870 LAWS OF MARYLAND. [Ch. 597]

labor for and during the period of his imprisonment on the
public roads of Garrett county, or on the public streets of any
incorporated town in said county; provided, that during the
employment of such convict on the public streets of any incor-
porated town, the town authorities of such town so employing
such convict shall be charged with the expense which may
attend such employment.

SEC. 3. And be it enacted, That the hard labor provided for
in the preceding section shall be performed, if within the cor-
porate limits of any incorporated town, under the supervision
and direction of the town commissioners and bailiff of such
town, and if on the public roads of Garrett county then under
the supervision and direction of the County Commissioners,
or the road supervisor of any district who may be authorized
by the County Commissioners to work the same; and the
Sheriff of Garrett county, upon the demand of any bailiff,
supervisor or other persons duly authorized to make such
demand, is hereby authorized and required to deliver such
prisoner to the party so making the demand and entitled to
receive the same, whenever and at such times as he may be
so legally required; and the labor to be performed by such
convict may include every service necessary for the purpose
of draining, grading, paving or repairing such public streets
or other highways of Garrett county within or without the
limits of any incorporated town therein.

SEC. 4. And be it enacted, That the officer or other person
having such prisoner in charge shall have power and authority
to compel such labor, and shall be responsible for the safe keep
and return to prison of such convict to the custody of the
sheriff at the end of each day's labor, which day's labor shall
be within the discretion of the officer or other person so super-
vising at the time, but shall not exceed ten hours' work or
labor for any day he may be so employed; and any prisoner
so convicted and sentenced who shall refuse to perform the
labor required of him, shall incur the penalty of two days'
additional imprisonment for every day he may so refuse, and
this provision shall be included in the sentence of the Court
or justice by whom the same may be rendered; but no prisoner
shall be compelled to perform such labor whose health is not
in a condition to allow the same, and the certificate of the
physician to the jail or other physician in said county shall
be sufficient to excuse such labor.

SEC. 5. And be it enacted, That if any officer or other per-

son having such prisoner in charge for the performance of

such work or labor, connive at or by his wilful neglect permit