Page:1862 Territory of Dakota Session Laws.pdf/218

CHAP. IX.] . 168. All offences herein defined shall be prosecuted and punished as by this chapter is prescribed, and not otherwise; and all other offences may be punished by fine and imprisonment, in the discretion of the court: Provided, The fine in no case shall exceed one hundred dollars, and the imprisonment six months.

. 169. Whenever the punishment for any crime or misdemeanor is discretionary as to the extent or amount thereof, the court shall determine and affix the same, whether the punishment consist of corporeal punishment, imprisonment, or fine.

. 170. All fines imposed by virtue of any of the laws of this territory for the punishment of crimes and misdemeanors, shall, when collected, paid into the treasury of the county where the offence shall be tried, for the use of such county, unless otherwise specially directed: Provided, however, That nothing in this section contained shall be so construed, as to found or constitute a cause of challenge or objection to any grand or petit juror.

. 171. The benefit of clergy, appeals of felony, and trials by battle, shall be and are hereby forever abolished.

. 172. The court shall have power, in all cases of conviction under this chapter, when any fine is inflicted to order, as part of the judgment of the court, that the offender shall be committed to jail, there to remain until the fine and costs are fully paid or otherwise legally discharged.

. 173. Each and every person who may hereafter be convicted of the crime of rape, kidnapping, wilful and corrupt perjury or subornation of perjury, arson, burglary, robbery, sodomy, or the crime against nature, incest, larceny, forgery, counterfeiting, or bigamy, shall be deemed infamous, and shall forever thereafter be rendered incapable of holding any office of honor, trust, or profit, of voting at any election, and of serving as a juror.

. 173. It shall be the duty of the district court, when any indictment shall be found as a true bill, to make an order, fixing the amount of bail to each offence bailable by