SOMERSET COUNTY. 4491

prisoner over sixteen years of age who may be convicted of any of the
offenses enumerated as above, shall be subject to perform hard labor for
and during the period of his imprisonment, on the public roads of Somerset
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 incorporated town, the town authorities of such town so employing
such convict shall be charged with the expense which may attend such
employment.
See sec. 382.

1894, oh. 454, sec. 252.

387. The hard labor provided for in the preceding section shall be
performed, if within the corporate 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 Somerset county, then under the super-
vision 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 Somerset county, upon the demand of
any bailiff, supervisor or other persons duly authorized to make such de-
mand, 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, shelling, paving or repairing such public
streets or other highways of Somerset county, within or without the
limits of any incorporated town therein.

1894, ch. 454, sec. 253.

388. 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 supervising 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.

See sec. 384.

1894, ch. 454, sec. 254.

389. If any officer or other person having such prisoner in charge for
the performance of such work or labor, connive at or, by his wilful neglect,
permit the escape of any such prisoner, he shall be guilty of a misdemeanor,