cution within its walls, no inclosure need be prepared as is provided in the preceding section, but such execution shall take place within the walls of the jail.

SEC. 549. [Same.]-Whenever the sentence of death shall be about to be carried into execution in any county of this state, which may at the time have no jail, it shall be the duty of the sheriff to cause such execution to be conducted agreeably to the provisions of section five hundred and forty-seven, at such convenient place at the county seat as he may select.

SEC. 550. [Same-Who present,]-Besides the sheriff and his assistants, the following persons may be present at the execution, and none others: The clergyman in attendance upon the prisoner, such other persons as the prisoner may designate, not exceeding three in number, and such other persons as the sheriff may designate, not exceeding six in number.

SEC. 551. Military force.]-Whenever the sheriff shall deem the presence of a military force necessary to carry into effect the provisions of the four preceding sections, he shall make a written requisition upon the officer of the militia highest in command then in his county, who shall issue the necessary orders to insure a compliance with the requisition of such sheriff.

SEC. 552. [Return of death warrant.]--Whenever the sheriff shall inflict the punishment of death upon a convict, in obedience to the command of the court, he shall make return of his proceedings as soon as may be, to the clerk of the court where the conviction was had, and the clerk shall subjoin the return to the record of conviction and sentence.

SEC. 553. [Insane convict.] ---If any convict sentenced to the punishment of death shall appear to be insane, the sheriff shall forthwith give notice thereof to a judge of the district court of the judicial district, and shall summon a jury of twelve impartial men to inquire into such insanity, at a time and place to be fixed by the judge, and shall give immediate notice thereof to the district attorney.

SEC. 554. [Inquest in such cases.]-The judge, clerk of the court, and district attorney shall attend the inquiry. Witnesses may be produced and examined before the jury. The finding shall be in writing, signed by the jury. If it be found that the convict is insane, the judge shall suspend the execution of the convict until the sheriff shall receive a warrant from the governor of the state, directing such execution. The finding of the jury and order of the judge, certified by the judge, shall be by the clerk entered on the journal of the court.

SEC. 555. [Finding transmitted to governor.]-The sheriff shall transmit immediately a certified copy of such finding to the governor, who may, as soon as he shall be convinced that the convict has become of sound mind, issue a warrant appointing a time for his execution.

SEC. 556. [Female convict pregnant.] -If a female convict sentenced to the punishment of death, appears to be pregnant, the sheriff shall, in like manner, summon a jury of six persons, who on like proceedings being had as in the case of an insane convict, shall return a finding signed by them.

SEC. 577. [Same-Finding of jury.]-If by such finding, it shall appear that such female convict is with child, the sheriff shall, in like manner, suspend the execution of her sentence, and shall transmit the finding to the governor, who, on being satisfied that such woman is no longer pregnant, shall issue a warrant appointing a day for her execution.

SEC. 558. [Conditional reprieve.] - Whenever the governor may deem it expedient and proper to reprieve any person under sentence of death, under any condition whatsoever, the condition upon which such reprieve is granted shall be specified in the warrant, and the person accepting such conditional reprieve shall subscribe such acceptance upon the warrant containing the conditions of reprieve in the presence of two witnesses, who shall attest the same; and such witnesses shall go before the clerk of the court where such sentence is recorded, and shall prove the same; and the clerk shall thereupon record the warrant of reprieve, together with the acceptance and proof thereof, in the journals of the court, a transcript

of which record shall at all times thereafter be evidence for or against the person accepting such conditional reprieve.

SEC. 559. Same. If in case of any reprieve the governor shall deem it expedient and proper to confine the persons so reprieved in the penitentiary, it being so specified in the warrant, the sheriff or other officer having the person so reprieved in his custody, shall convey him to the penitentiary in the same manner as other convicts are directed by law to be conveyed; and the warden of the penitentiary shall receive such person, together with the warrant of reprieve, and shall proceed with such convict as such warrant may direct; and the expenses of transporting such person to the penitentiary shall be allowed and paid as in other cases. SEC. 560. [Condition of reprieve violated.]-If any person reprieved according to section five hundred and fifty-eight, shall violate the conditions upon which such reprieve is granted, such person shall be proceeded against as in other cases of persons escaping from prison convicted of offenses.

SEC. 561. [Convict escapes.]-If any person who has been convicted of murder in the first degree, and sentenced to be hung, shall escape, and shall not be retaken before the time fixed for his execution, it shall be lawful for the sheriff to re-arrest such person, and commit him to the jail of the proper county, and make return thereof to the court in which the sentence was passed; and thereupon the court shall proceed to fix the time of execution, which shall be carried into effect by the proper officer, as may be provided by law for the execution of persons convicted of murder in the first degree.

SEC. 562. [Warrant for death penalty.]-When any person has been duly tried and convicted of the crime of murder in the first degree, before any district court in this state, and, under said conviction, has been sentenced by said court to suffer death, it shall be the duty of the clerk of the court before which said conviction was had, to issue his warrant, under the seal of said court, reciting therein said conviction and sentence, directed to the sheriff of his county, commanding him to proceed at the time and place named in said sentence, to carry the same into execution, by causing the person so convicted and sentenced to be hanged by the neck until he is dead.

SEC. 563. Same-Execution.]-That it shall be the duty of said sheriff, on receipt of said warrant, provided the supreme court, or a judge thereof, have not ordered a suspension of the execution of said sentence, to proceed at the time and place named in said warrant, to carry said sentence into execution, by causing said person so convicted and sentenced to be hanged by the neck until he is dead; and of the manner of his executing said warrant, and his doings thereon, he shall forthwith make return to said clerk, who shall cause said warrant and return to be recorded as a part of said case.

SEC. 564. [Proceedings if error prosecuted.]-That in case the supreme court, or any judge thereof, shall have allowed a writ of error in said case and ordered a suspension of the execution of said sentence until said writ of error shall be heard and determined, and, after having heard and determined the same, shall have appointed a day certain for, aud ordered the execution of said sentence, it shall be the duty of the clerk of the supreme court to issue to said sheriff his warrant, under the seal of said court, commanding him to proceed to carry said sentence into execution, at the time so appointed by said court, which time shall be stated in said warrant; and upon receipt of said warrant last aforesaid, it shall be the duty of said sheriff to cause said sentence to be executed as aforesaid, at the time so appointed by the supreme court, and to make due return of said warrant, and of his proceedings thereunder, forthwith to said clerk of said district court, who shall cause said warrant and return to be recorded as aforesaid.

CHAPTER LII. PARDONS, REPRIEVES, AND MITIGATION OF PENALTIES.

SEC. 565. [Power of governor.] The governor shall have power to grant reprieves, commutation, and pardons, after conviction, for all offenses, except

treason, and to remit fines and forfeiture upon such conditions, and with such restrictions and limitations as he may think proper, subject to the regulations prescribed in this chapter. But no pardon shall be granted until after notice shall have first been given for two weeks of such application for a pardon, by publishing the said notice in a newspaper printed in the county where the conviction was had, which notice shall state name of the applicant, the offense of which he was convicted, in what court, and when convicted, and the time the application will be made, and in case no newspaper is published in such county, then the said notice may be given by posting the same at the court house door, of said county, two weeks before such application; Provided, however, That when any person is confined in the state penitentiary, the governor shall have power to pardon such person on account of good conduct, for the purpose of restoring him to civil rights, not more than ten days before the expiration of his term of imprisonment, without the notice provided for in this section.

SEC. 566. [Authority over public officers.] The governor shall have power to issue his warrant to all proper officers to carry into effect any act which he has power to do, and which is regulated in this chapter; and all such officers are required to obey such warrant.

SEC. 567. [Warrant-Return.]-Whenever any convict is pardoned or reprieved, or his sentence is commuted, or any fine or forfeiture is remitted, it is the duty of the officer to whom the warrant is directed, as soon as may be after executing the same, to make a return in writing thereon to the secretary of state, of his doings under the same, and sign the same with his name of office; and he must also file in the office of the clerk of the court in which the conviction was had, or in which the sentence was to have been enforced, a certified copy of the warrant and return, the proper entries in relation to which shall be made by such clerk.

SEC. 568. [Report to legislature.] The governor must report to the general assembly at its next meeting thereafter, each case of reprieve, commuta· tion, or pardon granted, and the reason therefor, stating the name of the convict, the crime of which he was convicted, the sentence and its date, and the date of the reprieve, commutation, or pardon. He must in like manner also report the names of all persons in whose favor fines or forfeitures have been remitted, and the several amounts remitted.

SEC. 569. [Commutation of time on good behavior.] SEC. 1. That every convict who is now or who may hereafter be confined in the Nebraska penitentiary, and who shall have no infraction of the rules or regulations of the penitentiary or laws of the state recorded against him, and who performs in a faithful manner the duties assigned to him in an orderly and peaceable manner, shall be entitled to the diminution of time from his sentence as appears in the following section, and pro rata for any part of a year where the sentence is for more or less than a year. Of two months on the first year; of two months on the second year; and three months on the third year; of four months on the fourth year, and the like diminution of time for each succeeding year of time of their sentence. [1875 § 1, 32.]

SEC. 569 a. Time lost by misconduct.1-SEC. 2. Whenever a charge of misconduct shall be sustained by the warden and inspectors at their first meeting after said charge or charges shall have been recorded by the warden or his deputy against a prisoner, he shall lose the deduction of time specified in section one of this act, but he may regain by continuous good conduct thereafter a deduction of time not exceeding seventy-five per cent. of said time specified in section one of this act, and as much less as the warden and inspectors may certify to, as a suitable reward for good conduct.

SEC. 569 b. Warrant of governor.]-The governor shall, upon receiving certificate of good conduct from the warden and inspectors, immediately issue his

SECS. 569 a, b. "An act in relation to persons imprisoned under sentence for offenses against the state of Nebraska." Laws 1875, 32. Sec. 1 of this act supersedes sec. 569 of original act.

warrant for discharge of such convict; said warrant shall in all cases restore the prisoner to civil rights the same as though a pardon had been issued.

SEC. 570. [Repealed acts relating to pardons, Laws 1867, 46; Laws 1871, 80; Commutation act, Laws 1871, 79; Secs. 34, 35, 36, R. S. 11; Chap. 21, R. S. 716; Sec. 109, R. S. 227; Sec. 107, 110, R. S. 340, 341; Sec. 12, R. S. 344; Crim. Code R. S. 592, except Chap. 29; Intoxicating liquor act, Laws 1869, 19; Laws 1867, 12th Sess. Terr., 5; Offenders against chastity, Laws 1869, 81; Laws 1870, 6. Act amending sec. 20 Crim. Code, Laws 1869, 94; Secs. 31-38, 40, 43-50, Laws 1869, 105-108; Sec. 103, Laws 1869, 214; Act to assign counsel to defend indigent prisoners, Laws 1871, 118; Act punishing justices for neglect of certain duties, Laws 1871, 119; Act relative to justices of the peace, Laws 1871, 84; Bird act, Laws 1871, 128, and all acts in conflict; Provided, That the validity of such acts so repealed shall be saved and continued to the extent described in section. 255.]

SEC. 571. [Provided for taking effect Sept. 1, 1873.]