Sec. 176 (1284). County liable in supreme court, when.

If on appeal to the supreme court in criminal actions the defendant is successful, the county from which the appeal was taken shall pay one-half the costs of the appeal, and all such sums as have been properly expended by the defendant for the transcript of the record and printing done under the rules of the court.

Sec. 177 (1289). When county pays state's witnesses.

Witnesses summoned or recognized on behalf of the state to attend on any criminal prosecution in the superior or criminal courts where the defendant is insolvent, or by law shall not be bound to pay the same, and the court does not order them to be paid by the prosecutor, shall be paid by the county in which the prosecution was commenced. And in all cases wherein witnesses may be summoned or recognized to attend any such court to give evidence in behalf of the state, and the defendant shall be discharged, and in cases where the defendant shall break jail and shall not afterwards be retaken, the court shall order the witnesses to be paid.

Code, s. 740; R. C., c. 28, s. 9; 1804, c. 665; 1819, c. 1008; 1824. c. 1253. Sec. 178 (1290). When county pays defendant's witnesses.

When the defendant shall be acquitted, a nolle prosequi entered, or judgment against him arrested, and it shall be made to appear to the court, by certificate of counsel or otherwise, that said defendant had witnesses, duly subpoenaed, bound or recognized, in attendance, and that they were necessary for his defense, it shall be the duty of the court, unless the prosecutor be adjudged to pay the costs, to make and file an order in the cause directing that said witnesses be paid by the county in such manner and to such extent as is authorized by law for the payment of state's witnesses in like cases.

Code, s. 747; 1879, c 264; 1881, c. 312.

Sec. 179 (1293). Confession of judgment to secure fine and costs.

In cases where a court, mayor or a justice of the peace permits a defendant convicted of any criminal offense, to give bond or confess judgment, with sureties to secure the fine and costs which may be imposed, the acceptance of such security shall be upon the condition that it shall not operate as a discharge of the original judgment against the defendant nor as a discharge of his person from the custody of the law until the fine and costs are paid.

Code, s. 749; 1885, c. 364; 1879, c. 264.

Sec. 180 (1294). Defendant failing to pay may be arrested.

In default of payment of such fine and costs, it shall be the duty of the court at any subsequent term thereof on motion of the solici

tor for the state to order a capias to issue to the end that such defendant may be again arrested and held for the fine and costs until discharged according to law; and a justice of the peace or mayor may at any subsequent time arrest the defendant and hold him for the fine and costs until discharged according to law.

Code, s. 750; 1885, c. 364; 1879, c. 264.

Sec. 181 (1302). When witness before grand jury.

No witness shall receive pay for attendance in a criminal case before a grand jury unless such witness shall have been summoned by direction in writing of the foreman of the grand jury, or of the solicitor prosecuting, addressed to the clerk of the court, commanding him to summon such witness, stating the name of the parties against whom his testimony may be needed, or shall have been bound or recognized by some justice of the justice of the peace to appear before the grand jury.

Code, s. 743; 1879, c. 264.

Sec. 182 (1303). State's paid, when; only two paid; one attendance, one day.

No person shall receive pay as a witness for the State on the trial of any criminal action unless such person shall have been summoned by the clerk under the direction of the solicitor prosecuting in the court in which the action originated, or in which it shall be tried if removed; and no solicitor shall direct that more than two witnesses shall be summoned for the state in any prosecution for a misdemeanor, nor shall any county or defendant in any such prosecution be liable for or taxed with the fees of more than two witnesses, unless the court, upon satisfactory reasons appearing, shall otherwise direct. And no witness summoned in a criminal action or proceeding shall be paid by the county for attendance in more than one case for any one day; nor shall the county be required to pay any such witness if his attendance shall be taxed in more than one case on the same day.

Code, s. 744; 1871-2, c. 186; 1879, c. 264.

Sec. 183 (1304). Only two bound over on appeal in criminal action.

When the defendant shall appeal from the judgment of the justice of the peace, in any criminal action, it shall be the duty of such justice of the peace to select and bind over on behalf of the state not more than two witnesses, and neither the county nor the defendant shall be liable for the fees of more than two witnesses on such appeal, unless additional witnesses shall be summoned by order of the appellate court as provided in the preceding section. Code, s. 745; 1879, c. 264.

Sec. 184 (1305). How discharged; certificate of attendance filed.

It shall be the duty of all solicitors prosecuting in the several courts, as each criminal prosecution shall be disposed of by trial, removal, continuance or otherwise, to call and discharge the witnesses for the state, either finally or otherwise, as the disposition of the case may require; and he shall thereupon file with the clerk of the court a certificate giving the names of the witnesses entitled to prove their attendance, with the date of their discharge. The said certificate shall be in the following or similar form, and blanks thereof shall be furnished to the solicitor by the clerk at the county's expense, viz:

Sec. 185 (1306). Not paid unless certified; discretion of judge.

Solicitor.

No county, prosecutor or defendant shall be liable to pay any witness, nor shall his fees be embraced in the bill of costs to be made up as herein before provided, unless his name be certified to the clerk by the solicitor, or included in the order of the court. And the judge or justice may, in his discretion, for satisfactory cause appearing, direct that the witnesses, or any of them, shall receive no pay, or only a portion of the compensation authorized by law: Provided, that the court, at any time within one year after judgment, may order that any witness may be paid, who for any good reason satisfactory to the court failed to have his fees ineluded in the original bill of costs.

Code, ss. 733, 748; 1879, c. 264; 1881, c. 312.

Sec. 186 (1308). Defendant imprisoned for.

If the justice shall sentence the party found by him to be guilty to pay a fine and costs, and the same shall not be immediately paid, the justice shall commit the guilty person to the county jail until the same shall be paid, or until he shall be otherwise discharged according to law.

Code, s. 904; 1868-9, c. 178, subc. 4, s. 15.

Sec. 187 (3691). Corporation commission, witnesses before.

If any person duly summoned to appear and testify before the corporation commission shall fail or refuse to testify without law

ful excuse or shall refuse to answer any proper question propounded to him by said commission in the discharge of its duty or shall conduct himself in a rude, disrespectful or disorderly manner before said commission, or any of them deliberating in the discharge of duty, such person shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than fifty nor more than one thousand dollars.

1899, c. 164, s. 10.

Sec. 188 (3692). General assembly; failure to attend as witness before committee of.

If any person shall willfully fail or refuse to attend or produce papers, or summons of any committee of investigation of either house of the general assembly, either select or committee of the whole, he shall be guilty of a misdemeanor, and on conviction in the superior court of the county in which such witness may reside or be found, he shall be fined not less than five hundred dollars nor more than one thousand dollars, and imprisoned, at the discretion of the court.

Code, s. 2854; 1869-70, c. 5, s. 2.

Sec. 189 (3693). Internal Improvements, witnesses before board of.

If any person shall refuse to obey any summons of, or answer any questions when required so to do, by a member of the board of internal improvements, who is making an investigation as authorized by law, he shall be guilty of a misdemeanor. Code, s. 1721; 1879, c. 281, s. 3.

COTTON.

Sec. 190 (3811). Cotton; inspection and sale of, in certain counties. If any buyer of baled cotton shall fail to inspect all baled cotton when purchased and before the same is delivered, or shall make any deduction from the price agreed to be paid therefore on account of any inspection made after delivery of the same, he shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not more than fifty dollars or imprisoned not exceeding thirty days. This section shall apply only to the counties of Stanly, Cabarrus, Montgomery, Anson, Catawba, Richmond and Rowan: Provided, this section shall not have the effect to prevent a deduction or rebate on the price agreed for fraudulent baling or packing of cotton

or to prevent an indictment for false pretense in the counties of Montgomery, Rowan and Stanly.

1891, c. 287; 1899, c. 320.

DIAGRAM OF PREMISES.-A plat or diagram of defendant's premises, offered by him to show the position of the yard, house, cotton, etc., for the purpose of illustrating the position of the defendant, and to show that he could not have seen or received the cotton, is competent, though no notice was given the state of its preparation. Whiteacre, 98-753.

ACT CONSTITUTIONAL.-Laws N. C., 1887, c. 81 (amended 1889, c. 319), making it unlawful to buy, sell, deliver or receive seed cotton in certain counties in quantities less than that usually contained in a bale, unless the contract is reduced to writing, signed by the parties in the presence of two witnesses, and entered on the docket of the nearest magistrate within ten days thereafter, is an exercise of the police power of the legislature, and does not conflict with either the state or federal constitution. (Const. N. C., art. 1, sections 1 and 31. Const. U. S., Fourteenth Amendment.) Moore, 104–714. INDICTMENT-MANNER OF CARRYING COTTON.-When the indictment fails to set forth the manner in which the cotton was brought or carried, a motion in arrest of judgment will be sustained. Whiteacre, 98-753.

FORMER CONVICTION JURISDICTION.-After having been presented by the grand jury for failure to make a sworn statement of his purchases, defendant was tried and convicted before a justice of the peace more than six months after the commission of the offense, but the fact of such presentment was then unknown either to defendant or the justice: Held, that the justice had concurrent jurisdiction after the lapse of six months, and that plea of former conviction should be sustained. Roberts, 98-756.

Sec. 191 (3813). Cotton, sale of, at night.

If any person shall buy, sell, deliver or receive, for a price, or for any reward whatever, any cotton in the seed, or any unpacked lint cotton, brought or carried in a basket, hamper or sheet, or in any mode where the quantity is less than what is usually baled, or where the cotton is not baled, between the hours of sunset and sunrise, such person so offending shall be guilty of a misdemeanor. On conviction, in Mecklenburg and Nash counties, the offender shall be imprisoned not less than three months nor more than twelve months, and shall also be liable to a penalty of two hundred dollars, one-half of which shall go to the party suing for same, and one-half to the public schools of the county.

Code, s. 1006; 1873-4, c. 62; 1874-5, c. 70; 1905, c. 417.

Sec. 192 (3814). Cotton-seed meal; sale of, not having been inspected.

If any person shall sell or offer for sale any cotton-seed meal, which has not been inspected and branded as required by law, or shall sell any cotton-seed meal containing a less quantity of ammonia than is authorized by law, or shall violate any regulation or rule made by the state board of agriculture regulating the sale, inspection, branding or tagging of cotton-seed meal, he shall be guilty of a misdemeanor.

1903, c. 339, ss. 3-5; 1905, c. 207, s. 6.