Great Falls tribune., 1889-09-28

office during the term for which he has
been elected or appointed.
SEC. Is. Writs of error and appeal
shall be allowed from the decisions OF |
the said district courts to the supreme
courts under such regulations as may be
prescribed by law.
SEC. 1o No person shall be eligible
to the office of Judge OF the district court
unless he be at least twenty five years OF
age and citizen Of the United States,
and shall have been admitted to practice
law in the supreme court OF the leffl-
tory or State Of Montana, nor unless he
shall have resided in this State or Terri
tory at least one year next preceding ms
election. He need not be a resident OF
the district for which he is elected at the
time of his election, but after his election
he shall reside in the district for which
he is elected during his term of office.
SEC. II. The district corrt in each
county, which is a judicial district by it
self, shall be always open for the trans
action of business, except on legal holi-
days and non-judicial days. In each dis
trict where two or more counties are
united, until otherwise provided by law,
the Judges of such district shall fix the
term of court, provided that there shall
be at least four terms a year held in each
county.
SEC. IS. There shall be a clerk of the
district court in each county, who shall
be elected by the electors of his county.
The clerk shall be elected at the same
time and for the same term as the dis
trict Judge, The duties and compensa-
ton of the said clerk shall be as provided
by law.
COUNTY ATTORNEYS.
Sec. 10. There shall be elected at the
general election in each county OF the
State one county attorney, whose quail
fications shall be the same as are required
for Judge of the district court, except
that he must be over twenty-one years Of
age, but need not be twenty-five years of
age, and whose term of office shall be
two years, except that the county attor
neys first elected shall hold their offices
until the general election in the year one
thousand eight hundred ninetytwo,
(1So2) and until their successors are cleo
ted and qualified. He shall have salary
to be fixed by law, one-half of which
shall be paid by the State, and the other
half by the county for which he is cleo
ted, and he shall perform such duties as
may be required by law.
JUSTICES OF THE PEACE.
SEC. 20. There shall be elected in
each organized township of each county
by the electors of such township at least
two justices of the peace, who shall hold
their offices except as otherwise provided
in this constitution, for the term of two
years. Justices courts shall have such
original jurisdiction within their respec-
tive counties as may be prescribed by
law, except as in this constitution other
wise provided; PyoOidea, That they
shall not have jurisdiction in any case
where the debt damage, claim, or value
of the property involved exceeds the
sum of three hundred dollars.
SEC. RI. Justices courts shall not have
jurisdiction in any case involving the IT,
tie or right of possession of real proper
ty, nor in cases of divorce, nor for annul-
ment of marriage, nor of cases in equity
nor shall they have power to issue writs
of habeas corpus, mandamus, certiorari
quo warranto, injunction, or prohibition
nor the power of naturalization; nor
shall they have jurisdiction in cases
of felony, except as examining
COURTS nor shall criminal cases in said
courts be prosecuted by indictment; but
said courts shall have such jurisdiction
in criminal matters, not of the grade Of
felony, as may be provided by law; and
shall also have concurrent jurisdiction
with the district courts, in cases of forci
BILE entry and unlawful detainer.
Sec. a. Justices courts shall always
be open for the transaction of business
except on legal holidays and non-judicial
days.
SEC. 49, Appeals shall be allowed
from justices courts, in all cases, to the
district courts, in such manner and un-
der such regulations as may be pre-.
scribed by law.
POLICE AND MUNICIPAL COURTS.
SEC. "a. The Legislative Assembly
shall have power to provide for creating
such police and municipal courts and
magistrates for cities and towns as may
be deemed necessary from time to time,
who shall have jurisdiction in all cases
arising under the ordinances of such
cities and towns, respectively; such po-
lice magistrates may also be constituted
ex officio justices of the peace for their
respective counties.
SEC. rs. The supreme and district
courts shall be courts of record.
Sec. 2o. All laws relating to courts
shall be general and of uniform opera
tion throughout the State; and the orea-
nization, jurisdiction, powers, proceed
ings and practice of all courts of the
same class or grade, SO far as regulated
by law, shall be uniform.
Sec. ~. The style of all process shall
be "The State of Montana" and all prose-
cutions shall be conducted in the name
and by the authority of the same.
SEC IS. There shall be but one form
OF civil action; and law and ecquity may
be administered in the same action.
SEC. 20. The justices of the supreme
court and the judges of the district court
shall each be paid quarterly by the State,
salary, which shall not be increased or
diminished during the terms for which
they shall have been respectively elected.
Until otherwise provided by law the sal
airy OF the justices of the supreme court
shall be four thousand dollars per annum
each, and the salary of the judges of the
district court shall be three thousand five
hundred dollars yer annum each
SEC 30. No justice of the supreme
court nor judge of the district court shall
a1tssre al 5s ssssesIys any competition, fee,
allowance, mileage perquisite Or emolu-
nent for or on account of his office in
any form whatever, except the salary
provided by law
Sec. 81. No justice or clerk of the
Supreme Court nor Judge or clerk of
any District Court shall act or practice
as an attorney or counsellor at law in
any court of this State during his con-
tinuance in office.
SEC. 3d. The Legislative Assembly
may provide for the publication of de-
cisions and opinions of the Supreme
Court.
Sec. 80. All officers provided for in
this article, excepting justices of the Su-
preme Court, who shall reside within
the State shall respectively reside dur
ing their term of office in the district,
, county, township, precinct, city or town
for which they may be elected Or ap-
pointed.
Sec. 34 Vacancies in the office of
Justice OF the Supreme Court, or Judge