Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1891-03-20

penSeS incident thereto.
Approved February q, 1891.
RELATING TO COUNTY COURTS.
An Act Defining the Criminal Jurisdiction of
County Courts Having, Civil and Criminal
Jurisdiction, and Providing for the Practice
and Procedure Therein, and to Provide Clerk
Hire Therefor.
Be it ENACTED by III: Legislative AsSembly of tile
State Of NorH Dakota:
SECTION l. That all county courts nav
ing increased jurisdiction are hereby
vested with and shall have concurrent
jurisdiction in all criminal offences and
misdemeanor below the grade of felony.
they also have power to remit fines, for
FIXTURES and ~recognizance and to accept
and approve the same as provided by law.
SEC. 2. POWER AND AurnoRITY. They
shall rave power and authority to issue all
writs necessary to carry into effect their
judgments, DEGREES and orders.
SEC: 3: They shall have concurrent
jurisdiction with district courts in appeals
from all final judgments of justice of the
peace, police magistrates, police justices
or city Justices for cities or towns, and the
proceedings on such appeals shall be the
same as now or may hereafter be provided
for appeals from judgments of justice of
the peace to the district court.
SEC. 4. JuRISDICTION.I They shall
have jurisdiction to grant new trials,
affirm, modify, or set aside judgments in
actions tiled in such court upon bill of ex-
'ceptlOnS or case made.
SEC. 5. Appeals from, n writs of
error to the county court shall be allowed
to the district court from all judgments
orders and DEGREES OF said county court
and the proceedings on such appeals shall
be the same as now or nay hereafter be
provided for appeals from judgment Of
justice of the peace to the district court.
T.. SAME AS IN DISTRICT COURT
The process, pleadings, practice and mode
OF procedure in the county courts shall be
the same as provided for in the district
courts OF this state by the code of civil
procedure, or as may hereafter be provided
by law, so far as the same is applicable and
the process. orders, judgments and DEGREES
OF such county court shal have the same
forms, force, lien and effect as in the dis.
trict court, and the clerks of said county
courts shall charge and collect like fees
IN the county court as in the district court;
PiOUidcd, That no preliminary examina-
ton shall be necessary before trial in GRIM
inal actions in the county court.
SEC. Z. PROSECUTION OF OFFENsES.l
All %otfenses of which the county courts
have jurisdiction shall be prosecuted by
information OF the states attorney or at
torney-general and every information shall
set forth the otfense with reasonable Ger
talnty, substantially as required in an in
dictment, and may be filed either in term
time or vacation and the proceedings there
on shall be the same as near as may be as
upon indictment in the district court, ex-
cept as hereinafter provided.
SEC. 8. The county court in term time
or the judge in vacation may issue war
rants of arrest for persons against whom
an information has been filed, shall fix the
amount of bail to be required of the &C
cused, and the clerk shall indorse the same
upon the warrant: except when the war
70 Cf @ SCcttnl IN, n~~ k:~n> IT,
be returnable forthwith when it shall not
be necessary to fix the amount of bail un-
til the accused is brought into court.
SEC 9. The court may receive the plea
of guilty and pass judgements in term time
or vacation, or, if the accused will waive q
Jury, may be tried by the court without a
Jury III term time, upon notice being first
given to the states attorney.
SEC III. IN any civil or criminal cause
OF which this court has jurisdiction, when
ever at any time before said cause is called
for trial it shall appear to the court by aft
daVlt, or ii the court shall so order, upon
other testimony, that a fair and impartial
trial cannot be had in such court by rea-
son of the bias or prejudice of the Judge or
otherwise, or that the Judge is the agent,
attorney, or connected by blood or affinity
to any person interested nearer thar the
ested financially or otherwise in the result
or such suit, the court shall thereupon di-
rect said cause and all papers and docu-
ments connected Herewith to be certified
to the district court of the county
wherein said county court is held: said
the district court, at least ten days before
the first a of the e term thereof,
and shall be placed upon the trial calendar
and stand for trial the same as cases origi-
naily commenced in said district court.
SEC. IL. Juries in all criminal actions,
in tho nnnnfv nnnrf shall La ,,J,,%,l r.,
the county judge, and summoned in the
same manner as is now provided by law
for selecting juries in criminal actions be-
fore justices of the peace; Provided, That
each party shall be entitled to the same
challenges as is now allowed by law in
district court III like criminal cases.
SEC. IL. In all counties having county
courts with civil and criminal jurisdiction,
with a population of five thousand
or more, there shall be allowed and paid
to the judge or such court, as clerk hire,
the sum of four hundred (s4OO) dollars
greater population than fifteen thousand
Inhabitants, then an additional sum of
nifty dollars per annumf for each additional
one thousand inhabitants or major frac-
ton thereof, and such other and further
sums as may De necessary for the proper
transaction of the business of such county,
The sum to be paid in the same manner as
the salary of the county judge. The
duties of the clerk OF the county court
shall be the same as the duties of the
clerks of the district courts.
SEC. -. Whereas, an emergency exists
in this, that there is no criminal procedure
provided by law for county courts having
civil and criminal Jurisdictions; therefore,
this act shall take effect and be in force
from and after its passage and Approval
Approved March 7, 1891.
APPROPRIATION FOR DEAF AND