Page:1887 Compiled Laws of Dakota Territory.pdf/1271

Prisons and Imprisonment. ceed to inquire into the truth of said report, and if they shall be satisfied that such report is true, and the convict has not had since his conviction any estate, real or personal, with which he could have paid the sum for the nonpayment of which he was committed, they shall make a certificate thereof to the sheriff of the county, and direct him to discharge such convict from prison, and the sheriff shall forth with discharge him.

§ 7826. All sheriffs, jailers, prison keepers, and their and each and every of all their deputies, within this territory, to whom any person or persons shall be sent or committed, by virtue of legal process, issued by or under the authority of the United States, shall be and they are hereby enjoined and required to receive such persons into custody, and to keep them safely until they be discharged by due course of the laws of the United States; and all such sheriffs, jailers, prison keepers and their deputies, offending in the premises, shall be liable to the same pains and penalties, and the parties aggrieved shall be entitled to the same remedies against them, or any of them, as if such prisoners had been committed to their custody by virtue of legal process issued under the authority of this territory.

§ 7827. The United States shall be liable to pay for the support and keeping of said prisoners the same charges and allowances as are allowed for the support and keeping of prisoners committed under authority of this territory.

§ 7828. Before every stated term of the United States court, to be held within this territory, the said sheriffs, jailers and prison keepers shall make out, under oath, a calendar of prisoners in their custody, under the authority of the United States, with the date of their commitment, by whom committed, and for what offense, and transmit the same to the judge of the district court of the United States for this district, and at the end of every six months they shall transmit to the United States marshal of this territory, for allowance and payment of their account, if any, against the United States, for the support and keeping of such prisoners, as aforesaid.

§ 7829. There shall be established and kept in every county, by authority of the board of county commissioners and at the expense of the county, a prison for the safe keeping of prisoners lawfully committed.

§ 7830. The grand jury, at each term of the district court, shall make personal inspection of the condition of the county prison, as to the sufficiency of the same for the safe keeping of prisoners, their convenient accommodation and health, and shall inquire into the manner in which the same has been kept since the last term; and the court shall give this duty in special charge to such grand jury, and it shall be imperative upon the board of county commissioners to issue the necessary orders, or cause to be made the necessary repairs, in accordance with the complaint or recommendation of the grand jury.

§ 7831. The sheriff of the county, by himself or deputy, keep the jail, and shall be responsible for the manner in which the same is kept. He shall keep separate rooms for the sexes, except where they are lawfully married; he shall provide proper meat, drink and fuel for prisoners.

§ 7832 Whenever a prisoner is committed for crime, or in any suit in behalf of the territory, the county board shall allow the sheriff his reasonable charge for supplying such prisoner.