Wessington Springs herald. (Wessington Springs, Aurora County, Dakota [S.D.]) 1883-1891, 1889-09-20

sec. y. The county court shall NOT h.va ir.,.
thera IN cases OF felony nor shall criminal cas-
NAV s,e,n ne prosecuted by indctment but they
not Of the grade of felony ae the iegislatnre 70
bv in.ae e, ana the prosecutions therein NAV bs
Dy information or otherwise as the lepisiatnrs
may provide. s.0A"'"te
Co. -, JUSTICE OF THE PEACE.
sec ~. Justices of the peace shall have sucb
sho as may be conferred by law, but they
ths nc nave Jurisdiction of any cause wherein
tno, sa1ue OF the property or the amount in con
s.osefsy exceeds the sum of one hundred dollars
oh TIere tne boundaries or title to real property
snail he called in question, f'
| POLICE MAGISTRATE.
sec y. The legislature shall have no ger Ia
provide for creating such police magistrate for
Tine ana towne as may be deemed from time to
@ necessary, who shall have jurisdiction of ali
cases arising under the ordinances of such cities
tato owns respectively, and such police mags-
~ s may also be constituted exotcio justices
VI ene peace tor their respective countless
g. STATES ATTORNEY.
sec. p. The legislature shall have power to
t; TOT state attorneys and to prescribe their
snai he eligible to the office of attorney general
Of states attorney who shall not at the time of
and ans eesion be at least
OF circuit courts as prescribed in this article.
| MISCELLANEOUS.
sec: s5 No person shall be eligible to the Of
sss ne be learned in the law, be at least twenty
H I'VE years OF age, and citizen of the United
states; nor unless he shall nave resided in this
ing hs election, and at the time of his election be
resident of the county or circuit, as the case
may De, tor which he Is elected
cut courts and county courts shall be chosen at
the first election held under the provisions of this
constitution and thereafter az provided by law,
OF such oficere on different day from that on
which ap election is held for any other purpose,
and ana may fo5 the purpose Of making such provi
OF such judges then holding, but not in any case
more than six months. The term of office of ali
Judges OF circuit COURTS elected in the several u
| on the same day.
Sec e. The time of holding courts within
said judicial circuits aud counties shall be as pro-
court shall be held annually in each organized
county and the legislature shall make provision
TOR attaching unorgaaized counties OF territory
to organized counties for judicial purposes.
Sec, %. Special terms of said courts may be
held under such regulations as may be provided
by law.
hold court in other circuits than their own, I'M
der such regulations as may be prescribed by law.
Sec: 80: The judges OF the supreme court, cir
such salary as may be provided by law, consistent
with this constitution, and no such Judge shall
receive any compensation, perqnisite or emolu-
whatever, except such salary; provided, that
| county judges may accept and receive such fees
az may be allowed under the land laws of the
| United States.
Sec. 81. No judge of the supreme court or Cir
cults shall act as attorney or couneelor-at-law
nor shall any county judge act as an attorney or
counselor at law In any case which is or may be
brought into his court or which may be appealed
therefrom.
Sec, 80. There shall be clerk of the circuit
court in each organized county who shall also be
ed by the qualified electors of such county. The
duties and compensation of said clerk shall be
as provided by law and regulated by the rules of
the court consistent with the provisions
of law.
Sec. 33. Until the legislature shall
provide by law for fixing the terms OF
courts, the judges of the supreme circuit
! and county courts respectively shall fix
the terms thereof.
shall be general and of uniform operation
throughout the state, and the organiza-
ton, jurisdiction, power, proceedings
class or grade, so far as regulated by law,
ings, judgments ard DEGREES of such
courts severally shall be uniform; provid-
ed, however, that the legislature may
population of the respective counties and
Judges thereof accordingly.
Sec. 35. No judge of the supreme or
circuit courts shall ever be elected to any
other than judicial Office, OF be eligible
thereto, during the term for which he
was elected such judge. All votes for
either of them during such terms for any
elective office, except that of judge Of the
supreme court, circuit court, county
court given by the legislature OF the peo-
pie, shall be void.
Sec. 36. All judges or other officers OF
the supreme, circuit or county courts pro
vided for in this article shall hold their
offices until their successors respectively
are elected or appointed and qualified.
Sec 81 All officers provided for in
this article shall respectively reside in the
district, county, precinct, city or town for
which they may be elected or appointed.
Vacancies in the election of offices provid-
ed for in this article shall be filled by ap-
pointment until the next general election
as follows: All judges Of the supreme,
circuit and county courts by the governor.
All other judicial and all other officers
of the county board OF the counties where
the vacancy occurs in cases of police mag
istrates by the municipality.
Sec. 80. All process shall run in the
name of the estate of South Dakota
All prosecutions shall be carried on in the
name Of and by authority of the estate Of
South Dakota"
ARTICLE vi.
BILL OF RIGHTS.
Sec. 1. All men are born equally free
and independent, and have certain inner
ent rights, among which are those of en-
joying and defending life and liberty, OF
acquiring and protecting property and
the pursuit of happiness. To secure
these rights governments are instituted
among men, deriving their just powers
from the consent of the governed.
Sec. 2. No person shall be deprived OF
life, liberty OF property without due pro-
cess of law.
Sec. 3. The right to worship God &C
cording to the dictates of conscience shall
never be infringed. No person shall be
denied any civil or political right, priv
ilege or position on account OF his rellg-
ious opinions; but the liberty OF consci-
ence hereby secured shall not be SO con
strued as to excuse RIGHTEOUSNESS, the in
vasion of the rights of others, or justify
practices inconsistent with the peace or
safety of the state.
No person shall be compelled to attend