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Full text of "Code of laws of South Carolina, 1912"

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CODE OF LAWS 



OF 



SOUTH CAROLINA 



1912 



IN TWO VOLUMES 



ANDREW J. BETHEA 
Code Commissioner of South Carolina, 191 1 -1921 



VOLUME I 



The Civil Code 



The MichiE Company, Law Publishers 

Chareottesvieee, Va. 

1912 



1912 
vJ 



C0P\T?IGHT, 1912 
BY 

State of South Carolixa. 



COLEMAN KARESH U\W LIBRARY 
Unlvsrsily of South Cafoiina ^ ^ 



TABLE OF CONTENTS. 



PART I. 

OF THE IXTERNAL ADMIX ISTRATION OF THE GOVERNMENT. 



TITLE I. 

Of the Jurisdiction of the State — General Assembly — Statutes — Public Reports and 
Documents — Public Property — Census. 

PAGE 

Chapter I. — Of the Jurisdiction of the State, and Places Ceded to the United 

States 1 

Chapter II. — Of the General Assembly. 

• Article 1. General Provisions . 29 

Article 2. Claims against the State , 32 

Article 3. Introduction of Measures for Private Purposes 33 

Article 4. Special Provisions as to Legislative Enactments 34 

Chapter III.— Of the Public Printing 35 

Chapter IV.— Of the Statutes 39 

Chapter V. — Of the Public Reports and Documents... 42 

Chapter VI. — Of the Public Property. 

Article 1. Charge of the Property of the State; the Sinking Fund Commission; 

Insurance of Public Property , " 46 

Article 2. Land Containing Phosphate Rock and Phosphatic Deposits; Phos- 
phate Commissioners ."* 61 

Article 3. Historical Commission 65 

Article 4:. Commission for State House and Grounds 68 

Article 0. Other Property of the State — Miscellaneous Provisions 69 

Chapter VII. — Of the Census 71 

TITLE II. 
Of Elections. 

Chapter VIII. — The Qualification and Registration of Electors 74 

Chapter IX. — Location and Names of Voting Precincts 84 

Chapter X. — The Manner of Conducting Elections and Returning Votes. 

Article 1. The General Election — Commissioners and Managers of Election... 92 
Article 2. Formation and Proceedings of the Board of County Canvassers.... 95 
Article 3. Formation and Proceedings of the Board of State Canvassers 97 

Chapter XL — The Election of Representatives in Congress and Electors of 
President and Vice-President. 

Article 1. Election of Representatives in Congress 100 

Article 2. Election of Electors of President and Vice-President, and Formation 

and Proceedings of the Electoral College 101 

Chapter XII. — The Election of County Officers 103 

Chapter XIII. — Primary Elections 104 

TITLE III. 
Of the Assessment and Collection of Taxes. 
Chapter XIV. — The Assessment of Taxes. 

Article ^ 1. Subjects and Lien of Taxes 107 



IV TABLE OF CONTENTS. 

PAce 

Article 2. Definition of Terms 109 

Article 3. Property Exempt from Taxation 110 

Article 4. General Rules as to the Retiirn and Assessment of Property Ill 

Article 5. Special Provisions as to Returns of Merchants, Manufacturers and 

Pawnbrokers, and Respecting Mines and Mining Claims 114 

Article 6. Special Rules as to Returns and Assessment of Railroad, Express, 
Telegraph and Insurance Companies, and Provisions as to Other 
Corporations 116 

Article 7. Special Rules as to the Assessment of Property Returnable for 
Taxation by Persons, Firms or Corporations Engaged in Textile 
Industries, and Canals Providing Power for Rent or Hire, and 
Cotton Seed Oil Companies and Fertilizer Companies.- 126 

Article 8. Special Rules as to Banks and Bank Stock and Unincorporated 

Bankers and Banking Associations 127 

Article 9. Tax on Incomes; Special Rules for 130 

Article 10. Certain Corporations to Make Annual Reports and Pay Annual Li- 
cense Fee 132 

Article 11. Proceedings on Default of Return and Penalties Therefor; Valuation 

of Property for Taxation 136 

Article 12. The County Auditor; Appointment, Tenure of Office and General 

Powers and Duties 138 

Article 13. Boards of Assessors and Boards of Equalization and Their Func- 
tions 147 

Chapter XV. — The Collection of Taxes. 

Article 1. The County Treasurer — Appointment, Tenure of Office, Compensa- 
tion, etc 156 

Article 2. Powers and Duties of County Treasurer and General Provisions 

Concerning the Gollection of Taxes 157 

Article 3. Remedies and Proceedings for Relief of Taxpayers 162 

Article 4. Enforced Collection of Delinquent Taxes 166 

Article 5. Annual Settlements of County Treasurers 171 

TITLE IV. 

Chapter XVI.— Of the Militia. 

Article 1. General Provisions 173 

Article 2. The Adjutant and Inspector General 179 

Article 3. The Quartermaster General 181 

Article 4. Organization of the National Guard of the State 183 

Article 5. Commissioned Officers of the National Guard. 184 

Article 6. Enlisted Men of the National Guard 187 

Article 7. South Carolina National Guard in the City of Charleston 189 

Article 8. Arms, Parades, Drills, etc 190 

Article 9. Military Courts 193 

TITLE V. 

Of Counties. 

Chapter XVII. — Of Counties and Their Corporate Powers 196 

TITLE VI. 
Of State and County Officers. 
Chapter XVIII.— General Provisions Relating to Public Officers. 

Article 1. Official Oaths and Bonds 217 

Article 2. Sale of Public Offices '. •. 223 

Article 3. Miscellaneous Provisions 224 



TABLE OF CONTENTS. v 

PAGE 

Chapter XIX. — The Executive Department and Officers Connected Therewith. 

Article 1. General Provisions 227 

Article 2. The Governor and Lieutenant-Governor 227 

Article 3. The Secretary of State 231 

Article 4. The Attorney-General and Solicitors 234 

Article 5. Notaries Public 237 

Article 6. Commissioners of Deeds 238 

Article 7. The Comptroller-General . . .• 239 

Article 8. The State Treasurer 243 

Article 9. The State Librarian and Board of Trustees of State Library 255 

Article 10. The State Geologist 256 

Article 11. Department of Agriculture, Commerce and Industries 257 

Article 12. State Board of Entomology 261 

Article 13. Board of Pardons 263 

Article 14. Board of Fisheries 264 

Article 15. Audubon Society of South Carolina 272 

Article 16. Public Service Commission 273 

Article 17. Board for Uniformity of Legislation 274 

Article 18. Board for the Distribution of Dead Bodies for Scientific Purposes.. 274 

Chapter XX. — County Officers and Their Compensation. 

Article 1. The County Supervisor and County Board of Commissioners 276 

Article 2. The Sherifif 320 

Article 3. The Coroner 353 

Article 4. The Clerk of Circuit Court 356 

Article 5. The Register of Mesne Conveyances 368 

Article 6. The Judge of Probate 372 

Article 7. The Master 375 

Article 8. Magistrates — Their Courts, Powers, Duties and Salaries, and the 

Salaries of Their Constables 379 

Article 9. Constables 417 

Article 10. Salaries of County Officers 419 

TITLE VII. 

Op Public Charges. 

Chapter XXL— Paupers 429 

Chapter XXII. — Pensions 432 



TITLE VIII. 
Of the Public Health. 
Chapter XXIII. — Boards of Health — Physicians, Apothecaries, Dentists, and 
Quarantine. 

Article 1. Boards of Health 43-9 

Article 2. Physicians, Apothecaries, Dentists and Trained Nurses 452 

Article 3. Quarantine 461 

TITLE IX. 
Oe Public Instruction. 

Chapter XXIV.— Free Public Schools 470 

Chapter XXV. — Colleges and Universities. 

Article 1. State Colleges and Universities 503 

Article 2. The University of South Carolina 505 

Article 3. The Citadel, the Military College of South Carolina 508 



VI TABLE OF CONTENTS. 

PAGE 

Article 4. The Winthrop Normal and Industrial College of South Carolina.... 510 
Article 5. The Colored Normal, Industrial, Agricultural and Mechanical Col- 
lege of South Carolina 512 

Chapter XXVI. — The Clemson Agricultural College 514 

Chapter XXVII. — South Carolina Institute for the Education of the Deaf, Dumb 

and Blind ._ 522 

TITLE X. 
Of Ways, Bridges, Ferries, Dams and Drains, General Stock Law. 

Chapter XXVIIL— Of Highways 524 

Chapter XXIX. — AVater Courses and Cuts ' 570 

Chapter XXX. — Bridges, Turnpikes and Ferries. 

Article 1. Bridges 574 

Article 2. Turnpike Roads and Bridges 575 

Article 3. Ferries and Bridges 576 

Article 4. Miscellaneous Provisions 579 

Chapter XXXI.— The Saluda Mountain Road 582 

Chapter XXXII. — Dams and Drains and Drainage in Certain Counties. 

Article 1. Dams and Drains 583 

Article 2. Drainage in Certain Counties 598 

Article 3. Rights of Way for Drainage 607 

Article 4. Sanitary and Drainage Commissions 608 

Chapter XXXIII. — General Stock Law and Fencing Stock; and Special Provisions 
as to Fencing Fields and Crops in Places Excepted. 

Article 1. General Stock Law 611 

Article 2. Special Provisions — Fencing Fields and Crops in Places Excepted. . 612 

TITLE XL 
Of the Regulations of Trade in Certain Cases. 
Chapter XXXIV. — Regulations Respecting Commercial Fertilizers, Cotton, the 
Inspection and Sale of Provisions and Other Merchandise, 
• and the Inspection of Timber and Lumber. 

Article 1. Commercial Fertilizers 632 

Article 2. Cotton 638 

Article 3. Inspection of Flour; Grain 656 

Article 4. Gauging Liquors — Naval Stores 661 

Article 5. Pork and Beef — Rice — Staves and Shingles 663 

Article 6. Inspection of Timber and Lumber 665 

Article 7. Concentrated Commercial Feeding Stufifs 666 

Article 8. Regulation of Sale of Entire Stock in Trade 670 

Article 9. Trusts, Pools and Monopolies 671 

Chapter XXXV. — Auctions and Vendues 678 

Chapter XXX VI.— Of Weights and Measures 679 

Chapter XXXVII. — Pilotage and Harbor Commission 680 

Chapter XXXVIII. — Money; Interest; Bills of Exchange and Promissory Notes; 
Agency. 

Article 1. Money — Interest 693 

Article 2. Bills and Notes ' 696 

Article 3. Agency 700 

Chapter XXXIX. — Limited Partnerships 701 

Chapter XL. — Common Carriers, Warehousemen, and Other Bailees for 

Hire 706 



TABLH OF CONTENTS. vii 

PAGE 

Chapter XLI. — Hawkers and Peddlers 719 

Chapter XLH. — Pawnbrokers 721 

TITLE XII. 
Of Corporations and Unincorporated Associations. 

Chapter XLIIL— Of Banks and Banking 723 

Chapter XLIV. — Foreign Corporations, Generally 729 

Chapter XLV. — Insurance. 

Article 1. Insurance Department and Insurance Companies 736 

Article 2. Foreign Fire Insurance Companies 750 

Article 3. Fraternal Benefit Associations 753 

Article 4. Mutual Protective Associations 757 

Article 5. Bond, Investment, etc., Companies 761 

Chapter XLVI. — Provisions Applicable to Corporations Generally 762 

Chapter XLVII. — Private Corporations Organized under General Laws. 

Article 1. Business Corporations 775 

Article 2. Charitable, Social and Religious Societies 784 

Article 3. Railroad, Steamboat and Canal Companies 786 

Chapter XLVIII. — Municipal Corporations. 

Article 1. Towns of Less than One Thousand Inhabitants 791 

Article 2. Towns of Less than Five Thousand and More than One Thousand 

Inhabitants 796 

Article 3. Towns of More than Five Thousand Inhabitants 798 

Article 4. Provisions Common to Towns and Cities Containing over One 

Thousand Inhabitants 803 

Article 5. Special Provisions as to Cities Containing More than Ten Thou- 
sand Inhabitants 808 

Article 6. Special Provisions as to Cities of More than Twenty Thousand 

Inhabitants 811 

Article 7. General Provisions as to Cities and Towns 816 

Article 8. Commission Form of Government for Cities of More than Twenty 

Thousand Inhabitants and Less than Fifty Thousand Inhabitants 841 
Article 9. Powers of Cities of Fifty Thousand Inhabitants to Condemn Land 

for Water Front 849 

Chapter XLIX. — Railroads — General Law. 

Article 1. General Provisions 851 

Article 2. Formations of Corporations by Purchasers 856 

Article 3. Consolidation of Companies and Other Provisions 859 

Article 4. The Railroad Commissioners 863 

Article 5. Provisions as to Discrimination and Unreasonable Charges 871 

Article 6. Regulations as to Running Trains on Sunday and Carriage of 

Animals 884 

Article 7. Regulations for the Prevention of Accidents and Concerning the 

Responsibility Therefor 885 

Article 8. Regulations for the Accommodation, Convenience and Protection 

of Passengers and in Respect to Merchandise 894 

Article 9. Railroad Crossings — Cattle Guards 903 

Article 10. Right of Way 905 

Article 11. Penalties and Forfeitures to and by Railroads 909 

Chapter L- — Telegraph, Telephone and Express Companies 912 

Chapter LI. — Unincorporated Joint Stock and Other Associations 918 

Chapter LII. — Of Drainage Corporations 919 



VIII TABLE OF CONTENTS. 

TITLE XIII. 

Of the Internal Police of the State. page 

Chapter LIII. — The State Hospital for the Insane 923 

Chapter LIV. — Estrays 931 

Chapter LV. — Of Wrecks and Shipwrecked Goods 933 

Chapter LVI. — Of Immigrants and Seamen 934 

Chapter LVII. — Gambling Contracts and Contracts of Sale for Future Delivery. 

Article 1. Gambling Contracts 936 

Article 2. Contracts of Sale for Future Delivery 938 

Chapter LVIII. — Licenses for Plays and Shows 940 

Chapter LIX. — Protection of Fish and Sheep 941 



PART II. 



OP THE ACQUISITION, THE ENJOYMENT AND THE TRANSMISSION OF 
PROPERTY, REAL AND PERSONAL; THE DOMESTIC RELATIONS AND 
OTHER MATTERS CONNECTED WITH PRIVATE RIGHTS. 



TITLE I. 
Of Real Property. 
Chapter LX. — Tenure of Lands and Confirmation of Certain Titles; Titles to 
Catawba Indian Lands. 

Article 1. Tenure of Lands and Confirmation of Certain Titles ". . . 943 

Article 2. Titles to Catawba Indian Lands 947 

Chapter LXI. — Legal Formalities, Construction and Operation of Conveyances 
and Mortgages of Land and Other Instruments Affecting 
Property. 

Article 1. Form and Execution of Conveyance of Land 948 

Article 2. Certain Conveyances, etc., Void 949 

Article 3. Mortgages of Land and Satisfaction Thereof 952 

Chapter LXII. — Dower and Allotment Thereof. 

Article 1. Renunciation of Dower, and When the Right Shall Be Barred or 

Forfeited 955 

Article 2. Mode of Divesting Right of Insane Married Woman 958 

Article 3. Proceedings for Allotment of Dower 960 

Chapter LXIII. — Estate for Life and for Years — Landlord and Tenant — Joint 
Tenants and Tenants in Common — Betterments — Miscellane- 
ous Provisions Concerning Real Estate. 

Article 1. Estates for Life and for Years 964 

Article 2. Landlord and Tenant 965 

Article 3. Joint Tenants and Tenants in Common 972 

Article 4. Betterments 974 

Article 5. Miscellaneous Provisions Concerning Real Estate 977 

TITLE II. 
Chapter LXIV. — Of the Registration of Legal Instruments 979 

TITLE III. 
Chapter LX V. — Limitation of Estates 982 

TITLE IV. 
Chapter LXVL— Of Intestates' Estates 983 



TABLE OF CONTENTS. tk 

TITLE V. PAGE 

Chapter LXVIL— Of Wills 987 

TITLE VI. 

Op the Settlement op Estates op Deceased Persons, Trusts, and Special Provisions 

Relating to Trusts. 
Chapter LXVIII. — Letters of Testamentary and Proceedings on the Probate of 

Wills 994 

Chapter LXIX. — Administration of Intestates' Estates and Derelict Estates.. 998 

Chapter LXX. — Of Inventories and Appraisements 1004 

Chapter LXXI. — Payments of Debts and Legacies. 

Article 1. Payment of Debts and Legacies 1005 

Article 2. Sale of Land in Aid of Deficient Personal Assets, to Pay Debts 1007 

Chapter LXXII. — Accounts and Commissions of Executors and Administrators 1009 

Chapter LXXIII. — Settlement and Distribution of Intestate Estates 1012 

Chapter LXXI V. — Liability of Heirs and Devisees 1014 

Chapter LXXV. — Trusts and Special Provisions Relating to Trusts 1015 

TITLE VII. 
Of Title to Property by Special Provisions op Law. 

Chapter LXXVI. — Of Sales by Executors, Administrators and Fiduciaries 1019 

Chapter LXXVII. — Sales under Execution and by Judgment Debtors. 

Article 1. Sales under Execution 1021 

Article 2. Sales by Judgment Debtors 1024 

Chapter LXXVIII.— Of Homesteads , 1025 

Chapter LXXIX. — Assignments for Benefit of Creditors 1033 

TITLE Vlll. 

Chapter LXXX. — Of the Prevention of Frauds and Perjuries 1036 

TITLE IX. 
Of the Domestic Relations. 
Chapter LXXXL— Husband and Wife.: 

Article 1. Marriage 1039 

Article 2. Certain Rights and Liabilities of Husband and Wife 1043 

Chapter LXXX 1 1. — Guardians and Wards of Minors. 

Article 1. Guardians in General 1046 

Article 2. Public Guardians 1048 

Article 3. Testamentary Guardians 1050 

Article 4. Miscellaneous Provisions Relating to Minors 1051 

Chapter LXXXIIL— Change of Names 1052 

Chapter LXXXIV. — Masters, Apprentices and Laborers. 

Article 1. Master and Apprentice 1054 

Article 2. Protection of Laborers 1056 



PART III. 

OP COURTS AND JUDICIAL OFFICERS, AND PROCEEDINGS IN CIVIL CASES. 



TITLE I. 
Of Courts and Judicial Officers. page 

Chapter LXXXV.— Of the Supreme Court and Its Officers 1059 

Chapter LXXX VI.— Circuit Courts and Judges 1063 



X TABLB OF CONTENTS. 

PAGE 

Chapter LXXXVIL— County Courts 1068 

Chapter LXXXVIIL— The City Court and the Police Court of Charleston 1073 

Chapter LXXXIX. — Court for the Arbitration of Mercantile Disputes in the 

City of Charleston 1077 

Chapter XC. — Attorneys, Solicitors and Counsellors 1082 

Chapter XCI. — Special Provisions Respecting Courts and the Administra- 

tion of Justice, and Certain Rights and Remedies. 
_ Article 1. Special Provisions Respecting Courts and the Administration of 

Justice 1085 

Article 2. Certain Rights and Remedies 1089 

TITLE IL 
Oe Actions and Proceedings Therein. 

Chapter XCII. — Actions by and against Executors and Administrators 1092 

Chapter XCIIL— Witnesses and Evidence. 

Article 1. Attendance of Witnesses '. . 1095 

Article 2. Examination of Witnesses by Commission 1096 

Article 3. Examination of Witnesses before Clerk and Depositions De Bene 

Esse 1099 

Article 4. General Provisions Respecting Evidence 1101 

Chapter XCIV. — Jurors and Juries. 

Article 1. Jury Commissioners, Drav^^ing and Summoning Jurors 1108 

Article 2. Qualification, Exemption, Empanelling and Pay of Jurors 1113 

Article 3. Objections to Jurors — Verdict 1116 

Article 4. Miscellaneous Provisions III7 

TITLE III. 
Oe Remedies Relating to Reae Property. 

Chapter XCV. — Certain Proceedings by Remaindermen, Heirs, etc 1118 

Chapter XCVI. — Forcible Entry and Detainer, and Summary Ejectment of Tres- 
passers. 

Article 1. Forcible Entry and Detainer 1120 

Article 2. Summary Ejectment of Trespassers 1122 

Chapter XCVII. — Escheats II23 

TITLE IV. 
Op the Writ of Mandamus and Proceedings in Speciae Cases. 

Chapter XCVIIL— The Writ of Mandamus 1128 

Chapter XCIX.— Chattel Mortgages and Liens. 

Article 1. Chattel Mortgages 1129 

Article 2. Liens on Lands and Buildings for Labor and Materials 1132 

Article 3. Liens on Ships and Vessels for Labor and Materials 1139 

Article 4. Liens on Railroads for Work or Materials 1141 

Article 5. Agricultural Liens 1141 

Article 6. Liens of Ow^ners of Stock Animals 1145 

Article 7. Liens of Employees in Factories, etc 1145 

TITLE V. 

Oe Proceedings eor the Relief of Persons Arrested in Civil Actions. 

Chapter C. — Of the Discharge of Prisoners as Insolvent Debtors 1146 

TITLE VI. 

Of Legal Notices, Legal PIolidays, and Costs and Fees. 

Chapter CI. — Publication of Legal Notices — Legal Holidays 1151 

Chapter CII. — Costs, Fees and Salaries of County Officers 1154 



TABLB OF CONTENTS. 



XI 



APPENDIX 

PAGS 

A List of Public Statutes Repealed Since the Adoption of the General Stat- 
utes of 1882 2j^79 

Table of Sections in Civil Code of 1902 — Where Found in Civil Code of 1912 1207 

Table of Civil Statutes Since Civil Code of 1902 Included in Civil Code of 1912.. .. 1215 



Index to Civil Code ^^223 



An Act of the General Assembly of the State of South Carolina. 



Passed at the Regular Session which was begun and Held at the City of Columbia on the 
Ninth Day of January, A. D. 1912, and was adjourned without day on the twenty- 
ninth day of February, A. D. igi2. 



Cole L. Blease, Governor. C. A. Smith, Lieutenant Governor and ex officio President 
of the Senate. Mendal L. Smith, Speaker of the House of Representatives. M. M. 
Mann, Clerk of the Senate. Jas. A. Hoyt, Clerk of the House of Representatives. 



AN ACT TO DECLARE THE CoDE AS SUBMITTED BY THE CoDE COMMISSIONER OF SoUTH CAR- 
OLINA TO BE THE ONLY GENERAL STATUTORY LaW OF THE StaTE, AND TO PROVIDE FOR 

Publication of Same. 

Section 1: Be it enacted by the General Assembly of the State of South Carolina: 
That the Code as submitted by the Code Commissioner of South Carolina (which is 
hereto attached), be, and the same is hereby, declared to be the "Code of Laws of 
South Carolina, 1912;" and said Code is hereby declared to be the only statutory law 
of this State on the 9th day of January, 1912. 

Section 2: That the Standing Committee known as "The Committee to Inquire into 
the Progress of the Work of the Code Commissioner" to be appointed at this session 
of the General Assembly be and they are hereby authorized and required, together 
with the Code Commissioner, to make a contract with some reputable publishing com- 
pany to prepare, annotate, index and publish according to the most approved methods 
the Code hereto attached. That said Committee, together with the Code Commis- 
sioner, shall have the work done on the best terms they can for the State, giving 
special consideration to the reputation, reliability and punctuality of the contracting 
publisher, the cost and character of the work and its completion at an early date. 
Provided, that said contracting publisher shall use in the publication of the said Code 
the sectional catch-lines, such marginal references as may be required by the Code 
Commissioner and the said Committee, and print and bind the Code according to 
modern and most approved methods. And, Provided, also, that the amount paid for 
said work shall not exceed the appropriation set aside for said purpose. The said 
Committee shall be entitled to such compensation for their services as are other 
standing committees of the General Assembly. 

Section 3: The award for State printing for this year shall not include the Code of 
1912. 

Section 4: That this Act shall take effect immediately upon its approval by the 
Governor. 



This Act was presented to the Governor the 24th day of February, A. D. 1912, and 
was not returned by him to the House in which it originated within three days, the 
General Assembly being in session. — Code Commissioner. 



CERTIFICATE OF COMMISSIONER. 

I hereby certify that the following 1628 pages are the Code reported by the 
Code Commissioner under and in accordance with Section 5, Article 6, of the Con- 
stitution. 

Andrew J. Bethea, 
Code Commissioner of South Carolina. 



PART I 

Of the Internal Administration of the Government 



TITLE I. 



OF THE JURISDICTION OF THE STATE— GENERAL ASSEMBLY- 
STATUTES— PUBLIC REPORTS AND DOCUMENTS— PUBLIC 
PROPERTY— CENSUS. 



Chapter I. Of the Jurisdiction of the State, and Places Ceded to the 

United States, 1. 

Chapter II. Of the General Assembly, 29. 

Chapter HI. Of the Public Printing, 35. 

Chapter IV. Of the Statutes, 39. 

Chapter V. Of the Public Reports and Documents, 42. 

Chapter VI. Of the ' Public Property, 46. 

•Chapter VII. Of the Census, 71. 



CHAPTER I. 



Of the Jurisdiction of the State and Places Ceded to the United States. 



•Sec. 



1. Jurisdiction of the State of South 

Carolina. 

2. Change of State boundary. 

3. Reciprocity as to chartered privi- 

leg-es between Georgia and South 
Carolina. 
4 Places ceded to the United States 
and subject to concurrent juris- 
diction, viz.: 

1. Lighthouse on Middle Bay Is- 

land, in Charleston Harbor. 

2. Seven acres of land on North 

Island, Georgetown County. 

3. Fort Moultrie, on Sullivan's Is- 

land, Charleston County. 

4. Fort Johnston, Charleston County. 

5. Fort Pinckney, Charleston County. 

6. Sand-bank, on Southeast Point 

of Charleston. 

7. Ten acres on Blythe's Point, 

Sampit River, in Georgetown 
County. 

8. Mustard Island, and seven acres 

on St. Helena Island, Beaufort 
County. 

9. Five acres in Beaufort, Beaufort 

County. 

10. Fort Mechanic, Charleston County. 

11. One hundred feet on Haddrell's 

Point, Charleston County. 



Sec. 4. — Continued. 

12. One acre on Otter Island, Col- 

leton County; one acre on Sta- 
tion Creek, and one acre on 
Bob's Island, Beaufort County. 

13. Fortification sites on Sullivan's 

Island, James' Island and 
Shute's Folly Island, Charles- 
ton County. 

14. A lot on South Island, George- 

town County. 

15. Five acres in Charleston for a 

Custom House. 

16. A site on Morris Island. 

17. Site on Thomas' Island. 

18. Sites on North and South Island 

Points, near Georgetown, in 
Georgetown County. 

19. Site on Cape Island, Charleston 

County. 

20. Site in Charleston for harbor 

light. 

21. Site for beacon, in range with 

Charleston Light House. 

22. Sites for beacons for Callabogue 

Sound, Beaufort County. 

23. Sites at North Edisto, Charles- 

ton County. 

24. Site on Hunting Island, Beau- 

fort County. 



CIVIL CODE 



[§ 1 



Sec 4. — Continued. 

25. Site on or near Hilton Head, 

Beaufort County. 

26. Fifty feet on South Battery, 

Charleston. 

27. Site at Mount Pleasant, Charles- 

ton County. 
28'. Site at Whi'te Point, Charleston 
County. 

29. Site at Fort Point. Georgetown 

County. 

30. "Charleston Club House," on 

Meeting Street, in Charleston. 
■ 31. Half an acre in Columbia, cor- 
ner of Richardson and Laurel 
Streets. 

32. The National Cemetery in Flor- 

ence County. 

33. Shore line of Morris Island and 

of Sullivan's Island, jetties for 
Charleston Harbor. 

34. Certain lands in Georgetown 

Count}^ between AVinyah Bay 
and Santee River. 

35. Land ceded for Georgetown jet- 

ties. 

36. 37 and 38. Jurisdiction over cer- 

tain lands on Sullivan's Island, 
given to the L^nited States. 

39. Certain lands in Charleston Har- 

bor ceded for sanitarium. 

40. Certain lands in Town of Moul- 

trieville, Charleston County. 

41. Certain lands in Charleston 

County and lands covered with 
water. 

42. Lot in Florence for erecting 

public building. 

43. Sites in Columbia, Spartanburg, 

Rock Hill and Georgetowm. 



Sec 4. — Continued. 

44. Certain lands in town of Moul- 

trieville, Charleston County — 
Reservations. 

45. Certain lands in Moultrieville, 

Charleston County — Reserva- 
tions and exceptions. 

46. Sites in Chester, Anderson and 

Greenwood. 

47. Tracts in Charleston, Beaufort 

and Georgetown Counties for 
quarantine purposes. 

48. Lot in Sumter. 

49. Lot in Aiken. 

50. Preamble to grant of certain 

lands in Charleston Harbor to 
fnited States. 

51. Consent given to L'nited States 

to acquire lands. 

52. Lands in Town of Moultrieville, 

Charleston County. 

5. Land may be purchased bj' L'nited 

States for arsenals and maga- 
zines. 

6. If parties cannot agree, land to be 

valued. 

7. Concurrent jurisdiction retained by 

the State. 

8 Sites for light stations on land. 

9 Sites for lighthouses and other aids 

to navigation. 

10. Nature, extent and accrual of United 

States jurisdiction over lands ac- 
quired. 

11. Lands exempt from State taxation. 

12. Acquisition of land by United States 

for natural forest reserve. 

13. Assent of this State given to Act of 

Congress. 



§ 1. Jurisdiction of the State of South Carolina. — The sovereignty 
and jurisdiction of this State extends to all places within its bounds, which are 
hereby declared to be as follows : 

The northern line, beginning at a point on the seashore, about a mile and a 
quarter east of the mouth of Little River, runs in a northwest direction, sixty- 
four and one-half miles, to a point two miles northwest of one of the branches 
of Little Pee Dee River; thence, in the same direction, twent3'-two miles, to a 
stake in a meadow; thence, in a direction due west, a distance of sixty-two 
miles, to a point where the said line intersects the Charleston road, (at sixty- 
one miles) near the Waxhaw Creek; thence along the line extending from this 
point to the Tr3-on IMountain; thence, from a stone set up and marked "S. C. 
and X. C, September 15th, 1815," running wxst four miles and ninety poles, 
to a stone marked "S. C. and X. C." ; thence south, twenty-five degrees west, 
one hundred and eighteen poles, to a chestnut on the top of the Ridge dividing 
the waters of the Xorth Fork of Pacolet River from the waters of the Xorth 
Fork of the Saluda River; thence along the various courses of the said Ridge, 
(agreeably to the Plat and Survey of the Commissioners and Surveyors accom- 
panying their report, dated 2d Xovember, 1815), to the Ridge that divides the 
Saluda waters from those of Green River; thence along the various courses of 
the said Ridge, agreeably to_ the said Plat and Survey, to a stone set up where 
the said Ridge joins the Ridge which divides the eastern from the western 
waters, and which stone is marked "S. C. and X. C. September 28th, A. D. 



§§ 2-4] OF SOUTH CAROLINA. 3 

1815"; thence along the various courses of the said Ridge, agreeably to the 
said Plat and Survey, to a stone set up on that part of it which is intersected 
by the Cherokee boundary line, run in the year 1/97, and which stone is marked 
"S. C. and N. C, 1813"; and from the said last mentioned stone, on the top 
of the said Ridge, at the point of intersection aforesaid, a direct line, south, 
sixty-eight and one-fourth degrees west, twenty miles and eleven poles, to the 
thirty-fifth degree of north latitude, at the rock in the east bank of Chatooga 
River, marked "Latitude thirty-five degrees, A. D. 1813" ; which line, from the 
termination of the line of 1772 to the Chatooga River, is, in all, a distance of 
twenty-four miles and one hundred and eighty-nine poles. ^ 

From the State of Georgia, South Carolina is divided by the Savannah River, 
from its entrance into the ocean to the confluence of the Tugaloo and Seneca 
Rivers ; thence by the Tugaloo River to the confluence of the Tugaloo and 
Chatooga Rivers ; thence by the Chatooga River to the North Carolina line 
aforesaid, in the thirty-fifth degree of north latitude, the line being low-water 
mark at the southern shore of the most northern stream of said rivers where 
the middle of the rivers is broker! by islands ; and middle thread of the stream 
where the rivers flow in one stream or volume. - 

On the east, the State is bounded by the Atlantic Ocean, from the mouth of 
the Savannah River to the northern boundary, near the mouth of Little River, 
including all the islands.-^ 

Civ. '02. § 1; G. S. 1; R. S. 1. 

§ 2. Change of State Boundary. — AA'henever the location of the State 
line has been or may be re-established and corrected by competent authority, 
the lines of bordering lands which were established and fixed according to the 
previous location of ^ the State line, shall not be changed by reason of such re- 
establishment and correction of the State line. 

1906, XXV, 63. 

§ 3. Reciprocity as to Chartered Privileges between Georgia and 
South Carolina. — Any charter or franchise granted, or to be granted, by the 
State of Georgia, for the purpose of building and establishing bridges or ferries 
over the Savannah River,, shall have full effect within the limits and jurisdic- 
tion of the State of South Carolina, to the same extent, in all respects, as if 
^uch charter or franchise had been granted by the State of South Carolina : 
Provided, That the State of Georgia do, by law, provide that equal eft'ect be given 
in the State of Georgia to charters and franchises granted by this State ; and that 
the legal validity and effect of a charter, granted by either of the said States 
for the purposes aforesaid, shall be subject to this limitation and restriction, 
that no such charter, from either State, shall prevent the other State from 
granting a charter for a bridge or ferry over the Savannah River at any place, 
however near the place where a bridge or ferry is or may be established, under 
a charter from the other State. 

Civ. '02, § 2; G. S. 2; R. S. 2; 1851. XII, 119. 

§ 4. Places Ceded to the United States and Subject to Concurrent 
Jurisdiction. — In respect to the places within the boundaries ceded by the 
State to the United States, the jurisdiction of this State is concurrent with 
that of the United States, according to the terms of cession in each case re- 
spectively. 

Civ. '02, § 3; G. S. 3; R. S. 3. 

1. Survey of 1735 ; Survej' of 1737; Survey of 1764; 3. Civil process of federal court does not run to 
Survey of 1772; Gov. Swain; I., 409; 1815, I., 420. that frontier or belt of water recognized by law of 

2. Watldns' IDigest, 737; Beaufort Convention, nations as under control of littoral owner for 
P. L., 460; 1787, I., 411; Shultz v. Bank, U. S. purposes of revenue and defense. The Hungaria, 
S. C, 1882, MS., per Johnson, J.; Handv v. An- 41 Fed. Rep. 109. 

thony, Ohio River Case, U. S. S. C. 5 Wheat., 
374; Original Charters, S. C. Trott's Laws. 



4 CIVIL CODE [ § 4 

The places ceded are as follows : 

1. Lighthouse: on Middi^e: Bay IsIvAnd, in Charleston Harbor. — The 
light-house on Middle Bay Island, within the bar of Charleston harbor, bounded, 
to the north, by a small inlet passing between the said island and Morris Island ; 
to the south, by an inlet called Folly Inlet ; to the east, by the Atlantic Ocean ; 
and to the west, by a sound or creek passing between the said Middle Bay Is- 
land and the other island aforesaid ; together with the lands and tenements 
thereunto belonging, and together with the jurisdiction of the same, as far as 
the same shall be incident and essential for the erection of forts, magazines, 
arsenals, dockyards and other needful buildings, and the appointment of offi- 
cers, and general regulation of the said light-house, forts, magazines, arsenals, 
and dock-yards, in fee simple in as full, ample and effectual manner as the 
premises could be granted, aliened, transferred, conveyed and confirmed, by 
any deed or devise, in due form of law ; upon the special proviso and condition, 
nevertheless, that the said United States shall sufficiently support, maintain, 
and keep in good repair, and rebuild, when necessary, the said light-house, 
from time to time, and at all times hereafter ; and shall also erect, or cause 
to be erected, proper leading marks to and for, or as appending to, the said 
light-house, and cause buoys to be stationed in fit places for the further and 
better facilitating and securing the navigation ; and that all expenses which shall 
accrue in, for, and about the said hght-house, or the leading marks and buoys 
above mentioned, shall be defrayed out of the Treasury of the United States. 

1790, V, 148. 

2. Seven Acres oe Land on North Island, Georgetown County. — Seven 
acres of land on North Island, in Georgetown County, butting and bounding 
to the eastward on the sea, to the west and north by lants belonging to Paul 
Trapier, and to the south by Winyah Bay : Provided, nevertheless, That noth- 
ing contained in this cession shall be construed to exclude or prevent any process, 
criminal or civil, issuing from any of the Courts of this State, from being served 
or executed within the limits of the said tract of seven acres of land. 

1797, V, 309. 

3. Fort Moultrie on Sullivan's Island, Charleston County. — All the 
lands reserved for Fort Moultrie, on Sullivan's Island, in Charleston County-7- 
provided the same shall not exceed five acres — with all the forts, fortifications, 
and buildings thereon, together with the canal leading from the cove on the 
back of the fort, nearly up to the same, as delineated on the plan of Charleston 
harbor by Col. Senf, in the Secretary of State's office at Columbia. 

1805, V, 501, § 1. 

4. Fort Johnston, Charleston County. — The high lands and part of the 
marsh belonging to Fort Johnston, as delineated on the said plan of Charleston 
harbor — provided the same shall not exceed twenty acres — including the present 
site of Fort Johnston. 

1805, V, 501, § 1. 

5. Fort Pinckney, Charleston County. — The land on which Fort Pinck- 
ney is built, and three acres around the same — Charleston County. 

1805, V, 501, § 1. 

6. Sandbank on Southeast Point oe Charleston. — A portion of the 
sand bank marked "C," on the southeasternmost point of Charleston, as de- 
lineated on the said plan of Charleston harbor, not exceeding two acres. 

1805, V, 501, § 1. 

7. Ten Acres on Blythe's Point, Sampit River in Georgetown County. 
— A lot, not exceeding four acres, for a battery or fort, and necessary build- 
ings, on Dr. Blythe's point of land, at the mouth of Sampit River, Georgetown 



§4] OF SOUTH CAROLINA. 5 

County, and a quantity of land, not exceeding six acres, on Dr. Blythe's said 
point of land, at the mouth of Sampit River, adjoining, and in addition to, the 
said four acres, and for the same purposes. 
1805, V, 501, § 1. 

8. Mustard Island, and Seven Acres on St. Helena Island, Beaueort 
County. — Mustard Island, opposite Paris Island, in Beaufort River, and a 
tract of land on St. Helena Island, opposite the same, not exceeding seven 
acres — Beaufort County. 

1805, V, 501, § 1. . 

9. Five Acres in Beaueort, Beaufort County. — Five acres of the public 
lands, near the town of Beaufort, including the site of Fort Lyttleton, Beaufort 
County, for the purpose of erecting a fort. 

1808, V, 576, § 4. 

10. Fort Mechanic, Charleston County. — The lots or tracts of land 
whereon Fort Mechanic is erected, and such other lots and parcels of land as 
may be considered necessary to that establishment, so soon as they shall have 
been conveyed by Christopher Williman and William Holmes to the United 
States, for all purposes necessary to the maintenance of a military post: Pro- 
vided, how^ever, That nothing in this cession shall be construed to prevent any 
process, civil or criminal, issuing from any of the Courts of this State, or any 
other competent authority, from being served or executed within the limits of 
the said lots or tracts of land so to be conveyed by the said Christopher Willi- 
man and Wm. Holmes to the United States: And provided, also, That noth- 
ing contained in this cession shall be so construed as to impair the rights and 
privileges vested in the City Council of Charleston, under their charter of 
incorporation, who are hereby also authorized and empowered to relinquish 
their right or jurisdiction in and over the land aforesaid. 

1813, V, 696, § 1. ~~ 

11. One Hundred Feet on HaddrEll's Point, Charleston County. — 
One hundred feet square of land, on Haddrell's Point, Charleston County, 
(conveyed by Mrs. Rebecca Bee Barksdale, for the use of the United States), 
for the purpose of erecting a beacon thereon : Provided, nevertheless. That 
nothing contained herein shall be construed to exclude or prevent any process, 
civil or criminal, issuing from the Courts of this State, from being served or 
executed within the limits of the said cession. 

1823, VI, 220. 

12. One Acre on Otter Island, Colleton County; One Acre on Sta- 
tion Creek, and One Acre on Bob's Island, Beaueort County. — One acre 
of land on Otter Island, in Colleton County, for a light-house; one acre of land 
on the north side of Station Creek, near St. Helena Island, in Beaufort County, 
for the erection of a beacon-light; and one acre of land on Bob's Island, at 
the entrance of Scull Creek, in Beaufort County, for the erection of a beacoTi- 
light : Provided, That the said lands, when purchased by, or vested in, the 
United States, and every person or officer residing or employed thereon, whether 
in the service of the United States or not, shall be subject and liable to the Gov- 
ernment of this State, and the jurisdiction, laws, and authority thereof, in the 
same manner as if this cession had never been made; and that the United 
States shall exercise no more authority or power within the limits of the said 
land than they might have done previously to the cession thereof, or than may 
be necessary for the building, erection, repairing or internal government of the 
said light-house, and the regulation and management of the said light-house 
and the said beacon-lights that may be built and erected on the said lands, and 
of the officers and persons by them to be employed in and about the same. 



6 CIVIL CODE [ § 4 

The said lands shall be forever exempt from any taxes to be paid to this 
State. 

1837, VI, 569. 

13. Fortification Sites on Sullivan's Island, James' Island, and 
Shute's Folly Island, Charleston County. — The lands, forts, fortifications 
and sites, for the erection of forts on Sullivan's Island, James' Island, and 
Shute's Folly Island, in Charleston County, as delineated in a plan of survey, 
made by Robert Q. Pinckney, on the 17th November, 1846, under direction of 
commissioners appointed under Resolution of 1845, which lands, sites, forts 
and fortifications so ceded shall be exempt from any tax to be paid to this 
State : Provided, That all process, civil or criminal, issued under the authority 
of this State, or any officer thereof, shall and may be served and executed on 
anv par.t of the lands and sites, forts and fortifications so ceded, and on any 
person or persons there being and implicated in matters of law : And pro- 
inded, also. That nothing herein contained shall be construed to interfere with 
the rights and property of the citizens, or so as to affect any of the streets, 
thoroughfares, or public landings on the said islands. 

1846, XI. 366; 1848, XI, 514, § 2. 

14. A Lot on South Island, Georgetow^n County. — A lot on South Island, 
in Georgetown County, on the southern edge of Winyah Entrance, for a light- 
house, which lot shall, during the continuance of the said light-house, be exempt 
from any taxes to be paid to this State : Provided, That the said lot, when 
purchased or vested in the United States, and every person and officer residing 
or employed thereon, whether in the service of the United States or not, shall 
be subject and liable to the Government of this State, and the jurisdiction, laws 
and authority thereof,, in the same manner as if this cession had never been 
made, and that the United States shall exercise no more authority or power 
within the limits of the said land than they might have done previously to the 
cession thereof, or than may be necessary for the building, erection, repairing, 
or internal government of the said light-house, and of the officers and persons 
by them to be employed in and about the same. 

1847, XI, 442. 

15. Five Acres in Charleston eor a Custom House. — A lot, not to exceed 
five acres, in the City of Charleston, for the erection of a custom house ; which 
lot, and the buildings erected thereon, shall be exempt from any tax to be paid 
to* this State: Provided, That all process, civil or criminal, issued under the 
authority of this State, or any officer thereof, shall and may be served and exe- 
cuted on any part of said land, and on any person or persons there being and 
implicated in matters of law. 

1848, XI, 514. 

16. A Site on TvIorris Island, for a beacon or light-house — Charleston 
County. 

1853, XII, 295. 

17. A Site on Thomas' Island, for a beacon or light-house. 

1853, XII, 295. 

18. Sites on North and South Island Points, Near Georgetown, 
GEORGEToVk^N County. — Sites for three beacons, to be placed on or near North 
and South Island Points, in the vicinity of Georgetown — Georgetown County. 

1853, XII, 295. 

19. Site on Cape Island, Charleston County. — A site on Gape Island, on 
some point in the immediate vicinity of the present light-house, on Cape Ro- 
main, for a light-house — Charleston Count}-. 

1853, XII, 295. 



§ 4] OF SOUTH CAROLINA. 7 

20. Site in Charleston eor Harbor Light. — A site on the East Battery, 
in the City of Charleston, for a beacon or harbor-light. 

None of the sites ceded in sub-divisions 16 to 20, inclusive, to exceed ten 
acres in any one case ; nor shall such sites be used for any other purpose than 
the purposes specified; and nothing shall exclude or prevent process, civil or 
criminal, issuing from the Courts of this State, from being served or executed 
within the limits of said cessions. 

1853, XII, 295. 

21. Site for Beacon, in Range with Charleston Lighthouse. — A site 
for beacon to range with Charleston light-house. 

Site eor Day Beacon eor St. Helena Sound, Beaueort County. — A site 
for a day beacon for St. Helena Sound — Beaufort County. 

1854, XII, 315. 

22. Sites for Beacons for Callabogue Sound, Beaufort County. — Two 
sites for two beacons, to serve as a range for Callabogue Sound — Beaufort 
County. 

1854, XII, 316. 

23. Sites at North Edisto, Charleston County. — A site for light- 
house and beacon-light on the main land, at North Edisto — Charleston County. 

1854, XII, 316. 

24. Site on Hunting Island, Beaufort County. — A site for a light- 
house and beacon-light on the North Point of Hunting Island — Beaufort 
County. 

1854, XII, 316. 

25. Site on or Near Hilton Head, Beaufort County. — A site for a light- 
house and beacon-light, on or near Hilton Head — Beaufort County. 

None of the sites ceded in sub-divisions 21 to 25, inclusive, to exceed fifty 
acres in any one case ; the said sites shall be forever exempt from any taxes 
to be paid to this State, and the same restrictions shall attach thereto as attach 
to the cession of a lot on South Island, by the proviso in sub-division 14 of this 
Section. The cession of said sites shall not be construed to authorize their 
use for any other purpose than the purposes specified, nor to exclude or prevent 
any process, civil or criminal, issuing from the Courts of this State, from be- 
ing served or executed within the limits of the same. 

1854, XII, 316; 1856, XII, 592, § 3. 

26. Fifty Feet on South Battery, Charleston. — A site, restricted to fifty 
feet square, on South Battery, in the City of Charleston, for a beacon or har- 
bor-light, which shall be forever exempt from any taxes to be paid to this 
State; and shall be subject to the same restrictions as attach to the cession of 
a lot on South Island, by the proviso in sub-division 14 of this section. 

1854, XII, 315. 

27. Sites at Mt. Pleasant, Charleston County. — A site for a light- 
house, in or near Mount Pleasant, Charleston Harbor, not exceeding one acre. 

1856, XII, 591. 

28. Site at White Point, Charleston County. — A site for a beacon- 
light at White Point, in the City of Charleston, to be designated by the City 
Council of Charleston. 

1856, XII, 591. 

29. Site at Fort Point, Georgetown County. — A site for a light-house on 
Fort Point, near Georgetown, not exceeding twenty acres — Georgetown County. 

1856, XII, 591. 



8 CIVIL CODE [ § 4 

30. "Charleston Club Housi;/' on 2vIeeting Street, in Charleston. — 
A lot of land for a Court House and office connected therewith, for the use 
of the United States Courts, or for any other purposes to which the Govern- 
ment of the United States may think proper to apply it, viz. : All that lot, 
piece, or parcel of land, with the buildings thereon, known as the "Charleston 
Club House," situate, lying, and being on the west side of Meeting Street, in 
the City of Charleston, measuring and containing in front, on Meeting Street, 
fifty-eight feet, more or less, by about two hundred and thirty-six feet in 
depth, more or less ; bounding, north, on lands now or late of \Vm. P. Green- 
land ; to the east, on ]\Ieeting Street ; to the south, on lands of M. C. Mor- 
decai; and to the west, on lands of the French Protestant Church: Provided, 
That all process, civil or criminal, issued under the authority of this State, or 
any officer thereof, shall and may be served and executed on any part of the 
said premises, and on any person or persons there being, and implicated in any 
matter of law : And provided, always, That the said lot of land, and all the 
buildings and structures of every kind already thereon erected, or that may 
hereafter be erected thereon, shall be absolutely and forever exempt from all 
taxes of the County of Charleston, and the corporation of the City of Charleston, 
and of the aforesaid State. 

1870, XIV, 312, § 1. 

31. Hale an Acre in Columbia, Corner of Richardson and Laurel 
Streets. — A lot of land for a postoffice and Court House, and offices, con- 
nected therewith, for the use of the United States, or for any other purpose 
to which the Government of the United States may think proper to apply it, 
viz. : All that lot, piece, or parcel of land in the City of Columbia, situate, 
lying, and being on the corner of the streets known as Richardson Street and 
Laurel Street, measuring one hundred and four feet, more or less, on Richard- 
son Street, and two hundred and eight feet, more or less, on Laurel Street, 
and containing one-half an acre, more or less ; bounded on the north by Laurel 
Street; on the east by Richardson Street; on the south by lot formerly be- 
longing to Charles Beck, and now held by Hugh Weir; and on the west by lot 
formerly held by Robert N. Lewis, and, by his last will and testament, de- 
vised to Daniel B. Lewis, executor of said last will and testament of the said 
Robert N. Lewis : Provided, That all process, civil or criminal, issued under 
the authorit}' of the State, or any officer thereof, shall and may be served and 
executed on any part of the said premises, and on any person or persons there 
being and implicated in any matter of law : And provided, always. That the 
said lot of land, and all the buildings and structures of every kind alreadv 
thereon erected, or that may hereafter be erected thereon, shall be absolutelv 
and forever exempt from all taxes of the County of Richland, and the corpora- 
tion of the City of Columbia, and of the aforesaid State. 

1870, XIV, 326, § 1. 

32. The National Cemetery in Florence County. — The jurisdiction of 
the State is hereby ceded to the United States of America over certain land 
situate in the County of Florence, and near the town of Florence, known as 
the "National Cemetery." The United States are to retain such jurisdiction 
so long as such lands shall be used as a National Cemetery, and no longer. 
Such jurisdiction is granted on the express condition that the State of Soutli 
Carolina shall retain a concurrent jurisdiction with the United States in and 
over said lands, so far as that civil process in all cases not afifecting the real 
or personal property of the United States, and such criminal or other process 
as shall issue under the authority of the State of South Carolina against any 
person or persons charged with crime or misdemeanor committe'd within or 
without the limits of the said lands, may be executed thereon in the same way 
and manner as if no jurisdiction had been hereby ceded. 

XV, 312. 



§4] OF SOUTH CAROLINA. 9 

33. Shore Line of AIorris Island and of Sullivan's Island for Jetties 
FOR Charleston Harbor. — There is granted to the United States of America 
a quantity of land on StilHvan's Island, Charleston Harbor, not exceeding three 
hundred feet in length and two hundred feet in breadth, for the erection of 
the shore line of a jetty, to be erected for the improvement and deepening of 
the bar of Charleston harbor. The land so granted is described and located as 
follows : Starting from the magistral of the northeast salient angle of Fort 
Moultrie, thence running south two degrees seven and one-half minutes (2° 7j4') 
east, eight hundred and forty-six (846) feet, to a point near high-water line on 
the south shore of Sullivan's Island ; thence north eighty-six degrees thirty-five 
and one-half minutes (86° 35^') east, two thousand eight hundred (2,800) 
feet, to a point near the same high-water line ; thence north seventy-seven de- 
grees thirty-eight and one-half minutes (77° 38^^') east, two thousand one 
hundred and ninety and one-half (2,190j^) feet, to a point on the high-water 
line of said shore, which point is the south-west angle of the tract hereby con- 
veyed ; thence north seventy-seven degrees thirty-eight and one-half minutes 
(77° 38^') east, along said water-line three hundred (3(X)) feet; thence north 
twelve degrees twenty-one and one-half minutes (12° 21^') west; two hun- 
dred (200) feet; thence south seventy-seven degrees thirty-eight and one-half 
minutes (77° 38^') west, three hundred (300) feet; thence south twelve 
degrees twenty-one and one-half minutes (12° 21 J^') east, two hundred (200) 
feet, to the highTwater line at the before-mentioned south-west angle of the 
tract herein conveyed; and the accretion on the three hundred (300) feet of 
water-front of said tract shall also belong to the United States for the pur- 
poses aforesaid. 

XVI, 709. 

There is hereby granted to the United States of America a quantity of land 
on Morris Island, Charleston Harbor, sufficient for the erection of a shore line 
of a jetty for the improvement and deepening of the bar of Charleston Harbor, 
not exceeding fifteen hundred feet in length, measured on the high-water line, 
and two hundred feet in breadth, which land so granted may be located and 
selected either from the land now owned by the State of South Carolina at the 
north end of Morris Island ; and the accretion on the water-front of said land 
so granted shall also belong to the United States for the purposes aforesaid. 
That in addition to said lands herein granted, is also ceded to the United States 
of America such other quantity of land on ]\Iorris Island as may be needed 
for the shore line of the jetty aforesaid, belonging to any person or persons 
other than the State of South Carolina, so soon as such land has been or may 
be conveyed by the owner thereof to the United States of America : Provided, 
That a plat of all the lands herein granted and ceded shall be made and be 
deposited in the office of the Secretary of State under the supervision and di- 
rection of the proper officer of the United States in charge of the jetties. 

XVII, 95. 

Land Ceded for Charleston Jetties. — So much land of the State as may 
be needed for the permanent construction of the shore end of the jetties in 
Charleston Harbor lying on and next adjacent to ]\Iorris Island and the creeks 
and marshes contiguous thereto, be, and the same are hereby, granted to the 
United States of America, for the purpose of the erection and construction of 
said shore end of said jetties : Provided, The same do not exceed one hundred 
and fifty acres : Provided, further, That nothing herein contained shall be con- 
strued to impair or affect the rights of owners or of any private individuals 
claiming the said lands, or ony part thereof.'^ 

1899, XX, 290. 

4. It seems that high-water line is boundary of exclusive state territory. The Hungaria, 41 Fed. Rep. 110. 



10 CIVIL CODE [ § 4 

34. Certain Lands in Georgetown County between Winyah Bay and 
SanteE River. — Such lands as may be required for the purpose of connecting 
Winyah Bay and Santee River, in Georgetown County, so as to faciHtate com- 
merce. 

A. A. 1882. 

35. Land Ceded egr Georgetown Jetties. — There is hereby ceded to the 
United States of America, for the purpose of constructing jetties for the im- 
provement of the bar at the entrance of Winyah Bay, S. C, any and all rights 
of the State to the adjacent water-covered territory extending from high- 
water mark in certain lands granted by Bettie Mason Alexander and Edward 
P. Alexander to the United States of America, by deed bearing date the 17th 
of September, 1889, and recorded in the office of the Register of Mesne Con- 
veyance for Georgetown County, in Book K, page 692-695, outward about 
(500) five hundred feet, and also from the jetties to be constructed by the 
United States outward about five hundred feet in every direction into the 
Atlantic Ocean and Winyah Bay, respectively, and to any and all accretions 
to said territory growing out of the construction of said jetties, or from any 
other causes ; this territory being at present bounded as follows, to wit : 

Description oe Land Ceded on North Island. — North Island : Begin- 
ning at a point on the west side of the southern point of said island at the 
high-water line, about (1600) sixteen hundred feet distant, and south 4 de- 
grees 39 minutes east from the centre of the Georgetown Light-house ; and 
running thence due west about (1,200) one thousand two hundred feet; thence 
south 47 degrees 16 minutes east (62()0) sixty-two hundred feet; thence south 
63 degrees 45 minutes east (2800) twenty-eight hundred feet; thence south 84 
degrees east (10,200) ten thousand two hundred feet; thence north (1,000) 
one thousand feet; thence north 84 degrees west (9900) ninety-nine hundred 
feet; thence, north 63 degrees 45 minutes west (2400) twenty-four hundred 
feet; thence north 47 degrees 16 minutes west (2700) twenty-seven hundred 
feet; thence north 45 degrees east (2500) twenty-five hundred feet; thence 
west to the high-water line on the east side of North Island Point; thence 
around said point toward Winyah Bay, with the various meanderings of said 
high-water line to the beginning. 

Description of Land Ceded on South Iseand — Exemption from Taxes. 
— South Island: Beginning at a point on the beach of said island about (12,511) 
twelve thousand five hundred and eleven feet south of the eastern end of the 
southern boundary of land now belonging to W. C. Johnstone, and from which 
the Georgetown Light-house bears north 28^ degrees east, and the centre of 
the L". S. dyke across Lagoon Creek bears north 33^ degrees west, and runs 
thence in a southerly direction (800) eight hundred feet to a point on the high- 
water line; thence due east (22,100) twenty-two thousand one hundred feet; 
thence south (1,000) one thousand feet; thence due west to the high-water line 
on South Island ; thence with the various meanderings of said high-water line to 
the second corner from the beginning (counting the beginning corner as the 
first corner) : And provided also, That all the above deeded lands and territory 
shall be exempted from all State taxes, assessments and other charges, as pro- 
vided in Section 11, Chapter I of this Code, for the lands theretofore granted 
to the United States for similar purposes. 

Plat to Be Executed and Filed. — The proper officers of the L^nited States, 
in charge of said jetties, from time to time shall cause to be executed a plat of 
the lands which may be required for the purposes aforesaid, and file the same 
in the office of the Secretary of State of this State. 

1899, XX, 291. 



§4] OF SOUTH CAROLINA. 11 

36. Jurisdiction ove^r Ce^rtain Lands on SulIvIVan's Isi^and Give^n to 
THE United States. — The right, title and interest of this State to, and the 
jurisdiction and control of this State over, the following described tracts or par- 
cels of land and land covered with water, situated in the town of Moultrie- 
ville, on Sullivan's Island, in the County of Charleston, in this State, be, and 
the same are hereby, granted and ceded to the United States of .America as 
sites for the location, construction and prosecution of works of fortifications 
and coast defenses, to wit: All that tract or parcel of land, and land covered 
with water, bounded as follows : Beginning at the point of intersection of the 
eastern boundary line of the Fort Moultrie military reservation with the line 
of the southern side of Beach Avenue, and running thence along the southern 
side of said Beach Avenue, in an easterly direction, to its intersection with the 
western side of Sumter Street; thence along the western side of Sumter Street 
and along the western side of Sumter Street extended, in a southerly direction, 
to a point in the sea one hundred yards beyond low-water mark ; thence in a 
westerly direction, following the meanderings or intersections of a line in the 
sea one hundred yards beyond low-water mark to the eastern boundary line of 
the Ft. Moultrie military reservation extended and thence along the eastern 
boundary line of the Fort Moultrie military reservation extended, and along 
said eastern boundary line, in a northerly direction, to the place of beginning. 
Also, all that tract or parcel of land, and land covered with water, bounded as 
follows : Beginning at a point in the sea on the prolongation or extension, in a 
southerly direction, of the dividing line between Lot T and Lot U, as laid 
down on the plan of said town of Moultrieville, one hundred yards beyond 
low-water mark, and running thence in a northerly direction, along the pro- 
longation or extension of said dividing line, along said dividing line, and the 
line that divides Lot No. 224 from Lot No. 225, as laid down on the plan of said 
town of Moultrieville, to the southerly side of Ion Street ; thence in an easterly 
direction, along the southerly side of Ion Street, to the point of intersection 
of the southerly side of that street with the dividing line beween Lot No. 256 
and Lot No. 257, as laid down on the plan of said town of Moultrieville ; thence 
\r a southerly direction, along the dividing line between said Lots Nos. 256 
and 257, and the dividing line between Lot No. 260 and Lot No. 261, as laid down 
on the plan of said town of Moultrieville, and the prolongation or extension of 
said dividing lines, to a point in the sea one hundred yards beyond low-water 
mark ; thence in a southwesterly direction, following the meanderings or indenta- 
tions of a line in the sea- one hundred yards beyond low-water mark to the place 
of beginning, excepting from the tract or parcel of land so described and hereby 
ceded, the United States jetty reservation. Also, all that tract or parcel of land, 
and land covered with water, bounded as follows : Beginning at a point in the 
sea on the prolongation or extension, in a northerly direction, of the easterly 
side of Horry Street, one hundred yards beyond low-water mark, and running 
thence, in a southerly direction, along the prolongation of the easterly side of 
said Horry Street, and along the easterly side of said street to its intersection 
with the northerly side of East Middle Street or Beach Avenue ; thence in an 
easterly direction, along the northerly side of said East Middle Street or Beach 
Avenue, to the point of intersection of the northerly side of that street with the 
dividing line between Lot No. 269 and Lot 270, as laid down on the plan of 
said town of Moultrieville ; thence in a northerly direction along the dividing 
line between said Lots Nos. 269 and 270 and the dividing line between Lot 
No. 265 and Lot No. 266, as laid down on the plan of said town of Moultrieville, 
and the prolongation of said dividing lines, to a point in the sea one hundred 
yards beyond low-water mark ; thence in a southwesterly direction, following 
the meanderings or indentations of a line in the sea one hundred yards be- 
yond low- water mark, to the place of beginning. 

1896, XXII, 390. 



12 CIVIL CODE [ § 4 

Z7. Same. — Also the right, title and interest of this State to, and the juris- 
diction of this State over, the following described tract or parcels of land, and 
land covered with water, situated in the town of Moultrieville, on Sullivan's 
Island, in the County of Charleston, in this State, be, and the same are hereby, 
granted, and ceded to the United States of- America as sites for the location, 
construction and prosecution of works of fortifications and coast defense, and 
for the use of the garrison, to wit : 

All that tract and parcel of land, and land covered with water, bounded as 
follows : Beginning at a point on the prolongation or extension, in a northerly 
direction of the westerly line of Lot 159, as laid down on the plan of said town 
of Moultrieville, on the back beach, and one hundred yards beyond high-water 
line; thence in an easterly direction following the meanderings or indentations 
of a line one hundred yards beyond said high-water line to the intersection of 
the prolongation or extension in a northerly direction of the western line of 
Pettigru Street; thence in a southerly direction along said prolongation or ex- 
tension of the said westerly line of Pettigru Street, along said westerly line 
of Pettigru Street, and along the prolongation or extension in a southerly di- 
rection of said westerly line of Pettigru Street, to a point one hundred yards 
beyond low-water line in the sea; thence in a westerly direction, following the 
meanderings or indentations of a line in the sea one hundred yards beyond 
low-water line to its intersection with the prolongation or extension, in a 
southerly direction, of the eastern side of Marion Street; thence in a northerly 
direction along said prolongation or extension of the eastern side of Marion 
Street, and along said eastern side of Marion Street to its intersection with the 
northern side of Central Avenue; thence in a westerly direction along the 
northern side of Central Avenue to the southwest corner of Lot 159 aforesaid; 
and thence in a northerly direction along the western line of said Lot 159 
aforesaid, and along the prolongation or extension, in a northerly direction, of 
the western line of said Lot 159 to the place of beginning, excepting from the 
area described those portions which are occupied and in use by the public as 
highways, known as Central Avenue and Beach Avenue; and also all that 
tract and parcel of land, and land covered with water, bounded as follows : 
beginning at a point on the prolongation or extension, in a northerly direction, 
of the westerly line of Lot 131, as laid down on the plan of said town of Moul- 
trieville, on the back beach, and one hundred yards beyond high-water line ; 
thence in an easterly diiection following the meanderings or indentations of a 
line one hundred yards beyond said high-water line to the intersection of the 
prolongation or extension, in a northerly direction, of the eastern line of Marion 
Street ; thence in a southerly direction along said prolongation or extension 
of said easterly line of Marion Street along said easterly line of Marion Street, 
and along the prolongation or extension in a southerly direction of the said 
easterly line of Marion Street, to a point one hundred yards beyond low-water 
line in the sea; thence in a westerly direction following the meanderings or 
indentations of a line in the sea one hundred yards beyond low-water line of 
its intersection with the prolongation or extension in a southerly direction of 
the eastern side of Sumter Street ; thence in a northerly direction along said 
prolongation or extension of the eastern side of Sumter Street, and along said 
eastern side of Sumter Street to the place of beginning — excepting from the 
area described those portions which are occupied and in use by the public as 
highways, known as Central Avenue and Beach Avenue. 

1900, XXIII, 422. 

38. Same. — Also the right, title and interest of this State to, and the juris- 
diction of this State over, the lands comprising those portions of Central Ave- 
nue and Beach Avenue, in the town of Moultrieville, Sullivan's Island, in this 
State, which lie between Pettigru and Sumter Streets in said town of Aloultrie- 
ville, .are hereby ceded to the United States of America for military purposes; 



§4] OF SOUTH CAROLINA. 13 

and the portion of Beach Avenue herein ceded is vacated and discontinued as 
a public highway : Provided, That the portion of Central Avenue herein ceded 
shall be forever kept open as a public street; and this cession shall in no way 
interfere wath any private rights, or any franchise heretofore legally granted 
with reference to said Central Avenue : And Provided, further, That this State 
reserves the right to authorize the laying and maintaining of tracks for rail- 
road or traction purposes on and across the portion of Central Avenue ceded, 
or on lands contiguous thereto, and lying within 15 feet of the same. 

Provided, That there is hereby reserved to this State a concurrent jurisdic- 
tion for the execution within said lands mentioned in subdivisions 36, ?>? and 
38 of all process, civil or criminal, lawfully issued by the Courts of the State 
and not incompatible with this cession. 

Condition of the Grant. — The grant hereinbefore made in subdivisions 
36 and 37 is upon the condition that the said grant shall not be effectual 
as to any portion of the premises embraced in the foregoing description in which 
any person or persons have now any right, title or^interest, or upon which any 
person or persons now own or have any structures or improvements, until the 
United States of America shall have compensated such person and persons for 
such right, title and interest, and for such buildings, structures and improve- 
ments, and acquired the title of such person and persons thereto ; and said grant 
shall not be effectual until the United States of America shall have further com- 
pensated the parties who, at and before the cession of said jetty reservations, 
owned like interests or owned structures and improvements upon the territory 
heretofore ceded by this State to the United States of America for a jetty 
reservation. 

1901, XXIII, 608. 

Compensation — How Determined. — In case of the failure of the United 
States of America and any persons interested as aforesaid, or owner as afore- 
said, to agree upon the proper compensation to be paid as above provided, the 
United States of America is authorized to have the same determined by the 
verdict of a jury upon application by petition to the Court of Common Pleas 
for Charleston County, which shall be served as by law a summons in a civil 
action in said Court is required to be served, and the same shall be heard with- 
out delay at a term of said Court and under the direction of the presiding Judge 
thereof, and such determination shall be final and without appeal; and upon the 
amount so found being paid, with the cost of Clerk and Sheriff, if any, the 
right and title of the parties thereto shall vest in the United States of America. 

Streets, etc.. Included in Above Grant Vacated. — All streets, roads and 
highways within the said tracts or parcels of land except Central Avenue, as 
above stated, are vacated and discontinued from the time said grant becomes 
effectual. 

1896, XXII, 390; 1890, XXIII, 422. 

39. Certain Lands in Charleston Harbor Ceded for Sanitarium. — All 
those marsh lands next adjacent to Castle or Fort Pinckney, not already ceded 
to the United States of America, and consisting of fifty acres of marsh lands, 
more or less, be, and the same are hereby, granted unto the United States of 
America for the purpose of the erection, construction and maintaining of a 
Home or Sanitarium for disabled officers, soldiers and sailors of the army and 
navy of the United States of America. 

Land to Be Exempt from Taxes. — Said lands shall be, and continue, so 
long as the same shall be used for the purpose aforesaid, exonerated and dis- 
charged from all taxes, assessments and other charges which may be imposed 
under the authority of the State of South Carolina. 

Plat of Land to Be Made and Filed with Secretary of State. — The 



14 . CIVIL CODE [ § 4 

proper officers of the United States in charge of such institution shall cause to 
be executed a plat of the lands which may be acquired for the purpose herein 
mentioned, and file the same in the office of the Secretary of State of this State. 
1898, XXII, 962. 

40. Certain Lands in Town of MoultrievilIvE, Charleston County. — 
The right, title and interest of this State to, and the jurisdiction of this State 
over, the following described tract or parcel of land, and land covered with 
water, situated in the town of Moultrieville, on Sullivan's Island, in the County 
of Charleston, in this State, are hereby granted and ceded to the United States 
of America for the enlargement of the military reservations on said island, 
to wit : All that tract and parcel of land, and land covered with water, bounded 
on the west by Fort Moultrie Reservation and parade ground ; on the south 
by lands recently acquired by the United States for fortification purposes ; on 
the east by lands recently acquired by the United States for garrison purposes, 
and on the north by a line following the meandering or indentations of a line 
in the sea one hundred yard's beyond high-water line; the easterly and westerly 
boundaries to be extended to meet this last mentioned line : Provided, That 
there is hereby reserved to this State a concurrent jurisdiction for the execu- 
tion within said lands of all process, civil or criminal, lawfully issued by the 
Courts of this State, and not incompatible with this cession: Provided, further, 
That the portion of Central Avenue within the tract herein ceded shall be for- 
ever kept open as a public street, and shall, together with its continuation through 
the government reservation, be kept in proper condition and repair by the 
government; and this cession shall in no way interfere with any private rights 
or any franchise heretofore legally granted with reference to said Central Ave- 
nue : A7id Provided, further, That this State reserves the right to authorize 
the laying and maintaining of tracks for railroad or traction purposes on or 
across the portion of Central Avenue ceded, or on lands contiguous thereto, 
and lying within fifteen feet of the same. 

Condition oe Grant. — The grant hereinbefore made is upon condition that 
the said grant shall not be effectual as to any portion of the premises embraced 
•in the foregoing description in which any person or persons have now any 
right, title or interest, or upon which any person or persons now own or have 
any structures or improvements, until the United States of America shall have 
compensated such person or persons for such right, title and interest, and for 
such buildings, structures and improvements, and acquired the title of such 
person or persons thereto. 

Failure to Agree on Compensation. — In case of the failure of the United 
States of America and any persons interested as aforesaid, or owner as afore- 
said, to agree upon the proper compensation to be paid as above provided, the 
United States of America is authorized to have the same determined by the 
verdict of a jury, upon application by petition to the Court of Common Pleas 
for Charleston County, which shall have exclusive jurisdiction of the same, and 
which shall be served as by law a summons in a civil action in said Court is 
required to be served, and the same shall be heard without delay at a term of 
said Court and under the direction of the presiding Jvidge thereof, and such 
determination shall be final and without appeal, and upon the amount so found 
being paid, with all costs of the proceedings, if any, the right and title of the par- 
ties shall vest in the United States of America. 

All streets, roads and highways, except Central Avenue, within the said tract 
or parcel of land, are vacated and discontinued from the time the said grant 
becomes effectual. 
1903, XXIV, 4. 

41. Certain Lands in Charleston County and Lands Covered with 
Water. — The right, title and interest of this State to, and the jurisdiction and 



§4] OF SOUTH CAROLINA. 15 

control of this State over, a strip of land, and land covered with water, four 
hundred feet wide and lying two hundred feet on each side of the centre line 
of the route selected by the United States of America for inland waterways 
between Charleston harbor and a point opposite McClellanville, is hereby granted 
and ceded to the United States of America, for the purpose of constructing and 
improving the said inland waterways between Charleston harbor and a point 
opposite the town of McClellanville, in the said Charleston County, and is de- 
scribed as follows, to wit : From the cove back of Sullivan's Island following 
the deepest water of Sullivan's Island Narrows to the bend next east of the 
point known as Spanish Fort; thence the route leaves the natural waterway, 
and a marsh cut is to be made across a long bend ; thence along the deepest 
part of the natural waterway to Branch Inlet, and thence back of Isle of Palms 
to Meeting Reach, and through same to Seven Reaches ; thence through Seven 
Reaches to Dewees Inlet; thence to and through Bull Yard Sound and into 
Capers Inlet ; thence to and through Santee Pass to Price's Inlet ; thence to 
and through Bull Narrows, having one marsh cut across a bend at or near the 
narrowest part of this passage; thence through Bull Creek and across the 
marsh to Sewee Creek ; thence across marsh to Van Ross Creek ; thence down 
same and across the marsh to Vanderhorst Creek ; thence through marsh to 
Belvedere Creek; thence up Belvedere Creek and through marsh to Salt Pond 
Creek; thence up Salt Pond Creek and through marsh to Graham's Creek; 
thence up Graham's Creek, cutting across one sharp bend and through marsh to 
Owendaw Creek ; thence down Owendaw Creek and Harbor River to Long 
Creek; thence by Long Creek and a marsh cut to Bull River; thence down 
Bull River to Five Fathom Creek, which junction is the nearest point in the 
proposed route to McClellanville : Provided, That there is hereby reserved to 
this State a concurrent jurisdiction for the execution within said lands of all 
process, civil or criminal, lawfully issued by the Courts of the State, and not 
incompatible with this cession. 

Dre;dging Material May Be: De^posite^d on Adjoining Marsh Lands. — 
The material dredged from the proposed channel in order to widen and deepen 
the same may be disposed of by depositing such material upon the adjoining 
marsh lands outside of the strip of land designated herein, if such disposal be 
found necessary or desirable for construction or maintenance of said channel : 
Provided, That by the use of said adjoining lands for purposes aforesaid, the 
United States of America shall not acquire any right, title or interest in or 
to the said lands outside of the strip four hundred feet wide, excepting the 
right to deposit material thereon. 

Condition of GRANT.^The grant hereinbefore made is upon the condition, 
that the said grant shall not be effectual as to any portion of the premises em- 
braced in the foregoing description in which any person or persons have now 
any right, title or interest, or upon which any person or persons have now any 
legal structures or improvements, until title shall have been acquired by the 
United States of America to said right, title or interest, or to such structures 
or improvements. 

All lands and tenements which may be granted as aforesaid to the United 
States of America shall be, and continue (so long as the same shall be used for 
the purposes hereinbefore mentioned), exonerated and discharged from all 
taxes, assessments and other charges which may be imposed under the author- 
ity of the State of South Carolina. 

1903, XXIV, 6. 

42. Lot in Florence; e'or Ere^cting Public Building. — The right, title and 
interest of this State to, and the jurisdiction of this State over, the following 
described lot or parcel of land are hereby granted and ceded to the United 
States of America, for the erection of a public building, to wit : That lot of 



16 CIVIL CODE [ § 4 

land in the City of Florence, County of Florence, and State of South Carolina, 
situate on the northwestern corner of Evans and Irby streets, fronting on each 
street one hundred and fifty feet, and known on the plat of the City of Flor- 
ence, made by J. W. Brunson, surveyor, May 5th, 1896, as the eastern part of 
lot 21, in sectional block C, and bounded north by lot No. 20, east by Irby 
Street, south by Evans Street and west by part of lot No. 21 : Provided, That 
there is hereby reserved to this State a concurrent jurisdiction for the execu- 
tion within said lot of all processes, civil or criminal, lawfully issued by the 
Courts of this State, and not incompatible with this cession. 

1904, XXIV, 460. 

43. Sites in Columbia, Spartanburg, Rock Hill, and Georgetown. — 
The consent of the State of South Carolina is hereby given in accordance with 
the 17th clause of the 8th Section, of Article I., of the Constitution of the 
United States to the acquisition by the United States, b}^ purchase, condemna- 
tion, or otherwise of the several lots or parcels of land in this State hereinafter 
mentioned or described, to wit: 1. A site in or near the city of Columbia, 
County of Richland, for a weather bureau for the government. 2. A site in the 
city of Spartanburg, County of Spartanburg, for a postoffice and courthouse, 
described as follows : Beginning at the southwest corner of North Church and 
Walnut streets in said city, and running thence westerly with said \A^alnut 
street, one hundred forty-one and two-tenths feet to stake; thence south 29 
degrees east, one hundred and forty-seven feet to stake; thence easterly to 
North Church street, one hundred thirty-nine and six-tenths feet; and thence 
northerly with North Church street one hundred forty-seven and five-tenths 
feet to the beginning corner, being the lot conveyed to the United States of 
America by J. F. and J. B. Cleveland, by deed dated April 24th, 1903. 3. A site 
in the city of Rock Hill, County of York, for a postoffice and courthouse, de- 
scribed as follows : Beginning on the east corner of Caldwell and Main streets, 
and running along said Caldwell street one hundred and thirty-six feet to 
corner, thence along the line of the Roach lot one hundred and thirty feet to 
corner; thence along the line of the estate of Fannie B. Reid to corner on Main 
street one hundred and thirty-five feet ; thence to beginning corner one hundred 
and thirty feet, bounded by said streets, the Roach lot and lands of the estate 
of Fannie B. Reid. being the identical lot conveyed to the United States of 

America by the heirs of the estate of John Roach, by deed dated the day 

of , 190 — , 4. A site in the city of Georgetown, County of Georgetown, 

for a public building for the purposes of the government, described as follows : 
All that certain piece, parcel or lot of land, situate, lying and being at the corner 
of King and Front streets, in said city of Georgetown, and measuring on King 
street one hundred and twenty feet, and on Front street one hundred and thirty 
feet, and bounded by Front street. King street, and on all other sides by lands 
of the estate of George R. Congdon, deceased, being the same premises con- 
veyed by said George R. Congdon, in his lifetime, to said United States of 
America, by deed bearing date the 9th day of May, 1903, and duly recorded 
in the office of the Register of Mesne Conveyances for said Georgetown County, 
in Book V, page 317. 

Jurisdiction oe State Ceded. — The right, title and interest of this State to, 
and its jurisdiction over, the said lots or parcels of land are hereby ceded to the 
United States of America : Provided, That the jurisdiction hereby ceded shall 
not vest until the United States shall have acquired the title to the said lands 
by purchase, condemnation or otherwise, and shall continue so long as the said 
lands shall remain the property of the United States: And provided, further, 
That the State of South Carolina shall retain jurisdiction for the execution 
within said lands of all process, civil or criminal, lawfully issued by the author- 
ity of this State, and not incompatible with this cession. 



§4] OF SOUTH CAROLINA. 17 

Lands Exe;mpt from State Taxation. — The said lands and all the build- 
ings and structures of every kind which may be erected thereon shall be exempt 
from all State, County and municipal taxation, assessments, or other charges 
which may be levied or imposed under the authority of this State so long as 
the same shall remain the property of the United States. 

1904, XXIV, 470. 

44. Certain Lands in Jown of MouetrievillE, Charleston County — 
Reservations. — The right, title and interest of this State to, and the jurisdic- 
tion of this State over, the following described tract or parcel of land, and land 
covered with water, situated in the town of Moultrieville, on Sullivan's Island, 
in the County of Charleston, in this State, are hereby granted and ceded to the 
United States of America, for the enlargement of the military reservations on 
said Island, to wit : All that tract and parcel of land, and land covered with 
water, on the eastern end of Sullivan's Island aforesaid, lying to the south of 
the right of way of the Seashore Division of the Charleston Consolidated Rail- 
way, Gas and Electric Company, and east of the street known as Sixth street, 
and of the same extended southward to low water mark on the plan of Moul- 
trieville, made by Lamble, Surveyor, in 1899, and recorded Book — , page — , 
R. M. C. office, Charleston County : Provided, That there is hereby reserved 
to this State a concurrent jurisdiction for the execution within said lands of all 
process, civil or criminal, lawfully issued by the Courts of this State, and not 
incompatible with this cession : Provided, further, And the said grant is made 
subject to the following reservations and exception, to wit: that such portion 
of the front beach of said Sullivan's Island included within the limits of said 
grant, as lies below a line drawn along said beach twenty (20) feet above high- 
water mark, and parallel thereto, shall be always open to the public as a foot- 
way and driveway, so that the public shall have the free and unobstructed right 
of passage by foot and carriage upon, over and across the same, subject to the 
right of the said United States Government to close and exclusively occupy the 
same, so far as the reservations in this proviso are concerned, at the following 
times and under the following circumstances, to wit : 

When Driveway May Be Closed. — 1. During hours of actual target prac- 
tice in, over or upon the said portion of the said premises (during which time 
of closure, due and proper notice of the same shall be given to the public). 

2. During hours of actual military drill in, over and upon the said portion of 
the said premises, and 

3. During time of war. 

Grant Not to Cover Private Property. — The grant hereinbefore made is 
upon condition that the said grant shall not be effectual as to any portion of the 
premises embraced in the foregoing description in which any person or persons 
have now any right, title or interest, or upon which any person or persons now 
own, or have any structures or improvements, until the United States of Amer- 
ica shall have compensated such person or persons for such right, title and 
interest, and for such building, structures and improvements, and acquired the 
title of such person or persons thereto. 

How Value Determined. — In case of the failure of the United States of 
America and any person interested as aforesaid or owner as aforesaid, to agree 
upon the proper compensation to be paid, as above provided, the United States 
of America is authorized to have the same determined by the verdict of a jury, 
upon application by petition to the Court of Common Pleas of Charleston 
County, which Court shall have exclusive jurisdiction of the same, and which 
petition shall be served as by law a summons in a civil action in said Court is 
required to be served, and the said cause shall be heard without delay at a term 
of said Court and under the direction of the presiding Judge thereof, and such 
determination shall be final and without appeal; and upon the amount so found 
S C C— 2 



18 CIJ7L CODE [ § 4 

being paid, with all costs of the proceedings, if any, the right and title of the 
parties shall vest in the United States of America. 

Streets and Roads \'acated. — All streets, roads, rights of way and high- 
ways within said tract or parcel of land are vacated and discontinued from the 
time the said grant becomes effectual, saving such as are expressly excepted 
or reserved in this subdivision. 

1905, XXIV, 825. , 

45. Certain Lands in Mouetrievieee, Charleston County — Reserva- 
tions AND Exceptions. — The right, title and interest of this State to and in, 
and the jurisdiction of this State over, the following described lands, situated 
in the town of Moultrieville, on Sullivan's Island, in the County of Charleston, 
in this State, are hereby granted and ceded to the United States of America for 
the enlargement of the military reservations on said island, to wit: All those 
pieces or parcels or tracts of land, lying and being in the said town of Moultrie- 
ville, and comprising, not only the two lots designated by the letters "O" and 
"P" on a plan of Moultrieville compiled from official maps and surveys by 
H. S. Lamble, Civil Engineer, in April, 1902, and recorded July 15th, 1902, at 
page 189 of Plat Book D, in the office of the Register of Mesne Conveyances 
for the said County of Charleston (on which or a part of which said two lots 
"O" and "P" is located the Life Saving Station), but also the land of the same 
width as that of the said two lots together and extending in front of and from 
the said two lots down to mean low-water mark; the said two lots "O" and 
"P" together measuring two hundred (200) feet, more or less, from rear to 
front and two hundred and twenty-five (225) feet, more or less, in width, and 
butting and bounding northeastwardly on Patrick street, northwestwardly on 
Ion street, southwestwardly on the lot designated by the letter "N" on said plan, 
and southeastwardly on Atlantic street or the front beach: Provided, That 
there is hereby reserved to this State a concurrent jurisdiction for the execu- 
tion upon or within said lands of all process, civil and criminal, lawfully issued 
by the Courts of this State, and not incompatible with this cession : And Pro- 
vided, further, And the said grant is made subject to the following reservations 
and exceptions, to wit: that such portion of the front beach of said Sullivan's 
Island included within the limits of said grant as lies below a line drawn along 
said beach twenty (20) feet above high-water mark, and parallel thereto, shall 
be always open to the public as a footway and driveway, so that the pubHc shall 
have the free and unobstructed right of passage by foot and vehicle upon, over 
and across the same, subject to the right of the United States Government to 
close and exclusively occupy the same, so far as the reservations in this proviso 
are concerned, at the following times and under the following circumstances, 
to wit: (1) During hours of actual target practice in, over and upon the said 
premises (prior to which time of closure due and proper notice of the same shall 
be given to the public). (2) During hours of actual military drill in, over and 
upon the said premises, and (3) During time of war. 

United States to Compensate Land Owners. — The grant herein and 
hereby before made is upon condition that it (the said grant) shall not be ef- 
fectual as to any portion of the premises embraced in the foregoing description 
in or to which any person or persons have now any right, title or interest, or 
upon which any person or persons now own or have any buildings, structures or 
improvements, until the United States of America shall have compensated such 
person or persons for such right, title and interest and for such buildings, struc- 
tures and improvements, and shall have acquired the right, title and interest of 
such person or persons thereto or therein. 

Failure to Agree as to Compensation. — In case of the failure of the 
United States of America and any person interested as aforesaid or owner as 
aforesaid to agree upon the proper compensation to be paid as above provided, 



§4] OF SOUTH CAROLINA. , 19 

the United States of America is authorized to have the same determined by the 
verdict of a jury, upon apphcation by petition to the Court of Common Pleas 
of Charleston County, which Court shall have exclusive jurisdiction of the same, 
and which petition shall be served as by law a summons in a civil action in said 
Court is recj[uired to be served, and the said cause shall be heard without delay 
at a term of said Court and under the direction of the presiding Judge thereof, 
and such determination shall be final and without appeal ; and upon the amount 
so found being paid, with all costs of the proceedings, if any, the right, title and 
interest of such person or owner thereto and therein shall vest in the United 
States of America. 

Streets and Roads Vacated. — All streets, roads, rights of way and high- 
ways within said lands are vacated and discontinued from the time this grant 
shall become effectual, saving such as are expressly excepted or reserved in 
this subdivision. 

1906, XXV, 19. 

46. Sites in Chester, Anderson and Greenwood. — The consent of the State 
of South Carolina is hereby given, in accordance with the 17th clause of the 8th 
Section of Article I, of the Constitution of the United States, to the acquisition 
by the United States, by purchase, condemnation, or otherwise, of the several 
lots or parcels of land in this State hereinafter mentioned or described, to wit: 
1. A site in the city of Chester for a postoffice or courthouse building, described 
as follows : Beginning at the north corner of the intersection of Main and Wylie 
streets, thence north 46 deg. 00 min., west 130 feet along Wylie street to west 
corner, thence north 44 deg. 15 min., east 120 feet to north corner, thence south 
46 deg. 00 min. east, to east corner 127 feet and 5 inches to the east corner, 
thence south 44 deg. 40 min., west 120 feet to the beginning corner, being the 
south corner of said lot, bounded by the said Main and Wylie streets and the 
lands of John J. Hemphill and G. Brown Wliite. 2. A site in the city of An- 
derson for a postoffice building, at the northwest corner of North Main and a 
new street known as Federal street, beginning at the intersection of the said 
streets and running along Federal street south 79 deg., west 135 feet to corner _ 
on Federal street, thence north 11 deg., west 150 feet to corner, thence north 79 
deg. east 135 feet to corner on Main street, thence south 11 deg., east 150 feet 
along Main street to the beginning corner. 3. A site in the city of Greenwood for 
a postoffice building, described as follows : All and singular that certain lot or 
parcel of land, situate in the northwestern corner of Main and Oregon streets, 
of the city of Greenwood, County of Greenwood, South Carolina, containing 
thirty-five one-hundredths of an acre, and bounded north one hundred and 
twenty feet by lot of Mrs. C. T. Bailey; east one hundred and thirty feet by 
Main street; south one hundred and twenty feet by Oregon street; and west 
one hundred and thirty feet by lot of Mrs. C. T. Bailey. 

TiTEE Ceded. — The right, title and interest of this State to, and its jurisdic- 
tion over, the said lots or parcels of land are hereby ceded to the United States 
of America: Provided, That the jurisdiction hereby ceded shall not vest until 
the United States shall have acquired the title to the said lands, by purchase, 
condemnation, or otherwise, and shall continue so long as the said lands shall 
remain the property of the United States : And Provided, further, That the 
State of South Carolina shall retain jurisdiction for the execution within said 
lands of all process, civil or criminal, lawfully issued by the authority of this 
State, and not incompatible with this cession. 

Exemption from Taxation. — The said lands, and all the buildings and 
structures of every kind which may be erected thereon, shall be exempt from all 
State, County and municipal taxation, assessments, or other charges which may 
be levied or imposed under the authority of this State, so long as the same shall 
remain the property of the United States. 

1907, XXV, 634. 



20 CIVIL CODE [ § 4 

47. Tracts in CHARr,E;sTON, Beaufort axd Georgetown Counties for 
Quarantine Purposes. — The right, title and interest of this State to, and the 
jurisdiction of this State over, the following described tracts of land, and land 
covered by water, situated in the Counties of Charleston, Beaufort and George- 
town, in this State, is herebj^ granted and ceded to the United States of America 
for the purposes of quarantine, to wit: 

A. A Tract of Land on James Island and Buildings. — 1. A tract of land 
on James Island. Charleston Harbor, South Carolina, lying and being upon the 
easterly, southerly and westerly sides of the land belonging to the United States 
Government and known as the Fort Johnson Reservation, being ninety acres, 
more or less, and including the marsh land and tide flats east and south of said 
Fort Johnson Reservation to low-water line. 

2. The buildings now on said ninety-acre tract, consisting of one two-story 
frame house, about 40 ft. x 35 ft., known as the medical officers' quarters, with 
a 20 ft. X 11 ft. semi-detached kitchen and a one-story frame storehouse in the 
immediate vicinity, about 20 ft. x 10 ft. in size, and the lazaretto buildings, on 
Shell Point, consisting of a pest house, one story, frame, 15 ft. x 30 ft.; isola- 
tion hospital, one story, frame, 32 ft. x 20 ft., with a brick cistern in rear; 
keeper's house, one story, frame, 29 ft. x 36 ft., with 20 ft. x 12 ft. detached 
kitchen, and a small privy. 

B. Quarantine Station at Georgetown. — The Quarantine Station, at 
Georgetown, South Carolina, on South Island, entrance to Georgetown Harbor, 
consisting of five acres of land, more or less, a residence and outbuildings. 

C. Quarantine Station at Buzzard Island, Beaufort County. — The 
Quarantine Station, on Buzzards' Island, at the entrance to St. Helena Sound, 
consisting of ten acres, more or less, officers' quarters, two hospital buildings, 
and quarters for crew. 

D. Quarantine Station at Paris Island, Beaufort County. — The 
Quarantine Station, on Paris Island, Port Royal Sound, consisting of fifteen 
acres, more or less, an officer's residence, two hospitals and outbuildings. 

1907, XXV, 636. 

State Board of Health to Transfer Lands. — The State Board of Health 
shall, and it is hereby authorized and directed, to convey and transfer to the 
United States, all buildings and appurtenances upon, or appertaining to said 
tract of land, and also all machinery, plant, boats, tools and other personal prop- 
erty used at or belonging to either or all of said quarantine stations, in consid- 
eration of a sum of money to be ascertained and fixed as follows : The value 
of the property to be assessed by a representative of the United States and the 
Chairman of the State Board of Health, or such person as he may appoint; 
and should these two differ, they shall have power to agree upon a third person, 
who shall act as arbitrator between the two. 

1908, XXV, 1132. 

48. Lot in Sumter. — The right, title and interest of this State to, and the 
jurisdiction of this State over, the following described lot or parcel of land are 
hereby granted and ceded to the L'nited States of America, for the erection of a 
public building, to wit : That lot of land in the city of Sumter, County of Sumter, 
and State of South Carolina, situate on the southeastern corner of Main and 
Caldwell streets, of said city, fronting and measuring on said Main street one 
hundred and fifteen (115) feet, and on Caldwell street one hundred and thirty 
(130) feet, and bounded on the north by said Caldwell street; on the east by 
land of C. G. Rowland and others ; on the south by land of C. G. Rowland and 
others; and on the west by said Main street: Provided, That there is hereby 
reserved to the State of South Carolina concurrent jurisdiction for the execu- 
tion within and upon the premises hereby granted of all processes, civil or crim- 



§4] OF SOUTH CAROLINA. 21 

inal, lawfully issued by the Courts of this State, not incompatible with this 
cession. 

1907, XXV, 638. 

49. Lot in Aiken. — The right, title and interest of the State of South Car- 
olina to, and the jurisdiction of this State over, the following described lot or 
parcel of land are hereby granted and ceded to the United States of America, 
for the erection of a public building, to wit: All that certain piece, parcel or 
lot of land, situate, lying and being in the city of Aiken, in the County and 
State aforesaid, beginning at the southwest corner of Park avenue and Laurens 
street, running thence southerly with the west line of Laurens street one hun- 
dred and forty (140) feet; thence westerjy at right angles with Laurens street, 
one hundred and twenty (120) feet; thence northerly, parallel with Laurens 
street, one hundred (100) feet, more or less; thence easterly with Park avenue 
one hundred and twenty (120) feet, more or less, to the point of beginning. 
And has such forms, marks, courses and distances as is represented on a plat 
of the same,, which is hereto attached, and made a part and parcel of this deed. 

Exclusive jurisdiction in and over the said lot or parcel of land, when acquired 
as hereinafter provided by the United States, shall be ceded to the United 
States for the purposes mentioned, except the service upon such sites of all 
civil and criminal process of the Courts of this State; but the jurisdiction so 
ceded shall continue no longer than the United States shall own such piece of 
land. 

The jurisdiction ceded shall not vest until the United States shall have ac- 
cjuired the title thereto, by purchase from its owner, and so long as the said 
lot or parcel of land shall remain the property of the United States when ac- 
quired as aforesaid, and no longer, the same shall be and continue exempt and 
exonerated from all State, County and municipal taxation, assessment, or other 
charges which may be levied or imposed under the authority of this State. 

1907, XXV, 638. 

50. Preamble to Grant op Certain Lands in ChareEston Harbor to 
United States. — I. Whereas, by and under the Act of the General Assembly 
of the State of South Carolina, entitled "An Act to grant to the City Council 
of Charleston and its successors the title and interest of the State to certain 
lands in Charleston County for the purposes of a Naval Station," and approved 
the 8th day of February, A. D. 1901 (23d Volume of the Statutes at Large of 
South Carolina, page 607), the right, title and interest of the State of South 
Carolina in and to the following described tract or parcel of land, and land 
covered with water, situated in the County of Charleston, in the State of South 
Carolina, was granted and ceded to the City Council of Charleston and its suc- 
cessors, to wit: "All that tract or parcel of land, and land covered with water, 
situate, lying and being on the west bank of the Cooper River, in the County of 
Charleston, in this State, measuring and containing seven hundred and sixty 
acres, more or less, butting and bounding to the north by lands of Mrs. W. W. 
Lawton, and by the Cooper River, on the east by the Cooper River, on the 
south by Ship Yark Creek, and on the west by Ship Yark Creek, as is delineated 
on a map of the city of Charleston and vicinity, made by J. H. Dingle, City 
Surveyor, December, 1900," and so forth : 

And whereas, by virtue and in pursuance of and under the foregoing Act of 
the General Assembly of the State of South Carolina, and a Resolution unani- 
mously adopted by the said the City Council of Charleston on the 14th day of 
May, A. D. 1901, and in consideration of the sum of one dollar, J. Adger 
Smyth, as Mayor of the city of Charleston, did (by deed, dated the 12th day 
of August, A. D. 1901, and recorded on the 14th day of August, A. D. 1901, 
in the office of the Register of Mesne Conveyances for the said County of 
Charleston, at page 247 of Book X 23) convey in fee simple unto the United 



22 CIVIL CODE [ § 4 

States of America the above described tract or parcel of land, and land covered 
with water, for the uses and purposes and in accordance with "the limitations set 
forth in the above recited Act for the General Assembly of the State of South 
Carolina — and so forth — as will more fully appear on reference to the said deed 
and plat and the said record thereof : 

II. And whereas, by virtue and in pursuance of and under a Resolution 
unanimously adopted by the said City Council of Charleston on the 14th day of 
May, A. D. 1901, and in consideration of thirty-four thousand two hundred and 
six dollars, J. Adger Smyth, as Alayor of the city of Charleston, did (by deed, 
dated the 12th day of x\ugust, A. D. 1901, and recorded on the 14th of August, 
A. D. 1901, in the office of the said Register of ]\Iesne Conveyances, at p. 245 of 
Book X 23) also convey in fee simple* unto the United States of America all the 
right, title, interest and estate of the said City Council of Charleston in and to "all 
that certain piece, parcel and tract of land, containing one hundred and seventy- 
one three one-hundredths (171 3-100) acres, bounded north by Noisette Creek, 
on the east by Cooper River, on the south by lands of Cecilia Lawton, and on 
the west by other lands belonging to the said city of Charleston. The piece, par- 
cel and tract of land hereby conveyed constitutes a portion of 'Chicora Park,' 
and is specifically shown and designated on the plat of the same made by A. J. 
Menocal, Engineer, U. S. Navy, being wholly within the red lines laid down on 
the said plat" — and so forth — as will more fully appear on reference to the said 
last mentioned deed and plat and the said record thereof : 

III. And whereas, in consideration of the sum of fifty thousand dollars, Ce- 
cilia Lawton did (by deed, dated the 12th day of August, A. D. 1901, and 
recorded on the 14th day of August, A D. 1901, in the office of the said Reg- 
ister of Mesne Conveyances, at page 234, of Book X 23) also convey in fee 
simple unto the United States of America, "all that certain piece, parcel and 
tract of land situate, lying and being in the said County of Charleston and State 
aforesaid, on the west bank of the Cooper River, measuring and containing two 
hundred and fifty-eight and eleven one-hundredths (258 and 11-100) acres more 
or less, bounded on the north by lands of the said city of Charleston, known as 
'Chicora Park,' on the east by Cooper River, on the south by land of Mappus, 
J. C. H. Claussen and the Old Clement's Ferry Road and a body of marsh land, 
and on the south by other lands of the said Cecilia Lawton ; the land hereby 
conve3^ed being a portion of a certain plantation or tract of land conveyed to 
the said Cecilia Lawton by Gabriel E. Manigault, by his deed of conveyance 
bearing date the 2d of December, A. D. 1880, and having such courses, distances, 
metes, bounds and shape as is represented on a plat thereof made by A. J. Men- 
ocal, Engineer, L'nited States Navy, and is fully delineated by and confined 
within the red lines of said plat, and including all the right, title and interest 
of the said Cecilia Lawton in and to the body of marsh land of ninety (90) 
acres more or less, which she, the said Cecilia Lawton, took by virtue of said 
conveyance to her by Gabriel Manigault, as well as any claim or interest she, 
the said Cecilia Lawton, may have or could have in and to any portion of a 
body of marsh land ceded by the State of South Carolina to the City Council of 
Charleston by the Act of the General Assembly, approved February 8th. A. D. 
1901" — and so forth — as will more fully appear on reference to the said last 
mentioned deed and plat and the said record thereof : 

IV. And whereas, in consideration of the sum of one thousand dollars, Maria 
D. ^^'inthrop did (by deed, dated the 21st day of March, A. D. 1902. and re- 
corded on the day of . A. D. 1902, in the office of the Register of 

Mesne Conveyances for the County of Berkeley, in th.e State of South Caro- 
lina, at page — , of Book — ) also convey in fee simple unto the United States 
■of America "All that piece, parcel or tract of marsh land, containing nine hun- 
■dred and thirty-seven acres more or less, situate, lying and being in the Parish 



§4] OF SOUTH CAROLINA. 23 

of St. Thomas, in the County of Berkeley and State aforesaid, on the east 
side of Cooper River, according to a survey made for the purpose of this con- 
veyance by J. H. Dingle, Surveyor — the said land being bounded on the south 
and west by the said Cooper River, on the east by Clouter's Creek and Broad 
Creek, and on the north by a similar tract of marsh land, now the property of 
this grantor, and being the southernmost portion of a body of marsh land 
originally granted by the State of South Carolina to Charles Parker by its 
grant, dated November 3d, 1845" — and so forth — as will more fully appear 
on reference to the said last mentioned deed and plat and the said record 
thereof : 

V. And whereas, by virtue and in pursuance of and under a resolution unan- 
imously adopted by the said City Council of Charleston on the 12th day of July, 
A. D. 1902, and in consideration of the sum of nineteen thousand three hun- 
dred dollars, J. Adger Smyth, as Mayor of the city of Charleston, did (by 
deed, dated the 20th of November, A. D. 1902, and recorded on the 21st day 
of November, A. D. 1902, in the office of the said Register of Mesne Convey- 
ances for Charleston County, at page 30, of Book F 24) also convey in fee 
simple unto the United States of America, "All that certain piece, parcel and 
tract of land situate, lying and being in the County of Charleston, in the State 
of South Carolina, westward of and adjoining the United States Navy Yard, 
and containing ninety-six and one-half (96.5) acres more or less, and having 
such shape, metes, marks, bounds, dimensions and distances as is represented on 
a plat thereof made by J. W. G. Walker, Civil Engineer, United States Navy, 
on the 9th day of September, A. D. 1902" — and so forth — as will more fully 
appear on reference to the said last mentioned deed and plat and the said 
record thereof: 

VI. And whereas, by virtue and in pursuance of and under the Act of Con- 
gress, entitled "An Act making appropriations for the naval service for the 
fiscal year ending June 30, 1904, and for other purposes," and approved March 
3, 1903, and in consideration of the sum of eight dollars and thirty-nine cents. 
the United States of America, through the Secretary of the Navy of the United 
States, did (by deed, dated the 16th day of April, A. D. 1903, and recorded 
on the 20th day of April,- A. D. 1903, in the office of the said Register of Mesne 
Conveyances for Charleston County, at page 156 of Book F 24) reconvey in 
fee simple unto the said the city of Charleston, "All that certain piece, parcel 
and tract of land, situate, lying and being in the said County of Charleston and 
State aforesaid, on the south bank of Noisette Creek, containing one thousand 
eight hundred and twenty-six and seven-tenths square feet more or less, and 
bounded as follows, that is to say : On the north by Noisette Creek, on the 
southeast by a line running in continuation of the northwestern boundary line 
of the present Naval Hospital tract from the point where said line intersects 
the western boundary line of the Navy Yard tract to said creek, on the south- 
west by the present western boundary line of the Navy Yard tract, from the 
point where said line is intersected by the northwestern boundary line of the 
Naval Hospital tract to said creek, as shown approximately on plat appended 
hereto" — and so forth — as will more fully appear on reference to the said last 
mentioned deed and plat and the said record thereof : 

Vn. And whereas, the State of South Carolina, in all cases in which grants 
of lands have been made by the State directly by and under Acts of her Gen- 
eral Assembly until the United States of America, hath also in such grants 
ceded to the United States of America the State's jurisdiction over the lands 
granted ; therefore, 

1907, XXV, 548. 

State Jurisdiction Over Certain Lands in Charleston County Granted 
AND Retained. — The jurisdiction and control of the State of South 



24 CIVIL CODE [ § 4 

Carolina in and over the several above described pieces, parcels and 
tracts of land and land covered with water (less and other than the 
above described 1826.7 square feet, more or less, reconveyed by the 
United States of America to the State of South Carolina, on the 16th 
day of April, A. D. 1903, as aforesaid) are hereby granted and ceded to 
the United States of America : Provided, That such jurisdiction and control 
are hereby granted and ceded upon the express condition that the State of 
South Carolina retain and shall retain jurisdiction (concurrent with that of 
the United States of America hereunder) in and over the said pieces, parcels 
and tracts of land and land covered with water (less and other than the said 
1826.7. square feet, more or less) so far as that civil process and writs in all 
cases not affecting the real and personal property of the United States of 
America, and any and all criminal or other process and writs lawfully issued 
in the name and under the authority of the State of South Carolina against 
any person or persons charged with crimes, felonies, or misdemeanors, com- 
mitted against the peace and dignity of the State within and without the limits 
of the said pieces, parcels and tracts of land and land covered with water (less 
and other than the said 1826.7 square feet, more or less), and not incompatible 
with the cession, may be executed at any and all times within the limits of the 
said pieces, parcels and tracts of land and land covered with water (less and 
other than the said 1826.7 square feet, more or less) in the same manner, and 
may as if no jurisdiction had been hereby granted and ceded. 

The said pieces, parcels and tracts of land and land covered with water (less 
and other than the said 1826.7 square feet, more or less) so long as the same shall 
be and remain the property of the United States of America, and shall be used 
for the purposes for which they have been heretofore granted and conveyed as 
aforesaid, shall be and continue wholly exempt and exonerated from and of 
any and all taxes and assessments and other charges whatsoever which might 
otherwise be imposed by and under the authority of the State of South Carolina. 

1907, XXV, 548. 

51. Consent Given to United States to Acquire Lands. — The consent of 
the State of South Carolina is hereby given, in accordance with the seventeenth 
clause, eighth Sect4on of the first Article of the Constitution of the United 
States, to the acquisition by the United States, by purchase, condemnation, or 
otherwise, of any land in this State required for sites for customhouses, court- 
houses, postoffices, arsenals, or other public buildings whatever, or for any 
other purposes of the government. 

Exclusive Jurisdiction Over Lanp Acquired Ceded to United States. — 
Exclusive jurisdiction in and over any land so acquired by the United States 
shall be, and the same is hereby ceded to the United States for all purposes 
except the service upon such sites of all civil and criminal process of the Courts 
of this State; but the jurisdiction so ceded shall continue no longer than the 
said United States shall own such lands. 

Jurisdiction Not to Vest Untie Title Acquired. — The jurisdiction ceded 
shall not vest until the United States shall have acquired the title to said lands 
by purchase, condemnation or otherwise ; and so long as the said lands shall 
remain the property of the United States, when acquired as aforesaid, and no 
longer, the same shall be and continue exempt and exonerated from all State, 
County and municipal taxation assessment or other charges which may be 
levied or .imposed under the authority of this State. 

1908, XXV, 1127. 

52. Lands in Town oe MoultrievillE, Charleston County. — The right, 
title and interest of this State to and in, and the jurisdiction of tliis State over, 
the following described lands, situated in the town of Moultrieville, on Sulli- 
van's Island, in the county of Charleston, in this State, are hereby granted 



§4] OF SOUTH CAROLINA. 25 

and ceded to the United States of America for the enlargement of the mihtary 
reservations on said island, to wit : All those pieces or parcels or tract of land, 
lying, being in the said town of Moultrieville, shown on a plan of Moultrieville 
compiled from official maps and surveys by H. S. Lamble, civil engineer, in 
April, 1902, and recorded July 15, 1902, at page 189 of Plat Book D, in the 
office of the register of mesne conveyances for the said county of Charleston, 
comprising all the land lying to the westward of the United States government 
reservations at Old Fort Moultrie, and contained between these reservations 
on the east and the town lots Numbers 73, 74 and 77 on the west, embracing 
lots Numbers 78, 79 and 80, the town hall lot, portions of West Fort street. 
Main street and Middle street, and marsh lands to the north of lot 78, more 
particularly described as follows : Beginning at low-water mark in the cove 
on the north side of Sullivan's Island at the northwest corner of United States 
government reservation and extending approximately south 21 degrees, 35 min- 
utes, west 1,170 feet, following the west line of said United States government 
reservation to the western corner of the same, to the north of Alid- 
dle street; thence approximately south 52 degrees, 15 minutes, west 65 
feet to the corner stone at the northwest corner of the Old Fort 
Moultrie reservation ; thence following the boundaries of this reserva- 
tion approximately south 17 degrees, west 126 feet to a corner stone, 
approximately north 75 degrees, west 82.4 feet to a corner stone, and 
approximately south 15 degrees, 30 minutes, west 580 feet to low-water line 
on the south or ocean side of Sullivan's Island ; thence westward along the low- 
water line approximately 100 feet to the extension of the west line of West 
Fort street; thence along the west line of said West Fort street approximately 
north 12 degrees, 30 minutes, east 695 feet to the southeast corner of Lot 74; 
thence approximately south 77 degrees, 30 minutes, east 80.8 feet along Middle 
street to the eastern corner of the public square ; thence approximately north 
6 degrees, east 90 feet to the southeast corner of Lot No. 73 on West Fort 
street ; thence along the west side of A\'est Fort street and its extension north- 
ward approximately north 13 degrees, 30 minutes, east 1,030 feet to low-water 
mark on the cove or north side of Sullivan's Island; thence along low-water 
mark eastward to the original point of beginning: Provided, That the portions 
of the streets and avenues within the tract herein ceded shall be forever kept 
open as public streets; and this cession shall in no way interfere with the pri- 
vate rights of any franchise heretofore legally granted, with reference to Mid- 
dle street and Central avenue : And provided, further, That there is hereby 
reserved to this State a concurrent jurisdiction for the execution upon or within 
said lands of all process, civil and criminal, lawfully issued by the Courts of 
this State, and not incompatible with this cession. 

Condition of Grant. — The grant hereinbefore made is upon condition that 
it shall not be effectual as to any portion of the premises embraced in the fore- 
going description, in or to which any person or persons have now any right, 
title or interest, or upon which any person or persons now own or have any 
buildings, structures or improvements, until the L^nited States of America shall 
have compensated such person or persons for such right, title and interest, and 
for such buildings, structures and improvements, and shall have acquired the 
right, title and interest of such pefson or persons thereto or therein. 

1908, XXV, 1130; 1909, XXVI, 180. 

Ce;rtain Streets Also Ceded. — The streets and avenues between the east 
and west lines of the original reservation of Fort Moultrie, as said reservation 
existed on January 1, 1894, are hereby granted and ceded to the United States 
of America, subject to the same provisos and conditions as are contained in this 
sub-division. 

Method oe Condemnation. — In case of the failure of the United States of 



26 CIVIL CODE [. §§ 5-8 

America, and any person interested as aforesaid, or owner as aforesaid, to 
agree upon the proper compensation to be paid, as above provided, the United 
States of America be, and hereby is^ authorized to have the same determined 
by the verdict of a jury, upon appHcation by petition to the Court of Common 
Pleas of Charleston County, which Court shall have exclusive jurisdiction of 
the same, and which petition shall be served as by law a summons in a civil 
action in said Court is required to be served; and the said cause shall be heard, 
without delay, at a term of said Court, and under the direction of the presiding 
Judge thereof, and such determination shall be final and without appeal ; and 
upon the amount so found being paid, with all costs of the proceedings (if any), 
the- right, title and interest of such person or owner thereto and therein shall 
vest in the United States of America. 
1909, XXVI, 180. 

§ 5. Land May Be Purchased by United States for Arsenals and 
Magazines. — The United States, or such person or persons as may be by 
them authorized, shall have a right to purchase, in any part of this State that 
may be thought most eligible, the fee simple of any quantity of land, not ex- 
ceeding two thousand acres, for the purpose of erecting arsenals and magazines 
thereon. 

Civ. '02, § 4; G. S. 4; R. S. 4; 1795, V, 260, § 1. 

§ 6. If Parties Cannot Agree, Land to Be Valued. — If the person or 
persons whose land may be chosen for the above mentioned purpose, should 
not be disposed to sell the same, or if the persons appointed to make the pur- 
chase should not be able to agree upon terms with such" owner or owners of 
the said land, the same shall be valued, upon oath, by a majority of persons 
to be appointed by the Court of Common Pleas of the County where such 
land is situated for that purpose; and the land shall be vested in the United 
States, upon their paying the amount of such valuation to the owner or owners 
of such lands. ^ 

Civ. '02, § 5; G. S. 5; R. S. 5; 1795, V, 260, § 2. 

§ 7. Concurrent Jurisdiction Retained by the State. — The said land, 
when purchased, and every person and officer residing or employed thereon, 
whether in the service of the United States or not, shall be subject and liable 
to ti:e gover-.iment of this State, and the jurisdiction, laws, and authority thereof; 
that the United States shall exercise no more authority or power, within the limits 
of the said land, than they might have done before acquiring the same, or than 
may be necessary for the building, repairing, or internal government of the 
arsenals and magazines thereon to be erected, and the regulation and manage- 
ment of the same, and of the officers and persons by them to be employed in 
or about the same.: Provided, ahvays. That the said land shall forever be 
exempt from any taxes to be paid to this State. 

Civ. '02, § 6; G. S. 6; R. S. 6; 1795, V, 260, § 3. 

§ 8. Land for Public Uses of United States. — Whenever it shall be made 
to appear to any one of the Circuit Courts of this State, upon the application 
of any authorized agent of the United States, that the said United States are 
desirous of purchasing any tract of land, and the right of way thereto, within 
the limits of this State, for the public uses of the said United States, and that the' 
owner or owners of said lands are unknown, non-residents or minors, or from 
any other cause are incapable of making a perfect title to said lands ; or in case 
the said owners, being residents and capable of conveying, shall, from disagree- 
ments in price, or any other cause whatever, refuse to convey the said lands to 
the United States, the presiding Judge of the said court shall order notice of 
said application to be published in some newspaper nearest to where the said lands 

5. In re Rugheimer, 36 Fed. Rep. 369, 374. 



§§9-10] OF SOUTH CAROLINA. ■ 27 

lie, also in one newspaper published in the city of Columbia, once in each week 
for the space of six weeks, which notice shall contain an accurate description of 
the said lands, together with the names of the owners or supposed owners, and 
shall require all persons interested in the said lands to come forward, on a day 
to be specified in said notice, and file their objections, if any they should have, 
to the proposed purchase; and at the time specified in said notice the said Court 
shall empanel a jury in the manner now provided by law, to assess the value 
of the said lands at their fair market value, and all damages sustained by the 
owners of the lands so appropriated by reason of such appropriation, which 
amount, when so assessed, together with the entire costs of said proceedings, shall 
be paid into the County Treasury of said County in which said proceedings are 
had; and thereupon the Sheriff of the said County, upon the production of the 
certificate of the Treasurer of said County that the said amount has been paid, 
shall execute to the United States, and deliver to their authorized agent, a deed 
of the said lands, reciting the proceedings in said cause, which said deed shall 
convey to the said United States a good and absolute title to the said lands 
against all persons whomsoever. The money so paid into the County Treasury 
shall there remain until ordered to be paid out by a Court of competent jurisdic- 
tion. The Judge directing the money to be paid to a County Treasurer, in ac- 
cordance with the provisions of this Act, shall require of such Treasurer a bond 
in double the amount of money so ordered to be paid by him, with two or more 
sufficient sureties, to be approved by said Judge. Said bonds shall be payable 
to the State of South Carolina, for the use and benefit of such persons, severally, 
as are entitled to said money. Said bond shall be executed and approved and 
filed with the Clerk of said Court before receiving said money. In all cases 
of publication of notice under this Section, the Court shall require the same 
proof as in cases of publication of notice in civil cases.^ 

Civ. '02, § 7; G. S. 7; R. S. 7; 1872, XV, 308; 1904, XXIV, 386. 

§ 9. Submarine Sites for Lighthouses and Other Aids to Navigation. 

Whenever the United States desire to acquire title to land belonging to the State 
and covered by the navigable waters of the United States, within the limits 
thereof, for the site of a light-house, beacon, or other aid to navigation, and 
application is made by a .duly authorized agent of the United States, describing 
the site required for one of the purposes aforesaid, then the Governor of the 
State is authorized and empowered to convey the title to the United States, and 
to cede to the said United States jurisdiction over the same: Proinded, No single 
tract shall contain more than ten (10) acres, and that the State shall retain con- 
current jurisdiction so far that all process, civil or criminal, issuing under the 
authority of the State, may be executed by the proper officers thereof upon any 
person or persons amenable to the same within the limits of land so ceded, in like 
manner and to like effect as if this Section had never been enacted. Any person 
or persons who shall moor any vessel, scow, boat, or raft, to any buoy, or 
beacon, or floating guide, placed by the United States Light House Board in the 
navigable waters of this State, or who shall, in any manner, make fast thereto 
any vessel, boat, scow, or raft, and any person or persons who shall willfully 
destroy, injure, or remove any such beacon or guide, shall forfeit and pay a 
sum not exceeding one hundred dollars, or be imprisoned in the common jail 
not exceeding three months. Said forfeitures may be recovered by an action 
of tort, complaint, or indictment before any Court competent to try the same; 
one-half accruing to the informer or complainant, and the other half to the county 
in w-hich the trial shall be had. 

Civ. '02, § 8; G. S. 8; R. S. 8; 1874, XV, 790. 

§ 10. Nature, Extent and Accrual of United States Jurisdiction Over 
Lands Acquired. — The jurisdiction of the State of South Carolina is hereby 
ceded to the United States of America over so much land as is necessary for 

e. Acquiring land for light-houses, etc., by United States. In re Rugheimer, 36 Fed. Rep. 369, 374. 



28 CIVIL CODE [ §§ 11-12 

the public purposes of the United States: Provided, That the jurisdiction hereby 
ceded shall not vest until the United States of America shall have acquired the 
title to the lands, by grant or deed, from the owner or owners thereof, and the 
evidences thereof shall have been recorded in the office, where, by law, the title 
to such land is recorded ; and the United States of America are to retain such 
jurisdiction so long as such lands shall be used for the purposes aforementioned, 
an'l no longer; and such jurisdiction is granted upon the express condition that 
the State of South Carolina shall retain a concurrent jurisdiction with the United 
States in and over the said lands, so far as that civil process, in all cases not 
affecting the real or personal property of the United States, and such criminal 
or other process as shall issue under the authority of the State of South Caro- 
lina, against any person or persons charged with crimes or misdemeanors com- 
mitted within or without the limit of the said lands, may be executed therein, 
in the same way and manner as if no jurisdiction had been thereby ceded." 
Civ. '02, § 9; G. S. 9; R. S. 9; 1871, XIV, 535, § 1. 

§ 11. Lands Exempt from State Taxation. — All lands and tenements 
which may be granted, as aforesaid, to the United States, shall be and continue, 
so long as the same shall be used for the purposes in the last Section mentioned, 
exonerated and discharged from all taxes, assessments, and other charges which 
may be imposed under the authority of the State of South Carolina. 

Civ. '02, § 10; G. S. 10; R. S. 10; 1871, XIV, 536, § 2. 

§ 12. Acquisition of Land by United States for National Forest Re- 
serve. — The consent of the State of South Carolina be, and is hereby, given 
to the acquisition by the United States, by purchase or gift, or by condemnation 
according to law, of such forest lands or such other property as it may acquire 
by purchase, or deed, or otherwise, in this State, as, in the opinion of the Fed- 
eral Government, may be needed for the establishment of such national forest 
reserve in that region: Provided, That the State shall retain a concurrent ju- 
risdiction with the United States in and over such lands so far that civil process 
in all cases, and such criminal process as may issue under the authority of the 
State against any person charged with the commission of any crime without 
or within said jurisdiction, may be executed thereon in like manner as if this 
Act had not been passed. 

Powers Give^n Congress. — Power is hereby conferred upon Congress to pass 
such laws as it may deem necessary to the acquisition, as hereinbefore provided 
for incorporation in said national forest reserve such forest-covered lands lying 
in the State as, in the opinion of the Federal Government, may be needed for 
this purpose : Provided, That the power of condemnation proceedings herein 
provided for shall not be applied to territory south of a line ten miles north of 
the Southern Railway from Charlotte to Atlanta : And Provided, further, That 
nothing herein contained shall be construed as giving the right to condemn any 
building, dwelling house or cultivated or pasture lands. 

Power is hereby conferred upon Congress to pass such laws, and to make, or 
provide for the making, of such rules and regulations of both civil and criminal 
nature, and provide punishment for violation thereof, as, in its judgment, may 
be necessary for the management, control and protection of such lands as may 
be from time to time acquired by the United States under the provisions of this 
Act. 

Civ. '02, § 11; 1901, XXIII, 609. 

7. Act Cong. Feb. 9, 1887, making appropria- not vest until United States shall have acquired 
tion for erection of public building at Charleston, title to lands by grant or deed, etc., need not be 
S. C, provides that no part of appropriation shall fulfilled before appropriation could be used to pay- 
be expended until title to site for building shall for land, but that former act contemplated that de- 
be vested in United States, nor until South Car- livery of deed and payment of consideration 
olina shall cede to United States jurisdiction over should be contemporaneous acts. In re Rug- 
site. Held, that provision that jurisdiction shall hcimer, 36 Fed. Rep. 369. 



13-14 1 



OF SOUTH CAROLIXA. 



29 



§ 13. Assent of This State Given to Act of Congress. — The assent of 
this State is hereby given to the purposes and provisions of an Act of Congress 
entitled "An Act to provide for an increased annual appropriation for agricul- 
tural experiment stations and regulating the expenditure thereof." approved 
March 16, 1906. 

1909, XXVI, 122. 



Article 1. 
Article 2. 
Article 3. 
Article 4. 



CHAPTER II. 

The General Assembly. 

General provisions, 29. 

Claims against the State, 32. 

Introduction of measures for private purpose: 

Special provisions as to legislative enactments, 



, 00. 

34. 



ARTICLE 1. 
General Provisions. 



Sec 

14. Apportionment of Representatives. 

15. Oaths to be taken by members. 

16. Compensation of members. 

17. Stationery and postage of members. 

18. Stationery for each House. 

19. Fuel and gas furnished. 

?0. Officers elected by each House and 
compensation of same. 

l"j. Oi¥icers and -employees of each 
House. 

22. Certain appointed clerks and at- 
taches under control of Sergeant- 
at-Arms; salaries of. 

£S. Solicitors to attend sessions of and 
assist in preparation of Acts. 

24. Qualification for appointment of 
officers and attaches. 



Sec. 
25. 

26. 



28. 
29. 
30. 

31. 



Compensation of otiicers and at- 
taches. 

List of appointments to be fur- 
nished clerk to be filed with 
Treasurer. 

Pay certificates for members. 

Certification and attestation of cer- 
tificates- 
Pay certificates of officers and em- 
ployees. 

Statement of all certificates to be 
furnished Comptroller-General 
and Treasurer. 

Sergeant-at-Arms of Senate and 
House to have charge of the re- 
spective chambers. 



§ 14. Apportionment of Representatives. — Until the next apportionment 
•he representation of the several counties in the House of Representatives shall 
be as follows : Abbeville three, Aiken three, Anderson six, Bamberg two, Barn- 
well three, Beaufort two, Berkeley two, Calhoun one, Charleston eight, Chero- 
kee two, Chester two, Chesterfield two, Clarendon three, Colleton two, Darlington 
three, Dillon two. Dorchester one, Edgefield two. Fairfield two, Florence three, 
Georgetown two, Greenville six. Greenwood three. Hampton two, Horry two; 
Kershaw two, Lancaster two, Laurens three, Lee two, Lexington three, Marion 
two, Marlboro three, Newberry three, Oconee two. Orangeburg five, Pickens two. 
Richland five, Saluda two, Spartanburg seven, Sumter three, L'nion two. ^^'il- 
liamsburg three, and York four. 

When Act Takes Effect. — Representatives to the House of Representa- 
tives shall be elected from the several Counties of the State, in accordance with 
the provision of this Section at the general election to be held on Tuesday after 
the first Monday in November of the year 1902, and every second year thereafter, 
in such manner and at such place as now provided by law, or as the General 
Assembly ma}^ prescribe. 

Civ. 1902. § 12: G. S. 11; R. S. ll: 1901. XXIII, 611; 1902, XXIII, 1197; 1908, XXV, 
1283; 1910. XXVI, 867; 1911. XXVII. 68. 



30 CIJ^IL CODE [ §§ 15-21 

§ 15. Oaths to Be Taken by Members. — All members elected to the Gen- 
eral Assembly shall take the oath prescribed in Article III, Section 26, of the 
Constitution of the State, before entering upon the duties of their office. 
Civ. '02, § 13; G. S. 12: R. S. 12; 1880, XVII, 502. 

§ 16. Compensation of Members. — Alembers of the General Assembly 
shall receive as compensation for their services the sum of two hundred dollars 
for each regular session and mileage at the rate of five cents per mile for the 
actual distance traveled in the most direct route going to and returning from 
the place where the session of the General xA.ssembly shall be held; and the 
Speaker of the House of Representatives shall receive a salary of one hundred 
dollars per session in addition to his compensation as a member. 

Civ. '02, § 14; G. S. 13; R. S. 13; XVI, 246; 1893, XXI, 417; 1908, XXV, 1079. 

§ 17. Stationery and Postage of Members.— The Clerk of the Senate 

shall, on the first day of each session, draw a pay certificate of five dollars in 
favor of each Senator, and the Clerk of the House of Representatives shall 
likewise, on the first day of each session, draw a pay certificate of five dollars in 
favor of each member of the House of Representatives, which shall be given in 
lieu of all stationery and postage to be used by such Senator or Representative 
in his official capacity during each session, and to be in addition to his per diem 
and mileage. 

Civ. '02, § 15; G. S. 14; R. S. 14; 1893. XXI, 184. 

§ 18. Stationery for Each House. — The Clerks of the Senate and of the 
House of Representatives shall each furnish for their Houses, respectively, for 
their use and for the use of their several Committees, such stationery as may be 
necessary for each session : the amount so to be furnished for the Senate not 
to exceed one hundred dollars ; and that so furnished for the House of Repre- 
sentatives not to exceed one hundred and fifty dollars. 

Civ. '02, § 16; G. S. 15; R. S. 15; 1893, XXI, 234. 

§ 19. Fuel and Gas Furnished. — The Secretary of State shall furnish for 
the Senate and House of Representatives, and for their respective Committee 
rooms, such supplies of fuel or coal and gas as may be necessar}^ for their use 
at each session of the General Assembly : the amount for this purpose not to ex- 
ceed the sum of eight hundred dollars. 

Civ. '02, § 17; G. S. 16; R. S. 16; 1093, XXI. 234, 385. 

§ 2 0. Officers Elected by Each House and Compensation of Same. — 

The Senate and House of Representatives, immediately after assembling in the 
session following a general election, shall each proceed to the election of a Clerk, 
to be known as the Clerk of the Senate and the Clerk of the House of Repre- 
sentatives, respectively, who shall each receive a salary of eight hundred dollars 
per annum. 

The Senate and House of Representatives shall also, at the same time, each 
for itself, elect a Reading Clerk, who shall each receive a salary of two hundred 
and fifty dollars, and a Sergeant-at-Arms. who shall receive a salary of two hun- 
dred dollars. 

Provided, That in case of an extra session or sessions of the General Assem- 
bly, the Sergeant-at-Arms, Clerk, Assistant Clerk and Reading Clerk shall also 
receive the same mileage and per diem of a member of the General Assembly. 

The Senate and House of Representatives shall each elect annually, on the first 
day of the session, a Chaplain, who shall serve as such officer during the session, 
and shall receive a salary of fifty dollars during the session, 16 be paid in the 
same manner as the officers of the respective Houses are paid. 

Civ. '02, § 18; G. S. 17; R. S. 17; 1877, 294; 1890, XX, 661; 1893, XXI^^ 417, 418. 

§ 21. Officers and Employees of Each House. — There shall be appointed 
at the commencement of the first session of every term of the General Assembly, 



§§ 22-26 ] OF SOUTH CAROLINA: 31 

for the Senate, by the presiding officer of the Senate, the following Clerks and 
attaches : An Assistant Clerk ; a Bill Clerk ; a Journal Clerk ; a Clerk to the 
Committee on Judiciary ; a Clerk to the Committee on Finance ; three Doorkeep- 
ers ; two Laborers; one Porter; a Keeper of the President's room; two Pages; 
one Mail Carrier ; and no others. In the House, by the Speaker of the House 
of Representatives : An Assistant Clerk ; a Journal Clerk ; one Bill Clerk ; a 
Clerk to Committee on Ways and Means ; a Clerk to Judiciary Committee ; three 
Doorkeepers ; four Pages ; three Laborers ; one Keeper of Speaker's room ; two 
Porters ; one Mail Carrier ; and no others. 
Civ. '02, § 19. 

§ 22. Certain Appointed Clerks and Attaches under Control of Ser- 
geant- at -Arms — Salaries of. — The Bill Clerk, Doorkeepers, Laborers and 
Pages of each Plouse shall be under the control and supervision of the Sergeant- 
at-Arms of the House to which he is appointed, and shall obey all reasonable 
orders made by him, and the salaries of the appointed Clerks and attaches of 
the General Assembly shall be as follows : Assistant Clerks of the 
Senate and of the House of Representatives, two hundred and fifty dollars, 
each; Journal Clerks, each, four dollars per day during the session of the Gen- 
eral Assembly, and four dollars per day for each day's work after adjournment, 
not exceeding twenty days ; Bill Clerks, each, four dollars per day. 

In case of an extra session of the Legislature, the Assistant Clerks shall re- 
ceive the same pay as members of the General Assembly. 

Civ. '02, § 20; 1893, XXI, 417, 418. 

§ 23. Solicitors to Attend Sessions of and Assist in Preparation of 
Acts. — The Circuit Solicitors, or so many of them as are deemed necessary by 
the Attorney General, shall attend the sessions of the General Assembly, and 
shall, under his direction, assist the Attorney General in drawing and in super- 
vising the engrossing of all Bills, and in the enrollment of all Acts and Joint 
Resolutions of each session ; shall see that the work is done neatly, promptly, 
and correctly; and one of the said Solicitors shall certify upon each Act, be- 
fore it is ratified, that it is correctly enrolled. 

The Attorney General ' shall employ such clerical assistance, in drawing, en- 
grossing, and enrolling Bills, Resolutions, and Acts, as he may deem necessary. 

Civ. '02, § 21; G. S. 21; R. S. 21; XVII, 290. 

§ 24. Qualification for Appointment of Officers and Attaches. — No per- 
son, holding or exercising the duties of any office in this State, and no person 
not a permanent resident of this State, shall be eligible to election or appoint- 
ment to any of the offices or positions provided for in this Chapter. 

Civ. '02, § 22; G. S. 22; R. S. 22; XVI, 296. 

§ 25. Compensation of Officers and Attaches. — All persons elected or 
appointed under the provisions of this Chapter shall receive such compensation 
as the General Assembly shall determine ; in no case to exceed the compensa- 
tion of a member, except the Clerks of the Senate and of the House of Repre- 
sentatives, whose annual salary is provided for by law, and except also the Cir- 
cuit Solicitors. 

Civ. '02, § 23; G. S. 23; R. S. 23; XVI, 294. 

§ 26. Appointments to Be Furnished Clerks. — All officers making any 
of the appointments provided for in this Chapter shall forthwith, when each 
appointment is made, furnish a correct list thereof to the Clerks of the two 
Houses respectively ; and a copy of the same, together with a list of the officers 
or attaches elected by the two Houses, shall be filed by the said Clerks with 
the Treasurer of the State. 

Civ. '02, § 24; G. S. 24; R. S. 24; XVI, 294. 



32 CIVIL CODE [ §§ 27-32 

§ 27. Pay Certificates for Members. — The Clerks of the Senate and 
House of Representatives are authorized and directed to furnish each member 
of their respective bodies a pay certificate for the amount of his mileage and 
compensation, to include such dates as the General Assembly shall, by concur- 
rent resolution, direct. 

Civ. '02, § 25; G. S. 25; R. S. 25; XIV, 310. 

§ 28. Certification and Attestation of Certificates. — Such certificates 
shall be certified by the President of the Senate, and attested by the Clerk of 
the Senate, for all members of that body, and by the Speaker of the House of 
Representatives, and by the Clerk of the same for all members of that body. 

Civ. '02, § 26; G. S. 26; R. S. 26; XIV. 310. 

§ 29. Pay Certificates of Ofiicers and Employees. — The subordinate offi- 
cers and employees of the General Assembly shall, in like manner, be furnished 
with certificates of pay in such amounts as shall be fixed by that branch of the 
General Assembly to which such officers and employees shall respectively be- 
long: Provided^ hozvever, That the pay certificates for services common to the 
two Houses shall be signed by the President of the Senate, and countersigned 
by the Speaker of the House of Representatives. 

Civ. '02, § 27; G. S. 27; R. S/ 27: XIV, 310. 

§ 30. Statement of All Certificates Furnished Comptroller- General and 
Treasurer. — The Clerks of the Senate and of the House of Representatives on 
the day of the final adjournment of every session of the General Assembly shall 
furnish to the Comptroller General and State Treasurer, each, a statement of 
all certificates issued in behalf of their respective Houses, which statements 
shall show the numbers of the certificates issued, the amount in each, and the 
person to whom issued, in the following order: 1, of members of the General 
Assembly ; 2, of officers and attaches ; 3, stationery certificates ; 4, of contingent 
expenses. 

The Clerk of the Senate shall, in similar manner and at the same time, fur- 
nish the Comptroller General and the Treasurer, each, statements of all joint 
certificates issued on behalf of both Houses. 

Civ. '02. § 28: G. S. 28; R.. S. 28; XVI, 825. 

§ 31. Sergeant-at-Arms of Senate and House to Have Charge of the 
Respective Chambers. — The Sergeant-at-Arms of the Senate and the Ser- 
geant-at-Arms of the House of Representatives, shall take exclusive care and 
charge of the Senate Chamber and Hall of House of Representatives and Com- 
mittee rooms, respectively, and be held responsible for their keeping and the 
keeping and protection of the furniture and furnishings belonging to them, 
packing such as may need packing, and occasionally inspect and care for the same 
during the recess of the General Assembly, and shall receive as compensation 
therefor the same mileage and per diem for each day actually engaged as he 
receives during the sessions of the Legislature : Proz'ided, He shall not be paid 
for more than ten days during any one year. 

1907, XXV, 651. 



ARTICLE 2. 

Clai^is against the State. 

Sec. Sec. 

32. How presented, considered and 33. When claims against State are de- 

passed by the General Assem- barred payment, 

bly. 

§ 32. How Presented, Considered and Passed by the General Assem- 
bly. — All claims for the refunding of overpaid taxes, or- for repayment for 



§§ 33-34] OF SOUTH CAROLINA. 33 

services rendered or supplies furnished the State or any County, or for the 
payment of money on any account whatsoever, requiring the action of the Gen- 
eral Assembly, shall be presented by petition, fully setting forth the facts upon 
which such claim is based, together with the evidence thereof, which petition 
shall be filed in the office of the Comptroller-General forty days before the 
meeting of the General Assembly; and it shall be the duty of the Comptroller- 
General to examine each such claim so presented and to report on the same 
during the first week of the meeting of the General Assembly, recommending pay- 
ment in whole or in part, or rejection, in each instance, as in his judgment justice 
shall require, which report shall be acted upon as the two Houses, by joint rule, 
shall provide. No claim for the payment of money shall be introduced into either 
House except as herein provided. 

After such claims have been reported upon, and passed by the General As- 
sembly, they shall be deHvered to the Committee of Ways and Means of the 
House of Representatives, who shall thereupon make provision for the payment 
thereof in the Appropriation Bill introduced by them. 

Civ. '02, § 29; G. S. 29; R. S. 29; XVI, 459; 1885, XIX, 310. 

§ 33. When Claims Against State Are Debarred Payment. — All claims 
against the State except the bonded debt of the State shall be forever barred 
unless presented within three years after the right to demand payment thereof 
accrues. And such claims shall also be forever barred if twice presented to the 
General Assembly or either branch thereof and rejected, or twice presented and 
withdrawn. 

Civ. '02, § 30; G. S. 30; R. S. 30; XVII, 769. 



ARTICLE 3. 
Introduction op Me;asur]^s for Private: Purpose;s. 

Sec. Sec. 

34. Must be by petition accompanied 36. Route of road, other roads crossed, 

by draft of Bill or Joint Resolu- accompanying map, and notice, 

tion; reference to committee. 37. Merits and particulars, rights of 

35. Statement of inapplicability of gen- others and requisite notice. 

eral statutes and special reasons 38. Petition signed by freeholders in 

for charter or incorporation. bills to amend Stock Law. 

§ 34. Must Be by Petition, Accompanied by Draft of Bill or Joint 
Resolution; Reference to Committee.— No Bill to charter or incorporate, or 
to amend the charter of any society, company, organization, or body politic of 
any kind, or for the granting of any privilege or immunity or for any other pri- 
vate purpose whatsoever, shall be introduced or entertained in either House of 
the General Assembly, except by petition, to be signed by the person 
or persons seeking to be incorporated, or by the corporators or their 
officers, or duly appointed agents, seeking an amendment of a charter, or by- 
the person or persons seeking such privilege, immunity or other private grant 
or relief. The petition must be accompanied in each instance by a draft of a 
Bill or Joint Resolution, as the case may be, to charter or incorporate such so- 
ciety, organization or body politic, or to amend the charter thereof, or to grant 
the privilege or immunity, or to carry out the private purpose prayed for in 
said petition; and, together with the said draft of the Bill or Joint Resolution, 
shall be referred to some appropriate Committee of the House in which such 
petition is presented, to be acted upon by such Committee as hereinafter provided.^ 

Civ. '02, § 31; R. S. 31; 1885, XIX, 309. 

1. Each General Assembly possesses all the leg- any succeeding legislature. Hence, failure to 

islative power vested in the General Assembly by comply with provisions herein does not invalidate 

the Constitution, and is subject to no limitation act to authorize construction of dam across Kinlock 

not found in the Constitution. One legislature, Creek. Manigault v. Ward, 123 Fed. 716. 
therefore, cannot curtail or enlarge the power of 

S C C— 3 



34 CIVIL CODE [ §§ 35-39 

§ 35. Statement of Inapplicability of General Statute and Special 
Reasons for Charter or Incorporation. — In case of an application for a 
charter or incorporation, other than of a railroad or canal company, the petition 
shall state and set forth why the same cannot be obtained under the provisions 
of the General Statutes, in pursuance of the Constitution, relating to incorpora- 
tions, and any other special reasons on which such charter or incorporation is 
sought. 

Civ. '02, § 32; R. S. 32; 1885, XIX, 309. 

§ 36. Route of Road, Other Roads Crossed, Accompanying Map, 
and Notice. — In case of an application for the charter or incorporation of a 
railroad, canal, tramway, plank road or turnpike company, and the grant of the 
right of way therefor, in addition to the foregoing requirements of other char- 
ters or incorporations, the petition shall set forth and describe approximately 
the route proposed for the said projected road, and state where the said route 
will cross any existing railroad or in the course of construction, and the said 
petition shall also be accompanied by a plat or map delineating the same : Pro- 
vided, That in case of a railroad charter, the three months' notice required by 
law shall be given before the application for a charter is made. 

Civ. '02, § 33; R. S. 33; 1885, XIX, 309. 

§ 37. Merits and Particulars, Rights of Others and Requisite No- 
tice. — In any case other than that of a charter or incorporation, the petition 
shall set forth fully and distinctly the merits and particulars of the case, and if 
the same shall in any wise affect the rights of others directly who reside in this 
State, such petition shall be accompanied with proof that the parties, so far as 
known, who may be affected merely, have had sixty (60) days' notice of the 
presentation of such petition before such petition is presented, and also that 
notice of the intention of the petitioner or petitioners to make such application 
has been published in a newspaper having the largest circulation published in 
the County where the privilege or immunity is to be enjoyed, once a week for 
at least three weeks, the first of which particulars shall be at least sixty (60) 
days before such petition is presented. ^ 

Civ. '02, § 34; R. S. 34; 1885, XIX, 309. 

§ 38. Petition Signed by Freeholders in Bills to Amend Stock Law. 

— No Bill purporting to amend or alter the law regulating the fencing of stock 
in any portion of the State shall be considered unless the same be accompanied 
by a petition for such amendment or alteration signed by a majority of the 
freeholders of the section to be affected by such amendment. 
Civ. '02, § 35; R. S. 35; 1889, XIX, 295. 



ARTICLE 4. 

Special Provision as to Legislative Enactments. 

Sec. Sec. 

39. Time when Legislative enactments 40. Effect of repeal of Act. 

take effect. 41. Construction of words. 

§ 39. Time When Legislative Enactments Take Effect. — No Act or 
Joint Resolution passed by the General Assembly shall take eft'ect or become 
of force until the twentieth day after the day of its approval by the Executive, 
unless some other day be specially named in the body of the Act or Joint Reso- 
lution as the day upon which it shall take effect. 

Civ. '02, § 36; G. S. 33; R. S. 36; XVII, 69. 

2. This section is doubtless intended as guide to not invalidate act to authorize construction of dam 

persons desiring to petition legislature for special across Kinlock Creek. Manigault v. Ward, 123 

privileges. Manigault v. Springs, 199 U. S. 473, Fed. 716: Manigault r. Springs, 199 U. S. 486. 50 

486, SO L. Ed. 274. _ _ L. Ed. 274. 

Failure to comply with provisions herein does 



§§40-42] OF SOUTH CAROLINA. . 35 

§ 40. Effect of Repeal of Act.— The repeal of an Act or Joint Resolu- 
tion shall not revive any law theretofore repealed or superseded, nor any office 
theretofore abolished.^ 

Civ. '02, § 37; G. S. 34; R. S. 37; XV, 37. 

§ 41. Construction of Words. — The words "person" and "party" and 
other word or words importing the singular number, used in any Act or Joint 
Resolution, shall be held to include firms, companies, associations and corpora- 
tions, and all words in the plural number shall apply to single individuals in all 
cases in which the spirit and intent of the Act or Joint Resolution may reciuire 
it. All words in an Act or Joint Resolution importing the masculine gender 
shall apply to females also, and all words importing the present tense shall ap- 
ply to the future also. 

Civ. '02, § 38; G. S. 35; R. S. 38. 



CHAPTER III. 

The Public Printing. 

Sec. Sec. 

43. Public printing regulated — Printer, 52. Public printer to verify bills and 

how elected, term of office, etc. Comptroller General to approve 

43. Bond of public printer. them. 

44. Vacancy; how filled. 53. One report not to be embraced in 

45. How laws, etc., are to be printed. another. 

46. In what manner reports shall be 54. Size of paper for reports. 

printed. 55. Printing for State Board of Health. 

47. Standard of measureinent. ^ 56. Annual report — Tabulation by 

48. Contents of reports. ' Comptroller-General. 

49. How bills and joint resolutions 57. Certificate as to printing for each 

printed. House. 

50. Acts and joint resolutions — How 58. Acts and joint resolutions — Index, 

printed — Unnecessary fat. notes and arrangement — General 

51. Public printer to set work com- and special laws. 

pactly. 59. Public printing; how paid for. 

§ 42. Public Printing Regulated — Printer, How Elected, Term of 
Office, etc. — The Clerk of the Senate and the Clerk of the House of Repre- 
sentatives (or in case of death or disability of either, the survivor of them) 
shall immediately upon the approval of this Act, and thereafter on the first day 
of every alternate regular session of the General Assembly, commencing with 
the regular session of the year 1900, cause to be published for the period of 
ten days, in one daily paper in each of the cities of Charleston, Columbia and 
Greenville, a call for sealed proposals to do the public printing for the General 
Assembly and for the several State officers, as follows: 200 copies per day 
Senate Calendar, at a price not to exceed 90 cents per page; 200 copies per day 
House Calendar, at a price not to exceed 90 cents per page; 200 copies per 
day Senate Journal, at a price not to exceed 90 cents per page; 200 copies per 
day House Journal, at a price not to exceed 90 cents per page ; 50 copies 
per day Senate Resolutions, at a price not to exceed 72 cents per page; 150 
copies per day House Resolutions, at a price not to exceed 72 cents per page; 
50 copies per day Senate Bills, at a price not to exceed $1.10 per page; 150 
copies per day House Bills, at a price not to exceed $1.18 per page; 1,500 copies 
of Governor's Message, at a price to exceed 68 cents per page; 600 copies 
Report of Comptroller General at a price not to exceed 90 cents per page; 300 
copies reports of other State officials, at a price not to exceed 84 cents per page ; 
2,500 copies Acts and Joint Resolutions, at a price not to exceed $3.50 per 
page; 500 copies Senate Journal, at a price not to exceed 92 cents per page; 

3. Addison v. Sugette, SO S. C. 192, 28 S. E. 948. 



36 CIVIL CODE [ §§ 43-47 

500 copies House Journal, at a price not to exceed 92 cents per page; 500 copies 
Reports and Resolutions, at a price not to exceed 74 cents per page; rule and 
figure work a price and two-fifths ; and all other works not embraced in the 
above schedule to be done at figures corresponding to those which shall be ac- 
cepted under the contract awarded. The proposals shall state at what price 
per page the bidder will execute the several classes of work, respectively, and 
what additional charge per page he will make for rule and figure work. The 
clerks of the two houses shall furnish bidders with specifications of the dif- 
ferent classes of printing to be done. Proposal for the public printing, en- 
closed in an envelope, sealed with wax, and endorsed "Proposal for the public 
printing," shall be filed with the Secretary of State within the ten days of the 
advertisement for proposals ; and said proposals shall be opened by the Chair- 
man of the Committee on Printing of each House, in the presence of said 
committees jointly; and the contract shall be awarded by said Committee on 
Printing, on the last day of the session, to the lowest responsible bidder. Said 
award subject to the approval of the Senate and House of Representatives. 
Civ. '02, § 39; R. S. 39; 1898, XXII, 700, § 1. 

§ 43. Bond of Public Printer. — The party to whom the contract for the 
public printing shall be awarded shall on or before the first day of July next 
after such award give bond, with sufficient sureties, in the sum of ten thousand 
dollars, for the faithful performance of the work; said bond to be approved 
by the Governor, the Attorney General and the State Treasurer. 

Civ. '02, § 40; 1898, XXII, 700, § 2. 

§ 44. Vacancy; How Filled. — If by reason of death or any other cause 
the party to whom the contract for public printing shall have been awarded 
shall fail to undertake the work thereunder, or shall fail to give bond in due 
time, it shall be the duty of the Governor, the Comptroller General, the Attor- 
ney General and the Secretary of State, acting as Commissioners of Public 
Printing, to call for proposals for said printing, and to award the contract 
therefor to the lowest responsible bidder, subject to all the conditions and reg- 
ulations hereinbefore set forth. 
Civ. '02, § 41; 1898, XXII. 700, § 3. 

§ 45. How Laws, etc., Are to Be Printed. — The laws, journals and all 
other printing in book form, shall be set in long primer type, in pages to con- 
tain at least one thousand seven hundred ems each. All rule and figure work 
accompanying the Acts, Journals and Reports and Resolutions, to be in the same 
type as the body of the work ; the side and foot notes to be in minion or non- 
pareil type, and the indexes to be in brevier or long primer type. 

Civ. '02, § 42; G.' S. 32; R. S. 44. 

§ 46. In What Manner Reports Shall Be Printed. — Heads of depart- 
ments and other olBcials having reports to make to the General Assembly shall 
not hereafter have the right or authority to designate to the Public Printer the 
particular type in which each part of their report is to be printed or the man- 
ner in which it is to be set up, but the said Printer shall be required to set up 
and print all such reports in as cheap a manner as is consistent with the public 
welfare, and the compensation therefor shall be on the basis of the long primer 
page of not less than one thousand seven hundred ems. 

Civ. '02, § 43; 1896, XXII, 203. 

§ 47. Standard of Measurement. — When any part of the said report is 
set in other than the long primer type, the compensation therefor shall be de- 
termined by the relation which the types bear to each other, the work being 
counted for as many pages as one thousand seven hundred is contained in the 
number of ems of the type used. 

Civ. '02, § 44; 1884, XVIII, 871. 



§§48-53] OF SOUTH CAROLINA. ■ 37 

§ 48. Contents of Reports. — Heads of the various departments and 
boards in making their reports shall only give statistical matter and their recom- 
mendations in as brief form as possible,- and the Railroad Commissioners shall 
not print the general correspondence of their office, railroad schedules, classifi- 
cation of freight, freight or passenger rates, but shall make their report in as 
concise and brief manner as may be compatible with the public welfare. 
Civ. '03, § 45; 1896, XXII, 202, § 1. 

§ 49. How Bills and Joint Resolutions Printed. — Bills and Joint Reso- 
lutions of the two Houses shall be printed in pica type, each line slugged or 
regletted to the space of one line pica type, printed in pages of thirty-six ems 
of pica type in width and fifty-eight ems of pica type in length, including -the 
folio and foot line, the lines to be numbered according to Sections. 

Civ. '02, § 46; G. S. 32; R. S. 46. 

§ 50. Acts and Joint Resolutions — How Printed — Unnecessary Fat. 

— Acts and Joint Resolutions of the General Assembly of this State shall be 
published without other head lines than the title of the Act or Joint Resolution, 
and nothing shall be appended after the last section thereof except the date of 
the Governor's approval. Not more than one inch of space shall be allowed 
between the ending of one Act or Joint Resolution and the beginning of the 
next Act or Joint Resolution (except where an Act or Joint Resolution ends 
within two inches of the bottom of the page) ; and there shall be no charge by, 
or payment to, the State Printer for any unnecessary fat in the publication of 
said Acts and Joint Resolutions. 

Printing of Official Rfports Regui.atfd — Compactness and Unneces- 
sary Fat. — In the publication of the Reports of the various officers required 
by law, there shall be no additional title pages nor any blank pages after the 
title page, unless such blank pages shall be necessary, from the insertion of a 
tabular statement which cannot be published upon the regular pages of Report 
and is folded within such Report. All matter included in such Reports, whether 
reading or figures or tabulated, shall be compactly published, with no more 
intervening space than is necessary for the character of the work directed to 
be done, and no page shall be taken up by a mere statement of the Report 
which is to follow. No unnecessary fat shall be allowed in publishing these 
Reports. 

Civ. '02, § 47; R. S. 47; 1886, XIX, 310. 

§ 51. Public Printer to Set Work Compactly. — The Public Printer 
shall, in publishing or printing any other kinds of State work, of whatsoever 
character, set the same as compactly and within as little space as the character 
of the work will permit. 

Civ. '02, § 48; R. S. 48; 1886, XIX, 310. 

§ 52. Public Printer to Verify Bills and Comptroller -General to Ap-. 
prove Them. — The Public Printer shall, with each bill rendered by him for 
public printing, upon oath certify that the provisions of this Act have been 
complied with in such work ; and no such bill shall be paid until the work has 
been done, and a copy thereof filed with and examined by the Comptroller 
General, and his approval of the work and of the amount of the account en- 
dorsed on such bill, except bills for the current printing of the two Houses, 
which shall be likewise examined and approved by the respective Clerks of the 
two houses, upon sworn accounts filed with them, before such bills shall be paid. 

Civ. '02, § 49; R. S. 49; 1886, XIX, 310. 

§ 53. One Report Not to Be Embraced in Another. — No State officer 
shall embrace in his Report the Report of another State officer which is required 
to be published by law, but he may make such reference thereto as may be nee- 



38 CIVIL CODE [ §§ 54-58 

essary, to embrace a brief recapitulation thereof, when necessary to the proper 
understanding of such Report. 

Civ. '02, § 50; R. S. 50; 1886, XIX, 310. • 

§ 54. Size of Paper for Reports. — In preparing the manuscript for the 
Public Printer, the State officers and Superintendents of public institutions 
shall use sheets of paper eight by ten inches in size, or legal cap, arranging it 
in such shape as will have due regard to the contents of the printed page. 
Civ. '02, § 51; R. S. 51; 1884, XVIII, 872. 

§ 55. Printing for State Board of Health. — All printing done on Re- 
ports published by the State Board of Health shall be paid for out of funds 
appropriated to or belonging to that Department, and not otherwise. 
Civ. '02, § 52; R. S. 52; 1884, XVIII, 872. 

§ 56. Annual Report — Tabulation by Comptroller General. — Each 
Department of the State Government, or person required by law to have print- 
ing done at the public expense, shall report annually to the Comptroller General 
the cost of such printing so done by such Department or persons, and such 
amounts consolidated into one table shall be included in the Annual Report of 
the Comptroller General. 

Civ. '03, § 53; R. S. 53; 1884, XVIII, 872. 

§ 57. Certificate as to Printing for Each House. — The faithful per- 
formance of the printing for each House shall be certified by their respective 
presiding officers and clerks : Provided, That in the absence of said officers 
from the seat of government, the Secretary of State, to whom the work may 
be delivered, shall certify to its proper execution : Provided, further, That a 
specimen copy of each class of work, with the accounts of the same verified by 
affidavit, be filed in the office of the Comptroller General. 

The Clerks of the two Houses shall furnish the Printer corrected journals 
daily for the permanent printing. 
Civ. '02, § 54; G. S. 32; R. S. 54. 

§ 58. Acts and Joint Resolutions — Index, Notes and Arrangement — 
General and Special Laws. — The indexing and making marginal notes of 
Acts and Joint Resolutions shall be performed by the Code Commissioner. It 
shall be the duty of the editor or editors charged with the preparation of the 
Acts and Joint Resolutions for publication, in addition to indexing and making 
marginal notes thereof, to arrange the same for the Printer according to the 
subject matter thereof, so that all general laws and Joint Resolutions shall be 
collected and bound together separately in the first part of the volume, and be 
entitled "General Laws and Joint Resolutions ;" and all Acts relating to matters 
other than public shall be collected and bound together in the latter part of the 
volume, and be entitled ''Special Acts and Joint Resolutions," and also to index 
the same in one index. And all local Acts and Joint Resolutions shall be ar- 
ranged according to Counties in alphabetical order. 

Cross Refere^nce in Margin — List oe Charters ; How Printed. — When- 
ever an Act or Joint Resolution of a previous session is amended, repealed or 
referred to, a reference shall be made in the margin to the volume and page of 
the Statutes at Large where such Act or Joint Resolution is to be found. Tliere 
shall be printed in alphabetical order as an appendix to th6 Acts and Joint Res- 
olutions of every regular session the list of charters granted by the Secretary 
of State for the then next preceding fiscal year, such list to be printed in the 
same type as the body of the Acts, embracing only the name of the corporation 
in small caps, to be followed in lower case, and without paragraphs, with the lo- 
cation and purpose of the corporation, amount of authorized capital stock and 
date of charter. 

Civ. '02, § 55; G. S. 32; R. S. 55; 1889, XX. 280; 1893, XXI, 23: 1901. XXIII. fi9S. 



§§59-63] OP SOUTH CAROLINA. 39 

§ 59. Public Printing; How Paid for. — The Comptroller General is 
hereby authorized and directed to draw his warrant, and the State Treasurer to 
pay the same out of any moneys in the State Treasury not otherwise appro- 
priated, for the public printing, upon the production of proper vouchers, which 
shall consist of copies of the temporary printing executed, and signatures of the 
permanent printing as the work progresses. 

Appropriation Not to Be^ Exci;e;ded. — In no fiscal year shall the Comp- 
troller General draw his warrants or the State Treasurer pay same for an ag- 
gregate amount for printing in excess of the sum of twenty thousand dollars un- 
less a larger amount has been appropriated, in which case such warrants shall 
not exceed the appropriation. 

Civ. '02, § 56; G. S. 56; R. S. 56; 1890, XX, 710. 



CHAPTER IV. 

The Statutes. 



Sec. Sec. 

60. To provide for binding of laws, 64. Amendments may be made by ref- 

journals, etc. erence to Revised Statutes or 

61. Delivery of permanent work to this Code. 

State Librarian who shall dis- 65. Code Commissioner to be elected — 

tribute copies to persons enti- Term and salary. 

tied to receive them. 66. Duties of Code Commissioner. 

62. When to be printed and distributed. 67. Decennial report. 

63. How Acts and resolutions should 

be distributed. 

§ 60. To Provide for Binding of Laws, Journals, etc. — A sufficient 
number of the Journals, Reports and Acts of the General Assembly, for the use 
of the members of the General Assembly, and for the State Librarian to make 
the exchanges with other States, shall be bound in a good and substantial man- 
ner ; and the Clerk of the Senate and the Clerk of the House of Representatives 
are authorized to have the same done immediately upon the close of the session, 
or as soon thereafter as practicable. 

Civ. '02, § 57; G. S. 37; R. S. 58; 1896, XXII, 203, § 2. 

§ 61. Delivery of Permanent Work to State Librarian Who Shall 
Distribute Copies to Persons Entitled to Receive Them. — On the comple- 
tion of the permanent work, they shall deliver the same to the State Librarian, 
who shall forward, by mail or otherwise, as he may deem expedient, a copy 
thereof to each of the members of the General Assembly, and a copy of the 
Acts and Joint Resolutions to the different States, institutions, and officers en- 
titled by law to receive the same. 

Civ. '02, § 58; G. S. 38; R. S. 59; 1896, XXII, 203, § 2. 

§ 62. When to Be Printed and Distributed. — The Acts of each session 
of the General Assembly of this State shall be printed, bound and delivered to 
the keeper of the Legislative Library, ready for distribution, within thirty days 
from the adjournment sine die oi each of its several sessions, whether annual 
or extra, and the said keeper of the Legislative Library shall within five days 
thereafter deposit in the mail or express one or more copies thereof, addressed 
to each officer, person or corporation as now provided by law, and as herein- 
after prescribed. 

Civ. '02, § 59; R. S. 60; 1889, XX, 335. 

§ 63. How Acts and Resolutions Should Be Distributed. — Copies of 
the Acts and Joint Resolutions shall be distributed as follows : 

1. To the Legislative Council of the Province of Quebec, Canada, one copy. 

2. To each Circuit Judge, one copy. 



40 CIVIL CODE [ §§ 64-65 

3. To each Solicitor, one copy. 

4. To each Clerk of Court, one copy. 

5. To each Judge of Probate, one copy. 

6. To each County Sheriff, one copy. 

7. To each County Auditor, one copy. 

8. To each County Treasurer, one copy. 

9. To each County Superintendent of Education, one copy. 

10. To each County Supervisor, one copy. 

11. To the Supreme Court at Columbia, one copy. 

12. To each Magistrate in the State, one copy. 

13. To each of the chartered Colleges of the State, one copy. 

14. To the Library of the Legislature, one hundred and fifty copies, 

15. To the University of South Carolina, two copies. 

16. To the Charleston Library, two copies. 

17. To the Governor of each State of the Union, for the use of the State, one 
copy. 

18. To the Legislature of each State, one copy. 

19. To the Library of Congress, two copies. 

20. To heads of Departments at Washington, for the use of their Depart- 
ments, one copy. 

21. To the Historical Society of New York, one copy, 

22. To the Athenaeum, Philadelphia, one copy. 

23. To the Library of Harvard University, Cambridge, one copy. 

24. To the Yale College Library, one copy. 

25. To the Libraries of the University of Virginia and Alabama, one 
copy each. 

26. To the Colleges at Athens, Ga., Princeton, and Chapel Hill, N. C, one 
copy each. 

27. To the Athenaeum, Boston, one copy. 

28. To the Committee of Public Records, London, one copy. 

29. To the London Museum, one copy. 

30. To the King's Library, in Paris, one copy. 

31. To the University Library at Heidelberg, one copy. 

32. To the Royal Library at Berlin, one copy. 

33. To the University Library at Gottingen, one copy. 

34. To the Historical Societies of South Carolina, Maryland, Virginia and 
Pennsylvania, each one copy. 

35. To each Master, one copy. 

36. To the University of the South, Sewanee, Tenn., one copy. 

Civ. '02, § 60; G. S. 40; R. S. 61; VI, 648; 1883, XVIII, 588; 1889, XX, 335; 1894, 
XXI, 1076; 1897, XXII, 458; 1902, XXIII, 964. 

§ 64. Amendments May Be Made by Reference to Revised Statutes 
or This Code. — Whenever in any Act heretofore or hereafter passed reference 
is made to the Revised Statutes or this Code for the purpose of altering, 
amending, adding to or repealing any part thereof, such reference, alteration, 
amendment, addition or repeal shall be construed to apply to the original law 
purporting to be revised in said revision as fully and specifically as though such 
original law were mentioned in the Act containing such reference, alteration, 
amendments, addition or repeal. 

Civ. '02, § 61; 1896, XXII, 3. 

§ 65. Code Commissioner to Be Elected — Term and Salary. — A Code 
Commissioner shall be elected by the General Assembly of 1911, for a term of 
ten years and his salary shall be four hundred dollars per annum,, payable quar- 
terly, by the State Treasurer on the warrant of the Comptroller General : Pro- 
vided, That the Code Commissioner elected at the session of the General Assem- 
bly for 1901 shall hold office for a term of ten years and shall receive a Salary 



§§66-67] OF SOUTH CAROLINA. . 41 

of five hundred dollars for the fiscal year, commencing January 1, 1901, and 
thereafter annually until the expiration of the term of his office a salary of four 
hundred dollars, to be paid quarterly by the State Treasurer upon the warrant 
of the Comptroller General. In case of a vacancy from any cause, the General 
Assembly shall as early as practicable elect a Code Commissioner for the unex- 
pired term. 

Civ. '02, § 62; 1901, XXIII, 697. 

§ 66. Duties of Code Commissioner. — It shall be the duty of said Code 
Commissioner, immediately after his election, to examine the report made by 
his predecessor in office to the General Assembly and, if any, correct all errors 
appearing in the revision submitted with said report ; supply all omissions ; 
omit redundant and obsolete enactments, and such as have no influence on exist- 
ing rights and remedies ; and to reduce the public statutes of this State, inclu- 
sive of such as are passed at the present session, into as concise and comprehen- 
sive a form as is consistent with clear expression of the will of the General As- 
sembly; and, in addition thereto, he shall prepare indices and cross indices to 
said codification, publishing the same in the appropriate volume as hereinafter 
provided, note by annotation the decisions of the Supreme Court of the State 
of South Carolina under the different Sections of the Statutes codified as herein 
provided, and also of the Constitution of 1895 of said State, and rules of Court 
as herein provided to be published ; annex to the volume containing the general 
laws a list of all general public statutes repealed since the enactment of the 
General Statutes of 1882, giving the title, and date of approval, of the repealing 
Statute ; and he shall annually prepare for publication, as soon after the ad- 
journment of the General Assembly as practicable, the Statutes and Joint Res- 
olutions passed at the preceding session, dividing the same into such as may be 
of a general and permanent kind and such as may be local and of temporary 
nature, with a correct index and cross index of same ; and that he also publish 
with such statutes, alphabetically arranged and with date of granting same, a 
list of all charters granted by the Secretary of State. He shall annually report 
to the General Assembly, at each session, all changes made in the Statute Law 
embraced in the Code at its previous session, together with a note of or refer- 
ence to the decisions of the Supreme Court, on the Sections of said Code pub- 
lished during the current year, said report to be annually published by the State 
Printer in such form as the Code Commissioner may prescribe. 
Civ. '02, § 63. 

§ 67. Decennial Report. — The Code Commissioner shall collect and revise 
all the General Statute law of the State now of force, as well as that which shall 
be passed from time to time, and shall properly index and arrange the said Stat- 
utes when so passed. He shall also reduce into a systematic Code the General 
Statutes, including the Code of Civil Procedure, with all the amendments 
thereto, and shall on the first day of the session for the year nineteen hun- 
dred and eleven, and at the end of every subsequent period of ten years, report 
the result of hi-s labors to the General Assembly, with such recommendations 
and suggestions as to the abridgement and amendments as may be deemed neces- 
sary and proper. The said report, when ready to be made, shall be printed and 
laid on the desks of the members of both houses of the General Assembly on 
the first day of the first session, but shall not be taken up for consideration until 
the next session of the General Assembly. 
Civ. '02, § 64; 1896, XXII. 

How Code; Declared Law. — The Code thus prepared by the Commissioner 
shall be declared by the General Assembly, in an Act passed according to the 
forms in the Constitution of 1895 for the enactment of laws, to be the only 
general statutory law of the State, and no alterations or additions to any of 
the laws therein contained shall be made except by Bill passed under the for- 
malities required in the said Constitution. 

Civ. '02, § 64; Const. Art. VI, § 5. 



42 



CIVIL CODE 



[ §§ 68-71 



CHAPTER V. 

Reports and Documents and Committees to Examine State Offices and 
Penal and Charitable Institutions. 



Sec. 



Sec. 



68. Time for making reports to Gen- 

eral Assembly. 

69. When reports to be handed printer 

— Time of printing — Penalties. 

70. Persons disbursing public money 

must publish. 

71. Persons having distribution of pub- 

lic money must report quarterly 
to Comptroller-General. 

72. Public officers having evidences of 

indebtedness to the State must 
report to Comptroller-General. 

73. Comptroller-General to make re- 

port to General Assembly of all 
debts due State. 

74. Secretary of State's report to Gen- 

eral Assembly of corporations 
formed under general laws. 

75. Annual report of State Superin- 

tendent of Education. 

76. Count}^ Superintendents' reports 

consolidated by State Superin- 
tendent and forwarded to Gen- 
eral Assembly. 

77. Annual report of Directors of the 

State Penitentiary. 

78. Annual report of Attorney-General. 



79. Annual report of Regents of the 

State Hospital for the Insane. 

80. Commissioners of the Deaf and 

Dumb and the Blind to report 
annually. 

81. Treasurer's accounts examined an- 

nually by Joint Committee of 
Senate and House. 

82. Duties of Committee, and report. 

83. Examination of accounts of certain 

State officers. 

84. Committee to examine books of 

penal and charitable institutions. 

85. Legislative Committee to examine 

into expenditure of appropria- 
tions for State educational insti- 
tutions. 

86. Work of Code Commissioner to be 

examined. 

87. Census Commission. 

88. Commissioners of Sinking Fund to 

make annual report. 

89. Railroad Commissioners to make 

annual report. 

90. County Commissioners to report to 

Comptroller-General. 

91. Health officers to keep records and 

report monthly. 



§ 68. Tim-e for Making Reports to General Assembly The Comptroller 

General and all other officers required by law to report annually to the General 
Assembly shall make such reports on or before the twentieth day of January in 
each year. 

Civ. '02, § 65; G. S. 41; R. S. 62; XV, 457. 

§ 69. When Reports to Be Handed Printer — Time of Printing — Penal- 
ties. — All State officers are required to place their Reports in the Printer's hands 
by the tenth day of January, except the Comptroller General and State Treasurer, 
who shall place their reports in the Printer's hands on the twentieth day of Jan- 
uary, and the Printer is required to have Reports printed and ready for delivery 
on the day of the meeting of the General Assembly, and on his failure to have 
such Reports ready he shall forfeit five dollars ($5.00) per day on each Report 
delayed : Provided, That the Public Printer shall not be subject to said forfeiture 
when the State officers do not place their Reports in the Printer's hands on the 
day required. 

Civ. '02, § 66; R. S. 63; 1896. XXII, 204. 

§ 70. Persons Disbursing Public Money Must Publish. — Every person 
authorized to disburse any funds for the State shall publish in some newspaper 
of general circulation in the County in which such disbursement is authorized 
to be made, a monthly statement of all funds received and the date of such re- 
ceipt, and of all funds paid out, to whom, and on what account. 

Civ. '02, § 67; G. S. 43; R. S. 64; XVI. 166. 

§ 71. Persons Having Distribution of Public Money Must Report Quar- 
terly to Comptroller General. — All persons having the distribution of public 
money shall quarterly, to wit. on the last days of October, January, April and 
July, in each and every year, render to the Comptroller General an account set- 



§§ 72-78] OF SOUTH CAROLINA. 43 

ting forth the funds committed to them, respectively, and the disbursement of 
them. 

Civ. '02, § 68; G. S. 44; R. S. 65; VI, 512, 1890, XX, 713. 

§ 72. Public Officers Having Evidences of Indebtedness to State Must 
Report to Comptroller General. — All public officers having in their possession 
the evidences of any debts due to the State shall, on the last day of December 
in every year, furnish the Comptroller General with a statement of all such debts, 
showing the names of the debtors, the amounts of the debts, the interest, the 
payments made, and the balance due to the State. And in case of failure on the 
part of any public officer to furnish the Comptroller with the statement afore- 
said, he shall forfeit and pay the sum of two hundred dollars, to be recovered 
in any Court having competent jurisdiction. 
Civ. '02, § 69; G. S. 45; R. S. 66; VI, 108; 1896. XXII, 204. 

§ 73. Comptroller General to Make Report to General Assembly of All 
Debts Due State. — The Comptroller General shall make a statement of all debts 
due the State and lay it before the General Assembly with his Annual Report. 
Civ. '02, § 70; G. S. 46; R. S. 67; 1896, XXII, 204. 

§ 74. Secretary of State's Report to General Assembly of Corpora- 
tions Formed under General Laws. — The Secretary of State shall annually 
prepare, cause to be printed, and submit to the General Assembly a true abstract 
from the certificates deposited with him by corporations formed under the law 
regulating the formation of corporations. Said abstract shall contain, under 
proper headings, the corporate name of said corporation, the date of its charter, 
the purposes for which it was incorporated, the names of its corporators, its loca- 
tion and amount of capital stock, together with such remarks as he may deem 
necessary; said abstract shall be published as an appendix to the Acts and Joint 
Resolutions of the session of the Legislature to which such abstract is submitted, 
and the names of all corporations therein contained shall be included in the index 
to the said Acts and Joint Resolutions. 

Civ. '02, § 71; G. S. 47; R. S. 68; 1883, XVIII, 447. 

§ 75. Annual Report of State Superintendent of Education. — The 

State Superintendent of Education shall make his report through the Governor 
to the General Assembly at each regular session thereof in the manner required 
by law. 

Civ. '02, § 72; G. S. 48; R. S. 69; 1876, XIV, 342; 1878, XVI, 574. 

§ 76. County Superintendents' Reports Consolidated by State Super- 
intendent and Forwarded to General Assembly. — It shall be the duty of the 
State Superintendent of Education to consolidate the reports received from the 
County Superintendents of Education, and to forward them to the General 
Assembly at itSj.next regular session. 

Civ. '02, § 73ap. S. 49; R. S. 79; 1868, XIV, 23. 



§ 77. Annual Report of Directors of the State Penitentiary. — The Di- 
rectors of the State Penitentiary shall make an annual report to the Governor, 
on or before the first day of January in each year, of the state and condition 
of the prison, the convicts confined therein, of the money expended and received, 
and, generally, of all the proceedings during the last year, to be laid before the 
General Assembly. 

Civ. '02, § 74; G. S. 50; R. S. 71; 1868; XIV, 95; 1896, XXII, 204. 

§ 78. Annual Report of Attorney General. — The Attorney General shall 
annually make a report to the General Assembly of the cases argued, tried, or 
conducted by him in the Supreme Court and Circuit Courts during the preceding 
year, with such other information in relation to the criminal laws, and such ob- 



44 CIVIL CODE [ §§ 79-84 

servations and statements, as, in his opinion, the criminal jurisdiction and the 
proper and economical administration of the criminal law warrant and require. 
Civ. -'OS, § 75; G. S. 51; R. S. 72; XIV, 89. 

§ 79. Annual Report of Regents of the State Hospital for the Insane. 

— It shall be the duty of the Regents of the State Hospital for the Insane to re- 
port annually to the Legislature the state and condition of the institution, fully 
and particularly; and they shall also annually report to the Comptroller General 
the amount of income of said institution, and the amount of expenditures, and 
the items thereof. 

Civ. '02, § 76; G. S. 52; R. S. 73; VI, 323. 

§ 8 0. Commissioners of the Deaf and Dumb and the Blind to Report 
Annually. — The Commissioners of the Deaf and Dumb and the Blind shall annually 
report to the Legislature an exact statement of their various proceedings during 
the past year, showing precisely how they disbursed the money expended, the 
names of the persons who have received the bounty, the ages and places of resi- 
dence of such persons, and information as to their progress, which statement 
shall be accompanied by the vouchers of all sums expended. 
Civ. '02, § 77; G. S. 53; R. S. 74: XVI, 707. 

§ 81. Treasurer's Accounts Examined Annually by Joint Committee 
of Senate and House. — The accounts of the Treasurer of the State shall be, 
annually, closed on the thirtieth day of December, and shall be examined dur- 
ing the months of January and February in each year, by a Joint Committee, 
consisting of one member of the Senate and two of the House of Representa- 
tives, to be appointed by a Concurrent Resolution of the two Houses of the 
General Assembly, at the session previous to said time of examination in each 
year. 

Civ. '02, § 78; G. S. 54; R. S. 75; XIV, 16; 1896, XXII, 204. 

§ 82. Duties of Committee, and Report. — Such Committee shall examine 
the accounts, the vouchers relating to all moneys received into and paid out of 
the Treasury during the year ending on the thirtieth of December preceding such 
examination, and shall certify and report to the General Assembly at its next ses- 
sion after the said thirtieth day of December the amount of moneys received 
into the Treasury during such year; the amount of moneys paid out of it during 
the same period by virtue of warrants drawn on the Treasury by the Comptroller 
General or any other officer ; the amount of moneys received by the Treasurer 
who shall be in office at the time of such examination when he entered upon the 
exercise of the duties of his office ; and the balance in the Treasury on the thirtieth 
. day of December preceding such examination. They shall also report as to the 
operations of the Commissioners of the Sinking Fund, including the moneys re- 
ceived and disbursements made by them. 

Civ. '02, § 79; G. S. 55; R. S. 76; XIV, 16: 1896, XXII. 204. 

§ 83. Examination of Accounts of Certain State OflEidirs. — The Joint 

Committee of the General Assembly, the duty of which is to exaiMie the accounts 
of the State Treasurer, Comptroller General and the Commissioners of the Sink- 
ing Fund, shall begin the examination of said accounts as soon as practicable 
after the end of each quarter of the year. 
Civ. '02, § 80; 1900. XXIII. 415. 

§ 84. Committee to Examine Books of Penal and Charitable Institu- 
tions. — The accounts, vouchers and books of the penal and charitable institu- 
tions shall be examined during the month of December of each year by a Joint 
Committee of one Senator, who shall be recommended by the Senate Committee 
on Charitable Institutions, and two members of the House of Representatives, 
who shall be recommended by the House Committee on State Hospital for the 
Insane, to be appointed by a Concurrent Resolution of the two houses of the Gen- 
eral Assembly at the session previous to said time of examination in each ^•ear. 



§§85-90] OF SOUTH CAROLINA. 45 

Duties of Committee;.— Tlie said Committee shall examine the accounts, the 
vouchers relating to all moneys received into and paid out during the preceding 
year and the books of said institutions, and shall certify and report to the 
General Assembly at its next session, after the said examination is made, the 
amount of money paid out during the year, and any other matter relating to 
the management of said institutions. 

Civ. '02, § 81; 1897, XXII, 493. 

§ 85. Legislative Committee to Examine into Expenditure of Appro- 
priations for State Educational Institutions. — The presiding officers of the 
Senate and House of Representatives shall annually appoint a committee, con- 
sisting of two members of the House of Representatives and one of the Senate, 
whose duty it shall be to examine in December of each year into the expenditure 
of all sums of money used for the maintenance and support of the State educa- 
tional institutions of the State and the physical conditions of such institutions, 
and to report their finding to the General Assembly next after their appointment, 
together with any suggestions looking to the efficiency of such institutions or any 
of them. 

Each member of said committee shall receive as compensation for their services 
the same per diem and mileage as now allowed by law to the members of the 
General Assembly : Provided, That no per diem shall be allowed to members 
of said committee for more than twenty days. 

1903, XXIII, 965. 

§ 86. Work of Code Commissioner to Be Examined. — At each session 
of the General Assembly a Joint Committee consisting of three members shall be 
appointed, whose duty it shall be to inquire into the progress of the Code Com- 
missioner in the work and to make a report to the two Houses. 

Civ. '03, § 83; 1896, XXII, 3. 

§ 87. Census Commission. — When the census takers shall have made re- 
turns, the Secretary of State shall forthwith report the results of such registra- 
tion to the Governor of the State for the time being, and shall make a collated 
return of the statistics to .the General Assembly, at its next regular session. 

Civ. '03, § 83; G. S. 56; R. S. 77; 1896, XXII, 280; XV, 934. 

§ 88. Commissioners of Sinking Fund to Make Annual Report. — The 

Commissioners of the Sinking Fund shall annually report to the General Assem- 
bly the condition of the Sinking Fund, and all sales or other transactions con- 
nected therewith. 

Civ. '02, § 84; G. S. 57; R. S. 78; XIV, 388. 

§ 89. Railroad Commissioners to Make Annual Report. — The Railroad 
Commissioners shall make an annual report to the Legislature of their official 
acts, including such statements, facts and explanations as will disclose the actual 
working of the system of railroad transportation in its bearing upon the business 
and prosperity of the State ; and such suggestions as to the general railroad policy 
of the State, or as to any part thereof, or as to the condition, affairs or conduct 
of any of the railroad corporations, as may seem to them appropriate, with a 
special report of all accidents, and the causes thereof for the preceding year. 

Civ. '03, § 85; R. S. 79; 1883, XVII, 819. 

§ 90. County Commissioners to Report to Comptroller General. — The 

Commissioners of each County shall on or before the fifth day of January in each 
year report to the Comptroller General, to be incorporated in his annual report, 
and laid before the General Assembly, a detailed account of all their doings, 
in such form as the Comptroller General shall direct or prepare and forward to 
them for such purpose. 

Civ. '03, § 86; G. S. 58; R. S. 80; 1986, XXII, 306. 



46 



CIVIL CODE 



§ 91 



§ 91. Health Officers to Keep Records and Report Monthly. — 

The Health Officers at Georgetown, Charleston and Hilton Head shall keep a faith- 
ful record of all their doings required by law, and report the same to the Governor, 
at the end of each month. 

Civ. '02, § 87; G. S. 59; R. S. 81; XIV, 117. 



CHAPTER VI. 

The Public Property. 

Article 1. Charge of the property of the State; the Sinking Fund Commission; 

insurance of public property, 46. 
Article 2. Land containing phosphate rock and phosphatic deposits ; Phosphate 

Commissioners, 61. 
Article 3. Historical Commission, 65. 
Article 4. Commission for State House and Grounds, 68. 
Article 5. Other property of the State; miscellaneous provisions, 69. 



ARTICLE 1. 

Charge oe the Property oe the State — The Sinking Fund Com.missiox. 



Sec. Sec. 

92. All public property under charge 108. 

of Secretary of State, unless 
otherwise provided. 

93. Vacant lands grantable to purch'^s- 

ers for value — Control of Sink- 109. 
ing Fund ComnJssion. 

94. Who constitute the Sinking Fund 110. 

Commission, and their duties. 111. 

95. Sales of property not in actual pub- 112. 

lie use — Disposition of proceeds 

— Exception. 113. 

96. Annual report of sales and trans- 

actions — Investments — Com- 
pensation. 114. 

97. Sinking Fund may lend money on 

bonds, etc. 

98. Sinking Fund Commission may 115. 

lend money to Counties. 

99. Application for loans — When re- 

ceived and how loans may be 116. 
made. 

100. County Treasurers violating § 94 117. 

to be punished. 

101. In what money loans must be re- 

paid. 118. 

102. Title of State by forfeiture re- 

nounced. 119. 

103. Sinking Fund Commission to hear 

petition for relief. 120. 

104. Lien of State for taxes — How en- 

forced. 

105. Lands not on tax books to be sur- 

veyed, listed and charged. 121. 

106. Settlement of tax executions. 122. 

107. Nulla bona tax executions to be 

returned to Auditors. 



Auditors', sherififs' and treasurers' 
books accessible to Sinking 
Fund Commission's agents — Du- 
ties and powers of agents. 

Powers of Secretary of State as 
to forfeited lands — Valuation. 

Entry on lands and proceedings. 

Fees, costs and expenses. 

Sheriffs' possession, sale, proceed- 
ings and distribution of proceeds. 

Petition by owner — Appeal to Sink- 
ing Fund Commission — Proceed- 
ings. 

Tax duplicate to be prima facie 
evidence — Rebutting evidence 
limited. 

Sheriff's deed prima facie evidence 
— Limitation of action — Neces- 
sary evidence. 

Cumulative remedies — Existing 
suits. 

Sinking Fund Commission's power 
to investigate irregularities and 
shortages in tax collections. 

Sinking Fund Commission to col- 
lect unpaid schoo'; taxes-. 

Disposition of lands forfeited and 
sold to State. 

Sheriff's rentings and saies — Com- 
missions — Return to State Secre- 
tary — Costs — Supervision — 
Liability. 

Expenses of survey — How paid 

Commissioners to refund money to 
purchasers who have purchased 
land not abandoned. 



§§92-95] OF SOUTH CAROLINA. 47 

Sec. Sec. 

123. Number of salaried field agents. 133. Value of uninsured buildings — How 

124. Duty of County Auditor as to fixed. 

property off tax books 134. Rate of premium — How changed. 

125. Public buildings to be insured. 135. When insurance shall be taken in 

126. Premiums paid by counties. old line companies. 

127. Amount of insurance. 136. Insurance of State property by 

128. Premiums paid by State. Sinking Fund Commission — Ap- 

129. Insurable value. portionment — Comptroller-Gen- 

130. Adjustment of losses. eral's duties. 

131. Limit of insurance fund. 137. Apportionment to old line compa- 

132. Officers to insure buildings. nies. 

§ 92. All Public Property under Charge of Secretary of State, unless 
Otherwise Provided.— The Secretary of State shall take charge of all property 
of the State, the care and custody of which is not otherwise provided for by law. 
He shall hold the same subject to the directions and instructions of the Commis- 
sioners of the Sinking Fund, and act as their agent in such redemption, lease, and 
sale, as they may make, of forfeited and vacant lands, and lands purchased by the 
late Land Commissioners of the State, and in the negotiations therefor and ar- 
rangements in relation thereto.^ 

Civ. '02, § 88; G. S. 60; R. S. 82; 1878, XVI, 558; 1883, XVIII; 380. 

§ 93. Vacant Lands Grantable to Purchasers for Value; Control of 
Sinking Fund Commission. — No grant of vacant lands shall be issued except 
to actual purchasers thereof for value; and all vacant lands and lands purchased 
by the late Land Commissioners of the State shall be likewise subject to the direc- 
tions and instructions of the Commissioners of the Sinking Fund.^ 

Civ. '02, § 89; G. S. 61; R. S. 83; 1878, XVI, 559. 

§ 94. Who Constitute the Sinking Fund Commission, and Their Duties. 

— For the purpose of paying the present indebtedness of the State, the Governor, 
Comptroller-General, State Treasurer, and the Attorney-General of the State, 
the Chairman of the Finance Committee of the Senate, and the Chairman of 
the Committee of Ways and Means of the House of Representatives, are con- 
stituted Commissioners, to be known and designated as "the Commissioners of 
the Sinking Fund," to receive and manage the incomes and revenues set apart 
and applied to the Sinking Fund of the State ; and the State Treasurer shall 
be Treasurer of the Commissioners of the Sinking Fund ; and all moneys aris- 
ing from the redemption of lands, leases and sales of property, or otherwise 
coming to said Commissioners of the Sinking Fund, shall be paid into the State 
Treasury, and shall be kept on a separate account by the Treasurer as a fund to 
be drawn upon the warrants of the Commissioners of the Sinking Fund for 
the exclusive uses and purposes which have been or shall be declared in rela- 
tion to the said Commissioners of the Sinking Fund.-^ 

Civ. '02, § 90; G. S. 62; R. S. 84; 1870, XIV, 388; 1883. XVIII, 380. 

§ 95. Sales of Property Not in Actual Public Use — Disposition of 
Proceeds — Exception. — It shall be the duty of the Commissioners of the 
Sinking Fund to sell and convey, for and on behalf of the State all such real or 
personal property, assets and effects belonging to the State as are not in actual 
public use; and all such lands sold under execution for delinquent taxes as 
have been or may hereafter be purchased for and conveyed and delivered to 
them pursuant to the provisions of Section 472 ; said sales to be made from 

1. Title of lands purchased . by Land Commis- ecessor, the land commissioner, cannot be main 

sioner were properly not made to the State, but tained, being in effect a suit against the State, 

to that officer, and passed to his successor in office. Lowry v. Thompson, 25 S. C. 416, 1 S. E. 141 

State V. Evans, 33 S. C. 184, 11 S. E. 697. The Secretary of State is the custodian of the 

The Statute of Uses did not vest such title in State's property. Tindal v. Wesley, 167 U. S. 211 

the State. State v. Evans, 33 S. C. 184, 11 S. E. Wesley v. Tindal, 81 Fed. 614. 

^5^- . . , ^. , . ^ , ^ . . 2. Wesley v. Tindal, 81 Fed. 614. 

buit against the Sinking Fund Commissioners .» ^ir , am- j , o, -r^ j ^i /< 

on contract for sale of land made by their pred- ^- Wesley v. Tindal, 81 Fed. 614. 



48 CIVIL CODE [ §§ 96-98 

time to time, in such manner, and upon such terms, as they may deem most 
advantageous to the State. The purchase money of said lands or other prop- 
erty shall be paid in the following kinds of funds, and no other, to wit: gold 
and silver coin, United States currency. National Bank notes, and coupons which 
shall be due and payable on the consolidated bonds of this State known as Brown 
Bonds. The proceeds of all such sales shall be set aside, and awarded to the 
Sinking Fund of the State. This shall not be construed to authorize the sale 
by the Commissioners of any property held in trust for a specific purpose by 
the State, or the property of the State in the phosphate rocks or phosphatic de- 
posits in the beds of the navigable streams and waters and marshes of the 
State.4 

Civ. '02, § 91; G. S. 63; R. S. 85; XVI, 558, 811; 1887, XX, 863; 1892, XXI, 87. 

§ 96. Annual Report of Sales and Transactions — Investments— Com- 
pensation. — The Commissioners shall annually report to the General Assem- 
bly the condition of the Sinking Fund and all sales or other transactions 
connected therewith ; and all the revenues derived from such sales shall be ap- 
plied to the extinguishment of the public debt, by investing the same in the pub- 
lic securities of the State. Each of the Commissioners, except those w^ho as 
State officers reside, in Columbia, shall receive five dollars a day for each day 
actually engaged in attending the meetings of said Commission, and in going 
to and returning from the same, and a mileage of five cents per mile for each 
mile of travel in going to and returning from each session; the same to be paid 
out of any funds in their possession. 

Civ. '02, § 92; G. S. 64; R. S. 86; XIV, 388; 1884, XVIII, 864. 

§ 97. Sinking Fund Commission May Lend Money on Bonds, etc. — The 

Sinking Fund Commission are hereby authorized W'hen unable to purchase valid 
bonds of this State at par to lend the sinking fund at such a rate of interest as may 
be agreed upon between them and the borrower, not less than 4^, per centum per 
annum, on the security of the said bonds, sufficient to cover the loan and interest 
at the par value of the bonds, the bonds to be deposited with the State Treasurer 
as security for the loan and as collateral to the personal obligation of the bor- 
rower, to be taken by said Commission, showing the terms and maturitv of the 
loan. 

Civ. '02, § 93; 1896, XXII, 184. 

§ 98. Sinking Fund Commission May Lend Money to Counties The 

Sinking Fund Commission are hereby authorized and required, when in the 
judgment of said Commissioners of the Sinking Fund valid bonds of the State 
are not offered or attainable at a reasonable price, to lend the money of the Sink- 
ing Fund Commission, both accumulated and ordinary, for a period of one or 
more years at a rate of interest of five per cent, per annum. 
Civ. '02, § 94; 1897, XXII, 440; 1911, XXVII, 223. 

The said loan shall be made by the said Commissioners upon the valid secu- 
rities of the several States of the United States, giving preference thereto, or 
upon the note of the County Treasurer and County Supervisor of any of the 
Counties of this State, wdio shall make application for a loan, provided the said 
loan be not more than two thirds of the tax levy of said County, and the whole 
of the taxes of the said County shall be pledged for tlie repayment of the monev 
so borrowed of the said Sinking Fund Commission. 

1898, XXII, 725; 1911, XXVIII, 223. 

When Loan Paid. — The County Treasurers of the respective Counties bor- 
rowing funds of the Sinking Fund Commission shall pay the Jiote so given out 

4. Tindal v. Wesley, 167 U. S. 211; Wesley r. Tindal, 81 Fed. 614. 



§§99-103] OF SOUTH CAROLINA. 49 

of the first taxes collected for the fiscal year for which the said money is bor- 
rowed. 

1897, XXII, 441. 

§ 99. Applications for Loans — When Received and Hq.w Loans May 
Be Made. — The Sinking Fund Commissioners shall receive applications for 
the various Counties and file the same until the first day of March of every 
subsequent year hereafter, and if the applications aggregate more than the en- 
tire fund in the hands of the Sinking Fund Commissioners, said Commissioners 
shall prorate the loan to be made to the several Counties in proportion to the 
taxes paid by the respective Counties : Provided, That no loan shall be made 
to any County in excess of two-thirds of the amount of the tax levy for such 
County for County purposes. 

Civ. '02, § 95; 1897, XXII, 441; 1898, XXII, 725; 1911, XXVII, 223. 

§ 100. County Treasurers Violating § 98 to Be Punished. — Any 

County Treasurer who shall violate the provisions of Section 98 shall be fined 
on conviction thereof a sum not exceeding one thousand dollars, and his bond 
shall be liable to said Sinking Fund Commission for the amount of the loss sus- 
tained by said Commission, together with all costs and expenses thereof. 
Civ. '02, § 96. 

§ 101. In What Money Loans Must Be Paid In the case of all loans, 

to whatsoever person, corporation or County, made by the Commissioners of 
the Sinking Fund of the State, whether of the ordinary sinking fund, or of the 
cumulative sinking fund (for the reduction and payment of the South Carolina 
4^ per cent. Brown bonds and stocks), and in the case of all bank deposits of 
said sinking fund, the principal thereof, and the interest and other charges, 
costs and dues accruing on said loans and deposits, shall be payable in, and shall 
always be paid to the said Commissioners of the Sinking Fund in the following 
kinds of funds and in no other, to wit: in gold and silver coin of the United 
States, in United States currency, and in national bank notes. 

Civ. '02, § 97; 1899, XXIII, 119. 

§ 102. Title of State by Forfeiture Renounced — Reservation as 
to Dues and Acceptance. — The State of South Carolina hereby renounces 
all title by forfeiture for non-payment of taxes to each and every par- 
cel of land in the several Counties of the State listed on the for- 
feited land record on the twenty-fourth day of December, 1887, and will 
treat them hereafter as the lands of the former owner, his heirs or assigns ; 
but this renunciation of title is upon the reservation and condition that the 
State may hereafter collect by suit at law, or other legal method, from said 
lands a sum equal to the aggregate amount of all annual assessments for taxes 
with the penalties that might and would have been assessed and charged against 
the said lands in case the same had never been declared delinquent and for- 
feited; and the retention of the possession and use of said lands for ninety days 
after the said 24th day of December, 1887, by said former owner, his heirs or 
assigns, shall be deemed sufficient evidence of his or their acquiescence in and 
acceptance of the reservations and conditions of said renunciation of title. 
Civ. '02, § 98; 1887, XIX, 864. 

§ 103. Sinking Fund Commission to Hear Petition for Relief. — The 

Sinking Fund Commission is hereby authorized to hear and determine upon 
satisfactory proof the petition of any taxpayer praying relief on ground that all 
taxes, as described in last Section, have been paid or that portions of such taxes 
have been paid and an ofifer to pay the balance, accompanied by the sum ad- 
mitted to be owing. And the said Sinking Fund Commission shall grant such 
relief in the premises as may be just. 
Civ. '02, § 99; 1888, XX, 52. 

S C C— 4 



50 CIVIL CODE [ §§ 104-107 

§ 104. Lien of State for Taxes — How Enforced. — To secure the en- 
tire debt due the State for prior taxes or other dues accrued to the State to and 
including the levy of 1886, or for any other purpose whatsoever, and for the 
levy of 1887, and for all subsecjuent levies, as they may have accrued or shall 
accrue upon each parcel of said land, and the costs and penalties due thereon, 
the State shall have a prior and preferred lien upon said land, to be enforced and 
asserted in any Court of competent jurisdiction by the Commissioners of the 
Sinking Fund, in such cases, at such time, and to such extent, as they may deem 
most advantageous to the interests of the State. The proceeds of any sale or- 
dered by the Court in such suit shall be applied first to the payment to the Sink- 
ing Fund Commission of the taxes, costs and penalties charged against the prop- 
erty, and next to the payment of the taxed costs in the suit and expenses of 
sale, and the- surplus, if any there be, shall be paid over to the former owners or 
parties in interest as their interest may appear. 

Civ. '02, § 100; R. S. 372; 1889, XX, 345; 1887, XIX, 865, § 6; 1888, XX, 53, § 3. 

§ 105. Lands Not on Tax Books to Be Surveyed, Listed and Charged. 

— The Commissioners of the Sinking Fund are hereby authorized to have sur- 
veyed any lands that they are informed or believe have been continuously for 
ten or more immediately preceding years upon neither the Tax Duplicate or 
Forfeited Land List of this State; and if after such survey the said absence 
from said tax books be found to exist, to cause the said land to be placed upon 
the Tax Duplicate in the owner's name, if known, or in the name of "Unknown" 
if the owner's name be not known, charged and taxed with the entire cost of 
the survey and investigation, and fifty per cent, penalty additional thereto, and 
with the taxes for five years immediately preceding, and collecting the same 
under existing law for collection of taxes. The County Treasurer shall pay to 
the Sinking Fund Commission said costs of survey and said fifty per cent, pen- 
alty additional thereto from amount collected, and apply the residue as pro- 
vided by law. 
Civ. '02, § 101. 

DiscRETiox OF SiXKiNG FuND CoMMissiox. — This Section shall be by the 
Sinking Fund Commission applied to such extent and in such cases as they may 
deem most advantageous to the State.^ 

Civ. '02, § 101. 

§ 106. Settlement of Tax Executions. — The County Auditors and 
Treasurers shall annually have a full and final settlement as to tax executions 
issued by said Treasurers within twelve months after the expiration of the 
time allowed by law for the payment of taxes in any year. 

Civ. '02, § 102; 1896, XXII, 255. 

§ 107. Nulla Bona Tax Executions to Be Returned to Auditors. — 

All executions issued for the collection of taxes by the County Treasurers and 
returned "nulla bona" for any reason or "double entry," or Avhich are not col- 
lected for any reason, shall be filed in the Auditor's office within one year from 
the expiration of the time for the payment, without penalty, of the taxes for 
the collection of which the executions are issued. 
Civ. '02, § ]03; 1898, XXII, 726. 

Auditors to Receipt Therefor. — The Auditor, on the filing of the said ex- 
ecutions, shall give a receipt to the County Treasurer for the same, stating the 
amount due on each execution and the name of the party against whom the ex- 
ecution is issued, the kind and location of the property, the nature of the Sher- 
iff's return and as full description of the property as he can- furnish from his 

.">. Lands listed as "unknown" by "D. S. sale is void. Hudson v. Schunipert, 80 S. C. 23, 
Agent" represents the agent as owner, and tax 61 S. E. 104. 



§§108-110] OF SOUTH CAROLIXA. 51 

records, and he shall at the same time furnish a duplicate of said receipt to 
the Secretary of State, as agent of the Sinking Fund Commission. 
Civ. '03, § 103; 1898, XXII, 726. 

§ 108. Auditors', Sheriffs' and Treasurers' Books Accessible to 
Sinking Fund Commission's Agents — Duties and Powers of Agents. — 

Any agent of the Sinking Fund Commission shall be allowed free access by the 
Auditors, the Treasurers and Sheriffs to said executions, and to the tax books, 
and to all records in their respective offices relating to tax matters, and may 
proceed to collect all tax claims pertaining to said execution, and also which 
pertain to such executions for taxes uncollected which may be lost or other- 
wise unaccounted for by the Sheriff or Treasurer in any year prior or subse- 
quent to the passage of this Act, and all back taxes on lands and buildings, and 
on railroad property, real and personal, which are off the tax books, or being 
on the tax books are found to have escaped the payment of taxes in any year or 
years, from any cause, said taxes being past due and unpaid for twelve months, 
and not stayed by the action of any judicial process, including all cases of par- 
tial returns and payment of taxes on lands by any taxpayer who returns and 
pays in less than his titles call for, whose whole estate shall in all such cases 
be held liable under the prior and preferred lien for unpaid taxes under the pro- 
visions of this Article for any such shortage in returns and payments in pro- 
portion to the said shortage, and turn the proceeds into the ordinary sinking 
fund of the State under proceedings now provided by law ; and the Secretary 
of State, as agent of the Sinking Fund Commission, is hereby authorized, in 
cases of railroad property, real and personal, to fix the value thereon for the 
purposes of this Article, subject to the right of the taxpayer to appeal to the 
State *Board of Equalization of railroad property, to be convened in extra ses- 
sion at the request of the Secretary of State, and the decision of said board 
shall be final, and shall proceed to issue his execution against said property for 
the collection of said back taxes, costs and penalties, and collect the same under 
the provisions of Sections 109 to 115 inclusive. 
Civ. '02, § 104; 1898, XXII, 726. 

§ 109. Powers of Secretary of State as to Forfeited Lands — Val- 
uation. — It shall be lawful for the Secretar}- of State, as agent of the Com- 
missioners of the Sinking Fund, or for his authorized agent, to prepare a 
statement of the simple taxes, with fifteen per cent, penalty thereon for each 
and every levy which to him or his agent appears past due and unpaid upon 
any lands, buildings, and railroad property, real and personal, upon which any 
levy made by the Legislature appears past due and unpaid for twelve months ; 
the calculation of taxes due shall be made at such valuation as the Secretary of 
State may deem just and equitable. 

Civ. '02, § 105; 1892, XXII, 82. 

§ 110. Entry on Lands and Proceedings. — The Secretary of State shall 
then, by himself or his agent, enter upon the lands and personally serve a copy 
of such statement of dues, with a demand for payment of same, together with 
the necessary mileage, advertisement, and other costs and charges accrued 
thereon, upon any person whom he finds in possession of the land, or of any 
part thereof; and if he fails to find any one in possession of the land, or any 
part thereof, upon such entry he shall post a copy of such statement and demand 
upon the premises, and shall serve such person or persons as to him or his agent 
appears to be the last owner, with a copy of the said statement and demand, if 
such owner or party in interest be a resident of the County in which said land 
is located ; otherwise he shall, for three consecutive weeks, insert in some paper 
published in the County, or having a circulation therein, an advertisement, briefly 
describing the land, with the total amount due thereon, together with the mile- 
age, advertisement and other costs, and a demand for the payment of the same 



52 CIVIL CODE [§§111-112 

within three weeks from the date of the first insertion, under pain of distress 
and sale of the land to satisf)^ said demand, with costs. If payment in gold, 
silver or paper, national currency of the United States, be not made within 
three weeks from the date of personal service, posting or first insertion of ad- 
vertisement as above provided, then it shall be lawful at any time thereafter for 
the Secretary of State, as agent of the Commissioners of the Sinking Fund, to 
issue, in the name of the State, a warrant or execution in duplicate against the 
said land upon which said taxes, penalties, costs and charges are due, signed by 
him in his official capacity, directed to the Sheriff of the County in which the 
said land is situated, or to his lawful deputy, requiring and commanding him to 
levy the same by distress and sale of all of the said land in default to satisfy 
the taxes, State, school, County or other special levies, penalties, costs and 
charges against the property in the statement, together with the Sheriff's fees 
and costs, which warrant or execution shall run substantially in these words 

(filling the blanks to suit each case), viz. : Secretary of State, as ex 

officio agent of the Commissioners of the Sinking Fund, to the Sheriff of 

County, or to his lawful deputy : A\'hereas it appears that that 

lot or parcel of land, described as acres, more or less, situate in 

Township and County, bounded by lands of , 

is in default for taxes, penalties and costs to the amount of $ , as 

will more fully appear by the attached statement and demand, and by the return 
of the Secretary of State, or his agent, endorsed thereon, as to the service, post- 
ing, or advertisement of same as law requires, and the neglect of owner or per- 
son in interest to pay the above charges : These are, therefore, in the name of 
the State, strictly to charge and command you to levy by distress and sale of 

the said land the sum of dollars, together with dollaffs, the 

penalties, costs and charges thereof, and for so doing this shall be 3^our suffi- 
cient warrant. Given under my hand and seal this day of 

A. D. 19.... 



Secretary of State and ex officio Agent of the Commissioners of the Sinking 
Fund. 
Civ. '02, § 106; 1892, XXII, 82. 

§ 111. Fees, Costs and Expenses. — For every such statement and de- 
mand prepared, and so personally served or advertised by the Secretary of 
State, there may be collected for the Commissioners of the Sinking Fund, to 
be used for the benefit of the State, not more than three dollars, five cents per 
mile for every mile actually traveled, in entering upon the premises or service 
of the statement of dues and demand in going and returning, and not more 
than one dollar for advertising, and for every warrant issued by the Secretary 
of State, not more than two dollars. And the Sheriff shall take out of said 
land in default the following fees in the execution of his office : For serving 
warrant, one dollar, besides mileage at the rate of five cents for each mile 
actually traveled in executing the warrant ; for advertising sale, twenty-five 
cents ; for making sale and executing deed, three dollars ; and for all sums levied 
as the simple taxes, as aforesaid, five per cent : Provided, The printer's charge 
for advertising shall not exceed fifty cents for each tract of land levied on 
under execution ; and the Sheriff is prohibited from demanding or collecting 
any greater sum therefor than is hereby allowed; nor shall he receive fees upon 
nulla bona returns, nor from any other source than from the particular parcel 
upon which the particular fees, costs and charges accrue. 

Civ. '02, § 107; 1892, XXII, 82. 

§ 112. Sheriff's Possession, Sale, Proceedings and. Distribution of 
Proceeds. — Under and by virtue of said warrant or execution the sheriff' shall 
seize and take exclusive possession of said land in default, and. after due ad- 
vertisement, sell the same before the courthouse door of the County, on a reg- 



§113] OF SOUTH CAROLINA. 53 

ular salesday, and within the usual hours for public sales, for cash; make title 
therefor to the purchaser complying with terms of sale, and annex to said title 
the duplicate warrant, with endorsement thereunder ; put the purchaser in pos- 
session of the property sold and conveyed, and, after deducting from proceeds 
of sale the amount of taxes, penalties, costs and charges, shall pay over to the 
former owner, or to parties in legal interest, as their interest may appear upon 
conclusive proof thereof, the surplus, if any there be, and shall pay to the Sec- 
retary of State, as agent of the Commissioners of the Sinking Fund, within 
ninety days from the date when the execution was placed in his hands, all the 
taxes, penalties, costs and charges other than the Sheriff's costs for levy, ad- 
vertisement, and sale : Provided, That if the surplus be not paid over by the 
Sheriff within six months, to the former owner of land, or to the party formerly 
of legal or equitable interest in the land, upon a conclusive proof to the Sheriff 
of such ownership or legal interest, then, at the expiration of the said six 
months, it shall be the duty of the Sheriff' to pay over said surplus to the Sec- 
retary of State, with an accompanying statement, certified to by him officially, 
fully describing the land from which the particular surplus was derived, and 
showing clearly the amount for which said land was sold, the amount of costs 
and charges disbursed therefrom by him and the surplus remaining, and thereby 
paid over; said surplus shall be, by the Secretary of State, turned over to the 
Treasurer of the Sinking Fund, with the said accompanying statement, and be 
held by him for five years from date of sale, subject to the order of the Board 
of Commissioners of the Sinking Fund for the refunding of the same to any 
person or persons conclusively proving to the said Board that they are entitled 
to said surplus, or any part thereof, on account of their former ownership or 
legal interest. And that any surplus not so refunded within five years shall 
be passed to the general Sinking Fund of the State. In case there be no bid 
equal in amount to the taxes named in said warrant or execution, the County 
Auditor shall buy the land for the Commissioners of the Sinking Fund as the 
actual purchaser thereof for the amount of said taxes, costs, penalties and 
charges, and the Sheriff shall thereupon execute titles to the said Commissioners 
of the Sinking Fund as to any other purchaser and in the manner above pro- 
vided, and shall put them, or their authorized agent in possession of the prem- 
ises, upon the payment to him, by the Commissioners of the Sinking Fund, the 
costs and fees above provided for the Sheriff. The land so sold and purchased 
and delivered to the said Commissioners of the Sinking Fund shall be treated 
by them as assets of the State in their charge and by them sold at such times 
and in such manner and upon such terms as by them shall be deemed most ad- 
vantageous to the State.6 

Civ. '02, § 108; 1892, XXII, 82. 

§ 113. Petition by Owner — Appeal to Sinking Fund Commission — 
Proceedings. — In case any owner or person having any interest in any parcel 
of such land alleged to be in default by the Secretary of State as aforesaid, 
shall allege that the taxes have been paid, he can, and may, before the issuing 
of the warrant to the sheriff, set forth his alleged grievance by petition in writ- 
ing, accompanied with such evidence in writing as he may desire to submit, to 
the Secretary of State, whose duty it shall be to pass upon the same; and if 
the petitioner shall be dissatisfied with the ruling of the Secretary of State, he 
shall have the right of appeal to the Board of Commissioners of the Sinking 
Fund, who are authorized to hear and pass final judgment upon such appeal, 
provided the appealing petitioner, within twenty days of the ruling of the Sec- 
retary of State, file with the Secretary of State a written appeal to the said 

6. Failure to proceed against personal property State v. Evans, 33 S. C. 184, 11 S. IS. 697. 

renders deed to land under tax sale void. John- The defaulting taxpayer has the right to redeem by 

son V. Jones, 72 S. C. 270, 51 S. E. 805. Fraud- paying the taxes and costs at any time prior to 

ulent purchase by taxpayer in name of third the sale. Ebaugh v. Mullinax, 40 S. C. 244, 18 

party. lb. S. E. 802. 



54 CIVIL CODE [ §§ 114-115 

Board, with all papers in the case, and pending the decision of the said Board 
on such appeal there shall be a stay of the issuing of the warrant to tlie Sheriff: 
Provided, That if, before the issuing of the execution by the Secretary of State 
to the Sheriff', any owner or person interested in the land shall personally file 
with the Secretary of State, or with his agent, notice that he deems the valua- 
tion fixed by the Secretary of State as excessive, and that he desires the Town- 
ship Board of Assessors to value the property, then it shall be the duty of the 
Secretary of State, or his agent, to call upon the said Township Board of As- 
sessors for the Township in which the land is located, to certify to him a valua- 
tion of the said land, with improvements thereon, under pain of any member 
being removed from office and being fined five dollars by any ^Magistrate (one- 
half of said fine for the benefit of the Commissioners of the Sinking Fund and 
one-half for the person demanding the valuation), who shall fail to so certify 
a valuation within one week, and such valuation by the members of the said 
Board of Assessors, or a majority of them, shall be final and conclusive, with- 
out right of appeal therefrom : And provided, further, If the said owner, or 
persons, in interest, do not appear and personally serve in writing the Secretary 
of State, or his agent, with such personal notice of appeal to the Township 
Board of Assessors, they shall be ever afterwards barred from any appeal what- 
ever from the valuation placed upon the land by the Secretary of State, or his 
agent. 

Civ. '02, § 109; 1892, XXII, 82. 

§ 114. Tax Duplicate to Be Prima Facie Evidence — Rebutting Evi- 
dence Limited. — The failure of the tax duplicates to show the payment of any 
levy, or part thereof, made by the General Assembly, shall in all Courts of this 
State, be received as prima facie evidence of the non-payment of such levy, or 
part thereof, and of the existence of the State's prior and preferred lien upon 
the land to secure the payment of such levy, or part thereof, with such penalties 
and costs as may have accrued thereon, and as a sufficient warrant for the ex- 
ecution and sale herein provided, and no rebutting evidence shall be in any 
proceeding in this State admitted except the production of the tax receipt, signed 
by the County Treasurer, or a receipt or certificate, signed by the Secretary of 
State, or his agent, showing that said levy, or part thereof or any penalties and 
costs that may have accrued thereon, were paid at the proper time and to the 
person authorized by law to receive it : Provided, further, That such receipt, 
or certificate of payment, shall be evidence only as to the particular lev}' to 
which it refers, and shall not affect any other levy, or charges or action here- 
under. 

Civ. '02, § 110; 1892, XXII, 82. 

§ 115. Sheriff's Deed Prima Facie Evidence^Limitation of Action — 
Necessary Evidence. — In all cases of sale, the Sheriff's deed of conveyance, 
whether executed to a private person, a corporation, or to the Commissioners 
of the Sinking Fund, shall be held and taken as prima facie evidence of good 
title in the holder, and that all proceedings have been regular and all require- 
ments of the law have been complied with. No action for the recovery of land 
sold by the Sheriff under the provisions of this Act, or for the recovery of the 
possession thereof, shall be maintained unless brought within one year from 
the date of sale, and unless it be sustained by conclusive evidence from the tax 
duplicate, or from a tax receipt signed by County Treasurer, or by a certifi- 
cate signed by the Secretary of State, or by his agent, showing that all of the 
taxes and levies for which the land was sold, with the costs that may have 
accrued thereon, were paid prior to the sale, at the proper time, and to the prop- 
erly authorized officials." 

Civ. '02, § 111; 1892, XXII, 82. 

7. Limitation of action to recover. Hunter v. -'. Christensen, 80 S. C. 146, 149, 61 S. E. 399. 
Schumpert, 80 S. C. 25, 61 S. E. 104; Heyward See, also, post, § 470, 



§§116-120] OF SOUTH CAROLINA. 55 

§ 116. Cumulative Remedies — Existing Suits. — The remedy afforded 
by Sections 109 to 115 inclusive is additional to existing remedies, and the Com- 
missioners of the Sinking Fund shall always have the choice of remedies, and 
the right to abandon either remedy at any stage of proceedings and adopt any 
other existing remedy. The provisions of Sections 109 to 115 inclusive may 
be appHed to cases already in suit, as well as to other cases. 
Civ. '02, § 112. 

§ 117. Sinking Fund Commission's Power to Investigate Irregular- 
ities and Shortages in Tax Collections. — Except as to the collection of all 
such tax claims as are described and set forth in Section 108, the Sinking Fund 
Commission shall not collect any tax for the Sinking Fund Commission : Pro- 
vided, That the Sinking Fund Commission shall have the right to fully investi- 
gate all cases of tax receipts issued by County Treasurers, Sheriffs or Deputy 
Sheriffs, found by the agent in the hands of the taxpayers, the money therefor 
being not turned over and accounted for by such Treasurer, Sheriff or Deputy 
Sheriff, and other like irregularities and shortages found to exist against the 
said officers in the matter of tax collections ; and the right and power to collect 
the money due in all such cases, by an action or actions which they are hereby 
authorized to bring in any Court of competent jurisdiction under existing laws, 
such sums being past due and unpaid for twelve months, and having escapecl 
the detection and correction by the Comptroller General in the annual settle- 
ment between the Auditor and Treasurer: Provided, That such action shall 
in no manner affect the criminal liability of such defaulting officer : Provided, 
further, That when the Sinking Fund Commission shall collect any moneys on 
account of said shortages, they shall retain, for the benefit of the State Sinking 
Fund, only the State's portion of the taxes thereon, and refund all the balance 
thereof to the County Treasurer, where it belongs, after deducting ten per 
cent, of said balance on account of expenses of collecting said balance. 

Civ. '02, § 113; 1900, XXIII, 353. 

§ 118. Sinking Fund Commission to Collect Unpaid School Taxes. — 

AA'henever, under operation of existing law, unpaid taxes, costs and penalties 
have become, or hereafter shall become, assets of the State in charge of the 
Commissioners of the Sinking Fund by reason of the same being past due and 
unpaid for twelve months, whether the same be upon or off the Tax Duplicate, 
or upon or off the Forfeited Land list as forfeited prior to December 24th, 
1887, the Secretary of State, as agent of the Commissioners of the Sinking Fund, 
shall hereafter, once a year, pay over to the respective County Treasurers (to 
be by them placed to the credit of the common school fund), out of such assets 
as may have been collected by him during the year, so much thereof as would 
have been the simple Constitutional school tax had the same not become assets 
of the State in charge of the Commissioners of the Sinking Fund, as aforesaid. 
Civ. '02, § 114; 1896, XXII, 61. 

§ 119. Disposition of Lands Forfeited and Sold to State. — The Sheriff 
of each County shall be required, at the request of the Sinking Fund Commis- 
sion, to take and hold possession of all lands forfeited and sold to the State for 
taxes, and rent out the same for said Commission, and negotiate sales of the 
same, and shall rent out and negotiate sales of any lands in his County belong- 
ing to the State, and collect all of said rents, and have the right to proceed to 
collect the same, in the name of the Commission, by any and all of the pro- 
ceedings allowed by existing law. 

Civ. '02, § 115; 1898, XXII, 729. 

§ 120. Sheriff's Rentings and Sales — Commissions — Return to State 
Secretary — Costs — Supervision — Liability. — For doing said renting he 
shall have a commission of ten per cent, on all rents collected, and for making 
sales he shall have five per cent, of the amount realized from said sale ; but he 



56 CIJ7L CODE [ §§ 121-124 

shall receive his commissions on each installment when it is paid,, if the sale 
should be partly for cash and partly on time. The Sherift' shall promptly send 
to the Secretary of State a minute and full description, in writing, of all prop- 
erty purchased at tax sale for the Sinking Fund Commission, and shall promptly 
send to the Secretary of State a title deed for all real estate so purchased, 
made and executed in the manner and form approved by the Attorney Gen- 
eral; and no costs or fees allowed by law to County Treasurers, Auditors or 
Sheriffs for issuing execution, making levy, sale or deed, taking and holding- 
exclusive possession, or for noting transfer in such cases, shall be paid by the 
Commissioners of the Sinking Fund to said County Treasurers, Auditors or 
Sheriff's until the land or property upon which said costs or fees accrued shall 
have been sold by the Commissioners of the Sinking Fund and paid for, or 
until he collects sufficient rent from any parcel of land to pay costs and fees 
accrued thereon: Provided, That in cases where any such sale and convey- 
ance have occurred since the eighteenth day of February, A. D. 1898, the Com- 
missioners of the Sinking Fund, after the deed of conveyance and the posses- 
sion of the land have been turned over to them, and they have become satisfied 
as to the regularity of the proceedings under w'hich the land was sold and con- 
veyed, shall be, and are hereby, authorized to pay at once any costs and fees 
of any County Treasurer, County Auditor or Sheriff incurred in reference to 
such land. That in holding, or renting, or negotiating sales of property, or 
collecting money for the Commissioners of the Sinking Fund, the County Sher- 
iff shall act under their direction and control, and shall make reports and render 
accounts and make settlement in such manner and at such times as said Com- 
missioners may require. 

The said Sheriff's official bond shall be liable for the funds so collected for 
the Sinking Fund Commission, less his commissions on the same. 

Civ. '02, § 116; 1899, XXIII, 259. 

§ 121. Expenses of Survey — How Paid. — Xo expenses for surveying 

out abandoned lands for the Sinking Fund Commission shall be incurred un- 
less a prospective purchaser shall deposit enough of money with the Commis- 
sion to cover said expenses of the survey, or shall file a written agreement with 
said Commission to look to the proceeds of the lands when sold, and to no other 
source, for his pay. 

Civ. '02, § 117; 1898, XXII, 729. 

§ 122. Commissioners to Refund Money to Purchasers Who Have 
Purchased Lands Not Abandoned. — When any land shall be sold by the 
Commission as abandoned lands, and it turns out that the lands are not aban- 
doned, but the taxes have been paid, and the purchaser loses the land, the 
Commissioners shall refund the money to said purchaser. 

Civ. '02, § 118. 

§ 123. Number of Salaried Field Agents The number of salaried field 

agents employed by the Commissioners of the Sinking Fund shall be one, at 
a salary not exceeding one hundred dollars per month, payable out of his col- 
lections for the Commissioners of the Sinking Fund, who shall discharge the 
duties imposed by the provisions of this Article, and without other compensa- 
tion shall also perform such other field work relating to escheated land and other 
matters as the Commissioners of the Sinking Fund may require : Provided, 
That the Commissioners of the Sinking Fund may employ as many additional 
field agents as they may deem advisable, the sole compensation of each of whom 
shall be a commission not exceeding twenty-five per cent, upon his actual net 
collections and remittances to the Commissioners of the Sinking Fund. 

Civ. '02, § 119. 

§ 12 4. Duty of County Auditor as to Property Off Tax Books. — 

\\'hen the officials of a County charged with the assessment of property, or col- 



§§125-128] OF SOUTH CAROLINA. 57 

lection of taxes, shall discover any property off the tax books, the Coimty 
Auditor is authorized to charge same on tax books (and at once notify the 
Comptroller General, who shall immediately notify the Secretary of State, as 
agent of the Sinking Fund Commi'ssion), with taxes of the current year and 
all back taxes due, and the County Treasurer shall collect and expend the same 
as if the said collection were taxes of the then current year. Xo County Au- 
ditor shall charge property with back taxes after written notice from the agent 
of the Sinking Fund Commission that the back taxes on this particular piece 
of property are then in process of collection by the said Sinking Fund Commis- 
sion. And the Sinking Fund Commission's agent shall give said notice to said 
Auditor, immediately on discovery of facts rendering it necessary to investigate 
as to any such piece of property. And if the said Auditor, Treasurer or Sheriff 
shall refuse to allow such free access to said executions, books and records, the 
said agent may proceed by mandamus to require him or them to give access to 
the same; and if the said Sheriffs and Treasurers shall refuse or neglect to make 
the return of said executions to the Auditor's office in due time, they may be 
compelled by mandamus to make said return : Provided, That if the said Sher- 
iff' have or shall have lost any tax execution placed in his hands by the County 
Treasurer in any year or years prior or subsequent to the approval of this Act, 
and cannot, or will not, account for or pay for the same within one year from 
the time the taxes pertaining to said lost executions were past due, the said 
Sinking Fund Commission shall have the right to recover from the said Sheriffs 
treble the amount of such taxes and penalties, in an action or actions which they 
are hereby authorized to bring in any Court of competent jurisdiction : Pro- 
vided, That this provision shall not affect in any manner the rights and powers 
of County Treasurers to enforce the collection of taxes by Sheriff's under ex- 
isting laws exercised within one year from the time the same became past due. 
Civ. '02, § 120; 1898, XXII, 725. 

§ 125. Public Buildings to Be Insured. — After the expiration of the 
policies of insurance on any and all public buildings in and of this State, 
and of the several Counties of this State, colleges. State Hospital for the In- 
sane, South' Carolina Institution for the Education of the Deaf, Dumb and 
Blind, graded school bviildings and common school houses excepted, al^ insur- 
ance on public buildings shall be carried in the manner hereinafter provided. 

Civ. '02, § 121; 1900, XXIII, 397; 1901, XXIII, 738; 1902, XXIII, 967. 

§ 126. Premiums Paid by Counties. — Beginning on the first day of 
January, 1901, or on the expiration of such policies as may expire after the 
1st Januar}^, 1901, there shall be paid annually, to the Commissioners of the 
Sinking Fund, by each County in this State, two-thirds of the amount paid an- 
nually in premiums for insurance on its public buildings, for the purpose of 
creating an "Insurance Sinking Fund," which money, when received by said 
Commissioners of the Sinking Fund, shall be held and invested by them, as . 
other funds in their hands, for the purposes hereinafter provided ; and that a 
separate account of such funds shall be kept. 

Civ. '02, § 122; 1900, XXIII, 397; 1901, XXIII, 738. 

§ 127. Amount of Insurance. — The value of public buildings of each of 
the Counties, as fixed by the policies of insurance on said buildings, now of 
force, shall be taken to be the value of such buildings, and the amount of in- 
surance fixed by said policies be the amount of insurance to be allowed and 
carried on said buildings hereunder. 

Civ. '02, § 123; 1900, XXIII, 397; 1901, XXIII, 738. 

§ 128. Premiums Paid by State. — The Slate Treasurer shall pay an- 
nually, on the warrant of the Comptroller General, who shall draw his warrant 
therefor, to the Commissioners of the Sinking Fund, two-thirds of the amount 



58 CIVIL CODE [§§129-134 

now paid annually in premiums for insurance on public buildings of the State. 
No insurance shall be carried on the State House. 
Civ. '03, § 134; 1900, XXIII, 397; 1901, XXIII, 738. 

§ 129. Insurable Value. — The value of all public buildings hereafter built 
shall be the actual cost of such buildings, and the insurance to be carried shall 
be three-fourths of such value. 

Civ. '03, § 135; 1900, XXIII, 397; 1901, XXIII, 738. 

§ 130. Adjustment of Losses. — In case any of such public buildings of 
any County of the State be damaged by fire or lightning, three appraisers shall 
be appointed, one to be named by the Commissioners of the Sinking Fund, 
one by the County Supervisor, and the two so appointed shall select the third, 
who shall ascertain and fix the amount of the damage, and file their report with 
the Commissioners of the Sinking Fund and with the County Treasurer of the 
County where the loss occurred, and the said Commissioners of the Sinking 
Fund shall pay to the County Treasurer the amount so fixed. In case of a total 
loss by fire or lightning of any of such public buildings, the amount of insur- 
ance carried hereunder shall be paid by the Commissioners of the Sinking 
Fund to the County Treasurer of the County where the loss occurred; and in 
case of loss or damage to any State building insured hereunder, the amount of 
loss shall be fixed by a like appraisement, one appraiser to be named by the 
State Treasurer ; and the amount of loss, when fixed, shall be placed by the 
Sinking Fund Commission to the credit of an account to be opened in the name 
of the building lost or damaged, and use the same to pay for the rebuilding or 
repairing of such building. 

Civ. '03, § 126. 

§ 131. Limit of Insurance Fund When the insurance fund herein pro- 
vided for in this chapter reaches the sum of two hundred thousand dollars, 
no further premiums shall be paid, either by the Counties or the State, until a 
part of such fund has been used in the payment of losses ; and in that event 
the premiums of insurance shall be again paid, as provided in this xhapter until 
the fund again reaches the sum of two hundred thousand dollars. 
Civ. '02, § 137. 

§ 132. Officers to Insure Building's. — The proper officers having by law 
the care and custody of State or County buildings, shall insure such buildings 
under the provisions herein set forth, whether such buildings have been hereto- 
fore insured or not. 

Civ. '03, § 138; 1900, XXIII, 397; 1901, XXIII, 738. 

§ 133. Value of Uninsured Buildings — How Fixed. — In those Counties 
where no insurance is at present carried on the public buildings, or where it is de- 
sired to increase or decrease the amount of insurance, the value of the buildings 
and the amount of insurance to be carried shall be fixed by three appraisers, ap- 
pointed in the manner provided for appointing appraisers in Section 130. The 
amount of insurance carried on any building insured hereunder shall not ex- 
ceed three- fourths of the value of such building; and the rate charged for insur- 
ance on buildings not heretofore insured shall be the same rate charged on 
other like buildings, with a just additional amount on account of exposures, to 
be fixed by the said appraisers, when in their judgment such additional premium 
is necessary. 

Civ. '03, § 139; 1900, XXIII, 397; 1901, XXIII, 738. 

§ 134. Rate of Premium— How Changed. — Where it, is desired to in- 
crease or decrease the rate charged for insurance on any buildings heretofore 
insured or hereafter to be insured hereunder, so as to make said rate commen- 
surate with any increased or diminished hazard or exposure of any such build- 



§§135-136] OF SOUTH CAROLINA. - 59 

ing, the rate shall be fixed by three appraisers appointed in the manner pro- 
vided for appointing appraisers in Section 130.^^ 

Civ. '02, § 129. 

§ 135. When Insurance Shall Be Taken in Old Line Companies. — 

Whenever the amount of insurance to be carried under the preceding Sections 
125 to 132 of this Chapter, each inclusive, upon any one building amounts to 
more than fifty per cent, of the assets in the hands of the Commissioners of the 
Sinking Fund belonging to the fund for State insurance of public property, then 
it shall be the duty of the County Supervisor for County property, and of the 
person or persons charged with its care and custody for State property, at the 
premium rate charged for like risks by reliable old line insurance companies, to 
seek and obtain from the Commissioners of the Sinking Fund concurrent in- 
surance thereon equal in amount to fifty per cent, of the amount of said insur- 
ance fund assets at that time in the hands of the Commissioners of the Sinking 
P'und, and to obtain from and carry concurrently with some old line insurance 
company or companies the remainder pi the insurance to be carried upon said 
building. 
1909, XXVI. 91. 

§ 136. Insurance of State Property by Sinking- Fund Commission — 
Apportionment — Comptroller General's Duties. — By resolution of the Com- 
mission, duly recorded in their Minute Book, the Commissioners of the Sinking 
Fund of the State are authorized, in their discretion, to require that all or any 
new insurance or renewal of insurance already existing, which shall be taken 
out after June 1st, 1907, upon all or any of the buildings and contents thereof 
of the State Hospital for the Insane, the South Carolina Institution for the Edu- 
cation of the Deaf, Dumb and Blind, and of the South Carolina College, Clem- 
son College, Winthrop College, the South Carolina Military Academy, at 
Charleston, S. C, and upon the Colored Normal, Industrial, Agricultural and 
Mechanical College of South Carolina, at Orangeburg, S. C, shall be carried as 
follows : SO per cent, of all the insurance carried upon each building, and its 
contents, shall be carried in reliable old line insurance companies as hereto- 
fore, and 10 per cent, of all the insurance carried upon each of said buildings, 
and the contents thereof, shall be carried in the State Department of Insurance 
of Public Property by the Sinking Fund Commission ; said 90 per cent, of the 
insurance carried by the said reliable old line insurance companies, and the 10 
per cent, thereof carried by the Sinking Fund Commission on said buildings, 
and the contents thereof, shall be concurrently carried, and the policies shall be 
issued concurrently and coterminally, and the premium and losses paid upon 
each of said concurrent policies shall be proportionate to the amount of in- 
surance carried in each of said concurrent policies, so that the premium paid to 
the Commissioners of the Sinking Fund for carrying one-tenth of the insur- 
ance so carried shall be one-ninth of the aggregate amount of premiums paid 
to the said old line insurance companies for carrying nine-tenths of the total 
amount of insurance so concurrently carried ; and in the event of loss or damage 
by fire, the amount paid for such loss or damage by the Commissioners of the 
Sinking Fund shall be one-tenth of the whole amount for which all of the 
concurrent policies (including the Sinking Fund Commission's policy) are liable, 
the Commissioners of the Sinking Fund settling pro rata vipon the same basis 
upon which the said old line insurance companies settle their proportion of the 
loss, whether the same be ascertained and fixed by mutual appraisement or ar- 
bitration, or by adjudication in the Courts. Said premiums received by the Com- 
missioners of the Sinking Fund shall be paid into the general insurance sinking 
fund, from which general insurance fund, for the insurance of public buildings 
and public property, the Commissioners of the Sinking Fund shall pay all losses 

•S. See Criminal Code. 



60 CIJ'IL CODE [ § 137 

by fire for which they are legally liable. It shall be the duty of the Comp- 
troller General to cause the insurance premiums, as required by this Section, to 
be paid simultaneously, nine-tenths thereof to said old line insurance .-compa- 
nies and one-tenth thereof to the State Treasurer, as Treasurer of the Sinking 
Fund Commission, each payment to the State Treasurer, to be accompanied with 
such detailed information to the State Treasurer as to the description of the 
property insured, the total amount of insurance so concurrently carried thereon, 
and at w^hat total premium, and for what term carried, as to enable the Com- 
missioners of the Sinking Fund to properly issue the Sinking Fund concur- 
rent policy of insurance. It shall be the duty of every person or persons, official 
or officials, receiving from any old line insurance company any notice concerning 
the cancellation or substitution of any of said concurrent policies issued bv said 
old line insurance company, or any notice concerning any increase of hazard, or 
concerning any increase of premium based thereon upon any property covered by 
any said concurrent old line company policy, to at once mail, under an imme- 
diate delivery postage stamp, a correct copy of such notice to the State Treas- 
urer, and also promptly, and at all times, to render and give to the Comptroller 
General and to the State Treasurer such other information and aid as the execu- 
tion of this Section may require. 
1907, XXV, 583. 

§ 137. Apportionment to Old Line Companies. — And new Insurance 
or renewal of old insurance which may hereafter be taken out upon the build- 
ings, and the contents thereof, mentioned in Section 135, shall be carried con- 
currently as provided in said Section 135, with the following changes as to the 
proportionate amounts of concurrent insurance respectively carried, and liabil- 
ity respectively incurred by the said reliable old line insurance companies, and 
by the said Sinking Fund Commission : Eighty per cent, thereof shall be car- 
ried in said reliable old line insurance companies, and twenty per cent, thereof 
shall be carried in the said Sinking Fund Commission: and that hereafter (after 
2nd I\Iarch, 1909), whenever the said assets in the hands of Sinking Fund Com- 
mission (2nd Alarch, 1909), shall increase twenty-five (25) per cent, the amount 
of insurance carried concurrently by the said Sinking Fund Commission upon 
the said buildings and the contents thereof shall be increased five per cent., the 
percentage of insurance thereon concurrently carried by said old line insur- 
ance companies being proportionately decreased : Provided, That the amount 
of insurance so carried concurrently by the said Sinking Fund Commission upon 
any one building shall not exceed fifty per cent, of the said insurance fund as- 
sets in the hands of the Commissioners of the Sinking Fund. It shall be the 
duty of the Commissioners of the Sinking Fund to prepare statements show- 
ing the amount of these insurance assets in their hands on June 30tli and De- 
cember 31st of each year (or oftener if they deem it necessary), after deduct- 
ing therefrom all amounts paid by them for losses incurred and for all ex- 
penses necessary to the proper conduct of the business of State insurance of 
public property. That after ]\Iarch 15, 1909, the insurance carried on the main 
warehouse building and on the office building of the late State dispensary in 
Columbia, S. C, and on the buildings and contents thereof belonging to the 
Industrial School for boys, and of the Reformatory for colored boys, shall be 
carried under the provisions of this Section, and under the provisions of said 
Section 136. 

1909, XXVI, 92. 



§§138-140] OF SOUTH CAROLINA. , 61 

ARTICLE 2.9 
Land Containing Phosphate Rock and Phosphatic Deposits. 

Sec. • Sec. 

138. Board of Phosphate Commission- 149. Limit of royalty — Notice of in- 

ers — Constitution of, and com- crease. 

pensation. 150. Board notifies Comptroller-Gep-eral 

139. Chairman and Secretary of Board of license issued — Time and 

• — -Quorum. particulars of notice. 

140. Board has exclusive control of 151. When additional security to bond 

State's phosphate interests — Ex- may be required— Proceedings, 

ceptions. 152. Proceedings for relief of sureties 

141. Powers, rights, etc., of Board. — New bond and its efifect. 

142. Protection of State's interests in 153. Coosaw River phosphate territory 

phosphate deposits and mines — Powers and duties of Board 

against adverse claimants. in relation thereto. 

143. Survey of State's phosphate terri- 154. Board to report annually to Gen- 

tory. eral Assembly. 

144. Powers of Board as to grant of 155. Mining without license — Penalty. 

licenses. 156. Buying or receiving from person 

145. May grant or refuse applications not licensed. 

for license. 157. Penalty. 

146. Bond of licensee — Condition — How 158. Board may take proceedings to 

approved. prevent interference, etc. 

147. Returns of rock mined and pay- 159. Forfeiture of boats, dredges, etc., 

nient of royalty — When and to used by unlicensed persons — 

whom made. Proceedings to enforce same. 

148. Power of Board of Phosphate 160. Office of Phosphate Inspector abol- 

Commissioners to fix rates for ished. 

digging phosphate. 

§ 138. Board of Phosphate Commissioners — Constitution of and 
Compensation. — A Board of Phosphate Commissioners is established, which 
shall be constituted as follows : The Governor, the Attorney General, and Comp- 
troller General, and two persons, citizens of the State; the last two to be ap- 
pointed by the Governor, Attorney General and the Comptroller General for the 
term of six years ; the first appointment, however, to be made, one for four 
years, and one for six years. The Governor, Attorney General, and Comptroller 
General shall not receive any compensation for their services on this Board 
except actual traveling and other necessary expenses while engaged in attending 
to their duties as members of the Board when the same shall be performed at 
any other place than the State Capitol. The two Commissioners appointed as 
above shall receive as compensation for their services the same per diem and 
mileage as members of the General Assembly for the time they are actually en- 
gaged in performing the duties of their office. 

Civ. '02, § 130; R. S. 87; 1890, XX, 691. 

§ 139. Chairman and Secretary of Board — Quorum. — The Governor 
shall be Chairman of the Board, and three members shall constitute a quorum" 
for the transaction of any business pertaining to the Board, and the Secretary 
shall be appointed from among the members of the Board. 

Civ. '02, § 131; R. S. 88; 1890, XX, 691. 

§ 140. Board Has Exclusive Control of State's Phosphate Inter- 
ests — Exceptions. — The Board shall be charged with the exclusive control 
and protection of the rights and interest of the State in the phosphate rocks 
and phosphatic deposits in the navigable streams and in the marshes thereof, ex- 
cept that the Comptroller General shall continue to receive the reports of rock 
mined and dug and the royalty paid into the State Treasury. 
Civ. '02, § 132; R. S. 89; 1890, XX, 691. 

O. The effect of this Article considered in Coosaw Mining Co. v. State of So. Ca., 144 U. S. 550. 



62 CIVIL CODE [ §§ 141-146 

§ 141. Powers, Rights, etc., of Board. — All the powers, duties, rights 
and privileges vested in, and exercised by, the late Department of Agriculture, 
as heretofore established by law, so far as the same pertains and relates to the 
management and protection of the rights and interests of this State in the phos- 
phate rocks and phosphatic deposits in the navigable streams of this State, and 
in the marshes thereof, are hereby vested in, and are devolved upon, the Board 
of Phosphate Commissioners. 

Civ. '02, § 133; R. S. 90; 1890, XX, 691. 

§ 142. Protection of State's Interests in Phosphate Deposits and 
Mines against Adverse Claimants. — The Board are further authorized and 
empowered to inquire into and protect the interests of the State in and to any 
phosphate deposits or mines, whether in the navigable waters of the State or in 
land marshes, or other territory owned or claimed by other parties, and in the 
proceeds of any such mines, and to take such action for, or in behalf of. the 
State, in regard thereto, as they may find necessary or deem proper.^^ 
Civ. '02, § 134; R. S. 91; 1890, XX, 694. 

§ 143. Survey of State's Phosphate Territory. ^ — The Board are hereby 
empowered and directed, if they see proper, as soon as practicable, to begin a 
survey of the State's phosphate territory, and for this purpose they may employ 
such experts and other persons, and may obtain, by purchase or otherwise, such 
a dredge or other apparatus as shall be found necessary to prosecute this work 
in a thorough manner. 

Civ. '02, § 135; R. S. 92; 1890, XX, 692. 

§ 144. Powers of Board as to Grant of Licenses. — The Board are au- 
thorized to grant to all citizens of the State, and bodies corporate, applying for 
the same, licenses granting a general right to dig, mine and remove phosphate 
rock and phosphatic deposits from all the navigable streams and waters and 
marshes of the State, and also from such of the creeks, not navigable, lying 
therein, as may contain phosphatic rock and deposits, belonging to the State 
and not previously granted. Such licenses shall be for the term of one year, 
renewable at the pleasure of the Board. 

Civ. '02, § 137; R. S. 94; G. S. 67, 69, 70; 1878, XVI, 781. 840. 

§ 145. May Grant or Refuse Applications for License. — In every case 
in which such application shall be made to the Board for a license, the Board 
may grant or refuse the license as they may deem best for the interest of the 
State and the proper management of the interests of the State in such de- 
posits. ^i 

Civ. '02, § 138; R. S. 95; 1884, XVIII, 779. 

§ 146. Bond of Licensee — Condition — How Approved. — As a condi- 
tion precedent to the right to dig, mine and remove the said rocks and deposits 
hereby granted, each person or company shall enter into bond, with security, 
in the penal sum of five thousand dollars, conditioned for the making, at the 
end of every month, of true and faithful returns to the Comptroller General 
of the number of tons of phosphate rock and phosphatic deposits so dug or 
mined, and the punctual payment to the State Treasurer of the royalty hereinafter 
provided at the end of every quarter or three months, which bond and sureties 
therein shall be subject to the approval now required by law for the bonds of 
State officers. 

Civ. '02, § 139; G. S. 68; R. S. 96; 1878, XVI, 781. 

10. Suit to prevent illegal interference with con- the Board to grant such license. State v. Hagood, 
trol of phosphate mines is cognizable in equity. 30 S. C. 519, 9 S. E. 686. 

Coosaw Mining Co. ■;'. South Carolina, 144 U. S. In the exercise of their discretion the Board can- 

550, 564, 36 L. Ed. 537. not determine the constitutionality of the .Act. 

11. The duty imposed by this section involves State v. Hagood, 30 S. C, 519, 9 S. E. 686. 
discretion, and mandamus will not issue requiring 



§§147-152] OF SOUTH CAROLINA. 63 

§ 147. Returns of Rock Mined and Payment of Royalty— When and 
to Whom Made. — Each and every person, or body corporate, to whom hcenses 
shall be issued, must, at the end of every month, make to the Comptroller Gen- 
eral true and lawful returns of the phosphate rocks and phosphatic deposits 
they may have dug or mined during said month, and shall punctually pay to 
the State Treasurer, at the end of every quarter, or three months, the royalty 
provided by law to be paid thereon, which shall not exceed two dollars per ton 
upon each and every ton of the crude rock, and not of the rock after it has 
been steamed or dried, the first quarter to commence to run on the first day 
of January in each year. 

Civ. '02, § 140; G. S. 68; R. S. 97; 1878, XVI, 781; 1892, XXI, 393. 

§ 148. Power of Board of Phosphate Commissioners to Fix Rates 
for Digging Phosphate. — The Board of Phosphate Commissioners of this 
State are hereby vested with full and complete power and control over all min- 
ing now being done, or hereafter to be done, within the phosphate territory be- 
longing to the State of South Carolina, and over all persons or corporations dig- 
ging or mining phosphate rock or phosphatic deposit in the navigable streams and 
waters, or in the marshes thereof, with full power and authority to fix, regulate, 
raise or reduce such royalty as shall from time to time be paid to the State 
per ton by such persons or corporations for all or any such phosphate rock dug, 
mined, removed and shipped or otherwise sent to the market therefrom: Pro- 
vided, Six months' notice shall be given all persons or corporations at such time 
digging or mining phosphate rock in said navigable streams and waters or marshes 
before any increase shall be made in the rate of royalty theretofore existing. 

Civ. '02, § 141; R. S. 98; 1897, XXII, 504. 

§ 149. Limit of Royalty — Notice of Increase. — The Board of Phos- 
phate Commissioners of the State are hereby authorized and empowered to fix 
the royalty to be paid the State by parties mining in the navigable waters and 
the marshes of this State at such amounts, not to exceed two dollars per ton, 
and for such periods as they, upon full investigation and examination, may deem 
advisable: Provided, That six months' notice be given of any raising of such 
royalty above the sum of. one dollar. 

Civ. '02, § 142; 1893, XXI, 383. 

§ 150. Board Notifies Comptroller General of Licenses Issued — Time 
and Particulars of Notice.— The Board shall, within twenty days after the 
grant of any licenses, as aforesaid, notify the Comptroller General of the issu- 
ing of such licenses, with the name of the person to whom issued, the time of 
licenses, and the location for which it was issued. 

Civ. '02, § 143; R. S. 99; 1889, XX, 298. 

§ 151. When Additional Security to Bonds May Be Required— Pro- 
ceedings. — AMienever the Board shall have reason to doubt the solvency of 
any surety whose name appears upon any bond heretofore executed, or which 
may hereafter be executed, for the purpose of securing the payment of the 
phosphate royalty by any person, or corporation, or company, digging, mining 
and removing phosphate rock, or phosphatic deposits, in any of the territory, 
the property of the State, under any grant or license, it shall be the duty of the 
Board forthwith to notify the person, corporation or company giving such 
bond, and the sureties thereon, and to require that one or more sureties, as the 
case may be, shall be added to said bond, which surety or sureties shall be 
approved by the Board. 

Civ. '02, § 144; R. S. 100; 1883, XVIII, 304. 

§ 152. Proceeding for Relief of Sureties — New Bond and Its Effect. — 

It shall be the duty of the Board, upon petition filed by any person who now is, 
or shall hereafter become, surety on any such bond as aforesaid, and who con- 
siders himself in danger of being injured by such suretyship, to notify the per- 



64 CIJ^IL CODE [ §§ 153-157 

son, corporation, or company, giving said bond to give a new bond with other 
sureties, and upon failure to do so within thirt)'- days, to cause said person, com- 
pany or corporation to suspend further operations until a new bond be given, 
but in no case shall the sureties on the old bond be discharged from liability 
thereon until the new bond has been executed and approved, and said sureties 
shall not be discharged from any antecedent liability by reason of said surety- 
ship. 
' Civ. '02, § 145; R. S. 101; 1883, XVIII, 304. 

§ 153. Coosaw River Phosphate Territory — Powers and Duties of 
Board in Relation Thereto.- — The Board are hereby authorized and directed 
after the first day of ]\Iarch. 1891, to take possession and control of the Coosaw 
River phosphate territory heretofore occupied by the Coosaw Alining Com- 
pany, and to issue licenses to mine therein, and remove phosphate rock and 
phosphate deposits therefrom, in like manner as is now provided by law for the 
other navigable streams and waters of the State : Prov-ided, That such parties 
so licensed or authorized shall be deemed the agents of the State, and each ton 
of phosphate rock or phosphatic deposits the product of such mining opera- 
tions shall be deemed the property of the State until the said parties shall have 
paid thereon a royalty, to be fixed by the Board at not exceeding two dollars 
per ton, on each ton of phosphate rock or phosphatic deposit dug, mined and re- 
moved : Provided, That six months' notice be given before raising royalty above 
one dollar.i- 

Civ. '02. § 146; R. S. 102; 1890. XX, 693; 1892, XXL 383. 

§ 154. Board to Report Annually to General Assembly. — The Board 
shall report annually to the General Assembly their actings and doings during 
the year, and to the time of the meeting of the same, with an itemized account 
of their expenses for said year. 

Civ. '02, § 147; R. S. 103; 1890, XX, 693; 1892, XXI, 383. 

§ 155. Mining Without License — Penalty. — Every person or corporation 
who shall dig, mine, or remove any phosphate rock or phosphatic deposit from 
the beds of the navigable streams and waters and marshes of the State with- 
out license therefor previously granted by the State to such person or corpora- 
tion shall be liable to a penalty of ten dollars ($10) for each and every ton of 
phosphate rocks or phosphatic deposits so dug, mined or removed, to be re- 
covered by action at the suit of the State in any Court of competent jurisdiction; 
one-half of said penalty to be for the use of the State, and the other half to 
the use of the informer. 

Civ. '02, § 148; G. S. 65; R. S. 104; 1877, XV, 305. 

§ 156. Buying or Receiving from Person Not Licensed. — It shall not 
be lawful for any person or corporation to purchase or receive any phosphate 
rock or phosphatic deposit dug, mined or removed from the navigable streams 
or waters or marshes of the State from any person or corporation not duly au- 
thorized by Act of the General Assembly of this State 'to dig. mine or remove 
such phosphate rock and phosphatic deposit. 

Civ. '02, § 149; G. S. 66; R. S. 105; 1877. XV, 305. 

§ 157. Penalty. — Any person or corporation violating the preceding Sec- 
tion shall forfeit to the State the sum of ten dollars (SIO) for each and every 
ton of phosphate rock or phosphatic deposit so purchased or received, to be 

12. Licensee mortgaged its mined product, owing agents of State, and that each ton of product 

State royalty thereon, and large amount for un- shall be deemed property of State until royalty 

paid royalty on product sold. Held, that such thereon is paid. State can refuse, except as against 

mortgage w'as superior lien to claim of State for bona fide purchasers without notice, to surrender 

royalty on product sold, mortgagee having no its control of any portion of such product until 

knowledge of such claim. Malcolmson v. Wappoo all past-due royalty under license, on product dis- 

Mil/s (S. C), 86 Fed. 192, 194. posed of, is paid. Malcolmson c'. Wappoo Mills 

Under provisions that licensees shall be deemed (S. C), 86 Fed. 192, 196. 



§§158-161] OF SOUTH CAROLINA. 65 

recovered by action in any Court of competent jurisdiction; one-half of said for- 
feiture to be to the use of the State, the other half to the use of the informer. 
Civ. '02, § 150; G. S. 67; R. S. 106; 1877, XV, 305. 

§ 158. Board May Take Proceedings to Prevent Interference, etc. — 

Should any person whosoever interfere with, obstruct, or molest, or attempt to 
interfere with, obstruct, or molest, the said Board of Phosphate Commission- 
ers, or any one by them authorized or licensed hereunder, in the peaceable pos- 
session and occupation for mining purposes of any of the marshes and navigable 
streams and waters of the State, then, and in that case, the said Board of Phos- 
phate Commissioners are hereby authorized, and in the name and on behalf of 
the State of South Carolina, to take such measures or proceedings as they may 
be advised are proper to enjoin and terminate any such molestation, interfer- 
ence, or obstruction, and place the State, through its agents, the said Board of 
Phosphate Commissioners, or any one under them authorized, in absolute and 
practical possession and occupation of the same. 
Civ. '02, § 151; R. S. 107; 1890, XX, 693. 

§ 159. Forfeiture of Boats, Dredges, etc., Used by Unlicensed Per- 
sons — Proceedings to Enforce Same. — Should any person or persons, cor- 
poration or corporations, attempt to mine or remove phosphate rock and phos- 
phatic deposits from any of the said marshes and navigable waters and streams, 
including the aforesaid Coosaw River phosphate territory, after the said first 
day of March, 1891, by and with any boat, vessel, marine dredge or other ap- 
pliances for the same, without the leave or license of the said Board of Phos- 
phate Commissioners thereto first had and obtained, all such boats, vessels, 
marine dredges and other appliances are hereby declared forfeited to and 
the property of the State of South Carolina, and it shall be the duty of the Attor- 
ney General, for and in behalf of the State, to institute proceedings in any Court 
of competent jurisdiction for the claim and delivery thereof, in the ordinary form 
of action for claim and delivery, in which actions the title of the State shall be 
established by the proof of the commission of any such act of forfeiture by the 
person or persons, corporation or corporations, owning the same, or their agents, 
in possession of such boats, vessels, marine dredges or other appliances : Provided, 
That in any such action the State shall not be called upon or required to give any 
bond or obligation as is required by parties plaintiff in action for claim and de- 
livery. 

Civ. '02, § 152; R. S. 108; 1890, XX, 694. 

§ 160. Office of Phosphate Inspector Abolished. — The office of Phos- 
phate Inspector is hereby abolished, and the duties heretofore imposed by law 
upon the said Phosphate Inspector, *be, and the same are hereby, devolved upon 
the Board of Phosphate Commissioners, who shall perform the duties heretofore 
performed by the Phosphate Inspector without additional compensation. 

Civ. '02, § 136; 1903, XXIV, 8. 



ARTICLE 3. 

HisTORicAiv Commission. 

Sec. Sec. 

161. Historical Commission. 166. Qualifications, election and duties 

162. Duty. of secretary. 

163. Appointment of members and 167. Custody of records. 

Term of Ofifice. 168. Deposits by private parties. 

164. Objects and purposes. 169. Equipment of apartments. 

165. Apartments and archives. 170. Clerk not to do other work. 

§ 161. Historical Commission. — A commission is created, to be known as 
the Historical Commission of the State of South Carolina, to consist of the Sec- 
. S C C— 5 



66 . CIVIL CODE [ §§ 162-165 

retary of State, es officio, as Chairman, and five other citizens of the State, to be 
appointed b}' the Governor, and to serve without compensation, and any vacancy 
arising in the Commission shall be filled by appointment of the Governor. 

1894, XX, 833. 

§ 162. Duty.- — It shall be the duty of said Commission to procure such doc- 
uments or transcripts of documents and such other material relating to the his- 
tory of South Carolina as they may deem necessary or important, to superin- 
tend the arrangement and preservation of the same, and to make suitable 
regulations for their inspection and examination in order to protect them from 
injury. 

1894, XX, 833. 

§ 163. Appointment of Members and Term of Office. — The terms of of- 
fice of the five citizens of the State appointed by the Governor as members of the 
Historical Commission of this State, shall be so arranged as that the term of one 
of them shall expire every two (2) years, so that the term of one of them shall 
expire upon the 31st day of December, A. D. 1906, and a like expiration of the 
term of a member shall take place on the 31st day of December in every second 
year thereafter : Provided, That any member whose term may expire shall con- 
tinue to be a member of the Commission until his successor has been appointed and 
has qualified. Upon the expiration of the term of any member, his successor shall 
be appointed by the Governor, to hold for the term of ten (10) years from the 
date of the expiration of the term so expired. Any member whose term may ex- 
pire is eligible for reappointment. In case of any vacancy occurring through 
death, resignation or otherwise, the Governor shall appoint a successor, to hold 
for the unexpired part of the term, and until his successor is appointed and has 
qualified. It shall be the duty of the Commission to notify the Governor whenever 
any term may expire or vacancy occur. The said Commission shall hold, at the 
State Capitol, at least one regular meeting during the year, and as many special 
meetings as may be necessary; and at said meetings four (4) members shall con- 
stitute a quorum, and it shall be the duty of said Commission annually to make a 
report to the General Assembly of their actings and doings as such. 

1905. XXIV, 907. 

§ 164. Objects and Purposes. — The objects and purposes of the said His- 
torical Commission are : The care and custody of all the official archives of the 
State not now in current use ; the collection of materials bearing upon the history 
of the State, and of the Counties and territory included therein, from the earliest 
times ; the collection of all documents or transcripts of documents and of material 
relating to the history of South Carolina, and of all its territory and inhabitants ; 
and particularly of procuring data concerning South Carolina soldiers in the War 
of the Revolution and the War between the States ; the due and orderly arrange- 
ment, indexing and preservation of the same, with suitable regulations for their 
inspection and examination, in order to protect them from injury; the providing 
for the dift'usion of knowledge in reference to the history and resources of the 
State, and the encouragement of historical work and research therein, and the 
preparation for publication of such official records and historical materials as the 
State may at any time desire to publish, and arrange for the publication thereof, 
and the performance of such other acts and requirements as may be enjoined by 
law. 

1905, XXIV, 907, § 2. 

§ 165. Apartments and Archives. — The said Historical Commission shall 
be located at the State Capitol, in the city of Columbia, in separate apartments in 
such Capitol, to be designated and set aside for its use by the Secretary of State, 
of which apartments the said Commission shall have exclusive charge and control, 
and in which apartments all the archives, documents and materials in charge and 
custody of the said Commission shall be deposited, together with all such his- 



§§166-168] OF SOUTH CAROLINA. ^ 67 

torical material of any and every kind as the said Commission may collect and 
gather from any source, and which the said Commission are authorized and em- 
powered to receive from any one whomsoever, for the purpose of safe keepnig 
and for inspection and examination, under such regulations as may be provided, 
with due regard for the care and custody of the same. The said Commission is 
empowered to adopt a seal and make rules for its own government, and also for 
the use and regulations of the apartments assigned to it, and for the inspection 
and examination of the archives and papers in its charge; and to provide for the 
selection and appointment of such employees as may be authorized by the Gen- 
eral Assembly ; to have the direction and control of the marking of historical 
sites, or houses and localities, and the exploration of prehistorical remains and 
Indian mounds, and other remains existing in the State, and to do and perform 
such other acts and things as may be proper to carry out the true intent and pur- 
poses of this Article. 
1905, XXIV, 907, § 3. 

§ 166. Qualification, Election and Duties of Secretary. — The said Com- 
mission is hereby authorized and empowered to select a Secretary, who shall not 
be a member of the Commission, and who shall hold office at the pleasure of said 
Commission. He shall take an oath of office, as other public officials, and shall 
be commissioned in like manner. He shall keep the official books and minutes 
of the Commission, and shall devote his time, under the supervision, direction 
and control of the Commission, to the care and custody of all the documents, 
material and property in charge of the Commission, and the performance of such 
other duties as the Commission may devolve on him, and shall receive for his 
services the sum of one thousand dollars (SI, 000.00) per annum, payable 
monthly, to be paid to him by the State Treasurer upon the warrant of the 
Comptroller General. 

1905, XXIV, 907, § 4. 

§ 167. Custody of Records. — The said Commission will take into its 
charge and have delivered to it, all archives, records, papers, books and histor- 
ical material in the present charge of the Secretary of State, or any other State 
officer, and whenever in any office in this State there are official books, records, 
documents or original papers of any kind, forming part of the archives of the 
State, and not needed for current use in said offices, and which, in the opinion 
of the State Historical Commission, would be better provided for as to their 
permanent preservation by a deposit with the said Commission, and the removal 
whereof from their present places of custody to the official apartments and cus- 
tody of said State Historical Commission may be authorized by this or any fu- 
ture Act of the General Assembly, and which such official books, records, doc- 
uments or original papers have been removed from their former custody to that 
of the Commission ; then and in that case copies therefrom, duly certified, under 
the seal of the Commission and the hand of the Secretary, shall have like force 
and effect in all respects as if made by the officer originally in charge of them, 
and for which copies the same fees shall be chargeable. 
1905, XXIV, 907, § 5. 

§ 168. Deposits by Private Parties. — AA'henever any person or persons 
whomsoever, having in his or their possession or control any books, papers, 
manuscripts or historical material at any time of any kind shall desire to de- 
posit the same in the charge of said Historical Commission for safe keeping and 
preservation, the said Historical Commission are hereby authorized and em- 
powered to receive the same and give a proper receipt for the same and to take 
and keep in their custody and control all the same in like manner as the archives 
of the State, to be returned when the holders or owners thereof may so demand, 
and to be distinctly marked or separated, so as to be readily capable of identifi- 
cation from the papers and material the property of the State : Provided, That 
all such papers and historical materials so received for custody and safe keeping 



68 



CIVIL CODE 



[ §§ 169-175 



shall be at all times open to inspection and examination, for the purposes of his- 
torical research, in like manner and under the same rules and regulations as 
provided for similar materials belonging to the State : Provided, further, That 
neither the State nor the Commission shall be in any wise responsible or liable 
for the loss of any such books, papers, manuscripts or material if such loss 
should occur. 

1905, XXIV, 907, § 6. 

§ 169. Equipment of Apartments. — The said Historical Commission are 
hereby authorized and empowered to furnish and equip the said separate apart- 
ments in the State Capitol to be assigned to the Commission for the purpose, 
with such furniture, shelving, and fireproof arrangements as may be proper 
and reasonable for the purposes of the custody, preservation and inspection of 
all of the said archives and historical material, and to keep the same in order, 
and all such sum or sums as may at any time be appropriated by the General 
Assembly for the purposes aforesaid or to carry out the intent of this Article 
shall be paid out by the State Treasurer, in such sums and in such manner as 
may be authorized by the said Historical Commission. 

1905, XXIV, 907, § 7. 

§ 170. Clerk Not to Do Other Work. — The said clerk shall not do any 
additional work for pay and furnish information free to the citizens of South 
Carolina. 
1905, XXIV, 907, § 8. 



ARTICLE 4. 
Commission on State: House; and Grounds. 



Sec. 



171. Commission created. 

172. Qualification of members. 

173. Term of office. 

174. Control of grounds. 



Sec. 

175. Organization. 

176. To lay ofif State House Grounds. 

177. Annual report. 



§ 171. Commission Created. — A Commission is created to be known as 
the Commission on State House and Grounds, consisting of three members, to 
be appointed by the Governor, by and with the advice and consent of the Sen- 
ate : Provided, That at least one member of said Commission shall be a resident 
and citizen of the city of Columbia. 
1907, XXV, 534. 

§ 172. Qualification of Members. — The members of said Commission 
shall be citizens of this State, and shall not, during their term of office, hold 
any other office of honor or profit under this State, or any County thereof. 

1907, XXV, 534, § 2. 

§ 173. Term of Office. — The term of office of said Commissioners shall 
commence on the first day of March, 1907, and continue for two years, and 
until their successors shall be appointed and commissioned, and shall serve with- 
out compensation. 

1907, XXV, 534, § 3. 

§ 174. Duties and Powers. — Said Commission shall have control of the 
State House Grounds. 

1907, XXV, 534, § 4. 

§ 175. Organization. — Said Commission shall meet and organize by the 
election of one of its members as Chairman as soon as may be convenient after 
their appointment, prescribe such rules as they may think proper for the con- 
duct of the business of said Commission, and proceed forthwith to carry out 
the provisions of this Article. 

1907, XXV, 534, § 5. 



§§176-180] OF SOUTH CAROLINA. . 69 

§ 176. To Lay Off State House Grounds. — It shall be the duty of said 
Commission to proceed to employ a competent landscape gardener to lay off and 
beautify said Grounds, and also to have the walks through the Grounds suit- 
ably paved, and to employ such help as the Commission shall think necessary, 
or let said work to the lowest responsible bidder, upon plans and specifications 
to be approved by said Commission. 
1907, XXV, 534, § 7. 

§ 177. Annual Report. — Said Commission shall report to the General As- 
sembly annually an itemized statement of all money expended, together with all 
its acts and doings in the improvement of said Grounds. 
1907, XXV, 534, § 9. 



ARTICLE 5. 

Confederate Infirmary — Other Property oe State — Miscellaneous Pro- 
visions. 

Sec. Sec. 

178. Commission for Confederate In- 184. Certain lands vested in city of 

firmary — Term of ofifice. Charleston. 

179. Members to serve without com- 185. Certain lands vested in town of 

pensation. Beaufort. 

180. Right to Build on Sullivan's Is- 186. Care and improvement of State 

land. House and grounds. 

181. Rights of dwellers on Sullivan's 187. Appropriation for legislative li- 

Island. brary. 

183. Actual building of dwelling house 188. Insurance of college buildings 

essential to vest title to lot, 189. Protection of lands from intrusion 
within time limited. and nuisance. 

183. Limitations as to buildings on Sul- 
livan's Island. 

§ 178. Commission for Confederate Infirmary — Term of Office. — 

A Commission consisting of five members, three of whom shall be ex-Confed- 
erate soldiers or sailors, shall be appointed by the Governor, who are hereby em- 
powered and required to establish and manage an infirmary for the infirm and 
destitute Confederate sailors and soldiers of the State, on what is known as the 
Bellevue place on Wallace land, now owned by the State. 

1908, XXV, 1074. 

The term of office of said commissioners shall be five years : Proznded, That 
the present members of the commission determine by lot the term of their of- 
fice, so that one of them shall serve respectively for a period of one, two, three, 
four and five years. That said commission shall prescribe rules, regulating ad- 
mission to said infirmary: Provided, That two veterans shall be admitted from 
each county, on the recommendation of the County Pension Board : Provided^ 
further, That in case any county board fails to make such recommendation, the 
said commission may fill the vacancy from the same or any other county. 

1911, XXVII, 156. 

§ 179. Members to Serve without Compensation. — The members of 
said Commission shall receive no compensation for their services, but shall be 
entitled to actual expenses for attending the meetings thereof, to be paid upon 
the warrant of the Comptroller-General out of any funds in the hands of the 
State Treasurer not otherwise appropriated. 

1911, XXVII, 156, § 3. 

§ 180. Right to Build on Sullivan's Island. — Such of" the citizens of 
this State as may think it beneficial to their health to reside on Sullivan's Island 
during the summer season have liberty to build on the said island a dwelling 
and out-houses for their accommodation ; and the person or persons so build- 



70 CIVIL CODE [ §§ 181-185 

ing shall have the exclusive right to the same, and one-half acre of land ad- 
joining thereto, as long as he, she, or they, may require, for the purposes afore- 
said : Provided, The person or persons, building as aforesaid, pay to the Treas- 
urer one penny annually, if required, for the use of the said land. 
Civ. '03, § 154; G. S. 71; R. S. 110; J. R. 1791. 

§ 181. Rights of Dwellers on Sullivan's Island. — The pre.sent owners 
of lots on Sullivan's Island, whereon dwelling houses have been erected, and 
such citizens of this State as may hereafter build dwelling houses upon the said 
island, under the license granted by the preceding Section, shall be taken and 
deemed to have, and shall enjoy, the same rights, titles, and interests, as ten- 
ants, from year to year, in and to the lots now owned by them, respectively ; 
upon condition, nevertheless, that they shall deliver up the same when demanded 
by the Governor of this State for the time being — he, she, or they having the 
liberty of removing the buildings which are now, or may hereafter be, erected 
on said lots. And the titles thereto shall be assignable, transferable, transmis- 
sible, and distributable, as estates for years now^ are, or hereafter may be, by 
the laws of this State; and the said owners shall have, take, and enjoy, and 
be entitled to use and employ all actions, suits and remedies, for securing their 
quiet and peaceable possession and enjoyment of their said lots, and restitu- 
tion and redress for any trespass, ouster, or injury which they may suffer, or 
may be committed upon them, as tenants for years now have, or are en- 
titled to.i-> 

Civ. '02, § 155; G. S. 71; R. S. Ill; XII, 609. 

§ 182. Actual Building of Dwelling House Essential to Vest Title 
to Lot within Time Limited. — No exclusive right to a lot on the said island 
shall be obtained by any citizen otherwise than by his actually building a dwell- 
ing house thereon ; and if such dwelling house shall be removed or destroyed, 
the owner thereof shall have the exclusive right to rebuild on the same lot for 
one year thereafter ; and if no dwelling house be built by him within that pe- 
riod, such lot shall again be considered as vacant. 
Civ. '02, § 156; G. S. 71; R. S. 112; VI, 131. 

§ 183. Limitations as to Buildings on Sullivan's Island. — Hereafter 
no person shall erect, or cause to be erected, more than one dwelling house on 
each half-acre lot in the town of Moultrieville, on Sullivan's Island ; and if any 
person shall build, or attempt to build, such a dwelling house, such person may 
be compelled to desist from such building, and to remove the same, by the Court 
of Common Pleas ; and it shall be lawful for the Intendant or any one of the 
Wardens of the said town to execute such order, under the direction of the 
Sheriff of the County, or his lawTul deputy. 

Civ. '02, § 157; G. S. 72; R. S. 113; VII, 353. 

§ 184. Certain Lands Vested in City of Charleston. — All vacant land, 
not legally vested in individuals, in the harbor of Charleston, covered by water, 
is vested in the City of Charleston, for public purposes, but not to be so used 
or disposed of as to obstruct or injure the navigation of said harbor. 

Civ. '02, § 158; G. S. 73; R. S. 114; VII, 151. 

§ 18 5. Certain Lands Vested in Town of Beaufort. — All the land ly- 
ing directl}' and immediately in front of the streets, in the town of Beaufort, 
which run northwardly and southwardly, and which extend to Bay Street, down 
to the channel of the river lying in front of the said town, whether the same 
be covered with the waters of the said river or not, shall, forever hereafter, 
be considered as the property of, and belonging to, the said -town, and shall 

13. Before enactment of this section the occu- thereon was void under Statute of Frauds. Whet- 
pants of the island were mere tenants at will of more v. Rhett, 12 Rich. .^65. 
the State, and a parol contract for sale of a house 



§§186-190] OF SOUTH CAROLINA. ^ 71 

never be granted by any Governor of this State, or be otherwise vested in any 
individual or individuals, or an}^ body corporate, unless it be by an Act of the 
Legislature passed for that purpose. And every grant which may, at any time 
hereafter, be obtained for any part of the said land, shall be ipso facto void. 
Civ. '02, § 159; G. S. 74; R. S. 115; V, 335. 

Such persons as may have obtained a right to any lots opposite the said 
streets, in the said town of Beaufort, previous to the 21st day of December, 
1798, shall be restricted forever from erecting any buildings thereon ; and shall 
be, and are hereby, confined to making any improvements thereon, other than 
wharves, so as to leave the heads of said streets open and unobstructed. 

V, 382. 

§ 186. Care and Improvement of State House and Grounds. — The 

Secretary of State is ex officio Keeper of the State House and Grounds, and 
shall be charged with the care of the property, including buildings, fencing, and 
the furniture and fixtures therein. He may make such repairs and improve- 
ments thereon as may be necessary for their preservation. He shall be entitled 
as such Keeper to a salary at the rate of five hundred dollars. Convicts shall 
be employed in all the labor on and about the State House and Grounds which 
can be performed by them. 

Civ. '02. § 160; G. S. 76; R. S. 116; V, 335. 

§ 187. Appropriations for Legislative Library. — The sum of five hun- 
dred dollars shall be annually appropriated for the purchase of a library for 
the use of the members of the Senate and House of Representatives of this 
State. 

Civ. '02, § 161; G. S. 77; R. S. 117; V. 724. 

§ 188. Insurance of College Buildings. — The Comptroller-General shall 
be, and he is hereby, authorized and required, annually, to insure against fire 
the college buildings at Columbia. 

Civ. '02. § 162; G. S. 78; R. S. 118; VI, 139. 

§ 189. Protection of Lands from Intrusion and Nuisance. — The At- 
torney General may, when, in his judgment, the interest of the State requires 
it, file and prosecute informations or other process against persons who intrude 
upon the lands, rights or property of the State, or commit or erect any nuisance 
thereon. 

Civ. '02, § 163; G. S. 79; R. S. 119; XIV, 88. 



CHAPTER VII. 

The Census. 1 



Sec. Sec. 

190. Census, wlien required, to be taken 196. County divided into census dis- 

according to this chapter. tricts — Blanks and instructions — 

191. Governor appoints census takers. Returns to Secretary of State. 

who appoint their assistants. 197. Preparation of books, report and 

192. Oath of census takers and assist- return of Secretary of State. 

ants. 198. If census takers fail to comply 

193. Duties of census takers. with census law. Governor to 

194. Members of family must give in- have census taken. 

formation on oath — Penalty. 199. Pay of census takers- — Secretary of 

195. Returns must be deposited with State may employ assistance to 

County Auditor under seal. make census returns. 

§ 190. Census, When Required to Be Taken According to This 
Chapter. — When a census of the inhabitants of the State is required to be 

1. See Constitutional Provision for Census, Constitution 1895, Art. Ill, § 3. 



72 CIVIL CODE [ §§ 191-196 

taken, in pursuance of the Constitution, it shall be taken and completed ac- 
cording to the provisions of this Chapter. 
Civ. '02, § 164; R. S. 121. 

§ 191. Governor Appoints Census Takers, Who Appoint Their As- 
sistants. — The Governor is authorized and required to appoint one person in 
each County of the State, who shah be charged with taking the census, and 
who shall be authorized to appoint such assistants as may be necessary. 

Civ. '02, § 165; G. S. 20; R. S. 122; Con., Art. Ill, XV, 934, § 3. 

§ 192. Oath of Census Takers and Assistants. — Each and every per- 
son so appointed to take the census shall, before entering on the duties of his 
office, take, before some Magistrate, the following oath, to wit; "I, A. B., do 
solemnly swear (or affirm, as the case may be), that I will honestly, faithfully, 
and impartially, take a correct census of all the inhabitants residing within the 
portion of the County to which I have been appointed as Census Taker, and 
will, in all respects, truly perform all the duties with which I am charged: So 
help me God." And a certificate from the Magistrate who shall administer 
the said oath that the same has been duly taken before him shall accompany 
and be delivered with each and every return of the census. 

Civ. '02, § 166; G. S. 81; R. S. 123; Con., Art. Ill, XV, 934, § 3. 

§ 193. Duties of Census Takers. — It shall be the duty of each and every 
person appointed to take the census, to call personally on the head, or_ some 
member, of each family in the County, or portion of the County for which he 
or they shall have been appointed, and obtain from such head of a family, or 
member thereof, as aforesaid, the number of persons contained in such family, 
and such information as may be required and directed by the Secretary of State. 

Civ. '02, § 167; G. S. 82; R. S. 124; Con., Art. Ill, XV, 934, § 3. 

§ 194. Members of Families Must Give Information on Oath — Pen- 
alty. — Each head, or member, of a family, shall, when called on by the per- 
sons appointed to take the census, at their residence or place of business, make- 
on oath or affirmation, a correct return of all persons of whom the family is 
composed, and also report such other information to said Census Takers as may 
be required by law ; and the persons so appointed to take the census are hereby 
authorized to administer such oaths ; and upon the failure of any person to 
make such returns or reports, when required, such person shall be subject to 
a penalty of twenty-five dollars, to be recovered in any Court of competent 
jurisdiction. 

Civ. '02, § 168; G. S. 83; R. S. 125; Con., Art. Ill, XV, 934, § 3. 

§ 195. Returns Must Be Deposited with County Auditor under Seal. 

— Upon the completion of such returns and reports, each Census Taker shall 
deposit the same, in a sealed package, with the Auditor of his County, accom- 
panied by a certificate, to be endorsed by some ]Magistrate, purporting that the 
following oath had been duly taken by such Census Taker previous to the de- 
livery of such package to said Auditor, to wit: 'T, A. B., do solemnly swear 
(or affirm, as the case may be), that this packet contains a just, true, correct 
and impartial return of all the inhabitants of the census .district to which I 
have been appointed, and a faithful report of such information as was required 
by the Secretary of State, so far as it was practicable to obtain the same : So 
help' me God." 

Civ. '02, § 169; G. S. 84; R. S. 126; XV, 934. 

§ 196. County Divided into Census Districts — Blanks and Instruc- 
tions — Returns to Secretary of State. — It shall be the dut\-- of the Census 
Takers ^or the County, under the direction of the Secretary of State, to divide 
their several Counties into convenient districts for taking the census, to dis- 
tribute blanks, books, and instructions to the Census Takers, to receive their 



§§197-199] OF SOUTH CAROLINA. , ' 73 

returns, which shall be completed and forwarded on or before 15th day of Sep- 
tember to the Secretary of State, and to render such further assistance to said 
Secretary in the premises as that officer may direct. 
Civ. '02, § 170; G. S. 85; R. S. 127; XV, 934. 

§ 197. Preparation of Books, Report and Return of Secretary of 
State. — It shall be the duty of the Secretary of State to have prepared and 
forwarded to the Census Takers of each County suitable books, blanks and in- 
structions to facilitate the registration provided for herein, and the collection 
of such statistical information as the Secretary of State may deem of sufficient 
importance to the people of this State; and when the Census Takers shall have 
made the returns hereinbefore provided for, the said Secretary of State shall 
forthwith report the results of such registration to the Governor of the State 
for the time being, and shall make a collated return of the statistics to the Gen- 
eral Assembly within one week after the beginning of the next regular session. 

Civ. '03, § 171; G. S. 86; R. S. 128; XV, 934. 

§ 198. If Census Takers Fail to Comply with Census Law, Gov- 
ernor to Have Census Taken. — The Governor of the State for the time 
being shall, immediately after receiving from the Secretary of State the said 
report, examine the same, and in case it shall appear to him that any person 
or persons appointed to take the census as aforesaid shall in anywise have failed 
to comply with the duties imposed on him or them, either in taking the census 
or in making returns, he shall forthwith cause the same to be taken and re- 
turned wherever such defaults shall have been made. 

Civ. '02, § 172; G. S. 87; R. S. 129; XV, 934. 

§ 199. Pay of Census Takers — Secretary of State May Employ As- 
sistance to Make Census Returns. — The Census Takers employed in taking 
the census shall be entitled to receive as compensation in full for all services 
rendered the sum of five (5) cents for every name taken, registered and re- 
turned in their reports to the Secretary of State — said compensation to be paid 
upon warrants to be drawn by the Comptroller General whenever he shall have 
received satisfactory proof that the services of the claimant have been faith- 
fully rendered; and the Secretary of State is hereby authorized to employ such 
clerical service as will be necessary to assist him in collating and making his 
returns to the Governor and General Assembly, such service to be paid, on the 
Comptroller General's warrant, on the application of the Secretary of State : 
Provided, That the said clerical services shall not exceed the sum of three hun- 
dred dollars. 
Civ. '03, § 173; G. S. 88; R. S. 130; XV, 934. 



74 



Cn^IL CODE 



200 



Chapter 


VIII. 


Chapter 


IX. 


Chapter 


X. 


Chapter 


XL 


Chapter 


XII. 



TITLE IL 

OF ELECTIOXS. 



The Qualification and Registration of Electors, 74. 

Location and X^ames of A^oting Precincts, 84. 

The Planner of Conducting Elections and Returning 

Azotes, 92. 
The Election of Representatives in Congress and Electors of 

President and \'ice President, 100. 
The Election of Countv Officers. 103. 



Chapter XIII. Primary Elections, 104. 



CHAPTER Vm. 



The Qualification and Registration of Electors. ^ 



Sec. 

200. 



Sec. 

214. Clerk of Court of General Ses.sions 
to report male persons convicted 
of disqualifying crimes. 

2] 5. Magistrates to report persons con- 
victed of disqualifying crimes. 

216. Reports of conviction prima facie 
evidence — Denial of registration 
and vote. 

217. Places for voting — Removal from 
one voting place to another. 

218. Books to be deposited with Clerk 
of Court. 

219. Registration books furnished each 
precinct — Right to vote — Books 
given to managers. 

220. Who entitled to vote in municipal 
elections. 

221. Registration for municipal elec- 
tions. 

222. Books, etc., to be furnished. 

223. Qualifications for registration — 
How determined — Appeals. 

224. Place of voting in incorporated 
cities and towns with several 
precincts. 

225. Elector to have certificate — Form. 

226. Managers of election to be fur- 
nished with registration books. 

227. Oath required of applicant. 

228. Each township a polling precinct. 

§ 2 00. Qnalificatons for Registration after January 1, 1898 — Per- 
sons Disqualified. — Every male citizen of this State and the L'nited States 
twenty-one years of age and upwards, not laboring under disabilities named in 
the Constitution of 1895 of this State, wdio shall have been a resident in the 
State for two years, in the County one year, in the polling precinct in which 
the elector offers to vote four months before any election, and shall have paid 
six months before any election any poll tax then due and payable, and who can 

1. For violation of registration laws, see Crim- law was attempted to be raised before the Courts 
inal Code §§ 376 to 378. in Butler v. Ellerbe, 44 S. C. 256, 22 S. K. 425, 

The constitutionality of the former registration but was not considered by the Court. 



201. 

202. 

203. 
204. 
205. 

206. 
207. 



208. B 

209. 
210. 

211. 
2] 2. 
213. 



Qualifications for registration after 
January 1, 1898 — Persons dis- 
qualified. 

Electors to be registered. 

Board of Registration — Appoint- 
ment — Duties, term of office, etc. 

Compensation of. 

Books and blanks to be prepared. 

Opening and closing of books 
regulated. 

Appeal from denial of registration. 

Registered electors before Janu- 
ary, 1898, remain so — Estab- 
lishment of right to vote, 
oards to judge the legal quali- 
fication of applicants after Jan- 
uary, 1898 — Appeals. 

Enrollment of registered voters — - 
Colleton county. 

Persons entitled to vote at next 
election after application enti- 
tled to be registered. 

Registered voters to be furnished 
with certificates. 

Transfer— Voters moving from one 
County to another. 

Revision of list of electors — Right 
of appeal. 



§§201-204] OF SOUTH CAROLINA. , 75 

both read and write any Section of the said Constitution submitted to him by 
the registration officer or officers, or can show that he owns, and has paid all 
taxes collectible during the previous year on property in this State assessed 
at three hundred dollars or more, and who shall apply for registration, shall be 
registered : Proznded, That ministers in charge of an organized church and 
teachers of public schools shall be entitled to vote after six months' residence in 
the State if otherwise qualified : Provided, further, That persons who are idiots, 
insane, paupers supported at the public expense, and persons confined in any 
public prison shall be disqualified from being registered or voting : And proznded, 
further, That persons convicted of burglary, arson, obtaining goods or money 
under false pretenses, perjury, forgery, robbery, bribery, adultery, bigamy, wife- 
beating, housebreaking, receiving stolen goods, breach of trust with fraudulent 
intent, fornication, sodomy, incest, assault with intent to ravish, miscegenation 
and larceny, or crimes against the election laws, shall be disqualified from being 
registered or voting, unless such discjualification shall have been removed by 
the pardon of the Governor. - 

Civ. '02, § 174; 1896, XXII, 34. § 1 ; Con., Art. 2, § 4. 

§ 201. Electors to Be Registered. — No person shall be allowed to vote 
at any election hereafter to be held unless he shall have been registered as herein 
required.^ 

Civ. '02, § 175; 1896, XXII, 34; Con., Art. 2, § 2. 

§ 202. Board of Registration — Appointment — Duties, Term of Office, 
etc. — Between the first day of January and the fifteenth day of March, eighteen 
hundred and ninety-eight, and between said dates in every second year there- 
after, the Governor shall appoint, by and with the advice and consent of the 
Senate, if in session, and if not in session subject to its approval at its next ses- 
sion, subject to removal by the Governor for incapacity, misconduct or neglect 
of duty, three competent and discreet persons in each County, who shall be citi- 
zens and qualified electors thereof, and who shall be known as the Board of 

Registration of County, whose duty it shall be to register and to 

conduct the registration of the electors who shall apply for registration in such 
County as herein required. Their office shall be at the county seat, and they 
shall keep record of all their official acts and proceedings. Their term of office 
shall be for two years from the date of their appointrnent, and they shall con- 
tinue in office until their successors shall have been appointed and shall qualify : 
Provided, That in case of a vacancy from any cause in the office of Board of 
Registration, the Governor shall fill such vacancy, by and with the consent of 
the Senate as aforesaid : Proznded, That in the county of Pickens the said Board 
of Registration shall be elected at the general election of 1912, and every two 
years thereafter. 

Civ. '02, § 176; 1911, XXVII, 228; 1896, XXII, 34, § 4, amd. by 1898, XXII, 703. 

§ 203. Compensation of. — The compensation of each member of the Board 
of Registration to be appointed under Section 202 shall be one hundred dollars 
for each election year and fifty dollars for each off year. The said compensation 
or salaries shall be paid quarterly by the State Treasurer upon the warrant of 
the Comptroller General. The said Boards of Registration shall keep their 
offices open on the days rec[uired by law from nine o'clock in the forenoon until 
five o'clock in the afternoon. 

Civ. '02, § 177; 1906, XXV, 75; 1896, XXII, 34, amd. by 1898, XXII, 704. 

§ 204. Books and Blanks to Be Prepared The Secretary of 

State shall cause to be prepared a sufficient number of registration 
books and blanks, so that there shall be two of said books for each 

2. Necessai-y qualifications must be alleged in 3. Registration must be alleged in action against 

action against managers of election for refusing managers of election for refusing vote. Wiley v. 

vote. Wiley v. Sinkler. 179 U. S. 58, 65, 45 L. Sinkler, 179 U. S. 58, 66, 45 L. Ed. 84. 
Ed. 84. 



7(i CIVIL CODE [ §§ 205-206 

voting place in each voting precinct in each County, which books 
shall be ruled in columns, with proper headings, so as to indicate 
the name, age and place of residence of each registered elector in such 
polling precinct, with a separate column at the right side of the page for such 
entries or remarks as may be necessary. He shall also tause to be prepared two 
books for each County, in which shall be entered the names of all persons reg- 
istered up to the first day of January, eighteen hundred and ninety-eight, which 
books when prepared by the Board of Registration to be appointed under Sec- 
tion 3 of an Act to provide for the registration of all electors in this State quali- 
fied to vote in State, County, Municipal, Congressional and Presidential elections, 
approved 5th March, 1896, and sworn to by the members of said Boards, shall 
be filed on or before February 1st, eighteen hundred and ninety-eight, one in the 
office of the Secretary of State and one in the office of the Clerk of the Court 
of Common Pleas for each County. He shall also cause to be prepared such books 
and blanks as may be necessary for the registration of electors after the first 
of January, eighteen hundred and ninety-eight, and he shall at any time provide 
additional books or blanks to supply the places of such as may be defaced, de- 
stroyed, mutilated or filled up. 

Civ. '02, § 178; 1896, XXII, 36, § 6. 

§ 205. Opening and Closing of Books Regulated. — The Supervisors of 
Registration for the several Counties of this State shall in every general election 
year, or in any year in which any special election is to be held subsequent to 
the first day of September, hold in each and every town, city, or industrial com- 
munity containing three hundred inhabitants or more, in their respective Coun- 
ties, at such time as may be designated by the Board of Registration, after two 
weeks' notice published or posted in such town or city, one meeting, at which 
shall be registered such qualified electors of the County as may present them- 
selves. The books of registration shall also be opened on the first Monday of 
each month, at the Court House, for the registration of electors entitled to reg- 
istration under said Constitution, and be kept open for three successive days in 
each and every month until thirty days before a general election, when they 
shall be closed until the general election shall have taken place : Provided, That 
such persons as shall become of age during the said thirty days shall be entitled 
to registration before the closing of the books, if otherwise qualified. After each 
general election the re^stration books shall be opened for the registration of 
electors entitled to registration under the Constitution, on the first Monday in 
each month, at the Court House, until thirty days preceding any general elec- 
tion, when the same shall be closed until said general election shall have taken 
place. The registration books shall be in like manner closed thirty days before 
any special election. In those Counties of this State having more than fifty 
thousand inhabitants, as shown by the last preceding United States Census, in 
every general election year, when the registration books are opened in the month 
of August, they shall be kept open continuously every day except Sunday, at 
the Court House, up to and including the 15th day of August of said year for 
the registration of qualified electors, and this particular provision shall in no- 
wise affect the registration of electors in the Counties having less than fifty thou- 
sand inhabitants, and any additional cost incurred by reason of the particular 
provision in regard to keeping of books open in August in those Counties of 
over fifty thousand inhabitants shall be paid by such respective Counties. In 
Sumter County the Supervisors of Registration may attend at least one day at 
some public place in each voting precinct in said County, of which due notice 
shall be given. 

Civ. '02, § 179; 1907. XXV. 648; 1901, XXIIT. 612; 1896, XXII, 37,- § 7. 

§ 206. Appeal from Denial of Registration. — The" Boards of Registra- 
tion to be appointed under Section 3 of said Act shall up to and including the 
first January, 1898, judge of the qualifications of all applicants for registration. 



§§207-209] OF SOUTH CAROLINA. ' 77 

Any person denied registration shall have the right of appeal from the decision 
of the Board of Registration denying him registration to the Court of Common 
Pleas of the County or any Judge thereof, and thence to the Supreme Court ; 
and on such appeal the hearing shall be de novo. Any person denied registration 
and desiring to appeal must within ten days after the decision of the Board of 
Registration is made file with the said Board a written notice of such notice 
of his intention to appeal therefrom. After the expiration of ten days from 
the filing of such notice of intention to appeal the Board of Registration shall 
file with the Clerk of the Court of Common Pleas for the County the notice of 
intention to appeal and any papers in their possession relating to the case, and 
a report of the case if they deem proper. The Clerk of the Court shall file the 
same and enter the case on a special docket to be known as Calendar No. 4. If 
the appellant desires the appeal to be heard by a Judge at chambers he shall give 
every member of the Board of Registration four days' written notice of the time 
and place of the hearing. From the decision of the Court of Common Pleas, or 
any Judge thereof, the appellant or any duly qualified elector of the County may 
further appeal to the Supreme Court by filing a written notice of his intention 
to appeal therefrom in the ofhce of the Clerk of the Court of Common Pleas 
within ten days after such decision is filed, and within said time serving a copy 
of such notice on every member of the Board of Registration. Thereupon the 
Clerk of the Court of Common Pleas shall certify all the papers in the case to 
the Clerk of the Supreme Court within ten days after the filing of such notice 
of intention to appeal. The Clerk of the Supreme Court shall place the case on a 
special docket, and it shall come up for hearing upon the call thereof, under such 
rules as the Supreme Court may make. If such appeal be filed with the Clerk 
of the Supreme Court at a time that a session thereof will not be held between 
the date of filing and an election, at which the appellant will be entitled to vote 
if registered, the Chief Justice, or if he is unable to act or disqualified, the senior 
Associate Justice, shall call an extra term of the Court to hear and determine 
the case. 

Civ. '02, § 180; 1896, XXII, 38, § 8. 

§ 207. Registered Electors before January, 1898, Remain So — Es- 
tablishment of Right to Vote. — All persons registered on or before January 
first, eighteen hundred and ninety-eight, shall remain during life qualified elect- 
ors, unless afterwards disqualified by the provisions of the said Constitution. 
The certificate of the Clerk of the Court, or of the Secretary of State, that 
the name of any person appears on the books or records hereinbefore required 
to be filed in their respective offices by the Boards of Registration shall be sufifi- 
cient evidence to establish the right of such person to any subsequent registration 
and the franchise under the limitations imposed in the said Constitution. 

Civ. '02, § 181; 1896, XXII, 38, § 9. 

§ 208. Boards to Judge the Legal Qualification of Applicants after 
January, 1898 — Appeals. — After the first of January, eighteen hundred and 
ninety-eight, the Board of Registration to be appointed under Section 202 shall 
judge of the legal qualifications of all applicants for registration. From thein 
decision appeals may be taken to the Court of Common Pleas, or any judge 
thereof, and thence to the Supreme Court, and the mode of appeal shall be the 
same as prescribed in Section 206. 

Civ. '02, § 182; 1896, XXII, 38, § 10, amd. by 1898, XXII,' 704. 

§ 209. Enrollment of Registered Voters — When Made — Colleton 
County. — An enrollment of persons, not previously registered, and entitled to 
registration, shall be made annually by the Board qf Registration until the year 
nineteen hundred and eight, when an enrollment of all electors shall be made, 
and thereafter there shall be the same annual enrollment of electors and the 
same general enrollment of electors every tenth year, as above provided : Pro- 
vided, That for the purpose of enrollment and revision of the lists of electors 



78 CIVIL CODE [ §§ 210-212 

in Colleton County, the Board of Registration of said County shall hold sessions, 
after two weeks" advertisement, for at least one day, at the following places, 
to wit : Smoaks, Ashton, Bells, Hendersonville, Cottageville and Adams Run. 
Civ. '02, § 183; 1908, XXV, 1019; XXII, 38, 705. 

§ 210. Persons Entitled to Vote at Next Election after Application, 
Entitled to Be Registered. — In case any person shall not have attained the 
age of twenty-one years before the closing of the books of registration preced- 
ing any election, and shall attain such age before such election, and shall appear 
before the Board of Registration, and shall make application under oath to the 
facts above stated entitling him to registration, if he be otherwise duly qualified, 
the Board of Registration shall register such applicant. Any person not labor- 
ing under the disabilities named in the Constitution and whose qualifications as 
an elector will be completed after the closing of the registration books, but before 
the next election, shall have the right to apply for and secure a registration 
certificate at any time within sixty days immediately preceding the closing of 
such books. From the decision of the Board of Registration a like appeal may 
be taken as in other cases and in like manner. 

Civ. '02, § 184; XXII, 38, 705. 

§ 211. Registered Voters to Be Furnished with Certificates. — Each 
elector registered as aforesaid shall thereupon be furnished by the Board of 
Registration if registered before or on the first of January, 1898, or by the Boards 
of Registration if registered after the first day of January, 1898, with a certifi- 
cate of registration, which shall contain a statement of his name, age and place 
of residence as entered in the registration books, and such certificate shall be 
signed by at least two of the members of the Board of Registration. The certifi- 
cate shall be of the following form -.^ 

Civ. '02, § 185; XXII, 38, 705. 

STATE OF SOUTH CAROLINA. 

Registration Certificate No 

This is to certify that is a registered elector of the election dis- 
trict of County of resides in township 

or parish or ward, is years of age, and is entitled to vote at 

voting place, in polling precinct, if otherwise cpalified. 

Registered on the day of , 19. . 



Members of the Board of Registration of County. 

§ 212. Transfer — Voters Moving from One County to Another. — In 

case of the removal of an elector from one County to another he shall notify 
the Board of Registration of the County to which he has removed, presenting his 
registration certificate for the County from which he has removed. The said 
Board of Registration shall take the name of such elector and the number of 
his certificate, and ascertain in writing from the Board of Registration of the 
County from which such elector has removed whether he is a duly registered 
elector of latter County. If found to be duly registered, the Board of the County 
to which such elector has removed shall register such elector, if otherwise quali- 
fied, and notify the Board of the County from which he has removed that he 
has been so registered, whereupon his name shall be stricken from the books of 
the latter County. 

4. Wiley r. Sinkler, 179 U. S. 58, 67, 45 L. certificate under this provision. State v. State 

Ed. 84. Board of Canvassers, 78 S. C. 461, 472, 59 S. K. 

Certificate of Clerk of Court to effect that holder 145, 13 Am. & Eng. Ann. Cas. 1133, 14 L. R. A., 

was duly registered prior to January 1, 1898, as N. S., 850 n. 
prescribed by the Constitution, not a registration 



§§213-215] ^ OF SOUTH CAROLINA. ^ ' 79 

Rknewal of Certificate, How and When Madf. — Every registered elector 
shall be entitled to a renewal of his certificate without fee or charge, when the 
same becomes defaced or mutilated, upon the surrender of such defaced or muti- 
lated certificate to the Board of Registration, if he is still a c[ualified elector under 
the provisions of said Constitution or if he has been registered under said pro- 
visions before the 1st of January, 1898. In case of the loss of or destruction of 
a certificate, any elector registered on or before the first of January, 1898, he 
shall be entitled to another certificate of registration upon application and proof 
of destruction or loss on presenting to the Board of Registration a certificate of 
the Clerk of the Court of Common Pleas of his County, or of the Secretary of 
State, that his name appears as a registered voter on the books or records filed 
in their respective offices, if still otherwise qualified. And any elector registered 
after the first of January, 1898, shall be entitled to another certificate of registra- 
tion, upon application and proof of such destruction or loss, if his name appears 
upon the annual or general enrollment made by the Board of Registration, and 
if otherwise still qualified. Any such elector shall have a like right of appeal 
from the decision of the Board of Registration as in cases of original registra- 
tion.^ 

Civ. '02, § 186; 1896. XXII, 40, § 14; 1896, XXII, 41, § 15. 

§ 213. Board to Revise List of Electors — Right of Appeal. — ^The 
Board of Registration shall revise the list of registered electors at least ten days 
preceding each election, and shall erase therefrom the names of all registered 
electors who may have become disqualified, or who, upon satisfactory evidence, 
may appear to have died, or removed from their respective Counties, or who 
may have been illegally or fraudulently registered : Prozided, That any one 
who may deem himself injured by such an act may have the same right of ap- 
peal to the Court of Common Pleas or any Judge thereof, as hereinbefore pro- 
vided for persons who have been denied registration. 

Civ. '02, § 187; 1896, XXII, 41, § 16. 

§ 214. Clerk of Court of General Sessions to Report Male Persons 
Convicted of Disqualifying Crimes. — The Clerk of the Court of General Ses- 
sions and Common Pleas for each County shall on or before the fifteenth day 
of October, 1902, and biennially thereafter on or before the same day of the 
same month, make out and report to the Boards of Registration for their re- 
spective Counties a complete list of all male persons convicted prior to the first 
day of October, 1896, and during every two years thereafter of the following 
offenses, to wit : Burglary, arson, obtaining goods or money under false pre- 
tenses, perjury, forgery, robbery, bribery, adultery, bigamy, wife beating, house- 
breaking, receiving stolen goods, breach of trust with fraudulent intent, fornica- 
tion, sodomy, incest, assault with intent to ravish, miscegenation, and larceny, or 
crimes against the election laws. Such report must be accompanied by the cer- 
tificate of the Clerk that the report is correct as appears from the records of 
his office. 

Civ. '02, § 188; 1896, XXII, 42, § 17. 

§ 215. 'Magistrates to Report Persons Convicted of Disqualifying 
Crimes. — Every Magistrate in the State shall on or before the fifteenth day 
of October, 1902, and biennially thereafter on or before the same day of the 
same month, make out under his hand and seal, and report to the Board of Reg- 
istration of his County, a complete list of all the male persons convicted before 
him of any of the offenses mentioned in the preceding Section prior to the first 
day of October, 1902, and during every two years thereafter, or before any of 

5. The Clerk's certificate does not give the prior to 1898 may vote, though names not on 

holder a right to vote, but only establishes his books. State v. Canvassers, 79 S. C. 246, 249, 60 

right to registration. State v. Canvassers, 78 S. C S. E. 699. Irregularities in issuing certificates not 

461, 59 S. E. 145, 14 Iv. R. A., N. S., 850 n., 13 necessarily fatal to election. lb. 
Am. & Eng. Ann. Cas. 1133. Persons registered 



80 CIPIL CODE [ §§ 216-218 

his predecessors whose trial docket is in his possession during the two preceding 
years, or the period following his last previous report, or the last previous report 
by his predecessor. Any Magistrate or Clerk of the Court who shall fail to make 
or neglect to make such report as required by this and the preceding Section 
shall forfeit and pay to the County in which he holds his office the sum of fifty 
dollars for each and every such failure or neglect to make such report. 
Civ. '02, § 189; 1896, XXII, 42, § 18. 

§ 216. Reports of Conviction Prima Facie Evidence — Denial of Reg- 
istration and Vote. — The reports provided for in the two preceding Sections 
shall be received by the Board of Registration as prima facie evidence of the 
facts stated therein, and the said Board shall immediately erase the names of all 
such persons from the registration books or records in their County, and such 
person shall not be thereafter allowed to register or to vote unless such person 
shall present to the Board a pardon from the Governor or shall prove that 
they were never convicted of the offenses stated in such certificate, in which 
cases their names shall thereupon be restored to the registration books or records 
as completely and effectually as if it had never been stricken therefrom. The 
said Boards are required whenever the names of any electors are thus stricken 
from the books of registration to furnish a list of such names to the Clerk of 
Court and the Secretary of State, and they shall erase from the record of reg- 
istered electors on file in their respective offices the names of such electors. 

Civ. '02, § 190; 1896, XXII, 43, § 19. 

§ 217. Places for Voting — Removal from One Voting Place to An- 
other. — Every elector shall vote at the polling place in the polling precinct at 
which and in which his registration certificate entitled him to vote. When a new 
voting precinct is established by law it shall be the duty of the Board of Regis- 
tration to transfer from the books of registration the names of such electors 
registered to vote in other voting precincts as should hereunder register and vote 
in the new voting precinct, and to issue to such electors as may apply new reg- 
istration certificates for such new polling precinct, and such elector shall there- 
after vote in the new polling precinct to which they have been transferred. In 
case of the removal of an elector from one precinct to another in the same 
County, such elector shall notify the Board of Registration of such County, and 
surrender his certificate. And the said Board shall note the fact upon the proper 
book and give to the elector a certificate for registration for the precinct into 
which he has removed. When one voting place has been changed to another in 
the same township or pojling precinct, or where the name of the voting place 
has been changed since the last general election, the registration of electors for 
the former voting place shall be valid and effectual for the new voting place. Any 
registered elector who may reside nearer to a voting place in his polling precinct 
than the one at which he is entitled to vote, and desires to vote at such nearer 
voting place, shall, upon the surrender of his certificate of registration, be en- 
titled to a new certificate entitling him to vote at such nearer voting place. 
Civ. '02, § 191; 1896, XXII, 43, § 20. 

§ 218. Books to Be Deposited with Clerk of Court. — Tlw Board of 
Registration shall deposit the books and other records of registration for safe- 
keeping in the office of the Clerk of the Court of Common Pleas for their County, 
who shall keep the same with the other records in said office. 

Registration Books and Records Public — How. — The registration books 
and records shall be public records open to the inspection of any citizen at all 
times, and shall not be removed from the office of the Clerk of the Court by any 
person except the Board of Registration who are authorized ,to take and keep 
the same as long as may be necessary to enable them to perform the duties herein 
imposed on them : Provided, That the books and records of registration shall 
not be kept anywhere else than in the office of the Clerk of the Court of Com- 



§§ 219-221 ] OF SOUTH CAROLINA. - 81 

mon Pleas or in the office of the Board of Registration except when used by the 
Board in the several polling precincts as required by this Article. 
Civ. '03, § 192; 1896, XXII, 44, § 21. 

§ 219. Reg-istration Books Furnished Each Precinct — Right to Vote- 
Books Given to Managers. — Immediately preceding each general election or 
any special election, the Board of Registration shall furnish to the Commissioners 
of Election for their County two registration books for each polling precinct 
in their County, containing in each the names of all electors entitled to vote 
at such precinct ; and no elector shall vote in any polling precinct unless his name 
appears on the registration books for that precinct : Provided, That in case the 
name of any registered elector does not appear, or incorrectly appears, on the 
registration books of his polling precinct, he shall, nevertheless, be entitled to 
vote upon the production and presentation to the Managers of Election of such 
precinct (in addition to his registration certificate) of a certificate of the Clerk 
of Court of Common Pleas that his name is enrolled in the registration book or 
record of his County on file in said Clerk's office, or a certificate of the Secre- 
tary' of State that his name is enrolled in the registration book or 
record of his County on file in the office of the Secretary of State, or prior to 
the filing of such books or records in or before the first day of February, 1898, 
in the offices of the Clerk and Secretary of State a certificate of a member of 
the Board of Registration of his County that his name is enrolled on the County 
registration book or records ; and it shall be the duty of the Clerk or the Secre- 
tary of State, or a, member of the Board of Registration, to furnish such certifi- 
cate without cost or charge upon demand of any such elector whose name ap- 
pears upon the registration books or records of his County on file in the office 
of the Clerk of Court or in the office of the Secretary of State. The Commis- 
sioners of Election shall turn over said books to the Managers of Election of 
each polling precinct, who shall be responsible for the care and custody of said 
books and the return thereof to the Commissioners within three days after such 
election. The Commissioners of Election shall return such books to the Board of 
Registration within twenty days after such election.^ 
Civ. '02, § 193; 1896, XXII, 44, § 22. 

§ 220. Who Entitled to Vote in Municipal Elections. — Every male citi- 
zen of this State and of the United States of the age of twenty-one years and 
upwards, having all the qualifications mentioned in Section 200, and who has 
resided within the corporate limits of any incorporated city or town in this State 
for four months previous to any municipal election, and has paid all taxes due 
and collectible for the preceding fiscal year, and who has been registered as 
hereinafter required, shall be entitled to vote at all municipal elections of his 
city or town. 

Civ. '02, § 194; XXII, 44, § 23. 

§ 221. Registration for Municipal Elections. — Ninety days before the 
holding of a regular election in any incorporated city or town in this State the 
Mayor or Intendant thereof shall appoint one discreet individual, who is a quali- 
fied elector of such municipality, as Supervisor of Registration for such city or 
town, who shall hold office for the term of two years and until his successor 
has been appointed and qualified, and who shall receive as compensation for his 
services one dollar per day for each day actually engaged in the discharge of his 
duties, to be paid by the town or city, whose duty it shall be to register all quali- 
fied electors within the limit of the incorporated city or town. The names of all 
qualified electors of such municipality shah be entered in a book of registration, 
which at least one week before the election, and immediately after the holding 
of the election, shall be filed in the office of the Clerk or Recorder of such city 

6. Clerk's certificate as to registration of voter. State c'. State Board of Canvassers, 79 S. C. 246, 
60 S. E. 699. 

S C C— 6 



82 CIVIL CODE [ §§ 222-22S 

or town, and shall be a public record open to the inspection of any citizen at all 
times : Provided, That twenty days prior to any special election to be held as 
aforesaid the books of registration shall be opened for the registration of the 
names of qualified electors therein, and shall remain open for a period of ten 
days : Provided, That in cities of over fifty thousand inhabitants there shall be 
appointed three Supervisors, who shall represent different political parties or 
factions of parties. Immediately preceding any municipal election to be held in 
any incorporated city or town in this State, the Supervisor or Supervisors of 
Registration (as the case may be) shall prepare for the use of the managers of 
election of each polling precinct in such city or town a registration book or 
books for each polling precinct in such city or town, containing the names of all 
electors entitled to vote in such polling precinct at said election. 
Civ. '02, § 195; 1896, XXII, 44. § 24; 1908, XXV, 1026. 

§ 222. Books, etc., to Be Furnished.^ — It shall be the duty of the Mayor 
or Intendant of incorporated cities or towns to cause to be prepared and fur- 
nished suitable books of registration and all stationery and blanks necessary for 
the registration of electors. 
Civ. '02, § 196. 

§ 223. Qualifications for Registration — How Determined — Appeals. — 

The Supervisor or Supervisors of Registration (as the case may be) shall judge 
of the qualifications of all applicants for registration. The production of a cer- 
tificate of registration from the Board or Supervisor of Registration of the 
County entitling the applicant to vote in a polling precinct within the incorporated 
city or town in which the applicant desires to vote shall be a condition prerequisite 
to the applicant's obtaining a certificate of registration for municipal elections ; 
and the production of such certificate and proof of his residence within the limits 
of the municipality for four months preceding such election and the payment of 
all taxes assessed against him due and collectible for the previous fiscal year 
shall entitle the applicant to registration. From the decision of the municipal 
Supervisor any applicant may appeal to the Court of Common Pleas, or any 
Judge thereof, and from thence to the Supreme Court, and the mode of appeal 
shall be the same as provided in Section 206. 

Civ. '02, § 197. 

§ 224. Place of Voting in Incorporated Cities and Towns with Sev- 
eral Precincts. — In incorporated cities or towns in which there are more than 
one polling precinct, every elector shall vote at the polling precinct in which liis 
registration certificate entitles him to vote. 

Civ. '02, § 198. 

§ 22 5. Elector to Have Certificate — Form. — Each elector registered by 
the municipal Supervisor or Supervisors of Registration (as the case may be) 
shall be furnished by such Supervisor or Supervisors ( as the case may be ) witli 
a certificate, which shall be of the following form : 

Civ. '02, § 199. 

State; oi? South Carolina, City or Town of 

Registration Certificate; for Municipal Election, 

Number. . . ., Ward. . . . 

This is to certify that is a qualified elector of the city or town of 

, resides in Ward , is years of age, and is entitled 

to vote in the municipal election on the day of ., 1 . . . . 

Registered on the day of , 1 . . . . 



"Supervisor of Registration." 
or 

"Supervisor of Registration." 



§§226-228] OF SOUTH CAROLINA. ' 83 

§ 226. Managers of Election to Be Furnished with Registration 
Books. — Before any municipal election to be held in any incorporated city or 
town in this State after the general election of 1896, the municipal Supervisor or 
Supervisors of Registration (as the case may be) shall furnish the Managers of 
Elections with the book or books of registration for the city or town or precinct 
thereof, prepared by him or them for the use of the Managers of Election as 
prescribed in the preceding Section, 221, which they shall return to the Super- 
visor or Supervisors (as the case may be) within three days after the election; 
and no elector shall be allowed to vote in any municipal election whose name is 
not registered as herein provided, or who does not produce a municipal registra- 
tion certificate at the polls : Provided, That in case the name of any registered 
elector does not appear, or incorrectly appears, on the registration books of his 
polling precinct, he shall nevertheless be entitled to vote, upon the production 
and presentation to the jManagers of Election of such precinct (in addition to his 
municipal registration certificate) a certificate of the Clerk or Recorder of such 
city or town that his name is enrolled in the registration books of his city or 
town, on file in the office of said Clerk or Recorder, and it shall be the duty of 
said Clerk or Recorder to furnish such certificate without cost or charge upon 
demand of any such elector whose name appears on the registration book of his 
city or town on file in the office of said Clerk or Recorder. 
Civ. '02, § 200. 

§ 227. Oath Required of Applicant. — Every applicant for registration, in- 
cluding municipal registration, shall first take the following oath, to be adminis- 
tered to him by the Board or the Supervisor, or Supervisors of Registration (as 
the case may be) : "I do solemnly swear (or affirm) that I am a male citizen 
of this State and of the United States ; that I am twenty-one years of age or 
more ; that I have resided in this State for two years, and in this County for one 
year, and in the polling precinct in which I apply to be registered and in which 
I will offer to vote if registered for four months ; and that I have not been con- 
victed of burglary, arson, obtaining goods or money under false pretenses, perjury, 
forgery, robbery, bribery, adultery, bigamy, wife beating, housebreaking, receiving 
stolen goods, breach of trust with fraudulent intent, fornication, sodomy, incest, 
assault with intent to ravish, miscegenation, larceny, or crimes against the elec- 
tion laws." 

Civ. '02, § 201; 1896, XXII, 40, § 30. 

§ 228. Each Township a Polling Precinct.^Each township as now or 
hereafter laid out and defined in the several Counties of this State, and in those 
Counties where there are no such townships, the parish as formerly known and 
defined, is declared a polling precinct. In all cities and towns containing five 
thousand inhabitants or more, where the same is divided into wards, each ward 
shall be a polling precinct; and in the city of Charleston the polling precincts 
shall be the same as the voting precincts now established in the several wards 
of said city by law, and in the County of Richland that portion of Columbia 
Township outside of the corporate limits of the city of Columbia (as the said 
limits are now or may hereafter be by law established) shall constitute a sepa- 
rate polling precinct. The voting places within these polling precincts shall be 
the same as now or hereafter established by law : Proinded, When there are 
more than one voting place in the polling precincts the electors for that precinct 
can vote at either polling place, to be designated on his certificate of registration 
by Board of Registration or Supervisor of Registration. 
Civ. '02, § 202. 



84 CIJ'IL CODE [ § 229 

CHAPTER IX. 
Location and Names of Voting Precincts. 

Sec. Sec. 

229. Location and names of voting- pre- 230. When registration certificates ma\- 

cincts. be changed. 

§ 229. Names and Location of Voting Precincts. — At all general elec- 
tions held in this State, the same shall be conducted at the voting precincts which 
are hereby fixed by law. in the various Counties, cities and towns of this State, 
the number, location and names of which are. and shall be, as hereinafter desig- 
nated, to wit : 

Civ. '02. § 203. 

Abbeville.- — In the County of Abbeville, there shall be voting precincts as fol- 
lows: Abbeville Court House. Antreville. ]\Iount Carmel. AMllington. Due A\'est, 
Donaldsville, Lowndesville. ^Magnolia, Central School House in Long Cane Town- 
ship, Clotworthy's Cross Roads. ]\IcCormick. Bryant's Cross Roads, Keowee. 
Rock Springs, Cheatam's ]\Iill. Little River School House in Due AA'est Town- 
ship, and Young's School House. 

1900. XXIIT. 368: 1904. XXIV. 507: 1910. XXVI. 770. 

AiKEx. — In the County of Aiken there shall be the following voting precincts : 
Aiken Court House. Oakwood. Bath ]\Iills. Kaolin. Banks' ]\Iill, Creed's Store. 
Eureka. Fountain Academy. Graniteville, Xorth Augusta, Kneece's ^lill, Lang- 
ley. Talatha Postoffice, Bloomingdale. ]\Iontmorenci, Shaw's Fork. Oak Grove 
School House. Otts School House, Page & Hankinson's Store. Perr\'. Salleys. 
Seivern. Silverton, Sunnyside. AVagener. Windsor. A^aucluse. Ellenton, \Miite" 
Pond. Kitching's ]\Iill, Lybrand and AA'arrenville. 

1900, XXIII, 368: 1908, XXV. 1059. 

AxDERSOX. — In the County of Anderson there shall be voting places as fol- 
lows : Anderson Court House, Belton. Craytonville, Pendleton. Centerville. Sandy 
Springs. Five Forks, Hopewell Springs. Slabtown. AA'illiamston. Honea Path. 
I\Iartin's Store, Milfords, Cedar Wreath. ]\Ioffettsville. AMlliford's Store. Broyle's 
Mill, Starr, Tugaloo Academy, Iva, Piedmont IMills. Holland's Store. Pelzer. 
Hunter's Springs, Flat Rock. Xeals Creek Church, Cedar Grove. Bethanv, Town- 
ville. Alount Tabor. Orr ^^lills. Gluck :\Iills, Pelzer Mill No. 4. Piercetown, Tox- 
away IMill, Anderson Cotton I\Iills. Brogon Mill. Concrete. Belton Mills. Wil- 
liamston Mills, Old Friendship School House. Whitefield Church. Grove School 
House. "White Plains. Toney Creek. Three and Twenty and Long Branch. 

1900. XXIII. 368; 1910, XXVI. 770. 

Bamberg. — In the County of Bamberg there shall be voting precincts as fol- 
lows : Bamberg. Denmark. Ola. Midway. Ehrhardt. Kearn's ]\Iill. Farrell's Store. 
Lee's and Govan. 

1900, XXIII. 368; 1904. XXIV, 507. 

Barnwell. — In the County of Barnwell there shall be the following voting 
places : Allendale. Barnwell, Beldoc. Blackville. Bull Pond Club House in Bull 
Pond Township, Jerry. Snelling. Robbins. Kline. Dunbarton. Tinker's Creek 
School House. Sycamore. L'lmers. ]\Iillett. AA'illiston. Elko, Hercules Creek 
School House in Fairfax. 

1900, XXIII. 368; 1905. XXIV. 946. 

Beaufort. — In the County of Beaufort there shall be the following votmg 
places: Beaufort No. 1, at or near Beaufort Court House. Beaufort No. 2. at 
or near the Townhall. Port Royal. Grahamville. Tomotley. Hardeeville. Bluffton. 
Barrel Landing. Lady's Island, Cherry Hill. Brick Church. Paris Island and 
Benjie Point. 

1900. XXIII. 369; 1910. XXVI. 766. 



§229] OP SOUTH CAROLINA. 85 

Berkeley. — In the County of Berkeley there shall be voting places as fol- 
lows: In the parishes of St. Thomas and St. Dennis, Cainhoy and Bate's Still; 
in the parish of St. James, Santee, Honey Hill ; in the parish of St. Stephens, St. 
Stephens, Gumville, Pineville and Bethera ; in the parish of St. John's Berkeley, 
Eutawville, Calamus Pond, Pinopolis, Cross Graded School and Biggin Church ; 
and in the parish of St. James Goose Creek, Holly Hill, Hilton's Cross Roads, 
Cooper's Store and Cams' Cross Roads. 

1900, XXIII, 369; 1909, XXVI, 68. 

Calhoun. — In the County of Calhoun there shall be voting precincts as fol- 
lows : Cameron, Fall Branch, Fort Alotte, Lone Star, St. Matthews^ Red Store, 
Murph's Mill and Center Hill. 

1910, XXVI, 767. 

Charleston. — In the County of Charleston, outside the corporate limits of the 
city of Charleston, there shall be voting places as follows : Public School House 
grounds on James Island, Moultrieville, McClellanville, at or near Awendaw 
Bridge, in the parish of St. James Santee ; Mount Pleasant, in Christ Church 
Parish ; Brick Church, in St. Andrew's Parish ; Cedar Springs, on John's Island ; 
Enterprise Postoffice, on Wadmalaw Island ; Camp Ground, on Edisto Island ; and 
on Meeting Street Road outside of the corporate limits of the city of Charleston, 
and at the nearest available place to said corporate limits : Provided, That nothing 
herein contained shall be construed to vary or affect the location of the voting pre- 
cincts within the limits of the city of Charleston as now established by law. The 
registration and voting precincts in the County of Charleston within the limits of 
the city of Charleston shall hereafter conform to the Wards in which the city of 
Charleston is now by law divided, and registration and voting precincts are hereby 
established therein, as follows : The first precinct of Ward' One shall embrace all 
that portion of said Ward south of Broad street, east of Church street to Water 
street, south of Water street to Meeting street, east of Meeting street to South 
Bay street. The poll shall be held at or near the corner of Church and Wate^- 
streets. The second precinct of Ward One shall embrace all that portion of said 
Ward south of Broad street, east of King street, west of Church street or Water 
street to Meeting street, west of Meeting street to South Bay street. The poll 
shall be held at or near the corner of Meeting and Tradd streets. The first pre- 
cinct of Ward Two shall embrace all that portion of said Ward south of Broad 
street, west of King street to South street, including south side of said street to 
Ashley River, east of Legare street to Tradd street, north of Tradd to Logan street, 
east of Logan to Broad street. The poll shall be held at or near the corner of 
King and Tradd streets. The second precinct of Ward Two shall embrace all 
that portion of said Ward south of Broad street, west of Logan street to Tradd 
street, south of Tradd to Legare street, west of Legare street to Ashley River. 
The poll shall be held at or near the corner of New and Broad streets. The first 
precinct of Ward Three shall embrace all that portion of said Ward north of 
Broad street, south of Hasel street, east of Church street and Maiden Lane. • 
The poll shall be held at or near the corner of State and Cumberland streets. 
The second precinct of Ward Three shall embrace all that portion of said AA'ard 
north of Broad street, south of Hasel street, east of Church street and Maiden 
Lane and east of King street. The poll shall be held at Market Hall. The first 
precinct of Ward Four shall embrace all that portion of said Ward north of 
Broad street, south of Wentworth street, west of King street and east of Mazyck 
and Coming streets. The poll shall be held at or near the corner of Archdale 
and Beaufain streets. The second precinct of Ward Four shall embrace all that 
portion of said Ward north of Broad street, south of Wentworth street, Avest of 
Mazyck and Coming streets. The poll shall be held at or near the corner of 
Smith and Beaufain streets. The first precinct of Ward Five shall embrace all 
that portion of said Ward north of Hasel street, south of Calhoun street and east 
of Anson street. The poll shall be held at or near the corner of Laurens and 



86 CIJIL CODE [ § 229 

Middle streets. The second precinct of Ward Five shall embrace all that portion 
of said Ward north of Hasel street, south of Calhoun street, west of Anson and 
east of King street. The poll shall be held at or near the corner of Meeting and 
Society streets. The first precinct of Ward Six shall embrace all that portion 
of said Ward north of Wentworth street, south of Calhoun street, west of King 
street and east of Pitt street. The poll shall be held at or near the corner of 
George and College streets. The second precinct of Ward Six shall embrace all 
that portion of said Ward north of Wentworth street, south of Calhoun street 
and west of Pitt street. The poll shall be held at or near the corner of Bull and 
Rutledge streets. The first precinct of Ward Seven shall embrace all that por- 
tion of said Ward north of Calhoun street, south of Mary street and east of 
Elizabeth street. The poll shall be held at or near the corner of Alexander and 
Charlotte streets. The second precinct of Ward Seven shall embrace all that 
portion of said Ward north of Calhoun street, south of J\Iary street, west of 
Elizabeth street and east of King street. The poll shall be held at or near the 
corner of Hutson and Meeting streets. The first precinct of Ward Eight shall 
embrace all that portion of said Ward north of Calhoun street, south of Rad- 
cliffe street, west of King street and east of Pitt and Thomas streets. The poll 
shall be held at or near the corner of Vanderhorst and Coming streets. The sec- 
ond precinct of Ward Eight shall embrace all that portion of said Ward north of 
Calhoun street, south of Radcliffe and Bee streets and west of Pitt and Thomas 
streets. The poll shall be held at or near the corner of Rutledge and Vanderhorst 
streets. The first precinct of Ward Nine shall embrace all that portion of 
said \A"ard north of Mary street, south of Columbus street and east of Nas- 
sau and Hanover streets. The poll shall be held at or near the corner of 
Amherst and America streets. The second precinct of Ward Nine shall em- 
brace all that portion of said Ward north of Columbus street, east of Han- 
over street to the city boundary. The poll shall be held at or near the corner 
of America and Cooper streets. The first precincts of Ward Ten shall em- 
brace all that portion of said Ward north of Mary street, south of Columbus 
street, west of Nassau street and east of King street. The poll shall be 
held at or near the corner of Wolfe and Meeting streets. The second precinct 
of Ward Ten shall embrace all that portion of said Ward north of Columbus 
street, east of King street and west of Hanover street to the city boundary. 
The poll shall be held at or near the corner of Line and Meeting streets. The 
first precinct of Ward Eleven shall embrace all that portion of said Ward north 
of Radcliffe street, south of Spring street, west of King street and east of Rut- 
ledge Avenue. The poll shall be held at or near the corner of Morris and Com- 
ing streets. The second precinct of Ward Eleven shall embrace all that portion 
of said Ward north of Spring street, west of King street and east of Rutledge 
street to the city boundary. The poll shall be held at or near the corner of 
Line and Coming streets. The first precinct of Ward Twelve shall embrace all 
that portion of said Ward north of Bee street, west of Rutledge Avenue, east 
of President street and its line of prolongation to the city boundary. The poll 
shall be held at or near the corner of Ashley and Spring streets. The second 
precinct of W^ard Twelve shall embrace all that portion of said W^ard north of 
Bee street, west of President street, and its line of prolongation to the city 
boundary. The poll shall be held at or near the corner of Spring and Norman 
streets. 

1896, XXII, 50; 1890, XX, 713. 

Cherokee. — In the County of Cherokee there shall be voting places as follows: 
At Grassy Pond, Maud, Ezells, White Plains, Ravenna, Allen's at Z. J. Petty's, 
Draytonsville, Timber Ridge, Littlejohn's, at T. D. Littlejohn's, Sarratt, Wil- 
kinsville, King's Creek, Cherokee Ealls, Blacksburg, Buffalo, Macedonia, An- 
tioch, Butler, at Butler's School House, W'ood, Thickety, Limestone, at Lime- 
stone Mills, Gaucher, at C. E. Smith's Store, Pleasant Grove, at Pleasant Grove 



§229] OF SOUTH CAROLINA. 87 

School House, and one at Metcalf s Store, to be known as Metcalf, and there 
shall be four voting places in the town of Gafifney, as follows : at Holt's Store, 
in Ward One, to be known as Gaffney No. 1 ; one at the National Bank Old 
Building, to be known as Gaffney No. 2 ; and one at W. L. Spake's Store, in 
Ward Five, to be known as Gaffney No. 3 ; and one at Opera House, to be 
known as Gaffney No. 4. 

1900, XXIII, 369; 1910, XXVI, 767. 

Che;ste;r. — In the County of Chester there shall be voting places as follows : 
Chester Court House, Lowreyville, Carter's, at J. Wesley Carter's, Land's, 
Fishing Creek Church, Rodman, on S. A. L. Railroad, Rossville, John Simp- 
son's Wilksburg, J. E. Wylie's Store, Lansford, Cornwell's, Richburg, Edge- 
more, Baton Rouge, Ferguson's Store, Fort Lawn, White's Store, Leeds and 
Great Falls. 

1900, XXIII, 369; 1910, XXVI, 767. 

CnEsTERFiiiivD. — In Chesterfield County there shall be voting places as follows : 
Chesterfield Court House, Cheraw, Marburg, Brooks' Mill, Wexford, Mount 
Crogan Cross Roads, Ruby, Snow Hill, Jefferson, Catarrh, Dudley, Pageland, 
McBee. Middendorf, Cat Pond School House, Bethel, Douglass Mill, Grant's 
Mill, Patric, Odom's Mill, Windzo, and Plains. 

1900, XXIII, 369; 1910, XXVI, 771. 

Clarendon. — In Clarendon County there shall be voting places as follows : 
Hodges Corner, Packsville, Chandlers, Alcolu, Barron's Mill, New Zion, Turbe- 
ville, McFadden's Store, Forreston, Wilson Duffie's Store, Jordon, Manning, 
Davis Cross Roads, St. Paul's, Summerton, Panola, Davis' Station. 

1900, XXIII, 369; 1906, XXV, 128. 

Colleton. — In Colleton County there shall be voting places as follows : War- 
ren's Cross Roads, Jacksonboro, Adam's Run, Greenpond, Cottageville, Maple 
Cane, Horse Pen, Hendersonville, Snyder's Cross Roads, Rice Patch, Belle's 
Cross Roads, Smoak's Cross Roads, Doctor's Creek, Ashton, Lodge, Petit's 
Store, People's Club, Williams, Beraror's Church, Walterboro, Hudson's Mill, 
Ruffin, Ritter, in Verdier Township, and Hickory Hill, in Adam's Run Town- 
ship, Sidney and Tiger Creek. 

1900, XXIII, 369; 1910, XXVI, 768. 

Darlington. — In the County of Darlington there shall be voting places as fol- 
lows : Darlington Court House No. L Darlington Cotton Mill No. 2, Mechan- 
icsville, Society Hill, Leavensworth, Hartsville, Lydia, Lamar, Garner's Store, 
Early Cross Roads, Bethlehem Church, in Antioch Township, McColl's Branch, 
in Philadelphia Township, Palmetto, Lumber and Clyde, at Clyde. 

1896, XXII, 51; 1905, XXIV, 946. 

Dillon. — In the County of Dillon there shall be voting places as follows : Ber- 
muda, Fore's Cross Roads, Campbell's Bridge, Centerville, Dillon, Hamer, Cad- 
dy's Mill, Page's Mill, Latta, Little Rock, Fork, Judson, Mt. Calvary, Kemper^ 
Gin House and Maple Cotton Mill. 

1910, XXVI, 767; 1911, XXVII. 117. 

Dorchester. — In the County of Dorchester there shall be voting places as fol- 
lows : Cattle Creek School House, in Koger Township, Reevesville, St. George, 
Grover, Indian Fields, Harleyville, Ross, Pregnall's, Beech Hill, Delamars, 
Knightsville, Ridgeville, and in the town of Summerville there shall be two (2)* 
voting precincts. No. L at the Townhall, near the depot, and No. 2 shall be held 
at the Old Townhall. 

1900, XXIII, 370; 1910, XXVI, 768. 

Edgefield. — In the County of Edgefield there shall be voting places as follows : 
Timmerman, Johnston, Trenton, Edgefield C. H., No. 1 for Pickens Township, 
Edgefield C. H., No. 2 for Wise Township, Meeting Street, Pleasant Lane, Re- 



88 CIVIL CODE [ § 229 

hoboth, Plum Branch, Modoc, Red Hill, Cheatham's Store, ^Nlathis, Liberty Hill, 
Meriwether Hall, Landrum's Store, Gregg, Elmwood, Ropers and Long Branch 
School House. 

1900, XXIII, 370; 1903, XXIV, 8; 1911, XXVII, 117. 

Fairfield. — In the County of Fairfield there shall be voting places as follows : 
Albion, at Newhope School House, Centerville School House, Blythewood, 
Feasterville, Milford, at Keistler's Store, Horeb, at Hau's Store, Monticello, 
Ridgeway, Winnsboro, Woodwards, Longtown, at Jenkins' Store, Bear Creek, 
Cooper School House, Duke School House, Greenbrier, Jackson's Creek School 
House, Jenkinsville. 

1900, XXIII, 370; 1910, XXVI, 768. 

Florence. — In the County of Florence there shall be voting places as follows : 
In the city of Florence there shall be two. No. 1 and No. 2, Ebenezer, Tim- 
monsville, Cartersville, James Cross Roads, Langston School House, Mars Bluff, 
Evergreen, Hymansville, Cowards, Olanto, Tans Bay, Hannah, Savage, Pleas- 
ant Grove, Oak Grove, Back Swamp, at McCall's Store, Claussen and Friend- 
field, at Brooks Cross Roads. 

1900, XXIII, 370; 1910, XXVI, 768. 

Georgetown. — In Georgetown County there shall be voting places as follows: 
Georgetown No. 1, at or near Georgetown Court House; Georgetown No. 2, 
at or near store of the Southern Alercantile Company; Sampit, Carver's Bay, 
Choppee, at or near Munnerlyn's Store; Black'River, Potato Ferry, Greers, at 
or near Young's Cross Roads; Murrell's Inlet, Waverly Mills, Santee, Penny- 
royal Bridge, Cedar Creek, Bethel Crossing, Rosemary, Snow Mill and Bird- 
field. 

1900, XXIII, 370; 1907, XXV, 506. 

Greenville. — In the County of Greenville there shall be voting places as fol- 
lows : Six in the city of Greenville, to be placed by the Commissioners of Elec- 
tion, one to be in each ward of the city, to bear the same number as the ward 
in which it is located ; Reedy River Mills, West Gantt School House, Reedy 
Fork, K. S. Chandler's, Fork Shoals, J. E. Knight's, Old Fairview Academy, 
Peden's Old Store, Butler's Cross Roads, Jonesville Academy, Batesville, Alis- 
sion School House, Taylor's, Double Springs Church, T. J. Mitchell's, S. W. Bar- 
ton's (Glassy Mt. Township), Merrittsville School House, Jenning's Mill, Mon- 
tague, Piedmont Factor, Gowansville, Marietta, West Dunklin New School 
House, Locust, Tigerville, Reed's School House; one box for Sampson and 
Poe Mills to be located at Sampson ; one box for Brandon and Woodside JMills, 
to be located at or near T. A. Honour's Store, Bessie, Reese's Store, Fountain 
Inn, Greer, Simpsonville, Lima School House, Monaghan Mills, A. ^^^ McDa- 
vid's Store, Berea School House, James Wilson's Store (Highland), Golden 
Grove School House, Hellam's Crossing and Mountain Hill. 

1900, XXIII, 370; 1910, XXVI, 768. 

Greenwood. — In Greenwood County there shall be voting places as follows: 
Greenwood, Coronaca, Cokesbury, Hodges, Jones, Verdery, Callison, Ninety- 
Six, Bradleys, Troy, Phoenix, Kinards School House, Kirksey's, Paynes Cross 
Roads, Epworth, Algary, Dyson, Lyon and Ware Shoals. 

1900, XXIII, 371; 1904, XXIV, 509. 

• Hampton. — In the County of Hampton there shall be the following voting 
places : Brunson, Hampton Court House, Varnville, Early Branch, Gillisonville, 
Tillman, Brighton, Ridgeland, Estill, Luray, Bonnett, Stafford, Scotia, Gifford, 
Seminole, Horse Gall, Grays, River Mill, Hopewell, and Crocketville. 
1900, XXIII, 371; 1910, XXVI, 771. 

Horry. — In Horry County there shall be voting places as follows : Adrian, 
Bayboro, Blanche, Cedar Grove, Conway, Cool Springs, Daisy, Dog Bluff', Dog- 



§229] OF SOUTH CAROLINA. ' 89 

wood, Ebenezer, Farmer, Floyd's, Gallivant's Ferry, Grahamville, Green Sea, 
Greenwood, Guerley, Hammond, Homewood, Joy, Knotty Branch, Little River, 
Loris, Marlow, Port Harrelson, Sanford, Shell, Spring Branch, Socastee, Tay- 
lorsville, Vardville, Wampee, Withers and Jordanville. 

1900, XXIII, 371; 1910, XXVI, 769. 

Kershaw. — In Kershaw County there shall be voting places as follows : Cam- 
den Opera House, Rabon's Cross Roads, Blaney, Lang's Mills, Bethune, West- 
ville, Buffalo School House, Brewer's Store, Liberty Hill, McLeon's Branch, 
Mt. Zion Church, Stockton Place, Hanging Rock, Kirkley's Store, Raley's Mill, 
Shayler's Hill, Stokes School House, Hermitage Cotton Mill, Nine Creek Cot- 
ton Mill, Cleveland School House and Cantey. 

1900, XXIII, 371; 1907, XXV, 506; 1908, XXV, 1061; 1910, XXVI, 769. 

Lancaster.— In the County of Lancaster there shall be voting places as fol- 
lows : Lancaster Court House, Lancaster Cotton Mills, Antioch, Pleasant Val- 
ley, Pine Grove School House, Lindsay, Thornwell, New Cut, Tradesville, Zion, 
at Zion School House, Union, at Union School House, Taxahaw's, Welsh's, 
Carmel, Heath Springs, Flat Creek, at Flat Creek Church; Blair, Primus, 
Dwight, Kershaw, Van-Wyck, Elgin, at Elgin Station; Crenshaw, at Crenshaw 
School House, in Cedar Creek Township ; Haile Gold Mine, White Bluff and 
Unity, at Unity School House. ^ 

1900, XXIII, 371; 1910, XXVI, 769. 

Laurens. — In the County of Laurens there shall be voting places as follows : 
Laurens Court House, Laurens Cotton Mill, Renno, Langston Church, Ora, 
Pleasant Mound, Young's Store, Stuart's Store, Powers, Gray Court, Dial's 
Church, Shiloh, Woodville, Tumbling Shoals, Brewerton, at T. T. Woods, Dan- 
iel's Store, Tip Top, Mount Pleasant, Cross Hill, Mountville, Hopewell, Water- 
loo, Ekom, Clinton Cotton Mills, Clinton, Princeton, Watt's Mills, Cook's Store, 
Langford's Station, Goldville and Lydia Mills. 

1900, XXIII, 371; 1909, XXVI, 69. 

Lee. — In the County of Lee there shall be voting places as follows : Bishop- 
ville Township, one at Bishopville, and one at Manville; of Lynchburg township, 
one at Lynchburg; of St. Charles township, one at St. Charles; Mechanicsville 
township, DuBose's Cross Roads; of Spring Hill township, one at Smithville; 
Ionia township, one at Ionia School House, and one at McCaskill's School House ; 
of Turkey Creek township, one at Turkey Creek and one at Lucknow ; of Stokes 
Bridge township, one at Stokes Bridge; of Cypress township, one at Cypress; 
of Mt. Clio township, one at Wisacky, 

1909, XXVI, 69. 

Lexington. — In the County of Lexington there shall be voting places as fol- 
lows : Lexington Court House, T. J. Draft's Store, Leesville, Gilbert, Gaston, 
Pool's Mill, Irmo, Ballentine, Chapin, Efird's Store, Peak's Station, W. P. Shea- 
ly's Store, Hilton, Samaria, Batesburg, Swansea, Red Store, Huffman's Burnt" 
Mill, Brookland, Spring Hill, Falk's School Plouse, Red Bank, Brook, Lower 
Fork, at St. Andrew's School House; Edmund, Pelion, Grout's Store, Stead- 
rnan, Delingo, Sandy Run, at Oak Grove, St. Matthew's, T. H. ShuH's Store 
and Summit. 

1900, XXIII, 372; 1908, XXV, 1061. 

Marion. — In the County of Marion there shall be voting places as follows : 
Ariel, at Back Swamp School House ; Bermuda, at Bermuda Postoffice, in Carmi- 
chael Township ; Fore's Cross Roads, at or near the residence of Tracy E. Fore, 
in Kirby Township ; Campbell's Bridge, Cedar Grove, at Cedar Grove, in Wa- 
kee Township; Centerville, Dillon, Friendship, Hamer (formerly Carmichael), 

1. Kershaw is voting precinct of Lancaster County and not of Kershaw County. Croxton v. 
Truesdel, 75 S. C. 418, 424, 56 S. E. 45. 



90 CIVIL CODE [ § 229 

at Hamer, in Carmichael Township : Kemper, Latta, Little Rock, Marion, Mt. 
Nebo, Mnllins. Nichols, Old Ark, Temperance Hill, Fork, near Fork Depot; 
"and one at Bennett's Store, to be called Judson, Harleysville Township ; and 
one at Sellers, to be called Sellers, in Kirby Township ; and one, to be known as 
Zion, at or near Zion Depot ; and at Alaple Mills, near Dillon ; and at Gin 
■ House, on S. S. Turbeville's Plantation, in Mood's Township. 

1900, XXIII, 372; 1907, XXV, 506. 

]Marlboro. — In the connty of Marlboro there shall be voting places as follows : 
Bennettsville, Red Hill, Brownsville, Hebron, Clio, JMcCall, Newtonville, Brights- 
ville, at Goodwin's Mill, Tatum, Joe Quicks Cross Roads, Kollocks. 

1900, XXIII, 372; 1904, XXIV, 510. 

Newberry. — In Newberry County there shall be the following voting places : 
One at the Court House, one at the Newberry Cotton Mills, and one at the ^lol- 
lohon Cotton Mills, and one at each of the following places: Glymphville, 
Helena, Maybinton, Whitmire, Beth Eden, Jalapa, Longshore, Williams, Utopia, 
Prosperity, Hendrix Mill, Slighs, Jolly Street, Central School House, Pomaria, 
Walton, Mount Bethel, Saint Philips, Little Mountain, L'^nion Academy, Kin- 
ards and Garmany Academy. 

1900, XXIII, 372; 1910, XXVI. 769. 

Oconee. — In Oconee County the voting places shall be as follows : Cherry 
Hill, Clemson College, Damascus, Double Springs, Earles, Fair Play, Friend- 
ship, High Falls, High Falls No. 2, Holly Springs, Jocassee, Little River, Long 
Creek, Madison, Newry, Oakway, Providence (near residence of \\\ F. Hunt). 
Richland, Salem, Seneca, South Union, Tabor, Tamassee, Tokeena, Tugaloo Acad- 
emy, Walhalla, Westminster, West Union, Picket Post. 

1900, XXIII, 372; 1910, XXVI, 771. 

Orangeburg. — Li the County of Orangeburg there shall be voting places as 
follows : Ayers, Bowman, Branchville. Cedar Grove, Cope, Cordova, Dantzler's 
Postoffice, Ebenezer, Elloree, Eutawville, Holly Hill, Jamison, Livingston, North, 
Norway, Orangeburg, Phillips, Raymond, Rowesville, Sawyerdale, Springfield, 
Vance and Stokes, at or near the place of the late Dr. J. W. Stokes.. 

1900, XXIII, 372; 1910, XXVI, 770. 

Pickens. — In Pickens County there shall be voting places as follows : Easley, 
Central, Liberty, Pickens Court House, Dacusville (at Looper's Gin), Pumpkin- 
town, Eastatoe, Cross Plains (at Williams' and Freeman's Store), Catachee 
(within five hundred yards of the company store), Peters' Creek (at Peters' 
Creek Academy), Mile Creek (at Mile Creek Church), Prater's (at Prater's 
Creek Church), Six Mile (at Six Mile Church), Calhoun, Hollv Springs (at 
Holly Springs Church), Gap Hill, Hogsed's Store, Crosswell School House, 
Pleasant Grove (in Pumpkintown Township), Easley Cotton Mill, Glenwood 
Cotton Mill, and Rocky Bottom (at Rocky Bottom School House), Flat Rock. 

1900, XXIII, 373; 1909, XXVI, 69. 

Richland. — In the County of Richland there shall be voting places as follows : 
In the Upper Township, Slighs, Taylor's Store, Killians, \\^ayside, at or near 
AVayside School House ; in Center Township, Fairmount, at or near Fairmount 
School House or the railroad ; Davis, at or near William Thomas' residence ; 
Plorrell Hill, at Morrell's Store ; Garner, Midway ; in Lower Township, Eastover, 
Gadsden, Hopkins ; in Columbia Township, Olympia, on public road known as 
Bluff Road, at or near store of S. I. Riley ; Waverly, at or near the fork of the 
Rice Creek Spring and Camden Roads ; Eau Claire, Shandon ; and in the city of 
Columbia, Ward 1, Ward 2, Ward 3, Ward 4, and Ward 5. 

1900, XXIII, 373; 1909, XXVI. 69. 

SALun.v. — In the County of Saluda there shall be voting places as follows : Sa- 
luda, Fruit Hill, at Fruit Hill Postofiice : May's Cross Roads ; Big Creek, at Big 



§230] OF SOUTH CAROLINA. ' 91 

Creek Postoffice; Ellis' Store, Perry's Cross Roads, Denny's Cross Roads, Mount 
Willing, Holsten's Cross Roads, Ridge Spring, Wards, Richland Church, Kinard's 
Store, Kairview School House, Holly's, at J. N. C. Fulmer's Store; Dupont, at 
Geo. W. Bowers' residence, and Rushton Store. 
1900, XXIII, 373; 1906, XXV, 131. 

Spartanburg. — In the County of Spartanburg there shall be voting places as 
follows : Antioch, Ardella, Arrowwood, Arlington, Arkright, Roebuck, Beau- 
mont, Bishop, BoiHng Springs, Brannon, Campton, Campobello, Cannon's Camp 
Ground, Cashville, Gavins, Cherokee, Chesnee, Clifton No. 1, Clifton No. 2, Clif- 
ton No. 3, Crescent, Cowpens, Cross Anchor, Duncan, DeYoung's Store, Enoree, 
Fair Forest, Fairview, Fairmount, Fingerville, Grambling, Glendale, Glenn 
Springs, Green Pond, Golightly, Hobbey's, Hebron, Holly Springs, at Bruce's 
Store ; Inman, Landrum, McDowell, Moore, Motlow's Creek, McKelvey's, New 
Prospect, Pacolet, Pacolet Mills (within five hundred yards of Company's Store), 
Paris, Pellam, Pauline, Popea Springs, Reidville, Rich Hill, Saxon Mills, Spartan 
Mills, Switzer, Swain, Spartanburg No. 1, Spartanburg No. 2, Spartanburg No. 
3, Spartanburg No. 4, Spartanburg No. 5, Spartanburg No. 6, Trough, Tucapau, 
Vallev Falls, Victor Mills, Walnut Grove, Wellford, Whitney, Woodruff, Wood's 
Chapel, Berry's, at Berry's Postoffice, Mount Olive, Brooklyn, Inman Mills, Ar- 
cadia Mills, Drayton Mills, Dutchman, at Brown's Store, Cedar Springs, at 
School House, Mary Louise Mills, Cooly Springs, in Cherokee Township, at 
S. M. Lee's Store and Zion Hill. 

1900, XXIII, 373; 1910. XXVI, 769; 1911. XXVII, 117. 

Sumter. — In* the County of Sumter there shall be voting places as follows : 
Sumter Court House No. 1 (situated in Ward 1 of the City of Sumter), Sum- 
ter Court House No. 2 (situated in Ward 2 of the City of Sumter), Sumter 
Court House No. 3 (situated in Ward 3 of the City of Sumter), Sumter Court 
House No. 4 (situated in Ward 4 of the City of Sumter), Statesburg, Provi- 
dence, Rafting Creek, Oswego, Mayesville, Shiloh, Concord, Privateer Station, 
Wedgefield and Bloomhill, in Manchester Township. 

1900, XXIII, 373; 1906, XXV, 132. 

Union. — In the County of LTnion there shall be voting places as follows : 
Union Court House, Cross Keys, Blackrock, Carlisle, Santuc, Adamsburg, Kel- 
ton, Jonesville, Gibbs, Coleraine, West Springs, and Lockhart Mills, to be located 
within five hundred yards of the factory : one at Bufifalo Mills, Bogansville 
Township ; one at Monarch Mills, LTnion Township, and one to be known as 
the "Knitting Mill," to be located at the Excelsior Knitting Mill in the town 
of Union. 

1900, XXIII, 374; 1904, XXIV, 512. 

Williamsburg. — In the County of Williamsburg there shall be voting places 
as follows : Trio, Earle's, Sultan, Gourdin's, Greelyville, Salter's, Kingstree, 
Cedar Swamp, Cades, Morrisville, Vox, McAllister's Mill, Hebron Church, In- 
dian Town, Lake City, Muddy Creek, Scranton, Prospect Church, Poplar Hill, 
Taft and Bloomingdale. 

1893, XXI, 427; 1908, XXV, 1062. 

York. — In the County of York there shall be voting places as follows : York- 
ville. Hickory Grove, Piedmont, at Piedmont School House, Bethany, Forest 
Hill Academy, Fort Hill, Rock Hill, Coates' Tavern, Ogden, at Ogden's School 
House, in Bethesda Township, McConnellsville, Blairsville, Bullock's Creek, at 
Good's Store, Bethel, Clover, Newport, Sharon, Tirzah, Smyrna, Ebenezer, Ara- 
gon Cotton Mills. 

1909, XXVI. 70. 

§ 230. When Registration Certificates May Be Changed. — The Super- 
visor of Registration for the several Counties named in Section 229 are hereby 



92 



CIVIL CODE 



[ §§ 231-232 



authorized and required to exchange the registration of such electors as may 
apply for that purpose from other voting places to the voting places established 
hy Section 229 wherever it shall appear to them that the elector so applying 
resides within a reasonable distance from the same. 
Civ. "02, § 204. 



CHAPTER X. 

The Manner of Conducting- Elections and Returning Votes. 

Article 1. The General Election — Commissioners and ^Managers of Elec- 
tion, 92. 

Article 2. Formation and Proceedings of the Board of County Can- 
vassers, 95. 

Article 3. Formation and Proceedings of the Board of State Canvass- 
ers, 97. 



ARTICLE 1. 
The General Election — Commissioners and Managers of Election.^ 

Sec. 



336. Description of ballot. 

237. Officers to be voted for. 

338. Boxes to be provided — Description 

and labeling — Arrangement of 

polls. 
239. Managers to require evidence of 

payment of taxes. 

340. Duties of clerk. 

341. Counting of ballots — Returns to 

Commissioners of Elections. 



Sec. 
231. Stale elections — When and where 

held. 
333. Commissioners and managers of 

elections — How appointed — 

Oaths. 

333. Managers may appoint a clerk — 

Organization. 

334. Polls — When opened. 

335. State constables to preserve order 

— Places for sale of liquors 
closed. 

§ 231. State Elections — When and Where Held. — General elections 
for Federal, State and County officers in this State shall be held on the first 
Tuesday following the first Monday in November, one thousand eight hundred 
and ninety-six, and in every second year thereafter, and at such voting places 
as have been or may be established by law^ ; and all general or special elections 
held pursuant to the Constitution of the State shall be regulated and conducted 
according to the rules, principles and provisions herein prescribed.^ 

Civ. '03, § 305; G. S. 107; R. S. 163; 1896, XXII, 39, § 1. 

§ 232. Commissioners and Managers of Elections — How Appointed — 
Oaths. — For the purpose of carrying on such election, it shall be the duty of the 
Governor, and he is hereby authorized and empowered, at least thirty days prior 
to any such election, to appoint for each County three Commissioners of Election 
for Governor, Lieutenant-Governor, State officer. Circuit Solicitors, members of 
the General Assembly and County officers, and three other Commissioners of 
Election for Presidential Electors and members of Congress, or either of said 
officers, who shall continue in office until their successors are appointed and 
qualified. The Commissioners of Election for State and County officers shall 
appoint three Managers of Election for such officers ; and the Commissioners of 
Election for members of Congress and Presidential Electors, or either of said 



1. For violation of election law, see Criminal 
Code, § 359 to 376. 

2. School Commissioner is a State officer, and 
to be elected at general election. Pettigrew v. 
Bell, 34 S. C. 104, 12 S. E. 1023. So is the 
Clerk of the Court of Common Pleas. William 
z: Ostendorff, MS. Dec., 1877; State v. Sims, 18 
S. C. 463. 



Special elections. Wilson v. Cox, 73 S. C. 401, 
53 S. E. 613. Court will not enjoin a special elec- 
tion when parties have adequate remedy by con- 
test before Board of Canvassers and no property 
rights are involved. Little r. Barksdale, 81 S. C. 
392, 63 S. E. 308. 



§§233-236] OF SOUTH CAROLINA. ' 93 

officers, shall appoint three other Managers of Election for said officers for each 
polling place at each election precinct of the County for which they shall respect- 
ively be appointed, and none of said officers shall be removed from office except 
for incompetence or misconduct. The said Commissioners and Managers shall 
take and subscribe, before any officer authorized to administer oaths, the oath 
of office prescribed by Section 20 of Article II of the Constitution, and the 
oath with respect to dueling, and the same shall be immediately filed in the office 
of the Clerk of the Court of Common Pleas of the County in which said Com- 
missioners and Managers shall be appointed, or, if there be no such Clerk, in the 
office of the Secretary of State. ^ 

Civ. '02, § 206; G. S. 108; R. S. 163; XXII, 29, § 2. 

§ 233. Managers May Appoint a Clerk — Organization. — The Man- 
agers may appoint a clerk to assist them in their duties, who shall take the oath 
of office prescribed by Section 30 of Article II of the Constitution, and the 
oath with regard to dueling, before the Chairman of the Board of Managers. The 
Commissioners and Managers at their first meetings, respectively, shall proceed 
to organize as a Board by appointing one of their number Chairman of the 
Board ; and such Chairman, in each instance, is empowered to administer oaths. 

Civ. '02, § 207; XXII, 30, § 3. 

§ 234. Polls — When Opened. — The polls shall be opened, at such voting 
places as shall be designated, at 7 o'clock in the forenoon, and close at 4 o'clock 
in the afternoon of the day of election, except in the City of Charleston, where 
the closing hours shall be 6 o'clock, and shall be kept open during those hours 
without intermission or adjournment; and the Managers shall administer to each 
person offering to vote an oath that he is qualified to vote at this election, ac- 
cording to the Constitution of this State, and that he has not voted during this 
election.^ 

Civ. '02, § 208; G. S. Ill; R. S. 166; XXII, 30, § 4. 

§ 235. State Constables to Preserve Order — Places for Sale of Liq- 
uors Closed. — The Deputy State Constables and other peace officers of each 
County are required to be present during the whole time that the polls are open, 
and until the election is completed ; they shall prevent all interference with the 
Managers, act under their direction, and see that there is no interruption of 
good order. If there should be more than one voting place in any County, the 
State Constable is empowered and directed to make such assignment of his depu- 
ties and other peace officers to such polling places as may, in his judgment, 
best subserve the purposes of quiet and order. All bar rooms, saloons and other 
places for the sale of liquors by retail shall be closed at 6 o'clock of the evening 
preceding the day of such election, and remain closed until 6 o'clock in the 
morning of the day thereafter, during which time the sale of intoxicating liquors 
is prohibited. And in case all of the Managers shall fail to attend at the time 
and place appointed for holding such poll, or shall refuse or fail to act, or in case 
no Manager has been appointed for such poll, it shall be lawful for the voters 
present at the precinct voting place on that day to appoint from among the 
qualified voters of such precinct the Managers to act as Managers in the place 
and stead of the absent Managers, and any one of the Managers so appointed 
shall administer the oath to the other Managers : Provided, That in case the 
legally appointed Managers attend in a reasonable time, they shall take charge of 
and conduct the election. 

Civ. '02, § 209; G. S. 113; R. S. 167; XXII, 30, § 5. 

§ 236. Description of Ballot. — The voting shall be by ballot, which ballot 

3. Commissioners for State and county elections new counties. Segars '■. Parrott, 54 S. C. 1, 31 
proper officers to arrange for special elections un- S. E. 677, 865. 

der dispensary law. State v. Jennings, 79 S. C. The provision as to administering the oath is 

246. 60 S. E. 699. directory mereh^ State v. State Board of Can- 

4. Managers in receiving votes act ministerially. vassers, 86 S. C. 451, 460, 68 S. E. 676. 
State i\ Bruce, 3 Brev. 271. See elections for 



94 CIVIL CODE [ §§ 237-2^S 

shall be of plain white paper two and a half inches wide by five inches long, 
clear and even cut, without ornament, designation, mutilation, symbol or mark 
of any kind whatsoever except the name or names of the person or persons 
voted for and the office to which such person or persons are intended to be 
chosen, which name or names, office or officers, shall be written or printed, or 
partly written or partly printed, thereon in black ink ; and such ballot shall be so 
folded as to conceal the name or names thereon, and, so folded, shall be de- 
posited in a box to be constructed, kept, and disposed of as hereafter provided; 
and no ballot of any other description found in any election box shall be counted.^ 
Civ. "02. § 210; G. S. 115; R. S. 169: XXII, 31, § 6. 

§ 237. Officers to Be Voted for. — There shall be separate and distinct 
ballots for the following officers, to wit: 1. Governor and Lieutenant-Governor. 
2. Other State officers. 3. Circuit Solicitor. 4. State Senator. 5. Members of 
the House of Representatives. 6. County officers. 7. Representatives in Con- 
gress. 8. Presidential electors; on which shall be the name or names of the 
person or persons voted for as such officers, respectively, and the office for 
which they are voted. Whenever a vote is to be taken on any special question 
or questions a box shall be provided, properly labeled for that purpose, and the 
ballots therefor on such question or questions shall be deposited therein. 
Civ. -02, § 211; G. S. 116; R. S. 170; XXII, 31, § 7. 

§ 238. Boxes to Be Provided — Description and Labeling — ^Arrange- 
ment of Polls. — The Commissioners of Election shall provide for each voting 
place a sufficient number of boxes to meet the requirements of the foregoing- 
Section. In any case in which a voting precinct may form part of more than 
one Congressional District, if no other provision be made by law, the Commis- 
sioners of Election for the County in which such precinct is situated shall pro- 
vide therefor separate boxes for every Congressional District within which the 
said precinct may be, and each voter at such precinct shall deposit his ballot for 
members of Congress in the box provided for the Congressional District within 
the limits of which he may reside. An opening shall be made in the lid of each 
box not larger than sufficient for a single ballot to be inserted therein at one time, 
through which each ballot received proper to be placed in such box shall be in- 
serted by the person voting, and by no other. Each box shall be provided with 
a sufficient lock, and shall be publicly opened and inspected, to show that it is 
empty and secure, and locked just before the opening of the poll. The keys shall 
be returned to the Managers, and the box shall not be opened during the elec- 
tion. Each box shall be labeled in plain and distinct Roman letters, with the 
office or officers voted for, and the ^Managers, on the demand of the voter, sliall 
be required to read to him the names on the boxes. At each precinct a space 
or enclosure, such as the Managers of Election shall deem fit and sufficient, shall 
be railed off or otherwise provided with an opening at one end or side for the 
entrance of the voter, and an opening at the other for his exit, as a voting place 
in which to hold the election for the State, Circuit, County and Federal offices. 
And the ballot box shall be so located as to be in view of persons outside of 
the polling place during the time of voting. A similar, but separate and distinct 
space or enclosure shall be railed off or otherwise provided, as a voting place 
for the election of Congressmen and Presidential Electors, at such distance from 
the polling place for State officers as the Commissioners of Election for each 
County shall determine and appoint for each election precinct. But one voter 
shall be allowed to enter any voting place at a time, and no one except the Man- 
agers shall be allowed to speak to the voter while in the voting, place casting 
his vote.^ 

Civ. '02, § 212; G. S. 117; R. S. 171; XXII, 31, § 8. 

5. Directions as to form of ballot are mandatory. 14 L. R. A., N. S., 850, 13 Am. & Eng. Ann. 

Ex parte Riggs, 52 S. C. 298. 29 S. E. 645. Cas. 1133. 

Secrecy of the ballot is essential. State -'. State 6. Provisions as to railing off places for voters 

Board of Canvassers, 78 S. C. 461, 59 S. E. 145, to stand, permitting only one voter to stand therein 



§§239-242] OF SOUTH CAROLINA. ^ 95 

§ 239. Managers to Require Evidence of Payment of Taxes. — The 

Managers of Election shall require of any elector offering to vote at any elec- 
tion, before allowing him to vote, in addition to the production of a registration 
certificate, proof of the payment of all taxes, including poll tax, assessed against 
him and collectible during the previous year. The production of a certificate or 
of the receipt of the officer authorized to collect such taxes shall be conclusive 
proof of the payment thereof.' 

Civ. '02, § 213; 1896, XXII, 32, § 9. 

§ 240. Duties of Clerk. — Each clerk of the poll shall keep a poll list, 
which shall contain one column headed "Names of Voters," and the name of each 
elector voting shall be entered by the clerk in such column. 
Civ. '02, § 214; G. S. 118; R. S. 172; 1896, XXII, 33, § 10. 

§ 241. Counting of Ballots — Returns to Commissioners of Elections. 

— At the close of the election the Managers and clerk shall immediately proceed 
publicly to open the ballot box and count the ballots therein, and continue such 
count, without adjournment or interruption, until the same is completed, and 
make such statement of the result 'thereof, and sign the same as the nature of 
the election shall require. No ballot shall be counted upon which there shall 
appear the name of an ofifice or the name of a person in connection with an 
ofifiice other than that for which the box in which such ballot is found shall be des- 
ignated and labeled. If, in counting, two or more like ballots shall be found 
folded together compactly, only one shall be counted ; the other must be de- 
stroyed ; but if they bear different names, all must be destroyed and none counted. 
If more ballots shall be found on opening the box than there are names on the 
poll list, all the ballots shall be returned to the box afnd thoroughly mixed to- 
gether, and one of the Managers, or the clerk, shall, without seeing the ballots, 
draw therefrom and immediately destroy as many ballots as there are in excess 
of the number of names on the poll list. Within three days thereafter the Chair- 
man of the Board of Managers, or one of them, to be designated in writing by 
tlie Board, shall deliver to the Commissioners of Election the poll list, the boxes 
containing the ballots and a written statement of the result of the election in 
his precinct. 

Civ. '02, § 215; G. S. 119; R. S. 173; XXII, 33, § 11. 



ARTICLE 2. 

Formation and Proceedings of the Board of County Canvassers.^ 

Sec. _ Sec. 

342. Commissioners to meet at County 246. Three other separate statements 

seat and organize as Board of to be prepared. 

County Canvassers. 247. Returns to be forwarded to Gov- 

243. Canvass of votes — Protests — Sta'ce- ernor and Secretary of State by 

ments and returns. Managers. 

244. Duplicate statements to be made 248. Pay of election officers — Other 

and filed with Clerk of county. expenses of elections. 

245. Separate statements of votes cast 

for each candidate. 

§ 242. Commissioners to Meet at County Seat and Organize as 
Board of County Canvassers. — The Commissioners of Election for Gov- 

at one time, permitting no one to speak to the ,8. Elections for new counties are governed by 

elector while voting except managers, placing elec- this article. State ex rel. Martin v. Moore, 54 S. 

tion box so that the public may see it, are di- C. 556, i2 S. E. 700. An election will not be 

rectory and should be observed, but violation in set aside because of illegal votes cast which do 

absence of fraud or, unless it appears result was not affect the result or even render it doubtful, 

affected, not violation. State v. State Board of State ex rel. Birchmore v. Board of Canvassers, 

Canvassers, 86 S. C. 451, 460, 68 S. E. 676. 78 S. C. 461, 59 S. E. 145, 14 L. R. A., N. S., 

7. Presentation of registration certificate and 850; State ex rel. Welch v. Board of Canvassers, 

proof of payment of taxes is mandatory. -Wright 79 S. C. 248, 60 S. E. 699; State ex rel. Parler 

Vv ^^% Board of Canvassers, 76 S. C. 574, 591, v. Jennings, 79 S. C. 414, 60 S. E. 967. 
57 S. E. 536. 



96 CIVIL CODE [ §§ 243-246 

ernor, Lieutenant-Governor, State officers, Circuit Solicitor, members of the Gen- 
eral Assembly, and County officers, or either of said officers, shall meet in some 
convenient place at the County seat on the Tuesday next following the election, 
before 1 o'clock in the afternoon of that day, and shall proceed to organize as, 
and shall be, the County Board of Canvassers. They may appoint some com.- 
petent person as Secretary. The Chairman shall then proceed to administer the 
constitutional oath to each member of the Board, as Canvassers ; and shall ad- 
minister the constitutional oath to the Secretary, and the Secretary shall ad- 
minister to the Chairman the same oath that he shall have administered to the 
other members of the Board. The Commissioners of Election for members of 
Congress and Presidential Electors, or either of said officers, shall likewise 
meet at the same time at its County seat, and shall in like manner proceed to or- 
ganize as and shall be the Countv Board of Canvassers for the election of the 
Federal officers aforesaid.^ 

Civ. '02, § 216; G. S. 120; R. S. 174; 1882, XVII, 1119. 

§ 243. Canvass of Votes — Protests — Statements and Returns. — The 

said Board of County Canvassers, respective;ly, shall then proceed to convass the 
votes of the County. When townships, or parts of townships of any County may 
not be in the same Congressional District, the proper Board of County Can- 
vassers of such County, in canvassing the votes for Representative in Congress, 
shall report separately the result of the votes of such township, or parts of town- 
ships, for the Congressional District to which they respectively belong. The said 
Boards, respectively, shall have the power, and it is hereby made their duty as 
judicial officers to decide all cases under protest or contest that may arise, sub- 
ject to appeal to the Board of State Canvassers. They shall make such state- 
ments of the votes of the County as the nature of the election shall require, 
within ten days from their first meeting as a Board of County Canvassers, and 
shall transmit to the Board of State Canvassers any protest and all papers relat- 
ing to the election.^*' 

Civ. '02, § 217; G. S. 121; R. S. 175; 1882, XVII, 1119, 1170, 1172, § 3. 

§ 244. Duplicate Statements to Be Made and Filed with Clerk of 
County. — Duplicate statements shall be made and filed in the office of the Clerk 
of the County ; and, if there be no such Clerk, duly qualified according to law, 
then in the office of the Secretary of State. 

Civ. '02. § 218: G. S. 122; R. S. 176; 1882, XVII, 1119, 1170. 1172, § 3. 

§ 245. Separate Statements of Votes Given for Each Candidate. — 

They shall make separate statements of the whole number of votes given in such 
County for Representatives in Congress ; and separate statements of all other 
votes given for other officers. Such statements shall contain the names of the 
persons for whom such votes were given, and the number of votes given for 
each, which shall be written out in words at full length. 

Civ. '02, § 319; G. S. 123; R. S. 177; 1882, XVII, 1119, 1170, 1172, § 3. 

§ 246. Three Other Separate Statements to Be Prepared.^There 

shall be prepared by the Commissioners three separate lists of each statement, 
besides the lists to be filed in the office of the County Clerk, or Secretary of 
State, and each list shall be certified to as correct by the signatures of the Com- 
missioners, subscribed to such certificate. 

Civ. '02, § 220; G. S. 124; R. S! 178; 1882, XVII, 1119, 1170, 1172, § ?, 

9. Segars v. Parrott, 54 S. C. 1, 31 'S. E. (->77. Board may receive secondary evidence of bal- 

10. Segars v. Parrott, 54 S. C. 1, 31 S. E. 677. lots and returns lost or destroyed. lb. 

Duty of county canvassers. State v. Chairman They act judicially, and decision conclusive un- 

County Canvassers, 4 S. C. 485. til reversed. State 7'. Rruce. 3 Brev. 264: State 

Majority, a quorum sufficient. State v. De- v. DeLeisselne, supra: State v. Cockrell, 2 Rich. 

Ivcisselne, 1 McC. 52. 6: State v. Walker, 5 S. C. 265. 

But single member cannot act as Board. State An appeal lies from the County Board of Can- 

V. Nerland, 7 S. C. 24). vassers to State Board. State ex rel. Martin v. 

Moore, 54 S. C. 556, 32 S. E. 700. 



§§247-249] OF SOUTH CAROLINA. ' 97 

§ 247. Returns to Be Forwarded to Governor and Secretary of State 
by Managers. — After the final adjournment of the Board of County Can- 
vassers, and within the time prescribed in this Chapter, the Chairman of said 
Board shall forward, addressed to the Governor and Secretary of State, one 
copy by mail and one copy by express, the returns, poll list and all papers ap- 
pertaining to the election. 

Civ. '02, § 231; G. S. 125; R. S. 179; 1883, XVII, 1119, 1170, 1172, § 3; 1905, XXIV, 
960. 

§ 248. Pay of Election Officers — Other Expenses of Elections. ^ — Each 
Commissioner and Manager of Election shall receive for his compensation one 
dollar per day for his services while actually employed, and five cents per mile 
for necessary travel; each Clerk of the Commissioners, and of the Managers, 
respectively, shall receive one dollar per day while actually employed ; but no 
Commissioner, Manager or Clerk shall receive pay for more than three days. 

The messengers designated by any of the Boards of Commissioners, under 
existing laws, to carry the ballots and reports of the Commissioners of Election 
from the several Counties to the city of Columbia, or elsewhere, according to 
law, shall each receive five dollars and mileage at the rate of five cents for 
every mile traveled on the most direct route. 

Notices of election published in any public gazette or County newspaper by 
authority of the proper Board of Election Commissioners, as required by law, 
shall be paid for at the rates prescribed by law for legal notices. 

To defray the expenses designated herein, the Comptroller-General shall draw 
his warrant on the State Treasurer in favor of such Commissioners of Election, 
Manager of Election, Clerk of Commissioners or Managers, messenger and pro- 
prietor or printer of said gazette, for the amount of compensation to which he 
may be entitled ; the same to be paid by the Treasurer out of any balance that 
may be in the Treasury. 

The County Commissioners of the several Counties shall audit and pay all 
accounts for necessary expenses incurred by the Commissioners and Managers of 
Election for stationery, the making of election boxes, rents and similar expenses 
in elections held in this State. 

Civ. '02, § 222; G. S. 126, 152; R. S. 180; 1882, XVII, 1100; XVIII, 260. 



ARTICLE 3. 
Formation and Proceedings op the Board oe State Canvassers. 
Sec. Sbc. 

249. Meeting of State Canvassers. 256. How election of Governor may be 

250. Who constitute the Board — Quo- contested. 

rum. 257. Secretary of State to record result 

251. When no quorum President of of canvass. 

Senate attends and acts. 258. To furnish copy of each ^determi- 

252. Board to make statement of votes nation to person declared elected 

cast for each candidate and cer- and to Governor. 

tify same. 259. To print statements in public 

253. Certificate of determination deliv- newspapers. 

ered to Secretary of State. 260. To send certificate of election of 

254. Board declares what persons Member of Congress to House 

elected, and decides contested of Representatives. 

cases on appeal. 261. To keep record of county officers 

255. May adjourn from day to day for elected. 

fifteen days. 

§ 249. Meeting of State Canvassers. — The Secretary of State shall ap- 
point a meeting of the Board of State Canvassers, to be held at his office, or 

S C C— 7 



98 CIVIL CODE [ §§ 250-255 

some convenient place, within ten days next after such general election, for the 
purpose of canvassing the votes for all offices voted for at such election. 
Civ. '02, § 233; G. S. 127; R. S. 181; 1882, XVII, 1120, § 40. 

§ 250. Who Constitute the Board — Quorum The Secretary of State, 

Comptroller-General, Attorney-General, State Treasurer, Adjutant and Inspector 
General and the Chairman of the Committee on Privileges and Elections of 
the House of Representatives, shall constitute the Board of State Canvassers — 
four of whom shall be a quorum. 

Civ. '02, § 224; G. S. 128; R. S. 182; 1882, XVII, 1120, § 41. 

§ 2 51. When No Quorum, President of Senate Attends and Acts.— 

If a majority of these officers shall be unable or shall fail to attend, the Presi- 
dent of the Senate, on being notified by the Secretary of State, shall attend, 
without delay, and with the officers attending shall form a Board. 
Civ. '02, § 225; G. S. 129; R. S. 183; 1882, XVII, 1120, § 42. 

§ 2 52. Board to Make Statement of Votes Cast for Each Candidate 
and Certify Same. — The Board when thus formed shall, upon the certified 
copies of the statements made by the Boards of County Canvassers, proceed to 
make a statement of the whole number of votes given at such election for the 
various officers, and for each of them voted for, distinguishing the several Coun- 
ties in which they were given. They shall certify such statements to be correct, 
and subscribe the same with their proper names. 

Civ. '02, § 226; G. S. 130; R. S. 184; 1882, XVII, 1120, § 43. 

§ 253. Certificate of Determination Delivered to Secretary of State. 

— They shall make and subscribe, on the proper statement, a certificate of their 
determination, and shall deliver the same to the Secretary of State. ^^ 
Civ. '02, § 227; G. S. 113; R. S. 185; 1882, XVII, 1120, § 44. 

§ 2 54. Board Declares What Persons Elected, and Decides Con- 
tested Cases on Appeal. — Upon such statements they shall then proceed to 
determine and declare what persons have been, by the greatest number of votes, 
duly elected to such offices, or either of them. They shall have power, and it is 
made their duty as judicial officers, to decide all cases under protest or contest 
that may come before them on appeal from the decisions of the County Board 
of Canvassers. ^^ 

Civ. '02, § 228; G. S. 132; R. S. 186; 1882, XVII, 1120, 1172, § 3. 

§ 255. May Adjourn from Day to Day for Fifteen Days. — The Board 
shall have power to adjourn from day to day for a term not exceeding fifteen 
days. 13 

Civ. '02, § 229; G. S. 133; R. S. 187; 1882, XVII, 1172, § 4. 

11. Referred to. State v. Nerland, 7 S. C. 241. C. 574, 57 S. E. 536; State ex rel. Birchmore v. 

Such certificate void when based upon copies of Board of Canvassers, 78 S. C. 461, 59 S. E. 145, 

statements of County Board of Canvassers, certi- 13 Am. & Eng. Ann. Cas. 1133, 14 L. R. A., N. 

fied by one of the Board. State v. Nerlan-d, 7 S. S., 850 n. Power of Courts in elections. State 

C. 241. V. Alderman, 1 S. C. 30; Alexander v. McKen- 

13. Borfrd not an inferior Court; a special zie, 2 S. C. 81; Ex parte Carson, 5_ S. C. 117. 

tribunal to decide elections. Whipper v. Tal- Will not grant mandamus to alter decision. State 

bird, 32 S. C. 1, 10 S. E. 578. No appeal from. v. Bruce, 3 Brev. 264; Grier z\ Shackleford, 3 

Ex parte Mackey, 15 S. C. 322; Ex parte Whip- Brev. 491: State v. Sims, 18 S. C. 461; Ex parte 

per, 32 S. C. 5, 10 S. E. 579; Pettigrew v. Bell, Scarborough, 34 S. C. 13, 12 S. E. 666. But will 

34 S. C. 104; State ex rel. Welch v. Board of enforce ministerial duty of mandamus where no 

Canvassers, 79 S. C. 246, 248, 60 S. E. 699. appeal lies. Ex parte Mackey, 15 S. C. 335. 

Duties of. State v. Hayne, 8 S. C. 367; Ex Mandamus to compel member of Board to act. 

parte Mackey, 15 S. C. 335; Ex parte Elliott, 33 State v. Jones, 83 S. C. 432, 65 S. E. 444. The 

S. C. 602, 12 S. E. 423. Title to office does not action of the State Board of Canvassers can only 

depend upon their decision when not contested. be reviewed by the Courts under certiorari. Ex 

Ex parte Smith, 18 S. C. 516. When they de- parte Riggs, 52 S. C. 298, 29 S. E. 645; Segars 

cline to act or are equally divided on appeal, de- i'- Parrott, 54 S. C. 1, 31 S. E. 673, 683. The 

cision of County Board stands. State v. Walker, action of the County Board of Canvassers may be 

5 S. C. 263; Ex parte Elliott, supra. But in elec- reviewed on appeal to the 'State Board, and the 

tion of Senator their determination is subject to Court will not issue a writ of certiorari to review 

final decision of Senate. Ex parte Scarborougli, their action. State ex rel. Martin v. Moore, 54 

34 8. C. 13, 12 S. E. 666. Minute irregularity S. C. 556, 32 S. E. 700. 

does not invalidate election. State v. Harman, 13. See State 7\ State Board of Canvassers, 86 

Chev. 267; Wright v. Board of Canvassers, 76 S. S. C. 451, 454, 68 S. E. 676. 



§§ 256-261 ] OF SOUTH CAROLINA. ' 99 

§ 2 56. How Election of Governor May Be Contested. — In case of a 
contest of the election of Governor, if the General Assembly, by Concurrent 
Resolution, shall entertain the same, the Senate and House of Representatives 
shall, each separately, proceed to hear and de1:ermine the facts in the case, so 
far as they deem necessary, and decide thereon who is entitled to be declared 
elected. If the two branches of the General Assembly come to the same decision, 
they shall, by Concurrent Resolution, declare who is duly elected and entitled 
to enter upon and exercise the office of Governor; and such person thereupon 
shall, upon taking the oaths prescribed in the Constitution and the oath with 
respect to dueling, be inducted into office. If the two branches of the General 
Assembly do not come to the same decision, then an election shall be called by 
the Governor, to take place in not less than sixty nor more than ninety days, 
at which the qualified electors shall proceed to vote for a suitable person to fill 
the office of Governor. 

Const. Art. 4, § 4; Civ. "02. § 230; G. S. 134; R. S. 188; 1882, XVII, 1121, § 47. 

§ 257. Secretary of State to Record Result of Canvass. — The Secre- 
tary of State shall record in his office, in a book to be kept by him for that pur- 
pose, each certified statement and determination which shall be delivered to him 
by the Board of State Canvassers, and every dissent or protest that shall have 
been delivered to him by a canvasser. 

Civ. '02, § 231; G. S. 135; R. S. 189; 1882, XVII, 1121, § 48. 

§ 258. To Furnish Copy of Each Determination to Person Declared 
Elected and to Governor. — He shall, without delay, transmit a copy, under 
the seal of his office, of such certified determination to each person thereby de- 
clared to be elected, and a like copy to the Governor.^^ 

Civ. '02, § 232; G. S. 136; R. S. 190; 1882, XVII, 11^21, § 49. 

§ 2 59. To Print Statements in Public Newspapers. — He shall cause 
a copy of such certified statements and determinations to be printed in one or 
more public newspapers of this State. 

Civ. '02, § 233; G. S. 137; R. S. 191; 1882, XVII, 1121, § 50. 

§ 260. To Send Certificate of Election of Member of Congress to 
House of Representatives. — He shall prepare a general certificate, under the 
seal of the State, and attested by him as Secretary thereof, addressed to the 
House of Representatives of the United States in that Congress for which any 
person shall have been chosen, of the due election of such person as Represent- 
ative of this State in Congress, and shall transmit the same to the said House of 
Representatives at their first meeting. 

Civ. '02, § 234; G. S. 138; R. S. 192; 1882, XVII, 1121, § 51. 

§ 261. To Keep Record of County Officers Elected. — The Secretary 
of State shall enter in a book to be kept in his office the names of the respective 
County officers elected in this State, specifying the Counties for which they were 
severally elected, and their place of residence, the office for which they were 
respectively elected, and their term of office. 

Civ. '02, § 235; G. S. 139; R. S. 193; 1882, XVII, 1121, § 52. 

14. This certificate not the only evidence of a right to seat may be shown otherwise. State v. 
election to House of Representatives. If refused, Hayne, 8 S. C. 367. 



100 CIVIL CODE [ §§ 262-265 

CHAPTER XI. 

The Election of Representatives in Congress and Electors of President 

and 'Vice-President. 

ARTICI.E 1. Election of Representatives in Congress, 100. 

Article 2. Election of Electors of President and Vice-President, and forma- 
tion and proceedings of the Electoral College, 101. 



ARTICLE 1. 

EivECTioN oE Representatives in Congress. 

Sec. _ Sec. 

263. Representatives — How and when 264. Each District to elect one mem- 

chosen, ber of Congress. 

263. Congressional Districts. 265. Writs of election in case State Is 

given more representatives. 

§ 262. Representatives — How and When Chosen. — Representatives in 
the House of Representatives of the Congress of the United States shall be 
chosen at each general election in the several Congressional Districts by the 
qualified voters thereof. 

Civ. '02, § 236; G. S. 112; R. S. 194; 1882, XVII, 1117, § 25. 

§ 263. Congressional Districts. — The State is divided into seven Con- 
gressional Districts as follows : 

The First Congressional District shall be composed of the Counties of Charles- 
ton, Berkeley, Colleton, Dorchester and Clarendon. 

The Second Congressional District shall be composed of the Counties of Aiken, 
Bamberg, Barnwell, Beaufort, Edgefield, Saluda and Hampton. 

The Third Congressional District shall be composed of the Counties of Pickens, 
Oconee, Anderson, Abbeville, Greenwood and Newberry. 

The Fourth Congressional District shall be composed of the Counties of 
Laurens, Spartanburg, Greenville and Union. 

The Fifth Congressional District shall be composed of the Counties of Chero- 
kee, Chester, York, Fairfield, Kershaw, Chesterfield and Lancaster. 

The Sixth Congressional District shall be composed of the Counties of Marl- 
boro, Marion, Horry, Darlington, Florence, Williamsburg, Georgetown and 
Dillon. 

The Seventh Congressional District shall be composed of the Counties of Rich- 
land, Sumter, Orangeburg, Lexington, Lee and Calhoun.^ 

Civ. '02, § 237; G. S. 141; R. S. 195; 1882, XVII, 1169; 1893, XXI, 413; 1902, XXIII, 
977, 1197; 1908, XXV, 1283; 1910, XXVI, 867. 

§ 264. Each District to Elect One Member of Congress. — Until the 
next apportionment be made by the Congress of the LTnited States, each of the 
said Congressional Districts shall be entitled to elect one member to represent 
this State in the Congress of the United States. After such new apportion- 
ment by Congress, the General Assembly shall divide the State into as many 
Congressional Districts as the State is entitled to members in the House of 
Representatives. 

Civ. '02, § 238; G. S. 142; R. S. 196; amd. by 1882. XVII, 1122, § 5. 

§ 265. Writs of Election in Case State Is Given More Representa- 
tives. — In case the Congress of the United States shall by any new apportion- 
ment give to this State more than seven members of the House of Representa- 

1. See Section 238, ante, for provisions as to and Section 243, separate reports by County Can- 
separate Congressional boxes at border precincts, vassers. 



§§ 266-269 ] 



OF SOUTH CAROLINA. 



101 



tives, and the General Assembly shall not be in session, the Governor shall, 
by proclamation, issue writs of election for Congressmen at Large, one or 
more, as the case may be. 

Civ. '03, § 238; G. S. 142; R. S. 196; amd. by 1882, XVII, 1122, § 5. 



ARTICLE 2. 

Eive;ction ov- Electors oe President and Vice-President, and Formation 
AND Proceedings oe the Electoral College. 



Sec. 



Sec. 



266. Electors of President and Vice- 

President — How chosen. 

267. Certified copies of statement cf 

votes to be made, etc. 

268. How returns shall' be forwarded. 

369. Meeting of Board of State Can- 

vassers. 

370. Statement and determination ot 

Board. 
271. Certificates by Secretary of State 

— Messenger. 
273. Determination and certificate of 

Board to be published. 



273. Meeting of the Electors — Prelim- 

inary organization. 

274. Duties of Secretary of State. 

275. Permanent organization, vote by 

ballot, etc 

276. Certified lists of candidates voted 

for, and the vote for each. 

277. To appoint messengers to deliver 

lists — When and to whom. 

378. Duplicate lists — To whom for- 

warded and delivered. 

379. Compensation of Electors. 



§ 266. Electors of President and Vice-President — How Chosen. — 

When an election for President and Vice-President of the United States occurs 
there shall be elected, by general ticket, as many Electors of President and 
Vice-President as this State shall be entitled to appoint ; and each elector in this 
State shall have a right to vote for the whole number of such Electors ; and 
the several persons, to the number required to be chosen, having the highest 
number of votes shall be declared and deemed duly appointed Electors. ^ 
Civ. '02, § 339; G. S. 143; R. S. 197; 1882, XVII, 1123, § 56. 

§ 267. Certified Copies of Statement of Votes to Be Made, etc.^ 

The Commissioners of Election of each County shall make four certified copies 
of the statement of votes given for Electors, in their County : one of which 
copies shall be filed in the office of the Clerk of the County, if there be such 
Clerk duly qualified by law ; another of such copies they shall forthwith transmit 
to the Governor ; another to the Secretary of State ; and deliver the other as 
hereinafter directed. 

Civ. '02, § 240; G. S. 144; R. S. 198; XVII, 1123, § 57. 

§ 268. How Returns Shall Be Forwarded. — After the final adjourn- 
ment of the Commissioners of Election of each County, and within the time 
prescribed in this Chapter, the Chairman of said Board shall forward, addressed 
to the Governor and Secretary of State, one copy by mail and one copy by 
express, the returns, poll lists and all papers appertaining to the election. 

Civ. '02, § 241;' G. S. 145; R. S. 199; XVII, 1123, § 58; 1910, XXVI, 680. 

§ 269. Meeting of Board of State Canvassers. — The Board of State 
Canvassers shall meet at the office of the Secretary of State within ten days 
next after such election, to canvass the votes given for the Electors of President 
and Vice-President; and in case all the certified statements shall not have been 
received on that day, the Board may adjourn from day to day until the same 
shall have been received, not exceeding five days ; and if at the expiration of 
four days certified copies of the statements of the County Canvassers shall not 
have been received from any County, the Board shall proceed to canvass upon 
such of the said statements as shall have been received. 

Civ. '02, § 243; G. S. 146; R, S. 200; XVII, 1133, § 59. 



3. Electors derive authority from Constitution be determined by quo warranto in name of State, 
and laws of the United States; their title cannot State v. Bowen, 8 S. C. 400. 



102 CIVIL CODE [ §§ 270-276 

§ 270. Statement and Determination of Board. — The Board shall pro- 
ceed, in making a statement of all the votes, and determining and certifying the 
persons elected, in the manner prescribed by law in relation to the election of 
other officers. 

Civ. '02, § 243; G. S. 147; R. S. 201; XVII, 1123, § 60. 

§ 271. Certificates by Secretary of State — Messenger. — The Secre- 
tary of State shall, without delay, cause a copy, under the seal of his office, of the 
certified determination of the Board to be delivered to each of the persons therein 
declared to be elected; and for that purpose he may employ such and so manv 
messengers as he shall deem necessary. The messengers so employed shall re- 
ceive for their compensation twelve cents per mile for traveling, to be audited 
by the Comptroller-General upon the certificate of the Secretary of State. 
Civ. '02, § 244; G. S. 148; R. S. 202; XVII, 1123, § 61. 

§ 272. Determination and Certificate of Board to Be Published.^ 

The determination and certificate of the Board in relation to the choice of the 
Electors shall be published in the same manner as provided in relation to the 
certificates of the election of other officers. 

Civ. '02, § 245; G. S. 149; R. S. 203; XVII, 1123, § 62. 

§ 273. Meeting- of the Electors — Preliminary Organization. — The 

Electors of President and Vice-President shall convene at the capital, in some 
convenient place, on the second Monday in January next after their election ; and 
those of them who shall be assembled at 11 o'clock in the forenoon of that day 
shall, immediately after that hour, proceed to' a preliminary organization and 
make such preliminary arrangements as may be necessary for permanent organi- 
zation and the casting of the electoral vote of the State. 

Civ. '02, § 246; G. S. 153; R. S. 204; 1882, XVII, 1124, § 66; 1885, XIX, 25, § 1; 
1889, XX, 365. 

§ 274. Duties of Secretary of State. — The Secretary of State shall pre- 
pare three lists of the names of the Electors, procure to the same the signature of 
the Governor, affix thereto the seal of the State, and deliver them, thus signed 
and sealed, to the President of the College of Electors on the said second J\Ion- 
day in January. 

Civ. '02, § 247; G. S- 154; R. S. 205; 1882, XVII, 1124, § 67; 1889, XX, 365. 

§ 275. Permanent Organization, Vote by Ballot, etc. — On the said 
second Monday in January, at 12 o'clock M., the Electors shall meet at some 
convenient place at the capital and efifect a permanent organization by the elec- 
tion of a President and Secretary from their own body, proceed to fill by ballot 
and by plurality of votes all vacancies in the Electoral College occasioned by the 
death, refusal to serve, or neglect to attend at that hour, of any Elector, or oc- 
casioned by an equal number of votes having been given for two or more candi- 
dates for Presidential Electors, and then and there vote by ballot for President 
and Vice-President, one of whom at least shall not be an inhabitant of the same 
State with themselves. They shall name in their ballots the persons voted for as 
President, and, in distinct ballots, the persons voted for as Vice-President. 

Civ. '02, § 248; G. S. 155; R. S. 206; XVII, 1124, § 68; XX, 365. 

§ 276. Certified Lists of Candidates Voted for and the Vote for 
Each. — They shall make distinct lists of all persons voted for as President, 
and of all persons voted for as Vice-President, and of the number of votes for 
each, which lists they shall sign and certify ; and, after annexing thereto one of 
the lists received from the Secretary of State, they shall seal up the same, certi- 
fying thereon that lists of the votes of this State for President and \'ice-Presi- 
dent are contained therein. 

Civ. '02, § 249; G. S. 156; R. S. 207; 1882, XVII, 1124, § 69. 



§§277-281] OF SOUTH CAROLINA. ^ 103 

§ 277. To Appoint Messenger to Deliver Lists — When and to Whom. 

— The Electors shall then, by writing, under their hands, or under the hands 
of a majority of them, appoint a person to take charge of the lists so sealed up, 
who shall deliver the same to the' President of the Senate of the Congress of the 
United States, at the seat of government, before the second Wednesday in Feb- 
ruary then next ensuing. 

In case there shall be no President of the Senate at the seat of government on 
the arrival of the person entrusted with the lists of the votes of the Electors, 
then such person is required to deliver the lists of the votes in his custody into 
the office of the Secretary of State of the United States. 

Civ. '03, § 250; G. S. 157; R. S- 208; 1882, XVII, 1125, XX, 365. 

§ 278. Duplicate Lists — To Whom Forwarded and Delivered. — The 

Electors are also required to forward forthwith, by the postoffice, to the Presi- 
dent of the Senate of the United States, at the seat of government, and to de- 
liver forthwith to the Judge of the United States for the District of South Caro- 
lina, and to the Secretary of State, to be filed in his office, similar lists signed, 
annexed, sealed up, and certified in the manner aforesaid. 
Civ. '02, § 251; G. S. 158; R. S. 209; 1882, XVII, 1125, § 70; 1885, XTX, 27. 

§ 279. Compensation of Electors. — Every Elector of this State for the 
election of a President and Vice-President of the United States who shall at- 
tend at any election of those officers, and give his vote at the time and place ap- 
pointed by law, shall be entitled to receive for his attendance at such election and 
for traveling to and from his place of residence by the most usual route, the 
same sum as shall at the time be allowed by law to members of the General As- 
sembly for their attendance and travel, to be paid in like manner. 

Civ. '02, § 252; G. S. 159; R. S. 210; 1882, XVII, 1125, § 73. 



CHAPTER XII. 

Election of County Officers. 

Sec. Sec. 

280. General election for county offi- 281.' Vacancies in County offices — How 

cers — When held. filled. 

§ 280. General Election for County Officers — When Held. — There 
shall be a general election for the following County officers, to wit : County Su- 
pervisors and County Superintendents of Education held in each County at 
every general election for members of the House of Representatives, except in 
those Counties in which the term of office of the County Superintendent of Edu- 
cation and County Supervisor is four years ; and for the election of Sheriff, 
Coroner and Clerk of the Court of Common Pleas, at every alternate general 
election, reckoning from the year one thousand eight hundred and eighty-eight, 
except as to the Counties of Berkeley and Cherokee, and except for Sheriff and 
Coroner in Hampton County. 

The Probate Judge in every County, and the Clerk of Court in Berkeley and 
Cherokee Counties, and the Sheriff and Coroner in Berkeley, Cherokee and 
Hampton Counties, shall be elected at every alternate general election, reckon- 
ing from the year one thousand eight hundred and ninety.^ 

Civ. '02, § 253; G. S. 160; R. S. 211; 1882, XVII, 1125, § 74; Gen. St., §§ 642, 701; 
1885, XIX, 144; amd. 1889, XX, 281. 

§ 281. Vacancy in County Offices — How Filled. — In the event of a 

1. Clerk is a State officer within meaning of So is School Commissioner (now County Super- 
Constitution, Art. XIV, Sec. 10; and his term is intendent of Education), and his term is so lim- 
limited to next general election. Williams v. Osten- ited. Pettigrew v. Bell, 34 S. C. 104, 12 S. EJ. 
dorf, MS. Dec. 1877; State v. Sims, 18 S. C. 463. 1023. 



104 CIVIL CODE [ §§ 282-283 

vacancy at any time in any of the offices of any County of the State, whether 
from death, resignation, disquahfication, refusal or neglect to qualify of the per- 
son elected or appointed thereto, expiration of the term of office, removal from 
the County or from any other cause, the Governor shall have full power to ap- 
point some suitable person, who shall be an elector of the County, and, upon 
duly qualifying according to law, shall be entitled to enter upon and hold the 
office to which he has been appointed if it be an elective office, until the next 
general election, when an election shall be held to fill the unexpired term, and 
the officer so appointed or elected shall hold said office for the term of said elec- 
tion or appointment, and until his successor shall qualify; and if it be an office 
which was filled originally by appointment, until the adjournment of the Gen- 
eral Assembly at the regular session next after such appointment; and shall be 
subject to all the duties and liabilities incident to said office during the term of 
his service therein. ^ 

Civ. '02, § 354; G. S. 161; R. S. 212; 1882, XVIII, 375; amd. 1899, XXIII, 84. 



CHAPTER XIII. 

Primary Elections. ^ 

Sec. _ Stc. 

282. Regulation of primary elections — 284. Time, place and mode of election 

Oath of managers — Oaths to be — Return of managers. 

filed. 285. Appointment of watchers — Regis- 

283. Duties of managers — Poll list — tration — Filing lists and fur- 

Administer oath — Declare re- nishing copies — Publication of 

suit. lists. 

§ 282. Regulation of Primary Elections — Oath of Managers — Oaths 
to Be Filed. — Every political primary election held by any political party, or- 
ganization, or association, for the purpose of choosing candidates for office, or 
the election of delegates to conventions, shall be presided over and conducted in 
the manner prescribed by the Constitution and Rules of the political party, or- 
ganization or association holding such primary election by managers selected in 
the manner prescribed by such Constitution and Rules. Such managers shall, 
before entering upon the discharge of their duties, each take and subscribe an 
oath that he will fairly, impartially and honestly conduct the same according to 
the provisions of this Article and the Constitution and Rules of such party, or- 
ganization or association. Should one or more of the managers appointed to 
hold such election fail to appear on the day of election, the remaining manager 
or managers shall appoint others in their stead and administer to them the oath 
herein prescribed. The managers shall take the oath herein prescribed before 
a notary public or other officer authorized to administer oaths ; but if no such 
officer can be conveniently had, the managers may administer the oath to each 
other. Such oaths shall, after being subscribed by the managers, be filed in the 
office of Clerk of Court for the County in which such election shall be held, 
within five days after such election.^ 

Civ. '02, § 255; R. S. 213; XX, 10, § 1; 1905, XXIV, 831. 

§ 283. Duties of Managers — Poll List — Administer Oath — Declare 
Result. — Before any ballots are received at such election, and immediately 
before opening the polls, such managers shall open each ballot box to be used in 

2. IvCgislature may provide to fill vacancy in mittee in municipal elections. Holt "'. Executive 

Clerk's ofifice by election. Reister v. Hemphill, 2 Committee, 79 S. C. 263, 60 ^S. E. 659. 

S. C. 325. Certiorari to review action of County Executive 

The Governor cannot so fill a vacancy in the Committee. Moore v. Grifiin, 81 S. C. 393, 62 S. 

office of Judge of Probate, where the unexpired E. 545. 

term exceeds one year. Whitmire v. I,angston, 11 For violation of primary laws, see Criminal Code, 

S. C. 181. §§ 359 to 366 and § 371. 

1. Certiorari to review action of Executive Com- 2. Filing statement of expenses. Moore v. 

Griffin, 81 S. C. 393, 62 S. E. 545. 



§§284-285] OF SOUTH CAROLINA. , 105 

such election, and exhibit the same publicly, to show that there are no ballots in 
such box. They shall then close and lock or seal up such box, except the open- 
ing to receive the ballots, and shall not again open the same until the close of 
the election. They shall keep a poll list, with the name of each voter voting in 
such elections, and shall before receiving any ballot administer to the voter an 
oath that he is duly qualified to vote, according to the Constitution and Rules of 
the party, and that he has not voted before in such election ; and at the close of 
the election they shall proceed, publicly, to count the votes and declare the re- 
sult; they shall certify the result of such election, and transmit such certificate, 
with the poll list, ballots, and all other papers relating to such election, within 
the time prescribed and to the person or persons designated by the Constitution 
and Rules of the party, organization or association holding such election. 

Civ. '02, § 256; R. S. 214; XX, 10, § 2. 

§ 284. Time, Place and Mode of Election — Return of Managers. — 

Every such primary election shall be held at the time and place, and under the 
regulations prescribed by the Constitution and Rules of the party, organization 
or association holding the same, and the returns shall be made and the result de- 
clared as prescribed by such Constitution and Rules, but the returns of the man- 
ager, with the poll lists, shall be filed in the office of the Clerk of Court for the 
County in which such election is held, within four days after the final declara- 
tion of the result thereof, and shall remain there for public inspection.^ 
Civ. '02, § 257; R. S. 215; XX, 10, § 2. 

§ 285. Appointment of Watchers — Registration — Filing Lists and 
Furnishing Copies— Publication of Lists. — Candidates in all Counties in 
which there is a city containing twenty thousand inhabitants or more shall have 
the right to appoint a watcher at each polling place to look after the interest of 
such candidates. And in all cities of twenty thousand inhabitants or more there 
shall be a party registration of voters under regulations to be prescribed by the 
rules of the respective party : Proznded, That in Counties containing a city of 
forty thousand inhabitants or more the following provisions shall obtain for all 
primaries. State, County and municipal: each voter in any primary election must 
be of the age prescribed by the rules of the party, and must have been a resi- 
dent of the State for one year and in the County in which he offers to vote for 
sixty days next preceding such primary; and he must have been duly registered 
in the party registration of voters, under the regulations prescribed by the rules 
of the party at least sixty days before the holding of such primary election, on 
a club roll which shall have been duly filed as hereinafter provided for. No per- 
son shall be registered upon a club list or club roll except upon his written ap- 
plication signed by himself and witnessed by at least one witness, who shall sub- 
scribe his name as such and residence, the said applicant setting out his residence 
by street, number and ward (where these designations exist), and the said ap- 
plications shall be carefully preserved as vouchers for the correctness of the en- 
tries until filed in the office of the Count}'' Auditor, as hereinafter provided. It 
shall be the duty of the President and Secretary, and of either or both of them, 
of every party club or similar organization in such Counties, as aforesaid, to file 
in the office of the County Auditor of the County, sixty days before the date of 
every primary election in such party, the Club List or Club Roll of registered 
members of such club or other similar organization, arranged alphabetically and 
numbered consecutively, certified under the hands of said officers, giving place 
of residence, indicating street and number of the street in cities or other lo- 
calities where street numbering is generally employed, and such certified Lists 
or Rolls shall remain in said office under the care and custody of the County 

3. The decisions of the State Executive Com- Ex parte Sanders, 53 S. C. 478, 31 S. E. 290. 

mittee of the Democratic party as to the validity The rules of the Democratic party as to primary 

of a primary election are quasi judicial, and re- elections are considered in same case, 
viewable by the Courts under the writ of certiorari. 



106 CIVIL CODE [ § 285 

Auditor subject at all times during the usual hours when the said office may be 
open to public inspection, examination and copying by interested parties, subject 
only to such restrictions as may be necessary to the preservation and safeguard- 
ing of the same; and it shall be the duty of the County Auditor, on demand, upon 
payment of his fees in advance, not exceeding tlie sum of one (1) cent for every 
name, with its appropriate date, to furnish within the space of five (5) days 
after such demand a copy or copies of any one or more of said certified Lists 
or Rolls ; and the said original certified Lists or Rolls so filed as aforesaid, shall 
remain until called for and receipted for by the proper representative of the 
County or Municipal Executive Committee, who shall withdraw the same not 
sooner than the day before the said primary, as to Lists or Rolls of city clubs, 
or three (3) days before as to other clubs. The Club Rolls which have been so 
filed shall constitute the registration lists at the respective precincts in all pri- 
mary elections. No name shall be added to said Lists or Rolls after they have 
been so filed with the Auditor, nor shall further registration or registration cer- 
tificate be required as a prerequisite to voting at any primary. At the same time 
and place the said President and Secretary, either or both of them, shall file, 
together with the said Club Lists or Rolls, the written applications for member- 
ship hereinbefore mentioned ; and these applications shall be preserved as perma- 
nent records in the said Auditor's office for the space of one year after filing of 
same, subject to the same provisions for examination by interested parties as 
apply to the Club Rolls. The said Club Lists or Club Rolls shall be published 
by the Chairman of the Executive Committee of the respective party, at least 
thirty (30) days before the date set for the primary in a daily newspaper pub- 
lished in the County where such election is to be held, and such publication shall 
be at the expense of the Executive Committee, County or municipal. No per- 
son shall be qualified to vote at said primary unless his name appear on the said 
Club Lists or Club Rolls so filed as aforesaid, and then only at the polling place 
appropriate under the rules of the party to said registered residence.^ 

Civ. '02, § 258; 1896, XXII, 56; amd. by 1900, XXIII, 375; 1903, XXIV, 9; 190S, 
XXV, 1154. 



TITLE III. 

OF THE ASSESSMENT AND COLLECTION OF TAXES. 

Chapter XIV. The Assessment of Taxes, 106. 
Chapter XV. The Collection of Taxes, 156. 



CHAPTER XIV. 

The Assessment of Taxes. 

Article 1. Subjects and lien of taxes, 107. 

ARTICI.E 2. Definition of terms, 109. 

Article 3. Property exempt from taxation, 110. 

Article 4. General rules as to the return and assessment of property. 111. 

Article 5. Special provisions as to returns of merchants, manufacturers and 
pawnbrokers, and respecting mines and mining claims, 114. 

Article 6. Special rules as to returns and assessment of railroad, express, 
telegraph and insurance companies, and provisions as to other cor- 
porations, 116. 

4. See Crim. Code, § 889. 



§§286-289] OF SOUTH CAROLINA. \ 107 

ArticIvE 7. Special rules as to the assessment of property returnable for taxa- 
tion by persons, firms or corporations engaged in textile indus- 
tries, and canals providing power for rent or hire, and cotton seed 
oil companies and fertilizer companies, 126. 

Article 8. Special rules as to banks and bank stock and unincorporated bank- 
ers and banking associations, 127. 

Article 9. Tax on Incomes ; special rules for, 130. 

Article 10. Certain corporations to make annual reports and pay annual li- 
cense fee, 132. 

Article 11. Proceedings on default of return and penalties therefor; valuation 
of property for taxation, 136. 

Article 12. The/ County Auditor ; appointment, tenure of office and general 
powers and duties, 138. 

Article 13. Boards of Assessors and Boards of Equalization and their func- 
tions, 147. 



ARTICLE 1. 

Subjects and Lien of Taxes. 

Sec. Sec. 

286. Poll tax — Who liable for. 290. Taxes a debt due State, and a first 

287. What property, is taxable. lien upon property taxed — En- 

288. Who liable for taxes on real es- forcement. 

tate. 291. Enforcement of lien on realty. 

289. Personal property held in trust or 292. Collection of tax to pay township 

charge — Who liable for taxes on. bonds issued in aid of railroads 

prohibited. 

§ 286. Poll Tax — Who Liable for. — There shall be assessed on all tax- 
able polls in this State an annual tax of one dollar on each poll, the proceeds of 
which tax shall be applied solely to educational purposes. All males between 
the ages of twenty-one and sixty years, except those incapable of earning a sup- 
port from being maimed or from any other cause, shall be deemed taxable polls. ^ 

Civ. '02, § 259; G. S. 168; R. S. 216; 1882, XVII, 985, § 153; 1909, XXVI, 77. 

§ 287. What Property Is Taxable.— All real and personal property in 
this State, and personal property of residents of this State which may be kept 
or used temporarily out of the State, with the intention of bringing the same into 
the State, or which has been sent out of the State for sale and not yet sold; all 
moneys, credits, investments in bonds, stocks, joint stock companies or other- 
wise, of parties residents in this State shall be subject to taxation." 

Civ. '02, § 260; G. S. 164; R. S. 217; 1882, XVII, 983, § 149. 

§ 288. Who Liable for Taxes on Real Estate. — Every person shall be 
liable to pay taxes and assessments on the real estate of which he or she may 
stand seized in fee or for life, by courtesy, in dower, as husband in right of his 
wife, or may have the care of as guardian, executor, trustee or committee. 

Civ. '02, § 261; G. S. 165; R. S. 218; 1882, XVII, 983, § 150. 

§ 289. Personal Property Held in Trust or Charge — Who Liable for 
Taxes on. — All executors, administrators, guardians, trustees, receivers, offi- 
cers, husbands, fathers, mothers, agents or factors shall be personally liable for 
the taxes on all personal property which they are required, respectively, to list 

1. Poll tax constitutional, but limited to use for z'. Charleston, 1 Mill 36; Bubow v. City Council, 
educational purposes. State v. Cobb, 8 S. C. 123. 1 N. & McC. 527; Hayne v. Delyiesseline, 3 McC. 

2. Personal property taxable where found. Ten- 374; Insurance Co. v. Bradley, 83 S. C. 430, 65 
kins V. Charleston, 5 S. C. 400. Generally. State S. E. 433. 



108 CIVIL CODE [ §§ 290-292 

for taxation by the provisions of this Chapter, and which was in their possession 
at the time when the return thereof for taxation shall have been made by them- 
selves or the County Auditors, and may retain in their hands a sufficient amoimt 
of the property, or proceeds thereof, to pay such taxes for the entire year; and 
the County Treasurer may collect such taxes by any and all the means provided 
by Chapter XV, either of the principal or beneficiary, or of the persons so 
acting as executor, administrator, guardian, trustee, husband, father, mother, 
•agent or factor, receiver or officer. 

Civ. '02, § 263; G. S. 166; R. S. 219; 1882, XVII, 983, § 151. 

§ 290. Taxes a Debt Due State, and a First Lien upon Property — - 
Enforcement. — All taxes, assessments and penalties legally assessed shall be 
considered and held as a debt payable to the State by a party against whom the 
same shall be charged; and such taxes, assessments and penalties shall be a 
first lien in all cases whatsoever upon the property taxed; the lien to attach at the 
beginning of the fiscal year during which the tax is levied; and such taxes shall 
be first paid out of the assets of any estate of deceased persons, or held in trust 
as assignee cr trustee, as aforesaid, or proceeds of any property held on ex- 
ecution or attachment; and the County Treasurer may enforce the said lien by 
execution against the said property ; or, if it cannot be levied on, he may proceed 
by action at law against the person holding said property. 

When any real estate shall be sold under any writ, order of proceedings in 
any Court, the Court shall, on motion of any person interested in such real es- 
tate, or in the purchase or proceeds of the sale thereof, order all taxes, assess- 
ments and penalties charged thereon to be paid out of the proceeds of such sale 
as a lien prior to all others.^ 

Civ. '02, § 263; G. S. 170; R. S. 220; 1882, XVII, 987, § 155. 

§ 291. Enforcement of Lien on Realty. — That all real property re- 
turned delinquent by County Treasurers, upon which the taxes shall not be paid 
by distress or sale of personal property, or otherwise, shall be seized and sold 
as provided by law. The distress and sale of personal property shall not be a 
condition precedent to seizure and sale of any real property hereunder.* 

1902, XXIII, 1132. 

§ 292. Collection of Tax to Pay Township Bonds Issued in Aid of 
Railroads Prohibited. — No Board of Township Commissioners, nor County 
Board of Commissioners, nor any other officer or officers, shall assess or levy, 
and no County Treasurer nor other officer or officers shall collect any tax for the 
payment of township bonds, or the coupons thereof, issued in the aid of a rail- 
road : Provided^ This Section shall not apply to those bonds issued in the aid 
of railroads that have been completed and finished through such townships as 
have issued such bonds, nor until such road or portion thereof shall have been 
accepted by the Railroad Commissioners : Proinded, further, That the pro- 
visions of this Section shall not apply to Newberry County or any part thereof.^ 

Civ. '02, § 264; 1897, XXII, 534. 

3. State taxes are a first lien on the property of State v. Allen, 2 McC. 55; State y. Columbia, 6 

the taxpayer, and a sale for such taxes gives pur- S. C. 11. It was held under certain tax acts that 

chaser a good title as against any taxes then due the personalty must be exhausted before land can 

the town of Mount Pleasant, which, under the be sold. Ebaugh v. Mullinax, 34 S. C. 364, 13 S. 

town charter, 20 Stat. 1262, is not a first lien on E. 613; Curtis v. Renneker, 34 S. C. 468, 13 S. 

the property. Holmes v. Weinheimer, 66 S. C. E. 664. Under later Acts it has been held that 

18, 44 S. E. 82. the omission to exhaust the personalty does not 

Iviens, as preferred. State v. Allen, 2 Bay 244. affect the purchaser's title. 

Must be expressly made so by the law or arise by Interstate B. & E. Ass'n v. Waters, 50 S. C. 

necessary implication. Barker v. Smith, 10 S. C. 459, 27 S. E. 948. 

226. Continues as long as Statute provides. lb. 4. See Johnson v. Jones, 72 8. C. 270, 288, 51 

It is not given priority over previously attached S. E. 805, as to necessity for sale of personal 

inchoate right of dower. Shell v. Duncan, 31 S. property in 1876. 

C. 547, 10 S. E. 330. .■». See post, § 468. 

Executions, as to, Section is unconstitutional. 



§ 293] OF SOUTH CAROLINA. 109 

ARTICLE 2. 

Definition of Terms. 

Sec. 293. Meaning of words, terms and phrases. 

§ 293. Meaning of Words, Terms and Phrases. — The phrase "real 
property," as used in this Chapter, shall be held to mean and include not only 
land, city, town and village lots, but all structures and other things therein con- 
tained or annexed or attached thereto which pass to the vendee by the convey- 
ance of the land or lot. The phrase "personal property," as used in this Chap- 
ter, shall be held to mean and include all things, other than real estate, which 
have any pecuniary value, and moneys, credits, investments in bonds, stocks, 
joint stock companies or otherwise. The term "moneys" or "money" as used in 
this Chapter, shall be held to mean and include gold, silver and other coin, bank 
bills and other bills or notes authorized to be circulated as money, whether in 
possession or on deposit subject to the draft of the depositor or person having 
the beneficial interest therein on demand. The term "credits," as used in this 
Chapter, shall be held to mean the remainder due, or to become due, to a party, 
after deducting from the amount of all legal debts, claims and demands in his 
favor, the amount of all legal debts and demands against him, whether such de- 
mands be payable in money, labor or other valuable things. But, in ascertaining 
such remainder, no deduction shall be made for any obligation to any mutual 
insurance company, given for insurance, nor any subscription to the capital 
stock of any joint stock company, nor of any taxes assessed against the party, 
nor of any subscription to any religious, scientific, literary or charitable purpose, 
nor of any acknowledgment of a liability not founded on a legal and valuable 
consideration, nor any more of any joint liability with others than the party 
honestly believes he will be compelled to pay, nor any contingent liability, nor of 
any acknowledgment of debt or liability made for the purpose of diminishing 
the amount of credit to be returned for taxation. The phrase "investment in 
bonds," as used in this Chapter, shall be held to mean all investments of money 
or means in bonds of whatsoever kind, whether issued by the government of 
the United States, or of- this or any other St^te or Territory of the United 
States, or any foreign government, or any County, city, town or other munici- 
pality, or by any corporation or company of this or any other State or country. 
The phrase "investments in stocks," as used in this Chapter, shall be held to 
mean and include all investments of money or means in the evidences of in- 
debtedness, other than bonds or bills designed to circulate as money, issued by 
any government or municipality, and shares of the capital of any corporation, 
company or association, and every interest in any such shares or portion thereof ; 
also all interests or shares in ships, boats or other vessels used or designed to be 
used exclusively or partially in navigating the waters within or bordering on this 
State, whether such ship, boat, or vessel be within the jurisdiction of this State 
or not, and whether such vessel be registered or licensed at any Collector's office 
in this State or not. The word "oath," as used in this Chapter, shall be held to 
mean and include an affirmation duly made. The words "person" and "party," 
and other word or words importing the singular number as used in this Chap- 
ter, shall be held to include firms, companies, associations and corporations ; and 
all words in the plural number shall apply to single individuals, in all cases in 
which the spirit and mtent of this Chapter require it. All words in this Chapter 
importing the masculine gender shall apply to females also ; and all words in this 
Chapter importing the present tense shall apply to the future also. 
Civ. '02, § 265; G. S. 167; R. S. 221; 1897, XXII, 983-985. 



no CIVIL CODE [ § 294 

ARTICLE 3. 
Property Exempt from Taxation. 
Sec. 294. Exemptions from taxes. 

§ 294. Exemptions from Taxes. — The following property shall be ex- 
empt from taxation, to wit : 

1st. All public schools and the grounds actually occupied by them, not ex- 
ceeding in any case three acres. 

2d. All houses used exclusively for public worship, the books and furniture 
therein, and the ground actually occupied by them, not exceeding in any case 
two acres, and the parsonage and lot on which it is situate, so long as no in- 
come is derived therefrom. 

3d. All incorporated public colleges, academies and institutions of learning, 
with the funds provided for their support, and the grounds and the buildings 
actually occupied by them and not used with a view to pecuniary profit; but this 
provision shall not extend to leasehold estates held by others under the au- 
thority of any college or other institution of learning. 

4th. All real and personal property the rents, issues, incomes and profits of 
which have been or shall be given to any city, town, village, school district or 
sub-district in this State exclusively for the endowment or support of public 
schools therein, so long as such property or the rents, issues, incomes or profits 
thereof shall be used or applied exclusively for the support of free education in 
said schools by such city, town, village, district or sub-district. 

Sth. All graveyards or cemeteries, except such as are held with a view to 
profit or speculation in the sale thereof. 

6th. All property owned exclusively by the United States or this State. 

7th. All buildings owned by Counties and used exclusively as courthouses, 
jails or public offices, with the grounds on which such buildings are or may be 
erected, not exceeding ten acres in any County. 

Sth. All lands, houses, fixtures and property owned by any County or city 
and used exclusively for the support of the poor. 

9th. All property belonging to institutions of purely public charity and used 
exclusively for the maintenance and support of such institutions. 

10th. All fire engines and other implements used in the extinguishment of fires, 
with the buildings and grounds used exclusively for the keeping and preservation 
thereof, when owned by any city, town or village, or any fire company organized 
therein. 

11th. All public squares or grounds and- market houses owned by any city, 
village or town, and used exclusively for public purposes, and not for revenue. 

1896, XXII, 63. 

12th. All city, town and village halls owned and used exclusively for public 
purposes, and not for revenue, by any city, town or village.^ 

13th. All waterworks to supply water for the use of a town or city, the ma- 
chinery and fixtures connected therewith, and the grounds occupied thereby, 
when owned by any city or town. 

14th. All bonds and stocks of this State. All municipal bonds in this State 
which, by the terms of the Act under which they are or may be issued, are, or 
may be, exempted from taxation.'^ 

15th. All bonds and stocks of the United States which are not authorized by 
the laws of the United States to be taxed under State authority. 

16th. All rents accruing from real estate which shall not become due within 
two months after the first day of January of the year in which taxes are to be 
assessed thereon. 

6. City of Columbia v. Tindal, 43 S. C. 547, 22 its bonded debt under § 1, Art. X, Constitution. 
S. E. 341. Chester County z: White, 70 S. C. 433, 448, SO 

7. General Assembly may exempt in act author- S. E. 28. 
izing their issuance bonds issued by county to pay 



§§295-296] OF SOUTH CAROLINA. Ill 

17th. All of any annuity not payable on or before August first of the year 
for which taxes are to be assessed thereon. 

18th. All pensions payable to any person by the United States, or any State 
of the United States. 

19th. All shares of the capital stock of any company or corporation which is 
required to list its capital and property for taxation in this State. 

20th. All the wearing apparel of the person required to make return, and his 
family. 

21st. Articles actually provided for the present subsistence of the person or 
his family, to the value of one hundred dollars. 

22d. Fair grounds of Agricultural and Mechanical Societies, when not used 
for purposes of profit. 

23d. Property of Y. M. C. A. in This State Exempt from Taxation. — 
All houses, together with the grounds occupied by them, not exceeding in any 
case three acres, together with books, furniture and appurtenances therein, be- 
longing to any Young Men's Christian Association in this State and used by 
them for the purposes of or in support of such association, are exempt from 
taxation for State, county, school, municipal and special taxes: Proznded, That 
the exemption herein provided for shall not apply to such portions of the build- 
ing as may be rented for other purposes.^ 

1909, XXVI, 146. 

24th. School Bonds Exempted from Taxation. — All bonds hereafter is- 
sued or sold, or to be hereafter issued or sold, by the trustees of any school dis- 
trict, or school districts, pursuant to the vote of the majority of the qualified 
voters of such school district, or school districts, voting at an election hereto- 
fore or hereafter held for the erection of buildings, for equipment, for maintain- 
ing public schools in such district or districts, or for paying indebtedness of 
such district or districts, shall be exempt from all taxation for State, county, 
municipal or school purposes.^ 

1908, XXV, 1051. 

Civ. '03, § 266; G. S. 169; R. S. 223; 1882, XVII, 985, § 154. 



ARTICLE 4. 

General Rules as to the Return and Assessment of Property. 

Sec. Sec. 

295. Comptroller-General to prescribe 399. When returned and how valued — 

forms. Listing of agricultural products 

296. Return and assessment of prop- for taxation — Conditions. 

erty. 300. Return of real estate for taxation. 

297. How property listed and returned. 301. Dog tax — Collection — Lien. 

298. Same. 

§ 295. Comptroller- General to Prescribe Forms. — The Comptroller- 
General shall prescribe the forms of all returns of taxation, and of the oaths 
that shall be made thereto, and transmit the same to the several County Audit- 
ors; and any return made in any way varying therefrom shall not be regarded 
as a return. 

Civ. '02, § 267; G. S. 213; R. S. 223; 1896, XXII, 63. 

§ 296. Return and Assessment of Property. — Every person of full age, 
and of sound mind, shall annually list for taxation the following personal prop- 
-erty, to wit : 

8. As to enforcement of collection of unpaid 9. Legislature may exempt County bonds. Ches- 

taxes upon municipal property not used exclusively ter County v. White, 70 S. C. 433, 50 S. E). 28. 

for public purposes, and for revenue, see post, § See Const. 1895, § 1, Art. X. 
473. 



112 CIVIL CODE [ §§ 297-298 

1st. All the tangible personal property in the State, owned or controlled by 
him. 

2d. All the tangible property owned by him or other resident of South Caro- 
lina, and under his control, which may be temporarily out of the State, but is 
intended to be brought into the State. 

3d. All tangible personal property owned or controlled by him which may 
have been sent out of the State for sale, and not yet sold ; and 

4th. All the moneys, credits, investments in bonds, stocks, joint stock com- 
panies, or otherwise, owned or controlled by him, whether in or out of this 
State. 

The property of every ward shall be listed by his guardian; of every minor 
child, having no other guardian, by the father, if living; if the father be dead, 
by the mother, if living; and if the mother be dead or married, by the person 
having it in charge; of the wife, by the husband if living and sane, and the par- 
ties are residing together; if the husband be dead, or is insane, or is not living 
with his, wife, by the wife ; of every person for whose benefit property is held 
in trust, by the trustee; of every deceased person, by the executor or adminis- 
trator ; of those whose property or assets are in the hands of receivers, by such 
receivers ; of every firm, company, body politic or corporate, by the president or 
principal accounting officer, partner, or agent thereof ; of all persons in the hands 
or custody of any public officer or appointee of a Court, by such officer or ap- 
pointee ; of those absent or unknown, by their agent or the person having it in 
charge ; of lessees of real property, by such lessees. 

Civ. '02, § 268; G. S. 173; R. S. 224, 225. 

§ 297. How Property Listed and Returned. — All persons required by 
law to list property for others shall list it separately from their own, and in the 
name of the owner thereof ; but shall be personally responsible for the taxes 
thereon for the year in which they list it, and may retain so much thereof, or 
the proceeds of the sale thereof, in their own hands, as will be sufficient to pay 
such taxes : Provided, That all lands shall be listed and assessed as the prop- 
erty of the person or persons having the legal title to, and the right of possession 
of, the land at the time of listing and assessment, and in case of persons having 
possession of lands for life, in the name of the life-tenant: Provided, further. 
That in the case of estates administered, the property shall be listed and assessed 
as the property of "the' estate of" the person deceased; that in case of trust, the 
property shall be listed and assessed as the property of the trustee, styled as 
trustee, committee, or guardian, as the case may be; and that in. case of bank- 
ruptcy, the property shall be listed and assessed as the property of the bank- 
rupt. And any one who shall knowingly return land in the name of one not 
having the legal title to, and right of possession of, the land at the time of listing 
and assessment as provided in this Section, shall be liable in an action of damages 
in an amount at least equal to the tax assessed at the suit of the one entitled to 
the possession of said land.^° 

Civ. '02, § 269; G. S. 174; R. S. 226; 1882, XVII, 987. 

§ 298. Same. — All horses, neat cattle, mules, asses, sheep, hogs, dogs, 
wagons, carts, and other vehicles used in any business ; furniture and supplies 
used in hotels, restaurants, and other houses of public resort ; all personal prop- 
erty used in or in connection with storehouses, manufacturies, warehouses, or 
other places of business ; all personal property on farms ; all merchants' and 
manufacturers' stock and capital, shall be returned for taxation and taxed in the 
city, village, and town in which it is situated ; all bankers' capital and personal 
assets pertaining to their banking business, in the city, town, and village in which 
the banking house is located ; all shares of stock in incorporated banks located 

10. "Property" embraces land. Pollitzer v. Bein- 514, 61 S. E. 77. Return made by agent as "un- 

kempen, 76 S. C. 523, 57 S. E. 475. lyisting in known" renders proceedings void. Hudson v. 

name of estate of deceased where estate was not Schumpert, 80 S. C. 23, 61 S. E. 104. 
administered. Koth v. Pallochucala Club, 79 S. C. 



§299] OF SOUTH CAROLINA. ^ 113 

in this State, in the city, town, and viHage Avhere the bank is located; all prop- 
erty of deceased' persons shall be returned for taxation at the residence of the 
executor or administrator, if in the County where administration may be legally 
granted; but if the executor or administrator reside out of such County, at the 
County seat of such County, until distribution thereof, and payment may be 
made to the parties entitled thereto ; and all other personal property shall be 
returned for taxation and taxed at the place where the owner thereof shall re- 
side at the time of listing the same, if the owner reside in this State; if not, at 
the residence of the person having it in charge ; and all real estate shall be taxed 
in the County, city, ward, and town where it is located. 
Civ. '02, § 270; G. S. 175; R. S. 227; 1882, XVII, 989. 

Separate Tax Returns. — The owners of real property situate partly within 
and partly without any incorporated town or city are hereby required to list the 
part in the town or city separately from the part outside the incorporate limits 
thereof.^ ^ 

1901, XXIII, 615. 

§ 299. When Returned and How Valued — Listing of Agricultural 
Products for Taxation — Conditions. — Every person required by law to list 
property shall annually, between the first day of January and the twentieth day 
of February, make out and deliver to the Auditor of the County in which the 
property is, by law, to be returned for taxation, a statement, verified by his oath, 
of all the real estate which has been sold or transferred since the last listment 
of property for which he was responsible, and to whom, and of all the personal 
property possessed by him, or under his control, on the first day of January of 
each year, either as 'owner, agent, parent, husband, guardian, executor, adminis- 
trator, trustee, receiver, officer, partner, factor, or holder, with the value thereof, 
on said first day of January, at the place of return, estimating according to the 
rules prescribed by law : Provided, That the returns of the following agricul- 
tural products, to wit: corn, cotton, wheat, oats, rice, peas and long forage, 
made on the day specified by law, shall be the amounts actually on hand on Au- 
gust 1, immediately preceding the date of said return: And provided, further, 
That this shall apply only to such of said products as are actually in the hands 
of the producer thereof. 

Which statement shall set forth : 

1st. The number of horses, and their value. 

2d. The number of neat cattle, and their value. 

3d. The number of mules and asses, and their value. 

4th. The number of sheep and goats, and their value. 

5th. The number of hogs, and their value. 

6th. The value of gold and silver plate, and number of gold and silver watches, 
and their value. 

7th. The number of pianofortes, melodeons, and cabinet organs, and their 
value. 

8th. The number of pleasure carriages, and their value. 

9th. The number and value of dogs. 

10th. The value of goods, merchandise, moneys, and credits, pertaining to his 
business as a merchant. 

11th. The value of materials received, used, or provided to be used, in his 
business as a manufacturer. 

12th. The value of all machinery, engines, tools, fixtures, and implements used, 
or provided to be used, in his business as a manufacturer, and of all manufac- • 
tured articles on hand one year or more. 

13th. The value of moneys, including bank bills and circulating notes. 

14th. The value of all credits. 

11. Pollitzer V. Beinkempen, 76 S. C. 517, 523, 57 S. E. 475. 
S C C— 8 



114 CIJIL CODE [ §§ 30(^302 

15th. The value of investments in the stocks of any company or corporation 
out of this State, except National Banks. 

16th. The value of all investments in bonds, except bonds of the United 
States and this State expressly exempted from taxation. 

17th. The value of all other property. 

Civ. '03, § 271; G. S. 176; R. S. 228; 1882, XVII, 990; 1887, XIX, 798. 

§ 300. Return of Real Estate for Taxation. — It shall be the duty of 
all persons, who are required by law to make returns of personal property, to 
make full returns of all real estate and improvements thereon between the first 
day of January and the twentieth day of February, 1898, and at the same time 
in every fourth year thereafter : Provided, That for that portion of the township 
of Florence, for the County of Florence, lying within the limits of the city of 
Florence, like returns shall also be made between the first day of Alarch and the 
fifteenth day of 3ilarch : Provided, further, That in cities having a population 
of fifty thousand inhabitants or over, such returns of real estate shall also be 
made between the first day of January and the twentieth day of February in any 
intermediate year upon the order of the Special Board of Equalization for such 
cities. 

Civ. '02, § 272; 1897, XXII, 46; 1910, XXVI, 753. 

§ 301. Dog Tax — Return — Collection — Lien. — Dogs shall be returned 
in the same manner and at the same time that other property is returned for 
taxation. 

The capitation tax on dogs provided for in Section 1790 shall be collected at 
the same time and in the same manner that other taxes are now collected, and 
shall constitute a first lien in favor of the State of South Carolina on all prop- 
erty owned by any person who owes any such capitation tax. The collection of 
the capitation tax provided for in this Section may be enforced against any 
property owned by the debtor of such tax in the same way and manner as if it 
were a tax assessed on that specific piece of property. No dog which is not re- 
turned for taxation, as required in this Section, shall be held to be property in 
any of the Courts of this State. It shall be the duty of the County Auditor and 
the Township Assessors and the School Trustees to enforce the provisions of 
this Section, so far as it relates to listing dogs for taxation.^^ 

1904, XXIV, 469; 1906, XXV, 13; 1909, XXVI. 88. 



ARTICLE 5. 

Special Provisions as to Returns of Manufacturers and Paw^nbrokers, 
AND Respecting Mines and Mining Claims. 

Sec. Sec. 

302. Manufacturers defined; statements 303. Pawnbrokers. 

additional to return of. 304. Mines and mining claims. 

§ 302. Manufacturers. — Every person engaged in making, fabricating 
or changing things into new forms for use, or in refining, rectifying or combin- 
ing different materials for use, shall be held to be a manufacturer, and shall, at 
the same time he is required to list his other property, make and deliver to the 
Auditor of the County in which his place of business is situated, a statement of 
the average value of all articles purchased, received or otherwise held for the 
purpose of being used by him in his business, at any time during the year pre- 
ceding the first day of January of the year in which the return is made ; to as- 
certain which he shall set down the value on hand on the first day of January 
of the preceding year, or other time of commencing business during the year, 
add thereto all purchases, when made, at cost, ascertain the average value on 

12. For other provisions with reference to dog tax, see § 1790. Civil Code. 



§§303-304] OF SOUTH CAROLINA. ' 115 

hand for the month, deduct the average amount of sales for the month, at cost, 
and the remainder shall be the average on hand for that month ; and, in like 
manner, ascertain the average value for each month, down to the first day of 
January of the year in which the return is to be made, add together such monthly 
values, divide the aggregate by the number of months he has been in business 
during the preceding year, as aforesaid, and to the quotient add the moneys and 
credits on hand the first day of January of the year in which the return is made, 
and the product of this last addition shall be the sum upon which he shall pay 
taxes for the year in which the return is made: Provided, That when business 
is opened after the first day of January of the preceding year and closed before 
the first day of January of the year in which the return is made, the parties open- 
ing and closing such business shall make returns on material — the time of open- 
ing and closing such business being the times used as the basis of the return as 
established in this Section. And he shall also list at their full value all machin- 
ery, tools, implements, fixtures and engines used or purchased for use in his 
business (except such as have been appraised for taxation as part of the realty), 
together with all manufactured articles which have been on hand and remain 
unsold for one year or more prior to the first day of January of the year in 
which the return is made ; also all the moneys and credits pertaining to said 
business on hand on said first day of January: Provided, That all materials 
provided for use in said business shall be estimated as on hand until sold, or re- 
main on hand in a manufactured state for one year. 
Civ. '02, § 273; G. S. 178; R. S. 230; 1883, XVII, 992. 

§ 303. Pawnbrokers. — Every pawnbroker, person, or company engaged 
in the business of receiving property on pledge, or as security for money or other 
thing advanced to the pawner or pledger, shall, annually, in the month of Jan- 
uary, or before the twentieth of February, return, under oath, to the Auditor of 
the County in which his place of business is located, the average monthly value 
of all property pawned or pledged to him during the year ending January first 
of the year in which the return shall be made, or, if engaged in the business for 
less than a year prior to said first day of January, then for such shorter period ; 
and such average shall be •ascertained by the rule prescribed in this Chapter for 
ascertaining the average value of the property of manufacturers, and taxes 
charged on such average value as upon other property at the same place. 

Civ. '02, § 274; G. S. 210; R. S. 231; 1882, XVII, 992. 

§ 304. Mines and Mining- Claims. — All personal property used in con- 
nection with mines and mining claims, and all land not actually mined connected 
with mines and mining claims, shall be assessed for taxation and taxed as is 
done in the case of all other personal and real estate. In all cases where land is 
actually mined, such land shall not be assessed for taxation or taxed, but, in heu 
thereof, the gross proceeds alone of such mines and mining claims shall be as- 
sessed and taxed. And such gross proceeds shall be ascertained and determined 
by the cash market value of the material mined. 

Civ. '02, § 275; G. S. 211; R. S. 231; 1882, XVII, 1004; 1909, XXVI, 77. 



116 



CIVIL CODE 



§ 305 



ARTICLE 6.13 

Speciai. Rules yvs to Returns and Assessments of Railroad^ Express, Tele- 
graph AND Insurance Companies, and Provisions as to 
Other Corporations. 



Ssc. 

305. 

306. 

307. 

308. 
309. 
310. 

311. 
312. 



313. 



314. 



315. 



316. 



317. 
318. 
319. 
330. 



Railroads and other companies of 
like character. 

When returns made to Comp- 
troller-General. 

When returns made to County 
Auditor. 

Returns, how made and valuation. 

Returns, how verified. 

When railroad in hands of a re- 
ceiver, return to be made by 
him. 

Comptroller-General may question 
• officers, examine books, etc. 

State Board of Assessors of rail- 
road property — Meetings — As- 
sessment — Change of valuations 
— Records — Decisions. 

Comptroller-General to certify to 
Auditors — Auditors to charge 
taxes. 

Proceedings in case of no return 
— Penalty — Auditors to be cer- 
tified. 

Proceedings to test right of rail- 
road company to exemption 
from taxation. 

Assessment and valuation of rail- 
road property — Not on tax 
bonds. 

Telegraph companies defined. 

Express companies defined. 

Sleeping car companies defined. 

Verified statements of telegraph, 
telephone, express and sleeping 
car companies to Comptroller- 
General. 



Sec. 

321. 



Comptroller-General to examine 
statements — Duties of in rela- 
tion thereto, etc. 

Comptroller-General lo lay state- 
ments before the State Board 
of Assessors — Duties of Board. 

Board of Assessors to ascertain 
value of property. 

How value of property ascertained. 

Value certified to Comptroller- 
General by State Board certi- 
fied to Auditor— Apportionment 
of Auditor. 

Auditors may require agents to 
report, etc 

Actions for penalty for failure or 
refusal to pay taxes — Distribu- 
tion. 

Special provisions as to past due 
taxes on such companies. 

Penalty for failure of companies 
to make statements. 

Form of return of foreign express, 
telegraph, telephone and sleep- 
ing car companies. 

Return of domestic insurance com- 
panies. 

Return of domestic corporations 
owning property in other states. 

Domestic corporations owning no 
property in the State. 

How property of corporations 
listed. 

Corporations organized as well un- 
der laws of this as of another 
State — Taxes. 

Refusal to pay works a forfeiture. 

§ 305. Railroads and Other Companies of Like Character. — The 

road-bed, right-of-way, station buildings, toll houses, structures, tools, ma- 
chinery, poles, wires, fixtures, vessels and real estate owned and necessarily in 
daily use by any railroad, turnpike, plank road, bridge, telegraph, canal or slack- 
water navigation company, in the prosecution of its business, shall, for the pur- 
poses of this Chapter, if the company be organized in this State, be treated as 
personal property. But the lien for taxes shall attach to the property as if the 
same were real property, and the President, Secretary or principal accounting 
officer thereof shall include the value thereof in the return of the other personal 
assets of such company for taxation ; which return shall be made in the month 
of January, or before the twentieth of February, annually, to the several Audit- 
ors of the Counties in which such road, canal, bridge, telegraph line, or slack- 
water navigation company may be situated, according to the value of such prop- 
erty in each, together with a statement of the amount of such assets situate in 
each city, town, village or ward in said Counties, respectively ; and the value of 
the movable assets of such company shall be apportioned to eachtown, city, ward 
or village in proportion to the value of the road-bed, canal, slack-water naviga- 



333. 



524. 
525. 



326. 

327. 

328. 
329. 
330. 

331. 
332. 
333. 
334. 
335. 

336. 



t.'J. Prior to the Constitution of 1'895, niunici- r.oard. State ex rel. Southern Rwv. Co. -'. Tallev, 
palities were not bound by as.sessment 1)y the State 50 S. C. 374, 27 S. E. 803. 



§§306-310] OF SOUTH CAROLINA. , ' 117 

tion, bridge or telegraph line in each.^^ 

Civ. 'G2, § 276; G. S. 179; R. S. 233; 1882, XVII, 992. 

§ 306. When Returns Made to Comptroller- General.— The President 
and Secretary of every railroad company whose track or road-bed, or any part 
thereof, is in this State, shall annually, between the first of January and twen- 
tieth of February, return to the Comptroller-General, under their oaths, the to- 
tal length thereof in each County, city, town and in'corporated village in this 
State ; the total length of their double track in this State, and the length thereof 
in each County, town, city and incorporated village of this State ; the total length 
of all their side tracks, and the length thereof in each city. County, town and in- 
corporated village in this State, the location and value of all their shops, depots, 
grounds, station houses, wood and water stations, buildings, stationary engines, 
tools, implements and fixtures in South Carolina, and all other real estate neces- 
sary to the daily running operations of the road; the number and value each of 
all their locomotive engines, passenger, freight, platform, gravel, construction, 
hand and other cars ; the value of their moneys and credits ; the total value of the 
entire road, appurtenances and equipments, and the total value of said road in 
South Carolina, with its appurtenances and equipments. 

Civ. '03, § 277; G. S. 180; R. S. 234; 1882, XVII, 993. 

§ 307. When Returns Made to County Auditor. — The President and 
Secretary of every railroad company mentioned in the preceding Section shall 
also, annually, between the first of January and the twentieth of February, re- 
turn to the County Auditor of each County in South Carolina through or into 
which such road, or any part thereof, may be located, a statement of the value 
of said road and the property of the company in said County, and in each of the 
towns, cities and villages of said County through or into which said road or 
part thereof is located, in the manner and form required by this Chapter in the 
return to the Comptroller-General. 

Civ. '02, § 278; G. S. 181; R. S. 235; 1882, XVII, 993. 

§ 308. Returns, How Made and Valuation. — In ascertaining the value 
of the road and property of any railroad company, the value of the right-of- 
way, bed and track of the whole road shall be fixed and such value apportioned 
pro rata to each mile of the main track; and to the value of the number of miles 
of main track in each town, city and incorporated village of each County in this 
State through and into which said road is located, shall be added the value of 
the real estate, fixtures, stationary engines, tools, implements, machinery and 
other stationary property provided for use in the daily operations of the road 
situate in said town, city or village ; and the total value of the rolling stock, 
moneys and credits shall be apportioned pro rata to each mile of the main track 
of said road, and the amount thereof, according to the number of miles of main 
track in each town, city and village in this State, added to the value of the main 
track in such town, city and village, respectively; and the aggregate value of. 
said road and property in this State, and in each County, city, town and incor- 
porated village of this State through or into which said road is located, shall be 
stated in said return. 

Civ. '02, § 379; G. S. 182; R. S. 236; 1882, XVII, 993. 

§ 309. Returns, How Verified. — The return and oath required of officers 
of railroad companies shall be made in such form as shall be prescribed by the 
Comptroller-General. 

Civ. '02, § 280; G. S. 183; R. S. 237; 1882, XVII, 994. 

§ 310. When Railroad in Hands of a Receiver, Returns to Be Made 
by Him. — If any railroad, its appurtenances, equipments and property of any 

14. Railroad held not liable for taxes, wliep ex- Commissioners valid. Charlotte. C. & A. R. R.^Co. 

empt by its charter, as against bonds having first v. Gibbes, 24 S. C. 60; lb., 27 S. C. 385, 4 b. 

statutory Hen thereon. Hand v. R. R. Co., 17 S. E. 49. 

C. 219. An assessment to pay expenses of Railroad . .J 



118 C/^/L CODE [ §§ 311-314 

kind soever shall be in the hands of a receiver or other officer, such receiver or 
other officer shall make the returns required by this Chapter. 
Civ. '02, § 281; G. S. 184; R. S. 238; 1882, XVII, 994. 

§ 311. Comptroller- General May Question Officers, Examine Books, 
etc. — The Comptroller-General, or any person appointed by him for that pur- 
pose, may put any question, in writing, he may deem proper to any officer, agent 
or receiver of any railroad company having any portion of its track in this State ; 
and he may summon any officer, receiver or agent of such company to appear be- 
fore him and testify, under oath (which oath said Comptroller-General is au- 
thorized to administer), touching such railroad company's property, and the 
management and disposition thereof; and he may, by himself or some person 
appointed by him, examine the books and papers of such company in the hands 
of the company, or any of its officers, agents or receivers ; and all such officers, 
agents and receivers shall answer, under oath, all such questions as shall be put 
to them, or either of them, by said Comptroller-General or any person appointed 
by him for that purpose, relative to the condition, amount and value of said 
company's property and the management or disposition thereof. i° 

Civ. '02, § 282; G. S. 185; R. S. 239; 1882, XVII, 994. 

§ 312. State Board Assessors of Railroad Property— Meetings — As- 
sessment — Changes of Valuations — Records — Decisions. — The Treasurer 
of the State, Secretary of State, Comptroller-General and Attorney-General of 
the State, and the Chairman of the Board of Railroad Commissioners of this 
State, shall constitute a State Board of Assessors, a majority of whom shall con- 
stitute a quorum for the transaction of business, who shall meet at the office of 
the Comptroller-General on the second Wednesday of May, annually, or as soon 
thereafter as the Comptroller-General shall notify said Board that the returns 
of the several railroad companies have been filed in his office, and shall determine 
and assess the value of the property of railroad companies whose roads are 
wholly or partially in this State, returned to the Comptroller-General under the 
provisions of this Chapter, increasing the value of the road and property of such 
company or companies as shall have been, in their judgment, returned at too 
low a valuation, and diminishing the values of such as may have been returned 
at too high a valuation. They shall keep a record of their proceedings, which 
shall be signed by all of the members present and deposited with and kept by 
the Comptroller-General; and a majority of the members present shall be compe- 
tent to decide all questions which may come before said Board.^^ 

Civ. '02, § 283; G. S. 186; R. S. 240. 

§ 313. Comptroller- General to Certify to Auditors — Auditors to 
Charge Taxes. — The Comptroller-General shall certify to the County Auditor 
of each County into which any railroad or part thereof may be located, the val- 
uations of railroad property in said County as determined and assessed by the 
State Board of Assessors, with all additions made to or deductions from the val- 
uation of the property of any railroad company in said County by the State 
Board of Assessors ; and the County Auditor shall charge the railroad com- 
pany or companies in the several cities, towns, townships and incorporated vil- 
lages of their County, for taxation, with the valuation determined and assessed 
by the State Board of Assessors. 

Civ. '02, § 284; G. S- 187; R. S. 241. 

§ 314. Proceedings in Case of No Return — Penalty — Auditors to Be 
Certified. — If any railroad company, or its officers, shall fail to make the returns 
to the Comptroller and to each County Auditor in each County in which such 

15. For violation of this section, see Criminal held that "equalize" must be used with reference 
Code, § 690. to language of constitution and must be construed 

16. XJnder a former statute (Gen. St. 186), their to mean to secure equality. Chamberlain v. Walter, 
duties were to "equalize the value" and it was 60 Fed. Rep. 788, 792. 



§§315-316] OF SOUTH CAROLINA. ' 119 

railroad or part thereof may be located, as herein required, on or before the 
twentieth day of February, annually, the State Board of Assessors shall proceed 
to ascertain the value of said company's road and property according to the 
principles prescribed herein from the best information they can conveniently ob- 
tain, and add thereto fifty per centum as penalty, and apportion the same to the 
several Counties, towns, townships, cities and incorporated villages through or 
into which said road or any part thereof may be located, and the Comptroller- 
General shall certify the same to the several County Auditors, who shall place 
the same on their duplicates for taxation. 

Civ. '02, § 285; G. S. 188; R. S. 242; 1897, XXII, 453. 

§ 315. Proceedings to Test Right of Railroad Companies to Exemp- 
tion from Taxation. — The Attorney-General is hereby directed to proceed 
to institute proceedings to test the right of any railroad company in this State to 
an exemption from taxation if in his judgment he thinks it proper to do so. 

One Action for All Taxes. — The State, in such case, may bring one 
action for all taxes due. State, County, "ordinary" and "special," and recover the 
whole in one proceeding. 

Distribution of Taxes Recovered, — Any taxes so recovered shall, after pay- 
ing the expenses of collection, be distributed amongst the State and Counties 
interested, according to the respective interests of each under their respective 
levies for the year for which recovery is made. 

Right of Compromise. — The Railroad Board of Assessors, on behalf of the 
State, and the Supervisors of the Counties and the attorneys representing them 
in any such proceeding, on behalf of the Counties, shall have the right to com- 
promise and settle with any such railroad companies as may be proceeded against 
under this Section on such basis as they shall deem proper and just. 

Inapplicability of Other Parts of Code to Proceedings. — Nothing con- 
tained in Chapter III, Title II, Part II of the Code of Civil Procedure shall 
apply to any action or proceeding instituted under this Section. 

Other Remedies Not Impaired. — Nothing in this Section shall be construed 
to impair any other remedy than those herein provided which the State or any 
of its agents or the Counties now have for the collection of any such taxes. ^'^ 

Civ. '02, § 286. 

§ 316. Assessment and Valuation of Railroad Property — Not on Tax 
Bonds. — When railroad property has not been returned nor assessed for any 
year, and not put on the tax books for such year or years, and no taxes were 
paid thereon, and more than a year has elapsed since taxes for such years, if 
assessed at the proper time, would have been due, the said taxes shall be assessed 
by the Railroad Board of Assessors, which shall be convened in extra session 
by the Secretary of State for such purpose, on the petition of any County 
Supervisor in whose County any part of such railway may lie. 

Such Board shall fix the value of said road for each year in which it shall appear 
that said road has been ofif the books, separately, and its valuation, and this, with • 
the number of miles in each County, shall be certified to the respective County 
Auditors, as the valuation of railroad property is done when regularly returned 
and assessed. 

Auditor to Enter Assessment in Tax BooKS.^Said Auditor shall enter 
the said assessment each year separately in the tax books in his office for the 
respective years, and charge the taxes on said assessment under the levies for 
those years, as if they had been assessed and levied at the usual time ; and he 
shall furnish a certified statement to the County Treasurer, showing the prop- 
erty taxed, the value of the same, and the amount due for each year separately. 

Treasurer to Demand Taxes. — The Treasurer shall immediately demand the 

17. The Circuit Court has jurisdiction of an sessed. State v. Cheraw and D. Ry. Co., 54 S. 
action brought u^nder this Section, and the com- C. 564, 32 S. E. 69L 
plaint must show that the tax has been legally as- 



120 CIVIL CODE [ §§ 317-320 

said taxes of the company in default; or, if he find the property in control of 
another company, demand shall be made of the company which he finds in the 
possession of the property. 

Suits May Be Brought for ColIvECTion of; When and How. — Said taxes 
shall become due as soon as said demand is made, and if they are not paid within 
sixty days from the demands made, there may be an action brought in the 
name of the State, by the Attorney-General, and such counsel as the Counties 
interested may employ, against the company in default, and any company which 
may be in possession of the property which has escaped taxation, for the recovery 
of said taxes ; and suit may be brought for each year separately, or for all the 
years consolidated. 

Limitation of x\ssessme:nt. — The assessment herein provided for shall be 
limited to the period of ten years immediately preceding the restoration of said 
railroad property to the tax books, and no recovery shall be had hereunder for a 
longer period than ten years. 

Civ. '02, § 287; 1900, XXIII, 354. 

The Provisions of This Section Shall Xot Apply to any railroad property 
which may be hereafter adjudged by the Courts to be exempt by law from the 
taxes which may be assessed against it under this Section. 

1901, XXIII, 871. 

Other Re;mi^diEs Not Impaired. — Nothing herein contained shall be con- 
strued to impair in any way the right of the State, or any of its officers or 
agencies, to collect such taxes in any other method provided by law. 

1900, XXIII, 355. 

§ 317. Telegraph Companies Defined. — Any joint stock association, 
company, copartnership or corporation, whether incorporated under the laws of 
this State, or of any other State, or of any foreign nation, engaged in transmitting 
to, from, through, in or across the State of South Carolina telegraphic messages, 
shall be deemed and held to be a telegraph company. 

Civ. '02, § 288; 1898, XXII, 713. 

§ 318. Express Companies Defined. — Every joint stock association, com- 
pany, copartnership or corporation incorporated or acting under the laws of 
this or any other State, or any foreign nation, engaged in conveying to, from, 
through, in or across this State, or any part thereof, money, packages, gold, silver, 
plate, merchandise, freight or other articles, under any contract, express or 
implied, with any railroad company, or the managers, lessees, agents or receivers 
thereof, provided such joint stock association, company, copartnership or cor- 
poration is not a railroad company, shall be deemed and held to be an express 
company within the meaning of this article. ^^ 
Civ. '02, § 289; 1898, XXII, 713. 

§ 319. Sleeping Car Companies Defined. — Every joint stock association, 
company, copartnership or corporation incorporated or acting under the laws of 
this or any other State, or of any foreign nation, and conveying to, from, through, 
in or across this State, or any part thereof, passengers or travelers in palace cars, 
drawing-room cars, sleeping cars, dining cars, or chair cars, under any contract, 
express or implied, with any railroad company, or the managers, lessees, agents 
or receivers thereof, shall be deemed and held to be a sleeping car company for 
the purposes of this Article. 

Civ. '02, § 290; 1898, XXII, 713. 

§ 320. Verified Statements of Telegraph, Telephone, Express and 
Sleeping Car Companies to Comptroller- General. — Eveiy such telegraph, 
express, sleeping car, and every telephone company doing business in this State, 

IS. Soutliern Express Co. v. Hood, 15 Rich. 66. 



§ 320] OF SOUTH CAROLINA. - 121 

whether incorporated under the laws of this State, or of any other State, or of 
any foreign nation, shall annually, between the first day of January and the twen- 
tieth day of February, make out and deliver to the Comptroller-General of this 
State a statement, verified by the oath of the officer or agent of such company 
making such statement, with reference to the thirty-first day of December next 
preceding, showing, ■ 

First. The total capital stock or capital of said association, copartnership or 
corporation. 

Second. The number of shares of capital stock issued and outstanding, and the 
par or face value of each share ; and in case no shares of capital stock are issued, 
in what manner the capital thereof is divided, and in what manner such holdings 
are evidenced. 

Third. Its principal place of business. 

Fourth. The market value of the said shares of stock on the first day of De- 
cember next preceding, and if such shares have no market value, then the actual 
value thereof ; and in case no shares of stock have been issued, state the market 
value, or the actual value in case there is no market value, of the capital thereof, 
and the manner in which the same is divided. 

Fifth. The real estate, structures, machinery, fixtures and appliances owned 
by said association, company, copartnership or corporation, and subject to local 
taxation within the State of South Carolina, and the location and assessed value 
thereof in each County or township where the same is assessed for local taxation. 

Sixth. The specific real estate, together with the improvements thereon, owned 
by said association, company, copartnership or corporation, situate outside the 
State of South Carolina, and not used directly in the conduct of the business, 
with a specific description of each piece, where located, the purpose for which the 
same is used, and the sum at which the same is assessed for taxation in the 
locality where situate. 

Seventh. All mortgages upon the whole or any part of its property, together 
with the dates and amounts thereof. 

And in the case of telegraph and telephone companies : 

Eighth, (a) The total length of the lines of said association or company. 

(b) The total length of so much of their lines as is outside the State of South 
Carolina. 

(c) The length of the lines within each of the Counties and Townships within 
the State of South Carolina. 

And in the case of ah express company : 

Eighth, fa) The total length of the lines or routes over which such associa- 
tion, company, copartnership or corporation transports such merchandise, freight 
or express matter. 

(b) The total length of such lines or routes as are outside the State of South 
Carolina. 

(c) The length of such lines or routes within each of the Counties and Town- 
ships within the State of South Carolina. 

And in the case of a sleeping car company : 

Eighth, (a) The total length of the main lines of all the railroad companies 
over which said cars are run. 

(b) The total length of so much of the main lines of all the railroad com- 
panies over which said cars are run as is outside the State of South Carolina. 

(c) The length of the lines of said railroad companies over which said cars 
are run within each of the Counties and Townships within the State of South 
Carolina : Provided, That where the railroads over which said lines run have 
double tracks, or a greater number of tracks than a single track, the statement 
shall only give the mileage as though such tracks were but a single track ; and, in 
case the Comptroller-General shall require it, such statement shall show in detail 
the number of miles of each or any particular railroad system or division. 

Civ. '02, § 291; 1898, XXII, 713. 



122 CIVIL CODE [ §§ 321-323 

§ 321. Comptroller- General to Examine Statements — Duties of in Re- 
lation Thereto, etc. — Upon the filing of such statements, the Comptroller- 
General shall examine them, and each of them, and if he shall deem the same 
insufficient, or in case he shall deem that other information is requisite, he shall 
require such officer to make such other and further statements as said Comp- 
troller-General may call for. In case of the failure or refusal of any association, 
company, copartnership or corporation to make out and deliver to the Comp- 
troller-General any statement or statements required by Sections 317 to 320 in- 
clusive, such association, company, copartnership or corporation shall forfeit and 
pay to the State of South Carolina one hundred ($100) dollars for each additional 
day such report is delayed beyond the t\\entieth day of February, to be sued and 
recovered in any proper form of action in the name of the State of South Caro- 
lina on the relation of the Comptroller-General, and such penalty, when collected, 
shall be paid into the general fund of the State. 

Civ. '02, § 292; 1898, XXII, 713, § 5. 

§ 322. Comptroller- General to Lay Statements before the State 
Board of Assessors — Duties of Board. — Upon the meeting of the State Board 
of Assessors for the purpose of assessing railroad and other property, said 
Comptroller-General shall lay such statements, with such information as may 
have been furnished him. before said State Board of Assessors, who shall there- 
upon value and assess the property of each association, company, copartnership 
or corporation, in the manner hereinafter set forth, after examining such state- 
ments and after ascertaining the value of such properties therefrom, and from 
such other information as they may have or obtain. For that purpose they may 
require the agents or officers of said association, company, copartnership or cor- 
poration to appear before them with such books, papers or statements as they 
may require, or they may require additional statements to be made to them, and 
may compel the attendance of witnesses, in case they shall deem it necessary, to 
enable them to ascertain the true cash value of such property. 

Civ. '02, § 293; 1898, XXII, 713, § 6. 

§ 323. Board of Assessors to Ascertain Value of Property. — Said State 
Board of Assessors shall first ascertain the true cash value of the entire property 
owned by said association, company, copartnership or corporation from said 
statements or otherwise, for that purpose taking the aggregate value of all 
the shares of capital stock, in case said shares have a market value, and in case 
they have none, taking the actual value thereof, or of the capital of said associa- 
tion, company, copartnership or corporation, in whatever manner the same is di- 
vided, in case no share of capital stock have been issued : Provided, however, 
That in case the whole, or any portion, of the property of such association, com- 
pany, copartnership or corporation shall be incumbered by a mortgage or mort- 
gages, such Board shall ascertain the true cash value of such property by adding 
to the market value of the aggregate shares of stock or to the value of the 
capital in case there shall be no such shares, the aggregate amount of such 
mortgage or mortgages, and the result shall be deemed and treated as the 
true cash value of the property of such association, company, copartnership 
or corporation. Such Board of Assessors shall, for the purpose of ascertaining 
the true cash value of the property within the State of South Carolina, next as- 
certain from such statements, or otherwise, the assessed value for taxation, in the 
localities where the same is situated., of the several pieces of real es- 
tate situate within the State of South Carolina and not specifically 
used in the general business of such association, companies, copartner- 
ships or corporations, which said assessed values for taxation shall be by said 
Board deducted from the gross value of the property as above ascertained. Said 
State Board of Assessors shall next ascertain and assess the true cash value of 
the property of such associations, companies, copartnerships or corporations 
within the State of South Carolina by taking the proportion of the whole aggre- 



§§324-326] OF SOUTH CAROLINA. 123 

gate value of said associations, companies, copartnerships or corporations, as 
above ascertained, after deducting the assessed value of such real estate without 
the State, which the length of the hues of said associations, companies, copartner- 
ships or corporations, in thd case of telegraph and telephone companies within the 
State of South Carolina, bears to the total length of the lines thereof ; and in the 
case of palace, drawing-room, sleeping, dining or chair car companies, the pro- 
portion shall be the proportion of such aggregate value, after such deductions, 
which the length of the lines within the State, over which said cars are run, bears 
to the length of the whole lines over which said cars are run ; and in the case of 
express companies, the proportion shall be the proportion of the whole aggregate 
value, after such deductions, which the length of the lines or routes within the 
State of South Carolina bears to the whole length of the lines or routes of such 
associations, companies, copartnerships or corporations, and such amount, so as- 
certained, shall be deemed and held as the entire value of the property of said as- 
sociations, companies, copartnerships or corporations within the State of South 
Carolina. From, the entire value of the property within the State so ascertained 
there shall be deducted by the Board the assessed value for taxation of all real 
estate, structures, machinery and appliances within the State and subject to local 
taxation in the Counties and Townships, as hereinbefore described in Item No. 5 
of Section 320, and the residue of such value so ascertained, after deducting 
therefrom the assessed value of such local properties, shall be by said Board as- 
sessed to said association. 

Civ. '02, § 294; 1898, XXII, 713, § 7. 

§ 324. How Value of Property Ascertained. — Said State Board of As- 
sessors shall thereupon ascertain the value per mile of the property within the 
State by dividing the total value, as above ascertained, after deducting the specific 
properties locally assessed within the State by the number of miles within the 
State, and the result shall be deemed and held as the value per mile of the property 
of such association, company, copartnership or corporation within the State of 
South Carolina. 

Civ. '02, § 295; 1898, XXII, 713, § 8. 

§ 325. Value Certified to Comptroller- General by State Board Certi- 
fied to Auditor — Apportionment of Auditor. — Said State Board of Assessors 
shall thereupon, for the purpose of determining what amount shall be assessed 
by it to said association, company, copartnership or corporation in each County in 
the State through, across, into or over which the line of said association, com- 
pany, copartnership or corporation extends, multiply the value per mile, as above 
ascertained, by the number of miles in each of such Counties as reported in said 
statements, or as otherwise ascertained, and the result thereof shall be by 
said Board certified tQ the Comptroller-General, who shall thereupon certify the 
same to the Auditors, respectively, of the several Counties through, into, over or 
across which the lines or routes of said association, company, copartnership or 
corporation extend, and such Auditors shall apportion the amount certified for 
their Counties, respectively, among the several Townships into, through, over or 
across which such lines or routes extend in proportion to the length of the lines 
in such townships. 

Civ. '02, § 296; 1898, XXII, 713, § 9. 

§ 326. Auditors May Require Agents to Report, etc. — To enable said 
County Auditors to properly apportion the assessments between the several 
Townships, they are authorized to require the agent of said association or com- 
pany to report to them, respectively, under oath, the length of the lines in each 
Township, and the Auditor shall thereupon add to the value so apportioned the 
assessed valuation of the real estate, structures, machinery, fixtures and appli- 
ances situated in any Township, and extend the taxes thereon upon the duplicates, 
as in other cases. 

Civ. '02, § 297; 1898, XXII, 713, § 10. 



124 CIVIL CODE [ §§ 327-329 

§ 327. Actions for Penalty for Failure or Refusal to Pay Taxes — 
Distribution. — -In case any such association, copartnership or corporation as 
named in Sections 317 to 320 inclusive shall fail or refuse to pay any taxes as- 
sessed against it in any County or Township in the State, in addition to other 
remedies provided by law for the collection of taxes, an action may be prosecuted 
in the name of the State of vSouth Carolina by the Solicitors of the different 
Judicial Circuits of the State on the relation of the Auditors of the different 
Counties of this State, and the judgment in said action shall include a penalty 
of fifty per cent, of the amount of taxes as assessed and unpaid, together with 
reasonable attorney's fees for the prosecution of such action, which action may 
be prosecuted in any County into, through, over or across which the line or route 
of any such association, copartnership, company or corporation shall extend, or 
in any County where such association, company, copartnership or corporation 
shall have an office or agent for the transaction of business. In case such associa- 
tion, company, copartnership or corporation shall have refused to pay the whole 
of the taxes assessed against the same by said State Board of Assessors, or in 
case such association, company, copartnership or corporation shall have refused 
to pay the taxes, or any portion thereof assessed to it in any particular County 
or Counties, Township or Townships, such action may include the whole or any 
portion of the taxes so unpaid in any County or Counties, Township or Town- 
ships ; but the Attorney-General may, at his option, unite in one action the entire 
amount of the tax due, or may bring separate actions in each separate County or 
Township, or join Counties and Townships, as he may prefer. All collection of 
taxes for or on account of any particular County made in any such suit or suits 
shall be by said Comptroller-General accounted for as a credit to the respective 
Counties for or on account of which such collections were made by said Comp- 
troller-General at the next ensuing settlement with such County; but the penalty 
so collected shall be credited to the general fund of the State ; and upon such 
settlement being made, the Treasurers of the several Counties shall, at their next 
settlements, enter credits upon the proper duplicates in their offices, and at the 
next settlement with such County report the amount so received by him in his 
settlement with the State, and proper entries shall be made with reference 
thereto : Provided, however, That in any such action the amount of the assess- 
ment fixed by said State Board of Assessors, and apportioned to such County, 
or apportioned by the County Auditor to any particular Township, shall not be 
controverted. 

Civ. '02, § 298; 1898, XXII, 713, § 11. 

§ 328. Special Provisions as to Past Due Taxes on Such Companies, 

— All moneys now due the State, or which may become due on the 20th day of 
February, 1898, or at any other time, on account of any assessment or charge 
made against any of the joint stock associations, persons, companies or corpora- 
tions on account of per cent, on gross or net earnings for the preceding year or 
years, and all penalties and charges thereon growing out of any failure to make 
reports on payments as now required by the provisions of any Act repealed 
hereby, shall be paid and collected under the provisions of said repealed Acts the 
same as if said Acts were not repealed ; and any suit brought for the recovery of 
such money, taxes or penalties shall be begun under the provisions of said repealed 
Acts and prosecuted to final judgment thereunder in all respects, the same as if 
said Acts were continued in full force ; and it is hereby expressly provided that 
all the rights of the State accrued, or which may accrue on the 20th day of Feb- 
ruary, 1898, on account of receipts for the preceding years, are hereby saved 
from the operations of the aforesaid repealing clause. 
Civ. '02, § 299; 1898, XXII, 713, § 11. 

§ 329. Penalty for Failure of Companies to Make Statements. — If any 

express, telegraph, telephone or sleeping car company shall fail to make and de- 
liver to the Comptroller-General the statement required in this Chapter on or 



§§ 330-332 ] OP SOUTH CAROLINA. , ' 125 

before the 20th day of February, annually, such company shall forfeit and pay 
to the State of South Carolina five hundred dollars as a penalty; and the Comp- 
troller-General shall certify the fact of such failure tO' the Auditor of any County 
' in this State in which said company may have an office or an agent, and said 
Auditor shall place the same on the duplicate of said County ; and if any express 
or telegraph company shall fail to make to the Auditor of any County in this 
State the statement required by this Chapter on or before the 20th day of Feb- 
ruary of any year, such County Auditor shall notify the Comptroller-General 
thereof ; and if the Comptroller-General shall have received from said company 
the statement required to be made to him by said company, he shall certify the 
amount returned as in said County to such County Auditor, and add thereto, as 
penalty, the sum of ten dollars, which shall be charged to said company on the 
duplicate of said County, collected and paid over to the State Treasurer, in the 
same manner herein provided as to the penalty for not making the return to the 
Comptroller-General : Proznded., That if any express or telegraph company shall 
fail to return the statement required by this Chapter to the Comptroller-General, 
and the Comptroller-General shall certify such failure to any County Auditor, 
such County Auditor shall proceed to ascertain the gross receipts of each agent 
of said company in his County for the year ending the first day of January of 
tliat year, together with the value of all other property of the company in his 
County, add fifty per cent, thereto as penalty, and charge the company with taxes 
thereon at the several localities required by this Chapter, without an}^ reduction 
for expenses paid out by the couipany. And if such company shall have no prin- 
cipal office or agency in this State to which the other agents in the State are re- 
quired to make return, each agent thereof in any County shall make return in 
the month of January on or before the 20th of February, annually, of the gross 
receipts of his agency for the year ending the first day of that month, with the 
value of all other property of the company in the city, village or town in which 
his agency is situate, and the County Auditor shall charge the company with 
taxes thereon at the same rates as other property in the same localities; and if 
such agent or agents refuse or neglect to make such return, the County Auditor 
shall ascertain the amount of such gross receipts and value of property, add fifty 
per cent, thereto as penalty, and charge such company with taxes thereon at the 
same rates charged other property at the several localities where such property 
may be situate and such agencies located. 

Civ. '02, § 300; G. S. 190; R. S. 244; 1882, XVII, 997. 

§ 330. Form of Return of Foreign Express, Telegraph, Telephone and 
Sleeping Car Companies. — All returns required to be made by express, sleep- 
ing car and telephone and telegraph companies having their principal offices out 
of this State, shall be made in such form as the Comptroller-General shall pre- 
scribe; and the Comptroller-General is authorized to require answers, under 
oath, to any questions he may put to the principal, or any other agent of any of 
said companies in this State, and to examine any of such agents, under oath, 
relative to the property and affairs of such companies, and the management 
thereof, which oath he may administer. 

Civ. '02, § 301; G. S. 191; R. S. 24.5; 1882, XVII, 998. 

§ 331. Return of Domestic Insurance Companies. — Every insurance 
company organized under the laws of this State shall return all its personal 
property, moneys, credits (including notes taken on subscription of stock), in- 
vestments in bonds, stocks, securities and assets of every kind for taxation at the 
place where its principal office is located. 

Civ. '02, § 303; G. S. 193; R. S. 247; 1882, XVII, 999. 

§ 332. Return of Domestic Corporations Owning Property in Other 
States. — Any company or corporation organized under the laws of this State, 
and owning property in any other State or county, as well as in this State, shall 
not be required to return its capital for taxation in this State, but shall return 



126 CIVIL CODE [ §§ 333-337 

such property as it owns in this State, and such proportion of the value of its 
other property as if owned by the individual residents of this State, would be 
taxable in this State; and if such return be made by such company, the share- 
holders therein shall not be required to return their shares for taxation. 
Civ. '02, § 304; G. S. 194; R. S. 248; 1882, XVII, 999. 

§ 333. Domestic Corporations Owning No Property in the State, — 

A corporation organized under the laws of this State, but owning no property in 
this State, shall not be required to return its capital for taxation in this State. 
Civ. '02, § 305; G. S. 195; R. S. 249; 1882, XVII, 999. 

§ 334. How Property of Corporations Listed. — All companies and cor- 
porations, whether organized under the laws of this State or not, the manner 
of listing whose personal property is not otherwise specifically provided for by 
law, shall list for taxation all their personal and real property and effects at the 
same time, in the same manner, and in the same localities as individuals are re- 
quired to list similar property and effects for taxation. 

Civ. '02, § 306; G. S. 196; R. S. 250; 1882, XVII, 999. 

§ 335. Corporations Organized as Well under Laws of This as of An- 
other State — Taxes. — Any company incorporated under a joint charter granted 
by this and some other State or States, and the manner of taxing which, or the 
amount upon which it shall be taxed, or the specific proportion of its capital or 
property upon which taxes shall be assessed in South Carolina, is prescribed or 
fixed in its charter, shall be assessed for taxation and taxed as prescribed in this 
Chapter until otherwise legally provided. 

Civ. '02, § 307; G. S. 197; R. S. 251; 1882, XVII, 1000. 

§ 336. Refusal to Pay Works a Forfeiture. — Whenever any corporation 
chartered under the laws of this State shall, within thirty days after the time 
required and permitted by law for taxes to be paid, with or without penalty, as 
now required by law, refuse, neglect or omit to pay the taxes for State and 
County purposes, as assessed and levied upon the property of such corporation, 
the charter of such corporation, with all the rights, privileges and franchises 
thereunder, shall become and be deemed forfeited, and the corporate existence of 
such corporation shall be annulled. 

Attorney-Generai, to Bring Action to Annul Act of Incorporation. — 
In every such case it shall be the duty of the Attorney-General, and he is hereby 
required, to bring an action against such corporation for the purpose of vacating 
and annulling the Act incorporating such corporation and all Acts amendatory 
or in renewal thereof in the manner prescribed by Title XIII, Chapter II of the 
Code of Civil Procedure of this State. 

Civ. '02, § 308; 1893, XXI, 395. 



ARTICLE 7. 

Special Rules as to Persons, Firms or Corporations Engaged in TextilL 
Industries. Canals Providing Power for Rent or Hire, and Cotton 
Seed Oil Companies and Fertilizer Companies, and Banks Incorpo- 
rated in This State Which Have Branches in More than One 
County. 

Sec. Sec. 

337. Returns of textile fabric, power, 339. Investigation of returns by State 

canal, cotten seed oil, fertilizer Board of Equalization. 

and certain banking companie.^. 340. Certificate to Auclitor. 

338. Returns forwarded to Comptrol- 

ler-General. 

§ 337. Returns of Textile Fabric, Power, Canal, Cotton Seed Oil, 
Fertilizer and Certain Banking Companies. — All individuals, firms or cor- 



§§ 338-341 ] OF SOUTH CAROLINA. , 127 

porations engaged, or that may be hereafter engaged in this State, in the manu- 
facture of textile fabrics of any kind, and canals providing power for rent or 
hire, and cotton seed oil companies and fertilizer companies, and banks incor- 
porated in this State which have branches in more than one County, shall make 
their returns of property belonging to or connected with such manufacture, as 
usual, for taxation, to the Auditor of the County in which the property is situ- 
ate, and after the same shall be passed on by the Township and County Boards 
of Equalization they shall forward all such returns, with such comments and sug- 
gestions as he shall see fit, to the Comptroller-General as soon as the time for 
making returns has expired. 

Civ. '02, § 309; 1901, XXIII, 613; 1909, XXVI, 36. 

§ 338. Returns Forwarded to Comptroller- General. — It shall be the 
duty of the Comptroller-General to receive and safely keep said returns in his 
office, and the State Board of Equalization shall meet annually, at Columbia, at 
such time and place in said city as shall be fixed and notified to them by the 
Comptroller-General, and when they so convene he shall lay before said Board 
said returns, with such comments and suggestions thereon as he shall see fit. 

Civ. '02, § 310; 1901, XXIII, 613. 

§ 339. Investigation of Returns by State Board of Equalization. — 

The State Board of Equalization are hereby authorized and empowered to in- 
vestigate and pass on said returns and to equalize the same both as to real and 
personal property, in order to obtain uniformity of taxation upon the property 
of such industries; and to that end may adopt and promulgate such rules and 
regulations as may be just and equitable. In case any return so laid before said 
State Board is raised by it, then and in such case an adjourned meeting must be 
fixed by the Board for hearing the party or corporation whose return is raised, 
and due notice thereof by mail must be given of said meeting to said party or 
corporation. 

Civ. '02, § 311. 

§ 340. Certificate to Auditor. — When said State Board shall have finally 
acted on said returns, their actions shall be certified to the Comptroller-General, 
who shall transmit the same, in so far as it affects the property of any County, 
to the Auditor of said County, who shall enter the same, according to law, on 
the tax books of his County. 

Civ. '02, § 312. 



ARTICLE 8. 

Special Rules as to Banks and Bank Stock and Unincorporated Bankers 

AND Banking Associations. 

Sec. Sec. 

341. Bank stocks. 348. Proceedings where bank fails to 

342. Real estate of banks. make return, and penalty for 

343. Must keep list of shareholders and false return. 

depositors. 349. Unincorporated banks and bank- 

344. Time of return to Auditor of share- ers — Mode of assessing. 

holders and of real estate of 350. How average obtained, 

bank. 351. Who are bankers. 

345. How tax assessed and apportioned 352. Auditors' power to enforce returns 

among shareholders. — Penalty for defaujt of or false 

346. Tax a lien on shares. returns. 

347. Bank may pay tax of shareholders. 353. Provisions herein to apply to cer- 

tain banks. 

§ 341. Bank Stocks. — All shares of the stockholders in any bank or 
banking association, located in this State, whether now or hereafter incorpo- 
rated or organized under the laws of this State, or of the United States, shall be 
listed at their true value in money, and taxed in the city, ward, town or incor- 



128 CIVIL CODE [ §§ 342-347 

porated village where such bank is located, and not elsewhere : Provided^ That 
the words "true value in money," as used in this Section, shall be so construed 
as to mean and include all surplus or extra moneys, capital and every species of 
personal property of value owned or in the possession of any such bank. 
Civ. '02, § 313; G. S. 198; R. S. 253; 1882, XVII, 1000. 

§ 342. Real Estate of Banks. — The real estate of any such bank or 
banking association shall be taxed in the place where the same may be located, 
the same as the real estate of individuals. 

Civ. '02, § 314; G. S. 199; R. S. 254; 1882, XVII, 1000. 

§ 343. Must Keep List of Shareholders and Depositors. — There shall 
at all times be kept in the office where the business of such bank or banking as- 
sociation is transacted, a full and correct list of the names and residences of the 
stockholders therein, and the number of shares held by each ; also a list of all 
persons, parties, corporations or agents who may at any time have any deposit, 
either personal or general, in such bank, which shall be at all times during busi- 
ness hours open to the inspection of all State and County officers who are or may 
be authorized to list or assess the value of such shares for taxation. 

Civ. '02, § 315; G. S. 200; R. S. 255; 1882, XVII, 1000. 

§ 344. Time of Return to Auditor of Shareholders and of Real Es- 
tate of Bank. — It shall be the duty of the President and Cashier of every 
such bank or banking association, between the first of January and 2Pth of Feb- 
ruary, annually, to make out and return, under oath, to the Auditor of the County 
in which such bank or banking association may be located, a full statement of 
the names and residences of the stockholders therein, with the number of shares 
held by each, and the actual value in money of such shares, together with a de- 
scription of the real estate owned by said bank. 

Civ. '02, § 316; G. S. 201; R. S. 256; 1882, XVII, 1000. 

§ 345. How Tax Assessed and Apportioned among Shareholders. — 

The Auditor of the County in which any such bank or banking association may 
be located, upon receiving the return provided for in the preceding Section, shall 
deduct from the actual total value of the shares in any such bank or banking as- 
sociation the appraised value of the real estate owned by such bank or banking 
association, as the same stands assessed on the duplicate, and the remainder of 
the total value of such shares shall be entered on the duplicate of the County in 
the names of the owners thereof in amounts proportioned to the number of 
shares owned by each, as returned on said sworn statement, and be charged with 
taxes at the same rate as charged upon the value of other personal property at 
the place where such bank or banking association is located. 
Civ. '02, § 317; G. S. 202; R. S. 257; 1882, XVII, 1000. 

§ 346. Tax a Lien on Shares. — Any taxes assessed on any such shares 
of stock, or the value thereof, in manner aforesaid, shall be and remain a lien 
on such shares from the first day of June in each year until such taxes are paid; 
and, in case of the nonpayment of such taxes at the time required by law by any 
shareholder, and after notice received of the County Treasurer of the non-pay- 
ment of such taxes, it shall be unlawful for the Cashier or other officers of such 
bank or banking association to transfer, or permit to be transferred, the whole or 
any portion of said stock until the delinquent taxes thereon, together with the 
costs and penalties, shall have been paid in full ; and no dividend shall be paid 
on any stock* so delinquent so long as such taxes, penalties and costs, or any part 
thereof, remain due or unpaid. 

Civ. '02, § 318; G. S. 203; R. S. 258; 1882, XVII, 1001. 

§ 347. Bank May Pay Tax of Shareholders. — It shall be lawful for any 
such bank or banking association to pay to the Treasurer of the County in which 
such bank or banking association may be located, the taxes that may be assessed 
upon its shares, as aforesaid, in the hands of its shareholders, respectivelv, and 



§§348-350] OF SOUTH CAROLINA. ■ 129 

deduct the same from any dividends that may be due, or may thereafter become 
due, on any such shares as aforesaid. 

Civ. '02, § 319; G. S. 204; R. S. 259; 1882, XVII, 1001. 

§ 348. Proceedings Where Bank Fails to Make Return, and Penalty 
for False Return. — If any bank or banking association shall fail to make 
out and furnish to the County Auditor the statement required by Section 344 
within the time required herein, it shall be the duty of said Auditor to examine 
the books of said bank or banking association, also to examine any officer or 
agent ■ thereof , under oath, together with such other persons as he may deem 
proper, and make out the statement required by said Section, and enter the value 
of said shares on the duplicate for taxation. Any bank officer faiHng to make 
out and furnish to the County Auditor the statement, or willfully making a false 
statement, as herein required, shall be liable to a fine not exceeding one thou- 
sand dollars, together with all costs and other expenses incurred by the Auditor, 
or other proper officer, in obtaining such statement aforesaid. 

Civ. '02, § 320; G. S. 205; R. S. 260; 1882, XVII, 1001. 

§ 349. Unincorporated Banks and Bankers — Mode of Assessing. — 

All unincorporated banks and bankers shall, annually, between the first of June 
and twentieth of July, make out and return to the Auditor of the proper County, 
under oath of the owner or principal officer or manager thereof, a statement, 
setting forth : 

1st. The average amount of notes and bills receivable, discounted, or pur- 
chased in the course of business by such unincorporated bank, banker, or bank- 
ers, and considered good and collectible. 

2d. The average amount of accounts receivable. 

3d. The average amount of cash items in possession or in transit. 

4th. The average amount of all kinds of stocks, bonds, or evidences of in- 
debtedness, held as investment, or in any way representing assets. 

5th. The average amount of real estate at its assessed value for taxation. 
' 6th. The average amount of all deposits made with them by other parties. 

7th. The average amount of accounts payable, exclusive of current deposit 
accounts. 

8th. The average amount of governm.ent and other securities, specifying the 
kinds that are exempt from taxation. 

9th. The amount of capital paid in or employed in such banking business, to- 
gether with the number of shaies or proportional interest each shareholder or 
partner has in such association or partnership. 

From the aggregate sum of the first five items above enumerated, the said 
Auditor shall deduct the aggregate sum of the fifth, sixth, seventh and eighth 
items, and the remainder thus obtained shall be entered on the duplicate of the 
County in the name of such bank, banker, or bankers, and taxes thereon shall be 
assessed and paid, the same as is provided for other property as assessed and 
taxed in the same city, ward, town or incorporated village. 

Civ. '02, § 321; G. S. 206; R. S. 262; 1882, XVII, 1002. 

§ 350. How Average Obtained. — The average provided for in the pre- 
ceding Section shall be obtained by adding together the amounts of each item 
above specified, owned by or standing on the books of such bank, banker, or 
bankers, on the first day of each month of the year ending the last day of De- 
cember next preceding the year in which the return is made, and dividing the 
same by the number of months in the year : Provided, That in cases where such 
bank, banker, or bankers commenced business during the preceding year, the 
division shall be made by the number of months elapsed after the commence- 
ment of such business : Provided, That all fractions of a month shall be counted 
as a month. 

Civ. '02, § 322; G. S. 207; R. S. 263; 1882, XVII, 1003. 

S C C— 9 



130 CIVIL CODE [ §§ 351-354 

§ 3 51. Who Are Bankers. — Every company, association, or person not 
incorporated under any law of this State, or of the United States, for banking 
purposes, who shall keep an office or other place of business, and engage in the 
business of lending money, receiving money on deposit, buying and selling bul- 
lion, bills of exchange, notes, bonds, stocks, or other evidences of indebtedness, 
with a view to profit, shall be deemed a bank, banker, or bankers, within the 
meaning of the provisions of this Chapter. 

Civ. '02, § 323; G. S. 208; R. S. 261; 1882, XVII, 1003. 

§ 3 52. Auditors' Power to Enforce Returns — Penalty for Default of 
or False Returns. — The Auditor shall have the same powers to enforce cor- 
rect returns from bank officers and bankers, to examine witnesses and enforce 
their attendance, and have the same aid "of the Court of General Sessions of the 
County, as is provided by law in cases where individuals fail to list their property 
for taxation, or are suspected of having made false returns ; and in all cases of 
failure to make returns under this Article, or in case of false return by any un- 
incorporated bank, banker, or bankers, the Auditor shall ascertain the true 
amount, as near as may be, add fifty per cent, penalty thereto, and charge the 
party or parties with the taxes on the amount so ascertained by him, with the 
penalty aforesaid; but in cases of unintentional mistake in making the return, 
the true amount only shall be charged against the parties, without penalty. 

Civ. '02, § 324; G. S. 209; R. S. 264; 1882, XVII, 1003, § 194. 

§ 353. Provisions Hereinto Apply to Certain Banks. — The provisions 
of the various sections of this Chapter shall apply to banks incorporated in this 
State which have branches in more than one county. 

1909, XXVI, 36. 



ARTICLE 9. 
Tax on Incomes; SpEciai, RuIvES for. 

Sec. • Sec. 

354. Graduated tax on incomes. 358. Returns — How and when made. 

355. Computation of incomes. 359. Penalty for failure to make re- 

356. Definitions of terms. turn — False return. 

357. When and how tax shall be col- 360. Returns subject to existing tax 

lected. laws. 

§ 354. Graduated Tax on Incomes. — There shall be annually assessed, 
levied and collected upon the gains, gross profits and income received during the 
preceding calendar year by every citizen of this State, whether such gains, profits 
or income be derived from any kind of property, rents, interest, dividends, or 
salaries, or from any profession, trade, employment or vocation carried on in 
this State, or from any other source whatever, a tax of one per centum on the 
amount so derived over and above $2,500 and up to $5,000; one and one-half per 
centum on $5,000 and over, up to $7,500; two per centum on $7,500 and over, 
up to $10,000; two and one-half per centum on $10,000 and over, up to $15,000; 
three per centum on $15,000 and over; and a like tax shall be assessed, levied and 
collected annually upon the gains, profits and income from all property owned, 
and every business, trade or profession carried on in this State by persons re- 
siding without this State, excepting such corporatioris as are hereinafter ex- 
cepted: Provided, That in estimating the gains, profits and income there shall 
not be included interest upon such bonds or securities of this State, or of the 
United States, the principal and interest of which are, by the law of their issue, 
exempt from taxation.^^ 

Civ. '02, § 325; 1897, XXII, 529. 

19. This and succeeding sections under this ar- 85 S. C. 507, 513, 67 S. E. 781, 21 Am. & Eng. 
tide do not deny to the taxpayer equal protection Ann. Cas. 193, 27 L. R. A., N. S., 864n. 
of law or due process of law. Alderman v. Wells, This and succeeding sections under this article. 



§§355-359] OF SOUTH CAROLIXA. . 131 

§ 3 5 5. Computation of Incomes. — In computing incomes, the necessary 
expenses actually incurred in carrying on any business, occupation or profession, 
not including remuneration to the taxpayer for personal supervision or the sup- 
port and maintenance of his or her family, shall be deducted from the gross in- 
come or revenue ; and the word "income," as used in this Article, shall be deemed 
and taken to mean "gross profits :" Provided, That no deduction shall be made 
or allowed for any amount paid out or contracted for permanent improvements 
or betterment made to increase the value of any property or estate, or for the 
increase of capital, capital stock or assets. 

Civ. '02. § 326; 1897, XXII, 529. 

§ 356. Definitions of Terms. — The words "citizen" and "person," as 
used in this Article, shall be deemed to include all natural persons, all copartners 
and all members of any incorporated association, and to exclude, except as here- 
inafter included, all corporations duly chartered by the laws of the United States, 
■and of this or any other State. 

Civ. '02, § 327; 1897, XXII, 529. 

§ 357. When and How Tax Shall Be Collected.— The tax herein pro- 
vided for shall be assessed, levied and collected in the same manner, at the same 
time, as other taxes, and by the same County officials as are now charged Avith 
the assessment, levy and collection of State and County taxes, and shall be paid 
into the State Treasury as other general State taxes. 

Civ. '02, § 328; 1897, XXII, 529. 

§ 358. Returns — How and When Made. — All persons liable for the pay- 
ment of any of the tax herein provided for shall, at the times now or here- 
after provided by law for the making of returns of personal property, make, un- 
der oath, a full and complete list or return, in such form and manner as may be 
directed by the Comptroller-General, to the Auditor of the County in which they 
reside ; or, in case of non-residents, of the County or Counties where said gains, 
profits or income arise, of the amount of their income, gains and profits as afore- 
said, and the property or investment, if any, upon which the same are computed, 
and such other particulars as may be required by the Comptroller-General. 

Fiduciaries to Make Returns. — All persons, whether natural or corporations 
created by charter, acting as guardians, trustees, executors, administrators, 
agents, receivers, or in any other fiduciar}^ capacity, shall make and render a list 
or return as aforesaid to the Auditor of the County in which such persons or 
corporations acting in a fiduciary capacity reside or do business, of the income, 
gains and profits of any minor or person for whom they act. 

Civ. '02, § 329; 1897, XXII, 529. 

§ 359. Penalty for Failing to Make Return — False Return. — Any 

person or corporation failing or refusing to make the list or return required in 
this Article, or rendering a willfully false or fraudulent list or return, shall be 
assessed by the Auditor on account of said income tax, in such amount as ap- 
pears to him from the best information obtainable by him either by examination 
of the defaulting taxpayer or any other evidence, that such taxpayer is liable 
for; and in case of failure or neglect to make said list or return, the said Au- 
ditor shall add fifty per centum as a penalty to the amount of tax due ; and in case 
of a willfully false or fraudulent return or list having rendered, the Auditor shall 
add one hundred per centum as a penalty to said tax; the tax and the additions 

do not violate provisions of § 1, art. 10, Constitu- proviso to annual supply bills authorizing tax ofB- 

tion, that require uniform and equal rate of assess- cers to collect such special taxes as are authorized 

ment and taxation. Alderman v. Wells, 85 S. C. by resolution or act of Legislature, and act has 

507, 517, 67 S. 15. 781, 21 Am. & Eng. Ann. Cas. not been repealed bv any subsequent supply act 

193, 27 Iv. R. A., N. S., 864n. or otherwise. Alderman v. Wells, 85 S. C. 507, 

Income tax act does not violate that provision 520, 67 S. E. 781, 21 Am. & Eng. Ann. Cas. 193, 

of Constitution requiring that law levying tax shall 27 L. R. A., N. S., 864n. 

distinctly state object of same. Alderman v. Wells, Injunction will not be granted to restrain County 

85 S. C. 507, 67 S. E. 781, 21 Am. & Eng. Ann. Auditor from assessing income tax. Fleming v. 

Cas. 193, 27 L. R. A., N. S., 864n. Power, 77 S. C. 528, 58 S. E. 430. 

Income tax is special tax and is included in that 



132 CIVIL CODE [ §§ 360-361 

thereto as a penalty to be assessed and collected in the manner provided for in 
the case of failure to make returns or lists of personal property. 

Civ. '02, § 330; 1897, XXII, 529. 

§ 360. Returns Subject to Existing Tax Laws. — In every respect not 
herein specified, the returns for and the levy and collection of the tax provided 
in this article shall be subject to all the provisions of law relative to the assess- 
ment and collection of taxes on personal property. 
Civ. '02, § 331. 



ARTICLE 10. 

Certain Corporations to jMake Annual Reports and Pay Annual 

License Fees.^o 

Sec. Sec. 

361. Corporations to make annual re- 367. State Board of Assessors to de- 

ports to Comptroller-General. termine gross receipts. 

362. Foreign corporations. 368. Failure to make statement. 

363. How reports shall be made. 369. Board of Assessors to notify 

364. Annual license fee. State Treasurer. 

365. Valuation by Comptroller-General 370. State Treasurer to report to Comp- 

and annual license fee of for- troller-General. 

eign corporations. 371. Failure to pay license. 

366. Reports to be filed with State 372. Exceptions. 

Board of Assessors. 373. Dissolution of corporation. 

§ 361. Corporations to Make Annual Reports to Comptroller- Gen- 
eral. — Every corporation organized under the laws of this State to do business 
for profit, doing business in this State, shall make a report in writing to the 
Comptroller-General, annually, during the month of February, in such form as 
the Comptroller-General may prescribe, containing: 1. The name of the com- 
pany. 2. The location of its principal office. 3. The name and postoffice address 
of the President, Secretary, Treasurer, Superintendent and General Manager, 
and of the members of the Board of Directors. 4. The date of the annual elec- 
tion of such officers. 5. The amount of authorized capital stock and par value 
of each share. 6. The amount of capital stock subscribed, the amount of capital 
stock issued and outstanding, and the amount of capital stock paid up. 7. The 
nature and kind of business in which the company is engaged and its place or 
places of business. 8. The change or changes, if any, in the above particulars 
made since the last report. And all railroad companies, express companies, street 
railway companies, navigation companies, water works companies, power com- 
panies, light companies, telephone companies, telegraph companies, parlor, dining 
and sleeping car companies, exercising the right and privilege of doing business 
or operating under the authority of any grant of authority or permission by this 
State, whether by direct enactment of the General Assembly, or otherwise, and 
also foreign, nonresident corporations engaged in like business and exercising 
similar rights and privileges, shall, in addition to the information above stated, 
also state in said report to the Comptroller-General. 9. The nature of the com- 
pany or corporation and under the laws of what State organized. 

10. Express Companies. — In the case of express companies, the entire re- 
ceipts, including all sums earned or charged, whether actually received or not, 
for business done in this State by each agent of such company doing business in 
this State, giving the name of the office for the fiscal year then next preceding 
for and on account of such company, including its proportion of gross receipts 
for business done by such company within the State in connection with other 

20. This Act construed in British-American Mort- tions, constitutional as to domestic corporations, 

gage Co. V. Jones, 76 S. C. 218, 56 S. E. 983, and Ware Shoals Mfg. Co. v. Jones, 78 S. C. 211. 218, 

77 S. C. 443, 58 S. E. 417. In the last cited case 58 S. E. 811. 
it was held constitutional as to foreign corpora- 



§§362-364] OF SOUTH CAROLINA. 133 

companies ; also the total amount of such receipts for business done within the 
State. 

11. Telegraph and Telephone Companies. — In case of telegraph and tele- 
phone companies, the entire gross receipts, including all sums earned or charged, 
whether actually received or not, for the fiscal year the next preceding, from 
whatever source derived, whether messages, telephone tolls, rentals, or otherwise, 
for business done within this State, at each office within this State, giving the 
name of the office and the total receipts of the company for such period in South 
Carolina from business done within South Carolina. 

12. Railroads. — In the case of each railroad or street railway, situated wholly 
within the State of South Carolina, the gross earnings from its operation, and in 
case of each railroad or street railway, located partly within and partly without 
South Carolina, the gross earnings from the operation of the entire line for the 
fiscal year next preceding, with the number of miles of lines within South Caro- 
lina, and the miles of line without South Carolina. 

13. Navigation Companies. — And in the case of navigation companies, water- 
works companies, power companies, light companies, the entire gross receipts of 
the company, including all sums earned or charged, whether actually received or 
not, for business done within this State for the fiscal year then next preceding, 
including the companies' proportion of gross receipts for business done by it 
within this State in connection with other companies. 

14. Such other facts and information as he may require in the form of return 
prescribed by him. 

1904, XXIV, 462; 1905, XXIV, 828. 

§ 362. Foreign Corporations. — Every corporation organized to do busi- 
ness for profit under the laws of any other State, territory, or country, now or 
hereafter doing business in this State, and owning or using a part of its capital 
or plant in this State, shall, in addition to the other requirements contained in the 
Code of Laws of South Carolina, 1912, and Acts amendatory thereto, during the 
month of February, annually, make a report in writing to the Comptroller-Gen- 
eral, in such form as he may prescribe, containing the same facts as required to be 
reported by domestic corporations in the preceding Section, and in addition 
thereto : 

1. The name and location of its office or offices in South Carolina. The name 
and address of the officers or agents of the company in charge of its business in 
South Carolina. 

2. The value of property owned and used by the company in South Carolina, 
and the value of the property owned and used outside of South Carolina, and 
where such property is situated, stating the County and township and other tax 
division where situated within this State. 

3. The change or changes, if any, in the above particulars since the last an- 
nual report. 

1904, XXIV, 462; 1905, XXIV, 828. 

§ 363. How Reports Shall Be Made. — The report required in Sections 
361 and 362 shall be signed and sworn to before an officer duly authorized to 
administer oath, by the President, Vice-President, Secretary, Superintendent or 
Managing Agent of such company within this State and forwarded to the Comp- 
troller-General. Blanks for making the above report shall be prepared and, on 
application, furnished any company applying therefor by said Comptroller- 
General. 

1904, XXIV, 462; 1905, XXIV, 828. 

§ 364. Annual License Fee. — Every corporation organized under the 
laws of this State to do business for profit, other than railroad companies, ex- 
press companies, street railway companies, navigation companies, water works 
companies, power companies, light companies, telephone companies, telegraph com- 
panies, "parlor, dining and sleeing car companies, shall, upon the filing of the re- 



134 CIVIL CODE [ §§ 365-368 

port required of them in Section 361, pay to the Comptroller-General, on or be- 
fore the first day of April in each year, an annual license fee of one-half of one 
mill upon each dollar paid to the capital stock of said corporations, said license 
fee not to be less than five dollars m any case.^i 
1904, XXIV, 462; 1905, XXIV, 828. 

§ 365. Valuation by Comptroller- General and Annual License Fee 
of Foreign Corporations. — Upon the filing of the report required of foreign 
corporations in Section 362, the Comproller-General shall, from the facts thus 
reported, and any other facts coming to his knowledge, determine the value of the 
property of such corporation used within this State by them in the conduct of 
their business, and shall file a statement of the value so determined, with the li- 
cense tax pavable thereon, and shall charge and collect from such company, in 
addition to the initial fees provided for in the Code of Laws of South Carolina, 
1912, and Acts amendatory thereto, an annual license fee of one-half of one mill 
upon each dollar of the value of the property of such corporation used within 
this State in the conduct of its business.^^ 

1904, XXIV, 462; 1905, XXIV, 828. 

§ 366. Reports to Be Filed with State Board of Assessors. — The 

State Board of Assessors provided for in Section 312 shall, annually, on the first 
Monday in March, or on such other day as they may be called to meet by the 
Comptroller-General, meet in the office of the Comptroller-General, and there- 
upon the Comptroller-General shall lay before the Board the statements and 
schedules returned to him by each and every railroad company, express com- 
pany, street railway company, navigation company, waterworks company, power 
company, light company, telephone company, telegraph company, parlor, dining 
or sleeping car company, under Section 361 of this Article. The reports made 
by railroad, telegraph, telephone, express and sleeping car companies to the Rail- 
road Commissioners may be regarded and treated by the Board as reports made 
to it, and the Board shall have power at any time to call upon such Commission- 
ers for information. The Board may also consider reports filed with the Comp- 
troller-General by express, telegraph, telephone, sleeping car and railroad com- 
panies for purposes of taxation. 
1904, XXIV, 462; 1905, XXIV, 828. 

§ 367. State Board of Assessors to Determine Gross Receipts. — The 

State Board of Assessors shall proceed to ascertain and determine, on or before 
the first Monday in April, the entire gross receipts of such railroad companies, 
express companies, street railway companies, navigation companies, waterworks 
companies, power companies, light companies, telephone companies, telegraph corn- 
panies, parlor, dining and sleeping car companies, for business done within this 
State for the fiscal year then next preceding, and the amounts ascertained by said 
Board shall be held and deemed to be gross receipts of such companies for busi- 
ness done within South CaroHna for the year under consideration. 
1904, XXIV, 462; 1905, XXIV, 828. 

§ 368. Failure to Make Statement.— In case of the failure or refusal 
of any company to make the statement required by law, or furnish the Board any 
information requested by it, the Board shall inform itself as best it may on mat- 
ters necessary to be known in order to discharge the duties under this Article. 

At any time after the annual meeting of the Board, and before the gross re- 
ceipts of any company for business done within South Carolina, or the gross 
earnings from its operation within South Carolina are determined, any company 
or person interested shall have the right, on written application, to appear before 

31. British-American Mortgage Co. v. Jones, et seq.) to do business in this State and having 

Comptroller-General, 76 S. C 218, 223, 56 S. E. paid such license annually . since and tully com- 

983, and 77 S. C. 443, 450, 58 S. E. 417, rehearing. plied with such Act. British-American Mortgagee 

22. This section may be enforced against for- Co. v. Jones, 77 b. L. 443. 4SU, 58 S. 1^. 41/, 

eign corporation having paid in 1894 license re- overruling on rehearing British- American Mortgage 

quired bv act of 1893, 21 Stat. 409 (see § 2664, Co. i: Jones, 76 S. C. 218, 223, .-.0 S. E. 983. 



§§369-373] OF SOUTH CAROLINA. ' 135 

the Board and be heard in the matters of such determination. After the de- 
termination of the amount of the gross receipts of any such company or the 
gross receipts or earnings from its operation within South Carohna, and before 
the notification to the State Treasurer of such amount, the State Board of As- 
sessors may, on apphcation of any person or company interested, or on its own 
motion, revise and correct its findings in such manner as seem to it to be just 
and proper. 

1904, XXIV. 462; 1905, XXIV, 828. 

§ 369. Board of Assessors to Notify State Treasurer. — That the said 
State Board of Assessors shall, after ascertaining the gross receipts for busi- 
ness done in South Carohna, or the gross earnings from its operation within 
South Carohna of any railroad company, express company, street railway com- 
pany, navigation company, waterworks company, power company, light com- 
pany, telephone company, telegraph company, parlor, dining and sleeping car 
company, notify the State Treasurer of the amount thereof on or before the first 
day of May of each year, and the State Treasurer shall thereupon proceed to 
charge and collect from such company and such company shall pay to said State 
Treasurer an annual license fee of three mills on the gross income of such com- 
pany for business done within South Carolina for the preceding fiscal year, an 
annual license fee of three mills on such gross income, which license fee shall be 
paid by such corporation on or before the first day of May in every year. 

1904, XXIV, 462; 1905, XXIV, 828. 

§ 370. State Treasurer to Report to Comptroller- General. — On the 

production of the State Treasurer's receipt showing payment of the annual fees 
provided for in the preceding Sections of this Act, the Secretary of State shall 
make out and deliver to the corporation paying the same, a certificate of the 
compliance by such corporation with the provisions of this Act, and of the pay- 
ment of the annual fees therein provided for, and the State Treasurer shall re- 
port to the Comptroller-General the amount of the annual fees collected under 
this Article. 

1904, XXIV, 462; 1905, XXIV. 828. 

§ 371. Failure to Pay License. — In case any corporation required to file 
reports or pay license fees by this Article shall fail or neglect to make such re- 
port or pay such fees within the period prescribed in said Sections, respectively, 
such corporations shall be subject to a penalty of five hundred dollars, and an ad- 
ditional penalty of one hundred dollars per day for each day's omission after 
the time limited in this Article for filing such report and paying such fee. Such 
penalty and annual fee or fees may be recovered by an action in the name of 
the State, and on collection sliall be paid into the State Treasury. The Attorney- 
General, on the request of the Comptroller-General, shall institute such action 
in the Court of Common Pleas for Richland County, or of any County in the 
State in which such corporation has an office or place of business, as he prefers.' 
The. State Board of Assessors, upon good cause shown, may in their discretion 
remit the penalty, or any part thereof, prescribed in this Article. 

1904, XXIV, 462; 1905, XXIV, 828. 

§ 372. Exceptions. — The provisions of this Article shall not apply to in- 
surance, fraternal, beneficial or mutual protection associations or companies. 

1904, XXIV, 462; 1905, XXIV, 828. 

§ 373. Dissolution of Corporation. — Every domestic corporation in case 
of dissolution, revocation of charter, or abandonment of its corporate purposes 
shall file with the Secretary of State a certificate of such dissolution, revocation 
of charter or abandonment. In case of dissolution or abandonment by voluntary 
action of the corporation, such certificate shall be signed by the President, 
Secretary and a majority of the Board of Directors of the corporation. In case 
of dissolution or revocation of charter by action of a competent Court, such cer- 



136 CIVIL CODE [§§374-376 

tificate shall be signed by the Clerk of the Court entering the decree of dissolu- 
tion or revocation. The fees for making or fihng of such certificate with the 
Secretary of State shall be taxed in the cost in favor of the party paying the 
same. 

Foreign Corporation Retiring from Business. — Every foreign corporation 
when it shall retire from business in this State, is hereby required to file with 
the Secretary of State a certificate to that effect, signed by the President and 
Secretary of the corporation. The fee for filing certificates of dissolution, revo- 
cation of charter, abandonment or retirement of corporations shall be five dol- 
lars : Provided, That the charter of a corporation which is shown to have been 
no longer in active existence at the time of this Article may be surrendered on the 
payment of one dollar. The mere retirement from business of a domestic or for- 
eign corporation without having filed the certificate provided for in this Section, 
shall not exempt it from the requirements to make their reports and pay fees in 
accordance with the provisions of this Article.- 

1904, XXIV, 462; 1905, XXIV, 828. 



ARTICLE 11. 

Proce:e;dings on De;fault of Re;turn and Penaltie^s There^for — Valuation 

of Property for Taxation. 

Sec. Sec. 

374. Penalty for refusing to make oath 378. Penalty where capital or property 

or return. employed is not listed. 

875. Penalty for failure to make re- 379. How property valued. 

turns. 380. Personal property — How valued — 

376. Persons beginning business after What deemed personal prop- 

January 1. erty. 

377. Duty of County Auditors with re- 

spect to persons with property 
unlisted. 

§ 374. Penalty for Refusing to Make Oath or Return. — If any person 
shall refuse or neglect to make out and deliver to the Auditor a statement of 
personal property, as provided herein, or shall refuse or neglect to make and sub- 
scribe an oath as to the truth of such statement, or any part thereof, or in case 
of the sickness or absence of such person, the Auditor shall proceed to ascertain, 
as near as jnay be, and make up and return a statement of the personal prop- 
erty, and the value thereof, with which such person shall be charged for taxa- 
tion, according to the provisions of this Chapter ; and to enable such Auditor to 
make up such statement, he is authorized to examine any person or persons, un- 
der oath, and to ascertain, from general reputation and his own knowledge of 
facts, the character and value of the personal property of the person thus absent 
or sick, or refusing or neglecting to list or swear; and said Auditor shah return 
the lists so made up by him, endorsed, "Refused to List," or "Refused to Swear," 
or "Absent," or "Sick," as the case may be, and in his return, in tabular form, 
shall write the same words opposite the names of each of the persons so re- 
fusing or neglecting to list or swear, or absent or sick. 

Civ. '02, § 332; G. S. 214; R. S. 265. 

§ 375. Penalty for Failure to Make Returns. — If any person shall fail 
to Hst the personal property he is required by law to list in any one year, and the 
same escapes taxation for that year, the value thereof shall be charged against 
him for taxation in any subsequent year, with fifty per cent, penalty added 
thereto, and the taxes and penalty collected as in other cases. 

Civ. '02, § 333; G. S. 215; R. S- 266; 1882, XVII, 1005. 

§ 376. Persons Beginning Business after January 1. — Any person, 
company, or corporation, commencing any business in any County of this State 
after the first day of January in any year, the capital or personal property em- 



^^377-379] OF SOUTH CAROLINA. 137 

ployed in which shall not have been previously listed for taxation in said County 
for such year, shall, within thirty days after commencing such business, report to 
the Auditor of the County, under oath, the average amourtt of the capital in- 
tended to be employed in such business, from the time of its commencement to 
the first day of January next ensuing; and upon making satisfactory proof to 
said Auditor that such capital or property has been regularly listed for taxation 
in some other County in this State, said Auditor shall file report and proofs in 
his office, and give to the party a certificate that he or they have complied with 
the provisions of this Section and are not liable to taxation in his County on such 
capital or property for the then current fiscal year. But if he or they shall not 
satisfactorily prove that such capital or property has been previously listed for 
taxation in some County of this State, said County Auditor shall charge him or 
them on his duplicate with such proportion of all taxes levied on others upon 
similar capital or property, at the place of the business, as the time from the com- 
mencement of the business to the ensuing first day of January bears to one year. 
Civ. '02, § 334; G. S. 216; R. S. 267; 1882, XVII, 1005. 

§ 377. Duty of County Auditors with Respect to Persons with Prop- 
erty Unlisted. — It shall be the duty of each County Auditor to ascertain the 
names of all persons commencing any business in his County after the first day 
of January, annually, whose capital or property employed in such business was 
not listed for taxation in his County for the then current fiscal year. 

Civ. '02, § 335; G. S. 217; R. S. 268; 1882, XVII, 1005. 

§ 378. Penalty Where Capital or Property Employed Is Not Listed. 

— If any person, company, or corporation, shall commence any business in any 
County of this State after the first day of January in any year, the capital or 
property employed in which shall not have been previously listed for taxation in 
said County, and shall not, within thirty days thereafter, make such report to 
the Auditor of said County as is required in Section 376 of this Chapter, he or 
they shall forfeit and pay the sum of one hundred dollars, which shall be col- 
lected, by civil action, in the name of the County Commissioners, and paid into 
the County treasury for the exclusive benefit of the County. And process in 
such case may issue out of the Court of Common Pleas of the County in which 
such business was commenced, directed to the proper officer, and be served in any 
County of this State. 

Civ. '02, § 336; G. S. 218; -R. S. 269; 1882, XVII, 1005. 

§ 379. How Property Valued. — All property shall be valued for taxation 
at its true value in money, which, in all cases not otherwise specially provided for 
by law, shall be held to be as follows, to wit : for personal property, the usual 
selling price on the usual terms of similar property at administrators' or execu- 
tors' sales, at the place where the return is made ; and for real property, the 
usual selling price on the usual terms of similar property at sales for partition 
under the order of the Court, at the place where the return is to be made. If 
there is no usual selling price, then at what is honestly believed could be ob- 
tained for the same at a fair sale under the conditions before mentioned. It shall 
be the duty of each owner of lands, and of any new structures thereon which 
shall not have been appraised for taxation, to list the same for taxation with the 
County Auditor of the County in which they may be situate, on or before the 
twentieth day of February next after the same shall become subject to taxa- 
tion.2^ 

Civ. '02, § 337; G. S. 219; R. S. 270; 1882, XVII, 1006. 

23. Railroad property was assessed by State taxation, upon application of receiver for instruc- 

Board of ^Equalization for railroads at 80 per cent. tions, that there was no such evidence of inten- 

of its real value, under provision of this section tion on part of board of equalization to violate 

that all property should be valued "at its true constitutional provision (art. 9, § 1) in relation to 

value in money," while all other property in State equality of taxation, and design to put burden of 

was assessed by county boards of assessment at tax alone on railroads, as would warrant interfer- 

from_ SO to 60 per cent, of the real value. Held, ence of court. Chamberlain v. Walter, 60 Fed. 

in view of general mode of assessing property for 788, 794. 



138 



CIVIL CODE 



[§ 380 



§ 380. Personal Property — How Valued — What Deemed Personal 
Property. — The following articles of personal property shall be valued for 
taxation as follows, to wit: Money, bank bills, and other bills lawfully circulat- 
ing as money, at the par value thereof; credits, at the amount payable on the 
face of the contract, instrument, or account, unless the principal be payable at 
a future time without interest; then, at the sum payable, less the lawful interest 
thereon, for any term of credit not exceeding one year; contracts for the deliv- 
ery of specific articles, at the usual selling price of such articles at the time, of 
listing; leasehold estates held for any definite term, at the yearly value thereof 
to the lessee ; annuities, at the yearly value thereof to the owner at the time of 
listing. All leasehold estates, held on perpetual lease, or for a term certain, re- 
newable forever at the option of the lessee, shall be valued at the full price of the 
land, and continued to be taxed at such value to the end of the term. When the 
fee of the soil in any tract or lot of land is in one person, and right to any min- 
erals therein or structures thereon in another, the proceeds of the minerals and 
the said structures shall be valued and taxed as personal property, to the owners 
thereof, respectively.^^ 

Civ. '02, § 338; G. S- 220; R. S. 271; 1882, XVII, 1006. 



ARTICLE 12. 

The Coi:nty Auditor — Appointment, Tenure of Office, and General 

Powers and Duties. 



Sec. Sec. 

381. County Auditors — How appointed 396. 

— Term of office. 

382. For what (causes and how sus- 

pended and removed from office. 397. 

383. When office to be kept open to 

receive returns, etc. 398. 

384. Make annual lists of persons mak- 

ing returns of real and personal 
property. 399. 

385. Lists of real estate not previously 

listed, structures newly built or 
destroyed, etc. 400. 

386. Auditors' remarks on returns re- 

garding value of property — 
Penalty on unlisted property. 401. 

387. Auditors to state school district of 

taxpayer. 402. 

388. Auditors to report to County Su- 403. 

perintendent of Education poll 

tax, etc. 404. 

389. Description of tracts or lots of 

land — Value — Mode of informa- 
tion — Authority. _ 405. 

390. May enter and examine buildings 

to ascertain value. 406. 

391. Makes list of property exempt. 

392. When tax books shall be made nv 407. 

— Transmission and contents. 

393. County duplicate lists — When made 408. 

out — Form and particulars. 

394. Comptroller-General notifies Au- 

ditor of rates for State pur- 409. 

poses. 

395. County Auditor to determine sum 

to be levied on parcels of prop- 410. 

erty. 



Rate of taxation a decimal frac- 
tion and not less than half a 
mill. 

Taxes to be entered on a dupli- 
cate. 

Disposition of ireal estate regu- 
larly returned, but omitted from 
duplicate. 

Procedure in case of evasion or 
false return — Party may be ex- 
amined. 

Penalty in case it appear that re- 
turn has been evaded or falsi- 
fied. 

How costs of examination to be 
settled. 

What expenses to be allowed. 

Penalty on refusal or neglect to 
list or to swear to return. 

Assessment a part of collection 
— Construction of sections of 
tax law. 

What to be done when taxpayer 
fails to make return. 

Failure to make return cause by 
sickness or absence. 

How returns are made and kept 
correct. 

Abstract of duplicate to be sent 
annually to the Comptroller- 
General. 

County Auditor to answer in writ- 
ing inquiries of Comptroller- 
General. 

Auditor may administer oaths. 



24. See ante, § 316, as to assessment for taxation of railroad property not previously re- 
turned. 



'§§381-383] OF SOUTH CAROLINA. 139 

Sec. Sec. 

411. Comptroller-General furnishes forms 413. Returns to Auditors and Dispens- 

and extends instructions to ers' requests to be preserved 

Auditors. five years. 

413. Comptroller-General visits offices 414. County Auditors to keep an "Abate- 

and examines books, etc., of ment Book" — Use of, etc. 

Auditors and Treasurers annu- 415. When duty of Auditor to permit 

ally. his books inspected. 

§ 381. County Auditors — How Appointed — Term of Office. — The Gov- 
ernor is authorized, by and with the advice and consent of the Senate, to appoint 
for each County in the State a County Auditor, who shall hold his office for a 
term of two years, and until his successor is appointed and qualified, and to re- 
quire such bond from said officer as he may deem necessary: Provided, That 
the bond of the County Auditor of Greenwood County shall be two thousand 
dollars, and the bond of the County Auditor of Dorchester County three thou- 
sand dollars. Before entering on the duties of his office, the Auditor so appointed 
must take the oath prescribed by the Constitution, and also the oath in respect 
to dueling. 

Civ. '02, § 339; G. S. 221; R. S. 272; 1882, XVII, 1007, § 206; 1897, XXII, 439. 

§ 382. For What Causes and How Suspended and Removed from 
Office. — When any County Auditor shall, during a recess of the Senate, be 
shown, by evidence satisfactory to the Governor, to be guilty of misconduct in 
office, or crime, or for any reason shall become incapable or legally disqualified 
to perform its duties, in such case, and in no other, the Governor may suspend 
such officer, and designate some suitable person to perform, temporarily, the du- 
ties of such office until the next meeting of the Senate, and until the case shall 
be acted upon by the Senate; and such person so designated shall take the oath 
and give the bond required by law to be taken and given by the person duly ap- 
pointed to fill such office, and, in such case, it shall be the duty of the Governor, 
within ten days after the first day of such meeting of the Senate, to report to 
the Senate such suspension, with the evidence and reason for his action, and the 
name of the person so designated to perform the duties of such office ; and if thfe 
Senate shall concur in such suspension, and advise and consent to the removal of 
such officer, they shall so certify to the Governor, who may thereupon remove 
such officer, and, by and with the advice and consent of the Senate, appoint an- 
other person to such office. But if the Senate shall refuse to concur in such sus- 
pension, such officer, so suspended, shall forthwith resume the functions of his 
office, and the powers of the person so performing its duties in his stead shall 
cease, and the official salary and emoluments of such officer shall, during such 
suspension, belong to the person so performiing the duties thereof, and not to the 
officer so suspended : Provided, Jiozvever, That the Governor, in case he shall 
become satisfied that such suspension was made on insufficient grounds, shall be 
authorized, at any time before reporting such suspension to the Senate as above 
provided, to revoke such suspension and reinstate such officer in the perform- 
ance of the duties of his office. 

Civ. '02, § 340; G. S. 222; R. S. 273; 1882. XVII, 1007, § 206; 1897, XXII, 439. 

§ 383. When Office to Be Kept Open to Receive Returns, etc. — It 

shall be the duty of the County Auditor to receive the returns and make the as- 
sessments provided for in this Chapter within the times prescribed by law, and 
for this purpose his office shall be kept open to receive the returns of taxpayers 
from January 1st to February 20th in each year. 

Civ. '02, § 342; G. S. 225, 226; R. S. 275, 276; 1882, XVII, 1008, § 210. 

Must Appoint Convenient Places for Receiving Returns and Give No- 
tice Thereof. — He shall, for the purpose of assessing taxes, attend at a con- 
venient point in each Township or tax district as many days as may be neces- 
sary, and For the remainder of the time allowed by law he shall be and remain at 



140 CIVIL CODE [ §§ 384-386 

the County seat. He, or his assistants, must give thirty days' pubHc notice of 
the days upon which he will be at the places designated.^^ 

1882, XVII, 1009, § 211. 

§ 384. Make Annual Lists of Persons Making Returns of Real and 
Personal Property. — Each Auditor shall, on or before the first day of Alarch, 
annually, make out, in tabular form and alphabetical order, a list of the names 
of the several persons, companies and corporations in whose names any personal 
or real property shall have been listed, giving the first Christian name of the 
several persons ; and he shall enter separately, in appropriate columns, opposite 
each name, the aggregate value of the several species of property mentioned 
herein, making separate lists of the property listed as taxable in incorporated 
villages, cities and wards, and that listed as taxable out of cities, wards and in- 
corporated villages ; all of which columns shall be accurately added up and 
footed ; and at the same time file and preserve in his office statements of property 
listed by him, or received by him from others. 

If the name of the owner of any tract or lot shall be unknown, the word "un- 
known" shall be entered in the column of names opposite said tract or lot.^*^ 

Civ. '02, § 343; G. S. 227; R. S. 277; 1882, XVII, 1009, § 211. 

§ 385. Lists of Real Estate Not Previously Listed, Structures 
Newly Built or Destroyed, etc. — The Auditor shall annually, at the time 
of taking the list of personal property, also take a list of all real property in 
the County subject to taxation which shall not have been previously listed; and 
of all new structures not previously listed, and of all old structures which 
were destroyed during the previous year ; and shall affix a value thereto, with a 
description of the land or lot on which the same was or is situate, endorse his 
affidavit thereon that the same is correct, and that the valuations therein stated 
have been made according to the rules prescribed by this Chapter, and return the 
same, with the names of the owners, respectively; and if the owner of any such 
new structure shall be the owner of the land on which it is situate, or of a 
permanent leasehold estate therein, the Auditor shall add to or deduct from the 
value of the land or lease, as the case may be, as the same may stand on the 
duplicate, the value of such structure so returned ; but he shall not deduct any 
greater amount for the destruction of any structure than was previously charged 
for the same on the duplicate. 

Civ. '02, § 344; G. S. 228; R. S. 278; 1882, XVII, 1009, § 211. 

§ 386. Auditors' Remarks on Returns Regarding Value of Prop- 
erty — Penalty on Unlisted Property. — It shall be the duty of the Auditor 
to state, in the column of remarks opposite each taxpayer's name, in the re- 
turn made by him, any amount which he believes ought to be added to the valua- 
tion of the property listed by such taxpayer, his agent, or other person. But he 
shall not increase the return as made by any taxpayer, or his or her agent, ex- 
cept by authority of the Board of Assessors. It shall also be his duty, at any 
time after his return, if he ascertain that any personal property in his County 
has not been listed, to list the same and make return thereof, with the valuation 
thereof as fixed by the owner or himself, and the name of the owner or person 
to whom it is taxable ; and he shall charge the same on the duplicate for taxa- 
tion, adding fifty per cent, to the value as returned as penalty.-" 

Civ. '02, § 345; G. S. 229; R. S. 279; 1882, XVII, 1009, § 211. 

25. Property sufficiently assessed as belonging to of Christian and family name. Koth f. Palla- 

the "estate of"— "heirs of." Koth v. Pallachucola chucola Club, 79 S. C. 514, 517, 61 S. E. 77. 
Club, 79 S. C. 514, 61 S. E. 77. 27. Koth v. Pallachucola Club, 79 S. C. 514, 

2G. Gilliland v. Citadel Square Baptist Church, 517, 61 S. E. 77. 
33 S. C. 164, 11 S. E. 684. Auditor has no authority to , increase the assess- 

One of main purposes of statute is to enable mcnt where it has been fixed by the Board of 

tax officers to identify the owner of property so Assessors and Board of Equalization, even if or- 

that they may know with certainty on whose prop- dered to do so by the Comptroller-General. State 

ertv to levy for the collection of taxes, Koth r. t. Cromer, 35 S. C. 213, 14 S. E. 493: National 

Pallachucola Club, 79 S. C. 514, 517, 61 S. E. 77. Bank '■. Boyd, 35 S. C. 233, 14 S. E. 496; State 

Should not be construed as admitting of no other v. Covington, 35 S. C. 245, 14 S. E. 499. 
meaning or designation of owner except the use 



§§387-392] OF SOUTH CAROLINA. 141 

§ 387. Auditor to State School District of Taxpayer. — It shall be 
the duty of each Auditor to state, in a separate column, the school district in 
which the taxpayer resides. 

Civ. '02. § 346; G. S. 229a; R. S. 280; 1890, XX, 718. 

§ 388. Auditor to Report to County Superintendent of Education 

Poll Tax, etc The County Auditor, when he has completed the tax 

duplicates, shall report to the County Superintendent of Education, by school 
districts, the names listed for poll tax and the amount of taxable property when 
there is a special levy. 

Civ. '02, § 347; G. S. 229a; R. S. 280; 1890, XX, 718. 

§ 389. Description of Tracts or Lots of Land — Value — Mode of 
Information — Authority. — It shall be the duty of the Auditor to make out, 
from the maps and descriptions in his possession, and from such other sources of 
information as shall be in his power, a correct and pertinent description of each 
tract and lot of real property in his County. When he shall deem it necessary to 
obtain an accurate description of any separate tract or lot in his County, he may 
require the owner or occupier thereof to furnish the same, with any title papers 
he may have in his possession and if such owner or occupier, upon demand made 
for the same, shall neglect or refuse to furnish a satisfactory description of such 
parcel of real property to such Auditor, he may employ a competent surveyor to 
make out a description of the boundaries and location thereof, and a statement 
of the quantity of land therein. To the expense of such survey he shall add the 
tax assessed upon such real property, and it shall be collected by the Treasurer, 
with such tax, and, when collected, shall be paid, on demand, to the person en- 
titled to the sam.e. 

Civ. '02, § 348; G. S. 230; R. S. 281; 1882, XVII, 1010, § 215. 

§ 390. May Enter and Examine Buildings to Ascertain Value. — For 

the purpose of enabling the Auditor to determine the value of buildings and other 
improvements, he is authorized to enter and fully examine all buildings and 
structures (except dwellings), of whatever kind, which are not by law expressly 
exempted from taxation. 

Civ. '02, § 349; G. S. 231; R. S. 282; 1882, XVII, 1010, § 216. 

§ 391. Makes List of Property Exempt. — The Auditor, at the time of 
making the assessments of other real estate for taxation, shall enter, in a sepa- 
rate list, pertinent descriptions of the real estate exempt from taxation by law, 
with the valuation thereof, made by himself, determined by the rules prescribed 
by law, and designating the owner of each several parcel.-^ 

Civ. '02, § 350; G. S. 232; R. S. 283; 1882, XVII, 1010, § 17. 

§ 392. When Tax Books Shall Be Made Up — Transmission and Con- 
tents. — The Auditor shall, on or before the thirtieth day of June, in each year, 
make up and complete the tax books of his County, as required in the following 
Section ; and shall, on or before that day, make out and transmit to the Comp- 
troller-General and the County Commissioners, an abstract of the property of 
each district in his County, in which he shall set forth : 

1. The number of acres, exclusive of town lots, returned by said Auditor, with 
such additions as shall have been made thereto. 

Civ. '02, § 357; 1882, XVII, 1011; 1885, XIX, 164, § 4. 

2. The aggregate value of such real property, other than town lots, as returned 
by said Auditor, inclusive of such additions as shall have been made thereto un- 
der the provisions of this Chapter. 

3. The aggregate value of the real property in each town, city and village in 
his County, as returned by said Auditor, inclusive of such additions as shall have 
been made thereto. 

28. See ante, § 384, provision where owner is unknown. 



142 CIFIL CODE [ §§ 393-396 

4. The various kinds and descriptions of personal property returned for taxa- 
tion. 

Civ. '02, § 351; G. S. 233; R. S. 284; 1897, XXII. 468. § 6. 

§ 3 93. County Duplicate Lists — When Made Out — Form and Partic- 
ulars. — The Auditor shall make out, in a book to be prepared for that purpose, 
in such manner as the Comptroller-General shall prescribe, a complete list or 
schedule of all taxable property in his County, and the value thereof as equalized, 
so arranged as that each separate parcel of real property in each district, other 
than city, village and town property, shall be contained in a line or lines opposite 
the names of the owners, arranged in numerical or alphabetical order, and so that 
each lot or parcel of real property in cities, villages and towns shall be contained 
in a line or lines opposite the names of the owners thereof, respectively, ar- 
ranged in alphabetical order. And the value of all personal property shall be set 
down opposite the names of the owners thereof, respectively; and if listed by any 
other person for and in the namie of the owner, the name of such person, and the 
character in which he acted, shall also be stated in such list, which list or sched- 
ule shall be retained in his office, and another made for the County Treasurer, 
delivered to him on or before the thirtieth day of September, annually, as his war- 
rant for the collection of the taxes, assessments and penalties charged thereon, 
each and both of which lists shall be denominated the County Duplicate.-^ 

Civ. '02. § 352; G. S. 234: R. S. 28: 1882, XVII, 1010, § 219: 1885. XIV, 164. 

§ 3 94. Comptroller- General Notifies Auditor of Rates for State Pur- 
poses. — The Comptroller-General shall annually give due notice to each County 
Auditor of the rates per centum authorized by law to be levied for the various 
State purposes, which rates, or per centum, shall be levied by the County Auditor 
on the taxable property of the County, and charged on the duplicate with the 
taxes required to be levied and collected for other purposes. 

Civ. '02, § 353: G. S. 260; R. S. 286; 1882, XVIL 1022. § 244. 

§ 395. County Auditor to Determine Sum to Be Levied on Parcels of 
Property. — Each County Auditor, after receiving from the Comptroller-Gen- 
eral, and from such other officers and authorities as shall be legally empowered 
to determine the rate or amount of taxes to be levied for the various purposes 
authorized by law, statements of the rates and sums to be levied for the current 
year, shall forthwith proceed to determine the sums to be levied upon each tract 
and lot of real property, and upon the amount of personal property, moneys, and 
credits listed in his County, in the name of each person, company, or corporation, 
which shall be assessed equally on all real and personal property subject to such 
taxes, and set down in one or more columns, in such manner and form as the 
Comptroller-General shall prescribe ; and in all cases where the whole amount of 
taxes upon the personal property, moneys, and credits of any person shall not 
amount to ten cents, the Auditor shall not enter the same upon the duplicate, if 
such person has no other taxable property. 

Civ. '02, § 354; G. S. 235; R. S. 287; 1882, XVII, 1011. 

§ 396. Rate of Taxation a Decimal Fraction, and Not Less than Half 
a Mill. — The County Auditors shall not be required to assess on the taxable 
property of their Counties, or of any town, city or incorporated village, or school 
district therein, for any purpose, nor for all purposes added together, any rate of 
taxation containing or resulting in any fraction other than a decimal fraction, nor 
in any fraction less than one-half of a mill ; but if the sum required to be raised 
for any or all purposes results in a fraction less than one-half of a mill, such frac- 
tion shall be dropped.^*' 

Civ. '02, § 355; G. S. 236; R. S. 288; 1882, XVII, 1012. 

29. Koth z\ Pallachucola Club, 79 S. C. 514, in the lew, but that provision refers to amount 
517. 61 S. E. 77. of ta.xes. Dickson f. Burckmyer, 67 S. C. 526, 

30. Does not require auditor to drop in calcula- 541, 46 S. E. 343. 
tion of taxes any fraction less than one-half mill 



§§397-400] OF SOUTH CAROLINA. 143 

§ 397. Taxes to Be Entered on a Duplicate. — The County Auditor shall 
enter the taxes on the duplicate, to be retained in his own office, in such number 
of columns as the Comptroller-General shall, from time to time, direct; but on the 
duplicate for the County Treasurer he shall enter the taxes against each parcel of 
real and personal property, on one or more lines, opposite the name of the owner 
or owners ; and, in all other respects, the Comptroller-General may prescribe 
forms for County duplicates as may seem to him most conducive to the interest 
and convenience of the public, and County Auditors shall conform thereto.-^ ^ 

Civ. '02, § 356; G. S. 237; R. S. 289; 1882, XVII, 1012. 

§ 398. Disposition of Real Estate Regularly Returned, but Omitted 
from Duplicate. — If the County Auditor shall at any time discover that any 
real estate, or new structure, duly returned and appraised for taxation, has been 
omitted from the duplicate, he shall immediately charge the same on the dupli- 
cate, with the taxes of the current year, and the simple taxes of each preceding 
year the same may have escaped taxation. And if the owner of any real estate, 
or new structure thereon, subject to taxation, has not reported the same for tax- 
ation, according to the requirements of this Chapter, and the same has not been 
appraised for taxation, the Auditor shall, upon discovery thereof, appraise the 
same, and, upon making return of such appraisement, shall charge the same upon 
the duplicate, with the taxes of the then current year, and the taxes of each pre- 
ceding year it may have escaped taxation, with twenty per cent, penalty upon 
such taxes of preceding years. xA.nd if any real estate shall have been omitted in 
any return, the Auditor of the County shall appraise the same immediately for 
taxation, file such appraisement in his office, and charge' the same with the taxes 
of the current year, and the simple taxes of preceding years it may have escaped 
taxation. 

Civ. '02, § 357; G. S. 238; R. S. 290; 1882, XVII, 1012. 

§ 399. Procedure in Case of Evasion or False Return — Party May Be 
Examined.- — If the County Auditor shall suspect, or be informed, that any per- 
son or persons, corporation or company, has evaded making a return, or made a 
false return of his, her, or their personal property for taxation, or have or has 
not made a full return, or. that the valuation returned is less than it should have 
been, according to the rules prescribed by this Chapter, it shall be his duty, at 
any time before the settlement with the Treasurer for the year, to notify such 
party to appear before him at his office, at a time fixed in said notice, together 
with such other person or persons as said Auditor may desire to examine, and the 
party, together with any witness called, shall be examined by said Auditor, under 
oath (which oath said Auditor is authorized to administer), touching the personal 
property, and the value thereof, of such party, and everything which may tend to 
evince the true amount such party should have returned for taxation.^ ^ 

Civ. '02, § 358; G. S. 239; R. S. 291; 1882, XVII, 1013. 

§ 400. Penalty in Case it Appear That Return Has Been Evaded or 
Falsified. — The County Auditor, when he shall deem it necessary, may adjourn 
the examination provided for in the preceding Section, from time to time ; and if 
he shall find that the party has failed to make any return for taxation, or inten- 
tionally made a false return, or intentionally returned his or their property for 
taxation at less than its fair cash value, he shall determine what amount should 
have been returned by the party, and add fifty per cent, thereto as penalty, and 
charge the same, with said penalty, against the party on the duplicate, with the 

31. Koth V. Pallachucola Club, 79 S. C. 514, has no authority to increase valuation of property 
517, 61 S. 13. 77; Dickson v. Burckmyer, 67 S. C. where return is not intentionally false. National 
526, 536, 46 S. E. 343. Bank v. Boyd, 35 S. C. 233, 14 S. E. 496. And 

32. The Auditor's jurisdiction is special, and the in no event to make such increase without notice 
fact giving it must affirmatively appear, cannot be to taxpayer, and proper inquiry and testimony as 
presumed. State v. Cromer, 35 S. C. 213, 14 S. to true value. lb. If he increase the assessment 
E. 493. It does not extend to cases regularly fixed by the tax boards he may be compelled by 
passed upon and determined by the tax boards. mandamus to restore it to the amount so fixed. 
State V. Cromer, 35 S. C. 213, 14 S. E. 493; State State v. Cromer, 33 S. C. 213, 14 S. E. 493; State 
'J. Covington, 35 S. C. 245, 14 S. E. 499. He v. Covington, 35 S. C. 245, 14 S. E. 499. 



144 CIVIL CODE [ §§ 401-404 

taxes of the current year, and the taxes of each preceding year it may have es- 
caped taxation, with twenty per cent, and penalties upon such taxes of preced- 
ing ,years ; but if he shall find the party committed a merely unintentional mistake 
in any return made, he shall add such amount as he may deem just to such re- 
turn, and charge the party with the simple taxes thereon.s^ 

Civ. '02, § 359; G. S. 241; R. S. 292; 1882, XVII. 1014. 

§ 401. How Costs of Examination to Be Settled. — If upon the examina- 
tion provided for in Section 399, the return made to or by the Auditor shall be 
found to be correct, the expenses of the examination shall be paid by the County 
Auditor, out of the County treasury; but if it shall be found that the return, as 
made, was intentionally false, or that no return was made, the Auditor shall pay 
the expenses of the examination out of the County treasury and charge the same 
to the party on the duplicate, in addition to the penalty provided for such cases; 
and such amount shall be collected, with the taxes of the party, to reimburse the 
treasury of the County for the expenses paid as aforesaid. But if the return 
made was unintentionally erroneous, said Auditor shall pay the witness' fees and 
costs of serving the notice out of the County treasury, charge the same on dupli- 
cate to the party, and the same shall be collected and paid into the County treas- 
ury, as aforesaid. 

Civ. '02, § 360; G. S. 242; R. S. 293; 1882, XVII, 1014. 

§ 402. What Expenses to Be Allowed. — The expenses to be allowed upon 
the examination provided for by Section 399 of this Chapter shall be, for serving 
the notice or notices, the fees allowed to Sheriffs and Constables for serving a 
summons : and to witnesses, the same fees to witnesses in suits before a iNIagis- 
trate's Court. 

Civ. '02, § 361; G. S. 243; R. S. 294; 1882, XVII, 1014. 

§ 403. Penalty Added on Refusal or Neglect to List or to Swear to 

Return. — Each County Auditor shall add to the value of all personal property 
which the owner or other person whose duty it is made to list the same shall have 
refused or neglected to list, or to the value of which such person shall have re- 
fused or neglected to swear, fifty per centum on the value, and charge the same 
on the duplicate upon which taxes shall be collected and apportioned to the 
several funds for which taxes are assessed against such owner in proportion to 
the respective levies. 

Civ. '02, § 362; G. S.' 244; R. S. 295; 1882, XVII, 1014. 

§ 404. Assessment a Part of Collection — Construction of Sections of 
Tax Law. — The assessment of property for taxation shall be deemed and held 
to be a step in the collection of taxes and the last five preceding Sections shall be 
construed to mean as giving full and complete power to the County Auditor, in- 
dependent of any right conferred upon County Boards of Assessors or other 
officers, as to securing a full and complete return of property for taxation in all 
cases as expressed in said Sections, whether fraudulently or otherwise improperly 
or incompletely made. 

Civ. '02, § 363; 1892, XXI, 81; R. S. 296. 

Action of Auditor Not Reviewable by Courts. — The action of said Auditor 
under said Sections shall not be interfered with by any Court of this State by 
mandamus, summary process or any other proceeding, but the taxpayer shall 
have the right, and no other, to pay his tax on such return under protest. 

1902, XXIII, 790. 

This Section shall only apply to State, County, municipal and school taxes.^^ 

Civ. '02, § 363; 1892, XXI, 81. 

33. "Unintentional mistake" does not mean error tion less than others might estimate it. State v. 
of judgment; does not apply where property is re- Boyd, 35 S. C. 233, 14 S. E. 496. 
turned and passed by the tax boards at a valua- 34. As to payment under protest, see § 461, post.- 



§§ 405-407 ] OF SOUTH CAROLINA. 145 

§ 40 5. What to Be Done When Taxpayer Fails to Make Return 

Whenever any taxpayer shall fail to make returns to the Auditor of his County 
within the time prescribed by law, it shall be the duty of the County Auditor to 
enter on the tax duplicate, against such taxpayer, the property charged to him the 
previous year, with fifty per cent, penalty added thereto, except in cases of sick- 
ness or absence from the County, when the true amount of property only shall be 
charged. 

Civ. '02, § 364; G. S. 245; R. S. 297; 1882, XVII, 1015. 

§ 406. Failure to Make Return Caused by Sickness or Absence. — If 

any person required to list property for taxation shall have been prevented by 
sickness or absence from giving to the Auditor the statement or return for taxa- 
tion required, such person or his agent may, at any time prior to the tenth day of 
September of the year of the assessment, make out and deliver to the County Au- 
ditor a statement of the same, sworn to (which oath the Auditor is authorized to 
administer), and shall also make oath before said Auditor that he was sick or 
absent during the whole time when he should have otherwise listed his property 
for that year ; and, if absent, that such absence was not for the purpose of avoid- 
ing the listing of his property. The Auditor shall receive the return made by the 
absent person, and charge such party with taxes on the duplicate according to the 
return so made to him. 

Civ. '02, § 365; G. S. 246; R. S. 298; 1882, XVII, 1015. 

§ 407. How Returns Are Made and Kept Correct. — Each County Au- 
ditor shall correct annually the valuation of any parcel or lot of real property on 
which any structures may have been constructed, or on which any structure may 
have been destroyed, according to the return thereof, made in accordance with the 
provisions hereof, and assess the tax upon each corrected valuation. Said Au- 
ditor shall also correct any errors he may discover in the name of the owner, in 
the description or quantity of any parcel or lot of real estate, or in any return 
made to his ofhce. He shall also correct any errors in his duplicate when ordered 
by the Comptroller-General, but he shall not reduce any assessment of personal 
property regularly made and returned to his office, nor make any deduction from 
the valuation of any tract, lot, or parcel of real estate, except upon the written or- 
der of the Comptroller-General, which written order shall only be made by the 
Comptroller-General upon a statement of facts submitted to him in writing; and 
when any personal or real property has been listed, returned, or entered for taxa- 
tion in a wrong locality, the County Auditor shall correct the return or entry, and 
charge such property with the taxes in the locality required by the provisions 
hereof : Provided, That any correction made in the duplicate by the County 
Auditor shall be entered on both the Auditor's and Treasurer's duplicate, except 
that, in case of the reduction of ariy assessment or tax, the Auditor may furnish 
the Treasurer with a certificate of such reduction: And provided further, That 
each County Auditor shall keep a record of all sales or conveyances of real prop- 
erty made in his County, in which he shall enter, in columns, the names of the" 
purchaser and seller, the quality of land conveyed, the location and price of the 
same, and therefrom correct the County duplicates annually; and, for the pur- 
pose of carrying out this provision, the Clerks of Courts and Registers of INlesne 
Conveyances of each County are hereby required to have the endorsement of the 
County Auditor on each and every deed of conveyance for real property that the 
same is on record in his office, before the same can be placed on record in the of- 
fices of said Clerks of Courts or Registers of Mesne Conveyances ; and the said 
County Auditor shall be entitled to collect a fee of twenty-five cents, for his own 
use, for making such entry and endorsement.^^ 

Civ. '02, § 366; G. S. 247; R. S. 299, 300; 1882, XVII, 1015. 

.3.J. Koth z\ Pallachucola Club, 79 S. C. 514, Presumption is that Auditor did his duty in re- 

517, 61 S. E. 77. gard to correcting tax duplicate. Smith v. Cox, 

Dutv to correct tax duplicate. Smith v. Cox, 83 83 S. C. .1, 4, 65 S. E. 222. 
S. C. 'l, 65 S. E. 222. 

S C C— 10 



146 CIVIL CODE [ §§ 408-413 

§ 408. Abstract of Duplicate to Be Sent Annually to the Comptroller- 
General. — Each County Auditor shall, annually, on or before September the 
thirtieth, make out and transmit, by mail, to the Comptroller-General, a complete 
abstract of the duplicate of his County, which shall state the aggregate value of 
taxable property, and the total amount of taxes assessed thereon for that year; 
and he shall, at the same time, also make out and transmit to the Comptroller- 
General an abstract of the number and value of each of the enumerated articles 
of personal property, the value of merchants' and manufacturers' stock, and the 
value of all other personal property as returned by him and fixed by the Board 
or Boards of Equalization ; but such abstract shall be made out in such form and 
contain such details as the Comptroller-General may prescribe. 

Civ. '02, § 367; G. S. 248; R. S. 301; 1882, XVII, 1016; 1885, XIX, 165. 

§ 409. County Auditor to Answer in Writing Inquiries of Comptroller- 
General. — Each County Auditor shall answer in writing all inquiries pro- 
pounded to him by the Comptroller-General touching the condition and value of 
the real estate of his County, and changes made in the valuation thereof in the 
different towns, villages, cities, wards and other districts ; also, as to the valuations 
of the different classes of personal property for taxation, as compared with their 
market value, and in relation to any and all matters which the Comptroller-Gen- 
eral may deem of interest to the public, or of value to him in the discharge of his 
duties as Comptroller-General. 

Civ. '02, § 368; G. S. 250; R. S. 302; 1882, XVII, 1017. 

§ 410. Auditor May Administer Oaths. — Each County Auditor is hereby 
authorized to administer all oaths necessary to be taken by any one in the assess- 
ment and return of property for taxation, or necessary in the performance of any 
duty enjoined upon County Auditors by law. 

Civ. '02, § 369; G. S. 251; R. S. 303; 1882, XVII, 1017. 

§ 411. Comptroller- General Furnishes Forms and Extends Instruc- 
tions to Auditors. — The Comptroller-General shall, from time to time, prepare 
and transmit to the several County Auditors all such forms and instructions as he 
may deem necessary to carry into effect the provisions of this Chapter, and shall 
decide all questions which may arise as to the true construction thereof, or in re- 
lation to the duty of any officer under the same; and the forms thus transmitted 
shall be observed and used by all County, town and municipal officers. The in- 
structions thus given shall be obeyed by, and the decisions thus miade shall be 
binding upon, all County, town and municipal officers.^^ 

Civ. '02, § 370; G. S. 261; R. S. 304; 1882, XVII, 1023, § 245. 

§ 412. Comptroller- General Visits Offices and Examines Books, etc., 
of Auditors and Treasurers Annually. — He shall, as often as once a year, 
either in person or by some authorized agent of his office, examine all the books, 
papers and accounts pertaining to the office of the Auditors and the Treasurers of 
the respective Counties, with a view of protecting the interests of the State, and 
rendering the said officers such aid or instruction as, in the discharge of their 
several duties, they may need to make their service the more efficient. 

Civ. '02, § 371; G. S. 224; R. S. 305; 1882, XVII, 1008, § 209. 

§ 413. Returns to Auditors and Dispensers' Requests to Be Pre- 
served Five Years. — All original tax returns made to the County Auditors 
of this State, and all Dispensers' request books, shall be preserved in their re- 
spective offices as public records for a period of five years from the date of such 
returns. 

1898, XXII, 745. 

Returns to Auditors and Dispensers Destroyed after Five Years. — After 
any original tax returns have been in the office of the County Auditor for a period 

36. The order of Comptroller-General to Auditor authority. State z: Cromer, 35 S. C. 213, 14 .S. 
to increase the assessment of propertj- is without E. 493. 



^§ 414-415 ] 



OF SOUTH CAROLINA. 



147 



of five years, or any Dispenser's request books, the same may be destroyed or 
otherwise disposed of by the Auditor should it be inconvenient to preserve the 
same in his office, and after such destruction the Auditor's books shall be primary 
evidence to the contents of said original returns. 
Civ. '02, § 372; 1898, XXII, 745. 

§ 414. County Auditors to Keep an "Abatement Book" — Use of, etc. — 

It shall be the duty of the County Auditor to keep as a permanent record in his 
office, a book to be known as the "Abatement Book" (to be furnished to him 
by the Comptroller-General), wherein the County Auditor shall enter separately 
each and every abatement of taxes granted and allowed. Said abatement book 
shall be so kept as to show in each case, under appropriate columns, the number of 
the page and the number of the line of the tax duplicate where the item abated 
appears, the name of the taxpayer, the amount and kind of tax charged on the 
duplicate, and for what year ; the amount abated and date of abatement, in each 
case, and if the tax be on property, a description of property, also the reason 
why the abatement was applied for and allowed. After the abatement papers are 
so entered, they shall be filed in Auditor's office by consecutive numbering of 
each, and the number on the abatement paper shall be entered in the abatement 
book where the paper is entered, so there may be easy reference thereto. Said 
abatement book shall be kept by townships and summed up separately for each 
fiscal year; with a recapitulation showing at end of year the amount of State', 
County, school, poll and other tax abated during the fiscal year in the whole 
County. 

Record in Annual Settlement. — The abatements allowed in annual settle- 
ments between County Auditor and Treasurer shall be according to the record in 
said abatement book. 

Civ. '02, § 373; 1900, XXIII. 307. 

§ 415. "When Duty of Auditor to Permit His Books Inspected. — After 
the County Auditor has completed his assessment it shall be his duty to permit 
any person authorized to assess or collect municipal taxes for any town or city 
to inspect and use- his books, without charge, for the purpose of taking there- 
from the assessed valuation of property within the limits of said city or town. 

Civ. '02, § 374; 1896, XXII, 59, § 3. 



ARTICLE 13. 
Boards of Assessors and Equalization. 



Sec. 



416. Tax districts. 

417. Assessment of property for taxa- 

tion — Township Boards of As- 
sessors, etc. — Special provisions. 

418. Compensation of Township and 

County Boards of Assessors. 

419. Duties of Township Assessors de- 

volving on Township Coinmis- 
sioners in certain counties. 

420. Compensation of Township As- 

sessors. 

421. Compensation of County Board of 

Equalization. 

422. Duty of County Auditor and 

Township Assessors to seek for 
property unreturned. 

423. Annual meeting of Township 

Boards of Commissioners and 
Assessors — Duties — Assessment 
of real estate. 



Sec. 



424. Each Township Commissioner to 

canvass territory. 

425. Compensation of chairman of. 

Board of Assessors for canvass 
in incorporated cities and towns. 

426. Alphabetical list of persons. 

427. When County Boards of Equali- 

zation shall meet. 

428. Valuations thus made to be 

adopted by Auditor. 

429. How Board of Assessors appointed 

in cities and towns. 

430. Special Board of Equalization for 

city of Charleston — Powers — 
Duties of County Auditor. 

431. Special Board for the city of Co- 

lumbia. 

432. Special Board of Assessors for 

towns of Manning and Summer- 
ton. 



148 • CIVIL CODE [ §§ 416-418 

Sec. _ Sec. 

433. Special Town Soard of Equaliza- 437. Time of meeting and proceedings 

tion for towns of Manning- and of State Board. 

Summerton. 438. Compensation of members of 

434. County Auditors to add to or de- Board of Equalization. 

duct from valuation as directed 439. Comptroller-General to transmit 

by the Board. result of deliberations to County 

435. Uniform assessment. Auditors. 

436. State Board of Equalization — How 

constituted, etc. 

§ 416. Tax Districts. — In Counties in which Townships have been laid 
out, each Township shall be a tax district. 

In any County in which Townships have not been laid out, the County Au- 
ditor shall divide his County into as many tax districts as may be necessary, and 
for the purpose of this Section, each ward and parish in the city and County of 
Charleston shall be considered a tax district, and (1) so much of the County of 
Charleston as formerly was part of the parishes of Saint James Santee and Christ 
Church (except Sullivan's Island), and (2) Sullivan's Island, and (3) so much 
of said County as was formerly a part of St. Andrew's Parish, and (4) that part 
of said County outside of the city of Charleston and part of the Parish of St. 
Philip, shall, severally, be tax districts of said County .^"^ 

. Civ. '02, § 375; G. S. 253; 1882, XVIII, 98. 

§ 417. Assessment of Property for Taxation— Township Boards of 
Assessors, etc. — Special Provisions. — Except in the Counties of Barnwell, 
Beaufort, Charleston, Cherokee, Chester, Kershaw and Hampton, the duties rel- 
ative to the valuation, assessment and return of property for taxation are hereby 
devolved upon Township Boards of Assessors, Special Boards of Assessors for 
cities and towns, as now provided by law, and the County Board of Equaliza- 
tion, which said Township and Special Boards shall be appointed every two years 
by the Governor, upon the recommendation of the members of the General As- 
sembly from the respective Counties, or a majority of them, and their office shall 
be co-terminal with that of the Governor appointing them, and until their succes- 
sors shall be appointed and qualified, and the Chairman of each of said Boards 
shall be, ex officio, a member of the County Board of Equalization: Provided, 
That in Horry, Newberry and Pickens Counties, the Township and town Boards 
shall be appointed by the Auditor : Provided, That in the County of Hampton 
the Township Board of Assessors sjiall consist of three in each Township, who 
shall hold their offices for two years and until their successors shall be appointed 
and qualified. The Chairman of each of the Township Boards of Assessors, who 
shall be selected out of their number by the members of each of the said Town- 
ship Boards, shall constitute the Boards of Equalization for the said County, 
who shall, with the assistance of the Auditor of said County, perform the duties 
of equalization now provided by the general law of this State. 

Civ. '02, § 376; 1899, XXIII, 116; 1900, XXIII, 284; 1901, XXIII, 671; 1908, XXV, 
1190. 

§ 418. Compensation of Township and City Board of Assessors. — 

That the Township Assessors and City Boards of Assessors of the various Coun- 
ties and towns and cities of the State shall each receive as a compensation for 
their service, the sum of two dollars per day for the time actually employed, not 
to exceed three days in any one year, except in those years when real estate is to 
he assessed, when the number of days charged for shall not exceed five : Provided, 
That in those Townships or tax districts in which is situated an incorporated 
town or city of. one thousand and less than five thousand inhabitants they shall 
be- paid for not exceeding five days, and in those Townships or" tax districts in 

37. This P.c^ard of Assessors has quasi judicial in case of mistake or fraud. State v. Cromer, 35 

authority, and when its action as to assessments is S. C. 213, 14 S. E. 493; State '■. Covington, 35 

concurred in by the County Board of Equalization S. C. 245, 14 S. E. 499. 
it is res adjudicata and final and conclusive, except 



§§ 419-421 ] OP SOUTH CAROLINA. ' 149 

which there is an incorporated town or city or manufacturing community of four 
thousand and less than ten thousand they shall be paid for not exceeding ten 
days, and in those townships or tax districts in which there is an incorporated 
town or city of ten thousand inhabitants or more they shall be paid for not ex- 
ceeding thirty days : Provided, further. That no per diem shall be paid unless 
accompanied by the affidavit of such member giving the number of days actually 
employed and by the certificate of the County Auditor to the effect that such 
member has fully performed all the duties required by this Article and the chair- 
man of all Townships : Provided, further, That in Hampton County the said 
Board of Township Assessors shall each receive as compensation for his services, 
in the performance of the duties devolving upon them as such assessors, two dol- 
lars per day, without mileage, for each day actually employed in the performance 
of their duties, not exceeding three days in each year ; and the members of the 
said Board of Equalization shall each receive three dollars per day, for each day 
employed in the performance of their duties as such Equalization Board for not 
exceeding three days in each year, in addition to the time employed with the Board 
of Assessors : Provided, That no per diem of any member of said Board shall 
be paid unless a statement of the claim shall be presented, showing the number of 
days actually employed, accompanied by the affidavit of the claimant to the effect 
that such number of days have been employed in the performance of their duties ; 
and by a certificate of the County Auditor to the same effect. 

1902, XXIII, 1085; 1908, XXV, 1190. 

§ 419. Duties of Township Assessors Devolving' on Township Com- 
missioners in Certain Counties. — In the Counties of Barnwell, Beaufort, 
Charleston, Cherokee, Chester and Kershaw the duties of the Township Boards 
of Assessors are devolved upon the Township Boards of Commissioners, who, 
upon taking the oath prescribed by the Constitution (Article III, Section 26), 
shall meet at some convenient place in their respective districts for the purpose 
of assessing the value of real and personal estate in their tax districts for taxa- 
tion. The Chairmen of the Township Boards of Commissioners shall be ex 
officio members of the County Boards of Equalization in said Counties. 

Civ. '02, § 377; G. S. 253; R. S. 306; 1899, XXIII, 117, § 8; 1900, XXIII, 280; 1901, 
XXIII, 666; 1902, XXIII, 1084; 1903, XXIV, 27. 

§ 420. Compensation of Township Assessors. — ^Each mernber of the 
Township Board of Commissioners shall receive for his services in performing 
the duties devolved upon him by Section 419 two dollars for each day actually 
employed, not exceeding three days : Provided, That in those Townships or tax 
districts in which is situated an incorporated town or city of one thousand and 
less than five thousand inhabitants they shall be paid for not exceeding five days ; 
and in those Townships or tax districts in which there is an incorporated city or 
town of five thousand and less than ten thousand inhabitants they shall be paid 
for not exceeding ten days ; and in those Townships or tax districts in which 
there is an incorporated town or city of ten thousand inhabitants or more they 
shall be paid for not exceeding twenty days : Provided, further. That no per diem 
shall be paid unless accompanied by the affidavit of such member, giving the num- 
ber of days actually employed, and by the certificate of the County Auditor to 
the effect that such member has fully performed all the duties required by this 
Article, and the Chairmen of said Township Boards of Commissioners when act- 
ing as members of the County Board of Equalization shall receive as compensa- 
tion for their services three dollars per day for each day actually employed in 
performing such duties, and mileage at five cents per mile each way for travel ac- 
tually performed, to be paid by the County Treasurer upon the warrant of the 
County Board of Commissioners on the certificate of the County Auditor. 

Civ. '02, § 378; 1897, XXII, 468, § 7; 1909, XXVI, 35. 

§ 421. Compensation of County Board of Equalization. ^The mem- 
bers of the County Board of Equalization of the various Counties of this State 



150 • CIVIL CODE [ §§ 422-423 

shall each receive as a compensation for their service the sum of two dollars per 
day for the time actually engaged and five cents per mile for necessary travel, the 
number of days charged for in any one year not exceeding five, except in those 
years when real estate is to be assessed, when the number of days charged for 
shall not exceed ten. 

Civ. "02, § 378; G. S. 255; R. S. 310; 1882, XVII, 1020; 1902, XXIII, 1085. 

§ 422. Duty of County Auditor and Township Assessors to Seek for 
Property Unreturned. — It shall be the duty of the County Auditor and the 
Township Board of Assessors, on or before the first Tuesday of March in each 
year, to diligently seek for and discover all property, both real and personal, in 
his County subject to taxation and not previously returned or listed with him; 
and it shall be his duty to list the same for taxation, giving the valuation thereof, 
with the name of the owner or person to whom it is taxable. 

Civ. '02, § 379; 1897, XXII, 465, § 2. 

County Auditor to Lay bei'ore Township Assessors List o^ Property Not 
Returned — It shall be the duty of the County Auditor, on or before the first 
Tuesday of j\Iarch in each year, to lay before the Township Boards of Assessors 
and the Special Boards of Assessors the returns of all property, both real and 
personal, made to him, together with a list of all property, both real and per- 
sonal, which he can discover has not been previously returned or listed for taxa- 
tion, as required by law, stating in the columns of remarks upon each return and 
list what he believes ought to be the valuation of the property returned or listed. 

1897, XXII, 465, § 3. 

§ 423. Annual Meeting of Township Boards of Commissioners and 
Assessors — Duties — Assessment of Real Estate. — The Township Boards 
of Assessors and Special Board of Assessors shall meet annually, on the first 
Tuesday in Alarch, or as soon thereafter as practicable, at some convenient place 
or places for the purpose of performing the duties devolved upon them. It shall 
be their duty to carefully consider the returns and lists laid before them by the 
County Auditor, and if necessary to compare the same with th^ tax returns and 
tax duplicate for the previous year or years. They shall diligently seek for and 
discover all property, both real and personal, in their respective tax districts not 
previously returned by the owner or agents thereof or not listed for taxation by 
the County Auditor, and thereupon it shall be their duty to list the same for 
taxation in the name of the owner or person to whom it is taxable. It shall there- 
upon be their further duty to fairly and impartially assess the value of all prop- 
erty, both real and personal, in their respective tax districts, entering upon their 
returns and lists furnished them. And they shall have the right in performing 
their duties hereunder to increase or to lower the valuation of any property, real 
or personal, as* fixed by the County Auditor or as returned by any person; and it 
shall not be deemed material whether the return so increased was intentionally or 
unintentionally false, or whether the property whose value is so raised was inten- 
tionally or unintentionally returned at less than its fair cash value by the County 
Auditor and upon the lists made out by them, the valuation fixed by them ; bat 
they shall not reduce the aggregate value of real and personal property below the 
aggregate value thereof as returned to the County Auditor, said returns and lists, 
with said valuations, to be by them laid before the County Auditor on or before 
the third Tuesday of March in each year: Prov-ided, hotvever, That real estate 
shall be valued and assessed by said Boards only in those years when real estate 
is by law required to be returned, except that the Board may, in any year, value 
and assess any real estate and improvements thereon which they may ascertain 
or discover have not previously been returned or assessed for taxation. When- 
ever the valuation and assessment of any property is fixed by said Boards at a 
sum greater by one hundred dollars or more than the amount returned by the 
owner or his agent, or whenever any property is valued and assessed for taxation 
which has not been previously returned or assessed, it shall be the duty of the. 



§§424-427] OF SOUTH CAROLINA. ' . 151 

County Auditor, on or before the fourth Monday in March, of the year in which 
the valuation and assessment is made, to give to the owners or agent of such 
property written notice thereof, which notice may be served upon such owner or 
his agent personally, or by mailing the same to such person or his agent at his last 
known place of residence, and such owner or his agent, if he objects to such valua- 
tion and assessment, shall have the right of appeal to the County Board of Com- 
missioners sitting on the County Board of Equalization, which appeal shall be 
heard by said County Board. The account of the County Auditor for the neces- 
sary stationery and postage to enable him to give the notice herein required 
shall be a valid claim against the County and shall be paid as other County 
claims are paid. Nothing in this Article contained shall be construed as interfer- 
ing with the duty of the County Auditor of adding fifty per cent, to the value of 
personal property as a penalty, as provided in Sections 386, 403, 405, and 398, nor 
with the duties of the County Auditor prescribed in Section 399. 
Civ. '03, § 380; 1897, XXII, 465, § 4, amd.; 1901, XXIII, 617. 

§ 42 4. Each Township Commissioner to Canvass Territory.^Each 

Chairman, or his agent, of the Boards of Assessors of the Townships of the State 
shall, under the direction and supervision of the County Auditor, canvass the 
territory within which his Board is charged with the assessment of property for 
taxation, immediately after the expiration of the time limited for returning prop- 
erty for taxation, for the purpose of discovering and having placed upon the tax 
books all taxable property of every description, and polls, which has not been re- 
turned to the County Auditor, and shall make a sworn written report of all such 
property and polls to the County Auditor. The said Chairman, or his agent, 
shall receive from the County a per diem of two dollars for each day while ac- 
tually engaged in making such canvass for not more than five days in any one 
year: Provided, Said return of polls shall be in lieu of return of polls now re- 
quired by law to be made by School Trustees. 
1905, XXIV, 901, § 1. 

§ 425. Compensation of Chairman of Board of Assessors for Can- 
vass in Incorporated Cities and Towns. — In those Townships or tax districts 
in which there is an incorporated city or town of four thousand inhabitants and 
more, said Chairman, or his agent, shall receive from the County a per diem of 
two dollars for each day while actually engaged in making such canvass, for not 
more than ten days : Provided, further. That no per diem shall be paid unless 
accompanied by the affidavit of such Chairman, or his agent, giving the number 
of days actually employed, and by the certificate of the County Auditor to the 
effect that such Chairman, or his agent, has fully performed the duties required 
by this and the preceding Section, and is entitled to said per diem. 

1905, XXIV, 901, § 2. 

§ 426. Alphabetical List of Persons. — It shall be the duty of the County 
Auditor, immediately after the expiration of the time limited for returning prop- 
erty, to prepare for each Township or tax district in his County an alphabetical 
list of all persons who have made returns of property and polls for taxation, for 
the use of the "Chairman of the Board of Assessors in making the canvass herein 
provided for. 

1905, XXIV, 901, § 3. 

§ 427. When County Boards of Equalization Shall Meet The County 

Boards of Equalization shall meet on the fourth Tuesday in March in each year, 
and at such other times as the Chairman or a majority of the Board shall direct, 
at the office of the County Auditor, who shall act as their clerk. 

Duty op County Boards oi^' Equalization — Ruivijs GoviIrning. — The County 
Auditor shall thereupon lay before them the returns of property made to him and 
all property listed by him and by the Board of Township Assessors and Special 
Boards of Assessors. Each member, having taken an oath, before some officer 



152 CIVIL CODE [ §§ 428-430 

duly qualified to administer the same, fairly and impartially to equalize the value 
of the real and personal property of their County according to the provisions of 
law, the Board shall immediately proceed to equalize the valuations fixed by the 
Board of Township Assessors and Special Board of Assessors, so that each piece 
of property shall be entered on the tax list at its true value. They shall hear all 
grievances and appeals from the valuations and assessments fixed by the Town- 
ship Boards of Assessors and Special Boards of Assessors and act upon the same. 
For the purpose of performing their duties said Board shall also observe the fol- 
lowing rules : 

First. They shall raise the valuation of such tracts and lots of real property, 
or articles of personal property, as in their opinion have been returned or as- 
sessed below their true value to such price or sum as they may believe to be the 
true value thereof, and due notice shall be given to the owner or agent of such 
property. 

Second. They shall reduce the valuation of such tracts and lots of real prop- 
erty, and articles of personal property, as in their opinion have been returned or 
assessed above their value as compared wnth the average valuation of the prop- 
erty of such County, having due regard to the relative situation, quality of soil, 
improvement and natural and artificial advantages possessed by each tract or lot 
of real property. 

Third. They shall not reduce the aggregate value of real and personal property 
below the aggregate value thereof as returned to the County Auditor. The Au- 
ditor shall keep an accurate journal or record of the proceedings and orders of 
said Board. 

Any person whose property has been or may be assessed above its true value who 
cannot secure relief from said Board shall have the right to appeal to the Comp- 
troller-General, to whom shall be forwarded all testimony relative to each al- 
leged grievance and who shall act thereupon.^s 

Civ. '02, § 381; 1897, XXII, 466, § 5. 

§ 428. Valuations Thus Made to Be Adopted by Auditor. — The said 
returns and list of taxable property, with the valuations fixed as hereinbefore 
provided, shall thereupon be adopted by the County Auditor for the purposes of 
taxation for the ensuing year, and shall be permanently entered of record by him 
upon the tax books of his County. 

Civ. '02, § 382; 1897, XXII, 466, § 6. 

§ 429. How Board of Assessors Appointed in Cities and Towns. — 

The Governor shall appoint, upon recommendation of the Senator and members 
of the House of Representatives from the respective Counties, three discreet elect- 
ors in each incorporated city and town of this State having a population of not 
less than five hundred inhabitants, who shall be known as the Board of Assessors 
of such cities and towns, whose terms of office shall be co-terminal with that of 
the Governor by whom such Assessors shall have been appointed, and, until their 
successors shall have been appointed and qualified. The duties heretofore de- 
volved upon the Township Board of Commissioners as Assessors shall be devolved 
upon the Board of Assessors herein provided for within the limits of their respec- 
tive cities and towns : Provided, That nothing contained in this Section shall be 
construed as affecting the Special Board of Assessors in the cities of Charleston 
and Columbia. 

Civ. '02, § 383; 1897, XXII, 466, § 9. 

§ 430. Special Board — Equalization for City of Charleston — Powers 
— Duty of County Auditor. — There shall be a special board for the equaliza- 
tion of real and personal property, moneys and credits in the city, of Charleston, 
to be composed of the County Auditor and six citizens of said city, to be elected 

38. The decision of the County Board can only S. C. 213, 14 S. E. 493; State v. Covington, 35 
be reviewed on this appeal. State v. Cromer, 35 S. C. 245, 14 S. E. 499. 



§§431-432] OF SOUTH CAROLINA. , 153 

by the City Council of Charleston, and subject to removal by the said City Coun- 
cil, which Board shall meet annually at the County Auditor's office on the first 
Tuesday in March, and shall have power to equalize the value of the real and 
personal property, moneys and credits within said city, and shall be governed by 
the rules, provisions and limitations prescribed for the government of the annual 
County Boards of EquaHzation : Proznded, hozvever, That if for any reason the 
Special Board of EquaHzation of real and personal property, money and credits 
in the city of Charleston shall consider it advisable to have a reassessment of real 
estate in said city in any year, said Board shall order such reassessment to be 
made by the Board of Assessors for the city of Charleston, and by advertisement 
in some newspaper published in the city of Charleston, once a week for four weeks 
previous to the first day of January in any year, order and require all persons in 
said city to make returns of real estate, as well as personal property, in such year 
in the manner provided by law, but said Board shall not continue in session for 
more than two weeks in one year ; and it shall be the duty of the County Auditor, 
and he is hereby required, on or before the twentieth day of ^larch, in each and 
every year, to furnish to the municipal authorities, for the purpose of municipal 
taxation, an abstract of the real and personal property in the city of Charleston, 
with the assessment of valuation thereon, according to the said County Auditor's 
books. And in order that the said County Auditor may comply with this require- 
ment, the City Assessor of the city of Charleston, his deputies and clerks, shall 
attend and assist the County Auditor in his office, and under his direction, con- 
trol and supervision, between the first day of January and the twentieth day of 
March, shall receive and enter the tax returns -for all property within the County 
of Charleston, that is within the corporate limits of the city of Charleston, and 
make an abstract with the assessment of valuation thereon, according to the 
County Auditor's books, which abstract shall be certified by the County Auditor 
as a complete assessment of the property assessed, and such abstract so made and 
certified shall be deemed official- and shall be available as a basis for the assess- 
ment of such taxes for municipal purposes on or before the twentieth day of 
March in each year. 

Civ. '02, § 384; G. S. 256; R. S. 311; 1897, XXII, 430; 1910, XXVI, 626. 

§ 431. Special Board for the City of Columbia. ^ — There shall be a Spe- 
cial Board of Assessors for the city of Columbia, to consist of three discreet 
residents of said city, to be appointed annually by the City Council of the city of 
Columbia on or before the first day of January in each and every year, who shall 
have all the duties, powers, privileges and compensation as are now devolved 
by law upon the Board of Township Assessors for Columbia Township so far as 
said duties, powers and privileges relate to the assessment and valuation of prop- 
erty in the city of Columbia and the duties, powers and privileges of the said 
Board of Township Assessors for Columbia Township so far as they relate to 
the assessment and valuation of property shall be confined to so much of Colum- 
bia Township as lies outside of the limits of the city of Columbia. 

Civ. '02, § 385. 

§ 432. Special Board of Assessors for Towns of Manning and Sum- 
merton. — There shall be a special Board of Assessors for the town of Manning 
and the town of Summerton, respectively, to consist of three discreet residents and 
freeholders of said towns, to be appointed annually by the Town Council of the 
town of Manning and the town of Summerton, respectively, on or before the first 
day of May, 1908, in each and every year, who shall have all the duties, powers, 
privileges and com.pensations as are now devolved by law upon the Board of 
Township Assessors for Manning, Friendship and Concord Townships, so far as 
said duties, powers and privileges relate to the assessment and valuation of prop- 
erty in the town of Manning and the town of Summerton, respectively, and the 
duties, powers and privileges of the said Board of Township Assessors for ]\'Ian- 
ning. Friendship and Concord Townships, so far as they relate to the assess- 



154- CiriL CODE [ §§ 433_437 

ments and valuation of property, shall be confined to so much of 3.1anning, Friend- 
ship and Concord Townships as lies outside of the limits of the towns of ]\lan- 
ning and Summerton. 

1908, XXV. 1126. 

§ 433. Special Town Board of Equalization for Towns of Manning 

and Summerton. — There shall be a Special Town Board of Equalization for 
the towns of Planning and of Summerton, respectively, composed of three resi- 
dent freeholders, to be appointed by the Town Council of the town of ^Manning 
and of Summerton, respectively. Their duties shall be the same, as affecting the 
property in said towns, and the Special Board of Assessors for said town of 
IManning and of Summerton (as above provided), as provided in Section 427 for 
County Board of Equalization. There may be appeals from the Special Town 
Board of Assessors to the Special Town Board of Equalization, and the decision 
of the latter shall be final as affecting the property of the town of Planning and 
of the town of Summerton, and the Chairman of said Special Boards of Equaliza- 
tion shall report the result of both Boards as to the assessment of all property 
in the town of 2\Ianning and the town of Summerton to the County Auditor. 

1908,, XXV, 1126, § o. 

§ 434. County Auditor to Add to or Deduct from Valuation as Di- 
rected by the Board. — The County Auditor shall add to, or deduct from, the 
value of real estate or personal property such per centum, in villages, towns, 
wards, blocks, or other districts, as may be ordered by the Board of Equalization 
of the city or County, as the case may be, on the duplicate, distributing the same 
pro rata to each owner, and shall add to, or deduct from, the valuation of the real 
or personal property of individuals, companies, or corporations, such sum or sums 
as may be ordered by either of said Boards.-^''' 

Civ. "03, § 386; G. S. 257; R. S. 312; 1897, XXII, 1021. 

§ 435. Uniform Assessment. — Taxes for Township, school, municipal 
and all other purposes provided for or allowed by law shall be levied on the 
same assessment, which shall be that made for State taxes. 

AIuxiciPAL Authorities to Copy Assessment from Auditor's Books. — All 
persons charged with the assessm.ent or collection of taxes for municipal pur- 
poses may copy from the County Auditor's books the assessment of valuation 
thereon found, and may use the same as the basis for the assessment of taxes 
for municipal purposes : Provided, That nothing herein contained shall prevent 
the municipal authorities from assessing and collecting taxes upon property not 
upon the Auditor's book. 

Civ. '02, § 387; 1896, XXII, 59. 

§ 436. State Board of Equalization — How Constituted, etc. — At the 

first meeting of said Board they shall elect one of their number who shall be a 
member of the State Board of Equalization and who shall perform all the func- 
tions of said office as now provided by law. The member so elected must file with 
the Comptroller-General a certificate of his election on or before the meeting of 
the State Board. 

The Comptroller-General shall submit the said certiiicates of election and the 
abstracts of real property transmitted to him by the County Auditors to the State 
Board when it convenes, and shall transmit its decision to the County Auditors, 
who shall forthwith conform their action thereto. 

Civ. '02, § 388; G. S. 258; R. S. 313; 1897, XXII, 1021, § 242: 1S93, XXI. 483. § 9. 

§ 437. Time of Meeting and Proceedings of State Board. — The said 
Board shall meet at Columbia on the second Tuesday in July, one thousand eight 
hundred and ninety- four, and on the same day in every fourth year thereafter. 

39. Auditor cannot add to the valuation of prop- S. E. 493; State i'. Covington, 35 S. C. 245, 14 
erty of corporations where same has been approved S. E. 499. 
by the Board. State r. Cromer, 35 S. C. 213, 14 



§§438-439] OF SOUTH CAROLINA. 155 

Each member shall take an oath or affirmation that he will, to the best of his 
knowledge and abiHty, so far as the duty devolves on him, equalize the valuation 
of real property among the several Counties, towns, cities and villages in this 
State according to the rules prescribed by this Chapter for valuing and equalizing 
the value of real property; and having received from the Comptroller-General 
the abstracts of real property transmitted to him by the several County Auditors, 
said Board shall proceed to equalize the same among the several towns, cities, 
villages and Counties in this State in the manner hereinafter prescribed. 

1st. They shall add to the aggregate value of the real property of every County 
which they shall believe to be valued below its true value in money such per 
centum in each case as will raise the same to its true value in money. 

2d. They shall deduct from the aggregate valuation of the real property of 
every County which they shall believe to be valued above its true value in money 
such per centum in each case as will reduce the same to its true value in money. 

3d. If they beUeve that right and justice require the valuation of the real prop- 
erty of any town, city or village in any County, or of the real property of such 
County not in towns, cities or villages, to be raised or to be reduced, without 
raising or reducing the other real property of such County, or without raising or 
reducing it in the same ratio, they may in every such case, add to or take from the 
valuation of property in any one or more of such towns, cities or villages, or of 
property not in towns, cities or villages, such per centum as they believe will raise 
or reduce the same to its true value in money. The Board shall keep a full ac- 
count of their proceedings and orders. 

Civ. '02, § 389; G. S. 258; R. S. 314; 1897. XXII, 1021, § 242; 1885, XIX, 164, § 3. 

§ 438. Compensation of Members of Board of Equalization Each 

member of the Board shall receive three dollars per day for each day he shall be 
employed in performing the duties enjoined upon him, and five cents per mile 
for traveling to, and the same for returning from, the seat of government, to be 
computed by the most usually traveled route, and paid out of the State Treasury, 
on the warrant of the Comptroller-General. 

Civ. '02, § 390; G. S. 259; R. S. 315; 1897, XXII, 1022, § 243; 1890, XX, 718. 

§ 439. Comptroller- General to Transmit Results of Deliberations to 
County Auditors. — When the State Board of Equalization shall have com- 
pleted their equalization of real property among the several Counties, the Comp- 
troller-General shall transmit to each County Auditor a statement of the per cen- 
tum to be added to, or deducted from, the valuation of the real property of his 
County, specifying the per centum added to, or deducted from, the valuation of 
the real property in each of the several towns, villages, and cities, and of real 
property not in towns, villages, or cities, in each case an equal per centum shall 
not have been added to, or deducted from each ; and the County Auditor shall 
forthwith proceed to add to, or deduct from, each tract or lot in his County the 
required per centum on the valuation thereof as it stands, after having been 
equalized by the County Board of Equalization, adding any fraction over fifty 
cents, and deducting any fraction less than fifty cents, so that the valuation of 
any tract or lot shall not contain any fraction of a dollar, and charge the same with 
taxes upon such equalized value. 

Civ. '02, § 391; G. S. 260; R. S. 316; 1897, XXII, 1022. § 243; 1890, XX, 718. 



156 CIVIL CODE [ §§ 440-442 

CHAPTER XV. 

The Collection of Taxes. 

Article 1. The County Treasurer — appointment, tenure of office, compensa- 
tion, etc., 156. 

Article 2. Powers and Duties of County Treasurer and general provisions con- 
cerning the collection of taxes, 157. 

Article 3. Remedies and proceedings for relief of taxpayers, 162. 

Article^ 4. Enforced collection of delinquent taxes, 166. 

Article 5. Annual settlement of County Treasurers, 171. 



ARTICLE 1. 

The County Treasurer — Appointment, Tenure of Office, Compensation, 

Etc. 

Sec. Sec. 

440. County treasurer — How appointed 442. Treasurers of Charleston and 

— Bond. Berkeley Counties may appoint 

441. Suspension and removal from of- deputies — Duties and compensa- 

fice. tion. 

§ 440. County Treasurer — How Appointed — Bond. — The Governor is 
authorized by, and w^ith the advice and consent of^ the Senate, to appoint for 
each County in the State a County Treasurer, v^ho shall hold office for two years 
and until his successor is appointed and qualified. Before entering upon the 
duties of his office he must take and subscribe the oath of office prescribed by the 
Constitution, and also the oath with respect to duelling. The Governor may re- 
quire from said officer such bond as he may deem necessary, but the bond of the 
County Treasurer of Charleston County shall not be less than fifty thousand dol- 
lars ; the bonds of the County Treasurers of the Counties of Richland and Beau- 
fort, respectively, not less than thirty thousand dollars ; the County Treasurers of 
Saluda and Dorchester, respectively, ten thousand dollars ; and the County Treas- 
urer of Berkeley County, twelve thousand dollars; the County Treasurer of 
Bamberg County, fifteen thousand dollars ; the County Treasurer of Georgetown 
County, twenty-five thousand dollars ; and the County Treasurer of Horry 
County, thirty thousand dollars; and the bonds of the County Treasurers of the 
other Counties, respectively, not less than tw^enty thousand dollars. ^ 

Civ. '02, § 392; 1897, XXII, 410, 440, 603, 584; 1898, XXII, 744; 1904, XXIV, 425; 
1907, XXV, 629, 633; 1908, XXV, 1031. 

§ 441. Suspension and Removal from Oflfice. — County Treasurers shall 
be subject to suspension and removal from office by the Governor, upon the same 
grounds and in the same manner as prescribed in Section 382 in relation to 
County Auditors, and all the provisions of said Section are hereby made ap- 
plicable in cases of suspension and removal of County Treasurers. 

Civ. '02, § 393; G. S. 222; R. S. 318; 1897, XXII, § 207. 

§ 442. Treasurers of Charleston and Berkeley Counties May Ap- 
point Deputies — Duties and Compensation. — The Treasurer of Charleston 
County may appoint one deputy and the Treasurer of Berkeley County three 
deputies, whose duty it shall be to assist in the collection of taxes in said Coun- 
ties, respectively. Each deputy shall receive as compensation for his services the 
same commissions as are paid for collection of taxes to the County Treasurer, 
but the total amount paid to such deputy in any current year shall not exceed 

1. Liability on bond. Greenville Co. v. Run- Watson, IS S. C. 9: Aiken Co. z\ Murray, 35 S. 
ion, 9 S. C. 1; State v. Teague, 6 S. C. 149; C. 508, 14 S. E. 954. 
State V. Baldwin, 14 S. C. 139; York County v. 



443-445 ] 



OF SOUTH CAROLINA. 



157 



five hundred dollars. Their duties shall be confined to the collection of simple 
taxes and shall not include penalties attached thereto. They shall give such bond 
for the faithful performance of their duties as said Treasurers, respectively, 
shall require. 

Civ. '02, § 394; G. S. 265; R. S. 319; 1897, XXII, 1023, § 249; 1882, XVIII, 98, 223. 



ARTICLE 2. 

Powers and Duties oe County Treasurer, and General Provisions Con- 
cerning THE Collection of Taxes. 



Sec. 



Sec. 



443. When office to be kept open. 

444. County Treasurer may attend 

convenient places to collect 
tax — Dorchester County. 

445. Taxes payable annually — How 

payable. 

446. Apportionment of taxes on lands 

transferred after return but be- 
fore time of payment. 

447. General cash account of County 

Treasurer — Entries — Account 
with school districts. 

448. When and how money forwarded 

to State Treasurer — Reports — 
Duty respecting penalty. 

449. Notifies County Commissioners of 

funds collected — Reports monthly 
to County Supermtendent of 
Education. 



450. Monthly report to Comptroller- 
General. 

451. County Treasurer required to de- 
posit certain funds at interest. 

452. Annual report to Superintendent 
of Education. 

453. Annual report to Court of General 
Sessions — Exceptions. 

454. Delinquent taxes — Penalty — Exe- 
cution. 

455. Mortgagee inay pay tax and in- 
clude same in mortgage debt. 

456. Comptroller-General may remit 
penalties in certain cases. 

457. Property liable for distress and 
sale for delinqueni taxes. 

458. Chattel tax may be recovered by 
distress or suit. 

459. Steps to be taken when owner of 
chattel in another county. 

§ 443. When OflEice to Be Kept Open. — The County Treasurer shall keep 
his office open for the receipt of taxes during the times fixed from time to time 
by law. 

Civ '02, § 396; 1882, XVtl, 1023, § 246. 

§ 444. County Treasurer May Attend Convenient Places to Collect 
Tax — Dorchester County. — The County Treasurers of the respective Counties 
may attend at certain safe and convenient places for the purpose of collecting 
taxes. They shall give twenty days' public notice of the days when they will be 
at the places designated : Proznded, That the provisions of this Section shall not 
apply to the Counties of Chester, Georgetown, Sumter, Spartanburg and York: 
Provided^ further, That in the County of Dorchester, in addition to the provisions 
already provided for the collection of taxes, the County Treasurer shall give 
twenty days' public notice of the time and place he shall attend for the collection 
of said taxes at the following places in said County, to wit : Reevesville, Grover, 
Harleyville, Ridgeville, Givhans, Delmars, and Summerville. 

Civ. '02, § 397; 1896, XXII, 61; 1905, XXIV, 833; 1906, XXV, 44. 

§ 445. Taxes Payable Annually — How Payable. — All taxes shall be 
due and payable between the 15th day of October and the 31st day of December 
after their assessment in each and every year; they shall be pa)'-able in the fol- 
lowing kinds of funds, and no other : Gold and silver coin. United States cur- 
rency, national bank notes and coupons, which shall become due and payable 
during the current year on the consolidated bonds known as Brown bonds, and 
the bonds of this State known as Blue bonds, and any other State bonds which 
may be issued by authority of an Act of the General Assembly the coupons of 
which are by such Act made receivable for taxes : Proznded, hoivever, That jury 
certificates and per diem of State witnesses in the Circuit Court and all County 
claims which have been approved and certificates issued by the County Board of 



158 CIJ'IL CODE. [§§446-447 

Commissioners, shall be receivable for County taxes, not including school taxes ; 
and the several County Treasurers under the direction and supervision of the 
Comptroller-General shall collect the same, in the manner prescribed by law, and 
give receipts therefor to the several parties paying the same, in which the real 
estate paid on shall be briefly described and the value of the personal property 
paid on shall be stated, together with the time such taxes are paid, the amount 
of the same, and the Township wherein such property is located. Immediately 
upon the receipt of the tax duplicate for the year from the County Auditor, the 
County Treasurer shall cause a notice to be inserted in one County newspaper 
in his County, stating the rate per centum of the levy for State purposes and the 
rate per centum for all -other purposes on the duplicates for the current fiscal 
year; and if any special levies have been made on the property of the school or 
other district not affecting an entire County, the total rate of levies shall also be 
stated in such notice. Said County Treasurers are forbidden to collect any other 
tax whatsoever levied for the fiscal year unless expressly authorized to do so, 
except the taxes authorized by law to meet the interest and to retire the bonds 
issued by Counties and Townships in aid of railroads, and bonds voted by Town- 
ships in aid of railroads where the railroads have been completed through said 
Townships, as taxes voted by towns or Counties or assessed upon Townships as 
subscriptions to railroads, and taxes to build fences under statutes authorizing 
and directing the same; and except also the special school tax authorized to be 
levied in any school district of the State, and except such special tax or collections 
as are authorized under any Act or Joint Resolution of the General Assembly; 
said Countv Treasurers are hereby prohibited from collecting any tax except such 
as has been first entered upon the tax duplicates of their respective Counties or 
upon the order of the Auditors of said Counties : Provided, That said County 
Treasurers shall furnish the said County Auditors of their respective Counties 
■with the names of the taxpayers who may apply to pay their taxes against whom 
no taxes shall have been entered on the tax duplicate. Any State or county 
officer who shall fail to comply with or who shall evade or attempt to evade the 
provisions of this section shall be deemed guilty of felony, and upon conviction 
thereof shall be punished by a fine not exceeding five thousand dollars or by 
imprisonment for a period not exceeding five years, or both, at the discretion 
of the Court.2 

Civ. •'02, § 398; G. S. 266: R. S. 324; 1882, XVII, 1023; 1909. XXVI, 74. 

§ 446. Apportionment of Taxes on Lands Transferred after Return, 
but before Time of Payment. — AMien the title or an interest in real or per- 
sonal property, or any part thereof, shall have become transferred to or vested 
in any person not the owner at the time said property was assessed for taxation, 
before the expiration of the period for the payment of taxes thereon, it shall be 
the duty of the County Auditor, upon the application of the person acquiring such 
title or interest subsequent to assessment, and before the period for paying taxes 
has expired, to apportion the share of taxes due by the original owner upon that 
portion of or interest in the property acquired subsequent to assessment by th.e 
party so applying, and thereupon it shall be the duty of the County 
Treasurer to receive from the party so applying the proportionate share 
of taxes upon such part of interest so acquired since assessment as estimated by 
the Auditor, and give receipt for same, which receipt shall discharge such por- 
tion or interest from the taxes so assessed. 

Civ. '02, § 399: G. S. 267: R. S. 325; 1882. XVII. 1024. 

§ 447. General Cash Account of County Treasurer — Entries— Ac- 
count with School Districts. — It shall be the duty of each County Treasurer 
of the several Counties of the State to keep a book of entry containing a "Gen- 
eral Cash Account"' of the school fund of his County for each fiscal year, show- 
ing on the left hand page the unexpended school fund for the previous year, the 

2. See Criminal Code, chap. 22. 



§§448-450] OF SOUTH CAROLINA. 159 

total poll tax, the total two mill tax, the total special tax and the total amount of 
other school funds for the current year, and showing on the right hand page the 
date of payment by him, the date of approval by the School Commissioner, the 
school district's number, the School Trustee's number, the School Commissioner's 
number, and his number (his number beginning with the figure 1 and running 
on up successively through the fiscal year), the name of the payee, the name of 
the person presenting, and the amount of each warrant paid by him during the 
fiscal year. The said Treasurer shall also keep an account in said book with each 
school district in his County showing the amount due to the district for the pre- 
vious year, the poll tax, the two mill tax, the special tax and any other funds due 
the district for school purposes, and the date of payment by him, the date of 
approval by the School Commissioner, the school district's number, the School 
Trustees' number, the School Commissioner's number, and his number (it being 
the same number as in the "General Cash Account"), the name of the payee, 
the name of the person presenting, and the amount of each warrant paid by him 
during the fiscal year, drawn on the fund of that district.^ 
Civ. '03, § 400; 1892, XXI, 80. 

§■ 448. When and How Money Forwarded to State Treasurer — Re- 
ceipts — Duty Respecting' Penalty. — Every County Treasurer shall on the 
first and fifteenth day of each month forward to the State Treasurer all the 
moneys collected by him for or on account of the State taxes, specifying for and 
on account of what fund the same were collected, for which an original and dupli- 
cate receipt shall be issued to him by the State Treasurer, of which the original 
shall be retained by the County Treasurer and the duplicate shall be forwarded 
by him to the Comptroller-General ; and should said County Treasurer fail within 
ten days after he has received such receipt to send the same to the Comptroller- 
General he shall forfeit and pay a sum not exceeding two hundred dollars, nor 
less than fifty dollars, to be recovered in any Court having jurisdiction thereof, 
and the Comptroller-General, upon information made to him, shall take the neces- 
sary measures to cause the same to be recovered. 

Civ. '02, § 401; G. S. 273; R. S. 327; 1882, XVII, 1026, § 257; 1889, XX, 366. 

§ 449. Notifies County Commissioners of Funds Collected— R,eports 
Monthly to County Superintendent of Education.— The County Treasurer 
shall, on the first and fifteenth days of each month, report to the County Board 
of Commissioners of his County the amount of funds collected for and on ac- 
count of the County and the character of such fund. He shall, on the fifteenth 
day of each month, jeport to the County Superintendent of Education the 
amount of collections and disbursements made by him for the month on ac- 
count of poll tax and all other school funds. 

Civ. '02, § 402; G. S. 273; R. S. 328; 1882, XVII, 1027, § 257. 

§ 450. Monthly Report to Comptroller- General. — He shall, on the six- 
teenth dav of each month, report to the Comptroller-General, in such manner as 
he shall direct, a full and complete statement of the previous month or months, 
exhibiting the total collection made during the fiscal year, the amount disbursed, 
■and cash on hand for or on account of any levy or tax collected by him, which 
report shall be denominated "The County Treasurer's ^Monthly Report." The 
Treasurer shall transmit with his said report the certificate of cashier of bank 
where funds are deposited, that the amounts shown in his hands by his cash bal- 
ance are on deposit to his credit as Treasurer, and if funds are not on deposit in 
a bank, then his own affidavit that the funds are, at the time of making said re- 
port, in his own hands in cash ; also, an affidavit of County Auditor to the same 
effect. 

Civ. '02, § 403; G. S. 273; R. S. 330; 1882, XVII, 1027, § 257; 1907, XXV, 486. 

3. As to the disposition of unpaid school taxes collected by the Sinking Fund Commission, see 
ante, § 118. 



160 CIVIL CODE [ §§ 451-454 

§ 451. County Treasurer Required to Deposit Certain Funds at In- 
terest. — Whenever there is in the hands of any County Treasurer of this State 
any sum of money not necessary for current expenses, or which will apparently 
not be demanded for six months or more, said Treasurer shall deposit the fund 
or sum of money in some chartered bank, at such rate of interest as may be se- 
cured for the best interest of the County. The interest, when collected, shall be 
added to the fund or funds and paid out as other funds of the same sort are paid. 

The Treasurer may require of the bank in which such fund or funds are de- 
posited at interest a depositor's guaranty bond for the protection of the fund or 
funds, the same to be paid for out of the fund for which such guaranty is pro- 
vided. 

1909, XXVI. 166. 

§ 452. Annual Report to Superintendent of Education. — He shall 
make out and forward annually to the Superintendent of Education, on the first 
day of November, a certified statement showing by school districts the amount of 
poll and all other school taxes collected by him for the fiscal year ending on the 
thirty-first day of October next preceding. 

Civ. '02, § 404; G. S- 1023; R. S. 331; 1878, XVI, 584, § 52. 

§ 453. Annual Report to Court of General Sessions — Exceptions. — 

He shall make an annual report to the presiding Judge, at the second term of the 
Court of General Sessions in his County, which shall be held after the first day 
of January in each year, of the number, character and amount of claims paid by 
him on orders of County Commissioners and of County School Commissioners 
and to whom paid, which report shall be submitted by said Judge to the grand 
jury for their examination, and shall be filed by the Clerk of said Court and kept 
in his office for public inspection. He shall cause said report to be published at 
least two weeks before the sitting of said Court, in some newspaper published in 
the County. The County Treasurers of Fairfield, Florence, Chesterfield, Claren- 
don, Marion, Williamsburg, Edgefield, Sumter, Colleton, Chester, Orangeburg, 
Greenville, Darlington, York, Pickens, Beaufort and Aiken Counties shall not be 
required or allowed, at public expense, to publish annually the itemized state- 
ments .of their disbursements."* 

Civ. '03, § 405; R. S. 332; 1882, XVII, 892, §§ 4, 6; 1889, XX, 319; 1900, XXIII, 355; 
1906, XXV, 45; 1910, XXVI, 632. 

§ 454. Delinquent Taxes — Penalty — Execution. — That when the taxes 
and assessments or any portion thereof charged against any property or party on 
the duplicate for the current fiscal year, shall not be paid on or before the 31st 
day of December, the County Auditor shall proceed to add a penalty of one per- 
cent., on the County duplicate, and the County Treasurer shall collect the same; 
and if the said taxes and assessments and penalties are not paid on or before the 
first day of February next thereafter, an additional penalty of one per centum 
thereon shall be added by the County Auditor on the County duplicate and col- 
lected by the County Treasurer; and if said taxes, penalties and assessments are 
not paid on or before the first day of ]\Iarch next thereafter, an additional penalty 
of five per centum thereon shall be added by the County Auditor on the County 
duplicate and collected by the County Treasurer ; and if the said taxes, penalties 
and assessments are not paid on or before the fifteenth day of March next there- 
after, the said County Treasurer shall issue his tax execution for the said taxes, 
assessments and penalties against the property of the defaulting taxpayer, ac- 
cording to law.^ 

Civ. '02, § 406; G. S. 276; R. S. 333; 1882, XVII. 1027; 1887, XIX, 862; 1902, XXIII, 
972; 1909, XXVI, 76. 

4. .\ct, 1906, XXV, 45, was held unconstitu- 5. Koth_r. Pallachucola Club, 79 S. C. 514, 517, 

tional in State 6x rel. Fooshe v. Burley, Super- 61 S. E. 77. 

visor, 80 S. C. 127, 61 S. E. 225. Fairfield Penalty not unconstitutional. Ex parte Lynch, 

County is included in above section under Act 16 S. C. 36. 

1910, XXVI, 632. Execution need not specify amount of taxes due 

each fund. Dickson v. Burckmyer, 67 S. C. 539, 
46 S. E. 343. 



§§455-458] OF SOUTH CAROLINA. - 161 

§ 455. Mortgagee May Pay Tax and Include Same in Mortgage 
Debt. — Any person holding a lien by way of, or an interest in the nature of 
a mortgage upon any property, the subject of taxation, upon which the mortgagor 
shall have failed to pay the tax, or upon which there may exist a lien for taxes 
on any other property of the mortgagor, may, at any time before the sale thereof 
for delinquent taxes, as hereinafter provided, pay the tax on all the property of 
the mortgagor, with any costs, penalties or assessments which may have accrued 
thereon ; and thereupon he shall be entitled, as against the mortgagor, his repre- 
sentatives, privies or assigns, to include the amount so paid, and aU interest there- 
after accruing thereon, in the debt secured by his mortgage.^ 

Civ. '02, § 407; G. S. 277; R. S. 334; 1882, XVII, 1028; 1900, XXIII, 352. 

§ 456. Comptroller- General May Remit Penalties in Certain Cases, 

— In all cases where the penalty for non-payment of taxes has attached to prop- 
erty held by assignees in bankruptcy and which could not be sold before the expi- 
ration of the time fixed by law for the payment of taxes, and in all cases where 
sales of property for the settlements of estates, for partition, for the foreclosure 
of mortgages, for the marshaling of assets, or for other purposes, ordered by any 
court in this State, have not been made in season for the payment of taxes due 
thereon, the Comptroller-General, upon proper evidence thereof, may remit the 
penalties and costs which by law attach for non-payment of taxes, and may also 
grant a stay of the collection of taxes upon such property until such time as the 
same shall be sold. And in all cases where such property held by assignees in 
bankruptcy, or property ordered by any court in this State to be sold for any of 
the purposes above mentioned, cannot be sold in time for the payment of the 
taxes due or to become due thereon, the Comptroller-General, upon proper 
evidence thereof, may authorize the collection of the taxes without costs and pen- 
alties and may stay the collection thereof until such time as the said sales shall be 
made : Provided, The stay of collection of taxes under this Section shall be only 
upon the written order of the Comptroller-General, made in each case in dupli- 
cate, the original order to be issued to the County Treasurer and permanently 
filed in his office and the duplicate order to be filed in the Comptroller-General's 
office, and shall state the title of the case and the order of sale by the court and 
the particular property upon which the collection of taxes is stayed. 
Civ. '02, § 408; G. S- 279; R. S. 335; 1898, XXII, 724. 

§ 457. Property Liable for Distress and Sale for Delinquent Taxes. 

— All personal property subject to taxation shall be liable to distress and sale for 
the payment of taxes, in the manner hereinafter provided, and all real property 
returned delinquent by the County Treasurer upon which the taxes shall not be 
paid by distress or otherwise shall be seized and sold as hereinafter provided. 
The distress and sale of personal property shall not be a condition precedent to 
seizure and sale of any real property hereunder.''' 

Civ. '02, § 409; G. S. 280; R. S. 336; 1887, XIX, 862; 1888, XX, 45; 1889, XX, 334;- 
1890, XX, 675; 1902, XXIII. 1132; 1909, XXVI, 76. 

§ 458. Chattel Tax May Be Recovered by Distress or Suit. — If any 

chattel tax shall be unpaid at the time fixed for the payment thereof by this 
Chapter, or returned delinquent, as authorized by this Chapter, the County Treas- 
urer m,av not only distrain property for the payment thereof, but may recover the 
same, with the penalties thereon, by action at law, proceedings in attachment, or 
other means authorized by law to be used by private individuals in the collection 
of debts, which action or other proceedings shall be prosecuted in the name of 

6. Forfeiture for taxes, with right of rederap- fere where the security is sufficient. Nathans v. 

tion existing, does not divest lien of mortgage. Steinmeyer, 57 S. C. 386, 35 S. E. _ 733. 
Annely v. DeSaussure, 12 S. C. 512. Purchase 7. Distress of personal property is prerequisite 

at tax sale bv mortgagee or assignee does. Dev- to sale of real estate for taxes due in 1876. John- 

ereaux v. Taft, 20 S. C. 555. This section gives son v. Jones. 72 S._ C. 287, 51 S. E. 805. 
the mortgagee a legal remedy where the mortgagor No exemption against execution for taxes. Oliver 

fails to pay the taxes; hence equity will not inter- v. White, 18 S. C. 241. 

S C C— 11 



162 CIVIL CODE [ §§ 459-460 

such Treasurer: and if he shall die or go out of office before the termination of 
such action or proceeding, or the final collection of the money, or any judgment 
or order therein, his successor or successors may, from time to time, be substi- 
tuted as plaintift therein. 

Civ. '02, § 410; G. S. 281; R. S. 337; 1882, XVII. 1029. 

§ 459. Steps to Be Taken When Owner of Chattel Resides in An- 
other County. — If. after the return of any chattel tax by any County Treasurer 
as delinquent, the County Treasurer shall know or be informed that the party 
against whom the same is charged resides in some other County in this State, or 
has property or debts due him therein, it shall be his duty to make out and for- 
ward to the Treasurer of such other County a certified statement of the name of 
the party against whom such taxes are charged, of the value of the property on 
which such taxes were levied, the amount of the taxes and penalties assessed 
thereon and that the same are delinquent, to the aggregate of which taxes and 
penalties he shall add twenty-five per cent, as collection fees, upon the receipt of 
which certificate it shall be the duty of the Treasurer of such other County to 
collect such delinquent taxes and penalties, with the twenty-five per cent, collec- 
tion fees as aforesaid, for which purpose he shall have all the rights, powers and 
remedies conferred upon the Treasurer of the County in which such taxes were 
assessed, and be allowed the same fees for distraint and sale of property as if 
said taxes had been levied in his own County, and, upon collection made, may re- 
tain one-half of said twenty-five per cent, collection fees, and shall transmit the 
balance collected by him to the Treasurer of the County from whom he received 
such certified statement by mail. But if the Treasurer to whom any such state- 
ment is sent cannot collect the amount therein named, or any part thereof, he 
shall return the same, so endorsed, with reasons for such non-collection. 

Civ. "02, § 411; G. S. 282; R. S. 338; 1882, XVII, 1030. 



ARTICLE 3. 
Remedies and Proceedixgs for Relief of Taxpayers. 

Sec. Sec. 

460. Collection of taxes not stayed by 466. Recovery against County Treas- 

process of court. urer not to exceed value of 

461. How to proceed in case of claim property. 

that tax is illegal. 467. Attorney-General shall defend 

462. Xo other remedy but the one thus County Treasurer or other oiffi- 

provided. cer sued for money collected on 

463. Xo costs or disbursements al- tax. 

lowed. 468. Levy and collection of tax to pay 

464. Property erroneously returned de- township bonds aiding railroad 

linquent. prohibited. 

465. County fund bears expense of ac- 

tion against Treasurer or Au- 
ditor for official acts. 

■ § 460. Collection of Taxes Not Stayed by Process of Court.— The col- 
lection of taxes shall not be stayed or prevented by any injunction, writ or order 
issued by any Court or Judge thereon : Froznded, That this Section shall only 
apply to State, County, city, town and school taxes ; and taxes voted by town- 
ships in aid of railroads where the roads have been completed through said town- 
ships.^ 

Civ. '02, § 412; G. S. 171: R. S. 339; 1882, XVII, 988. § 156; 1902, XXIII. 972. 

S. See ante, § 404. Co. v. Jones, Comptroller-General, 78 S. C 445, 

Injunction cannot issue to restrain collection of 59 S. E. 148, 13 L. R. A., N. S.. 1147, 125 Am. 

license tax, which should be paid and resort be had St. Rep. 818. Injunction cannot issue to restrain 

to statutory action to recover. Western Union collection of income tax. Fleming v. Porter, 77 

Tel. Co. V. Winnsboro, 71 S. C. 231, 50 S. E. S. C. 528, 58 S. E. 430. 

870. Injunction issued to restrain collection of Legislature has no power to prevent Court of 

tax for fireman's pension fund. JEtna Fire Ins. Equity from enjoining collection of an illegal tax 



§§461-462] OF SOUTH CAROLINA. 163 

§ 461. How to Proceed in Case of Claim That Tax Is Illegal. — In all 

cases in which any County, State, or other taxes are now or shall be hereafter 
charged upon the books of any County Treasurer of the State against any person, 
and such Treasurer shall clairii the payment of the taxes so charged, or shall take 
any step or proceeding to collect the same, the person against whom such taxes 
are charged, or against whom such step or proceeding shall be taken, shall, if he 
conceives the same to be unjust or illegal for any cause, pay the said taxes not- 
withstanding, under protest, in such funds and moneys as the said County Treas- 
urer shall be authorized to receive by the Act of the General Assembly levying the 
same; and upon such payment being made, the said Coiuity Treasurei shall pay 
the taxes so collected into the State Treasury, giving notice at the time to the 
Comptroller-General that the payment was made under protest ; and the person 
so paying said taxes may at any time within thirty days after making such pay- 
ment, but not afterwards, bring an action against the said County Treasurer for 
the recovery thereof in the Court of Common Pleas for the County in which such 
taxes are payable ; and if it be determined in said action that such taxes were 
wrongfully or illegally collected, for any reason going to the merits, then the Court 
before whom the case is tried shall certify of record that the same were wrong- 
fully collected and ought to be refunded, and thereupon the Comptroher-General 
shall issue his warrant for the refunding of the taxes so paid, which shall be 
paid in preference to other claims against the Treasury : Provided, That the 
County Treasurers shall be required to receive jury and witness tickets for at- 
tendance upon the Circuit Courts of the State receivable for taxes due the County 
in which the said services are rendered. '^ 

Civ. '02, § 413; G. S. 268; R. S. 340; XVII, 988, § 156. 

§ 462. No Other Remedy but the One Thus Provided. — There shall be 
no other remedy in any case of the illegal or wrongful collection of taxes or at- 
tempt to collect taxes, or attempt to collect taxes in funds or moneys which the 
County Treasurer shall be authorized to receive under the Act of the General As- 
sembly levying the same, being other than such as the person charged with said 
taxes m.ay tender or claim the right to pay, than that herein provided. And no 
writ of mandamus shall be granted or issued from any Court, or by the Judge of 
any Court, directing or compelling the reception for taxes of any funds, currency, 
or bank bills, not authorized to be received for such taxes by the Act of the Gen- 
eral Assembly levying the same ; and no writ, order, or process of any kind what- 
soever, staying or preventing any ofificer of the State charged with a duty in 
the collection of taxes from taking any step or proceeding in the collection of any 
tax, whether such tax is legally due or not, shall in any case be granted by any 
Court, or the Judge of any Court ; but in all cases whatsoever the person against 
whom any taxes shall stand charged upon the books of the County Treasurer 
shall be required to pay the same in such funds and moneys as the said County 
Treasurer shall be authorized to receive by the Act of the General Assembly 
levying the said taxes in manner and form as above provided, and thereupon shall 
have his remedy under the provisions of the next preceding Section. ^^ 

Civ. '02, § 414; G. S- 269; R. S. 341; 1882, XVII, 1025. 

in those cases where it does not provide an ade- comes within these provisions. Western Union 

quate legal remedy for the aggrieved taxpayer. Tel. Co. v. Town of Winnsboro, 71 S. C. 231, 235, 

Ware Shoals Mfg. Co. v. Jones, 78 S. C. 211, 214, 50 S. E. 870. 

limiting in so far Western Union Tel. Co. v. Does not applv to license tax provided bv act 
Winnsboro, 71 S. C. 231, 234. 50 S. E. 870. of 1904 to be pa"id by corporations to Comptroller- 
Section 461, providing remedy for taxpayer pay- General. Ware Shoals Mfg. Co. v. Jones, 78 S. 
ing illegal tax to County Treasurer not applying C. 211, 214, 58 S. E. 811, limiting in so far 
to license tax provided by Act of 1904 to be paid Western Union Tel. Co. v. Town of Winnsboro, 
by corporations to Comptroller-General, injunction 71 S. C. 231, 234, 50 S. E. 870. 
will lie to prevent collection of said tax. '^Vare The right of action is given only to the person 
Shoals Mfg. Co. v. Jones, 78 S. C. 211, 222, 58 in whose name the taxes are listed, and not to 
S. E. 811. one who afterwards purchases the propertv on 
9. Dickson v. Burckmyer, 67 S. C. 526, 537, 46 which the lien exists. DeSoto Gold Mining" Co. 
S. E. 343; Poison v. Township of Ninety-Six, 59 v. Smith, 49 S. C. 188. 27 S. E. 1. 
Fed. 67, 68; New York Life Ins. Co. v. Bradley, 10. De Saussure v. Gaillard, 127 U. S. 216, 233, 
83^^S. C. 418, 420, 65 S. E. 433. 32 L. Ed. 125. 

"License tax" imposed by town is tax such as The Courts cannot interfere with the collection 



164 CIVIL CODE [ §§ 463-466 

'§463. No Costs or Disbursements Allowed. — In any action brought 
under the provisions of the said Section, no costs or disbursements shall be taxed 
or allowed in favor of either party, except for the service of process and pro- 
curing the attendance of witnesses. 

Civ. '02, § 415; G. S. 270; R. S. 342; 1882, XVII, 1025. 

§ 464. Property Erroneously Returned Delinquent.^ — If any taxes 
charged on any real estate be regularly paid, and such real estate be erroneously 
returned delinquent, and leased or sold for such taxes, the lease or sale shall be 
totally void ; or if any taxes shall be illegally assessed and collected, when the 
same shall become known to the County Auditor, he shall, on demand of the 
party interested, submit the matter to the Comptroller-General ; and if the Comp- 
troller-General approve thereof, in writing, the amount paid by the purchaser 
at such void lease or sale, or the amount so illegally collected, shall be repaid to 
the party paying the same, out of the County treasury, on the order of the County 
Auditor; and so much of said taxes as shall have been paid into the State treas- 
ury shall be refunded to the County treasury, and the County Auditor shall re- 
tain the same in his next annual settlement, and charge the State therewith.^ ^ 
Civ. '02, § 416; G. S. 278; R. S. 343; 1882, XVII, 1028. 

§ 465. County Fund Bears Expense of Action against Treasurer or 
Auditor for Official Acts. — If any action be prosecuted against the County 
Auditor or County Treasurer for performing, or attempting to perform, any 
duty enjoined upon them by the provisions of this Chapter, the result of which 
action will effect the interests of the County, if decided in favor of the plaintiff 
in such action, such Auditor or Treasurer shall be allowed and paid out of the 
County treasury reasonable counsel fees and other expenses for defending such 
action, and the amount of any damages and costs adjudged against him, which 
fees, expenses, damages and costs, shall be apportioned ratably by the County 
Auditor among all the parties, except the State, interested in the revenue in- 
volved in said action; and if the State be interested in the revenue in said action, 
the County Auditor shall, immediately upon the commencement of said action, 
inform the Comptroller-General of its commencement and of the alleged cause 
thereof, and the Comptroller-General shall submit the same to the Attorney- 
General, who shall defend said action for and on behalf of the State ; and if only 
some local levy made by town of other municipal authority be involved in such 
suit, such town or other municipal authority shall employ and pay counsel and all 
damages and costs recovered in such action ; and the County Auditor and Treas- 
urer, or both, if both be sued, may, by petition, answer, or motion in Court, cause 
the town or other local or municipal authorities interested in the revenue in- 
volved in the action, to be made parties thereto (if not already parties), and the 
Court in which such action may be pending shall cause the town or other local 
municipal authorities to be made parties to such action, and render judgment for 
any damages and costs which may be found in favor of the plaintiff against said 
town or other municipal or local authorities, and not against said Auditor or 
Treasurer, 12 

Civ. '02, § 417; G. S. 316; R. S. 344; 1882, XVII, 1041. 

§ 466. Recovery against County Treasurer Not to Exceed Value of 
Property. — In any action or proceeding against any County Treasurer in this 
State, for the purpose of recovering any property or money alleged to have been 
erroneously or illegally assessed and collected as taxes, assessments, or penalties, 

of taxes. State v. Treasurer, 4 S. C. 520; State on railroad bonds. Carolina, C. G. &• C. R. R. Co. 

V. Gaillard, 11 S. C. 309; Camblee v. Tribble, 23 <•. Tribble, 25 S. C. 260. 

S. C. 76. Otherwise as to assessment. State v. 12. In suit for taxes illegally collected, where 

Cromer, 35 S. C. 213, 14 S. E. 493; National State is interested it is real defendant. Gunter v. 

Bank V. Boyd, 35 S. C. 233, 14 S. E. 496; State Atlantic Coast Line, R. Co., 200 U. S. 273, 287, 

■xj. Covington, 35 S. C. 245, 14 S. E. 499. _ 50 L. Ed. 477. 

, H. Does not authorize repayment of tax paid 



§§467-468] OF SOUTH CAROLINA. ■ 165 

unless the party bringing such action or proceeding shall make it appear that a 
notice in writing of the claim on which such suit may be brought was given to 
said Treasurer in pursuance of Section 461 of this Chapter, and unless it shall be 
made to appear that said Treasurer has proceeded contrary to the provisions of 
this Chapter, the amount recovered in such suit shall not exceed the value of the 
property or money aforesaid. ^ 

Giv. '02, § 418; G. S. 317; R. S. 345; 1882, XVII, 1041. 

§ 467. Attorney- General Shall Defend County Treasurer or Other 
Officer Sued for Money Collected on Tax. — It shall be the duty of the At- 
torney-General of the State to defend any suit or proceeding against any County 
Treasurer, or other officer, who shall be sued for moneys collected or property 
levied on or sold on account of any tax, when the Comptroller-General shall have 
ordered such collector to proceed in the collection of any such tax, after notice 
as aforesaid, or suit brought; and any judgment against such Treasurer, or other 
officer, finally recovered, shall be paid in the manner provided in Section 465, of 
this Chapter.13 

Giv. '02, § 419; G. S. 318; R. S. 346; 1882, XVII, 1042. 

§ 468. Levy and Collection of Tax to Pay Township Bonds Aiding 
Railroad Prohibited. — No Board of Township Commissioners nor County 
Board of Commissioners, nor any other officer or officers, shall assess or levy, and 
no County Treasurer nor other officer or officers shall collect, any tax for the pay- 
ment of Township bonds, or the coupons thereof, or judgments entered up 
thereon, issued in the aid of a railroad : Provided, This Section shall not apply 
to those bonds issued in the aid of railroads that have been completed and finished 
through such townships as have issued such bonds, nor until such road shall have 
been accepted by the Railroad Commissioners : Provided, further. That the pro- 
visions of this Section shall not apply to Newberry County, or any part thereof, 
nor to bonds issued in aid of the Pickens Railroad Company by certain townships 
in Pickens County. ^^ 

Giv. '02, § 420; 1899, XXIII, 78. 

13. State is real defendant. Gunter v. Atlantic Royal Railroad, and would seem to be in conflict 
Coast Ivine, R. Co., 200 U. S. 273-, 287, 50 ly. Ed. with § 34, art. 3, S. C. constitution, which forbids 
477. special legislation. Hicks v. Cleveland, 106 Fed. 

14. See, also, ante, § 292. 459, 464. 

This section seems to repeal 18 Stat. 366, 19 This section is void under U. S. Const., as im- 

Stat. 38, 19 Stat. 240, 20 Stat. 12. pairing obligation of contracts as against innocent 

For discussion of latter statutes, see following bondholders who have acquired rights under 19 

cases: Rice v. Shealy, 71 S. C. 161, 169, 50 S. Stat. 237, 240, and Federal Court will issue man- 

E. 868; Massachusetts & S. Const. Co. v. Town- damns to enforce judgment rendered on such 

ship of Cherokee, 42 Fed. 750, 752; Massachusetts bonds. Hick v. Cleveland, 106 Fed. Rep. 459, 

& S. Const. Co. V. Cane Creek Tp., 45 Fed. 336, 464; Padgett v. Post, 106 Fed. Rep. 600, 602, 7 

337; Hicks v. Cleveland, 106 Fed. 459, 461; Pad- Mun. Corp. Cas. 873. See, also, Graham v. Fol- 

gett V. Post, 106 Fed. 600, 7 Mun. Corp. Cas. som, 200 U. S. 248, 252, 50 I.. Ed. 464. 

873; Gorham v. Broad River Tp., 109 Fed. 772; The fact that corporate existence of township 

Folsom V. Township of Ninety-Six, 59 Fed. 67; which had issued bonds in aid of railroad under 

Atlantic Trust Co. of New York v. Town of Dar- ■19_ Stat. 239, 20 Stat. 12, was destroyed and town- 

lington, 63 Fed. 76; Town of Darlington v. At- ship itself was included in another county is not 

lantic Trust Co., 68 Fed. 849; Granniss v. Chero- ineffectual to impair obligation of contract and 

kee Township of York County, 47 Fed. 427. court will direct levy and collection of tax to pay_ 

Acts 22 St. at Large, p. 534 (see § 292); 23 judgment recovered on such bonds against town- 

St. at Large, p. 78, were passed to obstruct pay- ship. Graham v. Folsom, 200 U. S. 248, 252, 50 

ment of bonds issued in aid of Greenville & Port L. Ed. 464. 



166 



CIJIL CODE 



[ §§ 469-470 



ARTICLE 4. 
Enforced Collection of Delinquent Taxes. 



Sec. 

469. 

470. 

471. 



472. 



47: 



474. 



Treasurer issues execution to 
Sheriff — Form of. 

Fees and charges. 

Seizure, advertisement and sale un- 
der execution for delinquent 
taxes — Redemption — Execu- 
tion of title. 

Purchase by Auditor for Sinking 
Fund Commission — How titles 
to be made, etc. 

Sale of, use and occupancy of land 
by municipality for taxes. 

Sheriff's deed prima facie evidence 
of good title — Limitation of ac- 
tion. 



Sec. 



475. Suspension of sale — When and 

on what grounds — Evidence — 
"Waiver. 

476. Duties of Sheriffs as to tax exe- 

cutions — Subject to control of 
Comptroller-General. 

477. Duplicate tax executions — How is- 

sued. 

478. Tax lien expires in ten j-ears — 

Provisos — Assessment of prop- 
erty not on books. 

479. Contracts in evasion of tax laws 

against public policy — Unen- 
forceable — Substituted con- 
tracts. 



§ 469. Treasurer Issues Execution to Sheriff — Form of. — Immediately 
upon the expiration of the time allowed by law for the payment of taxes in any 
year, the County Treasurer of each County shall issue, in the name of the State, 
a warrant or execution in duplicate against such defaulting taxpayer in his 
County, signed by him in his official capacity, directed to the Sheriff of his County 
or his lawTul deputy, requiring and commanding him to levy the same by distress 
and sale of so much of the defaulting taxpayer's estate, real or personal, or both, 
as may be sufficient to satisfy the taxes, State, school. County and special, of such 
defaulter, specifying therein the aggregate amount of all his taxes, as well as the 
amount to each fund ; which warrant or execution shall run substantially in these 

words (filling the blank to suit each case) , viz : , 

Treasurer for the County of to the 

Sheriff of County, or his lawful deputy : 

Whereas has been duly assessed the sum of 

dollars for defraying the charges of the State, school. County and special, for the 
fiscal year beginning, November 1, 19. . . ., as follows, to wit: For the State, 

$ ; for public schools, S ; for County, S : for special. ; 

which .... has neglected to pay: These are, therefore, in the name of the 
State, strictly to charge and command you to levy by distress and sale of the per- 
sonal property, and if sufficient personal property cannot be found, then by dis- 
tress and sale of the land of the said the sum of dol- 
lars, together wath dollars, the charges hereof ; and for so doing this 

shall be your sufficient warrant. 

Given under rny hand and seal this dav of A. D., 19. . . 

' [L- S.] 

Treasurer of County. ^^ 

Civ. '02, § 421; R. S. 347; 1887, XIX, 862. 

§ 470. Fees and Charges. — The Treasurer for every such warrant issued 
shall have from such defaulter 81.00; and the Sheriff shall take from such de- 
faulter the following fees in the execution of his office, to wit : For serving each 
warrant, SI. 00. besides mileage at the rate of 5 cents for each mile actually trav- 



15. Koth i: Pallachucola Club, 79 S. C. 514, 
517, 61 S. E. 77. 

Failure of execution to specify amount of taxes 
to each fund does not invalidate sale. Dickson f. 
Burckmyer, 67 S. C. 526, 540, 46 S. E. 343. 

It matters not whether Sheriff attaches to tax 
sale deed under this section the original or dupli- 
cate execution, and such execution is valid, al- 
though the mandate does not contain the name of 
defaulting payer and amount of taxes. Dickson 
T. Burckmyer, 67 S. C. 526, 539, 46 S. E. 343. 

Execution should specify whether for capitation 
or property tax. State 7\ Graham, 2 Hill 457. 



Need rot specify subject of taxation. State z'. 
City Council, 4 Rich. 286. Execution for ta.xes, 
in part illegal, not specifying amount illegal, is 
altogether void. State v. Hodges, 14 Rich. 256. 
Personal property must under certain statutes be 
exhausted before land can be sold. Ebaugh z: 
Mullirax. 34 S. C. 364, 16 S. E. 613; Curtis f. 
Renncker, 34 S. C. 468, 13 S. E. 664. But un- 
der late tax Acts the failure to exhaust the per- 
sonalt}' does not necessarily defeat the title of the 
purchaser to the land. Interstate B. & L. Ass'n 
z: Waters, 50 S. C. 459, 27 S. E. 948. 



§ 471 ] OF SOUTH CAROLINA. 167 

eled in executing the warrant ; for advertising sale, 25 cents ; for making sale 
and executing deed of conveyance, and putting purchaser in possession, $3.00; 
and for all sums levied as aforesaid, five per cent. : Provided, That the printer's 
charges for advertising shall not exceed 50 cents for each tract of land and 25 
cents for personal property, levied on under each execution, and the Sheriff is 
prohibited from demanding or collecting any greater sum therefor than is hereby 
allowed ; and neither the Sheriff nor County Treasurer shall receive fees upon 
nulla bona returns. ^^ 

Civ. '02, § 422; R. S. 348; 1887, XIX, 862; 1888, XX, 51; 1889, XX, 346. 

§ 471. Seizure, Advertisement and Sale under Execution for Delin- 
quent Taxes — Redemption — Execution of Title. — Under and by virtue of 
said warrant or execution, the Sheriff shall seize and take exclusive possession of 
so much of the defaulting taxpayer's estate, real or personal, or both, as may be 
necessary to raise the sum of money named therein, and said charges thereon; 
and, after due advertisement, sell the same before the courthouse door in the 
County, on a regular salesday, and within the usual hours for public sales, for 
cash, give to the purchaser (upon his complying with the terms of sale) a receipt 
for the purchase money, but not make title to the purchaser until the expiration 
of six months from the day of sale, if the property sold be not redeemed as here- 
inafter provided, and annex said receipt to the duplicate warrant with the en- 
dorsement thereon of his action thereunder, and shall, after deducting from 
proceeds of sale the costs and expenses of said sale, pay over to the County Treas- 
urer the taxes, charges and penalties due and incurred by said defaulting tax- 
payer; and upon written notice given, or information ascertained from the rec- 
ords, of any mortgage or other lien on said premises so sold for taxes, shall hold 
the excess, if any, until authorized or directed by proper judicial authority as to 
mode of disposition, or by the written consent of the defaulting taxpayer that the 
said excess be paid over to the mortgage or lien creditor, and according to priority 
if more than one : Provided, That the owner or grantee or any mortgage creditor 
may within six months from the day of such sale redeem such property by pay- 
ing to the Sheriff the taxes, penalties, costs and expenses of said sale, together 
with eight per cent, interest on the whole amount of the purchase price of said 
land so sold, and thereupon the Sheriff shall pay back and refund to the said pur- 
chaser the amount paid on his bid, with interest as above stated, and the bid by 
said purchaser shall be then cancelled and revoked, the owner or grantee remaining 
in possession of his said land: Provided, further. That should any mortgagee 
redeem said land as above permitted, then the amount so paid by him for taxes, 
charges, costs and penalties shall be added to the mortgage debt or other lien, 
with same incidents as to priority and with same rate of interest and collectible 
in the same way as the original mortgage debt. Upon failure of defaulting tax- 
payer or other party interested to redeem said land so sold for taxes within six 
months as stated, then the Sheriff shall make title to the purchaser and put the 
purchaser in possession of the property sold and conveyed: Provided, further.. 
That in case of threatened waste or damage to the premises by the owner or any 
other party, during the six months allowed for redemption, the purchaser at said 
tax sale shall have the right to apply to the Court of Comm.on Pleas or a Judge 
thereof for injunction against such waste and for a receiver to take charge of 
the property until the end of the six months for redemption unless sooner re- 
deemed : Provided, further. That in any case where the Sheriff of any County 
shall have made a deed under the Act approved the 20th day of February, 1901, 
and said land has been or shall be redeemed under the provisions of said Act, 
it shall be the duty of the Sheriff' upon demand of the owner of said land to ex- 
ecute to said owner a deed of the land so redeemed, citing the proceedings under 
which said land was sold, and upon said deed being executed and delivered, the 

16. The Sheriff is not entitled to retain the 5 property from an illegal levy. Cleveland v. Mc- 
per cent, commissions paid under protest to release Cravy, '46 S. C. 252, 24 S. E. 175. 



168 CIVIL CODE [ §§ 472-473 

title to said land shall revert in the owner as though said tax sale had never been 
made.^'^ 

Civ. '02, § 433; R. S. 349; 1887, XIX, 863, § 2; 1901, XXIII, 613; 1902, XXIII, 973. 

§ 472. Purchase by Auditor for Sinking Fund Commission — How 
Titles to Be Made, etc. — In case there be no bid equal in amount to the taxes 
named in said warrant or execution, the County Auditor shall buy the land for 
the Sinking Fund Commission, as the actual purchaser thereof, for the amount 
of said taxes and penalties, costs and charges ; and the Sheriff shall thereupon 
execute titles to said Sinking Fund Commission, as to any other purchaser, and 
in the manner above provided, and shall put them or their authorized agent in 
possession of the premises. The land so sold and purchased and delivered to said 
Commission shall be treated by them as assets of the State in their charge, and 
be sold at such times and in such manner as by them shall be deemed most ad- 
vantageous to the State.^^ 

Civ. '02, § 424; R. S. 350; 188,7, XIX, 863, § 2. 

§ 473. Sale of Use and Occupancy of Land by Municipality for 
Taxes. — Whenever any taxes, State, County, school or township, hereafter 
may accrue upon any land or buildings, or portions thereof, or upon any other 
property of any municipal corporation by reason of said land, buildings or other 
property, or portions thereof, not having been used "exclusively for public pur- 
poses and not for revenue," and hereafter may become past due and unpaid, and 
it becomes necessary to collect the same by distress, then the Sheriff, whether act- 
ing under an execution from the County Treasurer or from the Secretary of 
State as agent of the Commissioners of the Sinking Fund, shall, at public sale, 
sell not the "fee," as in other cases, but only the "use" and "occupancy" of such 
portions of said land, building or property of such municipal corporation as the 
same accrued upon, to that bidder who will for the shortest term pay the taxes, 
penalties, costs and charges accrued thereon ; and at such sale to protect the in- 
terest of the State, if there be no cash bid equal to the taxes, penalties, costs and 
charges accrued thereon, then the said property, or portion thereof offered for 
sale, shall be knocked down to the Sinking Fund Commission for a term not ex- 
ceeding ninety-nine years ; and it shall be the duty of the Sheriff to make titles 
for the term of years required by the bid to the purchaser, and put said purchaser 

17. Section Constitutional. State v. Allen, 2 illegal. Barrineu v. Stevens, 75 S. C. 252, 55 S. 

McC. 55. Sale invalid, on day other than fixed E. 309. 

by law. Roddy v. Purdy, 10 S. C. 138; Dougherty Where land has been levied on and sold for 
V. Crawford, 14 S. C. 628. Irregular sale, where taxes as lands of heirs of A. without mentioning 
no deed is delivered, gives no title. Garlington names of each of heirs, tax title is prima facie 
z'. Copeland, 32 S. C. 57, 10 S. E. 616. Lands good to convey interest of heirs of A. in land 
listed as of unknown owner may be sold. Gilli- after his death. Here view strengthened by fact 
land V. Baptist Church, 33 S. C. 164, 11 S. E. 684. that after decease of A. some of his heirs re- 
No homestead against tax sales. Shell v. Duncan, turned property for benefit of all, paid taxes for 
13 S. C. 547, 10 S. E. 330. But inchoate right a while and then voluntarily stopped paying. Koth 
of dower remains. lb. Defaulting taxpayer can, v. Pallachucola Club, 79 S. C. 514, 517, 61 S. 
by ordinary action, recover surplus proceeds from E. 77. 

Sheriff. State v. Turner, 32 S. C. 348, 11 S. That Sheriff made excessive levy for taxes, un- 
E. 99. less so excessive as to indicate oppression from de- 
As to exhausting personalty before selling realty. sign or ignorance, should not disturb title of pur- 
See Ebaugh V. Mullinax, 34 S. C. 374, 13 S. E. chaser in good faith, but such issue is for jury, 
613; Interstate B. & E. Ass'n v. Waters, SO S. C. and fact that land sold for ten times as much as 
459, 27 S. E. 948; Johnson v. Jones, 72 S. C. 272, taxes, is not conclusive of question. Dickson v. 
51 S. E. 805. Burckmyer, 67 S. C. 526, 539, 46 S. E. 343. 

Mandamus will issue to compel execution of deed IS. State v. Thompson, 18 S. C. 538; Owens f. 

by the Sheriff on purchaser's complying with bid. Owens, 25 S. C. 155; Koth ■:■. Pallachucola Club, 

State ex rel. Harley v. Lancaster, 46 S. C. 282, 24 79 S. C. 514, 517, 61 S. E._77. 

S. E. 198. Or to compel delivery of possession. Mere fact that, under this section. Sheriff, in 
State ex rel. Gibbes v. Morrison, 44 S. C. 470, 22 order to collect a tax of $1,200, alleged to be due 
S. E. 605. Rule against Sheriff not the remedy. from a railroad receiver, has distrained property 
Gibbes v. Morrison, 39 S. C. 360, 17 S. E. 803. worth $10,000, much of which belongs to third 
Sale of entire tract held not an excessive levy. persons, is sufficient to require interference by in- 
Wilson V. Cantrell, 40 S. C. 114, 18 S. E. 517. junction of court which appointed receiver, re- 
Sheriff must "seize and take exclusive posses- gardless of any question as to validity of tax. 
sion" of the property. Sale must be for cash. Ex parte Chamberlain, 55 Fed. 704, 70S. 
Purchaser may assign bid, attaching execution to Levy and sale of land worth about $2,500 for 
deed. Excessive levy; discretion of Sheriff. Dici:- taxes and cost amounting to about $31, such tract 
son V. IJurckmyer, 67 S. C. 526, 46 S. E. 343. of land being easily divided, is illegal, purchaser 
Levy by officer not legally appointed and qualified, taking nothing. Commercial Bank f. Sandford, 99 

Fed. 154, 156. 



^§474-476] OF SOUTH CAROLINA. 169 

(whether the Sinking Fund Commission or any other person) into possession in 
like manner as when the fee is by him sold for taxes. 

Use for Puplic Purposes Not to Defeat the Sale. — The use and occupancy 
for public purposes at the time of levy or sale of any portion of property levied 
upon or sold for taxes accrued by reason of same not having been formerly used 
"exclusively for public purposes and not for revenue" shall not defeat the rem- 
edy for collection provided in this Section. ^^ 

Civ. '02, § 425; 1887, XIX, 863, § 2. 

§ 474. Sheriff's Deed Prima Facie Evidence of Good Title — Limita- 
tion of Action. — In all cases of sale the Sheriff's deed of conveyance, whether 
executed to a private person, a corporation or the Sinking Fund Commission, 
shall be held and taken as prima facie evidence of a good title in the holder, and 
that all proceedings have been regular, and all requirements of the law have been 
duly complied with. No action for the recovery of land sold by the Sheriff un- 
der the provisions of this Article, or for the recovery of the possession thereof, 
shall be maintained unless brought within two years from the date of said sale.^*^ 

Civ. '02, § 426; R. S. 351; 1887, XIX, 863, § 2. 

§ 475. Suspension of Sale — When and on What Grounds — Evidence 
— Waiver. — In case the taxpayer alleged to be in default after levy of distress 
as aforesaid shall allege that the taxes have been paid, or are unjustly assessed 
against him, he can and may have the sale suspended, if before the sale he oft'ers 
satisfactory evidence to the Sheriff that said taxes have been paid or improperly 
assessed against him, and within twenty days thereafter take such steps as are 
provided by law for correction of unjust assessment, or to prove payment, and 
prosecute the same to a successful result within a reasonable time. And in case 
such taxpayer oft'ers no such proof, or fails to take the course herein provided, he 
shall be deemed in law to have waived all exceptions to the omissions, errors and 
irregularities (if any there be) in the assessment of said tax, and in all prelimi- 
naries to said sale as prescribed by law, and to have admitted that each and all 
preliminary steps to said assessment and sale, and said assessment and sale were 
in accordance with the requirements of law.-^ 

Civ. '02, § 427; R. S. 352;- 1887, XIX, 864; 1888, XX, 52, § 2. 

§ 476. Duties of Sheriffs as to Tax Executions — Subject to Control 
of Comptroller- General. — The Sheriff's in the several Counties in the State, 
in making levies and sales, in making returns, and in paying over money col- 
lected under tax warrants and executions placed in their hands by County Treas- 
urers, shall be subject to the direction and under the control of the Comptroller- 
General of the State, as they are now in like manner to plaintiff's in execution ; 
and the Comptroller-General is hereby invested with all the rights and privileges 
of a plaintiff in execution, to invoke and obtain the aid of the Court to compel 

19. As to prior law, see Citv of Columbia v. Heyward v. Christensen, 80 S. C. 146, 61 S. E. 
Tindal, 43 S. C. 547, 22 S. E. 341. 399. Limitation of action to set aside tax deed.- 

20. See, also, ante, § 115: Koth v. Pallachucola Guerard v. Jenkins, 80 S. C. 223, 61 S. E. 258. 
Club, 79 S. C. 514, 517, 61 S. E. 77. See Pollitzer _'•. Beinkempen, 76 S. C. 517. 57 

Courts must give tax title full statutory efFect. S. E. 475. Limitation commences to run when pur- 

Cooke V. Pennington, 7 S. C. 387. But claimant chaser is put in possession. Gardner z'. Reedy, 62 

must prove title. lb., IS S. C. 192. Tax deed S. C. 503, 40 S. E. 947. Limitation only applies 

prima facie evidence. lb.; Shell v. Duncan, 31 S. where execution is issued against real owner. Smith 

C. 547, 10 S. E. 330. Unless deed shows that z: Cox, 83 S. C. 1, 65 S. E. 222. 
sale was invalid. Cooke v. Pennington, 15 S. C. Complaint stating cause of action for recovery 

192. But it is not vitiated by failure to recite of land does not state facts, defeating recovery, 

performance of prerequisites. Shell '■. Duncan, su- by alleging that defendant claims under tax deed 

pra. Yet it may be defeated by showing lack of based on sale for taxes procured by him by al- 

such prerequisites. lb.; Poole z\ Evans, 57 S. C. leged facts, which if true would make deed null 

79, 35 S. E. 436. The burden of proof as to de- and void for fraud, or estop defendant from as- 

fects is on the party attacking the deed. Wilson serting deed. Jones v. Boykin, 70 S. C. 309, 49 

V. Cantreh, 40 S. C. 114, 18 S. E. 518. Must be S. E. 877. 

construed in connection with the following section. 31. Failure to comply with this section does not 

Bull V. Kirk, 37 S. C. 395, 16 S. E. 151. Com- bar right to recover land. Dickson v. Burckmver, 

plaint hereunder; limitation is affected by disabil- 67 S. C. 540, 46 S. E. 343; Bull t'. Kirk, 37 S. C. 

ity of infancy. Jones v. Boykin, 70 S. C. 309, 49 395, 16 S. 13. 151. Cannot be invoked to show 

S. E. 877. Recording tax title notice. Hudson v. waiver of taxpayer's rights against purchaser. 

Schumpert, 80 S. C. 25. 61 S. C. 104. A tax Gardner z: Reedy, 62 S. C. 503. 40 S. E. 947. 
deed made in 1872 is prima facie evidence of title. 



170 CIVIL CODE [ §§ 477-478 

refractory Sherifts to discharge their duties in the enforcement of tax execu- 
tions; and it is hereby made the duty of the said Sherifts, respectively, to make 
return of all tax executions to the Treasurer of their respective Counties within 
ninety days after the date of issue thereof, designating such as may be nulla bona 
and such as may have been collected by distress or otherwise, and within the 
same time to pay over to the said Treasurer all taxes and penalties collected by 
them ; and the several County Treasurers shall, at the last term of the Circuit 
Court in each 3'ear for their respective Counties, deliver to the foreman of the 
grand jury a complete list of all tax executions delivered to the Sheriff for col- 
lection, and which have not been collected, and the grand jury shall examine the 
said Hst, and present the Sheriff for any default or neglect in the performance 
of his duties relative to the enforcement of such executions. And in case any 
Sheriff' shall make default in paying over within the time aforesaid any moneys 
collected on said executions, it shall be the duty of the County Treasurer, and he 
is hereby required, immediately to bring suit against such defaulting Sheriff" in any 
Court of competent jurisdiction, in which suit such Sheriff shall be liable to 
treble the amount for which he has defaulted; and in case of any loss resulting 
by reason of the failure of the County Treasurer to perform the duties herein set 
forth, such Treasurer shall be liable therefor. 22 
Civ. '02, § 428; R. S. 353; 1899, XXIII. 79. 

§ 477. Duplicate Tax Executions — How Issued. — When it shall be 
made to appear to the satisfaction of the presiding Judge of the Court of Com- 
mon Pleas for any County in this State, by petition or upon due notice to the 
County Commissioners, that any tax execution heretofore issued, or which may 
hereafter be issued, by the County Treasurer of County, has been lost, and that 
the amount due thereon has not been collected, either in whole or in part, to issue 
an order, directed to the Treasurer of said County, ordering and directing him to 
issue an alias or duplicate execution in the place and stead of the one which has 
been lost ; and upon the receipt of said order, it shall be the duty of said County 
Treasurer to immediately issue an alias or duplicate tax execution as directed in 
said order. 

Said duplicate or alias executions shall, by said County Treasurer, be marked 
"duplicate" or "alias" execution, and when so issued and marked, shall have the 
same force and eff"ect as the original execution could or would have, if the same 
had not been lost. 

Civ. '02, § 429; 1899, XXIII, 118. 

§ 478. Tax Lien Expires in Ten Years — Provisos — Assessment of 
Property Not on Books. — All taxes heretofore or hereafter levied or becom- 
ing due under the laws of this State shall be conclusively presumed paid after 
ten years from the last date said taxes could have been paid without penalty : 
Provided, That this Section shall not apply to taxes for the collection of which the 
State shall institute judicial proceedings within the time limited above : Provided, 
further. That the State may bring suit m Court for back taxes any time within 
ten years from the date when they should be paid, whether they are on or off" 
the tax books, and may bring suit in Court for any taxes which should have been 
paid before ]\Iarch 31st, 1899, at any time within ten years from the 2Sth day of 
February, 1899, whether on or off the tax books; and on collection of such taxes 
they shall be distributed to the State, Cotmties and school districts to which they 
Avould have gone if they had been paid at the time fixed by the Act which levied 
the same : Provided, further. That except as to the conclusive presumption after 
ten years of payment of taxes by taxpayer as herein provided, this Section shall hi 
no way affect or impair the operation of Sections 104, 105 and 10f>: Provided, 
furtlicr. That where any taxpaper has omitted or neglected to make a return of 
his property for taxation or has made a false return thereof for such purpose for 
or in any year, where the collection of the tax is not barred by the limitation of 

22. As to disposition of nulla bona tax returns, see ante, § 107. 



§§479-480] OF SOnTH CAROLINA. 171 

time herein mentioned, and the County Auditor of the County where said return 
or returns should have been made, is informed of that fact, he shall forthwith 
notify said defaulting" taxpayer, or if he be dead, his personal or legal represent- 
ative, or representatives, to appear before him at his office at a time fixed in said 
notice and shall proceed to assess said property not returned as prescribed in 
Sections 399, 400, 401, 402 and 403. Should the party to be served with notice 
be a non-resident, then said notice shall be served by a publication of said no- 
tice in some newspaper, and mailing a copy thereof to said party, as prescribed 
for service of non-residents by the Code of Civil Procedure of this State, and 
said taxes shall be assessed and collected as provided in the Section above re- 
ferred to. 

Civ. '03, § 430; 1899, XXIII, 80; 1905, XXIV, 873; 1911, XXVII, 229. 

§ 479. Contracts in Evasion of Tax Laws against Public Policy — 
Unenforceable — Substituted Contracts. — All contracts that are entered into 
with intent to evade payment of taxes or in fraud of the tax laws of this State 
be, and are hereby, declared against public policy. No court in this State shall 
lend its aid in the enforcement of such contract whether the same has heretofore 
been entered into or may hereafter be entered into. The Courts of this State 
shall not lend their aid to enforce any contract entered into as a substitute for or 
having as its consideration a previous contract of the nature or class of contracts 
hereinbefore declared against public policy. 
1902, XXIII, 970. 



ARTICLE 5. 
Annual Settlements of County Treasurers. 

Sec. _ _ Sec. 

480. Settlement of Auditor with Treas- 485. Settlement sheets filed in dupli- 

urer — When and how made. cate — By whom, and where 

481. Treasurer's remedy when charged filed. 

with tax not in fact paid. 486. Comptroller furnishes copies of 

482. County Supervisors and Superin- reports to county officers. 

tendent of Education notified of 487. Irregularities, etc., reported to 

day of settlement — Proceedings. Court of Sessions — By whom. 

483. Auditor notifies foreman of Grand 488. Comptroller prescribes system of 

Jury and Comptroller to attend bookkeeping and examines 

to witness settlement. books. 

484. Day fixed for settlement. 

§ 480. Settlement of Auditor with Treasurer — When and How 
Made. — Each County Auditor shall attend at his office on or before the first 
day of May, annually, or at any other time the Comptroller-General may direct, 
to make settlement with the Treasurer of his County and ascertain the amount of 
taxes, penalties and assessments collected by such Treasurer and the amotmt with 
which he is to stand charged on account thereof and on account of each fund for 
which a levy was made on the duplicates. The Auditor shall take from the 
duplicate previously put into the hands of the Treasurer for collection, a list of 
all such taxes, assessments and penalties as such Treasurer has been unable to 
collect, describing the property as described on the duplicate, and shall note 
thereon in a marginal column the several reasons assigned by the Treasurer' why 
such taxes or other charges could not be collected, which list shall be denomi- 
nated the delinquent list, and shall be signed and sworn to by the Treasurer, be- 
fore said Auditor, who shall record the same in a book to be provided for the 
purpose and transmit an abstract thereof to the Comptroller-General ; and in 
making such list, the delinquencies in each district, city, village and town shall be 
stated separately. And after deducting the amount of taxes, assessments and pen- 
alties so returned delinquent, the Treasurer shall stand charged with the re- 
mainder of the taxes, assessments and penalties charged on the duplicate : Pro- 



172 CIVIL CODE [ §§ 481-485 

vided^ hozcevey, That only the following causes shall be assigned by the Treasurer 
on said delinquent list for not collecting any tax, penalty or assessment, to wit : 

1. Sheriff's return to execution issued, that no sufficient property of the party 
charged therewith could be found, out of which to make the same. 

2. That property was found, but, for want of bidders, was sold and conveyed 
to the Sinking Fund Commission by the Sheriff, pursuant to law. 

3. Execution issued and in the hands of the Sheriff". 

4. That such taxes, assessments and penalties were enjoined by a competent 
Court. 

Civ. '02, § 431; G. S. 249, 272; R. S. 362; 1882. XVII. 1016, 1026; 1887, XIX, 862. 

§ 481. Treasurer's Remedy When Charged with Tax Not in Fact 
Paid. — If, in making such settlement, the Treasurer shall stand charged with 
any tax, assessment or penalty, which in fact was not paid prior thereto, he may 
at any time while remaining in office collect the same by distress and sale of 
property, as in other cases of delinquent taxes, or by action in his own name, as 
for money paid for the use of the party or parties charged with or bound to pay 
said tax, penalty or assessment, and after going out of office he may maintain an 
action in his own name, as aforesaid, for the collection of such tax, penalty or 
assessment. 

Civ. '02, § 432; G. S. 272; R. S. 363; 1882, XVII, 1026, § 256. 

§ 482. County Supervisors and Superintendents of Education Noti- 
fied of Day of Settlement — Proceeding's. — When the County Treasurers 
of the several Counties shall have disbursed all the County and school funds of 
each fiscal year, and are ready to make their settlements with their respective 
County Auditors for the County and school taxes charged against them upon the 
Treasurer's tax duplicate, they shall so notify the County Auditors, whereupon 
the County Auditors shall notify the County Supervisors and County Superin- 
tendents of Education of their respective Counties of the day of such settle- 
ment; and the said County Supervisors and County Superintendents of Educa- 
tion are hereby required to produce, in the office of the Auditor of their respec- 
tive Counties, the claims allowed and ordered paid by them, and vouch thereby 
each amount presented by the County Treasurer for a credit in his settlement 
with the Auditor for the amount of County and school taxes which are charged 
against him on the Treasurer's duplicate for each year. The County Auditors and 
Treasurers shall annually have a full and final settlement as to tax executions is- 
sued by said treasurers within twelve months after the expiration of the time al- 
lowed by law for the payment of taxes in any year. 

Civ. '02, § 483; R. S. 364; 1889, XX, 349, § 2; 1893, XXI, 481, § 1; 1896, XXII, 255. 

§ 483. Auditor Notifies Foreman of Grand Jury and Comptroller to 
Attend to Witness Settlement. — It shall be the duty of the Auditor of each 
County to notify the foreman of the Grand Jury thereof and the Comptroller- 
General of the day upon which said settlement is to be made, and the Comp- 
troller-General, or some one duly authorized by him, and the foreman of the 
Grand Jury of each County are hereby required to be present and witness said 
settlements. 

Civ. '02, § 434; G. S. 365; 1889, XX. 349. § 4. 

§ 484. Day Fixed for Settlement. — The day fixed for the settlement 
provided for in two next preceding Sections shall be on or before the 1st day 
of May, or as soon thereafter as the Comptroller-General may appoint. 

Civ. '02, § 435; R. S. 366; 1889, XX, 350, § 9; 1893. XXI, 401, § 7. 

§ 48 5. Settlement Sheets Signed in Duplicate — By Whom, and 
Where Filed. — When said settlements shall have been completed, the settle- 
ment sheets shall be signed by the County Commissioners and County Treasurers, 
the County Superintendents of Education and County Treasurers, in dupHcate 
and certified by the County Auditor ; one copy of which shall be filed in the 



§§486-488] OF SOUTH CAROLINA. ' 173 

County Auditor's office and the other mailed to the Comptroller-General, to be 
by him reported to the General Assembly. 
Civ. '02, § 436; R. S. 367; 1893, XXI. 401. § 5. 

§ 486. Comptroller Furnishes Copies of Reports to County Officials. 

— It shall be the duty of the Comptroller-General to mail each year a copy of his 
report containing such settlements to the Clerk of the Court, Count)^ Commis- 
sioners, School Commissioners and County zVuditors of each County of the 
State, to be filed and kept by said officers in their several offices. 
Civ. '02, § 437; R. S. 368; 1893, XXI. 401, § 6. 

§ 487, Irregularities, etc., Reported to Court of Sessions — By 
Whom. — If in the making of said settlement there shall be discovered any ir- 
regularities or violations of law by any of said officers, the Comptroller-General 
and the foreman of the Grand Jury shall report the same to the Court of General 
Sessions of the County where such irregularities or violations of law shall have 
heen discovered. 

Civ. '02. § 438; R. S. 369; 1893, XXI, 401, § 8. 

§ 488. Comptroller Prescribes System of Bookkeeping and Exam- 
ines Books. — The Comptroller-General shall prescribe the system of book- 
keeping to be used in the offices of County Commissioners, School Commission- 
ers, County Treasurers and County Auditors of the State, so that the same shall 
be uniform ; and in making his visit to witness the settlements herein required he 
shall examine the books of the said several offices and report the results of his 
examination to the General Assembly. 

Civ. '02, § 439; R. S. 370; 1893, XXI, 401, § 7. 



TITLE IV. 



CHAPTER XVI. 

Of the Militia. 

Article 1. General Provisions, 173. 

Article 2. The Adjutant and Inspector General, 179. 

Article 3. The Quartermaster General, 181. 

Article 4. Organization of the National Guard of the State, 183. 

Article 5. Commissioned officers of the National Guard, 184. 

Article 6. Enlisted men of the National Guard, 187. 

Article 7. South Carolina National Guard in the City of Charleston, 189. 

Article 8. Arms, Parades, Drills, etc., 190. 

Article 9. jMilitary Courts, 193. 



ARTICLE 1. 
General Provisions. 

■Sec. Sec. 

489. A Militarj^ Code established. 496. Governor may declare martial law. 

490. Who subject to military duty. 497. Duties of militia. 

491. How the militia shall be divided. 498. United States rules and articles of 

492. Governor shall be Commander-in- war governing m.ilitia on duty. 

Chief. 499. Penalty for not appearing. 

493. Governor's Stafif. 500. Uniform. 

494. Governor's power in case of insur- 501. Rules to be prescribed by Adju- 

rection. tant General. 

•495. Reserve militia. 



174 CIVIL CODE [ §§ 489-492 

Sec. ^ ^ Sec. 

502. National Guard Council — Duty to 507. By-laws of company — Violation 

audit accounts of Adjutant Gen- thereof. 

eral.^ 508. Special charters. 

503. Military Board — Annual allotment 509. Rules of government. 

of appropriation. 510. Officers may administer oaths. 

504. Inspections. 511. Exemption from arrest. 

505. List of companies passing inspec- 512. "Company" defined. 

tion. 513. Bonds of officers. 

506. Power of Commander-in-Chief — 514. Naval militia. 

Enlistments. 

§ 489. Military Code Established. — The Act of Congress, approved 
January 21, 1903, entitled "An Act to promote the efficiency of the militia and 
for other purposes," is hereby accepted by the State of South Carolina and the 
provisions of said Act, in so far as they are applicable to this State, are made a 
part of this Military Code. 

1905, XXIV, 792; 1908, XXV, 1103; 1910, XXVI, 610. 

§ 490. Who Subject to Military Duty. — All able-bodied male citizens be- 
tween the ages of eighteen and forty-five years residing in this State, and not ex- 
empted by the laws of the United States, shall be subject to military duty, and 
shall constitute the militia of this State, excepting: 

1st. All persons in the army or navy or volunteer forces of the United States. 

2d. Regularly ordained or licensed minister of the Gospel. 

3d. The Lieutenant-Governor, members and officers of the General Assembly 
and all State and County officers. 

4th. All persons entertaining conscientious scruples against bearing arms, 
practicing physicians, professors, teachers and students in colleges, academies and 
common schools, ferrymen employed at any ferry on a post road and millers. 

5th. Commissioned officers who shall have served as such in the militia of this 
State, or of any one of the United States, for the space of seven years, and by 
resignation after such term of service, duly accepted, or in some other lawful 
manner shall have been honorably discharged. 

6th. Idiots, lunatics, paupers and persons convicted of infamous crimes. 

All such exempted persons, except those enumerated in subdivisions 1 and 6, 
shall be available for military duty in case of war, insurrection, invasion or im- 
minent danger thereof. 

Civ. '02, § 440; R. S. 375; St. at L., 1905, XXIV, 792. 

§ 491. How the Militia Shall Be Divided.— The militia of the State 
shall be divid'ed in two classes — the active and the reserve militia. The active 
militia shall consist of the organized and uniformed military forces of the State, 
which shall be known as the National Guard of the State. When called into ac- 
tive service, the colored organization shall, as far as practicable, be kept separate 
from white troops, but in cases where it becomes necessary for the colored and 
white troops to serve together, the command shall devolve upon the senior officer 
of the white troops present, regardless of rank. 

St. at L., .1905, XXIV, 792. 

§ 492. Governor Shall Be Commander-in-Chief. — The Governor of 
the State, by virtue of his office, shall be the Commander-in-Chief of the militia 
of the State, except of such portions as may at times be in the service of the 
United States. 

No ATii^iTARY Force of Another State to Enter. — No armed military 
force from another State, Territory or District shall be permitted to enter the 
State for the purpose of doing military duty therein without the permission of the 
Governor, unless such force is part of the United States Army, or is actmg un- 
der the authority of the United States. 

St. at L., 1905, XXIV, 792. 



§§493-497] OF SOUTH CAROLINA. 175 

§ 493. Governor's Staff. — The military staff of the Governor shall con- 
sist of the Adjutant-General, who shall have the rank of brigadier-general, one 
Adjutant-General with rank of colonel, who shall be assistant to the Adjutant- 
General, a quartermaster-general, a judge advocate-general, a commissary-gen- 
eral, a surgeon-general, a chief of ordnance, each of whom shall have the rank 
of colonel; three aides-de-camp, who shall each have the rank of colonel, and 
as many additional aides-de-camp, v\'ith the rank of lieutenant-colonel as the Gov- 
ernor may deem necessary: Provided, That in time of peace, the duties of the 
inspector-general, the quartermaster-general, and the chief of ordnance shall 
devolve upon the Adjutant-General. The three aides-de-camp v;ith the rank of 
colonel, shall be selected from the commissioned officers of the National Guard, 
but the three aides-de-camp with the rank of lieutenant-colonel may be appointed 
without restriction as to source of selection: Provided, That no officer now on 
the staff' of the Governor shall be deprived of his commission by reason of the 
i-estriction of this Section as to number of such staff' officers. All of these staff 
officers shall be appointed by the Governor, by and with the advice and consent 
of the Senate, except the Adjutant-General and an Adjutant-General with the 
rank of colonel, and shall hold office during his pleasure, but their commissions 
shall expire with the term of office of the Governor appointing them. The 
United States officer, detailed for duty to this State, shall have the title of mili- 
tary secretary to the Governor, with rank of colonel. 

1908, XXV, 1103; 1910, XXVI, 610; St. at L., 1905, XXIV, 792. 

§ 494. Governor's Power in Case of Insurrection. — The Governor shall 
have povrer, in case of insurrection, invasion, tumult, riot, or breach of the peace, 
or imminent danger thereof, to order into active service of the State any part of 
the militia that he may deem proper. When the militia of this State or a part 
thereof is called forth, under the Constitution and laws of the United States, the 
Governor shall order out for service the active militia, or such part thereof as 
may be necessary, and if the number available be insufficient, he shall order out 
such part of the reserve militia as he may deem necessary. During the absence 
of organization of the A^ational Guard in the service of the United States their 
State designations shall not be given to new organizations. 

St. at L., 1905, XXIV, 792. 

§ 495. Reserve Militia. — The portion of the reserve militia ordered out 
or accepted into the service, as indicated in Section 494 of this Article, shall be 
immediately mustered into the service of the State for one year, or such less 
period as the Governor may direct, and shall be organized' into troops, batteries 
or companies, which may be arranged in squadrons, battalions or regiments, or 
assigned to organizations of the National Guard already existing. The Governor 
is authorized to appoint the officers necessary to commence or complete any or- 
ganization thus created. Such new organization shall be equipped, disciplined 
and governed according to this Alilitary Code and the military regulations of the 
State. 
St. at L., 1905, XXIV, 792. 

§ 496. Governor May Declare Martial Law. — Whenever any portion 
of the militia is employed in aid of the civil atithority, the Governor, if in his 
judgment the maintenance of law and order will thereby be promoted, may, by 
proclamation, declare the County or city in which the troops are serving, or any 
specified portion thereof, to be in a state of insurrection. 

St. at L., 1905, XXIV, 792. 

§ 497. Duties of Militia. — The militia shall not be subject to active duty, 
other than the specified drills, parades, practice, marches, encampments, target 
practice, etc., except in case of war, or for preventing, repelling or suppressing 
invasion, insurrection or riot, or of aiding civil officers in the execution of the 
laws, in v/hich cases the Commander-in-Chief, or in his absence the Adjutant and 



176 CIVIL CODE [ §§ 498-502 

Inspector General, shall order out for active service, by draft or otherwise, as 
many of the militia as necessity demands. When an armed force is called out for 
the purpose of suppressing an unlawful or riotous assembly, it must obey the or- 
ders in relation thereto of the civil officer calling it out and render the required 
aid. The orders of the civil officer may extend to a direction of the general or 
specific object to be accomplished and the duration of service by the active 
mihtia, but the tactical direction of the troops, the kind and extent of force to be 
used, and the particular means to be employed to accomplish the object specified 
by the civil officers, are left solely to the officers of the active militia. 
St. at L., 1905, XXIV, 792. 

§ 498. United States Rules and Articles of War Governing of Militia 
on Bnty. — When the militia are ordered out, or have volunteered for, and 
while they are in active service, as heretofore specified or are in camps of in- 
struction, they shall be subject to the same rules and articles of war as troops of 
the United States, and during their term of service be entitled to the same pay, 
rations and allowances for clothing as are, or may be, established by law for the 
army of the United States. When called upon as a military organization to aid 
any civil officer in the execution of the laws or preservation of the peace, each 
officer and enlisted man of the militia so engaged shall receive the sum of one 
dollar and fifty cents per day and actual expenses, to be paid by the Governor 
through the commanding officer of the organization so ordered out. When the 
National Guard and the Naval Militia are on duty together at the same time, the 
commanding officer of the National Guard shall command the whole force. 
1911. XXVII, 147; St. at L-, 1905, XXIV, 792. 

§ 499. Penalty for Not Appearing. — Every member of the active militia 
ordered out who does not appear at the time and place designated by the Com- 
mander-in-Chief, or his superior officer, or who does not produce a sworn certifi- 
cate of physical disability from a physician in good standing to so appear, or excuse 
for unavoidable absence, approved by his company, battalion and regimental com- 
mander, shall be taken to be a deserter and dealt with as prescribed by the militia 
laws of the State. 

St. at L., 1905, XXIV, 792. 

§ 500. Uniform. — The uniform of the active militia shall be the same as 
is now prescribed, or may hereafter be prescribed, for the army of the United 
States, except that the letters "U. S." on said uniforms shall be replaced bv the 
letters "S. C." 

1908, XXV, 1103; St. at L., 1905, XXIV, 792. 

§ 501. Rules to Be Prescribed by Adjutant General. — Each company, 
troop or battery commander shall render such reports of drill and other instruc- 
tion and other reports and returns as may be prescribed by the Adjutant and 
Inspector General, which reports and returns shall be forwarded through the reg- 
ular military channels to the Adjutant and Inspector General for file in his office. 
The reports of drill or other practical instructions shall be prepared and signed by 
their respective First Sergeants, and certified to on honor by the company com- 
mander, and shall show the number of each grade in the organization present 
and absent from such drill or instruction, the date of the same, and be accom- 
panied by a list of the absentees from each drill or other instruction. 

St. at L., 1905, XXIV, 792. 

§ 502. National Guard Council — Duty to Audit Accounts of Adjutant 
General, etc. — There shall be for the State a National Guard Council, consist- 
ing of the brigade commander, who shall be the president of the council, the 
Adjutant General, and one officer of each regiment; one officer from the Coast 
Artillery Corps, and one officer from the Naval Militia ; at least one of the offi- 
cers so appointed shall be a company commander of infantry. The National 
Guard Council shall be advisory in its function. It shall recommend to the Gov- 



§§503-506] • OF SOUTH CAROLINA. 177 

ernor, from time to time, such action as it may deem advisable, relating to the 
Military Code, regulations, organization, equipment, duty and discipline of the 
National Guard, and it shall report on such matters as are referred to it by the 
Governor, or by the General Assembly of the State. The National Guard Coun- 
cil shall audit the accounts of the Adjutant General and the disbursing officer. 
The National Guard Council shall hold sessions in Columbia, at the call of the 
Governor, the president of the council or a majority of the council, and shall 
serve without pay, but the actual expenses of the members in attending these ses- 
sions shall be allowed and paid out of the contingent fund of the Adjutant Gen- 
eral. 

1911, XXVII, 147; St. at L., 1905, XXIV, 792. 

§ 503. Military Board — Annual Allotment of Appropriation. — A Mil- 
itary Board, consisting of the Governor, the Adjutant and Inspector General and 
three commissioned officers of the active militia, to be appointed by the Gover- 
nor, shall be constituted, and whose duties shall be to apportion the annual ap- 
propriation for the support of the militia, and shall determine what organiza- 
tions are entitled by law to a share in said appropriation. No company, troop, 
battery or band shall participate in the annual allotment of such appropriation 
unless the proper officers of such organization shall have duly and properly ren- 
dered all the required reports and returns for the preceding year, and unless the 
reports of drills and other instruction shall show that the prescribed number has 
been had and that there has been an average attendance of at least sixty per 
cent, of its enli'^ted strength present at such drills or other instruction, and 
furthermore, unless the organization participated in the required practice marches 
or attended the required annual camp of instruction. 

St. at L., 1905, XXIV. 792. 

§ 504. Inspections. — There shall be held once in each year an inspection 
of all the organizations and the military property in their possession, and all 
companies of infantry, cavalry and artillery having less than seventy-five per 
cent, of their officers and enlisted men present at such inspection, and that the 
same is in good condition for service, shall be disbanded. 
St. at L., 1905, XXIV, 792. 

§ 505. List of Companies Passing Inspection. — As soon as practicable 
after the annual inspections are completed, the Adjutant and Inspector General 
shall file with the Comptroller-General a certified list of all companies that have 
passed a satisfactory inspection, together with a certified statement, signed by a 
majority of the Military Board, showing how the annual appropriation has been 
apportioned and divided and the pro rata share of each company entitled thereto, 
whereupon the Com.ptrolier-General shall draw his warrant in accordance with 
said certified statements and forward same direct to parties entitled thereto. 

Such certified statements shall show affirmatively that the respective organi- 
zations shown thereon as being entitled to a share of the annual appropriation 
have complied with all the requirements as to reports, returns, drills or other 
instruction, practice marches and encampments. 

St. at L., 1905, XXIV, 792. 

§ 506. Power of Commander-in-Chief — Enlistments. ^ — The Com- 
mander-in-Chief may transfer, consolidate, muster-out, disband and make such 
other changes m the organization of the State militia, from time to time, as the 
best interest of the service may require. Enlistments therein shall be for two 
years, and will be made by signing enlistment papers prescribed by the Adjutant 
and Inspector General, and by taking the following oath or affirmation, which m.ay 
be administered by any commissioned officer, to wit: "I do solemnly swear (or 
affirm) that I will bear true allegiance to the United States and to the State of 
South Carolina, and that I will support the Constitution thereof ; that I will serve 
the State of South Carolina faithfully in its military service for the term of two 

S C C— 12 



178 C7[7L CODE [ §§ 507-512 

years, unless sooner discharged, or I cease to be a citizen thereof; that I will obey 
the orders of the Commander-in-Chief and such officers as may be placed over me, 
and the laws governing the military forces of the State of South CaroHna ; so help 
me God." 

St. at L., 1905, XXIV, 792. 

§ 507. By-Laws of Company — Violation Thereof. — Any company of 
the organized militia may, hy a vote of two-thirds of its members, form by-laws, 
rules and regulations not inconsistent with this Chapter, for the government and 
improvement of its members in military science and discipline ; and such by-laws, 
rules and regulations shall be binding ; but they may be altered, from, time to time, 
as may be found necessary. For violation of by-laws, rules and regulations of as- 
sociations organized pursuant to this Chapter, enlisted men, in addition to trial by 
a Military Court, may also be expelled from the organizations to which they be- 
long, by a vote of the majority of all its members and upon such action being con- 
firmed in orders by the commanding officers of the regiment, battalion or squadron 
not part of a regnnent, and in case of an organization not part of a regiment, bat- 
talion or squadron, by the officer to whose command it is attached, the name of 
such person shall be stricken from the roll of the organization of which he was a 
member, his certificate of membership shall be surrendered and cancelled', and he 
shall cease to be a member thereof, and his time of service in the same shall not 
be allowed. 

St. at L., 1905, XXIV, 792. 

§ 508. Special Charters. — Nothing in this Chapter shall be construed so 
as to annul, abridge, or interfere with rights or privileges granted by special Act 
or by charter passed previously for the benefit of any organization now in exist- 
ence : Provided, That any companies which have been disbanded, or may be 
hereafter disbanded, shall not be entitled to enjoy any military rights granted by 
charter or Act of incorporation. And all Acts or parts of Acts granting such- 
military rights to companies so disbanded are hereby repealed. 

St. at L., 1905, XXIV, 792. 

§ 509. Rules of Government. — The rules and articles of war, and general 
regulations for the government of the army of the United States, so far as are 
applicable and are not inconsistent with the Constitution and laws of this State, 
shall applv to the government of the organized militia of this State; but no 
punishment under such rules and articles, which shall extend to the taking of 
life, shall in any case be inflicted, except in time of actual war, invasion or in- 
surrection, declared by proclamation of the Governor to exist, and then only on 
the approval, by the Commander-in-Chief, of the sentence inflicting such punish- 
ment. 

St. at L., 1905, XXIV, 792. 

§ 510. Officers May Administer Oaths. — Any commissioned officer shall 
have authority to administer oaths to military persons, when such may be neces- 
sary; and the same penalties shall attach to false swearing in such cases as are 
now provided by law in case of perjury. 

St. at L., 1905, XXIV, 792. 

§ 511. Exemption from Arrest. — No officer or enlisted man shall be ar- 
rested by the civil authorities, except for treason, felony, or breach of the peace, 
while going to or returning from, or attending upon, any military duty, court 
martial or court of inquiry which it is his duty to attend. 

St. at L., 1905, XXIV, 792. 

§ 512. "Company" Defined. — The word company, as used in this Chap- 
ter shall be understood to include a troop, battery, detachment of the Hospital 
Corps, or a band, and the word officer shall be understood to include commis- 
sioned officers only. 

St. at L., 1905, XXIV, 792. 



§§ 513-517 ] OF SOUTH CAROLINA. ' 179 

§ 513. Bonds of Officers. — All officers who are now or may hereafter 
become responsible for arms, uniforms, equipments, supplies or funds, either be- 
longing to the State or furnished by the Government of the United States for the 
use of the militia of this State, shall furnish a good and sufficient bond for one 
thousand dollars, that the said arms, uniforms, equipments, supplies or fmids will 
be properly and duly expended or cared for as required by law, order or regula- 
tions, and that all such property and funds will be duly and properly accounted 
for and transferred to their successors whenever the said officer may in any man- 
ner be relieved from said responsibility : Proinded, That all companies now in 
service for the State shall, on or before July 1, 1905, furnish and maintain an 
armory suitable for the safe-keeping of arms, uniforms and equipments, issued 
to such company, and no company shall hereafter be mustered into service unless 
it shall have secured such armory, or the establishment of such armory be guaran- 
teed. No company shall be equipped until such armory is provided ; and any com- 
pany failing to comply with the provisions of this Section shall be disbanded. 
1908, XXV, 1104; St. at L., 1905, XXIV, 792. 

§ 514. Naval Militia. — There shall be allowed, in addition to the com- 
panies of the National Guard of the State of South Carolina, as now provided by 
law, not more than four companies of naval militia which shall constitute a bat- 
talion, to be known as the Naval Battalion of the National Guard of South Caro- 
lina. 

The organization, armament and discipline of the Naval Battalion of the Na- 
tional Guard of South Carolina shall be the same which is now or may be here- 
after prescribed by the United States Navy Department, and it shall be the duty 
of the Commander-in-Chief to make and publish such orders as may be necessary 
to conform said Naval Battalion of the National Guard of South Carolina in 
organization, armament and discipline to that prescribed by the Navy Department 
of the United States, and such orders when duly made and published shall have 
the force and elTect of law. 

1908, XXVr 1105; St. at L., 1905, XXIV, 792. 



ARTICLE 2. 
The Adjutant and Inspector GeneraIv. 

Sec. Sec. 

515. The Adjutant and Inspector Gen- 519. Duties in General. 

eral — Compensation. 520. Adjutant and Inspector General to 

516. Bond required. add names to Confederate Roll. 

517. Vacancy in office. 521. Assistant to Adjutant General. 

518. Annual report of Adjutant Gen- 522. Rules and regulations. 

eral.- 

§ 515. Adjutant and Inspector General — Compensation. — The Ad- 
jutant and Inspector General, elected by the qualified electors of this State, at 
the same time and in the same manner and for the same term of office as the 
other State officers. His compensation shall be nineteen hundred dollars per an- 
num, and his rank that of Brigadier-General. 

St. at L., 1905, XXIV, 792. 

§ 516. Bond Required. — The Adjutant General shall give bond to the 
State in an approved surety company in the sum of ten thousand ($10,000) dol- 
lars, conditioned on the faithful performance of his duties, and the cost and ex- 
penses incurred by entering into such bond shall be paid out of the contingent 
fund of the Adjutant General. 

1911, XXVII, 148; St. at L., 1905, XXIV, 792. 

§ 517. Vacancy in Office. — If a vacancy occur in the office of The Ad- 
jutant and Inspector General, whether from death, resignation, disqualification, 



180 CIVIL CODE [ §§ 518-520 

or other cause, the Governor has the power to appoint some suitable person, who, 
on being duly qualified according to law, shall be entitled to enter upon and hold 
the office for the unexpired term of the former incumbent, and shall be subject 
to all the duties and liabilities incident to the office, and receive the compensa- 
tion provided by law for the Adjutant and Inspector General during his term 
of service. 

St. at L., 1905, XXIV, 792. 

§ 518. Annual Report of Adjutant General. — The Adjutant and In- 
spector General shall report annually to the Commander-in-Chief : 

1. A statement of all moneys received or disbursed by him since his last report. 

2. The number, condition and organization of the militia of the State. 

3. Any suggestion which he may deem of importance to the military interest 
and condition of the State, and the perfection of its military organization. 

The said annual report shall be printed and laid before the Legislature for its 
information. The Commander-in-Chief may require special reports from the 
Adjutant and Inspector General at any time, upon any matter connected with 
the duties of his office, or with the military service of the State. 

St. at L., 1905, XXIV, 792. 

§ 519. Duties in General. — It shall be his duty: 

1. To keep on file in his office all rolls, returns and reports made to him, and 
records of all orders, letters or other official papers issued from his office. 

2. To authenticate with his official seal all papers issued from his office, which 
by law may require authentication under such seal. 

3. To keep an account of all moneys received or disbursed by him. 

4. To issue all orders of the Commander-in-Chief relating to the militia and 
to keep a record thereof. 

5. FiEivD Service of Instruction. — In order that the National Guard of the 
State may receive the benefit of the funds provided by Congress, it shall be the 
duty of the Adjutant General of the state to submit a plan of proposed field or 
camp service of instruction for the ensuing year, with an estimate of funds re- 
quired for payment, subsistence and transportation of the portion of the National 
Guard participating therein, said estimate to furnish the details and to be made 
out in the form required by instructions from the Secretary of War. 

6. Preservation of Property. — He shall make such regulations pertaining to 
the preparation of reports and returns and to the care and preservation of prop- 
erty for m.ilitary purposes, whether belonging to the State or to the United 
States, as in his opinion the conditions demand; such regulations to be operative 
and in force when- promulgated in the form of general orders, circulars or letters 
of instructions. 

7. Other Duties. — He will perform such duties as pertain to the Adjutant 
General and the other chiefs of staff departments, under the regulations and cus- 
toms of the United States Army. He will superintend the preparation of all re- 
turns and reports required by the United States from the State, and will perform 
all the duties prescribed for him. in this "Military Code." 

8. Printed Forms. — He shall have the necessary forms prepared, printed and 
distributed to tlie commissioned officers of the organized militia. He shall also 
have the militia laws, and such forms, and so much of the rules and articles of 
war for the government of the United States Army as he may decide are appli- 
cable, published, and a copy thereof sent to each commissioned officer, which 
shall be held by him as property of the State and delivered to his successors in 
office. 

St. at L., 1905, XXIV, 792. 

§ 52 0. Adjutant and Inspector General to Add Names to Confed- 
erate Rolls. — The Adjutant and Inspector General, or the Clerk of the His- 
torical Cojumission, authorized and empowered to add to any of the Confederate 



§§521-523] OF SOUTH CAROLINA. ' 181 

Rolls, in his custody, such names as shall appear by proper proof under oaths; 
to have been omitted therefrom by oversight or otherwise; the proof furnished 
shall in each case be filed with and become a part of said Rolls. 
1905, XXIV, 970; St. at L., 1905, XXIV, 792. 

§ 521. Assistant to Adjutant General. — There shall be an Adjutant 
General with the rank of Colonel, who shall be assistant to the Adjutant General^ 
and who shall be appointed and commissioned by the Governor upon the recom- 
mendation of the Adjutant General, and whose salary shall be thirteen hundred 
and fifty dollars. The assistant to the Adjutant General shall aid the Adjutant 
General by the performance of such duties as may be assigned to him, and shall, 
in case of absence or inability of the Adjutant General, perform all or such por- 
tion of the duties of the Adjutant General as the latter may expressly delegate 
to him. 

1910, XXVI, 610; St. at L., 1905, XXIV, 792. 

§ 522. Rules and Regulations. — The Adjutant and Inspector General, 
with the approval of the Commander-in-Chief, is hereby authorized to make such 
rules and regulations from time to time as he may deem expedient, and when 
promulgated shall have full force and effect as the militia laws of the State. But 
the rules and regulations in force at the time of the passage of this Act shall re- 
main in force until new rules and regulations are approved and promulgated. 

St. at L., 1905, XXIV, 792. 



ARTICLE 3. 
The; Quartermaster-General. 

Sec. Sec. ' 

523. Care, preservation and sale of 525. Annual statement. 

property. 526. Appointment of armorer. 

524. Disbursing officer of United States 527. Purchase of material. 

funds. 

§ 523. Care, Preservation and Sale of Property. — The Quartermaster- 
General shall attend to the care, preservation, and safe-keeping and repairing of 
the arms, ordnance, accoutrements, equipments and all other military property be- 
longing to the State, or issued to the State by the government of the United States 
for the purpose of arming and equipping the organized militia. All military prop- 
erty of the State which, after a proper inspection, shall be found unsuitable for 
the use of the State, shall, under the direction of the Governor, be disposed of 
by the Quartermaster-General at public auction, after suitable advertisement of 
the sale, daily for ten days, in at least one newspaper, published in the EngHsh 
language, in the city or County where the sale is to take place ; or the same may be 
sold at private sale when so ordered by the Governor. He shall bid in the prop- 
erty or suspend the sale whenever, in his opinion, better prices may or should be 
obtained. He shall, from time to time, render to the Governor, a just and true 
account of the sales made by him, and shall expend the proceeds of the same in the 
purchase of other military property, as the Governor may direct. He shall be re- 
sponsible for all the arms, ordnance, accoutrements, equipments and other mili- 
tary property which may be issued to the State by the Secretary of War in com- 
pliance with law, and it shall thereafter be his duty to prepare returns of said 
arms and other property of the United States at the times and in the manner regu- 
lated by the Secretary of War. 

Shall Deliver to Ordnance Department Arms, etc. — He shall, upon the 
order of the Governor, turn into the Ordnance Department of the United States 
Army the rifles, carbines, bayonets, bayonet scabbards, gun slings, belts and such 
other necessary accoutrements and equipments, the property of the United States, 
and now in possession of the State, which may be replaced from time to time, by 



182 CIVIL CODE [ §§ 524-527 

new arms, equipments, etc., sent by the United States in substitution therefor, and 
cause the same to be shipped, under instructions from the Secretary of War, to the 
designated arsenal or depot at the expense of the United States. And when the 
Kational Guard of the State shall be fully armed and equipped with standard 
service magazine arms, and the standard equipment and accoutrements of the 
United States Army, he shall cause all the remaining arms, equipments, etc., the 
property of the United States and in possession of the State, to be transferred and 
shipped as above directed. 

Accounts and Expenses. — He shall keep a just and true account of all ex- 
penses necessarily incurred, including pay of officers and enlisted men, subsist- 
ence of militia, transportation of the militia and of all military property of the 
State, and such expenses shall be audited and paid in the same manner as other 
military accounts are audited and paid. 

Issuance of Military Property. — He shall issue such military property as 
the Governor shall direct, and under his direction make purchases for that pur- 
pose. No military property shall be issued to persons or organizations other than 
those belonging to the active militia, except to such portions of the reserve militia 
as may be called out by the Governor. 

St. at L., 1905, XXIV, 792. 

§ 524. Disbursing Officer of United States Funds. — The Quarter- 
master-General, or other officer detailed by the Com.mander-in-Chief, shall act as 
disbursing officer of the funds allotted by the United States for the support or 
use of the militia of this State. He shall receipt to the proper officer of the 
United States for all such funds and shall expend the same under the orders of 
the Commander-in-Chief, in accordance with the laws of the United States. He 
shall render such reports and returns of such funds as may be required by the 
proper authorities of the United States and shall make an annual report of the 
expenditures to the Commander-in-Chief. 

St. at L., 1905, XXIV, 792. 

§ 525. Annual Statement. — He shall render annually to the Governor 
a statement in detail showing the disposition of all clothing, ordnance, arms, am- 
munition and other military property on hand or issued. 
St. at L., 1905, XXIV, 792. 

§ 526. Appointment of Armorer.- — He shall appoint an Armorer, who 
shah take charge of the State Armory, and keep in order ah the arms and ammu- 
nition therein, and whose salary shall be five hundred dollars per annum. The 
Armorer shall be required to work daily upon the public property in the State 
Arsenal or elsewhere, and shall be authorized to call for and obtain convict labor 
from the State Penitentiary to work at the said Arsenal whenever necessary, or 
to employ such labor at the Penitentiary in doing work on the State arms and 
equipments. The Armorer shall be responsible for the State property in the Ar- 
senal, and shall keep an account of the same, and of all receipts and issues. 

St. at L., 1905, XXIV, 792. 

§ 527. Purchase of Material. — He, with the consent of the Governor, 
shall have authority to purchase any material or parts of arms or equipments which 
may be necessary to repair any of the State arms or equipments or of the United 
States supplied for the use of the militia rendered unserviceable by breakage or 
wear ; and all bills for such shall be paid by the State Treasurer, on the warrant 
of the Comptroller-General, out of any funds applicable thereto, and he may also 
sell or exchange any military property of the State for the purpose of obtaining 
other arms, equipments or munitions more suitable to the wants of the militia. 

St. at L., 1905, XXIV, 792. 



§§ 528-531 ] OF SOUTH CAROLINA. 183 

ARTICLE 4. - 
Organization of the Nationai^ Guard of the State. 

Sec. Sec. 

528. Organization of the National volunteer armies of United 

Guard. States. 

529. Military organization. 531. Commander-in-Chief to publish 

530. Organization, armament and disci- orders as to organization. 

pline prescribed for regular and 

§ 528. Organization of the National Guard. — The National Guard of 
the State shall consist oi the Commander-in-Chief and his staff, one Brigadier- 
General and his staff, to be hereafter specified, and such companies, battalions and 
regiments of infantry, such troops of calvary, and batteries of artillery, as may 
be prescribed by the Commander-in-Chief, not to exceed in all two thousand five 
hundred officers and men : Provided, That the Governor shall, on or before 
June 30, 1905, disband a sufficie^nt number of companies of infantry and troops of 
calvary, and shall muster out of service the surplus field and staff officers neces- 
sary to reduce the strength of the active militia of the State to that prescribed by 
this Section: And Provided, further, That he shall also temporarily disband a 
sufficient number of organizations, so that the remainder of the active militia may 
be thoroughly armed and equipped, as required by the War Department authori- 
ties, on or before June 30, 1905, with the funds that may be available by that 
time, either from the balance that may be due from the allotment from the United 
States, or that may be appropriated for this purpose by the General Assembly. 
The organizations so temporarily disbanded may be again mustered into service 
as soon as sufficient funds are available for thoroughly equipping them for field 
service, but the total strength of the active militia, as prescribed by this Section, 
shall not be exceeded. 

St. at L., 1905, XXIV, 792. 

§ 529. Military Organization. — The military organization of the Na- 
tional Guard shall constitlite a brigade, but the Governor shall have power to 
alter, divide, annex, consolidate, disband, or reorganize the same and create new 
organizations whenever, in his judgment, the efficiency of the State forces will be 
thereby increased, and he shall at any time have power to change the organization 
of regiments, battalions, squadrons, troops, batteries and companies, so as to con- 
form to any organization, system of drill or instruction now or hereafter adopted 
by the United States Army, and for that purpose the number of officers and non- 
commissioned officers of any grade in regiments, battalions, squadrons, troops, 
batteries and companies may be increased to the extent made necessary by the new 
positions thus created. The Governor shall have power, in case of war, insurrec- 
tion, invasion, or imminent danger thereof, to increase the force beyond the maxi- 
mum now established by law, and to organize the same, with the proper officers, 
as the exigencies of the service may require. 

St. at L., 1905, XXIV, 792. 

§ 530. Organization, Armament and Discipline Prescribed for Reg- 
ular and Volunteer Armies of United States. — The organization, armament 
and discipline of the National Guard of South Carolina shall be the same as that 
which is now or may be hereafter prescribed for the regular and volunteer armies 
of the United States. 

1908, XXV, 1105. 

§ 531. Commander-in-Chief to Publish Orders as to Organization. 

— It shall be the duty of the Commander-in-Chief to make and publish such or- 
ders as may be necessary to conform said National Guard of South Carolina in 
organization, armament and discipline to that prescribed for the armies of the 
United States; and such orders when duly made and pubHshed shall have the 
force and effect of law. 

1908, XXV, 1105; St. at U, 1905, XXIV, 792. 



184 . CIVIL CODE [ §§ 532-533 

. ARTICLE 5. 

Commissioned Officers of the Nationai, Guard. 

Sec. _ _ Sec. 

533. Officers — How commissioned. 538. Elections — How ordered. 

533. Qualification of officers. 539. Elections — How conducted. 

534. Officers must pass an examination. 540. Oath of office. 

535. Boards of Examination. 541. Forfeiture of commission by ab- 

536. Election of officers. sence. 

537. Brigadier General and officers of 542. How officer is removed. 

stafif corps and departments — 543. Retired list. 

How appointed. 

§ 532. Officers — How Commissioned. — All officers shall be commis- 
sioned by the Governor; but no one shall be commissioned unless the conditions 
set forth in the following Sections have been complied with, and no one shall be 
recognized as an officer unless he shall have been duly commissioned and shall 
have taken the oath of office. 

St. at L., 1905, XXIV, 792. 

§ 533. Qualification of Officers.' — Commissioned officer must be citizen 
of the United States and of the age of eighteen years and upwards. Xo person 
who has been expelled or dishonorably discharged from any military organization 
of the State shall be commissioned unless he has re-enlisted and served as pro- 
vided in this Chapter. No person sliall be commissioned unless he shall possess 
the additional requirements herein prescribed for the particular office to which he 
is commissioned. A Brigadier-General, at the time of his appointment, must be 
an officer in active service in the National Guard of this State of the grade of 
field officer, and for five successive years imm.ediately preceding his appointment 
he must have been in active service in said National Guard as a commissioned of- 
ficer. A Colonel of a regiment, at the time of his appointment, must either be 
an officer in active service in the National Guard of this State, and for three suc- 
cessive years immediately preceding his appointment must have been in active 
service in said National Guard as a commissioned officer, or, if not in active 
service at the time of his appointment, must have had prior service of at least six 
years m the National Guard of this State, or in the army of the United States, or 
in both combined, as a commissioned officer. A Lieutenant-Colonel and Major of 
of the line, at the time of his appointment, must either be an officer in active serv- 
ice, and for two successive years immediately preceding his appointment must 
have been in active service in the National Guard of this State, as a commissioned 
officer, or, if not in active service at the time of appointment, must have had prior 
service of at least six years in the National Guard of this State, or in the army 
of the United States, or in both combined, as a commissioned officer. Staff of- 
ficers of officers below the grade of Brigadier-General, except medical officers, 
Veterinary Surgeons and Chaplains, must have served one year immediately pre- 
ceding their appointments in the National Guard of this State. Staff officers of 
the Brigadier-General, except Judge Advocates and Surgeons, must be selected 
from the commissioned officers in active service in the National Guard of this 
State, who, for one year immediately preceding their appointments, have been 
in active service in such National Guard as commissioned officers. A Judge 
Advocate must be a counsellor at law of the Supreme Court of this State of at 
least ten years' standing if of the grade of Lieutenant-Colonel ; of at least five 
years' standing if of the grade of Major. Surgeons and Assistant Surgeons must 
be graduates of an incorporated school of medicine, and of at least ten years' 
practice if of the grade of Lieutenant-Colonel; of at least five years' practice 
if of the grade of Major ; of at least three years' practice if of the grade 
of Captain ; and of at least two years' practice if of the grade of First Lieutenant. 
A Veterinary Surgeon must be a graduate of an incorporated school of veterinary 



§§534-538] OF SOUTH CAROLINA. ' 185 

science. A Chaplain must be a regularly ordained minister of some religious de- 
nomination. 

St. at L., 1905, XXIV, 792. 

§ 534. Officers Must Pass an Examination.— Before receiving a com- 
mission consequent upon an original appointment or election, or before being com- 
missioned to a higher grade as a result of promotion, every ofificer must have 
passed a satisfactory examination before a board as to his knowledge of military 
affairs and general knowledge and fitness for the service, and any one failing to 
pass such examination shall not be eligible for an office in the militia of the vState 
or for promotion for the period of one year from the date of such failure. The 
following are exempt from examination: General officers, Judge Advocates, 
medical offixers, Veterinary Surgeons, Chaplains, and officers who immediately on 
the expiration of their term of office or resignation are reappointed to the posi- 
tion they previously held. 

St. at L., 1905, XXIV, 793. 

§ 53 5. Boards of Examination. — Boards of examination under the pre- 
ceding Section shall be appointed by the Governor or caused by him to be ap- 
pointed for the National Guard by the commanding officer. Such boards shall 
consist of not less than three officers, and shall have the same power to take evi- 
dence, administer oaths, and compel witnesses to attend and testify and produce 
books and papers, and punish their failure to do so as is possessed by a general 
court martial. 

When returns of appointments or proceedings of election are received by a 
board, the persons appointed or elected shall by it be ordered before it for exami- 
nation, and the result of the examination, with all the papers in the case, shall be 
forwarded to the officer ordering the board. 
St. at L., 1905, XXIV, 792. 

§ 536. Election of Officers. — The Colonels and Lieutenant-Colonels of 
regirhents shall be elected by the field and company officers of their respective 
regiments. All other field officers shall be elected by the company officers of their 
respective organizations or units. The Captains and Lieutenants of troops, bat- 
teries or companies shall be elected by the members of these organizations who 
shall have performed, during the period, not more than twelve months im- 
mediately preceding the election, at least 60 per cent, of the duty required of 
them, and who shall not be indebted at the time to the civil association of such 
troops, battery, or company, organized as provided in this Chapter. 

1910, XXVI, 611; St. at L., 1905, XXIV, 792. 

§ 537. Brigadier General and Officers of Staff Corps and Depart- 
ments — How Appointed. — The brigadier general shall be appointed by the 
Governor upon the recommendation of a majority of the field officers of the line 
of the National Guard. Officers of the staff corps and departments, the extra of- 
ficers allowed to regiments and battalions for staff duty, veterinarians and 
chaplains, shall be appointed by the Governor, upon the recommendation of the 
commanding officer on whose staff they are to serve. For administrative pur- 
poses, a detachment of the hospital corps shall be considered a subdivision of the 
organization to which it is attached. 

1911, XXVII, 148; St. at L, 1905, XXIV, 792. 

§ 538. Elections — How Ordered. — The commanding officer of the bri- 
gade shall issue the orders for the election of Colonels and Lieutenant-Colonels of 
regiments, for the Majors of separate battalions and squadrons, and also for the 
election of the Captains and Lieutenants of separate troops, batteries or com- 
panies. 

Colonels of regiments shall issue the orders for the election of all officers of 
their respective regiments. The Majors of separate battalions or squadrons shall 



186 CIVIL CODE [ §§ 539-543 

issue the orders for the election of the company officers of their respective organ- 
izations. 

St. at L., 1905. XXIV, 792. 

§ 539. Elections — How Conducted. — The ballots for the election of the 
field officers will be forwarded on the date specified in the order for the election, 
by mail, to the officer ordering the election, and at the same time a copy of the 
said ballot shall be mailed direct to the Adjutant and Inspector General. For the 
election of the company officers three managers of election shall be appointed by 
the company commander, who shall be duly sworn to perform the duty of mana- 
gers of said election without partiality, favor or affection. The said managers 
shall open the polls at the designated time and place specified in the order for 
the election, and as soon as all the electors have cast their votes, or at the expira- 
tion of one hour from the opening of the polls, they shall at once publicly canvass 
the votes and declare the result of the election. A majority of the votes of all 
persons present voting at an election shall be necessary for a choice. The returns 
of said election, duly signed and sealed by the managers, together with the ballots 
and tally sheets, shall be mailed to the officer ordering the election, who will, five 
days from the receipt of the returns, announce in general orders the result of said 
election, and who shall also forward the ballots and tally sheets to the Adjutant 
and Inspector General. Any contest or protest as to any election must be made 
within five days from the day of election to the Adjutant and Inspector General, 
whose decision in such cases, when approved by the Governor, shall be final. 

St. at L., 1905. XXIV, 792. 

§ 540. Oath of Office. — Every officer duly commissioned shall, upon the 
receipt of his commission, take and subscribe the constitutional oath of office. 
Such oath shall be taken and subscribed before any civil officer authorized by law 
to administer oaths, or before any commissioned officer of the National Guard 
of this State. 

St. at L., 1905, XXIV, 792. 

§ 541. Forfeiture of Commission by Absence. — Any officer who shall 
have been absent without leave for a period of six months or more, or any officer 
who shall move beyond the confines of the State and remain absent therefrom 
for a like period, shall forfeit his commission. 
St. at L., 1905, XXIV, 792. 

§ 542. How Officer Is Removed. — A commissioned officer can not be 
removed from office without his consent, except by the Senate, upon the recom- 
mendation of the Governor, or the sentence of a general court-martial : Pro- 
vided, That as soon as practicable after the adoption of this Code election shall 
be ordered for the election of all elective officers as herein prescribed, and that 
thereafter no election shall be ordered unless for the purpose of filling an existing 
vacancy except upon petition, stating good and sufficient grounds for the necessity 
for a change, signed by at least a majority of those qualified to vote at the elec- 
tion: Provided, That any commissioned officer who has become or who shall 
become unfit or incompetent, and therefore incapable of performing the duties 
of his office, shall, upon the recommendation of his commanding officer, be or- 
dered before a board of officers convened by the Governor, whose duty it shall 
be to determine the facts as to the nature and cause of incapacity of such officer 
and to report their finding in the case to the Governor, stating cause of incapacity, 
unfitness or incompetency, if such be proved to exist, and if he approves such 
finding, said officer shall be discharged from the service. 

1908, XXV, 1106; St. at L., 1905, XXIV, 792. 

§ 543. Retired List. — Any officer of the National Guard who shall have 
served as such for a continuous period of ten years may, upon his own request, 
be placed upon the retired list and withdrawn from active service and command 
by the Governor : and any officer who shall have served as such for the continu- 



§§544-546] OF SOUTH CAROLINA. ' 187 

ous period of twenty years may, upon his own request, be placed upon the retired 
list with rank one grade higher than the rank held by him on date of retirement, 
and shall be withdrawn from active service and command. 
■1905, XXIV, 792; 1908, XXV, 1107. 



ARTICLE 6. 

Enlisted Men of the National Guard. 

Sec. Sec. 

544. Who may enlist 550. Reduction to ranks. 

545. Re-enlistment. 551. Dropping of enlisted men. 

546. Regulations as to enlistments. 552. Enlisted men to serve until dis- 

547. Physical examination of persons charged. 

enlisting. 553. Discharges — Honorable and dis- 

548. Transfers of enlisted men. honorable. 

549. Appointing and warranting non- 

commissioned officers. 

§ 544. Who May Enlist. — Any man who is a citizen of the United States, 
or has declared his intention to become a citizen, if more than eighteen and less 
than forty-five years of age, able-bodied, free from disease, of good character 
and temperate habits, may be enlisted in the National Guard of the State, under 
the restrictions of this Article, for a term of not less than two years ; except that 
men may be enlisted as musicians if more than sixteen years of age. No minor 
shall be enlisted without the written consent of his parent or guardian. A man 
who has been expelled or dishonorably discharged from any military organiza- 
tion of the State or United States shall not be eligible for enlistment or re-enlist- 
ment unless he produce the written consent to such enlistment of the command- 
ing officer of the organization from which he was expelled or dishonorably dis- 
charged, and of the commanding officer who approved such expulsion or issued 
such dishonorable discharge. Men who have been discharged by reason of dis- 
bandraent may be enlisted, and shall then receive credit for the period served at 
the time of such disbandment. A man discharged for physical disability shall, 
if such disability cease, and he again enlists, or a man discharged upon his own 
request, shall, if he again enlist, receive credit for the period served prior to such 
discharge: Provided, That in order to make such service continuous, for com- 
puting continuous service pay, he shall have again enlisted within three months 
after his discharge. Bandmasters, Drum Majors, Chief Trumpeters, Veterinary 
Surgeons, members of the hospital corps and rnusicians may be enlisted as such. 

St. at L., 1905, XXIV, 792. 

§ 545. Re-Enlistment. — Any man who has served the period of his orig- 
inal enlistment may be re-enlisted for a like term of two years. No man above 
the age of forty-five years shall be re-enlisted except by permission of the com- 
manding officer of the regiment to which the organization is attached, or in case 
of separate battalions, squadrons or companies, by the commanding officer thereof. 

St. at L., 1905, XXIV, 792. 

§ 546. Regulations as to Enlistments. — Every person who enlists or 
re-enlists shall sign and make the oath prescribed in Section 506 of this Code, 
but no enlistment shall be valid unless it be approved by the commanding officer 
of the organization to which the troop, battery or company is attached, or of 
which it forms a part. A person making a false oath as to any statement con- 
tained in such enlistment paper shall, upon conviction, be deemed guilty of per- 
jury. Muster-in rolls and enlistment papers shall be made in triplicate, one of 
which shall be retained at headquarters of the regiment. The original shall be 
forwarded to the office of the Adjutant and Inspector General within ten days 
from any muster or enlistment of men, and one copy shall be retained by the com- 
pany commander. 

1908, XXV, 1107; St. at L., 1905, XXIV, 792. 



188 CIVIL CODE [ §§ 547-552 

§ 547. Physical Examination of Persons Enlisting. — Every person 
who shall enlist or re-enlist shall be examined physically by a surgeon or assistant 
surgeon of the National Guard, or, where the services of same are not available, 
by a competent civilian physician, such examination to be in accordance with the 
"Instructions for the guidance of medical officers in the physical examination of 
applicants for enlistment in the National Guard," authorized, or that may be au- 
thorized, by the War Department. 

1908, XXV, 1107; St. at L., 1905, XXIV, 792. 

§ 548. Transfers of Enlisted Men. — Enhsted men may be transferred 
upon their own application in the same regiment or battalion or squadron, not 
part of a regiment, from one company or troop to another, by the command- 
ing officer of such regiment, battalion or squadron from one regiment, battalion 
or squadron not part of a regiment, separate troop, battery or separate company 
to another in the brigade, by the commanding officer of the brigade. Non-com- 
missioned officers must be returned to the ranks before they can be transferred. 

St. at L., 1905, XXIV, 792. 

§ 549. Appointing and Warranting Non-Commissioned Officers. — 

Commanding officers of regiments and of battalions and squadrons not part of 
regiments, shall appoint and warrant the non-commissioned staiT officers of their 
respective regiments, battalions or squadrons, and they shall, in their discretion, 
warrant the non-commissioned officers of the troops, batteries and companies of 
their respective regiments, battalions and squadrons from the members thereof, 
upon the written nomination of the commanding officers of the troops, batteries 
■and companies, respectively. In troops, batteries and companies not part of a 
regiment, battalion or squadron, the non-commissioned officers shall be warranted 
by the commanding officer of the brigade, in his discretion, from the members 
thereof, upon the written nomination of the commanding officer of the troop, 
battery or company. 

St. at L., 1905, XXIV, 792. 

§ 550. Reduction to Ranks. — The officer warranting a non-commissioned 
officer shall have power to reduce to the ranks, upon the recommendation of the 
company commander, for good and sufficient reasons, the non-commissioned of- 
ficers named in this Section ; but such as were enlisted as non-commissioned 
officers shall be discharged. Non-commissioned officers who- shall be dropped 
vacate their positions. 

St. at L., 1905, XXIV, 792. 

§ 551. Dropping of Enlisted Men. — An enlisted man who shall remove 
his residence to such distance from the armory of his organization as to render 
it impracticable for him to perform his duties properly, or who, after due dili- 
gence, cannot be found, or who shall be convicted of a felony, or who shall be ex- 
pelled from his organization in accordance with by-laws lawfully adopted, may 
be dropped from the rolls of his company, battery or troops, by order of the com- 
manding officer of the brigade, regiment, battalion or squadron not part of a regi- 
ment. 

St. at L., 1905, XXIV, 792. 

§ 552. Enlisted Men to Serve until Discharged. — All enlisted men of 
the organized militia shall be held to service in their several companies, battalions 
or regiments until they shall have been regularly discharged. No discharge shall be 
ordered prior to expiration of term of service unless for good cause, approved 
by the battalion and regimental commander, or, in case of unattached com- 
panies, by the brigade commander, and no member of any company shall be dis- 
charged from service until he has obtained the certificate of the commanding of- 
ficer of his company that he has turned over, or satisfactorily accounted for, all 
property issued and charged to him. Discharges shall be signed by company com- 



§§553-554] OP SOUTH CAROLINA. ' 189 

manders and approved by regimental commanders, or by the brigade commander, 
in case of companies not a part of any regiment. 
St. at L., 1905, XXIV, 792. 

§ 553. Discharges — Honorable and Dishonorable. — An enlisted man 
who has not returned all the public property for which he is responsible, or has 
not paid all his dues, shall, under no circumstances, receive an honorable dis- 
charge. A discharge, or an honorable discharge, at the discretion of the officer 
discharging him, shall be granted to the following: A non-commissioned staff 
officer or a non-commissioned officer, who, had he not been enlisted as such, 
would be reduced to ranks ; an enlisted man, at his own request, provided he 
assign sufficient and valid reason for such request ; an enlisted man, who, by rea- 
son of disability, is no longer able to perform his mihtary duties properly; an 
enlisted man, who, by the reduction of his regiment, battalion or squadron, has 
become surplus, or whose troops, battery or company shall be disbanded ; an en- 
listed man who has served the time for which he enlisted or re-enlisted ; an en- 
listed man who continues in service after the expiration of his term of enlist- 
ment or re-enlistment, shall, in case he desires a discharge, give fifteen days' no- 
tice of application therefor to the officer authorized to grant the same, and such 
officer may, in his discretion, grant such discharge forthwith or hold the same 
until the expiration of the said fifteen days. An enlisted man shall be held for 
service until his discharge is granted and issued. Dishonorable discharges shall 
be given to the following: An enlisted man, fined by any military court, who 
shall neglect or refuse to pay such fine within thirty days after it was imposed; 
an enlisted man whose immediate commander applies to have him discharged for 
the good of the service, after giving him ten days' notice of such application and 
an opportunity to be heard in defense of his conduct. The discharges mentioned 
above shall be granted by the commanding officer of the regiment; in the case of 
separate troops, batteries and separate companies, by the commanding officer of 
the brigade. Enlisted men may be dishonorably discharged p'ursuant to the sen- 
tence of a general court-martial. 

St. at L., 1905, XXIV, 792. 



ARTICLE 7. 

South Carouna National Guard in the City op Charleston. 

Sec. Sec. 

554. Militia in City of Charleston. 555. Annual tax. 

§ 554. Militia in City of Charleston. — The corporations heretofore 
known as the "Board of Field Officers of the Fourth Brigade, South Carolina 
Militia," and subsequently as the "Board of Field Officers, Fourth Brigade, South 
Carolina Volunteer Troops," and subsequently thereto as "The Board of Officers- 
of South Carolina Volunteer Troops in the City of Charleston," shall hereafter 
be known and styled "The Board of Officers of South Carolina National Guard 
in the City of Charleston ;" and shall consist of the Colonel or other officer in the 
city of Charleston commanding the troops hereafter mentioned and the com- 
manding officers of the following companies now forming a part of the National 
Guard of the State of South Carolina within the limits of the city of Charleston, 
to wit: The German Fusileers, Irish Volunteers, Washington Light Infantry. 
German Artillery, Lafayette Artillery, Sumter Guards and Palmetto Guard, and 
of such one or more of them as shall continue to exist. The said corporation so 
composed shall continue to be, and shall be, a body politic and corporate, for the 
purpose of holding all property, both real and personal, now owned or hereafter 
to be acquired by the said corporation, for the benefit of the companies herein- 
before designated. The said corporation, so composed, shall continue to take, 
purchase and hold property, both real and personal, for the benefit of the com- 



190 CIJ'IL CODE [ §§ 555-556 

panics hereinbefore designated, and the same to pledge, sell and transfer, from 
time to time, on such terms and under such conditions, and subject to such regu- 
lations as may be prescribed by said corporation. That all of the property, real 
and personal, choses in action and assets of the corporation created by the Act 
of January 4, 1894, and its predecessors, is hereby vested in the corporation 
hereby created as the successor of the said several corporations: Provided, hozv- 
ever, That the property known as Clarion. Square, otherwise called the Citadel 
Green, now vested in said corporation as constituted by this Article, shall forever 
be kept by it as a place for the military exercises of the companies hereinbefore 
designated: And prozided, further, That the corps of cadets of the State ]^Iili- 
tary Academy shall have the right to use the said ]Marion Square, otherwise called 
the Citadel Green, as a place for military exercise and recreation, under such 
regulations as may be prescribed by the Board of Visitors thereof. The said 
corporation, -hereby created, shall have a com.mon seal, and shall have the right 
to sue and be sued in the Courts of this State. The said corporatron, hereby con- 
stituted, is hereby declared, recognized and confirmed as the successor of the 
original corporators; and all acts done by them, or by any persons heretofore 
acting as successors of said original corporators in their corporate capacity as 
field officers of the Fourth Brigade, in their said several corporate capacities, are 
hereby confirmed. 

St. at L., 1905, XXIV, 792. 

§ 555. Annual Tax. — The County Board of Commissioners of Charleston 
County are hereby authorized and directed to levy an annual tax of one-eighth 
of one mill on all the taxable property in the city of Charleston, the same to be 
collected by the County Treasurer of Charleston County for the benefit of and to 
be paid over to the Board of Officers of South Carolina National Guard in the 
city of Charleston. The funds arising from the said levy shall be distributed by 
the said board among the companies of the said South Carolina National Guard 
in the city of Charleston and the Charleston Light Dragoons, in proportion to 
the average attendance at such drills and parades as may be designated by the 
said boarci. The moneys thus appropriated shall be expended by said companies 
only for the purchase of arms, ammunition, equipments and uniforms, for such 
other expenses as may be necessary for the military efficiency of the said companies ; 
and the company commander shall, on the fifteenth day of September of each 
year, make a full report of the said expenditures to the commanding officer of 
the said South Carolina National Guard in the city of Charleston, who shall for- 
ward the same to the Adjutant and Inspector General: Provided, That one-tenth 
of the amount collected by the said levy shall be paid by the board to the com- 
manding officer of the colored troops in the city of Charleston, to be by him dis- 
tributed to the companies of his command in the city of Charleston. 

St. at L., 1905, XXIV, 792. 



ARTICLE 8. 
Arms, Parades, Drills, etc. 

Sec ■ Sec. 

556. Arms, uniforms and equipment. 561. Drills and parades. 

557. Disposition of arms. 562. Failure to appear. 

558. Unlawfully disposing of property 563. Commanding officer may cause ar- 

Penalty. rest, prevent interference, and 

559. Fraudulent disposition of property abate nuisances. 

— Unlawfully wearing insignia 564. Authority of commandmg officer 

of office. '^o order meetings. 

560. Liability of officer for property. 565. Militia to pass tollgates free. 

§ 556. Arms, Uniforms and Equipment.— Each regularly organized 
company of the militia shall be furnished by the State with such arms, uniforms- 



§§557-559] • OF SOUTH CAROLINA. 191 

and equipments as are required, upon the written requisition of the commanding 
officers of such companies, respectively, approved by the regimental commander. 
The arms and equipments so furnished to any organization of militia shall con- 
tinue to be the property of the State, or of the United States, to be used for mili- 
tary purposes only, and shall be returned whenever called for by proper author- 
ity. It shall be unlawful, and it is hereby forbidden, for any officer of the Na- 
tional Guard, or other person responsible for arms, equipments or other military 
property, to loan the same under any circumstances whatsoever : Provided, That 
upon the written order of the Governor such property may be, in cases of extreme 
emergency, temporarily loaned or issued. 
St. at L., 1905, XXIV, 792. 

§ 557. Disposition of Arms. — Any officer who shall receive, according 
to the provisions of this Article, any arms, equipments, or other military property 
from the State, shall distribute the same to his command as he may deem proper, 
taking vouchers therefor. All property so distributed shall remain in the armory 
of the command, and shall not be removed therefrom except by the permission 
of the commanding officer. Every officer or enlisted man. of any company of 
the militia, to whom any arms, equipments or other military property shall be so 
delivered, shall be held personally responsible for its care, safe-keeping and re- 
turn. He shall use the same for militar}^ drills, parades and musters only ; and 
upon receiving a discharge, or otherwise leaving the military service, or upon the 
demand of his commanding officer, he shall fonthwith surrender and deliver up 
the said arms and equipments, together with all other military property that may 
be in his possession, to the said commanding officer, in as good order and condi- 
tion as the same were at the time he received them, reasonable use and ordinary 
wear thereof excepted. 

St. at L., 1905, XXIV, 792. 

§ 558. Unlawfully Disposing of Property — Penalty. — Any officer or 
enlisted man who shall, contrary to the lawful order of the proper officer, retain 
in his possession or control any arms, equipments or other article of military 
property belonging to the State or the United States, or who shall willfully or 
maliciously destroy or injure any such property, or who shall, when not on duty, 
use or wear any such property without permission of his commanding officer, 
shall be tried therefor by a Magistrate, and upon conviction shall be fined not 
exceeding one hundred dollars or imprisoned not exceeding thirty days. MHien- 
ever such military property shall be found in the custody or possession of other 
persons, without right, any officer shall take possession of the same.^ 

St. at L., 1905, XXIV, 792. 

§ 559. Fraudulent Disposition of Property — Unlawfully Wearing 
Insignia of Office. — Any person who shall secrete, sell, dispose of, offer for 
sale, purchase, retain after demand made by a commissioned officer of the Na- 
tional Guard, or in any manner pawn or pledge any arms, uniforms, equipments, 
or other miilitary property, issued under the provisions of this Chapter, and any 
person who shall wear any uniform, or any device, strap, knot, or insignia of any 
design or character used as a designation of grade, rank or office, such as are by 
law or by general regidation, duly promulgated, prescribed for the use of the ac- 
tive militia or similar thereto, except members of the Army and Navy of the 
United States and the National Guard of this or any other State, shall be tried 
therefor by a Magistrate, and upon conviction thereof shall be fined not ex- 
ceeding one hundred dollars or imprisoned not exceeding thirty days. All money 
recovered by an}^ action or proceeding under this or the preceding Section shall 
be paid to the Adjutant and Inspector General, who shall apply the same to the 
use of the active militia. ^ 

St. at L., 1905, XXIV, 792. 

1. See Criminal Code, § 205. 2. See Criminal Code, § 206. 



192 CIVIL CODE ' [ §§ 560-564 

§ 560. Liability of Officer for Property. — Any officer receiving public 
property for military use shall be accountable for the articles so received by him, 
and shall not be discharged or allowed to resign from the service until he has 
returned to the xA.djutant and Inspector General a receipt from his successor in 
command, or a proper accounting officer, for the articles issued to him, in good 
order and condition, or has shown to the Adjutant and Inspector General, by 
satisfactory proof or by action of a Board of Survey, that any article not so ac- 
counted for has been properly expended in the service, or injured, lost or de- 
stroyed without any fault or neglect on his part; or if lost or willfully injured 
or destroyed through the misconduct of any person, that reasonable efforts have 
been made by him to recover or prosecute for the same. In addition he shall be 
liable to make good to the State, or United States, all such property so injured, 
lost or destroyed by any neglect or default on his part, and for the recovery of 
which he has made no reasonable effort. 

St. at L., 1905, XXIV, 792. 

§ 561. Drills and Parades. — Regimental, brigade and battalion com- 
manders may order out their respective commands, or any part of them, for 
parade, drill, review or inspection, at such times and places as they may deem 
most convenient. The Commander-in-Chief may order reviews or encampments 
of such portions of the militia at such times and places as he shall deem proper. 
Each company, battery or troop, composing the active militia shall be required to 
assemble for drill and instruction at their respective armories or other ren- 
dezvous, or for target practice, not less than twenty-four (24) times during each 
calender year, and that in addition thereto each of the said organizations shall 
participate in practice marches or attend camps of instruction for at least five 
consecutive days : Prov-ided, That the Commander-in-Chief may excuse, for 
good and valid reasons, any organization from participating in said practice 
marches, or from attending said camps of instruction. 

St. at L., 1905, XXIV, 792. 

§ 562. Failure to Appear. — No officer or enlisted man shall fail in repair- 
ing at the time fixed to the place of parade, drill or other rendezvous appointed 
by his commanding officer, if not prevented by sickness or some other evideiit 
necessity, or shall go from the said place or rendezvous without leave from his 
commanding officer, before he shall be regularly dismissed or relieved, on the pen- 
alty of being punished, according to the nature of his offense, by the sentence of 
a court martial. 

St. at L., 1905. XXIV, 792. 

§ 563. Commanding Officer May Cause Arrests, Prevent Interfer- 
ence, and Abate Nuisances. — The commanding officer, upon any occasion of 
duty, may place in arrest during the continuance thereof any person who shall 
trespass upon the camp ground, parade ground, armory or other place devoted 
to such duty, or shall in any way or manner mterrupt or molest the orderly dis- 
charge of duty by those under arms, or shall disturb or prevent the passage of 
troops going to or returning from any duty. He may prohibit and prevent the 
sale or use of all spirituous liquors, wine, ale or beer, the holding of huckster or 
auction sales, and all gambling within the limits of the post, camp ground, place 
of encampment, parade, or drill under his command, or within such limits not 
exceeding one m.ile therefrom as he may prescribe. And he may in his discretion 
abate as common nuisances all such sales. 

St. at L., 1905, XXIV, 792. 

§ 564. Authority of Commanding Officers to Order Meetings.— The 

commanding officer of any brigade, regiment, battalion or company may require 
the commissioned officers and non-commissioned officers of his command to meeL 
for instruction, exercise and improvement at such times and places as he shall 
appoint; and he may require them to appear with such arms and accoutrements 
as he may prescribe ; said officers shall thereupon be formed into a corps of in- 



§§565-568] OF SOUTH CAROLINA. 193 

striiction, without regard to rank, and shall be thoroughly uistructed in the 
manual of arms, the school of the soldier and the company, and in such other 
theoretical and practical details as the said commanding officer shall deem proper. 
St. at L., 1905, XXIV, 792. 

§ 565. Militia to Pass Tollgates Free.— Any person belonging to the 
military forces of this State, going to or returning from any parade, drill or 
meeting, which he may be appointed by law to attend, shall, together with his 
conveyance and the military property of the State, be allowed to pass free 
through all toUgates and over all tollbridges and ferries. 

St. at L., 1905, XXIV, 792. 



ARTICLE 9. 

Military Courts. 

Sec. Sec. 

566. Military Courts. 577. Preservation of order. 

567. Exemption from action at law . 578. May summon witnesses. 

when acting under authority. 579. Marshals. 

568. Burden of proof to defeat juris- 580. Powers 'of magistrates. 

diction. 581. Papers to be served by civil offi- 

569. Officer's neglect of dutj', etc. cers. 

570. Court-Martial. 582. Fees. 

571. Who may appoint courts-martial. 583. Fines and penalties. 

572. Sentence. 584. Power to arrest. 

573. Courts of inquiry. 585. Deck Court. 

574. Trials of enlisted men. 586. Decision of matters not herein 

575. Proceedings of courts-martial. provided for. 

576. President of court-martial or court 

of inquir}-. 

§ 566. Military Courts.— The :\Iilitary Courts of the State shall be: 

1. General courts martial. 

2. Regimental courts martial. 

3. The summary court. 

4. Courts of inquiry. 

The constitution and jurisdiction of courts martial, the form and manner in 
which the proceedings of military courts shall be conducted and recorded, and 
the forms of oaths and affirmations taken in the administration of military law 
by such courts, the liiiiits of punishment and the proceeding in revision shall be 
governed by the Articles of War and the law and procedure of the courts martial 
of the United States, except as hereinafter modified. No officer or enlisted man 
shall be tried except on written charges and specifications. The arraignment of 
the accused, the proceedings, trial and record, shall, in all respects, conform to 
the forms and requirements of the United States law and practice of courts mar- 
tial, except as herein otherwise provided. 

St. at L., 1905, XXIV, 792. 

§ 567. Exemption from Action at Law When Acting under Au- 
thority. — No action or proceeding shall be prosecuted or maintained against 
a member of a military court, or officer or person acting under its authority or 
reviewing its proceedings, on account of the approval or imposition or execution 
of any sentence, or the imposition or collection of a fine or penalty, or the execu^ 
tion of any warrant, writ, executions, process or mandate of a mihtary court. 

St. at L., 1905, XXIV. 792. 

§ 568. Burden of Proof to Defeat Jurisdiction. — The jurisdiction of 
the courts and boards established by this Chapter shall be presumed, and the 

S C C— 13 



194 CIVIL CODE [ §§ 569-575 

burden of proof shall rest on any person seeking to oust such courts or boards of 
jurisdiction in any action or proceeding. 
St. at L., 1905, XXIV, 792. 

§ 569. Officer's Neglect of Duty, etc. — An officer who neglects to per- 
form the duties of his office, or to obey the rightful orders of his superiors, or 
who is guiltv of conduct unbecoming an officer and a gentleman, or who violates 
any of the provisions of this Chapter, may be put under arrest by his superior 
officer and tried by a court martial. 

St. at L., 1905, XXIV, 792. 

§ 570, Conrt-Martial. — General court martials shall be convened by the 
Governor, and may consist of from three to seven officers, but they shall not con- 
sist of less than seven when that number can be convened without manifest in- 
jury to the service. 

1911, XXVII, 148; St. at L., 1905, XXIV, 792. 

§ 571. Who May Appoint Courts -Martial. —Regimental commanders 
shall have power to appoint regimental courts martial for the trial of all officers 
except field officers, of their respective regiments. In all cases where the regimen- 
tal commander is the accuser, and for the trial of all other officers within their re- 
spective commands, the oommander of the brigade shall have power to order gen- 
eral courts martial. In all cases where the brigade commander is the accuser, or 
where the regimental or brigade commander neglects or refuses to order a court 
martial, then the court shall be ordered by the Commander-in-Chief. For a trial 
of a Brigadier-General, courts martial shall be ordered by the Commander-in- 
Chief. 

St. at L., 1905, XXIV, 792. 

§ 572. Sentence. — Courts martial may sentence an officer convicted by 
them to be punished according to the nature and degree of the offense, and ac- 
cording to military usage ; but in tinne of peace such punishment shall not extend 
further than cashiering the officer convicted, and disqualifying him from holding 
any office in the militia of this State, and imposing a fine not exceeding one hun- 
dred dollars. Officers cashiered by sentence of a court martial shall be precluded 
thereby from again volunteering into the military service of the State, except 
the sentence be remitted by the Commander-in-Chief. 

St. at L., 1905, XXIV, 792. 

§ 573. Courts of Inquiry. — Courts of inquiry, to consist of three offi- 
cers and a Judge Advocate, may be instituted by the Commander-in-Chief, or by 
the commanding officer of the brigade or regiment, in relation to these officers for 
whose trial they are authorized to appoint courts martial, for the purpose of ex- 
amining into any military transaction, or the conduct of an officer, either by his 
own solicitation, or on a complaint or charge of improper conduct, or for the 
purpose of settling a military question, or for establishing good_ order and dis- 
cipline. Such court of inquiry shall, without delay, report the evidence adduced, 
a statement of facts, and wlien required, an opinion thereon, to the officer institut- 
ing such court, who may in his discretion, thereupon appoint a court martial for 
the trial of the officer whose conduct shall have been inquired into. 

St. at L., 1905, XXIV, 792. 

§ 574. Trials of Enlisted Men. — Regimental commanders and T\Iajors 
commanding separate battalions or squadrons may at any time appoint a sum- 
mary court martial for the trial of enlisted men of their respective organizations, 
which courts martial shall have power to try all oflfenses, delinquencies and defi- 
ciencies with which enlisted men may be charged. 

St. at L., 1905, XXIV, 792. 

§ 575. Proceedings of Courts -Martial. — The proceedings and sentence 
of a court martial shall, without delay, be transmitted to the officer ordering the 



§§576-581] OF SOUTH CAROLINA. 195 

court, or to his successor in command, who shall, within fifteen days thereafter, 
approve, disapprove, commute or remit the sentence and issue his order thereon; 
and he shall also transmit such proceedings and sentence, with his action thereon, 
to the Adjutant and Inspector General, to be filed in his office. 
St. at L., 1905, XXIV, 792. 

§ 576. President of Courts -Martial or Court of Inquiry, — The Presi- 
dent of everv court martial or court of incjuiry shall be the member of the court 
senior in rank, who, besides his duties and privileges as a member, shall be the 
organ of the court to keep order and conduct its business. 

In his absence, the senior officer present shall preside, with all the power of 
the President. All the members of such court shall, when on duty, be in uniform ; 
and the court may sit without regard to hours, and may adjourn from time to 
time, as may be necessar}^ for the transaction of business. 
St. at L., 1905, XXIV, 792. 

§ 577. Preservation of Order. — Courts martial and courts of inquiry are 
authorized and empowered to preserve order during their sessions ; and any per- 
son or persons who shall be guilty or disorderly, contemptuous or insolent be- 
havior in, or use any insulting or contemptuous or indecorous language or ex- 
pressions to or before any such court, in open court, intending to interrupt the 
proceedings or to impair the respect and authority of such courts, may be com- 
mitted to the jail of the County in which said courts shall sit, for a time not ex- 
ceeding twelve hours, by warrant under the hand and seal of the President of 
such court. 

St. at L., 1905, XXIV, 792. 

§ 578. May Summon Witnesses. — Courts martial and courts of inquiry 
shall issue subpoenas for all witnesses whose attendance at such court may, in 
their opinion, be necessary in behalf of the State, and also, on application, for all 
witnesses in behalf of any officer charged or accused, or persons returned as de- 
linquents, and may direct th# commander of any company to cause such sub- 
poena to be served on any witness by member of his company. Such court shall 
also have the power to administer the usual oath to witnesses, and to compel wit- 
nesses to appear and testify, by attachment, fine and imprisonment; and all 
Sheriffs, Jailers and Constables must execute any process issued by such courts 
for any of the aforesaid purposes. 

St. at L., 1905, XXIV, 792. 

§ 579. Marshals. — The President of any court martial or court of inquiry 
may appoint, under his official signature, one or more marshals, who shall execute 
any process lawfully issued by such President or court, and perform all acts and 
duties by this Article imposed on, and authorized to be performed by any Sheriff 
or Constable. 

St. at L., 1905, XXIV, 792. 

§ 580. Powers of Magistrates.— General and regimental courts martial 
and summary courts, in addition to their usual powers, shall have the power to 
impose punishment upon members of the militia convicted by such courts, within 
the same limits as Magistrates now have by law. 

St. at L., 1905, XXIV, 792. 

§ 581. Papers to Be Served by Civil Officers. — Every Marshal, Sheriff 
or Constable to whom any such warrant or execution shall be directed and de- 
livered must execute the same by levying and collecting the fines and penalties, 
and make return thereof to the officer who issued the same within sixty days, from 
the receipt of such execution or warrant, paying over the amount collected to the 
proper officer, in accordance with the provisions of this Article. Any Marshal, 
Sheriff or Constable failing or refusing to execute such execution or warrant as 
herein required, or to make return thereof and pay over fines so collected, shall 
be subject to rule and attachment from the Court of Common Pleas of the County 



196 CIVIL CODE [ §§ 582-586 

wherein he resides, upon motion of any attorney, or President of a court martial, 
or the officer ordering the same, or any other officer whose duty it is to see that 
such process be duly executed. 
St. at L., 1905, XXIV, 792. 

§ 582. Fees. — For executing process or performing any service required 
by the provisions of this Article, Sheriffs and Constables shall be entitled to the 
same fees as they are allowed by law for similar services in civil or criminal 
cases. Marshals, to whom an execution or warrant for the collection of fines and 
penalties may be directed or delivered, as provided in this Article, shall be entitled 
to the like fees as Sheriffs for similar services. 

St. at L., 1905, XXIV, 792. 

§ 583. Fines and Penalties. — All fines and penalties collected from any 
officer or enlisted man of a regiment shall be paid by the officer collecting the same 
to the commanding officer of the company to which the person so fined belonged, 
and shall constitute a portion of the military fund of such organization, which 
shall be disbursed by order of the comm.anding officer thereof. All fines and pen- 
alties collected from any other person shall be paid by the officer collecting the 
same to the Adjutant and Inspector General of the State, to be expended for the 
use of the militia of the State. 

St. at L., 1905, XXIV, 792. 

§ 584. Power to Arrest. ^All commanding officers shall have power to 
place under arrest any officer, and order into confinement any enlisted man. who 
may be under their command; and persons in arrest or confinement must not 
bear arms during the continuance of such arrest or confinement. 

St. at L., 1905, XXIV, 792. 

§ 58 5. Deck Court.- — The commanding officers of the Naval Battalion 
may at anv time appoint a deck court for the trial of enlisted men of the Naval 
Militia. This court shall have the same powers and jurisdiction over the Naval 
Militia as a summary court has over the National Guard. 

1911. XXVII, 148; 1905, XXIV, 792. 

§ 586. Decision of Matters Not Herein Provided for. — All matters 
relating to the organization, discipline and government of the National Guard, 
not otherwise provided for in this Act or in the general regulations, shall be de- 
cided by the custom and usage of the United States Army. 

St. at L., 1905, XXIV, 792. 



TITLE V. 

OF COUNTIES. 



CHAPTER XVn. 
Of Counties and Their Corporate Powers. 

Sec. Sec. 

587. Division of State into counties — 593. Beaufort County — Location and 

Each county a body politic. boundaries. 

588. Abbeville County — Location and 594. Berkeley County— Location and 

boundaries. boundaries. 

589. Aiken County — Location and 595. Calhoun County — Location and 

boundaries. boundaries. 

590. Anderson County — Location and 596. Charleston Countj^ — Location and 

boundaries. l)Oundaries. 

591. Bamberg- County — Location and • 597. Cherokee _ Count}^ — Location and 

boundaries. ' boundaries. 

592. Barnwell County — Location and 598. Chester County — Location and 

boundaries. boundaries. 



587] 



OP SOUTH CAROLINA. 



197 



Sec. ^ Sec. 

599. Chesterfield County — Location and 624. 

boundaries. 

600. Clarendon County — Location and 625. 

boundaries. 

601. Colleton County — Location and 626. 

boundaries. 

602. Darlington County — Location and 627. 

boundaries. 

603. Dillon County — Location and 628. 

boundaries. 

604. Dorchester County — Location and 629. 

boundaries. 

605. Edgefield County — Location and 630. 

boundaries. 

606. Fairfield County — Location and 631. 

boundaries. 632. 

607. Florence County — Location and 

boundaries. 

608. Georgetown County — Location and 633. 

boundaries. 

609. Greenville County — Location and 6o4. 

boundaries. 635. 

610. Greenwood County — Location and 

boundaries. 

611. Hampton County — Location and 636. 

boundaries. 

612. Horry County — Location and 

boundaries. 637. 

613. Kershaw County — Location and 

boundaries. 638. 

614. Lancaster County — Location and 639. 

boundaries. 640. 

615. Laurens County — Location and 

boundaries. 641. 

616. Lee County — Location and bound- 

aries. 642. 

617. Lexington County — Location and 

boundaries. 

618. Marion County — Location and 643. 

boundaries. 

619. Marlboro County — Location and 644. 

boundaries. 

620. Newberry County — Location and 645. 

boundaries. 646. 

621. Oconee County — Location and 

boundaries. 647. 

622. Orangeburg County — Location and 

boundaries. 648. 

623. Pickens County — Location and 

boundaries. 

§ 587. Division of State into Counties — Each County a Body Politic. 

— The State of South CaroHna is divided into forty-three judicial districts, caUed 
Counties. Each County is a body poHtic and corporate, for the following pur- 
poses : To sue and be sued ; to purchase and hold, for the use of the County, 
lands and personalty within the limits thereof ; to make all contracts, and to do 
all acts in relation to the property and concerns of the County necessary thereto.^ 
Civ. '02, § 529; G. S. 403; R. S. 461; 1868, XIV, 134; 1882, XVII, 632. 



Richland County — Location and 
boundaries. 

Saluda County — Location and 
boundaries. 

Spartanburg County — Location and 
boundaries. 

Sumter County — Location and 
boundaries. 

L^nion County — Location and 
boundaries. 

Williamsburg County — ■ Location 
and boundaries. 

York County — Location and bound- 
aries. 

Property of County. 

Public officers having care of pub- 
lic buildings may insure the 
same. 

County property exempt from levy 
and sale. 

Xew Counties — Petition for. 

Petitioners to deposit money to 
pay cost of new counties and 
annexations. 

Governor's duty when petition for 
new County is filed to refer to 
Commissioner. 

Commission on petition for new 
Counties. 

Duty of Commissioners. 

Commission to investigate facts. 

Election for new County — How 
ordered. 

Election for new County— 7H0W 
conducted. 

Duties of Commissioners of elec- 
tion for new County to canvass 
returns, etc. 

Duty of General Assembly to cre- 
ate new County. 

Election for new Counties — Time 
between elections. 

How Court House may be moved. 

How County lines may be changed 
— Proviso as to voting places. 

Commission to be appointed by 
Governor for annexations. 

How two counties may consolidate. 



1. May sue on official bond. Greenville County 
V. Runion, 9 S. C. 1 ; Chester v. Hemphill, 29 S. 
C. 584, 8 S. E. 195; Aiken County v. Murray, 
35 S. C. 508, 14 S. E. 954. Suit on claim must 
be before Board of County Commissioners. Jen- 
nings V. Abbeville County, 24 S. C. 543. When 
action ex delicto may be sued in Court of Com- 
mon Pleas. Acker v. Anderson County, 20 S. C. 
495; Jennings v. Abbeville County, 24 S. C. 543; 
Chick V. Newberry County, 27 S. C. 419, 3 S. E. 
787; Laney z'. Chesterfield County, 29 S. C. 140, 
7 S. E. 56. How name pleaded. County of Rich- 



land V. Miller, 16 S. C. 241. Judgment against 
Charleston County does not carry costs, under 
Funding Act of 1878. Holmes v. County of Char- 
leston, 14 S. C. 146. Account audited does not 
bear interest. lb. ; Wheeler v. County of New- 
berry, 18 S. C. 135. Contracts must be made by 
County Commissioners alone. Ostendorff z'. 

County Commissioners, 14 S. C. 407; Edmond- 
ston V. County of Aiken, 14 S. C. 622; Jennings 
V. Abbeville County, 24 S. C. 543. No action 
against them without contract. Ostendorff "•. 
County Commissioners, 14 S. C. 407. Remedy by 



198 CIVIL CODE [ §§ 588-591 

§ 588. Abbeville County — Location and Boundaries. — Abbeville County 
is bounded as follows : On the southwest by the Savannah River, by which it is 
separated from Georgia ; on the northwest by Anderson County, from which 
it is separated by a line (the old Indian boundary) drawn from a marked black- 
gum, on the east bank of the Savannah River, at the foot of Grape Shoals (North 
50° east), to a willow oak, marked "A. & P.," on the south side of Saluda 
River; on the northeast by Laurens County, from which it is separated by the 
Saluda River, and by Greenwood County; and on the southeast by Edgefield 
County, from which it is divided by a line drawn from a point on the Savannah 
River at the mouth of Little River, north 34° east, fourteen miles and sixty 
chains, and thence north 40° east to the Greenwood County line.^ 

Civ. '02, § 530; G. S. 404; R. S. 462; IV, 661, § 1; VII, 199, § 2; 252, 284; 1897, 
XXII, 605, 1898, XXII, 896. 

§ 589. Aiken County — Location and Boundaries. — Aiken County is 
bounded as follows : On the northwest by Edgefield and Saluda Counties, from 
which it is divided by a straight line commencing at the mouth of Fox's Creek, 
where it empties into Savannah River, and running thence to where the south 
branch of Chinquepin Falls Creek (a tributary of the North Edisto River) in- 
tersects the Saluda and Lexington line ; on the northeast by Lexington County, 
from which it is divided by said creek to where it empties into the North Fork 
of the Edisto River, and by the said North Fork to where the dividing line be- 
tween Lexington and Orangeburg Counties (running from Big Beaver Creek to 
the North Fork of the Edisto) touches said river; on the southeast by Orange- 
burg and Barnwell Counties, from which it is divided by a straight line running 
by A. J. Weathersbee's old mill, thence the line established by J. Seth Mixon, 
Deputy Surveyor, to the Savannah River, at a point below the mouth of the 
Upper Three Runs Creek, said survey having been made under Act of Assembl}^, 
approved 14th March, 1874; on the southwest by Georgia, from which it is sepa- 
rated by the Savannah River. 

Civ. '02, § 531; IV, 661, 664; V, 478, 506; VI, 473; VII, 199, 248, 261, 284; XIV, 
695; XV, 649; 1896, XXII, 249. 

§ 590. Anderson County — Location and Boundaries. — Anderson County 
is bounded as follows : On the northwest and north by Oconee and Pickens 
Counties, from which it is divided by a line commencing at the mouth of Cane 
Creek, on Tugaloo River, and running thence to the point where Eighteen Mile 
Creek is crossed by the road leading from Pendleton to Hagood's Store, thence 
to the mouth of George's Creek, on Saluda River ; on the northeast and east by 
Greenville County, from which it is separated by the Saluda River : on the south- 
east by Abbeville County, from which it is divided by a line drawn from a 
marked black gum on the east bank of the Savannah River, at the foot of Grape 
Shoals, to a willow oak, marked "A. and P.," on the south side of Saluda River : 
on the southwest by the State of Georgia, from which it is separated by the Sa- 
vannah River. 

Civ. '02, § 532; G. S. 406; R. S. 464; I, 196; VI, 39, 289, 341; VII, 261. 

§ 591. Bamberg County — Location and Boundaries. — Bamberg County 
is bounded as follows: Beginning at a point in the middle of the stream of Salke- 

mandamus. Wheeler v. County of Newberry, 18 In action on coupons against County of Pick- 

S. C. isS; Duke v. County of Williamsburg, 21 ens, holder made as sole defendants to his com- 

S. C. 416; Hunter v. Mobley, 26 S. C. 192, 1 S. plaint certain persons "as County Commisi^ioncrs" 

E. 670. As to County bonds. State v. R. R., of said County. No objection was taken to plcad- 

13 S. C. 290; Duke v. County of Williamsburg, ings, nor any misnomer suggested. Verdict and 

21 S. C. 416; Lancaster v. R. R., 28 S. C. 134, judgment for plaintiff. Held, that neither Con- 

22 Am. & Kng. Corp. Cas. 157, 5 S. E. 338. As to stitution nor statutes declare name by which 
line fence. County Commissioners v. County County shall be sued, and that, although action 
Commissioners, 18 S. C. 598. There is no stat- should have been brought against County by its 
vite providing for the payment by a County in corporate name, if misdescription objected to, 
which a crime is committed of the cost ard ex- there was no ground for reversing the judgment, 
penses of the trial therefor in another County to Commissioners v. Bank, 97 U. S. 374, 24 h. Ed. 
which the venue has been changed. Kershaw 1060. 

County V. Richland Countv, 61 S. C. 75, 39 S. 2. See boundaries of Greenwood County. Post, . 

E. 263. ' 5 610. 



§§592-594] OF SOUTH CAROLINA. 199 

hatchie River where George's Creek enters said river, and running due north up 
said stream by Rush's Mill to a gum tree one and one-fourth miles above Rush's 
Mill; thence due north to a point in the middle of the stream of South Edisto 
River; thence down the middle of the stream of said river to where it enters into 
the Edisto River ; thence down the middle of this latter river to the point where 
the same is intersected by the old district line dividing the County of Barnwell 
from the County of Colleton ; thence along said dividing line to where the same 
intersects with Salkehatchie River; thence up the middle of the stream of said 
Salkehatchie River to the point of beginning, as shown by a map of said pro- 
posed County of Bamberg made by J. S. Mixon & Son, December 1st, 1896. 
Civ. '02, § 533; 1897, XXII, 580. 

§ 592. Barnwell County — Location and Boundaries. — Barnwell County 
is bounded as follows : On the northwest by Aiken County, from which it is di- 
vided by a line beginning at the point upon the Savannah River, below the mouth 
of the Upper Three Runs Creek, as established by the survey of J. Seth Mixon, 
under Act approved March 14, 1874, and following said line to A. J. Weathers- 
bee's old mill ; then to South Edisto River, in the direction of the point on the 
North Edisto River (mouth of Cedar Branch) where the line between Orange- 
burg and IvCxington Counties, drawn from Big Beaver Creek, touches said river ; 
on the northeast by Orangeburg County, from which it is separated by the South 
Edisto River as far down as the northeast corner of Bamberg County ; on the 
east by the line separating it from Bamberg County ; and on the southeast by the 
old district line, stretching from Nelson's Ferry, on the Santee River, to Matthews 
Bluff, on Savannah River, separating it from Hampton County ; and on the south- 
west by the State of Georgia, from which it is separated by the Savannah River. 

Civ. '02, § 534; G. S. 407; R. S. 465; IV, 664; VII, 199, 284; XIV, 695; XV, 649; 
1897, XXII, 580. 

§ 593. Beaufort County — Location and Boundaries. — Beaufort County 
is boimded as follows : West and southwest by the State of Georgia, from which 
it is separated by the Savannah River ; south and southeast by the Atlantic Ocean, 
including in the County all the islands along the cost from the mouth of the Sa- 
vannah River to St. Helena Sound ; northeast . by Colleton County, from which 
it is separated by St. Helena Sound and by the Combahee and Salkehatchie 
Rivers ; and north by the centre of the track of the Savannah and Charleston 
Railroad, separating it from the County of Hampton, which was formerly a part 
of Beaufort County. 

Civ. '02, § 535; G. S. 408; R. S. 466; VII, 199, 251, 484; 1878, XVI, 375. 

§ 594. Berkeley County: — Location and Boundaries.— Berkeley County 
is bounded as follows : Eastwardly, northeastwardly and north by the Santee 
River, separating it from the Counties of Georgetown, Williamsburg and Claren- 
don ; north also by Orangeburg County ; west and northwestwardly by Dorchester 
County ; south and southwestwardly by Charleston County and Dorchester 
County ; and the said County of Berkeley shall include within its limits the whole 
of the subdivision formerly known as the Parishes of St. John's Berkeley. St. 
Stephen's. St. Thomas and St. Dennis, and parts of the subdivisions formerly 
known as St. James Goose Creek, St. James Santee, and St. Andrews : Provided, 
That the County lines of Berkeley County and of Orangeburg County are hereby 
so altered as to cut off from said Berkeley County and to transfer and annex to 
and incorporate within said Orangeburg County all of that certain territory or 
portion of Berkeley County embraced within the following lines and boundaries, 
to wit: Beginning at a point located on Four Holes Swamp at the intersection of 
the boundary lines of Orangeburg, Dorchester and Berkeley Counties, and ex- 
tending in a southeasterly direction, along Four Holes Swamp, the same being 
the boundary between Dorchester and Berkeley Counties, to a large cypress v/hich 
stands at the confluence of Four Holes and Dean Swamps, at the upper part of 
Turkey Lake ; thence up and along the run of Dean Swamp as it meanders to a 



200 CIVIL CODE [ § 595 

point where Dean Swamp and Black Creek unite ; thence up Black Creek to the 
point where Big Black Creek and Little Black Creek unite ; thence up Little 
Black Creek to the point where the "new road" crosses said Little Black Creek; 
thence northerly up the "new road" to the Alonck's Corner public road, near 
Mark Richardson's place; then north ten chains to a pine; thence north 14 de- 
grees east, thirty-eight chains to a stake; thence south 37 degrees 15 minutes 
east, forty-nine chains to stake ; thence east 9.70 chains to a stake ; thence north 
39.50 chains to a stake; thence north 87° east, thirty-four chains and ten 
links; thence north fifty-four and one-half (54^) chains to a stake; thence north 
1 degree 30 minutes west, eighteen chains and sixty links to a stake; thence north 
30 degrees west, thirty-one chains to a stake; thence north 8 degrees west, eleven 
chains to a cypress at the river road and Rock Creek Bridge ; thence northeast 
along Rock Creek to where Rock Creek empties into the Santee River ; thence up 
the Santee River to the mouth of Eutaw Creek, where the Orangeburg and 
Berkeley lines connect; thence southwest along the boundary line between 
Orangeburg and Berkeley Counties to the point of beginning. 

Civ. '02, § 536; G. S. 409; R. S. 467; 1893, XXI, 561; 1896, XXII, 309; 1897, XXIi. 
595. 

§ 595. Calhoun County — Location and Boundaries. — Calhoun County 
is bounded as follows : Starts in Lexington County on the Congaree River at a 
point where the land line between lands of C. M. Cremaretie and \'andy Speers 
strikes said river and running the land line betv/een said parties (Cremaretie is 
in and Spears out of Calhoun County) crossing the State Road on this same land 
line, continuing straight line 125 chains to a pine on the Pine Plain Road, thence 
south 21y2, west 16^2 chains to pine on same road. Then south ten, west 71 
chains to a stake on Nina Davis' land, then south 23, east on said line (Davis is 
out and Geiger in) crossing Savana Hunt Creek (Crawley out) at 45 chains to a 
pine, total distance 103 chains, then south 11 west to a dead pine on Pine Plain 
Road, distance 3 miles, south 2 east with road, 20 chains, same line 55 chains to 
Big Sandy Run near the south of Huckabass Mill, continuing to 1 mile, then 
south 56^2 west 35 chains to a pine near Pine Plain Road, south 29^^/4 west said 
road line, 23^ chains, dead pine, then south 33 west 53 chains to pine and stake 
on Rast land, then south 9^ west 11 chains pine. South 1, east straight line to 
Mrs. R. L. Baker's land line, then the said line to a corner near Camp Ground 
Road, then a straight line to Orangeburg Road near Porterfield Mill, then a di- 
rect line to the head of Branham Branch, said branch the line to Beaver Creek, 
then Orangeburg and Lexington line, southwest to the corner of Caw Caw and 
Elizabeth Townships, said line southwest to the Joe Amaker old mill on Lime 
Stone Creek, then north 45 east to Little Lime Stone, then same creek the line 
north to Poplar on Robertson Plantation Road, then south, 76° east to 
the Kennerly Road, crossing the Kennerly Road one-half mile south of Moody 
Godwin's house, continuing the same line crossing the Columbia Road nine miles 
north of Orangeburg, continuing to the Southern Railway crossing 83/2 miles 
northeast of Orangeburg Courthouse, continuing from said point on Southern 
Railway S'jA miles northeast of Orangeburg Courthouse to a point on Four Hole 
Creek marked and designated by an Ash Tree X and witnessed by ]\laple and 
Gum trees, said line having the following course: S. 49° 00' E. and being 
about 47,550 feet, thence the creek the line to the land of Jacob Riley, the said 
land line out to State Road near Fred Dantzler's, down said road to the land 
corner of Fred Dantzler's, then the Dantzler land line to point on Haigler land 
line, Haigler's land line, the line to public road. Oak X 3 X near David Smith's 
residence, said road the line to a branch southwest of T. \\ Bair's residence, then 
up said branch 40 chains to stake X 3 X then northeast across A. C. L. R. R. to 
stake 66 feet from center of track, then up the said right of way north 57^/2 
west 120 chains to stake on the Orangeburg Road 66 feet from center of A. C. 
L. R. R. track, Orangeburg Road the line to the ]\Ioncke Corner Road, then north 



§§596-597] OF SOUTH CAROLINA. 201 

7?) east passing at the north edge of the old Santee Grave Yard, continuing to a 
stake X 3 N north of C. W. Shumaker's residence, then south 67 east to a stake 
by road of Capt. George D. Rast's estate land, then north 79= and 45" east to an 
oak on the road near Trinity Graveyard then north 69 east to a stake on Two 
Chop Road by Neighborhood Road, intersecting on J. A. Johnson's land, then 
south Two Chop Road the line to little Poplar Creek, distance Z7 chains, then 
down the said creek the line to ]\IcCord"s Ferry Road, said road the line 
south 45 degrees east 209 chains to Hydrick's old mill on Big Poplar Creek, said 
creek the line to Santee River, up the Santee River to the Congaree River, up 
the Congaree River to commencement point. 

1908, XXV, 1279. 

§ 596. Charleston County — Location and Boundaries. — Charleston 
county is bounded as follows : By a line beginning at the mouth of the South 
Edisto River where it empties into the Atlantic Ocean, and following up said river 
to the Dawho River ; thence by the Dawho River to its intersection with the North 
Edisto River ; thence by the Wadmalaw River and New Cut to Stono River ; and 
thence up Stono River to Rantowle's Creek; thence up Rantowle's Creek to its 
intersection with the Colleton County line; thence along said line to the eastern 
bank of Ashley River; thence down said river to the line of Colleton County, on 
said bank; thence eastward by a direct line to the mouth of Goose Creek on the 
western bank of Cooper River; thence southwardly along the western bank of 
Cooper River to the Parish of St. Philip's ; thence down the Cooper River to the 
mouth of Wando River ; thence up said Wando River to Guerin's Creek ; thence 
up Guerin's Creek to Guerin's Bridge; thence by way of the Halfway Creek road 
across Halfway Creek to Thompson road and through Thompson road to the 
centre of Wambo Swamp ; thence through the centre of said Swamp to the head of 
Wambo Creek, and through said creek to South Santee River; thence down the 
South Santee River to the ocean to the line of the jurisdiction of the State; thence 
southwardly along the line of the jurisdiction of the State to a point opposite the 
mouth of South Edisto River ; thence in a straight line to the beginning at the 
mouth of South Edisto River. 

Civ. '02, § 537; G. S. 410; R. S. 468; 1893, XXI, 561; 1896, XXII, 310. 

§ 597. Cherokee County — Location and Boundaries. — Cherokee County 
is bounded as follows : Beginning at the mouth of Brown's Branch and running 
up branch 76.60 chains to near where G. W. Webster now lives, placing him in 
new County; thence S. 73, W. 66.23, to rock N. E. corner lot of Pacolet Alanu- 
facturing Company, at Brown's old mill; thence N. 63, W. 15.70, with line of said 
company's lot to rock; thence S. 45, N. 5.73, to maple; thence same course ^7 
links to Pacolet River ; thence with said river up stream 7.36 to stake on Pacolet ; 

thence N. 16 W., leaving H. L. C. ]\Iurphy in old County, Hammett in 

new County, Hammett school house near cross roads in old County, 

Aliss Alary Brown in new County, 509.80 chains to stake one mile east of town o.f 
Cowpens ; thence N. 24, W. 64 chains to line of Limestone Township ; thence 
west with limestone Township 80 chains to southwest corner of said Township ; 
thence N. 116.80 chains with line of Limestone Township to marked line run- 
ning N. 24 W. ; thence N. 24 W., leaving Joel Petty and Cleveland Gossett in old 
County, passing through house of J. G. Pov\-ell, leaving Andy Norton in Spartan- 
burg County, also house of Mrs. Price, placing Cash's house. 

Fate Alartin in new County, passing through the store room of Finch ]\lartin, 
but leaving his dwelling house in old County, leaving John Walker and Mrs. Cudd 
in Spartanburg County, 785.65 chains to stake on North Carolina line; thence 
with said line crossing Broad River, and continuing to corner of Cherokee Town- 
ship, in York County; thence south with east boundary of said Township to stake; 
thence west to corner of said Township on King's Creek; thence down King's 
Creek to middle of Broad River ; thence down Broad River to centre of river 



202 CIVIL CODE [ §§ 598-601 

opposite Pacolet River; thence up Pacolet River to opposite Brown's Branch, 
beginning point.^ 

Civ. '03, § 538; 1897, XXII, 588. 

§ 598. Chester County — Location and Boundaries. — Chester County 
is bounded as follows : On the north by a line beginning at a hickory tree, on 
the southwest side of the Catawba River, about ten chains above the mouth of 
Ferrill's Creek, and running (nearly south 80° west) by an old line, called and 
known by the name of the Line of the New Acquisition, to an ash and black 
gum, on the bank of Broad River, on Robert Elliott's lands ; thence down Broad 
River to the mouth of Sandy River ; thence in a direct line to the mouth of Rocky 
Creek, on the Catawba River; thence up to the Catawba River, to the place of 
beginning. 

Civ. '02, § 539; G. S. 411; R. S. 469; IV, 662; V, 317; VII, 284. 

§ 599. Chesterfield County — Location and Boundaries. — Chesterfield 
county is bounded as follows : On the north by the North Carolina line : on the 
east by Marlboro County, from which it is separated by Great Pee Dee River; 
on the south by Darlington County, from which it is divided by Cedar Creek, 
commencing at its mouth, where it enters into the Great Pee Dee, and up said 
creek to the head of the southernmost branch, and thence by a direct line (south 
51° 45' west) to the fork of Lynch's River; on the southwest by Kershaw and 
Lancaster Counties, from which it is separated by Lynch's River. 

Civ. '02, § 540; G. S. 412; R. S- 470; IV, 662; VII, 199, 261, 284; XII, 785. 

§ 600. Clarendon County — Location and Boundaries. — Clarendon 
county is bounded as follows : On the north and northwest by Sumter County, 
from which it is divided by the following lines : beginning at a corner on the east 
side of Santee River, and running thence (north 76° east) six hundred and fifty- 
four chains to a forked pine corner; thence (south 82° east) one hundred and 
four chains to a pine corner; thence north 76° east) five hundred and twenty 
chains to a post on the Vance's Ferry road; thence (north 77° east) three hun- 
dred and sixty-eight chains and fifty links to a corner in Pocotaligo River ; thence 
(north 34° east) one hundred and thirty-four chains and fifty links to a corner; 
thence (north 55° east) six hundred and fifty chains and fifty links to a corner 
in Black River; thence (north 86^/2° east) sixty-three chains to a post on the 
Salem Road; thence (north 52° east) two hundred chains to a black gum cor- 
ner; thence (north 55° east) four hundred and one chains to a pine corner; 
thence (north 58^^° east) one hundred and thirty-five chains to the eastern side 
of Dyall's Bay; thence (north 55° east) fifteen chains to Mill Bay; thence (north 
57^° east) ninety-four chains to two sweet gums; thence (north 55° east) 
forty-six chains and eighty links to Wood's Mill; thence by a straight southerly 
line to Hudson's Mill ; thence following the Centennial road in an easterly direc- 
tion until it intersects a line dividing it on the southeast from Williamsburg 
County, said line being the old District line running (south 22^2° west) until 
it intersects the Santee River three-quarters of a mile below Gaillard's Island; 
on the south and southwest by the Santee River, which divides it from Berkeley, 
Calhoun and Orangeburg Counties. 

Civ. '02, § 541; G. S. 413; R. S. 471; IV, 662; VII, 199, 261; XII, 416, 611, § 1; 1888, 
XX, 168; 1889, XX, 507, 517. 

§ 601. Colleton County — Location and Boundaries. — Colleton County 
is bounded as follows : On the northeast by Dorchester County, from which it 
is divided by the Edisto River down to Parker's Ferry, and by the public road 
running from said ferry to a public landing known as Lowndes' Landing to Ran- 
towles Creek; on the east by Charleston County; on the southwest by Hampton 

3. Under the Act creating this County, the in the new County. Riddle v. Reese, 53 S. C. 198, 
Courts of the Counties formerly embracing this 31 S. E. 222. 
territory lost jurisdiction over persons residing 



§§ 602-603 ] OF SOUTH CAROLINA. 203 

Couniy, from \\'hich it is separated by the Salkeiiatchie River, and by Beaufort 
County, from Avhich it is separated by the Salkehatchie and Combahee Rivers, 
and by St. Helena Sound ; and on the northwest by Bamberg and Orangeburg 
Counties, from which it is separated by the old district line drawm from Nelson's 
Ferry, on the Santee River, to ^Matthews" Bluff, on the Savannah River. 
Civ. '02, § 542; G. S. 414; R. S. 472; VII, 109, 284; 1897, XXII, 580, 595. 

§ 602. Darlington County — Location and Boundaries. — Darlington 
county is bounded as follows : On the southwest by Lynch's River and Lee 
County, beginning at the mouth of Little Lynch's River, thence down Lynch's 
River a distance of 3 miles near Kelley's Bridge % oi a. mile south of said bridge. 
Thence north 42 degrees east a distance of 3 miles to Ashland IMethodist Church. 
Thence north 22 degrees east crossing the Chesterfield Road between J. E. Wood- 
ham and J. AV. Gardner 2 62-100 of a mile to Stuckey's gate on the Old Stage 
Road. Thence down said road ^^ of a mile. Thence due south 2 62-100 of a 
mile to Liberty Hill Church, at the head of Sparrow Swamp. Thence down 
Sparrow Swamp to a point in the Marco Alill Pond near B. A. Howls. Thence 
in Cypress Township south 28 degrees east 1^ miles to Long Branch. Thence 
up said branch ^4 of a mile; thence south 28 degrees east lj4 miles to Screeches 
Branch; thence due south 3 miles, to the Lamar Township line; thence follow- 
ing said line to Lynch's River ; thence down said River to Sander's Bridge, thence 
by an air line running to the point where the Cheraw and Darlington Railroad 
Crosses High Hill Creek, thence down High Hill Creek to its confluence with 
Black Creek, thence up Black Creek to ^Muse's Bridge, thence following the di- 
rection of a straight line running from IMuse's Bridge to Cashua Ferry until 
Back Swamp is reached, thence down Back Swamp to Herring Creek, thence 
down said creek to its confluence with the Great Pee Dee River, thence up the 
Great Pee Dee to the mouth of Cedar Creek, thence up Cedar Creek and its south- 
ernmost branch to the head of the said branch, and thence by direct line (south 
51° 45' west) to the place of beginning. 

Civ. '02, § 543; G. S. 415; R. S. 473: IV, 662; VII, 199, 261, 284; XII, 789; 1888, 
XX, 168; 1889, XX, 507', 517. 

§ 603. Dillon County — Location and Boundaries. — Dillon County is 
bounded as follows : Beginning at the mouth of Alill Creek, where it empties 
into Big Pee Dee River, and in middle of said river at said point; thence up the 
run of said creek to the bridge on the river road to a stake X 111 N.; thence N. 
75 degrees 56 minutes E. 4,395 feet to a stake X 111 N., at the intersection of 
Gum Swamp and Cud vSwamp ; thence up the run of Cud Swamp to the public 
road leading from L. D. Haselden's to S'ellers, to a stake near bridge; thence X. 
82 degrees 47 minutes E. 3,061 feet along said road to the town limits of Sellers 
to a stake; thence N. 10 degrees 26 minutes W. 3,496.5 feet to a stake X; thence 
N. 87 degrees 43 minutes E. 2,100 feet to a stake X; thence N. 53 degrees 22 
minutes E. 1,335 feet to a stake X; thence S. 56 degrees 32 minutes E. 1,107 feet 
to a stake X; thence N. 82 degrees 30 minutes E. 11,801 feet to a stake; thence 
N. 69 degrees 40 minutes E. 5,678 feet to an iron stake west side of the Marion 
and Latta public road near David Watson's ; thence N. 88 degrees 30 minutes E. 
2,305 feet to an iron stake on the public highway leading from Latta towards 
Marion, S. C, on the old Bryant place, the said roads being the ones heretofore 
referred to in the original petition setting forth the boundary lines of the pro- 
posed new" county; thence S. 89 degrees 10 minutes E. 6,940 feet to a stake X; 
thence S. 68 degrees 27 minutes E. 4,920 feet to a stake X; thence S. 60 degrees 
10 minutes E. 20,545 feet to a stake X, at east side of railroad; thence N. 51 de- 
grees 37 minutes E. 4,242 feet to its intersection with Buck Swamip ; thence down 
the run of Buck Swamp with its various courses and distances to its junction with 
Little Pee Dee River; thence a straight line N. 48 degrees 40 minutes E. 17,300 
feet to a stake X 111 N. ; thence a straight line S. 44 degrees 48 mniutes E. 18,924 
feet to a cypress tree X 3 X. at the juncture of Ash Pole Swamp and Lum- 



204 CIVIL CODE [ §§ 604-606 

ber River; thence Lumber River the hue to the North and South CaroHna State 
line; thence the North and 'South Carolina State hne the line to the point where 
it intersects the line between Alarion and Marlboro Counties ; thence the line 
between Marion and Alarlboro Counties the line to the median line of the Great 
Pee Dee River; thence down the median line of said river to the beginning 
corner. 

1909, XXVI, 863. 

§ 604. Dorchester County — Location and Boundaries. — Dorchester 
county is comprised of all that territory formerly a portion of Colleton County 
comprised in the Townships of George, Roger, Carn, Burns, Givhans, Dor- 
chester and that part of Collins Township in said County of Colleton lying north 
of the public road leading from Parker's Ferry, upon the Edisto River, to a pub- 
lic landing known as Lowndes Landing, upon Rantowles Creek, and all that 
portion formerly of Berkeley County included within the following lines, to vv^t: 
From the intersection of the County line between Colleton and Berkeley Counties 
with the run of Four Hole Creek a straight line to a point upon Saw Mill Branch 
one mile northeast of the South Carolina and Georgia Railroad, thence along 
said branch to the Colleton County line, and thence back to the starting point 
along the line of division between Colleton and Berkeley Counties. And is 
bounded norcheast by Berkeley County, from which it is separated by the Four 
Hole Swamp from the mtersection of said swamp with the old district line 
(drawn from Nelson's Ferry, on the Santee River, to Matthews' Bluff, on Savan- 
nah River) to the intersection of the run of said swamp with the old County line 
between Colleton and Berkeley Counties; and by a straight line running thence 
to a point upon Saw ]\Iill Branch one mile northeast of the South Carolina and 
Georgia RaililDad, and thence along said branch to the old division line between 
Colleton and Berkeley Counties ; and thence by said old division line to the point 
where said line intersects the division line between Charleston and Berkeley 
Counties ; on the southeast by Charleston County, from which it is separated by 
the old division line between Charleston and Colleton Counties to Lowndes' 
Landing, on Rantowles Creek; south and southwest by Colleton County, from 
which it is separated by the public road leading from Lowndes' Landing, on 
Rantowles Creek, to Parker's Ferry, on Edisto River; and thence by the said 
river to the intersection of said river with the old district line drawn from Nel- 
son's Ferry, on Matthews' Bluff; and on the northwest by Orangeburg County, 
from which it is separated by said last mentioned district line. 

Civ. '02, § 544; 1897, XXII, 595. 

§ 605. Edgefield County — Location and Boundaries.— Edgefield County 
is bounded as follows: On the southwest by the Savannah River, by which it 
is separated from the State of Georgia; on the northwest by Abbeville County. 
from which it is separated by a line drawn from the mouth of Little River north 
34° east fourteen miles and sixty chains to a point, and thence north 40° east 
until it intersects the Greenwood County Hne; on the northeast by Greenwood 
and Saluda Counties; and on the southeast by Aiken County, from which it is 
divided by a straight line commencing at the mouth of Fox's Creek, where it 
empties into Savannah River, and running thence to where the south branch of 
Chinquepin Falls Creek (a tributary of the North Edisto River) is intersected 
by the dividing line between Lexington and Saluda Counties.-^ 

Civ. '02, § 545; G. S. 416; R. S. 474; IV, 661; VI, 463; VII, 196; XIV, 695; XXF. 
348, 604, 896. 

§ 606. Fairfield County— Location and Boundaries.— Fairfield County 
is bounded as follows : On the north by Chester County, from which it is divided 
by a line running from the mouth of Rocky Creek, on tl:e Catawba River, to the 
mouth of Sandy River, on Broad River; on the west and southwest by Broad 

4. For division line from Greenwood and Saluda see boundaries of those Counties in §§ 610 
and 625. 



§§607-608] OF SOUTH Carolina: 205 

River, by which it is separated from the Counties of Union, Newberry and Lex- 
ington ; on the south by Richland County, from which it is divided by Little River, 
from its mouth up to a point about half a mile above the plantation of Mr. Shaf- 
fer (one mile above the mouth of Shaffer's Creek), and a line running from 
thence in a direct course to the Round Top, near Dohertie's Mill ; on the east by 
the Counties of Kershaw and Lancaster, from which it is divided by a line drawn 
from the last mentioned point, Round Top (north 18° 15' east) fourteen miles 
and twenty-three chains, to the intersection of Wateree River, where Cornell's 
Creek enters it ; thence up the Wateree and Catawba Rivers as high as the mouth 
of Rocky Creek. 

Civ. '02, § 546; G. S. 417; R. S. 475; IV, 662; V, 317; VII, 199, 284. 

§ 607. Florence County — Location and Boundaries. — Florence County 
is bounded by a line, beginning at Sander's Bridge, on Lynch's River, running 
an air line to the point where the Cheraw and Darlington Railroad crosses High 
Hill Creek, thence down High Hill Creek to its confluence with Black Creek, 
thence up Black Creek to Muse's Bridge, thence follov/ing the direction of a 
straight line running from Muse's Bridge to Cashua Ferry to Black Swamp, 
thence down Black Swamp to Herring Creek, thence down said creek to its con- 
fluence with the Great Pee Dee River, thence following the said Great Pee Dee 
River down to its intersection with Lynch's River, thence following said Lynch's 
River up to a point at and above Anderson's Bridge, thence in a straight line west- 
ward to the Williamsburg and Clarendon County line, so as to embrace twenty- 
eight square miles of the territory of Williamsburg County, thence following said 
Clarendon and Williamsburg County line in a southwesterly direction to its in- 
tersection with what is known as Centennial Road, thence following said road 
in a westerly direction to Hudson's Mill, thence running in a northerly direction 
a straight line to a point on the Clarendon and Sumter County line at Wood's 
Mill, thence following the Clarendon and Sumter County line in northeasterly 
direction to Lynch's River, thence following the said Lynch's River up to San- 
der's Bridge, the beginning corner; also the following described section of Wil- 
liamsburg County, cut off from Williamsburg County, and incorporated within 
the County of Florence, to wit: All that portion of Lee and Lake Townships, 
containing nine square miles, as appears from plat made by E. J. Smith, surveyor, 
dated the 28th of November, 1903, beginning at a point one mile south of Ander- 
son's Bridge, on Lynch's River, and thence running in a westerly direction 
through portions of Lee and Lake Townships, in the said County of Williams- 
burg, to the line separating the County of Williamsburg from IMott's Township, 
in the County of Florence. 

Civ. '02, § 547; R. S. 476; 1888, XX, 168; 1889, XX, 507, 517; 1904, XXIV, 447. 

§ 608. Georgetown County — Location and Boundaries. — Georgetown 
County is bounded as follows : On the north and northeast by Marion and 
Horry Counties, from which it is separated as follows : from Marion County by 
the Great Pee Dee River, from Britton's Ferry to its junction with the Little Pee 
Dee River; from Horry County by the Great Pee Dee River, from its junction 
with the Little Pee Dee to its junction with Bull Creek, and thence by said creek 
to Waccamaw River, and thence by said river down to a point about half a m^ile 
below Prince's Creek, and thence by a line running (north 86^2° east) five miles 
and sixty-seven chains, to a cedar post on the seashore, planted at low water 
mark; on the southeast by the Atlantic Ocean, including all the island's between 
the last mentioned cedar post and the mouth of South Santee River ; on the south 
and southwest by the Counties of Charleston and Berkeley, from which it is 
separated by the South Santee and Santee Rivers as far -up as Leneud's Ferry; on 
the west and northwest by Williamsburg County, from which it is divided by the 
main road leading from Leneud's Ferry, on the Santee River, across Potato Ferry 
(on Black River), to Britton's Ferry, on the Great Pee Dee. 

Civ. '02, § 548; G. S. 418; R. S. 477; IV, 662; V, 407, 478; VII, 199, § 2. 



206 CIVIL CODE [ §§ 609-612 

§ 609. Greenville County— Location and Boundaries. Greenville 

County is bounded as follows : On the north by the Xorth Carolina line ; on the 
east and southeast by Spartanburg and Laurens Counties, from which it is di- 
vided as follows: from Spartanburg County, by a line commencing on the North 
Carolina line, at a stone marked "S. C," on the east side of Blackstock road, 
near the Tryon Mountain, and running (south 2° east) twenty-two miles and 
sixty-four chains, or until it intersects the Enoree River at Abner's ]\Iill ; thence 
down the Enoree River to a point about one mile and three-quarters below Ander- 
son's Bridge (the corner of Greenville and Laurens Counties) ; from Laurens 
County, by a line commencing at said point (opposite Zadock's Ford), and run- 
ning (south 17° west) eleven miles and sixty chains, to a point; thence (south 
4° east) three miles and forty-five chains, to a water oak, marked "L. G ;'' on 
Reedy River; thence running to the mouth of Line Creek, where it enters the 
Saluda River; on the west by Anderson and Pickens Counties from which it is 
separated by the. Saluda River. 

Civ. '02, § 549; G. S- 419; R. S. 478: VII, 245, 284. 

§ 610. Greenwood County — Location and Boundaries. — Greenwood 
County is bounded as f ollcw^s : That is to say, beginning at the middle line of. 
Saluda River at the northeast corner of Saluda County, thence along the line of 
Saluda County to its northwest 'corner on ^Mountain Creek, thence a straight line 
to_ the middle line of Shinburg Bridge on Cuffa Town Creek, thence down the 
middle line of CufTa Town Creek to its junction with Hard Labor Creek, thence 
down the middle line of Stevens's Creek to the mouth of Rocky Creek, thence up 
the middle line of Rocky Creek to the Abbeville and Edgefield County line, thence 
north 33 degrees west to mile post on public road leading from Troy to i\lcCor- 
mick near George Lebert's residence, thence north 13 degrees west to a corner post 
one hundred and fifty feet (150) south of Jordan's old mill on Long Cane Creek, 
thence northeast 50 degrees two miles and three-quarters, thence northeast 42 de- 
grees two miles, thence northeast 27 degrees 50 minutes two miles, thence north- 
east 13 degrees 20 minutes two miles, thence northwest 1 degree two miles, thence 
northwest 15 degrees 10 minutes two miles, thence northwe'st 29 degrees 20 min- 
utes two miles, thence northwest 43 degrees 35 minutes two miles, thence north- 
west 57 degrees 45 minutes, one and one-fifth miles, to post four hundred feet 
(400) north of_ Douglas's ^lill Bridge on Long Cane Creek, thence north 7 de- 
grees west to division line between Long Cane and Cokesbury Township, thence 
up said division line to its crossing of Long Cane Creek, thence up the middle line 
of Long Cane Creek to its crossing of the division line between Donald's and 
Cokesbury Townships, thence along said Cokesbury and Donald's Township di- 
vision line to the middle line of Saluda River, thence down the middle line of 
Saluda River to the northeast corner of Saluda County, the point of beginning. 
Civ. '02, § 550; 1897, XXII, 604; 1898, XXII, 897. 

§ 611. Hampton County — Location and Boundaries. — Hampton County 
is bounded as follows : On the northeast by Colleton County, from which it i.s 
separated by the Combahee and Salkehatchie Rivers ; on the northwest by Barn- 
well County; and on the south by the centre line of the track of the Savannah 
and Charleston Railroad separating it from Beaufort County, of which it was 
once a part. 

Civ. '02, § 551; G. S. 420; R. S. 479; 1878. XVI, 375. 

§ 612. Horry County — Location and Boundaries. — Horry County is 
bounded as follows: On the southeast by the Atlantic Ocean, a line of thirty- 
one miles ; on the northeast by the North Carolina line, beginning at a cedar stake 
(marked with nine notches) on the seashore of Goat Island, about one and a 
quarter miles east of the mouth of Little River, and running from thence until it 
intersects Lumber River f about five and a fourth miles to the east of Newsom's 
Ferry) ; on the west and southwest by Marion and Georgetown Counties, from 
which it is separated as follows: by Lumber River to Little Pee Dee River. 



§§613-615] OF SOUTH CAROLINA. 207 

thence by Little Pee Dee River to its junction with Great Pee Dee River, thence 
by Great Pee Dee -River to its junction with Bull Creek, thence by said creek to 
the Waccamaw River, and down this river to a point about half a mile below 
Prince's Creek ; and thence by a line running over to a cedar post on the sea- 
shore (north 86^° east) five miles and sixty-seven chains. 
Civ. '02, § 552; G. S. 421; R. S. 480; IV, 663; V, 407, 544. 

§ 613. Kershaw County — Location and Boundaries. — Kershaw County 
is bounded on the southeast by Lee and Sumter Counties, from which it is divided 
by a line beginning at Spivey's Ferry, on Lynch's River, and extending along the 
Lee County line to the point where the line between Lee County and Sumter 
County meets the line of Kershaw County, thence in a southwest direction along 
the Sumter County line to the Wateree River; on the southwest by Richland 
County, from which it is divided by a line beginning at the Wateree River, oppo- 
site to the last mentioned point, and running (south 66° west), or by Raglin's 
Creek, to Speer's Creek ; thence up Raglin's Creek to its head ; thence by a straight 
line (north 40%° west) ten miles seventeen chains; thence (north 56j4° west) 
one mile fourteen chains, to a point over Rice Creek, on Peay's plantation, nearly 
half a mile above the fork of Twenty-five Mile Creek; on the west by Fairfield 
County, from it is separated by a line drawn from the last mentioned point (north 
18%° east) twenty-three miles fourteen chains, or until it intersects the Wateree 
River, and up the said river half a mile above Peay's Ferry; on the northwest and 
north by Lancaster County, from which it is divided by the following lines : be- 
ginning at a point on Catawba River one-half mile above Peay's Ferry, thence 
north 54 E. 9 miles 62 chains to stone corner near Russell Place ; thence N. 74 E. 
1 mile 37 chains and 50 links to corner at Hammond's Springs 75 feet left ; thence 
N. 48 E. 2 miles 63 chains to stone corner near Hanging Rock Bridge ; thence south 
along the Salisbury Road 4 miles 16 chains to corner near Bethel Church ; thence 
X. 66 E. 14 miles 76 chains 16 links to Lynch's River, separating Chesterfield 
from Kershaw and Lancaster Counties ; on the northeast by Chesterfield and 
Darlington Counties, from which it is separated by Lynch's River down to the 
place of beginning. 

Civ. '02, § 553; G. S. 422; R. S. 484; V, 218; VI, 69; VII, 270, 284; IX, 386; 1892, 
XXI, 296. 

§ 614. Lancaster County — Location and Boundaries. — Lancaster 
County is bounded as follows : On the north by the North Carolina line ; on the 
west by the Catawba River and Big Sugar Creek from the point where it enters 
said river to the intersection of the North Carolina line, which separates it from 
the Counties of York, Chester, and Fairfield; on the south by Kershaw County, 
from which it is divided by the line m.entioned in the last preceding Section ; and 
on the east by Chesterfield County, from which it is separated by Lynch's River. 

Civ. '02, § 554; G. S. 423; R. S. 482; 1873, XV, 425; IV, 662; V, 218, 697; VI, 69; 
VII, 284. 

§ 615. Laurens County — Location and Boundaries. — Laurens County 
is bounded as follows : On the southwest by the Saluda River, by which it is 
separated from Abbeville and Greenwood Counties; on the northwest by Green- 
ville County, from which it is divided by a line commencing at the mouth of Line 
Creek, where it enters the Saluda River, and running five miles and forty-five 
chains to a water oak, marked "L. G.," on the Reedy River, thence (north 4 de- 
grees west) three miles and forty-five chains to a point, thence (north 17 degrees 
east) eleven miles and sixty chains, to the ford on Enoree River, opposite Zad- 
ock's Ford ; on the northeast by the Enoree River, which separates it from Spar- 
tanburg and L'nion Counties ; on the southeast by Newberry County, from which 
it is divided by the old road leading from Odel's Ford, on the Enoree River, to 
Island Ford, on the Saluda River. 

Civ. '02, § 555; G. S. 424; R. S. 483; IV, 661; V, 220, 545; VII, 284; 1898, XXII, 897. 



208 CIVIL CODE [ §§ 616-617 

§ 616. Lee County — Location and Boundaries. — Lee County is bounded 
as follows : Beginning at Field's Bridge on Lynches River, and running down 
said river a distance of 13 miles, leaving said river back of Irby Truluck's planta- 
tion and crossing Lynchburg and Lake City road between Bob Welch and Dr. 
Miller's places a course south 28 degrees west 3% miles striking new road, thence 
south 80 degrees west, 2^4 miles to the Pudding Swamp Road at T. L. Kirkpat- 
rick's. Thence south 65 degrees west, crossing Raccoon Road at Sam Wilson's 
534 miles to Scottsville. Thence from Scottsville south 76 1-3 degrees west ^. 
miles to Black River. Thence up Black River, in Sumter County, 3^ miles to 
Witherspoon Crossing. Thence south 80 degrees west to Scape o'er Swamp. 
Thence up said swamp 2 ys miles to the C, S. & X. R. R. crossing. Thence north 
80 degrees west 3 38-100 miles to Cow Pen Crossing. Thence north 62 degrees 
west 11 81-100 miles to a point in Bradley's field near the Kershaw County line. 
Thence due north 1 87-100 miles to Kershaw County line. Thence down said 
line 2 62-100 of a mile to Reynold's ]\Iill. Thence following the Three Notch 
Road in Kershaw County a distance of three miles to Antioch School House. 
Thence north 50 degrees east 1^ miles. Thence due north 1^ miles to the Cam- 
den Road. Thence following said road a distance of 4^ miles to Harrison Hall 
mill. Thence an eastern direction 1 87-100 miles to the old Georgetown Road. 
Thence up said road to near the head of Turkey Creek. Thence a north line to 
the Camden Road leading from Kelley's Bridge on Lynches River to Camden. 
Thence down said road to the Holland ditch. Thence up said ditch ^ of a 
mile to a corner of plantation of Edmond Tiller. Thence north 63 degrees east 
crossing the jMecklenburg Road near the house of Whitfield Gardner's to Lynch's 
River, south of Dr. Norwood place 3 37-100 of a mile. Thence down said river 
a distance of 3 miles near Kelley's Bridge >4 of a mile south of said bridge. 
Thence north 42 degrees east a distance of 3- miles to Ashland ]\Iethodist Church. 
Thence north 22 degrees east crossing the Chesterfield Road between J. E. Wood- 
ham and J. W. Gardner 2 62-100 of a mile to Stuckey's gate on the Old State 
Road. Thence down said road }i of a mile. Thence due south 2 62-100 of a mile 
to Liberty Hill Church, at the head of Sparrow Swamp. Thence down Sparrow 
Swamp to a point in the Marco Mill Pond near B. A. Howls. Thence in Cypress 
Township south 28 degrees east 1^ miles to Long Branch. Thence up said 
branch ji oi a mile ; thence south 28 degrees east 1 Vg miles to Screeches Branch ; 
thence due south 3 miles, to the Lamar Township line ; thence following said line 
to the beginning corner. 

1902, XXIII, 1194. 

§ 617. Lexington County — Location and Boundaries.— Lexington 

County is bovmded as follows : On the north and northeast by Fairfield and Rich- 
land Counties, from which it is separated by the Broad and Congaree Rivers : on 
the southeast by Orangeburg and Calhoun County line, from which it is divided 
by Beaver Creek ; on the southwest by Aiken County, from which it is separated 
by the north folk of Edisto River, to the mouth of the south branch of Chinquepin 
Falls Creek, and then by said creek to a point where it intersects the line drawn 
from Silver Bluff, on the Savannah River, to the mouth of Rocky Creek, on 
Saluda River ; on the northwest by Saluda and Newberry Counties, from which 
it is divided by a line drawn from 'Silver Bluff, on Savannah River, to the mouth 
of Rockv Creek, on Saluda River, and thence, on the same course, to a point 
where said line is intersected by the line of the corporate limits on the southeast- 
ern side of the town of Little Mountain, and running thence south 38 degrees east 
thirty-one chains; thence north 52 degrees east 160 chains; thence north 38 de- 
grees west 121 chains to the point of intersection of the original course of the 
straight hne from Silver Bluff to the mouth of Rocky Creek with the incorporate 
limits of the town of Little ^fountain on its northwestern side ; and thence along 
the original course of the straight line from Silver Bluff through the mouth of 
Rocky Creek, on Saluda River, to Broad River. 

Civ. '02, § 556; G. S. 125; R. S. 484; IV. 664; V. 478. 506; VI, 463; VIT, 248, § 6; 
XIV, 695; 1896, XXII, 249; 1901. XXIII, 662. 



§§618-622] OF SOUTH CAROLINA. . 209 

§ 618. Marion County — Location and Boundaries. — Marion County is 
bounded as follows : On the north by Dillon County, on the west by the Great 
Pee Dee River, thence down the Great Pee Dee River, which divides it from 
Florence, Williamsburg and Georgetown Counties, to the mouth of the Little 
Pee Dee River, thence up the Little Pee Dee and Lumber Rivers, separating it on 
the east from Plorry County, to the line of Dillon County on the Little Pee Dee 
River. 

Civ. '02, § 557; G. S. 426; R. S. 485; IV, 663; VII, 199, 284. 261; XII, 785, 835; 1888, 
XX, 168; 1889, XX, 507, 517. 

§ 619. Marlboro County — Location and Boundaries. — Marlboro County 
is bounded as follows : On the west by the Great Pee Dee River, which sepa- 
rates it from the Counties of Chesterfield, Darlington and Florence; and on the 
southeast by Dillon County, from which it is divided by a line drawn from a 
dead pine on the North Carolina line (south 22j^° west) twenty-four and three- 
fourths miles until it intersects the Great Pee Dee River. 

Civ. '02, § 558; G. S. 427; R. S. 486; IV, 662; VII, 199, 284. 

§ 620. Newberry County — Location and Boundaries. — Newberry County 
is bounded as follows : On the northwest by Laurens County, from which it is 
divided by a line beginning at the Island Ford, on Saluda River, and running 
thence along the old road to Odel's Ford, on Enoree River ; and on the north by 
a line commencing at Odel's Ford, on Enoree River, and running thence down 
Enoree to Anderson's Ford ; thence along the road to Hill's Ford, on Tyger River, 
thence down the same to the mouth, thence down Broad River to Hughey's 
Ferry, by which it is separated from Fairfield County; and on the southeast by 
Lexington County, from which it is separated by the line mentioned in Section 
617, and on the southwest by the Saluda River, by which it is separated from 
Greenwood and Saluda Counties. 

Civ. '02, § 559; G. S. 428; R. S. 487; IV, 661; VII, 199, 248, 262, 284; 1901, XXIII, 
662. 

§ 621. Oconee County — Location and Boundaries. — Oconee County is 
bounded as follows : On the north by the North Carolina line ; on the east by 
Pickens County, from which it is divided by a line covering the Southern bound- 
ary of the State of North Carolina where the Toxaway River enters this State, 
and thence down the centre of said river, by whatever names known, to Ravenel's 
Bridge, on Seneca River, and thence along the centre of the road leading to Pen- 
dleton village, until it intersects the line of the County of Anderson; on the 
south by Anderson County, from which it is divided by a line commencing at the 
mouth of Cane Creek, on Tugaloo River, and running thence along the line which 
originally separated Anderson from Pickens District to its point of intersection 
with the public road leading from Ravenel's Bridge to Pendleton village; on the 
west and northwest by the State of Georgia, from which it is separated by the 
Tugaloo and Chatooga Rivers. 

Civ. '02, § 560; G. S. 429; R. S. 488; 1875, XV, 1014; I, 196; VI, 39, 289, 341; Con.. 
Art. II, § 3. 

§ 622. Orangeburg County — Location and Boundaries. — Orangeburg 
County is bounded as follows : On the north and northeast by Calhoun and Clar- 
endon Counties, from which it is separated by the Santee River and the line of 
Calhoun County; on the southwest by Berkeley and Colleton Counties, from 
which it is divided by a line drawn (south 52° west) from Nelson's Ferry, on 
the Santee River, to Matthew's Bluff, on the Savannah River; on the southwest 
by Barnwell and Bamberg Counties, from which it is separated by the South 
Edisto River ; on the northwest by Aiken and Lexington Counties, from which it 
is divided by a direct line drawn from A. J. Weathersbee's old mill, on the line 
between Barnwell and Aiken Counties, to the point where the Cedar Pond 
Branch empties into the North Fork of the Edisto, and by another direct line, 

S C C— 14 



210 ■ CIJ^IL CODE [ §§ 623-624 

drawn from said point Avhere the Cedar Fond Branch empties into the North 
Fork of the Edisto, to the head waters of the main branch of Beaver Creek, 
thence down said creek to the hne of Calhoun County, thence along said line to 
the Santee River : Provided, That the County lines of Berkeley County and of 
Orangeburg County are hereby so altered as to cut off from said Berkeley County 
and to transfer and annex to and incorporate within said Orangeburg County all 
of that certain territory or portion of Berkeley County embraced within the fol- 
lowing lines and boundaries, to wit : Beginning at a point located on Four Holes 
Swamp at the intersection of the boundary lines of Orangeburg, Dorchester and 
Berkeley Counties, and extending in a southeasterly direction, along Four Holes 
Swamp, the same being the boundary between Dorchester and Berkeley Counties, 
to a large C3'press which stands at the confluence of Four Holes and Dean 
Swamps, at the upper part of Turkey Lake ; thence up and along the run of Dean 
Swamp as it meanders to a point where Dean Swamp and Black Creek unite; 
thence up Black Creek to the point where Big Black Creek and Little Black 
Creek unite; thence up Little Black Creek to the point where the "new road" 
crosses said Little Black Creek; thence northerly up the "new road" to the 
Monck's Corner public road, near Alark Richardson's place ; then north ten chains 
to a pine; thence north 14° east, thirty-eight chains to a stake; thence south 
37° 15 minutes east, forty-nine chains to stake; thence east 9.70 chains to a 
stake; thence north 39.50 chains to a stake; thence north 87° east, thirty-four 
chains and ten links; thence north fifty-four and one-half (54>1) chains to a 
stake ; thence north 1 ° 30 minutes west, eighteen chains and sixty links to a stake ; 
thence north 30° west, thirty-one chains to a stake ; thence north 8° west, eleven 
chains to a cypress at the river road and Rock Creek Bridge ; then northeast along 
Rock Creek to where Rock Creek empties into the Santee River ; thence up the 
Santee River to the mouth of Eutaw Creek, where the Orangeburg and Berkeley 
lines connect ; thence southwest along the boundary line between Orangeburg and 
Berkeley Counties to the point of beginning. 

Civ. '02, § 561; G. S. 430; R. S. 489; V, 407; VII, 199, 261, 284; XIV, 695. 

§ 623. Pickens County — Location and Boundaries. — Pickens County 
is bounded as follows : On the north by the North Carolina line ; on the east by 
Greenville County, from which it is separated by the Saluda River ; on the south 
by Anderson County, from which it is divided by a line beginning at the mouth 
of Cane Creek, on the Tugaloo River, and thence running to the point where 
Eighteen Alile Creek is crossed by the road leading from Pendleton to Hagood's 
Store, and thence to the mouth of George's Creek, on the Saluda River ; on the 
west by Oconee County, from which it is divided by a line leaving the south- 
ern boundary of the State of North Carolina where the Toxaway enters this 
State, and thence down the centre of said river, by whatever names known, to 
Ravenel's Bridge, on Seneca River, and thence along the centre of the road lead- 
ing to Pendleton village until it intersects the line of the County of Anderson. 

Civ. '02, § 562;' G. S. 431; R. S. 490; I, 196; VI, 39, 289, 341; VII, 252, 284; 1875, 
XV, 1014. 

§ 624. Richland County — Location and Boundaries. — Richland County 
is bounded as follows: On the east by Sumter County, from which it is sepa- 
rated by the Wateree River; on the north by Kershaw and Fairfield Counties, 
from which it is divided by a line beginning at the mouth of Raglin's C^reek, 
where it empties into the Wateree River, and thence up Raglin's Gut and Creek 
to its source, thence by a straight line (north 50° west) twelve miles and sixteen 
chains, to a point designating the corner of Kershaw and Fairfield Counties 
(which lines form the boundary of Kershaw County), thence by a straight line 
drawn (north 88' west) seventeen miles and forty chains, to the intersection of 
Little River, about one mile above the mouth of Shaver's Creek, and down said 
river to its junction with Broad River (which separates it from Fairfield); on 



§§625-628] OF SOUTH CAROLINA. - 211 

the west and south by the Counties of Lexington and Calhoun, from which it is 
separated by the Broad and Congaree Rivers. 

Civ. '02, § 563; G. S. 432; R. S. 491; IV, 662; VII, 290, § 2; V, 219, 317. 

§ 62 5. Saluda County — Location and Boundaries. — Saluda County is 
bounded by a Hne beginning at the centre of Big Saluda River at a point opposite 
the corner of Edgefield and Lexington Counties, thence the old Edgefield and 
Lexington line to the corner of Lexington and Aiken Counties, thence the oldi 
Edgefield and Aiken line to a point three miles north of where the public road 
crosses said line near Lybrand's old mill, thence a straight line to ten-mile post on 
public highway leading from Edgefield to Columbia, near the residence of ]. W. 
L. Bartley, thence a straight line to the junction of the public road leading from 
Pleasant Cross with the Long Cane Road near William Lott's, thence by the 
Long Cane Road to J\latt Mathis's Cross Roads, thence a straight line to Ovvdom's 
Postoffice, thence a straight line to Little Red Hill School House near Dr. Land- 
rum's old place, thence a straight line to a point on the northwestern line of 
Pine Grove Township, one mile north of Double Bridges, thence along the 
northwestern boundary of Pine Grove Township to the point on the old Charles- 
ton and Cambridge Road where it crosses Halfway Swamp Creek, thence down 
the middle of Halfway Swamp Creek to a point in the middle of Saluda River 
opposite the mouth of said creek, thence down the middle of Big Saluda River 
to the initial point. 

Civ. '02, § 564; 1896, XXII, 249. 

§ 626. Spartanburg County — Location and Boundaries. — Spartan- 
burg County is bounded as follows : On the north by the North Carolina line ; 
on the west by Greenville County, from which it is divided by a line commencing 
on the North Carolina line at a stone marked "S. C," on the east side of Black- 
stock's Road, near the Tryon Mountain, and running (south 2° east) twenty-two 
miles and sixty-four chains, or until it intersects the Enoree River at Abner's 
Mill on said river, thence down the Enoree River to a point about one mile and 
three-quarters below Anderson's Bridge (the corner of Greenville and Laurens 
Counties) ; on the southwest by the Enoree River, down to a dead Spanish oak 
below Head's Ford, and a little above the mouth of a small creek which divides 
it from Laurens County; on the southeast by Union County, from which it is 
divided by the following lines : beginning at the dead Spanish oak on the north 
side of Enoree River, and running (north 12° east) three miles and twenty-six 
chains, thence (north 17° east) two miles and twenty-eight chains, thence (north 
6^° east) eleven miles and fifteen chains, crossing Tyger River, to Fair Forest 
Creek, thence (north 33° 45' east) six miles and thirty-seven chains to Pacolet 
River, a little below Gist's Mill, thence along the western boundary of Cherokee 
County to the North Carolina State line. 

Civ. '02, § 565; G. S. 433; R. S. 492; IV, 661; VII, 284; 1897, XXII, 589. 

§ 627. Sumter County — Location and Boundaries. — Sumter County is 
bounded as follows : On the north by Kershaw. Lee and Florence Counties ; on 
the west and southwest by Florence County; on the southeast by Florence 
County; on the south by Clarendon County, from which it is divided by the 
northwest line of Clarendon County, mentioned in Section 600; on the west 
by the Santee River, which separates it from Richland County; on the north- 
west by Kershaw County, from which it is divided by a line running up Raglin's 
Gut to Big Swift Creek. 

Civ. '02, § 566; G. S. 434; R. S. 493; XII, 416, § 1; VII, 284; XX, 517. 

§ 628. Union County — Location and Boundaries. — Union County is 
bounded as follows : On the north by the Pacolet River, which separates it from 
Cherokee County; on the east by Broad River, which separates it from York, 
Chester and Fairfield Counties ; on the northwest by Spartanburg County, from 
which it is divided by a line, beginning at the corner of Cherokee and Union 



212 CIVIL CODE [ §§ 629-632 

Counties with Spartanburg County on the Pacolet River, and running thence 
(south 33}^° west) to the intersection of Fair Forest Creek; thence (south 6^2° 
west) across the Tyger River to Hackett's Creek; thence (south 17° west) two 
miles twenty-eight chains, to the Cross Keys Road; thence (south 12° west) to 
a dead Spanish oak on the north bank of the Enoree River, a little above ]\Ius- 
grove's Ford, opposite Gordon's JMills ; on the southwest by Laurens and New- 
berry Counties, from which it is divided by the Enoree River, down to Avery's 
Ford; thence by the road to Crenshaw's Ford, on the Tyger River; thence down 
said river to its junction with the Broad River, which forms its southeast 
boundary. 

Civ. '02, § 567; G. S. 435; R. S. 404; IV, 662; VII, 284; XXII, 588. 

§ 62 9. Williamsburg County — Location and Boundaries.— \A'illiams- 
burg County is bounded as follows : On the southwest by Berkeley County, from 
which it is separated by the Santee River ; on the northwest by Clarendon and 
Florence Counties ; and is divided from Clarendon County, and in part from Flor- 
ence County, by a line commencing at a point on Santee River, extending across 
into Berkeley County (south 22^4° west) until it intersects the line dividing St. 
John's Berkeley and St. Stephen's Parishes at the Santee River; thence (north 
22^° east) — with very little variation at Black River — to where the line of 
Florence County, running westwardly from Lynch's River, intersects said line ; 
thence easterly on Florence County to a point at and above Anderson's Bridge on 
said Lynch's River, so as to cut off twenty-eight square miles of the territory of 
AVilliamsburg County for Florence County ; thence down said Lynch's River, 
which separates it on the north from Florence County, to its confluence with the 
'Great Pee Dee River ; thence down the Great Pee Dee River, which separates it 
from Clarion County, to the road leading from Britton's and Bradley's Ferry, on 
said Great Pee Dee River, to Leneud's Ferry on the Santee River, the said road 
being the boundary line on the southeast, separating it from Georgetown County, 
except the following described section of Williamsburg County, cut off from Wil- 
liamsburg County, and incorporated within the County of Florence, to wit : All 
that portion of Lee and Lake Townships, containing nine square miles, as ap- 
pears from plat made by E. J. Smith, surveyor, dated the 28th of November, 
1903, beginning at a point one mile south of Anderson's Bridge, on Lynch's 
River, and thence running in a Vv^esterly direction through portions of Lee and 
Lake Townships, in the said County of Williamsburg, to the line separating the 
County of Williamsburg from Mott's Township, in the County of Florence. 
Civ. '02, § 568; IV, 663; V, 407; VII, 199, 261; 1888, XX, 168; 1889, XX. 507, 517. 

§ 630. York County — Location and Boundaries. — York County is 
bounded as follows: On the north by the North Carolina line; on the west by 
the eastern line of Cherokee County, mentioned in Section 597; on the south by 
Chester County, from which it is divided by a line beginning at a hickory tree, 
on the southwest side of the Catawba River, about ten chains above the mouth 
of Ferrill's Creek, and running (nearly south 88° west) by an old line called and 
known by the name of the Line of the New Acquisition, to an ash and black 
gum on the bank of Broad River, on Robert Elliott's land; on the east by the 
County of Lancaster and the North Carolina line. 

Civ. '02, § 569; G. S. 437; R. S. 496; I, 132; IV, 662; V, 318; VII, 284; XV. 425. 

§ 631. Property of County. — Real and personal estate heretofore con- 
veyed by any form of conveyance to the inhabitants of a County or District, to 
a Committee, or Commissioners, or other persons, or existing in a County or 
District for the use and benefit of a County or District, shall be deemed to be 
the property of such County; and such conveyance shall have the same force 
and eiTect as if made to such County by its corporate name. 

Civ. '02, § 570; G. S. 438; R. S. 497; 1868, XIV, 134, § 36. 

§ 632. Public Officers Having Care of Public Buildings May Insure 
the Same. — The public olBcers having by law the care and custody of town, 



§§633-636] OF SOUTH CAROLINA. .213 

village, city, or County buildings, are authorized to insure the same at the ex- 
pense and for the benefit of the town, village, city, or County owning the same.^ 
Civ. '02, § 571; G. S. 439; R. S. 498; 1868, XIV, 134, 32. 

§ 633. County Property Exempt from Levy and Sale. — All County 
poor farms, poor houses, and hospitals, courthouses, jails, and all other public' 
property of every kind or description actually used as such, are forever exempt 
from attachment, levy, and sale, on account of any judgment, lien, or claim what- 
soever against the County to which they or any of them belong. 

Civ. '02, § 572; G. S. 440; R. S. 499; 1874, XV, 686. 

§ 634. New Counties — Petition for. — Whenever two or more sections of 
an old County or Counties desire to be incorporated into a new County there 
shall be filed with the Governor a petition signed by one- third of the qualified 
electors residing within the area of each section of the old County proposed to 
be cut off to form a new County, setting forth the boundaries of the proposed 
new County, the proposed name, the number of inhabitants, the area, the taxable 
property as shown by the last tax returns, and that the proposed lines for the 
new County do not run nearer than eight miles of any Courthouse building then 
established.*^ 

Civ. '02, § 574; 1896, XXII. 64, § 1. 

§ 63 5. Petitioners to Deposit Money to Pay Cost of New Counties and 
Annexations. — Whenever a petition is filed for the formation of a new county, 
or for the annexation of any portion of one county to another, the petitioners 
shall deposit with the Clerks of Court of any county affected thereby an amount 
of money sufficient to cover expenses of survey and plats, and of the commis- 
sioners and of the election held for the purpose to determine the formation of 
a new county or for the annexation of any portion of one county to another, and 
in case the result of the election be unfavorable to the formation or the annexa- 
tion as referred to, the deposit so required and designated shall become a part 
of the funds of the county from which such new county was proposed to be 
formed, or from which such annexation to another was proposed. 

Special Tax Levied in Annexed Territory — Auditor to Levy Tax in 
New County. — In case such new county is formed or annexation is con- 
summated the county so newly created shall pay all the costs and expenses of its 
creation; and if one portion of one county is annexed to another, the county to 
which it is annexed shall levy a special tax upon all property in such annexed 
district to cover the cost of survey and transfer, or so much thereof as the 
County Board of Commissioners of the county to which annexation or addition 
is made, shall deem just and proper, and they may levy upon the property within 
the original lines of their county such tax as in their judgment shall seem just 
and fair to augment the amount raised by taxation 'within the annexed district to 
reimburse and refund those who made the deposit, as provided in this Section, for 
the costs of annexation, and in no wise shall any county which has been cut for 
the formation of a new county, or to add to the territory of another county, be 
liable for any of the costs or expenses incurred in cutting the same, or in the for- 
mation thereof. The auditor of the newly created county, after such county has 
been organized and its officers elected, shall levy a tax upon all the taxable prop- 
erty in his county sufficient to cover the 'costs and expenses of its creation. 

1911, XXVII, 155. 

§ 636. Governor's Duty When Petition for New County Is Filed to 
Refer to Commission. — Whenever a petition is presented to and filed with the 
Governor for the creation of any new County, he shall, before ordering any elec- 
tion thereon, refer the petition back to a Commission which he shall appoint, as 

5. See §§ 125-137, insurance by Sinking Fund 643, being tlie Act of 1896, XXII, 64, consid- 
Commission. . ered and construed in Segars v. Parrott, 54 S. C. 

6. The provisions of Sections 634, 640, 641, 642, 1, 31 S. E. 677. 



214 CIVIL CODE [ §§ 637-641 

provided in the next Section hereof, for investigation by the said Commission 
as to whether the requirements of the Constitution as to area, distance, wealth, 
population, etc., have been complied with.'^ 

1905, XXIV, 915, § 1. 

§ 637. Commission on Petition for New Counties. — The said Commis- 
sion shall consist of one person of discretion from each of the old Counties, who 
is opposed to the new County, if there be any opposition, and an equal number 
of citizens who favor the formation of the new County, to be taken from within 
the territory of the proposed new County. The representation of the proposedi 
new County, and the old County or Counties from which the new County is pro- 
posed to be formed, must be equal in number on this Commission. 

1905, XXIV, 915, § 2. 

§ 638. Duty of Commissioners. — Upon receiving such petition and any 
annexed exhibits, the said Commission shall appoint and contract with two com- 
petent surveyors, who shall not be residents of any County to be cut by the line 
of the proposed new County, and these two surveyors shall name and call in a 
third similarly qualified to settle any points of difference between them, that these 
shah ascertain and settle all necessary questions as to area, both of the proposed 
new County and of the old Counties, after being diminished by the new, and as 
to the distances of the lines of the proposed new County from any existing 
Courthouse; they shall also make survey of the proposed new lines and plainly 
mark the same, so as to clearly define the population and wealth taken and left, 
and so as to guide as to who can vote by reason of residence, if the election be 
finally ordered, and they shall make full return and report of their finding, with 
plots of their work, to the said Commission, who shall annex the same to the 
petition ; these surveyors shall be paid by warrant of the said Commission on the 
Treasurer of each old County involved for the pro rata of the survey made within 
the territory of each, and to this end the surveyors shall render an itemized bill 
of their work for each County to be cut by the new lines. 

1904, XXIV, 915, § 3. 

§ 639. Commission to Investigate Facts. — The said Commission, after 
the return by the surveyors has been filed with them, shall thoroughly investigate 
as to population and wealth proposed to be taken and left by the new County, 
and to that end shall have power to send for persons, papers and books giving 
statistics, and shall have the authority to administer oaths and take testimony, 
and to employ a stenographer, if deemed by themi necessary ; that they shall make 
full report to the Governor, by their finding as to the wealth and population em- 
braced within the limits of the proposed new County, and as to the wealth and 
population to be left in each old County to be cut by the new, and shall annex 
their report with proper exhibits and with any evidence on which same is based 
to the petition, and forthwith upon the completion of their investigation and re- 
port, return the petition and such finding and showing as hereinbefore provided 
for, to the Governor for his information. 

1905, XXIV, 915, § 4. 

§ 640. Election for New County — How Ordered. — A\'ithin twenty days 
after receipt of the report of the Commission the Governor shall order an election 
in the territory proposed to be cut off for the new County, to be held within 
sixty days from the date of the order. At such election the electors shall vote 
""yes" or "no" upon the question of creating, and upon the name and County 
seat of such proposed new County. 

Civ. '02, § 575; 1896, XXII, 64, § 2." 

§ 641. Election for New County- — How Conducted. — For the purposes 

7. This and the following three sections con- S. C. 331, 58 S. E. 993; Brown -■. Ansel, Gov- 
■sidered in Lamar v. Croft, 73 S. C. 407, S3 S. E. . ernor, 82 S. C. 141, 63 S. E. 449. 
540; State ex rel. Reese v. Ansel, Governor, 78 



§§ 642-645 ] OF SOUTH CAROLINA. 215 

of such election the Commissioners of Election for each old County proposed to 
be cut shall appoint three ?^Ianagers for each voting place in the area of the old 
County , proposed to be cut off, not more than two of whom shall be in favor of 
the proposed new County or against it, and shall deliver to them the books of 
registration for those voting places, which the registration officers shall turn over 
to the Commissioners on demand. Such election shall be conducted in the same 
manner as general elections in this State, and all persons entitled to vote under 
the Constitution and laws of this State at general elections shall be entitled to 
vote at such election.^ 

Civ. '02, § 576; 1896, XXII, 64, § 3. 

§ 642. Duties of Commissioners of Election for New County to Can- 
vass Returns, etc. — The Commissioners of Election for each old County pro- 
posed to be cut shall canvass the returns of the manager of each precinct in their 
County at which such election has been held, as such returns in general elections 
in this State are canvassed, and shall certify the result thereof in tabulated state- 
ment of the vote at each precinct to the Secretary of State, who shall transmit a 
tabulated statement of the vote at each precinct of an old County proposed to be 
cut off to both branches of the General Assembly at its next session. The said 
Commissioners of Election, respectively, shall have the power, and it is hereby 
made their duty as judicial officers, to decide all cases under protest or contest 
that may arise, subject to appeal to the Board of State Canvassers. The decision 
of said Commissioners of Election shall be final and conclusive evidence of the 
result of the election, unless appealed from within five days, in which case a de- 
cision of the Board of State Canvassers shall be final and conclusive evidence of 
the result of the election on all questions of fact.^ 
Civ. '02, § 577; 1899, XXIII, 77. 

§ 643. Duty of General Assembly to Create New County. — The Gen- 
eral Assembly at its next session shall create such new County if two-thirds of 
the qualified electors voting at such election shall vote in favor of the establish- 
ment of such new County, and if all the Constitutional requirements for the 
formation of new Counties have been complied with, of all of which such Gen- 
eral Assembly must judge. i*^ 

Civ. '02, § 578; 1899, XXIII, 77. 

§ 644. Election for New Counties — Time between Elections. — No 

election shall be ordered for the creation or establishment of any new County 
which shall embrace one-half or more of the area of any proposed new County 
in which an election for its creation was defeated within four years preceding 
the date of the filing of the petition for such new County. 
1908, XXV, 1080. 

§ 645. How Court House May Be Moved. — Whenever the citizens of 
any County desire to move the Court House they shall file a petition to that effect 
stating the point to which the Court House is proposed to be removed, signed by 
one-third of the qualified electors of such County, with the Governor, who shall 
within twenty days after the filing order an election in said County to be held 
within sixty days, at which election the electors shall vote for or against re- 

S. As to polling precincts. State ex rel. Par- ler z'. State Board of Canvassers, 79 S. C. 414, 

ler 7-. State Board of Canvassers, 79 S. C. 414, 60 S. E. 967. 
60 S. E. 967. _ Action of Commissioners of Election having 

As to protection of right of electors residing in power to declare result of election on formation 

territory proposed to be cut from old into new of new County is binding on I^egislature as well 

County, whose polling precincts are without pro- as others. Eraser v. James, 65 S. C. 78, 8S, 43 

posed new County, see State v. State Board of S. E. 292. 
Canvassers, 79 S. C. 414, 418, 60 S. E. 967. Decision of State Board of Canvassers, on ap- 

Conduct of elections. Parler v. Fogle, 78 S. C. peal, is not conclusive on questions of law. Par- 

570, 574. 59 S. E. 707. ler v. Fogle, 78 S. C. 570, 576, 59 S. E. 707. 

9. Under §§641 and 642 the result of the elec- jq. See Segars z: Parrott, supra. Dispensarv 

tion must be determined by the same method as j^.v in force in old County continues in force in 

m general elections. Segars v. Parrott, 54 S. C. territory taken into new Countv. Amerker v. 

nt.;.-' f k. T. J f r- T. Tavlor, 81 S. C. 163, 62 S. E. ' 7. 

Decisions of State B»ard of Canvassers. Par- , ^ 



216 CIVIL CODE [ §§ 646-647 

moval. The Commissioners of Election for such County shall appoint ^Managers 
of each precinct in the County and furnish them with the necessary boxes and 
registration books, which the officers of registration are hereby authorized to 
furnish the Commissioners. Such election shall be conducted as general elec- 
tions in this State, and all electors qualified to vote at general elections shall be 
entitled to vote thereat. The Commissioners of Election of such County shall 
receive the returns of the Managers and tabulate the vote and declare the result. 
If two-thirds of the qualified voters voting in such election vote in favor of such- 
removal, the County Board of Commissioners shall take the necessary steps to 
remove the Court House and public records of such County to the place desig- 
nated. 

Civ. '02, § 579; 1899, XXIII, 77. 

§ 646. How County Lines May Be Changed — Proviso as to Vot- 
ing Places. — Whenever the citizens of any section of one County desire 
to be incorporated within the limits of an adjoining County, they shall file a 
petition with the Governor to that effect, stating the area proposed to be cut 
off, from what County, and to what County added, and the two Counties as 
proposed to be changed would still meet all the Constitutional requirements, 
signed by one-third of the qualified electors residing in the area sought to 
be cut off. Upon the filing of said petition the same procedure shall be had 
as in the formation of new Counties as provided in Sections 634, 636, 637, 
638, 639, 640, 641, 642, and 643: Provided, When there is no established 
polling place or voting places in the area proposed to be cut off, the petitioners 
may name a voting place or places in their petition, and in such case the Gov- 
ernor shall in his order of election designate the place or places named in the pe- 
tition as the voting place or places and managers of election shall be appointed 
therefor, and all electors otherwise qualified shall be allowed to vote at such vot- 
ing place named in said order as is most convenient as legally as if their regis- 
tration certificates called for that place by name.^^ 

Civ. '02, § 580; 1899, XXIII, 77. 

§ 647. Commission to Be Appointed by Governor for Annexations. — 

Whenever a petition according to law has been presented to the Governor for 
changing the boundary line or lines between two counties whereby a portion of 
the territory of one county would be annexed to another, the Governor shall 
within thirty days thereafter appoint a commission of four discreet persons, two 
from the territory proposed to be annexed and two from the territory of the 
comity or counties affected, two of whom, if such are to be found, shall be op- 
ponents and two advocates of the proposed change of line. 
1911, XXVII, 43. 

Such commission shall have authority to contract for the survey and location 
of the proposed change of line and for such purpose to employ three competent 
disinterested surveyors, nonresidents of the counties affected, two to be selected 
by the commission, and the third by these two, and said surveyors shall clearly 
mark such line upon the land with due regard to all legal provisions and limita- ' 
tions, and certifv plats of same. 

DuTiE^s OF Commission — Change of County Linfs. — Said commission shall 
carefully investigate all facts relating 'to the areas, population and assessed prop- 
erty values of the territory severed and that remaining, the proximity of the line 
to any courthouse, the proper amount of indebtedness of the county losing area to 
be assumed by the county gaining the same, and shall report in writing to the 
Governor upon all such and other relevant matters as the Governor may direct 
for his information; and said commission shall also report to the Governor an 
itemized statement of the expense of such survey and plats. 

11. Mandamus to compel Governor to order an election refused. Brown v. .\nscl, Governor, 82 
S. C. 141, 63 S. E. 449. 



§648] OF SOUTH CAROLINA. 217 

Certified plats of such line shall be filed with the Secretary of State and the 
respective Clerks of Court of each county affected thereby, and a deposit of an 
amount of money sufficient to cover expenses of survey and plats, and other 
necessary expenses, including advertising, shall be made with the Treasurer of 
the County whose territory is reduced, by those petitioning for the change of 
line, and no election upon the question shall be ordered by the Governor until all 
such provisions are complied with. 

Compe;nsation of Commission on County Lines. — The commissioners so 
appointed by the Governor shall each be entitled as compensation for services to 
five ($5.00) dollars per day for not exceeding five days, and necessary traveling 
expenses, to be voted and paid as expense of survey. 

Upon filing of that report and certified plats as herein required, said commis- 
sioners may draw their warrant upon the County Treasurer with whom deposit 
has been made as herein required, for payment of the expenses of survey, which 
warrant shall be payable only out of such fund. 

Elections on Change of County Lines. — Upon the defeat of any proposed 
change of the boundary line of a county at any election thereon, no election upon 
the same or any modified change of such boundary line shall be held within four 
years thereafter. 

1911, XXVII, 44. 

§ 648. How Two Counties May Consolidate. — Whenever the citizens of 
two or more Counties desire to consolidate them into one they shall file a petition 
with the Governor to that effect, signed by one-third of the qualified electors re- 
siding in the Counties, and upon the filing of such petition the same proceedings 
shall be had as in the formation of new Counties provided for in Sections 634, 
635, 636, 637, 638, 639, 640, 641, 642 and 643. At the election ordered upon 
said petition the electors shall vote for or against consolidation, the name of the 
new County and the location of the County seat. 

Civ. '02 § 581. 



TITLE VI. 

OF STATE AND COUNTY OFFICERS. 

Chapter XVIIL General Provisions Relating to Public Officers, 217. 
Chapter XIX. The Executive Department and Officers Connected Therewith. 

226. 
Chapter XX. County Officers and Their Compensation, 276. 



CHAPTER XVIIL 

General Provisions Relating to Public Officers. 

ARTICI.E 1. Official oaths and bonds^ 217. 
ArticIvE 2. Sales of public offices, 223. 
Article 4. Miscellaneous provisions, 224. 



ARTICLE 1. 

Official Oaths and Bonds. 

Sec. Sec. 

649. Public officers defined — Oath. 651. Additional oaths required of County 

650. Additional oaths for Sheriffs and officers in respect to sharing 

others. property. 



218 



CIVIL CODE 



[ §§ 649-651 



Sec. 



Sec. 



652. Form of bond to be given by all 

public officers. 

653. Bonds of County Dispensers. 

654. Attorney-General may employ as- 

sistant counsel to enforce bonds. 

655. Comptroller-General to have blank 

forms of bond printed and dis- 
tributed to Counties. 

656. Clerks to receive blanks and give 

to officers. 

657. Number of sureties. 

658. By whom bonds must be exam- 

ined and approved. 

659. Who to approve form and execu- 

tion of — Where deposited. 

660. Bonds of County officers to be re- 

corded. 

661. Annual examination of — By whom 

—Bonds — Proceedings taken. 



663. County Commissioners to examine 
and report annually upon suffi- 
ciency of County officers' bonds. 

663. Bonds of public officers may be 

sued on, and certified copy 
used in evidence. 

664. Distribution of moneys derived 

from sales, etc. 

665. Surety may demand relief — New 

bond — Release of prior sureties. 

666. Duty of officer regarding new 

bond — Proceedings — Office de- 
clared vacant — Vacancy filled. 

667. Bond of surety company author- 

ized — Payable to State. 

668. Right of foreign companies to is- 

sue bonds. 

669. Certain clerks to give bond. 



§ 649. Public Officers Defined — Oath. — It shall be unlawful for any 
person to assume the duties of any public office until he has taken the oath pro- 
vided by the Constitution, and been regularly commissioned by the Governor. 
The term "public officers" shall be construed to mean all officers of the State that 
have heretofore been commissioned, and Trustees of the various colleges of the 
State, members of various State Boards, Dispensary Constables, and other per- 
sons whose duties are defined by law.^ 

1910, XXIII, 754. 

§ 650. Additional Oaths for Sheriffs and Others. — In addition to the 
oath of office now required by Article III, Section 26, of the Constitution, each 
Sheriff, Deputy Sheriff, Coroner, and their deputies, and every ]\Iagistrate and all 
Constables, shall, before they be qualified to act in their and each of their re- 
spective offices, in addition to their respective oaths of office, severally take also 
the following additional oath: "I, A. B., do solemnly swear (or affirm, as the 
case may be), that in the execution of the office to which I have been elected (or 
appointed) I will, to the best of my ability, enforce the penalties prescribed by 
law against gaming and the keeping of gaming tables, and will not fail to bring 
to justice all violations of the same that may come within my view or knowledge. 
So help me God." 

G. S. 1730; R. S. 503; 1816, VI, 27, § 3. 

All officers charged with the preservation of the peace shall also take before 
entering upon the duties of their office, the following additional oath, to be admin- 
istered in like manner as the said oath prescribed by Article III, Section 26, of 
the Constitution : "I will, to the extent of my ability, enforce the penalties pre- 
scribed by law against duelling, and will not fail to bring to justice all persons 
offending against the said laAV that may come within my view or knowledge."- 

Civ. '03, § 582; G. S. 441; R. S. 591; 1880, XVII, 502; 1894, XXI, 716. 

§ 651. Additional Oath Required of County Officers in Respect to 
Sharing Profits. — Each County officer elected or appointed, shall, before en- 
tering upon the duties of his office, in addition to the other oaths required by 
law, including the oath with regard to duelling, take the following oath : 'T, A. 
B., swear (or affirm, as the case may be), that I am under no promise, in honor 
or law, to share the profits of the office to which I have been elected (or ap- 
pointed, as the case may be), and I will not, directly or indirectly, sell or dispose 



1. Construed to mean "other persons whose 
public duties are defined by law." Sanders v. 
Belue, 78 S. C. 171, 175, 58 S. E. 762. 

This Act was omitted from the Code of 1902. 



2. State z: Messervv, 
S. E. 766. 



S. C. 503, 507, 68 



§§652-654] OF SOUTH CAROLINA. 219 

of said office or the profits thereof ; but will resign, or continue to discharge the 
duties thereof during the period fixed by law, if I so long live. So help me God." 
Civ. '02, § 583; G. S. 442; R. S. 503; 1829, VI, 384, § 4;. XVII. 502. 

§ 652. Form of Bond to Be Given by All Public Oflacers.— The bond 
given by any person elected or appointed to any office for which bond is required 
shall be of the form following: 

"State of South Carolina. 

■'Know all men by these presents, that we (here insert the names of the per- 
son and his sureties) are held and firmly bound unto the State of South Caro- 
lina, in the penal sum of (insert the amount required by law) dollars, to the 
payment of which, well and truly to be made, we bind ourselves, and each and 
every of us, our heirs, executors and administrators, firmly by these presents. 
Sealed with our seal, and dated this (insert the day) day of (insert the month) 
Anno Domini one thousand eight hundred and (insert the year) and in the (in- 
sert the year) year of the Independence of the United States of America. 

"Whereas, the above bound (insert the name of the person appointed or elected) 
hath been appointed (or elected, as the case may be), to the office of (insert the 
office). 

"Now, the condition of the above obligation is such that if the above bound 
(insert the name of the person appointed or elected) shall well and truly per- 
form the duties of said office, as now or hereafter required by law, during the 
whole period he may continue in said office, then the above obligation to be void 
and of none efifect or else to remain in full force and virtue. 

"Sealed and delivered in the presence of : 

" , (L. S.) 

"(Here place name of witness.)"^ 

Civ. '02, § 584; G. S. 443; R. S. 504; 1829, VI, 383, § 1 

§ 653. Bonds of County Dispensers. — County Dispensers shall give bond 
in the form prescribed by the preceding Section; and the obligors on the bonds 
of County Dispensers shall be liable for all attorney's fees incurred in the collec- 
tion of any shortage covered by said bonds. 

Civ. '02, § 585; 1900, XXIII, 442. 

§ 654. Attorney- General May Employ Assistant Counsel to Enforce 
Bonds. — The Attorney General is hereby authorized, in case he deems it nec- 
essary, to employ assistant counsel in all cases for the enforcement of said 
County Dispensers bonds and the collection of the penalties thereunder; the 

3. Execution of. Commissioners v. Yongue, 1 sioners v. McKie, 1 N. & McC. 575; Commis- 

Brev. 22; Commissioners v. Muse, 3 Brev. 150; sioners v. Newby, 1 McC. 184; Treasurer v. 

Comptroller v. Waring, 3 Dess. 57. lyiability on, Wiggins, 1 McC. 568; Treasurer v. Bates, 2 Bail. 

for failure of duty. Commissioners v. Moore, 2 362; lb., 1 Hill 409; Williams v. King, McM. Eq. 

Brev. 51; Treasury v. Mayrant, 2 Brev. 228; 41; Treasurers v. Oswald, 2 McM. 145; Treasurers 

Treasurers v. Moore, 1 N. & McC. 214; Treas- v. Rivers, 2 McM. 207; Treasurers v. Buckner, 2 

urer 7'. Bates, 2 Bail. 363; Treasurer v. Burch, McM. 323; Mitchell v. lyaurens, 7 Rich. 109; 

2 Hill 519; McCauley v. Heriot, Riley Eq. 19; State v. Toomer, 7 Rich. 216; Greenville County. 

Williamson v. King, McM. Eq. 41; Treasurers v. Runion, 9 S. C. 1 ; State v. Cason, 11 S. C. 

V. Oswald, 2 McM. 145; Treasurers v. Clowney, 392; Aiken County v. Murray, 35 S. C. 508, 

2 McM. 510; Treasurer v. DeSaussure, 2 Speers 14 S. E. 954. Stat. Limitations. Williamson v. 

180; Lowndes v. Pinckney, 1 Rich. Eq. 155; King, McM. Eq. 41; Treasurers v. McPherson, 

McKenna v. Secrest, 4 Strob. Eq. 160; Reynolds 2 McM. 69; Reynolds v. Timmons, 7 S. C. 486; 

V. Timmons, 7 S. C. 486; Greenville County v. State v. Lake, 30 S. C. 43, 8 S. E. 322; Strain 

Runion, 9 S. C. 1 ; State v. Baldwin, 14 S. C. v. Rabb, 30 S. C. 342, 9 S. E. 271. Judgment 

135; Tinsley v. Kirby, 17 S. C. 8; State v. on. Treasurer v. Moore, 1 N. & McC. 214; 

Moses, 18 S. C. 372; lb., 20 S. C. 470; State Treasurer v. Ross, 4 McC. 273; Treasurer v. 

V. Lake, 30 S. C. 43, 8 S. E. 322; Strain v. Burch, 2 Hill 519; Treasurer v. Munday, 3 Hill 

Rabb, 30 S. C. 342, 9 S. E. 271; State ex rel. 167; Treasurer v. Buckner, 2 McM. 323; Nor- 

Elliott V. Jeter, 59 S. C. 483, 38 S. E. 124. ton v. Mulligan, 4 Strob. 355; Mitchell v. 

Period covered by. Commissioners v. Greenwood, Laurens, 7 Rich. 109; State v. Moses, 18 S. C. 

1 DesS. 450; Commissioners v. Boquet, 1 DesS. 373. Costs. Leslie v. Taggart, 2 McM. 71; State 

599; Treasury v. Mayrant, 2 Brev. 228; Caro^ v. Wiley, 2 Strob. 113; Rowell v. Mulligan, 2 

Ima Society v. Johnson, 1 McC. 41; Treasurer v. Strob. 379; lb., 4 Strob. 349; Strain v. Rabb, 

Lang, 2 Bail. 430; Treasurer v. Harris, 1 Hill 30 S. C. 342, 9 S. E. 271. Generally. Dunlap 

282; Vaughn v. Evans, 1 Hill Ch. 414; So. Ca. v. Bynum, 4 Dess. 646; Treasurers v. Stevens, 

V. Smith, 2 Hill 589; Posey v. Ramey, 4 Strob. 2 McC. 107; Treasurers v. Ross, 4 McC. 273; 

20; Street v. Laurens, 5 Rich. Eq. 227; State Treasurers v. Burch, 2 Hill 519; McBee v. Hoke, 

V. Moses, 20 S. C. 470. Action on. Commis- 2 Speers 138; State v. Warner, 7 Rich. 225. 



220 CIVIL CODE [ §§ 655-660 

compensation of said assistant counsel shall be paid out of the sums recovered 
in such actions on such bonds. 
Civ. '02, § 586; 1900, XXJII, 442. 

§ 655. Comptroller- General to Have Blank Forms of Bonds Printed 
and Distributed to Counties. — It shall be the duty of the Comptroller Gen- 
eral to ascertain the number of officers in this State from whom bonds are re- 
, quired, and to cause an equal number of said bonds to be printed annually, at the 
expense of the State, having thereon the blank forms for the proper officers to 
■approve securities, and for probate; and to distribute to each County, annually, a 
number of said bonds equal to the number of officers from whom bonds are re- 
quired in said County respectively. 

Civ. '02, § 587; G. S. 444; R. S. 505; VI, 384, § 2. 

§ 656. Clerks to Receive Blanks and Give to Officers. — It shall be the 
duty of each Clerk to receive the bonds for his County, and to deliver one to 
each person elected or appointed to any such office, whenever called for. 

Civ. '02, § 588; G. S. 445; R. S. 506. 

§ 657. Number of Sureties. — The limit to the number of sureties allowed 
upon an official bond shall in no case be more than twenty. Each surety may 
state in writing the amount of the liability assumed by him, beyond which amount 
he shall not be held. The aggregate of the amounts assumed by all the sureties 
shall not be less than the penalty of the bond. In case of loss or default, the sure- 
ties will be entitled, as between each other, to contribution in the proportion of 
their liability. The sureties on bonds of all County officers must be citizens of 
the County in which their principal resides ; and in the case of the Sheriff, Coro- 
ner, Clerk of the Circuit Court, Judge of Probate, and County Treasurer, their 
number shall not exceed twelve or be less than two. 

. Civ. '02, § 589; G. S. 452; R. S. 507; 1866, XIII, 469; XIV, 19. 

§ 658. By Whom Bonds Must Be Examined and Approved. — The of- 
ficial bond of each officer of the Executive Department must be submitted to the 
Governor for his approval. The official bonds of all County officers must he ex- 
amined and approved or disapproved by the County Board of Commissioners, 
except their own bonds, which must be examined and approved or disapproved 
by the Clerk of the Court or the Attorney-General. In all cases in which the 
•County Board of Commissioners refuse to approve the bond of any County of- 
ficer, such officers may refer the same to the Attorney-General, and if approved 
by him, after hearing evidence, they shall be accepted by the County Board of 
Commissioners.'* 

Civ. '02, § 590; G. S. 453, 466, 611; R. S. 508; 1872, 106; 1868, XIV, 70; 1875, XV, 
986, § 3; 1893, XXI, 481. 

§ 659. Who to Approve Form and Execution of — Where Deposited. — 

The bonds of all public officers of the State shall, before they are accepted or 
recorded, be examined by the Attorney-General or by one of the Solicitors, who 
must certify in writing upon the bond that he approves the form and execution 
thereof; when so examined, approved and certified, the bonds of State, District 
or Circuit officers shall be filed with the Secretary of State, and shall be recorded 
by him, without charge in suitable books kept by him for the purpose ; and when 
so recorded shall be filed as aforesaid with the State Treasurer : Provided, That 
the bond of the State Treasurer shall be filed with the Governor. 

Civ. '02, § 591; G. S. 446; R. S. 509; 1877, XVI, 301; 1901, XXIII, 750. 

§ 660. Bonds of County Officers to Be Recorded. — Every County officer 
elected or appointed, who is required to give bonds for the faithful performance 
of the duties of his office, shall, within thirty days after notification of his election 
or appointment, have his said bond recorded in the office of the Register of 

4. State V. Yates, 3 Hill 230. 



§§661-664] OF SOUTH CAROLINA. , ' 221 

Mesne Conveyance for the County in which such officer resides, and the Regis- 
ter shall keep a separate book, properly indexed, for the purpose of recording 
such bonds, which book shall be provided by the County Commissioners ; and he 
shall be entitled to exact a fee from the public officer of one dollar for recording 
his bond. 

Such bonds when recorded shall be immediately transmitted to the Secretary 
of State, who shall file the bonds wnth the State Treasurer. 

Civ. '02, § 592; G. S- 449; R. S. 510; 1866, XIII, 382, § 4; 1901, XXIII, 749. 

§ 661. Annual Examination of — By Whom — Proceedings Taken. 

— All such official bonds shall be annually examined by a board to con- 
sist of the Secretary of State, Comptroller-General and Treasurer of the State, 
except their own bonds, which shall be annually examined by the Governor. If 
any surety on any such official bond should die, or depart permanently from the 
State, or if the said Board, or the Governor, respectively, should, at the time of 
the examination, or at any other time, be of opinion that either of the said sure- 
ties is not worth as much clear of debt as his proportion of the obligation to 
which his name is affixed, the said Board or the Governor, as the case may be, 
shall cause the said public officer whose surety has departed this life or removed 
from the State, or is objected to for insufficiency of estate, to be notified of such 
exception ; and the said officer shall, within thirty days after the service of such 
notification, procure other surety satisfactory to the said Board or the Governor, 
as the case may be, for such as have departed the State or died, but so as not to 
cancel or at all impair the original bond, or produce satisfactory evidence to the 
said Board or the Governor, as the case may be. that the surety objected to as 
owning insufficient property, as aforesaid, is worth as much as his proportion of 
the said obligation, clear of debt; or else the said officer shall procure such ad- 
ditional and sufficient surety or sureties as the said Board or the Governor, re- 
spectively, shall approve of ; and in default of compliance with either of the said 
requisitions within the said thirty days, the office of the said defaulting officer 
shall be regarded as vacant. 

Civ. '02, § 593; G. S. 447, 448; R. S. 511; 1886, XIII, 381; 1820, VI, 147, § 2. 

§ 662. County Commissioners to Examine and Report Annually upon 
SuflEiciency of County Officers' Bonds. — It shall be the duty of the County 
Commissioners in each and every County in the State to make an annual exami- 
nation into the sufficiency of all the County officers' bonds within their respective 
Counties, and within ten days thereafter report to the Comptroller-General, to 
be laid before the State Board for its action according to law, any that may. in 
their judgment, be insufficient. 

Civ. '02, § 594; R. S. 512; 1876, XVI, 699. 

§ 663. Bonds of Public Officers May Be Sued on, and Certified Copy 
Used in Evidence. — The bond of any public officer in this State may at all 
times be sued on by the public, any corporation, or private person, aggrieved by. 
any misconduct of any such public officer ; for which purpose the officer or officers, 
for the time beingj with whom such bond may be filed, or recorded upon applica- 
tion at his or their office, shall deliver to any person applying therefor and paying 
the fees for doing the same an exact and certified copy of the bond of such public 
officer there deposited, or recorded ; which cop)^ so certified shall be good and 
sufficient evidence in all suits to be instituted in any Court of this State.-"" 

Civ. '02, § 595; G. S. 450; R. S. 513; amd. 1901, XXIII, 750. 

§ 664. Distribution of Moneys Derived from Sales, etc. — Whenever 
any officer of this State, charged with the care, collection, or disbursement of 

5. Treasurer v. Witsell, 1 Speer 220; Wieters ceeds his authority, or executes it in unlawful 

■V. May, 71 S. C. 9, 13, 50 S. E. 547; Hagood manner to injury of another, his official bond is 

i\ Blythe, 37 Fed. 249. 251. liable. Waiters v. May, 71 S. C. 9, 13, SO S. 

If state constables, while attempting to execute E. 547. 
some duty under dispensary law, abuses or ex- 



222 CIJIL CODS [ §§ 665-667 

public funds, is required to give bond to the State, and a recovery is had upon 
said bond, or any moneys are seized, levied upon, or attached in his hands, or 
turned over or surrendered by such officer to the State Treasurer, upon his com- 
mitment to jail, under warrant from the State Treasurer, the moneys so recovered, 
seized, levied upon, attached, or surrendered, or turned over, shall be distributed 
between the State, County, school, or other specific funds, in proportion to the 
several amounts due by the said officer to the State, County, school, or other spe- 
cific funds, at the time of such recovery, seizure, attachment, levy, or surrender. 
The provisions of this Section shall only apply to suits, seizures, attachments, or 
levies by or surrenders to public officers, and not to suits upon the bonds of such 
officers brought by private individuals. 
Civ. '02, § 596; G. S. 451; R. S. 514. 

§ 665. Surety, May Demand Relief — New Bond — Release of Prior 
Sureties. — When any of the sureties of any officer elected or appointed to any. 
office shall, in writing, notify the proper officer, whose duty it is to approve the 
bond of such officer, that they desire to be relieved from their suretyship, it shall 
be the duty of the officer authorized by law to approve the same to require said 
officer to execute a new bond with security, which, when approved, shall be as 
valid as the bond given on the original election or appointment of such officer; 
and the sureties upon the prior bond shall be released from responsibility for all 
acts or defaults of such officer which may be done or committed subsequent to the 
approval of such new bond. 

Civ. '02, § 597; R. S. 515; 1887, XIX, 783. 

§ 666. Duty of Officer Regarding New Bond — Proceedings — Office 
Declared Vacant — Vacancy Filled. — Wlien any officer shall be required to 
execute a new bond, with security, as provided for in Section 665, he shall pro- 
ceed forthwith to execute such new bond, and submit the same for approval to 
the officer authorized by law to approve the same, and if he shall fail or neglect 
to so execute and submit such new bond, or fail or neglect to execute and sub- 
mit a bond satisfactory to the officer authorized to approve the same within thirty 
days after having been required so to do, the said officer, as the case may be, 
shall forthwith report to the Governor of the State that such officer has been 
duly required, under the provisions of Section 665, to furnish a new bond, and 
that such officer has failed so to do, and, upon being so informed, and upon re- 
ceiving a certified copy of all the papers relative to the case, it shall be the duty 
of the Governor, by public proclamation, forthwith to declare the office held by 
such defaulting officer vacant, and such officer so made vacant shall be filled in 
the manner now provided by lawS' 

Civ. '02, § 598; R. S. 516; 1887, XIX, 783. 

§ 667. Bond of Surety Company Authorized — Payable to State.— 

Any County or State officer. Trustee, Executor, Administrator, Guardian or other 
person or persons, who is now or may hereafter be required to give bond con- 
ditioned for the faithful performance of his legal duties, with sureties, inay, in 
lieu thereof, secure and furnish a bond of indemnity, or polidy of assurance or 
insurance, for the amount now or hereafter required by law for such officer or 
person, written by a company duly corporated and empowered by law to execute 
bonds or policies of suretyship and of guarantee against loss by reason of defal- 
cation, infidelity, misfeasance or malfeasance on the part of the assured : Pro- 
vided, That such bond or undertaking be approved by the head of department, 
officer. Board or body, executive, legislative or judicial, required to approve or 
accept the same. But no officer or person having the approval of any bond shall 
exact that it shall be furnished by a Guarantee Company or by any particular 
Guarantee Company: Provided, further, That said Company, unless it be in- 
corporated under the laws of this State, comply with the law regulating Foreign 

6. This remedy exclusive. Ex parte Charles, 48 S. C. 279, 26 S. E. 605. 



§§668-670] OF SOUTH CAROLINA. ' 223 

Insurance Companies. The said bond or policy shall be made payable, in case 
of loss, to the State." 

Civ. '02, § 599; R. S. 517; 1892, XXI, 76; 1894, XX, 757; 1896, XXII, 28. 

§ 668. Right of Foreign Companies to Issue Bonds. — x\ny foreign com- 
pany empowered by its home charter to issue bonds or policies or suretyship may, 
by the consent and approval of the Governor, Comptroller-General and Secretary 
of State, issue said bonds in this State : Provided^ That they comply with the 
law now of force in this State regulating foreign insurance companies, all of 
which law which is now of force is hereby made applicable to companies issuing 
bonds or policies of suretyship.^ 

Civ. '02, § 600; R. S. 518; 1894, XXI, 757. 

§ 669. Certain Clerks to Give Bond. — All persons who now hold, or who 
shall hereafter be appointed to, any of the following positions in the Departments 
of the State Government, or who shall be appointed by any of said Departments 
as Accountants to investigate and report the condition of any State or County 
officer, shall take oath of office in the usual form and the Constitutional oath, and 
give good and sufficient bond in the usual form of official bonds as prescribed by 
Statute; such bonds to be approved and filed as the bonds of other State officers, 
the bonds to be in and for the penal sums below stated : Each Clerk in office of 
Secretary of State, four thousand dollars ; each Clerk in the office of Comp- 
troller-General, five thousand dollars ; each Clerk in the State Treasurer's office, 
ten thousand dollars ; Clerk of the State Superintendent of Education, twenty- 
five hundred dollars ; Assistant Attorney-General, twenty-five hundred dollars ; 
each Clerk and Agent of Sinking Fund Commission, three thousand dollars : 
Provided, No bond shall be required of any Stenographer or Typewriter in any 
of said Departments, except in the office of State Treasurer, in which case a bond 
of twenty-five hundred dollars shall be given ; Accountant, five thousand dollars. 
Each of the persons required by this Section to give bond may procure a bond 
from a Surety Company, and in such case the premium or annual payment there- 
for shall be paid by the State Treasurer, on the warrant of the Comptroller- 
General. 
1906, XXV, 25. • - 



ARTICLE 2. 
Sale of Public Offices. 

Sec. _ Sec. 

670. The buying and selling of offices 672. Official acts performed after of- 

forbidden — Penalty. fense but before removal, valid. 

671. Sales, etc., of offices void. 673. Nepotism Forbidden. 

§ 670. The Buying and Selling of Offices Forbidden— Penalty If 

•any person or persons bargain for the purchase or sale of, or sell, any office, or 
deputation thereof, or any part of the same, or receive any money, fee, reward 
or any other profit, directly or indirectly, or take any promise, agreement, cove- 
nant, bond, or any assurance for the payment of any money, fee, reward or other 
profit, directly or indirectly, for any office or the deputation thereof, or any part 
of the same, or to the intent that any person should have, exercise or enjoy any 
office or the deputation thereof, or any part of the same, which office, or any part 
thereof, shall in any wise touch or concern the administration or execution of 

7. See article on Administration of Intestate's makes oath that she saw corporate seal of corn- 
estates for provision as to bonds in surety com- pany afifixed, and that she saw M., attorney in 
panies. _ fact of said company, sign the same, there is 
. Surety or indemnity company bond authorized presumption that execution was duly authorized, 
m civil action or special proceeding, in lieu of Mutual Life Ins. Co. v. Langley, 145 Fed. 415, 
tindertaking with sureties. See Code Civil Pro- 418. 
cedure, § 471. S. Mutual Life Ins. Co. v. Langley, 145 Fed. 

Where subscribing witness to bond for removal 415, 418. 



224 CIVIL CODE [ §§ 671-674 

justice, or the receipt, control of payment of any public treasure, money, rent, 
revenue, account, auditorship, or surveying of any public lands, or which shall 
touch or concern any clerkship to be occupied in any Court of record wherein 
justice is ministered; every such person or persons shah not only lose and forfeit 
all right and interest in or to the said office or deputation thereof, or any part of 
the same, but shall immediately, upon the payment of said fee, money, or reward, 
or upon any such promise, covenant, bond or agreement, had or made for the pay- 
ment ot such fee, sum of money or reward, be adjudged a disabled person in 
the law, to all intents and purposes, to have, occupy or enjoy the said office or 
deputation, or any part thereof, for which any such person or persons shall so 
give or pay, or make any promise, covenant, bond or other assurance to give or 
pay, any sum of money, fee, or reward. 

Civ. '02, § 601; G. S. 454; R. S. 520; 1736, III, 468, § 1. 

§ 671. Sales, etc., of Offices Void. — Every bargain, sale, promise, bond, 
agreement, covenant, and assurance, as before specified, shall be void to and 
against him and them by whom any such bargain, sale, bond, promise, covenant, 
or assurance, shall be had or made. 

Civ. '02, § 602; G. S. 555; R. S. 521; III, § 2. 

§ 672. Official Acts Performed after Offense but before Removal, 
Valid. — If any person or persons shall ofifend in anything contrary to the tenor 
and effect of the two preceding Sections of this Chapter, yet, notwithstanding, 
all judgments given, and all other act and acts executed or done by any such per- 
son or persons so offending, by authority or color of the office or deputation which 
ought to be forfeited, or not occupied, or not enjoyed by the person so offending, 
after the said offence so by such person committed or done, and before such per- 
son so offending for the same offence be removed from the exercise, administra- 
tion, and occupation of the said office or deputation, shall be and remain good and 
sufficient in law, to all intents, constructions, and purposes. 

Civ. '02, § 603; G. S. 556; R. S. 522; III, § 2. 

§ 673. Nepotism Forbidden. — It shall be unlawful for any person at the 
head of any department of this government to appoint to any office or position 
of trust or emolument under his control or management any person related or 
connected with him by consanguinity or affinity within the sixth degree. 

Civ. '02, § 604; 1896, XXII, 123. 



ARTICLE 3. 

MiscEivivANEOus Provisions. 

Sec. Sec. 

674. Officers or representatives must 679. Certificates of indebtedness can- 

turn over moneys to successors not be issued — Checks drawn 

— Time for — Penalty. only against funds. 

675. Time of commencement of term 680. When public officer entitled to 

of County officers. draw his salary. 

676. Must enter into no contract in ex- 681. Books of accounts— Copy filed 

cess of sum limited. with Supervisors — Entered in 

677. Public funds not to be diverted. book — Total receipts. 

678. Public officers absenting them- 

selves from State without leave 
of Governor. 

§ 674. Officers or Representatives Must Turn Over Moneys to Suc- 
cessors—Time for — Penalty.— It shall be the duty of every Sheriff", Judge 
of Probate, Clerk of the Court of Common Pleas, County Treasurer and any 
other vState or County officer entrusted with funds by virtue of his office, upon his 
retiring from office to turn over to his successor all moneys received by him as 
such officer, and remaining in his hands as such officer, within thirty days from 



§§675-679] OF SOUTH CAROLINA. 225 

the time when his successor shall have entered upon the duties of his office, in 
the same manner as he is required by law to turn over the furniture, books 
and papers ; and the successor shall receive and -be responsible for the moneys 
so turned over to him, in the same manner as he is liable for other moneys 
received by him officially. Upon the death of any such officer, his personal 
representative or representatives shall pay over to the successor of such de- 
ceased officer all moneys which such deceased officer had in his hands officially 
at the time of his death within two months after he, she or they have assumed 
the administration of such estate ; and upon his or their neglect or failure to do 
so, without good cause, the estate of such deceased officer and the sureties on 
his official bond shall be liable to pay to such successor the amount due, with in- 
terest at the rate of five per cent, per month thereon, after the expiration of such 
term of two months, to be recovered by action brought by such successor for the 
benefit of the parties entitled to receive such money.^ 

Civ. '02, § 605; G. S. 457; R. S. 523; 1874, XV, 674; 1885, XIX, 158; 1904, XXIV, 
375. 

§ 675. Time of Commencement of Term of County Officers. — The 

time for the commencing of the terms of office of the various County officers 
shall be the first Tuesday in January next after their- election : Provided, 
Nothing herein contained shall apply to those officers who are appointed by the 
Governor : Provided, That this Section shall not apply to elections held for an 
unexpired term of office. ^^ 
1907, XXV, 541. 

§ 676. Must Enter into No Contract in Excess of Sum Limited. — It 

shall be unlawful for any public officer. State or County, authorized by law to so 
contract, to enter into or contract, for any purpose whatsoever, in a sum in ex- 
cess of the tax levied, or the amount appropriated for the accomplishment of 
such purpose. ^^ 

Civ. '02, § 606; G. S. 458; R. S. 523; XV, 692. 

§ 677. Public Funds Not to Be Diverted. — It shall be unlawful for any 
public officer. State or County, to divert or appropriate the funds arising from any 
tax levied and collected for any one fiscal year to the payment of any indebtedness 
contracted or incurred for any previous fiscal year. 

Civ. '02, § 607; R. S. 459; R. S. 524; XV, 692. 

§ 678. Public Officers Absenting Themselves from State without 
Leave of Governor. — No State or County officer, except members of the Gen- 
•eral Assembly and the Governor, shall be absent from the State during his term 
of office for more than thirty days in any one year without special permission, to 
be granted by the Governor of the State. 

Any such officer violating the provisions hereof shall forfeit to the State, upon 
conviction, the amount of the salaries and perquisites of his office for the year 
in which said absence occurs. 

Civ. '02, § 608; G. S. 461; R. S. 526; XVI, 245. 

§ 679. Certificates of Indebtedness Cannot Be Issued— Checks 
Drawn Only against Funds.— It shall be unlawful for any State or County 
officer to issue any certificate of indebtedness. This provision shall not apply to 
the issuing of tickets to jurors or witnesses for attendance on the Circuit Courts. 

Nor shall it be lawful for any State officer to draw a warrant or check for any 

9. Master included in this section. Peake v. specific performance of contract with such funds. 
Young, 40 S. C. 41, 18 S. E. 237. Long v. Dunlap, 87 S. C. 8, 16, 68 S. E. 801. _ 

10. Master included in provisions of this sec- Action of County Board of Commissioners in 
tion. Peake v. Young, 4.0 S. C. 41, 18 S. E. 237. approving claim against County is adjudication of 

11. The trustees of Winthrop College cannot fact that contract out of which claim arose was 
contract beyond funds in hand or appropriated not in excess of tax levy for that purpose. Peo- 
or which they expected to receive from donations pie's Bank of Greenville v. Goodwin, 81 S. C. 
or bequests, and Court could decree conditional 419, 425, 62 S. E. 1100. 

S C C— 15 



226 CIJ^IL CODE [ §§ 680-681 

public debt except upon money then actually to his credit on that account in the 
hands of some bank or public officer.^^ 

Civ. '03, § 609; G. S. 462; R. S. 527; XVI, 364. 

§ 680. When Public Officer Entitled to Draw His Salary.— No exec- 
utive, judicial, or other officer, elected or appointed to any office in the State, shall 
be entitled to receive any pay or emoluments of office until he shall have been 
duly commissioned and qualified, and shall have given bond when so required 
to do by law.^^ 

Civ. "02, § 610; G. S. 582; R. S. 529; 1901, XXIII, 750, § 5. 

§ 681. Books of Accounts — Copy Filed with Supervisor — Entered in 

Book — Total Receipts Each County officer shall be required to purchase 

and keep in his office, open to public inspection during office hours, a book in 
which shall be kept an itemized account of all moneys received by or due to him, 
whether received by him or due to him as salary, fees or costs, or in any other 
manner, as pay to him for his services by virtue to his office : Provided, That 
nothing herein contained shall be construed to require any officer to demand the 
payment of his fees and costs in advance. At the close of each fiscal year each 
County officer shall transmit an itemized copy of said account, under oath, to 
the office of County Supervisor. The County Supervisor, in addition to other 
books kept in his office, shall keep a separate book in which he shall enter upon his 
books the total amount of each account so furnished, opposite the name of the 
officer furnishing the said account, and file the account in his office as other 
County records are kept: Provided, That the provisions of this Section shall 
not apply to the Counties of Sumter. Lexington and Newberry, Kershaw, Lan- 
caster, Abbeville and i^Iarlboro. 

Civ. '02, § 611, 612; 1897, XXII, 458; 1898, XXII, 742; 1902, XXIII, 1162; 1909, 
XXVI, 32. 

13. A school certificate drawn in one fiscal missioners, etc., from applying funds arising from 

year on funds of an ensuing year is void as a taxes for current year to payment of indebtedness 

certificate of indebtedness. Bank v. Shealey, 62 contracted in any previous fiscal year. State ex 

S. C. 337, 40 S. E. 674; State ex rel. People's rel. People's Bank of Greenville v. Goodwin. 81 

Bank of Greenville v. Goodwyn, 81 S. C. 421, 62 S. C. 419, 421, 62 S. E. 1100. 
S. E. 1100. ^ . ^ 13. McCoy v. Curtis, 14 S. C. 367. 

This section prohibits County Supervisors, Com- 



CHAPTER XIX. 

The Executive Department and Officers Connected Therewith. 

Article 1. General Provisions, 227. 

Article 2. The Governor and Lieutenant-Governor, 227. 

Article 3. The Secretary of State, 231. 

Article 4. The Attorney-General and Solicitors, 234. 

Article 5. Notaries Public, 237. 

Article 6. Commissioners of Deeds, 238. 

Article 7. The Comptroller-General, 239. 

Article 8. The State Treasurer, 243. 

Article 9. The State Librarian and Board of Trustees of State Library. 255. 

Article 10. The State Geologist, 256. 

Article 11. Department of Agriculture, Commerce and Industries, 257. 

Article 12. State Board of Entomology, 261. 

Article 13. Board of Pardons, 263. 

Article 14. Board of Fisheries, 264. 



§§ 682-685 ] OF SOUTH CAROLINA. ■ - 227 

Article 15. Audubon Society of South Carolina, 272. 

Article 16. Public Service Commission. 273. 

Article 17. Board for Uniformity of Legislation, 274. 

Article 18. Board for Distribution of Dead Bodies for Scientific Purposes, 274. 



ARTICLE 1. 
General Provisions. 

Sec. Sec. 

682. What officers constitute the Exec- 684. Books and stationery. 

utive_ Department. 685. State moneys to be paid into treas- 

683. Vacancies in Executive Department ury' quarterly. 

— How filled. 

§ 682. What Oflacers Constitute the Executive Department. — The Ex- 
ecutive Department of this State is hereby declared to consist of the following 
officers, that is to say: The Governor andJla^itenant-Go yern or, the Secretary of 
State, the Treasurer of the State of South Carolma, the Attorney-General and 
Solicitors, Adjutant and Insp£Ctor-General, Comptroller-General, State Superin- 
tendent of Education, Commissioner of xA.griculture, Commerce and Industries 
and the Insurance Commissioner. ^ 

Civ. '02, § 613; G. S. 464; R. S. 530; 1865, XIII, 350, § 1. 

§ 683. Vacancies in Executive Department — How Filled. — In case any 
vacancy shall occur in the office of Secretary of State, Treasurer, Comptroller- 
General, Attorney-General, Adjutant and Inspector-General, or State Su- 
perintendent of Education, by death resignation, or otherwise, such 
vacancy shall be filled by election by the General Assembly, a majority 
of the votes cast being necessary to a choice. If such vacancy occur during the re- 
cess of the General Assembly, the Governor shall fill the vacancy by appointment, 
until an election by the General Assembly at the session next ensuing such va- 
cancy. 

Civ. '02, § 614; G. S. 465; R. S. 531; 1875, XV, 935. 

§ 684. Books and Stationery. — Each officer of the Executive Depart- 
ment shall, annually, on or before the first day of October, furnish to the Comp- 
troller-General a list and description of such books and stationery, and the 
amount of postage stamps necessary for the use of his office during the current 
fiscal year. 

Civ. '02, § 615; G. S. ♦467; R. S. 532; 1878, XVI, 413. 

§ 685. State Moneys to Be Paid into Treasury Quarterly. — All moneys 
collected from any source by the Comptroller-General, Secretary af State, the 
Sinking Fund Commission or other State officer, as now or hereafter required 
by law, shall be paid into the State Treasury at least once in every quarter. 

Civ. '02, § 616; 1894, XXI, 813. 



ARTICLE 2. 
The; Govejrngr and Lie;ut^nant-Gove;rnor. 

Sec. _ stc. 

686. Time fixed for installation of Gov- 688. When Speaker of House to act as. 
^^ ernor. 689. When General Assembly elects to 

687. Vacancy m ofBce of — When Presi- fill office. 

dent of Senate to act as. 690. Term of person so elected. 

1. Title to Governor's office. Ex parte Norris, 8 S. C. 495. 



228 • CIVIL CODE [ §§ 686-691 

Sec. Sec. 

691. Executive Chamber, records, etc. — 695. Officers appointed by Governor. 

Salary. 696. Governor's authority in respect to 

692. Governor's Private Secretary; du- Asiatic cholera. 

ties of. 697. Governor may suspend sentence or 

693. Of what Boards the Governor is parole prisoner. 

ex officio a member. 698. Compensation of Lieutenant-Gov- 

694. Officers appointed by Governor by ernor. 

and with advice and consent of 
Senate. 

§ 686. Time Fixed for Installation of Governor. — The Governor shall 
be installed into office on the third Tuesday of January following his election: 
Provided, That in case the Governor is unable to be installed on the day therein 
provided, he shall be installed into office as soon thereafter as he is able. 

1911, XXVII. 142. 

§ 687. Vacancy in Office of — When President of Senate to Act as. — 

In case of the removal, death, resignation or inability of both the Governor and 
Lieutenant-Governor, the President of the Senate pro tempore shall perform 
the duties and exercise the powers of Governor until such disability shall have 
been removed, or until the next general election, when a Governor shall be elected 
by the electors duly qualified, as is prescribed by Section 2 of Article TV of the 
Constitution. 

Civ. '02, § 617; G. S. 469; R. S. 533; 1868, XIV, 101. § 1. 

§ 688. When Speaker of House to Act as. — In case of the disability, 
from whatever cause, of the Governor, Lieutenant-Governor, and the President 
of the Senate pro tempore, the Speaker of the House of Representatives shall 
perform the duties and exercise the powers of Governor, in like manner and 
upon like conditions as are prescribed by the preceding Section. 

Civ. '02, § 618; G. S. 470; R. S. 534: 1868, XIV. 102, § 2. 

§ 689. When General Assembly Elects to FiU Office. — In case of the dis- 
ability, from whatever cause, of all the officers enumerated in the two preceding 
Sections, the General Assembly, if the same shall be in session, by a joint vote, 
shall elect a person, duly qualified, to fill the office of Governor, in like manner, 
and upon the like conditions, as are prescribed by Section 687. 

Civ. '02. § 619; G. S. 471; R. S. 535; 1868, XIV, 102, § 3. 

§ 690. Term of Person So Elected. — Whenever a Governor shall be 
elected, as provided in the last Section, he shall immediately enter upon the dis- 
charge of the duties of h^"s office, and shall continue to discharge the same during 
the residue of the term. 

Civ. '02, § 620; G. S. 472; R. S. 536; 1868, XIV. 102, § 4. 

§ 691. Executive Chamber, Records, etc. — Salary. — The Governor 
shall be furnished with a suitable office, to be called the Executive Chamber, in 
which all petitions, memorials, letters, and all other official papers and documents 
addressed to or received by him shall be methodically arranged and kept, with 
proper indexes therefor. He shall keep a record in proper books of all his 
messages to the General Assembly, of all applications for pardon made to him, 
of all sue)' pardons as may have been granted by him, and of all communications 
to the General Assembly relating thereto ; of all bills presented to him in obe- 
dience to the provisions of the Constitution, and of all objections he may make 
to any of them ; of all official communications, proclamations and orders issuing 
from his office ; and of all other matters which he may think it important to pre- 
serve. He shall receive an annual salary of three thousand dollars. - 

Civ. '02, § 621; G. S. 473; R. S. 537; 1865, XIII, 350. § 2; 1893, XXI, 416. 

2. Pardoning power. State v. Fuller, 1 McC. 178; State f. Addington, 2 Bail. 516; State r. 
Barns, 32 S. C. 14. 10 S. K. 611. 



§§ 692-695] OF SOUTH CAROLIXA. 229 

§ 692. Governor's Private Secretary — Duties of Governor Or. — The 

Governor shall be allowed a Private Secretar}^, to be appointed by him, who shall 
receive an annual salary of thirteen hundred and fifty dollars, and whose duty 
it shall be, under the direction of the Governor, to keep an accurate record, un- 
der proper dates, of all transactions, opinions and other official matters and acts 
occurring during his period of office, which said record shall, under certain re- 
strictions, be open to the inspection of the members of the General Assembly. 
He shall also perform such clerical and other duties as may be required of him 
by the Governor, in connection with the duties of the office of Governor. 

Civ. '02, § 622; G. S. 474; R. S. 538; 1865, XIII, 350, § 2; 1868, XIV, 11; 1869, XIV, 
246; 1893, XXI, 416. 

§ 693. Of What Boards the Governor Is Ex OflEicio a Member.— The 

■Governor ex officio, is a member of : 

The Sinking Fund Commission. 

The Board of Directors of the State Penitentiary. 

The Board of Trustees of the South Carolina College. 

The Board of Visitors of the State Military Academy. 

The Board of Trustees of the South Carolina Industrial and Winthrop Xor- 
mal College. 

The Board of Trustees of the Colored Xormal, Industrial, Agricultural and 
]^Iechanical College of South Carolina. 

The State Board of Education, of which he is also chairman. 

The Board of Phosphate Commissioners, of which he is also Chairman.-" 

Civ. '02, § 623; G. S. 475; R. S. 539; 1870, XIV, 388; 1883, XVIII, 381; 1877, XVI. 
265; 1890, XX, 687, 688; 1843, XI, 263; 1882, XVIII, 67; 1890, XX, 691; 1896, XXIU, 
154, 174. 

§ 694. Officers Appointed by Governor by and with Advice and Con- 
sent of Senate. — The Governor, by and with the advice and consent of the 
Senate, shall appoint the following officers : 

County Auditors. 

County Treasurers. 

Magistrates. 

Masters. 

Seven members of the State Board of Education. 

Supervisors of Registration. 

'Circuit Solicitors ; when there is a vacancy in such office by reason of death, 
resignation, ceasing to reside in the Circuit, or otherwise. 

A State Geologist. 

Any vacancies which may happen in any of the said offices during the recess 
of the Senate may be filled by the Governor, who shall report the appointment 
to the Senate at its next session, and if the Senate do not advise and consent 
thereto at such session, the office shall be vacant. 

A Commissioner of Agriculture, Commerce and Industries. 

Commission on State House and Grounds. 

Chief Game \\'arden, on the recommendation of the Audubon Society of 
South Carolina. 

Public Service Commission. 

Civ. '02, § 624; G. S. 476, 477; R. S. 540; 1868, XIV, 66; 1870, XIV, 376; 1871, XIV, 
690; 1878, XVI, 571, 609, 766; 1882, XVII, 1111; 1876, XVI; 1890, XX, 697; 1901, 
XXIII, 701; 1896, XXI, 154. 

§ 695. Officers Appointed by Governor. — The following officers shall be 
appointed by the Governor : 

1. Any vacancy in an office of the Executive Department, occurring during a 
recess of the General Assembly. The term of such appointment to be until the 

3. State ex rel. Rawlinson v. Ansel, 76 S. C. 406, 57 S. E. 185, 11 Am. S: Eng. Ann. Cas. 613. 



230 CIVIL CODE [ § 695 

vacancy be filled by a general election, or by the General Assembly, in the mode 
provided by law.* 

Civ. '02, § 625; G. S. 477; R. S. 541; 1875, XV, 935. 

2. Any vacancy in a County office, by reason of death, resignation, refusal, or 
neglect to qualify, of the person elected or appointed thereto, expiration of the 
term of office, or any other cause. The person so appointed to hold his office, 
in all cases in which the office is elective, until the next general election and until 
his successor shall qualify; and in cases of offices which are originally filled by 
appointment and not by election, until the adjournment of the session of the 
General Assembly next after such vacancy has occurred. The Governor may 
remove for cause any person so appointed by him to fill such vacancy. ^ 

1878, XVI, 716. 

Four Commissioners for the South Carolina Institute for the Education of 
the Deaf, Dumb, and Blind. 
1878, XVI, 707. 

Nine Regents of the State Hospital for the Insane, one of whom shall be 
appointed from each Congressional District, and the remainder shall be residents 
of Richland County. 

1877, XVI, 249. 

Seven members of the State Board of Health, to be recommended by the 
State Medical Association. 

1878, XVI, 729. 

Seven members of the Board of Harbor Commissioners, Charleston Harbor, 
upon the recommendation of the Senator and members of the House of Repre- 
sentatives from Charleston County, or a majority of them, at least two of whom 
shall be seafaring men, and at least one of such seafaring men shall be a full 
branch pilot of the port of Charleston; and all of whom shall be residents of 
the city of Charleston. 

1900, XXIII, 417. 

Members to fill any vacancy in the Board of Directors of the State Peniten- 
tiary occurring during the recess of the General Assembly. 

1877,^XVI, 263. 

Proxies to represent the shares of the State in the Cheraw and Coalfields 
Railroad Company and in the Cheraw and Salisbury Railroad Company. 

1878, XVI, 656. 

The Chief Constable of the State, whensoever in his judgment any public 
emergency shall require it, or when necessary to the due execution of legal 
process. 

1878, XVI, 723; 1903, XXIV, 19. 

One or more Commissioners for the Catawba Indians. 
1840, XI, 147. 

One Quarantine Officer for St. Helena entrance, and one for Port Royal en- 
trance, at the Port of Beaufort, on the nomination of the Township Board of 
Health of Beaufort Township. 

1891, XX, 1252. 

One Quarantine Officer for the Port of Charleston on the nomination of the 
Board oi Health of the City of Charleston. 
1884, XVIII, 691. 

One Quarantine Officer for the Port of Georgetown upon the recommenda- 
tion of the State Board of Health. 

1884, XVIIT, 691. 

4. As to Adjutant and Inspector-General see State ex rel. Jernigan f. Stickley. 80 S. C. 70, 
I 489. 61 S. E. 211, 128 Am. St. Rep. 85o, 15 Am. & 

5. Resignation from office; when complete. Eng. Ann. Cas. 13ii. 



§§696-698] OF SOUTH CAROLINA. . 231 

As many Notaries Public throughout the State as the public good shall 
require. 

1871, XIV, 538; 1911, XXVII, 139. 

Commissioners of Deeds in the several States and Territories of the Union, 
and in the District of Columbia. 

1834, VI, 504; 1906, XXV, 126. 

Board of Pardons. 
1906, XXV, 14. 

Commission to Establish an Infirmary for Confederate Veterans. 

1908, XXV, 1074. 

Historical Commission. 

1905, XXIV, 907. 
Board of Fisheries. 

1906, XXV, 85. , 

Dispensary Auditor. 

1907, XXV, 477. 

A State Bank Examiner. 
1911, XXVI, 5. 

A Board of Commissioners for the Promotion of Uniformity of Legislation 
in the United States. 

1909, XXVI, 127. 

§ 696. Governor's Authority in Respect to Asiatic Cholera. — Full 
power and authority is given to the Governor to make, by proclamation, such 
regulations as in his opinion may be necessary to prevent the entrance of Asiatic 
cholera into this State, and the spreading thereof in this State. 

Civ. '03, § 626; G. S. 480; R. S. 543; 1865, XIII, 307. 

§ 697. Governor May Suspend Sentence or Parole Prisoner. — In 

any case that may be deemed proper by the Governor, he may suspend sentence 
or parole any prisoner upon such terms or conditions as he may deem just in 
the exercise of executive clemency. 
1909, XXVI, 121. 

§ 698. Compensation of Lieutenant-Governor. — The Lieutenant-Gov- 
ernor while presiding over the Senate, shall receive a per diem of eight dollars 
and the mileage of a member of the General Assembly. 

Civ. '02, § 627; 0. S. 481; R. S. 544; 1865, XIII, 350, § 5; 1868, XIV, 135, § 1; 1871. 
XIV, 531; Con., Art. Ill, §§ 2, 5, 6, 7, 8, 9, 13, 20; XVI, 246; 1893, XXI, 416. 



ARTICLE 3. 

Thi: Secre^tary 0^ Stats. 

Sec. Sec. 

699. Salary. 705. Deeds, etc., of railroads to be re- 

700. Office hours. corded — Good from date of rec- 

701. Penalty for false certificate as to ord. 

records. 706. Probate. 

702. Records of Superintendent of Pub- 707. Books of record — Fees for record- 

lie Works. ing — Certified copy receivable in 

703. Reports of Overseers of Poor. evidence. 

704. Ex officio Keeper of State House 708. Certified copies of pardons to be 

— Sergeant at Arms of Senate filed with Clerk of Court. 

and House in charge of re- 709. Secretary of State to report col- 

spective chambers. lections. 



22,2 CIVIL CODE [ §§ 699-704 

§ 699. Salary. — The Secretary of State shall receive an annual salary of 
nineteen hundred dollars, and the fees or perquisites of the office shall be paid 
into the Treasury of the State. The Clerk of the Secretary of State shall receive 
an annual salary of thirteen hundred and fifty dollars. 

Civ. "02, § 628; G. S. 482: R. S. 545; 1868, XIV, 382, § 1; Con., Art. IV, § 24; Art 
V, § 24; 1877, XVI, 246; 1893, XXI, 416. 

BoxD. — The Secretary of State, before entering upon the duties of his office, 
shall execute a bond, with two or more good sureties, in the penal sum of ten 
thousand dollars, for the faithful discharge of the duties of his office. 

G. S. 483; R. S. 546. 

Office: Records axd Papers — Papers of Executive Chamrer. — The Secre- 
tary of State shall, during the absence of the Governor from Columbia, be placed 
in charge of the records and papers in the Executive Chamber. He shall keep 
in Columbia all the books, records, and papers belonging thereto. He shall hold 
his office in the State House in Columbia. 

G. S. 484; R. S. 547; 1865, XIII. 350, § 4; 1786, IV, 751. § 4. 

§ 700. Office Hours. — He shall keep his office open from nine o'clock in 
the morning until three o'clock in the afternoon, every day in the year, Sundays 
and public holidays excepted. 

Civ. '02. § 629; G. S. 485; R. S. 548; 1791, V, 161, § 4. 

§ 701. Penalty for False Certificate as to Records. — If any Secretary 

of State, or his deputy, shall certify, under his hand, that no sale, conveyance, 
or mortgage of any particular goods or chattels, by any particular person is 
registered in his office, when, at the same time, there is such record, such Secre- 
tary or his deputy shall forfeit and pay to such person who made inquiry, and 
who is damaged by reason of such false certificate by him made, as aforesaid, 
all his damages and costs of suit which he shall sustain by reason of -any second 
mortgage. 

Civ. '02, § 630; G. S. 486; R. S. 549; 169S, II, 138, § 5. 

§ 702. Records of Superintendent of Public Works. — The records, 

books, and papers belonging to the office of the late Superintendent of Public 
Works, are part of the record of said office, and the Secretary of State is au- 
thorized and required, upon the application of any person interested therein, 
to give certified copies of any deed, grant or other paper belonging to the said 
office, which said copies may be used in evidence in an}- court in this State, in 
like manner as office copies of other records are now used, and he is authorized 
to charge therefor the same fees as are now allowed by law for the like service. 
Civ. '02, § 631; G. S. 487; R. S. 550; 1856, XII, 520, §§ 1, 2. 

§ 703. Reports of Overseers of Poor. — The Secretary of State shall, on 
or before the fourth Tuesday in November of each year, make out an abstract 
of the return made to him by the Overseers of the Poor of each city and County 
in the State, together with such explanatory remarks as he deems proper, and, 
through the Governor of the State, transmit the same to the Legislature. ^ 

Civ. '02, § 632; G. S. 488; R. S. 551; 1870. XIV, 372, § 14. 

§ 704. Ex Officio Keeper of State House — Sergeant-at-Arms of Sen- 
ate and House in Charge of Respective Chambers. — The Secretary of State 
is ex officio Keeper of the State House and grounds and is charged with the 
care of the entire property belonging to the State therein, and may make such 
repairs and improvements from time to time as may be necessary. He shall con- 
tract for and furnish all fuel and gas necessary for the offices of the Executive 
Department and for the General Assembly: and all shall keep an account monthly 
of the gasometers and electric meters in the State House, and audit all accour.ts 

6. As to his charge over State property, see ante, § 90, public property. 



§§705-/07] OF SOUTH CAROLINA. 233 

for furnishing gas for the use of the State House : Provided, The Sergeant-at- 
Arms of the Senate, and the Sergeant-at-Arms of the House of Representa- 
tives, shall take exclusive care and charge of the Senate Chamber and Hall of 
House of Representatives and Committee rooms, respectively, and be held re- 
sponsible for their keeping and the keeping and protection of the furniture and 
furnishing belonging to them, packing such as may need packing, and occasion- 
ally inspect and care for the same during the recess of the General Assembly, 
and i-hall receive as compensation therefor the =ame mileage and per diem for 
each day actually engaged as he receives during the sessions of the Legislature : 
Provided, He shall not be paid for more than six days during any one year. 
Civ. '02, § 633; G. S. 490; R. S. 553; 1870, XIV, 598, 413; 1903, XXIV, 633. 

§ 705. Deeds, etc., of Railroads to Be Recorded — Good from Date of 

Record. — xA.ll deeds of conveyance of railroad beds, tracks and right of way, 
cars, locomotive engines, rolling stock and other railway equipment, all leases 
and mortgages or other conditional sales of, and all other instruments in waiting 
relating to, such property in this State delivered or executed on or after the first 
day of January, 1894, shall be valid, so as to affect from the time of such de- 
livery or execution the rights of subsequent creditors or purchasers for valuable 
consideration without notice, only when recorded within forty days from the 
execution and delivery thereof in the office of the Secretary of State : Pro- 
vided, nevertheless, That the above mentioned deeds, leases, mortgages and other 
conditional sales and instruments in writing, if recorded subsequent to the ex- 
piration of said period of forty days, shall be valid to affect the rights of sub- 
sequent creditors and purchasers for valuable consideration without notice only 
from the date of such record. * 

Engines and Cars to Be Marked — Deeds,, etc., to Reeer to Marks. — 
Each and every locomotive engine, car and other railway equipment 
shall have the name of the vendor, lessor, bailor or mortgagor 
plainly marked on each side thereof, follow^ed by the word "owner," 
"lessor," "bailor," or "mortgagor," as the case may be; and each deed of con- 
veyance, lease, conditional sale and mortgage of such railroad property shall 
contain such a description thereof as will correspond to the name so marked 
thereon. 

Civ. '02, § 634; R. S. 554; 1893, XXI, 412. 

§ 706. Probate. — Before such deeds, leases, mortgages and other instru- 
ments in writing can be recorded by the Secretary of State, the execution 
thereof shall first be proved by the affidavit in writing of a subscribing witness 
to such instrument, in the same manner prescribed for the probate of deeds by 
Section 1338 of this Code in relation to the recording of deeds in the office of 
Register of Mesne Conveyances of the several Counties of this State. 

Civ. '02, § 635. 

§ 707. Books of Record — Fees for Recording — Certified Copy Receiv- 
able in Evidence. — Said conveyances, leases and mortgages and other instru- 
ments in writing shall be recorded by the Secretary of State in books to be kept 
by law for that purpose in his office, and for such recording he shall receive from 
the party offering such papers for record the same fees allow^ed by law for sim- 
ilar work to Register of Mesne Conveyances. 

A certificate or certified copy by the Secretary of State shall be competent 
evidence of such record and of the facts contained in each deed, lease and mort- 
gage or other instrument in writing so recorded and certified in all of the Courts 
of this State. 

Entry of Satiseaction — Penalty eor NegeEct. — Where any such mortgage 
so recorded shall be fully satisfied, the mortgagee shall note the same on the 
margin of the record, or declare the same to be satisfied in a separate 
instrument in writing to be recorded as above provided, under a 



234 CIVIL CODE [ §§ 708-711 

penalty of five hundred dollars, to be recovered in any Court of com- 
petent jurisdiction at the suit of the mortgagor or his assignees, or any other 
party aggrieved therebyJ 

Civ. '02, § 636. 

§ 708. Certified Copies of Pardons to Be Filed with Clerk of Court. — 
It shall be the duty of the Secretary of State immediately upon the granting 
to any person of any pardon by the Governor to transmit a certified copy of 
such pardon to the Clerk of the Circuit Court of the County in which such per- 
son was convicted, said certified copy of such pardon to be filed by such Clerk 
in his office. 

Civ. '02, § 637; 1896, XXII, 121. 

§ 709. Secretary of State to Report Collections. — The Secretary of 
State shall, on or before the tenth day of each month, make an itemized report 
in writing to the Comptroller-General of all fees and funds derived from any 
source whatsoever in connection with his office ; and shall at the same time pay 
over to the State Treasurer the amount shown by the said report to have been 
collected. 

1905, XXIV, 911. 



ARTICLE 4. 
The; Attorney-General and Solicitors. 

Sec. Sec. 

710. Salary of Attorney-General and of 722. Bond of Solicitors and vacancies. 

his assistant. 723. Duties of Solicitors relating to At- 

711. Bond. torney-General — Right to defend 

712. Shall appear for the State in the persons accused. 

Supreme Court. 724. Compensation of Circuit Solicitors 

713. May file information against per- — Payment of costs from de- 

sons who intrude on property of fendants to County Treasurer. 

State. 725. Compensation of Solicitors attend- 

714. Shall Advise Solicitors and attend ing General Assembly. 

Grand Jury. 726. Defense of persons claiming under 

715. Protect public charities and prose- State by Attorney-General or So- 

cute corporations. licitors. 

716. Shall Advise General Assembly. 727. Attorney-General and Solicitors to 

717. Shall advise the State officers. sue for penalties. 

718. Shall annually report to General 728. Attorney-General and Solicitors to 

Assembly. examine the officers of County 

719. Governor's warrant on his repre- officials. 

sentation for expenses of certain 729. Solicitors to attend Circuit Courts 

civil actions. of their respective Counties. 

720. Fees from prosecutors and appear- 730. Solicitors to furnish report to 

ance in civil cause with facts Comptroller. 

denied prosecuting officers. 731. Solicitors to furnish duplicate re- 

721. Attorney-General to account to turns to Comptroller. 

the Treasurer. 

§ 710. Salary of Attorney- General and of His Assistant. — The Attor- 
ney-General shall receive a salary at the rate of nineteen hundred dollars per 
annum; and the Assistant Attorney-General, who shall be appointed by the 
Attorney-General, shall receive a salary of thirteen hundred and fifty dollars per 
annum. 

Civ. '02, § 638; G. S. 495; R. S. 555; 1877, XVI, 247; 18S0, XVII, 372. 

§ 711. Bond. — Before entering upon the duties of his of^ce, the Attorney- 
General shall execute a bond, with two good sureties, to the State of South 
Carolina, in the sum of ten thousand dollars, for the faithful discharge of his 
office. 

Civ. '02, § 639; G. S. 496; R. S. 556; 1812, V, 675. 

7. See provisions aS to recording railroad mortgages under law as to railroads. 



§§712-719] OF SOUTH CAROLINA. 235 

§ 712, Shall Appear for the State in the Supreme Court. — He shall 
appear for the State in the Supreme Court m the trial and argument in said 
Court of all causes, criminal and civil, in which the State is a party or inter- 
ested, and in such causes in any court or tribunal, when required by the Gov- 
ernor or either branch of the General Assembly. 

Civ. '02, § 640; G. S. 497; R. S. 557; 1868, XIV, 88, § 2. 

§ 713. May File Information Against Persons Who Intrude on Prop- 
erty of State. — He may, when, in his judgment, the interest of the State re- 
quires it, file and prosecute informations or other process against persons who 
intrude upon the lands, rights, or property of the State, or commit or erect any 
nuisance thereon.^ 

Civ. '02, § 641; G. S. 498; R. S. 558; 1868, XIV, 88, § 3. 

§ 714. Shall Advise Solicitors and Attend Grand Jury. — He shall con- 
sult with and advise the Solicitors in matters relating to the duties of their offices; 
and when, in his judgment, the interest of the State requires it, shall assist them 
by attending the Grand Jury in the examination of any case in which the party 
accused is charged with a capital ofi'ence ; and when, in his judgment, the in- 
terest of the State requires it, he shall be present at the trial of any cause in 
which the State is a party or interested, and, when so present, shall have the 
direction and management of such prosecutions and suits. ^*^ 

Civ. '02, § 642; G. S. 499; R. S. 559; 1868, XIV, 88, § 4. 

§ 715, Protect Public Charities and Prosecute Corporations. — -He 

shall enforce the due application of funds given or appropriated to public 
charities within the State, prevent breaches of trust in the administration thereof, 
and, when necessary, shall prosecute corporations which fail to make to the 
General x'Vssembly the return required by law. 

Civ. '02, § 643; G. S. 500; R. S. 560; 1868, XIV, 88, § 5. 

§ 716. Shall Advise General Assembly. — He shall, when required by 
either branch of the General Assembly, attend during their sessions, and give 
his aid and advice in the arrangement and preparation of legislative documents 
and business, and shall give his opinion upon questions of law submitted to him 
by either branch thereof, or by the Governor. 

Civ. '02, § 644; G. S. 501; R. S. 561; 1868, XIV, 88, § 6. 

§ 717. Shall Advise the State Officers. — He shall, when required by the 
Secretary of State, Treasurer, Adjutant and Inspector-General, the Comptroller- 
General, Railroad Commissioner, or other State officer, consult and advise with 
them, respectively, on questions of law relating to their official business. 
Civ. '02, § 645; G. S. 502; R. S. 562; 1868, XIV, 88, § 7; 1890, XX, 705. 

§ 718. Shall Annually Report to General Assembly.- — He shall an- 
nually make a report to the General Assembly of the cases argued, tried, or con- 
ducted by him in the Supreme Court and Circuit Courts during the preceding, 
year; with such other information in relation to the criminal laws, and such ob- 
servations and statements, as, in his opinion, the criminal jurisdiction and the 
proper and economical administration of the criminal law warrant and require. 

Civ. '02, § 646; G. S. 503; R. S. 563; 1868, XIV, 89, § 8. 

§ 719. Governor's Warrant on His Representation for Expenses of 
Certain Civil Actions. — On his representation, the Governor may draw his 
warrant on the Treasury to an amount not exceeding three hundred dollars in 
one year, for the contingent expenses of civil actions in which the State is a 

9. State -'. Columbia Water Power Co., 82 S. across navigable waters. State ex rel. Lyon v. 

C. 192, 63 S. E. 884, 129 Am. St. Rep. 876, 17 Columbia Water Power Co., 82 S. C. 181, 192, 

Am. & Eng. Ann. Cas. 343, 22 t,. R. A., N. S., 63 S. E. 884, 129 Am. St. Rep. 876, 17 Am. & 

43Sn. Eng. Ann. Cas. 343, 22 E. R. A., N. S., 43Sn. 

Attorney-General has authority to institute ac- lO. Commissioner f. Rose, 1 DeS. 461 ; Ex 

tion to enjoin placing of permanent obstructions parte Dunn. z'. R. R. Co., 8 S. C. 207. 



236 CIVIL CODE [ §§ 720-725 

party or has an interest, for which sum he shall, annually, in October, account 
to the Governor; and he shall state the amount so expended in his annual re- 
port to the General Assembly. 

Civ. '02, § 647; G. S. 504; R. S. 564; 1868, XIV, 88, § 9. ' 

§ 720. Fees from Prosecutors and Appearance in Civil Cause with 
Facts Denied Prosecuting Officers. — No prosecuting officer shall receive any 
fee or reward from, or in behalf of, a prosecutor, for services in any prosecu- 
tion or business to which it is his official business to attend, nor be concerned as 
counsel or attorney for either party in a civil action depending upon the same 
state of facts. 

Civ. '02, § 648; G. S. 505; R. S. 565; 1868, XIV, 88, § 10. 

§ 721. Attorney- General to Account to the Treasurer. — The Attorney- 
General shall account with the Treasurer of the State for all fees, bills of cost 
and moneys received by him by virtue of his office. 

Civ. '02, § 649; G. S. 506; R. S. 566; 1868, XIV, 89, § 11. 

§ 722. Bond of Solicitors and Vacancies The Solicitors, before enter- 

mg upon the duties of their offices, shall, respectively, give bond, with two good 
sureties, to the State of South Carolina, in the penal sum of five thousand 
dollars, for the faithful discharge of the duties of their respective offices. 

In case any Circuit Solicitor shall cease to reside in his circuit, his office shall 
become vacant. In case any vacancy shall occur in such office by death, resig- 
nation or otherwise, the vacancy thereby created shall be filled by the Governor, 
by and with the advice and consent of the Senate. The Judge residing in the 
Circuit of the Solicitor, whose office shall thus become vacant, shah certify such 
vacancy to the Governor. ^^ 

Civ. '02, § 650; G. S. 515; R. S. 567; 1812, V, 675, § 3; 1876, XVI, 152. 

§ 723. Duties of Solicitors Relating to Attorney- General — Right to. 
Defend Persons Accused. — Solicitors shall do the duty of the Attorney-Gen- 
eral, and give their counsel and advice to the Governor and other State officers, 
in matters or public concern, whenever they shall be, by them, required to do 
so, and assist the Attorney-General, or each other, in all suits of prosecution in 
behalf of this State, when directed so to do by the Governor, or called upon by 
the Attorney-General. They may defend any person brought to trial before an}^ 
criminal court of this State, when their duty shall not require them to prosecute 
such persons, or their assistance be not required against such person by the 
Governor or Attorney-General. 

Civ. '02, § 651; G. S. 511; R. S. 568, 573; 1791, VII, 274, §§ 10, 11. 

§ 724. Compensation of Circuit Solicitors— Payment of Costs from 
Defendants to County Treasurer. — The Circuit Solicitors of the various Ju- 
dicial Circuits of this State shall each receive an annual salary of seventeen 
hundred dollars ($1,700.00), payable monthly; such salaries to be in lieu of all 
charges against the State and the Counties. All costs from defendants shall be 
paid over by the Solicitor to the County Treasurer for the use of the State. 

*1906, XXV, 120; 1877, XVI, 246; 1893, XXI, 417. 

§ 725. Compensation of Solicitors Attending General Assembly. — 

Whilst in attendance upon the sessions of the General Assembly, Solicitors shall 
receive as compensation the sum of five dollars per day ^ for each day of actual 
attendance, and mileage at the rate of ten cents per mile one way, for necessary 
travel in the discharge of their official duties, the same to be paid upon the cer- 
tificate of the Solicitors as to number of days in attendance, and actual neces- 
sary miles traveled, said certificate to be approved for payment by the Attorney- 
General of the State. 
1910, XXVI, 755. 

11, Tenure of office. State z: Jeter, 1 McC. 233; State v. Butz, 9 S. C. 156. 



§§726-731] OF SOUTH CAROLINA. . 237 

§ 726. Defense of Persons Claiming under State by Attorney- General 
or Solicitors. — In all cases wherein the right of the State may be involved, it 
shall be the duty of the persons claiming under the State to call on the Attorney- 
General, or Solicitors, in their respective districts, to defend the right of the 
State ; on failure whereof, the record of such case shall not be adduced as evi- 
dence to substantiate any claim against the State. 

Civ. '02, § 653; G. S. 507; R. S. 569; 1808, V, 571, § 5. 

§ 727. Attorney- General and Solicitors to Sue for Penalties. — It shall 
be the duty of the Attorney-General and Solicitors to sue for the penalties in- 
curred by any public officer or board of public officers. i- 

Civ. '02, § 653; G. S. 508; R. S. 570; 1813, V, 709, § 23; 1814, V, 733, § 25; 1815, VI, 
9, § 10; 1844, XI, 295, § 4. 

§ 728. Attorney- General and Solicitors to Examine the Offices of 
County Officers. — The Attorney-General and Solicitors are required, annually, 
at such times as they may deem expedient, to examine into the condition of the 
offices of the Clerk of the Court of Common Pleas and General Sessions, of 
Sheriff, and Register of Mesne Conveyances, in their respective Counties, and 
to ascertain if the said officers have discharged the duties which now are, or shall 
be, required of them ; and they shall make a report of the condition of the said 
offices, and of the manner in which said officers have discharged their duties, 
to the Circuit Court in each County, respectively, at the fall term in each year, 
and also to the General Assembly at its annual session. 

Civ. '02, § 654; G: S. 509; R. S. 571; 1837, VI, 577, § 2. ■ 

§ 729. Solicitors to Attend Circuit Courts of Their Respective Coun- 
ties. — The Solicitors shall attend the Courts of General Sessions and Common 
Pleas for their respective Circuits. ^^ 

Civ. '02, § 655; G. S. 510; R. S. 572; 1842, XI, 222, § 4; Con., Art., § 25. 

§ 730. Solicitors to Furnish Report to Comptroller. — It shall be the 
duty of the Solicitors, on the last day of October, in every year, to furnish the 
Comptroller-General with a statement of all debts due to the State in their 
several possessions, showing the names of the debtors, the amount of debts, 
the interest, the payments made, and the balance due to the State ; and if any 
of said officers fail to furnish the Comptroller-General with such statement, he 
shall forfeit and pay the sum of two hundred dollars, to be recovered by action 
in any court of law in this State having competent jurisdiction. 

Civ. '02, § 656; G. S. 512; R. S. 574; 1818, VI, 108, § 11. 

§ 731. Solicitors to Furnish Duplicate Returns to Comptroller. — It 

shall be the duty of the Circuit Solicitors, in making their returns to the Comp- 
troller-General, as by law directed, to make out and deliver to him, at the same 
time, fair duplicates thereof. 

Civ. '02, § 657; G. S. 513; R. S. 574; 1819, VI, 139, § 14. 



ARTICLE 5. 

Notaries Public. 

Sec. Sec. 

732. Governor appoints Notaries Pub- 736. Powers. 

lie — Term of office — Jurisdiction. 737. No jurisdiction in criminal cases. 

733. Oath. _ 738. Endorsement. 

734. Enrollment of commission. 739. Fees. 

735. Seal of office. 

12. For authority to employ assistant counsel in N. & McC. SS3; State v. Addison, 2 S. C. 365; 
actions on Dispensers' bonds, see ante, § 659. State v. Coleman, 8 S. C. 237; State v. McNinch, 

13. Duties in Court. State v. Barrantine, 2 12 S. C. 95. 



238 CIJ'IL CODE [ §§ 732-740 

§ 732. Governor Appoints Notaries Public — Term of Office — Juris- 
diction. — The Governor is authorized to appoint as many Notaries Public 
throughout the State as the pubHc good shall require, to hold their offices dur- 
ing the pleasure of the Governor, and whose jurisdiction shall extend through- 
out the State. 

Civ. '02, § 662: G. S. 520; R. S. 578; 1871. XIV. 538, § 1; 1911. XXVII, 139. 

§ 733. Oath. — Every Xotary Public shall take the oath of office prescribed 
by the Constitution and the oath with respect to duelling, certified copies of 
which oaths shall be recorded in the office of the Secretar}- of State. 

Civ. '02, § 663; G. S. 521; R. S. 579; 1871. XIV, 538, § 2; 1911, XXVII. 139. 

§ 734. Enrollment of Commission. — Every Xotary Public shall, within 
fifteen days after he has been commissioned, exhibit his commission to the 
Clerk of the Court of the county in which he resides and be enrolled by said 
Clerk as now required by law in case of ^Magistrates. 

1911. XXVII. 139. 

§ 73 5. Seal of Office.— He shall have a seal of office, which shall be af- 
fixed to his instruments of publication and to his protestations: but the absence 
of such seal shall not render his acts invalid, provided his official title be affixed. 
Civ. '02, § 664; G. S. 522: R. S. 580; 1871, XIV, 538. § 3; 1911, XXVII, 139. 

§ 736. Powers. — He shall have power to administer oaths, take deposi- 
tions and affidavits, protests for nonpayment of bonds, notes, drafts and bills 
of exchange, take acknowledgments and proofs of deeds and other instruments 
required by law to be acknowledged, take renunciation of dower, and perform 
all other acts now or that may hereafter be provided by law.^"* 

Civ. '02, § 665; G. S. 523: R. S. 581: 1871. XIV, 538. § 4; 1911, XXVII. 139. 

§ 737. No Jurisdiction in Criminal Cases. — He shall exercise no power 
or jurisdiction in criminal cases. 

Civ. '02, § 666; G. S. 524; R. S. 582, 829; VI, 387. 

§ 738. Endorsement. — Xo notary public shall be appointed except upon 
the endorsement of one of the legislative delegation from the county in which 
the applicant resides. 

1911, XXVII, 139. 

§ 739. Fees. — The fee for the commission shall be two dollars, collected by 
the Secretary of State as other fees. 

1911. XXVII, 139. 



ARTICLE 6. 

COMMISSIOXERS Q]? DEEDS. 

Sec. Sec. 

740. Appointment. 744. Force of jurat of Notaries Public 

-741. Qualifications. in other States. 

742. Authority. 745. Commissions to Commissioners of 

743. Powers. deeds valid. 

§ 740. Appointment. — The Governor of the State is authorized to appoint 
and commission, in the several States and Territories of the Union, and in the 
District of Columbia, and in foreign countries, as many persons as he may deem 
expedient, as Commissioners of Deeds, who shall hold their office during the 
pleasure of the Governor. 

Civ. '02, § 667; G. S. 525; R. S. 583; 1834. VI. 504. § 1; 1906, XXV, 126. 

14. As to protests. Williamson v. Turner, 2 44; Bank z: Flagg. 1 Hill 177; Thompson v. Bank, 

Bay 410; Williamson -'. Patterson, 2 McC. 132; 3 Hill 77; lb., Riley 81; Aiken v. Cathcart, 2 

Dobson V. Laval, 4 McC. 57; Halls r. Howell, Speers 642; Greene r. Talley, 39 S. C. 338, 17 

Harper 426; Johnson v. Harth, 2 Bail. 183; Bank S. E. 779, 780. 
V. Green, 2 Bail. 230; Bank z: Stinemetz, 1 Hill 



§§741-745] OF SOUTH CAROLINA. 239 

§ 741. Qualification. — Every Commissioner, before he proceeds to per- 
form any duty, shall take and subscribe an oath or affirmation before any officer 
authorized to administer oaths in the city or County in which such Commis- 
sioner shall reside, well and faithfully to execute and perform all the duties of 
such Commissioner, under and by the laws of South Carolina, which oath or 
affirmation, and the written appointment of such commissioner, shall be filed in 
the office of the Secretary of this State, who shall give notice of such appoint- 
ment in one or more of the gazettes of this State. 
Civ. '02, § 668; G. S. 526; R. S. 584; 1834, VI, 505, § 3. 

§ 742. Authority. — A Commissioner of Deeds shall have authority to take 
renunciation of dower, and the acknowledgment of proof of any deed, mortgage, 
or other conveyance of any lands, tenements, hereditaments, lying or being in 
this State, or of any contract, letter of attorney, or any other writing under seal, 
to be used and recorded in this State ; and such renunciation, acknowledgment, 
or proof, when certified to by the hand and seal of such Commissioner, shall 
have the same force and effect as if taken before the proper officers within this 
State. 
Civ. '02, § 669; G. S. 527; R. S. 585; 1834, VI, 505, § 1. 

§ 743. Powers. — Every Commissioner shall have full power to administer 
an oath or affirmation to any person who shall be willing or desirous to make 
such oath or affirmation before him; and such oath or affirmation made before 
such Commissioner shall be as good and effectual, to all intents and purposes, as 
if taken by any Magistrate resident in this State, and competent to take or ad- 
minister the same. 

Civ. '02, § 670; G. S. 528; R. S. 586; 1834, VI, 505, § 2. 

§ 744. Force of Jurat of Notaries Public in Other States. — All verifi- 
cations of pleadings, affidavits, and proofs of claims made before Notaries Pub- 
lic in other States shall have the same force and effect as they would have if 
sworn to before a Commissioner of Deeds for this State resident in another 
State: Provided, Such Notary Public shall use his official seal.^^ 
Civ. '02, § 671; R. S. 587; 1888, XX, 1; 1891, XX, 1041. 

§ 745. Commissions to Commissioners of Deeds Valid. — All commis- 
sions to Commissioners of Deeds for South Carolina, wherever located, issued 
prior to the first day of January, 1896, are hereby declared to be and remain 
in full force and effect, notwithstanding the proclamation of the Governor re- 
voking same, onj March 20th, 1901, and said Commissioners, and the acts of all 
Commissioners, heretofore or hereafter done while acting under same, shall 
be of the same force and effect as if said commissions had never been revoked. 
1907, XXV, 773. 



ARTICLE 7. 
The; Comptroi,le;r-Ge;neral. 

Sec. Sec. 

746. Bond — Office hours — Salary. 750. Must prepare annual estimates for 

747. Record of General Assembly ap- the General Assembly. 

propriations, payments and con- 751. All payments by Treasurer to be 

tingent accounts — Treasurer's on his warrant, except, etc. 

vouchers. 752. Keep duplicate of books of Treas- 

748. Examination of books of the Treas- urer — Report balance sheet to 

urer. General Assembly. 

749. Personally superintended transfer 753. Abstract of settlement with County 

of books and money by Treas- Treasurers entered in book and 

urer to his successor. recorded. 

15. Testimony certified by foreign notary under his official seal admissible. Greene v. Talley, 39 
S. C. 338, 17 S. e;. 779, 780. . 



240 CIVIL CODE [ §§ 746-749 

Sec. Sec. 

754. Must report to General Assembly 762. Shall collate monthly returns of 

of County taxes. the payments. 

755. To report to General Assembly all 763. Shall publish returns of payments 

moneys due the State. — Form of return. 

756. Examination and report on ac- 764. Shall direct prosecution of default- 

counts of persons having dis- ing banks. 

tribution of public money. 765. Shall insure the university build- 

757. Report names of pensioners. ings. 

758. Shall Report transactions regard- 766. Shall furnish office room to State 

ing unappropriated treasury officers. 

funds. 767. May extend time for assessment 

759. Payments for Comptroller's books. and collection of taxes. 

760. Pursue defaulting Treasurers — At- 768. When to pay County Auditors. 

torney-General and Solicitor con- 769. Shall furnish State Printer copies 

duct proceedings. of all reports for publication 

761. Enter in his books accounts of all from his office. 

persons distributing public money. 

§ 746. Bond — Office Hours — Salary. — The Comptroller-General shall, be- 
fore he enters upon the duties of his office, give bond for the faithful discharge 
of the duties thereof, with one or more sureties, to be approved of by the Gov- 
ernor for the time being, in the sum of thirty thousand dollars. He shall re- 
ceive an annual salary of nineteen hundred dollars, and the fees and perquisites 
of the office shall be paid in to the Treasury of the State. He shall keep open 
and attend to his office from nine o'clock in the morning until two o'clock in 
the afternoon on every day, Sundays, public holidays, and the two next suc- 
ceeding days to Christmas excepted. 

Chiei^ C'ivErk, Auditing Civ^rk, CivE:rk Statk Board of Pe:nsions — Duties — 
Salary. — His Chief Clerk and his Auditing Clerk, both to be appointed by him, 
shall each receive an annual salary of fourteen hundred dollars. The Clerk of 
the State Board of Pensions, to be appointed by him, shall receive an annual 
salary of six hundred dollars. It shall be the duty of the Auditing Clerk, under 
the direction and supervision of the Comptroller-General, to keep the phosphate 
and insurance records in the Comptroller-General's office, visit the various Coun- 
ties of the State, and to visit the various penal, charitable and educational in- 
stitutions of the State, and report on the conditions of the books of the same, 
when required by the Comptroller-General, and inspect and report on the con- 
dition of the books of the various County officers of the State, and assist the 
Comptroller-General in making the annual settlements with County officers. 

Civ. '02, § 672; G. S. 529; R. S. 588; 1877, XVI, 247; 1801, V, 410, § 11; 1868, XIV. 
135, § 1; 1801, V, 411, § 21; 1893, XXI, 416; 1900, XXIII, 418. 

§ 747. Record of General Assembly Appropriations, Payments and 
Contingent Accounts — Treasurer's Vouchers. — It shall be his duty to keep 
a book in which all appropriations by the General Assembly shall be entered, 
with all payments made under them ; he shall also keep another book, properly 
indexed, in which he shall enter all contingent accounts allowed by the General 
Assembly, and the time at which payment on the same shall be made. The Comp- 
troller-General shall between the first and the tenth day of each month examine 
the vouchers in the office of the State Treasurer for all payments made by the 
Treasurer during the preceding month. 

Civ. '02, § 673; G. S. 530; R. S. 589; 1834, VI, 511, § 3; 1899, XX. 367. 

§ 748. Examination of Books of the Treasurer. — The books of the 
Treasurer of the State shall, at all seasonable times, be open to the inspection 
and examination of the Comptroller-General, and he shall, twice in each year, and 
at such other times as he shall deem necessary, examine the cash in the Treasury 
at Columbia. 

Civ. '02, § 674; G. S. 531; R. S. 590; 1801, V, 409, §§ 1, 4. 

§ 749. Personally Superintend Transfer of Books and Money by 
Treasurer to His Successor. — He shall personally superintend, except in the 



§§750-757] OF SOUTH CAROLINA. 241 

event of his being sick, and thereby rendered unable to attend, the transfer 
of money and papers from the office of the Treasurer to his successor, and report 
to the General Assembly thereon at their next session. 
Civ. '02, § 675; G. S. 532; R. S. 591; 1801, V, 409, § 4. 

§ 750. Must Prepare Annual Estimates for the General Assembly. — 

He shall prepare and report at every session of the General Assembly estimates 
of the public revenue and public expenditures ; and shall, at the same time, ren- 
der fair and accurate copies of all the Treasurer's report, and a true and accu- 
rate account of the actual state of the Treasury. 

Civ. '02, § 676; G. S. 533; R. S. 592; 1801, V, 408, § 1. 

§ 751. All Payments by Treasurer to Be on His Warrant, Except, etc. 

— All paym.ents by the State Treasurer, except for interest on the public debt, 
and the pay of officers, members, and attaches of the General Assembly, shall be 
made on warrants drawn by the Comptroller-General, and the vouchers for the 
same must be filed in his office. 

Civ. '02, § 677; G. S. 534; R. S. 593; 1876, XVI, 91. 

§ 752. Keep Duplicate of Books of Treasurer — Report Balance Sheet 
to General Assembly. — The Comptroller-General shall keep a set of books, 
exhibiting the separate transactions of the Treasury Department, which set of 
books shall be a transcript of the books of the Treasury, constituting a com- 
plete check upon that office ; and the Comptroller shall, in addition to the ex- 
hibits of cash transactions of the Treasury, annually report to the General As- 
sembly a balance sheet of the books aforesaid, setting forth as well by whom 
debts are due to the State as the amount of those debts. 
Civ. '02, §. 678; G. S. 535; R. S. 594; 1834, VI, 511, §§ 1, 2. 

§ 753. Abstract of Settlement with County Treasurers Entered in 
Book and Recorded. — The Comptroller-General shall enter the abstract for 
"settlement with the several County Treasurers of this State in a book to be kept 
by him for such purpose, and shall enter all settlements made by such Treasur- 
ers therein as to all taxes — State, school. County and special — and the same shall 
be a part of the records of his office. 

Civ. '02, § 679; R. S. 595; 1889, XX, 293. • ' 

§ 754. Must Report to General Assembly of County Taxes. — He shall 
prepare and present to the General Assembly, at an early period in every ses- 
sion, a correct and detailed statement of all the taxes, real and personal, for 
which each of the Counties of the State shall be liable under the Tax Acts of 
each year. He shall, at the same time, report the amount of the local taxes col- 
lected in each County.^''' 

Civ. '02, § 680; G. S. 536; R. S. 596; 1808, V, 567, § 4; 1859, XII, 746, § 4. 

§ 755. To Report to General Assembly All Moneys Due the State. — 

He shall lay before the General Assembly, with his annual report, a statement 
of all moneys due to the State. 

Civ. '02, § 681; G. S. 537; R. S. 597; 1818, VI, 108, § 11. 

§ 756. Examine and Report on Accounts of Persons Having- Distribu- 
tion of Public Money. — He shall examine and annually report to the General 
Assembly on the accounts of all persons having the distribution of public money. 

Civ. '02, § 682; G. S. 538; R. S. 598; 1834, VI, 512, § 4; 1846, XI, 356, § 2. 

§ 757. Report Names of Pensioners. — He shall make an annual report to 
the General Assembly of the names of the pensioners of the State. 
Civ. '02, § 683; G. S. 539; R. S. 599; 1835, VI, 527, § 3. 

17. He cannot be compelled by mandamus to under Act March 2d, 1872. State v. Comptroller- 
levy a tax to pay "Revenue Bond Scrip," issued General, 4 S. C. 185. 

S C C— 16 



242 



CIVIL CODE 



[ §§ 758-764 



§ 758. Small Report Transactions Regarding- Unappropriated Treas- 
ury Funds. — The Comptroller-General shall report, annually, to the General 
Assembly, his transactions in regard to unappropriated funds in the Treasury. 

Civ. '02, § 684; G. S. 540; R. S. 600; 1803, V, 458, § 30. 

§ 759. Payments for Comptroller's Books. — The books necessary for the 
office of the Comptroller-General shall be paid for out of the Treasury of the 
State. 

Civ. '02, § 685; G. S. 541; R. S. 601; 1818, VI, 109, § 15. 

§ 760. Pursue Defaulting Treasurers — Attorney- General and Solic- 
itor Conduct Proceedings. — The Comptroller-General shall immediately 
commence and pursue against all County Treasurers reported by the Treasurer 
as being in default in making their returns, such legal measures as will be best 
calculated to compel an immediate compliance with the duty imposed upon them 
in regard to such returns, and shall enforce the performance of their duty gen- 
erally by all legal means. The Attorney-General and the Solicitor of the Circuit 
in which such default may occur shall conduct such legal proceedings, Avhen 
called upon to do so by the Comptroller-General. 

Civ. '02, § 686; G. S. 543; R. S. 602; 1808, V, 567, § 3. 

§ 761. Enter in His Books Accounts of All Persons Distributing Pub- 
lic Money. — He shall enter in books, kept for that purpose, such a statement 
of the account of persons having the distribution of public money (directed 
by law to be rendered to him), as will enable him, at any time, to show how 
said accounts stand between the parties respectively. 

Civ. '02, § 687; G. S. 545; R. S. 604; 1834, VI, 512, § 4. 

§ 762. Shall Collate Monthly Returns of the Banks.— The Comptroller- 
General shall collate the various statements in the monthly returns made to him 
by the banks, so as to present a comparative view of all the items thereof, and 
shall publish the same in some public newspaper, for general information. Every* 
bank failing to make such return shall forfeit to the use of the State, to be re- 
covered b_v the Comptroller by action, twenty-five dollars for each and every 
day's neglect. 

Civ. '02, § 688; G. S. 547; R. S. 605; 1840, XI, 143, §§ 3, 4; 1869, XIV, 212, § 2. 

§ 763. Shall Publish Returns of Banks— Form of Return.— The 

Comptroller-General shall, at least once in every month, collect the accounts of 
the weekly state of their circulation and specie, rendered by the several banks 
of issue, in conformity with law, and publish the same, so collected, in some 
newspaper, in the following form : 

Weekly Statement of Circulation and Specie of Banks of Issue in South Caro- 
lina, from the .... day of to the .... day of eighteen 

hundred and 



NAMK OF BANK. 



NAME OP BANK. 



NAME OF BANK. 



Date 



Circulation 



Specie 



Date Circulation | Specie 



Date 



Circulation 



Specie 



And any banks, the officers whereof shall neglect to transmit to the Comptroller- 
General any such accounts aforesaid, shall forfeit one hundred dollars for each 
and every day during which the same shall be neglected, to be recovered by 
action, at the suit of the State. 

Civ. '02, § 689; G. S. 548; R. S. 606; 1858, XII, 700, § 6. 

§ 764. Shall Direct Prosecution of Defaulting Banks. — It shall be the 
duty of the Comptroller-General, whenever it appears that any bank, or any 



§§765-769] OF SOUTH CAROLINA. 243 

officer of a bank, has incurred any forfeiture for any official misconduct, to 
cause suit to be brought against such bank or officer, by the Attorney-General 
or the Sohcitor of the Circuit in which such bank is situated, for the recovery 
of the same. And in case he shah, at any time, have cause to suspect that a 
false or incorrect account has been rendered to him by any bank, he shall have 
authority, and it shall be his duty, to make a personal examination of the books 
of such bank, in order to ascertain the truth. 

Civ. '02, § 690; G. S. 549; R. S. 607; 1840, XI, 145, § 5; 1857, XII, 632, § 4. 

§ 765. Shall Insure the University Buildings. — The Comptroller-General 
shall, annually, insure against fire the buildings of the University of South 
Carolina. 

Civ. '02, § 691; G. S. 550; R. S. 608; 1819, VI, 139, § 15. 

§ 766. Shall Furnish Office Room to State Officers.— The Comptroller- 
General of the State is authorized and directed, upon his receipt of a written 
application from any officer of the State Executive Department, to provide and 
furnish an office for the use of said officer, and the expense thereof shall be 
paid by the State Treasurer, out of the contingent fund of the State, on the 
warrant of the Comptroller-General. 

Civ. '02, § 692; G. S. 551; R. S. 609; J. R. 1869, XIV, 289, §§ 1, 2. 

§ 767. May Extend Time for Assessment and Collection of Taxes. — 

The Comptroller-General, with the approval of the Governor, may extend the 
time for the performance of the duties imposed upon the County officers or for 
the assessment and collection of taxes ; and when such assessment and collection 
of taxes are necessarily delayed, the Comptroller-General may postpone the time 
within which the penalties imposed by law would attach. 
Civ. '02, § 693; G. S. 552; R. S. 610; 1876, XVI, 561. 

§ 768. When to Pay County Auditors. — The Comptroller-General should 
not issue to any Auditor his warrant for the salary of such Auditor, until all 
abstracts and reports due from or by such Auditor have been filed in the office 
of the Comptroller- General. 

Civ. '02, § 694; G. S. 553; R. S. 611; 1876, XVI, 194. 

§ 769. Shall Furnish State Printer Copies of All Reports for Publi- 
cation from His Office. — The Comptroller-General shall furnish to the State 
Printer, for publication in the Reports and Resolutions of the General Assembly, 
copies of all reports passed at each session and filed in his office. 
Civ. '02, § 695; G. S. 554; R. S. 612; 1878, XVI, 825. 



ARTICLE 8. 

The State Treasurer. 

Sec. Sec. 

770. Salary of State Treasurer and of 780. State Treasurer to make monthly 

his clerks. reports to the Board of Control. 

771. Bond. 781. Duties as to defaulting County 

772. Office hours. Treasurers. 

773. How payments are made. 782. Charging County Treasurers with 

774. How interest on State stock is to interest. 

to be paid. 783. Report to General Assembly 

775. How lost checks replaced. names of defaulting County 

776. When transfer books to be closed. Treasurers — Proceedings against 

777. Coupons in Treasurer's hands suf- them. 

ficient vouchers. 784. Requisites to drawing appropria- 

778. Coupons to be paid in Charleston tions from Treasury. 

also. 785. How appropriation shall be drawn. 

779. Monthly reports to Comptroller of 786. Must raise in his books an account 

cash transactions, etc. for ea-ch appropriation. 



244 



CIVIL CODE 



[ §§ 770-772 



Sec. 

787. 



r90. 



791. 

792. 



r93. 



794. 



('95. 
196. 



797. 



799. 
800. 

801. 

802. 

803. 

804. 



805. 
806. 



80^ 



809. 
810. 



Sec. 

Copies of books to be evidenced. 811. 

State Treasurer to give duplicate 

receipts — Original to payer— 812. 

Penalty. 

Daily reports by State Treasurer. 

To write off unpaid checks two 

years old. 813. 

Safe in bank. 

Deposit of State moneys to credit 814. 

of Treasurer — Bank book. 

Banks having on deposit State 815. 

funds to make quarterly state- 
ments to Treasurer. 

Treasurer to publish quarterly 816. 

statement of money on hand 
and where deposited. 817. 

Banks to report deposits monthly. 

Must exhibit bank book to Comp- 818. 

troller and Governor monthly, 
at least. . 8] 9. 

Examination of warrants by joint 

committee of General Assem- 820. 

bly. 

Majority of joint committee of 821. 

Joint Assembly may act. 

Compensation of joint committee. 

Duties of Treasurer with regard to 822. 

funds for additional purposes. 

How State institutions must draw 

appropriations. 823. 

Mode of payment of appropriations 

to educational institutions. 824. 

Payment of appropriations to meet 

ordinary expenses. 825. 

Statement of State officers and 826. 

heads of departments to Comp- 
troller-General in reference to 827. 
appropriations. 828. 

Salaries paid monthly. 829. 

Statement to be made to General 
Assembly — Fund cannot be ex- 
ceeded or purpose diverted. 830. 

Persons to whom appropriations 831. 

for various institutions shall be 
paid. 832. 

Governor's contingent fund. 

Appropriations for militia. 833. 

Attorney-General — Expenses for 
litigation. 



Railroad Commission appropria- 
tion. 

Offices of electrician and engineer 
of State House consolidated — 
Appointment — Compensation — 
Duties — Fireman. 

Expense of public buildings item- 
ized and verified. 

Expenditure of appropriation for 
prizes for farmers. 

Expenditure of appropriation for 
South Carolina Live Stock As- 
sociation. 

Payment of amounts specified for 
eradication of cattle ticks. 

Payment of loan to South Carolina 
Agricultural Society. 

Custody of moneys for erection of 
State college buildings. 

Payment of amounts specified for 
expenses of Supreme Court. 

Expenditures of amounts specified 
for Board of Fisheries. 

Direction for expenditure of 
amount for expense of Health 
Department. 

Persons entitled to free tuition at 
University of South Carolina — 
Scholarships. 

Payment of appropriation for Ca- 
tawba Indians. 

Compensation of regents of State 
Hospital for Insane. 

Appropriation for penitentiary. 

Purpose of appropriation for pen- 
sions. 

Charges for election notices. 

Appropriation for public printing. 

Analysis of mineral by Clemson 
Agricultural and Mechanical 
College — Compensation. 

Use by Historical Commission. 

Payment of amount specified for 
expense of General Assembly. 

Mode of payment of appropriation 
where no direction given. 

Certain officers maj' borrow money 
on credit of State. 



§ 770. Salary of State Treasurer and of His Clerks. — The Treasurer 
of the State shall receive a salary at the rate of nineteen hundred dollars per an- 
num. And he shall employ a Chief Clerk at a salary of fifteen hundred dollars 
per annum; and two bookkeepers, the salary of each to be at the rate of thirteen 
hundred and fifty dollars per annum. 

Civ. '02, § 696; G. S. 555; R. S. 613; 1879, XVII, 128; 1893, XXI. 416. 

§ 771. Bond. — The Treasurer shall, before entering on the duties of his 
office, give bond, with two or more good and sufficient sureties, to be approved 
by the Governor, with a condition for the faithful discharge of his official duties, 
and in the penal sum of ninety thousand dollars. 

Civ. '02, § 697; G. S. 556: R. S. 614; 1865, XIII, 350, § 5. 

§ 772. Office Hours. — The Treasurer shall keep open and attend in his 
office from nine o'clock in the morning until two in the afternoon on every day, 
Sundays, public holidays, and the two succeeding days to Christmas excepted. 

Civ. '02, § 698; G. S. 557; R. S. 615; 1801, V, 411, § 21. 



^^773-778] OF SOUTH CAROLINA. ■ 245 

§ 773. How Payments Are Made. — All pa^vments by the Treasurer of the 
State, except for interest on the public debt and the pay of members, officers and 
employees of the General Assembly, shall be made on warrants drawn by the 
Comptroller-General, and the vouchers for the claims shall be filed in his office. 
The said warrants in the hands of the Treasurer, properly endorsed, shall be suf- 
ficient vouchers for the payment of the same. 

Civ. '02, § 699; G. S. 558; R. S. 616; 1876, XVI, 91; 1882, XVII, 753, § 5. 

§ 774. How Interest on State Stock Is to Be Paid.— The Treasurer 
shall pay the semi-annual interest upon all recognized Brown Consol or Blue 
four and one-half per cent, or Brown four per cent, stock of this State in manner 
following, that is to say : To every person or persons in whose names certificates 
of such stock are held, whose postoffice address is furnished to the said Treasurer, 
or which he is able to obtain, he shall send by mail at least two days before the 
first days of January and July, respectively, in every year, checks drawn payable 
to the order of such person or persons, as the case may be, for the amount of 
interest due to him or them respectively. Such checks shall be payable at some 
bank or other financial agency, either in Columbia, Charleston or other financial 
point, to be selected by the said State Treasurer upon consultation with the Gov- 
ernor and Comptroller-General, according as either of the said cities or other 
financial points may be nearest to the postoffice address of such person or per- 
sons to whom such checks may be sent. And such checks, when returned to the 
Treasurer duly endorsed by the person or persons to whom' the samic were made 
payable, shall be taken and considered as a sufficient and absolute voucher and re- 
ceipt in his hands for the payment of the amount of interest specified therein. 

Civ. '02, § 700; G. S. 559; R. S. 617; 1882, XVII, 753, 91; 1882, XVIII, 205; 1887, 
XIX, 887; 1889, XX, 350, § 2; 1890, XX, 711, § 1. 

§ 775. How Lost Checks Replaced. — In case any check mailed in accord- 
ance with the provisions of the last Section shall be lost and shall fail to reach 
the person to whom the same has been mailed, the State Treasurer shall, upon 
satisfactory proof to him of the fact of such loss, and upon receiving a bond 
of indemnity, with sufficient surety, approved also by the Attorney-General, in 
an amount double the sum for which said check was drawn, issue to the said 
person his duplicate check for the sum for which the original check was drawn, 
which duplicate check shall state upon its face that it is a duplicate, and that it 
is payable only in case the original check is unpaid. And such duplicate check, 
duly endorsed, shall be as sufficient a voucher in the hands of the Treasurer, the 
original being unpaid, as the original check would have been. 

Civ. '02, § 701; G. S. 559; R. S. 618; 1882, XVI, 752. 

§ 776. When Transfer Books to Be Closed. — To facilitate the payment 
of interest in the manner hereinbefore prescribed, the State Treasurer is author- 
ized to close the books of transfer of said stock for thirty days prior to the first 
days of July and January in each and every year, during which period no changes 
or transfers of such stock will be allowed. 

Civ. '02, § 702; G. S. 559; R. S. 619; 1882, XVI, 752. 

§ 777. Coupons in Treasurer's Hands Sufficient Vouchers. — No re- 
ceipt or voucher need be taken by the Treasurer upon the payment of coupons of 
any recognized Brown Consol or Blue four and a half per cent, or Brown four 
per cent, bonds of this State, other than the delivery to him of the coupons so 
paid, which shall be held and deemed sufficient vouchers for such payment. 

Civ. '02, § 703; G. S. 560; R. S. 620; 1882, XVI, 752. 

§ 778. Coupons to Be Paid in Charleston Also. — The Treasurer is au- 
thorized and directed to arrange for the payment at maturity of the coupons of 
recognized Brown Consol, or Blue, or Brown four per cent, bonds of this State 
in the City of Charleston in addition to the other places now fixed by law. 

Civ. '02, § 704; G. S. 561; R. S. 621; 1882, XVI, 753. 



246 CIVIL CODE [ §§ 779-7S4 

§ 779. Monthly Report to Comptroller of Cash Transactions, etc. — 

He shall, at the end of every month, report to the Comptroller-General an accu- 
rate statement of the cash transactions of the Treasury, of every description, 
stating therein every sum of money received or paid away in behalf of the State, 
particularizing the person and his office of whom received and to whom paid, as 
also on what account received, and for v/hat purpose paid. 

He shall", at all times, when required by the Comptroller-General, produce to 
him satisfactory statements of the cash in hand, and furnish him promptly with 
official information, duly certified, relative to any matter connected with the reve- 
nue and finance of the State. 

Civ. '02, § 705: G. S. 562; R. S. 622; 1801. V, 409: 1803, V. 458. 

§ 780. State Treasurer to Make Monthly Reports to the Board of 
Control. — In order to facilitate the keeping of the accounts of the State Dis- 
pensary, it shall be the duty of the State Treasurer, on the first days of each and 
every month, to transmit to the State Board of Control a statement of all moneys 
received by him upon account of the State Dispensary during the preceding month, 
and a statement of all Dispensary warrants paid by him during said month, said 
statement to contain the number and amount of all warrants so paid, their dates 
and the names of the payees, together with a statement of the balance in the State 
Treasury to the credit of the State Dispensary on the first day of said month. 
Civ. '02, § 706; 1896, XXII, 149. 

§ 781. Duties as to Defaulting County Treasurers. — Any County 
Treasurer who shall neglect to pay over to the Treasurer the amount in his 
hands belonging to the State, or for which he has made himself liable, as re- 
quired by law, shall be liable to be committed to jail by warrant from the Treas- 
urer, which warrant shall be directed to all the Sheriffs of the State, who shall 
be bound in their several Counties to yield strict obedience to the same, under 
penalty of liability for neglect of duty; and such County Treasurer shall remain 
in strict custody until he shall have rendered a full account, and paid over the 
taxes for which he is accountable. 

Civ. '02, § 707; G. S. 564; R. S. 623; 1788, V, 54, § 14. 

§ 782. Charging- County Treasurer with Interest. — If any County 
Treasurer shall refuse or neglect to pay the taxes received by him within the 
time required by law, the Treasurer shall, in addition to the coercive power which 
he now possesses, charge the County Treasurer with interest, at the rate of five 
per cent, per month, from the time he ought to have paid the taxes to the time 
of such settlement. 

Civ. '02, § 708; G. S. 565; R. S. 624; 1843, XI, 247, § 9. 

§ 783. Report to General Assembly Names of Defaulting County 
Treasurers — Proceedings against Them. — The Treasurer shall report to 
the General Assembly, at its annual session, every instance of default in the 
County Treasurers, and state particularly the means which he has made use of 
against such defaulters, so that the General Assembly may be fully informed of 
any omission of duty, wheresoever and by whomsoever, in the punctual and due 
collection of taxes ; he shall instruct the Attorney-General and Solicitors to pro- 
ceed against all such defaulters, as soon as such defaults occur; and it shall be 
the indispensable duty of the Treasurer to enforce all legal means against de- 
faulting County Treasurers ; in failure whereof, he shall be held to make good 
any loss which the State may sustain thereby, and be, moreover, liable to be 
deemed guilty of a violation of his official duty. 

Civ. '02, § 709: G. S. 566; R. S. 625; 1824, VI. 259. § 12. 

§ 784. Requisites to Drawing Appropriations from Treasury. — No 

appropriation placed under the direction of any Board of Commissioners shall 



§§ 785-790 ] OF SOUTH CAROLINA. 247 

be drawn from the Treasury until the contract entered into by the Commission- 
ers in virtue thereof shall have been lodged in the Treasury. 
Civ. '02, § 710; G. S. 567; R. S. 626; 1824, VI, 259, § 7. 

§ 785. How Appropriations Shall Be Drawn. — The Commissioners shall 
be authorized to draw one-third of the appropriation placed under their direction 
in advance, one-third when the contract is half finished, and the balance when 
the work is completed and received by the Commissioners : Provided, That in 
no case shall Commissioners be allowed to draw upon any contract which is not 
intended to carry into complete execution all the objects for which the appro- 
priation shall be made by the Legislature, and which objects shall be embraced 
by the terms of the contract. 

Civ. '02, § 711; G. S. 568; R. S. 627; 1824, VI, 259, §§ 8, 9. 

§ 786. Must Raise in His Books an Account for Each Appropriation. 

— The Treasurer shall raise an account in the Treasury books, in every instance, 
for the several appropriations made by the Legislature, so that the appropria- 
tions of money and application thereof conformably thereto may appear clearly 
and distinctly on the Treasury books. 

Civ. "02, § 712; G. S. 570; R. S. 628; 1803. V, 458, § 29. 

§ 787. Copies of Books to Be Evidence. — An exact copy of any entry 
from the books of the Treasurer, certified by the Treasurer, shall be admitted in 
evidence in any Court of this State, in the same manner as the original books. 

Civ. '02, § 713; G. S. 571; R. S. 629; 1801, V, 411, § 22. 

§ 788. State Treasurer to Give Duplicate Receipts — Original to 
Payer — Penalty. — The Treasurer, on receiving money from the County Treas- 
urers on account of State taxes and phosphate companies on account of phos- 
phate royalty, or from any other person or persons whomsoever, on any account 
shall issue duplicate receipts for the same, one of which shall be designated the 
original and the other the duplicate. The original shall be held by the person or 
persons making the payment of the money to the Treasurer, for his protection, 
and the duplicate shall be immediately sent to the Comptroller-General of the 
State by the State Treasurer, who shall from such duplicate receipt make up a 
cash book upon which he shall charge the State Treasurer with having received 
the amount so evidenced by said dupli^rate receipt. The said State Treasurer 
shall designate on the face of each receipt on what account the money has been 
paid, so that the Comptroller-General may be enabled to charge the said Treas- 
urer separately with such amounts. If the State Treasurer shall neglect to fur- 
nish receipts, as aforesaid, he shall forfeit and pay a sum not exceeding two 
hundred dollars, nor less than fifty dollars, to be recovered in any Court having 
jurisdiction thereof, and the Comptroller-General, upon information made to 
him, shall take the necessary measures to cause the same to be recovered. 

Civ. '02, § 714; G. S. 572; R. S. 630; 1889, XX, 366; 1905, XXIV, 969. 

§ 789. Daily Reports by State Treasurer. — The State Treasurer shall, 
at the close of business on each day, send to the Comptroller-General a report of 
all moneys paid out by him, to whom paid and on what account, except that paid 
upon warrants of the Comptroller-General.^^ 

Civ. '02, § 715; G. S. 572a; R. S. 631; 1889, XX, 366. 

§ 790. To Write Off Unpaid Checks Two Years Old.— All checks issued 
by the State Treasurer for the payment of claims, if not presented for payment 
within two years from date thereof, the amounts thereby represented shall be 
covered back into the State Treasurv and such checks written off of the books of 
the State Treasurer : Provided, Any check may be reissued upon satisfactory 
proof of non-payment. 

1904, XXIV, 498. 

IS. As to examination of Treasurer's vouchers by the Comptroller-General, see ante, § 747. 



248 CIJIL CODE [ §§ 791-797 

§ 791. Safe in Bank. — The Treasurer of the State shall have a safe in 
the vaults of one of the banks of the City of Columbia, designated by the Gov- 
ernor, the Treasurer, and the Comptroller-General, and may place and keep 
therein moneys belonging to the State. 

Civ. '02, § 716; G. S. 573; R. S. 632; 1884, XVIII, 786. 

§ 792. Deposit of State Moneys to Credit of Treasurer — Bank Book. 

— To facilitate the disbursement of the public moneys, the Treasurer of the 
State shall deposit in such bank or banks in this State as shall be agreed upon by 
the Governor, the Comptroller-General, and the Treasurer, or by any two of 
them, and as in their opinion shall be secure, all the moneys belonging to the 
State, other than he may keep in the safe in the vault of one of the banks in the 
City of Columbia, as authorized in Section 780, the moneys so deposited to be 
placed to the credit of the Treasurer of the State of South Carolina. He shall 
keep a bank book showing his deposits in and moneys drawn from the banks in 
which deposits are made. 

Civ. '02, § 717; G. S. 574; R. S. 633; 1884, XVIII, 786. 

§ 793. Banks Having on Deposit State Funds to Make Quarterly- 
Statements to Treasurer. — Each bank which has funds of the State on de- 
posit shall, on or before the fifth day of January, April, July and October, re- 
spectively, in each year render to the State Treasurer a certified statement show- 
ing the balance or balances on hand to the credit of the State at the close of 
business on the last day of the preceding month : Provided. This shall not con- 
flict with existing rule of the Financial Board requiring monthly statements from 
State depositories. In case any bank shall fail to render such statement, with- 
out good cause shown, it shall be the duty of the Treasurer to at once withdraw 
all State deposits from such bank and close its account. 

1903, XXIV, 20. 

§ 794. Treasurer to Publish Quarterly Statement of Money on Hand 
and Where Deposited. — The State Treasurer shall pubhsh, quarterly, in one 
daily paper in the City of Columbia, a statement showing the amount of money 
on hand and in what banks the same is deposited, and the respective funds to 
which the same belongs. 
1903, XXIV, 21. 

§ 795. Banks to Report Deposits Monthly. — The said banks shall, re- 
spectively, transmit to the Governor and Comptroller-General monthly state- 
ments of the moneys which shall be received and paid by them on account of the 
Treasury. 

Civ. '02, § 718; G. S. 575; R. S. 634; 1868, XIV, 15, § 2. 

§ 796. Must Exhibit Bank Book to Comptroller and Governor 
Monthly, at Least. — The Treasurer shall exhibit his bank book to the Comp- 
troller-General and Governor, for their examination, on the first Tuesday in 
every month, and oftener, if required. ^^ 

Civ. '02, § 719; G. S. 576; R. S. 635; 1868, XIV, 16, § 4. 

§ 797. Examination of Warrants by Joint Committee of General 
Assembly. — The Joint Committee of the General Assembly shall also compare 
the warrants drawn by the Comptroller-General, or any other officer, on the 
Treasury during the year ending on the said 31st day of December preceding, 
with the several laws under which the same shall purport to have been drawn. 
and shall, in like manner, certify and report whether the Comptroller-General 
or other officer had power to draw such warrants ; and if any .shall be found 
which, in their opinion, there was no power to draw, they shall specify the same 
in their report, with their reasons for such opinion. 

Civ. '02, § 720; G. S. 579; R. S. 638; 1868, XIV, 16, § 7. 

19. As to examination of accounts by Joint Committee of General Assembly, see ante, § 81. 



§§798-802] OF SOUTH CAROLINA. 249 

§ 798. Majority of Joint Committee of General Assembly May Act. — 

A majority of the members of such Committee may perform all the duties re- 
quired by law of the Committee. 

Civ. '02, § 731; G. S. 580; R. S. 639; 1868, XIV, 16, § 8. 

§ 799. Compensation of Joint Committee. — The members of the Com- 
mittee shall receive the same compensation from the Treasury, for services and 
travel required to be performed by them, as is allowed to members of the General 
Assembly. 

Civ. '02, § 722: G. S. 581; R. S. 640; 1868, XIV. 16, § 9. 

§ 800. Duties of Treasurer with Regard to Funds for Educational 
Purposes.- — The State Superintendent of Education shall take and hold in trust 
for the State any grant or devise of lands, and any gift or bequest of monev or 
other personal property made to him for educational purposes, and he shall pay 
into the State Treasury, for safe keeping and investment, all moneys and in- 
comes from property so received. The Treasurer of the State shall, from time 
to time, invest all such moneys in the name of the State, and shall pay to the 
State Superintendent of Education, on the warrant of the Comptroller-General, 
the income or principal thereof as he may, from time to time, require : Provided, 
That no disposition shall be made of any grant, devise, gift, or bequest incon- 
sistent with the conditions or terms thereof. For all such property, his bond 
shall be responsible as for other funds received by him in his official capacity.^o 

Civ. '02, § 723; G. S. 583; R. S. 641; 1878, XVI, 575. 

§ 801. How State Institutions Must Draw Appropriations. — The ap- 
propriation made for a State institution shall be paid to the Treasurer of the 
institution, who shall be a bonded officer, the amount of the bond not to be less 
than the amount to be drawn at any one time, and to be fixed by the governing 
Board, the bond to be approved by the Attorney-General as to its form and ex- 
ecution, and by the Governor as to its sufficiency, and to be filed with the State 
Treasurer. The Treasurer of the institution shall draw his receipt warrant upon 
the Comptroller- General for the amount needed, which receipt warrant shall be 
countersigned by the President or Superintendent of the institution, and have at- 
tached thereto an itemized sworn statement showing the purposes in detail for 
which the money to be drawn is to be used monthly only, and all money for 
other purposes to be drawn only when actually owing and due. 

How Warrants for Appropriations Shall Be Drawn. — Upon the receipt 
by the Comptroller-General of the receipt warrant, signed and countersigned, 
and with statement attached as above provided, the Comptroller-General shall 
issue his warrant on the State Treasurer in favor of the Treasurer of the in- 
stitution for the amount drawn, and the State Treasurer shall pay the same, the 
amount thereof to be charged to the appropriation account of such institution bv 
the Comptroller-General and the State Treasurer.-^ 

Civ. '02, § 724; 1900, XXIII, 356. 

§ 802. Mode of Payment of Appropriations to Educational Institu- 
tions — Itemized Statement. — The money appropriated to the State Hospital 
for the Insane shall be paid to the treasurer of said institution in the following 
manner : On the first of each month the said treasurer shall draw his receipt 
warrant upon the Comptroller-General for one-twelfth of the amount appro- 
priated for the use of said institution, which receipt warrant shall be counter- 
signed by the superintendent of said institution. Upon receipt by the Comp- 
troller-General of such receipt warrant so countersigned, the said Comptroller- 
General shall issue his warrant on the State Treasurer in favor of the treasurer 
of the State Hospital, and the said treasurer shall pay the same, the amount 

20. As to quarterly payment of State moneys by 21. All moneys appropriated to public institu- 

State officers into the State Treasury, see ante, § tions are paid by State Treasurer under this sec- 
^°^- tion. Hopkins v. Clemson Agricultural College,. 

77 S. C. 12, 32, 57 S. E. 551. 



250 CIVIL CODE [ §§ 803-807 

thereof to be charged to the appropriation account of said institution by the 
Comptroller-General and the State Treasurer. At the end of such month, and 
before presenting any other receipt warrant, the said treasurer of the State Hos- 
pital shall file with the Comptroller-General an itemized sworn statement showing 
the disbursements in detail for the previous month. 
1911, XXVII, 121. 

§ 803. Payment of Appropriations to Meet Ordinary Expenses. — The 

several amounts appropriated from year to year to meet the ordinary' expenses 
of the State shall be paid by the State Treasurer out of the usual income of the 
State and any unexpended balance in his hands not otherwise appropriated, in 
the manner prescribed by Section 751,. and conformably with the terms of the 
remaining sections of this Article. 

1909, XXVI. 280. 

§ 804. Statement of State Officers and Heads of Departments to 
Comptroller- General in Reference to Appropriations. — All State officers 
or heads of departments of the State government, the governing board.- or of- 
ficial heads of all institutions supported in whole or in part by the State, and all 
other persons whomsoever, desiring or requiring appropriations to be made from 
the public funds or the State Treasury, shall, on or before the first Tuesday in 
January in each year, prepare and file with the Comptroller-General a written 
statement showing the amount of appropriations made for use in such office or 
department and all other income accruing to such institution for the fiscal year 
ending December 31st, immediately preceding; the amount of such appropria- 
tions or income expended, and an estimate of amount of the appropriation or 
appropriations which will be needed for the use of such office, department or in- 
stitution during the current fiscal year, together with a brief statement of the 
reason for any change in the amount of the appropriations dieretofore made for 
such office, department or institution. 

Comptroller-General to Transmit Special Report to General Assembly. 
— The Comptroller-General shall forthwith tabulate all such statements filed 
with him as directed in this section, and transmit the same with a special report 
thereon to the General Assembly on or before the second Tuesday in January, 
for the information and use of the General Assembly in fixing the amount of 
appropriations to be made for the current year. And he shall furnish a copy of 
such statements to the Finance Committee of the Senate and the Ways and 
]^leans Committee of the House, 

1911, XXVII, 224. 

§ 80 5. Salaries Paid Monthly. — The amount specified for salaries and 
clerical services of the officers and employees of the State shall be paid in 
monthly installments. 

1909, XXVI, 280. 

§ 806. Statement to Be Made to General Assembly — Appropriations 
— Accounts. — The amounts specified for the various officers of the State and 
for various public purposes, other than for salaries and clerical services, shall be 
duly accounted for; a detailed statement thereof shall be made to the General- 
Assembly at its next ensuing session. Xo person authorized to make contracts or 
draw said appropriations shall exceed the specific appropriations, nor shall any 
fund be expended for any other purpose than that for which it may be appropri- 
ated. All accounts shall be itemized and verified, 

1909, XXVI, 280, 

§ 807. Persons to Whom Appropriations for Various Institutions 
Shall Be Paid. — The amounts specified for the various educational, penal and 
charitable institutions of the State shall be paid to the respective executive 
heads thereof. 

1909, XXVI, 280. 



§§808-813] OF SOUTH CAROLINA. 251 

§ 808. Governor's Contingent Fund. — That out of the appropriation for 
contingent fund of the Governor for rewards and other purposes the Governor 
be allowed to use as much as five hundred dollars, to pay the actual expenses in- 
curred by him in attending meetings of the different boards of which he is a 
member ex officio, and also to pay his actual expenses when attending meetings or 
conventions or other gatherings in the interest of the State. 

1909, XXVI, 280. 

§ 809. Appropriations for Militia. — The appropriation for assisting mili- 
tary companies to maintain their organization shall be subject to the following 
conditions : All encampments shall be held wathin the State, unless otherwise 
required by the Federal Government ; the said sum shall be distributed by the 
Adjutant-General in accordance with the militia laws of the State and be paid 
out to the captain of each company for distribution upon the warrant of the 
Comptroller-General ; which shall be issued when the apportionment of each- 
company shall have been certified to the Comptroller-General by the Adjutant- 
General, and shall be countersigned by the captain of the company to wdiich the 
apportionment shall have been made. 
1909, XXVI, 281. 

§ 810. Attorney- General — Expenses for Litigation. — The appropriation 
for the Attorney-General for the expenses of litigation shall be subject to the 
following conditions : The Attorney-General shall conduct all litigation which 
may be necessary for any department of the State Government or any of the 
boards connected therewith, and all such boards or departments are hereby for- 
bidden to employ any counsel for any purpose except through the Attorney- 
General and upon his advice ; out of said fund the Attorney-General shall pay for 
dockets and blank indictments for the several circuit solicitors, and such other 
expenses as he may deem advisable. 

1909, XXVI, 281. 

§ 811. Railroad Commission Appropriation. — The appropriation for the 
Railroad Commissioner's office shall be advanced by the State until the same 
shall have been collected from the corporations liable therefor and when col- 
lected shall be placed in tlie State Treasury. 

1909, XXVI, 281. 

§ 812. Offices of Electricians and Engineers of State House Consol- 
idated — Appointment — Compensation — Duties — Fireman. — ^The offices of 
electrician and engineer of the State House shall be consolidated, the appoint- 
ment to be made by the Governor, subject to removal by him; he shall receive 
compensation for seven months at $100 per month and for five months at $75 
per month ; he shall attend to the boilers, engines and other appliances at least 
once every fifteen days ; he shall do all repairing of wiring, fixtures, fuses, etc., 
for all State buildings and property in Columbia, and the compensation stated 
shall be in full for all additional help employed by him and for attendance upon 
lighting and heating the State House during the sessions of the General As- 
sembly ; the firemen of the heating apparatus of the State House shall be ap- 
pointed by him and be subject to removal by him; one fireman shall receive com- 
pensation for seven months at S65 per month, for five months at $50 per month; 
the other, for two months at $40 per month ; the electrician and engineer of the 
State House shall also purchase the £uel for heating the State House, upon com- 
petitive bids after advertisement in two papers in the city of Columbia once a 
week for one month. 
1909, XXVI, 282. 

§ 813. Expenses of Public Buildings Itemized and Verified. — The 

amounts specified for expenses in connection with the public buildings of the 



252 CIJIL CODE [§§814-820 

State shall be itemized and verified by the contractors and certified to by the 
respective officers in charge thereof. 

1909, XXVI, 282. 

§ 814. Expenditure of Appropriation for Prizes for Farmers. — The 

amount specified for prizes for farmers shall be expended as State prizes for the 
farmers of the State who shall enter and participate in a contest for the growing 
of cereals per acre. All rules and regulations governing such contest, and the 
distribution of tlie prizes and the expenditure of the appropriation shah be under 
the direction and control of the Commissioner of Agriculture, Commerce and 
Industries, and the president and the professor of agriculture of Clemson Col- 
lege, who shall constitute a board for this purpose. 

1909, XXVI, 282. 

§ 815. Expenditure of Appropriation for South. Carolina Live Stock 
Association. — The amount specified for the South Carolina Live Stock Asso- 
ciation shall be expended for printing the proceedings of the annual m.eetings of 
the association and to pay the cost of distributing the same among the farmers 
of the' State and one copy to each member of the General Assembly. 

1909, XXVI, 282. 

§ 816. Payment of Amount Specified for Eradication of Cattle Ticks. 

— The amount specified for eradication of cattle ticks shall be paid out of any 
funds in the hands of the trustees of Clemson Agricultural and ^lechanical Col- 
lege, and to be expended by them in carrying out the provisions of the law. 
1909, XXVI, 282. 

§ 817. Payment of Loan to South Carolina Agricultural Society. — 

The amount specified as a loan to the South Carolina Agricultural Society shall 
be paid upon the execution and delivery by said society of its note for said 
amount payable to the State, twelve (12) months after date, with interest from 
date at six per cent. 

1909, XXVI, 282. 

§ 818. Custody of Moneys for Erection of State College Buildings. 

— All moneys appropriated to provide buildings for any of the State colleges 
shall remain in the State Treasury until the same shall be needed for the actual 
erection of the respective buildings for which the appropriation is made. 
1909, XXVI, 282. 

§ 819. Payment of Amounts Specified for Expenses of Supreme 
Court. — The amounts specified for expenses connected with the Supreme Court 
shall be paid upon the approval and order of the Chief Justice. The Justices of 
Supreme Court are hereby authorized, in their discretion, to exchange old or 
duplicate editions of books in said library for other books, to be selected by said 
justices. 

1909, XXVI, 283. 

§ 820. Expenditures of Amount Specified for Board of Fisheries.— 

The amount specified for the Board of Fisheries shall be expended as follows : 
For salary of chairman of Board of Fisheries, eighteen hundred ($1,800) dol- 
lars, and the remainder for other expenses of said board. As remuneration for 
the services required of them by law the County Treasurers of Beaufort. Colle- 
ton, Charleston, Georgetown and Horry Counties, shall each be paid by the 
State Treasurer, upon the warrant of the Comptroller-General, each year, from 
the moneys collected and paid into the State Treasury by him under the provisions 
of the Act regulating the Board of Fisheries, three per cent, of the amount so 
collected by him during that year. The provisions of the Act of 1908, for com- 
pensation of the Treasurer of Beaufort County in this behalf, is hereby repealed. 
1909, XXVI, 283. 



§§821-826] OF SOUTH CAROLINA. 253 

§ 821. Direction for Expenditure of Amount for Expense of Health 
Department. — The amounts specified for various expenses in connection with 
the Health Department shall be expended under the direction of the State Board 
of Health. The appropriation for carrying out the quarantine laws shall be ex- 
pended under the supervision and by the consent of the Governor: Provided, 
That the Governor is authorized, in case of emergencies demanding it, to borrow 
seven thousand dollars additional. 

1909, XXVI, 283. 

§ 822. Persons Entitled to Free Tuition at University of South Car- 
olina — Scholarships. — The children of professors of the University of South 
Carolina shall be exempt from tuition fees ; that there shall be one scholarship 
for each County in the Normal Department, being of the value of $100 each, 
besides the remission of tuition and matriculation fees, the beneficiaries to be 
selected under regulations to be prescribed by the Board of Trustees on the war- 
rant of the Comptroller-General : Provided, That suitable courses of study are 
provided in the said institution for the deserving of both sexes. 

1909, XXVI, 283. 

§ 823. Payment of Appropriation for Catawba Indians. — The appro- 
priation for the Catawba Indians shall be paid upon application of the agent : 
Provided, That said agent, before receiving his warrant, shall enter into bond in 
the sum of four thousand dollars, with security to be approved by the Governor, 
for the faithful discharge of his duty in the disbursement of any funds which 
may hereafter come into his hands. The said funds shall be divided among the 
Catawba Indians living in South Carolina : Provided, That the agent shall not 
receive exceeding three per cent, for receiving and disbursing any funds which 
may come into his hands as provided above. The Secretary of State shall issue 
the commission to said agent without charge; the appropriation for schools for 
the same shall be expended through their agent under bond as above specified. 

1909. XXVI, 284. 

§ 824. Compensation of Regents of State Hospital for Insane. — The 

Regents of the State Hospital for the Insane shall each receive four dollars per 
day for each day actually engaged in attending the meetings of the said board, 
and mileage at five cents per mile actually traveled. 

1909, XXVI, 284. 

§ 825. Appropriation for Penitentiary. — The balance in the hands of the 
directors of the State Penitentiary at the close of any year, together with all 
other amounts received, or to be received, from the hire of convicts or from any 
other source during the current fiscal year, are appropriated for the support of 
the penitentiary. The Superintendent of the Penitentiary be required, when 
called upon by the keeper of the State House and Grounds, to furnish such con- 
vict labor as he may need to keep said State House and Grounds in good order. 

1909. XXVI, 284. 

§ 826. Purpose of Appropriation for Pensions. — The appropriation for 
pensions is made for the purpose of carrying out the provisions of "An Act to 
provide for the relief of certain soldiers and sailors, and widows of certain sol- 
diers and sailors of late war between the States." approved December 24, 1887, 
■or Acts amendatory thereto, said appropriation to be paid at such time during 
the fiscal year as may be designated by the State Board of Pensions : Provided, 
That the Pension Board shall, before paying out any amount appropriated, re- 
vise the whole list of pensions, and only those to be found in actual need of sup- 
port, whose names are now on the list, or may hereafter be put thereon, shall 
receive pensions ; and it shall be the duty of the Pension Board to permit appli- 
cants for pensions to show by competent evidence that they are in actual need of 
support, and that the property they possess does not provide such support, either 
by reason of its condition or by their physical inability to make it so : Provided, 



254 CIJ'IL CODE [ §§ 827-832 

further^ That the Governor, Comptroller-General and Treasurer be, and they are 
hereby, authorized to borrow from time to time such amounts as may be neces- 
sary to meet this appropriation : Provided, further, That the Comptroller-Gen- 
eral is authorized to issue his warrants to the Clerk of the Court of the several 
Counties, for such amounts as may be determined as belonging to the pensioners 
of such county, to be disbursed by him according to law : Provided, That no sale, 
transfer, or assignment of any pension, except by the written order of the county 
pension commissioner, shall be valid : Provided, That all expenses incurred in 
the distribution of said fimd shall be paid out of the appropriation for pensions. 

1909, XXVI, 284. 

§ 827. Charges for Election Notices. — Xo more shall be charged or paid 
for any notice of election published in any newspaper than one dollar for 
seventy- five words for the first insertion and fifty cents for seventy-five words 
for the second or subsequent insertion, and the Secretary of State shall provide 
the form of notice for printing blanks, etc., for general election. 

1909, XXVI, 285. 

§ 828. Appropriation for Public Printing. — The appropriation for public 
printing shall include such sum or sums as may be authorized to be drawn from 
the State Treasury during any session on account of public printing for that ses- 
sion, and no amount in excess of the amount appropriated for any year shall be 
drawn or expended, any existing law to the contrary notwithstanding. The sum 
of $800 of the amount appropriated, if so much be necessary, shall be applied to 
the payment of and for binding the Acts, Journal and Reports and Resolutions 
of the General Assembly. 

1909, XXVI, 285. 

§ 829. Analysis of Mineral by Clemson Agricultural and Mechanical 
College — Compensation. — The Clemson Agricultural and Mechanical College 
shall analyze in the chemical laboratory all samples of rock, minerals, earths, and 
Avater receiv'ed from the Geologist for such constituents as may be designated, and 
shall make returns of such analysis to him upon completion of the same. The 
order in which analysis shall be made shall be that in which the samples are re- 
ceived from the State Geologist. The expenses of the analysis for the State Geol- 
ogist shall be paid out of funds of said college. 

1909, XXVI, 285. 

§ 830. Use by Historical Commission. — In addition to the appropriation 
for printing historical records, the Historical Commission may use therefor the 
proceeds of sale of hi.storical publications now on hand or hereafter issued by 
them : Provided, That one copy of each publication issued be sent to each of the 
State institutions of learning, and an account of sales of publications be filed 
with their report to the General Assembly. 

1909, XXVI, 286. 

§ 831. Payment of Amounts Specified for Expense of General Assem- 
bly. — That the amounts specified for expenses connected with the General As- 
sembly shall be paid by the State Treasurer upon the certificates of the Clerk of 
the Senate, attested by the President of the Senate, or of the Clerk of the House 
of Representatives, attested by the Speaker, or of the Chief Clerk of the Engross- 
ing Department, as the case may be. 

1909, XXVI, 286. 

§ 832. Mode of Payment of Appropriations Where No Direction Given. 

— Where no direction is given in this Article as to the manner in which a specific 
appropriation shall be paid, the same shall be paid under the direction of the 
Governor and the Attorney-General in such manner as will safeguard the inter- 
ests of the State. 
1909, XXVI, 286. 



§§833-839] OF SOUTH CAROLINA. 255 

§ 833. Certain Officers May Borrow Money on Credit of State. — That 
in anticipation of the taxes hereinbefore levied, the Governor and the State 
Treasurer and the Comptroller-General be, and they are hereby, empowered to 
borrow on the credit of the State so much money from time to time as may be 
needed to meet promptly at maturity the interest which shall mature on the first 
day of July and on the first day of January of each year, on the valid debt of 
the State, and to pay the current expenses of the State government for the cur- 
rent fiscal year, and for pensions : Provided, That the sum so borrowed shall 
not exceed five hundred thousand ($500,000) dollars. 

1909, XXVI, 286. 



ARTICLE 9. 
The State Librarian and Board of Trustees of State Library. 

Sec. Sec. 

834. State Librarian — How elected and 840. Duties and powers of Trustees. 

term of office. 841. Duty of Trustees as to unbound 

835. Duties. • volumes. 

836. Salary. 842. Trustees empowered to sell cer- 

837. Oath of office and bond. tain books. 

838. Board of Trustees for the State 843. Trustees to report to General As- 

Library. sembly annually. 

839. Powers of Board of- Trustees. 

§ 834. State Librarian — How Elected and Term of Office. — The Gen- 
eral Assembly shall elect a State Librarian, whose term of office shall be for 
two years, and until a successor shall be elected and qualified. 

Civ. '02, § 725; 1898, XXII, 764. 

§ 835. Duties. — The State Librarian shall have the charge and responsibil- 
ity for the safe keeping of the property of the State committed into the care of 
the said officer, and shall perform the duties required by, and shall otherwise act 
under the direction of the Board of Trustees as hereinafter constituted. 
Civ. '02, § 726; 1898, XXII, 764. 

§ 836. Salary. — The. salary of said officer shall be eight hundred dollars, 
and it shall be due and paid as the salaries of other State officers are due and 
paid. 

Civ. '02, § 727; 1898, XXII, 764; 1900, XXIII, 416. 

§ 837. Oath of Office and Bond. — The State Librarian, before entering 
upon the duties of the office, shall take and subscribe the oath prescribed in Sec- 
tion 26 of Article III of the Constitution, and shall also enter into a bond with 
the State, to be approved by and filed with the State Treasurer, in the sum of two 
thousand dollars, for 'the faithful discharge of the trust reposed. 

Civ. '02, § 728; 1898, XXII, 765. 

§ 838. Board of Trustees for the State Library. — The Governor, the 
Secretary of State and the Superintendent of Education, and their successors in 
office, ex officio, shall constitute a Board, to be designated and known as the 
Board of Trustees for the State Library, and shall be vested with the duties and 
powers hereinafter conferred to conduct, care for and foster the State Library 
so as to enhance its usefulness to the citizens of the State. 

Civ. '02, § 729; 1898, XXII, 765. 

§ 839. Powers of Board of Trustees. — The said Board shall have the 
power of expending any moneys appropriated for the increase of the State Li- 
brary in the purchase of suitable books and other matter of a literary and scien- 
tific nature and works of art appropriate to a complete library, as in the exercise 
of discretion may seem to be for the interest of the State Library. The Board 
shall also have the power to make convenient rules for its care and management. 



256 CIVIL CODE [ §§ 840-846 

which shall be printed and publicly displayed within the library hall, and so regu- 
late the conduct of the State Library as may best advantage the citizens of the 
State and increase its usefulness. 

Civ. '02, § 730; 1898, XXII, 765. 

§ 840. Duties and Powers of Trustees. — The said Board of Trustees 
shall be empowered to accept and retain donations of books and other property 
adding to the value of a public library, whether the donation be absolute or in 
trust, temporary or indefinitely, and shall likewise receive and disburse any funds 
obtained by gift, will or otherwise for the use of the State Library. 

Civ. '02, § 731; 1898, XXII, 765. 

§ 841. Duty of Trustees as to Unbound Volumes It shall be the duty 

of the said Board of Trustees to be caused to be bound any unbound volumes 
deposited in the State Library that in its judgment may be necessary, and shall 
cause the same to be stamped as the property of the State. The cost of binding, 
which may. not exceed the price charged by contract with the State at the time 
of such work, shall be paid out of the State Treasury upon the warrant of the 
said Board of Trustees. 

Civ. '02, § 732; 1898, XXII, 765. ♦ 

§ 842. Trustees Empowered to Sell Certain Books. — The said Board of 
Trustees are hereby empowered to sell any books of any kind, in the nature of 
public documents, or surplus books of other kinds, whether bound or unbound, in 
the State Library, at a fixed and reasonable price, and the proceeds of sales of 
the same shall be invested from time to time by the said Board in books for the 
increase of usefulness of the State Library: Provided, That sufficient copies be 
retained for the use of the General Assembly and for free distribution among 
public libraries and the governments of other States and of the United States. 

Civ. '02, § 733; 1898, XXII, 765. 

§ 843. Trustees to Report to General Assembly