Chapter 28. STATE CORRECTIONAL AND PENAL INSTITUTIONS.

§1. Continuation; Management.—The West Virginia industrial school for boys, heretofore established and located at Pruntytown, in Taylor county, shall be continued and shall be exclusively charged with the care, training and reformation of white male youths of the State committed to its custody. It shall be managed, directed and controlled as prescribed in article one, chapter twenty-five of this Code.(1889, c. 3, §§1, 10; 1908, c. 27, §§236, 245; 1913, c. 70, §1; 1919, c. 2, §159; Code 1923, c. 45, §159.)

§2. Commitment to Industrial School.—Any white male youth, between the ages of ten and eighteen years, may be committed to the West Virginia industrial school for boys:

(a) By any juvenile or domestic relations court of competent jurisdiction, for any of the causes and in the manner prescribed in article two, chapter forty-nine of this Code for dealing with delinquent children;

(b) By any court of record of competent jurisdiction of this State or of the United States for the districts of West Virginia, in the manner provided in the next succeeding section of this article.

But no youth shall be committed to such school as an inmate thereof who is of unsound mind, or imbecilic, or idiotic, or epileptic.(1889, c. 3, §6; 1904, c. 22, §6; 1905, c. 68, §6; 1908, c. 27, §241; 1913, c. 70, §2; 1919, c. 2, §160; Code 1923, c. 45, §160.)

§3. Commitment of Boy Convicted in State or Federal Court of Crime Punishable by Imprisonment.—Whenever any white male youth under the age of eighteen years shall have been convicted in any court of record of this State of a felony, or of a misdemeanor punishable by imprisonment, the judge of such court, in his discretion, instead of sentencing such youth to be confined in the penitentiary or the county jail, may order him to be removed to and confined in the West Virginia industrial school for boys, there to remain until he shall have attained the age of twenty-one years, unless sooner discharged or paroled by the state board of control. Any male youth, under eighteen years of age, convicted in any of the courts of the United States for the districts of West Virginia of any offense punishable by imprisonment, may also be received into said school upon such regulations and terms as to his maintenance and support as may be prescribed by the state board of control and assented to by the proper authorities of the United States.(1889, c. 3, §7; 1893, c. 6, §7; 1905, c. 68, §7; 1908, c. 27, §242; 1913, c. 70, §3; 1919, c. 2, §161; Code 1923, c. 45, §161.)

§4. Conveyance of Boys to Industrial School; Expenses.—As soon as practicable after a youth, on any account, is committed to the industrial school, the papers in the case shall be mailed to the superintendent, and such youth shall remain in the custody of the court pronouncing such commitment until he be delivered to an officer of the industrial school, who shall be sent without delay and duly authorized by the superintendent to conduct such youth by the most direct and convenient route to said school; but no youth committed to the industrial school shall be lodged in any jail or lockup, if he be under the age of sixteen years. The superintendent shall, in so far as is consistent with the safe conveyance of youths to the school, cause as many youths as may be committed from the same or several counties to be conducted to the school at the same time. The expense incurred in conducting a youth to the industrial school, including transportation and other necessary traveling expenses of the youth and of his conductor, shall be paid by the county court out of the treasury of the county from which the youth was committed to the school, and a written statement of such necessary expenditures, fully itemized and sworn to by the officer making such expenditures, and attested by the superintendent of the school, when presented to any county court, shall be a bill against such court, to be paid to the industrial school and credited to that fund of the school from which the original expenditure was made; but when two or more youths shall be so conducted from more than one county, the necessary expenditure on the personal account of the conductor shall be apportioned among the counties concerned in due proportion to the mileage traveled by the youths from their respective counties.(1893, c. 6, §16; 1904, c. 22, §16; 1908, c. 27, §249; 1913, c. 70, §7; 1919, c. 2, §165; Code 1923, c. 45, §165.)

§5. Rules and Regulations.—The state board of control shall have authority to make such rules and regulations for the management and government of the industrial school, and the instruction, discipline, training, employment and disposition of the boys of the school and their transportation to and from the school, not contrary to law, as it may deem proper.

§6. Discharge or Parole; Arrest and Return of Paroled Boys.—The state board of control shall have authority, under such rules and regulations as it may prescribe, to grant, on the recommendation of the superintendent, a discharge or parole to any inmate of the industrial school; but while such inmate is on parole, and until he is discharged according to law, he shall remain in the legal custody of the board of control and subject at any time to be returned to the industrial school, if in the judgment of the board the interests of such paroled inmate will best be served thereby. The written order of said board, countersigned by the superintendent, shall be sufficient warrant for any officer or person named therein to arrest and return to the school the youth so paroled; and it shall be the duty of any such officer or person to arrest and return such youth to the industrial school. All actual expenses incurred in returning such youth to the school shall be paid out of funds appropriated for the maintenance of the industrial school.(1913, c. 70, §13; 1919, c. 2, §171; Code 1923, c. 45, §171.)

§7. Transfer of Boys From Industrial School to Penitentiary and Vice Versa.—In any case where a youth is committed to the industrial school for an offense punishable by confinement in the penitentiary, and it is found by the state board of control that the industrial school is unable to benefit such youth, and that his presence is a detriment or menace to other youths in the institution, or to the general good of the school, he may be returned to the Court by which he was committed to the school, and such court shall thereupon pass such sentence upon him as to confinement in the penitentiary as may be proper in the premises, or as it might have passed had it not committed him to the industrial school. The governor shall have power, when, in the judgment of the warden of the penitentiary and of the superintendent of the industrial school, it is advisable, to remit the penalty of any offender under the age of eighteen years confined in the penitentiary to a commitment to the industrial school.(1903, c. 31, §14; 1908, c. 27, §247; 1913, c. 70, §9; 1919, c. 2, §167; Code 1923, c. 45, §167.)

§8. Offenses Relating to Industrial School; Penalties; Escape; Arrest and Return.—If any person shall entice or attempt to entice away from the industrial school any youth legally committed to the same, or shall aid or abet any youth to escape therefrom, or shall harbor, conceal or aid or abet in harboring or concealing, any youth who shall have escaped therefrom, or shall, without the permission of the superintendent, give or sell, or aid or abet any other person to give or sell, to any youth in the industrial school, whether on the premises of such institution or otherwise, any money, firearms, intoxicating drinks, tobacco, cigarettes, or other articles whatsoever, or shall in any way cause or influence, or attempt to cause or influence or aid or abet therein, any youth in the industrial school to violate any rule of the institution or to rebel against the government of said school in any particular, or shall receive by the hands of any such youth anything of value, whether belonging to the State or otherwise, such person shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than ten, nor more than one hundred dollars, or be confined not more than twelve months in the county jail, or, in the discretion of the court, both fined and imprisoned. The superintendent, or any of his assistants, or any one authorized in writing by him, or any sheriff, constable, policeman or other peace officer, shall have power, and it is hereby made his duty, to arrest any youth, when in his power to do so, who shall have escaped from said school, and return him thereto.(1893, c. 6, §15; 1903, c. 31, §15; 1908, c. 27, §248; 1913, c. 70, §8; 1919, c. 2, §166; Code 1923, c. 45, §166.)

§9. Payment by Counties of Cost of Detention of Boys at Industrial School; Reimbursement.—The county court of every county shall pay into the state treasury the sum of fifty dollars a year on account of each youth from the county who shall be received into the industrial school on proper commitment. But in all cases of youths received into such school, the parent, if of sufficient means, or the guardian, where the youth has sufficient estate, shall annually reimburse the county the amount paid into the state treasury, by virtue of this section, on account of such youth, and the county court of such county shall have the right to recover the same of such parent or guardian in any court of competent jurisdiction.(1904, c. 22, §17; 1905, c. 68, §17; 1908, c. 27, §250; 1913, c. 70, §10; 1919, c. 2, §168; Code 1923, c. 45, §168; 1923, c. 8, §168; 1927, c. 7.)

§10. Lists of Boys at Industrial School for Auditor and Board of Control; Application of County Funds in State Treasury.—The superintendent of the industrial school shall, before the tenth day of January in each year, prepare and certify to the auditor and the state board of control each a list by counties of all such youths as are mentioned in the preceding section, who were kept in the school during the preceding year or any part of it, showing as to each youth what part of the year he was so kept in the school. On receiving such list the auditor shall charge to each county fifty dollars on account of each youth from such county who was kept in such school during the preceding year, and a proportionate amount on account of each youth kept in school for any part of such year less than the whole. Any money in the treasury of the State to the credit of any such county, from whatever source arising, and not appropriated to pay any other debt of the county to the State, shall be applied, so far as necessary, to the payment of the sums so charged. If any sum in the treasury due the county shall not be sufficient to pay the whole amount so charged against it, such sum shall be applied as a credit on the amount charged, and the balance shall remain a charge against the county.(1904, c. 22, §18; 1908, c. 27, §251; 1913, c. 70, §11; 1919, c. 2, §169; Code 1923, c. 45, §169.)

§11. Certification of List and Credit to County Court; Levy; Compelling Payment.—Within ten days after receiving such list the auditor shall certify to the county court of such county a list of the youths from the county in such school, stating the length of the term during the year each youth was in such school, as shown by the list certified by the superintendent, the amount due from the county on his account, and the total amount due on account of all. He shall credit on such statement whatever amount has been applied as a payment thereon from any funds of the county in the treasury. Such statement shall be a receipt to the county for any amount so credited, and shall be a bill for any amount still appearing to be due from the county. Unless the bill shall have been paid by the application of funds of the county in the state treasury, the county court shall at its next levy term provide for the payment of the same, or such part as may not have been paid, and cause the amount to be paid into the state treasury. If the amount so due from any county be not paid in a reasonable time after such levy term, the auditor may, in the name of the State, apply to the circuit court of the county for a mandamus to require the county court to provide for and to pay the same, or he may proceed in the name of the State by any other appropriate remedy to recover the same.(1904, c. 22, §19; 1908, c. 27, §252; 1913, c. 70, §12; 1919, c. 2, §170; Code 1923, c. 45, §170.)

§1. Continuation; Management.—The West Virginia industrial school for colored boys, heretofore established, shall be continued and shall be exclusively charged with the care, training and reformation of colored male youths of the State committed to its custody. It shall be managed, directed and controlled as prescribed in article one, chapter twenty-five of this Code, except that the state board of education and the advisory board thereto shall have supervision and control over the educational affairs of such school.(1921, c. 155, §§1, 5; Code 1923, c. 45, §171a.)

§2. General Provisions.—All of the provisions of sections two, three, four, five, six, seven, eight, nine, ten and eleven of article one of this chapter shall apply to the West Virginia industrial school for colored boys, to commitments thereto, and the inmates thereof, to the same extent and with the same effect as if such sections expressly related to colored boys and were set out in this article.(1927, c. 7.)

§1. Continuation; Management; Certain Officers and Employees to be Women.—The West Virginia industrial home for girls, heretofore established and located at Industrial, in Harrison county, shall be continued, and shall be exclusively charged with the care, training and reformation of white girls committed to its custody. It shall be managed, directed and controlled as prescribed in article one, chapter twenty-five of this Code. All officers, agents and servants for the internal management of said home shall be women.(1897, c. 8, §1; 1908, c. 27, §253; 1919, c. 2, §172; 1921, c. 144, §172; Code 1923, c. 45, §172.)

§2. Commitment to Industrial Home.—Any white girl, a legal resident of the State, between the ages of twelve and eighteen years, may be committed to the West Virginia industrial home for girls:

(a) By any juvenile or domestic relations court of competent jurisdiction for any of the causes and in the manner prescribed in article two, chapter forty-nine of this Code for dealing with delinquent children;

(b) By any court of record of competent jurisdiction of this State or of the United States for the districts of West Virginia, in the manner provided in the next succeeding section of this article.

But no girl shall be committed to such home as an inmate thereof who is of unsound mind, or imbecilic, or idiotic, or epileptic.(1897, c. 8, §5; 1901, c. 47; 1908, c. 27, §258; 1919, c. 2, §173; 1921, c. 144, §§172, 173; Code 1923, c. 45, §§172, 173.)

§3. Commitment of Girl Convicted in State or Federal Court of Crime Punishable by Imprisonment.—Whenever any white girl, who is a resident of this State and under the age of eighteen years, shall have been convicted in any court of record of this State of a felony, or of a misdemeanor punishable by imprisonment, the judge of such court, in his discretion, instead of sentencing such girl to be confined in the penitentiary or the county jail, may order her to be removed to and confined in the West Virginia industrial home for girls, there to remain until she shall have attained the age of twenty-one years, unless sooner discharged or paroled by the state board of control. Any girl, who is a resident of this State and under the age of eighteen years, convicted in any of the courts of the United States for the districts of West Virginia of any offense punishable by imprisonment, may also be received into such home upon such regulations and terms as to her maintenance and support as may be agreed upon by the state board of control and the proper authorities of the United States.(1897, c. 8, §5; 1901, c. 47; 1908, c. 27, §258; 1919, c. 2, §173; 1921, c. 144, §173; Code 1923, c. 45, §173.)

§4. Medical Examination in Commitment Proceedings; Health Certificate; Venereal Diseases of Girls; Pregnancy.—Before committing a girl to the industrial home, the court committing her shall cause her to be examined by a reputable physician authorized to practice medicine in this State, in order to ascertain whether such girl is sound in mind, and whether she is an imbecile or an idiot, or is pregnant, or afflicted with epilepsy, syphilis, gonorrhea, or any other infectious disease, and as to any other particulars that may be prescribed in the rules and regulations of the state board of control. Such examination shall be made in private, but there shall be present during the examination a woman of good character and of mature years, to be named by the judge. The physician making such examination shall make out a statement, under oath, respecting the particulars named in the form prescribed by the state board of control, which certificate of the physician shall accompany the commitment. If it shall appear from such examination or otherwise that the girl is of unsound mind, or is imbecilic, or idiotic, or epileptic, or has any infectious disease, or, being over sixteen years of age, is or has been an inmate of a house of ill-fame, or an assignation house, she shall not be committed to said home, except as hereinafter provided; and the superintendent of the home shall not receive any girl into such home unless the commitment is accompanied by a certificate of health, signed by a reputable physician, showing that she is not of unsound mind, and is not an imbecile or idiot, and is not pregnant, nor afflicted with epilepsy; syphilis, gonorrhea, or any other infectious disease, nor one, who, being over sixteen years of age, is or has been an inmate of a house of ill-fame or an assignation house. If, upon such examination, it shall appear that the girl is suffering with a venereal disease in any stage, the judge committing such girl shall make an order committing her to the industrial home, and shall make an additional order directing that she first be transferred to the Fairmont emergency hospital, or to the Huntington state hospital, or to the Welch emergency hospital, for observation, treatment and detention pending such treatment until cured of such venereal disease or rendered completely noninfectious therefrom, after which time she shall be transferred to the industrial home at Salem, there to be kept as provided by law: Provided, however, That any such girl who is feeble-minded shall be sent to Huntington state hospital, and not to Fairmont emergency hospital nor to Welch emergency hospital: And provided further, That any feeble-minded girl who may be so sent to Huntington state hospital shall not afterwards be transferred to the West Virginia industrial home for girls. It shall be the duty of the superintendents of the hospitals at Fairmont, Huntington and Welch to receive into said hospitals all girls who may be committed thereto, as provided herein, and to detain, care for, and treat such girls until cured or rendered completely noninfectious, and as soon thereafter as convenient to transfer them to the industrial home at Salem, except as hereinbefore provided. The state board of control shall provide such suitable buildings, wards and equipment at said hospitals as may be necessary to carry out the provisions of this section, including the expense of transferring the girls to Salem.

It shall be the duty of the judge, upon committing a girl who is infected with a venereal disease to any of said hospitals, as provided herein, to notify the director of the bureau of venereal diseases of West Virginia of the fact, giving the name, age and address of the girl and the diseases from which she is suffering. It shall be the duty of the superintendent of the hospital receiving such girl to notify the director when any girl is received and when she is transferred to the industrial home, as provided herein.

Any girl who is committed under the pro visions of this article and found to be pregnant shall first be sent to the Florence Crittenden home at Elm Grove and later transferred to Fairmont, Huntington, Welch or Salem, as her condition may appear to demand.(1921, c. 144, §175; Code 1923, c. 45, §175; 1929, c. 10.)

§5. Compensation of Physician and Matron in Commitment Proceeding.—In a proceeding for the commitment of a girl to the industrial home for girls, or to Fairmont emergency hospital, Huntington state hospital or Welch emergency hospital, or to the Florence Crittenden home, the compensation of the physician making the examination, and of the woman or matron present at such examination, shall be fixed by the court and taxed and paid as the other costs of the case are taxed and paid: Provided, That the compensation of the physician shall not exceed three dollars, and the compensation of the matron shall not exceed one dollar, for each examination.(1921, c. 144, §175c ; Code 1923, c. 45, §175c.)

§6. Custody and Conveyance of Girls Committed to Institutions; Expenses.—Whenever a girl is committed to the industrial home, to Fairmont emergency hospital, Huntington state hospital or Welch emergency hospital, or to the Florence Crittenden home, by any of the courts hereinbefore named, it shall be the duty of the clerk of the court before whom the trial was held to prepare the commitment papers in the case and forward the same by mail without delay to the superintendent of the industrial home, or to the superintendents in charge of the Fairmont emergency hospital, Huntington state hospital or Welch emergency hospital, or to the superintendent of the Florence Crittenden home at Elm Grove, as the case may appear to demand. On receipt of such commitment papers, the superintendent of the home, if the commitment is found by her to conform to the provisions of this article, and there is room in said home, shall promptly so advise the authority making the commitment, who shall at once send the girl so committed to the home, under escort of a discreet woman of mature age. Such escort shall be designated by the authority by whom the commitment was made, and her compensation, which shall be fixed by the same authority and shall not exceed three dollars per day of twenty-four hours, and her expenses, and the girl’s necessary traveling expenses, fully itemized and sworn to by the escort, shall be paid out of the treasury of the county from which the commitment was made, by the county court thereof. No girl committed to said industrial home shall be lodged in any jail or lockup; but the authority committing her shall designate an officer or other proper person, preferably a woman, in whose custody she will be kept until she is delivered on to the person duly authorized to conduct her to said home. The expense of keeping such girl shall be paid like any other expense of the hearing or trial.(1921, c. 144, §175b; Code 1923, c. 45, §175b.)

§7. Return or Transfer of Incorrigible Girls and Those Diseased at Time of Commitment; Expenses.—If, at the time of, or after the admission of any girl to the industrial home, it is discovered that she was pregnant, or had syphilis, gonorrhea, or any other infectious disease at the time of her commitment, or was otherwise ineligible for admission, or should she be come incorrigible or unmanageable, such girl may be returned to the court or judge by whom she was committed to the home, or, at the discretion of the state board of control, may be transferred temporarily to some other institution for care or treatment, or otherwise disposed of as said board may deem best. The expense incurred in returning such girl to the court or judge by whom she was committed for any or all of the above stated reasons, or by reason of transfer to any other state institution, shall be paid by the county court out of the treasury of the county from which the girl was committed to the home.(1897, c. 8, §6; 1908, c. 27, §259; 1919, c. 2, §174; 1921, c. 144, §175a; Code 1923, c. 45, §175a.)

§8. Transfer of Girls to Other Institutions.—The state board of control shall have authority to transfer any girl who is an inmate of the industrial home, who is insane, or an imbecile, or an idiot, to any state institution charged with the care and treatment of such persons; to transfer any girl in such home who is blind or deaf, or whose sight or hearing is so impaired as to make a transfer desirable, to the schools for the deaf and blind; to transfer to Fairmont emergency hospital, Huntington state hospital or Welch emergency hospital, any girl infected with syphilis or gonorrhea; and to transfer to the Florence Crittenden home any girl who is pregnant.(1921, c. 144, §175i; Code 1923, c. 45, §175i.)

§9. Voluntary Inmates of Industrial Home.—Girls eligible to admission to the industrial home may be admitted thereto at the instance of their parents, guardians, or next friends, under such agreement as to payment for their maintenance as may be made with the state board of control; but all such girls shall be subject to the same treatment, training and discipline as the other inmates of the home, and shall be discharged or paroled only in such manner and under such rules and regulations as are provided for those who have been regularly committed.(1921, c. 144, §175d; Code 1923, c. 45, §175d.)

§10. Rules and Regulations.—The state board of control shall have authority to make such rules and regulations for the management and government of the industrial home, and the instruction, discipline, training, employment and disposition of the girls of the home, and their transportation to and from the home, not contrary to law, as it may deem proper.(1921, c. 144, §175e; Code 1923, c. 45, §175e.)

§11. Discharge or Parole; Arrest and Return of Paroled Girls.—The state board of control shall have authority, under such rules and regulations as it may prescribe, to grant, on the recommendation of the superintendent, a discharge or parole to any inmate of the industrial home; but while any inmate is on such parole, and until she is finally discharged, she shall remain in the legal custody of the board, and shall be subject to be returned to the home at any time when, in the judgment of the board, the interests of such paroled inmate will best be served thereby. The written order of said board, countersigned by the superintendent, shall be sufficient warrant for any officer or person named therein to arrest and return to the home any paroled inmate named in such order; and it shall be the duty of any such officer or person to arrest and return such girl to the home. Expenses incurred in returning paroled inmates to the home shall be paid out of the funds provided for the support of the home, when such inmates are returned upon order of said board.(1921, c. 144, §175e; Code 1923, c. 45, §175e.)

§12. Transfer of Girls From Industrial Home to Penitentiary and Vice Versa.—In any case where a girl is committed to the industrial home for an offense punishable by confinement in the penitentiary, and it is found by the state board of control that such home is unable to benefit such girl, and that her presence is a detriment or menace to the other girls in the institution, or to the general good of the home, she may be returned to the custody of the court by which she was committed to the home, and thereupon the court shall pass such sentence upon her as to confinement in the penitentiary as may be proper in the premises, or as it might have passed had it not committed such girl to the industrial home. The governor shall have power, when, in the judgment of the warden of the penitentiary and of the superintendent of the industrial home, it is advisable, to remit the penalty of any girl under the age of eighteen years who is confined in the penitentiary, to a commitment to said industrial home, there to be kept until she is twenty-one years of age, unless sooner paroled or discharged, or, upon the order of the governor, returned to the penitentiary.(1921, c. 144, §175f; Code 1923, c. 45, §175f.)

§13. Escape from Industrial Home; Arrest and Return; Reward.—If any girl shall escape from the industrial home, the superintendent or any assistant thereof, or any other person authorized by the superintendent, or any person who may see a girl escaping or know that she has escaped, may arrest her and return her to the home. It shall be the duty of every sheriff, constable, or other peace officer to arrest any such fugitive and return her to the home, whenever in his power to do so. The expense of the arrest and return of such fugitive shall be paid out of the funds provided for the support of the home. With the approval of the state board of control, the superintendent may offer a reward for the arrest and return to the home of any girl who shall have escaped therefrom.(1921, c. 144, §175g; Code 1923, c. 45, §175g.)

§14. Offenses Relating to Inmates of Industrial Home; Penalties.—If any person shall entice or attempt to entice away from the industrial home any girl legally committed thereto, or shall aid or abet any girl to escape therefrom, or shall harbor, conceal, or aid or abet in harboring or concealing, any girl who shall have escaped therefrom; or shall, without the permission of the superintendent, give or sell to any girl in the home, whether on the premises of the institution or elsewhere, any money, intoxicating drink, tobacco, cigarettes or any other article or articles whatsoever; or shall, in any way, cause or influence, or attempt to cause or influence, any girl in said home to violate any rule of the institution, or to rebel against the government of the home in any particular; or shall receive from any inmate of the home anything of value, whether belonging to the State or otherwise; or shall interfere, or attempt to interfere, with the custody or control of any person having any such girl lawfully under his control or in his keeping, while she is out of the home on parole or other lawful temporary release; or shall have, or attempt to have, any improper or unlawful communication or intercourse with any such girl while she is in such home, knowing her to be an inmate thereof; shall be guilty of a misdemeanor, and, on conviction thereof, shall be fined not less than ten nor more than one hundred dollars, or imprisoned not exceeding six months, or, in the discretion of the court, both fined and imprisoned. If any person shall entice any girl away from the industrial home, or attempt to do so, for the purpose of having sexual intercourse with her, or for any other immoral or unlawful purpose, he shall be guilty of a misdemeanor, and, on conviction thereof, shall be fined not less than ten nor more than one hundred dollars and imprisoned not less than thirty days nor more than six months. If any person st shall aid or abet the commission of any of the offenses named in this section, or aid or abet an attempt to commit the same, he shall be punished as herein provided the same as if he were the principal. In the trial of an indictment for committing any of the offenses named in this section, the accused may be found guilty of an attempt to commit the same, or of aiding or abetting another in committing or attempting to commit the same.(1921, c. 144, §175h; Code 1923, c. 45, §175h.)

§15. Trespass on Grounds of Industrial Home.—The inclosed premises of the industrial home shall be private grounds. If any person be found thereon without authority or permission, he shall be deemed a trespasser, and, on conviction thereof, shall be fined not less than five nor more than twenty-five dollars, and, if it appear that he was on such premises for any unlawful or immoral purpose, in addition to being sentenced to pay such fine, he shall be imprisoned not exceeding thirty days.(1921, c. 144, §175j; Code 1923, c. 45, §175j.)

§16. Payment by Counties of Cost of Detention of Girls at Industrial Home; Reimbursement.—The county court of every county shall pay into the state treasury the sum of fifty dollars a year on account of each girl from the county who shall be received into the industrial home on proper commitment. But in all eases of girls received into the home, the parent, if of sufficient means, or the guardian, where the girl has sufficient estate, shall annually reimburse the county the amount paid into the state treasury, by virtue of this section, on account of such girl, and the county court of such county shall have the right to recover the same of such parent or guardian in any court of competent jurisdiction.(1921, c. 144, §175k; Code 1923, c. 45, §175k; 1927, c. 6.)

§17. Lists of Girls in Industrial Home for Auditor and Board of Control; Application of County Funds.—The superintendent of the industrial home, the superintendents of Fairmont emergency hospital, Huntington state hospital and Welch emergency hospital, and the superintendent of the Florence Crittenden home, shall, before the tenth day of January of each year, prepare and certify to the auditor and the state board of control each a list by counties of all such girls as are mentioned in the preceding section, who were kept in the home during the preceding year or any part of it, showing as to each girl what part of the year she was so kept in the home. On receiving such list the auditor shall charge to each county fifty dollars on account of each girl from such county who was kept in such home during the preceding year, and a proportionate amount on account of each girl kept in the home for any part of such year less than the whole. Any money in the treasury of the State to the credit of any such county, from whatever source arising, and not appropriated to pay any other debt of the county to the State, shall be applied, so far as necessary, to the payment of the sums so charged. If any sum in the treasury due the county shall not be sufficient to pay the whole amount so charged against it, such sum shall be applied as a credit on the amount charged, and the balance shall remain a charge against the county.(1921, c. 144, §1751; Code 1923, c. 45, §1751.)

§18. Certification of List and Credit to County Court; Levy; Compelling Payment.—Within ten days after receiving such list the auditor shall certify to the county court of such county a list of the girls from the county in such home, or Fairmont emergency hospital, Huntington state hospital or Welch emergency hospital, or the Florence Crittenden home, stating the length of the term during the year each girl was in such home, as shown by the list certified by the superintendent, the amount due from the county on her account, and the total amount due on account of all. He shall credit on such statement whatever amount has been applied as a payment thereon from any funds of the county in the treasury. Such statement shall be a receipt to the county for any amount so credited, and shall be a bill for any amount still appearing to be due from the county. Unless the bill shall have been paid by the application of funds of the county in the state treasury, the county court shall, at its next levy term, provide for the payment of the same, or such part as may not have been paid, and cause the amount to be paid into the state treasury. If the amount so due from any county be not paid in a reasonable time after such levy term, the auditor may, in the name of the State, apply to the circuit court of the county for a mandamus to require the county court to provide for and pay the same, or he may proceed in the name of the State by any other appropriate remedy to recover the same.(1921, c. 144, §175m; Code 1923, c. 45, §175m.)

§19. Binding Out Girls as Apprentices; Indentures; Compensation.—The state board of control shall have power to bind out such girls committed to the industrial home as apprentices, until they shall attain the age of twenty-one years, to learn some proper trade, business or calling, on such terms as shall be advantageous to such girls; but such girls shall be bound only to those whose characters are above reproach, and who reside within the State.

The indentures by which any girl may be so bound shall state for what period she is bound, her age, what trade, art or business she is to follow; the amount to be paid such child for each year, if anything above the maintenance of such child, and for what year or years; and that the master shall see that for at least five months in each year said apprentice shall be sent to the free schools of the State, and shall be bound to furnish school books requisite to learn the usual branches taught. The master shall bind himself with good security to pay the amount agreed upon, which sum of money contracted to be paid, if any, shall be reserved, to be paid such girl when her apprenticeship shall cease, with interest. The board of control shall not bind out any girl under the provisions of this article unless the master bind himself to comply with the conditions thereof, and whatever salary the master shall give shall be paid to the board of control. It shall be the duty of the board to collect the same according to the tenor or effect of such contract, and turn the same over to the girl when she attains the age of twenty-one years, or marries, whichever occurs first.(1897, c. 8, §9; 1908, c. 27, §262; 1919, c. 2, §177; Code 1923, c. 45, §177.)

§20. Cruelty to Apprentice; Penalty.—For cruelty or inhuman treatment by such master of such apprentice, the circuit court of the county in which such master or apprentice may reside, or any justice of the peace of any such county, shall have jurisdiction to try the same, and upon conviction of such master for cruel or inhuman treatment of such child, such master shall be fined not less than ten nor more than one hundred dollars, and may in addition thereto be confined in jail not to exceed ninety days.(1897, c. 8, §10; 1908, c. 27, §263; 1919, c. 2, §178; Code 1923, c. 45, §178.)

§21. Removal or Escape of Apprentice; Penalty.—No master shall remove such child out of the county where she has been bound by such board, except on the written permit of the board. Any person who shall aid or assist any girl who has been committed to the industrial home, or who is subject thereto, to escape from any other home or other place where she has been placed by the officers of the institution, or who shall aid or assist any such girl to leave this State, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than five nor more than twenty-five dollars, and any justice of the county wherein such offense is committed shall have jurisdiction thereof.(1897, c. 8, §11; 1908, c. 27, §264; 1919, c. 2, §179; Code 1923, c. 45, §179.)

§22. Jurisdiction of Complaints of Master and Apprentice; Desertion of Service by Apprentice; Harboring Apprentice.—The circuit court of the county shall in a summary way be open to hear any complaint of such master against his apprentice or of said apprentice against the master, and shall make such order in relation thereto as it shall deem fair and right. Any apprentice who shall desert the service of such master shall receive no pay (if the pay exceed the maintenance) while such desertion continues, and anyone who shall knowingly harbor such apprentice shall be liable to the master three dollars for every day such harboring or concealing such apprentice exists, to be recovered before any court having jurisdiction.(1897, c. 8, §12; 1908, c. 27, §265; 1919, c. 2, §180; Code 1923, c. 45, §180.)

§1. Continuation; Management; Certain Officers and Employees to be Women.—The West Virginia industrial home for colored girls, heretofore established, shall be continued and shall be exclusively charged with the care, training and reformation of colored girls committed to its custody. It shall be managed, directed and controlled as prescribed in article one, chapter twenty-five of this Code, except that the state board of education and the advisory board there to shall have supervision and control over the educational affairs of said home. All officers, agents and servants for the internal management of said home shall be women.(1921, c. 154, §§1, 4; Code 1923, c. 45, §176a.)

§2. General Provisions.—All of the provisions of sections one, two, three, four, five, six, seven, eight, nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, eighteen, nineteen, twenty, twenty-one and twenty-two of article three of this chapter shall apply to the West Virginia industrial home for colored girls, to commitments thereto, and the inmates thereof, to the same extent and with the same effect as if such sections expressly related to colored girls and were set out in this article.

§1. Continuation; Management; Property.—The West Virginia penitentiary, heretofore established and located in Marshall county, shall be continued, and shall be managed, directed and controlled as provided in article one, chapter twenty-five of this Code. The lot of ground situated near Moundsville in said county of Marshall, containing about ten acres, heretofore selected by the board of public works as a site for the penitentiary, under an act of the legislature passed February nineteenth, eighteen hundred and sixty-six, and the lot of ground containing about four and one-half acres adjoining the lot above mentioned, conveyed to this State by deed dated the nineteenth day of July, eighteen hundred and ninety-two, also one lot of ground situated on the waters of Tom’s Run, in Marshall county, containing ten acres, and conveyed to this State by deed dated the fifteenth day of December, eighteen hundred and ninety-seven, also a tract of land of about sixty-three acres, situated on Grave Creek, in Marshall county, and conveyed to this State by deed dated the sixteenth day of December, nineteen hundred and one, shall be and remain the property of the State for the use of the penitentiary.(1866, c. 45, §1; Code 1868, c. 163, §1; 1893, c. 46, §1; 1903, c. 45, §1; Code 1923, c. 163, §1.)

§2. Control of Penitentiary by Board of Control.—The board of control shall have general control of the penitentiary, and shall direct all needed improvements and repairs and all manufacturing operations carried on therein, and shall make such rules and regulations as it may deem best as to the treatment of the convicts, their discipline, punishment, diet, clothing, social intercourse, the kind and amount of labor required each day, the trades and mechanic arts to be taught, the manner and duration of solitary confinement and other punishments, and the conditions when and on which persons may visit the interior of the building. Printed rules prescribed by the board for the preservation of the property belonging to the State and used at the penitentiary, and for the government and punishment of convicts, shall be kept posted in at least six conspicuous places inside the prison.(1867, c. 53, §1; Code 1868, c. 163, §4; 1893, c. 46, §3; 1903, c. 45, §3; Code 1923, c. 163, §3.)

§3. Warden; Duties; Bond; Residence.—The warden shall be the chief executive officer of the penitentiary, and shall have charge of its internal police and management, and provide for feeding, clothing, working and taking care of the convicts, subject to the control of the state board of control. The warden shall promptly enforce all orders, rules and regulations made by the board of control, enforce strict discipline among the convicts, protect and preserve the property of the State, and may for that purpose punish the convicts, or cause them to be punished, in the manner authorized by the board of control. He shall have the custody and control of all the real and personal property at the penitentiary, subject to the orders of the board of control. The warden shall give bond in such sum as the board of control may require, with one or more sureties satisfactory to the board of control, conditioned for the faithful performance of the duties of his office, and for accounting for and paying over, as required by law, all moneys which may come into his hands by virtue of such office, which bond, when approved by the board of control, shall be filed with and recorded by the treasurer of such board. The warden shall reside in the warden’s apartments at the penitentiary, but shall not, by reason of such residence, be entitled to vote in Marshall county.(Code 1868, c. 163, §7; 1869, c. 142; 1872-3, c. 73, §7; 1893, c. 46, §§6, 7; 1903, c. 45, §§6, 7; Code 1923, c. 163, §§6, 7.)

§4. Deputy Warden; Duties; Bond.—The warden of the penitentiary shall appoint a deputy warden, who shall be ex officio captain of the guards. The deputy warden’s duties shall be fixed by the warden; and in the absence of the warden the deputy warden shall perform all the duties required of the warden. The deputy warden shall give bond in such sum as the board of control may require, in the same manner and under the same conditions as required of the warden.(1923. c. 3. §50.)

§5. Other Assistants and Employees; Appointment; Duties of Guard; Right to Carry Weapons.—The warden of the penitentiary shall, in the manner provided in section eleven, article one, chapter twenty-five of this Code, appoint all assistants and employees required for the management of such institution, including a sufficient number of guards to preserve order and enforce discipline among the convicts, to prevent escapes, and to remove all persons convicted and sentenced to the penitentiary from the place where confined to the penitentiary, all of whom shall be under the control of the warden. Any guard appointed as herein provided shall have the right, without a state license therefor, to carry firearms and concealed weapons while on duty; and such right and privilege shall be extended to him in traveling from place to place within the State for the purpose of removing prisoners from county jails to the penitentiary, and pursuing and apprehending escaped convicts, and for any other matters within the line of his duty. Each guard appointed as aforesaid shall carry with him a certificate of authority bearing the official signature of the warden of the penitentiary.(Code 1868, c. 163, §10; 1893, c. 46, §10; 1897, c. 23, §10; 1904, c. 20, §10; 1921. c. 148, §4a; Code 1923, c. 163, §4a.)

§6. Duties of Warden as to Money, Valuables and Earnings of Convicts.—The warden shall receive and take charge of the money and valuables found upon each convict upon his arrival at the penitentiary, and of all money sent to him or earned by him as compensation for work done during his imprisonment. The warden shall keep an accurate account of all valuables, money and earnings so received, which account shall be subject to examination by the state board of control, and the warden shall deposit such money and earnings in one or more responsible banks to the credit of an account to be designated “warden’s trustee fund.” The warden shall credit such money and earnings to the convict entitled thereto, and shall pay the same to him, or to his family, or to those dependent upon him, in such amounts, at such times, and in such manner, as the state board of control deems best; but at least ten per cent thereof shall be kept for and paid to such convict at the time of his discharge. The warden shall deliver to the convict at the time of his discharge all valuables, money and earnings then credited to him, or in case of the death of such convict before discharge, the warden shall deliver such property to his personal representative: Provided, however, That in case a committee is appointed for such convict during the term of his imprisonment, the warden shall deliver to such committee, upon demand, all money and valuables belonging to the convict and in the custody of the warden, except money earned by such convict as compensation for work done during his imprisonment.(Code 1868, c. 163, §8; 1893, c. 46, §8; 1903, c. 45, §8; Code 1923, c. 163, §8.)

§7. Record of Convict.—The warden of the penitentiary shall file and preserve the record of the indictment and conviction of each convict, and keep a register describing him, the term of his confinement, for what offense, and when received into the institution.(Code 1868, c. 163, §24; 1893, c. 46, §25; 1903, c. 45, §21; Code 1923, c. 163, §21.)

§8. Male and Female Convicts to be Kept Separate; Infants Born in Penitentiary.—Male and female convicts shall be kept separate from each other. The state board of control shall make such rules and regulations as it may deem advisable for the care of infants born in the penitentiary, and shall, as soon as practicable, cause such infants to be removed from the penitentiary.

§9. Hiring Convicts to State Road Commission, County Courts or Contractors for Work on Roads; Employment of Remaining Convicts Within Penitentiary.—The state board of control, in accordance with proper rules and regulations to be made by said board, may hire any or all convicts confined in the penitentiary at Moundsville to the state road commission, the county court of any county, or to contractors engaged in the construction of roads in this State, for work on such roads, and/or in the preparation or manufacture of materials there for, in the manner prescribed in chapter seventeen of this Code. While so employed, such convicts shall be subject to the rules and regulations of the penitentiary, and to the rules and regulations governing the prison camps to which they may be assigned. All contracts for the labor of such convicts, before becoming final and binding, shall have the approval of the governor.

Convicts of both sexes not so employed may be employed by the warden, under the direction of the state board of control, in the manufacture and repair of articles used by the State in conducting the penitentiary, or articles used by any other state institution, or such other articles as the board of control may designate, and for such work the board of control may allow to the convicts such compensation as it may deem just.(1877, c. 35, §18; 1893, c. 46, §44; 1903, c. 45, §39; Code 1923, c. 163, §39; 1929, c. 51.)

§10. Hiring Convicts as Domestics.—A sufficient number of convicts may be hired by the warden as domestics, on terms to be agreed upon between him and the board of control.(1877, c. 35, §19; 1893, c. 46, §45; 1903, c. 45, §40; Code 1923, c. 163, §40.)

§11. Employment of Convicts by Contract; Advertisement.—In order to provide employment for convicts not employed as provided in the two preceding sections, the state board of control may let and hire the labor of such convicts, on the piece price system or otherwise, in such branches of business, and for the manufacture of such articles, as in its judgment will best accomplish the ends and subserve the interests of the State. Such letting and hiring shall be advertised by the board of control, in at least two newspapers published and of general circulation in the State, once a week for four successive weeks, and in such other manner as said board may determine. The advertisement shall specify the number of convicts to be let, the length of time of the hiring or letting, which shall not exceed five years, the last day, at twelve o’clock meridian, on which bids will be received, and such other information as the board may desire. The board may in its discretion designate what articles or class of articles shall be manufactured.(1877, c. 35, §§1, 2; 1893, c. 46, §§28, 29; 1903, c. 45, §§23, 24; Code 1923, c. 163, §§23, 24.)

§12. Bids for Convict Labor; Specifications; Labor Rate; Separate Bids.—Each bid for such convict labor shall specify the articles proposed to be manufactured, the number of square feet of shop room which will be required, and, if steam power is required, the amount of power and the price per day the bidder is willing to pay therefor, and shall be unconditional. The piece price per article manufactured or the price per day of each convict shall be specified, and if a different price per day is stated for different periods, each period and price shall be stated, that one may be accepted and the other rejected. Each bidder may separately state in his bid what he will pay for the labor bid for, with or without the exclusive right to manufacture the articles mentioned. If the person bidding desires to manufacture different classes of articles, the labor to be employed on each class shall be bid for separately.(1877, c. 35, §§3, 4, 5, 6, 7; 1893, c. 46, §§30, 31, 32, 33; 1903, c. 45, §§25, 26, 27, 28; Code 1923, c. 163, §§25, 26, 27, 28.)

§13. Bond.—Each bid shall be accompanied with a bond in an amount and with sureties satisfactory to the board of control and conditioned that the bidder will comply with the terms of his bid if it is accepted, and the bid shall be sealed and addressed to the board of control and indorsed “bid for labor.’’(1877, c. 35, §8; 1893, c. 46, §34; 1903, c. 45, §29; Code 1923, c. 163, §29.)

§14. Opening of Bids.—The bids shall be opened by the board of control at its next meeting after the last day and hour specified for receiving bids, and the labor shall be awarded to the highest bidder, subject to the following regulations: (a) As between bids which are for substantially the same price, the board may give preference to the one which, in its judgment, best promotes the interest of the State; (b) as between bids of the same party, one with and the other without the exclusive right to manufacture, the board may accept either; (c) the board may reject all bids, if they are for less than a fair and reasonable price for the labor bid for, and the board shall not be required in any case to apportion the labor advertised among the bidders, or any number of them; (d) any bid may be rejected, if it is against the interests of the State, or the welfare of the convict, that the articles should be manufactured.(1877, c. 35, §9; 1893, c. 46, §35; 1903, c. 45, §30; Code 1923, c. 163, §30.)

§15. Contract; Bond; Modification or Termination of Contract.—When a bid is accepted and labor awarded to a bidder, the board of control, on the part of the State, and the bidder shall enter into a contract in pursuance of the bid, and such bidder shall execute a bond in an amount and with sureties satisfactory to the board, conditioned for the faithful performance of such contract on his part, a blank form of which contract and bond shall be available for inspection at the offices of the board of control during the time of the advertisement. The board may alter, modify, or terminate, with the consent of the other contracting party, any contract made by them for the hiring or letting of convicts under this article.(1877, c. 35, §10; 1893, c. 46c, §36; 1903, c. 45, §31; Code 1923, c. 163; §31.)

§16. Termination of Subsequent Contracts.—If a contract be made for the exclusive right of manufacturing the articles therein named, all contracts made subsequently by the same party, within the period, and for the manufacture of the same articles or any of them, shall terminate at the same time as the first contract.(1877, c. 35, §12; 1893, c. 46, §38; 1903, c. 45, §33; Code 1923, c. 163, §33.)

§17. Machinery.—The board of control may give to a bidder, after he shall have entered into a contract, a reasonable time to procure machinery and make preparations for manufacturing, not exceeding sixty days from the acceptance of the bid.(1877, c. 35, §11; 1893, c. 46, §37; 1903, c. 45, §32; Code 1923, c. 163, §32.)

§18. Default in Manufacture.—If any contractor shall not manufacture one or more articles specified in his contract, the board may give him two months’ notice to manufacture them, and on failure of the contractor to do so within that period, the right to manufacture shall terminate, and the contractor and the sureties on his bond shall be liable for all loss and damage resulting from his failure to comply with his contract.(1877, c. 35, §13; 1893, c. 46, §39; 1903, c. 45, §34; Code 1923, c. 163, §34.)

§19. Equipment Furnished by Contractor; by State.—The contractor shall furnish all machinery, belting and tools used, except shafting and pulleys. The State shall furnish no machinery or tools other than the steam power required to run the machinery put in by contractors, and all attachments to such power shall be at the contractor’s cost.(1877, c. 35, §14; 1893, c. 46, §40; 1903, c. 45, §35; Code 1923, c. 163, §35.)

§20. Hours of Labor.—The convicts shall labor for the contractors not to exceed nine hours a day during the year, Sundays and legal holidays excepted.(1877, c. 35, §15; 1893, c. 46, §41; 1903, c. 45, §36; Code 1923, c. 163, §36.)

§21. Statement and Payment of Amount Due from Contractors.—On or before the fifth day of each month, the warden shall prepare, certify and deliver to the board of control a statement of the amount due from each contractor for the preceding month; and within five days thereafter each contractor shall pay to the board of control the amount due.(1877, c. 35, §16; 1893, c. 46, §42; 1903, c. 45, §37: Code 1923, c. 163, §37.)

§22. Qualifications of Officers and Employees.—No person shall be appointed to any office or be employed in the penitentiary on behalf of the State, who is a contractor, or agent or employee of a contractor, or who is interested directly or indirectly in any business carried on therein, and should any officer or employee become such contractor, his agent or employee, or interested in such business, it shall be cause for his removal. And no person who is not a citizen of this State shall be appointed a guard or superintendent of any state work in the penitentiary, nor shall any person be appointed to office or employment therein who is in the habit of using intoxicating liquors, and a single act of intoxication shall cause his removal or discharge.(1877, c. 35, §22; 1893, c. 46, §48; 1903, c. 45, §43; Code 1923, c. 163, §43.)

§23. Officers and Employees Not to Receive Special Compensation; Penalty.—No officer or employee shall receive, directly or indirectly, any other compensation for his services than that provided by law, or by the state board of control before his appointment, nor shall he receive any compensation whatever, directly or indirectly, for any act or service which he may do or perform for or on behalf of any contractor, or agent or employee of a contractor. For every violation of this section the officer, agent or employee of the State engaged therein shall be dismissed from his office or service, and every contractor, or employee or agent of a contractor, engaged therein shall be expelled from the penitentiary, and not again employed in it as a contractor, agent or employee.(1877, c. 35, §20; 1893, c. 46, §46; 1903, c. 45, §41; Code 1923, c. 163, §41.)

§24. Gifts to or Dealings with Convicts; Penalty.—No officer or employee of the State, or contractor, or employee of a contractor, shall make any gift or present to a convict, or receive any from a convict, or having any barter or dealings with a convict; and for every violation of this section the party engaged therein shall incur the same penalty as is prescribed in the preceding section of this article.(1877, c. 35, §21; 1893, c. 46, §47; 1903, c. 45, §42; Code 1923, c. 163, §42.)

§25. Delivery of Articles to, or Receipt of Articles From, Convicts; Counseling Escape or Insubordination; Penalty; Limitation of Section.—If any person shall secretly, or otherwise, convey to any convict in the penitentiary, or outside of the penitentiary in charge of a guard or other officer, or while escaping or attempting to escape, or to any “trusty” in the employment of the State, either inside or outside of the penitentiary, knowing him to be a convict, spirituous liquors or intoxicating drinks of any kind, or any money or other thing of value, or any written or printed matter or article of merchandise, diet or clothing, or any medicine, drug, poison, explosive, or any weapon, utensil or instrument of any kind, or shall receive from any convict any article manufactured at the penitentiary, or belonging to the State, or shall counsel any convict to escape, or aid in any insubordination to the authority of said penitentiary, he shall be guilty of a misdemeanor, and, upon conviction thereof, shall be confined in jail not less than three nor more than twelve months, and fined not exceeding five hundred dollars: Provided, That this section shall not apply to persons delivering articles to convicts or receiving articles from convicts, by order of the warden. Proof that the convict, at the time any offense enumerated in this section was committed, was dressed in whole or in part in prison clothes, shall be sufficient evidence of the knowledge on the part of the person charged with committing the offense that such person was a convict. All articles for convicts shall be delivered to the guard or other officer on duty at the office gate, and may, in the discretion of the board of control, and in the absence of the board, in the discretion of the warden, be delivered to the convict.(1872, c. 8; 1893, c. 46, §55; 1903, c. 45, §44; Code 1923, c. 163, §44.)

§26. Escape of Convicts; Reward.—If any convict escape from the penitentiary, or from the custody of the warden, the warden may offer a reward for the apprehension and redelivery of such convict, not exceeding five hundred dollars, one-half thereof to be paid by the institution, and the other half by the warden, if the escape was the result of his incompetence or neglect of duty, or by the guard or guards or other officer who may or should have been on duty at the time of the escape, if the escape was the result of their incompetence or neglect of duty, otherwise the whole of the reward shall be paid by the institution. When two or more officers are responsible for an escape, they shall pay in proportion to their salaries. None of such officers shall receive any portion of such reward, unless authorized by the board of control.(Code 1868, c. 163, §23; 1893, c. 46, §24; 1903, c. 45, §20; Code 1923, c. 163, §20.)

§27. Deduction From Sentence for Good Conduct.—Every convict sentenced to the penitentiary for a definite term, and not for life, who shall faithfully comply with all the rules and regulations of the penitentiary during his term of confinement, shall be entitled to a deduction of his sentence as follows: Upon a sentence of one year, five days from each month; upon a sentence of more than one year, and less than three years, six days from each month; upon a sentence of not less than three years, and less than five years, seven days from each month; upon a sentence of not less than five years, and less than ten years, eight days from each month; upon a sentence of ten years or more, ten days from each month. When a prisoner has two or more sentences, the aggregate of his several sentences shall be the basis upon which his deduction shall be estimated.(Code 1868, c. 163, §25; 1871, c. 81, §25; 1882, c. 154, §25; 1893, c. 46, §26; 1903, c. 45, §22; Code 1923, c. 163, §22.)

§28. Parole of Convicts.—The governor shall have authority, under such rules and regulations as he may prescribe, to issue a parole, or permit to go at large, to any convict who now is, or hereafter may be, imprisoned in the penitentiary of this State, under sentence other than a life sentence, who shall have served the minimum term provided by law for the crime for which he was convicted, and who has not previously served two terms of imprisonment in any penal institution for felony. Every such convict, while on parole, shall remain in the legal custody and under the control of the governor, and shall be subject at any time to be taken back within the inclosure of the penitentiary for any reason that shall be satisfactory to the governor, and at his sole discretion. Full power to retake and return any such paroled convict to the penitentiary is hereby expressly conferred upon the governor, whose written order, when attested by the secretary of state, shall be a sufficient warrant authorizing all officers named therein to return any such paroled convict to actual custody in the penitentiary; and it is hereby made the duty of all officers to execute such order the same as an ordinary criminal process. This section shall not be construed to operate in any sense as a release of any convict paroled under its provision, but simply as a permit granted to such convict to go without the inclosure of the penitentiary, and while so at large he shall be deemed to be serving out the sentence imposed upon him by the court, and shall be entitled to good time the same as if he were confined in the penitentiary.(1903, c. 45, §45; Code 1923, c. 163, §45.)

§29. Indeterminate Sentence; Termination.—Every sentence to the penitentiary of a person convicted of a felony, except for murder in the first degree, who has not previously been convicted of a felony and served a term in a penal institution, may be, if the court having the case thinks it right and proper, a general sentence of imprisonment in the penitentiary. The imprisonment of any person so convicted and sentenced may be terminated by the governor as in the case of paroled prisoners. Such imprisonment shall not exceed the maximum term provided by law for the crime for which the prisoner was convicted and sentenced, and no such prisoner shall be released until after he shall have served at least the minimum term provided by law for such crime: Provided, That any such person now serving a sentence in the penitentiary, or who may hereafter be sentenced to the penitentiary, for two or more separate offenses, where the term of imprisonment for a second or further term is ordered by the court to begin at the expiration of the first term and each succeeding term of sentence named in the warrant of commitment, shall be entitled to have his succeeding term or terms of imprisonment terminated by the governor, as provided by law, at the expiration of the first term of sentence named in said warrant of commitment, without serving the minimum term as herein provided under more than one of said sentences.(1903, c. 45, §46; Code 1923, c. 163, §46.)

§30. Record of Prosecution When Term of Sentence Not Fixed.—The clerk of any court by which a criminal shall be sentenced to confinement in the penitentiary, whenever the term of such sentence is not fixed by the court, shall furnish the warden of the penitentiary a record containing a copy of the indictment and of any special plea, the name and residence of the judge presiding at the trial, and a statement of any fact or facts which the presiding judge may deem important or necessary for the full comprehension of the case, and of his reasons for the sentence so inflicted.(1903, c. 45, §47; Code 1923, c. 163, §47.)

§31. Insane Convicts.—When any lunatic is to be discharged from the penitentiary, or when any convict becomes hopelessly insane before his term of sentence expires, it shall be the duty of the warden to notify the clerk of the county court of Marshall county of the time when such discharge will be made, or that such convict is considered to be hopelessly insane, whereupon the clerk shall take such action and such proceedings shall be had as provided in chapter twenty-seven of this Code.(1875, c. 48; 1893, c. 46, §56; 1903, c. 45, §48; Code 1923, c. 163, §48.)

§32. Convicts Not to be Interred Within City of Moundsville.—It shall be unlawful to inter the convicts that may die in the penitentiary at Moundsville, West Virginia, within the corporate limits of said city.(1897, c. 94, §1; 1903, c. 45, §49; Code 1923, c. 163, §49.)

§33. Committee of Convict; Appointment; Bond.—When a person is confined in the penitentiary of this or any other State, or of the United States, under sentence for one year or more, or to suffer death, the estate of such convict in this State, if he have any, both real and personal, shall, on the motion of any party interested, be committed by the county court of the county in which his estate or some part thereof may be, to a person selected by such county court, who, after giving bond before the county court in such penalty as it may prescribe, shall have charge and management of such estate until the convict is discharged from confinement or dies.(Code 1849, c. 213, §5; Code 1860, c. 213, §6; Code 1868, c. 163, §14; 1872-3, c. 73, §14; 1893, c. 46, §15; 1903, c. 45, §11; Code 1923, c. 163, §11.)

§34. When Estate Committed to Sheriff as Committee.—If the person so appointed refuse the trust, or fail to give bond as aforesaid, the county court, on like motion, shall, or such court may in the first instance, commit the estate to the sheriff of the county, who shall be the committee, and he and the sureties on his official bond shall be bound for the faithful performance of his trust.(Code 1849, c. 213, §10; Code 1860, c. 213, §11; Code 1868, c. 163, §19; 1872-3, c. 73, §19; 1893, c. 46, §20; 1903, c. 45, §16; Code 1923, c. 163, §16.)

§35. Appraisement, Inventories and Accounts by, and Compensation of, Committee.—The committee shall have the estate appraised, return inventories, render accounts of his trust, and be made to account therefor, shall be entitled to compensation for his services, and may forfeit his right thereto, all in the same manner, to the same extent, and within the same time, as if he were an administrator or guardian.(Code 1849, c. 213, §8; Code 1860, c. 213, §9; Code 1868, c. 163, §17; 1893, c. 46, §18; 1903, c. 45, §14; Code 1923, c. 163, §14.)

§36. Suits by or Against Convict or Committee.—Such committee may sue and be sued in respect to debts due to or from such convict, and respecting all other causes of action for which the convict might sue or be sued had no such incarceration taken place, and shall have the privilege of an administrator as to the right of retaining his own debt. No action or suit shall be instituted by or against such convict after he is incarcerated, and all actions or suits to which he is a party at the time of his incarceration shall abate, and continue so until revived by or against the committee, whose duty it shall be to prosecute or defend, as the case may be. Any judgment recovered against such committee shall be a lien upon the lands of the convict to the same extent as if recovered against the convict before the conviction. But the plaintiff in any action, suit or proceeding against the committee of a convict shall not be examined as a witness in his own behalf in such action, suit or proceeding in respect to any transaction or communication had personally with the convict, unless such committee shall be examined as a witness in his own behalf in respect to such transaction or communication, or such convict personally testifies, or his testimony in respect to such transaction or communication is given in evidence.(Code 1849, c. 213, §6; Code 1860, c. 213, §7; Code 1868, c. 163, §15; 1877, c. 90, §15; 1893, c. 46, §16; 1903, c. 45, §12; Code 1923, c. 163, §12.)

§37. Maintenance of Convict’s Wife and Family.—The committee of any convict who was, at the time of incarceration, a resident of this State 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, as long as he is confined, to the profits of such portion of his estate as she would have if he had died intestate.(Code 1849, c. 213, §7; Code 1860, c. 213, §8; Code 1868, c. 163, §16; 1893, c. 46, §17; 1903, c. 45, §13; Code 1923, c. 163, §13.)

§38. Mortgage, Lease or Sale of Real Estate.—If the personal estate of such convict be insufficient for the discharge of his debts, or if such estate, or the residue thereof after payment of the debts, and the rents and profits of the real estate, be insufficient for the maintenance of the wife and family of such convict, when it is proper to make provision for such maintenance, his committee may proceed, as provided in article one, chapter thirty-seven of this Code, to obtain authority to mortgage, lease or sell so much of the real estate of such convict as may be necessary for the purposes aforesaid, or any of them, setting forth in the bill or petition the particulars and the amount of the estate, real and personal, the application which may have been made of any personal estate, and an account of the debts and demands existing against the estate.(Code 1849, c. 213, §11; Code 1860, c. 213, §12; Code 1868, c. 163, §20; 1893, c. 46, §21; 1903, c. 45, §17; Code 1923, c. 163, §17.)

§39. Disposition of Estate on Discharge or Death of Convict.—Every committee of a convict shall deliver such estate as he may be liable for at that time to the convict on his discharge, or to his heirs, devisees or personal representatives, on his death.(Code 1849, c. 213, §9; Code 1860, c. 213, §10; Code 1868, c. 163, §18; 1893, c. 46, §19; 1903, c. 45, §15; Code 1923, c. 163, §15.)

§40. How Estate of Nonresident Convict Paid Over to Foreign Committee.—The committee or other similar fiduciary appointed in any other state for any convict who was a nonresident of this State at the time of his incarceration, and who at such time was possessed of estate within this State, may, in the manner and under the same conditions as are prescribed for the removal of the estate of a nonresident infant in article eleven, chapter forty-four of this Code, have the committee of such convict in this State authorized to pay over such estate to such committee or other similar fiduciary of such other state.