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STANFORD LIBRARIES

orderly, and peaceable manner the duties assigned to him, shall
be allowed from his term, instead and in lieu of the credits here-
tofore allowed by law, a deduction of 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, and pro
rata for any part of the year, where the sentence is for or more
or less than a year. The mode of reckoning credits shall be as
shown in the following table:

Credi

For

of 18

Erect

ation

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Two

3 years

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4 months 1 year and 8 months
.8 months 2 years and 4 months
1 year

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2 months 2 months

2 months

4 months
4 months

5 months

First year.
Second year..
Third year.
Fourth year..
Fifth year.
Sixth year
Seventh year
Eighth year
Ninth year.
Tenth year.

1 year and 5 months 3 years and 7 months
4 years and 2 months
4 years and 9 months
5 years and 4 months
5 years and 11 months
6 years and 6 months

5 months 1 year and 10 months
5 months 2 years and 3 months
5 months 2 years and 8 months
5 months 3 years and 1 month
5 months 3 years and 6 months

Thre

Four

Four

Five

Five

Six

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And so on, through as many years as may be the term of the
sentence. Each convict shall be held entitled to these deduc-
tions, unless the board of directors shall find that for miscon-
duct or other cause he should not receive them.
convict shall commit any assault upon his keeper, or any fore-
man, officer, convict, or person, or otherwise endanger life, or
shall be guilty of any flagrant disregard of the rules of the
prison, or commit any misdemeanor, or in any manner violate
any of the rules and regulations of the prison, he shall forfeit
all deductions of time earned by him for good conduct before the
commission of such offense, or that, under this section, he may
earn in the future, or shall forfeit such part of such deductions
as to the board of directors may seem just; such forfeiture,
however, shall be made only by the board of directors after
due proof of the offense and notice to the offender; nor shall
any 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 board shall have power to restore
credits forfeited, for such reasons as by them may seem proper.
[Pen. Code.]

Fifte

Fifte

Sixte

Sixt

Seve

Seve

Eigh

Eigh

Credits to convicts, by statute.

For good behavior and faithful observance of the rules of the prison, the following credits are given to convicts by the statute of 1889. Any portion of the credits may be taken away by the directors in case of violation of the provisions of the law or regulations.

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SEC. 12. The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded. [Code Civil Procedure.]

American Tables of Mortality can not be basis for determining length of sentence: 138 Cal. 159.

When an appeal is taken after one day's imprisonment under sentence, term for the balance begins to run on the day of the affirmance of judgment: 86 Cal. 439.

When sentenced and released on bail, pending an appeal, there is not, during such release, an imprisonment such as to entitle one to be discharged from execution: 41 Cal. 209. See, also, 90 Cal. 208.

Unauthorized release, without discharge, in due course of law, is technical escape: 90 Cal. 208.

This section is repeated in section 12 of the Political Code.

Time, how computed: Pol. Code, sec. 3255.

Month defined: Pol. Code, sec. 17, subd. 4; also in Penal Code, Sec. 7, subd. 13.

Leap year defined: Pol. Code, sec. 3256.

The year and its parts.

SEC. 3257. The term "year" means a period of three hun

dred and sixty-five days.

* **

The added day of a leap

year, and the day immediately preceding if they occur in any such period, must be reckoned together as one day.

SEC. 3258.
SEC. 3259.

A week consists of seven consecutive days.

A day is the period of time between any midnight and the midnight following. [Pol. Code.]

Fractions of a day are not regarded in law, unless justice requires it or where order of successive events is to be ascertained: 104 Cal. 515.

Certain acts not to be done on a holiday.

SEC. 13. Whenever any act of a secular nature, other than a work of necessity or mercy, is appointed by law or contract to be performed upon a particular day, which day falls upon a holiday, such act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed. [Pol. Code.]

Legal holidays.

SEC. 7. Holidays, within the meaning of this code, are every Sunday, the first day of January, the twenty-second day of February, the thirtieth day of May, the fourth day of July, the ninth day of September, the first Monday in September, the twelfth day of October, to be known as "Discovery Day," the twenty-fifth day of December, every day on which an election is held throughout the state, and every day appointed by the president of the United States, or by the governor of the state, for a public fast, thanksgiving or holiday. If the first day of January, the twenty-second day of February, the thirtieth day of May, the fourth day of July, the ninth day of September, the twelfth day of October, or the twenty-fifth day of December fall upon a Sunday, the Monday following is a holiday.

Every Saturday from twelve o'clock noon until twelve o'clock midnight is a holiday as regards the transaction of business in the public offices of this state, and also in political divisions thereof where laws, ordinances or charters provide that public offices may be closed on holidays; provided, this shall not be construed to prevent or invalidate the issuance, filing, service, execution or recording of any legal process or written instrument whatever on such Saturday afternoons. [Civil Code.]

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