« SebelumnyaLanjutkan »
which the issue is made stating the issue to be in pursuance thereof, and shall also state the number, date and amount of the bond or bonds for which it is or they are issued, and such new bond or bonds shall not be delivered until the surrender of the bond or bonds so designated. [Id.]
SEC. 13. [No vote necessary.]-The new bond or bonds so issued shall not require a vote of the people to authorize such issue, shall be paid and the levy be made and tax collected for payment of same in accordance with the laws now governing the said bond or bonds heretofore issued. [Id.]
PRECINCT, TOWNSHIP AND VILLAGE BONDS.
SEC. 14. [Election.]-Any precinct, township, or village (less than a city of the second class), organized according to law, is hereby authorized to issue bonds in aid of works of internal improvement, highways, bridges, railroads, court house, jails in any part of the county, and the drainage of swamp and wet lands, to an extent not exceeding ten per cent of the assessed value of the taxable property at the last assessment within such township, precinct, or village, in the manner hereinafter directed, viz: First. A petition signed by not less than fifty freeholders of the precinct, township or village, shall be presented to the county commissioners, or board authorized by law to attend to the business of the county within which such precinct, township or village is situated Said petition shall set forth the nature of the work contemplated, the amount of the bonds sought to be voted, the rate of interest, which shall in no event exceed eight per cent per annum, and the date when the principal and interest shall become due; and the said petitioners shall give bond, to be approved by the county commissioners, for the payment of the expenses of the election, in the event that the proposition shall fail to receive a two-thirds majority of the votes cast at the election. Second. Upon the reception of such petition the county commissioners shall give notice, and call an election in the precinct, township or village, as the case may be. Said notice, call, and election shall be governed by the law regulating the election for voting bonds by a county. [1885, chap. 58.]
SEC. 15. [Issuance of bonds.]-If two-thirds of the votes cast at such election shall be in favor of the proposition, the county commissioners or board shall, without delay, cause to be prepared and issue the bonds in accordance with the petition and notice of election; said bonds shall be signed by the chairman of the board or person authorized to sign county bonds and attested by the clerk of the county, under the seal of the county. Said bonds shall state for what purpose issued; the amount, and when payable, interest and when payable, and the number of each bond. The county clerk shall enter upon the records of the board the petition, bond, notice, and call for the election, canvass of vote, the number, amount, and interest, and date at which each bond issued shall become payable; and the county clerk shall cause such bonds to be registered in the office of secretary of state and state auditor, as required by law.
SEC. 16. Taxes.-The county commissioners, or persons charged with levying the taxes for the county, shall each year until the bonds voted under the authority of this act be paid, levy upon the taxable property in the precinct, township, or village. a tax sufficient to pay the interest and five per cent. of the principal of bonds issued under this act; and at the tax levy preceding the maturity of any such bonds, levy an amount sufficient to pay the principal and interest due on said bonds.
SEC. 17. [Proceedings.]—All proceedings in relation to such election and the issuance of the bonds shall be in accordance with the provisions of this act.
SECTION 1. [Rules for government.]—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 inidiots 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. [R. S. 242. G. S. 451.]
SEC. 2. 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.
SEC. 3. [Posting rules.]—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.
SEC. 4. [Revising rules.]-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.
SEC. 5. [Sheriff in charge.]-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.
SEC. 6. [Register.]—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.
NOTE.-Chap. XXIX, R. S 242, Chap. 36, G. S. 451.
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.
SEC. 7. [Sheriff's report.]-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.
SEC. 8. [Charge to grand jury.]—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.
SEC. 9. [Examination by grand jury.]—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 inquire 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.
SEC. 10. [Furniture Physician.]—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.
SEC. 11. [Jailer-Compensation.]—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, or 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;
SEC. 11. The amendment to this section made in 1873, G. S. 454, held void. 8 Neb. 38. See decision based on amendment, as to compensation of sheriff for keepnig prisoners. 5 Neb. 40. See sec. 5, ante p. 275, fees of sheriff for guarding prisoners, passed subsequent to this section.
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. [Amended 1869, 171.]
SEC. 12. [Visits by sheriff.]-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.
SEC. 13. [Jailer.]-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.
SEC. 14. [Violation of act-Penalty.]-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.
CHAPTER 47.-JOURNALS AND LAWS.
SECTION 1. [Distribution.]-The secretary of state is hereby authorized to distribute the laws and journals of the state, as hereinafter prescribed.
SEC. 2. [Requisition by county clerk.]-The county clerk of each organized county shall make a requisition upon the secretary of state for sixty copies (or as many less than that amount as he shall find necessary for the county) of the laws, and fourteen copies of the journals of each branch of the legislative assembly, for the use of the county of which he is clerk; and he shall name the conveyance or means of transportation, and shall also specify to whom they shall be directed, and to whose care, and upon the receipt of such requisition the secretary shall at once forward the required number of laws and journals as specified in the requisition of such county clerk, and the county clerk shall receipt for the same to the secretary, which receipt shall be filed in the office of the secretary of state.
SEC. 3. [Distribution by county clerk.]-The county clerk shall distribute one copy of the laws to each of the officers of the county, as follows: The probate or county judge; each member of the board of county commissioners; the sheriff; the county treasurer; the county surveyor; the prosecuting attorney; each notary public; each justice of the peace; each constable; each road supervisor; and each precinct assessor, in said county. He shall also reserve one for himself, and give two copies each of the laws and journals to every councilman and representative who was a member of the legislative assembly by which the laws were enacted.
SEC. 4. [Preservation.]-Each officer shall deliver up to his successor in office, all statutes which shall have come into his possession under the provisions of this chapter, as soon after his successor shall have qualified as such successor or the county clerk may require.
SEC. 5. [Sale by county clerk.]-After the above distribution, the copies remaining in the hands of the county clerk shall be sold at public auction (ten days notice having been given in three public places in each county) to the highest bidder, no person, however, to purchase more than two copies; and the proceeds of such sale shall go, first, to defray the cost of transportation from the
NOTE.-Chap. XXX, R. S. 247. Chap. 37, G. S. 455.
secretary of state to the county clerk, and the remainder, if any shall exist, shall be paid over to the state librarian, and to be by him held subject to the order of the legislative assembly.
SEC. 6. [Sale by secretary of state-Library.]-After having so distributed the laws and journals of each legislative assembly, the secretary is authorized to sell copies of the laws at a price at least equal to cost, and the amount so received shall be applied to the library fund of the state. The secretary of state shall deliver all copies of the laws and journals yet in his possession to the state librarian, who shall officially receipt therefor.
SEC. 7. [Distribution by librarian.]-The librarian shall, upon the order of either of the judges of the supreme court, issue one copy each to the district attorney, United States marshal, each register and receiver of all United States land offices in the state, each United States commissioner residing in the state, and such other officers as the judges in their discretion may direct; Provided, always, That the librarian shall permit no person to take away a copy or copies of the laws and journals, without taking a receipt therefor.
SEC. 8. [Same-Legislature.]-The members of each succeeding legislative assembly shall be furnished by the state librarian, at the commencement of each session for which they are elected, with one copy each of the laws and journals of the preceding session.
SECTION 1. [Certificate of members.]-The clerks of each house shall file the certificates presented by members, each for his own house, and make a roll of the members who thus appear to be elected, and the persons thus appearing to be elected members shall proceed to elect such other officers as may be required for the time being. [R. S. § 3. G. S. § 3.]
SEC. 2. Joint committee on credentials.]-When the houses are temporarily organized they shall elect a committee of five on the part of the house and three on the part of the senate, by ballot, which committee shall examine and report upon the credentials of those claiming to be elected members of their respective houses, and when such report is made, those reported as elected shall proceed to the permanent organization of their respective houses, and each house shall be the sole judge of the election returns and qualifications of its own members. [Id. § 4.]
SEC. 3. [Oaths.]-Any member may administer oaths in the house of which he is a member, and while acting on a committee may administer oaths on the business of such committee. [Id. § 5.]
SEC. 4. [Not liable for words spoken in debate.]-No member of the legislative assembly shall be questioned in any other place for any speech or words spoken in debate in either house. [Id. § 6.]
SEC. 5. [Contempts.]-Each house of the legislative assembly has power and authority to punish as a contempt, by fine or imprisonment, or either of them, the offense of knowingly arresting a member in violation of his privilege; of assaulting or threatening to assault a member, or threatening to do him any harm, in person or property, for anything said or done in either house, as a member thereof; of attempting, by menace or other corrupt means, to control or influence a member in giving his vote, or to prevent his giving it; of disorderly or contemptuous conduct, tending to disturb its proceedings; of refusing to attend, or to be sworn, or to be examined as a witness before either house or a committee, when duly summoned; of assaulting or preventing any person going to either house, or its committee, by order thereof, knowing the same; of rescuing or attempting to res
NOTE.-Chap. XXXI, R. S. 249. Chap. 38, G. S. 457. Secs. 1 and 2 of original chapter, abrogated by sec. 7, art. III, Const. are omitted.