Page:Revised Codes of the State of North Dakota 1895.pdf/1275

Escapes. 1. If such prisoner is held or confined upon a charge, arrest, commitment or conviction for felony, by imprisonment in the penitentiary not less than one and not exceeding ten years.

2. If such prisoner is held or confined otherwise than upon a charge, arrest, commitment or conviction for felony, by imprisonment in the county jail not exceeding one year, or by a fine of five hundred dollars.

§ 6952. Assisting escape from oficer. Every person who aids or assists a prisoner in escaping or attempting to escape from the lawful custody of a sheriff or other officer or person, is guilty of a felony, if the prisoner is held under arrest, commitment or conviction for a felony, or upon a charge thereof; and of a misdemeanor, if the prisoner is held under arrest, commitment or conviction for a misdemeanor, or upon a charge thereof.

§ 6953. Officer permitting, escape. Every sheriff or other officer or person, who allows a prisoner, lawfully in his custody, in any action or proceeding, civil or criminal, or in any prison under his charge or control, to escape or go at large, except as permitted by law, or connives at or assists such escape, or omits an act or duty whereby such escape is occasioned or contributed to or assisted, is:

1. If he corruptly and willfully allows, connives at or assists the escape, guilty of a felony.

2. In any other case, he is guilty of a misdemeanor.

§ 6964. Punishment for permitting escape. Every officer who is convicted of the offense specified in the first subdivision of the last section, forfeits his office, and is forever disqualified to hold any office or place of trust, honor or profit under the laws of this state.

§ 6955. Concealing escaped prisoner. Every person who knowingly or willfully conceals or harbors for the purpose of concealment, a person who has escaped or is escaping from custody, is guilty of a felony if the prisoner is held upon a charge or conviction of felony, and of a misdemeanor if the person is held upon a charge or conviction of misdemeanor.

§ 6956. Prison defined. The term “prison," in this chapter includes the penitentiary, county jails, and every place designated by law for the keeping of persons held in custody under process of law or under any lawful arrest.

§ 6957. Prisoner defined. The term "prisoner," in this chapter includes every person held in custody under process of law issued from a court of competent jurisdiction, whether civil or criminal, or under any lawful arrest.

§ 6968. Escaping from penitentiary. Prosecution. Expense, how paid. Whenever a prosecution takes place, of any person for any crime or public offense committed by, or charged against him while such person was, or is under sentence to be or is confined in the penitentiary, the clerk of the district court, where such trial is had, shall make out a detailed statement of all the costs incurred by the county for the trial of such person, including his preliminary examination, and for keeping and guarding him, and the judge of said court shall certify that the same is correct. The said clerk shall thereupon transmit said certified statement to the state auditor, and said state auditor shall audit said expenses and statement and draw his warrant in favor of the treasurer of the county for the amount allowed, to be paid out of the state treasury.