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and police of the prison ; the pavishment, employment, health, cleanliness, and general condition of the convicts, the financial concerns, and contracts for work, the purchase of all articles provided for the prison, or sold on account thereof. They shall also enquire into the conduct of the officers of the prison, and require from them reports in relation to any or all of the matters above mentioned.
Sec. 6. The Board of Directors shall have the power and it shall Power of Board. be their duty: First. To reject or confirm as they may think best, the nominations of such subordinate officers, guards or keepers, as the Warden may present for their approval. Second. To appoint a Physician and Chaplain, or either of them as they may think necessary. Third. To adopt such by-laws and regulations for the government and management of the prison as they may deem expedient, not inconsistent with the laws of this State, or of the United States, and to enforce the observance of the same, or alter or amend them at their pleasure. Fourth. They shall require all such laws to be printed and posted up in conspicuous places in the prison, and a copy thereof to be furnished to each officer of the prison. Fifth. To enquire into any improper conduct of any officer or guard, and for that purpose they shall have power to issue subpænas, to compel the attendance of witnesses, and the production before them of papers, and shall have power to administer oaths, and to take affidavits and verbal testimony in all matters pertaining to the prison. Sixth. To remove from office any subordinate officer for misconduct, Seventh. To exercise a general control over the officers, prisoners, buildings, and business of the prison. Eighth. To make on or before the fifteenth day of January in each year, an annual report to the Legislature, of the state and condition of the prison, and of the convicts confined therein, embracing the county in which the conviction was bad, when committed, place of birth, (if known) name, age, sex, occupation, term of sentence, when the same has or will expire, and such other matters as may be of general interest, including a copy of the by-laws adopted for the government and regulation of the prison. Ninth. To make a quarterly report to the Governor of all moneys received during the quarter, and from what source received, how much thereof has been expended and for what purpose expended, and a certified copy of all contracts for work, or for the purchase of materials for the prison, or for the feeding and clothing of the prisoners therein.
Sec. 7. The directors may, if they deem best and most advan- Contracts. tageous for the interest of the State, cause the provisions and fuel for the use of the use) of the prison, to be supplied by contract, at a fixed price per day for each person connected with the prison ; or they may, at their option, authorize the Warden of the prison to furnish the rations by purchase ; said contracts shall not be for a longer term than Term of same. one year, and the articles of food and the quantities of each kind, shall be prescribed by the Directors, and be inserted in the contract. The officers necessarily residing at the prison, shall be supplied with fuel and provisions out of the stock supplied for the general use of the prison.
Sec. 8. The Board of Directors shall, as soon as practicable after Prison wall. the taking charge of the prison, cause to be commenced, and diligently prosecuted until finished, the erection of a wall around the prison house at San Quentin Point, of the following dimensions and description : The wall to enclose a square of five hundred feet on each side ; to be Description four feet thick at the base, twenty feet high, and two feet thick at the
top, and surmounted with a flat stone coping, six inches thick and three feet broad on top; the lower half of the wall ten feet high, to be built of rough rubble stone set in cement, and the upper half of brick set in mortar; the top of the wall shall be level, and the base shall be extended downwards to accommodate the inequalities of the natural sur. face of the bedrock ; there shall be a small guard tower erected at each corner of the wall; one large iron gate shall be made for entrance into the prison yard; the stone and brick shall be furnished by the prisoners, and as far as practicable, the prisoners shall be employed in laying up said wall.
THE DUTIES OF WARDEN.
SECTION 9. First. It shall be the duty of the Warden to reside at the prison ; and he shall have the entire control and management of the discipline, police and labor of the prison, subject to the rules and regulations adopted by the Board of Directors, and they [be] shall be held responsible for the manner in which the prison is conducted. Second. He shall have power to appoint all the subordinate officers of the prison, except the Physician and Chaplain, subject to the approval or rejection by the Board of Directors. Third. He shall give the necessary directions to the subordinate officers, and guards, and examine whether they have been diligent in the discharge of their duties. Fourth. He shall examine daily into the state of the prison, and into the health, condition and safe-keeping of the convicts; and inquire into the justice of any complaints made by the convicts relative to their provisions, clothing and treatment by the subordinate officers. Fifth. He shall keep a daily journal of the proceedings of the prison, in which he shall note every infraction of the rules and regulations, and every punishment inflicted on a convict and by whom, and all other important occurrences in the management of the prison. Such journal shall be kept open at all times to the examination of the Board of Directors. Sixth. He shall attend to the receipt and discharge of all prisoners, in accordance with the requirements of their commitments, and shall cause an exact record to be kept of the same, and an accurate description of the
prisoner to be noted by the Clerk. Moneys, etc.
Sec. 10. The Warden shall take charge of all money or other articles brought to the prison by convicts, and cause the same immediately on the receipt thereof to be entered by the Clerk among the receipts of the prison ; which money or other articles, wbenever the convict from whom the same was or were received, shall be dis
charged from prison, or the same shall be otherwise legally demanded, Return of same. shall be returned by the Warden to such convict or other person
legally entitled to receive the same. A separate account shall also by kept by the Clerk of all such money and other articles so received from convicts.
Sec. 11. Each officer or guard of the prison shall before entering upon the duties of his office, take and subscribe the oath of office provided by the Constitution of the State, which oath may be taken and subscribed before any officer duly authorized by law to administer an oath, and shall be filed with the Clerk of the County in which the prison is situated. The Warden shall give additional bonds in the sum of fifty thousand dollars, with two or more sureties, to be
Oath of office.
approved by the Governor, for the faithful performance of his duties as prescribed in this Act.
Sec. 12. No officer or guard of the prison shall be in any manner Oncers not to interested, directly or indirectly, in any contract for the employment of be interested. the convicts, or the supply of provisions, or the purchase of materials : Nor shall any officer of the prison employ the labor of any convict, or other person employed in prison on any work, building or farm in which such officer shall be interested.
Sec. 13. Any officer violating the provisions of the preceding sec- Penalty. tion of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof before any court of competent jurisdiction, shall be puniehed by fine of not exceeding five thousand dollars, or imprisonment in the County Jail not exceeding one year, or by both such fine and imprisonment, at the discretion of the court before wbom such person shall be tried and convicted. Sec. 14 Female prisoners shall not be employed in company
with male prisoners, but may be otherwise'employed, as the Warden may prisoners. direct, and said female prisoners shall be provided with separate aud distinct buildings, and receive their food separate and apart from the male prisoners.
Sec. 15. Whenever any prisoner or prisoners escape, it shall be the Reward. duty of the Governor to offer such reward for his or their apprehension and delivery to prison, as he in his judgment may think advisable, which reward may be audited and paid by the Controller upon the certificate of the Warden of the prison of the arrest and delivery of such escaped convict.
Sec. 16. All subordinate officers and employees who shall enter Subordinatos. into agreement with the Warden or Board of Directors, to perform any of the duties prescribed by this Act, shall give to the Warden at least two weeks' notice of any intention to quit the duties engaged in by him, and any such officer or employee who sball leave without giving such notice, shall, on conviction before any Justice of the Peace or other officer having competent jurisdiction, forfeit all pay then due him, and be forfeiture. confined in the County Jail not less than thirty days nor more than six months, and such fine as may be imposed by the Court, not exceeding five hundred dollars.
Sec. 17. The compensation of each Director shall be thirty-five compensation hundred dollars per year, which shall be in full for all services, includ- of Directors. ing mileage and contingencies. The compensation of the Physician of Physician shall be fixed by the Board of Directors, not exceeding twenty-five hundred dollars per year.
Of the Deputy Warden, eighteen hundred dollars per year. The Captain of the Guard, not to exceed one hundred Captain and and fifty dollars per month. Of the Lieutenant of the Guard, not to exceed one hundred dollars per month. And the monthly pay of all other subordinate officers shall be fixed by the Board of Directors, but Subordinates. shall in no case exceed that allowed to the Lieutenant of the Guard.
Sec. 18. The salaries of all the officers and employees may be paid Salaries—how monthly out of any funds in the Treasury of the prison, by au order from the Board of Directors, and any deficiency not provided for by funds in the Treasury of the prison, shall be audited and settled quarterly by the Controller of State, on the presentation of the proper vouchers by the Board of Directors, for which he is authorized to draw warrauts on the Treasurer of State, to be paid out of the “ General Fund.”
Sec. 19. The Governor and Controller, and Secretary of State, are Inspectors. constituted a Board of Inspectors of the State Prison, and shall, when.
ever they deem it necessary, visit the State Prison and examine into its affairs. They shall also have authority to alter the regulations of the prison,
and give direction for the management of its affairs to the Board of Directors.
Sec. 20. This Act shall take effect and be in force from and after the first day of May next, and the Directors shall take possession of the
prison property and convicts on the first day of June, eighteen hundred Acts conflicting. and fifty-five, and all Acts and parts of Acts heretofore passed, conflict
ing with the provisions of this Act, are hereby repealed.
Supplementary to an Act entitled "An Act to regulate Elections,"
passed March twenty-third, one thousand eight hundred and fifty.
[Approved May 7, 1855.)
The People of the State of California, represented in Senate and
Assembly, do enact as follows: Molesting
Section 1. Any person who shall directly or indirectly, secretly, ballot box, etc. by force, or otherwise, molest, injure, or destroy, or cause to be mo
lested, injured, or destroyed, any ballot box, while in use at any election authorized by law, or shall fraudulently insert or cause to be inserted, in said ballot box, or abstract, or cause to be abstracted any votes therefrom, or shall in any way maliciously get possession of, detain, mutilate, destroy or dispose of any returns of any elec
tion authorized by law, shall for each offense, upon conviction thereof, Tino,
be fined in any sum not exceeding two thousand dollars, to which may be added imprisonment in the County Jail not exceeding one year.
Concerning the State and County Treasurers,
(Approved May 7, 1855.)
to keep money.
The People of the State of California, represented in Senate and
Assembly, do enact as follows : Sec. 1. The State Treasurer and County Treasurers of the differ- Treasurers ent Counties of this State, are hereby required to keep all moneys belonging to this State, or to any county of this State, in their own possession; and they are hereby forbidden and prohibited from placing the same in the possession of Banker or Bankers, or Banking firm, or any person or persons whatever, to be used by them for any purpose, whatever, for their own benefit, or for the benefit of any other person; and they are further forbidden and prohibited from loaning, borrowing, or in any manner using the moneys belonging to this State, or any County of this State, or permit any other person or persons to use the same, either with or without interest, or other compensation, for any purpose whatever ; except as provided by law.
SEC. 2. If the State Treasurer or any County Treasurer shall violate Penalty. any of the provisions of section first of this Act, they shall be deemed guilty of felony, and upon conviction in a court of competent jurisdiction shall be sentenced to the State Penitentiary for a period not less than one year, nor more than five, at the discretion of the Judge presiding, or by fine not less than five hundred dollars, nor more than twenty thousand ; provided, nothing in this section shall betso construed as to prevent the County Treasurers from making special deposits for the safe keeping of the public moneys.