The Sidney herald., 1962-08-08
LEGAL NOTICE

Copy OF fun text of publication.
CHATTER III, LAWS OF MONTANA
AN ACT TO iy SUBMIT To THE
QuaLlh-ED ELECIOreo Or MON
TANA AIN AMENDMENT TO THE
CONSTITUTION OF MONTANA TO
ELIMINATE THE CONSTITUTIONAL
STATUS OF JUSTICE OF THE
AND MUNICIPAL COURTS BY DE-
LETTING CERTAIN SPECIFIC REF
EhENSES 10 SUCH COURTS IN THE
SUBSTITUTION BY AMENDING
SECTIONS 8 AND %. ARTICLE III
SECTIONS l AND "a, ARTI-
Gle VIII AND BY REPEATING SEC
VIII.
BE IT ENACTED BY THE LEG1s-
LA1IVE ASSEMBLY OF THE STATE
OF MONTANA:
Section 1. Section 8. article III of
the constitution of the State of Mon
tana Is amended TO read as follows:
section 3. 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 shal be prosecuted by Indictment
without such examination or commit
ment. or without such leave of ne
court. A grand jury shall consist of
seven persons, of whom five must
concur TO find an indictment.
"A grand jury shall only be drawn
judge shall, in his discretion, con-
slider 1t necessary, and shall so order"
Section 2. Section %. article III of
the constitution Of h State of Mon
tana Is amended TO read as follows:
section 70. The right of trial by
/ l1ITU Lh4H ha 0nafHRgd - oil AAI -
main ~invlolate, but in all civil cases
and IN all criminal cases not amount
ing TO 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
verdict, and c verdict so rendered
shall have the same force and eff
feet as If all such jury concurred
therein"
Section 3. Section /. article VIII OF
the constitution of the state of Mon
tana is amended TO read as follows.
Section l. The judicial power Of
the state shall be vested in the senate
sitting as a court of impeachment, IT
a supreme court, district courts, anC
such other courts as the Legislative
assembly may establish"
Section A.. Section "a, article VII
of the constitution of the state o
Montana is amended 10 read as fol
lows:
Section "a. Vacancies in the offic,
of justice of the supreme court. O
judge of the district court, or clerl
of the supreme court, shall be flle'
by appointment, by the governor o
the state, and vacancies in the of
fees of county attorney. AND clerl
of the district court, shall be fiHe'
by appointment, by the board o
county commissioners of the count,
where such vacancy occurs A persol
appointed TO fill any Such vacanc.
!, shall hold his office until h mex
general election and until his sue
/ cesSor is elected and qualified. !
person elected 10 fill a vacancy shal
/ hold office until the expiration of tn
term for which the person he sue
: ceeds was elected"
Section 5. Sections 20. 81. p. ?.
and "a. article VIII of the constitu
: ton Of the state of Montana are re
pealed.
Section 6. When this amendment
submitted 10 the electors OF the stat
Of Montana as provided by law ther
shall be printed ON the ballot. IN
fun title and the first five sector
: of this act and the following word,
For the above amendment an
!, repeal.
n Against the above amendmeI
and repeal.
4 Approved March 2. 1861.
e UNITED STATES OF AMERICAl
n )ss.
o STATE OF MONTANA
I. Frank Murray Secretary of Sta
Y of the State of Montana, do heret
e certify that the foregoing is a tn
and correct copy OF Chapter II
Laws of Montana of 1861.
t IN TESTIMONY WHEREOF, / ha'
Il hereanto set my hand and affixs
i the Great Seal of the State of Montal
this twelfth day of July, A. ID, l9t
e FRANK MURRAY
y Secretary of Sta