by any court of the United States may be so received and there kept in pursuance of their sentences upon such terms as the board may adopt. ['96, p. 264.

2256. Board of pardons may restore lost civil rights, when. Except in cases of treason or impeachment, the board of pardons may, in its discretion, remove the disabilities of any person who shall have lost his civil rights by reason of conviction of a public offense. The board of corrections, upon the request of the board of pardons, shall, in the case of an application of a convict or of an ex-convict to be restored to his civil rights, furnish the board of pardons with a statement of such person's deportment during 'his imprisonment; and it may at all times make whatever recommendations to the board of pardons it shall believe proper, respecting such person's restoration to such rights. ['96, p. 264*. Duties and powers of board of pardons, Con. art. 7, 12.

2257. Employment of convicts. It shall be the duty of the prison board to meet at least once in six months to determine what lines of productive labor shall be pursued in the prison, and in so determining the board shall select diversified lines of industry with reference to interfering as little as possible with the same lines of industry carried on by citizens of this state. No contract shall be made for the labor of prisoners confined in the state prison, but they shall be employed by the warden under rules and regulations established by the board. ['96, p. 364.

Convict labor not to be contracted, Con. art. 16, sec. 3.

2258. Id. Making articles for state. The board shall be required to employ as many prisoners as are necessary in making articles for the various state institutions, as far as practicable; and the state institutions shall pay to the prison the market price of all articles furnished. ['96, p. 364.

May make clothing, etc., for militia,? 1477.

2259. Id. Irrigation works. For the purpose of reclaiming, by irrigation, state lands, and for the purpose of furnishing public work for convicts confined in the state prison, the state board of corrections is hereby authorized to locate and construct, in the name of and for the use of the state, ditches, canals, reservoirs, and feeders, for irrigating and domestic purposes, and for that purpose - may use convict labor of persons confined, or that may be confined, as convicts in the state prison.

Col., Mills' An. C. (1891) ? 2483*.

Convicts may labor outside prison grounds only on public works, Con. art. 16, sec. 3.

2260. Prisoner to receive part of earnings. The board may adopt rules for crediting to deserving prisoners some portion of their earnings; to unmarried prisoners, not to exceed ten per cent of their net earnings, to be paid to them on discharge; and to married prisoners, not to exceed twenty-five per cent of their net earnings, to be delivered to their families, if living in this state and shown to be dependent upon them for support. If married prisoners have not resident families so dependent, they are to be credited with the same amount as unmarried prisoners, and paid the same on discharge. ['96, p. 264.

2261. Change of labor. Whenever the warden or the board shall deem it necessary for the health or discipline of a convict, or for the interest of the state, any convict may be transferred from one kind of work to another, as the warden or the board shall from time to time direct. ['96, pp. 264–5.

2262. Release from solitary confinement. Convicts who may have been, or may hereafter be, sentenced to solitary confinement in the state prison at hard labor for life, may be released from solitary confinement and employed as other convicts are, whenever and for such time as the board may by resolution direct; and the board is authorized to allow such convicts, under whatever restrictions it may deem necessary and proper, to correspond with relatives and friends. ['96, p. 265.

2263. All convicts to labor eight hours a day. All convicts, other than such as are confined in solitude for misconduct in the prison, shall as far as

practicable be kept constantly employed at hard labor for an average of not less than eight hours a day, Sundays and holidays excepted, unless incapable of laboring by reason of sickness or other infirmity. ['96, p. 265.

2264. Freedom of religious worship. No inmate of the state prison shall be denied the full exercise of his religious belief and the liberty of worshiping according to the dictates of his conscience; provided, however, that nothing in this section shall be so construed as to impair the discipline of the prison, as far as may be needful for the good government and safe custody of its inmates, nor to prevent the assembling of all the inmates in the chapel thereof for such general religious instruction as the board may deem wise and expedient. ['96, p. 265.

2265. Prisoners kept singly in cells. Whenever there shall be a sufficient number of cells in the prison, it shall be the duty of the warden to keep the prisoners singly in a cell at night, and also during the day when unemployed. ['96, p. 265.

2266. Duties of employees. Punishment of prisoners. It shall be the duty of guards, keepers, and employees of the state prison to be ready at all times to attend to any duty required of them by the warden or deputy warden. The several keepers and guards are hereby expressly charged with all the duties and responsibilities of jailers. It shall be the duty of guards, keepers, and other employees of the state prison to faithfully enforce all rules and regulations of the board relative to their respective duties. Any guard, keeper, or other employee of the state prison, who shall knowingly violate any rule or regulation adopted by the board, or who shall violate any of the provisions of this chapter, or who shall neglect to perform the duties required of him by the rules and regulations of the prison or by the provisions of this chapter shall be guilty of a misdemeanor, and on conviction thereof may be punished by a fine not exceeding one thousand dollars, or by imprisonment in the state prison for a period not exceeding three years, or by both such fine and imprisonment, in the discretion of the court. The warden or deputy warden may punish convicts for misconduct in such manner and under such regulations as shall be adopted by the board; provided, that punishment by showering with cold water or whipping with the lash on the bare body shall in no case be allowed. The warden or deputy warden shall the next day after inflicting punishment upon any convict enter in a book, to be kept for that purpose, a written memorandum thereof signed by him, stating the offense committed and the kind and extent of the punishment inflicted; but in no case shall any punishment be brutal or inhuman, and no corporal punishment shall be inflicted without the presence of the prison physician. ['96, pp. 265-6.

2267. Attempts to escape, etc. When several convicts acting together, or a convict alone, shall offer violence to an officer or guard of the prison, or to any other convict or person, or shall do or attempt to do any injury to the building, or any workshop or appurtenances thereof, or shall attempt to escape, or resist or disobey any lawful and reasonable command, the officers of the prison shall use all suitable means to defend themselves and the prison property, to enforce the observance of discipline, and to frustrate such attempt to escape, and to secure the persons of such offenders. ['96, p. 266.

2268. Liquor, etc., on prison grounds. No spirituous or fermented liquor, drug, medicine, or poison shall, on any pretense whatever, be sold or given away in the prison or in any building appurtenant thereto, or on the land granted to the state for the use and benefit of the prison; and no such liquors shall be given to, nor suffered to be used by, any convict or employee in the prison unless he be sick, and then only under the special direction of the prison physician. ['96, p. 266.

2269. Custody of books. Distributing reports.

All books of accounts, registers, and other documents and papers relating to the affairs of the prison shall be considered public property, and shall remain therein, and the

warden shall preserve at least one set of copies of all official reports made to the governor and legislature respecting the prison, and likewise a set of similar reports in relation to the prisons of other states, as far as he shall be able to obtain the same. To accomplish this purpose, there shall be printed biennially for the use of the prison three hundred extra copies of the report of the board, one hundred of which shall be supplied to the warden for exchange with prisons of other states and the warden shall promptly transmit to each of the state prisons in the United States one copy of such report. ['96, pp. 266–7.

2270. Economy to be enforced. It shall be the duty of the warden and the deputy warden to see that rigid economy is practiced in all matters pertaining to the prison and in the employment of prisoners, and that duplicate receipts be taken for all expenditures made by them on account of the prison, one of which shall be sent to the auditor's office monthly. ['96, p. 267.

2271. Board to audit accounts. It shall be the duty of the board to examine and audit before payment all bills and accounts of the prison, at least bi-monthly, to enter a strict account of the same in its books, and after the accounts shall have been examined, entered, and audited, they shall be transmitted by the board to the state auditor. ['96, p. 267.

2272. Inventory, when taken. In case of a vacancy in the office of warden, the board shall cause an inventory to be taken and the state auditor shall settle the accounts of the former warden on the presentation of his books and vouchers, duly authenticated. ['96, p. 267.

2273. Delivery of convicts. It shall be the duty of the sheriff of every county in which any criminal shall be sentenced to confinement in the state prison, to cause such convict to be removed from the county jail within five days after sentence and conveyed to the state prison and delivered to the warden thereof. ['96, p. 267.

2274. Id. Expense. The actual expenses of sheriffs in conveying convicts to the prison shall be made out in a bill containing the items thereof and shall be presented to the warden when the prisoner is delivered at the prison. The warden shall certify on it that the prisoner has been received, and the bill, including the sheriff's actual expenses in returning to the county whence the prisoner shall have been sent, shall be audited by the state auditor and paid from the state treasury. Before drawing his warrant the state auditor shall correct any errors in the bill as to form, items, or amount, and the sheriff shall be paid his actual traveling expenses and the expenses of the convict. ['96, pp. 267-8.

2275. Id. Copy of sentence. When any convict shall be delivered to the warden of the prison, the officer having such convict in his charge shall deliver to such warden the certified copy of the sentence, received by such officer from the clerk of the court, and shall take from such warden a certificate of the delivery of such convict; and such certified copy of the sentence of any convict shall be prima facie evidence of the facts therein contained. ['96, p. 268.

2276. Letters, etc., to and from prison. No person, without the consent of the warden or deputy warden, shall bring into or carry out of the state prison any letter or writing, or any information to or from any convict; nor deliver to any convict any poison, implement, or other thing which may be used to injure such convict or any person. Any person who shall violate the provisions of this section shall be guilty of a misdemeanor. ['96, p. 268.

Escapes and assisting therein, 22 4114-4118.

2277. Visitors. The following persons shall be authorized to visit the prison at pleasure, namely: the governor, members of the legislature, state officers, the judges of the supreme and district courts, grand jurors, prosecuting attorneys, attorneys on professional business, sheriffs, members and officers of any board authorized by law to visit the same, and all regular officiating ministers of the gospel. But no other person shall be permitted to go within the walls of the prison

where convicts shall be confined, except by special permission of the warden, or under such regulations as the board shall prescribe. ['96, p. 268.

2278. Id. Library fund. It shall be lawful for the board to establish uniform rules for the admission of visitors within the prison, and it may prescribe a reasonable sum, not more than twenty-five cents, to be charged each individual for one admission; provided, that no ticket of admission shall be sold to any person known to have served a term in this or any other prison, nor to any persons intoxicated or under the influence of liquor, nor to a disorderly person, nor to any person known to the prison officials or in the police circles as a "crook," or prostitute. The warden shall procure suitable tickets, which shall be held by the clerk. The clerk shall keep an account of the sales thereof, and pay over the money received to the warden daily. The gatekeeper at the prison entrance shall receive the tickets, and shall deliver them each day to the warden before the prison is closed. It shall be the duty of the board to appropriate annually out of the fees received from visitors the sum of one hundred dollars for the purchase of books to be kept at the prison for the use of the convicts. ['96, pp. 268-9.

2279. Prison school. A school may be maintained in the prison for the instruction of convicts confined therein. It shall be conducted under such regulations as may be approved by the board of corrections. ['96, p. 269.

2280. Library. The library now established at the prison for the use of the convicts shall be maintained, subject to such regulations as the board may approve. ['96, p. 269.

2281. Contagious diseases. In case any pestilence or contagious disease shall break out among the prisoners in the prison, or in the vicinity of the prison, the board may cause the convicts therein to be removed to some suitable place of security, where such of them as may be sick shall receive all necessary care and medical attendance, and such convicts shall be returned as soon as it may be safe to do so to the prison and be there confined according to the respective sentences, if the time be unexpired. ['96, p. 269.

2282. Fire. Whenever by reason of the prison or any building contiguous or near thereto being on fire there shall be reason to apprehend that the convicts may be injured or endangered by such fire or may escape, the warden may remove the convicts to some safe and convenient place, and there confine them as long as may be necessary to avoid the danger. ['96, p. 269.

2283. Id. Repairs. If any of the shops or buildings are destroyed or injured by fire, or other cause, they may be rebuilt or repaired immediately under the direction of the board, and with the approval of the governor, and the expense thereof shall be paid from the state treasury. The money for this purpose shall be drawn from the state treasury and accounted for in the manner now provided by law. ['96, p. 269.

2284. Audit and report of accounts. It shall be the duty of the state auditor to examine and audit the accounts of the warden, and to lay a statement of the same before the legislature at each regular session thereof. ['96, pp. 269-70.

2285. Escapes. Rewards. Whenever any convict shall escape from the prison, it shall be the duty of the warden to take all proper measures for the apprehension of such convict, and for that purpose he may offer a reward not exceeding fifty dollars for the apprehension and delivery of such convict; such reward and other sums of money, necessarily paid for advertising and apprehending any convict who may escape from prison, shall be audited by the state auditor and paid out of the state treasury. If any prisoner shall be retaken, the time between the escape and his recommittal shall not be computed as part of the term of imprisonment, but he shall remain in the prison a sufficient length of time after the term of his sentence would have expired, if he had not escaped,

to equal the period of time he may have been absent by reason of his escape. ['96, p. 270.

Governor may offer rewards, ? 5103.

2286. Discharged convicts. Clothing. Money. When a convict shall be discharged from prison by pardon or otherwise, the warden shall furnish him with clothing, if he be not already provided for, not exceeding ten dollars in value, and such sum of money, not exceeding ten dollars, as the warden may deem necessary and proper; provided, the prisoner have less than ten dollars of earnings to his credit. The board may, in its discretion, furnish such convict with a further sum of money, not exceeding fifteen dollars, whenever in its opinion, the necessities of the convict are such as to require the same. Instead of paying to a discharged convict the sum of ten dollars or under as above allowed, the warden may, in his discretion, expend the money and allowance, or such portion thereof as may be necessary, in paying the fare of the convict to his home or place of destination. ['96, p. 270.

2287. Crimes committed in prison. Any convict now or hereafter confined in the state prison for any term other than life, and who during the term of such confinement shall commit a crime punishable, under the laws of this state, by imprisonment in such institution, shall be subject to the same punishment as if the crime had been committed at any other place, or by a person not so confined. ['96, pp. 270-1.

2288. Prior rights not affected hereby. No lien, demand, claim, or contract established or made before the third day of April, eighteen hundred and ninety-six, by the warden or clerk of the prison in behalf of the state shall be in anywise changed or affected by the provisions of this chapter; but the rights of the state and of all parties to contracts or obligations theretofore made, shall remain as complete and as binding and may be enforced in the same manner and as fully as if the provisions of this chapter had not been enacted. ['96, p. 270. A convict may be tried and sentenced before his offense committed in trying to escape. People v. term of imprisonment has expired for a criminal Flynn, 7 U. 378; 26 P. 1114.

2289. Vested rights not affected hereby. All rights and liabilities existing, acquired or incurred before the third day of April, eighteen hundred and ninety-six, are hereby saved; and all proceedings theretofore pending may be consummated under and according to the law in force when such proceedings were commenced. ['96, p. 271.

CHAPTER 10.

UNIVERSITY.

2290. General powers. The name of the university organized under an act approved February twenty-eighth, eighteen hundred and fifty, and laws amendatory or supplementary thereto, shall hereafter be University of Utah, and by this name it is constituted and continued a body corporate, with perpetual succession. It may have and use a corporate seal, and by the aforementioned name may sue and be sued, and contract and be contracted with. is vested with all the property and franchises of, and shall be subject to all the contracts, obligations, and liabilities of, the former corporation. [C. L. §§ 1829*, 1832*; '92, p. 8; '96, p. 272.

University part of public school system, Con. art. 10, sec. 2. Location confirmed, rights perpetuated, Con. art. 10, sec. 4. Land grant, Enabling Act, sec.

It

8; Con. art. 10, sec. 5. Perpetual fund, Con. art. 10, secs. 3, 5, 7; art. 20, sec. 1.

It may

2291. Id. It may take and hold by purchase, gift, devise, or bequest, real and personal property required for its uses. also convert property received by gift, devise, or bequest, and not suitable for its uses into other property so available, or into money. It shall be deemed a public corporation,