In witness whereof, I have hereunto signed my name and affixed day do hereby certify, that I have this .... . I, of fugitive from the and have issued a warrant the agent of said . . . . . of ..... ..... whose authority to receive said fugitive is annexed hereto. In witness whereof, I have hereunto signed my name and affixed the [L. S.] at the capitol in the ... seal of the ... . . this ... ... day of. in the year of our Lord one thousand eight hundred and By the Governor: [NOTE. The above RULES OF PRACTICE and FORMS were recommended by the INTERSTATE EXTRADITION CONFERENCE, held in the city of New York in 1887, and have been adopted by the State in conjunction with other States.] A prisoner who voluntarily agrees to accompany an extradition agent, can not thereafter object to the absence of the warrant of extradition from the Governor of the State in which he was arrested. Cutshall, 109764. Sec. 146 (2790). c. 47, s. I. FAIRS. Fairs appointed by board of county commissioners. R. C., The board of county commissioners, a majority being present, may appoint fairs in their respective counties, at such places as they may judge most proper for the convenience of the inhabitants, so as to give encouragement to industry, by collecting the inhabitants for the purpose of bartering and selling all such articles as they may wish to dispose of. Sec. 147 (2796). Violation of rules of society a misdemeanor. 1870-'1, c. 184, s. 4. If any person, without license of the owner, or any agricultural or other society as aforesaid, shall unlawfully carry away, remove, destroy, mar, deface or injure anything animate or inanimate, while on exhibition on the grounds of any such society, or going to or returning from the same, he shall be guilty of a misdemeanor. It shall be sufficient in any indictment for any such offence, or for the larceny of any such thing, animate or inanimate as aforesaid, to charge that the thing so carried away, destroyed, marred, injured or feloniously stolen, is the property of the society to which the said thing shall be forwarded for exhibition. FALSE IMPRISONMENT. OFFICER. A policeman who, without warrant, arrests a man found helplessly drunk in a public and much frequented place in the town, at 11 o'clock in the night, and takes him to the calaboose and locks him up until morning, and then goes before the mayor and obtains a warrant and immediately serves it by carrying the prosecutor before the mayor, where he is tried and convicted, is not guilty of false imprisonment. The law making it the officer's duty to obtain a warrant before making arrest, or, in cases where the arrest may be made without warrant, to take him at once before some tribunal, is not so unreasonable as to require him to do so at a late and unseasonable hour, besides a trial with the prosecutor in such a condition would have been a farce. Distinguishing State v. Parker, 75 N. C., 249, and State v. James, 78 N. C., 455. Freeman, 86-683. Defendant, a constable, arrested the prosecutor on a warrant for bigamy, issued by a justice without any written affidavit, and put him in jail without having had any trial and having no mittimus; next day the prosecutor was brought out and a regular warrant issued on affidavit, and he was then regularly committed: Held, that defendant was guilty of false imprisonment. James, 78-455. FRAUD PRACTICED IN INDUCING PROSECUTOR TO GO WITH DEFENDANTS.— Defendants called the prosecutor up out of his bed at night, represented to him, in changed voices, that they were in search of a stolen horse, and offered to pay him to accompany them; and thereupon he mounted behind one of the defendants on his horse, and went voluntarily, without threat or violence from defendants, and after riding a quarter of a mile in a gallop, he complained of being hurt from the riding, dismounted and then discovered that he was the victim of a hoax and was left in the road by defendants: Held, that the fraud practiced did not impress the transaction with the character of a criminal act. Lunsford, 81-528. CHARGE-PUBLIC PLACE.-The prosecutor was drunk in an open space in rear of a bar-room, which fronted on one of the principal streets of a city, said open space being bounded on three sides by the bar-room, a twostory hotel, and a boarding-house overlooking the place where the prose cutor was found and arrested, which was about eight steps from the hotel dining-room. Some of the upper windows, and two of the dining-room and pastry-room windows of the hotel fronted the place, and the arrest was made while the guests, both of the hotel and boarding-house, were at dinner. Defendants were indicted for false imprisonment, and attempted to justify under a town ordinance against"public drunkenness": Held, that a charge that "if in order to view or see the prosecutor it was necessary for the citizens then and there assembled to go to the windows, then it would not be a public place" and defendants would be guilty, was erroneous. The ordinance says nothing about a public place, but is directed against "public drunkenness," and a man may be publicly drunk in a private place. McNinch, 87-567. FALSE LIGHTS. Sec. 148 (1024). False lights, holding out, on or near seashore. R. C., c. 34, s. 58. 1831, c. 42. Any person who shall make or display, or cause to be made or displayed, any false light or beacon, on or near the sea-coast, for the purpose of deceiving or misleading masters of vessels, and thereby put them in danger of shipwreck, shall be guilty of a felony, and imprisoned in the penitentiary for not less than four months nor more than ten years. FALSE MEASURES AND WEIGHTS. See MILLS. FALSE PRETENCE. SEC. 151. False pretence and false token, cheating by. SEC. 152. Obtaining signature by false pretence. SEC. 153. Obtaining advances by false pretences. SEC. 154. Advances obtained on false promise to begin work. SEC. 155. Obtaining certificate of registration of cattle. SEC. 156. Marriage license; misrepresentation as to age. SEC. 157. Entering horse at fair under assumed name. Sec. 151 (1025). False pretence and false token, cheating by. R. C., c. 34, s. 67. 1811, c. 814, s. 2. 24, 25 Vict., c. 96, s. 88. 33 Hen. VIII., c. 1, ss. 1, 2. 30 Geo. II., c. 24, s. 1. 52 Geo. III., c. 64, s. 1. 7 and 8, Geo. IV., c. 29, s. 53. If any person shall knowingly and designedly, by means of any forged or counterfeited paper, in writing or in print, or by any false token, or other false pretence whatsoever, obtain from any person or corporation within the state any money, goods, property, or other thing of value, or any bank note, check or order for the payment of money, issued by, or drawn on, any bank or other society or corporation within this state or any of the United States, or on any treasury warrant, debenture, certificate of stock, or public security, or any order, bill of exchange, bond, promissory note, or other obligation, either for the payment of money or for the delivery of specific articles, with intent to cheat or defraud any person or corporation of the same, such person shall be guilty of a misdemeanor for fraud and deceit, and imprisoned in the penitentiary not less than four months nor more than ten years, and fined in the discretion of the court: Provided, that if, on trial of any one indicted for such misdemeanor, it shall be proved that he obtained the property in such manner as to amount to larceny, he shall not, by reason thereof, be entitled to be acquitted of the misdemeanor; and no person tried for such misdemeanor shall be liable to be afterwards prosecuted for larceny upon the same facts : Provided further, that it shall be sufficient in any indictment for obtaining or attempting to obtain any such property by false pretences, to allege that the party accused did the act with intent to defraud, without alleging an intent to defraud any particular person, and without alleging any ownership of the chattel, money or valuable security; and, on the trial of any such indictment, it shall not be necessary to prove an intent to defraud any particular person, but it shall be sufficient to prove that the party accused did the act charged with an intent to defraud. INDICTMENT. An indictment charging that defendant did "designedly, unlawfully and falsely pretend that a horse in his possession was sound and healthy," is atally defective. There is no averment of any false pretence, but only of a falsehood, or false affirmation, which is merely the expression of an opinion. Holmes, 82-607. An indictment which alleges that defendant by means of a forged paper induced the prosecutor to execute to him a deed for 35 1-2 acres of land, instead of 55 1-2 acres, with intent to cheat and defraud the prosecutor out of "twenty acres of said tract of land of the value of twenty dollars," does not charge an indictable offence, since land is not concluded in the operation of the statute. Burrows, 33 (11 Ired.), 477. * was An allegation that defendant did "unlawfully, etc., pretend that a certain mare which he was proposing to trade sound in limb and body, and always had been sound in limb and body, whereas the said mare was broken down in her loins, and had been broken down in her loins," and that he knew these representations to be false, sufficiently charges the crime of false pretence. Sherrill, 95-663. An indictment which alleges that defendant falsely represented that a mare which he exchanged for the prosecutor's mule was sound, and "that there had never been anything the matter with the eyes of the sad mare," charges the false representation of a subsisting fact, and is sustained by proof that the eyes of the mare were diseased and had been operated upon for the "hooks" within the knowledge of defendant. Hefner, 84-751. An indictment charging that defendant falsely pretended that he was the sole owner of a certain mule without averring that he was not the sole owner, is fatally defective. Pickett, 78-458. Evidence that defendant sold prosecutor a pair of shoes for $1.40 and received therefor $1.50, and paid the ten cents change in two counterfeit half-dimes, will not support an indictment for obtaining money by false token. Allred, 84-749. Where the false pretence alleged is that defendant falsely represented to the prosecutor that he had an order on the prosecutor from a third person for the delivery of goods, it is sufficient without an averment as to whether the order was oral or written. Mikle, 94-843. An indictment which simply charges that defendant obtained "goods and money" of the prosecutor to the value of $50 without giving the names usually applied to the goods, or stating the amount of money, is fatally defective. Reese, 83-637. An indictment for obtaining a piece of ginger-bread from another by means of a counterfeit quarter of a dollar need not aver what sort of currency it was made to counterfeit, whether a United States, Spanish or Mexican quarter. Boon, 49 (4 Jones), 463. Nor is it necessary, in such case, to aver that the false token was like a quarter of a dollar, or had so much the appearance of one as was cal culated to deceive an ordinary person, since the word "counterfeit," ex vi termini, means a thing made to resemble some other thing. Ib. Nor is it necessary to aver that defendant passed, or delivered the counterfeit quarter to the prosecutrix, since the averment that he obtained the ginger-bread by means of it necessarily imports that he passed it to her. Ib. Nor is it necessary to aver that the ginger-bread was of any value, since it was an article of property and all property has some value. Ib. The averment that defendant obtained the ginger-bread from the prosecutrix with an intent to defraud her is a sufficient allegation that it was her property. Ib. It is not necessary that the indictment should use the word "feloniously." Crumpler, 90-701. An indictment which alleges that defendant "designing and intending |