§ 5. The clerk of the penitentiary shall file and preserve the record of the trial and conviction of each convict, and keep a register describing him, the term of his confiement, for what offence, and when received into the institution. (1 R. C. p. 620, § 18.)

Committee of Convict's estate.

§ 6. When a person, other than a married woman, is sentenced to confinement in the penitentiary for more than a year, the estate of such convict, if he have any, both real and personal, shall, on the motion of any party interested, be committed by the court of the county or corporation in which his estate, or some part thereof, may be, to a person selected by the court; who, after giving bond before the said court, in such penalty as it may prescribe, shall have charge of said estate until such convict is discharged from confinement. (1 R. C. p. 631, § 63. Acts 1820-21, p. 21, ch. 14, § 1, 2.)

§ 7. Such committee may sue and be sued, in respect to debts due to or by such convict and any other of the convict's estate, and shall have the privilege of an administrator, as to the right of retaining for his own debt.

(Id.)

§ 8. He shall allow, (subject to the claims of creditors,) a sufficient maintenance out of the convict's estate, for his wife and family if any; the wife to be entitled, so long as he is confined, to the profits of such portion of his estate, as she would have if he had died intestate. (Id.)

§ 9. The committee shall render accounts of his trust, and may be made to account therefor, shall be entitled to compensation for his services, and may forfeit his right thereto, in the same manner as if he were an administrator or guardian. (Id.)

§ 10. Every such committee shall deliver such estate, as he may be liable for at that time, to the convict on his discharge, or to his real and personal representatives on his death before being discharged. (Id.)

§ 11. If the person so appointed refuse the trust, or fail to give bond as aforesaid, the court, on like motion, shall commit the estate to the sheriff of the county or sergeant of the corporation, who shall be the committee, and he and the sureties in his official bond, bound for the faithful performance of the trust. (Acts 1822-3, p. 35, ch. 31.)

§ 12. The real estate of such convict may be sold, when necessary for the payment of his debts, in the same manner, as the real estate of an insane person1 in the hands of a committee.

Treatment of convicts.

§ 13. Every convict, when first brought to the penitentiary, shall be washed, cleaned and kept in a separate lodging, until the surgeon certifies he is fit to be put among the other prisoners; and the clothes he wore shall be either destroyed, or purified and preserved until he is discharged, and then returned to him. (1 R. C. p. 623, § 28.)

§ 14. (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. (Acts 1849-50, ch. 15, § 3, p. 15.)

§ 15. The male and female convicts shall be kept separate from each other, and the males shall have their heads and beards close shaven or sheared, once a fortnight or oftener if need be. Every convict shall be clothed at public expense, in a distinctive uniform for each sex, made of coarse materials. (Id. § 19, 20. Acts 1836-7, p. 18, ch. 18, § 4.)

1 See C. V. 1860, ch. 85, § 56, 57, 58; Id. ch. 128, § 1, 2; 2 Matthews' Dig. p. 284-5, § 46. 47, 48; Id. 378–9, § 2–5.

§ 16. The convicts shall be kept to the hardest labor suitable to their sex and fitness, and such of them, as need be, instructed in some mechanic art. (1 R. C. p. 623, § 29. Acts 1823-4, p. 17, ch. 10, § 9.)

§ 17. Social intercourse, conversation and acquaintance between the convicts, shall be prevented as far as may be, and silence constantly observed by them as far as possible. (1 R. C. p. 624, § 29. Acts 1823-4, id.)

§ 18. The convicts shall be fed on bread of Indian meal, or other coarse bread, and have one meal a day of coarse meat. The board of directors may change or regulate the diet for good cause. (1 R. C. p. 623, § 29. Acts 1839, p.

16, § 2.)

§ 19. The accounts for purchases of diet for the prisoners shall be certified by the boad of directors to the Auditor of Public Accounts for payment. The superintendent

may, when he may deem it necessary, or the physician shall so advise, change the diet, and adapt it to the health or condition of the prisoners, or any of them, or he may allow extra diet to those who need it. He shall cause the hospital, and all the cells and rooms of the prison to be white-washed (by prisoners qualified for the purpose,) twice a year or of tener, and the floors to be washed as often only as may be necessary for health and comfort. The Governor shall prescribe by rules and regulations the hours within which the prisoners shall be employed at the respective branches of business carried on in the institution, and the time they shall labor in each day, and also the times and conditions upon which persons may visit the interior of the penitentiary. (Acts 1849-50, ch. 15, p. 15, § 4.) 1 R. C. p. 624, § 30; p. 625, § 38.

§ 20. The superintendent may allow them, at stated times, to walk for the benefit of their health, in the yard, and, with the approbation of two of the directors, to work therein;

but in either case, in the presence or view of the superintendent or an assistant. (Id.)

§ 21. He shall, at the discretion and under the direction of the Governor, employ† them at Richmond, or within twenty miles thereof, in improving, repairing or working ou the public buildings, grounds and property, or in executing work under contract with individuals or companies, or in cultivating rented grounds for the use of the penitentiary. (Acts 1839, p. 15, ch. 18, § 1; 1842-3, p. 21, ch. 16,; 1843-4, p. 20, ch. 21; 1845-6, p. 16, ch. 8, § 6; 1866-7, p. 790, § 2.)

§ 22. Each convict shall be locked up during the night and every Sunday, (except to attend religious service,) and when the number of apartments will permit, each separately, unless in the hospital. (1 R. C p. 625, § 37. Acts 1823–4, p. 16, § 9.)

§ 23. A convict guilty of profanity, indecent behavior, idleness, neglect, or wilful mismanagement of work, insubordination, an assault not amounting to felony, or a violation of any of the rules prescribed by the Governor, may, under the orders of the superintendent, subject to the said rules, be punished by lower and coarser diet, the iron mask or gag, solitary confinement in a cell or the dungeon, or by stripes. Under such orders and subject to the said rules, the superintendent may, when a convict is charged with an offence, for which he is to be tried under chapter two hundred and fourteen, or two hundred and fifteen, confine him in a cell or the dungeon until such trial. (1 R. C. p. 624, 6, § 31, 41. Acts 1823-4, p. 17, § 9; 1846–7, p. 67, ch. 80, § 1.)

† See "an act to authorize the Superintendent and Directors of the Penitentiary to hire the Convicts to the City of Richmond," passed April 29, 1867; also "an act to authorize the Governor to hire out the Convicts in the penitentiary to learn stone-cutting or other mechanical trades," passed April 29, 1867. Acts 1866-7, p. 960, 961.

§ 24. The board, in its discretion, may allow a convict, on his discharge, not exceeding thirty [dollars, and, if he needs it, a suit of coarse clothing. (1 R. C. p. 625, § 35.)

§ 25. The surgeon to the penitentiary shall visit the penitentiary once at least every day, and oftener, when there are cases of sickness requiring it, or when he is called on to attend by the superintendent. Before leaving the city of Richmond at any time, he shall notify the superintendent of his intention, and the time he expects to be absent, and what physician may be called on to officiate for him, in his absence. (Acts 1831-2, p. 16, ch. 9, § 4. 1 R. C. p. 626, § 40.)

§ 26. The surgeon shall render to the convicts all surgical and medical aid which may be requisite. (Id.)

§ 27. The room now kept for that purpose, shall continue to be used as a hospital. A sick convict shall be kept in it, when the surgeon so prescribes. There shall be a book in which shall be entered the name of each convict, put in the hospital, and the time that he goes in and comes out of it. (1 R. C. p. 625, § 39. Acts 1823–4, p. 15, § 1.)

§ 28. One of the directors, in such order as the board may direct, shall once a week visit the hospital with the superintendent; and the two shall make a report of the treatment and condition of the sick. The annual report of the board shall shew the condition of the health of the convicts. It shall state the number in the hospital every month from each ward, the disease of each persou put in the hospital, and the number of deaths in each ward. (Acts 1824-5, p. 9, § 3; 1829-30, p. 9, ch. 4, § 6.)

§ 29. The Governor, members of the General Assembly, ministers of the gospel for performing religious service, and the officers and others having duties or business therein, may go into the interior of the penitentiary. Any other