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Private pro

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Mechanical trades in S.


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 puciic use.

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.

8 3. No mechanical trade shall hereafter be taught to convicts in prison

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.

$ 4. No navigable stream in this State shall be either abridged or Xavigable

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.

8 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. lans, &c.,

$ 6. The laws, public records, and the written judicial and Legisline laag'age

lative proceedings of the State, shall be conducted, promulgated and

preserved in the English language. Rigt: to

§ 7. Every person has a right to bear arms for the defence of him.

self and the State. Willary,hic.

8 8. The military shall, in all cases, and at all times, be in striet subordination to the civil power.

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$ 9. No soldier shall, in time of peace, be quartered in any house Soldier nok without the consent of the owner or occupant, nor in time of war tered in priexcept in a manner prescribed by law. § 10. The people have the right peaceably to assemble together, Right of pe

tition. to consult for the common good, to instruct their Representatives, and to petition the Legislature for redress of grievances. $ 11. Neither slavery, nor involuntary servitude, unless for the Slavery pro

hibited. punishment 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. $ 13. Aliens who are, or who may hereafter become bona fide resi- Aliens may

hold propor. 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, Private prowithout 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.

$ 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.


UPPER PENINSULA. § 1. The counties of Mackinac, Chippewa, Delta, Marquette, Upper pe

ninsula. 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.


Senators & representatives,

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

trict, 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. Attorney.

$ 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 sball 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.
Compensa- § 5. The Legislature may provide for the payment of the district
tion of judge

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 dellars a day during any session. Election; $ 6. The elections for all district or county officers, State Senator place. 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.
Taxes. 8 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 pro-
vided by law. The Legislature shall have power, after the year one
thousand eight hundred and fifty-five, to reduce the amount to be re-

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

8 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

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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 operation, it is hereby declared, that

§ 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 proceedters 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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Fines, &c.

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ers, and jurisdiction, both at law and in equity, as if this constitution had not been adopted, and until the organization of the judicial department under this constitution.

§ 3. That all fines, penalties, forfeitures and escheats accruing to the State of Michigan under the present constitution and laws, shall accrue to the use of the State under this constitution.

§ 4. That all recognizances, bonds, obligations, and all other inRecognizan.

struments entered into or executed before the adoption of this constitution, to the people of the State of Michigan, to any State, county or township, or any public officer or public body, or which may be entered into or executed under existing laws, “to the people of the State of Michigan,” to any such officer or public body, before the complete organization of the departments of government under this constitution, shall remain binding and valid; and rights and liabilities upon the same shall continue, and may be prosecuted as provided by law. And all crimes and misdemeanors and penal actions, shall be tried, punished and prosecuted, as though no change had taken

place, until otherwise provided by law. Governor & $ 5. A Governor and Lieutenant Governor shall be chosen under

the existing constitution and laws, to serve after the expiration of the term of the present incumbent,

§ 6. All officers, civil and military, now holding any office or appointment, shall continue to hold their respective offices, unless removed by competent authority, until superceded under the laws now

in force, or under this constitution. Senators & $7. The members of the Senate and House of Representatives of bottice to hold the Legislature of one thousand eight hundred and fifty-one, shall

continue in office under the provisions of law, until superceded by their successors elected and qualified under this constitution.

§ 8. All county officers, unless removed by competent authority, cers to hold shall continue to hold their respective offices until the first day of

January, in the year one thousand eight hundred and fifty-three. The laws now in force as to the election, qualification and duties of lownship officers, shall continue in force until the Legislature shall, in conformity to the provisions of this constitution, provide for the holding of elections to fill such offices, and prescribe the duties of such officers respectively.

$ 9. On the first day of January, in the year one thousand cight

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Officers to hold office.


County offi.



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