proper clothing or food, and also of 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. [Id., § 25.]

5158 SEC. 10. [Report to governor.] The inspectors, on the first Monday of December annually, shall audit, correct, and settle the accounts of the warden with the prison and the state, for the year ending on the last day of November preceding, and make report of the same immediately to the governor, which report must embrace and exhibit all particulars necessary to give the governor a full understanding of the fiscal year and all other matters pertaining to the management of the prison. And they shall at the same time furnish an estimate of the probable income and expense of the penitentiary for the ensuing year. [Id., § 26.]

5159 SEC. 11. [Prison library.] They shall appropriate annually, out of the fees received from visitors, or from other funds of the penitentiary, a sum not less than twenty-five dollars, to be expended in the purchase of books or periodicals for the use of the prison library. [Id., § 28.]

5160 SEC. 12. [Salaries of officers.] 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 duties; to the chaplain, and physician, and assistant keepers, and guards, such sums as the board of inspectors deem proper and just. [Id., § 29.]

5161 SEC. 13. [Warden-Duties.] The warden shall attend constantly at the penitentiary, except when performing some other duty connected with his office; he shall exercise general 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 prisoners, and take charge of the real and personal estate belonging to or connected with the penitentiary. [Id., § 31.]

5162 SEC. 14. [Same-Transactions-Suits.] 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. [Id., § 32.]

5163 SEC. 15. [Convicts employed by officers.] 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 interest in the business or shops belonging to the penitentiary. [Id., § 38.]

5164 SEC. 16. [Warden-Accounts of moneys.] 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 purposes 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 re

SEC. 12. Cited 15 Neb., 459.

ceived and to whom made, and on what account, and the balance remaining in his hands at the time of rendering said account. [Id., § 39.]

5165 SEC. 17. [Same.] 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. [Id., § 40.]

5166 SEC. 18. [Report of transactions.] He shall annually, on or before the third day of December in each year, make and deliver to the inspectors of the penitentiary a report exhibiting a complete and detailed statement of the transactions of the penitentiary during the year preceding, stating the number of convicts confined therein, and all other matters relating to the same and the management thereof. [Id., § 41.]

5167 SEC. 19. [Report of convicts pardoned.] He shall report to the secretary of state on the first Monday of December in each year, the names of all convicts pardoned the preceding year, the counties of which they were tried, and the terms for which they were sentenced. [Id., § 42.]

5168 SEC. 20. [Discipline.] 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. [Id., § 43.]

5169 SEC. 21. [Same-Resisting authority.] 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. [Id., § 44.]

5170 SEC. 22. [Sickness-Removal of convicts.] In case any pestilence or contagious disease breaks out among the convict in the penitentiary, the inspectors and warden may cause such convicts to be removed to some secure and suitable place where such sick as are shall receive all necessary care and medical attendance. [Id., § 45.]

5171 SEC. 23. [United States prisoners.] 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. [Id., § 46.]

5172 SEC. 24. [Property of convicts-Sale.] 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 all such property and the proceeds thereof. [Id., § 47.]

5173 SEC. 25. [Discharged convicts-Clothing, etc.] 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. [Id., § 42.] 5174 SEC. 26. [Separate cells.] When there are cells sufficient, each prisoner shall be confined in a separate cell. [Id., § 49.]

5175 SEC. 27. [Clothing-Food.] 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. [Id., § 50.]

5176 SEC. 28. [Information to and from convicts.] No person shall, without the consent of the warden, bring into or carry out any writing, or any information, to or from any convict. [Id., § 51.]

5177 SEC. 29. [Visitors.] 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. [Id., § 52.]

5178 SEC. 30. [Copy of convict's sentence.] 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. [Id., § 53.]

5179 SEC. 31. [Escapes-Reward.] 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 dollors, and not less than twenty-five dollars; Provided, That if such escape was by reason of the negligence of the warden, or of any officer under him, the reward shall be paid by the warden. [Id., § 54.]

5180 SEC. 32. [Same-Payment.] 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. [Id., § 65.]

5181 SEC. 33. [Conveying prisoners-Fees.] 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 shall be 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 travelling expenses in going and coming. [Id., § 56.]

5182 SEC. 34. [Liquors.] 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. [Id., § 57.]

5183 SEC. 35. [Expenses, how paid.] 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. [Id., § 58.]

5184 SEC. 36. [Visitors-Rules.] It shall be lawful for the inspectors to establish uniform rules and fees for the admission of visitors within the prison. [Id., § 59.]

5185 SEC. 37. [Officers exempt as military and jurors.] 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. [Id., § 60.]

5186 SEC. 38. [Absence of warden.] Whenever there is a vacancy in the office of warden, or the warden is temporarily absent, all the duties of warden shall devolve upon and be performed by the deputy warden until the vacancy is filled or the warden returns. [Id., § 62.]

5187 SEC. 39. [Physician-Duties.] 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. [Id., § 63.] 5188 SEC. 40. [Records are public property-Copies.] All books, accounts, documents, registers, and reports shall be deemed public property, of which the warden shall preserve at least one copy of each. [Id., § 64.]

5189 SEC. 41. [Warden-Record of discipline.] 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. [Id., § 65.]

5190 SEC. 42. [Warden's quarters.] 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. [Id., § 66.]

5191 SEC. 43. [Lease-Prisoners constantly employed.] 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 continuance of such lease. [Id., § 67.]

5192 SEC. 44. [Official vacancies-Appointment.] In all cases of vacancy in any office of the penitentiary, the governor shall fill the vacancy by appointment. [Id., § 69.]

5193 SEC. 45. [Warden-Monthly report.] That the warden of the penitentiary be, and he is hereby directed and required to make, on the first Wednesday of each month, a complete detailed report to the board of prison inspectors, which report shall show the whole number of prisoners confined in said prison on the first day of the preceding month; number received during the month; number whose term expired during the month; numbered pardoned during the month, number escaped and still at large; number escaped and recaptured; number died, if any, during the month; number in prison on the last day of the month; number of prisoners under contract, to whom contracted and for what price. [G. S., § 81, 1046.]

5194 SEC. 46. [Same.] The warden shall also, at the same time, making a detailed statement of all receipts, showing the source from which the same was derived, and of all expenditures, with the proper vouchers for each item, the same to be kept on file by the inspectors and embraced in their annual report to the goverAll certificates certified to be the warden on account of expenditures, for care and custody of prisoners, shall be signed and certified by at least two of the inspectors before the auditor shall issue his warrant upon the treasurer for the same. [Id., $82.1

nor.

5195 SEC. 47. [Foreign convicts.] 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 SEC. 45. "An act to require the warden of the penitentiary to make a detailed monthly report to the inspectors." G. S. 1048.

said penitentiary, until October 1st, 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. [Amended 1883, chap. LXXIX.]

5196 SEC. 48. [Lease extended-Conditions.] That the contract leasing to W. H. B. Stout the penitentiary, penitentiary grounds, and convict labor of the state of Nebraska, executed on the 22nd 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 and 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; Providing, however, That the provisions of this act shall in no wise impair or invalidate any contract now existing. [1887, chap. 86.]

5197 Whereas, by an act of the Legislature of the State of Nebraska approved March 2, 1887, the contract leasing to W. H. B. Stout, the penitentiary, penitentiary grounds, and convict labor of the state of Nebraska (which contract was afterwards assigned to C. W. Mosher) was extended for the period of ten years from the first day of October, 1889, and Whereas, said contract has since been assigned to W. H. Dorgan, who is now the holder and owner hereof, and Whereas, It is desirable that said contract should be annulled and set aside before the same expires by limitation, therefore,

5198 SEC. 49. That the Board of Public Lands and Buildings, of the state of Nebraska shall, within thirty days from the day this act takes effect, select a competent person, resident of this state to act as an appraiser for and on behalf of the state of Nebraska, and within thirty days W. H. Dorgan, the present alleged assignee of said contract, his heirs or assigns shall select a competent person, resident of this state to

SEC. 48. "An act to extend the contract for the leasing of the penitentiary, penitentiary grounds, and convict labor to C. W. Mosher, assignee of W. B. Stout." Took effect July 1, 1887.

SECS. 49-53. "An act to annul a contract between the state of Nebraska and W. H. Dorgan, alleged assignee of C. W. Mosher, for leasing the penitentiary, penitentiary grounds and convict labor of the state of Nebraska, and to appropriate the sum of thirty-five thousand dollars or so much thereof as may be necessary to carry into effect the provisions of this act, and to repeal all acts and parts of acts in conflict with the provisions of this act." Took effect April 11, 1895. Laws, 1895, chap. 66,