Page:1862 Territory of Dakota Session Laws.pdf/229

212 ing, ordering and directing the change of venue, and such clerk shall file the same in his office, and shall make out a copy thereof and a full transcript of the record and proceedings in such case, and shall certify and transmit the same to the proper court, together with all papers filed in the cause, and pertaining and forming a part of the record, including the indictment and recognizance of the party and all witnesses; and the clerk of the court to which such cause is certified shall file the same, and the cause shall be docketed by such clerk, and shall be proceeded in and determined by the court, in all things as well before as after judgment, as if it had originated therein.

. 202. When the venue shall be changed in any criminal case, the parties, witnesses, and all others who may have entered into recognizances to attend the trial of such cause, having notice of the change of venue, shall be and are hereby required to attend at the time and place the trial is to be had, according to such change, and a failure to do so shall work a forfeiture of the recognizance.

. 203. When the venue is changed in term time, in a criminal case, the district attorney shall have all witnesses on the part of the prosecution recognized to appear at the court, on the first day thereof, where the trial is to be had.

. 204. In all cases when a change of venue shall be ordered, in a criminal case, if the defendant shall be convicted and imprisonment shall be a part of the judgment, the sheriff of the county where such conviction shall be had, shall immediately take such prisoner and convey him to the county where the crime shall have been committed, and deliver him to the sheriff thereof, and take his receipt therefor, who shall retain him in custody, according to the judgment of said court, and all the costs and charges incurred in removing any prisoner as aforesaid, shall be allowed and paid out of the county treasury where the crime shall have been committed, if the defendant be unable to pay the same.

. 205. No person or persons shall be prosecuted, tried, or punished, for any offence denominated by the common law felony (treason, murder, arson, and forgery excepted),