Wessington Springs herald. (Wessington Springs, Aurora County, Dakota [S.D.]) 1883-1891, 1889-03-15
born, Dawson, Aurora. Brule Buffalo, Jerauld


Fifth circuit-The counties of Brown, Hand
Hyde, Hughes, sully, Potter. Faux, Edmunds
and all that portion of said state lying east Of
the Missouri river not included in any Other
judicial circuit.
state lying west of the Missouri river.
SEC. u. The legislature may. whenever two
thirds of the members of each house shall con;
cur therein, increase the number of judicial
circuits and the judges thereof and divide the
state into judicial circuits accordingly, taking
care that they be formed of compact territory
and be bounded by county lines, but such in
crease OF number or change in the boundaries
of districts shhll not work the removal of any
Judge from his Office during the term for which,
| he shall havebeen elected or appointed.
| SEC. 16. Wits of error and and appeal may be
allowed from the decisions of the circuit courts
to the supreme court under such regulations as
| may be prescribed by law.
COUNTY COURTS.
Sec. 10. There shall be elected in each organ
| lied county a county judge, who shall be judge
of the county court of said county, whose term
of office shall be two years, or until otherwise
provided by law.
Sec. 20 County courts shall be courts of rec
ord and shall have original jurisdiction in all
matters OF probate guardianship and settle.
c 4 the estates Of and
may be conferred by law. provided that such
court shall not have jurisdiction in any case
Where the debt daaEe' claim or value Of
| dollars, except in matters of probate guardian
| ship and the estates of deceased persons
Wits OF error and appeal may be allowed from
county to circuit courts or to the supreme
court i'll such cases and in such manner us may
be prescribed by law provided that no appeal
or writ of error shall be allowed to the circuit
court from any Judgment rendered upon nn np-
peal from q Justice OF the peace or police mag
istrate for cities or towns.
Sec. 81. The county court shall not have jul
risdction in cases OF felony nor shall criminal
cases therein be prosecuted by indictment but
they may have such jurisdiction in criminal
matters, not of the grade of felony, us the legis
lature may prescribe, and the prosecutions
therein may be by information or otherwise as
the legislature may provide.
JUSTICE OF THE PEACE.
Sec. %. Justices of the peace shall have such
!, jurisdiction MS may be conferred by law, but
they shall not have jurisdiction of any case
wherein the value of the property or the
amount in controversy exceeds the sum of one
hundred dollars, or where the boundaries or
title to real property shall be called in ques-
ton.
POLICE MAGISTRATE.
SEC. %. The legislature shall have power to
provide for creating such police magistrates for
cities and towns as may be deemed from time
to time necessary, who shall have jurisdiction
of all cases arising under the ordinances of
such cities and towns respectively, and such
police magistrates may also be constituted
otfico justices of the peace for their respective
counties
STATES ATTORNEY.
Sec. "a. The legislature shall have power to
provide for states attorneys and to prescribe
their duties and fix their compensation but no
person shall be eligible to the Office of attorney
general or states attorney who shall not Mt the
time OF his election be at least 25 years
of age and possess all the other qualifications
for judges OF circuit courts as prescribed in this
article.
MISCELLANEOUS.
SEC. 25 No person shall be eligible to the
office Of judge OF the circuit court or county
d t, y,ro1nc 6n 1,n NOD 1.x, I.
least twenty-five years of age and citizen of
the United States; nor unless he shall have re-
sided i'll this state or territory at least one year
next preceding his election, and ut the time OF
his election be resident of the county or cir
cult as the case may be, for which he is
elected
cult courts and county courts shall be chosen at
the first election held under the provisions of
this contribution, and thereafter as provided by
law, and the legislature may provide for the
election of such officers different day from
+, that on which an election is held for any other
purpose, and may for the purpose of making
office for any of such judges then holding, but
not in any case more than six months. The
term OF Office of all judges of circuit courts,
elected in the several judicial circuits through
out the state, shall expire on the same day.
SEC. p. The time Of holding courts within
| said judicial circuits and counties shall be as
provided by law; but at least term of the
circuit court shall be held annually in each or
gained county, and the legislature shall make
provision for attaching unorganized counties or
territory to organized counties for judicial per-
poses.
SEC. %. Special terms of said court may be
held under such regulations may be provided
by law.
SEC. %. The judges of the circuit courts may
hold courts in other circuits than their own,
under such regulations rs may be prescribed by
! law.
| SEC. 30. The judges of the supreme court,
| circuit courts and county courts shall each re-
ceive such salaries as may be provided by law,
| az with nratif 11tin,
| judge shall receive any compensation, perquisite
| or emolumeats for, or on account of his office.
IN any form Whatever, except such salary; pro-
vided that county judges may accept and re-
| land laws of the United States.
SEC 81. No judge Of tho supreme court or
circuit courts shall act as attorney or counsel
lor at law, nor shall any county judge net MS at
torney Or counsellor at law in any case which
| is or may be brought into his court or which
may Re appealed therefrom.
| SEC. ~. There shall be a clerk of the circuit
cours IN each organized county, who shall also
be clerk OF the county court and who shall be
| elected by the qualified electors of such county,
Ths duties and compensation of said clerk
shall be as provided by law and regulated by
the rules OF the court consistent with the pro-
SEC. 50. Until the legislature shall provide
by law for fixing the terms of COURTS the judges
of the supreme, circuit and county courts re-
spectively shall fix the terms thereof.
SEC. "a. All laws relating to courts shall be
general and of uniform operation throughout
VIC euhle, dLu tue organization, jurisdiction,
power, proceedings and practice of all the courts
OF the same class or grade SO far as regulated
by law, and the force and effect of such of the
proceedings judgments and DEGREES of such
courts severally shall be uniform, provided
however, that the legislature may classify the
county courts according to the population of
the respective counties, and fix the jurisdic-
/! ton and salary of the judges thereof accord
| ingly.
| SEC IS. No judge of the supreme or circuit
courts shall be elected to any other than IL Judi
cial office, or be eligible thereto during the
term for which he was elected such Judge All
votes Tor either of them during such term for
any elective office, except that of judge of the
! supreme court, circuit court or county
court, given by the legislature or the people,
shall be void.
SEC &c. All judges or other officers of the SUI
pfeme, circuit or county courts provided for in
this article shall hold their offices until their
successors respectively are elected or ap-
pointed and qualified.
SEC 81 All officers provided for in this article
shall respectively reside III the district county
| precinct, city or town for which they NAV be
| elected or appointed. Vacancies in the elective
Offices provided for in this article shall be filed
| by appointment until the next general cleo
ton, as follows All iadges of the supreme.
! circuit ana county courts by the governor. All
othef JudlciMl and other county officers bv the
county bourl of the county where the vacancy
occurs IN cases OF police magistrates, by the
municipality.
| SEC. 49, All process shall run in the name of
! me state OF Dakota All prosecutions shal.