The Sidney herald., 1962-08-15
LEGAL NOTICES
Copy of fun text of publications.
CHAPTER 121, LAWS OF MONTANA

Copy of full text of publications..
CHAPTER 121, LAWS OF MONTANA
AN ACT TO SUBMIT TO THE
QUALIFIED ELECTORS OF MON
TANA AN AMENDMENT TO THE
ELIMINATE THE CONSTITUTIONAL
STATUS OF JUSTICE OF THE
PEACE COURTS. POLICE COURTS
AND MUNICIPAL COURTS BY DE-
LETTING CERTAIN SPECIFIC REF
ERENSES TO SUCH COURTS IN THE
SECTIONS 8 AND g. Article III
AND SECTIONS l AND "a, ARTI-
GLE VIII AND BY REPEATING SEC
TIONS 20. 81, D. % and a, ARTICLE
VIII.
BE IT ENACTED BY THE LEGIs-
LATIVE ASSEMBLY OF THE STATE
OF MONTANA:
Section /. Section 8. article III of
the constitution of the State of Mon
AM is amend ID 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 those on appeal, shall be pros
ecuted by information, after eXam1na-
ton and commitment by a magistrate,
or after leave granted by the court.
or snail be prosecuted by Indictment
WltflOul SUCH GNallllldlAOn Ol NolilllAL-
ment, or without such cav of the
court. A grand jury shall consist of
seven persons, of whom five must
concur TO 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 ?. Section %, article III of
the constitution of the State of Mon
ana 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 mount
ing to felony, upon default of appear
ance. 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
amounting TO felony, two-thirds in
number of the jury may render a
verdict. and such verdict 50 rendered
shall have the same force and ef-
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 /. 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 4. Section "a, article VIII
of the constitution of the state OF
Montana is amended 10 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
fees of county attorney, AND clerk
of the district court, shall be filled
by appointment, by the board oil
county commissioners of the county
where such vacancy occurs. A person
appointed to 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 to 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 s. When this amendment il