selected by the owner of said animal if he should so request and who shall give their written certificate thereto, such animal appears to be injured, disabled, diseased, past recovery, or unfit for any useful purpose, and should the two citizens called in as above disagree they shall select a third, and his decision shall be final. 6. When any person arrested under any provision of this act is at the time of such arrest in charge of any vehicle drawn by or containing any animal cruelly treated any such agent or officer of such society may take charge of such animal and of such vehicle and its contents and shall give notice thereof to the owner if known, and shall care and provide for them until their owner shall take charge of the same: provided, that the owner shall take charge of them within thirty days from the date of said notice, and the said society shall have a lien on said animals and vehicles for the expenses of such care and provision, which lien may be enforced as provided in section eight. 7. Any such officer or agent may lawfully take charge of any animal found abandoned, neglected, or cruelly treated or unfit for use, and shall thereupon give notice thereof to the owner if known, and may provide for such animal until the owner take charge of the same, and the expenses of such care and provision shall be a charge against the owner of such animal collectible by the society whose officer or agent may have taken charge of such animal from the owner by suit. 8. When any such society, acting through its agents or officers, shall provide a neglected or abandoned animal or any other animal taken charge of by the society as herein before provided with proper food, shelter, and care it may detain such animal until the expense of such food, shelter, and care is paid and shall have a lien upon such animal therefor, and if such expense be not paid within twenty days after such food, shelter, and care begins to be furnished as aforesaid such animal may be sold at public auction upon giving written notice of the time and place of sale at least six days previous thereto to the owner if he be known, and if he be not known by giving notice of the time and place of such sale for at least six days previous thereto in some newspaper published in the county or city where such animal was found; and after discharging the lien on said animal or vehicle as provided in this act the proceeds remaining shall be paid over to owner of said animal. 9. The provisions of this act may be enforced by any justice of the peace in cities, towns, or counties wherein the offence is committed or the offender or owner may be found, and every such offender shall have the right of appeal to the corporation court in cities and the county court in counties. 10. In every case prosecuted upon the evidence, complaint, or information of any officer or agent of any duly incorporated society for the prevention of cruelty to animals one-half of the fine assessed against the accused person who may have been convicted shall upon the collection of said fine be paid over to the said society. 11. Section thirty-seven hundred and ninety-six of the code of Virginia as amended by act of the general assembly approved March first, eighteen hundred and ninety-two, and all other acts or parts of acts in conflict with this act are hereby repealed. 12. Whenever a warrant is sworn out or a presentment, indictment, or information is obtained upon the complaint or information of any such officer or agent the name of such officer or agent shall be endorsed as prosecutor upon such warrant, indictment, information, or presentment. 1895-6, p. 859. As Amended 1897-8, p. 342. 1889-90, p. 58. As Amended 1895-6, p. 488. Previous Amendment 1891-2, p. 872. 13. The whole of the fines collected under this act shall go to the commonwealth unless the name of such officer or agent be endorsed on the warrant, presentment, indictment, or information sued out or presentment found or obtained upon the complaint and information of such officer or agent. Sec. 3796 b. To prohibit winter racing in the state of Virginia.— It shall be unlawful for any person or association of persons, any agricultural association, county or city fair, driving club or driving park association, or any other person or corporation whatsoever to have upon the grounds or tracks owned or controlled by them or upon any race track whatsoever any running or trotting races or any other trials of speed between horses during the months of December, January, February; and March. 2. Any violation of the provisions of this act shall be punished by a fine of not less than two hundred and fifty dollars for the first offence and of not less than five hundred dollars for the second offence or any subsequent offence, and in no case shall the fine exceed one thousand dollars. Sec. 3798. Profane swearing and drunkenness; how punished.— If any person arrived at the age of discretion profanely curse or swear or get drunk he shall be fined by a justice one dollar for each offence; but nothing herein contained shall apply to any city or town having police regulations on this subject. Sec. 3801. [88 Va. 95; 93 Va. 749; 2 Va. L. R. 283.] Sec. 3803 a. To prohibit the loading and unloading of steamships' and steamboats' cargoes on a Sunday.-No steamboat company shall by any agent or employee load or unload on a Sunday any steamship or steamboat arriving at any port or landings on the bays, rivers, or other waters of this state or permit the same to be done by any such agent or employee except where such steamship or steamboat is for the transportation of the United States mails, or for the transportation of passengers and their baggage, or for the transportation of through freight in transitu, or of live stock, or of articles of such perishable nature as would be necessarily impaired in value by one day's delay in their passage: provided, that nothing in this act shall be construed as preventing any steamship or steamboat arriving at any port or landing on the bays, rivers, and other waters of this state not its final point of destination from unloading any and all freight intended for delivery at such intermediate port or landing or from loading and taking on any and all freight intended for shipment from such intermediate port or landing to the final destination of said steamship or steamboat. Any steamship or steamboat company violating the provisions of this act shall be deemed to have committed a separate offence in each county or corporation in which said steamship or steamboat shall land and be unloaded, and shall be fined in a sum not less than fifty nor more than one hundred dollars for each offence. Sec. 3804. [87 Va. 96; 3 Va. L. R. 49.] Sec. 3807. Selling, &c., spirituous liquors or articles of traffic within three miles of camp-meeting, &c.; how punished.-If any person erect or have any booth, stall, tent, carriage, boat, vessel, vehicle, or other contrivance for the purpose of selling or otherwise disposing of any spirituous or fermented liquors or any other article of traffic or shall carry on any business whatever growing out of and dependent upon such meeting, or sell or otherwise dispose of any spirituous or fermented liquors or any other article of traffic within three miles of any camp-meeting or other place of religious worship or place of any public meeting for the promotion of the cause of temperance during the time of holding any meeting for religious worship or for the promotion of the cause of temperance at such place he shall for the first offence be fined not less than ten nor more than twenty dollars and be committed to jail until the fine and costs are paid, and for the second offence be fined as aforesaid and confined in jail not less than ten nor more than thirty days. 1895-6, p. 539. Previous Amendments 1891-2, p. 872. Sec. 3810. Appointment of police for religious meetings.-The super- As Amended visor or any justice of the magisterial district where a religious meeting is held may appoint a temporary police to aid in enforcing any of the provisions of section thirty-eight hundred and five and the sections following 1895-6, p. 488. to thirty-eight hundred and eight inclusive. The supervisor or any justice of the magisterial district where a religious meeting is held shall upon the written application of the conductor of such meeting appoint as many temporary police as may be necessary to enforce order at such meeting, the authorities of such meeting paying all expenses incurred by reason of the appointment of such officers. Sec. 3810 a. To protect schools, literary societies, &c.—If any person 1889-90, p. 152. wilfully interrupt, molest, or disturb any school exercises, free school or other school, literary society, or being intoxicated disturb the same, whether wilfully or not, he shall be guilty of a misdemeanor and fined not less than ten nor more than fifty dollars or at the discretion of the court be confined in the jail of the county not more than thirty days in addition to said fine. A justice of the peace or police justice may try and determine these cases. CHAPTER CLXXXVI. OF OFFENCES AGAINST PUBLIC HEALTH. Sec. 3814 a. To prevent the pollution of potable water used for the 1891-2, p. 759. supply of cities and towns.—It shall be unlawful except as hereinafter provided for any person to defile or render impure, turbid, or offensive the water used for the supply of any city or town of this state or the sources or streams used for furnishing such supply or to endanger the purity thereof by the following means or any of them, to wit: By washing or bathing therein, or by casting into any spring, well, pond, lake, or reservoir from which such supply is drawn, or into any stream so used or the tributary thereof above the point where such supply is taken out of such stream or is impounded for the purposes of such supply, or into any canal, acqueduct, or other channel or receptacle for water connected with any works for furnishing a public water supply any offal, dead fish, or carcass of any animal, or any human or animal filth or other foul or waste animal matter, or any waste vegetable or mineral substance, or the refuse of any mine, manufactory, or manufacturing process, or by discharging or permitting to flow into any such source, spring, well, reservoir, pond, stream, or the tributary thereof, canal, acqueduct, or other receptacle for water the contents of any sewer, privy, stable, or barn-yard, or the impure drainage of any mine, any crude or refined petroleum, chemicals, or any foul, noxious, or offensive drainage whatsoever, or by constructing or maintaining any privyvault or cesspool, or by storing manure or other soluble fertilizer of an 1887-8, p. 83. 1889-90, p 63. Unconstitutional. Brimmer vs. offensive character, or by disposing of the carcass of any animal, or any foul, noxious, or putrescible substance, whether solid or fluid, and whether the same be buried or not, within two hundred feet of any water course, canal, pond, or lake aforesaid, which is liable to contamination by the washing thereof or percolation therefrom: provided, that nothing in this act contained shall be construed to authorize the pollution of any of the waters in this state in any manner now contrary to law: and provided, further, that this act shall not apply to streams the drainage area of which above the point where the water thereof is withdrawn for the supply of any city or town or is impounded for the purposes of such supply shall exceed fifty square miles. That any person knowingly or wilfully violating the terms of this act shall be deemed guilty of a misdemeanor, and shall be punished for each offence by a fine not exceeding one hundred dollars or by imprisonment not exceeding thirty days or by both at the discretion of the court: and provided, further, that nothing herein contained shall be so construed as to prevent the washing of ore or minerals in any of the streams or waters of this commonwealth other than such as may be used for the water supply of any city or town. Sec. 3814 b. To prevent the pollution of drinking water.-Any person or persons who shall knowingly and wilfully throw or cause to be thrown into any reservoir or other receptacle of drinking water or spring or stream of running water ordinarily used for the supply of drinking water or domestic purposes of any person or family, town or city in this commonwealth the dead body of any animal, or shall drown and leave or cause to be drowned and left any animal therein shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not exceeding one hundred dollars or imprisoned not exceeding six months or both at the discretion of the court in which such conviction is made. Sec. 3814 c. To prevent the selling of unwholesome meat (preamble omitted).-1. It shall not be lawful to offer for sale within the limits of this Rehnan, 138 state any fresh meats (beef, veal, or mutton) which shall have been slaughtered one hundred miles or over from the place at which it is offered for sale until and except it has been inspected and approved as hereinafter provided. U. S. 78. 2. The county court of each county and the corporation court of each city of this state shall in their respective counties and cities appoint one or more inspectors of fresh meats on the petition of not less than twenty citizens, and it shall be the duty of said inspectors to inspect and approve or condemn all fresh meats offered for sale in this state which has been transported one hundred miles or more from the place at which it was slaughtered. 3. And for all fresh meats so inspected said inspector shall receive as his compensation one cent per pound, to be paid by the owner of the meat. 4. It shall be the duty of any and all persons, firms, or corporations, before offering for sale in this state fresh meats which under the provisions of this act are required to be inspected, to apply to the fresh meat inspector of the county or city where the same is proposed to be sold and have said meat inspected; and for a failure so to do or for offering to sell any fresh meats condemned by said inspector the person, firm, or corporation so selling or offering to sell shall be fined not less than fifty nor more than one hundred dollars for each offence, to be recovered before any justice of the peace of the county or city where the violation occurs: provided, that in cities of fifteen thousand inhabitants or more one-half of the fees of inspectors shall be paid into the state treasury: and provided, further, that nothing in this act shall apply to the counties of Accomac and Northampton. 5. The said inspectors before discharging the duties herein imposed shall take and subscribe an oath before the court appointing them to faithfully discharge said duties, and the several courts are respectively empowered to remove for cause any inspector and to appoint another or others instead. Sec. 3814 d. Abating public nuisances and for disposing of fines imposed therefor.-1. Upon complaint made to the county, corporation, or hustings court of any county, city, or town of this state by five or more citizens of any county, city, or town setting forth the existence of a public or common nuisance the court of such county, city, or town or the judge thereof in vacation shall summon a special grand jury in the mode now provided by law to the next term of such court to specially investigate the complaint made as aforesaid. 2. If upon a full investigation of such complaint the grand jury is satisfied that the nuisance complained of is of a public nature it shall proceed to make presentment against such person or persons as they may find have created or caused such nuisance: provided, however, that if any such nuisance be upon premises the owner of which did not create or cause such nuisance but permitted its continuation, such owner shall for the purposes of this act be deemed responsible for such nuisance, and if such owner be not a resident or citizen of this state or one whose residence is not known such presentment shall be against the premises upon which such nuisance is. 3. Upon any such presentment the court shall order a copy thereof to be served upon the person or persons presented or whose property is presented in the manner prescribed by law as to the service of notices. To any such proceeding. if it be in rem, any person interested for and in behalf of the owner of such premises may make defence. 4. Upon the trial of any such presentment the person or persons who have created, caused, or permitted the continuation of such nuisance if found guilty shall be fined in the discretion of the jury not more than five thousand dollars, and upon such verdict the judgment of the court shall be for the amount of fine imposed and the cost of such proceeding and also that such nuisance be forthwith removed and abated. Every such judgment, whether the proceeding in which it is rendered be in personam or in rem, shall have the force and effect of a judgment rendered in any other proceeding at law. 5. All fines imposed under this act shall be applied by the court in which such proceeding is had-first, to the cost of removing or abating such nuisance if necessary; and second, to the payment of such special damage as the jury may find has been sustained by any person or persons by reason of such nuisance in such proportions as the jury shall fix, but if the jury find that no special damage has been sustained by any one by reason of such nuisance such fine shall pass to the commonwealth as in other cases. 6. All prosecutions under this act shall be made by the attorney for the commonwealth for such county, city, or town, and for such service a fee of ten dollars shall be taxed in the cost of such proceeding: provided, that other counsel may be associated with the attorney for the commonwealth if any person interested so desires. 1887-8, p. 557. |