CONVICT LABOR FOR ROAD WORK. 217 
refuse to perform such labor shall be kept in close confinement on bread and water. 
The sheriff may, to secure such convicts from escape, attach a ball and chain. Any 
person convicted of abandonment or neglect of family shall be compelled to work 
upon the public roads, or any other public work in the county, and the board of 
county commissioners shall allow and order paid out of the current fund to the wife 
or guardian or custodian of the child or children at the end of each calendar month 
for their support $1.50 for each day's work of such prisoner. (Rem.-Bal., sees. 2279, 
3895, 5933-2; Laws 1909, ch. 249, sec. 27; Pierce's Code, 1912, p. 115, sec. 213, p. 
135, sec. 53.) 
West Virginia. 
State. — Whenever any county court shall have decided to construct or improve a 
road in accordance with plans and specifications made by the chief road engineer, 
and shall have agreed in writing with the State road bureau respecting the location, 
construction, and material, then such county court may apply to the State board of 
control for convicts to work on such road, stating the number, not less than 10, de- 
sired and the length of time they are desired. If the number of prisoners available 
in the penitentiary will suffice to meet all applications pending, said board shall 
grant all such that are satisfactory. If the prisoners available are not sufficient to meet 
all applications, such applications shall be filled in the order of their receipt, but, so 
far as possible, equal service shall be given to all counties. The board of control, 
with the warden of the penitentiary, shall determine what prisoners may be assigned 
to such work, and a written contract shall be entered into between the board of con- 
trol and the county court. (Acts 1913, ch. 41.) 
The State prison road force shall be guarded, while working on the roads of the State, 
or making road materials, by guards detailed by the warden of the penitentiary, not 
to exceed two guards to every 20 convicts. At the request of the State road bureau, 
prisoners may, as far as practicable, be made trusties. The warden shall provide suit- 
able movable quarters, necessary cooking utensils, beds, wagons for transporting con- 
victs, camp fixtures, clothing, and food; provided, that the State road bureau may 
require any county to pay for food and quarters when working therein on a road chiefly 
of local importance. All work shall be under the direction and control of the chief 
road engineer. When a convict shall become sick he shall receive proper attention 
at expense of the county. Any county desiring convicts under this act shall agree 
to supply all necessary material, tools, and teams required by the plans and specifica- 
tions of the chief road engineer. If a convict shall escape he shall receive the same 
punishment as is provided for escape from the penitentiary. (Acts 1913, ch. 41, 
sees. 19-25, 28.) 
If the local road authorities of any county shall propose to improve any public 
road with the aid of the chief road engineer and the State convict road force, but 
shall prefer to have it done by contract, same may be done and convicts furnished 
at $1 per day in number not to exceed 40 per cent of the total contract price. Con- 
victs so employed shall remain under the supervision and care of the penitentiary 
warden. (Acts 1913, ch. 141, sec. 27.) 
Counties. — Any male person over the age of 16 convicted of an offense punishable 
by confinement in the county jail shall be sentenced by the court, in its discretion, 
to work on the public roads under the county road engineer or other official to be 
designated by the county court. (Acts 1913, ch. 42.) 
All male persons over 16 years old, convicted before a justice of the peace of crime 
and sentenced to imprisonment in county jail or to pay a fine and costs, may be sen- 
tenced to hard labor on the public roads. Such convict who shall escape shall be 
given an additional sentence of not less than 60 days nor more than six months, plus 
the cost of arrest and trial. The sheriff, with approval of the county court, shall 
employ necessary guards, not exceeding one for each 10 convicts. Such prisoners 
who shall faithfully comply with rules and regulations shall be entitled to a deduction 
from sentence of five days per month. (Acts 1913, ch. 43.) 
Persons charged with misdemeanor and awaiting trial in defaultof bail may, if 
they elect, be permitted to work on roads in like manner as convicts. Any such 
person who shall be convicted when tried shall be credited at $1 per day, with such 
work on his sentence or on fine and costs, and if acquitted he shall receive 50 cents 
per day for such labor. A deduction of five days per month shall be granted such 
persons for compliance with rules and regulations. (Acts 1913, ch. 44.) 
Jailers shall receive 50 cents per day for keeping and supporting a person confined 
in the county jail. (Acts 1915, ch. 93.) 
