The warden of the penitentiary shall prepare for the road commissioner a monthly report which shall show the names of not less than five hundred inmates who are suitable for road work. From the said prepared list of inmates the road commissioner shall select the number needed for road work.
The warden shall deliver and the road commissioner shall receive at the penitentiary, convicts selected by the warden to work on the road.
W. Va. Code § 17-5-2