Chap. 28.—An ACT to amend and re-enact an act entitled 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.

Approved February 8, 1908.

1. Be it enacted by the general assembly of Virginia, That an act
entitled an act to authorize the court in which he is tried to sentence
certain prisoners to hard labor on the public roads instead of confine-
ment in the penitentiary for the commission of felony, approved Feb-
ruary twenty-seven, nineteen hundred and six, be amended and re-en-
acted so as to read as follows:

§ 4046a. 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 five 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
State convict road force in accordance with law.