Page:Revised Codes of the State of North Dakota 1895.pdf/1481

Judgment and Execution. § 8295. Judgment for fine and costs. A judgment that the defendant pay a fine and costs, may also direct that he be imprisoned until both the fine and costs are satisfied, specifying the extent of the imprisonment, which must not exceed one day for every two dollars of the fine and costs, but such imprisonment does not discharge the judgment for fine and costs or either, and said judgment may at any time thereafter within the time limited by law, be collected upon execution issued thereon.

§ 8296. Same. To be docketed. A judgment that the defendant pay a fine and costs or either, must be docketed and thereafter constitutes a lien upon the real estate of the defendant in like manner as a judgment for money rendered in a civil action.

§ 8297. Judgment. Entered in minutes. Record. When judgment upon a conviction is rendered, the clerk must enter the same upon the minutes, stating briefly the offense for which the conviction has been had, and must, as soon as may be, annex together and file the following papers which constitute a record of the action:

1. The information or indictment and all the papers filed in the action together with a copy of the minutes of the plea or demurrer.

2. A copy of the minutes of the trial.

3. The written charges given or refused, with indorsements if any thereon; the written instructions given by the court and the copy of any oral instructions by the court and filed with the clerk.

4. A copy of the judgment.

ARTICLE 2.- THE EXECUTION.

§ 8298. Execution to officer. When a judgment other than of death has been pronounced, a certified copy of the entry thereof upon the minutes must be forthwith furnished to the officer whose duty it is to execute the judgment, and no other warrant or authority is necessary to justify or require its execution.

§ 8299. For fine and costs. If the judgment is for a fine and costs or either alone, execution may issue thereon as on a judgment in a civil action.

§ 8300. For imprisonment or fine and imprisonment. If the judgment is imprisonment, or a fine and imprisonment until such fine is paid, the defendant must forth with be committed to the custody of the proper officer, and by him detained until the judgment is complied with

§ 8301. Judgment. By what officer executed. When the judgment is imprisonment in the county jail, or a fine and that the defendant be imprisoned until it is paid, the judgment must be executed by the sheriff of the county or subdivision. In all other cases when the sentence is imprisonment, the sheriff of the county must deliver the defendant to the proper officer, in execution of the judgment.

§ 8302. Judgment of imprisonment in penitentiary. If the judgment is for imprisonment in the penitentiary, the sheriff of the county or subdivision must, upon receipt of a certified copy thereof, take and deliver the defendant to the warden, superintendent or keeper of the penitentiary. He must also deliver to the warden or other proper officer a certified copy of the judgment, and take from the warden or other proper officer a receipt for the defendant, and make return thereof to the court.

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