The Sidney herald., 1962-08-29
LEGAL NOTICES

-(Copy OF fun text of pubIication,
III, LAWS OF MONTANA
AN ACT TO iy SUBMIT To TIN
QUALIFIED ELECTORS OF NON.
TANA AN AMENDMENT TO THnF
IONS IIIUTION OF MONTANA TC
ELIMINATE THE CONSTITJTTTONAT
STATUS OF JUSTICE OF THE
kEACE COURTS. POLICE COURTS
AND MUNICIPAL COURTS BY M
LETTING CERTAIN SPECIFIC REF
EhENCES TO SUCH COURTS IN THF
CONSTITUTION BY AMENDING
SECTIONS 3 AND %. ARTICLE IN
AMI SECTIONS l AND "a. ARTT-
Gle VII AND BY REPEATING SEC
VIII.
BE IT ENACTED BY THE LBGIs-
LATIVE ASSEMBLY OF THE STATF
OF MONTANA:
Section /. Section 3. article III Of
the constitution of the State of Mon
tana IS amended TO read as follows:
section 3. Criminal offenses shlI.
IN an courts inferior TO the distc.c.
court be prosecuted by complaint. All
criminal actions il the district cont
except those on appeal, shall be pres
ecuted by information, after amin
tion and commitment by a magistrate.
or after leave granted by the court
OF snail De prosecuted by indictment
1888 1NAAAAAAA4AAOA OK EOIUInII=
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
ana when the district
Judge shall, in his discretion. con-
Sloer IL necessary. and shall so order"
Section 2. Section %, article III of
tne constitution of the State OF Mon
lana is amended TO read as follows:
Section %. The right of trial bv
jury shall be secured TO all. and re-
main mvlolate. but in all civil cases
ana IN all criminal cases not mount
ing TO felony, upon default of ppe
ance. or by consent of the parties
expressed IN such manner as the law
may prescribe, a trial by Jury NAV
be waived, or a trial had by n
less number of jurors than the num-
Der provided by law. In all civil ac-
ions and in all criminal cases not
amounting TO felony, two-thirds in
nulDer OF the jury may render a
verdict, n such verdict so rendered
shaH have the same force and ef-
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
slttlng as a court of impeachment, in
a supreme court. district courts, and
such other courts as the legislative
assembly may establish"
Section A.. Section "a, article VIII
Of the constitution of the state of
Montana Is amended to read as fol-
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
tces of county attorney, AND clerk
OF the district court, shall be filled
oy appointment, by the board of
county commissioners of the county
where such vacancy occurs. A person
appointed to fill any such vacancy
shall hold his office until the next
general election and until his sue
ceSSor IS elected and qualified. A
person elected to fill a vacancy shall
mold office until the expiration of the
term Tor which n person he sue
ceeds was elected
Section 5. Sections 20, 81, %. %.
and q. article VIII of the constitu-
ton of the state of Montana are re-
pealed.
Section 6. When this amendment is
submitted TO the electors of the state
of Montana as provided by law there
shall be printed on the ballot the
fun title and the first five sections
of this act and the following words:
u For tie above amendment and
repeal.
q Against the above amendment
and repeal.
Approved March 2, 1861.
UNITED STATES OF AMERICA
)ss.
!, Frank Murray. Secretary of State
OF the State of Montana, do hereby
certify that the foregoing is a true
correct copy of Chapter l2f,
Laws of Montana of 1861.
IN TESTIMONY WHEREOF, I have
hereunto set my hand and affixed
the Great Seal of the State of Montana
this twelfth day of July, A. D., 1862.
FRANK MURRAY
Secretary of State