FRANK BROWN, ESQUIRE, GOVERNOR.

then under the supervision and direction of the County Com-
missioners, 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 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 con-
vict 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 with-
out the limits of any incorporated town therein.

665

SEC. 253. 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 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 certifi-
cate of the physician to the jail or other physician in said
county, shall be sufficient to excuse such labor.

Safe keeping
of prisoners.

SEC. 254. 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
the escape of any such prisoner, he shall be guilty of a misde-
meanor, anu upon indictment and conviction of such offence
in the Circuit Court for Somerset county, be fined not less
than twenty nor more than fifty dollars, or be confined in the
county jail of the county, and be subject to the same penalty
of hard labor for a period equal to the unexpired term of the
prisoner so escaping, or both, in the discretion of the court.

Escape of
prisoner.

SEC. 2. And be it enacted, That this act shall take effect
from the date of its passage.

Approved April 6th, 1894.

Effective.