Hard Labor

A phrase used in sentencing to confinement in institutions where labor is required of convicts. The word "hard" is surplusage. 29 Pa. St. 448.

In those states where the penitentiary system has beep adopted, convicts who are to be imprisoned, as part of their punishment, are sentenced to perform hard labor. This labor Is not greater at all unreasonable. In the penitentiaries of Pennsylvania it consists in being employed in weaving, shoemaking, and such like employment. Hard labor is not of itself a cruel or unusual punishment; Durham v. State, 89 Tenn, 723, 18 S. W. 74; Pervear v. Massachusetts, 6 Wall. (U. S.) 476, 18 L. Ed. 608; O’Neil V. Com., 165 Mass. 446, 43 N. E. 183. It was held unaiithorized where imposed to enforce the payment of a fine; Ex parte Arras, 78 Cal. 304, 20 Pae. 683; and unconstitutional where Imposed for carrying a deadly weapon; State v. Williams, 40 S. C. 373, 19 S. E. 5. Hard labor was first introduced in English prisons in 1706. By the Prison Act of 1865, It is divided Into two classes, one for males above sixteen years old the other for males below that age and females; Moz. & W. See Punishment.

As used in sentencing convicted persons, ordinary industry at some mechanical trade.