Custer chronicle. [volume] (Custer City, Black Hills, D.T. [S.D.]) 1880-1890, 1885-10-10
peace, and such otksr courts as may be created
by law for cities and incorporated towns.

oEC. q. Inc supreme court. except as otnerwlSe
provided in this constitution, shall have appel
late jurisdiction only, which shall be coextensive
with the state. and shall have q general superin-
tending control over all inferior courts. under
such regulations and limitations as may be pre-
scribed by law.
SEC. 8. The supreme court and the judges
thereof shall have power to issue writs of habeas
corpus. The supreme court shall also have power
TO issue writs of m~andamus, quo warranto, GER
tiorari, injunction, and other original and RENE
dial writs, with authority to hear and determine
the same In such cases and under such regula-
tons as may be provided by law, provided. how
ever. that no jury trials shall be allowed in said
supreme court. but, In proper cases, questions of
fact may be sent by said court to a circuit court
for a trial before a Jury.
SEC. 4. At least two terms of the supreme court
shall be held each year at the seat of govern
ment.
SEC. 5. The supreme court shall consist of
three judges, to be chosen from districts by quail
itied electors of the state at large, as hereinafter
provided
SEC. o. The number of said judges and districts
may, after five years from the admission of this
state under this constitution, be increased by
law to not exceeding five.
SEC. :. A majority of the judges of the supreme
court shall be necessary TO form a quorum or to
pronounce a decision, but one or more of said
igdges may adjourn the court from day To day or
TO a certain day.
SEC. 8. The term of the judges of the supreme
court, who shall be elected at the first election
under this constitution, shall be four years. AT
all subsequent elections the term of said judges
shall be six years.
SEC. 9. The judges of the supreme court shall
by rule select from their number a presiding
Judge who shall act as such for the term pre-
scribed 10y such rule.
SEC. 10. No person shall be eligible to the office
of Judge of the supreme court unless he be
learned in the law, be at least thirty years of
age, q citizen of the United States. nor unless he
shall have resides in this state or the territory at
least two years next preceding his election. aud
NJ the time of his election he "A resident of the
district from which he is elected, but for the
purpose OF reelection no such Judge shall be
deemed to have lost his residence In the district
by reason of his removal to tina seat of govern
ment in the discharge of his official duties.
$40. II: Until otherwise provided by law, the
districts from which the said judges of the su-
preme court shall be elected, shall be constituted
as follows:
First district-All that portion of the state
lying west of the Missouri river.
Second district-All that portion of the state
lying east of the Missouri river and south of the
second standard parallel.
Third district.Al that portion of the state
lying east of the Missouri river and north of the
second standard parallel.
SEC. IL. There shall be a clerk and also a re-
porter of the supreme court. who shall be ap-
pointed by the judges thereof, and who shall
hold office during the pleasure of said judges,
scribed by law, and by the rules of the supreme
court not Inconsistent with law. The legisla-
ture shall make provision for the publication
and distribution of the decisions of the supreme
court, and for the sale of the published volumes
thereof. No private person or corporation shall
be allowed to secure any copyright to such de-
cisions, but II any copyrights are secured they
shall inure wholly to the benefit of the state.
SEC. Is. The governor shall have authority To
court upon important questions of law involved
in the exercise of his executive powers and
upon solemn occasions.
CIRCUIT COURTS.
SEC. II. The circuit courts shall have original
jurisdiction of all actions and causes. both at
lQW and IN pnulfV and S1Pb annalln+A i1rI.If.
ton as may be conferred by law and consistent
with this constitution; such jurisdiction as to
value and amount and grade of offense may be
limited by law. They and the judges thereof
shall also have jurisdiction and power to issue
writs of habeas corpus, mandamus, quo warranto.
certiOrari. injunction and other original and
remedial writs. with authority to hear and deter
mine the same
SEC. Is. The state shall be divided into judicial
circuits. In each of which there shall be elected
by the electors thereof one judge of the circuit
court therein. whose term OF Office shall be four
years.
SEC. 10. Until otherwise ordered by law said
circuits shall be six in number and constituted
as follows, Wig:
First circuit-The counties of Union. CLAW.
lankton, Bon Homme. Hutchinson, Charles
Mix and Douglas.
Second circuit The counties of Lincoln.
Miner.
Third c~ircuit-The counties of Brookings.
hingsbnry. Deuel.: Hamlin, Codington, Clark.
Grant. Marshall, Roberts. Day, and the Wahpe-
ton and Sisseton reservation, and all that strip
OF territory now included between the north line
of the counties of Day and Roberts and the forty
sixth parallel of north latitude.
Fourth circuit-The counties OF Beadle. San
oorn. Dawson, AURORA, Brule, Buffalo. Jerauld
and Hanson.
Fifth circuit-The counties of Brown. Hand.
Hyde. Hughes. Suly, Potter, Faux. Edmunds.
Walworth, Campbell, Mcpherson and Sphinx and
all that portion of said state lying east of the
Missouri river, not included in any other judi
cial circuit.
| Sixth circuit-An that portion of the said state
lNlnp west of the MlGznDrl rlyQr
SEC. IL. The legislature may, whenever two
thirds of the members of each house shall concur
therein, increase the number of judicial circuits
and the judges thereof, and divide the state into
judicial circuits accordingly, taking care that
they be formed of compact territory. and be-
bounded by county lines, but such increase of
number or change in the boundaries of districts
shall not work the removal of any Judge from
his office during the term for which he shall have
been elected or appointed.
SEC. Is. Writs of error and appeal may be al
lowed from the decisions of the circuit courts To
the supreme court under such regulations as may
be prescribed by law.
COUNT COURTS.
SIC. 10. There shall be elected in each organ
lied county a county Judge, who shall be judge
OF the county court of said county, whose term
OF office shall be two years. or until otherwise
provided BY law.
SEC. d. County courts shall be courts of record
and shall have original jurisdiction in all mat
tiers Of probate guardianship and settlement of
the estates of deceased persons and such other
civil and criminal Jurisdiction as may be con-
ferred by law. provided that such courts shall
not have Jurisdiction in any case where the debt.
damage, claim or value of property involved
shall exceed one thousand dollars. except in mat
ters of probate guardianship and the estates OF
deceased persons. Writs of error and appeal
may be allowed from county TO circuit courts, or
TO the supreme court in such cases and IN such
manner As may be prescribed 10y law, provided
that no appeal or writ of error shall be allowed
TO the circuit court from any Judgment rendered
upon an appeal from a justice of the peace or
police magistrate for cities or towns.
SEC. II. The county court shall not have iuris-
dlctlCn IN cases of felony. nor shall criminal
cases therein be prosecuted by Indictment; but
they may have such jurisdiction in criminal mat
tiers, not of the grade of felony. az the lecisla-
ture may prescribe. and the prosecutions therein
may be by information or otherwise a. the legis-
iature may provide.
JUSTICE OF THE PEACE.
SEC. -. Justices of the peace shall have such
jurisdiction as may be conferred by law. but they
shall not have jurisdiction of any cause wherein
the value of the property or the amount in con-
troversy exceeds the sum of one hundred dollars,
or where the boundaries or title to real property
shall be called in question.
POLICE MAGISTRATE.
SEC. %. The legislature shall have power TO
provide for creating such police magistrates for
cities and towns as may be deemed from time TO
time necessary. who shall have jurisdiction of al
cases arising under the ordinances OF such cities
and towns respectively. and such police magis-
frafeS may also he ccnStitutod ay-cHipio ius-,cos