Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1895-03-08
COUNTY COURTS.
rs, B, No, 1917

An Act Defining the Practice in County
Courts Having increased Jurisdiction;
Fixing the Terms of Court. CompenSa-
ton Of Judges inc Clerks, and Their
Duties.
Be 1t enacted, etc.:
SECTION l. GENERAL PROVISIONS TO
APPLY. The general provisions of law
which may at any time he in force relating
to the district courts and to civil and GRIM
inal proceedings therein, shall relate also
to the county courts having increased jurls-
courts shall De IN force in said county
courts. unless inapplicable and except as
herein otherwise provided.
SEC. 2. Terms OF COURT. The regu.
lar term Of the county court shall be held
at the county seat. commencing at 9 O'Clock
a.. III. on the first Tuesday of each calendar
month, for the trial of such civil and Grim
court.
SEC. 8. C~ALENDAR.] The county judge
shall, on the trst day of each term, or as
soOn thereafter as may be, prepare a cal
endar of the causes standing for trial at
such term, placing the causes upon such
calendar in the order in which the same
are numbered on the docket. and setting
the causes for trial upon convenient days
during such term; provided, that no cause
shall be set for trial upon the first day of
said term without the consent of all parties
thereto.
SEC. l.. APPEALS FROM COUNTY COURT ]
In all actions brought under the provisions
OF this act an appeal may be taken to the
district court of said county or to the state
supreme court, and it SAID appeal is to the
district court, it shall be taken in the anne
name as appeals from justice court, and
If said appeal is to the supreme court, it
shall be take in the same manner II pur-
suant to the same rules as appeals from
the district court; provided, that in civil
actions where the amount in controversy,
exclusive of costs, is less than $3.50. an ap
peal to the district court only shall lie; and
provided further, thai all appeal to the dis
trict court shall not be etfectual for any
purpose unless an undertaking be filed,
with two or more SuretieS, in a sum equal
to the amount in controversy. or the value
OF the specific property in controversy plus
one hundred dollars.
SEC. 5. CONCURRENT JURISDICTION ON
APPEAL. Said county courts shall have
concurrent jurisdiction with district courts
in appeals from all final judgments of JUS
tlceS OF the peace, police, city or township
justices, and the proceedings on such APP
peals shall he the same as now or may
hereafter be provided for appeals from
judgments of justices of the peace to dis
trict courts.
SEC. s. CAUSE CERTIFIED TO DISTRICT
COURT, WHEN.] In any civil or criminal
}cause of which this court has jurisdiction,
whenever at any time before said cause is
called for trial, it shall appear to the court
by affidavit. or if the court shall so order
upon other testimony, that a fair and inn
partial trial cannot be had in such court by
reason of the bias or prejudice of the judge,
direct said cause, and all papers ami docu-
ments connected Herewith. to be certified
to the district court of the county wherein
said county court is held; and said papers
shall be delivered to the clerk of the dis
trict court at least n day before the first
day of the next term thereof, and shall be
placed upon the trial calendar and stand
for trial the same as cases originally COM
menced in said district court.
SEC. Z. MANNER OF SELECTING JURY
JurieS in the county court shall be selected
by the county Judge and summoned in the
same manner as is now provided by law
for selecting juIieS before justices OF the
peace; provided, that each party shall be
entitled to the same number OF challenges
as now or may hereafter be allowed in dis
trict court in like actions.
SEC. 8. New TRIALs.] The county
court shall have authority to grant new
trials, affirm, modify or set aside judgments
in actions tried in such court upon a state
ment OF cases prepared and settled in the
manner provided in the Code Of Civil Pro-
cedure.
SEC. g.. MAY ISSUE Process The sew
eral county courts shall have power to
issue all summ0nses, citations, subpHnas,
executions, warrants and processes author
lied by law, which may be necessary to
carry into effect any order, Judgment or
decree thereof, to compel the attendance of
witnesses or to carry into execution the
powers with which they are vested.
SEC IN SEpEIrE nv nTIIE9 HnJ1SrS~ I
All writs, summonses n other pro-
caSses, may be executed and served as the
case may require only in the county. Pro-
vided, that where there is more than one
defendant and one of such defendants has
been served in the county, service may
be made on the other defendants in any
county in the state.
SEC IL. CONTINUED CAusEs.1 When
Tor any cause the county judge fails to at
tend at the commencement Of any regular
term, or at the time when any cause is as
signed for trial or at the time to which
any cause may be continued, the parties
STALL not be obliged to wait more than one
hour, and if he does not attend within the
hour, and no other disposition of the case
is made by said judge, the parties in at
tendance shall be required to attend at 9
O'Clock a. m. of the following day, and it
such judge shall not attend at that time,
the cause shall stand continued until the
first day of the next regular term.
SEC. II. ADJOURNMENT. The time for
which any civil action may be adjourned
shall be regulated by the county Judge in
the exercise Of a reasonable discretion:
provided. that such cause cannot be ad-
jnurned over more than three regular terms
OF such court, upon the application of
either party without the consent of the
other. In criminal actions it the defend
ant has been committed to Jail he must be
tried at the first term of said court held
after such commitment. II the defendant
in a criminal action has given bail for his
appearance his trial must lot be postponed
longer than until the third term after such
bail is given.
SEC. Ii. BAIL1FF.] The Judge of the
county court may appoint a competent
person as bailif of said court, who shall
hold his Office at the pleasure Of the iudge.
Said bailiff shall have the same powers as
a constable and shall receive for his SER
vices the same fees as are prescribed for
c~Onstables and bailiffs.
SEC. ii. CRIMINAL JURISDICTION. Con-
current Jurisdiction, power and authority
with the district court is hereby conferred
and imposed upon county courts having
ing Increased jurisdiction, of all criminal
offenses Of which the district court of said
county has jurisdiction, below the grade
OF felony, and of any person accused
thereof, and to hear: try, determine, pro-
nounce Judgment and sentence and take
and have all necessary proceedings con-
corning or relating thereto as provided by
law. The necessary jurisdiction, power
and authority in the premises is hereby con-
ferred and imposed upon the county court.