Daily Yellowstone journal., 1889-09-25

SEC. X. Writs of error and appeal
shall b. allowed from the decisions of
the said district courts to supreme
courts under such regulations ~ may be
prescribed by Law.
SEC. 10. No person shall be eligible
to the office of Judge of he's district court
unless he be ut least twenty-five wears ot
2 and a citizen of the United States
and shall have been admitted to practice
law in the supreme court al the Terri
tory or State of Montana, nor unless hC
shall have resided in this State or Terri
tory at least one wear next preceding hl>
election. lie need not be a resident OF
the district for which he j. elected at the
time of his election. but after his election
he shall reside in the district tor which
he is elected during his term of office.
SEC. n. The district corrt IN each
county, which i 4 judicial district by it
self, shall be always open for the trans
action of business, except on legal holi-
laws and n~on-judicial days In each dis
trict where two or more counties are
united. until otherwise provided BY law,
the Judges of such district shall hN the
term of court, provided that there shall
be at least four terms n 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 a. the dis
trict Judge. The duties and compenNa-
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
fcations shall be the same as are required
for a Judge of the district court except
thai he must be over twenty-one NeaTsO OF
age. but need not be twenty-five years ct
age. and whose term of Office h be
two years, except n IA the county attor-
news first elected shall hold their Offices
until the general election in the year one
thousand eight hundred niucty-two,
lSo,l and until their successors are cleo
ted and qualified. lie shall have 4 salary
to be fixed bv law, one-halt of which
shall be paid by the State. and he other
half BY the county for which he : cleo
ted. and he shall perform such duties As
NAV be required by law.
JUSTICES OF THE NJ
SEC. 70. There hall be elected in
each organized township of each county
by the electors of such township ut least
two justices of the peace, who shall hold
their offices except IS otherwise provided
in this constitution, for the term of two
wears. Justices courts shall have such
original jurisdiction within their rcsPec'
tive counties a. NAV be prescribed by
law. except as in this constitution other
wise provided; Pyo1idcd, 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. FL. Justices courts shall not have
Jurisdiction in any case involving the Il
tie or right of possession of real proper
tv, nor in cases of divorce, nor for annul
ment of marriage, nor of cases in equity
nor shall they have power TO issue wit.
q. of habcas corpus, mandamus, c~ertiorari
quo warranto, injunction, OF prohibition
o the power of naturalization; not
shall they have jurisdiction in case
of felony, except as eXaminin.
courts; nor shall criminal cases in saiS
courts be prosecuted by indictments bu
said courts shall nave such jurisdiction
in criminal matters, not of the grade o
felony, as may be Psvidcd by law an
shall also ave concurrent jurisdiction
with the district courts, in cases OF torci
BILE entry and unlawful detainer.
SEC. II. Justices courts shall Away
be open for the transaction of business
except on legal holidays and non-iudicia
days
SEC. g AppsaA shall be allowe
from justices courts, W all eases, to tn
district courts, IN sucH manner and ur
der such regulatory as may be pre-
scribed by law.
POLICE n MUNICIPAL COURTS.
SEC. "a The Legislative AssembI
shall have power to provide for creafin
such police and municipal courts an
magistrates for cities and towns as ma
be deemed necessary from time TO tim'
who shall have jurisdiction in all case
arising under the ordinances of sue
cities and towns, respectively; such p
lice magistrates may also be constitute
ex oficio justices of the peace for thei
respective counties
SEC. *. The supreme and distri'
courts shall be courts of record
SEC. 20. All laws relating TO court
shall be general and of uniform oPcr'
ton throughout the State; and the org:
nization, jurisdiction, powers, process
ings and practice of all courts of III
same class or grade, so far as regulate
by law, hall be uniform
SEC. II. The style of all process sha
be The State of Montana" and all pros'
cutions hal be conducted in the nam
and BY the authority of the same.
SEC. IS. There hal be but one fori
of civil action, and law and ecquity ma
be administered in the same action
SEC. 20. The justices of the suPren
court and the judges of hed district cou
shall each be paid quarterly by he's Stat
a salary, which hail not be increased {
diminished during the terms for whiC
they shall have been respectively clectc
Until otherwise provided by law, the n
ary of the justices of he supreme cou
shall be four thousand dollars per annu1
each, IND The salary of the Judges of n
district court shall be three thousand fN
hundred dollars yer annum each
SEC. 90. No justice of the suPren
court nor judge of the district court sha
accept OF receive any competition, fe
allowance, mileage ~perquisite or emol1
ment for or on account of his Office
any form whatever, except the sala'
provided By law.
SEC. 81. No Justice or clerk of Il
Supreme Court, nor judge or clerk
any District Court shall act or practi,
as an attorney or counsellor at law
any court of this State during his co
t~inuance in office.
SEC. g.. The Legislative Assemb
may provide for the publication OF d
cisions and opinions of he SuPren
Court.
SEC. 80. All officers provided for
this article, excepting justices of h )
preme Court, who shall reside with
the State shall respectively reside du
ing their term of Office in the distri'
county, township, precinct, city OF TOW
for which they may be elected or a
pointed.
SEC 81 Vacancies in the office
Justice of the Supreme Court, or JUDD
of the District Court, or Clerk of q
Supreme Court, shall be filled by a
pointment by the Governor of h Stat
and vacancies in the offices of COun
Attorney, Clerk of the District Cos
and Justices of the Peace shall be fill
by appointment by the Board of Coun
Commissioner of the county whe
such vacancy occurs y person appoint
to ali his vacancy shall hold any such
fee until the next general election and u