Chap. 502.—An ACT to amend and re-enact sections 3888, as amended by an act
approved January 15, 1894; 3902, 3903, 3904, 3909, as amended by an act ap-
proved March 1, 1898, and 3911, and to repeal section 3910 of the Code of Vir-
ginia.

Approved December 31, 1903.

1. Be it enacted by the general assembly of Virginia, That sections
thirty-eight hundred and eighty-cight, as amended by an act approved

January fifteenth, eighteen hundred and ninety-four; thirty-nine hun-
dred: and two, thirty-nine hundred and three, thirty-nine hundred and
four, thirty-nine hundred and nine, as amended by an act approved
March first, eighteen hundred and ninety-eight, and thirty-nine hundred
and eleven of the Code of Virginia be amended and re-enacted so as to
read as follows:

§ 3888. How attempts to commit offenses punished.—Every person
who attempts to commit an offense, and in such attempt does any act
towards its commission, shall, when not otherwise provided, be punished
as follows: If the offense attempted be punishable with death, the per-
son making such attempt shall be confined in the penitentiary not le=s
than two nor more than five years, except that attempts to commit rape
shall be punishable with death, or in the discretion of the jury, or of: the
court trying the case without a jury, by confinement in the penitentiary
not less than three nor more than eighteen years; if it be punishable by
confinement in the penitentiary, he shall be confined! in jail not less than
six nor more than twelve months; if it be punishable by confinement in
jail or fine, he shall be confined in jail not exceeding six months or fined
not exceeding one hundred dollars; but if the attempt be to commit
grand or petit larceny, he shall be fined or imprisoned in jail, in the dis-
cretion of the jury, or of the court trying the case without a jury, not les
than fifteen days nor more than six months.

§ 3902. How misdemeanors punished—A misdemeanor, for which
no punishment is prescribed by statute, shall be punished by fine or con-
finement in jail, or both, in the discretion of the jury, or of the court
trying the case without a jury.

§ 3903. How term of confinement, or amount of fine, of person con-
victed of felony is ascertained—The term of confinement in the peni-
tentiary, or in jail, of a person convicted of felony, if that punishment is
prescribed, and the amount of the fine, if the felony be also punishable
by fine, shall be ascertained by the jury, or by the court trying the case
without a jury, so far as the term of confinement and the amount of the
fine are not fixed by law..

§ 3904. How of person convicted of misdemeanor; minimum fine.—
The term of confinement in jail of a person convicted of a misdemeanor,
where that punishment only is prescribed, and the amount of the fine,
where the punishment is by fine only, and the term of confinement and
amount of the fine, where the misdemeanor is punishable both by con-
finement in jail and fine, or where it is punishable by either or both, in
the discretion of the jury, or of the court trying the case without a jury,
shall, except where it is otherwise provided, be ascertained by the jury
or justice trying the case, or by the court trying the case without a jury,
so far as the term of confinement and the amount of the fine are not fixed
by law: provided, that no fine shall be assessed by a jury, or court, at less
than five dollars, or by a justice at less than two dollars and: fifty cents,
unless otherwise provided by law.

§ 3909. Clerks to keep registers of descriptive lists of persons con-
victed of felony, and so forth; form of register; photographs of convict
may be taken; copy of lists and photographs to be evidence of identity,
and so forth.—The clerk of the circuit court of each county and of the
circuit, corporation, or hustings court of each corporation shall keep a
register of full and accurate descriptive lists of every person convicted in
his own court of felony or other infamous offense. Such register shall
be kept written up, well indexed. Each list shall be duly attested by said
clerk, and the same shall be open to public inspection at all reasonable
hours: provided, however, that in cities which have both a circuit and
a corporation court such register shall be kept by the clerk of the cor-
poration court only, but the clerk of the circuit court shall, within ten
days from the date of conviction of any person in his court of any felony
or other infamous offense, deliver to the clerk of the corporation court
for record in said register an attested descriptive list of the persons so
convicted in the form herein prescribed. For the service mentioned in
this section the said clerks shall each be entitled to a fee of fifty cents, to
be paid out of the State treasury.

-Whenever directed so to do by the judge or any court in which the
case has been tried the sheriff, sergeant, or chief of police of such county
or corporation shall cause to be taken the photograph of such convict,
and the clerk of said court shall file a copy of such photograph with the
records of the case: provided, however, that the costs of taking such
photograph shall not be paid out of the treasury of the Commonwealth.

A duly certified and attested copy of such descriptive list and such
photograph may be used as prima facie evidence of the facts therein
stated or shown in any question of identity.

Such register shall be in the following form:

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§ 3911. The judges of the respective courts shall take care that the
provisions of section thirty-nine hundred and nine are punctually and
properly carried out by their respective clerks.

2. Be it further enacted, That section thirty-nine hundred and ten of
the Code of Virginia be, and the same is hereby, repealed.

3. This act shall be in force on and after the first day of February,
nineteen hundred and four.
786 ACTS OF ASSEMBLY.