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the sale by saloons, if such question is to be voted upon; and one box to determine the sale by dispensaries if such question is to be voted upon. Any person entitled to vote for members of the general assembly shall have the right to vote at such elections in all the boxes provided, and every such voter who is in favor of the manufacture of intoxicating liquors shall vote a ticket on which shall be written or printed the words "For Distilleries," and all opposed to the manufacture of intoxicating liquors shall vote a ticket on which shall be written or printed the words "Against Distilleries"; and every such voter who is in favor of barrooms or saloons shall vote a ticket on which shall be written or printed the words "For Saloons," and all opposed to them shall vote a ticket on which shall be written or printed the words "Against Saloons;" and every such voter who is in favor of dispensaries shall vote a ticket on which shall be written or printed the words "For Dispensaries," and all opposed to them shall vote a ticket on which shall be written or printed the words "Against Dispensaries." Such tickets shall be of white paper and without device.

1903, c. 233, s. 9.

2072. Distilleries, when allowed. If a majority of the votes cast in any such election shall be "Against Distilleries," when that question is voted upon, then it shall be unlawful for any person to manufacture any intoxicating liquors in such city or town until another election shall be held reversing such election. But if a majority of the votes cast in any such election in any city or town shall be "For Distilleries," then it shall be lawful to manufacture and sell at wholesale intoxicating liquors in such city or town. This section shall not be construed to authorize the manufacture of intoxicating liquors in any town except upon a full compliance with the conditions and requirements which may now or hereafter be imposed by law.

1903, c. 233, s. 10.

2073. Saloons, when licensed. If a majority of the votes in any such election in any city or town shall be "Against Saloons," then it shall be unlawful for the county commissioners of any such county, or the governing body of any such town, to grant license to any person for the sale of spirituous, vinous, malt or other intoxicating liquors whatever in such city or town until another election shall be held reversing such election: Provided, that liquor dealers in such cities or towns holding license at the time of the election shall be allowed six months after such election in which to close out their stock on hand at the time of such election, if their license so long remain in force. But if a majority of any such votes cast in any such election shall be "For Saloons," then the board

of county commissioners of such county, and the governing body of such city or town, shall grant license to sell intoxicating liquors in such city or town to all proper persons applying for the same according to law. And such license shall be granted until another election shall be held reversing such election: Provided further, that this section shall not be construed to authorize any person to sell, either by retail or wholesale, intoxicating liquors in such city or town, except upon a full compliance with the conditions and requirements which may now or hereafter be imposed by law.

1903, c. 233, s. 11.

IV. DISPENSARIES,

2074. When established. If a majority of the votes cast at any such election shall be "Against Dispensaries," then it shall be unlawful to establish any dispensary in such city or town until another election shall be held reversing such election. But if a majority of the votes cast at any such election be "For Dispensaries," then the board of commissioners of such city or town shall establish a dispensary therein.

1903, c. 233, s. 12.

2075. Commissioners appointed. Whenever it shall become lawful under the provisions of this chapter to establish a dispensary in any city or town, the governing body of such city or town shall appoint three commissioners from the voters of such city or town, who, in the election, voted for dispensaries, whose,duty it shall be to conduct such dispensaries under such rules and regulations, and with such officers and employees, as may be prescribed and allowed by the governing body of such city or town, who shall fix the compensation of said commissioners and their officers and employees. 1903, c. 233, s. 13.

2076. Terms of office fixed; removal; bonds. The governing body of any city or town in which a dispensary shall be established under the provisions of this chapter, shall have power to fix the terms of office of the dispensary commissioners, and determine the amount of bonds required from the commissioners and officers, and shall have the power to remove any or all commissioners and any officers or employees appointed by such commissioners, for good cause shown.

1903, c. 233, s. 18.

2077. Sales in, how made. No liquor of any kind shall be sold in any dispensary on Sunday or election days, and no dispensary shall ever be open or liquor sold therein before sunrise or after sun

set on any day. The prices at which liquor shall be sold shall be fixed by the dispensary commissioners. All sales shall be for cash. and at a profit not to exceed eighty per centum of the cost thereof. No liquor shall be sold in any dispensary except in unbroken packages or bottles, which shall contain not less than one-half pint and not more than one quart. The manager of a dispensary shall prohibit loafing, loitering or drinking on the premises. It shall be the duty of the manager, when ordered by the board of dispensary commissioners, to keep a register, on which shall be kept a record of the names of persons to whom any liquors are sold, the quantity sold, price paid, and date of sale. Such register shall be open only to the inspection of the dispensary commissioners and its employees, and the contents thereof shall not be published. No intoxicating liquors shall be sold to any minors, and the dispensary commissioners shall make such rules and regulations not inconsistent with this chapter as may be proper for the management of the dispensary. 1903, c. 233, s. 14; 1905, c. 458.

2077a. Unlawful to sell except in dispensary. In any town in which a dispensary is established under the provisions of this chapter, it shall be unlawful for any person to sell or otherwise dispose of for gain any intoxicating liquors other than in the manner provided for sales in the dispensary as aforesaid.

1903, c. 233, s. 15.

2078. Proceeds disposed of. The dispensary commissioners shall make quarterly settlements with the governing body of the city or town in which any dispensary may be situated, and such governing body shall, within ten days after such settlement, pay onehalf of the net profits of such dispensary into the treasury of such city or town, and the other half into the treasury of the county in which such city or town is located, for the benefit of the public. schools of said county.

1903, c. 233, s. 16.

V. SPECIAL ACTS.

2079. Not repealed. Nothing in this chapter shall be construed to repeal, alter or amend any special act prohibiting or regulating the sale of liquors in any locality, township, county or incorporated city or town, or the manufacture of liquors in any incorporated city or town having not less than one thousand population.

1903, c. 233, s. 19; 1905, c. 339, s. 3.

NOTE. For crimes arising from violations of this chapter, see Crimes, subchapter Liquors.

2080. Place of delivery, place of sale. The place where delivery of any spirituous, malt, vinous, fermented or other intoxicating liquors is made in the state of North Carolina shall be construed and held to be the place of sale thereof; and any station or other place within said state to which any person shall ship or convey any spirituous, malt, vinous, fermented or other intoxicating liquors for the purpose of delivering or carrying the same to a purchaser shall be construed to be the place of sale: Provided, that this section shall not be construed to prevent the delivery of any spirituous, malt, vinous, fermented or other intoxicating liquors to druggists in sufficient quantities for medical purposes only: Provided further, that this section shall not be construed to prevent the shipment of such intoxicating liquors to duly licensed dealers in the same in any town or city where the sale of such liquors is not prohibited by law. All liquors or mixtures thereof, by whatever name called, that will produce intoxication shall be construed and held to be intoxicating liquors within the meaning of this section: Provided, that this section shall apply to the following counties and townships in North Carolina, and none other, viz.: The counties of Alleghany, Ashe, Burke, Bertie, Bladen, Brunswick, Buncombe, Cabarrus, Caldwell, Carteret, Catawba, Cherokee, Cleveland, Craven, Cumberland, Duplin, Durham, Forsyth, Franklin, Gaston, Gates, Graham, Guilford, Harnett, Haywood, Hyde, Iredell, Johnston, Lincoln, Macon, Mecklenburg, Mitchell, Montgomery, Moore, Northampton, Orange, Perquimans, Randolph, Robeson, Rutherford, Scotland, Union, Vance, Wake, Warren, Watauga and Yancey; and in Goldsboro township, Wayne county; Nashville and Manning townships in Nash county; Lake Waccamaw, Pine Bluff, Whiteville and Chadbourn townships in Columbus county, and Kinston township in Lenoir county.

1905, cc. 361, 432, 440, 821.

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2081. What constitutes. The consent of a male and female person who may lawfully marry, presently to take each other as husband and wife, freely, seriously and plainly expressed by each in the presence of the other, and in the presence of an ordained minister of any religious denomination or of a justice of the peace and the consequent declaration by such minister or officer that such persons are man and wife, shall be a valid and sufficient marriage: Provided, that the right of marriage among the Society of Friends, according to a form and custom peculiar to themselves shall not be interfered with by the provisions of this or any other section of this chapter.

Code, s. 1812; 1871-2, c. 193, s. 3.

II.

CONTRACTING PARTIES.

2082. Who may marry. All unmarried male persons of sixteen years, or upwards, of age, and all unmarried females of fourteen years, or upwards, of age, may lawfully marry, except as hereinafter forbidden.

Code, s. 1809; R. C., c. 68, s. 14; 1871-2, c. 193.

2083. Who may not marry. All marriages between a white person and a negro or indian, or between a white person and person of negro or indian descent to the third generation, inclusive, or between a Croatan Indian and a negro, or between a Croatan Indian and a person of negro descent to the third generation, inclusive, or between any two persons nearer of kin than first cousins, or between a male person under sixteen years of age and any female, or between a female person under fourteen years of age and any male, or between persons either of whom has a husband or wife living at the time of such marriage, or between persons either of whom is at the time physically impotent, or is incapable of contracting from want of

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