ARTICLE VIII.

JUDICIAL DEPARTMENTS.

SECTION I. The judicial power of the State shall be vested in the Senate sitting as a court of impeachment, in a Supreme Court, District Courts, Justices of the Peace, and such other inferior courts as the Legislative Assembly may establish in any incorporated city or town.

SUPREME COURT.

SEC. 2. The Supreme Court, except as otherwise provided in this Constitution, shall have appellate jurisdiction only, which shall be co-extensive with the State, and shall have a general supervisory control over all inferior courts, under such regulations and limitations as may be prescribed by law.

SEC. 3. The appellate jurisdiction of the Supreme Court shall extend to all cases at law and in equity, subject, however, to such limitations and regulations as may be prescribed by law. Said Court shall have power in its discretion to issue and to hear and determine writs of habeas corpus, mandamus, quo-warranto, certiorari, prohibition and injunction, and such other original and remedial writs as may be necessary or proper to the complete exercise of its appellate jurisdiction. When a jury is required in the Supreme Court to determine an issue of fact, said Court shall have power to summon such jury in such manner as may be provided by law. Each of the Justices of the Supreme Court shall have power to issue writs of habeas corpus to any part of the State, upon petition by, or on behalf of, any person held in actual custody, and may make such writs returnable before himself, or the Supreme Court, or before any District Court of the State or any Judge thereof; and such writs may be heard and determined by the Justice, or Court, or Judge, before whom they are made returnable. Each of the Justices of the Supreme Court may also issue and hear and determine writs of certiorari in proceedings for contempt in the District Court, and such other writs as he may be authorized by law to issue.

SEC 4. At least three terms of the Supreme Court shall be held each year at the seat of government.

SEC 5. The Supreme Court shall consist of three Justices, a majority of whom shall be necessary to form a quorum or pronounce a decision, but one or more of said Justices may adjourn the court from day to day, or to a day certain, and the Legislative Assembly shall have the power to increase the number of such Justices to not less nor more than five.

SEC. 6. The Justices of the Supreme Court shall be elected by the electors of the State at large, as hereinafter provided.

SEC. 7. The term of office of the Justices of the Supreme Court, except as in this Constitution otherwise provided, shall be six years.

SEC. 8. There shall be elected at the first general election, provided for by this Constitution, one Chief Justice, and two Associate Justices of the Supreme Court. At said first election the Chief Justice shall be elected to hold his office until the general election in the year one thousand eight hundred ninetytwo (1892), and one of the Associate Justices to hold his office until the general election in the year one thousand eight hundred ninety-four (1894), and the other Associate Justice to hold his office until the general election in the year one thousand eight hundred ninety-six (1896), and each shall hold until his successor is elected and qualified. The terms of office of said Justices, and which one shall be Chief Justice, shall at the first and all subsequent elections be designated by ballot. After said first election one Chief Justice or one Associate Justice shall be elected at the general election every two years, commencing in the year one thousand eight hundred ninety-two (1892), and if the Legislative Assembly shall increase the number of Justices to five, the first terms of office of such additional Justices shall be fixed by law in such manner that at least one of the five Justices shall be elected every two years. The Chief Justice shall preside at all sessions of the Supreme Court, and in case of his absence, the Associate Justice having the shortest term to serve shall preside in his stead.

SEC. 9. There shall be a Clerk of the Supreme Court, who shall hold his office for the term of six years, except that the Clerk first elected shall hold his office only until the general election in the year one thousand eight hundred ninety-two (1892), and until his successor is elected and qualified. He shall be elected by the electors at large, of the State, and his compensation shall be fixed by law, and his duties prescribed by law, and by the rules of the Supreme Court.

SEC. 10. No person shall be eligible to the office of Justice of the Supreme Court unless he shall have been admitted to practice law in the Supreme Court of the Territory or State of Montana, to be at least thirty years of age, and a citizen of the United States, nor unless he shall have resided in said Territory or State at least two years next preceding his election.

DISTRICT COURTS.

SEC. II. The District Courts shall have original jurisdiction in all cases at law, and in equity, including all cases which involve the title or right of possession of real property, or the legality of any tax, impost, assessment, toll or municipal fine, and in all cases in which the debt, damage, claim or demand, exclusive of interest, or the value of the property in controversy exceeds fifty dollars; and in all criminal cases amounting to felony, and in all cases of misdemeanor not otherwise provided for; of actions of forcible entry and unlawful detainer; of proceedings in insolvency; of actions to prevent or abate a nuisance; of all matters of probate; of actions of divorce and for annullment of marriage, and for all such special actions and proceedings as are not otherwise provided for. And said courts shall have the power of naturalization, and to issue papers therefor, in all cases where they are authorized so to do by the laws of the United States. They shall have appellate jurisdiction in such cases arising in justices and other inferior courts in their respective districts as may be prescribed by law, and consistent with this Constitution. Their process shall extend to all parts of the State, provided that all actions for the recovery of, the possession of, quieting the title to, or for the enforcement of liens upon

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real property, shall be commenced in the county in which the real property, or any part thereof, affected by such action or actions, is situated. Said courts and the judges thereof shall have power, also to issue, hear and determine writs of mandamus, quo warranto, certiorari, prohibition, injunction and other original and remedial writs, and also all writs of habeas corpus on petition by, or on behalf of, any person held in actual custody in their respective districts. Injunctions, writs of prohibition and habeas corpus, may be issued and served on legal holidays and non-judicial days.

SEC. 12. The State shall be divided into Judicial Districts, in each of which there shall be elected by the electors thereof one Judge of the District Court, whose term of office shall be four years, except that the District Judges first elected shall hold their offices only until the general election in the year one thousand eight hundred and ninety-two (1892), and until their successors are elected and qualified. Any Judge of the District Court may hold court for any other District Judge, and shall do so when required by law.

SEC. 13. Until otherwise provided by law the Judicial Districts of the State shall be constituted as follows: First district, Lewis and Clarke county; Second district, Silver Bow county; Third district, Deer Lodge county; Fourth district, Missoula county; Fifth district, Beaverhead, Jefferson and Madison counties; Sixth district, Gallatin, Park and Meagher counties; Seventh district, Yellowstone, Custer and Dawson counties; Eighth district, Choteau, Cascade and Fergus counties.

SEC. 14. The Legislative Assembly may increase or decrease the number of Judges in any Judicial District, provided, that there shall be at least one Judge in any district established by law; and may divide the State, or any part thereof, into new districts, provided, that each be formed of compact territory and be bounded by county lines, but no changes in the number or boundaries or districts shall work a removal of any Judge from office during the term for which he has been elected or appointed.

SEC. 15. Writs of error and appeals shall be allowed from the decisions of the said District Courts to the Supreme Courts under such regulations as may be prescribed by law.

SEC. 16. No person shall be eligible to the office of Judge of the District Court unless he be at least twenty-five years of age and a citizen of the United States, and shall have been admitted to practice law in the Supreme Court of the Territory or State of Montana, nor unless he shall have resided in this State or Territory at least one year next preceding his election. He need not be a resident of the district for which he is elected at the time of his election, but after his election he shall reside in the district for which he is elected during his term of office.

SEC. 17. The District Court in each county, which is a Judicial District by itself, shall be always open for the transaction of business, except on legal holidays and non-judicial days. In each district where two or more counties are united, until otherwise provided by law, the Judges of such districts shall fix the term of court, provided, that there shall be at least four terms a year held in each county.

SEC. 18. There shall be a Clerk of the District Court in each county, who shall be elected by the electors of his county. The Clerk shall be elected at the same time and for the same term as the District Judge. The duties and compensation of the said Clerk shall be as provided by law.

COUNTY ATTORNEYS.

SEC. 19. There shall be elected at the general election in each county of the State one County Attorney, whose qualifications shall be the same as are required for a Judge of the District Court, except that he must be over twenty-one years of age, but need not be twenty-five years of age, and whose term of office shall be two years, except that the County Attorneys first elected shall hold their offices until the general election in the year one thousand eight hundred and ninety-two (1892), and until their successors are elected and qualified. He shall have a salary to be fixed by law, one-half of which shall be paid by the State, and the other half by the county for which he is elected, and he shall perform such duties as may be required by law.