1895-6, p. 412.

As Amended 1897-8, p. 292. 88 Va. 618.

mony such indictment or presentment was made, shall be certified and delivered by the clerk of the court in which it is found to some justice of the district in which such offence was committed, said justice to be designated by the court in its order, and such justice shall forthwith deliver such copy of said indictment or presentment to the sheriff or some constable of his county or sergeant or policeman of his corporation, which copy shall have the force and effect of a warrant of arrest, and the officer shall thereupon arrest the person or persons so indicted or presented and carry such person or persons before said justice for trial and shall summon the witnesses aforesaid to appear before such justice, and the same proceedings shall be had thereon as are had upon a warrant issued by a justice: provided, that in any city in which there is a police justice the powers and jurisdiction conferred by this section shall not be exercised by any other justice of such city except when acting for and in the stead of the police justice according to law. Each police justice and justice of the peace shall try or procure some other justice to try every misdemeanor which is brought before him as herein provided.

Sec. 4106 a. To dispense with formal warrants in certain cases before the police justices and justices of the peace.-In any case where a person has been arrested for a misdemeanor by a police officer of any city or town while in the discharge of his duty as such police officer it shall not be necessary for any justice of the peace or police justice to issue any warrant for such person, but he shall proceed to try the same without a warrant unless the person so arrested in person or by his counsel shall demand that the charges against him be reduced to writing in the form of a warrant.

Sec. 4107. Right of appeal to court in ten days; accused to be committed to jail unless let to bail; justices to return papers to clerk; county, corporation, and hustings court to have the right to amend the 1 Va. L. R. 24. warrant or issue a new warrant.-Any person convicted by a justice

91 Va. 726.

93 Va. 159.

under the provisions of the preceding section shall have the right at any time within ten days from such conviction to appeal to the county, corporation, or hustings court. When an appeal is taken at the time the judgment is rendered the accused shall unless let to bail be committed to jail by the justice until the next term of such court and the witnesses recognized to appear at the same time. When an appeal is taken subsequent to the entry of the judgment of conviction the justice shall enter the allowance of the appeal on the warrant, and he or the county or corporation court or the judge thereof as the case may be may admit the accused to bail. The justice shall forth with return and file the papers with the clerk of the court, whether the appeal be applied for or not.

Upon the trial of the warrant in the county, hustings, or corporation court the court shall have authority upon its own motion or upon the request either of the attorney for the commonwealth or for the accused to amend the form of the warrant in any respect in which it appears to be defective. But when the warrant is so defective in form that it does not substantially appear from the same what is the offence with which the accused is charged or even when it is not so seriously defective the judge of the court having examined on oath the original complainant, if there be one, or if he sees good reason to believe that an offence has been committed then without examination of witnesses may issue under his own hand his warrant reciting the offence and requiring the defendant in the original warrant to be arrested and brought before him.

Upon the arrest of the defendant on the new warrant and his production or appearance in court the trial shall proceed upon the new warrant.

Where there is an amendment of the original warrant the trial shall proceed on the amended warrant. But whether the warrant is amended or new warrant is issued the court before proceeding to trial on the same may grant a continuance to the commonwealth or to the prisoner upon such terms as to costs as may be proper under the circumstances of the case. Where a warrant is amended or a new warrant is issued the costs already accrued shall be taxed against the defendant if he is ultimately convicted as a part of the costs arising under the new or amended warrant. But the commonwealth shall not be liable for the costs of the defendant.

Sec. 4107. [88 Va. 618; 91 Va. 726.]

Sec. 4108. [88 Va. 618; 91 Va, 726; 1 Va. L. R. 24.]

TITLE 55.

PENITENTIARY.

CHAPTER CCII.

OF THE ORGANIZATION, GOVERNMENT, AND DISCIPLINE OF THE PENITENTIARY.

Sec. 4123. Male prisoners to subscribe to rules, &c.; how refrac- As Amended 1891-2, p. 508. tory, &c., 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 governor, and it shall be the duty of the superintendent as far as practicable to provide suitable employment in separate rooms for the refractory and obstinate and for those of disordered mind or who for any cause are unfit to be congregated in the shops. If at any time there is reasonable 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 circuit court of the city of Richmond, which is hereby charged with the trial of the fact as to his sanity in the manner 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 sanity he shall be returned to the penitentiary in the manner prescribed in section four thousand and thirty-three.

Sec. 4124. Males and females to be kept separate; how clothed; As Amended infants.-The male and female convicts shall be kept separate from 1891-2 p. 509. each other, and the males shall have their heads and beards close shaven or shorn once a fortnight and oftener if need be. Every convict shall be clothed at the public expense in a distinctive uniform for each sex, made of coarse material. An infant accompanying a convict mother to the penitentiary or born after her imprisonment therein shall be returned on attaining the age of four years to the county or city from which the mother came to be disposed of as the county court of said county or the hustings or corporation court of said city may order.

As Amended 1893-4, p. 926.

As Amended 1893-4, p. 926.

As Amended 1893-4, p. 926.

As Amended 1893-4, p. 927.

As Amended

Sec. 4130. Superintendent may employ convicts in working on public buildings, &c., at Richmond, &c.—The superintendent shall at the discretion and under the direction of the governor employ them at Richmond or elsewhere in the state in improving, repairing, or working on the public buildings, grounds, and property, or executing work under contract with individuals or companies or in cultivating grounds for the use of the penitentiary.

Sec. 4132. Superintendent may employ them on grounds of state agricultural society. The superintendent, at the request of the president of the Virginia state agricultural society, may in his discretion order the employment of convicts on the grounds of said society, imposing such conditions and restrictions as he may deem proper.

Sec. 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 court, convicts whose term of service at the time of the application for them does not exceed five years, to work on the county roads under such regulations as the board of supervisors may prescribe 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 shall deem it best that the convicts furnished be employed on any turnpike or macadamized road in their county the said board may so employ them or arrange for their employment on such road with the company authorized to construct the same.

Sec. 4136. Superintendent may hire convicts to railroad companies to which counties are subscribers.-After providing for all demands under section forty-one hundred and thirty-three the superintendent shall have authority to hire to any railroad company in this state to which counties are subscribers any convicts which may remain in the penitentiary or who may be employed under existing contracts in any quarry or on any railroad to which counties are not subscribers whose term of service at the time of application for them does not exceed ten years: provided, such contracts can be lawfully cancelled.

Sec. 4137. Terms and conditions upon which they are to be so 1893-4, p. 927. hired. The superintendent of the penitentiary upon the order of the govPrevious Amendment ernor shall deliver on the part of the state able-bodied convicts selected

1889-90, p. 196. for work upon public improvements by the surgeon of the penitentiary.

Said convicts shall be furnished medicine and medical attention by the state. A sufficient number of convicts to perform all camp duties—namely, such as cooking, washing, cleaning, and attendance upon the sick-shall also be furnished by the state without charge for hire to the contractors. In selecting the convicts said surgeon shall be governed by the provisions of section forty-one hundred and twenty-five, code of eighteen hundred and eighty-seven.

The governor shall appoint the camp surgeons and these shall have charge of the several convict camps of the railroad companies hiring convicts. It shall be the duty of said surgeons to render all necessary medical and surgical attention to the convicts and to see that said convicts are properly fed, quartered, clothed, disciplined, and humanely treated, and to report monthly to the superintendent of the penitentiary as to the condition of the men under their care at each respective camp. The camp surgeons shall jointly with the chief engineer or some other authorized officer of the railroad companies make and sign a time sheet showing the number of days'

work actually performed on the improvement by the convicts under their care for the railroad companies, and shall transmit the same in duplicate to the superintendent of the penitentiary and the superintendent of the railroad companies. It shall likewise be the duty of the surgeons to make requisitions upon the superintendent of the penitentiary from time to time for such clothing, bedding, and medicines as may in their judgment be required for the men under their charge.

The superintendent of the penitentiary shall report quarterly to the auditor of the state the amount due the state for the hire of said convicts and the amount of the cost price of the clothing and bedding to be furnished as aforesaid, and he or some officer of the penitentiary authorized and selected by him shall inspect the railroad companies' convict camps not less frequently than once in every sixty days, making on the occasion of each inspection a report of their condition to the governor of the state.

The railroad companies hiring said convicts shall defray the cost of transporting the convicts hired by them from and returning them to the penitentiary, and shall feed, house, clothe, bed, and guard said convicts while in their employment, and they shall also defray the same expenses of the convicts furnished as aforesaid to perform camp duties.

Railroad companies shall have power to employ such agents, overseers, and guards as they may deem necessary for the safe keeping and proper management of the convicts in their charge; and such agents, overseers, and guards shall have the same authority to compel labor, enforce obedience, and prevent escape as the agents or officers of the same grade of the state penitentiary: provided, however, that no punishment shall be inflicted without the authority of the surgeon in charge, and he shall have power to order and compel the removal of any guard whom he may consider unfit for the place.

The railroad companies shall pay quarterly to the superintendent such sum as may be agreed upon per day for each day's work of ten hours actually performed on the improvement, which sum shall be paid by the companies in addition to all expenses required to be paid by them as aforesaid.

Previous

Amendment 1889-90, p. 197.

Sec. 4138. Which railroads to be first supplied; when superin- As Amended tendent may hire convicts for employment on works of internal 1893-4, p. 928. improvement, and what compensation.-The railroads projected to run through counties without railroads and through those having the least number of miles of taxable railroads shall be first supplied. After all demands under sections forty-one hundred and thirty-three and forty-one hundred and thirty-six have been filled the superintendent may in his discretion hire the remaining convicts or any of them to any contractor to be employed on any work of internal improvement in the state on the same conditions, except that the state shall receive as compensation not less than thirty cents in lawful money for each day's labor actually performed.

Sec. 4144. Record to be kept of conduct of convicts; to have credit As Amended for good conduct; record of punishment, &c., of convicts; inspection of 1895-6, p. 354. same. The superintendent shall keep a record of the conduct of each convict, and for every month that a convict appears by such record to have faithfully observed the rules and requirements of the prison and not to have been subjected to punishment there shall with the consent of the governor be deducted from the term of service of such convict four days. Every time any convict is punished the name of the offender, the offence, a full and detailed description of the punishment, the time when the offence was committed, and when punishment inflicted, shall be recorded in a register provided for the pur

As Amended 1891-2, p. 509.

As Amended 1891-2, p. 509.

1895-6, p. 859.

As Amended

1893-4, p. 928. Previous

Amendment 1891-2, p. 510.

As Amended 1891-2, p. 510.

As Amended 1891-2, p. 510.

As Amended 1891-2, p. 510.

pose. Said register shall be monthly inspected by the board of directors of the penitentiary and examined and reported upon biennially by a joint committee of the general assembly.

Sec. 4152. Who may enter interior of penitentiary; visitors not to converse with convicts.-The governor, members of the general assembly, ministers of any religious denomination for performing religious service, and the officers and others having duties or business therein may go into the interior of the penitentiary. Any person who shall obtain a permit to do so from the governer may also visit the same. The board of directors shall prescribe the time and conditions on which all other persons may enter the interior of the penitentiary. There shall be no conversation between a visitor and a convict unless special license therefor be given by the governor or superintendent.

Sec. 4159. Where superintendent may reside; his fuel, &c.; his duties. The superintendent may reside in one of the dwellinghouses on the penitentiary grounds fronting on Belvidere street and shall be allowed his fuel, water, and gas. He shall be the chief executive officer of the penitentiary, and shall direct its internal police and management subject to the control of the board of directors.

Sec. 4159 a. Superintendent of penitentiary to keep account of all expenses incurred in delivering convicts to penitentiary (preamble omitted). The said superintendent of state prison shall keep a strict account of all expenditures incurred by extra guard hire and all other expenses such as may be necessary for the safe delivery of said convicts to the prison, and he shall make an annual itemized report of same.

Sec. 4160. How clerk, assistant clerk, assistant superintendent, and keepers appointed; their oath; matron.-There shall be appointed by the governor on the recommendation of the board of directors a clerk of the penitentiary and an assistant clerk, and on the recommendation of the superintendent one assistant superintendent, who shall act in place of superintendent in his absence, and also four keepers, all of whom shall take the oath prescribed by law for public officers.

The governor shall also, if the board recommend it, appoint a matron of the female department.

Sec. 4161.

[Repealed with amendment of 1891-'92, page 510. Acts 1893-'94, page 929.]

Sec. 4162. The superintendent may purchase material and supplies for penitentiary.-The superintendent shall with the approval of the board and under such regulations as it may prescribe purchase such material and provisions as may be necessary for the institution, of which he shall keep an account showing separately the kind and quantity of material and provisions purchased and the price thereof.

Sec. 4163. Moneys received to be paid into treasury; how paid out. He shall at the end of each month or oftener if the board direct pay all money received by him into the treasury to the credit of the penitentiary fund, and the same shall be paid out on the order of the superintendent approved by the board.

Sec. 4164. Monthly report of superintendent.-He shall make a report to the board at its first meeting in each month of his receipts for the hire of convicts and from any other source, and also of his disbursements during the past month, vouchers for which shall be examined by the board and preserved by the clerk.