Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1891-02-20
No.. g..
REGULATING PRACTICE IN ST.
PREME COURT.
[Senate Bill No. 81

LSSASNo "AA ave- vi
An Act Regulating the Practice in the Supreme
Court and in the District Court in Certain In
stances.
BE it Enacted by The Legislative assembly of the
State of North Dukotu:
SECTION l. The supreme court has
power in the exercise OF its original juriS-
dicttOn to issue WritS Of hubcts corpus,
mn1lutthnuS. qUO lCttI1N1ltO. cCltiOluTi and
injunction; and in the exercise of its APP
pellate jurisdiction, and in its Superintend-
ing control over inferior courts, 1T may
issue such original and remedial writs as
are necessary to the proper exercise of
such jurisdiction; PIUOidcd, That said
court shall exercise the said original juris-
diction only in hdbcdS corpus cases, and IN
such cases of strictly pubic concern as in
volve questions affecting the sovereign
rights OF the state, or its franchises or priv
ilpge.
SEC. 2. The supreme court shall be al
ways open for The issue aud return of all
writs and processes which it may lawfully
issue, and for the hearing and determine
ton OF the same, subject to such reguIa-
tons and conditions as the cour may pre-
scribe. And any judge of said court may
order the issuance of any such writ or pro-
cess, and prescribe the time and manner of
service and time and place of return of the
ame Provided, That in cases of hdbeds
corpus the judge ofithe supremelrourt who
lSSuCS VI CtuoCo ItlC VIII W ISSUE Inlay, dG
his discretion, direct that the writ shall be
made returnable and heard and determined,
either before the supreme court or any
judge thereof; or before any district court
of the state, or any judge of any district
court of the state; Pr0Uidcd, further, That
any district court or judge thereof before
whom any writ is made returnable,
as prescribed in this section, is hereby
vested with full power and authority nee
eSsary for carrying into complete execution
all OF its Judgments, DEGREES and determi-
nations, subject to appeal as provided by
law.
SEC. 8. Said court is vested with full
power and authority necessary for carry
ing into complete execution all its judg-
ments, DEGREES and determinations. in the
matters aforesaid, and for the exercise of
its jurisdiction as the supreme judicial
tribunal OF the state: and shall, by order
made at general or special term, from time
to time, make and prescribe such general
rules and regulations for the conduct and
hearing Of causes in said court, not incOn
siStent with the statute law of the state, as
it may deem proper; and the said court
shall, by order, prescribe the manner of
publication, at the expense of the state, of
such rules and regulations; and the same
shall not be in force until thirty days after
the publication thereof.
SEC. 4. The said court shall in all cases
decided by it, give its decision in writing,
which shall be filed with the clerk of said
court, with the other papers in the case.
Decisions in cases heard at a general or
special term, and all orders affecting
and judgment entered thereon in pur.
suanc OF The finding and order of the
court, with the same effect as upon decls-
ions mad and filed in term. SAID court,
at the time of announcing It's decisions in
any action determined by said court, shall
E11 ySk tgNx, 1l,~0r L.L - --1lo l., IN A..
decision in such action, so prepared as to
embody, as briefly as practicable, the prin-
ciples settled in and by such decision.
SEC. g.. If any two judges of said court
shall not attend on the first, or on any
other day Of the term, the clerk shall enter