EXECUTION IN CAPITAL AND CRIMINAL CASES. 179

punishment of such convict shall date from the day on which he is delivered for imprisonment to the high sheriff.

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CHAPTER VI.

AN ACT RELATING TO THE NATIONAL PRISON.

ARTICLE I.

THE NATIONAL PRISON, DISCIPLINE AND MANAGEMENT.

SEC. 1. The National prison, at Tahlequah, shall be the general prison of the Cherokee Nation, for the reformation, as well as for the punishment, of offenders, in which shall be confined, employed at hard labor, and governed, all offenders who have been sentenced, and committed according to law, to the punishment of solitary confinement, or imprisonment and confinement therein at hard labor. It may, also, be used, when deemed expedient, for the safe keeping of persons charged with murder, or other high crimes, and for the temporary confinement, or confinement and punishment of persons sentenced by the National Council, or who may be put under arrest for drunkenness, or other misdemeanor, at the seat of government.

SEC. 2 The organization of the National prison shall consist of one chief officer, to be known and designated "High Sheriff of the Cherokee Nation," one deputy, a board of supervisors, and such assistants as shall be authorized by law.

SEC. 3. The high sheriff shall be appointed by the Principal Chief, with the advice and consent of the senate, and his term of office shall be co-extensive with that of the Principal Chief appointing him. He shall be warden and treasurer of the National prison, and custodian of the capitol building and other public property at the seat of government, and shall perform such general and special duties as shall be imposed upon him by law. He shall receive, out of the National treasury, a salary of five hundred dollars per annum, and shall, before entering upon the discharge of his official duties, obligate to the Cherokee Nation, in such reasonable bond as shall be required by the board of supervisors, and take an oath to faithfully, and to the best of his ability, perform all of the duties devolving upon him by virtue of his office.

SEC. 4. The bond of the high sheriff shall be put on file, for safe keeping, in the office of the Principal Chief, and such high sheriff and his sureties, shall be jointly and severally responsible for every breach of its conditions.

SEC. 5. The board of prison supervisors shall be composed of the Principal and Assistant Principal Chiefs and Executive Council. The Principal Chief shall be "ex-officio" president of said board, with authority to convene and adjourn the board whenever he shall deem it expedient so to do. In his absence, or inability to act, the Assistant Principal Chief, or either of the other members of the board, may preside.

SEC. 6. The board of supervisors shall visit the

prison from time to time, examine into its condition, and into the condition of the prisoners, and render such advice and aid to the high sheriff as they may deem necessary. They shall prescribe rules and regulations for the guidance of the high sheriff, and for the government of the prison, and the employment of the prisoners. They shall carefully inspect the accounts of the high sheriff, and shall have the right to curtail or reject all contracts made on account of the prison which are manifestly fraudulent, exorbitant, or unjust.

SEC. 7. The high sheriff may appoint his own deputy, with the concurence of the board of supervisors. He may appoint, in like manner, such cooks, police force, and other assistants, as shall be required, from time to time, in the prison service.

SEC. 8. The high sheriff shall be responsible for the management of the prison, according to the rules and regulations prescribed by the board of supervisors, and the laws of the Nation thereto applying.

SEC. 9. The high sheriff, or his deputy, as warden of the prison, shall reside within the precincts of the prison. He shall have the letting and making, with the approval of the board of supervisors, of contracts for supplies and work in and for the prison; and, as treasurer, shall settle all bills in such manner be prescribed by the board of supervisors.

as shall

SEC. 10. Neither he nor any person, holding a position in connection with the prison, shall, directly, or indirectly, have any interest in any contract, either

verbal or written, which may be entered into by him on the part of the Cherokee Nation, for any purpose whatever connected with the business or interests of the prison.

SEC. 11. As warden of the prison, the high sheriff shall furnish to the prisoners under his charge, such wholesome fare as shall be designated by the board of supervisors. He shall see that the provisions intended for the use of the prisoners are well and sufficiently cooked and properly served. As far as may be, he shall, with the consent of the board of supervisors, purchase all supplies of bedding, clothing, fuel and other necessary articles, by the quantity, and at the lowest market rates.

SEC. 12. The high sheriff shall have the charge and custody of the prison, with the lands, buildings, furniture, tools, implements, stock and provisions, and every species of property thereto pertaining, or within the precincts thereof; and shall superintend the police of the prison, and discipline of convicts; and shall receive, and disburse, such sums of money as shall be granted by the National Council for the support of the prison, in conformity with the express provisions of law, and the instructions of the board of supervisors.

SEC. 13. He shall make an annual detailed report, closing on the thirtieth day of September of each year, to the Principal Chief, which shall contain a full and accurate statement of all the concerns of the prison for the fiscal year ending September thirtieth; also a list of the convicts received into, discharged, pardoned and