The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1895-03-30
COUNTY COURTS.
From the Bismarck Tribune.

COUNTY COURTS.
From the Bismarck Tribune.
The new law defining the practice in
county courts makes the general pro-
visions of law relating to district courts
on question of practice applicable.
Provides for terms of court oommeuc-
ing on the first Tuesday in each month.
Calender for the term IS to be made up
by the judge on the first cay OF court.
Appeals may be taken to the district
court, or direct to the supreme court. If
take to then district court it is taken in
the same manner appeals are taken from
justices of the pesce. If to tho supreme
court, same as taken from the district to
the supreme court. Appeals to the su-
prems court can only be taken in cases
involving $3.50 or over.
Appeals may be taken from justice
court to the comfy court, same az to the
district court. In cases where affidavit is
made that fair and impartial trial can not
be had tn the county court, it is tho duty
Of the county Judge to certify tho case to
the district court.
In all cases to be tried by jury, the jury
10 selected in the same manner as they
are now selected in justice oourt-sach
party being entitled to the same number
Of challenges as aow in the district court.
The county court is given the same
powers rs to new trials, modifying or ast.
ting aside judgments, - district courts
now have.
The court il given power to issue all
process necessary to carry into effect
powers with which the court is vested.
Services may be had in foreign county
whom oAe party has bs.n served in the
county where proceedings are instituted.
Continuances and sdjournments may be
had in the same manner a. in the district
court. The judge may appoint bailiff
for court, with the same powers and pay
as . constable or bailiff in tho district
court, and to hold bis Office at the pleasure
of the judge. Court has criminal juris.
diction, concurrent with the district sOurt
liz all cases below the grade of felony, and
the district court may certify any case to
the county court for trial, Of which the
county court has jurisdiction.
In al examinations before committing
magistrates, parties bound over must be
to the county court in cases where county
court has jurisdiction. Either party In
any action may demand jury trial in any
case where the sum demanded exceeds the
sum of $50; and in all criminal cases un-
less a jury is waived by the party being
tired.
The court may, in term time or vaoa-
tion, issue warrants for the arrest of Of
tenders, and fix bail to be given for ap-
pearance.
The court may receive pleas of guilty
and pass judgment in term time or vsca-
tion. No preliminary hearing is nsces-
sarY before trial in criminal action.
Tho court may appoint council for in
digsnt defendants, who may resolve COM
psnsation not exceeding s25, to. be paid
BY the county. M,
The defendant ID required to nls plead.
ings with the clerk within ten days after
the service of summons. 49,.
Complaint, with one copy for each de.
fendsnt, must be filed with thd clerk with.
in Ave days after issuance of the summons.
No service of copies of complaint il
required. ~
An abstract of judgment of the county
court may be fled in the Office of the clerk
of the district court of any county in the
state, and execution may issue to any
county in which the abstroct 10 filed
Judgment shell be lien in any county. in.
which the abetract is filed, in the same
manner as If the judgment was originally
obtained in that county.
The clerk of the district court is sx-
of8cio clerk Of the county court in cean-
ties having less than 1900 Inhabitants.
In counties having 1900 or over, the judge
may appoint clerk at a sarery of $1,000.
Judges shall receive rs salary in coun-
ties Of 1900 inhabitants. S2,50O; counties
having less, $4,000; payable monthly.
4 stenographer for the count court may
be appointed to receive tho Same oompen-
sation as in the district court; but in
counties having lees than 1000 inhabitanta
the appointment must BE- authorized By
the county commissioners. .sss
The above provisions apply only q
county cor.ts ,set ..avs, Or may hereafter
be given. inclesssG civil ~Ld czi1aiua.
Jurisdiction under Section III Of the ecn-
titrtiLn. sa