
    DISCHARGE OF PRISONER FROM PENITENTIARY.
    [Circuit Court of Franklin County.]
    In the Matter of Application of Ira Bailus.
    
    Decided, June, 1906.
    
      Meaning of Hie Words “Period of Imprisonment”—Discharge of Prisoner—Restoration to Citizenship—Ministerial Acts—Section 7388-8.
    Wilson, J.; Sullivan, J., and Dustin, J., concur.
    The term “period of imprisonment” as used in Section 7388-8, of the Revised Statutes, means the term of sentence, less the time which, under the rules of the penitentiary, may be deducted for good conduct.
    The discharge of a prisoner by the warden of the penitentiary, and the restoration to citizenship by the certificate of the governor, under the provisions of said section, are ministerial acts and, to be effective, must be in compliance with law.
    The acts in this case were not in compliance of law and were a nullity. Otherwise these officers could discharge a prisoner at will.
    The original commitment was authority for the retaking of the prisoner.
    Judgment affirmed.
    
      
      Affirmed by the Supreme Court without report, 74 O, S., —
    
     