§ 371. Judge or district attorney to furnish facts.-When application is made to the governor for such pardon, commutation or reprieve, the presiding judge of the court before whom the conviction was had, the district attorney conducting the prosecution, or the district attorney of the county where the conviction was had, in office at the time the application is made, shall without delay supply the governor, at his request, with a statement of the facts proved on the trial, or, if a trial was not had, of the facts presented to the grand jury, which found the indictment, and of any other facts relating to the propriety of granting or refusing such pardon, commutation or reprieve. [Code Crim. Pro., § 695, without change in substance.] § 372. Appointment of person to hear application.-The gov ernor may appoint a person as a commissioner to conduct a hearing in a matter pertaining to an application for a pardon, commutation or reprieve. Such commissioner shall receive as compensation not exceeding ten dollars for each day's actual service. Upon the conclusion of such hearing he shall forward to the governor the testimony taken before him, [L. 1887, ch. 213, § 2 (in part), without change in substance.] § 373. Subpoenas for attendance of witnesses.-In a hearing upon an application for a pardon, commutation or reprieve, the governor may issue a subpoena or a subpoena duces tecum, to compel the attendance of a witness or the production of necessary books, papers and writings before him or a commissioner appointed by him, at a time and place designated therein. Such a subpoena shall be signed by the governor's private secretary and attested with the privy seal of the state and may be served by any person authorized to serve subpoenas in civil or criminal actions. [L. 1887, ch. 213, §§ 1, 2, 4. We have re-enacted that part of such sections which seems to be necessary. The code of civ. pro., § 852ff are made applicable to a hearing of an application for executive clemency, and therefore a part of such sections is surplusage.] § 374. Examination of witnesses.-The governor or the commissioner appointed by him may examine witnesses on a hearing of any such application and may administer oaths to such witnesses for the purpose of such examination. The provisions of the code of civil procedure relating to compelling the attendance and testimony of a witness are applicable to a hearing in a matter pertaining to an application for a pardon, commutation or reprieve. [This is a substitute for L. 1887, ch. 213, §§ 3, 5. See Code Civ. Pro., §§ 852, 869.] § 375. Disbursements.-The disbursements necessarily made in conducting a hearing on an application for a pardon, commutation or reprieve shall be paid upon the approval of the private secretary, out of moneys appropriated for such purposes. [L. 1887, ch. 213, § 6, without material change. ARTICLE XX. MISCELLANEOUS PROVISIONS. Section 380. United States prisoners. 381. Expenses of trial of prisoners indicted for offenses in state prisons and reformatories. Section 382. Identification of criminals. 383. Freedom of worship. 384. Interference with prisoners outside of prison walls; powers of officers to arrest. 385. Who may visit penal institutions. § 380. United States prisoners.-Prisoners convicted in the courts of another state or in the courts of the United States, held without the state, shall not be received in any penal institution of this state. Prisoners convicted in United States courts held within this state and sentenced for a term of one year or more may be received in state prisons and reformatories and maintained and confined therein at the expense of the United States under contracts made with the proper authorities and approved by the superintendent of state prisons. Such prisoners shall not be received in penitentiaries and county jails. All such prisoners confined in state prisons and reformatories, shall be subject to the provisions of this chapter and the rules and regulations of the institutions in which they are confined, in the same manner and to the same extent as prisoners convicted in the courts of this state. [R. S., pt. IV, ch. 3, tit. II, § 116, and tit. III, §§ 145, 146, rewritten and consolidated. The substance is retained without change.] § 381. Expenses of trial of prisoners indicted for offenses in state prisons and reformatories.-The costs and expenses of the trial of a prisoner indicted and tried for an offense committed while confined in a state prison or reformatory shall be paid by the state. The district attorney of the county in which such trial is had shall make and forward to the state comptroller, a de tailed statement, under oath, of the necessary costs and expenses incurred on account of such trial, including the expenses incurred in procuring witnesses to attend before the grand jury and at the trial of the indictment and the amount paid petit jurors for the time occupied by such trial. The attorney-general shall examine such statement and strike therefrom all items which are not chargeable to the state under the provisions of this section. The comptroller shall draw his warrant for the amount specified in the statement so corrected in favor of the treasurer of the county wherein such prisoner was indicted and tried, which shall be paid by the state treasurer out of any moneys in the treasury available for such purpose. [L. 1882, ch. 389, §§ 1, 2, 3, rewritten, but without change in substance.] § 382. Identification of criminals.-All prisoners received in a state prison, reformatory or penitentiary, except tramps and those convicted of vagrancy, drunkenness, disorderly conduct and assault in the third degree, shall be measured and described in accordance with the system commonly known as the Bertillon method for the identification of criminals. The superintendent of state prisons shall designate officers of state prisons, reformatories and penitentiaries to make such measurements. He shall prescribe the manner of applying such method of identification and shall make rules and regulations for keeping accurate records of such measurements, and for classifying and indexing the same. Duplicate records of such measurements shall be taken in the manner prescribed by the superintendent of state prisons, one of which shall be retained in the office of the warden or superintendent of such state prison, reformatory or penitentiery and the other shall be transmitted to the superintendent of state prisons to be filed, indexed and classified in his office. The warden or superintendent of each such state prison, reformatory or penitentiary shall compel a compliance with the provisions of this section and the rules and regulations of the superintendent of state prisons relating to the Bertillon system of identification on the part of the officers of such institutions designated by the superintendent to perform duties relating thereto. The necessary expenses incurred by the superintendent of state prisons in carrying out the provisions of this section, shall be paid by the state treasurer on the warrant of the comptroller and upon bills approved by such superintendent, out of moneys appropriated for the maintenance and support of the state prisons, but the amount paid therefor shall not exceed the sum of fifteen hundred dollars per annum. [L. 1896, ch. 440, re-written but without material change, except that it is proposed to except tramps and those convicted of vagrancy, drunkenness, disorderly conduct and assault in the third degree.] § 383. Freedom of worship.- Prisoners confined in penal institutions are entitled to the free exercise and enjoyment of religious profession and worship, without discrimination or prefer ence. The rules and regulations of such institutions shall provide for conducting religious services on Sunday and allow private ministration to the prisoners therein in such manner as will best promote and preserve such right. Such prisoners shall be allowed such religious services and spiritual advice and ministration from a recognized clergyman of the denomination or church which such prisoners may respectively prefer, or to which |