Page:1887 Compiled Laws of Dakota Territory.pdf/1251



§ 7715. All sums of money now due said penitentiary from any source for labor or material, and all money received for the services of convicts under contract which may be made by the directors of said penitentiary, shall be paid into the territorial treasury.

§ 7716. In every contract made pursuant to the authority herein conferred there shall be reserved to the directors of said prison and to the warden, and each and every of his subordinates, full power and authority to prevent the demanding or imposition of unusual or severe labor, or labor whereby the health or safety of the convicts may be impaired or jeopardized; and the said warden may from time to time prescribe all needful rules for the government and conduct of all contractors, their overseers and agents in their relations to the convicts, and may require summary dismissal of any individual employed by any contractor in said prison whenever it shall appear that the presence or conduct of such individual is prejudicial to the discipline of the prison or the welfare of the convicts.

§ 7717. Adequate security shall be exacted of all contractors for the faithful performance of all the provisions of the contracts on their part to be performed, and the directors and warden of said prison shall use their utmost endeavors to have all the terms and conditions of said contracts fully complied with on the part of the warden; but no contractor shall have or claim from the territory of Dakota, or the warden, or from the prison, or any of its funds, any damages, whether by way of recoupment, set off, or otherwise, for or on account of the failure or neglect of said warden to furnish to such contractor the labor of the full number of convicts specified in his contract.

§ 7718. The board of directors of said prison are empowered to make all needful rules and regulations for the guidance of the warden in the exercise of the authority herein conferred upon him, and may, whenever in their judgment it is impracticable to continue to furnish the labor of convicts to any contractor, order and direct the cancellation of any contract, and thereupon, after six months' notice to such contractor, all obligations of the warden under such contract shall cease and determine, and such contractor shall not have or be entitled to have any compensation, whether by way of damages, set off, recoupment or otherwise, in consequence thereof.

§ 7719. Whenever any convict convicted under the territorial law, by continued good behavior, diligence in labor or study, or otherwise, shall surpass the general average of convicts, he may be compensated therefor, at the discretion of the governor, upon the recommendation in writing of the directors, either by diminishing the period of his confinement or by payment in money, or both,

§ 7720. Before entering into any contract for the leasing of convict labor, the warden shall, by public advertisement, invite sealed proposals for the hiring of such labor, shop room, machinery and power. Such advertisement shall specify the time and place when and where such proposals will be opened and considered, and there shall be reserved the right to reject any or all bids that may be made.

Section.

7721. Proceedings when convict becomes insane.