Page:1887 Compiled Laws of Dakota Territory.pdf/145

§§ 429-433 whenever the venue is changed in any criminal case, or in any civil action or proceeding in which his county or the territory is interested or a party, it shall be the duty of the district attorney of the county where such indictment is found, or the county interested in such civil action or proceeding, to appear and prosecute such indictment, and to prosecute or defend such civil action or proceeding in the county to which the same may be changed.

§ 429. Each district attorney shall when requested by any magistrate of his county, appear on behalf of the territory before any such magistrate, other than those exercising police jurisdiction of incorporated cities and villages, and prosecute all complaints made in behalf of the territory, except for common assault and battery, of which such magistrate shall have jurisdiction.

§ 430. The district attorney shall, without fee, give opinions and advice to the board of county commissioners and other civil officers of their respective counties, when requested by such board or officers upon all matters in which the county is interested, or relating to the duties of such board or officers in which the territory or county may have an interest.

§ 431. The district attorneys shall severally receive such salaries for their services as the board of county commissioners of the proper county shall allow, not less than four hundred dollars a year, but the salary of such district attorneys shall not be diminished during the term for which they shall be elected or appointed. The board of county commissioners, however, shall have the power to increase the salary of such district attorneys, during the term of their office, whenever in their judgment the compensation fixed is inadequate for their services rendered or to be rendered, said increase to take effect at the time of the passage of the resolution authorizing such increase. All fees and costs received in civil actions in which the county is the successful party, shall be paid into the county treasury for the use and benefit of the county, and it shall not be competent or lawful for the board of county commissioners to give and pay said fees and costs, or either, or any part thereof to such district attorney as a part of his salary or in addition to his salary.

§ 432. If a judicial subdivision is composed of more than one county, the district attorney of the county where the court is held for that judicial subdivision shall have authority to try all cases in which the county or territory is a party, as provided by law, in the district court, and there shall be charged as a part of the expenses of all criminal prosecutions arising out of said county the following fees: For each trial in cases of misdemeanor, ten dollars; and for each trial in cases of felony, twenty-five dollars; and for each judgment upon a plea of guilty, or for costs, ten dollars; which fees shall be paid by the counties attached to said counties where the court is held, for judicial purposes. The above fees for all criminal offenses arising in such counties shall be included in the order of the court or judge as a charge on the said counties, together with the other charges against said counties as provided by law.

§ 433. Said district attorneys shall not receive any fee or reward from or on behalf of any prosecutor or other individual, for services or in any prosecution or business to which it shall be his official duty to attend, nor be concerned as attorney or counsel for either party other than for the territory or county in any civil action depending on some state of facts upon which any criminal prosecution commenced but undetermined, shall de

122