Director to

report viola

prosecuting

attorney.

-what re

14. The director of said experiment station shall tions, etc., to report to the prosecuting attorney, of the county, where the offence was committed, all violations of the provisions of this act, and failure to comply therewith; and a copy of any label, statement or tag required to be filed with said director or prepared by him, and any analysis made or caused to be made by him, when duly certified by said director, shall be received in evidence in any prosecution or suit for any violation of the provisions of this act.

ceived as evidence.

Acts repealed.

15. Chapter seventy-two of the acts of eighteen hundred and ninety-one is hereby repealed.

Code amended.

Disturbances of schools. societies, etc.

-a misdemeanor; penalty.

(House Bill No. 327.)

CHAPTER 98.

AN ACT to amend and re-enact section nineteen of chapter one hundred and forty-nine of the Code of one thousand eight hundred and ninety-nine.

[Passed February 18, 1901.

In effect 90 days from passage. Approved February 21, 1901.]

Be it enacted by the Legislature of West Virginia: That section nineteen of chapter one hundred and forty-nine, of the code of one thousand eight hundred and ninety-nine, be amended and re-enacted so as read as follows:

If a person wilfully interrupt, molest or disturb, any free school or other school, literary society or any other society formed for intellectual, social or moral improvement, or organized or carried on under or in pursuance of the laws of this State, or any Sunday school, or other school, or school exhibition, or 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 fined not less than ten nor more than fifty dollars, and, at the discretion of the court, be confined in the jail of the county not more than thirty days, in addition to said fine.

(Senate Bill No. 119.)

CHAPTER 99.

AN ACT to amend and re-enact section twenty-three of chapter one hundred and forty-five of the Code of West Virginia of 1899.

[Passed February 18, 1901. In effect 90 days from passage. Approved February 20, 1901.]

Be it enacted by the Legislature of West Virginia:

That section twenty-three of chapter one hundred Code and forty-five of the code, be amended and re-enacted amended. so as to read as follows:

etc.; obtain

property by,

signature to

23. If any person obtain from another, by any false False prepretence, token or representation, with intent to de- tences, tokens fraud, money, goods or other property which may be ing money or the subject of larceny, or if he obtain from another deemed lar any money, goods or other property, which may be the ceny. 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 -obtaing pretence, token or representation, with intent to de- writing etc. fraud, the signature of any other person to a writing, the false making whereof would be forgery; every per--how punson so offending against any of the provisions of this ished. section shall, upon conviction thereof, be confined in the penitentiary not less than one nor more than five years, or at 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 re- -removal of move any of his property out of any county with intent property out to prevent the same from being levied upon by any ex- secreting, etc.. ecution, or who shall secrete, assign or convey or defraud. 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 per--receiving son who shall receive such property, with such intent, with such shall be deemed guilty of a misdemeanor and upon con- intent. viction thereof shall be fined not less than twenty--how five nor more than one thousand dollars and impris

of county,

with intent to

such property

punished.

-justice to have jurisdiction, when.

And

oned in the county jail not to exceed one year. when the property so removed, secreted, concealed, assigned, conveyed, received or otherwise disposed of, shall be worth fifty dollars or less such offence shall be tried by a justice of the peace in the mode prescribed for the trial of other criminal offences in chapter fifty of the code of West Virginia: provided, that upon conviction for such offence before a justice of the peace the person so convicted shall be fined not exceeding fifty dollars and confined in the county jail what rights not exceeding thirty days. But nothing in this act

-maximum fine, etc, in

justice's court.

of creditors

not affected.

contained shall prevent any creditor from proceeding against any such fraudulent debtor as is provided in sections thirty to thirty-seven, inclusive, of chapter one hundred and six, and sections four to seventeen, inclusive, of chapter one hundred and forty-one of the code, or of any other remedy at equity or law now existing.

Code amended.

Prize fighting

encounters,

[Senate Bill No. 54)

CHAPTER 100.

AN ACT to amend and re-enact section 27a of chapter 144 of the Code of West Virginia, concerning offences against the person.

[Passed February 14, 1901.

In effect 90 days from passage Approved February 21, 1901.]

Be it enacted by the Legislature of West Virginia:

That section 27a of chapter 144 of the code of West Virginia be amended and re-enacted so as to read as follows:

To Suppress Prize Fighting.

27a. That any person who shall voluntarily enor pugilistic gage in a prize fight or a pugilistic encounter with anmade a felony other 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 felony, and upon conviction shall be fined not more than one thousand dollars, and be imprisoned in the penitentiary not less than one nor more than ten years.

-penalty.

of persons, in

ting, deemed

If any person act as second, or trainer, or time--what acts keeper, or referee, or umpire, to any person so fight any way, aiding, or if any person assist, or in any way abet another ing and abetto fight a prize fight, or to engage in a pugilistic en- felonies. counter, in this state, he shall be deemed guilty of a felony, and upon conviction thereof shall be fined not -penalty. more than five hundred dollars, and be imprisoned in the penitentiary not less than one nor more than five years.

deemed a mis

If any person come into this state for the purpose of what fighting, or intending to fight a prize fight, or engage demeanor. 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 there--penalty. of shall be fined not more than three hundred dollars, or shall be 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 act, 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 any thing of value, or upon the result of which any money or anything of value is bet or wagered with the knowledge of, or for the benefit of the parties engaged in the fight or pugilistic encounter, or for which any admission fee is charged, either directly or indirectly.

term "prize fight or pugilistic encoun

ter" defined.

complaint: and what to

how verified

set forth.

issue warrant

Upon complaint, verified by affidavit before any justice of the peace or notary public, or mayor of any town or city, that the affiant has knowledge or information and believes that any person is about to engage in a prize fight or pugilistic encounter in this state, or to come into this state for any of the purposes in this act mentioned, such justice of the peace -who may or notary public, or mayor of any town or city, shall how directed. issue his warrant, directed to the sheriff or any constable of his county, requiring him to arrest and bring --proceedings 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 offence, under chapter one hundred and fifty-six of the code of West Virginia.

But nothing in this act contained shall be con--what strued to render unlawful a boxing or sparring contest unlawful.

Contests not

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.

Code amended.

Rape, and how pun

ished.

-proviso as to age of both sexes.

Code amended.

Abduction of female with intent to

marry or

defile her, how punished.

(House Bill No. 60.)

CHAPTER 101.

AN ACT to amend and re-enact sections fifteen and sixteen of chapter one hundred and forty-four of the Code of West Virginia.

[Passed February 19, 1901. In effect 90 days from passage. Approved February 23, 1901.]

Be it enacted by the Legislature of West Virginia:

1. That section fifteen of chapter one hundred and forty-four of the code of West Virginia be amended and re-enacted so as to read as follows:

15. If any person carnally know a female of the age of fourteen years or more, against her will by force, or carnally know a female child under that age. he shall be punished with death or by confinement in the penitentiary as follows: If the jury, upon the trial of an indictment under this section, return a verdict of guilty, merely, the accused shall be punished with death; but if the jury add to such verdict that the accused be punished by confinement in the penitentiary, he shall be confined in the penitentiary not less than seven nor more than twenty years: provided, always, that this section shall not apply to any person under fourteen years of age who carnally

knows a female over twelve years of age with her free consent.

2. That section sixteen of chapter one hundred and forty-four of the code of West Virginia be amended and re-enacted so as to read as follows:

16. If any person take away or detain against her will a female, with intent to marry or defile her, or cause her to be married or defiled by another person, or take from any person having lawful charge of her, a female child under fourteen years of age, for the purpose of prostitution or concubinage, he shall be confined in the penitentiary not less than three nor more than ten years.