Custer chronicle. [volume] (Custer City, Black Hills, D.T. [S.D.]) 1880-1890, 1889-03-16

learned IN the law. ne M past thirty years OF
age, a citizen OF the United states. nor unless be
SHAH have resided in this state or the territory
at least two years next ~ reding his election.
and at the time of his election be "A resident of
the district from which he is elected. bus for the
purpose OF reelection. no such Judge shall be
deemed to have lost his residence in the district
by reason OF his removal to the seat OF govern
ment IN the discharge of his official duties.
Sec. IL. Until otherwise provided by law. Tho
districts from which the said judges of the SUI
preme court shall be elected, shall be constituted
as follows:
First district--All that portion of the state
lying west of the Missouri river.
Second district-All that portion Of the state
lying east OF the Missouri river and sou.n OF the
second standard parallel.
Third district-Alt that portion ofthe state ~
ing east OF the Missouri river and north of the
second standard parallel.
Sec. II. There shall be a clerk and also a re-
porter Of the supreme court, who shall be APP.
pointed by the judges thereof, and who shall
hold office during the pleasure of said Judges,
and whose duties and e~moluments SHAH he pre-
scribed by law, and by the rules OF the supreme
court not inconsistent with law. The legisla.
ture shall make provision for the publication
and distribution OF the decisions OF the supreme
court, and for the sale OF the published volumes
thereof. No private person Incorporation shall
be allowed to secure any copyright TO such de-
cisions, but If any copyrights are secured they
shall inure wholly TO the benefit OF the state.
Sec. 13. The governor shall have authority
TO require the opinions OF the Judges OF the SUI
preme court upon important questions OF law
involved in the exercises OF his executive powers
stlu upon sOieilH OCtasIOls'
CIRCUIT COURTS.
Sec. il. The circuit courts shall have origin
al jurisdiction of all actions and causes, both at
law and in equity, and such appellate iurisdic-
ton as may be conferred by law and consistent
with this constitutions; such jurisdiction as TO
value and amount and grade OF offense may be
limited by law. They and the Judges thereof
shall also have Jurisdiction and power to issue
writs of habeas corpus, mandamus, quo war
ranto, certiorari, injunction and other original
and remedial writs, with authority TO hear and
determine the same.
Sec. Ii. The state shall be divided into Judi
cial circuits, i'll each OF which there shall be elect
cd by the electors thereof one iNdge of the cir
cunt court therein, whose term of office shall be
four years.
Sec. l6. Until otherwise ordered by law such
circuits shall be six in number and constituted
a. follows, viz:
First circuit-The counties of Union. Clay,
Yankton, Bon Homme, Hutchinson, Charles
Mix ana Douglas.
Second circuit-The counties OF Lincoln, Turn
er. Minnehaha, McCook, Moody, Lake and Min
er.
kingsbury, deuel., Iamlin. Codington. Clark,
Grant, Marshall, Roberts, Day, and the Wah-
peton and Sisseton reservation, and all that
strip OF territory now included between the
north line of the counties Of Day and Roberts
and the forty sixth parallel of north latitude.
Fourth circuit-The counties of Beadle, san
born, Dawson, Aurora, Brule, Buffalo, Jerauld
and Hanson.
Fifth c~ircuit-The counties of Brown, Hand,
Hyde. Hughes, Sully, Potter, Faux, Edmunds,
WaiWOrth, Campbell. Mcpherson aud pink and
all that portion OF said state lying cast Of the
Missouri liver, not included IN any other Judi
Cial circuit.
Sixth circuit-Al that portion OF the said
state lying west OF the Missouri river.
Sec. 1.-THE legislature may, Whenever two
thirds OF the members OF each house shall con.
cur therein, increase the number OF lldlrlal err
cults and the Judges thereof, and divide the
state INTO judicial circuits accordingly. taking
care that they be formed OF compact trrrtory,
mud IN ltAfrflal ir- Frt TO 1ftn.A lfr GAGl in
crease Of number or change in the boundaries OF
districts shall not work with the removal OF
any Judge from his office during the term ior
which he shall have been elected or appointed.
Sec. ~. Nrits ot error and appeal may be
allowed iro'a the decisions OF the circuit courts
10 the SUI RENE court under suc, regul ations as
may be prescribed - law.
CcUSTY COURTS.
Sec. 10. There shall De elected in each organ
lied county a comfy nudge, who shah be Judge
OF the county court OF said county. whose term
OF office shall be tWo years, or until otherwise
provided 10y law.
Sec. 20. County courts shah be courts OF rec
ord ana shall have original jurisdiction in all
matters OF probate guardianship aud settlement
Of the estates of deceased persons and such 9th
er civil ana criminal Jurisdiction aS may be con
ierrcd by law, p%roYidei that such courts shall
not have jurisdiction III any case where the
debt, damage, claim or value OF property IN
vowed shall exceed one thousand dollars, eX-
Cept III matters o. probate guardianship andthe
estates OF deceased persons. Writs OF error and
appeal may be allowed from county to circuit
courts, or to the supreme court in such cases
and in such manner as may be prescribed by
law. provided that no appeal or writ OF error
slall be allowed TO the circuit court from any
judgment rendered upon an appeal from the JUS
tice of the peace or police magistrate for cities
or towns.
Sec. II. The county court shall not have ju-
risdiction III cases OF felony, nor shall criminal
cases therein be prosecuted oy 'alctln-nt; but
they may have such jurisdiction in 2rilninal
matters, not of the grade of felony, as the legis-
lature may prescribe, and the prosecl Mons
therein may be by information or otherwiS as
the legislature may provide.
JUSTICE OF THE PEACE.
Sec. %. justices Of the peace shall have such
jurisdiction as may be conferred by law, but
they shall not have Jurisdiction of any cause
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 III question.
POLICE MAGISTRATE.
Sec. %. The legislature shall have power 70
provide for creating such poice 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 eX-officio
justices of the peace for their respective coun-
ties.
STATES ATTORNEY.
Sec. 24. The legislature shall have power to
provide for states attorneys and 10 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 at the
tine OF his election be at least % years of age
and possess all the other qualifications for
judges o. circuit courts as prescribed ia this al
ticie.
MISCELLANEOUS.
Sec. %. No person shall be eligible TO the Of
flee OF Judge OF the circuit court or county
courts unless he be learned in the law, be at
least twenty-five years OF age, and a citizen OF
the United States; nor unless he shall have re-
sided in this state or territory at least one year
next preceding his election, and at the time of
his election be a resident Of the county or cir
emit 90 the ga - may bp for which ba Ia elacta1