to commit the crime of larceny," is sufficient, since the crimes created in both sections are of a cognate character, and, though the bill does not set out the crimes in the language of the statutes, sufficient matter appears to enable the court to proceed to judgment. Tytus, 98-705; 4 S. E. 29.

The indictment is not defective because it charges an intent to commit more than one offense. Christmas, 101-749; 8 S. E. 361.

EVIDENCE.-Evidence that defendant entered a dwelling-house in the night time, having no right to be there, and fled on being discovered, is in the absence of any explanation on his part, sufficient to be left to the jury. McBryde, 97-393; 1 S. E. 925.

Sec. 120 (3334). Burglary, intent to commit.

If any person shall be found armed with any dangerous or offensive weapon, with the intent to break or enter a dwelling, or other building whatsoever, and to commit a felony or other infamous crime therein; or shall be found having in his possession, without lawful excuse, any pick-lock, key, bit or other implement of house-breaking; or shall be found in any such building, with intent to commit a felony or other infamous crime therein, such person shall be guilty of a felony and punished by fine or imprisonment in the state's prison, or both, in the discretion of the court.

Code, s. 997; 24 and 25 Vic., c. 96, s. 58; 1907, c. 822.

Sec. 121 (3270). Burglary in first degree charged, verdict may be for second.

When the crime charged in the bill of indictment is burglary in the first degree, the jury may render a verdict of guilty of burglary in the second degree if they deem it proper to do so.

1889, c. 434, s. 3.

Sec. 122 (3330). Burglary, how punished.

Any person convicted, according to due course of law, of the crime of burglary in the first degree shall suffer death, and any one so convicted of burglary in the second degree shall suffer imprisonment in the state's prison for life, or for a term of years, in the discretion of the court.

Code, s. 994; 1889, c. 434, s. 2; 1870-1, c. 222.

BURNING WOODS.

Sec. 123 (3346). Notice to be given.

If any person shall set fire to any woods, except it be his own property; or, in that case, without first giving notice in writing to all persons owning lands adjoining to the woodlands intended to be

fired, at least two days before the time of firing such woods, and also taking effectual care to extinguish such fire before it shall reach any vacant or patented lands near to or adjoining the lands so fired, he shall, for every such offense forfeit and pay to any person who shall sue for the same fifty dollars, and be liable to any one injured in an action, and shall moreover be guilty of a misde

meanor.

Code, ss. 52, 53; R. C., c. 16, ss. 1, 2; 1777, c. 123, ss. 1, 2.

Sec. 124 (3347). Woods, from camp fires.

If any wagoner or other person encamping in the open air shall leave his camp without totally extinguishing the camp fires, or hunter who shall set fire to any tree, stump, or other combustible matter and leave without totally extinguishing such fire, he shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not exceeding fifty dollars, or imprisoned not exceeding thirty days.

Code, s. 54; 1885, c. 126, 1913, c. 8.

BURIAL OF THE DEAD.

Sec. 125. Penalty for violation of act.

Any person, who for himself or as an officer, agent or employee of any other person, or of any corporation or partnership, (a) shall inter, cremate or otherwise finally dispose of the dead body of a human being, or permit the same to be done, or shall remove said body from the primary registration district in which the death occurred or the body was found, without the authority of a burial or removal permit issued by the local registrar of the district in which the death occurred or in which the body was found; or (b) shall refuse or fail to furnish correctly any information in his possession, or shall furnish false information affecting any certificate or record, required by this act; or (c) shall willfully alter, otherwise than as provided by section seventeen of this act, or shall falsify any certificate of birth or death, or any record established by this act; or (d) being required by this act to fill out a certificate of birth or death and file the same with the local registrar, or deliver it, upon request, to any person charged with the duty of filing the same, shall fail, neglect or refuse to perform such duty

in the manner required by this act; or (e) being a state registrar, a chairman of a board of county commissioners, a mayor of a city or town, a local registrar, a deputy registrar, or subregistrar, shall fail, neglect or refuse to perform his duty as required by this act and by the instructions and direction of the state registrar thereunder, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall for the first offense be fined not less than five dollars ($5) nor more than fifty dollars ($50), and for each subsequent offense not less than ten dollars ($10) nor more than fifty dollars ($50), or be imprisoned in the county jail not more than thirty days or be both fined and imprisoned in the discretion of the court.

1913, c. 109, s. 21.

(See Vital Statistics Act Laws 1913, c. 109.)

BUTCHERS.

Sec. 126 (3803). Butchers to keep record.

If any butcher shall fail to keep a book or 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, Edgecomb, Halifax, Martin, Orange, Pitt, Wilson, Wayne, Jones, Warren, Johnston, Richmond, Northampton, Franklin, Craven, Chowan, Harnett and Gates; 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, 1909, c. 865.

BUYING AND SELLING OFFICES.

Sec. 127 (3571). Buying and selling offices.

If any person shall bargain to sell an office or deputation of an office, or any part or parcel thereof, or shall take money, reward, or other profit, directly or indirectly, or shall take any promise, covenant, bond or assurance for money, reward or profit, for an

office or the deputation of an office, or any part thereof, which office or any part thereof shall touch or concern the administration or execution of justice, or the receipt, collection, control, or disbursement of the public revenue, or shall concern or touch any clerkship in any court of record wherein justice is administered; or if any person shall give or pay money, reward or profit, or shall make any promise, agreement, bond or assurance for any of the said offices, or for the deputation of any of them, or for any part of them, the person so offending in any of the cases aforesaid shall be guilty of a misdemeanor, and on conviction thereof shall forfeit all his right, interest and estate in such office, and every part and parcel thereof, and shall be imprisoned and fined at the discretion of the court.

R. C., c. 34, s. 33, 5, 6 Edw. VI., 16, ss. 1, 5.

CASTRATION.

Sec. 128 (3627). Castration with malice.

If any person, of malice aforethought, shall unlawfully castrate any other person, or cut off, maim, or disfigure any of the privy members of any person, with intent to murder, maim, disfigure, disable or render impotent such person, the person so offending shall suffer imprisonment in the state's prison for not less than five nor more than sixty years.

Code, s. 999; R. C., c. 34, s. 4; 1831, c. 40, s. 1; 1868-9, c. 167, s. 6.

Sec. 129 (3626). Castration or maiming without malice aforethought.

If any person shall, on purpose and unlawfully, but without malice aforethought, cut or slit the nose, bite or cut off a nose, lip or ear, or disable any limb or member of any other person, or castrate any other person, or cut off, maim, or disfigure any of the privy members of any other person, with intent to kill, maim, disfigure, disable or render impotent such person, the person so offending shall be imprisoned in the county jail or state's prison not less than six months nor more than ten years, and fined, in the discretion of the court.

Code, s. 1000; R. C., c. 34, s. 47; 1754, c. 56; 1791, c. 339, ss. 2, 3; 1831, c. 40, s. 2.

CATTLE KILLED IN WOODS.

Sec. 130 (3315). Killing cattle and failing to show hide and ears. If any person shall kill any neat cattle, sheep or hog in the woods or range, and shall for two days fail to show the hide and ears to the nearest justice or two freeholders, he shall be guilty of a misdemeanor.

Code, s. 2318; R. C., c. 17, s. 2; 1901, c. 546.

CAVEAT EMPTOR.

The doctrine of caveat emptor does not apply where defendant sold four barrels of crude turpentine, representing "that they were all right, just as good at bottom as at top," when in fact the barrels contained only a small quantity of turpentine on top, the rest of the contents being chips and dirt. Jones, 70-75.

A false representation that certain cotton is "good middling" is not indictable, since the rule caveat emptor applies. Young, 76-258.

CERTIORARI AND RECORDARI.

Sec. 131 (584). Certiorari, recordari and supersedeas.

Writs of certiorari, recordari, and supersedeas are hereby authorized as heretofore in use. The writs of certiorari and recordari, when used as substitutes for an appeal, may issue when ordered upon the applicant filing a written undertaking for the costs only; but the supersedeas, to suspend execution, shall not issue until an undertaking is filed, or a deposit made to secure the judgment sought to be vacated, as in cases of appeal where the execution is stayed.

Code, s. 545; 1874-5, c. 109.

PRAYER FOR INSTRUCTION OMITTED BY JUDGE IN CASE SETTLED.-An application for a certiorari which avers that a special prayer for instruction was asked in writing and in proper time, and was refused and exception noted, will be denied when it is not alleged that such exception was set out in the appellant's case on appeal, since if appellant did not set it out as an exception in his case on appeal, he can not complain that the judge did not incorporate it in the "case settled" by him. Had the exception been set out in the appellant's statement of the case, and the judge had omitted such prayer and the exception for its refusal from the "case settled," a certiorari would lie to have them incorporated. Black, 109-856; 13 S. E. 877.