§ 1594. Bonds of officers and employees. All the bonds of officers and employees under this title shall be deposited with the secretary of state. Legislation §1594. Added by Stats. 1907, p. 594. See ante, Legislation Title I, for original code title, section, etc. § 1595. Rebuilding of buildings destroyed by fire. If any of the shops or buildings in which convicts are employed are destroyed in any way, or injured by fire or otherwise, they may be rebuilt or repaired immediately, under the direction of the board of directors, by and with the advice and consent of the governor, attorney-general, and secretary of state, and the expenses thereof paid out of any funds in the state treasury not otherwise appropriated by law. Legislation § 1595. Added by Stats. 1907, p. 594. See ante, Legislation Title I, for original code title, section, etc. § 1596. Reports. The board of directors must report to the governor from time to time the names of any and all persons confined in the state prisons who, in their judgment, ought to be pardoned out and set at liberty on account of good conduct, or unusual term of sentence, or any other cause, which, in their opinion, should entitle the prisoner to pardon. Legislation § 1596. Added by Stats. 1907, p. 594. See ante, Legislation Title I, for original code title, section, etc. Pen. Code 45 TITLE II. County Jails. County jails, by whom kept and for what used. Prisoners to be classified. Prisoners committed must be actually confined. Sheriff to receive prisoners committed by United States courts. ers. When jail in contiguous county may be used. Keeper of jail in contiguous county to receive prisoners. Prisoners may be removed in case of fire. § 1608. $1609. Prisoners may be removed in case of pestilence. § 1610. Guard for jail. § 1611. § 1612. $1613. § 1614. § 1615. Sheriff to receive all persons duly committed. Prisoners on civil process, when not to be received. Rules and regulations for the performance of labor. Credits § 1616. Care of femal prisoners in county jails. § 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 imprisonment therein upon a conviction for crime. School of industry at Ione, acts relating to: See post, Appendix, tit. "School of Industry." School of reform at Whittier, acts relating to: See post, Appendix, tit. "School of Reform." Legislation § 1597. Enacted February 14, 1872; based on Stats. 1851, p. 192. § 17, which read: "§ 17. The county jail shall be kept by the sheriff and used as a prison. 1st. For the detention of persons committed as witnesses in a criminal action. 2d. For the detention of persons committed for trial for a public offense. 3d. For the confinement of persons committed upon civil process: and 4th. For the confinement of persons sentenced to confinement therein. upon conviction for a public offense, or for examination, charged with having committed a public offense." § 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. Males and females to be separated: See post, § 1599. Legislation § 1598. Enacted February 14, 1872; based on Stats. 1851, p. 192, § 19, which read: "§ 19. The court of sessions of the county shall cause a county jail to be erected at the county seat, in case such jail has not been already erected,, or shall provide some suitable place for the safe-keeping of prisoners, which place, until the erection of a jail, is considered in this act as the county jail The county jail, or the place provided as such shall contain a sufficient number of rooms: 1st. For the confinement of persons committed for trial in criminal actions, separate and distinct from prisoners under sentence. 2d. For the confinement of prisoners under sentence. 3d. For the confinement of persons committed on civil process, or as witnesses in criminal actions, separate from those mentioned in the last two subdivisions." § 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. Legislation § 1599. Enacted February 14, 1872; in substance the same as Stats. 1851, p. 193, § 20. § 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. Legislation § 1600. Enacted February 14, 1872; in substance the same as Stats. 1851, p. 194, § 32. § 1601. Sheriff to receive prisoners committed by United States courts. The sheriff must receive, and keep in the county jail, any prisoner committed thereto by process or order issued under the authority of the United States, until he is discharged according to law, as if he had been committed under process issued under the authority of this state; provision being made by the United States for the support of such prisoner. Legislation § 1601. Enacted February 14, 1872; in substance the same as Stats. 1851, p. 196, § 41. § 1602. Sheriff or jailer answerable for safe-keeping of such prisoners. A sheriff, to whose custody a prisoner is committed, as provided in the last section, is answerable for his safe-keeping in the courts of the United States, according to the laws thereof. Legislation § 1602. Enacted February 14, 1872; in substance the same as Stats. 1851, p. 196, § 42. § 1603. When jail in contiguous county may be used. When there is no jail in the county, or when the jail becomes unfit or unsafe for the confinement of prisoners, the judge of the superior court may, by a written order filed with the county clerk, designate the jail of a contiguous county for the confinement of the prisoners of his county, or of any of them, and may at any time modify or vacate such order. [Amendment approved 1905; Stats. 1905, p. 709.] Legislation § 1603. 1. Enacted February 14, 1872; in substance the same as Stats. 1851, p. 193, § 21. When enacted in 1872, § 1603 read: "1603. When there is no jail in the county, or when the jail becomes unfit or unsafe for the confinement of prisoners, the county judge may, by a written appointment filed with the county clerk, designate the jail of a contiguous county for the confinement of the prisoners of his county, or of any of them, and may at any time modify or annul the appointment." 2. Amendment by Stats. 1901, p. 503; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 709. § 1604. Keeper of jail in contiguous county to receive prisoners. A copy of the appointment, certified by the county clerk, must be served on the sheriff or keeper of the jail designated, who must receive into his jail all prisoners authorized to be confined therein, pursuant to the last section, and who is responsible for the safe-keeping of the persons so committed, in the same manner and to the same extent as if he was sheriff of the county for whose use his jail is designated, and with respect to the persons so committed he is deemed the sheriff of the county from which they were removed. Legislation § 1604. Enacted February 14, 1872; in substance the same as Stats. 1851, p. 193, § 22. § 1605. When jail in contiguous county is not to be used. When a jail is erected in a county for the use of which the designation was made, or its jail is rendered fit and safe for the confinement of prisoners, the judge of the superior court of that county must, by a written revocation, filed with the county clerk thereof, declare that the necessity for the designation has ceased, and that it is revoked. [Amendment approved 1905; Stats. 1905, p. 710.] Legislation § 1605. 1. Enacted February 14, 1872; in substance the same as Stats. 1851, p. 193, § 23. 2. Amendment by Stats. 1901, p. 503; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 710, changing (1) "in the county" to "in a county," and (2) "county judge" to "judge of the superior court." § 1606. Prisoners to be returned to proper county. The county clerk must immediately serve a copy of the revocation upon the sheriff of the county, who must thereupon remove the prisoners to the jail of the county from which the removal was had. Legislation § 1606. Enacted February 14, 1872; in substance the same as Stats. 1851, p. 193, § 24. § 1607. Prisoners may be removed in case of fire. When a county jail or a building contiguous to it is on fire, and there is reason to apprehend that the prisoners may be injured or endangered, the sheriff or jailer must remove them to a safe and convenient place, and there confine them as long as it may be necessary to avoid the danger. Legislation § 1607. Enacted February 14, 1872; in substance the same as Stats. 1851, p. 193, § 25. § 1608. Prisoners may be removed in case of pestilence. When a pestilence or contagious disease breaks out in or near a jail, and the physician thereof certifies that it is liable to endanger the health of the prisoners, the county judge may, by a written appointment, designate a safe and convenient place in the county, or the jail in a contiguous county, as the place of their confinement. The appointment must be filed in the office of the county clerk, and authorize the sheriff to remove the prisoners to the place or jail designated, and there confine them until they can be safely returned to the jail from which they were taken. Legislation § 1608. Enacted February 14, 1872; in substance the same as Stats. 1851, p. 193, § 26. § 1609. Papers served on jailer for prisoner. A sheriff or jailer upon whom a paper in a judicial proceeding, |