SEC. 6. [Estoppel.]-Any county or city which shall have issued its bonds, in pursuance of this act, shall be estopped from pleading want of consideration therefor, and the proper officers of such county or city may be compelled, by mandamus, or otherwise, to levy the tax herein provided to pay the same.

SEC. 7. [Repealed 1885, chap. 58.]

SEC. 8. [Bonds heretofore issued.]-All bonds heretofore voted and issued by any county or city in this state, to aid in the construction of any railroad or other work of internal improvement, are hereby declared to be legal and valid, and a lien upon all of the taxable property in such county or city, notwithstanding any defect or irregularity in the submission of the question to a vote of the people, or in taking the vote, or in the execution of such bonds, and notwithstanding the same may not have been voted upon, executed, or issued in conformity with law, and such bonds shall have the same legal validity and binding force as if they had been legally authorized, voted upon, and executed; Provided, That nothing in this section nor in this act shall be so construed as to legalize or in any way sanction any vote of the people of Nemaha county, heretofore had, for the purpose of aiding in the construction of any railroad, nor anything done by the county commissioners of said county authorizing said vote, or anything done by them in consequence of such vote.

SEC. 9. [Taxes to pay principal.]—That after the year 1880 the officers of any county or city may levy and collect not exceeding 10 per centum of the principal of said bonds; Provided, Said bonds are not payable in installments not exceeding 10 per centum; and whenever any county, city, or precinct shall have on hand an amount exceeding two thousand dollars, for the payment of the principal of said indebtedness, the corporate authorities of such county or city shall advertise for the surrender of any such indebtedness; and the person offering to surrender such indebtedness on the lowest and best terms shall receive the money, and surrender such indebtness; and if at any time there shall have accumulated a sum exceeding ten thousand dollars, the same may be invested in Nebraska state stocks, or in United States stocks. [1870, § 3, 15.]

ndi

SEC. 10. [Refunding taxes.]—All taxes which have been paid to raise a sinking fund to pay the principal of such indebtedness, and now on hand, shall be returned to the person paying the same. [1870, § 4, 15.]

REFUNDING BONDS,

SEC. 11. [Outstanding bonds.]-That any county, precinct, or city in the state of Nebraska which has heretofore voted and issued bond or bonds to aid in the construction of any railroad or other work of internal improvement, and which bond or bonds, or any part thereof, still remain and are a legal liability against such county, precinct, or city, and bearing interest at a greater rate than seven (7) per centum per annum, is hereby authorized to issue coupon bond or bonds, bearing interest at a rate not exceeding seven (7) per centum per annum, to be substituted or exchanged for such bond or bonds heretofore issued, whenever such county, precinct, or city can effect such substitution, or exchange dollar for dollar; Provided, That no such refunding bonds shall be issued except after four (4) publications of notice thereof in at least two weekly papers published in the county, by the duly constituted authorities of such county, city, village, or precinct, which notice shall recite the date, number, and denomination of the bonds sought to be refunded, and also of the bonds sought to be issued. [Amended 1885, chap. 59.]

SEC. 12. [Form of new bonds.]-The new bond or bonds so issued shall have recited therein the object of its or their issue, the whole of the act under which the issue is made stating the issue to be in pursuance thereof, and shall also state the number, date, and amount of the bond or bonds for which it is or they are issued, and such

SEC. 11. "An act to amend sections 11, 12, and 13, of chapter 45 of the compiled statutes of 1881, entitled 'Internal improvements,' and to repeal said sections." Passed and took effect June 1 1885. In registration of bonds auditor and secretary of state have no right to review the action of their predecessor upon the original bonds. 14 Neb. 281. Cited 23 Neb. 803.

INTERNAL IMPROVEMENTS.

541

new bond or bonds shall not be delivered until the surrender of the bond or bonds so designated. [Id.]

SEC. 13. [No vote necessary.]-The new bond or bonds so issued shall not require a vote of the people to authorize such issue, shall be paid and the levy be made and tax collected for payment of same in accordance with the laws now governing the said bond or bonds heretofore issued. [Id.]

PRECINCT, TOWNSHIP, AND VILLAGE BONDS.

SEC. 14. [Election.]—Any precinct, township, or village (less than a city of the second class), organized according to law, is hereby authorized to issue bonds in aid of works of internal improvement. highways, bridges, railroads, court house, jails in any part of the county, and the drainage of swamp and wet lands, to an extent not exceeding ten per cent. of the assessed value of the taxable property at the last assessment within such township, precinct, or village, in the manner hereinafter directed, viz: First -A petition signed by not less than fifty freeholders of the precinct, township, or village shall be presented to the county commissioners, or board authorized by law to attend to the business of the county within which such precinct, township, or village is situated. Said petition shall set forth the nature of the work contemplated, the amount of the bonds sought to be voted, the rate of interest, which shall in no event exceed eight per cent. per annum, and the date when the principal and interest shall become due; and the said petitioners shall give bond, to be approved by the county commissioners, for the payment of the expenses of the election, in the event that the proposition shall fail to receive a two-thirds majority of the votes cast at the election. Second -Upon the reception of such petition the county commissioners shall give notice, and call an election in the precinct, township, or village, as the case may be. Said notice, call and election shall be governed by the law regulating the election for voting bonds by a county. [1885, chap. 58.]

SEC. 15. [Issuance of bonds.]-If two-thirds of the votes cast at such election shall be in favor of the proposition, the county commissioners or board shall, without delay, cause to be prepared and issue the bonds in accordance with the petition and notice of election; said bonds shall be signed by the chairman of the board or person authorized to sign county bonds, and attested by the clerk of the county, under the seal of the county. Said bonds shall state for what purpose issued; the amount, and when payable, interest and when payable, and the number of each bond. The county clerk shall enter upon the records of the board the petition, bond, notice, and call for the election, canvass of vote, the number, amount, and interest, and date at which each bond issued shall become payable; and the county clerk shall cause such bonds to be registered in the office of secretary of state and state auditor, as required by law.

SEC. 16. [Taxes.]-The county commisioners, or persons charged with levying the taxes for the county, shall each year, until the bonds voted under the authority of this act be paid, levy upon the taxable property in the precinct, township, or village a tax sufficient to pay the interest and five per cent. of the principal of bonds issued under this act; and at the tax levy preceding the maturity of any such bonds, levy an amount sufficient to pay the principal and interest due on said bonds.

SEC. 17. [Proceedings.]-All proceedings in relation to such election and the issuance of the bonds shall be in accordance with the provisions of this act.

SEC8. 14-17. "An act to authorize precincts, townships and villages to vote bonds to aid works of internal Improvement, highways, railroads, bridges, court houses, jails, and the drainage of swamp lands and to repeal section seven (7) of chapter forty-five (45) of the compiled statutes of Nebraska, entitled Internal Improvements.'" Passed and took effect March 6, 1885. An election called and held without the petition mentioned in sec. 14 is of no validity. 21 Neb. 192. Vote taken at election must provide for disposition of the amount of taxes to be levied to meet the liability incurred. 21 Neb. 602. See also 25 Neb. 713. Proposition is in nature of a contract. Bonds enjoined if proposition varied from. 47 N. W. R. 420. County, not agent of township, liable for expense of publish ing notice. 26 Neb. 132.

CHAPTER 46.-JAILS.

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 thefollowing 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.]

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.

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.

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.

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.

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. Fifth-The practice observed during the year, of whitewashing and cleaning the occupied 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. Ninth-All matters required by said rules, or in the discretion of such sheriff deemed proper. The said sheriff or other officer performing the duties of

NOTE.-Chap. XXIX, R. S. 242, chap. 36, G. S. 451.

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.

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 sheriff's of the state to the legislative assembly, on or before the first day of its session.

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, and regulations established by the district judge, relating to county jails and prison discipline, which shall then be in force.

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 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.

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 cell or apartments, frames and sacks for beds, night 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 deem 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.

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, shall receive for boarding such prisoners the sum of seventy-five 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 cus tody; 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 "risoners, which shall be paid him. quarterly, with the amount paid him for board, washing, fuel, lights, and clothing. Amended 1869, 171.]

SEC. 11. The amendment to this section made in 1873, G. S. 451, Held, Void. 8 Neb. 38. See decision based on amendment, as to compensation of sheriff for keeping prisoners. 5 Neb. 40. See sec. 5. ante p. 272, fees of sheriff for guarding prisoners, passed subsequent to this section.

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.

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 or misconduct of the jailer, as of other deputies.

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 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.