Where the election has been held, the returns canvassed and the result proclaimed substantially in compliance with the law, the fact that no petition for the election is shown by the state does not entitle defendant to an acquittal, as the result decided and proclaimed is conclusive in collateral proceedings. Emery, 98-768.

IRREGULARITIES IN HOLDING ELECTION.-The result of an election can only be impeached by an action brought for that specific purpose. Defendant on indictment for violation of the local option act can not take advantage of any irregularities in holding the election. Cooper, 101-684.

JURISDICTION.-The superior court has jurisdiction of offenses against the local option act. Cooper, 101-684.

EFFECT OF CHANGE OF NAME OF TOWNSHIP.-A change of the name of a township after an election in favor of local option does not have the effect of repealing that law in such township. Cooper, 101-684.

SPIRITUOUS LIQUORS-DEFINITION OF TERM.-The term "spirituous liquors" embraces wines and lager beer and all other intoxicating liquors, whether produced by fermentation or distillation. Giersch, 98-720.

PUNISHMENT.-A sentence of two years' imprisonment is not excessive where the evidence shows a deliberate purpose to persist in selling. Dowdy, 145-.

*

COPY OF PUBLIC RECORD.-Under Rev., sec. 2060, providing that the possession of United States license shall constitute prima facie evidence of guilt, a writing under the hand and seal of a collector of internal revenue: "Current list of special taxpayers in C county L. & D. retail malt liquor dealers. Date of payment and issue of certificate Sept. 30, 1906. Serial Number Stamp 222. 104 Queen street; the firm consisting of N. G. Lee and D. W. Dowdy," is competent and a sufficient certification that a license was issued. Dowdy, 145—.

*

INDICTMENT.—An indictment is fatally defective that does not allege a sale to some person by name, or to some person to the jurors unknown, and Rev., sec. 2060, providing that the possession of United States license shall constitute prima facie evidence of guilt does not remedy the defect. Tisdale, 145—.

An indictment is not defective because it alleges a sale to a person to the jurors unknown. Dowdy, 145—.

DISPENSARIES.

Sec. 678 (2074). When established.

If a majority of the votes cast at any such election shall be "Against Dispensaries," then it shall be unlawful to establish any dispensary in such city or town until another election shall be held reversing such election. But if a majority of the votes cast at any such election be "For Dispensaries," then the board of commissioners of such city or town shall establish a dispensary therein. And in cases where dispensaries or barrooms or saloons have been in existence, and upon an election held as herein provided, the majority of the votes cast shall be "For Prohibition," then such dispensary, barroom or saloon shall be discontinued, and no dispensary, barroom or saloon shall be established until another election shall be held reversing such election.

1903, c. 233, s. 12; 1907, c. 709.

Sec. 679 (2075). Commissioners appointed.

Whenever it shall become lawful under the provisions of this chapter to establish a dispensary in any city or town, the governing body of such city or town shall appoint three commissioners from the voters of such city or town, who, in the election, voted for dispensaries, whose duty it shall be to conduct such dispensaries under such rules and regulations, and with such officers and employees, as may be prescribed and allowed by the governing body of such city or town, who shall fix the compensation of said commissioners and their officers and employees. "That no person shall be eligible to election or appointment as a dispensary commissioner, whether the dispensary has been or may be established under a general or special act, unless in the election he voted for dispensary, if election on said ground was held.”

1903, c. 233, s. 13; 1907, c. 932.

Sec. 680 (2076). Terms of office fixed; removal; bonds.

The governing body of any city or town in which a dispensary shall be established under the provisions of this chapter, shall have power to fix the terms of office of the dispensary commissioners, and determine the amount of bonds required from the commissioners and officers, and shall have the power to remove any or all commissioners and any officers or employees appointed by such commissioners, for good cause shown.

1903, c. 233, s. 18.

Sec. 681 (2077). Sales in, how made.

No liquor of any kind shall be sold in any dispensary on Sunday or election days, and no dispensary shall ever be open or liquor sold therein before sunrise or after sunset on any day. The prices at which liquor shall be sold shall be fixed by the dispensary commissioners. All sales shall be for cash and at a profit not to exceed eighty per centum of the cost thereof. No liquor shall be sold in any dispensary except in unbroken packages or bottles, which shall contain not less than one-half pint and not more than one quart. The manager of a dispensary shall prohibit loafing, loitering or drinking on the premises. It shall be the duty of the manager, when ordered by the board of dispensary commissioners, to keep a register, on which shall be kept a record of the names of persons to whom any liquors are sold, the quantity sold, price paid, and date of sale. Such register shall be open only to the inspection of the dispensary commissioners and its employees, and the contents thereof shall not be published. No

intoxicating liquors shall be sold to any minors, and the dispensary commissioners shall make such rules and regulations not inconsistent with this chapter as may be proper for the management of the dispensary.

1903, c. 233, s. 14; 1905, c. 458.

Sec. 682. Officers not to receive gifts.

If any commissioner, manager, clerk or employee of any dispensary, whether established under the provisions of the general law or by special act, shall accept, or receive, or consent to receive, directly or indirectly, from any person, firm or corporation, or from any agent, salesman or employee of such person, firm or corporation selling wines, liquors, beers, bottles and other articles and supplies for sale and use in such dispensary, any gift, reward, bonus, discount, gratuity or other thing of value, he shall be guilty of a felony, and punished by imprisonment in the state's prison for a term not exceeding five years, or fined not exceeding five thousand dollars, or both, in the discretion of the court. 1907, c. 91.

Sec. 683 (2077a). Unlawful to sell except in dispensary.

In any town in which a dispensary is established under the provisions of this chapter, it shall be unlawful for any person to sell or otherwise dispose of for gain any intoxicating liquors other than in the manner provided for sales in the dispensary as aforesaid.

1903, c. 233, s. 15.

Sec. 684 (2078). Proceeds disposed of.

The dispensary commissioners shall make quarterly settlements with the governing body of the city or town in which any dispensary may be situated, and such governing body shall, within ten days after such settlement, pay one-half of the net profits of such dispensary into the treasury of such city or town, and the other half into the treasury of the county in which such city or town is located, for the benefit of the public schools of said county. 1903, c. 233, s. 16.

SPECIAL ACTS.

Sec. 685 (2079). Not repealed.

Nothing in this chapter shall be construed to repeal, alter or amend any special act prohibiting or regulating the sale of liquors in any locality, township, county or incorporated city or town,

or the manufacture of liquors in any incorporated city or town having not less than one thousand population.

1903, c. 233, s. 19; 1905, c. 339, s. 3.

LOTTERIES.

Sec. 686 (3725). Lotteries; advertising.

If any one by writing or printing or by circular or letter, or in any other way advertise or publish an account of a lottery, whether within or without this state, stating how, when or where the same. is to be or has been drawn or what are the prizes therein or any of them, or the price of a ticket or any share or interest therein, or where or how it may be obtained, he shall be guilty of a misdemeanor.

1887, c. 211.

Sec. 687 (3726). Lotteries.

If any person shall open, set on foot, carry on, promote, make or draw, publicly or privately, a lottery, by whatever name, style or title the same may be denominated or known; or if any person, by such ways and means, expose or set to sale any house or houses, real estate, or any goods or chattels, cash, or written evidence of debt, or certificates of claims, or anything of value whatsoever, every person so offending shall be guilty of a misdemeanor, and be fined not exceeding two thousand dollars, or imprisoned not exceeding six months, or both, in the discretion of the court. Any person who engages in disposing of any species of property whatsoever, money or evidences of debt, or in any manner distributes gifts or prizes upon tickets or certificates sold for that purpose, shall be held liable to prosecution under this section.

Code, s. 1047; R. C., c. 34, s. 69; 1834, c. 19, s. 1; 1874-5, c. 96.

An act conferring upon a private corporation the power to sell and dispose of real or personal property "in any mode or manner the agency shall deem best" does not authorize selling by means of a lottery. Krebs, 64-604.

Defendant sold to customers small boxes of candy of trifling value for the chance of designating with a stick one of certain pictures, behind some of which were small sums of money, and behind others were cards with the letter "C." If the purchaser happened to designate a picture with money behind it, he got the money, if one with the letter "C," he got another box of candy, but the purchaser did not know which of the pictures had money behind them or which had the card: Held, that defendant was guilty of maintaining a lottery. Lumsden, 89-572.

PURCHASERS OF TICKETS NOT INDICTABLE.—Persons who purchase lottery tickets are not indictable under this section. Bryant, 75-207.

CHARTER OF CORPORATION.-A right conferred in the charter of a corporation to dispose of property by means of lottery tickets is not a contract between the corporation and the state, but a mere privilege or license, and may be revoked at the will of the legislature. Morris, 77-512.

Sec. 688 (3727). Lottery tickets, sale of.

If any person shall sell, barter or dispose of any lottery ticket or order, for any number or shares in any lottery, or shall in anywise be concerned in such lottery, by acting as agent in the state. for or on behalf of any such lottery, to be drawn or paid either out of or within the state, such person shall be guilty of a misdemeanor, and punished as in the preceding section.

Code, s. 1048; R. C., c. 34, s. 70; 1834, c. 19, s. 2.

Sec. 689 (3698). Lynching.

LYNCHING.

If any person shall conspire to break or enter any jail or other place of confinement of prisoners charged with crime or under sentence, for the purpose of killing or otherwise injuring any prisoner confined therein; or if any person shall engage in breaking or entering any such jail or other place of confinement of such prisoners with intent to kill or injure any prisoners, he shall be guilty of a felony, and upon conviction, or upon a plea of guilty, shall be fined not less than five hundred dollars, and imprisoned in the state's prison or the county jail, not less than two nor more than fifteen years.

1893, c. 461, s. 1.

The force and effect of ch. 461, Laws 1893, in regard to lynching is not impaired by the fact that it has been split up and different sections placed under appropriate heads in the Revisal, and no provisions as incorporated in the Revisal fully define the offense intended to be repressed, and designate the punishment and procedure. Lewis, 142-626.

In an indictment for lynching it was error to quash the bill on the ground that it appeared on the face of the bill that the offense charged was not committed in the county in which the bill was found, but in an adjoining county. Lewis, 142-626.

Rev., sec. 3233, providing "The Superior Court of any county which adjoins the county in which the crime of lynching shall be committed shall have full and complete jurisdiction over the crime and the offender to the same extent as if the crime had been committed in the bounds of such adjoining county" is a constitutional exercise of legislative power. Lewis, 142-626.

The Legislature of North Carolina has full legislative power which the people of this State can exercise as completely and fully as the parliament of England or any other legislative body of a free people, save only as there are restrictions imposed upon the legislature by the state and Federal Constitutions. Lewis, 142-620.