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speedily after it is commenced as practicable; provided, that said board of state prison directors shall first order the erection of a suitable structure for the accommodation of not less than one hundred and fifty convicts within the inclosed prison-yard, the same to be in harmony with the general plan adopted for the construction of the branch prison at Folsom.
Sec. 3. The said board of directors shall, on or before the fifteenth day of April, A. D. eighteen hundred and seventy-four, cause to be published in a daily newspaper in the city and county of Sacramento, and city and county of San Francisco, for at least thirty days, a notice to receive plans and specifications, in detail, at a place specified therein, for the construction of a branch state prison, to be erected on the land and at the site hereinbefore mentioned in said Sacramento County, and upon the basis of accommodating not less than five hundred prisoners at one time. The notice shall also state the premium, not to exceed the sum of five hundred dollars, to be awarded to the architect whose plans and specifications for the same may be adopted.
Sec. 4. The said board of state prison directors, on or before the fifteenth day of June, A. D. eighteen hundred and seventy-four, shall adopt plans and specifications for said branch state prison, as aforesaid; and on or before the day last before mentioned, shall cause to be advertised in a daily newspaper published in the city and county of Sacramento, and in the city and county of San Francisco, for at least thirty days, a notice to receive sealed proposals and bids to construct and erect any part of said branch state prison, on the land and at the site aforesaid, in accordance with the plans and specifications which shall have been heretofore adopted by said board of state prison directors for the construction of the same, with the reserved right to reject any and all bids as being too high in price, and advertise anew. The said board of directors, on or before the fifteenth day of September, A. D. eighteen
hundred and seventy-four, must let to the lowest responsible bidder the contract to construct and erect such part of said prison structure as the said board of directors, in their discretion, may think proper, upon condition that such contractor or contractors execute a good and suffcient bond, in double the amount of his or their bids, to perform such contract of constructing and erecting any part of said prison structure in a skillful and workmanlike manner, and in conformity with the plans and specifications aforesaid, which bond shall be approved by the board of state prison directors.
Sec. 5. The board of state prison directors are hereby authorized to appoint a superintendent of said prison, who shall hold his office during the pleasure of the appointing power, and until his successor is appointed and qualified, whose duty it shall be to superintend and manage the construction and erection of said prison structure, under such rules and regulations as may be prescribed by the board of state prison directors, under the provisions of this act.
Sec. 6. The board of state prison directors are hereby authorized to cause to be erected, on said site mentioned in section one of this act, such temporary prison buildings, yard, and officers' quarters as they may deem necessary for the accommodation of the officers and guards, an the safe-keeping of the prisoners during the time they are employed in the erection of the said permanent prison buildings and wall, or prison structure.
Sec. 7. As soon as temporary quarters and buildings are erected, as provided in section six of this act, the board of state prison directors shall select a number of prisoners, not less than fifty nor more than five hundred, of the number who may be unemployed under contract, and cause them to be removed from the state prison at San Quentin to said prison near Folsom, and there to be confined and worked in the erection of said prison structure, and such other work and labor as the said
board of directors shall deem advantageous and proper, during the term or terms of their sentence to the state prison.
Sec. 8. The provisions of chapters one and two of title I, part III, of the Penal Code, are applicable to and made part hereof, substituting the words “branch state prison” for the words "state prison,” whenever occurring in said chapters. The appointment of a prison warden shall be a permanent appointment, and he shall not be removed from office except for good and sufficient cause.
Sec. 9. All material necessary to be purchased in the construction of said prison structure, and all supplies for the support and maintenance of said branch state prison, shall be by contract, and the board of directors shall cause to be published, in a newspaper published in the county, a notice to receive bids therefor, and let the same to the lowest responsible bidder, whenever such material or supplies are needed.
Sec. 10. All salaries paid to officers, guards, or skilled laborers, and all moneys expended for material, tools, or supplies, used in the construction of said branch state prison buildings and wall, and in the support and maintenance of said prison, shall be drawn from the state treasury, in the same manner as moneys are now drawn therefrom for the support and maintenance of the state prison at San Quentin; and the board of directors shall cause to be kept a correct account, in detail, of all moneys secured and disbursed by them in the building, support, and management of said branch state prison, and shall on or before the first day of November in each year, make a full report to the governor, showing in detail all the transactions cornected with the construction, management, support, and maintenance of said prison, and of the working and conducting of the convicts therein confined.
Sec. 11. The board of directors shall collect, or cause to be collected, and receive all moneys due for work and
labor furnished to any parties at or from said prison, or from the lease of the labor of convicts therein confined, and pay the same into the state treasury, and take the treasurer's receipt therefor; and it shall be the duty of the state treasurer to place the same in a fund, to be known as the "Folsom branch state prison fund," which, together with all moneys appropriated or obtained by the assessment and levy of taxes upon the value of property for the building, support, and maintenance of said prison, shall be subject to orders of said board of directors, to be disbursed in the support of said branch state prison.
Sec. 12. The sum of one hundred and seventy-five thousand dollars is hereby appropriated out of any moneys in the state treasury not otherwise appropriated, for the purpose of carrying out the provisions of this act, and the state treasurer is hereby directed and required to place the same in the Folsom branch state prison fund, subject to orders for disbursement as hereinbefore provided. Neither the board of state prison directors mentioned in section one of this act, nor any one acting under or for said board, shall incur or create any debt or debts, liability or liabilities, under the provisions of this act; nor shall they make any contract or agreement in relation to the building and construction of the branch state prison provided for in this act, the completion and fulfillment of which will exceed the appropriation made in this section, or the balance of such appropriation unexpended at the time such contract or agreement is entered into. Any violation of the foregoing provisions shall be a misdemeanor, and all such contracts and agreements shall be void.
Sec. 13. All acts and parts of acts, so far as the same are in conflict with the provisions of this act, are hereby repealed.
Sec. 14. This act shall take effect and be in force from and after its passage and approval.
In addition to the above legislation, the following acts may be referred to:
An act to provide for the completion of the branch state prison at Folsom, approved April 1, 1878; 1877-8, 884.
An act to provide for the speedy completion of the branch state prison at Folsom, approved April 12, 1880; 1880, 39 (Ban. ed. 191).
An act to provide for the erection of a wall at the state prison at Folsom, approved March 13, 1883; 1883, 295.
An act to appropriate the sum of thirty-four thousand four hundred and nineteen dollars and forty cents, to pay the amount found by the sixth judicial court to be due M. Miles and his sureties for work done under contract, in building the state prison at Folsom, approved March 10, 1885; 1885, 79.
An act providing for the erection and operation of rock
crushing plants at the state prisons, for the preparation of highway material for the benefit of the people of the state, and providing for the necessary advances and appropriation of money to carry out said work.
[Approved March 28, 1895. Stats. 1895, 274.] Section 1. The governor of the state, the state prison directors, and the bureau of highways (or if the latter shall not be established, then and in that case the two first named) shall when satisfied that fifty thousand cubic yards of prepared road or highway metal, as hereinafter de. scribed, will be taken for highway purposes, purchase, establish, and operate at one or both of the state prisons, a rock or stone crushing plant, to be operated by convict labor and by the application of power under control of the state prison directors, and with such free labor as is necessary for superintendence and direction, to crush rock or stone into road metal for highway purposes, of different and necessary degrees of fineness; provided, that the authority and direction hereby and herein conferred and given, shall not be exercised or employed until the governor and the state prison directors are satisfied that