Page:1862-63 Territory of Dakota Session Laws.pdf/155

146 Sec. 6. Whenever it shall appear to the court, at the time of passing sentence upon any convict, who is to be punished by confinement in the territorial prison, or county jail, that there is no jail in the county in which the offense was committed, suitable for the confinement of such convict, the court may order the sentence to be executed in any county in this territory, in thich there may be a jail suited to that purpose; the expenses of supporting such convict shall be borne, if such convict was sentenced to imprisonment in the county jail, by the county in which the offense was committed.

Sec. 7. When any person shall be convicted of any crime, for which sentence of death shall be awarded against him, the clerk of the court as soon as may be, shall make out and deliver to the sheriff of the county, a certified copy of the whole record of the conviction and sentence, and the sheriff shall forth with transmit the same to the governor, and the sentence of death shall not be executed upon such convict, until a warrant shall be issued by the governor, under the seal of the territory, with a copy of the record thereto annexed, commanding the sheriff to cause execution to be done, and the sheriff shall thereupon cause to be executed the judgment and sentence of law upon such convict.

Sec. 8. If it shall appear to the satisfaction of the governor, that any convict who is under sentence of death, has become insane, the warrant for his execution may be delayed; or if such warrant has been issued, the execution thereof may be respited from time to time, so long as the governor shall think proper; and if any female convict, who is under sentence of death, shall be quick with child, the governor shall forbear to issue a warrant for the execution; or if such warrant has been issued, the execution thereof shall be respited, until it shall appear to the satisfaction of the governor, that such female is no longer quick with child.

Sec. 9. The punishment of death shall in all cases be inflicted by hanging the convict by the neck, until he be dead; and the sentence shall at the time directed by the warrant, be executed at such place within the county as the sheriff shall select.

Sec. 10. Whenever the punishment of death shall be inflicted