Records in office of governor.

SEC. 382. The governor must cause to be kept the following

records:

1. A register of all applications for pardon or for commutation of any sentence, with a list of the official signatures and recommendation in favor of each application;

* ** *

5. A record of all persons confined in the state prison, showing the name of the convict, his age, and general appearance, when and where convicted, and of what crime, the time of his sentence, and when such time expires. [Pol. Code.]

C. PRISON DIRECTORS.

Prison directors, appointment and term of office.

SECTION 1. There shall be a state board of prison directors, to consist of five persons to be appointed by the governor, with the advice and consent of the senate, who shall hold office for ten years, except that the first appointed shall in such manner as the legislature may direct, be so classified that the term of one person so appointed shall expire at the end of each two years during the first ten years, and vacancies occurring shall be filled in like manner. The appointee to a vacancy occurring before the expiration of a term shall hold office only for the unexpired term of his predecessor. The governor shall have the power to remove either of the directors for misconduct, incompetency, or neglect of duty, after an opportunity to be heard upon written charges. [Const. Cal., Art. X.]

Powers and duties of prison directors.

SEC. 2. The board of directors shall have the charge and superintendence of the state prisons, and shall possess such powers and perform such duties, in respect to other penal and reformatory institutions of the state, as the legislature may prescribe. [Const. Cal., Art. X.]

Prison officers.

SEC. 3. The board shall appoint the warden and clerk, and determine the other necessary officers of the prisons. The board shall have power to remove the wardens and clerks for misconduct, incompetency, or neglect of duty. All other officers and employees of the prisons shall be appointed by the warden thereof, and be removed at his pleasure. [Const. Cal., Art. X.]

Compensation of prison directors.

SEC. 4. The members of the board shall receive no compensation, other than reasonable traveling and other expenses incurred while engaged in the performance of official duties, to be audited as the legislature may direct. [Const. Cal., Art. X.]

Directors; number; term of office; vacancies; oath of office.

SEC. 1573. For the government and management of the state prisons there shall be appointed by the governor, by and under the advice of the senate, five directors, who shall hold their office for the term of ten years, from and after the date of such appointment; such appointments to be made as vacancies occur in the board. In case of death or resignation of a director his successor shall be appointed to fill the unexpired term of such director by the governor, by and with the advice of the senate. Each director shall subscribe an oath of office, which shall be indorsed on his commission, within ten days after receiving written notice of such appointment, and a duplicate of such oath shall also be filed with the secretary of state. [Pen. Code.] President of board of directors.

SEC. 1574. The board of directors shall annually elect one of their members president of the board, whose duty it shall be to preside at the meetings of the board and to perform such other duties as may from time to time be prescribed by the rules and regulations for the government of the board, and the clerk of said board of directors shall immediately notify the governor in writing of such election. [Pen. Code.]

Quorum.

SEC. 1575. Three members of the board shall constitute a quorum for the transaction of all business, but no order of the board shall be valid unless concurred in by three or more members. [Pen. Code.]

Duties of directors.

SEC. 1576. It shall be the duty of the directors to determine the necessary officers and employees of the prisons other than those of the wardens and clerks, specifying their duties severally, and fixing their salaries; to prescribe rules and regulations for the government of the prisons, and to revise and change the same from time to time as circumstances may require, and to board

and lodge the officers and employees, or allow them a mo commutation in lieu thereof; provided, the warden may m temporary rules, in cases of emergency, to remain in force u the succeeding meeting of the board. At least three of directors shall visit the prisons once in each month, and ofte if necessary, at such time as they may select. The direct shall audit all claims for supplies, services, and expenses of cers and employees, and all other demands against the prison Second-To enter or cause to be entered on their journal the clerks all official acts which shall be signed by at least th members of the board.

Third-On or before the first day of December of each y to report to the governor the condition of the prisons, toget with detailed statements of receipts and expenditures, and s suggestions concerning the prisoners as may appear to be nec sary and expedient.

Fourth-The board of directors shall also adopt rules a regulations not inconsistent with the constitution and the la of the State of California for the government of the board, a may change the same at their pleasure.

Fifth-The board of directors shall have power to establ an office in San Francisco, and employ a secretary. [Pen. Cod

Annual report of board of directors.

SEC. 1593. There shall be printed annually for the use of t prisons five hundred copies of the annual report of the boa of directors, and the clerk shall annually transmit to each of t state prisons in the United States one copy of such report. [P Code.]

Power of directors in regard to sale of jute, see sta 1909, chap. 182, p. 280.

D. WARDENS.

Appointment of wardens.

SEC. 1577. The board of directors shall, within thirty day after this act becomes effective, appoint a warden for ea prison, who shall take and subscribe an oath or affirmatio faithfully to discharge the duties of his office, as prescribed b law and by the rules and regulations of the board of director and shall enter into a bond to the State of California, in th sum of twenty-five thousand dollars, with two or more sufficien

ties, said bond to be approved by the board of directors, the rnor, and the attorney general of the state, conditioned to faithful performance of such duties as such officer aforeEach warden shall hold his office for a term of four years and after the date of the appointment made in compliance the provisions of this section, and his compensation shall ted at the time of his appointment in conformity with proas of section fifteen hundred and eighty-two of the Penal [Pen. Code.]

s of wardens.

. 1578. The wardens shall reside at the state prisons to they are respectively assigned in houses provided and hed at the expense of the state, as may be ordered by the of directors, and it shall be their duty:

t—To fill all subordinate positions that may be created
er of the board of directors by appointment of suitable
s thereto.

nd-Under the order and direction of the board to prose-
Il suits at law or in equity that may be necessary to pro-
he rights of the state in matters or property connected
he prisons and their management, such suits to be prose-
n the name of the board of state prison directors.
d—To supervise the government, discipline, and police
prisons, and to enforce all orders and regulations of the
in respect to such prisons. A registry of convicts shall
t by them respectively, in which shall be entered the
of each convict, the crime of which he is convicted, the
of his sentence, from what county sentenced, by what
sentenced, his nativity, to what degree educated, at what
tion and under what system, an accurate description of
son, and whether he has been previously confined in a
rison in this or any other state, and if so, when and how
discharged.

-th-To report to the governor before the twentieth of
onth the names of all prisoners whose terms are about to
giving in such report the terms of their sentences, the
imprisonment, the amount of total credits to the date
à report, and the date when their service would expire
tation of sentence.

—To grade and classify the prisoners in accordance with

Deputies and subordinate officers.

SEC. 876. All assistants, deputies and other subordinate of cers, whose appointments are not otherwise provided for, mu be appointed by the officer or body to whom they are respective subordinate. [Pol. Code.]

Powers of deputy.

SEC. 865. In all cases not otherwise provided for, ead deputy possesses the powers and may perform the duties attach by law to the office of his principal. [Pol. Code.]

H

The deputy of an executive officer is an assistant an empowered by law to act in the name of the officer. is appointed by the principal officer, but his authority derived from the statute which permits his appointmen He is not the private agent of the individual who hold the office: 64 Cal. 213.

The death of the principal does not terminate the autho ity of the deputy: 18 John. (N. Y.) 120. The name of th principal must be used by the deputy in performing offici acts: 5 Cal. 449; 23 Cal. 401.

Oath of deputies.

SEC. 910. Deputies, clerks, and subordinate officers mus within ten days after receiving notice of their appointmen take and file an oath in the manner required of their pri cipals. [Pol. Code.]

As to retaining wages and salaries, see page 40: Stat 1871-2, p. 901, Pen. Code, sec. 74a. As to taking reward for deputation, see page 40: Pen. Code, sec. 74.

F. STATE BOARD OF CHARITIES AND CORRECTIONS Number of members-Term of office-Qualifications-Vacan cies, how filled.

SECTION 1. A state board of charities and corrections i hereby created of six members, to be appointed by the governo with the advice and consent of the senate, not more than thre of whom shall be of the same political party. Such member shall hold office for the period of twelve years and until thei successors are appointed and qualified; provided, that the mem bers of the first board appointed under this act shall, at thei first meeting, so classify themselves by lot that two of them shall go out of office at the end of four years, two at the en of eight years, and two at the end of twelve years, and ar