Page:Revised Codes of the State of North Dakota 1895.pdf/1518

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§§ 8737-8511
CRIMINAL PROCEDURE.
Penitentiary and

shall be furnished to each and every person committed to the penitentiary at the time he is received, and to each and every officer, overseer, guard and employee thereof at the time he is appointed and sworn, and ten copies to the state library for the use of the state officers and the public.

§ 8637. Deputy warden. Bond. Duties. Whenever there is a vacancy in the office of warden or the warden is absent, all the duties of the warden shall devolve upon and be performed by the deputy warden until the vacancy is filled or the warden returns. The deputy warden before entering upon the duties of his appointment shall execute a bond to the state in the sum of ten thousand dollars conditioned to the effect that he will at all times faithfully and impartially discharge the duties of his appointment according to law and the rules and regulations of the penitentiary.

§ 8638. Whom employed as chaplain. Compensation. The warden shall employ the resident clergymen of Bismarck or its vicinity of all denominations, to officiate alternately as chaplain at the penitentiary at a sum not exceeding five dollars per week.

§ 8639. Duties of employees. Acts prohibited. All officers and persons employed in and about the penitentiary shall perform such duties in the oversight and charge thereof, the use and care of the property belonging thereto, and the custody, discipline, government and employment of the inmates as shall be required of them by the warden, in conformity to law and the rules and regulations of the penitentiary; and no such officer or employee shall be engaged directly or indirectly in procuring a pardon for any person confined therein. Any officer or employee violating the provisions of this section shall be immdiately removed.

ARTICLE 5. - How PERSONS COMMITTED TO THE PENITENTIARY.

§ 8540. Sheriffs. Commitments to penitentiary. The sheriff of each county, or some person appointed by the court, shall convey to the penitentiary all persons convicted in his county and sentenced to be confined in said penitentiary, and as soon as may be after such conviction and sentence shall have been had; and after delivering such person or persons to the warden, together with a copy of the judginent and sentence of the court ordering such imprisonment certified by him, the warden shall deliver to such sheriff a receipt in which he shall acknowledge the delivery to him of such person, naming him, and the sheriff shall return said receipt to the clerk of the court where said conviction and sentence were had and said clerk shall file and retain the same in his office; and it shall be the duty of the warden to receive any person so convicted, sentenced and delivered to him, and such person to retain and confine and imprison in the penitentiary until the expiration of the term of his sentence or until otherwise lawfully entitled to be released. It shall also be the duty of the warden immediately upon receipt of any person committed to the penitentiary to enter in a book to be by him kept for that purpose and as an official record of the penitentiary, the name, age, sex, color, height and nationality and each and every othe fact, characteristic an condition, ral or ar that may in any way tend to aid in the identification of such person.

§ 8541. Inmates of penitentiary in custody of warden. All inmates of the penitentiary shall be in the charge and custody of the warden and he shall care for, govern and employ them in the

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