Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1895-03-08

Time, TO Tile q or the district court that
the otfense with which the defendant is or
should be charged is triable in the county
court, the Judge of the district court may
certify such cause and all proceedings re-
lating to any person accused of such
O1fense. to the county court of such county
for trial, determination and adjudication
and thereupon the same and all the papers
and files therein, shall be transferred by
the cIerk OF the district court to the county
court, without any further order or certifi-
cate, and such cause shall thereupon be
tried in the county court with the same
force and effect as if such cause had origin
ally beencOmmenced therein.
SEC. Is. JURY TRAIL In civil actions,
when the value IN controversy, or sum de-
manded exceeds $50, either party may de-
mand a jury trial, but such demand shall
be made on or before the first day of the
term upon the calendar of which said
cause appears. In criminal actions, where
defendant is arraigned he shall be in
formed by the court of his right to trial by
jury and If he valves his right to a jury
trial an entry, to that effect Shall be made
upon the court minutes.
SEC. II. WARRANT OF ARREsr.l The
county court in term time or the Judge in
vacation may issue warrants of arrest for
persons against whom an information has
been filed, shall fix the amount of bail to
be required OF the accused, and the clerk
shall endorse the same upon the warrant,
except when the warrant is issued in term
time, when the same may be r%eturnable
forthwith and it shall then not be neces-
sary to fix the amount of bail until the &C
cused is brought into court.
SEC. 18. RECEIVE PLEA AND PASS
JUDGMENT The court may receive the
plea OF guilty and pass Judgment in term
time or vacation, or if the accused valves
a jury he may be tried by the court with
out a jury in term time, upon notice being
first given the states attorney.
SEC. 10. PRELIMINARY EXAMINATION, I
No preliminary examination shall be nee
essary before trial in criminal actions in
county court. 49,
SEC. 20. ASSIGNMENT OF COUNSEL. I
In all criminal cases triable in the county
court, where it is satisfactorily shown to
the court that the defendant has no
means, and is unable to employ counsel.
the court shall in such cases assign coun-
sci for the defense and allow and direct
to be paid by the county in which said
court is held, a reasonable and lust COM
pensatlon to the attorney or attorneys so
assigned for such services as they may
render; provided, however, that such com
pensatlon sha not exceed twenty-five
dollars in any n case.
SEC. 81: SUMMoNs.] The summons shall
require the defendant to file a COPY of
his ~pleadings with the clerk of the county
court within ten days after the sery-
ice of the summons, exclusive of the day
of service.
SEC. %. COMPLAINT TO BE FILED
The complaint in any civil action, to-
gether with II copy for each defendant.
must be filed with the clerk of the county
court within five days after the issuance
OF the summons in such action, and in
any action in which the complaint shall
not have been filed in accordance with
the provisions of this section, shall be
dismissed on motion of the defendant. In
no case shall the defendant or his attor-
ney be entitled to have a copy Of the
complaint served upon him.
SEC. % ANSWER OR DEMURER.l The
defendant must file his answer or de-
murer with the clerk of the county court
within ten days after the service of the
summons.
SEC. "a. TINE OF TRAIL When the
ten days before the first day of the next
term of court the cause shall stand for
trial at the next succeeding term there
after without further notice to defendant.
SEC. 70. JUDGMENT LIEN Any per-
son having a Judgment rendered by a
county court may canse an abstract there
of to b. filed in the office of the clerk OF the
district court IN any county in the state, and
when such abstract is filed in the office of
the clerk of the district court and docketed
as a Judgment, such Judgment shall be a
lien upon all real estate in the county be-
longing to any of the defendants against
whom such judgment is rendered.
Execution on any judgment shall issue
out OF the county court, attested in the
name OF the judge and sealed with the seal
OF the court. Execution may be issued to
any county where abstract of such iudp-
ment shall have been locked, but before
such execution shall be levied it shall have
endorsed thereon by the clerk Of the dis
trict court of such county, the day and
hour when such abstract was filed and the
amount due thereon.
Sec. rs. CLERK OF DISTRICT COURT
EN oFFIcIo CLERK OF COUNTY COURT
In all counties having county courts with
civil and criminal jurisdiction, having a
population of less than $4,000 inhabitants,
the clerk of the district court shall be clerk
OF the county court in the same county,
and shall have the care and custody Of all
books and papers belonging to such county
court which relate to or have any connec
ton with any actions or proceedings COM
menced in any such court by reason of it's
having increased civil and criminal juris-
dlction conferred upon it. Such clerks Of
the district courts and deputies shall
perform all the duties of the clerks of
such courts in all actions and proceed
lngs commenced in the county courts by
virtue Of its enlarged jurisdiction in the
same manner as they are required to per
form the duties Of clerks or deputy clerks
OF the district courts, SO far as the pro-
visions or law relating to This subject are
applicable, and may demand and receive
the same fees and compensation therefor:
except that they shall be entitled to re-
celve no per diem for attendance in court.
The Judge Of the county court having
increased jurisdiction in counties having
a population OF $4,000 OIL. more shall have
power to appoint a clerk of such court.
whose duties and powers shall be as
nearly as may be the same as those of
district courts. Such clerk shall hold his
office during the pleasure of the Judge
appointing him, II shall receive a sal
airy, OF $1,000 a year. He shall charge
and receive for all acts performed by him
the same fees and commissions as are
allowed to clerks of the district court, He
shall keep a true account of all fees and
commissions received by him in a book
OF record to be kept for that purpose,
and on the first OF each calendar month
shal pay the same to the treasurer of
the county.
SEC. a.. POPULATION, How DETER
MlNED.] The county auditor or county
clerk shall detei mine the population of
his respective county by multiplying bv
i've the total vote cast in the last general
election OF county officers, and the result
shall be taken as the population of such
county.
SEC %. SALARY OF JUDGE.1 AS COM
pensation for their services under this
act there shall be allowed and paid to the
Judges OF county courts having civil and