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swine, or other domestic animals the registration of any animal in the herd register or other register of any such club, association, society, or company, or a transfer of any such registration, and every person who shall knowingly give a false pedigree of any animal in any or in either event he shall be guilty of a misdemeanor, and upon a conviction thereof shall be punished by confinement in a county or city jail for a period not exceeding twelve months or fined not exceeding five hundred dollars or both.
Sec. 3735. [87 Va. 672.]
Sec. 3737. [87 Va. 672.]
OF OFFENCES AGAINST PUBLIC JUSTICE.
As Amended 1897-8, p. 548.
Sec. 3741. [92 Va. 824.]
Sec. 3768. Cases in which courts and judges may punish summarily for contempt.-The courts and judges may issue attachments for contempt and punish them summarily only in the following cases, which are hereby declared to be direct contempts, all other contempts being indirect contempts:
First. Misbehavior in the presence of the court or so near thereto as to obstruct the administration of justice.
Second. Violence or threats of violence to a judge or officer of the court or to a juror, witness, or party going to, attending, or returning from the court for or in respect of any act or proceeding had or to be had in such court.
Third. Misbehavior of an officer of the court in his official character.
Fourth. Disobedience or resistance of an officer of the court, juror, or witness to any lawful process, judgment, decree, or order of the said court.
When the court adjudges a party guilty of a direct contempt it shall make an entry of record, in which shall be specified the conduct constituting such contempt and shall certify the matter of extenuation or defence set up by the accused and the evidence submitted by him and the sentence of the court.
PROCEEDINGS IN CASES OF INDIRECT CONTEMPT.-Upon the return of an officer on process or upon an affidavit duly filed showing any person guilty of indirect contempt a writ of attachment or other lawful process may issue and such person may be arrested and brought before the court, and thereupon a written accusation setting forth succinctly and clearly the facts alleged to constitute such contempt shall be filed and the accused required to answer the same by an order which shall fix the time therefor and also the time and place for hearing the matter. A copy of this order shall be served upon the accused, and upon a proper showing the court may extend the time so as to give the accused a reasonable opportunity to purge himself of such contempt.
After the answer of the accused or if he fail or refuse to answer the court may proceed at the time so fixed to hear and determine such accusation upon such testimony as shall be produced. If the accused answer the trial shall proceed according to the rules governing the trial of criminal cases and the accused shall be entitled to compulsory process for his witnesses and to be confronted with the witnesses against him.
Such trial shall be by the court, or upon the application of the accused a trial by a jury shall be had as in any case of a misdemeanor.
If the jury find the accused guilty of contempt they shall fix the amount of his punishment by their verdict.
The testimony taken on the trial of any case of contempt shall be preserved on motion of the accused, and any judgment of conviction therefor may be reviewed on writ of error from the circuit court having jurisdiction if the judgment is by a county court, or on writ of error from the supreme court of appeals if the judgment is by a circuit or corporation court. In the appellate court the judgment of the trial court shall be affirmed, reversed, or modified as justice may require. If the writ of error to the judgment of a county court is refused by the circuit court having jurisdiction application may then be made to the court of appeals.
OF OFFENCES AGAINST THE PEACE.
Sec. 3780. Carrying concealed weapons; how punished; forfeiture and sale of weapons. If any person carry about his person hid from com- 1895-6, p. 826. mon observation any pistol, dirk, bowie-knife, razor, slung-shot, or any weapon of like kind he shall be fined not less than twenty dollars nor more than one hundred dollars or be committed to jail not more than thirty days or both in the discretion of the court or jury trying the case, and such pistol, dirk, bowie-knife, razor, slung-shot, or any weapon of like kind shall be forfeited to the commonwealth and may be seized by an officer as forfeited. Upon conviction of the offender the same shall be sold by the officer and the proceeds accounted for and paid over as provided in section twenty-one hundred and nineiy: provided, that this section shall not apply to any police officer, town or city sergeant, constable, sheriff, conservator of the peace, or collecting officer while in the discharge of his official duty: provided, the county judge of any county in term time and the hustings judge of any hustings court in term time upon a written application and satisfactory proof of the good character and necessity of the applicant to carry concealed weapon may grant such permission for one year; the order making same shall be entered in the order book of such court.
Sec. 3780 a. To punish as for a misdemeanor a person using abu
1895-6, p. 808. sive language to another.-If any person shall in the presence or hearing of another curse or abuse such person or use any violently abusive language to such person concerning himself or any of his female relations under circumstances reasonably calculated to provoke a breach of the peace he shall be deemed guilty of a misdemeanor, and on conviction shall be fined in any sum not less than one dollar nor more than twenty-five dollars.
OF OFFENCES AGAINST MORALITY AND DECENCY; PROTECTION OF RELIGIOUS
1897-8, p. 38.
Sec. 3786 a. To make a conspiracy between a husband and any other person or persons to cause a wife to commit adultery a felony, and to provide a punishment therefor.-If any husband shall conspire with any other person or persons to cause the wife of such husband to commit adultery for the purpose of securing from her a divorce or for any other purpose and any act in furtherance of such conspiracy is done the said husband shall be confined in the penitentiary not less than ten nor more than eighteen years; and if any person or persons shall conspire with any husband to cause the wife of such husband to commit adultery for any of the purposes aforesaid and any act in furtherance of such conspiracy is done such person or persons shall be confined in the penitentiary not less than five nor more than eighteen years.
Sec. 3787. [82 Va. 115.]
1895-6, p. 701.
Sec. 3795 a. To prevent cruelty to children and to regulate and provide for their control and custody in certain cases.-1. It shall be unlawful for any person employing or having the custody of any child wilfully to cause or permit the life of such child to be endangered or the health of such child to be injured or wilfully to cause or permit such child to be placed in such a situation that its life or health may be endangered or to cause or permit such child to be overworked, cruelly beaten, tortured, tormented, or mutilated.
2 It shall be unlawful for any person having the care, custody, or control of any child under the age of fourteen years to sell, apprentice, give away, let, or hire out, or otherwise dispose of such child to any person in or for the vocation or occupation, service, or purpose of rope or wire-walking, begging or peddling, or as a gymnast, contortionist, rider, or acrobat in any place whatsoever, or for any obscene, indecent, or immoral purpose, exhibition, or practice whatsoever, or for or in any business, exhibition, or vocation injurious to the health or morals or dangerous to the life or limb of such child, or cause, procure, encourage, or permit any such child to engage therein.
3. It shall also be unlawful for any person to take, receive, hire, employ, use, exhibit, or have in custody any child under the age aforesaid for any of the purposes prohibited in the second section of this act.
4. Any legally incorporated humane society or society for the prevention of cruelty to children is hereby empowered to become the guardian of minor children in accordance with the general provisions of law applicable to the guardianship of minors. The powers and duties of such society as guardian of minor children shall be exercised and performed by its officers and agents, and such society may adopt by-laws in relation thereto not inconsistent with the general provisions of law applicable to such guardianships.
5. Whenever it shall be made to appear to any court having jurisdiction to appoint a guardian that any child under the age of fourteen years by reason of orphanage or of the neglect, crime, drunkenness, or other vice of parents or other persons having custody of such child is growing up without education or salutary control and in circumstances exposing such child to lead a dissolute and vicious life such court may order such child
to be committed to the custody of any legally incorporated humane society or society for the prevention of cruelty to children, and such society is hereby authorized to receive such child into its custody and to provide for its care and education in some suitable family or institution of instruction; such society may discharge such child from its custody whenever in the judgment of said society the object of such commitment has been accomplished. At any time before such discharge said society may surrender such child to the custody of the court by which such commitment was ordered. In case of such surrender or in case there is no such incorporated society willing to take the custody of such child the said court may make such order as to the custody of such child as now is or may be provided by law in cases of vagrant, truant, disorderly, pauper, or destitute children; but nothing contained in this act shall be construed to oblige any such society to receive the custody of any child nor to atlect in any way the duty of any city or town to provide for any child having a legal settlement therein. Such court may at any time on the petition of such parent or any other person revoke its order and restore said child to its former custody or to the custody of any other person when it is made to appear that the welfare of said child will be thereby promoted. All proceedings under this section shall be by petition after notice to the person having custody of such child.
0. Whenever any person or persons having the care or custody of any child within the age previously mentioned in this act shall engage, hire out, or use such child in or for any business, exhibition, vocation, or purpose prohibited in this act, or shall permit the use of such child therefor, and shall be convicted of the same, the court or magistrate before whom such conviction is had may at his discretion if he should think it desirable for the welfare of such child deprive the person or persons so convicted of the custody of such child, and thereafter such child shall be deemed in the custody of the court, and thereupon such proceedings shall be had as to the commitment, custody, care, and education of such child as are provided for in section five of this act.
7. A person convicted under any of the provisions of this act shall be deemed guilty of a misdemeanor and shall be punished by fine not exceeding two hundred dollars or by imprisonment in jail not exceeding twelve months or both.
8. In this act the word “person" shall be construed to include corporations, partnerships, companies, and associations, as well as individuals.
Sec. 3796. [Repealed with amendment of 1891-'92, page 862. Acts 1893-'94, page 163.]
Sec. 3797 a. To define and punish the offence of cruelty to animals, and 1893-4, p. 163. to prescribe the rights, duties, and powers of all legally incorporated societies for the prevention of cruelty to animals in this state, and the officers and agents thereof.-1. Any person who overrides, overdrives, overloads, tortures, ill-treats, or cruelly or unnecessarily beats, maims, mutilates, or kills any animal, whether belonging to himself or another, or deprives any animal of necessary sustenance, food, or drink, or causes any of the above things, or being the owner of such animal permits such acts to be done by another, or who wilfully sets on foot, instigates, engages in, or in any way furthers any act of cruelty to any animal; or who having in custody any maimed, diseased, disabled, or infirm animal leaves it to lie or be in a street, road, or public place, or who shall carry or cause to be carried in or upon any vehicle or vessel or otherwise any animal in a cruel, brutal, or inhuman manner, so as to produce torture or unnecessary suffering
shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not more than one hundred dollars or confined in jail for a period not exceeding twelve months or both : provided, that nothing in this act shall be construed as prohibiting the docking of horses' tails or the dehorning of cattle.
2. Any officer or agent of any society duly incorporated under the laws of this state for the prevention of cruelly to animals whose appointment shall have been approved as hereinafter provided shall have power to arrest without warrant any person found violating in his presence any of the provisions of this act, and upon making such arrest shall forthwith convey the person arrested before some court or magistrate having jurisdiction of the offence and there make complaint against him; but said officers and agents shall not be authorized to make such arrests within any municipal corporation unless their appointment has been approved by the mayor thereof, nor within any county beyond the limits of a municipal corporation unless their appointment has been approved by the county judge of said county; and the mayor or county judge shall keep a record of all such appointments and require the officer or agent to execute bond in the penalty of five hundred dollars with security conditioned according to law and that such officer or agent will not knowingly make a false or improper arrest under the provisions of this act.
Such officers and agents shall be provided with a certificate by the society appointing them that they are such officers or agents in such form as the directors of said society may choose, which certificate shall also bear the written approval by the mayor or county judge of such appointment as provided for in this section, and the said officers and agents shall if requested show such certificates when acting officially; and any such officer or agent shall have power to execute any warrant issued by a magistrate for the violation of any of the said provisions, whether the offence was committed in his presence or not.
In no case shall the appointment of such officers or agents or any services performed by them entail any cost or expense upon such county or municipal corporation or upon the state.
3. Any such officer or agent whose appointment shall have been approved as provided in section two may lawfully interfere to prevent the perpetration of any act of cruelty upon any animal in his presence, and every person who shall interfere with or obstruct or resist any such officer or agent in the discharge of his rights, powers, and duties as authorized and prescribed in this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not more than fifty dollars or confined in jail not more than thirty days or both.
4. When a sworn complaint is made to any proper authority by any such agent or officer that the complainant believes and has reasonable cause to believe that the laws in relation to cruelty to animals have been, are being, or are about to be violated in any particular building or place such authority, if satisfied that there is reasonable cause for such belief, shall issue a warrant authorizing any sheriff, deputy sheriff, sergeant, deputy sergeant, constable, police officer, or any such officer or agent of such society to search such building or place; but no such search shall be made after sunset unless specially authorized by such authority upon satisfactory cause shown.
5. Any such agent or officer may lawfully destroy or cause to be destroyed any animal in his charge or found abandoned or not properly cared for when in the judgment of such agent or officer and of two reputable citizens called to view the same in his presence, one of whom may be