sider just and proper, and he shall also be allowed the amount of his reasonable expenses. § 1068. All property given, or in any manner whatsoever accruing to a convict, shall vest in his guardian, if he be sentenced for a term of years, to be disposed of in like manner with his other property; or if he be sentenced for life, shall vest in his heirs. § 1069. Until a lunatic asylum is created by law, any lunatic or insane person, whose lunacy or insanity is established by the court of proper jurisdiction, may be committed to any prison, jail, or house of correction, there to be provided for and safely kept until lawfully discharged. The estate of such person shall in all cases be liable for the payment of his necessary expenses, and it shall be the duty of his guardian, or other legal representative, to make such payments, from time to time, as may be ordered by said court. NOTE TO CHAPTER 73. §§ 1048-1055 are C. L., §§ 206-213. §§ 1056-1059 are C. L., §§ 215–217. § 1060 is C. L., § 220. §§ 1061-1069 are C. L., §§ 222–230. The entire chapter has been amended in accordance with the following chapter. Cases in Hawaiian Reports: Re Apuna, 6 Haw., 738; Thurston v. Ross, 8 Haw., 144. CHAPTER 74. CARE AND CUSTODY OF PRISONERS. § 1070. From and after the passage of this chapter the care and custody of all prisoners detained in any prison of the Territory shall be transferred from the department of the interior to the department of the attorney-general, and shall be included in, and appertain exclusively to, the department of the attorney-general, except as hereinafter otherwise provided. § 1071. The attorney-general shall hereafter exercise all such authority, supervision, and control over the chief sheriff and his subordinates, in relation to the care and custody of prisoners, as has heretofore been vested by law in the minister of the interior, and the chief sheriff shall hereafter be responsible to the attorney-general in all matters appertaining to the care and custody of prisoners, in like manner as he has heretofore been responsible to the minister of the interior in respect thereof. § 1072. In all respects wherein the minister of the interior has heretofore by law been invested with any power of approval of the appointment of prison officers, or any discretion to regulate the discipline or the pay of such officers, or the discipline of prisoners, such rights of approval and discretion are hereby vested in the attorney-general. 1073. The chief sheriff shall at all times, notwithstanding anything hereinbefore contained, hold all such prisoners as shall be confined under sentence of imprisonment at hard labor at the disposal of the superintendent of public works, to be emyloyed by said superintendent on the public works, or otherwise, as said superintendent under the law shall direct. NOTE TO CHAPTER 74. §§ 1070-1073 are S. L. 1890, Ch. 3. CHAPTER 75. PRISON INSPECTORS. § 1074. The governor, by and with the advice and consent of the Sen ate, shall appoint three persons on the island of Oahu to be inspector of prisons, who shall constitute a board of prison inspectors, and who shall hold office for two years. Any inspector shall be eligible for reappointment. § 1075. In case any inspector shall die, resign, depart from the Territory to reside abroad, or become incapacitated to serve upon such board, the governor shall declare the office of such inspector vacant, and shall, with the advice and consent of the Senate, appoint some other person to fill such vacancy, and to serve for the remainder of the term of the inspector whose office has so become vacant. § 1076. All inspectors appointed under the provisions of this chapter shall serve without pay, but they may incur such reasonable expense for clerk hire, traveling expenses, or other incidentals as the attorneygeneral shall approve. All such expenses shall be paid from the appropriations for prisons or support of prisoners. §1077. As soon as convenient after the appointment of each board of inspectors, they shall organize and appoint one of their number to be chairman of the board and another secretary. They shall hold a regular meeting once each month, and special meetings whenever called by any member of the board. They may adopt rules and regulations for their own guidance, and shall keep a record of their proceedings and doings in a proper book or books. A majority of the board shall constitute a quorum. § 1078. The books of record of each board of inspectors shall, at the expiration of the term of office of such board, be delivered to the attorney-general, who shall preserve the same in the archives of the department of the attorney-general. $1079. Such inspectors, or a majority of them, shall visit Oahu prison once each month, and oftener if they deem it expedient; and any of them may visit said prison at any time. They, or any of them, with the approval of a majority of the board, may visit and inspect any prison or jail of the Territory at any time, and may have access to every part of such prisons or jails, and to the books, papers, records, and accounts of the same. § 1080. It shall be the duty of the board of inspectors to supervise the discipline and government of the Oahu prison, and, in their discretion, from time to time provide rules and regulations, not contrary to law, for any or all of the prisons and jails of the Territory. In performing these duties they shall consult with the chief sheriff of the Territory and the attorney general upon all important matters, but the decision of a majority of the board shall control. § 1081. It shall be the duty of the board of inspectors, on consultation with the jailor, to prescribe the punishment to be inflicted upon prisoners for the breach of prison rules or other misconduct. They shall in like manner decide who are entitled to the commutation provided by law for good behavior, and who shall be deprived of such commutation in whole or in part. They shall in like manner also have the power to restore, in whole or in part, to any prisoner the commutation which such prisoner shall have lost. § 1082, The board of inspectors shall seek to improve the discipline of the prison and the condition of the prisoners, and extend all reason able inducements not contrary to law for good behavior. They may, in their discretion, classify the prisoners, designating the grade to which each shall belong; the privileges, not inconsistent with the law, which may be granted them, and the garb which they shall wear. § 1083. The board of inspectors shall, in the months of January and July of each year, present to the attorney-general a report of the condition of Oahu prison and the prisoners there confined, and of the doings of the board during the previous six months, and the condition of all other prisons and jails and prisoners of the Territory so far as they have information relating to them. They shall submit with such report a copy of all rules and regulations which they have made, amended, or rescinded during such period. They may also add any information or suggestions they deem advisable. Such reports shall be signed by at least two of the members of the board of inspectors, and be published in the English and Hawaiian languages in suitable weekly newspapers in Honolulu. They shall also present a report to the legislature at each regular session of the same, making such suggestions and recommending such legislation relating to the prisons and prisoners as they deem expedient. NOTE TO CHAPTER 75 §§ 1074-1083 are S. L. 1888, ch. 7. CHAPTER 76. COMMUTATION OF PUNISHMENT. § 1084. Every prisoner confined in any prison or jail of the Territory, under sentence of hard labor imposed by any court of the Territory, may, for continued good behavior or meritorious conduct while serving out his sentence, be allowed the following deductions for each three months of his term, that is to say: First three months, seven days. Fourth three months, ten days, and so on at the same increasing rate of one day additional for each succeeding three months. § 1085. Any prisoner sentenced to pay a fine and who is confined at hard labor because of his failure to pay his fine, according to law, may be allowed a commutation at the rate provided for prisoners sentenced to hard labor, such commutation to be allowed for the time actually served in prison. § 1086. Any prisoner may, for misconduct or other sufficient cause before his discharge, forfeit the whole or a part of the commutation which he has been allowed, and, for subsequent good conduct, meritori ous behavior or other sufficient reasons, the whole or a part of the commutation so forfeited may be again allowed to such prisoner. § 1087. The granting, withholding, forfeiting, and restoring of the commutation provided by this chapter shall be discretionary with the board of prison inspectors. As to prisoners confined in the prisons of the Territory other than Oahu Prison, the board of prison inspectors may delegate to such prison officers or other persons as they deem best the power to grant, withhold, forfeit, and restore commutation of prisoners confined in such prisons, and such power to revoke at their discretion. § 1088. At some suitable time during the months of January, April, July, and October of each year the board of prison inspectors shall cause each prisoner to be informed of the commutation granted, withheld, forfeited, or restored to, from or by him, during the previous three months, giving the reasons for such granting, withholding, forfeiting, or restoring of the commutation. And the said inspectors may, in their discretion, cause the standing of each prisoner to be made known to any or all of the other prisoners in the prison. § 1089. A record shall be kept and preserved in a suitable book or books at each prison, to be styled the commutation book, in which shall be entered the name of every prisoner under sentence who is confined in such prison. In such book shall be entered upon a separate page the name of each prisoner, under which shall be entered a careful record of his conduct and of the commutation which has been granted, withheld, forfeited, or restored to from or by him, with reason or reasons for such granting, withholding, forfeiting, or restoring of the commutation. Such records or true copies of them shall be shown to the governor when considering petitions for executive clemency. § 1090. The commutation provided by this chapter may be allowed to prisoners sentenced before this chapter shall become law, but shall be allowed only from the date of its approval. The days commuted to any prisoner before the date of the approval of this chapter, under the commutation heretofore allowed by law, shall be noted upon the record of such prisoner and added to the commutation allowed him under the provisions of this chapter. NOTE TO CHAPTER 76. §§ 1084-1090 are S. L. 1888, ch. 9. TITLE VII. LEGISLATIVE ASSEMBLY. CHAPTER 77. ELECTIONS. CAUSES OF VACATING A SEAT. §1091. The seat of any elective member of the legislature shall become vacant whenever such member Shall die; or, Shall resign; or, Shall be convicted of any offense, conviction for which would have disqualified him from being elected; or, Shall be convicted of an election fraud, as the same is now or hereafter may be defined by law, or of a violation of any of the provisions of the said rules and regulations which, by the provisions hereof or by law, entail a forfeiture of such seat; or, Be guilty of gross misconduct or neglect of the duty for which he was elected, or of continued unexcused absence form the meetings of the legislature, whereof the legislature alone shall judge; or, Shall fail to possess or comply with any of the requirements necessary for an elective member of the legislature; or, If any agent, or assistant, or member of a committee having charge of or assisting in the election of any such member shall be convicted of an election fraud connected with the election of such member, as the same is now or hereafter may be defined by law; provided such fraud has been perpetrated with the knowledge or connivance of the candidate. CONTESTED ELECTIONS-PROCEEDINGS. § 1092. Any candidate directly interested, or any thirty duly qualified voters of any election district, may file a petition in the supreme court, setting forth any cause or causes why an election shall be declared void, or a seat in the legislature vacant, or the decision of any board of inspectors or the chief sheriff, or any sheriff, reversed or changed. If such petition shall be based upon any act alleged to have been done, or omitted to have been done, in connection with any election, it shall be filed in the office of the clerk of the supreme court within thirty days following the election proposed to be contested. Such petition shall be accompanied by a deposit of such costs as may be prescribed by the court. § 1093. A notice of not less than fourteen days shall be given to the inspectors of the election district in which such contest is made, and to the candidate who shall have been returned or whose seat is contested, |