United States, shall receive such persons into custody, and keep them safely until discharged by due course of the laws of the United States; and all such sheriffs, jailers, 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 State. (4619 R. L. 1910) 738. United States Liable for Expenses-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 authority of this State. (4620 R. L. 1910) 739. Calendar of United States Prisoners Before every stated term of the United States court, to be held within this State, the said sheriffs, jailers and prison keepers shall make out, under oath, a calendar of prisoners in their custody, under the authority of the United States, with the date of their commitment, by whom committed, and for what offense, and transmit the same to the judge of the district court of the United States for their district, and at the end of every six months they shall transmit to the United States marshal of their district for allowance and payment of their account, if any, against the United States, for the support and keeping of such prisoners, as aforesaid. (4621 R. L. 1910) 740. Juvenile Prisoners 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 parent, guardians, and friends, who desire to exert a moral influence over them, shall at all reasonable times be permitted. (4622 R. L. 1910) 741. Sheriff to Deliver Convicts-The sheriff of each county shall, at the end of each term of the district court held in his county, at one and the same time, convey to the penitentiary all persons sentenced to imprisonment therein at that term of court. The sheriff shall deliver such convicts, together with a certified copy of the judgment and sentence of the court ordering such imprisonment, to the warden of the penitentiary, and he shall in return deliver to the sheriff a receipt for each prisoner received, naming each one, which receipt the sheriff shall file in the office of the clerk of the court where sentence was had. There shall be allowed not to exceed one guard to four prisoners, unless the district court or the judge thereof, in vacation, shall order additional guards for good cause shown. (4623 R. L. 1910) 742. Sheriff's Misconduct-Should any sheriff fail to take all convicts at one and the same time, except as provided in the next section, or if he shall knowingly demand, claim or receive a greater compensation than provided for by law, he shall be guilty of a misdemeanor and, on conviction thereof, in the district court, shall be fined not less than $100 nor more than $200, and be removed from his office. (4624 R. L. 1910) For compensation of sheriff, see S. L. 1919, 237. S. L. 1917, 393, evidently superseded the two preceding sections, but it was evidently intended and understood that S. L. 1919, 237, was to restore in effect the two preceding sections. For this reason the former section is omitted, and the two preceding ones are inserted. SO 743. Prisoners Sent Before End of Term-Persons sentenced to confinement in the penitentiary may, when ordered by the district court passing sentence, be conveyed to the penitentiary at a time fixed by such order, with like force and effect and in like manner, as though it were the end of the term. And the officers and guards so conveying prisoners to penitentiary shall be entitled to the same compensation and to be paid in the same manner as provided for conveying and guarding prisoners to the penitentiary at the end of the term of court. (4625 R. L. 1910) 744. Time Credits of Convicts-Every convict who shall have no infractions of the rules and regulations of the prison or laws of the State recorded against him shall be allowed for his term a deduction of two months in each of the first two years; four months in each of the next two years; five months in each of the remaining years of said term, and pro-rated for any part of the year where the sentence is for more or less than a year. The mode of reckoning credits shall be as shown in the following table: No. of years of sentence 1st. year 2nd year 3rd year year Schedule of Credits. Good time Total Good Time to be served if full time is made 10 months LILE 5th year 4 months 1 year, 5 mo. 1 year, 8 months 3 years, 7 months -and so on through as many years as may be the term of the sentence. And, in addition to the deduction above provided by him; provided, however, that no convict shall be entitled to deduction for good time as herein provided in the event he has been guilty of misconduct or violation of the prison rules and regulations, unless relieved therefrom by the warden. (S. L. 1915, 95) 745 Right of Prisoner to Protest-Any convict who may be penalized by having his merit marks or good time removed or who may have his health impaired by being placed in solitary confinement shall have the right to make a written report to the (Board of Control), asking that an investigation be made, and the (Board of Control), on receipt of such report shall, if the case warrants in their opinion, cause an investigation to be made. Any warden of any penitentiary or reformatory who shall refuse to allow any convict to make such report as provided for in this section shall, upon being found guilty, be subject to removal from office. (S. L. 1913, 483) 746. On Discharge, Prisoner Entitled to What-When any convict shall be discharged from prison, by pardon or otherwise, the warden shall furnish him with clothing not to exceed ten dollars ($10) in value, if he be not already provided with clothing; not to exceed ten dollars ($10) to buy a railroad ticket for such prisoner to his home or place of destination, provided said prisoner be sentenced from any county except the county in which the penitentiary or reformatory is located; the warden shall furnish such prisoner with five dollars ($5) in money; provided, said prisoner has not as much as five dollars ($5) to his credit. (S. L. 1915, 95) 747. Compensation for Extra Time-The State Board of Public Affairs shall have the authority to allow any prisoner a reasonable amount of compensation after he has performed his daily task, if such prisoner desires to avail himself of such opportunity. (S. L. 1915, 96) an information 748. Summons for Corporation-Upon against a corporation, the magistrate may issue a summons signed by him, with his name of office, requiring the corporation to appear before him at a specified time and place to answer the charge; the time to be not less than ten days after the issuing of the summons. (6117 R. L. 1910) 749. Form of Summons-The summons must be in substantially the following form: THE STATE OF OKLAHOMA, To the (naming the corporation): You are hereby summoned to appear before me at (naming the place), on (specifying the day and hour), to answer to the charge made against you, upon the information of A B, or the presentment of the grand jury of the county of_________for (designating the offense generally). Dated at the city, or town, of-- 19__ the day of (6118 R. L. 1910) (as the case may be). 750. When and How Served-The summons must be served at least five days before the day of appearance fixed therein, by delivering a copy thereof and showing the original to the president or other head of the corporation, or to the secretary, cashier, or managing agent thereof. (6119 R. L. 1910) 751. Examination of Charge-At the time appointed in the summons the magistrate must investigate the charge in the same manner as in the case of a natural person brought before him, so far as those proceedings are applicable. (6120 R. L. 1910) 752. Certificate of Magistrate After Hearing-After hearing the proofs the magistrate must certify upon the depositions, either that there is or is not sufficient cause to believe the corporation guilty of the offense charged, and must return the depositions and certificate in the same manner prescribed in the last section of the article on preliminary examinations. (6121 R. L. 1910) 753. Grand Jury May Indict.-If the magistrate return a certificate that there is sufficient cause to believe the corporation guilty of the offense charged, the grand jury or county attorney may proceed thereon, as in the case of a natural person held to answer. (6122 R. L. 1910) 754. Appearance and Plea on Indictment-If an indictment or information be filed the corporation may appear by counsel to answer the same. If they do not thus appear a plea of not guilty must be entered, and the same proceedings had thereon as in other cases. (6123 R. L. 1910) 755. Fine Collected, How-When a fine is imposed upon a corporation, on conviction it may be collected, by virtue of the order imposing it, by the sheriff of the county, out of their real and personal property, in the same manner as upon an execution. (6124 R. L. 1910) |