ten thousand dollars ($10,000) in the aggregate shall be exacted in bonds from any sheriff. Such bonds shall be filed and preserved in the office of the clerk of the supreme court.

§ 1029. In case of any breach of the condition of any bond so furnished by the chief sheriff, or by any sheriff, any person thereby injured may institute a suit upon such bond in his own name and for his sole use, or for the use of any person or persons whom he therein represents, and thereupon recover such damages as shall be legally assessed, with costs of suit, for which execution may issue in favor of such person. Such bond shall, after any judgment rendered thereon, remain as a security for the benefit of any person injured by the breach of any condition thereof until the whole penalty shall have been recovered. No suit upon any such bond shall be commenced later than two years after the right of action shall have accrued: Provided, That infants, femmes coverts, and persons noncompos may sue upon or in respect thereof within one year after their disabilities shall cease.

§ 1030. The chief sheriff shall, with the approval of the attorneygeneral, appoint and commission not more than two deputies chief sheriff, for whose acts and defaults the chief sheriff shall be responsible upon his official bond. Each deputy chief sheriff so appointed shall be authorized to do or perform any act or thing required by law to be done or performed by the chief sheriff. The chief sheriff shall exact from his deputies bonds of indemnity with sufficient sureties for the due and faithful discharge of their duties, which bonds may be in any amount, not to exceed ten thousand dollars ($10,000), that shall be approved by the attorney-general.

§ 1031. It shall be the duty of the chief sheriff and of the several sheriff's, within their respective jurisdictions, to preserve the public peace, to have charge of all jails and prisons, to safely keep all persons committed to their charge, to execute all lawful precepts and mandates directed to them by any judge, court, the governor, or other person thereunto authorized; to arrest fugitives from justice, as well as all criminals and violators of the laws, and generally to perform all such other duties as may be imposed upon them by law, for any of which purposes they may command all necessary assistance, civil or military. § 1032. The chief sheriff for and within the island of Oahu, subject to the approval of the attorney-general and the several sheriff's for and within their respective jurisdictions, subject to the approval of the chief sheriff, may appoint such deputies sheriff and other police officers as occasion may require, and may dismiss them in their discretion; and may in like mannner apportion the duties, and adjust the compensation of such officers, except as otherwise provided by law: Provided, however, That the number of regular police officers or constables shall not exceed, for the island of Oahu, one hundred; for the islands of Maui, Molokai, Lanai, and Kahoolawe, eighty; for the island of Hawaii, one hundred; for the islands of Kauai and Niihau, forty: And further provided, That nothing in this section contained shall be construed to prevent the appointment of any number of special constables to serve without pay, except that for service during any emergency such special officers may be paid, in the discretion of the officer by whom they were appointed to serve during such emergency, if such payment be approved by the attorney-general.

§ 1033. The chief sheriff and the several sheriffs may exact from the deputies sheriff appointed by them respectively private bonds of indemnity, and shall be severally responsible for the official acts of such deputies.

§ 1034. The chief sheriff, sheriffs, and deputy sheriffs shall receive in full payment of their services such annual salaries or compensation as shall from time to time be prescribed by the legislature: Provided, however, That the legally prescribed fees received from the sale and conveyance of property under execution or other writ or order issued from any court, to an amount not exceeding fifty dollars for any one such sale and conveyance, shall belong to the chief sheriff, or to the sheriff, or to the deputy sheriff making such sale and conveyance, the excess of such fees over said sum of fifty dollars, if any, to be returned to the treasury as a government realization.

§ 1035. Any police officer or constable appointed to or holding office under this chapter may be removed at any time by any judge of a court of record, or by the district magistrate of Honolulu (if the officer so sought to be removed shall be a member of the police force for the island of Oahu), for incompetency, corruption, or misbehavior in office.

§ 1036. In all cases in which the chief sheriff or any sheriff, deputy sheriff, or constable shall be a party, plaintiff or defendant, to any suit or cause pending in any court of the Republic, the officer so interested shall not be competent to execute any process in such suit, and the court, when necessary, may appoint some disinterested person to act as a substitute for such officer to execute such process, who shall, in all respects, be accountable to the court for his conduct.

§ 1037. In case of the death, resignation, or removal from office of the chief sheriff or any sheriff without having executed, or having executed only in part, any process in his hands, the execution of such process may be effected or completed by the deputy of such chief sheriff or sheriff, or by such other police officer as shall be thereunto appointed by the attorney-general: Provided, That if a successor to such chief sheriff or sheriff shall be appointed, such successor shall be responsible for the completion of the execution of such process from the point to which the same had progressed at the time of his assumption of such office. The power hereby conferred shall extend to the execution, acknowledgment, and delivery by such deputy or other designated police officer as aforesaid, or by the successor of such chief sheriff or sheriff as aforesaid, of all deeds or other instruments of conveyance.

§ 1038. The chief sheriff and the respective sheriffs shall file all warrants, mittimuses, processes, and other official papers, or the attested copies of them, by which any prisoner shall have been committed or liberated, and they shall be safely kept in a suitable box or safe, and upon the death, resignation, or removal from office of such chief sheriff or sheriff, shall be delivered, together with all other official records, papers, and journals, to his successor, or to any other officer or person duly appointed to receive them; and in default of such delivery, such chief sheriff or sheriff, if living, may be held liable for embezzlement, as provided by section 158 of chapter 18 of the penal laws, and shall also be civilly liable in damages to any person or persons who shall be injured by such nondelivery. If such chief sheriff or sheriff shall be dead, such civil liability shall attach to his personal representatives and the sureties upon his official bond, jointly and severally. In addition to such civil liability as aforesaid, such chief sheriff or sheriff, or their personal representatives and sureties on their official bonds, shall forfeit and pay for each such default in delivery the sum of two hundred dollars, to be recovered for the use of the public treasury.

§ 1039. All process of any court of record shall be addressed to the chief sheriff or to any sheriff or their deputies, except as may be otherwise provided by law, and it shall be the duty of the chief sheriff or

sheriff and their deputies to execute the same at their peril according to the tenor thereof; and they shall not be liable for any damages resulting from the execution of such process.

§ 1040. The chief sheriff, any sheriff, deputy sheriff, or other police officer may decline to levy upon or sell the alleged property of any person against whose goods and effects an execution or other similar writ may issue, unless the party beneficially interested in such writ shall, upon request, tender to such officer a sufficient bond of indemnity against the claims of third parties.

§ 101. The respective sheriff's shall, quarterly, render, in duplicate, a true and itemized account of all fees, fines, and other money which they shall have received by virtue of their office, one copy of which shall be forwarded to the attorney-general and one to the chief sheriff by whom, respectively, such reports shall be filed and preserved.

§ 1042. The chief sheriff shall, quarterly, render to the attorney-general a true and itemized account of the whole amount of money received by him, in which statement the moneys received to his own use and benefit shall be stated separately from those received to the use or on account of the Government or of private parties. He shall, in like manner and at like intervals, as well as at any other time when the attorney general shall so request, report to the attorney general concerning such other matters appertaining to the administration of the police department as the attorney-general may deem proper.

§ 1043. Any court of record may inquire by proceedings of quo warranto into the validity of the appointment or claim by which any person shall hereafter hold, or claim to hold, or exercise the functions, or receive or enjoy the privileges or emoluments of the office of chief sheriff, sheriff, deputy sheriff, or any other office hereinbefore provided for. The proceedings upon such inquiry shall conform as nearly as may be to the forms prescribed in the case of a writ of quo warranto to a person who claims or usurps an office in a corporation, as provided by chapter 104. Such proceedings may be instituted by either the attorney-general, in his official capacity, or by any private person having any interest in such inquiry.

§ 1044. The chief sheriff and his deputies, and the several sheriff's and their respective deputies, are hereby authorized to administer oaths in all cases in which oaths are by law authorized or required to be taken or administered, or in which the administering of an oath may be proper.

§ 1045. The office of governor of any island or islands within this Territory is hereby abolished.

§ 1046. The chief sheriff of the Territory for and within the island of Oahu, and the sheriffs of the different islands other than Oahu within their respective jurisdictions, shall hereafter discharge the duties here. inafter enumerated, which have heretofore been discharged and performed by the governors of the different islands; that is to say, with respect to:

1. The administration of oaths and the taking of depositions.

2. The control, preservation, and disposition of wrecks and wreckage. 3. The shipping and discharge of seamen.

4. The testing and certification of weights and measures.

§ 1047. In order to facilitate the due performance of their duties by the said chief sheriff and sheriffs, as provided in the preceding section, all rights, privileges, and fees heretofore accruing to, or possessed by, and all bonds running to the said governors, or any of them, in respect of the matters pertaining to any of said duties, shall hereafter be pos

sessed by and accrue and run to and in favor of the said chief sheriff and sheriffs within their respective jurisdictions.

NOTE TO CHAPTER 72.

§§ 1023-1043 are S. L. 1888, ch. 8 amended; § 1034 by S. L. 1892, ch. 13. § 1044 is S. L. 1895, act 2. § 1045 is S. L. 1888, ch. 44. §§ 1046-1047 are S. L. 1888, ch. 37. Cases in Hawaiian Reports: Smyth v. Hogarty, 1 Haw., 206; Re Cabinet, 8 Haw.,

568.

CHAPTER 73.

PRISONS AND HOUSES OF CORRECTION.

§ 1048. The attorney-general, with the approval of the governor, shall have the power to erect such suitable prisons, jails, station houses, and houses of correction as may be necessary for the safe-keeping, correcting, governing, and employing of all persons duly committed thereto, and also, with the approval of the governor, to prescribe rules and regu lations for their government and discipline.

§ 1049. The chief sheriff of the Territory is responsible for the safekeeping of all prisoners, and therefore he shall have the nomination and appointment, with the approval of the attorney-general, of all jailors and other prison officers, who shall hold office during the pleasure of said chief sheriff. Such jailors and other officers shall be men of sobriety, honesty, and industry.

§ 1050. The chief sheriff shall cause to be kept in every prison a journal, in which shall be regularly entered the reception, discharge, death, pardon, or escape of any prisoner; and also all punishments that are inflicted for a breach of prison discipline, as they occur, and all other occurrences of note that concern the state of the prison.

§ 1051. On the commitment of any prisoner there shall be entered on the journal the sex, age, height, and personal description of such prisoner, his last place of abode, and place of nativity.

§ 1052. The chief sheriff shall cause to be kept an exact account of all the receipts and expenditures of each prison and make a monthly report of the same to the attorney-general.

§ 1053. Said chief sheriff shall cause each prison to be kept in a clean and healthy condition, and the whole interior thereof shall be thoroughly whitewashed with lime once in every three months.

§ 1054. Said chief sheriff shall provide for each prisoner who may be able and desirous to read a copy of the Bible or of the New Testament, to be used by such prisoner at proper seasons, and any minister of the Gospel disposed to aid in reforming the prisoners and instructing them in their moral and religious duties shall have access to them at seasonable times when not required to be employed in labor.

§ 1055. All prisoners confined only in order to secure their attendance as witnesses shall be under no other restriction than what is necessary to prevent their escape from prison. Every such prisoner shall be immediately liberated on his giving security for his appearance to testify as required by law.

§ 1056. All prisoners sentenced to imprisonment at hard labor shall be constantly employed, for the public benefit, on the public works or otherwise, as the chief sheriff, with the approval of the attorney-general, may think best.

§1057. The attorney-general is hereby empowered, in his discretion, to detail for labor on any public road, upon application to that purpose from any road supervisor, as many prisoners as he may deem necessary

for such work; said prisoners to be under the care of their usual overseers, and subject to the road supervisor only as far as regards the mode of their employment.

§ 1058. When such prisoners can not be well employed in the performance of any public work, the chief sheriff, with the approval of the attorney-general, may let them out to labor for private individuals, upon such terms as he may deem proper; provided, always, that such prisoners shall be locked up within the prison every night.

§ 1059. Female prisoners shall be kept entirely separate from the male prisoners, and shall be employed in making mats, in sewing, in washing the clothes of the prisoners, and in such other suitable occupations as the chief sheriff shall direct.

§ 1060. The pay of prison officers shall be determined and regulated by the attorney-general.

§ 1061. Every person sentenced to imprisonment for life shall be considered as civilly dead, and the same disposition shall be made of his estate as if he had died on the day sentence was pronounced; and any last will and testament, or codicil, he may have made prior to that time, shall take effect in the same manner as if he had died on that day.

§ 1062. But no disposition of any estate, either by will or otherwise, after the arrest for the crime of which the prisoner was convicted, whether the sentence is for life or otherwise, shall have any advantage or preference over the claim of any person entitled to damages for a private injury committed by the criminal, unless such disposition was made for a valuable and equivalent consideration, to a person ignorant of the arrest.

§ 1063. Whenever a convict is condemned to imprisonment less than for life, any judge having probate powers may, upon due application, appoint a guardian to have the care and management of said convict's estate, real and personal, during the term of his imprisonment. The letters of guardianship shall be revoked by the pardon or discharge of the convict, but such revocation shall not invalidate legal acts done by the guardian.

§ 1064. Every guardian so appointed for any convict, shall pay all the just debts due from the convict out of his personal estate, if suffi cient, and if not out of his real estate, upon obtaining license for the sale thereof from the judge; he shall also settle all accounts of said convict, and demand, sue for, and receive all debts due to him, and may, with the approbation of the judge, compound for the same and give a discharge to the debtor; and he shall appear for and represent his ward, in all legal suits and proceedings, unless when another person is appointed for that purpose.

§ 1065. Such guardian shall have all the rights and duties, as well as the responsibilities, respecting the management and disposal of the convict's estate, as appertain to the guardian of a minor, or insane person. He shall manage the estate frugally and without waste, and apply the profits thereof, so far as may be necessary, for the comfortable and suitable maintenance of the convict's family, if there be any, and if the profits shall be insufficient for that purpose, he may sell the real estate and apply the proceeds thereto, upon obtaining the license of the judge.

§ 1066. Such guardian may be removed, and another guardian appointed in his place, whenever the judge shall think there is just cause for removal.

§ 1067. Every such guardian shall have such compensation for his services as the judge before whom his accounts are settled shall con