Page:1862 Territory of Dakota Session Laws.pdf/228

CHAP. IX.] the minds of the inhabitants of the county wherein the trial is pending is prejudiced against him, such party may apply to the court in term time, or the judge thereof in vacation, for a change of venue, by petition, setting forth the cause of such application, verified by affidavit, reasonable previous notice having been given to the district attorney prosecuting for the district; and the court or judge may, in his discretion, award a change of venue to the next nearest county where the cause complained of does not exist; and in case the applicant be in custody or confined in jail, the court or judge shall make an order to the sheriff to remove the body of such applicant to the common jail the county to which such venue is changed, and there deliver him to the keeper of said jail, together with the warrant by virtue of which he is confined or held in custody, not more than three days next before the first day of the term of said court; and the sheriff shall obey such order accordingly, and shall indorse on such warrant of commitment the reason of change of custody, and shall deliver such warrant, with the body of the prisoner, to the keeper at the jail of the proper county, who shall receive the same and give to the sheriff a receipt therefor, and shall take charge of and safely keep the prisoner in the same manner as if he originally had been committed to his custody: Provided, That there shall be but one change of venue in any criminal case, and that no change of venue shall be granted until after indictment found or information filed.

. 200. Change of venue shall not be granted after the first term of the court at which the party applying might have been heard, unless the party so applying shall show that the causes for which the change is asked have arisen or come to his or her knowledge subsequent to the term at which the application might have been made, and shall also have given to the opposite party ten days' previous notice of his or their intention to make such application, except in cases where the causes have arisen or come to the knowledge of the party making the application, within less than ten days of making the same.

. 201. When any judge shall award a change of venue in vacation, in any criminal cause, he shall immediately transmit to the clerk of the court wherein the cause is pending, the petition and affidavit, together with an order in writ-