Chap. 201.—An ACT to amend and re-enact sections 4110, 4113, 4114, 4115, 4143,
4164, 4155, 4156, 4167, 4168, 4172, 4173 of the Code of Virginia, and sections
4123, 4124, 4159, 4162, as amended and re-enacted by an act entitled an act to
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 governing
the management of the penitentiary, approved February 19, 1892, and sections
4133, 4160, and 4167, as amended and re-enacted by an act entitled an act to
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, as
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 6, 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, forty-one hun-
dred and fifty-seven, forty-one hundred and sixty-eight, forty-one hur-
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-
one hundred and sixty-seven, forty-one hundred and seventy-three, of
chapter two hundred and two, Code of Virginia, in relation to rules
governing the management of the penitentiary, approved February nine-
teenth, eighteen hundred and ninety-two, ard sections forty-one hun-
dred and thirty-three, forty-one hundred and sixty, and forty-one hun-
dred 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-
one hundred and thirty-two, forty-one hundred and_ thirty-three,
forty-one hundred and thirty-six of the Code of Virginia, and
sections forty-one hundred and thirty-seven, forty-one hundred
and thirty-eight of the Code of Virginia, as amended by an act
approved March sixth, eighteen hundred and ninety, and sec-
tions forty-one hundred and sixty, forty-one hundred and sixty-seven
of the Code of Virginia, as amended by an act approved February nine-
teenth, eighteenth hundred and ninety-two, relating to rules govern-
ing the penitentiary, approved March eighth, eighteen hundred and
ninety-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
control; authority of superintendent to employ prisoners out of en-
closure.—The lot of twelve acres and fourteen square rods of land on
which the penitentiary is situated, and the lot numbered seven hun-
dred 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 so much of the square of land be-
tween Cary and Main and Jefferson and Madison streets as is re-
served in the deed dated the eleventh day of March, eighteen hun-
dred and eighty-five, from the board of public works to Samuel W.
Vemable and Edward C. Venable, recorded in the chancery court of
the city of Richmond, in deed-book one hundred and twenty-seven C,
pege four hundred and seventy-one, together with all the rights re
served in said deed, and the pipes and fixtures for conveying water
to that institution, and a certain one-half acre lot at the corner of
Byrd and First streets (number seven hundred and thirty), fronting
on the west line of First street one hundred and sixty-three feet and
four inches, running back on the south side of Byrd street one hun-
dred and thirty feet, it being the lot deeded by Karr’s heirs to the
Commonwealth, shall remain the property of the Commonwealth for
the use of the said penitentiary. The superintendent shall have cus-
tody of the property of the penitentiary, real and personal, and he
shall, in the name of the Commonwealth, have authority to institute
and prosecute any suit or proceeding for the recovery of any such pro-
perty, 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 cultivating 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.

§ 4113. Board to prescribe rules, and so forth; how posted.—The
bdard, with the approval of the governor, may, from time to time, pre-
scribe rules, not contrary to law, for the preservation of the property
at, and the health of the convicts in, the penitentiary, and the govern-
ment of the interior thereof. Printed copies of such of the said rules
as relate to the government and punishment of the convicts, and of
‘any provisions of law which the said board, with the approval of the
governor, may direct, shall be posted up in at least six conspicuous
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 the
judgment furnished by the clerk of the court of conviction of each
convict, and keep a register describing him, the term of his confine-
ment, for what offense, and when received into the institution.

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

§ 4123. Male prisoners to subscribe to rules, and so forth; how re-
fractory, and so forth, convicts provided for; disposition of insane.—
Before any male prisoner shall be permitted to labor in the shops, or
elsewhere out of his room, he shall make and subscribe such promise
of obedience and fidelity to the rules and orders of the institution, as
shall be prescribed by the board as approved by the governor, and it
shall be the duty of the superintendent, as far as practicable, to pro-
vide suitable employment in separate rooms for the refractory and
obstinate and for those of disordered mind, or who, for any cause,
ar unfit to be congregated in the shops. If at any time there is rea-
snable ground to doubt the sanity of a convict, the superintendent
shall report it to the governor, who shall order such convict to be
irought before the circuit court of the city of Richmond, which is
hetchy charged with the trial of the fact as to his sanity, in the man-
net provided in section four thousand and thirty-two, and if the jury
find him insane, he shall be transferred to one of the lunatic asylums,
as provided in sections sixteen hundred and seventy-two and sixteen
hundred and seventy-three, and when restored to sanitv he shall be
mturned to the penitentiary in the manner prescribed in section four
thousand and thirty-three.

$4124. Males and females to be kept separate; how clothed; in-
fant.—The male and female convicts shall be kept separate from
eich other, and the males shall have their heads and beards close
shaven, or shorn once a fortnight and oftener, if need be. Every con-
vet shall he clothed at the public expense in a distinctive uniform for
each sev, made of coarse material. An infant accompanying a con-
viet mother te the penitentiary, or born after her imprisonment therein,
sh" he returned. on attaining the age of four years, to the county or
ety from which the mother came, to be disposed of as the county or
arcuit court of said county, or the hustings or corporation court of
said city, having jurisdiction, may order.

$4133. He may also furnish them to countics to work on county
toads.—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 circuit court,
nvicts whose term of service, at the time of the application for them,
doves not exceed five vears, to work on the county roads, under such
tzulations as the board of supervisors may prescribe in conformity
wth this chapter, and on such conditions as to safe-keeping as the
surerintendent and said board may agree upon: provided, that if
the supervisors shall deem it best that the convicts furnished be em-
Piwed on any turnpike or macadamized road in their county, the
sail hoard may so employ them, or arrange for their employment on
such read with the company authorized to construct the same.
_ $4143. Punishment for misbehavior.—A convict guilty of profanity,
“decent, behavior, idleness. neglect or wilful mismanagement of work,
“uubordination, an assault not amounting to felony, or a violation
of any of the rules prescribed by the board, with the approval of the
gemor, may, under orders of the superintendent, subject to the said
Ttles, he punished by lower and coarser diet, the iron mask or gag,
soitary confinement in a cell or the dungeon, or by stripes. Under
‘uh 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-
fre him in a cell or the dungeon until such trial.

$4154. Meeting of board; quorum; their duties and powers; when
ard may remove superintendents, and so forth, and appoint succes-
Sea nem 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 each month at the peni-
tentiary the respective superintendents shall submit their reports, and
they may meet at such other times as the respective superintendents
may request or any three of the directors may think necessary. It
shall be their duty once in three months to inspect the penften-
tiary 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. 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 discharge of their duties, on the part of the
superintendent or any other officer.

The board shall investigate any misbehavior, incapacity, neglect of
official duty, or acts performed without authority of law, on the
part of the superintendents or surgeons, and if in 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 superintendents, for good cause, shall re
move all other officers and employees of the penitentiary and prison
farm, and fill their unexpired terms, subject to the approval of
the board of directors.

§ 4155. Power of board in investigating; duty of clerk; how wit-
ness paid.—-When an investigation is ordered by the board as to a mat-
ter concerning the penitentiary, or the conduct of persons connected
therewith, the clerk of the penitentiary, by order of the board, may
issue a summons, directed to the sheriff of the county of Henrico, or
to the sheriff or sergeant of the city of Richmond, commanding him
to summon anv person to attend at the penitentiary on a certain
day, to give evidence before the board, and may administer an oath
to such person. The board shall have like powers, under sections
thirty-three hundred and fifty-four and thirty-three hundred and fifty-
five, as if it was a court whose clerk had issued the summons. And the
clerk of the penitentiary shall make such entry as would, under sec-
tion thirty-five hundred and forty-nine, if the attendance was before
a court, be made by the clerk thereof. The sum to which the wit-
ness is entitled shall be paid out of the funds of the institution.

§ 4156. Annual inventory.—Three or more of the directors shall,
at the end of each fiscal year, attend the taking of the inventories of
the goods and stock on hand at the penitentiary and prison farm.

§ 4157. Annual report of board to be laid before general assem-
bly.—The board shall annually, before the first of October, make a
report to the governor, to be laid before the general assembly,
showing the expense to the State of the penitentiary and prison farm
for the previous fiscal year, and their condition at the end of such year,
the manner in which the rules have been executed, and their efféct,
ind making any proper suggestions as to the discipline and organiza-
ion of the penitentiary and: prison farm.

$4159. Where superintendent may reside, his fuel, and so forth;
nis duties—The superintendent may reside in one of the dwelling-
iouses on the penitentiary grounds fronting on Relvidere street, and
hall be allowed his fuel, water, and gas. He shall be the chief execu-
ive officer of the penitentiary, and shall direct its internal police and
nanagement, subject to the control of the board of directors.

Second. The first assistant keeper may reside in the other of the
wo houses on said ground, and shall be allowed his fuel, water, and gas.
$4160. How clerk, assistant clerk, assistant superintendent, and
eepers appointed ; their oath; matron.—The superintendent shall ap-
“int and may remove, subject to the approval of the board of direc-
om, a clerk of the penitentiary and an assistant clerk, one assistant
uperintendent, who shall act in the place of the superintendent in
is absence, also four keepers and a matron, all of whom shall take
he oath of office prescribed by law for public officers.

$4162. The superintendent may purchase material and supplies for

he penitentiary and prison farm. ‘Ihe respective superintendents shall,
ith the approval of the board, and under such regulations as it may
rescribe, purchase such material and provisions as may be necessary
or the penitentiary and prison farm, of which they shall keep an ac-
nunt showing separately the kind and quantity of material and pro-
sions purchased, and the price thereof.

$4167. Employment of guard; their number and duties; how dis-
ussed; right of guard and officers to carry weapons; absentees, and
) forth—The superintendent of the penitentiary may employ a guard
ot exceeding forty-nine persons as the exterior and interior guard of
ie penitentiary, who shall each take an oath faithfully to discharge
1¢ duties of his office, and shall perform such duties as the superin-
‘ndent, subject to the control of the board, may direct. Any person.
‘ emploved may be dismissed from service by the superintendent,
ith the approval of the board. It shall be lawful for any officer or
uard to carry sufficient weapons to prevent escapes, suppress rebellion,
nd for self-defense, and to use the same against any convict for such
urpose. The superintendent may adopt regulations, approved by the
wird, under which leave of absence may be granted to an officer,
«per, or member of the guard. If any absentee furnishes satisfac-
rv evidence to the superintendent that his absence was unavoidable
“m sickness, his full pay may continue during such absence, not ex-
«ding twenty days in any one year, and beyond that time at the rate
fifteen dollars per month, not exceeding three months.

£4168. Compensation of guard; how paid.—The compensation of
e said guard shall be at the rate of fifty dollars per month for each
ember thereof, and their officers, other than the superintendent and
assistant superintendent, shall be fifty-five dollars per month, which
shall be paid monthly, upon the certificate of the superintendent, on the
warrant of the auditor of public accounts.

The said guards shall have during the year as much as ten days’ va-
cation, without deduction of pay, which 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 employed as the regularly-emploved guards. And each
guard employed at the prison farm shall have during the vear fifteen
days’ vacation, without deduction of pay, to be on consecutive days, or
at stated periods, in the discretion of the superintendent of the prison
farm.

$4172. Superintendent may contract for emploving convicts within
penitentiary; contractors may erect additional shops.—The superin-
tendent, by and with the advice and consent of the board, may enter
into contracts for the employment of convicts in the penitentiary, not
otherwise employed, 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 of
the convicts so hired: provided, that the State shall not incur any ex-
pense thereby.

$4173. Tasking convicts; how compensation for work done beyond
task fixed and paid—The superintendent, with the consent and ad-
vice of the board, may establish a system of tasking the convicts in the
different wards of the penitentiary, when it can be done, and allow to
any 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 be paid
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 board, 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 fixed by the superintendent, with the approval of the board.

2. All acts and parts of acts inconsistent with this act are hereby re
pealed.

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