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ka, against any person or persons charged with crime or misdemeanors committed within said state, may be executed therein, in the same way and manner as if such consent had not been given or jurisdiction ceded, except so far as such process may affect the real and personal property of the United States. [Id. § 3.] SEC. 8. Jurisdiction-Exemption.]-The jurisdiction hereby ceded shall not vest until the United States shall have acquired the title to said lands by purchase or grant; and so long as the said lands shall remain the property of the United States, when acquired as aforesaid, and no longer, the same shall be and continue exonerated and exempt from all taxes, assessments, and other charges which may be levied or imposed under the authority of the laws of this state. [Id. § 4.]
SEC. 9. [Injuries to property.]-It is further enacted that any malicious, wilful, reckless, or voluntary injury to or mutilation of the grounds, buildings, or appurtenances shall subject the offender to a fine of not less than twenty dollars nor more than one hundred dollars, to which may be added for an aggravated offense imprisonment not exceeding six months in the county jail, to be prosecuted as other criminal cases are prosecuted before any court of competent jusisdiction. [Id. § 5.]
CHAPTER 84.-STATE CEMETERY.
SECTION 1, [Lands set apart.]—That eighty acres of land belonging to the state of Nebraska, to be selected as hereinafter provided, be and the same are hereby set apart for the uses and purposes of a state cemetery at or near Lincoln, the capital of the state. [1869, 250. ↑ G. S. 1026.]
SEC. 2. [Trustees-Election.]-That at the election for city officers of said city of Lincoln, occurring next after the passage of this act, the qualified voters of said city shall elect three trustees, to be known as "trustees of the state cemetery," one of whom shall hold his office for one year, one for two years, and one for three years, the term of service of each respectively to be decided by lot, so that one of said trustees shall be elected annually by the qualified voters aforesaid, at each annual election for city officers of said city thereafter occurring. Said trustees shall be a body corporate, with power to sue and be sued, contract and be contracted with, and acquire, and hold, or convey property, real or personal, for all purposes consistent with the provisions of this act.
SEC. 3. [Site-Selection.]-That within sixty days from the passage of this act, said trustees shall select, subject to the approval of the governor, a site for said cemetery, not more than three miles distant from the state capitol building, which said site, when so selected as aforesaid, shall be conveyed by the governor to said trustees, to be held, used, and controlled by them for the benefit of the state, and for the uses and purposes herein set forth.
SEC. 4. [Survey-Divisions-Sale of lots.]-Said trustees shall cause the said lands to be laid off and platted by a competent surveyor, to be then selected, and shall set apart, in suitable subdivisions, not less than fifty acres of said cemetery, to be devoted as burial places for the inmates of the various benevolent, or other public institutions of the state, which are, or may hereafter be located at Lincoln. The residue of said cemetery, not exceeding thirty acres, shall be set apart as a burial ground for the uses and purposes of the citizens of Lincoln, and shall be subdivided and platted by said trustees, and sold, in lots of suitable size, and upon such terms and at such prices as said trustees may prescribe, to citizens of Lincoln, the proceeds of such lots to be devoted, under the direction of said trustees, to the improvement and ornamentation of the grounds, and for such other purposes, consistent with the provisions of this act, as they may determine.
SEC. 5. [Land sold-Proceeds.]-That eighty acres of land belonging to the state, in addition to the cemetery site, herein provided for, to be selected by the governor, shall be sold at public or private sale, as the governor may determine, the proceeds of said sale to be by the governor paid over to said trustees, to be by them expended in suitably enclosing and ornamenting with forest trees, evergreens, and shrubbery, the cemetery grounds aforesaid.
SEC. 6. [Sexton.]-The said trustees shall have power to employ a sexton to take charge of said cemetery, and keep the same in good order and repair, and superintend the setting out of trees, and the care of the same, and perform such other duties as said trustees shall prescribe, and they shall pay to said sexton Euch salary, out of the proceeds of the sale of the lots or lands herein provided for, as they shall deem just and reasonable.
SEC. 7. [Trustees-Powers.j-Said trustees shall have power to prescribe all needful rules and regulations for the government of said cemetery grounds, and for the burial of the dead from the various public institutions of the state, in the subdivisions set apart by them for that purpose, and to do and perform such other duties, consistent with the objects herein contemplated, as they shall deem necessary for the good government of the same.
CHAPTER 84 a.-STATE HISTORICAL SOCIETY.
SECTION 1. [Organization.]—That the "Nebraska State Historical Society," an organization now in existence-Robt. W. Furnas, president; James M. Woolworth and Elmer S. Dundy, vice presidents; Samuel Aughey, secretary, and W. W. Wilson, treasurer, their associates and successors-be, and the same is hereby recognized as a state institution. [1883, chap. XCV.]
SEC. 2. [Reports.]-That it shall be the duty of the president and secretary of said institution to make annually reports to the governor, as required by other state institutions. Said report to embrace the transactions and expenditures of the organization, together with all historical addresses, which have been or may hereafter be read before the society or furnished it as historical matter, or data of the state or adjacent western regions of country.
SEC. 3. [Same.]-That said reports, addresses, and papers shall be published at the expense of the state, and distributed as other similar official reports, a reasonable number, to be decided by the state and society, to be furnished said society for its use and distribution.
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, 12.]
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 ander their direction, as they may elect proper, and may prescribe penalties for
any violations thereof, 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 ary 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, 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. 18. [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 for every book so taken.
SEG. 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 by 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.J
SEC. 4. [General oversight by board-Reports.]-Th 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 tim 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 office 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 absense, by any other inspector. [Id. § 20.1
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 memorandom of every complaint made by any convict of cruel or unjust treatment by any officer of the penitentiary, or a want of pro per 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. § 25.1
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 preced
NOTE.-"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 tax98, are omitted. Duties of inspectors now devolves 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.
ing, 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 twenty-five 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.] [15 Neb. 459.]
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 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 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 secre