Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1895-03-29
reason.

county courts makes the general pro-
visions of law relating to district courts
on question of practice applicable.
Provides for terms of court commend.
ing on the first Tuesday in each month.
Calendar for the term is to be made up
by the judge on the first day of court.
Appeals may be taken to the district
court, or direct to the supreme court. If
taken to the district court it is taken in
the same manner appeals are taken from
justices of the peace. If to the supreme
court, same as taken from The district to
the supreme court. Appeals to the SUI
preme court can only be taken in cases
involving $3.50 or over.
Appeals may be taken from justice
court to the county court, same as 70 the
district court. In cases where affidavit
is made that fair and impartial trial can
not be had in the county court, it is the
duty of the county judge to certify the
case to the district court.
In all cases to be tried by jury, the
jury is selected in the same manner as
they are now selected in a justice court
each party being entitled to the same
number of challenges as now in the dis
trict court.
The county court is given the same
powers as to new trials, modifying or SET
ting aside judgments, as district courts
now have.
The court is given power to issue all
processes necessary to carry into effect
powers with which the court is vested.
Service may be had in a foreign county
when n party has been served in the
county where proceedings are instituted
Continuances and adjournments may be
had in the same manner as in the district
court. Tie judge may appoint a bailitf
for court, with the same powers and pay
as a constable or bailiH in the district
court, and to hold his office at the pleas.
ure of the judge. Court has criminal
Jurisdiction, concurrent with the district
court, in 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 all 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 sun of $50; and in all criminal cases,
unless a jury is waived by the party
being tried.
The court may, in term time or vaca-
ton, 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 vaca-
ton. No preliminary hearing is neces-
sary before trial in criminal action.
The court may appoint counsel for in.
digent defendants, who may receive COM
pensation not exceeding s25, to be paid
by the county.
The defendant is required to file plead
ings with the clerk within ten days after
the service of summons.
Complaint, with one copy for each de-
PENDANT, must be filed with the clerk
within five days after issuance of the
summons. No service of copies of COM
plant is required.
An abstract Of judgment of the county
court may be filed 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 abstract
is filed. Judgment shall be a lien in any
county in which the abstract is fled, in
the same manner as if the judgment was
originally obtained in that county.
The clerk of the district court is ex-
o6icio clerk of the county court in coun-
ties having less than 1900 inhabitants.
In counties having 1900 or over. the
judge may appoint a clerk at a salary of
$1,000.
Judges shall receive as salary in coun-
ties of 1900 inhabitants, $2,5O0; counties
having less, $4,000; payable monthly.
A stenographer for the county court
may be appointed, to receive the same
compensation as in the district court;
but in counties having less than 5000 in
habitants the appointment must be au-
thorized by the county commissioners.
The above provisions apply only to
county courts that have, Or may here
after be given, increased civil and GRIM
inal jurisdiction under Section Ill of the
constitution.
HE appointment of "Buck" Kilgore
to a judgeship in Indian Territory calls
to mind ar incident that occurred during
the regime of Scar" Reed as speaker of
the houee, during the ffty-first congress.
A call OF the house had been demanded,
the doors ordered closed, and the speaker
began, under his now famous ruling, to
count a quorum. Kilgore had attempted
to escape being counted bv absentinp