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. 8., 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, aight 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 deen 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, hall receive for boarding such prisoners the sum of seventy SEC. 11. The amendment to this section made in 1873, G. S, 451, held, void. 8 Neb., 88. See decision based on amendment, as to compensation of sheriff for keeping prisoners. 5 Neb, 40. See sec. 5, chap. 28, fees of sheriff for guarding prisoners, passed subsequent to this section. Act of 1869 has no repealing clause. Original act reads: "It shall be the duty of the sheriff of each county to provide such bed clothing, washing, nursing when required, and board generally, and all necessaries for the comfort and welfare of said prisoners, as the said judge by his said rules shall designate, for all persons confined by law; and he shall be allowed such compensation for services required by the provisions of this chapter, as may be prescribed by said commissioners: Provided, That this section shall not be so construed as to give the sheriff a claim on the county for board or necessaries furnished any person confined for debt only." 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 January, April, July, and October of each year, make a report in writing, to the state auditor, of the number of state prisoners in his custody for the last three months before making his report, when committed, and for what time, and the amount due him for boarding such prisoner; the amount of clothing furnished each prisoner and the cost of the same; also the amount expended by him for washing, lights, and fuel, for that quarter; which account shall be sworn to by said sheriff or jailer before the clerk of the county of which he is sheriff or jailer, and certified to under his seal. Thereupon the state auditor shall draw his warrant upon the state treasurer for the amount due such officer, payable to him; and when the condition of the jails in the state require a constant guard to be kept, to prevent the escape of prisoners confined therein, the 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. [Amended 1869, 171.] 3538 SEC. 12. [Visits by sheriff.] 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. 3539 SEC. 13. [Jailer.] 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 and misconduct of the jailer, as of other deputies. 3540 SEC. 14. [Violation of act-Penalty.] 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 as 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 CHAPTER 47.-JOURNALS AND LAWS. 3541 SECTION 1. [Distribution.] The secretary of the state of Nebraska is hereby authorized to distribute the laws and journals of the state, as hereinafter prescribed. 3542 SEC. 2. [Requisition by county clerk.] The county clerk of each organized county shall make a requisition upon the secretary of state for sixty copies (or as many less than that amount as he shall find necessary for the county) of the laws, and fourteen copies of the journals of each branch of the legislative assembly, for the use of the county of which he is clerk; and he shall name the conveyance or means of trausportation, and also specify to whom they shall be directed, and to whose care, and upon the receipt of such requisition the secretary shall at once forward the required number of laws and journals as specified in the requisition of such county clerk, and the county clerk shall receipt for the same to the secretary, which receipt shall be filed in the office of the secretary of state. 3543 SEC. 3. [Distribution by county clerk.] The county clerk shall distribute one copy of the laws to each of the officers of the county, as follows: The probate or county judge; each member of the board of county commissioners; the sheriff; the county treasurer; the county surveyor; the prosecuting attorney; each notary public; each justice of the peace; each constable; each road supervisor; and each precinct assessor, in said county. He shall also reserve one for himself, and give two copies each of the laws and journals to every councilman and representative who was a member of the legislative assembly by which the laws were enacted. 3544 SEC. 4. [Preservation.] Each county officer shall deliver up to his successor in office all statutes which shall have come into his possession under the provisions of this chapter, as soon after his successor shall have qualified as such successor, or the county clerk may require. 3545 SEC. 5. [Sale by county clerk.] After the above distribution the copies remaining in the hands of the county clerk shall be sold at public auction (ten days notice having been given in three public places in each county) to the highest bidder, no person, however, to purchase more than two copies; and the proceeds of such sale shall go, first, to defray the cost of transportation from the secretary of state to the county clerk, and the remainder, if any shall exist, shall be paid over to the state librarian, and to be by him held subject to the order of the legislative assembly. 3546 SEC. 6. [Sale by secretary of state-Library.] After having so distributed the laws and journals of each legislative assembly, the secretary is authorized to sell copies of the laws at a price at least equal to cost, and the amount so received shall be applied to the library fund of the state. The secretary of state shall deliver all copies of the laws and journals yet in his possession to the state librarian, who shall officially receipt therefor. 3547 SEC. 7. [Distribution by librarian.] The librarian shall, upon the order of either of the judges of the supreme court, issue one copy each to the district attorney, United States marshal, each register and receiver of all United States land offices in the state, each United States commissioner residing in the state, and such other officers as the judges in their discretion may direct; Provided, always, That the librarian shall permit no person to take away a copy or copies of the laws and journals without taking a receipt therefor. CHAP. 47. Chap. XXX, R. S., 217. Chap. 37, G. S., 455. |