record or proceedings, and without setting forth the commission or authority of the court or person before whom the perjury was committed or was agreed or promised to be committed.

Code, s. 1186; R. C., c. 35, s. 17; 1842, c. 49, s. 2.

Sec. 889 (3612). Court-martial.

If any person shall willfully and corruptly swear falsely before any court-martial, touching and concerning any matter or thing cognizable before such court-martial, he shall be liable to the pains and penalties of perjury.

Code, s. 3235; R. C., c. 70, s. 73; 1812, c. 828, s. 3.

Where perjury is charged to have been committed in an oath taken before a company court-martial, it is not necessary to produce the commission of the captain, parol proof of his acting as such is sufficient. Gregory, 6 (2 Murph.), 69.

Sec. 890 (3611). Before legislative committee.

If any person shall willfully and corruptly swear falsely to any fact material to the investigation of any matter before any committee of either house of the general assembly, he shall be subject to all the pains and penalties of willful and corrupt perjury, and, on conviction in the superior court of Wake county, shall be confined in the state's prison for the time prescribed by law for perjury.

Code, s. 2857; 1869-70, c. 5, s. 4.

Sec. 891 (3613). False oath to wrong a laborer.

If any contractor, stevedore or boss stevedore shall make any false oath or false representation with intent to wrong, cheat or defraud any laborer as contemplated in the provisions and purview of the chapter entitled Liens, he shall be guilty of a misdemeanor, and on conviction thereof shall be punished as is now prescribed by law for perjury.

1887, c. 145, s. 5.

Sec. 892 (3614). Insolvent debtor.

If any insolvent or imprisoned debtor take any oath prescribed in the chapter entitled Insolvent Debtors, falsely and corruptly, and upon indictment of perjury be convicted thereof, he shall suffer all the pains of perjury, and he shall never after have any of the benefits of that chapter, but may be sued and imprisoned as though he had never been discharged.

Code, s. 2964; R. C., c. 59, s. 25; 1793, c. 100, s. 10; 1868-9, c. 162, s. 23.

Sec. 893 (3615). Offense of.

If any person shall willfully and corruptly commit perjury, on his oath or affirmation, in any suit, controversy, matter or cause, depending in any of the courts of the state, or in any deposition or affidavit taken pursuant to law, or in any oath or affirmation duly administered of or concerning any matter or thing whereof such person is lawfully required to be sworn or affirmed, every person so offending shall be guilty of a misdemeanor and fined not exceeding one thousand dollars, and imprisoned in the county jail or state's prison not less than four months nor more than ten years. Code, s. 1092; R. C., c. 34, s. 49; 1791, c. 338, s. 1.

Sec. 894 (3616). Subornation of.

If any person shall, by any means, procure another person to commit such willful and corrupt perjury as is mentioned in the preceding section, the person so offending shall be punished in like manner as the person committing the perjury.

Code, s. 1093; R. C., c. 34, s. 50; 1791, c. 338, s. 2.

Sec. 895 (3617). Trust for benefit of creditors; false oath.

If any creditor of the maker of a deed of trust for the benefit of creditors shall knowingly swear falsely in the statement of the amount claimed by him required by law to be filed with the trustee, he shall be guilty of a misdemeanor.

1893, c. 453, ss. 6, 7.

PETITION TO REHEAR.

Petitions to rehear are not allowable in criminal actions. Council, 129– 511; 39 S. E. 814.

PETITION TO REVIEW.

The supreme court can entertain a proper petition in a criminal action to review the record and reconsider the opinion filed in the case before certification to the lower court on account of an alleged palpable oversight. Ice Co., 166-403; 81 S. E. 403.

PHARMACISTS.

See also DRUGGISTS AND PHARMACISTS.

Sec. 896 (3649). Pharmacist compounding prescriptions without license.

If any person, not being licensed as a pharmacist, shall compound, dispense or sell at retail any drug, medicine, poison or pharmaceutical preparation, either upon a physicians' prescription or otherwise, and any person being the owner or manager of a drug store, pharmacy or other place of business, who shall cause or permit any one not licensed as a pharmacist to dispense, sell at retail or compound any drug, medicine, poison or physician's prescription contrary to the provisions of chapter ninety-five, subchapter Pharmacists, he shall be deemed guilty of a misdemeanor, and fined not less than twenty-five nor more than one hundred dollars.

1905, c. 108, s. 24.

Sec. 897 (3650). Pharmacist doing business without license.

If any person, not being licensed as a pharmacist, shall conduct or manage any drug store, pharmacy or other place of business for the compounding, dispensing or sale at retail of any drugs, medicines or poisons, or for the compounding of physicians' prescriptions contrary to the provisions of chapter ninety-five, subchapter Pharmacists, he shall be deemed guilty of a misdemeanor, and be fined not less than twenty-five nor more than one hundred dollars, and each week such drug store or pharmacy or other place of business is so unlawfully conducted shall be held to constitute a separate and distinct offense.

1905, c. 108, s. 23.

Sec. 898 (3651). Pharmacist not displaying license.

If any person, being the holder of a license or permit granted under the provisions of chapter ninety-five, sub-chapter Pharmacists, shall fail to expose such license or permit, or renewal thereof, in a conspicuous position in the place of business to which such permit or license relates, or in which the holder thereof is employed, contrary to the provisions of such sub-chapter, he shall be

guilty of a misdemeanor, and fined not less than five nor more than twenty-five dollars, and each day that such license, permit, or renewal thereof, shall not be exposed shall be held to constitute at separate and distinct offense.

1905, c. 108, s. 26; 1897, c. 187, s. 6.

PHOSPHATE ROCK.

Sec. 899 (3744). Phosphate rock in rivers.

If any person shall dig, mine or remove any phosphate rock or deposit from any of the navigable waters of this state, except for the purpose of prospecting and discovering as allowed by law, he shall be guilty of a misdemeanor, and shall also forfeit and pay ten dollars per ton for every ton of phosphate rock or deposit so mined, dug or removed, one-half to the use of the state, and the other one-half to go to the informer.

1891, c. 476, s. 8.

PHYSICIANS.

See also DRUGGISTS.

Sec. 900 (3645). Medicine; practicing, without license.

If any person shall practice medicine or surgery in this state for fee or reward, without first having obtained license from the board of examiners of the medical society of North Carolina, he shall not only not be entitled to sue for or recover before any court any medical bill for services rendered in the practice of medicine or surgery, or any of the branches thereof, but shall also be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than twenty-five dollars, nor more than one hundred dollars, or imprisoned at the discretion of the court, for each and every offense: Provided, that this section shall not be construed to apply to women who pursue the vocation of a midwife: And, provided further, that this section shall not apply to any reputable physician or surgeon resident in a neighboring state coming into this state for consultation with a registered physician resident herein. But this proviso shall not apply to physicians resident in a neighboring state regularly practicing in this state: Provided, that this section shall not apply to physicians who have a diploma from a regular

medical college and were practicing medicine and surgery in this state prior to the seventh day of March, one thousand eight hundred and eighty-five.

1885, c. 117, s. 2; 1885, c. 261; 1889, c. 181, ss. 1, 2.

EVIDENCE. It is sufficient to prove that defendant held himself out to the public as a physician or surgeon, and invited or solicited professional employment from any who might desire his services. Van Doran, 109-864; 14 S. E. 32.

STATUTE CONSTITUTIONAL.-This statute is not unconstitutional, as granting to physicians and surgeons of other states privileges that are not granted to citizens of this state, in violation of Const. N. C., art. 1, sec. 7, providing that "no man or set of men are entitled to exclusive or separate emoluments or privileges from the community but in consideration of public services." The proviso as to non-resident physicians is merely an exception to a restrictive or prohibitory statute, inserted through courtesy to sister states upon the assumption that they have made ample provision for the health of their citizens by similar legislation. Van Doran, 109—864; 14 S. E. 32.

This statute does not violate the fourteenth amendment of the constitution of the United States prohibiting any state from denying to any person the equal protection of the laws, since such amendment does not restrict the powers of the state when the statute applies equally to all persons in the same class, and the state is usually the judge of the classification. Call, 121-643; 28 S. E. 517.

The fact that the statute exempts from its requirements physicians already practicing in the state at the date of its passage does not make the statute invalid as creating a monopoly or conferring special privileges, since it is only the exercise of the police power to protect the public from impostors and incompetents. Call, 121-643; 28 S. E. 517.

The legislature has an unquestioned right to require an examination and certificate as to the competency of persons desiring to practice medicine or to exercise other callings affecting the public and requiring skill and proficiency. Call, 121-643; 28 S. E. 517.

INDICTMENT.-An indictment using the disjunctive "or" by charging that defendant "did practice or attempt to practice medicine or surgery," is sufficient. Shepherd, J., dissenting. Van Doran, 109-864; 14 S. E. 32.

It is not necessary that the indictment should state that the defendant ever prescribed for or practiced upon a particular patient. Van Doran, 109— 864; 14 S. E. 32.

If indicted under section 5, chapter 181, laws of 1889, it is not necessary to allege that the defendant practiced for fee or reward, but if the indictment is under section 2, chapter 117, laws 1885, such allegation is necessary. Call, 121-643; 28 S. E. 517.

An indictment which does not charge that defendant did not register and obtain a certificate is defective. Call, 121-643; 28 S. E. 517.

The indictment need not charge that the defendant does not belong to one of certain classes which are withdrawn from the operation of the statute by a proviso. Call, 121-643; 28 S. E. 517.

The indictment need not allege that defendant practiced for fee or reward. Welch, 129-579; 40 S. E. 120.

It is sufficient to charge that the defendant willfully and unlawfully prac ticed or attempted to practice. Welch, 129-579; 40 S. E. 120.