Page:1887 Compiled Laws of Dakota Territory.pdf/143

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§§ 421-425
POLITICAL CODE.
The Judiciary.

veniently be found within the territory, but if neither can conveniently be found within the territory, then such change of venue may be made as herein provided upon filing such demand with the clerk of the court in which such action or proceeding is pending; provided, however, that if no such change of venue is made as in this section provided, then all such actions or proceedings shall remain and be tried or be disposed of according to law in the courts of the subdivision where they are now pending.

§ 421. The judges of the district courts, respectively, have authority at any time, by an order to that effect, to create a new subdivision out of any subdivision or subdivisions composed of two or more counties, and to fix the place of holding courts therein, which place shall be a county seat, and from the time of making such order such counties wherein courts are so appointed shall cease to be a part of the subdivision or subdivisions as herein provided, and shall itself constitute a subdivision, and the district courts shall be therein held at the times provided in such order.

§ 422. In subdivisions composed of two or more counties, the clerk of the district court of the county where the court is held shall have authority to issue, and the sheriff thereof shall have authority to execute, all proper writ and process in any county or other place embraced within such subdivision, the same as if such subdivision were composed of his county only.

§ 423. For the purpose of paying the expenses of holding courts in those subdivisions composed of two or more counties, the county clerks of the organized counties therein shall annually as soon as the assessment roll is received, transmit to the clerk of the court of that county wherein the court is held, a statement of the aggregate amount of the assessment roll of their counties respectively, and at the close of each term of the district court the clerk thereof shall, under the supervision of the judge, calculate the expenses of such term and the proportionate amount to be paid by each organized county according to the proportion which the amount of the assessment roll bears to the aggregate amount of all the assessment rolls in such subdivision, and shall certify to the boards of county commissioners of the respective counties, accounts for the proportionate amounts and in favor of the persons to whom such expenses shall be due, which accounts shall be audited and allowed and warrants issued accordingly, in like manner as other claims against the county.

§ 424. If any county shall fail to furnish a statement of the amount of its assessment roll, or if no assessment shall be made therein, the judge of the district court may fix the proportionate amount of the expenses which each county shall pay, and may at any time by mandamus compel the assessment and levy of a tax, or the doing of any other act necessary to carry out the provisions of this act.

§ 425. The civil and criminal jurisdiction of justices of the peace in organized counties in any judicial subdivision containing one or more unorganized counties, shall extend over all such unorganized county or counties in such subdivision; and all summons, warrants, orders or process issued by such justice of organized counties, shall be served or executed by the sheriff or any constable of the same county; and the costs in all criminal prosecutions in the district and justices' courts for offenses heretofore or hereafter charged to have been committed, when the same is not collected from the defendant, shall be audited and paid out of the territorial treasury; but no such costs shall be so audited or paid unless a duplicate itemized account of the

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