said, as required by section five thousand two hundred and seventy, they shall be subject to a fine of fifty dollars, and it shall be the duty of the auditor to add five per centum to the tax of said limited partnership, joint stock association or corporation for each and every year for which said report and appraisement were not furnished, which percentage shall be settled and collected with the said tax in the usual manner of settling and collecting such taxes. If the officers of any such limited partnership, joint stock association or corporation, or any of them, shall intentionally fail to comply with section five thousand two hundred and seventy for three successive years, he or they shall be deemed guilty of a misdemeanor, and on conviction thereof shall be sentenced to pay a fine of five hundred dollars and undergo imprisonment not exceeding one year, or both, or either, at the discretion of the court. 1905, c. 590, s. 38.

Sec. 749 (5192). Seals affixed by officers.

Whenever the seal of state, of the treasury department or other public officer required by law to keep a seal (not including clerks of the courts, other county officers and notaries public) shall be affixed to any paper the tax shall be as follows, to be paid by the party applying for the same: For the great seal of the state on any commission, one dollar, except magistrates' commissions, which shall be without fee; on warrants of extradition for fugitives from justice from other states, a reciprocal seal tax and fee shall be charged, i. e., the same fee and seal tax must be collected from the state making requisition which is charged this state for like service; all fees and seal taxes of whatever kind collected by the private secretary of the governor shall be paid into the treasury quarterly; for the seal of the state department, fifty cents, to be collected by the secretary of state and paid by him into the treasury; for the seal of the state treasurer, to be collected by him and accounted for as other public money, fifty cents. Said officers shall keep an account of the number of times their seals may be used, and shall deliver to the proper officer a sworn statement thereof. Whenever a scroll is used in the absence of a seal by any of the said officers the said tax shall be on the scroll. Seals affixed for the use of any county or the state or used on the commissions of officers of the militia, justices of the peace or any other public officer not having a salary, or under the pension law, or upon any process of court, shall be exempt from taxation. The officers collecting the said taxes and fees may retain as compensation five per centum, except in case of sheriffs, whose compensation shall

be allowed by the auditor. Any person receiving taxes under this section and willfully refusing or neglecting to pay the same as required shall be guilty of a misdemeanor, and upon conviction shall be fined not more than five hundred dollars or imprisoned at the discretion of the court.

1905, c. 588, s. 85.

OLEOMARGARINE.

Sec. 750 (3828). Oleomargarine sold without label.

If any person shall sell, keep for sale, or offer for sale any oleomargarine or butterine, without having securely affixed on each package, tub or firkin thereof, a label on which shall be printed in large roman type the chemical ingredients and the proportions thereof, he shall be guilty of a misdemeanor, and upon conviction shall be fined not less than fifty dollars, or be imprisoned not exceeding thirty days; and for each subsequent offense be fined not less than two hundred dollars or imprisoned not less than six months, or both, in the discretion of the court. For the purposes of this section any article manufactured or compounded in imitation or semblance of butter, or which shall be composed of any ingredient in combination with butter, shall be deemed to be oleomargarine and butterine.

1895, c. 106.

ONE MONTH-THIRTY DAYS.

The term "thirty days" as used in Art. IV of the constitution is not synonymous with "one month." Upchurch, 72–146.

OPPOSED TO CAPITAL PUNISHMENT.

Where a juror states that he is opposed to capital punishment and has religious scruples against acting as a juror in the case he should be excused. Vick, 132-995.

Sec. 751.

OSTEOPATHY.

Any person who shall practice, or pretend or attempt to practice, or use the science system of osteopathy in treating diseases of the human body by fraud or misrepresentation; or any person who shall buy, sell or fraudulently obtain any diploma, license,

record, or registration to practice osteopathy, illegally obtained, or signed or issued unlawfully, or under fraudulent representation; or who shall use any of the forms, or letters, "Osteopathy," "Osteopath," or "Osteopathist," "Diplomate in Osteopathy," "D. O.," "D. Sc.O.," "Osteopathic Physician," "Doctor of Osteopathy," or any other title or letters, either alone or with other qualifying words or phrases, under such circumstances as to induce the belief that the person who uses such term or terms is engaged in the practice of osteopathy, without having complied with the provisions of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than twentyfive dollars nor more than one hundred dollars for each offense, or (imprisoned) not less than three months nor more than six months in the county jail.

For the purpose of this act, osteopathy is defined to be the science of healing without the use of drugs, as taught by the various colleges of osteopathy recognized by the American Osteopathic Association.

[See chapter 764 laws of 1907, for act establishing State Board of Examination, and regulating the practice of osteopathy.]

OYSTERS.

Sec. 752 (2383). Close season, exception.

If any person shall buy or sell oysters in the shell which have been taken from the public grounds or natural oyster beds of this state between the first day of April and the first day of October in any year, he shall be guilty of a misdemeanor and be fined not more than fifty dollars or imprisoned not more than thirty days: Provided, that oysters may be taken with hand-tongs only during the month of April in any year, to be used for planting on private grounds, entered and held under the laws of this state: Provided further, that oysters may be taken with hand-tongs only for home consumption: Provided further, that coon oysters may be taken from October first to May first of each year in the waters of Onslow and Carteret counties: Provided also, that it shall be lawful to take or catch oysters on public oyster grounds north of the line running from Point Peter to Duck Island, except between a line running from the east end of Hog Island to the beach and from Ballast Point to the beach in Dare county, to be sold to residents or non-residents, from April first to May fifteenth of each year,

upon the payment by the purchaser of a tax of one and one-half cents per tub.

1903, c. 516, s. 22; 1905, c. 525, ss. 5, 8.

Sec. 753 (2384). At night or on Sunday.

If any person shall catch or take any oysters from any of the public grounds or natural oyster beds of the state at night or on Sunday, he shall be guilty of a misdemeanor and be fined not exceeding fifty dollars or imprisoned not exceeding thirty days. 1903, c. 516, s. 16.

Sec. 754 (2385). Illegal dredging.

If any person shall use any scoops, scrapes or dredges for catching oysters except at the times and in the places in this chapter expressly authorized, or shall between the fifth day of April and the fifteenth day of November of any year carry on any boat or vessel any scoops, scrapes, dredges or winders, such as are usually or can be used for taking oysters, he shall be guilty of a misde

meanor.

1903, c. 516, ss. 13, 14, 15.

Sec. 755 (2386). Catching oysters without license.

If any person shall catch oysters from the public grounds of the state without having first obtained a license according to law, or shall employ any person as agent or assistant, or shall as the agent or assistant of any person catch oysters from the public grounds, without all of said persons having first obtained a license according to law, he shall be guilty of a misdemeanor, and be fined not exceeding fifty dollars or imprisoned not exceeding thirty days.

1903, c. 516, s. 6.

Sec. 756 (2387). Using boats not licensed.

If any person shall use any boat or vessel in catching oysters, which boat has not been licensed according to law, and which is not in all respects complying with the law regulating the use of such vessels, he shall be guilty of a misdemeanor and shall be fined not more than fifty dollars nor less than ten dollars or imprisoned not more than thirty nor less than ten days for the first offense, but for the second or subsequent offense he shall be guilty of a misdemeanor and punished at the discretion of the court.

1903, c. 516, s. 8.

Sec. 757 (2388). Displaying false number on boat.

If any person shall display any other number on their sail than the one specified in their license, or display a number when the boat or vessel has not been licensed he shall be guilty of a misdemeanor and shall be fined not less than twenty-five dollars.

1903, c. 516, s. 27.

Sec. 758 (2389). Failure to stop and show oyster license.

If any person using a boat or vessel for the purpose of catching oysters shall refuse to stop and exhibit his license when commanded to do so by the oyster commissioner, assistant commissioner or any inspector, he shall be guilty of a misdemeanor and be fined not less than twenty-five dollars nor more than fifty dollars.

1903, c. 516, s. 26.

Sec. 759 (2390). False statement in application for oysterman's license.

If any person shall make any false statement for the purpose of procuring any license, which may be required by law, to catch oysters, or to engage in the oyster industry, he shall be guilty of perjury and punished as provided by law.

1903, c. 516, s. 17.

Sec. 760 (2391). Dredging in prohibited waters.

If any person, after the governor has by proclamation suspended the right to use scoops, scrapes or dredges on the public grounds or natural oyster beds of the state, shall during the time of such suspension, and in the waters as to which the right has been suspended, use such instruments or implements to catch oysters from any of the public grounds or natural oyster beds of the state, he shall be guilty of a misdemeanor and be fined not less than five hundred dollars or imprisoned not less than twelve months, and the boat or vessel used for this purpose shall be forfeited and shall be seized, advertised and sold by the oyster commissioner or by the inspectors in the county wherein said illegal act was committed and the proceeds paid into the oyster fund. In any prosecution for the violation of the provisions of this section against the master or owner of a boat or vessel, proof that said boat or vessel was equipped with scoop, scrape or dredge or other implement or instrument for catching or taking oysters other than ordinary oyster tongs shall be prima facie evidence of the defendant's guilt.

1903, c. 516, s. 19.