Page:1862-63 Territory of Dakota Session Laws.pdf/164

Rh is bound to appear, and submit to the jurisdiction of the proper court, or officer, the eourt or officer before which he shall have been bound to appear, may cause auch defendant to be arrested in the same manner as upon the finding of an indictment, and may forfeit kis recognizance, and direct the same to be prosecuted.

Sec. 48. Nothing in this act contained, shall invalidate any action, suit, prosecution, process, pleading or proceeding commenced, issued, lad or taken before, or pending when it goes into effect.

Section 1. The common jails now erected, or which shall hereafter be erected, in the several counties in the charge of the respective sheriffs, shall be used as prisons:

1. For the detention of persons charged with offenses, and duly committed for trial.

2. For the detention of persons who may be duly committed to secure their attendance as witnesses on the trial of any criminal cause.

3. For the confinement of persons pursuant to a sentence, upon a conviction for an offense, and of all other persons duly committed for any cause authorized by law.

4. For the confinemert of persons who may be sentenced to imprisonment in the territorial prison, until a suitable prison shall be provided

Sec. 2. Whenever there is no jail erected in any county, every judicial or executive officer of such county, who shall have power to order, sentence, or deliver any person to the county jail, may order, sentence, or deliver such person to the jail of any adjoining county; and if there is no jail erected in any adjoining county, then to either of the forts or garrisons in the territory, with the consent of the commanding