Chapter 61. CRIMES AND THEIR PUNISHMENT.

§1. Treason Defined; Degree of Proof.—Treason against the State shall consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.(Code 1849, c. 190, §1; Code 1860, c. 190, §1; Code 1868, c. 143, §1; Code 1923, c. 143, §1.)

§2. Punishment.—Whoever is guilty of treason against the State shall be punished with death, or, at the discretion of the jury, by confinement in the penitentiary not less than three nor more than ten years.(1864, c. 42, §2; Code 1868, c. 143, §2; Code 1923, c. 143, §2.)

§3. Failure to Give Information of Treason; Penalty.—If any person have any knowledge of treason against the State, and shall not, as soon as may be, give information thereof to the governor or some conservator of the peace, he shall be guilty of a felony, and, upon conviction, shall be fined not exceeding one thousand dollars, or by confinement in the penitentiary not less than one nor more than five years.(Code 1849, c. 190, §2; Code 1860, c. 190, §2; 1864, c. 42, §3; Code 1868, c. 143, §3; Code 1923, c. 143, §3.)

§4. Attempt to Justify or Uphold Invasion or Insurrection; Penalty.—If any person shall attempt to justify or uphold an armed invasion of this State, or an organized insurrection therein, by speaking, writing, or printing, or by publishing or circulating any written or printed document, or in any other way whatever, during the continuance of such invasion or insurrection, he shall be guilty of a misdemeanor, and, upon conviction, shall be fined not exceeding one thousand dollars, and be confined in jail not exceeding twelve months.(Code 1849, c. 190, §3; Code 1860, c. 190, §3; 1863, c. 13, §1; Code 1868, c. 143, §4; Code 1923, c. 143, §4.)

§5. Unlawful Speeches, Publications and Communications.—It shall be unlawful for any person to speak, print, publish or communicate, by language, sign, picture or otherwise, any teachings, doctrines or counsels in sympathy with or in favor of ideals, institutions or forms of government hostile, inimical or antagonistic to those now or hereafter existing under the Constitution and laws of this State or of the United States, or in sympathy with or in favor of the propriety, duty and necessity of crime, violence or other unlawful methods of terrorism, as a means of accomplishing economic or political reform, or in sympathy with or in favor of the overthrow of organized society, the unlawful destruction of property or the violation of law.(1919, c. 24, §1; Code 1923, c. 143, §5.)

§6. Display of Red or Black Flag Unlawful.—It shall be unlawful for any person to have in his possession or to display any red or black flag, or to display any other flag, emblem, device or sign of any nature whatever, indicating sympathy with or support of ideals, institutions or forms of government, hostile, inimical or antagonistic to the form or spirit of the Constitution, laws, ideals and institutions of this State or of the United States.(1919, c. 24, §2; Code 1923, c. 143, §6.)

§7. Penalty for Violations of Two Preceding Sections.—Any person violating any of the provisions of sections five and six of this article, shall, for the first offense, be guilty of a misdemeanor, and, upon conviction, shall be fined not less than one hundred nor more than five hundred dollars, or, in the discretion of the court, be imprisoned in the county jail not exceeding twelve months, or both; and, for the second offense, shall be guilty of a felony, and, upon conviction, shall be confined in the penitentiary not less than one nor more than five years.(1919, c. 24, §3; Code 1923, c. 143, §7.)

§8. Desecration of Flag; Penalty.—Any person who for exhibition or display shall place, or cause to be placed, any words, figures, marks, pictures, designs, drawings, or any advertisement of any nature, upon any flag, standard, color or ensign of the United States, or upon the state flag of this State, or shall expose or cause to be exposed to public view any such flag, standard, color or ensign, upon which shall have been printed, painted or otherwise placed, or to which shall be attached, appended, affixed or annexed, any words, figures, marks, pictures, designs, drawings, or any advertisement of any nature or kind, or who shall expose to public view, manufacture, sell, expose for sale, give away, or have in possession for sale or to give away, or for use for any purpose, any article or substance, being an article of merchandise or a receptacle of merchandise, or article or thing for carrying or transporting merchandise, upon which shall have been printed, painted, attached or otherwise placed, a representation of any such flag, standard, color or ensign, to advertise, call attention to, decorate, mark or distinguish the article or substance on which so placed, or who shall publicly mutilate, deface, defile or defy, trample upon or cast contempt, either by words or acts, upon any such flag, standard, color or ensign, he shall be deemed guilty of a misdemeanor, and, upon conviction, shall be fined not less than five nor more than one hundred dollars, and may, at the discretion of the court or justice trying the case, be confined in jail for a period not exceeding thirty days. Any justice of the peace of the county wherein the offense was committed shall have concurrent jurisdiction of such offense with the circuit or other courts of such county. The words “flag, standard, color or ensign of the United States,” as used in this section, shall be construed to include any flag, standard, color, ensign, or any representation or picture of a flag, standard, color or ensign, made of or upon any substance whatever, and of any size whatever, showing the national colors, the stars and stripes. This section shall not apply to any act permitted by the statutes of the United States, or of this State, or by the regulations of the United States army and navy, or of the national guard of this State, or of the members of the department of public safety; nor shall this section be construed to apply to the regular issue of a newspaper or other periodical, or to any book, certificate, diploma, warrant or commission, on which shall be printed said flag, disconnected from any advertisement, or to the vignette of any political ballot.(1915, c. 44; Code 1923, c. 18, §43a.)

§1. Murder; First and Second Degree Defined; Allegations in Indictment for Homicide.—Murder by poison, lying in wait, imprisonment, starving, or by any willful, deliberate and premeditated killing, or in the commission of, or attempt to commit, arson, rape, robbery or burglary, is murder of the first degree. All other murder is murder of the second degree.

In an indictment for murder and manslaughter, it shall not be necessary to set forth the manner in which, or the means by which, the death of the deceased was caused, but it shall be sufficient in every such indictment to charge that the defendant did feloniously, wilfully, maliciously, deliberately and unlawfully slay, kill and murder the deceased.(Code 1849, c. 191, §1; Code 1860, c. 191, §1; Code 1868, c. 144, §1; 1882, c. 118, §1; Code 1923, c. 144, §1.)

§2. Penalty for Murder of First Degree.—Murder of the first degree shall be punished with death, except as provided in article three, chapter sixty-two of this Code.(Code 1849, c. 191, §2; Code 1860, c. 191, §2; Code 1868, c. 144, §2; 1882, c. 118, §2; Code 1923, c. 144, §2.)

§3. Penalty for Murder of Second Degree.—Murder of the second degree shall be punished by confinement in the penitentiary not less than five nor more than eighteen years.(Code 1849, c. 191, §3; Code 1860, c. 191, §3; Code 1868, c. 144, §3; 1882, c. 118, §3; Code 1923, c. 144, §3.)

§4. Voluntary Manslaughter; Penalty.—Voluntary manslaughter shall be punished by confinement in the penitentiary not less than one nor more than five years.(Code 1849, c. 191, §4; Code 1860, c. 191, §4; Code 1868, c. 144, §4; 1882, c. 118, §4; Code 1923, c. 144, §4.)

§5. Involuntary Manslaughter; Penalty.—Involuntary manslaughter is a misdemeanor, and any person convicted thereof shall be confined in jail not to exceed one year, or fined not to exceed one thousand dollars, or both, in the discretion of the court.(Code 1849, c. 191, §5; Code 1860, c. 191, §5; Code 1868, c. 144, §5; 1882, c. 118, §5; Code 1923, c. 144, §5.)

§6. Homicide Punishable Within State if Injury Occurs Within and Death Without, or Vice Versa.—If any person be stricken, wounded or poisoned in, and die by reason thereof out of, this State, the offender shall be as guilty, and be prosecuted and punished, as if the death had occurred in the county in which the stroke, wound or poison was given or administered. And if any person be stricken, wounded or poisoned out of this State, and die by reason thereof within this State, the offender shall be as guilty, and may be prosecuted and punished, as if the mortal stroke or wound had been given, or poison administered, in the county in which the person so stricken, wounded or poisoned may so die.(Code 1849, c. 191, §6; Code 1860, c. 191, §6; Code 1868, c. 144, §6; 1882, c. 118, §6; Code 1923, c. 144, §6.)

§7. Attempt to Kill or Injure by Poison; Penalty.—If any person administer, or attempt to administer, any poison or other destructive thing in food, drink, medicine or otherwise, or poison any spring, well, reservoir, conduit or pipe of water, with intent to kill or injure another person, he shall be guilty of a felony, and, upon conviction, shall be confined in the penitentiary not less than three nor more than eighteen years.(Code 1849, c. 191, §7; Code 1860, c. 191, §7; Code 1868, c. 144, §7; 1882, c. 118, §7; Code 1923, c. 144, §7.)

§8. Abortion; Penalty.—Any person who shall administer to, or cause to be taken by, a woman, any drug or other thing, or use any means, with intent to destroy her unborn child, or to produce abortion or miscarriage, and shall thereby destroy such child, or produce such abortion or miscarriage, shall be guilty of a felony, and, upon conviction, shall be confined in the penitentiary not less than three nor more than ten years; and if such woman die by reason of such abortion performed upon her, such person shall be guilty of murder. No person, by reason of any act mentioned in this section, shall be punishable where such act is done in good faith, with the intention of saving the life of such woman or child.(Code 1849, c. 191, §8; Code 1860, c. 191, §8; Code 1868, c. 144, §8; 1882, c. 118, §8; Code 1923, c. 144, §8.)

§9. Malicious or Unlawful Assault; Penalty.—If any person maliciously shoot, stab, cut or wound any person, or by any means cause him bodily injury with intent to maim, disfigure, disable or kill, he shall, except where it is otherwise provided, be guilty of a felony, and, upon conviction, shall be punished by confinement in the penitentiary not less than two nor more than ten years. If such act be done unlawfully, but not maliciously, with the intent aforesaid, the offender shall be guilty of a felony, and, upon conviction, shall, in the discretion of the court, either 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.(Code 1849, c. 191, §9; Code 1860, c. 191, §9; Code 1868, c. 144, §9; 1882, c. 118, §9; Code 1923, c. 144, §9.)

§10. Assault During Commission of or Attempt to Commit a Felony; Penalty.—If any person in the commission of, or attempt to commit a felony, unlawfully shoot, stab, cut or wound another person, he shall be guilty of a felony, and, upon conviction, shall, in the discretion of the court, either be confined in the penitentiary not less than two nor more than ten years, or be confined in jail not exceeding one year and be fined not exceeding one thousand dollars.(Code 1849, c. 191, §10; Code 1860, c. 191, §10; Code 1868, c. 144, §10; 1882, c. 118, §10; Code 1923, c. 144, §10.)

§11. Unlawful Shooting at Another in Street, Alley or Public Resort; Penalty.—If any person unlawfully shoot at another person in any street or alley in a city, town or village, or in any place of public resort, he shall be guilty of a misdemeanor, and, upon conviction, shall be confined in jail not less than six months nor more than three years, and be fined not less than one hundred nor more than one thousand dollars.(Code 1849, c. 191, §11; Code 1860, c. 191, §11; Code 1868, c. 144, §11; 1882, c. 118, §11; Code 1923, c. 144, §11.)

§12. Robbery; Penalties.—If any person commit robbery by partial strangulation or suffocation, or by striking or beating, or by other violence to the person, or by the threat or presenting of firearms, or other deadly weapon or instrumentality whatsoever, he shall be guilty of a felony, and, upon conviction, shall be confined in the penitentiary not less than ten years. If any person commit a robbery in any other mode or by any other means, he shall be guilty of a felony, and, upon conviction, shall be confined in the penitentiary not less than five years.(Code 1849, c. 191, §12; Code 1860, c. 191, §12; Code 1868, c. 144, §12; 1882, c. 118, §12; Code 1923, c. 144, §12.)

§13. Extortion or Attempted Extortion by Threats; Penalties.—If any person threaten injury to the character, person or property of another person, or to the character, person or property of his wife or child, or to accuse him or them or any one of them of any offense, and thereby extort money, pecuniary benefit, or any bond, note or other evidence of debt, he shall be guilty of a felony, and, upon conviction, shall be confined in the penitentiary not less than one nor more than five years. And if any person make such threat of injury or accusation of an offense as herein set forth, but fail thereby to extort money, pecuniary benefit, or any bond, note or other evidence of debt, he shall be guilty of a misdemeanor, and, upon conviction, shall be confined in jail not less than two nor more than twelve months and fined not less than fifty nor more than five hundred dollars.(Code 1849, c. 191, §13; Code 1860, c. 191, §13; Code 1868, c. 144, §13; 1882, c. 118, §13; Code 1923, c. 144, §13.)

§14. Abduction of Female; Kidnapping or Concealing Child; Penalties.—If any person take away, or detain against her will, a female person, with intent to marry or defile her, or to cause her to be married or defiled by another person; or take away from any person having lawful charge of her a female child under the age of sixteen years, for the purpose of prostitution or concubinage; or if any person seize, take or secrete a child under the age of sixteen years from the person having lawful charge of such child, with intent to extort money or other pecuniary benefit, he shall be guilty of a felony, and, upon conviction, shall be confined in the penitentiary not less than three nor more than ten years. And if any person, other than the father or mother, illegally, or for any unlawful, improper or immoral purpose, seize, take or secrete a child under sixteen years of age, from the person or persons having lawful charge of such child, he shall be guilty of a felony, and, upon conviction, shall be confined in the penitentiary not less than one nor more than five years, or, in the discretion of the court, be confined in jail not exceeding one year and be fined not exceeding one thousand dollars.(Code 1849, c. 191, §§14, 16; Code 1860, c. 191, §§14, 16, 18; Code 1868, c. 144, §§14, 16; 1882, c. 118, §§14, 16; 1901, c. 101; 1905, c. 74; Code 1923, c. 144, §§14, 16.)

§15. Rape; Age of Consent; Carnal Knowlededge of Male Person; Penalties.—If any male person carnally know a female person, not his wife, against her will by force, or if any male person over the age of sixteen years carnally know a female person of previous chaste character, not his wife, under that age, he shall be guilty of a felony, and, upon conviction, shall be punished with death or with confinement in the penitentiary for life, in the discretion of the court, or, if the jury add to its verdict a recommendation for mercy, with confinement in the penitentiary for not less than five nor more than twenty years: Provided, That this section shall not apply to any male person under sixteen years of age who carnally knows a female over twelve years of age with her free consent. Any female person over the age of sixteen years who shall carnally know any male person, not her husband, under that age shall be guilty of a misdemeanor, and, upon conviction, shall be confined in the county jail not less than two nor more than six months.(Code 1849, c. 191, §15; Code 1860, c. 191, §15; Code 1868, c. 144, §15; 1882, c. 118, §15; 1901, c. 101; 1921, c. 90; Code 1923, c. 144, §15.)

§16. Injury to Passenger by Person in Charge of Public Conveyance or Boat; Penalty.—If any driver, conductor, motorman, captain or other person in charge of any vehicle or boat, driven by steam, electricity, gasoline or other motive power and used for public conveyance, shall, in the management of such vehicle or boat, willfully or negligently inflict bodily injury on any person, he shall be guilty of a misdemeanor, and, upon conviction, shall be confined in jail not less than two nor more than six months, or be fined not exceeding five hundred dollars, or both.(Code 1849, c. 191, §18; Code 1860, c. 191, §18; Code 1868, c. 144, §17; 1882, c. 118, §17; Code 1923, c. 144, §17.)

§17. Keeping Doors of Vehicles for Hire Locked While in Motion; Penalty.—If any railroad company, or person, firm or corporation operating passenger cars or vehicles, driven by steam, electricity, gasoline or otherwise, for hire and public conveyance, in which passengers are being conveyed, shall keep any or all of the doors of such cars or vehicles locked while such cars or vehicles are in motion, it shall be guilty of a misdemeanor, and, upon conviction, shall be fined not exceeding five hundred dollars. The agent, conductor, motorman or other person in charge of such cars or vehicles, shall be liable criminally for a violation of the foregoing provision, and shall be guilty of a misdemeanor, and, upon conviction, shall be fined not exceeding one thousand dollars and imprisoned not exceeding one year.(1865, c. 88; Code 1868, c. 144, §18; 1882, c. 118, §18; Code 1923, c. 144, §18.)

§18. Murder in Dueling; Death Without State.—If any person fight a duel in this State, and in so doing inflict a mortal wound, he shall be deemed guilty of murder. And if any person resident in this State, by previous agreement made within the same, fight a duel without the State, and in so doing inflict a mortal wound, he shall be deemed guilty of murder in this State.(Code 1849, c. 191, §19; Code 1860, c. 191, §19; Code 1868, c. 144, §19; 1882, c. 118, §19; Code 1923, c. 144, §19.)

§19. Second in Dueling Accessory Before the Fact.—If any person resident in this State, by like arrangement, be the second of either party in such duel as is mentioned in the preceding section and be present at such duel when such mortal wound is inflicted, he shall be deemed an accessory before the fact to the crime of murder in this State.(Code 1849, c. 191, §20; Code 1860, c. 191, §20; Code 1868, c. 144, §20; 1882, c. 118, §20; Code 1923, c. 144, §20.)

§20. Jurisdiction of Crime of Dueling.—An offender under either of the two preceding sections may be prosecuted in the county in which the death occurs, if it occur within the State; and if not, in any county in which the offender may be found.(Code 1849, c. 191, §21; Code 1860, c. 191, §21; Code 1868, c. 144, §21; 1882, c. 118, §21; Code 1923, c. 144, §21.)

§21. Dueling Without Ensuing Death; Challenge; Aiding, Advising or Promoting Duel; Penalty.—If any person fight a duel, though no death ensue, or send or deliver to another a challenge, or message intended to be a challenge, oral or written, to fight a duel, though no duel ensue, and if any person accept or knowingly carry or deliver any such challenge or message, or advise, encourage or promote such duel, he shall be guilty of a misdemeanor, and, upon conviction, shall be confined in jail not more than one year and fined not exceeding one thousand dollars.(Code 1849, c. 191, §§22, 23; Code 1860, c. 191, §§22, 23; Code 1868, c. 144, §§22, 23; 1882, c. 118, §§22, 23; Code 1923, c. 144, §§22, 23.)

§22. Dueling Out of State by a Resident; Penalty.—If any person, a resident of this State, leave the same for the purpose of eluding any provision of this article respecting dueling or challenges to fight, and without the State engage in a duel (though no death ensue), or challenge another, or send or deliver a message intended to be a challenge to fight such duel, or accept or knowingly carry or deliver any such challenge or message, or be present at the fighting of such duel as an aid, second or surgeon, or advise, encourage or promote such duel, he shall be deemed as guilty and subject to the like punishment as if the offense had been committed in this State.(Code 1849, c. 191, §24; Code 1860, c. 191, §24; Code 1868, c. 144, §24; 1882, c. 118, §24; Code 1923, c. 144, §24.)

§23. Plea of Former Jeopardy in Prosecution for Dueling.—Any person indicted in this State under the eighteenth, nineteenth, twentieth or twenty-second sections of this article may plead his conviction or acquittal of the same offense, when committed in another state, in bar of such indictment.(Code 1849, c. 191. §25; Code 1860, c. 191, §25; Code 1868, c. 144, §25; 1882, c. 118, §25; Code 1923, c. 144, §25.)

§24. Taunting for Nonparticipation in Duel; Penalty.—If any person post another, or in writing or in print use any reproachful or contemptuous language to or concerning another, for not fighting a duel, or for not sending or accepting a challenge, he shall be guilty of a misdemeanor, and, upon conviction, shall be confined in jail not more than six months, or fined not exceeding one hundred dollars.(Code 1849, c. 191, §26; Code 1860, c. 191, §26; Code 1868, c. 144, §26; 1882, c. 118, §26; Code 1923, c. 144, §26.)

§25. Warrant and Recognizance in Dueling Cases.—If any judge or justice have good cause to suspect that any persons are about to be engaged in a duel, he may issue his warrant to bring them before him, and if he think proper to take from them a recognizance to keep the peace, he shall insert therein a condition that they will not, during the time for which they may be bound, be concerned in a duel, directly or indirectly.(Code 1849, c. 191, §27; Code 1860, c. 191, §27; Code 1868, c. 144, §27; 1882, c. 118, §27; Code 1923, c. 144, §27.)

§26. Prize Fighting; Penalties.—Any person who shall voluntarily engage in a prize fight or a pugilistic encounter with another person, for money or for other things of value, or for any championship, or to see which any admission fee is charged, either directly or indirectly, in this State, shall be deemed guilty of a felony, and, upon conviction, shall be fined not more than one thousand dollars, and imprisoned in the penitentiary not less than one nor more than ten years. If any person act as second, or trainer, or timekeeper, or referee, or umpire, to any person or persons so fighting, or if any person assist, or in any way abet another to fight a prize fight, or to engage in a pugilistic encounter in this State, he shall be deemed guilty of a felony, and, upon conviction thereof, shall be fined not more than five hundred dollars, and be imprisoned, in the penitentiary not less than one nor more than five years. If any person come into this State for the purpose of fighting or intending to fight a prize fight, or engage in a pugilistic encounter therein, or for the purpose of aiding as second to, or abetting, or of training, or in any way aiding or abetting another to fight a prize fight, or to engage in a pugilistic encounter, he shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than three hundred dollars, or confined in the county jail not exceeding one year, or both, at the discretion of the court. By the term “prize fight or pugilistic encounter,” as used in this section, is meant any voluntary fight or personal encounter by blows, by means of the fists or otherwise, whether with or without gloves, between two men for money, or for a prize of any character, or for any championship, or for anything of value, or upon the result of which any money or other thing of value is bet or wagered with the knowledge or for the benefit of the parties engaged in the fight or pugilistic encounter, or for which any admssion fee is charged, either directly or indirectly. Upon complaint, verified by affidavit before any justice of the peace or notary public, or mayor of any village, town or city, that the affiant has knowledge or information and believes that any person or persons are about to engage in a prize fight or pugilistic encounter in this State, or to come into this State for any of the purposes mentioned in this section, such justice of the peace or notary public, or mayor of any village, town or city, shall issue his warrant, directed to the sheriff or any constable of his county, requiring him to arrest and bring such person before any justice of the county, and thereupon the same proceedings shall be had as in other cases of persons charged with an offense, under article one, chapter sixty-two of this Code. But nothing in this section contained shall be construed to render unlawful a boxing or sparring contest in any gymnasium or athletic club, when such boxing or sparring contest is not for money or other thing of value and no admission fee is charged to see the same.(1872-3, c. 50; 1883, c. 4, §§1, 2, 3; 1901, c. 100; Code 1923, c. 144, §27a.)

§1. Arson; Burning or Destruction, in Night-time, of Building, Car or Boat in Which Persons Usually Dwell, Lodge or Travel; Murder in the Commission Thereof; Building Containing Live Stock; Penalties.—If any person, in the night-time, maliciously burn, or, by the use of dynamite, nitroglycerine, or other explosive or inflammable chemical or substance, maliciously destroy, in whole or in part, the dwelling house of another, or any jail or prison, or any hotel, asylum, hospital, or other building in which persons usually dwell or lodge, or any railroad car, boat, or other car or vessel, or tent or temporary dwelling, in which persons usually travel, dwell or lodge, or maliciously set fire to or destroy or partially destroy anything, by the burning or the total or partial destruction whereof such dwelling house, jail, prison, hotel, asylum, hospital, or other building, or railroad car, boat, or other car or vessel, or tent or temporary dwelling, shall be burned or destroyed in the night-time, he shall be guilty of a felony, and, upon conviction thereof, shall be punished with death, or, in the discretion of the jury, by confinement in the penitentiary not less than ten nor more than twenty years; and if death ensues from such burning or destruction, such offender shall be deemed guilty of murder and punished with death, or, in the discretion of the jury, by confinement in the penitentiary during his life; but if the jury find that at the time of committing the offense there was no person in such dwelling house, jail, prison, hotel, asylum, hospital, or other building, or in such railroad car, boat, or other car or vessel, or tent or temporary dwelling house, the offender shall be punished by confinement in the penitentary not less than five nor more than twenty years. And if any person in the nighttime maliciously burn, or, by the use of dynamite, nitroglycerine, or other explosive or inflammable chemical or substance, destroy any barn, stable, shed or other building containing live stock, the live stock being in the building at the time of such burning or destruction, he shall be guilty of a felony, and, upon conviction, shall be confined in the penitentiary not less than three nor more than ten years.(Code 1849, c. 192, §1; Code 1860, c. 192, §1; Code 1868, c. 145, §1; 1911, c. 52; Code 1923, c. 145, §1.)

§2. Arson; Burning or Destruction, in Daytime, of Building, Car or Boat in Which Persons Usually Dwell, Lodge or Travel; Injuries Occasioned Thereby; Penalties.—If any person, in the daytime, maliciously burn, or, by the use of dynamite, nitroglycerine, or other explosive or inflammable chemical or substance, maliciously destroy, in whole or in part, the dwelling house of another, or any jail or prison, or any hotel, asylum, hospital, or other building in which persons usually dwell or lodge, or any railroad car, boat, or other car or vessel, or tent or temporary dwelling, in which persons usually travel, dwell or lodge, or maliciously set fire to or destroy or partially destroy anything, by the burning or the total or partial destruction whereof such dwelling house, jail, prison, hotel, asylum, hospital, or other building, or railroad car, boat, or other car or vessel, or tent or temporary dwelling, shall be burned or destroyed, he shall be guilty of a felony, and, upon conviction, shall be confined in the penitentiary not less than three nor more than ten years. And if, by the burning or destruction, in whole or in part, in the daytime, of such dwelling house, jail, prison, hotel, asylum, hospital, or other building, or railroad car, boat, or other car or vessel, or tent or temporary dwelling, any occupant or other person be burned or injured as a direct result of such burning or destruction in whole or in part, the offender shall be guilty of a felony, and, upon conviction, shall be confined in the penitentiary not less than one nor more than thirty years.(Code 1849, c. 192, §2; Code 1860, c. 192, §2; Code 1868, c. 145, §2; Code 1923, c. 145, §2.)

§3. Outhouse as Part of Dwelling.—No outhouse, not adjoining a dwelling house, nor under the same roof (although within the curtilage thereof) shall be deemed parcel of such dwelling house within the meaning of this article, unless some person usually lodge therein at night.(Code 1849, c. 192, §3; Code 1860, c. 192, §3; Code 1868, c. 145, §3; Code 1923, c. 145, §3.)

§4. Arson; Burning or Destruction of Public Buildings, School and College Buildings, Banks, Factories and Mills; Penalties.—If any person maliciously burn, or, by the use of dynamite, nitroglycerine or other explosive or inflammable chemical or substance, maliciously destroy, in whole or in part, any meeting house, courthouse, town hall, school, college, academy or other building erected or used for public purposes (except a jail or prison), or any banking house, warehouse, storehouse, depot, factory or mill, of another person, not usually occupied by persons lodging therein at night, or if he maliciously set fire to, or, by the use of such explosive or inflammable chemical or substance, set fire to or destroy or partially destroy anything, by the burning or the total or partial destruction whereof any building mentioned in this section shall be burned or destroyed, he shall be guilty of a felony, and, upon conviction thereof, when such building be of the value of one thousand dollars or more, shall be confined in the penitentiary not less than three nor more than ten years; and, when it is of less value than one thousand dollars, shall be confined in the penitentiary not less than one nor more than five years.(Code 1849, c. 192, §4; Code 1860, c. 192, §4; Code 1868, c. 145, §4; 1899, c. 3; Code 1923, c. 145, §4.)

§5. Arson; Burning Barn, Grain, Coal, Lumber or Motor Vehicle; Penalties.—If any person maliciously burn any barn, stable, cow house or tobacco house; or any barrack, cock, crib, rick or stack of hay, corn, wheat, oats, barley or other grain or vegetable product of any kind; or any field of standing hay or grain of any kind; or any pile of coal, wood or other fuel; or any pile of planks, boards, posts, rails or other lumber; or any automobile or other motor vehicle; or any other personal property of the value of twenty-five dollars or more, the property of another person, not otherwise covered in sections one to ten, inclusive, of this article; he shall be guilty of a felony, and, upon conviction thereof, if the thing burned with the property therein be of the value of one hundred dollars or more, he shall be confined in the penitentiary not less than one nor more than ten years; and if it be of less value, he shall be confined in the penitentiary not less than one nor more than three years, or, in the discretion of the court, be confined in jail not more than one year and fined not exceeding five hundred dollars: Provided, That if live stock be burned in the daytime with such barn or other structure, the offender shall be punished by confinement in the penitentiary not less than one nor more than ten years.(Code 1849, c. 192, §5; Code 1860, c. 192, §5; Code 1868, c. 145, §5; 1882, c. 148; Code 1923, c. 145, §5; 1929, c. 45, §3.)

§6. Arson; Burning or Destruction of Other Building or Structure; Penalties.—If any person maliciously burn, or, by the use of dynamite, nitroglycerine, or other explosive or inflammable chemical or substance, maliciously destroy, in whole or in part, any building or structure, the burning or destruction whereof in whole or in part is not punishable under any other section of this article, he shall be guilty of a felony, and, upon conviction thereof, if the building or structure, with the property therein or thereon, be of the value of one hundred dollars or more, he shall be confined in the penitentiary not less than one nor more than ten years; and if the building or structure be of less value than one hundred dollars, he shall be so confined not less than one nor more than five years, or, in the discretion of the court, be confined in jail not more than one year and be fined not exceeding five hundred dollars.(Code 1849, c. 192, §6; Code 1860, c. 192, §6; Code 1868, c. 145, §6; 1882, c. 148; Code 1923, c. 145, §6.)

§7. Arson; Burning or Destruction of Bridges, Locks, Dams, and Certain Boats and Vessels; Penalties.—If any person maliciously burn, or, by the use of dynamite, nitroglycerine, or other explosive or inflammable chemical or substance, maliciously destroy, in whole or in part, any bridge, lock or dam, or any boat or other vessel not covered in sections one and two of this article, he shall be guilty of a felony, and, upon conviction thereof, if the thing burned or destroyed be of the value of one hundred dollars or more, he shall be confined in the penitentiary not less than one nor more than ten years; and if the value be less than one hundred dollars, he shall be so confined not less than one nor more than five years, or, in the discretion of the court, be confined in jail not exceeding one year and fined not exceeding five hundred dollars.(Code 1849, c. 192, §7; Code 1860, c. 192, §7; Code 1868, c. 145, §7; 1882, c. 148; Code 1923, c. 145, §7.)

§8. Unlawfully and Maliciously Setting Fire to Woods, Fences, Grass or Straw; Penalty; Liability for Damages.—If any person unlawfully and maliciously set fire to any woods, fence, grass, straw, or other thing capable of spreading fire on lands, he shall be guilty of a misdemeanor, and, upon conviction, shall be fined not exceeding five hundred dollars and confined in jail not less than two nor more than twelve months. He shall, moreover, be liable to any person, firm or corporation injured thereby, or in consequence thereof, for double the amount of damages sustained by such person, firm or corporation.[Code 1849, c. 192, §8; Code 1860, c. 192, §8; Code 1868, c. 145, §8; 1882, c. 148; 1921, c. 116, §30(c); Code 1923, c. 62, §30(c), c. 145, §8; 1925, c. 65, §30(c).]

§9. Unlawful and Negligent Fires in Like Cases; Penalty.—Any act mentioned in the next preceding section committed unlawfully or negligently, but not willfully or maliciously, is a misdemeanor, and any person convicted therefor shall be confined in jail not exceeding three months, or fined not exceeding one hundred dollars, or both, in the discretion of the court, and shall, moreover, be liable to any person, firm or corporation injured thereby, or in consequence thereof, for all such damages as may be sustained by such person, firm or corporation.[Code 1849, c. 192, §9; Code 1860, c. 192, §9; Code 1868, c. 145, §9; 1882, c. 148; 1921, c. 116, §30(c); Code 1923, c. 62, §30(c), c. 145, §9; 1925, c. 65, §30(c).]

§10. Burning Insured Property; Penalty.—If any person willfully burn any building or structure, or any goods or chattels, which shall be at the time insured against loss or damage by fire, with intent to injure or defraud the insurer, whether such person be the owner of the property or not, he shall be guilty of a felony, and, upon conviction, be confined in the penitentiary not less than one nor more than ten years.(Code 1849, c. 192, §10; Code 1860, c. 192, §10; Code 1868, c. 145, §10; Code 1923, c. 145, §10; 1925, c. 45, §4.)

§11. Burglary; Entry of Dwelling or Outhouse; Penalties.—Burglary shall be a felony and any person convicted thereof shall be confined in the penitentiary not less than one nor more than fifteen years.

If any person shall, in the nighttime, break and enter, or enter without breaking, or shall, in the daytime, break and enter, the dwelling house, or an outhouse adjoining thereto or occupied therewith, of another, with the intent to commit a felony or any larceny therein, he shall be deemed guilty of burglary.

If any person shall, in the daytime, enter without breaking a dwelling house, or an outhouse adjoining thereto or occupied therewith, of another, with intent to commit a felony or any larceny, he shall be deemed guilty of a felony, and, upon conviction, shall be confined in the penitentiary not less than one nor more than ten years.(Code 1849, c. 192, §11; Code 1860, c. 192, §11; Code 1868, c. 145, §11; 1885, c. 23; Code 1923, c. 145, §11.)

§12. Entry of Building Other Than Dwelling; Entry of Railroad, Traction or Motor Car, Steamboat or Other Vessel; Penalties; Counts in Indictment.—If any person shall, at any time, break and enter, or shall enter without breaking, any office, shop, storehouse, warehouse, banking house, or any house or building, other than a dwelling house or outhouse adjoining thereto or occupied therewith, or any railroad or traction car, propelled by steam, electricity or otherwise, or any steamboat or other boat or vessel, within the jurisdiction of any county in this State, with intent to commit a felony or any larceny, he shall be deemed guilty of a felony, and, upon conviction, shall be confined in the penitentiary not less than one nor more than ten years. And if any person shall, at any time, break and enter, or shall enter without breaking, any automobile, motor car or bus, with like intent, within the jurisdiction of any county in this State, he shall be guilty of a misdemeanor, and, upon conviction, shall be confined in the county jail not less than two nor more than twelve months and be fined not exceeding one hundred dollars.

An indictment for burglary may contain one or more counts for breaking and entering, or for entering without breaking, the house or building mentioned in the count for burglary under the provisions of this and the preceding section.(Code 1849, c. 192, §§12, 13; Code 1860, c. 192, §§12, 13; Code 1868, c. 145, §§12, 13; 1882, c. 148; 1885, c. 23; 1891, c. 98; Code 1923, c. 145, §§12, 13.)

§13. Grand and Petit Larceny Distinguished; Penalties.—If any person commit simple larceny of goods or chattels, he shall, if they be of the value of twenty dollars or more, be deemed guilty of grand larceny, and, upon conviction thereof, shall be confined in the penitentiary not less than one nor more than ten years; and if they be of less value, he shall be deemed guilty of petit larceny, and, upon conviction thereof, be confined in jail not exceeding one year.(Code 1849, c. 192, §14; Code 1860, c. 192, §14; Code 1868, c. 145, §14; Code 1923, c. 145, §14.)

§14. Larceny of Bank Notes, Checks, Writings of Value and Book Accounts; Penalty.—If any person steal any bank note, check, or other writing or paper of value, or any book of accounts for or concerning money or goods due or to be delivered, he shall be deemed guilty of the larceny thereof, and receive the same punishment, according to the value of the article stolen, that is prescribed for the punishment of larceny of goods or chattels.(Code 1849, c. 192, §15; Code 1860, c. 192, §15; Code 1868, c. 145, §15; Code 1923, c. 145, §15.)

§15. How Value of Notes, Book Accounts and Other Writings Determined.—In a prosecution under the preceding section, the money due on or secured by the writing, paper or book, and remaining unsatisfied, or which in any event might be collected thereon, or the value of the property or money affected thereby, shall be deemed to be the value of the article stolen.(Code 1849, c. 192, §16; Code 1860, c. 192, §16; Code 1868, c. 145, §16; Code 1923, c. 145, §16.)

§16. Larceny of Things Savoring of Realty.—Things which savor of the realty, and are at the time they are taken part of the freehold, whether they be of the substance or produce thereof, or affixed thereto, shall be deemed goods and chattels, of which larceny may be committed, although there be no interval between the severing and taking away.(Code 1849, c. 192, §17; Code 1860, c. 192, §17; Code 1868, c. 145, §17; Code 1923, c. 145, §17.)

§17. Larceny of Skiff, Boat, Timber and Appliances; Penalty.—If any person unlawfully take and carry away or convert to his own use any skiff, boat or timber, whether the same be afloat or not, or if any person buy or receive from another person, or aid in concealing, any stolen rope, line fastening, connection or other appliances or device used to tie, moor, attach or fasten floating craft, timber or other material to a bank of any stream, knowing or having cause to believe the same to have been stolen, he shall be deemed guilty of the larceny thereof, and if the value thereof exceed ten dollars, he shall be guilty of a felony, and, upon conviction, shall be confined in the penitentiary not less than one nor more than five years; and if the value be less than ten dollars, he shall be deemed guilty of a misdemeanor, and be punished as in other cases of petit larceny. Any person so receiving such property, knowing or having cause to believe the same to be stolen, may be prosecuted although the principal offender be not convicted.(Code 1868, c. 145, §29; 1882, c. 148, §29; 1911, c. 42; Code 1923, c. 145, §29.)

§18. Receiving or Transferring Stolen Goods.—If any person buy or receive from another person, or aid in concealing, or transfer to a person other than the owner thereof, any stolen goods or other thing of value, which he knows or has reason to believe has been stolen, he shall be deemed guilty of the larceny thereof, and may be prosecuted, although the principal offender be not convicted.(Code 1849, c. 192, §19; Code 1860, c. 192, §20; Code 1868, c. 145, §18; Code 1923, c. 145, §18.)

§19. Bringing Into This State, Receiving or Disposing of Property Stolen in Another State; Penalty.—If any person shall bring into this State, or shall receive, convert to his own use, or sell, property of any character, of value, which was stolen in another state, and which he knows or has reason to believe was stolen, he shall be deemed guilty of the larceny thereof in the county in which such property may be found, used, converted or sold, and may be prosecuted for such offense therein, and, upon conviction, shall be punished as provided for the offense of larceny committed within this State.

§20. Embezzlement.—If any officer, agent, clerk or servant of this State, or of any county, district, school district, or municipal corporation, or of any banking institution, or other corporation, or any officer of public trust in this State, or any agent, clerk or servant of any firm or person, or company or association of persons not incorporated, embezzle or fraudulently convert to his own use, bullion, money, bank notes, drafts, security for money, or any effects or property of any other person, which shall have come into his possession, or been placed under his care or management, by virtue of his office, place of employment, he shall be guilty of the larceny thereof. If such guilty person be an officer, agent, clerk or servant of any banking institution, he shall be guilty of a felony, and, upon conviction thereof, shall be imprisoned in the penitentiary not less than ten years. And it shall not be necessary to describe in the indictment, or to identify upon the trial, the particular bullion, money, bank note, draft or security for money which is so taken, converted to his own use, or embezzled by him. In the prosecution of any such officer, agent, clerk or servant, charged with such embezzlement, fraudulent conversion or larceny, if it appear that the possession of such bullion, money, bank notes, drafts, security for money, or other property, is unlawfully withheld by such officer, agent, clerk or servant from the person or persons entitled thereto, and that such officer, agent, clerk or servant has failed or refused to restore or account for such bullion, money, bank notes, drafts, security for money, or other property, within thirty days after proper demand has been made therefor, such accused officer, agent, clerk or servant shall be presumed to be guilty of such offense; but the accused may rebut such presumption by disproving any such facts, or by other competent testimony germane to the issue, upon the trial.

And whenever any officer, agent, clerk or servant of this State, or of any county, district, school district, or municipal corporation, shall appropriate or use for his own benefit, or for the benefit of any other person, any bullion, money, bank notes, drafts, security for money, or funds, belonging to this State or to any such county, district, school district or municipal corporation, he shall be held to have embezzled the same, and be guilty of the larceny thereof. In the prosecution of any such officer, agent, clerk or servant of this State or of any county, district, school district, or municipal corporation, charged with appropriation or use for his own benefit or the benefit of any other person, any bullion, money, bank notes, drafts, security for money, or funds, belonging to this State or to any county, district, school district or municipal corporation, it shall not be necessary to describe in the indictment, or to identify upon the trial, the particular bullion, money, bank notes, drafts, security for money, or funds, appropriated or used for his own benefit or for the benefit of any other person. The failure of any such officer, clerk or servant to account for or pay over, as required by law, any such bullion, money, bank notes, drafts, security for money, or funds, shall be prima facie evidence that he has so appropriated or used the same for his own benefit or for the benefit of such other person.(Code 1849, c. 192, §20; Code 1860, c. 192, §21; Code 1868, c. 145, §19; 1881, c. 22; 1903, c. 18; Code 1923, c. 145, §19; 1929, c. 23, §29.)

§21. Embezzlement by Carrier or Other Person.—If any carrier or other person to whom money or other property which may be the subject of larceny may be delivered to be carried for hire, or if any other person who may be intrusted with such property, embezzle or fraudulently convert to his own use, or secrete with intent to do so, any such property, either in mass or otherwise, before delivery thereof at the place at which, or to the person to whom, they were to be delivered, he shall be deemed guilty of the larceny thereof.(Code 1849, c. 192, §21; Code 1860, c. 192, §22; Code 1868, c. 145, §21; Code 1923, c. 145, §20.)

§22. Falsifying Accounts; Penalty.—If any officer, clerk or agent of this State, or of any county, district, school district or municipal corporation thereof, or of any banking institution or incorporated company, or any clerk or agent of any firm or person or association of persons not incorporated, make, alter or omit to make any entry in any book of account of, or in any account kept by such State, county, district, school district, municipal corporation, banking institution, incorporated company, firm or person, or association of persons, or mutilate, destroy or conceal any such account or book of accounts, with intent in so doing to conceal the true state of any account, or to defraud the State or any county, district, school district, municipal corporation, banking institution, company, firm or person, or with intent to enable or assist any person to obtain money to which he was not entitled, such officer, clerk or agent shall be guilty of a felony, and, upon conviction, shall be confined in the penitentiary not less than one nor more than ten years.(Code 1849, c. 192, §22; Code 1860, c. 192, §23; Code 1868, c. 145, §21; 1881, c. 22; Code 1923, c. 145, §21.)

§23. Destroying or Concealing Will; Embezzlement by Fiduciary; Penalty.—If any person fraudulently destroy or conceal any will or codicil, with intent to prevent the probate thereof, he shall be guilty of a felony, and, upon conviction, be confined in the penitentiary not less than one nor more than five years. If any guardian, personal representative, or other fiduciary, shall willfully and knowingly fail to make and return an inventory of any personal property (of which an inventory is required by law to be made) which may come to his hands as such, or willfully and knowingly fail or refuse to produce any such property for appraisement in the manner required by law, or willfully and knowingly conceal or embezzle any such property, he shall be guilty of the larceny thereof; and the failure of any such guardian, personal representative or other fiduciary to account for and pay over or deliver, when directed by the court, as required by law, any money, bullion, bank notes or other property, determined by the proper officer or court to be due and payable, shall be prima facie evidence that such guardian, personal representative or other fiduciary has embezzled the same.(Code 1849, c. 192, §29; Code 1860, c. 192, §48; Code 1868, c. 145, §22; 1903, c. 18; Code 1923, c. 145, §22.)

§24. Obtaining Money and Property by False Pretenses; Disposing of Property to Defraud Creditors; Penalties.—If any person obtain from another, by any false pretense, token or representation, with intent to defraud, money, goods or other property which may be the subject of larceny, or, if he obtain from another any money, goods or other property, which may be the subject of larceny, on credit, by representing that there is money due him, or to become due him, and shall assign his claim for such money, in writing, to the person from whom he shall obtain such money, goods or other property, and shall afterwards collect the same without the consent of such assignee, with intent to defraud, he shall, in either case, be deemed guilty of larceny; or if any person obtain by any false pretense, token or representation, with intent to defraud, the signature of any other person to a writing, the false making whereof would be forgery; every person so offending against any of the provisions of this section shall be guilty of a felony, and, upon conviction, shall be confined in the penitentiary not less than one nor more than five years, or, in the discretion of the court, be confined in jail not more than one year and be fined not exceeding five hundred dollars. And any person who shall remove any of his property out of any county with intent to prevent the same from being levied upon by any execution, or who shall secrete, assign or convey, or otherwise dispose of any of his property with intent to defraud any creditor or prevent such property being made liable for payment of his debts, and any person who shall receive such property, with such intent, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than twenty-five nor more than one thousand dollars and be imprisoned in the county jail not exceeding one year. And when the property so removed, secreted, concealed, assigned, conveyed, received or otherwise disposed of, shall be worth fifty dollars or less, such offense shall be tried by a justice of the peace in the mode prescribed for the trial of other criminal offenses by a justice: Provided, That upon conviction for such offense before a justice of the peace the person so convicted shall be fined not exceeding fifty dollars and confined in the county jail not exceeding thirty days. But nothing in this section contained shall prevent any creditor from proceeding against any such fraudulent debtor as provided in article five, chapter thirty-eight, and in article seven, chapter fifty-three of this Code, or of any other remedy in equity or at law now existing.(Code 1849, c. 192, §30; Code 1860, c. 192, §49; Code 1868, c. 145, §23; 1882, c. 148; 1899, c. 98; 1901, c. 99; Code 1923, c. 145, §23.)

§25. Casting Away, Destroying or Interfering With Floating Craft or Material; Penalty.—If any person willfully cast away or otherwise destroy any vessel within any county with intent to injure or defraud any owner thereof, or any owner of any property on board the same, or insurer of such a vessel or property, or any part thereof, he shall be deemed guilty of a felony, and, upon conviction thereof, shall be confined in the penitentiary of this State not less than one nor more than five years; or, if any person take, carry away, remove, injure, destroy, break, cut, detach, untie, loosen, impair, weaken, or otherwise interfere with any rope, line, fastening, connecting or other appliance used to tie, moor, attach or fasten to a bank of any stream, any floating craft, lumber, timber or material, the property of another, with intent to injure, defraud or damage such other person, or to cause such floating craft, lumber, timber or material to become adrift, or to float away, without the consent of the owner thereof, he shall be deemed guilty of a felony, and, upon conviction thereof, shall be confined in the penitentiary of this State not less than one nor more than five years.(Code 1849, c. 192, §31; Code 1860, c. 192, §50; Code 1868, c. 145, §24; 1911, c. 42; Code 1923, c. 145, §24.)

§26. Interference With or Destruction of Buoys, Signal Lights or Other Aids to Navigation; Penalty.—If any person or persons shall willfully or maliciously interfere with, injure or destroy any buoy, lamp, lantern, signal light or other aid to navigation erected or maintained by the government of this State, or of the United States, in this State, every person so offending shall be guilty of a misdemeanor, and, upon conviction, be punished by a fine not exceeding five hundred dollars, or by imprisonment in the jail of the county not exceeding six months, or both, according to the aggravation of the offense, in the discretion of the court.(1877, c. 22; Code 1923, c. 145, §24a.)

§27. Malicious Killing of Animals by Poison or Otherwise; Penalty.—If any person maliciously administer poison to, or expose it with intent that it should be taken by, any horse, cattle or other beast, of another person, or if any person maliciously maim, kill, or cause the death of any horse, cattle or other beast, of another person, of the value of twenty dollars or more, he shall be guilty of a felony, and, upon conviction, shall be confined in the penitentiary not less than one nor more than five years; and, if it be of less value than twenty dollars, he shall be guilty of a misdemeanor, and, upon conviction, shall be confined in jail not more than three months and fined not more than fifty dollars, in the discretion of the court: Provided, That this section shall not be construed to include dogs.(Code 1849, c. 192, §32; Code I860, c. 192, §51; Code 1868, c. 145, §25; 1882, c. 148; Code 1923, c. 145, §25.)

§28. Obstruction or Removal of, or Injury to, Any Part of Railroad or Canal; Penalty.—If any person maliciously obstruct, remove or injure any part of a railroad, traction line or street railway, or canal, or any bridge or fixture thereof, or shall obstruct any machinery, work, engine or motor thereof, or any conveyor of electricity or other power used by the same, whereby the life of any traveler on such road or traction line or street railway is put in peril, he shall be guilty of a felony, and, upon conviction, shall be confined in the penitentiary not less than one year.(Code 1849, c. 192, §33; Code 1860, c. 192, §52; Code 1868, c. 145, §26; Code 1923, c. 145, §26.)

§29. Injuries to Public Utility Property; Penalty; Damages in Civil Actions.—Any person who shall willfully or maliciously destroy or injure any of the wires, poles, insulators, or other property belonging to any telephone, telegraph or railroad company, or any public utility company, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be imprisoned in the county jail not exceeding twelve months, and be fined not exceeding five hundred dollars, at the discretion of the court. Such person shall also be liable in a civil action for all damages to such property caused by such destruction or injury.(1871, c. 166; 1899, c. 47; Code 1923, c. 145, §26a.)

§30. Removal, Injury to or Destruction of Property, or Monuments Designating Land Boundaries; Penalties.—If any person unlawfully, but not feloniously, take and carry away, or destroy, injure or deface any property, real or personal, not his own, he shall be guilty of a misdemeanor, and, upon conviction, be fined not exceeding one hundred dollars, and may, in the discretion of the court, be confined in jail not exceeding sixty days.

And if any person shall break down, destroy, injure, deface or remove any monument erected for the purpose of designating the boundaries of a town, tract or lot of land, or any tree marked for that purpose, he shall be guilty of a misdemeanor, and, upon conviction, be fined not less than twenty nor more than two hundred dollars, and may, in the discretion of the court, be confined in jail not less than one nor more than six months.(Code 1849, c. 192, §34; Code 1860, c. 192, §53; Code 1868, c. 145, §27; 1882, c. 148; Code 1923, c. 145, §27.)

§31. Damage to or Destruction of Property by Bailee for Hire or Loan; Penalty; Damages Recoverable in Civil Action.—If any bailee for hire or loan of any property shall willfully, or with gross negligence, damage or destroy the property of any person, while the same is in the custody or possession of such bailee, he shall be deemed guilty of a misdemeanor, and, upon conviction, shall be fined not exceeding one hundred dollars, or be imprisoned in the county jail for a term not exceeding thirty days, in the discretion of the court, and shall be liable to the owner or owners of such property for the value thereof, or the injury done to the same, in a civil action.(1901, c. 24; Code 1923, c. 145, §27a.)

§32. Removal Out of County of Property Mortgaged or Covered by Trust Deed; Penalty.—Any mortgagor of personal property or grantor in a trust deed conveying personal property, in the possession of the same, who, without the consent of the owner of the claim secured by such mortgage or trust deed, and with intent to defraud, removes or causes to be removed any of the property mortgaged or covered by such trust deed out of the county where it was situated at the time it was mortgaged or conveyed by trust deed, or, with intent to defraud, secretes or sells the same, or converts the same to his own use, shall be guilty of a misdemeanor, and, upon conviction, be fined not more than five hundred dollars, or imprisoned not more than six months, or both, in the discretion of the court.(1901, c. 23; Code 1923, c. 145, §27b.)

§33. Entry Upon Inclosed Lands; Penalty; Liability for Damages.—If any person shall, without the consent of the owner or occupier thereof, enter upon the inclosed lands of another and do any damage, or shall, without such consent, pull down in whole or in part, or injure, any fence of another, or without permission open and leave open the gate or drawbar of another, or enter upon the inclosed lands of another after being forbidden so to do, or enter thereon and curse, or insult, or annoy, the owner thereof or any person rightfully there, he shall be guilty of a misdemeanor, and, upon conviction, be fined not less than five nor more than one hundred dollars; and, in default of the payment of the fine, the offender may, in the discretion of the judge or justice, be committed to jail for not less than five days. He shall, moreover, be liable to the party injured for the damages sustained by such injury; and it shall be no defense to any prosecution or suit under this section, that such fence was not a lawful fence.(1882, c. 148; 1893, c. 9; 1899, c. 59; Code 1923, c. 145, §28.)

§34. Taking or Injuring Garden or Field Crops; Penalties.—If any person shall enter the orchard, field, garden or market garden of another person, without the consent of the owner or occupier thereof, and shall do any damage to the fruit, vegetables, grain or grass growing or being thereon, or shall take, carry away, injure or destroy any of the grain, fruit, grass or vegetables growing or being thereon, he shall be guilty of a misdemeanor, and, upon conviction, fined not less than five dollars, or confined in jail not exceeding six months, or both, in the discretion of the court. If any person commit any of the acts mentioned herein, and it be charged in the indictment and proven that the property injured or destroyed, or taken or carried away, be of greater value than fifty dollars, the offender shall be guilty of a felony, and, upon conviction, confined in the penitentiary not less than one nor more than two years.(1866, c. 58; Code 1868, c. 145, §28; 1903, c. 41; Code 1923, c. 145, §28a.)

§35. Digging Ginseng or Other Medical Roots; Penalty.—It shall be unlawful for any person to dig ginseng or other medical roots, or prospect for the same, on the lands of another, in the counties of Pocahontas, Greenbrier and Webster, without the consent of the owner or owners thereof first obtained. The provisions of this section shall extend to all of the counties of the State: Provided, That the county court of any county may, upon the petition of one hundred voters of the county, direct to have the same enforced in such county or any district or districts thereof. Any person violating this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than fifty dollars, and may, in the discretion of the court, be confined in the county jail not exceeding two months.(1872-3, c. 158; Code 1923, c. 145, §28b.)

§36. Anchoring or Beaching Shanty Boats on Lands of Another; Penalty.—If any person, being the owner or occupier of any shanty boat, or boat of like kind, who anchors, ties or beaches such boat upon the real estate of another for a longer period than twelve hours, except in case of distress, without the permission of the owner or agent of the owner of such real estate, upon which such boat is anchored, tied or beached, he shall be guilty of a misdemeanor, and, upon conviction, shall be fined not more than fifty dollars, or confined in the county jail not more than thirty days, in the discretion of the court. And each twelve hours that such owner or occupier, after having been notified to remove, allows such boat to remain at such place, or anchored, tied or beached upon the premises of such owner, shall be treated as a separate offense. And any such person having been notified to remove such boat, who shall, within thirty days thereafter, again anchor, tie or beach any boat upon the real estate of such owner, shall be guilty of a misdemeanor, and, upon conviction, shall be fined not exceeding fifty dollars and imprisoned in the county jail not exceeding thirty days. Any justice of the peace in any county of the State where such offense or offenses shall be committed shall have jurisdiction thereof.(1895. c. 22; Code 1923, c. 145, §28c.)

§37. False Statement as to Financial Condition of Person, Firm or Corporation; Penalty.—Any person who shall knowingly make or cause to be made, either directly or indirectly, or through any agency whatsoever, any false statement in writing, with intent that it shall be relied upon, respecting the financial condition, or means or ability to pay, of himself, or any other person, firm or corporation, in whom or in which he is interested, or for whom or for which he is acting, for the purpose of procuring in any form whatsoever, either the delivery of personal property, the payment of cash, the making of a loan or credit, the extension of a credit, the discount of an account receivable, or the making, acceptance, discount, sale or indorsement of a bill of exchange, or promissory note, for the benefit either of himself or of such person, firm or corporation; or who, knowing that a false statement in writing has been made, respecting the financial condition or means or ability to pay, of himself, or such person, firm or corporation in which he is interested, or for whom he is acting, procures, upon the faith thereof, for the benefit either of himself, or of such person, firm or corporation, either or any of the things of benefit mentioned herein; or who, knowing that a statement in writing has been made, respecting the financial condition or means or ability to pay of himself or such person, firm or corporation in which he is interested, or for whom he is acting, represents on a later day, either orally or in writing, that such statement theretofore made, if then again made on such day, would be then true, when in fact such statement, if then made, would be false, and procures upon the faith thereof, for the benefit either of himself or of such other person, firm or corporation, either or any of the things of benefit mentioned herein, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by confinement in jail for not more than one year, or by a fine of not more than one thousand dollars, or both fine and imprisonment, in the discretion of the court.(1915, c. 42; Code 1923, c. 145, §35.)

§38. Publication of False Advertisements; Penalty.—Any person, firm, corporation, or association, or their agents or employees, who, with intent to sell, or in any wise dispose of, merchandise, securities, service, or anything offered by such person, firm, corporation or association, directly or indirectly, to the public for sale or distribution, or with intent to increase the consumption thereof, or to induce the public in any manner to enter into any obligation relating thereto, or to acquire title thereto, or an interest therein, causes, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public, in this State, in a newspaper or other publication, or in the form of a book, notice, handbill, poster, bill, circular, pamphlet or letter, or in any other way, an advertisement of any sort regarding merchandise, securities, service, or anything so offered to the public, which advertisement contains any assertion, representation or statement of fact which is untrue and deceptive, knowing or having reason to believe that such assertion, representation or statement is untrue or deceptive, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than ten nor more than one hundred dollars, and such violation, by an agent or employee, shall be deemed an offense as well by the principal or employer, and they may be indicted for the same, either jointly or severally.(1915, c. 43; Code 1923, c. 145, §36.)

§39. Giving Worthless Check; Penalties.—Any person who, with intent to defraud, shall make, draw, issue, utter or deliver to another any check, draft or order for the payment of money upon any bank, or other depository, and thereby obtain from such other any credit, credit on account, money, goods or other property or thing of value, knowing at the time of such making, drawing, issuing, uttering or delivering that the maker or drawer thereof has not sufficient funds in, or credit with such bank or other depository for the payment of such check, draft or order in full upon its presentment, shall be guilty of a misdemeanor, if the amount of such check, draft or order be under twenty dollars, and upon conviction thereof, shall be confined in the county jail not less than five nor more than sixty days, or fined not less than one hundred dollars, or both fined and imprisoned; and if the amount of such check, draft or order be twenty dollars or over, he shall be guilty of a felony, and, upon conviction thereof, shall be confined in the penitentiary not less than one nor more than five years and be fined not more than one thousand dollars. The making, drawing, issuing, uttering or delivering of a check, draft or order upon such bank, or other depository, by any person knowing that there is not sufficient funds or credit in such bank or depository from which the same can be paid on presentment shall, as against the drawer, be prima facie evidence of knowledge of insufficiency of funds, or lack of credit, and of intent to defraud: Provided, however, That if such check, draft or order be paid at any time previous to the trial or examination of such person before a justice of the peace, or before indictment of such person by a grand jury, then no presumption of knowledge of insufficiency of funds, or lack of credit, and of intent to defraud shall arise.

The making, drawing, issuing, uttering or delivery of any such check, draft or order, for or on behalf of any corporation, or in its name, by any officer or agent of such corporation, shall subject such officer or agent to the penalties of this section to the same extent as though such check, draft, or order was his own personal act, when such agent or officer knows that such corporation does not have sufficient funds or credit with such bank or other depository from which such check, draft or order can legally be paid upon presentment.

Such person, officer or agent, shall be prosecuted in the county in which he makes, draws, issues or delivers such check. Justices of the peace shall have jurisdiction to try any misdemeanor charge hereunder. The word “credit” as used herein shall be construed to mean an arrangement or understanding with the bank or depository for the payment of such check, draft or order.(1911, c. 76; Code 1923, c. 145, §34; 1929, c. 41.)

§40. Fraudulently Obtaining Food or Lodging; Penalty.—Every person who shall, at any hotel, inn, eating, lodging or boarding house, or restaurant, receive or cause to be furnished any food or accommodation, with intent to defraud the owner or keeper of such hotel, inn, eating, lodging or boarding house, or restaurant, and any person who shall obtain credit at any hotel, inn, eating, lodging or boarding house, or restaurant, by the use of any false pretense or device, or by depositing in such hotel, inn, eating, lodging or boarding house, or restaurant, any baggage or property of less value than the amount of such credit, or of the bill by such person incurred, with such fraudulent intent, and any person who, after obtaining credit or accommodation at any hotel, inn, eating, lodging or boarding house, or restaurant, shall abscond from such hotel, inn, eating, lodging or boarding house, or restaurant, or shall remove or attempt to remove therefrom any baggage or personal property of any kind subject to the lien provided for in section five, article eleven, chapter thirty-eight of this Code, with intent to defraud the owner or keeper of such hotel, inn, eating, lodging or boarding house, or restaurant, without first having paid, satisfied or arranged all claims or bills for lodging, entertainment or accommodation, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than twenty-five nor more than two hundred dollars, and may, in the discretion of the court or justice trying the case, be confined in the county jail for a term of not less than ten nor more than thirty days. A justice of the peace for the county wherein the offense was committed shall have concurrent jurisdiction of such offense with the circuit or other courts of such county.(1891, c. 39; 1899, c. 48; Code 1923, c. 145, §32.)

§41. Willful Injury to Railroad Property; Shooting or Throwing Missiles Into Passenger Car; Misconduct of Passenger; Employees Conservators of the Peace; Special Railroad Policemen; Penalties.—Any person who shall willfully and unlawfully injure, impair, weaken, destroy or misplace any building, bridge, rail, track, sidetrack, switch, rail bonds, spur track, work engine, machine, locomotive, hand car, depot, car, trestle, telegraph line, telegraph pole, telegraph wire, telegraph instrument, or any other instrument, machine, invention, or mechanical or electrical appliance whatever, which may be, or now is used by any company operating or using any railroad or traction line or system, or other line or work of internal improvement, in this State; or who shall obstruct any corporation which is the owner or lessee of any railroad or traction line or system, or other work of internal improvement, in this State, in the use of any such property, shall be guilty of a misdemeanor, and, upon conviction, shall be fined not exceeding one thousand dollars and imprisoned not exceeding six months. If the death of any person occur in consequence of any such unlawful act, the person or persons committing the same shall be guilty of murder and punished accordingly. Or if any person on a train, or locomotive, or passenger car, on any railroad or traction line or system, is maimed or disfigured by reason of any such unlawful act, the person convicted of causing the same shall be guilty of a felony, and shall be confined in the penitentiary not less than one nor more than twenty years.

If any person shall shoot or throw stones, or other dangerous missiles, at or into any passenger car, or other railroad or traction car used for carrying passengers, or other persons, while any such passenger or other person is within the same, he shall be guilty of a felony, and, upon conviction, shall be confined in the penitentiary not less than one nor more than ten years. And if any person, whether a passenger or not, shall, while on any passenger car or on any train of cars, behave in a riotous or disorderly manner, he shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than twenty-five nor more than two hundred dollars, and may, in the discretion of the court, be confined in jail not less than one nor more than six months, and may be ejected from such car or train by the person or persons in charge thereof; and such force as is necessary for that purpose may be used by such person or persons in charge of such passenger car or train of cars, with such other persons as they may call to their aid.

The conductor of every passenger car and flagmen and brakemen employed on such car, as well as the conductor of every train of railroad or traction cars, shall have all the powers of a conservator of the peace while in charge of such car or train.

Any railroad company owning, or leasing and operating, or using any railroad or traction line or system lying wholly or partially within this State, whether such railroad be operated by steam or electric power, may apply to the governor to appoint such citizen or citizens of this State as such railroad company may designate, to act as special police officers for such railroad or traction company, with the consent of such citizen or citizens; and the governor may, upon such application, appoint and commission such person or persons, or so many of them as he may deem proper, as such special police officers. Every police officer so appointed shall appear before some person authorized to administer oaths and take and subscribe the oath prescribed in the fifth section of the fourth article of the Constitution, and shall file such oath with the clerk of the county court, or other tribunal in lieu thereof, of the county in which he shall reside. He shall also file certified copies of such oath in the office of the secretary of state, and in the office of the clerk of the county court, or other tribunal established in lieu thereof, of each county through which such railroad or any portion thereof may extend. Every police officer appointed under the provisions of this section shall be a conservator of the peace within each county in which any part of such railroad may be situated, and in which such oath or a certified copy thereof shall have been filed with the clerk of the county court or other tribunal established in lieu thereof; and, in addition thereto, he shall possess and may exercise all the powers and authority, and shall be entitled to all the rights, privileges and immunities, within such counties, as are now or hereafter may be vested in or conferred upon the regularly elected or appointed constables of such county. Any appointment made by the governor under the provisions of this section may be revoked by him for good cause shown, and such police officers may be removed from office for official misconduct, incompetence, habitual drunkenness, neglect of duty or gross immorality, in the same manner in which regularly elected or appointed constables may be removed from office. Whenever any such railroad company shall desire to dispense with the services of any such police officer, it may file a notice to that effect, under its corporate seal, attested by its secretary, in each of the several offices in which such oath or certified copy thereof shall have been filed; and, thereupon, the powers of such police officer shall cease and determine. Such police officers may wear such uniform and badge of authority, or either, as the railroad company, upon whose application they were appointed, may designate, and such railroad company shall pay them for all services rendered by them pursuant to such appointment.(Code 1849, c. 192, §33; Code 1860, c. 192, §52; Code 1868, c. 145, §26; 1881, c. 17, §64; 1882, c. 97, §64; 1885, c. 34, §31; 1899, c. 55; 1909, c. 57; 1915, c. 24; Code 1923, c. 145, §31.)

§42. Intoxication of Person in Charge of Locomotive Engine or Car; Penalties.—If any person, while in charge of a locomotive engine, whether the same be driven by steam, electricity or other motive power, running upon the railroad or traction lines of any corporation, or while acting as conductor or brakeman of any car or train of cars on such railroad or traction line, be intoxicated, he shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not exceeding five hundred dollars and imprisoned in the county jail not less than two nor more than twelve months; and for the second offense he shall be guilty of a felony, and, upon conviction, shall be confined in the penitentiary not less than one nor more than three years.(1881, c. 17, §13; 1882, c. 97, §63; 1885, c. 34, §30; Code 1923, c. 145, §30.)

§43. Jumping on or off Car or Train in Motion; Driving Vehicle Upon Track or Bridge Except at Crossings; Penalty.—If any person, not a passenger or employee, shall be found trespassing upon any railroad or traction car or train of any railroad in this State, by jumping on or off any car or train in motion, on its arrival at or departure from any station or depot of such railroad, or on the passage of any such car or train over any part of such railroad; or shall drive any horse or any horse drawn or motor driven vehicle across or upon any railroad track or bridge, except at public, private or farm crossings, such person so offending shall be deemed a disorderly person and guilty of a misdemeanor, and, on conviction thereof, shall be punished by a fine not exceeding twenty-five dollars, or by imprisonment in the county jail not exceeding thirty days, or both. Justices of the peace shall have concurrent jurisdiction to try all offenders under this section.(1897, c. 10; 1915, c. 19; Code 1923, c. 145, §31a; 1927, c. 33.)

§44. Procuring Gas, Water or Electricity, by Device, With Intent to Defraud; Penalty.—Every person who, with intent to injure or defraud, procures, makes, or causes to be made, any pipe, tube, wire, or other conductor of gas, water or electric energy, and connects the same, or causes it to be connected, with any main, service pipe or other pipe for conducting or supplying gas, or water, or any wires or other conductor of electric energy, in such manner as to supply gas, water or electric energy to any lamp, motor, burner, orifice, or any other device, by or at which gas, water or electric energy is consumed, around or without passing through the meter provided for measuring and registering the quantity of gas, water or electric energy consumed, or in any other manner so as to evade payment therefor, and every person who, with like intent, injures or alters any gas, water or electric meter, or obstructs its action, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be confined in the county jail not exceeding twelve months, or fined not exceeding one thousand dollars, or both, in the discretion of the court.(1923, c. 65, §1.)

§45. Tampering With Pipes, Tubes, Wires or Electrical Conductors; Penalty.—Every person who, with intent to injure or defraud, connects, or causes to be connected, any pipe, tube, wire, electrical conductor or other instrument with any main, service pipe, or other pipe or conduit or flume for conducting water, or with any main, service pipe, or other pipe or conduit for conducting gas, or with any main, service wire or other electric conductor used for the purpose of conducting electric energy for light, heat or motive services, for the purpose of taking therefrom water, gas or electric energy, without the knowledge of the owner thereof and with intent to evade payment therefor, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be confined in the county jail not exceeding twelve months, or fined not exceeding one thousand dollars, or both, in the discretion of the court.(1923, c. 65, §2.)

§46. Use of Slugs, False Coins, etc., in Coin Box Telephone; Penalty.—Any person who shall operate, or cause to be operated, or attempt to operate any coin box telephone designed to receive lawful coin of the United States of America, in connection with the use or enjoyment of any telephone service, by means of a slug or any false, counterfeited, mutilated, sweated or foreign coin, or by any means, method, trick or device whatsoever, not lawfully authorized by the owner, lessee or licensee of such coin box telephone, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by imprisonment in the county jail not exceeding twelve months, or by a fine not exceeding five hundred dollars, or both at the discretion of the court.(1929, c. 42.)

§47. Dams or Obstructions in Watercourses; Penalty.—No person shall fall any timber and permit the same to remain in any navigable or floatable stream of this State when to do so shall obstruct the passage of boats, rafts, staves, ties or timber of any kind. No person shall construct any dam or other obstruction more than ten feet in height across any stream or watercourse unless the design and proposed construction shall have been declared to be safe by an order entered by the public service commission after full investigation. Except as provided in article six, chapter twenty of this Code, no person shall construct or maintain any dam or other structure in any stream or watercourse, which shall in any way prevent or obstruct the free and easy passage of fish up or down such stream or watercourse, without first providing as a part of such dam or other structure a suitable fish ladder, way or flume, so constructed as to allow fish easily to ascend or descend the same, which ladder, way or flume shall be constructed only upon plans, in a manner, and at a place, satisfactory to the game, fish and forestry commission; and in all navigable and floatable streams provision shall be made in such dam or structure for the passage of boats and other craft, logs and other materials: Provided, however, That this section shall not relieve such person from liability for damage to any riparian owner on account of the construction or maintenance of such dam; nor shall it relieve any person whose business may be within the terms of the water power act from complying therewith.

Any person who shall violate any of the provisions of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not exceeding one thousand dollars, or imprisoned in the county jail not exceeding one year, or both fined and imprisoned, and, whether conviction be had under this section or not, such violation shall be deemed a nuisance, which may be abated at the suit of any citizen or taxpayer, the county court of the county, or, as to fish ladders, at the suit of the game, fish and forestry commission, and, if the same endangers county roads, the county court may abate such nuisance peaceably without such suit.(Code 1849, c. 62, §§3, 4, 6, 7; Code 1860, c. 62, §§3, 4, 6, 7; Code 1868, c. 44, §§24, 25, 27, 28; 1882, c. 159, §§24, 25, 27, 28; 1883, c. 36, §1; 1921, c. 116, §19; Code 1923, c. 44, §§24, 24a, 25, 27, 28, c. 62, §19.)

§48. Damaging or Carrying Away, Without Permission, Trees, Flowers, etc., Growing Within One Hundred Yards of Public Roads; Limitation of Section; Penalty.—It shall be unlawful to break, cut, take or carry away, or in any manner to damage any of the trees, shrubbery or flowers, and including everything under the title of flora and fauna, whether wild or cultivated, growing within one hundred yards on either side of any public road in this State, without the permission of the owner or owners of record, the agent or tenants, of the land upon which such trees, shrubbery or flowers, including everything under the title of flora and fauna, shall be growing.

It shall be unlawful for any person willfully or knowingly to have in his possession, or to haul along any public road in this State, any trees, shrubbery or flowers, including everything under the title of flora and fauna, which are protected by this section, unless such person so having in his possession or hauling the same shall have permission so to do from the owner, agent or tenant of record of the land from which the same have been taken.

Nothing herein contained shall be construed as affecting the right of public service companies operating under franchise, their agents or employees, to keep the railway tracks, lines, wires or other equipment free from interference in the satisfactory operation of their properties, or the right of the public authorities in the maintenance of the public roads under their jurisdiction and control.

Any person who shall violate any of the provisions of this section shall be guilty of a misdemeanor, and, upon conviction thereof, for the first offense shall be fined not more than fifty dollars, and for subsequent offenses shall be confined in the county jail for not more than three months, or fined not more than fifty dollars, or both, for each offense. Justices of the peace shall have concurrent jurisdiction, with the circuit and criminal or intermediate courts, of offenses under this section.(1929, c. 60, §§1-4.)

§49. Purchase of Copper Wire, etc., by Junk Dealers and Others; Penalty.—It shall be unlawful for any person, firm or corporation, except licensed junk dealers in the manner hereinafter provided, to barter, purchase, exchange, buy or accept from any person whatsoever, except plumbers, the owner or owners of buildings from which the material is taken, coal companies, industrial, manufacturing and public utility companies, or the authorized agents of such companies, lawful owners and licensed junk dealers, copper wires, cables, copper trolley wire, aluminum wire, brass bearings or fittings or lead, shipped or delivered from points within this State. Every junk dealer purchasing any of the items hereinbefore mentioned from the aforesaid persons, firms or corporations, shall accurately list such purchase in a permanent record showing the kind and character of junk purchased, date of purchase and from whom purchased, which record shall be open to the inspection of all law enforcement officers.

It shall be unlawful for any junk dealer to purchase any of the items hereinbefore mentioned, except from the persons, firms or corporations named aforesaid, without securing from the seller a bill of sale, receipt or other proof of lawful ownership, which shall be retained by such purchaser or dealer, and such purchaser or dealer shall list in a record book the full name and address of the seller, a complete description of the kind and character of the junk or material purchased, the hour and day purchased, and the license number of any automobile or truck which may be used in making delivery of such junk or materials, which record shall be open to the inspection of all law enforcement officers, and be preserved for a period of not less than one year.

Every nonresident junk dealer, before transporting from the State any of the items hereinbefore mentioned, shall file with the sheriff of the county where such purchase was made a complete description of the property he proposes to transport from the State, showing the date of purchase, the names of the buyer and seller, the party to whom consigned, and the license number of any automobile or truck which may be employed in transporting such junk or materials hereinbefore mentioned.

Any person who shall violate any of the provisions of this section shall be guilty of a misdemeanor, and, upon conviction before any justice of the peace or court of competent jurisdiction, shall be fined not less than one hundred nor more than five hundred dollars: Provided, however, That when any person other than the lawful owner shall take, transport, sell or offer for sale any such junk or items hereinbefore mentioned of a scrap value of less than twenty dollars, it shall constitute petit larceny, and where the scrap value of such items is twenty dollars or more it shall constitute grand larceny.(1929, c. 68.)

§1. Forgery of Public Record, Certificate, Return or Attestation of Court or Officer; Penalty.—If any person forge a public record, or a certificate, return or attestation of a clerk of a court, notary public, judge, justice, or any public officer, in relation to any matter wherein such certificate, return, or attestation may be received as legal proof, or utter or attempt to employ as true such forged record, certificate, return or attestation, knowing the same to be forged, he shall be guilty of a felony, and, upon conviction, shall be confined in the penitentiary not less than two nor more than ten years.(Code 1849, c. 193, §1; Code 1860, c. 193, §1; Code 1868, c. 146, §1; Code 1923, c. 146, §1.)

§2. Forgery of Official Seals; Keeping or Concealing Instrument for Forging Same; Penalty.—If any person forge, or keep or conceal any instrument for the purpose of forging, the seal of a court, or of any public office or body politic or corporate in this State, he shall be deemed guilty of a felony, and, upon conviction, shall be confined in the penitentiary not less than two nor more than ten years.(Code 1849, c. 193, §2; Code 1860, c. 193, §2; Code 1868, c. 146, §2; Code 1923, c. 146, §2.)

§3. Counterfeiting; Penalty.—If any person forge any coin, current by law or usage in this State, or any note or bill of a banking institution, or fraudulently make any base coin, or a note or bill purporting to be the note or bill of a banking institution, when such banking institution does not exist; or utter or attempt to employ as true, or sell, exchange or deliver, or offer to sell, exchange or deliver, or receive on sale, exchange, or delivery, with intent to utter or employ or to have the same uttered or employed as true, any such false, forged, or base coin, note or bill, knowing it to be so, he shall be deemed guilty of a felony, and, upon conviction, shall be confined in the penitentiary not less than two nor more than ten years.(Code 1849, c. 193, §3; Code 1860, c. 193, §3; Code 1868, c. 146, §3; Code 1923, c. 146, §3.)

§4. Making Plates for Forgery; Possession of Same; Penalty.—If any person engrave, stamp, or cast, or otherwise make or mend any plate, block, press or other thing adapted and designed for the forging and false making of any writing or other thing, the forging or false making whereof is punishable by this article; or if such person have in his possession any such plate, block, press, or other thing, with intent to use, or cause or permit it to be used, in forging or false making any such writing or other thing, he shall be deemed guilty of a felony, and, upon conviction, shall be confined in the penitentiary not less than two nor more than ten years.(Code 1849, c. 193, §4; Code 1860. c. 193, §4; Code 1868, c. 146, §4; Code 1923, c. 146, §4.)

§5. Forging or Uttering Other Writings; Penalty.—If any person forge any writing, other than such as is mentioned in the first and third sections of this article, to the prejudice of another’s right, or utter or attempt to employ as true such forged writing, knowing it to be forged, he shall be deemed guilty of a felony, and, upon conviction, shall be confined in the penitentiary not less than two nor more than ten years.(Code 1849, c. 193, §5; Code 1860, c. 193, §5; Code 1868, c. 146, §5; Code 1923, c. 146, §5.)

§6. Possession of Counterfeit With Intent to Utter; Penalty.—If any person have in his possession forged bank notes, or pieces of forged or base coin, such as are mentioned in the third section of this article, knowing the same to be forged or base, with intent to utter or employ the same as true, or to sell, exchange, or deliver them, so as to enable any other person to utter or employ them as true, he shall, if the number of such notes or pieces of coin in his possession, at the same time, be ten or more, be deemed guilty of a felony, and, upon conviction, shall be confined in the penitentiary not less than one nor more than five years, and if the number thereof be less than ten, he shall be deemed guilty of a misdemeanor, and, upon conviction, shall be confined in jail not less than six months nor more than one year and be fined not exceeding five hundred dollars.(Code 1849, c. 193, §6; Code 1860, c. 193, §6; Code 1868, c. 146, §6; Code 1923, c. 146, §6.)

§7. Unauthorized Currency; Penalty.—If any person shall, without authority of law, issue any note or other security purporting that money or other thing of value is payable by or on behalf of such person, with intent thereby to create a circulating medium, he shall be guilty of a misdemeanor, and, upon conviction, shall be confined in jail not more than six months and fined not more than five hundred dollars; and the acceptance of any such note or security shall not operate as a payment of any debt or claim due or to become due to the person so accepting the same: Provided, That nothing in this section shall be so construed as to prevent the giving of checks, promissory notes, single bills, bonds, orders, drafts or bills of exchange for a debt or claim due or to become due.(Code 1849, c. 198, §17; Code 1860, c. 198, §16; Code 1868, c. 151, §14; 1877, c. 21; Code 1923, c. 151, §14.)

§8. Passing or Receiving Unauthorized Currency Knowingly; Penalty.—If any person not punishable under the provisions of the preceding section shall knowingly pass or receive in payment any such note or security, he shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than ten nor more than one hundred dollars.(Code 1849, c. 198, §18; Code 1860, c. 198, §17; Code 1868, c. 151, §15; 1877, c. 21; Code 1923, c. 151, §15.)

§1. Perjury and Subornation of Perjury Defined.—To willfully testify falsely, under an oath or affirmation lawfully administered, in a trial of the witness or any other person for a felony, concerning a material matter or thing, is perjury and is a felony; to induce or procure another person so to do is subornation of perjury and is a felony.(Code 1849, c. 194, §§1, 2; Code 1860, c. 194, §§1, 2; Code 1868, c. 147, §§1, 2; Code 1923, c. 147, §§1, 2.)

§2. False Swearing Defined.—To willfully swear falsely, under oath or affirmation lawfully administered, in a trial of the witness or any other person for a felony, concerning a matter or thing not material, and on any occasion other than a trial for a felony, concerning any matter or thing material or not material, or to procure another person to do so, is false swearing and is a misdemeanor.(Code 1849, c. 194, §1; Code 1860, c. 194, §1; Code 1868, c. 147, §1; Code 1923, c. 147, §1.)

§3. Penalties for Perjury, Subornation of Perjury, and False Swearing.—A person convicted of perjury or subornation of perjury shall be confined in the penitentiary not less than one nor more than ten years, and a person convicted of false swearing shall be fined not more than one thousand dollars, and, in the discretion of the court, confined in jail not more than one year. And in either case the person convicted shall be adjudged forever incapable of holding any office of honor, trust or profit in this State, or of serving as a juror.(Code 1849, c. 194, §§2, 3; Code 1860, c. 194, §§2, 3; Code 1868, c. 147, §§2, 3; Code 1923, c. 147, §§2, 3.)

§4. Bribery or Attempted Bribery; Penalty.—If any person shall bribe, by directly or indirectly giving to or bestowing upon, or shall attempt to bribe by directly or indirectly giving to or bestowing upon, any executive, legislative, judicial, or ministerial officer of this State, or any member of the legislature, after his election or appointment and either before or after he shall have been qualified or shall have taken his seat, any gift, gratuity, money, testimonial or other valuable thing, or shall make promise thereof, in order to influence him in the performance of any of his official, public duties, or with intent to influence his act, vote, opinion, decision or judgment on any matter, question, cause or proceeding, or to induce or procure him to vote or withhold his vote on any question or proceeding which is then or may thereafter be pending, or may by law come or be brought before him in his official capacity, he shall be guilty of a felony, and, upon conviction, shall be imprisoned in the penitentiary not less than one nor more than ten years, and shall, moreover, be forever disqualified from holding any office or position of honor, trust or profit in this State.[Code 1849, c. 194, §4; Code 1860, c. 194, §4; Code 1868, c. 147, §4; 1872-3, c. 75, §§1, 2; Code 1923, c. 147, §§4, 5a(1), 5a(2).]

§5. Demanding or Receiving Bribes; Penalty.—Any executive, legislative, judicial or ministerial officer, or member of the legislature, who shall demand, receive or accept any gift, gratuity, money, testimonial or other valuable thing, or shall exact any promise to make such gift or to pay to him, money, testimonial or other valuable thing, or to do any act beneficial to such officer or member of the legislature, from any person, company or corporation, under an agreement or understanding that his vote, opinion, judgment or decision shall be given or withheld in any particular manner upon a particular side of any question, cause or proceeding, which is, or may be by law brought before him in his official capacity, or that in such capacity he shall make any particular nomination or appointment, or for any vote or influence he may give or withhold as such officer or member of the legislature, or that such officer will fail to perform or improperly perform any of his official, public duties, shall be guilty of a felony, and, upon conviction thereof, shall be confined in the penitentiary not less than one nor more than ten years; and in addition thereto such officer or member of the legislature shall forfeit the office then held by him and shall be forever disqualified from holding any office or position of honor, trust or profit in this State.[Code 1849, c. 194, §5; Code 1860, c. 194, §5; Code 1868, c. 147, §5; 1872-3, c. 75, §§3, 4; Code 1923, c. 147, §§5, 5a(3), 5a(4).]

§6. Receiving Bribe by Officer in Delay of Service of Process; Penalty.—If any officer authorized to serve legal process receive any money or other thing of value for omitting or delaying to perform any duty pertaining to his office, he shall be guilty of a misdemeanor, and. upon conviction, shall be confined in jail not more than six months and be fined not exceeding one hundred dollars.(Code 1849, c. 194, §6; Code 1860, c. 194, §6; Code 1868, c. 147, §6; Code 1923, c. 147, §6.)

§7. Bribery of Commissioner of Court, Auditor, Justice of the Peace, Arbitrator, Umpire, or Juror; Penalty.—Any person who gives or offers, directly or through any other person or persons, or promises, directly or indirectly, to give any money or other thing of value to a commissioner appointed by a court, auditor, justice of the peace, arbitrator, umpire, or juror (although not impaneled), with intent to bias his opinion or influence his decision in relation to any matter in which he is acting or is to act; and any such commissioner, auditor, justice of the peace, arbitrator, umpire or juror, who corruptly takes or receives such money or other thing of value, or who agrees to take such money or other thing of value to bias or influence his opinion or action or both, shall be guilty of a felony, and, upon conviction, shall be confined in the penitentiary not less than one nor more than ten years, and fined in addition thereto not exceeding five thousand dollars.(Code 1849, c. 194, §7; Code 1860, c. 194, §7; Code 1868, c. 147, §7; Code 1923, c. 147, §7; 1925 c. 93.)

§8. Aiding Prisoner to Escape; Penalty.—Where a person is lawfully detained as a prisoner in any jail, prison, or custody, if any person shall convey anything into the jail or prison, or place of custody of the prisoner, with intent to facilitate the prisoner’s escape therefrom, or shall, in any way, aid such prisoner to escape, or in the attempt to escape, from such prison, jail, or custody, or shall forcibly rescue, or attempt to rescue, him therefrom, such person, if the rescue or escape be effected, shall, if the prisoner was detained on a conviction or charge of felony, be guilty of a felony, and, upon conviction, shall be confined in the penitentiary not less than one nor more than five years; and if the same be not effected, or if the prisoner was not detained on such conviction or charge, he shall be guilty of a misdemeanor, and, upon conviction, shall be confined in jail six months and be fined not exceeding five hundred dollars.(Code 1849, c. 194, §8; Code 1860, c. 194, §8; Code 1868, c. 147, §8; Code 1923, c. 147, §8.)

§9. Permitting Escape; Refusal of Custody of Prisoner; Penalties.—If a jailer or other officer voluntarily suffer a prisoner convicted or charged with felony to escape from his custody, he shall be deemed guilty of a felony, and, upon conviction, shall be confined in the penitentiary not less than one nor more than five years. And if the jailer or other officer negligently, but not voluntarily, suffer a person convicted of or charged with felony, or voluntarily or negligently suffer a person convicted of or charged with an offense not a felony, to escape from his custody, or willfully refuse to receive into his custody any person lawfully committed thereto, he shall be guilty of a misdemeanor, and, upon conviction, shall be confined in jail not more than six months, or be fined not exceeding five hundred dollars.(Code 1849, c. 194, §§9, 10; Code 1860, c. 194, §§9, 10; Code 1868, c. 147, §§9, 10; Code 1923, c. 147, §§9, 10.)

§10. Jail Breaking by Convicted Prisoner; Penalty.—Any person confined in jail on conviction of a criminal offense, who escapes therefrom by force, violence, or by any subterfuge, device or deception, shall, if previously sentenced to confinement in the penitentiary, be guilty of a felony, and, upon conviction, shall be confined in the penitentiary for one year; or, if he be previously sentenced to confinement in jail, he shall be guilty of a misdemeanor, and, upon conviction, shall be confined in jail six months; the term of confinement under this section, to commence at the expiration of the former sentence.(Code 1849, c. 194, §11; Code 1860, c. 194, §11; Code 1868, c. 147, §11; Code 1923, c. 147, §11.)

§11. Jail Breaking by Unconvicted Prisoner; Penalty.—If any person lawfully imprisoned in jail, and not sentenced on conviction of a criminal offense, escape therefrom by force or violence, or by any subterfuge, device or deception, he shall be guilty of a misdemeanor, and, upon conviction, shall be confined in jail not exceeding one year.(Code 1849, c. 194, §12; Code 1860, c. 194, §12; Code 1868, c. 147, §12; Code 1923, c. 147, §12.)

§12. Escapes From, and Other Offenses Relating to, State Benevolent, Penal and Correctional Institutions; Penalties.—Except where otherwise provided, whoever abducts any person who is an inmate of any state benevolent, penal or correctional institution shall be guilty of a felony, and, upon conviction thereof, shall be imprisoned in the penitentiary for not less than one nor more than five years. Whoever persuades, induces or entices, or attempts to persuade, induce or entice, any person who is an inmate of any state benevolent, penal or correctional institution to escape therefrom, or whoever conceals or harbors any such person, knowing him or her to have run away from any such or institution, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than twenty-five nor more than one hundred dollars, and in addition thereto, in the discretion of the court, may be imprisoned in the county jail not less than one nor more than six months.

Any fugitive from any state benevolent, penal or correctional institution may, on the order of the superintendent or other officer of such institution, be arrested and returned to such institution, or to any officer or agent thereof, by any sheriff, constable or police officer, or other person, and may also be arrested and returned by any officer or agent of such institution.

Whoever trespasses, idles, lounges or loiters upon the grounds of any state benevolent, penal or correctional institution, or communicates, or attempts to communciate, by signals, signs, writings or otherwise with any inmate of such institution, or conveys or assists in any way in establishing communication between an inmate of such institution and any person or persons outside thereof, except as authorized by the rules or regulations in force by the authority governing the same, shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than five nor more than twenty dollars, or imprisoned not less than ten nor more than thirty days in the county jail, or both, in the discretion of the court or justice of the peace. Whoever, with intent to defraud, purchases, accepts as a gift, or secures by barter or trade, or in any other manner, any article of clothing from an inmate of any state benevolent, penal or correctional institution issued to him or her, by any officer of such institution, for his or her use, or, with such intent, secures any other article or articles belonging to any inmate of such institution or to such institution from an inmate thereof, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined a sum not less than double the value of such articles, except that in no case shall the fine be less than twenty-five dollars. Justices of the peace shall have jurisdiction of all misdemeanors created by this paragraph, concurrently with the circuit court.(1905, c. 73; Code 1923. c. 147, §12a.)

§13. Refusal of Officer to Make Arrest; Penalty.—If any officer willfully and corruptly refuse to execute any lawful process, requiring him to apprehend or confine a person convicted of or charged with an offense, or shall willfully and corruptly omit or delay to execute such process, whereby such person shall escape and go at large, such officer shall be guilty of a misdemeanor, and, upon conviction, shall be confined in jail not more than six months, and be fined not exceeding five hundred dollars.(Code 1849, c. 194, §13; Code 1860, c. 194, §13; Code 1868, c. 147, §13; Code 1923, c. 147, §13.)

§14. Refusal of Person to Aid Officer; Penalty.—If any person shall, on being required by any sheriff or other officer, refuse or neglect to assist him in the execution of his office in a criminal case, or in the preservation of the peace, or the apprehending or securing of any person for a breach of the peace, or in any case of escape or rescue, he shall be guilty of a misdemeanor, and, upon conviction, shall be confined in jail not more than six months and be fined not exceeding one hundred dollars.(Code 1849, c. 194, §14; Code 1860, c. 194, §14; Code 1868, c. 147, §14; Code 1923, c. 147, §14.)

§15. Refusal of Person to Execute Order of Arrest by a Justice; Penalty.—If any person, being required by a justice, on view of a breach of the peace or other offense, to bring before him the offender, shall refuse or neglect to obey the justice, he shall be guilty of a misdemeanor, and, upon conviction, shall be punished as provided in the preceding section; and if the justice declare himself to be such, or if he be known to the offender, ignorance of his office shall not be pleaded as an excuse.(Code 1849, c. 194, §15; Code 1860, c. 194, §15; Code 1868, c. 147, §15; Code 1923, c. 147, §15.)

§16. Refusal of Officer to Execute Act or Process of Legislature or Order of Governor; Penalty.—Any officer of this State whose duty it is to execute or enforce any act of the legislature, or any legal process or proceeding arising thereunder, or any lawful order or proclamation of the governor of the State, and who shall willfully neglect or refuse to execute or enforce the same, shall, for every such offense, be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than fifty nor more than five hundred dollars, and may, in the discretion of the court, be imprisoned not exceeding one year.(1866, c. 39, §3; Code 1868, c. 147, §16; Code 1923, c. 147, §16.)

§17. Obstructing Officer; Penalty.—Any person who by threats, menaces, acts or otherwise, shall forcibly or illegally hinder, obstruct, or oppose, or attempt to obstruct or oppose, or shall counsel, advise or invite others to hinder, obstruct or oppose any officer in this State (whether civil or military) in the lawful exercise or discharge of his official duty, shall, for every such offense, be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than fifty nor more than five hundred dollars, and may, in the discretion of the court, be imprisoned not exceeding one year.(1866, c. 39, §4; Code 1868, c. 147, §17; Code 1923, c. 147, §17.)

§18. Officer Not Liable for Act Done Under Statute or Executive Order Afterward Declared Unconstitutional.—No officer in the lawful exercise or discharge of his official duty under any act of the legislature, or any order or proclamation of the governor of this State, shall be held personally responsible therefor in any action, suit, prosecution or proceeding, civil or criminal, by reason of such act, order or proclamation being afterwards adjudged by any court of this State to be unconstitutional. Nor shall his official bond be liable in any civil proceeding therefor.(1866, c. 39, §2; Code 1868, c. 147, §18; Code 1923, c. 147, §18.)

§19. Compounding Offenses and Misprision; Penalties.—If any person, knowing of the commission of an offense, take any money, or reward, or an engagement therefor, upon an agreement or undertaking, expressed or implied, to compound or conceal such offense, or not to prosecute therefor, or not to give evidence thereof, he shall, if such offense be a felony, be guilty of a misdemeanor, and, upon conviction, be confined in jail not more than one year and fined not exceeding five hundred dollars; and if such offense be not a felony, unless it be punishable merely by a forfeiture to him, he may be confined in jail not more than six months, and shall be fined not exceeding one hundred dollars.(Code 1849, c. 194, §16; Code 1860, c. 194, §16; Code 1868, c. 147, §19; Code 1923, c. 147, §19.)

§20. Exacting Excessive Fees; Penalty.—If any officer, for performing an official duty for which a fee or compensation is allowed or provided by law, knowingly demand and receive a greater fee or compensation than is so allowed or provided, he shall be guilty of a misdemeanor, and, upon conviction, shall be fined not exceeding fifty dollars.(Code 1849, c. 194, §17; Code 1860, c. 194, §17; Code 1868, c. 147, §20; Code 1923, c. 147, §20.)

§21. Issuing Fraudulent Fee Bills; Penalty.—If any person authorized by law to charge fees for services performed by him, and to issue fee bills therefor, fraudulently issue a fee bill for a service not performed by him, or for more than he is entitled to, he shall be guilty of a misdemeanor, and, upon conviction, shall be fined not exceeding five hundred dollars; and, in addition thereto, he shall forfeit his office and be forever incapable of holding any office of honor, trust or profit in this State.(Code 1849, c. 194, §§18, 20; Code 1860, c. 194, §§18, 20; Code 1868, c. 147, §§21, 23; Code 1923, c. 147, §§21, 23.)

§22. Alteration, Concealment or Destruction of Public Record by Officer; Penalty.—If any clerk of a court, or other public officer, fraudulently make a false entry, or erase, alter or destroy any record in his keeping and belonging to his office, or shall willfully secrete any such record from any person having the right to inspect the same, he shall be guilty of a misdemeanor, and, upon conviction, shall be confined in jail not more than one year and be fined not exceeding one thousand dollars; and, in addition thereto, he shall forfeit his office and be forever incapable of holding any office of honor, trust or profit in this State.(Code 1849, c. 194, §§19, 20; Code 1860, c. 194, §§19, 20; Code 1868, c. 147, §§22, 23; Code 1923, c. 147, §§22, 23.)

§23. Larceny, Concealment or Destruction of Public Record by Person Other Than an Officer; Penalty.—If any person, other than an officer in lawful charge thereof, steal, fraudulently secrete or destroy, a public record or any part thereof, he shall be guilty of a misdemeanor, and, upon conviction, shall be confined in jail not more than one year and be fined not exceeding one thousand dollars.(Code 1849, c. 194, §21; Code 1860, c. 194, §21; Code 1868, c. 147, §24; Code 1923, c. 147, §24.)

§24. Corrupt Summoning of Jurors to Find Biased Verdict; Penalty.—A sheriff or other officer who, corruptly, or through favor or ill will, shall summon a juror, with intent that such juror shall find a verdict for or against any party to an action, or shall be biased in his conduct as such juror, shall be guilty of a misdemeanor, and, upon conviction, shall be confined in jail not exceeding six months and fined not exceeding five hundred dollars, and shall forfeit his office and be forever incapable of holding any office of honor, trust or profit in this State.(Code 1849, c. 194, §22; Code 1860, c. 194, §22; Code 1868, c. 147, §25; Code 1923, c. 147, §25.)

§25. Procuring the Summoning of Biased Juror by Party Other Than Officer; Penalty.—If any person shall procure or attempt to procure a juror to be summoned, with intent that such juror shall find a verdict for or against either party to an action, or shall be biased in his conduct as such juror, he shall be guilty of a misdemeanor, and, upon conviction, shall be fined not exceeding five hundred dollars.(Code 1849, c. 194, §23; Code 1860, c. 194, §23; Code 1868, c. 147, §26; Code 1923, c. 147, §26.)

§26. Contempt of Court; What Constitutes Contempt; Jury Trial; Presence of Defendant.—The courts and the judges thereof may issue attachments for contempt and punish them summarily only in the following cases: (a) Misbehavior in the presence of the court, or so near thereto as to obstruct or interrupt the administration of justice; (b) 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; (c) misbehavior of an officer of the court, in his official character; (d) disobedience to or resistance of any officer of the court, juror, witness, or other person, to any lawful process, judgment, decree or order of the said court. No court shall, without a jury, for any such contempt as is mentioned in subdivision (a) of this section, impose a fine exceeding fifty dollars, or imprison more than ten days. But in any such case the court may impanel a jury (without an indictment or any formal pleading) to ascertain the fine or imprisonment proper to be inflicted, and may give judgment according to the verdict. No court shall impose a fine for contempt, unless the defendant be present in court, or shall have been served with a rule of the court to show cause, on some certain day, and shall have failed to appear and show cause.(Code 1849, c. 194, §§24-26; Code 1860, c. 194, §§24-26; Code 1868, c. 147, §§27-29; Code 1923, c. 147, §§27-29.)

§27. Intimidation of Judicial Officers, Jurors and Witnesses; Penalty.—If any person by threats, force, or otherwise, intimidate or impede, or attempt to intimidate or impede, any judge, justice of the peace, juror, witness, arbitrator, umpire, or an officer or member of any court in the discharge of his duty as such, or by any means obstruct or impede, or attempt to obstruct or impede, the administration of justice in any court, he shall be guilty of a misdemeanor, and, upon conviction thereof, unless otherwise provided by law, he shall be fined not less than twenty-five nor more than two hundred dollars, and be imprisoned in the county jail not exceeding six months.(Code 1849, c. 194, §27; Code 1860, c. 194, §27; Code 1868, c. 147, §30; 1882, c. 134; Code 1923, c. 147, §30.)

§28. Failure to Perform Official Duties; Penalty.—Any person holding any office or appointment in this State, who shall willfully fail or refuse to perform any duty required of him by law, shall be guilty of a misdemeanor, and, upon conviction thereof, shall, if no other punishment be prescribed by law therefor, be fined not exceeding one hundred dollars.(Code 1868, c. 147, §31; Code 1923, c. 147, §31.)

§1. Riots and Unlawful Assemblages; Suppression.—All judges and justices may suppress riots, routs and unlawful assemblages within their jurisdiction. And it shall be the duty of each of them to go among, or as near as may be with safety, to persons riotously, tumultuously, or unlawfully assembled, and in the name of the law command them to disperse; and if they shall not thereupon immediately and peaceably disperse, such judge or justice giving the command, and any other present, shall command the assistance of all persons present, and of the sheriff of the county, with his posse if need be, in arresting and securing those so assembled. If any person present, on being required to give his assistance, depart, or fail to obey, he shall be deemed a rioter.(Code 1849, c. 195, §1; Code 1860, c. 195, §1; Code 1868, c. 148, §1.)

§2. Commitment and Recognizance of Rioters.—If any person be arrested for a riot, rout, or unlawful assemblage, the judge or justice ordering the arrest, or any other justice, shall commit him to jail, unless he shall enter into a recognizance, with sufficient security, to appear before the court having jurisdiction of the offense, at its next term, to answer therefor, and in the meantime to be of good behavior and to keep the peace.(Code 1849, c. 195, §2; Code 1860, c. 195, §2; Code 1868, c. 148, §2; Code 1923, c. 148, §2.)

§3. Failure of Judge or Justice to Exercise Powers at Riots and Unlawful Assemblages; Penalty.—If any judge or justice have notice of a riotous, tumultuous, or unlawful assemblage in the county in which he resides, and fail to proceed immediately to the place of such assemblage, or as near as he may safely go, or fail to exercise his authority for suppressing it and arresting the offenders, he shall be fined not exceeding one hundred dollars.(Code 1849, c. 195, §3; Code 1860, c. 195, §3; Code 1868, c. 148, §3; Code 1923, c. 148, §3.)

§4. Summoning of Persons to Aid in Supressing Riots and Unlawful Assemblages.—If any person engaged in such assemblage, being commanded, as hereinbefore provided, to disperse, fail to do so without delay, any such judge or justice may require the aid of a sufficient number of persons, in arms or otherwise, and proceed, in such manner as he may deem expedient, to disperse and suppress such assemblage, and arrest and secure those engaged in it.(Code 1849, c. 195, §4; Code 1860, c. 195, §4; Code 1868, c 148, §4; Code 1923, c. 148, §4.)

§5. Death of Person in Suppression of Riot and Unlawful Assemblage.—If, by any means taken under the authority of this article to disperse any such assemblage or arrest those engaged in it, any person present, as spectator or otherwise, be killed or wounded, any judge or justice exercising such authority, and every one acting under his order, shall be held guiltless; and if the judge or justice, or any person acting under the order of either of them, be killed or wounded in taking such means, or by the rioters, all persons engaged in such assemblage shall be deemed guilty of such killing or wounding.(Code 1849, c. 195, §5; Code 1860, c. 195, §5; Code 1868, c. 148, §5; Code 1923, c. 148, §5.)

§6. Destruction of Building by Rioters; Penalty Therefor and for Rioting Without Such Injury.—If any person engaged in a riot, rout or unlawful assemblage, pull down or destroy, in whole or in part, any dwelling house, courthouse, jail, prison, asylum, hospital, school or college building, or any public building of any character, or assist therein, he shall be guilty of a felony, and, upon conviction, shall be confined in the penitentiary not less than one nor more than ten years; and though no such building be injured, every rioter, and every person unlawfully or tumultuously assembled, shall be guilty of a misdemeanor, and, upon conviction, shall be confined in jail not more than one year and fined not exceeding five hundred dollars.(Code 1849, c. 195, §6; Code 1860, c. 195, §6; Code 1868, c. 148, §6; Code 1923, c. 148, §6.)

§7. Conspiracy to Inflict Injury to Persons and Property; Infliction of Injury or Death in Pursuance Thereof; Penalties.—If two or more persons under the name of “Red Men,” “Regulators,” “Vigilance Committee,” or any other name or without a name, combine or conspire together for the purpose of inflicting any punishment or bodily injury upon any other person or persons, or for the purpose of destroying, injurying, defacing, or taking and carrying away any property, real or personal, not their own, every such person, whether he has done any act in pursuance of such combination or conspiracy or not, shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than fifty nor more than five hundred dollars, and may, in the discretion or the court, be confined in jail not less than one nor more than twelve months.

If any person, in pursuance of such combination or conspiracy, shall inflict any punishment or bodily injury upon another person, or shall destroy, injure, deface, or take and carry away, any property, real or personal, not his own, he shall be guilty of a felony, and, upon conviction, shall be confined in the penitentiary not less than one nor more than ten years; and if the death of any person shall result from the commission of such offense, every person engaged in the commission thereof shall be guilty of murder of the first degree, and, upon conviction thereof, punished as in other cases of murder of the first degree. If, upon the trial of an indictment hereunder, it be proved that two or more persons, the defendant being one, were present, aiding and abetting in the commission of the offense charged therein, it shall be presumed that such offense was committed in pursuance of such combination or conspiracy, in the absence of satisfactory proof to the contrary. And all persons who were present, aiding and abetting, at the commission of any offense mentioned herein, shall be deemed conspirators within the meaning hereof.

Persons offending against any of the provisions of this section may be indicted therefor, either jointly or separately.(1882, c. 135, §§9, 10, 12, 13; Code 1923, c. 148, §§9, 10, 12, 13.)

§8. Release or Rescue of Person in Custody Charged or Convicted Under Preceding Section; Penalty.—If any person, by force, or other unlawful means, shall release or rescue, or attempt to release or rescue, a person in prison or other custody, charged with, or convicted of an offense under the provisions of the preceding section of this article, he shall be guilty of a felony, and, upon conviction, shall be confined in the penitentiary not less than one nor more than ten years.(1882, c. 135, §14; Code 1923, c. 148, §14.)

§9. Intimidation of Witness for State in Conspiracy Prosecutions; Penalties.—If any person shall, by threats, menaces, or otherwise, intimidate, or attempt to intimidate, a witness for the State in any prosecution under the provisions of sections seven and eight of this article, for the purpose of preventing the attendance of such witness at the trial of such case, or shall in any way or manner prevent, or attempt to prevent, the attendance of any such witness at such trial, he shall be guilty of a felony, and, upon conviction, shall be confined in the penitentiary not less than one nor more than ten years, or he may, in the discretion of the court, be confined in jail not less than three nor more than twelve months, and fined not less than one hundred nor more than five thousand dollars.(1882, c. 135, §15; Code 1923, c. 148, §15.)

§10. Reward for Arrest in Conspiracy Cases; Employment of Special Policemen and Detectives.—The governor is hereby authorized, whenever in his opinion it is proper to do so, to offer rewards, and employ special policemen and detectives, and to employ any and all means in his power, including the employment of any portion of the military forces of the State, to secure the apprehension of any and all persons belonging to any such unlawful combination or who shall be charged with the commission of any offense mentioned in the seventh, eighth and ninth sections of this article.(1882, c. 135, §16; Code 1923, c. 148, §16.)

§11. Employment of Nonresidents as Police; Penalties.—It shall be unlawful for any officer in this State to knowingly engage or employ any person not a bona fide resident of West Virginia, at the time of such employment, to do or perform any police duty of any sort therein, or in any way to aid or assist in the execution of the laws of this State.

It shall be unlawful for any corporation, company, firm or person, under any circumstances, to knowingly engage or employ any person not a bona fide resident of this State, at the time of such employment, to do or perform police duty of any sort therein, or in any way to aid or assist in the execution of the laws of this State.

It shall be unlawful for any person, not a bona fide resident of this State, as aforesaid, to do or perform, or to attempt to do or perform, any sort of police duty in this State, or, in any way, to aid or assist, or attempt to aid or assist, in the execution of the laws thereof. Any officer, corporation, company, firm or person, violating any of the provisions of this or either of the two preceding paragraphs shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than five hundred nor more than five thousand dollars, and may, at the discretion of the court, be imprisoned in the county jail in the county in which the offense is committed not exceeding twelve months.

All persons violating any of the provisions of the third paragraph of this section shall be taken and deemed to be rioters and shall be proceeded against in all respects as such, as provided for in sections one, two, three, four, five and six of this article. If any person be killed by one or more rioters engaged with him at the time of such riot, such rioter or rioters shall be guilty of murder and punished as provided by law in other cases of murder: Provided, That nothing in this section shall be so construed as to interfere with the right and duty of the governor to call upon the president of the United States for aid in the enforcement of the laws, in cases provided for in the Constitution.(1893, c. 42; Code 1923, c. 148, §16a.)

§12. Mobs and Lynchings; Penalties; Liability of County or City.—Any collection of individuals, five or more in number, assembled for the unlawful purpose of offering violence to the person or property of any one supposed to have been guilty of a violation of the law, or for the purpose of exercising correctional or regulative powers over any person or persons by violence, and without lawful authority, shall be regarded and designated as a “mob” or “riotous assemblage.”

The term “serious injury,” for the purposes of this section, shall include any injury to property which shall cause damage to the owner thereof, or any injury to the person which shall temporarily or permanently disable the person injured from earning a livelihood. The putting to death of any person within this State by a mob or riotous assemblage shall be murder, and every person participating in such mob or riotous assemblage by which a person is put to death shall be guilty of murder, and, upon conviction thereof, shall be punished as tbe law provides in other cases of murder.

Any person or persons who shall compose a mob or riotous assemblage, with the intent to inflict damage or injury to the person or property of any individual charged with crime, or, under the pretense of exercising correctional powers over such person or persons by violence, and without lawful authority, shall be subject to a fine of not less than one hundred nor more than one thousand dollars, and may be imprisoned, in the discretion of the court, in the county jail not less than thirty days nor more than twelve months for each and every offense. Any person or persons who shall compose a mob or riotous assemblage, and who shall inflict damage or injury to the person or property of any individual charged with crime, shall be guilty of a felony, and, upon conviction, shall be confined in the penitentiary not less than one nor more than ten years for each and every offense.

Any person or persons composing a mob or riotous assemblage under the provisions of this section, who shall, by violence, inflict serious injury to the property or to the person of any other person upon the pretense of exercising correctional or regulative powers over such person or persons, and without authority of the law, shall be deemed guilty of a felony, and, upon conviction thereof, shall be confined in the penitentiary not exceeding five years; and any person suffering serious injury to his person or his property by a mob, shall have an action against the county or city in which such serious injury is inflicted, for such damages as he may sustain, to an amount not to exceed five thousand dollars.

The county in which such person charged with a crime has been taken from a state, county or municipal officer, and lynched and put to death, shall be subject to a forfeiture of five thousand dollars, which may be recovered by appropriate action therefor, in the name of the personal representative of the person put to death, for the use of his dependent family or estate. Such action may be brought in any state court. If such forfeiture is not paid upon recovery of judgment therefor, the court rendering such judgment shall have power to enforce the payment thereof, and may compel the levy and collection of a tax therefor, or otherwise compel the payment thereof by mandamus or other appropriate process, and every officer of such county, and every other person who disobeys or fails to comply with any lawful order of the court, shall be liable to punishment according to law as for contempt and to any other penalties provided by law therefor.

The fact that any person so put to death shall have been taken from any state, county or municipal officer in one county, by a mob or riotous assemblage of five or more persons, and transported out of such county before such killing shall have taken place, and the fact that such a killing occurred out of the county from which such person may have been taken from such state, county or municipal officer, shall not relieve such county from which he was taken from the liability provided by this section. And if the person so taken from such officer or officers shall be transported from and put to death and lynched in another county outside of the county wherein he was taken from such officer or officers, no county through which such person may have been transported, or in which such person has been lynched and put to death, shall be liable to damages hereunder, unless it is clearly shown that the officers or citizens in such county or counties participated in, aided, abetted or encouraged such unlawful putting to death.

Every state, county or municipal officer having the duty or power of preservation or conservation of the peace at the time and place of or any such putting to death, or the committing of serious injury to the person or to the property as prescribed in this section, who, having reasonable cause to believe that the same is to be done, or is attempted to be done, and neglects or omits to prevent the same, and every such officer from whose custody such person may be taken by such mob or riotous assemblage, and put to death by the same, or whose property or person suffers serious injury at the hands of such mob or riotous assemblage, shall be guilty of negligence in the discharge of his official duty, and the county or city which shall have been sued and compelled to pay damages as herein provided may recover same from such negligent officer by appropriate action upon his official bond.

In any prosecution for any of the offenses defined herein, and any action for the forfeiture imposed as herein provided, every person who has participated in the lynching or in the putting to death of, or in the infliction of great bodily violence or serious injury to the person or the property of any person, without authority of the law, and every person who entertains or has expressed any opinion in favor of lynching or in the justification or excuse thereof, or whose character, conduct, or opinions have been or are such as, in the judgment of the court, may tend to disqualify him for an impartial and unprejudiced trial of the cause, shall be disqualified to serve as a juror, and in any such action or prosecution, any attorney interested in the case shall be entitled to make full inquiry thereof and to produce evidence thereon; and every person who refuses to answer any inquiry touching his qualifications on the ground that he may thereby incriminate himself shall be disqualified as aforesaid.(1921, c. 96; Code 1923, c. 148, §17.)

§13. Disturbance of Religious Worship; Penalty.—If any person willfully interrupt, molest or disturb any assembly of people met for the worship of God, he shall be guilty of a misdemeanor, and, upon conviction, shall be confined in jail not more than six months and fined not less than twenty-five nor more than one hundred dollars. Any officer may put such offender under restraint during religious worship, and the court trying the case may require bond or recognizance of him for not more than one year to be of good behavior.(Code 1849, c. 196, §18; Code 1860, c. 196, §18; Code 1868, c. 149, §18; 1882, c. 123, §18; Code 1923, c. 149, §18.)

§14. Disturbance of Schools, Societies, and Other Assemblies; Penalty.—If any person willfully interrupt, molest or disturb any free school, Sunday school, or other school, a school exhibition, or any literary society, or any other society or meeting formed or convened for intellectual, social or moral improvement, or for improvement in music, either vocal or instrumental, or for any moral or social amusement, or any other society organized or carried on under or in pursuance of the laws of this State, or any fourth of July celebration, Christmas tree, or church festival, or any other festival, or any society, lawfully carried on, he shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than ten nor more than fifty dollars, and, at the discretion of the court, be confined in jail not more than thirty days in addition to such fine.(1866, c. 34; Code 1868, c. 148, §8; 1882, c. 123, §19; 1887, c. 13; 1901, c. 98; Code 1923, c. 148, §8; c. 149, §19.)

§15. Horse Trading Near Fairs or Religious Meetings.—It shall be unlawful for any person to carry on the business of horse trading upon the highways or roads within one mile of any fair conducted by any state, county, or independent agricultural and mechanical association, agricultural association or industrial association of this State, or of religious camp meeting or other religious association, during the days and times such fair, religious camp meeting or religious association is being held; and any person violating the provisions of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not to exceed fifty dollars for each offense, and may be required to enter into a recognizance in the sum of three hundred dollars, conditioned for his good behavior for three months, and in default of entering into such recognizance, may be committed to jail for ten days, with privilege to file said bond to be approved by any justice of the county during the ten days.[1899, c. 61; Code 1923, c. 149, §22a(4).]

§16. Wearing Hats in Theaters and Places of Amusement; Penalty.—No person attending any performance at any theater, hall or opera house, or any such building where theatrical or other performances are given, when an admission fee is charged, shall wear upon his or her head any hat, bonnet or covering for the head which may obstruct the view of any person or persons during the performance in such theater, hall, opera house or other building where such performance is given; and if any person wear upon his or her head any hat, bonnet or other covering for the head which may obstruct the view of any person or persons, and refuse or fail to remove the same at the request of any person or persons whose view may be obstructed, he or she shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than two nor more than ten dollars.(1897, c. 16; Code 1923, c. 150, §20f.)

§1. Carrying Dangerous or Deadly Weapon Without License; Second Offense a Felony; Penalties.—If any person, without a state license therefor, carry about his person any revolver or other pistol, dirk, bowie knife, slung shot, razor, billy, metallic or other false knuckles, or other dangerous or deadly weapon of like kind or character, he shall be guilty of a misdemeanor, and, upon conviction thereof, shall be confined in the county jail not less than six nor more than twelve months for the first offense; but upon the conviction of the same person for the second offense in this State, he shall be guilty of a felony, and, upon conviction, be confined in the penitentiary not less than one nor more than five years, and, in either case, be fined not less than fifty nor more than two hundred dollars, in the discretion of the court; and it shall be the duty of the prosecuting attorney in all cases to ascertain whether or not the charge made by the grand jury is the first or second offense, and if it shall be the second offense, it shall be so stated in the indictment returned, and the prosecuting attorney shall introduce the record evidence before the trial court of such second offense, and shall not be permitted to use his discretion in charging such second offense nor in introducing evidence to prove the same on the trial: Provided, That boys or girls under the age of eighteen years, upon the second conviction, may, in the discretion of the court, be sent to the industrial schools and homes for boys and girls, respectively, of this State.(1872-3, c. 226, §168; 1882, c. 135, §7; 1909, c. 51; Code 1923, c. 148, §7; 1925, c. 95; 1925, Ex. Sess., c. 3.)

§2. License to Carry Weapons; How Obtained.—Any person desiring to obtain a state license to carry any such weapon as is mentioned in the first section of this article, within one or more counties in this State, shall first publish a notice in one issue of some newspaper published in the county in which he resides, setting forth his name, residence and occupation, and that on a certain day he will apply to the circuit court of his county for such state license; and after the publication of such notice at least ten days before such application is made, and at the time stated in such notice, upon application to such court, it may grant such license to such person, in the following manner, to-wit:

The applicant shall file with such court his application in writing, duly verified, which application shall show:

(a) That such applicant is a citizen of the United States of America;

(b) That the applicant has been a bona fide resident of this State for at least one year next prior to the date of such application, and of the county sixty days next prior thereto;

(c) That the applicant is over twenty-one years of age; that he is a person of good moral character, of temperate habits, not addicted to intoxication, and has not been convicted of a felony or of any offense involving the use on his part of such weapon in an unlawful manner;

(d) The purpose or purposes for which the applicant desires to carry such weapon, the necessity therefor, and the county or counties in which such license is desired to be effective.

Upon the hearing of such application the court shall hear evidence upon all matters stated in such application and upon any other matter deemed pertinent by the court, and if such court be satisfied from the proof that there is good reason and cause for such person to carry such weapon, and all of the other conditions of this article be complied with, the court, or the judge thereof in vacation, may grant such license for such purposes, and no other, as such court, or the judge in vacation, may set out in the license (and the word “court” as used in this article shall include the circuit judge thereof, acting either in term or vacation); but, before such license shall be effective such person shall pay to the sheriff, and the court shall so certify in its order granting the license, the sum of twenty dollars, and shall also file a bond with the clerk of such court, in the penalty of three thousand five hundred dollars, with good security, signed by a responsible person or persons, or by some surety company, authorized to do business in this State, conditioned that such applicant will not carry such weapon except in accordance with his application and as authorized by the court, and that he will pay all costs and damages accruing to any person by the accidental discharge or improper, negligent or illegal use of such weapon or weapons. Any such license granted shall be good for one year, unless sooner revoked, as hereinafter provided, and be coextensive with the county in which granted, and such other county or counties as the court shall designate in the order granting such license; except that regularly appointed deputy sheriffs having license shall be permitted to carry such revolver or other weapons at any any place, within the State, while in the performance of their duties as such deputy sheriffs, and except that any such license granted to regularly appointed railway police shall be coextensive with the State. All license fees collected hereunder shall be paid by the sheriff and accounted for to the auditor as other license taxes are collected and paid, and the state tax commissioner shall prepare all suitable forms for licenses, bonds and certificates showing that such license has been granted and shall do anything else in the premises to protect the State and see to the enforcement of this section.

The clerk of the circuit court shall, immediately after license is granted as aforesaid, furnish the superintendent of the department of public safety a certified copy of the order of the court granting such license, for which service the clerk shall be paid a fee of two dollars which shall be taxed as cost in the proceeding. It shall be the duty of the clerk of each circuit court to furnish to the superintendent of the department of public safety, at any time so required, a certified list of all such licenses issued in his county.(1909, c. 51; Code 1923, c. 148, §7; 1925, c. 95; 1925, Ex. Sess., c. 3.)

§3. Exception as to Persons Carrying Weapons on Own Premises or From Place of Purchase or Repair.—Nothing in this article shall prevent any person from carrying any such weapon as is mentioned in the first section of this article, in good faith and not for a felonious purpose, upon his own premises; nor shall anything herein prevent a person from carrying any such weapon, unloaded, from the place of purchase to his home or residence, or to a place of repair and back to his home or residence; but nothing herein shall be construed to authorize any employee of any person, firm or corporation doing business in this State to carry, on or about the premises of such employer, any such pistol, or other weapon mentioned in this article, for which a license is herein required, without having first obtained the license and given the bond as herein provided.(1909, c. 51; Code 1923, c. 148, §7; 1925, c. 95; 1925, Ex. Sess., c. 3.)

§4. Exception as to Express Company Employees and Railway Police; Bonds.—Nothing in this article shall prevent agents, messengers and other employees of express companies doing business as common carriers, whose duties require such agents, messengers and other employees to have the care, custody or protection of money, valuables and other property for such express companies, from carrying any such weapon while actually engaged in such duties, or in doing anything reasonably incident to such duties; provided such express company shall execute a continuing bond in the penalty of thirty thousand dollars, payable unto the State of West Virginia, and with security to be approved by the secretary of state of West Virginia, conditioned that such express company will pay all damages, accruing to any one by reason of the accidental discharge or improper, negligent or illegal discharge or use of such weapon or weapons by such agent, messenger or other employee while actually engaged in such duties for such express company, or in doing anything that is reasonably incident to such duties; but the amount which may be recovered for the breach of such condition shall not exceed the sum of three thousand five hundred dollars in any one case, and such bond shall be filed with and held by the said secretary of state, for the purpose aforesaid, but, upon the trial of any cause for the recovery of damage upon such bond, the burden of proof shall be upon such express company to establish that such agent, messenger or other employee was not actually employed in such duties for such express company, nor in doing anything that was reasonably incident to such duties at the time such damages were sustained.

Nothing in this article shall prevent railroad police officers, duly appointed and qualified as provided by law in this or any other state, from carrying such weapon or weapons, while actually engaged in their duties or in doing anything reasonably incident to such duties; provided such railroad company shall execute a continuing bond in the penalty of ten thousand dollars, payable unto the State of West Virginia, and with security to be approved by the secretary of state of West Virginia, conditioned that such railroad company will pay all damages accruing to any one by the accidental discharge or improper, negligent or illegal discharge or use of such weapon or weapons by such railroad special police officer, whether appointed in this or some other state, while actually engaged in such duties for such railroad company, or in doing anything that is reasonably incident to such duties; but the amount which may be recovered for breach of such condition shall not exceed the sum of three thousand five hundred dollars in any one case, and such bond shall be filed with and held by the said secretary of state for the purpose aforesaid, but, upon the trial of any such cause for the recovery of damages upon such bond, the burden of proof shall be upon such railroad company to establish that such railroad police officer was not actually employed in such duties for such railroad company nor in doing anything that was reasonably incident to such duties at the time such damages were sustained.(1925, c. 95; 1925, Ex. Sess., c. 3.)

§5. Exception as to Sheriffs and Certain Regularly Appointed Officers and Deputies; Bond; Liability Thereon.—Nothing in this article shall be so construed as to prohibit sheriffs, their regularly appointed deputies, who actually collect taxes in each county, and all constables in their respective counties and districts, and all regularly appointed police officers of their respective cities, towns or villages, all jailers and game protectors who have been duly appointed as such, and members of the department of public safety of this State, from carrying such weapons as they are now authorized by law to carry, who shall have given bond in the penalty of not less than three thousand five hundred dollars, conditioned for the faithful performance of their respective duties, which said officers shall be liable upon their said official bonds, for the damages done by the unlawful or careless use of any such weapon or weapons, whether such bond is so conditioned or not.(1909, c. 51; Code 1923, c. 148, §7; 1925, c. 95; 1925, Ex. Sess., c. 3.)

§6. Exception as to Special Officers in Case of Riots and Emergencies; Liability of Such Persons Using Weapons.—In case of riot, public danger and emergency, a justice of the peace, or other person issuing a warrant, may authorize a special constable and his posse, whose names shall be set forth in such warrant, to carry weapons for the purpose of executing a process, and a sheriff in such cases may authorize a deputy or posse to carry weapons, but the justice shall write in his docket the cause and reasons for such authority and the name or names of the persons so authorized, and index the same, and the sheriff or other officer shall write out and file with the clerk of the county court the reasons and causes for such authority and the name or names of the persons so authorized, and the same shall always be open to public inspection, and such authority shall authorize such special constable, deputies and posses to carry weapons in good faith only for the specific purposes and times named in such authority, and upon the trial of every indictment, the jury shall inquire into the good faith of the person attempting to defend such indictment under the authority granted by such justice, sheriff or other officer, and any such person or persons so authorized shall be personally liable for the injury caused to any person by the negligent or unlawful use of any such weapon or weapons.(1909, c. 51; Code 1923, c. 148, §7; 1925, c. 95; 1925, Ex. Sess., c. 3.)

§7. Revocation of License to Carry Weapons; Notice to Licensee; How License Reinstated.—Any circuit court granting a license to carry any of the weapons mentioned in this article, the governor of the State, or the superintendent of the department of public safety, with the consent of the governor, may, for any cause deemed sufficient by such court, or by the governor, or the superintendent of the department of public safety with the approval of the governor aforesaid, as the case may be, revoke any such license to carry a pistol or other weapon mentioned in this article for which a license is required; and immediate notice of such revocation shall be given such licensee in person, by registered mail, or in the same manner as provided by law for the service of other notices; and no person whose license has been so revoked shall be relicensed within one year thereafter: Provided, That the authority revoking such license may, after a hearing, sooner reinstate such licensee.(1925, Ex. Sess., c. 3.)

§8. Possession of Machine Guns, High Powered Rifles, or Ammunition Therefor; Permits; Aliens May Not Possess Firearms.—It shall be unlawful for any person to carry, transport, or have in his possession, any machine gun, submachine gun, or what is commonly known as a high powered rifle, or any gun of similar kind or character, or any ammunition therefor, except on his own premises or premises leased to him for a fixed term, until such person shall have first obtained a permit from the superintendent of the department of public safety of this State, and approved by the governor, or until a license therefor shall have been obtained from the circuit court as in the case of pistols, and all such licenses, together with the numbers identifying such rifles, shall be certified to the superintendent of the department of public safety: Provided, That nothing herein contained shall prevent the use of rifles by bona fide rifle club members who are freeholders or tenants for a fixed term in this State, at their usual or customary place of practice, or licensed hunters in the actual hunting of game animals. No such permit shall be granted by said superintendent except in cases of riot, public danger, and emergency, until such applicant shall have filed his written application with said superintendent, in accordance with the rules and regulations that may be from time to time prescribed by said department of public safety relative thereto, which application shall be accompanied by a fee of two dollars to be used in defraying the expense of issuing such permit, and such application shall contain the same provisions as are required to be shown under the provisions of section two of this article, by applicants for pistol license, and shall be duly verified by such applicant, and at least one other reputable citizen of this State. Any such permit as granted under the provisions of this section may be revoked by the governor at his pleasure, and upon the revocation of any such permit, the department of public safety shall immediately seize and take possession of any such machine gun, sub-machine gun, high powered rifle, or gun of similar kind and character, held by reason of such permit, and any and all ammunition therefor; and the department of public safety shall also confiscate any such machine gun, sub-machine gun, and what is commonly known as a high powered rifle, or any gun of similar kind and character, and any and all ammunition therefor, so owned, carried, transported or possessed contrary to the provisions of this section, and shall safely store and keep the same, subject to the order of the governor.

No alien shall own, keep or possess any firearm of any kind or character.(1925, Ex. Sess., c. 3.)

§9. Display of Dangerous Weapons for Sale or Hire; Sale to Unnaturalized Person; Penalties.—It shall be unlawful for any person, firm or corporation to place or keep on public display to passersby on the streets, roads or alleys, for rent or sale, any revolver, pistol, dirk, bowie knife, slung shot, or other dangerous weapons of like kind or character, or any machine gun, sub-machine gun or high powered rifle, or any gun of similar kind or character, or any ammunition for the same. All dealers licensed to sell any of the foregoing arms or weapons shall take the name, address, age and general appearance of the purchaser, as well as the maker of the gun, manufacturer’s serial number and the caliber, and report the same at once in writing to the superintendent of the department of public safety. It shall be unlawful for any person to sell, rent, give or lend any of the arms mentioned in this article to an unnaturalized person.

Any person violating the provisions of this or the preceding section shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than fifty nor more than three hundred dollars, or confined in the county jail not less than thirty days nor more than six months, or both fined and imprisoned, in the discretion of the court.(1925, Ex. Sess., c. 3.)

§10. Brandishing or Exposing Weapon Threatening or Causing Breach of the Peace; Penalty.—It shall be unlawful for any person armed with a pistol, gun, or other dangerous or deadly weapon, whether licensed to carry the same or not, to carry, expose, brandish, or use such weapon in a way or manner to cause, or threaten, a breach of the peace. Any person violating this section shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than fifty nor more than three hundred dollars, or imprisoned in the county jail not less than thirty nor more than ninety days, or both fined and imprisoned, in the discretion of the court.(1925, Ex. Sess., c. 3.)

§11. Negligent Shooting, Wounding or Killing of Human Being or Live Stock, While Hunting; Penalty.—It shall be unlawful for any person, while engaged in hunting or pursuing game animals, game birds or game fowl, carelessly or negligently to shoot, wound or kill any human being, or any live stock, or destroy or injure any other chattels or property, and any person violating this section shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not exceeding one thousand dollars, and, in the discretion of the court trying the case, may in addition thereto be confined in the county jail for a period not exceeding one year.(1909, c. 60, §42; 1921, c. 116, §26; Code 1923, c. 62, §26.)

§12. Shooting Across Road or Near Building or Crowd; Penalty.—It shall be unlawful for any person to shoot or discharge any firearms across or in any public road in this State, at any time, or within four hundred feet of any schoolhouse or church, or within five hundred feet of any dwelling house, or on or near any park or other place where persons gather for purposes of pleasure, and any person violating this section shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than ten nor more than one hundred dollars, or, at the discretion of the court, may be imprisoned in the county jail not more than one hundred days for each offense.(1875, c. 117, §4; 1882, c. 89, §13; 1901, c. 89, §13; 1909, c. 60, §50; 1921, c. 116, §27; Code 1923, c. 62, §27.)

§13. Duty of Officers and Other Persons to Report Violations; Penalty for Failure to Report.—It shall be the duty of all ministerial officers, consisting of justices of the peace, notaries public and other conservators of the peace of this State, to report to the prosecuting attorney of the county the names of all persons guilty of violating any of the provisions of this article, and any person wilfully failing so to do shall be guilty of a misdemeanor, and, upon conviction, shall be fined not exceeding two hundred dollars, and shall, moreover, be liable to removal from office for such willful failure. It shall likewise be the duty of every person having knowledge of the violation of any of the provisions of this article to report the same to the prosecuting attorney, and to freely and fully give evidence concerning the same, and any one faling so to do shall be guilty of a misdemeanor, and, upon conviction, shall be fined not exceeding one hundred dollars.(1909, c. 51; Code 1923, c. 148, §7; 1925, c. 95; 1925, Ex. Sess., c. 3.)

§1. Bigamy; Penalty.—Any person, being married, who, during the life of the former husband or wife, shall marry another person in this State, or, if the marriage with such other person take place out of this State, shall thereafter cohabit with such other person in this State, shall be guilty of a felony, and, upon conviction, shall be confined in the penitentiary not less than one nor more than five years(Code 1849, c. 196, §1; Code 1860, c. 196, §1; Code 1868, c. 149, §1; 1882, c. 123, §1; Code 1923, c. 149, §1.)

§2. Bigamy; Effect of Absence, Divorce or Void Marriage.—The preceding section shall not extend to a person whose former husband or wife has been continuously absent from such person for seven years next before the marriage of such person to another, and shall not have been known by such person to be living within that time; nor to a person who shall, at the time of the subsequent marriage, have been divorced from the bond of the former marriage, and the term fixed by the decree of the court granting the divorce, in which the parties may not remarry save to each other, shall have elapsed, or whose former marriage shall, at that time, have been declared void by the sentence of a court of competent jurisdiction.(Code 1849, c. 196, §2; Code 1860, c. 196, §2; Code 1868, c. 149, §2; 1882, c. 123, §2; Code 1923, c. 149, §2.)

§3. Adultery and Fornication; Penalty.—If any person commit adultery or fornication, he shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than twenty dollars.(Code 1849, c. 196, §6; Code 1860, c. 196, §6; Code 1868, c. 149, §6; 1882, c. 123, §6; Code 1923, c. 149, §6.)

§4. Lewd and Lascivious Cohabitation and Conduct; Penalty; When Persons Presumed to be Unmarried.—If any persons, not married to each other, lewdly and lasciviously associate and cohabit together, or, whether married or not, be guilty of open or gross lewdness and lasciviousness, they shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than fifty dollars, and may, in the discretion of the court, be imprisoned not exceeding six months, and, upon a repetition of the offense, they shall, upon conviction, be confined in jail not less than six nor more than twelve months. In prosecutions for adultery and fornication, and for lewdly and lasciviously cohabiting together, the persons named in the indictment shall be presumed to be unmarried persons in the absence of proof to the contrary.(Code 1849, c. 196, §7; Code 1860, c. 196, §7; Code 1868, c. 149, §7; 1882, c. 123, §7; Code 1923, c. 149, §7.)

§5. Houses of Ill Fame and Assignation; Penalties; Jurisdiction of Justices Limited.—If any person keep a house of ill fame or assignation house, or house of like character, he shall be guilty of a misdemeanor, and, upon conviction, shall be fined not exceeding two hundred dollars, and may, in the discretion of the court, be confined in the county jail not exceeding one year. Every person who shall knowingly lease or let to another any house or other building for the purpose of being used or kept as a house of ill fame, assignation house, or house of like character, or if any person knowingly permit any house owned by him or under his control to be used or kept as a house of ill fame, assignation house, or house of like character, he shall be punished as hereinbefore provided for any person who keeps a house of ill fame, assignation house, or house of like character, and each day such house is so used and kept shall constitute a separate offense; and all leases and agreements for letting or renting such house shall be void. If any person live, loiter or board in a house of ill fame, assignation house, or house of like character, he shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than twenty-five dollars, and may, in the discretion of the court, be confined in jail not exceeding two months. Justices of the peace shall have no jurisdiction to issue warrants for the arrest of any person charged with said offenses; nor shall they have jurisdiction to apprehend or hold preliminary examinations of such person or persons in any city or town having a populaton of twenty-five thousand or more. In any prosecution for keeping, leasing or renting such house of ill fame, assignation house, or house of like character, or for knowingly permitting the same to be kept, the general character of such house may be shown in evidence.(Code 1860, c. 196, §10; Code 1868, c. 149, §10; 1882, c. 123, §10 ; 1893, c. 8, §10; 1897, c. 35, §10; Code 1923, c. 149, §10.)

§6. Detention of Female in Place of Prostitution.—Whoever shall by any means keep, hold, detain against her will or restrain any female person in a house of prostitution or other place where prostitution is practiced or allowed; or whoever shall, directly or indirectly, keep, hold, detain or restrain, or attempt to keep, hold, detain or restrain, in any house of prostitution or other place where prostitution is practiced or allowed, any female person, by any means, for the purpose of compelling such female person, directly or indirectly, to pay, liquidate or cancel any debt, dues or obligations incurred or said to have been incurred by such female person, shall, upon conviction for the first offense under this section, be punished by imprisonment in the county jail for a period of not less than six months nor more than one year, and by a fine of not less than one hundred nor more than five hundred dollars, and upon conviction for any subsequent offense under this section shall be punished by imprisonment in the penitentiary for not less than one nor more than three years.(1911, c. 21; Code 1923, c. 144, §16a.)

§7. Procuring Female for House of Prostitution; Venue; Competency of Such Female as Witness; Marriage no Defense.—Any person who shall procure a female inmate for a house of prostitution, or who, by promises, threats, violence, or by any device or scheme, shall cause, induce, persuade or encourage a female person to become an inmate of a house of prostitution, or shall procure a place as inmate in a house of prostitution for a female person; or any person who shall, by promises, threats, violence, or by any device or scheme cause, induce, persuade or encourage an inmate of a house of prostitution to remain therein as such inmate; or any person who shall, by fraud or artifice, or by duress of person or goods, or by abuse of any position of confidence or authority, procure any female person to become an inmate of a house of ill fame, or to enter any place in which prostitution is encouraged or allowed within this State, or to come into or leave this State for the purpose of prostitution, or who shall procure any female person who has not previously practiced prostitution to become an inmate of a house of all fame within this State, or to come into or leave this State for the purpose of prostitution; or shall receive or give or agree to receive or give any money or thing of value for procuring or attempting to procure any female person to become an inmate of a house of ill fame within this State, or to come into or leave this State for the purpose of prostitution, shall be guilty of pandering, and, upon a first conviction for an offense under this section, shall be punished by imprisonment in the county jail for a period of not less than six months nor more than one year, and by a fine of not less than one hundred nor more than five hundred dollars, and upon conviction for any subsequent offense under this section shall be punished by imprisonment in the penitentiary for a period of not less than one nor more than five years.

It shall not be a defense to prosecution for any of the acts prohibited in this section that any part of such act or acts shall have been committed outside of this State, and the offense shall in such case be deemed and alleged to have been committed and the offender tried and punished in any county in which the prostitution was intended to be practiced, or in which the offense was consummated, or any overt act in furtherance of the offense was committed.

Any such female person shall be a competent witness in any prosecution under this section to testify for or against the accused as to any transaction, or as to conversation with the accused, or by him with another person or persons in her presence, notwithstanding her having married the accused before or after the violation of any of the provisions of this section, whether called as a witness during the existence of the marriage or after its dissolution. The act or state of marriage shall not be a defense to any violation of this section.[1911, c. 22; Code 1923, c. 144, §§16b(1)-16b(4).]

§8. Receiving Support From Prostitution of Female; Pimping; Penalty; Prostitute May Testify.—Any male person who, knowing a female person to be a prostitute, shall live or derive support or maintenance, in whole or in part, from the earnings or proceeds of the prostitution of such prostitute, or from money loaned or advanced to or charged against such prostitution by any keeper or manager or inmate of a house or other place where prostitution is practiced or allowed, or shall tout or receive compensation for touting for such prostitution, shall be guilty of pimping, and, upon the first conviction for such offense, shall be punished by imprisonment in the county jail for a period of not less than six months nor more than one year, and by a fine of not less than one hundred nor more than five hundred dollars; and, upon a conviction for any subsequent offense hereunder, shall be punished by imprisonment in the penitentiary for a period of not less than one nor more than three years. Any such female person referred to herein shall be a competent witness in any prosecution hereunder to testify for or against the accused as to any transaction or conversation with the accused, or by him with another person or persons in her presence, notwithstanding she may have married the accused before or after the violation of any of the provisions of this section, whether called as a witness during the existence of the marriage or after its dissolution.(1911, c 23; Code 1923, c. 149, §10a.)

§9. Vehicles in Aid of Prostitution; Penalty; Jurisdiction of Justices.—Any owner, lessee, operator, or person in charge or control of any taxicab, jitney bus, or other vehicle, who shall knowingly use or permit the same to be used in any manner as a means or aid in promoting prostitution or illicit sexual intercourse, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than ten nor more than one hundred dollars, or imprisoned in the county jail for a period of not more than thirty days, or both fined and imprisoned, in the discretion of the court. Justices of the peace shall have jurisdiction to try and determine cases arising under this section.(1923, c. 57.)

§10. Administering Anaesthetics to Females Save in Presence of Third Person; Penalty.—It shall be unlawful for any physician, dentist or other person to administer chloroform, ether, or any anaesthetic whatsoever, whereby sleep or total loss of sensation or consciousness may be produced, to any female person, unless in the presence of some third person. Any person offending against this section shall be guilty of a misdemeanor, and, upon conviction, shall be fined not exceeding one hundred dollars or be confined in jail not exceeding sixty days, or both fined and imprisoned, in the discretion of the court.(1897, c. 11; Code 1923, c. 150, §20g.)

§11. Obscene Literature, Books and Pictures; Penalty.—If any person import, print, publish, sell or distribute any book or other thing containing obscene language, or any print, picture, figure or description manifestly tending to corrupt the morals of youth, or tending to corrupt the public morals, or introduce into any family, school or place of education, or buy or have in his possession, any such thing, for the purpose of sale, exhibition or circulation, or with intent to introduce it into any family, school or place of education, he shall be guilty of a misdemeanor, and, upon conviction, shall be confined in jail not more than one year and fined not exceeding one thousand dollars.(Code 1849, c. 196, §11; Code 1860, c. 196, §11; Code 1868, c. 149, §11; 1882, c. 123, §11; Code 1923, c. 149, §11.)

§12. Incest; Penalty.—If any male person shall have sexual intercourse with his mother, sister or daughter, or with the daughter of his brother or sister, or if any female person shall have sexual intercourse with her father, brother or son, or with the son of her brother or sister, every such person shall be guilty of a felony, and, upon conviction, shall be confined in the penitentiary not less than five nor more than ten years.(1882, c. 123, §22; Code 1923, c. 149, §22.)

§13. Crimes Against Nature.—If any person shall carnally know in any manner any brute animal, or carnally know any male or female person by the anus or by or with the mouth, or voluntarily submit to such carnal knowledge, he or she shall be guilty of a felony, and, upon conviction thereof, shall be confined in the penitentiary not less than one nor more than ten years.(Code 1849, c. 196, §12; Code 1860, c. 196, §12; Code 1868, c. 149, §12; 1882, c. 123, §12; Code 1923, c. 149, §12.)

§14. Disinterment or Displacement of Dead Body or Part Thereof; Penalty.—If any person unlawfully disinter or displace a dead human body, or any part of a dead human body, which shall have been placed or deposited in any vault, mausoleum, or any temporary or permanent burial place, he shall be guilty of a felony, and, upon conviction, shall be confined in the penitentiary not less than two nor more than five years.(Code 1849, c. 196, §13; Code 1860, c. 196, §13; Code 1868, c. 149, §13; 1882, c. 123, §13; Code 1923, c. 149, §13.)

§15. Profane Swearing and Drunkenness; Penalty.—If any person arrived at the age of discretion profanely curse or swear or get drunk in public, he shall be fined by a justice one dollar for each offense.(Code 1849, c. 196, §15; Code 1860, c. 196, §15; Code 1868, c. 149, §15; 1882, c. 123, §15; Code 1923, c. 149, §15.)

§16. Profanity or Vulgar or Indecent Language Over Telephone; Penalty.—If any person shall profanely curse, swear or abuse another, or use profane, indecent or vulgar language over any telephone wire or system in this State, or, being in this State, shall use such language while talking to another person or persons out of the State, he shall be guilty of a misdemeanor, and, upon conviction, shall be fined not more than one hundred dollars.

§17. Labor on Sabbath Day; Shooting or Carrying Firearms on Same; Penalty.—If any person, on a Sabbath day, be found laboring at any trade or calling, or employ his minor children, apprentices or servants in labor or other business, except in household or other work of necessity or charity, he shall be guilty of a misdemeanor, and, upon conviction, shall be fined not more than fifteen dollars for each offense; and every day any such minor child, servant or apprentice is so employed shall constitute a separate and distinct offense. And any person found shooting or carrying firearms on the Sabbath day shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than ten dollars.(Code 1849, c, 196, §16; Code 1860, c. 196, §16; Code 1868, c. 149, §16; 1882, c. 123, §16; Code 1923, c. 149, §16; 1929, c. 44.)

§18. Limitation of Preceding Section; Contract Made on Sabbath Day Valid.—No forfeiture shall be incurred or conviction had under the preceding section for the transportation on the Sabbath day of the mail, or of passengers and their baggage carried by any mode of public conveyance, or for running any railroad train, traction car or system, automobile or other motor car carrying passengers for pleasure or hire, steamboat or other boat used in carrying passengers or freight, on the Sabbath day, or for carrying firearms or shooting on that day, by any person having the right so to do under the laws of the United States or of this State; and no forfeiture shall be incurred or conviction had under the preceding section by or of any person who conscientiously believes that the seventh day of the week ought to be observed as a Sabbath and actually refrains from all secular business and labor on that day, provided he does not compel any apprentice or servant not of his belief to do secular work or business on Sunday, and does not on that day disturb any other person in his observance of the same. No contract shall be deemed void because it is made on the Sabbath day.(Code 1849, c. 196, §17; Code 1860, c. 196, §17; Code 1868, c. 149, §17; 1882, c. 123, §16; Code 1923, c. 149, §17.)

§19. Cruelty to Animals; Pitting Animals Against Each Other in Fight; Penalties.—If any person shall cruelly, unnecessarily or needlessly beat, torture, torment, mutilate, kill, or overload, overdrive, or willfully deprive of necessary sustenance, any horse or other domestic animal, whether such horse or other animal be his own or that of another person, or shall impound or confine any such animal in any place and fail to supply the same with a sufficient quantity of good, wholesome food and water, or shall carry in or upon any vehicle, or otherwise, any such animal in a cruel or inhuman manner, or knowingly feed a cow on food that produces impure or unwholesome milk, or shall abandon to die any maimed, sick, infirm or diseased animal, or shall be engaged in or employed at cock fighting, dog fighting, bear baiting, pitting one animal to fight against another of the same or different kind, or any similar cruelty to animals, or shall receive money for the admission of any person, or shall knowingly purchase an admission, to any place kept for such purpose, or shall use, train or possess a dog or other animal for the purpose of seizing, detaining, or maltreating any other domestic animal, he shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than five nor more than one hundred dollars, and, in the discretion of the court or justice, may be imprisoned in the county jail not exceeding six months.(Code 1849, c. 196, §14; Code 1860, c. 196, §14; Code 1868, c. 149, §14; 1875, c. 74; 1882, c. 123, §14; 1897, c. 32; Code 1923, c. 149, §14.)

§20. Keeping Live Birds to be Shot at.—Whoever keeps or uses a live bird to be shot at either for amusement or as a test of skill in marksmanship, or shoots at a bird kept or used as aforesaid, or is a party to such shooting, or lets any building, room, field, or premises, or knowingly permits the use thereof, for the purpose of such shooting, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by fine of not more than fifty dollars or by imprisonment for not more than one month, or by both. Nothing herein contained shall apply to the shooting of wild game.(1923, c. 47, §14i)

§21. Search Warrants Relating to Cruelty to Animals.—If complaint is made to a court or magistrate which is authorized to issue warrants in criminal cases that the complainant believes, and has reasonable cause to believe, that the laws relative to cruelty to animals have been or are violated in any particular building or place, such court or magistrate, if satisfied that there is reasonable cause for such belief, shall issue a search warrant authorizing any sheriff, deputy sheriff, constable or police officer to search such building or place; but no such search shall be made after sunset, unless specially authorized by the magistrate upon satisfactory cause shown.(1923, c. 47, §14h.)

§22. Search Warrants Relating to Birds and Animals Kept for Fighting.—If complaint is made to a court or magistrate authorized to issue warrants in criminal cases that the complainant believes, and has reasonable cause to believe, that preparations are being made for an exhibition of the fighting of birds, dogs, or other animals, or that such exhibition is in progress, or that birds, dogs, or other animals are kept or trained for fighting at any place or in any building or tenement, such court or magistrate, if satisfied that there is reasonable cause for such belief, shall issue a search warrant authorizing any sheriff, deputy sheriff, constable, or police officer, to search such place, building, or tenement at any hour of the day or night, and take possession of all such birds, dogs or other animals there found, and to arrest all persons there present at any such exhibition or where preparations for such an exhibition are being made, or where birds, dogs, or other animals are kept or trained for fighting.(1923, c. 47, §14j.)

§23. Search Without Warrant Where There is an Exhibition of the Fighting of Birds or Animals.—Any officer authorized to serve criminal process may, without warrant, enter any place, building, or tenement in which there is an exhibition of the fighting of birds, dogs, or other animals, or in which preparations are being made for such an exhibition and arrest all persons there present and take possession of and remove from the place of seizure the birds, dogs, or other animals engaged in fighting, or there found and intended to be used or engaged in fighting, or kept or trained for fighting and hold the same in custody subject to the order of the court as hereinafter provided.(1923, c. 47, §14k.)

§24. Cruelty to Children.—Any person who shall cruelly ill treat, abuse, or inflict unnecessarily cruel punishment upon, any infant or minor child, and any person, having the care, custody or control of any minor child, who shall willfully abandon or neglect the same, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than ten nor more than fifty dollars for each offense.[1901, c. 14, §1; Code 1923, c. 144, §16d(1).]

§25. Requiring Children to Beg, Sing, or Play Musical Instruments in Streets.—Any person, having the care, custody, or control, lawful or unlawful, of any minor child under the age of eighteen years, who shall use such minor, or apprentice, give away, let out, hire or otherwise dispose of, such minor child to any person, for the purpose of singing, playing on musical instruments, begging, or for any mendicant business whatsoever in the streets, roads, or other highways of this State, and any person who shall take, receive, hire, employ, use or have in custody, any minor for the vocation, occupation, calling, service or purpose of singing, playing upon musical instruments, or begging upon the streets, roads or other highways of this State, or for any mendicant business whatever, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than five nor more than one hundred dollars.[1901, c. 14, §3; Code 1923, c. 144, §16d(3).]

§26. Permitting Children to Sing, Dance or Act in Dance House.—Any person, having the care, custody, or control of any minor child under the age of fifteen years, who shall in any manner sell, apprentice, give away or permit such child to sing, dance, act, or in any manner exhibit it in any dance house, concert saloon, theater or place of entertainment where wines or spirituous or malt liquors are sold or given away, or with which any place for the sale of wines or spirituous or malt liquors is directly or indirectly connected by any passage way or entrance, and any proprietor of any dance house whatever, or any such concert saloon, theater, or place of entertainment, so employing any such child, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than five nor more than one hundred dollars for each offense.[1901, c. 14, §4; Code 1923, c. 144, §16d(4).]

§27. Unlawful Admission of Children Therein.—Any proprietor or any person in charge of a dance house, concert saloon, theater, museum, or similar place of amusement, or other place, where wines or spirituous or malt liquors are sold or given away, or any place of entertainment injurious to health or morals, who admits or permits to remain therein any minor under the age of eighteen years, unless accompanied by his or her parent or guardian, shall be guilty of a misdemeanor, and, on conviction thereof, shall be punished by a fine not exceeding two hundred dollars.[1901, c. 14, §5; Code 1923, c. 144, §16d(5).]

§1. Definition of Terms.—For the purposes of this article the terms “place,” “person,” “nuisance” are defined as follows: “Place” shall include any building, structure, erection or place, or any separate part or portion thereof, or the ground itself; “person” shall include any individual, corporation, association, partnership, trustee, lessee, agent or assignee; “nuisance” shall mean any place as above defined in or upon which lewdness, assignation, or prostitution is conducted, permitted, continued or exists, and the personal property and contents used in conducting or maintaining any such place for any such purpose.(1925, c. 19, §1.)

§2. Maintenance of Nuisance; Injunction.—Any person who shall use, occupy, establish or conduct a nuisance as defined in section one, or aid or abet therein, and the owner, agent, or lessee of any interest in any such nuisance, together with the person employed in or in control of any such nuisance, by any such owner, agent, or lessee, shall be guilty of maintaining a nuisance and shall be enjoined as hereinafter provided.(1925, c. 19, §2.)

§3. Suit to Enjoin; by Whom Instituted.—Whenever a nuisance exists, the attorney general of the State, the prosecuting attorney of the county wherein the same exists, or any person who is a citizen, resident or taxpayer of the county, may bring suit in equity in the name of the State of West Virginia, upon the relation of such attorney general, prosecuting attorney, or any person, to abate such nuisance and to perpetually enjoin the person or persons maintaining the same from further maintenance thereof.(1925, c. 19, §3.)

§4. Venue; Procedure; Temporary Injunction; Order Closing Place; Vacation of Orders; Bond.—Such suit shall be brought in the circuit court of the county in which the property is located, or in any other court of the county having equity jurisdiction. The bill of complaint and other pleadings, and all proceedings in the case, shall conform to the law of the State with respect to equity procedure and to the rules and principles governing courts of equity, except so far as otherwise herein provided.

At the time of the commencement of the suit, or at any time during the pendency thereof, the plaintiff or his attorney may file in the office of the clerk of the county court of the county in which such property is located a memorandum or notice setting forth the title of the case, the court in which it is pending, the general object of the suit, a brief description of the property to be affected thereby, and the name of the person or persons whose estate is intended to be affected by such suit. Such notice shall immediately be recorded by the clerk of the county court in the deed book, and he shall index the same in the name of all the parties whose interest in such property is to be affected; and such notice shall, from and after its recordation, be notice to all purchasers of such property of the pendency of such suit.

Upon the application for an injunction in such suit, the court or judge may, in his discretion, enjoin the defendants and all other persons from removing or in any manner interfering with the personal property and contents of the place where such nuisance is alleged to exist, until the final decision of the case. A copy of such injunction order may be posted in a conspicuous place upon the premises proceeded against, and any person thereafter removing or interfering with such property shall be guilty of a violation of such injunction, and any person removing or mutilating such copy of the order so posted, while the same remains in force, shall be guilty of contempt of court, provided such posted notice or order contains thereon or therein a notice to that effect. The officer serving such injunction order shall forthwith make and return into court an inventory of the personal property and contents situated in the building or place proceeded against and used in conducting or maintaining such nuisance.

If, at the time of granting a temporary injunction, the same shall appear proper, the court or judge granting the same may order the place proceeded against to be closed and not used for any purpose until the final decision of the case: Provided, however, That the owner of any property so closed or restrained may appear at any time before final hearing and decision, and upon payment of all the costs incurred, and upon the filing of a bond, with sureties to be approved by the clerk, in the amount of the full value of the property, to be ascertained by the court or judge, conditioned that such owner will immediately abate the nuisance and prevent the same from being established or kept until final decision of the case, then and in that case the court or judge, if satisfied of the good faith of the owner of the real or personal property and of his innocence of any knowledge of the use of such property as a nuisance, and that with reasonable care and diligence such owner could not have known thereof, may deliver such property to the owner thereof and vacate any order theretofore made for the closing of such real property, or restraining the removal or interference with such personal property. The release of any real or personal property under the provision of this section, however, shall not release it from any judgment, lien, penalty or liability to which it may be subject by law.(1925, c. 19, §4.)

§5. Prima Facie Evidence of Nuisance; Prosecution of Complaint; Dismissal; Costs; Permanent Injunction.—In such suit evidence of the general reputation of the place, or an admission or finding of guilt of any person under the criminal laws against prostitution, lewdness or assignation at any such place, shall be admissible for the purpose of proving the existence of such nuisance, and shall be prima facie evidence of such nuisance and of knowledge thereof and acquiescence and participation therein on the part of the person or persons charged with maintaining such nuisance as herein defined. If the complaint is filed by a person who is a citizen, resident or taxpayer of the county, it shall not be dismissed except upon a sworn statement by the complainant and his or its attorney, setting forth the reasons why the action should be dismissed and the dismissal approved by the prosecuting attorney in writing or in open court. If the court or judge is of opinion that the action ought not to be dismissed, he may direct the prosecuting attorney to prosecute such action to judgment at the expense of the county, and if any such action is continued more than one term of court, any person who is a citizen, resident or taxpayer of the county, or the attorney general, or the prosecuting attorney, may be substituted for the complainant and prosecute such suit to final decree. If the suit is brought by any person who is a citizen, resident or taxpayer of the county and the court finds and enters of record in the case that there were no reasonable grounds or cause for such suit, the costs may be taxed to such person. If the existence of the nuisance be established upon the trial, a decree shall be entered which shall perpetually enjoin the defendants and any other person or persons from further maintaining the nuisance at the place complained of and the defendants from maintaining such nuisance elsewhere within the county.(1925, c. 19, §5.)

§6. Order of Abatement; Sale of Personal Property; Renewal of Bond or Continuance of Closing Order; Release of Property; Breaking in or Entering Closed Property; Sheriff’s Fees.—If the existence of such nuisance be admitted or established in a suit as provided in this article, an order of abatement shall be entered as part of the decree in the case, which order shall direct the removal from the place of all personal property and contents used in conducting the nuisance, and not already released by and under the authority of the court as provided in section four of this article, and shall direct the sale of such thereof as belongs to the defendants notified or appearing in the manner provided for the sale of personal property under execution. Such order shall also require the renewal for one year of any bond furnished by the owner of the real property as provided in section four, or, if not so furnished, shall continue for one year any closing order issued at the time of granting the temporary injunction, or, if no such closing order was then issued, shall include an order directing the effectual closing of the place against its use for any purpose, and so keeping it closed for a period of one year unless sooner released: Provided, however, That the owner of any place so closed and not released under bond as hereinbefore provided may then or thereafter appear and obtain such release in the manner and upon fulfilling the requirements as hereinbefore provided. The release of the property under the provisions of this section shall not release it from any judgment, lien, penalty, or liability, to which it may be subject by law. Owners of unsold personal property and contents so seized shall appear and claim the same within ten days after such order of abatement is made, and if it has not been proved to the satisfaction of the court that such owner had knowledge of such use thereof, or, that with reasonable care and diligence, he could not have known thereof, such unsold personal property and contents shall be delivered to the owner, otherwise it shall be sold as hereinbefore provided. If any person shall break and enter or use any place so directed to be closed, he shall be punished as for contempt as provided hereinafter, in addition to any other penalties imposed by law. For removing and selling personal property and contents, the sheriff shall be entitled to charge and receive the same fees as he would for levying upon and selling like property on execution; and for closing the place and keeping it closed, a reasonable sum shall be allowed by the court.(1925, c. 19, §6.)

§7. Nuisance Disclosed in Criminal Proceedings; Proceeds From Sale of Personal Property.—In case the existence of such nuisance is established in a criminal proceeding in a court not having equitable jurisdiction, it shall be the duty of the prosecuting attorney to proceed promptly under this article to enforce the provisions and penalties thereof, and the finding of the defendant guilty in such criminal proceedings of any offense herein declared to be a nuisance, unless reversed or set aside, shall be conclusive as against such defendant as to the existence of the nuisance. The proceeds of the sale of the personal property, as provided in the preceding section of this article, shall be applied in payment of the costs of the suit and abatement, including the complainant’s costs, or so much of the proceeds as may be necessary, except as hereinafter provided.(1925, c. 19, §7.)

§8. Violation of Injunction or Closing Order ; Trial; Penalty.—In case of the violation of any injunction or closing order granted under the provisions of this article, or the commission of any contempt of court in proceedings under this article, the court, or a judge thereof in vacation, may summarily try and punish the offender. The proceedings shall conform to the practice in other suits in equity for violations of injunctions, and proceedings for contempt of court. The trial may be had upon affidavits, or either party may demand the production and oral examination of the witnesses. A party found guilty of contempt under the provisions of this article shall be punished by a fine of not less than one hundred nor more than one thousand dollars, or by imprisonment in the county jail not more than six months, or by both such fine and imprisonment.(1925, c. 19, §8.)

§9. Permanent Injunction; Tax Imposed on Property.—Whenever a permanent injunction is granted against any person or persons for maintaining a nuisance as in this article defined, there shall be imposed upon such nuisance and against the person or persons maintaining the same a tax of three hundred dollars: Provided, however, That such tax may not be imposed upon the personal property or against the owner or owners thereof who have proven innocence as hereinbefore provided, or upon the real property or against the owner or owners thereof who shall show to the satisfaction of the court or judge thereof, at the time of the granting of the permanent injunction, that he or they have in good faith permanently abated the nuisance complained of. The imposition of such tax shall be made by the court as a part of the proceedings, and the clerk of such court shall make and certify a return of the imposition of such tax thereon to the county assessor, who shall enter the same as a tax upon the property and against the persons upon which or whom the lien was imposed, as a proper tax and charge upon such real or personal property, when making up his assessments for the next ensuing year, unless the same shall have been paid before such books are made up; and the same shall be and remain a perpetual lien upon all property, both real and personal, used for the purposes of maintaining such nuisance, except as herein excepted, until fully paid. The payment of such tax shall not relieve the persons or property from any other taxes provided by law. The provisions of the laws relating to the collection of taxes in this State, the delinquency thereof, and sale of property for taxes, shall govern in the collection of the tax herein prescribed in so far as the same are applicable; and the said tax collected shall be applied in payment of any deficiency in the costs of the action and abatement on behalf of the State to the extent of such deficiency after the application thereto of the proceeds of the sale of the personal property as hereinbefore provided, and the remainder of such tax, together with the unexpended portion of the proceeds of personal property, shall be paid into the county treasury.(1925, c. 19, §9.)

§10. Notice to Collect Tax.—When such nuisance has been found to exist under any equity proceedings as in this article provided, and the owner or agent of such place whereon the same has been found to exist was not a party to such proceedings and has not appeared therein, the said tax of three hundred dollars shall, nevertheless, be imposed against the persons served or appearing and against the property as in this article set forth. But no such tax shall be certified to the assessor or enforced against such property, unless the owner thereof shall have appeared therein or shall be served with summons or notice therein, and the provisions of existing laws regarding the service of process shall be applied to service in proceedings under this article. The person in whose name the real estate affected by the action stands on the land books of the county for purposes of taxation shall be presumed to be the owner thereof, and in case of unknown persons having or claiming any ownership, right, title, or interest in property affected by the action, such may be made parties to the action by designating them in the summons and complaint as “all other persons unknown claiming any ownership, right, title, or interest in the property affected by the action,’’ and service thereon be had by publishing such summons in the same manner prescribed by law.(1925, c. 19, §10.)

§11. Effect of Holding Any Part of Article Unconstitutional.—Should any provision or section of this article be held unconstitutional, such fact shall not be held to invalidate the other provisions and sections hereof.(1925, c. 19, §11.)

§1. Keeping or Exhibiting Gaming Table or Device; Seizure Thereof; Forfeiture of Money Used in Such Gaming; Penalty.—Any person who shall keep or exhibit a gaming table, commonly called A. B. C. or E. O. table, or faro bank, or keno table, or any other gaming table or device of like kind, under any denomination, or which has no name, whether the game, table, bank or device be played with cards, dice or otherwise, or shall be a partner, or concerned in interest, in keeping or exhibiting such table, bank or gaming device of any character, shall be guilty of a misdemeanor, and, upon conviction, shall be confined in jail not less than two nor more than twelve months and be fined not less than one hundred nor more than one thousand dollars. Any such table, faro bank, or gaming device, and all money staked or exhibited to allure persons to bet at such table, or upon such gaming device, may be seized by order of a court, or under the warrant of a justice, and the money so seized, after deducting therefrom one-half for the person making the seizure, shall be forfeited to the county and paid into the treasury of the county in which such seizure is made, and the table, faro bank or gaming device shall be burned.(Code 1849, c. 198, §1; Code 1860, c. 198, §1; Code 1868, c. 151, §1; 1881, c. 27; Code 1923, c. 151, §1.)

§2. Permitting Gaming Table or Device on Premises; Penalty.—If any person knowingly permit a gaming table, bank or device, such as is mentioned in the preceding section, to be kept or exhibited on any premises in his occupation, he shall be guilty of a misdemeanor, and, upon conviction, shall be confined in jail not more than one year, and be fined not less than one hundred nor more than one thousand dollars.(Code 1849, c. 198, §2; Code 1860, c. 198, §2; Code 1868, c. 151, §2; Code 1923, c. 151, §2.)

§3. Unlawful to Act as Doorkeeper, Guard or Watch for Keeper of Gaming Table or Device; Penalty.—If any person shall act as doorkeeper, guard or watch, or employ another person to act as such, for a keeper or exhibitor of any such gaming table, bank or device, or shall resist, or by any means or device, prevent, hinder or delay the lawful arrest of such keeper or exhibitor, or the seizure of the table, bank or device, or money exhibited or staked thereat, or shall unlawfully take the same from the person seizing it, he shall be guilty of a misdemeanor, and, upon conviction, shall be confined in jail not more than one year and be fined not exceeding one thousand dollars.(Code 1849, c. 198, §3; Code 1860, c. 198, §3; Code 1868, c. 151, §3; Code 1923, c. 151, §3.)

§4. Playing or Betting at Gaming Tables and Devices; Playing or Betting on Games at Hotels and Public Places; Penalty.—If any person bet or play at any such gaming table, bank or device as is mentioned in the first section of this article, or if, at any hotel or tavern, or other public place, or place of public resort, he play at any game except bowls, chess, backgammon, draughts or a licensed game, or bet on the sides of those who play at any game, whether the game be permitted or licensed or not, he shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than five nor more than one hundred dollars, and shall, if required by the court, give security for his good behavior for one year, or, in default thereof, may be imprisoned in the county jail not more than three months.(Code 1849, c. 198, §4; Code 1860, c. 198, §4; Code 1868, c. 151, §4; Code 1923, c. 151, §4.)

§5. Betting on Games of Chance; Furnishing Money or Thing of Value Therefor; Penalty.—If any person at any place, public or private, bet or wage money or other thing of value on any game of chance, or shall knowingly furnish any money or other thing of value to any other person to bet or wage on any such game, he shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than five nor more than three hundred dollars, and shall, if required by the court, give security for his good behavior for one year, and in default of the payment of such fine and the costs and the execution of such bond, if such bond be required, shall be imprisoned in the county jail not less than ten nor more than thirty days.(Code 1849, c. 198, §5; Code 1860, c. 198, §5; Code 1868, c. 151, §5; 1915, c. 41; Code 1923, c. 151, §5.)

§6. Permitting Gaming at Hotels; Penalty.—If the keeper of a hotel or tavern permit unlawful gaming at his house, or at any outhouse, booth, arbor, or other place appurtenant thereto or held therewith, he shall be guilty of a misdemeanor, and, upon conviction, be fined not less than twenty nor more than one hundred dollars, and shall forfeit his license, and shall give security for his good behavior for one year, or, in default of such security, be imprisoned in the county jail not more than four months.(Code 1849, c. 198, §6; Code 1860, c. 198, §7; Code 1868, c. 151, §6; Code 1923, c. 151, §6.)

§7. Presumption Against Hotel Keeper.—In a prosecution under the preceding section, if the gaming be proved, it shall be presumed it was permitted by the keeper of the hotel, unless it appear that he did not know of or suspect such gaming, or that he endeavored to prevent it, and gave information of it, with the names of the players, to the next circuit court of the county in which such gaming occurred, or to the prosecuting attorney thereof.(Code 1849, c. 198, §7; Code 1860, c. 198, §8; Code 1868, c. 151, §7; Code 1923, c. 151, §7.)

§8. Gaming at Outhouse of Hotel; Penalty.—If the keeper of a hotel or tavern let or hire to another person any outhouse or other place, which has been at any time appurtenant to or held with the house kept by him, with intent that unlawful gaming be permitted thereat, he shall suffer the same punishment and incur the same forfeiture as if such unlawful gaming were permitted at his own principal house; and in a prosecution therefor, if the gaming be proved, it shall be presumed that such outhouse or other place was let or hired with intent aforesaid, unless the presumption be repelled in the manner provided for in the preceding section.(Code 1849, c. 198, §8; Code 1860, c. 198, §9; Code 1868, c. 151, §8; Code 1923, c. 151, §8.)

§9. Cheating at Gaming; Penalty.—If any person playing at any game, or making a wager, or having a share in any stake or wager, or betting on the hands or sides of others playing at any game or making a wager, shall cheat, or by fraudulent means win or acquire for himself, or another, money or other valuable thing, he shall be guilty of a misdemeanor, and, upon conviction, shall be confined in jail not more than one year and fined not less than five times the value of the money or thing won or acquired.(Code 1849, c. 198, §9; Code 1860, c. 198, §10; Code 1868, c. 151, §9; Code 1923, c. 151, §9.)

§10. Pool Room Defined; Selling Tickets and Chances Thereat; Penalty.—The word “pool room,’’ wherever the same is used in this section, shall be held and construed to mean any room where any pool ticket, chance, voucher or certificate entitling or purporting to entitle the holder or promisee thereof, or any other person, to money or other thing of value, contingent upon the result of any horse race, prize fight, game of chance, game of skill or science, or other sport or contest, the information of which result is obtained by telephone, telegraph, wireless telegraphy or radio, or other electrical device. Any person who shall set up or promote, or be connected with or interested in the management or operation of, any pool room, or any person engaged in the telephone, telegraph, or wireless telegraphy or radio business, his agents, servants or employees, who shall transmit or furnish, or permitted to be transferred or furnished, over or upon, or by means of the wires, lines, apparatus or appliances thereof, to any pool room, or to any person to be used at or in connection with any pool room, any message, token or information of or concerning the result of any such event as herein mentioned, they and each of them shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than two hundred nor more than one thousand dollars for each offense, and may, in the discretion of the court, be confined in jail not to exceed one year. The buying, selling or transferring of tickets or chances in any lottery shall be and the same is hereby prohibited.(Code 1860, c. 198, §12; Code 1868, c. 151, §10; 1881, c. 27, §10; 1911, c. 48; Code 1923, c. 151, §10.)

§11. Lotteries; Penalty.—If any person shall set up or promote or be concerned in managing or drawing a lottery or raffle, for money or other thing of value, or knowingly permit such lottery in any house under his control, or knowingly permit money or other property to be raffled for in such house, or to be won therein, by throwing or using dice, or by any other game of chance, or knowingly permit the sale in such house of any chance or ticket, or share of a ticket, in a lottery, or any writing, certificate, bill, token or other device purporting or intended to guarantee or assure to any person, or to entitle him to a prize, or a share of, or interest in, a prize to be drawn in a lottery, or shall, for himself or another person, buy, sell, or transfer, or have in his possession for the purpose of sale, or with intent to exchange, negotiate, or transfer, or shall aid in selling, exchanging, negotiating, or transferring a chance or ticket, or a share of a ticket, in a lottery, or any such writing, certificate, bill, token or device, he shall be guilty of a misdemeanor, and, upon conviction, shall be confined in jail not more than one year and be fined not exceeding five hundred dollars.(Code 1849, c. 198, §11; Code 1860, c. 198, §13; Code 1868, c. 151, §11; 1881, c. 27; Code 1923, c. 151, §11.)

§12. Proceeds of Lottery Forfeited to the State.—All money and things of value drawn or proposed to be drawn by an inhabitant of this State, and all money or other things of value received by such person by reason of his being the owner or holder of a ticket, or a share of a ticket, in any lottery, or pretended lottery, contrary to the provisions of this article, shall be forfeited to the State.(Code 1849, c. 198, §15; Code 1860, c. 198, §14; Code 1868, c. 151, §12; 1881, c. 27; Code 1923, c. 151, §12.)

§13. Associations and Companies Trading as Bank Without Authority of Law; Penalty.—All members of any association or company that shall trade or deal as a bank, or carry on banking, without authority of law, and their officers and agents therein or thereof, shall be guilty of a misdemeanor, and, upon conviction, shall be confined in jail not more than six months, and fined not less than one hundred nor more than five hundred dollars.(Code 1849, c. 198, §16; Code 1860, c. 198, §15; Code 1868, c. 151, §13; Code 1923, c. 151, §13.)

§14. Laws on Gaming, Lotteries, and Unchartered Banks Remedial.—All laws for suppressing gaming, lotteries and unchartered banks shall be construed as remedial.(Code 1849, c. 198, §20; Code 1860, c. 198, §22; Code 1868, c. 151, §16; Code 1923, c. 151, §16.)

§15. Pecuniary Interest of County and District Officers, Teachers and School Officials in Contracts; Offering or Giving Compensation; Penalties.—It shall be unlawful for any member of a county court, overseer of the poor, district school officer, secretary of a board of education, supervisor or superintendent, principal or teacher of public schools, or any member of any other county or district board, or for any county or district officer to be or become directly or indirectly, pecuniarily interested in the proceeds of any contract or service, or in furnishing any supplies in the contract for, or the awarding or letting of, which as such member, officer, secretary, supervisor, superintendent, principal, or teacher, he may have any voice, influence or control. Any person or officer named who shall violate any of the foregoing provisions of this section shall be guilty of a misdemeanor, and, upon conviction thereof, be fined not less than fifty nor more than five hundred dollars, and may, in the discretion of the court, be imprisoned for a period not to exceed one year. In addition to the foregoing penalties, any such officer shall be removed from his office and the certificate or certificates of any teacher, principal, supervisor or superintendent who violates the provisions of this section shall, upon conviction thereof, be revoked immediately. Any person, firm or corporation that offers or gives any compensation whatever to any of the officers or persons hereinbefore named or to any other person, with the intent to secure the influence, support or vote of such officer or person for any contract, service, award or other matter as to which any county or school district shall become the paymaster, shall be guilty of a misdemeanor, and, upon conviction thereof, be fined not less than five hundred nor more than twenty-five hundred dollars, and, at the discretion of the court, such person or any member of such firm. or, if it be a corporation, any agent or officer thereof, so offering or giving such compensation, may, in addition to such fine, be imprisoned for a period not to exceed one year.[1879, c. 65; 1885, c. 35; Code 1923, c. 39, §8b, c. 151, §16a(1), (2); 1927, c. 11, §16a(1).]

§16. Picture or Theatrical Act Reflecting Upon Any Race or Class of Citizens; Penalty.—It shall be unlawful for any person, corporation or company to advertise, exhibit, display or show any picture or theatrical act in any theater or other place of public amusement or entertainment within this State, which shall in any manner injuriously reflect upon the proper and rightful progress, status, attainment or endeavor of any race or class of citizens, calculated to result in arousing the prejudice, ire or feelings of one race or class of citizens against any other race or class of citizens. Any person, corporation or company violating any of the provisions of this section shall be guilty of a misdmeanor, and, upon conviction, shall be fined not less than one hundred nor more than one thousand dollars, and may, in the discretion of the court, be confined in jail not more than thirty days.(1919, c. 117; Code 1923, c. 151, §17.)

§17. Lobbying on Floor of Legislature; Ejection of Lobbyist; Penalty; Jurisdiction.—It shall be unlawful for any person to lobby for or against any measure on the floor of either house of the legislature while the same is in session. If any person be found so lobbying in violation of this section, it shall be the duty of the sergeant-at-arms to eject such person from the floor of either house of the legislature, upon his own knowledge, or upon the complaint of any member. Any person violating the provisions of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than fifty nor more than two hundred dollars, and in addition thereto he shall be imprisoned in the county jail of the county where such conviction is had, for not less than ten days nor more than six months. Any of the circuit courts, criminal courts, or justices of the peace within the county of Kanawha are hereby given jurisdiction of the offense herein set forth, and the proceedings hereunder shall be conducted as for other offenses.[1897, c. 14; Code 1923, c. 12, §§19a(1), 19a(2), 19a(3), 19a(4).]

§18. Conducting Bucket Shop; Penalty.—If any person shall carry on in this State what is commonly known as a bucket shop, or act as agent for any person, firm or corporation carrying on such business, or engaged in transactions for the purchase or sale for others of grain, provisions, stocks, securities, merchandise or other property wherein the parties thereto or the broker intend that such transaction shall be settled according to the public market quotations on any board of trade or exchange, or intend that such transaction may be deemed terminated when such public market quotations shall reach a certain figure, or intend that such property shall be resold before or at the time fixed in such transaction for the delivery of such property and that the difference between the contract price and the market price thereof shall be paid or received without the prior receipt or delivery of such property under the former sale, he shall be guilty of a felony, and, upon conviction thereof, shall be confined in the penitentiary not less than two nor more than five years.(1917, c. 15, §95; 1921, c. 109, §95; Code 1923, c. 32, §95.)

§19. Cornering Market in Foods or Other Necessities of Life; Penalty.—It shall be unlawful for any person or body of persons buying or selling any food stuffs, fuel or any article or articles pertaining to necessities of life, either in his individual capacity or as an officer, agent, or employee of a corporation, or member of a partnership, to store any such food stuffs, fuel, article or articles for the purpose of cornering the market or affecting the market price thereof, or for the purpose of limiting the supply thereof to the public, whether temporarily or otherwise. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than one hundred nor more than one thousand dollars, and may, in the discretion of the court, be confined in the county jail not exceeding one year.(1917, 2nd Ex. Sess., c. 14; Code 1923, c. 15D, §97.)

§1. Classification of Offenses.—Offenses are either felonies or misdemeanors. Such offenses as are punishable with death or confinement in the penitentiary are felonies; all other offenses are misdemeanors.(Code 1849, c. 199, §1; Code 1860, c. 199, §1; Code 1868, c. 152, §1; Code 1923, c. 152, §1.)

§2. Capital Punishment.—No crime shall be punished with death unless it be directed by statute.(Code 1849, c. 199, §2; Code 1860, c. 199, §2; Code 1868, c. 152, §2; Code 1923, c. 152, §2.)

§3. Punishment for Common Law Offenses.—A common law offense for which punishment is prescribed by statute shall be punished only in the mode so prescribed.(Code 1849, c. 199, §3; Code 1860, c. 199, §3; Code 1868, c. 152, §3; Code 1923, c. 152, §3.)

§4. Corruption of Blood and Forfeiture of Estate Abolished.—No suicide or attainder of felony shall work corruption of blood or forfeiture of estate.(Code 1849, c. 199, §5; Code 1860, c. 199, §5; Code 1868, c. 152, §4; Code 1923, c. 152, §4.)

§5. No Merger of Civil Remedy by Commission of Felony.—The commission of a felony shall not stay or merge any civil remedy.(Code 1849, c. 199, §6; Code 1860, c. 199, §6; Code 1868, c. 152, §5; Code 1923, c. 152, §5.)

§6. Punishment of Principals in the Second Degree and Accessories; Who Not Deemed Accessories After the Fact.—In the case of every felony, every principal in the second degree, and every accessory before the fact, shall be punishable as if he were the principal in the first degree; and every accessory after the fact shall be confined in jail not more than one year and fined not exceeding five hundred dollars. But no person in the relation of husband and wife, parent or grandparent, child or grandchild, brother or sister, by consanguinity or affinity, or servant to the offender, who, after the commission of a felony, shall aid or assist a principal felon, or accessory before the fact, to avoid or escape from prosecution or punishment, shall be deemed an accessory after the fact.(Code 1849, c. 199, §§7, 8; Code 1860, c. 199, §§7, 8; Code 1868, c. 152, §§6, 7; Code 1923, c. 152, §§6, 7.)

§7. Prosecution of Accessories.—An accessory, either before or after the fact, may, whether the principal felon be convicted or not, or be amenable to justice or not, be indicted, convicted, and punished in the county in which he became accessory, or in which the principal felon might be indicted. Any such accessory before the fact may be indicted with such principal or separately.(Code 1849, c. 199, §9; Code 1860, c. 199, §9; Code 1868, c. 152, §8; Code 1923, c. 152, §8.)

§8. Attempts; Classification and Penalties Therefor.—Every person who attempts to commit an offense, but fails to commit or is prevented from committing it, shall, where it is not otherwise provided, be punished as follows: If the offense attempted be punishable with death, the person making such attempt shall be guilty of a felony, and, upon conviction, shall be confined in the penitentiary not less than one nor more than five years. If it be punishable by confinement in the penitentiary, he shall be guilty of a misdemeanor, and, upon conviction, shall be confined in jail not less than six nor more than twelve months, and fined not exceeding five hundred dollars. If it be punishable by confinement in jail, he shall be guilty of a misdemeanor, and, upon conviction, shall be confined in jail not more than six months, or fined not exceeding one hundred dollars.(Code 1849, c. 199, §10; Code 1860, c. 199, §10; Code 1868, c. 152, §9; Code 1923, c. 152, §9.)

§9. Limitation of Prosecutions; Lost Indictment.—A prosecution for committing or procuring another person to commit perjury shall be commenced within three years next after the perjury was committed. A prosecution for a misdemeanor shall be commenced within one year after the offense was committed, except that a prosecution for petit larceny may be commenced within three years after the commission of the offense: Provided, That whenever the indictment in any case shall be stolen, lost or destroyed, a new indictment may be found for the same offense mentioned in the former indictment, at the first term of the court after such theft, loss or destruction is discovered, or at the next term thereafter, and as often as any such new indictment is stolen, lost or destroyed, another indictment for the same offense may be found at the first term of the court after such theft, loss or destruction is discovered, or at the next term thereafter; and the court shall, in every case where any such indictment has been stolen, lost or destroyed, enter such fact on its record. Whenever such new indictment is found, the clerk shall add to the entry of the finding thereof the following: “This is the second (or third, etc., as the case may be) indictment found against the said.................................for the same offense’’; and the same proceedings shall be had in all respects on any such new indictment as might have been had on the first indictment if it had not been stolen, lost or destroyed. And if the offense mentioned in any such indictment is barred by the statute of limitations, the time between the finding of the first and last of such indictments shall not be computed or taken into consideration in the computation of the time in which any such indictment, after the first, should have been found.(Code 1849, c. 199, §11; Code 1860, c. 199, §11; Code 1868, c. 152, §10; 1882, c. 141; Code 1923, c. 152, §10.)

§10. Venue of Offenses.—Prosecutions for offenses committed, wholly or in part, without, and made punishable within, this State, may be in any county in which the offender may be found, or to which he may be sent by any judge, justice, or court.(Code 1849, c. 199, §12; Code 1860, c. 199, §12; Code 1868, c. 152, §11; Code 1923, c. 152, §11.)

§11. Offense Committed on County Boundary.—An offense committed on the boundary of two counties may be alleged to have been committed, and may be prosecuted and punished, in either county.(Code 1849, c. 199, §13; Code 1860, c. 199, §13; Code 1868, c. 152, §12; Code 1923, c. 152, §12.)

§12. Injury and Death in Different Counties.—If a mortal wound or other violence or injury be inflicted, or poison be administered, in one county, and death ensue therefrom in another county, the offense may be prosecuted in either.(Code 1849, c. 199, §14; Code 1860, c. 199, §14; Code 1868, c. 152, §13; Code 1923, c. 152, §13.)

§13. Former Acquittal on Merits.—A person acquitted by the jury upon the facts and merits on a former trial may plead such acquittal in bar of a second prosecution for the same offense, notwithstanding any defect in the form or substance of the indictment or accusation on which he was acquitted.(Code 1849, c. 199, §15; Code 1860, c. 199, §15; Code 1868, c. 152, §14; Code 1923, c. 152, §14.)

§14. Acquittal for Variance or Insufficient Indictment.—A person acquitted of an offense, on the ground of a variance between the allegations and the proof of the indictment or other accusation, or upon an exception to the form or substance thereof, may be arraigned again upon a new indictment or other proper accusation, and tried and convicted for the same offense, notwithstanding such former acquittal.(Code 1849, c. 199, §16; Code 1860, c. 199, §16; Code 1868, c. 152, §15; Code 1923, c. 152, §15.)

§15. Modes of Conviction of Felony.—No person shall be convicted of felony, unless by his confession in court, or by his plea or demurrer, or by the verdict of a jury accepted and recorded by the court.(Code 1849, c. 199, §16; Code 1860, c. 199, §16; Code 1868, c. 152, §16; Code 1923, c. 152, §16.)

§16. Court to Fix Term of Imprisonment for Felony.—The term of confinement in the penitentiary or jail, in the case of conviction for felony, where that punishment is prescribed, shall be ascertained by the court.(Code 1849, c. 199, §23; Code 1860, c. 199, §23; Code 1868, c. 152, §21; 1882, c. 151; Code 1923, c. 152, §21.)

§17. Court to Fix Imprisonment and Fine for Misdemeanor.—The term of confinement in jail of a person found guilty of a misdemeanor, where that punishment is prescribed, shall, unless otherwise provided, be ascertained by the court, and the amount of the fine, where the punishment is by fine, shall, except where it is otherwise provided, be assessed by the court, so far as the term of confinement and the amount of the fine are not fixed by law.(Code 1849, c. 199, §24; Code 1860, c. 199, §24; Code 1868, c. 152, §22; 1882, c. 151; Code 1923, c. 152, §22.)

§18. Punishment for Second Offense of Felony.—When any person is convicted of an offense, and sentenced to confinement therefor in the penitentiary, and it is alleged in the indictment on which he is convicted, and admitted, or by the jury found, that he had been before sentenced in the United States to a like punishment, he shall be sentenced to be confined five years in addition to the time which he is or would be otherwise sentenced.(Code 1849, c. 199, §25; Code 1860, c. 199, §25; Code 1868, c. 152, §23; Code 1923, c. 152, §23.)

§19. Punishment for Third Offense of Felony.—When any such convict shall have been twice before sentenced in the United States to confinement in a penitentiary, he shall be sentenced to be confined in the penitentiary for life. But before such sentence may be lawfully imposed, it must be alleged in the indictment on which he is convicted, and admitted, or by the jury found, that such convict had theretofore been twice sentenced in the United States to the penitentiary.(Code 1849, c. 199, §26; Code 1860, c. 199, §26; Code 1868, c. 152, §24; Code 1923, c. 152, §24.)

§20. Second Conviction for Petit Larceny a Felony; Penalty.—When a person is convicted of petit larceny, and it is alleged in the indictment on which he is convicted, and admitted, or by the jury found, that he has been before sentenced in the United States for the like offense, he shall be sentenced to be confined in the penitentiary for the term of one year.(Code 1849, c. 199, §27; Code 1860, c. 199, §27; Code 1868, c. 152, §25; Code 1923, c. 152, §25.)

§21. Cumulative Sentences.—When any person is convicted of two or more offenses, before sentence is pronounced for either, the confinement to which he may be sentenced upon the second, or any subsequent conviction, shall commence at the termination of the previous term or terms of confinement, unless, in the discretion of the trial court, the second or any subsequent conviction is ordered by the court to run concurrently with the first term of imprisonment imposed.(Code 1849, c. 199, §28; Code 1860, c. 199, §28; Code 1860, c. 152, §26; Code 1923, c. 152, §26.)

§22. Release of Minor Convict, or any Person Guilty of a Misdemeanor, on Probation; Probation Officers.—Whenever, in any court of this State having original jurisdiction of criminal actions, except a justice of the peace, a person under the age of twenty-one years is convicted of or pleads guilty to any offense not capital, or a person of any age is convicted of or pleads guilty to a misdemeanor, such court, whenever it shall appear to the satisfaction of the court that the ends of justice and the best interests of the public, as well as of the defendant, will be subserved thereby, shall have power to suspend the imposition or execution of sentence and to place the defendant upon probation for such period and upon such terms and conditions as it deems best; or the court may impose a fine and may also place the defendant upon probation in the manner aforesaid. The court may revoke or modify any condition of probation, or may change the period of probation: Provided, That the period of probation, together with any extension thereof, shall not exceed five years.

Whenever any person stands convicted, before a justice of the peace or the mayor of any incorporated city or town, acting as ex officio justice of the peace as provided by statute, either upon his own plea of guilty or after trial, and upon whom either a fine or jail sentence has been imposed, such person may file in any court to which an appeal would lie in such case, or with the judge thereof in vacation, his petition in writing seeking to be placed upon probation and accompanying such petition with a transcript of the docket of such justice or mayor. Whereupon the court shall have power to act upon such petition and suspend the execution of such sentence, and otherwise deal with the petitioner in accordance with the provisions of this section as fully and completely as if conviction had been had in any court of said county having general criminal jurisdiction.

While on probation the defendant may be required to pay, in one or several sums, a fine imposed at the time of being placed on probation, and may also be required to make restitution or reparation to the aggrieved party or parties for actual damages or loss caused by the offense for which conviction was had, and may also be required to provide for the support of any person or persons for whose support he is legally responsible.

The sheriff of each county shall be and is hereby made the probation officer for such county: Provided, That in all counties having a population of one hundred thousand or more, wherein there has been or may hereafter be created a court of limited jurisdiction vested with criminal jurisdiction throughout the county, such court or the judge thereof may appoint some person other than the sheriff of said county as probation officer, and the person so appointed as probation officer shall serve as such during the pleasure of the court or judge thereof so appointing him, and such probation officer shall be paid a salary of not more than two hundred and fifty dollars per month to be fixed by the court or judge thereof, payable out of the county treasury of such county.

It shall be the duty of a probation officer to investigate any case referred to him for investigation by the court in which he is serving and to report thereon to the court. The probation officer shall furnish to each person released on probation under his supervision a written statement of the conditions of probation and shall instruct him regarding the same. Such officer shall keep informed concerning the conduct and condition of each person on probation under his supervision and shall report thereon to the court placing such person on probation. Such officer shall use all suitable methods, not inconsistent with the conditions imposed by the court, to aid persons on probation and to bring about improvements in their conduct and condition. Each officer shall keep records of his work; shall keep accurate and complete accounts of all moneys collected from persons under his supervision; shall give receipts therefor, and shall make at least monthly returns thereof; shall make such reports to the prosecuting attorney as he may at any time require; and shall perform such other duties as the court may direct.

On January first and July first of each year, and at such other times as the court may direct, the probation officer shall make a written report to the court giving the names of all persons placed on probation during the previous year, together with a brief statement of the conduct of each person while so on probation. A copy of all such reports to the court shall also be filed with the pardon attorney of the State not later than ten days after such report shall have been filed with the court as shall seem advisable.

At any time within the probation period the probation officer may arrest the probationer without warrant, or the court may issue a warrant for his arrest. Thereupon such probationer shall forthwith be taken before the court. At any time after the probation period, but within the maximum period for which the defendant might originally have been sentenced, the court may issue a warrant and cause the defendant to be arrested and brought before the court. Thereupon the court may revoke the probation or the suspension of sentence, and may impose any sentence which might originally have been imposed.

Nothing herein contained shall be construed so as to authorize a justice of the peace to release any prisoner on probation, or as affecting the provisions of chapter forty-nine of this Code.(1915, c. 80; Code 1923, c. 152, §29; 1927, c. 55; 1929, c. 29.)

§23. Acts in Civil War Excused.—No criminal prosecution against a citizen of this State who aided or participated in the war between the government of the United States and a part of the people thereof, on either side, shall be maintained in any court of this State because of any act done by such person in the prosecution of said war according to the usages of civilized warfare.(1866, c. 97, §1; 1868, c. 149, §1; Code 1868, c. 152, §28; 1882, c. 151; Code 1923, c. 152, §28.)

§24. Offender May Have Credit for Term of Confinement Before Conviction.—Whenever any any person is convicted of an offense in a court of this State having jurisdiction thereof, and sentenced to confinement in jail or the penitentiary of this State, or by a justice of the peace having jurisdiction of the offense, such person may, in the discretion of the court or justice, be given credit on any sentence imposed by such court or justice for the term of confinement spent in jail awaiting such trial and conviction.(1923, c. 22.)

§1. Coroner; Appointment; Duties.—It shall be the duty of the county court of every county, from time to time, to appoint a coroner for such county, who shall hold his office during the pleasure of such court, and shall take the oath of office prescribed for other county officers. It shall be his duty, or if he be absent or unable to act, or the office be vacant, the duty of any justice of the peace, upon being notified that the dead body of a person, whose death there is good cause to believe has been by some unlawful act, and not by casualty, is within his county, to forthwith issue his warrant directed to a constable thereof, who shall proceed to execute and make return of the same, commanding such constable to summon six suitable residents of the county to be in attendance on such coroner or justice, as jurors, at a place and on a day and hour to be designated in the warrant, to make inquisition upon the view of the body of the person named therein, or of a person unknown, as the case may be, how such person came to his death; and may, by indorsement on such warrant, or by subpoena, command the officer to whom the same is delivered to summon such witnesses as the coroner or justice may designate, or as the constable may be informed, or have reason to believe, have knowledge of the circumstances attending such death, to be in attendance upon the said inquest at such time as may be designated in such indorsement or subpoena. In case of the inability or failure of the coroner or such justice or constable to act, any other justice or constable of the county may perform the respective duties imposed by this and the next succeeding section, and be entitled to the same fees and be subject to the same penalties.(Code 1849, c. 202, §1; Code 1860, c. 202, §1; 1863, c. 130, §1; Code 1868, c. 154, §1; 1882, c. 136, §1; 1891, c. 38, §1; Code 1923, c. 154, §1.)

§2. Execution of Warrant or Subpoena; Failure of Juror to Attend; Penalties.—Any such constable to whom the warrant or subpoena may be delivered shall forthwith execute it, and make return thereof to the coroner or justice who issued the same, at the time and place named therein. If he fails so to execute and return the same, he shall forfeit twenty dollars; and if any person summoned as a juror fail to attend as required, without sufficient excuse, he shall forfeit ten dollars.(Code 1849, c. 202, §2; Code 1860, c. 202, §3; Code 1868, c. 154, §2; 1882, c. 136, §2; Code 1923, c. 154, §2.)

§3. Summoning Additional Jurors; Oath.—If six jurors do not attend, the coroner or justice may require the constable or any other person to summon others. When the full number of six have appeared, the coroner or justice, in view of the body, shall administer to them the following oath: “You swear that you will diligently inquire and true presentment make, when, how and by what means the person whose body here lies dead came to his death, and return a true inquest thereof, upon your own knowledge and the evidence before you. So help you God.”(Code 1849, c. 202, §4; Code 1860, c. 202, §4; Code 1868, c. 154, §3; 1882, c. 136, §3; 1891, c. 38, §3; Code 1923, c. 154, §3.)

§4. Control of Witnesses; Testimony.—Witnesses on whom the summons is served may be compelled by the coroner or justice to attend the inquest and give evidence, and they shall be liable in like manner as if the summons had been issued by a justice in a criminal case. They shall be sworn by the coroner or justice before giving evidence to the inquest, and their evidence shall be reduced to writing by the coroner or justice, or under his direction, and subscribed by the witnesses respectively.(Code 1849, c. 202, §5; Code 1860, c. 202, §5; Code 1868, c. 154, §4; 1882, c. 136, §4; Code 1923, c. 154, §4.)

§5. Form of Inquisition.—The jury, after hearing the evidence and making all needful inquiries, shall deliver to the coroner or justice their inquisition, wherein they shall state the name of the deceased (if it be known), the material circumstances attending his death, and, if they find that he came to his death by violence or other unlawful act, who were guilty thereof, either as principals or accessories. The inquisition may be to the following effect:

............................county, to-wit:

An inquisition taken at........................, in the county of....................., on the............. day of ......................., 19...., before .........................., coroner (or justice, as the case may be) of the said county of.........................., upon the view of the body of................................. (or a person unknown) there lying dead. The jurors sworn to inquire when, how, and by what means the said .................................. (or person unknown) came to his death, upon their oaths do say: (Here insert when, how, and by what person, means, weapon or instrument he was killed, and any material circumstances.) In testimony whereof, the said coroner (or justice, as the case may be) and jurors hereto set their hands.(Code 1849, c. 202, §6; Code 1860, c. 202, §6; Code 1868, c. 154, §5; 1882, c. 136, §5; 1891, c. 38, §5; Code 1923, c. 154, §5.)

§6. Return of Inquisition and Testimony to Circuit Court; Recognizance of Witnesses.—The coroner or justice shall return to the circuit court of his county the inquisition, written testimony, and recognizances by him taken; and if the jury find that murder, manslaughter or assault has been committed on the deceased, he shall require such witnesses, as he thinks proper, to give recognizance to appear and testify at such court when it sits for the trial of the accused.(Code 1849, c. 202, §7; Code 1860, c. 202, §7; Code 1868, c. 154, §6; 1882, c. 136, §6; Code 1923, c. 154, §6.)

§7. Arrest of Person Accused by Inquest.—If the person charged with the offense by the inquest be not in custody, the coroner or justice shall issue a warrant for his arrest, returnable before such coroner or justice, or before some other justice, the proceedings upon which shall be in accordance with the provisions of article one, chapter sixty-two of this Code.(Code 1849, c. 202, §8; Code 1860, c. 202, §8; Code 1868, c. 154, §7; 1882, c. 136, §7; Code 1923, c. 154, §7.)

§8. Burial of Body; Fees of Jurors and Officers Holding Inquest; When no Inquest Necessary; Preliminary Examination.—If the dead person be a stranger, whether the inquest be taken or the coroner or justice called to view the body thinks it unnecessary to have an inquest, he shall cause the body to be decently buried, or forwarded to its proper destination. If the coroner or justice certify the deceased has not sufficient estate in this State to pay the expenses of the burial, the coroner’s or justice’s fees, and the expenses of the inquest, if one was taken, shall, when allowed by the county court of the county, be paid out of the treasury of the county. In other cases, all such charges shall be paid out of the estate of the deceased; or, if it prove insufficient, out of the treasury of the county, unless the inquest be on the body of a convict in the penitentiary, in which case the same shall be paid out of the state treasury, after being allowed by the executive. Each juror impaneled as herein provided shall receive for his services two dollars for each day he shall be necessarily engaged in holding the inquest and making the return thereof; the constable shall receive three dollars for summoning a jury and witnesses for an inquest, and the coroner or justice shall receive for his services five dollars for each day necessarily engaged in holding the inquest and making return thereof, to be allowed and paid as aforesaid. Should the coroner or justice, upon such notice, make a preliminary examination of the facts connected with a death by some probable unlawful act, and ascertain that there was not good cause to believe it was by some unlawful act, he shall not hold an inquest except by the request of the prosecuting attorney; and such coroner or justice, in case an examination is made and no inquest held, shall be allowed a fee of two dollars for such examination, to be paid as herein provided.(Code 1849, c. 202, §9; Code 1860, c. 202, §9; Code 1868, c. 154, §8; 1882, c. 136, §8; 1891, c. 38, §8; 1921, c. 89, §8; Code 1923, c. 154, §8.)

§9. Attendance of Physician; Compensation.—In taking an inquest, the coroner or justice may summon and require one or more physicians to attend and give information and render services, incident to his profession, useful to the jury; and reasonable compensation therefor shall be allowed as part of the costs of the inquest.(Code 1849, c. 202, §10; Code 1860, c. 202, §10; Code 1868, c. 154, §9; 1882, c. 136, §9; Code 1923, c. 154, §9.)

§10. Inquest on Sunday; Coroner’s Record; Delivery to Successor; Nonperformance of Duty by Coroner; Penalty.—All proceedings necessary to holding an inquest, the summoning of a jury and witnesses, and the return and verdict of the jury, may be held as well on Sunday as on any other day.

Every coroner shall keep a well-bound book or record, denominated “Coroner’s Record,” furnished at the expense of the county, in which he shall keep a record of all inquisitions and examinations held and made by him or any justice of his county, and in which he shall make entry of such information as he may be able to obtain concerning the deceased, such as nationality, color, sex, when and where born, married or single, residence, occupation, date and probable cause of death, marks or scars of identification, when and where buried, and the name and address of the undertaker. The coroner, upon the request of any person, shall make and certify a copy from his record of any inquisition or examination had before him or any justice, together with such information as he may have on his record concerning the deceased, for which services he shall be allowed to charge the person making such request a fee of one dollar. Every coroner, upon the expiration of his office, shall deliver to his successor his official record together with those of his predecessors in office which he may have in his custody. If a coroner or justice fail to perform any duty herein required of him, he shall forfeit one hundred dollars.(Code 1849, c. 202, §§11, 12; Code 1860, c. 202, §§11, 12; Code 1868, c. 154, §§10, 11; 1882, c. 136, §§10, 11; 1921, c. 89, §§12, 13; Code 1923, c. 154, §§10, 11, 12, 13.)