USA > Michigan > Michigan official directory and legislative manual for the years 1901-1902 > Part 9
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SEC. 6. All officers, civil and military, now holding any office or Officers to appointment, shall continue to hold their respective offices, unless hold over. removed by competent authority, until superseded under the laws now in force, or under this constitution.
SEC. 7. The members of the senate and house of representatives of Senators and the legislature of one thousand eight hundred and fifty-one shall con- representa- tinue in office under the provisions of law, until superseded by their tives. successors, elected and qualified under this constitution.
8
58
CONSTITUTION OF MICHIGAN.
SCHEDULE.
County officers to hold over. SEC. 8. All county officers, unless removed by competent author- ity, shall continue to hold their respective offices until the first day of January, in the year one thousand eight hundred and fifty-three. The laws now in force as to the election, qualification and duties of township officers, shall continue in force until the legislature shall, in conformity to the provisions of this constitution, provide for the holding of elections to fill such offices, and prescribe the duties of such officers, respectively.
Terms of cer- tain officers.
SEC. 9. On the first day of January, in the year one thousand eight hundred and fifty-two, the terms of office of the judges of the supreme court, under existing laws, and of the judges of the county courts, and of the clerks of the supreme court, shall expire, on the said day.
Jurisdiction of suits.
SEC. 10. On the, first day of January, in the year one thousand eight hundred and fifty-two, the jurisdiction of all suits and proceed- ings then pending in the present supreme court shall become vested in the supreme court established by this constitution, and shall be finally adjudicated by the court where the same may be pending. The jurisdiction of all suits and proceedings at law and equity, then pending in the circuit courts and county courts for the several coun- ties, shall become vested in the circuit courts of the said counties and district court for the upper peninsula.
Jurisdiction of probate courts.
SEC. 11. The probate courts, and courts of justices of the peace, and the police court, authorized by an act entitled "An act to establish a . police court in the city of Detroit, approved April second, one thou- sand eight hundred and fifty," shall continue to exercise the juris- diction and powers now conferred upon them, respectively, until otherwise provided by law.
Allor v. Wayne County Auditors, 43 Mich. 101.
State printer.
SEC. 12. The office of state printer shall be vested in the present incumbent until the expiration of the term for which he was elected under the law then in force; and all the provisions of the said Jaw re- lating to his duties, rights, privileges and compensation shall remain unimpaired and inviolate until the expiration of his said term of office.
Ayres v. Board of State Auditors, 42 Mich. 423.
Duty of legis- SEC. 13. It shall be the duty of the legislature, at their first session, lature of 1851. to adapt the present laws to the provisions of this constitution as far as may be.
People v. May, 3 Mich. 598; Ayers v. State Auditors, 42 Mich. 431.
Duty of attor- ney general.
SEC. 14. The attorney general of the state is required to prepare and report to the legislature at the commencement of the next session such changes and modifications in existing laws as may be deemed necessary to adapt the same to this constitution, and as may be best calculated to carry into effect its provisions, and he shall receive no additional compensation therefor.
Representa- tion of cer- tain territory.
SEC. 15. Any territory attached to any county for judicial purposes, if not otherwise represented, shall be considered as forming part of such county, so far as regards elections for the purpose of representa- tion.
Constitution to be submit- ted to people.
SEC. 16. This constitution shall be submitted to the people for their adoption or rejection at the general election to be held on the first Tuesday of November, one thousand eight hundred and fifty; and there shall also be submitted for adoption or rejection at the same time the separate resolution in relation to the elective franchise; and it shall be the duty of the secretary of state and all other officers,
59
SCHEDULE.
CONSTITUTION OF MICHIGAN.
required to give or publish any notice in regard to the said general election, to give notice, as provided by law in case of an election of governor, that this constitution has been duly submitted to the elect- ors at said election. Every newspaper within this state publishing ill the month of September next this constitution as submitted shall receive as compensation therefor, the sum of twenty-five dollars to be paid as the legislature shall direct.
SEC. 17. Any person entitled to vote for members of the legislature, Qualification by the constitution and laws now in force, shall at the said election be of electors. entitled to vote for the adoption or rejection of this constitution, and for or against the resolution separately submitted, at the places and in the manner provided by law for the election of members of the legislature.
SEC. 18. At the said general election a ballot box shall be kept by Ballot hos. the several boards of inspectors thereof for receiving the votes cast for or against the adoption of this constitution; and on the ballots shall be written or printed, or partly written and partly printed, the words "Adoption of the Constitution-Yes," or "Adoption of the Con- stitution-No."
SEC. 19. The canvass of the votes cast for the adoption or rejection Canvass. of this constitution, and the provision in relation to the elective fran- chise separately submitted, and the returns thereof shall be made by the proper canvassing officers, in the same manner as now provided by law for the canvass and return of the votes cast at an election for governor, as near as may be, and the return thereof shall be directed to the secretary of state. On the sixteenth day of December next, or within five days thereafter, the auditor general, state treasurer, and secretary of state shall meet at the capitol, and proceed, in presence of the governor, to examine and canvass the returns of the said votes, and proclamation shall forthwith be made by the governor of the result thereof. If it shall appear that a majority of the votes cast upon the question have thereon "Adoption of the Constitution-Yes," this constitution shall be the supreme law of the state from and after the first day of January, one thousand eight hundred and fifty-one, except as is herein otherwise provided; but if a majority of the votes cast upon the question have thereon "Adoption of the Constitution- No," the same shall be null and void. And in case of the adoption of this constitution, said officers shall immediately, 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 provide 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 sev- eral 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 thereafter as practicable.
SEC. 20. The salaries or compensation of all persons holding office Salaries. 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 here-
60
CONSTITUTION OF MICHIGAN.
SCHEDULE.
after 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.
Expenditures of convention.
SEC. 21. The legislature at their first session shall provide for the payment of all expenditures of the convention to revise the con- stitution and of the publication of the same as is provided in this article.
Representative districts.
SEC. 22. Every county except Mackinac and Chippewa entitled to a representative in the legislature, at the time of the adoption of this constitution, shall continue to be so 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 territory that may be attached, one representative; the county of Sanilac, and the territory that may be attached, one representative; the counties of Midland and Arenac, with the territory that may be attached, one representative; the county of Montcalm, with the terri- tory that may be attached thereto, one representative; and the coun- ties of Newaygo and Oceana, with the territory that may be attached thereto, one representative; each county having a ratio of representa- tion, 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.
Cases pending in chancery.
SEC. 23. The cases pending and undisposed of in the late court of chancery, at the time of the adoption of this constitution, shall con- tinue 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 undisposed of on the first day of January, one thou- · sand 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 governor and lieuten- ant governor. Upper pen- insula. District judge and district attorney.
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 " Upper Peninsula," shall be attached to and constitute a part of the third cir- cuit for the election of a regent of the university.
SEC. 26. The legislature shall have authority after the expiration of the term of office of the district judge first elected for the " Upper Peninsula," to abolish said office of district judge and district attor- ney or either of them.
Legislature of 1851, its duties.
SEC. 27. The legislature shall, at its session of one thousand eight hundred and fifty-one, apportion the representatives among the sev- eral 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 cir- cuits, 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, Len- awee and Hillsdale shall constitute the first circuit; the counties of Branch, St. Joseph, Cass and Berrien shall constitute the second cir- cuit; 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
.
61
SCHEDULE.
CONSTITUTION OF MICHIGAN.
· 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 constitute 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 ... 4 20
To embrace but one object. 20 1
6
2
ADJOURNMENT, less than quorum may adjourn from day to day ..
1
6
Neither house to adjourn for more than three days, except, etc 4
12
Final, of session, hour of 4
32
Time of, how fixed. 4
33
AGRICULTURAL IMPROVEMENTS, to be promoted. 13
18
11 12
AGRICULTURAL LANDS, for what time may be leased.
13
11
Salt spring lands, etc., to be applied to.
13
11
May be branch of university.
13
11 11
ALIENS, rights respecting property
18
To constitution, how made.
20
Corporation laws may be amended. Of corporation charters, notice of ..
15
ANNUAL TAX, for state expenditures, etc ..
14
1
APPOINTMENT, CIVIL, members of the legislature not to receive.
4
18
APPROPRIATIONS, of money or property, what vote required for.
4
ARMS, right of people to bear. 18
4
ATTAINDER, no bill of, to be passed. 4
43 1 2
Salary of.
9
1
To keep office at seat of government.
8
1 1
Vacancy in office, how filled.
8
3
Governor to remove, when.
12
8
When governor to appoint successor.
12
8
AUDITOR GENERAL, when elected, term of office, duties to be prescribed by law. .
8
1
Term to commence, when.
8
2
To keep office at seat of government.
8
How vacancy in office of, filled ..
8
When governor to remove.
12
8
When governor to appoint successor.
12
8
BAIL, when not to be allowed.
6
29
Excessive, not to be required.
6
31
BALLOT, elections to be by, except when ..
2
BANKS-BANKING ASSOCIATIONS, a single bank may be created by legis- lature
15
1
Liability of stockholders.
15
3
Bills of, to be registered, when ... 15
4
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
2
13
AMENDMENTS, of laws, how made.
1
13 25 1 1 16
ARREST, when members of legislature exempt from. Electors, privileged from, when.
7
45 7 7 3
ATTORNEY GENERAL, when elected, term of office. When term of, to commence.
8
To perform duties prescribed by law.
15
ACQUITTAL ON MERITS, no trial after
AGRICULTURAL SCHOOL, to be provided for.
May be placed under supervision of regents
1 3
63
INDEX.
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
4
14
4
14
When may be signed and filed in five days after close of session.
4
14
Appropriating money and property for private or local purposes re- quire two-thirds vote. 1
45
BINDING, of books, etc., to be let by contract, etc.
4
22
BOARD OF STATE AUDITORS, how constituted.
8
4
BOARD OF EDUCATION, election of members, terms of office.
13
9
Superintendent of public instruction, member of .. 13
9
To have supervision of normal school .. 13
9
When decision of, contested, legislature to decide.
8
5
BOARD OF REGENTS. See Regents of University.
10
9
Cities to be represented in.
10
L-
What powers may be conferred on.
1
38
May organize townships. 10
11
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 1×
4
Allowances by, not subject to appeal ...
10
10
BOUNDARIES of the State of Michigan. ..
1
1
Board of supervisors may provide for constructing. Over navigable streams, how authorized ..
18
4
CENSUS, when to be taken ..
1
4
CHAPLAIN, may be employed in state prison.
4
CIRCUIT COURTS, courts of record, seal, etc.
6
15
Jurisdiction of .
G
8
To be held in each county, when, etc.
G
11
County clerk to be clerk of.
12
Practice in, to be regulated by supreme court ..
G
5
CIRCUIT COURT COMMISSIONERS, authorized, powers of, etc.
G
16
First and subsequent elections, when to be.
6
20
Election of, in new circuits
G
-1
Eligible to no other office.
6
9
Terin of office of.
6
6
In new circuits.
6
L-
6
14
Salary of.
.'Art. 9, Sec. 1 6
9
May fill vacancies in office of county clerk and prosecuting attorney Can make no other appointments.
G
10
To be conservators of the peace.
6
19
Not to be removed by alteration of circuits.
G
Removal from circuit vacates office
G
Vacancy to be filled by governor.
16
14
To be represented in board of supervisors.
10
-1
Incorporation of, to be provided for
15
13
What powers must be conferred on1.
4
38
Power of taxation and of borrowing money to be restricted.
1.5
13
Election of judicial officers of ....
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
1G
4
8
4
BOARD OF EQUALIZATION, powers, duties of ..
14
13
BOARD OF SUPERVISORS, how constituted.
10
9
Powers to be prescribed by law.
10
6
Removal of county seat by. 10
8
To fix compensation and adjust claims against counties 10
10
When to divide counties into representative districts.
4
3
BRIDGES, board of supervisors may raise money for ...
10
10
11
BOARD OF AUDITORS of Wayne county, powers of
8
4
BOARD OF STATE CANVASSERS, board of state auditors to be .. To canvass returns for governor and other state officers, etc
4
14
If vetoed to be reconsidered. Proceedings on reconsideration of. Two-thirds required to pass.
Of attainder, not to be passed. 4
43
To adjust claims against state.
G
10
CITIES, when may be organized into counties.
10
CIRCUIT JUDGES, to be elected in each circuit ..
9
When appointed or elected to fill vacancy.
64
CONSTITUTION OF MICHIGAN.
ART. SEC.
('IVIL APPOINTMENTS, members of the legislature not to receive.
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 ac- count of religious belief .. 4
41
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
4
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 ..
4 30
COMMANDER-IN-CHIEF, governor is, of military and naval forces. 5 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
1 1
Term to commence, when.
8
2
To keep office at seat of government.
8
1
Vacancy in office of, how filled.
3
To be member of board of state auditors.
8
4
To be member of board of state canvassers.
8
4
When governor to remove. .
12
OC
When governor to appoint successor ..
12
8
COMMON LAW, retained ..
Sched. 1
COMPENSATION for publishing laws in newspapers
1
37
Of members of the legislature ..
4 15
4
15
Of president of senate and speaker of house
4
15 17 29 17
Of president pro tem. of senate when acting as governor.
5
17 10
Extra, not allowed to officers and contractors. 1
To be paid by counties, how fixed. 10
6
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
43 18
Members of legislature not to be interested in certain.
4
Extra compensation not to be allowed on certain.
4
21
State officers and members not to be interested in, when. For fuel, stationery, printing, binding, etc.
22 2
Not to be altered, rescinded or released.
22
CONVEYANCES of land, not to be authorized by special law.
4
21
CONVENTION to revise constitution, when may be called, etc CORPORATIONS, term defined.
15
May sue and be sued ..
15
A single bank, etc., may be created.
15
1
Terms of existence of.
15 10
Real estate may be held by, for what time ..
15
Acts of incorporation passed prior to constitution, how amended. Not to be renewed or extended, when . 15
10
1
Suits, by and against, in name of
10 10
2
When cities may be organized into.
10
Not liable for acts of sheriff.
10
Compensation for services for, and claims against ..
10
When may be divided in forming senate districts.
4
2
When entitled to a representative in the legislature
22
COUNTY CLERK, to be clerk of circuit court. 6
12
COUNTY OFFICERS, list of, when elected, etc. Terms of office of ..
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
20
3 11 11
To be formed under general laws, except for municipal purposes.
15
1
15 12 16 8
Alteration of charter, notice to be given, etc.
15
8
COUNTIES, are bodies corporate, organization, powers of, etc.
3
Territorial extent of.
2 5 10
When to be divided into representative districts. 4
2
10
3
At extra session .. From the upper peninsula
1
In contested election cases ...
1
Of lieutenant governor, when acting as governor ....
5
CONCILIATION, courts of, may be established.
10 23
CONTRACTS, obligation of, not to be impaired.
4
4
40
8
9
ATORY
-
BOTANICAL LABORNIORY
LABOR WORKY
AGRICULTURAL COLLEGE, LANSING.
65
INDEX.
ART. SEC.
COUNTY SEAT, removal of, proceedings for.
10 8
COURTS, judicial power vested in ..
6
1
Municipal courts may be established. 6 1
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 14
CRIMINAL PROSECUTIONS, right of the accused in.
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
4
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
Rearrangement of senate districts.
4
4
4
3
DIVORCE, not to be granted by legislature.
4
26
DUE PROCESS OF LAW, no one to be deprived of life, liberty or property withont ..
6
32
DUELING, disqualifies for office and voting.
7
8
EDUCATIONAL FUND, interest on application of specific taxes to pay 14
1
Interest of, how applied.
13
2
From what school districts withheld. 13
5
ELECTION, of senator and representatives, when held, etc. Of governor and lieutenant governor, when.
5
3
Of state officers, etc
8
ELECTIONS, who competent to vote at.
-1
1
What votes to be given by ballot ..
L-
6)
In upper peninsula, time of and canvass ..
19
6
Laws to preserve purity of, may be enacted.
6
In legislature, votes to be viva voce.
4
11
ELECTORS, qualifications, residence, age of ..
1
Absent in army, not to be deprived of vote.
1
Dueling disqualifies .. .
3
From attendance as witnesses, when.
.
Residence not acquired or lost, how.
7
ELECTIVE FRANCHISE, abuse of, to be guarded against ..
13
ESCHEATED LANDS, applications of proceeds and income of.
13
3
EXECUTIVE POWER, Vested in governor.
5
1
16
To family of deceased.
16
3
To widow
16
Of property to females.
16
5
Of members of legislature from arrest, when ..
3
From attendance as witness, when.
4
Ex POST FACTO LAWS not to be passed .. .
4
13
EXPULSION, of members of legislature, may be made by either house.
1
9
But not a second time for the same cause ..
4
EXTRA COMPENSATION not to be allowed to officers and contractors
4
:1
EXTRA SESSION of the legislature, may be called by the governor. What subjects may be legislated on at.
1
15
Compensation of members, for what time.
4
15
FEES, when prohibited.
1
FEMALES, rights of property and power of disposition of, etc. 16
5
Property of, not liable for debts of husband. 16
5
FINES, excessive, not to be imposed .. 6
31
For breaches of penal laws, applied to support of libraries 13
4
1
Of religious belief and worship not to be interfered with 4
FUEL, STATIONERY, for State, contracts for, to be let, etc.
9
/
4 4 5
Of soldiers, seamen and marines.
7 6
ENGLISH LANGUAGE, instruction in primary schools to be given in. Laws, records, and judicial proceedings to be in .. 18
6
EXEMPTIONS, of personal property from execution. Of homesteads to owner.
16
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