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Penalty.

acid, or any other active poison, without having the word label "poison." "poison," and the true name thereof, in English, written or printed upon a label attached to the vial, box, or parcel containing the same, shall be punished by a fine not exceeding one hundred dollars.

SECT. 6. This act to take effect from and after its and approval by the governor.

Approved April 30, 1862.

passage,

Take effect, when.

INDIANS.

W. JAYNE, Governor.

CHAPTER 46.

AN ACT TO PREVENT INDIANS FROM TRESPASSING UPON
CEDED LANDS.

Be it enacted by the Legislative Assembly of the Territory of

Dakota:

SECTION 1. No Indian shall be permitted to trespass or enter upon any ceded lands within this territory, for the purpose of hunting or fishing, or travelling to and from the lands or hunting grounds of different tribes of Indians, without first having obtained a written pass or permit for such purpose from the local United States agent of the tribe to which such Indian or Indians belong, or from the superintendent of Indian affairs in this territory.

SECT. 2. Such pass or permit shall state the name of the Indian, the band and tribe to which he belongs, the business he is on, what portion of the territory he is to visit, and the duration of time for which his pass is issued.

SECT. 3. Any Indian or Indians found upon any of the ceded lands of this territory, without a pass or permit obtained as provided for in section one, or with a pass or permit the duration of which shall have expired, shall be deemed

Indian must obtain pass before travelling on ceded lands.

Contents of

pass.

Indians found

without pass,

how treated.

Duty of sheriff committing Indian.

Expenses of carrying out this act, how paid.

Take effect,

when.

amenable to the laws of the territory, and may be arrested by any citizens of this territory, and placed in charge of the sheriff of the county where such arrest was made.

SECT. 4. It shall be the duty of said sheriff to receive such Indian or Indians, and to place the same in close confinement in the county jail, and forthwith to officially notify the superintendent of Indian affairs of such arrest and confinement, and notify the United States Indian agent of the tribe or nation to which such Indian or Indians belong, to remove the same immediately to their reserve.

SECT. 5. All expenses incurred by any county in carrying the provisions of this act into effect, shall be paid by the said Indian agent to the treasurer of the county where the arrest is made, before said Indian shall be delivered to said agent. SECT. 6. This act shall take effect and be in force from and after its passage.

Approved April 13, 1862.

W. JAYNE, Governor.

Persons disposing of spirituous liquors to Indians. Penalty.

If there be no jail.

CHAPTER 47.

AN ACT TO PREVENT THE TRAFFIC IN ARDENT SPIRITS
WITH THE INDIANS.

Be it enacted by the Legislative Assembly of the Territory of Dakota:

SECTION 1. That if any hotel keeper, saloon keeper, merchant, trader, salesman, or any other person or persons, shall sell, give, barter, or in any manner dispose of any spirituous liquors to any Indian or Indians within this territory, every such person or persons offending shall be deemed guilty of a misdemeanor, and, upon conviction thereof in any court of competent jurisdiction to try the same, shall be imprisoned in the county jail for a period not less than thirty, nor more than ninety days, and shall forfeit and pay to the use of the county, in which the offence may have been committed, a fine not less than twenty nor more than one hundred dollars.

SECT. 2. In all cases of conviction under this chapter, if there be no jail in the county where the offence was com

mitted, or to which it may be attached for judicial purposes,
it shall be competent for the court before which such convic-
tion was had, to commit the offender to the nearest jail in
any other county, or to either of the forts of this territory,
with the permission of the commanding officer thereof; and
it is hereby made the duty of the keeper of such jail to receive
the prisoner and in all respects so to proceed with him, as if
he had been committed by the proper authorities of the
county in which such jail is situated: Provided, That in all Proviso.
cases of conviction under the provisions of this chapter, when
the person convicted is confined in the jail of any other
county, or in any of the forts of the territory, the county in
which such offence shall have been committed shall pay
all the expenses arising from such confinement. The prop-
erty real and personal of all persons convicted and confined
under the provisions of this act, shall be liable for the costs of
trial and expenses of confinement.

tions.

SECT. 3. All sheriffs, constables, and justices of the peace, What officers within this territory, are required, under the penalty of forfeit- plaint of viola ing their respective offices, to make complaint of such violation of the provisions of this chapter, as may come within their knowledge; and the judges of the several district courts in this territory are hereby required to give this chapter in special charge of the grand juries of the several counties in their districts.

prosecuted.

Declarations of

Indians received

SECT. 4. Any individual or individuals who shall violate Persons, how any of the provisions of this chapter, may be prosecuted before a justice of the peace, by any citizen of the county; and all fines collected under the provisions of this act shall be paid into the county treasury for the support of common schools in the county, and the declaration or statements of Indians may be received before any of the courts under this act, which declaration or statements may be considered as circumstantial evidence, and received for what they may be considered worth by courts and juries, as the case may be. SECT. 5. This act shall take effect and be in force from and after its passage, and approval by the governor.

Approved April 30, 1862.

W. JAYNE, Governor.

for what they

are worth.

Take effect,

when.

JAILS.

Judges prescribe rules in

upon what subjects.

CHAPTER 48.

AN ACT FOR THE REGULATION OF COUNTY JAILS.

Be it enacted by the Legislative Assembly of the Territory of

Dakota:

SECTION 1. That the judges of the district courts of the writing, for jails, several judicial districts of this territory, shall from time to time, as they may deem necessary, prescribe, in writing, rules for the regulation and government of the jails in the several counties within their respective districts, upon the following subjects: 1. The cleanliness of the prisoners. 2. The classification of prisoners in regard to sex, age, and crime, and also persons insane, idiots, and lunatics. 3. Beds and clothing. 4. Warming, lighting, and ventilation of the prison. 5. The employment of medical and surgical aid when necessary. 6. Employment, temperance, and instruction of the prisoners. 7. The supplying of each prisoner with a Bible. 8. The intercourse between prisoners and their counsel and other persons. 9. The punishment of prisoners for violation of the rules of the prison. 10. Such other regulations as said judges may deem necessary to promote the welfare of said prisoners: Provided, That such rules shall not be contrary to the laws of this territory.

Proviso.

Rules, how promulgated and preserved.

Duty of sheriff.

SECT. 2. That the said judges shall, as soon as necessary, cause a copy of said rules to be delivered to the county commissioners in the several counties in their respective judicial districts; and it shall be the duty of said commissioners forthwith to cause the same to be printed, and to furnish the sheriff of their county with a copy of said rules, for each and every room or cell of said jail, and also to forward a copy of said rules to the secretary of the territory, who may file away and preserve the same.

SECT. 3. The sheriff shall, on the receipt of said rules

cause a copy thereof to be posted up and continued in some conspicuous place in each and every room or cell of said jail.

Judges

essary.

SECT. 4. The judges aforesaid may from time to time, as alter and amend they may deem necessary, revise, alter, or amend said rules, rules when necand such revised rules shall be printed and disposed of by said commissioners and sheriff, in the same manner as is directed by the second and third sections of this act.

Sheriff or his

successor to have

&c.

SECT. 5. The sheriff, or, in case of his death, removal, or disability, the person by law appointed to supply his place, charge of jail, shall have charge of the county jail of his proper county, and of all persons by law confined therein, and such sheriff or other officer is hereby required to conform, in all respects, to the rules and directions of said district judge above specified, or which may from time to time, by said judge, be made and communicated to him by said commissioners.

Sheriff to supister," to contain

ply "jail reg

what.

SECT. 6. The sheriff or other officers performing the duties of sheriff of each county in this territory, shall, as soon as necessary after the passage of this act, procure, at the expense of the proper county, a suitable book, to be called the jail register, in which the said sheriff, by himself or his jailer: 1. The name of each prisoner, with the date and cause of his or her commitment. 2. The date or manner of his or her discharge. 3. What sickness, if any, has prevailed in the jail during the year, and, if known, what were the causes of such disease. 4. Whether any, or what labor has been performed by the prisoners, and the value thereof. 5. The practice observed during the year, of whitewashing and cleaning the occupied cells or apartments, and the times and seasons of so doing. 6. The habits of the prisoners as to personal cleanliness, diet, and order. 7. The means furnished prisoners of literary, moral, and religious instruction and of labor. 8. All other matters required by said rules, or in the discretion of such sheriff deemed proper; that the said sheriff or other officers performing the duties of sheriff, Preserve same shall carefully keep and preserve the said jail register, in successor. the office of the jailer of his proper county, and at the expiration of said office, shall deliver the same to his successor in office.

SECT. 7. The sheriff, or other officer performing the duties of sheriff, shall, on or before the first Monday of No

Sheriff to make and transmit

out jail report

same to whom.

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