Daily Yellowstone journal., 1884-02-20

SN. II. Incre snAIl ne clerk OF
the county court In each county. The
Legislative Assembly may provide for
the election of such clerk by the pep
pie, or ii may provide that the duties
of such Office shall he performed by
some other county officer. The duties
Of such clerk and his compensation
shall be prescribed by law.
Sic. -. County courts shall have
original jurisdiction within their re-
spective counties In all matters of pro.
hate, settlement of estates Of deceased
persons, appointment of guardians.
conservators and administrators, and
settlements Of their accounts, and such
other civil and criminal jurisdiction as
may be conferred by law: pr0uided,
that such courts shall have no juris-
diction in any case where the debt.
damage, claim, or value If the prop
erty involved shall exceed one thou
sand dollars, exclusive of interest. ex-
cept in cases relatingto the estates Of
deceased or insane persons, or minors.
JUSTICES OF THE PEACE.
Sec. .. The Legislative Assembly
shall provide for the subdivision Of the
counties into townships of convenient
number and size, and there shall Le in
each organized township or district of
each county In the State, ut least two
justices Of the peace, who shall be
elected by the electors Of the several
townships or districts, and who shall
hold their offices, except as otherwise
provided in this Constitution, for the
term of two years. Such courts shall
have such original jurisdiction within
their respective counties ~ may he
prescribed by law, except n in this
Constitution otherwise provided: Pro-
rided. that they shall not have juris.
diction in any case where the debt,
damage. claim, or value Of the prop
erty involved, exceeds the sum Of three
hundred dollars,
SECT -. Neither the county courts
nor Justices courts shall have juris-
diction In any ease involving the title
or right of possession Of real property.
nor In cases Of divorce, nor for the AN
nulment of marriage, nor In cases Of
equity; nor shall they have power to
issue writs Of hdbeds corpus, n,inda-
mus. certiOrdri, quo ndrrunfO, injunc-
ton or prohibition, nor the power 0f
naturalization; nor shall they have
such jurisdiction in cases Of felony, ex-
cspt 10 examining courts, nor shall
criminal cases In said courts be prose-
cuted by Indictment; but said courts
shall have such Jurisdiction In crimi-
nal matters, not Of the grade Of felony,
M may be provided by law. PrOsecu-
| tsn,.. k., s,.f ,r Ask~e
wise, as the law may provide.
SIC. -. County and justices courts
shall always lie open for the transac-
ton vi business, except ON legal holt
days and nOnjudicial days.
SIC. ~. Appeals shall be allowed
from county aud justices courts, In all
cases, to the district courts, In such
manner aud under such regulations no
may he prescribed by law.
PoLiCE AND MUNICIPAL COURTS.
SEC. q. The Legislative Assembly
shall have power to provide for Great
ing such police aud municipal courts
and magistrates for cities and towns
M may be deemed necessary from
time to time, who shall have jurisdic.
ton in All cases arising under the Or
dinances Of such cities and towns re-
spectively; such police magistrates
may also be constituted er-obici0 JUS
tees Of the peace for their respective
counties.
MISCELLANEOUS PROVISIONS.
SEC. ~. The Supreme, district and
county courts shall be courts Of record.
SEC. ~. Until otherwise provided
by law, the Judges Of the Supreme
aud district courts shall fix the times
Of holding the terms Of their respec-
tive courts.
SEC. 80. All laws relating to courts
shall be general and Of uniform opera
ton throughout the State, and the or
ganizstion, Jurisdiction, powers, pro-
ceedipg and practice of oil courts Of
the same class or grade, 20 far NJ
regulated by law, and the force aud
effect Of the proceedings, Judgements
and DEGREES Of such courts tseverally)
shall be uniform.
SEC. 81. The style Of all process
shall be, 1.-THE State Of Montana and
all prosecutions shall be conducted In
the name and by the authority of the
same.
SEC. 32. There shall 30 but one
form Of civil action, and laws aud
equity may be administered In the
same action.
SIC. 80. The Legislative Assembly
may provide for the election Of all ju.
dicial officers ut time different from
the election OF other officers.
SEC. "a. The Judges Of the Su-
prene, district and county courts
shall severally receive such salary ~
may lie provided by law, consistent
with this Constitution, and no such
Judge shall accept or receive any com.
pei'sation, fee, perquistie or emOlu-
nient for or on account Of Ills Office, In
any form whatever, except such sal-
airy: provided, however, that judges
Of the county court may accept and
receive such fees NJ may he allowed by
the laws Of the United States for ser.
vices rendered hereunder.
SEC. %. No Judge Of the Supreme,
dist,ic or county courts shall act or
practice 40 an attorney or counsellor