such offender, his or her aiders, abettors and counsellors, shall, on conviction, be sentenced to undergo an imprisonment at hard labour, and solitary confinement, in the jail and penitentiary house, for not less than two, nor more than ten years.

Sect. 11. And be it further enacted, that if any slave shall hereafter attempt to ravish a white woman, and shall be thereof lawfully convicted, he shall be considered guilty of a felony, and shall be punished as heretofore.

Sect. 12. Those shall be let to bail who are apprehended for any crime not punishable with death, or confinement in the jail and penitentiary; and if the crime be so punishable, but only a light suspicion of guilt fall on the party, he shall in like manner be bailable: but if the crime be punishable with death, or confinement in the jail and penitentiary, and there be good cause to believe the party guilty thereof, he shall not be admitted to bail.

CHAP. XI.

(See 2 Rev. Code, ch. 91, p. 119.)

An act to punish certain thefts and forgeries, passed December thirtyfirst, 1806.

Sect. 1. Be it enacted by the general assembly, that if any person shall fraudulently obtain, or aid or assist in obtaining, from the bank of Virginia, or any of its offices of discount and deposit, any bank or post note, or money, by means of any forged or counterfeited check or order whatsoever, knowing the same to be forged or counterfeited, then every such person, being duly convicted thereof, shall be sentenced to suffer imprisonment in the jail and penitentiary house, for a period of time not less than two, nor more than ten years.

Sect. 2. And be it further enacted, that if any person shall forge or counterfeit, or aid in forging or counterfeiting, or keep or conceal, or aid in keeping or concealing, any instrument for the purpose of forging or counterfeiting the seal of the bank of Virginia, then every such person, being duly convicted thereof, shall be sentenced to suffer imprisonment in the jail and penitentiary house, for a period of time not less than five years, nor more than fifteen years.

Sect. 3. And be it further enacted, that if any person shall steal or take by robbery from another, any bank or post note, then every such person, being duly thereof convicted, shall be sentenced to suffer imprisonment in the jail and penitentiary house, for a period of time not less than three years, nor more than ten years. [To commence from the passing.]

CHAP. XII.

(See 2 Rev. Code, ch. 111, p. 140.)

An act concerning the internal regulations of the penitentiary house, passed January twentieth, 1807.

Sect. 1. Be it enacted by the general assembly, that so much of any act or acts, as requires that a board of inspectors shall be appointed for

the government of the jail and penitentiary house, and ascertains their powers and duties; and so much of any act or acts as empowers the said inspectors, with the executive and the attorney general, to form a board, with power to prescribe rules for the internal government of the said jail, shall be and the same are hereby repealed. (n)

Sect. 2. It shall and may be lawful for the governor, by and with the advice and consent of council, from time to time, to make and ordain all such rules and regulations as to them shall seem expedient, for the purchase of materials for the manufactories carried on within the jail and penitentiary house, and the tools and implements necessary therein; for contracting for the clothing and diet of convicts; for the sale of articles by them manufactured; for providing for and enforcing all such punishments by solitary confinement, low and coarse diet, or by stripes, not exceeding thirty-nine, as may be necessary for punishing offences, disobedience, profane cursing and swearing, indecent behaviour, idleness, and other breaches of duty and good order, committed within the jail and penitentiary house by the convicts therein confined; which rules and regulations, so ordained and established, it shall be the duty of the keeper, his clerks, assistants, and turnkeys, to obey and execute.

Sec. 3. In addition to the powers hereby vested in the governor and council, it shall and may be lawlul for them, from time to time, to execute any or all of the powers and duties at any time heretofore vested in or enjoined upon the mayor of the city of Richmond, the court of the said city, the inspectors, or the inspectors with the governor and council and the attorney general, whenever the exercise of all or any of the powers aforesaid shall to them appear expedient and necessary for the good government of the jail and penitentiary house.

Sect. 4. So much of any act or acts of assembly as allows to the keeper of the said jail any commission or commissions upon the purchase or sale of any article or manufacture shall be, and the same is hereby repealed. (0) But the governor, with the advice of council, may nevertheless contract with the said keeper, or with any other person or persons, for the diet and clothing of the prisoners; for the purchase of materials, tools, and implements, and for the sale of wares and merchandise manufactured within the said jail, on such terms as to them shall seem most adviseable for the public interest, and from time to time may make such reasonable allowances or commissions on the objects aforesaid, as they shall deem proper.

Sect. 5. The keeper shall compel every prisoner to perform his daily labour, unless such prisoner shall have been placed on the list of invalids by the physician, whose duty it shall be to visit the penitentiary once in every day (Sundays excepted) from the first of July to the first of November, once in two days the residue of the year, for the purpose of examining the convicts as to their health and ability to

work.

Sect. 6. The salary of the physiciar, appointed by the executive to visit the jail or penitentiary, shall be five hundred dollars, to commence from the first day of January, one thousand eight hundred and seven. [To commence from the passing.]

(n) See ant. ch. 1, and ch. 9, s ct. 5.

(6) Ant. ch. 1, seet. 37.

•

CHAP. XIII.

(See 2 Rev. Code, ch. 132, p. 166.)

An act to amend the penal laws of this commonwealth, passed February tenth, 1808.

Sect. 1. Be it enacted by the general assembly, that if any slave or slaves, at any time hereafter, shall wilfully and maliciously burn or set fire to any barn, stable, corn-house, or other house, or shall advise, counsel, aid, abet, or assist any slave or slaves, free negro or mulatto, to commit either of the said offences, being thereof lawfully convicted, if the amount of the burning be of the value of ten dollars, he, she, or they, shall be deemed guilty of felony, and shall suffer death, as is provided in other cases of felony.

Sect. 2. If any slave or slaves shall wilfully and maliciously burn or set fire to any stack or cock of wheat, barley, oats, corn, or grain, or to any stack or cock of hay, straw or fodder, or shall advise, counsel, aid, abet, or assist any slave or slaves, free negro or mulatto, to commit either of the offences in this section mentioned, being thereof lawfully convicted, he, she, or they shall be deemed guilty of felony, and shall be burnt in the hand, and receive on their back any number of lashes not exceeding thirty-nine, as the court in their discretion may think fit to inflict. [To commence from the passing.]

CHAP. XIV.

(See sessions acts of 1808, ch. 4, p. 5.)

An act allowing persons arraigned of misdemeanors, in certain cases, the right of challenge, passed January ninth, 1809.

Be it enacted by the general assembly, that in all cases where any person or persons shall hereafter be put upon his, her or their trial for any misdemeanor, the punishment whereof is or shall be confinement in the jail and penitentiary house of this commonwealth, such person or persons shall be allowed the same right of challenge as is allowed to persons arraigned for felony. [To commence from the passing.]

CHAP. XV.

(See sessions acts of 1808, ch. 23, p. 31.)

An act to amend the penal laws of this commonwealth, passed February seventh, 1809.

Sect. 1. Be it enacted by the general assembly, that if any person shall voluntarily, wilfully, and of purpose, destroy or conceal the last will and testament of any decendent, or any codicil to such last will and testament, or shall wilfully aid or assist in the destroying or con

cealing any such last will and testament, or any codicil thereto, with intent to prevent the probate thereof, or to defraud any devisee or legatee under such last will and testament, or codicil thereto, he or she so of fending, being legally convicted thereof, shall be deemed guilty of felony, and shall be sentenced to undergo a confinement in the jail and penitentiary house, for a period not less than one nor more than ten years.

Sect. 2. When a presentment shall be made by a grand jury of this commonwealth, in any of the superior courts thereof, having criminal jurisdiction, of a felony committed by any person; and the person so presented would be entitled to a trial before an examining court of his or her county; it shall be the duty of the judge who presides when such presentment is made, to issue his warrant, directed to any sheriff or constable, for apprehending the person so charged, and commit him, her or them, to the jail of the county where the presentment shall charge the said offence to have been committed; and upon the person so charged being apprehended and committed to jail, the jailor shall immediately notify some justice of the peace, in and for his county, thereof; which justice shall issue his warrant to the sheriff of his county, commanding him to summon the justices thereof, for the purpose of holding an examining court upon the person committed, under the same rules and regulations examining courts are now directed to be held upon persons charged with felony. And it shall be the duty of the said sheriff to summon the witnesses who gave evidence before the grand jury when the presentment was made (as well as any others) to attend the said examining court. A list of the names of the witnesses who gave evidence before the grand jury shall be endorsed upon the warrant by the judge, at the time of issuing the same. [To commence from the passing ]

The act of the 20th of January, 1807 (ant. ch. 12) having abolished the board of inspectors, and transferred to the executive the powers formerly exercised by them, as well as the power of making and ordaining rules and regulations for the internal government of the penitentiary, the executive, on the 23d of January, 1807, adopted frovisionally the then existing rules and regulations; and afterwards adopted the following:

ADVICES OF COUNCIL

CONCERNING THE

PUBLIC JAIL AND PENITENTIARY HOUSE.

IN COUNCIL, January 31st, 1807.

1. IT is advised that an agent for the penitentiary be appointed, to reside in the city of Richmond, whose duty it shall be to purchase all the raw materials which may be necessary for the internal operations of that institution, and every other article which may be required for

the use of the prisoners, except what relates to their diet; and to sell at some convenient place in the said city, all the articles manufactured for sale at the penitentiary, for which services he shall be allowed a commission of five per centum on the gross amount of sales, deducting from such commission, however, the expense of transporting the manufactured articles from the penitentiary to the city of Richmond.*

2. It shall be the duty of the keeper of the penitentiary, on every Monday throughout the year, to deliver to the said agent, every article manufactured by the convicts during the preceding week, except such as may be directed by the executive to be manufactured for the public service, and excepting also, such tools and implements, and other articles, as may be made by the convicts for the use of the institution. An invoice containing an accurate account of the several articles sent from the penitentiary, either for sale or the use of the commonwealth, as the case may be, shall be made out by the keeper and forwarded with the said articles; and the receipt of the agent, or other person who shall be authorised by the executive to cause any articles to be manufactured at the penitentiary, for the public service, annexed to a duplicate of such invoice, shall be a sufficient voucher to the keeper. The like proceedings shall be had with respect to all articles purchased by the agent for the use of the penitentiary.

3. It shall be the duty of the agent as well as the keeper of the penitentiary, regularly, on the first days of March, June, September, and December, in every year, to render to the executive an accurate state-" ment of their accounts, together with the vouchers on which each item is founded; a copy of which account they are also to furnish to each other. The said agent shall give bond in the penalty of fifteen thousand dollars, with such security as shall be approved by the executive, for the faithful performance of the duties of his office; shall at all times be removable at the pleasure of the executive; and shall quarterly pay into the treasury whatever balance shall remain in his hands.

4. The clerk of the penitentiary shall keep a regular account with the agent; and also an account between the commonwealth and the penitentiary. At the several periods above mentioned, he is to ren-, der to the executive a detailed account of the operations of the penitentiary, during the preceding quarter, in which every item of debit and credit is to be entered, and at the end of the year he is to furnish a general result of those operations, shewing whether the commonwealth is gainer or loser by the institution.

5. At the commencement of each quarter, or oftener, if necessary, the keeper of the penitentiary shall lay before the executive a statement of the several articles, as well as the monies which he may deem necessary for the use of the institution during the quarter; and no monies shall be drawn from the treasury, or articles purchased by the agent, but by order of the executive.

6. The keeper of the penitentiary shall be allowed a commission of fifteen per centum on the clear profits of the institution, after deduct- " ing all the expences incident thereto. And each turnkey and assist

Agents have since been appointed residing in Petersburg, Lynchburg, and Fredericksburg, for the purpose of selling articles manufactured at the penitentiary. All the purchases of raw materials are made by the agent at Richmond.