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thereto, and the dwelling-house thereon, and its appurtenances, owned and occupied by any resident of the State, not exceeding in value fifteen hundred dollars, shall be exempt from forced sale on execution or any other final process from a court, for any debt contracted after the adoption 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.

§ 3. The homested 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.

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

Estate of e

§ 5. The real and personal estate of every female, acquired before marriage, and all property to which she may afterwards become males. 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 unmarried.

ARTICLE XVII.

MILITIA.

Of whom

§ 1. The militia shall be composed of all able-bodied white male citizens, between the ages of eighteen and forty-five years, except composed. 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.

§ 2. The Legislature shall provide by law for organizing, equip- Organizat's ping and disciplining the militia, in such manner as they shall deem expedient, not incompatible with the laws of the United States.

§ 3. Officers of the militia shall be elected or appointed, and be commissioned in such manner as may be provided by law.

Offeer; how elected.

Oath.

Private property for public use.

ARTICLE XVIII.

MISCELLANEOUS PROVISIONS.

§ 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 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 qualifification for any office or public trust.

§ 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 commissioners, appointed by a court of record, as shall be prescribed by law. Mechanical § 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.

trades in S. prison.

streams.

§ 4. No navigable stream in this State shall be either abridged or Navigable 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.

Public moneys.

Laws, &c.,

§ 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.

to be in Eng. § 6. The laws, public records, and the written judicial and Legislisa lang age lative proceedings of the State, shall be conducted, promulgated and preserved in the English language.

Righ: to bear arms.

§ 7. Every person has a right to bear arms for the defence of himself and the State.

Military, &c. 8. The military shall, in all cases, and at all times, be in strict

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9. No soldier shall, in time of peace, be quartered in any house Soldiers not without the consent of the owner or occupant, nor in time of war tered in pri except in a manner prescribed by law.

to be quar

vate house.

tition.

§ 10. The people have the right peaceably to assemble together, Right of pe to consult for the common good, to instruct their Representatives, and to petition the Legislature for redress of grievances.

hibited.

§ 11. Neither slavery, nor involuntary servitude, unless for the Slavery propunishment of crime, shall ever be tolerated in this State.

§ 12. No lease or grant hereafter of agricultural land for a longer Leases. period than twelve years, reserving any rent or service of any kind,

shall be valid.

hold proper

Private pro

perty.

§ 13. Aliens who are, or who may hereafter become bona fide resi- Aliens may dents of this State, shall enjoy the same rights in respect to the possess- ty. ion, enjoyment and inheritance of property, as native born citizens. § 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 necessities of the road and the amount of all damage to be sustained by the Private opening thereof, shall be first determined by a jury of freeholders; and such amount, together with the expenses of proceedings, shall be paid by the person or persons to be benefitted.

roads.

laws.

§ 15. No general revision of the laws shall hereafter be made. Revision of When a re-print 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 laws so arranged shall be submitted to two commissioners appointed by the Governor for examination, and if certified by them to be a correct compilation of all general laws in force, shall be printed in such manner as shall be prescribed by law.

ARTICLE XIX.

UPPER PENINSULA.

ninsula.

§ 1. The counties of Mackinac, Chippewa, Delta, Marquette, Upper pe Schoolcraft, Houghton and Ontonagon, and the islands and territory thereunto attached, the islands of Lake Superior, Huron and Michigan, and in Green Bay, and the straits of Mackinac and the River Ste Marie, shall constitute a separate judicial district, and be entited to a district judge and district attorney.

Dist. judge.

Attorney.

Senators &

representatives.

Compensa tion of judge

Election;

when to take

place.

Taxes.

State prison may be re

§ 2. The district judge shall be elected by the electors of 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.

§ 3. The district attorney shall be elected every two years by 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.

§ 4. Such judical district shall be entitled at all times to at least one Senator, and until entitled to more by its population, it shall have three members of the House of Representatives, to be apportioned among the several counties by the Legislature.

§ 5. The Legislature may provide for the payment of the district judge a salary not exceeding one thousand dollars a year, and of the district attorney not exceeding seven hundred dollars a year; and may allow extra compensation to the members of the Legislature from such territory, not exceeding two dollars a day during any session.

§ 6. The elections for all district or county officers, State Senator or Representatives, within the boundaries defined in this article, shall take place on the last Tuesday of September in the respective years in which they may be required. The county canvass shall be held on the first Tuesday in October thereafter, and the district canvass on the last Tuesday of said October.

§ 7. One-half of the taxes received into the treasury from 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 purposes, 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.

§ 8. The Legislature may change the location of the State Prison moved. from Jackson to the Upper Peninsula.

Mining com

panies.

§ 9. The charters of the several mining corporations may be modified by the Legislature, in regard to the term limited for subscribing to stock, and in relation to the quantity of land which a corporation 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..

ARTICLE XX.

AMENDMENT AND REVISION OF THE CONSTITUTION.

§ 1. Any amendment or amendments to this constitution may be Amendment 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 their journals respectively, with the yeas and nays taken thereon; and the same shall be submitted to the electors at the next general election thereafter, and if a majority of the 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.

§ 2. At the general election to be held in the year one thousand eight hundred and sixty-six, and in each sixteenth year thereafter, and also at such other time as the Legislature may by law provide, the question of a general revision of the constitution shall be submitted to the electors qualified to vote for members of the Legislature; and in case a majority of the electors so qualified, voting at such election, shall decide in favor of a convention for such purpose, the Legislature, at the next session, shall provide by law for the election of delegates to such convention. All the amendments shall take effect at the commencement of the political year after their adoption.

SCHEDULE.

That no inconvenience may arise from the changes in the constitution of this State, and in order to carry the same into complete opera

tion, it is hereby declared, that

1866.

statute law

force.

ions, &c. to

ed in.

§ 1. The common law and the statute laws now in force, not repug- Common & nant to this constitution, shall remain in force until they expire by to remain in their own limitations, or are altered or repealed by the Legislature. § 2. All writs, actions, causes of action, prosecutions and rights of Writs, actindividuals and of bodies corporate, and of the State, and all char- be proceed. ters of incorporation, shall continue; and all indictments which shall have been found, or which may hereafter be found, for any crime or offence 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 pow.

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