Page:Revised Codes of the State of North Dakota 1895.pdf/1416

§§ 7821-7826 subject of an information or indictment, the information or indictment is not barred thereby.

§ 7821. Compensation. Members. Counsel. Payment. The presiding officer, except the chief justice when presiding, and members of the senate while sitting as a court of impeachment, and of the house of representatives, shall each receive their regular per diem and mileage while attending the court of impeachment, and the compensation of the secretary of the senate, sergeant-at-arms and all subordinate officers, clerks and reporters of the court and counsel employed to assist the managers, shall be such amount as shall be determined upon by a vote of the members of such court. The state auditor upon presentation of a certificate or certificates signed by the presiding officer and secretary of the senate, shall draw his warrants upon the state treasurer to pay the expense of the senate. and the compensation of the officers, clerks and reporters and counsel under the provisions of this article.

§ 7822. Compensation. Officers. Witnesses. Payment. The same fees shall be allowed to witnesses, officers and other persons serving process or orders as are allowed for like services in criminal actions, but no fees can be demanded in advance. Such fees shall be certified and paid as provided in the preceding section for the payment of the senate, officers, clerks, reporters and counsel, but subject to the right of the senate to disallow all fees and charges which it shall deem unreasonable or unnecessary.

ARTICLE 2. -REMOVAL BY JUDICIAL PROCEEDINGS.

§ 7823. Additional proceedings. Removal from office. In addition to the proceedings mentioned in chapter 24 of the code of civil procedure and article 2, chapter 6 of the political code, and apart and distinct from any other criminal action or proceedings, the following provisions are adopted to obtain a judgment of removal from office.

§ 7824. Accusation. Causes for removal. An accusation in writing against any district, county, township. city or municipal officer, or state officer not liable to impeachment, except representative in congress and members of the legislative assembly, for misconduct, malfeasance, crime or misdemeanor in office, or for habitual drunkenness or gross incompetency, may be presented by the grand jury to the district court of the couniy in or for which the officer accused is elected or appointed: provided, that when such proceedings are against a state officer not liable to impeachment, the accusation may be presented by the grand jury of the county or judicial subdivision in which such officer resides or in which he has his place of office for the transaction of his official business.

§ 7825. Form of accusation. The accusation must state the offense charged in ordinary and concise language, without repetition, and in such manner as to enable a person of common understanding to know what is intended.

§ 7826. Duty of judge. State's attorney. After receiving the accusation the judge to whom it is delivered must forth with cause it to be transmitted to the state's attorney of the county or subdivision, except when he is the officer accused, who must cause a copy thereof to be served upon the defendant, and require by written notice of not less than five days that he appear before the district court of 1382