The Sidney herald., 1962-10-24

Copy of full text of publication)
CHAPTER 121, LAWS OF MONTANA

AN ACT TO SUBMIT TO THE
TANA AN AMENDMENT TO THE
CONSTITUTION OF MONTANA TO
sTATHs Or THE JU sTNSTlT OF TAE
PEACE COURTS, POLICE COURTS
AND MUNICIPAL COURTS BY DE-
LETTING CERTAIN SPECIFIC REF
ERENCES TO SUCH COURTS IN THE
S eGSTToTg ! AND g y. AR AFIGHPIH nj
AND SECTIONS / AND "a. ARTI-
Gle VIII AND BY REPEATING SEC
TONS 20. 81, D. % and "a. ARTICLE
VIII.
BE TT ENACTED BY THE LEGIS-
LATTVE ASSEMBLY OF THE STATE
OF MONTANA:
Section i. Section 8. article III of
the constitution of the State of Mon
tana is amended 10 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 shall be prosecuted by indictment
without such examination or omm1t
ment. or without such leave of the
court. A grand jury shall consist OF
seven persons. of whom five must
concur to find an Indictment.
"A grand jury snail only be drawn
and summoned when the district
Judge shall. in his discretion, con-
Section 2. Section %. article III Of
The constitution of the State of Mon
tana is amended TO read as follows
Section %. h right of trial By
jury shall be secured to all. and re
main inviolate. but in all civil case.
and in all erfnafna1 aoacac not annn1rnf
ing TO felony, upon default of appear
ice or by consent of the paries
expressed in such name as the Law
may prescribe, a trial by jury ma,
be waived, or a trial had by an,
less number of jurors than the mum
Der provided by law. In all civil ac
ions and in all criminal cases no
amounting 10 felony, two-thirds II
number of the jury may render
verdict, and such verdict 81 rendere'
feet as If all such jury concurre'
therein"
Section 3. Section /, article VIII O
, the constitution of the state of Mon
, tana is amended TO read as follows
Section l.. The judicial power G
the state shall be vested in n senat
sitting as a court of impeachment.
: a supreme court, district courts, an
I such other courts as the Legislative
6 assembly may establish"
Section a. Section "a, article vi
. of the constitution of the state {
I Montana is amended TO read as 70
lows:
Section "a. Vacancies in the offic
of Justice of the supreme court. {
judge of the district court. or cler
of the supreme court, shall be file
: by appointment, by the governor
d the state. and vacancies in the o
G fees of county attorney. AND cler
4 of the district court, shall be file
by appointment. by the board
county commissioner of the count
where such vacancy ccurs A persc
appointed to fill any such vacanS
II shall hold his office until the ne,
general election and until his su
cessor is elected and qualified.
person elected 10 fill a vacancy Shs
hold office until the expiration of II
a term for which the person he su
81 ceeds was elected"
Section 5. Sections 20, 81, %. (:
n and "a. article VIII of the conStit
= ton of the state of Montana are T
III pealed.
Section 6. When this amendment
ir submitted 30 the electors of the sta
of Montana as provided by law the
shall be printed on the ballot Z
fun title and the first five sectio
of this act and the following wore
le u For the above amendment al
is repeal.
/; q Against the above amendme
l. and repeal.
v Approved March 2, 1861.
ID UNITED STATES OF AMERICA)
I'd STATE OF MONTANA