New North Carolina
Search and Seasure Law
Section 1. It shall be unlawful for
jmy person, firm, corporation, asso
ciation, or company, by whatever
name called, other than druggists,
medical and depositories duly licens
ed thereto, to engage in the business
of selling, exchanging, bartering, gi\
ingaway for the purpose of dir-ct or
indirect gain, or otherwise handling
spirituous, vinous or malt liquons in
the State of North Carolina. Any per
son, firm or corporation or associa
tion violating the provisions of this
act shall be guilty of a misdemeanor.
Sec. 2: That i* shall be unlawful
for any person, firm, association, or
corporation by whatever name called,
other than druggists and medical de
positories duly licensed thereto, to
have or keep in his, their or its pos
session for the purpose of sale, any
spirituous, vinous or malt liquons;
and proof of any one of the following
facts shall constitute prima facte evi
dence of the violation of this section
Prima Facie Evidence.
First. The possession a license
from the government of the United
States to sell or manufacture intoxi
cating liquors, or,
Second; The possession of more
than one gallon of splrituuos Liquors
at any one time; whether in one or
more places; or,
Third; The possession of more
than three gallons of vinous liquors
at any one time, whether in one or
more places; or. j
Fourth; The possession of more
than five gallons of malt liquors at .
any one time, whether in one or moix
places; or,
Fifth; The delivery to such per ■
son, firm, association or corporation
of more than five gallons of splrttuiom
or vinous liquors, or more than twen
ty gallons of malt liquor® within any j
four successive weeks, whether in
one or more places; or,
Sixth: The possession of into*
ieating liquors as samples to obtain
orders thereon: Provided, That Ur,
section shall not prohibit any t) per
son from keeping in his possnsskm
wines and cldoi s in any quanlty where
siuli wines and ciders have been
mauniu( lured from grapes or Iruit
grown on Ihe premises of the person
In whose possess ion said wines and
ciders may be.
“Starch and Seizure" Section,
Sec. 3. Upon the filing of the com
pi aim. under oath, by a reputable cit
izen or information furnished under
oath by an officer charged wtitli the
execution of the law, before a justice
of the peace, recorder, mayor, or
other officer authorized by law to is
sue warrant, charging t hat any person
firm, corporation, association, or coin
puny, by whatever name called, has
in his, their or its possession, at a
place or places specified, more than
one gallon of spirituous or vinous
liquors or more than five gallons of
malt liquors for the puri>ose of sale,
a warrant shall he issued commanding
the officer to whom it is directed to
search the place or places described
in such complaint or information and
if more than one gallon of spirituous
or vinous liquors or more than five
gallons of malt liquors be found in
any such place or places, to seize
and take into his custody all such
intoxicating liquors described in said
complaint or information, and seize
and take into his custody all glasses,
bottles, kegs, pumps, bars or other
equipment used in the business of
selling intoxicating liquors whi h
may be found at such place or places
and safely keep the same subject to
the orders of the court. The com
plaint or information shall describe
the place or places to he searched
with sufficient particularity to identi
fy the same, and shall describe the
intoxicating liquor or other property
alleged to be used In carrying on the
business of selling intoxicating liq
uors as particularly as practicable,
and any description, however general
that will enable the officer execut
ing the warrant to identify the prop
erty seized shall be deemed suf
ficient. All spirituous vinous or malt
liquors seized under this section shall
he held and upon acquital of the per
son so charged, shall he returned to
such person and, upon conviction, or
upon default of appearance, shall he
destroyed,
Sec. 4. It shall he unlawful for
any hank incorporated under the laws
of the slate, or national hank, or any
individual, firm or association to pre
sent, collect, or in anywise handle
any draft, bill of exchange or order
to pay money, td which draft, hill of
exchange, or order to pay money is
attached to bill of lading, or order,
or receipt for intoxicating liquors, or
which draft is enclosed with, con
nected with, or is in any way related
to, directly or indirectly, any bill of
lading, order", or receipt for in toxical.
inSxliquors. Any person, firm, cor
po rat ion, association, or bank violat
ing the provision of this act shall be
■guilty of a misdemeanor.
Sec. 5. All express companies, rail
road companies, or other transporta
tion companies doing business in thi
state are required hereby to keep a
separate l>rx>k in which shall be enter
ed immediately upon receipt thereof
the name of the person to whom the
liquor is shipped, the amount and
kind received, and the date When re
ceived, the date when delivered and
by whom delivered and to whom de
livered, after which the consignee
shall be requirtMl to sign his name,
or, if be cannot write shall make his
mark in the presence of a witness,
before such liquor is delivered to such
consignee, and which said )>ook shall
be open tor inspecti n to any officer
or citizen of the state, county, or
municipality at any time during busi
ness hours of the company, and said
Isxik shall constitute prima facie
evidence of the facts therein and will j
he -admissible In any of the courts j
in this state. Any express company, j
railroad company or other transporta-1
tion company viloating the provisions
of this taxation shall he guilty of a
misdemeanor. Provided, upon the fil
itig of a certificate signed by a rep
utable physician or two reputable citi
zens that the consignee is unable, by
reason of sicknl ss or infirmities of
age, to appear in person, then the
said company is authorized to de
liver any package to the agent of
said consignee and the agent shall
sign the name of thie consignee and
his own name, and the certificate
shall be filed of record.
Sec. fi. That in indictments for
violating section one of this act it
shall not be necessary to allege a
sate t.o a particular person, and-the
violation of the law may he proven
by circumstantial evidence.
None Excus'd from Testifying.
Sec. 7 That no person shall he
excused from testifying on any pros
ecution for violating this act cr any j
law against the sale or manufacture
of intoxicating liquors, but no dis- j
covory made by such person Shall be
used against him In any penal or
criminal prosecution, and he shall he
altogether pardoned for the offence j
■ lone or participated in by him.
S c. 8. That all laws or parts of
laws in conflict with this act he and
the same are hereby to the extent‘of
such conflict repealed, Provided how
ever, that nothing in this act shall
operate to repeal an> of the local or
special acts of the general assembly
of North Carolina prohibiting the
manufacture or sale or other disposi
tion of any of the liquors mentioned
in this act, or any laws for the
enforcement of the same, but all such
acts shall continue in full force and
effect and in concurrence herewith,
and indictment or possession, may be
had either under this act or any
special or local act relating to the
same, Provided further, that this act
shall not he in any way repeal or
modify chapter 71 of the public laws
of North Carolina of the extra ses
sion of 1808.
Sec. 9. That this act shall not ap
ply to any act committed prior to Its
ratification.
Sec. 10. That this act shall be in
force from and after the first day of
April, 1913.
JOHN N. MOREHEAD.
Governor of Nebraska, Who Head
ed Relief Work After Cyclone.
An Iowa paper innocently recom
mends; “To keep ants away from
the refrigerator, tie woolen strings
around each leg, saturated with tur
pentine."
DR. F. F. FRIEDMANN.
Berlin Specialist, Who Is Dem
onstrating Tuberculosis Cure.
e
(£ 1913, by American Press Association.
After January, 1914, neither wine,
beer, nor spirits may be purchased
in the restaurant of the Swedish par
liament, according to a bill passed by
both houses.
Bad air kills more people every
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NO ALUM.N0 LIME PHOSPHATE
SALK OF MORTGAGE LAND.
Under and by virtue of a certain
deed of trust executed by John W.
Exum to Zeb Snipes, on Feburary 24
1913, and recorded in Book I No. 12,
page 584, in the Registry of Johnston
County, North Carolina, the conditions
contained in said deed having been
broken, the undersigned trustee, will
on Friday the 9th day of May, 1913,
at 12 o’clock, noon, sell in front of
the Court. House door, in Smithfield,
North Carolina, to the highest bid
der for cash, all the land conveyed
therein, described as follows: Situate
in Beulah township, adjoining the
lands of R. B. Boswell, Jasper
Weaver, and others; beginning at a
stake in R. B. Boswell's field, and
runs thence south to Jasper Weavers
corner, thence continuing south with
said Jasper Weaver’s line to a stake
in Alvin Raines line, to the John
Balance line, thence up the run of
Buffaloe Swamp as said swamp mean
ders to a lightwood stake, thence W
with R. B. Boswell's line to the be
ginning, containing forty acres, more
or less.
Place of Sale: Smithfield, N. C.
Terms of Sale: Cash.
This March 8th, 1913.
ZEB SNIPES, Trustee.
POu and Allred, Attorneys.
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| Smithfield, N. C. |j
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Premium Dept.
ST. LOUI3. MO.
J
This is to inform our friends and customers
that we have moved into our New Store, which
is one of the largest and most commodious build
ings in the County, and we carry one of the larg
est and best selected stock of goods carried by
any merchant in the County. We carry what
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SELMA, - - - North Carolina
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For Sale by
• S. B. JOHNSON. SMITHFIELD, N. C.
SALE OF VALUABLE LAND.
By virtue of the authority con
tained in a certain judgment of the
superior court of Johnston County, N.
C. rendered in an action wherein D.
V. Sanders et als. are plaintiffs and
Miley Smith et als, are defendants,
appointing me commissioner and
licening me thereunto I shall, on
Monday the 14th day of April, 1913,
at 12 o’clock, M. at the court house
door in the town of Smithfield, in
said county, sell to the highest bid
der the following described real
estate: viz:
A tract of land situate in Smith
field township, Johnston County, N.
C., adjoining the lands of W. B. John
son, Mrs. Dora Parker, and others.
Beginning on a stake, the Lightfoot
Sanders’ Corner in John A. Ford’s
line, and runs South 185 poles to a
stake, Graham’s line; thence West
33 1-3 poles to a stake; thence N
185 poles to a stake; thence East
33 1-3 poles to the beginning, con
taining 38 2-3 acres more or less and
being the Jackson Sanders, Deceased,
lands.
Terms of sale are, one third cash
and the balance on January the 1st,
1914, title reserved until all the pur
chase price is paid.
This March he 12, 1913.
'JAMES D. PARKER, Commissioner.
NOTICE.
The undersigned having qualified
as administrator on the estate of
Jno. D. Richardson deceased, hereby
notifies all persons having claims
against said estate to present the
same to me duly verified on or be
fore the 4th day of April 1914 or this
notice will be pleaded in bar of
their recovery; and all persons in
debted to said estate will make im
mediate payment.
This 29 day of March, 1913.
W. B. RICHARDSON. Admr.
NOTICE.
North Carolina, Johnston County,
In the Superior Court.
Annie Holland
vs
Charles Holland.
The defendant above named will
take notice that an action has been
i commenced, entitled as above in the
Superior Court of Johnston County,
I to declare the marriage between the
I plaintiff and defendant void; and
; that said defendant will further take
notice that he is required to appear
. at the term of Superior court „of said
(county to be held on the 2nd Mon
day in May, at the court house of
| said county in Smithfield, N. C., and
| answer or demur to the complaint in
said action, or the plaintiff will ap
' ply to the court for the relief de
: manded in the summons.
This the 1 day of April, 1913.
W. S. STEVENS,
Clerk of Superior Court.
R. L. Ray, Attorney.
MORTGAGE SALE OF REAL
ESTATE.
North Carolina, Johnston County.
Under and by virtue of the powers
contained in the mortgage deed ex
ecuted to the undersigned the 4th
day of January, 1911, by H. D. Ell
ington and wife Ethel J. Ellington
and recorded in the Registry of
Johnston County in Book V. No. 10,
Page 247, the undersigned will, on
the 26th day of April 1913, at 12
o’clock M., at the Court House in
the town of Smithfield, N. C., ex
pose to sale, at public auction, to the
highest bidder for cash, the follow
ing real estate, to-wit:
A certain piece or tract of land
lying and being in Johnston County,
State of North Carolina, in Cleveland
township, and described as follows:
Beginning at a large White Oak, I.
H. Johnson’s corner and runs S. 87
E. 15-20 chains to a Pine (dead);
thence S. 3y2 W. 14-50 chains to a
'■ stake, a comer of lot No. 3 in one
^Janies T. Wood division; thence N.
| 87 W. 18-80 chains to a stake in line
of lot No. 2 in said division; thence
N. 3 E. 10-40 chains to a stake in
A. Gower’s line; thence 43 E to the
beginning, containing twenty-six
acres more or less.
j Also a certain house and lot in
| the town of Smithfield, North Caro
lina, described as follows:
One lot 15 ft. wide on front and
105ft. deep, adjoining the land of W.
H. Peacock heirs and Dr. Robinson’s
heirs and known as the “Red
Stables”.
This 26 day of March, 1913
MRS. P- E. YOUNGBLOOD.
Mortgagee.
Frederick H. Brooks, Attorney.
AS RECEIVER OF THE SMITH -
field Journal Publishing Company I
have only a limited time in which
to settle the business of this con
cern, and I would thank all who
owe it money to call at my office
at Four Oaks and settle their ac
count. A. B. ADAMS, Receiver.
The Herald and Home and Farm
both one year, $1.30.
A