Sect. 41. The said keeper of the jail, his deputies and assistants, in case any of the said offenders shall escape from confinement without the knowledge or consent of the said keeper, his deputies or assistants, shall forfeit and pay the sum of thirty dollars, to be recovered and applied in manner aforesaid. Provided, that nothing in this act contained shall be deemed or taken to extend to escapes voluntarily suffered by the keeper of the said jail.

Sec. 42. If any such offender, sentenced to hard labour, shall escape, he or she shall, on conviction thereof, suffer such additional confinement and hard labour, agreeably to the directions of this act, and shal! also suffer such additional corporal punishment, not extending to life or limb, as the court in which such offender shall have been convicted shall adjudge and direct. (x)

Sect. 43. If the jailor, or any other person, shall introduce into, or give away, barter, or sell within the said jail, any spirituous or fermented liquors, except only such as the said keeper shall make use of in his own family, or such as may be required for any prisoner in a state of ill health, and for such purpose prescribed by an attending physician, and delivered into the hands of such physician, or other person appointed to receive them, such person shall forfeit and pay the sum of twenty dollars, one moiety whereof to the use of the person suing, the other moiety to be paid to the said inspectors, for the purposes in this act contained.

Sect. 44. All acts and parts of acts coming within the purview of this act, shall, on the operation of this act, be thereby repealed. Sect. 45. So much of this act as respects the purchase of land, and building thereon the above mentioned jail and cells, shall commence and be in force from the passing thereof. The other parts thereof shall remain suspended in their operation until the governor, by the advice of council, shall issue his proclamation, declaring the said jail to be in a situation fit to receive offenders, when the said other parts of this act shall commence and be in operation. (y)

CHAP. II.

(See 1 Rev. Code, ch. 264, p. 402.)

An act supplemental to the act to amend the penal laws of this commonwealth, passed January twenty-fifth, 1800.

Sect. 1. From and after the period when the act, entitled 'An act to amend the penal laws of this commonwealth,' shall commence and be in full force and operation, if any free person shall be convicted (either as principal or accessory) of any felony or offence whatsoever, not already provided for by the said recited act, the punishment whereof, by the laws in force at and before the commencement of the said recited act, may amount to death, without the benefit of clergy, every such offender from whom the benefit of clergy would have been taken away, shall be sentenced to undergo a confinement in the jail and penitentiary house, established by the said recited act, for a period not less than

(x) The trial of prisoners for escapes is now to be had in the district court of Richmond. See act of 1803- 2 Rev. Code, ch. 41, sect. 3, p. 70. post ch. 9.)

(y) The executive by proclamation bearing date the 25th of March, 1800, declared the whole of this law to be in operation.

one, nor more than ten years, and shall be kept therein at hard labour, or in solitude, and in all other respects be treated as in and by the said recited act is directed.*

Sect 2. And whereas the method heretofore observed in calling courts for the examination and trial of criminals in the counties and corporations of this commonwealth, (z) has been found inconvenient and expencive, and sometimes to obstruct public justice. For remedy whereof, Be it further enacted and declared by the General Assembly, That hereafter when any free person or slave shall be committed to jail, by any justice of the peace of any county or corporation, for examination or trial, and the court summoned by the sheriff for the examination or trial of such free person or slave shall fail to meet as heretofore prescribed by law, all the recognizances entered into by any person or persons to appear at such called court, shall stand obligatory to the next court of such county or corporation, and every such person or persons shall be obliged to appear accordingly, and that such examination or trial shall be at the next court to be held for such county or corporation, which court shall be composed of the same number of justices as are now required by law; (a) any thing in this or any other act to the contrary notwithstanding.

Sect. 3. This act shall commence and be in force so soon as the act herein before mentioned and recited shall, by virtue of the governor's proclamation, commence and be in operation.

CHAP. III.

(See 1 Rev. Code, ch. 279, p. 410.)

An act for paying the expences of removing criminals from the district jaiis to the penitentiary house, and for other purposes, passed January twenty-first, 1801.

Sect. 1. Be it enacted by the General Assembly, That whensoever any person or persons shall be sentenced by a district court to undergo confinement in the jail and penitentiary house, it shall be lawful for a judge of such court, or any two justices of the peace of the county wherein the said court was held, by warrant under his or their hands and seals, to empower the sheriff charged with the conveyance of such prisoner, or prisoners, in all counties and places through which he shall pass with him or them, to impress, upon the best terms that the nature of the case will admit of, such and so many men,* horses, and boats, as shall be necessary for the safe conveyance of the said prisoner or prisoners to the said jail and penitentiary house; which warrant the sheriff is hereby required to execute, and to his commands, in virtue thereof, all persons are to pay due obedience. (b)

Sect. 2. The sheriff and guard attending any prisoner or prisoners,

* This section was adopted as a substitute for section sixteen of ch. 1, which, very inconsistently with the general principles of the law, declared that every felony, misdemeanor, or offence, not provided for by that act, should be punished as heretofore.

(z) See 1 Rev. Code, ch. 74, p. 102. 2 Rev. Code, ch. 34, p. 36.

(a) By act of 1803 (2 Rev. Code, ch. 34, sect. 1, p. 36. post ch. 8) the sheriff is to summon at least eight magistrates, five to constitute a court.

But no sheriff'shall summon more than two guards, to assist him in conveying any one convict to the penitentiary. 2 Rev, Code, ch. 121, sect. 3, p. 154.

(b) See an act of 1806 (2 Rev. Code, ch. 95, p. 121) for regulating impressments; and title Impress ents, of this work,

by virtue of a warrant, as aforesaid, shall be privileged from arrests in all cases, except treason, felony, and breaches of the peace, during the time that they are employed in conveying such prisoner or prisoners, to the said jail and penitentiary house, and in returning therefrom, allowing one day for every twenty miles from their places of abode; and shall be authorised to have and receive, each, one dollar and four cents for every day they shall be so employed, and four cents per mile for travelling to the said jail and penitentiary, and the same for returning, besides ferriages; and such sheriff shall also be allowed all necessary expences incurred by him, as well for horses and boats impressed for the purposes aforesaid, as for the support of the prisoner or prisoners, during the time of their removal.

Sect. 3. In case any horse or horses should be impressed by a sheriff, either for himself or any of the guard, all charges on account thereof, shall be deducted out of the pay of the person using such horse or horses; and the auditor of public accounts is required to issue his warrants on the treasurer for any money allowed by this act.

Sect. 4. Provided, however, that before the sheriff attending any prisoner shall be entitled to a warrant or warrnts, under this act, he shall produce to the said auditor a receipt from the keeper of the said jail and penitentiary, for the prisoner or prisoners which he was required to convey, and make oath that the number of men, boats, and horses impressed by him, in removing such prisoner or prisoners, and other expences thereby incurred, were, in his opinion, absolutely necessary. And any person impressed as a guard, by virtue of this act, before he shall receive a warrant for the sum to which he is entitled, shall make oath as to the number of days he was employed, the distance he travelled, and the ferriages paid, or to be paid by him.

Sect. 5. The keeper of the said jail and penitentiary, when he shall see cause, may request the aid of the attending physician, to any prisoner confined therein, the charges whereof, as well as for medicines for such prisoner, and the expences of supporting him or her, during his or her confinement, shall be paid out of the treasury, by order of the executive; which expences, as well as all others incurred for beds, bunks, blankets, sheets, coal for the manufactories, repairs of tools, and salary of the instructor, shall be charged to the convicts, in such proportions as to the inspectors shall seem just. (bb) And when any prisoner shall hereafter be sentenced by a district court to undergo confinement in the jail and penitentiary house, such prisoner shall be conveyed thereto by such sheriff, as the said court shall think proper to direct; and in case of death or inability to act, by such other sheriff as shall be appointed by any two justices of the peace, by warrant under their hands and seals; all expences attending the apprehension, confinement, examination, and trial of such prisoner, as also of removing him or her to the penitentiary house, shall be charged to such prisoner; and that the whole of such expences may be fully ascertained, the clerks of the county and district courts shall, within thirty days after the conviction of such prisoner, make and certify, as accurately as they can, to the clerk of the said jail and penitentiary, a statement of the ex

(bb) See an act of 1803 (2 Rev. Code, ch. 41, sect. 2, p. 70. post ch. 9) by which so much of any act as directs that an account shall be kept between the public and each convict in the penitentiary, is repealed.

as heretofore, shall ascertain in their verdict, whether it be murder in the first or second degree.

Sect. 2. Whosoever shall voluntarily, maliciously, and of purpose," bite off a nose, ear or lip, or bite off or disable any limb or member of another, with intention in so doing to kill, maim or disfigure such person, every such offender, his or her aiders, abettors and counsellors, shall be sentenced to undergo a confinement in the jail and penitentiary house, for a time not less than two, nor more than ten years; and shall also pay a fine not exceeding one thousand dollars, three fourths whereof shall be for the use of the party grieved.*

Sect. 3. Whosoever shall wilfully, maliciously, and of purpose, stab or shoot another, with intention in so doing to maim, disfigure, disable or kill such other person, every such offender, his or her aiders, abettors, and counsellors, shall be sentenced to undergo a confinement in the jail or penitentiary house, for any time not less than two nor more than ten years; and shall, moreover, pay a fine not exceeding one thousand dollars, three fourths whereof shall be for the use of the party grieved.

Sect. 4. Any party grieved under this act, or under the act passed the fifteenth of December, 1796, entitled, " An act to amend the penal laws of this commonwealth," shall be considered as a competent witness to prove any offence committed against either of the said acts, or any part thereof.

Sect. 5. Any person who shall be guilty of the crime of high treaSon, his or her aiders, abettors and counsellors, shall, on conviction thereof, be adjudged a felon, and suffer death, by hanging by

neck.

the

Sect. 6. This act shall not extend to any case of a slave accused or convicted of any of the offences herein mentioned.

Sect. 7. All acts and parts of acts coming within the purview of this act shall be, and the same are hereby repealed. [To commence the first of April, 1803,]

CHAP. VII,

(See 2 Rev. Code, ch. 21, p. 24:)

An act to amend the several laws concerning the penitentiary, passed
January twenty-ninth, 1803.

Sect. 1. Be it enacted by the general assembly of Virginia, that when any convict shall hereafter be condemned to confinement in the penitentiary, for a term longer than one year, the estate of such convict, if any he hath, both real and personal, shall, by the court of the county in which the property lies, be committed to the care and management of some person to be fixed on by the said court, who shall be a trustee for the convict, until his discharge from confinement. The trustee so to be appointed shall give bond and security, to be approved by the court, for taking care of the estate to him committed, and for its re-delivery to the convict on his application, after being discharged from confinement. He shall annually render to the court, by whom

* See title Maiming, of this work.

he shall be appointed, a true account of all necessary disbursements and expenditures by him made out of the said estate; and shall stand, in every respect, in the same situation as an administrator. He shall be liable to the action or actions of each and all of the creditors of the convict, who may think proper to sue for debts justly due them. He shall be compelled to pay the same, as far as the said estate will go; enjoying the privileges of an administrator as to the preference of his own debt, if any be due him; and shall possess the power of receiving, and recovering by action, when necessary, any debt which may be due the said convict. The said trustee shall allow a sufficient maintenance out of the estate of the convict to him committed, for the wife and family of such convict, if any he hath and in every case the wife shall be entitled to the same proportion of the estate of the convict, as if he had died intestate. The said trustee shall annually retain in his own hands such compensation out of the estate of the convict, as the court who appointed him shall deem reasonable and competent to his services.

8

Sect. 2. The wooden inclosure now at the penitentiary shall be enlarged, so as to accommodate the prisoners in confinement; for which purpose the sum of five hundred dollars shall be appropriated out of any money in the treasury.

Sect. 3. All offences, the punishment for which does not by law at present exceed a confinement in the penitentiary for a term of one year, shall be tried in the court of that county wherein such offence was committed; and in order to carry this power more fully into effect, be it further enacted, that the several courts sitting for the examination of persons accused of crimes shall, if they are of opinion that the party ought to be further prosecuted, and that the offence with which he or she stands charged is cognizable before the county or corporation courts, by this act, take the recognizance of such person, with sufficient security for his or her appearance at the next quarterly term held for such county or corporation, and in case of refusal or inability to give such security, he, she, or they, shall be committed to prison until discharged by due course of law.

Sect. 4. The mode of trial shall be by indictment found by the grand jury of such county or corporation, according to the rules adopted in the district courts. The sheriff shall immediately thereupon summon twelve good and lawful men, not members of the grand jury, and in every respect qualified as venire men are directed, by law in the said district courts, who shall constitute a jury for the trial of such person. The right of challenge shall be exercised as at present directed by law, in the case of felonies.

Sect. 5. Persons convicted under this act shall be punished by stripes on his or her bare back, not less than ten, nor more than forty, for any one offence, or by confinement in the penitentiary house, for a term to be fixed by the verdict of the jury by whom such person shall have been tried, not exceeding twelve months, nor less than six months, at the election of such convict; which election shall be made before the jury retire from the bar. (f) And if any person shall be

(f) See act of 1803 (2 Rev. Code, ch. 41, p. 70, sect. 4. post. ch. 9.) by which persons convicted of petty larceny (who are to be tried as directed by this act) shall be punished by stripes, not less than ten nor more than forty, or by confinement in the penitentiary, for a term not less than eighteen months, at the discretion of the jury.