Chap. 267.—An ACT to amend and re-enact sections 4, 7 and 10 of an act
approved March 6, 1906, and amended by an act approved February 25,
1908, entitled an act to create the State convict road force; to authorize
the working of certain prisoners on the public roads of this State; pro-
viding for the guarding, transportation, lodging, feeding, clothing and
medical attention of the State convict road force; provided for an in-
crease of the penitentiary guard, not to exceed forty-five men; providing
how a county may have the benefit of the labor of the State convict road
force, and appropriating money from the public treasury to carry the
provisions of this act into effect.

Approved March 16, 1910.

1. Be it enacted by the general assembly of Virginia, That sections
four, seven and ten of an act approved March sixth, nineteen hundred
and six, and amended by an act approved February twenty-fifth, nine-
teen hundred and eight, entitled an act to create the State convict road
force; to authorize the werking of certain prisoners on the public roads
of this State; providing for the guarding, transportation, lodging, feed-
ing, clothing and medical attention of the State convict road force; pro-
viding for an increase of the penitentiary guard, not to exceed forty-
five men; providing how a county may have the benefit of the labor of
the State convict road force; and appropriating money from the public
treasury to carry the provisions of this act into effect, be amended and
re-enacted so as to read as follows:

§4. All provisions of chapter two hundred and two of the Code of
Virginia, of one thousand eight hundred and eighty-seven, as they stood
on the day before this act goes into effect, and also an act approved Jan-
uary thirtieth, one thousand, eight hundred and ninety-six (acts one
thousand eight hundred and ninety-five, and one thousand eight hun-
dred and ninety-six, chapter two hundred and four, entitled an act to
provide for the transportation of convicts to the penitentiary, et cetera),
and also an act entitled an act to require the superintendent of the peni-
tentiary to keep account of all expenses incurred in delivering convicts
to the penitentiary, approved March fourth, one thousand eight hun-
dred and ninety-six (acts one thousand, eight hundred and ninety-five,
and one thousand, eight hundred and ninety-six, chapter seven hundred
and eighty-two), also an act entitled an act to authorize the governor to
grant conditional pardons to persons confined in the penitentiary upon
recommendation of the board of directors of said institution, approved
March third, eighteen hundred and ninety-eight, as amended by an act
approved February third, nineteen hundred, as amended by an act ap-
proved May first, nineteen hundred and three, as amended by an act ap-
proved March seventh, nineteen hundred and four, as further amended
by an act approved March fifteenth, nineteen hundred and six, and also
all of the rules and regulations made by the board of directors of the
penitentiary, governing the prisoners in the penitentiary, shall be appli-
cable to the State convict road force and to the prisoners comprising the
same, unless manifestly inconsistent therewith, unless, in the judgment
of the State highway commissioner, it is necessary to change, alter or
amend said rules and regulations in order to make same applicable to the
efficient and economical use of the State convict road force in the con-
struction of roads under this act, in which case the State highway commis-
sioner may so change, alter or amend such rules and regulations as to
make same so applicable for their said use, and except sections four thou-
sand one hundred and twenty-five, four thousand one hundred and
twenty-six, four thousand one hundred and thirty-three, four thousand
one hundred and thirty-four, four thousand one hundred and thirty-
five, four thousand one hundred and seventy-two: provided, however,
that all jail convicts shall, when not at work on the roads, or engaged
in making road material, be returned to the jails from which they were
taken, and that all felons sentenced and committed to hard labor on the
roads, when not at work thereon or engaged in making material therefor,
shall be kept in the penitentiary until the expiration of their respective
terms, but such prisoners shall not be subject to any contract of hire
heretofore entered into by the State, or by any of its officers, or agents,
for prisoners confined in the penitentiary, but in all other respects, while
in the penitentiary, they shall be treated as other convicts therein.
Whenever any jail prisoner shall escape from a convict road force
gang and be recaptured he shall be taken by the officer having him in
custody before some magistrate in the county where such escape was
made, who shall, after a trial, and upon conviction of such escape, sen-
tence him to the State convict road force for a term not less than thirty
days nor more than six months, and, in addition thereto, sentence him to
hard labor in the State convict road force for such time, calculated at the
rate of fifty cents per day, as shall be sufficient to cover the expense of
his recapture, such additional time, however, not to exceed one year in
any case.

§7. The State convict road force shall be guarded when at work on
the roads of the State, and in making road material, by guards detailed
by the superintendent of the penitentiary or appointed from a list fur-
nished by, or otherwise, with the consent and approval of the State
highway commissioner: provided, the guards so detailed or appointed,
shall not exceed one ‘guard to every eight convicts so employed on the
roads, and in making such details or appointments a sufficient number
of men shall be selected who are competent to supervise and direct the
work under construction, and as far as may be practicable such ap-
pointees shall be required to supervise and direct such work as well as
guard the convict road force. The wages of such additional guards shall
be fixed by the superintendent of the penitentiary, with the consent and
approval of the State highway commissioner, but shall not exceed for
guards thirty-five dollars per month, and for sergeants seventy-five dol-
lars per month and board; but may be less, and shall be paid out of the
money appropriated to carry out the provisions of this act. The superin-
tendent of the penitentiary, with the consent and approval of the State
highway commissioner, may appoint an assistant, who shall have charge
of the State road force, and such clerks as may be necessary, not exceed-
ing two, whose salaries shall be fixed by said superintendent and said
highway commissioner, that of the assistant not to exceed fifteen hun-
dred dollars per year, that of one clerk not to exceed twelve hundred
dollars per year, and that of the other clerk not to exceed eight hundred
dollars per year, who shall be paid from moneys appropriated to carry
out the provisions of this act.

Whenever any county has entered upon a system of road improvement
by use of convict labor independent of work under the provisions of this
act, the superintendent of the penitentiary shall continue to supply such
county with convicts to continue such work in accordance with the ex-
isting law, the number of convicts so furnished to be not less than the
number heretofore furnished. If for any reason the superintendent of
the penitentiary shall fail or refuse to supply a sufficient number of con-
victs to meet the requirements of such county, then the governor, on ap-
plication being made to him, may require said superintendent to furnish
euch convicts.

Whenever any county maintains and works a chain gang upon its
roads, it shall have the first right to retain its jail convicts in said chain

ang.
° The superintendent of the penitentiary, his assistant or sergeant, at
the request of the State highway commissioner, shall, as far as practicable,
trusties of the convicts of the State road force employed under
this act.

§10. Whenever the State highway commissioner shall make requisi-
tion upon the superintendent of the penitentiary for a designated number
of the State convict road force to be employed upon the roads of any
county of this State, which requisition shall state the number of con-
victs wanted and the point in the State at which they are to be deliv-
ered, the superintendent of the penitentiary shall send to such county
such number of the State convict road force so required, under proper
guard and officers, and with all necessary paraphernalia for a movable
camp for such road force. And said State convict road force shall be
under the direction and control of an engineer, appointed for the pur-
pose by the State highway commissioner, who shall be a civil engineer, or
person well versed in road building, or under the direction and control
of such guard or guards as may be designated by the State highway com-
missioner for the purpose, who shall be men well versed in road build-
ing, and said road force shall do all proper and necessary work upon
such roads as the engineer, or such guard or guards having direction and
control of same, may direct for its proper construction and improvement.
Should there arise a doubt as to what work is included in road building
and improvement, and should be done and performed by such State con-
vict road force, such doubt shall be decided by the State highway com-
missioner.

The assistant, clerks and guards employed by the superintendent of
the State penitentiary shall be required to carry out orders of the State
highway commissioner, and shall be discharged by the superintendent
of the State penitentiary upon the written request of the State highway
commissioner.