Page:1887 Compiled Laws of Dakota Territory.pdf/1084

§§ 6336-6342 attempting to rescue any prisoner from any officer or other person having him in lawful custody, is punishable as follows:

1. If such prisoner was in custody upon a charge of conviction of felony, by imprisonment in the territorial prison for not less than ten years.

2. If such prisoner was in custody, otherwise than upon a charge or conviction of felony, by imprisonment in a county jail not exceeding one year, or by fine not exceeding five hundred dollars, or by both such fine and imprisonment.

§ 6336. Every person who wilfully injures or destroys, takes or attempts to take, or assists any other person in taking or attempting to take from the custody of any officer or person, any personal property which such officer or person has in charge under any process of law, is guilty of a misdemeanor.

§ 6337. 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.

§ 6338. 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.

§ 6339. 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.

§ 6340. Every prisoner confined in any other 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.

§ 6341. 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.

§ 6342. Every person who wilfully, 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.

2. If such prisoner was confined otherwise than upon a charge or conviction of felony, by imprisonment in the county