Page:Revised Codes of the State of North Dakota 1895.pdf/1407

Jurisdiction of Courts. CHAPTER 2.

COURTS HAVING JURISDICTION IN CRIMINAL ACTIONS.

§ 7753. Jurisdiction of district court. There is in each of the judicial districts of this state a court denominated the district court, with jurisdiction conferred by the constitution of this state and the laws passed in pursuance thereof, and having, among other things, common law jurisdiction and authority within their respective judicial districts for the redress of all wrongs committed against the laws of this state, affecting persons or property.

§ 7754. Where district courts held. Each of the said district courts may be held, for the trial of criminal actions, in any organized county or in any judicial subdivision in the same district, as is or may be provided by law.

§ 7755. Always open. Questions of fact. Terms. The said district courts are always open for the purpose of hearing and determining all questions, motions and applications of every kind and character in criminal actions or proceedings of which they have original or appellate jurisdiction, except issues of fact; and said questions, motions and applications may be heard and determined at any place within the judicial district in which is situated the county or judicial subdivision wherein the action or proceeding is brought or is pending. But issues of fact in all criminal actions or proceedings must be tried at a regular term of the court in the county or judicial subdivision in which the same is legally brought or to which the place of trial is changed as provided by law.

§ 7756. Jurisdiction of district courts specified. Each of the said district courts has and must exercise jurisdiction and authority:

1. To inquire, by the intervention of a grand jury when required by law, of all public offenses committed or triable in the county or judicial subdivision for which the court may be held.

2. To inquire into the cause of the detention of all persons imprisoned in the jail of the county or judicial subdivision, or otherwise detained, and to make an order for their recommitment or discharge, or other disposition, according to law.

3. To hear, try and determine as limited by law, all accusations in writing presented by a grand jury, or otherwise as provided and for the causes specified in section 7824 of this code, against any district, county, township, city or municipal officer or state officer not liable to impeachment, for misconduct, malfeasance, crime or misdemeanor in office or for habitual drunkenness or gross incompetency and upon conviction to enter judgment as prescribed by law.

4. To hear, try and determine, upon information or indictment or otherwise as provided by law, prosecutions for crimes or public offenses committed against the laws of this state, and to issue writs and process and do all other acts therein according to law as may be necessary in the exercise of said jurisdiction and authority, whether original or appellate, and upon conviction of any such crime or public offense, to impose the punishment prescribed by law therefor.

§ 7757. Decisions of district courts reviewable. The final decisions of the district courts in criminal actions, are reviewable and 1373