CHAPTER 73.-Prisons and houses of correction.

SEC. 1048. 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 be necessary for the safe-keeping, correcting, governing, and employing of all persons duly committed thereto; and also, with the approval of the president and cabinet council (governor), to prescribe rules and Regulations for their government and discipline.

SEC. 1049. The marshal of the republic (high sheriff of the Territery is responsible for the safe-keeping of all prisoners, and therefore The shall have the nomination and appointment, with the approval of the attorney-general, of all jailers and other prison officers, who shall hold off 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 prison 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 ar, 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. 1032. The marshal (high sheriff) shall cause to be kept an exact court of all the receipts and expenditures of each prison and make a monthly report of the same to the attorney-general.

SFC. 103. Said marshal (high sheriff) shall cause each prison to be kept in a clean and healthy condition, and the whole interior thereof all be thoroughly whitewashed with lime once in every three months. SEC. 1054. Said marshal (high sheriff) shall provide for each prisoner who may be able and desirous to read a copy of the Bible or of the New Testament, to be used by such prisoner at proper seasons; an any minister of the gospel disposed to aid in reforming the prisors and instructing them in their moral and religious duties shall have access to them at seasonable times when not required to be emploved in labor.

SEC. 1955. All prisoners confined only in order to secure their attendance as witnesses shall be under no other restriction than what is necessary to prevent their escape from prison. Every such prisoner a b immediately liberated on his giving security for his appearare to testify, as required by law.

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

thick best.

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

P

SEC. 1058. When such prisoners can not be well employed in 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, upon terms as he may deem proper; provided, always, that such pris 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 se in washing the clothes of the prisoners, and in such other st 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 be of his estate as if he had died on the day sentence was prono and any last will and testament or codicil he may have made that time shall take effect in the same manner as if he had that day.

P

SEC. 1062. But no disposition of any estate, either by will o 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 damage private injury committed by the criminal, unless such disposit made a valuable and equivalent consideration, to a person igno the arrest.

SEC. 1063. Whenever a convict is condemned to imprisonm 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 invalida acts done by the guardian.

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

SEC. 1065. Such guardian shall have all the rights and d well as all the responsibilities, respecting the management and of the convict's estate, as appertain to the guardian of a 1 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 f 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 j for removal.

SEC. 1067. 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 reasonable expenses.

SEC. 106. All property given or in any manner whatsoever accruing 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 if he be sentenced for life shall vest in his heirs.

SEC. 109. Until a lunatic asylum is created by law, any lunatic or site person, whose lunacy or insanity is established by the court of Per jurisdiction, may be committed to any prison, jail, or house of correction, there to be provided for and safely kept until lawfully harged. 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 urin or other legal representative to make such payments, from time to time, as may be ordered by said court.

CHAPTER 74.-Care and custody of prisoners.

SEC. 1970. From and after the passage of this act, the care and custo of all prisoners detained in any prison of the republic (Territory) l be transferred from the department of the interior (department of pblic works) to the department of the attorney-general, and shall included in and appertain exclusively to the department of the attorney-general, except as hereinafter otherwise provided.

SEC. 1971. The attorney-general shall hereafter exercise all such thority, supervision, and control over the marshal (high sheriff) and subordinates in relation to the care and custody of prisoners as has Etofore been vested by law in the minister of the interior (super

ndent of public works), and the marshal (high sheriff) shall hereafter be responsible to the attorney-general in all matters appertaining to the care and custody of prisoners in like manner as he has heretofore been responsible to the minister of the interior (superintendent of pblic works) in respect thereof.

power

SEC, 1972. In all respects wherein the minister of the interior (superintendent of public works) has heretofore by law been invested with of approval of the appointment of prison officers, or any scretion to regulate the discipline or the pay of such officers, or the scipline of prisoners, such rights of approval and discretion are hereby vested in the attorney-general.

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

lirect.

CHAPTER 75.-Prison inspectors.

SEC. 1974. The minister of the interior (superintendent of public works), with the approval of the cabinet (governor), shall, within sixty fars after the passage of this act, appoint three persons on the island of 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 inspe who shall hold office for two years. Any inspector shall be eli for reappointment.

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

SEC. 1076. All inspectors appointed under the provisions of thi shall serve without pay, but they may incur such reasonable exp for clerk hire, traveling expenses, or other incidentals as the min 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 w ever called by any member of the board. They may adopt rules regulations for their own guidance, and shall keep a record of t proceedings and doings in a proper book or books. A majority of board shall constitute a quorum.

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

SEC. 1079. Such inspectors, or a majority of them, shall visit C 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 th with the approval of a majority of the board, may visit and ins 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 bo papers, records, and accounts of the same.

SEC. 1080. It shall be the duty of the board of inspectors to su vise the discipline and government of the Oahu prison, and, in t discretion, from time to time provide rules and regulations, not trary to law, for any or all of the prisons and jails of the repu (Territory). In performing these duties they shall consult with marshal (high sheriff) of the republic (Territory) and the minister the interior (superintendent of public works) upon all import 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 inflic upon prisoners for the breach of prison rules or other miscond They shall in like manner decide who are entitled to the commutat provided by law for good behavior, and who shall be deprived of s commutation in whole or in part. They shall in like manner also h the power to restore, in whole or in part, to any prisoner the commu 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 Lay, 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

HI-PT 3-03—5