STANFORD LIRRARIFS for the private and personal use of any state officer, or officer, or employee, of any state institution; provided, that this act shall not prevent repairing of any kind nor the employment of such inmates in household or domestic work connected with such institution. SEC. 2. All acts or parts of acts in conflict with this act are hereby repealed. SEC. 3. This act shall take effect on and after its passage. [Stats. 1903, p. 210.] Unlawful employment of federal prisoners, see act of February 23, 1887, page 93. Working prisoners on public roads. SECTION 1. The state prison directors of the State of California are hereby authorized and directed to employ at least twenty prisoners daily, during fair weather, in the construction and repair of such public roads as have been or shall hereafter be laid out or opened by the board of supervisors of Marin county, and which extend from San Quentin state prison, or the grounds surrounding the same, to Point Tiburon, San Rafael, and all railroad stations in Marin county which lie in the neighborhood of the said state prison; providing, that no work shall be done by such prisoners beyond a point six miles distant from said prison buildings; and also to employ at least twenty prisoners under like conditions on roads extending from the state prison at Folsom in Sacramento county or connecting therewith; providing, that no work shall be done by such prisoners beyond a point six miles distant from said prison building. SEC. 2. This act shall take effect and be in force from and after its passage. [Stats. 1903, p. 127.] Treatment of prisoners-General rules therefor. SEC. 1587. In the treatment of the prisoners the following general rules shall be observed: Each convict shall be provided with a bed of straw or other suitable material, and sufficient covering of blankets, and shall be supplied with garments of coarse, substantial material, of distinctive manufacture, and with sufficient plain and wholesome food of such variety as may be most conducive to good health. * * *[Pen. Code.] PRISON LAWS OF CALIFORNIA. ishment to be under direction of wardens. 101 cond-No punishment shall be inflicted except by the order under the direction of the wardens. [Pen. Code. ] ts over persons enumerated. c. 37. The state has the following rights over persons In its limits, to be exercised in the cases and in the manner ded by law: To punish for crime; To imprison or confine for the protection of the public To imprison or confine for the purpose of enforcing civil To establish custody and restraint for the persons of idiots, To establish custody and restraint of minors unprovided To require services of persons with or without compensaIn military duty; in jury duty; as witnesses; as town or officers; in highway labor; in maintaining the public in enforcing the service of process; in protecting life and ty from fire, pestilence, wreck and flood; and in such other as are provided by statute. [Pol. Code.] of convict protected. 676. The person of a convict sentenced to imprisonn the state prison is under the protection of the law, and jury to his person, not authorized by law, is punishable same manner as if he was not convicted or sentenced. Code.] This statute construed not to impair section 674 as aking away the right of inheritance of a person imprisned for life, but strengthening it by showing that but or this provision civil death of the felon would extend O the cases there named: 125 Cal. 417. nity to prisoners. 147. Every officer who is guilty of willful inhumanity ession toward any prisoner under his care or in his cus STANFORD LIBRARIES tody, is punishable by fine not exceeding two thousand dollars, and by removal from office. [Pen. Code.] Unnecessary violence by officers in making arrests renders them liable for assault and battery: 21 Fed. Rep. 662. Handcuffing does not constitute unnecessary roughness, and it is not necessary that the prisoner should be unruly or attempt to escape before he can be handcuffed: Mich. 377. Cruel treatment of lunatics. 71 SEC. 361. Every person guilty of any harsh, cruel or unkind treatment of, or any neglect of duty, towards any idiot, lunatic, or insane person, is guilty of a misdemeanor. [Pen. Code.] Forfeiture. SEC. 677. No conviction of any person for crime works any forfeiture of any property, except in cases in which a forfeiture is expressly imposed by law; and all forfeitures to the people of this state, in the nature of a deodand, or where any person shall flee from justice, are abolished. [Pen. Code.] A deodand.-Any personal chattel which is the immediate occasion of the death of any reasonable creature was formerly forfeited to the king to be applied to pious uses: Abbott's Law Dictionary. Life imprisonment does not divest the prisoner of property owned by him at that time: 125 Cal. 417. Assaults, etc., by officers, under color of authority. SEC. 149. Every public officer who, under color of authority, without lawful necessity, assaults or beats any person, is punishable by fine not exceeding five thousand dollars, and imprisonment in the county jail not exceeding five years. [Pen. Code.] False imprisonment defined. SEC. 236. False imprisonment is the unlawful violation of the personal liberty of another. [Pen. Code.] Every confinement of a person is imprisonment, even by detaining one in the public streets: 12 Ark. 43. Persons assisting an officer in an arrest and imprisonment under a void warrant are guilty of false imprisonment: 12 Ark. 43. Punishment of false imprisonment, see Penal Code, sec. 237. C. CRIMES BY CONVICTS. Crimes at state prison. SECTION 1. The costs and expenses of all trials which have heretofore been had in the county in this state where the state prison is situated, for any crime committed by any convict in the state prison, and the costs of guarding and keeping such convict, and the execution of the sentence of said convict by said county and the costs and expenses of all trials heretofore had for the escape of any convict from the state prison, and the costs and expenses of all coroner inquests heretofore had of any convict at the state prison by the county where said prison has been situated, shall be certified to by the county clerk of said county wherein said trials and inquests have been held to the board of state prison directors for their approval, and after such approval they shall pay the same out of the money appropriated for the support of the state prison to the county treasurer of said county where said trials have been had; provided, that this act shall not apply to any costs or expenses incurred since January first, eighteen hundred and seventy-three. SEC. 2. This act shall only apply to cases which have not been settled for by the state. [Stats. 1880, p. 43.] Attack with deadly weapon by life-timer. SEC. 246. Every person undergoing a life sentence in a state prison of this state, who, with malice aforethought, commits an assault upon the person of another with a deadly weapon or instrument, or by any means or force likely to produce great bodily injury, is punishable with death. [Pen. Code.] Assault defined. SEC. 240. An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. [Pen. Code.] See 8 Cal. 547; 27 Cal. 630; 59 Ind. 300; 39 Miss. 524; 33 Tex. 517. Assaults; how punished, see Penal Code, sec. 241. Assault with intent to commit a felony. SEC. 220. Every person who assaults another with intent to commit rape, the infamous crime against nature, mayhem, robbery, or grand larceny, is punishable by imprisonment in the STANFORD LIBRARIES state prison not less than one nor more than fourteen years. [Pen. Code.] Assault with intent to commit murder, see Penal Code, ⚫ sec. 217. Assault with a deadly weapon, see Penal Code, sec. 245. Battery defined. SEC. 242. A battery is any willful and unlawful use of force or violence upon the person of another. [Pen. Code. ] Battery; how punished, see Penal Code, sec. 243. Exhibiting deadly weapon in rude, etc., manner, or using the same unlawfully. SEC. 417. Every person who, not in necessary self-defense, in the presence of two or more persons, draws or exhibits any deadly weapon in a rude, angry, and threatening manner, or who, in any manner unlawfully uses the same, in any fight or quarrel, is guilty of a misdemeanor. [Pen. Code.] Resisting public officers in discharge of their duties. SEC. 148. Every person who willfully resists, delays, or obstructs any public officer, in the discharge or attempt to discharge any duty of his office, when no other punishment is prescribed, is punishable by fine not exceeding five thousand dollars, and imprisonment in the county jail not exceeding five years. [Pen. Code.] Refusing to aid officers in arrest. SEC. 150. Every male person above eighteen years of age who neglects or refuses to join the posse comitatus or power of the county, by neglecting or refusing to aid and assist in taking or arresting any person against whom there may be issued any process, or by neglecting to aid.and assist in retaking any person who, after being arrested or confined, may have escaped from such arrest or imprisonment, or by neglecting or refusing to aid and assist in preventing any breach of the peace, or the commission of any criminal offense, being thereto lawfully required by any sheriff, deputy sheriff, coroner, constable, judge, or justice of the peace, or other officer concerned in the administration of justice, is punishable by fine of not less than fifty nor more than one thousand dollars. [Pen. Code.] Duty of a citizen to obey is absolute when he is duly summoned by an officer, having lawful authority, to assist in making an arrest, and can not be refused because it involves personal safety. |