Page:1887 Compiled Laws of Dakota Territory.pdf/1252

§§ 7721-7724

§ 7721. Whenever it shall appear to the satisfaction of the governor, by the representations of the warden and directors of the territorial prison, that any person confined therein, in pursuance of a sentence of any court within this territory, has become insane during such imprisonment and is still insane, it shall be lawful for the governor to make inquiry thereof; and if he shall determine that such person has become and is insane, to make an order that such person be taken from said prison and be confined and treated in one of the territorial hospitals for the insane, and upon his recovery from such insanity, if before the expiration of his sentence, that he be returned to said territorial prison; and it shall be the duty of the warden of said prison to deliver such insane person to the superintendent of such hospital, and such superintendent shall receive such person into such hospital upon the presentation of such order and in obedience thereto, and the expense of the same shall be audited by the auditor and paid upon his warrant out of the territorial treasury.

§ 7722. A penitentiary of the territory of Dakota shall be erected and continually maintained for the care and custody of convicts in Dakota, or of such thereof as may be assigned or sentenced thereto, on a tract of land within the corporate limits of the city of Bismarck, in the county of Burleigh, Dakota territory, or within a radius of one mile of the corporate limits of said city.

§ 7723. Said penitentiary shall be under the direction and government of a board of directors composed of six persons, who shall be appointed by the governor of the territory with the advice and consent of the council. Said directors shall hold their offices respectively, for the term of six years, or until their successors are elected and qualified, unless sooner removed by the governor upon specific charges; and in case a vacancy shall occur in the position of directors such vacancy shall be filled by the governor of the territory, which person so appointed shall hold his position until the end of the next legislature thereafter, unless a new appointment and confirmation shall sooner be made. At every session of the legislative assembly, provided that said body shall not meet oftener than once in two years, the governor shall appoint two directors.

§ 7724. The directors shall make a full and complete report to the governor, to be by him communicated to the legislature at each session, of all their doings, specifying the amount paid to each person, for what service or material the same was paid, and shall also give in detail a statement of the transactions