The opinion
Seawell, J.
In the view taken of this case by the Court here, it is unnecessary to compare and interpret the several public-local statutes cited and quoted.
"We do not think the question is an open one in this State. The Constitution of North Carolina, Article IX, section 5, provides as follows: “County school fund; proviso. All moneys, stocks, bonds, and other property belonging to a county school fund; also the net proceeds from the sale of estrays; also the clear proceeds of all penalties and forfeitures and of all fines collected in the several counties for any breach of the penal or military laws of the State; and all moneys which shall be paid by persons as an equivalent for exemption from military duty, shall belong to and remain in the several counties, and shall he faithfully appropriated for establishing and maintaining free public schools in the several counties of this State: Provided, that the amount collected in each county shall be annually reported to the Superintendent of Public Instruction.”
This section was passed upon by this Court in
S. v. Maultsby,
139 N. C., 583 , and the term “clear proceeds,” as there used, judicially defined: “By 'clear proceeds’ is meant the total sum less only the sheriff’s fees for collection, when the fine and costs are not collected in full.” This case must be considered as completely determinative of the matter, and the defendants will not be allowed to retain the commissions. The judgment, therefore, must be
Affirmed.