Sec. 965 (2832). Where amended, how construed.

Where a part of a statute is amended it is not to be considered as having been repealed and re-enacted in the amended form; but the portions which are not altered are to be considered as having been the law since their enactment, and the new provisions as having been enacted at the time of the amendment.

Code, s. 3766; 1868-9, c. 270, s. 22; 1870-1, c. 111.

STEVEDORES.

Sec. 966 (3791). Stevedores to obtain license.

If any person shall engage in the business of loading or unloading vessels upon contract, or if any person shall solicit or make any contract for himself or for any other person to load or unload any vessel, either by day's work or by the job for the owners, master, consignee or shipper, or do or perform any other of the work usually performed by contracting or boss stevedores, without having previously obtained license from the sheriff in the manner provided by law, he shall be guilty of a misdemeanor and shall be fined or imprisoned, or both, at the discretion of the court. 1891, c. 450, s. 1; 1899, c. 595.

See also FENCES.

STOCK LAW.

Sec. 967 (3319). Stock law territory; not to run at large in.

If any person shall allow his live stock to run at large within the limits of any county, township or district, in which a stock law prevails or shall prevail pursuant to law, he shall be guilty of a misdemeanor, and fined not exceeding fifty dollars or imprisoned not exceeding thirty days.

Code, s. 2811; 1889, c. 504.

Sec. 968 (3320). Stock law territory; willful driving on lands of.

If any person, in any stock law territory, shall willfully, and not as the result of an accident, ride any horse or mule, or drive any horse or mule, either loose or to any vehicle or wagon, over the cultivated or enclosed lands of another, he shall be guilty of a misdemeanor, and upon conviction shall be fined not exceeding ten dollars.

Code, s. 2829; 1885, c. 100; 1883, c. 391, ss. 1, 3.

Sec. 969 (3321). Stock law territory; riding or driving in.

If any person, by riding or driving upon the lands of another without permission, or while driving live stock along any roadway, public or private, shall willfully, deliberately or recklessly do or permit to be done any actual injury to said land, or to the crops or other property growing or being thereon, he shall be guilty of a misdemeanor, and upon conviction shall be fined not more than fifty dollars or imprisoned not more than thirty days. But no such offender shall be proceeded against, unless the party injured. or some one in his behalf, shall cause a warrant to be issued, or an indictment to be found against the party offending, within fifteen days after the commission of the offense.

Code, s. 2828; 1889, c. 118.

Sec. 970 (3322). Stock law territory; owner in, turning outside.

If any person having stock within the limits of a stock law territory, shall allow the same to run at large beyond the boundaries of said territory, he shall be guilty of a misdemeanor, and on conviction thereof shall be fined not more than fifty dollars or impris oned not more than thirty days: Provided, that a person owning or renting land outside of the stock law territory may turn his stock upon the said land outside of the stock law district.

Code, s. 2827; 1889, c. 266; 1885, c. 371.

Sec. 971 (1660). Fences to be five feet high.

Every planter shall make a sufficient fence about his cleared. ground under cultivation, at least five feet high, unless otherwise provided in this chapter, unless there shall be some navigable stream or deep water-course that shall be sufficient, instead of such fence, and unless his lands shall be situated within the limits of a county, township or district wherein the stock law may be in force. Code, s. 2799; R. C., c. 48, s. 1; 1777, c. 121, s. 2; 1791, c. 354, s. 1.

Sec. 972 (1661). Four and a half feet in certain counties.

A fence four and one-half feet high shall be a lawful fence in the counties of Cumberland, Currituck, Cherokee, Burke, Rutherford, Yancey, Wilkes, Caldwell, Duplin, Jackson, Alleghany, Davidson, Harnett, Henderson, Wake, Craven, Richmond, Davie, Bladen, Northampton, Washington, Randolph, Robeson, Tyrrell, Brunswick and Lenoir: Provided, this section shall not apply to stock law fences.

1889, c. 175; 1891, c. 36; 1891, c. 233; 1905, c. 333.

Sec. 973 (1662). Four feet in certain counties.

A fence four feet high shall be a lawful fence in the counties. of Carteret, Pamlico, Hyde, New Hanover, Buncombe, Madison and McDowell.

1885, c. 304; 1887, c. 66; 1889, c. 390; 1903, c. 66; 1903, c. 211.

The law requiring the keeping up of lawful fences is not confined to planters, but applies to all persons. Bell, 25 (3 Ired.), 506.

Where the jury have found the facts, it becomes a question of law as to whether, according to the facts found, the fence is such a one as the law requires, or whether the navigable stream, watercourse, etc., is sufficient in lieu of a fence. Lamb, 30 (8 Ired.), 229.

A "pasture" is not "cleared ground under cultivation" within the meaning of the statute requiring a fence five feet high. Perry, 64–305.

A creek, ponded by a mill-dam, five feet deep and twenty-five yards wide, which is frequently crossed by hogs, is not a sufficient watercourse to supply the place of a fence. Lamb, 30 (8 Ired.), 229.

The statute does not apply to mere hirelings and laborers on farms, nor to a foreman whose business is simply to obey instructions of his employer, but a real manager or overseer, with discretion to employ the labor furnished in fencing, is liable to indictment for failure to keep up a proper fence. Taylor, 69-543.

The statute does not extend to persons in the rightful possession of the premises, as quasi tenants, occupying the same by consent of the owner. Williams, 44 (Busb.), 197.

JUDGE DECIDES WHETHER FENCE OR STREAM SUFFICIENT.-What is a sufficient fence, and what kind of a navigable stream or deep watercourse is to be deemed sufficient instead of a fence, are questions of law for the court. Lamb, 30 (8 Ired.), 229.

VIOLATION OF STATUTE A MISDEMEANOR.-A violation of the provisions of this statute is an indictable offense, since all acts or omissions contrary to the command or prohibition of a statute prohibiting a public grievance, is a misdemeanor at common law. Distinguishing State v. Snuggs, 85 N. C., 541. Bloodworth, 94–918.

SPECIAL VERDICT.-Since a special verdict must find all the facts necessary to constitute the offense charged, a special verdict under this statute which fails to find whether defendant comes within the exceptions specified, must be set aside. Bloodworth, 94–918.

STONE-HORSE.

Sec. 974 (3323). Stone-horse running at large.

If any person shall let any stone-horse or stone-mule of two years old or upwards run at large, he shall be guilty of a misdemeanor, and fined not exceeding fifty dollars or imprisoned not exceeding thirty days.

Code, s. 2325; R. C., c. 17, s. 6.

STRAYS.

Sec. 975 (3306). Failure to comply with law as to strays.

If any person shall fail to comply with any of the requirements of law as to strays, he shall be guilty of a misdemeanor and upon. conviction be fined not exceeding fifty dollars or imprisoned not exceeding thirty days.

Note. For duties as to strays, see chapter Strays.

Sec. 976 (2833). Owner notified; if unknown, register of deeds notified. Any person who shall take up any stray horse, mare, colt, mule, ass or jennet, neat cattle, hog or sheep, shall within ten days after taking up such stray inform the owner, if to him known, if not, he shall inform the register of deeds of the supposed age, marks. brands and color of the stray, and that the same was taken up at his plantation or place of abode; whereupon the register of deeds shall record such information in a book kept by him for that purpose, for which service the taker-up of said stray or strays shall pay a fee of twenty-five cents, except for hogs and sheep, for which the fee shall be ten cents. The register of deeds shall at once publish a notice of the taking up of such stray, by posting the same at the court-house door, and if the cost does not exceed two dollars, then in some newspaper published in the county. Such notices shall be published for thirty days, and shall contain a full and complete description of said stray and of all marks or brands on the same, and when and where the same was taken up. The fee for publishing such notices shall be paid by the party taking up the stray.

Code, s. 3768; 1874-5, c. 258, s. 2.

Sec. 977 (2834). Owner may reclaim.

When any stray has been taken up, the owner may at any time before a sale reclaim such stray by proving his ownership and paying to the party capturing the same the actual costs paid the register of deeds as provided in the preceding section, together with the actual costs of keeping such stray, as fixed by the county commissioners. The board of commissioners of the several counties shall fix a scale of costs for keeping strays.

Sec. 978 (2835). When and how strays sold.

If the owner of any stray shall fail to claim the same within thirty days after the publication of the notice required by law, the person taking up the stray shall cause the stray to be appraised by

the nearest magistrate and two freeholders, none of whom shall receive any fees for such services. Such appraisement shall give a full and accurate description of such stray and shall by the magistrate be returned to the register of deeds, and by him recorded in his book for strays; and the register of deeds shall issue an order to the sheriff directing him to sell such stray, and the sheriff shall sell such stray at public auction after ten days public advertisement as for sales of personal property under execution; and out of the proceeds he shall pay the cost of publishing the notices as to strays, the costs of keeping and the costs of sale, and shall pay the surplus to the county treasurer for the benefit of the public school fund of the county. The county board of education shall, at any time within twelve months after such funds have been paid to the county treasurer, upon due proof of ownership, issue an order commanding the county treasurer to pay to the owner of the stray the net amount paid the county treasurer as the proceeds of the sale of the stray.

STREAMS, SPRINGS AND WATERSHEDS.

Sec. 979 (3857). Depositing human excreta on.

If any person shall collect and deposit human excreta on the watershed of any public water supply he shall be guilty of a misdemeanor, and punished by fine and imprisonment, in the discretion of the court.

1903, c. 159, s. 12.

Sec. 980 (3858). Discharging sewerage into certain streams.

If any person, firm, corporation or other officer of any municipality having a sewerage system in charge shall violate the provision of law relating to discharging sewerage into streams from which public drinking water is taken he shall be guilty of a misdemeanor.

1903, c. 159, s. 13.

Sec. 981 (3859). Disobeying instructions.

If any person residing on or owning property on a watershed of any stream from which public drinking water is obtained shall fail to comply with the provisions of the law for protection of such water supply, he shall be guilty of a misdemeanor, and punished by a fine of not less than two dollars nor more than twenty-five