Daily Yellowstone journal., 1889-09-25
ARTICLE M.
SCHEDULE.

Ilri, no Inconvenience NAV arse by reason Of
changing trotna Territorial tna Sutic form of COVE.
ernmeni, Il = declared as follows
srCTipN {. IN laws enacted nv the Icgi>la-
tive Assembly Of the Territory of Montana and in
force nj the ti,rc the State shall lie admitted into
the Union and not Inconsistent with ths runstitn-
tom or laws of the United states Of America, shall
tC and tCtudIH ia full force a. the laws uf the State
Gniil altered or repealed. OF until they expire Nv their
own limitation; L.c'hkrf. That Whenever in said
laws tine words Territory " Montana Territory"
"r Territory 81 Montana" occur the words state
ur "StItc Of Montana" shall he appropriately sub.
s,ituted and read therefor, and f5oTSs7f tayk6,y;
That The duties which now by law dcvulvc upon
| probate judges Hs jury commissioners and in reIa-
tI"n to issuing marriage licenses and 6iing ard re
ogfding mirrilgy certIhcates, and the duties a. eN-
uhlCio clerks nf their own courts, shall, until other
wise provided hy law, deVolye upon and he per
formed Nv the clerks If district courts in their re
sprrtivc counties. d7R. ryoghK0f EFSfsT, That the
duties Of probate judges now imposed by law rcl'-
other county officers shall. until otherwise provided
by law, he performed by the district Judges in the
several counties in their respective districts.
SIC. =. Al lawful orders, Judgments and dcrrrcS
inciNil eIuscsrall contracts and claims ard all lawful
convictions, Judgments and sentences ia criminal
actions, made and Entered or pronounced bv the
courts within the Territory Of Montana. and in force
at The time the State hall he admitted into the
Cninn shall cnutiuuc and he and remain in full
force in the State unaffected in any respect hy the
meut aud NAV DC enforced and executed under the
laws of the State
SIC. 4 No crime or criminal offence committed
against the laws Of the Territory Of Montana shall
ahatc or lie IN auN wise affected by reason Of the
change froma Territorial tn a State form Of govern
~ - NthAt aHN AAfNl W "
an offence ag tinSt the laws of the State and the APP
p~ropriate courts of the State shall have jurisdiction
over and 10 hear and determine the same. ProTEfoS;
That this section shall not in any wise he construed
to change the law of the statute Of limitations. or the
due effect OF application of the same.
SIC. 4 Except as herein otherwise provided.
the word district" shall be substituted ard read in
cnurt or probate Judge" whenever the same occur
in the laws OF the Territory of Montana. and all said
probate judges shall, except as in his eansii,uiion
otherwise provided upon a change from Territorial
to state Government, I've deemed and taken tn apply
to district courts and district jndgcs: Pr,f it'd:
That all laws allowing fees to probate judges are
SFC. 5 Clerks Of district courts, until otherwise
provided hy law shall each perform the duties and
be entitled to the same fees as now provided by law
for clerks of the district courts of the Territory, and
until otherwise provided by Law shall also perform
now provided for clerks of probate courts.
SIC q. Upon a change from Territorial in State
aud the Territorial district courts in and for The seN-
cral couutics respectively, shall pass To and 'ccumc,
until otherwise provided hy law, the seals respec-
lively OF the suprrIn: court and of the distTi,t courts
Of the State in such counties.
SEc. :. Prnsecuti ,ns for criminal Offences against
the laws of the Territory of Montana, PEI ding At
the time the State shall he admitted into the Uniun
shall not abate; but the same shall confirm. and he
prosecuted IN the name ot the state Of Monts ia, aud
the tiue of every such action shall bc chs Igcd to
conform to this prov sion.
Sc :. Parties W 20, at the time ut the az mission
Of the State mt" the Union, may I've c"nhn' under
lawful commitments or otherwise lawful held to
answer for alleged violations OF any of I'd Crim-
inal laws OF the Territory of Montana, III u con.
tinue to I've 50 conf ed or held until ~, hirged
thcrefrnm by the pro. scr courts of the state
actions causes Of action, dcfrnscs, claims and
rights of individuals, associations and bodies cor.
porate existing at the time the State shall I've ADMIT.
ted into the Union, shall continue and be rcspec.
lively executed. procccdcd with, determined. en-
forced aud protected under the laws OF the suite.
SIC. 10. All undertakings bonds. obligations
aud rccuenizanceS in force AT the tune the State shall
he admitted into the Union which were executed to
the Territory of Montana, OF any officer thereof in
his uficial capacity, OF to any oI6cial buIrd for the
benefit OF the Territory of MonuInA, are heiehy re.
SpeCtiVelN assigned and transferred tO the Statc of
Montana, 10 the State officer successor to said Ter
ritorial officer, or To the official hoard Successor Ia
the aforesaid official board. for the Use OF the State, as
the case MAY NC, snd shall be As valid and binding
as IL executed under State law to the State, or State
officer in his official capacity, or official b,sird, for
the hcnetit Of the state, and all hncs, taxes, penal.
ties and forfciturcs due ur owing ca the Territory Of
Montana or To anN county, school district. or munici-
paity therein, at the time the state shall I've admit.
ted into the Union, are hereby respectively assigned
and transferred and the same shall ~ payable to
the State. county, school district oT muniCiPality, as
the case may I've, and payment thereof may I've en-
forced under the laws of the state.
Sue. n. All property, real and personal, and ell
action OF every kind, hcIonging to the Territory OF
Montana at the time the State shall hc admitted
10, and shall he vested in, and BECOME the property
of the State of Montana.
sac. IA MI obligations Of the Territory of Mon
tlna, existing, IN force and unpaid al the time OF the
admission of the State into the Union are hereby as
summed by the State which shall and Will well and
truly pay the same.
SIC. . An matters, cases and proceedings
| pending III any prn1liG GDlII % u NTfttur OIL
Montana, at the time the State shall I've admitted into
the Union, and all official records, files, moneys.
and other property of. or pcrtaiiing To such court, are
hereby transferred To the district court in and for the
Same county and such district court shall have full
power and jurisdiction 10 hear, Determine and dis
pose of all such matters, cases and proceedings.
SIC ~. AL action, cases and proceedings and
matters which shall he pending in the supreme and
I district courts of Montana Territory at the time of
the admission of the state into the Union whereof
the United States circuit or district court might
haye had Jurisdiction, had suuh court existed al the
commencement of such actions, Ca~eSt proceedings
and matters respectively, shalNoc transferred 10 SAID
Ifritcd Statcs circuit and district courts respectively;
and all the tiles. records, indictments and proceedings
relating to such actions, cases, proceedings and
matters shall he transferred TO said United States
courts: pyoTfRcR, That no civil action, cause or
proceeding To which the United States is not a
party shall he transferred to either of said United
States courts except upon written request of one Of
the parties thereto and in the absence of such request
such cases shall be proceeded with in the proper
STc. az. All actions. cases, proceedings and mat
tiers pending in the supreme and district courts of
the Territory of Montana at the time the State shall
he admitted into the Union and all tiles, records and
| indictments relating thereto, except as otherwise
provided herein, shall he APPROPRIATELY Transferred,
of the State, respectively, and all such actions.
eases, and matters shall re proceeded with in the
proper State courts.
SIC. 10. Upon a change from a Territorial to
State government, and until otherwise provided Ivy
law, the great seal Of the Territory shall I've deemed
and taken to I've the Grca; seal of the State wi Mon
tana.
officers now occupying their respective positions
under the laws OF the Territory II Montana, 81 of
the United States Of America. shall continue and re-
main in their respective official positions and per
form tho duties thereof as now provided by law
,,t,T The STATE il admitted into the Uni N. and shall
I've .,snsidcr,gd state officers until their Successors in
office shall he duly elected and qualified, As pro-
yii,d nv ordinance. Notwithstanding any iucon-
sisten, nroVisions in this constitution and shall I've
entitled To- the Same compensation for their services
as Is now established bv law; Proshhnf, That the
CONDENSATION for Justices of the supreme Court,
Governor and Secretary Of the Territory shall he
paid by the State of Montana.