The Sidney herald., 1962-10-03
Copy of fun text of publication)..
CHAPTER 121, LAWS OF MONTANA

-lCopy OF fun text of publication).
CHAPTER l21, LAWS OF MONTANA
1861
AN ACT TO SUBMIT TO THE
QUALIFIED ELECTORS OF MON
TANA AN AMENDMENT TO THE
CONSTITUTIONS OF MONTANA TO
ELIMINATE THE CONSTITUTIONAL
STATUS OF JUSTICE OF THE
AND MUNICIPAL courts BY DE.
LETTING CERTAIN SPECIFIC REF
ERENCES TO SUCH COURTS IN THE
CONSTITUTION BY AMENDING
an y SECIIo G sv l AMP a. ARTI-
VIII.
BE 1T ENACTED BY THE LEGIS-
LATIVE ASSEMBLY OF THE STATE
OF MONTANA:
Section l.. Section 8. article III of
the constitution of the State of Mon
tana Is amended to read as follows:
Section 8. Criminal offenses shall.
In all courts inferior to the district
court. be prosecuted by complaint. All
criminal actions in the district court,
except those on appeal, shall be pros
ecuted by information, after examina-
ton and commitment by a magistrate,
or after leave granted by the court,
or snail be prosecuted by indictment
without such examination or commit
ment. or without Such leave of the
court. A grand jury shall consist of
concur 20 find an indictment.
"A grand jury shall only be drawn
and summoned when the district
Judge shall, in his discretion, con-
Slder II necessary, n shall so, order"
Section 2. Section %. article III of
the constitution of the State of Mon
tana IS amended to read as follows:
Section %. The right of trial by
jury shall be secured to all, and re-
main lnvlolate, but in all civil cases
and in all criminal cases not amount
ing 10 felony, upon default of appear
ance. or by consent of the parties
expressed in such manner as the law
may prescribe, a trial by jury may
be waived, or a trial had by any
less number of jurors than the num-
Der provided by law. In all civil ac-
tons and in all criminal cases not
amounting TO felony, two-thirds in
number of the jury may render a
verdlct, n such verdict so rendered
shall have the same force and eff
feet as If all such jury ~concurred
therein"
Section 3. Section 1, article VIII OF
the constitution of the state of Mon
tana is amended TO read as follows
Section /. The judicial power Oh
the state shall be vested in the senate
sitting as a court of impeachment, In
a supreme court, district courts. ano
such other courts as the Legislative
assembly may establish"
Section 4. Section "a, article VIII
OF the constitution of the state ol
Montana is amended to read as fol-
lows:
Section "a. Vacancies in the office
Of justice of the supreme court. OF
judge of the district court, or clerk
of the supreme court, shall be filled
by appointment, by the governor Of
the state, n vacancies in n Of
fees of county attorney, AND clerk
of the district court, shall be fillec
by appointment, by the board Of
county commissioner of the county
where such vacancy occurs. A person
appointed to fill any such vacancy
shall hold his office until the mex
general election and until his sue.
ceSsor is elected and qualified. a
person elected 10 fill a vacancy shall
hold office until the expiration of the
term for which the person he NC
Section 5. Sections 20, 81, %. %
and "a. article VIII Of the constitu
ton of the state of Montana are re
pealed.
Section 6. When this amendment i
submitted 10 the electors of the stat
of Montana as provided by law there
shall be printed on the ballot tbs
fun title and the first five section
of this act and the following words
q For the above amendment anS
repeal.
= Against the above amendmen
and repeal.
Approved March 2, 1861.
UNITED STATES OF AMERICAN
)ss.
STATE OF MONTANA
I. Frank Murray. Secretary of STATE
of the State of Montana, do hereby
certify that the foregoing is a trul
and correct copy Of Chapter l2l
Laws Of Montana of 1861.
IN TESTIMONY WHEREOF. / hav'
hereunto set my hand and affixed
the Great Seal Of the State of MontanI
this twelfth day of July, A. D., 1867
FRANK MURRAY