sioner," or "the commissioner of public roads," which office was abolished by chapter fifty-nine of the acts of one thousand nine hundred and eleven, of the West Virginia legislature, the said authority is hereby conferred on, and said duties shall be performed by, the chief engineer in charge of the location and construction of public roads and highways created by this chapter.

Sec. 33. No tolls shall be charged and collected on any road receiving state aid of any description.

Sec. 34. All acts and parts of acts in conflict with this chapter are hereby repealed.

(Senate Bill No. 85.)

CHAPTER 42.

AN ACT to amend and re-enact section fourteen-a-one, of chapter one hundred and forty-five of the code, relating to the sentencing to hard labor of convicts in the county jail.

(Passed February 21, 1913. In effect ninety days from passage. Governor February 22, 1913.)

Approved by the

SEC.

SEC.

14-a-1. Male person over sixteen years

convicted, may be sentenced to work on public roads.

Be it enacted by the Legislature of West Virginia:

That section fourteen-a-one of chapter one hundred and forty-five of the code be amended and re-enacted as follows:

Sec. 14-a-1. Whenever, hereafter, any male person over the age of sixteen years shall be convicted of an offense the punishment of which by law, is confinement in the county jail, the court shall sentence such person to work on the public roads of the county under the supervision of the county road engineer or other official to be designated by the county court, during the term of his imprisonment and, thereafter, until his fine and costs are paid by crediting such person on such fine and costs with the amount allowed by law for such labor, unless, for reasons appearing to the court and entered upon the record, the court omits from the sentence that part of the penalty requiring such person to work on the public roads of the county. This section shall not apply to prisoners confined in jail under sentence in a city or municipal court, where the ordinances of said city or municipality require prisoners to work on the streets.

(Senate Bill No. 86.)

CHAPTER 43.

AN ACT authorizing justices of the peace to sentence persons who may be convicted before them of crime, and sentenced to imprisonment in the county jail, and to pay a fine, or where a fine is imposed without imprisonment, and such persons are committed to jail in default of payment thereof, to labor on the public roads of the county under the supervision of the county road engineer.

(Passed February 21, 1913. In effect ninety days from passage. Governor February 22, 1913.)

Approved by the

captured; sheriff to employ guards; how paid; deduction of sentence for faithful work; conflicting acts repealed.

Be it enacted by the Legislature of West Virginia:

Sec. 1. That all male persons over the age of sixteen years, who may be convicted before a justice of the peace of crime, of which such justice has jurisdiction, and sentenced by such justice of the peace to imprisonment in the county jail, and to pay a fine and costs, shall be sentenced by such justice of the peace to labor on the public roads of the county, under the direction of, and with those worked by the county road engineer, or other representative of the county court having such work in charge, during the time of such imprisonment, and until said fine and costs are satisfied; and, whenever a fine and costs are imposed on such person, without imprisonment, and said fine and costs. are not paid, such justice of the peace shall sentence such person to labor on the public roads of such county, until such fine and costs are satisfied, by crediting such person on said fine and costs the amount allowed by law for such labor; and such person so sentenced by the justice of the peace shall labor on the public roads under the direction of the county road engineer, or other officer having charge of the roads under the supervision of the county court. Provided, however, that such justice of the peace before whom any such prisoner is convicted, may, for good reasons appearing to him and entered in his docket, omit from the sentence that part of the penalty requiring such person to work on the public roads of the county.

Whenever any such person shall escape, while working on said public road, and be re-captured, he shall be taken by the officer having him in custody before a justice of the peace in the county where such

escape was made, who shall, after a trial and upon conviction for such escape, sentence him to labor on the public roads of said county for not less than sixty days nor more than six months, and to pay the cost of making arrest, and including all cost of trial, and in default of payment shall sentence said prisoner to work out said cost on the said public roads, as herein provided.

The sheriff, with the approval of the county court, shall employ a sufficient number of persons to guard such prisoners, not to exceed one for every ten prisoners so employed on such county roads, and the wages of such guards shall be paid out of the county treasury, when allowed by the county court, and shall not exceed two dollars and fifty cents per day for each guard.

Every person sentenced to labor on the public roads under the provisions of this act, and who faithfully complies with all the rules and regulations which may be prescribed by the county road authorities, governing the working of prisoners on the public roads, shall be entitled to a deduction of his sentence of five days from each month. Sec. 2. All acts or parts of acts inconsistent herewith are hereby repealed.

(Senate Bill No. 87.)

CHAPTER 44.

AN ACT to permit prisoners charged with misdemeanor and unable to furnish a recognizance, or bail bond, or not let to bail, with the consent of the judge of the circuit or criminal court, to work on the public roads of the county, and allow such prisoner credit therefor on any sentence thereafter imposed for such crime, of which he is charged; and in case of acquittal, allowing him pay for his labor.

(Passed February 10, 1913. In effect ninety days from passage. Governor February 11, 1913.)

Approved by the

roads; court may enter order; if convicted what to be done; sheriff to employ guard; faithful service.

Be it enacted by the Legislature of West Virginia:

Sec. 1. That a person charged with misdemeanor, who is unable

to furnish a recognizance or bail bond, with satisfactory sureties, according to law, or who is refused bail, may after being committed to jail elect to labor on the public roads of the county in which such crime is alleged to have been committed; and in such case the circuit or criminal or intermediate court of such county, or the judge thereof, in vacation, may, in its discretion, enter an order in the order book of such court permitting such person to labor on the public roads of said county, under the supervision of the county road engineer, or other officer to be designated by the county court, until such time as may be fixed by such court or judge thereof, in vacation.

If, at his trial, such person is convicted and sentenced to imprisonment in the county jail, or to labor on the public roads of such county, he shall be credited on his term by the number of days he has labored on such public roads; if fined, he shall be credited on the amount of his fine and costs with one dollar per day for each day he labored on such road; and if acquitted he shall be paid fifty cents per day for each day he labored on said public roads, to be paid out of the road fund of the district in which such person labored, when allowed by the county court.

The sheriff, with the approval of the county court, shall employ a sufficient number of persons to guard such prisoners, not to exceed one guard to every ten prisoners so employed; and the wages of such guard shall be paid out of the county treasury, when allowed by the county court, and shall not exceed two dollars and fifty cents per day for each guard.

All prisoners who may labor on the public roads, under the provisions of this act, and who faithfully comply with all the rules and regulations which may be adopted by the county road authorities, governing the working of prisoners on the public roads, shall be entitled to five days' credit from each month on any jail sentence that may be imposed upon him in the event of his conviction.

(Senate Bill No. 88)

CHAPTER 45.

AN ACT authorizing county courts to make appropriations out of the road fund of the several magisterial districts in the hands. of the sheriff, to pay the expenses and for work done by and under the authority and supervision of the county road engineer,

CH. 45]

COUNTY COURTS' APPROPRIATION FOR ROADS.

205

or other representative of the county court having the said work in charge during the recess of the court; authorizing the county road engineer or other representative of the county court having the said work in charge, to issue orders on the sheriff, pavable to such persons entitled to be paid for such services; authorizing the payment of the same by the sheriff; and requiring the county road engineer or other representative of the county court having the said work in charge, and sheriff, to make reports to the court.

(Passed February 10, 1913. In effect ninety days from passage. without the approval of the Governor.)

Became a law

forms; reports to be made in writing duty of county clerk. 2. Acts in conflict repealed.

Be it enacted by the Legislature of West Virginia:

Sec. 1. That the county court, for the purpose of meeting and taking care of the necessary charges and expenses which may be incurred by the county road engineer or other representative of the county court having the said work in charge, during the recess of such court, in performing the duties required of him under the road laws of this state may, at each regular term of the court, set apart and appropriate out of the road fund in the hands of the sheriff belonging to the several magisterial districts of the county, and not otherwise appropriated, funds sufficient to pay the said expenses in each district in which work may be done and expenses incurred during the recess of the court. Said appropriation to be based on a written estimate to be certified and furnished to the court by the county road engineer or other representative of the county court having the said work in charge, who will draw his order on the sheriff, in favor of the person to whom the money is due, and set forth fully in the face of the order the work done, or services performed, and on the reverse side of said order the sheriff shall issue his check, in favor of the person shown by the said order to be entitled to the money.

The form of said order and check shall be as follows: No......

W. Va.,

OFFICE COUNTY ROAD ENGINEER,

191..