State v. Parrish, 147
| Decision Date | 22 March 1961 |
| Docket Number | No. 147,147 |
| Citation | 118 S.E.2d 786,254 N.C. 301 |
| Parties | STATE, v. C. V. PARRISH. |
| Court | North Carolina Supreme Court |
T. W. Bruton, Atty. Gen., and G. A. Jones, Jr., Asst. Atty. Gen., for the State.
W. G. Smith, Wilmington, for Petitioner Mohn.
Chapter 673, Session Laws of 1945, provides for the regulation of the business of professional bondsman in New Hanover County. It defines a professional bondsman as 'any individual, group of individuals, or corporation, who shall, for pay or profit, execute any bond for the release of any person or property from custody of law, or for the guarantee of any penalty contained in any bond, or recognizance.' Among other regulations, is requires that a license be procured before engaging in this business, and establishes a schedule of maximum fees. It declares that the violation of any provisions of the Act shall constitute a misdemeanor. There are two provisions for suspension or revocation of license: (1) '* * * upon conviction the court shall suspend or revoke the license of such professional bondsman for * * * two years'; and (2) 'The Governing Board of the City of Wilmington or the board of county commissioners shall have the power to inquire into the violation of any of the provisions of this Act and to revoke the license of any professional bondsman upon satisfactory proof of such violation, after said bondsman has been given an opportunity to be heard in his defense.'
The petitioner has not been indicted, arrested, tried or convicted for the violation of any of the provisions of the Act in any criminal court. Furthermore, his conduct as a professional bondsman has not, so far as the record discloses, been the subject of inquiry by the official board of either the county or city, and he has had no hearing before these boards. It is not permissible that he be tried by proxy. The court was without authority to suspend or revoke his license.
A license to engage in business or practice a profession is a property right that cannot be taken away without due process of law. The granting of such license is a right conferred by administrative act, but the deprivation of the right is a judicial act requiring due process. Boyce v. City of Gastonia, 227 N.C. 139, 41 S.E.2d 355; In re Carter, 1951, 89 U.S.App.D.C. 310, 195 F.2d 15, certiorari denied 342 U.S. 862, 72 S.Ct. 89, 96 L.Ed. 648; In re Carter, 1949, 85 U.S.App.D.C. 229, 177 F.2d 75, certiorari denied Laws v. Carter, 338 U.S. 900, 70 S.Ct. 250, 94 L.Ed. 554; Laisne v. California State Board of Optometry, Cal. 1940, 101 P.2d 787; In re Greene, D.C. Mun.App.1957, 130 A.2d 593.
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