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tary of state on the first Monday of December in each year, the names of all the 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 property 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 or 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.]
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.]
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 traveling 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 direction 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 conviets, 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 warden 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. [Iď. § 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 peniten
tiary 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 penitertiary 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, executed the 22d day of September, 1877, be and the same is hereby extended for the period of six years from the first day of October, 1883; Provided, The said Stout shall build and erect in a good and substantial manner, at his own expense, for the use of the state, and turn the same over to the state, free of charge, October 1, 1886, two hundred and forty stone cells, eighty of which cells shall be completed within nine months from the time this act shall take effect, and the remainder of said two hundred and forty cells shall be completed by the first day of October, 1883; all of said cells to be built of good natural stone, and similar to and equal in quality to those now in use in said penitentiary; And, provided, The said Stout shall only receive forty-five cents in cash, or its equivalent, per day, for each convict for the first three years, of said extended lease, viz: from the first day of October, 1883, to the first day of October, 1886, and forty cents per day for each convict, in cash or its equivalent, for the second three years of said extended lease, viz: from October 1st, 1886, to October 1st, 1889; And, provided, That after the first day of January, 1880, there shall be provided for each and every Nebraska prisoner one cell; And, provided further, That after January 1st, 1884, there shall only be kept at said penitentiary Nebraska prisoners. [1879 § 1, 166.]
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.]
SECS. 45-6. "An act to require the warden of the penitentiary to make a detailed monthly report to the inspectors." G. S. 1046. Took effect April 1, 1873.
SEC. 47. "An act to authorize the lessee of the state penitentiary and grounds to receive and retain the custody of prisoners sentenced to confinement by the courts of the United States, and of the territories of the United States. Laws 1879, 169. Took effect June 1, 1879.
SEC. 48. "An act extending the contract for the leasing of the penitentiary, penitentiary grounds, and convict labor to W. H. B. Stout, upon certain conditions." Laws 1879, 166. Took effect June 1, 1879.
*NOTE.-"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 original act were repealed 1877, 59, and are omitted.
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 legisture. [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 proot 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 1377, 57.j
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.]
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 ccllege 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
SEC. 3. The regents may sue and be sued in matters over which express authority is given the corpora tion; but cannot maintair ar action to recover funds belonging to the university. 5 Neb. 428.
SEC. 5. See sec. 23, passed subsequent to this section, page 611.
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 apon 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 superintenent of common schools, that he has passed honorably through the course of study prescribed in a 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, or, being non-residents, who pay, or whose parents or guardians pay not less than thirty dollars annually of school taxes to the state, and who shall fill the requirements of the preceding section, may be admitted to any organized college of the university, and shall not be required to pay any other tuition fee than the matriculation fee during the term of four years. All other students, 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. [Id. § 16.]
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.]
SEC. 18. [Regents' report.]-The board of regents shall, at least ten days prior to the meeting of each regular session of the legislature, transmit to the governor, to accompany his message, a printed report of all their doings since their last report, giving in detail all receipts and expenditures of money, and furnishing an estimate for future income and expenses, a catalogue of professors, officers and students for the year, with such other information and recommendations, as will apprise the legislature fully of the conditions and wants of the university. Id. § 20. Amended 1877, 57.]
SEC. 19. [Funds.]—The funds of the university shall be two, to wit: The endowment fund and the regents fund. The endowment fund shall be kept by