Chap. 236.—An ACT to amend and re-enact an act 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,
as heretofore amended, including the amendment thereto in regard to
contracts for the hiring of convicts, as amended by acts approved Feb-
ruary 29, 1912, and March 22, 1916. [S B 294]

Approved March 15, 1918.

1. Be it enacted by the general assembly of Virginia, That an
ict entitled an act to amend and re-enact an act entitled an act to
1uthorize the court in which he is tried, to sentence certain pris-
oners to hard labor on the public roads instead of coninnement In
the penitentiary, for the commission of felony, as heretofore
amended, including the amendment thereto 1n regard to contracts
for the hiring of convicts, approved February twenty-seventh, nine-
teen hundred and six, as amended by acts approved February
twenty-ninth, nineteen hundred and twelve, and March twenty-
second. nineteen hundred and sixteen, be amended and re-enacted
so as to read as follows:

Upon conviction of any felony prior to the first day of May,
nineteen hundred and thirteen, when the judgment 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 dis-
cretion, 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 superintendent of the penitentiary, to be
kept by him as a member of the State convict road force, in accord-
ance with law, and subject to work on the public roads or other
public works. After the first day of May, nineteen hundred and
thirteen, prisoners convicted of felony shall be sentenced to con-
finement 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 their physical condition, character or disposition shall
deem unsafe to be put on the convict road force, may be employed
by the penitentiary board in work for the State at the penitentiary,
or in the State or county stone quarries, or at the State farm; pro-
vided, that the number of convicts so confined and used in the peni-
tentiary shall not exceed two hundred and fifty; including women;
and provided, further, that convicts actually confined within the
penitentiary shall be used, as far as possible, in the making of
clothes, shoes and other necessary articles required by the State
convict road force and other institutions of the State, and the
superintendent of the penitentiary and the penitentiary board are
authorized and empowered to charge the State convict road force
and other State institutions the actual cost of the materials used
in the manufacture of articles furnished them, and in addition
thereto ten per centum of the said cost, the fund so derived to be
used to keep in repair and to replace the machinery, tools, etc., used
in the manufacture of the various articles furnished. Any surplus
of manufactured articles not required by the State convict road
force and the other institutions of the State may be disposed of
by the penitentiary board as it may deem best.

Provided, further, that the superintendent of the penitentiary
and the penitentiary board, on the part of the State, may extend
the present contract so as to include and embrace the employment
of not exceeding two hundred and fifty convicts, including women.

To be reduced fifty convicts on the first day of October. fifty
convicts on the fifteenth day of October, fifty convicts on the first
day of November, fifty convicts on the fifteenth day of November,
fifty convicts on the first day of December, and to determine en-
tirely on the thirty-first day of December, nineteen hundred and
eighteen.