subject to a fine of not less than ten dollars or more than one hundred dollars for each day. The North Carolina corporation commission is hereby authorized to make exemptions from the provisions of this section in such cases as in their judgment the enforcement of this section is unnecessary.

1901, c. 743, s. 2.

3802. Unsafe buildings allowed to stand. If the owner of any building which has been condemned as unsafe and dangerous by any local inspector, after being notified by the inspector in writing of the unsafe and dangerous character of such building, shall permit the same to stand or continue in that condition, he shall forfeit and pay a fine of not less than ten nor more than fifty dollars for each day such building continues after such notice. This section shall not apply to towns and cities exempt from the law governing the inspection of buildings.

1905, c. 506, s. 15.

XXXVIII. SALES.

3803. Butchers to keep record. If any butcher shall fail to keep a book of registration and register the ear-mark, brand or flesh-mark of all cattle, sheep, swine or goats, and the name of the parties purchased from in said registration, and the date of said purchase, which registration shall be open to the inspection of all persons, he shall be guilty of a misdemeanor, and upon conviction shall pay a fine of fifty dollars for each offense: Provided, this shall only apply to the counties of Rockingham, Bertie, Edgecombe, Halifax, Martin, Orange, Pitt, Wilson, Wayne, Jones, Warren, Johnston, Richmond, Northampton, Franklin, Craven and Chowan; and Warsaw township in Duplin county.

1889, c. 318; 1895, c. 363; 1891, c. 38; 1891, c. 557; 1893, c. 116; 1903, c. 82; 1905, c. 31.

3804. Cigarettes to minors. If any person shall sell, give away or otherwise dispose of, directly or indirectly, cigarettes, or tobacco in the form of cigarettes, or cut tobacco in any form or shape which may be used or intended to be used as a substitute for cigarettes, to any minor under the age of seventeen years; or if any person shall aid, assist or abet any person in selling such articles to such minor, he shall be guilty of a misdemeanor, and upon conviction. shall be punished by fine or imprisonment in the discretion of the

court.

1891, c. 276.

3805. Cigarettes to minors, aiding. If any person shall aid or assist any minor child under seventeen years of age in obtain

ing the possession of cigarettes, or tobacco in any form used as a substitute therefor, by whatsoever name it may be called, he shall be guilty of a misdemeanor and upon conviction shall be fined or imprisoned in the discretion of the court.

1891, c. 276, s. 2.

3806. Cocaine, opium, morphine. If any person shall sell by retail or give away any preparation containing more than thirty per cent. of cocaine, morphine or opium, except upon the written prescription of a reputable practicing physician, veterinary surgeon or dentist licensed under the laws of the state, which said prescription shall not be refilled unless so directed by the attending physician, except in cases of emergency and in the absence of a physician, he shall be guilty of a misdemeanor, and shall be imprisoned not exceeding thirty days, or fined not exceeding fifty dollars. No veterinary surgeon shall be allowed to prescribe for a human being or to sell, give away, or in any manner dispose of the drugs mentioned in this section except for the use of dumb animals. The provisions of this section shall not apply to sales at wholesale by any manufacturer or wholesale dealer who shall sell to retail druggists in original packages only.

1905, c. 85.

3807. Concentrated feeding stuff, taxes not paid. If any manufacturer, importer, jobber, agent or seller shall sell, offer or expose for sale, or for distribution in this state, any concentrated commercial feeding stuff as defined by law without complying with the requirements of the law as to branding the same, and as to filing samples with the commissioner of agriculture, or tagging the same, and paying the tax thereon, or in any other way shall sell or offer or expose for sale or distribution any concentrated commercial feeding stuff which contains substantially a smaller percentage of constituents than are certified to be contained, or who shall adulterate any feeding stuff with foreign, mineral, or other substance or substances, or with substances injurious to the health of domestic animals, he shall be guilty of a misdemeanor, and shall be fined not exceeding fifty dollars for each offense, or imprisoned not exceeding thirty days, and the lot of feeding stuff in question shall, in addition, be subject to seizure, condemnation and sale by the commissioner of agriculture, as prescribed for the seizure, condemnation and sale of commercial fertilizers in this state. The proceeds from sales under seizure shall be covered into the state treasury for the use of the department of agriculture in executing the provisions of this section.

1903, c. 325, s. 6.

3808. Commercial feeding stuffs. If any person shall violate any regulation adopted by the board of agriculture for the enforcement of the law in reference to sale of concentrated commercial feeding stuffs, he shall be guilty of a misdemeanor.

1903, c. 325, s. 5.

3809. Corn, in certain counties. If any person shall buy, sell, deliver, or receive for a price or for any reward whatever, any corn in the ear or shelled of a less amount than five bushels, between the hours of sunset and sunrise, he shall be guilty of a misdemeanor, and upon conviction be punished by a fine not exceeding fifty dollars or imprisoned not exceeding thirty days. In all prosecutions under this section it shall only be necessary for the state to allege and prove that the defendant bought or received the corn as charged, and the burden shall be upon the defendant to show that the provisions of this section have been complied with: Provided, this section shall only apply to the counties of Beaufort, Hyde, Martin, Tyrrell, Washington, Pamlico, Halifax and Edgecombe.

1889, c. 90; 1891, c. 6; 1891, c, 8.

3810. Corn meal. If any person shall pack for sale, sell or offer for sale in this state any corn meal except in bags or packages containing by standard weight two bushels or one bushel or one-half bushel or one-fourth bushel or one-eighth bushel respectively, each bag or package of corn meal shall have plainly printed or marked thereon whether the meal is "bolted" or "unbolted," the amount it contains in bushels or fraction of a bushel, and the weight, he shall be guilty of a misdemeanor and fined not exceeding fifty dollars, or imprisoned not exceeding thirty days: Provided, the provisions of this section shall not apply to the retailing of meal direct to customers from bulk stock when priced and delivered by actual weight

or measure.

1905, c. 126, ss. 2, 3.

3811. Cotton; inspection and sale of, in certain counties. If any buyer of baled cotton shall fail to inspect all baled cotton when purchased and before the same is delivered, or shall make any deduction from the price agreed to be paid therefor on account of any inspection made after delivery of the same, he shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not more than fifty dollars or imprisoned not exceeding thirty days. This section shall apply only to the counties of Stanly, Cabarrus, Montgomery, Anson, Catawba, Richmond and Rowan: Provided, this section shall not have the effect to prevent a deduction or rebate on the price agreed for fraudulent baling or packing of cotton or to prevent an

indictment for false pretenses in the counties of Montgomery, Rowan and Stanly.

1891, c. 287; 1899, c. 320.

3812. Cotton in seed, and peanuts; sale of. If any person shall buy, sell, deliver or receive for a price, or for any reward whatever, any cotton in the seed where the quantity is less than what is usually baled, or any peanuts, and shall fail to enter upon a book to be kept by him for such purpose the date of such buying or receiving, the number of pounds in each lot, the person or persons from whom bought or received, the name of the owner of the land on which such cotton is raised, and the price paid for the same per pound, which book shall be open to inspection by the public at all business hours of the day, he shall be guilty of a misdemeanor, and upon conviction be punished by a fine not exceeding fifty dollars or imprisoned not exceeding thirty days. In all prosecutions under this section it shall only be necessary for the state to allege and prove that the defendant bought or received the seed cotton or peanuts as charged, and the burden shall be upon the defendant to show that the provisions of this section have been complied with.

1887, c. 199; 1905, cc. 201, 523.

3813. Cotton; sale of, at night. If any person shall buy, sell, deliver or receive, for a price, or for any reward whatever, any cotton in the seed, or any unpacked lint cotton, brought or carried in a basket, hamper or sheet, or in any mode where the quantity is less than what is usually baled, or where the cotton is not baled, between the hours of sunset and sunrise, such person so offending shall be guilty of a misdemeanor. On conviction, in Mecklenburg and Nash counties, the offender shall be imprisoned not less than three months nor more than twelve months, and shall also be liable to a penalty of two hundred dollars, one-half of which shall go to the party suing for same and one-half to the public schools of the county. Code, s. 1006; 1873-4, c. 62; 1874-5, c. 70; 1905, c. 417.

3814. Cotton-seed meal; sale of, not having been inspected. If any person shall sell or offer for sale any cotton-seed meal, which has not been inspected and branded as required by law, or shall sell any cotton-seed meal containing a less quantity of ammonia than is authorized by law, or shall violate any regulation or rule made by the state board of agriculture regulating the sale, inspection, branding or tagging of cotton-seed meal, he shall be guilty of a misde

meanor.

1903, c. 339, ss. 3-5; 1905, c. 207, s. 6.

3815. Cotton weigher failing to file oath. Every public weigher of cotton shall, before entering on the duties of his office, make and subscribe the oath prescribed for cotton weighers, which, when made, shall be filed in the office of the register of deeds for the county in which the person acts as weigher, and said register shall make a note of the same, and any person acting as weigher without making and filing the oath, shall be guilty of a misdemeanor, and shall be fined twenty-five dollars for every bag, bale, or package of cotton which he shall have unlawfully weighed before being qualified to

do so.

Code, s. 1008; 1874-5, c. 58, s. 2.

3816. Cotton, weighing of. If any weigher or purchaser of cotton shall make any deduction from the weight of any bag, bale or package of lint cotton, for or on account of the draft, turn or break of the scales, steelyards, or other implement used in weighing the same, or for any other cause except as herein allowed, the person so offending shall be guilty of a misdemeanor, and fined three hundred dollars or imprisoned, in the discretion of the court: Provided, that the weigher may make such proper deduction as shall be agreed on by him, and the seller, or his agent, for water, dirt or other foreign substance, in or on such bag, bale, or package of cotton, or for other just cause.

Code, s. 1007; 1874-5, c. 58, ss. 1, 3.

3817. Dynamite; selling, without a license. If any dealer or other person shall sell, or keep for sale any dynamite cartridges, bombs, or other combustibles of a like kind, without first having obtained from the board of commissioners of the county where such person or dealer resides a license for that purpose, he shall be guilty of a misdemeanor.

1887, c. 364, ss. 1, 4.

3818. Fertilizers containing matter not available as plant food. If any person shall wilfully sell or offer for sale any fertilizer or fertilizer material which contains hair, hoof-meal, horn, leather scraps or other deleterious substances not available as food for plants, but in which said forbidden materials aid in making up the required or guaranteed analysis, he shall be guilty of a misde

meanor.

1901, c. 479, s. 9.

3819. Fertilizers; officers and agents of transportation companies to furnish information. If any officer, agent, or manager of any railroad, steamboat or other transportation company transporting fertilizers or fertilizing material into this state shall, when