Bismarck daily tribune., 1903-04-20
MORE OF THE RECENT LEGISLATION
nanner in Which Responsibility for Executions is
r,onths and not More Than r1onths Grace
Text of the Hanging Bill Passed at the Last Session
Providing For Executions at the
Pententiary

court in which the sentence was
passed; and thereupon the court shall
again fix the time for execution. which
shall be carried into effect as provided
in this chapter
Sec. 8. If convict sentenced to
death appears to be insane the sheriff !
Of the county wherein conviction was
had, upon notice thereof from the war.
den OF the penitentiary, or his deputy, !
shall forthwith give notice thereof to
the judge Of the district court wherein
the convict was sentenced. and to the
states attorney, and shall summon a
jury of six impartial men to inquire
into such insanity at the time and
place to be fixed by the Judge
Sec. Q. The judge. clerk of court
and states attorney, shall attend the
inquiry; witnesses may be produced
and examined before the jury; If it
be found that the convict is sane the
sheriff must forthwith return the pris-
oner to the penitentiary together with
a certified copy of the findings at the
examination and the warden or his
deputy must execute the judgment;
If the convict is found insane, the
Judge shall suspend the execution until
the sheriff receives warrant from
| the governor directing the same and
! the finding of the jury and order Of
( the Judge, certified by the judge, shall
/ be entered on the journal of the court
! by the clerk.
Sec. 10 The sheriff shall immedi-
atelv transmit a certified copy of such
finding to the governor who may, as
soon as he is convinced that the con-
vict has become of sound mind. issue
a warrant appointing time for his
execution. The sheriff must there
upon in the same manner deliver the
prisoner to the warden, or other proper
officer. of the penitentiary, in like
manner as described in section 3
hereof except that the sheriff shall
deliver to the said warden or other
proper officer of the penitentiary, a
certified copy of the warrant of the
governor only.
Sec H. When there is good rea-
son to suppose that female against
whom Judgment of death is rem
dered is pregnant the warden, or
other proper officer. of the penitentiary
must summons a jury of three regu'
larly practicing physicians of this
state to inquire into the supposed
pregnancy.
Sec. -. If by such finding, II
appear that such female convict Is
! with child. the warden or other proper
officer shall in like manner suspend
the execution of her sentence, and
; shall transmit the findings to the gov
ernor, who, on being satisfied that sucf
woman is no longer pregnant, shall is
sue a warrant directed to the war
: den or other proper officer, appointing
a day for her execution.
Sec. 13. All fees and mileage IN
Cured under this act shall, wher
duly approved by the warden OF tn'
: nenitentiarv. be paid out of any funf
= on hand appropriated for the main
/ tenance and support Of the North Ia
kota Penitentiary.
: Seq. IA. That section S3oo OF tn
: Revised Codes of 1899, relating 1t
' Judgment OF death, warrant to execute
S ha amended so as to read as follows
:. Sec S3O5. Judgment OF Death
I Warrant to Execute) When the ]ude
:. o,,t ~ daath is rendered the Judg'
h must sign and deliver to the sheriil .
: ,hp county warrant duly attestea D.
6 rho clerk under the seal on 'ie oout'
l. stnt;no the conviction and ludglhen
4 ond amounting day upon whch IN
+ indgment is to be executed, whlc'
h ,,,,,et moi he less than SIX mohlh
n aftar the day in which the judgment
4 .auod and not longer than MN
r months thereafter. o,ae a.
r Sec Il. That section sos OF IN
:. poviSed Codes Of 1899. relating
o ..sovernor only can reprieve D
a. amended to read as folloWs' ~
d Sec. s3OS. Governor only oan tho no
/, nrieye) No judge, court or ~ o'n, -,
o oa,cer can reprieve or suspehu .he ., %,
: ecution of the judgment Oh ee"'h ~
=, eout Tho warden or his duly aclin
- :, doputv dep as provided in this act' uhies
,r an appeal is taken a no,,s Of act
N :, conflict with the provisions Oh '''
:, oct are hereby repealed .
- az" Coo Il Emergency whereas, d a
II oraoncv exists in this. tilat lhe.
5 ona now several persons IN we s'n, a,
'e 'i1 sentence of death Delore "
il nmu nna. 81 Iuly 1903. and If the saiu pc
'o cons are executed accora'hs .o sn nuo,
j., isting laws the erection ,hich wi
"a .caffo,ds will be necessary VII VII "
is on,au considerable cost thel'io'e CO.,. 49,
u: ont @ shall take effect ana pe ~, ~ 10 a,
II from fro and after its passage anu %
o. proval. , a 1903.