Chap. 122.—An ACT to amend and re-enact the first section of an act
entitled an act to provide for the working of penitentiary convicts on
the Danville and New river railroad, approved March 27, 1876, and
to repeal the second section of the said act, and to furnish peniten-
tiary convicts to any company which may construct a railroad in the
counties of Henry and Patrick, or either of them; to the Washirg-
ton, Cincinnati and St. Louis narrow-gauge railroad, the Staunton
and Parkersburg turnpike, the Upper Appomattox company, and the
Bristol coal and iron narrow-gauge railroad company.

Approved February 28, 1878.

1. Be it enacted by the general assembly of Virginia, That
the first section of an act, entitled an act to provide for the
working of penitentiary convicts on the Danville and New
river railroad, approved March twenty-seven, eighteen hun-
dred and seventy-six, be amended and re- enacted so as to
read as follows:
§ 1. Be it enacted by the general assembly, That the gov-
ernor be and he is hereby authorized to furnish to the presi-
dent and directors of the Danville and New river railroad
company, or any other company which may construct a
railroad into or through the counties of Henry and Patrick,
or either of them, such able-bodied convicts in the peniten-
tiary, not exceeding two hundred; and to the Washington,
Cincinnati and Saint Louis narrow-gauge railroad, not ex-
ceeding one hundred; and that he be also authorized to
furnish the board of public works, for the repairing of the
damage done the Staunton and Parkersburg turnpike by the
freshet in October last, not more than twenty-five convicts,
to be used in their discretion; and that he be also authorized
to furnish to the Upper Appomattox company, fifty able-
bodied convicts, and so many to the Bristol coal and iron
narrow-gauge railroad company, as are not engaged in the
workshops of the penitentiary when Called for by the said
company, whose terms of service at the time of furnishing do
not exceed ten years, and can be spared from the workshops
therein, to work on the construction and repairs of said rail-
roads, turnpike, and canal, free of hire: but, provided that the
cost of transporting said convicts shall be defrayed by said
companies, and that, should the expense of maintaining,
clothing, guarding, and medical attendance of said convicts,
while in the service of the said companies, exceed the cost
of maintenance, clothing, guarding, and medical attendance
in the penitentiary, such excess shall be paid by the said
companies: and, provided further that nothing herein con-
tained shall be so construed as to interfere with any contracts
heretofore made for the hire or use of convicts. And the
governor shall require from the said companies a bond, with
good sccurity, in such penalty as he may deem sufficient, to
secure the faithfal performance of the provisions of this act,
on the part of the said railroad, turnpike, and other internal
improvement companies: provided that if such furnishing of
convicts shall interfere with a lease of the penitentiary, the
governor may at any time recall the convicts, or any of them,
to the penitentiary: provided further that the governor shall
at any time have the right to recall any convicts allowed to
be worked without hire, or for bonds which have only a
nominal value, and to hire them out to any parties who will
pay for them.

2. The second section of the said act is hereby repealed.

3. This act shall be in force from its passage.