Page:1862-63 Territory of Dakota Session Laws.pdf/169

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CRIMINAL CODE.

such danger, and such removal and confinement shall not be deemed an escape of such prisoners.

Sec. 21. When any poor convict shall have been confined in any prison for the space of six months, for the non-payment of fine and costs only, or either of them, the sheriff of the county in which such person shall be imprisoned shall make a report thereof to any two justices of the peace for such county; if required by such justices, the said keeper shall bring such verdict before them, either at the prison, or at such other convenient place thereto as they shall direct, the said justices shall proceed 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 non-payment 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 forthwith discharge him.

Sec. 22. All sheriffs, jailors, 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, jailors, 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.

Sec. 23. 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 the authority of this territory.

Sec. 24. Before every stated term of the United States court, to be held within this territory, the said sheriffs, jailors, and prison keepers shall make out, under oath, a calendar of
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