Page:Revised Codes of the State of North Dakota 1895.pdf/1417

Public Officers. the county or subdivision, and answer the accusation at a specified time. The original accusation must then be filed with the clerk of the court.

§ 7827. Defendant must appear. The defendant must appear at the time appointed in the notice and answer the accusation, unless for sufficient cause, the court assigns another day for that purpose. If he does not appear, the court may proceed to hear and determine the accusation in his absence.

§ 7828. Defendant's answer. The defendant may answer the accusation either by objecting to the sufficiency thereof or of any article therein, or by denying the truth of the same.

§ 7829. Objections for insufficiency. If he objects to the legal sufficiency of tho accusation, the objection must be in writing but need not be in any specific form, it being sufficient if it presents intelligibly the ground of the objection.

§ 7830. Denial may be oral. If he denies the truth of the accusation, the denial may be oral and without oath and must be entered upon the minutes.

§ 7831. Objections overruled. Answer. If an objection to the sufficiency of the accusation is not sustained, the defendant must answer the accusation forth with.

§ 7832. Conviction on plea or trial. If the defendant pleads guilty the court must render judgment of conviction against him. If he denies the matters charged or refuses to answer the accusation, the court must immediately or at such time as it may appoint proceed to try the accusation.

§ 7833. Trial by jury. The trial must be by a jury and conducted in all respects in the same manner as the trial of an information or indictment for a misdemeanor.

§ 7834. Judgment on conviction. Upon a conviction the court must pronounce judgment that the defendant be removed from office. But to warrant a removal the judgment must be entered upon the minutes, assigning therein the causes of removal.

§ 7835. Process for witnesses. The state's attorney or other person appointed to prosecute and the defendant are respectively entitled to such process as may be necessary to enforce the attendance of witnesses, as upon a trial of an information or indictment.

§ 7836. Appeal from judgment of removal. From a judgment of removal an appeal may be taken to the supreme court in the same manner as from a judgment in a civil action; but until such judgment is reversed the defendant is suspended from his office, and pending the appeal the office must be filled as in case of vacancy.

§ 7837. Proceedings to remove state's attorney. The same proceedings may be had on like grounds for the removal of a state's attorney, except that the accusation must be delivered by the judge to the clerk, and by him to such person as may be appointed by the judge to act as prosecuting officer in the matter, who is authorized and required to conduct the proceedings.

§ 7838. Other accusation and proceedings thereon. When an accusation in writing and verified by the oath of any person is presented the district ourt, alleging that an officer within the jurisdiction of the court has been guilty of charging and collecting illegal fees for services rendered or to be rendered in his office, or has refused or neglected to perform the official duties pertaining to his office, or has rendered himself incompetent to perform his said duties

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