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.

JOURNALS AND LAWS.

CH. 47

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. 8. 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.

CHAPTER 48.-LEGISLATURE.

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. § 3.1

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.

cue any person arrested by order of either house, knowing such arrest; and of knowingly injuring any officer of either house in the discharge of his duties as such. [Id. § 7.]

SEC. 6. [Imprisonment.-Imprisonment for contempt of either house, shall not be for more than six hours, and shall be in the jail of the county in which the legislative assembly may then be sitting, or if there be no jail, then in one of the nearest county jails. [Id. § 8.]

SEC. 7. [Fine. Should a fine be imposed for any offense mentioned in section seven, it shall not exceed fifty dollars. [Id. § 9.]

SEC. 8. [Same-Warrant of commitment.]-Fines and imprisonment shall be only by virtue of an order of the proper house, entered on its journals, stating the grounds therefor. Imprisonment shall be effected by a warrant, under the hand of the presiding officer, for the time being, of the house ordering it, countersigned by the clerk of the house, running in the name of the state and directed to the sheriff of the proper county; and under such warrant, the officer of the house, sheriff and jailer will be authorized to arrest and detain the person. [Id. § 10.]

SEC. 9. [Same-Collection.]-Fines shall be collected by virtue of a similar warrant, directed to any proper officer of the county in which the offender has property, and executed in the same manner as executions for fines issued by courts of justice, and the proceeds shall be paid into the state treasury. [Id. § 11.] SEC. 10. [Punishment no bar.]-Punishment for contempt, as in this chapter provided, is no bar to any other proceeding, civil or criminal, for the same offense. [Íd. § 12.]

SEC. 11. [Officers and employes of senate.]-That the officers and employes of the senate shall consist of a president, secretary, assistant secretary, sergeant-at-arms, door-keeper, enrolling clerk, engrossing clerk, chaplain, and such other officers and employes as may be deemed necessary for the proper transaction of business, such other officers or employes to be elected or appointed by resolution of the senate. [Amended 1885, chap. 61.]

SEC. 12. [Officers and employes of house.]-The officers and employes of the house of representatives shall consist of a speaker, chief clerk, assistant clerk, sergeant-at-arms, door-keeper, enrolling clerk, engrossing clerk, chaplain, and such other officers and employes as may be deemed necessary for the proper transaction of business, such other officers or employes to be elected or appointed by resolution of the house of representatives. [Id.]

SEC. 13. [Officers' per diem.]-There shall be paid to each of the several officers and employees named in this act, for the official services rendered by them under the provisions of this act, the following sums, and no more: The president of the senate and speaker of the house of representatives, shall each be entitled to receive the sum of three dollars per day; the secretary and chief clerk, the sum of four dollars per day; the assistant clerks, the sum of four dollars per day; the sergeant-at-arms, the sum of three dollars per day; the door-keeper, the sum of three dollars per day; the chaplains, the sum of three dollars per day; and the pages the sum of one dollar and fifty cents per day; enrolling and engrossing clerks three dollars per day. [Id. § 3.]

SEC. 14. [Officers' duties.]-It shall be the duty of the president of the senate, and speaker of the house of representatives to preside over their respective houses, to keep and maintain order during the sessions thereof, and to do and perform the duties devolving on them by general parliamentary usage, and the rules adopted by the two houses. It shall be the duty of the chief clerk of the house of representatives, and the secretary of the senate, to attend the sessions of the respective houses, to call the rolls, read the journals, bills, memorials, resolutions, petitions, and all other papers or documents necessary to be read in either house, to keep a correct journal of the proceedings in each house, and to do and perform such other duties as may be imposed upon them by the two

houses, or either of them. The assistant clerk and assistant secretary shall be under the control and direction of the chief clerk and secretary respectively, and shall assist them in the proper discharge of their duties, and shall do and perform such other services as may be directed by the two houses, or either of them. It shall be the duty of the sergeants-at-arms to enforce the attendance of absent members, when directed properly so to do, to arrest all members or other persons, when lawfully authorized so to do, to keep and preserve order during the session of each house, to convey to the postoffice the mail matter sent by the respective members, and to receive from the said office the mail matter for the said members, and to deliver the same to them on each morning of the session; to obey and enforce the orders of the presiding officers, and to do and perform such other duties as may be enjoined on them by law, and the respective houses. It shall be the duty of the door-keepers, to prepare, and keep in order, the senate chamber and hall of the house, including cleaning and warming the same; to attend to and keep closed the door and bar of the respective houses, unless otherwise directed by the presiding officers thereof; and to do and perform such other duties as may be enjoined on them by either house. It shall be the duty of the engrossing clerk to correctly engross such bills as may be required to be engrossed by the committee on engrossed and enrolled bills, and to perform such other duties as may be required by either house. It shall be the duty of the enrolling clerk to correctly and neatly enroll all such bills as may be placed in his hands therefor, and to perform such other duties as may be enjoined on him by either house. It shall be the duty of the chaplains to open the sessions of each house with prayer, and to perform such other duties as may be imposed on them. And it shall be the duty of the pages to act under and as directed by the presiding officers of the respective houses. It shall also be the duty of the sergeant-at-arms to procure a national flag, and to place the same on the top of the capitol building, there to be kept during the time each or either of the two houses shall be in session, and after the adjournment of the two houses, the said flag shall be taken down and kept down until the opening of the session of one of the two houses. [Id. § 4.]

SEC. 15. [Proposals for printing.]—The auditing board for state printing consisting of the secretary of state, auditor of public accounts, and state treasurer, shall within thirty days after the adjournment of each session of the legislature receive proposals from the daily newspapers of the state, for one publication in said paper of a statement to be prepared by the auditor of public accounts as hereinafter provided. [1877 § 1, 157.]

SEC. 16. [Contract.]-The said board of audit shall award the contract to one of the three daily papers having the largest daily circulation in the state, the same to be ascertained by the affidavit of the publishers thereof, and from such other reliable information as said board may be able to obtain. [Id. § 2.]

SEC. 17. [Auditor to prepare statements.]-After said award has been made as aforesaid, the auditor of public accounts shall prepare or cause to be prepared, a certified statement of all appropriations whatever made by the last session of the legislature, and also a full statement of the expenses of said legislative session, specifying the amount of each item, and to whom and for what paid. [Id. § 3.]

SEC. 18. [Expenses.]-The expenses incurred by virtue of the provisions of this act, shall be audited and paid in the manner now provided by law for the payment of other state printing. Id. § 4.]

CHAPTER 49.-LIBRARIES.*

SECTION 1. [Establishment-Taxes.]-The city or town council of each incorporated city or town shall have power to establish and maintain a public

SECS. 15-18. "An act to provide for preparing and publishing a full statement of moneys expended at each session of the legislature." Laws 1877, 157. Took effect June 1, 1877.

NOTE.-"A bill for an act to authorize towns and cities to establish and maintain free public libraries and reading rooms." Laws 1877, 150. Took effect June 1, 1877.