(after stating the case.) The general statute ‘{The Code, §1076) provides that “if any person shall retail spirituous liquors by the smaj.1 measure in any other manner ■than is prescribed by law, he shall be guilty of a misdemeanor, and shall be fined or imprisoned, or both, in the discretion of the Court.” The• statutes, commonly called “revenue laws ” (Acts 1885. ch. 175; Acts 1887, ch. 135), do not change or modify the general statutory provisions above recited; they regulate the sale of spirituous and other liquors, and prescribe that such liquors shall not be sold in certain specified quantities, until and unless the person who desires to -sell shall first have obtained a license in the way prescribed, authorizing him to sell the same; but they do not prescribe the criminal offence of selling such liquors without a license— that is done by the statutory provision first above recited. And, plainly, the Superior Court has jurisdiction of such offence, because the punishment is fine or imprisonment— one or both — in the discretion of the Court. A Justice of the Peace has jurisdiction of criminal offences only “ where the punishment prescribed by law shall not exceed a fine of fifty dollars or imprisonment for thirty days.” 1 he Code, §892.
Now the statute (Acts 1885, ch. 175, § 34), among other •things, provides that “ every person, company or firm for selling spirituous, vinous or malt liquors, or medicated bitters, shall pay a licens” tax quarterly, in advance, on the first day of January, April, July and October, as follows: Eirst, for selling in quantities less than a quart, twenty dollars,” &c.; and further, that “ every person, company or firm wishing to retail liquors in quantities less than five gallons, ■shall apply to the Board of County Commissioners for an •order to the Sheriff to issue a license, stating the place at *730which it is proposed to conduct the business,” &c. The defendant is indicted under the statute (The Code, § 1076) above-cited, for selling spirituous liquors without obtaining such license. His contention that the subsequent statute (Acts. 1887, ch. 135, § 45) repealed that just mentioned, is wholly unfounded; and more particularly, it does not in any way affect the general statute under which he is indicted. State v. Sutton, 100 N. C., 474. He is indicted under the latter statute for a violation of the revenue law.
There is no error. Affirmed.