Page:1862-63 Territory of Dakota Session Laws.pdf/154

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Section 1. In any case of legal conviction where no punishment is provided by statute, the court shall award such sentence as is according to the degree and aggravation of the offense not cruel or unusual, nor repugnant to the constitutional rights of the party.

Sec. 2. Every court before whom any person shall be convicted upon an indictment for any offense not punishable with death, or by imprisonment in the territorial prison or county jail, may, in addition to the punishment prescribed by law, require such person to recognize with sufficient sureties in a reasonable sum, to keep the peace or to be of good behavior, or both, for any term not exceeding two years, and to stand committed until he shall so recognize.

Sec. 3. In case of the breach of the conditions of such recognizance, the same proceedings shall be had, that are by law prescribed in relation to recognizances to keep the peace.

Sec. 4. Whenever any person convicted of an offense shall be sentenced to pay a fine, or costs, or to be imprisoned in the county jail, or territorial prison, the clerk of the court shall, as soon as may be, make out and deliver to the sheriff of the county, or his deputy, & transcript from the minutes of the court, of such conviction and sentence, duly certified by such clerk, which shall be a sufficient authority for such sheriff to execute such sentence; and lie shall execute the same accordingly.

Sec. 5. In every case in which the punishment in the territorial prison is awarded against any convict, the form of the sentence shall be, that he be punished by confinement at hard labor; and he shall also be sentenced to solitary imprisonment for such term as the court shall direct, not exceeding twenty days at one time; and in the execution of such punishment, the solitary imprisonment shall precede the punishment by hard labor, unless the court shall otherwise order.