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Sec. 5. The Supreme Court shall consist of three judges, to be chosen from districts by qualified electors of the State at large, as hereinafter provided.
Sec. 6. The number of said judges and districts may, after five years from the admission of this State under this Constitution be increased by law to not exceeding five.
Sec. 7. A majority of the judges of the Supreme Court shall be necessary to form a quorum or to pronounce a decision, but one or more of said judges may adjourn the court from day to day, or to a day certain.
Sec. 8. The term of the judges of the Supreme Court who shall be elected at the first election under this Constitution shall be four years.
At all subsequent elections the term of said judges shall be six years.
Sec. 9. The judges of the Supreme Court shall by rule select from their number a presiding judge, who shall act as such for the term prescribed by such rule.
Sec. 10. No person shall be eligible to the office of judge of the Supreme Court unless he be learned in the law, be at least thirty years of age, a citizen of the United States, nor unless he shall have resided in this State or territory at least two years next preceding his election, and at the time of his election be a resident of the district from which he is elected ; but for the purpose of re-election, no such judge shall be deemed to have lost his residence in the district by reason of his removal to the seat of government in the discharge of his official duties.
Sec. 11. Until otherwise provided by law, the districts from which the said judges of the Supreme Court shall be elected shall be constituted as follows :
First District — All that portion of the State lying west of the Missouri river.
Second . District — All that portion of the State lying east of the Missouri river and south of the second standard parallel.
Third District - All that portion of the State lying east of the Missouri river and north of the second standard parallel.
Sec. 12. There shall be a clerk and also a reporter of the Supreme Court, who shall be appointed by the judges thereof and who shall hold office during the pleasure of said judges, and whose duties and emoluments shall be prescribed by law, and
by the rules of the Supreme Court not inconsistent with law. The Legislature shall make provisions for the publication and distribution of the decisions of the Supreme Court, and for the sale of the published volumes thereof. No private person or corporation shall be allowed to secure any copyright to such decisions, but if any copyrights are secured they shall inure wholly to the benefit of the State.
Sec. 13. The Governor shall have authority to require the opinions of the judges of the Supreme Court upon important questions of law involved in the exercise of his executive powers and upon solemn occasions.
Circuit Courts. Sec. 14. The Circuit Courts have original jurisdiction of all actions and cases, both at law and in equity, and such appellate jurisdiction as may be conferred by law and consistent with this Constitution ; such jurisdiction as to value and amount and grade of offenses may be limited by law. They and the judges thereof shall also have jurisdiction and power to issue writs of habeas corpus, mandamus, quo warranto, certiorari, injunction, and other original and remedial writs, with authority to hear and determine the same.
Sec. 15. The State shall be divided into judicial circuits, in each of which there shall be elected by the electors thereof one judge of the Circuit Court therein, whose term of office shall be
Sec. 16. Until otherwise ordered by law, said circuits shall be eight in number and constituted as follows, viz.:
First Circuit — The counties of Union, Clay, Yankton, Turner, Bon Homme, Hutchinson, Charles Mix, Douglas, Todd, Gregory, Tripp and Meyer.
Second Circuit - The counties of Lincoln, Minnehaha, McCook, Moody and Lake.
Third Circuit - The counties of Bookings, Kingsbury, Deuel, Hamlin, Codington, Clark, Grant, Roberts, Day, and the Wahpeton and Sisseton reservation, except such portion of said reservation as lies in Marshall county.
Fourth Circuit — The counties of Sanborn, Davison, Aurora, Brule, Buffalo, Jerauld, Hanson, Miner, Lyman, Presho, and Pratt.
Fifth Circuit - The counties of Beadle, Spink, Brown and Marshall.
Sixth Circuit — The counties of Hand, Hyde, Hughes, Sully, Stanley, Potter, Faulk, Edmunds, Walworth, Campbell, McPherson, and all that portion of said State lying east of the Missouri river and not included in any other judicial circuit.
Seventh Circuit — The counties of Pennington, Custer, Fall River, Shannon, Washington, Ziebach, Sterling, Nowlin, Jackson, Washabaugh and Lugenbeel.
Eighth Circuit — The counties of Lawrence, Meade, Scobey, Butte, Delano, Pyatt, Dewey, Boreman, Schnasse, Rinehart, Martin, Choteau, Ewing, Harding, and all that portion of said State west of the Missouri river and north of the Big Cheyenne river and the north fork of the Cheyenne river not included in any other judicial circuit.
Sec. 17. The Legislature may, whenever two-thirds of the members of each house shall concur therein, increase the number of judicial circuits and the judges thereof, and divide the State into judicial circuits accordingly, taking care that they be formed of compact territory and be bounded by county lines ; but such increase of number or change in the boundaries of districts shall not work the removal of any judge from his office during the term for which he shall have been elected or appointed.
Sec. 18. Writs of error and appeals may be allowed from the decisions of the Circuit Courts to the Supreme Court under such regulations as may be prescribed by law.
County Courts. Sec. 19. There shall be elected in each organized county a county judge who shall be judge of the County Court of said county, whose term of office shall be two years until otherwise provided by law.
Sec. 20. County Courts shall be courts of record and shall have original jurisdiction in all matters of probate guardian. ship and settlement of estates of deceased persons, and such other civil and criminal jurisdiction as may be conferred by law: Provided, That such courts shall not have jurisdiction in any case where the debt, damage, claim or value of property involved shall exceed one thousand dollars except in matters of probate, guardianship and the estates of deceased persons. Writs of error and appeal may be allowed from County to Cir. cuit Courts, or to the Supreme Court, in such cases and in such manner as may be prescribed by law: Provided, That no appeal or writ of error shall be allowed to the Circuit Court from any judgment rendered upon an appeal from a justice of the peace or police magistrate for cities or towns.
Sec. 21. The County Court shall not have jurisdiction in cases of felony, nor shall criminal cases therein be prosecuted by indict. ment; but they may have such jurisdiction in criminal matters, not of the grade of felony, as the Legislature may prescribe, and the prosecutions therein may be by information or otherwise as the Legislature may provide.
Justices of the Peace. Sec. 22. Justices of the peace shall have such jurisdiction as may be conferred by law, but they shall not have jurisdiction of any cause wherein the value of the property or the amount in controversy exceeds the sum of one hundred dollars, or where the boundaries or title to real property shall be called in question.
Police Magistrate. Sec. 23. The Legislature shall have power to provide for creating such police magistrates for cities and towns as may be deemed, from time to time, necessary, who shall have jurisdiction of all cases arising under the ordinances of such cities and towns respectively, and such police magistrates may also be con. stituted ex officio justices of the peace for their respective counties.
State's Attorney. Sec. 24. The Legislature shall have power to provide for State's attorneys and to prescribe their duties and fix their compensation; but no person shall be eligible to the office of Attorney-General or State's Attorney who shall not at the time of his election be at least twenty-five years of age, and possess all the other qualifications for judges of Circuit Courts as prescribed in this article.
Miscellaneous. Sec. 25. No person shall be eligible to the office of judge of the Circuit or County Courts, unless he be learned in the law, be at least twenty-five years of age, and a citizen of the United States ; nor unless he shall have resided in this State or terri. tory at least one year next preceding his election, and at the time of his election be a resident of the county or circuit, as the case may be, for which he is elected.
Sec. 26. The judges of the Supreme Court, Circuit Courts and County Courts shall be chosen at the first election held under the provisions of this Constitution, and thereafter as provided by law, and the Legislature may provide for the election of such officers on a different day from that on which an election is held for any other purpose, and may for the purpose of making such provision, extend or abridge the term of office for any of such judges then holding, but not in any case more than six months. The term of office of all judges of Circuit Courts, elected in the several judicial circuits throughout the State, shall expire on the same day.
Sec. 27. The time of holding courts within said judicial circuits and counties shall be as provided by law ; but at least one term of the Circuit Court shall be held annually in each organ. ized county, and the Legislature shall make provision for attaching unorganized counties or territory to organized counties for judicial purposes.
Sec. 28. Special terms of said courts may be held under such regulations as may be provided by law.
Sec. 29. The judges of the Circuit Courts may hold courts in other circuits than their own, under such regulations as may be prescribed by law.
Sec. 30. The judges of the Supreme Court, Circuit Courts and County Courts shall each receive such salary as may be provided by law, consistent with this Constitution, and no such judge shall receive any compensation, perquisite or emoluments for or on account of his office in any form whatever, except such salary: Provided, That county judges may accept and receive such fees as may be allowed under the land laws of the United States.
Sec. 31. No judge of the Supreme Court or Circuit Court shall act as attorney or counselor at law, nor shall any county judge act as an attorney or counselor at law in any case which is or may be brought into his court, or which may be appealed there. from.