Sec. 655 (3525). Minors, selling to; exemplary damages.

The father, or if he be dead, the mother, guardian or employer of any minor to whom a sale or gift shall be made in violation of the preceding section, shall have a right of action in a civil suit against the person or persons so offending by such sale or gift, and upon proof of such illicit sale or gifts shall recover from such party or parties so offending, such exemplary damages as a jury may assess: Provided, that such assessment shall not be less than twenty-five dollars.

Code, s. 1078; 1873-4, c. 68; 1881, c. 242, s. 2.

Sec. 656 (3526). Officer failing to discharge duty removed from office. If any officer mentioned in sections three thousand five hundred and thirty-three and three thousand five hundred and thirty-four shall fail or refuse to use due diligence in the execution of the provisions of such sections, after being informed of violation thereof, he shall be guilty of laches in office and such failure be cause for removal therefrom.

1905, c. 498, s. 8.

Sec. 657 (3527). Physicians and druggists.

If any physician shall make any prescription, except in the case of sickness, for the purpose of aiding or abetting any person who is not bona fide under his charge, to purchase any intoxicating liquors contrary to law, or if any druggist shall duplicate the prescription of a physician for intoxicating liquors for any person not bona fide under his charge, without the written direction of the physician who gave the same, he shall be guilty of a misdemeanor, and, upon conviction, shall be fined or imprisoned, or both, in the discretion of the court, for each and every offense.

1903, c. 233, s. 5.

Sec. 658 (3528). Political speaking, sale within two miles of.

If any person shall sell or give away, either directly or indirectly, any spirituous liquors, wine or bitters containing alcohol, within two miles of any place at which political public speaking shall be advertised to take place, and does take place, during the day on which said speaking shall take place, he shall be guilty of a misdemeanor, and be fined not less than ten dollars nor more than twenty dollars, or imprisoned not exceeding twenty days.

Code, s. 1079; 1879, c. 212.

Sec. 659 (3533). Unlawful distilleries, permitting, on land.

If any person shall knowingly permit or allow any distillery or other apparatus for the making or distilling of spirituous

liquors to be set up for operation or to be operated on lands in his possession or control in any territory where the manufacture and sale of intoxicating liquors is prohibited by the state law shall be guilty of a misdemeanor and shall be punished in the discretion of the court. It shall be the duty of the sheriff and deputies, and of any police officer to search for and seize any distillery or apparatus used for the manufacture of spirituous liquors in violation of any state law, and to deliver such distillery or apparatus to the proper authorities of the United States government for confiscation. It shall also be the duty of such officers to destroy any materials in use, or to be used, found at any distillery for the manufacture of intoxicating liquors contrary to law; and to seize any spirituous liquors found in the possession of any person not tax-paid and stamped as required by the United States government, and to deliver the said liquors to the proper officers of the United States government for confiscation; and when informed of violation of this section to procure warrants and to arrest the offender, and subpoena all persons who may have information concerning the commission of the offense charged against the party arrested.

1905, c. 498, ss. 2, 5.

NOTE. See, as to liability of officers, s. 3526.

Sec. 660 (3534). Unlawful sale through agents.

If any person shall unlawfully and illegally procure and deliver any spirituous or malt liquors to another, he shall be deemed and held in law to be the agent of the person selling said spirituous and malt liquors, and shall be guilty of a misdemeanor and shall be punished in the discretion of the court. Whenever the solicitor of any judicial district shall have good reason to believe that liquor has been manufactured or sold contrary to law within any county in their said district and shall believe that any person shall have knowledge of the existence and establishment of any illicit distillery, or that any person has sold liquor illegally, then it shall be lawful for said solicitor to apply to the clerk of the superior court of the county wherein said offense is supposed to have been committed to issue subpoenas for the said person so having knowledge of said offenses to appear before the next grand jury drawn for said county, there to testify upon oath what he may know touching the existence, establishment and whereabouts of said distillery or persons who have sold intoxicating liquors contrary to law, and shall give the names and personal description of the keepers thereof, and such evidence, when so obtained, shall be con

sidered and held in law as an information on oath upon which the grand jury shall make presentment, as provided by law, in other cases.

1905, c. 498, ss. 6, 7.

NOTE. For liability of neglecting officers, see s. 3526.

Sec. 661 (3535). Wine, in what quantities; where drunk.

If any person shall sell wine manufactured from fruit or grapes grown by himself, or bought from the growers thereof, in quantities less than one gallon, except to churches wishing to procure wine for communion services, or if any person shall drink or permit such wine to be drunk upon the premises where bought, he shall be guilty of a misdemeanor.

1903, c. 233, s. 6.

Sec. 662 (2080). Place of delivery, place of sale.

The place where delivery of any spirituous, malt, vinous, fermented or other intoxicating liquors is made in the state of North Carolina shall be construed and held to be the place of sale thereof; and any station or other place within said state to which any person shall ship or convey any spirituous, malt, vinous, fermented or other intoxicating liquors for the purpose of delivering or carrying the same to a purchaser shall be construed to be the place of sale: Provided, that this section shall not be construed to prevent the delivery of any spirituous, malt, vinous, fermented or other intoxicating liquors to druggists in sufficient quantities for medical purposes only: Provided further, that this section shall not be construed to prevent the shipment of such intoxicating liquors to duly licensed dealers in the same in any town or city where the sale of such liquors is not prohibited by law. All liquors or mixtures thereof, by whatever name called, that will produce intoxication shall be construed and held to be intoxicating liquors within the meaning of this section: Provided, that this section shall apply to the following counties and townships in North Carolina, and none other, viz.: The counties of Alleghany, Ashe, Burke, Bertie, Bladen, Brunswick, Buncombe, Cabarrus, Caldwell, Carteret, Catawba, Cherokee, Cleveland, Craven, Cumberland, Davidson, Duplin, Durham, Forsyth, Franklin, Gaston, Gates, Graham, Guilford, Harnett, Haywood, Hyde, Iredell, Johnston, Lincoln, Macon, Mecklenburg, Mitchell, Montgomery, Moore, Northampton, Orange, Perquimans, Randolph, Robeson, Rutherford, Scotland, Union, Vance, Wake, Warren, Watauga and

Yancey; and in Goldsboro township, and the town of Mount Olive, Wayne county; Nashville and Manning townships in Nash county; Lake Waccamaw, Pine Bluff, Whiteville and Chadbourn townships, in Columbus county, and Kinston township in Lenoir county, and Alexander.

1905, cc. 361, 432, 440, 821; 1907, cc. 600, 139, 80.

PLACE OF DELIVERY THE PLACE OF SALE.-Acts 1903, c. 349, sec. 2, making the place of delivery the place of sale applies to the whole state, notwithstanding the limitation in the title of the act to certain counties. Patterson, 134— 612.

An indictment under such act is not prohibited by the sixth amendment to the constitution of the United States. Patterson, 134-612.

An agreement to deliver one-half gallon of whiskey, entered into in a city where the sale of liquor is prohibited, and receipt of the agreed price and delivery of the whiskey by the defendant within said city in pursuance of the agreement, constitute a sale of liquor upon the part of the defendant within the prohibited territory. Johnston, 139-640.

A statute making the place of delivery the place of sale of intoxicating liquors is constitutional. The rule that where goods are shipped by a common carrier the delivery becomes complete upon delivery to the carrier is one of construction, and is not protected from legislative power to change it. Patterson, 134-616.

Sec. 663 (2058). Place.

No person shall manufacture or rectify for gain any spirituous, vinous or malt liquors or intoxicating bitters within the state of North Carolina, except in incorporated cities and towns having not less than one thousand populaton, wherein the manufacture of liquor is not or may not hereafter be prohibited by law or regulated by special statute.

1905, c. 339, s. 1.

Sec. 664 (2059). Government and police force; duties.

Every incorporated city or town in which spirituous, vinous or malt liquors or intoxicating bitters are permitted to be sold or manufactured under the provisions of this chapter shall maintain a town or city government as provided in its charter of incorporation and a police force of not less than two policemen ; and it shall be the duty of some member of said police force to visit every place where liquor is sold or manufactured in such city. or town at least once every week and make a careful and thorough inspection and examination thereof, with a view of ascertaining whether the laws regulating the manufacture and sale of liquor are observed and obeyed and whether the said business is conducted in an orderly and lawful manner, and to make a written. report setting forth the result of said visitation to the mayor and

board of aldermen or other governing authorities of such city or town, which report, or several reports, the said mayor shall deliver to the solicitor of the district on or before the assembling of the ensuing term of the superior court of the county in which such town or city is situated; and in case such town or city shall fail to maintain a city government or provide the police force, investigations and report herein prescribed, the board of commissioners of the county in which the same is situated may revoke and cancel the license and permission authorizing the sale and manufacture of liquor in such town or city.

1905, c. 339, s. 4.

Sec. 665 (2060). License from United States as evidence.

The possession of or issuance to any person of a license to manufacture, rectify or sell, at wholesale or retail, spirituous or malt liquors by the United States government or any officer thereof in any county, city or town where the manufacture, sale or rectification of spirituous or malt liquors is forbidden by the laws of this state shall be prima facie evidence that the person having such license, or to whom the same was issued, is guilty of doing the act permitted by the said license in violation of the laws of this state; and on the trial of any person charged with a violation of any such laws, it shall be competent to prove that such a license is in the possession of or has been issued to said person, by the testimony of any witness who has personally examined the records of the government office where the official records of such licenses are kept.

1905, c. 339, s. 5; 1907, c. 931.

Sec. 666 (2061). Wine or cider from fruits.

The manufacture of wine or cider from grapes, berries, or other fruits raised on the lands of the manufacturer, or purchased by him from the growers thereof, or of brandy manufactured from fruits and sold in original packages of not less than five gallons, shall not be restricted to incorporated towns and cities, but the same may be manufactured in any place where such manufacture is not otherwise forbidden by law.

1903, c. 233, s. 1.

Sec. 667 (2062). License, necessary.

No person shall sell or otherwise dispose of for gain any spirituous, vinous or malt liquors, or intoxicating bitters without first. obtaining, as provided by law, a license so to do. Nothing in this section shall prevent any person from selling brandy manu