CONVICT LABOR FOR ROAD WORK. 215 



Virginia. 



State. — Persons convicted of crime and sentenced to the State penitentiary and 

 persons con\'icted and confined in public jails, shall be delivered to the superintendent 

 of the penitentiary and shall constitute the State convict road force. No prisoner 

 under 16 years old shall be so worked, and it shall be discretionary with the court 

 as to whether those over 16 and under 21 years old shall be worked. Persons con- 

 victed of violating city or town ordinances shall be primarily liable to work on the 

 chain gang or public work within such city or town. The superintendent of the 

 penitentiarj'^ shall be allowed for keeping and supporting such prisoners the fees 

 allowed jailers for similar service, which are as follows: For each prisoner, per day, 

 40 cents; but where there are 3 and less than 10 prisoners, for each, 30 cents; and 

 where there are more than 10 prisoners, for each, 25 cents; which fees shall be paid 

 by the State for prisoners convicted of violations of State laws and by cities or towns 

 for prisoners convicted of violation of the ordinances thereof. Rules and regulations 

 in force at the penitentiary shall be applicable to the State convict road force, unless 

 manifestly inconsistent, and unless the State highway commissioner shall deem it 

 necessary to alter or amend them. If any jail prisoner shall escape and be recap- 

 tured, he may be sentenced to from 30 days to 6 months for such escape, and for suffi- 

 cient additional time at 50 cents per day as will pay the cost of his recapture, such 

 additional time not to exceed one year. The superintendent may discharge a pris- 

 oner wherever he may be in the State when his term shall expire, and shall furnish 

 him transportation to the county or city from which he came and, if he need it, a suit 

 of coarse clothing. Each prisoner so discharged may, in the discretion of the board 

 of directors of the penitentiary, be allowed not exceeding $10. Said superintendent 

 shall detail, or appoint with the approval of the State highway commissioner, guards 

 for the convict road force. Persons competent to supervise the work under construc- 

 tion shall, as far as practicable, be detailed or appointed as guards. The said super- 

 intendent, with the approval of the State highway commissioner, may appoint an 

 assistant to have charge of the said road force. A county which maintains and works 

 a chain gang on its roads may retain its jail convicts in said chain gang. As far as 

 practicable, and at the request of the State highway commissioner, trusties may be 

 made of the convict road force. The superintendent shall provide suitable and 

 movable quarters, wagons for transporting the convicts and camp fixtures, cooking 

 utensils, beds, clothing, and food, in the same manner as for convicts in the peniten- 

 tiarj'. The number of convicts desired for work in any county shall be sent to such 

 county by the said superintendent on the requisition of the State highway commis- 

 sioner. An engineer appointed by the State highway commissioner, and paid by the 

 county having the benefit of his services, shall have charge and supervision of the 

 work done by such convicts, and such work shall be done according to plans and 

 specifications furnished by the said highway commissioner. Necessary medical 

 attention shall be provided by the county in which a convict may be working. 

 The cost of organizing, equipping, and working said convicts is provided for by the 

 creation of the State convict road force fund, which consists of the fees allowed by 

 law to jailers for supporting prisoners, and the sum of $145,000 appropriated 

 therefor annually by the legislature. County authorities may arrange to improve 

 any main traveled road by contract, and may secure the services of such num- 

 ber of convicts for work thereon as will amount to a contribution on the part of the 

 State of not exceeding 40 per cent of the total contract price of such improvement, 

 estimating such labor at SI per day per convict. (Code of 1887, sees. 3532, 4147; 

 Acts V.m, chs. 73, 74; Acts 1908, chs. 65, 84; Acts 1910, ch. 267; Acts 1912, eh. 58; 

 and Acts 1914, ch. 199.) 



Per.son3 in jail and unable to arrange bail may, at their election and with approval 

 of the Commonwealth's attorney, be worked in a chain gang or on the State convict 

 road force. If such person be convicted when tried, he shall be credited with the 

 time he shall so work on his sentence; or, if he be fined, he shall be credited with 

 50 cents on such fine for each day he shall have so worked; and if he be acquitted 

 he shall be paid 50 cents for each day he shall have so labored. (Acts 1906, ch. 59.) 



Counties. — In any county or city in which no chain gang has been organized the 

 judge of the circuit court or of the corporation court of such city shall, upon appli- 

 cation of the board of supervisors of any county in which a chain gang has been 

 established order any person confined in the jail of his county or city and liable to 

 work on chain gang,s, to be delivered to such other county to be worked on its chain 

 gang. The county receiving such prisoners shall keep and maintain them out of 

 ita road fund. (Code of 1904, title 16, ch. 43.) 



The council of each city and town, and the board of supervisors of each county, 

 or, if they do not act, the judge of the corporation court ot such city or town, or of 



