Page:1862-63 Territory of Dakota Session Laws.pdf/170

Rh prisoners in their custody, under the authority of the United States, with the date of their commitment, by whom committed, and for what offense, and transmit the same to the judge of the district court of the United States, for this district, and at the end of every six months they shall transmit to the United States marshal of this territory, for allowance and payment of their account, if any, against the United States, for the support and keeping of such prisoners as aforesaid.

Sec. 25. That there shall be established and kept in every county, by authority of the board of county commissioners and at the expense of the county, a prison for the safe keeping of prisoners lawfully committed.

Sec. 26. That the grand jury at each term of the district court, shall make personal inspection of the condition of the county prison, as to the sufficiency of the same for the safe keeping of prisoners, their convenient accommodation and health, and shall inquire into the manner in which the same has been kept since the last term; and the court shall give this duty in special charge to such grand jury, and it shall be imperative upon the board of county commissioners to issue the necessary orders, or cause to be made the necessary repairs, in accordance with the complaint or recommendation of the grand jury.

Sec. 27. The sheriff of the county, by himself or deputy, shall keep the jail, and shall be responsible for the manner in which the same is kept; he shall keep separate rooms for the sexes, except where they are lawfully married; he shall provide proper meat, drink and fuel for prisoners.

Sec. 28. Whenever a prisoner is committed for crime or in any suit in behalf of the territory, the county board shall allow the sheriff his reasonable charge for supplying such prisoner.

Sec. 29. When a prisoner is confined by virtue of any process directed to the sheriff, and which shall require to be returned to the court, whence it issued, such sheriff shall keep a copy of the same, together with his returns made thereon, which copy, duly certified by such sheriff, shall be prima facie evidence of his right to retain such prisoner in custody.

Sec. 30. All instruments of every kind, or attested copies thereof, by which a prisoner is committed or liberated, shall be