USA > Michigan > Official directory and legislative manual of the State of Michigan for the years 1893-4 > Part 5
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SEC. 4. Four terms of the Supreme Court shall be held annually, Terms. at such times and places as may be designated by law.
SEC. 5. The Supreme Court shall by general rules establish, Rules, etc. modify, and amend the practice in such court and in the circuit courts, and simplify the same. The Legislature shall, as far as practicable, abolish distinctions between law and equity proceed- ings. The office of master in chancery is prohibited.
State Tax Law Cases, 54 Mich., 372; Brown v. Circuit Judge, 75 Mich., 289. prohibited.
Master in chancery
*SEC. 6. The State shall be divided into judicial circuits, in each Judicial of which the electors thereof shall elect one Circuit Judge, who circuits. shall hold his office for the term of six years, and until his succes- sor is elected and qualified. The Legislature may provide for the election of more than one Circuit Judge in the judicial circuit in which the City of Detroit is or may be situated, and in the judicial circuit in which the county of Saginaw is or may be situated, and in the judicial circuit in which the county of Kent is or may be situated. And the circuit judge or judges of said circuits, in addi- tion to the salary provided by this constitution, shall receive from
*As amended by Joint Resolution No. 11, Public acts of 1881; No. 15, Public Acts of 1883; No. 11, Public Acts of 1887; and No. 1, Public Acts of 1889. Ratified at elections of April, 1881; Nov., 1884; Nov., 1887, and April, 1889.
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CONSTITUTION OF THE
ART. VI.
their respective counties such additional salary as may from time to time be fixed and determined by the Boards of Supervisors of said counties. And the Board of Supervisors of each county in the Upper Peninsula is hereby authorized and empowered to give and pay to the circuit judge of the judicial circuit to which such county is attached such additional salary or compensation as may from time to time be fixed and determined by such Board of Supervisors.
This section, as amended, shall take effect from the time of its adoption.
G. R., N. & L. S. R. R. Co. v. Gray, 38 Mich., 461; Attorney General v. Burch. 84 Mich., 408.
Alteration of circuits, etc.
SEC. 7. The Legislature may alter the limits of circuits, or increase the number of the same. No alteration or increase shall have the effect to remove a judge from office. 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.
Royce v. Goodwin, 22 Mich., 496.
Jurisdiction, etc.
SEC. 8. The circuit court 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, quo warranto, certiorari, and other writs necessary to carry into effect their orders, judgments and decrees, and give them a general control over inferior courts and tribunals within their respective jurisdictions.
Heath v. Kent Circuit Judge, 37 Mich., 372; Allen v. Id., 37 Mich., 474; People v. Hurst, 41 Mich., 328; Strong v. Daniels, 3 Mich., 466; Raymond v. Hinkson, 15 Mich., 143; Inkster v. Carver, 16 Mich., 484; Merrill v. Butler, 18 Mich., 291; Dinnen v. Baxter, 18 Mich., 457; Milroy v. Spur Mt. I. M. Co., 48 Mich., 231: Teller v. Wetherell, 6 Mich., 46; Thompson v. School District, 25 Mich., 483; Taylor v. Judge, 32 Mich .. 95; Mc Bride v. (. C. of Grand Rapids, 32 Mich., 360 ; Atkins v. Borstler. 46 Mich., 553; People v. Mangold, 71 Mich., 335; Eddy v. Township of Lee, 37 Mich., 128; People v. Dane, 79 Mich., 361; Morton v. Railroad Company, 81 Mich., 437; Sullivan v. Haug, 82 Mich., 548.
SEC. 9. Each of the judges of the circuit court 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 Legis- lature or the people, shall be void.
Salary of judges, etc.
45
STATE OF MICHIGAN.
ART. VI.
SEC. 10. The Supreme Court may appoint a reporter of its decis- Reporter. ions. The decisions of the Supreme Court shall be in writing, and etc. Decisions, signed by the judges concurring therein. Any judge dissenting therefrom, shall give the reasons for 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 May fill cer- of county clerk and of prosecuting attorney; but no judge of the cies. tain vacan- Supreme Court, or circuit court, shall exercise any other power of appointment to public office.
Matter of Head Notes, 43 Mich., 642.
SEC. 11. A circuit court shall be held at least twice in each year Terms of in every county organized for judicial purposes, and four times in court. each year in counties containing ten thousand inhabitants. Judges Judges may of the circuit court may hold courts for each other, and shall do so for each hold court when required by law. other.
Royce v. Goodwin, 22 Mich., 496.
*SEC. 12. The clerk of each county organized for judicial pur- Clerk of cir- poses shall be the clerk of the circuit court of such county. The cuit courts. Supreme Court shall have power to appoint a clerk for such Supreme Court.
SEC. 13. In each of the counties organized for judicial purposes Courts of there shall be a court of probate. The judge of such court shall probate. 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 court Jurisdiction, shall be prescribed by law. etc,
Royce v. Goodwin, 22 Mich., 496.
SEC. 14. When a vacancy occurs in the office of Judge of the Vacancies, Supreme, circuit or 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.
Kelley v. Edwards, 38 Mich., 210; People v. Lord, 9 Mich., 227; Attorney General v. Burch, 84 Mich., 408; Adsit v. Osmun, 84 Mich., 420; Attorney General v. Trombly, 89 Mich., 50.
SEC. 15. The Supreme Court, the circuit and probate courts of Courts of each county shall be courts of record, and shall each have a com- record. mon seal.
*As amended by Joint Resolution No. 5, laws of 1881, p. 408. Ratified, election April, 1881. See proposed amendment, Joint Resolution No. 30, laws of 1877, p. 299.
how filled.
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CONSTITUTION OF THE
ART. VI.
Circuit court commission- ers,
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.
McClintock v. Laing, 19 Mich., 300; Burger's case, 39 Mich., 203; People v. Daniels, 6 Mich., 381; Streeter v. Paton, 7 Mich., 341 ; Edgarton v. Hinchman, 7 Mich., 352; Boinay v. Coats, 17 Mich., 411; Rowe v. Rowe, 28 Mich., 353; DeMyer v. McGonegal. 32 Mich., 120; Buddington's case, 29 Mich., 472; Case v. Dean, 16 Mich., 12; Waldby v. Callendar, 8 Mich., 430; Chandler v. Nash., 5 Mich., 409; Watson v. Randall, 44 Mich., 514.
Justices of the peace, etc. SEC. 17. There shall be not exceeding four justices of the peace how elected, in each organized township. They shall be elected by the electors of the townships, and shall hold their offices for four years and until Classifica- tion of. 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 Justices in cities. of the unexpired term. The Legislature may increase the number of justices in cities.
Thompson v. School District, 25 Mich., 483; Brooks v. Hydorn, 76 Mich., 273.
Civil juris- diction of justices.
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 restric- tions 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.
Criminal jurisdiction.
Strong v. Daniels, 3 Mich., 465; Raymond v. Hinkson, 15 Mich., 113; Ink- ster v. Carver, 16 Mich., 484; Merrill v. Butler, 18 Mich., 294; Dinnen v. Bax- ter, 18 Mich., 457; Henderson v. Desborough, 28 Mich., 170; Milroy v. Spur Mt. I. M. Co., 43 Mich., 231; Root v. Mayor, 3 Mich., 433; Allor v. Wayne County Auditors, 43 Mich., 100; Gurney v. Mayor, 11 Mich., 202; Goodsell v. Leonard, 23 Mich., 374.
Conserva- tors of the peace.
SEC. 19. Judges of the Supreme Court, circuit judges and jus- tices of the peace shall be conservators of the peace within their respective jurisdictions.
Daniels v. People, 6 Mich., 381; Allor v. Wayne County Auditors, 43 Mich., 100; Averill v. Perrott, 74 Mich., 296.
Election of circuit judges.
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, provisions shall be made to hold the subsequent election of such additional judge at the regular elections herein provided.
Attorney General v. Burch, 84 Mich., 408.
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STATE OF MICHIGAN.
ART. VI.
SEC. 21. The first election of judges of the probate courts shall be Election of held on the Tuesday succeeding the first Monday in November, one probate.
judges of thousand eight hundred and fifty-two, and every fourth year thereafter.
SEC. 22. Whenever a judge shall remove beyond the limits of the What jurisdiction for which he was elected, or a justice of the peace from vacancy. deemed the township in which he was elected, or by a change in the bounda- ries of such township shall be placed without the same, they shall be deemed to have vacated their respective offices.
Royce v. Goodwin, 22 Mich., 496; Berry v. Geddes, 3 Mich., 70; Faulks v. People, 39 Mich., 200.
SEC. 23. The Legislature may establish courts of conciliation Courts of with such powers and duties as shall be prescribed by law. concilia- tion.
Chandler v. Nash, 5 Mich., 409.
SEC. 24. Any suitor in any Court of this State shall have the Suitors may appear by right to prosecute or defend his suit, either in his own proper per- attorney or son, or by an attorney or agent of his choice. in person ..
Cobb v. Judge of Superior Court, 43 Mich., 289.
SEC. 25. In all prosecutions for libels the truth may be given Libels; in evidence to the jury; and if it shall appear to the jury that the be given in, truth may matter charged as libelous is true, and was published with good evidence. motives and for justifiable ends, the party shall be acquitted. The Right of jury shall have the right to determine the law and the fact. jury.
Maclean v. Scripps, 52 Mich., 221; Park v. Free Press Co., 72 Mich., 560.
SEC. 26. The person, houses, papers, and possessions of every security of person shall be secure from unreasonable searches and seizures. erty, etc. person, prop- No warrant to search any place or to seize any person or things Search war- shall issue without describing them, nor without probable cause. rants. supported by oath or affirmation.
Weimer v. Bunbury, 30 Mich., 201; Brown v. Kelley, 20 Mich., 27; People v. Lynch, 29 Mich., 274; Hackett v. Judge, 36 Mich., 334; Allor v. Wayne Co. Auditors, 43 Mich., 76; DeLong v. Briggs, 47 Mich., 624; People v. Moore, 62: Mich., 496; Robinson v. Haug and Miner, 68 Mich., 549; Robison v. Haug, 71 Mich., 38 (saloon screens); Grand Rapids v. Powers, 89 Mich .. 94.
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 trial by the parties in such manner as shall be prescribed by law. jury.
Right or
Swart v. Kimball, 43 Mich., 448; Tabor v. Cook, 15 Mich., 322; Paul v. Detroit, 32 Mich., 108; O'Flynn v. Holmes, 8 Mich., 95; Van Sickle v. Kel- logg, 19 Mich .. 49; McGraw v. Sturgeon, 29 Mich., 426; Hill v. People, 16 Mich., 351; Odell v. Reynolds, 40 Mich., 21; Mabley v. Judge, etc., 41 Mich., 31; Peo- ple v. Smith, 9 Mich., 198; Ward v. People, 30 Mich., 116; People v. Harding, 53 Mich., 48 and 484; State Tax Law Cases, 54 Mich., 372; Pt. Huron & N. W. R. R. v. Callanan, 61 Mich., 14; Hewitt v. Circuit Judge, 71 Mich., 287; Peo- ple v. Peterson, July 28, 1892, 52 N. W. R., 1039.
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CONSTITUTION OF THE
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Accused to have speedy trial, etc.
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 defense.
Slaughter v. People, 2 Doug., 334 ; Johnson v. Maxon, 23 Mich., 129; Hill v. People, 16 Mich., 351; Parsons v. Russell, 11 Mich., 113; Holt v. People, 13 Mich., 224 ; Stephens v. People, 38 Mich., 739; Hibbard v. People, 4 Mich., 125; Brown v. People, 29 Mich., 232; People v. Olmstead, 30 Mich., 431 ; Peo- ple v. Jones. 24 Mich., 215; People v. Sligh, 48 Mich., 55; Thomas Fowler's case, 49 Mich., 235; People v. Murray, 52 Mich., 295; People v. Luby, 56 Mich., 551; People v. Barker, 60 Mich., 277; People v. Shufelt, 61 Mich., 237; People v. Moore, 62 Mich., 496: People v. Dow, 64 Mich .. 717; People v. Murray, 89 Mich., 276; People v. Peterson, July 28, 1892, 52 N. W. R., 1039.
No trial after acquittal upon merits.
SEC. 29. No person, after acquittal upon the merits, shall be tried for the same offense. All persons shall before conviction, be bail- able by sufficient sureties, except for murder and treason, when the proof is evident or the presumption great.
People v. Harding, 53 Mich., 484; Northville v. Westfall, 75 Mich., 603; People v. Parrow, 80 Mich., 567.
Treason.
Conviction of.
SEC. 30. Treason against the State shall consist only in levying war against, or in adhering to its enemies, giving them aid and com- fort. 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.
Bail, etc.
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.
People v. Moore, 62 Mich., 496; Frazee's Case, 63 Mich., 396; Leeton v. Circuit Judge, 69 Mich., 610; Robison v. Haug and Miner, 68 Mich., 549; People v. Morris, 80 Mich., 634.
Testimony of person against him- self.
SEC. 32. No person shall be compelled in any criminal case to be a witness against himself, nor to be deprived of life, liberty or property, without due process of law.
Sears v. Cottrell, 5 Mich., 251; Parsons v. Russell, 11 Mich., 113; Weimer v. Bunbury, 30 Mich., 201; Power's Appeal, 29 Mich., 510; Hibbard v. Peo- ple, 4 Mich., 125; Brooks v. McIntyre. 4 Mich., 316 ; Ames v. P. H. L. D. & B. Co., 11 Mich., 139; Lang v. People, 14 Mich., 439; Groesbeck v. Seeley, 13 Mich., 329; Case v. Dean, 16 Mich., 12; Hart v. Henderson, 17 Mich., 218; People v. Salem, 20 Mich., 452; People v. Lynch, 29 Mich., 274; Trombley v. Humphrey, 23 Mich., 471; Quinn v. Heisel, 40 Mich., 576: Way's Case, 41 Mich., 299; Detroit v. D. & H. P. R. Co., 43 Mich., 143; Allor v. Wayne C'o. Auditors, 43 Mich., 76; Frank Cannon's Case, 47 Mich., 482 ; People v. Moore, 62 Mich., 496; Kuhn v. Common Council, 70 Mich., 534; Hartford Ins. Co. v. Raymond, 70 Mich., 485; Whitney v. Township Board, 71 Mich., 234; Spry Lumber Co. v. Trust Co., 77 Mich., 199.
Imprison- ment for debt.
SEC. 33. No person shall be imprisoned for debt arising out of or founded upon a contract, express or implied, except in cases of fraud
ART. VII.
STATE OF MICHIGAN.
49
or breach of trust, or of moneys collected by public officers, or in any professional employment. No person shall be imprisoned for Militia fines. a militia fine in time of peace.
Chappee v. Thomas, 5 Mich., 53; People v. McAllister, 19 Mich., 215; Stephenson's Case, 32 Mich., 60; Steller v. Steller, 25 Mich., 159; Tyson's Case, 32 Mich., 262; Fuller v. Bowker, 11 Mich., 204; Sheahan's Case, 25 Mich., 145; Bromley v. People, 7 Mich., 472.
SEC. 34. No person shall be rendered incompetent to be a wit- Competency ness on account of his opinions on matters of religious belief.
People v. Jenness, 5 Mich., 305.
SEC. 35. The style of all process shall be: "In the name of Style of
of witnesses.
the People of the State of Michigan." process.
Tweed v. Metcalf, 4 Mich., 579; Wisner v. Davenport, 5 Mich., 501.
ARTICLE VII.
* SECTION 1. In all elections, every male citizen, every male inhab- Qualifica- itant residing in the State on the 24th day of June, one thousand tion of electors. eight hundred and thirty-five; every male inhabitant residing in the 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 elec- tion: Provided, That in time of war, insurrection, or rebellion, no Proviso. qualified elector in the actual military service of the United States, or of this State, in the army or navy thereof, shall be deprived of his vote by reason of his absence from the township, ward, or State in which he resides, and the Legislature shall have the power, and shall provide the manner in which, and the time and place at which, such absent electors may vote, and for the canvass and return of
* As amended by Joint Resolution No. 26, Laws of 1865, p. 794; ratified, election of 1866. and also as amended by Joint Resolution No. 42, Laws of 1869, p. 425 : ratified, election of 1870.
7
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CONSTITUTION OF THE
ART. VIII.
their votes to the township or ward election district in which they respectively reside, or otherwise.
People v. Blodget, 13 Mich., 127; People v. Maynard, 15 Mich., 463; Allor v. Wayne Co. Auditors, 43 Mich., 102; Hedgman v. Board of Registration, 26. Mich., 51; Attorney General v. Detroit Common Council, 58 Mich., 222; Common Council v. Rush, 82 Mich., 532.
Votes to be by ballot.
SEC. 2. All votes shall be given by ballot, except for such town - ship officers as may be authorized by law to be otherwise chosen.
People v. Hurlbut, 24 Mich., 44; People v. Cicott, 16 Mich., 283; Common Council v. Rush, 82 Mich., 532.
Privilege from arrest.
SEC. 3. Every elector, in all cases, except treason, felony, or breach of the peace, shall be privileged from arrest during his attendance at election, and in going to and returning from the same.
From mili- tary duty.
SEC. 4. No elector shall be obliged to do military duty on the day of election, except in time of war or public danger; or attend court as a suitor or witness.
Residence of electors.
SEC. 5. No elector shall be deemed to have gained or lost a resi- dence, 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.
Warren v. Board of Registration, 72 Mich., 401.
Purity of elections.
SEC. 6. Laws may be passed to preserve the purity of elections, and guard against the abuses of the elective franchise.
People v. Kopplekom, 16 Mich., 342; Attorney General v. Detroit, 78 Mich., 545; Common Council v. Rush, 82 Mich., 532.
Soldiers, etc., not residents.
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 conse- quence of being stationed in any military or naval place within the same.
Warren v. Board of Registration, 72 Mich., 401.
Disqualifica- tion for duel- ing.
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 the Constitution and laws of this State, and shall not be permitted to vote at any election.
ARTICLE VIII.
Elective State officers.
SECTION 1. There shall be elected at each general biennial elec- tion. a Secretary of State, a Superintendent of Public Instruction,
51
ART. IX. STATE OF MICHIGAN.
State Treasurer, a Commissioner of the Land Office, an Auditor General, and an Attorney General for the term of two years. Where to They shall keep their office at the seat of Government, and shall keep their offices. perform such duties as may be prescribed by law.
Ballou v. O'Brien, 20 Mich., 304.
SEC. 2. Their term of office shall commence on the first day of Term of January, one thousand eight hundred and fifty-three, and of every office. second year thereafter.
SEC. 3. Whenever a vacancy shall occur in any of the State Vacancy, offices, the Governor shall fill the same by appointment, by and how filled. with the advice and consent of the Senate, if in session.
Board of State Audit- ors.
SEC. 4. The Secretary of State, State Treasurer, and Commis- sioner of the State Land Office shall constitute a Board of State Auditors, to examine and adjust all claims against the State. not otherwise provided for by the general law. They shall constitute To be State a board of State Canvassers, to determine the result of all elections canvassers. for Governor, Lieutenant Governor, and State officers, and of such other officers as shall by law be referred to them.
Ayers v. State Auditors, 42 Mich., 422; Dewey v. Board of Auditors, 32 ' Mich., 191; Ambler v. Auditor General, 38 Mich., 746; Auditor General v. Pullman P. C. Co., 34 Mich., 59; People v. Cicott, 16 Mich., 283; Royce v. Goodwin, 22 Mich., 496; Locke v. Speed, 62 Mich., 408; Auditor General v. Treasurer, 73 Mich., 31; Smith v. Auditor General, 80 Mich., 205.
SEC. 5. In case two or more persons have an equal and the In case of a 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 determi- nation of the Board of State Canvassers is contested, the Legislature in joint convention shall decide which person is elected.
People v. Cicott, 16 Mich., 301.
ARTICLE IX.
*SECTION 1. The Governor shall receive an annual salary of four thousand dollars; the judges of the circuit court shall each receive an annual salary of two thousand five hundred dollars; the Attorney General shall receive an annual salary of two thousand five hun- dred dollars; the Secretary of State shall receive an annual salary of eight hundred dollars; the State Treasurer shall receive an annual
tie, Legisla- ture to make choice.
Salaries.
* As amended by Joint Resolution No. 28, 1831, p. 442, No. 2, 1889, and No. 1, 1891. Ratified at elections of 1882, 1889, and April 6, 1891.
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ART. X.
salary of one thousand dollars; the Superintendent of Public Instruction shall receive an annual salary of one thousand dollars; the Commissioner of the Land Office 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 office. It shall not be competent for the Legislature to increase the salaries herein provided.
Wyandotte v. Drennan, 46 Mich., 480.
ARTICLE X.
Counties to be bodies corporate.
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.
People v. Maynard. 15 Mich., 463; People v. Collins, 3 Mich., 415; Johr v. Supervisors, 38 Mich., 532; People v. Carleton, 10 Mich., 250; Attorney General v. Supervisors, 11 Mich., 63; Attorney General v. Marr, 55 Mich., 446.
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