SECTION 1. Corporations may be SECTION 1. Organizations for the conformed under general laws; but shall struction of railroads, for the purpose not be created by special act, except of banking, insurance, mining, telefor municipal purposes. All laws graphing, transacting business as compassed pursuant to this section, may mon carriers, and religious societies, be altered, amended, or repealed. But shall be incorporated only under genthe Legislature may, by a vote of two-eral laws. No special charter shall be thirds of the members elected to each granted, nor shall the franchises given House, create a single bank with thereby be enlarged without the assent branches.* of two-thirds of the members elect to each House. Every act passed pursuant to this section, may be amended, altered or repealed by a majority vote of the members elect to each House. Sec. 2. [No banking law or law for banking purposes, or amendments thereof,] No general banking law* shall have effect until the same shall, after its passage, be submitted to a vote of the electors of the State, at a general election, and be approved by a majority of the votes cast thereon at such election. י Sec. 3. The officers and stockholders Sec. 2. The stockholders of every of every corporation or association for corporation or association for banking banking purposes, issuing bank notes, purposes, issuing bank notes or paper or paper credits, to circulate as money, credits, to circulate as money, shall shall be individually liable for all debts be individually liable for all debts concontracted during the time of their tracted during the term of their being being officers or stockholders of such stockholders of such corporation or corporation or association, equally and ratably to the extent of their respective shares of stock in any such corporation or association.† Sec. 4. [The Legislature shall provide by law] for all banks organized under general laws; the Legislature shall provide for the registry of all bills or notes issued or put in circulation as money, and shall require security to the full amount of notes and bills so registered, in State or United States stocks, bearing interest, which shall be deposited with the State Treasurer for the redemption of such bills or notes in specie. association, equally and ratably to the extent of their respective shares of stock in any such corporation or association. Sec. 3. The Legislature shall provide for the registry of all bills or notes issued or put in circulation as money, by any bank organized under the laws of this State, and shall require security to the full amount of notes and bills so registered, in interest-bearing stocks of this State, or of the United States, which shall be deposited with the State Treasurer, for the redemption of such bills or notes in lawful money of the United States. Sec. 5. In case of the insolvency of Sec. 4. In case of the insolvency of any bank or banking association, the any bank or banking association, the bill-holders thereof shall be entitled to bill-holders shall be entitled to prefpreference in payment, over all other erence in payment, over all other credcreditors of such bank or association.itors of such bank or association. Sec. 5. The Legislature shall pass no law authorizing or sanctioning the suspension of payments by any corpo ration. [See Art. XVII, Sec. 8.] CONSTITUTION OF 1850. performed for such corporation or Sec. 8. The Legislature shall pass Sec. 9. The property of no person shall be taken by any corporation for public use, without compensation being first made or secured, in such manner as may be prescribed by law. Sec. 10. No corporation, except for municipal purposes, or for the construction of railroads, plank roads, and canals, shall be created for a longer time than thirty years. Sec. 11. The term "corporations," as used in the preceding sections of this article, shall be construed to include all associations and joint stock companies having any of the powers or privileges of corporations not possessed by individuals or partnerships. All corporations shall have the right to sue and be subject to be sued in all courts, in like cases as natural persons. Sec. 12. No corporation shall hold any real estate hereafter acquired for a longer period than ten years, except such real estate as shall be actually occupied by such corporation in the exercise of its franchises. [See Art. XV, Sec. 7.] Sec. 13. The Legislature shall provide for the incorporation and organization of cities and villages, and shall restrict their powers of taxation, borrowing money, contracting debts, and loaning their credit. 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. Sec. 15. Private property shall not be taken for public improvements in cities-and villages without the consent of the owner, unless the compensation therefor shall first be determined by a jury of freeholders, and actually paid or secured in the manner provided by law. CONSTITUTION OF 1867. Sec. 6. The Legislature shall pass no law altering or amending any act of incorporation granted prior to the first day of January, eighteen hundred and fifty-one, without the assent of twothirds of the members elected to each House. No such act shall be renewed or extended. [See Art. XIX, Sec. 4.] Sec. 7. No corporation shall hold any real estate for a longer period than ten years from the time of acquiring the same, unless such real estate shall be actually occupied by such corporation in the exercise of its franchises. No real estate shall hereafter be withheld from market for a longer period than ten years, for the use or benefit of any corporation. Sec. 8. The stockholders in any corporation shall be individually liable for all labor done in behalf of such corporation during the time of their being such stockholders, equally and ratably to the extent of their respective shares in the stock of such corporation. [See Art. XVI, Sec. 1.] [See Art. XVI, Sec. 2.] [See Art. XIX, Sec. 4.] CONSTITUTION OF 1850. Sec. 16. Previous notice of any application for an alteration of the charter of any corporation should be given in such manner as may be prescribed by law. ARTICLE XVI. EXEMPTIONS. SECTION 1. The personal property of every resident of this State, to consist of such property only as shall be designated by law, shall be 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 Constitution. CONSTITUTION OF 1867 ARTICLE XVIII. EXEMPTIONS. SECTION 1. The personal property of every resident of this State, to consist of such property only as shall be designated by law, shall be 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. Sec. 2. Every homestead of not ex- Sec. 2. Every homestead, not exceedceeding forty acres of land, and the ing forty acres of land, and the dwelldwelling house thereon, and the ap-ing house thereon, and the appurtepurtenances to be selected by the nances, to be selected by the owner owner thereof, and not included in any thereof, owned and occupied by any town plat, city or village; or instead resident of this State, not exceeding in thereof, at the option of the owner, value twenty-five hundred dollars, any lot in any city or village, or record- shall be exempt from forced sale for ed town plat, or such parts of lots as the collection of any debt on execushall be equal thereto, and the dwelling tion or other final process of any house thereon, and its appurtenances, court. Such exemption shall not exowned and occupied by any resident tend to any mortgage thereon lawfully of the State, not exceeding in value obtained, but such mortgage or other fifteen hundred dollars, shall be exempt alienation of such land, by the owner from forced sale on execution, or any thereof, if a married man, shall not be other final process from a court, for valid without the signature of the wife any debt contracted after the adoption to the same. of this Constitution. Such exemption shall not extend to any mortgage thereon lawfully obtained, but such mortgage or other alienation of such land by the owner thereof, if a married man, shall not be valid without the signature of the wife to the same. 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 minority of his children. Sec. 3. Any resident of this State, owning and occupying a house on land not his own, and claiming the same as a homestead, shall be entitled as to such house, to the benefits provided in this article, to the same extent as if he were the owner of such land; but such exemption shall not in any way impair or affect the rights of the owner. of said land. Sec. 4. If the owner of a homestead die, or desert his family, leaving a widow, wife or children, such homestead shall be exempt from the payment of his debts so long as the widow shall be without other homestead of Sec. 4. If the owner of a homestead her own, and during the minority of die, leaving a widow, but no children, her children, or while the deserted wife the same shall be exempt, and the shall occupy said homestead. rents and profits thereof shall accrue to her benefit during the time of her widowhood, unless she be the owner of a homestead in her own right. Sec. 5. The real and personal estate Sec. 5. The real and personal estate of every female, acquired before mar- of every woman, acquired before marriage, and all property to which she riage, and the property to which she may afterwards become entitled by may afterwards become entitled, by gift, grant, inheritance or devise, shall gift, grant, inheritance or devise, shall be and remain the estate and property be and remain the estate and property of such female, and shall not be liable of such woman, and shall not be liable for the debts, obligations or engage- for the debts, obligations or engagements of her husband, and may be de- ments of her husband, and may be vised or bequeathed by her as if she devised, bequeathed and alienated by were unmarried. her, as if she were unmarried. CONSTITUTION OF 1835. [See Art. IX, Sec. 1.] [See Art. IX, Sec. 3.] ARTICLE XII. MISCELLANEOUS PROVISIONS. CONSTITUTION OF 1850. ARTICLE XVII. MILITIA. SECTION 1. The militia shall be composed of all able-bodied white male citizens between the ages of eighteen and forty-five years, except such as are exempted by the laws of the United States or 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. Sec. 2. The Legislature shall provide. by law for organizing, equipping and disciplining the militia, in such manner as they shall deem expedient, not incompatible with the laws of the United States. Sec. 3. Officers of the militia shall be elected or appointed, and be commissioned in such manner as may be provided by law. ARTICLE XVIII. MISCELLANEOUS PROVISIONS. SECTION 1. Members of the Legisla CONSTITUTION OF 1867. [See Art. XIII, Sec. 1.1 [See Art. XIII, Sec. 2.] [See Art. XIII, Sec. 3.] ARTICLE XIX. MISCELLANEOUS PROVISIONS. 1. Members of the Legislature, and SECTION 1. Members of the Legislaall officers, executive and judicial, ex- ture, and all officers, executive and ture, and all officers, executive and cept such inferior officers as may by judicial, except such officers as may be judicial, shall, before they enter on law be exempted, shall, before they by law exempted, shall, before they the duties of their respective offices, enter on the duties of their respective enter on the duties of their respective take and subscribe the following oath offices, take and subscribe the follow- offices, take and subscribe the following or affirmation: "I do solemnly swear ing oath or affirmation: "I do solemnly oath or affirmation: "I do solmenly (or affirm) that I will support the swear, (or affirm, as the case may be,) swear (or affirm) that I will support Constitution of the United States, and that I will support the Constitution of the Constitution of the United States, the Constitution of this State, and that the United States, and the Constitution and the Constitution of this State, and I will faithfully discharge the duties of of this State, and that I will faithfully that I will faithfully discharge the the office of -, according to the discharge the duties of the office duties of the office of according best of my ability." of -, according to the best of my to the best of my ability." And no ability." And no other oath, declara- other oath, declaration or test, shall be tion or test shall be required as a qual-required as a qualification for any ification for any office of public trust. office or public trust, 2. The Legislature shall pass no act of incorporation, unless with the assent of at least two-thirds of each House. 3. Internal improvements shall be encouraged by the government of this State; and it shall be the duty of the Legislature, as soon as may be, to make provision by law for ascertaining the proper objects of improvement in relation to roads, canals and navigable waters; and it shall also be their duty to provide by law for an equal, systematic, economical application of the funds which may be appropriated to these objects. Sec. 2. When private property is taken for the use or benefit of the public, the necessity for using such property, and the just compensation to be made therefor, except when to be made by the State, shall be ascertained by a jury of twelve freeholders, residing in the vicinity of such property, or by not less than three commmissioners, [See Art. XIX, Sec.-4.] 5. Divorces shall not be granted by the Legislature; but the Legislature may by law authorize higher courts to grant them, under such restrictions as they may deem expedient. 6. No lottery shall be authorized by this State, nor shall the sale of lottery tickets be allowed. 7. No county now organized by law shall ever be reduced, by the organization of new counties, to less than four hundred square miles. 8. The Governor, Secretary of State, Treasurer, and Auditor General, shall keep their offices at the seat of government. 9. The seat of government for this State shall be at Detroit, or at such other place or places as may be prescribed by law, until the year eighteen hundred and forty-seven, when it shall be permanently located by the Legislature. [See Art. I, Sec. 13.] [See Art. I, Sec. 14.] CONSTITUTION OF 1830. appointed by a court of record, as shall be prescribed by law: Provided, The foregoing provisions shall in no case be construed to apply to the action of commissioners of the highways in the official discharge of their duties as highway commissioners.* Sec. 3. No mechanical trade shall hereafter be taught to convicts in the State prison of this State, except the manufacture of those articles of which the chief supply for home consumption is imported from other States or countries. Sec. 4. No navigable stream in this State shall be either bridged or dammed without authority from the board of supervisors of the proper county, under the provisions of law. No such law shall prejudice the right of individuals to the free navigation of such streams, or preclude the State from the further improvement of the navigation of such streams. [See Art. XIV, Sec. 5.] 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. CONSTITUTION OF 1867. [See Art. XIX, Sec. 5.] [See Art. XI, Secs. 7 and 16.] |