sheriff shall be allowed the sum of three dollars per day for guarding or procuring guard for such prisoners, which shall be paid him quarterly, with the amount paid him for board, washing, fuel, lights, and clothing.

3446. The sheriff shall visit the jail in person and examine into the condition of each prisoner at least once in each month, and once during each term of the district court; and it is hereby made his duty to cause all the cells and rooms used for the confinement of prisoners to be thoroughly whitewashed, at least three times in each year.

3447. The jailer or keeper of the jail shall, unless the sheriff elect to act as jailer in person, be a deputy appointed by the sheriff, and such jailer shall take the necessary oath before entering upon the duties of his office; Provided, The sheriff shall in all cases be liable for the negligence or misconduct of the jailer, as of other deputies.

3448. If the sheriff or jailer having charge of any county jail shall neglect or refuse to conform to all or either of the rules and regulations established by said judge, or to perform any other duty required of him by this chapter, he shall, on conviction thereof, by indictment, for each case of such failure or neglect of duty aforesaid, pay into the county treasury of the proper county, for the use of such county, a fine not less than five dollars, nor more than one hundred dollars, to be assessed by the district court of the proper district.

Secs. 3449 to 3482. "An act to provide for the erection of a penitentiary, and for the care and custody of state prisoners." 1870, p. 25. In force March 4.*

3449. The officers of the penitentiary shall consist of one warden, who shall be the principal keeper of the penitentiary and clerk of the board of inspectors; one deputy warden, who shall be chief turnkey, and both of whom shall reside at the prison; one physician, and one chaplain, and such number of assistant keepers and guards as the warden and inspectors shall deem requisite.

3450. A printed copy of the rules and regulations of the penitentiary shall be furnished to every officer and guard of said penitentiary, at the time he is appointed and sworn.

3451. The warden or deputy warden shall keep a daily journal of the proceedings of the penitentiary, in which he shall note all infractions of the rules and regulations of the penitentiary, by any officer or guard thereof, and make a memorandum of every complaint made by any convict of cruel or unjust treatment by any officer of the penitentiary, or a want of proper clothing or food, and also any infraction of the rules and regulations of the penitentiary by any prisoner, naming him and specifying the offense, and also what punishment, if any, was awarded; which journal shall be laid before the inspectors at every stated meeting, and at every special meeting, when demanded.

3452. There shall be paid to the officers of the prison the following yearly salaries and compensation, to be paid quarterly out of the state treasury, on the warrant of the auditor, to-wit: To the warden, the sum of fifteen hundred dollars; to the deputy warden, the sum of nine hundred dollars; to the inspectors the sum of five dollars per day for each day actually and necessarily employed in the discharge of their duty; to the chaplain, and physician, and assistant keepers, and guards, such sums as the board of inspectors deem proper and just.

3453. The warden shall attend constantly at the penitentiary, except when performing some other duty connected with his office; he shall exercise general

* Original act provided for a board of inspectors; but this has been superseded by the board of public lands and buildings. 7, 46. All sections relating exclusively to these inspectors are therefore omitted, as are also temporary provisions for the the erection of buildings, etc. This results in the omission of secs. 1-14, 16-23, 26-28, 30, 33-38, 68, 70, and 71.

supervision over and give necessary directions to the keepers and guards, examine whether they have been vigilant in the discharge of their respective duties, examine daily into the health of the prisoners, and take charge of the real and personal estate belonging to or connected with the penitentiary.

3454. All the transactions and dealings of the prison shall be conducted in the name of the warden, who shall be capable in law of suing and being sued in all courts and places, in all matters concerning the said prison, by his name of office, and by that name he is hereby authorized to sue for and recover all sums of money or any property due from any person to any former warden of said prison, or to the people of this state, on account of said penitentiary.

3455. No officer of the penitentiary shall employ the convicts on a work in which he or any other officer has a personal interest, nor be connected, nor have any intesest in the business or shops belonging to the penitentiary.

3456. The warden shall keep a regular and correct account of all moneys received by him from every source by virtue of his office, including all moneys taken from convicts, or received from proceeds of property taken from them, and of all moneys paid by him, and the person to whom, and the purpose for which the same were paid; and shall make out and deliver to the inspectors quarterly a statement, duly verified, of all moneys received and paid by him on account of the penitentiary, specifying from whom and to whom made, and on what account, and the balance remaining in his hands at the time of rendering of said account.

3457. The warden shall annually, on the last day of November of each year, close his accounts, and on or before the fifth day of December next thereafter render to the auditor of state a full and true account of all moneys received by him, and of all moneys expended by him on account of the penitentiary, with sufficient vouchers therefor, which account shall be duly verified by the warden.

3458. He shall report to the secretary of state on the first Monday of December in each year the names of all the convicts pardoned the preceding year, the county in which they were tried, and the term for which they were sentenced.

3459. When any convict offers violence to any officer or guard of the penitentiary, or to any other person or convict, or attempts to do any injury to the buildings or any workshop, or to any appurtenances thereof, or disobeys and resists any reasonable command of any officer or guard, such officers and guards shall use all reasonable means to defend themselves, and to enforce the observance of discipline.

3460. If any convict resists the authority of any officer, keeper, or guard of the penitentiary, or refuses to obey any lawful command, such officer, keeper, or guard shall immediately enforce obedience by the use of such weapons or other aid as may be necessary for the purpose, and if in so doing any convict thus resisting shall be necessarily wounded or killed by such officer or his assistants, such officers or assistants are justified and shall be held guiltless.

3461. In case any pestilence or contagious disease breaks out among the convicts in the penitentiary, the inspectors and warden may cause such convicts to be removed to some secure and suitable place where such sickness shall receive all necessary care and medical attendance.

3462. The warden shall receive, safely keep, and subject to the discipline of the penitentiary any criminal convicted of any crime against the United States, and sentenced to confinement therein by any court of the United States sitting within this state, until such sentence is executed, or until such convict is discharged by due course of law, the United States supporting such convict and paying the expenses of executing such sentence.

3463. He shall take charge of any property that convicts may have at the

time of entering the penitentiary, and if the same is of the value of five dollars or more, may sell the same with the consent of the convict, and place the proceeds at interest for the benefit of such convict or his representatives when he may leave the penitentiary, keeping a correct account of such property and the proceedsthereof.

3464. When any convict is discharged from prison, the warden shall furnish such convict with a decent suit of clothes (if he is not already provided for), at the expense of the state, and shall pay such convict, from any funds belonging to the penitentiary, a sum not exceeding ten dollars; and shall deliver to said convict any property received from him which has not been disposed of according to law. The warden shall furnish, at the expense of the state, a Bible to each convict who can read.

3465. When there are cells sufficient, each prisoner shall be confined in a separate cell.

3466. The clothing and bedding for the convicts shall be of coarse material, and they shall be supplied with a sufficient quantity of substantial and wholesome food. 3467. No person shall, without the consent of the warden, bring into or carry out any writing, or any information, to or from any convict.

3468. The following persons shall be allowed to visit the penitentiary at pleasure: The governor, members of the legislature, all state officers, and regularly authorized ministers of the gospel, but no other person shall go within the walls of the penitentiary without the special permission of the warden.

3469. When any convict is delivered to the warden, the officer having such prisoner in charge shall deliver to the warden a certified copy of the sentence received by such officer from the clerk of the court where such convict was tried, and shall take from the warden a certificate of the delivery of such convict, and such certified copy of the sentence shall be evidence of the facts therein contained.

3470. When any convict escapes from the penitentiary, the warden shall use all proper means for the apprehension of such convict, and for this purpose he shall offer a reward not to exceed one hundred dollars, and not less than twenty-five dollars; Provided, That if such escape was by reason of the negligence of the warden, or any officer under him, the reward shall be paid by the warden.

3471. All suitable rewards and other sums of money paid for advertising any convict shall be approved by the board of inspectors, and paid out of the state treasury.

3472. The expenses and legal fees of sheriffs and other officers, incurred in conveying convicts to the penitentiary, shall be approved by the auditor of state, and paid out of the state treasury; said auditor may allow for said expenses and fees the following rates: for sheriff, three dollars per day; for each assistant or guard absolutely necessary, two dollars per day, and ten cents per mile for traveling expenses in going and coming.

3473. No spirituous or fermented liquors shall be, under any pretense whatever, brought into or upon the premises of the prison, except by the direction of the prison physician.

3474. The auditor of state is authorized and required to draw his warrant on the state treasury for such sums as the inspectors may from time to time direct, for defraying the proper and necessary expenses of the prison.

3475. The warden, deputy warden, inspectors, physician, assistant keepers, and guards shall be exempt from military and jury duties while actually employed by the state as such officers.

3476. Whenever there is a vacancy in the office of warden, or the warden is

temporarily absent, all the duties of the warden shall devolve upon and be performed by the deputy warden until the vacancy is filled or the warden returns.

3477. The physician shall keep a register of all convicts placed under his care; the disease with which they are afflicted; also of the death of any convicts, stating their names, age, time, and cause thereof.

3478. All books, accounts, documents, registers, and reports shall be deemed public property, of which the warden shall preserve at least one copy of each.

3479. The warden shall cause to be kept a record of each and all infractions of the rules and discipline by convicts, with the name of the convict offending, and the date and character of each offense, which record shall be placed before the inspectors at each regular meeting of the board.

3480. The warden is entitled to the use of the house built for him, and the necessary fuel and light for the same, to be supplied from the common stock of the prison, free of charge.

3481. Every lease made of any or all the prison shops and fixtures shall contain a provision for the constant employment of all convicts in the penitentiary during the continuance of such lease.

3482. In all cases of vacancy in any office of the penitentiary, the governor shall fill the vacancy by appointment.

Sec. 3483. "An act to amend an act entitled 'An act to authorize the lessee of the state penitentiary and grounds to receive and retain the custody of prisoners sentenced to confinement by the courts of the United States and territories of the United States.' 999 Approved February 26, 1879. 1883, p. 320. In force June 1.

3483. That the lessee of the state penitentiary and convict labor of this state be and hereby is authorized to retain in custody in the penitentiary and grounds, under the discipline and government of the officers of said penitentiary, until October 1, 1889, persons heretofore convicted of crimes and sentenced to confinement by the courts of the United States and of any of the territories of the United States, and heretofore received into said penitentiary; Provided, That the retention and custody of such convicts shall not interfere in any manner with the comfort or safe keeping of any person sentenced to confinement in said penitentiary by the courts of this state; Provided further, That no such prisoners other than those already therein incarcerated shall be received into said penitentiary after the passage of this act, nor shall the state of Nebraska be liable in any manner on account of the retaining of any such prisoners.

Sec. 3484. "An act to extend the contract for the leasing of the penitentiary, penitentiary grounds, and convict labor to C. W. Mosher, assignee of W. H. B. Stout." 1887, p. 632. In force July 1.

3484. That the contract leasing to W. H. B. Stout the penitentiary, penitentiary grounds, and convict labor of the state of Nebraska, executed on the 22d day of September, 1877, and which has been by said Stout assigned and transferred to C. W. Mosher, be and the same is hereby extended for the period of ten years from the first day of October, 1889, to said C. W. Mosher, subject to all the conditions and provisions contained in said original contract; Provided, That said Mosher shall receive forty (40) cents per day in cash for each convict in full for his compensation under said contract; Provided further, That upon the taking effect of this act, the said Mosher shall enter into a bond with the state of Nebraska in the penal sum of one hundred thousand dollars, with good and sufficient sureties, conditioned for the faithful performance of said contract, and upon the execution and delivery of said bond and the approval of said sureties the board of public lands and buildings shall endorse upon said original contract a statement that the same has been extended to said Mosher for the period of ten years from the first day of

October, 1889, according to the provisions of this act; Provided, That under this extension of said contract the convicts shall not, nor shall any of them, be employed in the manufacture of cigars, brick, or the cutting of stone, except such brick or stone as may be required in making repairs or improvements at the penitentiary, and in the erection of buildings and walls for the confinement of convicts, and for the use of officers and guards, nor shall any of said convicts be employed upon any public buildings, except, buildings for penitentiary purposes; Provided, however, That the provisions of this act shall in nowise impair or invalidate any contract now existing.

III. REFORMATORY INSTITUTIONS.

Secs. 3485 to 3498. "An act to amend section one of an act approved February 27, entitled 'An act to locate the Nebraska state reform school for juvenile offenders,'" etc. 1887, p. 590. In force March 31.

3485. That "the state industrial school for juvenile offenders," located near Kearney, in the county of Buffalo, is hereby recognized and continued as a school for the retention, education, discipline, industrial training, and reformation of juvenile offenders.

3486. The board of public lands and buildings shall have power to appoint a superintendent, an assistant superintendent, a matron, and such other officers as in their judgment the wants of the institution may require, and to remove them for sufficient cause, such as incompetency, malfeasance in office, immorality, or neglect of duty. They shall also have power to prescribe the duties of said officers and to determine the salaries to be paid them.

3487. The boys and girls committed to the school shall be instructed in the principles of morality and in such useful branches of knowledge as are taught in the public schools of the state. They shall also be instructed in the principles of the mechanical arts and such practical trades as are best suited to their age, strength, and capacity, and best adapted to secure them a livelihood after leaving the school.

3488. The superintendent shall have the control and the management of the school, subject, however, to the rules and regulations established by the board. At the close of each month he shall present to said board a written report showing the general condition of the school, the number of inmates in attendance, the number of commitments and tickets of leave granted, and such other information, together with such suggestions and recommendations as may subserve the best interests of the school. He shall have charge of all the property belonging to the institution, and shall keep an account of all monthly expenditures, which expenditures shall be certified to the board with the monthly report. He shall have power to appoint employees to fill such positions as the board may determine, and shall keep a register showing the social condition of each inmate at the time of committal.

3489. When a girl or boy of sane mind under the age of eighteen years shall, in any court of record in this state, be found guilty of any crime except murder or manslaughter, committed under the age of sixteen years, or who, for want of proper parental care, is growing up in mendicancy and vagrancy, or is incorrigible, and complaint thereof is made and properly sustained, the court may, if in its opinion the accused is a proper subject therefor, instead of entering judgment, cause an order to be entered that said boy or girl be sent to the state industrial school, in pursuance of the provisions of this act, and a copy of said order, under the seal of said court, shall be sufficient warrant for carrying said boy or girl to the school, and for his or her committment to the custody of the superintendent thereof.