Page:1864-65 Territory of Dakota Session Laws.pdf/70

58 Section 142. Carrying into prison things useful to aid an escape.

143. Concealing escaped prisoners.

144. Assisting prisoners to escape from officer.

145. “Prison" defined.

146. “Prisoner" defined.

Sec. 136. Every prisoner confined upon conviction for a criminal offense, who escapes from prison, may be pursued, retaken and imprisoned again notwithstanding the term for which he was sentenced to be imprisoned may have expired at the time when he is retaken and he shall remain so imprisoned, until tried for such escape, or discharged on a failure to prosecute therefor.

Sec. 137. Every prisoner confined in the territorial prison for a term less than for life, who by force or fraud escapes therefrom, is punishable by imprisonment in such prison for a term not exceeding five years, to commence from the expiration of the original term of his imprisonment.

Sec. 138. Every prisoner confined in the territorial prison for a term less than for life, who attempts by force or fraud, although unsuccessfully, to escape from such prison, is guilty of felony.

Sec. 139. Every prisoner confined in any other prison than the territorial prison, who by force or fraud escapes therefrom, is punishable by imprisonment in the territorial prison not exceeding two years, or in a county jail not exceeding one year, to commence from the expiration of the original term of his imprisonment.

Sec. 140. Every prisoner confined in any other prison than the territorial prison, who attempts by force or fraud, although unsuccessfully, to escape therefrom, is punishable by imprisonment in a county jail not exceeding one year, to commence from the expiration of the original term of his imprisonment.

Sec. 141. Every person who willfully, by any means whatever, assists any prisoner confined in any prison to escape therefrom, is punishable as follows:

1. If such prisoner was confined upon a charge or conviction of felony, by imprisonment in the territorial prison not exceeding ten years;