Chap. 201.—An ACT to amend and re-enact sections 4110, 4113, 4114, 4115, 4143.
4154, 4155, 4156, 4157, 4168, 4172, 4173 of the Code of Virginia, and section:
4123, 4124, 4159, 4162, as amended and re-enacted by an act entitled an act te
amend and re-enact sections 4123, 4124, 4152, 4159, 4160, 4161, 4162, 4163, 4164.
4167, and 4173 of chapter 202, Code of Virginia, in relation to rules governins
the management of the penitentiary, approved February 19, 1892, and section:
4133, 4160, and 4167, as amended and re-enacted by an act entitled an act te
amend and re-enact sections 4130, 4132, 4133, and 4136 of the Code of Virginia
and sections 4137 and 4138 of the Code of Virginia, as amended by an act ap
proved March 6, 1890, and sections 4160 and 4167 of the Code of Virginia, a:
amended by an act approved February 19, 1892, relating to rules governing the
penitentiary, approved March 18, 1892, of title 55 of the Code of Virginia, in
relation to the organization, government, and discipline of the penitentiary.

Approved May 5, 1903.

1. Be it enacted by the general assembly of Virginia, That sec-
tions forty-one hundred and ten, forty-one hundred and_ thirteen.
forty-one hundred and fourteen, forty-one hundred and fifteen, forty-
one hundred and forty-three, forty-one hundred and fifty-four, forty-
one hundred and fifty-five, forty-one hundred and fifty-six, fortv-one hun-
dred and fifty-seven, forty-one hundred and sixty-eight, forty-one hun-
dred and seventy-two, and forty-one hundred and seventy-three, and
sections forty-one hundred and-twenty-three, forty-one hundred and
twenty-four, forty-one hundred and fifty-nine, and forty-one hundred
and sixty-two, as amended and re-enacted by an act entitled an act to
amend and re-enact sections forty-one hundred and_ twenty-three,
forty-one hundred and twenty-four, forty-one hundred and fifty-two,
forty-one hundred and fifty-nine, forty-one hundred and sixty, forty-
one hundred and sixty-one, forty-one hundred and sixty-two, forty-
one hundred and sixty-three, forty-one hundred and sixty-four, forty-
ye hundred and sixty-seven, forty-one hundred and seventy-three, of
chapter two hundred and two, Code of Virginia, in relation to rules
zoverning the management of the penitentiary, approved February nine-
‘eenth, eighteen hundred and ninety-two, and sections forty-one hun-
ired and thirty-three, forty-one hundred and sixty, and forty-one hun-
jred and sixty-seven, as amended and re-enacted by an act entitled an
act to amend and re-enact sections forty-one hundred and thirty, forty-
me hundred and thirty-two, forty-one hundred and _ thirty-three,
forty-one hundred and thirty-six of the Code of Virginia, and
‘ections forty-one hundred and_ thirty-seven, forty-one hundred
amd thirty-eight of the Code of Virginia, as amended by an act
ipproved March sixth, eighteen hundred and ninety, and sec-
tons forty-one hundred and sixty, forty-one hundred and sixty-seven
of the Code of Virginia, as amended by an act approved February nine-
eenth, eighteenth hundred and ninety-two, relating to rules govern-
ng the penitentiary, approved March eighth, eighteen hundred and
inety-four, be amended and re-enacted so as to read as follows:

TITLE 55.
PENITENTIARY.
Chapter ccii.

Of the organization, government, and discipline of the penitentiary.

$4110. Property attached to the penitentiary; in whose custody and
‘ontrol; authority of superintendent to employ prisoners out of en-
‘losure.—The lot of twelve acres and fourteen square rods of land on
vhich the penitentiary is situated, and the lot numbered seven hun-
lred and twenty-nine, being one-fourth of a square in the city of
tichmond, between the southwest end of First street and the eastern
Joundary of the land aforesaid, and so much of the square of land be-
ween Cary and Main and Jefferson and Madison streets as is re-
erved in the deed dated the eleventh day of March, eighteen hun-
lred and eighty-five, from the board of public works to Samuel W.
Venable and Edward C. Venable, recorded in the chancery court of
he city of Richmond, in deed-book one hundred and twenty-seven OC,
age four hundred and seventy-one, together with all the rights re-
erved in said deed, and the pipes and fixtures for conveying water
© that institution, and a certain one-half acre lot at the corner of
Byrd and First streets (number seven hundred and thirty), frontix
on the west line of First street one hundred and sixty-three feet an
four inches, running back on the south side of Byrd street one hu
dred and thirty feet, it being the lot deeded by Karr’s heirs to t
Commonwealth, shall remain the property of the Commonwealth f
the use of the said penitentiary. The superintendent shall have cu
tody of the property of the penitentiary, real and personal, and |
shall, in the name of the Commonwealth, have authority to institu
and prosecute any suit or proceeding for the recovery of any such pr
perty, or its value, or for any injury thereto, which may be proper t
protect the rights of the State. He shall have authority to emplec
the prisoners in improving and cultivating any part of the lanes
aforesaid, or in repairing the water-pipes and fixtures, or the roa:
from the penitentiary to proper points of intersection with the stree:
or in taking out or bringing into the enclosure any necessary thin
to or from the said city.

§ 4113. Board to prescribe rules, and so forth; how posted.
board, with the approval of the governor, may, from time to time, on
scribe rules, not contrary to law, for the preservation of the propert
at, and the health of the convicts in, the penitentiary, and the gover:
ment of the interior thereof. Printed copies of such of the said rub
as relate to the government and punishment of the convicts, and o
any provisions of law which the said board, with the approval of th
governor, may direct, shall be posted up in at least six conspicuoy
places of the interior.

§ 4114. Record of conviction of convicts and register to be kept.—
The clerk of the penitentiary shall file and preserve a copy of th
judgment furnished by the clerk of the court of conviction of eac
convict, and keep a register describing him, the term of his confin:
ment, for what offense, and when received into the institution.

§ 4115. Appointment of committee of convict’s estate—When a pet
son, other than a married woman having no separate estate, is sen
tenced to confinement in the penitentiary for more than one vez
his estate, both real and personal, if any he has, shall, on motion c
any party interested, be committed by the county, circuit, or corpora
tion court of the county or corporation in which his estate. or som
part thereof is, to a person selected by the court, who after givin:
bond before the said court, in such penalty as it may prescribe, shal
have charge of said estate until the convict is discharged from con
finement.

§ 4123. Male prisoners to subscribe to rules, and so forth; how r
fractory, and so forth, convicts provided for; disposition of insane.—
Before any male prisoner shall be permitted to labor in the shons, o
elsewhere out of his room, he shall make and subscribe such promis
of obedience and fidelity to the rules and orders of the institution. a:
shall be preseribed by the board as approved by the governor, and i
shall be the duty of the superintendent, as far as practicable, to pro
vide suitable employment in separate rooms for the refractory an.
obstinate and for those of disordered mind, or who, for any cause

are unfit to be congregated in the shops. If at anv time there 1s rea-
sonable ground to doubt the sanity of a convict, the superintendent
shall report it to the governor, who. shall order such convict to be
brought before the cireuit court of the city of Richmond, which is
hereby charged with the trial of the fact as to his sanity, in the man-
ner prov ided in section four thousand and thirty-two, and if the jury
find him mesane. he shall be transferred to one of the lunatic asvlums,

provided im seetions sixteen hundred and seventy-two and Sixteen
hundred and seventy-three. and when restored to sanity he shall be
returned to the penitentiary in the manner preseribed in section four
thousand and thirty-three.

$4124. Males and females to be kept separate; how clothed; in-
fants.—The male and female convicts shall be kept separate from
each other, and the males shall have their heads and beards close
shaven, or shorn once a fortnight and oftener, if need be. Every con-
viet shall be elothed at the public expense in a distinctive uniform for
ech sox, made of eoarse material. An mfant accompanying a con-
vict mother te the penitentiary, or born after her imprisonment therein,
shall he return d. on attaining the age of four years, to the county or
city from which the mother came. to be disposed of as the county or
circuit court of said county, or the hustings or corporation court of
sald city, having jurisdiction, may order.

$4133. He may also furnish them to counties to work on county
roads. —The superintendent shall have authority to furnish to any
county In the State. upon the requisition of the board of supervisors
of such county, approved by the judge of the county or cireuit court,
convicts whose term of service, at the time of the application for them,
does not exceed five vears, to work on the county reads, under such
revulations as the board of supervisors may preseribe in conformity
with this chapter. and on such conditions as to safe-keeping as the
superintendent and said board may agree upon: provided, that if
the supervisors sliall deem it best that the convicts furnished be em-
ploved on anv turnpike or macadamized road in their county, the
suid board may so employ them. or arrange for their emplorment on
such road with the company authorized to construct the same.

$4148. Punisnment for misbehavior.—A convict guilty of profanity,
Indecent behavior, idleness. nevleet or wilful mismanagement of work,
insubordination, an assault not amounting to felony, or a violation
of any of the rules preseribed by the board, with the approval of the
governor, may, under orders of the superintendent, subject to the said
rules, be punished by lower and coarser dict, the lron mask or gag,
solitary continement in a cell or the dungeon, or by stripes. Under
such orders, and subject to the said rules, the superintendent may,
when a convict is charged with an offense for which he is to be tried
under chapters two hundred and three and two hundred and four, con-
fine him in a cell or the dungeon until such trial.

$4154. Meeting of board: quorum: their duties and powers; when
board may remove superintendents, and so forth, and appoint succes-
sor—A majority of the directors shall constitute a quorum. They
shall meet regularly once a week at the penitentiary and quarterly at
the prison farm, and at the first meeting in cach month at the pene
tentiary the respective superintendents shall submit their reports, and
they mav meet oat such other times as the respective superintendents
may request oor any three of the direetors may think necessary. It
shall be their duty once in three months to inspect the pernften-
tiarv and prison farm and make a report of their condition to the
governor, Which report: shall embrace a synopsis of the monthly re
ports of the superintendents for the three months preceding said) in-
spection. It shall also embrace a statement of the institutions as te
health and general management, and such other matters as may seem
to them of sufferent interest to be contained therein and especialy
shall they report at any time any malfeasance ino ollice, or manifes:
Incompetency in the discharge of ther duties, on the part oof the
superintendent or any other officer.

The board shall investigate anv misbehavior, meapacity, necleet of
official duty, or aets performed without authority of law. on the
part of the superintendents or surgeons, and aif ino their judgment
there be sufficient. cause therefor, they shall) forthwith remove the
said officer, and at once appoint a successor to fill the unexpired term.

Said board shall have a general supervision over the penitentiary.
prison farm, and the officers thereof, and see that the laws for their
government are observed,

Second, The respective supermtendents, for good eause, shall re
move all other eflicers and cmplovees of the penitentiary and prisen
farm, and fill their unexpired terms, subject toe the approval oof
the board of directors.

S 4155. Power of board ino investizatine: duty of clerk: jhow wit-
ness paid.—-When an investigation is ordered by the board as to a miat-
ter concerning the penitentiary, or the conduct of persons eonnecte]
therewith, the clerk of the penitentiary, by order of the beard. mar
issue a summons, directed to the sheriff of the county of Henrico. or
to the shenff or sergeant of the city of Richmond, commanding him
to summon any person to attend at the penitentiary on a certain
dav, to give evidence before the board, and may administer ano oath
to such person. Phe board shall have Tike powers. under sections
thirty-three hundred and fifty-four and thirty-three hundred and. tifty-
five. as if if was a court whose elerk had issued the summons. And the
Clerk of the penitentiary shall make such entry as would. under <ec-
tion thirty-five hundred and = forty-nine, if the attendance was defer:
a court. be made by the clerk thereof. The sum toe which the wit-
ness is entitled shall be paid out of the funds of the institution,

Sft56. Annual inventoryv-—Three or more of the directors shall.
at the end of cach fiseal vear, attend the taking of the inventories af
the goods and steck on hand at the penitentiary and prison farm,

S157. Annual report of board to be laid before eeneral assern-
bly.—The board shall annually, before the first of October. make a
report to the governer, to be laid before the general agscihts,
showing the expense to the State of the penitentiary and prison farn
for the previous fiscal vear, and their condition at the end of such yea
the manner in which the rules have been exccuted, and their offect,
and making anv proper suggestions as to the discipline and organiza-
tion of the penitentiary and prison farm.

S$ 4159. Where superintendent may reside, his fuel, and so forth;
his duties.—The superintendent may reside in one of the dwelling-
houses on the penitentiary grounds fronting on Belvidere street, and
shall be allowed his fuel, water r, and gas. He shall be the chief execu-
tive officer of the penitentiary, and shall direct its internal police and
management, subject to the control of the board of directors.

Second. The first assistant keeper may reside in the other of the
two houses on said ground, and shall be allowed his fuel, water, and gas.

$4160. How clerk, assistant clerk, assistant superintendent, and
keepers appointed; their oath; matroen.—The superintendent. shall ap-
point and may remove, subject to the approval of the board of direc-
tors, a clerk of the penitentiary and an assistant clerk, one assistant
superintendent, who shall act in the place of ve superintendent in
his absence, also four keepers and a matron, all of whom shall take
the oath of office prescribed by Jaw for public oltivers.

£162. The superintendent may purchase material and supplies for
the penitentiary and prison farm. "Phe respective superintendents shall,
with the approval of the board, and under such regulations as it may
preseribe, purchase such material and provisions as may be necessary
for the penitentiary and prison farm, of which thev shall keep an_ae-
count. showing separately the kind and quantity of material and pro-
visions purchased, and the price thereof,

S$ -4167. Emplovment of guard: their number and duties; how dis-
missed: right of @euard and. officers to carry weapons: absentees, and
so forth.—The superintendent of the penitentiary may employ a curd
not exceeding forty-nine persons as the exterior and interior cuard of
the penitentiary, who shall each take an oath faithfully to discharge
the duties of his office, and shall perform such duties as the snperin-
tendent. subject to the control of the board, may direct. Any person
<0 employed may be dismissed from service by the superintendent,
with the approval of the board. Tt shall be Jawful for any officer or
euard fo carry sufficient weapons to prevent escapes, suppress rebellion,
and for self-defense, and to use the same against any conviet for stich
purpose. The superintendent may adopt regulations, approved bv the
hoard, under whieh leave of absence may be granted to an. officer,
keeper, or member of the guard. If any absentee furnishes satisfae-
tory evidence to the superintendent that lis absence was unavoidable
from. sickness, his full pay may continue during such absence, not ex-
eceding twenty days in any one vear. and beyond that time at the rate

of fifteen dollars per month, net execeding three months.

S$ 4168. Compensation of guard: how paid.—The compensation of
the sald guard shall he at the rate of fifty dollars per month for each
member thereof, and ther officers, other than the superintendent and
the assistant superintendent, shall be fifty-five dollars per month, which
shall be paid monthly, upon the certificate of the superintendent, on tre
warrant of the auditor of public accounts.

The said enards shall have during the year as much as ten days’ va-
eation, without deduction of pay, whic h vacations shall be on con-
secutive days, or at stated periods, in the diseretion of the superin-
tendent of the penitentiary, and the substitute guards shall receive the
same pay when emploved as the regularly -emplov ed guards. And each
guard employed at the prison farm shall have during the vear fifteen
davs’ vacation, without deduction of pay, to be on consec ‘utive days. or
at stated periods, in the discretion of the superintendent of the prisen
farm.

S 4172. Superintendent mav contract for emploving convicts within
penitentiary: contractors mav erect additional shops.—The supertn-
tendent, by and with the advice and consent of the board, may enter
into contracts for the empleyvment of convicts in the penitentiary, not
otherwise emploved, and. as fas as practicable, confine such convict
labor to manufacturing purposes. Additional shops may be erected by
the contractors, in the penitentiary grounds, for the emplovment o2
the convicts so hired: provided, that the State shall not incur any ex-
pense thereby.

§ 4173. Tasking convicts; how compensation for work done bevond
task fixed and paid.—The superintendent, with the consent and ue
vice of the board, may establish a svstem of tasking the convicts in ts
different wards of the penitentiary, when it can be done, and allow to
anv convict a reasonable compensation for work done bevond his task,
which shall be placed to his credit, and paid to him when he is dis-
charged from prison: or. if he request that a portion, or all of it. be
paid to his family or near relatives, the superintendent may do so at
any time during his imprisonment: or, if he so desire, it may he pad
to him, from time to time, in provisions or other articles selected from
a standing list, to be prepared by the superintendent, and approved
by the hoard, said articles to be purehased by the superintendent. as
provided in section forty-one hundred and sixty-two, and charged to
the convicts at cost. The amount to he allowed for work done shall
be sxe by the superintendent, with the approval of the beard.

All acts and parts of ac ts inconsistent with this act are hereby re
peated.

3. This act shall be in force from its passage.

Chap. 201.—An ACT to amend and re-enact. an act of the general assembly of Vir-
ginia, approved February 3. 1900. entitled “an act to amend and re-enact section
2229 of the Code of Virginia, relating to certificates to be issued by the clerk
with marriage licenses, the return to be made by persons eelebrating the mar-
riage.’

Approved May 20, 1903.

1. Be it enacted by the general assembly of Virginia, That an act of
the general assembly of Virginia approv ed February the third, ninetcen
hundred, entitled “an act to amend and re-enact section twenty-two hun.
dred and twenty-nine of the Code of Virginia, relating to certificates t«
be issued by the clerk with marriage licenses, the return to be made by)
persons celebrating the marriage” be amended and re-enacted so as t¢
read as follows:

§ 2229. The certificate to be issued by clerk with license; the returr
to be made by person celebrating the marriage.

The clerk issuing any marriage license shall, at the time, ascertair
from the party obtaining such license, as near as may be, the date and
place of the proposed marriage, the full names of both parties, their ages
and condition before marriage (whether single, widowed, or divorced),
the places of their birth and residence, the names of their parents and the
occupation of the husband, and make a certificate thereof, and deliver it
together with the license to the person entitled thereto.

It shall be the duty of every minister or other persons celebrating such
marriage, within two months after the same has been celebrated, to re
turn such license and certificate of the clerk, together with his own certifi-
cate of the time and place at which the said marriage was celebrated, to
the clerk who issued the said license. Any minister violating the pro-
visions of this section shall be liable to a fine of not less than five dollars
nor more than ten dollars for each offense. ,

2. This act shall be in force from its passage. a,