two months in each of the first two years, four months in each of the next two years, and five months in each of the remaining years of said term; provided, that any such convict who shall commit an assault upon his keeper, or any foreman, officer, or convict, or otherwise endanger life, or by any flagrant disregard of the rules of the prison, or any misdemeanor whatever, shall forfeit all deductions of time earned by him for good conduct before the commission of such offense; such forfeiture, however, shall only be made by the board of directors, after due proof of the offense, and notice to the offender; nor shall such forfeiture be imposed when a party has violated any rule or rules without violence or evil intent, of which the directors shall be the sole judges. The name of no convict who attempts to escape, after the passage of this act, shall be sent by the state prison officials to the governor for the commutation herein provided; provided further, that of those prisoners entitled to their discharge at the date of the passage of this act, by virtue of the provisions hereof, not more than one shall be discharged on any one day, and the discharges shall be made in the order in which they would have occurred if this act had been passed, April, eighteen hundred and sixty-four. En. February 14, 1872. Am'd. 1877-8, 124. Cal.Rep.Cit. 76, 516. § 1591. Credits, when forfeited. The rule of commutation fixed in the preceding section is to be so applied as that any refusal to labor, a breach of the prison rules, or other misconduct, works a forfeiture of the credits of time thus earned, or such part of it as the warden or resident director may determine, subject to confirmation or rejection by the board of directors, on appeal by the prisoner. Unless the board, on appeal, at its first session thereafter, rejects the forfeiture, it is confirmed. Credits once forfeited cannot be restored except by the board, and then only when circumstances render such restoration urgently necessary. The above provisions ap ply to all persons now imprisoned in the state prison, and the commutation must be computed from April fourth, A. D. eighteen hundred and sixty-four. En. February 14, 1872. § 1592. Board to make rules and regulations. The board may make such rules and regulations as may be necessary to carry into effect the provisions of this chapter, and may declare and establish a proper scale or rate of debits and credits for good conduct or misconduct, which shall accompany the rules of discipline of the prison, and, in a book to be kept for that purpose, must cause to be entered up, at the end of each month, the result of credits to which each prisoner may be entitled, and on the first day of each month announce such result to the prisoners. Every contractor employing convict labor must keep a similar record of the conduct of all prisoners employed by him, and submit the same for inspection to the board at the end of each month, who must take the same into consideration in making up their decision. En. February 14, 1872. § 1593. Board, when to report credits to governor. At the end of every month the board must report to the gov ernor of this state the names of all prisoners whose terms of imprisonment are about to expire by reason of the benefits of this chapter, giving in such report the terms of their sentences, the date of imprisonment, the amount of total credits to the date of such report, and the date when their service would expire by limitation of sentence. The governor, at the expiration of the term for which any prisoner has been sentenced, less the number of days allowed and credited to him, must order the release of such prisoner, by an order under his hand, addressed to the warden of the prison, in such mode and form as he may deem proper, and with or without restoration to citizenship, according to his discretion. En. February 14, 1872. § 1594. Further powers of the board. The board must grant and enter up in favor of such prisoners whom they may deem worthy, by reason of good conduct and industry, during the twelve months prior to the fourth day of April, A. D. eighteen hundred and sixty-four, the credits authorized by section fifteen hundred and ninety, not exceeding thirty days, the same to be deducted from the term of their imprisonment. En. February 14, 1872. § 1595. Recommendations for pardon reported to legislature. The board must report to the legislature, at each regular session, the names of any persons confined in the state prison, who, in their judgment, ought to be pardoned and set at liberty on account of good conduct or unusual terms of sentence, or any other cause which, in their opinion, should entitle such prisoners to a pardon. Whenever the legislature, by a majority of both houses, recommend to the governor that any or all of the persons reported be pardoned by him, he may thereupon pardon such prisoners. En. February 14, 1872. Acts relating to state prisons: See post, Appendix, title State Prisons. School of industry, acts relating to: See post, Appendix, title School of Industry. School of reform, acts relating to: title School of Reform. See post, Appendix, § 1597. § 1598. § 1599. § 1600. § 1601. § 1602. § 1603. § 1604. TITLE II. OF COUNTY JAILS. County jails, by whom kept and for what used. Prisoners to be classified. Prisoners committed must be actually confined. Prisoners may be removed in case of fire. Prisoners may be removed in case of pestilence. § 1605. § 1606. § 1607. § 1608. § 1609. § 1610. Guard for jail. § 1611. § 1612. § 1613. Sheriff to receive all persons duly committed. Prisoners on civil process, when not to be received. § 1614. Rules and regulations for the performance of labor. § 1597. County jails, by whom kept and for what used. The common jails in the several counties of this state are kept by the sheriffs of the counties in which they are respectively situated, and are used as follows: 1. For the detention of persons committed in order to secure their attendance as witnesses in criminal cases. 2. For the detention of persons charged with crime and committed for trial. 3. For the confinement of persons committed for contempt, or upon civil process, or by other authority of law. 4. For the confinement of persons sentenced to im prisonment therein upon a conviction for crime. En. February 14, 1872. Cal Rep.Cit. 78, 306. Acts relating to house of correction: See post, Appendix, title House of Correction. School of industry at Ione, acts relating to: See post, Appendix, title School of Industry. School of reform at Whittier, acts relating to: See post, Appendix, title School of Reform. § 1598. Rooms required in county jails. Each county jail must contain a sufficient number of rooms to allow all persons belonging to either one of the following classes to be confined separately and distinctly from persons belonging to either of the other classes: 1. Persons committed on criminal process and detained for trial. 2. Persons already convicted of crime and held under sentence. 3. Persons detained as witnesses or held under civil process, or under an order imposing punishment for a contempt. 4. Males separately from females. 1872. En. February 14, Males and females to be separated: See next section. § 1599. Prisoners to be classified. Persons committed on criminal process and detained for trial, persons convicted and under sentence, and persons committed upon civil process, must not be kept or put in the same room, nor shall male and female prisoners (except husband and wife) be kept or put in the same room. En. February 14, 1872. § 1600. Prisoners committed must be actually confined. A prisoner committed to the county jail for trial or for examination, or upon conviction for a public offense, must be actually confined in the jail until he is legally discharged; and if he is permitted to go at large out of the jail, except by virtue of a legal order or process, it is an escape. En. February 14, 1872. Cal.Rep.Cit. 97, 242. 1601. Sheriff to receive prisoners committed by courts. The sheriff must receive and keep in the county jail, any prisoner committed thereto by process or order |