quent offenses. viction, shall be fined not less than two hundred dollars nor more than one thousand dollars for the first offense: Provided, that Proviso: subseupon conviction of a second or any subsequent offense the defendant may be imprisoned for not exceeding six months, in the discretion of the court. SEC. 9. That it shall be the duty of the Commissioner of Agri- Publication of rules and regulaculture to publish at least annually in the bulletin of the Depart- tions. ment the rules and regulations established by the Board of Agriculture for the purpose of carrying into effect the provisions of this act. SEC. 10. That if any person, manufacturer, or dealer shall sell Sale without label and tag or offer for sale in this State any such gasoline before first having misdemeanor. the same labeled and tagged, as required by this act and by the regulations to be adopted by the Board of Agriculture, he shall Proceeds to be guilty of a misdemeanor, and, upon conviction, shall be fined Punishment. not exceeding three hundred dollars ($300) or imprisoned not exceeding six months, and the gasoline so offered for sale shall Gasoline forfeited. be forfeited and sold, and the proceeds of such sale shall go to the common school fund of the State. If any manufacturer or Punishment for dealer in said gasoline shall, with intent to defraud, alter or erase the label or tag to indicate a different standard or quantity than is indicated by the label or stamp attached to the vessel, he shall, upon conviction, be fined not exceeding two hundred dollars ($200) for every such offense, or be imprisoned not exceeding three months. alteration of label or tag. SEC. 11. That any inspector who, while in office, shall be in- Inspector guilty of misdemeanor. terested directly or indirectly in the manufacture or vending of any gasoline shall be guilty of a misdemeanor and, upon convic- Punishment. tion, shall be fined not less than three hundred dollars ($300). SEC. 12. That all prosecutions for fines and penalties under the Indictments. provisions of this act shall be by indictment in the Superior Court. SEC. 13. That all materials, fluids, or substances offered or ex- Substitutes submitted for examiposed for sale, purporting to be substitutes for or motor fuel nation. improvers, or other motor fuels to be used for power or heating purposes, shall, before being sold, exposed, or offered for sale, be submitted to the Commissioner of Agriculture for examination and inspection, and shall only be sold or offered for sale when Label. properly labeled with a label, the form and contents of which label has been approved by the said Commissioner of Agriculture in writing. SEC. 14. That every person delivering at wholesale or retail any Delivery gasoline in this State shall deliver the same to the purchaser only in tanks, barrels, casks, cans or other containers having the word "gasoline," or the name of such other like products of petroleum, as the case may be, in English, plainly stenciled or labeled in vermilion red, to meet the requirements of the regu Storage. Proviso: delivery from tank. Proviso: label when sold for cleaning. Misdemeanor. Enforcement. Rules and regulations of department. When act effective. lations adopted by the Board of Agriculture under this act. Such dealer shall not deliver kerosene oil in any barrel, cask, can, or other container which has not been stenciled or labeled as hereinbefore provided. Every person purchasing gasoline for use or sale shall procure and keep the same only in tanks, barrels, casks, cans, or other container stenciled or labeled as hereinbefore provided: Provided, that nothing in this section shall prohibit the delivery of gasoline by hose or pipe from a tank directly into the tank of any automobile or any other motor: Provided further, that in case gasoline is sold in bottles, cans, or packages of not more than one gallon for cleaning and other similar purposes, the label shall also bear the words "Unsafe when exposed to heat or fire." That any person violating any of the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than twenty-five dollars ($25). It shall be the duty of the Board of Agriculture to enforce the provisions of this act. SEC. 15. That any violation of any of the rules and regulations established by the Board of Agriculture for the enforcement of this act shall be deemed a violation of this act. SEC. 16. That this act shall be in force from and after the first day of July, one thousand nine hundred and seventeen. Ratified this the 6th day of March, A. D. 1917. Salary. Repealing clause. CHAPTER 167 AN ACT TO AMEND CHAPTER 830 OF THE PUBLIC LAWS OF The General Assembly of North Carolina do enact: SECTION 1. That section six of chapter eight hundred and thirty be and the same is hereby amended by striking out in line six thereof the word "nine" and inserting in lieu thereof the word "twelve." SEC. 2. That all laws and clauses of law in conflict with this act are hereby repealed. SEC. 3. That this act shall be in full force and effect from and after its ratification. Ratified this 5th day of March, A. D. 1917. CHAPTER 168 AN ACT TO PROVIDE FOR THE CONSOLIDATION OF The General Assembly of North Carolina do enact: ments. SECTION 1. When there are several charges against any person Joinder of indictfor the same act or transactions, or for two or more acts or transactions connected together, or for two or more transactions of the same class of crimes or offenses, which may be properly joined, instead of several indictments, the whole may be joined in one indictment in separate counts; and if two or more indictments Consolidation. are found in such cases, the court will order them to be consolidated: Provided, that in such consolidating cases the defendant Proviso: solicishall be taxed the solicitor's full fee for the first count, and half fees for each subsequent count upon which conviction is had: Provided, this act shall not be construed to reduce the punish- Proviso: punishment not reduced. ment or penalty for such offense or offenses. SEC. 2. That this act shall be in force from and after its ratifi cation. Ratified this the 6th day of March, A. D. 1917. tor's fees. CHAPTER 169 AN ACT TO AMEND CHAPTER 196 OF THE PUBLIC LAWS The General Assembly of North Carolina do enact: terms. SECTION 1. That chapter one hundred and ninety-six of the Public Laws of one thousand nine hundred and thirteen be amended by striking out the following: Beginning at the word "Forsyth" in line twelve from the bottom of page three hundred and twenty-six of said act and ending with the word "weeks" in line one from the bottom of said page, and insert the following: "Forsyth County-The ninth Monday before the first Monday in Schedule of March, and continue for three weeks, the first week for the trial of civil causes exclusively and the following two weeks for the trial of civil and criminal causes; and sixth Monday before the first Monday in September, to continue for two weeks for the trial of criminal causes exclusively; the third Monday after the first Monday in March, to continue for one week for the trial of criminal causes exclusively; and the fourteenth Monday after the first Monday in September, to continue for one week for the trial of criminal causes exclusively; the third Monday before the first Monday in March, to continue for two weeks for the trial of civil causes exclusively; the first Monday after the first Monday in March, to continue for two weeks for the trial of civil causes exclusively; the eleventh Monday after the first Monday in March, to continue for three weeks for the trial of civil causes exclusively; the first Monday after the first Monday in September, to continue for three weeks for the trial of civil causes exclusively; the ninth Monday after the first Monday in September, to continue for two weeks for the trial of civil causes exclusively; the fourth Monday after the first Monday in September, to continue for two weeks for the trial of civil and criminal causes." SEC. 2. This act shall be in force from and after its ratification. Ratified this the 6th day of March, A. D. 1917. Election. Entitlements. Proviso: payment Vacancies. Quarterly meetings. Powers and duties. CHAPTER 170 AN ACT TO REPEAL CHAPTER 85 OF THE REVISAL OF 1905 The General Assembly of North Carolina do enact: SECTION 1. That chapter eighty-five of the Revisal of one thousand nine hundred and five be and the same is hereby repealed and the following enacted in lieu thereof, the numbers of the paragraphs herein to correspond with the numbers of corresponding paragraphs in said Revisal of one thousand nine hundred and five, to wit: ' "SEC. 3913. There shall be elected by the General Assembly, upon the recommendation of the Governor, seven persons who shall be styltd "The State Board of Charities and Public Welfare,' and at least one of such persons shall be a woman, which persons shall serve without pay: Provided, however, that they shall receive their necessary expenses. At this session of the General Assembly all seven of said members shall be elected, three for a term of two years, two for a term of four years, and two for a term of six years, and thereafter the term shall be six years for all. That such election shall be by concurrent vote of the General Assembly and that appointments to fill vacancies in the board arising from any cause whatsoever, except expiration of term. shall be made for the residue of such term by the Governor. "SEC. 3914. The board shall hold meetings at least quarterly and whenever called in session by the chairman, and shall make such rules and orders for the regulation of its own proceedings as it deems proper. It shall have the following powers and duties, to wit: "(a) To investigate and supervise through and by its own mem- Investigation of system of charibers or its agents or employees the whole system of the charitable table and penal institutions. and penal institutions of the State and to recommend such changes and additional provisions as it may deem needful for Recommendations. their economical and efficient administration. "(b) To study the subjects of nonemployment, poverty, va- Study of social problems. grancy, housing conditions, crime, public amusement, care and treatment of prisoners, divorce and wife desertion, the social evil and kindred subjects and their causes, treatment and prevention, and the prevention of any hurtful social condition. "(c) To study and promote the welfare of the dependent and Welfare of children. delinquent child and to provide either directly or through a bureau of the board for the placing and supervision of dependent, delinquent, and defective children. vate institutions. "(d) To inspect and make report on private orphanages, insti- Inspection of private institututions, and persons receiving or placing children, and all such tions. persons, institutions, and orphanages shall, before soliciting funds Itemized statefrom the public, submit to the State Board of Charities and Public ments from priWelfare an itemized statement of the moneys received and expended and of the work done during the preceding year, and shall License by board. not solicit other funds until licensed by the State board, said statement of moneys received and expended and work done to be made each year as ordered by the State board, and said board shall have the right to make all such information public. "(e) To issue bulletins and in other ways to inform the public Bulletins. as to social conditions and the proper treatment and remedies for social evils. "(f) To issue subpoenas and compel attendance of witnesses, Powers in procuring evidence. administer oaths, and to send for persons and paper whenever it deems it necessary in making the investigations provided for herein or in the other discharge of its duties, and to give such Publicity of investigations. publicity to its investigations and findings as it may deem best for the public welfare. "(g) To employ a trained investigator of social service prob- Commissioner of public welfare. lems who shall be known as the Commissioner of Public Welfare, and to employ such other inspectors, officers and agents as it may Employees. deem needful in the discharge of its duties. "(h) To recommend to the Legislature social legislation and Recommendations. the creation of necessary institutions. "(i) To encourage employment by counties of a county super- County superinintendent of public welfare and to coöperate with the county welfare. tendents of public superintendent of public welfare in every way possible. "(j) To attend, either through its members or agents, social Attendance on service conventions and similar conventions, and to assist in pro- conventions. moting all helpful publicity tending to improve social conditions Promotion of of the State, and to pay out of the funds appropriated to the State publicity. Pub.-21 |