Daily Yellowstone journal., 1884-02-20

WutNu thNotNC tbtbV VI IIkub VI
possession of real property, or the
legality of any tax, impost, assessment,
toll, or municipal fine, and In all
other cases in which the debt, dam
age, claim ar demand. exclusive of In.
terest, or the value of the property In
controversy exceeds fifty dollars, and
In all criminal eases amounting to
felony, and NIL cases Of niis,leIneanOrs
not otherwise provided for: of actions
Of forcible entry and detainer; Of pro-
cesdings In insolvency; of actions to
prevent or abate nuisance; of actions
Of divorce aud for annullment of mar
riage, aud of all such special actions
and proceedings as are not otherwise
provided for. And said courts shall
have the power of naturalization and
to issue papers therefor: they shall
have appellate jurisdiction in such
cases arising IN justices and other in
ferior courts In their respective dis
tricts, as may he prescribed by law,
and consistent with this Constitution.
Their process shall extend to all parts
of the State, provided, that all actions
for the recovery of the possession OF,
quoting the title to. or for the enforce
ment Of liens upon. real property shall
he commenced in the county in which
the real property, or any part thereof
affected by such action or actions, ID
situated. Said courts and the Judges
thereof shall have power also to issue,
hear and determine writs Of man.
ddmus. quo Udrrdnt0, certiOrdri, pro-
hibition, injunction, and other orig
inal and remedial writs. and also writs
Of hdbeds corpus, or petition by. or on
behalf Of, any person in actual Gus.
tody In their respective districts. In.
functions, writs Of prohibition and
hdbeds corpus may he issued and
served on legal holidays and non-
judicial days.
SEC. IL. The State shall be divided
into judicial districts, in each of
which there shall be elected by the
electors thereof, one Judge of the dis
trict court therein, whose term Of Of
flee shall he four years, except M in
this Constitution otherwise provided.
The Judges of the district courts may
hold courts for each other, and shall
do 10 when required by law.
SEC. IL. Until otherwise provided
by law, said districts shall be four In
number, constituted as follows:
First District-The counties Of Bea-
verhead, Madison. Gallatin and JEFF
fersOn.
Second District-The counties of
Missoula, Deer Lodge and Silver Bow,
Third District-The counties of
Lewis and Clarke, Choteau and
Meagher.
Fourth District-The counties o:
Custer, Dawson and Yellowstone.
SEC. Ia. The Legislative Assembly
may, whenever two-thirds of the
members of each house shall concur
therein, increase the number Of judi
cial districts aud the judges thereof,
aud divide the State into Judicial dis
cricts accordingly, taking care that
they be formed of compact territory,
and he bounded by county lines, but
such increase Of number or change In
the boundary of districts, shall not
work the removal of any judge from
his Office during the term for which
he shall have been elected OrapprOved.
SEC. Is. Writs of error and appeal
may he allowed from the decisions of
the said district courts To the Supreme
Court, under such regulations ~ may
be prescribed by law.
SEC. Is. No person shall be eligi-
bic to the Office of judge of the district
court, unless he be at least twenty-five
years Of age. and q citizen OF the
United States, and shall have been
admitted to practice law In the Flu
preme Court Of the Territory or State
Of Montana, nor unless he shall have
resided in this State or Territory ut
least two years next preceding his
election, and at the time Of his cleo
ton be resident of the district for
which he 10 elected.
SEC. IL. The time of holding courts
within said judicial districts, shall be
~ provided by law. but ut least two
terms of the district court shall he
held annually In each county, except
In such counties as may be attached
for judicial purposes TO another county
wherein such counts are held. Special
terms of said courts may be held under
such regulations a. may bs prescribed
by law.
SEC. IL. There shall be q clerk of
the district court In each county
wherein q term 10 held, who shall be
elected by the electors of his county.
The clerk shall he elected at the same
time and for the same term NJ herein
provided for the judges of the district
court. The duties and compensation
of the district clerk shall be s. provid.
ed by law.
STATES ATTORNEY.
SEC. 10. The first Legislative As
senlbly that shall be held under this
Constitution shall provide for the cleo
tiOn of one states attorney for each
organized county Of this State, except
in case county shall be attached 70
another for Judicial purposes. He
shall have q salary liked by law, that
shall not be increased or diminished
during his term Of Office. and shall re-
ceivc no other compensation for his
services whatsoever; Provided, one
half Of such salary shall be paid by the
State, and the other by the county or