Appeal from Ferguson, J., from CraveN.

The defendant was indicted under sec. 3572 of the Bevisal of 1905, which reads as follows: “If any person appointed or elected a commissioner or director to discharge any trust wherein the State or any county, city or town may be in any manner interested shall become an undertaker, or make any contract for his own benefit, under such authority, or be in any manner concerned or interested in making such contract, or in the profits thereof, either privately or openly, singly or jointly with another, he shall be guilty of a misdemeanor.” The jury returned a special verdict as follows:

Special Verdict.

“1. That Bowe & Page, a copartnership of Charleston, S. 0.. on about 29 January, 1909, by competitive bidding were awarded a contract for laying brick pavement on the streets of the city of New Bern, to an amount of about $50,000.

“2. That on about 1 March, 1909, said Bowe & Page, through their agent, one Finch, employed the defendant, J. H. Weddell, as time-keeper and office man in the performance of the said contract.

“3. That at the regular election, the Tuesday after the first Monday in May, 1909, being 4 May, the defendant, J. H. Weddell, was elected an alderman of the city of New Bern, from the second ward; that pursuant to the charter, on Friday, 1 May, 1909, the said vote was canvassed and the said J. H. Weddell was declared elected and entered upon the discharge of his duties as an alderman of the city of New Bern, and has been a member of the board up to the present time.

“4. That during the month of May, 1909 (Alsop & Pierce, contractors to lay sidewalks in the city of New Bern, having refused to complete the same), by order of the board of aider-men, advertisement was made for sealed bids for the making of one thousand (1,000) square yard, more or less, of concrete sidewalk, which consisted of a few short pavements on the sidewalks, and the balance consisting of short ends leading from the corners of the regular sidewalks to the curbing at corners of the various streets.

“5. That pursuant to the said advertisement, at the meeting of the board of aldermen in June, 1909, bids were offered by three parties, being sealed and delivered to the clerk of the board, and not being opened until tbe board was in session, and tbat wben opened the bid of Bowe & Page was at the rate of one dollar ($1.00) per square yard, and the next lowest bid was ($1.12%) one dollar and twelve and a half cents per square yard.

“6. That during said meeting the defendant, J. LI. Weddell, as alderman, made a motion that the lowest bid be accepted, the said Bowe & Page being the lowest bidders, and said motion was adopted by the board.

“7. That pursuant to the said contract, Bowe & Page proceeded to do the work as advertised and were paid therefor by the city.

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