or criminal prosecution, and he shall be altogether pardoned of the offense so done or participated in by him. In all such prosecutions proof that the defendant was a party to a contract as agent or principal to sell and deliver any article, thing or property specified or named in such sections, or that he was the agent, directly or indirectly, of any party in making, furthering or effectuating the same, or that he was the agent or officer of any corporation or association or person in making, furthering or effectuating the same, and that the article, thing or property agreed to be sold and delivered was not actually delivered, and that settlement was made or agreed to be made upon the difference in value of said article, thing or property shall constitute against such defendant prima facie evidence of guilt. Proof that any person, corporation or other association of persons, either as principals or agents, has established an office or place where are posted or published from information received the fluctuating prices of grain, cotton, provisions, stocks, bonds and other commodities, or of any one or more of the same, shall constitute prima facie evidence of being guilty of violating the three preceding sections. 1905, c. 538, ss. 3, 4, 6.

3827. Obstructing inspector of concentrated feeding stuff in duties. If any person shall impede, obstruct, hinder or otherwise prevent or attempt to prevent any inspector or other person in the performance of his duty in collecting samples, or otherwise in connection with the inspection or sale of concentrated feed stuffs, he shall be guilty of a misdemeanor, and be fined not more than fifty dollars or imprisoned not more than thirty days.

1903, c. 325, s. 8.

3828. Oleomargarine sold without label. If any person shall sell, keep for sale, or offer for sale any oleomargarine or butterine, without having securely affixed on each package, tub or firkin thereof, a label on which shall be printed in large roman type the chemical ingredients and the proportions thereof, he shall be guilty of a misdemeanor, and upon conviction shall be fined not less than fifty dollars, or be imprisoned not exceeding thirty days; and for each subsequent offense be fined not less than two hundred dollars or imprisoned not less than six months, or both, in the discretion of the court. For the purposes of this section any article manufactured or compounded in imitation or semblance of butter, or which shall be composed of any ingredient in combination with butter, shall be deemed to be oleomargarine and butterine.

1895, c. 106.

3829. Poisons; sale regulated. If any person shall retail any poison enumerated in schedules A and B of this section, without

distinctly labelling the bottle, box, vessel or paper in which said poison is contained, with the name of the article, the word "poison," a vignette representing a skull and bones, and the name and place of business of the seller; or if any person shall sell or deliver any poison enumerated in said schedules A and B, unless upon due inquiry it be found that the purchaser is aware of its poisonous nature, and represents that it is to be used for a legitimate purpose; or if any person shall sell any poison included in schedule A without, before delivering the same to the purchaser, causing an entry to be made in a book kept for that purpose, stating the date of the sale, the name and address of the purchaser, the name and quantity of the poison sold, the purpose for which it is represented by the purchaser to be required, and the name of the dispenser, such book to be always open to proper authorities for inspection, he shall be guilty of a misdemeanor and be liable for all damages arising from such sale.

SCHEDULE A.

Arsenic and its preparations, corrosive sublimate, white precipitate, red precipitate, biniodide of mercury, cyanide of potassium, hydrocyanic acid, strychnine, and essential oil of bitter almonds.

SCHEDULE B.

Aconite, belladonna, colchicum, conium, nux vomica, henbane, savin, ergot, cotton root, cantharides, creosote, digitalis, and their pharmaceutical preparations, croton oil, chloroform, chloral hydrate, sulphate of zinc, carbolic acid, oxalic acid, opium and its preparations, except paregoric and other preparations of opium containing less than two grains to the ounce, and other deadly poisons. This section shall not apply to the dispensing of poison in usual doses and by physicians' prescriptions, nor to the sale of poisons by physicians in their actual practice, upon their own prescription; nor to the sale of such poisons by wholesale to pharmacists.

Code, ss. 3143, 3144; 1881, c. 355, ss. 9, 10.

3830. Spirits of turpentine, adulteration of. If any person shall adulterate or cause to be adulterated, any spirits turpentine, or shall knowingly sell or offer for sale as pure spirits turpentine, any adulterated spirits turpentine, he shall be guilty of a misdemeanor, and upon conviction shall be fined not less than fifty dollars, or imprisoned for thirty days.

1897, c. 482.

3831. Warehouse, unlawfully disposing of property stored in public. If any person unlawfully sells, pledges, lends or in any

other way disposes of or permits or is a party to the unlawful selling, pledging, lending, or other disposition of any goods, wares, merchandise, or anything deposited in a public warehouse without the authority of the party who deposited the same, he shall be punished by a fine not to exceed two thousand dollars and by imprisonment in the state's prison for not more than three years, but no officer, manager or agent of such public warehouse shall be liable to the penalties provided in this section, unless with the intent to injure or defraud any person, he so sells, pledges, lends, or in any other way disposes of the same, or is a party to the selling, pledging, lending or other disposition of any goods, wares, merchandise, article or thing so deposited.

1901, c. 678, s. 11.

3832. Weapons to a minor. If any person shall knowingly sell or offer for sale, give or in any way dispose of to a minor any pistol or pistol cartridge, brass knucks, bowie-knife, dirk, loaded cane, or sling-shot, he shall be guilty of a misdemeanor.

1893, c. 514.

XXXIX. SCHOOLS.

3833. Agents for sale of supplies not to be officers. If any member of any board of directors, board of managers, board of trustees of any of the educational, charitable, eleemosynary or penal institutions of the state, or any member of any board of education, or any county or district superintendent or examiner of teachers, or any school trustee of any school or other institution supported in whole or in part from any of the public funds of the state, or any officer, agent, manager, teacher or employee of said boards shall have any pecuniary interest, either directly or indirectly, proximately or remotely, in supplying any goods, wares or merchandise of any nature or kind whatsoever for any of said institutions or schools; or if any of said officers, agents, managers, teachers or employees. of said institution or school or state or county officer shall act as agent for any manufacturer, merchant, dealer, publisher or author for any article of merchandise to be used by any of said institutions or schools; or shall receive, directly or indirectly, any gift, emolument, reward or promise of reward for their influence in recommending or procuring the use of any manufactured article, goods, wares or merchandise of any nature or kind whatsoever to any of the said institutions or schools, he shall be forthwith removed from his position in the public service, and shall upon conviction be deemed guilty of a misdemeanor and fined not less than fifty

dollars nor more than five hundred dollars and be imprisoned, in the discretion of the court.

1899, c. 732, s. 73; 1897, c. 543.

3834. Books; selling, at greater than contract price. If any dealer, clerk, or agent shall sell any book adopted by the text-book commission for a greater price than the contract price he shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding fifty dollars.

1901, c. 1, s. 19.

3835. Buying supplies from interested officer. If any county board of education or school committee shall buy school supplies in which any member has a pecuniary interest, or if any school officers or teachers shall receive any gift, emolument, reward or promise of reward for influence in recommending or procuring the use of any school supplies for the schools with which they are connected, such person shall be removed from his position in the public service and shall, upon conviction, be deemed guilty of a misdemeanor. 1901, c. 4, s. 69.

3836. Census returns, false. If any person who is a member of the school committee of any district, as such, shall knowingly and wilfully take false or inaccurate census, or make a false or inaccurate return or report to the county superintendent of public instruction of the number of children in his district between the ages of six and twenty-one, he shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined and imprisoned at the discretion of the court.

1889, c. 353.

3837. Duty, failure of officer to discharge. If any officer shall fail to perform any of the duties required of him, in regard to the appropriation or distribution of the fund to bring the schools up to a four months' term or shall knowingly make any misrepresentation of facts in any report required of him in reference to such fund, he shall be guilty of a misdemeanor, and upon conviction shall be removed from his office and fined or imprisoned, in the discretion of the court.

1903, c. 751, s. 8.

3838. Disturbing. If any person shall wilfully interrupt or disturb any public or private school or temperance society or organization or any meeting lawfully and peacefully held for the purpose of literary and scientific improvement, or for the discussion of temperance or question of moral reform, either within or without the

place where such meeting or school is held, or injure any school building, or deface any school furniture, apparatus, or other school property, or property of any temperance society or organization, he shall be guilty of a misdemeanor, and fined not exceeding fifty dollars or imprisoned not more than thirty days.

Code, s. 2592; 1885, c. 140; 1901, c. 4, s. 28.

3839. Treasurer failing to report. If any treasurer of the county school fund shall fail to make reports required of him at the time and in the manner prescribed, or to perform any other duties required of him by law, he shall be guilty of a misdemeanor, and be fined not less than fifty dollars and not more than two hundred dollars, or imprisoned not less than thirty days, nor more than six months, in the discretion of the court.

1901, c. 4, s. 53.

3840. Witness failing to appear and testify. If any witness shall wilfully and without legal excuse fail to appear before the county board of education to testify in any matter under investigation by the board, he shall be guilty of a misdemeanor, and fined not more than fifty dollars or imprisoned not more than thirty days.

1901, c. 4, s. 15.

XL. SUNDAY.

3841. Fishing with nets on. If any person fish on Sunday with a seine, drag-net or other kind of net, except such as is fastened to stakes, he shall be guilty of a misdemeanor, and fined not less than two hundred nor more than five hundred dollars or imprisoned not more than twelve months.

Code, s. 1116; 1883, c. 338.

Note.

This section does not apply to Onslow county so far as established seines are concerned. 1885, c. 171; 1889, c. 23.

3842. Hunting on. If any person shall, except in defense of his own property, hunt on Sunday with a dog, or shall be found off his premises on Sunday, having with him a shotgun, rifle or pistol, he shall be guilty of a misdemeanor, and pay a fine not exceeding fifty dollars, or be imprisoned not exceeding thirty days.

Code, s. 3783; 1868-9, c. 18, ss. 1, 2.

3843. Hunting wild fowl on Sunday, and at night. If any person shall hunt or shoot wild birds or fowl on Sunday; or hunt or shoot them, except crows and hawks, on any day of the week after the hour of sunset and before the hour of daylight, with gun or fire,