Daily Yellowstone journal. [volume] (Miles City, Mont.) 1882-1893, 1884-02-16
Saturday. February 10, 1854.
Continued from Thursday
CONSTITUTION ar THE STATE or
MONTANA.
SCHEDULE.

0OSsTeTtTlON Of THE sIATE of
MONTANA.
SCHEDULE.
SECTION !. That no Inconvenience
may arise from "A change of Territorial
government Ia "a permanent state gov
eminent, IL il declared that all wrlts,
actions, prosecutions, claims, and
rights of individuals, and of bodies cor
porate, shall continue ~ II no change
Of government had taken place; and
oil processes which may, before the
organization at the judicial depart
ment under this Constitution, II" issued
under the author y OF the Territory
of Montana, shall lie AS valid ~ II
ISSUED in the name of the state.
SEC. =. All laws now IN force In the
Territory of Montana, which are not
yepugnant Ia this Constitution, shall
reInain ia force until they expire 10y
their own limitations, or he altered or
repealed by the Legislative assembly.
SIC. 3. All fines, penalties, for
fixtures and esci,eats accruing IL the
Territory Of Montana shall accrue 10
the use Of the state.
SEQ. I. All rcOgniLances, bonds,
obligations, or other undertakings
heretofore taken, or which may he
taken before the organization of the
judicial department under this Con
etitution, shall remain valid, and shall
pass over to, and may be prosecuted
In the name of the State; all bonds.
obligations, or other undertakings
executed t. this Territory, or ~ any
officer In his official capacity. shall
pass over to the proper state ali-
thority, and Ia their Successors IL
office, for the uses therein respective
~ expressed. and may lm SUED for aud
recovered accordingly; all criminal
prosecutions AMI penal actions which
have arisen. or may arise before the
organization of the Judicial depart
ment. under this Constitution. aud
which shall then bc pending, may lie
prosecuted to judgment ana execution
IN the nam. of the state.
SEQ. 8. That all property, real and
personal, aud monies. credits, claims
aud chooses in action. belonging ts the
Territory at Montana, at the adoption
of thi. Constitution. shall lie vested in
aud become the property of the state
nj Montana. And ali outstanding
obligation. of the Territory AT .hc time
nj the adoption OF the stat. tonstitu-
tim. shall bc assumed by the State.
SEt. u. The legislative Assembly
shall pass all necessary laws Ia carry
into effect tn" provisions of this ton-
stit,it ION.
SEc. Z. Whenever any two Of the
Judges of th. Supreme Court If the
STATE. elected under the provisions of
this Constitution. shall have qualified
In their offices, the causes then pend
ing 10 the supreme Court of the Ter
ritory, aud the papers. records and
proceedings of said Court. and the real
an'i other property pertaining thereto
shall pas into the jurisdiction and
possession at the supreme Court 1T
the stat. and until 80 Superseded, the
Supreme Court of the Territory, and
the Judges thereof, shall cont inIe with
lik. powers aud jurisdiction. as IL this
Constitution had net been adopted.
Whenever the Judge of the District
Court of any district elected under the
provisions Of this Constitution shall
have qualified Ia hi. office, the several
causes then pending in the District
Court of the Territory within any
county in such district. and the re-.
cords, papers and proceedings of said
District Court. and the seal and other
property pertaining thereto. shall pass
into the jurisdiction and possession of
the District Court of the state for such
county, and until the District Courts
of this Territory shall he superseded
IN the manner aforesaid. the snid bis.
trict Courts aud the Judges thereof
shall continue with the sand jurisdic-
ton and power IA br exercised in the
same Judicial Districts respectively as
heretofore constituted under the laws
of the Territory.
SEC. \. Until otherwise provided
by law, the seals now used IN the ~.
preine aud District Courts or this Ter.
rltory. are hereby declared Ia lie the
seals of the supreme aud District
Courts respectively of Va" State.
SIC, y. Whenever this Constitu-
ton shall go into effect. the books
records, papers aud proceedings Of the
Probate Court IN each county. aud u I
causes and matters of adninisirnti u
and other matters pending therein.
shalt pass into the Jurisdiction aud
possession oi the County Court Of the
same county, and the said County
Court shall proceed to final decree or
Judgment, order or other determine.
tion In the said several matters aud
causes as the said Probate Court might
have done n this Constitution had
not been adopted. Aud until IN.