Page:1887 Compiled Laws of Dakota Territory.pdf/1269

Prisons and Imprisonment. dar under his hand, to the judge holding said court, and if any sheriff shall neglect or refuse so to do, he shall be punished by fine not exceeding three hundred dollars.

§ 7812. In the jails erected, or which shall be hereafter erected in this territory, there shall be provided sufficient and convenient apartments for confining prisoners not criminal, separate from felons and other criminals, and also for confining persons of different sexes, separate and apart from each other.

§ 7813. Whenever any person shall be confined in any jail pursuant to the sentence of any court, if such sentence or any part thereof shall be that he be confined at hard labor, the sheriff of the county in which such person shall be confined shall furnish such convict with suitable tools and materials to work with, if, in the opinion of the said sheriff, the said convict can be profitably employed either in the jail or yard thereof, and the expense of said tools and materials shall be defrayed by the county in which said convict shall be confined, and said county shall be entitled to his earnings. And the said sheriff, if in his opinion the said convict can be more profitably employed out­side of said jail or yard, either for the county or for any munici­pality in said county, it shall be his duty to so employ said con­vict either in work on public streets or highways or otherwise, and in so doing he shall take all necessary precaution to prevent said convict's escape, by ball and chain or otherwise, and fifty per cent. of the profits of such employment, after paying all expenses incident thereto, may be retained by said sheriff as his fees therefor, the balance to be paid into the treasury of the proper county to the credit of the general fund; and when a convict is imprisoned in the county jail for nonpayment of a fine he may be employed by said sheriff as provided in this chapter; and in case any convict employed outside of the jail yard shall escape, he shall be deemed as having escaped from the jail proper.

§ 7814. Any court, justice of the peace, police court or police magistrate, in cases where such courts have jurisdiction under the laws of this territory, or as provided by the ordinances or charter of any incorporated town or city in the territory, shall have full power and authority to sentence such convict to hard labor as provided in this chapter.

§ 7815. When the imprisonment is pursuant to the judgment of any court, police court, police magistrate of an incorpor­ated city or town for the violation of any ordinance, by-law, or other regulation, the marshal shall superintend the performance of the labor herein contemplated, and shall furnish the tools and materials, if necessary, at the expense of the city or town requiring the labor, and such city or town shall be entitled to the earnings of its convicts.

§ 7816. The officer having charge of any convict for the purpose specified in this chapter may use such means as, and no more than, are necessary to prevent escape, and if any convict attempt to escape either while going from or returning to the jail, or while at labor, or at any time, or if he refuse to labor, the officer having him in charge, after due inquiry, may, to secure such person or to cause him to labor, use the means authorized by section 7820; provided, such punishment shall all be inflicted within the jail or jail inclosure for refusal to work, and shall not be considered as any part of the time for which the prisoner is sentenced.