Page:1862-63 Territory of Dakota Session Laws.pdf/76

Rh Sec. 11. Every person who shall convey into any jail, house man of correction, house of reformation or other like place of confinement, any disguise, or any instrument, tool, weapon, or other thing, adapted or useful to aid any prisoner to make his escape, with intent to facilitate the create of any prisoner there lawfully committed or detained, or shall by any means whatever, aid or assist any such prisoner in his endeavor to escape there from, whether such escape be attempted or effected or not; and every person who forcibly rescues any prisoner held in custody, upon any conviction or charge of an offense, shall be punished by imprisonment in the territorial prison, not more than four years, nor less than two years, or iſ the person whose escape or rescue was effected or intended, was charge with an offense not capital, nor punishable by imprisonment in the territorial prison, then the punishment for the offense mentioned in this section, shall be by imprisonment in the county jail not more than one year, or by fine not exceeding two hundred dollars.

Sec. 12. Every person who shall aid or assist any prisoner in escaping, or in attempting to escape from any officer or person who shall have the lawful custody of such prisoner, shall be punished by imprisonment in the county jail not more than one year, or by fine not exceeding live hundred dollars.

Sec. 13. If any jailor or other officer shall voluntarily suffer any prisoner in his custody, upon conviction of any criminal charge, to escape lie shall suffer, unless the prisoner was charged with or convicted of a capital offense, the like punishment and penalties as the prisoner so suffered to escape was sentenced to, or would be liable to suffer upon conviction for the crime or offense wherewith he 3:00! charged; and if the prisoner was charged with or convicted of a capital offense, be shall be punished by imprisonment in the territorial prison not more than thirty years, nor less than five years.

Sec. 14. If any jailor or other officer shall, through negligence, suffer any prisoner in his custody, upon conviction or upon any criminal charge, to escape, or shall willfully refuse to receive into his custody any prisoner lawfully committed thereto on any criminal charge or conviction, or on any lawful process whatever, he had be punished by imprisonment in the county jail not more than two years, or by a fine not exceeding three hundred dollars.