1893-4, p. 29. Amendment 1891-2, p. 510. Sec. 4167. Employment of guard, their number and duties; how dis- As Amended missed; right of guard and officers to carry weapons; absentees, &c. Previous The superintendent may employ a guard, not exceeding fifty persons, as the interior and exterior guard of the penitentiary, who shall each take an oath faithfully to discharge the duties of his office, and shall perform such duties as the superintendent subject to the control of the governor may direct. Any person so employed may be dismissed from service at the discretion either of the board or the superintendent. It shall be lawful for any officer or guard to carry sufficient weapons to prevent escapes, suppress rebellion, and for self-defence, and to use the same against any convict for such purpose. The superintendent may adopt regulations approved by the board under which leave of absence may be granted to an assistant keeper or member of the guard. If any absentee furnishes satisfactory evidence to the superintendent that his absence was unavoidable from sickness his full pay may continue during such absence not exceeding twenty days in any one year, and beyond that time at the rate of fifteen dollars per month not exceeding three months. Sec. 4173. Tasking convicts; how compensation for work done As Amended 1891-2, p. 511. beyond task fixed and paid.—The superintendent with the consent and advice of the governor 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 beyond his task, which shall be placed to his credit and paid to him when he is discharged 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 purchased by the superintendent as provided in section forty-one hundred and sixtytwo and charged to the convicts at cost. The amount to be allowed for work done shall be fixed by the superintendent with the approval of the board. Sec. 4173 a. To authorize the superintendent of the Virginia peni= 1893-4, p. 56. tentiary to lease or purchase a farm and to erect thereon suitable buildings for the care and employment of convicts (preamble omitted).— The superintendent of the Virginia penitentiary be and he is hereby authorized with the approval of the board of directors and the governor to purchase or lease a farm with the option of purchase and erect thereon suitable buildings and stockades for the care and employment of convicts unfit for service in the penitentiary or who for sanitary or other reasons should be removed therefrom, and to purchase such stock and implements, seeds, supplies, and materials as may be needed for the cultivation of the same or for such other work as the board of directors and superintendent may deem expedient: provided, that such farm shall be easily accessible to the penitentiary by water or rail. 2. There shall be a surgeon for said farm appointed by the governor, whose compensation shall be at the rate of fifty dollars per month; a manager appointed by the governor on the recommendation of the superintendent, whose compensation shall be fifty dollars per month and board and who shall have charge of the cultivation of the farm and shall perform such other duties as may be assigned him, all under the direction of the superintendent; and such guards as may be necessary, appointed by by the superintendent-their compensation shall be twenty dollars per month and their board. 3. All laws for the government of the penitentiary shall be in force on said farm so far as applicable and the same discipline enforced there as in the penitentiary. 4. The superintendent shall at the end of each fiscal year make out a general account between the state and farm for such year, charging the latter with the value of the stock, tools, implements, materials, and supplies, including provisions and clothing on hand at the commencement of the year and the cost of the same bought during the year, the salaries of officers and guards, and all other expenses of the farm, and crediting it with work done by the convicts on the buildings and permanent fixtures on the farm, the value of the stock, tools, implements, and so forth, on hand at the end of the year, the value of all products furnished the penitentiary, all moneys received for sale of such products, and all other debits and credits necessary to show a true account of the farm with the state. 5. All costs of lease or purchase, erection of buildings, pay of manager, surgeon and guards, and other expenses of said farm shall be paid out of the net earnings of the penitentiary by warrants drawn on the treasury as prescribed in section forty-one hundred and sixty-four of the code of eighteen hundred and eighty-seven provided, that the costs of the lease or purchase and erection of buildings shall not exceed twenty-five thousand dollars. Previous CHAPTER CCII A. COMMITMENT OF CRIMINALS WHO ARE MINORS TO THE PRISON ASSOCIATION OF VIRGINIA. As Amended Sec. 4173 b. To authorize certain persons when arrested or con1897-8, p. 605. Original Act victed to be committed to the custody of the prison association of 1889-90, p. 131. Virginia. That whenever any minor charged with any crime or with Amendment being a vagrant or disorderly person is convicted it shall be lawful 1895-6, p. 658. for the court, judge, or justice before whom the conviction is had, in the discretion of such court, judge, or justice, with the consent of the prison association of Virginia, to direct that the minor convicted shall be committed to the custody and control of the said prison association of Virginia, and said association shall have the same power and authority over any such minors as the proper authorities of the state penitentiary now have with regard to the persons committed to it and shall be entitled upon the certificate of the judge of Henrico county to the same compensation for caring for them which the jailers of this commonwealth were entitled to for the same number of persons January first, eighteen hundred and ninety-eight: provided, however, that no minor so convicted and committed to said association as a vagrant or disorderly person shall be held or detained by said association for a longer period than eighteen months from the date of such conviction and that no minor convicted of a misdemeanor shall be committed to the said association for a period shorter than two nor longer than three years from the date of such conviction, and no minor convicted of a felony shall be committed to the said association for a period shorter than three nor longer than five years from the date of such conviction: and provided, further, that in all cases of conviction by a justice where an appeal lies to a higher court other than cases where such minor is committed to the said association at the request or with the consent of the parent or legally qualified guardian of such minor an appeal may be taken from the action of the justice before whom such conviction is had at any time within fifteen days from the date of such conviction: and provided, further, that said prison association of Virginia shall have the right to discharge any minor committed to it at any time when in the judgment of the proper authorities of said association such discharge will be to the best interests of said minor. Sec. 4173 c. Commitment of minors to prison association of Vir- 1895-6, p. 521. ginia and their custody.-1. No person shall be committed to or reAs Amended ceived into the custody of the prison association of Virginia after such 1897-8, p. 519. person shall have reached the age of seventeen years, nor shall any person 2 Va. L. K. 903. be held or detained by the said prison association of Virginia after such person shall have reached the age of twenty-one years. 93 Va. 667. 2. It shall be the duty of every judge, court, or magistrate who shall commit any minor to the custody of the prison association of Virginia first to notify the said association or its appropriate officer that said minors will be so committed with the assent of said association, and if said association shall assent to said commitment it shall become its duty to send a proper officer or guard to receive and take charge of said minor, who shall be regarded as in the legal custody of said association from the time of being delivered to such officer or guard; and the proper travelling and other expenses of such officer or guard and of such minor shall be allowed and paid by the auditor of public accounts, but the expenses of only one such officer or guard in each case shall be so allowed and paid unless upon the certificate of the president or other chief officer of said association that more than one officer or guard was necessary and the reasons therefor. 3. Jurisdiction of all habeas corpus and other proceedings to test the right As Amended of said prison association of Virginia to retain custody of such minors as 1897-8, p. 519. shall be committed or surrendered or received into its custody shall be had exclusively before the judge of the circuit court of the city of Richmond in term time or vacation: provided, that in the absence of said judge from said city such proceedings shall be had before the judge of the law and equity court. Sec. 4173 d. Support and maintenance, in certain cases, of minors committed to the prison association of Virginia.--In all cases where a minor is committed to the custody and control of the prison association of Virginia upon the ground that such minor is a disorderly person or a vagrant it shall be the duty of the court, judge, or justice making such commitment, after notice to the parent or other person legally liable for the support and maintenance of such minor, to inquire whether or not such parent or other person is able to support and maintain such minor, and if it be found that such parent or other person is able to support and maintain such minor in whole or in part then such court, judge, or justice shall enter an order that such parent or other person legally liable as aforesaid pay to the treasurer of the prison association of Virginia toward the support and maintenance of such minor such sum monthly, not exceeding eight dollars per month, as shall under all the circumstances be just and equitable, which order until set aside upon proper proof shall stand as a continuing judgment and be enforceable and collectible as are other judgments of the said court, judge, or justice: provided, that any money realized by proceedings under this act shall to that extent go to the relief of the commonwealth from any liability or obligation for the support and maintenance of any minor whose parent or other person liable for his support and maintenance shall have contributed thereto under this act. 1897-8, p. 494. Sec. 4173 e. To prevent the escape of persons in the custody of 1893-4, p 91. the prison association of Virginia.—1. If any person committed to the custody of the prison association of Virginia shall escape or attempt to 1897-8, p. 493. escape therefrom such person upon complaint of the proper authorities of said association shall be deemed guilty of a misdemeanor, and shall be punished by confinement in jail not exceeding six months, at the expiration of which term of imprisonment such person may with the consent of said association be recommitted to the custody thereof. 2. That if any person induce or assist a minor in the custody of the prison association of Virginia to escape therefrom, or knowingly harbor such minor after such escape, such person shall be punished by a fine not exceeding five hundred dollars and by confinement in jail not exceeding six months. 3. That it shall be the duty of all officers throughout the commonwealth having the power to arrest, including police officers in cities, to apprehend in their respective counties and corporations without process and to deliver to the proper authorities of the prison association of Virginia any person who may have escaped from its custody. 4. That sections thirty-seven hundred and fifty-two, thirty-seven hundred and fifty-three, thirty-seven hundred and fifty-four, thirty-seven hundred and fifty-five, thirty-seven hundred and fifty-six, and thirty-seven hundred and fifty-seven of the code of Virginia be construed to embrace and apply to persons in the custody of the prison association of Virginia, to the buildings of said association, and to the officers of its schools and other institutions as freely and to the same effect as said sections now embrace and apply to the persons in custody, and to the prisons, prisoners, jails, jailers, and other officers in said sections especially mentioned. Sec. 4173 f. The governor of the commonwealth shall have the right and authority in certain cases to pardon minors convicted and committed to the custody and control of the prison association of Virginia, and to release said minors from such custody and control.-The governor of the commonwealth shall have the right and authority to pardon minors convicted and committed to the custody and control of the prison association of Virginia and to release them from such custody and control: provided, it shall be made to appear that the case is a proper one for the exercise of executive clemency and that the said prison association of Virginia, upon proper application made to it, has refused to discharge said minor or has failed to act upon the application for such discharge within thirty days after such application has been made. CHAPTER CCIII. OF CRIMES BY CONVICTS. As Amended 1893-4, p. 734. Previous 1887-8, p. 521. 90 Va. 345. CHAPTER CCIV. OF PROCEEDINGS IN CRIMINAL CASES AGAINST CONVICTS. Sec. 4179. Jurisdiction for trial of convicts.-All criminal proceedings against convicts in the penitentiary shall be in the circuit Amendment court of the city of Richmond: provided, that when convicts are employed upon any work of public or private improvement in any county in the state the criminal proceedings against them may be in the county court of the county in which the convict is so employed or in the circuit court of the city of Richmond. That an act entitled an act to amend and re-enact section forty-two hundred and nineteen, code of Virginia, edition of eighteen hundred and eighty-seven, in regard to criminal proceedings against convicts, approved March fifth, eighteen hundred and eighty-eight, is hereby repealed. Sec. 4180. [90 Va. 345.] Sec. 4181. [90 Va. 345.] Sec. 4182. [90 Va. 345.] Sec. 4183. [90 Va. 345.] TITLE 56. FUGITIVES FROM JUSTICE, AND THE GOVERNOR'S AUTHORITY IN CRIMINAL CASES. CHAPTER CCV. OF THE EXTRADITION OF FUGITIVES FROM JUSTICE FROM FOREIGN NATIONS Sec. 4197. [93 Va. 711.] Sec. 4198 a. *To authorize the governor to grant a conditional par- 1897-8, p. 732. don to persons confined in the penitentiary upon recommendation of the board of directors of said institution.-Whenever any person is confined in the penitentiary for any offence and shall have served out half of his term of imprisonment he shall be allowed to file a petition with the board of directors of the said institution setting forth that he has served half of his term, that he has kept the prison rules in every respect, and asking the said board to recommend him to the governor as a proper person to receive a conditional pardon. 2. The said board of directors or any two of them upon receipt of said petition shall inquire into the statements made therein, and if they find them to be true and that the convict is a person fit to receive a conditional pardon they may recommend him to the governor for that purpose. 3. The governor, after examining the petition and the proof filed to sustain it and the recommendation of the board of directors, may grant a conditional pardon to the convict upon such conditions and with such restrictions and under such limitations as he may deem proper, and he may issue his warrant to the superintendent of the penitentiary to carry such pardon into effect. 4. There shall be attached to the warrant issued by the governor to the superintendent of the penitentiary mentioned in the next preceding section the conditions and restrictions under which the pardon is granted, and the said superintendent shall cause a copy thereof to be certified to the clerk of the court in which the offender was convicted to be preserved by the said clerk as other records are. *As to governor's power to pardon minors committed to the Prison Association of Virginia see ante section 4173 ƒ. |
