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R. C, P.
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<br />December 26, 1916.
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<br />every prisoner with wholesome and suffiolent food and a bed and bedding, cleanIy ~nd sufficient,
<br />and his apartments warmed, when it is proper. In case of sickness of any prisoner he shall pro-
<br />vide for him adequate-nursing and attendance; and if'there be occasion for it and circumstances
<br />will permit, he shall confine him in an apartment seDarate from the other prisoners. In no case
<br />sh~ll~jailer permit the intemperate use of ardent s~l~its in his
<br />
<br /> "'The board of~upervisors and councils of the several counties-and cities of the Sta~e shmll
<br />provide for the necessary hemting, beds, and beddings for the State, County and City prisoners
<br />in the Jails of the Commonwealth.
<br />
<br /> "This last clause which requires the supervisors s~ud the councils to provide the heating,
<br />beds, and bedding is the amendment to the origin~l section 928 of the ~ode.
<br />
<br /> "Before this amendment was adopted t~is section was constraed by our Court of Appeals in
<br /> the case of Pzice, Auditor, vs. Smith 93 Va. 1~-17.
<br />
<br /> "In that cass %he Corporation Court of the City of Alexandrim allowed an account in the
<br />favor of the Sergeant of the said City, who w~s ex-officio its jailor, amounting to $t62.'~6 for
<br />fuel furnished the city jail. On appeal from this decision of the Corporation ~Court the ~preme
<br />Courts of-Appeals reversed the decision holding that the~ jailor w~s'compensated for his duties
<br />under the provisions of Section 353E of the O~de, and %hat w~s~his only compensation for his'
<br />duties required by Section
<br />
<br /> "Section 3532 has been amended by mn Act approved March 13, 190~, and is as follows:
<br />
<br /> '~,~353 ! For rec~ivzng a ~erscn in ~aml when first committed, fzfty cents.
<br /> ~' ~or ~eepingemd Supportinghim there for each day fifty cents.
<br /> "' But when there are as many as three and less than ten prisoners in jail for e~ch ~hirty
<br />fivecents.
<br /> "' When there are ten or more prisoners in Jail, for each, up to~ and including twenty-fiVe,
<br />thirty cents.
<br /> "'For each prisoner in excess of twe~ty~five, up $o and including fifty, twenty-five 'cents.
<br /> "'For each prisoner in excess of fift~, up to aad including one hundred, twenty-two cents~
<br /> "'And for each prisoner in excess of one bundS, ed, eighteen cents.
<br />
<br /> "~But no payment shall be m~de out of the treasury for receiving, keeping and supporting
<br />any prisoner committed to jail for a violation of any city or town ordinance, or put in Jail on
<br />a capias pro fine for failure to pay a fine i~posed for a violation of ~ny ordinance of any city
<br />
<br /> "This amendmer~ simply increases the-'fees of the jailor and changes the original section
<br />in no other respect.
<br />
<br /> "These stmtutes clearly prescribe the 'duties and compensation of the j~itor. The City is
<br />required to furnish nothing more than that se~ forth in section ~8, namely, the necessary heat-
<br />ing, be~-s, and bedding. And it is my opinion that the .General Assembly did not mean by heating
<br />tha~ the City should furnish fuel for cooking.
<br />
<br /> "It is ~rue that the state no longer pays the Jailor for receiving, keeping, and support-
<br />ing prisoners committed for violations of City Ordinmnces or for the non-payment of fines im-
<br />posed upon them for such ~iotations, yet it is not unfreGuent that the Jmilor has to receive,
<br />keep, and support violators of the ordinances without ~o~i~ensation as we have .no ordinance di-
<br />recting the payment of fees in such c~ses. ~
<br />
<br /> "The questions which t am called upon to answer in this matter are so general and indefi-
<br />nite that I am unmble to fully grasp the same. It seems to me that it would be ~dvisable~ when
<br />the Council ds in doubt, to h~ve the bills of the City Sergeant, who is ex-officio jailoy, ~e-
<br />~erre~to~ th~0ity Attorney for the purpose of ascertmlning the liability of the City.
<br />
<br /> "Of course the City must provide a jail which is well secured and sufficient for the accom-
<br />modation of those who may be confined therein.
<br />
<br /> "I know of no materials which the City is required to-furnish for the jailor's use o$h~
<br />thmn those herein ~hovs sta~-~.'
<br />
<br /> "The salary of the Deputy City Sergeant, who is actually the jailor, is $600.00, so fixed
<br />by
<br /> "Respectfully submitted,
<br />
<br />"Jno. ~. Happer, City Attorney."'
<br />
<br /> A communication was read from the Judge of the Corporation Court stating that the commis-
<br />sioners appointed by that court ~to revise the City registration books had finished their .work~
<br />that the work had been accepted by the Court, and that the City ~ould be compelled to pay them
<br />for the ~am~e. He said that, in his opinion, the work h~d been well done.
<br /> Th~ Chairman of the Finance Department, to whom the bills for same had been referred,
<br />made a statement of his position in the ma/~ter.
<br /> Mr. D~shiell stated that the commissioners were willing to make any corrections in the
<br />books they should be authorized by law to make, without further compensation.
<br /> Attorney Winston Parri sh, representing the commissioners, wms present~ and the ~les were
<br />suspended to allow Mr. Pmrrish to expl~i~ the situmtion. He explained the position of the Judge
<br />and the commissioners and further repeated the statement mmde by Mr.~ Dashietl, namely, that the
<br />commissioners were~wilting to correct any ~rmozs which ~had been made, without further compensa-
<br />tion, sad stated that on request of the Council or-of t~e Electoral Board, the Judge would &p-
<br />point two of said commissioners to-make such corrections.
<br />~ eac~Whereupon, Er. Mor~n moved thmt the bills of the three commissioners, to amount of
<br />$350,OOa~be paid, and that th~ Judg~ of the Corporation Court be requested to name two of the
<br />oommlssi~ners to correct the books.
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