Sec. 1025 (2936). Mayor must certify ordinances on appeal.

In all cases of appeal from a mayor's court to the superior or other court of appeal, when the offense charged is the violation of a town ordinance the mayor shall send with the papers in the case a true copy of the ordinance alleged to have been violated, and shall certify under his hand and seal that said ordinance was in force at the time of the alleged violation of the same.

1899, c. 277.

Sec. 1026 (2937). May sentence to work on streets to pay fine.

In all cases where judgments may be entered up against any person for fines, according to the laws and ordinances of any incorporated town, and the person against whom the same is so adjudged refuses or is unable to pay such judgment, it may and shall be lawful for the mayor before whom such judgment is entered, to order and require such person, so convicted, to work on the streets or other public works, until, at fair rates of wages, such person shall have worked out the full amount of the judgment and costs of the prosecution; and all sums received for such fines shall be paid into the treasury. No woman shall be worked on the

streets.

Code, s. 3806; 1897, c. 270; 1899, c. 128; 1866-7, c. 13.

Sec. 1027 (2939). Power of constable as to process and as peace officer. As a peace officer, the constable shall have within the town all the powers of a constable in the county; and as a ministerial officer, he shall have power to serve all civil and criminal process that may be directed to him by any court within his county, under the same regulations and penalties as prescribed by law in the case of other constables, and to enforce the ordinances and regulations of the board of commissioners as the board may direct.

Code, ss. 3808, 3810; R. C., c. 111, s. 20; 1879, c. 266; 1897, c. 519; 1899, c. 168.

Sec. 1028 (2923). Ordinances, rules and regulations made by.

The board of commissioners shall have power to make ordinances, rules and regulations for the better government of the town, not inconsistent with this chapter and the law of the land, as they may deem necessary; and may enforce them by imposing penalties on such as violate them; and may compel the performance of the duties imposed upon others, by suitable penalties.

Code, ss. 3799, 3804; R. C., c. 111, ss. 12, 17.

Sec. 1029 (1595). Town ordinances how proved.

In the trial of appeals from mayors' courts, when the offense charged is the violation of a town ordinance, a copy of the ordinance alleged to have been violated, certified by the mayor, shall be prima facie evidence of the existence of such ordinance.

1899, c. 277, s. 2.

The clerk to the board of aldermen testified that the book produced by him contained the entries of the proceedings of the board; that the entries were not transcribed from the rough sheets at the time of the passage of the ordinances, but were afterwards entered on the record by some one in his presence and under his direction; that the mayor and aldermen were present when the ordinances were passed, though the record did not show who were present: Held, that the book was competent to prove the ordinances. Irvin, 126-991. The records of the proceedings of the board of aldermen, kept by the clerk, is competent evidence of the ordinances. Irvin, 126-989.

TRACTION ENGINES.

Sec. 1030 (2727). Traction engines allowed on roads.

It shall be lawful for any person to run and use traction engines and road steamers upon the public roads.

Code, s. 2061; 1870-1, c. 162.

TRADE AND COMMERCE.

Sec. 1031. Certain acts and contracts forbidden.

SECTION 1. That it shall be unlawful for any person or corporation to directly or indirectly be guilty of any of the acts and things specified in any of the subsections of this section. (a) For any person, firm, corporation or association to make a sale or sales of any goods, wares, merchandise, articles or things of value whatsoever in North Carolina, whether directly or indirectly, or through any agent or employee, upon the condition that the purchaser thereof shall not deal in the goods, wares, merchandise, articles or things of value of a competitor or rival in the business of the person, firm, corporation or association making said sales. (b) For any person, firm, corporation or association to directly or indirectly willfully destroy or injure, or undertake to destroy or injure, the business of any opponent or business rival in the state of North Carolina with the purpose or intention of attempting to fix the price of any thing of value when the competition is removed.

(c) For any person, firm, corporation or association which directly or indirectly buys or sells within the state, through himself or itself, or through any agent of any kind, or as agent or principal, or together with or through any allied, subsidiary or dependent person, firm, corporation or association, as much as fifty per centum in quantity of any article or thing of value which is sold or bought in the state, to injure or undertake to injure or destroy the business of any rival or opponent, by lowering the price of any article or thing of value sold, so low, or by raising the price of any article or thing of value bought so high as to leave an unreasonable or inadequate profit for a time and with the purpose of increasing the profit on the 'business when such rival or opponent is driven out of business, or his, their or its business is injured. (d) For any person, firm, corporation or association dealing in any thing of value within the state of North Carolina, to give away or sell, at a place where there is competition, such thing of value at a price lower than is charged by such person, firm, corporation or association, for the same thing at another place, where there is not sufficient reason for charging less at the one place than at the other, with the view of injuring the business of another. (e) For any person, firm, corporation or association engaged in buying or selling any thing of value in North Carolina to make or have any agreement or understanding, express or implied, with any other person, firm, corporation or association, not to buy or sell said things of value within certain territorial limits within the state, with intention of preventing competition in selling or to fix the price or prevent competition in buying of said things of value within these limits: Provided, nothing herein shall be construed to prevent an agent from representing more than one principal. But nothing in this proviso shall be construed to authorize two or more principals to employ a common agent for the purpose of suppressing competition or lowering prices.

SEC. 2. That any corporation, either as agent or principal, violating any of the provisions of this act, shall be guilty of a misdemeanor, and such corporation shall upon conviction be fined not less than one thousand dollars for each and every offense, and any person violating any of the provisions of this act shall be guilty of a misdemeanor and upon conviction shall be fined not less than five hundred dollars or imprisoned, within the discretion of the court.

SEC. 3. That any person being either within or without the state who encourages or willfully allows or permits any agent or

associates in business in this state to violate any of the provisions of this act, shall be guilty of a misdemeanor, and upon conviction shall be punished as provided in section two hereof.

SEC. 4. That where the things prohibited in section one of this act are continuous, then in such event after the first violation of any of the provisions hereof, each week that the violation of such provision shall continue shall be a separate offense.

SEC. 5. That the provisions of this act shall not be construed so as to repeal or restrict the common law doctrine preventing unlawful combination in trade and commerce, which are hereby re-enacted and declared to be in full force in this state, except as may be inconsistent with the other provisions of this act.

SEC. 6. That if it shall be made to appear upon affidavit to any solicitor, the affidavit may be made upon information and belief, and when made upon information and belief it shall state the ground upon which the affidavit is made, and if reasonable, in the opinion of the solicitor in this state, that any corporation has violated or is violating any of the provisions of this act within the judicial district of such solicitor, it shall be the duty of such solicitor to apply to a judge of such judicial district, or a judge holding the courts of such judicial district, for an order to cause such corporation, its officers and agents, or either of them, to appear before such judge at a time and place to be named by him, which time shall not be less than five days from the issuing thereof, to show cause why such corporation, its officers and agents, or either of them, should not produce before such judge at a time and place to be named, all the papers and records of such corporation, and if the judge shall be satisfied that such production should be made, he shall make an order requiring such corporation, its officers and agents, or either of them, to produce all of its papers, books and records to be examined by such solicitor in the presence of such judge. If any corporation, its officers or agents, shall fail to appear, or shall fail to produce such papers, books or records as may be required, he or it shall be guilty of a misdemeanor, and it shall be the duty of such solicitor to proceed to prosecute such corporation, its officers or agents. The said solicitor, in case of the conviction of a corporation, shall be paid a fee of two hundred dollars, to be taxed against said corporation; and in case of the conviction of an individual, a fee of one hundred dollars, to be taxed against said individual.

SEC. 7. This act shall be in force from and after July tenth. one thousand nine hundred and seven.

1907, c. 218.

The following supplemental act to the foregoing act was passed by the legislature of 1907:

That no person who is subpoenaed and required by the state to testify under the provisions of the act passed at the present session of the general assembly, entitled "An act to prohibit conduct within the state of North Carolina which interferes with trade,' shall be prosecuted or convicted on account of matters disclosed by the testimony of such witness, nor shall the testimony of such witness be received or used in any court in any prosecution against him or her.

1907, c. 219.

TRADEMARKS.

Sec. 1032 (3851). Forgery and counterfeiting; fraudulent use of brands. If any person shall knowingly use the mark or brand of any other person on any sack, or shall knowingly impress on any sack the mark or brand of another person, with intent to defraud or for the purpose of enhancing the value of his own property, the person so offending shall be guilty of a misdemeanor, and punished as if convicted of larceny.

Code, s. 1040; 1874-5, c. 225.

Sec. 1033 (3852). Private marks, stamps, labels.

If any person shall knowingly and willfully forge, or counterfeit or cause or procure to be forged or counterfeited, the private marks, tokens, stamps or labels of any mechanic, manufacturer or other person, being a resident of the United States, with intent to deceive and defraud the purchasers, mechanics or manufacturers of any goods, wares or merchandise whatsoever, upon conviction thereof he shall be punished by a fine of not less than fifty dollars and not exceeding one thousand dollars, or by imprisonment of not less than thirty days or more than five years, or both fine and imprisonment, at the discrétion of the court.

Code, s. 1038; 1870-1, c. 253, s. 1.

TRAINED NURSE.

Sec. 1034 (3656). Trained nurse, acting as, illegally.

If any person shall procure license as a trained nurse by false representation, or shall refuse to surrender a license which has been duly revoked in the manner prescribed by law, or shall use the