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SEC. 7. The legislature may alter the limits of circuits, or increase the number of the same. No alieration or increase shall have the efiect to remove a judge from oftice. In every additional circuit established, the judge shall be elected by the electors of such circuit, and his term of office shall continue as provided in this constitution for judges of the circuit court.
SEC. 8. The circuit courts shall have original jurisdiction in all matters, civil and criminal, not excepted in this constitution, and not prohibited by law; and appellate jurisdiction from all inferior courts and tribunals, and a supervisory control of the same. They shall also have power to issue writs of habeas corpus, mandamus, injunction, qite warranto, certiorari, and other writs necessary to carry into efect their orders, judgments, and decrees, and give them a general control over inferior courts and tribunals within their respective jurisdictions.
SEC. 9. Each of the judges of the circuit courts shall receive a salary payable quarterly. They shall be ineligible to any other than a judicial office during the term for which they are elected, and for one year thereafter. All votes for any person elected such judge for any office other than judicial, given either by the legidature or the people, shall be void.
Sec. 10. The supreme court may appoint a reporter of its decisions. The decisions of the supreme court shall be in writing, and signed by the judges concurring therein. Any judge dissenting therefrom shall give the reasons of such dissent in writing under his signature. All such opinions shall be filed in the office of the clerk of the supreme court. The judges of the circuit court, within their respective jurisdictions, may fill vacancies in the office of county clerk and of prosecuting attorney; but no judge of the supreme court, or circuit court, shall exercise any other power of appointinent to public office.
Sec. 11. A circuit court shall be held at least twice in each year in every county organized for judicial purposes, and four times in each year in counties containing ten thousand inhabitants. Judges of the circuit court may hold courts for each other, and shall do so when required by law.
SEC. 12. The clerk of each county organized for judicial purposes shall be the clerk of the circuit court of such county, and of the supreme court when held within the same.
SEC. 13. In each of the counties organized for judicial purposes, there shall be a court of probate. The judge of such court shall be elected by the electors of the county in which he resides, and shall hold his office for four years, and until his successor is elected and qualified. The jurisdiction, powers, and duties of such couri shall be prescribed by law.
SEC. 14. When a vacancy occurs in the office of judge of the supreme, circuit, oz probate court, it shall be filled by appointment of the governor, which shall continue until a successor is elected and qualified. When elected, such successor shall hold his office the residue of the unexpired term.
SEC. 15. The supreme court, the circuit and probate courts of each county, shall be courts of record, and shall each have a common seal.
Sec. 16. The legislature may provide by law for the election of one or more persons in each organized county, who may be vested with judicial powers, not exceeding those of a judge of the circuit court at chambers.
Sec. 17. There shall be not exceeding four justices of the peace in each organized township. They shall be elected by the electors of the townships, and shall hold their offices for four years, and until their successors are elected and qualified. At the first election in any township, they shall be classified as shall be prescribed by law.. A justice elected to fill a vacancy shall hold his office for the residue of the unexpired term. The legislature may increase the number of justices in cities.
SEC. 18. In civil cases justices of the peace shall have exclusive jurisdiction to the amount of one hundred dollars, and concurrent jurisdiction to the amount of three hundred dollars, which may be increased to five hundred dollars, with such exceptions and restrictions as may be provided by law. They shall also have such crimi. nal jurisdiction and perform such duties as shall be prescribed by the legislature.
SEC. 19. Judges of the supreme court, circuit judges, and justices of the peace shall be conservators of the peace within their respective jurisdictions.
SEC. 20. The first election of judges of the circuit courts shall be held on the first Monday in April, one thousand eight hundred and fifty-one, and every sixth year thereafter. Whenever an additional circuit is created, provision shall be made to hold the subsequent election of such additional judges at the regular elections herein provided.
SEC. 21. The first election of judges of the probate courts shall be held on the Tuesday succeeding the first Monday of November, one thousand eight hundred and fifty-two, and every fourth year thereafter.
SEC. 22. Whenever a judge shall remove beyond the limits of the jurisdiction for. which he was elected, or a justice of the peace from the township in which he was elected, or by a change in the boundaries of such township shall be placed without the same, they shall be deemed to have vacated their respective offices.
SEC. 23. The legislature may establish courts of conciliation, with such powers and duties as shall be prescribed by law.
Sec. 24. Any suitor in any court of this State shall have the right to prosecute or defend his suit, either in his own proper person, or by an attorney or agent of his choice.
SEC. 25. In all prosecutions for libels, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libellous is true, and was published with good motives and for justifiable ends, the party shall be acquitted. The jury shall have the right to determine the law and the fact.
SEC. 26. The person, houses, papers, and possessions of every person shall be secure from unreasonable searches and seizures. No warrant to search any place, or to seize any person or things, shall issue without describing them, nor without probable cause, supported by oath or affirmation.
SEC. 27. The right of trial by jury shall remain, but shall be deemed to be waived in all civil cases unless demanded by one of the parties, in such manner as shall be prescribed by law.
SEC. 28. In every criminal prosecution, the accused shall have the right to a speedy and public trial by an impartial jury, which may consist of less than twelve men in all courts not of record; to be informed of the nature of the accusation ; to be confronted with the witnesses against him ; to have compulsory process for obtaining witnesses in his favor, and have the assistance of counsel for his defence.
SEC. 29. No person, after acquittal upon the merits, shall be tried for the same ofience; all persons shall, before conviction, be bailable by sufficient sureties, except for murder and treason, when the proof is evident or the presumption great.
SEC. 30. Treason against the State shall consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless upon the testimony of two witnesses to the same overt act, or on confession in open court.
Sec. 31. Excessive bail shall not be required; excessive fines shall not be imposed; cruel or unusual punishment shall not be inflicted, nor shall witnesses be unreasonably detained.
SEC. 32. No person shall be compelled, in any criminal case, to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law.
Sec. 33. No person shall be imprisoned for debt arising out of or founded on a contract, express or implied, except in cases of fraud or breach of trust, or of moneys collected by public officers or in any professional employment. No person shall be imprisoned for a militia fine in time of peace.
SEC. 34. No person shall be rendered incompetent to be a witness on account of his opinions on matters of religious belief.
SEC. 35. The style of all process shall be, “ In the name of the people of the State of Michigan.”
ELECTIONS. SECTION 1. In all elections, every white male citizen, every white male inhabitant residing in the State on the twenty-fourth day of June, one thousand eight hundred and thirty-five; every white male inhabitant residing in this State on the first day of January, one thousand eight hundred and fifty, who has declared his intention to become a citizen of the United States, pursuant to the laws thereof, six months preceding an election, or who has resided in this State two years and six months, and declared his intention as aforesaid ; and every civilized male inhabitant of Indian descent, a native of the United States and not a member of any tribe, shall be an elector and entitled to vote ; but no citizen or inhabitant shall be an elector, or entitled to vote at any election, unless he shall be above the age of twenty-one years, and has resided in this State three months, and in the township or ward in which he offers to vote, ten days next preceding such election.*
SEC. 2. All votes shall be given by ballot, except for such township officers as may be authorized by law to be otherwise chosen.
SEC. 3. Every elector, in all cases, except treason, felony, or breach of the peace, shall be privileged from artest during his attendance at election, and in going to and returning from the same.
SEC. 4. No elector shall be obliged to do militia duty on the day of election, except in time of war or public danger, or attend court as a suitor or witness.
SEC. 5. No elector shall be deemed to have gained or lost a residence by reason of his being employed in the service of the United States or of this State ; nor while engaged in the navigation of the waters of this State or of the United States, or of the high seas; nor while a student of any seminary of learning; nor while kept at any almshouse or other asylum at public expense; nor while confined in any public prison.
Sec. 6. Laws may be passed to preserve the purity of elections, and guard against abuses of the elective franchise.
SEC. 7. No soldier, seaman, nor marine, in the Army or Navy of the United States. shall be deemed a resident of this State in consequence of being stationed in any military or naval place within the same.
SEC. 8. Any inhabitant who may hereafter be engaged in a duel, either as principal or accessory before the fact, shall be disqualified from holding any office under ihe constitution and laws of this State, and shall not be permitted to vote at any election.
SECTION 1. There shall be elected at each general biennial election a secretary of state, a superintendent of public instruction, a State treasurer, a commissioner of the land-office, an auditor-general, and an attorney-general, for the term of two years. They shall keep their offices at the seat of government, and shall perform such duties as may be prescribed by law.
SEC. 2. Their term of office shall commence on the first day of January, one thousand eight hundred and fifty-three, and of every second year thereafter.
SEC. 3. Whenever a vacar.cy shall occur in any of the State offices, the govemor shall fill the same by appointment, by and with the advice and consent of the senate, if in session.
Sec. 4. The secretary of state, state treasurer, and commissioner of the State landoffice shall constitute a board of State auditors to examine and adjust all claims against the State, not otherwise provided for by general law. They shall constitute a board of State canvassers to determine the result of all elections for governor, lieutenant-governor, and State officers, and of such other officers as shall by law be referred to them.
* Amended ; see page 1017.
Sec. 5. In case two or more persons have an equal and the highest number of votes for any office, as canvassed by the board of State canvassers, the legislature, in joint convention, shall choose one of said persons to fill such office. When the determination of the board of State canvassers is contested, the legislature, in joint convention, shall decide which person is elected.
SALARIES. SECTION 1. The governor shall receive an annual salary of one thousand dollars; the judges of the circuit court-shall each receive an annual salary of one thousand five hundred dollars; the State treasurer shall receive an annual salary of one thousand dollars; the auditor-general shall receive an annual salary of one thousand dollars; the superintendent of public instruction shall receive an annual salary of one thousand dollars; the secretary of state shall receive an annual salary of eight hundred dollars; the commissioner of the land-office shall receive an annual salary of eight hundred dollars; the attorney-general shall receive an annual salary of eight hundred dollars. They shall receive no fees or perquisites whatever, for the performance of any duties connected with their offices. It shall not be competent for the legislature to increase the salaries herein provided.
COUNTIES. SECTION 1. Each organized county shall be a body-corporate, with such powers and immunities as shall be established by law. All suits and proceedings by or against a county shall be in the name thereof.
SEC. 2. No organized county shall ever be reduced by the organization of new counties to less than sixteen townships, as surveyed by the United States, unless, in pursuance of law, a majority of electors residing in each county to be affected thereby shall so decide. The legislature may organize any city into a separate county, when it has attained a population of twenty thousand inhabitants, without reference to geographical extent, when a majority of the electors of a county in which such city may be situated, voting thereon, shall be in favor of a separate organization.
Sec. 3 -In each organized county there shall be a sheriff, a county clerk, a county treasurer, a register of deeds, and a prosecuting attorney chosen, by the electors thereof, once in two years, and as often as vacancies shall happen, whose duties and powers shall be prescribed by law. The board of supervisors in any county may unite the offices of county clerk and register of deeds in one office, or disconnect the same.
SEC. 4. The sheriff, county clerk, county treasurer, judge of probate, and register of deeds shall hold their offices at the county-seat.
SEC. 5. The sheriff shall hold no other office, and shall be incapable of holding the office of sheriff longer than four in any period of six years. He may be required by law to renew his security from time to time, and in default of giving such security his office shall be deemed vacant. The county shall never be responsible for his
SEC. 6. A board of supervisors, consisting of one from each organized township, shall be established in each county, with such powers as shall be prescribed by law.
SEC. 7. Cities shall have such representation in the board of supervisors of the counties in which they are situated as the legislature may direct.
SEC. 8. No county-seat, once established, shall be removed, until the place to which it is proposed to be removed shall be designated by two-thirds of the board of supervisors of the county, and a majority of the electors voting thereon shall have voted in favor of the proposed location, in such manner as shall be prescribed by law.
SEC. 9. The board of supervisors of any county may borrow or raise by tax one thousand dollars, for constructing or repairing public buildings, highways, or bridges; but no greater sum shall be borrowed or raised by tax for such purpose in any one year, unless authorized by a majority of the electors of such county voting thereon.
SEC. 10. The board of supervisors, or, in the county of Wayne, the board of county auditors, shall have the exclusive power to prescribe and fix the compensation for all services rendered for, and to adjust all claims against, their respective counties, and the sum so fixed or defined shall be subject to no appeal.
SEC. 11. The board of supervisors of each organized county may provide for laying out highways, constructing bridges, and organizing townships, under such restrictions and limitations as shall be prescribed by law.
TOWNSHIPS. SECTION 1. There shall be elected annually, on the first Monday of April, in each crganized township, cne supervisor, one township clerk, who shall be ex-officio school inspector, one commissioner of highways, one township treasurer, one school inspector, rot exceeding four constables, and one overseer of highways for each highway di-trict, whose powers and duties shall be prescribed by law.
SEC. 2. Each organized township shall be a body-corporate, with such powers and immunities as shall be prescribed by law. All suits and proceedings by or against a township shall be in the name thereof.
IMPEACHMENTS AND REMOVALS FROM OFFICE. SECTION 1. The house of representatives shall have the sole power of impeaching civil officers for corrupt conduct in office, or for crimes or misdemeanors; but a majority of the members elected shall be necessary to direct an impeachment.
SEC. 2. Every impeachment shall be tried by the senate. When the governor or lieutenant-governor is tried, the chief justice of the supreme court shall preside. When an impeachment is directed, the senate shall take an oath or affirmation truly ard iinpartially to try and determine the same according to the evidence. No person shall be convicted without the concurrence of two-thirds of the members elected. Judgment, in case of impeachment, shall not extend further than removal from office; Lut the party convicted shall be liable to punisbment according to law.
SEC. 3. When an impeachment is directed, the house of representatives shall elect from their own body three members, whose duty it shall be to prosecute such impeachment. No impeachment shall be tried until the final adjournment of the legislature, when the senate shall proceed to try the same.
SEC. 4. No judicial officer shall exercise his office after an impeachment is directed, until he is acquitted.
SEC. 5. The governor may make a provisional appoirtment to fill a vacancy occasioned by the suspension of an officer until he shall be acquitted, or until after the election and qualification of a successor.
Sec. 6. For reasonable cause, which shall not be sufficient ground for the impeachment of a judge, the governor shall remove him on a concurrent resolution of twothirds of the members elected to each house of the legislature; but the cause for which such removal is required shall be stated at length in such resolution.
Sec. 7. The legislature shall provide by law for the removal of any officer elected by a county, township, or school-district, in such manner and for such cause as to them shall seem just and proper.
EDUCATION, SECTION 1. The superintendent of public instruction shall have the general supervision of public instruction, and his duties shall be prescribed by law.
SEC. 2. The proceeds from the sales of all lands that have been or hereafter may be granted by the United States to the State for educational purposes, and the proceeds of all lands or other property given by individuals or appropriated by the State for like purposes, shall be and remain a perpetual fund, the interest and income of which, together with the rents of all such lands as may remain unsold, shall be inviolably