3434. Provided, Nothing in this act shall be construed to deny any old soldier or sailor, who is properly a subject to be admitted to the home, the privilege of paying his board or any part thereof if he so desires.

Amended 1891, p. 346.

II. PENAL INSTITUTIONS.

Secs. 3435 to 3448 formed ch. 29, R. S. 1866, p. 242, entitled "Jails."

3435. 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.

3436. [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.

3437. 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.

3438. 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.

3439. 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.

3440. 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 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.

3441. 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.

3442. 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.

3443. 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 enquire 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.

3444. 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.

3445. 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 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.

3446.. 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.

3447. 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.

3448. 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.

Secs. 3449 to 3482. "An act to provide for the erection of a penitentiary, and for the care and custody of state prisoners." 1870, p. 25. In force March 4.

3449. 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.

3450. 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.

3451. 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.

3452. 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.

3453. The warden shall attend constantly at the penitentiary, except when performing some other duty connected with his office; he shall exercise general

*Original act provided for a board of inspectors; but this has been superseded by the board of public lands and buildings. 7, 46. All sections relating exclusively to these inspectors are therefore omitted, as are also temporary provisions for the the erection of buildings, etc. This results in the omission of secs. 1-14, 16-23, 26-28, 30, 33-38, 68, 70, and 71.

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.

3454. 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.

3455. 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 intesest in the business or shops belonging to the penitentiary.

3456. 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.

3457. 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.

3458. 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.

3459. 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.

3460. 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.

3461. 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 sickness shall receive all necessary care and medical attendance.

3462. 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.

3463. 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 property and the proceedsthereof.

3464. 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.

3465. When there are cells sufficient, each prisoner shall be confined in a separate cell.

3466. 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. 3467. No person shall, without the consent of the warden, bring into or carry out any writing, or any information, to or from any convict.

3468. 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."

3469. 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.

3470. 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.

3471. 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.

3472. 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 traveling expenses in going and coming.

3473. No spirituous or fermented liquors shall be, under any pretense whatever, brought into or upon the premises of the prison, except by the direction of the prison physician.

3474. 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.

3475. 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.

3476. Whenever there is a vacancy in the office of warden, or the warden is