CONVICT LABOR FOB EOAD WORK. 207 



prisoners, as shall be fixed by the board or the committee having charge of such insti" 

 tution. The amount so paid, less costs, if any, shall be held by the warden for the 

 benefit of such prisoner on his discharge, or may be by said warden paid, on written 

 order of the committing magistrate, to the dependent wife, minor child or children, 

 or aged, infii-m, or dependent parents, if any there be, of such prisoners; provided, 

 that any moneys expended under the provisions hereof shall be paid from the appro- 

 priation in such county for the maintenance of its roads and highways. (Acts 1912, 

 ch. 223, and 1915, ch. 119.) 



New Mexico. 



State. — The act creating the State highway commission provides that convict labor 

 shall be used in the work to be done thereunder, and that the board of penitentiary 

 commissioners shall, upon demand of the State highway commission, furnish such 

 number of con^'icts as shall be available for such work, together with necessary guards. 

 The expense of employing and transporting such guards, and of transporting and main- 

 taining such prisoners while so employed, shall be paid by the State highway com- 

 mission out of fimds provided for said commission. (Acts 1909, ch. 42.) 



New York. 



State. — The superintendent of State prisons may employ, or cause to be employed, 

 con\dcts confined in the State prison on the repair of State and county highways upon 

 request of the State commission of highways, and also in the improvement or repair 

 of any other highways. The expense of maintenance of such convicts while employed 

 in repaiilng a State or county highway shall be paid by the State commission of high- 

 ways, in the same manner as other expenses in repairing such highways. The agent 

 and warden of each prison may make such rules as he may deem necessary for the 

 proper care, custody, and control of such prisoners while so employed, subject to ap- 

 proval of the superintendent of State prisons. The agent and warden of each prison 

 may designate, subject to the approval of said superintendent, the highways and por- 

 tions thereof on which such labor shall be employed; and such portions so designated 

 and approved, except portions of a State or county highway, shall be under his con- 

 trol during such work, and the State highway commission shall fix the grade and width 

 and direct the manner in which the work shall be done. The superintendent of State 

 prisons may pm-chase any machinery, tools, and materials necessary in such employ- 

 ment, except on a State or county highway. (Prison Law, sec. 179, as amended; 

 Laws 1914, ch. 60.) 



The board of supervisors of a county, or the town board of a town, in which any 

 portion of a State or county highway is situated, may present proposals and be awarded 

 a contract for the construction or improvement of such highway as provided in this 

 article, for and on behalf of such county or town. When such contract is entered 

 into, the board thereby undertaking to construct or improve a highway or section 

 thereof, may, by resolution, direct the person or persons designated for carrying out 

 the contract to apply to the superintendent of State prisons for convict labor in the 

 construction of such highway. The resolution shall specify the maximimi number of 

 con\dcts to be applied for. Such designated person or persons shall make such request 

 in writing, accompanied by a copy of the resolution, and said superintendent may 

 detail the nmnber of convicts so requested, or so many thereof as may be available, 

 who shall be under the immediate charge and custody of the officers and guards 

 detailed by said superintendent, except that the work shall be directed by the engi- 

 neers and foremen of the State highway department. The expense of maintenance 

 of such convicts shall be paid by the county or town entering into contract from funds 

 due thereon. A county or town may purchase machinery or tools for the construction 

 of a highway or section thereof, under any such contract, out of moneys to be paid 

 thereon, (Sec. 131, highway law.) 



County. — After satisfying himself that proper quarters can be secured, the town 

 superintendent may, with consent of town board, request the supervisor of the town, 

 under the provi-sioris of section 93 of the county law, to procure prisoners serving 

 sentence in the county jail, for general work on the public highways of the town. 

 (Sec. 70, highway law.) 



North Carolina. 



State. — Any county, township, or road district desiring to use convict labor on 

 highways shall apply first to the geologic and economic survey to lay out and make 

 plans for said work, or to approve plans already made, and said county, township, or 

 roa/1 district .sliall then apply to the board of State prisrm directors for the number of 

 convicts desirefl, this number in no case to be less than forty. Said board of directors, 

 aa soon a.s possible after receipt of the application and the approval of the council of 



53577°— Bull. 414—16 14 



