As Amended As Amended 1893-4, p. 646. Original Act 1891-2, p. 626. 89 Va. 878. CHAPTER CLXXXVII. OF OFFENCES AGAINST PUBLIC POLICY. Sec. 3815. [3 Va. L. R. 470.] Sec. 3818. Betting or playing at faro or at the said games or at any game except, &c., at a public place; how punished.—If any person bet or play at any such table, bank, or wheel of fortune as is mentioned in section thirty-eight hundred and fifteen, or if at any ordinary, race-field, or other public place he play at any game except billiards, bowls, chess, backgammon, draughts, dominoes, or a licensed game or bet on the sides of those who play he shall be fined thirty dollars, and shall if required by the court give security for his good behavior for one year, or in default thereof he may be confined in jail not exceeding three months. Sec. 3818 a. To prevent and punish betting, gambling, and the making, writing, or selling of books or pools or mutuals on the results of any trotting race or running race of horses or race of any kind, or on any election or contest of any kind, or on any game of base-ball.―That it shall be unlawful for any person or persons or association of persons, corporation, or corporations, except upon the grounds owned or controlled by any agricultural association or county or city fair heretofore chartered under chapter forty-seven of the code of Virginia or by the general assembly of Virginia, and except also upon any grounds owned or controlled by any driving club or driving park heretofore chartered under chapter fortyseven of the code of Virginia or by the general assembly of Virginia, to occupy any room, shed, tenement, or building, or any part thereof, or to occupy any place upon any grounds other than above specified with books, apparatus, or paraphernalia for the purpose of recording or registering bets or wagers or of selling or making books, pools, or mutuals upon the result of any trial of speed or power of endurance of animals or beasts, or being the owner or lessee or occupant of any room, tent, tenement, shed, booth, or building, or part thereof at any place other than above specified knowingly to permit the same to be used or occupied for any such purposes, or therein to keep, exhibit, or employ any device or apparatus for the purpose of recording or registering such bets or wagers or the selling or making of such books, pools, or mutuals, or to become the custodian or depository for gain, hire, or reward of any money, property, or thing of value bet or wagered or to be wagered or bet contrary to the provisions of this act, or to receive, register, record, forward, or purport or pretend to forward to or for any race course other than that of agricultural associations, county or city fairs heretofore chartered under chapter forty-seven of the code of Virginia or by the general assembly of Virginia and driving clubs or driving parks heretofore chartered under chapter forty-seven of the code of Virginia or by the general assembly of Virginia any money, thing, or consideration of value offered for the purpose of being bet or wagered upon the speed or endurance of any animal or beast, or to occupy any place or building or part thereof other than that owned or controlled by agricultural associations, county or city fairs heretofore chartered under chapter forty-seven of the code of Virginia or by the general assembly of Virginia, driving clubs or driving parks heretofore chartered under chapter forty-seven of the code of Virginia or by the general assembly of Virginia, with books, papers, apparatus, or paraphernalia for the purpose of receiving or pretending to receive or for recording or registering or for forwarding or pretending or attempting to forward in any manner whatever any money, thing, or consideration of value bet or wagered or to be bet or wagered by any person, or to receive or offer to receive any money, thing, or consideration of value bet or to be bet contrary to the provisions of this act, or to aid or assist or abet at any race-track or place other than the grounds of any agricultural association, driving club, or driving park heretofore chartered under chapter forty-seven of the code of Virginia or by the general assembly of Virginia in any manner in any of the acts forbidden by this statute. That any person or persons or association of persons, corporation, or corporations violating the provisions of this act shall be fined not less than two hundred nor more than five hundred dollars, one-fourth of which shall be paid to the informer, and be imprisoned not less than thirty days nor more than ninety days. 2 Va. L. R. 94. Sec. 3818 b. To prevent pool selling, &c., upon the results of any trials 1895-6, p. 576. of speed of any animals or beasts taking place without the limits of the 93 Va. 159. commonwealth.-It shall be unlawful for any person or persons or association of persons, corporation or corporations by any ways, means, or devices to make any bet or wager or receive or record or register or forward or purport or pretend to forward any money, thing, or consideration of value to be bet or wagered upon the result of any trial of speed or power of endurance or skill of animals or beasts which is to take place beyond the limits of this commonwealth, or by any ways, means, or devices to aid, assist, or abet in the making of any bet or wager or the receiving, recording, or registering, or forwarding or purporting or pretending to forward any money, thing, or consideration of value to be bet or wagered upon the result of any trial of speed or power of endurance or skill of animals or beasts which is to take place beyond the limits of this commonwealth, or to aid or assist or abet in any way or in any manner in any of the acts forbidden by this act. 2. That any person or persons or association of persons or corporation or corporations violating the provisions of this act shall be fined not less than two hundred nor more than five hundred dollars and be imprisoned not less than thirty nor more than ninety days. 2 Va. L. R. 94. Sec. 3818 c. To prevent gambling and selling or making books, 1895-6, p. 579. pools, or mutuals within the commonwealth of Virginia.-1. It 93 Va. 159. shall be unlawful for any person or persons or association of persons, corporation or corporations to occupy any ground or room, shed, booth tent, tenement, or building, or any part thereof erected on the grounds of any agricultural association, grange association, base-ball park, driving or riding club or association, public or private parks, or elsewhere within the limits of this commonwealth with books, apparatus, or paraphernalia for the purpose of recording bets or wagers or of selling or making books, pools, or mutuals upon the result of any game of base-ball, foot-ball, or the trial of speed or power of endurance of any animal or beast, or being the owner, lessee, or occupant of any room, shed, booth, tent, tenement, building, or grounds, or part thereof knowingly to permit the same to be used for making bets on any game or games of base-ball, foot-ball, or trial of speed or power of endurance of any animal or beast, or therein or thereon to keep, exhibit, or employ, or permit to be kept, exhibited, or employed any device or apparatus for the purpose of recording or registering such bets or wagers or the selling or making of such books, pools, or mutuals, or to become the custodian or depository for gain, hire, or reward of any money, property, or thing of value bet or wagered or to be wagered or bet contrary to the provisions of this act, or to receive, register, record, forward, or pur 1893-4, p. 265. As Amended 1897-8, p. 656. 1897-8, p. 442. port or pretend to forward to or for any race course any money, thing, or consideration of value offered for the purpose of being bet or wagered upon the speed or power of endurance of any animal or beast, or for any person or persons to occupy any place, building, or grounds, or part thereof with books, paper, apparatus, or paraphernalia for the purpose of receiving, recording, or registering any bets or wagers, or to aid, assist, or abet in any manner whatsoever in any of the acts forbidden by this statute. 2. That nothing in this act shall be construed to prevent agricultural associations and riding and driving clubs or associations offering a purse or premium at such trials of speed of animals or beasts as may be held by them. 3. That any person or persons or association of persons, corporation or corporations violating the provisions of this act shall on conviction thereof be fined not less than one hundred dollars nor more than one thousand dollars, one-half of which shall be paid to the informer, and be imprisoned not less than six months nor more than one year in jail. Sec. 3818 d. Relating to the entry and riding or driving of horses at places where purses, premiums, or stakes are competed for.-Whoever for the purpose of competing for a purse, premium, or stake offered by any agricultural society or by any person or association in this state knowingly and designedly enters, rides, or drives any horse that is painted, stained, or in any way marked or disguised, or that is a different horse from the one which is purported to be entered, ridden, or driven, or knowingly and designedly for the purpose of competing for a purse, premium, or stake enters, rides, or drives a horse in a class to which it does not belong shall be punished by a fine not less than fifty dollars and not exceeding three hundred dollars or by imprisonment not less than thirty days and not exceeding six months. Sec. 3820. Keeper of ordinary, &c., permitting unlawful gaming at his house, &c.; how punished.—If a keeper of an ordinary, house of entertainment, or bar-room permit unlawful gaming at his house or at any out-house, booth, arbor, or other place appurtenant thereto or held therewith he shall be fined one hundred dollars and shall forfeit his license and give surety for his good behavior for one year, or in default of such surety be confined in jail not exceeding four months. Sec. 3827 a. To prohibit the use of trading stamps, trading checks, and similar gift enterprises, and providing a punishment for those who use them.-1. No person shall sell or offer for sale any article or merchandise of any description whatever with the promise, express or implied, to give or deliver or in any manner hold out the promise of gift or delivery of any ticket, check, metal or paper stamp, or other written or printed promise or assurane, express or implied, that the said ticket, check, metal or paper stamp, or written or printed promise or assurance may be used in payment or purchase of or exchange for any other articles of merchandise from any other person or corporation. 2. It shall not be unlawful for any merchant or manufacturer to place tickets or coupons in packages of goods sold or manufactured by him, such tickets or coupons to be redeemed by such merchant or manufacturer either in money or merchandise, whether such packages are sold directly to the consumer or through retail merchants; nor shall it be unlawful for any person to give out with such package tickets or coupons so given out by such merchant or manufacturer. 3. Any person violating the provisions of this act shall be guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars or be imprisoned in jail not exceeding six months or both, in the discretion of the justice or jury trying the offence. Amendment Sec. 3828. Merchants or keepers of inns, ordinaries, bar-rooms, As Amended 1897-8, p. 870. or distilleries, or other persons dealing in intoxicating liquors or Previous their employees selling, giving, or furnishing intoxicating liquors, 1895-6, p. 302. &c., to minors or certain students; how punished.-If any merchant or tradesman or the keeper of an inn, ordinary, bar-room, saloon, distillery, or any other person dealing in intoxicating liquors sell, barter, give, or furnish, or cause to be sold, bartered, given, or furnished, or if any other person shall sell or barter any spirituous or intoxicating or malt liquors of any kind to a minor or to any student of the public schools or other institutions of learning, or if any person directly or indirectly procure from any merchant, keeper of an inn, ordinary, bar-room, or distillery, or any other person dealing in intoxicating liquors any spirituous or intoxicating or malt liquors to be sold, bartered, given, or furnished to any such minor or student, and deliver or cause to be delivered the same to any such minor or student he shall be fined not less than twenty-five dollars nor more than three hundred dollars, and in the discretion of the court be confined in jail not exceeding six months, and the court shall require him to enter into a recognizance with security in a penalty not less than five hundred dollars to be of good behavior for one year. Any subsequent violation of this section shall be deemed a forfeiture of the recognizance. Sec. 3838. Attorney's fee; officers not allowed fees out of treasury As Amended 1889-90, p. 172. in such cases. -In every case of conviction for an offence under any preceding section of this chapter or under chapter twenty-five of the code of Virginia an attorney's fee of five dollars shall be taxed in the costs and paid by the defendant, and no attorney or officer shall be entitled to the payment of any fees out of the treasury for services rendered in a prosecution for such offence. Sec. 3840 a. Furnishing cigarettes or tobacco in any form or As Amended pistols, &c., to minors.-That if any person sell, barter, give, or furnish, Original Act 1893-4, p. 425. or cause to be sold, bartered, given, or furnished to any minor under six- 1889-90, p. 118. teen years of age cigarettes or tobacco in any form, or pistols or dirks or bowie-knives, having good cause to believe him or her to be a minor under sixteen years of age, said person shall be fined not less than ten nor more than one hundred dollars. CHAPTER CLXXXVIII. OF OFFENCES AGAINST THE ELECTION LAWS. Sec. 3846. Bar-rooms, &c., to be closed on election day.-All As Amended bar-rooms, saloons, and other places for the sale of intoxicating liquors in 1893-4, p. 572. the county, corporation, or district in which an election is held shall be closed from sunset on the day previous to that on which an election is begun until sunrise of the day after such election is concluded, except in the city of Bristol, Virginia, they shall be closed from sunrise on the day on which an election is begun until sunset of the said day. As Amended 1897-8, p. 895. 1895-6, p. 863. Extra Session 1887, p. 450. CHAPTER CLXXXIX. OF OFFENCES CONCERNING HIGHWAYS; OBSTRUCTIONS IN WATER COURSES; Sec. 3856. Killing trees near highways, injuring bridges, obstructing roads, or driving vehicle on sidewalk or, &c.; how punished.— If any person kill a tree within the distance of fifty feet of a road or so cut or injure it as to render it liable to fall and leave it standing, or knowingly and wilfully without lawful authority break down, destroy, or injure any bridge, bench, or log placed across a stream for the accommodation, or any sign board, mile stone, or post for the direction of travellers, or obstruct any road or any ditch made for the purpose of draining any such road, or wilfully ride any horse, mule, or other animal, or use a bicycle or drive any vehicle upon any sidewalk constructed along any highway through any unincorporated village he shall be fined not less than one dollar or more than one hundred dollars, and in the discretion of the court be confined in the county jail not exceeding sixty days. Sec. 3860 a. Prescribing how a person riding a bicycle shall pass a vehicle or person on horseback on the public highways and bridges, and providing penalties (preamble omitted).-Any person riding a bicycle who shall meet or overtake a vehicle or wagon or person on horseback on any public highway or bridge shall use all proper care in passing such vehicle or person on horseback to prevent the frightening of the horses that are being driven or ridden, and if said horse or horses appear to be frightened he or they shall dismount and stop in order to prevent accident from fright of the said horses. Any person violating the provisions of this act shall be fined not less than two nor more than five dollars and shall in addition be liable in civil action for such damages as may result from neglect or want of proper care. Sec. 3875. [Repealed. Acts 1893-'94, page 375.] Sec. 3877 a. For the protection of aids to navigation established by the authority of the United States light-house board within the state of Virginia. Any person or persons who shall moor any vessel or vessels of any kind or name whatsoever or any raft or any part of a raft to any buoy, beacon, or day mark placed in the waters of Virginia by authority of the United states light-house board, or shall in any manner hang on with any vessel or raft or any part of a raft to any such buoy, beacon, or day mark, or shall wilfully remove, damage, or destroy any such buoy, beacon, or day mark, or shall cut down, remove, damage, or destroy any beacon or beacons erected on land in this state by the authority of the said United States light-house board, or through unavoidable accident run down, drag from its position, or in any way injure any buoy, beacon, or day mark as aforesaid and shall fail to give notice as soon as practible of having done so to the light-house inspector of the district in which said buoy, beacon, or day mark may be located or to the collector of the port, or if in charge of a pilot to the collector of the port from which he comes, shall for every such offence 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 two hundred dollars or by imprisonment not to exceed three months or both, at the discretion of the court; one-third of the fine in each case shall be paid to the informer and two-thirds thereof to the light-house board to be used in repairing the said buoys and beacons. |