Offenses During Riot or Insurrection-A person who, after the publication of a proclamation by the governor or acting governor, or who, after lawful notice as aforesaid to disperse and retire, resists or aids in resisting the execution of process in a county declared to be in a state of riot or insurrection, or who aids or attempts the rescue or escape of another from lawful custody or confinement, or who resists or aids in resisting a force ordered out by the governor or any civil officer as aforesaid, to quell or suppress an insurrection or riot, is guilty of a felony, and is punishable by imprisonment in the state prison for not less than two years. (5591 R. L. 1910.)

703. Prison Established-There shall be established and kept in every county, by authority of the board of county commissioners and at the expense of the county, a prison for the safe keeping of prisoners lawfully committed. (4579 R. L. 1910.)

704. County Without Prison-When there is no sufficient prison in any county, every judicial or executive officer of such county who has power to order or sentence any person to the county jail may, upon application of the sheriff, order any person charged with a criminal offense whereof such officer has jurisdiction, and ordered to be committed to prison, to be sent to the jail of the county nearest having a sufficient jail, and the sheriff of such nearest county shall, on exhibit of such order, receive and keep in custody in the jail of his county, the prisoner ordered to be committed as afore

said, at the expense of the county from which said prisoner was sent, and the said sheriff, shall upon the order of the officer committing such prisoner, redeliver such prisoner when demanded. (4602 R. L. 1910.)

705. Common Jails Used As Prisons-The common jails in the several counties in the charge of the respective sheriffs, shall be used as prisons:

First. For the detention of the persons charged with offenses, and duly committed for trial.

Second. For the detention of persons who may be duly committed, to secure their attendance as witnesses on the trial of any criminal cause.

Third. For the confinement of persons pursuant to a sentence, upon a conviction for an offense and of all other persons duly committed for any cause authorized by law.

Fourth. For the confinement of persons who may be sentenced to imprisonment in the state prison, until they shall be removed thereto. (4580 R. L. 1910.)

"Imprisonment," ordinarily contemplates confinement in a county jail. Ex parte Cain, 1 Okla. Cr. 7, 93 P. 974.

706. Judges Shall Prescribe Rules for Jails-The judges of the district courts of the several judicial districts of this State, 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:

First. The cleanliness of the prisoners.

Second. The classification of prisoners in regard to sex, age and crime, and also persons insane, idiots and lunatics. Third. Beds and clothing.

Fourth. Warming, lighting and ventilation of the prison. Fifth. The employment of medical and surgical aid when

necessary.

Sixth. Employment, temperance and instruction of the prisoners.

Seventh. The supplying of each prisoner with a Bible. Eighth. The intercourse between prisoners and their counsel and other persons.

Ninth. The punishment of prisoners for violation of the rules of the prison.

Tenth. 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 State. (4581 R. L. 1910.)

707. Rules Promulgated and Preserved, How-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 state, who may file away and preserve the same. R. L. 1910.)

(4582

708. Judges May Amend Rules-The judges aforesaid named shall, from time to time, as they may deem necessary, revise, alter or amend said rules, and 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 article. (4584 R. L. 1910.)

709. Sheriff to Post Rules-The sheriff shall, on receipt of said rules, cause a copy thereof to be posted up and continued in some conspicuous place in every room or cell of said jail. (4583 R. L. 1910.)

710. Sheriff to Have Charge of the Jail-The sheriff, or, in case of his death, removal or disability, the person by law appointed to supply his place, 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. (4585 R. L. 1910.)

711. Jail Register-The sheriff, or other officer performing the duties of sheriff of each county in this State shall procure at the expense of the county a suitable book, to be called the jail register, in which the said sheriff, by himself or his jailer, shall enter:

First. The name of each prisoner with the date and cause of his commitment, and the authority committing him; and, if committed for a criminal offense, a description of his per

son.

Second. The date or manner of his discharge or escape, as the case may be.

Third. What sickness, if any, has prevailed in the jail during the year, and if known what were the causes of such disease.

Fourth. Whether any or what labor has been performed by the prisoners, and the value thereof.

Fifth. The practice observed during the year of whitewashing and cleaning the occupied cells or apartments and the times and seasons of so doing.

Sixth. The habits of the prisoners as to personal cleanliness, diet and order.

Seventh. The means furnished prisoners of literary, moral and religious instructions, and of labor.

Eighth. All other matters required by said rules, or in the discretion of such sheriff deemed proper; and the said sheriff or other officer performing the duties of sheriff, shall carefully keep and preserve the said jail register, in the office of the jailer of his county, and at the expiration of his term of office shall deliver the same to his successor in office. (4586 R. L. 1910.)

712. Sheriff Shall Furnish Court With Copy of RegisterAt the opening of each session of the district court within his county the sheriff shall return a copy of said register under his hand to the judge holding said court; and if any sheriff shall neglect or refuse so to do, he shall be punished by a fine not exceeding three hundred dollars. (4587 R. L. 1910.)

713. Sheriff Shall Make Report of the Jail-The sheriff, or other officer performing the duties of sheriff, shall, on or before the first Monday of November, in each year, make out in writing from said jail register, a jail report, one copy of which said report he shall forthwith file in the office of the clerk of the district court of the proper district, one copy with the county clerk of his county, for the use of the commissioners thereof, and one copy of said report he shall transmit to the secretary of state; and it shall be the duty of the secretary of state to communicate the reports of the several sheriffs of this state to the legislature, on or before the tenth day of its regular session. (4588 R. L. 1910.)

714. Working of Convicts Upon Highways-The board of county commissioners of any county in this state shall have authority to work any convicts confined in the county jail, either as punishment for crime or in lieu of payment of fine and costs, upon public highways in such county and to employ such guards and other assistants as may be required; and any guard, overseer or superintendent employed to work convicts upon any public work, who may deal or play any