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. Betting on elections or appointments. 115 198. § 10 ch. 198, § 11 Code of 1873, 10. If a person bet or wager money or other thing over 1847-8, § 11, p. the value of five dollars, on any election or appointment to Code of 1849, any office or place, to be made under authority of the con- Code of 1860, stitution and laws of this state, or of the United States, he shall be fined not less than the value of such money or thing, and not more than five times the value of such money or thing.* ch. 194, § 11 or 1852, 1, pp. 84-5 Buying, selling, or transferring lottery tickets prohibited. 11. The buying, selling, or transferring of tickets chances in any lottery shall be and the same is hereby pro- ch. 198, § 12, p. hibited.† Setting up or promoting lotteries or raffles. Code of 1860, 807 1214 570 1833-4, ch. 69, p. 1847-8, § 12, p. Code of 1849, 13 Code of 1860, Code of 1873, ch. 194, § 13 12. If a person shall set up or promote, or be concerned 1 R. C., § 27, p. in managing or drawing a lottery or raffle, for money or 1824-5, § 22, p. 21 other thing of value, or knowingly permit such lottery in 81 any house under his control, or knowingly permit money or 115 other property to be raffled for in such house, or to be won ch. 198, §§ 11, 12, therein, by throwing or using dice, or by any other game of 1852, 32, pp. 84-5 chance, or knowingly permit the sale in such house of any ch. 198, § 13 chance or ticket in 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 entitle him to a prize or 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 in or share of a ticket in a lottery, or any such writing, certificate, bill, token, or device, he shall be confined in jail not more than one year, and fined not exceeding five hundred dollars. Shumate's case, 15 Gratt., 653. 5 Rand., 652. 5 Rand., 715; Const. of Va., Art. V, § 18; Commonwealth v. Chubb, 5 Rand., 715 Commonwealth v. Peck, 1d. 1 R. C., 227, p. 570 1847-8, § 16, p. 116 Money, &c., drawn or proposed to be drawn in such lottery, forfeited. 13. All money and things of value, drawn or proposed to be drawn by an inhabitant of this state, and all money or Code of 1849, ch. things of value received by such person by reason of his being the owner or holder of a ticket or share of a ticket in any lottery, or pretended lottery, contrary to this chapter, 198, 215, p. 745 Code of 1860, ch. 198, § 14, p. 808 Code of 1873, ch. 194, § 14, p. shall be forfeited to the commonwealth. 1214 Unchartered banks. 2 R. C., ch. 208 1847-8, § 17, p. 116 Code of 1849, 14. All members of any association or company that shall trade or deal as a bank, or carry on banking without auch. 198, § 16, p. thority of law, and their officers and agents therein, shall be confined in jail not more than six months, and fined not less than one hundred nor more than five hundred dollars. 745 Code of 1860, ch. 198, § 15, p. 808 Code of 1873, ch. 194, § 15, pp. 1214-5 Issuing and circulating notes without authority of law. 15. Every person who, with intent to create a circulating medium, shall issue, without authority of law, any note or other security, purporting that money or other thing of value is payable by or on behalf of such person, and every officer and agent of such person therein, shall be confined in jail not more than six months, and fined not less than one hundred nor more than five hundred dollars. Passing or receiving notes of unchartered banks. 16. If a person pass or receive in payment, any note or security issued in violation of either of the two preceding sections, he shall be fined not less than twenty, nor more than one hundred dollars.. Persons bringing into state for circulation notes under five dollars. punished. 17. If a person shall bring into this state, with intent to put the same in circulation, any bank note of less denomina tion than five dollars, issued in another state, or shall pass or receive such note in payment, he shall be fined not les than twenty nor more one hundred dollars; but this sectio shall not apply to a non-resident of this state, traveling or temporarily sojourning therein. Fine for issuing such notes; who deemed issuer; how fine recovered. said 2, p. 14 Code of 1860, ch. 198, § 19 ch. 194, § 19 18. In every case where a note of a less denomination than 1853–4, ch. 11, § five dollars is offered or issued as money, whether the note be issued by a bank, corporation, or by individuals, the person, firm, or association of persons, corporation, or body politic, so offering or issuing such note, shall pay a fine of ten dollars, to be recovered before any justice, alderman of a city, or court in this commonwealth; and every person whose name is signed on the face of such note, shall be deemed an issuer in the meaning of this chapter. To whom fine payable. 3, p. 14 ch. 198, § 20 Code of 1873, 19. One-half of the fine or penalty recovered in any case 1853-4, ch. 11, § under this chapter, shall go to the informer, and the residue Code of 1860, shall be paid to the literary fund: provided that in all cases the informer shall be a competent witness, and that such informer shall not be required to testify to more than the denomination of such note. Private action given; penalties cumulative. ch. 194, § 20 4, p. 14 ch. 198, § 21 Code of 1873, ch. 194, § 21 20. Any person may recover, by motion before a single 1853-4, ch. 11, § justice or alderman, or before any court, from any person Code of 1860, whose name is on the face of a note of a denomination less than five dollars, which may be issued after the passage of this act, five times the amount of such note; and such recovery shall be in addition to the fine herein before imposed. Act applicable to scrip as well as notes. 1853-4, ch. 11, 2 5, p. 14 Code of 1860, ch. 198, § 23 Code of 1873, 21. This chapter shall apply as well to interest-bearing scrip for sums less than five dollars, as to notes of other ch. 194, 23, p. descriptions. Act remedial. 1216 1 R. C., § 29, p. ch. 198, § 20, p. 22. All laws for suppressing gaming, lotteries, unchartered Code of 1849, banks, and the circulation of bank notes for less than five 745 dollars, shall be construed as remedial.* * Shumate v. Commonwealth, 15 Gratt., 653. Code of 1860, ch. 198, § 22, p. 808 Code of 1873, ch. 194, 24, p. 1216 1 R. C., § 26, p. 570 1838, ch. 107, p. 82 1841-2, § 4, p. 44 1842-3, § 1, p. 57 Attorney's fee. 23. In every case of conviction for an offence under any 1847-8, § 23, p. preceding section of this chapter, an attorney's fee of ten dollars shall be taxed in the costs. 117 Code of 1849, ch. 198, § 21 Code of 1860, ch. 198, § 25 Code of 1873, ch. 194, § 26 1838, §§ 2, 3, p. 30 1841-2, § 26. p. 21 1847-8, § 41, p. 130 Code of 1849, ch. 198, § 34, p. 748 Code of 1860, ch. 198, § 38, p. Crediting students. 24. If a person so violate the first section of chapter one hundred and thirty-nine of the Code of eighteen hundred seventy-three as to be liable to the forfeiture thereby declared, he shall, moreover, be fined not less than fifty nor more than three hundred dollars; and, upon conviction, he Code of 1873, ch. shall be bound by the court in a sum not less than five hun194, § 26, p. 1216 dred dollars, with at least two sufficient sureties, to be of good behavior for a year; and any subsequent violation of the section aforesaid, shall be held to be a forfeiture of the recognizance.* 811 2 R. C., § 44, p. 157 42 198. 235 Frauds by tobacco inspectors. 25. If any inspector of tobacco, issue, or cause to be issued, 1847-8, ch. 121, § his receipt or note for any tobacco not received into the Code of 1849, ch. Warehouse of which he is inspector, or more than one receipt or note for the same tobacco, except when authorized by law Code of 1873, ch. to do so, or re-issue or pass away a tobacco receipt or note, after the delivery of the tobacco for which it was given, he shall be confined in the penitentiary not less than two nor more than five years. 26. If any person, directly or indirectly, give to a voter in any election, any money, goods or chattels, or pay his gh, 198, 40, P. capitation tax, under an agreement, express or implied, that such voter shall give his vote for a particular candidate, such 1876–7, ch. 271, ¿ person shall be punished by fine not less than twenty nor more than one hundred dollars. And the voter receiving such money, goods or chattels, or having his capitation tax paid, in pursuance of such agreement, shall be punished in like manner with the person giving the same.† 1 * Code 1873, pp. 983-4. + Const. Va., Art. III, §1. Importing convicts. 509 ch. 12, p. 668 27. If a master of a vessel, or other person, knowingly 1 Hen. Stat., p. import or bring into this state from any place out of the 12 Hen. Stat., United States, any person convicted of crime, he confined in jail for three months, and be fined one dollars. shall be hundred 1 R. C., ch. 24, § 1, 2, p. 68 Code of 1849, ch. 198, ? 39 Code of 1860, ch. 198, § 41 Code of 1873, ch. 194, § 29 Code of 1849, ch. 199, § 1, p. 1. Offences are either felonies or misdemeanors. Such 1847-8, § 1, p. 124 offences as are punishable with death or confinement in the penitentiary, are felonies; all other offences are misde- Code of 1860, meanors.* Statutory punishment. 750 ch. 199, § 1, p. 812 Code of 1873, ch. 195, § 1, p. 1217 124 2. No crime shall be punished with death unless it be 1847–8, § 34, p. directed by statute. Code of 1849, § 2. p. 750 Code of 1860, * 2 Va. Cas., 122; 11 Gratt., 292; 16 Id., 503; 18 Id., 989; 20 Id., 825; 21 Id., 790; 24 § 2, p. 812 Id., 644. Code of 1873, 22. p. 1217 |