Page:1887 Compiled Laws of Dakota Territory.pdf/1270

This page has been proofread, but needs to be validated.
§§ 7817-7825
CRIMINAL PROCEDURE.
Prisons and Imprisonment.

Convicts shall be given credit for labor.
s. 5, c. 36, 1879.

§ 7817. For every day's labor performed by any convict under the provisions hereof, there shall be credited on any judgment for fine and costs against him the sum of two dollars.

Penalty for cruelty to convict.
s. 6, c. 36, 1879.

§ 7818. If any officer or other person treat any prisoner in a cruel or inhuman manner, he shall be punished by a fine not exceeding one thousand dollars, or by imprisonment in the county jail not exceeding twelve months, or by both such fine and imprisonment.

Penalry for annoying a convict.
s. 7, c. 36, 1879.

§ 7819. The officer having such prisoner in charge shall protect him from insult and annoyance and communication with others while at labor, and in going to and returning from the same, and he may use such means as are necessary and proper therefor; and any person persisting in insulting and annoying, or communicating with any prisoner after being first command- ed by such officer to desist, shall be punished by a fine not exceeding ten dollars, or by imprisonment not exceeding three days.

Punishment of convict for disorderly conduct.
s. 8, c. 36, 1879.

§ 7820. If any person confined in any jail upon a conviction or charge of any offense, is refractory or disorderly, or if he wilfully destroy or injure any article of bedding or other furniture, door or window, or any other part of such prison, the sheriff of the county, after due inquiry, may chain and secure such person, or cause him to be kept in solitary confinement not more than three days for any one offense; and during such solitary confinement he may be fed with bread and water only, unless other food is necessary for the preservation of his health.

Punishment for escaping from prison.
s. 1, c. 89, 1883.

§ 7821. Any person committed to a territorial prison who shall escape from or break said territorial prison with intent to escape therefrom, or who shall attempt by force or violence, or in any other manner, to escape from said prison, whether such escape be effected or not, shall, upon conviction thereof, be punished by imprisonment in said prison for a term not exceeding double the term for which he or she was so sentenced, to commence from and after the expiration of his or her former sentence.

Same for person not convicted.
s. 644, Crim. Pr.

§ 7822. If any person who may be imprisoned pursuant to a sentence of imprisonment in the county jail, or any person who shall be committed for the purpose of detaining him for trial, for any offense not capital, shall break prison and escape, he shall be imprisoned in the county jail for the term of six months.

Same when committed for capital offense.
s. 645, Crim. Pr.

§ 7823. If any person who shall be committed to prison, for the purpose of detaining him for trial, for a capital offense, shall break prison and escape, he shall be imprisoned in the territorial prison for the term of two years.

Prisoners in case of fire.
s. 646, Crim. Pr.

§ 7824. If any prison, or any building thereto, shall be on fire, and the prisoners shall be exposed to danger by such fire, the keeper may remove such prisoners to a place of safety, and there confine them, so long as may be necessary to avoid such danger, and such removal and confinement shall not be deemed an escape of such prisoners.

When a poor convict is held for fine and costs.
s. 647, Crim. Pr.

§ 7825. When any poor convict shall have been confined in any prison for the space of six months, for the nonpayment of fine and costs only, or either of them, the sheriff of the county in which such person shall be imprisoned shall make a report thereof to any two justices of the peace for such county; if

required by such justices, the said keeper shall bring such convict before them, either at the prison, or at such other convenient place thereto as they shall direct; the said justices shall pro-

1246