fine not less than one nor more than twenty-five dollars: Provided, that the instructions in accordance with the provisions of this section given to the teachers of the schools within twenty-four hours after the receipt of each and every notice shall be deemed performance of duty on the part of the school committee. Any teacher of public school and any principal of a private school failing to carry out the requirements of this section shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than one nor more than twenty-five dollars.

1893, c. 214, s. 13; 1903, c. 690.

Note. For other crimes against children, see ss. 3362, 3363, 3364.

Sec. 931. Compulsory attendance.

For

SECTION 1. The county board of education of any county may in their discretion, upon a petition of a majority of the qualified voters of any township or school district in such county, order and hold an election, submitting to the qualified voters of such township or district the question of compulsory attendance. such election the said board shall designate the time for holding the same, shall appoint a registrar and two poll-holders for each voting-place, and shall advertise the same by posting notices at the court-house door and three public places in the district or township thirty days before such election. If the election be for a school district, then the county board of education shall also designate the voting-place; if for a township, the polling-places shall be those of the preceding general election. At such election those favoring compulsory attendance shall vote a ticket on which shall be written or printed the words "For Compulsory Attendance," those who are opposed shall vote a ticket on which shall be written or printed the words "Against Compulsory Attendance;" the result of such election shall be reported to the county board of edu cation by the judges of election, and no other report shall be required. In all other respects, except as provided herein, the election shall be held under the law governing general elections as nearly as may be. The expense of such election shall be paid out of the county school fund. If it appear that a majority of the votes cast at such election are in favor of compulsory attendance, the county board of education shall order compulsory attendance upon the school or schools of the township or district named in the petition as provided for in this act.

SEC. 2. Every parent or person having control of a child over eight and under fourteen years of age shall cause such child to

attend the public school in the district where such parent or person resides for sixteen weeks in each school year, and such year beginning on the first day of July and ending on the thirtieth day of June, unless the parent or person having control of such child shall show that the child has elsewhere received during the year regular instruction for sixteen weeks in the branches of study taught in the public schools. Children over twelve years of age shall not be subject to this requirement while lawfully employed at labor at home or elsewhere.

SEC. 3. Any person violating the provisions of the foregoing section two shall be guilty of a misdemeanor and upon conviction shall be fined not less than five dollars nor more than twenty-five dollars: Provided, that if the parent or person having control of the child shall show that the child is destitute of clothing suitable for attending school and such parent or person is unable to provide suitable clothing, or that the child's mental or physical condition is such as to render its instruction inexpedient and impractical, such parent or person shall not be convicted of a violation thereof.

SEC. 4. Every person who shall regularly employ any child under twelve years of age or shall authorize or permit the regular employment of such child upon premises under his control during the school hours while the school that such child should attend is in session shall be guilty of a misdemeanor, unless the child so employed shall have attended school for sixteen weeks prior to such employment and during the current school year, or unless such child is excusable under section three.

SEC. 5. The person taking the school census of any district shall obtain the information as to the age of each child in the district from the parent or person having control of such child, and the written reports sworn to by the census-taker shall be prima facie evidence in any court of the age of each child therein enumerated. Every parent or other person having control of a child who shall make any false statement concerning the age of such child with the intent to deceive the census-taker or the teacher of any school or the employer of such child, shall be guilty of a misdemenor and fined not more than fifty dollars.

SEC. 6. At the end of the term of the public school, the teacher or principal of such school shall make a report to the county superintendent of schools of such county showing the names of the children between the ages of eight and fourteen who attended such schools and the number of days each child attended. Such

statement shall be sworn to by the teacher or principal and shall be prima facie evidence in any court both as to the facts stated therein and that any child not enumerated therein did not attend such school.

SEC. 7. It shall be the duty of the county superintendent of schools to furnish annually to the constable of each township in his county, or to some other lawful officer of the county, a list of the children who have not attended school as required by law, and upon such information it shall be the duty of said constable or officer upon an affidavit of some reputable person that any person has violated the provisions of this act to cause the offending persons to be prosecuted before some justice of the peace of such township.

SEC. 8. Whenever the county board of education shall order compulsory attendance upon any school or schools in any school district or township after an election as provided in section one hereof, the provisions of this act shall be in full force and effect in the territory described and for the schools named, but this act shall not apply to any school or the penalties herein prescribed or enforced except upon the order of the county board of education as herein provided.

SEC. 9. It shall be the duty of the county board of education of each county to furnish to the clerk of the superior court of such county a list of all schools which have been placed under the operation of this act. The said clerk shall keep a list of +he same in his office and shall furnish to each justice of the peace of the county a certified list of schools in the township of such justice of the peace which are so included. And the said list as kept by the said clerk or a certified statement made by him shall be conclusive evidence in any court that the provisions of this act shall apply to the school or schools therein named: Provided, that this act shall not apply to any territory now having compulsory attendance established by law.

SEC. 10. That this act shall not apply to the following counties: Granville, Person, Johnston, Robeson, Camden, Currituck, Edgecombe, Wilson, Nash, Duplin and Chatham.

1907, c. 894.

INDIANS CLASS LEGISLATION.-Laws 1905, c. 213, which requires certain Indian children to attend school is not unconstitutional as class legislation. Wolf, 145-.

APPLYING ONLY TO DISTRICT.-A statute requiring only the children of a specially created district to attend school is not unconstitutional because not applying to the state at large. Wolf, 145-.

SEAMEN.

Sec. 932 (3555). Seamen; enticing from vessel.

If any person shall induce any seaman, in the employment of any domestic or foreign vessel, in any of the ports of North Carolina, to leave any such vessel before his term of service shall have expired, he shall be guilty of a misdemeanor, and fined not exceeding fifty dollars, or imprisoned not exceeding thirty days.

Code, s. 1108; 1879, c. 219, s. 1; 1881, c. 256, s. 1.

Sec. 933 (3556). Seamen; secreting or harboring.

If any person shall secrete or harbor any seaman who has deserted from any domestic or foreign vessel, knowing that such seaman has deserted, he shall be guilty of a misdemeanor, and be fined not exceeding fifty dollars or imprisoned not exceeding thirty days; and if such seaman be found concealed or secreted by any person on his premises, such concealment and secretion shall be deemed prima facie evidence that such person knew that such seaman was a deserter.

Code, s. 1109; 1879, c. 219, s. 2; 1881, c. 256, s. 2.

Sec. 934 (3557). Seamen; search warrants for.

If any credible witness shall complain, upon oath before any justice of the peace, that any person has concealed on his premises any seaman who has deserted from any such domestic or foreign vessel, it shall be lawful for such justice to grant a search warrant to be executed within the limits of his county to any proper officer, authorizing him to search for such seaman, and to arrest the person on whose premises he may be found, and the person on whose premises such seamen shall be found shall be adjudged to pay the costs of such search warrant, if on examination it shall appear that such seaman was secreted or concealed by such person; otherwise the cost shall be paid by the party making the complaint. Code, s. 1110; 1881, c. 256, s. 3.

Sec. 935 (3558). Seamen; appeal, and procedure thereon.

In all cases arising under the three preceding sections, if any appeal is prayed by either party at the time of the trial, it shall be granted; but no appeal shall be granted by any justice at any time after the final hearing of the case. In case an appeal is prayed at the trial, it shall be the duty of the justice to proceed immediately to reduce the testimony of any witness whose testimony is material to writing (if such witness shall be master, officer, or seaman

on board of any vessel), in the presence of the adverse party, who may cross-question such witness, which testimony shall be subscribed by such witness and returned by the justice with the papers in the case; and on the hearing in the appellate court, the testimony so taken and reduced to writing by said justice shall be read, heard and accepted as the true and lawful testimony of such witness, as if such person were in person present to give evidence. For reducing such testimony to writing the justice shall receive the same fees as are allowed for taking depositions.

Code, s. 1111; 1881, c. 256, ss. 4, 5.

SEARCH WARRANT.

Sec. 936 (3163). How issued; when to run.

If any credible witness shall prove, upon oath, before any justice of the peace, or mayor of any city, or chief magistrate of any incorporated town, that there is a reasonable cause to suspect that any person has in his possession, or on his premises, any property stolen, or any false or counterfeit coin resembling, or apparently intended to resemble, or pass for, any current coin of the United States, or of any other state, province or country, or any instrument, tool or engine whatsoever, adapted or intended for the counterfeiting of any such coin; or any false and counterfeit notes, bills or bonds of the United States, or of the state of North Carolina, or of any other state or country, or of any county, city or incorporated town; or any instrument, tool or engine whatsoever, adapted or intended for the counterfeiting of such note, bill or bond, it shall be lawful for such justice, mayor or chief magistrate of any incorporated town, to grant a warrant, to be executed within the limits of his county or of the county in which such city or incorporated town is situated, to any proper officer, authorizing him to search for such property, and to seize the same, and to arrest the person having in possession, or on whose premises may be found such stolen property, counterfeit coin, counterfeit notes, bills or bonds, or the instruments, tools or engines for making the same, and to bring them before any magistrate of competent jurisdiction, to be dealt with according to law.

Code, s. 1171; 1868-9, c. 178, subc. 3, s. 38.

Sec. 937 (3164). Form of, and procedure thereon.

Such search warrant shall describe the article to be searched for with reasonable certainty, and by whom the complaint is made,