Page:Revised Codes of the State of North Dakota 1895.pdf/1457

Before Trial. action is pending, the court shall thereafter proceed in said action, as follows:

1. If the defendant, or a defendant asks for a change of the place of trial of said action on any of the grounds specified in section 8110 of this code, and also for the cause mentioned in this section, it shall be the duty of the court to order said action removed for trial to some other county or judicial subdivision in this state, as provided in this article, and to request, arrange for and procure some other judge than the one objected to, to preside at the trial of said action; or,

2. If a change is asked for only on account of the cause mentioned in this section, the court in which said action is pending may order said action removed to a county or judicial subdivision in an adjoining judicial district in which it can be conveniently and expeditiously tried before another judge, or may request, arrange for and procure the judge of another judicial district to preside at said trial in the county or judicial subdivision in which the action is pending: A change upon the ground in this section provided for must be asked before the trial is begun and nut more than one change can be granted therefor; but if a trial has been had without a verdict, a change for any of the causes mentioned in this article may be had if asked for at the term at which said trial was had, and before another trial of the action is begun.

§ 8121. Prosecution. Jurisdiction of court. When the place of trial of a criminal action is changed as in this article provided, the state's attorney of the county or judicial subdivision, or other person appointed to prosecute, where the action was commenced, shall prosecute the case for the state. The court to which the action is removed for trial shall have full jurisdiction and authority to hear, try and determine the action, and upon conviction to impose the punishment prescribed by law; and the trial shall be conducted in all respects as if the action had been commenced in said court, and the costs accruing from a change of the place of trial and the costs of the trial shall be paid by the county or judicial subdivision where the offense was committed, or otherwise as provided by law. It is hereby made the duty of each judge of the several judicial districts of this state, whenever requested by another judge of the district court to preside at the trial of a criminal action, to respond as speedily as may be, and to preside at any trial to which he may be called under the provisions of this article, and all rulings, orders and acts made or done in carrying out the provisions of this article in any criminal action, shall have the same force and validity as if said action had been tried or said rulings, orders and acts made or done in the judicial district for which such judge was elected.

§ 8122. Removal by state. Procedure. The state's attorney, on behalf of the state, may also apply in a similar manner for a removal of the action, and the court being satisfied that it will promote the ends of justice, may order such removal upon the same terms and to the same extent as are provided in this article, and the proceedings on such removal shall be in ail respects as above provided.

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