Page:1887 Compiled Laws of Dakota Territory.pdf/1272

§§ 7833-7839

§ 7833. When a prisoner is confined by virtue of any process directed to the sheriff, and which shall require to be returned to the court whence it issued, such sheriff shall keep a copy of the same, together with his returns made thereon, which copy, duly certified by such sheriff, shall be prima facie evidence of his right to retain such prisoner in custody.

§ 7834. All instruments of every kind, or attested copies thereof, by which a prisoner is committed or liberated, shall be regularly indorsed and filed, and safely kept in a suitable box by such sheriff, or by his deputy, acting as a jailer.

§ 7835. Such box, with its contents, shall be delivered to the successor of the officer having charge of the prison.

§ 7836. When there is no sufficient prison in any county wherein any criminal offense shall have been committed, any judge of the district court of such county, upon application of the sheriff, may order any person charged with a criminal offense, and ordered to be committed to prison, to be sent to the jail of the county nearest having a sufficient jail, and the sheriff of such nearest county shall, on exhibit of such judge's order, receive and keep in custody, in the jail of his county, the prisoner ordered to be committed as aforesaid, at the expense of the county from which said prisoner was sent, and the said sheriff shall, upon the order of the district court, or a judge thereof, redeliver such prisoner when demanded.

§ 7837. Any county jail may be used for the safe keeping of any fugitive from justice or labor in this territory, in accordance with the provisions of any act of congress, and the jailer shall, in this case, be entitled to reasonable compensation for the support and custody of such fugitive from the officer having him in custody.

§ 7838. Juvenile prisoners shall be treated with humanity, and in a manner calculated to promote their reformation; they shall be kept, if the jail will admit of it, in apartments separate from those containing more experienced and hardened criminals; the visits of parents, guardians and friends, who desire to exert a moral influence over them, shall at all reasonable times be permitted.

§ 7839. If any person shall be committed or detained for any criminal or supposed criminal matter, it shall and may be lawful for him to apply to the supreme or district court, in term time, or any judge thereof, in vacation, for a writ of habeas corpus, which application shall be in writing, and signed by the