The Sidney herald., 1962-09-12
LEGAL NOTICES

Copy of fun text of oubI;c,.o.>
CHAPTER l2l, LAWS OF MONT1N1
AN ACT TO 1851 S11Rc1rr -
QUALIFIED ELECTORS OF M IaE
TANA AN AMENDMENT To "t TIHr
CONSTITUTION OF MONTANA NO
ELIMINATE THE CONSTTTUTIoNAGG
SIAIeS OF JUSTICE OF THE
AND MUNICIPAL COURTS Nv kRIES
LETTING CERTAIN SPECIFIC REFE-
E6ESGES 10 SUCH COURTS IN THE
CONSTITUTION BY ANfENDING
SECTIONS 9 AND %. ARTICLE III
LIE VIII AND BY REPEAITNc SE6
TONS 20 p. %. % and "a, ARTICLE
BE IT ENACTED BY THE LEcrs-
LAT5X go ASSEMBLY, OF THE STATE
Section /. Section 8. article III of
the constitution of the State of Mo-
tana IS amended TO read as follows.
section 3. Criminal offenses shan
an al courts interior 10 the district
court be prosecuted by complaint Ali
criminal actions in the district CONT
except those on appeal. shall he nros,
ecuted by information, after exan5ins-
hon ana commitment by a magistrate
or atter leave granted by the col1rt
or shall be prosecuted bv indictNoar.
without such examination or comnoit-
ment, or such leave az five
court. A grand jury shall consist OF
seven persons, Of whom five must
concur 70 find an indictment.
"A grand jury shall only be drawn
ana summoned when the district
ludse snail, IN his discretion. con-
slider II necessary. and shall so order ;,
section :. Section %, article III of
Ile constitution of the State OF Mon
tana IS amended TO read as foiioNvs.
section 3. The right of trial bv
jury snaH be secured to all, and re-
man lnVlolate, but in an civil cases
ana IN al criminal cases not amolInt-
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 iury NAV
pc waived, or a trial had by any
less number of jurors than the num-
Der provided by law. In an civil &C
uons ana IN all criminal cases not
amounting TO felony, two-thirds i'm
number of the jury may render a
Nerdict, and such verdict so rendered
sn1n nave the same force and ef-
feet as if all such jury
therein"
Section 3. Section 1. article VIII of
me constitution of the state of Nom
tana IS amended TO read as follows.
section j. Ihe judicial power Of
The state shall be vested i'm the senate
sitting as a court of Impeachment. in
q supreme court, district courts. and
guch other courts as the legislative
0a1N-AARAI AAAaN
Section 4. Section "a, article VIII
OF the constitution of the state of
lows:
Section "a. Vacancies in the office
OF justice of the supreme court. or
judge of the district court, or clerk
Of the supreme court, shall be filled
BY appointment, by the governor OF
the state, and vacancies in the Of
hces OF county attorney. AND clerk
MN the HHEffsfAF 90 .l.fT II nm
BY appointment, by the board OF
county commissioners of the county
where such vacancy occurs. A person
appointed 10 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
mold office until the expiration of the
term for which the person he sue
eeeds was elected"
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 TO the electors of the state
Of Montana as provided by law there
snail be printed on the ballot the
fun title and the first five section,
Of this act and the following words.
q For the above amendment and
q Against The above amendment
and repeal.
Approved March ?, 1861.
UNITED STATES OF AMERI-A)
)ss.
STATE OF MONTANA
I. Frank Murray Secretary of Stat
of the State of Montana, do hereb,
certify that the foregoing is a truI
and correct copy of Chapter III
Laws of Montana of 1851.
IN TESTIMONY WHEREOF. I hav
hereuntO set my and and affiXe'
the Great Seal of the State of Montan
this twelfth day of July. A. d.. 1876.
FRANK MURRAY
Secretary of Stat