§ 3. If any judge or justice have notice of a riotous, tumultuous or unlawful assembly, in the county or corporation in which he resides, and fail to proceed immediately to the place of such assembly, or as near as he may safely, or fail to exercise his authority for suppressing it and arresting the offenders, he shall be fined not exceeding one hundred dollars. (Id.) § 4. If any person, engaged in such assembly, being commanded as aforesaid to disperse, fail to do so without delay, any such judge or justice may require the aid of a sufficient number of persons, in arms or otherwise, and proceed, in such manner as he may deeu expedient, to disperse and suppress such assembly, and arrest and secure those engaged in it. (Id.) § 5. If by any means, taken under authority of this act, to disperse any such assembly, or arrest and secure those engaged in it, any person present, as spectator or otherwise, be killed or wounded, any judge or justice exercising such authority, and every one acting under his order, shall be held guiltless; and if the judge or justice, or any person acting under the order of either of them, be killed or wounded in taking such means, or by the rioters, all persons, engaged in such assembly, shall be deemed guilty of such killing or wounding. (Id.) 3 § 6. If any rioter, being free, pull down or destroy, in whole or in part, any dwelling-house, or assist therein, he shall be confined in the penitentiary not less than one nor 3 S occupies a house, the front room on the first floor as a store, the back room as a dining room, the upper rooms as sleeping apartments for her family; but the only mode of ascent to the upper rooms is outside the house. A riotous destruction of the front door and window of the store room, is an offence under the act Code, ch. 195, § 6. Samanni v. Com'th, 16 Gratt. 543. A partial pulling down or destruction of a dwelling-house is an offence under the act Code, ch. 195, § 6: In this differing from the English statute. Id. more than five years; and though no such house be so injured, every rioter and every person unlawfully or tumultuously assembled, if free, shall be confined in jail not more than one year, and fined not exceeding one hundred dollars. (Id.) § 7. If a free person, habitually, carry about his person hid from common observation, any pistol, dirk, bowie-knife, or weapon of the like kind, he shall be fined fifty dollars. The informer shall have one half of such fine. (Acts 1838, p. 76, ch. 101; 1847–8, p. 110, § 8.) 4 A jury may well find a habitual or general wearing of concealed weapons, from evidence that the defendant was seen once wearing concealed weapons under circumstances which satisfies them it was his general practice. Hicks v. Com., 7 Gratt. 597. § 1. The lot of twelve acres and fourteen square rods of land on which the penitentiary is situated, and the lot numbered seven hundred and twenty-nine, being one fourth of a square in the city of Richmond, between the southwest end of First street and the eastern boundary of the land aforesaid, and the square of land between Cary and Main and Jefferson and Madison streets, containing the penitentiary spring, with the pipes and fixtures for conveying water to that institution, shall be and remain the property of the Commonwealth for the use of the said penitentiary, and shall be under the control of the board of directors. The superintendent shall have the custody of the property of the penitentiary, real, personal, and mixed, (which has not been delivered to the general agent or to his account,) and he shall, in the name of the Commonwealth, have authority to institute and prosecute any suit, prosecution or proceeding for the recovery of any such property or its value, or for any injury thereto, which may be proper to protect the rights of the State. He shall have authority to employ the prisoners in improving and cultivating any part of the lands aforesaid, or in repairing the water-pipes and fixtures, or the roads from the penitentiary to proper points of intersec tion with the streets, or in taking out or bringing into the. enclosure any necessary thing to or from the said city or the James River Canal. Acts 1849-50, p. 14, ch. 15, § 1.) C. V. 1860, ch. 213, § 1. § 2. The public jail and penitentiary-house shall continue under the name of "The Penitentiary;" to be appropriated to the confinement of convicts sentenced according to law to confinement therein by the courts of this Commonwealth. Persons sentenced to imprisonment by a court of the United States, held in Virginia, for a term of three years or more, may also be confined therein, with the approbation of the superintendent and board of directors (which approbation shall be recorded on the journal of the said board,) and be safely kept and employed, pursuant to the rules of the prison, so far as is not inconsistent with such sentence, until discharged by due course of the laws of the United States: Provided, that before any other such prisoner shall be received in said penitentiary, the United States shall pay the sums now due or which shall be due for the confinement and support of their prisoners, and in future, pay half yearly, at the rate of thirty cents per day for the imprisonment and support of every such prisoner now in prison or hereafter so imprisoned, with proper medical charges. Acts 1857-8, ch. 30, p. 40.) § 3. Annually its condition shall be examined and reported on, by a joint committee of the General Assembly. (Acts 1824-5, p. 9, ch. 7, § 7.) § 4. The Governor may, from time to time, prescribe rules, not contrary to law, for the preservation of the property at, and the health of the convicts, in the penitentiary, and the government of the interior thereof. Printed copies of such of the said rules, as may relate to the goverment and punishment of the convicts and of any provisions of law which the Governor may direct, shall be posted up at least six conspicuous places of the interior. (1 R. C. p. 624, § 31; p. 627, § 47. Acts 1828-9, p. 11, ch. 11, § 1.) in |