The Sidney herald., 1962-09-05

.A1NR1 VI III A1aN " EaoAAge /
CHAPTER 121, LAWS OF MONTANA
1861
AN ACT TO SUBMIT TO THE
QUALIFIED ELECTORS OF MON
TANA AN AMENDMENT TO THE
CONSTITUTION OF MONTANA TO
PEACE COURTS. POLICE COURTS
AND MUNICIPAL COURTS BY DE-
LETTING CERTAIN SPECIFIC REF
BRENCES TO SUCH COURTS IN THE
s sSNSTGTgT J AND R 3. AR AMcHRT M
AND SECTIONS l AND "a. ARTI-
Gle VIII AND BY REPEATING SEC
TIONS 20. 81, %. % and "a, ARTICLE
VIII.
BE IT 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 70 read as folows:
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 shall be prosecuted by indictment
without such examination or commit
AAAAAAAH VI N~NsA0& @N
court. A grand jury shall consist Of
seven persons, of whom five must
concur 10 find an indictment.
"A grand jury shall only be drawn
and summoned when the district
Judge shall, in his discretion. con-
slider il necessary. and shall so order
Section 2. Section %. article III of
the constitution of the State of Mon
ANA is amended TO read as follows:
Section q. The right of trial by
Jury shall be secured to all. and re-
main inviolate. but in all civil cases
and in all criminal cases not mount
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-
lions and in all criminal cases not
amounting TO felony, two-thirds in
number of the jury may render a
verdict, INK such verdict so rendered
shall have the same force n eff
feet as il 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 o.
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 A. Section "a, article VII
of the constitution of the state o
Montana is amended to read as fol-
lows:
Section 81. Vacancies in the office
of Justice of the supreme court. o.
Judge of the district court, or CLERK
of the supreme court, shall be filled
by appointment, by he governor o.
the state, and vacancies IN tne OF
fees of county attorney, AND clerl
of the district court, shall be filleC
by appointment, by the board o
county commissioners 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. Z
person elected to fill a vacancy shall
hold office until the expiration of tn
term for which the person he sue
ceeds was elected"
Section 5. Sections 20. q, p. 2;
and "a, article VIII of the constltu
ton of the state of Moptana are re
pealed.
Section 6. When this amendment
submitted TO the electors of the stat
of Montana as provided by law ther
shall be printed on the ballot tn
fun title and the first five section
of this act and the following words
q For the above amendment an
repeal.
Against the above amendmer
and repeal.
Approved March 2, 1861.
UNITED STATES OF AMERICAN
)ss.
STATE OF MONTANA
/. Frank Murray Secretary of Stat
of the State of Montana, do hereb
certify that the foregoing IS a tru
and correct copy of Chapter u
Laws of Montana of 1861.
IN TESTIMONY WHEREOF, / hay
hereunto set my hand and affiXe
the Great Seal of the State of Montan
this twelfth day of July, A. D., 1876
FRANK MURRAY
Secretary OF Stai