(after stating the facts). We cannot distinguish this case from State v. Crenshaw, 94 N. C., 877, and State v. Cainan, Ibid., 883. In those cases, and that of Commissioners v. Harris, 7 Jones, 281, it was held that a town ordinance that left the fine or penalty to be imposed uncertain as to the amount of the same, was yoid for uncertainty. Here the fine to be imposed might be five dollars or any less sum. It was therefore uncertain, and the ordinance void.

There is no error. Let this opinion be certified to the Superior Court according to law. It is so ordered.

No error. Affirmed.