scribed therein, or shall do any other act calculated to impair the security therein given, then the person to whom the lien was executed shall be relieved from any further obligation to furnish supplies, and the debts and advances theretofore made shall become due and collectible at once, and the person to whom the instrument was executed may proceed to take possession of, cultivate and harvest said crops, and to sell the other property described therein. It shall not be necessary to incorporate such power in the instrument, but this section shall be sufficient authority for the same: Provided, that the sale of any property described in any instrument executed under the provisions of this chapter may be made at any place in the county where such property is situated after ten days' notice published at the courthouse door and three other public places in said county.

1899, c. 17, s. 3; 1901, c. 329, s. 3.

2057. Commissioners to furnish blank records. The board of commissioners of the said counties shall have record books made with the aforesaid forms printed therein, and the cost of said books and of the printing of said forms, and of such other said books as may be hereafter required, shall be paid by the respective counties, and furnished to the register of deeds.

1899, c. 17, s. 4; 1901, c. 329, s. 4.

NOTE. For fees for probating and registering lien bonds, see ss. 2773, 2776. For laborer's lien on corporate assets, see Corporations, s. 1206.

For power to take crops, see ss. 790, 2054.

For landlord's lien, see Landlord and Tenant, s. 1993.

For lien of docketed judgment, see s. 574.

For lien of docketed judgments of justices of the peace, see s. 1479.

For lien upon land for improvements made, see s. 658.

Debts which are liens on decedent's property paid by administrator, see s. 87.

2058. Place. No person shall manufacture or rectify for gain any spirituous, vinous or malt liquors or intoxicating bitters within the state of North Carolina except in incorporated cities and towns. having not less than one thousand population, wherein the manufacture of liquor is not or may not hereafter be prohibited by law or regulated by special statute.

1905, c. 339, s. 1.

2059. Government and police force; duties. Every incorporated city or town in which spirituous, vinous or malt liquors or intoxicating bitters are permitted to be sold or manufactured under the provisions of this chapter shall maintain a town or city government as provided in its charter of incorporation and a police force of not less than two policemen; and it shall be the duty of some member of said police force to visit every place where liquor is sold or manufactured in such city or town at least once every week and make a careful and thorough inspection and examination thereof, with a view of ascertaining whether the laws regulating the manufacture and sale of liquor are observed and obeyed and whether the said business is conducted in an orderly and lawful manner, and to make. a written report setting forth the result of said visitation to the mayor and board of aldermen or other governing authorities of such city or town, which report or several reports the said mayor shall deliver to the solicitor of the district on or before the assembling of the ensuing term of the superior court of the county in which such town or city is situated; and in case such town or city shall fail to maintain a city government or provide the police force, investigations and report herein prescribed, the board of commissioners of the county in which the same is situated may revoke and cancel the license and permission authorizing the sale and manufacture of liquor in such town or city.

1905, c. 339, s. 4.

2060. License from United States as evidence. The possession of or issuance to any person of a license to manufacture, rectify or sell, at wholesale or retail, spirituous or malt liquors by the United States government or any officer thereof in any county, city or town where the manufacture, sale or rectification of spirituous or malt liquors is forbidden by the laws of this state shall be prima facie evidence that the person having such license, or to whom the same was issued, is guilty of doing the act permitted by the said license in violation of the laws of this state.

1905, c. 339, s. 5.

2061. Wine or cider from fruits. The manufacture of wine or cider from grapes, berries, or other fruits raised on the lands of the manufacturer, or purchased by him from the growers thereof, or of brandy manufactured from fruits and sold in original packages of not less than five gallons, shall not be restricted to incorporated towns and cities, but the same may be manufactured in any place where such manufacture is not otherwise forbidden by law. 1903, c. 233, s. 1.

II. LICENSE.

2062. Necessary. No person shall sell or otherwise dispose of for gain any spirituous, vinous or malt liquors, or intoxicating bitters without first obtaining, as provided by law, a license so to do. Nothing in this section shall prevent any person from selling brandy manufactured by the seller from fruit or grapes and sold in original packages of not less than five gallons; nor shall prevent any person from selling wines of his own manufacture at the place of manufacture, or within one hundred yards thereof, in quantities of not less than one gallon; but such manufacturer may sell wine to churches for communion services in any quantity.

1903, c. 233, ss. 2, 6; 247, s. 60.

2063. Issued to druggists outside of towns. All druggists may sell spirituous, vinous and malt liquors for use by a sick person upon the written prescription of a legally qualified physician having such person under his charge, and not otherwise. No druggist shall duplicate the prescription of a physician for intoxicating liquors. All druggists selling liquors by prescription shall keep a record thereof showing the true date of sale, the name of the person for whom sold, the name of the person to whom delivered, and the quantity sold, which record shall at all times be open to the inspection of any person desiring to see it. Nothing in this section shall be construed so as to relieve druggists from complying with the law as to license and

taxes.

1903, c. 233, ss. 1, 5.

2064. Application for. Every person desiring to sell liquors shall make application to the board of county commissioners for an order to the sheriff to issue license. The application shall be in writing and shall show that the applicant is a bona fide citizen of the United States and a legal voter of North Carolina; that he has never been convicted nor confessed his guilt in a court of competent jurisdiction, of any violation of the laws of any state regulating the sale of liquors; and the place where the business is to be carried on, which in all cases (druggists excepted) must be within an incorporated town or city, and more than two hundred feet in a direct line from any church edifice or the premises pertaining thereto. The application must have been approved before filing by the board of commissioners, aldermen or governing body by whatever name called, of the city or town in which it is proposed to carry on the business, and must be accompanied by the affidavit of six freeholders who are tax payers and residents of the township in which the applicant proposes to do business, all of whom shall declare upon oath that the applicant is a proper person to sell spirituous, vinous or malt liquors; that the building specified is a suitable place for the business to be carried on, and that he has not recommended any other person for liquor license in the same township.

1903, c. 247, s. 66.

2065. Hearing, and order for. At the hearing of the application by the board of county commissioners any person who may consider himself aggrieved by the granting of the license applied for may contest the same and may produce evidence in contradiction of any of the allegations of the application or show any other reason why the license should not be granted. If satisfied of the truth of the allegations of the application and affidavit, the board of county commissioners may grant an order to the sheriff to issue such license, except in territory where the sale of liquor is prohibited by law.

1903, c. 247, s. 66.

2066. Form and issuing. The license shall be printed in such form as the treasurer of the state may prescribe and furnished by the register of deeds, and shall be issued by the sheriff upon order of the board of county commissioners after the payment of the taxes required by law. Any person, taking out license as provided in this chapter on any date after the first day of July or January, shall pay the whole amount of tax for the six months ending the thirty-first day of December, or the thirtieth day of June, as the case may be, after the date of license.

1903, c. 247, s. 66.

2067. Posted in place of business. All persons taking out license to sell spirituous, vinous or malt liquors, or any mixture thereof, shall post up in some public place in their place of business the license issued to them. Any person failing to post up the license as provided in this section shall be considered as doing business without license.

1903, c. 247, s. 66.

2068. Revoked. The board of county commissioners, upon complaint made by any resident of the county that any person holding a license under this chapter has violated the laws of this state regulating the sale of liquors, shall forthwith summon such person to appear before them at a time given, within thirty days, to show cause why such license and the order to issue same should not be revoked, and upon satisfactory evidence of his guilt, shall revoke any license heretofore granted by them.

1903, c. 247, s. 66.

III. LOCAL OPTION ELECTIONS.

2069. When ordered, what submitted. It shall be the duty of the governing body of any city or town, upon the petition of onethird of the registered voters therein, who were registered for the preceding municipal election, to order an election to be held, after thirty days' notice, in any year in which the petition may be filed, except within ninety days of any city, county or general election, in time for the notice to be given as above required, to determine(1) Whether intoxicating liquors shall be manufactured in such city or town; (2) whether barrooms or saloons shall be established in such city or town; (3) whether dispensaries shall be established in such city or town. And any such election may be ordered to determine any one or two or all of such questions, as the petitioners may designate in their petition. No such election shall be held oftener than once in two years.

1903, c. 233, s. 7.

2070. How conducted. Whenever such election shall be held, it shall be conducted and held under the provisions of law regulating municipal elections.

1903, c. 233, s. 8.

2071. Boxes provided, what tickets voted. Whenever the governing body of any city or town shall order any such election, they shall provide one box to determine the question of manufacture of liquors, if such question is to be voted upon; one box to determine