The Bottineau pioneer. (Bottineau, N.D.) 1885-1895, 1889-08-29
ARTICLE Nv,
JUDICIAL DEPARTMENT,

JUDICIAL DEPARTMENT.
SEC IS The judicial power of the State of
North Dakota shall be vested in a supreme
court, district courts, county courts, justices
Of the peace, and in such other courts as
porated towns and villages.
SEC. 81. The supreme court, except as
otherwise provided in this Constitution,
shall have appellate jurisdiction only,
which shall be ~cO-extensive with the state
n shall have q general experimenting
control over all inferior courts under such
regulations n limitations as may be pre-
SEC. 81: 1t shall have power to issue
writs of habeas corpus, mandamus, quo
warrantO, certtOrari, Injunction, and such
other original and remedial writs as may
pc necessary to the proper exercise of it's
jurisdiction, and shall have authority to-
hear u determine the same; provided,
however, that no Jury trials shall be al
lowed in said snpreme court, but in
proper cases questions of fact may be sent
by said court to a district court for trial.
SEC. ". Until otherwise provided by
law three terms of the supreme court shall
be held each year, n at the seat govern
ment. n at Fargo. in the county of Cass,
Grand Forks.
Sec. 80. The supreme court shall consist
of three judges, a majority of whom shall
be necessary to form q quorum or pro-
nounce a decision, but n or more of said
judges may. adjourn the court from day to
day or to a day certain.
SEC. sc. The judges of the supreme
court shall be elected by the qualified cleo
tors Of the state at large, and exceptas may
be otherwise provided herein for the first
election for judges under this Constitution.
said judges shall be elected at general
elections.
SEC. 81. The term of Office Of the judges
ticle otherwise provided, shall be six years,
ana they shall hold their Offices until their
successors are duly qualified.
SEC. ~. The judges of the supreme court
shall, Immediately after the first election
under this Consultation, be classified by lot
SO that one shall hold his Office for the term
of three years, one for the term of five years
first Monday in December, A. d. 1889. The
lots shall be drawnb by the judges, who shall
for that purpose assemble at the seat of
government, and they shall cause the re-
suit thereof to be certified to the Secretary
of the territory and filed in his Office unless
the Secretary OF State Of North Dakota
h a have entered upon the duties OF his
o~flce,in which event said certifcation shall
be, filed therein. The judge having the
shortest term to serve, not holding his
Office by election or appointment to. fill a
vacancy, h be chief justice and shall
preside at all terms of the supreme court
and in case of his absence the Judge having
in like manner the next shortest term to
serve shall preside in his stead.
SEC. SO. There shall be a clerk and also
a reporter of the supreme court, who shall
be appointed by the judges thereof, and
| who shall hold their Offices during the
pleasure OF said judges, and whose duties
and emoluments shall be prescribed by law
not inconsistent with law. The Legisla-
tive Assembly shall make provision for
the publication and distribution OF the
decisions OF the supreme court and for the
sale Of the published volumes thereof.
SEC. 81. No person shall be eligible 10
the Office of judge of the supreme court
unless he be learned in the law, be at least
thirty years Of age and a citizen of the
resided in this state or Territory Of Dakota
three years next preceding his election.
SEC. 96. Whenever the population OF
the State OF North Dakota shall equal six
hundred thousand the Legislative Assem-.
bly, shall have the power to increase the
number of the judges OF the supreme cour
to five, in which event a majority Of sale
court, as thus increased, shall constitute
quorum. F." ~.
law upon the supreme court or any of tht
judges thereof, except such as arr judicial
nor shall any of the judges thereof exercise
any power of appointment exceptas herein
SEC. 81. The style of ali process shall
be "The State Of North Dakota" All prose.
by the authority OF the State Of North Da.
kOta. and conclude against the peace and
dignity of the State of North Dakota