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guilty shall be punished by confinement in the penitentiary of not less
than one nor more than three years or at the discretion of the jury, by a
fine of not less than one hundred nor more than five hundred dollars.
Sec. 3709. [90 Va. 544.]

Sec. 3711. What dogs subjects of petit larceny and trespass.—All As Amended 1897-8, p. 128. dogs in the cities of Richmond, Manchester, Petersburg, and Alexandria, Previous Amendment and in the county of Henrico and the county of Dinwiddie, and all dogs 1893-4, p. 421. listed for taxation in any county or city of the state shall be deemed personal property and may be the subject of petit larceny and malicious or unlawful trespass.

Sec. 3711 a. Protection of Antwerp and homing pigeons, and to 1893-4, p. 804. punish their wilful destruction or detention.-It shall be unlawful for any person or persons to shoot, maim, or kill any Antwerp or homing pigeon knowing them to be such, either in flight or at rest, and any person guilty of shooting, killing, or maiming such pigeon or pigeons as aforesaid shall be guilty of a misdemeanor, and upon conviction thereof shall for every such offence pay a fine of not less than ten nor more than twentyfive dollars.

That on and after the passage of this act it shall be unlawful for any person or persons to forcibly detain or entrap any Antwerp or homing pigeon which can be identified by any device or mark, and any person or persons so detaining said pigeon or pigeons shall be guilty of a misdemeanor, and upon conviction thereof shall for every such offence pay a fine of not less than ten nor more than twenty-five dollars.

Sec. 3712. [92 Va. 769; 1 Va. L. R. 528.]

Sec. 3714. [91 Va. 808.]

Sec. 3714 a. Buying or receiving certain goods with intent to defraud.-If any person buy or receive second-hand grate-baskets, keys, bells and bell-fixtures, gas-fixtures, water-fixtures, water-pipes, gas-pipes, or any part of such fixtures or pipes with intent to defraud he shall be confined in jail not less than one month nor more than six months. Possession of any such second-hand baskets, keys, bells and bell-fixtures, waterfixtures, gas-fixtures, water-pipes, gas-pipes, or any part of such fixtures or pipes so bought or received from any other person than the manufacturer thereof or his authorized agent or the owner thereof shall be prima facie evidence of such intent.

1893-4, p. 509.

Sec. 3715. Buying, &c., pig or railroad iron, brass, metal, or any As Amended composition thereof with intent to defraud, how punished; pos- 1889-90, p. 30. session evidence of intent.-If any person buy or receive pig iron, or railroad iron, brass, metal, or any composition thereof with intent to defraud he shall be confined in the penitentiary not less than one nor more than two years or in the discretion of the jury in jail not exceeding one year. Possession of any pig iron or railroad iron, brass, metal, or any composition thereof so bought or received from any other person than the manufacturer thereof or his authorized agent or of a regularly licensed dealer therein shall be prima facie evidence of such intent.

Sec. 3716. [91 Va. 808.]

Sec. 3717. Embezzlement by officers, &c., of public funds; how As Amended punished; default in paying over funds evidence of guilt.-If any 1891-2, p. 748. officer, agent, or employee of the state or of any city, town, or county or the deputy of any such officer having custody of public funds knowingly misuse or misappropriate the same or knowingly dispose thereof otherwise than in accordance with law he shall be confined in the penitentiary not less than one nor more than ten years, and if any default of such

1895-6, p. 676.

As Amended
1897-8, p. 371.
Original Act
Extra Session

1887, p. 505.

1895-6, p. 319.

officer, agent, employee, or deputy in paying over said funds to the proper authorities when required by law to do so shall be deemed prima facie evidence of his guilt.

Sec. 3717 a. Embezzlement for bankers, &c., to receive deposits knowing that bank, &c., is insolvent.-[Ante section 1171 a.]

Sec. 3718 a. Fraudulent sale, negotiation, pledge, or hypothecation of licensed warehouse or other licensed storage receipts, and to provide punishment in respect thereto.-Any firm or person, natural or artificial, who shall issue any licensed warehouse or other licensed storage receipt for farm product in his own name, being in possession of said farm product for or on account of another, and sell, negotiate, pledge, or hypothecate such licensed warehouse or other licensed storage receipt and fraudulently fail to account for or pay over to his principal or the owner of the property the amount so received on such sale, negotiation, pledge, or hypothecation less the charges and amount due him shall be deemed guilty of the larceny of such money or the farm product or the receipt, and upon conviction thereof punished by confinement in the penitentiary not less than one year nor more than five years, and the failure to account for or pay over to such principal or owner shall be prima facie proof of fraudulent intent.

Sec. 3719 a. In relation to the fraudulent conversion of property 'held under a trust deed. Whenever any person is in possession of any personal property in any capacity the title or ownership of which he has agreed in writing shall be or remain in another, and such person so in possession shall fraudulently sell, pledge, pawn, or otherwise dispose of the property without the written consent of the owner or the person in whom the title is, or if such writing be a deed of trust without the written consent of the trustee or beneficiary in such deed of trust, he shall be deemed guilty of the larceny thereof. This act shall not be construed to interfere with the rights of any innocent third party purchasing said property unless such writing shall be docketed or recorded as required by law.

Sec. 3722. [91 Va. 808.]

Sec. 3722 a. The sale of goods marked "sterling,” “sterling silver," or "coin silver," and to regulate the sale of merchandise made of gold.-1. A person who makes or sells or offers to sell or dispose of or has in his possession with intent to sell or dispose of any article of merchandise marked, stamped, or branded with the words "sterling" or "sterling silver," or encased or enclosed in any box, package, cover, or wrapper, or other thing in, by, or which the said article is packed, enclosed, or otherwise prepared for sale or disposition having thereon any engraving or printed label, stamp, imprint, mark, or trade-mark indicating or denoting by such marking, stamping, branding, engraving, or printing that such article is silver, sterling silver, or solid silver, unless nine hundred and twenty-five one-thousandths part of the component parts of the metal of which the said article manufactured is pure silver, is guilty of a misdemeanor, and on conviction thereof shall be fined not less than twenty-five dollars nor more than one hundred and fifty dollars and in default of payment be confined in jail not less than ten nor more than sixty days or both. 2. A person who makes or sells or offers to sell or dispose of or has in his possession with intent to sell or dispose of any article of merchandise marked, stamped, or branded with words "coin" or "coin silver,” or encased or enclosed in any box, package, cover, or wrapper, or other thing in, by, or which the said article is packed, enclosed, or otherwise preparedf or sale or

disposition having thereon any engraving or printed label, stamp, imprint, mark, or trade-mark indicating or denoting by such marking, stamping, branding, engraving, or printing that such article is coin or coin silver, unless nine hundred one-thousandths part of the component parts of the metal of which the said article is manufactured is pure silver, is guilty of a misdemeanor, and on conviction thereof shall be fined not less than twenty-five dollars nor more than one hundred and fifty dollars and in default of payment be confined in jail not less than ten nor more than sixty days or both. 3. Any person who makes or sells or offers to sell or dispose of or has in his possession with intent to sell or dispose of any article of merchandise made of gold of a less carat of fineness than is stamped or marked on it or of a less carat of fineness than is engraved, printed, stamped, or imprinted on the tag, card, box, label, package, wrapper, cover, or other thing in, by, or which the said article is packed, enclosed, or otherwise prepared for sale or disposition shall be guilty of a misdemeanor, and on conviction thereof shall be fined not less than twenty-five dollars nor more than one hundred and fifty dollars for such offence and in default of payment be confined in jail not less than ten nor more than sixty days or both.

Sec. 3722 b. Protection of hotels and boarding-houses.-Whoever 1893-4, p. 970. puts up at a hotel or boarding-house and without having an express agreement for credit procures food, entertainment, or accommodation without paying there for and with intent to cheat or defraud the owner or keeper of such hotel or boarding-house out of the pay for the same; or with intent to cheat or defraud such owner or keeper out of the pay therefor obtains credit at a hotel or boarding-house for such food, entertainment, or accommodation by means of any false show of baggage or effects brought thereto; or with such intent obtains credit at a hotel or boarding-house for such food, entertainment, or accommodation through any misrepresentation or false statement; or with such intent removes or causes to be removed any baggage or effects from a hotel or boarding-house while there is a lien existing thereon for the proper charges due from him for fare and board furnished therein shall be punished by imprisonment not exceeding three months or by fine not exceeding fifty dollars.

Previous

Sec. 3725. Obstructing or injuring canals, railroads, &c.; how pun- As Amended ished. If any person maliciously obstruct, remove, or injure any part of a 1895-6, p. 937. canal or railroad or any bridge or fixture thereof, or maliciously obstruct or Amendment injure any machinery, engine, car, or work thereof whereby the life of 1893-4, p. 662. any traveller or other person on such canal or railroad is put in peril he shall be confined in the penitentiary not less than two nor more than ten years; and in the event of the death of any traveller or other person resulting from such malicious obstructing, removing, or injuring the person so offending shall be deemed guilty of murder, the degree to be determined by the jury; or if any person unlawfully but not maliciously shoot at or into or throw any stone or other missile at or into any passenger train or car on any railroad or any part thereof whereby the life of any traveller or other person on such train or cars may be put in peril, upon conviction thereof he shall be punished by confinement in the penitentiary not less than one nor more than three years or in the county or city jail not less than one nor more than twelve months or fined not exceeding five hundred dollars.

Sec. 3729 a. Unlawful use of telephone and telegraph lines and instruments and to protect them from injury, and prescribe a penalty therefor.- Any person who shall maliciously injure, molest, cut down, or destroy any telephone or telegraph line, wire, cable, or pole, or the material

1897-8, p. 587

1897-8, p. 254.

1897-8, p. 506,

or property belonging thereto, or any unauthorized person or persons who shall maliciously cut, break, tap, or make any connection with any telephone or telegraph line, wire, cable, or instrument where they have legally acquired the right of way by purchase, condemnation, or otherwise; maliciously copy in any unauthorized manner any message, either social, business, or otherwise, passing over it in this state, or who shall wilfully or maliciously prevent, obstruct, or delay by any means or contrivance whatsoever the sending, conveyance, or delivery in this state of any authorized communication by or through any telephone or telegraph line, wire, or cable under the control of any telephone or telegraph company doing business in this state, or who shall maliciously aid, agree with, employ, or conspire with any unauthorized person or persons to unlawfully do or cause to be done any of the acts hereinbefore mentioned shall on conviction thereof be deemed guilty of a misdemeanor and be punished by a fine of not less than fifty dollars nor more than two hundred dollars or by imprisonment in the county jail for not more than six months or by both fine and imprisonment within the limits hereinbefore specified, at the discretion of the court having cognizance thereof.

Sec. 3729 b. To protect electric lighting and power companies and gas companies and cities and towns from the theft of electric current or gas or apparatus, or unlawful interference therewith.— Any person who shall unlawfully injure or destroy, or having the right to prevent it shall permit to be injured or destroyed any meter, pipe, conduit, wire, line, post, lamp, or other apparatus belonging to a city or town or to a company engaged in the manufacture or sale of electricity or gas for lighting or power purposes, or who shall unlawfully prevent an electric or gas meter from duly registering the quantity of electricity or gas supplied, or in any way unlawfully interfere with its proper action or just registration, or who shall without the consent of such company or city or town unlawfully divert any electric current from any wire of such company or city or town, or who shall otherwise unlawfully use or cause to be used without the consent of such company or city or town any electricity or gas manufactured or distributed by such company or city or town, shall on conviction thereof be deemed guilty of a misdemeanor and be punished by a fine of not less than twentyfive dollars nor more than two hundred or by confinement in jail for not more than one year or by both such fine and imprisonment.

Sec. 3729 c. To prevent the injuring, destroying, or removing of any switch-lamp, flag-lamp, or other signal used by any railroad, and to provide punishment therefor.-If any person maliciously injure, destroy, or remove any switch-lamp, flag, or other signal used by any railroad whereby the life of any traveller, employee, or other person is or may be put in peril he shall be punished by confinement in the penitentiary not less than two nor more than ten years, and in the event of the death of any traveller, employee, or other person resulting from such malicious injury, destroying, or removing the person so offending shall be deemed guilty of murder, the degree to be determined by the jury. If such act be done unlawfully but not maliciously the offender shall in the discretion of the jury be confined in the penitentiary not less than one nor more than five years or be confined in jail not exceeding twelve months and fined not exceeding five hundred dollars; and in the event of the death of any traveller, employee, or other person resulting from such unlawful injuring, destroying, or removing the person so offending shall be deemed guilty of murder or of manslaughter, as the jury may determine.

Sec. 3729 d. To punish the destruction in whole or in part of cer- 1889-90, p. 37. tain property by the use of dynamite, nitro-glycerine, or other explosive substances.-If any person in the night-time by the use of dynamite, nitro-glycerine, or other explosive substance maliciously destroy in whole or in part the dwelling-house of another, or any hotel, asylum, or other house in which persons usually dwell or lodge, or any boat or vessel or river craft in which persons usually dwell or lodge, or any jail or prison he shall be punished with death or in the discretion of the jury by confinement in the penitentiary not less than ten nor more than eighteen years; but if the jury find that at the time of committing the offence there was no person in such dwelling-house, hotel, asylum, or other house, or in such boat, vessel, or river craft, jail or prison the offender shall be punished by confinement in the penitentiary not less than five nor more than fifteen years. And if the offence be committed in the daytime the offender shall be confined in the penitentiary not less than three nor more than fifteen years.

2. If any person by the use of dynamite, nitro-glycerine, gunpowder, or other explosive substance maliciously destroy in whole or in part any church building, meeting-house, court-house, town-house, or other building (except a jail or prison) erected for public use, or any banking-house, warehouse, store-house, manufactory, or mill of another person not usually occupied by persons lodging therein at night he shall be confined in the penitentiary, when any such building so destroyed and the property therein is of the value of one thousand dollars or more, not less than three nor more than fifteen years, and if of less value than one thousand dollars he shall be confined in the penitentiary not less than two nor more than ten years.

3. If any person by the use of dynamite, nitro-glycerine, gunpowder, or other explosive substance maliciously destroy in whole or in part any barn, stable, corn-house, tobacco-house, or any other building not mentioned in this section or the preceding sections of this act he shall be confined in the penitentiary, when such barn, stable, corn-house, tobaccohouse, or other buildings so destroyed, and the property therein is of the value of one hundred dollars or more, not less than three nor more than ten years, and if of less value than one hundred dollars he shall be confined in the penitentiary not less than two nor more than ten years.

4. If any person by the use of dynamite, nitro-glycerine, gunpowder, or other explosive substance maliciously destroy in whole or in part any bridge, lock, or dam, or any ship, boat, vessel, river craft, or railroad car not mentioned in the first section of this act he shall be confined in the penitentiary, when such bridge, lock, dam, ship, boat, vessel, river craft, or railroad car so destroyed is of the value of one hundred dollars or more, not less than three nor more than ten years, and if of less value than one hundred dollars he shall be confined in jail not exceeding twelve months and fined not exceeding five hundred dollars.

Sec. 3730. Pulling down fences or leaving open gates; how pun- As Amended ished. If any person without permission of the owner pull down the 1891-2 p. 403. fence of another and leave the same down, or without permission open and leave open the gate of another or any gate across a public road established by order of court, he shall be fined not less than five nor more than twenty dollars, to be recovered before a justice of the peace.

Sec. 3732 a. To punish false pretence in obtaining registration of Extra Session cattle and other animals and to punish giving false pedigree.—Every 1887, p. 38. person who by any false pretence shall obtain from any club, association, society, or company for improving the breed of cattle, horses, sheep,

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