Page:1887 Compiled Laws of Dakota Territory.pdf/144

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The Judiciary.
POLITICAL CODE.
§§ 426-428

same shall be certified to as correct by the district attorney of the district, and examined and allowed by the district court, one of which accounts shall be preserved as a public record in the office of the clerk of the district court of the subdivision; and the court shall have full authority to disallow any or all such costs and fees whenever it deems the same illegally or unnecessarily incurred. And the expenses of all criminal prosecutions arising or having arisen in such unorganized counties, including the lawful costs of keeping the prisoners, shall be audited and paid out of the territorial treasury when the same is certified and allowed in the manner prescribed in this section. But no fees, costs or charges shall be certified or allowed unless the same are first duly adjusted; and no fees, costs or charges shall be so certified, allowed or audited as in this section provided, unless the officer prosecuting the same shall attach to such itemized account an affidavit that the same and every item thereof has been actually, legally and necessarily incurred, and that no part thereof has been paid.

Terms of court. s. 16, c. 84, 1881. s. 1, c. 71, 1885. s. 4, c. 13, Pol. C.

§ 426. The judges of the district courts, respectively, shall have power whenever thereunto requested by the board of com­ missioners of the county wherein terms of court are regularly holden, or upon their own motion without such request, by an Order to that effect, to appoint and hold terms of the district court in any county or subdivision; and such judges shall have power to adjourn courts from time to time as they shall deem expedient for the due administration of justice; and such terms shall in all respects be considered the same as the general terms provided in this act. The courts herein appointed shall continue as long as the business therein shall require. The terms of the district courts for subdivisions composed of a single county only shall be held at their respective county seats.

Article 3.-District Attorneys.

Section.

427. District attorney to be elected-Oath and bond.

428. Duties of district attorney.

429. Shall appear for county.

430. Shall give counsel to certain officers.

431. Salary.

432. Fees in certain cases.

Section.

433. Certain fees prohibited.

434. Court may appoint, when.

435. Fines, how disposed of.

436. District attorney shall file statement.

437. Penalty for neglect to pay over money.

438. Shall attend grand jury.

District attorney to be elected­-Oath and bond. s. 1, c. 43, 1883.

§ 427. A district attorney shall be elected in each county in this territory organized for judicial purposes, at the general election in the year 1884, and biennially after the last mentioned election, who shall hold his office for the term of two years and until his successor shall be elected and qualified; and shall, before he enters upon the duties of his office, take and subscribe the oath of office prescribed by law, and shall execute a bond to his county in the penal sum of one thousand dollars, with two or more sureties, to be approved by the county clerk of such county, which bond shall be conditioned for the faithful per­formance of his duties as such district attorney, and that he will pay over to the treasurer of his county, in the manner prescribed by law, all moneys, which come to his hands by virtue of his office, and shall deposit such oath and bond in the county clerk's office; provided, that no person shall be eligible to the office of district attorney who is not duly admitted to practice as an attorney in some court of record in this territory.

Duties of district attorney. s. 2, c. 43, 1883.

§ 428. It shall be the duty of the district attorney of the

several counties to appear in the district courts of their respect­ive counties, and prosecute and defend on behalf of the terri­tory, or his county, all actions or proceedings, civil or criminal, in which the territory or county is interested or a party; and

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