USA > Michigan > Michigan legislative manual and official directory for the years 1899-1900 > Part 9
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STATE AGRICULTURAL COLLEGE, LANSING.
Wells' Hall.
65
SCHEDULE.
CONSTITUTION OF MICHIGAN.
or as soon thereafter as practicable, proceed to open the statements of votes returned from the several counties for judges of the supreme court and state officers under the act entitled "An act to amend the revised statutes and to pro- vide for the election of certain officers by the people in pursuance to an amendment of the constitution," approved February sixteenth, one thousand eight hundred and fifty, and shall ascertain, determine and certify the results of the election for said officers under said act, in the same manner. as near as may be, as is now provided by law in regard to the election of representatives in congress. And the several judges and officers so ascertained to have been elected may be qualified and enter upon the duties of their respective offices, on the first Monday of January next or as soon there- after as practicable.
SEC. 20. The salaries or compensation of all persons hold- Salaries. ing office under the present constitution shall continue to be the same as now provided by law, until superseded by their successors elected or appointed under this constitution; and it shall not be lawful hereafter for the legislature to increase or diminish the compensation of any officer during the term for which he is elected or appointed.
Douvielle v. Manistee Sups., 40 Mich. 585.
SEC. 21. The legislature at their first session shall provide Expendi- for the payment of all expenditures of the convention to re- tures of con- vise the constitution and of the publication of the same as is vention. provided in this article.
SEC. 22. Every county except Mackinac and Chippewa en- Representa- titled to a representative in the legislature, at the time of tive dis- the adoption of this constitution, shall continue to be so tricts. entitled under this constitution, and the county of Saginaw, with the territory that may be attached, shall be entitled to one representative; the county of Tuscola, and the terri- tory that may be attached, one representative: the county of Sanilac, and the territory that may be attached, one rep- resentative; the counties of Midland and Arenac, with the territory that may be attached, one representative; the county of Montcalm, with the territory that may be at- tached thereto, one representative; and the counties of Newaygo and Oceana, with the territory that may be at- tached thereto, one representative; each county having a ratio of representation, and a fraction over, equal to a moiety of said ratio, shall be entitled to two representatives; and so on above that number, giving one additional member for each additional ratio.
Supervisor v. Blacker, 92 Mich. 638.
SEC. 23. The cases pending and undisposed of in the late Cases pend- court of chancery, at the time of the adoption of this con- stitution, shall continue to be heard and determined by the judges of the supreme court. But the legislature shall at its session in one thousand eight hundred and fifty-one provide by law for the transfer of said causes that may remain un-
ing in chan- cery.
9
66
CONSTITUTION OF MICHIGAN.
SCHEDULE.
disposed of on the first day of January, one thousand eight hundred and fifty-two, to the supreme or circuit court estab- lished by this constitution, or require that the same may be heard and determined by the circuit judges.
Term of office of gov- ernor and lieutenant governor. Upper pen- insula.
SEC. 24. The term of office of the governor and lieutenant governor shall commence on the first day of January next after their election.
SEC. 25. The territory described in the article entitled "Up- per Peninsula," shall be attached to and constitute a part of the third circuit for the election of a regent of the university.
District judge and district attorney.
SEC. 26. The legislature shall have authority after the ex-' piration of the term of office of the district judge first elected for the "Upper Peninsula," to abolish said office of district judge and district attorney or either of them.
Legislature of 1851; its duties.
SEC. 27. The legislature shall, at its session of one thou- sand eight hundred and fifty-one, apportion the representa- tives among the several counties and districts, and divide the state into senate districts pursuant to the provisions of this constitution.
Terms of state and county officers.
SEC. 28. The terms of office of all state and county officers, of the circuit judges, members of the board of education, and members of the legislature shall begin on the first day of January next succeeding their election.
Judicial circuits, Const., Art. 6, Sec. 7.
SEC. 29. The state, exclusive of the upper peninsula, shall be divided into eight judicial circuits, and the counties of Monroe, Lenawee and Hillsdale shall constitute the first cir- cuit; the counties of Branch, St. Joseph, Cass and Berrien shall constitute the second circuit; the county of Wayne shall constitute the third circuit; the counties of Washtenaw. Jackson and Ingham shall constitute the fourth circuit; the counties of Calhoun, Kalamazoo, Allegan, Eaton and Van Buren shall constitute the fifth circuit; the counties of St. Clair, Macomb, Oakland and Sanilac shall constitute the sixth circuit; the counties of Lapeer, Genesee, Saginaw. Shiawassee, Livingston, Tuscola and Midland shall consti- tute the seventh circuit; and the counties of Barry, Kent, Ottawa, Ionia, Clinton and Montcalm shall constitute the eighth circuit.
Done in convention at the capitol of the state this fifteenth day of August, in the year of our Lord one thousand eight hundred and fifty and of the independence of the United States the seventy-fifth. D. GOODWIN, President.
INDEX
TO THE
CONSTITUTION OF MICHIGAN.
ART. SEC.
ABSENT MEMBERS, attendance may be compelled ... 4 8
ACTIONS-WRITS, pending at adoption of constitution. Sched. 2
Jurisdiction transferred, when, etc. Sched. 10
Causes in late court of chancery Sched. 23
ACTS-LAWS, when to take effect ..
20 To embrace but one object ... 20
ACQUITTAL ON MERITS, no trial after
6 2
ADJOURNMENT, less than quorum may adjourn from day to day 4 6
Neither house to adjourn for more than three days, except, etc. 4 12
Final, of session, hour of. 4 Time of, how fixed. 4 32 33 11
AGRICULTURAL IMPROVEMENTS, to be promoted. 13
AGRICULTURAL LANDS, for what time may be leased. 18 12
AGRICULTURAL SCHOOL, to be provided for 13
11
Salt spring lands, etc., to be applied to. 13
11
May be branch of university. 13
13
ALIENS, rights respecting property
18
AMENDMENTS, of laws, how made
4
Corporation laws may be amended.
15
Of corporation charters, notice of. 15
14
APPOINTMENT, CIVIL, members of the legislature not to receive ..
4
4 APPROPRIATIONS, of money or property, what vote required for .. ARMS, right of people to bear. 18
4
ATTAINDER, no bill of, to be passed.
4
ATTORNEY GENERAL, when elected, term of office
8
When term of, to commence
8
Salary of ..
9
1
To keep office at seat of government
8 8 8
Governor to remove, when
12
When governor to appoint successor.
12
AUDITOR GENERAL, when elected, term of office, duties to be pre- scribed by law ..
8
1
Term to commence, when.
8
To keep office at seat of government.
8
How vacancy in office of, filled.
8
When governor to remove ...
12
When governor to appoint successor
12
BAIL, when not to be allowed. Excessive, not to be required.
6
31
BALLOT, elections to be by, except when
7
BANKS-BANKING ASSOCIATIONS, a single bank may be created by legislature.
15
Liability of stockholders. 15
Bills of to be registered, when 15
1
Security for circulation of ... 15
4
Insolvency of, rights of bill holders 15
5
Suspension of specie payment by, not to be authorized. 15
6
BANKING LAW, GENERAL, to be submitted to vote of people 15
.
To perform duties prescribed by law
1
Vacancy in office, how filled.
3
8 8
11 11 13 25 1 1 16
ANNUAL TAX, for state expenditures, etc.
ARREST, when members of legislature exempt from Electors, privileged from, when 7
1 18 45 7 7 3 43 1
May be placed under supervision of regents.
To constitution, how made 20
4
4
1 3
6
2 1 3 8 8 29
68
CONSTITUTION OF MICHIGAN.
ART. SEC.
BILLS may originate in either house.
4 13
Not to be introduced after first fifty days of session. 4 28
To be read three times before passage
4 19
Vote on, by yeas and nays . 4
19
Majority of all members elect required to pass
4
19
To be presented to the governor for approval
4
14
Not returned in ten days become law
4
14
Proceedings on reconsideration of.
4
14
Two-thirds required to pass
4
14
Appropriating money and property for private or local purposes require two-thirds vote .
4
45
Of attainder, not to be passed .
4
43
BOARD OF STATE AUDITORS, how constituted.
8
4 4
To have supervision of normal school .. 13
BOARD OF STATE CANVASSERS, board of state auditors to be 8
To canvass returns for governor and other state officers, etc 8
4
When decision of, contested, legislature to decide. 8
5
BOARD OF EQUALIZATION, powers, duties of. 14
13
BOARD OF REGENTS. See Regents of University.
10
9
Cities to be represented in. 10
10
What powers may be conferred on
4
38 11
Removal of county seat by. 10
8
May provide for laying out highways and constructing bridges. 10
10
May raise money for highways and bridges, amount of. 10
9
May authorize bridging and damming navigable streams 18
4
To fix compensation and adjust claims against counties. 10
10
Allowances by, not subject to appeal 10
10
When to divide counties into representative districts 4
3
BOUNDARIES of the state of Michigan. 1
1
BRIDGES, board of supervisors may raise money for. 10
9
Board of supervisors may provide for constructing 10
11
Over navigable streams, how authorized 18
4
CENSUS, when to be taken. 4
4
CIRCUIT COURTS, courts of record, seal, etc.
6
Jurisdiction of.
6
County clerk to be clerk of ..
6
12
Practice in, to be regulated by supreme court ..
6
5
CIRCUIT COURT COMMISSIONERS, authorized, powers of, etc ..
6
16
First and subsequent elections, when to be.
6
Election of, in new circuits
6
Eligible to no other office
6
9
Term of office of. In new circuits
6
7
When appointed or elected to fill vacancy.
6
14
Salary of .. Art. 9, Sec. 1 6 9
6
10
Can make no other appointments.
6
10
To be conservators of the peace ..
6
19
Removal from circuit vacates office.
6
Vacancy to be filled by governor
16
14
CITIES, when may be organized into counties.
10
2
To be represented in board of supervisors
10
Incorporation of, to be provided for
15
13
What powers must be conferred on.
4
38
Power of taxation and of borrowing money to be restricted. 15
13
Election of judicial officers of ... 15
14
Other officers to be elected or appointed. 15
14
Of private property taken for public use in . 15 15
Alteration of charter, notice of application for 15 16
4
14
BINDING, of books, etc., to be let by contract, etc.
4
22
To adjust claims against state.
8
BOARD OF EDUCATION, election of members, terms of office. 13 Superintendent of public instruction, member of .. 13
9
9 9 4
BOARD OF SUPERVISORS, how constituted.
10
97
Powers to be prescribed by law
6
May organize townships. 10
4 24 15 8
To be held in each county, when, etc.
6
11
CIRCUIT JUDGES, to be elected in each circuit
6
9 20
6
6
May fill vacancies in office of county clerk and prosecuting attorney
Not to be removed by alteration of circuits. 6
7
If vetoed to be reconsidered.
4
14
When may be signed and filed in five days after close of session
BOARD OF AUDITORS of Wayne county, powers of.
CHAPLAIN, may be employed in state prison.
69
INDEX.
ART. SEC.
CIVIL APPOINTMENTS, members of the legislature not to receive .... 4 18
CIVIL POWER. military subject to. 18 8
CIVIL PROCESS, members of legislature exempt from, when .. 4
CIVIL RIGHTS, privileges, etc., of persons not to be diminished on account of religious belief ... 4
11
CLAIMS AND ACCOUNTS, legislature not to allow private. 4
31
CLAIMS AGAINST COUNTIES, adjustment by board of supervisors 10
10
CLAIMS AGAINST STATE, how adjusted. 8
1
CLERK, of supreme court, judges to appoint 6
12
Of circuit court, county clerk to be 6
12
COLLECTOR, holder, or disburser of public money, when allowed seat in legislature, or to hold office 30 4
5 COMMANDER-IN-CHIEF, governor is, of military and naval forces Is also when absent from the state in time of war .. 5 12 COMMISSIONS, to be signed by governor ... 5 19
COMMISSIONER OF THE LAND OFFICE, when elected, term of office, etc .. .
Salary of .
9
Term to commence, when
8
ยท2
To keep office at seat of government .. 8
8
3
To be member of board of state auditors.
8
4
To be member of board of state canvassers ..
8
1
When governor to remove .. 12
When governor to appoint successor. 12
8
COMMON LAW, retained .. Sched. 1
COMPENSATION for publishing laws in newspapers
4
37
At extra sessions From the upper peninsula. 4 15.
4
17
Of lieutenant governor, when acting as governor.
5
17
Extra, not allowed to officers and contractors.
4
10
To be paid by counties, how fixed .. 10
6
23
CONSTITUTION, submission of, to the people
Sched. 16-19
Amendments, how proposed and ratified.
20
1
When certain amendments to take effect
20
2
How may be revised, etc ... 20
CONTRACTS, obligation of, not to be impaired. 4
Members of legislature not to be interested in certain 4
Extra compensation not to be allowed on certain. 4 21
For fuel, stationery, printing, binding, etc. 4
Not to be altered, rescinded or released. 4
4
CONVENTION to revise constitution, when may be called, etc. 20
11
May sue and be sued .. 15
To be formed under general laws, except for municipal purposes 15
15
Terms of existence of.
15
Real estate may be held by, for what time.
15
12
Alteration of charter, notice to be given, etc.
15
16
Acts of incorporation passed prior to constitution, how amended 15 Not to be renewed or extended, when.
15
COUNTIES, are bodies corporate, organization, powers of, etc. 10
10
3
Territorial extent of. .
10
When cities may be organized into.
10
2)
Compensation for services for, and claims against.
10
10
When may be divided in forming senate districts .. 4
When entitled to a representative in the legislature. 4
2
COUNTY CLERK, to be clerk of circuit court ..
6
12
COUNTY OFFICERS, list of, when elected, etc.
10
3
Office of clerk and register may be united, etc.
10
3
Vacancies in, how filled. . 10
13
What, to hold offices at county seat .. 10 4
COUNTY ROADS, legislature may provide for laying out. 1 49
4
15
Of members of the legislature.
4
15
Of president of senate and speaker of house.
5
17
Of president pro tem. of senate when acting as governor ..
10
CONCILIATION, courts of, may be established.
43. 18
State officers and members not to be interested in, when. 4 22 2 22 21
CONVEYANCES of land, not to be authorized by special law.
3
CORPORATIONS, term defined 15
11
A single bank, etc., may be created.
1 1 10
8 8
1
Suits, by and against, in name of
Not liable for acts of sheriff ... 10
When to be divided into representative districts 4
3
Terms of office of. 10
8
1 1
1
Vacancy in office of, how filled
40
8
In contested election cases.
29
70
CONSTITUTION OF MICHIGAN.
ART. SEC.
COUNTY SEAT, removal of, proceedings for.
10 8
COURTS, judicial power vested in ...
6
1
Municipal courts may be established 6
Courts of conciliation authorized ... 6
23
Existing at adoption of constitution, retained, etc .. Sched. 2
Of probate and of justices of the peace, jurisdiction continued. . Sched. 11 CREDIT OF STATE not to be granted, except, etc. 14
6
28
Persons not subject to, after acquittal, etc.
6 29
Accused in, is not compelled to be a witness against himself 6
32
DAMS, upon navigable streams, how authorized . 18
1
DEAF, DUMB, BLIND AND INSANE, provisions for, to be made. 13
10
DEBATE, freedom of, in legislature, assured ..
4
7
DEBT, imprisonment for, prohibited, except, etc.
6
33
DISTRICTS, JUDICIAL. See Judicial Districts.
DISTRICTS, senate.
4
2
Rearrangement of senate districts ..
4
4
Representative districts
4
3
Reapportionment of
4
4
DIVORCE, not to be granted by legislature
4
226
DUE PROCESS OF LAW, no one to be deprived of life, liberty or prop- erty without ..
6
32
DUELING, disqualifies for office and voting.
7
8
EDUCATIONAL FUND, interest on application of specific taxes to pay. Interest of, how applied
14
1
ELECTION, of senator and representatives, when held, etc Of governor and lieutenant governor, when
Of state officers, etc
8
Of county officers 10
3
ELECTIONS, who competent to vote at ..
7
1
What votes to be given by ballot ..
7
In upper peninsula, time of and canvass
19
6
Laws to preserve purity of, may be enacted ..
7
In legislature, votes to be viva voce ....
4
11 1
Absent in army, not to be deprived of vote
7
1
Dueling disqualifies ..
7
Exempt from arrest, when.
7
3
From military duty, when.
7
From attendance as witnesses, when.
7
Residence not acquired or lost, how
7
5
Of soldiers, seamen and marines
7
ELECTIVE FRANCHISE, abuse of, to be guarded against ...
7
ENGLISH LANGUAGE, instruction in primary schools to be given in. Laws, records, and judicial proceedings to be in. 18
13
ESCHEATED LANDS, applications of proceeds and income of. 13
3
EXECUTIVE POWER, vested in governor. 5
16
Of homesteads to owner
16
16
3
Of members of legislature from arrest, when ..
4
5 7 3
Of electors on election day from arrest, when From military duty, when.
7
1
From attendance as witness, when.
7
EX POST FACTO LAWS not to be passed ..
4 4
1 13 9 9
EXTRA COMPENSATION not to be allowed to officers and contractors 4
5
Compensation of members, for what time
4
15
FEES, when prohibited. 9
FEMALES, rights of property and power of disposition of, etc. 16
5
FINES, excessive, not to be imposed.
6
31
For breaches of penal laws, applied to support of libraries 13
12
FREEDOM of speech and of the press not to be abridged 4 42
Of debate in the legislature secured. 4
7
Of religious belief and worship not to be interfered with. 4 39
FUEL. STATIONERY, for State, contracts for, to be let, etc. 4
4
Of property to females
16
7
EXPULSION, of members of legislature, may be made by either house. But not a second time for the same cause. 4
21 1
EXTRA SESSION of the legislature, may be called by the governor .. What subjects may be legislated on at.
4
15
1
5
Property of, not liable for debts of husband. 16
6 1
6
1
EXEMPTIONS, of personal property from execution.
To family of deceased To widow 16
4 1
ELECTORS, qualifications, residence, age of ...
7
From what school districts withheld 13 5 4 5 34 3 1
13
6
CRIMINAL PROSECUTIONS, right of the accused in
1
71
INDEX.
ART. SEC.
GOVERNOR, vested with the executive power. Who eligible to office of.
5 1
5
2
Members of congress, federal and state officers not eligible 5
15
Not eligible to any other office, etc ... 5 16
Election of, when, etc. 5 3
When by legislature 5
3
5 Term of office. To commence, when. Sched. 24 1
To be commander-in-chief of the military and naval forces 5
4
To sign bills approved, within ten days, during session of legislature 4 And in five days after close of session, in certain cases. 4
14
To return bills disapproved, with his objections ... 4
To transact all necessary business with officers of government .. 5
To see to the enforcement of the laws.
5
To give information to legislature by message
5
8
To issue writs of election to fill certain vacancies.
5
10
To sign commissions to state officers.
5
19 5
May remove certain state officers. To fill vacancies caused by such removal. 12
12
8
May require information of certain state officers in writing.
5
5
May call extra session of legislature ..
5
7
When may convene legislature at other places than at the capitol When may grant reprieves and pardons
9 11 11
May suspend execution of sentence for treason
5
11 6
Official acts of, how authenticated.
5
18
5 Vacancy in office of, to be filled by lieutenant governor When by president pro tem. of senate 5
12
HABEAS CORPUS, when writ of, not to be suspended . 4
44
HIGHWAYS, commissioners and overseers of, to be elected in each township .. 11
1
Certain, not to be vacated by legislature.
4
23
HIGHWAYS AND BRIDGES, boards of supervisors may lay out and con- struct ..
10
11
May raise money for, by tax or loan
10
9
HOMESTEAD. See Exemptions.
Alienation or mortgage of, by married men, when void. 16
2 4
Number of members, etc. .
4
3
Organization of districts, etc.
4
3
Reapportionment of members of.
4
4
Qualification of members of
4
5
Who ineligible to membership in ..
6
What constitutes quorum, attendance, etc.
1
8
Rules of proceedings, expulsion of members, etc
4
0
Journal of proceedings, etc ...
10
Opening of doors, adjournment, etc.
12
General provisions ..
4 13-48 1
IMPEACHMENT, house has sole power of. Majority of members required to order
15
1
To be tried by senate.
12
1
Trial to be held after final adjournment .
12
3
To be managed by a committee from the house.
12
3
What majority required for conviction.
12
2
Extent of judgment of
12
2
Judicial officers suspended during proceedings 12
4
Vacancy during, how supplied .. 12
5
IMPRISONMENT for debt, when prohibited 6
33
For militia fines, when prohibited .. 6 33
8
How may be renewed or extended, etc 15
10
INSANE, provisions to be made for ... 13
10
INTELLECTUAL IMPROVEMENT, to be promoted. 13
11
INTERNAL IMPROVEMENT, when state may engage in, etc. 14
9
JOINT CONVENTION, of the two houses, vote in, to be viva voce. 4
11
5
To report pardons granted ..
5 5
When may remove judges .. 12
12
To examine into administration of public offices and officers.
14 5 6
To recommend measures deemed expedient .. 5
8
To fill vacancies during impeachment
12
8
Taking private property for . 18
2
When widow entitled to rents and profits of. 16
HOUSE OF REPRESENTATIVES, provided for.
1
Members privileged from arrest, etc.
1
4
4
Has sole power of impeachment, etc. 12
12
1
INCORPORATION, acts of, prior to constitution, how amended. 15
.
13
14
72
CONSTITUTION OF MICHIGAN.
ART. SEC ..
JOINT RESOLUTIONS, to be read three times before final passage. 4 19-
Majority of all members elect required for ... 1 19
Approval by the governor .. 14 1
JOURNAL, each house to keep and publish 10 1
When yeas and nays to be entered in .. 1
10
When protest of members to be entered in.
4
10
Votes on nominations to senate to be entered in 1
11
Governor's objection to bills to be entered in. 4
11
Votes on bills vetoed to be entered in. 1
6
May be altered and increased. 6
First division under constitution. Sched. 29
JUDICIAL DECISIONS, publication of, to be provided for. 4 36
Publication of, to be free to all .. 35 1
JUDICIAL OFFICERS, suspended during proceedings to impeach. 12 Vacancy during suspension, how supplied. 12 5
1
Of cities and villages, to be elected. 15
6
1
JUDGES, removal of, when and how
12
6
Classification of the judges.
6
2
Term of office.
6
14
6
14
May appoint a clerk. A reporter. 6 6
6
12
Can make no other appointments.
6
2
Judge dissenting to give reasons. 6
10
To be conservators of the peace 6 19
JURORS, number required in criminal cases 6
18
When less than twelve may be provided for 4
6
27
When deemed waived in civil cases. Right of accused to, in criminal cases.
6
27
In condemning private property for public use
18
For property taken in cities and villages.
15
15
To determine necessity, etc., for taking lands for private roads .. 18
14
JUSTICES OF THE PEACE, four to be elected in each town. Term of office of, classification of, etc .. 6
6
17
Number may be increased in cities .. 6
17
Elected to fill vacancies, holds for residue of unexpired term 6
17
Jurisdiction of . 6
18
Exercised under former constitution continued.
Sched. 11
To be conservators of the peace 6 19
When removal of, or change in township, vacates office. 6
22
LANDS, granted for educational purposes, application of proceeds, etc. 13
Escheated lands, application, etc .. 13 2
LAND OFFICE. See Commissioner of Land Office.
LAW ACTS, style of ..
4
48
To embrace but one object
4
20
Title of, to express object.
4
20
When to take effect ..
4
20
How revised, altered or amended.
1
25 15
Speedy publication to be provided for
1
36
In newspapers, compensation for.
18
15
4
43
To be promulgated in English language ..
18
6
LAW AND EQUITY, distinction between proceedings in, to be abolished as far as practicable .. 6
5
LAWS, JOURNALS AND DOCUMENTS, each member of the legislature entitled to copy
1
15
Contracts for printing to be let, etc
4
22
4
1
4
1
To meet biennially, when and where .. 4
33
When at other places than capitol. 5 9
Final adjournment to be fixed by concurrent resolution 4 33.
1
36
Publication of, free to all ..
4
35
Reprinting when required, provision for
Impairing obligation of contracts, forbidden
18
No general revision to be made
6
28.
For condemnation of private property for public use.
46
JURY, TRIAL BY, right of, to remain.
6
When appointed or elected to fill vacancy.
6
14
JUDICIAL POWER, where vested.
JUDGES OF THE CIRCUIT COURTS. See Circuit Judges.
JUDGES OF THE SUPREME COURT, to be elected.
Vacancy in, to be filled by governor.
10 10
Concurrence of three, required for a decision.
28 2
17
LEGISLATIVE POWER, vested in a senate and house of representatives. LEGISLATURE, composed of senate and house
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