0172 SEC. 24. [Convicts resisting authority-Same.] If any convict resist the authority of any officer, keeper or guard of the penitentiary, or refuses to obey any lawful command, such officer, keeper or guard shall without delay enforce obedience by the use of such weapons or other aid as may be necessary for the purpose, and if in preventing the escape of prisoners, great destruction of state property, or the taking of life or doing of great bodily injury, any convict so resisting is necessarily injured or killed by such officer or assistants, such officer or assistants shall be justified and held guiltless. But this act shall be no protection to any officer or assistant who shall commit any wanton cruelty against a convict.

5173 SEC. 25. [Sickness-Removal of convicts.] 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 as are sick shall receive all necessary care and medical attendance.

5174 SEC. 26. [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.

5175 SEC. 27. [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.

5176 SEC. 28. [Discharged convicts-Clothing, Bible, 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.

5177 SEC. 29. [Separate cells.] When there are cells sufficient, each prisoner shall be confined in a separate cell.

5178 SEC. 30. [Clothing-Bedding-Food.] The clothing and bedding for the convicts shall be of coarse material, and they shall be supplied with sufficient quantity of clothing and substantial and wholesome food.

5179 SEC. 31. [Aiding convicts.] If any person employed in or about the state prison, as officer, guard, or employe in whatever capacity, shall willfully and negligently suffer any prisoner confined in such prison to go at large, or be visited, conversed with, comforted or relieved within the prison, or shall convey to or from any prisoner any communication, newspapers, matches or any article without the approbation of the warden, he shall on conviction thereof be punished by a fine not exceeding one thousand dollars or by imprisonment in the state prison not exceeding

ten years.

5180 SEC. 32. [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.

5181 SEC. 33. [Copy mittimus-Certificate of delivery.] 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.

5182 SEC. 34. [Escapes-Rewards.] 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.

5183 SEC. 35. [Same-Payment.] All suitable rewards and other sums of money paid for advertising any convict, shall be approved by the warden and the board of inspectors, and paid out of the state treasury.

5184 SEC. 36. [Conveying prisoners-Fees.] The expenses and legal fees of sheriffs and other officers incurred in conveying convicts to the penitentiary shall be examined and adjusted by the auditor of public accounts, and approved by the secretary of state, and shall be paid out of the state treasury; said auditor and secretary of state may allow for such expenses and fees the following rates: For sheriff, three dollars per day for time actually necessary in conveying such prisoner to the state prison and return; for each assistant or guard absolutely necessary, two dollars per day; provided, that no allowance for assistance shall be made where but one prisoner is brought to the penitentiary; and the actual and necessary traveling expenses in going and coming.

5185 SEC. 37. [Liquors.] No spirituous, or fermented liquors shall be under any pretense whatever, brought in or upon the premises of the prison, except by direction of the prison physician.

5186 SEC. 38. [Expenses, how paid.] The state auditor of public ac counts is authorized and required to draw his warrant on the state treasurer for such sums as the warden and inspectors may from time to time direct, for defraying the proper and necessary expenses of the prison; provided, that no warrant shall be drawn and no expense incurred unless an appropriation therefor has been made by the legislature.

5187 SEC. 39. [Visitors-Rules-Fees.] It shall be lawful for the inspectors to establish uniform rules and fees for the admission of visitors within the prison.

5188 SEC. 40. [Officers exempt from civil duties.] The warden, deputy warden, inspectors, physician, assistant keepers, and guards shall be exempt form military and jury duties while actually employed by the state as such officers.

in

5189 SEC. 41. [Absence of warden.] Whenever there is a vacancy the office of warden, or the warden is temporarily absent, the duties of warden shall devolve upon and be performed by the deputy warden'until the vacancy is filled or the warden returns.

5190 SEC. 42. [Physician's register.] The physician shall keep a reg ister 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.

5191 SEC. 43. [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.

5192 SEC. 44. [Warden's 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.

5193 SEC. 45. [Warden's quarters and subsistence.] The warden and deputy warden are entitled to the use of suitable rooms at the penitentiary to be set apart for them by the inspectors, and to necessary fuel, food and light, to be supplied from the common stock of the prison free of charge.

5194 SEC. 46. [Warden's monthly report of convicts.] The warden of the penitentiary is hereby directed and required to make, on the first Wednesday of each month, a complete detailed report to the governor and 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; 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 in prison under contract, to whom contracted and for what price.

5195 SEC. 47. [Same of receipts and expenditures-Certificates.] The warden shall also, at the same time, make a detailed statement of all receipts, showing the source from which the same were derived, and 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 governor. All certificates certified to by 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 to the treasurer for the same.

5196 SEC. 48. [Official vacancies filled without delay.] In all cases of vacancy in any office of the penitentiary the same shall be filled by appointment without unnecessary delay.

5197 SEC. 49. [Acts repealed.] Chapter eighty-six (86) of the Compiled Statutes of 1895, and all other acts and parts of acts inconsistent with this act, are hereby repealed.

CHAPTER 87.-STATE UNIVERSITY.

5203 SECTION 1. [Name-Establishment.] That there shall be established in this state an institution under the name and style of The University of Nebraska. [1869, § 1, 172. G. S., 1049.]

5204 SEC. 2. [Object.] The object of such institution shall be to afford to the inhabitants of this state the means of acquiring a thorough knowledge of the various branches of literature, science, and the arts.

5205 SEC. 3. [Government-Board of regents.] The general government of the university shall be vested in a board of six regents, elected by the electors of the state at large, according to the provisions of the constitution of 1875. Vacancies occurring in the board between one general election and another may be filled by the governor; Provided, always, That any person thus appointed to fill a vacancy shall hold his office until the next general election succeeding his appointment, and no longer. [Amended 1877, 56.]

5206 SEC. 4. [Board of regents-Powers.] The board of regents shall have full power to appoint their own presiding officer and secretary. And they shall constitute a body corporate to be known as "The regents of the university of Nebraska," and as such may sue and be sued, and may make and use a common seal, and alter the same at pleasure. They may acquire real and personal property for the use of the university, and may dispose of the same whenever the university can be advantaged thereby; Provided, They shall never dispose of grounds upon which buildings of the university are located, without consent of the legislature. [Amended 1877, 56.]

5207 SEC. 5. [Chancellor, professors, etc.] The regents shall have power, and it is hereby made their duty to enact laws for the government of the university, to elect a chancellor, who shall be the chief educator of the institution, and the prescribed number of professors and tutors, and a steward; to prescribe the duties of all the professors and officers, and to fix their compensation. They shall have power to remove any professor or officer, but only upon the proof of written charges, and after affording to the person complained against an opportunity for de fense. [1869, § 6, 172.]

5208 SEC. 5a. [State botanist, geologist, chemist, entomologist.j That on and after the publication of this act the professor of botany at the state university shall be ex-officio the acting state botanist; the professor of geology shall be ex-officio the acting state geologist; the professor of chemistry shall be ex-officio the acting state chemist; and the professor of entomology shall be ex-officio the acting state entomologist. [Laws, 1893, chap. 37, § 1.]

5209 SEC. 56. [Same-Duties.] It shall be the duty of these members of the faculty to give special attention to the interests of this state in their respective departments; to furnish all information requested by any official of this state; and to properly arrange and exhibit the collections in their departments, or some portion of these collections, with special reference to showing the varied resources of this state; Provided, That this work shall be so conducted as not to interfere with the original duties as instructors at the university. [Id., § 2.]

CHAP. 87. "An act to establish the university of Nebraska." Laws, 1869, 172. Chap. 78, G. S., 1049. Took ef fect Feb. 15, 1869. Secs. 5 and 9 of the original act were repealed 1877, 59, and are omitted.

SEC. 8. The regents may sue and be sued in matters over which express authority is given the corporations; but cannot maintain an action to recover funds belonging to the university. 5 Neb., 428.

SEC. 5. See sec. 23, passed subsequent to this section.

SECS. 6a-5c. "An act to enlarge and define the duties of certain members of the faculty of the state univer dty. Laws, 1893, chap. 37. Took effect July 9, 1893.

5210 SEC. 5c. [Same-Compensation.] No compensation shall be claimed or allowed on account of services rendered under the provisions of this act. [Id., § 3.]

5211 SEC. 6. [Colleges.] The university may embrace five departments, towit: First-A college of literature, science, and art. Second-An industrial college, embracing agriculture, practical science, civil engineering, and the mechanic arts. Third-A college of law. Fourth-A college of medicine. Fifth-A college of the fine arts. [1869, § 7. Amended 1877, 56.]

5212 SEC. 7. [Chairs of instruction.] The regents shall be empowered to establish in these several colleges such chairs of instruction as may be proper, and so many of them as the funds of the university may allow. They shall also be authorized to require professors to perform duties in more than one of the several colleges, whenever they shall deem it wise and proper so to do. [Id., § 8. Amended 1877, 57.]

5213 SEC. 8. [Model farm-Lands.] The governor shall set apart two sections of any agricultural college land, or saline land, belonging to the state, and shall notify the state land commissioner, of such reservation, for the purpose of a model farm, as a part of the college of agriculture; and such land, so set apart, shall not be disposed of for any other purpose. [Id., § 10.]

5214 SEC. 9. [Location.] The several buildings of the university shall all be erected within a radius of four miles from the state house. [Id., § 11.]

5215 SEC. 10. [Tutors.] The regents shall, when the number of students in any particular branch of study shall require, elect one or more tutors to give instruction in such branch of study; but such tutors shall not be considered as belonging to the faculty of the college in which they may be employed. [Id., § 12.]

5216 SEC. 11. [Colleges-Government.] The immediate government of each college shall be by its own faculty, which shall consist of the professors therein, but no course of study shall be adopted, or series of text books used, without the approval of the board of regents. [Id., § 13.]

5217 SEC. 12. [Degrees-Diplomas.] The board of regents shall have exclusive authority to conter degrees and grant diplomas, but each college may, in its discretion, grant rewards of merit to its own students. No student shall, upon graduation, receive any diploma or degree, unless he shall have been recommended for such honor by the faculty of the college in which he shall have pursued his studies. The regents shall also have power to confer the usual honorary degrees upon other persons than graduates of this university, in recognition of their learning or devotion to literature, science, or art; but no degree shall be conferred in consideration of the payment of money or other valuable thing. [Id., § 14.]

The

5218 SEC. 13. [Admission of pupils-Fees-Library fund.] fee of admission to any college in the university shall be five dollars each for all persons; and the amount arising therefrom, together with all other tuition fees, shall be paid into the hands of the university treasurer, and shall be held as a library fund, and the board of regents shall annually appropriate the same for the purchase of books for the university library. A reasonable course of study shall be prescribed by the board of regents, precedent to admission, and no applicant who shall fail to pass an examination in any part of such course shall be admitted; Provided, Any person who shall produce a certificate from a county superintendent of common schools, that he has passed honorably through the course of study prescribed in a high school, under the common school laws of the state, may be admitted without further examination. [Id., § 15. Amended 1873, G. S., 1053.]

SEC. 13.

Act of 1873 has no repealing clause. It added in the first sentence all after word

persons."