Page:1887 Compiled Laws of Dakota Territory.pdf/1253

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Bismarck Penitentiary.
CRIMINAL PROCEDURE.
§§ 7725-7729

of the penitentiary for the preceding year, including the receipts from all sources, all expenditures, and all other matters pertain­ing to the general business, construction and discipline of the penitentiary; also a full statement of the number of convicts received into the penitentiary, and from what county received, and for what crimes convicted; the number discharged, died, escaped and pardoned, and the general health of the convicts. The said directors shall before entering upon the duties of their office give a bond to the territory of Dakota in the sum of ten thousand dollars for the faithful discharge of all the duties of their office. to be approved by the territorial treasurer and put on file in his office.

Pay of the di­rectors.
s. 9, c. 30, sp. 1883.

§ 7725. The said directors shall receive five dollars per day for every day they may be actually employed about the erection of said building; provided, that but one of said directors shall be paid for attendance during the progress of the work, except when meetings are held for conference; and traveling expenses not to exceed ten cents per mile for each mile actually and necessarily traveled in discharge of their duties, the said sum to be paid out of the territorial treasury on the warrant of the auditor.

The penitentiary shall be a prison of the territory­-Division of the territory.
s. 10, c. 30, sp. 1883.

§ 7726. The said penitentiary as herein provided shall be a general penitentiary and prison of the territory of Dakota, for the punishment and reformation of offenders, in which shall be confined and employed at hard labor, and governed in the man­ner hereinafter directed, all offenders who shall hereafter be committed and sentenced according to law, by the district court of the third [and sixth] judicial district of the territory of Dakota, from any of the counties comprising said district; pro­vided, that convicts may be transferred from the penitentiary at Sioux Falls to said penitentiary at Bismarck, or from the peniten­tiary at Bismarck to that at Sioux Falls, under the direction of the governor of the territory, whenever in his judgment the interests of the territory will be promoted thereby; provided, further, that should there be a division in said [third] judicial district, the same shall not affect the provisions of this act, its true intent and meaning being, that all prisoners and convicts sentenced to the penitentiary from the territory now rFebruary 27, 1883,] embraced in said judicial district, shall be confined in said penitentiary at Bismarck, unless transferred therefrom as provided for above.

[The area em braced in the third district at the time of the enactment of the above section has since then been divided into the third and sixth districts.]

Jurisdiction of Burleigh county.
s. 11, c. 30, sp. 1883.

§ 7727. For the purpose of all judicial proceedings, the prison, and precincts thereof shall be deemed to be within and a part of the county of Burleigh, and the courts of said county shall have jurisdiction of all the crimes and offenses committed within the same.

Process served within the prison by the warden.
s. 12, c. 30, sp. 1883.

§ 7728. All process to be served within the precincts of the prison, either upon convicts or upon persons or officers employed within the precincts of the prison, except the warden, shall be served and returned by the warden, and a11 officers and em­ployes of the prison shall be exempt from serving upon juries in any court and from highway poll tax.

Officers of the penitentiary­-Oath.
s. 13 and 27, c. 30, sp. 1883.
§ 7729. The officers of the penitentiary shall consist of the board of directors as herein provided, one warden, one gate keeper, one turnkey, and such guards, overseers, and laborers as

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