Изображения страниц
PDF
EPUB

CHAPTER 85.-STATE LIBRARY.

5133 SECTION 1. [What shall constitute.] That the books, pamphlets, maps, and charts, belonging to the state, now in the state library, or which shall hereafter be added to the same, shall constitute the state library. [1871, § 1, 52.]

5134 SEC. 2. [Divisions.] There shall be two divisions of the state library, one of which shall embrace all miscellaneous works, books, pamphlets, maps, and charts, and the statutes and other books required by law to be deposited in the office of the secretary of state, and shall be known as the miscellaneous division of the state library. The other shall embrace all books of reports, and other law books, and shall be known as the law division of the state library.

5135 SEC. 3. [Directors.] The governor, secretary of state, and auditor shall constitute a board of directors of the miscellaneous divisions, and the judges of the supreme court shall constitute a board of directors of the law division of the state library.

5136 SEC. 4. [Rules.] Each board of directors shall have power to make such rules not inconsistent with this act, for the regulation of the division of the lib ary under their direction, as they may elect proper, and may prescribe penalties for any violations thereof, which shall be collected in the same manner as for the non-return or injury of any books.

5137 SEC. 5. [Who may take books.] Books may be taken from the state library by the members of the legislature and its officers, during the session of the legislature, and by the officers of the executive department of the state, and judges of the supreme court and district courts; and no other person shall be permitted to take or detain from the library more than two miscellaneous works at any one time, or take the same away from the capitol.

5138 SEC. 6. [Register of books loaned.] Each librarian shall cause to be kept a register of all books issued and returned at the time they shall be so issued and returned, and none of the books, except the laws, journals, and reports of this state, which may be taken from the library, shall be detained more than ten days, and all the books taken out by officers or members of the legislature shall be returned at the close of the session.

5139 SEC. 7. [Failure to return books.] If any person injure or fail to return any book taken from the library, he shall forfeit and pay to the librarian of the division to which it belongs for the use of the library double the value thereof, or of the set to which it belongs, if a set is broken by its loss, to be recovered in an action in the name of the people of the state, in any court of competent jurisdiction; and before the auditor shall issue his warrant in favor of any person authorized to take books from the library for the value of his services or amount of his salary, he shall be satisfied that such person has returned all books taken from the library, or settled for the same; otherwise he shall deduct all accounts for the detention or injury of such books.

5140 SEC. 8. [Librarian's report to governor.] Each librarian shall, on or before the 20th day of December in each year, report to the governor the condition of the division under his charge, stating the number of volumes contained therein, the number of volumes purchased during the past year, and the cost thereof, the number of volumes received by donation, the number of volumes injured or not CHAP. 85. "An act regulating the State Library." Laws, 1871, p. 52.

SEC. 2. Words designating secretary of state and clerk of supreme court as librarians omitted, as abrogated by constitution, art. VI, § 8.

returned, if any, and the amount received in compensation therefor, and such suggestions and further information as may be deemed by him desirable.

5141 SEC. 9. [Annual appropriation.] Two hundred dollars shall be annually paid out of the state treasury for the use of the library, one-half to each division, which amount, together with the amounts received from fines and forfeitures, under this act, shall be annually expended in the purchase of additional book, under the direction of the board of directors.

5142 SEC. 10. [Books stamped and marked.] It shall be the duty of each librarian to cause each book in his division to be labeled with a printed or stamped label containing the words "Nebraska State Library," and also to write the same words on the thirtieth page of each volume.

5143 SEC. 11. [Books-Sale-Exchange.] The directors of the law division of the state library may sell or exchange any surplus or duplicate sets of reports or law books in such division of the library, and use the money arising from such sale in purchasing other law books or reports for such library.

5144 SEC. 12. [Books-Removal-Penalty.] If either librarian shall permit or allow any person not authorized by this act to remove a book from the library, he shall be liable, on conviction thereof, to pay a fine of not less than five nor more than fifty dollars for every book so taken.

5145 SEC. 13. [Same-Penalty.] If any person not authorized by this act shall take a book from the library, either with or without the consent of the librarian, he shall, upon conviction thereof, be fined in any sum not less than ten nor more than fifty dollars for every book so taken.

5146 SEC. 14. [Distribution of publications to other states.] That the librarian of the law division of the state library is hereby authorized and required to send one copy each of all law reports, session laws, journals of senate and house of representatives, and any other books and pamphlets hereafter published for the use of the state of Nebraska, to every one of the states, for the use of their respective library's. [1871, § 1, 55.]

5147 SEC. 15. [Exchange of publications.] To enable the state library and the Nebraska State Historical society to augment their respective collections by effecting exchanges with other societies and institutions, the State of Nebraska hereby donates to the state library two hundred (200) bound copies of each of the several publications of the state, its officers, societies and institutions, except the reports of the supreme court; and to the Nebraska Historical society fifty (50) volumes of the same publications as the same shall be issued. [1893, chap. 35, § 1.]

5148 SEC. 16. [Same-Deposited by officers.] It is hereby made the duty of the secretary of the state, or other officer having custody of any of the said publications, to deliver the number of copies of the same above specified, on the issuance of said publications to the state librarian and the secretary of the Nebraska State Historical society respectively. [Id., § 2.]

SECS. 14, 15. "An act to assist the state library and the 'Nebraska State Historical society' to augment their collections." Laws, 1893, chap. 85. Took effect July 5, 1893.

CHAPTER 86.-STATE PENITENTIARY.

5149 SECTION 1. [Officers.] The officers of the penitentiary shall consist of one warden, who shall be the principal executive officer and keeper of the penitentiary; one deputy warden, both of whom shall reside at the prison; one physician, and one chaplain, and such number of assistants, keepers, and guards, as the warden and inspectors shall deem requisite,

5150 SEC. 2. [Board of public lands and buildings, inspectors.] The board of public lands and buildings are by virtue of their offices hereby made prison inspectors and the members thereof are the inspectors of the state penitentiary.

5151 SEC. 3. [Warden-Appointment.] The warden shall be appointed by the governor, by and with the consent and advice of the senate, and shall hold his office for the term of two years, and until his successor shall be appointed and qualified, unless sooner removed by the governor.

5152 SEC. 4. [Other officers-Appointment.] The deputy warden, chaplain and physician shall be appointed by the governor and shall hold their respective offices during the pleasure of the governor. The assistants, keepers, and guards shall be appointed by the warden, and shall hold their offices during the pleasure of the warden.

5153 SEC. 5. [Inspectors-Rules-Convict labor-Salaries.] The board of inspectors may establish rules and regulations when approved by the gov ernor, not inconsistent with the provisions of this act, for the government and management of the penitentiary and for securing economy, discipline and efficiency and the proper employment of the labor of the convicts, as they may deem expedient, and likewise the amount of salaries and wages to be paid all officers and employes of said penitentiary where not otherwise provided by statut[e].

5154 SEC. 6. [Same-Inspection-Reports from warden.] The inspectors, from time to time, shall inquire into and examine all matters connected with the government, discipline and police of the penitentiary, and punishment and employment of the prisoners contained therein, and they may, from time to time, require reports from the warden in relation to any and all of said matters.

5155 SEC. 7. [Same-Misconduct of Officers-Witnesses.] They shall inquire into any improper conduct alleged to have been committed by the warden, or any other officer of the penitentiary, and for that purpose the president of the board has power to issue subpoenas to compel the attendance of witnesses and the production of papers and writings before them, in the same manner and with like effect as in cases of arbitration.

5156 SEC. 8. [Same-Oaths.] The inspectors may examine any witnesses who appear before them on oath to be administered by the president of the board, or, in his absence, by any other inspector.

of

5157 SEC. 9. [Same-Admission to penitentiary-Documents.] The warden and other officers of the penitentiary at all times shall admit the inspectors, or any of them, into every part of said penitentiary; exhibit to them, or any them, on demand, all the books, papers, accounts, and writings pertaining to the penitentiary, or to the business, government, discipline or management thereof, and render them every other facility in their power to enable them to discharge their duties under this title.

CHAP. 86. "An act to provide for the administration of the State Penitentiary and the government ther and of the prisoners therein, and to repeal chapter eighty-six (86) of the Compiled Statutes of 1895." Took ef April 12, 1897. Laws, 1897, chap. 75. Powers of board stated. 46 Neb., 612.

5158 SEC. 10. [Officers furnished rules.] A printed copy of the rules and regulations of the penitentiary shall be furnished to every officer, assistant, keeper, and guard of said penitentiary at the time he is appointed and sworn.

5159 SEC. 11. [Warden's daily journal.] The 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.

5160 SEC. 12. [Inspector's 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 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.

5161 SEC. 13. [Library-Appropriation.] 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 ($25.00) to be expended in the purchase of books or periodicals for the use of the prison library.

5162 SEC. 14. [Salaries.] 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 ($1,500.00); to the deputy warden, the sum of nine hundred dollars ($900.00); to the chaplain, physician, and assistant keepers, and guards, such sums as may be provided for by the rules and regulations of the board of inspectors.

5163 SEC. 15. [Warden-General 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 direc tions to the keepers, guards, and other employes; examine whether they have been vigilant in the discharge of their respective duties; examine daily into the health of the prisoners, and take charge and properly care for all personal estate, belonging to or connected with the penitentiary.

5164 SEO. 16. [Convict labor-Contracts-Suits.] It shall be the duty of the warden, with the approval of the governor and the prison inspectors, to provide labor for the prisoners and keep them in industrial employment, so far as possible and for the greatest practical profit to the state and the general welfare and health of the prisoners. The warden may manufacture articles for use in the prison and all other state institutions, or let the service of prisoners for such purpose, and whenever there shall be any surplus of prison labor which cannot be so utilized to advantage or profit, the warden may let out the service of such unemployed or idle prisoners for a term of years, not exceeding three years at any one time or for any one contract; and he shall be charged with the duty of collecting for such services and collecting all other debts due to the state under his administration. When the service of convicts confined in the penitentiary is let out to contract, the warden shall be at all times charged with the custody, discipline, control and safe keeping

BEC. 15. Powers and duties. Keeper. Subject to control of board. 46 Neb., 612.

of such prisoners and provide them with board and clothing. As rapidly as it may profitably be done, the state shall provide for the employment of the labor of the convicts on its own account to the end that the state may eventually provide means for the employment of all prisoners without the intervention of contractors; and the warden shall be charged with the duty of making the state prison as nearly self-sustaining as possible and of promoting, as far as circumstances will permit, the welfare of the convicts.

5165 SEC. 17. [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 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 the state, on account of said penitentiary.

5166 SEC. 18. [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.

5167 SEC. 19. [Warden-Account 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 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 received and to whom made, and on what account, and the balance remaining in his hands at the time of rendering said account.

5168 SEC. 20. [Same-Report.] 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 all moneys expended by him on account of the penitentiary, with sufficient vouchers therefor, which accounts shall be duly verified by the warden.

5169 SEC. 21. [Same-Report to inspectors.] 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.

5170 SEC. 22. [Biennial report.] The inspectors and warden shall, at least ten days preceding the convening of each regular session of the legislature, make a full and detailed report of the transactions of the penitentiary to the gov ernor for the biennial period ending November 30, preceding, to be transmitted to the legislature.

5171 SEC. 23. [Violence or injury by convict-Duty of officers.] 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 to any workshop or to any appurtenances thereof, or disobeys or resists any reasonable command of an officer or guard, such officers and guards shall use all reasonable means to prevent such violence or injury, and to enforce the observance of discipline.

SEC. 17. But see sec. 19, art V. Const. Unconstitutional. 46 Neb., 612.

« ПредыдущаяПродолжить »