Page:1887 Compiled Laws of Dakota Territory.pdf/171

This page needs to be proofread.
§§ 560-564
POLITICAL CODE.
Counties and

purpose until such bonds are redeemed; any surplus thereafter shall be placed in the general county fund.

§ 560. The authority of any county from which a portion segregates under the provisions of this act, for the collection of revenue within the boundaries of the portion segregated, shall cease from the date upon which the two boards of county commissioners under the provisions of section 546 base the settlement between their counties, and all assessments and levies made by the authority of the county from which a portion segregates, by its officers in the lawful performance of their official duties, affecting any of the territory embraced in the boundaries of a county organized under this act, shall remain the same and shall be payable to and collectible by the lawful authorities of the latter only.

§ 561. Any county organized under the provisions of this act shall as soon as its organization shall have been completed constitute and be created a judicial subdivision of the judicial district to which it properly belonged at and before the time of its organization.

§ 562. The judge of the judicial district in which a county organized under this act is created a legal subdivision of his district under the provisions of the preceding section, shall appoint and hold terms of the district court at the county seat of said county, at least one term each year.

§ 563. In all actions or proceedings civil or criminal, the crime wherein was committed or the disputed premises therein be within the boundaries of any judicial subdivision created under the provisions of this act, and which properly belong to such subdivision under provisions of the codes of civil and criminal procedure, the venue thereof shall be changed to the new county by order of the court or the judge thereof, upon the demand of either party, which demand shall be served upon the opposite party or his attorney, if either can conveniently be found in this territory; but if neither can conveniently be found in this territory then such change of venue may be made upon filing such demand with the clerk of the district court having the case on its calendar.

§ 564. All process, writs, bonds, notices, appeals, recognizances, papers and proceedings in actions changed to a new county under this act and created a legal subdivision thereunder, issued and made returnable to the district court of the county from which a portion has been segregated and organized under this act prior to the creation of such legal subdivision, shall be taken and considered as made, taken and returnable to the district court within the boundaries of such new judicial subdivision, and such bonds, recognizances and obligations shall be payable to such new county and recoverable upon in the name of such new county, and all papers and certified copies of all proceedings had in such changed actions shall be transmitted by the clerk of the district court of the old to the clerk of the district court of the new county.

148