CHAPTER 85.-STATE LIBRARY.

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

SEC. 2. [Divisions-Librarians.]--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.

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

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 library under their direction, as they may elect proper, and may prescribe penalties for any violationsthereof, which shall be collected in the same manner as for non-return or injury of any books.

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 the 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.

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.

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, by 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.

SEC. 8. [Librarian's report to governor.]—The 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 returned, if any, and the amount received in compensation therefor, and such suggestions and further information as may be deemed by him desirable.

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

CHAP. 85. "An act regulating the State Library." Laws 1871, p. 52.

shall be annually expended in the purchase of additional books, under the direction of the board of directors.

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.

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.

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.

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 every book so taken.

for

SEC. 14. [Distribution of publications to other states.]—The librarian of the law division of the state library is hereby authorized and required to send one copy each of all 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 libraries. [1871. § 1, 55.]

CHAPTER 86.-STATE PENITENTIARY.

SECTION 1. [Officers.]-The officers of the penitentiary shall consist of one warden, who shall be the principal keeper of the penitentiary and clerk of the board of inspectors; one deputy warden, who shall be chief turnkey, and both of whom shall reside at the prison; one physician, and one chaplain, and such number of assistant keepers and guards as the warden and inspectors shall deem requisite. [1871, § 15, 29.]

SEC. 2. [Warden.]-The warden shall be appointed 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. [Id. § 16.]

SEC. 3. [Other officers-Appointment.]—The chaplain and physician shall be appointed by the board of inspectors, and shall hold their respective offices during the pleasure of the board; the deputy warden, and assistant keepers and guards shall be appointed by the warden, with the assent of the inspectors, and shall hold their office during the pleasure of the warden. [Id. § 17.]

SEC. 4. [General oversight by board-Reports.]-The inspectors, from time to time shall inquire into and examine all matters connected with the government, discipline, and police of the penitentiary, the punishment and employment of the prisoners confined therein, and they may, from time to time, require reports from the warden in relation to any and all of said matters. [Id. § 18.]

SEC. 5. [Same.]-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. [Id. § 19.]

SEC. 6. [Same-Examine witnesses.]-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. [Id. § 20.]

SEC. 7. [Inspection by board.]-The warden and other officers of the penitentiary, at all times shall admit the inspectors, or either of them, into every part of said penitentiary, exhibit to them, or either of 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. [Id. § 21.]

SEC. 8. [Officers furnished copy of rules.]-A printed copy of the rules and regulations of the penitentiary shall be furnished to every officer and guard of said penitentiary, at the time he is appointed and sworn. [Id. § 24.]

SEC. 9. [Warden's daily journal.]—The warden or deputy 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. [Id. § 25.]

CHAP. 86. "An act to provide for the erection of a penitentiary and for the care and custody of state convicts." Laws 1870, 25. Took effect March 4, 1870. All the provisions of the original act providing for the erection of building, sale of lands granted by U. S., duties of original inspectors, and subsequent acts relating to taxes, are omitted. Duties of inspectors now devolve on board of public lands and buildings.

SEC. 3. The power of appointment and removal under Const. 1875 vests in the governor. 7 Neb. 44.

SEC. 10. [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 other 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. [Id. § 26.]

SEC. 11. [Prison library.]—They shall appropriate annually, out of the fees received from visitors, or from other funds of the penitentiary, a sum not less than twentyfive dollars, to be expended in the purchase of books or periodicals for the use of the prison library. [Id. § 28.]

SEC. 12. [Salaries of officers.]-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; to the deputy warden, the sum of nine hundred dollars; to the inspectors, the sum of five dollars per day for each day actually and necessarily employed in the discharge of their duty; to the chaplain, and physician, and assistant keepers, and guards, such sums as the board of inspectors deem proper and just. [Id. § 29.]

SEC. 13. [Warden-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 directions to the keepers and guards, examine whether they have been vigilant in the discharge of their respective duties, examine daily into the health of the prisoners, and take charge of the real and personal estate belonging to or connected with the penitentiary. [Id. § 31.]

SEC. 14. [Same-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 hereby 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 this state, on account of said penitentiary. [Id. § 32.]

SEC. 15. [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. [Id. § 38.]

SEC. 16. [Warden-Accounts 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 of all moneys paid by him, and the person to whom, and the purpose 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 and to whom made, and on what account, and the balance remaining in his hands at the time of rendering of said account. [Id. $ 39.]

SEC. 17. [Same.]--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 of all moneys expended by him on account of the penitentiary, with sufficient vouchers therefor, which account shall be duly verified by the warden [Id. § 40.]

SEC. 18. [Report of transactions,]-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

SEC. 12. Cited 15 Neb. 459.

penitentiary during the year preceding, stating the number of convicts confined therein, and all other matters relating to the same, and the management thereof. [Id. § 41.]

SEC. 19. [Report of convicts pardoned.]-He shall report to the secretary of state on the first Monday of December in each year, the names of all the convicts pardoned the preceding year, the county in which they were tried, and the term for which they were sentenced. [Id. § 42.]

SEC. 20. [Discipline.]-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 any workshop, or to any appurtenances thereof, or disobeys and resists any reasonable command of any officer or guard, such officers and guards shall use all reasonable means to defend themselves, and to enforce the observance of discipline. [Id. § 43.]

SEC. 21. [Same-Resisting authority.]—If any convict resists the authority of any officer, keeper, or guard of the penitentiary, or refuses to obey any lawful command, such officer, keeper, or guard shall immediately enforce obedience by the use of such weapons or other aid as may be necessary for the purpose, and if in so doing any convict thus resisting shall be necessarily wounded or killed by such officer or his assistants, such officers or assistants are justified and shall be held guiltless. [Id. § 44.]

SEC. 22. [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 sick shall receive all necessary care and medical attendance. [Id. § 45.]

SEC. 23. [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. [Id. § 46.]

SEC. 24. [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 such propperty and the proceeds thereof. [Id. § 47.]

SEC. 25. [Discharged convicts Clothing, 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. [Id. § 42.]

SEC. 26. [Separate cells.]-When there are cells sufficient, each prisoner shall be confined in a separate cell. [Id. § 49.]

SEC. 27. [Clothing-Food.]-The clothing and bedding for the convicts shall be of coarse material, and they shall be supplied with a sufficient quantity of substantial and wholesome food. [Id. § 50.]

SEC. 28. [Information to and from convicts.]-No person shall, without the consent of the warden, bring into or carry out any writing, or any information, to or from any convict. [Id. § 51.]

SEC. 29. [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. [Id. § 52.]

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