Page:Revised Codes of the State of North Dakota 1895.pdf/1456

§§ 8114–8120 the action, including the undertakings for the appearance of the defendant and of the witnesses.

§ 8114, Disposition of defendant. If the defendant is in custody, the order must provide for the removal of the defendant, by the sheriff of the county or subdivision where he is imprisoned, to the custody of the proper officer of the county or subdivision to which the action is removed, and he must be removed according to the terms of such order.

§ 8116. Court may require bail. When the court has ordered a removal of the action, it may require the accused, if the offense is then bailable, to enter into an undertaking with good and sufficient sureties to be approved by the court, in such sum as the court may direct, conditioned for his appearance in the court to which the action has been removed, on the first day of the next term thereof, and to abide the order of such court, and in default of such undertaking, a warrant shall be issued to the sheriff, or other proper officer, commanding him safely to keep, and at the proper time to convey the prisoner to the jail of the county or subdivision where he is to be tried, there to be safely kept by the jailer thereof, until discharged by due course of law.

§ 8116. Witnesses. Undertaking. Notice. Subpoena. If the order of removal is made at a term of the court, it is notice to every person who has entered into an undertaking to appear at such term, to appear at the trial of the action before the court to which the same is removed. In other cases the witnesses must be subpoenaed as provided by this code, or the court may require the witnesses on the part of the state, to give security for their appearance before the court in which the defendant is to be tried, as provided by law in other cases.

§ 8117. Trial. Original pleadings. Copies. The court to which the action is removed must proceed to trial and judgment therein the same in all respects as if the action had been commenced in such court. If it is necessary to have any of the original pleadings, or other papers before such court, the court from which the action is removed must at any time, upon application of the state's attorney or the defendant, order such papers or pleadings to be transmitted by the clerk, a certified copy thereof being retained.

§ 8118. Clerk. Neglect. Damages. If the clerk of the district court neglects or refuses to perform any duty in relation to the removal of a cause, it shall be deemed a breach of his official bond and he forfeits a sum not exceeding five hundred dollars. to be recovered by an action on his official bond in the name of and for the use of the state or in the name of and for the use of the person injured, as the facts may be.

§ 8119. Several defendants. Removal by one. If there are several defendants in a criminal action and the place of trial is changed as to one or more of them and not as to the others, the others must be tried as if the place of trial had not been changed as to any defendant.

§ 8120. Prejudice of judge. Affidavit. Procedure. Whenever the defendant, or a defendant, in a criminal action shall file his affidavit stating that he has good reason to believe and does believe that he cannot have a fair and impartial trial of such action on account of the prejudice of the judge of the district court in which said

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