Page:1887 Compiled Laws of Dakota Territory.pdf/1267

Prisons and Imprisonment.

§ 7802. The common jails now erected, or which shall hereafter be erected, in the several counties in the charge of the respective sheriffs, shall be used as prisons:

1. For the detention of persons charged with offenses, and duly committed for trial.

2. For the detention of persons who may be duly committed, to secure their attendance as witnesses on the trial of any crim- inal cause.

3. For the confinement of persons pursuant to a sentence, upon a conviction for an offense, and of all other persons duly committed for any cause authorized by law.

4. For the confinement of persons who may be sentenced to imprisonment in the territorial prison, until a suitable prison shall be provided.

§ 7803. Whenever there is no jail erected in any county, every judicial or executive officer of such county who shall have power to order, sentence, or deliver any person to the county jail, may order, sentence or deliver such person to the jail of any adjoining county; and if there is no jail erected in any adjoining county, then to either of the forts or garrisons in the territory, with the consent of the commanding officer of the same; and the jailer of any such adjoining county shall receive and keep such prisoner in the same manner as if he had been ordered, sentenced, or delivered to him by any officer or court of his own county. The county from which such prisoner was taken shall pay all the expenses of keeping and maintaining him in said jail.

§ 7804. The county commissioners in the several counties shall be inspectors of the prisons in their respective counties, and shall visit them at least once in each year, and shall examine fully into the condition of such prison, as to health, cleanliness and discipline; and the keeper thereof shall lay before them a calendar setting forth the name, age and cause of committal of each prisoner; and if it shall appear to the said inspectors that any of the provisions of law have been violated or neglected, they shall forthwith give notice to the district attorney of the county.

§ 7805. No sheriff, jailer, or keeper of any prison, shall, under any pretense, give, sell or deliver to any person committed to any