head of the military forces thereof, he shall continue to be Commander-inChief.

SEC. 13. During the vacancy in the office of Governor, if the Lieutenant Governor die, resign, be displaced, suspended, or be incapable of performing the duties of his office, or absent from the State, the president pro tempore of the Senate shall act as Governor until the vacancy be filled or the disability

cease.

SEC. 14. The Lieutenant Governor shall, by virtue of his office, be President of the Senate, and when there is an equal division, he shall give the casting vote. In committee of the whole he may debate all questions.

SEC. 15. No Member of Congress, or any person holding office under the United States, or this State, shall execute the office of Governor, except as specified in this Constitution.

SEC. 16. No person elected Governor or Lieutenant Governor shall receive any office or appointment from the Legislature, or either House thereof, during the time for which he was elected.

SEC. 17. The Lieutenant Governor and President of the Senate pro tempore, when performing the duties of Governor, shall receive the same compensation as the Governor.

SEC. 18. All official acts of the Governor, his approval of the laws excepted, shall be authenticated by the Great Seal of the State, which shall be kept by the Secretary of State.

SEC. 19. All commissions issued to persons holding office under the provisions of this Constitution shall be "In the name and by the authority of the people of the State of Michigan," sealed with the Great Seal of the State, signed by the Governor, and countersigned by the Secretary of State.

SEC. 20. The Governor shall have power to disapprove of any item or items of any bill making appropriations of money, embracing distinct items, and the part or parts approved shall be the law, and the item or items disapproved shall be void, unless re-passed according to the rules and limitations prescribed for the passage of other bills over the executive veto.

ARTICLE VI.

JUDICIAL DEPARTMENT.

SECTION 1. The judicial power is vested in a Supreme Court, in Circuit Courts, Probate Courts, Justices of the Peace, and in such other courts, tribumals and officers as are or shall be established or authorized by law.

SEC. 2. The Supreme Court is continued subject to the provisions of this article. The Legislature shall provide for one additional Judge, so that the Court shall consist of five members, to be chosen by the electors of the State, and for a classification of Judges, so that one shall go out of office every two years. The Judge having the shortest time to serve shall be Chief Justice during the remainder of his term of office. The term of office of a Judge of the Supreme Court shall be ten years. A Judge of the Supreme Court may be assigned to hold a Circuit Court in cases provided by law.

SEC. 3. The Supreme Court shall have a general superintending control over all other courts and tribunals; and also such appellate jurisdiction as shall be provided by law; and to that end may issue writs of error, certiorari, mandamus, precedendo, prohibition, and all other appropriate writs and process. It shall also have original jurisdiction in cases of mandamus, habeas

corpus, proceedings in the nature of quo warranto, and of proceedings by scire facias, to vacate letters patent. Its appellate jurisdiction shall not extend to any civil cases for the recovery of money or property in which the amount or value of the thing in controversy is less than one hundred dollars, exclusive of costs, except upon the allowance of an appeal, writ of error or certiorari by the Judge who tried such case, or by a Judge of the Supreme Court.

SEC. 4. Four terms of the Supreme Court shall be held annually, at such times and places as may be designated by law.

SEC. 5. The Supreme Court shall, by general rules, except as otherwise provided by law, establish, modify, and amend the practice in such court and in all inferior tribunals and simplify the same, and shall appoint its clerks and a Reporter of its decisions. The decisions of the Supreme Court shall be in writing, and signed by the Judges concurring therein. Any Judge dissenting therefrom shall give the reasons of such dissent in writing, under his signature. All such opinions shall be filed in the office of the Clerk of the Supreme Court. The concurring opinion of any three of said Judges shall be a decision. SEJ. 6. The Legislature shall divide the State into seventeen judicial circuits, and it may increase the number of circuits at the expiration of periods of six years. It may re-arrange the circuits or decrease the number of the same at any time; for each of which circuits, so established, the electors thereof shall elect one Circuit Judge, who shall hold his office for the term of six years, and until his successor is elected and qualified. No alteration of any circuit shall have the effect to remove a Judge from office, provided he shall reside in the circuit of which he is Judge. In every additional circuit established, the Judge shall be elected by the electors of such circuit, and his term of .office shall continue as provided in this Constitution for Judges of the Circuit Court. SEC. 7. A Circuit Court shall be held at least twice in each year in every county organized for judicial purposes, and at least three times in each year in counties containing ten thousand inhabitants; and in counties having twenty thousand inhabitants or over, there shall be at least four terms in each year. Judges of the Circuit Court may hold courts for each other, and in other circuits in case of a vacancy, and shall do so when required by law or upon the request of the Governor.

SEC. 8. The Circuit Courts shall have original jurisdiction in all matters civil and criminal, not excepted in this Constitution and [not] prohibited by law, and such appellate jurisdiction from all inferior courts and tribunals as shall be provided by law, and a supervisory control of the same. They shall also have power to issue writs of injunction, habeas corpus, mandamus, quo warranto, certiorari, and other writs necessary to carry into effect their orders, judgments, and decrees, and give them general control over inferior courts and tribunals within their respective jurisdictions, and in other cases provided by law. The appellate jurisdiction of said courts shall not extend to any civil case in which the amount or value of the thing in controversy is less than twenty-five dollars, exclusive of costs, except upon allowance of an appeal or writ of certiorari by a Circuit Court Commissioner or the Judge of the court entitled to exercise such appellate jurisdiction.

SEC. 9. Whenever a Judge shall remove beyond the limits of the jurisdiction for which he was elected or appointed, or a justice of the peace from the township in which he was elected, or by a change in the boundaries of such township, shall be placed without the same, he shall be deemed to have vacated his office.

SEC. 10. When a vacancy occurs in the office of Judge of the 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 during the residue of the unexpired term.

SEC. 11. The clerk of each county organized for judicial purposes shall be Clerk of the Circuit Court of such county. The Judges of the Circuit Courts, within their respective jurisdictions, may fill vacancies in the offices of county clerk and prosecuting attorney.

SEC. 12. During their continuance in office, and for one year thereafter, the Judges of the Supreme and Circuit Courts shall be ineligible to any other than a judicial office.

SEC. 13. In each county organized for judicial purposes there shall be a court of probate. It shall have such probate jurisdiction, powers and duties as shall be prescribed by law. Other jurisdiction, civil and criminal, may also be conferred on courts of probate. Judges of Probate shall hold their offices for a term of four years, and shall be elected by the electors of their respective counties, as shall be provided by law.

SEC. 14. The Supreme, Circuit and Probate Courts shall be courts of record, and shall each have a common seal.

SEC. 15. There shall be not exceeding four justices of the peace in each organized township. They shall be elected by the electors of the townships, and shall hold their offices for four years, and until their successors are elected and qualified. At the first election in any township, they shall be classified as shall be prescribed by law. A justice elected to fill a vacancy shall hold his office for the residue of the unexpired term.

SEC. 16. In civil cases justices of the peace shall have exclusive jurisdiction to the amount of one hundred dollars, and concurrent jurisdiction to the amount of three hundred dollars, which may be increased to five hundred dollars, with such exceptions and restrictions as may be provided by law. They shall also have such criminal jurisdiction, and perform such duties, as shall be prescribed by the Legislature.

SEC. 17. Judges of the Supreme Court, Circuit Judges, and Justices of the Peace, shall be conservators of the peace within their respective jurisdictions. SEC. 18. The style of all process shall be: "In the name of the People of the State of Michigan."

ARTICLE VII.

ELECTIVE FRANCHISE.

SECTION 1. In all elections, every person of the age of twenty-one years who shall have resided in this State three months, and in the township or ward in which he offers to vote ten days next preceding an election, belonging to either of the following classes, shall be an elector and entitled to vote:

First-Every male citizen of the United States;

Second-Every male inhabitant of this State, who shall have resided in the United States two years and six months, and declared his intention to become a citizen of the United States pursuant to the laws thereof, six months preceding an election;

Third-Every male inhabitant residing in this State on the twenty-fourth day of June, one thousand eight hundred and thirty-five.

SEC. 2. In time of war, insurrection or rebellion, the right to vote at such

place, and in such manner as shall be prescribed by law, shall be enjoyed by all persons otherwise entitled thereto, who may be in the actual military or naval service of the United States, or of this State, and their votes shall be made to apply to the township or ward of which they are residents. The Legislature may provide by law for allowing townships to hold their elections in any city wholly or in part within the limits of such townships.

SEC. 3. All elections shall be by ballot, except of such township officers as may be authorized by law to be otherwise chosen.

SEC. 4. Every elector, in all cases except treason, felony, misdemeanor, or breach of the peace, shall be privileged from arrest during his attendance at election, and in going to and returning from the same. No elector shall be obliged to attend court as a suitor or witness on the day of election, or to do military duty thereon except in time of war or public danger.

SEC. 5. No elector shall be deemed to have gained or lost his residence by reason of absence therefrom 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 at any seminary of learning, nor while kept at any alms-house or other asylum at public expense, nor while confined in any public prison.

SEC. 6. Laws may be passed to preserve the purity of elections, and guard against abuses of the elective franchise.

SEC. 7. No soldier, seaman, or marine in the army or navy of the United States, shall be deemed a resident of this State in consequence of being stationed in any place within the same.

SEC. 8. Any inhabitant of this State who may hereafter be engaged in a duel shall be disqualified from holding any office and [from] voting at any election.

ARTICLE VIII.

STATE OFFICERS.

SECTION 1. There shall be elected at each general biennial election in November a Secretary of State, a State Treasurer, a Commissioner of the State Land Office, a Superintendent of Public Instruction, an Auditor General, and an Attorney General, for the term of two years, each of whom shall keep his office at the seat of government, and shall perform such duties as may be prescribed by law. SEC. 2. Their term of office shall commence on the first day of January following their election.

SEC. 3. Whenever a vacancy shall occur in any of the State offices, the Governor shall fill the same by appointment, by and with the advice and consent of the Senate, if in session.

SEC. 4. The Secretary of State, State Treasurer and Commissioner of the State Land Office, shall constitute a Board of State Auditors, to examine and adjust all claims against the State not otherwise provided for by law. They shall also constitute a Board of State Canvassers, to determine the result of all elections for Governor, Lieutenant Governor and State Officers, and of such other officers as shall by law be referred to them.

SEC. 5. In case two or more persons have an equal and the highest number of votes for any office, as canvassed by the Board of State Canvassers, the Legislature, in joint convention, shall choose one of said persons to fill such office. When the determination of the Board of State Canvassers is contested, the Legislature in joint convention shall decide which person is elected.

ARTICLE IX.

SALARIES.

SECTION 1. The Governor shall receive an annual salary of three thousand dollars; the Circuit Judges shall receive an annual salary of two thousand five hundred dollars; the State Treasurer shall receive an annual salary of two thousand five hundred dollars; the Auditor General shall receive an annual salary of two thousand five hundred dollars; the Superintendent of Public Instruction shall receive an annual salary of two thousand dollars; the Secretary of State shall receive an annual salary of two thousand dollars; the Commissioner of the Land Office shall receive an annual salary of two thousand dollars; the Attorney General shall receive an annual salary of two thousand five hundred dollars; they shall receive no fees or perquisites whatever, for the performance of any duties connected with their offices. It shall not be competent for the Legislature to increase or diminish the salaries herein provided. The Auditor General, the Superintendent of Public Instruction, the Secretary of State, the Commissioner of the Land Office, and the Attorney General, shall each reside, during the term of his office, at the seat of government, and shall personally superintend the duties of his office.

ARTICLE X.

MUNICIPAL CORPORATIONS.

SECTION 1. No county, city, township, or other municipal corporation, shall become a stockholder in, or make any loan or gift to, or lend its credit in aid of any person, private corporation or association; nor shall any county, city, township, or other municipality construct or become the owner of any railroad. The provisions of this section shall not prevent such municipalities from aiding enlistments, and in the support of the families of soldiers in time of war; or supporting their poor in such manner as may be provided by law.

COUNTIES.

SEC. 2. Each organized county shall he a body corporate, with such powers and immunities as shall be prescribed by law. All suits and proceedings by or against a county shall be in the name thereof. The power of counties to levy taxes, borrow money, and contract debts, shall be restricted by law.

SEC. 3. The board of supervisors of any county may, by a vote of twothirds of their whole number, borrow or raise by tax a sum not exceeding in - any one year one mill upon the dollar of the assessed valuation thereof, for constructing or repairing public buildings, highways, or bridges: Provided, The indebtedness of a county incurred under this section shall at no time exceed two mills upon a dollar of such assessed valuation, unless authorized by a majority of the electors of the county voting thereon, as shall be provided by law.

SEC. 4. No organized county shall ever be reduced, by the organization of new counties, to less than sixteen townships as surveyed by the United States, unless, in pursuance of law, a majority of electors residing in each county to be affected thereby shall so decide. The Legislature may organize any city into a separate county when it has attained a population of twenty thousand inhabitants, without reference to geographical extent, when a majority of the electors of a county in which such city may be situated, voting thereon, shall be in favor of a separate organization. Nothing herein contained shall be