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Sec. 45. The assent of two-thirds of the members elected to each house of the Legislature shall be requisite to every bill appropriating the public money or property for local or private purposes.
Sec. 46. The Legislature may authorize a trial by a jury of a less number than twelve men.
Sec. 48. The style of the laws shall be “The people of the State of Michigan enact.”
Excecutive Department. Section 1. The executive power is vested in a Governor, who shall hold his office for two years. A Lieutenant-Governor shall be elected for the same term.
Sec. 2. No person shall be eligible to the office of Governor or Lieutenant-Governor who has not been five years a citizen of the United States, and a resident of this State two years next preceding his election; nor shall any person be eligible to either office who has not attained the age of thirty years.
Sec. 3. The Governor and Lieutenant-Governor shall be elected at the times and places of choosing the members of the Legislature. The person having the highest number of votes for Governor or Lieutenant-Governor shall be elected. In case two or more persons shall have an equal and the highest number of votes for Governor or Lieutenant-Governor, the Legislature shall, by joint vote, choose one of such persons.
Sec. 4. The Governor shall be Commander-in-Chief of the military and naval forces, and may call out such forces to execute the laws, to suppress insurrections, and to repel invasion.
Sec. 5. He shall transact all necessary business with officers of government, and may require information, in writing, from the officers of the executive department, upon any subject relating to the duties of their respective offices.
Sec. 6. He shall take care that the laws be faithfully executed.
Sec. 7. He may convene the Legislature on extraordinary occasions.
Sec. 8. He shall give to the Legislature, and at the close of his official term, to the next Legislature, information by message of the condition of the State, and recommend such measures to them as he shall deem expedient.
* Stricken out.
It prohibited the license of the sale of intoxicating liquors.
Sec. 9. He may convene the Legislature to some other place when the seat of government becomes dangerous from disease or a common enemy.
Sec. 10. He shall issue writs of election to fill such vacancies as occur in the Senate or House of Representatives.
Sec. 11. He may grant reprieves, commutations, and pardons after convictions for all offenses except treason and cases of impeachment, upon such conditions and with such restrictions and limitations as he may think proper, subject to regulations provided by law relative to the manner of applying for pardons. Upon convictions for treason, he may suspend the execution of the sentence until the case shall be reported to the Legislature at its next session, when the Legislature shall either pardon or commute the sentence, direct the execution of the sentence, or grant a further reprieve. He shall communicate to the Legislature at each session information of each case of reprieve, commutation or pardon granted, and the reason therefor.
Sec. 12. In case of the impeachment of the Governor, his removal from office, death, inability, resignation, or absence from the State, the powers and duties of the office shall devolve upon the Lieutenant-Governor, for the residue of the term or until the disability ceases.
When the Governor shall be out of the State in time of war, at the head of a military force thereof, he shall continue commander-in-chief of all the military force of the State.
Sec. 13. During a vacancy in the office of Governor, if the Lieutenant-Governor die, resign or be impeached, displaced, be incapable of performing the duties of the 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. In committee of the whole he may debate all questions; and when there is an equal division, he shall give the casting vote.
Sec. 15. No member of Congress, nor any person holding office under the United States or this State, shall execute the office of Governor.
Sec. 16. No person elected Governor or Lieutenant-Governor shall be eligible to any office or appointment from the Legislature
or either house thereof, during the time for which he was elected. All votes for either of them, for any such office, shall be void.
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 provision 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.
Judiciul Department. Section 1. The judicial power is vested in one Supreme Court, in Circuit Courts, in Probate Courts, and in justices of the peace. municipal courts of civil and criminal jurisdiction may be established by the Legislature in cities.
Sec. 2. For the term of six years and thereafter until the Legislature otherwise provide, the judges of the several Circuit Courts shall be judges of the Supreme Court, four of whom shall constitute a quorum. A concurrence of three shall be necessary to a final decision. After six years the Legislature may provide by law for the organization of a Supreme Court, with the jurisdiction and powers prescribed in this Constitution, to consist of one chief justice and three associate justices, to be chosen by the electors of the State. Such Supreme Court, when so organized, shall not be changed or discontinued by the Legislature for eight years thereafter. The judges thereof shall be so classified that but one of them shall go out of office at the same time. The term of office shall be eight years.
Sec. 3. The Supreme Court shall have a general superintend ing control over all inferior courts, and shall have power to issue writs of error, habeas corpus, mandamus, quo warranto, procedendo, and other original and remedial writs, and to hear and determine the same. In all other cases it shall have appellate jurisdiction only.
Sec. 4. The terms of the Supreme Court shall be held annu. ally, at such times and places as may be designated by law.
Sec. 5. The Supreme Court shall by general rules establish, 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 proceedings. The office of master in chancery is prohibited.
Sec. 6. The State shall be divided into judicial circuits, in each of which 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. 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 addition to the salary provided by this Constitution, shall receive from their respective counties such addi. tional 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 addi. tional 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.
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 addi. tional 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. 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.
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 Legislature or the people, shall be void.
Sec. 10. The Supreme Court may appoint 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 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 of county clerk and of prosecuting attorney; but no judge of the Supreme Court, or Circuit Court, shall exercise any other power of appointment to public office.
Sec. 11. A Circuit Court shall be held at least twice in each year in every county organized for judicial purposes, and four times in each year in counties containing ten thousand inhabitants. Judges of the Circuit Court may hold courts for each other, and shall do so when required by law.
Sec. 12. The clerk of each county organized for judicial purposes shall be the clerk of the Circuit Court of such county. The Supreme Court shall have power to appoint a clerk for such Supreme Court.
Sec. 13. In each of the counties organized for judicial purposes there shall be a Court of Probate. The judge of such court shall 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 shall be prescribed by law.
Sec. 14. 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 the residue of the unexpired term.