CHAPTER V. MISCELLANEOUS PROVISIONS RESPECTING SPECIAL PROCEEDINGS OF A CRIMINAL NATURE. SECTION 1562. Parties to special proceedings, how designated. 1563. Entitling affidavits. 1564. Subpoenas. 1562. The party prosecuting a special proceeding of a crimnal nature is designated in this code as the complainant, and the adverse party as the defendant. 1563. The provisions of section 1401, in respect to entitling affidavits, are applicable to such proceedings. 1564. The courts and magistrates before whom such proceedings are prosecuted may issue subpoenas for witnesses, and punish their disobedience in the same manner as in a criminal action. TITLE XIII. PROCEEDINGS FOR BRINGING PERSONS IMPRISONED IN THE STATE PRISON, OR THE JAIL OF ANOTHER COUNTY, BEFORE A COURT. SECTION 1567. Persons imprisoned in the state prison or the jail of another county, how brought before a court. 1567. When it is necessary to have a person imprisoned in the state prison brought before any court, or a person imprisoned in a county jail brought before a court sitting in another county, an order for that purpose may be made by the court and executed by the sheriff of the county where it is - made. TITLE XIV. DISPOSITION OF FINES AND FORFEITURES. SECTION 1570. Fines and forfeitures, how disposed of. 1570. All fines and forfeitures collected in any court, except police courts, must be applied to the payment of the costs of the case in which the fine is imposed or the forfeiture incurred; and after such costs are paid, the residue must be paid to the county treasurer of the county in which the court is held. [Amendment, approved March 30, 1874; in effect July 1, 1874. [The foregoing amendment and the other amendments and new sections to the Penal Code, passed at the twentieth session of the legislature (1873-4), are taken from "An act to amend the Penal Code," approved March 30, 1874. Amendments 1873-4 419. The amendatory act contained two other sections, in reference to the effect of the new provisions, as follows:] SEC. 88. All provisions of law inconsistent with the provisions of this act are repealed, except as to offenses committed before this act takes effect, and as to such offenses, and for the punishment of parties guilty thereof, the repealed provisions shall continue in force. SEC. 89. This act shall take effect on the first day of July, 1874. PART III. OF THE STATE PRISON AND COUNTY JAILS. TITLE I. OF THE STATE PRISON AND THE DISCHARGE OF PRISONERS THEREFROM BEFORE THEIR TERM OF SERVICE EXPIRES. CHAPTER I. OF THE STATE PRISON, §§1573-1587. II. OF THE DISCHARGE OF PRISONERS BEFORE THE Ex- CHAPTER I. OF THE STATE PRISON. SECTION 1573. Under the charge and control of a board of directors. 1574. President pro tem. of senate, when to act as director, etc. 1575. Compensation of directors. 1576. Board must adopt rules and regulations. 1577. Board may appoint warden and other officers. 1578. Duties of clerk and other officers. 1579. Monthly reports of officers. 1580. Board must keep account of the funds received, etc., and report to the governor. 1581. Persons convicted of offenses against the United States to be received in the prison. 1582. Disposition of insane prisoners. 1583. State prison fund. 1584. State prison fund, how disbursed. 1585. Board can not contract debts. 1586. Compensation of sheriffs for transportation of convicts. 1573. The state prison is under the charge, control, and superintendence of a board of directors, consisting of the governor, lieutenant governor, and secretary of state. 1574. In case of a vacancy in the office of lieutenant governor, the president pro tem. of the senate may perform the duties and receive the compensation provided for the lieutenant governor. 1575. The board of directors are to receive the sum of seventy five dollars per month, each, for expenses incurred by them; in addition to which the lieutenant governor is paid the sum of ten dollars per day for each day's services rendered in the performance of any duty at the prison. 1576. The board must adopt rules and regulations for the discipline of prisoners and the government of the prison, which rules must be printed, and copies thereof furnished to every officer appointed by the board. 1577. The board may appoint a warden, clerk, and such other officers as may be necessary for the management and safe keeping of the prisoners. 1578. The clerk must keep a record of the transactions of the board, and he and the warden and other officers appointed, must perform such other duties as are required by the board or the rules and regulations adopted thereby. 1579. The warden and other officers appointed must make a monthly report to the board, which must contain a statement of business done and transactions had in their several departments. 1580. The board must keep correct accounts of all funds received from proceeds of convict labor, and appropriate such funds to the maintenance of the convicts and to the payment of prison expenses, and must make a full report to the governor on the first Monday of each August next before the assembling of the legislature, which report must contain a complete statement of the number and condition of the prisoners at the prison; the number and character of officers they have appointed, and the monthly pay received by each; the amount of expenses incurred, and for what; the amount and condition of personal property, belonging to the state, connected with the state prison; and the actual condition of the buildings and property. 1581. The authorities of the state prison must receive into the prison any person convicted of an offense against the United States, and keep such person in solitary confinement or at hard labor, or in confinement with or without hard labor, as provided in the order of the court pronouncing sentence, until legally discharged, the United States supporting such convict, and paying the expenses of the execution of his sentence. 1582. When the physician, warden, and captain of the yard of the state prison, after an examination, are of opinion that any prisoner is insane, they must certify the fact under oath to the governor, who may, in his discretion, order the removal of such prisoner to the insane asylum. As soon as the authorities of the asylum ascertain that such person is not insane, they must immediately notify the warden of that fact, and thereupon the warden must cause such prisoner to be at once returned to the prison, if his term of imprisonment has not expired. 1583. The moneys appropriated by the legislature and the proceeds of the labor of prisoners constitute the state prison fund. 1584. The moneys in the state prison fund are applicable to the payment of the expenses of the prison, and the salaries of the directors and officers thereof. The expenses and salaries must be audited and allowed by a board of examiners of state prison accounts, consisting of the attorney-general, treasurer, and controller; after which, upon the order of the board of directors, the controller must draw his warrant on the treasurer therefor, and the treasurer must pay the same out of such fund. 1585. The board of directors can not contract any debt or incur any liability binding upon the state. 1586. Sheriffs delivering prisoners at the state prisons must receive all expenses necessarily incurred in their transportation, and also a just and reasonable compensation for their own services, the amount of the expenses and compensation in each case to be audited and allowed by the board of examiners and paid out of any moneys in the state treasury appropriated for that purpose, and no further compensation shall be received by sheriff's for such transportation or services. [Amendment, approved April 9, 1880; in effect immediately. 1587. The board of directors are hereby authorized and required to contract for provisions, clothing, medicines, forage, fuel, and other supplies for the prison, for any period of time nct exceeding one year; and such contract shall be given to the lowest bidder, at a public letting thereof, if the price bid is a fair and reasonable one, and not greater than the usual market value and price. Each bid shall be accompanied by a bond, in such penal sum as said board shall determine, with good and sufficient sureties, conditioned for the faithful performance of the terms of such contract. Notice of the time, place, and conditions of letting of each contract shall be given, for at least four consecutive weeks, in two daily newspapers in the cities of San Francisco and Sacramento; and also four insertions in a weekly paper published in the county in which the prison is situated. If all the bids made at such letting are deemed unreasonably high, the board may, in their discretion, decline to contract, and may |