Chap. 309.—An ACT to Amend and Re-enact Sections 1, 2, 19, 20, 27, 30,
31, 35, 37, 40, 42, 49, 54, 56, 57, and 58, of Chapter 213 of the Code of
Virginia (Edition of 1860), and to Repeal Section 41 of same Chapter, in
Relation to the Penitentiary.

Approved March 31, 1871.

1. Be it enacted by the general assembly, That sections first,
second, nineteen, twenty, twenty-seven, thirty, thirty-one,
thirty-five, thirty-seven, forty, forty-two, forty-nine, fifty-four,
fifty-six, fifty-seven, and fifty-eight, of chapter two hundred
and thirteen of the Code of Virginia (edition of eighteen hun-
dred and sixty), be and the same are hereby amended and re-
enacted so as to read as follows:

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“§ 1, That the lot of twelve acres and fourteen square rods”
of land on which the penitentiary is situated, and the lot num-
bered seven hundred and twenty-nine, being one-fourth of a
square in the city of Richmond, between the southwest end of
First street and the eastern boundary of the land aforesaid,
and the square of land between Cary and Main, and Jefferson
and Madison streets, containing the penitentiary spring, with
the pipes and fixtures for conveying water to that institution,
shall be and remain the property of the commonwealth for the
use of the said penitentiary. The superintendent shall have
the control and custody of the property of the penitentiary,
real, personal, and mixed, (which has not been delivered to the
general agent, or to his account,) and he shall, in the name of
the commonwealth, have authority to institute and prosecute
any suit, prosecution, or proceeding, for the recovery of any
such property or its value, or for any injury thereto, which
may be proper to protect the rights of the state. He shall
have authority to employ the prisoners in improving and cul-
tivating any part of the lands aforesaid, or in repairing the
water pipes and fixtures, or the roads from the penitentiary to
proper points of intersection with the streets, or in taking out
or bringing into the enclosure any necessary thing to or from
the said city, or the James river canal.

‘“‘§ 2. The public jail and penitentiary house shall continue
under the name of The Penitentiary, to be appropriated to the
confinement of convicts sentenced according to law to confine-
ment therein, by the courts of this commonwealth. Persons
sentenced to imprisonment by a court of the United States,
held in Virginia, for a term of three years or more, may also
be confined therein, with the approbation of the superinten-
dent and governor, (which approbation shall be recorded in
the entry made upon such convict’s admission,) and be safely
kept and employed, pursuant to the rules of the prison, so far
as 18 not inconsistent with such sentence, until discharged by
due course of the laws of the United States: provided, that
before any other such prisoner shall be received in said peni-
tentiary, the United States shall pay the sums now due, or
which shall be due, for the confinement and support of their
prisoners, and in the future, pay half yearly, at the rate of
thirty cents per day, for the imprisonment and support of every
such prisoner now imprisoned, (or hereafter so imprisoned,)
with proper medical charges.”

Ҥ 19. The superintendent may, when he may deem it ne-
cessary, and shall, when the surgeon shall so advise, change the
diet, and adapt it to the health or condition of the prisoners,
or any of them, or he may allow extra diet to those who need
it. He shall cause the hospital and all the cells and rooms of
the prison to be whitewashed (by prisoners qualified for the
business) twice a year, or oftener ; and the floors to be washed
as often only as may be necessary for health and comfort.
The board of directors shall prescribe, by rules and regula-
tions, the hours within which the prisoners shall be employed
at the respective branches of business carried on in the insti-
tution, and the time they shall labor in each day, and also the

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times and conditions upon which persons may visit the interior
of the penitentiary.

Ҥ 20. The superintendent may or shall, when the surgeon
so recommends, allow them at stated times, to walk for the
benefit of their health in the yard; butin the presence or view
of the superintendent or an assistant. The superintendent
shall, on the application of the surgeon, detail from among the
convicts, one man to act as hospital steward. The surgeon
shall have control of the hospital department, and shall have
the right to adopt and enforce such sanitary regulations as he
may deem necessary, and the board of directors shall approve.”

Ҥ 27. A room suitable for the purpose, shall be set apart in
which sick convicts shall be kept, when the surgeon so pre-
scribes. There shall be a book in which shall be entered the
name of each convict put in the hospital, and the time that he
goes In and comes out of it.”

Ҥ 30. The board of directors may apply the means of the
institution to repair and enlarge the shops and increase the
number of cells, when required. They shall cause to be done
in the penitentiary any work which can be done therein to-
wards effecting the improvement or repairs mentioned in the
twenty-first section. The superintendent shall direct the manu-
facturing operations, and have the goods manufactured and
work done at the penitentiary, (except as otherwise provided),
delivered weekly to the general agent, to be disposed of by
him at such prices as may be mentioned in duplicate invoices
thereof; one of which shall be delivered to the agent, and the
other, with the agent’s receipt thereon, shall be preserved at
the office of the penitentiary by the clerk. If atany time the
price fixed by the snperintendent should be above the mar-
ket price for the said articles, the agent shall make known
the fact to the superintendent, who shall forthwith call a meet-
ing of the board of directors, upon whose decision the price
marked shall be either altered or retained.

“Of the directors.

‘‘§ 31, A majority of the directors shall constitute a quorum
for the business of the board. They shall meet regularly
once a week, and at the first meeting in each month, receive
the monthly reports of the superintendent and general agent,
and may meet at such other times as the superintendent or
general agent may request, or any two of the directors may
think necessary. It shall be their duty, once in three months,
to inspect the penitentiary and make a report of its condition
to the governor of the commonwealth, which report shall em-
brace a synopsis of the monthly reports of the superintendent
and general agent for the three months just preceding said in-
spection. It shall also embrace a statement of the institution
as to health and general management, and such other matters
as may seem to them of sufficient interest to be contained
therein; and especially shall they report at any time any
malfeasance in office, or manifest incompetency in the dis-
charge of their duties on the part of the general agent or
superintendent, or any other officer. And the governor shall
immediately, upon the receipt of such report, investigate the
game; and if, in his judgment, there be sufficient cause therefor,
he shaj] forthwith remove the said officer. If the general as-
sembly is in session, he shall notify them of such removal ; if
not, he shall at once appoint a successor, who shall hold his
office until his successor be elected by the general assembly
and shall have qualified, unless sufficient cause be found for his
removal inthe meantime. Said board shall havea general
supervision over the penitentiary and penitentiary store, and
the officers thereof, and see that the laws for their govern-
ment are observed.”

“The clerk of the penitentiary.

Ҥ 35. The clerk of the penitentiary shall keep the journal
of the board of directors, record their proceedings as they
may direct, and copy such papers as they or the superintendent
may order. Heshall attend at the penitentiary daily and com-
pare the ward and delivery books and see that the entries
therein are correctly made. He shall keep regular books of
account, exhibiting the proper receipts and disbursements of
the institutions; make up the weekly invoices of deliveries to
the general agent, and charge them in the proper books to that
officer; make the tables and documents accompanying the re-
ports of the superintendent and general agent, and do and per-
torm all such duties as may be required by the rules of the
institution or the orders of the board or superintendent.”

Ҥ 37. He shall be the chief executive officer of the peni-
tentiary, and direct its internal police and management, sub-
ject to the control of the board of directors. He shall re-
strict the number of branches of manufacture to such as may
be necessary to meet the requirements of the institution, or
the requisitions of the various asylums in the state, and to
such as in his opinion may be most profitable to the state, not
to exceed six at any one time.”

Ҥ 40. The superintendent shal!, with the approval of the
board, make purchases of such supplies of raw material or
provisions as are presented at the institution for sale, and send
bills of same to general agent for payment, and make weekly
requisitions upon the general agent for such other supplies of
raw material or provisions as are needed at the penitentiary,
and receipt to him for the same. He shall keep, or have kept
in each ward, a book, showing separately an account of the
raw materials as received, and of the manufactures and work
done therein, and in his monthly report render an account,
showing the result of operations in each ward. He shall, on
the first Monday in each month during his continuance in
office, submit to the board of directors a report of transac-
tions during the month just past, in manner and form as fol-
lows: ‘Stdtement of the superintendent of the Virginia
penitentiary for the month of 18 ,as required by
law, in accordance with stock of materials,
raw and manufactured, as per last report. Materials received
from the general agent during the month, upon the requisi-
tion of the superintendent, as per invoice herewith. Supplies
on hand as per last report. Supplies received from the gen-
eral agent during the month, including coal, wood, provisions,
medicines, etcetera, etcetera, as per invoice herewith. Articles
delivered to general agent, as per invoice herewith; used in peni-
tentiary, or otherwise disposed of as per receipted bills.
Moneys received during the month: For hire of convicts, as
per contract approved by the board, copy of contract here-
with; for sale of fabrics, or from any other source whatever,
as per invoice herewith. Stock of materials, supplies, articles,
etcetera, on hand, unsold or undisposed of in any way, at date of
this report.’ The superintendent will take receipts in dupli-
cate for all articles disposed of by him, the amount received
for such ‘being plainly set forth therein. He will also take
duplicate receipted invoices of all articles turnished the gen-
eral agent for sale or otherwise. One copy of the receipt and
invoice will in every case be attached to the above mentioned
monthly return to the board of directors, and one will be re-
tained by the superintendent. The superintendent will in no
case disburse any moneys on account of the penitentiary, or
make sales of any articles, manufactured or otherwise, upon
credit. All moneys received by him shall, at the end of each
month, be paid into the hands of the general agent.”

“$42. He may, when he can without neglect of other du-
ties, sell and deliver such articles manufactured and work done
at the penitentiary, as may be called for there, delivering to
the general agent an account of such articles and work, pay-
ing to him all money received therefor. ” ]

‘“§ 49. The superintendent may employ a guard, not exceed-
ing ten persons, for the interior of the penitentiary, who shall
perform such duties as the superintendent (subject to the con-
trol of the governor) may direct.”

Ҥ 54. The general agent and storekeeper of the peniten-
tiary shall receive and give receipts for such of the goods
manufactured and work done at the penitentiary, as may be
delivered him, and shall account for the same at the prices men-
tioned in the invoices thereof, or return the same to the peni-
tentiary to be repriced; or, if the board so directs, sell the
same at auction. He and his sureties shall be responsible for
the amount of all debts, for such goods or work, contracted
with him or under his authority, and for all money received
by him as such agent, unless he shall obtain the written con-
sent of the board to sell goods to such responsible parties as
may be designated by the board, upon such terms as they can

urchase the same class of goods from other manufacturers,
and he shall report to the board, the amount and to whom
thus sold, once a month, or whenever they may call on Ifim for
suciy report.”

Ҥ 56. On the first Monday in each month, during his con-
tinuance in office, he shall submit to the board of directors a
statement of transactions for the month just passed, in man-
ner and form, aa follows: statement of the general agent and
storekeeper of the Virginia penitentiary; stock ,of materials,
raw and manufactured, on hand, as per last report; materials
delivered to the superintendent of the penitentiary during the
month upon his requisition; supplies on hand as per last re-
port; supplies delivered to the superintendent during the
month, including coal, wood, medicines, etcetera, as per in-
voice herewith; articles purchased for the use of the peniten-
tiary during the month by contract approved by the board—
copy of contract herewith; articles purchased without con-
tract for immediate use, as per receipted bills herewith; arti-
cles received from the superintendent of the penitentiary for
sale or otherwise during the month, as per invoice herewith ;
articles sold during the month, with amount received for them,
as per statement herewith; stock of materials, supplies, arti-
cles, etcetera, on hand undisposed of in any way at date of this
report; recapitulation; amount received for articles sold dur-
ing the month; amount paid for articles during the month by
contract; amount paid for articles during the month for im-
mediate use; balance due the commonwealth. When the said
balance shall exceed tiie sum of five hundred dollars, at the
end of any month, said excess shall be paid by the general
agent into the treasury, and should occasion afterward arise,
the said general agent may draw from the treasury, through
the auditor of public accounts, upon a requisition approved by
the superintendent and the board of directors, such amounts
as may be necessary for the wants of the institution—not to
exceed the whole amount standing to the credit of the peni-
tentiary, on the books of the treasury. In case of his death,
his personal representative shall, when the board may require,
settle with them an account of what the deceased agent 1s re-
sponsible for, and, on such settlement, shall produce the vouch-
ers for his payments. If, on a settlement, any balance appear
to be due from him, it shall be paid by him into the treasury,
to the credit of the institution. All such accounts shall, after
having been examined and corrected by the board, be made
a part of their annual report. For the more perfect carrying
out of this act, the treasurer is he:eby required to open a
debtor and credit account with the institution.

‘.§ 57. The general agent shall, at the end of each fiscal year,
render to the board accounts of his transactions for the same
year, in such manner as the board may require. On the one
hand, he shall be charged at the prices mentioned in the ac-
counts and invoices (delivered to him) with all goods and work
which shall, within the said year, have been disposed of. On
the other hand, he shall, after taking an inventory of the same,
have credit for such of the said goods and work as remain in
his hands at the end of the year; credit likewise for such
thereof as have been returned by him to the penitentiary, and
if sales of any be made at auction by order of the board, there
shall be a credit or charge as the case may require, for the differ-
ence between the amount of such sales and the prices with which
he may have been charged for what isso sold. He shall have
credit also for payments made by him within said year, under
the boards’ authority, and for such commission as is prescribed
by the seventeenth section of chapter fourteen. The said ac-
counts, after being examined, and where necessary, corrected
by the board, shall be made a part of the annual report, and
such entry made thereof by the clerk as the board may direct.

“$58. The general agent may carry on mercantile business
on his own account, trading in such articles as will not compete
with those manufactured in the penitentiary.”

2. All acts and parts of acts in conflict with this act, and
section forty-one of chapter two hundred and thirteen of the
Code of Virginia, (edition of eighteen hundred and sixty), are
hereby repealed.

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