FERRIES.

An indictment charging a railroad company, as the owner of a public ferry, with a failure to keep the ferry in repair, must set forth how the duty of keeping up the ferry became imposed upon the company. Wilmington & M. R. R. Co., 44-234.

A sale of land with a franchise annexed, as a ferry, passes the franchise as an incident, and the purchaser is liable to indictment for failure to keep the ferry in repair. Willis, 44-223.

FERTILIZERS.

Sec. 322 (3818). Fertilizers containing matter not available as plant food. If any person shall willfully 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.

Sec. 323 (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 required by the department of agriculture so to do, fail or refuse to furnish monthly statements of the quantity of such fertilizers with the names of the consignor and consignee and the name of the brand delivered on their respective lines at all points within this state, or shall fail or refuse to submit the books of such transportation company for examination, he shall be guilty of a misdemeanor.

1901, c. 479, s. 10.

Sec. 324 (3820). Fertilizers; removal or sale of, after condemned.

If any fertilizer shall be condemned, as by law provided, it shall be the duty of the agricultural department to have an analysis made of the same and cause printed tags or labels expressing the true chemical ingredients of the same to be put upon each bag, barrel or package, and shall fix the commercial value thereof at which it may be sold, and any person who shall sell, offer for sale or remove any such fertilizer, or any agent of any railroad or other transportation company who shall deliver any such fertilizer in violation of this section shall be guilty of a misdemeanor.

1901, c. 479, s. 8.

Sec. 325 (3821). Fertilizers; violation of regulations.

If any person shall willfully violate any regulation made by the commissioner and board of agriculture concerning the sale of commercial fertilizers, seeds, and food products, he shall be guilty of a misdemeanor.

1901, c. 479, s. 4, subs. 9.

Sec. 326 (3822). Fertilizers, without tags.

If any person shall sell or offer for sale any fertilizer or fertilizing material not having attached thereto the tags and labels required by law, he shall be guilty of a misdemeanor.

1901, c. 479, s. 5.

FINES.

Sec. 327 (3579). Failure to report of fines.

If any officer who is by law required to file any report or statement of fines or penalties with the county board of education, shall fail so to do at or before the time fixed by law for the filing of such report, he shall be guilty of a misdemeanor.

1901, c. 4, s. 62.

Sec. 328 (3594). Officer failing to pay over fines, penalties, etc.

If any officer who receives or collects a fine, penalty or forfeiture in behalf of the state, or any tax imposed on licenses to retailers of wines, cordials, malt or spirituous liquors, and auctioneers, shall not, within thirty days after such reception or collection, pay over and account for the same to the treasurer of the county board of education for the benefit of the fund for common schools in such county, he shall be guilty of embezzlement, and may be punished not exceeding five years in the state's prison, and fined, at the discretion of the court.

Code, s. 3678; 1872-3, c. 144, subc. 6, ss. 6, 7; 1883, c. 136, s. 48.

Fines, from their very nature, being punishment for violation of the criminal law, belong to the state, and the legislature can not appropriate their clear proceeds to any other purpose than the school fund. Maultsby, 139-583.

A statute providing that an informant shall receive one-half of the fines imposed for selling liquor is unconstitutional, since fines belong to the state. Maultsby, 139-584.

Where a person is present in court and is ordered into custody for a fine, he can not be discharged and a fi. fa. issued. Johnston, 2-293.

By "clear proceeds" of a fine is meant the total sum less only the sheriff's fees for collection. Maultsby, 139-583.

FIRE LIMITS.

Sec. 329 (3608). Town officers failing to establish fire limits.

If the aldermen or commissioners of any city or town shall fail or refuse to establish and define the fire limits for such town according to law, they shall be guilty of a misdemeanor. This section shall not apply to aldermen or commissioners of those towns which are exempt from the law governing the inspection of buildings.

1905, c. 506, s. 7.

Sec. 330 (2985). Fire limits established.

The board of aldermen or the board of commissioners of all incorporated cities and towns shall pass ordinances establishing and defining fire limits, which shall include the principal business portion of the cities and towns.

1905, c. 506, s. 7.

[NOTE.-The two preceding statutes apply only to towns and cities having a population of over 1,000 according to last census. Rev. 1905, sec. 3011.]

FISHING.

Sec. 331 (2457). Setting nets across streams.

If any person shall set a net of any description across the main channel of any river or creek, or shall erect, so as to extend more than three-fourths of the distance, across any such river or creek any stand, dam, weir, hedge or other obstruction to the passage of fish, or shall erect any stand, dam, weir, or hedge, in any part of any river or creek that may be left open for the passage of fish, or who, having erected any dam where the same was allowed, and shall not make and keep open such slope or fishway as may be required by law to be kept open for the free passage of fish, he shall be guilty of a misdemeanor.

Code, ss. 3387, 3388, 3389.

Sec. 332 (2444). Fish offal not thrown in navigable waters.

If

any person shall throw, or cause to be thrown, into the channel of any of the navigable waters of the state, any fish offal, in any quantity that shall be likely to hinder or prevent the passage of fish along such channel, or if any person shall throw or cause to be thrown into the waters known as the Frying Pan, tributary to the

Great Alligator river, in Tyrrell county, any fish offal in any quantities whatsoever, he shall be guilty of a misdemeanor.

Code, ss. 3386, 3389, 3407.

Sec. 333 (3414). Fisheries, injury to.

If any person shall willfully destroy or injure any platform or structure on any land covered by navigable waters, which land has been duly entered and granted and over which the owner has, according to law, acquired a prior right of fishery, or shall interfere with or molest the owner in the use thereof or of said prior right of fishery, he shall be guilty of a misdemeanor.

Code, s. 2753; 1874-5, c. 183, ss. 2-4.

Sec. 334 (3415). Injuring platforms erected for.

If any person shall willfully destroy or injure any platform or structure erected in any navigable water by the owner of the adjoining land for the purpose of drawing or hauling nets or seines thereon, or shall interfere with or molest the owner in the use of any such lands, he shall be guilty of a misdemeanor.

Code, s. 2753; 1874-5, ss. 2-4.

Sec. 335 (2438). Menhaden fishing.

If any person shall catch any menhaden or fatbacks within the waters of the state of North Carolina, to the extreme limits of the state's jurisdiction in and over such waters in any purse net or purse sein with a bar of less than one inch and with a mesh of less than two inches, or shall knowingly cook or manufacture for fertilizer any menhaden or fatbacks caught in any net or seine having bars of less than one inch or having meshes of less than two inches at any place within the state of North Carolina, he shall be guilty of a misdemeanor, and for each and every offense shall be fined not less than five hundred dollars or imprisoned for one year, or both, in the discretion of the court. For the purposes of this section the following boundaries are hereby declared to be the boundaries to which the waters of the said state extend, to-wit: A distance of three nautical miles, measured from the outer beach or shores of the state of North Carolina out and into the waters of the Atlantic ocean; and any portions of any water within a distance of three miles from said waters of the Atlantic ocean to any beach or shore of said state shall be deemed within the waters of said state for the purposes of this section. This section shall not apply to the counties of Dare, Brunswick, Pender and New Hanover. Every person found fishing for menhaden or fatbacks within three miles of the shore of any county, except the counties of Brunswick, New

Hanover and Pender, shall be presumed to have violated this section. And all such persons, firms or corporations shall be subject to all the pains and penalties denounced in this section, and they may be prosecuted in the courts of any county in this state. persons aiding and abetting shall be guilty as principals.

1905, cc. 274, 508.

Sec. 336 (3416). In Cape Fear by non-residents.

All

If any person who is a non-resident of the state shall catch fish, for marketable purposes, in the waters of the Cape Fear river, or of its tributaries, he shall be guilty of a misdemeanor, and upon conviction shall be fined or imprisoned at the discretion of the court.

any

1895, c. 230.

Sec. 337 (3417). Poisoning streams to kill fish.

If any person shall put any poisonous substance for the purpose of catching, killing or driving off any fish in any of the waters of a creek or river, he shall be guilty of a misdemeanor.

Code, s. 1094; 1883, c. 290.

Sec. 338 (2459). License tax on non-residents fishing with seines.

If any person, not being a citizen and resident of this state, shall catch fish by seines, nets or other appliances for taking fish for marketable purposes in any waters within the jurisdiction of this state, without first obtaining therefor a license from the state treasurer and for which he shall pay a privilege tax of twenty-five hundred dollars per annum, he shall be guilty of a misdemeanor, and upon conviction in the superior court of any county contiguous to the waters so fished as aforesaid, shall be fined not exceeding three thousand dollars or imprisoned not exceeding two years, or be both fined and imprisoned, as aforesaid, in the discretion of the court; and any citizen of this state, or other person who shall form an alliance or copartnership with a non-resident for the purpose of evading this section or who shall act as an agent of any such nonresident, or as his servant, agent or employee, shall be deemed guilty of a misdemeanor, and upon conviction in the superior court of any county bordering upon the waters fished as aforesaid, shall be fined not less than one hundred dollars or imprisoned not less than six months, or be both, in the discretion of the court; and the nets, seines, boats or other appliances of such person shall be liable by civil action to seizure and confiscation for the benefit of the public school fund. Any person who shall violate this section shall forfeit and pay the sum of five hundred dollars for each day en