CHAPTER 623

An Act to amend the Code of Virginia by adding sections numbered
18.1-74.1:1 through 18.1-74.1:8, relating to combinations to injure
persons in their reputation, trade, businesses or professions and pro-

viding criminal and civil penalties for violations; to provide injunctive

relief, and to repeal § 59-21.1 of the Code of Virginia, relating to the
same matter.
fH 802]

Approved March 31, 1964

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding sections numbered
18.1-74.1:1 through 18.1-74.1:3 as follows:

§ 18.1-74.1:1. (a) Any two or more persons who shall combine,
associate, agree, mutually undertake or concert together for the purpose
of wilfully and maliciously injuring another in his reputation, trade,
business or profession by any means whatever, or for the purpose of
wilfully and maliciously compelling another to do or perform any act
against his will, or preventing or hindering another from doing or per-
forming any lawful act shall be jointly and severally guilty of a mis-
demeanor and be punished by a fine of not more than one thousand dollars
or by confinement in jail not exceeding twelve months, or by both such
fine and imprisonment. Such fine and imprisonment shall be in addition to
any civil relief recoverable under § 18.1-74.1:2.

(b) This section shall not affect the right of employees lawfully tc
organize and bargain concerning wages and conditions of employment,
and take other steps to protect their rights as provided under State and
Federal laws.

§ 18.1-74.1:2. (a) Any person who shall be injured in his reputa-
tion, trade, business or profession by reason of a violation of § 18.1-74.1:1
may sue therefor and recover three-fold the damages by him sustained
and the costs of suit, including a reasonable fee to plaintiff’s counsel; anc
without limiting the generality of the term, “damages” shall include loss
of profits. Such counsel shall in no case receive any other, further o1
additional compensation except that allowed by the court and any con.
tract to the contrary shall be null and void.

b) Whenever a person shall duly file a bill in chancery in the
circuit court of any county or the circuit or corporation court of an}
city against any person alleging violations of the provisions of § 18.1-
74.1:1 and praying that such party defendant be restrained and enjoined
from continuing the acts complained of, such court shall have jurisdiction
to hear and determine the issues involved, to issue injunctions pendente
lite and permanent injunctions and to decree damages and costs of suit,
including reasonable counsel fees to complainants’ and defendants’
counsel.

§ 18.1-74.1:3. (a) No natural person shall be prosecuted or be
subjected to any penalty or forfeiture for or on account of any trans-
action, matter or thing concerning which he may testify or produce
evidence, documentary or otherwise, in any action, suit, or prosecution
authorized by § 18.1-74.1:1 or § 18.1-74.1:2; provided, that no person so
testifying shall be exempt from prosecution or punishment for perjury
committed in so testifying.

(b) As used in § 18.1-74.1:1 and § 18.1-74.1:2 a “person” is any

person, firm, corporation, partnership or association.
2. That if any part or parts, section, subsection, sentence, clause or
phrase of this act or the application thereof to any person or circumstance
is for any reason declared unconstitutional, such decision shall not affect
the validity of the remaining portions of this act which shall remain in
force as if such act had been passed with the unconstitutional part or
parts, section, subsection, sentence, clause, phrase or such application
thereof eliminated; and the General Assembly hereby declares that it
would have passed this act if such unconstitutional part or parts, section,
subsection, sentence, clause or phrase had not been included herein, or if
such application had not been made.

That § 59-21.1 of the Code of Virginia is repealed.