Page:1862 Territory of Dakota Session Laws.pdf/199

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182
CRIMINAL PROCEDURE.
[CHAP. IX.

coroner, constable, officer, or other person, who shall have the lawful custody of such prisoner; every person so offending shall, upon conviction thereof, be fined not exceeding one thousand dollars, and imprisoned in the county jail not exceeding one year.

Officer voluntarily permitting escape of prisoner. Penalty.Sect. 100. If any sheriff, coroner, jailer, keeper of a prison, constable, or other officer or person whatever, having any prisoner in his legal custody, before conviction, shall voluntarily suffer or permit such prisoner to escape or go at large; every such officer or person so offending shall, on conviction, be fined in any sum not exceeding one thousand dollars, and imprisoned in the county jail for any term not exceeding six months: Proviso.Provided, That if such prisoner be in custody charged with murder, or other capital offence, then such officer or person suffering or permitting such escape, shall be punished by confinement in the penitentiary for any term not less than one year, nor more than ten years. Negligent escape. Penalty.A negligent escape of a person charged with a criminal offence, before conviction, from the custody of any of the aforesaid officers, shall be deemed a misdemeanor, and punished by fine not exceeding five hundred dollars.

Proper officer refusing to receive prisoner. Penalty.Sect. 101. If any sheriff, coroner, keeper of a jail, constable, or other officer, shall wilfully refuse to receive or arrest any person charged with a criminal offence, then such sheriff, coroner, jailer, constable, or other officer, shall, on conviction, be fined not exceeding five hundred dollars, and imprisoned not exceeding six months, in the common jail.

If person shall compound criminal offence. Penalty.Sect. 102. If any person shall take money, goods, chattels, lands, or other reward, or promise thereof, to compound any criminal offence, such person or persons shall be fined in double the sum or value of the thing agreed for or taken, but no person shall be debarred from taking his goods or property from the thief or felon, or receiving compensation for the private injury occasioned by the commission of any such criminal offence.

Persons procuring false indictment for criminal offence. Penalty.Sect. 103. If any two or more persons shall conspire or agree, falsely or maliciously, to charge or indict, or cause or procure to be charged or indicted, any person for any criminal offence, each of the persons so offending shall, on conviction, be fined in any sum not exceeding one thousand dollars, and imprisoned not exceeding one year.