Page:1862 Territory of Dakota Session Laws.pdf/388

CHAP. L.] shall, if he is satisfied that the prosecution was malicious or without probable cause, tax the cost against the prosecuting witness, and render judgment therefor.

. 31. Whenever a conviction is had upon a plea of guilty or upon trial, the justice must make and sign with his name of office a certificate of such conviction, in which it shall be sufficient briefly to state the offence charged and the conviction and judgment thereon, and if any fine has been collected, the amount thereof.

. 32. Within twenty days after such conviction, the justice must cause such certificate to be filed in the office of the judge of probate of the county where the conviction was had.

. 33. The judgment shall be executed by a peace officer of the county where the conviction is had, by virtue of the warrant under the hand of the justice, specifying the particulars of such judgment.

. 34. If a fine be imposed and paid before commitment, it shall be received by the justice, and by him paid over to the county treasurer, within thirty days after the receipt thereof, for the use of the schools in the county, as provided by law.

. 35. If the defendant be committed for not paying a fine, he may pay it to the sheriff of the county, but to no other person, who must, in like manner, within thirty days after the receipt thereof, pay it into the county treasury for the use of the schools in the county, as provided by law.

. 36. If the fine or any part thereof is paid to the justice or sheriff, he must execute duplicate receipts therefor, one of which he must file without delay with the register of deeds or recorder of deeds in and for the county.

. 37. Either party may appeal from the judgment to the district court of the county in which the trial was had the territory in the same manner as the defendant.

. 38. The justice, rendering a judgment against the defendant, must inform him of his right to an appeal therefrom, and make an entry on his docket of the giving such information, and the defendant may thereupon take an appeal by giving notice orally to the justice that he appeals, and the justice must make an entry on his docket of the giving of such notice.