Chap. 147.—An ACT providing for the lease of the penitentiary, and
the hiring of the convict labor.

Approved March 6, 1878.

1. Be it enacted by the general assembly of Virginia, That
the governor of the commonwealth, the secretary of the
commonwealth and attorney-general are hereby constituted
commissioners, and are vested with the powers and duties
hereinafter prescribed.

2. The said commissioners shall, by publication for not less
than thirty days, in at least two newspapers in the city of
Richmond, and in such other papers and in such manner as
they may deem best, invite sealed proposals for the lease of
the penitentiary of the state and all property belonging
thereto, and the hiring of all convicts therein, or that may
be placed therein.

3. The said commissioners, after the expiration of the time
as prescribed in the second section of this act, are fully au-
thorized and empowered, on behalf of the state, to enter
into a contract with any party of whose competency and
responsibility they shall be satisfied, for the lease and opera-
tion of the penitentiary, and the hiring of the convicts
tberein, or that may be placed therein, for a term or terms
of not less than three nor more than seven years, subject to
the provisions, conditions and restrictions hereinafter con-
tained, but with authority and instruction to said commis-
sioners to embrace in such contract any and all other pro-
visions and conditions which, in their opinion, may be proper
and necessary to protect the rights and promote the interests
of the commonwealth, and ensure the highest comfort and
welfare of the convicts, Consistent with tbeir proper discip-
line and punishment,

First. No contract shall be closed by said commissioners
which does not exonerate and save the state harmless from
any and all costs or liability for and during the continuance
of the lease on account of officers’ salaries, house expenses,
interior guard, exterior guard, moucy, mileage, and any
other expenses incurred in the transportation of convicts
from the place of their conviction to the penitentiary, and
clothing to discharged convicts, or any other expenses ip-
curred in a humane and proper management of the instita-
tion, or on account of the repairs of the buildings or ma-
chinery thereof, or the management, discipline or mainten-
ance thereof, or of the convicts thereof: provided, that any
money due the commonwealth on account of any contracts
made by said commissioners for Che lease of the penitentiary
Bhall be paid into the treasury in bankable currency, and in
equal instalments, to be made at least as often a3 once every
three months.

Second. Tho state shall retain control over the discipline
and police of the penitentiary throughout tho whole lease as
fully and completely as at present; and the directors and
officers thereof shall continue to be appointed or elected, and
their duties shall remain as is or may be prescribed by law,
except that the commissioners shall stipulate tbat all the
officers of said institution, except the directors, superintend-
ent, assistant superintendent aud the surgeon, shall be dis-
continued.

Third. The commissioners shall embody in any contracts
they may make under this act, stipulations which shall pre-
vent any interference with the penal character of the insti-
tution, and which sball secure kind and humane treatment
to the prisoners, and which shall provide for the proper sani-
tary regulations of the institution, and also provide that no
convict who has been sentenced for a term of ten years or
more, shall be worked or kept outside the limits of the peni-
tentiary.

Fourth. Inventories shall be taken, one at the beginning
and the other at the termination of the lease, under the
supervision of the supcrintendent of the penitentiary and the
commissioners appointed by this act; the first, of all personal
property and machinery belonging to the penitentiary and
turned over by the state to the lessce; and the second, of all
such machinery and tools as the lessees shall return to the
state al the expiration of the lease. And the lessee sball be
bound to return to the state, at the expiration of the lease,
the machinery and tools so turned over to him at the com-
mencement of his term, and within ninety days after the
making of the lease, to account for and pay to the state the
value of all personal property, other than machinery and
tools, which may have been so turned over to him; and also
pay at the expiration of the lease for any deterioration in
the value of the machinery and tools during the term, the
value to be ascertained in all cases by the inventory taken
thereof. And the lessee shall be: bound to return to the
state, at the expiration of the lease, the lands and buildings
of the penitentiary in like good condition as when received,
and to account for and make good any deterioration in the
value thereof.

Fifth. No lease made under the provisions of this act,
shall be assigned or transferred without tbe consent of the
governor. )

Sixth. The commissioners shall require of the lessees, bond,
with ample and undoubted security, in a penalty of not less
than one hundred thousand dollars, conditioned upon the
faithful performance of the contract; and the said commis-
sioners may at any time require of the lessees a renewal of
said bond; and upon their failure so to renew, the state shall
assume control of the institution as though no contract for
lease had been entered into; and pending any litigation or
suit between the state and lessee, or lessees, the state shall
be entitled to the management and control of said peniten-
tiary and convicts, any injunction granted by any court to
the contrary notwithstanding. ’

Seventh. No contract for such lease shall be valid and
binding upon the state, unless the same shall be approved
and signed by the three commissioners; and no contract
which the commissioners may make inconsistent with any
of the foregoing provisions, shall be binding upon the parties
until and unless the same shall be ratified by the general
assembly; and in the event of the escape of any of the con-
victs by the negligence of the lessees, or any of their agents
or employees, the state shall be entitled to sue and recover,
on the bond required to be executed under this act, the sum
of one hundred dollars for every such convict so making his
escape, and who sball remain at large for the period of sixty
days; and said lesseo or lessees shall, on the escape of any
prisoner, be Jiable to pay such reward as the governor may
offer, not to exceed thirty dollars for each, and all of the
expenses otherwise incurred (including advertising) in the
capture and delivery of such prisoners to the prison or its
officers.

Eighth. The commissioners shall report their proceedings
under this act, as early as practicable, to the general assem-
bly, together with any proposals received by them which
may have been rejected.

4. It shall be the duty of the auditor of public accounts to
draw his warrant on the treasurer for the bills, duly authen-
ticated, for advertising under the provisions of this act, and
the sume shall be paid by the treasurer out of any moneys
not otherwise appropriated.

5. This act sbell be in force from its passage.