WANTON-DEFINITION OF.

The illegal act is wanton when it is needless for any rightful purpose, without adequate legal provocation, and manifests a reckless indifference to the interests and rights of others. Brigman, 94-888.

An act is not wanton when done impulsively under the influence of suddenly aroused passion. Martin, 141-839.

WAREHOUSEMAN.

Sec. 1057 (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.

WATER COMPANIES.

Sec. 1058 (3054). Analysis to be made.

Every water company, whether owned by private individuals or corporations, or by a municipality, shall have made, not less frequently than once in every three months, at its own expense, by the chemist of the state board of health, or such chemist as the said board may designate, a chemical analysis, and once every month a bacteriological examination at its own expense by the biologist of the state board of health, or such biologist as said board may designate, of a sample of its water drawn from a faucet used for drinking purposes, packed and shipped in accordance with the instructions to be furnished by the secretary of the state board of health.

1899, c. 670, s. 6; 1903, c. 159, s. 4; 1905, c. 287.

Sec. 1059 (3055). State board of health may have examination made; fee.

For carrying out the provisions of this chapter the state board of health is authorized and empowered to have the bacteriological examination made as herein before provided for, and to charge for the same the sum of five dollars for each examination.

1903, c. 159, s. 17.

Sec. 1060 (3056). State board of health to make examinations.

As a check and guarantee of the faithful performance of the requirements laid down in this chapter the state board of health shall make or have made by its authorized agents such inspections of the watersheds and such chemical and bacteriological examinations of the public water supplies of the state as may be deemed necessary to insure their purity. Should such inspections or examinations show conditions dangerous to the public health the secretary of the state board of health shall notify the mayor, the municipal health officer and the superintendent or manager of the water-works at fault and demand the immediate removal of said dangerous conditions. If at the end of thirty days after the service of said notice and demand, the said dangerous conditions have not been removed to the extent that due diligence could accomplish such removal, the said secretary shall have printed in one or more of the local newspapers a plain statement of the facts for the information and protection of the citizens using the water. And if at the end of ninety days more, or four months from the time of the first service of said notice of dangerous conditions and demand for removal, the said removal has not been accomplished, the firm, individual or corporation selling water to the public shall be guilty of a misdemeanor, and shall, upon conviction thereof, be fined in the sum of five hundred dollars; and a continuance of the said conditions dangerous to the public health for thirty days thereafter shall constitute a new offense and be punishable by a fine of the same amount: Provided, that the time limit. above set may be extended by a committee of three members of the state board of health, of which committee the secretary and the engineer shall be two, to such extent as the facts and conditions in the case may in their judgment warrant.

1899, c. 670, s. 7; 1903, c. 159, s. 9; 1907, c. 963.

[The latter part of the above statute beginning with the words "And if at the end of ninety days or more," does not apply to Mecklenburg and Wake counties. 1907, c. 963.]

WILLFUL-MEANING OF.

The word "willful," when used in a statute creating an offense, implies the doing of the act purposely and deliberately in violation of law. Whitener, 93-590.

An act is not willful when it is not preconceived, but is merely done impulsively under the influence of suddenly aroused passion. Martin, 141-839.

WORKING STREETS.

It is not the duty of town commissioners to personally work the streets. Dickson, 124-873.

But it is their duty to cause the public streets to be kept in proper repair, by the use of the public funds, or other means provided by law for that purpose, and a failure to do so renders them indictable. Dickson, 124-873.

Where the law directs the levying of taxes for the purposes of working the streets, town commissioners whose duty it is to levy the tax are indictable for failure to keep the streets in repair by using the money arising from taxation for that purpose. Fayetteville, 1—419.

Where several streets are out of repair, only one indictment against the officers whose duty it is to keep the streets in repair can be sent. Fayetteville, 6 (2 Mur.), 371.

WRECKS.

Sec. 1061 (3562). Violating chapter on wrecks.

If any person shall violate any of the provisions of the chapter entitled Wrecks, he shall be guilty of a misdemeanor.

Sec. 1062 (3563). Wrecks, commissioner of, violating law.

If any commissioner of wrecks shall by fraud or willful neglect violate any of the provisions of the chapter entitled Wrecks, or abuse the trust reposed in him, he shall forfeit and pay double the amount of damages to the party aggrieved, and shall be guilty of a misdemeanor, and upon conviction shall forfeit his office and shall thereafter be incapable of acting as commissioner.

1899, c. 79, s. 25.

Sec. 1063 (3564). Wrecks, resisting commissioner of.

If any person shall willfully and unlawfully resist, delay or obstruct any commissioner of wrecks in discharging or attempting to discharge his duties as such commissioner, he shall be guilty of a misdemeanor.

1905, c. 66, s. 2.

WRECKED OR STRANDED GOODS.

Sec. 1064 (3548). Failure to report finding wrecked property.

If any person shall find any wrecked or stranded property on or near the sea-shore, and no person be present to claim the same, and such finder shall refuse to report such goods found he shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not more than fifty dollars, or imprisoned not more than thirty days.

1899, c. 79, s. 24.

WRIT OF ERROR.

NO WRIT OF ERROR IN CRIMINAL CASES.-The writ of error in criminal cases does not obtain in this state, and a certiorari to bring up a case in which a prisoner has been properly convicted but illegally sentenced can not be treated as such. Lawrence, 81-522.

WRIT OF PROHIBITION.

The writ of prohibition does not lie for grievances which may be redressed in the ordinary course of judicial proceedings by appeal, recordari or certiorari, and hence will not issue to prevent a mayor from proceeding to try a warrant for an alleged violation of a city ordinance. Whitaker, 114-818.

The writ of prohibition, being a prerogative writ, is to be used with great caution to prevent usurpation and secure regularity in judicial proceedings where none of the ordinary remedies provided by law give the desired relief, and damage and wrong will ensue pending their application. Whitaker, 114-818.

Instances in which the writ has been granted by courts in other states pointed out. Whitaker, 114–818.

Where a petition for a writ of prohibition is entertained the usual practice, unless prior notice of the petition has been given, is to issue a notice to the lower court to show cause why the writ should not issue and to stay proceedings in the meantime. Whitaker, 114-818.

The writ of prohibition, which existed at common law and is authorized by article 4, section 8, of the constitution, can be issued only by the supreme Whitaker, 114-818.

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