The Sidney herald., 1962-08-22
LEGAL NOTICES

Copy of full text of publication
CHAPTER 121, LAWS OF MONTANA
1861
AN ACT TO SUBMIT TO THE
QUALIFIED ELECTORS OF MON
CONSTITUTION OF MONTANA TO
ELIMINATE THE CONSTITUTIONAL
STATUS OF JUSTICE OF THE
PEACE COURTS. POLICE COURTS
AND MUNICIPAL COURTS BY DE-
LETTING CERTAIN SPECIFIC REF
ERENCES TO SUCH COURTS IN THE
Sections 8 AND q. ARTICLE III
AND SECTIONS 1 AND "a, ARTI-
Gle VIII AND BY REPEATING SEC
rlONS ~. p, D. % and "a, ARTICLE
VIII.
BE TT 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
lana 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
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 h 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 ~inviolate. 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 sue 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-
tions and in all criminal cases not
amounting 10 felony, twO-thirds IN
number of the jury may render q
verdict. and such verdict so rendered
shall have h same force and ef-
feet as if all such jury concurreo
therein"
Section 3. Section l, article VIII o.
the constitution of the state of Mon
tana is amended to read as follows
Section 1. The judicial power o.
the state shall be vested in the senate
sitting as a court of impeachment, II
a supreme court, district courts. anC
such other courts as the Legislative
assembly may establish"
Section 4. Section "a. article VII
of the constitution of the state o
Montana is amended TO read as fol
lows:
Section "a. Vacancies in the offic,
of justice of h supreme court. o.
judge of the district court, n clerl
of the supreme court, shall be filleS
by appointment, by the governor o
the state. and vacancies in the of
ficeS of cosnty attorney. AND clerl
of the district court, shall be filles
by appointment. by the board o
county commissioner of the count,
where such vacancy occurs A perSol
appointed TO fill any such vacanc.
shall hold his office until the mex
general election and until ms sue
ceSSor Is elected and qualified.
person elected TO 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, %. 2:
and "a. article VIII of the constitu
o of the state of Montana are re
pealed.
Section 6. When this amendment !
submitted 30 the electors Of the stat
of Montana as provided by law Their
shall be printed on the ballot tn
fun title inc the first five section
of this act and the following words
u Fol 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