stituted or exchanged for such bond or bonds heretofore issued, whenever such county, precinct, or city can effect such substitution, or exchange dollar for dollar; Provided, That no such refunding bonds shall be issued except after four (4) publications of notice thereof in at least two weekly papers published in the county, by the duly constituted authorities of such county, city, village, or precinct, which notice shall recite the date, number, and denomination of the bonds sought to be refunded, and also of the bonds sought to be issued. [Amended 1885, chap. 59.] 3516 SEC. 12. [Form of new bonds.] The new bond or bonds so isssued shall have recited therein the object of its or their issue, the whole of the act under which the issue is made stating the issue to be in pursuance thereof, and shall also state the number, date, and amount of the bond or bonds for which it is or they are issued, and such new bond or bonds shall not be delivered until the surrender of the bond or bonds so designated. [Id.] 3517 SEC. 13. [No vote necessary.] The new bond or bonds so issued shall not require a vote of the people to authorize such issue, shall be paid and the levy be made and tax collected for payment of same in accordance with the laws now governing the said bond or bonds heretofore issued. [Id.] PRECINCT, TOWNSHIP, AND VILLAGE BONDS. 3518 SEC. 14. [Election.] Any precinct, township, or village (less than a city of the second class), organized according to law, is hereby authorized to issue bonds in aid of works of internal improvement, highways, bridges, railroads, court house, jails in any part of the county, and the drainage of swamp and wet lands, to an extent not exceeding ten per cent. of the assessd value of the taxable property at the last assessment within such township, precinct, or village, in the manner hereinafter directed, viz: First-A petition signed by not less than fifty freeholders of the precinct, township, or village shall be presented to the county commissioners, or board authorized by law to attend to the business of the county within which such precinct, township, or village is situated. Said petition shall set forth the nature of the work contemplated, the amount of the bonds sought to be voted, the rate of interest, which shall in no event exceed eight per cent. per annum, and the date when the principal and interest shall become due; and the said petitioners shall give bond, to be approved by the county commissioners, for the payment of the expenses of the election, in the event that the proposition shall fail to receive a two-thirds majority of the votes cast at the election. Second-Upon the reception of such petition the county commissioners shall give notice, and call an election in the precinct, township, or village, as the case may be. Said notice, call and election shall be governed by the law regulating the election for voting bonds by a county. [1885, chap. 58.] 3519 SEC. 15. [Issuance of bonds.] If two-thirds of the votes cast at such election shall be in favor of the proposition, the county commissioners or board shall, without delay, cause to be prepared and issue the bonds in accordance with the petition and notice of election; said bonds shall be signed by the chairman of the board or person authorized to sign county bonds, and attested by the clerk of the county, under the seal of the county. Said bonds shall state for what purpose issued; the amount, and when payable, interest and when payable, and the number of each bond. The county clerk shall enter upon the records of the board the petition, bond, notice, and SECS. 14-17. "An act to authorize precincts, townships and villages to vote bonds to aid works of internal improvement, highways, railroads, bridges, court houses, jails, and the drainage of swamp lands and to repeal section seven (7) of chapter forty-five (45) of the compiled statutes of Nebraska, entitled Internal Improvements.'"' Passed and took effect March 6, 1885. An election called and held without the petition mentioned in sec. 14 is of no validity. 21 Neb., 192. Vote taken at election must provide for disposition of the amount of taxes to be levied to meet the liability incurred. 21 Neb., 602. See also 25 Neb., 713. Proposition is in nature of a contract. Bonds enjoined if proposition varied from. 30 Id., 877. County, not agent of township, liable for expense of publishing notice. 26 Neb., 132. Statute strictly construed in favor of electors. 37 Id., 583. Accepted proposition is a contract which may be set aside for fraud. 37 Id., 713. call for the election, canvass of vote, the number, amount, and interest, and date at which each bond issued shall become payable; and the county clerk shall cause such bonds to be registered in the office of secretary of state and state auditor, as required by law. 3520 SEC. 16. [Taxes.] The county commissioners, or persons charged with levying the taxes for the county, shall each year, until the bonds voted under the authority of this act be paid, levy upon the taxable property in the precinct, township, or village a tax sufficient to pay the interest and five per cent. of the principal of bonds issued under this act and at the tax levy preceding the maturity of any such bonds, levy an amount sufficient to pay the principal and interest due on said bonds. 3521 SEC. 17. [Proceedings.] All proceedings in relation to such election and the issuance of the bonds shall be in accordance with the provisions of this act. STATE BOUNDARY BRIDGE BONDS. 3522 SEC. 18. [State boundary bridge bonds.] That any county, township, precinct, city, or village in the state of Nebraska may issue bonds to construct, or to aid in the construction of a highway wagon bridge across any boundary river of the state of Nebraska. [1895, chap. 45, § 1.] 3523 SEC. 19. [Same-Submission of question-Amount.] That the question of issuing bonds shall first be submitted to the qualified electors of the county, township, precinct, city or village either at a special election called for that purpose or at a general election as hereinafter provided, and if three-fifths (g) of the votes cast at such election be in favor of the proposition to issue bonds, then such county, township, precinct, city or village, as the case may be, shall issue their bonds in such amounts as shall be specified in the notice of election, not exceeding ten per cent of the assessed valuation of such county, township, precinct, city or village as shown by the last assessment prior to the vote authorizing the issuance of such bonds; Provided, That any county or city that has heretofore made donations to any railroad or other works of internal improvement, may issue bonds in excess of ten per cent. and not to exceed fifteen per cent of the assessed valuation of such county or city, if at the election of the qualified electors as herein provided two-thirds of the votes cast at such election shall be in favor of such proposition. [Id., § 2.] 3524 SEC. 20. [Petition-Notice-Election.] That whenever a petition setting forth the amount of bonds asked to be voted, when the same shall become due, the rate of interest said bonds shall bear, which shall not exceed seven per cent. per annum, whether payable annually or semi-annually, and if to aid in the construction of a bridge, the name of the person, firm or corporation, to whom said bonds are to be donated, the amount of work to be done on said bridge before said bonds shall be delivered, and signed by not less than twenty freeholders of the county, township, precinct, city, or village, it is proposed shall issue bonds, shall be presented to the county commissioners or board of supervisors of the county it is proposed shall issue bonds, or the county in which is located the township or precinct it is proposed shall issue bonds, or to the city council of the city, it is proposed shall issue bonds, or to the trustees of the village, it is proposed shall issue bonds, said county commissioners or board of supervisors or said city council or said village trustees shall, upon said petitioners giving bond, to be approved by them, conditioned for the payment of the expenses of a special election in the event the proposition to be submitted shall not receive the requisite number of votes for its adop SECS. 18-22. "An act to authorize counties, townships, precincts, cities and villages to issue bonds to construct or to aid in the construction of highway wagon bridges across any boundary river of the State of Nebraska, and to provide for levying a tax for paying the same and the interest thereon." Took effect Aug. 1, 1895. Laws, 1895, chap 45. tion, give notice and call a special election in the county, township, precinct, city, or village, which said notice shall contain the conditions upon which bonds are to be issued as hereinbefore provided shall be set forth in the petition, which notice shall be published for at least thirty days prior to such election in some newspaper published in such county, township, precinct, city, or village, if any newspaper is published therein, and if no newspaper is published therein, said notice shall be published by posting such notice at the court house door in the county and in every voting precinct in the county, or in case of a township, precinct, city, or village election such notice, where there is no newspaper published therein, shall be published by posting the said notice in at least four public places in each township, precinct, city, or village for at least thirty days next preceding the day of holding such election, and said election in all other respects shall be governed by and conform to the laws of the state of Nebraska regulating general elections; Provided, however, That upon request of such petitioners the proposition to issue bonds may be submitted at the next general election after the presentation of such petition, upon giving notice as herein before provided, in which case said petitioners shall not be required to execute any bond for the payment of the expenses of the election as hereinbefore provided; and at which election, whether general or special, the ballot used shall be substantially the following form: Shall (here enter name of county, township, precinct, city, or village it is Yes. No. 3525 SEC. 21. [Bonds-Record-Registration.] If at any such election the proposition to issue bonds shall receive the requisite number of votes for its adoption as herein before provided, the county commissioners or board of supervisors, city council, or board of village trustees, shall cause the petition, notice of election, and the result of the vote to be recorded in the proper records of the county, city or village, and thereupon said bonds shall be prepared and issued in accordance with the petition and notice of election and shall be signed and executed by the officers by law authorized to sign and execute bonds issued by a county, township, precinct, city, or a village, and said bonds, when issued by the commissioners or board of supervisors of any county shall be registered in the office of the county clerk of such county, and when issued by a city or village they shall be registered in the office of the clerk of such village or city, and such bond shall then be registered in the offices of the auditor of public accounts and secretary of state as provided by law, and after. being so registered said bonds shall be delivered to the person, firm, or corporation, named in said petition upon their compliance with the terms and conditions upon which said bonds were voted. [Id., § 4.] 3526 SEC. 22. [Bonds-Taxes-Sinking fund.] The proper officers. charged with the duty of levying taxes for the county, township, precinct, city or village voting such bonds shall, each year, until the bonds voted under the authority of this act be paid, levy upon the taxable property in the county, township, precinct, city, or village issuing said bonds a tax sufficient to pay the interest on said bonds as it matures, and to provide for a sinking fund for the redemption of said bonds at their maturity. [Id., § 5.] CHAPTER 46.-JAILS. 3527 SECTION 1. [Rules for government.] 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 prison and 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 said rules shall not be contrary to the laws of this state. [R. S., 242. G. S., 451.] 3528 SEC. 2. [Publication of rules.] The said judges shall, as soon as may be, 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 by mail to the state auditor, who shall carefully file away and preserve the same. 3529 SEC. 3. [Posting rules.] The said sheriff shall, immediately 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 in said jail. 3530 SEC. 4. [Revising rules.] The said judges may from time to time, as they may deem necessary, revise, alter, or amend said rules, and such revised, altered, or amended 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 chapter. 3531 SEC. 5. [Sheriff in charge.] 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. 3532 SEC. 6. [Register.] The sheriff or other officer performing the duties of sheriff, of each county of this state, shall 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, shall enter: First-The name of each prisoner, with the date and cause of his or her commitment. Second-The date or manner of his or her discharge. 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. FifthThe practice observed during the year, of whitewashing and cleaning the occupied NOTE.-Chap. XXIX, R. S., 242; chap. 36, G. S., 451. Cited 34 Neb., 351. 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 operations of the rules and directions prescribed by the district judge. Eighth-The means furnished prisoners of literary, moral, and religious instruction, and of labor. NinthAll other matters required by said rules, or in the discretion of such sheriff deemed proper. 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 proper county, and at the expiration of said office shall deliver the same to his successor in office. 3533 SEC. 7. [Sheriff's report.] The sheriff or other officer performing the duties of sheriff shall, on or before the first day 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 the state to the legislative assembly, on or before the first day of its session annually. 3534 SEC. 8. [Charge to grand jury.] It shall be the duty of the district court to give this chapter in charge to the grand jury once each term of said court, and lay before them any and all rules, plans, or regulations established by the district judge, relating to county jails and prison discipline, which shall then be in force. 3535 SEC. 9. [Examination by grand jury.] The grand jury of each county in this state shall, once at each term of the district court, while in attendance, visit the jail; examine its state and condition; examine and inquire into the discipline and treatment of prisoners, their habits, diet, and accommodations; and it shall be their duty to report to said court, in writing, whether the rules of the said district judge have been faithfully kept and observed, or whether any of the provisions of this chapter have been violated, pointing out particularly in what said violation, if any, consists. It shall be also be the duty of the county commissioners of each county of this state to visit the jail of their county once during each of their sessions, in January, April, July, and October of each year. 3536 SEC. 10. [Furniture-Physician.] It shall be the duty of the county commissioners at the expense of their respective counties to provide suitable means for warming the jail and its cells or apartments, frames and sacks for beds, night buckets, and such other permanent fixtures and repairs as may be prescribed by the said district judge; said commissioners shall also have power to appoint a physician to the jail, when they may deem it necessary, and pay him such annual or other salary as they may think reasonable and proper, which salary shall be drawn out of the county treasury. And said medical officer or any physician or surgeon who may be employed in the jail shall make a report in writing whenever required by the said commissioners, district judge or grand jury. 3537 SEC. 11. [Jailer-Compensation.] That the sheriffs or jailers of the several counties, who have the custody of the state prisoners confined in the jails of such counties, shall receive for boarding such prisoners the sum of seventy cents per day; and such sheriffs and jailers are hereby authorized to provide such fuel, lights, washing and clothing as may be necessary for the comfort of such prisoners while in their custody; and such sheriffs or jailers shall, on the first day of SEC. 11. The amendment to this section made in 1873, G. S., 451, held, void. amendment, as to compensation of sheriff for keeping prisoners. 5 Neb., 40. for guarding prisoners, passed subsequent to this section. 8 Neb., 38. See decision based on See sec. 5, chap. 28, fees of sheriff |