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SEC. 30. [Copy of convict's sentence.]-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. [Id. § 53.]

SEC. 31. [Escapes-Reward.]-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. [Id $ 54.1

SEC. 32. [Same-Payment.]—All suitable rewards and other sums of money paid for advertising any convict, shall be approved by the board of inspectors, and paid out of the state treasury. [Id. § 55.]

SEC. 33. [Conveying prisoners-Fees.]-The expenses and legal fees of sheriffs and other officers, incurred in conveying convicts to the penitentiary, shall be approved by the auditor of state, and paid out of the state treasury; said auditor may allow for said expenses and fees, the following rates: for sheriff, three dollars per day; for each assistant or guard absolutely necessary, two dollars per day, and ten cents per mile for travelling expenses in going and coming. [Id: § 56.]

SEC. 34. [Liquors.]-No spirituous or fermented liquors shall be, under any pretense whatever, brought into or upon the premises of the prison, except by the direc tion of the prison physician. [Id. § 57.]

SEC. 35. [Expenses, how paid.]—The auditor of state is authorized and required to draw his warrant on the state treasury for such sums as the inspectors may from time to time direct, for defraying the proper and necessary expenses of the prison. [Id. § 58.]

SEC. 36. [Visitors-Rules.]—It shall be lawful for the inspectors to establish uniform rules and fees for the admission of visitors within the prison. [Id. § 59.]

SEC. 37. [Officers exempt as military and jurors.]-The warden, deputy warden, inspectors, physician, assistant keepers, and guards shall be exempt from military and jury duties while actually employed by the state as such officers. [Id. § 60.]

SEC. 38. [Absence of warden.]-Whenever there is a vacancy in the office of warden, or the warden is temporarily absent, all the duties of warden shall devolve upon and be performed by the deputy warden until the vacancy is filled or the warden returns. [Id. § 62.]

SEC. 39. [Physician-Duties.]-The physician shall keep a register 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. [Id. § 63.]

SEC. 40. [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. [Id. § 64.]

SEC. 41. [Warden-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. [Id. $ 65.]

SEC. 42. [Warden's quarters.]-The wanden is entitled to the use of the house built for him, and the necessary fuel and light for the same, to be supplied from the common stock of the prison, free of charge. [Id. § 66.]

SEC. 43. [Lease-Prisoners constantly employed.]-Every lease

made of any or all the prison shops and fixtures shall contain a provision for the constant employment of all convicts in the penitentiary during the continuance of such lease. [Id. § 67.]

SEC. 44. [Official vacancies-Appointment.]-In all cases of vacancy in any office of the penitentiary, the governor shall fill the vacancy by appointment. [Id. § 69.]

SEC. 45. [Warden-Monthly report.]-That the warden of the penitentiary be, and he is hereby directed and required to make, on the first Wednesday of each month, a complete detailed report to the 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 pardoned 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 of prisoners under contract, to whom contracted and for what price. [G. S. § 81, 1046.]

SEC. 46. [Same.]-The warden shall also, at the same time, make a detailed statement of all receipts, showing the source from which the same was derived, and of 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 upon the treasurer for the same. [Id. § 82.]

SEC. 47. [Foreign convicts.]-That the lessee of the state penitentiary and convict labor of this state be and hereby is authorized to retain in custody in the penitentiary and grounds under the discipline and government of the officers of said penitentiary, until October 1st, 1889, persons heretofore convicted of crimes and sentenced to confinement by the courts of the United States and of any of the territories of the United States, and heretofore received into said penitentiary; Provided, That the retention and custody of such convicts shall not interfere in any manner with the comfort or safe keeping of any person sentenced to confinement in said penitentiary by the courts of this state; Provided further, That no such prisoners other than those already therein incarcerated shall be received into said penitentiary after the passage of this act, nor shall the state of Nebraska be liable in any manner on account of the retaining of any such prisoners. [Amended 1883, chap. LXXIX.]

SEC. 48. [Lease extended-Conditions.]-That the contract leasing to W. H. B. Stout the penitentiary, penitentiary grounds, and convict labor of the state of Nebraska, executed on the 22nd day of September, 1877, and which has been by said Stout assigned and transferred to C. W. Mosher, be and the same is hereby extended for the period of ten years from the first day of October, 1889, to said C. W. Mosher, subject to all the conditions and provisions contained in said original contract; Provided, That said Mosher shall receive forty (40) cents per day in cash for each convict in full for his compensation under said contract; Provided further, That upon the taking effect of this act, the said Mosher shall enter into a bond with the state of Nebraska in the penal sum of one hundred thousand dollars, with good and sufficient sureties, conditioned for the faithful performance of said contract, and upon the execution and delivery of said bond and the approval of said sureties the board of public lands and buildings shall endorse upon said original contract a statement that the same has been extended to said Mosher for the period of ten years from the first day of October, 1889, according to the provisions of this act; Provided, That under this extension of said contract the convicts shall not, nor shall any of them be employed in the manufacture of cigars, brick, or the cutting of stone, except such brick and stone as may be required in making repairs or

SEC. 48. "An act to extend the contract for the leasing of the penitentiary, penitentiary grounds, and convict labor to C. W. Mosher, assignee of W. B. Stout." Took effect July 1, 1887.

improvements at the penitentiary, and in the erection of buildings and walls for the confinement of convicts, and for the use of officers and guards, nor shall any of said convicts be employed upon any public buildings, except buildings for penitentiary purposes; Providing, however, That the provisions of this act shall in no wise impair or invalidate any contract now existing. [1887, chap. 86.]

CHAPTER 87.-STATE UNIVERSITY.

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.]

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.

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.]

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.]

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 defense. [1869, § 6, 172.]

SEC. 6. [Colleges.]-The university may embrace five departments, to-wit: 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. [Id. § 7. Amended 1877, 56.]

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.]

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.]

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.]

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

SEC. 3. The regents may sue and be sued in matters over which express authority is given the corporation; 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.

SEC. 10. [Tutors.]-The regents shall, when the number of students in any particular branch 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.]

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.]

SEC. 12. [Degrees-Diplomas.]-The board of regents shall have exclusive authority to confer 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.]

SEC. 13. [Admission of pupils-Fees-Library fund.]—The 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, precedent to admission, shall be prescribed by the board of regents, 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 the high school, under the common school laws of the state, may be admitted without further examination. [Id. § 15. Amended 1873, G. S. 1053.]

SEC. 14. [Tuition, when free.]—All persons residing within the state, and who shall fill the requirements of the preceding section, may be admitted to any organized college of the university, and students entering the college of literature, science, and art, or the industrial college shall not be required to pay any other tuition fee than the matriculation fee during the term of four years. All other students in these colleges and all who elect to remain under instruction for a longer term than four years shall be required to pay such fees as the board of regents may determine. Students may be admitted to the colleges of law, medicine, and finearts upon such terms and be required to pay such tuition and fees as the board of regents may determine. Persons not residents of this state may be admitted to the privileges of the university in any college or department thereof, if otherwise qualified, upon such terms as to the payment of tuition and other fees in addition to a matriculation fee, as the board of regents may prescribe. [Id. § 16. Amended 1891, chap. 51.]

SEC. 15. [Text books-Aid to students.]-The regents shall procure all text books to be used in the university, and shall furnish them to students at cost. The regents may, upon proper evidence of the good character of any student, and his or her ambition to acquire an education and inability to provide his or her own means therefor, donate to such student all text books he or she may need, and, by a two-thirds vote, may appropriate money to pay other expenses for such student; Provided, Such student will render an immediate equivalent in personal service for such appropriation, or give a sufficient obligation that he or she will reimburse the regents within five years. [Id. § 17.]

SEC. 16. [Students-No distinctions.]-No person shall, because of age, sex, color, or nationality, be deprived of the privileges of this institution. Provisions shall be made for the education of females apart from male students, in separate apartments or buildings; Provided, That persons of different sexes, of the same proficiency of study, may attend the regular college lectures together. [Id. § 18.]

SEC. 17. [Scientific courses-Attendance.]-The regents shall provide a rule for attendance upon the agricultural college and civil engineering and scientific courses, by persons whose employments are such as to allow of their pursuit of study. only a portion of the year. [Id. § 19.]

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