Chap. 58.—An ACT to authorize the court in which he is tried to sentence
certain prisoners to hard labor on the public roads instead of confinement
in the penitentiary for the commission of felony.
Approved February 27, 1906.
1. Be it enacted by the general assembly of Virginia, That section four
thousand and forty-six a of the Code of Virginia shall be as follows:
$4046 a. Upon conviction of any felony, when the punishment is fixed,
either by the judge or jury, at confinement in the penitentiary for a term
not to exceed two years, it shall be lawful for the court, in its discretion,
instead of sentencing the prisoner to confinement in the penitentiary,
and in lieu thereof, to sentence him to hard labor on the public roads for
a period of time equal to the term of confinement in the penitentiary so
fixed ; and that he be delivered into the custody of the superintendent of
the penitentiary, to be kept by him as a member of the State convict road
force in accordance with law.