CHAPTER 73.-Prisons and houses of correction.

SEC. 1045. The attorney-general, with the approval of the president and cabinet council (governor), shall have the power to erect such suitable prisons, jails, station houses, and houses of correction as may bereessary for the safe-keeping, correcting, governing, and employing of all persons duly committed thereto; and also, with the approval of Ce president and cabinet council (governor), to prescribe rules and egulations for their government and discipline.

SEC. 1049. The marshal of the republic (high sheriff of the Territoys responsible for the safe-keeping of all prisoners, and therefore heall have the nomination and appointment, with the approval of the atty-general, of all jailers and other prison officers, who shall hold ofce during the pleasure of said marshal (high sheriff). Such jailers and other officers shall be men of sobriety, honesty, and industry.

SEC. 100. The marshal (high sheriff) shall cause to be kept in every pron a journal, in which shall be regularly entered the reception, diharge, death, pardon, or escape of any prisoner, and also all punishments that are inflicted for a breach of prison discipline, as they yur, and all other occurrences of note that concern the state of the prison.

SEC. 1951. On the commitment of any prisoner there shall be entered on the journal the sex, age, height, and personal description of such prisoner, his last place of abode, and place of nativity.

SEC. 1952. The marshal (high sheriff) shall cause to be kept an exact cort of all the receipts and expenditures of each prison and make a monthly report of the same to the attorney-general.

SEC. 1953. Said marshal (high sheriff) shall cause each prison to be kept in a clean and healthy condition, and the whole interior thereof be thoroughly whitewashed with lime once in every three months. SEC. 1054. Said marshal (high sheriff) shall provide for each priser who may be able and desirous to read a copy of the Bible or of New Testament, to be used by such prisoner at proper seasons; any minister of the gospel disposed to aid in reforming the prisand instructing them in their moral and religious duties shall e access to them at seasonable times when not required to be **; loved in labor.

Sic. 1055. All prisoners confined only in order to secure their endance as witnesses shall be under no other restriction than what necessary to prevent their escape from prison. Every such prisoner immediately liberated on his giving security for his appearto testify, as required by law.

1056. All prisoners sentenced to imprisonment at hard labor all be constantly employed for the public benefit, on the public ths or otherwise, as the marshal (high sheriff), with the approval of the minister of the interior (superintendent of public works), may

SEC. 1957. The minister of the interior (superintendent of public crisi is hereby empowered, in his discretion, to detail for labor on public road, upon application to that purpose from any road superor, as many prisoners as he may deem necessary for such work, d prisoners to be under the care of their usual overseers and subt to the road supervisor only as far as regards the mode of their ployment.

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SEC. 1058. When such prisoners can not be well employed performance of any public work, the marshal (high sheriff), wit approval of the minister of the interior (superintendent of works), may let them out to labor for private individuals, upor terms as he may deem proper; provided, always, that such pri shall be locked up within the prison every night.

SEC. 1059. Female prisoners shall be kept entirely separate the male prisoners, and shall be employed in making mats, in s in washing the clothes of the prisoners, and in such other s occupations as the marshal (high sheriff) shall direct.

SEC. 1060. The pay of prison officers shall be determined and lated by the attorney-general.

SEC. 1061. Every person sentenced to imprisonment for lif be considered as civilly dead, and the same disposition shall b of his estate as if he had died on the day sentence was pron and any last will and testament or codicil he may have made I that time shall take effect in the same manner as if he had that day.

SEC. 1062. But no disposition of any estate, either by will of wise, after the arrest for crime of which the prisoner was con whether sentence is for life or otherwise, shall have any advan preference over the claim of any person entitled to damag private injury committed by the criminal, unless such disposit made a valuable and equivalent consideration, to a person ign

the arrest.

SEC. 1063. Whenever a convict is condemned to imprisonn than for life, any judge having probate powers may, upon du cation, appoint a guardian to have the care and management convict's estate, real and personal, during the term of his in ment. The letters of guardianship shall be revoked by the p discharge of the convict, but such revocation shall not invalid acts done by the guardian.

SEC. 1064. Every guardian so appointed for any convict all the just debts due from the convict out of his personal sufficient, and if not, out of his real estate, upon obtaining li the sale thereof from the judge; he shall also settle all ac said convict, and demand, sue for, and receive all debts du and may, with the approbation of the judge, compound for and give a discharge to the debtor; and he shall appear for a sent his ward in all legal suits and proceedings, unless wher person is appointed for that purpose.

SEC. 1065. Such guardian shall have all the rights and well as all the responsibilities, respecting the management and of the convict's estate, as appertain to the guardian of a insane person. He shall manage the estate frugally and waste, and apply the profits thereof, so far as may be neces the comfortable and suitable maintenance of the convict's there be any, and if the profits shall be insufficient for that he may sell the real estate and apply the proceeds thereto, upo ing the license of the judge.

SEC. 1066. Such guardian may be removed and another appointed in his place whenever the judge shall think there is for removal.

SEC. 106. Every such guardian shall have such compensation for services as the judge before whom his accounts are settled shall sider just and proper, and he shall also be allowed the amount of

is reasonable expenses.

SEC. 106. All property given or in any manner whatsoever accrung to a convict shall vest in his guardian, if he be sentenced for a term of years, to be disposed of in like manner with his other property; or Ebentenced for life shall vest in his heirs.

N. 109. Until a lunatic asylum is created by law, any lunatic or Pe person, whose lunacy or insanity is established by the court of Per jurisdiction, may be committed to any prison, jail, or house rrection, the re to be provided for and safely kept until lawfully barged. The estate of such person shall in all cases be liable for the payment of his necessary expenses, and it shall be the duty of his arian or other legal representative to make such payments, from to time, as may be ordered by said court.

CHAPTER 74.-Care and custody of prisoners.

SEC. 100. From and after the passage of this act, the care and cusof all prisoners detained in any prison of the republic (Territory) d be transferred from the department of the interior (department pblic works) to the department of the attorney-general, and shall included in and appertain exclusively to the department of the torney-general, except as hereinafter otherwise provided.

11. The attorney-general shall hereafter exercise all such thority, supervision, and control over the marshal (high sheriff) and bordinates in relation to the care and custody of prisoners as has tofore been vested by law in the minister of the interior (superndent of public works), and the marshal (high sheriff) shall herefer be responsible to the attorney-general in all matters appertaining thcare and custody of prisoners in like manner as he has heretoe been responsible to the minister of the interior (superintendent of e works) in respect thereof.

SIC, 1072. In all respects wherein the minister of the interior (supertendent of public works) has heretofore by law been invested with power of approval of the appointment of prison officers, or any tion to regulate the discipline or the pay of such officers, or the ipline of prisoners, such rights of approval and discretion are etchy vested in the attorney-general.

SEC. 1973. The marshal (high sheriff) shall at all times, notwithstandanything hereinbefore contained, hold all such prisoners as shall confined under sentence of imprisonment at hard labor at the disal of the minister of the interior (superintendent of public works), be employed by said minister (superintendent) on the public works otherwise, as said minister (superintendent) under the law shall

direct.

CHAPTER 75.-Prison inspectors.

SEC. 1974. The minister of the interior (superintendent of public rks, with the approval of the cabinet (governor), shall, within sixty after the passage of this act, appoint three persons on the island f Oahu to be inspectors of prisons, who shall constitute a board of

prison inspectors. Such inspectors shall hold office until July, and thereafter in the month of July of each alternate year the minister (superintendent) shall in like manner appoint three insp who shall hold office for two years. Any inspector shall be el for reappointment.

SEC. 1075. In case any inspector shall die, resign, depart fro republic (Territory) to reside abroad, or become incapacitated to upon such board, the minister of the interior (superintendent of] works) shall declare the office of such inspector vacant, and shall the approval of the cabinet (governor), appoint some other per: fill such vacancy, and to serve for the remainder of the term inspector whose office has so become vacant.

SEC. 1076. All inspectors appointed under the provisions of th shall serve without pay, but they may incur such reasonable ex for clerk hire, traveling expenses, or other incidentals as the mi of the interior (superintendent of public works) shall approve. such expenses shall be paid from the appropriations for priso support of prisoners.

SEC. 1077. As soon as convenient after the appointment of board of inspectors, they shall organize and appoint one of their ber to be chairman of the board, and another secretary. They hold a regular meeting once each month, and special meetings ever called by any member of the board. They may adopt rule regulations for their own guidance, and shall keep a record of proceedings and doings in a proper book or books. A majority board shall constitute a quorum.

SEC. 1078. The books of record of each board of inspectors sh the expiration of the term of office of such board, be delivered t minister of the interior (superintendent of public works), who preserve the same in the archives of the department of the int (secretary of the Territory).

SEC. 1079. Such inspectors, or a majority of them, shall visit prison once each month, and oftener if they deem it expedient any of them may visit said prison at any time. They, or any of t with the approval of a majority of the board, may visit and in any prison or jail of the republic (Territory) at any time, and have access to every part of such prisons or jails, and to the b papers, records, and accounts of the same.

SEC. 1080. It shall be the duty of the board of inspectors to s vise the discipline and government of the Oahu prison, and, in discretion, from time to time provide rules and regulations, not trary to law, for any or all of the prisons and jails of the rep (Territory). In performing these duties they shall consult with marshal (high sheriff) of the republic (Territory) and the ministe the interior (superintendent of public works) upon all impo matters, but the decision of a majority of the board shall control.

SEC. 1081. It shall be the duty of the board of inspectors, on sultation with the jailor, to prescribe the punishment to be infl upon prisoners for the breach of prison rules or other misconc They shall in like manner decide who are entitled to the commuta provided by law for good behavior, and who shall be deprived of commutation in whole or in part. They shall in like manner also the power to restore, in whole or in part, to any prisoner the comm tion which such prisoner shall have lost.

SEC. 1082. The board of inspectors shall seek to improve the discipline of the prisons and the condition of the prisoners, and extend all reasonable inducements not contrary to law for good behavior. They may, in their discretion, classify the prisoners, designating the grade to which each shall belong, the privileges not inconsistent with the law which may be granted them, and the garb which they shall wear. SEC. 1083. The board of inspectors shall, in the months of January and July of each year, present to the minister of the interior (superintendent of public works) a report of the condition of Oahu prison and the prisoners there confined, and of the doings of the board during the previous six months, and the condition of all other prisons and jails and prisoners of the republic (Territory), so far as they have information relating to them. They shall submit with such report a copy of all rules and regulations which they have made, amended, or rescinded during such period. They may also add any information or suggestions they deem advisable. Such reports shall be signed by at least two of the members of the board of inspectors, and be published in the English and Hawaiian languages in suitable weekly newspapers in Honolulu. They shall also present a report to the legislature at each regular session of the same, making such suggestions and recommending such lesgislation relating to the prisons and prisoners as they deem expedient.

CHAPTER 76.-Commutation of punishment.

SEC. 1084. Every prisoner confined in any prison or jail of the republic (Territory), under sentence of hard labor imposed by any court of the republic (Territory), may, for continued good behavior or meritorious conduct while serving out his sentence, be allowed the following deductions for each three months of his term, that is to say, first three months, seven days; second three months, eight days; third three months, nine days; fourth three months, ten days, and so on at the same increasing rate of one day additional for each succeeding three months.

SEC. 1085. Any prisoner sentenced to pay a fine and who is confined at hard labor because of his failure to pay his fine, according to law, may be allowed a commutation at the rate provided for prisoners sentenced to hard labor, such commutation to be allowed for the time actually served in prison.

SEC. 1086. Any prisoner may, for misconduct or other sufficient cause before his discharge, forfeit the whole or a part of the commutation which he has been allowed, and, for subsequent good conduct, meritorious behavior, or other sufficient reasons, the whole or a part of the commutation so forfeited may be again allowed to such prisoner. SEC. 1087. The granting, withholding, forfeiting, and restoring of the commutation provided by this act shall be discretionary with the board of prison inspectors. As to prisoners confined in the prisons of the republic (Territory) other than Oahu prison, the board of prison inspectors may delegate to such prison, officers or other persons as they deem best the power to grant, withhold, forfeit, and restore commutation of prisoners confined in such prisons, and such power to revoke at their discretion.

SEC. 1088. At some suitable time during the months of January, April, July, and October of each year the board of prison inspectors H I-PT 3-03—5