bill or bills, as aforesaid, and in case the amount of the excess aforesaid is insufficient to pay all of such bills on file, the commissioners shall determine which and what parts of such bills are most equitable to be paid, and the county clerk shall draw all necessary warrants upon the county treasury, for the payment of such bills, according to the order of the commissioners, which warrants said treasurer shall pay from the county general. fund.

SEC. 541 a. [Witness fees, how paid.]-That the fees of all witnesses in criminal cases, in the district court, shall be paid by the county where the indictment. is found. [1875, § 1, 33.]

CHAPTER LI.-SPECIAL PROCEDURE IN CASES OF HOMICIDE.

SEC. 542. [Notice to governor.]-Whenever it shall be brought to the knowledge of the coroner or the sheriff of any county in this state, that a murder has been committed within their respective counties, and the person or persons committing such murder are unknown, or, if known, have fled from justice, it shall be the duty of the coroner or sheriff to make the same known to the governor of this state, together with such facts as may have come to his knowledge, going to show by whom such murder was committed, and the whereabouts of the murderer.

SEC. 543. [Reward for arrest.]-Upon the receipt of the information as prescribed by the preceding section, the governor of the state shall issue his proclamation offering such reward not exceeding two hundred dollars for each person murdered as he shall deem proper, for the arrest of the person or persons committing said crime, and the delivery of said person or persons to the sheriff or jailer of the county where said crime was committed. Upon the trial of any person for whom such reward has been offered, if the presiding judge shall, under his hand and seal of the court, certify to the governor that the person arrested and indicted committed the act charged in the indictment, the person or persons making the arrest shall be entitled to the reward. [1885, chap. 107.]

SEC. 544. [Same, how paid.]-The governor, upon presentation of the certificate as provided for in the preceding section, shall give the person holding said certificate an order on the auditor of the state, who shall issue a warrant for the amount.

SEC. 545. [Death in another county.]-If any person shall give any mortal blow, or administer any poison to another, in any county within this state, with intent to kill, and the party so stricken or poisoned, thereof, shall die in any other county or state, the person giving such mortal blow, or administering such poison, may be tried and convicted of murder, or manslaughter, as the case may be, in the county where such mortal blow was given, or poison administered.

SEC. 546. [Death penalty-Execution.]-That the mode of inflicting the punishment of death, in all cases under this act, shall be by hanging by the neck until the person is dead; and the sheriff, and in case of his death, inability, or absence, the coroner of the proper county in which sentence of death shall be pronounced by virtue of this act, shall be the executioner.

SEC. 547. [Same-Where.]-When any person shall be sentenced to be hung, such punishment shall be inflicted in the immediate vicinity of the jail, within an inclosure to be prepared for that purpose under the direction of the sheriff, which inclosure shall be higher than the gallows, and so constructed as to exclude the view of persons outside thereof.

SEC. 548. [Same.]-In all cases in which the jail in any county shall be of such construction that the sentence of death can conveniently be carried into execution within its walls, no inclosure need be prepared as is provided in the preceding section, but such execution shall take place within the walls of the jail.

SEC. 541 a. "An act providing for the payment of witness fees in criminal cases." Laws 1875, 33. County not liable for defendant's witness fees. 14 Neb. 20. But see section 461.

SEC. 549. [Same.]-Whenever the sentence of death shall be about to be carried into execution in any county of this state which may at the time have no jail, it shall be the duty of the sheriff to cause such execution to be conducted agreeably to the provisions of section five hundred and forty-seven, at such convenient place at the county seat as he may select.

SEC. 550. [Same-Who present.]-Besides the sheriff and his assistants, the following persons may be present at the execution, and none others: The clergyman in attendance upon the prisoner, such other persons as the prisoner may designate, not exceeding three in number, and such other persons as the sheriff may designate, not exceeding six in number.

SEC. 551. [Military force.]-Whenever the sheriff shall deem the presence of a military force necessary to carry into effect the provisions of the four preceding seetions, he shall make a written requisition upon the officer of the militia highest in command then in his county, who shall issue the necessary orders to insure a compliance with the requisition of such sheriff.

SEC. 552. [Return of death warrant.]-Whenever the sheriff shall inflict the punishment of death upon a convict, in obedience to the command of the court, he shall make return of his proceedings as soon as may be to the clerk of the court where the conviction was had, and the clerk shall subjoin the return to the record of convietion and sentence.

SEC. 553. [Insane convict.]—If any convict sentenced to the punishment of death shall appear to be insane, the sheriff shall forthwith give notice thereof to a judge of the district court of the judicial district, and shall summon a jury of twelve impar tial men to inquire into such insanity at a time and place to be fixed by the judge, and shall give immediate notice thereof to the district attorney.

SEC. 554. [Inquest in such cases.]-The judge, clerk of the court, and dis trict attorney shall attend the inquiry. Witnesses may be produced and examined be fore the jury. The finding shall be in writing, signed by the jury. If it be found that the convict is insane, the judge shall suspend the execution of the convict until the sheriff shall receive a warrant from the governor of the state, directing such execution. The finding of the jury and order of the judge, certified by the judge, shall be by the clerk entered on the journal of the court.

SEC. 555. [Finding transmitted to governor.]—The sheriff shall transmit immediately a certified copy of such finding to the governor, who may, as soon as he shall be convinced that the convict has become of sound mind, issue a warrant appointing a time for his execution.

SEC. 556. [Female convict pregnant.]-If a female convict sentenced to the punishment of death appears to be pregnant, the sheriff shall, in like manner, summon a jury of six persons, who, on like proceedings being had as in the case of an insane convict, shall return a finding signed by them.

SEC. 557. [Same-Finding of jury.]—If by such finding it shall appear that such female convict is with child, the sheriff shall, in like manner, suspend the execution of her sentence, and shall transmit the finding to the governor, who, on being satisfied that such woman is no longer pregnant, shall issue a warrant appointing a day for her execution.

SEC. 558. [Conditional reprieve.]-Whenever the governor may deem it expedient and proper to reprieve any person under sentence of death, under any condition whatsoever, the condition upon which such reprieve is granted shall be specified in the warrant, and the person accepting such conditional reprieve shall subscribe such acceptance upon the warrant containing the conditions of reprieve in the presence of two witnesses, who shall attest the same; and such witnesses shall go before the clerk of the court where such sentence is recorded, and shall prove the same; and the clerk shall thereupon record the warrant of reprieve, together with the acceptance and proof thereof, in the journals of the court, a transcript of which record shall at all times thereafter be evidence for or against the person accepting such conditional reprieve.

SEC. 559. [Same.]—If in case of any reprieve the governor shall deem it expedient and proper to confine the persons so reprieved in the penitentiary, it being so specified in the warrant, the sheriff or other officer having the person so reprieved in his custody, shall convey him to the penitentiary in the same manner as other convicts are directed by law to be conveyed; and the warden of the penitentiary shall receive such person together with the warrant of reprieve, and shall proceed with such convict as such warrant may direct; and the expenses of transporting such person to the penitentiary shall be allowed and paid as in other cases.

SEC. 560. [Condition of reprieve violated.]-If any person reprieved according to section five hundred and fifty-eight shall violate the conditions upon which such reprieve is granted, such person shall be proceeded against as in other cases of persons escaping from prison convicted of offenses.

SEC. 561. [Convict escapes.]--If any person who has been convicted of murder in the first degree, and sentenced to be hung, shall escape, and shall not be retaken before the time fixed for his execution, it shall be lawful for the sheriff to re-arrest such person, and commit him to the jail of the proper county, and make return thereof to the court in which the sentence was passed; and thereupon the court shall proceed to fix the time of execution, which shall be carried into effect by the proper officer as may be provided by law for the execution of persons convicted of murder in the first degree.

SEC. 562. [Warrant for death penalty.]-When any person has been duly tried and convicted of the crime of murder in the first degree, before any district court in this state, and under said conviction has been sentenced by said court to suffer death, it shall be the duty of the clerk of the court before which said conviction was had, to issue his warrant, under the seal of said court, reciting therein said conviction and sentence, directed to the sheriff of his county, commanding him to proceed at the time and place named in said sentence, to carry the same into execution, by causing the person so convicted and sentenced to be hanged by the neck until he is dead.

SEC. 563. [Same-Execution.]-That it shall be the duty of said sheriff, on receipt of said warrant, provided the supreme court, or a judge thereof, have not ordered a suspension of the execution of said sentence, to proceed at the time and place named in said warrant, to carry said sentence into execution, by causing said person so convicted and sentenced to be hanged by the neck until he is dead; and of the manner of his executing said warrant, and his doings thereon, he shall forthwith make return to said clerk, who shall cause said warrant and return to be recorded as a part of said

case.

SEC. 564. [Proceedings if error prosecuted.]-That in case the supreme court, or any judge thereof, shall have allowed a writ of error in said case and ordered a suspension of the execution of said sentence until said writ of error shall be heard and determined, and after having heard and determined the same, shall have appointed a day certain for, and ordered the execution of said sentence, it shall be the duty of the clerk of the supreme court to issue to said sheriff his warrant, under the seal of said court, commanding him to proceed to carry said sentence into execution, at the time so appointed by said court, which time shall be stated in said warrant; and upon receipt of said warrant last aforesaid, it shall be the duty of said sheriff to cause said sentence to be executed as aforesaid, at the time so appointed by the supreme court, and to make due return of said warrant, and of his proceedings thereunder, forthwith to said clerk of said district court, who shall cause said warrant and return to be recorded as aforesaid.

CHAPTER LII.-PARDONS, Reprieves, and MITIGATION OF PENALTIES.

SEC. 565. [Power of governor.]-The governor shall have power to grant reprieves, commutations, and pardons, after conviction, for all offenses except treason, and to remit fines and forfeiture upon such conditions, and with such restrictions and limitations as he may think proper, subject to the regulations prescribed in this chapter.

But no pardon shall be granted until after notice shall have first been given for two weeks of such application for a pardon, by publishing the said notice in a newspaper printed in the county where the conviction was had, which notice shall state name of the applicant, the offense of which he was convicted, in what court, and when convicted, and the time the application will be made, and in case no newspaper is published in such county, then the said notice may be given by posting the same at the court house door of said county, two weeks before such application; Provided, however, That when any person is confined in the state penitentiary, the governor shall have power to pardon such person on account of good conduct, for the purpose of restoring him to civil rights, not more than ten days before the expiration of his term of imprisonment, without the notice provided for in this section.

SEC. 566. [Authority over public officers.]-The governor shall have power to issue his warrant to all proper officers to carry into effect any act which he has power to do, and which is regulated in this chapter; and all such officers are required to obey such warrant.

SEC. 567. [Warrant-Return.]-Whenever any convict is pardoned or reprieved, or his sentence is commuted, or any fine or forfeiture is remitted, it is the duty of the officer to whom the warrant is directed, as soon as may be after executing the same, to make a return in writing thereon to the secretary of state of his doings under the same, and sign the same with his name of office; and he must also file in the office of the clerk of the court in which the conviction was had, or in which the sentence was to have been enforced, a certified copy of the warrant and return, the proper entries in relation to which shall be made by such clerk.

SEC. 568. [Report to legislature.]-The governor must report to the general assembly at its next meeting thereafter each case of reprieve, commutation, or pardon granted, and the reason therefor, stating the name of the convict, the crime of which he was convicted, the sentence and its date, and the date of the reprieve, commutation, or pardon. He must in like manner also report the names of all persons in whose favor fines or forfeitures have been remitted, and the several amounts remitted. SEC. 569. [Commutation of time on good behavior.]—That every convict who is now or who may hereafter be confined in the Nebraska penitentiary, and who shall have no infraction of the rules or regulations of the penitentiary or laws of the state recorded against him, and who performs in a faithful manner the duties assigned to him in an orderly and peaceable manner, shall be entitled to the diminution of time from his sentence as appears in the following section, and pro rata for any part of a year where the sentence is for more or less than a year. Of two months on the first year; of two months on the second year; and three months on the third year; of four months on the fourth year, and the like diminution of time for each succeeding year of time of their sentence. [1875, § 1, 32.]

SEC. 569 a. [Time lost by misconduct.]-Whenever a charge of misconduct shall be sustained by the warden and inspectors at their first meeting after said charge or charges shall have been recorded by the warden or his deputy against a prisoner, he shall lose the deduction of time specified in section one of this act, but he may regain by continucus good conduct thereafter a deduction of time not exceeding seventyfive per cent. of said time specified in section one of this act, and as much less as the warden and inspectors may certify to, as a suitable reward for good conduct.

SEC. 569 b. [Warrant of governor.]—The governor shall, upon receiving certificate of good conduct from the warden and inspectors, immediately issue his warrant for discharge of such convict; said warrant shall in all cases restore the prisoner to civil rights the same as though a pardon had been issued.

SEC. 569 c. [Pardons by governor.]-That on the 4th day of July in each

SECS. 569 a, b. "An act in relation to persons imprisoned under sentence for offenses against the state of Nebraska," Laws 1875, 32. Sec. 1 of this act supersedes sec. 569 of original act.

SEC. 569c-e. "An act to provide for the pardon of convicts from the penitentiary in certain cases." Took sffect July 1, 1889. Laws 1889, chap. 36.

year the governor of this state may in his discretion grant and issue an unconditional pardon to two convicts in the penitentiary who have been confined therein for ten (10) years or more, and whose conduct while incarcerated in the penitentiary has been such as to entitle him or her to the benefits of the good time act. [1889, chap. 36.]

SEC. 569 d. [Same.]-Said pardons shall be issued upon the written recommendation of the warden of the penitentiary, the attorney general, secretary of state, and the chief justice of the supreme court.

SEC. 569 e. [Same.]-This act shall not be construed or taken to abridge or deny the power now vested in the governor to grant pardons, but shall be an addition thereto.

SEC. 570. [Repealed acts: Relating to pardons, Laws 1867, 46; Laws 1871, 80; Commutation act, Laws 1871, 79; Secs. 34, 35, 36, R. S. 11; Chap. 21, R. S. 716; Sec. 109, R. S. 227; Sec. 107, 110, R. S. 340, 341; Sec. 12, R. S. 344; Crim. Code R. S. 592, except Chap. 29; Intoxicating liquor act, Laws 1869, 19; Laws 1867, 12th Sess. Terr., 5; Offenders against chastity, Laws 1869, 81; Laws 1870, 6. Act amending Sec. 20, Crim. Code, Laws 1869, 94; Secs. 31-38, 40, 43-50, Laws 1869, 105-108; Sec. 103, Laws 1869, 214; Act to assign counsel to defend indigent prisoners, Laws 1871, 118; Act. punishing justices for neglect of certain duties, Laws 1871, 119; Act relative to justices of the peace, Laws 1871, 84; Bird act, Laws 1871, 128, and all acts in conflict; Provided, That the validity of such acts so repealed shall be saved and continued to the extent described in section 255.]

SEC. 571. [Provided for taking effect Sept. 1, 1873.]

CHAPTER LIII.—ERRORS FROM INFERIOR COURTS.

SEC. 572. [Review on error.]-That in all criminal cases tried before county judges, police judges, justices of the peace, police magistrates, and all other courts inferior to the district court, wherein the accused shall be convicted of a violation of any law of this state, or of an ordinance of any municipal corporation in this state, and adjudged to pay a fine or to be imprisoned, or both, such judgment may be reviewed on error in the district court of the county in which any such trial and conviction may be had. [1883, chap. LXXXV.]

SEC. 573. [Transcript.]-On application by or on behalf of such convicted person to any such officer or court before whom such trial and conviction may have been had, and upon tender of the legal fees, such officer shall make and deliver to such convicted person or his counsel a complete certified transcript of the judgment and all docket entries made on the trial of such case, and on receipt of a copy of the summons, as hereinafter set forth, shall forward to the clerk of the district court the original papers in the case.

SEC. 574. [Petition in error.]-The proceeding to review any such judgment shall be by petition in error, to which shall be attached such transcript, and also any original papers received by the clerk, and the court in which the review is sought may, by summary process, compel a more complete record to be furnished and such original papers to be forwarded.

SEC. 575. [Summons in error.]-When such petition and precipe are filed in any court, a summons in error, returnable in thirty days, shall be issued by the clerk, unless the judge of such court prescribe another day for the return, which summons shall be directed to the sheriff of the county in which the district attorney resides, containing such description of the judgment as, to identify it, reciting the fact that a petition in error has been filed, and command such sheriff to notify the district attorney of the time it will be for hearing; and if original papers are required, it shall command the sheriff to notify the officer in whose possession they are to forward them to such clerk. In case the district attorney should reside in some county other than the one in

CHAP. LIII. "An act to provide for reviewing on error all criminal cases before county judges, police judges, justices of the peace, police magistrates, and all other courts inferior to the district court, wherein the accused shall be convicted and adjudged to pay a fine or to be imprisoned, or both."