the certificate as aforesaid shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than twenty-five dollars nor more than one hundred dollars, or be imprisoned at the discretion of the court, for each and every offence: Provided, this act shall not apply to women pursuing the avocation of midwife, nor to reputable physicians or surgeons resident in a neighboring state coming into the state for consultation with a registered physician of this state.

Any clerk of the superior court who shall register or issue a certificate to any person in any other manner than that prescribed by this act shall be guilty of a misdemeanor, and upon conviction. thereof shall be fined not less than two hundred dollars and shall be removed from office.

[For requirements as to registration of physicians referred to in above section, see Laws 1889, c. 181.]

Sec. 499 (3132).

cs. 117, 261.

Practicing without license. 1858-'9, c. 258, s. 15. 1885, 1889, c. 181. 1891, c. 181.

Any person who shall practice medicine or surgery without having first applied for and obtained license from the said board of examiners, shall not be entitled to sue for or recover before any court any medical bill for services rendered in the practice of medicine or surgery or any of the branches thereof: Provided, that this section shall not apply to physicians who have a diploma from a regular medical college and were practicing medicine and surgery in this state prior to the seventh day of March, one thousand eight hundred and eighty-five. And any person who shall begin the practice of medicine or surgery in this state for a fee or reward, after the passage of this act, without first having obtained license from said board of examiners, shall not only not be entitled to sue for or recover before any court any medical bill for services rendered in the practice of medicine or surgery, or any of the branches thereof, but shall also be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than twenty-five dollars nor more than one hundred dollars or imprisoned at the discretion of the court, for each and every offence. Provided, that this act shall not be construed to apply to women who pursue the avocation of a midwife: And provided further, that this act shall not apply to any reputable physician or surgeon resident in a neighboring state coming into this state for consultation with a registered physician resident therein. But this proviso shall not apply to physicians resident in a neighboring state regularly practicing in this state.

EVIDENCE. It is sufficient to prove that defendant held himself out to the public as a physician or surgeon, and invited or solicited professional employment from any who might desire his services. Van Doran, 109—. STATUTE CONSTITUTIONAL.-This statute is not unconstitutional, as granting to physicians and surgeons of other states privileges that are not granted to citizens of this state, in violation of Const. N. C., art. 1, sec. 7, providing that "no man or set of men are entitled to exclusive or separate emoluments or privileges from the community but in consideration of public services." The proviso as to non-resident physicians is merely an exception to a restrictive or prohibitory statute, inserted through courtesy to sister states upon the assumption that they have made ample provision for the health of their citizens by similar legislation. Van Doran, 109—. This statute does not violate the fourteenth amendment of the constitution of the United States prohibiting any state from denying to any person the equal protection of the laws, since such amendment does not restrict the powers of the state when the statute applies equally to all persons in the same class, and the state is usually the judge of the classification. Call, 121-643.

The fact that the statute exempts from its requirements physicians already practicing in the state at the date of its passage does not make the statute invalid as creating a monopoly or conferring special privileges, since it is only the exercise of the police power to protect the public from imposters and incompetents. Call, 121-643.

The legislature has an unquestioned right to require an examination and certificate as to the competency of persons desiring to practice medicine or to exercise other callings affecting the public and requiring skill and proficiency. Call, 121-643.

INDICTMENT. An indictment using the disjunctive "or" by charging that defendant "did practice or attempt to practice medicine or surgery," is sufficient. Shepherd, J., dissenting. Van Doran, 109—.

It is not necessary that the indictment should state that the defendant ever prescribed for or practiced upon a particular patient. Van Doran, 109-.

If indicted under section 5, chapter 181, laws of 1889, it is not necessary to allege that the defendant practiced for fee or reward, but if the indictment is under section 2, chapter 117, laws 1885, such allegation is necessary. Call, 121-643.

An indictment which does not charge that defendant did not register and obtain a certificate is defective. Call, 121-643.

The indictment need not charge that the defendant does not belong to one of certain classes which are withdrawn from the operation of the statute by a proviso. Call, 121-643.

NO CONFLICT.-Section 5, of chapter 181, laws of 1889, is not in conflict with and does not repeal section 2 of chapter 117, laws of 1885. Call, 121-643.

GIVING ONLY PROPRIETARY MEDICINE.-One who holds himself out to the public as a physician,visits patients and diagnoses their diseases, and agrees upon a fee for his services, can not evade the law by proving that the medicine administered was a proprietary remedy prepared and sold by himself. Van Doran, 109-.

SPECIAL VERDICT.-A special verdict which does not find that defendant practiced "for fee or reward" will not justify a conviction. Call, 121643.

POISON.

INDICTMENT.-An indictment for administering poison (strychnia) with intent to kill, which does not aver that defendant "well knew that said strychnia was a deadly poison," is fatally defective. Yarborough, 77-524. ATTEMPT.-An attempt to procure the miscarriage of a pregnant woman by administering a poisonous drug, is a misdemeanor at common law. Slagle, 82-653.

ARREST OF JUDGMENT.-Defendant was convicted in the inferior court upon an indictment marked "a true bill;" but before judgment she moved, on affidavits of the foreman of the grand jury, that no such bill had been acted on by the grand jury or returned by them, to correct the record so as to show that no indictment had, in fact, been found. The court denied the motion because not made in apt time; defendant then moved to arrest the judgment which was also denied, and judgment being pronounced, she appealed to the superior court, which arrested judgment: Held, tist while the inferior court properly refused to arrest the judgment, it erred in not entertaining the motion to amend. The superior court erred 3 arresting the judgment; it should have reversed the judgment of the inferior court in denying the motion to amend, and remanded the case. Harrison, 104--728.

Sec. 500 (1094). Poison, unlawful to put in streams, for purpose of catching, killing or driving away fish. 1883, c. 290.

It shall be unlawful for any person to put any poisonous substance for the purpose of catching, killing or driving off any fish in any of the waters of a creek or river, and any person violating this section shall be guilty of a misdemeanor.

Sec. 501. Poison, maliciously or secretly administering. 1887, c. 32.

If any person, by maliciously administering poison to another, or by laying or placing poison for another in any food or drink, or otherwise, with intent to kill or injure such oher person, or shall cause any person to partake of the same, though death do not ensue therefrom, the person so offending shall be guilty of a felony and punished as is prescribed in the next preceding seetion; and if any person, by offering to administer poison, or by laying or placing the same for another, shall wilfully attempt to commit the said felony without consummating the same, he shall be guilty of a misdemeanor and punished by imprisonment in jail or the penitentiary not less than two months nor more than two years, or by a fine not exceeding two hundred dollars, or both, in the discretion of the court.

Sec. 502. Poisonous shrubs or plants, unlawful to leave exposed in street. 1887, c. 338.

It shall be unlawful for any person to throw into or leave exposed in any public square, street, lane, alley, or open lot in

any city, town or village, or in any public road in this state, any mock orange or other poisonous shrub, plant, tree or vegetable.

Any person violating the provisions of this act shall be liable in damages to any person injured thereby, and shall also be guilty of a misdemeanor, and upon conviction thereof shall be fined or imprisoned at the discretion of the court.

Sec. 503. Death by poison, analysis by state chemist. 1885, c. 355. 1887, c. 269.

When at any coroner's inquest held over the body of any person it shall be ascertained by the coroner and his jury that the deceased may have come to his or her death by some poison, hurtful chemical or other substance, administered by some person other than the deceased, then it shall be the duty of the coroner to summon two physicians, who must have been licensed to practice under the laws of North Carolina, and shall have them make in his presence a thorough examination of the body of the deceased, externally and internally, making a post-mortem examination of. such of the vital parts as the heart, brain, stomach, liver, smaller intestines, et cetera, as the said coroner and physicians may deem necessary, and of all clothing, bedclothing, drugs, discharges, articles of food, utensils, furniture and all other articles which may have been used or have in any way been connected with the case. The said coroner and physicians shall make their report in writing to the coroner's jury, stating whether or not in their opinion the deceased came to his or her death by a poison, hurtful chemical or other substance at the hands of some other person than the deceased; and whenever in the opinion of the said coroner and physicians it is still necessary in order to reach the ends of justice that a chemical analysis of the viscera be made, they shall remove the stomach or other parts as they may deem necessary, and shall secure any drugs, food or other articles as aforesaid and shall pack each soft or liquid substance in a separate air-tight vessel and shall seal the same, all three of them being present, and deliver them to the coroner, who shall transmit them himself or by a trustworthy messenger to the chairman of the board of county commissioners, with full reports of their proceedings and conclusions. Whenever a chemical analysis of the articles shall be found necessary as aforesaid, the chairman of the board of the county commissioners shall forward by a trustworthy messenger the article or articles taken and sealed as aforesaid and delivered to him by the coroner to the [state] chemist provided in this act, with a certified copy of the report of the coroner and physicians and the coroner's jury as

aforesaid, and his certificate that the requirements of this act have been complied with. All expenses in connection with the requirements of this section shall be borne by the county in which the deed was committed.

PRACTICE.

See TRIAL APPEAL, ETC.

PRESENTMENT.

Sec. 504 (1166). Names of witnesses and grand jurors to be indorsed on presentment. R. C., c. 35. s. 7. 1797, c. 474, s. 2.

When a presentment shall be made of any offence by a grand jury, upon the knowledge of any of their body, or upon the testimony of witnesses, the names of such grand jurors and witnesses shall be indorsed thereon.

INDICTMENT MUST BE BY GRAND JURY QUALIFIED TO SERVE.-Every defendant has the right before he is put to answer a charge of the state against him, to require that the accusation should be preferred by a bill of indictment found by a grand jury composed of men qualified to serve as prescribed by law, and he may avail himself of the disqualification of any of them when or before he is called on to plead. Watson, 86-624.

HOW AND WHEN DEFENDANT MAY TAKE ADVANTAGE OF DEFECT IN GRAND JURY. A defendant, in order to take advantage of the incompetency of the grand jury, must put in his plea in abatement in apt time, and by apt time is meant the arraignment of the defendant. Watson, 86-624.

If any of the grand jurors who found the bill were incompetent to serve, the defendant may take advantage of such fact, either by plea in abatement, or by motion to quash, but this must be done before the plea of not guilty is entered. Baldwin, 80-390.

Sec. 505 (1175). No person to be arrested on a presentment, nor tried, except on indictment. R. Č., c. 35, s. 6. 1797, c. 474, s. 3. 1879, c. 12. No person shall be arrested on a presentment of the grand jury, or put on trial before any court, but on indictment found by the grand jury.

BILL OF INDICTMENT NOT NECESSARY ON APPEAL FROM A JUSTICE'S COURT. -On appeal from the judgment of a justice of the peace, in a case where the justice has jurisdiction, the defendant may be tried on the original warrant without the finding of a bill of indictment by the grand jury,