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2. That it shall be unlawful for any vessel to anchor on the range of any rangle lights established by the United States light-house board unless such anchorage is unavoidable, and the master of any vessel so anchoring shall be deemed guilty of a misdemeanor, and upon conviction thereof before any court of competent jurisdiction shall be punished by a fine not to exceed fifty dollars, one-half of the fine in each case to be paid to the informer and one-half to the state.
3. That the cost of repairing or replacing any such buoy, beacon, or day mark which may have been misplaced, damaged, or destroyed by any vessel or raft whatsoever having been made fast to any such buoy, beacon, or day mark shall, when the same shall be legally ascertained, be a lien upon such vessel or raft and may be recovered against said vessel or raft and the owner or owners thereof in an action of debt in any court of competent jurisdiction in this state.
4. Any person having charge of any raft passing any buoy, beacon, or day mark which shall not exercise due diligence in keeping clear of it, or if unavoidably fouling it shall not exercise due diligence in clearing itself without dragging from it such buoy, beacon, or day mark shall be guilty of a misdemeanor, and upon conviction shall be punished by fine not to exceed fifty dollars.
GENERAL PROVISIONS CONCERNING CRIMES AND PUNISHMENTS.
1893-4, p. 29.
Sec. 3879. [89 Va. 570.]
Sec. 3888. How attempts to commit offences punished.—Every As Amended person who attempts to commit an offence and in such attempt does any 88 Va: 37. act towards its commission shall when not otherwise provided be punished as follows: If the offence attempted be punishable with death the person making such attempt shall be confined in the penitentiary not less than two nor more than five years, except attempts to commit rape shall be punishable with death or in the discretion of the jury by confinement in the penitentiary not less than three nor more than eighteen years, if it be punishable by confinement in the penitentiary he shall be confined in jail not less than six nor more than twelve months; if it be punishable by confinement in jail or fine he shall be confined in jail not exceeding six months or fined not exceeding one hundred dollars; but if the attempt be to commit grand or petit larceny he shall be fined or imprisoned in jail in the discretion of the jury not less than fifteen days nor more than six months.
Sec. 3890. Offences committed without and made punishable within As Amended the state; where prosecuted.-Prosecution for offences committed wholly 92 Va: 189.
1895-6, p. 576. or in part without and made punishable within this state may be in any ? Va. L. R. 600. county or corporation in which the offender is found or to which he is sent by any judge, justice, or court; and if any person shall commit larceny or robbery beyond the jurisdiction of this state and bring the stolen property into the same he shall be liable to prosecution and punishment for his offence in any county or corporation in which he may be found as if the same had been wholly committed therein.
Sec. 3890 a. When a mortal wound or injury is inflicted by a person 1895-6, p. 605. within the state upon one outside the same or upon one in this state who afterwards dies from the effects of the same outside of the state that the offender shall be amenable to punishment, and where he may be prosecuted.-If a mortal wound or other violence or injury be inflicted by a person within this state upon one outside of the same or
upon one in this state who afterwards dies from the effect thereof out of the state the offender shall be amenable to prosecution and punishment for the offence in the courts of the county or corporation in which he was at the time of the commission thereof as if the same had been committed in such county or corporation.
Sec. 3891. [88 Va. 95.]
Sec. 3897. [85 Va. 128; 88 Va. 356.]
Sec. 3898. [89 Va. 570.]
1897-8, p. 839.
Sec. 3902 a. To empower any judge or justice of the commonwealth before whom a minor under sixteen years of age is convicted of a misdemeanor to substitute stripes in lieu of fine and imprisonment, or of either, with the consent of the parent or guardian of such minor.When any minor under sixteen years of age is convicted of a misdemeanor the justice or judge before whom such conviction is had may if the parent or guardian shall inflict on such minor such punishment as the court may think adequate then the court shall discharge such minor from custody.
The stripes imposed under this act shall be administered by the sheriff or any constable of the county or sergeant of the corporation wherein the conviction is had upon the order of the judge or justice imposing the sentence, and at such time and place as the said judge or justice may direct. The parent or guardian shall have the right to be present when such stripes are administered.
Sec. 3905. [92 Va. 780; 1 Va. L. R. 607.]
Sec. 3906. [92 Va. 780; 1 Va. L. R. 607.]
Sec. 3907. [92 Va. 780; 1 Va. L. R. 607.]
As Amended 1897-8, p. 620.
Sec. 3909. Clerks to keep registers of descriptive lists of persons convicted of felony, &c.; form of register; photographs of convict may be taken; copy of lists and photographs to be evidence of identity, &c.—The clerk of the court of each county and corporation shal) keep a register of full and accurate descriptive lists of every person codvicted in his own or any other court of record of his county or corporation of felony or other infamous offence. Such register shall be kept written up, well indexed. Each list shall be duly attested by said clerk and the same shall be open to public inspection at all reasonable hours.
Whenever directed so to do by the judge of any court in which the case has been tried the sheriff, sergeant, or chief of police of such county or corporation shall cause to be taken the photographs of such convict, and the clerk of said court shall file a copy of such photograph with the records of the case: provided, however, that the costs of taking such photograph shall not be paid out of the treasury of the commonwealth.
A duly certified and attested copy of such descriptive list and such photograph may be used as prima facie evidences of the facts therein stated or shown in any question of identity.
Such register shall be in the following form:
Sec. 3912. Who conservators of the peace may bind to good be- As Amended
1891-2, p. 980. havior.-Every judge throughout the state and every justice, commissioner in chancery, notary, and county surveyor while in the performance of the duties of his office within his county or corporation shall be a conservator of the peace, and may require from persons not of good fame security for their good behavior for a term not exceeding one year. Sec. 3922. County courts may appoint special police; their As Amended
1889-90, p. 17. pay, &c.; how allowed and paid.-— The county court of any county may if it deem it advisable appoint a special police force, to consist of not less than two suitable and discreet persons, who shall serve as such until others are appointed in their place by the court. Such court may if it see proper allow compensation to said police, and any expense incurred in the execution of their duties to be paid out of the county levy.
Sec. 3933. How rules, &c., for their government established ; As Amended how their expenses, &c., provided for.—The board of supervisors Previous
1889-90, p. 157. of any county or judge of a county or corporation court shall estab Amendment lish rules and regulations for the care, safe-keeping, and government 1887, p. 396. of persons employed in chain-gangs, provide for the payment of their expenses, and furnish them the necessary clothing, to be paid out of their city, town, and county treasuries respectively; and in the event such person or persons so consigned to labor in chain-gangs do not conform to and obey the rules and regulations prescribed for their government the same may be enforced by the infliction of such corporal punishment as the council of the city or town or the board of supervisors of the county or the judge of the county or corporation court either in term or vaction may prescribe, to be executed by the sergeant of the city or toron or the jailer of the county or the officer or other person placed in charge of such chain-gang.
1897-8, p. 521.
Sec. 3937 a. To require junk dealers to keep certain books and exhibit the same; to make report of certain articles received or purchased by them, and prescribing penalties for failing to do so.-Every junk dealer shall keep at his place of business a book or books, in which shall be fairly written in English an accurate description of each article purchased or received by him (except rags, bones, old scrap iron other than gas-pipe, and paper), with the price paid therefor, together with the name, residence, occupation, and a correct description of the person from whom he received the same. The said book shall at all times be open to the inspection of any sheriff, sergeant, constable, or police officer of the county or corporation in which such junk dealer shall do business.
Every junk dealer doing business in any city or town shall every day (except Sunday) before eleven o'clock in the forenoon deliver to the chief of police of such city or town on a blank form to be prescribed by such chief of police a legible and correct transcript from his book or books of his transactions of the previous day. No junk dealer shall sell, melt, change the form of, or dispose of any article bought or received by him which he is required by this act to make record of and report within five days after such report.
Any junk dealer who shall fail to keep such book or who shall on demand fail or refuse to exhibit the same to any sheriff, sergeant, constable, or police officer, or who shall fail or refuse to make a correct report as required by this section, or who shall in any other respect violate the provisions of this act shall be deemed guilty of a misdemeanor, and for each offence shall on conviction thereof be punished with a fine of not less than ten nor more than one hundred dollars.
If any junk dealer shall have in his possession any article which is proved to have been stolen, except rags, bones, old scrap iron other than gas-pipe, and paper, the receipt or purchase of which he has not recorded in the book which he is required to keep or which he has not reported as prescribed by the preceding section he shall be deemed guilty of the larceny thereof.
OF CORONERS' INQUEST S.
OF SEARCH WARRANTS,
As Amended 1897-8, p. 399.
Sec. 3951. When justice may issue search warrant for property stolen, &c.-If there be complaint on oath that personal property has been stolen, embezzled, or obtained by false pretences, and that it is believed to be concealed in a particular house or other place the justice to whom complaint is made, if satisfied that there is reasonable cause for such belief, shall issue a warrant to search such place for the property: provided, that in any city or town in which there is a police justice or mayor who possesses the jurisdiction and exercises the powers of a justice of the peace in criminal matters no such warrant shall be issued by any other justice unless such police justice or mayor is absent from his corporation or in his judgment is too unwell or so situated as to render it
impossible for him to act: and provided further, however, that in the city of Richmond six justices of the peace shall be designated by the hustings court and the city of Norfolk three justices of the peace to be appointed by the corporation court by orders duly entered of record, each of whom shall have the right to issue the foregoing warrants for any such offence alleged to have been committed in any portion of said city. Sec. 3953. How warrant directed; what it shall command. As Amended
1897-8, p. 399. Every search warrant shall be directed to the sheriff, sergeant, or constable of the county or corporation in which the place to be searched is unless herein otherwise provided, and shall command him to search the place designated either in day or night and seize such stolen property or other things and bring the same and the person in whose possession they are found before a justice or court having cognizance of the case: provided, that in cities and towns having a police force the warrant shall be directed “to any policeman of said city (or town)," and shall be exccuted by the policeman into whose hands it shall come or be delivered.
OF ARREST, COMMITMENT, AND BAIL. Sec. 3955. Who may issue process of arrest.-A judge of a As Amended
1897-8, p. 398. circuit, county, or corporation court in vacation as well as in term, or a justice, may issue process for the arrest of a person charged with an offence: prorided, that in cities and touns in which there is a police justice or mayor who possesses the jurisdiction and erercises the powers of a justice of the peace in criminal matters no such process shall be issued by any other justice unless such police justice or mayor is absent from his corporation or in his judgment is too unwell or 80 situated as to render it improper for him to act: and provided further, however, that in the city of Richmond six of the justices of the peace shall be designated by the hustings court and the city of Norfolk three justices of the peace to be appointed by the corporation court by orders duly entered of record, each of whom shall have the right to issue the foregoing warrant for any such offence alleged to have been committed in any portion of said city.
Sec. 3956. When it may issue; what to recite and require.- As Amended On complaint of a criminal offence to any such oflicer he shall ex-93 48: 15.9. amine on oath the complainant and any other witnesses, or when such officer shall suspect that an offence punishable otherwise than by fine has been committed he may without formal complaint issue a summons for witnesses and shall examine such witnesses; and if he sees good reason to believe that an offence has been committed shall issue his warrant reciting the offence and requiring the person accused to be arrested and brought before a justice of the county or corporation authorized under the preceding section to issue such process; and in the same warrant may require the oflicer to whom it is directed to summon such witnesses as shall be therein named to appear and give evidence on the examination: provided, that in cities and touns having a police force the warrant shall be directed “ to any policeman of said city (or toun)," and shall be executed by the policeman into whose hands it shall come or be delivered.
Sec. 3960. Bail; when allowed, and by whom.-A justice before whom As Amended a person is charged with an offence not punishable with death or confine- 1895-6, p. 365. ment in the penitentiary or of which is it be so punishable only a light