Great Falls tribune., 1889-09-28

e beas corpus, mandamus, quo-waIrantc
s. certiorari, prohibition and in junction, an,
If such other original and remedial writs a
n may be necessary or proper to the com
t. plete exercise of its appellate Jurisdiction
$ When jury is required in the suprem.
e court to determine an issue of fact sale
0 court shall have power to summon suci
II jury in such manner as may be provided
: by law. Each of the justices of the su
Y Preme court shall have power to issue
i Writs of habeas corpus to any part of the
State, upon petition by or on behalf of
: any person held in actual custody, and
: may make such writs returnable before
S himself, or the supreme court or before
any district court of the State or any
! judge thereof; and such writs may be
heard and determined by the Justice, or
z court or judge, before whom they
are made returnable. Each of the ius
tlces of the supreme court may also is
sue and hepr and determine writs of GER
tiorari in proceedings for contempt in
the district court and such other wrts
as he may be authorized by law to issue.
SEC. 4. At least three terms of the
supreme court shall be held each year at
the seat of government.
SEC. S. The supreme court shall con-
sist Of three justices, a majority of whom
shall be necessary to form quorum or
pronounce a decision, but one or more
of said justices may adjourn the court
from day to day, or to a day certain, and
the Legislative assembly shall have the
power to increase the number of such
justices to not less nor more than five.
SEC 6. The justices of the supreme
court shall be elected by the electors of
the state atlarge, as hereinafter provided
SEc.7. The term of office of the ius-
tices of the supreme court, except as in
this constitution otherwise provided,
shall be six years.
SEC. s. There shall be elected at the
first general election provided for by this
Constitution, one chief Justice and two
associate justices of the supreme court
AT said first election the chief Justice
| shall be elected to hold his Office until
the general election in the year one
| thousand eight hundred ninety-tw
| (S9o), and one of the associate Justices
to hold his office until the general cleo
| ton in the year one thousand eight hun
sociate Justice to hold his Office until the
general election in the year one
thousand eight hundred ninety
six (1S9o) and each shall hold until his
successor is elected and qualified. The
terms of office of said justices, and which
one shall be chief justice, shall at the
first and all subsequent elections be des-
ignated by ballot. After said first cleo
ton one chief justice or one associate
justice shall be elected at the general
election every two years, commencing
in the year one thousand eight hunered
ninety-two (IS92), and if the Legislative
Assembly shall increase the number of
justices to five, the first terms of office of
such additional justices shall be fixed by
law in such manner that at least one of
the five justices shall be elected every
two years. The Chief Justice shall pre-
| side at all sessions of the supreme court
| and in case of his absence, the associate
justice having the shortest term to serve
shall preside in his stead.
SEC. 9. There shall be Clerk of the
| Supreme Court, who shall hold his office
| for the term of six years, except that the
| Clerk first elected shall hold his office
only until the general election in the
year one thousand eight hundred ninety
| two (1S92) and until his successor is
elected and qualified. He shall be
| elected by the electors at large of the
State, and his compensation shall be
fixed by law, and his duties prescribed
| by law and by the rules of the Supreme
| Court.
SEC. TO- No person shall be eligible
to the office of Justice of the Supreme
Court unless he shall have been ad-
nitted to practice law in the Supreme
Court of the Territory or State of Mon
tana be at least thirty years of age and a
citizen of the United States, nor unless
he shall have resided in said Territory
or State at least two years next preced-
ing his election.
| DISTRICT COURTS.
SEC, H. The District Court shall have
original jurisdiction in all cases at law
and in equity, including all cases which
| involve the title or right of possession of
real property, or the legality of any tax,
| impost, assessment toll or municipal
fine, and in all cases in which the debt,
damage, claim or demand, exclusive of
| interest, or the value of the prop
ertv in controversy exceeds fifty
dollars; and in all criminal cases
amounting to felony, and in all
cases of misdemeanor not otherwise pro-
vided for; of actions of torcible entry
and unlawful detainer; OF proceedings in
insolvency; of actions to prevent or
abate nuisance; of all matters of pro-
bate; of actions of divorce and for an
nullment of marriage, and for all such
special actions and proceedings as are
not otherwise provided for. And said
courts shall have the power of naturali-
cation, and to issue papers therefore, in
all cases where they are authorized SO to
do by the laws of the Gaitea6sS6atsass
They shall nave appellate jurisdiction in
such cases arising in justices and other
inferior courts in their respective dis
tricts as may be prescribed BY law, and
consistent with this constitution. Their
process shall extend to all parts of the
State, provided that all actions for the
recovery of, the possession of, quieting
| the title to, or for the enforcement Of
liens upon real property shall be com
menced in the county in which the real
| property, or any part thereof, affected by
such action or actions, is situated. Said
| courts and Judges thereof shall have
power also to issue, hear and determine,
writs of mandamus, quo warranto, certi
orari, prohibition, injunction and other
original and remedial writs, and also all
writs of habeas corpus on petition by, or
on behalf of, any person held in actual
custody in their respective districts In
| functions writs of prohibition and habeas
corpus may be issued and served on
| legal holidays and non-judicial days.
Sec. II. The State shall be divided
into judicial districts in each of which
there shall be elected by the electors
thereof one judge of the district court
whose term of office shall be four years
except that the district judges, first
elected shall hold their offices only until
the general election in the year one
Thousand eight hundred ninety-two
| GS92), and until their successors are
elected and qualified Any judge of the
district court may hold court for any
other district judge, and shall do so when
required by law.
SEC. 13. Until otherwise provided by
law, the judicial districts of the State
shall be constituted as follows: First
district, Lewis and Clarke county.