Page:1887 Compiled Laws of Dakota Territory.pdf/1259

Bismarck Penitentiary.

§ 7762. The warden is authorized and empowered by and with the advice and approval of the board of directors of said penitentiary, to lease from time to time the labor of such portion of the able bodied prisoners confined therein, together with such shop room, machinery and power as may be necessary for their proper employment, to such persons for such purposes, upon such terms and conditions, and for such length of time, not exceeding five years at any one time, as he shall deem most conducive to the interests of the territory and the welfare of the prisoners.

§ 7763. In every contract made pursuant to the authority herein conferred, there shall be reserved to the directors of said penitentiary, and to the warden and to each and every one 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 contracter 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.

§ 7764. 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 penitentiary 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 the contract.

§ 7765. The board of directors of said penitentiary 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 contract or 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.

§ 7766. 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 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.