5. The is elected at the same time, for the same term, and must possess the same qualifications, ai the . governor. He is, by virtue of his office, president of the senate.
In case of the impeachment of the governor, hie removal from office, death, inability, resignation, or absence from the state, the powers and duties of the office devolve upon the lieutenant-governor far the residue of the term, or until the disabi/ity ceases.
During a vacancy in the office of governor, if the lieutenant-governor die, resign, be impeached, displaced, be incapable of performing the duties of his office, or absent from the state, the president pro tempore of the senate is to act as governor until the vacancy ho filled or tho disability cease.
The Judicial Power.
6. The Supreme Court consists of one chief and three associate justices, chosen by the electors of the state for the term of eight years. One of the judges goes out of office every two years. Four terms are to be held annually, two at Lansing and two at Detroit, and three of the judges constitute a quorum. It has a general supervisory power over inferior courts, and general appellate juriscltotion of eases brought up by appeal, by oertifieate of judges of lower courts, or by oensent of parties on agreed statements of facts. The statute provides that the supreme court shall by rules of practice simplify the practice of tho state. The changes to be secured are specified as the following : to wit, abolition of the distinction between law and equity; of fictions and unnecessary proceedings; shortening and sim plification of pleadings; expediting decisions; regu lation of decisions ; remedying abuses and imperfec tions of practice; abolition of unnecessary forms and technicalities; of suits through misjoinder or non-joinder of parties, so far as justice will allow; providing for omitting parties improperly joined, and joining those improperly omitted. Comp. Laws, 1857, 988.
7. The Circuit Court consists of eight judges, elected, one from each of the districts into which the state is divided, for the term. of six years, and until a successor is chosen. This is the court of general original jurisdiction, having jurisdiction in all matters civil and criminal not expressly ex oepted, and appellate jurisdiction from an inferior courts and trilianals, and a supervisory control of the same. It has also power to issue write of habeas corpus, mandamus, injunction, quo war rauto, certiorari, and other vvrits necessary to carry into effect its orders, judgments, and decrees, and give it a general control over inferior courts snd tribunals within the respective districts. It sits also as a court of chancery, having powers co exteosive with the powers of the court of chancery in England. with various modifications, however, both constitutional and statutory. Two terms at
least are held annually in each county organized for judicial purposes, aod four terms in counties con taioing ten thousand inhahitants. The stated terms are also terms of the court of chancery.
The District Court of the Upper Peninsula. The counties of Mackinac, Chippewa, Delta, Marquette, Schooleraft, Houghton, Ontonagon and the islands attached, the islands of Lake Superior, Huron, and Michigan, and those in Green Bay, the Straits of Mackinac, and the river Ste. Marie, form a separate judicial district and elect a district judge. This court has the same jurisdiction as the circuit court; and in case of the disability of the judge, a circuit judge may hold the term.
8. A Probate Court is held in each county by a judge elected by the people of the county for the term of four years and till a sucoossor is ohosen. It may take probate of wills, and has cognizance of all matters appertaining to the settlement of the estates of decedents and the care of minors, in cluding the appointment and superintendence of guardians of minors, etc.
Justices of the Peace are elected by the people of each township for four years. Not more than four are to be elected in each township, and they are to be classified. They have exclusive civil jurisdic tion in all eases where the amounts involved are less than one hundred dollars, and conourrent juris diction over all sums less than three hundred dol lars. They have a criminal jurisdiction over all cases of larceny where the amount taken does not exceed twenty-five dollars; of assault and battery, not oommitted riotously nor upon a puhlic officer in the discharge of his dnty; of killing, maiming, or disfiguring cattle, where the damage done does not exceed twenty-five dollars; and of other minor offences.
9. A Circuit Court Commissioner is elected in each county for two years, who has the judicial power of a judge of the circuit court at chambers. He is to perform the duties of a master in chancery, has power to grant injunctions, etc. He must he an attorney and counsellor-at-law.
Municipal or Police Courts exist in the larger town and the cities, a limited jurisdiction.
Jurisprudence.
The truth may he given in evidence to the jury in libel cases. The persons and houses of citizens are to he free from unreasonable searches and seizure. Right of jury trial must be demanded by parties; otherwise it is deemed to be waived, in civil eases. No person shall he imprisoned for deht arising out of, or founded on, a contract, ex press or implied, except in eases of fraud or breach of trust, or of moneys collected by public officers or in any professional employment. No person is incompetent as a witness on account of his opinions in religious matters.