Page:1862 Territory of Dakota Session Laws.pdf/197

180 for a term not exceeding one year: Provided, Any officer or person whatever that may or shall assault or beat any individual, under color of his commission or authority, without lawful necessity so to do, shall, on conviction, suffer the same punishment.

. 92. If any person or persons shall set at liberty or rescue any person who shall have been found guilty or convicted of a crime, the punishment of which is death, such person, on conviction thereof, shall be punished by confinement in the penitentiary, for a term not less than one year, nor more than fourteen years; and if any person or persons shall set at liberty or rescue any person who shall have been found guilty or convicted of a crime, the punishment of which is confinement in the penitentiary, whether such person be in custody of an officer or in the penitentiary, the person so offending, on conviction thereof, shall be sentenced to the same punishment that would have been inflicted on the person so set at liberty or rescued.

. 93. If any person shall so set at liberty or rescue any person who, before conviction, stands charged or committed for any capital offence, or any crime punishable by confinement in the penitentiary, such person so offending shall be, on conviction, fined in a sum not exceeding one thousand dollars, and imprisoned in the penitentiary for a term not exceeding three years; and if the person rescued or set at liberty stands charged, committed, or convicted of any misdemeanor, or other offence punishable by fine or imprisonment, or both, the person convicted of such rescue, or setting at liberty, shall suffer the same punishment that would have been inflicted on the person rescued or set at liberty, if he or she had been found guilty.

. 94. If the warden of the penitentiary, or any servant, officer, or agent, belonging to, or in employment at the same, or any sheriff, deputy-sheriff, or jailer, or any person employed by them as a guard, shall fraudulently contrive, procure, aid, connive at, or otherwise voluntarily suffer the escape of any convict in custody or in said penitentiary committed, every such person, on conviction, shall be punished by confinement in said penitentiary, to solitary confinement, for a term not exceeding three months, and by confinement to hard labor for a term not exceeding ten years.