Michigan official directory and legislative manual for the years 1901-1902, Part 8

Author: Michigan. Dept. of State. cn
Publication date: 1901
Publisher: Lansing : [State of Michigan]
Number of Pages: 926


USA > Michigan > Michigan official directory and legislative manual for the years 1901-1902 > Part 8


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Smith v. Adrian, 1 Mich. 495; People v. Mahaney, 13 Mich. 481 ; Detroit v. Blakeby, 21 Mich. 84; People v. Hurlbut, 24 Mich. 44; Attorney General v. Lothrop, 24 Mich. 235; Park Commissioners v. Detroit, 28 Mich. 228; Attorney General v. Detroit, 29 Mich. 108; Shumway v. Bennett, 29 Mich. 451; Wattles v. Lapeer, 40 Mich. 624; Coon v. Attorney General, 42 Mich. 65; Allor v. Wayne Co. Auditors, 43 Mich. 102; Torrent v. Muskegon, 47 Mich. 115; Pingree v. Board of Education, 99 Mich. 404; White v. Board of Supervisors Manistee Co., 105 Mich. 608; White v. Board of Su- pervisors, 105 Mich. 613; Attorney General ex rel. Moorland v. Common Council City of Detroit, 112 Mich. 159, 169.


Election of judicial officers of.


SEC. 14. Judicial officers of cities and villages shall be elected and all other officers shall be elected or appointed at such time and in such manner as the legislature may direct.


People v. Hurlbut, 24 Mich. 44; Attorney General v. Lothrop, 24 Mich. 235; Hubbard v. Springwells, 25 Mich. 153; Coon v. Attorney General, 42 Mich. 65; People v. Reilly, 53 Mich. 260; Coffin v. E ection Commissioners, 97 Mich. 188; Davock et al. v. Moore, 105 Mich. 120.


Private property, how taken.


SEC. 15. Pr.vate property shall not be taken for public improve- ments in cities and villages without the consent of the owner, unless the compensation therefor shail first be determined by a jury of freeholders and actually paid or secured in the manner provided by law.


Williams v. Mayor, 2 Mich. 560; Woodbridge v. Detroit, 8 Mich. 274; Campau v. Detroit, 14 Mich. 276; People v. Brighton, 20


51


CONSTITUTION OF MICHIGAN.


ART. XVI.


Mich. 57; Trombley v. Auditor General, 23 Mich. 471; Mansfield, (. & L. M. R. R. Co. v. Clark, 23 Mich. 524; Chicago & M. L. S. R. R. Co. v. Sanford, 23 Mich. 418; Horton v. Grand Haven, 24 Mich. 465; Sheldon v. Kalamazoo, 24 Mich. 383; Arnold v. Decatur, 29 Mich. 77; Powers' Appeal, 29 Mich. 504; G. R. B. Co. v. Jarvis, 30 Mich. 308; Kroop v. Forman, 31 Mich. 144; Paul v. Detroit, 32 Mich. 108; Thomas v. Gain, 35 Mich. 155; Ryerson v. Brown, 35 Mich. 333; G. R. N. & L. S. R. R. Co. v. G. R. & I. R. R. Co., 35 Mich. 265; Ayres v. Richards, 41 Mich. 680; Chaffee's Appeal, 56 Mich. 255; City of Detroit v. Daly, 68 Mich. 503; in re Willis Ave., 68 ; Mich. 635; See Art. 18, Sec. 2, Detroit v. Beecher, 75 Mich. 454; Fuller v. City of Detroit, 97 Mich. 597; City of Saginaw v. Camp- bell, 102 Mich. 594; Stevens v. Muskegon, 111 Mich. 72; Roberts v. Smith, 115 Mich. 5; City of Mt. Clemens v. Macomb Circuit Judge, 119 Mich. 293.


SEC. 16. Previous notice of any application for an alteration of the Notice for charter of any corporation shall be given in such manner as may be charter. prescribed by law.


People v. Hurlbut, 24 Mich. 44.


ARTICLE XVI.


EXEMPTIONS.


SECTION 1. The personal property of every resident of this state, Of personal to consist of such property only as shall be designated by law, shall be property. exempted to the amount of not less than five hundred dollars from sale on execution or other final process of any court, issued for the collection of any debt contracted after the adoption of this constitu- tion.


Wilson v. Bartholomew, 45 Mich. 43; McHugh v. Curtis, 48 Mich. 262; Burrows v. Brooke, 113 Mich. 308, 309.


SEC. 2. Every homestead of not exceeding forty acres of land, and Of homestead. the dwelling house thereon, and the appurtenances to be selected by the owner thereof, and not included in any town plat, city or village; or instead thereof, at the option of the owner, any lot in any city, village, or recorded town plat, or such parts of lots as shall be equal thereto, and the dwelling house thereon, and its appurte- nances, owned and occupied by any resident of the state, not exceed- ing in valuc fifteen hundred dollars, shall be exempt from forced sale on execution, or any other final process from a court, for any debt con- tracted after the adoption of this constitution. Such exemption shall not extend to any mortgage thereon, lawfully obtained; but such inortgage or other alienation of such land by the owner thereof, if a married man, shall not be valid without the signaturc of the wife to the same.


People v. Plumstead, 2 Mich. 465; Wisner v. Farnham, 2 Mich. 472; Chamberlain v. Lyell, 3 Mich. 448; Hershfeldt v. George, 6 Mich. 456; Beccher v. Baldy, 7 Mich. 488; Thomas v. Dodge, 8 Mich. 51; Dye v. Mann, 10 Mich. 291; McKee v. Wilcox, 11 Mich. 358; Dyson v. Sheley, 11 Mich. 527; Ring v. Bert, 17 Mich. 465; Coolidge v. Wells. 20 Mich. 79; Phillips v. Stauch, 20 Mich. 369; Orr v. Shraft; 22 Mich. 260; Fisher v. Meister, 24 Mich. 447; Comstock v. Comstock, 27 Michi. 97; Amphilet v. Hibbard, 29 Mich. 298; Hanchett v. McQucen, 32 Mich. 22; Wallace v. Harris, 32 Mich. 380; Smith v. Rumsey, 33 Mich. 183; Barber v. Rorabeck, 36 Mich. 399; Bunker v. Paquette, 37 Mich. 79; Griffin v. Johnson, 37 Mieli. 87; Lozo v. Sutherland, 38 Mich. 168; Drake v. Kinsell, 38 Mieli. 232; Stevenson v. Jackson, 40 Mich. 702; Watertown Ins. Co. v. G. R. S. M. Co., 41 Mich. 131; Matson v. Melchor, 42 Mich.


.


.


52


CONSTITUTION OF MICHIGAN.


ART. XVILL.


477; Showers v. Robinson, 43 Mich. 502; Sherrid v. Southwick, 43 Mich. 515; Hammoud v. Wells, 45 Mich. 11; Robinson v. Baker, 47 Mich. 619; Pardo v. Bittorf, 48 Mich. 275; Patterson v. Patterson, 49 Mich. 176; Reske v. Reske, 51 Mich. 541; Griffin v. Nichols, 51 Mich. 577; Zoellner v. Zoellner, 53 Mich. 620; Allen v. Caldwell, 55 Mich. 10; Riggs v. Sterling, 60 Mich. 643; Mertz v. Berry, 101 Mich. 32; Barrett v. Cox, 112 Mich. 222; Gadsby v. Monroe, 115 Mich. 282; Webster v. Warner, 119 Mich. 461; Francis v. Francis et al .. 80 N. W. R. 795.


Idem.


SEC. 3. The,homestead of a family after the death of the owner thereof, shall be exempt from the payment of his debts contracted after the adoption of this constitution, in all cases during the minor- ity of his children.


Drake v. Kinsell, 38 Mich. 232; Dei v. Habel, 41 Mich. 88; Show- ers v. Robinson, 43 Mich. 502.


Idem.


SEC. 4. If the owner of a homestead die, leaving a widow, but no children, the same shall be exempt, and the rents and profit thereof shall accrue to her benefit during the time of her widowhood, unless she be the owner of a homestead in her own right.


Dei v. Habel, 41 Mich. 88.


Estates of females.


SEC. 5. The real and personal estate of every female, acquired before marriage, and all property to which she mnay afterwards be- come entitled, by gift, grant, inheritance or devise, shall be and remain the estate and property of such female, and shall not be liable for the debts, obligations or engagements of her husband, and may be devised or bequeathed by her as if she were uninarried.


Brown v. Fifield, 4 Mich. 322; Fisher v. Provin, 25 Mich. 347; Ransom v. Ransom, 30 Mich. 328; Smith v. Martin et al., 82 N. W. R. 662 ..


ARTICLE XVII.


MILITIA.


Militia, of whom com- posed.


(a) SECTION 1. The militia shall be composed of all able bodied male citizens, between the ages of eignteen and forty-five years, except such as are exempted by the laws of the United States or of this state; but all such citizens, of any religious denomination whatever, who, from scruples of conscience, may be averse to bearing arms, shall be excused therefrom upon such conditions as shall be prescribed by law.


Organization. SEC. 2. The legislature shall provide by law for organizing, equip- ping and disciplining the militia, in such manner as they shall deem expedient, not incompatible with the laws of the United States. McRae v. Railroad Co., 93 Mich. 399. Officers, election of. SEC. 3. Officers of the militia shall be elected or appointed and be commissioned in such a manner as may be provided by law.


ARTICLE XVIII.


MISCELLANEOUS PROVISIONS.


Oath of office. SECTION 1. Members of the legislature, and all officers. executive and judicial, except such officers as may by law be exempted, shall, before they enter on the duties of their respective offices, take and subscribe the following oath or affirmation : "I do solemnly swear (or


(a) As amended by joint resolution No. 42, laws of 1869, p. 425; rati- fied election of 1870.


53


CONSTITUTION OF MICHIGAN.


. ART. XVIII.


affirm) that I will support the constitution of the United States and the constitution of this state, and that I will faithfully discharge the duties of the office of - according to the best of my ability." And no other oath, declaration or test shall be required as a qualification for any office or public trust.


People v. Mayworm, 5 Mich. 146; People v. Auditor General, 5 Mich. 193; Underwood v. McDuffee, 15 Mich. 366; People v. Mil- ler, 16 Mich. 56; People v. Hurlbut, 24 Mich. 44; Shurbun v. Hooper, 40 Mich. 503; Attorney General v. Detroit Common Council, 58 Mich. 223; Hall v. Collins, 117 Mich. 617.


(b) SEC. 2. When private property is taken for the use or benefit of Private the public, the necessity for using such property and the just compen- property for sation to be made therefor, except when to be made by the state, shall public use. be ascertained by a jury of twelve freeholders, residing in the vicinity of such property, or by not less than three commissioners, appointed by a court of record, as shall be prescribed by law: Provided, The foregoing provision shall in no case be construed to apply to the action of commissioners of highways in the official discharge of their duty as highway commissioners.


Williams v. Mayor, 2 Mich. 560; Campau v. Detroit, 14 Mich. 276; People v. Highway Commissioners, 15 Mich. 347; Ryan v. Brown, 18 Mich. 196; People v. Brighton, 20 Mich. 57; People v. Salem, 20 Mich. 452; C. & M. L. S. R. R. Co. v. Sanford, 23 Mich. 418; Trombly v. Auditor General, 23 Mich. 471; M. C. & L. M. R. R. Co. v. Clark, 23 Mich. 519; Sheldon v. Kalamazoo, 24 Mich. 383; Horton v. Grand Haven, 24 Mich. 465; McCleary v. Hartwell, 25 Mich. 139; Arnold v. Decatur, 29 Mich. 77; Powers' Appeal, 29 Mich. 504; G. R. B. Co. v. Jarvis, 30 Mich. 308; Kroop v. Forman, 31 Mich. 144; Paul v. Detroit, 32 Mich. 108; Thomas v. Gain, 35 Mich. 155; G. R. N. & L. S. R. R. Co. v. G. R. & I. R. R. Co., 35 Mich. 265; Ryerson v. Brown, 35 Mich. 333; Ayers v. Richards, 38 Mich. 214; 41 Mich. 680; People v. L. S. & M. S. R. R. Co., 52 Mich. 284; Bourchard v. Bourassa, 57 Mich. 8; In re Opening First Street, 58 Mich. 641; Callanan v. Port Huron & N. W. R. R., 61 Mich. 14; City of Detroit v. Daly, 68 Mich. 503; In re Willis Ave., 68 Mich. 635; Pearsall v. Supervisors, 71 Mich. 445; Vanderlip v. Grand Rapids, 73 Mich. 532; Truax v. Sterling, 74 Mich. 160; De- troit v. Beecher, 75 Mich. 454; People v. D. G. H. & M. R. R. Co., 79 Mich. 471; Taylor v. Street Railway Co., 80 Mich. 77; City of Owosso v. Richfield, 80 Mich. 328; City of Saginaw v. Campau, 102 Mich. 594; Stofflet v. Estes, 104 Mich. 213; Campau v. City of De- troit, 104 Mich. 561; Sewell v. Patterson, 107 Mich. 236; Roberts v. Smith, 115 Mich. 5; City of Mt. Clemons v. Macomb Circuit Judge, 119 Mich. 293.


SEC. 3. No mechanical trade shall hereafter be taught to convicts Mechanical in the state prison of this state, except the manufacture of those trades in articles of which the chief supply for home consumption is imported state prison. from other states or countries.


People v. Insp'r., etc., State Prison, 4 Mich. 187.


SEC. 4. No navigable stream in this state shall be either bridged or Navigable dammed without authority from the board of supervisors of the streams. proper county under the provisions of law. No such law shall prej- ndice the right of individuals to the free navigation of such streams or preclude the state from the further improvement of the naviga- tion of such streams.


La Plaisance Bay Co. v. Monroe, Walk. Ch. 155; Moore v. San- born, 2 Mich. 520; Lorman v. Benson, 8 Mich. 18; Tyler v. People.


(b) As amended by joint resolution No. 14, laws of 1859, p. 1102; rati- Bed election of 1860.


54


CONSTITUTION OF MICHIGAN.


ART. XVIII.


8 Mich. 320; Ryan v. Brown, 18 Mich. 196; Powers v. Irish, 23 Mich. 429; G. R. B. Co. v. Jarvis, 30 Mich. 429; Thunder Bay B. Co. v. Speechly, 31 Mich. 336; Clay v. Pennoyer, etc., 34 Mich. 204; Fox v. Holcomb, 34 Mich. 298; Attorney General v. Evart B. Co., 34 Mich. 462; Maxwell v. Bridge Co., 41 Mich. 453; Benjamin v. Manistee Co., 42 Mich. 628; Nelson v. Cheboygan S. W. Nav. Co., 44 Mich. 7; Shepherd v. Gates, 50 Mich. 495; Grand Rapids v. Powers, 89 Mich. 94; Stofflet v. Estes, 104 Mich. 213; Corning v. City of Saginaw, 116 Mich. 74; Dietrich et al. v. Schremm et al., 117 Mich. 298.


Public


moneys.


SEC. 5. An accurate statement of the receipts and expenditures of the public moneys shall be attached to, and published with the laws at every regular session of the legislature.


Laws, etc., to be in English.


SEC. 6. The laws, public records, and the written judicial and legis- lative proceedings of the state shall be conducted, promulgated and preserved in the English language.


Right to bear arms.


SEC. 7. Every person has a right to bear arms for the defense of himself and the state.


Military sub- ordinate to civil power. Quartering of soldiers.


SEC. 8. The military shall in all cases, and at all times, be in strict subordination to the civil power.


SEC. 9. No soldier shall, in time of peace, be quartered in any house without the consent of the owner or occupant, nor in time of war, except in a manner prescribed by law.


Right of petition.


SEC. 10. The people have the right peaceably to assemble together to consult for the common good, to instruct their representatives, and to petition the legislature for redress of grievances.


State Tax Law Cases, 54 Mich. 282.


Slavery prohibited.


SEC. 11. Neither slavery nor involuntary servitude, unless for the punishment of crime, shall ever be tolerated in this state.


People v. Hanrahan, 75 Mich. 620.


Leases.


SEC. 12. No lease or grant hereafter of agricultural land for a longer period than twelve years, reserving any rent or service of any kind, shall be valid.


Aliens inay SEC. 13. Aliens who are. or who may hereafter become, bona fide hold property. residents of this state, shall enjoy the same rights in respect to the possession, enjoyment and inheritance of property, as native born citizens.


Crane v. Reeder, 21 Mich. 24; Thompson v. Waters, 25 Mich. 214.


Private property.


Private roads.


SEC. 14. The property of no person shall be taken for public use without just compensation therefor. Private roads may be opened in the manner to be prescribed by law; but in every case the neces- sity of the road and the amount of all damages to be sustained by the opening thereof shall be first determined by a jury of free-holders; and such amount, together with the expenses of proceedings, shall be paid by the person or persons to be benefited.


Williams v. Mayor, 2 Mich. 560; Paul v. Detroit, 32 Mich. 108; Ayres v. Richards, 38 Mich. 214; Chaffee's Appeal, 56 Mich. 253; Toledo, A. A. & Nor. R. R. v. Munson, 57 Mich. 44; Vanderlip v. Grand Rapids, 73 Mich. 532; Truax v. Sterling, 74 Mich. 160; Fuller v. City of Detroit, 97 Mich. 597; City of Saginaw v. Cam- pau, 102 Mich. 594; Brown v. Greenfield Township Board, 109 Mich. 560; Roberts v. Smith, 115 Mich. 5.


Revision of laws.


SEC. 15. No general revision of the laws shall hereafter be made. When a reprint thereof becomes necessary, the legislature in joint convention shall appoint a suitable person to collect together such acts and parts of acts as are in force, and, without alteration, arrange them under appropriate heads and titles. The law so arranged shall


55


CONSTITUTION OF MICHIGAN.


ART. XIX.


be submitted to two commissioners appointed by the governor for Commissioners examination, and if certified by them to be a correct compilation of to examine. all general laws in force, shall be printed in such manner as shall be prescribed by law.


Stewart v. Riopelle, 48 Mich. 178.


ARTICLE XIX.


UPPER PENINSULA.


(c) SECTION 1. The counties of Mackinac, Chippewa, Delta, Mar- Upper penin- quette, Schoolcraft, Houghton, and Ontonagon, and the islands and sula. See territory thereunto attached, the islands of Lake Superior, Huron and schedule, Michigan, and in Green Bay and the Straits of Mackinac and the River


Sec. 26. Ste. Marie, shall constitute a separate judicial district, and be entitled to a district judge and district attorney.


Niles v. Circuit Judge, 102 Mich. 328; Smith v. L. S. & M. S. Ry. Co., 114 Mich. 460.


(d) SEC. 2. The district judge shall be elected by the electors of District judge. such district, and shall perform the same duties and possess the same powers as a circuit judge in his circuit, and shall hold his office for the same period.


(e) SEC. 3. The district attorney shall be elected every two years by Attorney. the electors of the district, shall perform the duties of prosecuting attorney throughout the entire district, and may issue warrants for the arrest of offenders in cases of felony, to be proceeded with as shall be prescribed by law.


SEC. 4. Such judicial district shall be entitled at all times to at Senators and least one senator, and until entitled to more by its population, it shall representa- have three members of the house of representatives, to be appor- tives. tioned among the several counties by the legislature.


·


SEC. 5. The legislature may provide for the payment of the district Compensation judge a salary not exceeding one thousand dollars a year, and of the of judges, etc., district attorney not exceeding seven hundred dollars a year; and See Const., inay allow extra compensation to the members of the legislature Art. 4, Sec. 15. from such territory, not exceeding two dollars a day during any session.


(f) SEC. 6. That elections for all district or county officers, state Election, when senators or representatives, within the boundaries defined in this ar- to take place. ticle, shall take place on the Tuesday succeeding the first Monday of November in the respective years in which they may be required. The county canvass shall be held on the first Monday thereafter, and the district canvass on the third Monday of said November.


SEC. 7. One-half of the taxes received into the treasury from Mining taxes. mining corporations in the upper peninsula, paying an annual state tax of one per cent., shall be paid to the treasurers of the counties from which it is received, to be applied for township and county pur- poses, as provided by law. The legislature shall have power, after the year one thousand eight hundred and fifty-five, to reduce the amount to be refunded.


People v. Auditor General, 9 Mich. 141; Walcott v. People, 17 Mich. 68.


(c) See act 150, laws 1863, p. 281.


(d) See act 150, laws 1863, p. 281. See Schedule, Sec. 26.


(e) See act 191, laws of 1865, p. 320.


(f) As amended by joint resolution No. 17, laws of 1861. p. 589; rati- fied election of 1862.


56


CONSTITUTION OF MICHIGAN.


ART. XX.


Location of state prison. Mining com- panies.


SEC. 8. The legislature may change the location of the state prison from Jackson to the upper peninsula.


SEC. 9. The charters of the several mining corporations may be modified by the legislature, in regard to the term limited for sub- scribing to stock, and in relation to the quantity of land which a corpo- ration shall hold; but the capital shall not be increased, nor the time' for the existence of charters extended. No such corporation shall be permitted to purchase or hold any real estate, except such as shall be necessary for the exercise of its corporate franchises.


Mason v. Perkins, 73 Mich. 303.


(g) ARTICLE XIX-A.


RAILROADS.


Railroad fares and freights.


SECTION 1. The legislature may, from time to time, pass laws establishing reasonable maximum rates of charges for the transporta- tion of passengers and freight on different railroads in this state, and shall prohibit running contracts between such railroad companies whereby discrimination is made in favor of either of such companies as against other companies owning connecting or intersecting lines of railroad.


Discrimina- tion pro- hibited.


Wellman v. Chicago & G. T. R. R. Co., 83 Mich. 592, 143 U. S. 339; Smith v. Lake Shore & M. S. Ry. Co., 114 Mich. 460.


Competing lines not to consolidate. Notice of consolidation.


SEC. 2. No railroad corporation shall consolidate its stock, prop- erty, or franchises with any other railroad corporation owning a parallel or competing line; and in no case shall any consolidation take place except upon public notice given of at least sixty days to all stockholders, in such a manner as shall be provided by law.


F. & P. M. R. R. Co. v. Rich, Commissioner of Railroads, 91 Mich. 293.


ARTICLE XX.


AMENDMENT AND REVISION OF THE CONSTITUTION.


Amendments to constitu- tion.


(h) SECTION 1. Any amendment or amendments to this constitu- tion may be proposed in the senate or house of representatives. If the same shall be agreed to by two-thirds of the members elected to each house, such amendment or amendments shall be entered on the journals respectively, with the yeas and nays taken thereon, and the same shall be submitted to the electors at the next spring or autumn election thereafter, as the legislature shall direct; and if a majority of electors qualified to vote for members of the legislature voting thereon shall ratify and approve such amendment or amendments, the same shall become part of the constitution.


Westinghausen v. People, 44 Mich. 265; Seneca Mining Co. v. Secretary of State, 82 Mich. 573.


Revision of the consti- tution.


(¿) SEC. 2. At the general election to be held in the year one thou- sand eight hundred and sixty-six, and in each sixteenth year there- after, and also at such other times as the legislature may by law provide, the question of the general revision of the constitution shall be submitted to the electors qualified to vote for members of the


(g) Submitted by joint resolution No. 1, laws of 1870, p. 13; ratified election of 1870.


(h) As amended by joint resolution No. 29, public acts 1875, p. 310; ratified election of 1876.


(i) As amended by joint resolution No. 17, laws of 1861, p. 589; rati- fied election of 1862.


57


CONSTITUTION OF MICHIGAN.


SCHEDULE.


legislature, and in case a majority of the electors so qualified, voting at such election, shall decide in favor of a convention for such pur- pose, the legislature, at the next session, shall provide by law for the election of such delegates to such convention. All the amend- ments shall take effect at the commencement of the year after their adoption.


Seneca Mining Co. v. Sec. of State, 82 Mich. 573.


SCHEDULE.


That no inconvenience inay arise from the changes in the constitu- tion of this state, and in order to carry the same into complete opera- tion, it is hereby declared that


Douvielle v. Manistee Supervisors, 40 Mich. 585.


SECTION 1. The common law and the statute laws now in force, not Laws to re- repugnant to this constitution, shall remain in force until they expire main in by their own limitations, or are altered or repealed by the legislature. force


Stout v. Keyes, 2 Dong. 188; May v. Rumney, 1 Mich. 3; Beecher v. Baldy, 7 Mich. 488; Lorman v. Benson, 8 Mich. 18; Wolcott v. People, 17 Mich. 68; Fisher v. Provin, 25 Mich. 347.


SEC. 2. All writs, actions, causes of action, prosecutions and rights Continuance of individuals, and of bodies corporate, and of the state, and all char- of writs, ters of incorporation, shall continue, and all indictments which shall ª actions, etc. have been found or which may hereafter be found, for any crime or offense committed before the adoption of this constitution, may be proceeded upon as if no change had taken place. The several courts, except as herein otherwise provided, shall continue with the like powers and jurisdiction, both at law and in equity, as if this constitu- tion had not been adopted, and until the organization of the judicial department under this constitution.


SEC. 3. That all fines, penalties, forfeitures and escheats, accruing Fines, etc. to the state of Michigan under the present constitution and laws, shall accrue to the use of the state under this constitution.


SEC. 4. That all recognizances, bonds, obligations, and all other Recogni- instruments entered into or executed before the adoption of this con- zances, bonds stitution, to the people of the state of Michigan, to any state, county tions. and obliga- or township, or any public officer, or public body, or which may be entered into or executed, under existing laws, " to the people of the state of Michigan," to any such officer or public body, before the com- plete organization of the departments of government under this con- stitution, shall remain binding and valid; and rights and liabilities upon the same shall continue and may be prosecuted as provided by law. And all crimes and misdemeanors and penal actions shall be tried, punished and prosecuted as though no change had taken place, until otherwise provided by law.


SEC. 5. A governor and lieutenant governor shall be chosen under Governor and the existing constitution and laws to serve after the expiration of the lieutenant term of the present incumbent. governor.




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