The Sidney herald., 1962-09-26
Copy of full text of publication
CHAPTER 121, LAWS OF MONTANA
1861

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CHAPTER 121, LAWS OF MONTANA
AN ACT TO SUBMIT TO THE
QUALIFIED ELECTORS OF MON
TANA AN AMENDMENT TO THE
SUBSTITUTION OF MONTANA TO
ELIMINATE THE CONSTITUTIONAL
STATUS OF JUSTICE OF THE
FEACE COURTS, POLICE COURTS
AND MUNICIPAL COURTS BY DE-
LETTING CERTAIN SPECIFIC REF
CONSTITUTION BY AMENDING
SECTIONS 3 AND %. ARTICLE III
AND SECTIONS l AND "a, ARTT-
Gle VIII AND BY REPEATING SEC
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 to read as follows:
section 8. Criminal offenSes Shall.
IN all courts inferior 10 the district
court. be prosecuted by complaint. All
criminal actions in the district court.
except nos on appeal, shall be pros
scuted oy information, after examina-
ton and commitment by a magistrate.
or after leave granted by the court
or nall be prosecuted by Indictment
wltnout 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 % find an indictment.
a grand jury shall only De drawn
ana summoned when the district
Judge shall. in his discretion, con-
Slder II necessary, and shall so order"
Section 2. Section %, article III OF
the constitution of the State OF Mon
tana as amended 20 read as follows:
Section %. The right of trial bv
jury Shall be secured TO all, and re-
main ~lnvlolate. but in all civil cases
and In all criminal cases not amounts
ing 70 feSony, upon default of p
n 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
to felony, two-thirdS in
number of the jury may render a
verdlcs. and such verdict so rendered
shall have h same force and eff
feet as If all such jury concurred
therein"
Section 3. Section 1, article VIII of
the constitution OF the state OF Mon
tana is amended 10 read as follows:
Section l.. The judicial power of
the state shall be vested in the senate
sitting 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
ftces OF county attorney, AND clerk
of the district court. shall be filled
by appointment. by the board of
county commissioners of the county
where such vacancy Ct A person
appointed to fill any such vacancy
shall hold his office until the next
general election and until his sue
cessor is elected n qualified. A
psrson elected 70 fill a vacancy shall
hold office until the expiration of the
term for which the person he sue
ceeds 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 is
submitted 10 the electors Of the state
of Montana as provided by law there
shall be printed on the ballot the
full title and the first five sections
of this act and the following words:
q For the above amendment and
repeal.
q Against the above amendment
and repeal.
Approved March 2, 1861.
UNITED STATES OF AMERICAN
)Ss.
STATE OF MONTANA
/. Frank Murray Secretary of State
of the State of Montana, do hereby
certify nat the foregoing is a true
and correct copy of Chapter 12l,
Laws of Montana of 1861.
IN TESTIMONY WHEREOF, / 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
CHA DIrErR 1cH IANC OF