Chap. 59.—An ACT to amend and re-enact an act approved February 27,
1906, 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,” as
amended and re-enacted by an act approved February 8, 1908, entitled
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 29, 1912.

1. Be it enacted by the general ‘assembly of Virginia, That
an act approved February twenty-sixth, nineteen hundred and
six, 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,” as amended and re-enacted by an act approved Feb-
ruary eighth, nineteen hundred and eight, entitled “an act to
amend an 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 twenty-
seventh, nineteen hundred and six,” be amended and re-enacted
so as to read as follows:

§4046-a. Upon conviction of any felony prior to the first
of May, nineteen hundred and thirteen, when the judgment is
fixed either by the judge or jury at confinement in the peni-
tentiary for a term not to exceed five years, it shall be lawful for
the court in its discretion, instead of sentencing the prisoner to
the penitentiary, and in lieu thereof, to sentence him to hard
labor on the public roads and other public works 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 superin-
tendent of the penitentiary, to be kept by him as a member of
the State convict road force in accordance with law and subject
to work on the public roads or other public works; after the first
of May, nineteen hundred and thirteen, prisoners convicted of
felony shall be sentenced to confinement in the penitentiary, and
after that date all male prisoners confined in the penitentiary
shall be subject to work on the State convict road force or other
public works. But such convicts as the superintendent of the
penitentiary, on account of physical condition, character or dis-
position, shall deem it unsafe to be put on the convict road force
or other public works may be hired out to work at the peni-
tentiary or may be employed by the penitentiary board in work
for the State at the penitentiary or at the State farm: provided,
that the number of convicts so hired, exclusive of women, shall
not exceed five hundred: provided, further, that the present
contract shall not be renewed, nor shall any contract for the hire
of convicts in the penitentiary be made if it be found practicable
to work them without a contract, and, in case a contract be
entered into for the hire of convicts, the same may be for a
period not in excess of five years, and the superintendent shall
execute the contract on the part of the State, but only with the
consent and approval of the board of directors of the peni-
tentiary, the governor of Virginia, and the secretary of the
State board of charities and corrections, or a majority of them,
the board of directors to be counted as one; and provided,
further, that the tasks provided for under such contract shall be
fixed by the superintendent of the penitentiary.