The Durham daily globe., 1893-02-25
of the provisions of this act shall consti
tute a separate offense.

of the provisions of this act shall consti
tute separate offense.
Sec. 4. Amy person, ,copartnership, cor
poration or association entering into any
such combination, agreement or con-
tract, made unlawful by this act, is hereby
declared to be engaged in conspiracy
against trade, and any such person, CO.
partnership, corporation or association
of any kind who engages within this
state, in any such combination, agree
ment or contract, or aids and abets therein
as an agent or otherwise, or any person,
combination, CO partnership, association
or corporation which, after engaging in
any such combination in persuance there
of, shall maintain and continue such COM
bination or conspiracy and shall agree as
such through agents or otherwise in vio-
lating the privileges of this act shall for
felt and pay for each days violation
thereof at any warehouse in this state the
sum of So 900, to be sued for in the name
of the state of North Carolina, on rela
ton of any person who still sues for the
same, and the aforesaid, when recovered,
shall belong one-half to the party suing
therefor and one half to the school fund
of the county wherein this action shall
be commenced.
Sec 5. In all actions commenced in a
county in this state, under the provis
isons of section Of this act if the de-
fendent be a foreign corporation or a
non resident of this state, or if any of
the persons, co partnerships, corpora
tions or associations made defendants
in such actions be non residents Of this
state, and it appear by affidavit to the
cleIk of the superior court where such
action is commenced that said non-resi.
dents are required in the combination
or conspiracy made unlawful by this
act and are sued for violating this act.
the plaintiffs shall be entitled to have
| issued from such court a warrant or war
rants of attachment against the property
of any or all Of the defendants, disclosed
to any sheriff in the state commanding
him to seize and hold the property of
any such defendant to be found in bis
county and the proceedings under such
warrant of attachment shall be the same
as now provided in chapter Of the code
Provided, that no such warrant of attach.
ment shall issue unless the plaintiff first
executes an undertaking as now required
by law in the sum of $500 with sufficient
security.
Sec. 6. In all criminal actions prosecuted
under this act and in all Investigations
before the grand jury, and in all actions
prosecuted to recover penalties under the
provisions of this act, it shall be prima
facie, sufficient to prove that combi-
the defendant belonged to it, or acted
for or in connection with it without
proving all the members belonging to it
or how many members constituted it, or
proving or producing any charter, arti-
Gle of agreement, or any written instru-
ment or other written matter on which
it may have been formed, or under which
it was organized or that it was eviden
ced by any written evidence at all. In
all criminal prosecutions under the pro-
visions of this act and in all civil actions
prosecuted to recover penalties as pre-
scribed and authorized herein, it shall
be competent for The state in criminal
prosecution and for the plaintiff in action
to recover a penalty TO prove that two
or more persons co partnerships, corpo.
rations or associations have one and the
same agent, factor, broker or agent buy
ing in public warehouse in their join,
name or for their common use, or fol
the separate use of both, or for the use
of the single use and benefits of one CO.
partnership, corporation or ass ociation
of whatever kind which is com posed OF
more than one manufacturing establish
ment, and such proof shall be presum-
tive evidence of an unlawful combination
to suppress bidding and reduce the price
of tobacco below its real value.
| Sec. z. 1t shall not be necessary in any