Sec. 588 (2562). Treasurer failing to report to said superintendent guilty of misdemeanor. 1881, c. 200, s. 34. 1883, c. 121, s. 13.

Any treasurer of a county board of education failing to make the reports required of him at the time and in the manner prescribed shall be guilty of a misdemeanor, and be fined not less than fifty dollars and not more than two hundred dollars, or imprisoned not less than thirty days nor more than six months, in the discretion of the court.

Sec. 589 (2563). Sheriff to pay annually in money to treasurer of the county board, amount of state and county taxes levied for school purposes, etc.; misdemeanor; penalty; action on bond. 1881, c. 200, s. 35. 1881, c 201. The sheriff of each county shall pay annually in money to the treasurer of the county board of education thereof, on or before the thirty-first day of December of each year, the whole amount levied, less such sum or suns as may be allowed on account of insolvents, for the current year, by both state and county, for school purposes; and, on failure so to do, shall be guilty of a misdemeanor, and fined not less than two hundred dollars, and be liable to an action on his official bond for his default in such sum as will fully cover such default, said action to be brought to the next ensuing term of the superior court and upon the relation of the county board of education for and in behalf of the state.

Sec. 590. False returns of school census by school committeemen, indictable. 1889, c. 353.

Any person who is a member of the school committee of any district, as such, shall knowingly and wilfully take a false or inaccurate census, or make a false or inaccurate return or report to the county superintendent of public instruction of the number of children in his district between the ages of six (6) and twentyone (21), shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined and imprisoned at the discretion of the court.

Sec. 591. Unlawful for officers or employees of educational institutions to furnish supplies. 1897, c. 543.

SECTION 1. It shall be unlawful for any member of any board of directors, board of managers or board of trustees of any of the educational, charitable, eleemosynary or penal institutions of the state, or any member of any board of education, or any county or district superintendent of schools, or examiner of teachers, or any school trustee of any school or other institution supported in whole or in part from any of the public funds of the state, or any

officer, agent, manager, teacher or employee of any said boards, to have any pecuniary interest, either directly or indirectly, proximately or remotely, in supplying any goods, wares or merchandise of any nature or kind whatsoever, to any of said institutions or schools.

Nor shall any of said officers, agents, manager, teachers or employees of said institutions or schools or state or county officers, act as agent for any manufacturer, merchant, dealer, publisher or author for any article of merchandise to be used by any of said institutions or school, nor shall they receive, directly or indirectly, any gift, emolument, reward or promise of reward, for their influence in recommending or procuring the use of any manufactured article, goods, wares or merchandise of any nature or kind. whatsoever for any of said institutions or school.

Any person violating the provisions of this act shall be forthwith removed from his position in the public service, and shall, upon conviction, be deemed guilty of a misdemeanor, and fined not less than fifty dollars ($50.00) nor more than five hundred ($500) dollars, and be imprisoned in the discretion of the court.

SCIRE FACIAS.

The object of a scire facias is to nothy the cognizor to show cause why the cognizee should not have execution for the sum acknowledged. Mills, 19 (2 D. & B.), 552.

It is not necessary to issue a scire facias returnable to next term of a court after the judgment nisi is taken on an appearance bond. Jenkins, 121-637.

The recorded default makes the judgment absolute subject only to matters of avoidance, and no judgment of forfeiture is required berore issuing the scire facias. Mills, 19 (2 D. & B.), 552.

The scire facias must issue and judgment be had thereon previous to suing out execution upon the forfeited recognizance. Mills, 19 (2 D. & B.), 552.

A defaulting witness who has judgment nisi entered aginst him, may apply to the court for a remission of the forfeiture before a scire facias issues against him. Herndon, 5 (1 Murph.), 269.

SEAMEN.

Sec. 592 (1108). Seamen, enticing from vessels, a misdemeanor. 1879, c. 219, s. 1. 1881, c. 256, s. 1.

Any person who 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, shall be guilty of a misdemeanor, and fined not exceeding fifty dollars, or imprisoned not exceeding thirty days.

Sec. 593 (1109). Seamen, unlawful to secrete or harbor those who have deserted. 1879, c. 219, s. 2. 1881, c. 256, s. 2.

Any person who shall secrete or harbor any such seaman, who has deserted from any domestic or foreign vessel, knowing that such seaman has deserted, 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.

WARRANT.-A warrant for harboring a seaman in proper form is not defective because the word "knowing" is omitted in the affidavit upon which it is based. Bryson, 84-780.

Sec. 594 (1110). Seamen, justices of the peace authorized to issue search warrants for those who have deserted. 1881, c. 256, s. 3.

If any credible witness shall prove, 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 son on whose premises he may be found, and the person on whose premises such seaman 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 costs shall be paid by the party making the complaint.

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Sec. 595 (1111). Seamen, either party may appeal, justice to reduce to writing testimony of all material witnesses and return to appellate court; fees of justice. 1881, c. 256, ss. 4, 5.

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 immediately proceed 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 such 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.

SEARCH WARRANT.

Sec. 596 (171). Of search warrants. 1868. '9, c. 178, sub chap. 3, s. 38. 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.

SEARCH WARRANT, WHEN GRANTED.-A search warrant in this state is to be granted only when a larceny is charged to have been committed. McDonald, 14 (3 Dev.), 468.

Before a search warrant can be granted oath must be made before the justice that a felony has been committed, and that the party complaining has probable cause to suspect that the stolen goods are in such a place, and the affidavit should show his reasons for the suspicion. McDonald, 14 (3 Dev.), 468.

Sec. 597 (1172). Search warrant, its form and the proceedings thereon. 1868-'9, c. 178, sub chap. 3, s. 39.

Such search warrant shall describe the article to be searched for with reasonable certainty, and by whom the complaint is made, and in whose possession the articles to be searched for is supposed to be; it shall be made returnable as other criminal process is by law required to be, and the proceedings thereupon shall be as is required in other cases of criminal complaint.

SECRET POLITICAL SOCIETIES.

Sec. 598 (1095). Political societies, secret, prohibited. 1868-'9, c. 267. 1870-'71, c. 133. 1871-'2, c. 143.

If any person, for the purpose of compassing or furthering any political object, or aiding the success of any political party or organization, or for resisting the laws, shall join or in any way connect or unite himself with any oath-bound secret political or military organization, society or association of whatsoever name or character, or shall form or organize, or combine and agree with any other person or persons to form or organize any such organization, or as a member of any secret political or military party or organization shall use, or agree to use, any certain signs or grip or passwords, or any disguise of the person or voice, or any disguise whatsoever for the advancement of its object, and shall take or administer any extra-judicial oath, or any secret solemn pledge, or any like secret means, or if any two or more persons for the purpose of compassing or furthering any political object, or aiding the success of any political party or organization, or for circumventing the laws, shall secretly assemble, combine or agree together, and the more effectually to accomplish such purposes, or any of them, shall use any certain signs, or grips, or passwords, or any disguise of the person or voice, or other disguise whatsoever; or shall take or administer any extra-judicial oath or other secret