The western sentinel. [volume] (Winston-Salem, N.C.) 1887-1926, 1898-02-03
CHAPTER 22f.
An Act to Suppress and Prevent Ger
tain Kinds of Vicious Contracts

tain Kinds of Vicious Contracts
| The g neral Assembly of North |
| Carolina do enact:
81 CTIoN l That every contract,
whether iii writing or not. whereby
any person or persons. corporation
| or corporations shall agree to sell
and deliver any cotton, Indian corn,
wheat, rye, oats, tobacco, meal, lard
bacon. salt, pork, salt fish, beet
cattle, sugar, coffee, stocks, bon@s,
and chos' ia action, at IL place or
places ana at a time or times sDeci
fed and agreed upon therein, to any
other person or persons, corpora
tionS, whether the person to whom
such article IL 50 agreed to he sold
and delivered shall be a party t.
such contract or not, when, in facr.
aud Notwithstanding the ter - *.
pressed of such contract, it ia no
intended by the parties thereto that
he articles or things 40 agreed to he
sold and delivered shall be actually
delivered, or he value thereof paid.
but it is intended ana understood hy
them that money or other thing OF
value shall be paid to the one party
10y the other, or to a third party, the
party to Mhom such payment Of
Inoney OF other thing of value shall
he made 70 depend, and the amount
of such money or other thing of
value so to be paid to depend upon
whether the market price or value OF
the article 80 agreed To be- sold and
delivered IL greater or less ut tn.
time and place so specified than the
price stipulated TO lac paid and re-
ceiyed Tor the articles 70 to b.. sold
and delivered; and every contrac-
commonly called cultures ~ ia tie
several articles end things her.iat.e.
fore specified, OF any of them, l.,
whatever Other mann called, an
evsry contract an tO the snid yer Il
articles and I'll -, or any of them,
whereby tite IiHrf!t- hereto cOntpIn-
plate and InttId ',', r.. Al transaction
rs to the article or tblH9 agreed to
toe delivered, but only tie rlvment
OF sum OF money or other thlug OF
value, such payment and the amount
there o. and the person to whom he
me is to be paid to depend on
whether or not the market price or
value is greater or less than the price
SO agreed to be paid for the said
article or thing at the time and
place specified in such contract, shall
be utterly null and void and OF no
effect in law or equity; and no action
shall be maintained IN any court in
Ills State to enforce any such con
tract, whether the same was made in
or out OF the > ate, or partly IN and
partly out OF this State, and Whet her
made by the parties thereto by them
selves or by o. through their agents,
immediately or mediarely; nor shall
any party to any such contract, or
any agent or agents OF any such
party, directly or remotely connected
with any such contract In any way
Whatever, have or maintain any
action or cause OF action on account
of any money or other thing of value
paid or advanced or hypothecated
by him or them iu connection with or
on account Of surh contract and
agency.
SIC : That when the defendant
or defendants in any action pending
in any court in this State shall al!ege
specifically in his or their answer
that the cause of action alleged in
the complaint is in fact founded upon
Il contract such az Is by this act
made void, and such answer shall be
verified, then, and in that case, the
burden shall be upon the plaintiff in
such action to prove by the proper
evidence, other than any written
evidence thereof, that the contract
sued upon Is a lawful one in its
nature and purposes; that the de
fendant may likewise produce evil
dence TO prove the contrary: Pro
vided, nevertheless, THAT any allpga-
ton or statement Dt fact mad in any
pleading in any such action, or the
evidence produced on tie trial il any
such action, shall net toe evidence
against the party Inaktng or produc
ing the same in any c. iminal action
against 4uch party.
SEC 3 That every person who
shall Income Il party TO any al h
contract az r. btg This at made void,
and every ~ rson who shall b the
, agent, directly or indirectly, Of any
such party IN making or iurthering
or effrctuatiug the same; and every
agent or Ctticer OF any corporation
who shall, III any way or manner,
knowingly. aid III making or further
ing any sncn contract to which such
corporation shall be party, shall
be deemed guilty Of a misdemeanor,
ard on conviction iu the superior
| court shall be fined not l-ss than one
hundred dollars nor more lhan five
, hundred dollars, and may be I'm
prieoned ia the discretion OF the
, | court,
SEC 4. That every person who
shall, while in this State, consent to
become party to any such cOntrs G.
made III another State, and every
person who shall, as NC mt of any
person or corporation who stad be
) come party to any such contract
made in another State, in this STATE
do any set, or in any way aid ia thiss
| State in the making or furJhering
such contract so made in another
State, shnll tie deemed aulCy of u
misdemeanor, and ON conviction in
tire superior court shall be fined rot
Iees than fifty nor more than two
hundred dollars, and may be i'm
prisoned in the discretion OF the
conrt.
SEC ). This act shall be in force
from and after its ratification.
Ratified the 25th day OF February,
A ID 1889.