Page:1862 Territory of Dakota Session Laws.pdf/240

CHAP. IX.]

. 237. Until the erection of a territorial penitentiary, it shall be the duty of the district judge or judge before whom any conviction under the provisions of this criminal code is had, to direct the sheriff of the county thereof to convey the convict or convicts, safely to any county jail in the territory that may be designated for his or her confinement, by said court or judge, and it shall likewise be the duty of said sheriff to safely keep in custody and deliver said convict or convicts to the jailer thereof, according to the order of the said court or judge or judges. The jailer of the county jail, thus designated by the court as aforesaid, shall receive of the sheriff and keep said convict or convicts, closely confined in said jail, or at hard labor, until discharged by due course of law.

. 238. The sheriff or jailer, refusing or omitting to comply with the order of the court aforesaid of the provisions of this act, shall be guilty of a misdemeanor, and on conviction thereof, shall be fined not less than one hundred dollars nor more than one thousand dollars, or imprisoned in the county jail not less than six months nor more than one year, at the discretion of the court before whom the conviction is had.

. 239. If any person, confined in a place of confinement for any term less than for life, or in lawful custody going to the place of confinement, shall break such prison or custody, and escape therefrom, he shall, upon conviction, be punished by confinement for a term not exceeding five years, to commence from the expiration of the original term of imprisonment.

. 240. All fines and forfeitures accruing by virtue of any of the provisions of this code shall be paid into the county treasury, one half thereof for the use of the school fund, to be distributed as other moneys, and the other half for the use of the respective counties where the prosecution or prosecutions are had: Provided, That wherever in this code moneys arising from certain fines and forfeitures are specially appropriated, such special and different appropriation shall prevail and be carried into effect.