Id., p. 360, 24.

Id., p. 365, 50.

Id., p. 366, 51.

Id., 52, 45.

Id., 53.

Id., 254.

Id., 55.

Id., 256.

Id., p. 369, 63.

Sec. 4164. Moneys received to be paid into treasury; how paid out.—He shall, at the end of each month, 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. 4165. Annual general account of Superintendent; how made up; what to show. He shall, at the end of each fiscal year, state a general account between the state and the penitentiary for such year, charging the latter with the value of the tools, machinery, fixtures, and materials on hand at the commencement of the year; the rations furnished for the convicts; the salaries of all the officers, and all the contingent expenses of the penitentiary; and crediting it with the work and repairs done by the convicts on the prison and other public property; other work of the convicts; the clothing furnished the convicts; and the value of the tools, machinery, fixtures, and materials on hand at the end of the year; with all other debits and credits necessary to show a true account of the institution with the state.

Sec. 4166. To be examined, &c., by directors.-The said account shall be laid before the board of directors, and, when approved by them and balanced, be made a part of their annual report.

Sec. 4167. Employment of guard; their number and duties; how dismissed; right of officers and guard to carry weapons.-The Superintendent may employ a guard, not exceeding thirty 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.

Sec. 4168. Compensation of guard; how paid.-The compensation of the said guard shall be at the rate of forty-five dollars per month for each member thereof, which shall be paid monthly, upon the certificate of the Superintendent, on the warrant of the Auditor of Public Accounts.

Sec. 4169. Convicts employed outside of penitentiary to be guarded.— While the convicts are employed in any work on the public grounds, or property outside of the penitentiary, they shall be attended by a sufficient guard, detailed therefor by the Superintendent, and be subject to his orders.

Sec. 4170. Reward for convict escaping; how paid.-If any convict escape from the penitentiary, or from the custody of the Superintendent, he may offer a reward for the apprehension and re-delivery of such convict, not exceeding five hundred dollars; one-half thereof to be paid by the institution, and the other by the Superintendent, his assistants, and the interior guard, in proportion to the amount of their salaries.

Sec. 4171. Who not entitled to it.—None of said officers shall be entitled to any such reward or any part of it, unless expressly authorized by the Superintendent.

Sec. 4172. Superintendent may contract for employing convicts within penitentiary; contractors may erect additional shops. -The Superintendent, by and with the advice and consent of the Governor, may enter

into contracts for the employment of convicts in the penitentiary, not otherwise employed; and, as far as practicable, confine such convict labor to manufacturing purposes. Additional shops may be erected by the contractors, in the penitentiary grounds, for the employment of the convicts so hired: Provided, that the state shall not incur any expense thereby.

Sec. 4173. Tasking convicts; how compensation for work done beyond Id., 264. 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 in the penitentiary, where 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 requests that a portion or all of it be paid to his dependent family, or near relatives, the Superintendent may do so at any time during his imprisonment. The amount to be allowed for work done beyond his task shall be fixed by the board of directors and the Superintendent.

2 Va. Cas., 467.

21 Gratt., 790.

Sec. 4174. What acts committed by a convict confined in the penitentiary, 1877–8, p. 369, or being in custody of an officer thereof, amount to felony.-A convict con- c. 22, 21. fined in the penitentiary, or in custody of an officer thereof, shall be deemed guilty of felony if he kill, wound, or inflict other bodily injury upon an officer or guard of the penitentiary; or escape from the penitentiary or such custody; or break, cut, or injure any building, fixture, or fastening of the penitentiary, or any part thereof, for the purpose of escaping or aiding any other convict to escape therefrom, or rendering the penitentiary less secure as a place of confinement; or make, procure, secrete, or have in his possession, any instrument, tool, or thing for the said purpose, or with intent to kill, wound, or inflict bodily injury as aforesaid; or resist the lawful authority of an officer or guard of the penitentiary for the said purpose, or with such intent.

Sec. 4175. What conspiracy by convicts, a felony.--Any three or more Id., 2. convicts so confined, or in such custody, who conspire together to commit any offence mentioned in the preceding section, shall be deemed guilty each of felony.

Sec. 4176. Punishment for said offences.--A convict guilty of such kill- Id., p. 370, 13. 21 Gratt., 790. ing as is mentioned in section forty-one hundred and seventy-four, or of any act therein mentioned, from which death ensues to such officer or guard, shall be punished with death. For any other offence mentioned in either of the two preceding sections, a convict, unless he be under a

Id., 24.

Id., 25.

sentence of confinement for life, shall be confined in the penitentiary not less than one nor more than five years after the end of the term for which he shall then be subject to confinement; and, whether he be under such sentence for life or not, he shall be kept in solitary confinement for such portion of the term of his confinement in the penitentiary as may be fixed by the jury, not being more than one-half nor less than one-twelfth part of the time that he may be confined therein, after being sentenced under this chapter; which solitary confinement may commence immediately on his being so sentenced, but shall not exceed a month at any one time.

Sec. 4177. Convict not to be discharged pending prosecution, nor, on conviction, sentenced to further imprisonment under sec. 3905 or 3906.-A person prosecuted for an offence under this chapter, shall not be discharged from the penitentiary while such prosecution is pending. And a person, convicted of such offence, shall not, by reason thereof, be sentenced under section thirty-nine hundred and five or thirty-nine hundred and six, except as in the following section.

Sec. 4178. If convict commit any other felony, how punished.-If a convict in the penitentiary commit any felony, (other than is provided for in sections forty-one hundred and seventy-four, forty-one hundred and seventy-five, and forty-one hundred and seventy-six), which is punishable by confinement therein or with death, he shall suffer the same punishment as if he had been discharged before committing it.

CHAPTER CCIV.

OF PROCEEDINGS IN CRIMINAL CASES AGAINST CONVICTS.

1877-8, p. 370, c. 23, 1.

Sec. 4179. Jurisdiction for trial of convicts.-All criminal proceedings 2 Va. Cas., 467. against convicts in the penitentiary shall be in the circuit court of the city of Richmond.

Id., p. 371, 2. 2 Rob., 845.

Sec. 4180. When a convict who has been before sentenced to penitentiary, has not been sentenced to additional term of confinement, what Superintendent to do. When a person convicted of an offence, and sentenced to confinement therefor in the penitentiary, is received therein, if he was before sentenced to a like punishment, and the record of his conviction does not show that he has been sentenced under section thirty-nine hundred and five or thirty-nine hundred and six, the Superintendent of the Penitentiary shall give information thereof, without delay, to the said circuit court of the city of Richmond, whether it be alleged or not in the indictment on which he was so convicted, that he had been before sentenced to a like punishment.

Sec. 4181. Duty of circuit court of Richmond in such case.-The said Id., 23. 2 Rob., 845. court shall cause the convict to be brought before it, and upon an information filed, setting forth the several records of convictions, and alleging the identity of the prisoner with the person named in each, shall require the convict to say whether he is the same person or not.

2 Rob., 845.

Sec. 4182. The proceeding, where prisoner denies identity or stands mute. Id., 24. If he say he is not, or remain silent, his plea or the fact of his silence shall be entered of record, and a jury of by-standers shall be impaneled to inquire whether the convict is the same person mentioned in the several records.

2 Va. Cas., 465.

Sec. 4183. How sentenced, if identity confessed or proved.-If the jury Id., 25. find that he is not the same person, he shall be remanded to the penitentiary; but if they find that he is the same person, or if he acknowledge in open court, after being duly cautioned, that he is the same person, the court shall sentence him to such further confinement as is prescribed by chapter one hundred and ninety, on a second or third conviction as the case may be.

Sec. 4184. Proceedings for trial of offences committed in penitentiary Id., 26. may be at regular or special term.-Upon a complaint in writing, and under oath, presented to the said circuit court, or the judge thereof in vacation, that any convict in the penitentiary has committed an offence punishable under chapter two hundred and three, proceedings may be had for the said offence, either at a regular term of the court, or at a special term, to be appointed by its order, or by a warrant of the judge, directed to the clerk of the court, who shall give notice of such special term to the attorney for the commonwealth and other officers of the court.

Sec. 4185. Issue of process; how grand jury selected and summoned. The clerk shall issue all necessary process; and a special grand jury shall be summoned by the officer of the court, from a list of names furnished by the judge thereof, to attend at the time appointed in such warrant, or at such other time as the court may direct.

Id., 27.

21 Gratt., 790.

Sec. 4186. Duty of judge, when indictment found.-The judge of said Id., p. 372, §8. court, when an indictment is found against the accused, shall issue a warrant to the Superintendent, to bring him before the court, as well as any other persons confined in the penitentiary, who are required as witnesses on either side, and cause a venire facias to issue for his trial.

any

Sec. 4187. Who are competent witnesses in such prosecutions; proceed- Id., 29. ings in other respects same as in trial of other felonies; exception.-In 2 Gratt., 580-2. such prosecution, any convict in the penitentiary shall be a competent witness for or against the accused. In all other respects, the proceedings, trial, and judgment shall be had, pronounced, and executed as in other cases of prosecutions for offences punishable with death, or confinement in the penitentiary; except, that in case of the sentence of death, the judgment of such court shall be executed by the Superintendent of the Penitentiary.

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 AND

Sec.

OTHER STATES; AND THE GOVERNOR'S AUTHORITY TO OFFER REWARDS FOR
ARRESTS, GRANT PARDONS, COMMUTE CAPITAL PUNISHMENT, AND REMIT
FINES.

4188. Governor to surrender fugitive from

foreign nation on requisition of President of the United States. 4189. Discretion in Governor to deliver fugitive without such requisition; when delivery made; what evidence required; how expense defrayed.

4190. Surrender of fugitives from other

states.

4191. When a justice may issue warrant
of arrest; where officer may exe-
cute it; before whom accused to
be brought.

4198.

4199.

victed of or charged with offences. Power of Governor to pardon. Commutation of capital punishment. Governor may not remit fines. Exceptions.

arrest.

4201.

4193. The justice to inform Governor; his

To whom return on warrant of Governor to be made.

duty.

1877-8, p. 372, c. 24, 31.

Id., 2.

Id., p. 373, 23.

Sec. 4188. Governor to surrender fugitive from foreign nation on requisition of President of United States.-The Governor shall, whenever required by the executive authority of the United States, pursuant to the constitution and laws thereof, deliver over to justice any person found within the state, who is charged with having committed any crime without the jurisdiction of the United States.

Sec. 4189. Discretion in Governor to deliver fugitive without such requisition; when delivery made; what evidence required; how expense defrayed. The Governor, though not so required, may, in his discretion, deliver over to justice any person found within the state, who is charged with having committed, without the jurisdiction of the United States, any crime, except treason, which by the laws of this state, if committed therein, is punishable with death or confinement in the penitentiary; such delivery shall only be made on the requisition of the duly authorized officers or agents of the government, within the jurisdiction of which the crime is charged to have been committed; and the Governor shall require such evidence of the guilt of the person so charged, as would be necessary to justify his apprehension and commitment for trial had the crime charged been committed within this state. The expense of apprehension and delivery shall be defrayed by those to whom the delivery is made.

Sec. 4190. Surrender of fugitives from other states.-Any person charged in another state of this Union with treason, felony, or other crime, who