The progressive farmer. [volume] (Winston, N.C.) 1886-1904, 1899-03-21

44GO, OOS~GAO "
to any pool, agreement, contract, com
bination or confederation to fix or limit
the amount or quantity of any article,
commodity Or merchandise to be man
ufactured, mined, produced or sold in
this State shall be deemed and adjudged
guilty of a conspiracy to defraud, and
be subject to penalties as provided in
this act.
Sec 2. It shall not be lawful for any
corporation to iseue or to own trust
certificates or for any corporation,
agent, officer or employ ee or the direc
tors or stockholders of any corporation
to enter into any combination, contract
or agreement with any person or per
sons, corporation or corporations or
with any stockholder or director there
of, the purpose and effect of which
combination, contract or agreement
shall be to place the management or
contract of such a combination or the
manufactured product thereof in the
hands of any trustee or trustees with
the intent to limit or fix the price or
lessen the production and sale OF any
article of commerce, use or cOnsump
ton or 30 prevent, restrict Dr. diminish
the manufacture or output of any such
article, provided that nothing herein
contained shall effect the present In
vestments of charitable or educational
institutions.
Sec. 8. Any corporation or company,
individual, firm or association viola
ting any of the provisions of this act
shall forfeit 800 for each day it shall
continue to do go. to be recovered by
an action in the name of the State at
the relation of the Solicitor; moneys
thus recovered to go into the revenue
of che county in which the cause &C.
rues.
Sec. 4 Any contract or agreement
in violation of any provision of the
preceding sections Of this act ehall be
absolutely void.
Sec. 5. Any corporation created or
organiz2d by or under the laws of this
State, which ehall violate any provis-
ion of the preceding sections Of 1ilis
act shall thereby forfeit it's corporate
rights and franchises, and it's corporate
existence shall upon proper proof there
OF being made in any court CT compe
tent Jurisdiction in this State be by
the court declared forfeited, void and
of non effect, and it shall be the duty
of the clerk of said court to certify the
decree thereof to the Secretary of State,
who shall take notice and be governed
thereby as to the corporate papers OF
said corporation.
Sec. 6. This act shall not apply to
agricultural products while in the
hands of the producer, o to the lum
Der interests of the State; neither shall
it prevent cotton or wooden mills from
regulating the amount of their output
or selling the same through an agent.
Sec. z In any Indictment or infor
nation for any offsnse named in this
act it shall be sufficient to state the
purpose and effects of the trust OF com
bination, and that the accused was a
member of, acted with, or in pursu
ance of it, without giving it's name n
description or how or where it was
created.
Sec. s. In proceeding under this act
it shall be sufi cient to prove that a
trust or combination, as herein deter
mined, exists, and that the defendant
belonged to it or acted for or had con
nection with it, without proving all
members belonging to it OF producing
or proving any articles of agreement
or any written instrument on which it
may have been based or that it was
by any written instrument
at all, and a preponderance of evidence
shall be sufficient to authorize a verdict
and judgment for the State.
Sec 9 In all suits instituted under
this act to forfeit charters or corpora
tions where a judgment of forfeiture is
obtained and the cause is not appealed
to the Supreme Court, the Superior
Court shall allow the Solicitor or prose-
attorney prosecuting the suit a
fee of not less than 800 nor more than
$500, to be paid out Of the assets of
said corporation, provided that in case
such cause is appealed to the Supreme
Court and the judgment of forfeiture
affirmed the Attorney General shall be
entitled to one half of the fee 80 allowed
by the Su perior Court for his services
in prosecuting said cas- in the appel.
late court.
Sec. 10. That this act shall not apply
to any wholesale or retail merchant or