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Joseph R. Cross
May 21, 1984
Digitized by tine Internet Archive
in 2010 with funding from
Lyrasis IVIembers and Sloan Foundation
http://www.archive.org/details/codeoflawsofsout01will
CODE OF LAWS
OF
South Carolina,
1902.
IN TWO VOLUMES.
VOLUME L
The Civil Code.
COLUMBIA, S. C.
THE STATE COMPANY, STATE PRINTERS.
1902.
flo-:)
Y<
Entered According to Act of Congress, in the Year 1902, by
William H. Townsend, as Code Commissioner of the State
of South Carolina, for the Use of Said State, in
THE Office of the Librarian of Congress,
AT Washington, D. C.
PREFATORY NOTE.
In publishing this edition of the Code, annotated under the Livingston Act,
23 Statutes at Large, 698, the Code Commissioner desires to acknowledge his
indebtedness to the Bar of the State for suggestions and memoranda furnished
him in the course of his work: To the family of the Hon. Silas Johnstone,
of Newberry, for their permission to use his statement of the Rule for the cal-
culation of annual interest in the note to Section 1660: To the Hon. O. W,
Buchanan for help from his edition of the Code of Civil Procedure, especially
in the Index: To Mr. R. W. Shand for the free use made of his Manual in
the annotations and indexing of the Rules of Court and Constitutions ; and to
Mr. William Elliott, Jr., who, when the Commissioner was engaged on other
parts of his work, completely annotated for him the Constitution of 1895 ; as
well as to the editors of the Revised Statutes of 1893 for its annotations re-
vised herein.
TABLE OF AMENDATORY STATUTES.
The Commissioner also desires to call attention to following index to Statutes
in the twenty-third volume Statutes at Large, passed at the same session as that
at which the Code was adopted, and which are amendatory thereto. The references
in numerals are to pages of Volume 23, Statutes at Large.
CIVIL CODE (BEING VOL. I., CODE OF LAWS S. C, 1902) AMENDED.
PAGE.
Sec. 12 Apportionment Representation 1 197
81 A. Committee to examine expenditures State Educational institutions 965
I2i-i29a. State insurance 969
203 Election precincts 977
237 Congressional districts 976, 1197
263 Enforcement payment of taxes 1132
27s Taxes on mines and mining claims 1 132
341 Compensation auditors 1075
349 Sale real property for taxes 973
363 Assessments for taxes 969
376 Compensation township assessors 10S4
378 Compensation County Board of Equalization 1085
406 Time for payment taxes 971
409 Distress on personal property for taxes 1132
412 Stay of collection of taxes 972
421 Enforcement payment of taxes 1132
430a Contracts to evade taxation 970
611 and 612. Itemized statement receipts by officers 1162
651 Salaries Circuit Solicitors 982
760 Salaries County Commissioners 1080
763 Salaries Clerks of County Board Commissioners 1083, 1082
763a Salaries Auditors and Treasurers 1083
766 Township Commissioners 1083
769 Reports of Supervisors 983
897 Coroners' salaries 1085
904 Clerk of Court's bond 983
1006 Magistrates in Anderson 997
1007 Magistrates in Bamberg 985
1008 Magistrates in Barnwell 984
loii Magistrates in Charleston 985
1016 Magistrates in Clarendon 985, 1167
1017 Magistrates in Colleton 1172, 1173
1020 Magistrates in Edgefield 986
1024 Magistrates in Greenville 989
1025 Magistrates in Greenwood 988
1030 Magistrates in Laurens 998
1032 Magistrates in Marion 989
VI TABLE OF AMENDATORY STATUTES.
PAGE.
1033 Magistrates in Marlboro ggi
1034 Magistrates in Newberry 993
1035 Magistrates in Oconee 1204
1036 Magistrates in Orangeburg 1210
1038 Magistrates in Richland 994, 1220
1040 Magistrates in Spartanburg •. 994
1043 Magistrates in Williamsburg 997
1065 Appropriation for pensions . . » 1029
1066 Who shall receive pensions 1029, 1032
1067 How distributed pensions 1031
1070, 1071, and 1071a County Pension Commissioner 1028
1083a County aid to Confederate pensioners 1032
1127 Dentists exempted from jury duty 1027
1 197 Salaries County Superintendent of Education 1083
1200 Compensation County Board of Education 1084
1202 School tax levy 1 132
1236a School funds from dispensary 1104
1239a School books for certain pupils 1020
1241a Payment school claims 1019
1241b Reserve fund for schools T020
13 13 s. d. 13. Clemson College experiments, etc 1025
1336 Width of roads 999
1337 Guide posts on roads 1005
1343 Opening and discontinuing ferries and roads 999, 1000
1345 Establishment, etc., of free ferries 999
1349 Supervision over roads, ferries, etc 999
1351 Road districts loio
1353 Road sections, overseers, etc 1009
1354 Repairs on highways and bridges 998, 1017
135s School trustees exempt from road duty 1021, 1003
1356 Commutation tax 1003
1358 Working roads in Colleton 1016
1359 Road duty in Pickens 1018
1364 Road hands subject to overseer 1003
1364 Road hands to be warned, etc 1004
1365 Road hands, removal of 1004
1366 Road hands, residences of 1004
1367 How roads shall be worked 1002
1368 Overseers responsible for tools 1004
1369 Overseers to turn over property, etc 1005
1370 Foot paths and bridges over streams 1005
1371 Tools, etc., to be furnished for roads _ 1006
1372 Road hands may be hired 1006
1373 Only public roads to be worked 1007
1374 Obstructions in roads, removal of 1007
1375 Obstructions in roads, penalty for 1007
1376 Obstructions in roads, by corporations 1008
1377 Obstruction drainage public roads 1008
1378 Railroad crossings over public roads 1009
TABLE OF AMENDATORY STATUTES. VII
1379 System of working public roads 1009
1380 Chaingang working public roads . . .^ 1013
1381 Contract system working public roads loii
1382 Levy tax for working public roads 1015, 1012
1383 List of road hands to be furnished 1013
1383 Credit for work of road hands 1012
1384 Commutation tax, how applied 1013
1386 Repair, etc., of bridges 1014
1387 Bridges over waters between counties 1014
1388 Bridges and mill dams, repair of 1015
1392 Proceedings to obtain right of way 1000
1393 Pay for right of way looi
1546a Public ginners' books for inspection 1021
15SS Cotton weighers ii7S
i6o7a-h. Anti-Trust laws 1057, 1063
1621 Pilotage, apprentices 1022
1625 Pilotage, number pilots 1023
1628 Pilotage, penalty on pilots, etc 1023
1333 Pilotage ground, Charleston 1024
1664a Usury, when corporation cannot plead 1022
1711a Common carriers, conversion of property 1052
1741a Boarding house and inn keepers 1021
1746 Hawkers and peddlers' licenses 1036
1747 Hawkers and peddlers', sale of medicine by iioi
1791 Foreign R. R. corporations, doing business, etc 1053
I79ia-c Foreign R. R. corporations, penalties 1054, 1055
i865a-b Corporations, voluntary dissolution 1036
1896a Corporations, directors number 1038
1917-1934 Foreign R. R. corporations, corporators, or owners to take
domestic charters 1053
1958 Towns of between 1,000 and 5,000 1046
1972a Towns and cities, liability for debt 1047
1973 Towns and cities, charters perpetual 1047
I993a-g Municipal courts in certain cities 1048
I993h-m Police commissions in certain cities 1050
1996a Municipal corporations, extension charters 1043
200ia Farm products marketing without license 1039
2007a Franchises for lights and water, etc , 1039
2008a Sewerage systems in municipalities 1040
20ioa Drains for surface water in municipalities 1038
2019 Refunding bonds of municipalities 1045
202oa Refunding bonds of school districts 1046
2050-2062 Consolidation of R. R. companies 1054
2131 Trains, etc., to stop at R. R. crossings 1056
2133a Hand cars near R. R. crossings 1055
2162a Spittoons in passenger cars 1056
2258 Patients State Hospital for Insane 1026
2333 License, gathering oysters, clams and terrapin 1098
23333. Reports by exporters of 1098
VIII TABLE OF AMENDATORY STATUTES.
PAGE.
2334 Dredge and nets to be used in 1099
2335 Evidence as to violations .....' 1099
2336 Arrests for violations 1099
2337 Inspector to enforce law 1 100
2345 Disposition of fees and penalties 1 100
2346 special provisions Charleston and Georgetown iioo
2501a Non-resident as executor 1064
2531 Qualification of appraisers 1065
2852 Lord Campbell's act 1071
2882 Depositions de bene esse 1072
2897 Proof of instruments, other than wills 1073
2909 Jury commissioners 1066
2909a Vacancy in, how supplied 1070
291 1 Preparation j ury lists 1066
2912 Preparation jury box, custody 1066
2913 Petit jurors, how drawn and summoned 1068
2915 Additional jurors, how drawn and summoned loOg
2916 Jurors selected by draft 1068
2918 Jurors publicly drawn 1008
2918a Jurors publicly drawn from tales box 1069
2919 Disposition of names drawn 1069
2921 Number jurors to be drawn 1069
2922-2923 Summoning jurors, by whom, when io6g
2924 Deficiency in jurors, how supplied 1069
2925 Special j ury list in certain cases 1070
2926 Irregularities, how cured 1070
2929-2931 Repealed by implication 1071
2940 Jurors to be empanelled 1069
3091 Charges for legal advertisements 1074
3096a Costs in criminal cases 1087
3107 s. d. 3 Salaries Clerks of court 1079
3124 Salaries coroners 1085
3132-3142 Repealed by implication 1086
CRIMINAL CODE OF 1902.— AMENDED.
Sec. 38 Grand Jurors, how drawn 1067
Sec. 39 Grand Jurors, how summoned 1068
Sec. 129 Manufacture, sale or carr\-ing of certain pistols 1093
Sec. 132a Sale of certain firecrackers 1095
Sec. 134 Kidnapping minors 1096
Sec. 152 Privily stealing from person or house 1094
Sec. 162a Altering or removing landmarks 1094
Sec. 189 Injuring telegraph, etc., poles 1102
Sec. 232a Unauthorized wearing Southern Cross ; 1097
Sec. 372a Use of certain bottles 1103
Sec. 377a Contracts in excess of tax levy ii33
Sec. 394a Penalty for failure to insure public buildings 969
Sec. 394a Failure supervisors to publish reports 983
TABLE OF AMENDATORY STATUTES. IX
PAGE.
Sec. 4S9 Failure to furnish list of employees 1003
Sec. 460 Failure to perform road duty 1004
Sec. 460a Improper use of road tools, etc 1006
Sec. 463 Failure of overseer to perform duty 1006
Sec. 465 Neglect of County Commissioners 1016
Sec. 466 Neglect of overseers 1017
Sec. 467 Commissioners not prosecuting overseer 1017
Sec. 468 Excessive expenditu^re on roads 1017
Sec. 469 Neglect of road officials in Newberry 1018
Sec. 474a Hand cars near crossings 1055
Sec. 484a Train robbing 1095
Sec. 484b Forcible entry on trains 1095
Sec. 489 Disclosure income tax returns 975
Sec. 528a Clams and oysters in Horry 1 188
Sec. 533 Violation terrapin, oyster or clam laws iioo
Sec. 533a False returns as to oysters, etc 1099
Sec. 552 Exporting or selling certain game 1096
Sec. 563 Dispensary law 1 105, 1206
Sec. 565 Dispensary profits, how disbursed 1104
Sec. 565a Dispensary profits, when disbursed 1104
CODE OF CIVIL PROCEDURE— AMENDED.
Sec. 18 Courts, First Circuit 1087
Sec. 22 Courts, Fifth Circuit 1088
Sec. 24 Courts, Seventh Circuit 1089
Sec. 278 Stenographer's fees 1086
Sec. 345 s. d. I. Notice of appeal, etc 1092
TABLE OF CONTENTS.
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.
PAGE.
Chapter I. — The Jurisdiction of the State and Cessions to the United
States I
Chapter II. — Of the General Assembly.
Article i. General provisions 22
Article 2. Claims against State '^■1
Article 3. Introduction of measures for private relief 28
Article 4. Special provisions as to Legislative enactments 30
Chapter III. — The Public Printing 31
Chapter IV. — The Statutes 36
Chapter V. — Reports and Documents and Committees to Examine
State Offices and Penal and Charitable Institutions. . 40
Chapter VI. — The Public Property 44
Article i. Charge of the property of the State; the Sinking Fund
Commission 45
Article 2. Land containing phosphate rock, shell fish, oyster beds and
phosphatic deposits 62
Article 3. Other property of State — miscellaneous provisions 69
Chapter VII. — The Census ■ 7i
TITLE 11.
Of Elections.
Chapter VIII. — The Qualification and Registration of Electors 74
Chapter IX. — Location and Names of Voting Precincts 87
Chapter X. — The Manner of Conducting Elections and Returning
Votes
Article i. The general election 97
Article 2. Commissioners and Managers of Election 98
Article 3. Formation and Proceedings of the Board of County Can-
vassers 102
Article 4. Formation and Proceedings of the Board of State Can-
vassers 105
XII TABLE OF CONTENTS.
PAGE.
Chapter XL — The Election of Representatives in Congress and Electors
of President and Vice-President.
Article i. Election of Representatives in Congress 107
Article 2. Election of Electors of President and Vice-President, and
formation and proceedings of the Electoral College. . . . 109
Chapter XII. — The election of County Officers 112
Chapter XIII. — Primary Elections 113
TITLE III.
Of the Assessment and Collection of Taxes.
Chapter XIV. — The Assessment of Taxes.
Article i. Subj ects and lien of taxes 116
Article 2. Definition of terms 118
Article 3. Property exempt from taxation 120
Article 4. General rules as to the return and assessment of property. 122
Article 5. Special provisions as to returns of manufacturers, and
pawnbrokers, and respecting mines and mining 126
Article 6. Special rules as to returns and assessments of railroad,
express, telegraph and insurance companies, and pro-
visions as to other corporations 128
Article 7. Special rules as to persons, firms -or corporations engaged
in textile industries, and canals providing power for
rent or hire, and cotton seed oil companies and fertilizer
companies 144
Article 8. Special rules as to banks and bank stock and unincorpo-
rated bankers and banking associations 14S
Article 9. Tax on incomes, special rules for 149
Article 10. Proceedings on default of return and penalties therefor —
valuation of property for taxation 151
Article 11. The County Auditor — appointment, tenure of office, and
general powers and duties I54
Article 12. Boards of Assessors and of Equalization 168
Chapter XV. — The Collection of Taxes.
Article i. The County Treasurer — appointment, tenure of office, com-
pensation, &c 178
Article 2. Powers and duties of County Treasurer, and general pro-
visions concerning the collection of taxes 180
Article 3. Remedies and proceedings for relief of taxpayers 186
Article 4. Enforced collection of delinquent taxes 190
Article 3. Annual settlements of County Treasurers. ..." 196
TITLE IV.
Chapter XVL— Of the Militia.
Article i. General provisions I99
Article 2. The Adjutant and Inspector General 204
Article 3. Organization — election of officers, &c 207
TABLE OF CONTENTS.
XIII
Article 4. South Carolina Volunteer Troops in the City of Charleston. 212
Article 5. Arms, parades, drills, &c 214
Article 6. Courts-Martial and Courts of Inquiry 219
TITLE V.
Of Counties.
Chapter XVII.— Of Counties and their corporate powers.
TITLE VI.
225
Of State and County Officers.
Chapter XVIIL— General Provisions Relating to Public Officers.
Article i. Official oaths and bonds 247
Article 2. Sale of public offices 255
Article 3. Miscellaneous provisions 256
Chapter XIX.— The Executive Department and Officers Connected
Therewith.
Article i. General provisions 259
Article 2. Governor and Lieutenant Governor 260
Article 3. The Secretary of State 264
Article 4. The Attorney General and Solicitors 267
Article 5. State Constables 270
Article 6. Notaries Public 272
Article 7. Commissioners of Deeds 273
Article 8. The Comptroller General 274
Article 9. The State Treasurer 279
Article 10. The State Librarian and Board of Trustees of State
Library - 286
Article 11. The State Geologist 287
Article 12. State Entomologist and State Board of Entomology 289
Chapter XX. — County Officers.
Article i. The County Supervisor and Board of Commissioners 292
Article 2. The Sheriff 3i3
Article 3. The Coroner 329
Article 4. The Clerk of Circuit Court 222>
Article 5. The Register of Mesne Conveyances 348
Article 6. The Judge of Probate 35i
Article 7. The Master _ 356
Article 8. Magistrates— their Courts, powers, duties and salaries, and
the salaries of their Constables 361
Article 9. Constables 4o6
TITLE VII.
Of Public Charges.
Chapter XXL— Paupers 409
Chapter XXII.— Pensions 4i3
XIV TABLE OF CONTENTS.
PAGE.
TITLE VIII.
Of the Public Health.
Chapter XXIII. Boards of Health — Physicians, Apothecaries, Dentists,
and Quarantine.
Article i. Boards of Health 420
Article 2. Physicians, apothecaries and dentists 430
Article 3. Quarantine 438
TITLE IX.
Of Public Instruction.
Chapter XXIV.— Free Public Schools 45°
Chapter XXV. — The State University.
Article i. State colleges in general 482
Article 2. The South Carolina College 483
Article 3. The South Carolina Military Academy 486
Article 4. The Winthrop Normal and Industrial College of South
Carolina 489
Article 5. The Colored Normal, Industrial, Agricultural and Me-
chanical College of South Carolina 492
Chapter XX VI.— The Clemson Agricultural College 494
Chapter XXVII. — South Carolina Institute for the Education of the
Deaf, Dumb and Blind 503
TITLE X.
Of Ways, Bridges, Ferries, Dams and Drains, General Stock Law.
Chapter XXVIIL— Of Highways 505
Chapter XXIX. — Water Courses and Cuts 53i
Chapter XXX. — Bridges, Turnpikes and Ferries.
Article i. Bridges 536
Article 2. Turnpike roads and bridges 538
Article 3. Ferries and bridges 539
Article 4. Miscellaneous provisions 544
Chapter XXXL— The Saluda Mountain Road 547
Chapter XXXIL— Dams and Drains and Drainage in certain Counties.
Article i. Dams and drains 548
Article 2. Drainage in certain Counties 553
Article 3. Rights of way for drainage 564
Chapter XXXIIL— General Stock Law and Fencing Stock; and Special
Provisions as to Fencing Fields and Crops in
Places Excepted.
Article i. General Stock Law 560
Article 2. Special provisions — fencing fields and crops in places ex-
cepted 568
TABLE OF CONTENTS.
XV
TITLE XI.
Of the Regulation 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 Tim-
ber and Lumber.
Article i. Commercial fertilizers 594
Article 2. Cotton 600
Article 3. Inspection of flour ; grain 610
Article 4. Gauging liquors — naval stores 616
Article 5. Pork and beef ; rice ; staves and shingles 619
Article 6. Inspection of timber and lumber 621
Chapter XXXV. — Auctions and Vendues 623
Chapter XXXVI. — Weights and Measures 624
Chapter XXXVII. — Pilotage and Harbor Commission 625
Chapter XXXVIII. — Money; Interest; Bills of Exchange and Promis-
sory Notes ; Agency.
Article i. Money — interest 642
Article 2. Bills and notes 648
Article 3. Agency 653
Chapter XXXIX. — Limited Partnerships 654
Chapter XL. — Common Carriers, Warehousemen and Other
Bailees for Hire 659
Chapter XLI. — Hawkers and Peddlers 670
Chapter XLII. — Pawnbrokers 671
TITLE XII.
Of Corporations and Unincorporated Associations.
Chapter XLIII. — Banks and Banking 674
Chapter XLIV. — Foreign Corporations Generally 680
Chapter XLV. — Insurance Companies 685
Chapter XL VI. — Fraternal Beneficial Associations 699
Chapter XLVII. — Provisions Applicable to Corporations Generally. .. 706
Chapter XLVIII. — Private Corporations Organized Under General
Laws.
Article i. Business corporations 720
Article 2. Charitable, social and religious societies 729
Article 3. Mutual protection associations 732
Article 4. Railroad, steamboat and canal companies 734
Chapter XLIX. — Municipal Corporations.
Article i. Towns of less than 1,000 inhabitants 740
Article 2. Towns of less than 5,000 and more than 1,000 inhabitants. . 747
Article 3. Towns of more than 5,000 inhabitants 750
Article 4. Provisions common to towns and cities containing over
1,000 inhabitants 755
XVI
TABLE OF CONTENTS.
PAGE.
Article 5. Special provisions as to cities containing more than ten
thousand inhabitants 760
Article 6. General provisions as to- towns and cities 765
Chapter L. — Railroads — General Law.
Article i. General provisions 778
Article 2. Formation of corporations by purchasers 784
Article 3. Consolidation of companies and other provisions 787
Article 4. The Railroad Commissioners 794
Article 5. Provisions as to discrimination and unreasonable charges. 801
Article 6. Regulations as to running trains on Sunday and carriage
of animals 817
Article 7. Regulations for the prevention of accidents and concern-
ing the responsibility therefor 819
Article 8. Regulations for the accommodation, convenience and pro-
tection of passengers and in respect to merchandise. . . . 828
Article 9. Railroad crossings ; cattle guards 834
Article 10. Rights of way 836
Article 11. Penalties and forfeitures, to and by railroads 842
Chapter LI. — Telegraph, Telephone and Express Companies 846
Chapter LIL — Unincorporated Joint Stock and Other Associations... 851
Chapter LIIL — Draining Corporations 853
TITLE XIIL
Of the Internal Police of the State.
Chapter LIV. — The State Hospital for the Insane 858
Chapter LV. — Estrays 867
Chapter LVI. — Wrecks and Shipwrecked Goods 870
Chapter LVII. — Immigrants and Seamen 872
Chapter LVIII. — Gambling Contracts and Contracts of Sale for Future
Delivery.
Article i. Gambling contracts 875
Article 2. Contracts of sale for future delivery 877
Chapter LIX. — Licenses for Plays and Shows 879
Chapter LX. — Protection of Fish, Oyster Beds and Sheep 881
TABLE OF CONTENTS. XVII
PART II.
OF THE ACQUISITION, THE ENJOYMENT AND THE TRANS-
MISSION OF PROPERTY, REAL AND PERSONAL; THE DO-
MESTIC RELATIONS; AND OTHER MATTERS CONNECTED
WITH PRIVATE RIGHTS.
TITLE I.
Of Real Property.
PAGE.
Chapter LXI. — Tenure of Lands ; Confirmation of Certain Titles ;
Titles to Catawba Indian Lands.
Article i. Tenure of lands and confirmation of certain titles 892
Article 2. Titles to Catawba Indian lands 896
Chapter LXII. — Legal Formalities ; Construction and Operation of
Conveyances and Mortgages of Land, and Other
Instruments Affecting Property.
Article i. Form and execution of conveyance of land 898
Article 2. Certain conveyances, &c., void 900
Article 3. Mortgages of land and satisfaction thereof 905 ■
Chapter LXIII. — Dower and Allotment Thereof.
Article i. Renunciation of dower and when the right shall be barred
or forfeited 908
Article 2. Mode of divesting right of insane married women 912
Article 3. Proceedings for allotment of dower 914
Chapter LXIV. — Estates for Life and Years ; Landlord and Tenant ;
Joint Tenants and Tenants in Common; Better-
ments ; Miscellaneous Provisions Concerning
Real Estate.
Article i. Estates for life and for years 920
Article 2. Landlord and tenant 922
Article 3. Joint tenants and tenants in common 931
Article 4. Betterments 935
Article 5. Miscellaneous provisions concerning real estate 938
TITLE IL
Chapter LXV. — Registration of Legal Instruments 940
TITLE III.
Chapter LX VI. — Limitation of Estates 944
TITLE IV.
Chapter LXVII. — Intestates' Estates 945
XVIII TABLE OF CONTENTS.
PAGE.
TITLE V.
Chapter LXVIIL— Wills 951
TITLE VI.
Of the Settlement of Estates of Deceased Persons^ Trusts, and Special
Provisions Relating to Trusts.
Chapter LXIX. — Letters Testamentary and Proceedings on the Pro-
bate of Wills 961
Chapter LXX. — Administration of Intestates' Estates, and Derelict
Estates 963
Chapter LXXI. — Inventories and Appraisements 972
Chapter LXXII. — Payments of Debts and Legacies.
Article i. Payment of debts and legacies 973
Article 2. Sale of land in aid of deficient personal assets to pay debts. 975
Chapter LXXIII. — Accounts and Commissions of Executors and Ad-
ministrators 979
Chapter LXXIV. — Settlement and Distribution of Intestate Estates. ... 982
Chapter LXXV. — Liability of Heirs and Devisees 985
Chapter LXXVI. — Trusts, and Special Provisions Relating to Trusts.. 987
TITLE VII.
Of Title to Property by Special Provisions of Law.
Chapter LXX VII. — Sales by Executors, Administrators and Fiduciaries. 992
Chapter LXXVIII. — Sales Under Execution and by Judgment Debtors.
Article i. Sales under execution 995
Article 2. Sales by judgment debtors 1000
Chapter LXXIX. — Homesteads looi
Chapter LXXX. — Assignments for Benefit of Creditors loii
TITLE VIII.
Chapter LXXXI. — Prevention of Frauds and Perjuries 1017
TITLE IX.
Of the Domestic Relations.
Chapter LXXXII. — Husband and Wife.
Article i. Marriage 1021
Article 2. Rights and liabilities of husband and wife 1024
Chapter LXXXIII. — Guardians and Wards ; Minors.
Article i. Guardians in general 1028
Article 2. Public Guardians 1031
Article 3. Testamentary Guardians 1033
Article 4. Miscellaneous provisions relating to minors 1034
Chapter LXXXIV. — Change of Names ; Adoption of Children 1036
Chapter LXXXV. — Masters, Apprentices and Laborers.
Article i. Master and apprentice 1038
Article 2. Protection of laborers 1041
TABLE OF CONTENTS. XIX
PART 111.
OF COURTS AND JUDICIAL OFFICERS, AND PROCEEDINGS IN
CIVIL CASES.
TITLE I.
Of Courts and Judicial Officers.
PAGE.
Chapter LXXXVI. — Supreme Court and Its Officers 1045
Chapter LXXXVII. — Circuit Courts and Judges 1050
Chapter LXXXVIII. — County Courts 1056
Chapter LXXXIX. — City Court of Charleston 1064
Chapter XC. — Court for the Arbitration of Mercantile Disputes
in the City of Charleston 1068
Chapter XCI. — Attorneys, Solicitors and Counsellors 1075
Chapter XCII. — Special Provisions Respecting Courts and the Ad-
ministration of Justice.
Article i. Special provisions respecting Courts and the administra-
tion of j ustice 1077
Article 2. Certain rights and remedies 1082
TITLE II.
Of Actions and Proceedings Therein.
Chapter XCIII. — Actions by and Against Executors and Administra-
tors 1087
Chapter XCIV. — Witnesses and Evidence.
Article i. Attendance of witnesses 1090
Article 2. Examination of witnesses by commission 1092
Article 3. Examination of witnesses before Clerk and deposition de
bene esse 1096
Article 4. General provisions respecting evidence 1099
Chapter XCV. — Jurors and Juries.
Article i. Jury Commissioners, drawing and summoning Jurors 1106
Article 2. Qualification, exemption, empanelling and pay of Jurors. . .1117
Article 3. Objections to Jurors — verdict 1121
Article 4. Miscellaneous provisions 1 123
TITLE III.
Remedies Relating to Real Property.
Chapter XCVI. — Certain Proceedings by Remaindermen, Heirs, &C....1124
Chapter XCVII. — Forcible Entry and Detainer, and Summary Ejectment
of Trespassers.
Article i. Forcible entry and detainer 1126
Article 2. Summary ejectment of trespassers 1128
Chapter XCVIII. — Escheats 1 129
XX TABLE OF CONTEXTS.
TITLE IV.
Of the Writ of Mandamus axd Proceedings in Special Cases.
PAGK.
Chapter XCIX. — The Writ of Mandamus 1 136
Chapter C. — Chattel ]\Iortgages and Liens.
Article i. Chattel mortgages 1 137
Article 2. Liens on lands and buildings for labor and material 1140
Article 3. Liens on ships and vessels for labor and material 1148
Article 4. Liens on railroads for work or material 1150
Article 5. Agricultural liens 1151
Article 6. Liens of owners of stock animals 1156
Article 7. Liens of employees in factories, &c 1157
TITLE V.
Of Proceedings for the Relief of Persons Arrested in Civil Actions.
Chapter CI. — Of the Discharge of Prisoners as Insolvent Debtors. .1158
TITLE VI.
Of Legal Notices, Legal Holidays ; and Costs and Fees.
Chapter CII. — Publication of Legal Notices ; Legal Holidays 1165
Chapter CIII. — Costs and Fees of Attorneys and Other Officers 1168
APPENDIX TO VOLUME I.
List of Repealed Statutes 1211
TABLE OF CONTENTS XXI
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 Co-
lumbia on the Fourteenth Day of January, A. D. ipo2, and was adjourned
without day on the Tzcenty-second day of February, A. D. ipo2-
M. B. McSwEENEY^ Governor. Jas. H. Tillman, Lieutenant-Governor and
ex officio President of the Senate. W. F. Stevenson, Speaker of the House
of Representatives. Robert R. Hemphill, Clerk of the Senate. T. C.
Hamer, Clerk of the House of Representatives.
AN ACT TO Declare the Code as Submitted by the Code Commissioner of
South Carolina to be the Only General Statutory Law of the State.
Section i. 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, 1902"; and said Code is hereby declared
to be the only general statutory law of the State on the 14th day of January,
1902.
Sec. 2. This Act shall take effect immediately upon its approval.
Approved the 6th day of February, A. D. 1902.
CERTIFICATE OF COMMISSIONER.
I hereby certify that the following 1719 pages are the Code reported by the
Code Commissioner under and in accordance with Sec. 5, Art. 6, of the Con-
stitution. W. H. TOWNSEND,
Code Commissioner for South Carolina.
PART I.
Of the Internal Administration of the Government.
TITLE I.
OF THE JURISDICTION OF THE STATE— GENERAL
ASSEMBLY —STATUTES— PUBLIC RE-
PORTS AND DOCUMENTS-
PUBLIC PROPERTY-
CENSUS.
Chapter I. Of the Jurisdiction of the State, and Places
Ceded to the United States.
Chapter II. Of the General Assembly.
Chapter III. Of the Public Printing.
Chapter IV. Of the Statutes.
Chapter V. Of the Public Reports and Documents.
Chapter VI. Of the Public Property.
Chapter VII. Of the Census.
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. Reciprocity as to chartered
privileges between Georgia
and South Carolina.
3. Places ceded to the United
States and subject to con-
current jurisdiction, viz. :
1. Light-house on Middle
Bay Island, in Charles-
ton Harbor.
2. Seven acres of land on
North Island, George-
town County.
Sec. 3. — Continued.
3. Fort Moultrie, on Sulli-
van's Island, Charles-
ton County.
4. Fort Johnston, Charles-
ton County.
5. Fort Pinckney, Charles-
ton County.
6. Sand-bank, on Southeast
Point of Charleston.
7. Ten acres on Blythe's
Point, Sampit River, in
Georgetown County.
CIVIL CODE
A, D. 1902.
Sec. 3. — Continued.
8. Mustard Island, and sev-
en acres on St. Helena
Island, Beaufort Coun-
ty.
9. Five acres in Beaufort,
Beaufort County.
10. Fort Mechanic, Charles-
ton County.
11. One hundred feet on
Haddrell's Point, Char-
leston County.
12. One acre on Otter Is-
land, Colleton County ;
one acre on Station
Creek, and one acre on
Bob's Island, Beaufort
County.
13. Sites on Sullivan's Is-
land, James' Island and
Shute's Folly Island,
Charleston County.
14. A lot on South Island,
Georgetown County.
15. Five acres in Charleston
for a Custom House.
16. A site for a light-house
on Morris Island, Char-
leston County.
17. Same on Thomas' Island.
18. Sites on North and
South Island Points,
near Georgetown, in
Georgetown County.
19. Same on Cape Island,
Charleston County.
20. Site in Charleston, for
harbor light.
21. Site for beacon, in range
with Charleston Light
House. Site for day-
beacon for St. Helena
Sound, Beaufort Coun-
ty.
22. Sites for beacons for Cal-
labogue Sound, Beau-
fort County.
23. Sites at North Bdisto,
Charleston County.
24. Site on Hunting Island,
Beaufort County.
25. Site on or near Hilton
Head, Beaufort County.
26. Fifty feet on South Bat-
tery, Charleston.
27. Site at Mount Pleasant,
Charleston County.
Sec. 3. — Continued.
28. Site at White Point,
Charleston County.
29. Site at Fort Point,
Georgetown County.
30. Site of land known as
''Charleston Club
House," on Meeting
Street, in Charleston.
31. Half an acre in Colum-
bia, corner of Richard-
son and Laurel Streets.
32. The National Cemetery
in Florence County.
33. Shore line of Morris Is-
land and of Sullivan's
Island for the erection
of the Jetties for Char-
leston Harbor.
34. Certain lands in George-
town County, between
Winyah Bay and San-
tee River.
35. Certain lands ceded for
Georgetown jetties.
36. 37 and 38. Certain lands
in Moultrieville, Sulli-
van's Island, ceded for
fortifications.
39. Certain lands in Charles-
ton Harbor ceded for
sanitarium.
4. Land may be purchased by
United States for arsenals
and magazines.
5. If parties cannot agree, land
to be valued.
6. Concurrent jurisdiction re-
tained by the State.
7. Sites for light stations on
land.
8. Submarine sites for light-
houses and other aids to
navigation.
9. Jurisdiction ceded to the Uni-
ted States over all lands ac-
quired for public purposes.
Jurisdiction not to vest un-
til after acquisition of title
from owners, and to be con-
current with State jurisdic-
tion.
10. Lands exempt from State tax-
ation.
11. Consent given to acquisition
of lands by United States
for Forest Reserve.
Jurisdiction
of the State
oiina""' tends to all places within its bounds, which are hereby declared
Section 1. The sovereignty and jurisdiction of this State ex-
G. s. I ; R. to be as follows
OF SOUTH CAROLINA.
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 i,,^-"*"^^^ °*
two miles northwest of one of the branches of Little Pee Dee
River; thence, in the same direction, twenty-two miles, to a ^^"""^^y °^
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 Tryon 17!,"'"^^^ °^
Mountain ; thence, from a stone set up and marked "S. C. and
N. C, September 15th, 1815," running west four miles and ^^^^y^^^ °^
ninety poles, to a stone marked "S. C. and N. C. ;" thence south, q^^ swain-
twenty-five degrees west, one hundred and eighteen poles, to a f'^ ^09; iSis,
chestnut on the top of the Ridge dividing the waters of the
North Fork of Pacolet River from the waters of the North
Fork of the Saluda River ; thence along the various courses of
the said Ridge, (agreeably to the Plat and Survey of the Com-
missioners and Surveyors accompanying their report, dated 2d
November, 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 N. C, September 28th, A. D. 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 1797,
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 Watkins' Di-
Savannah River, from its entrance into the ocean to the conflu- ^^^ ' ^ *
ence of the Tugaloo and Seneca Rivers ; thence by the Tugaloo vention, p. l.,
River to the confluence of the Tugaloo and Chatooga Rivers ; 41°.' ^^
thence by the Chatooga River to the North Carolina line afore-
said, in the thirty-fifth degree of north latitude, the line being
CIVIL CODE
low-water mark at the southern shore of the most northern
Shuitz V. stream of said rivers where the middle of the rivers is broken by
Bank, U. S. b. i • n
c, 1822, MS , islands ; and middle thread of the stream where the rivers flow
per Johnson, J. '
, in one stream or volume.
H a n d y V. .
Anthony, Ohio Qn the east, the State is bounded bv the Atlantic Ocean, from
River Case, U.
s. s. c, 5 the mouth of the Savannah River to the northern boundary.
Wheat., 374.
Original Char- ^ear the mouth of Little River, including all the islands.
ters S. C. r ^ . . , J
Trott's Laws. gec. 2. Any charter or franchise granted, or to be granted,
„ . - bv the State of Georgia, for the purpose of building and estab-
Reciprocity J ° ' A ittiiii
as to chartered Hshiue bridges or ferries over the Savannah River, shall have
privileges be- ° *= ,..,.. rio
tween Georgia f^H effect withiu the limits and jurisdiction of the State ot
and south Car- . ,, ...
oHna. South Carolina, to the same extent, m all respects, as if such
G. S. 2; R. charter or franchise had been granted by the State of South
Carolina: Provided, That the State of Georgia do, by law,
„ ^.,-r provide that equal effect be given in the State of Georgia to
1851, XII., 119. -t^ ^ *= 11111
charters and franchises granted by this State ; and that the legal
validity and eft'ect of a charter, granted by either of the said
States for the purposes aforesaid, shall be subject to this limi-
tation 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.
Places ceded gee. 3. In resoect to the places within the boundaries ceded
to the United ^ _f ,..,.. ^ ^ . c^
States, and by the State to the United States, the jurisdiction of this State
subject to con- - . ^ ,. .
current juris- Js coucurrcut with that of the United States, according to the
diction.
— -— T- terms, of cession in each case respectively.
G. S. 3 ; R.
s. 3- The places ceded are as follows :
Light-house I. The light-house on J\liddle Bay Island, within the bar of
FsU n d,^ ^i^n Charleston harbor, bounded, to the north, by a small inlet pass-
Harbor.^ ^ * ° '^ ing between the said island and jMorris Island ; to the south, by
1790, v., 14S. an inlet called the Folly Inlet; to the east, by the Atlantic
Ocean ; and to the west, by a sound or creek passing between
the said Aliddle Bay Island and the other island aforesaid ; to-
gether 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, maga-
zines, arsenals, dockyards and other needful buildings, and the
appointment of officers, and general regulation of the said light-
house, forts, magazines, arsenals, and dock-yards, in fee simple
in as full, ample and eft'ectual manner as the premises could be
granted, aliened, transferred, conveyed and confirmed, by any
OF SOUTH CAROLINA.
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 re-
build, 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 naviga-
tion ; and that all expenses which shall accrue in, for, and about
the said light-house, or the leading marks and buoys above men-
tioned, shall be defrayed out of the Treasury of the United
States.
2. Seven acres of land on North Island, in Georgetown Seven acres
oflandon
County, butting and bounding to the eastward on the sea, to the North island,
, _, . , - Georgetown
west and north by lands belongmg to Paul Trapier, and to the County.
south by Winyah Bay: Provided, nevertheless, That nothing 1797. v., 309-
contained in this cession shall be construed to exclude or pre-
vent 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.
-?. All the lands reserved for Fort Moultrie, on Sullivan's Is-
. 1 1 1 1 11 J F°''t Moul-
land, in Charleston County — provided the same shall not exceed trie on Suiu-
r r -r- ■ 11 Ml- van'sf^ Island,
five acres — with all the forts, fortifications, and buildings Charleston
1 1 1 • r 1 Cotintv.
thereon, together with the canal leading from the cove on the
back of the fort, nearly up to the same, as delineated on the § i. ' "
plan of Charleston harbor by Col. Senf, in the Secretary of
State's office at Columbia.
4. The hiarh lands and part of the marsh belonging to Fort Fort john-
*= ^ .„,,,- ston, Charles-
Johnston, as delineated on the said plan of Charleston harbor — ton Co.
provided the same shall not exceed twenty acres — including the it.
present site of Fort Johnston.
c;. The land on which Fort Pinckney is built, and three acres Fort Pinck-
•^ ■' ney, Charles-
around the same — Charleston County. ton Co.
6. A portion of the sand bank marked "C," on the southeast- it.
ernmost point of Charleston, as delineated on the said plan of on ^'southeast
/—I 1 J 1 1 j_ J • J. Point of Char-
Charleston harbor, not exceeding two acres. leston.
7. A lot, not exceeding four acres, for a battery or fort, and Jj^_ '
necessary buildings, on Dr. Blythe's point of land, at the mouth giyt^he's'^Point!
of Sampit River, Georgetown County, and a quantity of land, i^^'c^ioreetown
not exceeding six acres, on Dr. Blythe's said point of land, at^
the mouth of Sampit River, adjoining, and in addition to, theg^^j^s, v., soi,
said four acres, and for the same purposes.
; CIVIL CODE
A. D. 1902.
^-"V"*^ 8. Mustard Island, opposite Paris Island, in Beaufort River,
la^'an^'^seven ^^^ ^ tvsLCt of land on St. Helena Island, opposite the same, not
HefenaTsiand exceeding seveu acres — Beaufort County.
Beaufort Co. g^ Ffye acres of the public lands, near the town of Beaufort,
^^- including the site of Fort Lyttleton, Beaufort County, for the
m^Blau/or?P^^P°^^ ^^ erecting a fort.
Beaufort Co. jq. The lots or tracts of land whereon Fort Mechanic is
1808, v., 576, erected, and such other lots and parcels of land as may be con-
Fort Mechan- sidercd necessary to that establishment, so soon as they shall
Co ^^^'■^"^°" have been conveyed by Christopher Williman and William
1813 V 606 Holmes to the United States, for all purposes necessary to the
§ ^- maintenance of a military post : Provided, however. That noth-
ing 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 exe-
cuted within the limits of the said lots or tracts of land so to be
conveyed by the said Christopher Williman and Wm. Holmes
to the United States : And provided, also. That nothing con-
tained 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 of juris-
diction in and over the land aforesaid.
feet'^^n^^Had^ ^^' ^"^ hundred feet square of land, on Haddrell's Point,
cfhlr^ •^?^'^^ Charleston County, (conveyed by Mrs. Rebecca Bee Barks-
Co- dale, for the use of the United States,) for the purpose of erect-
1823, VI., 220. ing 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.
One acre on 12. One acre of land on Otter Island, in Colleton County,
Colleton Co.; for a Hght-house ; one acre of land on the north side of Station
Station Creek, Creek, near St. Helena Island, in Beaufort County, for the
on Bob's Is- erection of a beacon-light ; and one acre of land on Bob's
Co. ' Island, at the entrance of Scull Creek, in Beaufort County,
1837. VI., 569. for the erection of a beacon-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 Government of this State, and the jurisdiction,
laws, and authority thereof, in the same manner as if this
OF SOUTH CAROLINA.
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.
The said lands shall be forever exempt from any taxes to
be paid to this State.
13. The lands, forts, fortifications and sites for the erec- Sites on Sui-
tion of forts on Sullivan's Island, James' Island, and Shute's james' island^
Folly Island, in Charleston County, as delineated in a plan of Folly island,
survey, made by Robert Q. Pinckney, on the 17th November, Co.
1846, under direction of commissioners appointed under Reso- 1846, xi., 366.
lution of 1845, which lands, sites, forts and fortifications so § 1' '' ^^*'
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 any part 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 provided,
also, That nothing herein contained shall be construed to inter-
fere 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.
14. A lot on South Island, in Georgetown Countv, on tlie„A lot on
. South Island,
southern edge of Winyah Entrance, for a light-house, which Georg e t o w n
lot shall, during the continuance of the said light-house, be —
. . f^ . , 1847, XI., 442.
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 iti 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 build-
ing, erection, repairing, or internal government of the said
I CIVIL CODE
A. D. 1902.
^*"*'"Y-'*^ light-house, and of the officers and persons by them to be em-
ployed in and about the same,
c^rieston^for ^5- ^ l^^j ^o^ to exceed five acres, in the City of Charleston,
House" ^^'°^ for the erection of a custom house ; which lot, and the buildings
1848 XI S14. erected thereon, shall be exempt from any tax to be paid to this
A site for a State I Provided^ That all process, civil or criminal, issued
M?i^s°Ts1an°d! ^^^^^ the authority of this State, or any officer thereof, shall
Charleston Co. 3^^ j^ j-^^y -[^g served and executed on any part of said land, and
1853, XII., 295- on any person or persons there being and implicated in matters
tA^^/=> °Tf of law.
in o m a s is-
^^°'^- 16. A site on IMorris Island, for a beacon or light-house —
<3 ; ft" ,. r.^ Charleston Countv.
aiteson
South* ^isl^d ■^7- -^ ^^^^ '-'^ Thomas' Island, for a beacon or light-house.
George towV ■^^- Sites for three beacons, to be placed on or near Xorth
Georg e t o w n ^j^(| South Island Points, in the vicinity of Georgetown —
j^ Georgetown County.
Cap^e^isiantf ^9' ""^ ^^^^ '^^ Cape Island, on some point in the immediate
Charleston Co. yjcinitv of the present light-house, on Cape Romain, for a
^^- light-house — Charleston County,
lefton for'har- ^°- -"^ ^^^^ °^ ^^^ East Battery, in the City of Charleston, for
bor Ught. 2i beacon or harbor-light.
^^- Xone of the sites ceded in sub-divisions i6 to 20, inclusive,
Site for bea- to excccd ten acres in anv one case; nor shall such sites be
con, m range ' '
To'^n E'T'^^h^t ^sed for any other purpose than the purposes specified ; and
for^da' beacon ^°^^^^§^ shall excludc or prevent process, civil or criminal,
Sound '^Beau^ ^^^^^^^ from the Courts of this State, from being served or
^°^ ^°- executed within the limits of said cessions.
1854, XII., 315. 21. A site for beacon to range with Charleston light-house,
cons for Caiia- A sitc for a dav beacon for St. Helena Sound — Beaufort
bogue Sound, „
Beaufort Co. COUntV.
lb., 316. 22. Two sites for two beacons, to serve as a range for Calla-
Sites at North bogue Sound — Beaufort Countv.
Edisto, Char- ....
leston Co. 23. A Site tor light-housc and beacon-light on the main land,
lb. at North Edisto — Charleston County.
Site on Hunt- 24. A site for a light-house and beacon-light on the Xorth
ing I s 1 a n d, _, .^ . _^ . ^ ° , ^ ^ ^ *=
Beaufort Co. Jr^oint of Hunting Island — Beaufort County.
lb. 25. A site for a light-house and beacon-light, on or near
near Hilton Hilton Head — Bcaufort County.
for^t^Co. '^^"' Xone of the sites ceded in sub-divisions 21 to 25, inclusive,
lb.; I 8 5 6, 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 SOUTH CAROLINA.
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 pur-
poses specified, nor 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 same.
26. A site, restricted to fifty feet square, on South Battery, Fifty feet on
in the City of Charleston, for a beacon or harbor-light, which Charleston.
shall be forever exempt from any taxes to be paid to this State ; 1854, x 1 1.,
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.
27. A site for a light-house, in or near Mount Pleasant, pig^^g^f^f V^^'
Charleston Harbor, not exceeding one acre. leston Co.
28. A site for "a beacon-light at White Point, in the City '856, xii.,
of Charleston, to be designated by the City Council of Charles-
ton. Point, Charles-
ton Co.
29. A site for a light-house on Fort Point, near George- —
town, not exceeding twenty acres — Georgetown County. t f rt
-^o. A lot of land for a Court House and offices connected ^oint.George-
"-" . _ town Co.
therewith, for the use of the United States Courts, or for any
other purposes to which the Government of the United States fid
may think proper to apply it, viz. : All that lot, piece, or k n o w n as
parcel of land, with the buildings thereon, known as the Club House,"
^ ' '^ ' , on Me e 1 1 n g
"Charleston Club House," situate, lying, and being on the St., in Char-
' -' c>> o leston.
west side of Meeting Street, in the City of Charleston, meas--- — —-; —
. . . . 1870, XI\'.,
uring and containing in front, on Meeting Street, fifty-eight 312. § i-
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 Wm. P. Greenland ; to the east, on Meeting Street ; to the
south, on lands of M. C. Mordecai ; 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 pro-
vided, alzvays, 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 for-
ever exempt from all taxes of the County of Charleston, and
10 CIVIL CODE
A. D. 1902.
'^-^"v-**^ the corporation of the City of Charleston, and of the afore-
said State.
indium b^^a! 3^' ^ ^^^ °^ ^^^^ ^o'" ^ post-office and Court House, and
TrTJo n^i?i o^c^s connected therewith, for the use of the United States,
Laurel Streets, qj- fQj. a,riy other purpose to which the Government of the
lb., 326, § I. 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 Richardson 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 belonging 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, devised 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 authority 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 impli-
cated 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 Richland, and the corporation of the City of
Columbia, and of the aforesaid State,
c^et^r^y*"^ 3^- The jurisdiction of the State is hereby ceded to the
Florence Co. United State of America over certain land situate in the County
XV., 312. q£ 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 South 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 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 Carolina against any person or persons
charged with crime or misdemeanor committed within or with-
out the limits of the said lands, may be executed thereon in
OF SOUTH CAROLINA. ii
A. D. 1902.
the same way and manner as if no jurisdiction had been ^— -v^^^
hereby ceded.
33. There is granted to the United States of America a ^^°^^^ ^gf^^J
quantity of land on Sullivan's Island, Charleston Harbor, not^^^,g°/gi|"^^jj
exceeding three hundred feet in length and two hundred feet JPfj^ of *the jlt-
in breadth, for the erection of the shore line of a jetty, to be f^^^^^^Jj^^^^^;
erected for the improvement and deepening of the bar of xvi., 709.
Charleston harbor. The land so granted is described and
located as follows : Starting from the magistral of the north-
east salient angle of Fort Moultrie, thence running south two
degrees seven and one-half minutes (2° 7^') east, eight hun-
dred 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° ZSV^') east,
two thousand eight hundred (2,800) feet, to a point near the
same high- water line; thence north seventy-seven degrees
thirty-eight and one-half minutes {^7° 385^') east, two thou-
sand one hundred and ninety and one-half (2,1903^) feet, to
a point on the high-water line of said shore, which point is
the south-west angle of the tract hereby conveyed ; thence north
seventy-seven degrees thirty-eight and one-half minutes
{77° 38^') s^st, along said water-line three hundred (300)
feet; thence north twelve degrees twenty-one and one-half
minutes (12° 213^') west; two hundred (200) feet; thence
south seventy-seven degrees thirty-eight and one-half min-
utes {yy° 38^^') west, three hundred (300) feet; thence south
twelve degrees twenty-one and one-half minutes (12° 21^')
east, two hundred (200) feet, to the high- water line at the
before-mentioned south-west angle of the tract herein con-
veyed; and the accretion on the three hundred (300) feet of
water-front of said tract shall also belong to the United States
for the purposes aforesaid.
There is hereby granted to the United States of America xvii., 95.
a quantity of land on Morris Island, Charleston Harbor,
sufficient for the erection of a shore line of a jetty for the im-
provement 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
12 CIVIL CODE
A. D. 1902.
''--•'^v-*-^ 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 Morris 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 direction of the proper officer of the United
States in charge of the jetties.
for^'^Oiarfeston ^° Hiuch land of the State as may be needed for the perma-
jetties. nent construction of the shore end of the jetties in Charleston
290'^^^' ^^" Harbor lying on and next adjacent to Morris Island and the
creeks and marshes contiguous thereto, be, and the same are
hereby, granted to the United States of America, for the pur-
pose of the erection and construction of said shore end of said
Provisos. jetties : Provided, The same do not exceed one hundred and
fifty acres : Provided, further, That nothing herein contained
shall be construed to impair or affect the rights of owners or
of any private individuals claiming the said lands, or any part
thereof,
i^ Glo?geto"wn 34- Such lands as may be required for the purpose of con-
nveen^wlnyah "ccting Wiuyah Bay and Santee River, in Georgetown County,
^e^Ri-ver ^^"' ^° ^^ ^^ facilitate commercc.
A. A. 1882. 35- There is hereby ceded to the United States of America,
Land ceded •^°^ ^^^ purposc of Constructing jetties for the improvement of
town^jerties" ^' ^^^ ^^^ ^^ *^^ entrance of Winyah Bay, S. C, any and all rights
^^^^^ xx^'^f ^he 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 Conveyance
for Georgetown County, in Book K, page 692-695, outward
about (500) five hundred feet, and also f.rom 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:
North Island : Beginning at a point on the west side of the
OF SOUTH CAROLINA.
southern point of said island at the high-water line, about
(1600) sixteen hundred feet distant, and south 4 degrees 39 ^^ hi.n^d"ceded
minutes east from the centre of the Georgetown Lighthouse ; fi^^^^"^^ ^^"
and running thence due west about (1,200) one thousand two
hundred feet; thence south 47 degrees 16 minutes east (6200)
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.
South Island : Beginning at a point on the beach of said ^^ j^ndTeded
island about (12,511) twelve thousand five hundred and eleven J'^'^^^'*"*^ ^^'
feet south of the eastern end of the southern boundary of land
now belonging to W. C. Johnstone, and from which the George-
town Light-house bears north 28^ degrees east, and the centre
of the U. S. dyke across Lagoon Creek bears north S^}^ de-
grees 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 meander-
ings of said high-water line to the second corner from the be-
ginning (counting the beginning corner as the first corner) :
And provided, also, That all the above deeded lands and terri-
tory shall be exempted from all State taxes, assessments and Exemption
other charges, as provided in Section 10, Chapter I, of ^'""^ *^^^^'
this Code, for the lands therebefore granted to the United
States for similar purposes.
The proper officers of the United States, in charge of said exfcuted*°a n'd
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.
36. The right, title and interest of this State to, and the juris-
diction and control of this State over, the following described
CIVIL CODE
tracts or parcels of land and land covered with water, situated
o V e^*^ertaiS ^^ the town of Moultrieville, on Sullivan's Island, in the
van^ is^i a^n d County of Charleston, in this State, be, and the same are
^vcn to ^^h-Qrehy, granted and ceded to the United States of America
1896 XXII ^^ ^^^^^ ^°^ ^^^ location, construction and prosecution of works
390. of fortifications and coast defenses, to wit: All that tract or
parcel of land, and land covered with water, bounded as fol-
lows : 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, follow-
ing 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 be-
tween 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 inter-
section of the southerly side of that street with the dividing
line between Lot No. 256 and Lot No. 257, as laid down on
the plan of said town of Moultrieville ; thence in a southerly di-
rection, 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
OF SOUTH CAROLINA.
or indentations 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 beyond
low-water mark, to the place of beginning.
37. Also the right, title and interest of this State to, and^^l^".''
the jurisdiction of this State over, the following described
tracts 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 for-
tifications and coast defenses, and for the uses 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 pro-
longation or extension, in a northerly direction of the westerly
line of Lot 159, 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 direction following the mean-
derings or indentations of a line one hundred yards beyond said
high-water line to the intersection of the prolongation or exten-
sion in a northerly direction of the western line of Pettigru
XXIII.,
i6 CIVIL CODE
A. D. 1902.
^--•"V"**-' Street; thence in a southerly directon along said prolongation
or extension of the said westerly line of Pettigru Street, along
said westerly line of Pettigru Street, and along the prolonga-
tion or extension in a southerly direction 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 hun-
dred yards beyond low-water line to its intersection with the
prolongation or extension, in a southerly direction, of the east-
ern 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 inter-
section 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 afore-
said, and along the prolongation or extension, in a northerly
direction, of the western line of said Lot 159 to the place of be-
ginning, 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 exten-
sion, in a northerly direction, of the westerly line of Lot 131, 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 indenta-
tions of a line one hundred yards beyond said high-water line
to the intersection of the prolongation or extension, in a north-
erly 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 to
its intersection with the prolongation or extension in a south-
erly 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
OF SOUTH CAROLINA.
area described those portions which are occupied and in use by
the public as highways, known as Central Avenue and Beach
Avenue.
38. Also the right, title and interest of this State to, and ^1901, xxiii.,
the jurisdiction of this State over, the lands comprising those
portions of Central Avenue and Beach Avenue, in the town
of Moultrieville, Sullivan's Island, in this State, which He be-
tween Pettigru and Sumter Streets in said town of Moultrie-
ville, are hereby ceded to the United States of America for
military purposes; and the portion of Beach Avenue herein
ceded is vacated and discontinued as a public highway : Pro-
vided, 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 with 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 con-
current jurisdiction for the execution within said lands men-
tioned in subdivisions 36, 37 and 38 of all process, civil or crimi-
nal, lawfully issued by the Courts of the State and not incom-
patible with this cession.
The grant hereinbefore made in subdivisions 36 and 37 is upon the°grant" °*
the condition that the said grant shall not be effectual as to any
portion of the premises embraced in the foregoing descrip-
tion 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, struc-
tures and improvements, 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 compensated
the parties who, at and before the cession of said jetty reser-
vation, owned like interests or owned structures and improve-
ments upon the territory heretofore ceded by this State to the
United States of America for a jetty reservation.
In case of the failure of the United States of America and
any persons interested as aforesaid, or owner as aforesaid, to
2 C
i8 CIVIL CODE
A. D. 1902. ~~- ■
^-'"v"'^' agree upon the proper compensation to be paid as above pro-
. Compe n s a- yided, the United States of America is authorized to have
tion, how de- '
termined. ^^q same determined by the verdict of a jury upon application
1896, XXII., by petition to the Court of Common Pleas for Charleston
39o;i89 0, -^-r ....
XXIII., 422. County, which shall be served as by law a summons m 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 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, &c., AH Streets, roads and highways within the said tracts or par-
above grant cels of land except Central Avenue, as above stated, are vacated
and discontinued from the time said grant becomes effectual.
_ Certain lands 39. All thosc marsh lauds next adjacent to Castle or Fort
harbor ce d e d Pinckncy , uot already ceded to the United States of America,
States _ for a and Consisting of fifty acres of marsh lands, more or less, be,
•' — and the same are hereby, granted unto the United States of
1898, XXII., . , , V , . ...
962. America for the purpose of the erection, construction and main-
taining 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 Said lands shall be, and continue, so long as the same shall
exempt from • ,^j.- j
taxes. be used for the purpose aforesaid, exonerated and discharged
from all taxes, assessments and other charges which may be
imposed under the authority of the State of South Carolina.
Plat of land The proper officers of the United States in charge of such
filed ^th^s?c- institution shall cause to be executed a plat of the lands which
retaryo ^ ^- ^^y ^g acquired for the purpose herein mentioned, and file
the same in the offtce of the Secretary of State of this State.
Land may be Scc. 4. The United States, or such person or persons as
^fnited^^ Stated may be by them authorized, shall have a right to purchase, in
and'^magazines. any part of this State that may be thought most eligible, the
~~G. s. 4; R- fee simple of any quantity of land, not exceeding two thousand
260, '1 I.' ''acres, for the purpose of erecting arsenals and magazines
thereon.
If pa r t i e s gee. 5. If the person or persons whose land mav be chosen
cannot agree, -^ ^ 1 "j- j
land to be vai- fQj- the abovc mentioned purpose, should not be disposed to
— ^-^ ^ sell the same, or if the persons appointed to make the purchase
R. s. 5; '-?&-. should not be able to agree upon terms with such owner or
owners of the said land, the same shall be valued, upon oath.
OF SOUTH CAROLINA.
by a majority of persons to be appointed by the Court of Com-
mon 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 land.
Sec. 6. The said land, when purchased, and every person and . Concurre n t
officer residing or employed thereon, whether in the ser- tained by the
vice of the United States or not, shall be subject and liable '■
to the government of this State, and the jurisdiction, laws, and s. 6; I'b., '§ 3!
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 govern-
ment of the arsenals and magazines thereon to be erected, and
the regulation and management of the same, and of the officers
and persons by them to be employed in or about the same :
Provided, always. That the said land shall forever be exempt
from any taxes to be paid to this State.
Sec. 7. Whenever it shall be made to appear to any one of .Sites for
. "^ light stations
the Circuit Courts of this State, upon the application of any on land.
authorized agent of the United States, that the said United ^ G- s. 7; R.
. . S. 7; I 8 7 2,
States are desirous of purchasing any tract of land and the xv., 308.
right of way thereto, within the limits of this State, for the
erection of a light-house, beacon-light, range-light, buoy-depot,
or other buildings needed for light-house purposes; and that
the owner or owners of said land 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 disagreement
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 said lands lie ; also in one
newspaper published in the City of Columbia, once in each
week, for the space of four months, 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
20 CIVIL CODE
A. D. 1902. ■
^■^"v"""*-^ of the said lands at their fair market value, and all damage
sustained by the owner of the lands so appropriated by reason
of such appropriation; which amount, when so assessed, to-
gether with the entire costs of said proceedings, shall be paid
into the County Treasury of the 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 what-
soever.
The money so paid into the County Treasury shall there
rem.ain, until ordered to be paid out by a Court of competent
jurisdiction.
The Judge directing the money to be paid to a County Treas-
urer in accordance with the provisions of this Act, shall require
of such Treasurer a bond in double the amount of money or-
dered 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 bonds
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.
_ Submarine Scc. 8. Whenever the United States desire to acquire title
h o^u s*<f s *lnd to land belonging to the State and covered -by the navigable
Savlgatfon^ ° watcrs of the United States, within the limits thereof, for the
G. s. 8; R.site of a light-house, beacon, or other aid to navigation, and
xV., 790. ^ '^' 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:
Provided, No single tract shall contain more than ten (lo)
acres, and that the State shall retain concurrent jurisdiction so
far that all process, civil or criminal, issuing under the au-
thority of the State, may be executed by the proper officers
thereof upon any person or persons amenable to the same
OF SOUTH CAROLINA. 21
A. D. 1902.
within the limits of land so ceded, in like manner and to like
effect as if this Section had never been enacted. Any person 1872. xv., 233.
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
wilfully 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, ceJed ^'to'^ the
and the other half to the County in which the trial shall be had. ^^i^^tn ^lanS
Sec. 9. The jurisdiction of the State of South Carolina is^'^^lJifc pur^
hereby ceded to the United States of America over so much ^°^„^^- J'jJ^<^\';;
land as is necessary for the public purposes of the United J^^^^j^J^j^jf^^^f
States: Provided, That the jurisdiction hereby ceded shall notg^« inTtrbe
vest until the United States of America shall have acquired the ^^fjj" ^[J^® ?,*
title to the lands, by grant or deed, from the owner or owners r'sdiction.
thereof, and the evidences thereof shall have been recorded in 3/% j^",!',,^^
the office, where, by law, the title to such land is recorded ; ^^^•' S3S. § i-
and the United States of America are to retain such jurisdiction
so long as such lands shall be used for the purposes afore-
mentioned, and 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 Carolina, against any person
or persons charged with crimes or misdemeanors committed
within or without the limits of the said lands, may be executed
therein, in the same way and manner as if no jurisdiction had
been thereby ceded.
Sec. 10. All lands and tenements which may be granted, emprfrp^m
as aforesaid, to the United States, shall be and continue, so ^^^^^ taxation,
long as the same shall be used for the purposes in the last s. 'loj ^°i87i)
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.
Sec. 11. The consent of the State of South Carolina be, and
22 CIVIL CODE
A. D. 1902.
^^ i — ^ is hereby, given to the acquisition by the United States, by
Consent giv- purchase or ffift, or bv condemnation according to law, of such
en to acquisi- -t^ & ' ^ o '
lion of ^certain fQj-gg^ X^xi^'s, Qx such Other property as it may acquire by pur-
United States (.j^ase, or deed, or otherwise, in this State, as, in the opinion
ment of a na- Qf j-j^g Federal Government, mav be needed for the establish-
tional to r e s t ' ■"
reserve. mcnt of such national forest reserve in that region : Provided,
1901, XXIII., 'phat the State shall retain a concurrent jurisdiction with the
609. ^
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,
Po^^ers^^giv- 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 pur-
pose : 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 con-
tained 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.
OF SOUTH CAROLINA.
CHAPTER II.
The General Assembly.
General provisions.
Claims against the State.
Introduction of measures for private purposes.
Special provisions as to legislative enactments.
Article
Article
Article
Article
ARTICLE L
General Provisions.
Sec.
Sec.
appoint-
and at-
22. Qualification for
ment of officers
tacliees.
23. Compensation of officers and
attachees.
24. List of such officers, etc., to
be filed with Treasurer.
25. Pay certificates for members.
26. By whom signed.
27. Pay certificates of officers and
employees.
Statement of certificate to be
furnished Comptroller Gen-
eral and Treasurer.
28.
12. Apportionment of Represen-
tatives.
13. Oaths to be taken by mem-
bers.
14. Compensation of members.
15. Stationery and postage of
members.
16. Stationery for each House.
17. Fuel and gas for.
18. Officers elected by each House.
19. Officers and employees of each
House.
20. Committee Clerks and At-
tachees.
21. Solicitors to attend sessions
of and assist in preparation
of Acts.
Section 12. The several Counties of this State shall be en- ^^^^^p p/""^"^'.
titled to Representatives as follows : resentatives.
Abbeville, 3; Aiken, 4; Anderson, 5; Bamberg, 2; Barnwell, g/^-jf: "^^o^;
3; Beaufort, 3; Berkeley, 3; Charleston, 8; Cherokee, 2; Ches-^^^^^-' ^^^•
ter, 3 ; Chesterfield, 2 ; Clarendon, 3 ; Colleton, 3 ; Darlington,
3 ; Dorchester, i ; Edgefield, 2 ; Fairfield, 3 ; Florence, 3 ;
Georgetown, 2 ; Greenville, 5 ; Greenwood, 3 ; Hampton, 2 ;
Horry, 2 ; Kershaw, 2 ; Lancaster, 2 ; Laurens, 3 ; Lexington, 3 ;
Marion, 3 ; Marlboro, 3 ; Newberry, 3 ; Oconee, 2 ; Orangeburg,
5 ; Pickens, 2 ; Richland, 4 ; Saluda, 2 ; Spartanburg, 6 ; Sumter,
5 ; Union, 2 ; Williamsburg, 3 ; York, 4 : Provided, That in the
event other Counties are hereafter established, then the General
Assembly shall reapportion the Representatives between the
Counties.
Representatives to the House of Representatives shall ^^^^^^^ "^ *
be elected from the several Counties of the State, in accord-
ance with the provision of this Section at the general elec-
24 CIVIL CODE
A. D. 1902.
^ 1 ^ tion 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 may prescribe.
taiSn*^ mem*^ ^®^' ^^- ^^^ members elected to the General Assembly shall
fagrs. take the oath prescribed in Article III., Section 26, of the Con-
G. s. 12; R. stitution of the State, before entering upon the duties of their
S. 12; I 8 8 o, ' & ir
xviL, 502. office.
Compensation Scc. 14. Each member of the General Assembly shall re-
ef members. •'
— ^-r-^— ^- ceive for each Regular Session, and for any Extra or Special
s. 13; XVI., Session, four dollars per diem durinsr the Session, and shall
246; 1893, ^ °
XXI., 417. also be entitled to receive mileage at the rate of ten cents per
mile for the actual distance travelled by the most direct route
going to and returning from the place where the session of the
General Assembly shall be held.
Stationery Scc. 15. The Clerk of the Senate shall, on the first day of
members^^ each session, draw a pay certificate of five dollars in favor of
G. s. 14, R. each Senator, and the Clerk of the House of Representatives
. 14, ., I 4- gj^g^ij lii^ewise, on the first day of each session, draw a pay cer-
tificate 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.
Station e r y Scc. 16. The Clerks of the Senate and of the House of Rep-
f or each House . in 1 r ■ 1 r i-tt • 1
resentatives shall each furnish for their Houses, respectively,
s. I's; lb., 224. 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 Representa-
tives not to exceed one hundred and fifty dollars.
Fuel and gas Scc. 17. The Secretary of State shall furnish for the Senate
for. .
■ — ——and House of Representatives, and for their respective Com-
s. 16; '/b., mittee rooms, such supplies of fuel or coal and gas as may be
necessary for their use at each session of the General Assembly :
the amount for this purpose not to exceed the sum of eight
hundred dollars.
Officers elect- -Sec. 18. The Senate and House of Representatives, imme-
ed by each -. .
House. diately after assembling in the session following a general elec-
G. s. 17; R. tion, shall each proceed to the election of a Clerk, to be known
S. 17; 1877, ^
294; 189 o, as the Clerk of the Senate and the Clerk of the House of Rep-
XX., 661:
1893, XXL,
417, 418.
OF SOUTH CAROLINA.
resentatives, respectively, who shall each receive a salary of
eight hundred dollars per annum.
The Senate and House of Representatives shall also, at the ^^^f^^' ^^^•'
same time, each for itself, elect a Reading Clerk, who shall e ^ t r a ses-
each receive a salary of two hundred and fifty dollars, and a?gYa"ure^ ^^^'
Sergeant-at-Arms, who shall receive a salary of two hundred ^i^"xxi"
dollars. ik!'66:''°'
Provided, That in case of an extra session or sessions of the
General Assembly, 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 sal-
ary of fifty dollars during the session, to be paid in the same
manner as the officers of the respective Houses are paid.
Sec. 19. There shall be appointed at the commencement of cii?k™and at-
the first session of every term of the General Assembly, f or ^a1:e'^||,^° jjougg
the Senate, by the presiding officer of the Senate, the follow- tfve'^^'hat^may
ing Clerks and attaches : An Assistant Clerk ; a Bill Clerk ; ^^ appo'^ted.
a Journal Clerk; a Clerk to the Committee on Judiciary; a
Clerk to the Committee on Finance ; three Doorkeepers ; 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.
Sec. 20. The Bill Clerk, Doorkeepers, Laborers and Pages oj^ted'^'cierks
of each House shall be under the control and supervision of ^J^^^ un^d'e^r
the Sergeant-at-Arms of the House to which he is appointed, '^eant°at°Arais^'
and shall obey all reasonable orders made by him, and the sal- salaries of.
aries of the appointed Clerks and attaches of the General As- j'^|^'^ ^^^"
sembly shall be as follows : Assistant Clerk 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 General 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
2^ CIVIL CODE
A. D. 1902. ■
^— '^v'*^ Clerks shall receive the same pay as members of the General
Assembly.
Solicitors to ggg 21. The Circuit Solicitors, or so many of them as are
attend sessions ' J
i°n ^r'e'^aration ^^^™^^ ncccssary by the Attorney General, shall attend the
°^ -^<=^^- sessions of the General Assembly, and shall, under his direc-
s ^21^' xvif ' ^^°"' assist the Attorney General in drawing and in supervising
£90. ^jjg 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 So-
licitors shall certify upon each Act, before it is ratified, that it is
correctly enrolled.
The Attorney General shall employ such clerical assistance,
in drawing, engrossing, and enrolling Bills, Resolutions, and
Acts, as he may deem necessary.
Qualification gcc. 22. No pcrson, holding or exercising the duties of any
ment of offi- office in this State, and no person not a permanent resident
cers and at- ' r r
tachees. of this State, shall be eligible to election or appointment to any
G. s. 22; R. of the offices or positions provided for in this Chapter.
296. ' Sec. 23. All persons elected or appointed under the pro-
Compensation visions of this Chapter shall receive such compensation as the
of officers and ^
attaches. General Assembly shall determine; in no case to exceed the
G. s. 23; R. compensation of a member, except the Clerks of the Senate
S. 23; lb., 294' .
and of the House of Representatives, whose annual salary is
provided for by law, and except also the Circuit Solicitors, who
shall each receive the same per diem and mileage as a member
of the General Assembly.
i^i^s^t^ of such Sec. 24. All officers making any of the appointments pro-
be filed withyided for in this Chapter shall forthwith, when each appoint-
_ r-ment is made, furnish a correct list thereof to the Clerks of
G. S. 24; R. '
s. 24; 7^ 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.
Pay ccrtifi- gcc. 25. The Clcrks of the Senate and House of Repre-
cates for mem- -^
^^rs. sentatives are authorized and directed to furnish each member
s ^2 ^•' l^iv^' ^^ their respective bodies a pay certificate for the amount of
310- his mileage and per diem, to include such dates as the General
Assembly shall, by concurrent resolution, direct,
si ned ^ ^ ° ™ Sec. 26. Such certificates shall be certified by the President
~~G s 26- R ^^ ^^^ Senate, and attested by the Clerk of the Senate, for all
s. 26; lb., 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.
OF SOUTH CAROLINA.
Sec. 27. The subordinate officers and employees of the Gen-
eral Assembly shall, in like manner, be furnished with certifi- p ^ ^ certifi-
cates of pay in such amounts as shall be fixed by that branch of '^^'^^ °^ °^"
ir J J cers and em-
the General Assembly to which such officers and employees pioyees. ^
shall respectively belong: Provided, however, That the pa-y g ^' ?-j|7' ^'
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.
Sec. 28. The Clerks of the Senate and of the House of Rep- jJenf if'^^an
resentatives on the day of the final adjournment of every ses- ^|'^*fy^^*g\ g*^
sion of the General Assembly shall furnish to the Comptroller ^^^"^1^*^^"^!
General and State Treasurer, each, a statement of all certificates Treasurer.
issued in behalf of their respective Houses, which statements s.*^2^' "xVlI
shall show the numbers of the certificates issued, the amount in ^^s-
each, and the person to whom issued, in the following order :
I, of members of the General Assembly; 2, of officers and at-
taches ; 3, stationery certificates ; 4, of contingent expenses.
The Clerk of the Senate shall, in similar manner and at the
same time, furnish the Comptroller General and the Treasurer,
each, statements of all joint certificates issued on behalf of both
Houses.
ARTICLE II.
Claims Against the State.
Sec.
29. How presented, considered
and passed.
Sec.
30. When barred.
Section 29. All claims for the refunding of overpaid taxes, How present-
° . ^"i> considered
or for repayment for services rendered or supplies furnished and passed by
the State or any County, or for the payment of money on any Assembly.
account whatsoever, requiring the action of the General As- G. s. 29, R.
sembly, shall be presented by petition, fully setting forth the 459 ; ' i 8 8 5,
facts upon which such claim is based, together with the evi-
dence thereof, which petition shall be filed in the office of the
Comptroller-General forty days before the meeting of the Gen-
eral 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 payment in whole or in part, or re-
jection, in each instance, as in his judgment justice shall re-
28
CIVIL CODE
A. D. 1902.
^-""v-"*-^ quire, 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 Assembly, they shall be delivered to the Committee
of Ways and Means of the House of Representatives, who shall
thereupon make provision for the payment thereof in the Ap-
propriation Bill introduced by them.
agS!° ''stSI ^®^- ^^' ^^^ claims against the State except the bonded debt
men"^*^ P ^ ^ of the State shall be forever barred unless presented within
—^-^-—-^ three years after the right to demand payment thereof accrues,
s^ 30; XVII., 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.
ARTICLE III.
Introduction of Measures for Private Purposes.
Sec.
31.
32
33.
Must be by petition accom-
panied by draft of Bill or
Joint Resolution ; reference
to committee.
Special matter to be set forth
in petition.
Application for charter of
railroad companies, etc.,
what must be stated ; notice.
Sec.
34. Other cases, merits and par-
ticulars to be set forth ; no-
tice.
35. Bill to amend stock law en-
tertained Only upon petition
of majority of free-holders.
309
Must be by Section 31. No Bill to charter or incorporate, or to amend the
peti 1 1 o n, ac- ^ '
com^anied by charter of any society, company organization, or body politic
or Joint Reso-of any kind, or for the granting of any privilege or immunity
ence to Com- or for any other private purpose whatsoever, shall be intro-
— ^1 — r ^duced or entertained in either House of the General Assembly,
' ' 5, XIX., except by petition, to be signed by the person or persons seek-
ing 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 accom-
panied in each instance by a draft of a Bill or Joint Resolution,
as the case may be, to charter or incorporate such society, or-
ganization or body politic, or to amend the charter thereof, or
to grant the privilege or immunity, or to carry out the private
OF SOUTH CAROLINA. 29
A. D. 1902.
purpose prayed for in said petition ; and, together with the said ^ y —
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.
Sec. 32. In case of an application for a charter or incorpora- Matters
R. s. 32; lb.
tion, 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 Con-
stitution, relating to incorporations, and any other special rea-
sons on which such charter or incorporation is sought.
Sec. 33. In case of an application for the charter or incor- Application
. ., , , 11 1 .for railroads,
poration of a railroad, canal, tramway, plank road or turnpike canals, &c., to
, , . \ . , ^ 1 . . , ,. state route.
company, and the grant of the right of way therefor, m addi
tion to the foregoing requirements of other charters or incor-
porations, the petition shall set forth and describe approxi-
mately the route proposed for the said projected road, and state q^^j. ^^^
where the said route will cross any existing railroad or in the *° ^* crossed,
course of construction, and the said petition shall also be ac-
companied by a plat or map delineating the same : Promded, ^^p-
That in case of a railroad charter, the three months' notice re- ^j^^.^^ ,^0^^!^.
quired by law shall be given before the application for a char- °'^*''^^-
ter is made.
Sec. 34. In any case other than that of a charter or incor- in other
■^ cases, mer its
poration, the petition shall set forth fully and distinctly the and particu-
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, ^ . , '
° -^ Rights of
such petition shall be accompanied with proof that the parties, others,
so far as known, who may be affected merely, have had sixty
(60) days' notice of the presentation of such petition before Notice.
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.
Sec. 35. No Bill purporting to amend or alter the k.w regu- e|*f '^f°eeho1d-
latiiig the fencing of stock in any portion of the State shall be l^gQ^-^sJ^o ^^k
considered unless the same be accompanied by a petition for ^-^w.
such amendment or alteration signed by a majority of the free- ^ g^- ^xi^'
holders of the section to be affected by such amendment. 29s.
CIVIL CODE
ARTICLE IV.
Special Provision as to Legislative Exactments.
Sec.
36. When they take effect.
37. Effect of repeal.
Sec.
38. Construction of words.
Legi™a^tive' en^ Sectioii 36. Xo Act or Joint Resolution passed by the General
elect." ^ ^ ^ Assembly shall take effect or become of force until the twenti-
G. s. 33: R. eth day after the day of its approval by the Executive, unless
6g.^ ' ' '' some other day be specially named in the body of the Act or
Joint Resolution as the day upon which it shall take effect,
peal of Act. ^' Sec. 37. The repeal of an Act or Joint Resolution shall not
G. s. TTTr^ revive any law theretofore repealed or superseded, nor any of-
■ 37, - ■ 37- ^^^ therefore abolished.
Addison v. Sugette, 50 S. C, 192; 28 S. E., 948.
of^word^^^°'' Sec. 38. The words "person" and "party," and other word
Q s 3.. j^ or 'words importing the singular number, used in any Act or
^- ^^" Joint Resolution, shall be held to include firms, companies, as-
sociations and corporations, 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 require 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 apply to the future also.
OF SOUTH CAROLINA. 31
■ A. D. 1902.
CHAPTER III.
The Public Printing.
Sec.
52. State Board of Health ; print-
ing and publication, how
paid for.
53. Departments, etc., report cost
of printing to Comptroller-
General to be embraced in
his Annual Report.
54. How, and by whom, faithful
execution of printing for
each House certified, &c.
55. Indexing and making mar-
ginal notes to Acts and
Joint Resolutions, by whom
done and allowance there-
for ; general and special
laws, how arranged for pub-
lication.
56. Public printing, how paid for.
Sec.
39. State Printer ; how elected ;
term of office.
40. Bond of.
41. Vacancy, how filled.
42. How laws. Journals, Reports,
etc., to be printed.
43. Reports, how printed.
44. Standard of measurement.
45. Contents of Reports.
46. How Bills and Joint Resolu-
tions printed.
47. Publication of Acts, etc., reg-
ulated.
48. Printer to set work compactly.
49. His bills, how verified and ap-
proved.
50. One Report not to be re-
printed in another.
51. Manuscript for printer ; size
of sheets.
Section 39. The Clerk of the Senate and the Clerk of the. P-jbiic print-
ing regulated;
House of Representatives (or in case of death or disability of P"nter, how
t^ ^ _ -' elected, term
either, the survivor of them) shall immediately upon the ap- °^ Q^ge- ^c-
proval of this Act, and thereafter on the first day of every al-^g-^- x\i^i'
ternate regular session of the General Assembly, commencing 7°°; § ^■
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 Jour-
nal, 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 not to exceed 68 cents per page ;
600 copies Report of Comptroller General at a price not to ex-
ceed 90 cents per page; 300 copies reports of other State of-
ficials, 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
CIVIL CODE
page; 500 copies Senate Journal, at a price not to exceed 92
cents per page ; 500 copies House Journal, at a price not to ex-
ceed 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 accepted under the contract awarded. The pro-
posals 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 specifica-
tions of the different classes of printing to be done. Proposals
for the public printing, enclosed 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 ad-
vertisement for proposals ; and said proposals shall be opened
by the Chairman 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 Representa-
tives.
Bond of Pub- Sec. 40. The party to whom the contract for the public print-
'■ — insf shall be awarded shall on or before the first day of July
lb ^ 2. . .
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 At-
torney General and the State Treasurer.
Vacancy, how Scc. 41. If by reason of death or any other cause the party
£H!£: 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 Gov-
ernor, the Comptroller General, the Attorney General and the
Secretary of State, acting as Commissioners of Public Printing,
to call for proposals for said printing, and to award the con-
tract therefor to the lowest responsible bidder, subject to all
the conditions and regulations hereinbefore set forth.
How laws, Sec. 42. The laws, journals and all other printing in book
printed^ ° ^form, shall be set in long primer type, in pages to contain at
G. s. 32; R. least one thousand seven hundred ems each. All rule and figure
■' '^'^' work accompanying the Acts, journals and reports and resolu-
tions, to be in the same type as the body of the work ; the side
OF SOUTH CAROLINA.
and foot notes to be in minion or nonpareil type, and the in-
dexes to be in brevier or long primer type.
Sec. 43. Heads of departments and other officials having re- in what man-
r 1 ner r e p o r t s
ports to make to the General Assembly shall not hereafter have shall be print-
the right or authority to designate to the Public Printer the ' ■
. , . • 1 • J 1896, XXII.,
particular type in v^hich each part of their report is to be printed 203.
or the manner 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 com-
pensation therefor shall be on the basis of the long primer page
of not less than one thousand seven hundred ems.
Sec. 44. When any part of the said Report is set in other standard of
■> r iT measurement.
than the Long Primer type, the compensation therefor shall be —^ — ^^vm"
determined by the relation which the types bear to each other, 871.
the work being counted for as many pages as one thousand
seven hundred is contained in the number of ems of the type
used.
Sec. 45. Heads of the various departments and boards in Contents of
making their reports shall only give statistical matter and their ^g 5 xxii
recommendations in as brief form as possible, and the Railroad 202, § i.
Commissioners shall not print the general correspondence of
their office, railroad schedules, classification 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.
Sec. 46. Bills and Joint Resolutions of the two Houses shall ^ .b i 1 is and
-' Joint Kesolu-
be printed in pica type, each line slugged or regletted to the t i.o n s ; how-
space of one line pica type, printed in pages of thirty-six ems ^ ^ — ^7—
of pica type in width and fifty-eight ems of pica type in length, s. 46.
including the folio and foot line, the lines to be numbered ac-
cording to Sections. . ^ .
° Actsand
Sec. 47. Acts and Joint Resolutions of the General Assem-J9int Resoiu-
•' tions;how
bly of this State shall be published without other head lines printed.
than the title of the Act or Joint Resolution, and nothing ^R- s. 47;
I o o 0, AlA.y
shall be appended after the last Section thereof except the date 310.
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 Resolu-
tion, (except where an Act or Joint Resolution ends within two
inches of the bottom of the page) ; an'd there shall be no charge, No pay for
by, or payment to, the State Printer for any unnecessary fat
in the publication of said Acts and Joint Resolutions.
In the publication of the Reports of the various officers re-
3-C
CIVIL CODE
quired by law, there shall be no additional title pages nor any
Printing^^of ]-,iaj^l^ pages after the title page, unless such blank pages shall
regulated. be neccssary, 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 com-
pactly published, with no more intervening space than is neces-
Compac 1 1 y gg^j-y for the character of the work directed to be done, and no
published. J '
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.
Public Print- Scc. 48. The Public Printer shall, in publishing or printing
compactly. any other kinds of State work, of whatsoever character, set the
R. s. 48; lb. same as compactly and within as little space as the character
of the work will permit.
Public Print- Sec. 49. The Public Printer shall, with each bill rendered by
bills. ° ^^" ^ him for public printing, upon oath certify that the provisions
R. s.llTib' oi 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
endorsed on such bill, except bills for the current printing of
troiier General the two Houscs, which shall be likewise examined and ap-
o approve. pj-^yg^j j^y ^^e respective Clerks of the two Houses, upon sworn
accounts filed with them, before such bills shall be paid.
One Report Sec. 50. No State officer shall embrace in his Report the Re-
braced in ot™- port of another State officer which is required to be published
— by law, but he may make such reference thereto as may be ne-
cessary, to embrace a brief recapitulation thereof, when neces-
sary to the proper understanding of such Report.
^ Size ^of^ paper gee. 51. In preparing the manuscript for the Public
— ^^ — ^ Printer, the State officers and Superintendents of public insti-
1884, xviii.', tutions 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.
stSe Bolfd^of ^®®- ^^- ^^^ printing done or Reports published by the State
Health. Board of Health shall be paid for out of funds appropriated to
R. s. 52; lb. or belonging to that Department, and not otherwise.
^Annual Re- gec. 53. Each Department of the State Government, or per-
-^-^ — .-^son required by law to have printing done at the public ex-
pense, shall report annually to the Comptroller General the cost
of such printing so done by such Department or persons, and
OF SOUTH CAROLINA.
such amounts consolidated into one table shall be included in
the Annual Report of the Comptroller General. lated by Comp-
Sec. 54. The faithful performance of the printing for each erai.
House shall be certified by their respective presiding officers Certificate as
and Clerks : Provided, That in the absence of said officers each House,
from the seat of government, the Secretary of State, to whom g. s. 32; r.
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. c
The Clerks of the two Houses shall furnish the Printer cor-
rected journals daily for the permanent printing.
Sec. 55. The indexing and making marginal notes of Acts indexing and
° CO making margi-
and Joint Resolutions shall be performed by the Code Com- nai notes to
-' . . Acts and Joint
missioner. It shall be the duty of the editor or editors charged Resolutions, by
-^ "-^whomdone
with the preparation of the Acts and Joint Resolutions for pub- and allowance
... . . . therefor; gen-
lication, in addition to indexing and making marginal notes erai and spe-
° ° *^_ cial laws, how
thereof, to arrange the same for the Printer according to the arranged for
' <-> c publication.
subject matter thereof, so that all general laws and Joint Reso-— r— r — —
lutions shall be collected and bound together separately in the s. ss; i 889,
, ^ ^ ■' XX.. 280; 1892,
first part of the volume, and be entitled "General Laws and xxi 23; looi,
XXj.11., 098.
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 Reso-
lutions," and also to index the same in one index. And all local
Acts and Joint Resolutions shall be arranged according to
Counties in alphabetical order.
Whenever an Act or Joint Resolution of a previous session e„£''°®Q ""^ar-
is amended, repealed or referred to, a reference shall be made s»n-
in the margin to the volume and page of the Statutes at Large
where such Act or Joint Resolution is to be found. There shall lj^^ ^^ ^^^^_
be printed in alphabetical order as an appendix to the Acts and ters, how print-
Joint Resolutions of every regular session the list of charters ~7^g^ 5^^
granted by the Secretary of State for the then next preceding l-^x.,' sj.^ ^ ^'
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 location and purpose of the corporation, amount of au-
thorized capital stock and date of charter. . PuWic print-
■^ _ ing, how paid
Sec. 56. The Comptroller General is hereby authorized andfof;
directed to draw his warrant, and the State Treasurer to pay „ g. s. 56; r.
. -^ ^-S^)', 1890,
the same out of any moneys in the State Treasury not otherwise x^., 710.
CIVIL CODE
36
A. D. 1902.
'^^^^■V"^^ appropriated, 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.
In no fiscal year shall the Comptroller-General draw his war-
rants or the State Treasurer pay same for an aggregate amount
20^ ^^f'-''^^^^"' ^'-'^ 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.
Approp r i a-
tion; not to be
exceeded.
CHAPTER IV.
Sec.
The Statutes.
Sec.
57. To provide for binding laws,
&c., for distribution and ex-
change.
58. To deliver permanent work to
State Librarian for distribu-
tion.
59. Distribution of Acts.
60. To whom distributed.
61. Revised Statutes and Code ;
how amended.
62. Code Commissioner to be
elected.
63. Duties of Code Commissioner.
64. Preparation of Code.
To provide Scctioii 57. A Sufficient number of the Journals, Reports and
for binding of
Laws, J our- Acts of the General Assembly, for the use of the members of
nals, &c.
— — — — the General Assembly, and for the State Librarian to make the
G. S. 37; R.
s. 58; lb. exchanges with other States, shall be bound in a good and sub-
stantial manner ; 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 there-
after as practicable.
To del i V e r gcc. 58. On the completion of the permanent work, they shall
permanent ^ '^ _-^
work to State deliver the same to the State Librarian, who shall forward, by
i-ibranan, who ' ^ -^
shall distribute niail or Otherwise, as he may deem expedient, a copy thereof
to persons en- ' -' ir ' rj
titled by law to each of the members of the General Assembly, and a copy
to receive cop- ■' '■ -^
'gs- ^of the Acts and Joint Resolutions to the different States, insti-
G. s. 38; R. tutions, and officers entitled by law to receive the same.
S. 59; lb. ' -'
„,. . , Sec. 59. The Acts of each session of the General Assembly of
When to be -'
printed. this State shall be printed, bound and delivered to the keeper
18^' ^'xx'°^ ^^^ Legislative Library, ready for distribution, within thirty
335- days from the adjournment sine die of each of its several ses-
sions, whether annual or extra, and the said keeper of the Leg-
ut^"*^ *^'^*"'' islative Library shall within five days thereafter deposit in the
mail or express one or more copies thereof, addressed to each
OF SOUTH CAROLINA.
officer, person or corporation as now provided by law, and as
hereinafter prescribed.
Sec. 60. Copies of the Acts and Joint Resolutions shall be ^^d^Ts o'^'u-
distributed as follows : - lrii/trib°uted'
1. To the Legislative Council of the Province of Quebec, q g ^q. r
Canada, one copy. fslL' ^xviii.',
2. To each Circuit Judge, one copy. ^^x .,' VsV;
3. To each Solicitor, one copy. 1076'; ^^97,
4. To each Clerk of Court, one copy. xxii., 458.
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 Superitendent 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 Departments, one copy.
21. To the Historical Society of New York, one copy.
22. To the Athen^um, 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 Ala-
bama, 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.
38 CIVIL CODE
A. D. 1902. ■ "
^-^-v-^-^ 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.
Amendments Scc. 61. Whenever in any Act heretofore or hereafter passed
^%ference to reference is made to the Revised Statutes or this Code for the
utes or this purposc of altering, amending, adding to or repealing any part
'—;-^ thereof, such reference, alteration, amendment, addition or re-
^ ^ ' ' " ' peal 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.
Code Com- Scc. 62. A Codc Commissioner shall be elected by the Gen-
missioner to ,,,- r r ii>i
be eiecetd ; eral Assembly of iQii, for a term of ten years and his salary
term; salary. , ,, , - , , , , ,, 11 1
—shall be four hundred dollars per annum, payable quarterly,
1901, XXIII., ,,_,,T-, CI/— 11/—
697- by the State Treasurer on the warrant of the Comptroller Gen-
eral : Provided, That the Code Commissioner elected at the
session of the General Assembly for 1901 shall hold office for a
term of ten years and shall receive a salary of five hundred dol-
lars for the fiscal year, commencing January i, 1901, and there-
after 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.
Duties. Sec. 63. It shall be the duty of said Code Commissioner,
To revise Re- -^ _ it.
port of prede- immediately after his election to examine the report made by
cessor, &c. -^ i i i • r
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 en-
actments, and such as have no influence on existing rights and
remedies; and to reduce the public statutes of this State, in-
clusive of such as are passed at the present session, into as con-
cise and comprehensive a form as is consistent with clear ex-
inde^ same, pression of the will of the General Assembly ; and, in addition
thereto, he shall prepare indices and cross indices to said codi-
fication, publishing the same in the appropriate volume as here-
inafter provided, note by annotation the decisions of the Su-
Annotate same P^cme Court of the State of South Carolina under the different
Sections of the statutes codified as herein provided, and also of
OF SOUTH CAROLINA.
the Constitution of 1895 of said State, and rules of Court as
herein provided to be published ; annex to the volume contain-jj^^J" ^^' p " ^-
ing 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^^.t'^^fP/^j)^^^
and joint resolutions 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 cor-
rect 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 Annual Re-
each session, all changes made in the Statute law embraced in^"*"**
the Code at its previous session, together with a note of or
reference to the decisions of the Supreme Court, on the Sec-
tions of said Code published during the current year, said re-
port to be annually published by the State Printer in such form
as the Code Commissioner may prescribe.
Sec. 64. The Code Commissioner shall collect and revise a-ll^^P^^^^" " ^ ^ ^
the General Statute law of the State now of force, as well as ^g g j^-j^jj "
that which shall be passed from time to time, and to properly^-
index and arrange the said Statutes when so passed. He shall *
also reduce into a systematic Code the General Statutes, in-
cluding the Code of Civil Procedure, with all the amendments
thereto, and shall on the first day of the session for the year
nineteen hundred and eleven, and at the end of every subse-
quent period of ten years, report the result of his labors to the
General Assembly, with such recommendations and suggestions
as to the abridgement and amendments as may be deemed ne-
cessary 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 Assem.bly on the first day of the first
session, but shall not be taken up for consideration until the
next session of the General Assembly.
The Code thus prepared by the Commissioner shall be de-^^^^°^^^j^|J^°^
clared by the General Assembly, in an Act passed according to — ~ — 5^^
the forms in the Constitution of 1895 for the enactment of laws,^""*- ^^^ § s-
to be the only general statutory law of the State, and no al-
terations or additions to any of the laws therein contained shall
be made except by Bill passed under the formalities required in
the said Constitution.
CIVIL CODE
CHAPTER V.
Reports and Documents and Committees to Examine State
Offices and Penal and Charitable Institutions.
Sec.
65. Time for making reports to
General Assembly.
66. When reports must be handed
the Printer, and when he
must have them ready for
the General Assembly.
67. Persons disbursing public
money must publish.
68. Persons having the distribu-
tion of the public money
must report annually to
Comptroller General.
69. Public officers having evi-
dences of indebtedness to
the State must report to the
Comptroller General.
70. Comptroller General to make
report to General Assembly
of all debts due the State.
71. Secretary of State to report
to General Assembly all cor-
porations formed under gen-
eral corporation Act.
72. Annual report of State Super-
tendent of Education.
73. State Superintendent to con-
solidate reports of County
Superintendents and forward
them to General Assembly.
74. Annual report of Directors of
the State Penitentiary.
Sec.
75
Attorney
Annual report of
General.
76. Annual report of Regents of
the State Hospital for the
Insane.
77. Commissioners of the Deaf
and Dumb and the Blind to
report annually.
78. Accounts of Treasurer to be
examined in January and
February annually by Joint
Committee of Senate and
House.
79. Duties of Committee, and re-
port.
80. When to make examination.
81. Committee to examine books
of penal and charitable in-
stitutions.
Committee to examine into
work of Code Commissioner.
Census Commission.
84. Commissioners of Sinking
Fund to make annual report.
85. Railroad Commissioners to
make annual report.
86. County Commissioners to re-
port in detail annually ;
penalty.
87. Health officers to keep records
and report monthly.
82
83
Time for
making reports
to General As-
sembly.
G. S. 41; R.
S. 62; XV.,
457-
When Re-
ports to be
handed to
Printer.
R. S. 63;
1896, XXII.,
When to be
printed.
Forfeiture.
Section 65. The Comptroller General and all other officers re-
quired by law to report annually to the General Assembly shall
make such report on or before the twentieth day of January in
each year.
Sec. 66. 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 de-
layed: Provided, That the Public Printer shall not be subject
to said forfeiture when the State officers do not place thei*- Re-
ports in the Printer's hands on the day required.
OF SOUTH CAROLINA.
Sec. 67. Every person authorized to disburse any funds for
the State shall publish in some newspaper of general circula- , Persons dis-
^ _ _ -^ ^ ° Dursing public
tion in the County in which such disbursement is authorized to ^°PS\ must
-^ _ publish.
be made, a monthly statement of all funds received and the ddte ^ ^ —
. . G. S. 43; R.
of such receipt, and of all funds paid out, to whom, and on S- 64; xvi.,
what account.
Sec. 68. All persons having the distribution of public money . Persons hav-
shall quarterly, to wit, on the last days of October, January, tion^of p^^ic
April and July, in each and every year, render to the Comp-[«P°''t ^"^^^^^
troller-General an account setting forth the funds committed ler-Generai.
to them, respectively, and the disbursement of them. s^'6^"-'*'\^?'
Sec. 69. All public officers having in their possession the evi-s^^; 1890. xx.,
dences of any debts due to the State shall, on the last day of De- -p^^y^^ officers
cember in every year, furnish the Comptroller-General with a ^ a v i n g eyi-
-> •' ' IT dences of in-
statement of all such debts, showing the names of the debtors, debtedness t o
' _ ° ' State must ra-
the amounts of the debts, the interest, the payments made, andpo^^^ *g nerS
the balance due to the State. And in case of failure on the „ ^ —
Lr. a. 45 ; K.
part of any public officer to furnish the Comptroller with the S- 66; vi., 108;
statement aforesaid, he shall forfeit and pay the sum of two 204.
hundred dollars, to be recovered in any Court having competent
jurisdiction.
Sec. 70. The Comptroller-General shall make a statement of ^ o mptroiier-
^ Generalto
all debts due the State and lay it before the General Assemblv J?^^^ report to
■' - G e n e r al As-
with his Annual Report. sembiy of aii
^ debts due state.
Sec. 71. The Secretary of State shall annually prepare, cause „ — ^7^
to be printed, and submit to the General Assembly a true ab- S- 67; ib.
stract from the certificates deposited with him by corporations
formed under the law regulating the formation of corporations. ^^^^^^^^ °^l
Said abstract shall contain, under proper headings, the cor- to General As-
^ ^ ° sembly abstract
porate name of said corporation, the date of its charter, the of corporations
•■^ ^ ' ' formed under
purposes for which it was incorporated, the names of its cor- general laws.
porators, its location and amount of capital stock, together with g^g.^f^f^j'gg^'
such remarks as he may deem necessary ; said abstract shall be xviii., 447-
published as an appendix to the Acts and Joint Resolutions of
the session of the legislature to which such abstract is submit-
ted, and the names of all corporations therein contained shall ^^^^f^^^^
be included in the index to the said Acts and Joint Resolutions, f ^ p e ynten-
•' dent of Educa-
Sec. 72. The State Superintendent of Education shall make;t^^f^
his report through the Governor to the General Assembly at g g^ s. 4|; R-
each regular session thereof in the manner required by law. ^ i v., ^3^ 2;
Sec. 73. It shall be the duty of the State Superintendent of 574-
Education to consolidate the reports received from the County
CIVIL CODE
Superintendents of Education, and to forward them to the
in^*n*d e n"t ?o General Assembly at its next regular session.
po?ts°"f^Coun: Sec. 74. The Directors of the State Penitentiary shall make
denfs" anTfo?- an* annual report to the Governor, on or before the first day of
General ASem° January in each year, of the state and condition of the prison,
^^ the convicts confined therein, of the money expended and re-
S.*^7of' i^i'esiceived, and, generally, of all the proceedings during the last
XIV., 23. year, to be laid before the General Assembly.
port°o"^Direc- Scc. 75. The Attorney General shall annually make a report
Stete^ Penitent to the General Assembly of the cases argued, tried, or con-
^^^'^" ducted by him in the Supreme Court and Circuit Courts during
S.^7ifib°j 9^! the preceding year, with such other information in relation to
1896, XXII., ^j^g criminal laws, and such observations and statements, as, in
his opinion, the criminal jurisdiction and the proper and eco-
port'^of^^Attor- nomical administration of the criminal law warrant and require.
ney General. gg^^ ^q j^ ^^^^ l^g ^^^ ^^^^ q£ ^^^ Regents of the State Hos-
s.*^72f'xV^',pital for the Insane to report annually to the Legislature the
^^' state and condition of the institution, fully and particularly;
port^^of R^-and they shall also annually report to the Comptroller-General
itatl Hospitl! the amount of income of said institution, and the amount of ex-
for the Insane, pgnditures. and the items thereof.
s.^V3';^^/L; Sec. 77. The Commissioners of the Deaf and Dumb and the
^^^' Blind shall annually report to the Legislature an exact state-
e r^°"of ^^'the "^si^t of their various proceedings during the past year, showing
Dumb^ and the P^scisely how they disbursed the money expended, the names
port'^an^nuaiiy! o^ the pcrsous who havc received the bounty, the ages and
G. .s. 53- R. places of residence of such persons, and information as to their
707.'''^' '^^^" progress, which statement shall be accompanied by the A^ouch-
ers of all sums expended.
Accounts of Sec. 78. The accounts of the Treasurer of the State shall be.
Treasurer to
be exami n e d annually, closcd on the thirtieth day of December, and shall
in January
and February be examined during the months of January and Februarv m
annually, by , ^ . ... ,'-
Joint Commit- each vcar, by a Joint Committee, consisting of one member of
tee of Senate , _' , r , x-r r -r-. ■ -l
and House, the Senate and two of the House of Representatives, to be ap-
G. s. 54, R. pointed by a Concurrent Resolution of the two Houses of the
16. '1896', General Assembly, at the session previous to said time of ex-
amination in each year.
Examination Sec. 79. Such Committcc shall examine the accounts, the
of Treasurer's . ... , ., j.
books; how vouchcrs relating to all moneys received into and paid out oi
'- the Treasurv during the vear ending on the thirtieth of Decem-
S. 76. ' ' ' ' ber preceding such examination, and shall certify and report
to the General Assemblv at its next session after the said thirti-
OF SOUTH CAROLINA.
eth day of December the amouPxt 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 ex-
amination. 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.
Sec. 80. The Joint Committee of the General Assembly, the of accounts of
duty of which is to examine the accounts of the State Treas- officers.
urer. Comptroller General and the Commissioners of the Sink- 1900, xxiii.,
ing Fund, shall begin the examination of said accounts as soon
as practicable after the end of each quarter of the year.
Sec. 81. The accounts, vouchers and books of the penal and Committee to
' '^ examine books
charitable institutions shall be examined during the month of °[ p^"^| ^^^
o charitable in-
December of each year by a Joint Committee of one Senator, ^*i'^'^*^°P^'
-'-'-' ' when and how
who shall be recommended by the Senate Committee on Charit- appointed
able Institutions, and two members of the House of Representa- ^^97. xxii.,
tives, 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 General Assembly at the
session previous to said time of examination in each year.
The said Committee shall examine the accounts, the vouch- duties of
ers relating to all moneys received into and paid out during the Committee,
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 matters relating to the man-
agement of said institutions.
Sec. 82. At each session of the General Assembly a Joint ^^^^ "comm'is^
Committee consisting of three members shall be appointed, |xam[ned° ^^
whose duty it shall be to inquire into the progress of the Code ^g^g^ xxii..
Commissioner in the work and to make a report to the two ^•
houses.
Sec. 83. When the census takers shall have made returns, jn^|s"o"^ ^°"'
the Secretaryof State shall forthwith report the results of such ^ g ^g. j^_
registration to the Governor of the State for the time being, l-^^;/^^. 280;
and shall make a collated return of the statistics to the General
Assembly, at its next regular session.
44 CIVIL CODE
A. D. 1902. —
"^ y ' Sec. 84. The Commissioners of the Sinking Fund shall an-
ers^oFsinkiTg nually report to the General Assembly the condition of the
rnnuai*°report! Sinking Fund, and all sales or other transactions connected
" G. s. 57; R. therewith.
^88.^^' ^^^" Sec. 85. The Railroad Commissioners shall make an annual
Raiiroadr^P<^^t to the Legislature of their official acts, including such
ers"h™ii m'ake statements, facts and explanations as will disclose the actual
to'the' Leg?s°I^ working of the system of railroad transportation in its bearing
.^"'"^' upon the business and prosperity of the State ; and such sugges-
i8^', XVII.', tions 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
ot"cTmmTs'the preceding year.
make" report to ^^^' ^^' The Commissioners of each County shall on or be-
Ge°^?ai.°^ ^ ^ '^" fore the fifth day of January in each year report to the Comp-
G. s. ssfRtroller-General, to be incorporated in his annual report, and laid
fgglr XXII., before the General Assembly, a detailed account of all their do-
^°^" ings, in such form as the Comptroller-General shall direct or
ce^^^to** keep prepare and forward to them for such purpose,
rlport'mon^hi Sec. 87. The Health Officers at Georgetown, Charleston and
}L Hilton Head shall keep a faithful record of all their doings re-
s. 8i;' ^xt"^', quired by law, and report the same to the Governor, at the end
"^' of each month.
CHAPTER VI.
The Public Property.
Article i. Charge of the property of the State; the Sinking
Fund Commission.
Article 2. Land containing phosphate rock and phosphatic
deposits; Phosphate Commissioners.
Article 3. Other property of the State; miscellaneous pro-
visions.
OF SOUTH CAROLINA.
ARTICLE I.
Charge of the Property of the State*
Commission.
-The Sinking Fund
Sec.
Sec.
105.
88. All public property under
charge of Secretary of State,
unless otherwise provided.
89. Vacant lands grantable only
to purchasers for value ; un-
der control of Sinking Fund
Commission.
90. The Sinking Fund Commis-
sion ; who constitute, and
their duties.
91. Sales of property not in ac-
tual public use ; disposition
of proceeds ; exception.
92. Annual report of sales and
transactions ; investments ;
compensation.
93. Sinking Fund may lend mon-
ey on bonds, &c.
94. Sinking Fund may lend mon-
ey to Counties.
95. Application for loans, when
received, and how loans
may be made.
96. Liability of County Treasurer
for violation of Section 94.
97. In what funds loans must be
repaid.
98. State's Title in certain for-
feited lands renounced.
99. Petitions for relief by tax-
payer.
100. Lien of State for taxes; how
enforced.
101. Lands not on tax books to be
surveyed, &c., at discretion
of Sinking Fund Commis-
sion.
102. Annual settlements of County
Treasurers.
103. Nulla bona tax executions to
be returned to Auditors.
104. Sinking Fund Commission to
have access to books of
County Auditors and Treas-
urers.
Section 88. The Secretary of State shall take charge of all
property of the State, the care and custody of which is not other-
wise provided for by law. He shall hold the same subject to
the directions and instructions of the Commissioners 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
106.
107.
108.
109.
110.
111.
112.
113.
114.
115.
116.
117.
118.
119.
120.
121.
122.
123.
124.
125.
126,
127,
128
129
Powers of Secretary of State
as to forfeited lands.
Enforcement of tax lien
against forfeited lands.
Fees, costs and expenses of.
Sale under proceedings
against, &c.
Proceedings for relief of tax-
payer.
Evidence on such proceedings.
Sheriff's deed as evidence.
Remedies of Sees. 105 to 111
cumulative.
Sinking Fund Commission to
investigate shortages, etc.
Sinking Fund Commission to
collect unpaid school taxes.
Disposition of forfeited lands
and lands sold the State.
Sheriff's commissions and du-
ties as to such lands.
Expenses of survey, how paid.
Money to be refunded certain
purchasers.
Agents of Sinking Fund Com-
mission.
Lands off tax books, etc.
, Insurance on public buildings.
, Premiums, &c.
Values of buildings, how fixed.
Premiums to be paid by the
State.
Value of new buildings, how
fixed, &c.
Adjustment of losses, and set-
tlement.
Limit of Insurance fund.
Duty of officers to insure
State and County buildings.
. Value of uninsured bnildings :
how fixed.
All pu b 11 c
prope r t y un-
der charge of
Secret a r y of
State, unl ess
otherwise pro-
vided by law.
G. S. 60; R.
S. 82; 1878,
XVI., 558;
1883, XVIIL,
380.
46 CIVIL CODE
A. D. 1902.
^ , ^ lands purchased by the late Land Commissioners of the State,
and in the negotiations therefor and arrangements in relation
thereto.
" Title of lands purchased by Land Commissioner were properly not made to the
State, but to that officer, and passed to his successor in office. — The State v. Evans,
33 S. C, 184; II S. E. 697.
The Statute of Uses did not vest such title in the State. — lb.
Suit against the Sinking Fund Commissioners on contract for sale of land made
by their predecessor, the land commissioner cannot be maintained, being in effect
a suit against the State. Lowry v. Thompson, 25 S. C, 416; i S. E., 141. The
Secretary of State is the custodian of the State's property. Tindal v. Wesley, 167
U. S., 211.
Vacant lands Sec. 89. No grants of vacant lands shall be issued except to
grantable only ° ^
to purchasers actual purchascrs thereof for value ; and all vacant lands and
for value; un- ^
der control of lands purchascd by the late Land Commissioners of the State
Sinking Fund ^ , . -^ .
Commission, shall be likewise subject to the directions and instructions of the
G. s. 61; R. Commissioners of the Sinking Fund.
S. 83; I 8 7 8, =>
XVI., 559- Sec. 90. For the purpose of paying the present indebtedness
tute the'^sink-of the State, the Governor, Comptroller-General, State Treas-
mfssion! a n"d urcr, and the Attorney-General of the State, the Chairman of
^^'" — the Finance Committee of the Senate, and the Chairman of the
s. 84; ' I IVo! Committee of Ways and Means of the House of Representa-
1883, "xviii.', tives, are constituted Commissioners, to be known and desig-
^ °' nated 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 arising 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 relation to the said Commis-
sioners of the Sinking Fund.
Sales of prop- Sec. 91. It shall be the duty of the Commissioners of the
tuai public use; Sinking Fund to sell and convey, for and on behalf of the State
proceeds; ex- all such real or personal property, assets and effects belonging
'■ to the State as are not in actual public use ; and all such lands
s. 85;' XVI.; sold under execution for delinquent taxes as have been or may
XX.," '8^6 3^' hereafter be purchased for and conveyed and delivered to them
x892,XXI., 87. , .. -„. -11^1. 1
pursuant to the provisions of Section 424 ; said sales to be made
from 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 property shall be paid in the fol-
OF SOUTH CAROLINA.
lowing kinds of funds, and no other, to wit : gold and silver
coin, United States currency. National Bank notes, and cou-
pons tvhich 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 speci-
fic purpose by the State, or the property of the State in the
phosphate rocks or phosphatic deposits in the beds of the navi-
gable streams and waters and marshes of the State.
Tindal v. Wesley, 167 U. S., 211.
Sec. 92. The Commissioners shall annually report to the po^^'^oT^ safes
General Assembly the condition of the Sinking Fund and all tSns^'^^fnvest-
sales or other transactions connected therewith ; and all the ™ensatLn^ ° ™'
revenues derived from such sales shall be applied to the extin- q g g^. j^
guishment of the public debt, by investing the same in the pub- ^ g g ^' I'l's^i'
lie securities of the State. Each of the Commissioners, except "'^viii., 864.
those who 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.
Sec. 93. The Sinking Fund Commission are hereby sinking Fund
° _ _ -^ Commission to
authorized when unable to purchase valid bonds of this State ^^"d fund, &c.
at par to lend the sinking fund at such a rate of interest as may 1896, xxii.,
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 se-
curity for the loan and as collateral to the personal obligation
of the borrower, to be taken by said Commission, showing the
terms and maturity of the loan.
Sec. 94. The Sinking Fund Commission are hereby author- linking Fund
o ■' Commission to
ized and required, when in the judgment of said Commission- ^^^^ money to
^ ' Jt5 Counties;
ers of the Sinking Fund valid bonds of the State are not offered ^^^°-
or attainable at a reasonable price, to lend the money of the ^^97, xxii..
Sinking Fund Commission, both accumulated and ordinary, for
a period of one year at a rate of interest of five per cent, per
annum.
The said loan shall be made by the said commissioners upon ^^^S; ib. 725
the valid securities of the several States of the United States,
giving preference^thereto, or upon the note of the County
CIVIL CODE
Treasurer and County Supervisor of any of the counties of this
State, who shall make application for a loan, provided the said
loan be not more than one-half of the tax levy of said county,
and the whole of the taxes of the said county shall be pledged
for the repayment of the money so borrowed of the said Sink-
ing Fund Commission.
paid°^° ^^^" '^^^^ County Treasurers of the respective Counties bor-
189-', lb., 441! ^"^"^^^^S funds of the Sinking Fund Commission shall pay the
note so given out of the first taxes collected for the fiscal year
for which the said money is borrowed.
fo'^^ioTnT! ^^^- 95. The Sinking Fund Commissioners shall receive
Td^ howTrntl! ^PP^^^^^^*^"s fo^ ^^^ various Counties and file the same until
pro'^^rit'ed '^ ^ ^ ^'^^ first day of March of every subsequent year hereafter, and
1807 XXII., ^f ^^^ applications aggregate more than the entire fund in the
441; 1898, ih., hands of the Sinking Fund Commissioners, said Commission-
ers shall prorate the loan to be made to the several Counties in
proportion to the taxes paid by the respective Counties : Pro-
vided, That no loan shall be made to any county in excess of
one-half of the amount of the tax levy for such county for
county purposes,
su^rs^^^^vldlt- Sec. 96. Any County Treasurer who shall violate the pro-
be^ pmfished.^° visions of Section 94 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 sustained by said Commission, together with all costs and
expenses thereof.
In what Sec. 97. In the case of all loans, to whatsoever person, cor-
money loans . .
must be paid, poratiou or couuty, made by the Commissioners of the Sinking
1899, XXIII., 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 41-2 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 Sink-
ing 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.
b'^forfeituTl ^^^- ^^' ^^^ State of South Carolina hereby renounces
renounced. ^\\ ^-j^jg \yy forfeiture for non-payment of taxes to each and ev-
^^1887, XIX., gj-y parcel of land in the several counties of the State listed on
the forfeited land record on the twentv-fourth dav of Decem-
OF SOUTH CAROLINA.
ber, 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 here- But right to
after collect by suit at law, or other legal method, from said tainek.
lands a sum equal to the aggregate amount of all annual as-
sessments 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 forfeited;
and the retention of the possession and use of said lands for
ninety days after the said 24th day of December, 1887, by said possession an
former owner, his heirs or assigns, shall be deemed sufficient terms of sur-
evidence of his or their acquiescence in and acceptance of the
reservations and conditions of said renunciation of title.
Sec. 99. The Sinking Fund Commission is hereby Commissi9n to
authorized to hear and decermine upon satisfactory proof the for relief,
petition of any tax-payer praying relief on ground that all 1888, xx., 52.
taxes, as described in last Section, have been paid or that por-
tions of such taxes have been paid and an offer to pay the bal-
ance, accompanied by the sum admitted to be owing. And the
said Sinking Fund Commission shall grant such relief in the
premises as may be just.
Sec. 100. To secure the entire debt due the State for prior f J^'Ta x^^s^ on
taxes or other dues accrued to the State to and including the enforced!' ^°'^
levy of 1886, or for any other purpose whatsoever, and for the ^ v, ^^2;
levy of 1887, and for all subsequent levies, as they may have ac- 3 ^ ^ ?' j f g^^;
crued or shall accrue upon each parcel of said land, and the ^-^"^gss^^xx.^
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 ordered by the Court in
such suit shall be applied first to the payment to the Sinking
Fund Commission of the taxes, costs and penalties charged
against the property, 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 inter-
est as their interest may appear.
Sec. 101. The Commissioners of the Sinking: Fund Lands not
° on tax books
are hereby authorized to have surveyed any lands that *° "^^ surveyed,
they are informed or believe have been continuously for ten
or more immediately preceding years upon neither the Tax Du-
4-C
CIVIL CODE
plicate or Forfeited Land List of this State ; and if after such
on'^ax ifst^s!^'^ survcy the said absence from said tax books be found to exist,
to cause the said land to be placed upon the Tax Duplicate in
Charges and ^^^ Owner's name, if known, or in the name of "Unknown" if
past taxes. ^j^g Owner's name be not known, charged and taxed with the
entire costs 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
Duty of Coun- ^^^ ^°^ collcction of taxcs. The County Treasurer shall pay to
ty Treasurer, ^jjg Sinking Fund Commission said costs of survey and said
fifty per cent, penalty additional thereto from amount collected,
and apply the residue as provided by law.
SinldM^'pund This Scction shall be by the Sinking Fund Commission ap-
Commission. pijed to such cxtcut and in such cases as they may deem most
advantageous to the State.
tax^exeTutloifs^ ^®^' ^^^' ^^^ Couuty Auditors and Treasurers shall an-
1896 XXII iiually have a full and final settlement as to tax executions
^S5- issued by said Treasurers within twelve months after the ex-
piration of the time allowed by law for the payment of taxes
in any year.
Nulla bona ^^^' ^^^' ^^^ exccutious issucd for the collection of taxes by
to\e ^rTturned ^^^ County Treasurers and returned "nulla bona" for any
to Auditors, rcasou or "double entry," or which are not collected for any
-26^^' ■^^^^•' reason, shall be filed in the Auditor's office within one year
from the expiration of the time for the payment, without pen-
alty, of the taxes for the collection of which the executions are
issued.
Auditor to re- The Auditor, on the filing of the said executions, shall give
ceip ere or. ^ j-g^eipt to the Couuty Treasurer for the same, stating the
amount due on each execution and the name of the party
against whom the execution is issued, the kind and location of
the property, the nature of the Sheriff's return and as full
description of the property as he can furnish from his records ,
and he shall at the same time furnish a duplicate of said
receipt to the Secretary of State, as the agent of the Sinking
Fund Commission.
_ Agents o f Scc. 104. Any agent of the Sinking Fund Commission shall
Commission to be allowcd free access by the Auditors, the Treasurers and
be allowed free . . . , , ,, jj.11
access to books Sherifts to said executions, and to the tax books, and to all
Sheriffs a n d recofds in their respective offices relating to tax matters, and
— may proceed to collect all tax claims pertaining to said execu-
tion, and also which pertain to such executions for taxes un-
OF SOUTH CAROLINA. 51
A. D. 1902.
collected which may be lost or otherwise unaccounted for by "^^ — ."-^-^
the Sheriff or Treasurer in any year prior or subsequent 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 dutiero?a<^^en1
not stayed by the action of any judicial process, including ^^^^^n'^^l^^H^^
cases of partial 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 provisions
of this Article for any such shortage in returns and payments in
proportion 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 tax-
payer to appeal to the State Board of Equalization of railroad
property, to be convened in extra session 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 105 to iii
inclusive.
Sec. 105. It shall be lawful for the Secretary of State, as Powers cf
agent of the Commissioners of the Sinking Fund, or for his state as to
,1 • 1 - - . , forfeited lands
authorized agent, to prepare a statement of the simple taxes,
with fifteen per cent, penalty thereon for each and every levy 82.
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 Valuation.
may deem just and equitable.
Sec. 106. The Secretary of State shall then, by himself or his j^^^^J^ ^ *■ y °^
agent, enter upon the lands and personally serve a copy of such j^^^^nd for
statement of dues, with a demand for payment of same, together payment.
with the necessary mileage, advertisement, and other costs and ^^•
charges accrued thereon, upon any person whom he finds in pos-
session of the land, or of any part thereof ; and if he fails to find
CIVIL CODE
any one in possession of the land, or any part thereof, upon
Posting copy, such entry he shall post a copy of such statement and demand
Service. 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 lo-
cated; otherwise he shall, for three consecutive weeks, insert
Pubiicati o n ^^ somc paper published in the County, or having a circulation
of notice. therein, an advertisement, briefly describing the land, with the
total amount due thereon, together with the mileage, advertise-
ment and other costs, and a demand for the payment of the
same within three weeks from the date of the first insertion,
under pain of distress and sale of the land to satisfy said de-
mand, with costs. If payment in gold, silver or paper, national
o n'^n o'^n^pTy- currcncy of the United States, be not made within three weeks
ment. from the date of personal service, posting or first insertion of
advertisement as above provided, then it shall be lawful at any
time thereafter for the Secretary of State, as agent of the Com-
issue^*^"*'"" ^° missioners 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 law-
ful deputy, requiring and commanding him to levy the same
by distress and sale of all of the said land in default to satisfy
sale!' ^ ^ ^ ^""^ th^ taxes. State, school. County or other special levies, penal-
ties, 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
rfnT™r°exIcu- blanks to suit cach case) , viz. : ,
tion. Secretary of State, as ex oMcio agent of the Commissioners of
the Sinking Fund, to the Sheriff of County,
or to his lawful deputy : Whereas 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, posting,
or advertisement of same as law requires, and the neglect of
owner or person in interest to pay the above charges : These
OF SOUTH CAROLINA. 53
A. D. 1902.
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 dollars,
the penalties, costs and charges thereof, and for so doing
this shall be your sufficient warrant. Given under my hand and
seal this day of ., A. D., 18
Secretary of State and ex ofUcio Agent of the Commissioners of
the Sinking Fund.
Sec. 107. For every such statement and demand prepared, ^^^^ g^"'jjg°g*^
and so personally served or advertised by the Secretary of j^
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 ac-
tually 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 war-
rant issued by the Secretary of State, not more than two dollars.
And the Sheriff shall take out of said land in default the follow-
ing fees in the execution of his office : For serving warrant, sheriff's fees.
one dollar, besides mileage at the rate of five cents for each
mile actually traveled in executing the warrant; for adver-
tising 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 printer's fee.
for advertising shall not exceed fifty cents for each tract of land
levied on under execution; and the Sheriff is prohibited from Limitations
demanding or collecting any greater sum therefor than is "hafges^ '^ ' ^'^
hereby allowed; nor shall he receive fees upon nulla bona re-
turns, nor from any other source than from the particular parcel
upon which the particular fees, costs and charges accrue.
Sec. 108. Under and by virtue of said warrant or execution sh e r i ff to
the Sheriff shall seize and take exclusive possession of said land ^o^f^^^Pd^^^^^'""
in default, and, after due advertisement, sell the same before the ^dver 1 1 s e-
court house door of the County, on a regular salesday, and ""^"^ ^'^^ ^^^^•
within the usual hours for public sales, for cash; make title _Z'.^l!!:
therefor to the purchaser complying with terms of sale, and ^^■
annex to said title the duplicate warrant, with endorsement
thereunder ; put the purchaser in possession of the property Purchaser to
sold and conveyed, and, after deducting from proceeds of sale session. ^"^ ^°^'
the amount of taxes, penalties, costs and charges, shall pay Application
over to the former owner, or to parties in legal interest, as °^ proceeds.
CIVIL CODE
their interest may appear upon conclusive proof thereof, the
surplus, if any there be, and shall pay to the Secretary 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, advertisement, and sale :
su^1u™to''se°c^ ■^^''^^'^^<^:' That if the surplus be not paid over by the Sheriff
retaryof State, -^j^i-iin 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-
Accompany- retary of State, with an accompanying statement, certified to
mg statement. ^^ ^^^ officially, fully describing the land from which the par-
ticular surplus was derived, and showing clearly the amount for
which said land was sold, the amount of costs and charges dis-
D i s position burscd thcrcf rom by him and the surplus remaining, and
o/stfte'^'^^*^'^^ ^^^^^^y P^^*^ 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.
Funding after ■^"'^ ^^at any surplus uot SO refunded within five years shall
five years. ^^ passcd 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 pur-
chaser thereof for the amount of said taxes, costs, penalties
and charges, and the Sheriff shall thereupon execute titles to
Sinking ^Fund the Said Commissioners of the Sinking Fund as to any other
ommission. purchaser and in the manner above provided, and shall put
receive posses- them or their authorized agent in possession of the premises,
"°"' 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 Corn-
State^.^ ^*^ ° missioners of the Sinking Fund shall be treated by them as
To be sold, asscts 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 advantageous to the State.
OF SOUTH CAROLINA.
State V. Evans, 33 S. C, 184; 11 S. E., 697. The defaulting tax payer has the
right to redeem by paying the taxes and costs at any time prior to the sale. — Ebaugh
V. Mullinax, 40 S. C, 244; 18 S. E., 802.
Sec. 109. In case any owner or person having any interest in Petition by
cj -' owner.
any parcel of such land alleged to be in default by the Sec
retary 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
writing, 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 judg- c-^^'l^ V *d
ment upon such appeal, provided the appealing petitioner. Commission.
Avithin twenty days of the ruling of the Secretary of State, file
with the Secretary of State a written appeal to the said Board, „
-' ^J^ _ ^ ' Papers on ap-
with all papers in the case, and pending the decision of the peai.
said Board on such appeal there shall be a stay of the issuing
of the warrant to the Sheriff: Provided, That if, before the „^ ,
' stay of war-
issuing of the execution by the Secretary of State to the rant.
Sheriff, any owner or person interested in the land shall per-
sonally file with the Secretary of State, or with his agent, notice
that he deems the valuation fixed by the Secretary of State Proceedings
as excessive, and that he desires the Township Board of As- valuation,
sessors to value the property, then it shall be the duty of the
Secretary of State, or his agent, to call upon the said Town-
ship Board of Assessors for the Township in which the land Assessment
is located, to certify to him a valuation of the said land, with Board,
improvements thereon, under pain of any member being re- Penalty for
moved from office and being fined five dollars by any Magis-
trate, (one-half of said fine for the benefit of the Commis-
sioners of the Sinking Fund and one-half for the person de-
manding 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, without right of appeal therefrom : And pro-
vided, further, If the said owner, or persons, in interest, do not Valuation final,
appear and personally serve in writing the Secretary of State,
or his agent, with such personal notice of appeal to the Town-
ship Board of Assessors, they shall be ever afterwards barred Bar.
from any appeal whatever from the valuation placed upon
the land by the Secretary of State, or his agent.
56 \ CIVIL CODE
A, D. 1902.
^-'■v-^-^ Sec. 110. The failure of the tax duplicates to show the
Tax dupH- payment of any levy, or part thereof, made by the General
prima facie ev- Assembly, shall, in all Courts of this State, be received as
idence. -^
-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 execution and sale
Sufficient war- h,ei-ein provided, and no rebutting evidence shall be in any
^^_ proceeding in this State admitted except the production of the
idence limited, tax receipt, sigucd by the County Treasurer, or a receipt or cer-
tificate, 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,
Proviso. That such receipt, or certificate of payment, shall be evidence
only as to the particular levy to which it refers, and shall not
affect any other levy, or charges or action hereunder.
Sec. 111. In all cases of sale, the Sheriff's deed of convey-
Wio^fociV ev^ ^^^^^' whether executed to a private person, a corporation, or
^£f^^f^ ^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 requirements of
the law have been complied with. No action for the recovery
acti^n^^*'°" °^°^ ^^^^ sold by the Sheriff under the provisions of this Act,
or for the recovery of the possession thereof, shall be main-
tained unless brought within one year from the date of sale,
and unless it be sustained by conclusive evidence from the
tax duplicates, or from a tax receipt signed by County Treas-
Necessary ev- urcr, or by a Certificate signed by the Secretary of State, or
idence. j^y jjjg agent, showiug 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.
Cumulative Scc. 112. The remedy afforded by Sections 105 to iii
inclusive is additional to existing remedies, and the Commis-
sioners of the Sinking Fund shall always have the choice of
Choice of remedies, and the right to abandon either remedv at any stage
remedies. "^ . . '
of proceedings and adopt any other existing remedy, i he pro-
Existing suits, visions of this Act may be applied to cases already in suit, as
well as to other cases.
OF SOUTH CAROLINA.
Sec. 113. Except as to the collection of all such tax
claims as are described and set forth in Section 104, the Sink- sjP° ^^^ ^/^ o|
ing Fund Commission shall not collect any tax for the Sink- p^^^'^g'^^li^'' i'^"-
ing Fund Commission: Provided, That the Sinking Fund «f ^l^^^^^l/^
Commission shall have the right to fully investigate all cases Jf^^tf^ <=°iie^-
of tax receipts issued by County Treasurers, Sheriffs or Deputy 1900, xxiii.,
Sheriffs, found by the agent in the hands of the taxpayers, the 353-
money therefor being not turned over and accounted for by
such Treasurer, Sheriff or Deputy Sheriff, and other like irreg-
ularities 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 com-
petent jurisdiction un.der existing laws, such sums being past
iue and unpaid for twelve months, and having escaped the
detection and correction by the Comptroller General in the an-
nual settlement 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
telongs, after deducting ten per cent, of said balance on ac-
count of expenses of collecting said balance.
Sec. 114. Whenever, under operation of existing law, unpaid ^Unp^Wfj^^io^°j
taxes, costs and penalties have become, or hereafter shall t)e-|,y^s>g^^^jS
come, assets of the State in charge of the Commissioners of^sj^°^n^ to^^be
the Sinking Fund by reason of the same being past due andCcmnty Treas-
Tinpaid for twelve months, whether the same be upon or off the jgge xxil^
Tax Duplicate, or upon or off the Forfeited Land List as for- ^i-
feited prior to December 24th, 1887, the Secretary of State,
as agent of the Commissioners of the Sinking Fund, shall here-
after, once a year, pay over to the respective County Treas-
urers (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.
Sec. 115. The Sheriff of each County shall be required, at
the request of the Sinking Fund Commission, to take and hold
CIVIL CODE
possession of all lands forfeited and sold to the State for taxes,
of ^landf *^fo" ^^^ ^^^^ °^^ ^^^ Same for said Commission, and negotiate sales
to'^stat"'^ ^°^^ ^^ ^^^ same, and shall rent out and negotiate sales of any
— XXII ^^^^^ ^^ h^^ County belonging to the State, and collect all of
729- said rents, and have the right to proceed to collect the same,
in the name of the Commission, by any and all of the proceed-
ings allowed by existing law.
Sheriff's gee. 116. For doing said renting he shall have a com-
Commissi o n s ° °
for rentingjjiission of ten per cent, on all rents collected, and for making
forfeited lands. '^ ' °
— ^TT-— sales he shall have five per cent, of the amount realized from
1899; XXIII; _ ....
259- said sale ; but he shall receive his commissions on each in-
stallment when it is paid, if the sale should be partly for cash
Sheriffs t o ^^^ partly on time. The Sheriff shall promptly send to
ta?'^ of ^state ^^^ Secretary of State a minute and full description, in writing,
description^ oi gf all property purchased at tax sale for the Sinking Fund
tie^deed^"'^ ti- 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 General;
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
Sheriffs until the land or property upon which said costs of
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
f e*^e°s^ wfhTn^^^^^^" • Pfovided, That in cases where any such sale and
paid. conveyance have occurred since the eighteenth day of Feb-
ruary, A, D. 1898, the Commissioners of the Sinking Fund,
after the deed of conveyance and the possession of the land
have been turned over to them, and they have become satisfied
as to the regularity of the proceedings under which the land
was sold and conveyed, 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.
Sheriff to act That in holding, or renting, or negotiating sales of property,
of"^!""! n'^k^ n°i °^ collecting money for the Commissioners of the Sinking
^on!^ ^°"""^^' Fund, the County Sheriff 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 Commis-
sioners may require.
OF SOUTH CAROLINA.
The said Sheriff's official bond shall be liable for the funds
so collected for the Sinking Fund Commission, less his com- if aTu^ ^f°o r
, 1 funds collect-
missions on the same. ed by him.
Sec. 117. No expenses for surveying- out abandoned lands ^^Expenses^ of
for the Sinking Fund Commission shall be incurred unless a ^^ p^^^-
prospective purchaser shall deposit enough of money with the^^^^gS; xxii..
Commission to cover said expenses of the survey, or shall file
a written agreement with said Commission to look to the pro-
ceeds of the lands when sold, and to no other source, for
his pay.
Sec. 118. When any lands shall be sold by the Commission Commission-
■^ -^ ers to refund
as abandoned lands, and it turns out that the lands are not money to pur-
' chasers who
abandoned, but the taxes have been paid, and the purchaser have purchas-
' ^ ed lands which
loses the land, the Commissioners shall refund the money to turn out not
' to be aban-
said purchaser. doned.
Sec. 119. The number of salaried field agents employed by Ntimber of
° 1 salaried field
the Commissioners of the Sinking Fund shall be one, at a salary agents
not exceeding one hundred dollars per month, payable out of
his collections for the Commissioners of the Sinking Fund,
who shall discharge the duties imposed by the provisions of
this Article, and without other compensation shall also perform
such other field work relating to escheated land and other
matters as the Commissioners of the Sinking Fund may re-
quire : 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.
Sec. 120. Where the officials of a County charged with the ^^d^u t y^^^o^f
assessment of property, or collection of taxes, shall discover or^ as to^prop^
any property off the tax books, the County Auditor is author- books.
ized to charge same on tax books (and at once notify the 1898, xxii..
Comptroller General, who shall immediately notify the Secre-
tary of State, as agent of the Sinking Fund Commission,) 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. No County
Auditor 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 Commission.
6o CIVIL CODE
A. D. 1902.
And the Sinking Fund Commission's agent shall give said
notice to said Auditor, immediately on discovery of facts ren-
dering it necessary to investigate as to any such piece of prop-
erty. 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 Sheriff have or shall have lost any tax execu-
tion 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 execu-
tions 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: Provided, That this provision shall not
affect in any manner the rights and powers of County Treas-
urers to enforce the collection of taxes by Sheriffs under exist-
ing laws exercised within one year from the time the same
became past due.
State insur- Scc. 121. After the expiration of the policies of insurance
on any and all public buildings in and of this State, and of
z97\'i9oi lb'.', the several Counties of this State, colleges, graded school build-
^^ ■ ings and common school houses excepted, now of force, no
be insured.^ ^° iusurancc shall be taken on any of such buildings for a longer
time than until the first day of January, 1901 ; and after that
date all insurance on public buildings shall be carried in the man-
ner hereinafter provided, excepting in cases in which policies
of insurance heretofore taken out may expire after ist January,
1 90 1, to which case the provisions of Sections 122 to 128 in-
clusive shall not apply until the expiration of such policies.
Premiums. Scc. 122. Beginning on the first day of January, 1901, or on
ih. the expiration of such policies as may expire after the ist
January, 1901, there shall be paid annually to the Commission-
ers of the Sinking Fund, by each County in this State, one-half
the amount paid annually in premiums for insurance on its
public buildings, for the purpose of creating an insurance sink-
ing fund, which money, when received by said Commissioners
ance.
OF SOUTH CAROLINA. 6i
■ A. D. 1902.
of the Sinking Fund, shall be held and invested by them as ''^ 1 ' '
other funds in their hands, for the purposes hereinafter pro-
vided; and a separate account of such funds shall be kept.
Sec. 123. The value of public buildings of each of the surtr"*"* ''"
Counties, as fixed by the policies of insurance on said buildings J^_
now of force, shall be taken to be the value of such buildings,
and the amount of insurance fixed by said policies be the
amount of insurance to be allowed and carried on said buildings
under this Article.
Sec. 124. The State Treasurer shall pay annually to the.
Commissioners of the Sinking Fund, one-half of the amount
now paid annually in premiums for insurance on public build-
ings of the State. No insurance shall be carried on the State
House.
Sec. 125. The value of all public buildings hereafter built value.
Premiums.
lb.
I n s u r able
shall be the actual cost of such buildings, and the insurance ib.
to be carried shall be three-fourths of such value.
Sec. 126. In case any of such public buildings, of any County of loisls!"*^ "
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 in-
surance carried under this Act shall be paid by the Commission-
ers 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 under this Act, 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 dam-
aged, and use the same to pay for the rebuilding or repairing of
such building.
Sec. 127. When the insurance fund herein provided for Limit of in-
'■ surance lund.
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
62
CIVIL CODE
A, D. 1902.
Officers t o
insure build-
ings.
lb.
losses, and in that event the premiums of insurance shall be
again paid as provided in Sections 123 and 124, until the fund
again reaches the sum of two hundred thousand dollars.
Sec. 128. The proper officers, having by law the care and
custody of State or County buildings, shall insure such build-
ings under the provisions of this Article, whether said buildings
have been heretofore insured or not.
Sec. 129. In those Counties where no insurance is at present
Values, how
fixed where no
n'^w'^Mrried.*^ carried on the public buildings, or where it is desired to in-
ib. crease 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, appointed in the manner provided for
appointing appraisers in Section 126. The amount of in-
surance carried on any building insured under this Article shall
not exceed three-fourths of the value of such building ; and the
rate charged for insurance 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.
ARTICLE II.
Land Containing Phosphate Rock, Shell Fish, Oyster
Beds and Phosphatic Deposits.
Sec.
130. Board of Phosphate Commis-
sioners ; constitution of, and
compensation.
131. Chairman and Secretary of
Board ; quorum.
132. Board has exclusive control
of State's phosphate inter-
ests ; exceptions.
133. Powers, rights, &c., of Board.
134. Charged with protection of
State's interests in all phos-
phate deposits and mines, as
against adverse claimants.
135. Survey of State's phosphate
territory.
136. Phosphate Inspector ; ap-
pointment and salary.
137. Powers of Board as to grant
of licenses.
138. May grant or refuse applica-
tions for license.
Sec.
139.
140.
141.
142.
Bond of licensee ; condition ;
how approved.
Returns of rock mined and
payment of royalty ; when
and to whom made.
Power of Board to raise roy-
alty and limit thereof ; no-
tice of increase.
Limit of royalty, &c.
143. Board notifies Comptroller-
General of license issued ;
time and particulars of no-
tice.
144. When additional security to
bond may be required ; pro-
ceedings.
145. Proceeding for relief of sure-
ties ; new bond and its ef-
fect.
OF SOUTH CAROLINA.
63
A. D. 1902.
Sec.
146. Coosaw River phosphate ter-
ritory ; powers and duties
of the Board in relation
thereto.
147. Board to report annually to
General Assembly.
148. Mining without license ; pen-
alty.
149. Buying or receiving from per-
son not licensed.
Sec.
150. Penalty.
151. Board may take proceedings
to prevent interference, &c.
152. Forfeiture of boats, dredges,
&c., used by unlicensed per-
sons ; proceedings to enforce
same.
153. Protection of oysters, &c.
The effect of this Act considered in Coosaw Mining Co. v. State of So. Ca., 144
U. S., sso.
Section 130. A Board of Phosphate Commissioners is estab- Board of
lished, which shall be constituted as follows : The Governor, commis's^^o n^
the Attorney General, and Comptroller General, and two per- l\^^ n *^of ^"^an^d
sons, citizens of the State ; the last two to be appointed by the '^°'"pe"sation.
Governor, Attorney General and the Comptroller General for j g^"o,^xx.',
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
Capital. 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 engaged in performing the duties of their
office.
See. 131. The Governor shall be Chairman of the Board, and chairman and
three members shall constitute a quorum for the transaction of b o a r d^ Vo-
any business pertaining to the Board, and the Secretary shall •^"'"'
R. s.
692.
J; lb.,
be appointed from among the members of the Board.
Sec. 132. The Board shall be charged with the exclusive con- Board has
trol and protection of the rights and interest of the State in troi "oTstaTe"s
the phosphate rocks and phosphatic deposits in the navigable terestsf excep-
streams and in the marshes thereof, except that the Comp--^^^^^
troller General shall continue to receive the reports of rock ■ • ^'
mined and dug and the royalty paid into the State Treasury.
Sec. 133. All the powers, duties, rights and privileges vested Powers, rights,
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 phosphate rocks and phosphatic
64 CIVIL CODE
A. D. 1902. "
^-^"v""^^ 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.
Charged with gee. 134. The Board are further authorized and empowered
protection o i '■
State's in t e r- ^q inquire into and protect the interests of the State in and to
e s t s in all -^ -^
phosphate de- any phosphate deposits or mines, whether in the navigable
mines as waters of the State or in land marshes, or other territory owned
against adverse
claimants. or claimed by other parties, and in the proceeds of any such
R. s. 91 ; lb., mines, and to take such action for, or in behalf of, the State, in.
694.
regard thereto, as they may find necessary or deem proper.
Survey of Sgc. 135. The Board are hereby empowered and directed, if
State sphos- .',,,. ^,
p h a t e terri- they scc propcr, as soon as practicable, to begin a survey of tne
-— State's phosphate territory, and for this purpose they may em-
R. S. 92; lb. J ' . . . .
692. ploy such experts and other persons, and may obtain, by pur-
chase or otherwise, such a dredge or other apparatus as shall
be found necessary to prosecute this work in a thorough
^, , ^ manner.
Phosp hate
Inspector. Scc. 136. The Said Board shall appoint a Phosphate In-
R- s. 93^ lb., spector, whose salary shall be at the rate of twelve hundred
1900, XXIII., Jr ' J
413- dollars per annum, payable monthly, and whose power and
duties shall be prescribed by the said Board.
Powers of Scc. 137. The Board are authorized to grant to all citi-
Board as to . ^ ,
grant of li- zeus of the State, and bodies corporate, applying for the
censes. i j. -^ <-?
- — -r — same, licenses granting a general right to dig, mine and
s. 67, 69 and remove phosphate rock and phosphatic deposits from all the
XVI., 7 8 i! navigable streams and waters and marshes of the State, and
840. °
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.
May grant Scc. 138. In cvcry case in which such application shall be
or refuse ap- -^
plications for made to the Board for a license, the Board may grant or refuse
license. ^ <j
— r — the license as they may deem best for the interest of the State
R. S. 95;
1884, XVIII., and the proper management of the interests of the State in such
779. , .
deposits.
The duty imposed by this Section involves discretion, and mandamus will not
issue requiring the Board to grant such license. — State v. Hagood, 30 S. C, 519;.
9 S. E., 686.
In the exercise of their discretion the Board cannot determine the constitution-
ality of the Act. — lb.
Sec. 139. As a condition 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
OF SOUTH CAROLINA.
penal sum of five thousand dollars, conditioned for the making,
at the end of every month, of true and faithful returns to the Bond of li-
censee; condi-
Comptroller General of the number of tons of phosphate rock tion; how ap-
■^ proved.
and phosphatic deposits so dug or mined, and the punctual pay — -—— -
ment to the State Treasurer of the royalty hereinafter pro- s. 96; 1878,
1-111 XVI., 781.
vided at the end of every quarter or three months, which bond
and sureties therein shall be subject to the approval now re-
quired by law for the bonds of State officers.
Sec. 140. Each and every person, or body corporate, to whom Returns o f
^ ^ -^ '■ rock mined
licenses shall be issued, must, at the end of every month, make and payment
of royalty,
to the Comptroller General true and lawful returns of the when and to
whom made.
phosphate rocks and phosphatic deposits they may have dug or ■
mined during said month, and shall punctually pay to the State s. 97; ib.;
Treasurer, at the end of every quarter, or three months, the 393-
royalty provided by law to be paid thereon, which shall not ex-
ceed 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.
Sec. 141. The Board of Phosphate Commissioners of this ^ Powers o f
^ Board of Phos-
State are hereby vested with full and complete power and phate Commis-
^ _ sioners to fix
control over all mining now being done, or hereafter to be rates for dig-
. ~ -gingphos-
done, within the phosphate territory belonging to the State of phate.
South Carolina, and over all persons or corporations digging R. s. 98;
or mining phosphate rock or phosphatic deposit in the navi- 504-
gable 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 phos-
phate rock dug, mined, removed and shipped or otherwise
sent to the market therefrom : Provided, 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.
Sec. 142. The Board of Phosphate Commissioners of the „ ,
^ Royalty to be
State are hereby authorized and efnpowered to fix the fixed.
royalty to be paid the State by parties mining in the navi- g'^93. xxi.,
gable waters and the marshes of this State at such amounts,
not to exceed two dollars per ton, and for such periods, as Limit.
they, upon full investigation and examination, may deem ad-
^.— C.
66 CIVIL CODE
A. D. 1902.
^-^Y-"~' visable : Provided, That six months' notice be given of any
crease^^ ° '"' raising of such royalty above the sum of one dollar.
fies'^°Colptr°oi- ^^^' ^^'^' ^^^ Board shall, within twenty days after the
if c e n^le^l iv S"^^^^ ^^ ^'^Y liccnscs, as aforesaid, notify the Comptroller
sued; time and General of the issuing of such licenses, with the name of the
particulars of _ ° '
"°<^<='- person to whom issued, the time of license, and the location for
o% ^-v^' which it was issued.
1889, X X.,
^98. Sec. 144. Whenever the Board shall have reason to doubt
When addi. the solvcncy of any surety whose name appears upon any bond
tional security j j j rrxrj
to bonds may heretofore executed, or which may hereafter be executed, for
be requi red; -' '
proceedings, the purposc of Securing the payment of the phosphate royalty
188^' xviii ' ^^ ^^^ person, or corporation, or company, digging, mining
304- 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.
Procee di nj gcc. 145. It shall be the duty of the Board, upon petition
sureties; new filed by any pcrsou who now is, or shall hereafter become,
bond and its j j sr
effect. surety on any such bond as aforesaid, and who considers him-
R. s. loi; ih. self in danger of being injured by such suretyship, to notify the
person, corporation, or company, giving said bond to give a
new bond with other sureties, and upon failure to do so within
thirty days, to cause said person, company 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 suretyship.
cr*?hos7h?i''e Sec. 146. The Board are hereby authorized and directed
^wnT'dE after the first day of March, 1891, to take possession and
Kiati^n^^'there'^ control of the Coosaw River phosphate territory heretofore
^ occupied by the Coosaw Mining Company, and to issue licenses
I 8^9 of" x^x.' to mine therein, and remove phosphate rock and phosphate
XXI.,' 383.^^' deposits therefrom, in^ike manner as is now provided by law
for the other navigable streams and waters of the State :
Provided, 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
OF SOUTH CAROLINA. 67
■ ~~ A. D. 1902.
parties shall have paid thereon a royalty, to be fixed by the ^— -y-«»-^
Board at not exceeding two dollars per ton, on each ton of
phosphate rock or phosphatic deposit dug, mined and removed :
Provided, That six months' notice be given before raising roy-
alty above one dollar.
Sec. 147. The Board shall report annually to the General o?t°^a1inuan'
Assembly their actings and doings during the year, and to the gej^^f"^*"^^ ^^'
time of the meeting of the same, with an itemized account of Tr"^ —
o ' R. S. 103; lb.
their expenses for said year.
Sec. 148. Every person or corporation who shall dig, mine, ^^'"^"^g j^^*^'
or remove any phosphate rock or phosphatic deposit from penalty.
the beds of the navigable streams and waters and marshes of <, ^^- ^- ^s; R-
. S. 104; 1877,
the State without license therefor previously granted by the ^^'^ 30s.
State to such person or corporation shall be liable to a penalty
of ten (10) dollars 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 com-
petent jurisdiction ; one-half of said penalty to be for the use
of the State, and the other half to the use of the informer.
Sec. 149. It shall not be lawful for any person or corpora- reed" m*^^ from
tion to purchase or receive any phosphate rock or phosphatic censed. "°^ ^''
deposit dug, mined or removed from the navigable streams or q g. 66; r.
waters or marshes of the State from any person or corporation ^' ^°^' ^^'
not duly authorized by Act of the General Assembly of this
State to dig, mine or remove such phosphate rock and phos-
phatic deposit.
Sec. 150. Any person or corporation violating the preceding penalty.
Section shall forfeit to the State the sum of ten dollars ($10) g. s. 67; r.
for each and every ton of phosphate rock or phosphatic deposit • '°^- ^•
so purchased or received, to be recovered by action in any
Court of competent jurisdiction; one-half of said forfeiture
to be to the use of the State, the other half to the use of the
informer.
Sec. 151. Should any person whosoever interfere with, ob- take°%rocee^
struct, or molest, or attempt to interfere with, obstruct, or mo- v"lt inter?er-
lest, the said Board of Phosphate Commissioners, or any onef!!!!! t
by them authorized or licensed hereunder, in the peaceable 1890, xx., 693!
possession 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 Phosphate Commissioners
are hereby authorized, and in the name and on behalf of the
State of South Carolina, to take such measures or proceedings
68 CIVIL CODE
A. D. 1902.
^ r — ' as they may be advised are proper to enjoin and terminate any
such molestation, interference, or obstruction, and place the
State, through its agents, the said Board of Phosphate Com-
missioners, or any one under them authorized, in absolute and
practical possession and occupation of the same.
bo^tI^^dred^e°s^ ^^^' ^^^' Should any person or persons, corporation or cor-
uni'icensed er^ porations, attempt to mine or remove phosphate rock and phos-
sons; proceed- pj^a^^j(. dcposits from any of the said marshes and navigable
force same. yyatcrs and Streams, including the aforesaid Coosaw River
^6 ^' ^°^' phosphate territory, after the said first day of March, 1891, by
and with any boat, vessels, marine dredge or other appliances
for the same, without the leave or license of the said Board of
Phosphate 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 Attorney Gen-
eral, for and in behalf of the State, to institute proceedings
in any Court of competent jurisdiction for the claim and de-
livery thereof, in the ordinary form of action for claim and
delivery, in which actions the title of the State shall be estab-
lished by the proof of the commission of any such act of for-
feiture 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 delivery,
of oyster\'edI! ^60. 153. The Board of Sinking Fund Commissioners and
^""^ ^~:the Fish Commissioners are hereby authorized and required to
lioo^' ^establish, publish and enforce such regulations and rules as
they may deem necessary to protect the natural oyster beds
and shells of this State, for the use of citizens of this State,
and prevent indiscriminate fishing for oysters therein.
OF SOUTH CAROLINA.
ARTICLE HI.
Other Property of State — Miscellaneous Provisions.
Sec.
157. Manner of building regulated ;
how enforced.
158. Certain lands in Charleston
vested in city.
159. Certain lands in Beaufort
vested in town.
160. State House and grounds.
161. Legislative Library.
162. College buildings.
163. Protection of lands from in-
trusion and nuisance.
Sec.
154. Sullivan's Island. — Citizens
may build dwelling houses
on and be allowed half acre
lot adjoining ; rent.
155. Hold as tenants, from year to
year, but must deliver up
on Governor's demand with
liberty to remove buildings ;
assignability, &c., of title ;
rights and remedies.
156. Actual building of dwelling
house essential to vest title
to lot, within time limited. gujj i y a n's
Section 154. Such of the citizens of this State as may think it — ; — '■
beneficial to their health to reside on Sullivan's Island during s. iio'; j.'r.!
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 building shall have the exclusive right to
the same, and one-half acre of land adjoining thereto, as long
as he, she, or they, may require, for the purposes aforesaid:
Provided, The person or persons, building as aforesaid, pay
to the Treasurer one penny annually, if required, for the use
of the said land. g. s. 71; R.
Sec. 155. The present owners of lots on Sullivan's Island, 609."^'
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 tenants, from year to year, in
and to the lots now owned by them, respectively; upon con-
dition, 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 here-
after 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 res-
titution and redress for any trespass, ouster, or injury which
they may suffer, or may be committed upon them, as tenants
for vears now have, or are entitled to.
CIVIL CODE
A. D. 1902.
-»- ^ — — ^ Before enactment of this Section the occupants of the Island were mere tenants
at will of the State, and a parol contract for sale of a house thereon was void
under Statute of Frauds. — Whetmore v. Rhett, 12 Rich., 565.
s ^'ifz-^^vf' ^^^' ^^^' ^^ exclusive right to a lot on the said island shall
^31- be obtained by any citizen otherwise than by his actually build-
ing a dwelling house thereon ; and if such dwelling house shall
be removed or destroyed, the owner thereof shall have the ex-
clusive right to rebuild on the same lot for one year thereafter ;
and if no dwelling house be built by him within that period,
such lot shall again be considered as vacant,
jgjSuUi van's ggg^ ^57^ Hereafter no person shall erect, or cause to be
G s 72- R ci'ected, more than one dwelling house on each half-acre lot
s. 113; VII., in tjig 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 lawful deputy.
Certain lands Scc. 158. All vacaut land, not legally vested in individuals,
in Bea ufort. i-^^ii • i-
and Char 1 e s- m the harbor of Charleston, covered by water, is vested in
ton Counties , /-■•/.,-., , r 1 i- 1 1
the City of Charleston, for public purposes, but not to be so
s. 1 1'4; 'lb.', used or disposed of as to obstruct or injure the navigation of
said harbor.
lb. Sec. 159. All the land lying directly and immediately in front
G. s. 74; R- of the streets, in the town of Beaufort, which run northwardly
335- ' ' 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 never be granted by any
Governor of this State, or be otherwise vested in any individual
or individuals, or any 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.
lb., 382. Such persons as may have obtained a right to any lots oppo-
site the said streets, in the said town of Beaufort, previous to
the 2 1 St 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.
OF SOUTH CAROLINA.
Sec. 160. The Secretary of State is ex officio Keeper of the
State House and Grounds, and shall be charsred with the care §t^« House
' ° and Grounds.
of the property, including buildings, fencing, and the furniture ^ g — ^7^
and fixtures therein. He may make such repairs and improve- S- ns^; ib.,
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 per-
formed by them.
Sec. 161. The sum of five hundred dollars shall be annually ^j^^^^i^iat i v e
appropriated for the purchase of a library for the use of the
members of the Senate and House of Representatives of this ^;
State. ' ^jj^ ^^.^^
Sec. 162. The Comptroller General shall be, and he is hereby, ings.
authorized and required, annually, to insure against
college buildings at Columbia.
Sec. 163. The Attorney General may, when, in his j^^dgment,^j^[°^^^*j^°j^
the interest of the State requires it, file and prosecute infor- intrusion and
^ ' ^ nuisance.
mations or other process against persons who intrude upon ^ g — —
the lands, rights or property of the State, or commit or erect |g ^^^'> ^^^••
anv nuisance thereon.
G. s. 77; R-
117; v.,
24.
fire the G. s. 78; R.
S. 118; VI.,
139-
CHAPTER VII.
The Census.
Sec.
164. Census, when required ; to be
taken according to this
Chapter.
Governor appoints Census
Takers, who appoint their
assistants.
Oath of Census Takers and
Assistants.
Duties of Census Takers.
Members of family must give
information on oath ; pen-
alty.
Returns must be deposited
with County Auditor under
seal.
165.
166.
167
168
169.
Sec.
170
Division of County into Cen-
sus Districts ; blanks and in-
structions ; forwarding re-
turns.
171. Secretary of State to prepare
books, &c., report results to
Governor, and make returns
to General Assembly.
172. If Census Takers fail to com-
ply with Census Law, Gov-
ernor to have census taken.
173. Pay of Census Takers ; Sec-
retary of State may employ
assistance in making his re-
turns ; pay for.
See Constitutional Provision for Census, Constitution 1895, Art. III., Sec. 3.
Section 164. When a census of the inhabitants of the State is ,.^^"f"/i 7''^"
requi r c q, to
required to be taken, in pursuance of the Constitution, it shall cordi^ng^to th?s
be taken and completed according to the provisions of this ciiapter.
Chapter. ^- S- i^i.
CIVIL CODE
Sec. 165, The Governor is authorized and required to ap-
a p^^oYST an P°^"^ °^^ persou in each County of the State, who shall be
^a'ih^^Count^ charged with taking the census, and who shall be authorized to
Enumer a t o r ^Ppo^^^ such assistants as may be necessary.
a"*?nt^^assist° ^®^" ^^^' ^^^^ ^^^ cvery pcrson so appointed to take the
^^ ^ census shall, before entering on the duties of his office, take,
G. s. 80; R. before some Magistrate, the following oath, to wit : "I, A.
S. 122; Con., o •> G> J >
Art. Hi., XV., B,^ do solemnly swear (or affirm, as the case may be,) that I
Enumerator ^^^^^ honestlv, faithfully, and impartially, take a correct census
t o*^ t a^k'f ^a n ^^ ^^^ ^^^ inhabitants residing within the portion of the County
oath. Certifi- to which I havc been appointed as Census Taker, and will, in
cate of o a t h -^■'^ ^ '
must ace cm- all rcspccts, trulv perform all the duties with which I am
pany census -^ - ^
return. charged I So help me God." And a certificate from the Magis-
G. s. 81; R. trate who shall administer the said oath that the same has
S. 123; lb.
been duly taken before him shall accompany and be delivered
with each and every return of the census.
Census^ ¥a°i/ ^^^" ^^^ ' ^^ shall be the duty of each and every person ap-
ers. pointed to take the census, to call personally on the head, or
G. s. 82; R. 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 famity, or member thereof, as afore-
said, the number of persons contained in such family, and such
information as may be required and directed by the Secretary
of State.
Members of Scc. 168. Each head, or member, of a family, shall, when
fam 1 1 1 e s re- j ' ^
quired to give called on by the persons appointed to take the census, at their
information _ ■' ^ _ ^^ '
under oath, residence or place of business, make, on oath or affirmation, a
Penalty. -^ ' '
-—correct return of all persons of whom the family is composed,
s. 125; lb. 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.
be^deposited ^^^' ^^^- Upon the Completion of such returns and reports,
Auditor°"under ^^^h Ccnsus Taker shall deposit the same, in a sealed package,
^^^'" with the Auditor of his County, accompanied by a certificate,
s.^'i2%^x'^;to be endorsed by some Magistrate, purporting that the fol-
934- lowing oath had been duly taken by such Census Taker previ-
ous to the delivery of such package to said Auditor, to wit : 'T,
A. B., do solemnly swear (or affirm, as the case may be,) that
OF SOUTH CAROLINA.
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 re-
quired by the Secretary of State, so far as it was practicable to
obtain the same : So help me God."
Sec. 170. It shall be the duty of the Census Takers for the , County to be
-^ . , divided into
County, under the direction of the Secretary of State, to dividecensus dis-
-" -^ ' . tncts. Blanks
their several Counties into convenient districts for takingf the and instruc-
"^ tions. Returns
census, to distribute blanks, books, and instructions to the Cen- to be forward-
' . ' ' . ed to the Sec-
sus Takers, to receive their returns, which shall be completedr etary of
' ^ State.
and forwarded on or before 15th day of September to the Sec —
retary of State, and to render such further assistance to said s. 127; ib.
Secretary in the premises as that officer may direct.
Sec. 171. It shall be the duty of the Secretary of State to ^ Secretary of
-^ -^ State to pre-
have prepared and forwarded to the Census Takers of each pare books,
'■ ^ . , &c., report re-
•County suitable books, blanks and instructions to facilitate the suits to Gover-
nor, and make
registration provided for herein, and the collection of such sta- return to Gen-
... eral Assembly.
tistical information as the Secretary of State may deem of suf —
ficient importance to the people of this State; and when the s. 128; it.
Census Takers shall have made the returns hereinbefore pro-
vided 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 sta-
tistics to the General Assembly within one week after the be-
ginning of the next regular session.
Sec. 172. The Governor of the State for the time being shall, ^ ]i Census
° Takers fail to
immediately after receiving from the Secretary of State the comply with
■^ . ^ .-^ census law,
said report, examine the same, and m case it shall appear to pove rn o r to
^ . . ^ ^ have ce n s u s
him that any person or persons appointed to take the census taken.
as aforesaid shall in anywise have failed to comply with the G. s. 87; R-
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 returned wherever such defaults shall have been made.
Sec. 173. The Census Takers emploved in taking the census Pay of Cen-
^ - . . ^ sus Takers;
shall be entitled to receive as compensation in full for all ser- Commissioner
^ may em ploy
vices rendered the sum of five (O cents for everv name taken, asis t a n c e to
^y ^ - make census
registered and returned in their reports to the Secretary of returns.
State — said compensation to be paid upon warrants to be drawn g. s. ss ; R.
by the Comptroller General whenever he shall have received
satisfactory proof that the services of the claimant have been
faithfully rendered ; and the Secretary of State is hereby au-
thorized to employ such clerical service as will be necessary to
CIVIL CODE
assist him in collating and making his returns to the Governor
and General Assembly, such service to be paid, on the Comp-
troller General's warrant, on the application of the Secretary
of State : Provided, That the said clerical services shall not ex-
ceed the sum of three hundred dollars.
TITLE II.
OF ELECTIONS.
Chapter VIII. The Qualiiication and Registration of Electors.
Chapter IX. Location and Names of Voting Precincts.
Chapter X. The Manner of Conducting Elections and
Returning Votes.
Chapter XL The Election of Representatives in Congress
and Electors of President and Vice Presi-
dent.
Chapter XII. The Election of County Officers.
Chapter XIII. Primary Elections.
CHAPTER VIII.
The Qualification and Registration of Electors.
Sec.
174. Qualification of Electors.
175. Electors to be registered.
176. Board of Registration, ap-
pointment, term of office.
177. Compensation of.
178. Registration Boolss ; prepara-
tion of.
179. Opening and closing of books
regulated.
180. Duties Boards of Registra-
tion ; appeals from.
181. Persons registered before
1898 ; rights, &c
182. Persons registered since
1898 ; rights, etc.
183. Enrollment of registered vot-
ers : when made.
184. Minors may be registered if
of age before next general
election.
185. Certificates of Registration.
186. Transfer ; voters moving from
one County to another.
Sec.
187. Revision of list of electors.
188. Clerk of Court to report list
of persons convicted of dis
qualifying crimes.
189. Magistrates to make similar
reports.
190. Effect of such reports as evi-
dence.
191. Where electors may vote.
192. Where registration books
shall be deposited.
193. When furnished commission-
ers of election.
194. Who may vote in municipal
elections.
195. Registration for municipal
elections.
196. Books for, &c.
197. Qualifications of electors in.
198. Voting places in.
199. Certificates of Registration in.
OF SOUTH CAROLINA.
Sec.
Sec.
200. Managers of municipal elec-
202.
Each Township
tions, to be furnished re-
precinct.
gistration books.
201. Oath required of applicant for
registration.
a polling
The constitutionality of the former registration law was attempted to be raised
before the Courts in Butler v. Ellerbe, 44 S. C, 256; 22 S. E., 425; but was not
considered by the Court.
Section 174. Every male citizen of this State and the United tor'^regiTt'r a-
States twenty-one years of age and upwards, not laboring un- u°^^ist^'"il98!
der disabilities named in the Constitution of 1895 of this State, 1896, xxii.,
who shall have been a resident in the State for two years, in i'^rt al'i 4.""'
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 both read and write any Section
of the said Constitution submitted to him by the registration of-
ficer 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 reg-istered : Provided, That
ministers in charge of an organized church and teachers of pub-
lic schools shall be entitled to vote after six months' residence
in the State if otherwise qualified : Provided, further. That quaiifiedy^
persons who are idiots, insane, paupers supported at the public
expense, and persons confined in ar^y public prison shall be dis-
qualified from being registered or voting: And provided, fur-
ther, that persons convicted of burglary, arson, obtaining goods
or money under false pretenses, perjury, forgery, robbery,
bribery, adultery, bigamy, wife-beating, housebreaking, receiv-
ing stolen goods, breach of trust with fraudulent intent, forni-
cation, sodomy, incest, assault with intent to ravish, miscegena-
tion and larceny, or crimes against the election laws, shall be
disqualified from being registered or voting, unless such dis-
qualification shall have been removed by the pardon of the
Governor.
Sec. 175. No person shall be allowed to vote at any election no pers o n
hereafter to be held unless he shall have been registered as registered" ^^
herein required. 1896, xxii.,
Sec. 176. 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 thereafter, the Governor shall
appoint, by and with the advice and consent of the Senate, if in
y6 CIVIL CODE
A. D. 1902.
Y-"-^ session, and if not in session subject to its approval at its next
re^istra'u 0 n^ ^^^^^°^' subject to removal by the Governor for incapacity, mis-
qP°^"^j;™^ q/ conduct or neglect of duty, three competent and discreet per-
^rm of office, gons in cach county, who shall be citizens and qualified electors
~^^~^—^^~ thereof, and who shall be known as the Board of Registration
34, § 4.ganKi. gf County, whosc duty it shall be to register and
XXII., 703. |-Q 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 appointment, and they
shall continue in office until their successors shall have been ap-
pointed and shall qualify : Provided, That in case of a vacancy
from any cause in the office of Board of Registration, the Gov-
ernor shall fill such vacancy, by and with the consent of the
Senate as aforesaid,
tion""?? ^ mim- '^^^' ^^^ ' The Compensation of cach member of the Boards of
Qf"j^|gj^°^/ff Registration to be appointed under Section 176 shall be one
^^°°- hundred dollars for each election year and fifty dollars for each
34 ^amen^e d' °^ year. The said compensation or salaries shall be paid quar-
704^' "^^^^•' terly by the State Treasurer upon the warrant of the Comp-
troller General. The said Boards of Registration shall keep
their offices open on the days required by law from nine o'clock
in the forenoon until three o'clock in the afternoon.
Books and Scc. 178. The Secretary of State shall cause to be prepared
prepared. ^ Sufficient number of registration books and blanks, so that
1896, XXII.; there shall be two of said books for each 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
cause to be prepared two books for each County, in which
shall be entered the names of all persons registered 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 Section 3 of an Act to provide for the regis-
tration of all electors in this State qualified 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 ist, eighteen
hundred and ninetv-eight, one in the office of the Secretar}^ of
OF SOUTH CAROLINA. ^^
A. D. 1902.
State and one in the office of the Clerk of the Court of Com- ' , '
mon Pleas for each County. He shall also cause to be pre-
pared such books and blanks as may be necessary for the regis-
tration 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,
destroyed, mutilated or filled up. ^^^j^^^ ^^^^^
Sec. 179. The Supervisors of Registration for the several opened.
Counties of this State, shall hold in every general election year, ^^^^' xxni.,
in each and every city or town in their respective counties, con-
taining over five hundred inhabitants, at such time as may be
designated by the Board of Registration, after two weeks' no-
tice posted in such town or city, one meeting, at which shall
be registered such qualified electors of the county as may pre-
sent themselves. The books of registration shall be also opened
on the first Monday of each month, at the Court House, for
the registration of electors entitled to registration under said .^j^'f'.^^^^^''
Constitution, and kept open for three successive days in each
month until thirty days before the general election of eighteen
hundred and ninety-eight, 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 succeeding general election the
registration books shall be open for the registration of electors
entitled to registration under the Constitution on the first Mon-
day in each month at the Court House until thirty days preced-
ing any general election, when the same shall be closed until
such general election shall have taken place : Provided, That
such persons as may come of age between the closing of the
books' and the election shall be entitled to registration before
the closing of the books, if otherwise qualified. The registra-
tion books shall be in like manner closed thirty days before any
special election.
Sec. 180. The Boards of Registration to be appointed under Duties of
Section 3 of said Act shall up to and including the first Janu- istration.
ary, 1898, judge of the qualifications of all applicants for re- Right of ap-
gistration. Any person denied registration shall have the right '■
of appeal from the decision of the Board of Registration deny- 38, § 8.
ing 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
CIVIL CODE
denied registration and desiring to appeal must within ten days
Appeal, how after the decision of the Board of Registration is made file with
taken. °
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 reg-
istration 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
When heard dockct to be knowu as Calendar No. 4. If the appellant desires
at chambers. ^|-jg 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 ap-
pellant or any duly qualified elector of the County may further
appeal to the Supreme Court by filing a written notice of his
p e^i^i^to°^ Su- intention to appeal therefrom in the office of the Clerk of the
preme Court. (^Qurt of Common Plcas 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 pa-
pers 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
How heard. (jQ^ket, and it shall come up for hearing upon the call thereof,
under such rules as the Supreme Court may make. If such ap-
peal 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 dis-
qualified the senior Associate Justice, shall call an extra term
of the Court to hear and determine the case.
Registe re d gcc. 181. All persons registered on or before Januarv first,
electors before r- o j j '
January, 1898, eighteen hundred and ninety-eight, shall remain during life
to remain so. => ^ o ' o
18 6 XXII qualified electors, unless afterwards disqualified by the pro-
38, § 9- visions 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
Right to vote, (^g £ig(j {^ their respective offices by the Boards of Registration
how establish- sr j o
«<i- shall be sufficient evidence to establish the right of such person
to any subsequent registration and the franchise under the limi-
tations imposed in the said Constitution.
OF SOUTH CAROLINA.
Sec. 182. After the first of January, eighteen hundred and
nmety-eight, the Board of Registration to be appointed under ^^^°^^ [^^^ i°.
Section 176 shall judge of the legal qualifications offj^^^^ oT^appit-
all applicants for registration. From their decision appeals j^^j^^^*^.?,^ f^^^^
may be taken to the Court of Common Pleas, or any judge "~7j,~~^
10,
704.
thereof, and thence to the Supreme Court, and the mode of ap- xxii.'
peal shall be the same as prescribed in Section 180. Appeals.
Sec. 183. An enrollment of persons not previously registered Enrollment
and entitled to registration shall be made annually by the Board voterf T^^vhen
of Registration until the year nineteen hundred and eight, when '"^'^^-
an enrollment of all electors shall be made, and thereafter there .„i^^^^-' ^ 8;
shall be the same annual enrollment of electors, and the same
general enrollment of electors ever}^ tenth year as above pro-
vided.
Persons who
Sec. 184. In case any person shall not have attained the age ^iu "be
enti
of twenty-one years before the closing of the books of registra- ^l^t *eie^t^f o^n
tion preceding any election, and shall attain such age before ^f\^j ^n^ ^P^tj;
such election, and shall appear before the Board of Registra- [gtered. ^^ ''^^'
tion, and shall make application under oath to the facts above xxii., 38^
stated entitling him to registration, if he be otherwise duly ^°^-
qualified, the Board of Registration shall register such appli-
cant. Any person not laboring under the disabilities named in
the Constitution and whose qualifications as an elector will be
completed after the closing of the registration books, but be-
fore the next election, shall have the right to apply for and se-
cure a registration certificate at any time within sixty days im-
mediately preceding the closing of such books. From the de-
cision of the Board of Registration a like appeal may be taken
as in other cases and in like manner.
Sec. 185. Each elector registered as aforesaid shall there- ^^^^^|'®*^^^ ^^^^
upon be furnished by the Board of Registration if registered certificates'!^'*^
before or on the first day of January, 1898, or by the Boards of ~^^3^Y77~^
Registration if registered after the first day of January, 1898, 705.
with a certificate of registration, which shall contain a state-
ment 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
certificate shall be of the following form :
CIVIL CODE
STATE OF SOUTH CAROLINA.
istrat'ionfertlf: Registration Certificate No
This IS to certify that is a registered elector of the
election district 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 qualified.
Registered on the day of , 19 . . .
How one Members of the Board of Registration of County.
moving from ° -'
anotiPer""ma*y Section 186. In case of the removal of an elector from one
change"?^^'^^*^ Couuty to auothcr he shall notify the Board of Registration of
1896, XXII., 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 m writing from
the Board of Registration of the County from which such elec-
tor 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, it
otherwise qualified, and notify the Board of the County from
which he has removed that he has been so registered, where-
upon his name shall be stricken from the books of the latter
County.
ce?t!ficaIl!iio\v Evcry registered elector shall be entitled to a re-
made, ^^^"newal of his certificate without fee or charge, when the same
lb., 41, § IS. becomes defaced or mutilated, upon the surrender of such de-
faced or mutilated certificate to the Board of Registration, if he
is still a qualified elector under the provisions of said Constitu-
tion or if he has been registered under said provisions before
the 1st Jan., 1898. In case of the loss of or destruction of a cer-
tificate, 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
OF SOUTH CAROLINA.
A. D. 1902.
Court of Common Pleas of his County, or of the Secretary of ^-^-v'*-'
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 Janu-
ary, 1898, shall be entitled to another certificate of registration,
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 registration.
Sec. 187. The Board of Registration shall revise the list of ^ -^"^^^It "i
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 evi-
dence, may appear to have died, or removed from their respec-
tive Counties, or who may have been illegally or fraudulently
registered : Provided, That any one who may deem himself
injured by such an act may have the same right of appeal to
the Court of Common Pleas or any Judge thereof, as herein- Right of ap-
before provided for persons who have been denied registration. ^^^ '
Sec. 188. The Clerk of the Court of General Sessions and cierk of
Common Pleas for each County shall on or before the fifteenth erai Sessio n s
day of October, 1902, and biennially thereafter on or before male persons
convic ted of
the same day of the same month, make out and report to the disqualify i n g
Boards of Registration for their respective Counties a com '-
plete 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 pretenses, perjury, forgery, robbery, brib-
ery, adultery, bigamy, wife beating, housebreaking, receiving
stolen goods, breach of trust with fraudulent intent, fornica-
tion, sodomy, incest, assault with intent to ravish, miscegena-
tion, and larceny, or crimes against the election laws. Such
report must be accompanied by the certificate of the Clerk that
the report is correct as appears from the records of his office.
Sec. 189. Every Magistrate in the State shall on or before Magistrates
. to make simi-
the fifteenth day of October, 1902, and biennially thereafter on lar reports.
or before the same day of the same month, make out under his ^^•' § 18.
hand and seal, and report to the Board of Registration 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
6.— C
82 CIVIL CODE
A. D. 1902.
'' y ' years thereafter, or before any of 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 previ-
uos 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 dol-
lars for each and every such failure or neglect to make such
report.
p fiml^Tacfe ^^^' ^^^' '^^^ rcports provided for in the two preceding Sec-
evidence. tious shall be rcceivcd by the Board of Registration as prima
lb., 43, § 19- 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
Such persons P^^don from the Governor or shall prove that they were never
5?°*^ j^^g'°^^^ ^° convicted of the offenses stated in such certificate, in which
^ardoned ' ^ ^ ^ cascs their uamcs 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 when-
ever 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 registered electors on file in their respective offices
the names of such electors.
Places for Scc. 191. Evcry elector shall vote at the polling place in the
polling precinct at which and in which his registration certifi-
cate entitled him to vote. When a new voting precinct is es-
tablished by law it shall be the duty of the Board of Registra-
tion to transfer from the books of /egistration 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 registration cer-
tificates for such new polling precinct, and such elector shall
thereafter vote in the new polling precinct to which they have
Removal from j^ggn transferred. In case of the removal of an elector from one
one voting
place to an- precinct to another in the same County, such elector shall no-
tify 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
OF SOUTH CAROLINA.
place has been changed to another in the same township or poll-
ing precinct, or where the name of the voting place has been
changed since the last general election, the registration of elec-
tors for the former voting place shall be valid and effectual
for the new voting place. Any registered elector who may re-
side 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 ^o^^^f'Jj'ga^g^s^
of registration, be entitled to a new certificate entitling him to^"^^"
vote at such nearer voting place.
Sec. 192. The Board of Registration shall deposit the books deS°^fed^wUh
and other records of registration for safe-keeping in the office ^^^^.[^^ °^
of the Clerk of the Court of Common Pleas for their County, j^,^ ^^_ g ^i.
who shall keep the same with the other records in said office.
The registration books and records shall be public records reTO°tk^ ^h o'w
open to the inspection of any citizen at all times, and shall not '^^p*-
be removed from the office of the Clerk of the Court by any per-
son 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 Common Pleas or in the office of the Board of Regis-
tration except when used by the Board in the several polling
precincts as required by this Act.
Sec. 193. Immediately preceding each general election or ,^ o^oTf'to'^'be
any special election, the Board of Registration shall furnish each'^pr^ednct.'^
to the Commissioners of Election for their County two regis- ^^^ ^^^ §"227
tration books for each polling precinct in their County, contain-
ing in each the names of all electors entitled to vote at such
precinct ; and no elector shall vote in any polling precinct unless ^.^jg ^^ ° "^ ^ ^
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 Elec-
tion 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,
84 CIVIL CODE
A. D. 1902.
^'-'^Y-^^ or prior to the filing of such books or records on or before the
first 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 registra-
tion book or records ; and it shall be the duty of the Clerk or
the Secretary of State, or a member of the Board of Registra-
tion, to furnish such certificate without cost or charge upon
demand of any such elector whose name appears upon the re-
gistration books or records of his County on file in the office
of the Clerk of Court or in the ofhce of the Secretary of State.
ers^°or'Tiec- The Commissioners of Election shall turn over said books to
tion
over
said books ^^s Managers of Election of each polling precmct, who shall
^^gyg^^ ^^^' 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.
Who entitled S®^- 1^^' Every male citizen of this State and of the United
rdcTp^aTeiec- States of the age of twenty-one 3'ears and upwards, having all
^^°"''^" the qualifications mentioned in Section 174, and who
Jb., 23. i^^g resided within the corporate limits of any incorporated
city or town in this State for four months previous to any mu-
nicipal election, and has paid all taxes due and collectible for
the precedmg fiscal year, and who has been registered as here-
inafter required, shall be entitled to vote at all municipal elec-
tions of his city or town.
Sec. 195. Ninety days before the holding of a regular elec-
tion in any incorporated city or town in this State the Mayor or
Intendant thereof shall appoint one discreet individual who is
a qualified elector of such municipality as Supervisor of Re-
Munic i p a 1 gistratiou for such city or town, whose duty it shall be to re-
iiow^*made° " ' gistcr all qualfiied electors within the limits of the incorporated
lb. 24. city or tow^n. The names of all qualified electors of such muni-
cipality shall 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 or town, and shall be a public record open
to the inspection of any citizen at all times. Such registration
shall be used for all special elections in the municipality until
ninety days preceding the next regular election : Provided,
That in cities of over fifty thousand inhabitants there shall be
appointed three Supervisors, who shall represent different po-
OF SOUTH CAROLINA.
litical 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 Registra-
tion (as the case may be) shall prepare for the use of the Man-
agers 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.
Sec. 196. It shall be the duty of the Mayor or Intendant of ^^ be°furntsh-
incorporated cities or towns to cause to be prepared and furn- ^'^•
ished suitable books of registration and all stationery and
blanks necessary for the registration of electors.
Sec. 197. The Supervisor or Supervisors of Registration (aSfQ"^^ggfg^*'°"^
the case may be) shall judge of the qualifications of all appli- Jg°^;j,^°^ '^^'
cants for registration. The production of a certificate of regis-
tration 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 pro-
duction of such certificate and proof of his residence within the
limits of the municipality for four months preceding such elec-
tion 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 i8o.
Sec. 198. In incorporated cities or towns in which there are piace of vot-
more than one polling precinct, every elector shall vote at the ^"^"
polling precinct in which his registration certificate entitles
him to vote.
Sec. 199. Each elector registered by the municipal Super- Eie c t o r to
visor or Supervisors of Registration (as the case may be) cate!
shall be furnished by such Supervisor or Supervisors (as the
case may be) with a certificate, which shall be of the following
form:
State of South Carolina, City or Town of Form 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
CIVIL CODE
years of age, and is entitled to vote in the municipal election on
the day of , i
the day day of , i . . . .
Registered on the day of , i
'Supervisor of Registration."
or
"Supervisors of Registration."
EiecfkirfTo^ be ^^^' ^^^' Bcforc any municipal election to be held in any
furnished with incorporated citv or town in this State after the general election
registr a 1 1 o n -^ - o
books. of 1896, the municipal Supervisor or Supervisors of Registra-
tion (as the case may be) shall furnish the Managers of Elec-
tions 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,
195, which they shall return to the Supervisor 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 registration 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 Managers of Elec-
tion 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.
Sec. 201. Every applicant for registration, including muni-
ed^of^^^^^'^H- ^^P^^ registration, shall first take the following oath, to be ad-
^^"^- ministered to him by the Board or the Supervisor, or Supervis-
ib. 30. Qj-g Qf 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 ap-
OF SOUTH CAROLINA.
ply to be registered and in which I will offer to vote if regis-
tered for four months ; and that I have not been convicted of
burglary, arson, obtaining goods or money under false pre-
tences, perjury, forgery, robbery, bribery, adultery, bigamy,
wife beating, housebreaking, receiving stolen goods, breach of
trust with fraudulent intent, fornication, sodomy, incest, as-
sault with intent to ravish, miscegenation, larceny, or crimes
against the election laws."
Sec. 202. Each township as now or hereafter laid out and ^^^^^'^^ p^iiT"g
defined in the several Counties of this State, and m those Coun- p^ecmct.
ties 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 sev-
eral 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 separate
polling precinct. The voting places within these polling pre-
cincts shall be the same as now or hereafter established by law :
Provided, 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.
CHAPTER IX.
Location and Names of Voting Precincts.
203. Location and names of voting . 204. Registration certificates may
precincts. | be clianged ; when.
Section 203. At all general elections 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 designated, to wit :
Abbeville. — In the County of Abbeville there shall be voting voting places
places as follows : Abbeville Court House, Mount Carmel, county.
Willington, Donaldsville, Due West, Antreville, Lowndesville, 1900, xxiii.,
Magnolia, Central School House in Long Cane Township, ^
Clotworthy's Cross Roads, McCormick, Bryants' Cross Roads,
Keowee and Rock Springs.
88 CIVIL CODE
A. D. 1902. • ~
^ Y ' Aiken. — In the County of Aiken there shall be the following
Voting places yQi-ing- places : Aiken Court House, Bath Mills, Banks' Mill,
County. Creed's Store, Eureka, Fountain Academy, Graniteville, Ham-
^^- burg, Kneece's Mill, Langley, Talatha Postoffice, Montmorenci,
Oak Grove School House, Otts, Page & Hankinson's Store,
Perry, Sally's, Seivern, Sylverton, Sunny Side, Wagener,
Windsor, Vaucluse, Ellenton, White Pond and Warrenville.
Coun^*^*^^""" Anderson. — In the County of Anderson there shall be voting
Y^ places as follows: Anderson Court House, Belton, Crayton-
ville, Centreville, Pendleton, Sandy Springs, Five Forks, Hope-
well School House, Greenwood, Williamston, Honea Path,
Clinkscales, Milford's, Cedar Wreath School House, Moffetts-
ville, Williford's Store, Broyle's Mill, Tugaloo Academy, Starr,
Iva, Piedmont Factory, Holland's Store, Pelzer, Hunter's
Springs, Flat Rock, Neal's Creek Church, Cedar Grove Church,
Bethany, Townville and Mt. Tabor.
In Bamberg Bambergf. — In the County of Bamberg there shall be the fol-
County. =" J ii
lowing voting places : Bamberg, Denmark, Olar, Midway,
Ehrhardt, Kearse's Mill, Farrell's Store and Govan.
In Barnwell Barnwcll. — In the County of Barnwell there shall be the fol-
County
— lowing voting places : Allendale, Barnwell, Baldoc, Blackville,
Erwinton, Jerry Snellings, Robbins, Kline, Mixon's Mill, Tin-
ker's Creek School House, Sycamore, Ulmers, Millett, Willis-
ton, Elko, Hercules Creek School House and Fairfax.
In Beaufort Beaufort. — In the County of Beaufort there shall be the fol-
County. ■'
— — - lowing voting places : Beaufort, Port Royal, Grahamville,
Gardener's Corner, Hardeeville, Bluffton, Barrel Landing,
Lady's Island, Cherry Hill, Brick Church and Paris Island.
In Berkeley Berkeley. — In the County of Berkeley there shall be voting
places as follows : In the Parishes of St. Thomas and St. Den-
To,
nis. Muster House and Bates' Still ; in the Parish of St. James
Santee ; Henderson's Store ; in the Parish of St. Stephen's, St.
Stephens Depot and Gumville ; in the Parish of St. John's, Berk-
eley; Calamus Pond, Black Oak, Strawberry Ferry, Pinopolis,
Cross Graded School and Biggin Church ; in the Parish of St.
James Goose Creek, Holly Hill, Hilton's Cross Roads, Cooper's
Store and Cam's Cross Roads.
Charleston ^^ ^^ County of Charleston, outside the corporate limits of
i8 6 XXII ^^^ ^^^3^ °^ Charleston, there shall be voting places as follows :
so- ' 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;
OF SOUTH CAROLINA.
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 : Pro-
vided, That nothing herein contained shall be construed to vary
or affect the location of the voting precincts within the limits
of the city of Charleston as now established by law. The regis- predncts to
tration and voting precincts in the County of Charleston within wa'rds.° ^ " *°
the limits of the city of Charleston shall hereafter conform to 1890, xx.,
the Wards in which the City of Charleston is now by law di- 7^3-
vided, and registration and voting precincts are hereby estab-
lished therein, as follows: The first precinct of Ward One „f ^'^^p^^'=J"'=*
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 Polling place.
and Water streets. The second precinct of Ward One shall Second p r e-
embrace all that portion of said Ward South of Broad street.
East of King street, West of Church street to 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 ^"^'^"s place.
Tradd streets. The first precinct of Ward Two shall embrace First precinct
all that portion of said Ward South of Broad street. West of °
King street to South Bay 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 Polling place,
streets. The second precinct of Ward Two shall embrace all Second p r e-
that portion of said Ward South of Broad street. West of Lo-
gan street to Tradd street, South of Tradd to Legare street,
West of Legare street to Ashley River. The poll shall be held Polling place.
at or near the corner of New and Broad streets. The first pre- First precinct
cinct 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 poiiing place.
near the corner of State and Cumberland streets. The second second p r e-
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 and East of King street. The
poll shall be held at Market Hall. The first precinct of Ward p°"'"^ p'"^^-
Four shall embrace all that portion of said Ward North of „f\\?* ?!"""<=*
)o CIVIL CODE
A. D. 1902.
■-^--r—^ Broad street, South of Wentworth street, West of King street
Polling place, ^^^j £^g^ ^^ Mazyck and Coming streets. The poll shall be
held at or near the corner of Archdale and Beaufain streets.
cinrto°fWard4!The second precinct of Ward Four shall embrace all that por-
tion of said Ward North of Broad street, South of Wentworth
Polling place, g^j-g^^^ ^^g^ ^f Mazyck and Coming streets. The poll shall be
of 'wa^d^T*^* held at or near the comer of Smith and Beaufain streets. The
first precinct of Ward Five shall embrace all that portion of
said Ward North of Hazel street, South of Calhoun street and
Polling place. £^g^ q,£ Ausou Street. The poll shall be held at or near the cor-
cin1:to°Avard5!"6^ of Laurcns and Middle streets. The second precinct of
Ward Five shall embrace all that portion of said Ward North
of Hazel street. South of Calhoun street. West of Anson and
Polling place. ^^^^^ ^f j^-^^^ g^^.^^^^ -pj^^ p^jj gj^^jj ^^ j^^j^ ^^ ^^ ^^^^ ^j^^ ^^^_
ofwirfe'""' ner 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
Polling place, g^^.^^^ ^^^ g^g^ ^f pj^^ g^^.^^^ ^^^ p^jj gj^^jj ^^ j^^l^ ^^ ^^ ^^^^
cincToTwfrde^the corncr 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
Polling place, gtrgets. The poll shall be held at or near the corner of Bull
of' '^Va?d^""'^* and Rutledge streets. The first precinct of Ward Seven shall
Polling place, cmbracc all that portion 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
ciifcToTward 7! streets. The second precinct of Ward Seven shall embrace all
that portion of said Ward North of Calhoun street, South of
Polling place. Mary, West of Elizabeth street and East of King street. The
poll shall be held at or near the corner of Hutson and Meeting
of WaMT"'^* streets. The first precinct of Ward Eight shall embrace all
that portion of said Ward North of Calhoun street. South of Rad-
clifife street, West of King street and East of Pitt and Thomas
Polling place, sj-fge^s. The poll shall be held at or near the corner of Van-
cincTofWards! '^^^l^'^^st and Coming streets. The second 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
Polling place, pj^^ ^^^ Thomas streets. The poll shall be held at or near the
oAvard'^9*!'"'^' corner of Rutledge and Vanderhorst streets. The first pre-
cinct of Ward Nine shall embrace all that portion of said Ward
North of Mary street, South of Columbus street and East of
Polling place Nassau and Hanover streets. The poll shall be held at or near
OF SOUTH CAROLINA.
the corner of Amherst and America streets. The second pre-
cinct of Ward Nine shall embrace all that portion of said Ward second p r e-
North of Columbus, East of Hanover street to the city bound- ""'^^°^^^^'''^ 9-
ary. The poll shall be held at or near the corner of America p^^I'^s p^^^e.
and Cooper streets. The first precinct of Ward Ten shall em- ofward^i^a'^*
brace all that portion of said Ward North of Mary street, South
of Columbus street, West of Nassau and East of King street.
The poll shall be held at or near the corner of Wolfe and Meet- p°"'"^ p^^'^^-
ing streets. The second precinct of Ward Ten shall embrace ^.j^^^^^"^/ ^^^/j
all that portion of said Ward North of Columbus, 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 po"'"s p^^^^-
streets. The first precinct of Ward Eleven shall embrace all Q£^\vard^71?'^*
that portion of said Ward North of Radcliffe street. South of
Spring street. West of King street and East of Rutledge Aven-
ue. The poll shall be held at or near the corner of Morris and p°i"'^s p'^ce.
Coming streets. The second precinct of Ward Eleven shall £.inct°of^ wLd
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 Polling place,
and Coming streets. The first precinct of Ward Twelve shall First precinct
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 PoiHng place,
held at or near the corner of Ashley and Spring streets. The
second precinct of Ward Twelve shall embrace all that portion cinct of Ward
of said Ward 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. Poiung place.
Cherokee. — In the County o-f Cherokee there shall be voting in Cherokee
places as follows : Gaffney City, Grassy Pond, Maud, Ezell's
White Plains, Ravenna in White Plains Township, Aliens, 369.
Draytonville, Timber Ridge, Littlejohn's at T. D. Littlejohn's,
Sarratt's, Wilkinsville, King's Creek, Cherokee Falls, Blacks-
burg, Buffalo, Macedonia, Antioch, Wood,Turner and Thickety.
Chester. — In the Countv of Chester there shall be voting in c h e s te r
° County.
places as follows : Chester Court House, Lowrysville, Car-
ter's at J. Wesley Carter's, Lando, Fishing Creek Church, Ross-
ville, John Simpson's, Carmel Hill, J. E. Wylie's Store, Lands-
ford, Cornwell's, Richburg, Edgemore, Baton Rouge and Wy-
lie's Mill Academy. CounS'""'^°"
Clarendon — Hodge's Corner, Packville, Chandler's Alcolu, J^
lb.
CIVIL CODE
Barrow's Mill, Boykins, Cole's Mill, McFadden's Store, For-
reston, Wilson's, Duffie's Store, Jordan, Manning, Davis' Cross
Roads, St. Paul's, Summerton, Panola,
fieid^County^"^ Chesterfield. — In the County of Chesterfield there shall be
j^ voting places as follows : Chesterfield Court House, Cheraw,
S. W. Brock's ofiice, Wexford, Mount Croghan, Cross Roads,
Jefiferson, Catarrh, Dudley, Fox Place, McKay's, Hebron,
Brown Springs, Bethel, Douglass' Mill, Grant's Mill, Bear
Creek and Wingo in the western part of Mt. Croghan Town-
ship.
In Colleton Colleton. — In the County of Colleton there shall be the fol-
County. -^
lb.
lowing voting places : Wagener's Cross Roads, Jacksonboro,
Adams' Run, Green Pond, Cottageville, Maple Cane, Horse
Pen, Walterboro, Hendersonville, Sniders Cross Roads, Rice
Patch, Bell's Cross Roads, Smoke's Cross Roads, Doctor's
Creek, Ashton, Lodge and Petet's Store.
Darlington. Darlingtou. — In the County of Darlington there shall be
1896, XXII., following voting places : Reevesville, St. George's, Grover,
icsville. Society Hill, Leavenworth, Hartsville, Ashland, Lydia,
Lamar, Cypress, Garner's Store, Early's Cross Roads, Bethle-
hem Church, in Antioch Township ; McCall's Branch, in Phila-
delphia Township,
ter^ciin'ty'^^ Dorchcstcr. — In the County of Dorchester there shall be the
1900 xxniT following voting places : Reevesville, St. George's Grover,
37°- Beach Hill, Knightsville, Ridgeville, Harleyville, Rosses, Club
House in Collins Township, Indian Fields and Summerville,
In Edgefield ^ear railroad depot.
^°""^y- Edgefield. — In the County of Edgefield there shall be voting
■^''- places as follows : Timmerman, Johnston, Trenton, Edgefield
C. H., No. I for Pickens Township, Edgefield C. H., No. 2 for
Wise Township, Meeting Street, Pleasant Lane, Rehobeth,
Plum Branch, Modoc, Red Hill, Cheatham's Store, Mathis,
Liberty Hill, Meriwether Hall, Landrum's Store, Gregg and
Elmwood.
In Fairfield Fairfield. — In the County of Fairfield there shall be voting
^°'"'^^' places as follows: Albion, Centreville School House, Blythe-
^'^' wood, Feasterville, Gladden's Grove, Horeb, Haw's Store,
Monticello, Ridgeway, Winnsboro, Woodward, Long Town at
Jenkins' Store, Bear Creek, Greenbrier, Jackson's Creek
School House, Jenkinsville and Oakland.
^Jji^^i'iorence Floreucc. — In the County of Florence there shall be voting
j^ places as follows : In Ward i of the City of Florence, No. i ; in
OF SOUTH CAROLINA. 93
A. D. 1902.
Ward 2 of said city, No. 2 ; Ebenezer, Timmonsville, Carters- ^^ y — -^
ville, James' Cross Roads, Langston School House, Mars'
Bluff, Evergreen, Hymansville, Hick's School House, Hus-
bands' Cross Roads, Tan's Bay, Hannah, McCall's Store, Sav-
age, Pleasant Grove, and Black Swamp at McCall's Store.
Georgetown. — In the County of Georgetown there shall be ^^ ^^^^ ^_
voting places as follows: Georgetown, Sampit, Carver's Bay,^°^" County.
Choppee, Black River, Potato Ferry at or near Ivey's Store, ^^•
Pee Dee, Greers, Upper Waccamaw, Lower Waccamaw, San-
tee, Spring Branch and Bethel Crossing.
Greenville. — In the County of Greenville there shall be voting in Greenville
. . County.
places as follows : Six in the City of Greenville, to be located
by the Commissioners of Election, one to be in each ward of
said city, to bear the same number as the ward in which it is
located; Reedy River Mills, West Gantt School House, Reedy
Fork, A. W. Ware's at or near Fork Shoals, T. Henry Stokes',
Old Fairview Academy, Fountain Inn at or near Jesse Bur-
dett's, Sr., Pedan's Old Store, Butler's Cross Roads (in Austin
Township), Batesville, James Green's, Taylor Station, Double
Springs Church, T. J. Mitchell's, Hellams' Crossing, S. W.
Barton (in Glassy Mountain Township), Merrittsville School
House, Lima School House, Jennings' Mill, Montague, Pied-
mont Factory, Gowensville, Marietta, Greers, Simpsonville,
West Dunklin School House, Locust, Tygerville, Reed's School
House, Sampson's, Bessie and Poe Mills, and at Bessie, in
Grove lownship.
Greenwood. — In the County of Greenwood there shall be vot- i", g^"^^"-
■' wood County.
ing precincts as follows : Greenwood, Coronaca, Cokesbury, — — ^ —
Hodges, Jones, Verdery, Callison's, Ninety-Six, Bradley's,
Troy, Phoenix, Kinard's School House, Kirksey's, Rambo's,
Timmerman's Cross Roads, Epworth, Algary, Dyson's and
Lyon.
Hampton. — In the County of Hampton there shall be the fol- cou^nt'^^"^^^""
lowing voting places : Brunson, Hampton Court House, Varn- ~
ville, Early Branch, Gillisonville, Tillman, Brighton, Ridge-
land, Estill, Luray, Bonnette, Stafford, Scotia and Gifford.
Horry. — In the County of Horry there shall be voting places j^^ Horry
as follows : Adrian, Bayboro, Blanton's Cross Roads, Cedar county^
Grove, Chapel Hill, Conway, Dog Bluff, Ebenezer, Floyd's ^^•
School House, Grahamville, Hammond, Hardee's Store, Little
River, Loris, Martin's Hill, Marlow, Round Swamp, Sanford,
Socastee, Taylorsville, Farmer and Withers.
CIVIL CODE
Kershaw. — In the County of Kershaw there shall be voting
^ In Kershaw places as follows : Camden Market House, Rabons' Cross
County. ^
lb.
lb.
■Roads, Cureton's Mill, Lang's Mill; Schrock's Mill, Lyzenby,
Westville, Buffalo School House, Brewer's Store, Liberty Hill,
McLean's Branch, Antioch, Turkey Creek School House,
Stockton Place, Kirkley's Store, Raley's Mill, Shaylor's Hill,
Hanging Rock and Lucknow.
ci'unt^^'^'^^^^^'^ Lancaster. — In the County of Lancaster there shall be voting
■ places as follows : Lancaster Court House, Thornwell, New
Cut, Tradesville, Taxahaw, Welch's, Carmel, Heath Springs,
Flat Creek at Flat Creek Church, Belair, Primus, Dwight, Ker-
shaw, Van Wyck, Elgin at Elgin Station, and Montgomery in
Cedar Creek Township.
In Laurens Laurcns.- — In the County of Laurens there shall be voting-
County. -^ . .
places as follows: Laurens Court House, Clinton, Sardis,
Langston's Church, Ora, Pleasant Mound, Young's Store, Par-
son's Store, Power, Grey Court, Dial's Church, Shiloh, Wood-
ville. Tumbling Shoals, Brewerton, Daniel's Store, Tip Top,
Mount Pleasant, Cross Flill, Mountville, Hopewell, Waterloo
and Ekom.
In Lexington Lcxington.— In the County of Lexington there shall be vot-
County. *= J b
lb., 372.
ing places as follows : Lexington Court House, T. J. Draft's
Store, Leesville, Lewiedale, Gaston, Boynton Academy, Irmo,
Ballentine, Chapin, Efird's Store, Peake's Station, P. W.
Shealy's Store, Hilton, Samaria, Batesburg, Swansea, Red
Store, Hoffman's, Burnt Mill, Brookland, Spring Hill, Folk's
School House, Red Bank, Brook and Lower Fork at St. An-
drew's School House.
In Marion Marion. — In the County of Marion there shall be voting
County. - "^
j7 places as follows : Ariel at Back Swamp School House, Ber-
muda at Bermuda P. O. in Carmichael Township, Berry's Cross
Roads, Campbell's Bridge, Cedar Grove at Cedar Grove in
Wahee Township, Centreville, Dillon, Friendship, Hamer ( for-
merly Carmichael) at Hamer in Carmichael Township, High
Hill, Latta, Little Rock, Marion, Mount Nebo, Mullins, Nich-
ols, Old Ark, Temperance Hall, and Hopewell, at or near
Hopewell Church.
CoMt^^^'^^^°'^° Marlboro. — In the County of Marlboro there shall be voting
j^ places as follows : Bennettsville, Red Hill, Brownsville,
Hebron, Clio, McColl, Newtonville, Brightsville School House,
Smithville, Tatum, at Tatum, and Blenheim, at Blenheim.
OF SOUTH CAROLINA.
Newberry. — In the County of Newberry there shall be voting
places as follows : At Newberry Court House there shall be two cJ^nJJ,"'^^"'"'^^
polling places, one of which shall be located near the Cotton —
Factory, Glymphville, Maybinton, Whitmire, Cromer's, Jalapa,
Longshore's, Williams, Utopia, Prosperity, Hendrix Mill,
Slighs, Jolly Street, Central School House in Township No. lo,
Pomaria, Walton, Helena, Mt. Bethel, and St. Philip's, in No.
II Township.
Oconee. — In the County of Oconee there shall be voting ^in^o c o n e e
places as follows : Fair Play, South Union, Earles, Tokeena (at —
Cross Roads), Oakway, Friendship, Seneca, Richland, West-
minster, Fort Madison, Tugaloo Academy, Holly Springs,
Flat Creek, at Flat Creek Church ; Damascus, Double Springs,
Cherry Hill, Little River, Tamossee, Jocassee, Salem, High
Falls, West Union, Walhalla, Newry and Clemson College.
Orangeburg. — In the County of Orangeburg there shall be ^^i" c^un""^'
voting places as follows : Orangeburg, Rowesville, Branchville, —
Ayer's, Bowmans, St. Matthews, Vance's, Elloree, Dantzler's
Post Office, Dantzler's Mill, Washington Seminary, Lone Star,
Advance, Fall Branch, North, Ouattlebaum, Cedar Grove, Car-
dova, Philips' Post Office, Cope, Norway, Springfield, Living-
ston, Sawyerdale, Jamison and Fort Motte.
Pickens. — In the County of Pickens there shall be voting ^^^i^^yi'^<=kens
places as follows: Easley, Central, Liberty, Pickens Court — J^^j^.
House, Dacusville (at Looper's gin), Pumpkintown, Eastatoe,
Cross Plains, at Williams & Freeman's Store ; Cateechee, within
five hundred yards of the Company's Store; Peter's Creek (at
Peter's Creek Academy), Mile Creek (at Mile Creek Church),
Prater's (at Prater's Creek Church), Six Mile (at Six Mile
Church), Calhoun, Holly Springs, at Holly Springs Church;
Gap Hill, M. W. Hester's Store, and Crosswell School House.
Richland.— In the County of Richland there shall be voting county^''^''^'''^
places as follows : In Upper Township, Camp Ground, Taylor's j^_
Store, Killians, Wayside (at or near Wayside School House) ;
in Centre Township, Fairmont (at or near Fairmont School
House or the railroad), Davis (at or near William Thomas'
residence). Garner; in Lower Township, Eastover, Gadsden,
Hopkins ; in Columbia Township, Waverly (at or near the fork
of the Rice Creek Spring and Camden roads), and in the City
of Columbia, Ward i. Ward 2, Ward 3, Ward 4 and Ward 5.
Saluda.— In the County of Saluda there shall be voting places coSnfy^ ^ "" "^ ^
as follows: Saluda, Holstein Cross Roads, Perry's Cross J^^
CIVIL CODE
Roads, Coleman's Cross Roads, i\Iount Willing, Mayson,
Kinard's Store, Fruit Hill, at Fruit Hill Post Office ; Watson's
Store, and Ridge Springs.
In Spartan- Spartanburg. — In the County of Spartanburg there shall be
lb.
voting places as follows : Arabella, Arrowwood, Arlington,
Arkwright, Becca, Bishop, Boiling Springs, Brannon, Camp-
ton, Campobello, Cannon's Camp Ground, Cashville, Cavins,
Cherokee, Clifton No. i, Clifton No. 2, Clifton No. 3, Crescent,
Cowpens, Cross Anchor, Duncan, Enoree, Fair Forest, Fair-
view, Fairmont, Fingerville, Glendale, Glenn Springs, Green
Pond, Golightly, Hobby's, Hebron, Holly Spring at Bruce's
Store, Inman, Landrum, Moore, McKelvey's, New Prospect,
Pacolet, Pacolet Mills (within five hundred yards of Com-
pany's Store), Parris, Pelham, Pauline, Reedsville, Rich Hill,
Spartan Mills, Switzer, Swain, Spartanburg No. 1, Spartan-
burg No. 2, Spartanburg No. 3, Spartanburg No. 4, Spartan-
burg No. 5, Spartanburg No. 6, Trough, Tuccapau, Valley,
Falls, Victor Mills, Walnut Grove, Wellford, Whitney, Wood-
ruff and Wood's Chapel.
In Sumter Sumtcr. — In the County of Sumter there shall be voting
County. places as follows: Sumter Court House No. i (situated in
^^- Ward I of the City of Sumter), Sumter 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), Sum-
ter Court House No. 4 (situated in Ward 4 in the City of Sum-
ter), Statesburg, Providence, Rafting Creek, Bishopville,
Mannville, Bossar's, Mayesville, Lynchburg, Shiloh, Concord,
Privateer Station, Smithville, Wedgefield, Reed's Mill, St.
Charles and Bloomville, in ]\Ianchester Township.
Cou"nt^ "" ' ° "" Union. — For the County of Union there shall be voting
■ places as follows : Union Court House, Cross Keys, Blackrock,
Carlisle, Santuc, Hughes, Kelton, Jonesville, Gibbs, Coleraine.
West Springs, and Lockhart Mills, to be located within five
hundred yards of the factory.
Williamsburg. WilHamsburg. — In the County of Williamsburg there shall
1893, XXI., be voting precincts as follows : Trio, Earle's, Sultan, Gourdin's,
Greelyville, Salter's, Kingstree, Cedar Swamp, Cades, Black
Mingo, Altman's Store, McAlister's Mill, Hebron Church, In-
dian Town, Lake City, Muddy Creek, Scranton, Prospect,
Church and Bloomingdale.
In York York. — In the Countv of York there shall be voting places
County. • , .^ . - _
as follows: Yorkville, Hickory Grove, Clark s Fork, at Mc-
Ih., 374-
OF SOUTH CAROLINA.
97
A. D. 1902.
Gill's Store; Bethany, Forest Hill Academy, Fort. Mill, Rock
Hill, Coates' Tavern, Antioch Church in Bethesda Township,
McConnellsville, Blairsville, Bullock's Creek at Good's Store;
Bethel, Clover, Newport, Sharon, Tirzah, Smyrna and Ebe-
nezer.
Sec. 204. The Supervisors of Registration for the several
Counties named in Section 203 are hereby authorized and re- ^^7 when!"^"^'
quired to exchange the registration of such electors as may
apply for that purpose from other voting places to the voting
places established by Section 203, wherever it shall appear to
them that the elector so applying resides within a reasonable
distance from the same.
Registration
certifi c a t e s
CHAPTER X.
The Manner of Conducting Elections and Returning Votes.
Article i. The General Election.
Article 2. Commissioners and Managers of Election.
Article 3. Formation and proceedings of the Board of County
Canvassers.
Article 4. Formation and proceedings of the Board of State
Canvassers.
Sec.
ARTICLE I.
The General Election.
205. When held and for what pur-
pose.
206. Commissioners and Managers
of Election ; how appointed.
207. Managers may appoint clerk
and organize as Board.
208. Opening and closing polls ;
oath to voter.
209. Peace officers to be present at
polls and places for sale of
liquors to be closed.
210. Voting to be by ballot; de-
scription of.
Sec.
211. Separate and distinct ballots
for officers as designated.
212. Number and description of
ballot boxes ; arrangement
of polling places ; voting,
how conducted, etc.
213. Managers to require evidence
of payment of taxes.
214. Clerk to keep poll list.
215. Time and mode of counting
votes and making returns.
Section 205. General elections for Federal, State and County .state eiec-
officers in this State shall be held on the first Tuesday follow- held." ^'
ing the first Monday in November, one thousand eisfht hundred G. s. 107;
^ R. S. 162;
1896, XXIL.
y Q 29, § I.
CIVIL CODE
ers
and ninety-six, and in every second year thereafter, and at
such voting places as have been or may be estabhshed by law ;
and all general or special elections held pursuant to the Con-
stitution of the State shall be regulated and conducted accord-
ing to the rules, principles and provisions herein prescribed.
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. — Williman v. Ostendorff, MS. Dec, 1877; State v. Sims, 18
S. C, 463.
Commission- gcc. 206. For the purpose of carrving on such election, it
i of Elec- r r .0 j
tions; how ap- shall be the dutv of the Governor, and he is hereby authorized
pointed. ' ■'
„ „ — -^—z- and empowered, at least thirtv davs prior to anv such election,
G. S. 108; R. . . . . r ^ >
s. 163; /&., 29, to appoint for each County three Commissioners of Election
for Governor, Lieutenant Governor, State officers, Circuit So-
licitors, 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
,, Countv officers shall appoint three Managers of Election for
Managers. ■' ^'^ *
such officers; and the Commissioners of Election for members
of Congress and Presidential Electors, or either of said 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 respectively be appointed, and none of
said officers shall be removed from office except for incom-
Oaths to be P^tencc or misconduct. The said Commissioners and Man-
taken, agers 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 Coinmon Pleas of the County in
which said Commissioners and Managers shall be appointed,
or, if there be no such Clerk, in the office of the Secretary of
State.
Managers ^^c. 207. The ^Managers may appoint a clerk to assist them
dlrk.^^^°'''^ ^ in their duties, who shall take the oath of office prescribed by
IK 30; § 3. Section 30 of Article II of the Constitution, and the oath with
regard to dueling, before the Chairman of the Board of Man-
How organ- agcrs. The Commissioners and Managers at their first meet-
*^^'^' .ings, respectively, shall proceed to organize as a Board by ap-
iio-'r s 164' pointing one of their number Chairman of the Board; and
165!
OF SOUTH CAROLINA. 99
. A. D. 1902.
such Chairman, in each instance, is empowered to administer '"^■^'v^*'-^
oaths.
Sec. 208. The polls shall be opened, at such voting places PoIJs; when
as shall be designated, at 7 o'clock in the forenoon, and close — - — z — —_
at 4 o'clock in the afternoon of the day of election, except in^- s. 166; ib.,
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 admin- ,^?^^^^°-,^^
-' ' c5 adininisteredto
ister to each person offering to vote an oath that he is qualified voters.
to vote at this election, according to the Constitution of this
State, and that he has not voted during this election.
Managers in receiving votes act ministerially. — State v. Bruce, 3 Brev., 271.
See Elections for new. Counties. — Segars v. Parrott, 54 S. C, 33; 31 S. E., 677, 865.
Sec. 209. The Deputy State Constables and other peace state Consta-
•^ , . bles to preserve
officers of each County are required to be present during the order.
whole time that the polls are open, and until the election is com- ^ G. S. 113; R-
. . S. 167; lb.,
pleted ; they shall prevent all interference with the Managers, § s-
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 deputies 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 p^^^^^ f ^ ^
other places for the sale of liquors by retail shall be closed at f^ie °^ Hquors
^ 1 ^ to be closed.
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.
Sec. 210. The voting shall be by ballot, which ballot shall Description of
be of plain white paper two and a half inches wide by five ^^^^°^-
inches long, clear and even cut, without ornament, designa- j^.^g. 169;^ ib'',
tion, mutilation, symbol or mark of any kind whatsoever ex- ^^' ^ ^'
loo CIVIL CODE
A. D. 1902. — ^
"^ . ' cept 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 deposited in a box
to be constructed, kept and disposed of as hereafter provided;
and no ballot of an}- other description found in any election box
shall be counted.
Directions as to form of ballot are mandatory. — Ex Parte Riggs, 52 S. C, 298;
jg S. E., 645.
Officers to be ^®^" ^^^" There shall be separate and distinct ballots for the
■voted for. following officcrs, to wit: I. Governor and Lieutenant Gover-
-&% ^70-^ib' '''^^- ^- Other State officers. 3. Circuit Solicitor. 4. State
3^' § "• Senator. 5. Members of the House of Representatives. 6.
County officers. 7. Representatives in Congress. 8. Presi-
dential 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 pro-
vided, properly labeled for that purpose, and the ballots there-
for on such question or questions shall be deposited therein.
prmdded.*" ^^ ^^^' ^^^' ^hc Commissioucrs of Election shall provide for
Q ^""^7^ each voting place a sufficient number of boxes to meet the re-
fi §8.''^' ^^" quirements 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 provide therefor separate boxes for every Con-
gressional 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
Description. ^^.j|-]-,jj^ |.|^g 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
inserted 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 be labeled ^^ ^^^ Managers, and the box shall not be opened during the
election. Each box shall be labeled in plain and distinct Roman
OF SOUTH CAROLINA. loi
A. D. 1902.
letters, with the office or officers voted for, and the Managers, ^— '^v-*-'
on the demand of the voter, shall be required to read to him
the names on the boxes. At each precinct, a space or enclosure, ^^ ^e"\'rran^-
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 dis- spfj.| ^f o/ pia^
tance from the polling place for State officers as the Commis- ^''^^ elections,
sioners 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.
Sec. 213. The Managers of Election shall require of any ^eq^f "e^^^/v T-
elector offering to vote at any election, before allowing him to nfenTof taxes!
vote, in addition to the production of a registration certificate, igge, xxil^
proof of the payment of all taxes, including poll tax, assessed ^^' ^ ^'
against him and collectable during the previous year. The
production of a certificate or of the receipt of the officer author-
ized to collect such taxes shall be conclusive proof of the pay-
ment thereof.
Sec. 214. Each clerk of the poll shall keep a poll list, which cierk';'
shall contain one column headed "Names of Voters," and the g. s. hS;
name of each elector voting shall be entered by the clerk in i s 9 6,' xxii.',
,1 33. § 10.
such column.
Sec. 215. At the close of the election, the Managers and to be counted.
clerk shall immediately proceed publicly to open the ballot box g. s.
and count the ballots therein, and continue such count, without § n.'
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 office
or the name of a person in connection with an office other than
that for which the box in which such ballot is found shall be
designated and labeled. If, in counting, two or more like bal-
lots shall be found folded together compactly, only one shall
102
CIVIL CODE
A. D. 1902.
1'"-^ be counted ; the other must be destroyed ; 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 and thoroughly mixed together, and one of the Man-
agers, or the clerk, shall, without seeing the ballots, draw there-
from 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 Chairman of the Board of Managers, or
one of them, to be designated in writing by the Board, shall de-
m^de^to^ Com- livcr to the Commissioners of Election the poll list, the boxes
Eiecdon.'^^ ° ^ Containing the ballots and a written statement of the result of
the election in his precinct.
ARTICLE III.
Formation and Proceedings of the Board of County
Canvassers.
Sec.
216. Commissioners to meet at
County seat and organize as
Board of County Canvassers.
217i Canvass of votes ; protests ;
statements and returns.
218. Duplicate statements to be
filed in Clerk's ofBce.
Sec.
219
Separate statements of votes
cast for each candidate.
220. Three other separate state-
ments to be prepared.
221. Returns ; when, to whom and
how to be forwarded.
222. Pay of election officers ; other
expenses of elections.
Elections for new Counties are governed by this article. — State ex rel. Martin
v. Moore, 54 S. C, 556; 32 S.' E. 700.
Commission- Scction 216. The Commissioners of Election for Governor,
County ™eat on Lieutcnaut Govemor, State officers, Circuit Solicitor, members
io"wng^^ e 1 e°c- of the General Assembly, and County officers, or either of said
Secret'ary'.^'Aii officcrs, shall meet in some convenient place at the County seat
— ^^^'^ ^' on the Tuesday next following the election, before one o'clock
R. 's. 1 7^4; in the afternoon of that day, and shall proceed to organize as,
\iil'. ■' and shall be, the County Board of Canvassers. They may ap-
point some competent person as Secretary. The Chairman
shall then proceed to administer the constitutional oath to each
member of the Board, as Canvassers ; and shall administer the
constitutional oath to the Secretary, and the Secretary shall
administer to the Chairman the same oath that he shall have
administered to the other members of the Board. The Com-
OF SOUTH CAROLINA.
missioners of Election for members of Congress and Presi-
dential Electors, or either of said officers, shall likewise meet
at the same time at its County seat, and shall in like manner
proceed to organize as and shall be the County Board of Can-
vassers for the election of the Federal officers aforesaid.
Segars v. Parrott, 54 S. C, i; 31 S. E., 677.
Sec. 217. The said Board of County Canvassers, respec-votesTprotests;
tively, shall then proceed to canvass the votes of the County, returns.
When townships, or parts of townships, of any County may g. S. 121;
not be in the same Congressional District, the proper Board 1 1 1'p^^ 1170',
of County Canvassers 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 townships,
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, subject to
appeal to the Board of State Canvassers. They shall make
such statements of the votes of the County as the nature of
the election shall require, within ten days from their first meet-
ing, as a Board of County Canvassers, and shall transmit to the
Board of State Canvassers any protest, and all papers relating
to the election.
Segars v. Parrott, 54 S. C, i; 31 S. E., 677.
Duty of County Canvassers. — State v. Chairman County Canvassers, 4 S. C, 485.
Majority, a quorum sufficient. — State v. DeLeisselne, i McC, 52.
But single member cannot act as Board. — State v. Nerland, 7 S. C, 241.
Board may receive secondary evidence of ballots and returns lost or destroyed. —
lb.
They act judicially, and decision conclusive until reversed. — State v. Bruce, 3
Brev., 264; State v. DeLeisselne, supra; State v. Cockrell, 2 Rich., 6; State v.
Walker, 5 S. C, 265.
An appeal lies from the County Board of Canvassers to State Board. — State ex
rel. Martin v. Moore, 54 S. C, 556; 32 S. E. 700.
Sec. 218. Duplicate statements shall be made and filed ingt^gPents^to
the office of the Clerk of the County ; and, if there be no such fifed™wfth crk
Clerk, duly qualified according to law, then in the office of the °^ County.
Secretary of State. r.\ f^e-riV.
Sec. 219. They shall make separate statements of the whole separate state-
number of votes given in such County for Representatives in™;^"^® forTach
Congress ; and separate statements of all other votes given for ?or!°" ^° * ^ "^
other officers. Such statements shall contain the names of the g. s. 123;
persons for whom such votes were given, and the number of " "'''''' ^'
votes given for each, which shall be written out in words at
full lenarth.
I04 CIVIL CODE
A. D. 1902.
» ' Sec. 220. There shall be prepared by the Commissioners
ate'' staTemlntsi *h^^^ Separate lists of each statement, besides the lists to be
for^'^c'o unfilled in the office of the County Clerk, or Secretary of State,
rmry of 'stltei ^"^ ^^^^ ^^^^ shall be Certified to as correct, by the signatures of
prepared. ^^g Commissioucrs, Subscribed to such certificate.
R.^s. ?78;' Jb! ^®°' ^^l- After the final adjournment of the Board of
Returns to be Co^^'^^y Cauvasscrs, and within the time prescribed in this
t^hT^clvlrno? Chapter, the Chairman of said Board shall forward, addressed
oF stf?rby'"^a ^o the Governor and Secretary of State, by a messenger, the
messenger. rctums, poll Hst, and all papers appertaining to the election.
R.%. fygTiV. ^®^' ^^^' Each Commissioner and Manager of Election shall
Pay of eiec- rcceive for his compensation one dollar per day for his ser-
oth°e^ ex^ensel vices whilc actually employed, and five cents per mile for
of elections, ncccssary travel ; each clerk of the Commissioners, and of the
jj^'r^s. ilo;' Managers, respectively, shall receive one dollar per day while
iioo; ^viilI 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 Com-
missioners, 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 Com-
missioners, 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 proprietor 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.
OF SOUTH CAROLINA.
ARTICLE IV.
Formation and Proceedings of the Board of State
Canvassers.
Sec.
Sec.
223. Meeting of State Canvassers.
224. Who constitute the Board ;
quorum.
225. When no quorum, President
of Senate attends and acts.
226. Board to make statement of
votes cast for each candi-
date and certify same.
227. Certificate of determination
delivered to Secretary of
State.
228. Board declares what persons
elected, and decides con-
tested cases on appeal.
229. May adjourn from day to day
for fifteen days.
230. How election of Governor
may be contested.
231. Secretary of State to record
result of canvass.
232. To furnish copy of each de-
termination to person de-
clared elected and to Gov-
ernor.
233. To print statements in public
newspapers.
234. To send certificate of elec-
tion of Member of Congress
to House of Representatives.
235. To keep record of County of-
ficers elected.
Section 223. The Secretary of State shall appoint a meeting gtafe^ cl"nvas°s^
of the Board of State Canvassers, to be held at his office, orers-
some convenient place, within ten days next after such general ^ G.^ s.^ ^2^7;
election, for the purpose of canvassing the votes for all offices if,^ ~§ ^y^^'
voted for at such election.
Sec. 224. The Secretary of State, Comptroller General, At-^^ w^ho ^onsd-
torney General, State Treasurer, Adjutant and Inspector Gen- quorum.
eral, and the Chairman of the Committee on Privileges and^^G^ ^82-^ ibJ
Elections of the House of Representatives, shall constitute the § 41-
Board of State Canvassers — four of whom shall be a quorum. when no
Sec. 225. If a majority of these officers shall be unable, orguomm.^Pres^
shall fail, to attend, the President of the Senate, on being noti- at t^e n d s and
fied by the Secretary of State, shall attend without delay, and ~"q~"^ — ~
with the officers attending shall form a Board. |^- S- ^83; ib.,
o 5 42.
Sec. 226. The Board when thus formed shall, upon the cer- Board to make
r /-• statement o f
tified copies of the statements made by the Boards of County votes cast for
^ each candidate
Canvassers, proceed to make a statement of the whole number and certify
r I • rr- t same.
of votes gfiven at such election for the various officers, and
^ . , , -, . G. S. 130;
for each of them voted for, distmguishmg the several Counties r. s. 1S4; ib.,
in which they were given. They shall certify such statements
to be correct, and subscribe the same with their proper names. certificate of
Sec. 227. They shall make and subscribe, on the proper determinau^o^n
statement, a certificate of their determination, and shall deliver l^^re* a r y of
the same to the Secretarv of State. 5 g. 113;
R. S. iS's; lb.',
§ 44-
io6 CIVIL CODE
A. D. 1902.
v..^»-^y/-^.^ Referred to. — State v. Nerland, 7 S. C, 241.
Such certificate void when based upon copies of statements of County Board of
Canvassers, certified by one of the Board. — State v. Nerland, 7 S. C, 241.
es'^°what'^^per- Scc. 228. Upon sucli Statements they shall then proceed to
and^d^e c'f d e'^s determine and declare what persons have -been, by the greatest
es^on^app'eai.^ Humbcr of votcs, duly clectcd to such offices, or either of them.
Q s J 32; They shall have power, and it is made their duty, as judicial
^82 ^x V I L, officers, to decide all cases under protest or contest that may
1 120, I 1 72, ^Qj^g before them on appeal from the decisions of the County
Board of Canvassers.
Board not an inferior Court; a special tribunal to decide elections. — Whipper v.
Talbird, 32 S. C, i; 10 S. E., 578. No appeal from. — Ex Parte Mackey, 15 S. C,
322; Ex Parte Whipper, 32 S. C, 5; 10 S. E., 579; Pettigrew v. Bell, 34 S. C,
104. Duties of. — State v. Hayne, 8 S. C, 367; Ex Parte Mackey, 15 S. C, 335;
Ex Parte Elliott, 33 S. C, 602; 12 S. E., 423. Title to office does not depend
upon their decision when not contested. — Ex Parte Smith, 18 S. C, 516. When
they decline to act or are equally divided on appeal, decision of County Board
stands. — State v. Walker, 5 S. C, 263; Ex Parte Elliott, supra. But in election
of Senator their determination is subject to final decision of Senate. — Ex Parte
Scarborough, 34 S. C, 13; 12 S. E., 666. Minute irregularity does not invalidate
election. — State v. Harman, Chev., 267. Power of Courts in elections. — State v.
Alderman, i, S. C, 30; Alexander v. McKenzie, 2 S. C, 81; Ex Parte Carson, 5
S. C, 117. Will not grant mandamus to alter decision. — State v. Bruce, 3 Brev.,
264; Grier v. Shackleford, 3 Brev., 491; State v. Sims, 18 S. C, 461; Ex Parte
Scarborough, 34 S. C, 13; 12 S. E., 666. But will enforce ministerial duty of
mandamus where no appeal lies. — Ex Parte Mackey, 15 S. C, 335. The action
of the State Board of Canvssers can only be reviewed by the Courts under cer-
tiorari. Ex Parte Riggs, 52 S. C, 298; 29 S. E. 645; Segars v. Parrott, 54 S. C,
29; 31 S. E., 683. The action of the County Board of Canvassers may be re-
viewed on appeal to the State Board, and the court will not issue a writ of cer-
tiorari to review their action. — State ex rel. Martin v. Moore, 54 S. C, 556; 32
S. E., 700.
from^ dai°"to Scc. 229. The Board shall have power to adjourn from day
days.^°'^ ^^^^^""to day for a term not exceeding fifteen days.
Q s_ J33. Sec. 230. In case of a contest of the election of Governor, if
fiVf; §^4.' ^''" the General Assembly, by Concurrent Resolution, shall enter-
How election tain the same, the Senate and House of Representatives shall,
of Gove r n o r
may
bV ""con^ each separately, proceed to hear and determine the facts in the
^^^^^^- case, so far as they deem necessary, and decide thereon who is
4, §°4f G^s: entitled to be declared elected. If the two branches of the General
i88i,\vo.'. Assembly come to the same decision, they shall, by Concurrent
1121, § 47- 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 Con-
stitution and the oath with respect to dueling, be inducted into
office. If the two branches of the General Assembly do net
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
OF SOUTH CAROLINA.
ninety da3'S, at which the qualified electors shall proceed to vote
for a suitable person to fill the office of Governor.
Sec. 231. The Secretary of State shall record in his office, in stf^g"^ to^reLrd
a book to be kept by him for that purpose, each certified state- ^!^|"'' °^ '^^^'
ment and determination which shall be delivered to him by the q §. 135;
Board of State Canvassers, and every dissent or protest thatf^;^ g^^g. ^^^'
shall have been delivered to him by a canvasser.
Sec. 232. He shall, without delay, transmit a copy, under the cop^ ° of """^each
seal of his office, of such certified determination to each person tJ^''pe?son''d"-
thereby declared to be elected, and a like copy to the Governor, and^ to ^Gover-
This certificate not the only evidence of election to House of Representatives.
nor.
If refused, right to seat may be shown otherwise. — State v. Hayne, 8 S. C, 367. „ 4; ^- '^^ '
K. .T. 190; lo.,
Sec. 233. He shall cause a/copiy of such certified statements *" '^'^'
and determinations to be printed in one or more public news- statementV "in
r , 1 • o, . public newspa-
papers of this State. . - pers.
Sec. 234. He shall prepare a general certificate, under the~G. s. 137;
seal of the State, and attested by him as Secretary thereof, ad- ^'^o'. ^^^' "
dressed to the House of Representatives of the United States to send cer-
in that Congress for which any person shall have been chosen, tLn^ of° niem-
of the due election of such person as Representative of this gress "to House
State in Congress, and shall transmit the same to the said?ives.^'^'^^^" ^
House of Representatives at their first meeting. gT^s. 138;
Sec. 235. The Secretary of State shall enter in a book to be § 's"!; '^^' '
kept in his office the names of the respective County officers to keep rec-
elected in this State, specifying the Counties for which they office°rs elected^
were severally elected, and their place of residence, the office o. s. 139;
for which they were respectively elected, and their term of §^'52.' ^^^' ''
office.
CHAPTER XL
The Election of Representatives in Congress and Electors of
President and Vice-President.
Article i. Election of Representatives in Congress.
Article 2. Election of Electors of President and Vice-Presi-
dent, and formation and proceedings of the
Electoral College.
io8
CIVIL CODE
A. D. 1902.
ARTICLE I.
Election of Representatives in Congress.
Sec.
236. Representatives ; how and
when chosen.
237. Division of State into Con-
gressional Districts.
Sec.
Each District elects one mem-
ber.
Represe n t a-
tives ; how and
Section 236. Representatives in the House of Representatives
wiien chosen, of the Cougrcss of the United States shall be chosen at each
G. S. 112; general election in the several Congressional Districts by the
.alified voters thereof.
Sec. 237. The State is divided into seven Congressional Dis-
R- S. I 9 4 ,
1882, XVII., qualified voters thereof.
1117, § 25. ^
DivisJ o n of
State into Con- trictS, aS f olloWS :
gressional Dis-
tricts. The First Congressional District shall be composed of the
G s. 141; Counties of Charleston, Georgetown, Beaufort and of the town-
1 169; 'i 893', ships of Anderson, Hope, Indian, Kings, Laws, Mingo, Penn,
J " ^. ' . Rids^e, Sutton and Turkey of the County of Williamsburg, the
First District. ° ' ■' ■' °
townships of Collins, Adams Run, Glover, Frazier, Lowndes
and Blake of the County of Colleton, and all of the County of
Berkeley except such townships as are embraced in the Seventh
Congressional District below.
, T^- The Second Cong-ressional District shall be composed of the
Second Dis- * ^
trict. Counties of Hampton, Bamberg, Barnwell, Aiken and Edge-
field and Saluda.
Third District, jj^g Third Congressional District shall be composed of the
Counties of Abbeville, Newberry, Anderson, Oconee, Pickens
and Greenwood.
Fourth District The Fourth Congressional District shall be composed of the
Counties of Greenville, Laurens and Fairfield ; all of the Coun-
ty of Spartanburg except the township of White Plains ; all of
the County of Union, and of the townships of Centre, Columbia
and Upper of the County of Richland.
Fifth District. The Fifth Congressional District shall be composed of the
Counties of York, Cherokee, Chester, Lancaster, Chesterfield,
Kershaw and the township of White Plains of the County of
Spartanburg.
Sixth District. The Sixth Congressional District shall be composed of the
Counties of Clarendon, Darlington, Marlboro, Marion, Flor-
ence, Horry, and the townships of Lake, -Lee's, Johnson's and
Sumter, and the town of Kingstree in the County of Wil-
liamsburg.
OF SOUTH CAROLINA.
The Seventh Congressional District shall be composed of the
Counties of Lexington, Orangeburg, Sumter, the townships of trict^^^^*^ ^'^'
Bell's Sheredan, Heyward, Verdier, Broxton's and Warren of
the County of Colleton ; and the townships of St. James Goose
Creek, St. John's Berkeley and St. Stephen's of the County of
Berkeley, and Lower Township of the County of Richland, and
the County of Dorchester.
See Section 212, ante, for provisions as to separate Congressional boxes at border
precincts, and Section 217, separate reports by County Canvassers.
Sec. 238. Until the. next apportionment be made by the Con- Each District
^ ^ _ -^ _ .to elect one
gress of the United States, each of the said Congerssional Dis- member of
^ ° _ Congress.
tricts shall be entitled to elect one member to represent this — -- —
■^ G. S. 142;
State in the Congress of the United States. After such new R- s. 196;
^ __Amended.
apportionment by Congress, the General Assembly shall divide 1882, xvii.,
the State into as many Congerssional Districts as the State is
entitled to members in the House of Representatives. And in
case the Congress of the United States shall by any new appor-
tionment give to this State more than seven members of the
House of Representatives, 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.
ARTICLE 11.
Election of Electors of President and Vice-President,
AND Formation and Proceedings of the Electoral
College.
Sec.
246. Meeting of the Electors ; pre-
liminary organization.
247. Duties of Secretary of State.
248. Permanent organization ; vote
by ballot, &c.
249. Certified lists of candidates
voted for, and the vote for
each, to be made.
250. To appoint messengers to de-
liver lists ; when and to
whom.
251. other duplicate lists ; to
whom forwarded and de-
livered.
252. Compensation of Electors. Pr2ident7n d
Vice President,
Section 239. When an election for President and Vice Presi- how chosen.
dent of the United States occurs, there shall be elected, by gen- „ g. s. 143;
' -^ ° R. S. I 9 7;
eral ticket, as many Electors of President and Vice President as '882, x v 1 1.
1122, § 56.
Sec.
239. Electors of President and
Vice President, how chosen.
240. Certified copies of statement
of votes to be made, &c.
241. Statement to be delivered by
messengers to Secretary of
State.
242. Meeting of Board of State
Canvassers.
243. Statement and determination
of Board.
244. Certificates by Secretary of
State ; messenger.
245. Determination and certificate
of Board to be published.
no CIVIL CODE
A. D. 1902.
' y ' 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.
Electors derive authority from Constitution and laws of United States; their
title cannot be determined by quo warranto in name of State. — State v. Bowen, 8
S. C, 400.
Certified cop- Scc. 240. The Commissioners of Election of each County
ment of votes shall make four certified copies of the statement of votes given
&c. ' for Electors in their County : one of which copies shall be filed
G. s. 144; in the office of the Clerk of the County, if there be such Clerk
11^3. § 57- 'duly qualified by law; another of such copies they shall forth-
with transmit to the Governor; another to the Secretary of
State ; and deliver the other as hereinafter directed.
Statement to Scc. 241. The Commissioners of Election of each County
be delivered, by
messengers t o shall appoint 3. mcssengcr, and shall deliver to such messenger
Secretary of , . . -r 1 r 1 1-1
State. the remamnig certified copy of the statement oi the votes given
G. s. 145; in their County for Electors, securely enclosed and under seal,
§ '58.' ' " and such messenger shall proceed forthwith to deliver the same
to the Secretary of State.
Meeting o f Sec. 242. The Board of State Canvassers shall meet at the
Canvassers, officc of the Secretary of State within ten days next after such
G. s. 146; election, to canvass the votes given for the Electors of Presi-
§ 59.' ' '' dent and Vice-President ; and in case all the certified state-
ments shall not have been received on that day, the Board may
adjourn from day to day until the same shall have been re-
ceived, not exceeding five days ; and if at the expiration of four
days certified copies of the statements of the County Canvass-
ers 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,
statement Scc. 243. The Board shall proceed, in making a statement
and determina- ,- 11 1 • • • 1- • 1
tion of Board, of all the votcs, and determining and certifying the persons
G. s. 147; elected, in the manner prescribed by law in relation to the elec-
R. S. 201; lb., . .' „ ^ -^
§ 60. tion of other officers.
Certificates by Scc. 244. The Secretary of State shall, without delav, cause
Secre taryof ,.,. -_ -, .-,,'
State. Messen-a copy, Under the seal of his office, of the certified determma-
— '■ tion of the Board to be delivered to each of the persons therein
G. S. 148;
R. s. 202; lb., declared to be elected ; and for that purpose he may employ such
and so many messengers as he shall deem necessary. The mes-
sengers so employed shall receive for their compensation twelve
OF SOUTH CAROLINA. iii
— A. D. 1902.
cents per mile for traveling, to be audited by the Comptroller- < '
General upon the certificate of the Secretary of State.
Sec. 245. The determination and certificate of the Board in and'^ce'Amcate
relation to the choice of the Electors shall be published in the ^^^fj°g^j^° ^^^
same manner as provided in relation to the certificates of the ~"^^7~^~^^
election of other officers. g^ef; ^°^' ^^■'
Sec. 246. The Electors of President and Vice-President shall ^^^^ i n g of
convene at the capital, in some convenient place, on the second PrdkiTnl r y
Monday in January next after their election ; and those of them organization.
who shall be assembled at eleven o'clock in the forenoon oi ^\ f^^.^^^^'^
that day shall, immediately after that hour, proceed to a pre- /gg^^ -^j^lj^;
liminary organization and make such preliminary arrange- |g^^_ ^^^9, xx.,
ments as may be necessary for permanent organization and the
casting of the electoral vote of the State.
Sec. 247. The Secretary of State shall prepare three lists of se?retVr%' of
the names of the Electors, procure to the same the signature of £^'!i__
the Governor, affix thereto the seal of the State, and deliver j^^g fosilbj,
them, thus signed and sealed, to the President of the College ^^-^ 1^89, xx.,
of Electors on the said second Monday in January.
Sec. 248. On the said second Monday in January, at 12 o^inTzlu o n!
o'clock M., the Electors shall meet at some convenient place at ^°^^ ^^ ^^"°^'
the capital and effect a permanent organization by the election q g j^^.
of a President and Secretary from their own body, pT^oceedf-^^-^^^ ^^^'
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 occasioned by
an equal number of votes having been given for two or more
candidates 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 them-
selves. They shall name in their ballots the persons voted for
as President, and, in distinct ballots, the persons voted for as
Vice-President.
Sec. 249. They shall make distinct lists of all persons voted of*^candidaSl
for as President, and of all persons voted for as Vice-Presi- ^hg^ vote ^f'J)r
dent, and of the number of votes for each, which lists theyi^\^de. ^° ^^
shall sign and certify; and, after annexing thereto one of the q_ s. 156;
lists received from the Secretary of State, they shall seal up igga, xv"!!.',
the same, certifying thereon that lists of the votes of this State ''^'^' ^ ^^'
* for President and Vice-President are contained therein.
Sec. 250. The Electors shall then, by writing, under their
hands, or under the hands of a majority of them, appoint a per-
112 CIVIL CODE
A. D. 1902. "
' y ' son to take charge of the hsts so sealed up, who shall deliver
T o appoint jj^g same to the President of the Senate of the Congress of the
messenger to °
deliver lists; ]jjjj^g(j States, at the seat of government, before the second
when and to ' o '
'^'^^oni- Wednesday in February then next ensuing.
T. % ^'o '^'jV In case there shall be no President of the Senate at the seat
R. S. 206", lb.,
1^1^2 5, XX., ,3£ government on the arrival of the person entrusted with the
lists of the votes of the Electors, hetn such person is required to
deliver the lists of the votes in his custody into the office of the
Secretary of State of the E'nited States.
other dupii- gec. 251. The Electors are also required to forward forth-
cate lists; to i t~v • i - i r- j- i
whom for-^vith, bv the postomce, to the President ot the Senate oi the
warded and ■ ^ . ^ ,
delivered. United States, at the seat of government, and to deliver torth-
G. s. 158; -^vith to the Judge of the United States for the District of South
R S 200' 7&
§■ 70; '1885' Carolina, and to the Secretarv of State, to be filed in his office,
XIX. 27. '
similar lists signed, annexed, sealed up, and certified in the
manner aforesaid.
Compensation gee. 252. Evcrv Elector of this State for the election of a
of Electors. -
— - — President and Vice-President of the United States who shall at-
G. S. 159;
R- s. 2io;tgnd at any election of those officers, and give his vote at tne
1882, XVII., -' . . . . . r
1125, § 73- time and place appointed 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
Assembly for their attendance and travel, to be paid in like
manner.
CHAPTER XII.
Election of County Officers.
Sec. I Sec.
253. General election for County 254. Vacancies in County offices ;
officers ; when held. | how filled.
tio*^ToTcounty Sectloii 253. There shall be a general election for the following
officers, when ^^^^^^. ^f^^^^^^ ^^ ^^[^ . County Supcrvisors and County Super-
G. s. 160; intendents of Education, held in each County at ever}' general
fi&2^x V I L, election for members of the House of Representatives ; and for
Gen.' ^st.; ^y the election of Sheriff, Coroner and Clerk of the Court of Com-
xix°^'lf!l mon Pleas, at every alternate general election, reckoning from
XX.'? 281.^ ^ ^' 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.
OF SOUTH CAROLINA.
Vacancy i n
County offices;
The Probate Judge in every County, and the Clerk of Court
in Berkeley and Cherokee Counties, and the Sheriff and Cor-
oner in Berkeley, Cherokee and Hampton Counties, shall be
elected at every alternate general election, reckoning from the
one thousand eight hundred and ninety.
Clerk is a State officer within meaning of Constitution, Art., XIV., Sec. lo; and
his term is limited to next general election. — Williams v. Ostendorf, MS. Dec,
1877; State V. Sims, 18 S. C, 463.
So is School Commissioner (now County Superintendent of Education), and his
term is so limited. — Pettigrew v. Bell, 34 S. C, 104; 12 S. E., 1023.
Sec. 254. In the event of a vacancy at any time in any of the
offices of any county of the State, whether from death, resig-how filled
nation, disqualification, refusal or neglect to qualifv of the „ G. s. i6i;
^ ° -1 .- _ R. S. 2 I 2;
person elected or appointed thereto, expiration of the term of 1882, xviii.,
•^ -^ 375 ; amended
office, removal from the county or from any other cause, the 1899; xxiii.,
Governor shall have full power to appoint some suitable per-
son, who shall be an elector of the county, and, upon duly quali-
fying according to law, shall be entitled to enter upon and hold
the office to which he has been appointed, if it be an elective of-
fice, 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 election 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 General Assembly at the regular session
next after such appointment ; and shall be subject to all the du-
ties and liabilities incident to said office during the term of his
service therein.
Legislature may provide to fill vacancy in Clerk's office by election. — Reister
V. Hemphill, 2 S. C, 325.
The Governor cannot so fill a vacancy in the office of Judge of Probate, where
the unexpired term exceeds one year. — Whitmire v. Langston, 11 S. C, 181.
CHAPTER XIII.
Primary Elections.
Sec.
Sec.
257
Returns, how made and when
filed.
258. Candidates may appoint
watchers in certain Counties.
255. Primary Elections, how con-
ducted, appointment of man-
agers, oaths.
256. Duties of Managers.
Section 255. Every political primary election held by any po- Regulation of
litical party, organization, or association for the purpose of tions^"^^ ^
choosing candidates for office, or the election of delegates to
conventions, shall be presided over and conducted in the nian-
.— C
CIVIL CODE
ner prescribed by the rules of the pohtical party, organization,
or association holding such primary election by managers se-
a^rs!^ °^ °^^^' lected in the manner prescribed by such rules. Such managers
R7~sr"77^ shall, before entering upon the discharge of their duties, each
XX., 10, § I. |-^]^g ^^^ subscribe an oath that he will fairly, impartially and
honestly conduct the same according to the provisions of this
Act and the rules of such party, organization 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
Oaths to be 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 af-
ter such election.
Duty of man- ggc. 256. Bcfore any ballots are received at such election,
agers. -' '
— ^^ — ^ — ;^and immediately before opening the polls, such managers shall
lb., § 2. open each ballot box to be used in 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
opening to receive the ballots, and shall not again open the
PoU list. 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
Oath of voters, ^^^o'"^ receiving any ballot administer to the voter an oath that
he is duly qualified to vote according to the 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
rSah^"^^^^^^^^^^ ^^^ declare the result ; 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 rules
of the party, organization or association holding such election.
How held. gcc. 257. Evcry such primary election shall be held at the
^^R. s. 215 ; time and place, and under the regulations prescribed by the
rules of the party, organization, or association holding the same.
Returns o f ^^d the retums shall be made and the result declared as pre-
managers. scribed by such rules, but the returns of the manager, 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
OF SOUTH CAROLINA. 115
" ■ A. D. 1902.
the final declaration of the result thereof, and shall remain ^ »- — -^
there for public inspection.
The decisions of the State Executive Committee of the Democratic party as to
the validity of a primary election are quasi judicial, and reviewable by the Courts
under the writ of certiorari. Ex parte Sanders, 53 S. C, 478; 31 S. E., 290. The
rules of the Democratic party as to primary elections are considered in same case.
Sec. 258. That candidates in all counties in which there is a 56'fam'e^^dby
city containing twenty thousand inhabitants or more shall have 3^°°' ^^™-'
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 over, there shall be a party registration
of voters under regulations to be prescribed by the rules of the
party.
TITLE III.
OF THE ASSESSMENT AND COLLECTION OF
TAXES.
Chapter XIV. The Assessment of Taxes.
Chapter XV. The Collection of Taxes.
CHAPTER XIV.
The Assessment of Taxes.
Article i. Subjects and lien of taxes.
Article 2. Definition of terms.
Article 3. Property exempt from taxation.
Article 4. General rules as to the return and assessment of
property.
Article 5. Special provisions as to returns of merchants,
manufacturers and pawnbrokers, and respect-
ing mines and mining claims.
Article 6. Special rules as to returns and assessment of rail-
road, express, telegraph and insurance compa-
nies, and provisions as to other corporations.
Article 7. Special rules as to the assessment of property re-
turnable for taxation by persons, firms or cor-
porations engaged in textile industries, and
canals providing power for rent or hire, and
cotton seed oil companies and fertilizer com-
panies. «*
CIYIL CODE
Article 8. Special rules as to banks and bank stock and un-
incorporated bankers and banking associations.
Article 9. Tax on Incomes ; special rules for.
Article 10. Proceedings on default of return and penalties
therefor ; A-aluation of property for taxation.
Article ii. The County Auditor; appointment, tenure of of-
fice and general powers and duties.
Article 12. Boards of Assessors and Boards of Equalization
and their functions.
ARTICLE I.
Subjects and Lien of Taxes.
Sec.
259. Poll tax ; who liable for.
260. What property is taxable.
261. Who liable for taxes on real
estate.
262. Personal property held in
trust or charge for others,
wht) liable for taxes on.
Sec.
26
Taxes a debt due the State,
and a first lien upon prop-
erty taxed ; how enforced.
264. Collection of tax to pay
Township Bonds in aid of
Railroads.
liable for'. Section 259. There shall be assessed on all taxable polls in this
G. s. i6S; State an annual tax of one dollar on each poll, the proceeds of
1882, XVI I.', which tax shall be applied solely to educational purposes. All
males between the ages of twenty-one and fifty years, except
those incapable of earning a support from being maimed or
from any other cause, shall be deemed taxable polls.
Poll tax Constitutional, but limited to use for educational purposes. — State v.
11-. .. Cobb, 8 S. C, 123.
W hat proper- -^
Sec. 260. All real and personal property in this State, and
property of residents of this State which
ty is taxable.
G. S. 164; 1
R. s. 217; J6., personal
^'^^" may be kept or used temporarily out of the State, with the in-
tention 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
otherAvise, of parties residents in this State shall be subject to
taxation.
Personal propert}' taxable where found. — Jenkins v. Charleston, 3 S. C, 400.
Who liable ^^'^^''^'^y- — State v. Charleston, I Mill, 36; Bubow v. City Council, i N. &
for taxes on McC, 527; Hayne v. DeLiesselirte, 3 McC, 374.
real estate.
Q ^^ j^ Sec. 261. Every person shall be liable to pay taxes and as-
R. s. 218; lb., sessments on the real estate of which he or she mav stand seized
s 150-
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, trus-
tee or committee.
OF SOUTH CAROLINA.
Sec. 262. All executors, administrators, guardians, trustees,
receivers, officers, husbands, fathers, mothers, agents or factors property ° held
shall be personally liable for the taxes on all personal property chargl'''for oth^
which they are required, respectively, to list for taxation by f^'/tlxcs'on!^
the provisions of this Chapter, and which was in their posses- q g jgg.
sion at the time when the return thereof for taxation shall havef-f.jf' ^■' ^'^■'
been made by themselves or the County Auditors, and may re-
tain in their hands a sufficient amount of the property, or pro-
ceeds 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, adminis-
trator, guardian, trustee, husband, father, mother, agent or
factor, receiver or officer.
Sec. 263. All taxes, assessments and penalties legally asses- due the state,
sed shall be considered and held as a debt payable to the State n e n upon
by a party against whom the same shall be charged ; and such how enforced.'
taxes, assessments and penalties shall be a first lien in all cases g. s. 170;
whatsoever upon the property taxed; the lien to attach at thcgs/, "§ 155.
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 or trustee, as
aforesaid, or proceeds of any property held on execution or at-
tachment ; 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 estate, or in the purchase or pro-
ceeds of the sale thereof, order all taxes, assessments and pen-
alties charged thereon to be paid out of the proceeds of such
sale as a lien prior to all others.
Liens, as preferred.- — State v. Allen, 2 Bay, 244. Must be expressly made so
by the law or arise by necessary implication. — Barker v. Smith, 10 S. C, 226.
Continues as long as Statute provides. — lb. It is not given priority over pre-
viously attached inchoate right of dower. — Shell v. Duncan, 31 S. C, 547; 10
S. E., 330.
Executions, as to. Section is unconstitutional. — State v. Allen, 2 McC, 55;
State v. Columbia, 6 S. C, 11. It was held under certain tax acts that the per-
sonalty must be exhausted before land can be sold. — Ebaugh v. Mullinax, 34 S. C,
364; 13 S. E., 613; Curtis V. Renneker, 34 S. C, 468; 13 S. E., 664. Under later
Acts it has been held that the omission to exhaust the personalty does not affect
the purchaser's title.
Interstate B. & L. Ass'n v. Waters, 50 S. C, 459; 27 S. E., 948.
ii8 CIVIL CODE
A. D. 1902.
'^'^v— ' Sec. 264. No Board of Township Commissioners, nor Coun-
t a^°^ t°o'' pVy ty Board of Commissioners, nor any other officer or offices, shall
issued maM of assess Or levy, and no County Treasurer nor other officer or
hfbited!^^ P"""' officers shall collect any tax for the payment of township bonds,
1897, xxiL.or the coupons thereof, issued in the aid of a railroad : Provided,
^^•*' This Section shall not apply to those bonds issued in the aid of
Exceptions, j-ailroads that have been completed and finished through such
townships as have issued such bonds, nor until such road or por-
tion thereof shall have been accepted by the Railroad Commis-
sioners : Provided, further, That the provisions of this Section
shall not apply to Newberry County or any part thereof.
ARTICLE II.
Definition of Terms.
Sec. 265. Meaning of words, terms and phrases.
tems"'**°'^ °f Section 265. The phrase "real property," as used in this Chap-
— - — ^ — ^ter, shall be held to mean and include not only land, city, town
^8 % ^^^' ^^''^^'^ village* lots, but all structures and other things therein con-
tained or annexed or attached thereto which pass to the vendee
by the conveyance of the land or lot. The phrase "personal
property," as used in this Chapter, shall be held to mean and
include all things, other than real estate, which have any pe-
cuniary value, and moneys, credits, investments in bonds,
stocks, joint stock companies, or otherwise. The term "mon-
eys" 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 de-
mands in his favor, the amount of all legal debts and demands
against him, whether such demands 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 in-
surance 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 re-
OF SOUTH CAROLINA.
ligious, scientific, literary or charitable purpose, nor of any ac-
knowledgement of a liability not founded on a legal and valu-
able consideration, nor any more of an}-- joint liability with oth-
ers than the party honestly believes he will be compelled to pay,
nor any contingent liability, nor of any acknowledgement of
debt or liability made for the purpose of diminishing the
amount of credit to be returned for taxation. The phrase "in-
vestment 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 State or Territory of the United States,
or any foreign government, or any County, city, town, or other
municipality, 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 indebted-
ness, 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 Chapter,
shall be held to include firms, companies, associations, and cor-
porations ; and all words in the plural number shall apply to
single individuals, in all cases in which the spirit and intent 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.
CIVIL CODE
ARTICLE III.
Property Exempt from Taxation.
Sec. 266. i:Jxemptlons from taxes.
from^^xes "^ ^ Scctioii 266. The following property shall be exempt from tax-
ation, to wit :
S-..?22; 1882, 1st. All public schools, and the grounds actually occupied by
G. S. 169; R.
S. 222; 1882,
XVII., 98s. §
^54- them, not exceeding 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 income is derived
therefrom.
3d. All incorporated public colleges, academies and institu-
tions 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
authority 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 exclu-
sively 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, dis-
trict or sub-district.
5th. 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 court houses, jails or public offices, with the grounds on
which such buildings are or may be erected, not exceeding
ten acres in any County.
8th. 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.
loth. All fire engines and other implements used in the ex-
tinguishment of fires, with the buildings and grounds used ex-
OF SOUTH CAROLINA. 121
A. D. 1902.
clusively for the keeping and preservation thereof, when owned ^— ■^v^^i-'
by any city, town or village, or any fire company organized
therein.
nth. All public squares or grounds and market houses 1896, xxii.
owned by any city, village or town, and used exclusively for
public purposes, and not for revenue.
1 2th. All city, town and village halls owned and used ex-
clusively for public purposes, and not for revenue, by any city,
town or village.
City of Columbia v. Tindal, 43 S. C, 547; 22 S. E., 341. ^
13th. All waterworks to supply water for the use of a town
or city, the machinery 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 tax-
ation.
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.
1 6th. All rents accruing from real estate which shall not be-
come due within two months after the first day of January of
the yeai;^in which taxes are to be assessed thereon. ♦
17th. All of any annuity not payable on or before August
first of the year for which taxes are to be assessed thereon.
1 8th. 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 cor-
poration which is required to list its capital and property for
taxation m this State.
20th. All the wearing apparel of the person required to make
return, and his family.
2 1 St. 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.
As to enforcement of collection of unpaid taxes upon municipal property not
used exclusively for public purposes, and for revenue, see Sec. 425 — post.
CR^IL CODE
ARTICLE IV.
Gexeral Rules as to the Returx axd Assessment of
Property.
Sec. 1 Sec.
267. Comptroller General pre- i 270. At what places personal prop-
scribes form of returns and erty shall be returned for
oath. taxation and taxed.
271. When annual returns of per-
sonal property, &c., to be
made ; particulars embraced ;
character and value of prop-
erty.
272. When returns of real prop-
erty shall be made. ^'
26S. Annual returns of personal
property to be made by
every taxpayer.
269. Persons listing for others,
personally responsible ; list-
ing must be in name of
holder of legal title.
Comptroller Sectioii 267. The Comptroller General shall prescribe the
scrtbe^^forms.^' forms of all retums of taxation, and of the oaths that shall be
G. s. 213; R. made thereto, and transmit the same to the several County Au-
s. 223; lb. (jj^Qj-s • and any return made in any way varying therefrom shall
not be regarded as a return.
Sec. 268. Every person of full age, and of sound mind, shall
assessment ^ of annually list for taxation the following personal property, to
property.
Wit:
s. 224and^223! ist. 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 Carolina, and under his control, which may be tem-
porarily 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 companies, 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 parties are residing together ; if the husband be dead, or is
insane, or is not living Avith his wife, by the wife ; of ever}'
person for whose benefit property is held in trust, by the
trustee ; of everv deceased person, by the executor or adminis-
OF SOUTH CAROLINA.
trator; of those whose property or assets are in the hands of
receivers, by such receivers ; of every firm, company, body
poHtic 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 appointee ; of those absent or unknown, by their agent
or the person having it in charge ; of lessees of real property,
by such lessees.
Sec. 269. All persons required by law to list property for erty listed and
others, shall list it separately from their own, and in the name '■
of the owner thereof; but shall be personally responsible for s. ' 226; 'ib.',
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 : Pro-
vided, That all lands shall be listed and assessed as the property
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 trusts, 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 bankruptcy,
the property shall be listed and assessed as the property of the
bankrupt. 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.
Sec. 270. All horses, neat cattle, mules, asses, sheep, hogs, ^°^^ an'1%7
dogs, wagons, carts, and other vehicles used in any business ; ^"^ned.
furniture and supplies used in hotels, restaurants, and other g<^-^s. 175 ^^R.
houses of public resort ; all personal property used in or in xvii., 989.
connection with storehouses, manufactories, warehouses, or
other places of business ; all personal property on farms ; all
merchants' and manufacturers' stock and capital, shall be re-
turned for taxation and taxed in the city, village, and town in
which it is situated ; all bankers' capital and personal assets per-
taining to their banking business, in the city, town, and village
in which the banking house is located ; all shares of stock in in-
CIVIL CODE
corporated banks located in this State, in the city, town, and
village where the bank is located ; all property of deceased per-
sons shall be returned for taxation at the residence of the
executor or administrator, if in the County where administra-
tion may be legally granted ; but if the executor or adminis-
trator 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 reside 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.
^i9_oi, XXIII., 'pj^g owners of real property situate partly within and partly
without any incorporated town or city are hereby required to
returns!^*^^ ^^'^list the part in the town or city separately from the part outside
the incorporate limits thereof.
When return- Scc. 271. Everv pcrson required bv law to list property shall
ed and now - ^ ^ • .
valued. annually, between the first day of January and the twentieth
G. s. 176; day of Februarv, make out and deliver to the Auditor of the
R. S. 228; lb., ■' ■ '
990. 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, administrator, trustee, re-
ceiver, officer, partner, factor, or holder, with the value thereof,
^.L^|tj^ng^of ag- on Said first day of January, at the place of return, estimating
ducts for taxa- according to the rules prescribed by law: Provided, That the
— 88 — iEix~^^^^^^^ *^^ ^^^ following agricultural products, to wit: corn,
798. cotton, wheat, oats, rice, peas and long forage, made on the
day specified by law, shall be the amounts actually on hand on
August I, 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.
OF SOUTH CAROLINA.
6th. The value of gold and silver plate, and number of gold
and silver watches, and their value.
7th. The number of piano fortes, melodeons, and cabinet or-
gans, and their value.
8th. The number of pleasure carriages, sCnd their value.
9th. The number and value of dogs.
loth. The value of goods, merchandise, moneys, and credits,
pertaining to his business as a merchant.
nth. The value of materials received, used, or provided to
be used, in his business as a manufacturer.
1 2th. The value of ail machinery, engines, tools, fixtures,
and implements used, or provided to be used, in his business as
a manufacturer, and of all manufactured articles on hand one
year or more.
13th. The value of moneys, including" bank bills and circu-
lating notes.
14th. The value of all credits.
15th. The value of investments in the stocks of any com-
pany or corporation out of this State, except National Banks.
1 6th. The value of all investments in bonds, except bonds of
the United States and this State expressly exempted from tax-
ation.
17. The value of all other property.
Sec. 272. It shall be the duty of all persons who are required re?i%stlte"fCr
by law to make returns of personal property to make full to^be°made ^"
returns of all real estate and improvements thereon between "iggy xxii
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 ist day
of March and the 15th day of March.
126 CIVIL CODE
A. D. 1902.
ARTICLE V.
Special Provisions as to Returns of Manufacturers and
Pawnbrokers, and Respecting Mines and Mining
Claims.
Sec.
273. Manufacturers defined ; state-
ments additional to return
of.
Sec.
274. Pawnbroliers ; annual re-
turns ; when and to whom
made, and what to contain.
275. Mines and mining claims,
how assessed and taxed.
Section 273. Every person engaged in making, fabricating, or
R. 's. ' 2 3 o; clianging things into new forms for use, or in refining, rectify-
992. ' " ing, or combining 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 other-
wise held for the purpose of being used by him in his business,
at any time during the year preceding the first day of January
of the year in which the return is made ; to ascertain 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 dur-
ing the year, add thereto all purchases, when made, at cost,
ascertain the average value on 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 ag-
gregate 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 opening and closing such business
shall make returns on material — the time of opening and clos-
ing 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 machinery, tools, implements, fixtures and
OF SOUTH CAROLINA.
Pawnbrokers.
engines, used or purchased for use in his business (except such
as have been appraised for taxation as part of the realty), to-
gether 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 remain on hand in a manufactured state for one year.
Sec. 274. Every pawnbroker, person, or company, engaged
in the business of receiving property on pledge, or as security j^/^g. 23i;^ib!
for money or other thing advanced to the pawner or pledger,
shall, annually, in the month of January, 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.
Sec. 275. All personal property used in connection with j^j^^j'^g^i^ims^
mines and mining claims, and all land not actually mined con- "^T^sTTiiT
nected with mines and mining claims, shall be assessed for tax- fs82,\ v 1 1.',
ation 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 lieu
thereof, the gross proceeds alone of such mines and mining
claims shall be assessed and taxed.
CIVIL CODE
ARTICLE VI.
Special Rules as to Returns and Assessments of Rail-
road, Express, Telegraph and Insurance Companies,
AND Provisions as to Other Corporations.
Sec.
276. Railroads and like companies
to return property in use as
personalty ; lien for taxes ;
return, when and where
made.
277. Railroad companies ; annual
returns to Comptroller Gen-
eral ; how made and what
to contain.
278. The same ; annual returns to
County Auditors ; what to
embrace.
279. How value of railroad prop-
erty fixed and apportioned.
280. Comptroller General pre-
scribes forms of return and
oath.
281. Receiver makes returns when
road in his hands.
282. Comptroller General's powers
relative to returns and in-
vestigation touching same.
283. State Board of Assessors ;
who constitute ; annual
meeting and proceedings.
284. Comptroller General certifies
action of Board to County
Auditors, who conform their
duplicates thereto.
285. Where railroad company fails
to make returns, Board to
ascertain value and add
penalty ; result certified to
Auditors.
286. Attorney General to bring ac-
tion, to test right of railroad
companies to exemption
from taxation.
287. How railroad property not on
books may be assessed.
288. Telegraph companies defined.
289. Express companies defined.
290. Sleeping car companies de-
fined.
291. Tax returns of telegraph,
telephone, express and sleep-
ing car companies.
292. Comptroller General to ex-
amine such returns.
293. Action of State Board of As-
sessors thereon.
Sec.
294.
295.
296.
297.
298.
299.
300.
301.
302.
303.
304.
305.
306.
307.
308.
Value of property, how as-
certained.
Value of property in this
State to be ascertained.
Board of Assessors to certify
values to Comptroller Gen-
eral.
Auditors to require agents to
report and apportion values
in Townships, &c.
Penalties on such companies
for failure to pay taxes as-
sessed.
Special provisions as to past
due taxes on such com-
panies.
Penalties on such companies
for failure to make returns ;
duties of Comptroller Gen-
eral and Auditors in such
case.
Returns of such companies
having principal office out
of State ; Comptroller Gen-
eral prescribes form ; his
powers relative thereto.
Foreign insurance companies ;
returns to be made by
agents ; when and to whom
made, and particulars
thereof.
Domestic insurance com-
panies ; returns of person-
alty ; where made.
Corporations organized under
laws of State and owning
property therein, and else-
where ; how assessed and
taxed.
Capital of domestic corpora-
tion owning no property in
State not to be taxed.
Corporations in general to
list property as individuals
are required to list.
Companies incorporated under
joint charter to be assessed
and taxed as may be pre-
scribed therein.
Refusal to pay taxes works
forfeiture of charter.
Prior to the Constitution of 1895, municipalities were not bound by assessment
by the State Board. — State ex. rel. So. Rwy. Co. v. Talley, 50 S. C, 374; 27 S. E.,
803.
OF SOUTH CAROLINA.
Section 276. The road bed, right of way, station buildings,
toll houses, structures, tools, machinery, poles, wires, fixtures, p^^|'jJ'"°^Q^p\"jf.
vessels, and real estate, owned and necessarily in daily use by J.^/j.^°tgj. ^ ' '^ ^
any railroad, turnpike, plank road, bridge, telegraph, canal, or~^~^ j^^.
slack- water navigation company, in the prosecution of its busi- fs82^xyii!,
ness, shall, for the purposes 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 tax-
ation ; which return shall be made in the month of January,
or before the twentieth of February, annually, to the several
Auditors of the Counties in which such road, canal, bridge,
telegraph line, or slack- water navigation company may be sit-
uated, according to the value of such property 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 ap-
portioned to each town, city, ward, or village, in proportion to
the value of the road bed, canal, slack-water navigation, bridge,
or telegraph line in each.
Railroad held not liable for taxes, when exempt by its charter, as against bonds
having first statutory lien thereon.- — Hand v. R. R. Co., 17 S. C, 219. An assess-
ment to pay expenses of railroad commissioners valid. — C. C. & A. R. R. Co. v.
Gibbes, 24 S. C, 60; lb; 27 S. C, 385; 4 S. E., 49.
Sec. 277. The President and Secretary of every railroad Returns, when
company whose track or road bed, or any part thereof, is in this - — '-
State, shall annually, between the first of January and twentieth r. s. 234; ib.'.
of February, return to the Comptroller General, under their ^^^'
oaths, the total length thereof in each County, city, town and
incorporated 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 incorporated village in this State,
the location and value of all their shops, depots, grounds, sta-
tion houses, wood and water stations, buildings, stationary en-
gines, tools, implements, and fixtures in South Carolina, and
all other real estate necessary to the daily running operations
of the road; the number and value, each, of all their loco-
motive engines, passenger, freight, platform, gravel, construc-
tion, hand, and other cars; the value of their moneys and
9.-C
I30 CIVIL CODE
A. D. 1902.
N.-«»-v-«w 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.
made!""^' ^^^"^ Sec. 278. The President and Secretary of every railroad
Q ^ ^^ company mentioned in the preceding Section shall also, an-
R. s. 235; lb. nually, between the first of January and the twentieth of Feb-
ruary, return 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.
How made; Scc. 279. In ascertaining the value of the road and property
how valued. '^
— - — of any railroad company, the value of the right of v/ay, bed
G. S. 182 ',
R. s. 236; and track of the whole road shall be fixed, and such value ap-
1882, XVII., .,,,.,,,
993- portioned pro rata to each mile of the mam 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 vil-
lage ; 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 incorporated village of this State, through or into which
said road is located, shall be stated in said return.
„ .„ , Sec. 280. The return and oath required of officers of railroad
How verified. ^
— ^ — ^ — ^^ companies shall be made in such form as shall be prescribed by
R. s. 237; i&.. the Comptroller General.
994. r- _ _
When in ^®^* ^^^' If a^i}' I'sili'oad, its appurteuanccs, equipments, and
hands of a Re- propertv of auv kind soever, shall be in the hands of a receiver
ceiver, to be J^ J^ -■ ' '
made by Re- qj- other officcr, such rccciver or other officer shall make the
ceiver. '
— - — ^ — ^j^ returns required by this Chapter.
R. s. 238; lb. Sec. 282. The Comptroller General, or any person appointed
by him for that purpose, may put any question, in writing, he
OF SOUTH CAROLINA. 131
A. D. 1902.
e r
may deem proper, to any officer, agent or receiver of any rail- ^ y —
road company having any portion of its track in this State ; ^ComptroU ^
and he may summon any officer, receiver or agent of such com- '^^^^^ L°am°ne
pany to appear before him and testify, under oath (which oath ^°o^S' etc.
said Comptroller General is authorized to administer), touch- ^^^^ %g-^%'
ing 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 con-
dition, amount and value of said company's property and the
management or disposition thereof.
Sec. 283. The Treasurer of the State, Secretary of State, g^^^^ Board
Comptroller General and Attorney General of the State, and "^^jj^^^f'sOp^^^of
the Chairman of the Board of Railroad Commissioners of thisf^*^-
State, shall constitute a State Board of Assessors, a majority j^^g 2^0.^^^'
of whom shall constitute a quorum for the transaction of busi-
ness, who shall meet at the office of the Comptroller General
■on the second Wednesday of May, annually, or as soon there- j^^^™^ °^ ^^^^'
after 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 Assessment.
property of railroad companies whose roads are wholly or par-
tially 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, .^ai^atk)n". ° ^
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 pro- Record,
■ceedings, 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 competent to decide Decisions,
all questions which may come before said Board.
Sec. 284. The Comptroller General shall certify to the ^Comptroller
^ _ -^ General to cer-
County Auditor of each County into which any railroad, or part t'fy to Audi
thereof, may be located, the valuations of railroad property in— ^^ — ^ — —
said County as determined and assessed by the State Board of R s.241.
Assessors, with all additions made to or deductions from the
valuation of the property of any railroad company in said
CIVIL CODE
County by the State Board of Assessors ; and the County Audi-
tor shall charge the railroad company or companies in the
Auditors t o several cities, towns, townships and incorporated villagfes of
charge taxes. ' ^ r r- a
their County, for taxation, with the valuations determined and
assessed by the State Board of Assessors.
Proceedings in gee. 285. If anv railroad company, or its officers, shall fail
case of no re- - r- j > '
^"^"- to make the returns to the Comptroller and to each County
R^s -'2 '^^' ^"^uditor in each County in which such railroad, or part thereof,
may be located, as herein required, on or before twentieth day
of February, annually, the State Board of Assessors shall pro-
ceed to ascertain the value of said companies' road and prop-
erty, according to the principles prescribed herein, from the
best information they can conveniently obtain, and add thereto
Penalty. -Q£|.^. pgj. centum as penalty, and apportion the same to the
several Counties, towns, townships, cities and incorporated vil-
lages through or into which said road, or any part thereof,
be'^certified. * ° ^^7 ^6 locatcd, and the Comptroller General shall certify the
1807, XXII., same to the several County Auditors, who shall place the same
"^53- on their duplicates for taxation.
tesTriihTof Sec. 286. The Attorney General is hereby directed to proceed
panie^'^to °ex- ^° institute proceedings to test the right of any railroad com-
tSfation ^ "" ° "^ P^^^y ^" ^^^^ State to an exemption from taxation if in his judg-
ment he thinks it proper to do so.
fo?"aiMaxe° ^ '^^^ State, in any such case, may bring one action for all
taxes due. State, County, "ordinary" and "special," and recover
the whole in one proceeding,
ered^liow^'cfis- Any taxcs SO rccovcrcd shall, after paying the expenses of
tributed. collcctiou, bc distributed amongst the State and Counties in-
terested, according to the respective interests of each under
their respective levies for the year for which recovery is made.
prSl°^''°"" The Railroad Board of Assessors, on behalf of the State,
and the Supervisors of the Counties and the attorneys repre-
senting them in any such proceeding, on behalf of the Counties,
shall have the right to compromise and settle Avith any such
railroad companies as may be proceeded against under this
Section on such basis as they shall deem proper and just.
Nothing contained in Chapter III, Title II, Part II of the
Code of Civil Procedure shall apply to any action or proceeding
instituted under this Section.
dies^^^not'^^hn- Nothing in this Section shall be construed to impair any other
paired. 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.
OF SOUTH CAROLINA. 133
A. D. 1902.
The Circuit Court has jurisdiction of an action brought under this Section, v^^p-^-^^^
and the complaint must show that the tax has been legally assessed. — State v.
Cheraw and D. Ry. Co., 54 S. C, 564; 32 S. E., 691.
Sec. 287. When railroad property has not been returned nor pr'?p°e^ty^'^n°o't
assessed for any year, and not put on the tax books for such°f^y^''^,g^°''^';®
year or years, and no taxes were paid thereon, and more than messed. ^
a year has elapsed since taxes for such years, if assessed at 354°°' ^^^^^•'
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 5^^"" ^^^"^ °^
in which it shall appear that said road has been off 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.
Said Auditor shall enter the said assessment each year Auditor to
■^ enter assess-
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 property taxed, the value of the
same, and the amount due for each year separately.
The Treasurer shall immediately demand the said taxes (jemTnd"[axes°
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.
Said taxes shall become due as soon as said demand is , ^"^^^ ^^^J^^
D r o u g ht tor
made, and if they are not paid within sixty days from the de- ^°h^e ^""^ a n^i
mands 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 de-
fault, 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.
The assessment herein provided for shall be limited to the Qf^™gg^gj^g°t"
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.
CIVIL CODE
The provisions of this Section shall not apply to any railroad
1901, XXIII., property which may be hereafter adjudged by the Courts to be
87 1- ' , , ,
exempt by law from the taxes which may be assessed agamst it
under this section.
Other reme- Nothinsf herein contained shall be construed to impair
dies not im- "^ ^
paired. in any way the right of the State, or any of its officers or
1900, XXIII., agencies, to collect such taxes in any other method provided
by law.
Teiegrph gec. 288. Any joint stock association, company, copartner-
companies de- -^ ■" ' ST J ' I.
fined. ship or Corporation, whether incorporated under the laws of
_ 1898, XXII., this State, or of any other State, or of any foreign nation, en-
gaged 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,
panfes^^dlffnid! Scc. 289. Evcry joint stock association, company, copartner-
J^ ship or corporation incorporated or acting under the laws of
this or any other State, or any foreign nation, engaged in con-
veying 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, com-
pany, copartnership or corporation is not a railroad company,
shall be deemed and held to be an express company within the
meaning of this article.
Southern Express Co. v. Hood, 15 Rich., 66.
Sleeping car ggg^ 290. Evcrv joiut stock associatiou, company, copartner-
companies de- -' J ' sr J ' L
fi"gd. si-jjp 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, sleep-
ing 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.
Tdlphlne^Ex- ^cc. 291. Evcry such telegraph, express, sleeping car, and
iiee In' Car^^^^^y telephone company doing business in this State, whether
mTkT verified ^"corporated under the laws of this State, or of any other State,
Com^r'L* li e ? o^ o^ ^"7 forcigu nation, shall annually, between the first day
timflc ^°"'of January and the twentieth day of February, make out and
1898 XXII , deliver to the Comptroller General of this State a statement,
713; lb. verified by the oath of the officer or agent of such company
OF SOUTH CAROLINA.
making- such statement, with reference to the thirty-first day of
December next preceding, showing, m^nf nfu^l^t
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 December 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 capi-
tal 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 improve-
ments thereon, owned by said association, company, copartner-
ship or corporation, situate outside the State of South Caro-
lina, 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 an express company :
Eighth, (a) The total length of the lines or routes over
which such association, company, copartnership or corporation
transports such merchandise, freight or express matter.
CIVIL CODE
(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 Townships 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 companies 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 Town-
ships 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.
GinTrl^fotl Sec. 292. Upon the filing of such statements, the Comptroller
m™irts;^dutks General shall examine them, and each of them, and if he shall
ther'eto,'^&c!'°'' ^ecm the same insufficient, or in case he shall deem that other
lb.. § s-
information is requisite, he shall require such officer to make
such other and further statements as said Comptroller General
may call for. In case of the failure or refusal of any associa-
tion, company, copartnership or corporation to make out and
deliver to the Comptroller General any statement or statements
required by Sections 288 to 291 inclusive, such association, com-
pany, 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 twentieth day
of February, to be sued and recovered in any proper form of
action in the name of the State of South Carolina on the rela-
tion of the Comptroller General, and such penalty, when col-
lected, shall be paid into the general fund of the State.
Gene'^aiToSay Sec. 293. Upou the meeting of the State Board of Assessors
'wSl B'd for the purpose of assessing railroad and other property, said
!i^!!!!!!!!^ Comptroller General shall lay such statements, with such in-
ib., § 6. formation as may have been furnished him, before said State
Board of Assessors, who shall thereupon value and assess the
property of each association, company, copartnership or cor-
poration, in the manner hereinafter set forth, after examining
OF SOUTH CAROLINA.
such statements and after ascertaining the value of such proper-
ties 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- ^ °j!^* ^^p^°^
poration to appear before them with such books, papers or lessors, &c.
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.
Sec. 294. Said State Board of Assessors shall first ascer- Board of As-
1 . . r 1 • 1 1 • 1 sessors to as-
tam the true cash value of the entire property owned by said certain value
, . . f. . 1 of prop e r t y;
association, company, copartnership or corporation from said how, &c.
statements or otherwise, for that purpose taking the aggregate ib.. § y-
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 association, company,
copartnership or corporation, in whatever manner the same is
divided, in case no shares of capital stock have been issued :
Provided, however. That in case the whole, or any portion, of
the property of such association, company, copartnership or
corporation shall be incumbered by a mortgage or mortgages,
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 amounts 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, copartner-
ship 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 ascertain from such
statements, or otherwise, the assessed value for taxation, in the
localities where the same is situated, of the several pieces of
real estate situate within the State of South Carolina and not
specifically used in the general business of such association,
companies, copartnerships 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, co-
partnerships or corporations within the State of South Caro-
lina by taking the proportion of the whole aggregate value of
said associations, companies, copartnerships or corporations, as
138 CIVIL CODE
A. D. 1902. ~~
'— "-v""*-^ above ascertained, after deducting the assessed value of such
real estate without the State, which the length of the lines of said
associations, companies, copartnerships or corporations, in the
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 proportion 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 ascertained, shall be deemed and held as
the entire value of the property of said associations, companies,
copartnerships or corporations within the State of South Caro-
lina. 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 291, and the residue of such value so ascer-
tained, after deducting therefrom the assessed value of such
local properties, shall be by said Board assessed to said asso-
ciation.
How value of ggg^ 295. Said State Board of Assessors shall thereupon
property ascer- _ _ '■
i_Bintd^ ascertain the value per mile of the property within the State
lb., § 8. i-,y dividing the total value, as above ascertained, after deduct-
ing 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.
Board of As- Scc. 296. Said State Board of Assessors shall thereupon,
tffy°'^vaiue'^?o for the purposc of determining what amount shall be assessed
Ge^?d°whoby it to said association, company, copartnership or corporation
to""^' Audifo^ ! in each County in the State through, across, into or over which
po'rtion? ^a n'd the line of said association, compan}^ copartnership or cor-
^' poration extends, multiply the value per mile, as above ascer-
^^■' ^ ^' tained, bv the number of miles in each of such Counties as re-
OF SOUTH CAROLINA.
ported in said statements, or as otlierwise ascertained, and the
result tliereof shall be by said Board certified to 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.
Sec. 297. To enable said Countv Auditors to properly ap- Auditors may
r sr J r- require agents
portion the assessments between the several Townships, they ^° report, &c.
are authorized to require the agent of said association or com- -f^-' § '°-
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 appliances sit-
uated in any Township, and extend the taxes thereon upon
the duplicates, as in other cases.
Sec. 298. In case any such association, copartnership or cor- Penalty for
o • o • ■ 1 f -1 f^""re or re-
poration as named in Sections 288 to 291 inclusive shall fail fusai to pay
... the taxes as-
or refuse to pay any taxes assessed against it in any Countv s e s s e d, and
^. ^ . . . '^ -^ . " how collected;
or Township in the State, in addition to other remedies pro- such taxes to
. . be collected by
vided by law for the collection of taxes, an action may be prose- Comptr o 1 1 e r
(-. 1-0 /— 1- 1 1 f- General; how
cuted m the name of the State of South Carolina, by the So- disposed of.
licitors of the different Judicial Circuits of the State, on the ih.,%11.
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, to-
gether 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 association, 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, co-
partnership 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
I40 CIVIL CODE ,
A. D. 1902. ■
"^ y ' the whole, or any portion, of the taxes so unpaid in any County
or Counties, Township or Townships ; but the Attorney Gen-
eral 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 Comptroller 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 settle-
ment with the State, and proper entries shall be made with
reference thereto : Provided, however, That in any such action
the amount of the assessment 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.
vision"^'as^t°o Scc. 299. All moucys now due the State, or which may be-
on^^uch cTm-come duc ou 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 February,
1898, on account of receipts for the preceding years, are hereby
saved from the operations of the aforesaid repealing clause.
Sec. 300. If any express, telegraph, telephone or sleeping car
company shall fail to make and deliver to the Comptroller Gen-
OF SOUTH CAROLINA.
eral the statement required in this Chapter, on or before the
twentieth day of February, annually, such company shall forfeit fafj^^e^^^ ^ ° '^
and pay to the State of South Carolina five hundred dollars, 7r~z
^ - ' G. S. 190;
as a penalty; and the Comptroller General shall certify the fact fssa^vii'
of such failure to the Auditor of any County in this State in 997-
which said company ma}' 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 re-
quired by this Chapter, on or before the twentieth 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, col-
lected and paid over to the State Treasurer, in the same man-
ner herein provided as to the penalty for not making the return
to the Comptroller General : Provided, 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 end-
ing the first day of January of that 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 any deduction for expenses paid out by the company.
And if such company shall have no principal 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 twentieth
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
CIVIL CODE
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.
made"'^"^' ^°^ ^^^' ^^^' -^^^ rctums required to be made by express, sleep-
'^ ^ ToT^^^S^ '^^^ ^^'^ telephone and telegraph companies, having their
^gg,^^y^^' principal offices out of this State, shall be made m such form
99S- as the Comptroller General shall prescribe ; 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.
atints ^of " or^ ^^c. 302. Each agcut in this State of any insurance com-
ies.^ ^ compan- p^j-^y organized under the laws of any other State or country,
Q s. i^si^d doing business in this State, shall, annually, in the month
^99^' ^'^^' ^^'' of January, or before twentieth of February, return to the
Auditor of the County in which such agency is located, a sworn
statement of the gross receipts of such agency for the year
ending on the first day of that month, including all notes, ac-
counts and other things received or agreed upon as a compensa-
tion for insurance at such agency, together with all the value
of any personal property of said company situate at such
agency; and the company shall be charged with taxes at the
place of said agency on the amount so returned ; and the agent
shall also be personally responsible for such taxes, and may
retain in his hands a sufficient amount of the company's assets
to pay the same, unless the same shall be paid by the company.
co^pa^ils^ ^ ' '^ Sec. 303. Every insurance company organized under the
Q s jj,3. laws of this State shall return all its personal property, moneys,
R. s. 247; ■ff'- 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.
Other cor- gee. 304. Any companv or corporation organized under the
porations. jr. r o
G. S. 194
R. S.
7 laws of this State, and owning property in any other State or
^48; country, as well as in this State, shall not be required to return
999- ' its capital for taxation in this State, but shall return such prop-
erty 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
OF SOUTH CAROLINA.
be made by such company, the shareholders therein shall not
be required to return their shares for taxation.
Sec. 305. A corporation organized under the laws of this created°'^unde?
State, but owning no property in this State, shall not be re- g^^^''^ "o^vnin^
quired to return its capital for taxation in this State. d°e^state'^ ^°'
Sec. 306. All companies and corporations, whether organized ~^ ^ — ^ — :
under the laws of this State or not, the manner of listing whose ^- ^- ^49; ib.
personal property is not otherwise specifically provided for J^°^'^ ^rati^D^ns
by law, shall list for taxation all their personal and real property listed^^^
and effects at the same time, in the same manner, and in the ,, ^o ^- ^9.6'
' ' R. S. 2So;Ib.
same localities, as individuals are required to list similar prop-
erty and effects for taxation.
Sec. 307. Anv company incorporated under a joint charter Corporations
ir . sr J organ i z e d as
granted by this and some other State or States, and the manner w e 1 1 u n d e r
"J ' ' laws of this as
of taxing which, or the amount upon which it shall be taxed, %^l^^^^ other
or the specific proportion of its capital or property upon which— ^^ — ^ — ^ — :
taxes shall be assessed in South Carolina, is prescribed or 'R- s. 251; ib.,
' -t^ 1000.
fixed in its charter, shall be assessed for taxation and taxed as
prescribed in this Chapter until otherwise legally provided.
Sec. 308. Whenever anv corporation chartered under the Refusal to
laws of this State shall, within thirty days after the time re- z TTT"
. ' ' . . ^^93. XXI.,
quired and permitted by law for taxes to be paid, with or with- 395-
out 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 ^yg^ks a for-
such corporation, with all the rights, privileges and franchises future,
thereunder, shall become and be deemed forfeited, and the cor-
porate existence of such corporation shall be annulled.
In every such case, it shall be the duty of the Attorney Gen- erai'°\o^^'brfn<^
eral, and he is hereby required, to bring an action against such action,
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 XIIL, Chap-
ter II. of the Code of Civil Procedure of this State.
CIVIL CODE
ARTICLE VII.
Special Rules as to Persons, Firms or Corporations En-
gaged IN Textile Industries, and Canals Providing
Power for Rent or Hire, and Cotton Seed Oil Com-
panies and Fertilizer Companies.
Sec. I Sec.
309. Manufacturers of textile fab- 311. State Board of Equalization
rics ; canals ; cotton seed oil, i to pass on same.
and fertilizer companies to ! 312. State Board of Equalization
make returns to Auditor.
310. Returns to be forwarded to
Comptroller General.
to certify thereon to the
Auditor.
nufactur- Sectioii 309. All individuals, firms or corporations engaged,
ers of textile qj- ^j^^^ j^^y j^g hereafter engaged, in this State, in the manufac-
fabrics, canals -' o o ' ' ^ ^
fur n i s h in g ^^j-g gf textile fabrics of any kind, and canals providing power
power, cotton J ' '^ .
seed oil and {qj- j-gj^^ or hire, and cotton seed oil companies and fertilizer com-
tertilizer com- ' '^
panics to jiiake panies, shall make their returns of property belonging to or
ditor. connected with such manufacture, as usual, for taxation, to the
1901, XXIII., Auditor of the County in which the property is situate, and
after the same shall be passed on by the Township and County
Boards of Equalization they shall forward ail such returns,
with such comments and suggestions as he shall see fit, to the
Comptroller General, as soon as the time for making returns
has expired.
Forwarded to ^^^- ^^^- ^^ shsll be the duty of the Comptroller General to
^ompt_roiier j.g(,g^.^g ^^^^ safely keep said returns in his office, and the State
Yjy 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 con-
vene he shall lay before said Board said returns, with such com-
ments and suggestions thereon as he shall see fit.
State Board ^^c. 311. The State Board of Equalization are hereby au-
t/on^ ^ " ^ ^'^^' thorized and empowered to investigate 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.
OF SOUTH CAROLINA.
Sec. 312. When said State Board shall have finally acted on
said returns, their actions shall be certified to the Comptroller Auditlr'^^*^ *°
General, who shall transmit the same, in so far as it affects the
property of any Count}^, to the Auditor of said County, who
shall enter the same, according to law, on the tax books of his
County.
ARTICLE VIII.
Special Rules as to Banks and Bank Stock and Unincor-
porated Bankers and Banking Associations.
Sec.
313. Bank stock ; how listed and
where taxed.
314. Real estate taxed where lo-
cated.
315. Lists of stockholders and de-
positors to be kept for in-
spection of tax officials.
316. Annual returns of banks to
Auditors ; what to contain.
317. How tax assessed and appor-
tioned among shareholders.
318. Taxes a lien on shares until
paid ; meantime no transfer
nor payment of dividends al-
lowed.
Sec.
319. Bank may pay taxes on shares
of its stockholders and de-
duct from dividends.
320. Bank failing to make return.
Auditor ascertains value of
shares ; his duty and au-
thority in such case.
321. Annual returns of unincor-
porated banks and bankers ;
what to be stated.
322. How average obtained.
323. Who are bankers.
324. Powers of Auditor to enforce
returns ; penalty for default
of or false returns.
Section 313. All shares of the stockholders in any bank or bank- Bank stocks.
ing association, located in this State, whether now or hereafter g. s. 198;
incorporated or organized under the laws of this State, or of the 1882, x v 1 1.',
United States, shall be listed at their true value in money, and
taxed in the city, ward, town or incorporated village where such
bank is located, and not elsewhere : Provided, That the words
"true value in money," as used in line three of 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.
Sec. 314. The real estate of any such bank or bankinsr asso- Real estate of
banks.
ciation shall be taxed in the place where the same may be lo-
cated, the same as the real estate of individuals.
Sec. 315. There shall at all times be kept in the office where,. Must keep
list of share-
the business of such bank or banking association is transacted, holders and de-
^ positors.
a full and correct list of the names and residences of the stock- — - —
G. S. 200;
holders therein, and the number of shares held by each ; also, a ^v s. 2 s 5 ;
-^ 1882, X V 1 1.,
1000.
C — 10.
G. S. 199;
R. S. 254; lb.
CIVIL CODE
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 business 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.
oSrehofckra ^60. 316. It shall bc the duty of the President and Cashier
Audfto™^'aVd°^ cvery such bank or banking association, between the first
of ba^nk. ""^^^^ °^ January and twentieth of February, annually, to make out
G~s 201^^"*^ return, under oath, to the Auditor of the County in which
R. s. 256; lb. such bank or banking association may be located, a full state-
ment 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 description of the
real estate owned by said bank.
Sec. 317. The Auditor of the County in which any such bank
sessed" a^nd ap- ^^ banking association may be located, upon receiving the
fnfong ' °sha^ri rctum provided for in the preceding Section, shall deduct from
^°''^^^^- ,the actual total value of the shares in any such bank or banking
R^s %7^°ih' association 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.
shl?es.^ ^'^" °^ Sec. 318. Any taxes assessed on any such shares of stock,
Q s. 203; or the value thereof, in manner aforesaid, shall be, and remain,
foofi ^^^'' "^^"'a lien on such shares from the first day of June in each year,
until such taxes are paid; and, in case of the non-payment of
such taxes at the time required by law, by any shareholder,
and after notice received of the County Treasurer of the non-
payment of such taxes, it shall be unlawful for the Cashier,
or other officers of such bank or banking association, to trans-
fer, 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 divi-
dend shall be paid on any stock so delinquent so long as such
taxes, penalties, and costs, or any part thereof, remain due or
unpaid.
OF SOUTH CAROLINA.
Sec. 319. It shall be lawful for any such bank or banking
association to pay to the Treasurer of the County in which such i^ank may
y^ J ^ paytaxoi
bank or banking association may be located, the taxes that may shareholders.
be assessed upon its shares, as aforesaid, in the hands of its ^^ g^ s^ 204;
shareholders, respectively, and deduct the same from any divi-
dends that may be due, or may thereafter become due, on any
such shares as aforesaid.
Sec. 320. If any bank or banking association shall fail to
make out and furnish to the County Auditor the statement re- i/^^l'^J'a Ik
quired by Section 316 within the time required herein, it shall tan^^^maji^l
be the duty of said Auditor to examine the books of said bank penalty for
-' raise return.
or banking association, also to examine any officer or agent— ^^ — ^ — — •
thereof, under oath, together with such other persons as heR-g^s^^6o;
may deem proper, and make out the statement required by said looi.
Section, and enter the value of said shares on the duplicate for
taxation. Any bank officer failing to make out and furnish to
the County Auditor the statement, or wilfully making a false
statement, as herein required, shall be liable to a fine not ex-
ceeding one thousand dollars, together with all costs and other
expenses incurred by the Auditor, or other proper officer, in ob-
taining such statement aforesaid.
Sec. 321. All unincorporated banks and bankers shall, an- unincorporat-
nually, between the first of June and twentieth of July, make ^^^''^^^^^"^^^^^2
out and return to the Auditor of the proper County, under °^ assessing.
oath of the owner or principal officer or ma,nager thereof, a ^\ ^^2\ib'..
statement, setting forth : ^°°^-
1st. The average amount of notes and bills receivable, dis-
counted, or purchased in the course of business by such unin-
corporated bank, banker, or bankers, and considered good and
collectable.
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 indebtedness, 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.
148 CIVIL CODE
A. D. 1902.
, ' 8th. The average amount of government and other securities,
specifying the kinds that are exempt from taxation.
9th. The amount of capital paid in or employed in such
banking business, together with the number of shares or propor-
tional interest each shareholder or partner has in such associa-
tion or partnership.
From the aggregate sum of the first five items above enumer-
ated, 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 incor-
porated village.
ob?a*ined^^'^^^^ Scc. 322. The average provided for in the preceding Section
G~s 207^^^^^^ ^^ obtained by adding together the amounts of each item
^•g^ ^j^ y J ^ ' above specified, owned by or standing on the books of such
1002. bank, banker, or bankers, on the first day of each month of
the year ending the last day of December 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 commencement of such
business : Provided, That all fractions of a month shall be
counted as a month.
bankcK*^ ^ *■ ^ Scc. 323. Every company, association, or person not incor-
~^ ^ ^.'porated under any law of this State, or of the United States,
foof' ^^^' ^^"^ for banking purposes, who shall keep an office or other place
of business, and engage in the business of lending money, re-
ceiving money on deposit, buying and selling bullion, bills of
exchange, notes, bonds, stocks, or other evidences of indebted-
ness, with a view to profit, shall be deemed a bank, banker, or
bankers, within the meaning of the provisions of this Chapter.
Auditors to^en- ^cc. 324. The Auditor shall have the same powers to enforce
penahy^foTde- ^o'^^^*^^ rcturns from bank officers and bankers, to examine
false returns"^ witncsscs and enforcc their attendance, and have the same aid
~~g7 s. 209; of the Court of General Sessions of the County, as is provided
?oo3,' fig^'^^'' 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 unincorporated bank, banker, or bankers.
OF SOUTH CAROLINA.
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.
ARTICLE IX.
Tax on Incomes ; Special Rules For.
Sec.
325.
326.
327.
328.
Graduated tax on incomes.
How incomes are to be com-
puted.
Definitions of terms.
When and how tax shall be
collected.
Sec.
329. Returns, how and when made.
330. Penalty for failure to make
returns.
331. Returns subject to existing
laws.
Section 325. There shall be annually assessed, levied and col- Graduated tax
. . on incomes.
lected upon the gains, gross profits and income received durmg —
the preceding calendar year by every citizen of this State, 529-
whether such gains, profits or income be derived from any kind
of property, rents, interests, 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
residing without this State, excepting such corporations as are
hereinafter excepted : 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.
Sec. 326. In computing incomes, the necessary expenses ac- computed' ^°^
tually incurred in carrying on any business, occupation or pro- y^
CIVIL CODE
fession, not including remuneration to the taxpayer for personal
supervision or the support and maintenance of his or her family,
shall be deducted from the gross income 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.
"Citizen" and gg^ 327^ xhe words "citizen" and "person," as used in this
person m- ^
elude whom? Article, shall be deemed to include all natural persons, all copart-
/^- ners and all members of any incorporated association, and to ex-
clude, except as hereinafter included, all corporations duly
chartered by the laws of the United States, and of this or any
other State.
an^^'^Lw '^w)!^ ^^^' ^^^' ^^^ ^^^ herein provided for shall be assessed,
iggted. levied and collected in the same manner, at the same time, as
^^- other taxes, and by the same County officials as are now
charged with the assessment, levy and collection of State and
County taxes, and shall be paid into the State Treasury as other
general State taxes.
Returns; how gg^^ 329. All oersons liable for the payment of any of the
andwhen ^ ^ ■'
made. ^^x herein provided for shall, at the times now or hereafter
jh. provided by law for the making of returns of personal prop-
erty, make, under 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 aforesaid, 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 All pcrsons, whether natural or corporations created by
make returns. . ...
charter, actmg as guardians, trustees, executors, administra-
tors, agents, receivers, or in any other fiduciary 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.
Sec. 330. Any person or corporation failing or refusing to
make the list or return required by this Article, or rendering a
willfullv false or fraudulent list or return, shall be assessed by
OF SOUTH CAROLINA.
lb.
A. D. 1902.
the Auditor on account of said income tax, in such amount as ^-^-^y— -"
appears to him from the best information obtainable by him . ??naity for
'^^ J failing to make
either by examination of the defaulting taxpayer or any other faye"return° ^
evidence, that such taxpayer is liable for ; and in case of failure
or neglect to make said list or return, the said Auditor shall
add fifty per centum as a penalty to the amount of tax due ; and
in case of a wilfully false or fraudulent return or list having
been rendered, the Auditor shall add one hundred per centum
as a penalt}^ to said tax ; the tax and the additions 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.
Sec. 331. In every respect not herein specified, the returns jg^^^g^^^jgf-jj'g
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 assessment and collection of taxes on personal property.
The disclosure of contents of these returns is prohibited by Sec. 8 of the original
Act. See Criminal Code.
ARTICLE X.
Proceedings on Default of Return and Penalties There-
for— Valuation of Property for Taxation.
Sec.
332
When no return made, &c.,
Auditor makes up and re-
turns statement ; his powers
in such cases, &c.
333. Penalty for failure to list
where property escapes tax-
ation ; how charged in sub-
sequent year.
334. Persons commencing business
after January 1st to report
to Auditor ; how charged on
duplicate.
Sec.
335. Auditor must ascertain names
of persons so commencing
business.
336. Penalty for not reporting to
Auditor.
337. All property must be valued
at its true value in money ;
rule for ascertaining value.
338. How certain articles of per-
sonal property to be valued.
Section 332. If any person shall refuse or neglect to make out penalty for
and deliver to the Auditor a statement of personal property, as make ^oath^ or
provided herein, or shall refuse or neglect to make and sub- 1^^"'"^
scribe an oath as to the truth of such statement, or any partR. s. 2(>$^^^'
thereof, or in case of the sickness or absence of such person,
the Auditor shall proceed to ascertain, as near as may be, and
make up and return a statement of the personal property, and
the value thereof, with which such person shall be charged for
152 CIVIL CODE
A. D. 1902. " ■
v^-v-^^ taxation, according to the provisions of this Chapter; and to
enable such Auditor to make up such statement, he is author-
ized to examine any person or persons, under 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 shall 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 refusing or neglecting to list or swear,
or absent, or sick.
Penalty f or gec. 333. If any person shall fail to list the personal prop-
returns^ erty he is required by law to list in any one year, and the same
G. s. 21 s; escapes taxation for that year, the value thereof shall be
R. S. 2 6 6; J^ -^ '
1882, X V 1 1., 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.
Persons be- gcc. 334. Any pcrsou, company, or corporation, commencing
ness after ist any business in any County of this State after the first day of
— — ^ — January in any year, the capital or personal property employed
R. s. 267; ih. in which shall not have been previously listed for taxation in
said County for such year, shall, within thirty days after com-
mencing such business, report to the Auditor of the County,
under oath, the average amount of the capital intended to be
employed in such business, from the time of its commence-
ment 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 com-
plied 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 commence-
ment of the business to the ensuing first day of January bears
to one vear.
OF SOUTH CAROLINA.
Sec. 335. It shall be the duty of each County Auditor to
ascertain the names of all persons commencing any business p ° i* * \ ^'^
in his County after the first day of January, annually, whose ^°^s^ "^'^^ J"^
capital or property employed in such business was not listed persons.
for taxation in his County for the then current fiscal year. ^^g. s. ^-17;
Sec. 336. If any person, company, or corporation, shall com- p^^^j^
mence any business in any County of this State after the first — ^ — ^ — j^_
day of January in any year, the capital or property employed R- s. 269; ib.
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
the 334th Section of this Chapter, he or they shall forfeit and
pay the sum of one hundred dollars, which shall be collected,
by civil action, in the name of the County Commissioners, and
paid into the County treas-ury 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.
Sec. 337. All property shall be valued for taxation at its true er5°vaiued° ^'
value in money, which, in all cases not otherwise specially pro-~^^ g
vided for by law, shall be held to be as follows, to wit: for^gg^^- xVii'
personal property, the usual selling price on the usual terms ^°°^-
of similar property at administrators' or executors' 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 obtained 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 taxation.
Sec. 338. The following articles of personal property shall Personal prop
be valued for taxation as follows, to wit : Money, bank bills, ^'l^^. ^°^^l\
and other bills lawfully circulating as money, at the par value g^^gj^^op^P^y'
thereof; credits, at the amount payable on the face of the q ^ ~
contract, instrument, or account, unless the principal be ^- ^- ^^i ; ^^
payable at a future time without interest; then, at the
sum payable, less the lawful interest thereon, for any
CIVIL CODE
term of credit not exceeding one year; contracts for
the delivery 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, renewable 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 minerals 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, respec-
tively.
See Sec. 287, ante., as to assessment for iaxation of railroad property not
previously returned. Act of 1900, XXIII., 354.
ARTICLE XL
The County Auditor — Appointment. Tenure of Office,
AND General Powers and Duties.
Sec.
339. County Auditors, how ap-
pointed ; term of ofBce, &c.
340. Governor may suspend Audi-
tor in certain cases subject
to action of Senate ; proceed-
ings to be taljen in sucli
cases.
341. Salaries and other compensa-
tion of County Auditors.
342. When office to be kept open
to receive returns, and must
appoint conven-ent places
for receiving returns, and
give notice thereof.
343. Makes annual lists of persons
making returns, &c. ; form
and particulars of same.
344. Makes also lists of real estate
not previously listed ; struc-
tures newly built or de-
stroyed, &G.
345. Remarks of Auditor on re-
turns, as to value of prop-
erty ; penalty on property
not listed.
346 and 347. Returns of polls ;
duties of Auditors and
School Trustees relating to.
Sec.
348. To make out description of
each tract or lot of land
with value of same ; how in-
formation obtained ; Audi-
tor's authority, &c.
349. May enter and examine build-
ings to ascertain value.
350. Make list of property exempt.
351. Transmits to Comptroller Gen-
eral and County Commis-
sioners abstracts of prop-
erty ; when sent, and con-
tents.
352. The County duplicate lists ;
when made out ; form and
particulars of ; County
Treasurer's duplicate.
353. Comptroller General notifies
Auditor of rates for State
purposes.
354. Determines sums to be levied
on property according to
rates furnished by Comp-
troller General and other
authorities.
355. Rule of assessment as to frac-
tions in rates.
OF SOUTH CAROLINA.
155
A. D. 1902.
Sec.
356.
357.
358.
359.
360.
361.
362.
363.
364.
How taxes to be entered on
duplicate.
Auditor's duty as to real es-
tate omitted from duplicate
or not reported, or omitted
from return.
How Auditor proceeds when
return suspected to be evas-
ive, false or incomplete.
After investigation. Auditor
charges taxes and penalties
against defaulter.
How costs of investigation to
be paid.
What costs to be allowed.
Penalty to be added upon re-
fusal or neglect to list or
swear to return.
Construction of the five pre-
ceding Sections ; acts of Au-
ditor not reviewable by
Court.
Upon failure to make return,
taxes to be assessed on
property as charged for pre-
vious year, with penalty
added ; exceptions.
Sec.
365.
366.
367.
368.
369.
370.
371.
372.
373.
374.
Further time allowed where
failure to return was by
reason of sickness or ab-
sence.
How corrections of errors in
assessments may be made ;
and Auditor to keep record
of sales and conveyances of
real estate ; form ; fee.
Abstracts of duplicates to be
sent to Comptroller General
annually ; what to con-
tain, &c.
Auditor must answer in writ-
ing Comptroller General's
inquiries.
Auditor may administer oaths.
Comptroller-General furnishes
forms and extends instruc-
tions to Auditors.
"Visits offices and examines
books, &c., of Auditors and
Treasurers annually.
Dispensers' returns to Audi-
tor to be preserved.
Auditor to keep "Abatement
Book."
Auditor to permit municipal
officers to examine his books.
Section 339. The Governor is authorized, by and with the ad-
vice 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 require such bond from said officer as he may deem
necessary. Before entering on the duties of his office, the
Auditor so appointed must take the oath prescribed by the Con-
stitution, and also the oath in respect to dueling.
Sec. 340. When any County Auditor shall, during a recess
of the Senate, be shown, by evidence satisfactory to the Gover-
nor, 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 sus-
pend such officer, and designate some suitable person to per-
form, temporarily, the duties of such office until the next meet-
ing 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 appointed 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
County Audi-
tors, how ap-
pointed, term
of office, &c.
G. S. 221;
R. S. 272;
1882, XVII.,
1007, § 206;
1897, XXII.,
439-
For what
causes and
how suspended
and removed
from office.
G. S. 222;
R. S. 273; lb.
CIVIL CODE
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 the 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 another person to such office. But if the Senate shall
refuse to concur in such suspension, 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 perform-
ing the duties thereof, and not to the officer so suspended:
Provided, however, 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 suspen-
sion to the Senate as above provided, to revoke such suspension
and reinstate such officer in the performance of the duties of
his office.
Salaries of gee. 341. The County Auditors of the several Counties shall
C_ o u n t-y Au- -^
^^s^ receive from the State Treasurer the following annual salaries,
^^^^'oo^^H-' to wit : The Auditor of Charleston County, two thousand dol-
244 ; looo, 10., "^
5^3; ^1887,^^, lars; the Auditors of Richland, Berkeley and Spartanburg,
508; lb; s^9,Q2i.c\\, eight hundred dollars; the Auditors of Aiken, Anderson,
5 9 5 ; 1 8 9 3, ' i^ ' ' '
XXL, 674; /b.. Edgefield, Barnwell, Beaufort, Orangeburg, Sumter and York,
682; 1894, lb., o ' ' ' o o'
^o^l' ^.^-TT'cach, seven hundred dollars; the Auditors of Abbeville, Green-
1896, XXII.,' '
254,302; 1897. wood, Bamberg, Darlington, Marion, Florence, Chester, Colle-
Ih., 584, 591, ' O' o '
602, 609; 1898, ton, Fairfield, Greenville, Laurens and Newberry, each, six
lb., 873, 900; ' jj '
1900, xxiiL, hundred dollars ; the Auditors of Chesterfield, Clarendon, Dor-
300, 303. As
to Lexing t o n Chester, Georgetown, Hampton, Horry, Kershaw, Lancaster,
County: 1894, ' ° ' r ' J'
XXI., I I I 8; Lexington, Marlboro, Oconee, Pickens, Saluda, Union and
and as to Berk- & ' ' ' ' , a j • r
eiev, see 1898, WilHamsburg, each, five hundred dollars ; and the Auditor of
Cherokee, four hundred dollars ; and in addition to these sal-
aries paid them by the State, the said Auditors shall receive,
from^ the funds of their respective Counties, additional salaries
as follows : the Auditors of Charleston and Spartanburg
Counties, each, seven hundred dollars ; the Auditor of Richland
County, eight hundred dollars ; the Auditors of Georgetown,
Williamsburg, Sumter, Beaufort, York and Colleton, each, five
hundred dollars ; the Auditors of Aiken, Anderson, Barnwell,
Chester. Edgefield, Fairfield, Greenville, Hampton, Laurens
and Newberry, each, four hundred dollars ; the Auditors of
OF SOUTH CAROLINA. 157
A. D. 1902.
Abbeville, Clarendon, Dorchester, Florence, Greenwood, Horry, v«.»-v-*^
Kershaw, Lancaster, Marlboro, Oconee, Orangeburg, Saluda
and Union Counties, each, three hundred dollars ; the Auditors
of Darlington and Marion Counties, each, two hundred dollars ;
and the Auditors of Chesterfield, Berkeley, Lexington, Bam-
berg and Cherokee, each, one hundred dollars. And the
County Board of Commissioners of the several Counties shall, ^
upon the application of the County Auditors, draw their checks
upon the County Treasurer for the several amounts to which
the Auditors may be entitled from the funds of their respective
Counties, as hereinbefore provided, and the County Treasurers
shall pay the said checks from the first collection of County
funds of the current fiscal year : Provided, That no member
of the County Board of Commissioners shall act as Assistant
Assessor in the County of Charleston.
The compensation paid the County Auditor is an additional salary to be appor-
tioned according to time served — Finley v. Laurens Co., 58 S. C, 273; 36 S. E., 588.
Sec. 342. It shall be the duty of the County Auditor to re- when office
, 1,1 . 1 , ^ . , . to be kept open
ceive the returns and make the assessments provided tor m this to receive re-
Chapter within the times prescribed by law, and for this pur '■ —
pose his office shall be kept open to receive the returns of tax- 2 2 6; k. s!
payers from January ist to February 20th in each year. xvii., 1008, §
He shall, for the purpose of assessing taxes, attend at a con- "
venient point* in each Township or tax district as many days as convenient
may be necessary, and for the remainder of the time allowed by ceiving returns
law he shall be and remain at the County seat. He, or his tice thereof,
assistants, must give thirty days' public notice of the days upon ib., 1009, §
which he will be at the places designated.
Sec. 343. Each Auditor shall, on or before the first day of Make annual
March, annually, make out, in tabular form and alphabetical making returns
order, a list of the names of the several persons, companies and personal prop-
corporations in whose names any personal or real property shall— ^-^
have been listed, giving the first Christian name of the several r. s. 277; ib.
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 incor-
porated 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.
CIVIL CODE
If the name of the owner of any tract or lot shall be un-
known, the word "unknown" shall be entered in the column of
names opposite said tract or lot.
Gilliland v. Citadel Square Baptist Church, 33 S. C, 164; 11 S. E., 684.
lisfs^^'of ^ ila° 'S^^- 2^^- The Auditor shall annually, at the time of taking
vious^i " H'=tof' ^^^^ ^^^^ °^ personal property, also take a list of all real property
structures new- iji ^j^g Couutv subicct to taxation whicli shall not have been
ly built or de- - -^
stroyed, &c. previously listed; and of all new structures not previously
R^ 2%.^!^' listed, and of all old structures which were destroyed during
the previous year; and shall affix a value thereto, with a de-
scription of the land of 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 Audi-
tor 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.
Au^dlSf on r°e^ ^ec. 345. It shall be the duty of the Auditor to state, in the
vaiue^of prop°'^o^^™^ of remarks opposite each taxpayer's Aame, in the
o^^propfrty no't i"eturn made by him, any amount which he believes ought to be
^^^^^^- added to the valuation of the property listed by such taxpayer,
R *^s 2^Q-^ lb' ^^^ agent, or other person. But he shall not increase the return
loio, § 214. ^g i^ade by any taxpayer, or his or her agent, except by author-
ity 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
taxation, adding fifty per cent, to the value as returned as
penalty.
Auditor has no authority to increase the assessment where it has been fixed
by the Board of Assessors and Board of Equalization, even if ordered to do so
by the Comptroller General. — State v. Cromer, 35 S. C, 213; 14 S. E., 493; State
V. Boyd, 35 S. C, 233; 14 S. E., 496; State v. Covington, 35 S. C, 245; 14 S.
Auditor t o E., 499.
state School
District of tax- gcc. 346. It shall be the duty of each Auditor to state, in a
payer. ' '
G s 229a- separate column, the school district in which the taxpayer re-
^- ^v 2^°: sides.
1890, XX., 718.
OF SOUTH CAROLINA.
Sec. 347. The County Auditor, when he has completed the
tax duphcates, shall report to the County Superintendent 01^^^^"^'^°/ [°
Education, by school districts, the names listed for poll tax and f^^'^'^^^^ n'^t'Ti
the amount of taxable property when there is a special levy. fa,t'^'^|c°'^ ^°^^
Sec. 348. 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 g|ch"^tra(?t or
and pertinent description of each tract and lot of real prop- ^°^^^ °vaiue^"of
erty in his County. When he shall deem it necessary to obtain fon^ati^"'^^!
an accurate description of any separate tract or lot in his tamed j^^^Audi-
County, he may require the owner or occupier thereof to furnish ^
the same, with any title papers he may have in his possession; j^'^-g^- ,^g2°:
and if such owner or occiipier, upon demand made for the same, ^^Sz, x y 1 1.,
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 boun-
daries 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 entitled to the same.
Sec. 349. For the purpose of enabling the Auditor to deter- ^ ^Y examfne
mine the value of buildings and other improvements, he is l^^l^l^^-^Ji^^^'
authorized to enter and fully examine all buildings and struc- ^ ^ ~^.
tures (except dwellings), of whatever kind, which are not ^^i^" "^^' ■^^"
by law expressly exempted from taxation.
Sec. 350. The Auditor, at the time of making the assess- pM^^^es^iist^of
ments of other real estate for taxation, shall enter, in a separate ^'"p^-
list, pertinent descriptions of the real estate exempt from tax-j^^ fis-^ib'
ation by law, with the valuation thereof, made by himself, de-§^'7.
termined by the rules prescribed by law, and designating the
owner of each several parcel.
See Sec. 343. Ante, provision where owner is unknown. When tax
books shall be
Sec. 351. The Auditor shall, on or before the thirtieth day^£l^p___
of June, in each year, make up and complete the tax books of ^^-g^- /^^l
his County, as required in the following Section ; and shall, ^gl^''^'^ ^ ■"■ ^■'
on or before that day, make out and transmit to the transmits to
Comptroller General and the County Commissioners, an 3.h- ^°^pI\°^^^^
stract of the property of each district in his County, in which ^^9^g^^ygj.g9°^'^;
he shall set forth : ^^""l"^^ °* p^°p-
erty; when
I. The number of acres, exclusive of town lots, returned by ^|^*g ^^^ ^°^'
lb., I o I 1 ;
1885; XIX.,
164, § 4.
i6o CIVIL CODE
A. D. 1902.
'' » ^ said Auditor, with such additions as shall have been made
thereto.
2. The aggregate value of such real property, other than
town lots, as returned by said Auditor, inclusive of such ad-
ditions as shall have been made thereto under 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, in-
clusive of such additions as shall have been made thereto.
4. The various kinds and descriptions of personal property
returned for taxation.
Sec. 352. The Auditor shall make out, in a book to be pre-
Dup^fcat^°Hs'ts^ P^''^*^ fo^ ^^^^ purpose, in such manner as the Comptroller
out^-'^form^nd General shall prescribe, a complete list or schedule of all tax-
Coun t"'^Tre°al- ^^^^ property in his County, and the value thereof as equalized,
catl'^ '^ " P ' '■ so arranged as that each separate parcel of real property in each
Q g — ^district, other than city, village and town property, shall be
§^2i^'- ^^/i sV contained in a line or lines opposite the names of the owners,
XIV., 164. arranged m 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, arranged 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 name 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 schedule shall be retained in
his office, and another made for the County Treasurer, and
delivered to him on or before the thirtieth day of September,
annually, as his warrant for the collection of the taxes, assess-
ments and penalties charged thereon, each and both of which
lists shall be denominated the County Duplicate.
Sec. 353. The Comptroller General shall annually give due
Comptroi I e r noticc to cach County Auditor of the rates per centum author-
?rdf t"o°r^of ized by law to be levied for the various State purposes, which
pu'^poseJ. ^*^*^ rates, or per centum, shall be levied by the County Auditor
G. s. 260; on the taxable property of the County, and charged on the
fozf, §244-^^" duplicate with the taxes required to be levied and collected for
other purposes.
Sec. 354. Each County Auditor, after receiving from the
Comptroller General, and from such other officers and authori-
ties as shall be legally empowered to determine the rate or
OF SOUTH CAROUNA. i6i
A. D. 1902.
amount of taxes to be levied for the various purposes author- >>-»-v"-^-^
ized by law, statements of the rates and sums to be levied for ,.5°^f^*y f ""
J ' ditor to deter-
the current year, shall forthwith proceed to determine the sums "g^^ig^®;"™ ^n
to be levied upon each tract and lot of real property, and upon Pj.^'^g*;^ i s o f
the amount of personal property, moneys, and credits listed — - — ^ — ^ — ;
in his County, in the name of each person, company, or cor-R- s^^|7'.
poration, which shall be assessed equally on all real and per- ^°^^-
sonal 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 oi
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.
Sec. 355. The County Auditors shall not be required to
assess on the taxable property of their Counties, or of any town, ta^tfon not to
city or incorporated village, or school district therein, for any ^^^J^ "han'^ a
purpose, nor for all purposes added together, any rate of tax- ^edma^^f^r a c-
ation containing or resulting in any fraction other than a deci- i^^s than half
° => -' a mill.
mal fraction, nor in any fraction less than one-half of a mill ; —' — ^ — j-^
but if the sum required to be raised for any or all purposes R- s. 288; ib.,
results in a fraction less than one-half of a mill, such fraction
shall be dropped.
Sec. 356. The County Auditor shall enter the taxes on the
duplicate, to be retained in his own office, in such number of ^^^^? *° ^^
ir ' ' ^ entered on a
columns as the Comptroller General shall, from time to time, duplicate.
direct ; but on the duplicate for the County Treasurer he shall ^ ^ ^0 P7u'
enter the taxes against each parcel of real and personal prop-
erty, 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.
Sec. 357. If the County Auditor shall at any time discover
that any real estate, or new structure, duly returned and ap- , what to be
-^ _ -^ ^ done with real
praised for taxation, has been omitted from the duplicate, hef^*^^*^. reguiar-
^ ' ^ ' \y retu r n e d,
shall immediately charge the same on the duplicate, with the^"*^ omitted
J <^ c y from duplicate.
taxes of the current year, and the simple taxes of each pre- — — — ^ ~
ceding year the same may have escaped taxation. And if the ^gg^S^^9 o;
owner of any real estate, or new structure thereon, subject to i°^--
taxation, has not reported the same for taxation, according to
the requirements of this Chapter, and the same has not been
II.— C
i62 . CIVIL CODE
A. D. 1902.
^-^"v""*-^ appraised for taxation, tiie Auditor shall, upon discovery there-
of, appraise the same, and, upon making return of such ap-
praisement, shall charge the same upon the duplicate, with the
taxes of the then current year, and the taxes of each preceding
year it may have escaped taxation, with twenty per cent, pen-
alty upon such taxes of preceding years. And 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.
do^^fn*°case ^60. 358. If the Couuty Auditor shall suspect, or be in-
faiseTet°tfT n"^ formed, that any person or persons, corporation or company,
examined ^ ^^ ^^^ cvadcd making a return, or made a false return of his,
G s 230- R ^^^' '^^ their personal property for taxation, or have or has
s. 291 ; lb., YiQt made a full return, or that the valuation returned is less
1013.
than it should have been, according to the rules prescribed by
this Chapter, it shall be his duty, at any time before the settle-
ment 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 wit-
ness called, shall be examined by said Auditor, under oath
(which oath said Auditor is authorized to administer), touch-
ing 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.
The Auditor's jurisdiction is special, and the fact giving it must affirmatively
appear, cannot be presumed. — State v. Cromer, 35 S. C, 213; 14 S. E., 493. It
does not extend to cases regularly passed upon and determined by the tax boards. —
State V. Cromer, 35 S. C, 213; 14 S. E., 493; State v. Covington, 35 S. C, 245;
14 S. E., 499. He has no authority to increase valuation of property where return
is not intentionally false. — State v. Boyd, 35 S. C, 233; 14 S. E., 496. And in
no event to make such increase without notice to taxpayer, and proper inquiry
and testimony as to true value. — lb. If he increase the assessment fixed by the
tax boards he may be compelled by mandamus to restore it to the amount so fixed. —
State V. Cromer, 33 S. C, 213; 14 S. E., 493; State v. Covington, 35 S. C, 245;
14 S. E., 499.
Pen a 1 1 y in ggc. 358. The County Auditor, when he shall deem it neces-
case It appear -^ '
^^^1'^ return^has sary, may adjourn the examination provided for in the pre-
^a^sified. ceding Section, from time to time ; and if he shall find that the
^G.s.^24i^R. party has failed to make any return for taxation, or inten-
XVII., '1014. '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 bv the
OF SOUTH CAROLINA. 163
i: A. D. 1902.
party, and add fifty per cent, thereto as penalty, and charge the -— ^v^^-'
same, with said penalty, against the party on the duplicate, with
the taxes of the current year, and the taxes of , each preceding
year it may have escaped taxation, with twenty per cent, and
penalties upon such taxes of preceding 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 return, and charge the party with the simple taxes
thereon.
"Unintentional mistake" does not mean error of judgment; does not apply
where property is returned and passed by the tax boards at a valuation less than
others might estimate it. — State v. Boyd, 35 S. C, 233; 14 S. E., 496.
Sec. 360. If, upon the examination provided for in the 358th of exMi'ination
Section, the return made to or by the Auditor shall be found L^-
to be correct, the expenses of the examination shall be paid s. '293 f'^/k
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 ex-
penses 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 uintentionally erroneous, said Auditor shall
pay the witnesses' fees and costs of serving the notice out of
the County treasury, charge the same on duplicate to the party,
and the same shall be collected and paid into the County treas-
ury, as aforesaid.
Sec. 361. The expenses to be allowed upon the examination what expen-
provided for by the 358th Section of this Chapter shall be, for lowed.
serving the notice or notices, the fees allowed to Sheriffs and g. s. 243; r.
Constables for serving a summons; and to witnesses, the same ' ^^'*'
fees to witnesses in suits before a Magistrate's Court.
See. 362. Each County Auditor shall add to the value of all fifty p^er <?ent.
personal property which the owner or other person whose duty when perso n s
it is made to list the same shall have refused or neglected to list, lect to list or
or to the value of which such person shall have refused or neg- turnT^^*^
lected to swear, fifty per centum on the value, and charge the g. s. 244; r.
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. ^t^of^oulc-
Sec. 363. The assessment of property for taxation shall be ^^°^-
deemed and held to be a step in the collection of taxes and the „ ^^^2, xxi.,
CIVIL CODE
last five preceding sections shall be construed to mean as giv-
of "^^Uons^'of ing full and complete power to the County Auditor, independ-
!^!fr-:___ ent of any right conferred upon County Boards of Assessors or
R. s. 296. Qii^QY officers, as to securing a full and complete return of prop-
erty for taxation in all cases as expressed in said Sections,
whether fraudulently or otherwise improperly or incompletely
made.
chTo r not'1-e- The actiou of said Auditor under said sections shall not
Courtf.''^^ ^^'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 pa}' his tax on such return
under protest.
As to payment under protest, see Sec. 413, post.
done'when°tax- Scc. 364. Whenever an}- tax-payer shall fail to make re-
mak^e'' return.*^" turns to the Auditor of his County within the time prescribed
G. s. 24s : R. by law, it shall be the duty of the County Auditor to enter on
xvn.f'ioTs^^'the tax duplicate, against such tax-payer, the property charged
to him the previous year, with fifty per cent, penalty added
thereto, except in cases of sickness or absence from the County,
when the true amount of property only shall be charged,
caused^by^'lick^ Scc. 365. If any person required to list property for taxation
"e^nce. ""^ ^'^' shall havc been prevented by sickness or absence from giving
G. s. 246; R. to the Auditor the statement or return for taxation required,
s. 298; lb. g^i^i^ person or his agent may, at any time prior to the tenth day
of September of the year of the assessment, make out and de-
liver to the County Auditor 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 ab-
sence was not for the purpose of avoiding the listing of his
property. The Auditor shall receive the return made by the
absent person, and charge such party with taxes on the dupli-
cate according to the return so made to him.
are °made ^and Scc. 366. Each County Auditor shall correct annually the
_!£l_!f^Zff!l_ valuation of any parcel or lot of real property on which any
s. '29 g'^Vnd structures may have been constructed, or on which any struc-
^°°' ' ture may have been destroyed, according to the return thereof,
made in accordance with the provisions hereof, and assess the
tax upon such corrected valuation. Said Auditor 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 anv return made to his office. He shall also correct anv
OF SOUTH CAROLINA. 165
A. D. 1902.
errors in his duplicate when ordered by the Comptroller Gen- "— — y-*-'
eral, but he shall not reduce any assessment of personal prop-
erty 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 order of the Comptroller Gen-
eral, which written order shall only be made by the Comptrol-
ler General upon a statement of facts submitted to him in writ-
ing; and when any personal or real property has been listed, re-
turned, or entered for taxation in a wrong locality, the County
Auditor shall correct the return or entry, and charge such prop-
erty 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 any assessment or tax, the Auditor may furnish the Treas-
urer with a certificate of such reduction : And provided fur-
ther, That each County Auditor shall keep a record of all sales
or conveyances of real property 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 annu-
ally; and, for the purpose of carrying out this provision, the
Clerks of Courts and Registers of Mesne 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 offices of said Clerks of Courts
or Registers of Mesne Conveyances ; and the said County Au-
ditor shall be entitled to collect a fee of twenty-five cents, for
his own use, for making such entry and endorsement.
Sec. 367. Each County Auditor shall, annually, on or before th^^upfi^ a °e
September the thirtieth, make out and transmit, by mail, to the ["ya'jfy ^^^o*^ \^l
Comptroller General, a complete abstract of the duplicate of Ge°^?ai.° ^ ^ ^ "^
his County, which shall state the aggregate value of taxable q g ,^3. r"
property, and the total amount of taxes assessed thereon forxVif.^' lofl-
that year; and he shall, at the same time, also make out andjg^j^^' ■^^^'
transmit to the Comptroller General an abstract of the number
and value of each of the enumerated articles of personal prop-
erty, 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 ab-
stracts shall be made out in such form and contain such details
as the Comptroller General may prescribe.
i66 CIVIL CODE
A. D. 1902.
^— -v-^-^ Sec. 368. Each County Auditor shall answer in writing all
County Au- inquiries propounded to him by the Comptroller General touch-
s\TCr in writ- j^g the couditiou and value of the real estate of his County, and
~G s 2 o- r' changes made in the valuation thereof in the different towns,
s. 302: 1882, yijia^prgs cities, wards and other districts; also, as to the valu-
XVII., 1017. & ' ' ' '
ations 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 General may deem of
interest to the public, or of value to him in the discharge of
his duties as Comptroller General.
Sec. 369. Each County Auditor is hereby authorized to ad-
adm"i^n i s Te r ™^^^^^^^ ^^^ oatlis ucccssary to be taken by any one in the as-
^f^: sessment and return of property for taxation, or necessary in
s^'soi-^/b' ^' ^^^ performance of any duty enjoined upon County Auditors by
law.
Sec. 370. The Comptroller General shall, from time to time,
GenTr'aTfur- P^^P^^c and transmit to the several County Auditors all such
a n^d^ ext'ends fomis and instructions as he may deem necessary to carry into
Auditors""^ ^° effect the provisions of this Chapter, and shall decide all ques-
Q g 261- R tions which may arise as to the true construction thereof, or in
s. 3 04 ; lb., relation to the duty of any officer under the same ; and the
1023, § 245. -^ J '
forms thus transmitted shall be observed and used by all
County, town and municipal officers. • The instructions thus
given shall be obeyed by, and the decisions thus made shall be
binding upon, all County, town and municipal officers.
The order of Comptroller General to Auditor to increase the assessment of
property is without authority. — State v. Cromer, 35 S. C, 213; 14 S. E., 493.
Sec. 371. He shall, as often as once a year, either in person
and'exam°ine^sOr by somc authorizcd agcut of his office, examine all the books,
Auditors "^a n°d papers and accounts pertaining to the office of the Auditors and
nuafiy!'^^'^^ ^'^' the Trcasurcrs of the respective Counties, with a view of pro-
"gTs! 224; R.tecting the interests of the State, and rendering the said officers
1008^, V209. ''such aid or instruction as, in the discharge of their several
duties, they may need to make their service the more efficient.
Sec. 372. All original tax returns made to the County Au-
Audkorf \ n d ditors of this State, and all Dispensers' request books, shall be
q u eTtY to b^e prcscrvcd in their respective offices as public records for a
year"^^ ^^ period of five years from the date of such returns.
1898, XXII., After any original tax returns have been in the office of the
^'^^' County Auditor for a period of five years, or any Dispenser's
request books, the same may be destroyed or otherwise disposed
OF SOUTH CAROLINA. 167
A. D. 1902.
of by the Auditor should it be inconvenient to preserve
same in his office, and after such destruction the Auditor's j^'^^^^^^^^^^
books shall be primary evidence to the contents of said original l^e^years^ ^ ^ ^
returns. J^
Sec. 373. 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 ^it^rs^to keep
"Abatement Book" (to be furnished to him by the Comptroller I'J^^'Abatement
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 ~^^ xxiii
appropriate columns, the number of the page and the number 307.
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 en-
tered, 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.
The abatements allowed in annual settlements between
County Auditor and Treasurer shall be according to the record annuai>° setti"
in said abatement book. "^^"*'
Sec. 374. After the County Auditor has completed his as-
sessment it shall be his duty to permit any person authorized to ^i^'f^o permU
assess or collect municipal taxes for any town or city to inspect splcted- when!
and use his books, without charge, for the purpose of taking ^g^g^ xxii.,
therefrom the assessed valuation of property within the limits ^^' ^ ^•
of said city or town.
CIVIL CODE
ARTICLE XII.
Boards of Assessors and Equalization.
Sec.
375
how consti-
Tax Districts,
tuted.
376. Boards of Assessors ana
Equalization ; how appoint-
ed ; duties.
Duties devolved on Township
Commissioners in certain
Counties.
Compensation of Township
Commissioners acting as
Assessors.
Duty of County Auditor and
Township Assessors to seeli
for property not returned
for taxation.
Annual meeting of Township
Assessors ; duties.
381. Annual meeting of County
Board of Equalization.
382. Valuations by Boards to be
adopted by County Auditor.
377.
378.
379.
380.
Sec.
383. Special Boards of Assessors
for towns and cities.
384. Special Boards of Equaliza-
tion for city of Charleston.
385. Special Board of Assessors
and Equalization for City of
Columbia.
386. Auditor to conform duplicate
to valuations by Boards.
387. Assessments for all purposes
uniform.
388. State Board of Equalization ;
how constituted.
389. Time of meeting and proceed-
ings of State Board.
390. Compensation of members of
State Board.
391. Result of State Board's delib-
erations to be transmitted
to Auditors.
Tax Districts.
G.
1882,
98.
Section 375. In Counties in which Townships have been laid
XVIII ' ^^^' ^^^^ township shall be a tax district.
In any County in which townships have not been laid out, the
County Auditor shall divide his County into as many tax dis-
tricts 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 ( i ) 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 for-
merly 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. Phillip, shall, severally, be tax districts of said County.
This Board of Assessors has quasi judicial authority, and when its action as to
assessments is concurred in by the County Board of Equalization it is res adjudi-
cata and final and conclusive, except in case of mistake or fraud. — State v. Cromer,
35 S. C, 213; 14 S. E., 493; State v. Covington, 35 S. C, 245; 14 S. E., 499.
The assess- gee. 376. Except in the Counties of Bambers", Barnwell,
ment of prop- '^ o' '
tion ^°^ *^''^' Beaufort, Charleston, Cherokee, Chester, Kershaw and Hamp-
~^ — xxiiF ^°"' ^^^ duties relative to the valuation, assessment and
28^- i^oi' n>'' ""^^^^^ of property for taxation are hereby devolved
^71- upon Township Boards of Assessors, Special Boards of As-
sessors for cities and towns, as now provided by law, and the
OF SOUTH CAROLINA.
County Board of Equalization, which said Township and Spe-
cial 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 successors 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;
and in Spartanburg County, they shall be appointed by the
County Board of Commissioners. The members of each of said
Boards shall receive as compensation for the performance of
their duties two dollars per day, for not exceeding five days in
any year, except when real estate is assessed, and then not ex-
ceeding ten days in any said year ; except in the County of Flor-
ence, members of the County Board of Equalization shall also
receive five cents a mile one way in the most direct route to the
Court House : Provided, That in the County of Spartan-
burg the members of each of the said Boards shall re-
ceive, as compensation for their services, two dollars per day
for not exceeding ten days in any year, except when real estate
is assessed, and in such years not exceeding fifteen days, except
in Fairfield County where the number of days for each of said
Boards shall not exceed three, and the members of the Town-
ship Boards shall have no mileage : Provided, in the County of
Orangeburg, the County Auditor is hereby authorized and di-
rected to appoint three discreet freeholders in each Township
in said County, on or before the first day of March of each
year, who shall constitute the Township Board of Assessors
for the assessment and equalization of all taxable property in
their respective Townships ; and the said Board of Township
Assessors shall elect one of the members as Chairman, and the
Chairman of the respective Township Boards shall constitute
the Township Board of Equalization, who shall meet at the
call of the Auditor to equalize the taxable property of the
County ; and the said County Board of Equalization shall elect
one of their number as Chairman of the County Board, and
said Chairman shall be a member of the State Board of Equal-
ization for said County. Each member of the Township Boards
of Assessors shall receive one dollar for one day in each year
and mileage, to paid as other claims against the County, and
Town ship
Boards of As-
sessors, &c.
Special pro-
visions Horry,
Newberry,
Pickens and
Spartanburg.
Compensation.
Special pro-
visions Flor-
ence.
Spartanburg.
Orangeburg.
CIVIL CODE
the members of the County Board of Equalization shall receive
each one dollar for one day in each year, and also mileage.
Township ggg 377_ In the Counties of Bamberg, Barnwell, Beaufort,
Commissioners o' ' '
— -~'Z Charleston, Cherokee, Chester, Kershaw and Hampton the
G. b., 253; 7 3 J r
is ^'xxni ' duties of the Township Boards of Assessors are devolved upon
lb'' 280' i^oi'^^^ Township Boards of Commissioners, who upon taking the
666; lb. Q^th 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 taxation. The Chairmen of
the Township Boards of Commissioners shall be ex officio
members of the County Boards of Equalization in said
Counties.
Compensation Scc. 378. Each member of the Township Board of Com-
°^55gs?o°rI."^^'^™issioners shall receive for his services in performing the duties
1S97, XXII., devolved upon him by Section 377 two dollars for each day
468, § 7- actually employed, not exceeding three days : Provided, That
in those townships or tax districts in which is situated an incor-
porated 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
number of days actually employed, and by the certificate of the
County Auditor to the effect that such member has fully per-
formed all the duties required by this Article, and the Chairmen
Compensation of Said Township Boards of Commissioners when acting as
B^oa^rd""o^niembers of the County Board of Equalization shall receive
Equalization. ^^ compensation for their services three dollars per day for
R. %. '3 f o^-each day actually employed in performing such duties, and one
10^20.^' ■^'^^^■' mileage at five cents per mile each way for travel actually
performed, to be paid by the County Treasurer upon the warrant
of the County Board of Commissioners on the certificate of the
County Auditor.
Sec. 379. It shall be the duty of the County Auditor and
the Township Board of Assessors, on or before the first Tues-
dav of March in each vear, to diligently seek for and discover
OF SOUTH CAROLINA.
all property, both real and personal, in his County subject to
taxation and not previously returned or listed with him; and it coiStV Audi^
shall be his duty to list the same for taxation, giving the ^^-p^'^gg'^j^Q^g
valuation thereof, with the name of the owner or person tOp°op|^^y ^°J^
whom it is taxable. lUZfot ^°'
It shall be the duty of the County Auditor, on or before J897, xxii.,
the first Tuesday of March in each year, to lay before the '^^^' ^ ^■
Township Boards of Assessors and the special Boards of ito^°t(^Yay'be-
Assessors the returns of all property, both real and personal, ^Jg^ggjQ°g'"^J|gp
made to him, together with a list of all property, both real and dfscoverecf Ty
personal, which he can discover has not been previously re- {'u^ne^l. ^°^ ^^
turned or listed for taxation, as required by law, stating in J^ ^_
the columns of remarks upon each return and list what he
believes ought to be the valuation of the property returned or
listed.
Sec. 380. The Township Boards of Assessors and Special >''o?T'Swn-
Board of Assessors shall meet annually, on the first Tuesday Qj^^f5g[o^g°f
in March, or as soon thereafter as practicable, at some con-^^^ie^^^"^"'^^'
venient place or places for the purpose of performing the jgg^^ xxii.,
duties devolved upon them. It shall be their duty to carefully I ^^g „ ^^ ^ f*
consider the returns and lists laid before them by the County l\°]' ^^™-
Auditor, and if necessary to compare the same with the tax re-
turns 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 re-
turned 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 thereupon be their further duty
to fairly and impartially assess the value of all property, 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 in-
tentionally or unintentionally false, or whether the property
whose value is so raised was intentionally 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 ; but they shall not reduce the aggregate value of real
and personal property below the aggregate value thereof as re-
172 CIVIL CODE
A. D. 1902.
^ » ' turned 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: Pro-
wi^n^^asllsted' "^'^ded, however. That real estate shall be valued and as-
sessed 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 dis-
cover have not previously been returned or assessed for taxa-
tion. Whenever 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 County Auditor on or before the fourth Mon-
day m March, of the year in which the valuation and assess-
ment is made to give to the owners or agent of such property
written notice thereof which notice may be served upon such
owner or liis 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 valuation and as-
sessment shall have the right of appeal to the County Board of
Commissioners sitting on the County Board of Equalization,
which appeal shall be heard by said County Board. The ac-
count of the County Auditor for the necessary 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 interfering with the duty of the County Audi-
tor of adding fifty per cent, to the value of personal property as
a penalty as provided in Sections 345, 362, 364 and 357, nor
with the duties of the County Auditor prescribed in Section 358.
When County Scc. 381. The Couuty Boards of Equalization shall meet on
Boardsof -^ ^
Equaiiza t i o n t^g f ourth Tucsday in March in each vear, and at such other
shall meet. ■' . _ ^
times as the Chairman or a majority of the Board shall direct,
at the office of the County Auditor, who shall act as their
cleric.
Duty of xhe County Auditor shall thereupon lay before them the
County Boards -' r j
o/^E q u a liza- returns of property made to him and all property hsted by
-— — ^^him and by the board of Township Assessors and Special
466. §5- Boards of Assessors. Each member, having taken an
oath, before some officer duly qualified to administer the
OF SOUTH CAROLINA.
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 As-
sessors 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 Township Boards of Assessors and
Special Boards of Assessors and act upon the same. For the
purpose of performing their duties said Board shall also ob-
serve the following rules :
First. They shall raise the valuation of such tracts and g^.^^'^^^*^" f ""'j,.
lots of real property, or articles of personal property, as in Eq°uaiization° ^
their opinion have been returned or assessed below their j^^y ^^jgg ^]^^
valua t i o n of
property asses
ed too low.
true value to such price or sum as they may believe to be p^^pg^^y 3^,^53.
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 ^f^/^to^^n "^of
and lots of real property, and articles of personal property, P^°P^o*y|fg^h^'
as in their opinion have been returned or assessed above their
true value as compared with the average valuation of the
property 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 vaufe^not^to be
and personal property below the aggregate value thereof as g^te^tiul fix-
returned to the County Auditor. The Auditor shall keep an ^"^ ^^ Auditor.
accurate journal or record of the proceedings and orders of
said Board.
Any person whose property has been or may be assessed pe^i'^to Comp"
above its true value who cannot secure relief from said Board'™ ^^' ^'^*^'^^-
shall have the right to appeal to the Comptroller General, to
whom shall be forwarded all testimony relative to each alleged
grievance and who shall act thereupon.
The decision of the County Board can only be reviewed on this appeal. State
V. Cromer, 35 S. C, 213; 14 S. E., 493; State v. Covington, 35 S. C, 245; 14
S. E., 499.
_, . Valuations
Sec. oo2. ihe said returns and lists of taxable property, thus made to
with the valuations fixed as hereinbefore provided, shall there- Auditor,
upon be adopted by the County Auditor for the purposes of ib., § 6.
taxation for the ensuing year, and shall be permanently entered
of record by him upon the tax books of his County.
CIVIL CODE
Sec. 383. The Governor shall appoint, upon recommendation
eSors'^ °k o^w ^f the Senator and members of the House of Representatives
, ppointed in f j-qj^ ^j^g respective Counties, three discreet electors in each in-
;itiesana J^ '
°^""^- corporated city and town of this State having a population of not
lb., § 9- 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
whoni such Assessors shall have been appointed, and, until their
successors shall have been appointed and qualified. The duties
heretofore devolved upon the Township Board of Commis-
sioners 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.
cfEquahfa°tfou ^^^' ^^^- There shall be a Special Board for the equalization
Chariesto/ ° * °^ ^^^^ ^^^ personal property, moneys and credits in the city
'^ ^ 256^*^^ Charleston, to be composed of the County Auditor and six
^897 ^' xxiL, citizens of said city to be elected by the City Council of Char-
43°- leston and subject to removal by the said City Council, which
Board shall meet annually at the County Auditor's office on the
, first Tuesdav in March, and shall have power to equalize the
Powers of. ^ -^ -^ .
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 Equalization, but said Board shall not con-
tinue in session for more than two weeks in one year; and it
Duty of Co. shall be the duty of the County Auditor, and he is hereby re-
quired, on or before the twentieth day of March in each and
every year, to furnish to the municipal authorities, for the pur-
pose of municipal taxation, an abstract of the real and per-
sonal 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 requirement, the City Assessor of the city of Char-
leston, his deputies and clerks, shall attend and assist the
County Auditor in his office, and, under his direction, control
and supervision, between the first da}^ 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-
OF SOUTH CAROLINA.
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 as-
sessment of taxes for municipal purposes on or before the
t-^entieth day of March in each year.
Sec. 385. There shall be a Speciaf Board of Assessors for f<fr^^h? at°y o1
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 property in the city of Columbia and the duties,
powers and privileges of the said Board of Township As-
sessors for Columbia Township so far as they relate to the as-
sessment and valuation of property shall be confined to so much
of Columbia Township as lies outside of the limits of the city of
Columbia.
Sec. 386. The County Auditor shall add to, or deduct from, county Audi-
the value of real estate or personal property such per centum, or deduct from
.,, -1111 1 1- • valu a 1 1 o n of
m villages, towns, wards, blocks, or other districts, as may property, as di-
be ordered by the Board of Equalization of the city or County, Board,
as the case may be, on the duplicate, distributing the same g. S. 257-,
pro rata to each owner, and shall add to, or deduct from, theio2i.'
valuation of the real or personal property of individuals, com-
panies, or corporations, such sum or sums as may be ordered
by either of said Boards.
Auditor cannot add to the valuation of property of corporations where same has
been approved by the Board. — State v. Cromer, 35 S. C, 213; 14 S. E., 493; State
V. Covington, 35 S. C, 245; 14 S. E. 499.
_, . . , Unifoim as-
Sec. 387. Taxes for township, school, municipal and all other sessment.
purposes provided for or allowed by law shall be levied on 1S96, xxri.,
the same assessment, which shall be that made for State
taxes. ,, . . ,
Mtinicipal au-
All persons charged with the assessment or collection of thor ities to
^ _ _ -^ copy assess-
taxes for municipal purposes may copy from the County "i.ent^ from Au-
Auditor's books the assessment of valuation thereon found, ~:
7b.
and may use the same as the basis for the assessment of taxes
for municipal purposes : Provided, That nothing herein con-
tained shall prevent the municipal authorities from assessing
CIVIL CODE
and collecting taxes upon property not upon the Auditor's
book.
state Board Sec. 388. At the first meeting of said Board they shall elect
tiou; how con- one of their number who shall be a member of the State Board
^ ' " ^ ' — '- — of Equalization and who shall perform all the functions of
R. s. 3-i3-/ib.' said office as now provided by law. The member so elected
i°8'9'3, XX I.', must file with the Comptroller General a certificate of his elec-
■* ^' ^' tion on or before the meeting of the State Board.
The Comptroller-General shall submit the said certificates 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.
Time of meet- Sec. 389. The said Board shall meet at Columbia on the
ing and pro- ,^^,.-,, , ,.,,.- .
ceedings of second iucsdav m Julv, one tnousand eight hundred and
State Board. . ' ' . . ,
nmety-four, and on the same day m every fourth year there-
R. s. 314; h.', after. Each member shall take an oath or affirmation that he
188" XIX
164, §'3. ' ''will, to the best of his knowledge and ability, 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 ac-
cording 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 transmit-
ted 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 prop-
erty of every County Avhich they shall believe to be valued be-
low its true value in money such per centum in each case as will
raise the same to its true A-alue in money.
2d. They shall deduct from the aggregate valuation of the
real property of every County vvhich 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 believe that right and justice require the valua-
tion of the real property of an}- 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
OF SOUTH CAROLINA.
one or more of such towns, cities or villages, or of property
not in towns, cities or villages, such per centum as they be-
lieve will raise or reduce the same to its true value in money.
The Board shall keep a full account of their proceedings and
_,_j„_(. Compensation
uruers. ^^ members.
Sec. 390. Each member of the Board shall receive three
G. S. 259.
dollars per day for each day he shall be employed in perform- l^-^^-^^i 5 ;^/b.,
ing the duties enjoined upon him, and five cents per mile for '^^o, xx.,718.
traveling to, and the same for returning from, the seat of gov-
ernment, to be computed by the most usually traveled route,
and paid out of the State Treasury, on the warrant of the
Comptroller General. G^eTeV a / 1 1
Sec. 391. AVhen the State Board of Equalization shall have^J/Xir ddib*
completed their equalization of real property among the several ^^^^^^^^ ° ^^^^1°
Counties, the Comptroller General shall transmit to each^^lf;
County Auditor a statement of the per centum to be added ^*^g fig.^/t,;
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.
12. — C
CIVIL CODE
CHAPTER XV.
The Collection of Taxes.
Article i. The County Treasurer — appointment, tenure of
office, compensation, etc.
Article 2. Powers and duties of County Treasurer and gen-
eral provisions concerning the collection of
taxes
Article 3. Remedies and proceedings for relief of taxpayers.
Article 4. Enforced collection of delinquent taxes.
Article 5. Annual settlement of County Treasurers.
ARTICLE 1.
The County Treasurer — Appointment, Tenure of Office,
Compensation, &c.
Sec.
392. Appointment and qualifica-
tion ; bond.
39.3. Suspension and removal from
office.
Sec.
394. Treasurers of Charleston and
Berkeley Counties ; may ap-
point deputies ; duties and
compensation.
395. Commissions of County Treas-
urers.
County Trea- Scctioii 392. The Govemor is authorized, by and with the ad-
surers, how ap- . , . , _ . . i /—
pointed. vicc and conscut of the benate, to appoint for each County
1897, XXII., in the State a County Treasurer, who shall hold office for two
XII., 744. 'years and until his successor is appointed and qualifies. Be-
fore 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 require from said officer such bond as he may deem neces-
.„ J , sary, but the bond of the County Treasurer of Charleston
Bonds of. -^ -^
County shall not be less than fifty thousand dollars ; the bonds
1897, lb.,
440; 1897, 7&., of the County Treasurers of the Counties of Richland and
603; lb., 584. ■'
Beaufort, respectively, not less than thirty thousand dollars ;
the County Treasurers of Saluda County and of Dorchester
County, respectively, ten thousand dollars ; the County Treas-
urer of Horry County, twelve thousand dollars ; and the
County Treasurer of Berkeley County, twelve thousand dollars :
OF SOUTH CAROLINA.
the County Treasurer of Bamberg County fifteen thousand
dollars ; and the bonds of the County Treasurers of the other
Counties, respectively, not less than twenty thousand dollars.
Liability on bond. — Greenville Co. v. Runion, 9 S. C, i ; State v. Teague, 6
S. C, 149; State V. Baldwin, 14 S. C, 139; York County v. Watson, 15 S. C, 9;
Aiken Co. v. Murray, 35 S. C, 508; 14 S. E., 954.
Sec. 393. County Treasurers shall be subject to suspension Suspension
-' •' ^ a n d removal
and removal from office by the Governor, upon the same^"''"™ °^'^^-
grounds and in the same manner as prescribed in Section 340 j^^^^ ^■o.^?^'
in relation to County Auditors, and all the provisions of said § 207.
Section are hereby made applicable in cases of suspension and
removal of County Treasurers.
Sec. 394. The Treasurer of Charleston County may appoint chIriesto"and
one deputy and the Treasurer of Berkeley County three depu-^^'|^^^|^y boun-
ties, whose duty it shall be to assist in the collection of taxes ?°i?*^ '^^p,"^'^^:
' -' duties and com-
in said Counties, respectively. Each deputy shall receive as pensation.
compensation for his services the same commissions as are^^^^g f{g-^ib'
paid for collection of taxes to the County Treasurer, but ^^^]gg^^'xviii'
total amount paid to such deputy in any current year shall not 98. 223-
exceed 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. ^ Commissions
Sec. 395. The following shall be the commissions of the^l^J^^°^J^^^
County Treasurers upon all taxes collected in their respective "gg, xvii
Counties: Three per cent, upon the first ten thousand dollars ; ^vin ^qfo-
two per cent, upon the next ten thousand dollars; one per' ^^.S' ^g^|^-'
cent, upon the next ten thousand dollars; one-half of one per^g^^^-^^ j?^^'
cent, upon all amounts collected over thirty thousand dollars :1^^^'jj' ^^^.'
Provided, That same shall not exceed eight hundred dollars ^^l^, x x i .,
or be less than five hundred dollars per annum, except in the
County of Chesterfield, where the commissions shall not exceed
six hundred dollars, and except in the County of Charleston,
where the commission shall not exceed two thousand dollars.
For the clerical services in the office of the Treasurer of Char-
leston County, one thousand dollars : Provided, further, That
the Treasurers of Horry, Sumter, Fairfield, Newberry and 743^^^' ■^^^^••
Marion Counties, respectively, shall receive for the fiscal year
1897, and each year thereafter, as their compensation, the fol-
lowing commissions upon all taxes collected by them, to wit:
Four per cent, upon the first ten thousand dollars, three per
cent, upon the next ten thousand dollars, two per cent, upon
CIVIL CODE
A. D. 1Q02.
^— "^v^*-^ the next ten thousand dollars, and one per cent, upon all sums
collected over thirty thousand dollars : Provided, The same
shall not exceed the sum of one thousand dollars or be less than
seven hundred dollars per annum.
ersSn^s'artan- '^^^ Treasurer of Spartanburg County shall receive as his
burg County, compensation the following- commissions upon all taxes col-
1897, XXII., lected by him, to wit : Three per cent, upon the first ten
thousand dollars, two per cent, upon the next ten thousand
dollars, one per cent, upon all sums collected over thirty
thousand dollars : Provided, The same shall not exceed the
sum of fifteen hundred dollars or be less than one thousand
dollars per annum. Said commissions to be paid quarterly.
For salaries paid County Treasurers in lieu of commissions, in certain Counties.
See "Costs and Salaries of County Officers." Post.
ARTICLE II.
Powers and Duties of County Treasurer, and General
Provisions Concerning the Collection of Taxes.
Sec.
396. When office to be kept open.
397. Must attend at convenient
places to collect taxes, &c.
398. When tases payable ; receipts ;
pay certificates of jurors
and witnesses receivable for.
399. Apportionment when property
transferred after assessment
400. General cash account of
County Treasurer ; entries
therein. Accounts with
school districts ; entries
therein.
401. When and how money for-
warded to State Treasurer ;
receipts therefor ; duty in
respect to ; penalty.
402. Must report collections of
funds to County Board of
Commissioners and County
Superintendent of Educa-
tion.
Sec.
403. Monthly report to Comptrol-
ler-General.
404. Annual report to Superintend-
ent of Education.
405. Annual report to Court of
Sessions ; publication of.
406. Delinquent taxes : penalty ;
execution.
407. Mortgagee may pay tax and
include same in mortgage
debt.
408. Comptroller General may re-
mit penalty in certain cases.
409. Property liable to distress and
sale for delinquent taxes.
410. Treasurer may proceed by suit
as well as by distress war-
rant to collect chattel tax.
411. Delinquent chattel tax, how
enforced against property in
another County.
Section 396. The County Treasurer shall keep his office open
When office
tobekept
ope"- for the receipt of taxes during the times fixed from time to
1882, XVII., time by law.
1023, s 246. -'
OF SOUTH CAROLINA.
Sec. 397. The County Treasurers of the respective Counties
• ' r , • 1 r 1 1896, XXII.,
may attend at certain safe and convenient places for the pur- 61.
pose of collecting taxes. They shall give twenty days' public
notice of the days when they will be at the places designated :
Provided, That the provisions of this section shall not apply
to the Counties of Chester, Georgetown, Sumter and York.
Sec. 398. All taxes, except as herein excepted, shall be pay-nua^Uy- pay
able annually after their assessment, and the several County jurors and wit-
Treasurers shall collect the same in the manner required by for.
law, and give the receipts therefor to the several parties paying g. S. ^66;
the same, in which the real estate paid on shall be briefly de-1882, xvii.',
scribed, and the value of the personal property paid on shall ^°^^'
be stated together with the time such taxes may be payable.
The pay certificates of all jurors and State witnesses in the
Circuit Courts shall be received in payment of County taxes.
Sec. 399. When the title or an interest in real or personal ment of taxes
property, or any part thereof, shall have become trans f er red f erred after re-
t' ^ ^' ■> ^ ' ..turn, but be-
to or vested m anv person not the owner at the time said fore time of
'. . . r 1 • • ,, paymentof
property was assessed for taxation, before the expiration 01 the taxes.
period for the payment of taxes thereon, it shall be the duty g. s. 267;
of the County Auditor, upon the application of the person ac- 1024.'
quiring 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 assess-
ment by the party so applying, and thereupon it shall be the
duty of the County Treasurer to receive from the party so ap-
plying the proportinate share of taxes upon such p8.rt or
interest so acquired since assessment as estimated by the Au-
ditor, and give receipt for same, which receipt shall discharge
such portion or interest from the taxes so assessed.
^^ General cash
Sec. 400. It shall be the dutv of each County ireasureraccount of
^ ■ r 1 r^ 1 1 r ^ County Treas-
of the several Counties of the State to keep a book 01 entry urer.
containing a "General Cash Account" of the school fund of his Entries there-
County for each fiscal year, showing on the left hand page the — ——
unexpended school fund for the previous year, the total poll 80.
tax, the total two mill tax, the total special tax and the total
amount of other school funds for the current year, and show-
ing on the right hand page the date of payment by him, the date
of approval by the School Commissioner, the school district's
No., the School Trustee's No., the School Commissioner's No.,
and his No. (his No. beginning with the figure i and running
1 82 CIVIL CODE
A. D. 1902.
"^ Y ^ 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
Account with Treasurer shall also keep an account in said book with each
School Dis- ^
tricts. school district in his County showing the amount due to the
, Entries there- district f or the prcvious 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 No., the
School Trustees' No., the School Commissioner's No., and his
No. (it being the same No. 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.
As to the disposition of unpaid school taxes collected by the Sinking Fund Com-
mission see Sec. 114. Ante.
whenand §60. 401. Evcry County Treasurer shall on the first and
how money ■' ^
forwar d e d to fifteenth davs of each month forward to the State Treasurer
state treasur-
er; receiptsall the moneys collected bv him for or on account of the State
ttierefor; duty ■' ^
in respect to.taxes. Specifying for and on account of what fund the same
— 7- were collected, for which an original and duplicate receipt shall
R. s. 327: /b.,be issued to him bv the State Treasurer, of which the original
1026, § 257; _ - _ °
188 9, X X., shall be retained bv the Countv Tpeasurer and the duplicate shall
366. ^ ' ^
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 in-
formation made to him, shall take the necessary measures to
cause the same to be recovered.
ty'commiSioS' Scc. 402. The County Treasurer shall, on the first and fif-
coiiec'ted.^^'"^'^*^^^"^^ "^^X^ ^^ ^^^^ month, report to the County Board of Com-
G. s. 273;™^ssioners of his County the amount of funds collected for and
fo27,' §^25/.^'' o^ account of the County and the character of such fund. He
Reports moT.th- shall, ou the fifteenth day of each month, report to the
^^up°ermtend^ County Superintendent of Education the amount of collections
l\on.°^ ^'^"'^^"and disbursements made by him for the month on account of
G. s. 1022, poll tax and all other school funds.
I 8 7 s! XVI.', Sec. 403. He shall, on the sixteenth day of each month, re-
3 4, § so. ^oTt to the Comptroller General, in such manner as he shall
direct, a full and complete statement of the previous month or
OF SOUTH CA'ROLINA.
months, exhibiting the total collection made during the fiscal
year, the amount disbursed, and cash on hand for or on ac-port°to Comp-
count of any levy or tax collected by him, which report shall era!
be denominated "The County Treasurer's Monthly Report." g. s. 273;
Sec. 404. He shall make out and forward annually to the 1882, x\^ii.'
Superintendent of Education, on the first day of November, a ^°^''' ^^^'
certified statement showing b}^ school districts the amount of port to Super^
poll and all other school taxes collected by him for the fiscal Education,
year ending on the thirty-first day of October next preceding, g. s. 1023;
Sec. 405. He shall make an annual report to the presiding i s 7 s] xV i.',
Judge, at the second term of the Court of General Sessions in^ '^' ^^'
his County which shall be held after the first day in January in t^"c o u rT°of
each year, of the number, character and amount of claims paid Icaflon^of.^^^'
by him on orders of County Commissioners and r. s. -132;
County School Commissioners and to whom paid, g^g^l' .'^s^J ^6,'
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, Ches-
terfield, Clarendon, Williamsburg, Edgefield, Sumter, Colleton, county Trea-
Chester, Orangeburg, Greenville, Darlington, York, Pickens t a^^i n countks
and Aiken Counties shall not be required or allowed, at public disbursements,
expense, to publish annually the itemized statements of their 1900, xxiii.,
disbursements. ^^^'
Sec. 406. When the taxes, assessments and penalties charged iaxli*;"penait"l
against any property shall not be paid on or before the time ^^g*^^^^^"*"-
fixed in each year, a penalty of fifteen per cent, thereon shall be^.^s. 3%;'/b.!
added by the County Auditor on the County duplicate; and if xix.^'sL^^^'
the said taxes and penalty shall not be paid on or before the
day fixed in the Act levying the tax for that year, the said taxes
and penalty shall be treated as the delinquent taxes on such
property, to be collected in the manner that is or may be pre-
scribed by law ; and if the amount of such delinquent taxes, as-
sessments and penalties shall not be paid on or before the day
fixed in the Act levying the tax for the year, the same shall be
collected by warrant of distress or execution against thfe prop-
erty of the defaulting tax-payer, as hereinafter provided.
Penalty not unconstitutional. — Ex parte, Lynch, 16 S. C, 36.
Sec. 407. Any person holding a lien by way of, or an inter-
est in the nature of a mortgage upon any property, the subject
CIVIL CODE
of taxation, upon which the mortgagor shall have failed to pay
m^°'^ply ^tax ^^^ ^^^' °^ upon which there may exist a lien for taxes on
tame'^^in ^mol-^ ^^y Other property of the mortgagor, may, at any time before
gage debt. -(-j^g gg^jg thereof for delinquent taxes, as hereinafter provided,
R.*^'s.^' sYI; P^y ^^^ ^^^ ^^ ^^^ ^^^ property of the mortgagor, with any costs,
io2s'- '^I'^q^oV penalties or assessments which may have accrued thereon ; and
xxiii., 352. thereupon he shall be entitled, as against the mortgagor, his
representatives, privies or assigns, to include the amount so
paid, and all interest thereafter accruing thereon, in the debt
secured by his mortgage.
Forfeiture for taxes, with right of redemption existing, does not divest lien of
mortgage. — Annely v. DeSaussure, 12 S. C, 512. Purchase at tax sale by mort-
gagee or assignee does. — Devereaux v. Taft, 20 S. C, 555. This section gives the
mortgagee a legal remedy where the mortgagor fails to pay the taxes; hence equity
will not interfere where the security is sufficient. — Nathans v. Steinmeyer, 57 S. C,
386; 35 S. E., 733.
Ccmptroi 1 e r Scc. 408. In all cases where the penalty for non-payment
General may r j 1 j
remit penalties of taxcs has attached to property held by assignees in bank-
in certain sr sr j j o
cases. ruptcy and which could not be sold before the expiration of the
G. s. 279; time fixed by law for the payment of taxes, and in all cases
^898, XXI I.', where sales of property for the settlements of estates, for par-
tition, 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 there-
of, may remit the penalties and costs which by law attach for
non-payment of taxes, and may also grant a stay of the col-
lection 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 evi-
dence thereof, may authorize the collection of the taxes without
costs and penalties 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
duplicate, the original order to be issued to the County Treas-
urer and permanently filed in his office and the duplicate order
to be filed in the Comptroller General's ofiice, 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
staved.
OF SOUTH CAROLINA. 185
A. D. 1902.
Sec. 409. All personal property subject to taxation shall be ' •< '
liable to distress and sale for the payment of taxes, in the man- bifTo'^^distress
ner hereinafter provided, and all real property returned de-|^fj j^^^'^g^^'^
linquent by the County Treasurer upon which the taxes shall l^ffi
not be paid by distress or otherwise shall be seized and sold as^^g^ f^6;^ibj,
hereinafter provided. seffisss^xx.;
No exemption against execution for taxes. — Oliver v. White, i8 S. C, 241. _^' jg^Q xx'
Sec. 410. If any chattel tax shall be unpaid at the time fixed ^^s-
for the payment thereof by this Chapter, or returned delinquent, aia?1j"^ycov'^
as authorized by this Chapter, the County Treasurer may not^.r^'J^^^'^'^'''^^*
only distrain property for the payment thereof, but may re- q s. 281;
cover the same, with the penalties thereon, by action at law, ]|g2^ x vi^i.',
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 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 rnoney, or any judgment or order therein, his
successor or successors may, from time to time, be substituted
as plaintiff therein.
Sec. 411. If, after the return of any chattel tax by any Coun- wiiat steps
ty Treasurer as delinquent, the County Treasurer shall know when owner of
or be informed that the party against whom the same is charged fn'' an o^^t h et
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-R. s. sisi'ib.',
ward to the Treasurer of such other County a certified state- '°^°'
ment 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 f ees,upon
the receipt of which certificate it shall be the duty of the Treas-
urer of such other County to collect such delinquent taxes and
penalties, with the twenty-five per cent, collection fees as afore-
said, 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 dis-
traint and sale of property as if said taxes had been levied in
his own County, and, upon collection made, may retain one-
half of said twenty-five per cent, collection fees, and shall trans-
mit the balance collected by him to the Treasurer of the County
from whom he received such certified statement bv mail. But
CIVIL CODE
if the Treasurer to whom any such statement is sent cannot
collect the amount therein named, or any part thereof, he shall
return the same, so endorsed, with reasons for such non-collec-
tion.
ARTICLE III.
Remedies axd Proceedings for Relief of Taxpayers.
Sec.
412. Collection of taxes not stayed
by process of Court.
413. Proceedings upon claim that
tax is unjust or illegal ; pay-
ment under protest and ac-
tion against Treasurer, &c.
Sec.
417. Defense of actions against
Auditors and Treasurers ;
parties to, costs, &c.
418. Measure of damages ; excep-
tion.
419. When Attorney-General de-
414. Remedy thus provided exclus- fends.
420. Levy and collections of tax to
pay township bonds in aid
of any railroad prohibited.
ive ; mandatory and preven-
tive process of Courts in-
hibited, &c.
415. What costs taxable.
416. How taxes illegally assessed
and collected may be re-
funded.
Collection of Scction 412. The collection of taxes shall not be stayed or
taxes not stay- . "
ed by process prevented bv any injunction, writ or order issued bv an}^ Court
of Court. ^ ' '. ""
—z — r or ludsre thereof.
G. S. 171; ' =>
R- s. 3 3 9, Sec. 413. In all cases in which anv County, State, or other
1082, X V 1 1., " "
988, § 156. taxes are now or shall be hereafter charged upon the books of
How to pro- any County Treasurer of the State against any person, and
ceed m caseot ■ ■ o . j.
claim that tax such Treasurer shall claim the payment of the taxes so charged,
IS illegal. -^ - _ °
—^ — ^ — 68^ '^^ shall take any step or proceeding to collect the same, the
R. s. 340; /fc- 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
notwithstanding, under protest, in such funds and moneys as
the said County Treasurer shall be authorized to receive by
the Act of the General Assembly levying the same ; and upon
such payment being made, the said County Treasurer 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 payment, but not
afterwards, bring an action against the said County Treasurer
OF SOUTH CAROLINA. 187
A. D. 1902.
for the recovery thereof in the Court of Common Pleas for the ^ v '
County in which such taxes are payable ; and if it be deter-
mined in said action that such taxes were wrongfully or ille-
gally 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 wrongfully collected and ought to be refunded,
and thereupon the Comptroller 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 attendance upon the Circuit Courts of
the State receivable for taxes due the County in which the said
services are rendered.
The right of action is given only to the person in whose name the taxes are listed,
and not to one who afterwards purchases the property on which the lien exists. —
DeSoto Gold Mining Co. v. Smith, 49 S. C, 188; 27 S. E., i.
Sec. 414. There shall be no other remedy in any case of the no other rem-
illegal or wrongful collection of taxes or attempt to collect one thus pro-
taxes, or attempt to collect taxes in funds or moneys which the
County Treasurer shall be authorized to receive under the ActR. 's.'^' 341;
of the General Assembly levying the same, being other than lo^s!
such as the person charged with said taxes may 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 General Assem-
bly levying the same ; and no writ, order, or process of any kind
whatsoever, staying or preventing any officer 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 As-
sembly levying the said taxes in manner and form as above pro-
vided, and thereupon shall have his remedy under the provis-
ions of the next preceding Section.
The Courts cannot interfere with the collection of taxes. — State v. Treasurer,
4 S. C, 520; State V. Gaillard, ii S. C, 309; Camblee v. Tribble, 23 S. C, 76.
Otherwise as to assessment. — State v. Cromer, 35 S. C, 213; 14 S. E., 493; State
V. Boyd, 35 S. C, 233; 14 S. E., 496; State v. Covington, 35 S. C, 245; 14 S. E., ■
i88 CIVIL CODE
A. D. 1902.
^--'■v'''*-^ Sec. 415. In any action brought under the provisions of the
disbursements s^^*^ Scction, uo costs or disbursements shall be taxed or al-
^"°^^^- lowed in favor of either party, except for the service of pro-
R ^s 34-' -^/b' ^^^^ ^^^ procuring the attendance of witnesses.
Property er- ^^^' ^^^- ^^ ^^Y taxcs charged on any real estate be regularly
turned^^^deHn- P^id, and such real estate be erroneously returned delinquent,
^^^^^- ^and leased or sold for such taxes, the lease or sale shall be to-
jj^'s.^' 3"73; tally void; or if any taxes shall be illegally assessed and col-
102!'. "^ ^ ^ ^■' lected, when the same shall become known to the County Au-
ditor, he shall, on demand of the party interested, submit the
matter to the Comptroller General ; and if the Comptroller Gen-
eral approve thereof, in writing, the amount paid by the pur-
chaser at such void lease or sale, or the amount so illegally col-
lected, 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 retain the same in his next annual settlement,
and charge the State therewith.
Does not authorize repayment of tax paid on railroad bonds. — Carolina, C. G. &
C. R. R. Co. V. Tribble, 25 S. C, 260.
Expenses of Scc. 417. If any action be prosecuted against the County Au-
all a c t i o n s
against County ditor or County 1 rcasurcr for perf ormmg, or attempting to per-
Auditor for of- form, auv dutv enjoined upon them by the provisions of this
ficial acts to be "" " , ^ , . , . .,- „ , . j,
paid out of Chapter, the result of which action will affect the interests oi
^the County, if decided in favor of the plaintiff in such action,
R. s. 344; lb.', 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
involved 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 At-
torney General, who shall defend said action for and on be-
half of the State ; and if only some local levy made by town or
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
OF SOUTH CAROLINA. 189
A. D. 1902.
Auditor and Treasurer, or both, if both be sued, may, by peti- "•-'-v*-'
tion, answer, or motion in Court, cause the town or other local
or municipal authorities interested in the revenue involved 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 or 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.
Sec. 418. In any action or proceeding against any County ^ ^^.^^^o^^^e^^y
Treasurer in this State, for the purpose of recovering any prop- Treasurer ^ not
erty or money alleged to have been erroneously or illegally ^^ai^^« °^ *^^^
assessed and collected as taxes, assessments, or penalties, unless —z g ~:
the party bringing such action or proceeding shall make it ap-^- S- 345; ib.
pear that a notice in writing of the claim on which such suit
may be brought was given to said Treasurer in pursuance of
the 413th Section of this Chapter, and unless it shall be made
to appear that said Treasurer has proceeded contrary to the pro-
visions of this Chapter, the amount recovered in such suit shall
not exceed the value of the property or money aforesaid.
Sec. 419. It shall be the duty of the Attorney General of the General shaii
State to defend any suit or proceeding against any County county Treas-
Treasurer, or other officer, who shall be sued for moneys col- officer sued for
lected or property levied on or sold on account of any tax, Sf on^ny tax.
when the Comptroller General shall have ordered such collector g. s. 318;
to proceed in the collection of any such tax, after notice as 1882, xv 11.',
aforesaid, or suit brought; and any judgment against such ^""^^^
Treasurer, or other officer, finally recovered, shall be paid in
the manner provided in Section 417 of this Chapter.
Sec. 420. No Board of Township Commissioners nor County Levy and coi-
'^ -^ lection of tax-
Board of Commissioners, nor any other officer or officers, to pay town-
' •' snip bonds in
shall assess or levy, and no .County Treasurer nor other officer aid of any raii-
■^ ' -^ road prohibit-
or officers shall collect, any tax for the payment of township ed^
bonds, or the coupons thereof, or judgments entered up thereon, 1899, xxiii.,
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
provisions 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.
CIVIL CODE
ARTICLE IV.
Enforced Collection of Delinquent Taxes.
Sec. ' Sec,
421. Treasurer issues execution to 427. Suspension of sale ; when and
Sheriff ; form of. on what grounds ; evidence
422. Fees and charges. waiver.
423. Sheriff to seize, advertise and i 428. Return of execution and pay-
sell property ; put purchaser
in possession, &c.
424. ^Yhen Auditor to buy for
ing over money ; Sheriff's
duties and how enforced ;
penalty.
Sinking Fund Commission ; | 429. Duplicate tax executions ;
how titles to be made, &c. ! when issued.
425. Sale of, use and occupancy of 430. Limitation of lien for taxes.
municipal property.
426. Sheriff's deed prima facie evi-
dence of good title ; limita-
tion of action.
Section 421. Immediately upon the expiration of the time al-
sues'^^execu'tioii lowed bv law for the payment of taxes in any year, the County
form oi/^ ' Treasurer of each County shall issue, in the name of the State,
R. s. 347; a warrant or execution in duplicate against such defaulting tax-
f-62. ^' " " payer in his County, signed by him in his official capacity,
directed to the Sheriff of his County or his lawful deputy, re-
quiring and commanding him to levy the same by distress and
sale of so much of the defaulting taxpayer's estate, real or per-
sonal, 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 (ffiling 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 i, i . . . ., as follows, to wit : For the State, $ ;
for public schools, $ ; 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 personal property, and if
sufficient personal property cannot be found, then by distress
and sale of the land of the said , the sum of
dollars, together with dollars, the charges
hereof; and for so doing this shall be your sufficient warrant.
OF SOUTH CAROLINA.
Given under my hand and seal this day of ,
A. D., I . . . .
[L. S.]
Treasurer of County.
Execution should specify whether for capitation or property tax. — State v. Gra-
ham, 2 Hill, 457- Need not specify subject of taxation. — State v. City Council,
4 Rich., 286. Execution for taxes, 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 v. Mullinax, 34 S.
C, 364; 16 S. E., 613; Curtis V. Renneker, 34 S. C, 468; 13 S. E. 664. But under
late tax Acts the failure to exhaust the personalty does not necessarily defeat the
title of the purchaser to the land. — Interstate B. & L. Ass'n v. Waters, 50 S. C,
459; 27 S. E., 948.
Sec. 422. The Treasurer for every such warrant issued shall chfr|el^ ^ ^
have from such defaulter $i.oo; and the Sheriff shall take from r. s. 348;
such defaulter the following fees in the execution of his office, 51';' 1 889,' xx!!
to wit: For serving each warrant, $1.00, besides mileage at the^'* '
rate of 5 cents for each mile actually traveled in executing the
warrant ; for advertising sale, 25 cents ; for making sale and
executing deed of conveyance, and, putting purchaser in pos-
session, $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 re-
turns.
The Sheriif is not entitled to retain the 5 per cent, commissions, paid under
protest to release property from an illegal levy. — Cleveland v. McCravy, 46 S. C,
252; 24 S. E., 175.
Sec. 423. Under and by virtue of said warrant or execution, sheriff to
-' ' seize, advertise
the Sheriff shall seize and take exclusive possession of so niuch^J^^'^.^^^^^p^°P;
of the defaulting taxpayer's estate, real or personal, or both, as ';^^^^J^ '&c^°^'
may be necessary to raise the sum of money named therein and j^^ ^ ~7
said charges thereon, and, after due advertisement, sell the gg^^J-^ ■^^-^•'
same before the court house door of the County on a regular
sales day 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 endorse-
ment thereon of his action thereunder, put the purchaser in pos-
session of the property sold and conveyed, and after deducting
from the proceeds of sale the amount of taxes and charges shall
pay over the excess, if any there be, to the defaulting taxpayer,
and the taxes so collected to the County Treasurer : Provided, g/^°^' ^^i^^'
CIVIL CODE
That the owner and any mortgage creditor, may within six
months from the day of such sale redeem such real estate by
paying the taxes, penalties, costs and expenses of said sale to-
gether with eight per cent, interest.
Section Constitutional. — State v. Allen, 2 McC, 55. Sale invalid, on day other
than fixed by law. — Roddy v. Purdy, 10 S. C, 138; Dougherty v. Crawford, 14
S. C, 628. Irregular sale, where no deed is delivered, gives no title. — Garlington
V. Copeland, 32 S. C, 57; 10, S. E., 616. Lands listed as of unknown owner may
be sold. — Gilliland v. Baptist Church, 33 S. C, 164; 11 S. E., 684. No homestead
against tax sales. — Shell v. Duncan, 31 S. C, 547; 10 S. E., 330. But inchoate
right of dower remains. — lb. Defaulting taxpayer can by ordinary action recover
surplus proceeds from Sheriff.— State v. Turner, 32, S. C, 348; 11 S. E., 99.
As to exhausting personalty before selling realty.- — See Ebaugh v. Mullinax, 34
S. C, 374; 13 S. E., 613; Interstate B. & L. Ass'n. v. Waters, 50 S. C, 459; ^y
S. E., 948.
Mandamus will issue to compel execution of deed by the Sheriff on purchaser's
complying with, bid.- — State ex. rel. Harley v. Lancaster, 46 S. C. 282; 24 S. E.,
198; or to compel delivery of possession. — State ex rel. Gibbes v. Morrison, 44 S.
C., 470; 22 S. E., 605. Rule against Sheriff not the remedy. — Gibbes v. Morrison
39 S. C, 360; 17 S. E., 803. Sale of entire tract not held not an excessive levy. —
Wilson V. Cantrell, 40 S. C, 114; 18 S. E., 517.
When Audi- Sec. 424. In case there be no bid equal in amount to the taxes
tor to buy for ,. ., . ^ ai-
Sinking jFund named m said warrant or excution, the County Auditor shall
Comrniss ion; ,-,- „. y-^ ^ . .
how titles to be buv the land for the Sinking Fund Commission, as the actual
made, &c. ' , , ^ , , ^ r • 1 ^
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 advantageous to the State.
State V. Thompson, 18 S. C, 538; Owens v. Owens, 25 S. C, 155.
1896, xxiL, Sec. 425. 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 munici-
pal corporation by reason of said land, buildings or other
property, or portions thereof, not having been used "exclu-
sively for public purposes 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 acting
under an execution from the Coiinty Treasurer or from the
Secretary of State as agent of the Commissioners of the Sink-
thM-kles'^m a"y ^"fe ^uud, shall, at pubHc sale, sell not the "fee," as in other
and ocrapancy ^^^^^' ^^^ ^^^^ ^^ "usc" and "occupancy" of such portions of
°a x^es^ whei/ ^^^*^ land, building or property of such municipal corporation
how and for
what term.
OF SOUTH CAROLINA.
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 interest 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 exceeding 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 (whether the Sinking Fund Commission or
any other person) into possession in like manner as when the
fee is by him sold for taxes.
The use and occupancy for public purposes at the time of jic^pu/p'o ^"e'''
levy or sale of any portion of property levied upon or sold "^e sl°ie. ^^^^^^
for taxes accrued by reason of same not having been formerly
used "exclusively for public purposes and not for revenue"
shall not defeat the remedy for collection provided in this
Section.
As to prior law see City of Columbia v Tindall, 43 S. C, 547; 22 S. E., 341.
Sec. 426. In all cases of sale the Sheriff's deed of con- Sheriff's deed
prima facte
veyance, whether executed to a private person, a corporation evi d en ce of
or the Sinking Fund Commission, shall be held and taken as Station of ac-
tion.
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 under the provisions of this Article,
or for the recovery of the possession thereof, shall be main-
tained unless brought within two years from the date of said
sale.
Courts must give tax title full statutory effect. — Coke v. Pennington, 7 S. C,
387. But claimant must prove title. — lb., 15 S. C, 192. Tax deed prima faiie
evidence. — lb.; Shell v. Duncan, 31 S. C, 347; 10 S. E., 330. Unless deed shows
that sale was invalid. — Cooke v. Pennington, 15 S. C, 192. But it is not vitiated
by failure to recite performance of prerequisites. — Shell v. Duncan; supra. Yet
it may be defeated by showing lack of such prerequisites. — lb. Poole v. Evans, 57
S. C, 79; 35 S. E., 436. The burden of proof as to defects is on the party attack-
ing the deed. — Wilson v. Cantrell, 40 S. C, 114; 18 S. E., 518. Must be construed
in connection with the following section. — Bull v. Kirk, 37 S. C, 395; 16 S. E., 151.
Sec. 427. In case the taxpayer alleged to be in default after g^^^.^i'^^|'^^°|
leA^y of distress as aforesaid shall allege that the taxes have °j. "un^r- ^e v i-
been paid, or are unjustly assessed against him, he can and may'^^"'^^' waiver.
have the sale suspended, if before the sale he offers satisfactory ;j,^-gg^-. j|||=
evidence to the Sheriff that said taxes have been paid or im- ■^^■' ^^' ^ ^■
properly assessed against him, and within twenty days there-
13.-C
R. S. 351; lb.
194 CIVIL CODE
A. D. 1902.
79
after 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 offers 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 preliminaries
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 require-
ments of law.
sheriffs Vs °to Sec. 428. The Sheriffs in the several Counties in the State,.
subjectTd'con- ^^ making levies and sales, in making returns, and in paying
troiier General! o^cr money collccted Under tax warrants and executions placed
""^."s. 353; ^" their hands by County Treasurers, shall be subject to the
1899, xxiii., (jjj-ection and under the control of the ComptroEer General
of the State, as they are now in like manner to plaintiffs 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 refractory Sheriffs to
discharge their duties in the enforcement of tax executions ; and
it is hereby made the duty of the said Sheriffs, respectively,, to-
make return of all tax executions to the Treasurer of their re-
spective Counties within ninety days after the date of issue
thereof, designating such as may be 7mlla 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 penal-
ties collected by them ; and the several County Treasurers shall,
at the last term of the Circuit Court in each year for their
respective Counties, deliver to the foreman of the grand jury a
complete list of all tax executions delivered to the Sheriff for
collection, and which have not been collected, and the grand
jury shall examine the said list, 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 afore-
said any moneys collected on said executions, it shall be the duty
of the County Treasurer, and he is hereby required, imme-
diately 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
OF SOUTH CAROLINA. I95
, A. D. 1902.
County Treasurer to perform the duties herein set forth, such
Treasurer shall be liable therefor.
As to disposition of nulla bona tax returns see Sec. 103, ante. i- ^ ^ .
Sec. 429. When it shall be made to appear to the satisfaction |xecuU^o^ns;
of the presiding Judge of the Court of Common Pleas for ^g^^ xxiii ,
any County in this State, by petition or upon due notice to the I'S.
County Commissioners, that any tax execution heretofore
issued, or which may hereafter be issued, by the County Treas-
urer 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 Treas-
urer 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
effect as the original execution could or would have, if the
same had not been lost.
Sec. 430. All taxes hereafter levied or becoming due under "DupifcSe/'^
the laws of this State shall be conclusively presumed paid after l i e n s f q r
ten years from the last date said taxes could have been paid ttn" ea'^-sTpro-
without penalty: Provided, That this Act shall not apply to!!!^: —
taxes for the collection of which the State shall institute judicial go.^^^'
proceedings within the time limited above: Provided, further.
That the State may bring suit in 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
March 31st, 1899, at any time within ten years from the 28th
day of February, 1899, whether on or off the tax books ; and on
collection of such taxes they shall be distributed to the State,
Counties and school districts to which they would 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 pre-
sumption after ten years of payment of taxes by taxpayer as
herein provided, this Act shall in no way affect or impair the
operation of Sections 102, 103 and 104.
CIVIL CODE
ARTICLE V.
AxNUAL Settlements of County Treasurers.
Sec. Sec.
431. Settlement of Auditor with < 435. Day fixed for settlement.
Treasurer ; when and how [ 436. Settlement sheets signed in
made. duplicate ; by whom and
482. Treasurer's remedy when where filed.
charged with tax not in fact 437. Comptroller furnishes copies
paid. of reports to County officials.
433. Auditor notifies County Su- 43S. Irregularities, &c., reported to
Court of Sessions ; by whom.
439. Comptroller prescribes system
of bookkeeping and exam-
ines books.
pervisors and County Super-
intendent of Education of
day of settlement : their at-
tendance, and what they
must produce.
434. Auditor notifies Foreman of
Grand Jury and Comptroller
to be present to witness set-
tlement.
Auditor with Sectioii 431. Each County Auditor shall attend at his office,
when and how On or before the first day of 3vlay, annually, or at any other time
- — — the Comptroller General may direct, to make settlement with
272; R.s. 362; the Treasurer of his County and ascertain the amount of taxes,
I o 16,* I o 2 6; penalties and assessments collected bv such Treasurer and the
S62. ' " amount 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 Treas-
urer has been unable to collect, describing the property as de-
scribed 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 denominated the delinquent list, and shall be signed and
sworn to by the Treasurer, before 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 deduct-
ing the amount of taxes, assessments and penalties so returned
delinquent, the Treasurer shall stand charged with the remain-
der of the taxes, assessments and penalties charged on the du-
plicate : Provided, however, 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 :
OF SOUTH CAROLINA.
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.
Sec. 432. If, in making such settlement, the Treasurer shall remedy ^^ when
stand charged with any tax, assessment or penalty, which in ta^^'f^^ ^^ f^^^t
fact was not paid prior thereto, he may at any time while re- p^"^-
maining in office collect the same by distress and sale of prop- r.'^'s.^" 3 6^3 1
erty, as in other cases of delinquent taxes, or by action in his J^^e', ^"^56^"
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.
Sec. 433. When the County Treasurers of the several Coun- fiet ciun'ty^sS-'
ties shall have disbursed all the County and school funds of R^o^idVln°d
each fiscal year, and are ready to make their settlements with m^ss°iolier^°™f
their respective County Auditors for the County and school ment,°thdr 'it-
taxes charged against them upon the Treasurer's tax duplicates, whatThe^y m^us't
they shall so notify the County Auditors, whereupon the County produce, &c.
Auditors shall notify the County Supervisors and County igfg.xx.^J^!
Superintendents of Education of their respective Counties of xxl, 48i^§ f-
the day of such settlement ; and the said County Super- 235^' ^^^^■'
visors and Count}'- Superintendents of Education are here-
by required to produce, in the office of the Auditor of
their respective 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 issued by said
Treasurers within twelve months after the expiration of the |^g'^"pj,*°/j^°*j;
time allowed by law for the payment of taxes in any year. a n d'^^c'^o^p^
Sec. 434. It shall be the duty of the Auditor of each County J,';°J]|^t to wit^
to notify the foreman of the Grand Jury thereof and the J^"^^ settle-
Comptroller General of the day upon which said settlement is q g JJj:
1889, XX., 349!
§4.
CIVIL CODE
to be made, and the Comptroller 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 set-
tlements.
Day fixed for ggg^ 435^ j^g (ja.v fixed for the settlement provided for in
settlement. - '■
— — ^ ^two next preceding Sections shall be on or before the ist day of
i889,xx 350! ]\^la,v, or as soon thereafter as the Comptroller General may
§ 9; I 8 9 3, - ' ^
XXL, 401, § 7- appoint.
Settlement Qqq 43g_ When Said settlements shall have been completed,
sheets sign e a -^ _
b" t'^hom^ani^''^^ Settlement sheets shall be signed by the County Commis-
where filed. ^ sioncrs and County Treasurers, the County Superintendents of
R- s. 367; Education and County Treasurers, in duplicate and certified by
the County Auditor; one copy of which shall be filed in the
County Auditor's office and the other mailed to the Comptroller
General, to be by him reported to the General Assembly.
Comptroii e r ggg 437 j|- ghall bc the duty of the Comptroller General to
furnishes -' -^
''o?trto°coun- ^'^^^^ ^^^^ y^^^ ^ ^°Py °^ ^^^ report containing such settlements
ty officials. iQ ^i^g Clerk of the Court, County Commissioners, School Com-
ib^' ^o Is ^'missioners and County Auditors of each County of the State,
to be filed and kept by said officers in their several offices.
Irregularities, ggg_ 433. jf jn the making of said settlement there shall be
&c., reported to °
Court of Ses- discovcrcd any irregularities or violations of law by any of said
sions;by jo j ■>
whom. officers, the Comptroller General and the foreman of the Grand
ih^' %'i ^^^'Jury shall report the same to the Court of General Sessions of
the County where such irregularities or violations of law shall
have been discovered.
Comptroller ggg^ 439^ jj^g Comptroller General shall prescribe the sys-
prescribes sys- '^ '^ _
tern of book- tgj^ Qf bookkeeping to be used in the offices of County Commis-
k e e p mg and ir o j
bookt ™ ' "^ ^ ^ sioners, School Commissioners, County Treasurers and County
— ^ — ; Auditors of the State, so that the same shall be uniform ; and in
R. S. 3 7 o; '
-fbv § 7- 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.
OF SOUTH CAROLINA.
TITLE IV.
Article i.
Article 2.
Article 3.
Article 4.
Article
Article
CHAPTER XIV.
Of the Militia.
General Provisions.
The Adjutant and Inspector General.
Organization, election of Officers, &c.
South Carolina Volunteer Troops in the City of
Charleston.
Arms, parade, drills, &c.
Courts-Martial and Courts of Inquiry.
ARTICLE 1.
General Provisions.
Sec.
440
Who subject to military duty ;
who exempt.
The Staff of the Governor.
Of what the organized militia
shall consist.
443. Volunteer Troops and Na-
tional Guard to be kept sep-
arate ; how commanded
when in active service.
Number of companies limited.
Term of service ; discharges,
when and how granted.
Muster-in rolls ; how made
and disposed of.
447. When and how officers may
resign.
448. Militia, when subject to ac-
tive duty.
441
442
444
445
446.
Sec.
449.
450.
451.
452.
453.
454.
455.
456.
457.
458.
When in active service, how
organized, governed and
paid.
Duty to appear when ordered
out.
Uniform.
Practice! drills.
Report to Comptroller General.
Reserves may be organized
into companies.
Distribution of militia.
Commander-in-Chief, powers ;
enlistment of men, &c.
Rules and regulations.
Appropriation for ; how dis-
tributed.
375;
Section 440. All able-bodied male citizens between the ages who subject
of eighteen and forty-five years residing in this State, and not duty; who ex-
exempted 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 ministers of the gospel.
20O • CIVIL CODE
A. D. 1902. ~
^•^ »~V"*^ 3d. The Lieutenant Governor, members and officers of the
General Assembly, the Secretary of State, Attorney General,
Comptroller General, Commissioner of Agriculture, Superin-
tendent of Education, State Treasurer, and clerks and employes
in their offices, judicial officers of the State, including- Magis-
trates, Clerks of the Court of Common Pleas, Sheriffs, Cor-
oners, Constables, civil officers of the United States, ferryman
employed at any ferry on a post road, and millers.
4th. All persons entertaining conscientious scruples against
bearing arms, practicing physicians, professors, teachers and
students in colleges, academies and common schools.
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.
Ferrymen defined. — State v. Clarke, 2 McC, 47. As to aliens. — Ansley v. Tim-
merman, 3 McC, 329.
The Staff of Scc. 441. The Militarv Staff of the Governor shall consist of :
the Governor.
^ g „.The Adjutant and Inspector General, with the rank of Briga-
?^ s. 376; i&.'dier General; also one Chief of Ordnance, one Chief Engineer,
689, § 16; 1884, ' °
x\Tii., 920. one Judge Advocate General, one Quartermaster General, one
Commissar}^ General, one Surgeon General, one Paymaster
General — all of whom shall rank as Colonel ;. and as many
Aides-de-Camp, not exceeding seven, with the rank of Lieu-
tenant Colonel, as the Governor may deem necessary: Pro-
vided, That in time of peace the duties of Chief of Ordnance
and Quartermaster General shall devolve upon the Adjutant
and Inspector General.
Of _\vhat the Sec. 442. The organized militia of this State shall consist of
organized m;li- "
tia shall con- the Voluntccr Troops, composed of companies of white persons,
— — ^ — :;"~and the National Guard, composed of companies of colored
^00 ^v J? 7^ persons, the service in each being voluntarv. Thev shall be
1882, X V I L, ^ "^ " ' .
685, § 2. organized, respectively, into such divisions, brigades, regiments,
and battalions, and, in addition thereto, such batteries of light
artillery, and troops and squadrons of cavalry, as the Com-
mander-in-Chief may deem expedient ; and nothing herein con-
tained shall be so construed as to interfere with the power of
the Commander-in-Chief in case of war or insurrection, or of
imminent danger thereof, to order drafts of the militia, and to
OF SOUTH CAROLINA. 201
A. D. 1902.
form new battalions, regiments, brigades, or divisions, as he ""*— v— '
may deem just and proper.
Sec. 443. The organized militia, known as Volunteer Troops y^^^ n t e e r
and National Guard, shall be kept separate, and for all pur-'^.'"g°^°jP,^j^^^'*'^
poses of parade, drills, musters, and encampments, they shall ke^pY'^separate!
not be paraded together. In the event, however, of war, riot, ed'when Tn ac-
or insurrection, or imminent danger thereof, where it may be ^'"'"^ service.
necessary to call into active service both the Volunteer Troops -^^^ ^-^g^ j^;
and the National Guard, the companies, regiments and brigades ^^^' ^ ^■
thereof shall be under the command of the senior officer of
the Volunteer Troops then present.
Sec. 444. The total number of companies of the Volunteer comp^'ies lim^
Troops and the National Guard shall not exceed one hundred. '^
In case of the disbandment of any company, its place may beR*^s fyg-^jb^]
supplied on application to the Adjutant and Inspector General, ^^^f'g ^^^^^■'
the nearest Division Commander of Volunteer Troops and the
Governor approving.
Sec. 445. All officers and privates of the organized militia T^rm of ser-
^ " vice;dis-
shall be held to service in their several companies, battalions, charges, when
_ , ^nd now grant-
regiments, brigades and divisions, until their resignations shall ^_^
have been accepted, or they shall have been regularly dis-^^G.^s. 3^38;
charged. No discharge shall be granted until after one year's ^|82,x v 1 1.,
service, unless for good cause, approved by the battalion com.-
mander, or, in case of unattached companies, 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 officer 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 commanders
and approved by battalion and brigade commanders.
Sec. 446. Muster-in rolls shall be made in triplicate, one of ^.^1^^=.^^;^^
which shall be retained at headquarters of the regiment. The ^^^^^^ ^f_^ '^'^"
original shall be forwarded to the office of the Adjutant and ""gTs. 3.^9;
Inspector General within ten days from any muster of men, ^g^^g^l^' ^^-^
and one roll shall be retained by the company commander.
Sec. 447. Any officer desiring to resign his commission and ^i^°^f ""^^Ig^j
be discharged, or any enlisted man desiring to be discharged f^^^l ^\ ^'^ed
from the service, shall express his desire in writing, and trans- "p°"-
mit the same to the Commander-in-Chief immediately, through j^*^- g^-
and by all intermediate commanders, who will endorse thereon ^^oo.
the recommendation in the case, and the resignation or dis-
charge shall go into effect when accepted by the Commander-
382;
XXIII.,
202 CI\' IL CODE
A. D. 1902.
'' »• ' in-Chief, and not before ; but no officer shall be permitted to
resign his commission while under arrest or under charges, nor
until he has accounted for and delivered to the proper ofHcer all
money, records, arms, accoutrements and other military prop-
erty belonging to the State in his possession,
to ^'ctivl"duty! ^^^' ^^- '^^^ militia shall not be subject to active duty ex-
except when, ^gp^ -^^ zz.'&t. of war, or for preventing, repelling or suppressing
jj*^-g ^-3^25; invasion, insurrection or riot, or of aiding civil officers in the
1900, XXIII., execution of the laws, in which cases the Commander-in-Chief,
370. ' '
or in his absence the Adjutant and Inspector General, shall
order out for active service, by draft or otherwise, as many
of the militia as necessity demands.
How draft to be made. — State v. Lewis, 3 Hill, 310. As to substitutes. — State
V. Wakeley, 2 X. & McC, 412.
tivJse" vl c^e' ^^^' ^^* ^^'he'^ the militia are ordered out, or have volun-
-overafd^rn'd Peered for, and while they are in active service, as heretofore
p^'*^- specified, they shall be organized by the Commander-in-Chief
R% ^8 .^/^^' into companies, regiments, brigades and divisions, and proper
xviii ^456'officers appointed therefor. 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 member of the militia so engaged shall receive the sum of
one dollar and fifty cents per day, to be drawn from the State
Treasury by the Adjutant and Inspector General on a warrant
drawn by the Comptroller General, and disbursed by the Pay-
master of the regiment, or Captain of any company not attached
to a regiment.
Duty- Sec. 450. Every member of the enrolled militia ordered out
1894, XXI., -^vho does not appear at the time and place designated by the
Commander-in-Chief, or his superior officer, or who does not
produce a sworn certificate of physical disability from a phy-
sician in good standing to so appear, or excuse for unavoidable
Penalty for abscucc, shall be taken to be a deserter, and dealt with as pre-
failure. _ ' _ _ _ ' ^
scribed by the militia laws of the State.
Uniform. gec. 451. The uniform of the State \"olunteer Troops and
R- |:„38s; iSTational Guard shall be the regulation fatigue uniform of the
1900, XXIII., ° °
o7^- regular army of the United States.
Sec. 452. Each company composing the State Volunteer
Troops and National Guard shall be required to hold twelve
OF SOUTH CAROLINA. 203
A. D. 1902.
monthly practice drills during each year, and quarterly reports ^— »"v^*-^
of said practice drills must be certified to by the Commander ^j.-^jj' ^ '^ **"= ^
and First Sergeant, or acting First Sergeant, and forwarded j^ 5 ^gg.
through the regular military channels to the Adjutant and In-^^oo, xxtii.,
spector General ; and any company failing to hold said practice
drills, or to make said quarterly reports, shall forfeit its right to
share in the distribution of the annual appropriation m.ade by
th^ State to promote the efficiency of the volunteer service. A
Military Board, consisting of the Governor, the Adjutant and
Inspector General, and three commissioned officers appointed
by the Governor for a term of two years, shall constitute said
Military Board, and whose duty shall be to divide and distribute
the annual appropriation made by the State in support of the
volunteer troops, as they may determine is best for promoting
the efficiency of the service.
Sec. 453. Within thirty days after the annual inspections in'^p^cto^cTn'^
are completed, the Adjutant and Inspector General shall be re- to ^comptroller
quired to file with the Comptroller General a certified list of all _!!^f!iJ_!:Lfi
companies that have passed inspection and been admitted into 1900, xxiii.',
the active volunteer service, 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
Comptroller General shall draw his warrants in accordance with
said certified statements, and forward same direct to parties en-
titled thereto.
Sec. 454. The Governor may organize into companies such ^j^^^ qq^^^J^'j:
of the reserve militia as in his judgment may be necessary ™j^^Q^p"^^jfj'/g^
where application for such organization may be applied for in r s 388;
any County; and may also uniform, arm and equip them with 1889, xx., 282.
such uniforms, arms and equipments as may be at the dis-
posal of the Adjutant and Inspector General and not needed
for the active militia of the State; but such companies shall
not be entitled to any part of the appropriation provided for
in the next preceding Section.
Sec. 455. The organized militia of the State shall be dis- Distribution
"^ _ of mihtia.
tributed among the several Counties of the State as nearly equal — r — xxT
as possible, and shall be recruited by volunteer enlistments. 833.
Sec. 456. The Commander-in-Chief may transfer, consoli- . c o m^^jander-
■^ ' in-Chief.
date, muster out, disband, and make such other changes in the Jh^' —
organization of the State militia, from time to time, as the best „ ,. ,
'^ _ '_ ' Enlistment.
interest of the service may require. Enlistments therein shall
be for two vears, re-enlistment after two vears' service for one
CIVIL CODE
Oath.
or more 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 may be admin-
istered by any commissioned officer, to ^Yit : "You do solemnly
swear (or affirm) that you will bear true allegiance to the
United States and to the State of South Carolina, and that you
will support the Constitution thereof; that you will serve the
State of South Carolina faithfully in its military service for tlie
term of two years, unless sooner discharged, or you cease to be
a citizen thereof ; that you will obey the orders of the Com-
mander-in-Chief and such officers as may be placed over you,
and the laws governing the military forces of the State of South
Carolina; so help me God."
re^u'iatfons ^"'^ ^®^* ^^'^' ^^^ Commander-in-Chicf and the Adjutant and
Inspector General and one of the Major Generals of the State
militia are hereby authorized to make such rules and regu-
lations from time to time as they 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 remain in force until
new rules and regulations are approved and promulgated.
Appropriation. ggj,_ ^gg^ jj^^ following sum is hereby appropriated for the
purpose of assisting companies composing the active militia
to maintain their organization : Ten thousand dollars, to be
distributed by the Governor and Adjutant and Inspector Gen-
eral, and three other military officers of the State, who are to
be appointed by the Governor, as they may think best for the
interest of the militia of the State, to be paid on the order of
the Adjutant and Inspector General, on the warrant of the
Comptroller General.
ARTICLE II.
The Adjutant and Inspector General.
Sec.
459
How and when elected ; term
of office ; pay and rank of.
460. Vacancy in office of, how
filled.
461. Reports of, to Commander-in-
Chief.
462. Duties of.
463. Appoints Assistant Adjutant
and Inspector General ; sal-
ary of.
464. Appoints Armorer ; salary and
duties of.
Sec.
465. Appoints Ordnance Sergeant ;
salary and duties of.
466. May purchase materials for
repair of arms, &c.
467. May lend arms to military
schools.
468. Prepares and distributes
forms, copies of militia law,
&c.
469. How company and regimental
return made to.
OF SOUTH CAROLINA.
Section 459. There shall be an Adjutant and Inspector Gen-
eral elected by the qualified electors of this State, at the same jj^gpJg"*^"*^,^^'^
time and in the same manner, and for the same term of ofhce as ^^^Jj^^^^^'^^'igJ'^
the other State officers. His compensation shall be fifteen hun- and salary of.
dred dollars per annum, and his rank Brigadier General. j^ ^- g^- ||7;
Sec. 460. If a vacancy occur in the office of the Adjutant ^^oo, xxiii.,
and Inspector General, whether from death, resignation, dis- vacancy in
qualification or other cause, the Governor has the power to^{fg| °^' "^^^^
appoint some suitable person, who, on being duly qualified ac- q § ^^s,
cording to law, shall be entitled to enter upon and hold the office ■^^ ^ji,'^^^^ ^^'
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 compensation provided by law for the Adjutant and
Inspector General during his term of service.
Sec. 461. The Adjutant and Inspector General shall reportto commander-
annually to the Commander-in-Chief : '"" ^'^ '
1. A statement of all moneys received or disbursed by him r. s'. 39i;^ib.',
since his last annual report. ^ ^'
2. An account of all arms, ammunition and other military
property belonging to the State, from what source received, to
whom issued, and its present condition, so far as he may be in-
formed.
3. The number, condition and organization of the militia of
the State.
4. Any suggestion which he may deem of importance to the
military interests 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 General at any time, upon any matter connected
with the duties of his office or with the military service of the
State.
Sec. 462. It shall be his duty — Duties of.
1. To keep and preserve the arms, accoutrements, ammu- G. S. 330;
nition and other military property of the State. el^^'? ^^^^'
2. To keep on file in his office all rolls, returns and reports
made to him.
3. To authenticate with his official seal all papers issued from
his office which by law may require authentication under such
seal.
2o6 CIVIL CODE
A. D. 1902.
^-»-v"^^ 4. To keep an account of all moneys received or disbursed
by him.
5. To issue all orders of the Commander-in-Chief relating to
the militia, and to keep a record thereof.
Assistant Ad- '^®^' ^^^' ^^ shall appoint an Assistant Adjutant and In-
s'^ecror^Gener- spcctor General, who shall have the rank of Colonel, and whose
ai; salary of. salary shall be twelve hundred dollars per annum.
00' ^xxni' ^®^* ^^^' -^^ shall appoint an Armorer, who shall take
377- charge of the State Armory and keep in order all the arms and
j„o^PP.°^"s|ijfj.y ammunition therein, and whose salary shall be five hundred
and duties of. dollars per annum. The Armorer shall be required to work
*^-|- 394; ^^^b-. daily upon the public property in the State Arsenal or else-
ess, §12. where, 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 Peniten-
tiary in doing work on the State arms and equipments. The
Adjutant and Inspector General may order the Armorer to any
part of the State where his services may be needed.
AppointsOrd- Scc. 465. He shall also appoint an Ordnance Sergeant, who
geant? ^ fafary shall assist the Armorcr during the work hours of the day,
and duties ol^^ rcsponsiblc for the State property in the Arsenal, and shall
R- s. 395;''/!! keep an account of the same, and of all receipts and issues;
he shall be paid an annual salary of three hundred dollars, and
shall be allowed to employ a night watchman to assist him, at
a salary of one hundred dollars per annum, to be paid by the
State.
May pur- Scc. 466. He, with the consent of the Governor, shall have
for^^repair'^'^of authority to purchasc any material or parts of guns or equip-
arms^e^c^ mcuts which may be necessary to repair any of the State arms
R. s". 396;'7b.'or equipments 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 appli-
cable 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.
May lend Sec. 467. He may lend such arms and accoutrements as may
fJrTsch'oofs"^^ not be needed for the use of the militia to any school or college
R. s.~97Tof the State whose pupils are instructed in military tactics, on
sr?,"^^'^' ^^^'the trustees or teachers of the same entering into bond for their
safe keeping and return.
OF SOUTH CAROLINA.
G. S. 336;
their f-,s^; 399; ^i'v
Sec. 468. It shall be his duty to have the necessary forms
prepared, printed and distributed to the commissioned officers ^ f^^P^'j^,^ ^^'^'^
of the organized militia. He shall also have the militia laws, ^^''^^j'jj^;J[=°jP^^^
and such forms, and so much of the rules and articles of warf^-
for the government of the United States Army as he may de-K/^-g.^' 3^3:
cide are applicable, published, and a copy thereof sent to each l^^^ §i4.'^^^'^'
commissioned officer, which shall be held by him as property of
the State and delivered to his successor in office.
Sec. 469. On the fifteenth day of September in every year ^^^""^l^^^l
each commander of a company shall make a return to the com- ^a^e to!^*"^"^
mandant of his regiment, with a muster roll of his command,
and the number of men enrolled thereon, and of all
arms, uniforms, equipments and ammunition, and condition of
same. The commandant of each regiment shall make like
return thereof, with a roster of its commissioned officers, to the
brigade commander, within fifteen days thereafter, who shall
make like return for his brigade, with a roster of its commis-
sioned officers, to the division commander, who shall make like
return, with a roster of its commissioned officers, to the Adju-
tant and Inspector General, at Columbia, on or before the
fifteenth day of October, annually. In the event of there being
no division commander, then the brigade commander will trans-
mit his return directly to the Adjutant and Inspector General.
The Adjutant and Inspector General may order from each
company additional returns at any period he may deem expedi-
ent. Unattached companies, regiments or battalions will re-
port directly to the Adjutant and Inspector General's office on
or before the fifteenth day of October, annually.
ARTICLE III.
Organization — Elections of Officers, &c.
Sec.
470
471
472
Division officers and staff.
Brigade officere and staff.
Regiments ; how composed ;
officers and staff.
473. Battalions, how composed ; of-
ficers and staff.
474. Meaning of terms "company,"
"regiment."
475. Company of infantry ; how
composed.
Sec.
476
artillery ; how
cavalry ; how
Company of
composed.
477. Company of
composed.
478. If number of privates falls
below minimum, no new of-
ficers to be elected.
479. Annual inspection ; when
companies to be disbanded.
480. How company may adopt by-
laws.
208
CIVIL CODE
A. D. 1902.
Sec.
481. Continuance of chartered
rights recognized ; disband-
ed companies excepted.
482. United States Army regula-
tions ; to what extent adop-
ted.
483. Militia officers ; how appoin-
ted and commissioned ; pay
of.
484. Field officers, Volunteer
Troops ; how elected.
485. Rules and regulations to be
made by the Adjutant and
Inspector General, &c.
Sec.
486. How officers take rank.
487. Staff officers ; by whom ap-
pointed ; term of office.
488. Commissioned officers may ad-
minister oaths.
489. Commanding officers may ar-
rest any officer or private.
490. Officers and privates ; when
and how far exempt from
arrest.
491. Naval battalion constituted ;
officers, their rank and pay ;
other officers and their pay,
&c.
Division of-
ficers and staff
Section 470. There shall be to each division one Major Gen-
G. S. 341; eral, with the following staff: one Adjutant General, one In-
. . 400. . gpg^^Qj. Qeneral, one Ordnance Officer, one Judge Advocate,
one Quartermaster, one Commissary, one Surgeon — all with the
rank of Lieutenant Colonel ; and two Aides-de-Camp, with the
rank of Major.
Brigade of- Scc. 47L There shall be to each brigade one Brigadier Gen-
staiT. eral, and the following staff : one Adjutant General, one In-
G. s. 342; spector General, one Ordnance Officer, one Judge Advocate,
'one Quartermaster, .one Commissary, one Surgeon, one Pay-
master— all with the rank of Major, and one Chaplain, who
shall be borne upon the rolls next the Surgeon, the two Aides-
de-Camp, with the rank of Captain.
Regiments Sec. 472. Regiments shall consist of not less than six nor
and officers of ,,.,,,-,-
^ more than twelve companies, and shall be entitled to the follow-
G. S. 343 ;
R. s. 402; ing field officers : one Colonel, one Lieutenant Colonel and two
1900,
378.
XXIII,
Majors, with the following staff: one Adjutant, one Judge
Advocate, one Quartermaster, one Surgeon and one Paymaster,
all with the rank of Captain, one Sergeant Major and one Quar-
master Sergeant.
B at taiions Scc. 473. Battalious shall consist of not less than two nor
and officers of
— - — r more than five companies, and shall be entitled to the following
R. s. 403- field officers : if composed of four or more companies, one Lieu-
Number 9f tenant Colonel and one Major; if of two and not exceeding
companies m . .
fi ij^^*'-j^'°>"i three companies, one Major; with the following staff officers:
o^ one Adjutant, one Judge Advocate, one Quartermaster, one
1882, XVII., Surgeon, and one Paymaster — all with rank of First Lieu-
tenant; one Sergeant Major and one Quartermaster Sergeant.
,, . . Sec. 474. The word ''company" may include battery and
Meaning of sr j j
term ",com- troop, and the word "regiment" may include battalion.
pany, regi- -"^ '-' -^
ment."
G. S. 345;
R. S. 404; lb.
691.
OF SOUTH CAROLINA. 209
^ A. D. 1902.
Sec. 475. A company of infantry shall consist of not less '^^^'^^v^ '
than forty-eight nor more than ninety-two privates, four Cor- ^^^^^^^ " * '^
porals, four Sergeants, one First Sergeant, one Second Lieu- q_ 3. 346;
tenant, one First Lieutenant and one Captain. fpoo.^xxfiL,
Sec. 476. A company of artillery shall consist of not less than 378-
sixty nor more than one hundred privates, four Corporals, four ^ j. ^ j u^^y
Sergeants, one First Sergeant, two Second Lieutenants, one '^"'"pany-
First Lieutenant and one Captain. r. "s. ' 406;
Sec. 477. A company of cavalry shall consist of not less 3^3?' ^^ '
than thirty-six nor more than sixty privates, one Bugler, four cavairy com-
Corporals, four Sergeants, one First Sergeant, two Second ^^"^'
Lieutenants, one First Lieutenant and one Captain. r. 's. " 407 J
Sec. 478. In case the number of privates in any company 3^3°' ■^^"^•'
falls below the above minimums, then the regimental and if number
brigade commanders may prohibit the appointment or election f ^ Vs' ""below
of any new commissioned or non-commissioned officers, which "ew™fficers to
would give the company a greater ratio of officers than is above _!J!_!ilJ
.J J G. S. 3491
provided. r. s. 408; lb.
Sec. 479. There shall be held once in each year an inspection ^ inspection of
■^ State troops.
of troops and military property in every County of the State; — ^— ^ —
and all companies of infantry and artillery producing less than R- S. 409.
forty officers and men, and cavalry companies producing less
than thirty officers and men, present and in good condition for
service, shall be disbanded.
Sec. 480. Any company of the organized militia may, by a How com-
vote of two-thirds of its members, form by-laws, rules and adopt by-iaws.
resfulations, not inconsistent with this Chapter, for the govern-^ G. s. 351;
* ° R. S. 410; lb.
ment 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.
Sec. 481. Nothing in this Chapter shall be construed so as to Special rights
& jr and privileges
annul, abridge, or interfere with rights or privileges granted of ^^^companks
by special Act or by charter passed previously for the benefit of ^ot^'^jnt^rfered
any organization now in existence : Provided^ That any com- ^2},^
panics which have been disbanded, or may be hereafter dis- ^^ g. s^-^ 35^2;
banded, 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 dis-
banded are hereby repealed.
Sec. 482. The rules and articles of war, and general regula-
tions for the government of the army of the United States, so
14. — C
2IO CIVIL CODE
A. D. 1902.
R. S.
^~'*'^~^'^~'' far as they are applicable, and are not inconsistent with the
A?tTc^fes*^f Co^^ti^^^io^ ^^^ ^^ws of this State, shall apply to the govern-
the^miHtii^ *°ment of the organized militia of this State; but no punish-
G. s. -153; "^^"^ under such rules and articles which shall extend to the
^82^ ^" x-\fii.| taking of life shall in any case be inflicted, except in time of
^''^- actual war, invasion, or insurrection, 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.
Sec. 483. All ofificers of the militia (except as otherwise pro-
how Appointed vided) shall be appointed and commissioned by the Governor,
move(L°^ ''^' and shall hold office for two years from date of commission.
G. s. 355 ; Commissioned officers of the State volunteer service may be
1900, 'xxfif.', removed from office only by verdict of court-martial, but may
^^^' be suspended by the Commander-in-Chief, pending said court-
martial and until verdict is rendered.
Sec. 484. All field and line officers of the State Volunteer
line o^ffice^rs Troops and National Guard shall be elected by the active mem-
f-!f!! IZ^^bership of their respective companies, battalions and regiments.
1900; xxfii.', The order for said elections shall be issued for the Adjutant
^^^' and Inspector General through and by all intermediate com-
manders, and three managers of election for each company shall
be appointed and duly sworn to conduct said elections. The
said managers to be appointed by commanders of companies,
and the vote taken by ballot. Returns of said elections, duly
signed and sealed by the managers, together with the ballots
and tally-sheets, shall be forwarded direct to the Adjutant and
Inspector General, who will at once announce, through general
orders, the results of said elections as shown by said returns ;
and any notice of contest or protest must be made within five
days from day of election to the Adjutant and Inspector Gen-
eral, whose decision *in such cases, when rendered by him and
sanctioned by the Governor, shall be final.
Sec. 485. The Adjutant and Inspector General, with the ap-
Ruies andproval of the Commander-in-Chief, is hereby authorized to
make such rules and regulations from time to time as he may
1900," xxiii.^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
remain in force until new rules and regulations are approved
and promulgated.
OF SOUTH CAROLINA. 211
— A. D. 1902.
Sec. 486. Commissioned officers shall take rank according " -^
to the date of their commission, and when two of the same tak^°^n°if '^"^
grade bear an even date, the date of previous commission shall q_ s_ ^60;
govern; and if these also be of even date and equal rank, then^^g^- ^iS; -^^•
the rank shall be determined by lot, drawn before the com-
mander of the brigade, regiment, battalion, company or de-
tachment. Nothing in this Chapter shall be construed so as to
vacate the ofifice or change the rank of any officer now holding
commission in the organized militia.
Sec. 487. Staff officers shall be appointed by the commanders bf ^^'whom'^^ap-
of the respective regiments, brigades and divisions, subject to^^'office. *^™
the approval of the Governor, and shall continue in office until q 5. 361;
resignation or removal. fssf,' ''xviii'.',
Sec. 488. Any commissioned officer shall have authority to'^^''' ^^'
administer oaths to military persons, when such may be neces-ed^^S-s^may
sary; and the same penalties shall attach to false swearing in o^tS.* '^ '^ ^^"^
such cases as are now provided by law in case of perjury. q. s. 362;
Sec. 489. All commanding officers of companies, regiments, 694^ uu' ^''
brigades or divisions shall have power to place in arrest any commanding
officer, and order in confinement any non-commissioned officer arresT^n^ of^
or private, who may be under their command ; and persons in private
arrest or confinement must not bear arms during the con-R. s. 42'i;^7&.l
tinuance of such arrest or confinement.
Sec. 490. No officer, non-commissioned officer or private Officers and
privates when
shall be arrested, except for treason, felony or breach of the and how far
exempt from
peace, while going to or returning from, or attendmg upon, any arrest,
military duty, court-martial or court of inquiry which it is his G. s. 364;
■tv. o. ^22\ lb,
duty to attend. §43-
Hickman v. Armstrong, 2 Brev., 176; Gregg v. Summers, i McC, 461; Kirk-
patrick v. Irby, 3 McC, 205; Hunter v. Hunter, i Bail., 646.
Sec. 491. There shall be allowed, in addition to the com- Naval Bat-
talion consti-
panies of the Volunteer Troops of the State of South Carolina tuted.
as now provided by law, not more than four companies of R- Jj^j^^^;
Naval Militia, which shall constitute a battalion, to be known
as the Naval Battalion of the Volunteer Troops of South Caro-
lina.
The officers of this battalion shall consist of a Lieutenant officers, and
their rank ana
Commander, who shall be appointed by the Governor, and pay-
whose rank and pay shall assimilate to that of a Major of in-
fantry, and a staff, to consist of one Adjutant, one Ordnance
Officer, one Paymaster, who shall be the mustering officer, and
one Surgeon, each with the rank of First Lieutenant. They
212
CIVIL CODE
A. D. 1902.
"""■^'^ ' shall be paid the same as battalion staffs in the Volunteer
Troops. There shall also be attached to the staff the following
Petty officers, petty officers : one Master-at-Arms, two Yeomen, one Hospital
Steward, one Chief Bugler, who shall receive the same pay as
the non-commissioned staff of a battalion of infantry.
To each company there shall be one Lieutenant Commanding,
two Second Lieutenants, two Ensigns, to receive the same pay
as Captain, First and Second Lieutenants, respectively, of in-
fantry ; two Boatswain's Mates, two Gunner's Mates, two
Coxswains, two Quartermasters, and forty-four seamen. All
enlisted men of companies shall receive the pay of enlisted men
of companies of infantry of the Volunteer Troops.
The Naval Battalion shall be uniformed as the Commander-
in-Chief shall direct, out of any appropriations for uniforms
instructio n s ^^ supplics for the Voluutccr Troops or Naval Militia, and shall
ois."^^^"'^ be instructed as he may direct, and be subject to the laws and
regulations governing the Volunteer Troops. The duty re-
Duty afloat, qi^ij-ed by law may be performed afloat.
Company of-
ficers.
Pay of
listed men.
Uniform.
ARTICLE IV.
South Carolina Volunteer Troops in the City of
Charleston.
Sec.
492. Board of Field Officers of, a
corporation ; rights, powers
and privileges of. Proviso
as to Marion Square.
Sec.
493. Annual tax for benefit of
companies of said troops ;
how levied, collected, dis-
tributed and applied.
Fourth bri- Scctioii 492. The corporations heretofore known as the
gade — corpora-
tion of, pow- "Board of Field Officers of the Fourth Brigade, South Carolina
ers and pnvi- '-'
leges of, &c. Militia," and subsequently as the "Board of Field Officers
^ G. 3. 365; Fourth Brigade, South Carolina Volunteer Troops," shall here-
^80°' '^•^^■^^' after be known and styled "The Board of Officers of South
Carolina Volunteer Troops in the City of Charleston" ; and
shall consist of the Major or other officer in the City of Charles-
ton commanding the troops hereafter mentioned, and the com-
manding officers of the following companies now forming a
part of the Volunteer Troops of the State of South Carolina
within the limits of the City of Charleston, to wit : the German
OF SOUTH CAROLINA. 213
A. D. 1902.
Citadel Green.
Fusileers, Irish Volunteers, Washington Light Infantry, Ger-
man Artillery, Lafayette Artillery, Sumter Guards and Pal--
metto Guard, and of such one or more of them as shall continue
to exist as such.
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 com-
panies hereinbefore designated.
The said corporation, so composed, shall continue to take,
purchase and hold property, both real and personal, for the
benefit of the companies 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 regulations as
may be prescribed by said corporation. That all of the prop-
erty, real and personal, choses in action and assets of the cor-
poration created by the Act of January 4th, 1894, and its pre-
decessors, is hereby vested in the corporation hereby created
as the successor of the said several corporations : Provided,
however, That the property known as Marion Square, other-
wise 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 desig-
nated : And Provided, further. That the Corps of Cadets of
the State Military Academy shall have the right to use the
said Marion Square, otherwise called the Citadel Green, as a
place for military exercises and recreation, under such regula-
tions as may be prescribed by the Board of Visitors thereof.
The said corporation, hereby created, shall have a common
seal, and shall have the right to sue and be sued in the Courts
of this State.
The said corporation, hereby constituted, is hereby declared, in^'^''%°orporl-
recognized and confirmed as the successor of the original cor- ^°^^ confirmed.
porators ; and all acts done by them, or by any persons heretofore
acting as successors of said original corporators in their cor-
porate capacity as Field Officers of the Fourth Brigade, in
their said several corporate capacities, are hereby confirmed. , ^b^^^i ^^^
Sec. 493. The County Board of Commissioners of Charleston companies of
. Brigade, &c.,
County are hereby authorized and directed to levy an annual^o^ levied,
•^ ^ ■' collected, ais-
tax of one-eighth of one mill on all the taxable property in the ^'"''^j^*^'^ ^^^
City of Charleston, the same to be collected by the County ^^^^ ^^^^
Treasurer of Charleston Countv, for the benefit of, and to be i^S; §47; 1893,
- ' XXI., 481;
1900, XXIII.,
380.
214
A. D. 1902.
CIVIL CODE
paid over to, the Board of Officers of the South Carolina Vol-
unteer Troops in the City of Charleston. The funds arising
from the said lev}' shall be distributed by the said Board among
the companies of the said South Carolina Volunteer Troops in
the City of Charleston, and the Charleston Light Dragoons,
in proportion to the average attendance at such drills and pa-
rades as may be designated by the said Board. The moneys
thus appropriated shall be expended by said companies only
for the purchase of arms, ammunition, equipments and uniform,
and for such other expenses as may be necessary for the mili-
tary efficiency of the said companies ; and the company com-
mander 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 Volunteer Troops in the City
of Charleston, who shall forward 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 said Board to
the commanding officer of the National Guard in the City of
Charleston, to be by him distributed to the companies of his
command in the City of Charleston the commanders of which
for the companies of the South Carolina Volunteer Troops in
the Citv of Charleston.
ARTICLE V.
Arms, Parades, Drills, &c.
Sec.
494. Organized companies to be
furnished with arms, &c.
495. Duty of oflScers respecting
arms.
496. Regulations as to arms, &c.,
in hands of unauthorized
persons, &c.
497. Rewards for restoring arms,
&c.
498. Officers receiving arms ac-
countable for them.
499. Parades, drills, &c. ; how and
when ordered.
500. Penalty for non-attendance,
&c.
501. Powers of commanding ofBc-
ers at.
502. How summoned to, ordinarily.
Sec.
503. Company officer may without
warrant call out his com-
pany.
504. Verbal warning on parade, &c,
when sufficient.
505. Regimental and battalion of-
ficers ; how summoned.
506. Orders read on parade, when
sufficient warning.
507. Officers may be ordered to
meet for instruction and
drill.
508. Persons going to drill, &c.,
exempt from toll.
509. Officers absent from parade,
&c.. to be reported and
court-martialed.
OF SOUTH CAROLINA.
Section 494. Each regularly organized company of the militia
shall be furnished by the State with such arms and equipments companies^^\^o
as are required, upon the written requisition of the command- ^f^j^ arms^l^a
ing officers of such companies respectively, approved by the q §. 366;
regimental commander. The arms and equipments so ^^T^-fis2,^'x4ii'',
nished, together with all other military property which may ^^5" ^'^=-
be furnished to any organization of the militia, shall continue
to be the property of the State, to be used for military pur-
poses only, and to be returned whenever called for by proper
authority.
Sec. 495. Any officer who shall receive, according to the acers ^ respect-
provisions of this Article, any arms, equipments or other mili- .
tary property from the State shall distribute the same to his r. s'. 427 -,^11.',
command as he may deem proper, taking vouchers therefor ; "^ '
and he shall require those to whom they are distributed to
return them at such time and place as he shall order and direct.
Every officer, non-commissioned officer and private of any com-
pany of the militia to whom any arms, equipments or other mili-
tary property shall be so delivered shall be held personally re-
sponsible for its care, safe-keeping and return. He shall use
the same for military 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 forthwith 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 condition as the same were at the time he received
them, reasonable use and ordinary wear thereof excepted.
Sec. 496. The Governor shall call in all arms, equipments Regulations
1 • • 1-1 • 1 1 1 r as to arms,
and munitions which are m the hands of any persons not au- &c., in hands
. , r^ .of unauthoriz-
thorized by law to hold the same. Any officer, non-commis- ed persons, &c.
sioned officer or private who shall, contrary to the lawful order g. s. 369;
, ,, i: . • • 1 • • 1 R- s- 428; lb.,
of the proper officer, retain m his possession or control any 696, §48.
arms, equipments or other article of military property belonging
to the State, 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 command-
ing officer, shall be tried by court-martial and punished as here-
inafter provided. Whenever such military property shall be
found in the custody or possession of other persons, without
right, any commanding officer may take possession of the same.
Sec. 497. In order to facilitate the collection of arms and
2i6 CIVIL CODE
A. D. 1902.
^^"^-v-""^ military property of the State, the Governor is authorized to
res^orin^'arms'^ ^^^^^'^ ^^^ fohowing sums for the restoration of such property,
^ to wit : For every Remington rifle, 50 cents ; for every Win-
R s' 420 -^ib ' ^^^^^^^ rifle, $2.00; for every set of equipments, 10 cents; for
696, §49- every hundred rounds ball cartridges, 10 cents : Provided,
That such arms are not returned by any legally organized body
of troops to whom they were issued.
ceivin""arms ^^^' ^^^' -^^J officer receiving public property for military
them""^'^^^^ ^"'^ ^^se shall be accountable for the articles so received by him,
Q S g^j.and shall not be discharged or allowed to resign from the ser-
697f'§so?' ^^'vice until he has returned to the Adjutant and Inspector Gen-
eral a receipt from his successor in command, or a proper ac-
counting officer, for the articles issued to him, in good order
and condition, or has shown to the Adjutant and Inspector
General, by satisfactory proof, that any article not so accounted
for has been properly expended in the service or injured, lost or
destroyed without any default 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 re-
cover or prosecute for the same. In addition he shall be liable
to make good to the State 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,
in ^aS''%ea°/ ^^^' ^^^' Commaiidcrs of companies shall cause their com-
^G s ^"P^'^^^^ t° parade not less than once in each year; in addition
R. s. 431; ib.^Q such parades, they shall order company drills not less than
twelve times each year. Regimental, brigade and division
commanders 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.
See Section 452.
Punishment gcc. 500. No offlccr, nou-commissioned officer, or private,
for not attend- ' ' i- '
^g^ shall fail in repairing at the time fixed to the place of parade,
R s' ^'a-^/b'*^^^^^' °^ other rendezvous appointed by his commanding officer,
if not prevented by sickness or some other evident necessity, or
shall go from the said place of rendezvous without leave from
his commanding officer, before he shall be regularly dismissed
or relieved, on the penalty of being punished, according to the
nature of his offence, by the sentence of a court-martial.
OF SOUTH CAROLINA. 217
A. D. 1902.
Sec. 501. The commanding- officer at any parade or drill may ""—^N'^'"^
cause those under his command to perform ^^y ^, ^^^j^^^^^^^j °*
field or camp duty he shall require; and, also. "^^^'"^ ^^-
may put under guard, for the day or time of j^/^-g_^- |74,
continuing such parade or drill, any officer, non-com- ^^^f' xvii.,
missioned officer, or private, who shall disobey the order of
his superior officer, or in any way or manner interrupt the ex-
ercises of the day. He may ascertain and fix the necessary
bounds and limits to his parade ground (no road on which peo-
ple usually travel, or more than one-half the width of any street,
to be included), within which no spectator shall enter without
leave from such commanding officer ; and whoever intrudes
within such limits, after being forbidden, or in any way or man-
ner interrupts or molests the orderly discharge of duty of those
under arms, may be confined under guard during the time of
such parade or drill.
Sec. 502. For the purpose of notifying the non-commissioned
officers and privates for any parade, drill, or other rendezvous, moneTto.^"*"
the commandant of each company shall issue his orders, either ' g. s. 375;
by warrant or otherwise, to one or more of his non-commis- ^gg^" ^^'^' "^^"
sioned officers or privates, requiring them, respectively, to warn
all the officers, non-commissioned officers, and privates of his
company to appear at the time and place appointed, armed and
equipped according to law and regulation. Each non-commis-
sioned officer or private to whom such order shall be given, shall
give notice, either verbally or in writing, of such time and
place to every person whom he is ordered to warn ; or, in case
of his inability to find such person, he shall leave a written no-
tice at his usual place of abode or business, with some person of
suitable age and discretion, or shall send the same to him by
mail. The return of such non-commissioned officer or private,
so sworn to, shall be as good evidence on the trial of any person
returned as a delinquent of the facts therein stated, as if such
non-commissioned officer or private had testified to the same
before the court-martial on such trial.
Sec. 503. Any commissioned officer of a company may, with-
out warrant, warn anv or all of the members of his command^ Company of-
ficer may with-
to appear at any parade, drill, or rendezvous. Such warning°^t ^^f^hi*
may be given to them either personally or by leaving a notice, company.
or sending by mail, in the same manner as if given by a non- ^^ '^- ^- .3j6;
commissioned officer, and his certificate shall be received by
any court-martial as legal evidence of such warning.
2i8 CIVIL CODE
A. D. 1902.
^"''^"' See. 504. When a company is paraded, or assembled for any
panjM5^on pa- other purpose, the commanding officer may verbally warn the
sembiedT sum- ^^^^^ ^o appear on some future day, and not more than thirty
Tu r\ ^parade ^^.js f rom such time, which shall be sufficient notice as respects
no7 i^ b"'be' the persons present ; and a record of the names of the officers
day^.^ *^^^*^and privates then present, signed by such commanding officer,
G. s. 377; shall be sufficient evidence of such warning.
1882, XVII.', Sec. 505. The officers and non-commissioned staff officers of
^^^' each regiment or battalion shall be warned to attend at any
be summoned parade or drill in the same manner as is prescribed by law for
mode as ^ pTi^ the Warning of the privates of any company; and the command-
vates.
— ing officer of each regiment or battalion may designate and
R. s'. 437 ;^ib.', order any or all of the non-commissioned staff officers of the
^^' regiment or battalion to perform that duty, who shall make re-
turn thereof to the commanding officer or adjutant of the regi-
ment or battalion, in the same manner and under the same pen-
alty for delinquencies as are by law imposed on non-commis-
sioned officers or privates of companies for similar delin-
quencies,
gade and'regi- Sec. 506. All Commanding officers of regiments, battalions,
mental orders . , 1 -n 1 t • ■ 1 •
may be read or compamcs may, on any parade or drill, read division, bri-
'■ — gade, or regimental orders, and notify the officers and soldiers
R. s. 438; 'ib'.oi their several commands to appear as by such orders required,
which notice shall be a sufficient warning to all persons present.
n o n -"cf omm?s- Scc. 507. The Commanding officer of any division, brigade,
may^ be °orde" regiment, or battalion, may require the commissioned officers
tion^and^drHL and non-commissioued officers of his command to meet for in-
G. s. 38o;Struction, 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 instruction, without
regard to rank, and shall be thoroughly instructed in the man-
ual of arms, the school of the soldier and the company, and in
such other theoretical and practical details of duty as the said
commanding officer shall deem proper.
Persons "^o*
ing to drHi, Scc. 508. Any person belonging to the military forces of
free of toll, this State, going to or returning from any parade, drill or
G. s. 381; meeting, which he mav be appointed by law to attend, shall,
R. S. 440; lb. , . , 1 . ' ,-'.,. - ,
together with his conveyance and the military property of the
State, be allowed to pass free through all toll-gates and over
all toll-bridgfes and ferries.
OF SOUTH CAROLINA.
Sec. 509. Within ten days after any parade, drill, or rendez-
vous of any battalion or regiment, the adjutant shall report to j.ep'^rl^lir ab°
from
regi-
bat-
within
the commanding- officer the names of all line or staff officers ab- dr?i?^of
sent therefrom ; and the commanding officer shall order a court- ^f^^^ °'
martial to pass upon such delinquencies. And at any company ten days.
parade, drill, or rendezvous ordered by battalion commander, j^^' 441;"' /I
or by law, absence of officers shall be reported to the regimental
or battalion commander by the company commander, and the
delinquents court-martialed, as above provided.
ARTICLE VI.
Courts-Martial and Courts of Inquiry.
Sec.
510. When officer may be artested
and tried.
511. Courts-martial for trial of
commissioned officers ; how
composed.
512. Powers and duties of.
513. Courts of inquiry ; how con-
stituted ; purposes and du-
ties of.
514. Courts-martial for trial of
non-commissioned officers
and privates ; how appoint-
ed ; jurisdiction.
515. Trial must be on written
charges ; proceedings, &c.
516. Proceedings ; to whom for-
warded.
517. Secrecy imposed on members
of Court.
518. Who to preside ; dress of
members, &c.
519. Powers of Courts during ses-
sion.
Sec.
520. May issue subpoenas and com-
pel attendance of witnesses.
521. Marshal ; appointment of ;
duties ; bond.
522. Execution for fines and pen-
alties ; by whom issued and
to whom directed.
523. How execution must be en-
forced ; penalty for failure
or refusal.
524. Pay of Marshal.
525. Fees of officers for execution
of process.
526. Offenses, and fines and penal-
ties therefor.
527. How and to whom fines and
penalties collected must be
paid ; how appropriated.
528. Regimental Paymaster ; bond ;
duties of.
Section 510. Any officer who neglects to perform the duties of
his office, or to obey the rightful orders of his superiors, or who when officer
is guilty of conduct unbecoming an officer and a gentleman, or ed and tried.
who violates any of the provisions of this Chapter, may be put g. s. 383;
under arrest by his superior officer and tried by a court-martial, i 8 8 2,' xvii',
Sec. 511. All courts-martial for the trial of commissioned of-
ficers shall consist of not less than five nor more than thirteen
officers, and in all cases a majority of the court shall be of not
lower rank than the accused. Regimental commanders shall
220 CIVIL CODE
A. D. 1902.
^""'"'"^^"^ have power to appoint regimental courts-martial for the trial
nai^°or^"Sm- ^^ ^^^ officcrs, except field officers, of their respective regiments,
missioned offic- jj^ ^j^ cascs whcrc the regimental commander is the accuser,
ers; now com- =>
posed. a^j^(j fQj- thg trial of all other officers within their respective
R s' ^' .^Ib' commands, the commander of brigades shall have power to
§^3- order general 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 division commander. For a
trial of a brigadier or major general, courts-martial shall be
ordered by the Commander-in-Chief.
Generally.— Macon v. Cook, 2 N. & McC, 379; State v. Wakeley, 2 N. & McC,
412; State V. Stevens & Evans, 2 McC, 32; State v. Hopkins, Dudley, no; Ex
parte Biggers, i McM., 69. Power o£ State Courts as to. — Wakeley v. State, 4
N. & McC, 410; Macon v. Cook, 2 N. & McC, 379; State v. Stevens & Evans, 2
McC-; 32 State v. Hopkins, Dudley, loi; in re Brig. Gen., i Strob., 190; Thomas
v. Raymond, 4 S. C, 347.
Powers and Scc. 512. Courts-martial may sentence an officer convicted
duties of. i^y "Ccitx^ to be punished according to the nature and degree of
R. % f44;^/b!the offence, and according to military usage; but in time 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 ex-
ceeding one hundred dollars. Officers cashiered by sentence of
a court-martial shall be precluded thereby from again volun-
teering into the military service of the State, except the sen-
tence be remitted by the Commander-in-Chief.
Sec. 513. Courts of inquiry, to consist of three officers and a
^Courts °fjj^^ ju(jg.g advocate, may be instituted by the Commander-in-Chief,
constituted. ^^ ^^ ^^^ Commanding officer of a division, brigade, or regi-
R. %. %<,fi^. ment, in relation to those officers for whose trial they are autho-
rized to appoint courts-martial, for the purpose of examining
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 estabHshing good order and discipline. Such court of in-
quiry shall, without delay, report the evidence adduced, a state-
ment of facts, and, when required, an opinion thereon, to the
officer instituting such court, who may, in his discretion, there-
upon appoint a court-martial for the trial of the officer whose
How non- ^ '^ '^
CO m missioned couduct shall havc bccu inquired into.
officers and ^ . _ , .
privates are ggc, 514. Yox the trial of non-commissioncd officers and pri-
tried.
s ^vates, regimental commanders may, at any time, appoint a
\c ^- vif^T ^ court-martial for their respective regiments, such courts to con-
1882, XVII., '^ °
701.
OF SOUTH CAROLINA. 221
A. D. 1902.
sist of at least three commissioned officers. The court, when "^"^"v^
organized, shall have the trial of all ofifences, delinquencies and
deficiencies that occur in the regiment for which it shall have
been appointed.
Sec. 515. No officer, non-commissioned officer, or private, on ^wr\ t°t J'n
shall be tried except on written charges and specifications. The ^^^^^ff^
arraignment of the accused, the proceedings, trial, and record, r. % 447;^il!
shall, in all respects, conform to the forms and requirements
of the United States law and practice of courts-martial, except
as herein otherwise provided.
Sec. 516. The proceedings and sentence of a court-martial of cou°rV^be
shall, without delay, be transmitted to the officer ordering the -°—^^^
court, or to his successor in command, who shall, within fifteen r. s. 448-^1%'.
days thereafter, approve, disapprove, commute, or remit the
sentence, and issue his order thereon ; and he shall also trans-
mit such proceedings and sentence, with his action thereon, to
the Adjutant and Inspector General, to be filed in his office.
Sec. 517. Every member of the court-martial shall keep se- posed.'^^'^^ ^"^
cret the proceedings and sentence of the court until the same g. s. 390;
shall be approved or disapproved or otherwise acted upon ac-
cording to law, and shall keep secret the vote or opinion of any
particular member of the court, unless required to give evidence
thereof by a court of justice in due course of law.
Sec. 518. The president of every court-martial or court of pJ^sM I n^" of
inquiry shall be the member of the court senior in rank, who, ^^^ Court.
besides his duties and privileges as a member, shall be the organ r. s. 45o;^i&!
of the court to keep order and conduct its business. In his ab-
sence the senior officer present shall preside, with all the pow-
ers of the president. All the members of such court shall, when
on duty, be in full uniform ; and the court may sit without re-
gard to hours, and may adjourn, from time to time, as may
be necessary for the transaction of business.
Sec. 519. Courts-martial and courts of inquiry are authorized c^u^r ^during
and empowered to preserve order during their sessions ; and ^^^^^°"'
any person or persons who shall be guilty of disorderly, con- r.^s. ^551^;/!'.
temptuous or insolent behavior in, or use any insulting or con-
temptuous or indecorous language or expressions to or before,
any such court, or any member of either of such courts, in
open court, intending to interrupt the proceedings or to impair
the respect or authority of such courts, may be committed to
the jail of the County in which said courts shall sit, for a time
222 CIVIL CODE
A. D. 1902.
'"''"^■'' ' not exceeding twelve hours, by warrant under the hand and
seal of the president of such court.
^^7 il^Ji^ Sec. 520. Courts-martial and courts of inquiry shall issue
subpoenas and t- •■
ance'^^of "^it- ^^^P^^^^ ^°^ ^^^ witucsscs whosc attendance at such court
^^^^^^- may, in their opinion, be necessary in behalf of the State, and
R ^" 452 ;^ib ' ^^^'^' '^^ application, for all witnesses in behalf of any officer
702, § 72. charged or accused, or persons returned as delinquents ; and
may direct the commandant of any company to cause such
subpcena to be served on any witness or member of his com-
pany. Such court shall also have the power of courts of com-
mon law to administer the usual oath to witnesses, and to com-
pel witnesses to appear and testify, by attachment, fine and im-
prisonment; and all Sheriffs, jailers and Constables must exe-
cute any process issued by such courts for any of the aforesaid
purposes.
Marshal; ap- gg^ 52^^ jj^g president of anv court-martial or court of
pointment of; J^
duties; bond, inquiry may appoint, by warrant, under his official signature,
R ^' 4S3-^ib'^^^ °^ more marshals, who shall, when required, execute any
§ 73- 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. The marshals
so appointed shall, before entering upon their duties of collect-
ing fines and penalties, execute bonds and sufficient securities,
to be approved by the President of the court appointing them,
for the faithful performance of their duties.
Execution for gee. 522. For the purposc of Collecting auv fines or penalties
fines and pen- r r o . j,^
aities;_ b y i^iposcd bv anv court-martial authorized bv this Article, the
whom issued r- . , - ^
and to whom pj-esi(jent of the court shall, within thirtv davs after the fines
directed. '^ ' - - _
— ^— ^ :or penalties have been imposed and approved, issue an exe-
R. s. 454; lb., cution or warrant, under his official signature, directed to anv
8 74- . . '
marshal of the court, or to all and singular the Sheriffs and
Constables of the State, thereby commanding them to levy such
fines and penalties, together with the costs, on the goods and
chattels of such delinquent.
State V. Wakely, 2 N. & McC, 412; State v. Stevens and Evans, 2 McC, 32;
Carr v. Scott, Riley, 193; Cam v. Mikel, 5 Rich., 247.
How execu- gec. 523. Evcry marshal, Sheriff or Constable to whom
tion must be ^
enforced; pen- any such Warrant or execution shall be directed and delivered
alty for fail- -^
ure or refusal, must cxecutc the samc by levying and collecting the fines and
G. s. 396; penalties, and make return thereof to the officer who issued
R. S. 455; lb., ^
§ 75- the same within sixty days from the receipt of such execution
or warrant, paying over the amount collected to the proper
OF SOUTH CAROLINA.
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
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.
Sec. 524, Out of the fines and penalties imposed by court shaL^ °
martial, and collected, there shall be paid, upon the certificate g. s. 397;
of the president of such court, approved by the officer ordering 703, '§^^6.' "
the same, to every marshal appointed by any such court, one
dollar for every day actually employed in the execution of the
duties required of him.
Sec. 525. For executing process, or performing any service acers^^for
Fees of of-
■s for exe-
required by the provisions of this Article, Sheriffs and Con- l^ll°^ °^ ^^°'
stables shall be entitled to the same fees as they are allowed q g ^g^.
by law for similar services in civil or criminal cases. Marshals, f^f; '^''^'' ^^■'
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.
Seastrunk v. Rice, Chev., 71.
Sec. 526. Every officer, non-commissioned officer, or private, fines ^ancf pen-
shall, on due conviction by any court-martial, be subject for the^ ereor^
following offenses to the fines and penalties thereto annexed : r. s. 45'8;^/ib.'
1. In time of peace, every commissioned officer, for disobedi- ^ '
ence of orders, neglect or ignorance of duty, conduct unbecom-
ing an officer and a gentleman, or prejudicial to good order and
military discipline, or neglecting to comply with or violating
any of the provisions of this Article, shall be cashiered, dis-
qualified from holding any military commission, fined to an
amount not exceeding one hundred dollars, or reprimanded,
or be sentenced to all or either of such fine and penalties,
within the discretion of the court.
2. Every commissioned officer, for non-attendance at any
parade, drill, or place of rendezvous, a fine of not less than
three nor more than twenty dollars.
3. Every non-commissioned officer and private, for non-ap-
pearance, when duly warned, at any company parade, inspec-
tion, muster, or drill, a fine of one dollar; for non-appearance
224 CIVIL CODE
A. D. 1902.
"^^"-^^^"^ at a regimental or battalion parade, inspection, or drill, a fine
of two dollars ; for disobedience of orders, or disrespectful or
insubordinate conduct, a fine of not exceeding ten dollars.
4. Every officer, non-commissioned officer, or private, for
neglecting or refusing to obey the orders of his superior officers
on any day of parade, drill, or inspection, or to perform such
military duty or exercise as may be required, or departing from
his colors, post, or guard, or leaving his place or ranks without
permission, a fine of not more than twenty nor less than three
dollars.
5. Every officer, non-commissioned officer, or private, for
neglecting or refusing to obey any order or warrant to him
lawfully given or directed, or to make a proper return thereof,
or neglecting or refusing, when required, to summon a delin-
quent before a court-martial, a fine of not more than twenty
nor less than three dollars.
6. Any officer, non-commissioned officer, or private, who
shall neglect or refuse to surrender or deliver up, upon demand
of his commanding officer, any arms, equipments, or other
military property of the State that may be in his possession,
shall be fined not more than one hundred dollars nor less than
ten dollars ; and any ofticer may take possession of such mili-
tary property wherever the same may be found.
7. Every non-commissioned officer or private appearing at
any parade, drill, inspection, or review, deficient in arms, equip-
ments, or uniform, or in unserviceable or bad condition, if
from his own neglect, a fine of one dollar. In addition to, or
in lieu of, the fines herein specified, the offender shall be liable,
in the discretion of the court, to be dishonorably discharged
from the command to which he belongs.
Fines and gec. 527. All fiucs and penalties collected from anv officer,
penalties. ' 1 11 1
— ;; — -non-commissioned officer, or private of a regiment, shall be
G. S. 400; ^ .
^■oo^- 4 59; paid bv the officer collecting the same to the pavmaster ot the
I 8 S 2, XVII., "^ - "^
704. regiment to which the person so fined belonged, and shall con-
stitute a portion of the military fund of such regiment, which
shall be disbursed by order of the commanding officer of such
regiment: Provided, That in case of members of unattached
companies, fines shall be paid to the commanding officer, for the
use of said company. All fines and penalties collected from any
other commissioned officer 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.
OF SOUTH CAROLINA.
How collect-
Sec. 528. For each regiment there shall be appointed a pay-
master, who shall receive all fines and penalties collected and ^^
payable to such regiment. He shall give a bond in the sum of — ^ — g :
two hundred dollars for the faithful discharge of his duties,^- ^- ^So; ib.
with one or more sureties, to be approved by the commanding
officer of the regiment for which he is appointed. Each pay-
master shall be compelled to account, at least once in twelve
months, and oftener if required, to the commanding officer of
the regiment of which he is paymaster, which accounts shall
be subject to the inspection of the Brigadier General, Major
General, and Commander-in-Chief, respectively. A copy of
said accounts shall be forwarded to the Adjutant and Inspector
General, to be filed in his office.
State V. Stevens & Evans, 2 McC, 32.
TITLE V.
OF COUNTIES.
CHAPTER XVII.
Of Counties and Their Corporate Powers.
Sec. [ Sec.
529. Division of State Into Coun- i 541.
ties ; each County a body |
politic. 542.
530. Abbeville County ; location
and boundaries. 543.
531. Aiken County ; location and
boundaries. 544.
532. Anderson County ; location
and boundaries. 545.
533. Bamberg County ; location
and boundaries. 546.
534. Barnwell County ; location
and boundaries. 547.
535. Beaufort County ; location
and boundaries. 548.
536. Berkeley County ; location
and boundaries. 549.
537. Charleston County ; location
and boundaries. 550.
538. Cherokee County ; location
and boundaries. 551.
539. Chester County ; location and
boundaries. 552.
540. Chesterfield County ; location
and boundaries. 553.
Clarendon County ; location
and boundaries.
Colleton County ; location
and boundaries.
Darlington County ; location
and boundaries.
Dorchester County ; location
and boundaries.
Edgefield County ; location
and boundaries.
Fairfield County ; location
and boundaries.
Florence County ; location
and boundaries.
Georgetown County ; location
and boundaries.
Greenville County ; location
and boundaries.
Greenwood County ; location
and boundaries.
Hampton County ; location
and boundaries.
Horry County ; location and
boundaries.
Kershaw County ; location
and boundaries.
I5--C
226
CIVIL CODE
A. D. 1902.
Sec.
554. Lancaster County ; location
and boundaries.
555. Laurens County ; location and
boundaries.
556. Lexington County ; location
and boundaries.
557. Marion County ; location and
boundaries.
558. Marlboro County ; location
and boundaries.
559. Newberry County ; location
and boundaries.
560. Oconee County ; location and
boundaries.
561. Orangeburg County ; location
and boundaries.
562. Pickens County ; location and
boundaries.
563. Richland County ; location
and boundaries.
564. Saluda County ; location and
boundaries.
565. Spartanburg County ; location
and boundaries.
566. Sumter County ; location and
boundaries.
567. Union County ; location and
boundaries.
Sec
loca-
and
568. Williamsburg County ;
tion and boundaries.
569. York County ; location
boundaries.
570. Property of County.
571. Public officers having care of
public buildings may insure
the same.
572. County property esempt from
levy and sale.
573. New Counties ; notice of in-
tention to form.
574. Petition for new Counties.
575. Election for ; how ordered.
576. Election for ; how conducted.
577. Result of election ; how de-
clared.
578. When the General Assembly
shall establish a new Coun-
ty.
579. How Court House may be
moved.
580. How County line may be
changed.
581. How two Counties may con-
solidate.
Division of Section 529. The State of South CaroHna is divided into
State into
Counties; each fortv iudicial districts, called Counties. Each Countv is a bodv
County a body - -' ' - ^
p°ii"g- politic and corporate, for the following purposes : To sue and
R ^'s ^' '^eV- ^^ ^^^^ •• ^° purchase and hold, for the use of the County, lands
I 8 6 8, ^xn\,g^^^ personalty within the limits thereof; to make all contracts,
xviL, 682. ^j^(^ ^Q (Jq q]i acts in relation to the property and concerns of the
County necessary thereto.
May sue on official bond. — Greenville County v. Runion, 9 S. C, I; Chester v.
Hemphill, 29 S. C, 584; 8 S. E., 195; Aiken Co. v. Murray, 33 S. C, 508; 14 S.
E., 954. Suit on claim must be before Board of County Commissioners. — ^Jennings
v. Abbeville County, 24 S. C, 543. When actions e.v delicto may be sued in Court
of Common Pleas. — Acker v. Anderson County, 20 S. C, 495; Jennings v. Abbe-
ville County, 24 S. C, 543; Chick v. Newberry County, 27 S. C, 419; 3 S. E.,
387; Laney v. Chesterfield County, 29 S. C, 140; 7 S. E., 56. How name pleaded.
— County of Richland v. Miller, 16 S. C, 241. Judgment against Charleston
County does not carry costs, under Funding Act of 1S78. — Holmes v. County of
Charleston, 14 S. C, 146. Account audited does not bear interest. — lb.; Wheeler
V. County of Newberry, 18 S. C, 135. Contracts must be made by County Com-
missioners alone. — OstendorfE v. 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. — OstendorfT v. County Commission-
ers, 14 S. C, 407. Remedy by mandamus. — Wheeler v. County of Newberry, 18
S. C, 135; Duke V County of Williamsburg, 21 S. C, 416; Hunter v. Mobley, 26
S. C, 192; I S. E., 670. As to County bonds. — State v. R. R., 13 S. C, 290;
Duke v. County of Williamsburg, 21 S. C, 416; Lancaster v. R. R., 28 S. C, 134:
5 S. E. 338. As to line fence. — County Commissioners v. County Commissioners,
18 S. C, 598. There is no statute providing for th« payment by a County in
which a crime is committed of the cost and expenses of the trial therefor in an-
OF SOUTH CAROLINA. 227
A. D. 1902.
other County to which the venue has been changed. — Kershaw County v. Richland ^ ■/
County, 61 S. C, 75, 39 S. E., 263.
Sec. 530. ABBEVILLE COUNTY is bounded as follows: Abbeville
On the southwest by the Savannah River, by which it is sep- tion and boun-
arated from Georgia; on the northwest by Anderson County, '■
G. S 4-04. '
from which it is separated by a line (the old Indian boundary) R. s. 462; iv.',
drawn from a marked black-gum, on the east bank of the 199! § 2; 252!
Savannah River, at the foot of Grape Shoals, (north 50° east,) x x i i., 60s;
1S98 ; lb., 896.
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 drawm 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.
See Boundaries of Greenwood County. — Post, 550.
Aiken Coun-
Sec. 531. AIKEN COUNTY is bounded as follows: Onty; location
and boundar-
the northwest by Edgefield and Saluda Counties, from which ^ff^
it is divided bv a straight line commencing at the mouth oij^-, 661,664;
° ° v., 478, 506;
Fox's Creek, where it empties into Savannah River, and run-^^-' 473; vii.,
^ 199, 248, 201,
ning thence to where the south branch of Chinquepin Falls|^.4;^^?^igV.,
Creek (a tributarv of the North Edisto River) intersects the ^^^e, xxii.,
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 between Lexington
and Orangeburg Counties (running from Big Beaver Creek
to the North Fork of the Edisto) touches said river; on the
southeast by Orangeburg 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 Assembly, approved 14th March, 1874; on the •
southwest by Georgia, from which it is separated by the
Savannah River.
Sec. 532. ANDERSON COUNTY is bounded as follows: Anderson
On the northwest and north by Oconee and Pickens Counties, tion and boun-
from which it is divided by a line commencing at the mouth- — —
. . G. S. 406;
of Cane Creek, on Tugaloo River, and running thence to the R- s. 464; i-,
. 196; VI., 39.
point where Eighteen Mile Creek is crossed by the road leading 289, 341; vii.,
from Pendleton to Hasfood's Store, thence to the mouth of
s8o
228 CIVIL CODE
A. D. 1902.
^— '■v^"^ 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 southeast 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. & P.," on the south side of Saluda
River; on the southwest by the State of Georgia, from which
it is separated by the Savannah River,
co^tft^^foca^ Sec. 533. BAMBERG COUNTY is bounded as follows:
ries.' ''°""'^^" Beginning at a point in the middle of the stream of Salke-
7, XXII. hatchie River where George's Creek enters said river, and
running due north up said stream by Rush's ]\Iill 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 proposed County of
Bamberg made bv J. S. IMixon & Son, December ist, 1896.
county- ''loca- ^60. 534. BARNWELL COUNTY is bounded as follows :
daries°'^ ^°"'^" ^n the northwcst by Aiken County, from which it is divided
G. .s. 40-- ^3' ^ ^^^^ beginning at the point upon the Savannah River,
^64f'vn.', log' below the mouth of the Upper Three Runs Creek, as established
6 9 s'; "^x v!' by ^be survey of J. Seth ]\Iixon, under Act approved March 14,
xxii., ^lo^ ^' 1874^ and following said line to A. J. Weathersbee's old mill ;
thence to South Edisto River, in the direction of the point on
the North Edisto River (mouth of Cedar Branch) v/here the
line between Orangeburg and Lexington Counties, drav,m 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 northwest 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 Alatthews Bluff,
on Savannah River, separating it from Hampton County ; and
on the southwest by the State of Georgia, from which it is
separated by the Savannah River.
OF SOUTH CAROLINA.
Sec. 535. BEAUFORT COUNTY is bounded as follows:
West and southwest by the State of Georgia, from which it is c^anty^ ^loca-
separated by the Savannah River ; south and southeast by the darlet"'^ ^°^^
Atlantic Ocean, including in the County all the islands along ^^ g. 408;
the coast from the mouth of the Savannah River to St. Helena vii^^iggt 25^1'
Sound; northeast by Colleton County, from which it is sep-^yf^; 375/^'
arated by St. Helena Sound and by the Combahee and Salke-
hatchee Rivers ; and north by the centre of the track of the
Savannah and Charleston Railroad, separating it from the
County of Hajnpton, which was formerly a part of Beaufort
County.
Sec. 536. BERKELEY COUNTY is bounded as follows : gBoundaries^of
Eastwardly, northeastwardly and north by the Santee River, ;^^j
separating it from the Counties of Georgetown, Williamsburg j^^-gS- 409;
and Clarendon; north also by Orangeburg County; west and^^^a, ^^^^g-
northwestwardly by Dorchester County ; south and southwest- ^g^^^ |y^ ^09;
wardly 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.
Sec. 537. CHARLESTON COUNTY is bounded as f ol- co„St$!'^?o<^"
lows : By a line beginning at the mouth of the South Edisto I'aries."^ ^'^^'^'
River where it empties into the Atlantic Ocean, and following q §_ ^^^.
up said river to the Dawho River ; thence by the Dawho River fg^^^ ^^ ^^ j^|
to its intersection with the North Edisto River; thence by the^xii^, 3:0.^^'
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 Half-
way 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
CR'IL CODE
down the South Santee River to the ocean to the Hne 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 be-
ginning at the mouth of South Edisto River.
Counu-;°k>ca! ^60. 538. CHEROKEE COUNTY is bounded as follows:
and boundaries Beginning at the mouth of Brown's Branch and running up
-Ji^'' "^■^■'■^■' branch 76.60 chains to near where G. W. Webster now lives,
placing him in new County; thence S. y^. W. 66.23, to rock
X. E. corner lot of Pacolet ^Manufacturing ^Company, at
Brown's old mill; thence X. 63, W. 15.70, with line of said
company's lot to rock; thence S. 45, X'. 5.73, to maple; thence
same course 87 links to Pacolet River; thence with said river
up stream 7.36 to stake on Pacolet; thence X. 16 W., leaving
H. L. C. ]\Iurphy in old County, Hammett in new
County, Hammett school house near cross roads in
old County, Miss ^lary Brown in new County, 509.80 chains to
stake one mile east of town of Cowpens ; thence X. 24, W. 64
chains to line of Limestone township ; thence west with Lime-
stone township 80 chains to southwest corner of said township ;
thence X. 116.80 chains with line of Limestone township to
marked line running X'. 24 W. ; thence X'. 24 W'., leaving Joel
Petty and Cleveland Gossett in old County, passing through
house of J. G. Powell, leaving Andy X'orton in Spartanburg
County, also house of ]\Irs. Price, placing
Cash's house. Fate Martin in new County, passing through
the store room of Finch ^lartin, but leaving his dwelling
house in old County, leaving John Walker and ^Irs. Cudd in
Spartanburg County, 785.65 chains to stake on X'orth Carolina
line; thence with said line crossing Broad River, and con-
tinuing to corner of Cherokee Township, 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 opposite Pacolet River; thence
up Pacolet River to opposite Brown's Branch, beginning point.
Under the Act creating this County, the Courts of the Counties formerly em-
bracing this territory lost jurisdiction over persons residing in the new County. —
Riddle v. Reese, 53 S. C, 198; 31 S. E., 222.
Chester Coun- gcc. 539. CHESTER COUXTY is bounded as follows : On
ty; loc a 1 1 o n
and boundaries ^j^g north by 3. line beginning at a hickory tree, on the southwest
G. s. 411; side of the Catawba River, about ten chains above the mouth
K. S). 4 o 9; '
IV., 662; \".,
317; VII., 284.
OF SOUTH CAROLINA. 231
A. D. 1902.
of Ferrill's Creek, and running (nearly south 80° west) by an ^«-»-v*^
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.
Sec. 540. CHESTERFIELD COUNTY is bounded as fol- countyf S
lows : On the north by the North Carolina line ; on the east daries"^ ''°"''"
by Marlborough County, from which it is separated by Great q. g. 412;
Peedee River; on the south by Darlington County, from which p;^., 662; Vii.',
it is divided by Cedar- Creek, commencing at its mouth, where xff., ^785.^ '^'
it enters into the Great Peedee, 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.
Sec. 541. CLARENDON COUNTY is bounded as follows -ciar e n d o n
County; loca-
On the north and northwest by Sumter County, from which it tion and boun-
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 ^.X., 1^6^;
corner; thence (north 76° east) five hundred and twenty chains 507; ib.. 517-
to a post on the Vance's Ferry road; thence (north yy" east)
three hundred 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 86j4° east) sixty-three chains to a
post on the Salem Road; thence (north 52° east) two hundred
chains to a black gum corner; 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 direction until it intersects a line dividing it on the
southeast from Williamsburg County, said line being the old
District line running (south 22>4° west) until it intersects the
G. S.
413;
R. S. 471;
; iV.,
662, VII.
, 199.
261; Xll.
, 416,
611, § i;
18S8,
CIVIL CODE
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 and Orangeburg Counties.
CountJJ'Lca"^ Sec. 542. COLLETON COUNTY is bounded as follows:
uon^and boun- On the northeast by Dorchester County, from which it is
G. s. 414; divided by the Edisto River down to Parker's Ferry, and by
VII., ip9fi84;'the public road running from said ferry to a public landing
llY;' if .^580." '^^own as Lowndes' Landing to Rantowles Creek; on the east
by Charleston County; on the southwest by Hampton County,
from which it is separated by the Salkehatchie River, and by
Beaufort County, from which it is separated by the Salke-
hatchie 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 drawn from Nel-
son's Ferry, on the Santee River, to Matthews' Bluff, on the
Savannah River.
Darlington Scc. 543. DARLINGTON COUNTY is bounded as fol-
County; loca-
tion and boim- lows : On the southeast by Lvnch's River, beginnine at the
danes. , ^ _ . ^ & &
— - — mouth of Little Lynch's River, thence down Lynch's River to
G. b. 415; -^
Rg^s.^7^; IV., Sanders' Bridge, thence by an air line running to the point
261,' 2S4;'^iU where the Cheraw and Darlington Railroad crosses High Hill
xx.,'i6S; 1889,' Creek, thence down High Hill Creek to its confluence with
A.A., 507't 10.,
^17- Black Creek, thence up Black Creek to Muse's Bridge, thence
following the direction of a straight line running from Muse's
Bridge to Cashua Ferr}^ 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 southernmost branch to the head of the said
branch, and thence by direct line (south 51° 45' west) to the
place of beginning.
co^nty^'^ioc'a- ^^^' ^^' DORCHESTER COUNTY is comprised of all
darier*^ '^°^^" that territory formerly a portion of Colleton County comprised
1897, XXII., ^^ ^^^ townships of George, Koger, Carn, Burns, Givhans,
S9S. Dorchester 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 pubHc landing known as
Lowndes Landing, upon Rantowles Creek, and all that portion
formerly of Berkeley County included within the following
lines, to wit : 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
OF SOUTH CAROLINA.
northeast of the South CaroHna 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 northeast by Berk-
eley County, from which it is separated by the Four Hole
Swamp from the intersection of said swamp with the old dis-
trict line (drawn from Nelson's Ferry, on the Santee River, to *
Matthews' Bluff, on Savannah River) to the intersection of
the run of said swamp with the old County line between Col-
leton and Berkeley Counties ; and by a straight line running
thence to a point upon Saw Mill Branch one mile northeast
of the South Carolina and Georgia Railroad, 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 Charles-
ton County, from which it is separated by the old division line
between Charleston and Colleton Counties to Lowndes' Land-
ing, 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 in-
tersection of said river with the old district line drawn from
Nelson's Ferry, on Matthews' Bluff ; and on the northwest by
Orangeburg County, from which it is separated by said last
mentioned district line.
Sec. 545. EDGEFIELD COUNTY is bounded as follows -Edgefield
County; loca-
On the southwest bv the Savannah River, by which it is sep- tion and boun-
-^ danes.
arated from the State of Georgia; on the northwest by Abbe- ^ ^
° , ^ G. S. 416
ville County, from which it is separated by a line drawn from ?; ^■^?'*' -^X-
the mouth of Little River north 34° east fourteen miles and Y 1 1., 196
^^ X I v., 6 9 s
sixty chains to a point, and thence north 40° east until it inter- x x i^l, 248
sects the Greenwood County line ; on the northeast by Green-
wood 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 Chin-
quepin Falls Creek (a tributary of the North Edisto River)
is intersected by the dividing line between Lexington and
Saluda Counties.
For division line from Greenwood and Saluda see boundaries of those Counties
in Sees. 550 and 564.
CIVIL CODE
Sec. 546. FAIRFIELD COUNTY is bounded as follows:
County;^ 'loca^ On the north by Chester County, from which it is divided by
dafiel!^'^ ^°^^' ^ ^^^^ running from the mouth of Rocky Creek, on the Catawba
G. s. 417; ^^ver, to the mouth of Sandy River, on Broad River; on the
662?' t^.f'1^7; west and southwest by Broad River, by which it is separated
VII., 199, 284. f j-Qj^ ^i-^g Counties of Union, Newberry, and Lexington ; 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 Air. Shaffer (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.
co^unt°y;'?oca^ Scc. 547. FLORENCE COUNTY is bounded by a line, be-
tion and boun- .. joi'-r->-i t -'-r-.-
daries. gmnmg at bander s Bridge, on Lyncn s River, running an air
R. s. 476; line to the point v/here the Cheraw and Darlington Railroad
1 68; ' 188 gl 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 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 confluence 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 westward to the Williamsburg and Clarendon
County line, so as to embrace twenty-eight square miles of the
territory of Williamsburg County, thence following said Clar-
endon and Williamsburg County line in a southwesterly direc-
tion to its intersection 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 Sander's Bridge, the beginning
corner.
OF SOUTH CAROLINA.
See. 548. GEORGETOWN COUNTY is bounded as fol-
lows : On the north and northeast by Marion and Horry county^^^locJ^
Counties, from which it is separated as follows : from Marion daHes"^ ^°"'^'
County by the Great Peedee River, from Britton's Ferry to g. s. 418;
its junction with the Little Peedee River; from Horry County e^gj^" \l''^^y\
by the Great Peedee River, from its junction with the Little |''f; ^^^■' ^^^'
Peedee 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 mile below Prince's Creek, and thence by
a line running (north 86^^° east) five miles and sixty-seven
chains, to a cedar post on the sea-shore, planted at low water
mark; on the southeast by the Atlantic Ocean, including all
the islands betv/een 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 Peedee.
Sec. 549. GREENVILLE COUNTY is bounded as follows : cSuJ/;"":^^^.
On the north by the North Carolina line ; on the east and south- dadet."'^ ''°"""
east by Spartanburg and Laurens Counties, from which it is q §_ ^^g.
divided as follows : from Spartanburg County, by a line com- vii.f245f I84!
mencing 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) twent3^-two miles and sixty- four
chains, or until it intersects the Enoree River at Abner's Mill ;
thence down the Enoree River to a point about one mile and
three-quarters below Anderson's Bridge (the corner of Green-
ville 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 run-
ning 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.
Sec. 550. GREENWOOD COUNTY is bounded as M- c^^^ty^'''''°°^
lows : That is to say, beginning at the middle line of Saluda 1S97, xx]i.,
River at the northeast corner of Saluda County, thence along g^' 1898, ib..
the line of Saluda Countv to its northwest corner on Mountain
CIVIL CODE
Creek, thence a straight line to the middle line of Shinburg
Bridge on Cuffa Town Creek, thence down the middle line of
Cuff a 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 llocky Creek to the Abbe-
ville and Edgefield County line, thence north 33 degrees west
to mile post on public road leading from Troy to McCormick
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 de-
grees two miles and three-quarters, thence northeast 42 degrees
two miles, thence northeast 27 degrees 50 minutes two miles,
thence northeast 13 degrees 20 minutes two miles, thence north-
west I degree two miles, thence northwest 15 degrees 10 min-
utes two miles, thence northwest 29 degrees 20 minutes two
miles, thence northwest 43 degrees 35 minutes two miles, thence
northwest 57 degrees 45 minutes, one and one-fifth miles, to
post four hundred feet (400) north of Douglass' Mill Bridge
on Long Cane Creek, thence north 7 degrees west to division
line between Long Cane and Cokesbury Townships, 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 division
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,
count^^ioci^ Sec. 551. HAMPTON COUNTY is bounded as follows:
daHet"^ ''°""' On the northeast by Colleton County, from which it is sep-
G s. 420; arated by the Combahee and Salkehatchie Rivers ; on the north-
fg^l; xvf.', west by Barnwell County; and on the south by the centre line
^^^" of the track of the Savannah and Charleston Railroad sep-
arating it from Beaufort County, of which it was once a part.
Horry Cqun- Scc. 552. HORRY COUNTY is bounded as follows : On
ty ; 1 o c a 1 1 on
and b o u n da- the southcast by the Atlantic Ocean, a line of thirty-one miles ;
— - — ^^ — ;7:on the northeast by the North Carolina line, beginning at a
Rg s. 480; iy.,(^e(jar stake (marked with nine notches) on the sea-shore of
544- Goat Island, about one and a quarter miles east of the mouth
of Little River, and running from thence until it intersects
Lumber River (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 :
OF SOUTH CAROLINA. 237
A. D. 1902.
by Lumber River to Little Peedee River, thence by Little ' < '
Peedee River to its junction with Great Peedee River, thence
by Great Peedee 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
863^° east) five miles and sixty-seven chains.
Sec. 553. KERSHAW COUNTY is bounded on the south- coSi^.^H^fer.
east by Sumter County, from which it is divided by a line be- darier'^ ''°"""
ginning- at Spivey's Ferry, on Lynch's River, and extending q. s. 422;
(south 45° west) about twenty-four miles, or until it intersects ^iS;'-^!^,' 69;'
the Salisbury Road, in Col. D. Stark's plantation ; from thence ixV'ase^'ilt^',
(south 84° west) about one mile, to Big Swift Creek, opposite^ ' " '"^ '
Raglin's Gut ; and thence by this gut to Wateree River ; on the
southwest by Richland County, from which it is divided by a
line beginning at the Wateree River, opposite to the last men-
tioned point, and running (south (i^" west), or by Raglin's
Creek, to Spears' Creek ; thence up Raglin's Creek to its head ;
thence by a straight line (north 40%° west) ten miles seven-
teen chains; thence (north 56}^° 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 : beginning 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. i mile 37 chains and 50 links to corner at Ham-
mond'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 N. 66 E. 14 miles 76 chains 16 links to Lynches'
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 ^L^a n^c a s^ter
the place of beginning. darler'' ^°"'"
Sec. 554. LANCASTER COUNTY is bounded as follows: ^ ' ^,,.
\j. 0. 423 ,
On the north by the North Carolina line; on the west by the^g s. 4^8^;
Catawba River and Big Sugar Creek from the point where it^s; tv., 662;
vi'., 69;' VII.',
284.
CIVIL CODE
enters said river to the intersection of the North Carolina line,
Avhich separates it from the Counties of York, Chester, and
Fairfield ; on the south by Kershaw County, from which it is
divided by the line mentioned in the last preceding Section;
and on the east by Chesterfield County, from which it is sep-
arated by Lynch's River.
CoJifyrfoca' Scc. 555. LAURENS COUNTY is bounded as follows : On
dTdet"'^ '^°""' the southwest by the Saluda River, by which it is separated
Q ^_ . from Abbeville and Greenwood Counties ; on the northwest
66i^' ""v^,' zlo; by Greenville County, from which it is divided by a line com-
iSgi^x^x i^i.! niencing 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 Reedy River, thence (north 4° west)
three miles and forty-five chains to a point, thence (north 17°
east) eleven miles and sixty chains, to the ford on Enoree
River, opposite Zadock's Ford; on the northeast by the Enoree
River, which separates it from Spartanburg and Union
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.
county! "foca" ^^^- ^^^' LEXINGTON COUNTY is bounded as follows:
daries"*^ ^""" ^^ ^^^^ north and northeast by Fairfield and Richland Counties,
Q ^ ~ from which it is separated by the Broad and Congaree Rivers ;
664?' v.t' 478', °^ ^^^^ southeast by Orangeburg County, from which it is di-
vn ,^48 t^e- vided by Beaver Creek, from its mouth to the head of its main
f 8^9^6,' xxn^ ', b^^^^^' ^^^ t'^^^ by ^ direct line to the mouth of the Cedar
xxih.,^662 '' Poiid Branch, on the north fork of Edisto River; on the south-
west by Aiken County, from which it is separated by the north
fork 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 Rocky 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 southeastern side of the
town of Little Mountain, and running thence south 38° east
thirty-one chains; thence north 52" east one hundred and sixty
chains; thence north 38° west one hundred and twenty-one
chains to the point of intersection of the original course of the
straight line from Silver Bluff to the mouth of Rocky Creek
OF SOUTH CAROLINA.
with the incorporate Hmits of the town of Little Mountain
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.
Sec. 557. MARION COUNTY is bounded as follows : On ty^Y^c\^tTn
the northeast by North Carolina, beginning at Lumber River ^f^g '^ ° " "^ *^^"
at the northwest corner of Horry County, and running (north q s. 426
473^° west) thirty-one miles and thirty chains to a point desig-^ggf'-^^ff ; J^g
nated by a dead pine tree, near McKenzie's house, half a miie^g^; i^Hfiis
south and southeast from the road leading from the Red Bluff xxi'/sor/Tb!
(on Green Swamp) in Marlboro County; on the northwest by ^'^'
Marlboro County, from which it is separated by a line be-
ginning at the said pine tree on the North Carolina line and
running (south 22^° west) to 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 Horry County, the point
of beginning on said Lumber River.
Sec. 558. MARLBORO COUNTY is bounded as follows :cLatyfN°oca°
On the Northwest by Laurens County, from which it is di- daries"'^ ''°""'
southwest by the Great Pee Dee River, which separates it ^~^ ^37
from the Counties of Chesterfield, Darlington and Florence ; gggf \fn.,' 199!
and on the southeast by Marion County, from which it is di- -^'^•
vided by a line drawn from a dead pine on the North Carolina
line (south 22jA° west) twenty-four and three-fourths miles
until it intersects the Great Pee Dee River.
Sec. 559. NEWBERRY COUNTY is bounded as follows : ^ n e w b e rry
County; loca-
On the Northwest bv Laurens Countv, from which it is di- tion and boun-
- ' danes.
vided by a line beginning at the Island Ford, on Saluda River, — - — ^ — —
and running thence along the old road to Odel's Ford, on|^- s.487;iv.,
=5 -^ ^ > 661; VII., 199,
Enoree River ; and on the North bv a line commencing at Odel's "^^s. 262, 284;
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 Sec. 556;
and on the Southwest by the Saluda River, by which it is sep-
arated from Greenwood and Saluda Counties.
Sec. 560. OCONEE COUNTY is bounded as follows : On
the North by the North Carolina line ; on the East by Pickens
240 CIVIL CODE
A. D. 1902.
^-^"v"'*^ County, from which it is divided by a line covering the South-
Oconee Coun- gj-j^ boundary of the State of North Carohna where the Toxa-
ty; 1 o c a t ion -'
a_n d bounda- ^g^y Riycr enters this State, and thence down the centre of said
— Q ^ TZ: river, by whatever names known, to Ravenel's Bridge, on Sen-
f'sr^-' xV'^^^ River, and thence along the centre of the road leading to
VI '^' 39" 289! Pendleton village, until it intersects the line of the County of
Irt^ii ^3"" 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 origi-
nally 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 Cha-
tooga Rivers.
c?unfyf "fo^ca^ Sec. 561. ORANGEBURG COUNTY is bounded as fol-
darief '^ ^°'"" lows : On the north and Northeast by Richland and Claren-
G. s. <i3o;don Counties, from which it is separated by the Congaree and
^Vfvii^.'iqg' Santee Rivers; on the southwest by Berkeley and Colleton
Igj.-^'*''^^^" 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 Lexing-
ton Counties, from which it is divided by a direct line drawn
from A. J. Weathersbee's old mill, on the line between Barn-
well and Aiken Counties, to the point where the Cedar Pond
Branch empties into the North Fork of the Edisto, and by an-
other direct line, drawn from said point where the Cedar Pond
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 its junction with the Congaree River.
Pickens Sec. 562. PICKENS COUNTY is bounded as follows : On
tion and bo°un- the uorth by the North Carolina line ; on the east by Greenville
-^^^^t-.^ . County, from which it is separated by the Saluda River ; on the
R. s. 490; I.', South by Anderson County, from which it is divided by a line
289,' 341 ;'Vii.; beginning at the mouth of Cane Creek, on the Tugaloo River,
and thence running to the point where Eighteen Mile 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
1014."' " 'River; on the west by Oconee County, from which it is divided
by a line leaving the southern boundary of the State of North
Carolina where the Toxaway enters this State, and thence down
OF SOUTH CAROLINA.
the centre of said river, by whatever names known, to Rav-
enel's Bridge, on Seneca River, and thence along the centre of
the road leading to Pendleton village until it intersects the line
of the County of Anderson.
Sec. 563. RICHLAND COUNTY is bounded as follows: Richland
County; loca-
On the East by Sumter County, from which it is separated by tion and boun-
the Wateree River; on the north by Kershaw and Fairfield — - —
... G. s. 432;
Counties, from which it is divided by a line beginning at theR- s.49i;iv.,
-^ , . 662; Vll., 290,
mouth of Raglin's Creek, where it empties into the Wateree § 2; v., 219,
River, and thence up Raglin's Gut and Creek to its source,
thence by a straight line (north 50° west) twelve miles and six-
teen chains, to a point designating the corner of Kershaw and
Fairfield Counties, (which lines form the boundary of Ker-
shaw 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 the west and south by the
Counties of Lexington and Orangeburg, from which it is sep-
arated by the Broad and Congaree Rivers.
Sec. 564. SALUDA COUNTY is bounded bv a line be- Saiuda Coun-
ty; 1 o c a t ion
ginning at the centre of Big Saluda River at a point op- ^f^^ '^ ° '^ " '^^"
posite the corner of Edgefield and Lexington Counties, ^g g xxii"
thence the old Edgefield and Lexington line to the cor-^'^^
ner of Lexington and Aiken Counties, thence the old
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 high-
way leading from Edgefield to Columbia, near the residence
of J. 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 Matt IMathis's Cross Roads, thence a straight line to
Owdom's Postoffice, thence a straight line to Little Red Hill
School House near Dr. Landrum's old place, thence a straight
line to a point on the Northwestern line of Pine Grove Town-
ship, one mile North of Double Bridges, thence along the
Northwestern boundary of Pine Grove Township to the point
on the old Charleston 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
16.— C
CIVIL CODE
the mouth of said creek, thence down the middle of Big Sakida
River to the initial point.
cofSt^l'^kTca" Sec. 565. SPARTANBURG COUNTY is bounded as fol-
darier'^ ^°""Tows : On the North by the North Carolina line; on the West
G. s. 433; by Greenville County, from which it is divided by a line com-
66'i Pvif.; 284; mencing on the North Carolina line at a stone marked "S. C,"
i|^9 7, XXII., ^^ ^j^g -g^g^ g-^g ^£ Biackstock's road, near the Tryon Moun-
tain, 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 ly^ East) two miles and
twenty-eight chains, thence (North 6)4° 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.
tylTo^c aSTon Sec. 566. SUMTER COUNTY is bounded as follows : On
ri?s!^ bounda- ^^^^ northcast by Darlington and Florence Counties, from which
G. s. 434; it is separated by Lynch's River; on the southeast by Claren-
xii., 416^1 1; don and Florence Counties, from which it is divided by the
xx.,"si7.^' '^' Northwest line of Clarendon County, mentioned in Section 541 ;
on the West by the Santee and Wateree Rivers, which separates
it from Orangeburg and Richland Counties ; on the northwest
by Kershaw County, from which it is divided by a line running
up Raglin's Gut to Big Swift Creek; thence (North 84° east)
over the road leading to Statesburg, and thence (North 84°
east) twenty-four miles, or until it intersects Lynch's River,
at Spivey's Ferry.
Union coun- Scc. 567. UNION COUNTY is bounded as follows : On
ty; loc a t 1 o n
daries ^°"""the North by the Pacolet River, which separates it from Chero-
„ e kee Countv; on the East bv Broad River, which separates it
G. b. 4 3 s ;
R s. 404; ly., from York, Chester and Fairfield Counties ; on the Northwest
662; \ II., 284; '
XXIL, 58S.
OF SOUTH CAROLINA.
by Spartanburg County, from which it is divided by a line, be-
ginning at the corner of Cherokee and Union Counties with
Spartanburg County on the Pacolet River, and running thence
(South 33^° West) to the intersection of Fair Forest Creek;
thence (South 6^^° 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 ]\Iusgrove's Ford, opposite Gordon's Mills ; on the
Southwest by Laurens and Newberry 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.
Sec. 568. WILLIAMSBURG COUNTY is bounded as fol- coumyT'l'o^a"
lows: On the Southwest by Berkeley County, from which it 'drier'"'°"''"
is separated by the Santee River; on the Northwest by Claren- jy., 663; v.
don and Florence Counties; and is divided from Clarendon lYi;^ ^I's's*!
County, and in part from Florence County, by a line commenc-xx.'^5^o7;^^A'
ing at a point on Santee River, extending across into Berkeley ^^"'
County (South 225^° 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 Williamsburg County for Flor-
ence 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 Marion County, to the road lead-
ing 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.
Sec. 569. YORK COUNTY is bounded as follows: On thctyj^^o'^ca^tTn
North by the North Carolina line; on the West by the Eastern ^fel '^ ° "" '"^^'
line of Cherokee County, mentioned in Section 538; on the g. s. 437;
South by Chester County, from which it is divided by a line 132; iv^, 662;
beginning at a hickory tree, on the Southwest side of the Ca- as'is^xv., 425!
tawba River, about ten chains above the mouth of Ferrill's
CIVIL CODE
Creek, and running (nearly South 88° West) by an old line
called and known by the name of the Line of the New Acquisi-
tion, 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.
Countyf'^''^ °^ Sec. 570. Real and personal estate heretofore conveyer by
G. s. 438; any form of conveyance to the inhabitants of a County or Dis-
1868, ' xVv.l trict, to a Committee, or Commissioners, or other persons, or
134. § 36. 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
effect as if made to such County by its corporate name.
h^v^ing^c^afrof S®^- ^^^- ^^^ public officers having by law the care and cus-
L" s' ^may "In- ^^*^y °^ town, village, city, or County buildings, are authorized
sure the same, ^q insurc the Same at the expense and for the benefit of the
R.^' 4g8;'^ib! ^^^^^> village, city, or County owning the same.
* 32- ggg Sees. 121-129 — Insurance by Sinking Fund Commission.
e?ty"*exempt ^60. 572. All Couuty poor farms, poor houses, and hospit-
il\^ ^^''^ ^'"^als, court houses, jails, and all other public property of every
G. s. 440; kind or description actually used as such, are forever exempt
fg^^; xV.if^'om attachment, levy, and sale, on account of any judgment,
^^^' lien, or claim whatsoever against the County to which they or
any of them belong.
Notice of in- gee. 573. Whenever it is desired to incorporate a new County
tentionto form '^ ■'
new Counties; in this State, it shall be the duty of those petitioning for same
p r e 1 1 mmary ' j r Q
publication. -{-q publish, in ouc or more newspapers in each County from
1893. XXI., -which it is proposed to take any territory, for at least three
months before the meeting of the Legislature when same is to
be applied for, a statement of the proposed County line in said
Survey to be Couuty, and shall also have made a survev of the territory pro-
made and map , l-^ • ^ rr 1-10 !■
filed. posed to be taken and file same m the oince of the Secretary of
State for at least thirty days before the meeting of the Legis-
lature when the charter is to be applied for. No charter shall
No charter to _,.,,,-.
be g r a n t e d be granted or such new County formed unless the f oregomg
provisions have been complied with.
New Coun- Sec. 574. Whenever two or more sections of an old Countv
ties, petition _ ,
for. or Counties desiring to be incorporated into a new County shall
1S96, XXII., file with the Governor a petition signed by one-third of the
qualified electors residing within the area of each section of an
old County proposed to be cut off to form a new County, set-
ting forth the boundaries of the proposed new County, the pro-
posed name, the number of inhabitants, the area, the taxable
OF SOUTH CAROLINA.
property as shown by the last tax returns, and that the proposed
Hnes for the new County do not run nearer than eight miles of
any Court House building then established.
The provisions of Sees. 574-578, being the Act of 1896, XII., 64, considered and
construed in Segars v. Parrott, 54 S. C, i; 31 S. E., (>•]■}.
Sec. 575. Within twenty days after receipt of such petition how ordered. '
the Governor shall order an election in the territory proposed to ^'b-, § 2.
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.
. Sec. 576. For the purposes of such election the Commis- Election; how
■^ ^ ^ conducted.
sioners of Election for each old County proposed to be cut shall — — — ^
appoint three Managers 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.
Sec. 577. The Commissioners of Election for each old County c
Duties of
ommissioners
proposed to be cut shall canvass the returns of the managers of °^ Election to
each precinct in their County at which such election has been^
canvass the re-
urns, &c.
held, as such returns in general elections in this State are can- -if^^' ^^^^^••
vassed, 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 pre-
cinct of an old County proposed to be cut off to both branches
of the General Assembly at its next session. The said Com-
missioners 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 Com-
missioners of Election shall be final and conclusive evidence of
the result of the election, unless appealed from within five days,
in which case a decision of the Board of State Canvassers shall
be final and conclusive evidence of the result of the election on
all questions of fact.
Under Sees. 576 and 577 the result of the election must be determined by the
same method as in general elections. — Segars v. Parrott, 54 S. C, i; 31 S. E. d-jy.
246 CIVIL CODE
A. D. 1902. ~
^^ V- — ' Sec. 578. The General Assembly at its next session shall
Duty of Gen- create such new County if two-thirds of the qualified electors
eral Assembly. - ^
Y^ voting at such election shall vote in favor of the establishment
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 General Assembly must judge.
See Segars v. Parrott, supra.
Sec. 579. Whenever the citizens of anv County desire to
H o \v Court _ - _ _ -^
House may be niovc the Court Housc they shall file a petition to that effect
moved.
— 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 with-
in sixty days, at which election the electors shall vote for or
against removal. 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 elections 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 re-
turns of the Managers and tabulate the vote and declare the re-
sult. If two-thirds of the qualified voters voting in such elec-
tion vote in favor of such removal, the County Board of Com-
missioners shall take the necessary steps to remove the Court
House and public records of such County to the place desig-
nated.
How County gee. 580. Whenever the citizens of any section of one County
lines may be .....'
changed. dcsire to be incorporated within the limits of an adjommg
^^- County, they shall file a petition with the Governor to that ef-
fect, stating the area proposed to be cut ofif, 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
vo^fng'piacr° provided in Sections 574, 575, 576, 577 and 578 : 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 Governor shall
in his order of election designate the place or places named in
OF SOUTH CAROLINA.
the petition as the voting place or places and managers of elec-
tion shall be appointed therefor, and all electors otherwise
qualified shall be allowed to vote at such voting place named in
said. order as is most convenient as legally as if their registra-
tion certificates called for that place by name.
Sec. 581. Whenever the citizens of two or more Counties de- ^^ ^^'^ ^'■^°
Counties may
sire to consolidate them into one they shall file a petition with consolidate,
the Governor to that eft'ect, signed by one-third of the qualified
electors residing in the counties, and upon the filing of such pe-
tition the same proceedings shall be had as in the formation of
new Counties provided for in Sections 574, 575, 576, 577 and
578. At the election ordered upon said petition the electors
shall vote for or against consolidation, the name of the new
Countv and the location of the Countv seat.
TITLE VI.
OF STATE AND COUNTY OFFICERS.
Chapter XVIII. General Provisions Relating to Public
Officers.
Chapter XIX. The Executive Department and Officers
Connected Therewith.
Chapter XX. Countv Officers.
CHAPTER XVIII.
General Provisions Relating to Public Officers.
Article i. Official oaths and bonds.
Article 2. Sales of public offices.
Article 3. ^Miscellaneous provisions.
Sec.
582.
583.
584.
ARTICLE 1.
Official Oaths and Bonds.
Additional oaths required of
certain officers.
Additional oaths of County
officers in respect to sharing
profits.
Form of bond to be given by
all public officers.
Sec.
585. Special liability for attorney's
fees on Dispenser's bonds.
586. The Attorney General may
employ assistant counsel for
the enforcement of such
bonds.
248
CIVIL CODE
A. D. 1902.
Sec.
587,
Printed forms of bonds ; who
to procure and distribute.
588. Clerlis to receive blanks and
give to officers.
589. Sureties ; number of ; resi-^
dence ; contribution among ;
&c.
590. By whom bonds must be ex-
amined and approved.
591. Who to approve form and ex-
ecution of ; where deposited.
592. Bonds of County officers to be
recorded.
593. Annual examination of ; by
whom ; and proceedings
taken.
594. County Commissioners to ex-
amine and report annually
upon sufficiency of County
officers' bonds.
Sec.
595. Suit on bonds ; certified copies
in evidence.
596. Distribution of public moneys
recovered on bond of offi-
cer, &c.
597. Sureties desiring relief ; how
to proceed.
598. Proceedings when new bond
required and default under ;
vacancy declared.
599. Bond of surety company au-
thorized ; payable to the
State.
600. Foreign companies may write
bonds on compliance with
law and with consent of
certain State officers.
1894, XXI.,
716.
Oath.
Addid o n a 1 Section 582, In addition to the oath of office now required by
siieriffs and Article III ; Section 26, of the Constitution to be taken by every
others.
Sheriff, Deputy Sheriff, Constable, police officer, Marshal, and
all other peace officers whose duty it is to enforce the laws of
this State, every such officer shall further make oath that he will
enforce the Act entitled "An act to declare the law in reference
to and further regulate the use, sale, consumption, transporta-
tion and disposition of alcoholic liquids or liquors within the
State of South Carolina, and to police the same," approved De-
cember 23d, 1893, known as the Dispensary Law, and Acts
Q Q ^ ^. amending the same, and each Sheriff, Deputy Sheriff, Coroner,
^o 's- ',5 03; and their deputies, and every Magistrate and all Constables,
1816, VI., 27, jr ' J o ^ ^
§ 3- shall, before 'they be qualified to act m their and each of their
respective 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 ex-
ecution 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."
All officers charged with the preservation of the peace shall
also take before entering upon the duties of their office, the fol-
lowing additional oath, to be administered in like manner as the
said oath prescribed by Article III, Section 26 of the Constitu-
G. s. 4 4i;tion: "I will, to the extent of my ability, enforce the penalties
1880, X v 1 1.' prescribed by law against duelling, and will not fail to bring to
OF SOUTH CAROLINA.
justice all persons offending against the said law that may come
within my view or knowledge."
Sec. 583. Each County officer elected or appointed, shall, be- ^^^^^ M^nWed
fore entering upon the duties of his office, in addition to the ^^e^s°""n^' °e-
other oaths required by law, including the oath with regard to f^^^proats^''^'^"
duelling, take the following oath : "I, A. B., swear (or affirm, as q_ ^ ^^,.
the case may be,) that I am under no promise, in honor or law, J^'^g.^i.^ 384!
to share the profits of the office to which I have been elected, l^^; xvii.,
(or appointed, as the case may be,) and I will not, directly or
indirectly, sell or dispose of said office or the profits thereof;
but will resign, or continue to discharge the duties thereof dur-
ing the period fixed by law, if I so long live. So help me God."
Sec. 584. Jhe 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 to be™ghren°by
names of the person and his sureties) are held and firmly bound leers.
unto the State of South Carolina, in the penal sum of (insert g.^s. 443;
the amount required by law) dollars, to the payment of which, 1829, vi., 383'.
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 (insert the
year) year of the Independence of the United States of Amer-
ica.
"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 perform 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 effect or else to remain in full force and virtue.
"Sealed and delivered in the presence of :
" . (L. s.)
"(Here place name of witness.)"
Execution of. — Commissioners v. Yongue, i Brev., 22; Commissioners v. Muse,
3 Brev., 150; Comptroller v. Waring, 3 Dess., S7- Liability on, for failure of
duty. — Commissioners v. Moore, 2 Brev., 51; Treasury v. Mayrant, 2 Brev., 228;
Treasurers v. Moore, i N. & McC, 214; Treasurer v. Bates, 2 Bail., 363; Treas-
250 CIVIL CODE
A. D. 1902.
^^— "^v-^»^ urer V. Burch, 2 Hill, 519; McCauley v. Heriot, Riley Eq., 19; Williamson v. King,
McM. Eq., 41; Treasurers v. Oswald, 2 McM., 145; Treasurers v. Clowney, 2
McM., 510; Treasurer v. DeSaussure, 2 Speers, 180; Lowndes v. Pinckney, i Rich.
Eq., 15s; McKenna v. Secrest, 4 Strob. Eq., 160; Reynolds v. Timmons, 7 S. C,
486; Greenville County v. Runion, 9 S. C, i; State v. Baldwin, 14 S. C, 135;
Tinsley v. Kirby, 17 S. C, 8; State v. Moses, 18 S. C, 372; lb., 20 S. C, 470;
State V. Lake, 30 S. *C., 43; 8 S. E., 322; Strain v. Rabb, 30 S. C, 342; 9 S. E.,
271; State ex rel. Elliott v. Jeter, 59 S. C, no; 38 S. E., 134. Period covered
by. — Commissioners v. Greenwood, i Dess., 450; Commissioners v. Boquet, i Dess.,
599; Treasury v. Mayrant, 2 Brev., 228; Carolina Society v. Johnson, i McC, 41;
Treasurer v. Lang, 2 Bail., 430; Treasurer v. Harris, i Hill, 282; Vaughn v. Evans,
I Hill Ch., 414; So. Ca. V. Smith, 2 Hill, 589; Posey v. Ramey, 4 Strob., 20; Street
v. Laurens, 5 Rich. Eq., 227; State v. Moses, 20 S. C, 470. Action on. — Commis-
sioners V. McKie, I N. & McC, 575; Commissioners v. Newby, i McC, 184; Treas-
urer V. Wiggins, I McC, 56S; Treasurer v. Bates, 2 Bail., 362; lb., i Hill, 409;
Williams v. King, McM. Eq., 41; Treasurers v. Oswald, 2 McM., 145; Treasurers
V. Rivers, 2 McM., 207; Treasurers v. Buckner, 2 McM., 323; Mitchell v. Lau-
rens, 7 Rich., 109; State v. Toomer, 7 Rich., 216; Greenville County v. Runion,
'9 S. C, i; State v. Cason, 11 S. C, 392; Aiken County v. Murray, 35 S. C, 508;
14 S. E., 954. Stat. Limitations. — Williamson v. King, McM. Eq., 41; Treasurers
v. McPherson, 2 McM., 69; Reynolds v. Timmons, 7 S. C, 486; State v. Lake, 30
S. C, 43; 8 S. E., 322; Strain v. Rabb, 30 S. C, 342; 9 S. E., 271. Judgment
on. — Treasurer v. Moore, i N. & McC, 214; Treasurer v. Ross, 4 McC, 273;
Treasurer v. Burch, 2 Hill, 519; Treasurer v. Munday, 3 Hill, 167; Treasurer v.
Buckner, 2 McM., 323; Norton v. Mulligan, 4 Strob., 555; Mitchell v. Laurens,
7 Rich., 109; State v. Moses, 18 S. C, 373. Costs. — Leslie v. Taggart, 2 McM.,
71; State V. Wiley, 2 Strob., 113; Rowell v. Mulligan, 2 Strob., 379; lb., 4 Strob.,
349; Strain v. Rabb, 30 S. C, 342; 9 S. E., 271. Generally. — Dunlap v. Bynum,
4 Dess., 646; Treasurers v. Stevens, 2 McC, 107; Treasurers v. Ross, 4 McC,
^ly^ Treasurers v. Burch, 2 Hill, 519; McBee v. Hoke, 2 Speers, 138; State v.
Warner, 7 Rich., 225.
442°°' ■^-^^^^•' Sec. 585. County Dispensers shall give bond in the form
Bonds of prescribed by the preceeding Section ; and the obligors on the
pens"rl^^ ^'^' bonds of County Dispensers shall be liable for all attorney's
fees incurred in the collection of any shortage covered by said
bonds.
G^erai ^m a ^ ^®^- ^^^- '^^^ Attomcy General is hereby aut'horized, in case
ant'^counsef ^to ^^ dccms it ncccssary, to employ assistant counsel in all cases
enforce bonds. fQj- |.]^g enforcement of said County Dispensers' bonds and the
442.°°' ■^^^^^•' collection of the penalties thereunder ; the compensation of said
assistant counsel shall be paid out of the sums recovered in
such actions on such bonds.
Co mptroiier Scc. 587. It shall be the dutv of the Comptroller General to
G e n e r a 1 to
have b la nk ascertain the number of officers in this State from whom bonds
forms of bonds
F.ri.n ted and are required, and to cause an equal number of said bonds to be
distributed to -"^ '
Counties. printed annually, at the expense of the State, having thereon
R ^' o'-Vi'^^^ blank forms for the proper officers to approve securities,
384, § 2. ' 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 required in said County respectively.
OF SOUTH CAROLINA.
Sec. 588. It shall be the duty of each Clerk to receive the
bonds for his County, and to deliver one to each person elected ^ f J v^e^ bfanks
or appointed to any such office, whenever called for. ficers^'^*^ *° °^'
Sec. 589. The limit to the number of sureties allow^ed upon q. s. 445;
an official bond shall in no case be more than twenty. Each ^' ^' ^°'^'
surety may state in writing the amount of the liability assumed su^ties^^^ ° ^
by him, beyond which amount he shall not be held. The aggre- g. s. 452;
gate of the amounts assumed by all the sureties shall not be ^iee, ' xiii.',
less than the penalty of the bond. In cas'e of loss or default,"^ ^' ^ " '^'
the sureties will be entitled, as between each other, to contri-
bution 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,
Coroner, Clerk of the Circuit Court, Judge of Probate, and
County Treasurer, their number shall not exceed twelve or be
less than two.
Sec. 590. The official bond of each officer of the Executive bonds must°be
Department must be submitted to the Governor for his ap-app™ved.
proval. The official bonds of all County officers must be ex- g. s. 466,
amined and approved or disapproved by the County Board of jos-'cen. stat!
Commissioners, except their own bonds, which must be ex- 1 s 6 1', xfv.',
amined and approved or disapproved by the Clerk of the Court xv., 986, /a;
or the Attorney General. In all cases in which the County 481.
Board of Commissioners refuse to approve the bond of any
County officer, such officers may refer the same to the Attor-
ney General, and if approved by him, after hearing evidence,
they shall be accepted by the County Board of Commissioners.
State V. Yates, 3 Hill, 230.
Who to ap-
Sec. 591. The bonds of all public officers of the State shall, prove form
and execution
before they are accepted or recorded, be examined by the Attor- of;, where de-
ney General or by one of the Solicitors, who must certify in — - — r —
writing upon the bond that he approves the form and execution R-_ s. ^s^? 9;
thereof; when so examined, approved and certified, the bonds of 301-
State, District or Circuit officers shall be filed with the Secre- ^901, xxiii.,
' 750.
tary of State, and shall be recorded by him, without charge in
suitable books kept by him for the purpose ; and when so re-
corded shall be filed as aforesaid with the State Treasurer ;
Provided, That the bond of the State Treasurer shall be filed
with the Governor.
Sec. 592. 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
CIVIL CODE
his election or appointment, have his said bond recorded in the
County officers officc of the Register of Mesne Conveyance for the County in
to be recorded, ^j^j^^j^ g^^.]^ officcr rcsidcs, and the Register shall keep a sep-
R.^'s.^'sl'^ol arate book, properly indexed, for the purpose of recording such
38^2,^ /4;'^i9?i" bonds, which book shall be provided by the County Commis-
xxiii., 749. s^Qj^gj-g . ^j^(j j^g 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 of County
Dispensers with the State Board of Directors of the Dispen-
sary, and the bonds of all other County officers with the State
Treasurer.
amination of; Scc. 593. All such official bouds shall be annually examined
p^r o c°e"edings by a board to consist of the Secretary of State, Comptroller
General and Treasurer of the State, except their own bonds,
448;'r.s. ci^''- which shall be annually examined by the Governor. If anv
381 ; '1820, vl! surety on any such official bond should die, or depart perma-
^'^^' ^' nently from the State, or if the said Board, or the Governor, re-
spectively, should, at the time of the examination, or at any
other time, be of opinion that either of the said sureties 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 ex-
ception; 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 additional
and sufficient surety or sureties as the said Board or the Gover-
nor, respectively, shall approve of; and in default of compliance
with either of the said requisitions within the said thirty days.
County Com the officc of the said defaulting officer shall be regarded as
missioners to
examine and VaCant.
upo'n sufficfen^ Scc. 594. It shall be the duty of the County Commissioners
otecers' bonds, in cach and every County in the State to make an annual exami-
R. s. =;i2; nation into the sufficiencv of all the Countv officers' bonds
1876, XVI.,
699.
OF SOUTH CAROLINA.
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.
Sec. 595. The bond of any public officer in this State may at pu^Hc" officers
all times be sued on by the public, any corporation, or private onT and cent-
person, aggrieved by any misconduct of any such public officer ; fn tv^deLe!^^'^
for which purpose the officer or officers, for the time being, q s. 450;
with whom such bond may be filed, or recorded upon applica- f^^f ; ^xtiif.',
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 copy so certified shall be good and sufficient
evidence in all suits to be instituted in any Court of this State.
Treasurer v. VVitsell, i Speer, 220.
Sec. 596. Whenever any officer of this State, charged with of moneys d"
the care, collection, or disbursement of public funds, is required saiesfetc. ^°"^
to give bond to the State, and a recovery is had upon said bond, g. s. 451;
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 commitment to jail, under warrant from
the State Treasurer, the moneys so recovered, seized, levied
upon, attached, or surrendered, or turned over, shall be dis-
tributed between the State, County, school, or other specific
funds, in proportion to the several amounts due by the said offi-
cer to the State, County, school, or other specific 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.
Sec. 597. When any of the sureties of any officer elected or dem'inT'reHeZ
appointed to any office shall, in writing, notify the proper offi- j^ g ^ ^ ^.
cer, whose duty it is to approve the bond of such officer, that ^g^^^ 7. xix.,
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 origi-
nal election or appointment of such officer ; and the sureties ^^"^ ^°"'^-
upon the prior bond shall be released from responsibility for all ^ g j g ^^^ of
acts or defaults of such officer which may be done or comniitted p"""" sureties.
subsequent to the approval of such new bond.
CIVIL CODE
Sec. 598. When any officer shall be required to execute a new
fic°''7s to hfs bond, with security, as provided for in Section 597, he
new bond. g|^^|| pj-Qceed forthwith to execute such new bond, and
7i,.^ s. 516; 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
on^ his'^fafi-rr? ^"^1 submit such nc w bond, or fail or neglect to execute and
submit 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 re-
quired, under the provisions of Sec. 597, to furnish a new bond,
and that such officer has failed so to do, and, upon being so in-
formed, and upon receiving a certified copy of all the papers
relative to the case, it shall be the duty of the Governor, by pub-
d e c^are°oifice ^ic proclamation, forthwith to declare the office held by such
defaulting officer vacant, and such office so made vacant shall
be fified?'^^ ^^ be filled in the manner now provided by law.
This remedy exclusive. — Ex parte Charles, 48 S. C, 279; 26 S. E., 605.
Sec. 599. Any County or State officer, Trustee, Executor,
surety com- Administrator, Guardian or other person or persons, who is
ized. now or may hereafter be required to give bond conditioned for
R- s. 517; the faithful performance of his legal duties, with sureties, may,
1892, XXL, . ^ - . ^ , , . . , . 1-
76; ^1894, XX., in lieu thereof, secure and furnish a bond of indemnity, or policy
xxii., 28. ' of assurance or insurance, for the amount now or hereafter re-
quired 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 defalcation, infidelity, misfeasance or malfeasance on the part
of the assured : Provided, 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 Com-
pany or by any particular Guarantee Company. Provided
further, That said Company, unless it be incorporated under
the laws of this State, comply with the law regulating Foreign
„ , Insurance Companies. The said bond or policv shall be made
To be pay- ^ ^
able to State, payable, in case of loss, to the State,
j^ g ^g. Sec. 600. Any foreign company empowered by its home
■ 9 4, XXL, charter to issue bonds or policies or suretyship may, by the con-
7S7
sent and approval of the Governor, Comptroller General and
Secretary of State, issue said bonds in this State: Provided,
OF SOUTH CAROLINA.
That they comply with the law now of force in this State regu-
lating foreign insurance companies, all of which law which is
now of force is hereby made applicable to companies issuing
bonds or policies of suretyship.
Sec.
601
ARTICLE II.
Sale of Public Offices.
The buying and selling of of-
fices forbidden ; penalty.
602. Bargains for sale, and sale of,
void.
Sec.
603. Acts done by delinquent offi-
cers before removal valid.
604. Nepotism prohibited.
Section 601. If any person or persons bargain for the pur- ^^^Jhe^^ Wmg
chase or sale of, or sell, any office, or deputation thereof, or any ^^'^^penai'ty.'^'
part of the same, or receive any money, fee, reward or any other ^ g ^ ^ ^.
profit, directly or indirectly, or take any promise, agreement, ^^^g^^jjjS 2^0;
covenant, 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 ad-
ministration or execution of 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 per-
sons shall 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 agree-
ment, had or made for the payment of such fee, sum of money
or reward, be adjudged a disabled person in the law, to all in-
tents 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.
256 CIVIL CODE
A. D. 1902.
.^^^"^^^^^^ Sec. 602. Every bargain, sale, promise, bond, agreement,
officerV^id" °^ covenant, and assurance, as before specified, shall be void to and
Q g — TTT: against him and them by whom any such bargain, sale, bond,
R^s. 521; 111., pj-Qj^jse, covenant, or assurance, shall be had or made.
Official acts, Scc. 603. If any person or persons shall ofi'end in anything
perform ed irr r 1 ,. ^.
a f t er offence Contrary to the tenor and ettect of the two preceding Sections
movai, valid, of this Chapter, yet, notwithstanding, all judgments given, and
G. s. 556; all other act and acts executed or done by any such person or
' persons so offending, by authority or color of the ofitice 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 person so of-
fending for the same offence be removed from the exercise, ad-
ministration, and occupation of the said office or deputation,
shall be and remain good and sufficient m law, to all intents,
constructions, and purposes.
1896, XXII., Sec. 604. 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 manage-
ment any person related or connected with him by consan-
guinity or affinity within the sixth degree.
ARTICLE III.
IVIlSCELLANEOUS PROVISIONS.
Sec.
605. Officers or their representa-
tives must turn over moneys
to successors ; within what
time ; penalty.
606. Contracts must not exceed
tax levied or appropriation
made.
607. Public funds not to be di-
verted.
60S. Officer not to absent himself
from State without leave ;
exceptions ; forfeitures.
Sec.
609. No officer to issue certificate
of indebtedness ; no State
officer to draw checks, ex-
cept against fund to his
credit.
610. Officer not entitled to pay
until commissioned, &c.
611. County officers required to
keep itemized account of
cost' and fees.
612. Supervisors to keep record of.
Offi c e r s or
tatives'^^m^Tt Scction 605. It shall be the duty of every Sheriff, Judge of
moneys to'luc^ Probatc, Clerk of the Court of Common Pleas, County Treasur-
cessws;ji^m ^^^ ^^^ ^^^ ^^^^^ ^^^^^ ^^ Couuty officer intrusted with funds by
penalty^ ^ yirtuc of his ofifice, upon his retiring from office to turn over to
R. 's. '5^3! his successor all monevs received by him as such officer, and
I 8 7 4, X v.,
674; I 8 8 s.
XIX., 158.
OF SOUTH CAROLINA. 257
A. D. 1902.
remaining in his hands as such officer, within thirty days from ~"~-^^^ '
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 re-
ceived by him officially.
Upon the death of any such officer, his personal representa-
tive or representatives shall pay over to the successor of such
deceased officer all moneys which such deceased officer had in
his hands officially at the time of his death within twelve
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 suc-
cessor the amount due, with interest at the rate of five per cent,
per month thereon, after the expiration of such term of twelve
months, to be recovered by action brought by such successor for
the benefit of the parties entitled to receive such money.
Master included in provisions of this section. — Peake v. Young, 40 S. C, 41;
18 S. E., 237.
Sec. 606. It shall be unlawful for any public officer, State or Must enter
,-^ , . , , , . into 110 con-
County, authorized by law to so contract, to enter into or con- tract in excess
tract, for any purpose whatsoever, in a sum in excess of the tax '■
levied, or the amount appropriated for the accomplishment ofR. 's. '523-
1 XV., 692.
such purpose.
Sec. 607. It shall be unlawful for any public officer. State or Public funds
County, to divert or appropriate the funds arising from any tax"°rted° ^"^ ^^'
levied and collected for any one fiscal year to the payment of g. s. 459;
any indebtedness contracted or incurred for any previous fiscal^" '^^^'' ^^'
year.
Sec. 608. No State or County officer, except members of the ^^^ "^""^ "afslnt
General Assemblv and the Governor, shall be absent from the *, ^ ^ ™ ^ ^i/f
' _ from the State
State during his term of office for more than thirty days in without leave
'=' -^ -' of the Oover-
any one year without special permission, to be granted by the^^^^j
Governor of the State. „ g. s. 461;
_ R. b. 5 2 6;
Any such officer violating the provisions hereof shall forfeit ^vi., 245.
to the State, upon conviction, the amount of the salaries and
perquisites of his office for the year in which said absence oc-
curs.
Sec. 609. It shall be unlawful for any State or County offi-
cer to issue any certificate of indebtedness. This provision
17.-C
CIVIL CODE
shall not apply to the issuing of tickets to jurors or witnesses
issue^ Iny c"r- ^^^ attendance on the Circuit Courts.
debfJdncss Tr Nor shall it be lawful for any State officer to draw a warrant
except^ alainst ^^ check f or any public debt except upon money then actually
■ "" ^' to his credit on that account in the hands of some bank or pub-
R,S.^-5t'7: lie officer.
■' ^ '^^ Sec. 610. No executive, judicial, or other officer, elected or
office/'^entitied appointed to any office in the State, shall be entitled to receive
salary""^ '^ any pay or emoluments of office until he shall have been duly
G. s. 582; commissioned and qualified, and shall have given bond when so
1901,^'xxiii.', required to do by law.
750. § S- McCoy V. Curtis, 14 S. C, 367.
County oiti- Sec. 611. Each County officer shall be required to purchase
cers to keep.. ^ ^
itemized state- and kccp in his officc, opcn to public inspection during office
ments of costs . . .
and fees re- hours, a book in which shall be kept an itemized account of all
ceived.
moneys received by or due to him, whether received by him. or
lSq7, XXII., ■' . ■' ' ■'
458; 1898, ih., due to him as salary, fees or costs, or in any other manner, as
742.
pay to him for his services by virtue of 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.
Copy to be At the close of each fiscal year each Countv officer shall trans-
f 1 1 e d w 1 1 h . . . -;
County Super- mit an itemized copy of said account, under oath, to the office
visor.
of County Supervisor.
Supervisor to Scc. 612. The County Supervisor, in addition to other books
enter on a book .,..,,,,,
total receipts, kept in his office, shall keep a separate book m which he shall
^fc- enter upon his books the total amount of each account so fur-
nished, opposite the name of the officer furnishing the said ac-
count, 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, Berkeley and
Newberry.
CHAPTER XIX.
The Executive Department and Officers Connected
Therewith.
Article i. General Provisions.
Article 2. The Governor and Lieutenant Governor.
Article 3. The Secretary of State.
OF SOUTH CAROLINA. 259
' — ■ A. D. 1902.
The Attorney General and Solicitors.
State Constables.
Notaries Public.
Commissioners of Deeds.
The Comptroller General.
The State Treasurer.
The State Librarian and Trustees of State
Library.
The State Geologist.
The State Entomologist and State Board of Ento-
mology.
Article
4-
Article
5-
Article
6.
Article
7-
Article
8.
Article
9-
Article
10.
Article
II.
Article
12.
ARTICLE I.
Sec.
613. What officers constitute the
executive Department.
614. Vacancies in ; how filled.
615. Books and stationery for.
Sec.
616. State moneys to be paid by
State officers into State
Treasury quarterly.
Section 613. The Executive Department of this State is hereby coSutf^'^the
declared to consist of the following officers, that is to say : The ^ai-^t^gj^t^ ^^'
Governor and Lieutenant Governor, the Secretary of State, the — q ^ TT
Treasurer of the State of South Carolina, the Attorney General f^^. ^--^ | ^ j '
and Solicitors, Adjutant and Inspector General, Comptroller 35°, § i-
General, and State Superintendent of Education.
Title to Governor's office. — Ex parte Norris, 8 S. C, 495.
Sec. 614. In case any vacancy shall occur in the office of ]^^^'^|j"^^"'*^'
Secretary of State, Treasurer, Comptroller General, Attorney ^ ^ ^^
General, Adjutant and Inspector General, or State Superin-^g^- ^^^J'[
tendent of Education, by death, resignation, or otherwise, such 935-
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 recess 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
vacancy.
Sec. 615. Each officer of the Executive Department shall, g^j^^i°°jfg^ry%or^
annually, on or before the first day of October, furnish to the ^ g ^g^.
Comptroller General a list and description of such books and^g^|- ;^^f'
stationery, and the amount of postage stamps necessary for the4i3-
use of his office during the current fiscal year.
26o
CIVIL CODE
A. D. 1902.
"" -^ ' Sec. 616. All moneys collected from any source by the
to^be*paTd^nto Comptroller General, Secretary of State, the Sinking Fund
terfy."'^' '^"^''' Commission or other State officer, as now or hereafter required
S94, XXI., ^y ^^w, be paid into the State Treasury at least once in every
quarter.
813
ARTICLE II.
The Governor and Lieutenant Governor.
Sec.
617,
618.
619.
620.
621.
622.
Vacancy in office of ; when
President of Senate to act
as.
When Speaker of the House
to act as.
When General Assembly elects
to fill.
Term of person so elected.
Executive Chamber, records,
&c., salary.
Governor's Private Secretary ;
duties of.
Sec.
623. Of what Boards the Governor
is ex officio a member.
624. Offices filled by appointment
of : by and with advice and
consent of Senate.
625. Vacancies, power to fill ; what
offices. Commissioners, &c.,
for various institutions and
boards.
626. His authority in respect to
Asiatic cholera.
627. Lieutenant- Governor ; compen-
sation of.
Vacancy in Sectioii 617. In casc of the removal, death, resignation or ina-
office of; when .,,,_, it- ^-
President of bilitv ot both the Govemor and Lieutenant Governor, the
Senate to act -r-,".. .,„ . ,,.
as. President of the Senate pro tempore shall perform the duties
G. s. 469; and exercise the powers of Governor until such disability shall
1868, XIV.! have been removed, or until the next general election, when a
lOI, § I. & '
Governor shall be elected by the electors duly qualified, as is
prescribed by Section 2 of Article IV. of the Constitution.
When Speak- Scc. 618. In casc of the disabilitv, from whatever cause, of
erofthe . ■ . .
House to act the Govcmor, Lieutenant Governor, and the President ot the
as.
— - — r — — Senate pro tempore, the Speaker of the House of Representa-
r. s. 534; '.(b., tives shall perform the duties and exercise the powers of Gov-
102, § 2. ^ _ _ '^
ernor, in like manner and upon like conditions as are prescribed
by the preceding Section.
When Gen- Scc. 619. In casc of the disabilitv, from whatever cause, of
'€ral Assembly
elects to fill, all the officers enumerated in the two preceding Sections, the
T, ^- ^- '^11 ' General Assemblv, if the same shall be in session, bv a joint vote,
R. S. 535; lb., - ' -
§ 3- 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 617.
I
OF SOUTH CAROLINA. 261
~ A. D. 1902.
Sec. 620. Whenever a Governor shall be elected, as provided ""■'^- — '
for in the last Section, he shall immediately enter upon the dis- ^^^f elLtld'
charge of the duties of his office, and shall continue to discharge ^ — ^ ~
the same during the residue of the term. ?• S- 536; ib.,
... ' 4-
Sec- 621. The Governor shall be furnished with a suitable
office, to be called the Executive Chamber, in which all peti- ,3^^^^^^ " ^'^"^^
tions, memorials, letters, and all other official papers and docu-°|;y^' ^^-'^ ^^^'
ments addressed to or received by him shall be methodically ar- '^ ^ 7177
ranged and kept, with proper indexes therefor. He shall keepfgg^^^-x f f f'
a record in proper books of all his messages to the General As-^^o, §2.
sembly, of all applications for pardon made to him, of all such
pardons as may have been granted by him, and of all commu-
nications to the General Assembly relating thereto; of all bills jg xxi.,
presented to him in obedience to the provisions of the Consti-^'^-
tution, 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 preserve. He shall receive an annual salary of
three thousand dollars.
Pardoning power. — State v. Fuller, i McC, 178; State v. Addington, 2 Bail.,
516; State V. Barns, 32 S. C, 14; 10 S. E., 611.
Sec. 622. The Governor shall be allowed a Private Secretary, G o y e rnor's
-^ Private becre-
to be appointed by him, who shall receive an annual salary of tary; duties of.
thirteen hundred and fifty dollars, and whose duty it shall be, ^^ G.^S. 474;
under the direction of the Governor, to keep an accurate record, 1865 x 1 11,
under proper dates, of all transactions, opinions and other offi--^gigV., ^i^i;
cial matters and acts occurring during his period of office, ^i^6; 1^893.
which said record shall, under certain restrictions, be open to
the inspection of the members of the General Assembly. He
shall also perform such clerical and other duties as may be re-
quired of him by the Governor, in connection with the duties
of the office of Governor.
Sec. 623. The Governor ex officio, is a member of :
Of what
The Sinking Fund Commission. ' Boards the
° . Governor is ex
The Board of Directors of the State Penitentiary. omdo a mem-
The Board of Trustees of the South Carolina College. " ^
&. S. 475 ;
The Board of Visitors of the State Military Academy. R^ s. ^^^^;
The Board of Trustees of the South Carolina Industrial and^ss; ' i 883"
XVIII., 381;
Winthrop Normal College. 1877, ^^^^U
The Board of Trustees of the Colored Normal, Industrial, xx.^, '687, 688;'
1843, Xj., 263;
Agricultural and Mechanical College of South Carolina. iss^,^ "o^xx"
The State Board of Education, of which he is also chairman. 6 y; I's 9 «;
A. A. i 1., 154'
^^2 CIVIL CODE
A. D. 1902. ~
'^^"^^'^ ' The Board of Phosphate Commissioners, of which he is also
Chairman.
bya^olntment ^®^- ^^^- ^^'^^ Govemor, by and with the advice and consent
wkh a S v'x'z e ^'^ ^^ Senate, shall appoint the following officers :
Senate"*''"' °^ County Auditors'.
— ~ — ^ ~ County Treasurers.
f/^f"Vi(°'' Magistrates.
66; 1 870. XIV, Masters.
176; I 6 7 I.
^l^i] xvi.'. Seven members of the State Board of Education.
^882 ^^xvii' Supervisors of Registration.
xvi.^'i 89^0! Circuit Solicitors; when there is a vacancy in such office by
i9?i',' xxni.', reason of death, resignation, ceasing to reside in the Circuit, or
xxU 154. ^ ^' otherwise.
A State Geologist.
Any vacancy 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.
Officers ap- Scc. 625. The following officers shall be appointed by the
— - — z Governor :
G. S. 477;
R- s. 541; I. Any vacancy in an office of the Executive Department,
^35- occurring during a recess of the General Assembly. The term
of such appointment to be until the vacancy be filled by a gen-
eral election, or by the General Assembly, in the mode provided
by law.
As to Adjutant and Inspector General see Sec. — ; and as to other State execu-
tive officers see Sec. — .
1878, XVI.. 2. Any vacancy in a County office, by reason of death, resig-
nation, 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., Four Commissioners for the South Carolina Institute for the
707.
Education of the Deaf, Dumb, and Blind.
1877, XVI., Nine Reeents of the State Hospital for the Insane, one of
249. »
OF SOUTH CAROLINA. 263
— A. D. 1902.
whom shall be appointed from each Congressional District., and ^^^^^
the remainder shall be residents of Richland County.
Seven members of the State Board of Health, to be recom- ^^g^^s, xvi..
mended by the State Medical Association.
Seven members of the Board of Harbor Commissioners 41^°°' ■^^"^•'
Charleston Harbor, upon the recommendation of the Senator
and members of the House of Representatives 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.
Members to fill any vacancy in the Board of Directors of the 263.^^'
State Penitentiary occurring during the recess of the General
Assembly.
. tr^s xvi
Proxies to represent the shares of the State in the Cheraw6s6. '
and Coalfields Railroad Company and in the Cheraw and Salis- ^^^ ^ ^^3.
bury Railroad Company.
The Chief Constable of the State, whensoever in his judg- ^^^^^^o, xi.,
ment any public emergency shall require it, or when necessary j g ^ i^ xx.,
to the due execution of legal process. '^s^-
One or more Commissioners for the Catawba Indians. ^^f'^' ^viii.,
One Quarantine Officer for St. Helena entrance, and one for j^_
Port Royal entrance, at the Port of Beaufort, on the nomina- ^g^^^ xiv.,
tion of the Township Board of Health of Beaufort Township. ssS-
One Quarantine Officer for the Port of Charleston on the ^^^ ^ 3 4, vi.,
nomination of the Board of Health of the city of Charleston. ■
One Quarantine Officer for the Port of Georgetown upon the ^^ pfevintlCn
recommendation of the State Board of Health. Asia«c*'^dioi^
As many Notaries Public throughout the State as the public ft|te!"*° * ^ ^
good shall require. g. s. 480;
Commissioners of Deeds in the several States and Territories f-^ ^|^ ^fjfj^
of the Union, and in the District of Columbia. 307.
Sec. 626. 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. go v e'^Tor!
Sec. 627. The Lieutenant Governor, while presiding over ^f° "'p^""^*^°''
the Senate, shall receive a per diem of eight dollars and the q §. 481;
mileage of a member of the General Assembly. i 'g e 5, xni.',
350, § 3; 1868,
XIV., 135, §
i; 1871, XIV.,
531 ; Con., Art.
III., §§ 2, s, 6,
7, 8, 9, 13, 20;
XVI, 2,1 6;
1893. XXI.,
416.
CIVIL CODE
ARTICLE III.
The Secretary of State.
Sec.
628. Salary of ; bond, duties, &c.
629. Office hours.
630. Penalty for false certificate.
631. Records of Superintendent of
of returns of Overseers of
Poor.
632. To make and report abstract
Public Works ; in charge of.
633. As ex officio Keeper of the
property.
Sec.
634. Deeds affecting railroads'
property.
634. As ex officio Keeper of the
State House ; duties and
compensation.
635. Probate of.
636. Recording same.
637. Certified copies of pardons to
be filed with Clerks.
^^^^'"y °^- Section 628. The Secretary of State shall receive an annual
]^/^'s.^' sif I'; salary of nineteen hundred dollars, and the fees or perquisites
J 3 sf' i?7^o; oi the office shall be paid into the Treasury of the State. The
Con."Art!'iv.', Clerk of the Secretary of State shall receive an annual salary
f '24,'^'^i'8 7T'! of thirteen hundred and fifty dollars.
i^8^9 3,' x^}f L, 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 faith-
R.%.^' s^'fe! ful discharge of the duties of his office.
vl!' 147^^2°' The Secretary of State shall, during the absence of the
Office records Govcmor from Columbia, be placed in charge of the records
papenf^o? Lxe- ^ud papcrs in the Executive Chamber. He shall keep in
ber.^^ ^^^"^' Columbia all the books, records, and papers belonging thereto,
s. 484; He shall hold his office in the State House in Columbia.
Sec. 629. He shall keep his office open from nine o'clock in
iy', 751'. §''4-^' ^^^ morning until three o'clock in the afternoon, every day in
When to keep the year, Sundays and public holidays excepted.
his office open, g^^^ q^Q, If any Secretary of State, or his deputy, shall
R.^'s.^'slfi; certify, under his hand, that no sale, conveyance, or mortgage
1791, v., 161, ^£ ^j^y particular goods or chattels, by any particular person,
Penalty f o r IS registered in his office, when, at the same time, there is such
ca^ti.^ ^ ''^''*'*'' record, such Secretary or his deputy shall forfeit and pay to
G. s. 486; such person who made inquiry, and who is damaged by reason
G.
R. S. 547;
I 8 6 s, xin.,
fegs, ii.,^ tsl! of such false certificate by him made, as aforesaid, all his dam-
^ ^' ages and costs of suit which he shall sustain by reason of any
second mortgage.
Sec. 631. The records, books, and papers belonging to the
office of the late Superintendent of Public Works, are part of
OF SOUTH CAROLINA.
the records of said office, and the Secretary of State is au-
thorized and required, upon the appHcation of any person iri-g^|j.?^o^^d^^°f
terested therein, to give certified copies of any deed, grant or^^.^^^P^^'^i.'c
other paper belonging to the said office, which said copies may'^^^''ge of.
be used in evidence in any court in this State, in like manner as i, ^-c ^- '^^^'
. _ K. b. S 5 o;
office copies of other records are now used, and he is authorized ^ ^ s 6, x 1 1.,
^ 520, §§ I, 2.
to charge therefor the same fees as are now allowed by law for
the like service.
Sec. 632. The Secretary of State shall, on or before the _R e p o rts of
• -' ' U V e rseers oi
fourth Tuesday in November of each year, make out an ab- ^°°^-
stract of the return made to him by the Overseers of the Poor j^ ^.^s. 488;
of each city and County in the State, together with such explan- \^/ s\/^ '
atory remarks as he deems proper, and, through the Governor
of the State, transmit the same to the Legislature.
As to his charge over State property see Sec. 88, ante, Public Property.
Sec. 633. The Secretary of State is ex ofUcio Keeper of the Keeperof'w^e
State House and Grounds, and is charged with the care of the ^^^^-^ e?°Tn(i
entire property belonging to the State therein, and may make compensation.
such repairs and improvements from time to time as may be^^ ^- f:y^i^'
necessary. He shall employ the labor of convicts on and around 598. 413-
the grounds, so far as can be made available. He shall contract
for and furnish all fuel and gas necessary for the offices of the
Executive Department and for the- General Assembly ; and
shall keep an account monthly of the gasometers in the State
House, and audit all accounts for furnishing gas for the use of
the State House.
Sec. 634. All deeds of conveyance of railroad beds, tracks ^^ ^^fj^^'^^jl''^-^
and right of way, cars, locomotive engines, rolling stock and ^^ recorded.
other railway equipment, all leases and mortgages or other ^g^^- ^'xxi.',
conditional sales of, and all other instruments in writing relat- Ris-
ing to, such property in this State delivered or executed on or
after the first day of January, 1894, shall be valid, so as to af-
fect from the time of such delivery 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 -^^ secretary
State : Provided, nevertheless, That the above mentioned deeds, fice.^*^*^'^ °^'
leases, mortgages and other conditional sales and instruments
in writing, if recorded subsequent to the expiration of said
period of forty days, shall be valid to affect the rights of sub- ^^^<^°°J j.gj^°5]
sequent creditors and purchasers for valuable consideration
without notice only from the date of such record.
266 CIVIL CODE
A. D. 1902.
'^— ^~v — Each and every locomotive engine, car and other railway
Engines and equipment shall have the name of the vendor, lessor, bailor or
cars to be
marked. mortgagor plamly marked on each side thereof, followed by the
word "owner," "lessor," "bailor" 'or "mortgagor," as the case
may be; and each deed of conveyance, lease, conditional sale
and mortgage of such railroad property shall contain such a
description thereof as will correspond to the name so marked
Deeds, &c., to ^ ^
refer to marks, thcreon.
Sec. 635. Before such deeds, leases, mortgages^ and other in-
Trobate. strumcnts 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 948 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.
Sec. 636. Said conveyances, leases and mortgages and other
instruments in writing shall be recorded by the Secretar}^ of
Books of re- * ^ . .
cord. 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 allowed by law for similar
Fees for re- 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
Certified copy ...
receivable in in each deed, lease and mortgage or other mstrument m writmg
evidence.
so recorded and certified in all of the Courts of this State.
Where any such mortgage so recorded shall be fully
satisfied, the mortgagee shall note the same on the margin of
Entry of sat- *= =" , . _ , . .
isfaction. the record, or declare the same to be satisfied m a separate in-
strument in writing, to be recorded as above provided, under a
penalty of five hundred dollars, to be recovered in any Court of
competent jurisdiction at the suit of the mortgagor or his as-
signees, or any other party aggrieved thereby.
neglect. Scc. 637. It shall be the duty of the Secretary of State im-
mediately upon the granting to any person of any pardon by the
ies of pardons Govcmor to transmit a certified copv of such pardon to the
to be filed with _,,.,_. . ^ . , ^ ' . i • i i
Clerk of Court. Clerk of the Circuit Court of the County m which such person
1896, XXII., was convicted, said certified copy of such pardon to be filed by
such Clerk in his office.
OF SOUTH CAROLINA.
ARTICLE IV.
The Attorney General and Solicitors.
267
A. D. 1902.
Sec.
Sec.
638.
Salary of Attorney General
and of his assistant.
648
639.
Bond of.
649
640.
Appears for the State in
Courts ; when and in what
650
cases.
641.
Prosecutes intruders on State's
651
property.
652
642.
Advises Solicitors ; attendance
on Grand Jury and at
trials, &c.
653
643.
Duty in respect to public
charities ; corporations.
654.
644.
Assists the General Assembly;
655.
when and how.
656.
645.
Advises State officers on
questions of law.
646.
Reports annually to General
Assembly.
657.
647.
Contingent expenses of civil
actions ; provision for.
No fees to be taken from
prosecutors, &c.
Accounts to Treasurer for
fees, &c.
Solicitors, bonds of ; vacan-
cies in office of.
Their salaries and duties.
Solicitor, when must be
called on to defend rights
of State.
To sue for penalties.
To examine certain county of-
fices and report annually.
To attend Courts of Sessions.
Annual report to Comptroller
General as to debts due
State in their possession ;
penalty.
To furnish duplicate of such
report.
Section 638. The Attorney 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.
Sec. 639. Before entering upon the duties of his office, the
Attorney General shall execute a bond, with two good sureties,
to the State of South Carolina, in the sum of ten thousand dol-
lars, for the faithful discharge of his office.
Sec. 640. He shall appear for the State in the Supreme Court
in the trial and argument in said Court of all causes, criminal
and civil, in which the State is a party or interested, and in such
causes in any court or tribunal, when required by the Governor
or either branch of the General Assembly.
Sec. 641. He may, when, in his judgment, the interest of the
State requires it, file and prosecute informations or other pro-
cess against persons who intrude upon the lands, rights, or
property of the State, or commit or erect any nuisance thereon.
Sec. 642. He shall consult 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
Salary of,
and of his as-
sistant.
G. S. 495;
R. S 555;
1 8 T7, XVI.,
247; 1880,
XVII., 372.
Bond of.
G. S. 496;
R. S. 556;
1812, v., 675.
Shall appear
for the State
in the Su-
preme Court.
G. S. 497;
R. S. 557,
1868. XIV.,
88, §2.
May file_ in-
formation
against p e j -
sons who in-
trude on prop-
erty otthe
State.
G. S. 498;
R. S. 5S8;
1868, X IV.,
88, §3.
268 CIVIL CODE
A. D. 1902. ■
^■"^"^^^^^ which the party accused is charged with a capital offence ; and
thf ^^Soifclt'ors when, in his judgment, the interest of the State requires it, he
Grand"jury ^^^ ^^^^^ ^^ prcscut at the trial of any cause in which the State is a
G s 4QQ- P^^ty or interested, and, when so 'present, shall have the direc-
R. s. 559; j-jon and management of such prosecutions and suits.
Commissioner v. Rose, i DeS. 461; ex parte Dunn., in re. Hand v. R. R. Co.,
8 S. C, 207.
Protect pub- Scc. 643. He shall enforce the due application of funds given
I 1 c charities . , . . . , . , „
and prosecute or appropriated to public chanties within the State, prevent
corporations.
— - — -breaches of trust m the administration thereof, and, when
G. S. 500;
R. s. 560; lb., necessary, shall prosecute corporations which fail to make to
the General Assembly the return required by law.
siiaii advise Sec. 644. He shall, when required by either branch of the
the G e n e r al , ^ _ ' , , . , . . , . , .
Assembly. General Assembly, attend during their sessions, and give his
G. s. SOI ; aid and advice in the arrangement and preparation of legisla-
R. S. 561; lb., . , , . -,.,.,. . .
§6. tive documents and business, and shall give his opinion upon
questions of law submitted to him by either branch thereof, or
by the Governor.
Shall advise Scc. 645. He shall, when required by the Secretary of State,
the State of- ^ 1 , /-
ficers. Treasurer, Adjutant and Inspector General, the Comptroller
G. s. 502; General, Railroad Commissioner, or other State officer, consult
R. S. 562; . . . , , .
1890, XX., and advise with them, respectively, on questions of law relating
to their official business.
Shall annu- Scc. 646. He shall annually make a report to the General
ally report to . . . ,
General As- Assembly of the cases argued, tried, or conducted by him m the
sembly. - & ' ' -' _
— - — ; Supreme Court and Circuit Courts during the preceding year ;
R. s. 563; lb.', with such other information in relation to the criminal laws, and
89, §8. , . . . , .
such observations and statements, as, in his opinion, the crimi-
nal jurisdiction and the proper and economical administration
of the criminal law warrant and require.
Governor to Scc. 647. On his representation, the Governor mav draw his
draw warrant '.. .
on his repre- warrant ou the Treasury to an amount not exceeding three
sentation to de- "^ . ....
fray expenses hundred dollars in one year, for the contingent expenses of civil
of certain civil "^ o ^
actions. actions in which the State is a party or has an interest, for
G. s. 504; which sum he shall, annually, in October, account to the Gover-
§9- " ' " nor ; and he shall state the amount so expended in his annual
,^ . , , report to the General Assembly.
N e 1 1 her he ^ ■' .
nor the Soiici- Scc. 648. No prosccuting officer shall receive anv fee or re-
tors to take a jt o . '. .
fee from a pro- ward from, or in behalf of, a prosecutor, for services in any
secutor, nor ap- . . ,.,..,. -- . , ,
near in a civil prosccutiou or busiuess to which it IS his official business to at-
case on same ...
state of facts, tcud, uor bc conccmed as counsel or attorney for either party
G. s. 50s; in a civil action depending upon the same state of facts.
R. S. 563; lb.,
§10.
OF SOUTH CAROLINA. 269
A. D. 1902.
Sec. 649. The Attorney General shall account with the ^"'^^^'^
Treasurer of the State for all fees, bills of costs and moneys re- erai°to"accoi^t
ceived by him by virtue of his office. uren*^^ Treas-
Sec. 650. The Solicitors, before entering upon the duties of q s_ ^^g.
their offices, shall, respectively, give bond, with two good sure- fggg^ ^- ^i v.',
ties, to the State of South Carolina, in the penal sum of five^^' ^"•
thousand dollars, for the faithful discharge of the duties oi ^^^f^f^'^^J^^
their respective offices. ^
In case any Circuit Solicitor shall cease to reside in his cir-j^ /^'s^- ^^s;
cuit, his office shall become vacant. In case any vacancy shall g^.^^' ^" ^^^'
occur in such office by death, resignation or otherwise, the
vacancy thereby created shall be filled by the Governor, by and 15].^^^' ^^^■'
with the advice and consent of the Senate. The Judge residing
in the Circuit of the Solicitor, whose office shall thus become
vacant, shall certify such vacancy to the Governor.
Tenure of office. — State v. Jeter, i McC, 233; State v. Butz, 9 S. C, 156.
Sec. 651. Solicitors shall do the duty of the Attorney Gen- Shaii do the
■^ ■' same duty as
eral, and give their counsel and advice to the Governor and Attorney Gen-
•^ _ eral in advis-
other State officers, in matters of public concern, whenever ins t^e Gover-
^ _ n o r a n d the
they shall be, by them, required to do so, and assist the Attor- state officers;
-' ■' ^_ _ _ dutyotin
ney General, or each other, in all suits of prosecution in behalf criminal cases;
of this State, when directed so to do by the Governor, or called- ^ ^_,
■' G. b. sii;
upon by the Attorney General. They may defend any person R- s. 568;
brought to trial before any criminal court of this State, whenvii, 274, §'§10,
their duty shall not require them to prosecute such persons, or
their assistance be not required against such person by the Gov-
ernor or Attorney General.
The Circuit Solicitors of each Circuit shall receive a salarv at }'^tj^ ^'^I-
246; 1803,
the rate of thirteen hundred and fifty dollars per annum each, ^xi., ^17-
except the Solicitor of the First Circuit, whose salary shall be
at the rate of sixteen hundred dollars per annum ; 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. They shall also
receive the same per diem and mileage as members of the Gen-
eral Assembly, while in attendance upon the sessions thereof.
Sec. 652. In all cases wherein the right of the State may be . To be called
* -^ m by persons
involved, it shall be the duty of the persons claiming under the [h'i'^'^^tatT'^to
State to call on the Attorney General, or Solicitors, in their re- \ll^^ eise'the
spective districts, to defend the right of the State ; on failure f^^fj ^ " ° *
whereof, the record of such case shall not be adduced as evi- — -^ — ^ — ~t:
dence to substantiate any claim against the State. ^^^^ \ s^g*
§s.° '
CIVIL CODE
Sec. 653. It shall be the duty of the Attorney General and
panaities^ ^°^ Solicitors to sue for the penalties incurred by any public officer
Q ^ I^ or board of public officers.
o -ir 57°' For authoritv to employ assistant counsel in actions on Dispensers' bonds, see
1813, v., 709, CO,'
§23; 1814, v.. Sec. 586, ante.
733, §25; 1815.
VI., Q Sio; Sec. 654. The Attorney General and Solicitors are required,
1844, >^i-. 295, , . - "i >
§4- annually, at such times as they may deem expedient, to examine
A 1 1 o r ney into the Condition of the offices of the Clerk of the Court of
General and
Solicitors t o Commou Pleas and General Sessions, of Sheriff, and Resfister
examine the ... ' .
offices o f of Mesne Conveyances, in their respective Counties, and to
County officers - ^
— - — r- ascertain if the said officers have discharsred the duties which
G. s. 509; . °
^„- ^w 571; now are, or shall be, required of them; and thev shall make a
1837, VI., 577, i . .
§2. 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.
Solicitors to Sec. 655. The Solicitors shall attend the Courts of General
Ettend Circuit
Courts of their Scssious and Commou Pleas for their respective Circuits.
respective -^
Duties in Court. — State v. Barrantine, 2 N. & McC, 553; State v. Addison, 2
S. C. 36s; State V. Coleman, 8 S. C, 237; State v. McNinch, 12 S. Q., 95.
Counties.
G. S. 510;
R S =572;
1842, XI., 222', Sec. 656. It shall be the duty of the Solicitors, on the last
§ 25. ' ' day of October, in every year, to furnish the Comptroller Gen-
To furnish eral with a statement of all debts due to the State in their sev-
report to the . , . , . , , . ,
c o m p troiier. eral posscssious, showiug the names ot the debtors, the amount
G. s. 512; of debts, the interest, the payments made, and the balance due
1818, VI., ids', to the State ; and if any of said officers fail to furnish the Comp-
troller 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.
To furnish Scc. 657. It shall be the dutv of the Circuit Solicitors, in
duplicate re- - '
trofier*" ^°™^" making their returns to the Comptroller General, as by law
— ^ — ^ — ^^ directed, to make out and deliver to him, at the same time, fair
R. s. 574; duplicates thereof.
1819, V 1., 139, ^
§14-
ARTICLE V.
State Constables.
Sec.
658. Chief State Constable ; ap-
pointment ; compensation ;
may appoint deputies.
659. Powers and duties of.
Sec.
660. Powers of Governor over Con-
stabulary, &c.
661. Governor may appoint State
Constables.
OF SOUTH CAROLINA.
Section 658. The Governor, whenever any pubHc emergency
shall require it, or when it shall become necessary to the duestfij\g\^appQ°n";
execution of legal process, shall appoint an officer to be known^^ nsaU°on;
as the Chief Constable of the State, who shall receive as com- dep^uttel! ° ' " ^
pensation, when actually engaged in the public service, five q g ^j^.
dollars per day and five cents per mile for each mile actually f^^^^ ^-^ ^f\^l
traveled in the performance of his duties, which duties shall be '^^^' ^^■
especially prescribed by the Governor.
The Chief Constable is authorized to appoint Deputy Chief
Constables, not exceeding two for each County, who shall re-
ceive two dollars per day when actually on duty, and as many
Deputy Constables as may be necessary, who shall serve without ,
pay.
Sec. 659. The Chief Constable of the State, and the Deputy Duties of.
Chief and Deputy Constables in the Counties, shall exercise all g. s. siS;
■^ R. S. 576;
the common law and statutorv powers of Constables, and all 1868, x i v .,
authority given to the police or watchmen by the Statutes of the
State, and by the charters and ordinances of incorporated towns
and cities, concurrently with such officers. Said Chief Con-
stable of the State, and Deputy Chief and Deputy Constables in
the several Counties, shall, at all times, obey and execute the
orders of the Governor in relation to the preservation of the
public peace and the execution of the laws throughout the
State ; and it shall be their duty to see that the laws are ob-
served and enforced, and shall especially use their utmost effort
and endeavor to repress disorder and prevent crime.
Sec. 660. The Governor shall have authority, whenever in p o w e r s of
the Governor
his judgment it shall be necessarv, to arm the Constabulary, over the Con-
1 . '11 1 <• 1 , / stabulary.
and, m any emergencv, to assume the sole control of the whole,
. . .... . G. S. S19;
or any part, of the municipal police in cities and incorporated R- s. 577., ib..
towns ; and to authorize the Chief Constable of the State, or
any Deputy Chief Constable, to command assistance in the ex-
ecution of process, suppressing riots, and in preserving the
peace.
Sec. 661. The Governor shall have authority to appoint one Governor
or more State Constables at a salary of not more than two dol- state Consta-
lars per day and such exoenses as the Governor may deem-^ — '■ ■
. •, ; ^, . ^ ^ , , ^ 1896, XXII.,
proper when on duty, and two Chief Constables at not more 149, §46;
than three dollars each per day and such expenses as the Gov- 441. '§7"
ernor may deem proper, and also one or more detectives at
reasonable compensation, to see that the dispensary law is en-
forced, the same to be paid from the dispensary fund in the
CIVIL CODE
same manner as the salary of the State Commissioner. Such
Constables shall, before entering upon the duties of their office,
each give bond to the State in the sum of five hundred dollars,
with surety or sureties to be approved by the Attorney General,
conditioned for the faithful performance of the duties of his
office; and in case of the breach of said bond, suit may be
brought thereon by any person aggrieved thereby, either in the
County where any of the obligors reside or in any County where
said breach may have occurred : Provided, That the Governor
shall report all such appointments to the General Assembly at
next ensuing session, giving the date and term of service
thereof.
ARTICLE VI.
Notaries Public.
Sec.
662. Governor appoints Notaries
Public ; term of office.
663. Oath of.
664. Seal of.
Sec.
665. Powers of.
666. No jurisdiction in criminal
cases.
Governor ap-
points Notaries
Section 662. The Governor is authorized to appoint as many
of ^office ^^^"^ Notaries Public throughout the State as the public good shall
— ^— ^ — :^ require, to hold their offices during the pleasure of the Gover-
?8-f" xiv'"°^' ^^^ whose jurisdiction shall extend throughout the State.
538, §i. ' Sec. 663. Every Notary Public shall take the oath of office
'- — - prescribed by the Constitution and the oath with respect to
R. S.'srg; lb.', duelling, certified copies of which oaths shall be recorded in the
office of the Secretary of State.
Seal of. Sec. 664. He shall have a seal of office, which shall be affixed
to his instruments of publication and to his protestations ; but
the absence of such seal shall not render his acts invalid, pro-
vided his official title be affixed.
Sec. 665. He shall have power to administer oaths, take de-
R s' I'j.^/b^' positions and affidavits, protests for non-payment of bonds,
4- notes, drafts and bills of exchange, take acknowledgements and
proofs of deeds and other instruments required by law to be ac-
knowledged, and take renunciation of dower.
As to protests. — Williamson v. Turner, 2 Bay, 410; Williamson v. Patterson, 2
McC., 132; Dobson v. Laval, 4 McC., 57; Halls v. Howell, Harper, 426; Johnson
G.
R. S.
3-
S. 522;
580; lb.
Powers of.
OF SOUTH CAROLINA. 2/3
A. D. 1902.
V. Harth, 2 Bail., 183; Bank v. Green, 2 Bail., 230; Bank v. Stinemetz, i Hill, 44; ^ ..^ ^ ■» '
Bank v. Flagg, i Hill, 177; Thompson v. Bank, 3 Hill, 77; lb., Riley, 81; Aiken
V. Cathcart, 2 Speers, 642; Greene v. Talley, 39 S. C, 338; 17 S. E., 780.
Sec. 666. He shall exercise no power or jurisdiction in crimi-jj^^° J"^^^"t;
nal cases. nal cases.
G. S. 524;
R. S. 582; 829,
VI., 387.
ARTICLE VII.
Commissioners of Deeds.
Sec.
667. Commissioners of Deeds ; ap-
pointment and term of.
668. Oath of ; where filed ; notice.
669. Authority of.
Sec.
670. Power to administer oath.
671. Foreign Notaries ; same power
as to afiidavits, &c. ; proviso.
Section 667. The Governor of the State is authorized to ap- of'
Appointment
point and commission, in the several States and Territories of g. s. 52s;
the Union, and in the District of Columbia, as many persons as 1834, vi., 504',
he may deem expedient, as Commissioners of Deeds, who shall
hold their office during the pleasure of the Governor.
Sec. 668. Every Commissioner, before he proceeds to per- of.
form any duty, shall take and subscribe an oath or affirmation g. s. 526;
before any officer authorized to administer oaths in the city or 505, '§3.
County in which such Commissioner shall reside, well and
faithfully to execute and perform all the duties of such Com-
missioner, under and by the laws of South Carolina, which
oath or affirmation, and the written appointment of such com-
missioner, shall be filed in the office of the Secretary of this
State, who shall give notice of such appointment in one or more
of the gazettes of this State.
Sec. 669. A Commissioner of Deeds shall have authority to-
take renunciation of dower, and the acknowledgement of proof R. s'. ss's; ib.',
of any deed, mortgage, or other conveyance of any lands, tene-
ments, or 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, ac-
knowledgement, 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.
Sec. 670. Every Commissioner shall have full power to ad-
C S ^28'
minister an oath or affirmation to any person who shall be wil-R. s'. 586; ib.',
ling or desirous to make such oath or affirmation before him;
18.— C
Autliority of.
Powers of.
CIVIL CODE
Force of ju
rat of Notaries
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 administer the same.
Sec. 671. All verifications of pleadings, affidavits, and proofs
States ^" °*'^'^'^ °^ claims made before Notaries Public in other States shall have
R s 'iSr ^^^ same force and effect as they would have if sworn to before
88, XX., 1.; a Commissioner of Deeds for this State resident in another
91, lb,, 1041
State : Provided, such Notary Public shall use his official seal.
Testimony certified by foreign notary under his official seal admissible. — Greene
V. Talley, 39 S. C, 338; 17 S. E., 780.
ARTICLE VIII.
The Comptroller General.
Sec.
672. Bond of ; salary ; offlce hours.
673. Examines Treasurer's vouch-
ers.
674. Examines Treasurer's cash
and books.
675. Superintendents transfer of
money, &c.
676. Prepares annual estimates for
General Assembly.
677. Payments of Treasurer to be
on his warrant ; exception.
678. To keep duplicates of books
of Treasurer, and report
balance sheet to General
Assembly.
679. To keep record of settlements
with County Treasurer.
680. To report to General Assem-
bly statement of County
taxes.
681. To report also as to moneys
due State.
682. Also on account of persons
having distribution of pub-
lic money.
683. Also names of pensioners of
State.
Sec.
684. Also as to unappropriated
funds in Treasury.
685. Office books, how paid for.
686. Duty as to defaulting County
Treasurers.
687. Enters in books accounts of
persons distributing public
money.
688. Collates and publishes month-
ly returns of banks.
689. To publish returns of banks
of issue ; form of.
690. To enforce forfeitures against
defaulting banks, may ex-
amine books ; when.
691. To insure the University
buildings.
692. To furnish offices to State of-
ficers.
693. May extend time of assess-
ment and collection of
taxes, &c.
694. When to pay County Audi-
tors.
695. Furnishes State Printer
copies of reports for publi-
cation.
Bond of, of-
fice hours of.
G. S. 529;
R. S. 588;
1877 XVl.,
247; 1801, v.,
410, §11; 1868,
XIV., 13s. §1;
1801, v., 411,
§21; 1893,
XXI.. 4i6;
1900, XXIII;
418; lb., 413.
Section 672. The Comptroller General shall, before he enters
upon the duties of his office, give bond for the faithful dis-
charge of the duties thereof, with one or more sureties, to be
approved of by the Governor for the time being, in the sum of
thirty thousand dollars. He shall receive an annual salary of
OF SOUTH CAROLINA. 275
. A. D. 1902.
nineteen hundred dollars, and the fees and perquisites of the ^-*~v-*^
office shall be paid in to the Treasury of the State. He shall
keejD open and attend to his office from nine o'clock in the morn-
ing until two o'clock in the afternoon on every day, Sundays,
public holidays, and the two next succeeding days to Christ-
mas excepted.
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 ap-
pointed 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 Gen-
eral's office, visit the various Counties of the State, and to visit
the various penal, charitable and educational institutions of the
State, and report on the conditions of the books of the same,
when required by the Comptroller General, and inspect and re-
port on the condition of the books of the various County officers
of the State, and assist the Comptroller General in making the
annual settlements with county officers. ^°Z ^pp^°"
-' p r 1 a tions are
Sec. 673. It shall be his duty to keep a book in which all ap- ""^^'^ ^y-
propriations by the General Assembly shall be entered, with allj^ ^- jl' .^f^'
payments made under them; he shall also keep another book, §^j^; 1S34, vi,
properly indexed, in which he shall enter all contingent ac- Examination
counts allowed by the General Assembly, and the time at which books'^^tf^'^^thl
payment on the same shall be made. The Comptroller General ^o^mp^t roller
shall between the first and the tenth dav of each month examine —z :r;r-
1899, XX.,
the vouchers in the office of the State Treasurer for all pay- 367-
ments made bv the Treasurer during the preceding month. ^ ^° examine
or- ts books of Treas-
Sec. 674. The books of the Treasurer of the State shall, at all^^^;f^^
seasonable times, be open to the inspection and examination of „ '^•gS- S3i|
the Comptroller General, and he shall, twice in each year, and'^oi, v., 409,
•^ . / -^ ' §§i ana 4.
at such other times as he shall deem necessary, examine the
cash in the Treasurv at Columbia. A^^st person-
ally supenn-
Sec. 675. He shall personally superintend, except in the event tend transfer
of his being sick, and thereby rendered unable to attend, then?°"^y ^y *«
<^ ' -J ' T r e a surer to
transfer of money and papers from the office of the Treasurer i^'s successor.
to his successor, and report to the General Assembly thereon at„ ^. s.^ssa;
their next session. §4-
Sec. 676. He shall prepare and report at every session of the^^^JJ^*g^''^P|[^
General Assembly estimates of the public revenue and public g^^'^^^^ ^^P^j ^g^
expenditures ; and shall, at the same time, render fair and ac- ^^"''■^^y-
G. s. 533;
R. s. 592; i'o.,
408, §1.
276 CIVIL CODE
A. D. 1902.
'^- — «, ^ curate copies of all the Treasurer's reports, and a true and ac-
curate account of the actual state of the Treasury.
All payments Scc. 677. All payments by the State Treasurer, except, for
to be on his interest on the public debt, and the pay of officers, members, and
warrant, ex- -^ ' ^ ■' ' '
cept, &c. attaches of the General Assembly, shall be made on warrants
G. s. 534; drawn by the Comptroller General, and the vouchers for the
1876, XVI., 91 same must be filed in his office.
Must k e e p Sec. 678. The Comptroller General shall keep a set of books,
d u p 1 icate of _ _ -^ ^
books of t h e exhibiting- the separate transactions of the Treasury Depart-
Treasurer, and o jt j l
report balance mcnt, which sct of books sliall be a transcript of the books of
sheet to the -^
General Assem- the Treasury, constituting a complete check upon that office;
— - — r — I — :and the Comptroller shall, in addition to the exhibits of cash
R. s. 594; transactions of the Treasury, annually report to the General
§§i and 2'.' Assembly 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.
Abstract to Scc. 679. The Comptroller General shall enter the abstract
be entered m '■ -0
book- for settlement with the several County Treasurers of this State
_R- s. 595 ; in a book to be kept by him for such purpose, and shall enter
loop) XX., 293
all settlements made by such Treasurers therein as to all taxes
And kept as — State, school, County and special — and the same shall be a
a record. ' -^ _ ^
part of the records of his office.
Must report gee. 680. He shall prepare and present to the General As-
ment^of Coun- sembly, at an early period in every session, a correct and de-
— ;:: — ^— — — tailed statement of all the taxes, real and personal, for which
G. S. 536; ^
•^o o ^aV 596; each of the Counties of the State shall be liable under the Tax
1808, v., 567,
§4- 1859, XII., Acts of each year. He shall, at the same time, report the
746, §4. -^ , ' sr
amount of the local taxes collected in each County.
To report to He cannot be compelled by mandamus to levy a tax to pay "Revenue Bond
General As- Scrip," issued under Act 2nd March, 1872. — State v. Comptroller General, 4 S. C.,
sembly a 11 „_
moneys due ^^'
the State.
— ^-g : Sec. 681. He shall lay before the General Assembly, with
1818 VI ^108' ^^^ annual report, a statement of all moneys due to the State.
5"- Sec. 682. He shall examine and annually report to the Gen-
re^ort"^on ^^0^^ ^^^^ Assembly on the accounts of all persons having the distri-
counts of per- butiou of public money.
sons having t- j
distribution of gee. 683. He shall make an annual report to the General
public money. ^
— ^ — ^ — T^ Assembly of the names of the pensioners of the State.
?8 VI '"12' ^®^- ^^^- '^^^ Comptroller General shall report, annually, to
§4^ ^|46, XL, thg General Assembly, his transactions in regard to unappro-
Re'port names Priated fuuds in the Treasury.
of pensioners. gee. 685. The books necessary for the office of Comptroller
G. s. 539; General shall be paid for out of the Treasurv of the State.
R- ^. 599; ^
1835, VI., 527,
§3.
OF SOUTH CAROLINA.
Sec. 686. The Comptroller General shall immediately com-
mence 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 So-
licitor of the Circuit in which such default may occur shall
conduct such legal proceedings, when called upon to do so by
the Comptroller General.
Sec. 687. He shall enter in books, kept for that purpose,
such a statement of the accounts of persons having the distribu-
tion 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.
Sec. 688. 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 for-
feit to the use of the State, to be recovered by the Comptroller
by action, twenty-five dollars for each and every day's neglect.
Sec. 689. 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 Carolina, from the day of to the
day of eighteen hundred and
Shall annu-
ally report un-
ci i s t r i b uted
funds.
G. S. 540 -,
R. S. 6oo,
1803, v., 45S,
§30.
Procure books
for Treasurer.
G. S. 541;
R. S. 601;
1818, VI., 109,
§IS-
Pur sue de-
faulting Coun-
ty Treasurers.
Attorney Gen-
eral and Solici-
tor of the Cir-
cuit to conduct
the p r o c eed-
ings.
G. S. S4 3;
R. S. 602;
1808, v., 567,
§3.
Enter in his
books accounts
of all persons
d i s t r ibuting
public money.
G. S. 545;
R. S. 604;
1834, VI., S12,
NAME OF BANK.
Date
Circulation
Specie
NAME OF BANK.
Circulation
Specie
NAME OF BANK.
Shall collate
monthly re-
turns of the
banks.
G. S. 547;
R. S. 605 ;
1840, XI., 143,
§§3, 4; 1869,
XIV., 212, §2.
Shall publish
returns of
banks; form of
return.
G. S. 548;
R. S. 606;
1858, XII, 700,
§6.
Date
Circulation
Specie
And any banks, the officers whereof shall neglect to transmit to
the Comptroller General any such account aforesaid, shall for-
feit 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.
2'j'^ CIVIL CODE
A. D. 1902.
^•— ^v-*-^ Sec. 690. It shall be the duty of the Comptroller General,
rosecuti^'^^of whenever it appears that any bank, or any officer of a bank, has
banks^ " ^ ^ ^"° incurred any forfeiture for any official misconduct, to cause suit
^ ^ 549^^^ ^^ brought against such bank or officer, by the Attorney
\ VT ^,°^-.' General or the Solicitor of the Circuit in which such bank is
1040, Jvi., J43,
I32 ^§4''' ''^^^" situated, for the recovery of the same. And in case he shall, 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.
the^ University ^^^- ^^^- ^hc Comptroller General shall, annually, insure
buildings. against fire the buildings of the University of South Carolina.
R ^'s^' 6o8- ^^^- ^^^- '^^^ Comptroller General of the State is authorized
1819, VI., 139, ^^^ directed, upon his receipt of a written application from any
Shall furnish o^cer of the State Executive Department, to provide and fur-
to^stlte o°ffi?^ "^^^ ^^ office for the use of said officer, and the expense thereof
fff^ shall be paid by the State Treasurer, out of the contingent fund
R ^'s^' io9- °^ ^^^ State, on the warrant of the Comptroller General.
?i'iv^"289'f^§^ Sec. 693. The Comptroller General, with the approval of the
'• ^- Governor, may extend the time for the performance of the
the*^\Tml''*1^? duties imposed upon the County officers or for the assessment
coffecticfn ^ ^o f ^^^ collcctiou of taxcs ; and when such assessment and collection
^^^^^- of taxes are necessarily delayed, the Comptroller General may
R *^'s ^' e^o- postpone the time within v/hich the penalties imposed by law
561.^' ^^^'' would attach.
When to a ^'^^' ^^^- '^^^ Comptroller General should not issue to any
S-s""^^ ^^"^^^ Auditor his warrant for the salary of such Auditor, until all
~Q s 5-3. abstracts and reports due from or by such Auditor have been
R^^s. 611; ih.. £jg^ \^ ^]-^g office of the Comptroller General.
Shall furnish S^^- ^^^- ^hc Comptroller General shall furnish to the State
S^l'^s of^In re^ Printer, for publication in the Reports and Resolutions of the
fication^f r^'o^'m General Assembly, copies of all reports passed at each session
^^^ °^'=^- and filed in his office.
G. s. 554;
R. S. 61 2;
1878, XVI.,
825.
OF SOUTH CAROLINA.
ARTICLE IX.
The State Treasurer,
Sec.
696.
697.
698.
699.
700.
701.
702.
703.
704.
705.
706.
707.
708.
709.
710.
711.
Salary of ; and of his clerks.
Bond.
Office hours.
How payments by are made.
How interest on State stock
is to be paid.
How lost checks replaced.
When transfer books to be
closed.
Coupons in Treasurer's hands
sufficient vouchers.
Coupons to be paid in Char-
leston also.
Monthly report to Comptrol-
ler of cash transactions, &c.
To make monthly reports of
Dispensary funds to State
Board of Control.
Warrant against defaulting
County Treasurer ; proceed-
ings on.
Additional penalty.
Further duties as to default-
ing County Treasurers.
Certain appropriations not to
be drawn until contract
lodged.
Same ; how paid.
Sec.
712.
713.
714.
715.
716.
717.
718.
719.
720.
721.
722.
723.
724,
To open account in books for
each appropriation.
Copies from books of, evi-
dence.
To issue triplicate receipts
for money paid him ; how
disposed of ; penalties.
To report disbursements to
Comptroller daily.
May keep safe in bank for de-
posit of moneys.
Must deposit other moneys in
bank ; in what banks, &c.
Banks to make monthly state-
ments of receipts and pay-
ments ; to whom.
Treasurer to exhibit bank
books ; when and to whom.
Examination of warrants by
Joint Committee of General
Assembly.
Majority may act.
Pay of members of.
Treasurer's duties as to funds
for educational purposes.
How State Institutions must
draw appropriations.
Section 696. The Treasurer of the State shall receive a salary
at the rate of nineteen hundred dollars per annum. 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.
See. 697. 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.
Sec. 698. 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.
Sec. 699. All payments by the Treasurer of the State, except
for interest on the public debt and the pay of members, officers
and employes of the General Assembly, shall be made on war-
Salary of,
and of his
clerks.
G. S. 555;
R. S. 613;
1879, XVII.,
128; 1893,
XXI.. 416.
Bond of.
G. S
R. S.
1865, XII
-^50, §5
556;
614:
III.,
of.
Office hours
G. S. 5 5 7;
R. S. 615;
1801, v., 411,
§ 21.
How p a y -
ments by are
made.
~~G. S. s 5 8
R. S. 616
1876, XVI., 91
1882, XVI I.,
753. § S-
28o CIVIL CODE
A. D. 1902.
^-*'~v"^-^ rants 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 sufficient
vouchers for the payment of the same.
oi^Stete'^lTod^ ^^^- '^^^' The Treasurer shall pay the semi-annual interest
IS to be paid, upon all recognized Brown Consol or Blue four and one-half
R. s! 6%;^i^b.'; P^^ ^^^^- ^^ Brown four per cent, stock of this State in manner
zost' "^8 8^7" following, that is to say: To every person or persons in whose
^88^," xx''. !^^"^^^ certificates of such stock are held, whose postoffice ad-
xx!, ^711,^^1?! '^I'^ss 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 Januar}^ 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 re-
spectively. Such checks shall be payable at some bank or other
financial agency, either in Columbia, Charleston or other finan-
cial point, to be selected by the said State Treasurer upon con-
sultation with the Governor and Comptroller General, accord-
ing as either of the said cities or other financial points may be
nearest to the postoffice address of such person or persons to
whom such checks may be sent. And such checks, when re-
turned to the Treasurer duly endorsed by the person or persons
to whom the same were made payable, shall be taken and con-
sidered as a sufficient and absolute voucher and receipt in his
hands for the payment of the amount of interest specified
therein.
ch^ecks^Ve- ^^^- '^^^- I^ casc any check mailed in accordance with the
p^^'^^^- provisions of the last Section shall be lost and shall fail to
R. ^'s.^' ¥i8l ^each the person to whom the same has been mailed, the State
1882, XVI., Treasurer shall, upon satisfactory proof to him of the fact of
such loss, and upon receiving a bond of indemnity, with suffi-
cient surety, approved also by the Attorney General, in an
amount double the sum for which said check v\-as 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.
Sec. 702. To facilitate the payment of interest in the manner
hereinbefore prescribed, the State Treasurer is authorized to
OF SOUTH CAROLINA. 281
A. D. 1902.
close the books of transfer of said stock for thirty days prior to ^ i '
the first days of July and January in each and every year, fer^^bo'okJ^To
during which period no changes or transfers of such stock will ^^ closed.
be allowed. r.% lig'fb'.
Sec. 703. No receipt or voucher need be taken by the Treas-
^ • 1 T-i Coupons in
urer upon the payment of coupons of any recognized Brown Trea s u r e r s
Consol or Blue four and a half per cent, or Brown four per vouchers.
cent, bonds of this State, other than the delivery to him of the^ g. s. 560;
^- . R. S. 620, lb.
coupons so paid, which shall be held and deemed sufficient
vouchers for such payment.
Sec. 704. The Treasurer is authorized and directed to ar- coupons to
range for the payment at maturity of the coupons of recognized Charleston also
Brown Consol, or Blue, or Brown four per cent, bonds of this g. s. 561;
State in the City of Charleston in addition to the other places 753. " ' "
now fixed by law.
Sec. 705. He shall, at the end of every month, report to the po^ °to*'^&mp-
Comptroller General an accurate statement of the cash trans- ^^°^]^^g°^tion\'^
actions of the Treasury, of every description, stating therein ^f;
every sum of money received or paid away in behalf of thej^/^-g.^' lll'[
State, particularizing the person and his office of whom re- 5|°^; v.',' 45'8.'
ceived and to whom paid, as also on what account received,
and for what purpose paid.
He shall, at all times, when required by the Comptroller Gen-
eral, produce to him satisfactory statements of the cash in hand,
and furnish him promptly with official information, duly certi-
fied, relative to any matter connected with the revenue and
finance of the State.
Sec. 706. In order to facilitate the keeping of the accounts urfr^\^o '^mlfke
of the State Dispensary, it shall be the duty of the State Treas-^o"^^^*^^^^//^
urer, on the first days of each and every month, to transmit to °^ Control.
the State Board of Control a statement of all moneys received j^g^^^' ^^^^^
by him upon account of the State Dispensary during the pre-
ceding month, and a statement of all Dispensary warrants paid
by him during said month, said statement to contain the num-
ber 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.
Sec. 707. Any County Treasurer who shall neglect to pay ao?instde^fluit-
over to the Treasurer the amount in his hands belonging to the Tr^easurers'^ ^ ^
State, or for which he has made himself liable, as required by~G. s. =64;
law, shall be liable to be committed to jail by warrant from the^^gg^^^^^^i
CIVIL CODE
Treasurer, 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.
them^ with^ m^ Scc. 708. If any County Treasurer shall refuse or neglect to
^^^^^^- , pay the taxes received by him within the time required by law,
R.*^' s.' 6 2 4|the Treasurer shall, in addition to the coercive power which
1843, XI., 247, j^g ^^^ 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.
to ^General As- Scc. 709. The Treasurer shall report to the General Assem-
oTs^u c h^d e^ bly, at its annual session, every instance of default in the
the Vteps taken County Treasurers, and state particularly the means which he
against them, y^^^ made usc of against such defaulters, so that the General
§\^9°/' ^■' '^'^' Assembly may be fully informed of any omission of duty,
G. s. 566; wheresoever and by whomsoever, in the punctual and due col-
^824^ vi.f 25^9, lection of taxes ; he shall instruct the Attorney General and
^ ^^' Solicitors to proceed against all such defaulters, as soon as
such defaults shall occur ; and it shall be the indispensable duty
of the Treasurer to enforce all legal means against defaulting
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.
pri?t'irns^''shau Scc. 710. No appropriation placed under the direction of
be drawn. ^^^ Board of Commissioners shall be drawn from the Treasury
R.^'s.^'6^2^6; until the contract entered into by the Commissioners in virtue
1824, V I., 259, thereof shall have been lodged in the Treasury.
How appro- gee. 711. The Commissioners shall be authorized to draw
priations shall
be drawn. one-third of the appropriation placed under their direction in
■D ^c P'- ^fu' advance, one-third when the contract is half finished, and the
K. b. 627; lb., '
§§ 8, 9. balance when the work is completed and received by the Com-
missioners : 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 ap-
propriation shall be made by the Legislature, and which objects
Must raise in shall be embraced by the terms of the contract.
a'cco°un^t for Scc. 712. The Treasurer shall raise an account in the Treas-
eachappropna-^^y books, in cvcry instance, for the several appropriations
G s 7^ made by the Legislature, so that the appropriations of money
R. 's. 'ez's;
1803, v., 458,
§ 29.
OF SOUTH CAROLINA. 283
A. D. 1902.
and application thereof conformably thereto may appear clearly '•«-*-v-*-^
and distinctly on the Treasury books.
Sec. 713. An exact copy of any entry from the books of the^^^c^^pi^^^ ^^
Treasurer, certified by the Treasurer, shall be admitted in evi- evidence.
dence in any Court of this State, in the same manner as thCj^G.^s. 571;
orisiinal books. 1^°^' ^■' 4".
C) _ § 22.
Sec. 714. The Treasurer, on receiving money from the state Treas-
County Treasurers on account of State taxes, and phosphate tripii c a t e re-
companies on account of phosphate royalty, or from any other '-
person or persons whomsoever, on any account, shall issue trip- r. 's.^ '630;
licate receipts for the same, one of which shall be designated
the original, one the duplicate and the other the triplicate. The
original shall be held by the person or persons making the pay- o r i g inai to
ment of the money to the Treasurer, for his protection; the^^^^"^'
duplicate shall be issued to the person or persons making such ^ ^pIPj^^l^^ ^"'^
payment, to be by him or them immediately forwarded to the
Comptroller General, and the triplicate shall be sent direct from
the State Treasurer to the Comptroller General,- who shall, ^^om ^^^f^^^f^^l
such duplicate and triplicate receipts, make up a cash book, treasurer* ^ *^
upon which he shall charge the State Treasurer with having
received the amounts as evidenced by said duplicate and tripli-
cate receipts. 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 Treasurer separately with such amounts. If the State j^?j^'J^^,^y g^^°^^
Treasurer shall neglect to furnish receipts, as aforesaid, he shall Treasurer,
forfeit and pay the 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 infor-
mation made to him, shall take the necessary measures to cause
the same to be recovered ; and should the person or persons to ^^^^^ ^^ ^^^
whom a duplicate receipt has been issued fail, within ten days
after he has received such receipt, to send the same to the
Comptroller General aforesaid, he shall be subject to like for-
feiture and payment as State Treasurer, to be recovered in
same manner.
Sec. 715. The State Treasurer shall, at the close of business bJ^stiVf rels^
on each day, send to the Comptroller General a report of all "'"^^-
moneys paid out by him, to whom paid and on what account, j^ *^g %i-^Tb^
except that paid upon warrants of the Comptroller General.
As to examination of Treasurer's vouchers by the Comptroller General. — See
Sec. 673, ante.
CIVIL CODE
Sec. 716. The Treasurer of the State shall have a safe in
Safe in bank, the vaults of One of the banks of the City of Columbia, desig-
G. S.5 73; nated by the Governor, the Treasurer, and the Comptroller
R. S. 6 3 2 ; ■' . ^ .
i|84, XVIII., General, and may place and keep therein moneys belongmg to
the State.
D e p o sit of Sec. 717. To facilitate the disbursement of the public moneys,
State moneys. '- "^.
— - — the Treasurer of the State shall deposit in such bank or banks m
G. S. 574; -^
R- s. 6 3 3: this State as shall be agreed upon by the Governor, the Comp-
786.' troller 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 716, the moneys so deposited to be placed to the credit
To credit of of the Treasurer of the State of South Carolina. He shall keep
Treasurer. _ _ '■
Bank book ^ bank book showing his deposits in and moneys drawn from
the banks in which deposits are made.
Banks to re- gg(,_ 718. The Said banks shall, respectively, transmit to the
port deposits ' r- j ■>
"'""'^^ly- Governor and Comptroller General monthly statements of the
R ^"s^" 6^''^- rnoneys which shall be received and paid by them on account of
ises.xiv.M: the Treasury.
Must exhibit Scc. 719. The Treasurer shall exhibit his bank book to the
bank book to 1, ^ 11^ r 1 • • ■
Comptroller Comptroller General and Governor, for their examination, on
and Governor . . . . . -
m o n t h ly, at the first Tucsday m every month, and oitener, if required.
As to examination of accounts by Joint Committee of General Assembly. — See
R % 6\-'^'lb'' Section 78, ante.
How made. Sec. 720. The Joint Committee of the General Assembly
G. s. 579; shall also compare the warrants drawn by the Comptroller
i868,xiv.,^i6', 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
Who can act. the Same in their report, with their reasons for such opinion.
G^sTTs^ Sec. 721. A majority of the members of such Committee
§ 8. ' ^^' '' may perform all the duties required by law of the Committee.
Compensation Scc. 722. The members of the Committee shall receive the
of Committee. . . , ^_ . . . ,
—same compensation from the Treasury, for services and travel
R. s. 640; lb.', required to be performed by them, as is allowed to members of
the General Assembly.
Sec. 723. The State Superintendent of Education shall take
OF SOUTH CAROLINA. 285
A. D. 1902.
and hold in trust for the State any grant or devise of lands, and ^ y — -^
any gift or bequest of money or other personal property made T^a^urer with
to him for educational purposes, and he shall pay into the State [or Educational
Treasury, for safe keeping and investment, all moneys andP^''P°^^^-
incomes from property so received. The Treasurer of the j^ ^-g^-gS^^;
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 in-
come 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 inconsistent with the conditions or
terms thereof. For all such property, his bond shall be re-
sponsible as for other funds received by him in his official
capacity.
As to quarterly payment of State moneys by State officers into the State Treas-
ury.— See Sec. 6i6, ante.
Sec. 724. The appropriation made for a State institution How state in-
shall be paid to the Treasurer of the institution, who shall be a draw" appro-
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 356?°'
governing Board, the bond to be approved by the Attorney
General as to its form and execution, 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 Superinten-
dent of the institution, and have attached 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.
Upon the receipt by the Comptroller General of the receipt -^^^ ^^^_
warrant, signed and countersigned, and with statement attached [|"drawn. ^^^^'
as above provided, the Comptroller General shall issue his war-
rant on the State Treasurer in favor of the Treasurer of the
institution for the amount drawn, and the State Treasurer shall
pay the same, the amount thereof to be charged to the appro-
priation account of such institution by the Comptroller General
and the State Treasurer.
CIVIL CODE
ARTICLE X.
The State Librarian and Board of Trustees of State
Library.
Sec.
725. Election and term of office.
726. Duties.
■ 727. Salary.
728. Oath and bond.
729. Board of Trustees of State
Library.
Sec.
730 and 731. Powers of Board.
732. Unbound volumes.
733. Empowered to sell certain
books.
734. Trustees to report to General
Assembly.
State Libra- SectioiL 725. The General Assembly shall elect a State Librar-
rian. how elect- ' , .,
ed and term o£ ian, whose term of ofQce shall be for two years, and untn a
— „ „ ^.^.■,^ successor shall be elected and qualified.
1898, XXII., ^
764. Sec. 726. The State Librarian shall have the charge and
Duties of. responsibility for the safe keeping of the property of the State
lb. committed into the care of the said officer, and shall performx
the duties required by, and shall otherwise act under the direc-
tion of the Board of Trustees as hereinafter constituted.
Salary o£. Scc. 727. The Salary of said officer shall be eight hundred
^IPrW^ 1900, dollars, and it shall be due and paid as the salaries of other
XXiiJ.., 410.
State officers are due and paid.
Oath of office gee. 728. The State Librarian, before entering upon the
and bond of. ' . ,
— „ „ ^^^-, duties of the office, shall take and subscribe the oath prescribed
1898, XXII., '
765- in Section 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.
Board of ggg^ 729. The Governor, the Secretary of State and the
1 rusteees tor ' •'
the State Lib- 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 con-
duct, care for and foster the State Library so as to enhance its
usefulness to the citizens of the State.
Boa^d" ^ "■ ^ °^ Sec. 730. The said Board shall have the power of expending
any moneys appropriated for the increase of the State Library
in the purchase of suitable books and other matter of a literary
and scientific nature and works of art appropriate to a complete
librarv^, 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,
which shall be printed and publicly displayed within the library
OF SOUTH CAROLINA.
287
■ A. D. 1902.
hall, and so regulate the conduct of the State Library as may ^— -^v"*-'
best advantage the citizens of the State and increase its useful-
ness.
Sec. 731. The said Board of Trustees shall be empowered p^'^ers^f,^ ^ ^
to accept and retain donations of books and other property J^
adding to the value of a public library, whether the donation
be absolute or in trust, temporary or indefinitely, and shall like-
wise receive and disburse any funds obtained by gift, will or
otherwise for the use of the State Library.
Sec. 732. It shall be the duty of the said Board of Trustees un^f/nd^'^o\°
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.
Sec. 733. The said Board of Trustees are hereby empowered to^s'^ifc^/tafn
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 re-
tained for the use of the General Assembly and for free dis-
tribution among public libraries and the governments of other
States and of the United States.
Sec. 734. The Board of Trustees for the State Library are .ejon 'tTcen-
required annually to make a report of the proceedings of the annuaUy!^™''^^
Board and the condition of the Library in its charge to the
General Assembly, with any recommendations that may seem
for the advancement of the interests of the Librarv.
ARTICLE XI.
The State Geologist.
Sec.
735. Appointment, term, &c.
736. Duties.
737. Compensation.
738. Puller specific duties.
Sec.
739. Annual report.
740. State cabinet of geollogical
specimens.
288
CIVIL CODE
Duties.
lb.
Compensation,
lb.
Duties.
A. D. 1902.
^^-^-v"*-^ Sec. 735. The Governor, by and with the advice and consent
State Geoio- of the Senate, shall appoint, for a term of two A^ears, a State
gist to be ap- ' '^^ _ -' '
pointed; term; Qeolog-ist, who shall have the qualifications of a g"ood moral
removal from o ' n o ^
office- character and a competent knowledge of scientific and practical
1901, XXIII., Geolog}^ and j\Iineralog}' : Provided, The Governor may re-
move the State Geologist, for cause, at any time, and appoint
a successor, whose appointment shall be confirmed by the Sen-
ate at its next session.
Sec. 736. The duty of the State Geologist shall be to continue
and extend the investigations already made into the Geological
structure and resources of the State.
Sec. 737. The compensation of the State Geologist shall be
one hundred and twenty-five dollars per month, and for neces-
sary assistance, and for expenses a sum not to exceed seven
hundred and fifty dollars per annum, payable monthly, the said
salar\- and pay for assistance and expenses to be paid by the
State Treasurer monthly out of any funds not otherwise appro-
priated, on the warrant of the Comptroller General, based on
itemized and verified statements of the services and expenses
submitted to and approved by the Governor.
Sec. 738. It shall be the duty of the State Geologist to study
and determine as nearly as possible the number and extent of
the various formations of the State, to represent the same, from
time to time, upon properly constructed maps and diagrams ;
to study the modes of occurrence and the distribution of the
useful minerals and products of these formations ; to determine
the chemical composition and structure of the same; to inves-
tigate the soils and water supply of the State; and to give
attention to, locate and describe phosphate deposits, useful
building stone, kaolin material for brick, for cement and other
substances useful or valuable to the citizens of the State.
' Sec. 739. The State Geologist shall make, and submit to the
Governor, on or before the first day of January of each year, a
report covering his work of the preceding year, and the report
shall be transmitted to the General Assembly, to be printed in
the same manner as other public documents, or as shall be other-
wise ordered.
Sec. 740. The State Geologist may from time to time collect
geological specimens for a State Cabinet, and is hereby author-
ized to procure, at the expense of the State, when needed, suit-
able cases for such Cabinet, not to exceed fifty dollars, payable
as provided for his other expenses, to be located in the Legis-
Ib.
Report.
lb.
Speciinens.
' lb.
OF SOUTH CAROLINA.
lature Library Hall or other suitable place in the State House,
to be designated by the Secretary of State; of which Cabinet,
when established, the State Geologist shall be the curator.
289
A. D. 1902.
ARTICLE XII.
State Entomologist and State Board of Entomology.
Sec.
741. State Board of Entomology ;
how constituted ; term of
ofBce.
742. Powers to Board to make
rules and regulations.
743. Appointment of State Ento-
mologist.
744. Compensation of Entomolo-
gist.
745. Duties of Entomologist.
746. Sale of infected or diseased
plants prohibited.
Sec.
747. Entomologist to enter any
premises in the discharge of
his duties.
748. Regulations to be adopted to
prevent introduction of crop
pests.
749. Inspection of nursery stock,
certificate.
750. To be made annually, &c.
751. Non-resident nurserymen.
752. Investigations on reports to
Board.
Powers.
lb.
Section 741. On or before April the ist, iQOi, and every two , state Board
'^ > y ' -'of Entomology.
years thereafter, the Board of Trustees of Clemson College ^ ^^ xxiii
shall designate three members of the said Board, who shall 703.
constitute and be known as the State Board of Entomology,
and who shall be charged especially with the execution of the
provisions of this Article.
Sec. 742. The said Board shall have full power to adopt
such rules and regulations governing the inspection, certifica-
tion, sale, transportation and introduction of trees, plants,
shrubs, cuttings, buds, vines, bulbs, or roots, that they may
deem necessary or advisable, to prevent the introduction or
dissemination of destructive pests and plant diseases in this
State.
Sec. 743. The said Board shall have power to appoint an Entomologist
. -^ -^ to be appomt-
Entomologist, who shall be a skilled horticulturist, and an As- ^'^■
sistant Entomologist if, in their judgment, it shall be impracti-
cable for the Entomologist so to be appointed to discharge the
duties hereby devolved upon him ; and such Entomologist shall
act as an inspector under the provisions of this Article; and it
shall be the duty of said Board to promulgate rules and regula-
tions in accordance with this Article for the guidance of said
Entomologist and his assistant, if one shall be appointed, in the
duties devolving upon him under the provisions hereof.
Sec. 744. The said Board shall fix the salary of said En-
Ib.
19. — C
290 CIVIL CODE
A. D. 1902.
^-*""V*^ tomologist, and of his assistant, if one shall be appointed; the
Compensation, g^j^ salary shall be paid out of the funds now provided by law
^^- for the uses of Clemson College; and, in addition to said sal-
aries, such expenses as the said Board may allow for traveling
and other incidental expenses of the Entomologist and his as-
sistant, and the issuing of reports, or other publications, shall
be paid out of the funds provided for the uses of Clemson
College.
speTrt?eit ^^^' '^^^' ^^^ Entomologist shall have power, under the
viLey'lrds.^ "" "^ regulations of the said Board, to visit any section of the State
where insects injurious to or destructive of plants are believed
^ , to exist, and shall determine whether any infested trees, or
Treatment by ' . . -' '
destruction of, plants, or vincyards are worthy of remedial treatment, or should
be destroyed ; and he shall report his findings in writing to the
owner of the premises where such trees, or plants, or vineyards
are situated, or to his agent or tenant, and a copy of his report
shall also be submitted to the said Board. In case of objection
to the finding or report of the inspector, an appeal may be had
to the said Board, who shall have the power to summon wit-
nesses and hear testimony on oath, and whose decision shall be
final. Upon the finding of the inspector in any case of infested
trees, or plants, or vineyards, the treatment prescribed by him
shall be executed by the owner of the premises, unless an ap-
peal is taken, and the cost of material incident to such treat-
ment shall be borne by the owners of the premises : Provided,
however, That in case the trees, or plants, or vineyards shall be
condemned by the inspector, they shall be destroyed, by his di-
rection, by the owner of the premises, and the expense of said
action shall be borne by the owner of the premises: And Pro-
vided, further. That the provision in reference to destroying
plants shall not refer to cotton, corn, grain or such other field
plants as are not subject to sale and transportation. No com-
pensation shall be paid to the owner of the premises for any
plant that shall thus be destroyed.
The failure or refusal of owner of premises to execute treatment prescribed by
entomologist, &c., is a misdemeanor. — See Criminal Code.
Sale of in- Scc. 746. It shall be unlawful to sell, or offer for sale, or
eased pYa n'ts transport plauts, buds, trees, shrubs, vines, tubers, bulbs, roots
^^° ^ '^^ " or cuttings known to be infested with dangerous or injurious
insects or plant diseases.
Violation of this Section is a misdemeanor. — See Criminal Code.
Entomologist Sec. 747. The said Entomologist, or his assistant, is
may enter any
premises, &c. hereby authorized and empowered to enter upon any premises
lb.
OF SOUTH CAROLINA.
in this State for the discharge of the duties hereby prescribed,
or that may be prescribed by said Board.
His obstruction is also a misdemeanor. — See Criminal Code.
Sec. 748. The said Board shall have the power to adopt ^^^°^^Jg^^^°
rules and regulations, consistent with the laws of this State and regulations t o
o ' prevent mtro-
of the United States, for preventing the introduction of in- Auction of crop
' ^ "^ pests.
jurious crop pests from without the State, and for the govern- ~
ment of common carriers in transporting plants liable to harbor
such pests to and from the State. '
Sec. 749. It shall be unlawful for any grower of fruit trees, injectfon'^and
nurserymen, or corporation to ship within this State any trees, e-^amination.
shrubs, cuttings, vines, bulbs, or roots without having the same ^'^•
previously examined by said Entomologist, or by his assistant,
within six months next preceding date of such shipment, a
certificate of such inspection in such form as may be adopted
by said Board to accompany each box or package.
Violation of this Section a misdemeanor. — See Criminal Code.
Sec. 750. All fruit growers, nurserymen or corporations re- s p e'c't io^n 'of
siding in this State, dealing in or handling fruit trees, shrubs, et^^f^n" State^'
cuttings, vines, bulbs, or roots, shall be compelled to have his or J^_
their stock inspected annually on or before the ist day of No-
vember of each year. If, upon such inspection, such stock is
found to conform to the requirements of said Board, the in-
spector shall furnish a certificate to that effect ; or if such stock
shall not conform to the requirements of said Board, then the
said inspector may cause the same to be destroyed, at the ex-
pense of the owner thereof : Provided, That any fruit grower,
nurseryman or corporation residing without this State and
desiring to sell trees, shrubs, cuttings, vines, bulbs or roots
within this State, may notify the State Entomologist of this
State, who shall inspect and certify their stock : Provided,
Such fruit grower, nurseryman or corporation shall pay all
costs incident' to such inspection and certification.
Sec. 751. All persons or corporations residing without nurserymen.^'^
the limits of this State, dealing in trees, plants, cuttings, J^.
shrubs, vines, or roots, shall register his, their or its name, and
file a copy of his, their or its certificate of inspection, furnished
by the Entomologist, or Inspector, or dul}^ authorized official of
the State in which he or they or it resides, with the Chairman
of said Board. Upon failure to comply with this requirement,
any of said articles that may be shipped into this State may be
confiscated or destroyed by the authority of said Board.
CIVIL CODE
&c.
lb.
Sec. 752. When two or more reputable citizens of any
,n''7omffainfs! County in this State notify the Chairman of the State Board of
Entomology that noxious insects or plant diseases exist in
their County, it shall be his duty to have the Entomologist
promptly investigate the matter and take such steps as author-
ized and prescribed in this Article and by the State Board of
Entomology.
re?Tifations ^"'^ The Said Board is hereby authorized and empowered to make
such rules and establish such regulations to carry out the pro-
visions of this Article as in their judgment will best promote the
accomplishment of the purposes intended to be effected by this
Article.
CHAPTER XX.
County Officers.
Article i. The County Supervisor and Board of Commis-
sioners.
Article 2. The Sheriff.
Article 3. The Coroner.
Article 4. The Clerk of Circuit Court.
Article 5. The Register of Mesne Conveyances.
Article 6. The Judge of Probate.
Article 7. The Master.
Article 8. Magistrates.
Article 9. Constables.
ARTICLE I.
The County Supervisor and County Board of Com-
missioners.
Sec.
753. Election of County Super-
visor ; term of office.
754. Bonds of County Supervisors.
755. General Jurisdiction of Coun-
ty Supervisors.
756. County Board of Commission-
ers, how composed, gener-
ally.
757. County Board of Commision-
ers, how composed in cer-
tain Counties.
Sec.
758. The County Supervisor the
chairman of such Board.
759. Salaries of County Super-
visors.
760. Compensation of County Com-
missioners.
761. Special provision as to such
Board in certain Connties.
762. Bonds of County Commis-
sioners.
OF SOUTH CAROLINA.
293
Sec.
763. Clerks of Boards of County
Commissioners ; salaries.
764. Township Commissioners in
certain Counties.
765. Organization of County Board
of Commissioners in such
Counties.
766. Compensation of such Town-
ship Commissioners.
767. Accounts to be presented for
approval and payment.
768. Annual report to Circuit
Court.
769. Publication of quarterly re-
ports in certain counties.
770. Duplicate copies of approved
claims to be furnished Rep-
resentatives ; when required.
771. Right to administer oaths, &c.
772. Convicts may be sentenced to
chain gang.
773. County Supervisor to have
charge of chain gang.
774. Care of convicts.
775. Municipal convicts.
776. Hire of convicts to other
Counties.
777. Exchange of convict labor
with other Counties.
778. Maintenance of convicts on
chain gangs.
779. Hire of Convicts to be paid
into County Treasury.
780. Chain gangs may be used to
promote public health.
781. Fees for dieting prisoners.
782. Clothing convicts on chain
gang.
783. Disposition of unmanageable
or disabled convicts.
784. Health of convicts.
785. Paupers and Poor House.
786. Regulations for Poor House.
787. Control of property for the
poor.
788. Apprenticeship of poor, or il-
legitimate children.
789. Moneys paid by fathers of
bastards.
790. Contracts as to Poor House.
791. Claims in reference to same.
792. Report as to Poor House.
793. Seal of County.
Sec.
794. Fees to be paid by County.
795. Court fees to be paid by
County.
796. Constables' salaries ; deduc-
tions from.
797. Sheriffs, &c., to execute orders
of Board.
798. Reports by County officers.
799. Estimate of expenses to be
furnished Comptroller Gen-
eral.
800. Penalty for defaults by Coun-
ty Supervisor.
801. Salaries of Supervisors to be
paid quarterly.
802. Records and minutes of
Board open to inspection.
803. County funds raised by tax-
ation not subject to levy.
804. Fiscal year ; time and notice
of annual meeting.
805. Fees of Magistrates and other
officers ; when allowed, &c.
806. Claims against County ; how
made out and verified.
807. Claims to be entered on File
Book.
808. Claims when barred.
809. When and how orders on
County Treasurer are to be
drawn.
810. Certified copies of accounts to
be given parties demanding
them.
811. Comptroller General to pre-
scribe forms and system of
bookkeeping.
812. County officers to be fur-
nished certain necessaries.
813. Rooms for Courts to be fur-
nished.
814. Extra allowance to salaried
officers forbidden.
815. May change name of Town-
ships, notice.
816. May borrow money in certain
Counties.
817. Obligation to be given for
loan.
818. Use of money so borrowed.
819. Loan to be paid by lender to
County Treasurer.
A. D, 1902.
Section 753. There shall be an election held at each e-eneral ^ Election o f
1 . I- o r^ • 1 County Super-
election for btate officers m the several Counties of the State for ^i?£"'- , ,
. ierm of of-
one County Supervisor, whose term of office shall be two years, ^
and until his successor shall have been elected and qualified. R- s. 6^3;
_ ^ 1893, XXI.,
Sec. 754. 1 he County Supervisor so elected shall, before en- 482; 1899,
CIVIL CODE
taring upon the duties of his office, execute a bond for the use
Bond of Su- of the Countv, with three or more sufficient sureties, for the
pervisor. -^ ' '
— ^^ — ^ — Y~. faithful performance of his duties, in the penal sum of five
XXIII 666^' thousand dollars, except in Orangeburg and Pickens Counties,
where his bond shall be in the sum of two thousand dollars.
Said bond to be approved in the same manner as now provided
for bonds of County Auditors and County Treasurers, except
in Orangeburg County, where said bond shall be approved by
the County Auditor and County Treasurer.
diction"of'"su- ^^^' ^^^- The County Supervisor shall have general jurisdic-
pervisor. tion ovcr all public highways, roads, bridges and ferries, and
^^R. s. 645; over the paupers, and in all matters relating to taxes and dis-
bursements of public funds for County puposes, in their re-
spective Counties, and in any other case that may be necessary
for the internal improvement and local concerns of their re-
spective Counties ; said Supervisor shall have power and au-
ter^oaths™"^'^' thority to administer oaths to any person in reference to mat-
ters appertaining to his office.
oftommi?s°ion'^ ^^^- ^^^- There shall be in each of the Counties of this State,
^osed^°^ '=°'"' except Bamberg, Barnwell, Beaufort, Charleston, Cherokee,
1800 XXIII Chester, Kershaw and Hampton, a County Board of Commis-
xxiii' 2^ 7°°' sioners, which shall be composed of the County Supervisor,
^9oi.g XXIII., -^ 1^0 shall be elected and hold office as now provided by law,
and two Commissioners who shall be appointed by the Gover-
nor, upon the recommendation of the members of the General
Assembly from the several Counties, or a majority of them,
and whose term of office shall be co-terminal with that of the
Supervisor with whom they are appointed to serve, and until
their successors shall be appointed and qualified. Said Commis-
sioners shall be commissioned by the Secretary of State as other
County officers, but without charge for their commissions :
Provided, That in the Counties of Colleton, Union, Dorchester,
Lexington, Laurens, Oconee, Orangeburg and Spartanburg the
said two Commissioners are to be elected by the qualified elect-
ors thereof at each general election. They shall hold for two
years, and until their successors are elected and qualified : Pro-
vided, further, That in Richland County one Commissioner
shall be elected in each township by the qualified electors there-
of at the next general election and every two years thereafter,
and they shall hold office for two years from election, and until
their successors shall be elected and qualified.
xxi''483^^^' ^^^' '^^'^' ^^ ^^^ Counties of Bamberg, Barnwell, Beaufort,
OF SOUTH CAROLINA.
Charleston, Cherokee, Chester, Kershaw and Hampton, the
County Board of Commissioners shall be composed of the Coun-
ty Supervisor and the chairmen of the Township Boards of
Commissioners in the several Townships appointed by the Gov-
ernor.
Carolina Grocery Co. v. Burnet, 6i S. C, 205; 39 S. E., 381.
Sec. 758. The County Supervisor shall be the chairman of county Boards
the County Board of Commissioners. xxi., 483;
Sec. 759. The County Supervisors of the various Counties ^^m- ^66-
shall receive annual salaries, payable as now provided by law, ^oi^^ty "super^
as follows : Abbeville, seven hundred dollars per annum ; Aiken, ^i^sors^
eiffht hundred dollars ; Anderson, eiffht hundred dollars : Bam- J^oo, xxiii,
0 ' ' & ' 281; 1901, lb.,
berg, six hundred dollars ; Barnwell, eight hundred dollars ; ^^4. 667.
Beaufort, eight hundred dollars ; Berkeley, five hundred dol-
lars ; Charleston, twelve hundred dollars ; Cherokee, five hun-
dred dollars ; Chester, eight hundred dollars ; Chesterfield, six
hundred dollars ; Clarendon, six hundred dollars ; Colleton, five
hundred dollars ; Darlington, six hundred dollars ; Dorchester,
four hundred dollars ; Edgefield, three hundred dollars after
the first of January, 1901 ; Fairfield, six hundred and fifty dol-
lars ; Florence, six hundred dollars ; Georgetown, eight hundred
dollars ; Greenville, eight hundred dollars ; Greenwood, seven
hundred dollars : Provided, The Supervisor shall spend his
whole time on the roads and in the County ; Hampton, six hun-
dred dollars ; Horry, three hundred dollars ; Kershaw, six hun-
dred dollars ; Lancaster, three hundred dollars ; Laurens, six
hundred dollars ; Lexington, two hundred and fifty dollars ;
Marion, eight hundred dollars ; Marlboro, five hundred dol-
lars ; Newberry, seven hundred and fifty dollars ; Oconee, two
hundred and fifty dollars, without mileage : Provided, That he
shall be required to spend only so much of his time on the roads,
bridges and public affairs of said County, acting with the other
members of the County Board of Commissioners as shall be
necessary for the proper care and discharge thereof, and per-
form all other duties required of Supervisors by law ; Orange-
burg, three hundred and fifty dollars ; Pickens, two hundred
dollars ; Richland, nine hundred dollars ; Spartanburg, one
thousand dollars ; Saluda, four hundred dollars ; Sumter, seven
hundred and fifty dollars ; Union, six hundred dollars ; Wil-
liamsburg, six hundred dollars ; York, six hundred dollars.
Sec. 760. The County Commissioners shall each receive from ^ i^9oo,^xxiii.
the respective Counties, as compensation for their services, ^^^^^fif^'l'^^l)
664, 667.
296 CIVIL CODE
A. D. 1902.
^-— Y— ' sum of three dollars per day, not exceeding twenty-five days in
any year, except the County Board of Commissioners of Flor-
ence County who shall receive five cents (5c.) per mile one way
in the most direct route going to the Court House on official
business, except in Saluda, where they shall not exceed thirty
days in any year ; and in Newberry County, where the per diem
shall not exceed seventy-five dollars ; and in Chesterfield and
Clarendon Counties, where they shall receive two dollars per
day and five cents per mile for each mile traveled in going to
and returning from the meetings of the Board at the Court
House, not exceeding twenty-five days ; and in Greenville,
where they shall receive two dollars per day not exceeding
seventy-five days ; and in Lancaster and Sumter Counties,
where they shall receive two dollars per day for not exceeding
twenty-five days ; and in Sumter and Berkeley Counties mileage
not exceeding five cents per mile in going to and returning from
the Court House by the nearest route to attend the meetings of
said Board, shall also be allowed said Commissioners ; and in
Fairfield County, where they shall receive two dollars per day,
not exceeding thirty-five days ; and in Greenwood County,
where they shall be on duty not less than fifty days and each re-
ceive one hundred dollars per annum; and in Pickens and
Oconee Counties, where they shall each receive two hundred
dollars per annum after the year 1900 ; said Commissioners to
be elected at the next general election, and every two years
thereafter; and in Spartanburg County, where they shall re-
ceive two dollars and fifty cents per day for not exceeding one
hundred days, and five cents per mile for each mile of neces-
sary travel on official duty ; and except in the County of Colle-
ton, where they shall receive three dollars per day each for not
exceeding fifty days in any one year, and except in the County
of Aiken where they shall receive three dollars per day each for
not exceeding sixty days in any one year : Provided, That in
the County of York, each of the County Commissioners shall
receive the sum of one hundred and fifty dollars per annum in
full for their services, the same payable monthly: Provided,
further. That in the Counties of Lexington and Union said
Commissioners shall each receive a salary of two hundred and
fifty dollars per annum ; in Dorchester County, two hundred
dollars per annum ; and in Orangeburg County, a salary of
three hundred and fifty dollars per annum, without mileage.
Sec. 76L In Colleton and Oconee Counties one of said Com-
OF SOUTH CAROLINA.
missioners shall be present and act with the County Supervisor
in awarding all contracts for the repair of highways ^iid visfons'^as'^To
bridges, where the contract price exceeds ten dollars, and shall ^f°^^^jj^j^g°;^^j{^
likewise be present when such repairs are to be inspected and re- coundes?^'^*'^"^
ceived. In the County of Orangeburg, in addition to the duties
now devolved by law upon such Boards, said Board of Commis-
sioners for said Counties shall have joint control of the County
chain gang and Poor House farm and shall prepare and keep a
record of the roads, with the number of miles of each highway
and the number of bridges over ten feet in length on each of
said roads, and shall also furnish a certified statement of the
receipts and expenditures of all the County officers, and shall
transmit the same to the members of the General Assembly, not
later than lo days after the opening of the session thereof ; and
in the Counties of Dorchester and Marlboro the Commissioners
shall, on or before the second Monday of each and every month,
file with the Clerk of the Court of Common Pleas a full and
itemized statement of all the purchases, disbursements and ex-
penditures during the preceding month, which statement shall
be open for public inspection.
Sec. 762. The said two County Commissioners appointed, or q
elected, as prescribed in Section 756 shall each give bond in the 1901, xxiii.,
sum of one thousand dollars, except in Lexington, Orangeburg ^^^' ^^''■
and Pickens Counties, where their bonds shall be in the penal
sum of two thousand dollars.
Sec. 763. The said Boards may, in each of the Counties gourds ^o°f
named in this Section, and in no others, elect a clerk, who shall ^rs;^uties^and
perform the duties of secretary, and be paid an annual salary as ^^^^"^^"
now provided by law, to be fixed by the Board, not exceeding 28'^3^;°°'9^ifib!;
in the several Counties the sums hereinafter named, to wit : ^°''-
Aiken, two hundred dollars ; Anderson, one hundred and fifty
dollars ; Barnwell, four hundred dollars ; Berkeley, two hundred
dollars ; Charleston, one hundred and fifty dollars ; Cherokee,
two hundred dollars ; Clarendon, one hundred and fifty dollars ;
Colleton, one hundred and fifty dollars ; Darlington, one hun-
dred and fifty dollars ; Dorchester, one hundred dollars ; Edge-
field, one hundred and fifty dollars, after the first of January,
1901 ; Florence, seventy-five dollars ; Georgetown, one hundred
dollars ; Greenville, two hundred and fifty dollars ; Greenwood,
one hundred and fifty dollars ; Horry, one hundred dollars ;
Hampton, one himdred dollars ; Lancaster, one hundred dol-
lars ; Laurens, one hundred and fifty dollars ; Marion, two hun-
B o n d of
ommissioners
298 CIVIL CODE
A. D. 1902. ■
"— "^Y^*-^ dred dollars ; Oconee, one hundred dollars ; Pickens, one hun-
dred dollars ; Richland, five hundred dollars ; Spartanburg, five
hundred dollars ; Saluda, one hundred dollars ; Sumter, three
hundred dollars ; Union, one hundred and fifty dollars ; Wil-
liamsburg, fifty dollars ; York, one hundred dollars ; Orange-
burg, one hundred dollars ; Lexington, one hundred dollars :
Provided, That in Newberry County the County Board of
Commissioners may elect a clerk, who shall be an attorney-at-
law, and who shall perform the duties of clerk and attorney for
said Board, with an annual salary of one hundred and fifty dol-
lars, payable monthly: Provided, further. That in Greenville
County, the clerk shall be appointed by the Supervisor. In the
other Counties the County Boards of Commissioners shall, at
their first meeting, elect one of its members as secretary thereof,
Co'^nfmissS Scc. 764. In the Counties of Bamberg, Barnwell, Beaufort,
pomted°^ te?m Charleston, Cherokee, Chester, Kershaw and Hampton, the
°^ °^'^^- Governor shall appoint, upon the recommendation of the Sena-
4 il'^-f'i s'^e'! ^o^ ^"^ members of the House of Representatives from the re-
XXII., 246. spective Counties, three discreet qualified electors in each town-
ship in the several Counties of this State, who shall be known
as the Board of Township Commissioners, whose term of office
shall be co-terminal with that of the Governor by whom such
Commissioners shall have been appointed and until their suc-
cessors are appointed and qualified. In case of a vacancy, or
in case of the refusal of any person so appointed to serve as
such commissioner, the Governor shall fill the same as herein-
before provided : Provided, That in the appointing of said
Commissioners the Governor shall furnish a duplicate list for
each County of said appointees to the Secretary of State, one
list to be filed in the office of Secretary of State, the other to be
sent by the Secretary of State to the Clerk of the Court of each
County and put on file in the office of the Clerk of Court. The
Clerk of Court shall notify and take the oath of each appointee
and file the same. The Commissioners may take the oath before
any officer authorized to administer an oath. No person
shall be required to serve more than once in every four years ;
and said Commissioners shall, during the term of their office, be
exempt from all road and jury duty.
orSz^tfon^"" ^®^' '^^^' Ij^i^ediately after the appointment of the sev-
jg xxF ^^^^ Boards of Township Commissioners for the Counties men-
xx!' ^^07 ^ ^' tioned in the last preceeding Section and the election and quali-
fication of the County Supervisor, or as soon thereafter as may
OF SOUTH CAROLINA. 299
A. D. 1902.
be practicable, the said Supervisor shall call a meeting of said ^ i '
Board for the purpose of organization. And the County Board Qu.ar t e r 1 y
r^ r ^ r -\ IV ' t • If eetingS.
of Commissioners shall meet thereafter on the first Monday m
January, April, July and October of each year at the County Quorum.
Court House, for the transaction of business, and a majority of ^
' . , Extra meet-
said Board shall constitute a quorum : Provided, That the ings.
chairman of said Board may call an extra meeting at any time,
and shall be required to do so upon the written request of three ^
members of the Board. At the first meeting of said Board state Board of
° Equalization.
they shall elect one of their number who shall be a member of
the State Board of Equalization and who shall perform all the
functions of said office as now provided by law.
Sec. 766. The members of the Board of Township Commis- Compensation
of T. o w n ship
sioners, provided for in Section 764, shall each receive as cortl- c o m m ission-
pensation for his services the sum of one dollar per day, for not 7^77777
. . . .. 1901. aXIII,
exceeding five days, and the chairman of said Board an addi- 664.
tional sum of one dollar per day for each day's attendance and
mileage of five cents per mile in the most direct route one way
from his home to the Court House when attending upon the
meetings of the County Board of Commissioners when the said
County Board is not sitting as a Board of Equalization : Pro-
vided, That in the County of Beaufort the chairman of the
said Boards of Township Commissioners shall receive as com-
pensation for their services, besides their per diem herein pro-
vided for, mileage at five cents per mile going and returning
from their homes to the Court House when attending upon the
meetings of the County Board of Commissioners.
Sec. 767. All accounts, claims and demands of whatever na- j^^^ "^^.^ "^^^^^^ *°
ture existing against the County for opening, constructing,
maintaining and operating any public highway, road, bridge or
ferry shall be presented to the County Board of Commissioners, Approval and
duly attested, and if approved by said Board the County Super- payment.
visor shall draw his warrant upon the County Treasurer, under gi^93, xxi.,
the seal of the County Board of Commissioners, for the amount
of any such claim or claims, which warrant shall be counter-
signed by the Secretary of the Board, and the same shall be
paid by said Treasurer out of the County road fund.
Sec. 768. The County Board of Commissioners of the several j^^™^^°^^^"j
Counties shall submit to the presiding Judge on the first day ^j°^^^jjjj^°i^^^
of the first term of the Court of General Sessions in each year, ^
to be by him submitted to the grand jury of the County with an ^^^^^' ^^^i-
itemized statement of all amounts ordered to be paid by them
CIVIL CODE
for the preceding fiscal year, tlie condition of the highways and
bridges and the poor and poor farm, and other matters con-
cerning the welfare of the County.
County Su- See. 769. The Supervisors of the State are required to pub-
p e r V isors to ^ t. r
teri^'^re ortT""" ^^^^ '^^^ somc ucwspapcr published in their respective Counties,
i8 7 XXII ^^ least in one issue thereof, and within fifteen days after each
498; 1898, meeting of the Count v Board of Commissioners at which claims
XXII., 736; c>
1901, XXIII., ^j-g audited, a full statement of the claims audited by said
Board at its meeting immediately preceding said publication.
sb^f ^conta°n*^ ^^^^ ^^'^^ Statement shall show, as published, the file number
of the claim, the amount claimed, the amount allowed, the nature
of claim or services rendered, and the name of the claimant.
pa?d^* °^' ^°^^' Said publication shall be paid for at the rate now allowed by
law for public printing : Provided, The same does not exceed
sixty dollars per annum : Provided, That the provisions of this
ce^ted"''^^ ^''" Section" shall not apply to the Counties of Barnwell, Bamberg,
Charleston, Chesterfield, Darlington, Anderson, Berkeley, Ker-
shaw, Horry, Laurens, Marlboro, Beaufort, i\Iarion, York,
Oconee, Lexington, Georgetown, Lancaster, Chester, Green-
wood, Pickens, Union and Cherokee.
County Su- Sec. 770. It shall be the duty of the Countv Supervisors or
pervisors and ^ ' . ^ . „
Board of Countv Boards of Commissioners of each Countv in this State,
County Com- " ,,.'-,,.
missioners t o and they shall be required to have a duplicate of each claim
furnish dupli- • \^ r- • 1 t r^
cate copy of approved bv the said Countv Supervisors or by the Countv
a 1 I approved _* ' .. .',_, .,,,.'
claims to their Boards of Commissioiicrs for each fiscal vear, the said duplicate
R e p r e senta- ■, • r 1 • -i •' • • jir
lives when re- copy to show the towuship trom which it originates, and be tor
'- the use of the Senators and members of the House of Represen-
1898, XXII., . r 1 ■ • ^ ,• 1 .1 -J J 1- . .
735. tatives of their respective Counties, and the said duplicates to
be made as the different transactions occur in the different of-
fices of the County Supervisors or County Board of Commis-
sioners, and to be delivered on demand to the Senator or any
of the members of the House of Representatives upon their re-
ceipt for the same: Provided, That at the beginning of each
fiscal year the Senator or some of the members of the House
of Representatives shall give notice that such duplicate copy is
required of them for his use or for the use of the legislative dele-
gation from said County.
minister oaths Scc. 77L The mcmbcrs of the County Board of Commission-
and punish. 1 n 1 1 • • 1 11
ers shall have power to administer oaths to all persons appear-
I 8 9*3, 'xxi.; ing before them, and to punish by fine not exceeding ten dollars,
or imprisonment in the County jail not exceeding twenty hours,
any and all persons guilty of disorderly conduct amounting to
OF SOUTH CAROLINA.
an open or direct contempt or wilful interruption of their pro-
ceedings.
Sec. 772. All the Courts of this State and municipal authori- be^s°enYenceTto
ties which under existing laws have power to sentence convicts g°ngj;^ '^^^^^'
to confinement in prison with hard labor, shall sentence all able- j^ § gg^-
bodied male convicts to hard labor upon the public works of the^ 1 1^\ ffl']
County in which said persons shall have been convicted, and iT^fgfjjih'.', Itt-
the alternative to imprisonment in the County jail or State Peni- '^^g. xxiii.,
tentiary at hard labor : Provided, That municipal authorities
may sentence municipal convicts to work upon the streets and^^j^^^^^P'^P^^
other public works of the municipality in which they have been ^'^^° ^ ^° '^'™^-
convicted, and such convicts when so sentenced shall work
under the exclusive direction and control of the municipal au-
thority imposing sentence : Provided, That no convict whose
sentence shall be for a period longer than five years shall be so
sentenced.
Sec. 773. All convicts upon whom may be imposed sentence ^°yTloT^to
of labor on the highways, streets and other public works of 3L^^^\f^^^^^^°^
County shall be under the exclusive supervision and control of ^°'^^ worked"^^
the County Supervisor and by him formed into a County chain ^^ "g ^^
gang and required to labor on the highways, roads, bridges, l^^ ^' xxii.,
ferries and other public works or buildings of the County ; and
he shall direct the time, place and manner of labor to be per-
formed by said chain gang: Provided, That said chain gang
shall not be worked in connection with or near any road contrac-
tor or overseer. And all convicts upon whom may be imposed
sentence of labor on the highways, streets or other public works
of a city or town shall be under the exclusive supervision and
control of the municipal authorities of such city or town, or such
officer or officers as such municipal authorities may appoint, and
by them or him formed into a city or town chain gang, and re-
quired to labor on the streets, lanes, alleys, drains and other
municipal public works or buildings of such city or town (in-
cluding public parks owned and controlled by such city or town,
whether within or without the corporate limits of such city or
town), but on no other highways, streets or other public works
in or of the County in which such city or town may be situated :
Provided, That if any convicts upon whom may be imposed
sentence of labor on the highways, streets and other public
works of a County are not formed into a County chain gang, or
are not required to labor on the highways, streets and other
public works of a County, they may be required to labor on the
302 CIVIL CODE
A. D. 1902.
^—■^r^—' highways, streets and other pubhc works of any city or town
in such County having- a city or town chain gang, upon such
terms as may be agreed upon by and between the County Board
of Commissioners of such County and the municipal authori-
ties of such city or town.
Care of con- Scc. 774. That the County Board of Commissioners shall diet
victs.
■ and provide suitable and efficient guards and appliances for the
1893, XXI., ^ . & rr ^
486. safe keeping of said convicts. They shall likewise provide all
necessary tools, implements and road machines for performing
the work required of said convicts, all costs and expenses of
Expenses.
which shall be paid out of the County road fund in the same
manner as other charges against said fund are paid.
M u n i c ipai Scc. 775. The municipal authorities of any city or town shall
convicts. ^ . -^ -^
diet and provide suitable and efficient guards and appliances
1896, 245 ^ t> fi
for the safe keeping of all convicts sentenced to labor on the
highways, streets and other public works of such city or town,
and shall provide all necessary tools, implements and road ma-
chines for performing the work required of said convicts, and
shall pay all costs and expenses of the same.
s u pervisors Scc. 776. Whenever in the judgment of the Board of County
may hire con- jo j
victs to other Commissioncrs of any County of this State, there shall not be
Counties. ,
-- — ;77— -— a sufficient number of convicts sentenced to work on the pub-
1899, XXIII., . ^ .
II- lie works of such County to warrant the expense of maintam-
ing a County chain gang, the Supervisor of such County shall
be authorized to contract with the Supervisor of any other
County in the State for the placing of said convicts into the
custody of and upon the chain gang of said other County, for
such a period and upon such terms and conditions as may be
mutually agreed upon by said Supervisors so contracting : Pro-
vided, That said contract shall require payment of a reasonable
price therein to be stipulated, for the work of said convicts, or
shall provide for an equal exchange of convict labor between
the Counties so contracting.
Sup ervisors Sec. 777. The Supervisor of anv Countv of this State is here-
may exchange '_,'..
convict labor, by authorized to contract with the Supervisor of any other
i^- County of this State, desiring to hire out convicts or to ex-
change convict labor as herein provided, upon such terms as
may be mutually agreed upon ; and to this end said Supervisors
are hereby vested with all the necessary powers as if said con-
victs were convicted and sentenced in their own Counties re-
spectively : Provided, That all contracts entered into by any
Supervisor hereunder for the hire or exchange of convicts
OF SOUTH CAROLINA. 303
A. D. 1902.
hereunder be approved by a majority of the Board of County ^-— '"■^'^ '
Commissioners of his County.
Sec. 778. Any County in this State maintaining a chain gang^g^^^suiatum
and hiring convicts of another County, or exchanging convict ^^^
labor with such other County, as herein provided, shall at its ^^•
own expense board, clothe, and securely keep such convicts
while in the custody of its officers.
Sec. 779. Any money due any County under any contract p^j'"|°Vnt'o
herein authorized shall be collected by the Treasurer of such^"^"*^ Tve^s-
County and turned into the County Treasury, to aid in defray- J^_
ing the current and ordinary expenses of such County, and any
money due by any County under any contract herein authorized
shall be paid by the Treasurer of such County upon the warrant
of the Supervisor thereof, as other County funds are disbursed.
Sec. 780. The County Board of Commissioners shall hawe J^°^^%^ff^:^
power and authority, in their discretion, to utilize the County ^^^^l^^ ^puwic
chain gang in whole or in part in any kind of work calculated ^f£^^:
to promote or conserve public health in the County or in any /^^^p, xxiii.,
community thereof, in which the sentences of the convicts on
such gang were pronounced.
Sec. 781. The County Supervisors and County Boards of j^^^p^rison^rs.*'
Commissioners of the several Counties of this State shall diet
R. S. ^2561;
all prisoners while in their care and custody outside of the jails l^^^ ^' ^^^^■'
at actual cost, and all SherifTs of the several Counties of this
State shall diet all prisoners while confined within jails, either
prior to conviction or after conviction, at thirty cents per diem.
The Act of 1896 reducing the per diem to twenty cents held unconstitutional
in Dean v. Spartanburg Co., 59 S. C, no; 37 S. E., 226; see also Williams v.
Kershaw Co., 56 S. C, 400; 34 S. E., 694.
Sec. 782. The said County Supervisors and Boards of Com- Clothing
•^ ■"■ prisoners regu-
missioners shall furnish suitable covering and clothing, when lated.
necessary, to all prisoners sentenced to chain gangs in the vari- ^^xxifi '
ous Counties of this State at actual cost, to be paid by the vari- 12.
ous Counties, respectively : Provided, The provisions of this
Article shall not apply to the Counties of Beaufort, Marion,
Charleston, Chesterfield, Colleton, Barnwell, Richland, Berke-
ley, Sumter, Anderson, Pickens, Williamsburg, Newberry,
Union, Georgetown, Aiken, Lexington, Laurens, Oconee, York
and Darlington.
Sec. 783. In case any convict or convicts so employed by the ^^Sun'^ender of
County Supervisor shall become ungovernable or unfit for the — ^^ ^ ^ZT
labor required of such convict or convicts, the said Supervisor ^^96, xxi..
304 CIVIL CODE
A. D. 1902. ■
^^ » ' may commit such convict or convicts to the State Penitentiary
or County jail. And it shall be the duty of the Superintendent
of the Penitentiary, or the Sheriff of the County, as the case
Safe keeping j-Q^v be, to receive anv such convict or convicts so committed.
of convicts. '' '
when said chain gang is not employed, or when convenient
and practicable, they shall be confined in the County jail for
safe keeping under direction of said Supervisor.
Health of §60. 784. The Countv Board of Commissioners shall be
convicts.
— r — ^ — ^^ authorized and required to employ a physician or physicians
XXI., 485. whenever necessary to render medical aid to sick convicts and to
preserve the health of the chain gang. The fees and expenses
Fees and ex- Qf ^f^g same, as wcll as for medicines prescribed, to be paid out
penses. ' _ ...
of the road fund as other claims are paid against said funds.
, Sec. 785. The County Board of Commissioners shall have
Paupers and ■>
poor house, general supervision over the paupers and the Poor House and
^..?- s. 667; Farm of the Countv, and the said Board shall provide all ne-
cessary buildings for the accommodation of the poor of the
County, with sufficient tillable land to give employment to all
Farming land, paupcrs able to work, and said buildings and lands shall be
designated as the Poor House and Farm of the County.
Regulations gee. 786. Said Board shall be empowered to make all
forPoor ^
House. necessary rules and regulations for the government of the
. , Countv Poor House and Farm, to appoint a superintendent.
S u perinten- - ' r r r
dent and as- -with such assistants as mav be needed, to provide means for the
sistants. - _ ^ _
— r^ — ^ — 7^ employment as may be best suited to the inmates of the Poor
XXL, 485- House, to see that every pauper able to work is employed, and
Phv i ians ^*-* appoint ouc or more physicians to the Poor House, who shall
furnish medical aid to the indigent sick.
Control o f gee. 787. The County Board of Commissioners shall have
property for J
the poor. powcr to demand, sue for and receive all such gifts, legacies,
XXI ^8^^^^' fi^cs, forfeitures and all other moneys or things which may be
given or coming to the use of the poor.
ship^or"poOT '^^^' '^^^' I^ c^se any poor child or children shall be, or be-
chiidren. comc, chargeable to the County, the County Board of Commis-
XXII ^85.^^°' sioners may bind out any such child or children as an appren-
tice to some person of good moral character until such child, if
he be male, shall arrive at the age of sixteen years, and if it be
^^^^- a female, until she arrive at the age of fourteen years or shall
marry. The said Board shall have power to bind out to service,
under some person of good moral character, any illegitimate
chiidrlf!*™^''^ child or children likely to become chargeable to the County, or
liable to be demoralized by the immoral conduct or evil example
OF SOUTH CAROLINA. 305
' A. D. 1902.
of their mother or other persons having them in charge, in the ^^^^^^ '
manner and for the time prescribed for pauper children, and
they shall have power to issue all necessary writs to enforce the
provisions of this Section.
Sec. 789. Any moneys becoming due on any recognizances by^^fathers^^of
given for the maintenance of any illegitimate child or children, ti^stards.
if such child or children shall be bound out to service, shall bexxi., 486.^''^'
paid to and received by the Supervisor, to be invested and ex-
pended by him under the order of the Probate Court for the
benefit of such illegitimate child.
Sec. 790. The County Board of Commissioners shall have to Sw House!
power to make all contracts in reference to supplying the Poor ^ g. 672^
House and inmates thereof, repairing buildings and other ne- " ' '' ^'^ '
cessary expenses incident to the care and maintenance of said
Poor House and Farm. Where any contracts shall exceed the
sum of twenty dollars, they shall advertise and receive bids forwent foVbids!
same, and shall accept the lowest bid from a responsible person.
Sec. 791. All accounts, claims and demands, of whatever erenc™1;o"poor
nature, against the County in reference to the Poor House orfa^mf how
Farm for the maintenance and support of paupers shall be pre-pa^id/^"
sented, duly attested, to the County Board of Commissioners, ~r. s. 673;
and be by them audited, allowed or rejected; and for the24l. '
amount of any claim so audited or allowed the County Super-
visor shall draw his warrants, under the seal of the Board, upon
the County Treasurer, countersigned by the Secretary of the
Board, who shall pay the same out of the pauper fund of the
County.
Sec. 792. The County Board of Commissioners shall, at the ^Report to
•' _ C o u r t as to
last term of the Court of General Sessions in each year, make a Poor House.
report to the presiding Judge, to be by him submitted to the R- s. 674;
Grand Jury, of all their actings and doings for the fiscal year, 486.
containing an itemized statement of all amounts ordered to be
paid by them, with a list of inmates and the condition of the
Poor House Farm and inmates.
Sec. 793. The County Supervisor shall procure and adopt a Seai of Coun-
seal, and, when so adopted, shall cause a description thereof,— —-^—^ — :
with an impression therefrom, to be filed in the office of the 1896, x x 1 1.,
Clerk of Court and of the Sheriff, Treasurer, and Secretary of
State, and the same shall thereupon be the seal of the Super-
visor, and all orders or other papers signed by said Supervisor
shall be authenticated by the official seal.
Sec. 794. Each County shall pay :
20. — C
CIVIL CODE
I. The fees of the grand and petit jurors while in attendance
paTd^by Coun' ^^POH the Circuit Court.
^I: 2. Witnesses' fees in the State cases for actual attendance
I 8^9 3?' xxi.l upon the Circuit Courts as provided by law.
''■ ^' The defendants' witnesses are only to be paid by the County in case of felo-
nies.— 1896, XXII., 102., ex parte Henderson, 50 S. C, 331; 29 S. E., 5; Eustace
V. Greenville Co., 42 S. C, 190; 20 S. E., 88.
3. Fees of physicians and surgeons testifying as experts be-
fore a Coroner's jury or the Circuit Court.
4. Fees of Sheriffs and Clerk of Court as provided by law.
The Sheriff cannot be paid for serving subpcena writs on witnesses for defend-
ant in cases of misdemeanor. — Whittle v. Saluda Co., 59 S. C, 554; 38 S. E., 168.
5. Fees of County Coroners as allowed by law.
6. Fees or salaries of Magistrates and Constables.
7. The compensation of Auditors, Treasurers and County
Supervisors as provided by law.
1894, XXL, 8. Accounts heretofore accrued or hereafter to accrue for
721,
dieting prisoners confined in the State Penitentiary pending
their trial or committed thereto for safe keeping, and not for
service of any sentence imposed by law.
Court fees to Scc. 795. The fees allowed jurors, constables and wit-
be paid. -^
„ ^ , nesses shall be paid bv the Treasurer of the Counties, on the
R. S. 6 7 7; "^ - _ _
1893, XXI., presentation to them of certificates signed by the presidmg
Judge and countersigned by the Clerk of the Court, or be re-
Receivable for ceived b v him in the pavment of all Countv taxes when dul v
taxes. - ■■• ^ _
approved by the County Supervisor.
Witness fees need not be proved by affidavit before payment of certificate. — State
V. Bullock, 54 S. C, 300; 32 S. E., 424. Nor need they be approved by the County
Supervisor unless presented in payment for taxes. — lb.
Boards of gee. 796. In all Counties of the State wherein Alagistrates
County Com- "^
missioners t o ^re allowcd bv law to appoint a constable, such constable
deduct from - '^■'■
Constables' sal- go appointed receiving a salarv from the Countv in lieu of all
aries amounts ^'^ o .
paid to certain costs and fccs in Criminal cases, it shall be the dutv of the
persons m cer-
tain cases. Board of County Commissioners to deduct from the salary of
1899, XXIII., such constable all sums paid to any other person or persons for
service rendered the County in criminal cases while acting
under appointment by such ]\Iagistrates on a particular oc-
casion, unless it is proven to the satisfaction of the Board of
County Commissioners that such services were rendered in
an emergency wherein it was impossible for the constable en-
titled to the salary to perform the said services.
othi'r''fees^ °^ '^^^ accouuts of the Coroners and Sheriffs and Supervisors,
jj g g g. and physicians' or surgeons' fees for post mortem, shall be ap-
489
9 3, XXL, proved by County Board of Commissioners, and the Super-
OF SOUTH CAROLINA.
visor, on their approval, shall draw an order upon the County
Treasurer for the payment of the same, countersigned by the Payment.
Secretary of the Board.
Sec. 797. Sheriffs, Deputy Sheriffs, Coroners and Constables gh-^rlffs^ con^
shall execute all legal orders to them directed by the Boards stables, &c.
herein provided for, or the Chairman thereof, and shall receive ^xi %g^^'
therefor the same fees and costs allowed in other cases.
Sec. 798. The reports of the County Treasurer and countroffice'^rs^
other officers now required by law to be made to the Board of"^ g ggQ.
County Commissioners shall, after the passage of this Act, be ^^^•' '^^^■
made to the County Supervisor, and all settlements by any of
the County officers now required to be made with the Board of settlements.
County Commissioners or its Chairman shall be made with the
County Supervisor.
Sec. 799. The County Board of Commissioners shall prepare Estimate of
County ex-
an estimate of the amount of money necessary to pay the ex-penses.
penses incurred by said Boards and for ordinary County ex- 1896, xxir.,
penses, and report the same to the Comptroller General of the xxi.', 489.
State, on or before the 5th day of January of each year, to be ^^1° Al'sei^bly!
by him submitted to the General Assembly, in order to provide j^j g ggj^
the necessary taxation for County purposes.
Sec. 800. In case of the failure of the County Supervisor to ^ f f"^u%s^ by
faithfully perform the duties of his office or the conditions of ^^"1?*^ Super-
his bond, it shall be the duty of the Solicitor of the Circuit in r s 682-
which such Supervisor shall reside to bring an action upon the ^g^^ ^' ^^^■'
bond of said Supervisor in the name of the County, and any
amount realized from said suit shall be deposited in the Treas-
ury to the credit of the road fund, and shall receive therefor
such fees as the Court shall designate.
Sec. 801. The salaries of the Supervisor in the several Salaries to be
/--. . , , , , , _, paid quarterly.
Counties shall be paid quarterly by the County Treasurer out of r
the County funds in the same manner as other claims against xxi., 489.
the County are paid.
Sec. 802. It shall be the duty of the County Supervisor to ^^^^°Js^ ^ "^ '^
cause a record to be kept of all the proceedings of the Board of ~^~g gg
which he is herein made chairman, as well as a record of all ^^i-- 489-
contracts entered into with said Boards,, as provided in this
Article, which said records shall be open to public inspection, gp^tiwi ^° ^"
and all necessary books and materials for keeping same shall
be paid for out of the funds herein provided for the respective
Boards in the same manner as other charges are paid.
3o8 CIVIL CODE
A. D. 1902.
^"""■^■'^'^■"^ Sec. 803. No funds raised by taxation for any County pur-
ralsecf^by^"tai- poses whatso'Cver shall be subject to levy under the process of
%TtoTvy^^' any Court of this State.
G s. 6 1 7; Sec. 804. The fiscal year shall commence on the first day of
?8 7^', x^^.! January of each year. The annual meeting of the County
^^^- Board of Commissioners of each County shall be on the first
tiJe'l'^nd rfo^tki Thursday after the first Monday of January and the Clerk of
i'ngT'cTiTm^s the Board shall give notice of the time of holding said annual
against County, j^gg^-jng by inserting the same at least once a week for four
io?§"io; G^s! weeks previous to such meeting in any newspaper published in
62^i;^R. s.^689; ^j^g County; and if there be no newspaper published in the
xVi., ^tsg; County, then he shall post said notice on the Court House door.
i89o,xx., 710. g^j^ notice shall require all persons holding demands of any
kind against the County, not previously presented to the Board,
to file the same with the Clerk on or before the first day of
January, so that they may be examined and ordered to be paid
at the annual meeting; and it shall be the duty of all persons
holding such accounts or claims, not paid, to deposit them with
the Clerk of the Board as required in the notice.
to MagistJate^^ Sec. 805. All fccs and accounts of Magistrates and other of-
and other of- r j- .., ,. .-,. -
fleers' fees. ficcrs for crimmal proceedmgs, mcludnig cases ot vagrancy,
R. s. 690; when not recovered from the defendant or party complaining,
991.^ ^' " at the rates allowed by law, shall be paid by the County wherein
the offense shall have been committed : Provided, Said fees and
accounts do not exceed the sum of five hundred dollars per
annum, and all accounts rendered for such proceedings shall
state when such offense was committed. The provisions of
this Section shall not apply to the Counties where, by special
legislation, such fees and accounts have been otherwise pro-
vided for.
Not inconsistent with Subdiv. 5, above. — Rogers v. Marlboro Co., 32 S. C, 555;
Claims against j j g £_ ogo^
County; how''
verified. Sec. 806. No accouuts shall be audited and ordered to be
G. s. 623; paid bv the County Board of Commissioners for any labor per-
R. S. 6 9 I , '
187s, XV., 992, formed, fees, services, disbursements, or any other matter, un-
94S;i87 8, .,., -^
XVI., 412; less it shall be made out m items and accompanied with an am-
17 s'; 1893! davit attached thereto, and made bv the person or officer pre-
XXI., 406. . ' .
sentmg or claiming the same, that the said items are correct,
and that the labor, fees, disbursements, services or other mat-
ters charged therein have been in fact done, made, rendered or
are due, and that no part of the same has been paid or satisfied.
And the Clerk of the Court, the Sheriff and Magistrates shall
declare further on oath that the costs in such cases have not
OF SOUTH CAROLINA. 309
A. D. 1902.
been recovered out of the defendants, and that the defendants ^ '^ '
are unable to pay costs ; and also that the fines and penalties
heretofore collected by them have been faithfully and fully paid
over to the County Treasurer. In every case the Magistrates
shall exhibit the original papers in which costs have accrued.
Nothing in this Section shall *be construed to prevent the Board
from disallowing any account, in whole or in part, when so
rendered and verified, if it appears that the charges are incor-
rect or that the services or disbursements have not, in fact, been
made or rendered, nor from requiring any other or further evi-
dence of the truth or propriety thereof. No allowance or pay-
ment beyond legal claims shall ever be allowed. And the Board
may refuse to audit or allow any claim or demand whatsoever,
unless made out and verified in the manner herein specified. No
fees shall be paid by the County Commissioners for the proof
of any claim or claims presented to them against their respec-
tive Counties.
All public officers are required to probate without compensa-
tion all claims against their respective Counties.
Where the original affidavit is insufficient, the Board may allow additional affi-
davit filed to cure the defect. — Maxwell v. Saluda County, 55 S. C, 382; 33 S. E.,
457-
A salary fixed by law need not be audited. — State v. Starling, 13 S. C, 264. As
to witness fees see State v. Bullock, 54 S. C, 300; 32 S. E., 424. Method of
auditing. — State v. Appleby, 25 S. C, 100; Green v. County Commissioners, 27 S.
C, 9; 2 S. E., 618; Tinsley v. Union Co., 40 S. C, 282; 18 S. E., 794. Board
cannot review action of predecessor on claim. — County of Richland v. Miller, 16
S. C, 236; State V. Kirby, 17 S. C, 565. Mandamus against Board. — Hunter v.
Mobley, 26 S. C, 192; i S. E., 670; State v. County Commissioners, 28 S. C, 258;
5 S. E., 622. Appeal from action of Board. — Green v. County Commissioners, 27
S. C, 9; 2 S. E., 618; Tinsley v. Union Co., 40 S. C, 282; 18 S. E., 794; Max-
well v. Saluda Co., 55 S. C, 382; 33 S. E., 457.
Sec. 807. The Commissioners shall keep in their office a^^ciaims;_^how
"File Book," in which all claims presented for their considera- Book£
tion shall be entered by their Clerk, designating the date of^^G.^s. 692;
filing, by whom presented, to whom such claim belongs, and 1875' ^fg^^;
the character and amount thereof. The Clerk shall number xvii., 891.
said claims in the order in which they are filed, audited and
allowed, from number one upwards.
A memorandum of the time of presenting such claims and
the names of the persons in whose favor they are made out, and
by whom presented, shall be entered in the minutes of the
Board. No account when presented, audited and ordered to be
paid shall be withdrawn from the custody of the Board or their
Clerk for any purpose whatever, except to be used in evidence
CIVIL CODE
upon a judicial trial or proceeding, in which case it shall, after
being so used, be forthwith returned to such custody.
cointTls^^wifen ^^^' ^^^' ^^ claim against any County of this State shall be
^^"^^- valid and payable unless the same be presented to and filed with
R % ^' 6^br ^^^^ County "Board of Commissioners of such County during the
1898, X X II., fiscal year in which it is contracte'd or the next thereafter ; and
737- •^. '
all claims not so presented and filed shall be barred ; and no
claim audited and allowed by the County Board of Commis-
sioners or Clerk of Court for fees of witnesses and jurors shall
be paid by the County Treasurer unless the same is presented to
him for payment within five years from the date it is audited
and allowed. This provision shall not affect the law now of
force as to the bonded debt of any County.
State V. Knight, 31 S. C, 81; 9 S. E., 692.
A claim against a County for the expenses of a trial is not barred if presented
within the next year after the completion of the trial. — Colleton Co. v. Hampton
Co., 52 S. C, 589; 30 S. E., 484.
hov^orders'^on Scc. 809. The County Supervisor shall draw orders on the
ui°e""'^^to^'^Te' County Treasurer, under the seal of the Board, countersigned
^^^^^- by the secretary or clerk of the Board, for all accounts against
R^'s^'eglfl the County which they have allowed, but he shall draw no
364.^ ^Se^Iiso orders until after the monthly report of the Treasurer has been
AntJ^^' ^^'' received by them, and unless he has reported the funds in the
Treasury to pay the same; and the County Supervisor shall
inform the County Treasurer of the orders drawn, in whose
favor, the amount, and the order in which they are drawn.
It shall not be lawful for any County Treasurer to pay an
order of the Board of County Supervisors unless drawn in
conformity with this Section; and it is made the duty of the
Comptroller General, in case of any violation of the provisions
of this Section which may come or be brought to his notice, to
report the offender to the Attorney General for prosecution, or
to the Governor for dismissal, as the case may be.
Must give Sec. 810. It shall be the duty of the County Supervisor to
certified copies -^ 111 j- j
of a c c o unts desigfnate every account upon which any sum shall be audited
audited to per- => -' ^ !• 1 1 11 j
sons demand- and allowcd by the Board, the amount so audited and allowed,
mg them. -' 11 1 j 1 1 11
— -— - — ; — and the charges for which the same was allowed ; and he shall
G. S. 629; ^ • T ^ £
R. s. 695; lb., also deliver to any person who may desire it a certified copy of
1875, XV., 994. -' ^ ...
any account on file in his office, on receiving from such person
ten cents for every folio of one hundred words contained in
such copy ; and the Supervisor shall endorse on every account
allowed and ordered to be paid words indicating that it has
been audited above the signature of the County Supervisor.
OF SOUTH CAROLINA.
Sec. 811. The County Commissioners shall keep an account
of claims audited and allowed by them against the several to pr^esc°ribe
funds appropriated for County purposes, in accordance with a temT oT book-
form to be prescribed by the Comptroller General; and they "^^p'"^-
shall conform to any system of bookkeeping that may be pre- isse, xix.'
scribed for use in their office by the Comptroller General. xx.', 350. ^ '
Sec. 812. It shall be the duty of the Commissioners to fur- f^^erT'^tl b^e
nish the Probate Judge, Auditor, School Commissioner, Clerk ^"™^^?^gg^"y
of Court, Sheriff, Treasurer and Master in Equity of their re- ^^^ County.
spective Counties, office room, together with necessary furni- ^^^^^ xxiii.',
ture and stationery for the same, which shall be kept at the ^^i-
Court House of their respective Counties ; and they shall also
supply the offfces of the said officials with fuel, lights, postage
and other incidentals as are necessary to the proper transaction
of the legitimate business of the said ofiEicers : Provided, That in
the Counties of Abbeville and Union no postage shall furnished
to any of the said officers except the Auditor, Probate Judge,
Treasurer and Superintendent of Education, which shall each
be allowed postage to the amount of three dollars.
Sec. 813. If at an}^ time the Court House of any County iurooms "Tor
this State shall be in course of reconstruction or repair, or from fleers f when,
any other cause shall not be in condition to be occupied, the g. s. 634;
County Board of Commissioners of such County must furnish i g 7 5 , "^xv.',
suitable rooms for the accommodation of the Courts and public xxi., 481, Vi-
officers. Extra allow-
Sec. 814. No member of the County Board of Commissioners officers ^^/oT-
shall vote for an extra allowance to any person who is paid by J —'.
salary, nor shall the Treasurer of said County knowingly pay r. ' s.' 701;
to any such person any extra allowance. ggj/ ^' ^ ''
Sec. 815. The Commissioners may change the name or ^^y change
names of any or all of the Townships in their respective Coun- "]5™s" notke."
ties. They shall give notice of such change of names as they qTs. 641;
may make, within fifteen days thereafter, by publication in a f g 7 f " xvi.',
public gazette published in their respective Counties, or by''^^"
notices posted in at least three public places in the County if no
gazette is published therein.
Sec. 816. The Countv Supervisor, with the approval of the May borrow
'^ . money in cer-
County Board of Commissioners in each of the Counties of tain counties.
Greenville, Pickens, Orangeburg, Abbeville, Hampton, Berke- 1894, xxi.,
ley, Anderson, Sumter, Chester, Richland and Georgetown, is
hereby authorized and empowered, for the present and any
succeeding fiscal year, to borrow, upon the faith and credit of
CIVIL CODE
Form of obli-
gation.
the County, a sufficient sum or sums of money to pay, in ad-
Purpose. vance of the collection of taxes therefor, ordinary County ex-
penses, school claims and past due claims against the County,
Security. ^^^^ ^5 security for the repayment of said loans, with interest,
to pledge the taxes to be collected and applicable to the claims
for the payment of which said money shall have been borrowed :
Provided, That the amount borrowed in any year for any of
said purposes shall not exceed the tax levy therefor for that
Limit. year, and that the rate of interest shall not exceed seven per
Interest. ^^^^- P^^ annum : Provided, further, That in the County of
Greenville. Greenville the sum borrowed for the payment of school claims
shall not exceed five thousand dollars in any year.
Sec. 817. The obligation for the repayment of said loan shall
be substantially in the following form :
$
OFFICE OF COUNTY SUPERVISOR,
County, S. C,
, S. C, , 189. .
On or before the day of , 189 . . , the
County of promises to pay to or order the
sum of dollars, with interest at per
cent, per annum from , money borrowed to
pay (here insert the purposes of loan) for the fiscal year be-
ginning January i, 189.., under authority of the Act of
Assembly passed at regular session 1894. To secure the pay-
ment of said sum and interest the taxes of said County to be
collected and applicable to claims for the payment of which
this money is borrowed as aforesaid for the said fiscal year are
hereby pledged to the payee hereof or order.
Witness the hand and official seal of the County Supervisor
of said County, attested by the Clerk of the Board, the day
and year first above written.
Attested by [Seal.]
, Supervisor of County.
Secretary of the Board. Countersigned by .
Treasurer of County.
Valid debt. That an obligation substantially in the above form shall con-
stitute a valid debt against the County so borrowing, and the
same shall be a prior and preferred lien upon the taxes pledged
for the payment thereof.
Duty of Sec. 818. The County Supervisors and Treasurers shall keep
Supervisor and -^ ^ _ , .
Treasurer. ^hc moncy SO borrowcd on the tax levies for their respective
OF SOUTH CAROLINA.
313
A. D. 1902.
Counties for the specific purpose of such levies, according to ^— ^v
the terms of the Act to raise supphes for the year in which the
loan is effected.
Sec. 819. That the money so loaned as aforesaid shall be Money to be
paid to Treas-
paid by the lender to the Treasurer of the County for whose urer.
benefit it is borrowed. The said Treasurer shall thereupon
countersign said obligation, and his signature thereto shall be
deemed sufficient evidence of the receipt of said money by him.
ARTICLE II.
The Sheriff.
EC.
Sec.
820.
Election of Sheriff ; when
held.
838.
821.
Vacancy ; how filled.
822.
Coroner to act as Sheriff dur-
ing a vacancy.
839.
823.
Clerk to act until Coroner
takes charge of vacancy
840.
filled.
824.
Coroner to act when Sheriff is
a party.
841.
825.
Sheriff to file his bond ; when
and where.
842.
826.
Amount of bond.
827.
Sureties liable immediately
and absolutely ; when.
843.
828.
To qualify before assuming
office ; how.
844.
829.
No sheriff or his deputy or
clerk to practice law or act
as Clerk of Court.
845.
830.
Deputies ; how appointed and
846.
confirmed ; tenure of office ;
847.
bond ; responsibility of
Sheriff for.
848.
831.
Deputy to take oath of office ;
duties of.
832.
Special deputies ; how and
when appointed ; Sheriff re-
849.
sponsible for.
833.
To appoint peace officers in
industrial communities, &c.
850.
834.
Powers and duties of such
officers.
851.
835.
Bond of such officers. Respon-
sibility for misconduct.
852.
836.
Offices ; where kept.
837.
Books to be kept ; require-
ments as to ; how papers to
be arranged.
853.
To turn over furniture, books
and papers to successor ;
penalty.
To pay to successor moneys
due as Sheriff ; within what
time.
Commissions on such moneys ;
how divided.
Penalty for failure to pay
over.
Personal representatives of
deceased sheriff ; when to
pay over ; penalty.
Must summon Constables to
attend Court, &c.
To attend Circuit Courts ; du-
ties in connection therewith.
To serve all processes issued
by competent authority ;
penalty on default.
Liability for illegal arrest.
Arrest ; privilege from ; ex-
ception.
No process to be served on
Sunday ; exceptions : fe-
males not subject to arrest
in civil actions.
Escaped prisoners may be
retaken on Sunday and any-
where.
Sheriff's duty as to arrest and
bail in civil actions.
Not to take attorney-at-law
or officer of Court as bail.
May break into any house in
certain cases.
Must give notice of money
collected ; when, how and
whom ; penalty.
314
CIVIL CODE
A. D. 1902.
Sec.
854. Not liable to rule, &c., after
two years from end of term.
855. Open contempt of breach of
duty ; proceedings.
856. Liability for failure to exe-
cute final process or pay
over money.
857. To pay over money one day
after demand ; penalty for
refusal ; proviso.
858. Must furnish statement ,of
reasons for failure to make
execution when required.
859. Penalty for purchasing judg-
ment or execution.
860. Penalty for permitting prison-
ers committed by civil pro-
cess to go at large ; proviso.
861. When plaintiff liable for
maintenance of debtor in
jail ; when prisoner may be
discharged, &c.
862. Negligent escape ; measure of
damages for.
863. Liability for escape of crimi-
nals.
864. Purchases at their own sales
void.
Sec.
865. How to apply proceeds of sale
of real estate.
866. May make title to property
sold by predecessor.
867. May make judicial sales ; ex-
ceptions ; fees on.
868. Collection of money ; how
entered.
869. Monthly statement to Audi-
tor and Treasurer of fines,
&c.
870. To arrest escaped convicts.
871. To receipt for tax executions.
872. To pay County Treasurer
taxes collected.
873. Return of uncollected tax
executions.
874. Penalty for failure to return
tax executions.
875. Penalty for false return on
tax executions.
876. Penalties to be recovered by
Sinking Fund Commission-
ers.
877. Penalties cumulative.
Election of
Sheriff; when
held.
G. S
642;
R. S.
^iV.:
1870,
338, § I
; 1S82,
XVII.
, 682;
I 888,
XIX.,
171;
I 88s,
XIX., I
14-
Vacan
c i es:
how filled.
G. .S. 643;
R. S. 704; lb.,
374, § i; 1S77,
XVL, 232;
1878, XVI.,
507, 716.
Coroner to
act as Sheriff
during a va-
cancy.
G. S. 644;
R. S. 705;
1839, XL, 78,
§ 42-
Section 820. There shall be an election for Sheriff held in
each County, except in the Counties of Berkeley, Cherokee and
Hampton, at the general election in 1904, and on the same day
in every fourth year thereafter. In the Counties excepted the
election shall be in 1902.
State v. Cockrell, 2 Rich., 6.
Sec. 821. In the event that a vacancy shall, at any time, occur
in the office of Sheriff in any County of this State, whether
from death, resignation, disqualification, or other cause, the
Governor shall have full power to appoint some suitable person,
who shall be an elector of such County, and who, upon duly
qualifying, according to law, shall be entitled to enter upon and
hold the office until the next general election for County
Sheriffs, and shall be subject to all of the duties and liabilities
incident to said officer, during the term of his service in said
office.
Sec. 822. The Coroner, during the continuance of such
vacancy, and until the office is filled by apointment or election,
shall assume the office, discharge its duties, incur its liabilities,
and be entitled to its fees and emoluments ; and shall, for such
purpose, take charge of the books and papers of the office, and
OF SOUTH CAROLINA. 315
A. D. 1902.
occupy the apartment allowed to the Sheriff for transacting the '"-^'^^v '
business of his office. Clerk to act
Sec. 823. In case of vacancy in the office of Sheriff, and until takes charge or
vacancy filled.
the Coroner for such County may take charge of the same, or—- —
G. S. 645;
until a Sheriff shall be elected and commissioned for such R. s. 706; ib.,
113, § 39.
County, the Clerk of the Court for such County shall take pos-
session of the jail of such County, and charge of the prisoners
confined therein, and, also, possession of the Sheriff's office, and
the papers therein.
Sec. 824. If the Sheriff shall be a party plaintiff or defendant c o r oner to
act when Sher-
in any judicial process, execution, warrant, summons, or notice iff is interest-
to be served or executed within his Countv, the Coroner shall — '- —
G. S. 646;
serve the same, and incur the liabilities of the Sheriff. R. s. 7 o 7;
Sec. 825. When any person shall be declared duly elected to§ 4 h' 17 85!
t ' ' VII., 215, § 9.
the office of Sheriff, he shall be bound to file in the office of the
. , . Sheriff to tile
State Treasurer his bond, duly executed and approved, withmbond. -
thirtv days from the time he receives notice that the election is G. s. 647;
R. S. 708;
declared. 1839, xi., 37.
§ 7-
Sec. 826. The Sheriff of the several Counties, before receiv-
Amo u n t of
ingf their commissions, shall enter into bonds, to be executed by b o n d, and
° numberof
them, and any number of sureties not exceeding twelve nor less sureties^
than two, to be aDproved bv a majority of the Board of County G. s. 648;
"■^ • .R. S. 709;
Commissioners, in the sum of ten thousand dollars, except m iS97,_ xxii.,
the County of Charleston, where the bond of the Sheriff shall xiv.', 19, § i;
be in the sum of twenty-five thousand dollars ; and in the Coun-§ 7:'xvi' 4;'
ties of Spartanburg and Greenville, in each of which the bond 518; xvii.!
366 oSi.
of the Sheriff shall be fifteen thousand dollars ; and m the
County of Horry, the bond shall be four thousand dollars ; and
in the Counties of Edgefield and Saluda where it shall be six
thousand dollars. And every Sheriff s>all procure other satis-
factory security when duly required.
Sec. 827. The return of nulla bona on any execution against Liability of
sureties; pro-
the Sheriff shall not be necessary before legal resort may beviso^
had asfainst his sureties, or any of them : Provided, That there i s 3 9, xi.,
shall be liability to contribution among the sureties aforesaid, m ^
case of joint suretyship.
As to the Sheriff's bond generally. — Commissioners v. Moore, 2 Brev., 51; Com-
missioners V. Mayrant, 2 Biev., 28S; Blanding v. Rogers, 2 Brev.. 394; Commis-
sioners V. Muse, 3 Brev., 150; Dunlap v. Bynum, 4 Dess., 646; Clifton v. Haig,
4 Dess., 330; Hawkins v. Sumter, 4 Dess., 446; Kelly v. Payne, i McC, 138;
Commissioner v. N^guby, i McC, 184; Treasurers v. Stevens, 2 McC, 107: Treas-
urer V. McGuire, Harp., '474; Futch v. Walker, i Bail., 98; Treasurer v. Bates, 2
Bail., 362; Harris v. Ferguson, 2 Bail., 397; Treasurer v. Burch, 2 Hill, 510;
Treasurer v. Munday, 3 Hill, 167; State v. Yates, Riley, 256; State v. Irby, i
McM., 485; Williamson v. King, McM. Eq., 41; Treasurers v. McPherson, 2 McM.,
3i6 CIVIL CODE
A. D. 1902. ■
^^"^^^-"^ 69; Leslie v. Taggart, 2 McM., 71; Treasurers v. Oswald, 2 McM., 145; Treasurer
V. Buckner, 2 McM., 333; State v. Wylie. 2 Strob., 113; Rowell v. Mulligan, 2
Strob., 379; Posey v. Rainey, 4 Strob., 20; Allen v. Ramey, 4 Strob., 30; Black v.
Ramey, 4 Strob., 79; Bowie v. Ramey, 4 Strob., 84; Norton v. Mulligan, 4 Strob.,
355; Taylor v. Easterling, I Rich., 310; Williams v. Sims, i Rich. Eq., 53; Mc-
Kenna v. Secrest, 4 Strob. Eq., 160; State v. Young, 6 Rich., 323; Treasurer v.
Hilliard, 8 Rich., 412; State v. Staggers, 12 Rich., 286; McElwee v. Jeffreys, 7 S.
C, 233; Lyles V. Bolles, 8 S. C, 258; State v. Cason, 11 S. C, 392; State v. Boles,
13 S. C, 284; State V. Gilreath, 16 S. C, 364; Oliver v. White, 18 S. C, 242;
State V. Williams, 19 S. C, 65; Goodgion v. Gilreath, 23 S. C.-, 388.
bew assu4^ ^^^' ^^S. Evcry sheriff before entering upoii the dutics of his
ing office; how, office, shall, in addition to the oath of office prescribed in Art.
R.% fii-^l ^^-^•' ^^^- ^^' °^ ^^^ Constitution, take the several oaths required
Ni} 27. 'tt\ o^ such officer by Sections 582 and 583, and which oath shall
5ol^ °' ^^"■' be endorsed on the commission, and shall be taken and sub-
scribed before the Clerk of Court of the County; and at the
next term of the Circuit Court in the County he shall produce
his commission, which shall be read in open Court and recorded
in the Journal,
hi^^^epu'ty^ Cr ^60. 829. No Sheriff, Deputy Sheriff or Sheriff's clerk, while
tke^iaw oract ^^ officc, shall act as an attorney-at-law or solicitor in equity, in
Cour?^'^^ °^ his own name or in the name of any other person, or be allowed
"~G. s. 651; ^^ plead or practice in any of the Courts in this State, nor shall
?839,^XL, \V, h°^^ ths office of Clerk of Court of Common Pleas and General
^ ^- Sessions.
appointed and ^^c. 830. The Sheriff may appoint one or more deputies, to
urf o'^'^office; ^e approvcd by the Judge of the Circuit Court or any Circuit
s'iM'ii?y''°of J^^?^ presiding therein; and such appointment shall be evi-
Sheriff for. deuccd by a certificate thereof, signed by the Sheriff, and shall
6 5^'; \. ^^s! continue during his pleasure. He may take such bond and se-
XIV.', 332! 1 1°; curity from his deputy as he shall deem necessary to secure the
18 8 o, x\ II., faithful discharge of the duties of the appointment ; but he shall
in all cases be answerable for the neglect of duty or misconduct
in office of such deputy,
take^^oath of ^^^- ^^^- Every such deputy shall, previous to entering on
office; duties ^j^g dutics of his appointment, take an oath or affirmation, as
~~G. s. 654; prescribed by the Constitution of the State, faithfully to per-
R. s. 714; lb. form all the duties of his appointment, and the oath with regard
to duelling, and the oath to enforce the law against gaming;
and when so qualified he may perform any and all of the duties
appertaining to the office of his principal.
tie^s^'^low'^Tn'd Sec. 832. The Sheriff, without seeking the approval of the
S^ Sheriff '?e- Circuit Judge, may appoint special deputies, as the exigency of
sponsible for. ]^jg ^usiness mav require, for the service of process in civil and
G. S 652;
R. S. 71s; lb.
OF SOUTH CAROLINA.
criminal proceedings only ; and for their conduct he shall be re-
sponsible.
Ford V. Villers, 2 McC, 114; Jentry v. Hunt, 2 McC, 410; May v. Walters, 2
McC, 470; Chiles v. Holloway, 4 McC, 164; Singletary v. Carter, i Bail., 467;
Barksdale v. Posey, 2 Hill., 647; Ex parte Hanks, Cheves Eq., 203; Kleinck v.
Black, 14 S. C, 241.
Sec. 833. Upon a written statement of the President or ^^ .JJo^^^^j.'j^J^^;
Treasurer or other executive officer having the management of ^^°f^ '^^y pro-
any industrial corporation located in any County of this State, P^'"g^^"f t^f
setting forth that in his opinion the interests of the industrial P^^ce; term, of
community and locality under their management require special °^' ^'^-
police supervision, and that in the said community one hundred ^'Sgg.^xxiiL,
or more inhabitants are comprised, and directed to the Sheriff i>^'\^1:i., '793^. ^ '
of the said County, it shall thereupon be the duty of the said
Sheriff to appoint a discreet and suitable person as his deputy,
and one satisfactory to the President and Treasurer or other
executive officer of said corporation requesting the appoint-
ment, whose term of office shall expire with the term of the
Sheriff, unless sooner by him removed; and who shall reside
within the community and upon the property for whose protec-
tion he is appointed, and whose salary shall be paid by the cor-
poration at the instance of whose President or Treasurer or
other executive officer managing the said corporation the ap-
pointment is made, the amount to be fixed by contract with said
corporation, acting through its President or Treasurer or other
executive officer ; and whose jurisdiction as its officer shall ex-
tend over the property controlled by the said President or
Treasurer or other executive officer having the management of
said corporation, and in addition over all territory within a
radius of one mile from the main building in which the industry
of the corporation is operated. Before entering upon the
duties of his office, the said deputy shall take the oath pre-
scribed by the Constitution and Statutes of this State. The
said deputy shall be removed by the said Sheriff and another
deputy appointed by him satisfactory to the said President or
Treasurer or other executive officer of said corporation, when-
ever the said President or Treasurer or other executive officer
shall make a statement in writing to the Sheriff of said County,
stating that the said deputy is not discharging his duties to the
satisfaction of said President or Treasurer or other executive
officer, and requesting a change of appointment.
Sec. 834. That the said police officer or Deputy Sheriff shall ers^'lnd dStils
have, do and exercise all the rights, duties and powers pre- °^^|^^'' p^^*"^
lb.
3i8 CIVIL CODE
A. D. 1902.
""^"■^'^^^ scribed by law for Constables or ^Magistrates, and such powers
as are usually exercised by iMarshals and policemen of towns
and cities, and shall also act as a conservator of the peace ; shall
take into custody and carry before the nearest Alagistrate any
person who may in his view engage in riotous conduct or vio-
lation of the peace, and refusing upon his command to desist
therefrom ; and shall also arrest any person who may in his view
commit any felony or misdemeanor, and carry him before a
Court of competent jurisdiction; and shall execute any and all
criminal process from ]\Iagistrates" Courts, and shall have the
power to call to his aid a posse comniitatus to assist him in the
discharge of his duties ; and any person refusing to obey his
summons shall be liable to indictment and prosecution as for a
misdemeanor.
*
officers- "sheriff ^®^" ^^^' ^^^ pcrson SO appointed police officer under the
their ^^^mfscon- P^ovisions of Scctiou 833 shall execute the bond required of
^^'^'^- Constables by Section 1047 ^^^ shall be subject to the provis-
^1901, xxiiL, ions of Section 1054 of this Code.
.Ji^^^i The Sheriff of the County shall not be responsible for the
malfeasance of misfeasance of the police officer or deputy so
, ^,„^^;,g^ appointed by him under the requirements of Section 833.
^Offices; where gee. 836. The Sheriff's of the several Counties throughout
~~^ — ^ — ^77: this State shall keep their several offices in the city, town, vil-
18 ^'x/ ^ ^' ^^S^' °^ place where the respective Court Houses are estab-
§ 5- lished, and in the Court House, if there be one.
State V. Walker, 5 S. C, 563.
Books— writ Sec. 837. The Sheriff" of everv Countv shall keep and pre-
ik, execution - - ^ ^^ ^ ^ ^
book, execution
boo
book
book, sale servc as public records in his office the following separate
—^ — ^ — ^-^ books, of good material and strongly bound, each containing
.R.^s. 717; ih., not less than eight quires of medium paper, and labelled with
its appropriate title, to wit :
I. "Writ Book," in which the Sheriff, immediately on the re-
ceipt of any writ of habeas corpus, citation, writ of capias ad
respondendum, summons, subpoena writ, subpoena ticket, rule,
interrogatories, or notice to be served upon any person, sub-
poena ad respondendum, writ of ne exeat, injunction, warrant,
attachment, or any other mesne process whatever, issuing from
either of the Circuit or Probate Courts, shall make an entry
thereof, with the date, and endorse on the original the time of
such entry in his office. The Writ Book shall be laid off into
separate and suitable columns, in which the Sheriff shall enter
the names of the parties, the name of the attorney, the kind of
OF SOUTH CAROLINA. 319
A. D. 1902.
process, the kind of action, or kind of offence, when entered, by ^^-^^v^ '
whom served, how served, when served, or other return, and
Sheriff's costs ; and the Sheriff shall make a true index in the
said book to all the entries therein.
Miller v. Hall, i Speer, i. — A witness warrant issued by a magistrate need not
be entered on the Writ Book. Lancaster v. Barnwell Co., 40 S. C, 445; 19 S. E., 74.
2. "Execution Book," in which the Sheriff, immediately on
the receipt of any iieri facias, capias ad satisfaciendum, attach-
ment for not performing decree, writ of habere facias posses-
sionem, restitution, military or other execution, or any other
final process whatever, (which, according to law, may be lodged
with him,) shall enter the same, and endorse on such final pro-
cess the time of such entry in his office. The Execution Book
shall be laid off into separate and suitable columns, in which the
Sheriff shall enter the kind of process, when lodged, and the
time of the original entry, the names of the parties, the debt
and interest, and (underneath, in the same column) the attor-
ney's, Clerk's, Sheriff's, and other costs, attorney's name, the
amount received, date of levy or other return, or disposition of
the execution, and receipts of plaintiff, attorney. Clerk, Sheriff,
witnesses, or others entitled to costs, or their agents or repre-
sentatives ; and the Sheriff shall make and keep correct and
double indexes in the said book of the cases entered therein, so
that the name of each and every defendant in the execution may xvi., 739.
be entered in alphabetical order.
Secrest v. Twitty, i McM., 225; Boulware v. Witherspoon, 7 Rich. Eq., 450.
3. A "Sale Book," in which the Sheriff shall enter all sales
which he may make under any order, decree, execution, or final
process, of any of the Courts of this State, or any officer au-
thorized by law to issue such process to the Sheriffs of this
State, and he shall transcribe therein all levies which he shall
have made (specifying the property and the date of each levy,)
and all advertisements of property levied on ; and the parts of
the said book in which accounts of sales shall be kept, shall
be divided into separate and suitable columns, in which the
Sheriff shall enter the names of the parties, a description of the
property sold, when sold, to whom sold, amount of sale, and, if
bond be taken, the names of the sureties thereto, and statement
of the time when due, and to what case or cases the proceeds of
such sale have been applied, or to whom paid ; and the Sheriff
shall make and keep correct and double indexes in the said book
of the cases entered therein. The Sheriff shall keep the mesne
and final processes in his ofhce, in suitable boxes, and in sep-
CIVIL CODE
arate apartments. Final process shall be arranged alphabeti-
cally in the defendants' names, in boxes labelled with appro-
priate letters. The miscellaneous papers shall be arranged
under suitable titles and labels, such as "Attachment Bonds,"
"Bail Bonds," "Bonds for the delivery of property," "Money
Bonds," &c.
State V. Commissioners, 2 Strob., 149; Daniel v. Harley, 3 Strob., 231; Taylor
V. Easterling, i Rich., 310; Elfe v. Gadsden, i Strob., 225.
furnTt'u°re! Scc. 838. It shall bc the duty of every Sheriff, and, if he be
pers^ 1^0" sSc- dead, of his personal representatives, to turn over to his suc-
cessor, P^"^ " ^-gggQj. ^11 ^]^,g furniture appertaining to his office, the original
"~G. s. 657; Writ Book and Sale Book, and also the original Execution
1839, 'xL,%o; Book, or a correct certified copy thereof, and also all original
263;' 1859'! bonds officially taken by him, all mesne processes not served,
■' ^ ■ and all final processes partially or wholly unexecuted. Such
successor shall be bound to execute a receipt, and a duplicate
to be lodged in the Clerk's office, specifying the matters and
things so received by him, and shall be responsible for them.
And it shall be the duty of such predecessor who has levied
upon personal property and not sold it to deliver it to his suc-
cessor at the time of turning over such books, bonds, and pro-
cesses, taking his receipt for the same, and his successor is au-
thorized to sell such property.
Osborne v. Huger, i Bay., 179; State v. Kennedy, 5 Strob., 160.
successor mon° Scc. 839. Each Sheriff, on the expiration of his term of of-
Sheriff1^vithfn ficc, must tum ovcr to his successor all moneys remaining in his
what time. hauds as Sheriff, within one month from the time his succes-.
R.*^' s^' 7i^\ sor shall have entered on the duties of his office, in the same
-sl,^!'!. ^^^" rnanner as he is required to turn over to his successor the fur-
niture, books, bonds, processes and other papers ; and his suc-
cessor shall receive and be responsible for the money so turned
over to him in the same manner as he is liable for other money
received by him as Sheriff.
on^°sucf 'mon' Scc. 840. The retiring Sheriff shall be entitled to retain only
vidid. ^""^ ^^' one-half of the commissions allowed by law on moneys collected
Q_ s. 69s; and turned over, and his successor the other half for paying out
R. S. 720; Jbl^j^g g^j^g_
faiW^^^o pay Scc. 841. If the retiring Sheriff, or his successor, neglects or
. refuses obedience to the requisitions contained in the two pre-
over.
G. S.
R. s. 721 fit! ceding Sections, he and the sureties to his official bond shall be
liable to pay to the party entitled to receive such money the
amount due to such party, with interest thereon from the time
such successor shall assume the duties of his office, at the rate
OF SOUTH CAROLINA.
of five per cent, per month, until the whole amount shall be
paid, to be recovered by action.
Sec. 842. Upon the death of any Sheriff, his personal repre- j.g^|^^°^^g/^Pj
sentative or representatives shall likewise pay over to the sue- fjf?^^^^g^^Yo
cessor in office of such deceased Sheriff all moneys which suchPf^^""*'^'"' p^°'
deceased Sheriff had in his hand officially at the time of his q g g ^ ^^
death, within twelve months after he, she or they shall have j^^-^-^^^^g^'!^'
assumed the administration of such estate ; and upon his, her or
their neglect or failure so to do, the estate of such deceased
Sheriff and the sureties upon his official bond shall be liable to
pay to the party entitled to receive such money the amount due
to such party, with interest at the rate of five per cent, per
month thereon after the expiration of such term of twelve
months to be recovered by action. This and pre-
This and the preceding Sections shall be deemed cumulative, cumufaUvere"
and not to bar or affect any right of action, rule or other pro- ^^^^ ° •
ceeding authorized by law. ySg^.^lV^ ^ '
See. 843. The Sheriff shall summon the requisite number of Must summon
Constables, not exceeding five, to attend the Court of Common attend^^^Court^
Pleas and General Sessions, and provide a staff for each of^^^
them, and shall make a return of such summons to the Clerk of s^Var^^i^a^"
Court. fhr'Mi
Sec. 844. The Sheriffs, or their lawful deputies, shall attend 713.
all the Circuit Courts that may be held within their respective cJurts"and fo
Counties, and enforce such rules as the said Courts may estab- q^^^^ '""^^^ °*
lish; and during the term time of the said Courts, any Sheriff ^ g ^ ^
or his deputy shall serve any rule of such Court or writ of at- f- J^"^' ^^•' 44.
tachment, for any contempt thereof, on any party or witness in
any part of this State ; and the party moving for the same shall
be liable to pay such sheriff the cost in cash for such service, on
the return of such rule or writ of attachment.
Sec. 845. The Sheriff, or his regular deputy, on the delivery ji^^-|j|f|g ^ " **
thereof to him, shall serve, execute, and return every process, ^ g ^g^. j^'
rule, order or notice, issued by any Court of record in this f- 725; Jb-, 41,
' J J J § IQ| 1808, v.,
State, or by other competent authority ; and if the Sheriff shall ^^j §^7; 1784,
make default herein, he shall be subject to rule and attachment 17^/' ^^?' k ^'^
' -" Code of Pro-
as for a contempt, and he shall also be liable to the party in- cedure, §^434;
jured, in a civil action. 645-
Service of Process. — ^^Osborne v. Huger, i Bay, 179; Stewart & Co. v. Childs,
I Bay, 362; Shoolbred v. Posel, 2 Brev., 201; Grimke v. Mayrant, 2 Brev., 202;
May V. Walters, 2 McC, 470; Miller v. Hall, 1 Speer, i; Richardson v. Croft,
I Bail., 264; McWorter v. Reid, i Hill, 368; Solomon v. Richardson, i Hill,
396; Wood V. Crosby, 2 Hill, 520; Moore v. Byne, i Rich., 94; Wallace v. Prince,
3 Rich., 177; Ervin v. Scott, 15 Rich., 12.
21. — C
322 CIVIL CODE
A. D. 1902. =
^^~-*'^v'^"~^ Execution of. — State v. Thackham, i Bay, 358; Greenwood v. Colcock, 2 Bay,
67; Cholett V. Hart, 2 Bay, 156; Commissioner v. Hart, i Brev., 492; Ross v.
McCartari, i Brev., 507; Treasurer v. Forde, i N & McC, 234; Walton v.
Deignan, 2 N. & McC, 248; Graham v. Allen, 2 N. & McC, 492; Rochelle v.
Campbell, i McC Ch., 53; DeGraffenreid v. Mitchell, 3 McC, 506; Wilks v.
Hasket, Harp., 490; Perry v. Williams, i Bail., 10; Steedman v. Keith, i Bail.,
476; Ex parte Black, 2 Bail., 8; Graham v. Durant, 2 Hill, 517; Thomas v.
Aitkin, Dud., 292; Johnson v. Mcllwain, Rice, 368; Cauble v. Hoke, i Speer,
168; Broughton v. Broughton, 4 Rich., 491; Bachman v. Sulzbacher, 5 S. C,
58; State V. Moseley, 10 S. C, i; State v. Gilreath, 16 S. C, 106; Bragg v.
Thompson, 19 S. C, 577; Goodgion v. Gilreath, 32 S. C, 388; 11 S. E., 207; Rogers
V. Marlboro Co., 32 S. C, 556; 11 S. E., 383; Burnett v. Gentry, 2^ S. C, 597;
11 S. E., 96.
Return of. — Huger v. Sheriff, i Bay, 319; Wilder v. Grimke, 2 Brev., 261; Bel-
ser V. Graves, i N. & McC, 125; City Council v. Price, i McC, 299; Ford v. De-
Villers, 2 McC, 144; Mathewson v. Moore, 2 McC, 315; Walton v. Parsons, 4
McC, 368; Mills v. Kennedy, i Bail., 17; Saunders v. Bobo, 2 Bail., 492;
Saunders v. Hughes, 2 Bail., 505; Jeannerett v. Redford, Rich. Eq. Ca., 469; State
v. Wylie, 2 McM., i; Treasurer v. Hilliard, 8 Rich., 412; Farrar v. Barnes, 12
Rich., 224; Dawson v. Dewan, 12 Rich., 499; Bancroft v. Sinclair, 12 Rich., 617;
Bank v. Kinard, 28 S. C, loi; 5 S. E., 464.
Liability for
illegal arrest. Scc. 846. If any Sheriff, or Deputy Sheriff, without writ,
G. s. 661 ; R. warrant, or process, shall summon any one, by arresting the
XI., 41'. § II ;' person or attaching the goods to appear in any of the Courts of
§ I'y; Art! this State, (not having at that time any process to justify the
same,) upon complaint thereof, on oath, such Sheriff or deputy
shall be liable to be punished for a contempt, by either the Court
of Common Pleas or General Sessions for his County: Pro-
vided, That nothing herein contained shall prevent the Sheriff",
or his deputy, from arresting any person for treason, felony, or
breach of the peace, committed in his presence, or from arrest-
No person to . 1111
be ar r e s t e d mg any pcrsou f Or trcasou or felony, upon probable and reason-
while engaged , , ' ,
in military or able grOUUds.
exception. ' Sec. 847. No pcrsou shall be arrested while actually engaged
G. s. 662; R. in or attending military or militia duty, or going to or return-
XI., 41,' § 12. ' ing from the same, nor while attending, going to, or returning
No civil pro- from, any Court, as party or witness or by order of the Court,
cess to be serv- , - . - ...
ed on Sunday; except for trcasou, fclony, or breach of the peace; but in such
no cri m i n a 1
process, except casc proccss may be served without actual arrest of body or
for trea son,
felony, or gOods.
peace; no fe- Scc. 848. No civil or criminal process shall be served on
male to be ar- , , . , , ^
rested; excep- Sunday, cxccpt for treason, felony, or breach of the peace. JNor
shall any female be arrested in any civil action, except for a wil-
G. S. 663; R. ^ , . . -^ , ^ > f
s. 728; Code ful injury to persons, character, or property.
§ 200. Eason v. Witcofsky, 29 S. C, 239; 7 S. E., 291.
Escaped pris- gec. 849. It shall be lawful for the Sheriff, Deputy Sheriff,
oners may be ' ± ./
retaken on or lailcr, to rc-takc on Sundav, as on anv other day, and at
Sunday, &c. j ' - ' . ^ j '
Court, muster, or any other place, any prisoner who has
G. S. 664; R.
s 729; 1839, escaped
XL, 45, § 27. ^
OF SOUTH CAROLINA. 323
' A. D. 1902.
Sec. 850. The Sheriff or his deputy shall arrest all persons '""'■"■'-'^
against whom process for that purpose shall issue from any rest*Tnd*°take
competent authority, commanding such person to be taken into^^:
custody, or requiring him or her to give bond, with security ; 3.^730'; zt.^,' 4^;
and if the party so arrested, being entitled to bail, shall give it, ^ '•'"
or shall give the bond with security required, such person shall
be enlarged ; and if not, he or she shall be kept in custody until
discharged from confinement, according to law.
Arrest and Bail. — Teasdale v. Kennedy, i Bay, 316; Teasdale v. Hart, 2 Bay,
173; Atkinson v. Martin, i Brev., 481; Laval v. Gall, 2 Brev., 265; Blanding v.
Rogers, 2 Brev., 394; Pepoon v. Mooney, i Mill., 314; Antonio v. Arthur, i N. &
McC, 251; Jones v. Blair, 4 McC, 281; State v. LeCerf, i Bail., 410; Saunders
V. Hughes, 2 Bail., 505; Treasurer v. Barksdale, i Hill, 272; Poole v. Vernon, 2
Hill, 667; Brissac v. Moorer, Dud., 228; Chiswell v. Ellzey, Rice, 29; Berry v.
Hoke, I Rich., 94; Glover v. Gomillion, 2 Rich., 554; Dickinson v. Coward, 3 Rich.,
49; Rosenberg v. McKain, 3 Rich., 145; Bennet v. Brown, i Strob., 303; Meyers
V. Centre, 2 Strob., 439; Simonton v. Yongue, 3 Strob., 538; Bennet v. Brown, 5
Rich., 347; Ervin v. Scott, 15 Rich., 12; Ware v. Miller, 9 S. C:, 13.
Custody. — Smith v. Hart, 2 Bay, 395; McLain v. Hayne, 3 Brev., 291; Prather
V. Clark, 3 Brev., 393; Yates v. Yeaden, 4 McC, 18; Boyce v. Barksdale, 4 McC,
141; Baker v. DeLiesseline, 4 McC, 372; Walton v. Oswald, 4 McC, 501; Harvey
V. Huggins, 2 Bail., 252; Treasurer v. McDowell, i Hill, 184; Aiken v. Moore, i
Hill, 432; Thomason v. Kerr, 2 McM., 340; Burns v. Brian, i Speer, 131; Berry
V. Hoke, I Rich., 76; Kelsey v. Rosborough, 2 Rich., 241; Hyams v. Michel, 3 Rich.,
303; Cook V. Irving, 4 Strob., 204; Menude v. Butler, 5 Rich., 440; State v. Hal-
ford, 6 Rich., 58; Irving v. Robertson, 6 Rich., 228; State v. Sellers, 7 Rich., 368;
Conyers v. Rhame, 11 Rich., 60; Farrar v. Barnes, 12 Rich., 224.
Sec. 851. No Sheriff shall take any attorney-at-law or officer ^^^0^*^^*°^^ Yaw
of Court as bail for any person whomsoever in any civil or court^rbaiC ^
criminal case. g. s. 667; r.
Sec. 852. It shall be lawful for the Sheriff or his deputy to li.,^ 45', §'24?*'
break and enter any house, (after request and refusal,) to arrest
the person or to seize the goods of any one in such house, pro- -^^^ break
vided such Sheriff or his deputy have process requiring him to ]^^° ^^\ ^°"^^
arrest such person or seize such goods. '^^^^^-
State V. Thackham, i Bay, 358; Rowe v. Cockrell, Bail. Eq., 126; Brian v. g*^- S- .^^91 R-
Strait, Dud., 19. But one who officiously accompanied a deputy, and, without his xi., 43', § 16;
command, forcibly entered and took property, is a trespasser, without justification. — Code of Pro-
McElhenny v. Wylie, 3 Strob., 284. cedure, § 235.
Sec. 853. The Sheriff, on the receipt of any money on ac- j^^^^ „j^g ^^_
count of any plaintiff in execution, or other person entitled ^^'^^^1°^™°^!^
thereto, must, within one month, give notice in writing of the ^^"^j^jj^l^p^'^'^
same to such plaintiff or his attorney, or other person entitled ^^^y-
thereto, by personal service or by mail; on failure to do so he g^- ^•. ^^o; R.
shall be liable to pay interest for the money in his hands at the ^^^•' 534-
rate of five per cent, per month till notice is given. ^^^ jj^^j^ ^^
Sec. 854. No Sheriff shall be liable to be served with anyj^ie, &c., after
•' two years from
rule to show cause, or attachment, at any time after two years ^"'^ °^ ^^^^-
from the expiration of his office, J^- S- 671; R-
•f S. 734; 1839.
XL, 44, § 19;
1801, v., 412.
324 CIVIL CODE
A. D. 1902. ■
^""■"-^'''^ Sec. 855. Any Sheriff shall be liable to be proceeded against
teSpt or^breadi ^^ ^^Y Court of record in this State for an open contempt, or
ceedings.' ^'^° ^^r a breach of official duty. For an open contempt he shall be
G. s. 672; R. liable to be attached forthwith ; and for a breach of official duty
XI.P44, ilo^' hs "^ay bs required, by rule, to answer to the complaint of any
suitor of the Court; and upon failing to answer or to comply
with the order of the Court, made on hearing of said rule, he
shall be liable to be attached as for a contempt and committed
to close custody until he shall have complied with the requisi-
tion of the Court. In all cases, interrogatories may be pro-
pounded to him, which he shall answer on oath, either orally
or in writing, as the Court may order.
Mongie v. Cheney, 1 Hill, 145; James v. Smith, 2 S. C, 183; Emory v. Davis,
4 S. C, 23; Kirby v. Woods, 5 S. C, i; Prince v. Sutherland, 12 S. C, no;
Charles v. Charles, 13 S. C, 385; Warren v. Simons, 16 S. C, 364.
faiS'io^ ex°e- Sec. 856. If any Sheriff shall fail to execute or return final
cess oT p^a°y proccss in any civil suit, or to pay over money, when demanded,
over money. ^-^^^ ^^^ come into his hands as Sheriff, to the party entitled
s. '736; /i'., § thereto, and shall be unable, on the return of the rule that may
^'' be issued against him, to show sufficient cause, he shall be
liable to be attached for a contempt and committed to custody
until he shall comply with the order of Court.
State V. Sheriff, i Mill, 145; Summers v. Caldwell, 2 N. & McC, 341; Ex Parte
Stephens, 1 McC, 87; Levy v. Roberts, i McC, 395; Chiles v. Holloway, 4 McC,
164; Noonan v. Gray, i Bail., 437; Ex Parte Thurmond, i Bail., 605; McLean v.
DuBose, I Bail., 646; Dawkins v. Pearson, 2 Bail., 619; Bank v. Condy, i Hill,
209; Johnson v. Shubert, 2 Hill, 502; Thomas v. Aitkin, Dud., 292; Rice v. Me-
Clintock, Dud., 354; Pitman v. Clarke, i McM., 316; Cooper v. Scott, 2 McM.,
150; Connor v. Archer, i Speer, 89; Kirkpatrick v. Ford, 2 Speer, no; Canady
V. Odum, 2 Rich., 527; Brown v. Furze, 2 Rich., 530; Treasurer v. Cleary, 3 Rich.,
372; Maddox v. Williamson, i Strob., 23; Emory v. Davis, 4 Strob., 23; Starnes
V. Prince, 6 Rich., 319; Hook v. Byrd, 10 Rich., 120; Dawson v. Dewan, 12 Rich.,
499; Wallace v. Graham, 13 Rich., 322; Kuhn v. Law, 14 Rich., 18; Caskey v. Mc-
Mullen, 3 S. C, 196; Emory v. Davis, 4 S. C, 23; Gibson v. Gibson, 7 S. C, 356;
State v. Gilreath, 16 S. C, 106; Bragg v. Thompson, 19 S. C, 577.
To pay over Scc. 857. If any Sheriff, upon the demand of any plaintiff,
money one day
after demand; or his attomcy, shall wilfully refuse to pay over any sum of
penalty for re- ,,..--.,."
fusai; proviso, moucy collcctcd for such plaintiff, withm twenty- four hours,
G. s. 675; R. the Sheriff so in default, besides being Hable to rule and at-
XI., 358, § I • tachment, shall be liable also to pay to such plaintiff, or his
1839, XL, 55, ' . , . '
§ 63. legal representative, the said sum withheld, and interest there-
on, for the time he may withhold such sum after demand, at the
rate of five per cent, per month ; and if any regular Deputy
Sheriff (in the absence of such Sheriff), having such fund,
* shall refuse, one day after demand, to pay over the same, the
Sheriff shall, for such default, be liable to the same penalties
as are herein provided ; but nothing herein contained shall ap-
OF SOUTH CAROLINA.
ply to the detention of money on account of bona iide conflicting
claims.
Commissioner v. Allen, 2 Mill, 88; Kilpatrick v. Vandiver, 2 Mill, 341; Kelly
V. Payne, 1 McC, 138; iJaniel v. Capers, 4 McC, 237; Wilks v. Hasket, Harp.,
490; Wright V. Hamilton, 2 Bail., 51; Treasurer v. Oswald, 2 Bail., 214; Graham
V. Durant, 2 Hill, 517; Thomas v. Aitkin, Dud., 292; Thomas v. Yates, i McM.,
179; Williamson v. King, McM., Eq., 41; Taylor v. Easterling, i Rich., 310; Wal-
ker V. Kennerly, 3 Rich., 64; State v. Wiley, 2 Strob., 113; Posey v. Rainey, 4
Strob., 20.
Must furnish
Stat ement of
Sec. 858. The Sheriff, in case of partial or entire failure to
make execution, must, when required by any person having ^®j.^^°"^^°'^^^^g
control of the execution, furnish a written statement, sub- ^l^g^j^'^j.gqjj"^^'
scribed by him, of the reasons for such partial or entire failure, g s 676- r.
Sec. 859. If any Sheriff, or his deputy, shall contract for, |j 73^8^; ^i839_,
buy or purchase any judgment or decree of any Court which g^^J* ^^■' 433.
may become his duty to enforce, or any execution lodged in his
office, or cause the same to be done, directly or indirectly, the purchasing ex-
ecutions.
said Sheriff, or his deputy, shall forfeit and pay, for every such — —
offence, treble the amount of such judgment, decree, or execu-s. 739; 1839,
tion, one-half of which said forfeiture shall be paid to the State 1823, vi., 213',
and the other half to the informer; and the same shall be re-
coverable with full costs by action or by indictment in any Court
of competent jurisdiction, and, by any such purchase, such
judgment, decree, or execution shall be ipso facto satisfied.
Sec. 860. If any Sheriff, or his deputy, shall permit anv Penalty for
^ _ i ./ ' X ^. permitting pris-
prisoner, committed to his custody on mesne or final process, in oners commit-
any civil action, to go or be without the prison walls, without process to go at
° . „ large; proviso.
lawful authority, or if any Sheriff, or his deputy, suffer such—— — -—
prisoner to go or be at large, out of the rules of the prison, s. 740; 7b.,'4S,
, ^ r r^ -^ ' §§ 26 and 29; 8
(except by some writ of habeas corpus, or rule of Court, which and 9 w. 3d.,
27; 1712, II.,
rule shall not be granted but by motion in open Court,) any 554-5, §§ 1-8;
such going and being out of the prison walls, or prison rules, §§ 8,' 9.
as the case may be, shall be adjudged and deemed an escape.
If any Sheriff, or his deputy, shall, after one day's notice in
writing, given for that purpose, refuse to show any prisoner
committed to his charge to the plaintiff at whose suit such
prisoner was committed, or to his attorney, such refusal shall
be adjudged to be an escape : Provided, That the Sheriff shall
discharge a defendant in custody on mesne process in a civil
case where the plaintiff is non-suited.
Baker v. DeSiesseline, 4 McC, 372; Burns v. Brian, i Speer, 131; Cook v. In what cases
Irving, 4 Strob., 204; State v. Halford, 6 Rich., 58; Conyers v. Rhame, 11 Rich. 60. plaintiff shall
be liable for
Sec. 861. When any person shall be taken on mesne or final ^'I'lJ^^o^i^^pro!
process in any civil suit, and from inability to pay the demand, ^'^°-
debt, or damages, or find bail if committed to the jail, and such s^'74if''i^3^i
XI., 46.' § 30. '
326 CIVIL CODE
A. D. 1902.
^~''^^' person has no lands, tenements, goods, chattels, or choses in ac-
tion, whereby his maintenance in jail can be defrayed, the plain-
tiff or person at whose instance such party shall be imprisoned,
shall pay and satisfy the same ; and if such person, or his attor-
ney, shall refuse or neglect, after ten days' previous notice, to
pay, or give security to pay, the same, when demanded, the
Sheriff or Jailer, in whose custody such prisoner is, may dis-
charge him from such confinement : Provided, hoivever, That
such prisoner shall, before he is discharged, render, on oath, a
schedule of all his estate, and assign the same.
McLain v. Hayne, 3 Brev., 291; Walton v. Oswald, 4 McC, 501; Thomason v.
Kerr, 2 McM., 340; Irving v. Robertson, 6 Rich., 228.
n e g ligent es- Scc. 862. The Sheriff shall be liable for the negligent escape
cape on mesne - . /> 1 ,11
or final pro- of any prisoucr on mesne or nnal process to such damages as
— '- — - the plaintiff may have sustained : Provided, That the insolv-
s. 742'; ib.,'46;ency of the prisoner shall not mitigate the damages below the
31, 22, 33. ^j^Q^j^i- sufficient to carry costs.
Smith V. Hart, 2 Bay., 395; Yates v. Yeadon, 4 McC, 18; Boyce v. Barksdal&
4 McC, 141; Baker v. DeLiesseline, 4 McC, 372; Harvey v. Huggins, 2 Bail., 252;
Aiken v. Moore, i Hill, 432; Hall v. Taggart, Dudley, 368; Kelsey v. Rosborough,
2 Rich., 241; Conyers v. Rhame, 11 Rich., 60.
f<^""il?a^\^^ of ^®^- ^^"^- ^^ ^"y Sheriff, Deputy Sheriff, Jailer, or other
criminal. officcr, wilfully suffcr a prisoner in his custody, under convic-
^G. s^682|^R. ^\qt^ qj. under any criminal charge not capital, to escape, he shall
^IV-' 309. § 7; suffer the like punishment and penalties as the prisoner suffered
§ 35- to escape was sentenced to, or would be liable to suffer, upon
conviction of the crime or offence wherewith he stood charged.
^Penalties for geg, gg4_ ^q Sheriff or Deputy Sheriff shall be concerned
saiel' ^ o wi QJ- interested, directly or indirectly, in the purchase of any prop-
(j g gg . j^ erty sold by either of them officially ; and if any such Sheriff or
XI ''Ifc' 8 ^■'^•' Deputy Sheriff shall be concerned or interested in any such
i7^i'vii 26^' purchase at any such sale, made by either of them, he shall, on
§ ^- conviction thereof, be deprived of his office, and shall be liable
to be fined and imprisoned at the discretion of the Court; and
such purchase shall be null and void.
Singletary v. Carter, i Bailey, 467; Lewis v. Brown, 4 Strob., 293; Matheny v.
McDonald, 5 Strob., 77; Leger v. Doyle, 11 Rich., 109.
0 i^o c'^e^ds^to ^®^- ^^^- '^^^^ Sheriff shall pay over the proceeds of sale of
prior hen. ^j^y j.gg^| estatc sold by him to any judgment having prior lien
G. s. 685; R. thereon.
S. 744; 1839,
■^t., 55, s 60. ^ prior judgment to another does not acquire a prior lien on lands acquired by
the judgment debtor subsequent to the entry of both judgments, as their lien at-
taches at the same time, and they are entitled to a pro rata distribution. — Belknap v.
Greene, 56 S. C, 119; 34 S. E., 26. See also Davis v. Hunt, 2 Bail., 412; Taylor
V. Easterling, i Rich., 310; Furman v. Christie, 3 Rich., i ; Lynch v. Hannahan,
9 Rich., 186; Wallace v. Graham, 13 Rich., 322; State v. BoUes, 13 S. C, 283;
OF SOUTH CAROLINA. 327
A. D. 1902.
Trimmier v. Winsmith, 23 S. C, 452; Garvin v. Garvin, 34 S. C, 388; 13 S. E., "^^""^^ "■" '
625. Applies to prior judgment of Federal Court in re Voorhees; Hurst v. Lati-
mer, 46 S. C, 180; 24 S. E. 170.
Sec. 866. In all cases where any Sheriff, Probate Judge, Clerk sf^rlffT" Pro^
of Court, or Master, shall have heretofore legally sold or hereaf- c!eri/"'^^rf
ter shall legally sell, any real or personal estate, and such^g°g^'^^"y^g^g"
Sheriff, Probate Judge, Clerk of Court, or Master, is now dead, ^^"^^^^ titles,
resigned or otherwise out of office, or shall hereafter die, resign ^ g ggg. j^
or otherwise go out of office before he shall have executed titles xxm ' 44^^^'
therefor to the purchaser, it shall be lawful for any subsequent
Sheriff, Probate Judge, Clerk of Court, or Master, of the same
County, upon terms of sale being complied with, or satisfactory
evidence produced that they have been complied with, to make
and execute good and sufficient title to the purchaser for the
property so sold.
Carolina Savings Bank v. McMahon, 37 S. C, 309; 16 S. E., 31.
Sec. 867. All judicial sales shall be made by the Sheriff, , May make ju-
•^ -^ dicial sales; ex-
unless otherwise provided by law. In all such sales made by caption; fees
him his fees shall be the same as allowed by law on sales under—- —
^ ■' G. S. 69 I,
executions issuing from the Court of Common Pleas, except 692 ; R. s. 746;
in the Counties of Lancaster, Georgetown, Charleston, Chester, 336;' 1870'
. XVI., 324, § 2;
Beaufort and Lexington Counties, where they shall be allowed i 89 i, xx.,
the same commissions as are now allowed the Clerks of the
Courts in similar cases.
Childs v. Alexander, 22 S. C, 169; Williams v. McLendon, 44 S. C, 174; 21
S. E., 616.
Sec. 868. Whenever a Sheriff shall collect moneys in cases Collection of
■^ money; now
that have been entered in the books of his predecessors, he^^tered.
shall enter such cases in his own execution book, with an ac- „g. s. 699; r.
' S. 747; 1859,
count of the money so collected. ^ii-' 789. § i-
Sec. 869. All Sheriffs are required, on the first Wednesday Monthly
^ _ s t a t ement to
in everv month, or within ten days afterward, to make in writ- Auditor and
' -^ ' _ T r e asurer of
ing to the Auditor and Treasurer of the several Counties a fi"es, &c.
full and accurate statement of all moneys collected bv them on J^- S- 700; r.
. ' . S. 748; 1878,
account of licenses, fines, penalties or forfeitures during the xvi., 753-
past month.
Sec. 870. It shall be the duty of the Sheriffs of this State, Duty of sher-
-^ _ ms to arrest
and they are hereby required, under the penalty hereinafter pro- escaped c o n-
vided, to arrest in their respective Counties, with or without a —-z^rrr
^ _ 1900, XXIII.,
warrant, all escaped convicts from the penitentiary or from the 305-
chain-gang or jails found in their said counties ; and upon said
arrest it shall be the duty of said Sheriffs to immediately notify
the proper authority from whose care said convicts escaped.
See. 871. Whenever the County Sheriff shall receive tax
328 CIVIL CODE
A. D. 1902. " ~
'^'^^ executions from the County Treasurer, he shall give the County
cdpt"for*°tax Treasurer an itemized receipt therefor, and shall enter each
executions. executiou Separately upon the execution book in his office
^^- wherein he enters executions issued out of the Court of Com-
mon Pleas, and in the same manner.
Jg° P|yTreas- gec. 872. It shall be the duty of the Sheriff of the County to
lected. pa^y Qygj. ^Q |-jjg County Treasurer, upon his written demand
therefor, at the expiration of the time allowed by law for the
enforcement of said tax executions, and to take the County
Treasurer's receipt therefor in each case on the execution book
where said execution is entered.
ta? "exe°cudons ^^^- ^^^- ^^ ^^^^^ ^^ ^^^ ^^^^ o^ ^hc Sheriff, at the expiration
to Treasu^r e^r^ °^ ^^^ ^™^ allowcd by law for the enforcement of tax execu-
when, how, &c. tions, upon the written demand of the County Treasurer, to
return to him all uncollected tax executions with his return
endorsed on each execution, stating his reason or reasons for
his failure to collect the same, and to take the County Treas-
urer's receipt for each uncollected execution on the execution
book where the same is entered. The Sheriff shall also enter his
return on the execution book where the uncollected execution is
entered, as well as on the execution itself.
Penalty for Scc. 874. For failure to retum any Uncollected tax cxccution,
failing to re- ....
turn uncollect- as herein required, within five days after the expiration of the
ed tax execu- _ ^ -^ ^
tions. ^ time allowed by law for enforcing the same, and after the writ-
1901, XXIII., ten demand by the said County Treasurer, the Sheriff shall for-
feit and pay to the County Treasurer the taxes, penalties and
County Treasurer's costs for which such execution was issued,
which shall be recoverable by said County Treasurer from the
Sheriff and the sureties on his official bond in any Court of com-
petent jurisdiction : Provided, That the Sheriff so failing to
return any uncollected executions shall make it appear that such
failure is due to the loss or destruction of such execution with-
out fault on his part, then he shall not be subject to such
penalty.
For making Scc. 875. For nesflisfently or fraudulently making a false re-
false return on & fe ./ ^ j ^a
tax execution, turn ou any tax execution, the Sheriff shall forfeit and pay to
the County Treasurer the taxes, penalties and Treasurer's costs
for which such execution was issued, which shall be recoverable
by said County Treasurer from the Sheriff and the sureties on
his official bond in any Court of competent jurisdiction.
be^?ecove%Td ^^^- ^'^^- ^^ ^11 cascs whcrc the Sheriff has failed to return
Fund'comli^is^^^^*^^^^^^^^ ^^^ cxccutious, as herein required, or has negli-
sioners.
OF SOUTH CAROLINA.
329
A. D. 1902.
gently or fraudulently made false returns of any tax executions, ^ "'
and the County Treasurer has failed for twelve months to en-
force the penalty provided herein for the failure of the Sheriff
to return any tax execution as herein required, or for making
such false return, the Commissioners of the Sinking Fund may,
within twelve months thereafter, sue for and recover from the
Sheriff and the sureties on his official bond the taxes and penal-
ties for which such execution was issued, in same manner as the
County Treasurer could have sued and recovered under the
preceding Section 875.
Sec. 877. Nothing herein contained shall be construed to re- frf^otherren"^
lieve the Sheriff from any of the penalties, civil or criminal, ^'^''^^•
now provided by law for his failure to comply with the law
prescribing his duties in relation to tax executions.
ARTICLE III.
The Coroner.
Sec.
878.
879.
880.
881.
882.
883.
884.
885.
887.
889.
890.
891.
892.
Election of.
Term of office.
Vacancy, how filled.
Official bond.
Official oath.
When to be commissioned.
Coroner's deputies ; appoint-
ment and duties of.
Not to act under appointment
of Sheriff ; penalty.
Office, where kept ; book of
inquisitions.
Coroner to take inquests.
Magistrates to act as Coro-
ner, in what cases.
Book of inquisitions.
Inquisitions, t&c, to be re-
turned to Clerk ; when.
Endorsement on return.
Coroner to act as Sheriff, in
what cases.
Sec.
893. When Sheriff's office vacant,
to act as Sheriff generally ;
his book, and what to be
entered therein.
894. Not bound to act except spe-
cially instructed, &c.
895. To make list of prisoners ;
when, how made, and where
lodged.
896. To turn over papers, &c., to
succeeding Sheriff.
897. Salary of Coroner ; to ap-
point deputy ; salary of ;
special deputy.
898. Duties of Coroner and deputy.
899. Certain Magistrates James
Island to hold inquests, &c.
900. Salaries, how paid.
901. County Commissioners to pro-
vide office, books, &c., for
Coroner ; proviso.
Section 878. There shall be an election for County Coroner „e lection of
Coroners.
in each County, except in the Counties of Berkeley, Cherokee, „ g q-^. -^
Darlington, and Hampton, by the qualified voters thereof, at Ij^"^^' ^^7\
each alternate general election, reckoning from the election ini; ^897, xxii.,
o ' o 591.
the year one thousand eight hundred and seventy-two. In the
Counties excepted the next election shall be in 1902.
330 CIVIL CODE
A. D. 1902.
^"■^^'' Sec. 879. The term of office of the Coroner shall be four
ficl^™ °^ °^' years, and until his successor shall be elected or appointed, and
"^s. 702;R. shall qualify.
S. 750; 16., §2. ggg_ ggQ_ jj^ ^i^g event of a vacancy in the office of Coroner,
fiHed^"'^^' ^°^ ^he Governor shall have full power to fill the same by appoint-
Q g j^ ment, as provided in Section 254.
xvn^'i/2^6^^5 ^®^" ^^^' Before receiving his commission he shall enter
75- into bond, to be executed by him and any number of sureties,
Official bond, ^q^ exceeding" twelve nor less than two, to be approved, re-
s^-?2.7°^^6g- corded and filed as prescribed in Article i of Chapter XVIII.
XIV., 19, § I. jjj ^j^g County of Charleston the bond shall be in the penal sum
of ten thousand dollars, and in each of the other Counties two
thousand dollars.
McBee v. Hoke, 2 Speer, 138.
Official oaths, ggc. 882. Bcforc he is qualified to act he must take and sub-
G. s. 704; R. scribe the Constitutional oath of office, and also the additional
i'- 753-
oaths required of such officer by Sections 582 and 583.
When to be gcc. 883. When a person has been elected, or designated, for
commissioned. ^ ^ a '
~G~s — o~^ appointment, to the office of Coroner, and has taken and sub-
s. 754. scribed the oaths and given the bond as required by law, the
Governor shall issue a commission to him accordingly.
Coroners' de- ggc. 884. The Corouer of any County, except Charleston,
puties, appoint- -' j ' r
tieTof ^"^ ^^ ^^y appoint one or more deputies, to be approved by the Judge
~^~s — Te" °-^ ^^^ Circuit, or by any Circuit Judge presiding therein, who
7°7; R. s^75.5; shall take and subscribe the oath prescribed by the Constitution,
332, § I. and also the oaths with respect to duelling and gaming, prior
to entering upon the duties of said appointment; said oaths
may be administered by any officer authorized to administer
oaths in the County. Such appointment must be evidenced by
a certificate thereof, signed by the Coroner, and shall continue
during his pleasure. He may take such bond and surety from
his deputy as he may deem necessary to secure the faithful
discharge of the duties of the appointment, but shall always be
answerable for the neglect of duty or misconduct in office of
such deputy. When duly qualified, as herein required, the
deputy so appointed may do and perform any or all of the duties
appertaining to the office of his principal.
Not to act Sec. 885. No Coroner shall act as Jailer, Deputy Sheriff, or
under appoint-
ment of sher- under any appointment by a Sheriff; and if he shall accept or
iff; penalty. . rr j _,,.„.,._,
— — — -7— shall act under the appointment of the Sheriff of his County,
s. 756; 1839', his office shall be vacated and the same shall be filled in the
XL, 71, § 7.
OF SOUTH CAROLINA. 33 1
— A. D. 1902.
manner provided by law in case of vacancy from any other '^^'^'^^^
cause.
Sec. 886. He shall keep an office at the court house in his ke^t^^^k'^of
County, which shall have proper fixtures, and in which he shall l!^!!!^'__
keep his book of inquisitions, which book shall be public prop- 3.^757'; '^fb,; ^;
erty and shall be turned over to his successor in office. ^ ^^■
Sec. 887. Every Coroner, within the County for which he ^^k^inquSts!"
has been elected or appointed, is empowered to take inquest ~q s. 711; r.
of casual or violent deaths, where the dead body is lying within |j ^sSj 1^839,
his County. 1874. xv., 5.9-
Coroner v. Cunningham, 2 N. & McC, 454.
Sec. 888. Any Magistrate of the County, except in the act af Coroner,
County of Charleston, is authorized and required to exercise!^
all the powers and discharge all the duties of the Coroner in s. 759; ib.' 33,
holding inquests over the body of deceased persons, and taking 51.^^'
all proper proceedings therein, in all cases when the Coroner of
the County is sick or absent, or at a greater distance than fifteen
miles from the place for such inquiry, or when the office is
vacant.
Sec. 889. Every Coroner shall keep a book, to be called "Thp ^ J3'?ttns°^ '""
Coroner's Book of Inquisitions," into which he shall copy all ^ g ^^g; r.
inquests found within his County, together with the evidence ^^7^°' ^''■' ^
taken before the jury, and all proceedings had before or after
their finding.
Sec. 890. The original inquisition and evidence, as taken by ^l^ ?o" be '°re-
him, shall be returned by the Coroner, within ten days nextt^\^^"^^dtocierk;
after the finding thereof, to the Clerk of the Court of General g. s. 719; R.
Sessions for the County in which it was found. f^_ 761; it., §
State V. Campbell, i Rich., 124.
Sec. 891. The Coroner, before he returns such inquisition ^^End^orsement
and evidence, shall endorse the same in this form : r. s. 762; o.
ffo /--' -N . S. 720; lb., §
South Carolina, ] 33.
County.
The State vs. The Dead Body of A. B.
Inquisition taken this day of , A. D , by
, Coroner for said County, entered and re-
corded in Coroner's Book of Inquisitions, page , this
day of , A. D "
Sec. 892. If the Sheriff shall be a party plaintiff or defend- coroner to act
ant, in any judicial process, execution, warrant, summons or f4 J^^^Jg^^' '"
notice to be served or executed, within his County, the Coroner ""^T^f^j^; rT
shall serve or execute such process, execution, warrant, sum- xiJ^yV, ^'lu'
332 CIVIL CODE
A. D. 1902.
""'"^^'^ ' mons or notice ; in the discharge of which duties he shall incur
such liabilities as would by law attach to their performance by
the Sheriff himself.
Miller v. Yeaden, 3 McC, 11; State v. Irby, i McM., 483; Cauble v. Hoke, i
Speer, 168; McBee v. Hoke, 2 Speer, 138.
iff's office va- Scc. 893. The Coroner, during a vacancy in the office of
Sheriff" gener^- Sheriff, shall act as Sheriff, and while discharging the office
and'what. °°'^' of Sheriff shall provide a suitable book, in which he shall enter
G. s. 714; R. such executions or other papers as he may be directed to enter
■ '' '^' by competent authority ; and also all new writs, processes, exe-
cutions or other papers proper to be entered by a Sheriff ; and
also all his proceedings as Sheriff in manner and form as Sher-
iffs are required by law to do ; which book, or a certified copy
thereof, he shall leave in the Sheriff's office as a record.
Richardson v. Croft, i Bail., 264; State v. Irby, i McM., 485.
Not bound to Sec. 894. The Coroner shall not be bound to act upon anv
act, except '^ '
structed'^&c^" papcrs in the Sheriff's office, unless he is specially instructed ;
^ c ^nor shall he be bound to embrace, in his return to the Clerk's
G. S. 715; R. ' _
s. 765 ; ih., § office, any execution found in the Sheriff's office which is not
entered in his book, or upon which he may not have taken any
proceedings.
To make list gee. 895. As soon as the Coroner shall enter upon the duties
of prison e r s; '^
when, ho w of Sheriff, he shall, in the presence of the Clerk of the Court,
made, and ' ' ^
where lodged, pj- jailer of the County, if there be one, make a list of the pris-
gG. s. 716; R. oners in the jail, which must be signed by himself and the
45- jailer, entered in the Coroner's book, and the original lodged in
the Clerk's office.
To turn over gee. 896. Upou retiring from the Sheriff's office he shall turn
papers, &c., to ^ °
Sheriff^ ^ ^^^^ ^^^^ ^^ papcrs of the office and the prisoners in jail to the
— ;; — ■„ succeeding Sheriff in manner and form as Sheriffs may be
G. S. 777; _ =5 -'
R s. y(>T, lb., required to execute the same duty.
„ , , Sec. 897. The Coroner of Charleston County shall be paid a
Salary of ^ '■
Coroner; to ap- salarv at the rate of two thousand dollars per annum. He shall
point deputy; - ^
salary of; spe- appoint onc dcputv, who shall reside at the Countv seat, and
cial deputy. ^^ r .. ' -- ' ^
— ^— ^ — — shall perform all the services of the Coroner, and shall receive
fs ^■x\^ii' ^ salary of six hundred dollars per annum. The Coroner may
s°;_ i883,^xix, appoint a Special Deputy Coroner, with jurisdiction in any part
xix.,^ 524, §§ of the County, whenever any special occasion may require such
appointment; but such Special Deputy shall have no right to
make any charge against the County for his services.
The evidence of appointment of special deputy should be in writing. — Buttz v.
County of Charleston, 17 S. C, 585.
Sec. 898. The Coroner and his deputy, subject to his orders
2, 3. 4-
OF SOUTH CAROLINA.
333
A. D. 1902.
and instructions, shall perform all the duties of Coroner within '^
said County, and shall summon and warn all jurors for inquests c?^o ne/and
held by them or either of them ; and every person so summoned ^!£]:^^
and warned and failing to appear and act as such juror shall j^^" ^- ''^^'
forfeit and pay the sum of twenty dollars, if without reasonable
excuse, to be recovered by action.
Sec. 899. All the Magistrates residing outside of the limits ;
Certain Mag-
strates in
of the city of Charleston, and appointed for the County of coun\y^may
Charleston outside of the city limits, shall, in the absence of ''"'"^ '"quests.
the Coroner, hold such inquests as may be necessary and do 306^^^' '^^^^"'
such other business as pertains to the office of Coroner in cases
arising within his vicinity. In all such cases the said Magis-
trates shall receive for such services, beside their salaries as
Magistrate, the sum of fifty dollars per annum, if so much be
necessary.
See. 900. All the salaries herein provided shall be paid out pail. ^"^^'
of the funds of the County upon the order of the County Com- 1885, x i x.,
missioners, and shall be in lieu of all charges, costs and fees, "^^ '
except the costs, fees and compensation to which the Coroner
may be entitled while acting as Sheriff.
Sec. 901. The County Commissioners of said County shall mission e r s To
provide for the Coroner an office in the city of Charleston and books, \c° for
necessary books and stationery, provided the same shall not ex- viso!"^"^ ' ^^°'
ceed the cost of twenty-five dollars per annum. ~~r. s.~772.
ARTICLE IV.
The Clerk of Circuit Court.
Sec.
902
903
904.
Election of.
Is Clerk of Courts of Sessions
and Common Pleas ; vacan-
cies, how filled.
Official bond, penalty of.
905. Official oaths ; commissions to
be read and entered in jour-
nals.
906. May appoint a deputy ; his
oaths ; evidence of appoint-
ment, &c.
907. Office days and hours ; duties,
&c.
908. Clerical regulations of office ;
cases for papers ; seal ;
record books.
Sec.
909.
910.
911.
912.
913.
914.
To have charge of court
house ; regulations concern-
ing ; penalty.
How papers of office to be
filed, arranged and endorsed.
Books to be used by Clerk.
Size of books required to be
kept by Clerk.
To read minutes to Judge be-
fore adjournment daily.
Books and records not to be
removed from office ; parties
and attorneys may inspect,
&c.
534
CIVIL CODE
A. D. 1902.
Sec. Sec.
915. May administer oaths, &c., ! 929.
sign orders of reference, 1
grant orders in partition 930.
and dower ; when.
916. May act as attorneys ; excep- 931.
tion.
917. Not to act as Sheriff or 932.
Deputy Sheriff ; exception.
918. To enforce jury laws.
919. Jurors' and Constables' roll ; 933.
how made, where entered,
and to whom transmitted ; 934.
pay certificates, form of.
920. To adjourn Court in the ab-
sence of the Judge.
921. To issue executions, bench 935.
warrants, and all other pro-
cesses ; to sign all judg-
ments officially. 936.
922. To witness and approve se-
curity of costs ; form of.
923. May grant writs of dedimus 937.
potestatem; for what pur-
poses.
924. Must enter, or permit to be 938.
entered, satisfaction of
judgments and mortgages ; 939.
when.
925. To act as Judge of Probate 940.
when the office is vacant.
926. To act as Sheriff when that
office is vacant. 941.
927. To enter renewals and satis-
factions of execution ; 942.
where.
928. To administer oaths to Magis-
trates and transmit list to 943.
Secretary of State ; when.
Duties respecting oaths and
bond of Constable, &c.
Accounts against County ;
how to be rendered.
Certifies contingent accounts
of certain officials.
Certificate to County Com-
missioners as to liens of
record ; when to be given.
To keep standard weights and
measures ; how procured.
To make annual return to
County Commissioners as to
fines and forfeitures ; pen-
alty, &c.
Responsible for office books,
papers and furniture ; to
turn over to successor, &c.
Fines, penalties, and taxes
from shows, to be paid to
Treasurer ; informers, &e.
To report monthly to Auditor
and Treasurer as to fines,
&c., collected.
Penalty for not paying over
funds.
Penalty for not paying over
fines, &c.
To report to Court at each
session as to fuijds in hand,
vouchers, &c.
Bill of costs to be attached
to executions.
To mark records of mort-
gages foreclosed in Court,
satisfied.
Form of endorsement to be
made on the record.
Election of.
1882, XVII.,
1124; Con.
v., 27; 1897,
XXIL, 591.
Is Clerk of
Courts of Ses-
sions and Com-
mon Pleas,
&c. ; vacancies;
how filled.
G. S. 759;
R. S. 775;
1882, XVII.,
1125, § 75 ;
1884, XVIII.,
744-
Section 902. There shall be an election for Clerk of the Court
of Common Pleas in each County by the qualified voters thereof
at each alternate general election, reckoning from the election
in the year 1888, except in the Counties of Berkeley and Chero-
kee, where the reckoning shall be from the election in the
year 1890.
Reister v. Hemphill, 2 S. C, 325; Wright v. Charles, 4 S. C, 178; McCoy v.
Curtis, 14 S. C, 371; Williams v. Ostendorff, MS. Dec, 1877; State v. Sims, 18
S. C, 462.
Sec. 903. The Clerk elected in each County shall be Clerk of
the Courts of General Sessions and Common Pleas, and of all
other Courts of record therein, except the Court of Probate.
In the event of any vacancy in the office the Governor shall
have full power to fill the same by appointment, as provided in
Section 254. Until such vacancy be filled by appointment or
election, the Judge of Probate of the County shall take charge
OF SOUTH CAROLINA. 335
A. D. 1902.
of the office, discharge the duties and receive the fees thereof, ^■^~^- '
and be subject to all its liabilities as provided by law. how^fifiecf"^^'
State V. Harmon, Cheves, 265; State v. Coleman, 54 S. C, 282; 32 S. E., 406. "T~ ~r~~~
1882, XVII.,
Sec. 904. Before receiving their commissions they shall enter 1884,^ xviii.',
into bond, to be approved and recorded and filed, as prescribed ^'^'^"
in Chapter XVIII., Article i, in the penal sums following : penafty of?*^ ^'
The bond of the Clerk for Charleston County, twenty thousand 1868, xiv.,
dollars; for Abbeville and Horry Counties, six thousand dol-xxir.^ 6^93 ;'
lars ; for Edgefield County, five thousand dollars ; and for each 308°'
of the other Counties, ten thousand dollars.
Treasurers v. Ross, 4 McC, 273; Treasurers v. Lang, 2 Bail., 430; State v.
Moses, 18 S. C, 372; Chester v. Hemphill, 29 S. C, 584; 8 S. E., 195; State v.
Lake, 30 S. C, 43; 8 S. E., 322; Strain v. Babb, 30 S. C, 342; 9 S. E., 271.
Sec. 905. The Clerk before entering on the duties of his commission to
office shall, in addition to the oath of office prescribed by the entered in
Constitution, take the several oaths required of such officer by ""'""^i,
Sections 582 and 583. Said oaths must be endorsed upon thcR. 's. ' 777;
commission, subscribed by the officer and attested by a Magis- Islg, xi'.', %\
trate or Notary Public of the County for which the said Clerk 502°'
shall have been elected or appointed. At the opening of the
first term of the Court which may be held thereafter the Clerk
shall produce his commission, with the endorsements aforesaid,
and after the same has been read in open Court shall make a
fair entry thereof in the journals of the Court.
Sec. 906. The Clerk may appoint a deputy, to be approved by May appoint
the Court of Common Pleas, a record of whose appointment oathsf evidence
shall be made in the Clerk's office. Before entering on the &c^^^°''^ ""^^ '
duties of his appointment such deputy must take the oath pre- g. s. 723;
scribed by the Constitution and the oath with respect to duel-i^ '778t'''code
ling ; and when so qualified the deputy may do and perform any xiv'., ^li\, ^§§
and all of the duties appertaining to the office of his principal. ^' ^'
Such appointment shall be evidenced by a certificate thereof,
signed by the Clerk, and shall continue during his pleasure.
He may take such bond and security from his deputy as he
shall deem necessary to secure the faithful discharge of the
duties of the appointment, but shall in all cases be answerable
for the neglect of duty or misconduct in office of his deputy.
State V. Hopkins, 15 S. C, 156; King v. Belcher, 30 S. C, 381; 9 S. E., 359;
Miller v. George, 30 S. C, 527; 9 S. E., 659.
Sec. 907. Every Clerk shall, except on public holidays, %'^'^^ ^^thlJs^lt
constant attendance, either personally or by deputy, in his office, ^^^^' ^'^-
which shall be kept in a room provided for that purpose in the ^ ^-g^- ^^s;
court house. He shall discharge all the duties required by ^^39, xl, ioo,
law, or the rules of Court, from time to time, or that may be
33^ CIVIL CODE
A. D. 1902.
incident to the office. He shall make a full, fair and correct
entry and record of the proceedings of the Courts and other
matters pertaining to his office in the various books required to
be kept, conforming to the mode prescribed by law, order of
the Court or usage of the office. He shall file in their proper
order or original papers in causes instituted or other author-
ized proceedings, and preserve with care all papers, books and
furniture pertaining to or connected with his office.
As to record of proceedings. — Williams v. Jones, 2 Hill, 555; Brown v. Coward,
3 Hill, 4; Jones v. Stiefer, i Speer, 15; Schoonmaker v. Lloyd, 9 Rich., 173.
Clerical reg
uiations of of: Scc. 908. The office of every Clerk shall be furnished with
papersrs^e a°^ Suitable cases, with proper partitions, for filing papers, under
record books.^ appropriate labels, well secured from dust by means of shut-
R. s'. rso-jib'] ters filled with glass, to slide on rollers, with labels painted on
^^' the outside, indicating the kind of records ; and on the case,
inside, label the number roll (or if in Sessions the term) of the
papers contained within each partition. The lower part of the
cases shall be divided into convenient apartments for the books
of the office, with doors secured with proper fastenings, with
labels painted outside indicating the particular descriptions of
records contained in each division, that is to say : "Journals,"
"Dockets," "Records After Judgment," "Miscellaneous Re-
cords" and "Register's Department." Each office shall be
furnished with a seal of office, with a proper device, a screw,
and such blank books for the various records as may be needed
char^e^ of ^the ^^0"^ ^^"^^ ^o time, to be procured by the Clerk, and the expenses
penalty '^Tcfr thereof defrayed by the County Board of Commissioners,
arnight. °^^'' S^^- ^09- Every Clerk shall have charge of the court house
G s 730^ within his County ; open the same, when required for public
1839 XI 'loV ^^^' ^^^ ^t ^^^ other times keep it closed ; and for every night
§^- any court house shall be kept open, the Clerk shall be liable to
ginlf palfer°of ^ penalty of five dollars, for the use of the County, to be recov-
ranf'of ^ori: ered by mdictment.
t^iTI^ sIssioVs- ^®^' ^^^' "^^^ original papers of record in each cause where-
of'^other^p^ers ^^ judgment may be signed or confessed, or decree may be
filing "fa'beisl ^^t^"*^^' ^^^^^ ^c filed, accordiug to the number of enrolment,
t^o'' '^be^'^'^rdl ^" t^^ book of abstracts of judgments, or of decrees, placing
MrT; o'r bi^i^s ^^^ t^^ papers in each cause together. Original papers in the
on Sessfons^pa- Scssious shall bc filed according to the term at which they were
cutfons°'^ Ort disposcd of, alphabetically arranged for each term, according
iower^^^li o w t^ defendants' names, all relating to the same cause together.
^^^^- Other papers required to be returned to, or kept in the office,
R s' 782-^ib' ^^^^^ ^^ endorsed with the character, date of filing, and num-
§7. ■ ' ■'
OF SOUTH CAROLINA.
ber on file, numbering each kind, from one onward, and keep-
ing all relating to the same matters together, under the same
number, and shall be filed according to date and number, in
appropriate boxes, with suitable labels, put up in packages,
dated according to the year in which they may be filed ; upon
the envelope or card there shall be an endorsement of the de-
scription or kind of papers therein, and reference to number,
under the following heads : Bonds in Attachment, Bonds of
Constables, Certificates from Supreme Court, Appeals, Com-
missions, Inquests by Coroner, Reports, etc., de Lunatic o In-
quirendo, Naturalization, Venire Facias, Estrays, Dower, Par-
tition, Escheats, Affidavits, Attachments for Contempt and
Rules, Sessions papers disposed of, to be transferred after
judgment, where the same may be authorized. The following
endorsement shall be made upon the record where the proceed-
ings warrant it, viz. : On the Judgment Roll, the date when
filed, number on docket, date and amount of judgment in fig-
ures, amount of taxed costs, judgment when signed, execution,
date of issuing, and at the top, at some conspicuous place, the
number roll. On Bills of Indictment, date and character of
finding by Grand Jury, number on docket, arraignment, verdict
or other disposition, and date, amount of taxed costs, execution,
date of issuing, and kind. On all papers returned by Magis-
trates in the Sessions shall be endorsed their character, and date
of filing. On every execution, before leaving the Clerk's office,
shall be endorsed, near the top, the number roll, or, if in the
Sessions, the term under which the case is filed, and in all
instances, when an execution is returned for renewal, the fact
and date of such renewal shall be endorsed on the execution so
returned, and on the renewed execution shall be endorsed the
date when first execution was lodged in Sheriff's office. All
original papers in dower, partition of real estate, and inquisi-
tions, shall be filed according to number roll, the papers per-
taining to each case being placed together, and the number
roll plainly endorsed on the envelope, or outside paper, and also
the book and page of record.
Sec. 911. The books to be used by the several Clerks shall Books to be
be well bound and of good materials, as follows : — — \ — ^—
I. "Court of Common Pleas Journal." — Which shall con- r. 's. ' liy,
tain a full account of the proceedings of Court, from the open- §8.^^'
ing to the adjournment, excluding motions refused. A shorts ^- Court of
° J ' o Common Pleas
statement of each case called, and manner of disposition, andJ^°^rnai.
every order of reference, each under a general order, as far as
22. C
CIVIL CODE
may be ; record of the names of the jurors composing each jury;
and all changes therein, and designating the jury who may try
each cause under the title thereof, together with an exact copy of
their verdict; and whether upon trial before Jury or Judge, or
by default, and if in default, whether in proof or reference,
and all assessments, each in words at length, and not in figures ;
awards confirmed; confessions of judgment during Court; final
judgment; copies of all orders passed, or motions granted, and
other matters specially ordered by the Court to be entered.
General°"s e°s^ ^- "CoURT OF GeXERAL SESSIONS JOURNAL." To be kept in
sions Journal, g^ separate volume, after like manner, as far as may be, and
^H%' r ■^^■' including the finding of the Grand Juries on bills given out,
102, §8, H 2. O t5 J & '
with their other presentments, and sentences of the Court on
parties convicted; orders of estreat; fines imposed, and other
matters specially ordered for entry by the Court.
3- Indexes to o, "INDEXES TO THE RESPECTIVE JOURNALS OF THE COMMON
J o u r n als of *-' •'
Common Pleas Pleas AND GENERAL SESSIONS.'''' — To be alphabeticallv ar-
a n d General _ ^
Sessions. ranged at the end of each volume, which Index shall always
i8so, XII., -be brought up by the first day of each succeeding term.
4. "Rules." — In which shall be entered everv case, on filing
4. Rules. ^ , ' . ,^ .
IT- — the complaint, showing, m separate columns, names of Parties,
103, §8, 11 3-" Plaintiff's Attorney, Defendant's Attorney, date of filing Com-
plaint, date of Answer, Demurrer, etc., Replication, and date of
order for Judgment,
s. Calendars; :r, "CALENDARS." — For Civil Causes, Sessions, and Contin-
entnes m made ^ . _.
by Clerk; Ses- g-ent, to be kept in separate volumes, for the use of the Court;
sions Calendar, o ' r r i i j i_
to contain gnd a Bar Calendar in a single volume, to be made on and be-
what; Contm- '^ ^ i i
gent Calendar, fore the meetingf of the Court, and the Calendars to be kept up
to contain = ...
what. as the pleadings are made up, or cases occur during the term,
lb., n 4- for both the Court and the Bar. No cause shall be entered on
the Calendar, except by the Clerk, or his deputy, nor by him,
until the pleadings are made up. The Calendars for the Court
shall be regularly preserved as a record of the Court, and shall
show, in separate columns, the number of cause, number of
term, names of parties, cause of action. Plaintiff's Attorney,
Defendant's Attorney, (and, in the Sessions, Prosecutor's
name,) Order of the last Court, and place for the event of
suit, to be entered by the Judge.
The Sessions Calendar shall contain, separately arranged,
cases of the previous term, under the title "Traverses," and
cases under the present term, under the title "Calendar."
The Contingent Calendar shall contain, in the Sessions, all
the Rules, Bills found in which Defendants have not been ar-
OF SOUTH CAROLINA.
rested, and cases struck off, but in which nol. pros, has not been
entered, to be called on motion of the Solicitor.
6. "Abstracts of Judgments." — In which shall be entered ^^ judgments-
each case wherein judgment may be signed, including each case^'^^'^ contains.
in dower, partition, and escheat, after judgment or final order, 103, fs, ^5.
with separate columns, showing number of Enrolment, names ^""^^^^ °^rg^''^§
of parties, cause of Action, Attorney, date of Judgment, amount ^^9. 288, 303.
of Judgment, time of bearing interest, how Judgment obtained, 399. 400, 401.
Costs, (separating Attorney, Clerk, Sheriff, Witnesses, and
Total,) kind of Execution, date of Issuing, Sheriff's Return,
when Renewed, and Satisfaction, together with an Index, by
the names of Defendants, and a cross Index by the names of
Plaintiffs, each alphabetically arranged, and kept in separate
volumes, with the number of enrolment of Judgment.
Ostendorff v. County Commissioners, 14 S. C, 403- The entry on this book is
the judgment record. Harrison v. Manufacturing Co., 10 S. C, 278; ex parte
Graham, Plyler v. Robertson, 54 S. C, 116; 32 S. E., 67.
7. "Sessions Index." — By names of Defendants, alphabeti- jj^/g^^"^'""^^
cally arranged, together with the offence charged, disposition "jj,_ 104:117.
of the case, and the term when ended, and number on file.
8. "Pleadings and Judgments." — In which shall be en- andjulgmems
tered, at length the Complaint, Answer, and Judgment in each j^^^ ^ g_ "
cause wherein judgment may have been signed, and also the
proceedings in Dower, Partition, and Escheat, when the final
order and judgment of the Court shall have been had, with an
Index to names of Plaintiffs.
Hall V. Moreman, 3 McC, 477; Treasurers v. Ross, 4 McC, 273; Brown v.
Coward, 3 Hill, 3.
Q. "Confessions of Iudgment before Clerk." — In which . 9. Confes-
-^ -^ sions of Judg-
shall be entered such proceedings kept with reference to thement before
number of enrolment in Book of Abstracts, instead of page,
together with an Index to this particular volume, in the "a-m^s ^^^ib-^^Kp^g;
of Defendants. cedure, §§399.
400, 401.
A confession of judgment is not void if not entered on this book. — Ex parte
Graham, Plyler v. Robertson, 54 S. C, 163; 32 S. E., 67.
10. "Fines and Forfeitures." — In which shall be entered ^^i°- \l^i^^l
the names of all persons fined by the Court, or whose recog-]^^^^ ,
nizance may be estreated, with separate columns, showing ^^^^-^ ^J^-
names, cause of fine, when fined, by whom fined, amount of
fine, to whom due, when collected, by whom collected, why not
collected, when paid over, and to whom.
11. "Magistrates' and Constables' Roll." — In which^^Jg^-^^^^f J^^
shall be entered the name of each Magistrate and Constable, on rX^^^""'
taking the oaths of office, representing, in separate columns, the j^^ ^ jj_
CIVIL CODE
names, date of qualification, office, expiration of term, a genuine
signature, and, in the case of a Constable, the names of the sure-
ties to his bond, with an Index of each name, alphabetically
arranged.
12. Estrays. j2. "EsTRAYS/' — In which book shall be entered, in separate
1839, XI., columns, date of entry, kind of entry, description by appraisers,
and their names, name of the Alagistrate, appraiser's valuation,
by whom taken up, when sold, and disposition of proceeds.
13 Book of j.,_ "Book of Orders appoixtixg Receivers of Judgmext
Orders ap- ^ -^
pointing R e- DeBTORS/'
ceivers ot
Lebtor°s™^^^ 14. "jMiscELLAX'EGus Ix'DEx/' — In which shall be entered,
Code of Pro- alphabetically, the names of all aliens who have taken any step
cedure, §324- towards naturalization; all persons concerning whom proceed-
laneous ^idex' ^^S^ ^^ luuatico inquirendo may be instituted ; names of aliens
°^h^^^haie^^\l- ^^^^^^^^^^*^ '" certificates and papers concerning corporations,
ward ^naturaii- ^^^ ^^^ matters required by law to be recorded and not other-
c^o n'c e^r nin'^ ^^^^^ providcd f Or, referring to papers on file by number and
whom pro- IoKpI
cee dings de ^^°^^-
lunatico inqid- j- ''^ Record Book OF Pardoxs/' — In which he shall re-
renao may be -J
aliens ^ natur^ai- ^^'^^ ^hc namcs of pcrsous pardoncd in his County, arranged
tflcates'^'^ Ic^' alphabetically, the offenses for which they were convicted, the
poration°^&/' *^^^^ ^^ couviction and the date of pardon.
to be entered ggg_ gj^g. The preceding books, required to be furnished and
^^7^ ^ kept by the Clerk, shall be of the following sizes, respectively :
104,^14- I. Court of Common Pleas Journal, General Sessions Jour-
Pardons. ^^\^ Rules, Fines and Forfeitures, and Estrays, each of the
^^1^896, xxiL, gJ2e denominated "Demi ;" the Journals containing not less than
Size of books ^^^ quircs cach, and the other books not less than three quires
required to be oo^l-i
kept. eacn.
Q ^ TTTT 2. Calendars, Sessions Index, Confessions of Judgment before
f^.p-gg^4; lb.. Clerk, Magistrates' and Constables' Roll, Book of Orders
appointing Receivers of Judgment Debtors, and Miscellaneous
Index, each of the size denominated "Broad Cap," the first
named containing not less than two quires, and the remaining
books not less than four quires each.
3. Pleadings and Judgments, in a volume not less than the
size denominated "^Medium," containing not less than six
quires.
4. Abstract of Judgments, of the size denominated "Super
Royal," containing not less than four quires.
5. Indexes to preceding volumes, of the size denominated
"Long Demi," containing not less than six quires.
OF SOUTH CAROLINA.
Sec. 913. To prevent false and erroneous entries in the Jour-
nals of the Courts of Common Pleas, it shall be the duty of the J° read Min-
' •' utes to Judge
Clerks of the said Courts, respectively, on each day previous to ^^g^o^^l^o"""^-
the adjournment of the Court, to read over to the Judge who — ^~^ :
may preside the minutes or entries which shall have been made f- f- ^ff'
during the day in the said journal. ' ^^9, §i.
Error in form of verdict corrected before recording. — Devore v. Geiger, 41 S. C,
138; 19 S. E., 288.
Sec. 914. The Clerk shall not in any case permit either the records ^ n^ot
books or records to be removed from his office, though it shall f°r o m'^Tffi'cet
be his duty at all times to permit either party to a suit, or his atYo'^raeys ^may
agent or attorney, to inspect or copy, during the pendency of '"^^^'^^'
suit, any papers pertaining thereto, without charge, or to fur-R. 's./ 786 1
nish on application certified copies thereof on payment of fees §9.^^' " ^°^'
per copy sheet.
Steinberger v. McSween, 14 S. C, 35.
Sec. 915. Clerks may administer oaths, take depositions and . May admjn-
•^ -^ ister oaths, &c.
affidavits, and also renunciations of dower. The Clerk of any sign orders of
.. -^reference,
County m which the office of Master does not exist may, by grant orders
•^ -^ i n partition
consent of parties, sign orders of reference in vacation; andand dower;
'=' when.
shall also have power, upon proper proceedings filed, to grant — - — r -7
orders for the partition of real or personal estate and for the ad- R-^s 787; ib.]
measurement of dower, in cases where the right of partition or xix., 835-
dower is not contested, or the same has been ascertained by a
decree of the Court. All proceedings under such orders shall
be filed at the next succeeding term of the Court for the adjudi-
cation of the Presiding Judge, until which adjudication all
equities of the parties shall be reserved.
Sec. 916. Thev shall have the privilege of acting as attorneys May act as
, , , ^ . attorneys, ex-
and solicitors in all the Courts in the State, except in the Courts ception^
of their respective Counties, provided they shall have complied g. s. 737;
with the requirements of law regulating the admission of per- 1871. xiv.,
sons to practice as attornevs, solicitors and counsellors in the
•^ - i\ot to act
Courts of this State. " Sheriff or
Deputy bher-
Sec. 917. They shall not act as Sheriffs or Deputy Sheriffs, 'ft"; exception.
except as provided by Section 926. g. s. 738;
Sec. 918. It shall be the duty of the Clerk, diligently and?839> xi., 112I
§32.
uprightly, to put in execution the laws of force directing the „
drawing, balloting, empanelling, and summoning of jurors, soJ^ry laws.
far as his cooperation may be required. g. _s. 739;
Sec. 919. Immediately after the adjournment of any Court^ps, §10; 1869',
. ' XIV., 236, §7;
of Common Pleas and General Sessions, the Clerk thereof shall iS/i, x i v.,
690.
make out a roll of the grand jurors and petit jurors and con-
342 CIVIL CODE
A. D. 1902.
''^' stables who shall have attended the same, exhibiting the name,
of Jurors and time of service, and amount due each juror and constable, and
showing t h e the term at which the service was performed, and shall enter the
each, &c., copy samc ou the journals of the court of the term when such service
e'd c o u'^n't y shall be performed, and shall forthwith transmit to the County
Commissioners, ^ .. r .^ r^ , .-/-i r i n i
to furnish cer- Commissioucrs ot the County a certined copy of such roll, and
rors^ and °Con- shall fumish cach juror and constable with a certificate, in the
stables; form r 11 • r
of certificate; follOWmg form:
certificates touo o r^
be signed by StATE OF bOUTH CAROLINA :
Sheriff m h°is "I, A B, Clerk of the Court of Common Pleas and General
^-i^^^ff^ Sessions for County, in the said State, do certify
loe' §14. ' that attended as a juror, (or actually served
as a Constable, as the case may be,) for said County
41I. ^ ' " days at Term, A. D , and is entitled to
receive for the same dollars and .... cents ;" which
certificate shall be signed by the Clerk of the Court, who shall
issue the same, and be countersigned by the Presiding Jtidge;
or, in any case where a Judge may not be present during the
term, the certificate shall be countersigned by the Sheriff of the
county; and, in addition to what is above described, shall set
forth such absence of the Judge ; and all certificates so issued
and executed shall be valid.
To adjourn Scc. 920. Whenever it shall so happen that any Circuit Court
absence of the in this State cauuot be held at the time appointed, in cons'e-
" ^^" . quence of the absence or indisposition of the Judge, it shall be
R. 'Sj^ ' 792; the duty of the Clerk of such Court, or his deputy, to open and
§13?*' " ^° ' adjourn the same from day to day, until the Court shall meet,
or until he may receive due notice that the Judge will not be
present, when he shall adjourn the same until the first day of
the succeeding term.
To issue ex- gcc. 921. It shall be the duty of the said Clerk to issue every
ecutions, bench -^ _ _ "^
warrants, and exccutiou, bcuch warrant, or other process, issuable, or directed
all other pro- ' y r ' '
cesses; to sign to bc issucd, by the Courts of Sessions, in the name of the
all judgments -^
officially. Attorney General or Solicitor of the Circuit, and also to issue
G. s. 743; all rules and notices ordered in the Common Pleas, and test, in
R. S. 793; lb.,
107, §16. his own name, under the seal of the Court, all writs and pro-
cesses issued either in the Common Pleas or Sessions, and to
sign officially all judgments, and state the time when each is
signed and entered.
As to testing writs. — Miller v. Hall, i Speer, i; Smith v. Affanassieffe, 2 Rich.,
334; State V. Thayer, 4 Strob., 286.
Sec. 922. Whenever security for costs may be ordered to
OF SOUTH CAROLINA. 343
A. D. 1902.
be given, or may be tendered, by any plaintiff, in vacation or '' 1 '
in term time, the Clerk shall witness the signature of the surety, and°approve
and shall, in the first instance, judge of the sufficiency of the ^^^^gV^ornf 0/
security ; the form of the undertaking to be according to law, ' ^ ^ ~~
or the rule of the Court on that subject if there be no law. ^- ^■J?,'*'' ^^■'
■> no, 822.
Money deposited, compliance with order. — Fenet v. Wilson, 3 Hill, 340. Note
of plaintiff's attorney, not. — Bomar v. R. R. Co., 30 S. C, 450; 9 S. E., 512. Clerk
must witness and approve security.- — Furman v. Harman, 2 McC, 442; Boyd v.
Graham, 2 Hill, 558; Cummings v. Wingo, 31 S. C, 427; 10 S. E., 107; McCarley
V. Turner, 33 S. C, 161; 11 S. E., 645. As to form and place of signature of the
Clerk as witness. See Garrett v. Niel, 49 S. C, 560; 27 S. E., 512. Form of un-
dertaking prescribed. — Boyd v. Graham, 2 Hill, 558; Rule of Practice Circuit
Court, No. 10.
Sec. 923. The Clerk, as to lands within his County, and May grant
. I- 1 T-. • writs of dedi-
deeds to be recorded m his office or m the office of the Regis- ?»m.j potesta-
r-a/r /-^ r t • /-^ • i-i tem; for what;
ter of Mesne Conveyances of his County, is authorized to grant purposes,
writs of dedimus potestatem, directed to two or more Commis- g. s. 744;
, . . . p 1 . . . R. S. 795 ; Ih.,
sioners for taking renunciations of dower, or taking probate o± i?^ 33; 1878,
the execution of all deeds under seal, where the persons to make '
such renunciations, or prove such deeds, reside without the
limits of this State.
Sec. 924. It shall be the duty of the Clerk, or of the "Register ^^ ^u^^t^enter,
of Mesne Conveyances, as the case may be, in whose office any •'g^f^^tjon^'^' ^l^\
judgment or mortgage may be of record, on the receipt of the J^'^'^^sments ami
fees, to permit any judgment creditor, or his or her attorney, ^'■''^^"- .
or any mortgagee, as the case may be, to enter satisfaction ^ ^-g^- 796;
thereof ; or if any Judge shall order satisfaqtion to be entered ^^39, xi., 109,
thereof, to enter of record satisfaction accordingly.
Waring v. Miller Batting Co., 36 S. C, 310; 15 S. E., 132. For power of Clerk
to appoint guardians ad litem, under Act 1898, XXII., 688, see Code Civil Pro-
cedure, Sec. 136.
Sec. 925. In case of any vacancy in the office of Judge of judge of'^Pro^
Probate, the Clerk of the County shall take charge of said office, oiice is vacant!
and all papers therein, and discharge the same duties, receive g. S. 746;
the same fees, and be subject to the same liabilities, as by law 113, 'iH'!' "
provided for a Judge of Probate, until a Judge of Probate shall
be appointed by the Governor or elected and commissioned for
such County.
Sec. 926. In case of vacancy in the office of Sheriff, the Clerk sheriff ^'^when
of the County shall take possession of the jail of such County, vacant? ^"^^
-. •-- 747;
R. S. 798; Ih.,
and charge of the prisoners confined therein, and also posses- g. s
sion of the Sheriff's office and the papers therein, until the Coro- 1884,' xviii!^
Sheriff shall be appointed by the Governor or elected and com- '^^'^
missioned for such County.
344 CIVIL CODE
A. D. 1902.
. ' Sec. 927. Whenever any execution shall be returned for re-
newal and" sat- newal, or as satisfied, by any Sheriff, the Clerk shall enter such
e X e'c u^ionsf ^^"^w^l °^ Satisfaction in the appropriate column of the ab-
'^^^'"^- stract book, and in case of satisfaction shall enter the same on
R. s'. ^99-/ib.', ^^^ original record; and it shall not be lawful for the Clerk to
109, §19- affix the seal of the Court to any renewed execution unless the
one previously issued shall have been delivered to him, or unless
authorized by a Judge's order.
Clerk is not presumed to have violated the law in renewing execution from his
omission to so enter renewal and in absence of proof of return of previous one to
him; he is rather presumed to have done his duty. — Douglass v. Owens, 5 Rich., 534.
jg To^admini^s^ Sec. 928. The Clerk shall administer the oaths of office re- '
^d ^ 't^an'^fmit '^^^^^^ ^o be taken by Magistrates appointed within his County,
rifary^of "state'';' °" ^^^^^ application, within ninety days after such appointment ;
^"^^"^ ^and on the first day of November, annually, he shall transmit
R s' io'o-^ib'^ ^^^^ °^ ^^^ names of Magistrates who have qualified during
112, §30. ' the preceding year to the office of the Secretary of State at
Columbia,
spe^tln^ oaths ^®°" ^^^' ^^^ Clerk shall administer the oaths of office re-
Coistabie'^ &c^ quired by law to be taken by a Constable, on his entering into
— ^— ^ ^bond, as prescribed, of the sufficiency of the surety to which
R.^s. 801; lb.', the said Clerk shall judge, to be filed in the office of Clerk. The
Constable shall furnish a genuine signature of his name in the
book prescribed, whereupon the Clerk shall furnish an official
certificate of such qualification. When any Constable sum-
moned in writing by the Sheriff to attend Court shall fail to
appear, according to the summons, such default shall be noted
by the Clerk, and such other proceedings had as in cases of
jurors in default, or as the Court may order.
Accounts Sec. 930. In all cases the Clerk shall render his account
against Coun- .
ty; how to be against the County for fees in State cases under oath, to be
rendered.
^ ^ taken and subscribed before the Judge, Magistrate or other
G. S. 752; , J o ' o
R. s. 802; lb., officer authorized to administer an oath, in which the nature of
113, §3s; 1869,
XIV., 274 §2; the services shall be fully set forth, and, if in the Sessions, the
1875, XV., -^ .
992; 1879. name of the party, offence and termination thereof. He shall
XVII., 175. '^ -^
not be entitled to receive any fees from the County in any case
where the defendant is convicted, unless he make oath that the
costs in such case have not been recovered out of the defend-
ant and that he is unable to pay costs. And he must, in all
cases, further make oath that all fines and penalties theretofore
collected by him have been faithfully and fully paid over to the
County Treasurer.
Sec. 931. In all cases where any Sheriff, Coroner, Magis-
OF SOUTH CAROLINA.
trate or Constable, shall be required to obtain the official certifi-
cate of any Clerk to his contingent account, specifying any ^jg^J'g^'^^o'^^ij'g
matters required by law to be certified, the Clerk shall furnish t^^offictrsTy
such certificates, according to the facts, upon application and ^^^'"^-
payment of fees. r. ^'s.^' 803;
Sec. 932. It shall be the duty of the Clerk to furnish, free of ||39, xi., 113'.
charge, to the County Commissioners, when required, an official ^^ furnish
certificate of all liens that may be of record in his office, on ff/j^g^^^j^® p^op!
the property of any individual who may be offered as surety to ^^J^ offere^^as
the bond of any public officer, whether by judgment, mortgage, ^^^j^^^ "^J p°b^
or otherwise. ""^ °^''^'^-
Sec. 933. The Clerk of the Court of Common Pleas and Gen- ^ ^"s.^- ^^4;
eral Sessions of each County in this State shall furnish, and isgj^f' ^^■' "^'
required to keep in his office, the weights and measures estab- rj, ^ keep
lished by law, which shall be the standards of all other weights ^'i^^'^l^^/gg.^^.e
and measures in said County, and to which any person shall ^^j.^,|gg^° ^y
have free access to test the same; and the Governor of the ^^^ Governor.
State is authorized and required to purchase such standard j^^- s^- ^^s;
weights and measures out of the fines and forfeitures incurred i^g'^g'of^'xiL,'
in the respective Counties where such weights and measures are ^°°' ^^•
to be kept.
Sec. 934. It shall be the duty of the Clerk to return to the ^^ff^^^^J^^:
County Commissioners, on or before the last day of October in c°o mVfssion-
every year, an account, upon oath, in duplicate, of all fines and SQ^j.^j^ggjP^"f ^^^
forfeitures inflicted in their respective Courts during the pre- ^ g_ ^^g.
ceding year, and of the amounts had and received by them, andfg^^ \^ ^°o|
of the manner in which said fines were disposed of, under pen- ^^^7; 1^81^9. vi.,
alty of two hundred dollars, to be recovered against any Clerk
for default herein by action. And it shall be the duty of the
County Commissioners to request the Attorney General or So-
licitors, as the case may be, to sue for and recover the said sum
of every Clerk that may fail to render such account.
Sec. 935. Every Clerk shall be held responsible for the books, f^/^Tture
papers, and furniture in his office; and upon his retiring fromf^fg'^j,gf^P^.''^pgJ^*^
office, or death, he or his representatives shall be bound to fl^y^^f^°^-^^J'°^
transfer all such books, papers and furniture to his successor, |vs^jgS'J^^e^s°j^:
immediately after such successor shall have entered upon the ^°^^ ^° ^^™^-
duties of his office. Before surrendering such books, papers, j^ *^-g^- ^s^;
and furniture, the Clerk so retiring from office, or his repre- 1^39, XL, 114,
sensative, shall be entitled to require from such successor,
(who, under like penalty, shall be bound to execute the same,)
a receipt in writing therefor, which shall specify the number.
346 CIVIL CODE
A. D. 1902.
^--'^v^*-' title, and condition of every book, the number of records, as
appears by the enrollment, and such other classification as it
may be convenient to adopt from the arrangement of the office,
all the packages of papers in office, and the description and
condition of each article of furniture; a duplicate of which
receipt shall also be given, and shall, by the Clerk so retiring
from office, or his representatives, be filed in the office of the
County Commissioners for the County ; and every Clerk, having
retired from office, or his representatives, shall be liable to an
action, in the name of the County, for damages for any books,
papers, and furniture, which shall be proven to have been in
his possession, and shall not appear, by such receipt, to have
been transferred to his successors, or, having been so trans-
ferred, shall appear to have been, through neglect, injured dur-
ing his continuance in office.
Fines, &c., Sec. 936. All fines and penalties imposed and collected bv the
to be turned ' '^ '^
over forthwith; Circuit Court of General Sessions in criminal causes shall be
to pay over
annually taxes forthwith tumcd ovcr bv the Clerk of said Court to the County
received from
plays and Treasurer of the Countv Avherein the same are imposed : Pro-
shows. - ...
— - — 7 --vided, That when, bv law, anv person is entitled, as informer,
^o ^-^ T^?-' to anv portion of the fine or penaltv imposed and collected, the
1871, XIV., - -^ . ' .
655, §1; 1813, same shall be immediatelv paid over to him. Thev shall also
v., 711, §35; ' ^ .
1843, XI., 246, pav, monthlv, to the Countv Treasurers of their respective
§3; i87S> XV., -t^ - ^ - ' ' -^
84s. Counties, for the use of the State, all such moneys as may have
come into their hands as taxes from persons representing, pub-
licly, plays and shows within the limits of their said Counties.
To report to gee. 937. Evcrv Clerk of the Court is required on the first Wed-
Auditor and ■' ^
Treasurer. ncsday in cach month, or within lo days thereafter, to make, m
T, ^- c^- ^59' writing, to the Auditor and Treasurer of his Countv, a full and
R. S. 8oq; ° ^ .
1878, X V I., accurate statement of all moneys collected on account of licenses,
fines, penalties and forfeitures during the past month.
Penalty for Scc. 938. If anv Clerk shall fail to pav over anv monevs
not paj'ing ■' __ '..-'
over funds, paid to him by order or permission of the Court, within five
G. S. 760; davs after demand of the person entitled to receive the same,
R- s. 810; - ^ ., ,
1839, XI., Ill, he shall forfeit and pay five per cent, per month., until the same
shall be paid over, to be recovered, together with such amount
received, by action on his official bond, besides being subject
to rule and attachment as for contempt.
Fort V. Assman, 38 S. C, 273; 16 S. E., 888. Rule not proper remedy. Smith
V. Lake, 3 S. C, 341; Remedy: Fowke v. Thompson, 5 Rich. Eq., 491.
Sec. 939. If any Clerk fail to pay over fines and forfeitures re-
ceived by him, within five days after demand of the person en-
OF SOUTH CAROLINA.
titled to receive the same, he shall forfeit and pay five per cent.
per month until the same shall be paid over, to be recovered, Penalty for
■■^ r- ' ' not paying
together with such amount received, by action on his official ^"'^^ i^"?t ^"^
o 'J f o r f e 1 tures.
bond, besides being- liable to rule and attachment as for con- P.'^'?^i'y ^°^ °°'
' •= giving noticei
tempt. If he shall fail to ffive to some member of the Board,*-? County
'^ o Commissioners.
of County Commissioners the notice required by law to be ~ ^ ~^,
given, he shall forfeit and pay double the amount so detained R- S- sn; ib.
without notice.
Sec. 940. At each stated session of the Court of Common
Pleas, the Clerk thereof shall present an account to said Court for'^^oneys^at
' of all moneys remaining therein, or subject to the order thereof, ^^^^ session.
stating particularly on account of what cause or causes said^^ ^-g^- l^l'i
moneys are deposited, which account, and the vouchers thereof, '^^^' xvi.,17,
shall be filed in Court.
Sec. 941. In every case in which a Clerk of the Court of
Common Pleas shall issue an execution, he shall attach thereto ^.^ ^^J^' at^tactfed
a bill of each item of costs therein charged, and shall, on appli- to executions.
cation of defendant in execution, tax all costs which accrue tOj^ ^-g^- l^^i
the Sheriff for services on such execution. g^^7. vi., 336,
Sec. 942. Upon the confirmation by the Circuit Court of the
report of the Master or other officer making sale of lands pur- of^°^ortSagel
suant to decree of foreclosure, it shall be the duty of the Clerk °^_ 'o?dIr ^°of
of the said Court to enter upon the record of the mortgage so markld^^^sLtis^
foreclosed release of lien thereof in the form prescribed in ^^^^-
Section 943 : Provided, That nothing herein shall be construed ^^^°°' xxiii,
to satisfy any unpaid portion of the debt secured by said mort-
gage.
Sec. 943. That the release of lien entered by the Clerk under
Section 942 shall be made in writing on the margin of the re- dofs°e™en't^ To
cord book in which the mortgage to be satisfied is recorded, and Qerk"^"^^ ^^
opposite to said mortgage, and shall be in the following form :
"Lien released by sale under foreclosure the day of .... ,
A. D., 19. .. See judgment role No ;" and signed by the
Clerk.
The Clerk shall also discharge the duties hereinafter prescribed in Article V. of
this chapter for Register of Mesne Conveyance, in all Counties, except Charleston
and Greenville.
CIVIL CODE
ARTICLE V.
The Register of Mesne Conveyances.
Sec.
Sec.
944.
945.
Registers for Charleston and
Greenville Counties ; how
elected ; term of office.
Clerk of Court to perform
duties of in other Counties.
946. Official bond and oath of of-
fice, &c.
947. Register may appoint deputy.
948. Prerequisites to recording
deeds, &c.
949.
Conveyances of land not to be
recorded without Auditor's
endorsement.
How instruments to be re-
corded ; books of record and
indexes, &c.
To give certified copies of re-
cords and certificates as to
encumbrances, &c., liability
for incorrectness of.
952. Auditor to take charge of of-
fice in case of vacancy.
950.
951.
120,
X V II
453
The Clerk of
Court in other
Ch^rKto"a^nd Section 944. The Register of Mesne Conveyances for Charles-
Countle'^-^ hiw ''^^ County shall be elected by the qualified voters of said Coun-
of^office * ^ ^^ ^^' ^^ ^^^ general election to be held in the year one thousand
- — ^ — :^nine hundred and two, and at every alternate general election
i8 8 ^'xxii' ^^^^^^^^^^' ^^^ shall hold office for four years and until his
690; i|i2, v^, successor is elected and qualified; and the term of office of the
"'' ^68^' P^^sent Register of Mesne Conveyances for said County is here-
XVIII., -by extended until his successor be elected and qualified. The
- Register of Alesne Conveyances for Greenville County shall be
elected by the qualified voters of said County at each general
election, and shall hold office until his successor be elected, com-
missioned and enter upon the duties of his office.
See. 945. The office of Register of Mesne Conve3^ance shall
perform^' t h e ^^^^t Only in the Couutics of Charleston and Greenville ; and in
pose" on^'such ^^^^J Other Couut}^ in the State, the duties prescribed by this
Registers. Codc for such officcr, shall be performed by the Clerk of
1 1^5^^^' §4^4'' ^o^^t' ^'^^'^'^ shall have all the powers and emoluments given the
^Jg^l-'g. )gy--' Register of Mesne Conveyance in Charleston and Greenville
fsl^'x^if! Counties.
^^^' Prior to the Act of 1896, the offices were distinct in these Counties, though the
duties were performed by the same officer. . Waring v. Miller &c. Co., 36 S. C,
310; IS S. E., 132.
and^oiths^°"f S®^- 9^6- The Register of Mesne Conveyances in the Coun-
office, &c. ■(-jgg Qf Charleston and of Greenville, before entering on the
ii6^§48- i^/V duties of office, shall give bond, with three good sureties, to be
fsl'g ^xx' approved by the Coimty Board of Commissioners of said Coun-
xxi ^8^ ^ ^ ' ^^^^' respectively, and of the form required by law, the Register
of Charleston County in the sum of five thousand dollars, and
the Register of Greenville County in the sum of one thousand
OF SOUTH CAROLINA. 349
' A. D. 1902.
dollars, said bonds to be lodged in the office of the State Treas- ^-«*-v-**-^
urer ; and shall take the oath of office required by the Constitu-
tion, and also the additional oath prescribed in Sections 501 and
502, endorsed and subscribed on his commission, and
enter the same, with the endorsement, on the records of
the office ; the said office of the Register for Charleston Coun-
ty to be in the fire-proof building in the city of Charleston, and
to be kept open from 9 o'clock A. M. to 6 o'clock P. M. every
day, except Sundays and public holidays.
Sec. 947. In Charleston and Greenville Counties the Register ^p^eg^ster^^^y
of Mesne Conveyances may appoint a deputy in the same man-^-
ner that Clerks of Court are authorized to do. ii6'^^§46;'^g!
Sec. 948. Before any deed or other instrument in writing can |- 767; R- s.
be recorded in this State, the execution thereof shall be first prerequTsUes
proved by the affidavit of a subscribing witness to said instru- deeds^&c!^'^'"^
ment, taken before some officer within this State competent to ^ ^ ^^
administer an oath. If the affidavit be taken without the limits ^gg^ ^- xvil'
of this State, it may be before a Commissioner or Commis-^^s; issg.xx,
sioners appointed by dedimus issued by the Clerk of the Court
of Common Pleas of the County in which the instrument is to
be recorded ; or before a Commissioner of Deeds of this State ;
or before a Clerk of Court of record, who shall make certificate
thereof under his official seal ; or before a Notary Public, who
shall affix thereto his official seal, and shall accompany the same
with a certificate as to his official character by a Clerk of a Court
of record of the County in which the affidavit is taken; or be-
fore a Consul, or a Vice-Consul, or Consular Agent of the
United States of America. Where the affidavit of a subscribing
witness cannot be had by reason of the death, insanity or ab-
sence from the State of such witness, then the instrument may
be recorded upon proof of such fact, and of the handwriting of
the parties who signed the instrument, and of the subscribing
witnesses by proper affidavit — the proof in every case to be re-
corded with the instrument.
Registering is not to perfect deed, but to publish it. — Dawson v. Dawson, Rice's
Eq., 243. Probate of deed executed in the State, before Magistrate in Georgia, not
valid. — Woolfolk v. Graniteville Man. Co., 22 S. C, 332. Probate need not be
endorsed on deed nor appear in registry before Act 1839. — Hillegas v. Hartley, i
Hill Ch., 106. Registry without probate no notice. — Woolfolk v. Graniteville Man.
Co., 22 S. C, 337. But witness need not sign the affidavit. — Fuller v. Missroom,
35 S. C, 314; 14 S. E., 714. Mechanic's lien need not be probated. — Murphy v. Valk,
30 S. C, 262; 9 S. E., loi. Chattel mortgage must have at least one witness, and
probate, to entitle it to record. — McGowan v. Reid, 27 S. C, 262; 3 S. E., 337.
Where chattel mortgage is under $100 probating is not a prerequisite to indexing. —
Milford v. Aiken, 61 S. C, no; 39 S. E., 233.
350 CIVIL CODE
A. D. 1902. "~
i ' Sec. 949. Before any deed of conveyance of real property
Endorsement ^^^cn. be placcd on Tccord in the office of the Register of Mesne
of Auditor re- -t^ o
cord^fn^hi^s° of- Conveyance or Clerk of Court it must have thereon the en-
fice, before re- dorsement of the County Auditor that it has been entered of
coraingby ■>
Clerk or Reg- record in his office.
ister.
— ^^ ^ "^ Sec. 950. The Register of Mesne Conveyances is required to
1882, X V 1 1., j-gcord, in well bound books, of the size not less than those
loiS, §232. '_ _ '
To record denominated ''Medium," kept for that purpose, in the order of
marriage set- ^]^g timcs at which they may be broueht to his office, all mar-
tlements, con- J J a >
nmfc'iado'ns ^of ^^^§^s Settlements, and all conveyances and mortgages, renun-
do\ver and in- ciations of dowcr, and other writings concerning the titles to
hentance, &c. ' o C3
Their execu- j^nds situatc in his County, which may be lodged with him to
proved by affi- ^g rccordcd : Provided, That the execution of every such
davit of _ a ' -'
subscribmg y^^j-i^ij-ig shall first be proved by affidavit of a subscribing wit-
to'^be^^ecorded i^^ss, or " Otherwise, as hereinbefore provided. Every such
one month at- vvritiug shall bc rccordcd within one month after its lodgment,
ter lodgment. o & '
Certificate o f j^^d the recording shall bear even date with the lodgement : on
Register there- _ => _ .
on. Two ^n- gvcry such writing shall be endorsed a certificate, to be signed
gistry Books \^y ^j-^g Register or his deputy, specifying the time when, and
— - — - — T^ book and page where, it was recorded : in the book, the names
G. S. 769; -c & ' ^ ' '
R- s. 820; of the parties and nature of the writing shall precede the regis-
§45- try, and after it shall follow the date of the registry and a
memorandum of the person to whom the original writing has
been delivered. To the books of the registry, reference shall
be had by means of two indexes, each of which shall be in a
separate book of the size denominated ''Long Cap," both con-
taining the year of registry, names of parties, book, and page;
. the alphabetical arrangement of one being according to the
names of the parties who executed the writings, and of the
other, according to the names of the parties to whom they were
executed ; each index embracing a number of the volumes of
registry, not less than ten.
\2, XVII., Different sets of books shall be provided by the Clerks and
Registers of Mesne Conveyances of the several Counties for
the recording of chattel mortgages and mortgages on real
estate, in one of which sets all chattel mortgages shall be re-
corded, and in the other set all mortgages on real estate shall
be recorded.
The Clerks and Registers of Mesne Conveyances of the sev-
eral Counties shall provide separate indexes for the different
sets of books provided for him.
It shall be a sufficient record of any chattel mortgage, where
1053
OF SOUTH CAROLINA.
the amount secured is not more than one hundred dollars, to
enter upon an index book to be kept for that purpose by Regis-
ter of Mesne Conveyances, the names of mortgagor and mort-
gagee, the amount and character of the debt secured, a brief
description of chattels pledged, the date of said mortgage and of
the maturity of said debt, and the date of presentation of such
mortgage for record ; and the fee to be charged by the Register
of Mesne Conveyances shall be the same as now provided by
law for the indexing of liens on crops for advances for agricul-
tural purposes.
Chattel mortgages for less than $ioo need not be probated before being indexed.
Milford V. Aiken, 6i S. C, no; 39 S. E., 233.
Sec. 951. The Register of Mesne Conveyances, or his deputy, ^j^j^^ c^ptcsTi
shall be required, on application, to give a certified copy of any Ji^ent'^o£°''f^ees!
writing recorded in his office, the fees for the same being first To^^Pfy. ^fJ|J;
paid in advance, if required or tendered, as the case may be; orJ^'^s^^J.^p'^"'"'^^''*
a certificate that no deed, conveyance, or mortgage, or other certificates.
transfer of any particular parcel of lands or tenements, by any ^ /^-g^- ll°\
particular person, is registered in his office; and if the Register ^^39, xi^.^e,
or his deputy shall furnish an incorrect transcript of any deed i?l'^ js^;_ =^^43.
recorded, or an incorrect certificate, he shall forfeit and pay to
the party the damages that may accrue in consequence thereof.
Sec. 952. In case of any vacancy in the office of the Register takt'dJarge in
of Mesne Conveyances in Charleston or Greenville Counties, ^^^^ °* ^^'^^'^'
the Auditor of the County in which such vacancy shall occur 1893, xxi.,'
shall take charge of said office and all papers therein, and dis-4o°-
charge the same duties, receive the same fees or salaries, and g^^^"*'^^' p^^'
be subject to the same liability as is by law provided for a
Register of Mesne Conveyances until a Register of Mesne pg^iod.
Conveyances shall be elected and commissioned for siich
County.
ARTICLE VI.
The Judge of Probate.
953. Election and term of office.
954. Vacancies in ; how filled.
Clerli of Court to act until
vacancy filled.
When office of Clerk vacant ;
Judge of Probate to act
until vacancy filled.
Bond and oath of office.
To make search, furnish
copies, &c ; fees allowed.
To keep seal of office ; descrip-
tion of.
955.
956.
957.
958.
959.
960. Books to be kept.
961. Manner of filing papers ; in-
dex to papers to be kept.
962. Clerk to file account of
moneys remaining in Court.
963. May administer oaths, &c.
964. Responsible for property of
office ; to transfer to suc-
cessor and take receipt.
965. To discharge duties of Master
in Anderson and Orangeburg
Counties.
ZS2 CIVIL CODE
A. D. 1902.
"" <• ^ Sec. 953. The Judges of the Probate Court shall be elected
Elections and ^^ ^^^ qualified clectors of the respective Counties for the term
term of office, gf fQ^j. ygars. The election for said office shall be held at each
s^'823-''''con" ^^^^^^^^^ general election, reckoning from the year 1890.
^8*9 9 ;' XX.! ^®^- ^^^- ^^^ vacancies in the office of Judge of Probat-e shall
XIV 33!^ ^ ' ^^ filled in the manner prescribed by Article V., Section 11, of
V a c ancies, ^-^^ Constitution of the State.
how filled. jf unexpired term exceed one year, the Governor cannot fill vacancy. — Whitmire
G. S. 772; '^- Langston, ii S. C, 381.
Con., Art. \^.' Scc. 955. In case of such vacancy the Clerk of the Circuit
xvir.,^126.^' Court of the County shall take charge of the said office and all
Clerk of papers therein, and discharge the same duties, receive the same
until vacancy fscs, and be subjcct to the same liabilities as by law provided
-^ for a Judge of Probate, until such vacancy shall be filled by ap-
R 's ' sis' pointment of the Governor, or bv an election, as the case may
1884, XVIII.' 1
744- DC.
of ^ cierk° va^ Sec. 956. In case of any vacancy in the office of the Clerk of
Prob'ate"to^act the Court of General Sessions and Common Pleas, the Judge
filled. ^^'^^'°''^^ of Probate of the County shall take charge of said office and
R. s. 826; all the papers therein, and discharge the same duties, receive
the same fees, and be subject to the same liabilities, as by law
provided for such Clerk, until such vacancy be filled by appoint-
ment of the Governor or by election.
Bond and Scc. 957. Judgcs of Probate before receiving their commis-
^ ;- sions shall take the Constitutional oath of office and the several
19, §1; 1880! additional oaths required of such officers by Sections 582 and
1875, XVI, 16; i;8'^, and shall enter into bond, conditioned for the faithful dis-
tRS6 XIX
711;' 1887, ib.\ charge of the duties of the office, which shall be duly executed.
XX.,' 720^; approved, certified, recorded and filed, as prescribed in Chap-
15;' /sgs'iter XVIII, Article I. The bonds of the Judges of Probate for
Charleston, Spartanburg and York Counties, respectively, shall
be in the sum of ten thousand dollars ; for Williamsburg Coun-
ty in the sum of two thousand dollars ; for Horry County, two
thousand five hundred dollars ; for Edgefield County, three
thousand dollars, and for all the other Counties, respectively,
five thousand dollars. They shall qualify within thirty days
after the election is declared.
To make Scc. 958. It shall be the dutv of the Judge of Probate, when
search, furnish - .
copies, &c. applied to, to search for and examine anv book, record, or paper
Fees allowed. ,;.,.„ , . . , ' • ,
; belonging to his office, and to furnish any person wanting the
R. 's. ' 828! same with a copy or copies of any part thereof, or of the whole
1839, XL, 63, fjt-Jf
§23-
OF SOUTH CAROLINA.
or any part of any proceedings touching any estate or estates in
his care or custody as Judge of Probate aforesaid, and to cer-
tify the same ; for which respective services he shall be allowed
at the rate of nine cents for each copy sheet of ninety words
the same may contain, and fifty cents for every certificate he
shall so give.
Sec. 959. Every Judge of Probate shall keep in his office a ^^^^° Desmp^
die, in a circular form, upon the center of which shall be en- ^'°" °^- .
graved, in capital letters, the word "Seal," and on the circum-j^ g- g^g-Jib!.
ference, the words, "Judge of Probate's office of County," ^^' ^^s-
which shall be regarded as the seal of his office, and which he
shall impress upon all papers issued from his office and affix his
name to such papers. Books to be
Sec. 960. Every Judge of Probate shall keep the following ^f£^^
books, (to be furnished by the County Commissioners,) eachj^^- g|-^.776;
to be designated by its label, as follows, that is to say : ^^■^^
1st. "Wills," in which he shall enter a copy of all wills ad- '• wnis.
mitted to probate, together with the probate and certificate
thereof. ^ ,_ inventor-
2d. "Inventories, Appraisements, and Sales," in which he j^^^ ^^pp'^^^^^j
shall enter all such matters as are designated by the title. ^^*^^-
3d. "Returns," in which he shall enter all of the accounts of Returns
the receipts and expenditures by executors, administrators, and
guardians, including the final settlement.
4th. "Real Estates," in which he shall enter all proceedings ^^^4- Real Es-
and orders in relation to the sale or division of real estates,
from the petition to the bond of the purchaser, both inclusive.
5th. "Letters," in which he shall enter all letters granted, s- Letters,
whether testamentary, of administration, or of guardianship.
6th. "Bonds," in which he shall enter bonds of administra- ^- Bonds,
tors and guardians.
7th. "Cash Book," in which he shall open and keep a regular casf ^Bo^k °fo
account with every individual or estate on whose account he l^^l ^"4 'open
has received any moneys, bonds, notes, stocks, choses in action, *°g^|^^^|"= '''■
or other property of any description whatsoever by virtue of his
office, exhibiting fully everything so received by him, as well
as all costs and charges against such estate, and disbursements
in favor of the parties interested therein, or other disposition
thereof, which book shall remain in his office as a public record,
and be subject to public inspection.
8. "Journal," in which he shall enter every judgment, sent-
ence, decree, determination, denial, and every other act done or
23.— C
CIVIL CODE
order made by him, in his official capacity, so as to constitute a
complete journal of the current proceedings of his office.
Each of said books shall be furnished with a full and com-
plete alphabetical index, in the surnames of the parties, to the
several matters therein contained.
xviTi., 131. g "Index to Lands Devised," in which he shall, immedi-
ately after wills shall have been duly proved, enter the names
of the devisors and devisees and a short description of lands de-
vised under wills filed in his office, together with convenient
references to said wills.
Whenever a will omits to set forth a description of the lands
thereby devised, the person offering such will for probate shall
be required to furnish to the Judge of Probate a sufficient de-
scription of said lands, to be entered by him in said book. The
Judge of Probate, in addition to his charges for probate of wills
allowed by law, shall be entitled to charge one dollar for each
index of devises of real estate made by him, to be paid by the
executor or party probating the will.
10. "Index of Money Decrees," in which every enrolled
order or decree for the payment of money shall be entered,
with the names of every party or estate bound thereby, alpha-
betically arranged, together with the names of the parties
plaintiff, and (besides the title of the package in which the
order or decree is contained and the number in the package)
shall exhibit the amount ordered to be paid, the costs (if any),
date of enrollment, date of execution, and date of satisfaction
where satisfaction has been entered.
fiiinl^'^"plper°sf ^^^- ^^^' "^^^ manner of filing papers in the Judge of Pro-
J«s'to be kepi bate's office shall be as follows, to wit :
Q s ^^^. The case shall be divided into convenient apartments, which
1839, \i.,^ 69! shall be numbered from one forward. The papers relating to
^3^- the same estate shall be wrapped in an envelope as a package,
and shall bear a number, and be endorsed in the name of the
estate. A convenient number of packages shall be embraced in
a strong envelope, and constitute a bundle, bearing the number
of the apartment of the case containing it. A complete alpha-
betical index shall be constructed with reference to the surname
of deceased persons to whose estate the papers relate, and of the
executors and administrators ; and opposite each name in such
index shall be two columns, the one expressing the number of
the apartment where the bundle is to be found, and the other
OF SOUTH CAROLINA.
expressing the number of the package in such bundle which
contains the papers relating to the estate named in the index.
Clerk to file
Sec. 962. At each stated session of the Probate Court, theaccount of
•I/"' ...moneys re-
Clerk thereof shall present an account to said Court oi alimaining in
moneys remaining therein, or subject to the order thereof, ^ -
stating particularly on account of what cause or causes saidR. 's.' 832;
moneys are deposited, which account, and the vouchers thereof, §13. '
shall be filed in Court. ,, , . .
. , . . May admmis-
Sec. 963. The Judge of Probate, while m office, is authorized ter oaths, &c.
to administer oaths and take depositions, affidavits, and probate R. s. 833;
. 1884, XVIII.,
of deeds and other instruments, as fully and eiiectually as is 730.
done by Clerks of Courts and Notaries Public, and his fees
therefor shall be the same allowed by law to other officers for
similar services. Responsible
Sec. 964. Every Judge of Probate shall be responsible for office; to trans-
the books and papers, and also for the furniture in his office ; sor and take
and upon his retiring from office, or upon his death, he or his [
representatives shall be bound to transfer the same to his suc-r. *^'s. ' 834!
cesser immediately after such successor shall have entered upon §3^^' ' " ^°'
the duties of the office.
Before surrendering such books, papers, and furniture, the
retiring Judge of Probate, or his representatives, shall be en-
titled to require a receipt therefor from such successor. Such
receipt shall specify the number and title of every book, and
the number and description of every article of furniture, to-
gether with the order and condition of the books, papers and
furniture ; a duplicate of which receipt shall also be given, and
shall, by the retiring Judge of Probate, or his representatives,
be filed in the office of the Clerk of the Court of the County.
And every Judge of Probate retiring from office, or his repre-
sentatives, shall be liable to an action, in the name of his suc-
cessor, for damages for any books, papers or furniture proved
to have been in his possession, but not appearing by such re-
ceipt to have been transferred to his successor ; which damages,
when recovered, shall be appropriated to the replacing of such
books, papers or furniture, or to the benefit of the parties who
may have been injured by the loss thereof; and an order for
appropriating such damages shall be made by the Court before
which such action may be tried.
Sec. 965. In the Counties of Anderson and Orangeburg all
the duties appertaining to the office of Master are devolved
upon, and shall be discharged by the Probate Judge, who in
CIVIL CODE
Anderson shall receive the same fees as allowed Masters m
To discharge Oilier Counties for the discharge of such duties ; and who in
to-^'ln ^Ander- Orangeburg shall, in addition to his fees as Probate Judge, re-
r'n ^e b u?"^ ceive the following fees : For every day spent in the business
Counties. of a reference, one and one^alf dollars ; for making and filing
g 1893. XXI., each report in a cause, one and one-half dollars ; for moneys
XXI., 977. passing through his hands, by sale or otherwise, he shall be al-
A d d itionai lowed the samc commissions as are now allowed to Sheriffs for
fees for Pro-
bate Judge. said County ; for each appointment of guardian ad litem, one
dollar; for making and certifying, upon proper application to
him, any order which the Master is authorized to grant, one
dollar ; for taking, transcribing and filing any bond of guardian,
receiver or trustee, or any other injunction or ne exeat bonds,
one and one-half dollars ; for examining and auditing accounts
of guardians, receivers or trustees, fifty cents ; for granting
commissions to take testimony of witnesses or answers of absent
defendants, fifty cents ; for every deed or mortgage prepared or
executed by him, one and one-half dollars,
boi^*^ ^ itionai 'pj^g Probatc Judge in Orangeburg County shall also execute
an additional bond, in the sum of ten thousand dollars, for the
faithful discharge of his duties under this Section, to be ap-
proved in the same manner as now provided by law for the ap-
proval of official bonds.
to^'^be^^Special '^^^ Circuit Judgc wlicu presiding in Anderson and Orange-
Referee in all burg, before whom any cause may come in which a reference
'l is necessary, shall appoint the Probate Judge Special Referee,
with the powers and duties appertaining to Special Referees in
Counties where there is no Master.
ARTICLE VII.
The Master.
Sec.
966. Referees abolished in certain
Counties and oflSce of Mas-
ter established therein ; how
appointed and term of.
967. Bonds of.
968. Oaths of.
969. Within what time bond must
be completed and filed.
970. Governor to fill vacancies.
Sec.
971. Not to practice law in civil
cases.
972. Special Master ; when and
how appointed.
973. General duties of.
974. To sell lands in the County
where situate ; when.
OF SOUTH CAROLINA. 357
A. D. 1902.
Sec.
Sec.
975.
May sell in any County under
order by consent ; Master of
978
Berkeley may sell in Char-
979
leston.
980
976.
General powers of.
977.
May grant orders in partition
and dower ; when.
981
To take testimony on appli-
cation of party ; notice, &c.
Deposit of funds by.
Annual report of Court on
estates, &c.
Books of office.
Section 966. The office of Referee and the practice of f^Ofg'^X^,;^^:
referring cases to Referees, as provided in the Code of Pro- g.^^ties*:^''^^'''
cedure, shall not exist or be used in the Counties of Abbeville, cTsTTsTj^
Aiken, Barnwell, Beaufort, Berkeley, Charleston, Coheton, fggj,^ ^- xxi^.;
Dorchester, Edgefield, Greenville, Marion, Newberry, Oconee, ^'^iii| Is^. ^ '
Orangeburg, Richland, Saluda, Spartanburg, Sumter, Union
and Kershaw.
In these Counties the office of Master is established. t?r^estabiiS
In the County of Charleston there shall be two Masters, and ^'^^'ofnted, and
in each of the other Counties one Master, except in Orangeburg '^g™ °^-
in which County the duties of such office are devolved on the^^y^-^ 609.^^^'
Probate Judge. The Master shall hold his office under the ap-
pointment of the Governor, by and with the advice and consent
of the Senate. He shall hold his office for four years, and until
his successor shall be appointed and shall qualify.
The Master's term runs from date of appointment. Verner v. Seibels, 39 S. E.,
274. See Section 965, ante, as to discharge of the duties appertaining to the Mas-
ter's office in the Counties of Anderson and Orangeburg by the Probate Judge.
In the Counties of Berkeley and Dorchester the Masters shall
attend at their respective Court Houses at least twice in each
week for the transaction of business. Bonds of
Sec. 967. Before entering on the duties of his office, the Masters.
Master shall enter into bond, conditioned for the faithful dis-j^/^-g^" gar-
charge of the duties of the office, in the penal sums following, ^^^8, ^^^^-^
that is to say : Each Master in the County of Charleston, thirty fgoi-^/fe^^e^
thousand dollars ; each Master in the Counties of Aiken, Berke-
ley, Dorchester, Kershaw, Edgefield and Saluda, five thousand
dollars; and each Master in the other Counties above named,
ten thousand dollars ; such bonds to be subject to the same pro-
visions as to the number and liabilities of sureties, the approval
of the form and sufficiency thereof, and to be filed and recorded
in the same office as the bonds of the County officers, as pre-
scribed in Chapter XVI 1 1., Article I. q^^j^^ ^f
Sec. 968. Before entering upon the duties of his office he — ^ g ^g^.
shall take in writing, endorsed on his bond, the oath of office ^- S- 838; ib.
prescribed by the Constitution, and also the oaths prescribed in
Sections 582 and 583.
CIVIL CQDE
Sec. 969. The bond of the Master must be furnished, exe-
tii^bond must cuted, approvcd and filed within thirty days after notice of his
and fiied^'^''^^ appointment ; and if the said bond be not executed, approved
(^ g g :and filed within this period, the appointment shall be deemed
R. s. 838; lb. revoked.
Governor to ggc. 970. All vacaucics in the office of Master, from death,
nil vacancies.
G s 86~ resignation, removal from State, or from any cause whatsoever,
?8 o \i ^/°^ ^^^^^ ^'^ filled by the appointment of the Governor, by and with
60' '§^^'^882' ^^^ advice and consent of the Senate ; and the person appointed
XVII., 1 126. ^-Q g^^f^i^ vacancy, if his appointment be approved by the Senate,
shall hold his office 'for four years, and until his successor is ap-
pointed and shall qualify.
^.^Not ^t^o^prac- ^qq 971^ No pcrson whilst he holds the officc of Master shall
civil cases. practice or be a partner with any one engaged in the practice of
G. s. 788; i^^ [^ ^i^Q Probate Court, or the Court of Common Pleas of his
609^' §5- '^8 o' County, or in the Supreme Court, in any civil case arising in the
XI., 171, §30. County in which he holds his office.
ter^-^wifen^nd ^^^- ^'^^' ^^'^ ^^^^ °^ ^ vacancy in the office of Master, or in
how appointed, ^^^q Qf ^.j^g disability of the Master from interest or any other
R ^'s^' 843- ^^3,son, the Court or a Judge thereof may appoint a Special
J .^ '^ K '. ■^h' Master in any case, who shall as to such case be clothed with all
XIX., 89. |-i^g powers of Master.
^j^Generai du- ggg^ 973^ -p^e Master shall attend the sitting of the Court of
— zr—z Common Pleas in the hearing of any cause in which he may
G. S. 790; o J 1 /-^
R. s. 844; lb., have acted officially, shall make all such sales as the Court may
order him to make in granting equitable relief, and shall exe-
cute all proper conveyances thereof. He shall execute and per-
form all orders of the Court upon references to him conform-
ably to the practice of the Court.
As to Sales. — Tunno v. Flood, i McC, 121; Baily v. Baily, 9 Rich. Eq., 392;
Miller v. Law, 10 Rich. Eq., 320; Meng. v. Houser, 13 Rich. Eq., 210; Bulow v.
Witte, 3 S. C, 308; Dupont v. Collins, 3 S. C, 329; Ostendorff v. Brown, 15 S.
C.,'6i6; Ex Parte Knight, 28 S. C, 481; 6 S. E., 330; Alexander v. Messervey, 35
S. C., 409; 14 S. E., 854. Liability for neglect of duty. — Fenwicke v. Gibbes, 2
Dess., 629; Thompson v. Wagner, 3 Dess., 94; Somerall v. Gibbes, 4 McC, 547; Ex
Parte Creditor of Stanyarne, Harp. Eq., 20; Arthur v. Master, Harp. Eq., 47;
Ex Parte Perry, Harp. Eq., 50; Houseal v. Gibbes, Bail. Eq., 482; Spencer v.
Gibbes, Dud. Eq., 174; McCall v. Elliott, Dud., 250; Lowndes v. Pinckney, i Rich.
Eq., iss; Street v. Laurens, 5 Rich. Eq., 22y; Ex Parte Boyd, 8 Rich. Eq., 166;
Wightman v. Gray, 10 Rich. Eq., 518 McPherson v. Lynah, 14 Rich. Eq., 121;
Pickens v. Dwight, 4 S. C, 360.
. To sell lands gec. 974. Whenever the Court of Common Pleas in any
in the County
where situate; Couuty shall havc acquired jurisdiction over real estate lying m
— ^' g g . another County, it shall be lawful for the Master for the County
1884! XVIII.', iri which the action is brought to sell such real estate in the
708. °
County in which the land is situated, and all such sales hereto-
OF SOUTH CAROLINA.
fore made, otherwise valid and not appealed from, are hereby
confirmed.
Sec. 975. Whenever real estate is adjudged to be sold by a^j^^^y^^^f^'^jf.
Master, such sale may take place by consent of the parties to ^^^gg° ^'^"' ^^
the cause or their attorneys, or when infants are parties by the ^^"^ '^.
consent of the guardians ad litem of such infants or their at- ^^^s. xix., 7.
torneys, in any County which the Court may direct; and all
such sales heretofore made, and otherwise valid, are hereby con-
firmed.
Sec. 976. Each Master, within his County, in all causes pray- General pow-
ing equitable relief, shall have power to hear all motions, of"^ °^'
course, and to make orders thereon; to extend the time tOj^ %_^- l^y.
answer or demur ; to grant leave to amend pleadings and to 'g^g' -^^ y^i^
make new parties ; to appoint guardians ad litem for infants, ^°^"
and to make all orders necessary for the service by publication
of absent defendants. He shall also have power to make orders
of reference of matters of account, reserving all the equities of
the parties, and may grant all such orders of an interlocutory
character as may be necessary to prepare such causes for a
hearing on the merits. But all such orders shall be subject to
the revision of the presiding Judge at the next succeeding sit-
ting of the Court, or of the resident Circuit Judge at Cham-
bers.
As to amendments. — S. C, R. R. Co. v. Barrett, 12 S. C., 174; Mason v. John-
son, 13 S. C, 23. Power to sue. — Douthit v. Westfield, 22 S. C, 588. Limitation
of power. — Kilgore v. Hair, 19 S. C, 488; Cartee v. Spence, 24 S. C, 558; Sartor
V. Beaty, 25 S. C, 294.
Sec. 977. He shall in his County have power, upon proper ^^J^^y i^^^p^^"^
proceedings filed, to grant orders for the partition of real or ^^^gj." "^jj^^^*^
personal estate, and for the admeasurement of dower in cases q § j,^^.
where the right of partition or dower is not contested, or the '^' ^' ^'*^' '^^•
same has been ascertained by a decree of the Court. All pro-
ceedings under such orders shall be filed at the next succeeding
term of the Court for the adjudication of the presiding Judge,
until which adjudication ail equities of the parties shall be re-
served.
Sec. 978. He shall, upon the application of either party to any ^jj^^'^y ^^^ *ap-
cause or proceeding in which equitable relief is demanded, P^'rtr°"noti°ce,
&c.
pending and at issue in his County, take in writing the testi-
mony of any witness who may be produced before him by anyjj'^- 1; '^^^^l
party to the cause, ten days' notice of such application having gg^s.^g^'^^^ij-l
been given to the opposite party, such witness being subject to liy\l^^' ^^'°'
the same rights of examination, cross examination and reply,
36o CIVIL CODE
A. D. 1902.
^ i ^ and the same exceptions as to the admissibility of testimony, as
are allowed by law upon examination before the Court ; except
that in case any testimony be objected to, the Master shall re-
ceive the same subject to exceptions, reporting the exceptions
and his ruling thereon.
Power to take testimony in actions for foreclosure. Bank v. Thompson, 46 S. C,
499; 24 S. E., 332.
The deposition so taken may be read in evidence at the hear-
ing, subject to the right of either party, upon good cause shown,
to require the personal attendance and viva voce examination
of the witness at the hearing.
He shall have full power to compel the attendance of wit-
nesses before him, to administer all necessary oaths, to take af-
fidavits, and to punish for any contempt.
Deposit of Sec. 979. He shall deposit all funds in his hands in some
funds by. ^
— -;r~^ bank located at the County seat of his County ; and if there be
G. a. 794;
R. S. 850; none, then in the bank most convenient to him.
§16; ' 1 8 6 si Sec. 980. He shall annually report to the Court of Common
'°' Pleas of his County, on the first day of the Fall Term thereof,
port to Court the different estates in his hands, possession, or management,
— — '- — ^ by virtue of his office or any order or decree of the Court, set-
R. S.' i^i\ ting forth in such return the particulars and value of each
§15. ' '' ^ '' estate, together with a full account of all moneys received or
paid out by him relating to said estate respectively ; and he shall
at the same time produce to the Court the vouchers of his said
account, and all bonds, certificates of stock, and other invest-
ments, specified in his returns, producing his bank book show-
ing moneys in his hands.
Books of of- Sec. 981. He shall keep a reference book, in which he shall
— record all references held by him and the proceedings therein,
R. s. 852.''^ ' and a ledger, in which shall be kept the account of all cases in
his hands to whose credit he may receive funds ; and when he
shall cease to be Master, these books shall be deposited in the
office of the Clerk of the Court of Common Pleas of his County.
OF SOUTH CAROLINA.
ARTICLE VIII.
Magistrates — Their Courts, Powers, Duties and Salaries,
AND the Salaries of Their Constables.
Sec.
Sec.
982.
Appointment, term of office
1005.
and suspension.
1006.
983.
Vacancies, how filled.
1007.
984.
Oaths to be taken by.
1008.
985.
Jurisdiction of.
1009.
986.
Jury trials before Magis-
1010.
trates.
1011.
987.
How juries are drawn.
1012.
988.
Penalties on delinquent
jurors.
1013.
989.
May punish for contempt.
1014.
990.
May administer oaths and
1015.
take renunciation of dower.
1016.
991.
May take testimony on appli-
1017.
cation of party.
1018.
992.
May take testimony de hene
1019.
esse.
1020.
993.
Dockets to be kept ; disposi-
1021.
tion of.
1022.
994.
To receive salaries in lieu of
1023.
fees in criminal cases.
1024.
995.
Accounts to be audited by
1025.
County Commissioners.
1026.
996.
To itemize costs, when so de-
1027.
manded.
1028.
997.
When to return papers to the
1029.
Court of Sessions.
1030.
998.
Cannot act as attorney in
1031.
cases which may have been
1032.
before them.
1033.
999.
Fines and Penalties, how dis-
1034.
posed of.
1035.
1000.
Monthly reports of moneys
1036.
collected to Auditor.
1037.
1001.
Dockets to be submitted to
1038.
County Commissioners.
1039.
1002
Fees on rules against Con-
1040.
stables.
1041.
1003
Regulations as to books dis-
1042.
tributed among Magis-
1043.
trates ; special provision
1044.
for each County.
1045.
1004
Abbeville County.
Aiken County.
Anderson County.
Bamberg County.
Barnwell County.
Beaufort County.
Berkeley County.
Charleston County.
Charleston County, special
provision.
Cherokee County.
Chester County.
Chesterfield County.
Clarendon County.
Colleton County.
Darlington County.
Dorchester County.
Edgefield County.
Fairfield County.
Florence County.
Georgetown County.
Greenville County.
Greenwood County.
Hampton County.
Horry County.
Kershaw County.
Lancaster County.
Laurens County.
Lexington County.
Marion County.
Marlboro County.
Newberry County.
Oconee County.
Orangeburg County.
Pickens County.
Richland County.
Saluda County.
Spartanburg County.
Sumter County.
Union County.
Williamsburg County.
York County.
. Service of process in certain
Counties regulated.
Under the Constitution Art. s. Sec. 23, a magistrate's jurisdiction is confined to
the County for which he is appointed. Dill v. Durham, 56 S. C, 423; 35 S. E. 3.
Section 982. The Governor shall have authority, by and with ^^ ^J^^^poin-
the advice and consent of the Senate, to appoint Magistrates in qq^^j.^^^. '^^
each County of the State, who shall hold their office for the—-— ^xil,
term of two years, and until their successors are appointed and -^^z.
qualified. The number of Magistrates to be appointed for
each County and their territorial jurisdiction shall be the same
CIVIL CODE
as heretofore prescribed by law for Magistrates in the respec-
tive Counties of the State, except as hereinafter otherwise pro-
m a^y ^suspend vidcd. Such Magistrates may be suspended by the Governor
fo/misconduct ^°^ incapacity, misconduct or neglect of duty ; and the Governor
shall report any suspension, with the cause thereof, to the Sen-
ate at its next session, for its approval or disapproval.
how fifkd"*^^' ^®^' ^^^' ^^^ Governor shall have authority, by and with
7^~ the advice and consent of the Senate, to fill any vacancy caused
by death, removal or otherwise of any Magistrate for the un-
expired term.
fic^^**^^ °^ °^' ^^^' ^^^- Before entering upon the discharge of the duties
7^^ of his office, each Magistrate must take, in writing, the oath of
office prescribed in the Constitution, and also thfe oaths pre-
scribed in Sections 582 and 583 before the Clerk of the Court of
Common Pleas of the County, or, in case there be no such Clerk,
before any one authorized to administer an oath, and must file
the same with the Secretary of State.
J Jurisdiction gcc. 985. The civil jurisdiction of a Magistrate shall be the
j: same as that heretofore exercised by Trial Justices. They shall
- have exclusive jurisdiction in all criminal cases in which the
punishment does not exceed a fine of one hundred dollars or
imprisonment for thirty days, except in cases of riot, assault
and battery, and larceny, and the carrying of concealed weapons
coupled with an offense in which such weapon is used. In
criminal matters beyond their jurisdiction to try, they shall sit
as examining Courts, and commit, discharge and (except in
capital cases) recognize persons charged with such offenses.
Magistrates shall have concurrent 'jurisdiction only with the
Court of General Sessions in cases of riot, assault and battery
and larceny. In Counties where they are given separate and
exclusive territorial jurisdiction, criminal cases shall be tried in
the district where the offense was committed, unless the place
of trial be changed to another district in the same County in
Parties en- the manner prescribed by law.
by^ury.^ "^ Scc. 986. Either party to suit bcforc a Magistrate shall bc cu-
G. s. 841; titled to a trial by jury.
R S 884. •
1868, XIV.', Jury may be empanelled on demand of prosecutrix, against the protest of de-
100, §5. fendant. State v. Nash, 51 S. C, 319; 28 S. E., 946.
ag^l'^^upoJT^a ^^^' ^^^- ^^ ci'^i^ cases the parties may agree on a jury; but
cases- 'how'^'ju- ^^^" ^^^^^ ^° "°^ agree, and also in criminal causes, a jury
ries are drawn, g]^^]] j^g selected in the following manner : The Sheriff, Con-
R s' S85 -^ib' Stable, or other officer appointed by the Magistrate, shall write
§6. ■ ' ■'
OF SOUTH CAROLINA. 363
■ A. D. 1902.
and fold up eighteen ballots, each containing the name of a re- ^-"-v-**-^
spectable voter of the vicinity ; he shall deliver the ballots to the
Magistrate, who shall put them into a box, and shake them to-
gether, and the officer shall draw out one, and the person so
drawn shall be one of the jury, unless challenged by either
party; and the officer shall thus proceed until he shall have
drawn six who shall not have been challenged; neither party
being allowed more than six challenges ; but if the first twelve
drawn shall be challenged, and the parties do not agree to a
choice, the last six shall be the jury; and when any of the six
jurors so drawn cannot be had, or are disqualified by law to act
in such case, and the parties do not supply the vacancy by agree-
ment, the officer shall proceed to prepare, in the manner before
directed, ballots for three times the number thus deficient, which
shall be disposed of and drawn as above provided.
Sec. 988. If any iuror so summoned shall neglect or refuse , Penalty on
. -^ . ° . . delinquent ju-
to appear in obedience to such venire, and shall not, within rors.
forty-eight hours, render to the Magistrate who issued the G. S. 843;
R. S- 886 J
venire a sufficient reason for his delinquency, he shall forfeit 1868, xiv.,
and pay a fine of two dollars to the treasury of the County
where the cause is tried, to be assessed by such Magistrate and
collected on his warrant, without other process.
Sec. 989. Every Magistrate shall have power to enforce the May punish
observance of decorum in his Court while holding the same; '-
and for that purpose he is authorized to punish any person whoR. s. ' 887;
shall, in the presence of the Court, offer an insult to himself or §16. '
a juror, or who shall be willfully guilty of an undue disturbance
of his proceedings while sitting officially, as for a contempt, by
fine and imprisonment, either or both, not exceeding twenty
dollars' fine and twelve hours' imprisonment.
Sec. 990. Every Magistrate shall have power to administer May admin-
1 1-1 -111 11 , , • ist^'' oaths and
any oath authorized or required by law to be taken and not di-take i-enunda-
1 1 1 • • 11 1 1 • tions of dower
rected to be administered by another authority; and any oath
so administered shall, to all intents and purposes, be binding R. 's. '889;
1 rr 1-1 TT 1 , . . , , ^1839, XL, 30,
and etiectual m law. He may also take renunciation of dower. §20.
State V. Byrd, 28 S. C, 18; 4 S. E., 793.
Sec. 991. Any Magistrate, on the application of any party to ^^^^^^y ^ t a k e
a cause depending before him, shall have power, and is required, application of
to issue a summons citing any person whose testimony may be — -— g g g.
required in such cause to appear before him at a certain time ^- S. 890; ib.
1 29, §19-
and place, not more than twenty miles from the resi-
dence of such witness, to give evidence, which sum-
CIVIL CODE
mons shall be served personally at least one day before such at-
tendance is required. If such person shall neglect or refuse to
attend, the Magistrate shall have power to issue a rule com-
manding such witness to be brought before him ; or if any wit-
ness attending shall refuse to give evidence, without good cause
shown, the Magistrate may commit him to the jail of the Coun-
ty, as for a contempt, not longer than one day, as well as fine
him in an amount not exceeding ten dollars; the cost of such
rule, commitment, and detention in custody, as well as the fine
so imposed, may be levied of the goods and chattels of such
recusant witness, on the order of such Magistrate, directed to
any Constable of the County, as in cases of execution.
May take ggg^ 902. In casc it shall appear, to the satisfaction of any
testimony de . .
bene esse. Magistrate, that the attendance of any witness, whose testimony
G. s. 8 49; niay be required in any case before him, cannot be had by reason
R. S. 891; lb., ^ ~i J •Till
1883, xviiL, Qf extreme age, sickness or infirmity, or of indispensable ab-
sence on public official duty, or in consequence of intended re-
moval from the State before the cause can be otherwise ready
for trial, or where such witness may be resident in another
County, or without the limits of the State, it shall be lawful for
him to take the examination of such witness in writing, or cause
the same to be done by another Magistrate, or other officer au-
thorized by law to administer oaths, to be used in evidence on
the trial of the case : Provided, That the parties to such cause
shall have notice thereof in time to be present if they or either
should choose to be present, or notice by either party to the
other of interrogatories to be propounded to such witness, with
"four" days' time given the party notified to prepare cross-in-
terrogatories, upon which said interrogatories and cross-inter-
rogatories, when preferred by the parties, or either of them, the
deposition shall be had. When such examination is so made by
another, it shall be sealed up, with the title of the case endorsed,
and conveyed by a disinterested person to the Magistrate au-
thorizing the same, or mailed and the postage prepaid.
May authorize testimony taken before a foreign Notary Public and certified
under his official seal. Greene v. Talley, 39 S. C., 338; 17 S. E., 779.
ke?t°°bJ/°aJd Sec. 993. Each Magistrate shall keep two books, the one for
how disposed ^.^.^^ ^^g ^^j^^j. £^j. (.j-jj^inal cases, wherein he shall insert all his
G. s. 852; proceedings in each case by its title, showing the commence-
^2,^§s^f''i8?9; ment, progress and termination thereof, as well as all fees
XVII., 49. charged or received by him, and shall produce the same, when
required, for the inspection of the Solicitor of the Circuit,
OF SOUTH CAROLINA.
Whenever any Magistrate shall die, resign, be removed, or go
out of office, his books of office, with all records relating thereto
in civil cases which have not been settled, shall be turned over
to his successor or to some Magistrate in the same County,
who shall be authorized and required to proceed thereon the
same as if he had tried such cases and issued the papers thereon
himself.
Etters V. Etters, ii Rich., 413; Cherry v. McCants, 7 S. C, 224; Barron v. Dent,
17 S. C, 79; Caulfield v. Charleston, 19 S. C, 601. His books the best evidence
of proceedings before him. State v. Rice, 49 S. C, 418; 27 S. E., 452.
Sec. 994. The Magistrates now in office, or hereafter to be ^^fJ^fH in'^ijeu
appointed, shall receive annual salaries in lieu of all fees and "riJfnli *"asel!
costs in criminal cases or proceedings, payable quarterly by the ^g xxii..
County Treasurer upon the warrant of the County Supervisors 473-
against any County funds available for that purpose.
Sec. 995. The County Commissioners of the several Counties to^be°"audit°ed
of this State, in auditing the accounts of Magistrates, shall re- ^^ ^^^j^^'J^^J^.y
quire them to exhibit with the bill of costs all the original papers — - — ^ ^77:
in each case in which said costs have accrued, and no bill of ^„- ^- ^-Pr^''
1875, A V . ,
costs against any County in this State shall be allowed by any^^s.
Board of County Commissioners unless accompanied by the
original papers in each case mentioned in the bill or account.
The County Commissioners, after examining the original pa-
pers of any Magistrate, shall return them to him without delay.
Sec. 996. It shall be the right of any person, before paying ^^ ^^'j*^ "^^^^fg
any costs in any Magistrate's Court, to demand from said Mag- j^^^^ demand
istrate an itemized account of such costs; said account shall be q g g^
receipted by the said Magistrate at the time said costs are paid,g^g^- ^^4; ib.,
and no person shall be compelled to pay any costs in any Magis-
trate's Court unless the Magistrate shall furnish to such person
an itemized account.
Sec. 997. All papers pertaining to the Court of Sessions shall pa^rl* ^^^f^o r
be returned by each Magistrate to the Clerk at least ten days ^i°^g*\e°^j^jfys
before the ensuing term of said Court, except such as may have ^'g^J^ ° '' ^ *^^
been issued or received by him subsequent to that time, which ^^^ ^^
shall be returned on the first day of the term, under the penalties ^^' ^''•
in the following Section prescribed ; and every such paper shall
be of a size not less than half a sheet of foolscap, folded in the
manner that writs are when issued, and shall be endorsed
legibly with the title of the case, nature of the offence, kind of
proceeding, and the Magistrate's name.
Sec. 998. It shall be unlawful for any Magistrate to appear
as attorney at law in any of the Courts of this State in any ac-
CIVIL CODE
tion which may have been before him in his official capacity as
pea?°asVo?: such Magistrate,
o ri'c e" before ^"^ Magistrate who violates the provisions of this Section
'^™- shall forfeit his office.
1883," xvitl' ^^^- ^^^- ^^1 fi"^s and penalties imposed and collected by
698.' ^^°°'^^' Magistrates in criminal cases must be forthwith turned over by
Fines and^^^"^ ^° ^^^ Couuty Treasurers of their respective Counties for
dfs"posed '0/'°"' County purposes. But when, by law, any person is entitled, as
G S. 857; informer, to any portion of such fine or penalty, the same shall
fs 7^, XIV.; ^^ immediately paid over to him.
^55. §1- Sec. 1000. Every Magistrate shall, on the first Wednesday in
pom'"*?'mo'^^- ^^ch month, or within ten days thereafter, make, in writing, to
to whom mlde,' ^^^ Auditor and Treasurer of his County, a full and accurate
^ statement of all moneys collected by him on account of fines,
R. ^'s.^' |°7: penalties or forfeitures during the past month, together with
753^' ■^ ^ ^'' ^^^ ^i^^^ o^ ^^ch case where a fine has been paid, and the County
1901, XXIII, Treasurers are required to keep a record of the title of each case
7-*^- in which the fine has been paid, the nature of the offense for
which the fine was imposed and the amount thereof.
to^bmuSd? Sec. 1001. All Magistrates are hereby required to submit
CountV^ Board ^^^^^ dockcts quarterly to the County Board of Commissioners
sioners^'"""'^' ^^ ^^^^^ regular quarterly meetings, and said boards, respec-
— ^^^^y-^5^— tively, shall make reports annually, prior to the fall term of
7S0- court, to the foreman of the grand jury as to said dockets, and
Not required ^"^ irrcgularitics shown thereby,
othe^^vlport's^ Magistrates shall not hereafter be required to make reports
^^- or file transcripts of their dockets in any manner and at any
other time herein prescribed, any law to the contrary notwith-
standing,
rui^r again°st ^^^- ^002. Magistrates shall be entitled to the same fees for
Constables. issuing rulcs against Constables, and hearing the return thereto,
R. ^'s.^' 898- ^^ ^^^y ^^^ allowed by law for issuing a summons in civil cases.
1846, XI, 361; Sec. 1003. The Clerks of the Courts of the respective Coun-
Reguiations ^^^^ ^^^^^ ^^^^'^ ^^'^^P ^ ^°°^ ^" which shall be entered all books
d^sfributeP^^''^ them for distribution among the Magistrates of their re-
trates^ ^^^'^' spective Counties, in which book shall also be written the re-
G. s. 862; ^^^P^ ^^ Magistrate to whom delivered, to be cancelled upon re-
?882,^'xvii' ^"^" of such books, by writing across the same "books re-
87^,'§i. 'turned;" and upon the expiration of the term of office of any
Magistrate, it shall be his duty to return to the Clerk of the
Court of his County, within thirty days, all books received by
OF SOUTH CAROLINA.
him from said Clerk, in g-ood condition, and have his receipt
cancelled, as above provided.
Special Provisions for Counties — Salaries of Magistrates
and their constables.
Sec. 1004. Abbeville County— There shall be appointed fori^ ^^^iiSil
Abbeville County, one Magistrate at Abbeville Court House c°""ty-
who shall receive an annual salary of one hundred and fifty dol- g s'?^^i s^^'',
lars and he shall have the right to appoint a Constable to serve fggg^'xxnf.',
all civil processes issued by said Magistrate, but no criminal xxiii.,' 679.^ '
process, unless deputized by the Sheriff. There shall also be
appointed a Magistrate at Lowndesville who shall receive a
salary of seventy-five dollars per annum, and who shall have
the right to appoint a Constable who shall receive a salary of
sixty dollars per annum. There shall also be appointed one for
each of the following places, viz : Calhoun Falls, Due West,
Donald's, Lebanon and J\It. Carmel, who shall each receive a
salary of fifty dollars per annum, and shall each have the right
to appoint a Constable who shall each receive a like salary.
There shall also be appointed one each at Calvert's and Antre-
ville who shall each receive a salary of sixty dollars per year
and who shall each be allowed to appoint a Constable with a
salary of fifty dollars each. There shall also be appointed a
Magistrate at McCormick who shall receive an annual salary of
one hundred dollars, and who shall have the right to appoint a
Constable with a like salary. There shall also be appointed a
Magistrate each for Hampton, Rock Springs and Bradley's
Mill who shall each receive a salary of forty dollars per annum
and shall each have the right to appoint a Constable with the
same salary as they receive.
Under the provision that the Governor shall appoint one magistrate at each of
the places named, a commission stating that a party at a place named is appointed
magistrate for the County is sufficient. Bell v. Pruitt, 51 S. C, 344; 29 S. E. 6.
"Abbeville" used interchangeably with "Abbeville Court House." Wideman v.
Pruitt, 52 S. C, 84; 29 S. E., 405.
The Sheriff of the County is hereby authorized and required, Sheriff t o
serve process.
either in person or by his deputy, to serve and execute all pro-
cess issued by the Magistrates at Abbeville, and he shall re- 86.
ceive therefor the same fees as are now, or hereafter may be,
allowed by law for such services.
The special provisions as to payment of salaries and costs, and reports of Magis-
trates, contained in the Act of 1888, XX., 86, sub-divisions g and h, are covered by
Sections 999 and 1,000, ante.
XX.,
368 CIVIL CODE
A. D. 1902.
^"-"v^-*-^ Sec. 1005. Aiken County — There shall be Magistrates ap-
in Aiken Co?^ pointed for Aiken County whose jurisdiction shall extend over
1882, xviii., the entire County with salaries as follows : First District, one,
472; i'ssp.'xx; Aiken, Clearwater, Upper Millbrook, salary five hundred dol-
xxiii.^ ^?5 ;' lars; Second District, one, Ellenton, fifty dollars; Third Dis-
1901, .. °- trict, one Windsor and White Ponds, seventy-five dollars;
Fourth District, one Sally and Perry, fifty dollars; Fifth Dis-
trict, one Wagner, fifty dollars ; Sixth District, one, Beulah and
Seivern, fifty dollars ; Seventh District, one. Ward's and Shaw,
fifty dollars ; Eighth District, one Chinquepin and McTier, fifty
dollars ; Ninth District, one, Vaucluse, seventy-five dollars ;
Tenth District, one Graniteville and Warrenville, one hundred
and fifty dollars ; Eleventh District, one Langley and Bath, two
hundred dollars ; Twelfth District, one Schultz, seventy-five dol-
lars ; Thirteenth District, Hammond, one, seventy-five dollars ;
Fourteenth District, one Lower Millbrook and Sleepy Hollow,
fifty dollars ; Fifteenth District, one Silverton, seventy-five
dollars,
in ■^Anf/rso^n ^^^- ^^^^' Anderson County— Twenty Magistrates shall be
Qmnty. appointed for the County of Anderson, of whom two shall re-
2^^.~\^Ym'' side in the city of Anderson, one in Broadway Township, one at
520; i889,xx, Pelzer, one at Piedmont, one at Belton and the others shall be
300; 1090, 10., ' '
xxiii ' ^ ^3° •' distributed over the County as may best subserve the public
1901, xxiii., welfare. The two residing in said citv of Anderson shall each
680. o
receive an annual salary of one hundred and fifty dollars ; the
Magistrate at Pelzer, one hundred and twenty-five dollars ; the
Magistrate at Belton seventy-five dollars, and all others in the
County each fifty dollars. If any such Magistrate shall neglect
the duties of his office, or shall fail to pay over to the County
Treasurer the fees, costs and fines collected by him, he shall
be liable to indictment in the Court of Sessions, and upon con-
viction shall be punished as if guilty of larceny to the amount
not so paid over, and shall be removed from office. All blanks
required in the prosecution of criminal cases shall be furnished
by the County Commissioners upon the requisition of the sev-
eral Magistrates, as they may be required in the performance
of the duties of their office.
for^Tam'berl ^®^- ^^^'^ ' Bamberg County— Six Magistrates shall be ap-
^°""^y- pointed for the County of Bamberg, one each for the towns of
^y^^l's^'^jl" Bamberg and Denmark, one for Govan, one for Olar, one for
xxiii ' ^f f*- Ehrhardts and one for Fish Pond Township. Said Magistrates
1901, lb., 677. jf^^y g^(,j^ appoint a Constable. They shall keep their offices at
OF SOUTH CAROLINA. 369
~~' A. D. 1902.
the places respectively for which they are commissioned, and ^-^v — '
shall keep the same open from day to day for the transaction of
business. The Magistrates for Bamberg County and their Con-
stables shall receive annual salaries from the County, payable
quarterly, upon the orders of the County Board of Commission-
ers, as compensation for their services, in lieu of all costs and
fees in criminal cases and services rendered the County, and be-
fore any Magistrate shall be entitled to the compensation herein
provided he shall, at the end of each month, make a statement,
under oath, and file the same with the Clerk of the Court of
Common Pleas, showing the number of warrants issued by
him, giving the names of the party and offense charged, show-
ing the disposition of the case, if tried, whether convicted or
acquitted, and if convicted, the sentence of the Court; and fur-
ther declare, under oath, as follows : "I, , Magis-
trate for the County of Bamberg, do solemnly swear that since
the receipt of my commission as Magistrate, bearing date
day of , 1901, I have not compromised any case
brought before me except the State vs (Stating
the nature of the compromise), and that I have deposited all
the costs and fines, etc., received with the County Treasurer of
Bamberg County. So help me God." Anyone swearing falsely
shall, upon conviction, be punished as for perjury. The salary
of the Magistrates for Bamberg and Denmark shall be each
two hundred dollars, and their Constables each one hundred and
fifty dollars ; the Magistrates for Olar and Govan each thirty-
five dollars ; and their Constables each thirty-five dollars ; the
Magistrates for Ehrhardts and Fish Pond Townships each
one hundred and ten dollars, and their Constables each one
hundred and ten dollars. Said salaries shall be in lieu
of all costs and fees in criminal cases, and in full for any and
all work which they do in holding inquests or while acting as
Coroner; and each of said Magistrates shall in case of the fail-
ure or inability of the Coroner to attend and hold an inquest,
act as Coroner; and the salaries herein provided for Magis-
trates' Constables shall be in full of all work done for the
County, or in criminal cases, or in empanelling juries for the
Coroner or any Magistrate acting as Coroner, and it shall be
the duty of the Magistrates, on request of the ten reputable citi-
zens of the neighborhood, to hold an inquest in the absence of
the Coroner, and it shall be the duty of the Magistrates for Bam-
berg to sentence all persons — male or female— convicted of any
24. — C
370 CIVIL CODE
A. D. 1902.
'^ --' offense, as provided by law, to hard labor on the public works ;
such work to be performed at such place as the County Super-
visor may direct ; and the Constables are hereby required to
transport and deliver all prisoners convicted and sentenced te
hard work to the County chain-gang, unless otherwise directed
by the County Supervisor ; and said Constables shall be allowed
five cents mileage, one way, for the nearest route for each pris-
oner so transported and delivered to said County chain-gang.
Constables in Bamberg held not entitled to fees for conveying prisoners from a
magistrate's court to the County jail. Hightower v. Bamberg County, 54 S. C,
576; 32 S. E., 576.
in ^BTr'nweH ^^^- ^^08. Bamwcll County— There shall be eight Magis-
^°""^y- trates appointed in Barnwell County, with locations and sal-
1900, xxni. ^j-jgg ^g follows: One Magistrate each at Barnwell, Blackville
331 ; 1901, 10., o '
806; 1899, XX, 2in(i Williston, at a salary of two hundred and fifty dollars each ;
one Magistrate at Allendale at a salary of two hundred dollars ;
one Magistrate each at Four Mile, Red Oak and Ulmers, at a
salary of one hundred dollars each, and a Magistrate at Kline,
whose salary shall be sixty dollars. Each of these
Magistrates shall have a Constable who shall receive the
following salaries : At Barnwell and Blackville, two hun-
dred and eighty-five dollars each ; Allendale, one hundred
and eighty-five dollars ; Williston, one hundred and fifty
dollars; Ulmers and Four Mile, one hundred and fifteen
dollars each ; Red Oak, one hundred dollars, and at Kline,
seventy dollars. The Magistrate at Allendale shall hold
his court at Fairfax one day in each week when the business of
the Court requires it. And the Magistrate at Red Oak shall
hold his court at or near W. W. Armstrong's store in Baldock
Township one day in each week when the business of the Court
Mileage t o requires it. Said Constables shall be entitled, in addition to
their salaries, to the mileage which is now, or hereafter may be,
allowed for conveying prisoners to jail under commitment.
Magistrates Scc. 1009. Bcaufort Couuty — Eight Magistrates shall be ap-
County? ^" ""^ pointed in Beaufort County with the following salaries :
1901, XXIII, one at Beaufort, seven hundred dollars, one for St.
. Helena Township three hundred dollars, one for Yemas-
see Township two hundred and fifty dollars, one at
Port Royal two hundred and fifty dollars ; one each for Sheldon,
Coosawhatchie, Bluffton and Hilton Head Townships each two
hundred dollars ; each of the said Magistrates may appoint one
Constable, at the following salaries to be paid by the County:
for Beaufort, two hundred and fifty dollars ; for Bluffton Town-
OF SOUTH CAROLINA. 371
A. D. 1902.
ship the Constables shall reside in the town of Bluffton and "^-^v '
shall receive an annual salary of two hundred dollars ; for Ye-
massee and St. Helena Township each one hundred and twenty-
five dollars ; for Hilton Head Township, seventy-five dollars
and the Constables for the other places one hundred dollars
each. Said Constables also to receive five cents a mile of neces-
sary travel in the performance of their duties when the same can
be collected from the defendants. That the jurisdiction of the
Magistrates now or hereafter appointed for the County of Beau-
fort, resident at or near Hardeeville be and hereby is extended
over the territory of Hampton County to the limits of five miles
in each and every direction from the Charleston and Savannah
Railway depot in said village of Hardeeville in criminal cases :
Provided, He shall only have jurisdiction to issue warrants for,
and arrest persons charged with crime in Hampton County, and
deliver them to the authorities of Hampton County for trial.
All persons arrested charged with any offense against the j?J?^^j.°^^p^_'
laws of this State in the County of Beaufort shall be carried be- '"^"^'o^' , '^■■™i-
•^ nal trials.
fore the Magistrate nearest the place where the offense was
committed for trial or preliminary examination, as the case
may be, and all civil actions in said Courts shall be tried in the of dvifactklns^
township in which the defendant resides, subject to the right — ^^ — ^^
of removal as provided by law. ^'3-
All civil actions before Magistrates in Beaufort County must be tried in the
township where the defendant resides. Jones v. Brown, 57 S. C. 14; 35 S. E., 397.
Sec. 1010. Berkeley County— There shall be eleven Magis-i„ ^sTrkeiey
trates in Berkeley County, and no more, wjio shall be distributed ^"""^y-
as follows : four in the Parish of St. James Goose Creek, of 68i?'' ^"^^^ '
whom one shall reside in the upper portion of said Parish, one
in the neighborhood of Cooper's Store, one in the neighborhood
of Cam's Cross Roads and the other at or near Ten Mile Hill ;
three in the Parish of St. Johns Berkeley, of whom one shall re-
side in the upper portion of the said Parish, one in the neighbor-
hood of the Court House, and the other at or near Oakley ; two
in the Parish of St. Stephens, of whom one shall reside at or
near the town of St. Stephens, and the other at or near Rigby's
Mill; one in the Parish of St. James Santee, and one in the
Parish of St. Thomas and St. Dennis. The said Magistrates
shall each receive a salary of one hundred dollars per annum, in
lieu of all costs or fees in criminal matters, and they shall each
have the power to appoint one regular Constable, who shall re-
ceive the same compensation as the Magistrate.
372 CIVIL CODE
A. D. 1902.
^""""^^^^ Sec. 1011. Charleston County — There shall be for the city of
Charleston Charleston three Magistrates, one of whom shall be known as a
County. o '
i88 XVIII Judicial Alagistrate, and two as Ministerial IMagistrates. The
xK -25^ \l Judicial Magistrate shall have jurisdiction to hear and deter-
1882' XVIII '"^^'^^ ^^^ cases properly brought before him, but cannot prac-
^oh ^^4-'t x^' tice in the Magistrates' Courts. The Ministerial IMagistrates
1887, X I X., & o
xxi 1^0^^' ™^y bring all actions and prepare all cases triable in the Magis-
trates' Courts, but cannot hear and determine any cases what-
ever excepting when acting as Judicial Magistrate in cases
hereinafter provided.
The courts take judicial notice whether a magistrate issuing a warrant is a ju-
dicial or ministerial magistrate, and if ministerial that he has no authority to try
the case. Whaley v. Lawton, 57 S. C, 262; 35 S. E., 558.
The Magistrates of the city of Charleston shall each enter
into a bond to the State, with sureties in the sum of one thous-
and dollars, and shall receive, as full compensation for all claims
against the County whatever, the following salary each: The
Judicial Magistrate at the rate of nine hundred dollars per an-
num, and each Ministerial Magistrate at the rate of six hundred
dollars per annum, said salary to be paid, on orders or warrants
of the County Board of Commissioners, by the County Treas-
urer. The Recorder of the city of Charleston is hereby clothed
with all the powers, duties and jurisdiction of a Judicial Magis-
trate, except that he shall not receive any additional compensa-
tion, and shall not have the authority of a Alagistrate to appoint
a Constable.
1899, XXIII, In case of the disability, inability from any cause, absence
from the State, death or resignation of the Judicial Magistrate,
his place shall be filled until such disability or inability has been
removed, or until the return of said Magistrate, or until his
successor has been appointed and qualified, by the Recorder of
the city of Charleston ; and in case of the disability, inability or
absence from the State of both the said Judicial Magistrate and
Recorder, then the Governor shall appoint some person learned
in the law to temporarily fill the place, such person to serve
without compensation, unless compensated by said Judicial
Magistrate and Recorder.
1901, xxiii, In the absence of the Recorder of the City of Charleston
682. . -^
owing to sickness or other unavoidable cause, the Police Court
of said City shall be held by the Judicial Alagistrate of said
City and only in case of the absence of said Judicial Magistrate
owing to sickness or other unavoidable cause shall such Police
Court be held by one of the other Magistrates of said County
OF SOUTH CAROLINA.
to be designated by the Mayor of said City or by one of the Al-
dermen thereof designated by said Mayor.
The Magistrates of the County of Charleston outside of the 1899, xxiii,
city of Charleston shall be located as follows : One on Edisto
Island, one on Wadmalaw Island, one on John's Island, one on
James Island, one on Sullivan's Island, one in the Parish of
St. Andrew, one at the town of Mt. Pleasant, one at Owendaw
Bridge, on Owendaw Creek, which divides the Parish of St.
James Santee from Christ Church Parish, and one at McClel-
lanville; and they shall have jurisdiction as Magistrates and
Deputy Coroners over any and every part of said County out-
side of the said city.
And there shall also be a Magistrate at or near Ten Mile Hill,
in and for the said County of Charleston, whose jurisdiction
shall be limited to the territory bounded on the north by the line
dividing the County of Berkeley from the County of Charleston,
and on the east by the Cooper River, and on the south by the
northern line of the city of Charleston, and on the west by the
Ashley River. Each of said Magistrates outside of the city of
Charleston shall receive a salary of one hundred and fifty dol-
lars per annum.
There shall also be one Magistrate for that part of said 1899, xxiii,
County embraced between the Cooper River on the east and
Line Street, in said city, on the south, and Ashley River, on the
west, and the northern line of said County, running from the
Ashley River to the mouth of Goose Creek, where it enters into
the Cooper River; his jurisdiction shall be limited to his part
of said County embraced as aforesaid. He shall have the same
duties and powers as the Ministerial Magistrates in said city,
and he shall return his cases to and try them in the Magistrates'
Courts in the said city of Charleston, and shall be a part of the
system of said Magistrates' Courts. He shall enter into a bond
with the State (with sureties) in the sum of one thousand dol-
lars, as is required of the Magistrates of the said City of
Charleston, and he shall receive as full compensation for all
claims whatever against the County, a salary of five hundred
dollars per annum.
Each Magistrate in said County is authorized to appoint one 1833^ xxi.,
Constable to perform such duties as are now by law provided, ^^°-
and to employ an extra Constable, if any of them deem it ne-
cessary, for the collection of delinquent poll taxes. Said Con-
stable shall be allowed for his services the sum of twenty-five
CIVIL CODE
S2S
cents for each poll collected, which sum shall be charged against
the delinquent in the same manner as Treasurers' costs and pen-
alties are charged.
1886, XIX., 'pj-^g Constables appointed outside of the city of Charleston
shall each receive out of the funds of the said County a salary
of one hundred dollars per annum, except the Constable ap-
pointed by the Magistrate of the Parish of St. Philip's, outside
of said city, who shall receive a salary of three hundred dollars
per annum. The Constables appointed for the city of Charles-
ton shall each receive a salary of three hundred dollars out of
the funds of said County.
Courts i n Scc. 1012. Courts of Magistrates shall be held in the city of
leston; special Charleston by one at least of the Judicial Magistrates on every
— - — 7-^ day of the week, except Monday, Saturday, Sunday, and public
R. 's. " 888; holidays, and may be held on any secular day. The place of
17;' 188 4',' holding such Court shall be provided by the County Commis-
§2. " ' sioners of Charleston County.
A. The said Courts shall have exclusive jurisdiction of all
XVIII., 91, §4 cases properly triable before Magistrates in which the defend-
ant or a majority of the defendants shall reside within said city,
or within the late Parish of St. Philip's outside of said city and
north of Line Street. And they shall not have jurisdiction of
any such cause when the defendant or a majority of the defend-
ants shall not reside within said city or said Parish, unless the
non-resident defendant or defendants consent thereto in writ-
ing : Provided, That nothing herein contained shall apply when
the defendant or defendants are non-residents in this State.
1879, XVII., B. All cases of landlord and tenant, and all cases respecting
the unlawful holding of lands, tenements, or hereditaments,
arising in said city, which under the laws of this State may be
heard and determined by a Magistrate or Magistrates, shall be
heard and determined in the said Court only.
C. All summons and other process for the Courts of Magis-
684, § 2. '' trates in civil cases shall be issued exclusively by one of the
17
lb., h-
Ministerial Magistrates.
D. Any party in any cause in said Court, civil or criminal,
shall be entitled to a jury, if he demand one previous to the
trial, to be drawn by the presiding Magistrate, and in the mode
now provided by law as governing the drawing of juries in
Magistrates' Courts.
lb., u. E. In all cases in which the State is a party, the trial before
the Magistrate Court shall be conducted and the State be rep-
OF SOUTH CAROLINA. 375
— — A. D. 1902.
resented by a Ministerial Magistrate unless the Solicitor of "^ '^
the Circuit be in charge thereof.
F. It shall be the duty of the Judicial Magistrate, on the first '*•
day of each term of the Court of General Sessions of Charles-
ton County, to report in writing, under their hands and seals,
to the presiding Judge of said Court :
First. The number of Ministerial Magistrates in the said city
of Charleston.
Second. The number of cases, civil and criminal, brought by
each of them in their Courts.
Third. The number of days on which, during said interval,
the Court has had its session.
Fourth. The amounts of fines imposed in said Courts and the
names of the persons fined.
Fifth. The number and the names of the cases on which the
docket fee has been imposed and those in which it has been paid.
G. The said Courts of Magistrates shall have full power and
authority to punish for contempt committed during the session
thereof, and if in the presence of said Court, and for such con-
tempt, to impose punishment by fine not exceeding twenty dol-
lars, and imprisonment not exceeding twenty-four hours, either
or both.
H. Appeals shall be from the said Courts of Magistrates in all 187S, xvi.
cases now allowed by law for appeal from the ordinary Magis-
trates' Courts, to be prosecuted in the same manner and under
the same regulations as therein prescribed.
/. All judgments in the said Court shall be entered as follows : ib., 685.
The Clerk of said Court shall make up a judgment roll, con-
sisting in each case of the warrant or summons and finding of
the Court, and shall enter the same in a book kept by him for
that purpose, specifying the name of the plaintiff, the name of
the defendant, the amount of the fine or verdict and the amount
of the costs, with the date of the entry; said judgment roll to
be made up and entered within twenty-four hours after the ver-
dict is found, and shall be signed by the presiding Magistrate.
For his services in entering up such judgment, except in State
cases, he shall be entitled to demand and receive from the party
entering up the same the sum of twenty-five cents, which shall
be charged among the costs of the case.
K. All executions issuing upon judgment in said Court shall ^^^
be signed by one of the Judicial Magistrates and be counter-
signed by the Clerk, and shall be directed to all and singular
376 CIVIL CODE
A. D. 1902. •
"'■'"^"^'"^ the Constables of said County, and in every other respect shall
be governed by the same rules as now pertain to executions is-
sued by Magistrates.
^^- L. In all cases in which it may be required by law that the
decision shall be rendered by two Magistrates, such cases shall
be heard and determined by the Judicial Magistrate subject to
the provisions of the preceding Section.
^^- M. The Judicial Magistrate shall have authority to appoint
a clerk for his Court, who shall hold his term of office at his
pleasure, and who shall receive as his compensation, as such
clerk, the fees herein provided for entering judgment.
685.^^^' ■^^"^" ^- ^^^ amount of docket fee to be charged in each case shall
be as follows : When the sum sued for or amount of damages
claimed shall be twenty dollars or less, the docket fee shall be
twenty-five cents; w^hen it shall be more than twenty and less
than fifty dollars, the docket fee shall be fifty cents ; and when
fifty dollars or over, the docket fee shall be one dollar ; the said
docket fee shall be charged among the costs of the case,
i n ^^(Slrokll ^^^' ^^^^- Cherokee County — The Judicial Districts in Cher-
Co^pty; juris- okec Couuty shall be as follows : The First District shall em-
"es. &c- brace Limestone Township ; the Second District shall embrace
1900, XXIII, White Plains Township ; the Third District shall embrace
332. -^
Draytonville Township; the Fourth District shall embrace
Gowdeyville Township ; the Fifth District' shall embrace Mor-
gan^ and the Sixth shall embrace Cherokee Township. The
said Magistrates and their Constables shall each receive from
said County, as compensation for their services, and in lieu of
all fees and costs in criminal cases, the following salaries per
annum, payable quarterly, to wit: Two Magistrates for the
First District, residing at Gaffney, each one hundred dollars,
payable quarterly, and they shall be allowed no Constable, but
direct all their processes, civil and criminal," to the Sheriff of
the County, who shall receive a salary of one hundred and
seventy-five dollars for all criminal work issuing from each of
said Maigstrate's Court, and for the service of all civil pro-
cesses issuing from said Magistrate's Court, the fees now al-
lowed by law for Constables ; and the said Magistrates shall
have jurisdiction over Cherokee County; and the Magistrate of
the Sixth District, residing at Blacksburg, shall receive one
hundred dollars, and the Constable for said Magistrate shall re-
ceive one hundred dollars as a salary ; and all other Magistrates
for said County each shall receive forty dollars, and their Con-
OF SOUTH CAROLINA.
stables each forty dollars, payable quarterly. Four additional
Magistrates shall be appointed in said County to those ap- *
pointed by law, as follows : One for Limestone Township, one
for Cherokee Township, who, with his Constable, shall reside
and have police power at Cherokee Falls, with concurrent juris-
diction with the Magistrate of the Third and Fourth Districts ; ^^^^ xxiii
and one who shall reside at or near Little John's Precinct, with ^^2-
concurrent jurisdiction with the Magistrates of the Third and
Fourth Districts ; and the said additional Magistrates shall each
appoint one Constable, and they and their Constables shall each,
respectively, receive the same salary as the Magistrates and
Constables of the Fourth District.
Sec. 1014. Chester County — In Chester County there shall be j^^ cheltf/co^
seven Judicial Districts, and one Magistrate and one Constable ^^^^^ xxiii,
shall be appointed for each of said Districts. The First Judi- ^^^•
cial District shall be composed of Court House, Chester, Sandy
River and Blackstock Townships ; salary of Magistrates, three
hundred and fifty dollars ; salary of Constable, two hundred
dollars per annum. The Second Judicial District shall be com-
posed of Lewisville Township ; salary of Magistrate, one hun-
dred dollars ; salary of Constable, sixty dollars per annum. The
Third Judicial District shall be composed of Landsford Town-
ship ; salary of Magistrate, one hundred dollars ; salary of Con-
stable, sixty dollars per annum. The Fourth Judicial District
shall be composed of Rossville Township ; salary of Magistrate,
fifty dollars ; salary of Constable, fifty dollars per annum. The
Fifth Judicial District shall be composed of Baton Rouge Town-
ship; salary of Magistrate, sixty dollars; salary of Constable,
fifty dollars per annum. The Sixth Judicial District shall be
composed of Halsellville Township; salary of Magistrate, fifty
dollars; salary of Constable, fifty dollars per annum. The
Seventh Judicial District shall be composed of Hazelwood
Township ; salary of Magistrate, fifty dollars ; salary of Con-
stable, forty dollars per annum.
Sec. 1015. Eight Magistrates shall be appointed for Chester-.^ cifefterleW
field County, one for each Township, who shall reside therein. County.
and whose salaries in criminal actions shall be as follows : The , i886, xix.,
6oi; 1894,
Magistrate for Cheraw Township, one hundred dollars ; for xxi., ^^s^s^ ;
Chesterfield Court House, one hundred and seventy-five dollars : 694-
Provided, He be required to attend all Courts of General Ses-
sions for Chesterfield County; for Jefferson, Old Store, Mt.
378 CIVIL CODE
A. D. 1902. ■
^'^■^'^v^^ Croghan, Cole Hill, Steer Pen, Alligator and near Brock's Mill,
each fifty dollars.
The salaries herein provided for Magistrates shall cover all ser-
vices in criminal matters, including holding inquests and prelimi-
nary examinations over dead bodies when held by Magistrates.
Each of these Magistrates shall appoint a Constable, who
shall give bond as hereinafter provided, and shall receive the
same salary as the Magistrate appointing him, except at Ches-
terfield Court House, where his salary shall be one hundred
and fifty dollars ; and such salaries shall be in full compensation
for all services in criminal matters, except that they shall have
five cents per mile, going and returning by the nearest route
from the office of the Magistrate whom they serve, to the jail
or chain-gang, as the case may be, when required to take pris-
oners ; one mileage to be charged for each trip, regardless of
the number of prisoners carried.
That when any person shall be so appointed Constable, he
shall repair to the Clerk's office of the County, and, together
with the evidence of his appointment, he shall lodge his bond,
in the form prescribed by law, in the penalty of two hundred
dollars, with good sureties, not less than two nor more than five,
to be appointed in writing by the Clerk, and upon taking the
oaths prescribed by law such person shall be regarded as a regu-
larly qualified Constable; nor shall any person not so qualified
ofSzonstabie"^^'^'^^''^^^ ^^^ powcrs of a Magistrate's Constable: Provided,
Proviso. That nothing herein contained shall prevent a Magistrate from
appointing a special Constable for a special occasion, to be speci-
fied in writing, in case the regular Constable cannot exercise the
powers of Constable : Provided, further, That the special Con-
viso/'' " ^^°' stable so appointed shall enter into bond in the form herein pro-
vided before the Magistrate appointing him.
County.'" ^'''^°" Sec. 1016. Clarendon County.— Magistrates sliall be appoint-
1894, xxu 6d in Clarendon County as follows : One shall reside in the
xxiii., '334; town of Manning, one at or near New Zion Church, one at For-
1103'; xviii" reston, one at Pinewood, and the others in different and con-
xfx.r'*2^^i^;' venient portions of the County. The Magistrates appointed to
i7?f' §6,'^i8^i,' serve outside of the town of Manning shall each appoint one
XXII., 6 I o, pgj-gQj-j ^Q ^^^ ^g Constable, in serving the processes of their
respective Courts, removable at pleasure. It shall be the duty
of the Sheriff of Clarendon County to perform all the duties of
Constable for the Magistrate at Manning, in criminal cases,
without receiving any extra compensation therefor.
OF SOUTH CAROLINA.
In lieu of all fees and costs for criminal proceedings, hereto-
fore paid them by the County, the Magistrate at Manning shall
be allowed a salary of three hundred dollars per annum, and
each of the other Magistrates the sum of one hundred dollars -
per annum ; and each Constable appointed as aforesaid shall re-
ceive a salary of seventy-five dollars per annum. Said salaries
shall be payable quarterly on the first of January, April, July
and October, by the County Treasurer, out of the County funds,
upon the orders of the County Supervisor.
Each Magistrate so appointed shall give a bond of five hun-
dred dollars for the faithful performance of his duties, to be
approved by the Judge of the Third Circuit.
For special provisions as to penalties for criminal offenses by Magistrates em-
braced in Revised Statutes of 1893, Sec. 865. See Criminal Code.
Colleton Co.
Sec. 1017. Colleton County — There shall be nine Magistrates • — rr—
in the County of Colleton, one of whom shall hold his Court in 450; i 8 9 o',
■^ XX., 851;
the town of Walterboro. Each of said Magistrates is authorized ^882, xviii.,
^ 36.
and empowered to appoint a Constable for his Court, who, upon
such appointment, taking the oath of ofiice and filing his bond,
as now required by law, shall have all the powers and discharge
all the duties of a Constable. Each of the said Magistrates and
Constables shall receive an annual salary of sixty-five dollars,
except the Magistrate appointed for Walterboro, who shall re-
ceive a salary of one hundred and fifty dollars per annum ; and
except the Constable appointed for Walterboro, who shall re-
ceive an annual salary of seventy-five dollars ; such salaries to
be in lieu of all costs against the County, including inquisitions
when such Magistrates shall be acting as Coroner : Provided,
That any of the Magistrates in said County, who having been
duly deputized by the Coroner of said County to hold inquests,
when so doing shall divide with the Coroner one-half the fees
now provided by law for the Coroner : Provided, fitrther, That
said Magistrates and Constables shall be entitled, in addition
to the salary herein provided for, to receive fees and costs in
civil cases, and in criminal cases when paid by the defendant;
and that said Constables shall also receive five cents for each
mile traveled in conveying prisoners to the County jail. Each
Constable shall be required to make return, upon oath, on all
warrants of arrest placed in his hands for execution by said
Magistrate at the expiration of ten days when failing to effect
arrest, and upon failing to make such return shall be liable to
pay a forfeit of two dollars for each offense, said forfeit to be
38o CIVIL CODE
A. D. 1902.
^"^^'^^ deducted from his salary by the County Board of Commission-
ers, upon information given to them by the Magistrate, duly
certified under his hand and seal. There shall be a Magis-
trate, who shall serve without salary or other compensation,
1892. XXI., a,nd who shall reside at Osborne, with jurisdiction confined
229. ' -'
within one-quarter of a mile in all directions of depot at Os-
borne,
in ^tfiiSon ^^^- ^^^^- There shall be appointed in Darlington County
^°"°^y- Magistrates as follows : Two Magistrates at Darlington Court
gj^g? 9 3^. gXX^., fjQT^isg^ at a salary of two hundred and twenty dollars each;
i8^^^''xxiii ' Lamar, one Magistrate, at a salary of two hundred and twenty
19; 1900, /^..dollars; Society Hill, one Magistrate, at one hundred and
334; 1901, lb., ' ■' . .
6*3- twenty-five dollars ; Hartsville, one Magistrate, at two hundred
and twenty dollars ; Una, one Magistrate, at one hundred and
twenty-five dollars. The Magistrates at Darlington Court
House shall issue their papers direct to the Sheriff of the
County, who shall be entitled to the same fees as allowed Con-
stables in similar cases.
Each Magistrate not appointed at Darlington Court House is
authorized to appoint a person to act as Constable in serving and
executing process issued by him, who shall give the bond and
Constables; ^^]^q ^-^q q^^j^ required by law. The Constables so appointed
Compensation, ghall receive as compensation for their services the fees pro-
vided by law.
See Chapter on Fees of Officers.
in Dorchester Scc. 1019. Dorchcstcr County — There shall be appointed in
°"° ^' Dorchester County seven Magistrates, as follows : One each
678°'' ' at the following places : St. George, Grover, Harleyville, Ridge-
ville, Summerville, Knightsville, and one in Collins Township.
Said Magistrates shall have jurisdiction throughout the County
and receive as compensation annual salaries as follows : The
Magistrate at St. George shall receive one hundred dollars ; the
Magistrate at Summerville, one hundred dollars ; the Magis-
trates at Grover, Harleyville, Ridgeville, Knightsville, and in
Collins Township, shall each receive seventy-five dollars. Said
compensation shall be in full for all cost and fees in criminal
cases, except as hereinafter provided. Each Magistrate shall
appoint one Constable, who shall receive an annual salary equal
to the Magistrate by whom said Constable is appointed, which
salary shall be in lieu of all costs in criminal cases : Provided,
That each Constable shall receive four cents per mile each way
for conveying prisoners to prison or chain-gang in addition to
OF SOUTH CAROLINA. 381
— A. D. 1902.
the actual expenses incurred for such transportation : And, Fur- '^^"^■^ '
ther Provided, That the nearest of said Magistrates may hold
inquests, when necessary, and receive the sum of two dollars
and fifty cents for viewing a dead body and granting a burial
permit, and five dollars for holding an inquest. The salaries
herein provided shall be paid monthly, by warrant of the County
Supervisor on the County Treasurer.
Sec. 1020. Edgefield County — There shall be in Edgefield in Edgefield
... . . _,, _^. County; terri-
County seven Judicial Districts, as follows, to wit: Ihe rirsttoriai jurisdic-
District shall embrace those parts of Pickens and Wise Town- Constables.
ships not in District Two: the Second District shall embrace 1900, xxiii,
336.
Shaw Township, and that portion of Merriwether, Wise and
Pickens Townships within following limits, to wit : east of the
old Stage Road from Kendrick's by the Tillman Place, Mt.
Vintage to Mays, and then turn to the right, leaving the old
Stage Road and go by Gary Place, crossing the old Plank Road
between Walter Miller's and Barr Place, thence around by Rock •
Quarry to intersect the Weaver Road at T. G. Smith's ; thence
to J. DeLoach's, thence leaving the Weaver Road, taking the
road by Harmony Church on to Mark Toney's ; thence the road
leading to Holmes' Mill ; thence to where this road enters the
Aiken Road, near Dr. Timmerman's ; and the salary of the
Magistrate and Constable in the said Second District shall each
be one hundred dollars ; the Third District shall embrace those
portions of Johnston, Mobley and Ward Townships remaining
in Edgefield County ; the Fourth District shall embrace Merri-
wether, Gregg and Collier townships not embraced in Second
District; the Fifth District shall embrace Washington, Ryan
and Collins Townships ; the Sixth District shall embrace Tol-
bert. Moss and Hibler Townships; the Seventh District shall
embrace Blocker Township, that portion of Grey Township
lying south of the line surveyed for Greenwood County, that
portion of Pine Grove Township remaining in Edgefield Coun-
ty, and that portion of Pickens Township lying north of Little
Turkey Creek and west of a straight line running from a point
on said creek five hundred yards above the bridge, on road be-
tween Capt. J. C. Brooks and estate of John Harris, in a north-
easterly direction, to the Saluda County line, at a point fifty
yards north of Calvary Church. The office of the Magistrate
of the First District shall be at Edgefield Court House, and his
salary shall be one hundred and fifty dollars per annum; the
office of the Magistrate of the Third District shall be at John-
CIVIL CODE
ston, and his salary shall be one hundred dollars per annum;
the office of the Magistrate of the Fourth District shall be at
Parksville, and his salary shall be one hundred dollars per an-
num ; the salaries of the remaining- Magistrates in said County
shall be each seventy-five dollars per annum : Provided, hoiv-
ever, That the criminal jurisdiction of the Magistrate of the
First District shall not be confined to the townships of that dis-
trict, but shall extend over the whole County of Edgefield, ex-
cept the trial and examination of cases, which shall be had be-
fore the Magistrate nearest the defendant, as now prescribed by
law. Each Magistrate appointed for the County of Edge-
field, under the provision of this Section shall be authorized and
empowered to appoint and employ a person to act as Constable,
who shall receive from the County as compensation for his ser-
vices the same amount as that received by the Magistrate
making such appointment, and which shall be paid in the same
■ manner,
in pTirleM Scc. 1021. The Couuty of Fairfield is divided into fourteen
°""^^' Judicial Districts. The First District embraces Feasterville
ioi^s;^'i 8 8 8,'Township; the Second District embraces Rock Creek Town-
1889, 'xx.! ship; the Third District embraces Brice Township; the Fourth
xxi.'/L^oi District embraces Jackson Creek Township; the Fifth District
embraces Gladden's Grove Township; the Sixth District em-
braces Wateree Township ; the Seventh District embraces
Mount Zion and Oakland Townships ; the Eighth District em-
braces so much of Ridgeway and Bear Creek Townships as in-
dicated by the following botmdaries, to wit : beginning at a
point in Bear Creek Township on the line between the Counties
of Kershaw and Fairfield at the residence of W. Perry; then in
a straight line in Northerly direction by way of the residence of
J. B. Cloud; thence along the public road in North and North-
westerly direction by way of the residences of F. M. L. Duke,
J. D. Joiner and others to the old Johnson place, there corner-
ing and running in Westerly direction by the neighborhood
road leading to Dr. Campbell's ; thence Westerly by way of resi-
dence of Mrs. Craig, John Taylor and others, shortest public or
neighborhood road, to the Poor House of Fairfield County on
boundary line between Ridgeway and Greenbrier Townships ;
then cornering and running South along the line between said
Townships to lines separating the Counties of Richland and
Fairfield ; then cornering and running East on said line separ-
ating said Counties, to starting point at or near the residence of
481.
OF SOUTH CAROLINA.
the said W. Perry. The Ninth District embraces Simpson
Township and the portions of Ridgeway and Bear Creek Town-
ships lying to the North and Northeast of the territory embraced
in the Eighth District heretofore described, and not included in
said district ; the Tenth District embraces Greenbrier Township ;
the Eleventh District embraces Horeb Township ; the Twelfth
District embraces Jenkinsville Township, and the Thirteenth
District embraces all of Bear Creek Township except that
portion thereof lying North of the road leading from H. L.
Compton's to Nelson's Mills and West of Bull Neck Road. The
Fourteenth District embraces the territory in the following
boundaries : Starting from Big Dutchman's Creek on the south,
where Big Dutchman's Creek joins Wateree River; thence
northwest to a point where Debutory Creek empties into the loil^^' ^^^'
Catawba River, and following Debutory Creek, in a southwest-
ern direction to a point known as Old Gladden's Grove, and
turning in a southern direction on the Rocky Mount road to
Wateree or Mt. Olivet Church ; thence on the Camden road to
Mount Moriah Church ; from thence in a southern direction by
Poplar Church to a place known as D. H. Ruff's on Big Dutch-
man's Creek ; and from thence running in a northeastern direc-
tion along Big Dutchman's Creek to Wateree River.
One Magistrate shall be appointed for each of said Judicial ;
Districts, who must reside or hold his office within the limits of
his district, except the Magistrate for the Seventh Judicial Dis-
trict, who must reside at Winnsboro, in said district. They
shall have exclusive jurisdiction withn the limits of their re-
spective districts in all prosecutions triable by them, and in
prosecutions cognizable by the Court of Sessions they shall have
jurisdiction throughout the County. But prosecutions may be
removed from one Magistrate to another for the causes and m
the manner now provided by law, and nothing contained in this
Section shall be construed to interfere with the endorsing of
warrants by a Magistrate in order to authorize their execution,
or with the execution or service of warrants and other papers
in any portion of said County, or with the jurisdiction of two
Magistrates sitting together in cases now provided by law.
Each may appoint one person to act as his Constable in serving
and executing such process as he may issue.
The Sheriff of the County may be authorized to serve and
execute process in all criminal prosecutions cognizable by the
Court of Sessions.
1899, XXIII,
384 CIVIL CODE
A. D. 1902.
~ ^-^ ' The annual salaries of the Magistrates of Fairfield County,
and their Constables, for criminal business, shall be as follows :
1897, XXII., Magistrate for Seventh Judicial District, one hundred and
^'^'^' fifty dollars; and all others in the County, each, fifty dollars,
except the Ninth Judicial District, where it shall be one hundred
dollars. Each Magistrate shall have the power to appoint one
Constable, who shall receive fifty dollars each per annum in
lieu of all fees and costs in criminal cases, except the Constable
in the Seventh Judicial District, who shall receive seventy-five
dollars, and the Constable in the Ninth Judicial District who
shall receive seventy-five dollars.
Magistrates Scc. 1022. Florence County — There shall be nine Magistrates
County. in Florence County, to be located in the following townships, as
1901, XXIII. follows : In Florence two, at a salary of two hundred and fifty
dollars each ; Timmonsville one, at a salary of one hundred and
twenty-five dollars; Pee Dee or Hannah, Cains, Lynches,
Efiingham, Cartersville and Motts, one each, at a salary of fifty
dollars each. Said salaries to be paid to said Magistrates in
lieu of all costs and fees in criminal cases. Each Magistrate
shall have the power to appoint one Constable. The Constables
in Florence County shall receive a salary of one hundred and
twenty-five dollars each ; the Constable in Timmonsville Town-
ship shall receive seventy-five dollars, and each of the other
Constables fifty dollars. Said Constables' salaries shall be paid
in lieu of all costs and fees in criminal cases. Each Constable
shall also receive three cents per mile each way for conveying
prisoners to jail or chain-gang, and two cents per mile each way
in the most direct route to make arrest. And the two Magis-
trates in Florence Township may employ the Sheriff and Depu-
ties, or Sheriff or Deputies, to serve as Constables for them at
the same salaries as is provided for the Constables for said two
Magistrates in Florence Township, and upon the request of
said Sheriff the said Magistrates shall turn over any and all
warrants' so requested to be executed, and the County Com-
missioners shall furnish to all the Magistrates in said County
all legal blank forms used in criminal cases that are necessary
in Sge[own to their official duty.
^°"'^^y- Sec. 1023. Georgetown County— Seven Magistrates shall be
702?^§2; "^888! appointed for the County of Georgetown, one of whom shall re-
I M of^'xx.', side in the town of Georgetown, one in the village of Planters- ,
X X . / ^Hr, villS' one in the Northern, one in the Eastern, two in the South-
1^3^6 '■ "^ifga' ^^^ ^"d one in the Western section of the County. Their juris—
XXI.,"" 481;
1894. XXL,
1061.
OF SOUTH CAROLINA. 385
A. D. 1902.
diction shall extend over the whole County. Each of the Ma- ^~-^v-^~^
gistrates, other than the one residing in the town of George-
town, may appoint a person to act as Constable in serving and
executing process issued by him. The salaries of said Magis-
trates and their Constables shall be as follows :
Magistrate at Georgetown, two hundred dollars ; at Planters- g^97, xxii.,
ville, one hundred and twenty-five dollars ; at Southeastern or
Southern section, one hundred and twenty-five dollars ; and all
others in the County, each, seventy-five dollars. Each of the
Constables appointed by said Magistrate shall receive the sum
of fifty dollars per annum, except the Constable appointed by
the Magistrate residing in the town of Georgetown, who shall
receive a salary of two hundred dollars per annum, and the
Constable appointed by the Magistrate residing in the village
of Plantersville, who shall receive a salary of seventy-five dol-
lars per annum ; and the salaries of all the said Magistrates and
Constables shall be in lieu of all fees, costs and charges in crimi-
nal cases.
The Sheriff of said County shall be required to act as Con-
stable for the Magistrate residing in the town of Georgetown
without additional compensation ; but no Magistrate for said
County residing outside of the town of Georgetown shall issue
any warrant or other process to the Sheriff of said County in
any case triable by him. The Sheriff may be authorized to
serve and execute process issued by any of said Magistrates
in criminal prosecutions cognizable by the Court of Sessions,
and shall receive therefor the fees allowed by law for such
services.
The Magistrates so appointed shall each give a bond of five
hundred dollars, and each Constable a bond of two hundred
and fifty dollars, with good and sufficient surety, for the faith-
ful performance of their respective duties, said bonds to be ap-
proved, by endorsement thereon in writing, by the Judge of the
Third Circuit.
Other provisions in Revised Statutes of 1893 transferred to Criminal Code.
Sec. 1024. Greenville County — There shall be appointed in j^ ^dSeSl
Greenville County 12 Magistrates as follows : two in the city of Cou"ty.
Greenville, at a salary of three hundred dollars per annum ^901, xxiii,
each, and the process issued by such Magistrates shall be
served and executed as now provided by law; one for Bates
and Paris Mountain Townships, at a salary of fifty dollars ;
one for Highland and Glassy Mountain Townships at a salary
25.-C
CIVIL CODE
of fifty dollars ; one for Butler and O'Neal Townships, at a
salary of fifty dollars ; one for Gantt and Grove Townships, at a
salary of seventy-five dollars ; one for OaklaAvn and Dunklin
Townships at a salary of fifty dollars ; one for Fair View Town-
ship, at a salary of fifty dollars, and the process issued by each
shall be served and executed as now provided by law. Each of
said Magistrates, except the ^Magistrates for the city of Green-
ville, shall appoint a Constable, who shall receive a salary of
fifty dollars each, except for Gantt and Grove, who shall receive
seventy-five dollars. There shall also be a Magistrate at the
town of Greers, who shall receive a salary of fifty dollars, and
who shall appoint a Constable, said Constable to receive a sal-
ary of fifty dollars ; also one ^Magistrate at the town of Pied-
mont, at a salary of fifty dollars, who shall appoint a Consta-
ble, at a salary of fifty dollars. The salaries herein provided
for JMagistrates and Constables shall be in lieu of all fees and
costs in criminal cases, and shall be paid as now provided by
law. The jurisdiction of the 2\Iagistrates in the City of Green-
ville shall, in civil cases and in cases cognizable by the Courts
of General Sessions, have general and concurrent jurisdiction
throughout the County, but shall have jurisdiction only in
Greenville Township in all criminal cases exclusively within
the jurisdiction of iMagistrates, and in cases where the Court
of Sessions has concurrent jurisdiction. The Magistrates for
O'Neal and Chick Springs Townships, and at Greers shall have
a concurrent and general jurisdiction throughout said town-
ships, and so much of the town of Greers as is within Green-
ville County, in all cases exclusiveh' within the jurisdiction of
Magistrates, and in cases where the Court of Sessions has con-
current jurisdiction. The Magistrate for Gantt and Grove
Townships shall have jurisdiction throughout said Townships,
except for the territory hereinafter set apart for the jMagistrate
at Piedmont, in all cases exclusively within the jurisdiction of
Magistrates, and in cases where the Court of Sessions has con-
current jurisdiction. The ]Magistrate at Piedmont shall have
jurisdiction, police powers and duties within a radius of three
miles from Piedmont, within Greenville County, in all cases ex-
clusively within the jurisdiction of IMagistrates, and in cases
where the Court of Sessions has concurrent jurisdiction. All
the other Magistrates herein provided for, whose jurisdiction
has not been specifically stated herein, shall have jurisdiction
throughout the townships for which they have been ap-
pointed, respectively, in all cases exclusively within the juris-
OF SOUTH CAROLINA. 387
■ A. D. 1902.
diction of Magistrates and in cases where the Court of Sessions "^-^"^v^— ^
has concurrent jurisdiction. Nothing herein contained
shall be construed to prohibit any of the Magistrates provided
for herein from issuing warrants, holding preliminaries and
committing persons in cases cognizable by the Court of General
Sessions, whether arising within their territorial jurisdiction or
not, but may in such cases exercise such jurisdiction. The
Magistrates provided for by this Section shall have no jurisdic-
tion other than is herein provided. The County Supervisor shall
furnish all of said Magistrates all necessary stationery and
blanks for criminal business.
Prior to the Act of 1901, it was held that the jurisdiction of the Magistrates
in Greenville extended over the County in civil cases. — Baker v. Irvine, 61 S. C,
114; 39 S. E., 252.
Sec. 1025. Greenwood County — Ten Magistrates shall be ap- . Magistrates
pointed for Greenwood County, and no more. One shall be County.
22.
commissioned for each of the following places, viz : Green- 1899, xxiii,
wood, Ninety-Six, Hodges, Troy, Bradley, Verdery, Coronaca,
Gaines, Lyon and Kinard's Store ; each shall have his office at
the place for which he shall be appointed. Each of said Magis-
trates shall receive as compensation for his services and in lieu
of all costs and fees in criminal cases, the sum of fifty dollars ;
except the Magistrate at Greenwood, who shall receive one hun-
dred and fifty dollars, and the Magistrate at Ninety-Six, who
shall receive one hundred dollars. In addition to their salaries
they shall receive, when called upon to act as Coroner, the fees
allowed by law for such services. Each of said Magistrates is
authorized to appoint a constable to serve and execute such pro-
cess as he may issue. Each Constable shall receive as compen-
sation for his services, and in lieu of all costs and fees in crimi-
nal cases, the sum of fifty dollars per annum, except the Con-
stable for the Magistrate in the town of Greenwood, who shall
receive one hundred and fifty dollars per annum. Said Consta-
bles shall be paid, in addition to their salaries for conveying
prisoners to jail or to the chain-gang, at the rate of six cents per
mile for each mile of necessary travel, computed from the office
of the Magistrate to the jail or to the chain-gang, as the case
may be ; the salaries and other compensation of Magistrates and
Constables, as herein provided, shall be due and payable quar-
terly upon the orders of the County Supervisor ; and that the
County Board of Commissioners be authorized and required to
furnish Magistrates with the necessary blanks used in criminal
cases. Each of said Magistrates shall collect and pay over to
388 CIVIL CODE
A. D. 1902.
the County Treasurer all costs and fees to which he or the Con-
stable employed or appointed by him would have been entitled,
but for the provisions of this Section, together with all fines col-
lected. He shall, at least ten days prior to each term of the
Court of General Sessions of the County make out and file with
the Clerk of said Court a certified transcript of his criminal
docket, which shall show the amount of fees, costs and fines im-
posed, and the amount collected thereon, which transcript shall
be for the investigation of the grand jury, and shall be in lieu
of the investigation of the books and records of the Magistrates
of the County as now provided by law.
. Magistrates Scc. 1026. Hampton County — Six Magistrates shall be ap-
m Hampton . f J & r
County. pointed for Hampton County, one for each township, who shall
1901, XXIII, reside therein. The salaries of said Magistrates shall be as fol-
675. .
lows : For Gcethe township, one hundred and twenty-five dol-
lars ; for Coosawhatchie township, one hundred and fifty dol-
lars ; for Lawton township, one hundred and fifty dollars ; for
Peeples township, one hundred and seventy-five dollars ; for
Pocotaligo township, one hundred dollars, and for Robert town-
ship, one hundred and twenty-five dollars. Each of said Magis-
trates so appointed shall be authorized and empowered to ap-
point and employ a person to act as constable, who shall receive
Constables, as compensation for his service the same amount as that re-
ceived by the Magistrate making such appointment. Said sal-
aries shall be paid quarterly by the County Treasurer in equal
installments upon the warrant of the County Supervisor, and
, shall be in lieu of all costs and fees in criminal cases. The
Fees and
costs. costs and fees to which said Magistrates and Constables would
have been entitled to but for the provision of this Section shall
be collected and paid over to the County Treasurer of said
County, together with all fines collected ; and each of said Ma-
gistrates, so appointed, shall make out and file with the County
R ort to Supervisor of said County, at each quarterly meeting of the
County Board County Board of Commissioners a verified transcript of his
of C ommis- . . -^ _ ^
sioners. Criminal docket, which report shall cover the time from the
date of the filing of the prior report to the date of the filing of
such report, and shall name and set forth separately each war-
rant issued, and against whom issued, by or coming into the
hands of the Magistrate making said report and state clearly
the termination of each case, whether defendant be convicted or
acquitted, or whether the case has been "nolle prossed" setting
forth distinctly the amount of each fine imposed and collected,
OF SOUTH CAROLINA. 389
and the amount of fees and costs collected in each case, and the
report of each of said Magistrates when made as above set out,
shall be published by the County Supervisor with his regular
quarterly report of audited claims, as a part of same. If any
Magistrate or his Constable shall fail to turn over the fines, fees
or costs required to be collected by them in criminal cases, as
above set out, to the County Treasurer, or shall receive any
compensation for discontinuing or compromising any criminal
case, it shall be deemed sufficient cause for forfeiture of his of-
fice, and if any such charge should be substantiated the Gov-
ernor shall at once remove him from his office and appoint a
successor. Each of said Magistrates and Constables shall en-
ter into bond to the State of South Carolina in the penal sum
of two hundred and fifty dollars, with security to be approved
by the County Board of Commissioners for said County, for
the faithful performance of his duties. In cases of breach
of the peace, the jurisdiction of the Magistrates, now or here-
after to be appointed for the Counties of Beaufort and Hamp-
ton resident at or in the townships adjoining Hardeeville, Ye-
massee and Ridgeland is extended over both said Counties to
the limit of one-half mile in each and every direction from the
Charleston and Savannah Railway depots at said places.
Sec. 1027. Horry County — Magistrates for Horry County Magistrates
shall be as follows, and receive salaries named : Conway, sev- count^ ° *^ "^ ^
enty dollars ; Dog Bluff, Bayboro, Gallivant's Ferry, Floyd's 1899, xxiii,
Green Sea, Little River, Socastee and Simpson Creek, each to ^3-
receive thirty-five dollars — the Magistrate in Simpson Creek
to reside near the centre of the township ; Buck's, thirty dol-
lars ; Dogwood Neck, twenty-five dollars ; and an additional
Magistrate shall be appointed for Horry County, to reside at
Loris, at a salary of forty dollars ; and one at Adrian, at a salary
of thirty dollars per annum. Each Magistrate in Horry shall ap-
point a competent constable, who shall receive a like salary as
the Magistrate appointing him, and shall hold office for a like
term, unless sooner removed. Said Magistrates and Constables
shall have jurisdiction throughout the County.
Sec. 1028. Kershaw County — One Magistrate at Camden, for. Magistrates
DeKalb Township, who shall receive a salary of two hundred i?,u^y^ '^ ^^^"^
dollars ; two Magistrates each for West Wateree and Flat Rock jgoi, xxiii,
Townships, one Magistrate for Buffalo Township, one Magis- ^^3.
trate at or near Lucknow and one Magistrate at the town of
Bethune, each of these Magistrates, except the one at Camden,
CIVIL CODE
shall receive an annual salary of forty dollars ($40), and each
of them may appoint a Constable who shall receive an annual
salary of equal amount to the salary of the ISIagistrate, except
the Constable appointed at Camden, who shall receive an an-
nual salary of two hundred dollars (S200), all of said salaries
to be paid in quarterly installments,
g j^^9°' ■^^•' In criminal prosecutions, cognizable by the Court of
General Sessions, and when arrests in any case are made beyond
the limits of the County, the Sheriff of the County may be
authorized to serve and execute process, and he shall receive
therefor the same fees as are now or hereafter may be allowed
by law for such services,
i n ■^^Lancaster ^®^- 1029. Lancaster County is divided into seven judicial
^°"^^- districts, the boundaries of which are designated by the County
xix'" 7^o^i^' Commissioners under the power delegated to them by the Gen-
1^90, ^x^j-' eral Assembly, in an Act approved December 24th, 1886, XIX.,
]^^^-^' ^j^.4|o; Statutes at Large, 701. There shall be one Magistrate ap-
XXI., 651. pointed for each of said judicial districts, and one for the addi-
tional judicial district known as the Kershaw judicial district
of Kershaw and Lancaster Counties, embracing parts of said
Counties within the following areas, to wit : In Kershaw, begin-
ning at a point where the dividing line between the Counties of
Kershaw and Lancaster crosses Lick Creek, thence down said
branch to Hanging Rock Creek, thence down said creek to Lit-
tle Lynches Creek, thence up said creek to the Lancaster County
line, thence along said line to Lick Creek, the beginning point ;
and in Lancaster, beginning at a point on a line dividing the
County of Kershaw from the County of Lancaster two (2)
miles from the point where the Charleston, Cincinnati and Chi-
cago Railroad crosses said line ; thence North four (4) miles ;
thence in an Easterly direction running parallel with said Coun-
ty line four (4) miles ; thence South four (4) miles to the
County line aforesaid ; thence in a Westerly direction along said
County line four (4) miles to the beginning point.
M?"s't!-ates °^ Each of the ^Magistrates appointed under the provisions of
— zzz — rrr;- this Section shall be a resident of the Judicial District for which
1886, XIX., •'
XX ^1' ^^^"'"^^ is appointed, and shall reside therein during his term of
office, and the ^Magistrates appointed for the Kershaw Judicial
District of Kershaw and Lancaster Counties shall hold his office
in the town of Kershaw.
In all criminal actions triable by them, said ^Magistrates shall
have exclusive jurisdiction within the limits of their respective
I
OF SOUTH CAROLINA. 391
A. D. 1902.
Districts. In prosecutions cognizable by the Courts of General ^-'""'"v '
Sessions, said Magistrates shall each have jurisdiction through- ^^ ■in"cr1min^
out the limits of the County. But prosecutions and civil actions f^fff;
may be removed from one Magistrate to another for the same gg^°'' ^^i^^'
causes and in the same manner as is now provided by law, and
the Courts of Common Pleas shall have concurrent jurisdiction
in all civil actions triable by said Magistrates. In cases of sick-
ness, absence or temporary disability of any Magistrate, the
nearest Magistrate is hereby authorized to hear and determine
any cause that may arise within the jurisdiction of the Magis-
trate so absent, sick or disabled as aforesaid.
The Magistrates shall receive the following salaries : Magis-
trate for Judicial District embracing Lancaster, three hundred
dollars, for the Judicial District embracing Kershaw, one hun-
dred dollars ; and all others in the County, each fifty dollars.
Each Magistrate shall appoint one Constable, and said Consta-
ble shall receive the same salary as the Magistrate making the
appointment. The salaries to be paid as now provided by law.
Any Magistrate when called upon to act as Coroner, shall
receive, in addition to his salary, the same fees as are now al-
lowed by law to Coroners.
Sec. 1030. Laurens County — The number of Magistrates f or ^^ ^ d^d hionai
Laurens County shall not exceed nine, one for each of the town-— ^^-^ — ^^
ships of Laurens, Cross Hill, Hunter, Jacks, Scufflfetown, Sul- 1401.
livan, Younof, Dial and Waterloo. Each shall receive from the . Magistrates
' S" m Laurens.
County as compensation for his services, and in lieu of costs — ^ —^
and fees in criminal cases, the following annual salaries, to be 1099-
paid at the end of each quarter, in equal installments upon the
warrant of the County Supervisor, to wit : Magistrate at Laur-
ens Court House, two hundred and fifty dollars ; at Waterloo,
one hundred dollars ; at Clinton, one hundred dollars ; and all wttt
' 1900, AAlll,
Others in the County, each, fifty dollars. Magistrates' Consta- 337.
bles at Laurens Court House, two hundred and twenty-five dol-
lars ; and in Dial's Township, seventy-five dollars ; and all other
Constables the same salaries received by the Magistrates ap-
pointing them. Each of the Magistrates is authorized and em-
powered to appoint and employ a person to act as Constable ;
and such Constable shall not receive any sum of money from
the Countv or from any person for any service rendered by him
in any criminal case under such employment or appomtment,
except as herein provided ; but should any of the said Constables
not perform any duty required of him, the Magistrate is au-
CIVIL CODE
thorized and required to employ some one else to perform such
duty, and the amount paid for such services shall be deducted
by the County Supervisor from the salary of the Constable who
should have performed the services.
In criminal prosecutions cognizable by the Court of General
sessions, the Sheriff of the County may be authorized to serve
process, and shall receive therefor the same fees as are now, or
hereafter may be, allowed by law for such services.
. Magistrates gcc. 1031. Lexington County — The Countv of Lexington is
in Lexington o j ,0
County. divided into six Judicial Districts : the First District shall em-
1901, XXIII, brace Lexington, Hollow Creek and Boiling Springs Town-
ships. The Second District shall embrace Saluda, Broad River
and Fork Townships. The Third District shall embrace Gil-
bert Hollow and Chinquepin Townships. The Fourth District
shall embrace Bull Swamp, Sandy Run and Piatt Springs
Townships. The Fifth District shall embrace Congaree Town-
ship. The Sixth District shall embrace Black Creek Town-
ship. One Magistrate shall be appointed for each of said Dis-
tricts, who shall be a resident of the District for which he is ap-
pointed, and the Magistrate for District No. i, shall hold his
office in the town of Lexington. The said Magistrates shall
have exclusive jurisdiction within their respective districts in
all prosecutions triable by them, and in cases cognizable by
the Court of General Sessions, they shall have jurisdiction
throughout said County, but prosecutions may be removed
from one Magistrate to another, as now provided by law. Each
Magistrate may appoint a person to act as Constable in serving
and executing process issued by him, who shall not be related
either by consanguinity or affinity within the sixth degree to the
said Magistrate. The salaries of said Magistrates shall be as
follows : For the First and Second Districts, one hundred and
fifty dollars each per annum ; for the Third and Fourth Dis-
tricts, one hundred and twenty-five dollars each per annum ; for
the Fifth District, one hundred dollars per annum, and for the
Sixth District, forty dollars per annum. The salary of each of
the Constables for the Magistrates shall be as follows : For the
First, Second, Third and Fourth Districts one hundred dollars
each per annum ; for the Fifth District seventy-five dollars per
annum, and for the Sixth District, thirty-five dollars per an-
num, and the salaries of all of said Magistrates and Constables
shall be in lieu of all fees, costs and charges in criminal cases.
The Sheriff may be authorized to serve and execute processes
OF SOUTH CAROLINA.
issued by any Magistrate of said County in criminal prosecu-
tions cognizable by the Court of General Sessions and shall
therefor receive the fees allowed by law for such service. The
Constables so appointed shall each give bond in the sum of two
hundred dollars, with good and sufficient sureties for the faith- ^
ful discharge of their duties, said bonds to be approved by
the County Board of Commissioners. The County Board of
Commissioners shall set aside a sum sufficient to pay the sal-
aries herein provided quarterly, out of the County funds. Each
of said Magistrates shall collect and pay over to the County
Treasurer of the County all costs and fees to which he or the
Constable employed or appointed by him would have been en-
titled, but for the provisions of this Section, together with all
fines collected, and shall at least ten days prior to each term of
the Court of General Sessions for the County, make out and file
with the Clerk of said County, a certified transcript of his
criminal docket, which shall show the amount of fees, costs and
fines imposed and the amount collected thereon.
For penalty for neglect of duty, extortion or oppression by Magistrate, see Crimi-
nal Code.
Sec. 1032. Marion County — Magistrates in Marion County . Magistrates
JO -'in Marion Co.
shall be as follows : One Magistrate at Marion Court House, ^^^^/
1901, XXIII.,
who shall receive an annual salary of three hundred and fifty 687.
dollars, and who shall appoint a Constable who shall receive an
annual salary of one hundred and fifty dollars ; one Magistrate
at Dillon, to receive an annual salary of one hundred and fifty
dollars, and to appoint a Constable who shall receive an annual
salary of one hundred dollars ; two Magistrates to reside South
of the Wilmington, Columbia and Augusta Railroad, and one
in Harleesville Township, each to receive an annual salary of
sixty dollars, and each to appoint a Constable, at the annual
salary of sixty dollars; one Magistrate at or near Mullins, to
receive an annual salary of one hundred dollars, to appoint a
Constable at an annual salary of one hundred dollars; one
Magistrate at or near Latta, one in Hillsboro Township, one in
Kirby Township, and one in Manning Township, each of whom
shall receive an annual salary of eighty dollars, each to appoint
a Constable who shall receive an annual salary of eighty dol-
lars : Provided, Each and every of the aforesaid salaries shall
be paid quarterly, and shall be in full of all fees and costs in-
criminal cases : Provided, further, That so much be earned by
each Magistrate and Constable, respectively, in criminal cases,
394 CIVIL CODE
A. D. 1902.
'""'■^^'''^^ to be proved by itemized and verified accounts, at the rate of
the last fee bill for the County, submitted quarterly, to the
County Board of Commissioners, and, if not, then such Magis-
trate or Constable, as the case may be, shall receive only a
sum, equal to the actual amount earned by him, in criminal
cases, according to the fee bill: Provided, further, That on
each quarterly account as above required, there shall be the
affidavit of the claimant, to the effect that all costs, fees and
fines in criminal cases, collected by or for the claimant, to date,
have been fully turned over the County Treasurer, to which
shall be appended an itemized statement of same, and the re-
ceipt or copy receipt of the Treasurer therefor : Provided, That
before any Constable so appointed enters upon the duties of his
office he shall file with the Clerk of the Court of said County
a certificate of his appointment, signed by the Magistrate ap-
pointing him, subscribe the oath and give the bond as now pro-
vided by law for Constables ; and said Clerk shall give to such
Constable, under his official seal, a certificate to the effect that
said Constable has complied with the provisions of this Act;
and such certificate shall be conclusive evidence of the official
character of said Constable : Provided, further. That any Magis-
trate may direct his papers to the Sheriff for service, and in such
case the Sheriff shall serve same and shall receive the same
compensation therefor, which the Constable would be entitled
to for same service: Provided, further. That any one under-
taking the position of Constable, shall serve for at least one
year, vv^hether he finds the office profitable or not, and shall
serve all papers while Constable, and perform all duties as Con-
stable, when required by the Magistrate, on pain of indictment
for official misconduct,
i n ^iSfboro ^^^' ^^^^- Marlboro County — For Marlboro County, seven
^°"°*y- Magistrates shall be appointed, each of whom shall have juris-
^1901, XXIII, diction throughout the County. First. Two of said Magistrates
shall keep their offices in the town of Bennettsville, and each
shall receive annually a salary of two hundred dollars. Second.
One shall be appointed for Clio, and one for McColl, each of
whom shall annually receive a salary of one hundred dollars.
Third. One shall be appointed for Brownsville and Blenheim,
who shall receive annually a salary of seventy-five dollars. One
shall be appointed for Brightsville and one for Smithville, each-
of whom shall receive annually a salary of fifty dollars. Fourth.
Each of said Magistrates, except the two who are required to
OF SOUTH CAROLINA.
hold their offices in Bennettsville, may appoint a Constable, who
shall annually receive the following salaries, to wit : The Con-
stable appointed respectively for Clio and McCoU shall each re-
ceive a salary of seventy-five dollars, and the one for Browns-
ville and Blenheim shall receive a salary of fifty dollars, and
the one appointed for Brightsville and Smithville respectively
shall receive annually a salary of forty dollars ; and the Sheriff
of said County shall, ex officio, act as the Constable of the two
Magistrates at Bennettsville, and as such shall receive annually
a salary of two hundred and fifty dollars : Provided, That in
lieu of appointing a Constable, any Magistrate appointed for
said County may, by certificate in writing filed in the Clerk's
office of said County, designate the Sheriff to act as his Consta-
ble, in which case, said Sheriff shall receive the salary herein
provided to be paid to the Constable of such Magistrate : Pro-
vided, further, That nothing herein contained shall prevent any
Magistrate from appointing, and each of said Magistrates is
hereby expressly authorized to appoint said Sheriff to' act as Con-
stable in any criminal case or proceeding where the Constable
appointed by him fails or refuses to perform his duty ; and in the
event such special appointment is made, the said Sheriff shall
be entitled to receive the fees now provided by law for such
service, the amount of which shall be deducted from the salary
of the Constable thus failing or refusing to perform his duty.
Sixth. Before any Constable so appointed enters upon the
discharge of the duties of his office, he shall file with the Clerk
of Court of said County a certificate of his appointment, signed
by the Magistrate appointing him, subscribe the oath and give
the bond as now provided by law for Constables; and said
Clerk shall thereupon give to such Constable, under his official
seal, a certificate to the effect that said Constable has complied
with the provisions of this Section, and such certificate shall be
conclusive evidence of the official character of said Constable.
Said Constable shall serve all papers and execute all pro-
cesses in criminal cases or proceedings issued by the Magistrate
appointing him. Seventh. The salaries herein provided to
be paid to said Magistrates, Constables and Sheriffs, shall be
in lieu of all costs and fees in criminal cases and proceedings,
both as against the County and the defendant or defendants :
Provided, That nothing herein contained shall affect the fees of
said Sheriff when executing processes issued out of the Court
of General Sessions. Eighth. Said salaries shall be payable
CIVIL CODE
quarterly by the County Treasurer of said County, upon the
warrant of the County Board of Commissioners of the same :
Provided, That before such warrant is issued, each of said
Magistrates shall exhibit to said County Board of Commission-
ers both his civil and criminal dockets : Provided, further.
That each of said Magistrates and each of said Constables shall
subscribe and file with the said Board an affidavit that all fines,
costs and fees paid to, or collected and received by him in crimi-
nal cases and proceedings, has been paid over to the County
Treasurer of said County; and said Sheriff shall sign and file
with said Board, a similar affidavit as to fines, costs and fees
paid to, or collected and received by him. Ninth. The County
Board of Commissioners of said County, at the expense of the
County, shall furnish to each of said Magistrates, a criminal
and a civil docket,
i n ^NewWry ^^^- l^^^. Magistrates in Newberry County — in Newberry
^°"°^y- County, ten Magistrates shall be appointed, one of whom shall
688°'' ^'^^^^' reside in the Township No. i, one in the town of Prosperity, one
in each of the Townships Nos. 3, 4, 5, 6, 7, 10 and 11. The
Magistrate in Newberry shall receive an annual salary of two
hundred and forty dollars ; in Prosperity, ninety-six dollars ; in
Township No. 4, fifty dollars ; in Township No. 3, twenty-five
dollars, and in all of the others thirty-six dollars each per an-
num ; said salaries shall be in lieu of all fees in criminal cases,
and shall be paid quarterly. Each of the said Magistrates may
appoint a Constable, who shall receive the same annual salary
as the Magistrate appointing him, in lieu of all fees in criminal
cases, and each Constable shall also receive five cents per mile
each way for conveying prisoners after conviction to the jail or
chain-gang. The Sheriff of the County shall act as Constable
for any Magistrate who does not appoint a Constable and shall
receive as his compensation the salary provided herein for the
Constable. Each Magistrate shall file with the Clerk of the
Court of Common Pleas and General Sessions a certificate of
the appointment of his Constable, and said Constable, before en-
tering upon the discharge of his duties, shall file with the said
Clerk a bond in the penal sum of two hundred dollars in the
form now required by law for Constables. The County Super-
visor shall furnish dockets and blanks for said Magistrates for
criminal cases only : Provided, That nothing herein contained
shall be construed to prevent Magistrates of the County from
directing to the Sheriff all warrants and other process in crimi-
OF SOUTH CAROLINA.
nal cases triable in the Court of General Sessions: Provided,
further, That the Sheriff shall not be allowed any fees for sum-
moning- witnesses to appear in the Court of General Sessions
who have been recognized to appear except in cases when bench
warrants are issued : Provided, further, That the Constables
appointed as aforesaid shall serve throughout the County-
all papers issued in criminal cases by the Magistrates appoint-
ing them, not allowed to be served by the Sheriff, except in
cases where said Constables are not able to serve same for some
good and sufhcient cause, which cause shall be made to appear
by affidavit on any account rendered against the County by the
person actually serving the same : Provided, further, That the
County Board of Commissioners shall furnish a suitable office
for the Magistrate in the town of Newberry. The jurisdiction
of each of said Magistrates shall extend throughout the County
and shall not be confined to the Township in which he resides.
Sec. 1035. Oconee County— Magistrates in Oconee County j „ ^^|'f„^*^^
shall be as follows : One at Walhalla, whose compensation shall {^d^*^ con^ta'^
be one hundred and twenty-five dollars per annum, one at Sen-l^Jfi
eca, whose compensation shall be seventy-five dollars per an-2^9°°' ^xiii,
num ; one at Westminster, whose compensation shall be seventy-
five dollars per annum ; one at or near Oakway, whose compen-
sation shall be sixty-five dollars per annum ; one at or near
Damascus, whose compensation shall be thirty dollars per an-
num ; one at or near Salem, whose compensation shall be
thirty-five dollars per annum ; one at Newry, whose compensa-
tion shall be twenty-five dollars per annum, and all others
twenty-five dollars each. Each Magistrate shall appoint one
Constable, who shall receive, in lieu of all fees, costs and charges
in criminal cases, the same compensation now allowed by law to
the Magistrate appointing him.
Sec. 1036. Orangeburg County shall be divided into Judicial ;„ ol-angeburg
Districts as follows — District No. i shall be comprised of ^^'^i___
the townships of Orange, Zion, Middle and that part of Caw gg^°'' ^^^^^'
Caw lying to the West of Orangeburg and Columbia Road,
with one Magistrate, who shall hold his office at the Court
House and whose salary shall be three hundred and fifty dol-
lars per annum, with one Constable, whose salary shall be four
hundred and fifty dollars per annum. District No. 2 shall be
comprised of the townships of Amelia, Lyons and that part of
Caw Caw lying east of the Orangeburg and Columbia Road,
with one Magistrate and one Constable, whose salaries shall
CR'IL CODE
be one hundred and seventy-five dollars each per annum ; said
^Magistrate shall hold his Court, at least three days in each
week in the town of St. ^Matthews. District Xo. 3 shall be
comprised of the townships of Branchville, New Hope and
Covv- Castle v/ith one ^Magistrate and one Constable whose sal-
aries shall be one hundred and fifty dollars each per annum.
The said 2\Iagistrate shall have at least one office day at the
town of Bowman, and at least two office days at the town of
Branchville, each week. District Xo. 4 shall be comprised of
the townships of Poplar, Providence, Goodbye and Vance's,
with one ]Magistrate and one Constable, whose salaries shall be
one hundred and fifty dollars each per annum. The said Magis-
trate shall have at least one office day in each week in the town
of Elloree. District Xo. 5 shall be comprised of the Townships
of Edisto, Union and Liberty, with one Magistrate and one
Constable, whose salaries shall be one hundred and twenty-five
dollars each, per annum. District X'o. 6, shall be comprised of
the Townships of Hebron, AMllow and all that part of Goodland
not included in District X'o. 7, lying East of a straight line
drawn from the mouth of Goodland Swamp, on the South
Edisto River to Jones' Bridge, on the Xorth Edisto River,
with one ^Magistrate and one Constable, whose salaries shall
be one hundred dollars each per annum. District N'o. 7 shall
be comprised of the territory situated to the West of a line
drawn as set forth in District X'o. 6, with one ^Magistrate and
one Constable, whose salaries shall be seventy-five dollars each,
per annum. District Xo. 8, shall comprise the township of
Elizabeth, with one ^vlagistrate and one Constable, whose salary
shall be eighty-five dollars each, per annum. District Xo. 9
shall comprise the Township of Pine Grove, with one 3>Iagistrate
and one Constable, whose salary shall be fifty dollars each, per
annum, with his office at the town of Lone Star. Each of said
Magistrates shall be a resident of the District for which he is
appointed, and shall reside therein during his term of office.
In all criminal actions triable by said ^Magistrates they shall
have exclusive jurisdiction within the Courts of their ]Magis-
terial Districts. In prosecutions cognizable by the Courts of
General Sessions, and in civil cases within their jurisdiction,
said Magistrates shall each have jurisdiction throughout the
limits of the County. But prosecutions and civil actions may be
removed from one IMagistrate to another for the same causes,
and in the same manner as is provided by law. In cases of
OF SOUTH CAROLINA. 399
■ A. D. 1902.
sickness, absence or temporary disability of any Magistrate, "'"-^v"^
the nearest Magistrate is authorized to hear and determine any
cause that may arise within the jurisdiction of the Magistrate
so absent, sick or disabled as aforesaid.
Sec. 1037. Pickens County— There shall be appointed one ^^ N;?^3^^r ^nd
Magistrate for each Township in Pickens County, except in Helens* Co. '"
Central Township, where there shall be three, one of whom to ^g^g^ xxii.,
reside at Cateechee and one at Calhoun, the Magistrates at Ca- t^s^'j ^^f^^ 4 .
teechee and Calhoun to receive each an annual salary of forty
dollars. The Magistrates appointed for Easley, Liberty, Cen-
tral, except the Magistrates at Cateechee and Calhoun and
Pickens Court House, shall receive a salary each of one hun-
dred dollars ; the Magistrate for Dacusville Township shall
receive a salary of fifty dollars, and all others in the County
shall receive forty dollars : Provided, . The Magistrate who special pro-
may be appointed to reside at Calhoun shall be appointed on the M^agfgtraTe at
recommendation of the Board of Trustees of Clemson College, Caihoun.
and shall also have jurisdiction to enforce the ordinances of
said Board; and to punish offenses against the same; but said
Magistrate resident at Calhoun shall have no jurisdiction in the
County of Oconee, and the Magistrate now resident at Clem-
son College shall have no jurisdiction in Pickens County : And
Provided, further, That all fees collected by said Magistrate at
Calhoun shall be turned over to the County Treasurer of Pick-
ens County.
Sec. 1038. Richland County— The Governor is authorized, by j „ ^1^1^*^^^
and with the advice and consent of the Senate, to appoint nine beT^anA s"aiar-
Magistrates for the County of Richland, to be located as is here-'^^ °^-
inafter provided and mentioned, which Magistrates shall ^^- ^oo^^frfW'.',
ceive as compensation for their services in criminal cases and on 481.
inquests when acting as Coroner, in lieu of all costs and fees,
annual salaries as follows : Two Magistrates at Columbia, to
receive a salary of eight hundred dollars each ; one at East-
over, to receive a salary of one hundred and twenty dollars ;
one at Gadsden, to receive a salary of sixty dollars ; one at
Camp Ground, to receive a salary of sixty dollars ; one at
Davis, to receive a salary of sixty dollars ; one at Killian's,
to receive a salary of sixty dollars ; one at Hopkins, to receive
a salary of ninety dollars ; one at Garner's, to receive a salary Authorized
of sixty dollars ; and one at Wateree, to receive a salary of fifty c^nPtPg^ks;
dollars. Each of said Magistrates is authorized to appoint a "^i™^|s J^ " ^
person to act as Constable in serving and executing processes
CIVIL CODE
issued by him, who shall give the bond and take the oath re-
quired by law. The Constables so appointed shall receive as
compensation for their services in criminal cases, and in lieu
of all costs and fees therefor, annual salaries as follows : The
Constables at Columbia, three hundred dollars each; the Con-
stable at Eastover, ninety dollars ; the Constable at Camp
Ground, sixty dollars ; the Constable at Hopkins, ninety dol-
lars ; the Constable at Davis, sixty dollars ; the Constable at
Killian's, sixty dollars ; the Constable at Garner's, sixty dollars ;
the Constable at Gadsden, sixty dollars : Provided, That said
Constables shall be entitled in addition to their salaries to mile-
age five cents per mile each way for carrying persons to jail
under commitment.
in Mfudrco.^ ^®^- ^^"^^- Saluda County— That in Saluda County there
iQoi XXIII shall be five Magistrates, and the said County is divided into five
^^9- Judicial Districts, as follows, to wit : No. i and all of No. 2
Township, North and East of the public road leading from Mt.
Willing to the Sardis Road, thence along the Sardis Road to
where it intersects with the Columbia Road near Bethel Church,
thence in direct line to the line of Aiken County. No. 2, that
part of No. 2 Township not included in No. i Judicial District
and No. 7 Township. No. 3 Township and that portion of No.
5 Township North of the road leading from Saluda Court
House by way of Bl'ease Cross Roads to Chappell's Bridge
across Saluda River. No. 4, that part of No. 5 Township not
included in No. 3 Judicial District and No. 6 Township. No. 5,
No. 4 Township. Each of said Magistrates shall receive a sal-
ary of seventy-five dollars per annum, payable quarterly, except
the Magistrate in the Fifth Judicial District, whose office shall
be at Saluda Court House, and who shall receive one hundred
dollars per annum. Each Constable appointed by each of
said Magistrates shall receive seventy-five dollars per annum
payable quarterly: Provided, That the Magistrate for said
Fifth Judicial District shall have no Constable, and in criminal
cases the Sheriff of said County shall perform all the duties
now required of the Constables of said District, and shall re-
ceive therefor the sum of one hundred dollars.
in s^aTtanbur^ ^^^- '^^^^' Spartanburg County — Eighteen Magistrates shall
thd?*^^ Confta'^ ^^ appointed in and for the County of Spartanburg, two of
bies; duties of ^hQj^ gh^ll reside and have their offices in the city of Spartan-
Magi strates, ■' ^
salaries, &c. burg. The Said Magistrates shall be paid for their services
^1901, XXIII, annual salaries, payable quarterly on the first day of January,
OF SOUTH CAROLINA.
April, July and October, as follows : The Magistrates in the
city of Spartanburg, each two hundred and fifty dollars ; the
Magistrate at Clifton, one hundred and twenty-five dollars ;
the Magistrates at Woodruff and Duncans, each seventy-five
dollars; the Magistrates at Glendale, sixty-five dollars, and all
others in said County, each fifty dollars. Each of said Magis-
trates shall make and file with the County Board of Commis-
sioners, at the end of each quarter, an itemized, verified ac-
count of all costs, fees, fines, penalties and forfeitures col-
lected by him in criminal cases during the quarter, and make
oath that the same have been paid over to the County Treasu-
rer, and he shall file at the same time, with said Board, a sepa-
rate itemized, verified account of all moneys received by him or
due to him as fees or costs, or in any other manner, as pay for
his services as Magistrate during said quarter, and the same
time he shall exhibit his civil and criminal dockets to said
Board for inspection and examination. No warrant shall be
issued by said Board for the salary of any Magistrate who fails
to comply with the foregoing requirements. They shall not be
allowed any extra compensation for holding inquests, except
upon affidavit that the Coroner failed, after twelve hours' no-
tice of the finding of the dead body, to appear and hold such
inquest ; the expense of such notice to be paid by the Coroner.
Each of said Magistrates may appoint a regular Constable,
whose term of office shall be co-terminal with that of the Magis-
trate appointing him, unless sooner removed by such Magis-
trate. Each Constable shall be entitled to charge and receive Costs of Con-
the costs and fees provided by law for costs of Constables.
Each Constable shall make and file with the County Board of
Commissioners, at the same time that the Magistrates are re-
quired to file their accounts, an itemized, verified account
against the County for his services according to the allowances
in said Section, and he shall make oath that he has turned over
to the Magistrate under whom he is acting all costs, fees, fines,
penalties and forfeitures collected by him in criminal cases dur-
ing the quarter, and he shall file at the same time with said
Board an itemized, verified account of all moneys received by or
due to him as fees, costs, or in any other manner, as pay for his
services as Constable during said quarter, and not paid over
to the Magistrate under whom he is acting ; and the account of
no Constable shall be audited or paid by the Board until he
complies with the foregoing requirements. Before the account
26.— C
CIVIL CODE
of any Constable shall be audited and paid, the Magistrate,
under whose authority he is acting and the services were ren-
dered, shall endorse thereon an affidavit that he has carefully
examined the said account, and that the services therein charged
for were actually rendered in the execution of papers issued by
stable "^^ *^°" "^^j ^"^ ^^^^ ^^ verily believes that the account is just, true
and correct in every particular. Each of said Magistrates may
also appoint in writing, special Constables, when in their judg-
ment the public weal requires it, who shall be paid as regular
Constables, the accounts of such special Constables being filed
and verified in all respects as required herein in the case of a
Who may regular Constable. It shall be unlawful for any of said Magis-
pointed ^ Con- tratcs to appoint as Constable to serve or execute any paper or
stable. process issucd by him, any person who is interested in the ser-
vice or execution of such paper or process, or in the employment
of any such person ; and any Magistrate who wilfully or know-
ingly violates the provisions of this section, shall be guilty of a
misdemeanor, and upon conviction shall be fined five dollars or
imprisoned five days. The County Board of Commissioners of
said County are hereby authorized and empowered to furnish
criminal blanks to the Magistrates of said County : Provided,
That not more than fifty dollars per annum shall be expended
for said purpose : Provided, further, That the accounts of
Magistrates and Constables may be audited and paid by the
County Board of Commissioners of said County without being
itemized as hereinbefore required, if the same cannot be item-
ized on account of the loss or destruction of the books in which
they have been kept.
in s^mtf/co' S®c- 10^^- Sumter County — There shall be eight Judicial
i8 7 XXII Districts in the County of Sumter. The First District shall
4^^- comprise the Townships of Sumter, Concord and a portion of
Swimming Pens — DesChamp's Mills to Swimming Pens; the
Gillard's Cross Roads to Sumter. The Fourth District shall
comprise the townships of Statesburg, Rafting Creek and a
portion of Providence, the line being the Camden Road from
city of Sumter. The Second District shall comprise the Town-
ships of Privateer and Manchester. The Third District shall
comprise the townships of Statesburg, Rafting Creek, and a
portion of Providence, the line being the Camden road from
Gillard's Cross Roads to Sumter. The Fourth District shall
comprise the townships of Spring Hill, Eastern portion of
Providence, being all of that township not embraced in Third
OF SOUTH CAROLINA.
District, all of Swimming- Pens Township except that portion
embraced in First District. The Fifth District shall comprise
the Townships of Bishopville, Carter's Crossing and that por-
tion of Mt. Clio North of the road leading from Mannville to
Field's Bridge on Lynches River by the way of Wisacky; the
Magistrate of this district shall have his office in the town o£
Bishopville. The Sixth District shall comprise the Township
of Shiloh, that portion of Lynchburg East of Blick River to
Cooper's Mill, thence East to Lynches River; the Magistrate
of this district shall have his office either at Magnolia or Lynch-
burg. The Seventh District shall comprise the township of
Mayesville, that portion of Lynchburg not included in the Sixth
District, and that portion of Mt. Clio not included in the Fifth
and Sixth Districts ; the Magistrate of his District shall have his
office in the town of Mayesville. The Eighth District shall com-
prise the Township of Middleton ; the Magistrate of this Dis-
trict shall have his office at Wedgefield. The salary of the Mag-
istrate of the First District shall be three hundred and fifty dol-
lars per annum, and the salary of the Constable of the
Magistrate of the First District shall be two hundred dollars
per annum. The salaries of the Magistrates of each of
the other Districts shall be one hundred and twenty-five dollars
per annum, and the salary of the Constables of each of the Dis-
tricts, except that of the First District, shall be one hundred and
twenty-five dollars per annum.
Each Magistrate shall be a resident of the Judicial District
for which he is appointed, and shall reside therein during his
term of office. In all criminal actions triable by them, said
Magistrates shall have exclusive jurisdiction within the limits
of their respective Districts.
Sec. 1042. Union County — There shall be appointed one .^ Sn'co"
Magistrate for each township in Union County except in Pinck- ^^^^^ xxiii,
ney Township in which there shall be two appointed, one at or ^^o.
near Kelton and one who shall have his office at Lockhart
Shoals. The Magistrate for Jonesville Township shall have his
office at Jonesville, and shall receive a salary of seventy-five dol-
lars per annum, and his Constable shall receive the same ; (the
Magistrate for Fish Dam Township shall receive a salary of
seventy-five dollars per annum, and his Constable shall receive
the same), the Magistrate for Union Township shall have his
office at Union, receive a salary of three hundred and fifty
dollars, have jurisdiction throughout the County, and have
CIVIL CODE
his papers served and executed by the Sheriff ; each of the other
Magistrates of the County shall receive a salary of fifty dol-
lars, and may appoint a Constable, who shall receive the same
salary as the appointing Magistrate : Provided, In civil cases
the Sheriff shall receive the same fees as are now allowed by
law to Magistrates' Constables for like services. The Super-
visor of the County shall furnish all Magistrates with blanks
for criminal cases. In prosecution cognizable by the Courts of
General Sessions, said Magistrates shall each have jurisdiction
throughout the limits of the County. But prosecutions and
civil actions may be removed from one Magistrate to another
for the same causes and in the same manner as is now provided
by law, and the Courts of Common Pleas shall have concurrent
jurisdiction in all civil actions triable by said Magistrates. In
cases of sickness, absence or temporary disability of any Magis-
trate, the nearest Magistrate is hereby authorized to hear and
determine any cause that may arise within the jurisdiction of
the Magistrate so absent, sick or disabled as aforesaid,
i n ^wiiiTam^s^ ^^^' ^^^^- Williamsburg County — There shall be appointed
burg County, j-gj^ Magistrates in Williamsburg County. The Magistrates at
1899, XXIII, Kingstree and Lake City shall receive seventy-five dollars each,
and all other twenty-five dollars each. Each of said Magistrates
shall have the right to appoint one Constable, who shall receive
the same salary to be paid in the same way, as that of the Magis-
trate appointing him ; the said salary shall be in lieu of all costs
in criminal cases : Provided, That in cases where any of said
Magistrates shall hold inquests, he shall be entitled to the same
fees as the Coroner for the performance of like services,
g 1^901, XXIII, Sec. 1044. York County — The Judicial Districts of Magis-
trates for York County in criminal cases shall be as follows :
The first District shall embrace Broad River Township; the
Second District shall embrace Bullock's Creek Township; the
Third District shall embrace Bethesda Township ; the Fourth
District shall embrace York Township ; the Fifth District shall
embrace King's Mountain Township ; the Sixth District shall
embrace Bethel Township; the Seventh District shall embrace
Fort Mill Township ; the Eighth District shall embrace Ebene-
zer Township, outside of the limits of the City of Rock Hill ;
the Ninth District shall embrace Catawba Township and that
portion of Ebenezer Township lying within the incorporate lim-
its of the City of Rock Hill. There shall be appointed a Ma-
gistrate for each of said districts, each of whom shall have
OF SOUTH CAROLINA. 405
A. D. 1902.
civil jurisdiction over the entire County. The said Magistrates "^^^^^-^^
and their Constables shall receive from said County as com-
pensation for their services, and in lieu of all fees and costs in
criminal cases, the following salaries, to w^it: Magistrates and
their Constables in the First, Second, Third and Sixth Districts
shall each receive eighty dollars per annum ; in the Fourth Dis-
trict the Magistrate and his Constable shall each receive three
hundred dollars per annum; in the Fifth District the Magis-
trate and his Constable shall each receive one hundred dollars
per annum ; in the Seventh District the Magistrate and his Con-
stable shall each receive one hundred and twenty dollars per an-
num ; in the Eighth District the Magistrate and his Constable
shall each receive one hundred dollars; in the Ninth District
the Magistrate and his Constable shall each receive three hun-
dred and twenty-five dollars per annum.
In all prosecutions triable by them, the said Magistrates shall dictL^n.''' ^'''"^'
each have exclusive jurisdiction within the limits of his own 1886, xix.,
district ; and in prosecutions cognizable by the Court of General ^ss-
Sessions, they shall have jurisdiction throughout said County :
Provided, That prosecutions may be removed from one Magis- pr^e^utloL °^
trate to another for causes and in the manner now provided by
law: Provided, further. That a criminal prosecution originat- Provisos.
ing outside of his Judicial District may be begun or heard by
any one of the foregoing Magistrates in case the party seeking
relief shall make and file with him an affidavit that the Magis-
trate of the Judicial District where the case originated, or the
offense for which prosecution is brought, was committed, is in-
capacitated, by sickness, absence, interest or otherwise, to act :
Provided, further. That nothing contained in this Section shall
be construed to interfere with the endorsing of warrants by a
Magistrate in order to authorize their execution, or with the
execution or service of warrants and other papers in any por-
tion of the said County, or with the jurisdiction of two Magis-
trates sitting together in cases now provided by law.
Sec. 1045. The Masristrates in Sumter, Barnwell, Orange- Service of pro-
° ' ' '^ cess in Magis-
bursf and Fairfield Counties for whom there are Constables ap- trates' Courts
° .incertam
pointed with fixed salaries shall not be authorized to place their Counties regu-
■'- . lated.
warrants or other criminal process in the hands of the Sheriffs — ;:r-—
. 1897, X-Vii,
of said Counties for service unless, at the same time, they 445 ;^ 'i*oi,
. . , XXIII., 831.
make and file with the said Sheriff their certificate, settmg fortn
that at the time there is a riot or other disturbance, or sufficient
cause, stating the cause, in the locality which renders it impos-
4o6
CIVIL CODE
A. D. 1902.
sible or inexpedient to have the same served by the regular Con-
stable ; and the account of the Sheriff for any such service shall
not be allowed or paid unless vouched by and based on such cer-
tificate : Provided, That when such process is served by the
Sheriff of Fairfield County, he shall not receive therefor any
compensation in addition to the salary allowed to him by law.
ARTICLE IX.
Constables.
Sec.
1046. How chosen or appointed ;
term ; residence.
1047. How to qualify, bond, &c. ;
deputations.
1048. Oaths of office.
1049. May act throughout County ;
exception.
1050. Execution and return of pro-
cess.
1051. Service of process ; how made.
Sec.
1052.
1053.
1054.
1055.
Executions ; when and how
returned.
Liability for neglect to en-
force or return executions ;
breach of bond.
Oppression in office, &c., lia-
bility in civil action ; pro-
viso.
To attend Circuit Courts
when required.
There can be no regularly commissioned Constable in the State, under Const.,
Art. IV., the Legislature not having directed how he shall be elected. — Tinsley v.
Kirby, 17 S. C, i.
How chosen Sectloii 1046. Constablcs shall be chosen in each County by the
•mtresidence qualified ckctors thereof, in such manner as the General As-
s. ggj.sembly shall direct, for the term of two years. They shall re-
G.
R. S
§ 20;
XVI
1879,
Con., Art.^v.', sidc in the County, City or Township for which they are elected.
_^ ^71^; Each Magistrate of the State may appoint one person to dis-
'^^^^■' charge the duties of Constable within the jurisdiction of such
Magistrate, and, the Constable so appointed shall receive the
compensation provided by law. He shall hold his office for the
term of tvvo years, subject to removal by the Magistrate ap-
pointing him.
Sec. 1047. When any person shall be elected or appointed to
- „ „^ - the office of Constable, he shall repair to the Clerk's office of the
G, S. 864; ^
\ ^T ^ r' ' Countv, and, together with the evidence of his election or ap-
1839 XL, 80, . - ' * ^
§§2, 3; XV., pointment, he shall lodge his bond, in the form prescribed by
332. ' ' law, ill the penalty of five hundred dollars, with good sureties,
not less than two, nor more than five, to be approved in writing
by the Clerk ; and, upon taking the oaths herein prescribed, such
How to qual-
ify.
OF SOUTH CAROLINA.
person shall be entitled to a certificate from the Clerk that he
has filed his bond and taken the requisite oaths, and shall
thenceforth be regarded as a regularly qualified Constable ; nor
shall any person not so qualified exercise the powers of a Con-
stable : Provided, That nothing herein contained shall prevent
a presiding Judge, or a Magistrate, or a Coroner, from ap-
pointing a Constable to act by virtue of such appointment only
on a particular occasion, to be specified in writing ; but no Ma-
gistrate shall deputize the person swearing out a warrant in
any case to serve the same.
Appointment should be in writing. — State v. Cohen, 13 S. C, 198. Minor may
be appointed to act as special constable. — Tinsley v. Kirby, 17 S. C, i; McConnell
V. Kennedy, 29 S. C, 180; 7 S. E., 76. But a minor cannot hold the office, as
he cannot give bond. Ih.
Sec. 1048. Every Constable shall, before receiving the certi-.
Oaths.
ficate provided for in the last Section, take the following oaths : ^ ^^-g^- gg^j
the oath prescribed by the Constitution for civil officers, and also |§|^^' ^^'\^2°g,
several additional oaths prescribed by Section 582. ^^•' 384, §4-
Sec. 1049. When not otherwise specially provided by ^^'^ t\^Jo°azhout
ever}^ qualified Constable shall be entitled to exercise his office County.
throughout the County in which he may be elected or appointed, j^ ^-g^- ^^^1
Sec. 1050. A Constable is authorized, and he shall be bound, |J39, xi-. 8°.
faithfully and promptly : and°returran
1. To execute all processes lawfully directed to him by com- f^ °'^"|^^g|^fo
patent authority. Sn and'^at
2. To make return, on oath, to the person issuing the pro- g^^'j^^g^^fg^;
cess, to be endorsed in writing on the same, of his proceedings ^ |^ |. ^ fj^j^^f
by virtue of it. _ l^^^or ^11
3. In every case where he may levy an execution, or serve ^T^lly^X'ed°\un-
attachment on personalty, he shall specify, by endorsement on is^ment.
the execution or attachment, or by schedule thereunto annexed, ^^^ ^- ^04-907!
a list of every article so levied on or attached, and forthwith ^^ •' p^rocedur'e!
lodge a copy of such list with the person issuing the process ff^y\ xvii.!
under which he acts. In all cases of sale by a Constable, he '9^-
shall give fifteen days' notice, by advertisement at two of the
most public places in the neighborhood, of the time and place of
sale. And in default of paying over the amount of any debt
collected to the party entitled or his lawful agent, or to the Ma-
gistrate, upon demand, or in default of returning to the defend-
ant, upon demand, any overplus which may be in the hands of
the Constable, he shall be liable to pay, in either case, to the ■
party in interest and entitled to receive, the original sum, and
interest thereon at the rate of ten per centum per month, re-
CIVIL CODE
coverable before a Magistrate, if not more than one hundred
dollars in amount; if greater, before the Court of Common
Pleas.
Property sold by the Constable is still subject to the lien of a senior judgment in
the Court of Common Pleas. — Carrier v. Thompson, ii S. C, 79; Kerr v. Mont-
gomery, I Hill, 277; Robinson v. Caspar, i Hill, 286; Lemmond v. Short, 3 Strob.,
313. As to recovery of the excess, see Treasurers v. Temples, 2 Speer, 48; Etters
V. Wilson, 12 Rich., 145.
c u t^"^*or(fers^ Every Constable appointed by a Magistrate shall be bound to
^ate°^appomt- execute, wiien required, every lawful order, judgment and de-
ing him. termination of said Magistrate or his Court.
R S Qo8- 7& ' State v. Greenwood, i Mill, 420; Foster v. Gault, 2 McM., 335.
^'' ^ ^' See. 1051. The service by a Constable of all process in the
proc^ssI"^h o°w J^^ture of a notice for personal appearance shall be by deliver-
'^^^^' ing to the party a copy of the same, or by leaving the same at
R. ^'pop;^/^.!^^^ most notorious place of residence.
^' ^ ^^' Leaving at residence sufficient.— Henneman v. Thompson, 8 S. C, 117. Must
be proved by affidavit. — State v. Cohen, 13 S. C, 198. Or by acceptance. — Benson
v. Carrier, 28 S. C, 119; 5 S. E., 272; Bradley v. Bell, 34 S. C, 107; 12 S. E., 1071.
Execution; Sec. 1052. It shall be the duty of cvcry Constable with whom
when and how , , ,
returned. an cxccutiou is lodgcd for collection to proceed forthwith to
G. s. 874; execute the same, according to its exigency, unless ordered by
1846 XI, 360' the party in whose favor the same was issued to wait ; and everv
§1; Code Pro., i' -^ _ ' -
§ (88), 11 12. execution shall be returned to the Magistrate by whom it was
issued within sixty days from the date, and the Constable mak-
ing such return shall set forth the full execution thereof, or the
reasons for his failure.
Protection in executing. — Hunter v. McElhaney, 2 Brev., 103; Brown v. Wood,
I Bail., 457; Foster v. Gault, 2 McM., 335; Taylor v. McKeown, 12 Rich., 251;
Bragg V. Thompson, 19 S. C, 572; Goodgion v. Gilreath, 32 S. C, 388; 11 S. E. 207.
negiS^'to S Sec. 1053. When any Constable fails to do his duty in the
turn^ e x e c tT- enforcement or return of an execution, the party in whose favor
of "bond '''^^^'^^ ^^^ same may have been issued may apply to any Magistrate
^ — ^ — 875^^°-^ ^ ^^^^^ against such defaulting Constable, requiring him to
f 8 4 1' x^i ' ' show cause, after the expiration of two days from the service
360, § 2. Qf sMzw rule, why the execution has not been enforced or re-
turned, and on his failing to show cause sufficient the said Ma-
gistrate may order same to be made absolute, and the Constable
shall be liable for the debt, interest and costs, and if he be un-
able to pay the same such liability shall be construed a breach
of his official bond, and the same shall be recoverable in an ac-
tion thereon against his sureties.
Davenport v. Corley, i Bail, 594; Foster v. Gault, 2 McM., 335; State v. Stag-
gers, 12 Rich., 286; Tinsley v. Kirby, 8 S. C, 113-
Sec. 1054. For oppression in office, whether by undue per-
sonal violence, cruelty, taking an amount of property in unreas-
OF SOUTH CAROLINA.
enable proportion to the sum to be collected, or for any wilful
official misconduct, habitual negligence, habitual drunkenness, j^ .^ce^^Sc"^
or fraud, a Constable shall be liable to an action for damages ijabmty in dv-
' '-' 11 action; pro-
by the party aggrieved; but if in any such action the plaintiff y^f^^
fails to recover, he shall be liable to be mulcted in double or^ ^^-^s. 869;
' K. b. 912;
treble costs, by order and at the discretion of the presiding ^839. xi., 81,
Judge.
State V. Greenwood, i Mill, 420; State v. Williams, 2 Speer, 26.
See. 1055. All or so many of the Constables of any County ^^^^J^P §"yj.\g
as may be thereto required by the Sheriff shall be bound to at- when required
tend any of the Circuit Courts, shall be officers of Court, and „ g. s. 871 ;
•^ ' ' R. S. 913; lb.,
perform the appropriate duties and services assigned them by §9; 1816, vi.,
the Sheriff and presiding Judge ; and each Constable so attend-
ing shall be entitled to receive the compensation of one dollar
and fifty cents for each day's attendance.
TITLE VII.
OF PUBLIC CHARGES.
Chapter XXL Paupers.
Chapter XXII. Pensions.
Shc.
1056. County
CHAPTER XXI.
Paupers.
Board of Commis-
sioners to be Overseers of
the poor.
1057. How legal settlements may be
acquired.
1058. Overseers to care for persons
of other places ; expenses,
how recovered.
1059. To notify Overseers of proper
County and request removal.
1060. How removed, if request not
complied with.
Sec.
1061. The notice and answer may
be sent by mail ; proviso.
1062. Charleston and Columbia may
provide for their own poor
respectively.
1063. Overseers to make annual re-
turn to Secretary of State :
nature of the return ; Sec-
retary to furnish blanks.
1064. Secretary of State to trans-
mit abstract of returns to
General Assembly.
See Sees. 785 to 792, ante, as to duty of the County Board of Commissioners to
provide for the poor.
410 CR^IL CODE
A. D. 1902.
^"""^-"^^ Section 1056. The County Board of Commissioners shall, until
seeTs of 'po^o'r Otherwise provided by law, be Overseers of the County Poor
Fara Ao make House and Farm, and shall have povirer and authority to make
Suplrinfen^deSt ^H neccssary rules and regulations for the government of the
to pro'vide^'em- Same, and to appoint a Superintendent, with such assistants
fnmat'es!*^ &c.! ^s may be needed. They shall also have the power, and it shall
cruer°'punish°be their duty, to provide such employments as will be best
men a o^e . g^jj-g^j ^q |-j^g jnmates of the Poor House ; and to see that every
I 8 70, 'xiv.', such poor person, able to work, is employed at some kind of
^ ^' labor ; and to dispose of all articles manufactured, and all pro-
duce raised on said Farm, in such manner as may be most
profitable : Provided, That the proceeds accruing from sales of
produce, from rents, or other sources, shall be faithfully ap-
propriated to the support of the poor in said County : And pro-
vided, further, That no unusual or cruel punishment shall ever
be allowed in any Poor House in this State.
tiem'ents may Sec. 1057. Legal Settlements may be acquired in any County,
acquire ^^ ^^ ^^ obligc such County to relieve and support the persons
R. s. 914; ih!, acquiring the same, in case they are poor and stand in need of
^^°' ^' relief, in the manner following, namely :
I. Of mar- I St. A married woman shall follow and have the settlement
of her husband, if he has any within the State ; and otherwise,
her own at the time of marriage, if she then had any, shall
not be lost or suspended by the marriage.
ma'te children. 2d. Legitimate children shall follow and have the settle-
ment of their father, if he has any within the State, until they
gain a settlement of their own ; but if he has none, they shall,
in like manner, follow and have the settlement of their mother,
if she has any.
4. Of citizens 3d. Illegitimate children shall follow and have the settle-
ment of their mother at the time of their birth, if she then has
any within the State; but neither legitimate nor illegitimate
children shall gain a settlement by birth in the County where
they may be born, if neither of their parents then has a settle-
ment therein.
3. Of iiiegiti- 4th. Any person of the age of twenty-one years, being a
' citizen of this or any other of the United States, who has lived
for three successive years in any County, and who has during
that time maintained himself and family, shall be held to have
acquired a legal settlement therein.
County not bound to support child who has left it. Lynah v. Commissioners,
2 McC, 170.
OF SOUTH CAROLINA.
Sec. 1058. The Overseers of the Poor, in their respective
cities or Counties, shall provide for the immediate comfort Overseers to
' ^ care for per-
and relief of all persons residing or found therein, having law- ^°"^ °^ -^^^eZ
ful settlements in other places, when they fall into distress and p^^|^|'^^°'' '■^'
stand in need of immediate relief, and until they are removed — ^ s^siT^
to the city or County of their lawful settlement; the expenses l^- ^- ^is; ib.,
whereof, incurred within three months next before notice is
given to the place to be charged, as also of their removal, or
burial, in case of their death, may be recovered by the city or
County incurring the same, against the city or County liable
therefor, in an action at law, to be instituted within two years
after the cause of action arises, but not otherwise.
Sec. 1059. The Overseers of the Poor of any city or County oveTseer"°*o t
may send a written notification, stating the facts relating to p^^^"^^"" ^j.°^'^^^-
any person actually become chargeable thereto, to one or more fen^Q'^'ai-
of the Overseers of the city or County where his settlement is ^^ ^"gfe-^/b'
supposed to be, and requesting them to remove him, which 37i. §7-
they may do by a written order directed to any person therein
designated, who may execute the same.
Sec. 1060. If such removal is not effected bv the last men- ^How remov-
ed, if request
tioned Overseers within one month after receiving the notice, ^ p t complied
with.
they shall, within the said one month, send to one or more of the-
G. S. 885,
Overseers requesting such removal a written answer, signed R- s. 917; -'fc-.
by one or more of them, stating their objections to the re-
moval ; and if they fail to do so, the Overseers who requested
the removal may cause the pauper to be removed to the city or
County of his supposed settlement by a written order directed
to any person therein designated, who may execute the same;
and the Overseer of the city or County to which the pauper is
so sent shall receive and provide for him ; and such city or
County shall be liable for the expenses of his support or re-
moval, to be recovered in an action by the city or County in-
curring the same, and shall be barred from contesting the same
question of settlement with the plaintiff in such action.
Sec. 1061. The notification and answer mentioned in the two The notice
preceding Sections may be sent by mail; and such notification ^"y'^ be senrby
or answer, directed to the Overseer of the Poor of the city nr""^''' p^°^^^°-
County intended to be so notified or answered, postage pre- r. f'. gis'; fs^/ol
paid, shall be deemed a sufficient notice or answer, and shall ^^^■' ^^^' ^^'
be considered as delivered to the Overseer to whom it was di-
rected at the time when it is received at the postoffice of the
city or County to which it is directed, and in which the Over-
CI\'IL CODE
seer resides : Provided, That said letter of notification be regis-
tered.
See Criminal Code for penalty for importing paupers into any city or County.
and^CoSia ^60. 1062. The citv authorities of Charleston and Colum-
Sr tiiek °oi^n ^i^ shall be allowed, and it shall be their duty, to provide for
tiveiyy* ''^^^''" the care of the poor within the limits of their respective cities ;
Q g_ ggg. and the County Board of Commissioners of Charleston and
R.^s. 920; lb., Richland Counties shall, when they levy a general poor tax
for their Counties, except from the payment of the same the
said cities of Charleston and Columbia: Provided, That the
aforesaid authorities of the cities of Charleston and Columbia
shall have made adequate provision for the support of their
poor.
mak'eTnnul°i Sec. 1063. The Overseers of the Poor of each city and
reS™of°stS; County in this State shall, on or before the first day of No-
?em'm; °Sec'?e^ vcmbcr of cach year, make and return to the Secretary of State
•f^'bia'^iks^."™" a statement of the paupers in each city or County as they were
G. s. 890: during the year ending the thirtieth day of September pre-
§^3f"xv!,'/;^7.' ceding, which return shall contain true and correct answers
to the following inquiries : "What number of persons have been
relieved or supported by your County (or city) during the year
ending September 30th? Of those, how many have a legal
settlement in your County or city? How many are foreign
bom? How many colored? How many white? Have you a
Poor House? What number of acres of land is attached to
your Poor House? "What is the present estimated value of
your Poor House establishment? Real Estate? Personal?
\\'hat number of persons have been supported in your Poor
House during the whole or any part of the year ? A^'hat is the
average number supported in the Poor House? What is the
average Aveekly cost of supporting each pauper in the Poor
House? What number of persons have been inmates of your
Poor House Avho are unable to perform any kind or amount
of labor? What is the estimated value of all the labor per-
formed by the poor in your Poor House ? What Avas the kind
and quantity of crops raised on the Poor Farms ? The value
of that sold ? The estimated value of that retained for use on
the Farm? How many persons, including the families, have
you supported out of the Poor House during the whole or a
portion of the year? W^'hat is the average weekly cost of sup-
porting each pauper out of the Poor House? How many have
vou aided out of the Poor House? How manv have vou re-
OF SOUTH CAROLINA.
lieved who were insane ? How many who were idiots ? What
number of your poor, supported at the pubHc charge, have been
made dependent by intemperance in themselves? What num-
ber by intemperance in those who ought to have been their
supporters? What is the total net cost of supporting or re-
lieving the poor in your County or city during the year, in-
cluding interest on your Poor House establishment? How
many are supported in your Poor House at the present time?
How many are supported out of the Poor House at the present
time? How many are assisted out of the Poor House at the
present time? They shall, at the same time, make correct re-
turns of all children in such County or city, under fourteen
years of age, who are supported at the public charge, specify-
ing therein the name, age, sex and color of each. And the
Secretary of State shall furnish County Commissioners of
every County, and the Overseers of the Poor of each city in
the State, with blank forms of returns, which shall contain, in
substance, the foregoing interrogatories.
Sec. 1064. The Secretary of State shall, on or before the stfte" o Y/ans-
first day of December of each year, make out an abstract of the mum \^o^Gen-
returns made to him, together with such explanatory remarks ^^^^ Assembly.
922;
as he deems proper, and, through the Governor of the State, r.*^' s^'
transmit the same to the Legislature. 37^2^ §14;^ 87^!
See State Hospital for Insane, post, for provisions as to pauper lunatics. XV., 457.
Tlie provisions of Chapter XXII., Sees. 926-938, of the Revised Statutes of
1893; and Sees. 900-910 of the General Statutes of 18S2 in reference to the estate
of Dr. John De LaHowe, the Downer Fund and the Beresf ord Fund, are omitted
in this Code, because they are special, and not general, in their nature.
CHAPTER XXII.
Pensions.
Sec. Sec.
1065. Pensions provided for certain 1076. County Board, how consti-
soldiers and sailors. tuted, election, &c.
1066. Who are entitled to them. 1077. Provision for Township with
1067. In what amounts. no resident qualified to serve
1068. Application, contents, &c. as its representative.
1069. Certificate of Auditor, con- 1078. State Board of Pensions ; how
tents, &c. i constituted, clerk, &c.
1070. County Pension Board, duties. I 1079. Compensation of Pension
1071. Report to State Board. ' Boards.
1072. State Board to act on such ■ 1080. Provisions for Counties with-
report. out Pension Boards.
1073. Examinations of applicants I 1081. Comptroller General to issue
by County Board. ^ warrants for amounts due.
1074. List of applicants to be kept j 1082. Comptroller General to pre-
by County Board. ' pare forms.
1075. State Board to revise such 1 1083. Names of pensioners omitted
list. I by mistake co be re-instated.
414 CIVIL CODE
A. D. 1902.
"^^'^'^ ' Sec. 1065. The sum of at least one hundred and fifty thous-
tion ^for "'^ en- ^^^ dollars shall be annually appropriated to pay the pensions
federate^ ?oX Provided for by this Chapter, and in case the same, or such
'^^^'^^- amount as shall be appropriated, shall be insufficient, then the
^^^^: ^^g' amount so appropriated shall be distributed proportionately
^^^^•'jj^j^jj' among those legally entitled to receive the same: Provided,
xxili ^-^-4 ^' That those pensioners described in subdivision (a). Section 4,
herein, shall have been first paid in full : Provided, further. In
case the same or such amount as shall be appropriated, shall be
more than sufficient, then the amount so appropriated shall be
distributed proportonately among all those legally entitled to re-
ceive the same.
State V. Derham, 6i S. C, 258; 38 S. E., 857; 39 S. E., 379.
Who entitled Soc. 1066. The applicant must have been a resident of the
^^ — State for two years prior to the time of the application.
409.°°' ' ' In order to obtain the benefits of this Chapter, the applicant
qualified by residence must also show :
(A) If a man.
1st. That he was a bona fide soldier or sailor in the service in
the State, or in the Confederate States, in the War Between
the States ; and
2d. Either (a). That while in such service he lost a leg or
arm, or received other bodily injury whereby he has become
disabled ; and further, that neither himself nor his wife has an
income exceeding one hundred and fifty dollars per annum, nor
property sufficient to produce such an income; or (&) that he
has reached the age of sixty years, and that neither he nor his
wife is receiving an annual income of seventy-five dollars from
any source, nor possessed of property sufficient to produce such
an income.
(B) If a woman.
1st. That she is the widow of a man who was a bona fide
soldier or sailor in the service of the State, or of the Con-
federate States, in the War Between the States ; and
2d. That she has never remarried ; and
3d. That either (a) she is sixty years of age, or (b) that her
husband lost his life in the service of the State, or of the Con-
federate States, in the War Between the States ; and
4th. That she has not an income of one hundred dollars per
annum, nor property sufficient to produce the same.
Widow who has remarried and is again a widow not entitled to pension. — State
V. Verner, 30 S. C, 227; 9 S. C, 113.
OF SOUTH CAROLINA.
Sec. 1067. The persons described in the preceding^ sections
shall be entitled to a pension upon complying with the other ^^^^^^^^ ^^'^^^
provisions of this Chapter, and shall be paid the amounts here- j^
inbefore set forth, to wit :
(a) All soldiers and sailors who lost both arms or both legs,
or sight, or who are physically helpless, the sum of eight dollars
per month.
(b) All soldiers or sailors who lost one arm or leg in the
said service, the sum of four dollars per month.
(c) All other persons entitled to pensions under the pro-
visions of this Chapter, the sum of three dollars per month : Pro-
vided, That all soldiers and sailors, now citizens of this State,
who were in the service of the State, or of the Confederate
States, in the War Between the States, and who are totally dis-
abled by paralysis, and who have no income, and who are un-
able to make a living, shall receive pensions as provided for by
this Chapter the same as those under Class "A" of this Section.
Sec. 1068. Before any soldier or sailor shall receive any pay- ^ Applications
•^ . for pensions —
ment provided in this Chapter he shall make an application, in how and to
^ ^ . whom made.
writing, through the township representative, addressed to the r:
County Pension Board, to be appointed as hereinafter directed
for each County of the State, setting forth in detail the nature
of the disabling wound, if any, the company and regiment or
battalion in which he served, and the time and place of re-
ceiving the wound, and showing that neither he nor his wife
is in receipt of the income as hereinafter specified, and show-
ing, further, the time and place of residence within the State
by the applicant. Such application shall be verified by the
oath of the applicant, made before any officer in the State
authorized to administer oaths, and shall be accompanied by
the affidavit of one or more credible witnesses, stating that
they knew the applicant was a soldier or sailor, or the wife
of such, as the case may be, and believe the allegations made
in the application to be true : Provided, That said application
shall show that the applicant is not drawing a pension in any
other State.
Sec. 1069. Such application shall be verified also by a certifi- ^^ ^PP^erS
cate of the Auditor of the County in which the applicant re- j^^
sides, showing amount of tax return, and that his income does
not exceed the amount stated, and that he is not possessed of
sufficient property to produce such income; and it shall be the
4i6 CIVIL CODE
A. D. 1902.
^""^^^^^ duty of the Auditor to furnish such certificates, if he shall so
find the facts, without fee or charge.
sion°"B(fard— ^®^- ^^^^- ^^ ^^^^ County of the State the said application
duties of. shall be submitted to a Board composed of four ex-Confederate
■^^- soldiers or sailors (to be chosen as hereinafter provided), who
shall not be holders of or applicants for a pension, and a regular
practicing physician to be selected by them, which said five per-
sons shall constitute the County Pension Board. They shall
meet on the third Monday in January of each year, and shall
examine each applicant under rules and regulations prescribed
by the State Board of Pensions. After first being duly
sworn, fairly and impartially to discharge the duties of their
office, and after said oaths are duly filed in the office of the
Clerk of Court, the said County Pension Board shall proceed
with the discharge of the duties imposed upon them, and shall
certify their approval to the State Board of Pensions, giving in
detail the reasons which influenced them to grant or oppose
each application, accompanied by all the evidences upon which
they made their decisions.
Quorum of ^^^' l^'^l- Four members of said Board shall constitute the
po°rY'^^o ^a't^e quorum. A majority of the members of the Board present may
^°^'"^- determine any matter presented to them, subject, however,
^^- to a right of review of the State Board. As soon as such
County Board completes its list as above, giving the names of
the pensioners, their residences and amounts per month to
which they are entitled, they shall certify the same to the State
Board of Pensioners, to be reviewed by them.
B?a"rd of ptn! Scc. 1072. The State Board of Pensioners shall thereupon
!^l pass upon the names contained in said lists, and shall certify to
^^' the Clerks of Courts of the various Counties the lists of the
names and amounts approved by them, and said Clerks of
Court shall record the same in a book, and said roll so made
up shall be designated "Approved Pension Rolls for 19 — ,"
and such persons shall constitute the pensioners entitled to re-
ceive the aid herein provided for the current year.
Examination Scc. 1073. Evcry application approved by the County Board,
b/cou?Sy Pen- with all papcrs upon which they act, shall be filed in the
sion Boards. c.^ry^pfrn]]er General's office by the first day of February of
^^' each year, to be by him submitted to the State Board of Pen-
sions for their review. In the examination of the applications
of each person for a pension, the said Board shall inquire par-
ticularly into all the facts set forth in the application, and
OF SOUTH CAROLINA.
shall have the right to examine such witnesses and to take
such evidence as to determine the right of such applicant to
pension; and for the purpose of this Chapter the Chairman
of each County Board shall have the right to administer oaths.
In making their report to the State Board of Pensions, they
shall set forth, in concise and plain language, giving in detail
(and separately) their findings upon each material allegation
contained in the application.
Sec. 1074. Each of the said County Boards shall keep a book Co^nJ^ Boards
in which they shall make a list of applicants for pensions, set-°jf^ tlfe^ action
ting forth the approval and disapproval, which book shall be°^ ^^^ Boards.
filed in the ofiice of the Clerk of Court of Common Pleas for ^^•
each County ; and the Clerk shall from said book certify to the
Comptroller General, on or before the first of February of each
year, the number of pensioners who are still alive and entitled to
the pension.
Sec. 1075. The State Board of Pensions shall have the gtate^'ension
authority, and it shall be their duty, to revise the list of pension ^se'^fist ° '^"
claims allowed by each County Board, and to confirm or reject J^_
any pension claim allowed by such Board, as they may deem
proper and right upon the facts presented by the said Board, or
upon such additional facts connected therewith as they may
procure ; but they shall have no right in any case to grant a
pension unless the same has been regularly approved by the
County Board of Pensions.
Board having disapproved claim, mandamus will not issue to compel <hem to
approve it. — State v. Verner, 30 S. C, 277; 9 S. E., 113.
Sec. 1076. The County Board of Pensions shall be consti- „ How County
•^ Board of Pen-
tuted as follows : On the first Saturday in August of each year sions , consti-
•^ ° -' tuted, elections,
the surviving soldiers and sailors of the State or the Confeder-of. &c-
ate States in the late war between the States, in each township, ^b.
shall meet at a time and place therein designated by the Chair-
man of the County Board, by two weeks' public notice, and hav-
ing organized by electing a Chairman and Secretary, shall elect
by ballot an ex-Confederate soldier or sailor, not a holder of
nor an applicant for a pension, as the representative of the
veterans of said township.
The representatives so elected shall meet at the County Court
House on the first Monday of September following, and having
organized by electing a presiding officer and Secretary, shall
elect from their own number four, who, having selected a com-
petent physician, and elected one of themselves as chairman,
27. — C.
CIVIL CODE
shall constitute, together with such physician, the County Pen-
sion Board for one year, or until their successors are elected and
qualified. In those townships where the veterans failed to
select a representative as herein provided, the Chairman of the
County Pension Board shall appoint some person otherwise
qualified as a representative until such election shall be had ; and
in those Counties where the survivors failed to organize a
County Board as herein provided, the State Board of Pensions
may appoint four ex-Confederate soldiers or sailors otherwise
qualified to organize and constitute said County Board.
Provisions for Scc. 1077. In casc there shall be in any township no person
township where . .
no one quaii- qualified to act as representative, then the veterans may elect,
fied to serve ...
on Board. or ui casc of their failure to do so, the Chairman of the County
lb. Pension Board may appoint, some properly qualified veteran
residing elsewhere in said County.
State Board Scc. 1078. The Comptroller General shall be Chairman of
of Pensions —
of whom con- the State Board of Pensions, and he, with three ex-Confederate
stituted, clerk
of, &c. soldiers, not holders of nor applicants for pensions, to be se-
ib. lected by the United Confederate Veterans Association at their
annual meetings, together with a competent physician to be
selected by them, shall constitute the said State Board of Pen-
sions. That the Comptroller General shall appoint a suitable
person to serve as Clerk of State Board of Pensions ; said Clerk
to receive a salary of six hundred dollars per annum for his
services. In case of failure to select by the said Veterans Asso-
ciation, the three members properly qualified shall be appointed
by the Governor. The term of office of the elected members of
said Board shall be for one year, and until their successors are
elected or appointed and have qualified.
Pay of Coun- Scc. 1079. The compensation of the members of the County
Pension Boards Pension Boards shall be two dollars per day, not to exceed five
lb. days, and the compensation of the State Board shall be two
dollars per day, not to exceed five days, and the latter shall be
allowed mileage at the rate of five cents per mile.
Provisions Scc. 1080. In Couutics where the survivors fail or refuse to
\vhere no ac- comply with the provisions hereof, the State Board shall make
taken. sucli regulations for the distribution of the fund for such Coun-
ib. ties as they deem best.
Comptroller Scc. 1081. It shall be the dutv of the Comptroller General to
General to is- . ■, r- -\ r i • a ' -i r i i
sue warrants issuc On the first Alonday m April of each vear to the party en-
f o r amounts . , , . . , , , . " . ,
due. titled to receive a pension hereunder, his warrant for such sum
lb. as may be herein prescribed, so long as such name shall remain
OF SOUTH CAROLINA.
on the pension roll as above prescribed, or until informed of the
death or removal from the State of such pensioner ; Provided,
That the Comptroller General shall forward the amount due the
pensioners of each County to the Clerk of Court of the several
Counties of the State, to be paid out by said Clerk of Court
without additional compensation. ,
Sec. 1082. It shall be the duty of the Comptroller General to GenerK°irc'
prepare and cause to be printed forms in blank on which such ^^^^ forms.
applications, certificates and affidavits may be conveniently
made, and he shall cause the same to be distributed in the sev-
eral Counties of the State in such number and such manner as
in his judgment may be necessary.
Sec. 1083. Whenever the name of any person who has beenp e/g'? oners
declared entitled to receive a pension under the laws of thistSie^^to b^™re-
State shall have been omitted, by an accident, from the proper ^!^!!^!fj
lists, it shall be the duty of the State Board of Pensions to allow
and the duty of the Comptroller General to issue his warrant
for, the amount of the pension to which such person would have
been entitled ; said amount to be paid out of the next regular
appropriation for pensions, after the fact of such accident or
mistake shall have been determined by said State Board of
Pensions, and said amounts shall be paid out of said appropria-
tion before the same shall be apportioned among the persons
entitled thereto. "
TITLE VIII.
OF THE PUBLIC HEALTH.
CHAPTER XXIII.
Article i. Boards of Health.
Article 2. Physicians, Apothecaries and Dentists.
Article 3. Quarantine.
CIVIL CODE
ARTICLE I.
Boards of Health.
Sec.
Sec.
1084.
State Board of Health ; how
1096.
To protect live stock industry.
constituted.
1097.
Local Boards of Health.
1085.
Rights and duties of ; in gen-
1098.
Organization of.
eral.
1099.
Duties of ; Rules and Regula-
1086.
Executive Committee, appoint-
tions.
ment and duties of.
1100.
To appoint physician and
1087.
Committee, how to organize ;
sanitary agents.
Registrar-General ; control
1101.
Powers of local Boards.
over local Boards.
1102.
Registration of births and
1088.
Special duties as to epidemic
deaths.
diseases.
1103.
Inspection of public buildings,
1089.
Supervision of Quarantine.
etc.
1090.
Registration of vital statis-
1104.
Inspection of schools, etc.
tics.
1105.
Meetings.
1091.
Supervision over local Boards
1106.
Annual report estimate of ex-
of Health.
penses.
1092.
Local Boards outside of in-
1107.
Provisions as to Charleston.
corporated towns.
1108.
Duties of Boards.
1093.
May enforce vaccination.
1109.
Abatement of nuisances.
1094.
Regulations for transporta-
1110.
Powers of school trustees to
tion of dead bodies.
exclude scholars.
1095.
Licenses to be issued em-
1111.
Annual report to Executive
balmers.
Committee State Board.
and
of Heaith^°ifow Sectioii 1084. The South CaroHna Medical Association,
constituted. their successors, in their corporate capacity, together with the
R. ^'sf' 956; Attorney and Comptroller General of the State, and their suc-
7^9! m, f^^'' cessors in office, are a Board of Health for the State of South
Carolina, to be known as the State Board of Health.
Rights and Scc. 1085. Said Board is invested with all the rights and
duties of, in _ _ ...,.,
general. charged with all the duties pertaining to organizations of like
T, 9- ^o 912; character, and shall be the sole adviser of the State in all ques-
R. S. 958; lb., . ....
|,3: 1892, XXI, tions involving the protection of the public health withm its
limits. The Board shall make an annual report to the Legisla-
ture on all matters relating to its action. It shall be the duty
of the State Board of Health, through its representatives, to
investigate the causes, character and means of preventing such
epidemic and endemic diseases as the State is liable to suffer
from ; the influence of climate, location and occupations, habits,
drainage, scavengering, water supply, heating and ventilation ;
and shall make inspection annually, or oftener if necessary, of
the sanitary condition of all institutions provided as State
charities or supported at the public expense. They shall super-
vise and control the quarantine system of the State, and shall
annually or oftener if necessary, require reports from the Health
OF SOUTH CAROLINA.
Officer on such forms as may be prescribed in all matters per-
taining- to quarantine. They shall also be authorized to estab-
lish quarantine both by land and sea. This quarantine shall
not be established except by the advice and consent of the
Governor.
Sec. 1086. The said Association, at its first meeting after the committeeflp^
first January, 1893, and every seven years thereafter, shall elect g°'t'J^^^"f^ ^"'^
seven members, to be recommended to the Governor, who shall q g ^^^.
appoint them to co-operate with the State officers above named, f^ ^- ^^s; -f'^-..
to constitute an Executive Committee, having power to act in
the intervals of the meetings of the State Board of Health.
This committee shall make, annually, a detailed report to the
State Board of Health. Members of this Committee shall be
removable by and at the pleasure of the Governor, upon the
request of the State Board of Health, or for neglect of duty,
or other causes set forth by the majority of the members of
the Executive Committee. Vacancies shall be filled by ap-
pointment by the Governor, on recommendation of the State
Board of Health, or of the Executive Committee when such
vacancies occur in the intervals of the meetings of the Asso-
ciation.
Sec. 1087. The Executive Committee shall, immediately how°t? ™rgan-
after their appointment, proceed to organize by electing a oeneraif ^ "n-
Chairman and Secretary, the latter to be ex-officio Registrar- Boardlf^'a'^^'
General of the State. They are authorized and empowered to g. s. 914;
divide the State into health districts, and in those districts in §5 ;' ^i^g'sa"',
which no Boards of Health exist they are required to appoint 1885, xix!'
sub-Boards of Health, which shall consist of two practicing xxi.,' 20. ^ ^'
physicians and one layman. Local Boards of Health, estab-
lished as hereinafter provided, shall be subject to the super-
visory and advisory control of the State Board of Health,
through its Executive Committee. They shall pass no or-
dinances, nor consider any such of force, which are repugnant
to the rules and regulations of the State Board of Health.
Sec. 1088. It shall be the duty of the State Board of Health, epidemic d i s-
through its representatives, to investigate the causes, character
, r ■ 1 -J- J J- J- Other inves-
and means of preventmg such epidemic and endemic diseases as gations.
the State is liable to suffer from ; the influence of climate, local- g. s. 91s;
. , , . 1 . • ^ R. S. 667.
ities and occupations, habits, drainage, scavengermg, water
.1 • 1 1 11 1 • • Inspections
supply, heating and ventilation ; and shall make inspections an- of State insti-
f r 1 ■ i'*i-ii tutions.
nually, or oftener if necessary, of the sanitarv condition ot all -—
-" -^ ' 1878, XVI.,
CIVIL CODE
institutions provided as State charities or supported at the
public expense.
Supervision gee. 1089. The State Board of Heahh shall supervise and
01 quarantine. ^
— Q — ^ — ^control the quarantine system of the State, and shall annually,
fs I' XVI ' °^ oftener if necessary, require reports from the Health Officer
730- on such forms as may be prescribed in all matters pertaining to
Establishment quarantine. They shall also be authorized to establish quaran-
of quarantine, ^jj^g ^q^|^ ^y i^^^ ^^^ ggg^_ jj^g quarantine shall not be estab-
lished except by the advice and consent of the Governor.
of^vit^fsfaii^'^ S"^- lO^^- It shall be the duty of the Executive Committee
^ of the State Board of Health to recommend such provisions of
R. ^' figrn/. l^w ^s shall be deemed necessary for the thorough organization
of a system of registration of vital statistics throughout the
State, and shall prepare the necessary methods and forms for
obtaining and preserving such statistics.
ofeVTocTi Sec. 1091. The State Board of Health is invested with au-
Heafth.'^^ °^thority to direct and supervise the action of the local Board of
igoi, XXIII, Health in incorporated cities and towns and in all townships
^33- in all matters pertaining to said local Boards, and upon a re-
fusal or neglect to execute the orders of the State Board of
Health, the members of the local Board shall be subject to
removal by the said State Board of Health. Such removal shall
not be made until ten days' notice of the. charges against the
offending members of the local Board shall have been mailed to
or served upon him or them, stating the cause of complaint
and the time and place for the answer to said charges. Said
removal to be additional to any penalty now imposed by law;
and it shall be the duty of the Secretary of said local Board to
report to the State Board of Health all such facts and statistics
as may be required of them, under such regulations and upon
such blanks as may be presented and furnished for the same,
and any Secretary of a local board who shall fail to make such
return or refuse to obey any regulation or demand of the State
Board of Health shall be deemed derelict in duty, and upon
failure to show cause for same shall be subject to removal by
the said State Board of Health.
Local Boards Scc. 1092. All local Boards of Health in the several Coun-
side oVincor- ties in the State outside of incorporated towns and cities, are
porated towns. ^^^^^-^^ invcstcd with the same powers and duties that are
^^' now imposed by law upon local Boards of Health in incorpo-
rated cities, towns and villages in the State of South Carolina :
Provided, That nothing herein contained shall be construed as
OF SOUTH CAROLINA.
giving to local Boards outside of incorporated towns and cities
the right to enforce compulsory vaccination.
Sec. 1093. The State Board of Health and its duly appointed ^fState^^Board
representatives shall have power to order and enforce the vac-"g[?J^^ ^^'^""
cination of all such persons as it may consider necessary for ^g^^ xxiii
the preservation of the public health : Provided, That any ^°4-
person who has been exposed to the contagion and refuses
vaccination, shall not be forcibly vaccinated, but in the discre-
tion of the State Board of Health, or their agent, be quaran-
tined and guarded until the period of incubation of the threat-
ened disease has passed.
Sec. 1094. The transportation of bodies dead of any dan-^ Regulations
, , , , . lor transporta-
gerous, contagious or infectious disease is absolutely forbid- tio" of dead
"-' _ " _ -^ bodies of con-
den, into, through or out of the State, or any city or towntagious or in-
within the same, except on compliance with such rules and ease.
regulations as shall be made and ordained bv the State Board '900, xxiii.,
*= . - . 408.
of Health. And for the purpose of enforcing this Section, the
said Board is hereby empowered and required by its Executive
Committee to make and declare rules and regulations declar-
ing what diseases shall be regarded as dangerous, contagious
or infectious, and to classify the same, designating such as are
of so dangerous a character that transportation of the dead is
absolutely forbidden, and prescribing such regulations as the
said Board may deem proper for the transportation of the dead
from other causes. That said rules and regulations as may be
adopted by the said Board be submitted to the Governor for
his approval, and be published in at least three daily papers
of this State, and be advertised and disseminated by such other
methods as to the Board may seem expedient, and such rules
and regulations shall go into effect on the approval of the
Governor.
Sec. 1095. The State Board of Health is hereby authorized ^^^icense^to^is-
and directed to issue licenses to such persons as, on examination ^^^5^^°^^^ "^ead
under the direction and supervision of said Board, are found f^f cTLus^ d^-
proficient in the art of embalming and disinfecting dead bodies, fffff;
and otherwise preparing them for transportation. And in all ^^■
cases when, under the rules and regulations of health, special
preparation of dead bodies is required for transportation, a
certificate of such preparation shall be required, to be signed
by a person so licensed, in such manner and form as may be
prescribed by said Board.
CIVIL CODE
Sec. 1096. It shall be the duty of the State Board of Health
of ^HMiS.°^to ^^ co-operate with officials of the Federal Government and with
F*ederarG^^v^ thosc of Other States in establishing interstate quarantine lines,
ernment in pro- ^nd in makinsf and enforcing- of such rules and resfulations as
tectmg live ^ o "^
stock industry, shall bcst protect the live stock industry of this State against
1899, XXIII, infectious or contagious diseases.
State Board ^^^ ®^^^ State Board of Health shall prescribe such rules
re° uiatio^ns"&c ^^^ regulations as are necessary within said quarantine lines
for the preservation of the live stock industry within such
territory and duly promulgate the same.
h^wappohftS- ^^^- ^^^'^' ^t ^^^^1 b^ ^^^ ^^^y o^ ^^^ Mayor or Inten-
terms of office. ^^LTit of cvcry incorporated city, town or village in the State
^^97, XXII., Qf South Carolina, to appoint, by and with the con-
sent of the City or Town Council of every such city,
town or village, five persons, not members of such
Council, in cities or towns of five thousand or less population,
and in cities exceeding five thousand in population the number
may be increased to twenty, as the city may determine, one or
more of whom shall be reputable physicians of not less than
two years' standing in the practice of his profession. The
Mayor or Intendant of said city or town shall designate one-
fifth of the members of the Board to serve one year, one-fifth
to serve for two years, one-fifth to serve for three years, one-fifth
to serve for four years, and one-fifth to serve for five years, and
thereafter one-fifth of the number of said Board shall be ap-
pointed annually to serve for five years. The members shall
serve without compensation ; and in case any one of these,
after accepting and being duly appointed, shall refuse to qualify
and serve on the Board he shall be subject to a fine of twenty-
five dollars, to be imposed and collected by the Town Council :
iiow fiiied"!"^'^^' Provided^ hozvever, That in all cases of vacancies on said Board
occurring from any cause at any time said vacancies shall be
filled in the manner hereinbefore prescribed by appointment
for the unexpired term or terms as aforesaid.
Oath. Sec. 1098. The members of the Board shall severally take
1894, XXI., i^he oath prescribed for town and city officers, and shall annu-
^'^' ally organize by the selection of one of their number as Presi-
Organization. ^^^^_ r^^^^ ^^^y^ ^y^^^ ^ Secretary, who shall keep the minutes
of their proceedings and perform such other duties as may be
prescribed by the Board, and a Health Officer, who shall exe-
cute the orders of the Board and for that purpose shall have
and exercise the powers and authority of a policeman of the
OF SOUTH CAROLINA.
town or city. The Secretary and Health Officer shall receive
such salary as may be fixed by the Board, ratified by Council Salary.
and shall hold their offices at the pleasure of the Board. They
shall severally give bond to the tov\rn or city in such sums as j,^^^^
may be fixed by ordinance for the faithful discharge of their
duties, and shall also take and subscribe the oath required by
members of the Board. All fees which shall be collected or °^'^'^-
received by the Board or any officer thereof, in his official ^'^^^•
capacity, shall be paid over into the town or city treasury
monthly, together with all penalties which shall be recovered
for the violation of any regulation of the Board. The Presi-
dent and Secretary shall have full power to administer oaths or q^^^^^ ^^^
affirmations in any proceedings or investigations touching thCg^ admmister-
regulations of the Board, but shall not be entitled to receive
any fee therefor.
Sec. 1099. The said Board of Health shall have power and .^ J,}!,Ji^n\.^"'^
it shall be their duty to make and enforce all needful rules and
regulations to prevent the introduction and spread of infectious
or contagious diseases by the regulations of intercourse with
infected places, by the arrest, separation and treatment of
infected persons, and persons who shall have been exposed to
any contagious or infectious diseases, and by abating and re-
moving all nuisanoes which they shall deem prejudicial to the
public health, to enforce vaccination, to mark infected houses
or places, to prescribe rules for the construction and main-
tenance of house drains, waste pipes, soil pipes and cesspools,
and make all such other regulations as they shall deem neces-
sary for the preservation of the public health. They shall also
have power, with the consent of the Town or City Council, in
case of the prevalence of any contagious or infectious diseases
within the town or city, to establish one or more hospitals and
to make provisions and regulations for the management of ^^^p'*^'--
the same.
Sec. 1100. The Board may in such cases appoint as many ^uty of phy-
ward or district physicians and other sanitary agents as they ^"^'^"^-
may deem necessary, whose salaries shall be fixed by the Town ^^'
or City Council before their appointment. It shall be the duty
of all physicians practicing within the town or city to report to
the Secretary of said Board of Health the names and residences
of all persons coming under their professional care afflicted
with such contagious or infectious diseases, in the manner di-
rected by said Board.
CIVIL CODE
lb.
Proviso.
Sec. 1101. The said Board of Health shall have power, as a
°^body or by committee, as well as the Health Officer, together
~ with his subordinates, assistants and workmen, under and by
order of said Board, to enter at an}' time upon any premises
in the town or city upon which there is suspected to be any
contagious or infectious disease or nuisance detrimental to the
public health, for the purpose of examining and abating the
same; and all written orders for the removal of nuisances is-
sued to the said Health Officer by order of said Board, attested
by the Secretary, shall be executed by him and his subordinates
and workmen : Provided, The person or persons refusing to
remove such nuisance, and the cost and expenses thereof, shall
be recoverable from the owner or owners of the premises from
which the nuisance shall be removed or from any person caus-
ing or maintaining the same, in the same manner as debts of
like amounts are now collected by law.
ofS^and Sec. 1102. The said Board of Health shall have power to
^^^^^'^^- create and maintain a complete and accurate system of regis-
^^" tration of births and deaths which may occur within the town
or cit}', and to compel obedience to the same upon the part of
all physicians and other medical practitioners, clergymen, mag-
istrates, midwives, undertakers, sextons, and all other persons
from whom information for such purposes may properly be
required.
Inspections. g^^^ j^Qg^ ^^^ ^^j^ -g^^^^ ^^ Health shall havc the power,
^' and it shall be their duty, to visit and inspect every month
the court house and various offices therein contained, the jail
and other prisons located in their respective cities and towns,
in regard to the purity of the water supply, the lighting and
ventilation and heating of the various offices of the court house
and the cells and other rooms occupied by prisoners in the
jails; they shall inquire into the efficiency of drainage and
plumbing of these public buildings, the disposition of garbage
and refuse, the closet accommodations, into the condition of
the soil pipes, waste pipes and cesspools, and shall recommend
to the County authorities the removal of all nuisances on the
premises on which said buildings are located which might prove
detrimental to the public health ; they shall report the number
of prisoners, their diet and treatment, the diseases and number
of cases of sickness which has occurred among the prisoners
during the three previous months. And it shall be the duty of
tendant physi- evcry physiciau who attends in sickness any prisoner in jail
OF SOUTH CAROLINA.
to report immediately to the secretary of the Board of Health
the name, sex, age, race and disease of said prisoner.
Sec. 1104. It shall be the duty of the Board of Health as a inspection of
-^ schools, etc.
lb.
body, or by committee, with the Health Officer, to make quar-
terly visits and inspections of all schools, seminaries or colleges
(while in session) which are supported in part or entirely by
public taxation, and examine and report on the sanitary condi-
tion of the same, the abatement and removal of garbage, refuse
matter and nuisances which may prove prejudicial to the health j^lJ^^"" ®"P"
of the pupils. They shall inquire into the purity of the water
supply, the condition and efficient working of the drains, waste
pipes, soil pipes and cesspools, the ventilation, lighting of the
dormitories, lecture and study rooms of the buildings and the
appliances in use for fire escapes. In case of the epidemic prev-
alence of contagions or infections, and in order to prevent the
spread of the same, the Board of Health, by and with the con- ^ Schools to
, be closed dur-
sent of the City or Town Council, may order the schools, sem- '"g epidemic.
inaries or colleges, in such town or city, partially or entirely ^- xviii'
supported by public taxation, closed until such time as they 793-
may deem it safe to reopen them. The Board of Health shall
have the right to declare any epidemic or cause of ill health so
injurious as to make it necessary to close any or all of the pri-
vate schools in the limits of such city or town. Whatever san-
itary conditions or evils shall be found by the Board of Health
to exist in or around the public colleges, schools, etc., shall be
reported by the Secretary of the Board of Health to the Trus-
tees of the same, who shall take immediate steps to remedy the
sanitary defects according to the rules and regulations pre-
scribed by the Board of Health.
See. 1105. The Board shall meet at least once a month for Meetings.
the transaction of business, and shall make and cause to be ^^■
published all necessary rules and regulations for carrying into
effect the powers and functions with which they are hereby
invested, which rules and regulations, when approved by the
Town or City Council, and when advertised in the same manner
as other ordinances, shall have the force of ordinances of the
town or city; and all penalties for the violation thereof as well p^j.^.^ ^^^
as expenses necessarily incurred in carrying into effect the|^^'^*p°gjj^i"|gg;
same, shall be recoverable for the use of the town or city in the
same manner as penalties for the violation of the town or city
ordinances, subject to the like limitations as to the amount
thereof.
CIVIL CODE
Sec. 1106. It shall be the duty of the Board of Health to
° ^ submit annually to the Council, before the commencement of
~ the fiscal year, an estimate of the probable receipts and expendi-
tures of the Board during the ensuing year, and the Council
shall then proceed to make such appropriation thereto as they
shall deem necessary; and the said Board shall, in the month
of October of each year, submit a report in writing to the Coun-
Report. Q.[i of its Operations for the preceding year, with the necessary
statistics thereof, together with such information and sugges-
tions relative to the sanitary condition and requirements of
the town or city as it may deem proper, and the Council shall
publish the same in its official journal. It shall be the duty of
Communica- ^^^ Board to commuuicatc to the State Board of Health at least
Board"*'^ ^^^^^ annually in the month of October, notice of its organization and
membership, and copies of all its reports and publications, to-
gether with such sanitary information as may from time to time
be required by said State Board.
to^Cha&n.' Sec. 1107. Nothing in the last nine sections shall apply to
J^ the Board of Health as now organized in the City of Charles-
ton.
isthS^'Volrds Sec. 1108. It shall be the duty of all existing Boards of
hereafter'' Vp^ Health, and also of all that may hereafter be appointed under
''°'"^^'^" the provisions of this Article, to aid the municipal authorities
issf.' XVIII.', i^ the enforcement of all State laws as to the adulteration of
xxi.f 20.^^^^' ^^1 kinds of food and drink, and to prevent the sale or exposure
for sale of any kind of meat, or vegetables, or fruits, or other
articles of food that are unwholesome or unfit for food ; and also
to define and declare what shall be nuisances to health in lots,
streets, docks, ponds, wharves, piers, vessels and all public or
private places in such city or town or in any part thereof ; and
to prevent the spread of dangerous epidemic or contagious dis-
eases in such city or town or in any part thereof; and also to
maintain and enforce a proper quarantine whenever this may
be deemed expedient or necessary by the State Board of Health
and approved by the Governor ; and to regulate and control
the keeping or slaughter of all kinds of cattle, sheep, goats and
swine or other animals in any city or town or any part thereof ;
and to regulate and prohibit the accumulating of offal and all
decaying or injurious vegetables or other substances in any
place in such city or town, public or private ; and to prohibit
OF SOUTH CAROLINA.
and remove any nuisance or offensive matter in any public
highway, road, street or other place, public or private, in such
city or town, and to cause the removal of the same at the ex-
pense of the owner thereof if he decline to remove it after
notice to that effect ; and to regulate and control, or prohibit,
the cleansing of sewers and the dumping of garbage, or using
of any noxious or unsuitable material for filling town lots,
marshes, ponds and other places, and to provide for filling of
sunken or low lots and other places in any part of said city or
town. Sub-Boards constituted as provided in Section 1087
and local Boards of Health are charged with the duty of in-
vestigating within their districts all matters of sanitary inter-
est or scientific importance bearing in any wise upon the pro-
tection of the public health, and shall report to the Executive
Committee at such times and in such manner and form as the
Executive Committee may prescribe.
Sec. 1109. Whenever such nuisance, source of foulness or ^ J^"^^^ ^^^ 1°
cause of sickness hazardous to public health shall be found on ^^^^g^^^^g^ l^
private property, the Board of Health of the city or town j^ g. 962;
within whose limits it may be shall at once notify the municipaP^^^' ^'^'
authorities, who shall require the owner to remove and abate
the same at his own expens-e, within such time as the Board
may deem the public health to require, a duplicate of the noti-
fication being left with one or more of the tenants or occupants.
If the owner or agent is unknown, resides out of the State, or
cannot be reached with the notice speedily enough for the
necessities of the public health, a notice left at the house or
premises with the tenant or occupant, or published in a news-
paper printed in the County, and if there is no such newspaper,
posted on the door of the court house or postoffice, shall suffice ;
and if the owner thus notified shall not comply with such noti-
fication or order within the time specified the municipal au-
thorities shall proceed to remove such nuisance, source of foul-
ness or cause of sickness hazardous to public health, and shall
have a right to recover the expenses incurred in such removal
from any person or persons who shall have caused or allowed
the same, or from any occupant or tenant of premises, or (in
case it affect the freehold) from the owner, who after notice,
as aforesaid, shall have failed to remove such nuisance, source
of foulness or cause of sickness hazardous to the public health
within the time specified in such notice. Nothing herein con-
430
CIVIL CODE
A. D. 1902.
'^-^"^■■^^ tained shall be held to bar an action for damages by such owner,
schoor a^athori- occupant or tenant for unlawful proceedings in the premises,
thi' spread'^'of ^^^' ^^^^- "^"^ Board of Education, School Trustees, or an);
c o ntagious or Q^l-^gj. bodv having control of any of the schools, mav, on ac-
mfectious dis- jo j ' . '
ffffSj count of the prevalence of any contagious or infectious diseases,
7b^'«l' ^^^'O^ to prevent the spread of any such disease, prohibit the at-
tendance of any teacher or scholar upon any school under their
control, and may specify the time such teacher or scholar shall
remain absent, or they shall require a satisfactory certificate
from one or more reputable practicing physicians that such at-
tendance is no longer attended with risk to others attending
school, and may also prohibit the entrance into or attendance
at any school of all unvaccinated persons who have not had the
smallpox. The said Board of Control or Trustees may also
require vaccination of any or all teachers, scholars and attend-
ants if a case of smallpox have occurred in the city or town.
Sec. 1111. All local Boards of Health are required to report
Annual and
other reports
c°o m^mTf tS f^o the Executive Committee of the State Board of Health
what to con-
tain, &c.
G.
R. S.
294. §7
annually or oftener, if so required, all marriages, births, and
s pig. deaths occurring in their respective jurisdictions; and, when
^^■' notified, shall report upon all diseases or supposed causes
prejudicial to public health therein, and the measures employed
to check or abate the same; also, upon such other subjects as
are usually under control of Boards of Health. They are also
charged with the duty of investigating, within their districts,
all matters of sanitary interest or scientific importance bearing
in any wise upon the protection of the public health, and shall
report thereon to the Executive Committee at such times and
in such manner and form as the committee may prescribe.
ARTICLE II.
Physicians, Apothecaries and Dentists.
Sec.
1112. Physicians, qualifications of,
to practice.
1113. Unqualified practitioners not
entitled to compensation.
1114. Qualified practitioners entitled
to charge, sue for and col-
lect fees.
1115. Fees for testifying at inquests
Sec.
1116. Apothecaries, &c. ; Pharma-
ceutical Association to ap-
point Boards to examine.
1117. Powers of Boards.
1118. Licenses must be obtained
from.
1119. Applicants to undergo exami-
nation by.
OF SOUTH CAROLINA.
431
A. D. 1902.
Sec.
1120. Who exempted from examina-
tion.
1121. Association to preserve record.
1122. To register names of all phar-
maceutists.
1123. To report annually to Gen-
eral Assembly.
1124. Sale of poisons, records to be
kept.
1125. Poisonous medicines and
drugs, how labeled.
1126. Patent medicines may be sold
without license.
1127. Dentists must have license
from Board of Dental Ex-
aminers.
Sec.
1128. Board of Dental Examiners,
how constituted.
1129. Meetings of Board ; notice of ;
general powers ; licenses ;
fees.
1130. Book of registry or record ;
transcript from ; evidence.
1131. Quorum.
1132. One member of Board may
grant license, when.
1133. Each dentist to keep a record
of cases treated.
1134. South Carolina Dental Asso-
ciation a body corporate.
Section 1112. i. No person shall practice physic or surgery, forq „ riificatfo^ns
compensation, within the State unless he is twenty-one years of .° ^° practice.
5i, XVII.
' 7
age, and either has been heretofore authorized to do so pur- ^y^)
suant to the laws in force at the time of his authorization, or'isss, xx , 54;
is hereafter authorized to do so by subsequent subdivisions of ^'^' ^ " ^^'
this Section.
2. There shall be established a State Board of Medical of Mldicai^lx-
Examiners, composed of seven reputable physicians, or sur- tl^'"a^nd' du°ils
geons, one from each Congressional District, to be elected by ° '
the State Medical Association, and thereupon commissioned by 498;
1893, XXL.,
.j8; 1897.
the Governor, w^hose term of office shall be for a period of two 18^98 1'/b.,"^ 794'.
years and until their successors in office shall have been elected ;
and any vacancy in said Board of Examiners, by death, resig-
nation or otherwise, shall be filled in the same manner. A
majority of said board shall constitute a quorum for the trans-
action of business : Provided, That the members thereof first
elected under the provisions of this Section shall be divided into
two classes, the first class to consist of three and the second of
four members. The first class shall hold office under the said
election for the period of one ( i ) year, the second class for two
(2) years from the date of their election, and each class there-
after elected shall hold for two years from the date of their
election and until their successors be elected and qualified.
3. Said Board of Medical Examiners shall meet at Columbia, BoardT'elami-
South Carolina, on the Third Tuesday in May of each year, andpficant^s;°certi-
at their first meeting organize by the election of a Chairman and ^^ ^^' —
a Secretary, who shall also be Treasurer, and said Board shall 795.^ ' " "
have power to call extra meetings when necessary. It shall be
the duty of said Board, when organized, to examine all appli-
432 CIVIL CODE
A. D. 1902.
""-^v^""^ cants for examination who hold diplomas from any medical
colleges or schools and who present certificates of their good
moral character and of their sobriety from some reputable per-
son or persons known to the Board, and to pass upon their
qualifications and fitness to practice medicine in this State, and
to give to each successful applicant a certificate to that effect
upon the payment of five dollars to the Treasurer of said
Board. Said Board shall keep a record of all the proceedings
thereof, and also a record or register of all applicants for a
license, together with his or her age, time spent in the study of
medicine, and the name and location of all institutions granting
such applicants degrees or certificates of lectures in medicine or
surgery. Said books and register shall be prima facie evidence
of all the matters therein recorded. Such certificates of quali-
fication shall entitle the holder or holders thereof, respectively,
to be registered as a lawful practicing physician by the Clerk of
the County in which he, she or they may reside, upon payment
to said Clerk of Court a fee of twenty-five cents for each regis-
tration. ,
P^y °^- 4. The members of said Examining Board shall receive for
1893. XXI., their services the same per diem and mileage as is paid to the
members of the General Assembly for each day engaged : Pro-
vided, That the receipts from applicants for examination shall
be sufficient to meet said expenses ; and if there should be any
surplus after paying said expenses, that the said be paid to the
State Board of Health for further disbursement,
already ° re|/s^ 5- Nothing Contained in this Section shall in any way affect
^f^'^j or apply to physicians and surgeons who have already regis-
■^^- tered in accordance with the laws now of force.
Appeals from. g_ Upon the rcfusal of said Board to grant a license to any
^^- applicant, an appeal may be had to the Governor, who may
order a re-examination of the applicant to be held in the pres-
ence of the Dean of the Faculty of any medical college in this
State and a committee composed of six practicing physicians.
1901, XXIII, 7- Nothing in this Section shall apply to regular graduates
^^^- holding diplomas issued by any college of established reputa-
tion of this State, which has a four years' course of instruction
and a standard of not less than seventy-five per cent, on exami-
nation and make satisfactory evidence of their standing to the
Board of Medical Examiners, nor to -commissioned medical
officers of the United States Army or Navy, or United States
marine hospital service, nor shall it include physicians or
OF SOUTH CAROLINA. 433
A. D. 1902.
surgeons • residing in other States and called in consultation in '' ^ *
special cases with physicians or surgeons residing in this State, g^^^^ -5,0^x6.
*8. The Governor shall appoint three competent homospathic °^j^, ^M^Scai
physicians from the State at large, who shall constitute a State ^J*^^^ ™^"^^^~
Board of Homoeophatic Medical Examiners, whose terms of ^^^^' ^'^-
office, powers, duties, modes of procedure and compensation ^2?°°' ^^^^^'
shall be the same as those of the regular State Board herein
provided for : Provided, That no applicant who has failed or
who may hereafter fail in his examination by the State Board
of Medical Examiners, shall be allowed to present himself or
herself before the State Board of Homoeophatic Examiners for
examination : Provided, further, That no graduate of any
medical college requiring less than a four years' course of study
will be eligible for examination before this Board.
*The last sub-division was added by the Act of 1900, which recites
the Section as stated in the Revised Statutes without reference to
the amendment of 1898 above stated.
Sec. 1113. In no case wherein the provisions of this Article p r acdtfoners
shall have been violated shall any person so violating receive a " ompensaUon°
compensation for services rendered ; but nothing herein con- ^-"^^^p^^""-
tained shall be construed to apply to females practicing mid- 197, §1'
wifery.
Sec. 1114. All persons now practicing, or who may hereafter tJtkmers en\1-
practice, medicine or surgery, as herein provided, shall be en- sue for "mi
titled to charge, sue for and collect for their services. ^-^^ — !!_^__
Sec. 1115. Physicians in this State shall be paid the follow- §if ^'1845",' jsPlI
ing fees for post mortem examinations and testifying at Cor-^"^ '
oner's inquest : For a post mortem examination and testif3dng, tifying at in-
when no dissection is required, five dollars ; when dissection is 5!^!!_!: — f^
necessary and the body not interred, if requested by the Cor- 734.°''
oner's jury, ten dollars ; for same after interment for three days
or more, fifteen dollars ; for chemical analysis, a sum not ex-
ceeding forty dollars and expenses for such analysis ; and
when chemical analysis has been made the chemist who makes
it must furnish to the County Board of Commissioners, with his
account, a full statement of the analysis. The Clerk of the
County Board of Commissioners shall verify and file with the
Clerk of Court of General Sessions a copy of such statement of _,
^•^ Pharmaceuti-
analysis and account. <=al Examiners;
-' annual e 1 e c-
Sec. 1116. The Pharmaceutical Association of the State oftio^s; vacan-
cies ; name and
South Carolina shall elect six pharmacists doing business ^^^tings; quo-
within this State, who shall constitute the Board of Pharma-
G. S. 923;
ceutical Examiners of the State of South Carolina, and shall ][|g ^x"\^F'
116; 1893,
28.— C. XXI" 518.
CIVIL CODE
hold office as follows : One of them for the term of pne year ;
another for two years ; another for three years ; another for four
years ; another for five years, and another for six years ; each,
however, to hold further until his successor shall have been duly
elected and qualified, and the said Association shall, at such
election, indicate the person chosen for each of said terms re-
spectively. Annually thereafter the said Association shall elect
one member of said board to fill the vacancy annually recurring,
such members so elected to hold office respectively for the term
of six years, and until his successor shall be elected and quali-
fied. In case of the death, resignation or removal from the
State of any member of the Board, the President of the Asso-
ciation shall appoint in his place a pharmacist to serve for the
remainder of his unexpired term. The said Board shall be
styled "The Board of Pharmaceutical Examiners," and shall
meet in the City of Charleston, or any other place in this State
which may be designated by said Association, once every four
months, and keep in session until applicants who have pre-
viously made application to the Secretary of said Board shall
have been examined. Four members of said Board shall con-
stitute a quorum for the transaction of business and the grant-
ing of licenses.
Boa'^dl^" °* Sec. 1117. The said Boards shall alone possess and exercise
G. s. 924; the powers of granting, withholding or vacating the license of
1876, ^'x 'v'^i.', pharmaceutists, apothecaries and druggists.
^^^" Sec. 1118. Every pharmaceutist, apothecary and retail drug-
bi^'^M a Tned gist, who has not been previously licensed according to law,
J.°^ who carries on and conducts the business of such occupation in
R. s. 975 ;^/b! this State must have a license therefor from one of the above
named Board.
As to Act 1887, repealed. — State v. Talley, 28 S. C, 589; 6 S. E., 824.
of appHcants°" Sec. 1119. Before granting said license, except in cases here-
R. s. 976; inafter excepted, each applicant therefor shall undergo an ex-
xxi;,^5i9. ' amination by and before the Board, and of such nature as they
shall require; but such examination must include the reading
Especial fea- of manuscript prescriptions and the explanations thereof, the
^^^^' discovery or detection of unusual doses of drugs, especially of
poisons ; the recognition and distinguishing of the various roots,
barks, leaves, fruits, resins and gums in common use ; and the
proper antidotes and mode of administration thereof for the
different poisons.
Sec. 1120. No examination shall be required in case the ap-
plicant is a regular graduate in pharmacy from any reputable
OF SOUTH CAROLINA.
college ; but such applicant shall be entitled to a license upon
furnishing evidence of his graduation satisfactory to the said ^^''^^"1*^^^^"^^^
Board and upon payment of a fee of five dollars. In case the '"'^'^-
applicant undergoes examination the charge for the same, and g^■g?;l..°^''^g^■
for granting the license, shall not exceed ten dollars, which ^^^•' °^^-
amount shall go to the Pharmaceutical Association of the State ^^^^•
of South Carolina: Provided, Jiozvever, That outside of cities, pj^^g^°" "^ ^ "" y
towns and villages, and in towns or villages of three hundred
inhabitants or less, where there is no regular pharmacist, prac-
ticing physicians shall have the right to compound and sell physicians
medicines upon their obtaining a special license from said Board ™^y ^'=*-
of Pharmaceutical Examiners and paying therefor a fee off^^'^^"^^ ^^^
five dollars.
Nothing in this Article, however, shall be construed as in- Physicians'
. . own prescrip-
tending to hinder or prohibit any physician lawfully engaged tion.
in the practice of his profession anywhere within this State
from putting up his own prescriptions or dispensing his own
medicines.
Sec. 1121. It shall be the duty of the Pharmaceutical Asso- Association to
preserve r e c-
ciation of the State of South Carolina to establish, carry on, oni
and preserve in a book to be kept for the purpose, a register of J^- f-, ^f|v^-
all pharmaceutists, apothecaries, and retail druggists in the xVi., 117.
•State, including the names of persons registered, place of busi-
ness, the fact whether the person registered be a graduate in
medicine or pharmacy, or whether under license granted on
examination, and any other matter of information the said As-
sociation may see fit to add.
Sec. 1122. It shall be the duty of all licensed pharmaceutists, , To register
■' -^ .all names of
apothecaries, and retail druggists, to have their names regis- P^h a r m aceu-
tered in manner aforesaid by the Pharmaceutical Association — ^ ^ ^^^_
of the State of South Carolina, and to report annually, on orR- s. 979, ib.
before the first day of November of each year, to the said
Pharmaceutical Association of the State of South Carolina
whether any, and, if yea, what change has occurred within the
then preceding year as to their respective places of business ;
and for omission or neglect of the requirements of this Section,
or any of them, they shall, respectively, incur a fine of twenty-
five dollars; and for each and every registration, or change
thereof, the party so registered shall pay to the Secretary of
the Association the sum of one dollar. To make re-
• • r 1 o r ports to the
Sec. 1123. The Pharmaceutical Association of the State of General As-
South Carolina shall make a correct report to the General As- '■
G. S. 930;
R. S. 980; 1876,
XVI., 118.
436 CIVIL CODE
A. D. 1902. - —
son.
S. 982; lb.
"-""v-"*-^ sembly of work done by them in accordance with the pro-
visions of this Chapter, on or before the first day of December
in each year.
sonf'^ °* ^°^' Sec. 1124. Every pharmacist or other person selHng any
G. s. 931; R. poison shall be satisfied that the purchase is made for legitimate
s. 981; lb. purposes, and shall keep a book in which shall be recorded every
sale of the following articles, viz. : arsenic and its preparations,
all metallic cyanides and cyanides of potassium, tartar emetic,
corrosive sublimate, aconite and its preparations, strychnine,
and all other poisonous alkaloids and their salts, cantharides,
ergot, hydrocyanic acid, the said record also to exhibit the name
of the person to whom sold, place of his residence, and purpose
of purchase as stated; which book shall be kept at all times
subject to the inspection of the Coroner of the County and the
solicitor of the said Association, or such other persons as either
of them may designate,
poi- gg^^ 1125. All persons in this State engaged in business as
G. s. 932; R^ pharmaceutists, apothecaries, or druggists, either in the whole-
sale or retail of drugs, shall, to every bottle, vial, box, or other
package containing any poison named in the preceding Section,
or any one or more of the following articles, viz. : oxalic acid,
chloroform, belladonna and its preparations, opium and all its
preparations except paregoric, digitalis and its preparations*
henbane and its preparations, hemlock or conium, or any other
article that may be added to this list by the Pharmaceutical As-
sociation of the State of South Carolina, securely attach a label,
whereon shall be either printed or legibly written with red ink
the name of the poison and the name of at least one antidote,
with brief directions as to the mode of using the same : Pro-
vided, That nothing herein contained shall be construed to ap-
ply to the filling of prescriptions made by regular physicians :
And provided, further, That it shall be the duty of the Board
of Pharmaceutical Examiners, on application at the time of
registration, to furnish to the party registering a form of label
for poisons.
Patent medi- Sec. 1126. Nothing herein contained shall prevent merchants
and shopkeepers from vending or exposing for sale medi-
s. 982;'i&.,'ii9! cines already prepared: Provided, Such merchants and shop-
keepers shall attach to the article sold a copy of the label at-
tached thereto by wholesale druggists, and in the sale of
poisons shall comply with the provisions heretofore stated.
For penalty for unqualified persons making up prescriptions see Criminal Code.
cines.
OF SOUTH CAROLINA.
Sec. 1127. No person shall hereafter enter upon the practice
of dentistry in this State unless he shall have obtained a license o^^aL" Hcense°
from the Board of Dental Examiners in the State of South ^ g 936 • r
Carolina. _ hZ^^'"'
Sec. 1128. The South Carolina State Dental Association Board o f
shall elect a Board of Examiners, to consist of five members, to ^^f-^ Exam-
be known by the title of Board of Dental Examiners in the q g 93^. j^
State of South Carolina. The members of this board shall befy^^^g^g^ j^_^'
elected for terms of one, two, three, four, and five years, re-
spectively, or until their successors shall have been elected. The
South Carolina State Dental Association, at each annual meet-
ing thereof, shall elect a person for the term of five years to fill
the place of the member of the Board whose term of office shall
at that time expire, and shall also fill such vacancies in the
Board as may have occurred during the year. If, at any regular
meeting of the Board, any member or members shall fail to be
present, the South Carolina State Dental Association may, at
its discretion, declare the office of such absentee to be vacated,
and may proceed to elect a new member or members for the
unexpired term of such person or persons, or it may elect a
member or members to fill, temporarily, the place or places of
such absentees. This Board shall be organized by the election
of a President and a Secretary.
Sec. 1129. The Board of Examiners shall meet annually at^^^^^etrnj
: of
Ex-
the time and place of meeting of the South Carolina State Den- aminers.
tal Association, giving thirty days' notice in the public news- gGgg|-. ^||!g^-
papers, published in not less than three different places in the ^^^■' 789.
State, viz. : one in Charleston, one in Columbia and one in j^Totke
Greenville, of such annual meeting ; shall prescribe a course of c o u r s e of
reading for those who study dentistry under private instruc- ^'"'^y-
tions ; shall grant licenses to all applicants who undergo a satis- Licenses.
factory examination; shall keep a book, in which shall be ^ js^j.
registered all persons licensed to practice dentistry in the State
of South Carolina. The expenses of said license shall be fifteen ^^^•
dollars to be paid by said licensee.
Sec. 1130. The book so kept shall be a book of record, and a Book of,
■^ record.
transcript from it, certified by the officer who has it in keeping,-——^————
with the common seal, shall be evidence in any Court of the^ ^87; is75,
State.
Sec. 1131. Three members of said Board shall constitute a Quorum.
quorum for the transaction of business; and should a quorum gG^g|- 140; r.
438
CIVIL CODE
A. D. 1902.
One member
of Board may
grant licen s e,
when.
G. S. 941; R.
S. 989, lb.
Each dentist
to keep a rec-
ord.
G. S. 942;
R. S. 99a, lb.
South Caro-
lina Dental As-
s o c i a t ion a
body corporate.
G. S. 944;
R. S. 991, lb.
not be present on the day appointed for their meeting, those
present may adjourn from day to day until a quorum is present.
Sec. 1132. One member of said Board may grant a license
to an applicant to practice until the next regular meeting of the
Board, when he shall report the fact, at which time the tem-
porary license shall expire; but such temporary license shall
not be granted by a member of the Board after the Board has
rejected the applicant.
Sec. 1133. Every dentist in this State shall keep a record of
all cases treated in his practice, in accordance with a form to
be designated by the Sduth Carolina State Dental Association,
and furnish his patient with a copy of the same, if so desired
by the patient.
See Criminal Code for penalty for practicing dentistry in violation of this article.
Sec. 1134. The South Carolina State Dental Association is a
body politic and corporate, may have and use a common seal,
sue and be sued, plead and be impleaded, and be empowered to
make all necessary by-laws, not inconsistent with the State
laws and Constitution.
ARTICLE III.
Quarantine.
Sec.
1135. Port of Charleston ; adminis-
tration of quarantine ; Quar-
antine Officers, appointment,
term, salary of.
1136. Other ports of State, super-
vision and control of ;
Quarantine Officers, appoint-
ment, term, salaries of.
1137. Administration of quarantine
at the port of Beaufort.
1138. Lazaretto, site of.
1139. Station of Quarantine Officer
in Charleston harbor.
1140. Anchorage ground for vessels
at quarantine, how desig-
nated, &c.
1141. Vessels subject to quarantine,
regulations concerning.
1142. Vessels at quarantine on first
of November, to what rules
subject.
1143. Vessels arriving after first of
November, regulations as to.
1144. Vessels at wharves may be
ordered to quarantine
ground ; by whom and how.
Sec.
1145. Vessels bound North, after ex-
amination, may pass on
their voyage.
1146. Vessels released from quaran-
tine to deliver permit to city
authorities.
1147. Vessels arriving at quarantine
may return to sea.
1148. Pilots to ascertain whether in-
coming vessels are subject to
examination.
1149. To notify vessels subject to
proceed to quarantine an-
chorage.
1150. Duties of pilots as to vessels
under charge subject to
quarantine.
1151. Quarantine Officer to board
vessels, ascertain condition
and report to municipal au-
thorities.
1152. To reside near quarantine
grounds ; powers.
1153. May cause arrests of persons
violating quarantine laws or
regulations.
OF SOUTH CAROLINA.
439
A. D. 1902.
Sec.
1154. Quarantine vessels distin-
guished.
1155. Restrictions upon passage and
landing of boats, &c.
1156. Lighters not to load or un-
load quarantine vessels.
1157. Maintenance of passengers
during quarantine, how pro-
vided for.
1158. Criminal passengers may be
confined on shore ; main-
tenance of.
1159. Appeal from Quarantine Of-
ficer to Board of Appeal ;
Board, how constituted ;
powers of.
1160. Appeal, how made and prose-
cuted ; proceedings on.
1161. Power of Quarantine Officer
to enforce order ; lien on
vessels.
1162. Sanitary Inspectors, when and
by whom appointed.
1163. Duty and powers of Sanitary
Inspectors.
Sec.
1164. Appropriation to pay expenses.
1165. Governor may, by proclama-
tion, declare places infected,
&c.
1166. When effect of proclamation
to cease ; how time ex-
tended.
1167. "Vessels, &c., from such in-
fected places subject to
quarantine.
1168. "Quarantine Officer" to mean
Quarantine Officer or his
deputies, who must be phy-
sicians.
1169. Quarantine Officer may em-
ploy force, when.
1170. May fire upon vessels vio-
lating law.
1171. Boats and armed men may be
employed by Governor to
enforce laws.
1172. Harbor Commission of Char-
leston, authority of.
1173. Quarantine charges.
Section 1135. The administration of quarantine of the port of leston, admin-
Charleston shall be in charge of the Board of Health of the q u a r a ntina;
City of Charleston, subject to the advice and supervision of theficer, appoint-
Executive Committee of the State Board of Health, and they salary of.
shall have full power and authority to make such rules and g. s. 997;
, . ^ , . . . , ,. , . R. S. 977; 1881,
regulations for the institution and enforcement ot quarantine xvii., 5 9 7;
as they may deem expedient and as may be conformable to law. 69i.'
The quarantine officer of the port of Charleston shall be ap-
pointed by the Governor on the nomination of the Board of
Health of the City of Charleston, and shall be vested with all
the powers and authority heretofore by law conferred upon the
Health Officer of the port of Charleston, and shall exercise the
same under the direction and control of the said Board of
Health of the City of Charleston. He shall receive a salary
from said Board at the rate of eighteen hundred dollars per
annum, and he shall reside at the quarantine station. He shall
be appointed during the month of January, and hold his office
for two years, and until his successor shall be appointed, unless
sooner removed by the Governor, at the request of the Board of
Health of the City of Charleston, or for other reasons satis-
factory to him.
For the purpose of carrying out the provisions of this Ar-
ticle with regard to the port of Charleston, the sum of two
thousand five hundred dollars shall be annually appropriated,
CIVIL CODE
to be paid by the State Treasurer, on the order of the Chairman
of the Board of Health of Charleston.
Other ports gee. 1136. The port of Georg-etown shall remain under the
of State; svl- ^ °
pervision and suoervision and control of the Executive Committee of the
cent rol or; '^
Quarantine of- g^a^te Board of Health, and a Quarantine Officer shall be ap-
ficers; appoint- ' -^
ment, t e r m, pQjj^^g(^ fgj- ^j-^g gaid port who shall be vested with the power
salary, of. ^ -^
^ „ „_^ p and authoritv heretofore by law conferred upon the Health
O. is. 9/7; is.. - ■'
s. 993, lb. Officer, and shall exercise the same under the direction and
control of the Executive Committee of the State Board of
Health, or such local Board as the said Executive Committee
may appoint for that purpose. He shall return to the said
Executive Committee, or to the said local Board, all fees col-
lected by him, and shall receive for his services annually five
hundred dollars, and one hundred and fifty dollars for boat
hire.
Administra- ggp 1137. Jhe administration of the quarantine of the port
tion of quar- -■■ , ^
antine at the ^f Bcaufort, embracinsT St. Helena entrance and Port Royal,
port of Beau- ' o -
fort- shall be in charge of the Township Board of Health of Beau-
isgi" XX ^1251'^°^^ Township, subject to the advice and supervision of the
Executive Committee of the State Board of Health; and they
shall have full power and authority to make such rules and
regulations for the institution and enforcement of quarantine
as they may deem expedient and as may be conformable to
law. The Quarantine Officers of the Port of Beaufort, St.
Helena and Port Royal shall be appointed by the Governor on
the nomination of the Township Board of Health of Beaufort
Township. They shall be invested with all powers and au-
thority heretofore by law conferred upon the Health Officers of
St. Helena and Port Royal, and they shall exercise such powers
and authority under the direction and control of the said Town-
ship Board of Health of Beaufort Township. They shall each re-
ceive a salary from said Board at the rate of eight hundred
dollars per annum, and the officer at St. Helena entrance one
hundred and fifty dollars for boat hire, and the officer at Port
Royal three hundred dollars for boat hire, and each shall reside
at the quarantine station for which he is appointed. They shall
be appointed during the month of January, and shall hold their
office for two years, and until their successors shall be ap-
pointed, unless sooner removed by the Governor at the request
of the Township Board of Health of Beaufort Township, or for
other reasons satisfactory to him. For the purpose of carrying
out the provisions herein with regard to the port of Beaufort
OF SOUTH CAROLINA. 441
A. D. 1902.
the sum of two thousand and fifty dollars shall be annually ap- ^"-"^v-"*-^
propriated, to be paid by the State Treasurer on the order of
the Chairman of the Township Board of Health of Beaufort
Township.
Sec. 1138. The site of the Lazaretto attached to the Quaran- jj2p'14r''^o"?
tine Station in Charleston harbor is changed from Morris ^f^|^^^"g°^jJJJ
Island to the point on James Island adjacent to Fort Johnson, Haroor.
upon the lands now the property of the State. s.*^995.' ^^^' ^'
Sec. 1139. The station of the Quarantine Officer of the port ^ggg xvii.,
of Charleston, or his deputies, shall be at a suitable point on^^^-
Sullivan's Island, or at Fort Johnson, as may be thought best jjJ[f]J'°officer
for the expeditious boarding and examination of vessels arriv- Harb^rf'^^^^''"'^
ing from all ports into the harbor of Charleston ; the location q g g^g.
of said station to be determined upon by the Harbor Commis-^g.^xp^;, 227.
sion ; and the necessary buildings shall be erected for the ac-
commodation of the Quarantine Officer and his deputies.
Sec. 1140. The anchorage ground for vessels at quarantine an^^or^^lft an°
at the ports of Georgetown, Charleston and Hilton Head shall fn°d^^^ Remain
be designated by buoys, to be anchored under the direction of ufation\.*° hu-
the Quarantine Officers; and every vessel subject to quaran- r°nti^|^'^to^"n-
tine shall, immediately on her arrival, anchor within them, and f^^i? -^ ^ ^ "'
there remain, with all persons arriving on her subject to the g. s. 947;
■examination and regulations imposed by law. For the purpose xivi, 112, §i;'
of quarantine, the port of Hilton Head shall be held to include lo2^' ^^^ ^■'
the port of Beaufort. The quarantine anchorage for Port
Royal shall be not less than one mile below and south of the
mouth of Johnson's or St. Helena River.
Sec. 1141. For the more certain prevention of the introduc- vessels sub-
tion of disease into the several ports of this State, every vesselimine° ^"^^"
arriving from a foreign port, or from a suspected or infected g. s. 948;
• R S 998' 1881
port of the United States, shall immediately proceed to thex'vii., 59 6-
quarantine station of the port of arrival and display a yellow44i;'i893', xxii
520
flag, or the vessel's ensign in the rigging, and shall be visited
by the Quarantine Officer between sunrise and sunset as soon
as possible after such arrival. All vessels which have had in- Quarantine
fectious or contagious diseases on board during the voyage, or
while in the port of departure, and also all vessels from in-
fected or suspected latitudes or ports, shall be subject to a de-
tention for such time as the constituted health authorities at the
port of arrival may deem requisite, and practique shall not be
given to any such vessel until such vessel shall have been thor- practique.
oughly disinfected and fumigated, the cargo and ballast having
442 CIVIL CODE
A. D. 1902. ^
^ V ' been first discharged, "unless the constituted health authorities
of the said port shall deem such disinfection, fumigation and
discharge unnecessary.
qiXrantlne^ on ^®^' 1142. All vcsscls and pcrsous remaining at quarantine
vemben^ ^°' o" ^^^ ^^^t day of Novembcr, shall thereafter be subject to such
~^ ^ ^7^ quarantine and restrictions as vessels and persons arriving on
xvi:.1?l,'§1: and after that day.
Infected and ^®^' H^^. All vcsscls arriving on and after the first day of
a?rfvfn£?^^lftirNo"^^^t)er, having had, during the voyage, a case of smallpox,
vember^to^ be cholera, or typhus, or infectious or contagious disease, and
quaranti*ne^"as evcry vcsscl from a forcigu port having passengers, and not
?ri*s*^c ?fbTs^ hereinbefore declared subject to quarantine, shall, on her ar-
be^^vlc?fnated.° fival, bc auchorcd at quarantine ground, and be visited by the
G_ s. 950; Quarantine Officer or his deputies, but shall not be detained
^69, xiv."!2io! beyond the time requisite for due examination, unless she shall
^ ^' have had on board during the voyage some case of smallpox,
typhus, or other infectious or contagious disease, in which case
she shall be subject to such quarantine as the Quarantine Offi-
cer or his deputies shall prescribe. And it shall be the duty of
the Quarantine Officer or his deputies, whenever necessary for
the public health, to cause the persons on board of any vessel to
be vaccinated.
Vessels at Scc. 1144. The Quarantine Officer, Intendant and Wardens,
passengers Ind or the Mayor and Aldermen, as the case may be, and in the port
o"d°er"eY to of Charleston the Harbor Commission, whenever in their judg-
ground.^ "^ *"^ mcnt the public health shall require, may order au}^ vessel at
G. S. 951; the wharves of either of said ports, or in their vicinity, to the
1868, XIV, 113', quarantine ground or other place of safety, and may require all
persons, articles, or things introduced into said ports from such
vessels to be seized, returned on board, or removed to the quar-
antine ground, or other place. If the master, owner or con-
signee of the vessel, cannot be found, or shall refuse or neglect
to obey the order of removal, the Quarantine Officer, Intendant
and Wardens, or Mayor and Aldermen, and in the port of
Charleston the Harbor Commission, as the case may be, shall
have power to cause such removal, at the expense of such
master, owner, or consignee, and such vessel or person shall
not return to the port without the written permission of the
Ouarantine Officer.
Vessels bound "^ ^^.- -r- . . . , . ,
north, after ex- Scc. 1145. if ally vcsscl amviug at the quarantine ground,
amination, may .,.,,., , .
pass on their subject to quarantine, shall be bound to some port north oi
voyage-
either of said ports, the Health Officer, after having duly
G. S. 952; K.
S. 1002; Ih„ §5.
OF SOUTH CAROLINA.
visited and examined her, may permit her to pass on her voy-
age ; but no such vessel shall be brought to anchor off either of
said ports, nor shall any of her crew or passengers land in or
hold any communication with either of said ports, or any person
therefrom.
Sec. 1146. The master of every vessel released from quaran- j^^^^/ ^/^/q""^
tine and arriving at a wharf in either of said ports shall, within deilver^'permit
twenty- four hours after such release, deliver the permit of the tfe^*^ authon-
Quarantine Officer at the office of the Mayor or Intendant, as q §_ 953.
the case may be. f^_^ if; ^^^'
Sec. 1147. Nothing in this Article shall prevent any vessel vessels ar-
arriving at quarantine from again going to sea before breaking "ntine may"re-
turn to sea.
bulk.
Sec. 1148. It shall be the duty of -each pilot belonging to r. ^"s.^' loot!
either of the said ports to use his utmost endeavors to hail every ^''" ^^"
vessel he shall discover entering the port, and to interrogate the certaiV whefh-
master of such vessel in reference to all matters necessary to yJsseis'areTub^
enable such pilot to determine whether, according to the pro-naUon? ^^^™''
visions of the preceding Sections, such vessel is subject to g. s. 955;
quarantine or examination by the Quarantine Officer. i^., §8.'
Sec. 1149. If, from the answers obtained to such inquiries, to notify
it shall appear that such vessel is subject to quarantine or ex- fect^^to proceed
amination by the Quarantine Officer, according to the preceding anchorage" '"^
Sections, the pilot shall immediately give notice to the master g. s. 956;
of the vessel that he, his vessel, his cargo, crew, and passengers, ises, xiv, us',
are subject to such examination, and that he must proceed and
anchor said vessel at the quarantine anchorage, there to await
the further directions of the Quarantine Officer.
Sec. 1150. It shall be the duty of every pilot, who shall con- Duties of
duct into port a vessel subject to quarantine or examination by tion V"vesseis
the Quarantine Officer : c h a r g e, and
1. To bring such vessel to anchor within the buoys marking antine.
the quarantine anchorage. g. s. 956; r.
2. To prevent any vessel or boat from coming alongside of "
the vessel under his charge, and to prevent anything on board
from being transferred to or thrown into any other vessel or
boat.
3. To present to the master of the vessel a printed copy of
this Article, when such copy shall have been delivered to him
for that purpose.
CIVIL CODE
4. To take care that no violations of this Article be commit-
ted by any person, and to report such as shall be committed,
as soon as may be, to the Quarantine Officer.
5. To subject himself to such detention and delay, and cleans-
ing and purification, as to his person and clothing, as shall be
prescribed by the Quarantine Officer, after having boarded or
brought to the quarantine ground any vessel subject to quar-
antine.
o ffPc"! r^"*'t"o S^c- ll^l- It shall be the duty of the Quarantine Officer to
vess^ds '^"scer-^^^^^ cvcry vcsscl subjcct to quarantine or visitation by him
dluon^ M/°re- immediately on her arrival, between sunrise and sunset ; to in-
c° a\ *°authori- ^uirc as to the health of all persons on board, and the condition
^'^^- of the vessel and cargo, by inspection of the bill of health,
R s' 1008 -Tb' manifest, log-book, or otherwise; to examine, on oath, as many
114, §11. ^j^(j such persons on board as he may judge expedient to enable
him to determine the period of quarantine and the regulations
to which such vessels shall be made subject, and report the facts
and his conclusions, and especially to report the number of per-
sons sick, and the nature of the disease with which they are
afflicted, to the Mayor or Intendant, in writing.
To reside Scc. 1152. It shall be the duty of the Quarantine Officer to
near quaran- -^ ^ "^
tine grounds; reside withiu or near the quarantine ground ; and he shall have
powers.
G. S. 959;POWe^-
R. S. 1009; j&., I, To remove from the quarantine anchorage ground any
vessel he may deem dangerous to the public health, to any place
south or east of the quarantine ground, inside the bar.
2. To cause any vessel under quarantine, when he shall
judge it necessary for the purification of the vessel or her cargo,
passengers, or crew, or either of them, to discharge or land the
same at the quarantine ground.
3. To cause any such vessel or cargo, bedding, and the
clothing of persons on board, to be ventilated, cleansed and
purified in such manner, and during such time, as he shall
direct ; and, if he shall judge necessary to prevent infection or
contagion, to destroy any portion of such bedding or clothing;
and, with the concurrence of the Mayor or Intendant, any por-
tion of such cargo which may be deemed incapable of purifica-
tion.
4. To prohibit and prevent all persons arriving in vessels
subject to quarantine from leaving quarantine, or removing
their goods or baggage therefrom, until fifteen days after tihe
last case of pestilential, contagious, or infectious disease shall
OF SOUTH CAROLINA. 445
A. D. 1902.
have occurred on board, and ten days after her arrival at quar- ^-^-v^^
antine, unless sooner discharged by him.
5. To permit the cargo of any vessel under quarantine, or
any portion thereof, when he shall judge the same free from
infection and contagion, to be conveyed to the landing.
6. To cause all persons under quarantine to be vaccinated,
when he deems it necessary for the preservation of the public
health.
7. To administer oaths and take affidavits in all examinations
prescribed by this Chapter, and in relation to any alleged viola-
tion of quarantine law or regulation ; such oaths to have the
like validity and effect as oaths administered by a Magistrate.
Sec. 1153. The Quarantine Officer may direct, in writing. May cause
any Sheriff or Constable to pursue and apprehend any person, s" n s °eioping
not discharged, who shall elope from quarantine, or who shall t^^e; ^su^c^h
violate any quarantine law or regulation, or who shall obstruct mis°demeanor. ^
the Health Officer in the performance of his duty, and to de- g. s. 960;
liver him to said officer, to be detained at quarantine until dis-ises,' xiv.',
charged by said officer ; but such confinement shall in no case '
exceed ten days. It shall be the duty of the Sheriff or Con-
stable, so directed, to obey such direction.
See Criminal Code for penalty for violation of quarantine laws.
Sec. 1154. Everv^ vessel during her quarantine shall be desig- Qua rantine
. . . vessels dislin-
nated by colors to be fixed in a conspicuous part of her mamguished.
shrouds. „ G. S. 961;
R- S. 1011; lb..
Sec. 1155. No vessel or boat shall pass through the range §14.
of vessels Ivins; at quarantine, or land at the quarantine grounds. Boats not to
='•'• "^ ° 'pass through
without the permission of the Health Officer. range of quar-
■^ antmed vessels
Sec. 1156. No lighter shall be employed to load or unload or land at
■^ '■ ' quarant ine
vessels at quarantine without permission of the Quarantine ground.
Officer, and subject to such restrictions and regulations as he G. s. 962;
shall impose. §i5.
Sec. 1157. All persons being on board of vessels under quar- Lighters not
'^ ° -^ _ to unload quar-
antine shall be provided for by the master of the vessel in a n t i ned ves-
which thev shall have arrived; and if the master shall omit or — - —
G. S. 963;
refuse to provide for them, or thev shall have been sent onR- s. lois; /&.,
shore bv the Ouarantine Officer, thev shall be maintained at the „
-^ ' _ 'Fassengers to
expense of such vessel, her owners, consignees, and each and be maintained
^ , . DJ" master o f
every one of them ; and the Ouarantine Officer shall not permit vessel during
'^ quarantine.
such vessel to leave quarantine until such expenses shall have— ——————
O. o. 964 J K..
been repaid or secured; and the said Quarantine Officer shall s. 1014; ises,
^ '*' XIV., 114, § 17.
CIVIL CODE
have an action against such vessel, her owners, and consignees,
and each and every one of them, for such expenses, which
shall be a lien on such vessel, and as such may be enforced as
other liens on vessels.
sengS mafbe ^60. 1158. The Quarantine Officer, upon the application of
sh°o?ef expen°se ^^^ mastcr of any vessel under quarantine, may confine in any
during"quTran^ suitable placc on shore any person on board of such vessel
f rayed° by*^ ves- charged with having committed an offence punishable by the
ff!^ laws of this State or the United States, and who cannot be
s.'^'iw5rjL!^§s^c^^^^ °^ board of such vessel; and such confinement may
■^^' continue during the quarantine of such person, or until he
shall be proceeded against in due course of law; and the ex-
pense thereof shall be charged and collected as in the last pre-
ceding Section.'
fro'm^Heaith Scc. 1159. Any pcrson aggrieved by any decision, order, or
Boafrd ^of Ap° direction of the Quarantine Officer, may appeal therefrom to
^^^^' the Governor, Attorney General, and Comptroller General,
s.'^ioi6;^Tb'.,^§ who shall constitute a Board of Appeal; the said Board shall
"^^" have power to affirm, reverse, or modify the decision, order,
or direction appealed from, and the decision of the Board
thereon shall be final.
made^and pro^ Scc. 1160. An appeal to the Board of Appeal must be made
^^'^"^^ ' by serving upon the Quarantine Officer a written notice of such
R. s! 1017; jfe.' appeal, within twelve hours after (Sundays excepted) the ap-
pellant receives notice of the order, decision, or direction com-
plained of. Within twelve hours after the Quarantine officer
receives such notice (Sundays excepted) he shall make a re-
turn, in writing, including the facts on which his order, de-
cision, or direction was founded, to the Governor, who shall
immediately call a meeting of the Board of Appeal, and shall
be President of said Board ; and said appeal shall be heard and
decided within twenty-four hours thereafter (Sundays ex-
cepted) ; and, until such decision is made, the order, decision,
or direction complained of, except it refer to the detention of a
vessel, her cargo, or passengers at quarantine, shall be sus-
pended.
ficer may en- Scc. 1161. Whenever the said Quarantine Officer, in the
force orders; . . , , . , . P' . . ,
expense to be performance of the duties and m the execution of the powers
a lien on ves- . ,.,. .... ..
sei. imposed and conferred upon him by law, shall order or direct
G. s. 968; the master, owner, or consignee of any vessel under quaran-
R. S. 1018; lb., . , , ^ , -^ , ^,
116, §21. tme, to remove such vessel from her anchorage, or to do any
act or thing, or comply with any regulation relative to said
OF SOUTH CAROLINA.
vessel, or to any person or thing on board thereof, or which
shall have been brought to said ports therein, and said master,
owner, or consignee shall neglect or refuse to comply with such
order or direction, the said Quarantine Officer shall have power
to employ such persons and assistants as may be necessary to
carry out and enforce such order or direction, and the person
so employed shall have a lien on such vessel, her tackle, ap-
parel, and furniture, for their services and expenses.
See Section 1089, ante, as to supervision of quarantine by the State Board of
Health.
Sec. 1162. The Governor is authorized, upon the advice and spf(fjors^''^hS^
recommendation of the Chairman of the State Board of Health, Ippointe'dT^"'"
to appoint Sanitary Inspectors whenever any contagious or q g. 970a;
infectious disease shall appear or become epidemic in this State ^^gg^ xx-.^to'.
or any other State directly connected with this State by land or
water transportation.
Sec. 1163. The duty of such Sanitary Inspectors shall be, p^^, "^s ^of^ in^
under the direction and control of the State Board of Health !£!!!£!!:
or its proper officers, to inspect railroad cars, vessels or other^ g / 1021;
conveyances, and they are empowered to stop and detain such'^'^'
cars, vessels or other conveyances, and any or all passengers,
baggage and freight, when deemed expedient, and to have such
cars, vessels or other conveyances, baggage or freight dis-
infected or destroyed if necessary to prevent the spread of
disease. And the said Sanitary Inspectors are hereby consti-
tuted officers to administer oaths and to arrest all persons vio-
lating the sanitary laws of the State or interfering with and
hindering them in the discharge of their duties.
Sec. 1164. The expenses for carrying out the provisions of Appropria-
the preceding Section shall be provided for by a contingent pe°nses° ^^^ ^^'
fund of three thousand dollars, which shall be administered by g. s. 970c;
the State Board of Health and disbursed on the order of the
Chairman of said Board, countersigned by the Governor.
Sec. 1165. The Governor may issue his proclamation de- Governor
daring any place where there shall be reason to believe a pes- 1 a m ation, de-
tilential, contagious or infectious disease exists or may exist to fected, &c.
be an infected place within the meaning of this Article: and g. s. 971
1 1 • , . , . R. S. 1023
may make such regulations as may be necessary m order to pre-ises, xiii, 307
-^ , * , r A ■ • 1 1 • • 1 • 1868, XIV., lie:
vent the entrance or spread or Asiatic cholera into or m this §23.
State.
Sec. 1166. Such proclamation shall fix the period when it
shall cease to have such effect; but such period, if he shall
448 CIVIL CODE
A. D. 1902.
' — ~Y-— ^ judge the public health to require it, may from time to time
oi^V^T^ ciama-^^ extended, and notice of the same shall be published in all
how time^^ex- ^^^ newspapers of said port.
^^"'^^^^ Sec. 1167. After such proclamation shall have been issued,
s^'i^l-^'ii ^i^^^ vessels arriving in either of the said ports from such in-
-^- fected place shall, together with their officers, crews, passen-
suc "^Infected &^^^ ^^"^ cargocs, be subject to all the provisions, regulations
suWectto°quar^ ^^"^ penalties of this Article in relation to vessels subject to
^"^^'^^- quarantine ; but such quarantine shall not extend beyond the
R s' 10^75. /"I' period when such proclamation shall cease to have effect, as
§ -•^- provided by the last preceding Section.
o ffi^cTr"''*''to Sec. 1168. AA'henever the words •'■Quarantine Officer" occur
tinl^o&cer^oT i^ ^^is Article, they shall be understood to mean Quarantine
who mu^st'^'lfe Officer or his deputies : Provided, That said deputies shall in
physicians. ^|| (^^ggg ]-)g graduates of a regular medical school.
R. ^'s.^' 1026'; Sec. 1169. The officer or officers who may be intrusted with
1869, XIV., 210, ^YiQ execution of the quarantine laws are authorized and di-
Ouarantine fccted, in case of a violation or attempt to violate any of the
officer ma^yrai- g^j^ laws, to board, by force of arms, any vessel used in such
'''^^"- violation or attempt to violate, and to detain her and her crew
sf ■ io27!^isS; and passengers.
\., 508, §1. ggg_ 1170. Any vessel which shall be restrained under quar-
Mayfire upon autiuc laws and shall attempt to violate the same may be fired
v^essd violating ^p^^^^ and detained by force of arms.
Q s. 981; Sec. 1171. When the Governor may deem it necessary, he
Is"; ^is32f'vL; shall, at the expense of the State, hire and employ boats and
*'^' ^^' small craft, and a sufficient number of able men, well armed, to
arm°e^d men bc Stationed whcrcvcr he may think fit, and to act under his
^oyed by G^o"- directions, in order to enforce obedience to the laws of this
fo?ce laws. ^^' State requiring the performance of quarantine, and also to arm
G. s. 982; such men, if requisite, with any firearms belonging to this
R. S.i029; 1797, c. .
v., 310. btate.
Harbor Com- Scc. 1172. The Harbor Commission shall control all quar-
ChariLtonha°r-antine stations and buildings in Charleston Harbor, shall desig-
bor, authority ^^^^ ^^^ ^^ ^^^ locatiou thcrcof , and shall make such regula-
G. s. 983; tious respecting the same as will secure the thorough and com-
1 8 8 0, ■ XVII.', plete enforcement of the quarantine laws of the State, m no
way, however, limiting or encroaching upon the powers and
duties of the State Board of Health.
Sec. 1173. The following uniform schedule of charges is
hereby adopted for quarantine dues at all ports of the State,
the amount collected to be expended for the more effective
OF SOUTH CAROLINA.
enforcement of quarantine at each port, to wit : For every
vessel boarded and inspected, $3; for every vessel of 100 tons ^j^ Q " ^'■^'^*™
or less, fumigating and disinfecting, each process, $10; for — ^ — ^ — —
every vessel over 100 tons and less than 250 tons, fumigating ^g.^ ^xv^'^i^i
and disinfecting, each process, $14; for every vessel over 250 ^^^j'j '^^-^^
tons and less than 500 tons, fumigating and disinfecting, each^^^^* ^^-^ ^^
process, $20; for every vessel over 500 tons and less than 750
tons, fumigating and disinfecting, each process, $28 ; for every
vessel over 750 tons and less than 1,000 tons, fumigating and
disinfecting, each process, $34; for every vessel over 1,000 tons
and less than 1,250 tons, fumigating and disinfecting, each
process, $40; for every vessel over 1,250 tons, fumigating and
disinfecting, according to tonnage of vessel, each process, $44
to $68. Except, That in every port in this State where the
Holt System of Maritime Sanitation is in use the following
charges shall be enforced, to wit : Inspection Fees — For every
schooner or brig, $8; for every bark, $10; for every steamship
or ship, $15. Fumigation and Disinfection Fees — For every
schooner under 500 tons, a sum not exceeding $50; for every
bark or brig over 500 tons, a sum not exceeding $60 ; for every
steamship or ship under 1,000 tons, a sum not exceeding $75;
for every steamship or ship over 1,000 tons, a sum not ex-
ceeding $100. In all cases the Quarantine Officer will collect
the charges made against vessels before giving permission to
leave quarantine, either by Captain's draft on consignee or in
currency, and shall return the same to the Board charged with
the administration of the quarantine at such port, who shall
be responsible for the disbursement thereof.
TITLE IX.
OF PUBLIC INSTRUCTION.
Chapter XXIV. Free Public Schools.
Chapter XXV. State University.
Chapter XXVI. The Clemson Agricultural College and
the special public powers and duties of
the Board of Trustees thereof.
Chapter XXVII. South Carolina Institute for the Educa-
tion of the Deaf and Dumb and Blind.
29. — C.
CR'IL CODE
CHAPTER XXIV.
Free Public Schools.
Sec. 1 Sec.
1174. State Superintendent of Edu- 1204.
cation ; election, bond, sal- i
ary. ' 1205.
1175. Duties of.
1176. Report to General Assembly. 1206.
1177. Allowance for clerk hire.
1178. State Treasurer to hold any ; 1207.
devise or bequest to State
for educational purposes. 1208.
1179. Other duties State Superin-
tendent -of Education. 1209.
1180. Vacancy in his office, how
filled. 1210.
1181. State Board of Education;
of whom composed. 1211.
1182. Meetings of Board ; compen- 1212.
sation. 1213.
1183. Advisory Board to Superin- 1214.
tendent of Education. 1215.
1184. General powers State Board
of Education. 1216.
1185. Enrollment of school children.
1186. County Superintendent of 1217.
Education ; election, bond,
&c. 1218.
1187. Vacancies in office to be filled
by State Board of Eduea- 1219.
tion.
1188. Duty to visit schools.
1189. To attend annual settlement 1220.
of County Treasurer, and to
apportion school funds.
1190. Annual report of County 1221.
Board of Education. 1222.
1191. Annual report of County
Superintendent to the Court. 1223.
1192. County to furnish office, &c.
1193. Report to County Treasurer
of claims approved. 1224.
1194. Register of approved claims 1225.
to be kept.
1195. Trustees to be furnished
copies of reports. 1226.
1196. Official seal of County Super-
intendent of Education. 1227.
1197. Salaries of.
1198. Additional compensation for. 1228.
1199. County Board of Education,
of whom composed, term, &c. 1229.
1200. Duties of. 1230.
1201. What must be taught in
schools.
1202. Three mill and poll tax, duties
in reference to. 1231.
1203. To be advisory board to 1232.
County Superintendent. 1233.
Meetings and duties of County
Board of Education.
To divide Counties into
School Districts, size, &c.
School Trustees in each dis-
trict.
School districts made tax dis-
tricts.
How special taxes may be
levied.
Special school districts in ad-
joining Counties.
School Trustees ; how ap-
pointed, terms, &c.
Duties of.
Meetings of.
Power to sell school property.
Transfer of pupils, how made.
Reports of teachers, how and
to whom made.
Claims, how and by whom
signed.
Trustees not to receive pay
as teachers.
Powers and duties of School
Trustees.
Tax returns to contain num-
ber and name of School Dis-
trict.
Auditor to report amount of
taxes to County Superinten-
dent.
Disposition of poll tax.
County Treasurer to report
who paid poll tax.
County Treasurer to report
monthly to County Superin-
tendent of Education.
School funds, how disbursed.
Annual report County Treas-
urer to County Superinten-
dent of Education.
Unexpended balances carried
forward.
Certain officers prohibited
buying school certificates.
Trustees to regulate school
term, &c.
Age of school attendance.
Members of State and County
Boards of Education and
School Trustees exempt
from military duty.
Separate school for each race.
School year.
Minimum term.
OF SOUTH CAROLINA.
451
A. D. 1902.
Sec.
Sec.
1234.
Comptroller General to esti-
mate deficiency.
1245
1235.
Apportionment of funds from
dispensary.
1246
1236.
How made.
1237.
Printing for schools.
1247
1238.
Special or Graded School Dis-
tricts.
1248
1239.
County Boards of Education
to provide books at cost.
1249
1240.
Unlawful ,to use in public
schools books disapproved
1250
by State Board of Educa-
1251-
tion.
1241.
School claims, how proved and
paid.
1253
1242.
Arbor Day to be observed.
1254
1243.
Officers and Trustees to report
to State Superintendent of
1255.
Education.
1244.
County Siiperintendent of Edu-
cation in Charleston charged
only with schools outside of
Charleston.
1256.
City of Charleston divided
into School Districts.
Powers and duties of School
Board for City of Charles-
ton.
Provision for higher educa-
tion in Charleston.
Beneficiaries from Charleston
County in State University.
Retirement fund for teachers
in Charleston.
Trustees of such fund, duties.
2. What teachers may be
beneficiaries.
Provision if fund is insuf-
ficient.
Disposition of surplus school
funds in Charleston County.
How surplus to be ascer-
tained.
For what purpose used.
Section 1174. The State Superintendent of Education shall i^^st^at|^Supej-^
be elected at each general election, in the same manner as other fiecdon°'bond^
State officers, and shall enter upon the duties of his office at salary.
the time prescribed by law. Before entering upon the duties ^g^g^^ ^^q\-'
of his office, he shall give bond, for the use of the State of •^^^^^- '^^°-
South Carolina, in the penal sum of five thousand (5,000)
dollars, with good and sufficient sureties, to be approved by
the Governor, conditioned for the faithful and impartial per-
formance of the duties of his office ; and he shall also, at the
time of giving bond, take and subscribe the oath prescribed in
Section 26 of Article III of the Constitution of the State,
which shall be endorsed upon the back of said bond ; and the
bond shall be filed with the Secretary of State, and by him
recorded, and when so recorded, shall be filed with the State
Treasurer. The Superintendent of Education shall receive as
compensation for his services the sum of nineteen hundred dol-
lars per annum, payable monthly out of the State Treasury ;
and his traveling expenses, not exceeding three hundred dol-
lars, shall be paid out of the State Treasury upon duly itemized
accounts rendered by him.
Sec. 1175. He shall have general supervision over all the Duties of.
public school funds, and it shall be his duty to visit every ^g^^^^*^' ^^i--
County in the State as often as practicable for the purpose of
CIVIL CODE
inspecting the schools, awakening an interest favorable to the
cause of education, and diffusing as widely as possible, by
public addresses and personal communications with school
officers, teachers and parents, a knowledge of existing defects
and of desirable improvements in the government and instruc-
tion of the said schools. He shall secure, by and with the ad-
vice of the State Board of Education, uniformity in the use of
text books throughout the free public schools of the State, and
shall forbid the use of sectarian or partisan books and instruc-
tion in said schools. He shall prepare and transmit to the
several County Superintendents of Education, school registers,
blank certificates, reports and such other suitable blanks, forms
and printed instructions as may be necessary to aid school
officers and teachers in making their reports and carrying into
full effect the various provisions of the school laws of this
State ; and shall cause the law relating to the free public
schools, with such rules, regulations, forms and instructions as
shall be legally prescribed, to be printed, together with a suit-
able index, in pamphlet form, at the expense of the State ; and
he shall cause copies of the same to be transmitted to the sev-
eral County Superintendents of Education for distribution.
He shall collect in his office such school books, apparatuses,
maps and charts as can be obtained. He may certify copies
of all papers filed in his office, and such certified copies shall be
competent evidence thereof.
GenerIP°As°- Sec. 1176. He shall make a report, through the Governor,
, to the General Assembly at each regular session thereof, show-
ing: 1st. The whole number of pupils registered in and the
number enrolled as hereinafter defined in the free common
schools of this State during the year ending the thirtieth day
of the last preceding June, and the number in each County
registered in and the number enrolled as hereinafter defined
during the same period. 2d. The number of whites and the
number of colored, of each sex, attending the said schools.
3d. The number of free schools in the State. 4th. The num-
ber of pupils studying each of the branches taught. 5th. The
average wages paid to teachers of each sex, and to the prin-
cipals of schools and departments in said schools. 6th. The
number of school houses erected during the year, and the lo-
cation, material and cost thereof. 7th. The number previously
erected, and the material of their construction, and their con-
dition and value, and the number with the grounds enclosed.
sembly.
lb.
OF SOUTH CAROLINA. 453
A. D. 1902.
8th. The Counties in which Teachers' Institutes were held, and "" — v — '
the number attending the Institutes in each County. 9th. Such
other statistical information as he may deem important, to-
gether with such plans as he may have matured and the State
Board of Education may have recommended for the manage-
ment and improvement of the school fund and for the more
perfect organization and efficiency of the free public schools.
All State institutions of higher learning shall make an annual
report on or before the first day of September of each year
to the State Superintendent of Education, embracing a detailed
account of the operations of such institutions, including the
expenditure of the public moneys for the current scholastic
year, which reports the State Superintendent of Education
shall include in his annual report to the Legislature. All Acts
or parts of Acts requiring annual reports to be made to other
authorities are hereb}'- repealed.
Sec. 1177. The sum of nine hundred dollars shall be allowed s alary of
to the Superintendent of Education for the purpose of de-'^'^'"'^-
fraying the expenses of clerk hire in his office.
Sec. 1178. The State Treasurer shall take and hold in trust state Treas-
for the State any grant or devise of lands and any gift or be- any devise or
. , , 1 1 • _c bequest to the
quest of money or other personal property made to him for state for edu-
1 • 1 ' 11-c 1 r^ 1 1 cational pur-
educational purposes, all gifts to the State where the purpose poses, &c.
is not designated, all escheated property, the net assets or
funds of all estates or copartnerships in the hands of the Courts
of the State where there have been no claimants for the same
within the last seventy years, and other money coming into the
Treasury of the State by reason of the twelfth Section of an
Act entitled "An Act to provide a mode of distribution of the
moneys as direct tax from the citizens of this State by the
United States in trust to the State of South Carolina," ap-
proved the twenty-fourth day of December in the year eighteen
hundred and ninety-one, together with such other means as the
General Assembly may provide. The State Treasurer shall
from time to time invest in bonds of this State or of the United
States all such money in the name of the State, as a permanent
State school fund, and shall pay out the income derived there-
from to the County or the Counties of the State as the same
may be apportioned among said Counties by the State Board of
Education : Provided, That no disposition shall be made of
any property, grant, devise, gift, or bequest, inconsistent with
the purposes, conditions or terms thereof. For the faithful
CIVIL CODE
management of all property so received by the State Treasurer,
he shall be responsible upon his bond to the State as for other
funds received by him in his official capacity : Provided^ how-
ever, That the Trustees of any school district of this State may
take and hold in trust for their particular school district any
property granted, devised, given or bequeathed to such school
district, and apply the same in the interest of the schools of their
district in such manner as in their judgment seems most con-
ducive to the welfare of the schools when not otherwise directed
by the terms of the grant, devise, gift or bequest: And pro-
vided, further, That before said Trustees shall assume control
of any grant, devise, gift or bequest they shall give a bond,
to be approved by the County Board of Education of the
County in which such grant, devise, gift or bequest is made,
conditioned for the faithful discharge of the trust reposed in
them in respect to said property, which bond shall be deposited
with the Clerk of the Court of said County. The said Trustees
are hereby invested with the care and custody of all school
houses or other school property belonging to their school dis-
tricts, with full power to control the same in such manner as
they may think will best subserve the interest of the free public
schools and the cause of education.
Other duties, gg^^ ^^q -pj^g g^^^^g Superintendent of Education shall dis-
charge such other duties as may be provided by law ; and he
shall deliver to his successor, within ten days after the expira-
tion of his term of office, all books, papers, documents and
other property belonging to his office,
fiuldf"'^^' '^°'''' Sec. 1180. In case a vacancy occurs in the office of State
Superintendent of Education, from any cause, such vacancy
shall be filled by the Governor, by and with the advice and
consent of the Senate, and the persons so appointed shall
qualify within fifteen days from the date of such appointment,
or else the office shall be deemed vacant. If the vacancy occur
during the recess of the Senate, the Governor shall fill the same
by appointment until the Senate can act thereon.
State Board gcc. 1181. The Govcrnor, the Superintendent of Education,
of Education. . .
and seven persons, one from each Congressional district, to be
appointed by the Governor, who shall hold office for four years,
and until their successors may be appointed, unless sooner re-
moved by the Governor, shall constitute the State Board of
Education. Of this Board the Governor shall be ex officio
Chairman, and the State Superintendent of Education shall be
OF SOUTH CAROLINA. 455
— A. D. 1902.
Secretary of the Board. The Secretary shall be custodian of ' ^
its records, papers and effects, and shall keep minutes of its
proceedings ; and said records, papers and minutes shall be kept
in the office of the State Superintendent of Education and shall
be open to inspection by the public.
Sec. 1182. The said Board shall meet on the call of its Chair- a„^,^df,'^^s^,°f
man, or upon the request of a majority of its members, at the*''*'°"-
office of the State Superintendent of Education, or at such
other place as may be designated in the call. A majority of
the Board shall constitute a quorum for transacting business.
The official seal of the State Superintendent of Education shall
be used for the authentication of the acts of the State Board.
The members of the State Board of Education appointed by
the Governor shall receive as compensation the same mileage
and per diem as is provided for members of the General As-
sembly, not exceeding twenty days in any one year.
Sec. 1183. The State Board of Education shall constitute an Board ''to^°Su'
advisory body, with whom the State Superintendent of Edu- 0/ ^Education!
cation shall have the right to consult when he is in doubt as f" casero? ap-
to his official duty ; and shall have power to review on appeal ^^^ '
all decisions of the County Boards of Education, as hereinafter
provided for. Appeals to the State Board of Education must
be made through the County Boards of Education, in writing,
and must distinctly set forth the question of law as well as the
facts of the case upon which the appeal is taken, and the de-
cision of the State Board shall be final upon the matter at issue.
Sec. 1184. The State Board of Education shall have power :ers of Board.
1st. To adopt rules and regulations not inconsistent with the
laws of the State for its own government and for the govern-
ment of the free public schools.
State Ex rel. Williams v. Hiers, si S. C, 388; 29 S. E., 89.
2d. To prescribe and enforce rules for the examination of
teachers. 3d. To prescribe a standard of proficiency before
County Boards of Education which will entitle persons ex-
amined by such Boards to certificates as teachers. 4th. To
prescribe and enforce the course of study in the free public
schools. 5th. To prescribe and to enforce, as far as prac-
ticable, the use of a uniform series of text-books in the free
public schools of the State ; to enter into an agreement with
the publishers of the books prescribed, fixing the time of pre-
scription and the price above which the books shall not be re-
CIVIL CODE
tailed during the period of prescription, and a rate of discount
at not less than which the books shall be furnished to the retail
dealers in this State ; to require the publishers, in the discretion
of the Board, to establish in each County one or more deposi-
tories of their books within the State, at such place or places
as the Board may designate, and where such books may be
obtained without delay ; and to exact of the publishers a bond
in the sum of not more than five thousand dollars conditioned
for the faithful performance of the agreement, and with a pen- |
alty of twenty-five dollars for each violation of the agreement,
the form and execution of the bond to be approved by the At-
torney General of the State, which agreement and bond shall
be deposited with the State Treasurer, all recoveries thereon
to go into the State Treasury for school purposes : Provided,
That the State Board of Education shall not have power, with-
out permission of the General Assembly of the State, to change
a text-book within five (5) years from the date of its adop-
tion, except for violation of the agreement entered into by its
publisher with the State Board of Education, for which cause
it may be changed by the said Board ; and it shall be unlawful
for any teacher drawing public school money to use any book
not prescribed by the State Board of Education without the
consent, in writing, of said Board. 6th. To grant State
teachers' certificates and to revoke them for immoral or un-
professional conduct, profanity or evident unfitness for teach-
ing. 7th. To review on appeal an order revoking a County
certificate : Provided, That no certificate be required of ex-
amination or proficiency from any applicant for teachers in
city schools of Charleston having diplomas from the Mem-
minger Normal School in the City of Charleston, whether
regular or extra teachers, but they shall be alone subjected to
such examinations and conditions as may be required by the
Board of Commissioners of the city public schools of Charles-
ton. 8th. To award scholarships created by the General As-
sembly in the institutions of learning supported in whole or in
part by the State.
Enrollment Sec. 1185. No child shall be counted in the enrollment more
defined. . ,,,...
than once, nor m more than one school district m any one
school year, and the school officer charged with the duty of en-
rollment willfully violating this provision shall be guilty of a
misdemeanor. The teacher or principal of every school shall
keep and furnish annually to the Trustees of the school district
OF SOUTH CAROLINA. 457
A. D. 1902.
a list of all pupils that have attended the school during the ""— ^v^-^
preceding scholastic year, showing the names of the pupils,
their respective places of residence and the number of days
each pupil has attended, which list shall be certified to the
County Board of Education by said Trustees on or before the
1st day of August in every year.
Sec. 1186. At the expiration of the terms of office of the c^ountg^ju^
School Commissioners of the several Counties of the State, ^^"'=^*^°'^-
there shall be elected by the qualified electors of the County a
County Superintendent of Education for each County, who
shall hold his office for the term of two years and until his
successor is elected and qualified. He shall, before being com-
missioned and entering upon the duties of his office, give bond
to the State, for the use of the County in which he is elected,
for educational purposes, in the penal sum of one thousand
dollars, with good and sufficient sureties to be approved by the
County Board of Commissioners, conditioned for the faithful
and impartial discharge of the duties of his office, and shall
take and subscribe the oath of office prescribed in Section 26,
Article HI of the Constitution of this State, which he shall
file in the office of the Secretary of State. When commis-
sioned he shall immediately enter upon the discharge of his
duties. His failure to qualify within thirty days after notice
of his election shall create a vacancy.
Sec. 1187. The State Board of Education shall fill all va- Vacancies,
cancies in the office of County Superintendent of Education
for the unexpired term.
Sec. 1188. It shall be the duty of each County Superinten- ^^D"^ty to jisit
dent of Education to visit the schools in his County at least
once in each year, and oftener if practicable, and to note the
course and method of instruction and the branches taught,
and to give such recommendation in the art of teaching and
the method thereof in each school as shall be necessary, so that
uniformity in the course of studies and method of instruction
employed shall be secured as far as practicable in the schools
of the several grades, respectively. He shall acquaint him-
self as far as practicable with the character and condition of
each school, noting any deficiencies that may exist, either in the
government of the school or the classification of its pupils or
the method of instruction employed in the several branches,
and shall make such suggestions in private to the teachers as
to him shall appear necessary to the good order of the school
CIVIL CODE
and the progress of the pupils. He shall note the character
and condition of the school houses, the sufficiency or in-
sufficiency of the furniture, and shall make such suggestions
to the several Boards of Trustees as in his opinion shall seem
conducive to the comfort and progress of the several schools.
It shall be the duty of each County Superintendent of Educa-
tion to aid the teachers in all proper efforts to improve them-
selves in their profession. For this purpose he shall encourage
the formation of associations of teachers for common improve-
ment and conduct teachers' institutes. He shall attend the
meetings of such associations and give such advice and in-
struction in regard to their conduct and management as in his
judgment will contribute to their greater efficiency.
annual^ settk^ §60. 1189. The Couuty Superintendent of Education shall
ty^ Treasur°en ' attend the auuual settlement of the County Treasurer with the
'7^7 Comptroller General. Within ten days after the County Treas-
County Su- ^rcr makcs his monthly report to the County Superintendent
of^ "Educltfon of Education, showing the amount of money collected by him
s c h oT funds since his last monthly report, it shall be the duty of the
the"schoord?s^ County Superintendent of Education to apportion the money
^'^'^^^' arising from a tax on property as shown by the Treasurer's
_^^i898, XXII., j-gpQj.^ among the school districts of his County, and to certify
such apportionments to the County Treasurer, together with
the poll tax belonging to each district as shown by said report ;
and it shall be the duty of the County Treasurer to enter
upon his book to the credit of each school district the amount
due each district according to such certificate of apportion-
ment, and the County Treasurer shall pay out the money be-
longing to the respective districts, upon the school warrants of
such districts, duly signed and countersigned by the school
authorities, for that scholastic year in the order of their pre-
sentation, provided that there be no outstanding claims of the
previous scholastic year; and the Comptroller General shall
receive the warrants thus paid as proper vouchers in the hands
of the County Treasurer.
See Criminal Code for penalty for violation of this Section.
what^^trcCn- Sec. 1190. The annual report of the County Board of Educa-
'^'"" tidn shall contain the complete statistics of all schools within
his County supported in whole or in part from the public
funds, as may be required of him by the State Superintendent
of Education.
Sec. 1191. The County Superintendent of Education shall
OF SOUTH CAROLINA.
make an annual report of all claims filed, audited and allowed
and ordered paid by him during each fiscal year to the presiding ^^'intendent
Judge at the third term of the Court of General Sessions for°^ make^*an^
his County, which shall be held after the first day of January ^^ ^ ^ report,
in each year, to be submitted by said Judge to the Grand Jury jj^ . ^ g g 7
for their examination. After examination, the grand jury ^^^i-' 509.
shall report thereon to the presiding Judge any matter growing ^^ggg ^xii ,
out of or pertaining to said annual report which to them may-^^^-
seem worthy of the attention of the Court. The said report
shall thereupon be filed by the Clerk of said Court, and kept
as papers of said Court, for inspection by any citizen desirous
of examining the same.
Sec. 1192. The County Board of Commissioners of each fuSsh certain
County are authorized and required to furnish the County ^^™"^-
Board of Education of their County with a comfortable and ^^-
convenient office and suitable office furniture, and to supply
said office with fuel, lights, stationery, postage and such other
incidentals as are necessary to the proper transaction of the
legitimate business of his office.
Sec. 1193. It shall be the duty of the County Superinten- counfy ' Treas°
dent of Education, on or before the fifteenth day of July in ^pproved.'''^™'
each year, to report to the County Treasurer, by school dis- Jb.
tricts, all school claims approved by him for the school year
last preceding, and the County Treasurer shall thereupon close
the school accounts for that year, carrying over any balance to
the credit of each school district of the then current fiscal year.
Sec. 1194. The County Superintendent of Education shall Register to
keep a register of all claims approved by him and of such other-!— !£!^
matters as the State Superintendent of Education shall require
of him, and in the form prescribed by the State Superintendent.
Sec. 1195. The County Superintendent of Education shall what to fur-
furnish the School Trustees of his County with copies of the tees',
reports made to him by the County Auditor and County Treas- it.
urer as to the persons listed and paying poll tax, and shall aid
the Trustees in making all proper corrections.
Sec. 1196. The County Superintendents of Education shall
keep in their office a die, in a circular form, upon the centre
of which shall be engraved, in capital letters, the word "seal,"
and on the circumference the proper words indicating the
office, which shall be regarded as the seal of the office, and
which the County Superintendent of Education shall be re-
quired to impress upon all papers issued from his office, and
Seal of.
lb.
CIVIL CODE
affix his name to such paper. And it shall be the duty of the
County Board of Commissioners in each County to furnish the
County Superintendent of Education of their respective
Counties with such seal.
It is not necessary that claims approved by him be also under his official seal. —
State V. Morton, 51 S. C, 323; 28 S. E., 945.
Salaries of Scc. 1197. That the salaries of the several Superintendents
intendents of of Education of the several Counties of this State shall be, and
fixed. are hereby, fixed at the following sums, to be paid by the
1899, XXIII., County Board of Commissioners out of the ordinary County
108*1898
XXII., 7 5 9; funds as provided by law : Abbeville County, four hundred
IRQ? Th fiOQ - ■*■ "^
189 3, 'xxi.; dollars ; Aiken County, four hundred dollars; Anderson
492.
County, five hundred dollars ; Barnwell County, three hundred
dollars ; Beaufort County, four hundred dollars ; Chester
County, five hundred dollars ; Berkeley County, four hundred
dollars; Charleston County, six hundred dollars; Chesterfield
County, three hundred dollars ; Cherokee County, two hundred
dollars ; Clarendon County, four hundred and fifty dollars ;
Colleton County, four hundred dollars; Darlington County,
four hundred dollars; Dorchester County, three hundred dol-
lars ; Edgefield County, five hundred dollars ; Fairfield County,
four hundred dollars ; Florence County, six hundred dollars ;
Georgetown County, five hundred dollars ; Greenville County,
five hundred dollars ; Greenwood County, five hundred dollars ;
Hampton County, four hundred dollars ; Horry County, three
hundred dollars ; Kershaw County, four hundred dollars ; Lan-
caster County, three hundred dollars; Laurens County, four
hundred dollars ; Lexington County, four hundred dollars ;
Marion County, five hundred dollars ; Marlboro County, three
hundred dollars ; Newberry County, six hundred dollars ;
Oconee County, three hundred and fifty dollars ; Orangeburg
County, six hundred dollars ; Pickens County, three hundred
dollars ; Richland County, three dollars per day for each day
actually employed, not to exceed three hundred days in one
year ; Saluda County, three hundred and fifty dollars ; Spartan-
burg County, seven hundred dollars ; Sumter County, six hun-
dred dollars ; Union County, four hundred dollars ; Williams-
burg County, four hundred dollars ; York County, five hundred
dollars : Provided, That they shall not receive exceeding three
dollars per day for each day actually engaged in this work.
Sec. 1198. In Chester, Lexington, Union and York Counties
thev shall receive annually, in addition to the salaries men-
OF SOUTH CAROLINA.
tioned in the last Section, one hundred dollars, and in Laurens
County, fifty dollars, for travelling- expenses ; and in every
other County of the State they shall receive annually in ad-
dition to their salaries such sum as may be necessary to pay
the actual expenses incurred by them in attending meeting's /&.; isss,
XXIII 5 3 5-
called for the purpose of advancing the educational interests, i soi," x x.;
and for the purpose of visiting schools in other Counties ini 2 6S;"i89'3,
order to become familiar with their management and mode of is99, xxiii.-
teaching : Provided, That no such account shall be approved in ' '
favor of any County Superintendent of Education until such
Superintendent of Education shall have furnished the County
Board of Education with an itemized statement, under oath, of
the expenses incurred : And provided, further. That in no case
shall the expenses exceed one hundred dollars, to be paid on the
warrant of the County Board of Education. His claim for
services and expenses shall be presented in the form of an
account against the County Board of Education, and shall be
verified by affidavit to the effect that said account is just and
true ; that the service therein named was honestl_v and faithfully
rendered, and that the sum therein claimed is rightfully due
and remains unpaid. When said account shall have been duly
audited and approved by the County Board of Education, it
shall be filed with the County Treasurer, who shall pay the
same ratably out of the funds apportioned to the several school
districts in proportion to the average number of children at-
tending the free public schools in each school district.
The Act of 1899, Sec. 1197, held note to repeal Sec. 1057 of the Revised Stat-
utes of 1893, contained in this Section 1198. — Houser v. Orangeburg Co., 59 S. C,
26s; S. E.
Sec. 1199. There shall be a County Board of Education in ^^^^^^ ^^°fj^^^
each County, composed of three members, one of whom shall °^g^'j°^^'^°™'
be the County Superintendent of Education, and the other two 1S97 xxii
shall be appointed by the State Board of Education at its regu- °^^-
lar meeting in April, 1897, and every two years thereafter,
who shall hold their office for a term of two years from the
time of their appointment and until their successors shall be ap-
pointed and qualified, unless sooner removed by the State
Board of Education.
Sec. 1200. The County Board of Education shall examine Duties of.
all candidates for the position of teacher and give to each
person found qualified a certificate, setting forth the branches
of learning he or she may be capable of teaching and the per-
centage attained in each branch ; said certificate to be valid for
CIVIL CODE
a term of two years unless sooner revoked, and it may be re-
newed with or without examination, at the discretion of the
Board, all of which shall be done under such regulations as
Teachers ^j^g State Board of Education mav prescribe. Xo teacher shall
must have cer- - ^
tificates. \)q employed in any of the free public schools without a certifi-
cate from the County Board of Education or the State Board
of Education : Provided, That no examination as to qualifica-
tion shall' be made in the case of any applicant who produces a
full diploma from any chartered college or university of this
State or Memminger Normal School of Charleston, and fur-
nishes satisfactory evidence of good moral character. The
two members of the Board appointed by the State Board of
Education shall receive for the services rendered by them com-
pensation at the rate of three dollars per diem for not exceed-
ing seven days in each year, and mileage of five cents for each
' mile of necessary travel, the same to be paid by the County
Board of Commissioners out of the ordinary County funds.
What shall Sec. 1201. It shall be the duty of the County Board of Edu-
'- cation and the Boards of Trustees hereinafter provided for to
1896, XXII., , . , , , , . , , „ , ,
161. see that m every school under their care there shall be taught,
as far as practicable, orthography, reading, writing, arithmetic,
geography, English grammar, the elements of agriculture, his-
tory of the United States and this State, the principles of the
Constitution of the United States and this State, morals and
good behavior, algebra, physiology and hygiene, and especially
as to the effects of alcoholic liquors and narcotics upon the
human system, English literature, and such other branches as
the State Board may from time to time direct.
Three mill Sec. 1202. The County Boards of Education of the several
— Counties of this State shall levy an annual tax of three mills on
the dollar upon all the taxable property in their respective
Counties, which tax shall be collected at the same time and by
the same officers as the other taxes for the same year, and shall
be held in the County treasury of the respective Counties, and
on the first day of July of each year, or as soon as practicable
thereafter, the said fund shall be apportioned by the said Coun-
ty Boards respectively among the school districts of their re-
spective Counties in proportion to the number of pupils enrolled
in the public schools of such school districts ; and the said
County Boards shall ascertain the amount of poll taxes collected
in and for each school district of their respective Counties,
and shall notifv the Countv Treasurer and the trustees of each
OF SOUTH CAROLINA.
school district of the amount of poll taxes, as well as of the
amount of the aforesaid fund apportioned by them to each
school district.
The school funds of each school district shall be distributed , }^°^ "J'stri-
buted and ex-
and expended by the Board of Trustees for the best interests p^"'^^'^-
of the school district, according to the judgment of the Board
of Trustees, on their warrant approved by the County Superin-
tendent of Education. For the purpose of said apportionment
pupils shall not be deemed enrolled until after an attendance
of at least ten school days during the preceding scholastic year.
Mandamus will not issue to compel approval of warrant where the funds in
treasury are insufficient to pay it. — State ex rel. Williams v. Hiers, 51 S. C, 388;
29 S. E., 89; State Ex rel. Bryson v. Daniel, 52 S. C, 201; 29 S. E., 633. The
power of the County Superintendent is also discretionary and mandamus there-
fore is not the proper remedy. The remedy is given in next section. State v. Hiers,
supra.
Sec. 1203. The Countv Board of Education shall constitute p ^^Y^°^l
Jj o a r Q to
an advisory body with whom the County Superintendent of iJi°eSden?"^^'^'
Education shall have the right to consult when he is in doubt j^
as to his official duty, and also a tribunal for determining any
matter of local controversy in reference to the construction or
administration of the school laws, with the power to summon
witnesses and take testimony if necessary, and when they have
made a decision said decision shall be binding upon the parties
to the controversy : P^'ovided, That either of the parties shall
have the right to appeal to the State Board of Education, and cafe°sTf Appeal
said appeal shall be made through the County Board of Educa-
tion in writing, and shall distinctly set forth the question in
dispute, the decision of the County Board and the testimony
as agreed upon by the parties to the controversy, or, if they
fail to agree, upon the testimony as reported by the County
Board.
State Ex rel. Williams v. Hiers, 51 S. C, 388; 29 S. E., 89.
Sec. 1204. The County Board of Education shall meet for Meetings of
-' and duties of.
the purpose of examining applicants for teachers' certificates, —
and the transaction of other business, at least twice a year, at
such places and at such times as the State Board of Education
shall appoint. The County Superintendent shall be Chairman
and Clerk of the Board, and shall keep a fair record of their
proceedings, and register of the name, age, sex, color, residence
and date of certificate of each person to whom a certificate is
issued, and in case the certificate be cancelled shall make a
proper entry of the same. The Board shall have power to re-
voke any certificate granted by them, for immoral or improper
CIVIL CODE
conduct, or evident unfitness for teaching. The Board shall
hold as many additional meetings during the year as the inter-
est of the free public schools of the County may require, sub-
ject to regulations prescribed by the State Board of Education,
be diTidedlnto ^^^' ^^^^- The County Boards of Education shall divide
t r i^ct s ^ ^tf' t^s^^ Counties into convenient school districts, as compact in
whom, size of, form as practicable, having regard to natural boundaries, and
— ~ ^Q~not to exceed forty-nine nor be less than nine square miles m
XXIII., 360. area, and shall alter the lines thereof, and create additional
school districts from time to time as the interests of the schools
may, in their judgment, demand: Provided, That no new
school district shall be erected by said County Board of Educa-
tion, except upon the petition of at least one-third of the quali-
fied electors embraced within the limits of such proposed
school district : Provided, further, That no school district shall
be consolidated except upon a petition of at least one-third of
the qualified voters of the school district proposed to be con-
solidated : Provided, further. Whenever territory embraced in
two or more Counties is proposed to be formed into one school
district, the same may be formed by the joint action of the
Board of Education of the respective Counties as herein pro-
vided for the formation of school districts in a County : Pro-
vided, That in cities of ten thousand inhabitants and over, this
limitation of area shall not apply : Provided, further. That
when any school district laid out under this Section shall em-
brace cities or towns already organized into special school dis-
tricts, in which graded school buildings have been erected by
the issue of bonds, or by special taxation, or by donation, all
the territory included in said school district shall bear its just
proportion of any tax that may be levied to liquidate such bonds
or support the public schools therein. The present division of
the Counties into school districts shall remain until changed by
the County Boards of Education. The County Boards of Edu-
cation are authorized and empowered to make contracts for the
purpose of dividing their Counties into proper school districts,
and to provide for the payment of the expenses thereof out of
the school funds of the County. Every school district now
organized, or to be hereafter organized in pursuance of this
Section, is and shall be a body politic and corporate, by the
name and style of School District No (such number as
may be designated by the County Board of Education), of
County (the name of the County in which the dis-
OF SOUTH CAROLINA.
trict is situated), the State of South CaroHna; and in that name
may sue and be sued, and be capable of contracting and being
contracted with to the extent of their school fund, and holding
such real and personal estate as it may come into possession of,
by will or otherwise, or as is authorized by law to be purchased,
all of which shall be used exclusively for school purposes.
As to authority of Trustees see State v. Bacon, 31 S. C, 120; 9 S. E., 765.
School District not necessary party to suit on County Treasurer's bond for mis-
appropriating school funds. — Aiken County v. Murray, 35 S. C, 508; 14 S. E., 954.
Sec. 1206. Each school district shall be under the manage- ^rus^ees^/ °^
ment and control of the Board of Trustees hereinafter provided isge, xxii.,
for, subject to the supervision of the County Board of Educa-^^^'
tion. School dis-
Sec. 1207. The school districts of the several Counties of the [ax^ diltricTs!*^^
State are hereby made and declared to be the divisions of the
Counties for taxation for all school purposes.
Sec. 1208. The voters or electors of any school district, who districts ^'^may-
return real or personal property for taxation, are authorized sdioo^i tax?"^
to levy and collect an annual tax, to supplement any special 76.; 1900,
or other constitutional or other tax for like purposes, in the ' '
following manner : Upon the written petition or request of at
least one-third of the resident electors and a like proportion of
the resident free-holders of the age of twenty-one years, being
filed with the County Board of Education, asking for the same
and stating the rate of the tax levy proposed, which shall not
exceed four mills. The said County Board of Education shall
order the Board of Trustees of said school district to hold an
election at some place within the district, after giving notice of
the time and place thereof for at least two weeks in some news-
paper published within the County, and by posting notice
thereof in at least three public places within such school district,
for such length of time, unless there be no newspaper published
within the County, in which event the posting of the notices
as above shall suffice. At which said election only such electors
as return real or personal property for taxation, and who ex-
hibit their tax receipts and registration certificates as required
in general elections, shall be allowed to vote. At said election
the Board of Trustees shall act as managers, and the election
shall be conducted as is provided by law for the conduct of
general elections. At said election each elector favoring the
proposed levy shall cast a ballot containing the word "Yes,"
printed or written thereon, and each elector opposed to said
levy shall cast a ballot containing the word "No," printed or
30.— C.
466 CIVIL CODE
A. D. 1902.
^'''"'^''' written thereon. Within ten days after such election, if the
ed^°and''°^pafd™^io^'i^y ^^ ^^osc voting shall vote for such levy, the Board of
°"*- Trustees shall furnish the County Auditor with a statement of
the amount so levied and the Auditor shall enter the same in the
tax duplicates ; and he shall annually, each year thereafter, enter
said amount in the tax duplicates until the same is increased,
decreased or repealed by said taxpayers, at an election called for
that purpose, and he is notified that the same has been in-
creased, decreased or repealed ; and if increased or decreased,
he shall annually enter it as before ; which election shall be
called and notice given in the same way and manner as is herein
provided for the calling of meetings to make the levy and the
giving of the notice that it has been made ; and the County
Treasurer shall collect the same as other County and State
taxes. Such levy shall be a lien on the property in such school
district, which shall be subject thereto in case of default of pay-
ment. Said tax so collected shall be paid out by the County
Treasurer upon warrants drawn by the Board of Trustees
countersigned by the County Superintendent of Education :
Provided, That any surplus of such levy remaining in the
hands of the County Treasurer at the expiration of any
fiscal year shall be paid out as other school funds of the district.
Each taxpayer, when he pays any tax for school purposes voted
under the provision of this Section, shall have the right to
designate to which school in said school district he wishes
the money paid by him to go ; and the Treasurer shall keep a
note of such designation, and the money be applied as thus
designated. When no designation is made by the taxpayer at
the time of such payment, the money shall be expended as other
school funds in such district : Provided, That nothing herein
contained shall be construed to change the manner now pro-
vided by law for the collection and paying out of special taxes
in any school district now established by any special Act of the
General Assembly and organized thereunder.
Proceedings to levy tax; tax-payer participating estopped to deny regularity, &c. —
Martin v. School District of Laurens, 57 S. C, 125; 35 S. E., 517
Special school Scc. 1209. Whenever it shall happen that by reason of
joining Coun- the locatiou of spccial school districts portions of two adjacent
— '■ Counties should for convenience be included in one school dis-
164, §35. ' " trict, the County Boards of Education of such Counties are
hereby authorized and directed in joint conference to make
OF SOUTH CAROLINA. 467
A. D. 1902.
such regulations as will enable such sections to be established ^^-^v"'^-
into a separate school district.
See. 1210. Each County Board of Education, on the first tefs'^^'when Ind
Tuesday of July, 1896, and on the first Tuesday in July in every t^e°ripp°f"'of-
two years thereafter, shall appoint for each school district in|^^' "^"^'^^ °^
their County three School Trustees from the qualified electors ^goo, xxiii.,
and taxpayers residing within the district, who shall hold their iiq/^^^^'-^^^^'
office for two years, and until their successors are appointed and
qualified, unless sooner removed by the County Board of Edu-
cation. The County Board of Education shall have power to
fill, from time to time, all vacancies in Board of Trustees. The
School Trustees shall meet as a Board, as soon and as often as
practicable, and after having been appointed and qualified, at
such place as may be most convenient in the district, at their
first meeting they shall organize by electing one of their num-
ber Chairman of the Board, who shall preside at the official
meetings of the Board and another Clerk of the Board, who
shall record their proceedings in a book provided for that pur-
pose. Each member of the Board of Trustees shall be duly
notified of all meetings of the Board by the Clerk of the Board :
P^'ovided, That the foregoing provisions of this Section shall Not to ap-
not apply to special and graded school districts created byscLofs ^under
special Acts, but that the Trustees and School Commissioners ®^^"^
of all special and graded school districts shall remain the same
in number, and shall be elected or appointed in the same man-
ner, and shall hold office for the same time as is provided for
in the respective special Acts; except that in the special school
districts where the Trustees or their successors are appointed
by the State Superintendent of Education, under the provisions
of the special Acts, the Trustees shall hold office until the first
Tuesday in July, 1896, on which day, and on the same day
every two years thereafter, the Trustees shall be elected by the
qualified electors of such school district : Provided, That special special school
school districts having a population of no less than twenty-five 2,500 inhaW-
hundred inhabitants, and in which the Board are not fixed by nine Trustees,
special or specific legislation, may elect at the same time nine
Trustees, to constitute a Board in their respective districts.
The election of all Trustees for all such school districts shall be
by ballot and shall be conducted under the supervision of three
qualified electors residing within the district, who shall be ap-
pointed by the County Board of Education at least ten days
prior to the holding of the election. The managers shall report
468 CIVIL CODE
A. D. 1902.
""""■^'•^^ the result of the election to the County Board of Education
within ten days thereafter, which Board shall commission the
Trustees so elected. The Board of Trustees of each special
or graded school district shall elect from their number a Chair-
man, who shall preside at their meetings, and a Secretary, or
a Secretary and Treasurer, who shall record the proceedings
of the Board, and who shall keep a full and accurate account
of all moneys received and expended, showing the source and
disposition of each item, and who shall make a complete item-
ized report of the receipts and disbursements for each scholastic
year to the County Superintendent of Education, on or before
the 15th day of July of each year. The books and vouchers
of the Secretary and Treasurer shall be open at all times to
inspection by the public : Provided, further, That upon the
petition of one-third of the qualified electors of School Dis-
trict'No. 13, in Abbeville County, filed with the County
Superintendent of Education on or before the ist day of June
in any year when School Trustees are to be appointed, the
Count}^ Board of Education shall order an election to elect the
Trustees for said School District No. 13, in the manner herein
provided for the election of trustees of special school districts.
Duty of Board Scc. 1211. The Board of Trustees in each school district
of Trustees, ghall take the management and control of the local educational
165".^^' ^^^^" interests of the same, and shall visit each school district at
least once in every school term, and shall be subject to the
supervision and orders of the County Board of Education.
state ex rel. Bryson v. Daniel, 52 S. C, 201; 29 S. E., 633.
si^^Tt' '"" Sec. 1212. The Board of Trustees shall hold a regular ses-
sion in their school districts at least two weeks before the com-
mencement of any or every school term for the transaction of
any and all business necessary to the prosperity of the schools,
with power to adjourn from time to time and to hold special
meetings at any time or place when called upon by the Chair-
man or any two members of the Board.
Power to sell Sec. 1213. The School Trustees of the several school dis-
school property
tricts are authorized and empowered to sell any school prop-
erty, real or personal, in their school districts whenever they
deem it expedient to do so, and to apply the proceeds of sale
or sales to the school fund of the district wherein such sale is
made : Provided, That the consent of the County Board of
Education be first obtained by the Trustees desiring to make
such sale. That it shall be the duty of the said Board of Trus-
OF SOUTH CAROLINA. 469
■ A. D. 1902.
tees, within thirty days after said sale, to enclose a report of ^~-^v^
the same to the County Board of Education, setting forth the
terms and amount of said sale.
Sec. 1214. When it shall so happen that persons are so sit- p^ Jfg^."^^^^jj°^
uated as to be better accommodated at the school of an ad-^"^ how made.
joining school district, whether special or otherwise, the Board ^^■
of Trustees of the school district in which such persons reside
may transfer such persons for education to the school district
in which such school is located ; and the Trustees of the school
district where the school is located shall receive such persons
into the school as though they resided within the district : Pro-
vided, That children ■ shall not be transferred from a school
district in one County to a school district in an adjoining
County without the consent of the Board of Education of the
respective Counties in which the transfer is made : Provided,
further. That if any taxpayer pays taxes in two or more
Counties he shall have the right to send his children to the
school of any one of said Counties.
For directions as to enrollment, see Sec. 1185, ante.
Sec. 1215. Each school teacher shall make out and file with teachers r\o°w
the Clerk of the. Board of Trustees, at the expiration of each^fde.*" ^^""^
school month, a full and complete report of the whole number" J^_
of pupils admitted to the school during each month, distinguish-
ing between male and female, the average attendance, the
branches taught, the number of pupils engaged in studying
each of said branches, and such statistics as he or she may be
required to make by the County Board of Education : Provided,
That whenever a teacher is unavoidably prevented from filing
said report at the expiration of any school month, the Board
of School Trustees may have authority to receive the report
within a reasonable time thereafter, if, in their opinion, the
reasons for the delay are good and sufficient. On the filing of
the teacher's report and. its approval by the Board of Trustees,
their clerk shall draw an order in duplicate on the County
Treasurer for the amount due such teacher, which shall be
signed by the Board, which order, if accompanied by a copy of
said monthly report and approved by the County Superinten-
dent of Education, shall be countersigned by him and the dupli-
cate filed in his office.
Sec. 1216. All claims, of every description whatsoever, which j^^^^^ij"'^'^^"^
are chargeable against the fund raised for the support of the signed.
free public schools of the State, except such as are otherwise -^^-
CIVIL CODE
provided for by law, must be signed by at least a majority of
the Board of Trustees of the school district against which the
claims are chargeable; and the correctness and legality of the
same shall be sworn to and subscribed by the person presenting
such claim before it shall be approved by the person or persons
authorized by law to give such approval. School Trustees and
County Superintendents of Education shall, free of charge,
administer oaths to persons presenting the claims contemplated
by this Section.
State ex rel. Williams v. Hiers, 51 S. C, 388; 29 S. E., 90; State v. Morton, 51
S. C, 323; 28 S. E., 945.
to secure pay Scc. 1217. It shall be Unlawful for a School Trustee to re-
as a teacher. . , . - , ,. , ,
ceive pay as a teacher of a free public school.
Sec. 1218. The Board of Trustees shall also have authority,
provide school and it shall be their duty :
'■ 1st. To provide suitable school houses in their districts,
and to make the same comfortable, paying due regard to any
school house already built or site procured, as well as to all
other circumstances proper to be considered so as best to pro-
mote the educational interests of their district.
Employ teach- 2nd. To employ teachers from those having certificates from
their County Board of Examiners or from the State Board
of Education, and fix their salaries, and to discharge the same
when good and sufficient reasons for so doing present them-
selves, subject to the supervision of the County Board of Edu-
cation.
Construed in connection with Sec. 121 1 to mean "subject to the supervision and
orders of the County Board of Education," State ex rel. Bryson v. Daniel, 52 S. C,
201; 29 S. E. 633.
lb. § 63. No general or special School Trustees shall hereafter employ
any teacher who has not a certificate to teach in the free public
schools of the State. This provision, however, not to affect
the employment of any teacher now teaching in any of the
schools of the special school districts : Provided, further, That
the Trustees of any such school shall always have the right
and power to impose any additional examinations and qualifi-
cations they may deem proper before or after employing any
teachers : Provided, also. That all funds of the free public
schools of this State other than those arising from the special
levy of special school districts shall be paid out of the County
treasury upon warrants duly vouched by the School Trustees
of the respective schools or school districts or otherwise as pro-
vided by the laws governing any special school district.
ers
OF SOUTH CAROLINA. 471
A. D. 1902.
3rd. To suspend or dismiss pupils when the best interest '"— ~v^~^
of the schools make it necessary. dismi^l^pupiK
4th. To call meetings of the qualified electors of the district (^^^^ meetings
for consultation in regard to the school interests thereof; at[°Q^j^ consuita-
which meetings the Chairman or other member of the Board
shall preside, if present.
E;th. To take care of, manage and control the school prop- Control school
•-' . . property.
erty of the district.
6th. To visit the free public schools within their district from , visit t h e
■^ . schools.
time to time, and to take care that they are conducted according
to law and with the utmost efficiency.
7th. They shall be allowed to cross all bridges or ferries Ferriage of.
free of charge when they are traveling on official business.
Sec. 1219. The County Auditor shall require each taxpayer Tax returns.
to return the number and name of the school district in which ib.
he resides when he makes his tax return, and the Auditor shall
state the name in a separate column in the tax duplicates.
Sec. 1220. The County Auditor, when he has completed the ^^poII ^ta^^^&c^-
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 where there is a special levy.
Sec. 1221. The several County Treasurers shall retain the ^^.Po^i tax ^r^e^
poll tax collected in their respective Counties; and it is hereby County.
made the duty of the said Treasurer in collecting the poll tax ib.
to keep an account of the exact amount of said tax collected
in each school district in his County, and the poll tax collected
therein shall be expended for school purposes in the school dis-
trict from which it was collected; and any violation of this
Section by the County Treasurer shall constitute, and is hereby
declared, a misdemeanor, and on conviction thereof the said
County Treasurer shall pay a fine of not more than five hun-
dred dollars, to be used for school purposes in the County
suffering from such violation, or imprisonment, in the discretion
of the Court.
Sec. 1222. Each County Treasurer, when he has finished County Trea-
„ 1 /-. surer to report
the collection of taxes for his County, shall report to the County who have paid
. poll tax.
Superintendent of Education the names of the persons m the
respective school districts who have paid their poll tax.
Sec. 1223. It shall be the duty of each County Treasurer To make
. m o n t h ly re-
to report monthlv, on the fifteenth day of each month, to the ports to Coun-
'^ -' ' ■' t y Superin-
County Superintendent of Education of his County the amount tendent of Ed-
of collections and disbursements made by him for the month
lb.
CIVIL CODE
on account of school tax and all other school funds ; and it
shall be a misdemeanor on the part of any County Treasurer
to neglect, fail or refuse to make such report, and on conviction
thereof he shall pay a fine of not more than five hundred
dollars, the same to be used for school purposes in his County,
dSsed! ^°^ ^®c- 1^2*- A^l moneys disbursed by any County Treasurer
j^ on account of school funds, taxes or other school funds shall
be paid on the order of the Board of School Trustees, counter-
signed by the County Superintendent of Education, or as other-
wise directed by law.
\Ex parte Board of Commissioners Florence Graded School, in re McDuffie
School Coinmissioner., 43 S. C, 11; 20 S. E., 794.
County Trea- Scc. 1225. Each County Treasurer shall make out and for-
surer to make
a report to Su- ward to the State Superintendent of Education annually, on
perintendent.
— the first day of November, a certified statement showing (by
school districts) the amount of poll tax and the amount of all
other school taxes collected by him for the fiscal year ending
on the 31st day of December next preceding; and should any
County Treasurer fail or neglect or refuse to make and for-
ward the statement as herein required, the State Superinten-
dent of Education shall make a written complaint to the Circuit
Solicitor for the County in which the said Treasurer resides,
who shall prosecute the said County Treasurer for the same,
and on conviction thereof he shall be subject to a fine not more
than five hundred dollars, the same to be used for free public
school purposes in his County.
Unexpended gee. 1226. The County Treasurer shall carry forward all
balances to be -^ ^ .
carried for- sums in his hauds collected for any previous year or years for
school purposes, and unexpended, to the next fiscal year, and
credit the same to the school district respectively for which it
was apportioned, and he shall report the same to the County
Superintendent of Education.
Unlawful for Scc. 1227. It shall be unlawful for any County Treasurer,
to d i s count County Auditor, member of County Board of Education, or
certificates. School Trustcc, to buy, discount or share, directly or indirectly,
1900, XXIII, or be in any way interested in any teacher's pay certificate or
other order on school fund, except such as are payable to him
for his own services, or for any School Trustee to make any
contract, or be pecuniarily interested, directly or indirectly, in
any contract with any school district of which he is Trustee.
See Criminal Code for penalty for violation of this provision.
Sec. 1228. The County Board of Education shall regulate
OF SOUTH CAROLINA.
the opening and closing of the school terms so as best to pro-
mote and subserve the educational interest of the different j.^gj^j^^l'^^^j^^^^l
sections of their Counties: Provided, That all contracts which ^^^™|- ^^ ^^°^;
Boards of Trustees may make in excess of the funds appor-^^t
tioned to their districts shall be void. And no teacher shall be ^^■
employed by a Board of Trustees of any school district who is
related to a member of the Board by consanguinity or affinity
within the second degree, without the written approval of the
Board of Education of the County, nor unless a majority of
the parents or guardians of the children attending the school
for which such teacher is employed requests such employment
in writing.
Sec. 1229. It shall not be lawful for any person who is less ^^^ ^f ^^.
than six or more than twenty-one years of age to attend any of ^e»dance.
the free public schools of this State. i;o!^^^' ^''^^^•'
Sec. 1230. The members of the State Board of Education g^^^^ ^^^
appointed by the Governor, members of the County Boards of f„°j'"%^^s^tgg|
Education appointed by the State Board of Education and f^lf^jPt^/^g^'"
members of the Board of Trustees shall be exempt from militia j^ . ^g^i
duty. -^^"i- '''■ '
See Criminal Code for penalty for members of County Boards of Education and
School Trustees attempting to act after expiration of their term, or removal from
office; and for teachers acting as agents for school books.
Sec. 1231. It shall be unlawful for pupils of one race to at- iMixed schools
^ '- unlawful.
tend the schools provided by Boards of Trustees for persons ^^^^ ^^^^
of another race. ^''i-
Sec. 1232. The scholastic year shall begin on the first day Scholastic year
of July of each year and end on the thirtieth day of June fol-
lowing.
Sec. 1233. The free public schools of the State shall be kept Public schools
^ ^ to be kept open
open and the exercises thereof continued, in each school dis- three months.
trict in the State, for a period of at least three months in each^^is99, xxiii,
and every year.
Sec. 1234. The Comptroller General, in determining whether ^ ^Comptroller
any deficiency exists in any school district, for the purposes of "f'^ ^efidinc -
the distribution of the fund mentioned in the next succeeding iiow^
Section, shall make his estimate upon the basis of the allow- -fi-
ance to each school in every school district, out of the three
mill constitutional tax and poll tax, the sum of seventy-five
dollars for the expense of such term of three months, for each
school existing during the scholastic year 1897-1898.
Sec. 1235. All net income derived by the State from the sale
of liquors in this State, under the dispensary law, shall be ap-
474 CIVIL CODE
A. D. 1902.
merit
"^ portioned among the various Counties of this State, for the
it^^of^^'ln- benefit of the common schools, in proportion to the deficiencies
^^™?^™J^ =^jj^^ existing in the various Counties of this State, after the appli-
the State. cation of the three mill tax and the poll tax, to run the public
^'^^ schools for the time fixed in Section 1233 ; and if there
shall be a surplus remaining of such net income, after such
deficiencies shall have been equalized, it shall be devoted to
public school purposes, and be apportioned among the Counties
in proportion to the enrollment in the public schools, as shall
appear by the report of the State Superintendent of Education
for the next preceding scholastic year, and be distributed among
the school districts of the Counties, and be disbursed as other
Appropria- school fuuds I Provided, That out of said surplus there shall
ei-s"^in°stitu^tes! t>e appropriated five thousand dollars for the purpose of main-
7^ taining institutes for the better instruction of the teachers of
the public schools, the same to be paid on the warrant of the
Governor and the State Superintendent of Education; and all
funds derived from said dispensary law, not already disbursed,
shall be apportioned in the same way.
When mandamus will issue to compel apportionment. — State ex rel. Capers v.
Derliam, 54 S. C, 349; 32 S. E. 418.
how^apportfon"^ Sec. 1236. Such apportionment shall be made by the Comp-
ment to be ^^.Q^gj. General quarterly, and he shall draw his warrant upon
the State Treasurer in favor of the County Treasurer of the
respective Counties for the amounts apportioned to such
Counties, respectively.
P""^^"g- Sec. 1237. The State Superintendent of Education may ad-
^^|S96, XXII., ygj-tjgg fQj. i^ids for all printing required under this Chapter,
and shall let the same to the lowest bidder therefor, who shall
be required to file with his bid a bond in double the amount of
his bid for the faithful performance of the contract.
sptdai ''graded Sec. 1238. Nothing contained in this Article shall be con-
no^tTlpfed?'' strued to repeal the Acts of the General Assembly creating
special and graded school districts, and the provisions of said
port"TJ be Acts shall apply to said school districts : Provided, That the
s^u per°nt^end^ Trustecs of Said school districts and Commissioners of the city
ent^ of Educa- g^^j^Qoig of Charleston shall make annual reports to the State
Superintendent of Education in such form and at such time as
he shall prescribe : Provided, further. Whenever under the pro-
and^tuitfon!^""' visious of law any school district or municipal corporation is au-
1S99, XXII., thorized to levy a special tax for the support of public schools
^^^' therein, any person not a resident of said school district or
OF SOUTH CAROLINA.
municipal corporation shall be entitled to a credit upon fees
for the tuition of his or her children by the amount of such
special tax paid by such person.
Rights of Special School Districts. — Holler v. Rock Hill School District, et al.,
60 S. C, 41; 38 S. E., 220; Martin v. School District of Laurens, 57 S. C, 125;
35 S. E., 517.
Sec. 1239. The County Boards of Education of the several o^f^^'ld^dhon
Counties of this State are hereby authorized and required to set [."o^o'^k's'^'' i'ol
aside from the public school funds of their respective Counties schools at cost.
an amount not exceeding five hundred dollars, for the purpose 428^f^is9f,'^/b;'
of providing the pupils attending the free public schools of their "^^•
Counties with school text-books at actual cost or exchange
prices.
The amount so set aside from the school funds shall be how^u^e^d. '^°'''
paid to the County Superintendent of Education by the ^ggy^ xxii..
County Treasurer, out of the unappropriated general school *^^-
funds in his hands, on the warrant of said County Board of
Education, and shall be and remain a permanent fund in the fund^'^'depod-
hands of the County Superintendent of Education, to be used !^"^^' ^"^
in purchasing and keeping on hand school text-books for sdle^^f"!' is 9 8^
to pupils attending the free public schools of his County, for ^^^^-'xxiii.',
cash, at actual cost or exchange prices, and to be used for no xxiii., 741. '
other purpose, and in no other manner; and the places where
said school text-books are kept and sold shall be deemed de-
positories, under the control of the State, as provided in the
seventh article or provision, in the contract made in 1893 with
the publishers of school text-books. That the County Super-
intendent of Education in every County in the State be, and he
is hereby, required to keep his office open each day of the week
prior to the time appointed for schools to open in his County,
and for one week immediately thereafter, and for at least one
day in each week during the remainder of the school term, for
the convenience of those wishing to purchase books : Provided,
That the provisions of this Section shall not apply to the City
of Sumter : Provided, That in the Counties of Charleston, Ches-
terfield, Edgefield, Georgetown, Kershaw, Lancaster, Laurens,
Greenwood, Lexington and Richland, the County Boards of
Education are hereby authorized and empowered, but not re-
quired, to carry out the provisions of this Section.
Sec. 1240. In all schools and colleges within this State ^^^^Uniawfui to
which are supported in whole or in part from the free school ^°°ks.
1898, XXII.,
763.
476 CIVIL CODE
A. D. 1902.
^■^"-^^ funds, it shall be unlawful to use any text-book which has been
condemned or disapproved by the State Board of Education,
clams dd°°^ ^^^' 1^^^' -^^1 persons holding school claims against any
— 1894 XXI County of this State which are unpaid are hereby permitted
xxn 122^^'^^'^ allowed to prove and establish the same before the County
Superintendent of Education, the County Treasurer and County
Auditor of said County,
if vlfid^^ ^^^'^ ^^ ^^^^ claims are declared valid and binding obligations by
j^ said County Superintendent of Education, Auditor and Treas-
urer against the school district for which they were issued, the
County Treasurer of said County is hereby authorized and
directed to pay any of said claims declared valid out of the first
money coming in his hands as Treasurer belonging to the
school district against which said claim or claims are estab-
lished.
See Acts 1901, XXIII., 826, as to payment of claims in Clarendon, Laurens,
Marion, Newberry and Sumter Counties.
Students of gee. 1242. The free public schools of this State shall ob-
public schools ^
b°or°r)T^^ ^''- serve the third Friday in November of each year as Arbor Day,
.,„„„ YVTT and on that day the school officers and teachers shall conduct
■^so- such exercises and engage in the planting of such shrubs, plants
and trees as will impress on the minds of the pupils the proper
value and appreciation to be placed on flowers, ornamental
shrubbery and shade trees.
Officers and gee. 1243. The trustees, officers or persons in charge of all
T r u stees of -"^ _ _
certain institu- Hterarv, scicutific or professional institutions of learning incor-
tions to report j ' r <-3
^erintlnden?"^' por^tcd. Supported or aided by the State, of all schools or
1896 xxiF private educational institutions, shall, on or before the fifteenth
i'^^- day of July in each year, make a report in writing to the State
Superintendent of Education, of such statistics as the Superin-
tendent shall prescribe . relating to the number of pupils and
instructors, courses of study, cost of tuition and the general
condition of the institution or school under their charge.
of^nquirj"'"'^ The Superintendent shall prepare blank forms of inquiry
J^ for such statistics, and shall send the same to every such insti-
tution or school on or before the loth day of May in each year;
and so much of said information as he may deem proper be
incorporated in his annual report.
Sec. 1244. The County Superintendent of Education of
Charleston County shall have jurisdiction only over the schools
and other educational interests outside of the corporate limits
of the Citv of Charleston. He shall organize in all those dis-
OF SOUTH CAROLINA. " 477
A. D. 1902.
tricts outside of the city, formerly known as parishes, a suit- ^'■•"^'■^~''
able number of schools, and shall visit them as often as may p g^j.'int'Jndeuts
be practicable during each year, and perform such other duties cLrg^d"'' wuS
as are prescribed for County Superintendents of Education inou^tskle cij^of
this Chapter. He shall be paid a stated salary of six hundred fuoweV ^mTe-
dollars per annum, payable by the County Treasurer in equal !£!^
monthly installments, which salary shall cover also all traveling r.^'s^" logo!
^1 ^ 1 • J 1S78, XVI., 584,
expenses that may be mcurred. 5S5;i879, xvii,
Sec. 1245. The City of Charleston is hereby divided into six^Hg.'^^^' ^^"
school districts ; the First District to comprise Wards One ( i ) d i vision of
and Two (2), the Second District to comprise Wards Three to*n°into^'^sfx
(3) and Four (4), the Third District to comprise Wards Fiveldiooi 'soard,'
(5) and Six (6), the Fourth District to comprise Wards Seven teT
(7) and Eight (8), the Fifth District to comprise Wards Nine g. s. 1026;
/ s IT? / N .1 o- ^1 T^- ^ • ^ ^ • Mi- A R. S. 1091; 1SS2,
(9) and Ten (10), the Sixth District to comprise vVardsxviii.,^27, §i;
Eleven (11) and Twelve (12) of said city. At every general 301.'
municipal election in the City of Charleston there shall be
elected by the legal voters of each of the said school districts
respectively one School Commissioner, and the six School Com-
missioners so elected, together with the two School Commis-
sioners to be appointed for the same term by the Governor,
upon the recommendation of the Board of Trustees of the High
School of Charleston, and two School Commissioners to be
appointed for the same term by the Governor, upon the recom-
mendation of the Board of Trustees of the College of Charles-
ton, shall constitute the School Board for the City of Charles-
ton, and shall be invested with all the powers and perform
all the duties, and in every respect be governed by the laws
now existing respecting the School Board of the City of
Charleston as heretofore constituted.
The Commissioners so elected and appointed may assemble
at any time and elect a Chairman, a Clerk and a Superintendent
of City Schools, whose term of office, duties and compensation
shall be prescribed by said Board; but their terms of office
shall not exceed that of the Board electing them.
Sec. 1246. The said Board shall have the following powers Powers and
. . . ,.,dutiesof
and duties : To discharge the same duties m the city which Board.
are required of School Trustees in the Counties. 2. To de- g. s. 1020
, , , , , . , . R. S. 1092
termine the studies and class books to be used m the city i878, xvi. 585.
1 Q Q O \ /CT
schools. 3. To cause examinations to be made of teachers for no.
the city schools. 4. To elect and dismiss teachers, prescribe
their duties and term of office, and to make rules for the gov-
478 CIVIL CODE
A. D. 1902.
^""^^^^"^ ernment of the schools. 5. To fill vacancies occurring in the
Board by death, resignation, departure from the State or re-
fusal to qualify; the said vacancies to be filled from the same
Wards in which they occur. 6. To grant diplomas in the Nor-
mal School department, which shall entitle the parties hold-
ing the same to become teachers in the public schools. 7. To
make an annual report to the Superintendent of Education as
to the city schools, as is required of Commissioners of County
schools. 8. To take in charge and keep in order all buildings
and other property belonging to or used for the city. 9. For
the purposes of this Section, and in order to carry into effect
the provisions of the Constitution relating to the school tax,
the City of Charleston shall be deemed a school district, and
the City Treasurer shall annually levy and collect, at the same
time as the city taxes, a tax of one mill on the dollar on all the
taxable property in the said city ; and the County Treasurer
shall pay over to the City Treasurer the portion of the Con-
stitutional school tax and of the poll tax to which the Charles-
ton School District is entitled ; and all the said taxes shall be in
the city treasury as public money, protected by the official bond
of the City Treasurer, and shall be paid out on the warrant of
the City Board of School Commissioners ; the said amount to
be applied to the support of the city schools, and the balance to
the repairs of city school buildings. The City Treasurer shall
receive out of this fund annually, for his compensation for all
services in receiving and disbursing the school fund, the sum
of five hundred dollars.
Provision for Sec. 1247. It shall be the duty of the said School Board, and
the higher edu- -^
cation of meri- they are hereby authorized and empowered, to select from the
torious boys; -^ -^ -^ _ _
power and duty public schools the school of the German Association of Char-
of Board as to. _
— - — leston, South Carolina, and the Central School, by competi-
1882 XVIII.', tive examination, such meritorious boys as may desire to se-
cure the privilege of a more liberal education and are other-
wise unable to secure the same, and recommend them to be
received into the High School of Charleston, under such rules
and regulations as may be prescribed by the said Board of
Trustees of the High School of Charleston. And the said
School Board is further authorized and empowered to pay the
regular annual tuition fees, and no more, for such pupils so
recommended as may be received into said High School and
maintain such a standard as is required of them, which said
tuition fees shall be paid out of the fund to which the Charles-
OF SOUTH CAROLINA. 479
A. D. 1902.
ton School District is entitled out of the amount raised by " '^ '
the City of Charleston, and not out of the Constitutional two
mill tax.
Such pupils so admitted into the High School of Charleston
as shall, upon graduation, be recommended by the School
Board of the City of Charleston for proficiency therein, shall
be entitled to the free honorary scholarships in the College of
Charleston provided for such purpose by the Board of Trustees
of the College of Charleston, such scholarships to be held
under the rules and regulations prescribed by the Trustees of
the College of Charleston.
Sec. 1248. For the further promotion of the liberal educa- point^'^ben°effcT-
tion of the youth of the State, the said School Board is hereby uTitersity^*^*^
authorized and empowered to appoint the beneficiaries of the 7^,^ §4,
scholarships to which the County of Charleston may be entitled
in either branch of the State University.
See Section 1218, ante, as to restrictions on power of School Trustees in the
employment of teachers.
Sec. 1249. The City Board of Public School Commissioners teachlr's ?etire-
for the City of Charleston shall have the power to establish ^fy of"cha°r^
what shall be known as the Public School Teachers' Retire- ef ?a'bTished!
ment Fund, which fund shall be administered by the Board ^"
of Trustees hereinafter provided for. Said fund shall con- 375. '
sist of:
1st. All moneys and other property received from donations,
legacies, devises, gifts, bequests or otherwise for and on account
of the said fund.
2d. On and after April ist, 1898, the said City Board of
School Commissioners shall annually reserve and turn over to
the Board of Trustees as provided for in Section 1250, for the
said fund, ten per cent, for the first five years and thereafter
four per cent, of the gross income of the special school fund
paid by the City of Charleston.
3d. All interest or income derived from the above moneys. -^^.^3^°!^'^ i°/.
Sec. 1250. The Chairman of the City Board of Public School °l^J^^°Xntiei
Commissioners, together with two other commissioners chosen &=.
by the said Board, the Superintendent of the Public Schools,
who shall be ex-ofEcio the Treasurer of the said Board, and a
representative to be elected every four years by the teachers of
the public schools of the City of Charleston, at the same time
the School Commissioners are elected, shall form a Board of
Trustees, who shall have charge of and administer the said
CIVIL CODE
fund ; and said Board of Trustees shall invest the same in
stock of this State, or of the United States, or in bonds of the
City of Charleston,^ and shall make payment, from said fund, of
annuities granted in pursuance of this Article, and shall from
time to time make and establish such rules and regulations for
the administration of the said funds as they shall deem best.
Sec. 1251. Every teacher in the public schools of the City
ers^^'may ^^be- ^^ Charleston who is over the age of sixty-five years, and shall
come benefici- h^ve taught in the public schools for the period of twenty-five
years next preceding the time of retirement may be retired,
and shall have the right voluntarily to retire, from such ser-
vice, and upon the certificate of the City Board of School Com-
missioners that he or she stands in need of maintenance, be-
come a beneficiary under this Article ; and every such teacher so
retired or retiring shall be entitled to an annuity for the re-
mainder of his or her life, to be paid by the said Board of
Trustees out of the said fund equal to one-half of the salary
of such teacher at the time of such retirement, at the same
times and in the same proportions as the salaries of the teachers
are paid : Provided, That the annuity so paid shall in no case
exceed two hundred and fifty dollars in any one year.
Sec. 1252. Every teacher in the public schools in the City of
^^- Charleston who shall have taught continuously therein not less
than twenty years, and has become, without the fault of such
teacher, mentally or physically incapacitated for such service,
may retire or be retired therefrom and become a beneficiary
of said fund in the same manner and to the same extent as
provided in Section 125 1 : Provided, That such annuity shall
cease when such incapacity ceases.
Sec. 1253. In case the fund shall be insufficient to pay the
ufficienT'^f o"r ^^^^^^^^^^ provided for in Section 1251, the Board of Trustees
^Hl°^o\.\t° p^rl shall make a ratable distribution among the teachers who may
rata. \^q. entitled to the annuities under the provisions of this Article.
Sec. 1254. The surplus of all moneys derived from the an-
of ?u r°p?u" ^^^^ tax of three mills for educational purposes remaining
fn'^°Charfe"ston ^^^^^ Supplying the requirements of the schools of the County
'--"""^y- of Charleston, outside of the limits of the City of Charleston,
^^^1898, XXII., si^all be paid by the County Treasurer to the City Board of
School Commissioners for the purposes of the schools under
their charge.
OF SOUTH CAROLINA. 481
■ A. D. 1902.
Sec. 1255. In order to ascertain what are the requirements ^— '"v —
in each fiscal year, respectively, of each of the school dis- ^^ ^^^^scemin^
tricts in said County outside of the City of Charleston, one^*^-
or more of the School Trustees of each of such school districts
separately shall meet and confer with the County Board of
Education of said County annually (at such place and time .
as the County Superintendent of Education of said County
shall name), ten days previous notice of such meeting being
given in writing by said County Superintendent of Education
to each of said Trustees, and such Trustee or Trustees and
such County Board of Education shall sit as a special Board
to fix the amount of such requirements of each of such school
districts. And when the amount of such requirements of each
of such school districts shall have been fixed as hereinbefore
provided, the County Superintendent of Education of said
County shall report to the County Treasurer of said County
such amounts, respectively, and separately, whereupon the
County Treasurer shall aggregate the amounts so reported to
him and ascertain the surplus (if any) remaining from the
proceeds of the levy for school purposes after deducting such
aggregate.
Having thus ascertained the amount of said surplus, the su^iSs° to * be
County Treasurer shall, as soon as practicable, report said cfty Botrd of
amount to the City Board of School Commissioners, and shall mlssloners^"™'
pay over the same to said Board upon its warrant.
Sec. 1256. The said City Board of School Commissioners f^ds^are^\o
shall use said funds exclusively in the education of pupils, and ^^ "^^'^"
shall account annually therefor in the mode provided by law.
CHAPTER XXV.
The State University.
Article i. State Colleges in General.
Article 2. The South Carolina College.
Article 3. The South Carolina Military Academy.
Article 4. The Winthrop Normal and Industrial College of
South Carolina.
Article 5. The Colored Normal, Industrial, Agricultural and
Mechanical College of South Carolina.
31.-C.
CIVIL CODE
ARTICLE I.
State Colleges in General.
Sec.
1257. Branches of the State Uni-
versity.
Sec.
1258. Colleges and Universities to
confer Degree of Licentiate
of Instruction.
1259. Greek Letter Fraternities
prohibited.
Branches of Scctioii 1257. The State University is divided into four
the State Uni-
versity; con- branches ; one located in the Citv of Columbia, styled the South
trol and man- . ' •'
agement. Carolina College ; another in or near the Town of Orange-
g i|pO'^xx.'burg, styled the Colored Normal, Agricultural and Mechanical
xxiil, 358; College of South Carolina; another known as the Winthrop
1102. Normal and Industrial College of South Carolina ; and another
styled the South Carolina jMilitary Academy. Each of said
colleges shall be under the control of a separate Board of Trus-
tees, as hereinafter provided ; and the South Carolina Military
Academy shall be subject to the sole control and supervision of
its Board of Visitors.
Colleges and gee. 1258. The universities and colleges of this State may
universities of & "^^ ^
confer^Degree P^o^idc a coursc of study, to be approved by the State Board
of Instruction^ °^ Education, the completion of which by a student will entitle
1898 XXII ^^^^ °^ ^^^ ^*-' ^^^ degree of Licentiate of Instruction, and they
^^- may issue a diploma showing the degree has been conferred,
and the holder of such diploma, upon its presentation to a
County Board of Education, shall be entitled to a first grade
teachers' County certificate to teach in the public schools of the
County.
f r^aTe^rLfties Scc. 1259. The govcming Boards of all institutions of higher
state^^'^institu^ learning in South Carolina supported in whole or in part by
^°°^' public funds are required to forbid and disallow in their respec-
^897, I ., ^j^g institutions such secret Greek letter fraternities or all
organizations of a similar nature : Provided, Nothing herein
contained shall interfere with the literary societies in such insti-
tutions.
OF SOUTH CAROLINA.
ARTICLE II.
The South Carolina College.
Sec.
1260. Board of Trustees, election,
term, &c.
1261. Corporate name and powers.
1262. Meetings of Board ; Presi-
dent ; Quorum.
1263. Powers of Board at meetings.
1264. Property of College.
1265. Boards to receive and invest
funds for scholarships.
1266. Power of Board to procure
evidence.
Sec.
1267. Election of President ; Fac-
ulty, powers of.
126S. President not to be Atheist or
Infidel ; Chaplain.
1269. Librarian, appointment and
duties ; assignment of Pro-
fessors.
1270. Tuition fees and beneficiary
scholarships.
1271. May confer Degrees.
1272. Discretionary powers.
1273. Normal and women students.
Section 1260. The Board of Trustees of the South Carolina Trustees o f
College shall be composed of the Governor of the State, the cTi i e ge° 'of
Superintendent of Education and the Chairmen of the Com- rd,°"term?^'o^f
mittees on Education of the Senate and House of Representa-" ^^'
tives, who shall be members ex-ofhcio of said Board, and sevenios ;' ^'ooo!
other members, each to be elected by the joint vote of the Gen-
eral Assembly, as hereinafter provided.
The regular terms of office of the elective members of each of
the aforesaid Board of Trustees of South Carolina College shall
be six years, after the first election, in which the terms of office
of those elected therein shall be two for two years, two for four
years, and three for six years, on said Board, these terms to be
determined by lot after said elections.
The terms of the elected members of said Board shall date
from the first day of February, A. D. 1900; and the General
Assembly shall hold elections every two years to fill vacancies
as they occur in any of said Boards by the expiration of terms
of office. In all cases where there is a vacancy in any of said
Boards of Trustees, the Governor shall be empowered to fill
same by appointment until the next session of the General
Assembly.
Each member of the Board shall receive as compensation for
his services and attendance on the meetings of the Board his
actual expenses.
Sec. 1261. The said Board of Trustees is a body corporate i n c orpora-
and politic, in deed and in law, by the name of the Board of porate powers.
Trustees of South Carolina College, and by said name they and ib., §§ 4, 6.
their successors shall have perpetual succession, and be able
and capable in law to have, receive and enjoy, to them and their
CIVIL CODE
successors, lands, tenements and hereditaments of any kind or
value, in fee or for life, or years, and personal property of any
kind whatever, and all sums of money of any amount what-
soever which may be granted, devised or bequeathed to them
for the purpose of building, erecting, endowing or supporting
the said college ; but in receiving any such bequest no liabilities
of any character shall be made binding or obligatory upon the
State, except such as are accepted by the General Assembly.
They shall have a common seal for themselves and their suc-
cessors, with liberty to alter the same from time to time, and
by their corporate name shall and may be able to plead and be
impleaded, defend and be defended, in all the Courts of this
State.
Bo^rdf'Tresi^ ^^c. 1262. The Board of Trustees shall meet in Columbia
dent; quorum. ^^ such time and placc as the Governor shall direct ; and the
7b ^'eJ' §5^^' Governor of the State shall be the President of the Board, and
in his absence the Board shall select one of their number to act
as President. The stated meetings of the Board shall be held
at least twice a year ; but the President of the Board shall have
power to assemble it at any time in extra meeting, and it shall
be his duty to do so whenever requested by the Faculty of said
college. Nine members of the Board shall constitute a quorum
for the transaction of ordinary business, but not less than a
majority vote of the whole Board shall be required for the elec-
tion or removal of a President or Professor, for the creation or
abolition of any professorship, or for the expulsion of a student.
Boa^d'^ftmeet^ ^^^' ^^^^' ^^^ ^^^^ Trustccs, or a quorum of them, being
^"gs. regularly convened, shall be capable of doing or transacting all
R. s. 1099; the business of said college, but more particularly of electing
all the necessary officers of the said college and of the said
colleges, of removing any of them for neglect or misconduct, of
prescribing the course of studies to be pursued by the students,
and in general of enacting all such rules, regulations and by-
laws as shall appear to them necessary and not repugnant to the
laws of the State and of the United States. They shall have the
power to appoint for said college a Board of Visitors of such
number as they may deem expedient, whenever they may think
proper. No vacancy in the offices of the said college, shall be
filled unless at the stated meetings of the Board of Trustees ;
but such vacancy may be filled at an occasional meeting until the
next stated meeting, and no longer.
Sec. 1264. All and every estate and property, real or per-
OF SOUTH CAROLINA.
sonal, tenements, hereditaments, leasehold estates, franchises,
easements and credits of every description which have hereto- ^g^^ed \ ^ c* I
fore been of the South Carolina Collesre, or of the University ^^^^5 proviso
"^ ' •' as to sale of.
of South Carolina, shall vest in and shall become the property — ^ g ^^—
of the said college ; but no sale of the property of the college ^^■' §^-
shall be made without the consent of the General Assembly.
Sec. 1265. The said Board of Trustees are also authorized .^o^rd to re-
ceive and in-
to receive, in behalf of the State, and invest to the best advant- yest funds of-
' ' iered to found
age, in their discretion, all moneys, funds and securities which scholarships.
may from time to time be offered for the foundation of scholar- ^^ ^esf'ss^^^'
ships in said college.
Sec. 1266. In all investigations touching the affairs of the t, ^ °, ^^/'' °^
o o Board to pro-
college, the said Board of Trustees are invested with full power ^"^^ evidence.
to compel, by subpoena, rule and attachment, witnesses to ap- j^q{,^- > ^- ^•
pear and testify, and papers to be produced and read before the
Board.
Sec. 1267. The said Board shall elect a President, and the ^ Election of
' Jrresident; ra-
President and Professors shall constitute a Faculty of the Col-^^^^^' powers
lege, and said Faculty shall have the power of enforcing the — r~s~iioI^
rules, regulations and by-laws adopted by the Trustees for the-'^^-' ^^°' ^^°-
government of the students, by rewarding or censuring them,
and by suspending such of them as shall be disobedient and re-
fractory until a determination of a quorum of the Trustees can
be had; but it shall be in the power of a majority of the whole
Board of Trustees at a stated meeting only to expel a student
of the college. The Faculty are required to report the whole
of their proceedings against any student who shall be sus-
pended, together with the cause of such suspension, to the
Board of Trustees at their next stated meeting after such sus-
pension, and the said Board are empowered upon a review of
the case to restore any student to his standing in the college.
Sec. 1268. The said Board shall take care that the President ^^^g^f^";'^^!
of the South Carolina College shall not be an atheist or infidel, ch^p°f;^"^la'
and that one of the Professors shall be charged with the duties ^ g. iios;
of Chaplain to the college under such regulations and with such ^^■
additional salary as may be fixed by the said Board.
Sec. 1269. The said Board shall appoint a Librarian for said appofS ^and
college, who shall perform such other duties and receive such s ^ gnme°nt' Iff
salary or compensation as the Board may prescribe. The Trus- oth°e^r^^dutfes. *°
tees shall have authority to assign any Professor to additional jj,. ; r^ s?
duties in any other school or schools without additional salary. ^^^^'
Sec. 1270. The tuition fee shall be forty dollars per annum
CIVIL CODE
for each student, and shall go to the sustenance of the college,
Tuition fees except that in the Law Department the Board of Trustees may
and beneuci- r f j
Vi ^ • ^re °^ia- ^^ such additional fees as they may deem necessary to make it
tions as to. sclf-sustaining as soon as possible ; compensation for room rent,
1 /o V- ?9 0 1' ^^^ ^^ Library, and damage to property, shall be regulated by
xxiiL, 732. -j-j^g Board ; and all tuition fees in the Law Department shall be
subject to the disposal of the Board for the payment of the
salary of the Law Professor. Except in the Law Department,
the Faculty of the said college may grant beneficiary scholar-
ships, without payment of any fees, to such competent and de-
serving youths of this State as may be unable to pay the same,
and the Trustees of the said college shall prescribe such rules
and regulations as may be proper to confine the enjoyment of
this privilege to those whose necessities require it.
And the Board of Trustees may remit all fees to teachers of
the State, in both public and private schools, who take the spe-
cial courses offered teachers by the college.
College may gee. 1271. The said college shall have full power to confer
confer degrees. <= ^
~~J7~. — ^^ — ^ degrees on students and on such other persons as may be quali-
^i°s- fied to receive the same.
Discretionary ggc. 1272. The Board of Trustees shall have the power to
powers of -"^^
B°^rd. adopt such measures and make such regulations as may in their
T' ^'^cf' :}}^^' discretion be necessarv to carrv out anv of the provisions afore-
i&.j 691, §11. ' - • - r
said in all cases where the same has not been specially provided
for therein.
Normal stu- gee. 1273. The Board of Trustees shall provide for admit-
dents and wo- ^
men students, ^i^^ ^LS normal studcuts, without fees for tuition or matricula-
^^1893, XXI., tion, two young men from each county ; and shall provide for
admitting young women to enter college now below the junior
class.
ARTICLE III.
The South Carolina Military Academy.
Sec.
1274. A Branch of the State Uni-
versity ; control, &c.
1275. Board of Visitors, how con-
stituted, &c.
1276. Powers of Board.
1277. Beneficiary Cadets.
1278. How appointed.
1279. To file copy of matriculation
Sec.
12S0. Bond to be given by Bene-
ficiary Cadets.
1281. Board of Visitors to report
expected graduates to State
Superintendent of Educa-
tion.
1282. Release of Beneficiaries from
obligations.
obligation. j 1283. Annual report of Board of
I Visitors.
OF SOUTH CAROLINA. 487
D. 1902.
Section 1274. The South Carolina Military Academy is a
branch of the State University, constituting the military school of ^Univertity^
thereof, but is subject to the sole control and supervision of a ^JJo^J ^^^j^^j.^qj^
Board of Visitors. q g. 1052;
Sec. 1275. The Board of Visitors of the South Carolina J|^2, \ vTi.',
Military Academy shall be composed of the Governor of the'^^^-
State, the Adjutant and Inspector General, the State Superin- yi^ifors'; h o°w
tendent of Education, and the Chairman of the Military Com- constituted.
mittees of the Senate and House of Representatives, who shall -^gg^- xxiil'
be members ex oiUcio of said Board, and five others to be^°°-
elected, by joint vote of the General Assembly as herein pro-
vided, who shall be graduates of said Academy.
The regular terms of office of the elective members shall be
six years after the first election. The term of those elected at
the first election shall be one for two years, two for four years,
and two for six years, to be determined by lot after said elec-
tion, and their terms of office shall date from the first day of
February, 1900. The General Assembly shall hold an election
every two years to fill vacancies as they occur by the expiration
of terms of office.
Sec. 1276. Said Board shall have the power to establish such Boa^cToVvi^^
regulations as they may deem necessary for the organization !^!1
and good government of said Academy, and to establish such -^^^^ xxui'',
by-laws for the management thereof as shall not be inconsistent '^^^•
with the laws of this State or of the United States, to appoint
Professors qualified to give instruction in military science and
in other branches of knowledge which they may deem essential,
to fix their salaries, and to remove them for cause, but in every
case of removal two-thirds of the whole number of the Board
shall concur, and the said Board shall have full power to confer
the degree of Bachelor of Sciences on graduates of the said
Academy.
Sec. 1277. The said military academy is reopened for the free Beneficiaries,
education and maintenance of as many beneficiary cadets as the ^^ G. ^s. io48;
appropriation annually made therefor will allow : Provided, ^^99. xxiii.,
That each County shall be entitled to at least one beneficiary
cadet in the said academy, and the Board of Visitors may also
receive pay cadets without expense to the State.
That in the event of the formation of new Counties after the j.af/°'^of'°'^new
apportionment of beneficiary cadets has been made, no cadet Counties.
then in the academy shall be dropped in order to carry out the
provisions of this law.
488 CIVIL CODE
A. D. 1002.
''^-""^-^^'^ Sec. 1278. The beneficiary cadets to be admitted, as provided
B e n eficiary in the preceding Section, shall be appointed from the Counties
cadets, now ap- -^ ° '■ '■
pointed; obij- of the State in proportion to representation in the House of
gation to teach ^ '■ '■
after gradua- Representatives. They shall be required to teach, after sfradu-
tion; how re- -^ . -^ ^ ' o
leased from, ation, for two ycars in the free public schools of the State.
G. s. 1049; Sec. 1279. Each beneficiary cadet, when he receives his ap-
R. S. 1116; lb., . ^, . - ^
728; 1886. pointmcnt, shall file, in the office of the State Superintendent
Copy of ma- of Educatiou, a copy of his matriculation oblisfation.
tnculation ob- -^ -^ _ '='
ligation to be Sec. 1280. Evcry beneficiary cadet of the South Carolina
filed.
——Military Academy, upon reporting for duty and matriculation,
1 S 9 1, XX.,
1040. shall file with the Superintendent of said academy a bond pay-
Cadet to file able to the said academy in a penal sum sufficient to cover the
•maintenance and education that may be expended in his behalf
Violation.
1899, XXIII.,
796. and conditioned for the faithful performance by said cadet of
Amount. his matriculatiou agreement to teach for two years after gradu-
Condition. atiou in the free public schools of this State as provided by law ;
and if honorably discharged before the completion of his
course, then to teach for a period of time proportioned to the
time he has been in the academy. And unless the said cadet
shall fill his said obligation as aforesaid he shall be deemed to
have violated his contract, and authority is hereby given to the
said academy to proceed by law for the collection on said bond
of such amount as may be necessary to cover so much of the
maintenance and education of said cadet as may be propor-
tionately due from his failure to teach the whole or any part of
Infancy no. -iai-i i • r
bar. the time agreed as aforesaid. And neither the infancy of the
cadet executing such bond nor the Statute of Limitation shall
be permitted to be plead in bar of the recovery of said debt:
Provided^ That the Board of Visitors of the said academy may,
in their discretion, permit a beneficiary cadet to fulfill his obli-
gation by teaching in any of the public schools or colleges of the
State in which his services may be sought in like manner and
under the same conditions as if he taught in the free public
schools.
Duty of Sec. 1281. It shall be the duty of the Board of Visitors to
Board of Visi- ■• r^ r- • i i- -r- i
tors. report to the State Superintendent of Education, at least one
lb. month before the expected graduation of any beneficiary cadet,
and within one month after the honorable discharge of a bene-
ficiary cadet before graduation, the names or name of such
cadet, and the Superintendent shall inform the Trustees of the
dent pi Edu- free public schools throughout the State of the opportunity of
securing teachers therefor, and shall assign such beneficiary
Proviso.
OF SOUTH CAROLINA.
graduates or under-graduates to such schools as in his judg
ment the interest of the State may require, preference being
given in all cases to the schools in the County from which any
beneficiary may have been appointed.
Sec. 1282. If in one month after the opening of the ensuing j-eiea^se^'^^'^^ °*
school year a graduate or under-graduate receives no assign-
ment to a school, the Superintendent may issue to such graduate
or under-graduate a certificate releasing him from his obliga-
tion to teach in the public schools. Upon satisfactory proof
made to the State Superintendent of Education by any bene-
ficiary graduate or under-graduate that he has fulfilled his ma-
triculation agreement by teaching, as required, in the public
schools, the said Superintendent shall grant to such graduate
or under-graduate a certificate, under the seal of the State, to
that effect. Upon presentation of such certificate, or either of di^char^e^*^ °*
them, to the Superintendent of the State Military Academy, he cancellation
shall cancel and deliver to such beneficiary graduate or under- °^ ^°'^'^-
graduate the bond herein required.
Sec. 1283. The Board of Visitors shall make a minute and
Ann ual re-
port of Board.
R. S. 1117;
full report of the condition and management of the said acade-
my to the Superintendent of Education and to the Governor, to f2^'i^i''xx'
be by him laid before the General Assembly in each and every '^^"^■
year.
ARTICLE IV.
The Winthrop Normal and Industrial College of South
Carolina.
Sec.
1284.
1285.
1286.
1287.
Establishment, name.
Board of Trustees, how com-
posed, &c.
Trustees to be furnished with
certificates of election.
Meetings of Board, &c.
Sec.
1288. Corporate name and powers.
1289. President and Professors.
1290. Tuition fees.
1291. Degrees may be conferred, &c.
1292. Scholarships.
Name.
Section 1284. There shall be established an institution for the i n s t itution
1-1 1 • I- 1 • • 1 established.
practical training and higher education of white girls, as a
branch of the State University, which shall be known as "The
Winthrop Normal and Industrial College of South Carolina," -
. 1891XX
and shall be located, equipped and conducted as hereinafter pro- 1102. '
vided.
Sec. 1285. The Board of Trustees of the Winthrop Normal
CIVIL CODE
and Industrial College of South Carolina, shall be com-
Trustees of poscd of the Govemor of the State, the Superintendent of Edu-
the Winthrop ^^ ^ .
Normal a n d nation, and the Chairmen of the Committees on Education of
Industrial Col- '
lege; of whom ^]^g Senate and House of Representatives, who shall be mem-
composed;
terms of office, ^grs ex-ofUcio of Said Board, and seven other members, each to
&c. ,
be elected by the joint vote of the General Assembly, as herem-
after provided.
The regular term of office of the elective members of the
aforesaid Board of Trustees of the Winthrop Normal and In-
dustrial College of South Carolina shall be six years, after the
first election, in which the terms of office of those elected therein
shall be two years, two for four years, and three for six years,
on said Board, these terms in said Board to be determined by
lot after said elections.
The terms of the elected members of said Board shall date
from the first day of February, A. D., 1900; and the General
Assembly shall hold elections every two years to fill vacancies
as they occur in any of said Board by the expiration of terms
of office. In all cases where there is a vacancy in said
Board of Trustees, the Governor shall be empowered to fill
same by appointment until the next session of the General As-
sembly.
Each member of the Board shall receive as compensation for
services and attendance on the meetings of the Board their
actual expenses, which shall be paid out of the funds of the in-
stitution. There shall be at least two regular meetings of the
Board each year.
stftTto^^notif* ^®^- ■^^^®- ^^^ Secretary of State shall furnish a certificate
trustee. ^q g^^h Trustec within ten days after his election, notifying him
acce 't\iteiec° ^^^^ ^^ ^^^ ^^^^ ^° elected, and if any trustee fail for the space
tion void. Qf thirty days to inform the Governor of his acceptance, then
his election shall be void, and his place shall be filled as hereto-
fore provided in cases of vacancy.
Meeting o f ggg 1287. The first Board of Trustees shall convene within
Board.
ten days after the adjournment of the Legislature for organiza-
r. tion and for the transaction of business. A majority of said
Quorum. ■' -^
Board shall constitute a quorum. Whenever any member of
.^H'.^"'rt^°if^" the said Board has failed to attend two successive meetings of
said Board without rendering an excuse which is satisfactory to
and accepted by the Board, his place shall be declared vacant
by the Board and shall be filled as heretofore provided.
Sec. 1288. The Board of Trustees of the South Carolina In-
OF SOUTH CAROLINA.
dustrial and Winthrop Normal College are hereby created a
body corporate by the name and style of "The Trustees of the ^^^^ '^ ° ^pora-
Winthrop Normal and Industrial College of South Carolina," ^^^^
and shall by said name have perpetual succession of officers and
members, the right to use and keep a common seal, and the
same to alter at will ; and may sue and be sued, contract and be ^^/^ ^ ° ^^^^
contracted with, and may own, purchase, sell and convey prop- p^ o p e r t y
erty, both real, personal and mixed, and are authorized and em- eights.
powered to receive and hold donations, devises, bequests and
legacies for the use and benefit of the said institution : Provided, ; ^ c°u mVered
That all property purchased under the authority of this Article P™P^'''^y-
shall be free from liens and incumbrances, and title to the same
as well as to any donations that said Board may receive shall ^^ ^^ g^^^^
be taken in the name of the trustees in their corporate capacity, property.
and shall become the property of the State of South Carolina.
They shall have full power and authority, from time to time,
to make, constitute and establish such by-laws, rules and orders, By-laws.
not inconsistent with the laws of the land, as to them shall seem
necessary and convenient for the better regulation, government,
well-ordering and directing of themselves as Trustees as well
as the Winthrop Normal and Industrial College of South Caro-
lina, and all officers, teachers or other persons by them em-
ployed in and about the same, and all pupils in the said institu-
Powers in
trust.
tion. They shall possess all the power necessary for the accom-
plishment of the trust committed to them, viz. : The establish- ^^^^^ objects.
ment, conduct and maintenance of a first-class institution for
the thorough education of the "white girls" of South Carolina,
the main object of which shall be (i) to give to young women
such education as shall fit them for teaching; (2) to give in-
struction to young women in stenography, typewriting, teleg-
raphy, bookkeeping, drawing, (free hand, mechanical, archi-
tectural, etc.,) designing, engraving, sewing, dressmaking,
millinery, art needlework, cooking, housekeeping, and such
other industrial arts as may be suitable to their sex and con-
ducive to their support and usefulness. Said trustees shall have a d 4 i tionai
■^^. . special fea-
authority to add, from time to time, such special features to the tures.
institution and to open such new departments of training and
instruction therein as the progress of the times may require.
Sec. 1289. The Board of Trustees shall appoint a President President
■^ ^ and professors.
and Professors of said institution, and such other officers as ^ ,
' . . O t h e r o f-
they may think proper to put the same in successful operation, ficers.
They shall fix all salaries and wages of teachers and employes.
CIVIL CODE
The President selected by them shall attend every meeting of
attend^' m'ee't° ^^'^ Board for consultation and to give information concerning
mgs. ^Yit institution. The Board, aided by the President, shall divide
Departments, ^j^g coursc of study and instruction into departments, so as to
secure thorough education and the best possible instruction.
i nd'^ustriaUn^ ^'^ §"^^^ shall be allowed to take a course in said institution who
struction. ^^^g j^^^ receive instruction in at least one industrial art.
Tuition fees. ggg_ 1290. The tuitiou charge for students shall be forty
($40) dollars a session : Provided, Students shall be admitted
free of tuition charges who are not able to pay their tuition, as
ascertained and determined by the Board of Trustees.
Degrees. §60. 1291. The Said Trustees are authorized and empowered
to confer degrees and grant diplomas to all persons who satis-
^ J factorily complete the prescribed courses of study and training
Normal De- i^ said institution, and a diploma from the Normal Department
partment. -"^ -"^ _
. , . , shall entitle the holder to teach in any of the public schools of
Authority to . .
teach. the State as first grade teacher without further examination.
. Schdarships gcc. 1292. The Board of Trustees of the Winthrop Normal
in W 1 n throp -^
jSTormai Col- and Industrial College shall have the authority to assign the
scholarships provided for that institution by the General As-
173.
XXII.,
sembly so that there may be given to a County as many scholar-
ships as such County is entitled to members in the House or
Representatives at forty-four dollars each. These scholarships
shall be awarded upon competitive examination by the State
Board of Education.
ARTICLE V.
The Colored Normal,, Industrial, Agricultural and
Mechanical College of South Carolina.
Sec.
Sec.
1293.
Establishment, a Branch of
the State University ; Board
of Trustees, how composed.
1296
&c.
1297
1294.
Duties and powers of Trus-
1298
tees.
1299
1295.
Separation from Claflin Uni-
versity ; Rights and privi-
leges.
Trustees to provide buildings
and professors, &c., and ar-
range courses of study.
Quorum of Board of Trustees.
Land Scrip Fund.
Public land funds under Act
of Congress.
Section 1293. There shall be established within this State a
Establishment
of the Colored
Normal, Jndus-
chaiica"'^c^1- Normal, Industrial, Agricultural and Mechanical College for
clr^oii°na ^°"^^ ^^^ higher education of the colored youth of the State, and the
1896, XXII.,
174.
OF SOUTH CAROLINA.
said college shall be known as the Colored Normal, Industrial,
Agricultural and Mechanical College of South Carolina.
The Colored Normal, Industrial, Agricultural and Mechani- ^^^ s "c"'unf-
cal College of South Carolina shall be a branch of the State y^rsity; Trus-
=5 tees of, &c.
University, but shall be under the management and control of ~
a separate Board of Trustees, composed of seven members, six
of whom shall be elected by the General Assembly, whose term
of office shall be six years. But the General Assembly shall at
its present session elect two of said Trustees for two years, two
for four years, and two for six years, so that two of them shall
go out of office every two years. The Governor of the State
shall be ex officio the seventh member of said Board of Trustees.
Sec. 1294. The Board of Trustees of the Colored Normal, p ^^^'f, ^^ ^ ^
Industrial, Agricultural and Mechanical College of South Caro- Trustees.
lina are hereby fully authorized and empowered to take charge ^^^
of, manage and control all of the real and personal property
belonging to Claflin College, in whosesoever hands or custody
the same may be now or hereafter found, and shall hold the
same in trust for the benefit and uses of the said Colored Nor-
mal, Industrial, Agricultural and Mechanical College of South
Carolina.
Sec. 1295. The Board of Trustees of the Colored Normal, p o,^ ^ r s of
' Trustees to et-
Industrial, Agricultural and Mechanical College of South Caro-jf^ct a separa-
' ^ c5 tion with Cla-
lina shall have, and are hereby given, full and ample power to ^'"^ University.
do and to perform any and all acts whatsoever necessary to ef-
fect a complete and final separation of the interests of the State
from those of Claflin University, and, if found necessary to
protect or promote the interests of the State, the authority here
given shall authorize said Trustees to sell, purchase or ex-
change real estate.
The Colored Normal, Industrial, Agricultural and Mechani- R.ightsand
' ' o p r 1 V lieges of
cal College of South Carolina shall have all the rights and ^^e College.
privileges possessed by Claflin College, and be entitled to re- ■^^•
ceive all the funds set apart for the support of Claflin College
under the Acts of the General Assembly of this State, and the
said College shall forever be, and remain, free and separate
from Claflin University and all other colleges, schools or other
institutions which are wholly or m part under the direction or
control of any church or religious or sectarian denomination or
society.
Sec. 1296. The Board of Trustees of the Colored Normal,
Industrial, Agricultural and Mechanical College of South
CIVIL CODE
Carolina are authorized and empowered to provide all neces-
rovide^*^buiid° ^^^y Suitable buildings upon a proper site for the purpose ; to
ings, ^establish establish a coursc of study covering the normal, industrial,
study, &c. agricultural and mechanical sciences, and provide the necessary
■^''- appliances for proper instruction in the same; and to select a
proper corps of professors and instructors and fix their salaries.
The Principal or President and corps of instructors shall be of
the negro race.
Sec. 1:297. A majority of the Board of Trustees shall be
necessary for the transaction of any business.
One-half of ggc. 1298. One-half of the fund known as the Land Scrip
the Land Scrip ^
trastees^^*^*^ ^*^ Fund, to wit. : ninety-five thousand and nine hundred dollars.
Majority.
lb.
18 8 9 X x'^^^^^ ^^ ^°^ ^^^ benefit of the Colored Normal, Industrial, Agri-
Art XI "^ § s- ^^^^^^^^ ^"^ Mechanical College of South Carolina, and shall
169-^ 1872 ■^xv"^^ a perpetual fund, which shall forever remain undiminished,
i^^'?'TT ^^Ic-and the Board of Trustees are authorized to use the income
X V i 1., o o;
1896, XXII., thereon, to wit. : six per cent, per annum, payable semi-
annually, from July ist, 1889, for the use and maintenance of
said college.
To have half gee. 1299. All sums which shall be received by the State
of Public Land ■'
Fund, under from the United States government under the provisions of the
gress; how ap- Act of Cougrcss, approved August 30, 1890, entitled, "An act
^^ to apply a portion of the public lands to the more complete en-
7 0 4; ' 1 8 9 6.' (jowment and support of colleges for the benefit of agriculture
and mechanical arts established under the provisions of an Act
of Congress approved July second, eighteen hundred and sixty-
two," shall be equally divided between the Colored Normal, In-
dustrial, Agricultural and Mechanical College and the Clem-
son Agricultural College, to be applied to the purposes specified
in said Acts.
CHAPTER XXVI.
The Clemson Agricultural College.
Sec.
1300. Acceptance of Clemson devise
and bequest.
1301. Agricultural and Mechanical
College established ; name,
location and studies.
1302. Board of Trustees, how com-
posed, duties.
1303. Corporate name, powers, &c.
Sec.
1304. Two-thirds vote required for
expenditures.
1305. Annual report of Board as to
College.
1306. Funds of Clemson bequest to
be invested by State Treas-
urer.
1307. Investment in State Bonds,
&c.
OF SOUTH CAROLINA.
495
Sec.
1308. Land Scrip Fund.
1309. Hatch Fund for Experiment
Station.
1310. Department and Commis-
sioner of Agriculture abol-
ishied.
1311. Powers and duties devolved
on Board of Trustees.
1312. Meetings of Board ; expenses.
1313. Duties and powers of Board.
1314. May construct railroad.
1315. May lease same.
1316. May construct and maintain
tramways, &c.
Sec.
1317-1318. Duties of Veterinarian
of College.
1319. Privilege tax on Fertilizers.
1320. Clemson College a municipal
corporation.
1321. To be governed by Board of
Trustees.
1322. Powers of Trustees to license
sales.
1323. Powers of Trustees to ap-
point Constables.
1324. No power to levy taxes.
1325. Annual report to General As-
sembly as to all their acts.
A. D. 1902.
Section 1300. The Honorable Thomas G. Clemson having ^f^hVciemson
departed this life on the sixth day of April, A. D. i888, leaving :i^^^^^ ^""^ ^^-
quest.
R. S. 1118;
in the office of the 1^^^'^^-' 2^^-
of force his last will and testament, which was duly admitted to
probate on the twentieth day of April, i?
Judge of Probate for the County of Oconee, in the State of
South Carolina, wherein he devised and bequeathed to his exe-
cutor, Richard W. Simpson, of Pendleton, South Carolina,
a tract of land situate on Seneca River, in Oconee County, in
said State, containing eight hundred and fourteen acres, more
or less, known as the Fort Hill plantation, as well as all his
other property, both real and personal, except certain legacies
in the said will mentioned and provided for, all in trust to con-
vey to the State of South Carolina when the said State shall ac-
cept the same for the purpose of establishing and maintaining
an Agricultural and Mechanical College upon the aforesaid
Fort Hill plantation upon the terms and conditions of said will,
the State of South Carolina hereby expressly declares that it
accepts the devise and bequest of Thomas G. Clemson subject
to the terms and conditions set forth in his said last will and
testament, and the Treasurer of the State is hereby authorized
and empowered to receive and securely hold the said property,
both real and personal, and to execute all necessary papers and
receipts therefor as soon as the said executor shall convey and
transfer the said devise and bequest to the said State.
Sec. 1301. The deed and transfer of said property to the an^ Medhinlcai
State having been duly executed and made by the said execu- i(°heit n a^m^e
tor, in accordance with the provisions of said will, an Agricul-^r an'^ifes""!
tural and Mechanical College is hereby established in connection ^'^I:
with the aforesaid devise and bequest, to be styled "The Clem- j^^'gyf; §^2^^^'
son Agricultural College of South Carolina," and situated at
Fort Hill, in Oconee County, on the plantation so devised; in
CIVIL CODE
which college shall be taught all branches of study pertaining to
practical and scientific agriculture and other industries con-
nected therewith, and such other studies as are not inconsistent
with the terms of the said will.
College to be Scc. 1302. The Said college shall be under the management
under control "
o f Board o f and coutrol of a Board of thirteen Trustees composed of the
Trustees; now . .,.,,,,.
elected; t e r m sevcu mcmbcrs nommatcd by said will and their successors and
of office, &c.
six members to be elected by the Legislature in Joint Assembly.
7b.,i897,'xxii; Three of the Trustees elected in i8q8 shall serve for the term
470 ; 1898, . , , r • i i n r i
XXII., 763. of two years, and three of said trustees shall serve for the term
of four years, from the commencement of their terms and until
their successors shall be elected, and the said six trustees, im-
mediately after their election, shall cast lots to determine which
three of said trustees shall serve for the term of two years and
which three shall serve for the term of four years. Here-
after every two years the General Assembly shall elect in joint
assembly three trustees for said college, who shall serve for the
term of four years and until their successors shall be elected
and shall qualify.
The Board of Trustees shall elect one of their number to be
President, and elect a Secretary and fix his salary. They shall
organize the college and put it in operation as soon as prac-
cable after the passage of this Act ; shall prescribe the course of
study, shall declare the professorships, elect the professors, of
whom the number shall not exceed ten, and define their duties
and fix their salaries, and make all rules and regulations for the
government of the college. They may employ such superintend-
ent, head workman, laborers for the farm, shops and grounds
as may be necessary, and fix their compensation. They shall
charge each student a tuition fee of forty dollars per annum:
Tuition. Pfovided, however, The Board of Trustees of said Clemson
Agricultural College may grant free tuition to such competent
grll^ted'tmtion and dcscrving youths of this State as may be unable to pay the
*"^" same, and the said Board of Trustees shall prescribe such rules
and regulations as may be proper to confine the enjoyment of
this privilege to those whose necessities require it.
anfporers!'"" Scc. 1303. The Said Board of Trustees is hereby declared to
j^ s 1121; be a body politic and corporate, under the name and style of the
1889, XX., 279. Qemson Agricultural College of South Carolina. They shall
have a corporate seal, which they may change at their discre-
rights° P ^ "^ ^ ^ tion ; and in their corporate name they may contract for, pur-
chase and hold property, for the purposes of this Article, and
OF SOUTH CAROLINA.
may take any property or money given or conveyed by deed, de-
vise or bequest of said college, and hold the same for its use and
benefit : Provided, That the conditions of such gift or convey- proviso.
ance shall in no case be inconsistent with the purposes of this
Chapter, and shall incur no obligation on the part of the State. ^^^ estment
They shall securely invest all funds and keep all property which °^ ^"'^'^^■
may come into their possession, and may sell any of the personal
property not subject to the trust, and reinvest the same in such
way as they may deem best for the interest of said college. They
may sue and be sued, plead and be impleaded, in their corporate other powers.
name, and may do all things necessary to carry out the pro- Bylaws,
visions of this Chapter, and may make by-laws for this purpose
if they deem it necessary.
Sec. 1304. It shall require a two-thirds vote of the ^^^d of l.lZf^^''^
Board of Trustees to authorize the expenditure of any moneys J^_
appropriated to the said college by the State, or to authorize the ^^^^ ^^j^ ^^
sale or transfer or reinvestment of any property or moneys property.
arising from the sale of any property under the provisions of ^- ^- '^'^'^'^■
this Chapter.
Sec. 1305. It shall be the duty of said Board of Trustees ^o^^^^lf^^^
make to the Legislature an annual report of the college, and of Board.
all farming operations and tests and experiments, and of all^^^^- S- i^^^'
receipts and expenditures, with a statement of the condition of
the property and funds of said college, and of all receipts and
expenditures of money appropriated thereto by the State.
Sec. 1306. The State Treasurer shall securely invest and re- ^tat^e Treas-
-' urer to invest
invest the funds now in his hands, and such as may f""ds of ciem-
-^ s o n bequest,
hereafter come into his hands, derived from the Clemson and pay the
annual interest
bequest in such manner as shall be directed by the Governor, to Treasurer of
the Comptroller General and the Treasurer of the State, or any — ^ ^^^^,
two of them. He is hereby authorized to collect the interest isso, xx., 662.
annually upon all investments made of funds of the Clemson
bequest, and pay the same over to the Treasurer of the Board
of Trustees of Clemson Agricultural College. It shall be his
duty, under the direction of the Governor, the Comptroller-
General and the Treasurer of the State, or any two of them to
enforce the collection of the principal or interest due on any
investments made of such Clemson bequest.
Sec. 1307. The State Treasurer is hereby authorized and-
empowered to collect by suit or otherwise, or to sell and con-
vert into money, all the evidences of indebtedness now held by
him and which was turned over to him as a part of the Clem-
32.— C.
498 CIVIL CODE
A. D. 1902. ■ —
^'^""'''^^ ' son bequest, and that when he shall have received the money on
urfr^to cdiect Same that he invest the same in Brown Consols, bearing interest
b"^o w n^^con" ^^ ^ix per cent, per annum. When said funds are invested in
of ILck7 Trus^ said Brown Consols, as provided for in this Section, then the
perpetuanlfndt State Treasurer shall issue a certificate of State stock in a sum
?ofs.°'^'^ ^°^' equal to the value of said Brown Consols, bearing interest at
^ ^ ]^ the rate ©f six per centum per annum, payable semi-annually, to
1891, XX., 1054. |-]^g Board of Trustees of the Clemson Agricultural College, to
be held as a perpetual fund, the capital of which shall forever
remain undiminished, the interest on same to be used by said
Board of Trustees for the uses of said Clemson Agricultural
College ; and when the said State stock is so issued, he do then
cancel the said Brown Consols in the place of which the said
State stock was issued.
One-half of gec. 1308. One-half of the Land Scrip Fund heretofore
Land b c r i p J^
tTu sTeef o" ^^^^^"^ ^^ Scctiou 1045 oi the General Statutes (1882) in the
?t o^lk is^su^ed ^o^rd of Trustees of the University of South Carolina is hereby
therefor how yested in the six members of the Board of Trustees of the
to be held and
how income to Clcmsou Agricultural College of South Carolina elected by the
be apphed. =5 o ^ ^ j
— g ^^,g. General Assembly ; and the State Treasurer is authorized and
1889, XX., 299, required to issue a certificate of State stock in the sum of ninety-
§ 1; see Con., ^ -'
4^^- ^J<^ 11' five thousand nine hundred dollars, bearing interest at the rate
186&, XiV.,lD9; _ _ '-' _
1879, XVII., 86. of six pcrccutum per annum, payable semi-annually, to the said
six members of the said Board of Trustees, to be held as a per-
petual fund, the capital of which shall forever remain undi-
minished, the income of said fund to be used by said Board of
Trustees for the building and maintenance of the said Clem-
son Agricultural College, in accordance with the purposes for
which the said Land Scrip was donated by the Act of Congress
in relation thereto.
See Sec. 1299, ante, as to the division of the public land funds between the
Colored Normal, Industrial, Agricultural and Mechanical College of South Caro-
lina, and Clemson Agricultural College.
veShiTrus"^ Scc. 1309. The annual grant of fifteen thousand dollars,
Tof sup^o°rt^Sf commonly known as the Hatch Bill fund, made to the State of
Station.^ ™^^^ South Carolina by the Congress of the United States according
~~^ ^ 1128^^° ^^^ terms of an Act of Congress entitled "An Act to establish
1889, XX., 300, agricultural experiment stations in connection with the colleges
established in the several States under the provisions of an Act
approved July second, eighteen hundred and sixty-two, and of
the Act supplementary thereto," approved March 2d, 1887, shall
be and hereby is, withdrawn from the control of the Board of
Trustees of the University of South Carolina, in whom it was
OF SOUTH CAROLINA. 499
A. D. 1902.
vested by an Act entitled "An Act to amend Chapter XX. of the ""--^"v^^^
General Statutes, entitled 'Of the University of South Caro-
lina,'" approved December 22, 1887; and the said grant of
fifteen thousand dollars is hereby vested in the six members of
the Board of Trustees of the Clemson Agricultural College of
South Carolina chosen by the General Assembly; and an agri-
cultural experiment station shall be established in connection
with the said Clemson Agricultural College, and under the
direction of the Board of Trustees thereof, to be supported by
said grant according to the provisions of the Act of Congress
hereinbefore mentioned.
Sec. 1310. The Department of Agriculture of this State, as „f°/gPf^^^^^^^
heretofore constituted and provided for by law, is abolished, cfcf mmfssfoner
and also the office of Commissioner of Agriculture for this abolished.
Cfofp R. S. n29;
■^^'^^*^- 1S90, XX., 705,
Sec. 1311. All the powers, duties, rights and privileges here- ^pg^^g^g ^nd
tofore vested in and exercised by the Commissioner of Agricul- duties of, de-
J o volvea upon
ture and the Department of Agriculture of this State are hereby ^j^^g^^^^®^°j^
vested in and devolved upon the Board of Trustees of the Clem- ^5 ° ^' excep-
son Agricultural College of South Carolina, except that said — j^^ s~li3o^
Board shall not have any rights, powers or privileges in refer- ■''^•' § 2.
ence to or in connection with the management and control of the
rights and interests of the State in the phosphate rock or phos-
phatic deposits in the navigable streams and marshes thereof.
Sec. 1312. For the purpose of carr3dng out the duties hereby j^j g g tin<' of
devolved upon them, the said Board of Trustees shall meet at f°^^\^l remun-
the call of the Governor, and at such time and place as he may ^~~s~n3i^
designate. They shall receive no compensation, but shall be^|g^ '^'xxiii^'
allowed their actual expenses, for not exceeding two meetings m-
in one year, while engaged in the duties of the Board imposed
upon them by this Article.
Sec. 1313. The duties and powers of the said Board of Trus- Duties and
^ powersot
tees are as follows : JB"^'"'^-
1. They shall regulate the returns of such County agricultural ^G. s.^587, 588^
societies as may be chartered by the State, prescribe the forms 59^^ xvi wf '
of such return, and furnish all blanks necessary for securing
uniform and reliable statistics of their operations.
2. They shall issue to the several County Auditors of the
State, blanks, with complete instructions, for the collection of
agricultural statistics and information. The Auditors shall
promptly return such blanks to the Board, filled in accordance
with such instructions.
CIVIL CODE
3. They shall investigate all subjects relating to the improve-
ment of the agricultural interests of the State, the inducement
of immigration thereto, and the introduction of foreign capital
therein, as they may deem expedient.
737^°^' •^^^^^■' 4. They shall have the right to promulgate and enforce rules
and regulations, for the guidance of the Veterinarian of said
college, or his assistant, if one shall be appointed, in the treat-
ment of horses, mules, cattle, hogs, or other live stock affected
with any dangerous or contagious disease.
5. The said Board shall have the power to adopt rules and
regulations, consistent with the laws of this State, and of the
United States, to prevent the introduction into this State of any
live stock, that is affected with any contagious disease, the ten-
dency of which is to cause the death of said live stock.
6. They shall have power, in case of contagious disease
among any kind of stock or animals, either to establish rules of
quarantine or to have the infected animals killed and burned.
706 Yi*' '^^'' 7' 2^^^ Board, or a committee thereof, appointed by them,
shall supervise and enforce the execution of all laws respecting
the sale of commercial fertilizers and seeds within the State,
and any other duties by this Chapter devolved upon them.
^^- 8. They shall appoint a special inspector or inspectors of fer-
tilizers, and such other persons as they may deem necessary for
carrying out the duties of the Department of Agriculture, here-
by devolved upon them, and fix their compensation.
9. They shall collect samples of any commercial fertilizers
offered for sale in this State and cause the same to be analyzed.
Such samples must be taken from at least ten per cent, of the
lot analyzed.
10. They shall prepare and keep in their department books of
registry in which any person may cause to be entered any tract
or lot of land which he may desire to sell, stating the terms of
sale. And such person may file also any plat or other descrip-
tive paper relating to such lands as he may think proper. They
shall also keep books in which shall be entered the names of per-
sons desiring employment as laborers. The registry fee for
each tract of land, or for each person seeking employment, shall
be one dollar. The books shall be open to inspection free of
charge.
11. They shall communicate and co-operate with the Com-
missioner of Agriculture of the United States, and shall receive
OF SOUTH CAROLINA.
from him seeds, plants, documents and information, and shall
distribute the same as may seem to the best advantage.
12. They shall have power to hold agricultural conventions §02 ^^'2 '^^^''
composed of delegates from each County in the State, to be ap-
portioned to each County and elected in such manner as the
Board ma}' provide ; and to conduct farmers' institutes at such
times and places as may appear expedient ; and they are author-
ized to use such parts of the funds under their control as may
be necessary to meet the expense of conducting such conven-
tions and institutes, but no compensation, per diem or mileage
shall be paid to the delegates of such conventions
See Sec. , ante, as to State Entomologist and State Board of Entomology.
Sec. 1314. The Clemson Agricultural College of South Caro- ciemson Coi-
lina is hereby authorized and empowered to construct, maintain struct™raiiroad!
and operate a railroad between the Clemson Agricultural Col- 1900, xxiii.,
565
lege of South Carolina and Calhoun Station, on the line of the
Atlanta and Charlotte Air Line Railway, with all the rights,
powers, duties and privileges that are conferred and imposed by
the laws of this State upon railroad companies.
The said Clemson Agricultural College of South Carolina, Powers and
for the purpose of the construction of said railroad, shall be "^ ^^ ° '
entitled to all the rights and privileges (and be subject to all
the liabilities of railroad corporations) embraced in what is
called the "General Railroad Law," and Acts amendatory
thereof, as well as any Acts now existing, or hereafter to be
passed, regulating the duties, privileges and rights of railroad
companies.
Sec. 1315. After construction of said railroad the said Clem- May lease
son Agricultural College of South Carolina, for the purpose of ^°^
operating the same, is empowered to lease, in any lawful man-
ner, the said railroad to any railroad company upon such terms .
as may be mutually agreed upon, or may enter into any agree-
ment with any railroad company for the operation of the same.
Sec. 1316. The said Clemson Agricultural College of South May main-
Carolina is authorized to construct and maintain tramways, &™ ramways,
macadam roads, electric roads, and such other highways within
the incorporation as the Board of Trustees may deem expedient
for the improvement and development of the corporation, and to
this end shall have all the powers, privileges and rights con-
ferred by Sections 1314 and 1315.
Sec. 1317. The Veterinarian of said college shall have the veterinarian. ^
right to visit any section of this State, where contagious diseases 1901, xxiii.,
737.
502 CIVIL CODE
A. D. 1902.
""""^^^^"^ among animals is believed to exist, and shall determine, under
the rules and regulations of said Board, whether such affected
animals are worthy of remedial treatment or should be de-
stroyed. It shall not be lawful for any person or persons to
hinder or obstruct said Veterinarian or his assistant, in the en-
joyment of the rights given by this Section, or in the discharge
of the duties prescribed by this next succeeding Section.
For penalty of such obstruction, see Criminal Code.
^^- Sec, 1318. When two or more reputable citizens, of any
County in this State, shall notify said Veterinarian, that any
animals in their County are affected with a contagious disease,
the tendency of which is to cause the death of such animals, he
shall investigate the same, or cause an investigation thereof to
be made ; and for such purpose, he, or his assistant, shall have
the right to go upon any premises on which such affected ani-
mals are, or where they are supposed to be. Said Veterinarian
shall have the right to treat such affected animals, at the ex-
pense of the owner or owners of the same, or shall have the
right to cause the same destroyed, under such rules and regula-
tions as may be prescribed by the said Board. No compensation
shall be paid to the owner or owners of any animals destroyed
under the provisions of this Section. The necessary expenses
incurred by the Veterinarian or his assistant in the discharge of
the duties prescribed in this Chapter, shall be paid from the
funds of Clemson College.
to^be'\!afd*to ^®^- 1319. All the privilege tax on fertilizers heretofore re-
u r e r,^ subj^ect ^^^^^*^ ^° ^^ P^^^ ^^ ^^^ Commissioucr of Agriculture shall in
Boa°d;\^ow to ^^^ futurc be paid to the Treasurer of the State, subject to the
be applied. order of the Board of Trustees of the Clemson Agricultural
i89o' XX. ■^706' College of South Carolina ; and so much of the money so re-
§ ^- ^ ceived as shall be necessary to defray the expenses of the Board
in performing the duties now by this Chapter devolved upon
them shall be thus used, and the balance shall go to the said
college, for its erection and maintenance.
lege^^incorpor- ^^^' 1^20. A municipal corporation is hereby created, known
^^^'^- as Clemson College, the limits of which shall consist of all the
9 1 5 -^ *' i^Yi' ^^^ds belonging to the said college and cover all the territory
XXIII., 880. included in a circle formed with the college building as a centre,
with a radius of five miles, thus making the diameter of the
circle ten miles, within which boundaries the jurisdiction of the
Limits. corporation shall extend. No dispensary shall ever be located
at Calhoun.
Police Magis-
trate.
OF SOUTH CAROLINA. 503
• A. D. 1902.
Sec. 1321. I. The Board of Trustees of Clemson College and ^^-^^v""^
their successors in office shall have perpetual control and direct Trustees^ ^ ° ^
the affairs of said corporation.
2. The said Board, by a majority vote, shall have the power,
and it is made their duty, to recommend a suitable person as
Police Magistrate, who shall be commissioned by the Gover-
nor, and who shall exercise all the powers of a Magistrate and
of a City Recorder in punishing offenses against the law, or
against the Ordinances of the said Board of Trustees. But said
Magistrate shall not have jurisdiction in Pickens County.
The said Board of Trustees shall have authority, and it shall
be their duty, to make such rules for the maintenance of order
and provide such punishments, within the jurisdiction of a
Magistrate, by fine or imprisonment, or both, as will keep the
territory within their jurisdiction free from nuisances and en-
force the police regulations of the State.
Sec. 1322. The Board of Trustees of the Clemson Agricul-
tural College are authorized and empowered to make such by- '^''^'^ ^^'^^
laws as they deem proper to license or prohibit the sale of ^gg^- ^jfxi"^'''!!
goods, wares and merchandise of any kind whatever on the
grounds belonging to the said college as are not repugnant to
the laws of the State.
Sec. 1323. That the said Board shall have authority to ap-
point one or more special Constables, who shall exercise all the
Penalties.
Trustees may
license or pro-
Constables.
18 9 4, XXI.,
915.
levied.
lb.
power of a State Constable or of a municipal policeman, to en-
force obedience to its ordinances and to the laws of the State.
Sec. 1324. That nothing contained in Sections 1320, 1321 No tax to be
and 1322 shall give said Board of Trustees the right to levy or
to collect any tax.
Sec. 1325. A report of all their proceedings under this Chap- Annual re-
ter shall be made, annually, by the Board to the General As-erai Assembly.
sembly. s.''-ii^4fi87^;
XVII., 74.
CHAPTER XXVII.
South Carolina Institute for the Education of the Deaf,
Dumb and Blind.
Sec.
1326
1327
Board of Commissioners of.
Duties and powers of the
Board.
1328. Superintendent ; how elected.
1329. Duties and powers of.
1330. Meetings of Board.
Sec.
1331. Report of Boards.
1332. All deaf mutes and blind per-
sons admitted.
1333. Expenses of applicants.
1334. Expenses of pupils.
504 CIVIL CODE
A. D. 1902. ~
^^""^^^^ Section 1326. The Board of Commissioners for the South
Board of Carolina Institution for the Education of the Deaf and Dumb
Commissioners
2^ and the BHnd shall consist of the State Superintendent of Edu-
R%\iT'6- cation, the Chairmen of the Committees on Education of the
7 0 7-^' i^Vi' 2^"^^^ ^^^ House of Representatives, who shall be ex oincio
XXI., 749. members, and two others to be by them appointed, with the
powers and duties hereinafter prescribed. The said Board shall
be allowed actual expenses for not more than two meetings in
each year, to be paid upon warrant of the Comptroller General
out of any funds not otherwise appropriated.
owers"of^the ^®^* 1327. The Board of Commissioners are vested with the
^°^^^- supervision and control of affairs and government of said insti-
R% ^i^g^yitution, with power to regulate salaries of officers and teachers,
1^7 8, XVI., ^Q establish conditions, forms, and regulations for the admis-
sion of pupils therein, and to prescribe such rules and by-laws
as in their judgment shall be necessary for the management and
good government thereof,
s u perinten- gee. 1328. The Superintendent of said institution shall be
dent; now ^
elected. elected by said Board of Commissioners, and shall be the imme-
o*^%-,^;.^°f^' ^- diate executive head of the institution, and shall be responsible
S. 1140; lb. _ _ -^
to the Board of Commissioners.
Duties and gee. 1329. The Superintendent shall nominate all his subor-
powers of. , '- i r i -n j
-— ; — g dinate officers and teachers, subject to the approval of the Board
R. s. 1139; ih. of Commissioners ; he shall be the official medium of communi-
cation between the Board and said subordinate officers and em-
ployees; shall make all regulations of internal police; shall
authorize the purchase of ordinary supplies, and shall examine
and certify to the correctness of all bills of such supplies.
Meetings o f gec. 1330. The Board of Commissioners shall elect a Chair-
'■ man and Secretary from their number, and shall meet annually
G. S. 1057; ^ ......
R. s. 1140, lb. on the first Wednesday in August at the institution, and at such
other times and places as the Chairman of the Board shall
direct. The Board of Commissioners shall receive no compen-
sation for their services.
Reports o £ gec. 1331. The Board of Commissioners shall draw the
'■ annual appropriations as made by the Legislature for the sup-
s. 1141; ihl 'port and maintenance of said institution, and shall annually re-
port to the Legislature a statement of their various acts and
doings during the past year, showing exactly how they disbursed
the money received and expended, and file vouchers covering
the same in the office of the Comptroller General.
Sec. 1332. All deaf mutes and blind of the State who are of
OF SOUTH CAROLINA. 505
A. D. 1902.
proper age and mental capacity (each case to be decided by the
Board of Commissioners) shall be admitted to the benefits of ^ii ^eaf
' mutesand
the institution. blind persons
., admitted.
Sec. 1333. The whole or part of the expenses of the several — ^ g ^^^g.
applicants shall be paid, according to the opinion which the R- S- 11^2; ib.
Commissioners may form as to the pecuniary condition of the Expenses o f
-' '^ ^ •' applicants.
applicants; and in case of more applications than would ex- — — - — — —
haust the annual appropriation, the Commissioners shall make?- s. lus; ib.,
selection according to their opinion of the deserts of the various
applicants.
Sec. 1334. The sum which shall be allowed for the board, Expenses o f
pupils.
tuition and all incidental expenses of one deaf and dumb or—- — —
•^ G. S. 1134;
blind person for one year, shall not exceed one hundred and R- s. 1144; ib.
fifty dollars, not including herein traveling expenses, clothing
and medical attendance, which the Commissioners shall place
upon the most economical scale.
TITLE X.
OF WAYS, BRIDGES, FERRIES, DAMS AND DRAINS,
GENERAL STOCK LAW.
Chapter XXVIII. Of Highways, and of the Repair of High-
ways and Bridges.
Chapter XXIX. Of Water Courses and Cuts.
Chapter XXX. Of Bridges, Turnpikes, and Ferries.
Chapter XXXI. Of the Saluda Mountain Road.
Chapter XXXII. Of Dams and Drains, and Drainage in
Certain Counties.
Chapter XXXIII. General Stock Law and Fencing Stock.
CHAPTER XXVIII.
Of Highways.
Sec.
1335. Navigable streams declared to
be highways.
1336. Width of roads.
1337. Guide boards at cross roads,
&c.
1338. Gates on private roads.
Sec.
1339. Gates on public roads.
1340. Requirements as to construc-
tion of gates.
1341. Ditches and canals across
highways.
5o6
CIVIL CODE
A. D. 1902.
Sec.
1342. Unauthorized diversion of
highways.
1343. Power of Commissioners to
discontinue, change location,
of, or open roads.
1344. Township Commissioners may
exercise like powers in cer-
tain Townships.
1845. County Boards of Commis-
sioners may establish or dis-
continue free ferries.
1846. May enforce performance of
road duty in certain towns
and villages.
1347. Damages may be recovered for
injuries from defective high-
ways.
1848. Tender of damages and costs
before action brought.
1349. Supervision of public roads
and highways.
1350. Township Boards of Commis-
sioners.
1351. Duties and powers of ; high-
way districts.
1352. Highway districts in other
Counties.
1353. Division of highways into
sections ; overseers.
1354. Repairs of highways and
bridges, advertisement for
bids, &c.
1355. Persons liable to road duty,
number of days.
1356. Commutation tax for road
duty.
1357. Special provisions in Marl-
boro County.
1858. Special provisions in Colleton
County.
1859. Special provisions in Pickens
County.
1360. County Board of Commission-
ers may levy road tax.
1861. Special provisions in Bamberg
County.
1362. Special provisions in Marl-
boro County.
1368. Overseers to make lists of
persons liable to road duty.
1864. Persons liable to road duty to
be subject to orders of over-
seers.
1365. Removal of road hands from
one district to another.
1366. Residence of road hands.
1367. Manner of working roads.
1368. Overseers to account for tools,
moneys, &c.
1869. Overseers to turn over prop-
erty to successors.
,• Sec.
I 1370. Foot paths and bridges over
I streams.
J 1371. County to furnish sign boards,
tools, &c.
I 1372. County may hire hands to
j work under overseer.
I 1373. Unlawful to work any but
i public roads.
1374. Obstructions in roads, how re-
I moved.
1375. Liability for damages from
obstructions, &c. ; penalty.
1376. Obstructions by railroad com-
panies, &c.
1377. Drainage of road not to be
obstructed.
1378. Railroad crossings over public
roads.
1379. Contract system of working
roads may be adopted.
1380. Chain gangs may be used on.
1881. Duty of County Boards where
contract system is adopted.
1382. Powers to levy special tax.
1383. List of persons paying road
tax to be furnished by
County Treasurer.
1384. Commutation road tax, how
to be applied.
1385. Special powers of overseers.
1386. County Boards of Commis-
sioners duties with respect
to bridges.
1387. Bridges over waters between
two Counties.
1388. Owners of mill dams and
bridges to keep same in re-
pair.
13S9. Road tax to be apportioned,
&c.
1390. Road tax ; how expended.
1391. Township Commissioners not
to be interested in any con-
tract with Board.
1392. Proceedings by County Board
of Commissioners to obtain
rights of way.
1393. Payment for right of way ;
appeals, &c.
1394. What hands may be ordered
out to open highway.
1395. County Board may employ
surveyor to assist in open-
ing or changing highways,
and levy tax to defray ex-
penses.
1396. Municipal authorities may
purchase land for streets on
petition of freeholders.
OF SOUTH CAROLINA.
Sec.
1397.
1398.
Proceedings in case of re-
fusal to sell or unreasonable
price ; Commissioners ; how
appointed ; duties of ; deed
to be executed ; proceedings
on appeal.
Clerk of Court to execute deed
when owner fails ; deed and
proceedings to be recorded.
Sec.
1399. Meeting of 'owners to appoint
Commissioners ; how called ;
failure to appoint ; effect of.
1400. Service of notice where
owners are infants, lunatics
or non-residents.
1401. Oath of Commissioners.
507
A. D. 1902.
Section 1335. All streams which have been rendered, or can ^ ^^ | ^ J^^l ^^^^^
hereafter be rendered, capable of being navigated by rafts of ^\^^jf^^^yg° ^^
lumber or timber, by the removal thereof of accidental obstruc- q §. 1062;
tions, and all navigable water courses and cuts, are hereby de- f; nolf ^isssi
clared navigable streams, and such streams shall be common ^^^;j'^^°\ | ^^■
highways, and forever free, as well to the inhabitants of this ■^^^•' § ■^•
State as to the citizens of the United States, without any tax or
impost therefor, unless the same be expressly provided for by
the General Assembly; and if any person shall obstruct the
same, otherwise than as hereinafter provided, such person shall
be deemed guilty of a nuisance, and such obstruction may be
abated as other public nuisances are by the laws of this State.
Navigable streams defined in Hejrvvard v. Farmers Mining Co., 42 S. C, 138;
19 S. E., 963; State V. Pacific Guano Co., 22 S. C, 50. The right to erect a
wharf on a navigable stream is a franchise, which can only be obtained from the
State, and any erection without such authority is a nuisance. — State v. Young,
30 S. C, 399; 9 S. E., 355.
Sec. 1336. The road bed of all roads heretofore or hereafter, j-olds.^*^ °^
laid out, shall be not less than sixteen nor more than twenty feet 1900, xxiii.,
wide exclusive of side ditches, roots and other obstructions, ^^^'
unless otherwise ordered by the County Board of Commission-
ers.
This repeals by implication G. S. 1064, R. S. 11 60; 1825, IX., 563. Under
which it was held that the width must be measured from the outer extremities
of fence. No obstruction can be placed nearer the road than half the width. —
State V. Caldwell, 2 Speer, 162.
Sec. 1337. Each road overseer within his district may erect boardf.^ ^'^°'^'^'
and keep up, at the expense of the County, at the forks and q g. i065; r.
cross roads a post and guide-board, or finger-board, containing fgg-^e^-'-'xxn;
an inscription in legible letters directing the way and distance ^^^"
to the town or towns, or public place or places, situated on each
road respectively.
See Criminal Code for penalty for injuring guide boards. ^
Gates on pn-
Sec. 1338. It shall be lawful for any citizen of this State overrate roads.
whose land any road other than a public highway may pass to c^-^gp^'^Vs^'
erect P'ates thereon xil., 40s, § i;
CICCL gaLCb Liicicuii. ^ ^ ^ 1885, XIX., 59.
Sec. 1339. The County Boards of Road Commissioners of
CIVIL CODE
the several Counties, on application to them for the purpose,
iic^hi"h\°^ ^s"^" ^^y allow the erection of gates upon the highways of the State,
G s 1079- R wherever in their judgment the same be expedient and not
v\rT-'-^o^c% }clo' detrimental to the public interest.
XXI., 481. See. 1340. The owner or keeper of any gate which obstructs
as^to^ionstruo ^ highway, either public or private, shall have such gate con-
tion of gates, structcd SO as to afford a roadway between the posts of at least
1885' xix^'^59' ^^^^ ^^^^' ^^^ shall keep the said gate in such repair and con-
dition as to be easily opened and shut, and that the latch or
other fastening will adjust itself on being closed ; and, further,
shall cause to be erected, at convenient distance from such gate
on each side, a suitable hitching post for the convenience of
those traveling in vehicles.
Ditches and gec. 1341. Auv inhabitant of this State is authorized, for the
canals across - '
bi^'^cm-^ FPr Pi^rpose of draining his or her lands, to cut a ditch or ditches,
Tnl* on*^ whit canal or canals, across any public highway in this State ; but he
conditions. shall bridge such ditches or canals under the direction of the
gG-^s^.io69|,R- County Supervisor, and shall keep the same in good repair for
xxi' ^ili ^^^^' ^^^ y^^^> after which time the County Supervisor shall take
charge of such ditches or canals and keep them open and in re-
pair.
The owner of land over which a highway passes may drain or flow his lands
through it in a manner not inconsistent with the public easement. — Baring v.
Heyward, 2 Speer, 553.
Unauthorized Scc. 1342. It shall be the duty of the County Supervisor of
highways; duty the Couuty in which any part of the high road has been diverted
of Commission- . .., , . ,.-., . ,
ers as to. from its Original course without authority of law, on miorma-
G. s. 1070; R. tion of any two persons, to commence a suit against any such
IX., 379' § 3.3; person so offending, in order to compel him, as soon as may be,
1893, XXI., 4S1. ^ , . , f . , 1 • •
to restore, at his own expense, the high road m its course, as
established by law.
Po\yer of gee. 1343. The Countv Board of Commissioners of the sev-
Commissioners ^
to open newgj-al Countics of this State are hereby authorized and em-
roads and to -^ _ .
change location powered, in their discretion, to discontinue any public road,
of roads; now '^ '
lands for may -bi-if^pre or ferry. They may also open new public roads and
be condemned, '^ j ^ j i.
and damages widen or chausfe the location of old public roads where, in their
assessed there- ^ -^ .
for- judgment, such change would be for the material interests of
2 8^6^' "^i^s^oV ^^^ traveling public. They may obtain the right of way by gift
XXII., 288, § 3. or purchase, or they may condemn the land therefor, and assess
the compensation and damages therefor, as hereinafter pro-
vided.
They act as a quasi court. — State v. Kendall, 54 S. C, 192; 32 S. E., 300. And
exercise discretion.— -State v. Com'rs of Roads, 4 McC, 5; 11 Rich., 485. No
notice was necessary for slight alterations under the Act of 1825. — Maddox v.
OF SOUTH CAROLINA. 509
A. D. 1902.
Ware, 2 Bailey, 314; Com'rs. v. Murray, i Rich. L., 335. This section repeals by ^ ■^^ v '^^ ''
implication, and takes the place of G. S. 1071, R. S. 1167, 1171.- — State v. Raborn, *
60 S. C, 86, 99 and 100; 38 S. E., 263, 268. Where road has been abandoned
and discontinued by County Board of Commissioners, mandamus will not issue
requiring them to repair same. — Gilmer v. Hunnicutt, 57 S. C, 166; 35 S. E. 521.
Nor is a Commissioner liable to indictment for not repairing a road discontinued
by the Board. — State v. Boyles, i Bail., 134.
Sec. 1344. In those Counties where the Township Board of commTssloners
,— • • • j_ ji • • ii • j_- to have same
Commissioners exists they may exercise m their respective powers in their
townships the powers conferred by Section 1343 on the County Bridge",^ teds
Board of Commissioners ; and such County and Township ^ — ernes^^ —
Boards of Commissioners shall also have full power and au- 22s, § 1.
thority to appoint where bridges, ferries or fords shall be made,
and to discontinue such fords, ferries and bridges as may be
found useless.
Sec. 1345. The County Boards of Commissioners of the estabiish^^a™^d
several Counties of this State, or the officer or officers upon ferries.'" ^^^
whom the same or similar duties may devolve, are author- isgs, xxii.,
ized and empowered, jointly or separately, to establish and ^^'
maintain such free ferries over the streams of this State, and to
discontinue the same, as in their judgment may seem best.
Sec. 1346. In the event the corporators of any incorporated ^^^^^5^^^°!*"^^^^
town or village in this State refuse or neglect to appoint and 1,"]]^^°^"^ ^""^
organize the officers required by their Act of incorporation, or ^ g ^^^g.' ^^
refuse or neglect to carry out, in good faith, the obligations im- xiii"^*'2k ^^12'
posed by their Act of incorporation, in regard to roads or
streets, the County Commissioners, in whose County such town
or village, or other incorporated body, shall be located, shall be
authorized and required to take charge of all such roads and
streets, together with all such road hands as may reside within
the limits of such incorporation, and require the same perform-
ance of all residents, within such limits, as they are authorized
to do within their Counties generally.
Prior to 1864, the Commissioners had no power over such roads. — Pope v. Com-
missioners, 12 Rich., 407; see also Commissioners v. Durant, 11 Rich., 485.
Sec. 1347. Any person who shall receive bodily injury or from^d^feiftive
damage in his person or property through a defect or in the ^fo n^^against
negligent repair of a highway, causeway, or bridge, may re- County.
cover, in an action against the County, the amount of actual s*^'ii69^-*^^i's74'
damage sustained by him by reason thereof : Provided, Such ^^-^ '^'^^l, ];^^^'
person has not in any way brought about such injury or damage ^^^i^- ^*^''-
by his own act, or negligently contributed thereto. If such de-
fect in any road, causeway, or bridge existed beforcsuch injury
510 CIVIL CODE
A. D. 190-2.
~^~""^-^^" or damage occurred, such damage shall not be recovered by the
person so injured, if his load exceeded the ordinary weight:
Provided, further, That such County shall not be liable unless
such defect was occasioned by its neglect or mismanagement :
Provided, further, That if in any case brought under this section
it is made to appear that before the damage occurred the Super-
visor of such County had been notified in writing, by any citi-
zen, that the highway, causeway or bridge, at or on which the
damage occurred was defective, or needed repair, the burden of
proof as to the negligence of County officials shall be upon the
County to show, either that such defect did not in fact exist, or
that it had been properly repaired, or that a reasonable time had
not elapsed since such notice within which to make such re-
pairs.
The injury must arise from a defect in the highway, not from fright of horse. —
Mason v. Spartanburg Co., 40 S. C, 590; 9 S. E., 15; 42 Am. St. Rep. 887.
Absence of railing not proximate cause of injury resulting from horse taking fright
at a piece of timber lying near, and backing buggj- oflE the bridge. — Brown v.
Laurens Co., 38 S. C, 282; 17 S. E., 21; see also Dunn v. Town of Barnwell,
43 S. C, 398; 21 S. E., 315; Acker v. Anderson Countj% 20 S. C, 494. Absence
of contributory negligence must be alleged in the complaint since the Act of 1892. —
Walker v. Chester County, 40 S. C, 342; 18 S. E., 936. The negligence of plain-
tiff is not governed by the rules as to contributory negligence at common law,
but he cannot recover if the injury v.-as in any way brought about by his negli-
gence, or if he negligently contributed thereto — "contributed" defined. — McFail v.
Barnwell Countj^, 57 S. C, 294: 35 S. E., 562. Claim for damages need not be
presented to County Board of Commissioners before action brought. — Jennings v.
Abbeville Co., 24 S. C, 543; even before the amendment as to negligence on part
of plaintiff, he could not recover if he received the injury through heedlessly dis-
regarding a patent defect, which he knew to be dangerous. — Laney v. Chesterfield
County, 29 S. C, 140; 7 S. E., 56. The right of action does not survive. — ^All v.
Barnwell County, 29 S. C, 161; 7 S. E., 58. The defect must be in a public road
which is a highway and which it is the duty of the County to maintain. — Hill v.
Laurens County, 34 S. C, 141; 13 S. E., 318. This statute does not include in-
juries arising from the use of a defective flat-boat on a ferrj" operated by the
County: a ferry not being a highway within the meaning of the statute. — Chick v.
Xewberry County, zy S. C, 419; 3 S. E., 387. Measure of actual damages. —
Pearson v. Spartanburg Co., 51 S. C, 480; 29 S. E., 193.
Tender of gg(;_ 1348. If before the Commencement of an actiou provided
costs before ac- -t^
tion; effect of fgj- {^ ^]^g preceding Section the Countv Commissioners tender
relusal. jr es . ^
■ g ^^jgg. jj^ to the plaintiff the amount which he might be entitled to re-
S- ,ii™i IS''*' cover, together with all legal costs, and the plaintiff refuse to
XV., 7So. ' & b > i-
accept the same, and does not recover upon subsequent trial a
sum larger than the amount so tendered, the defendant shall
recover costs and the plaintiff be entitled to the results of no
verdict.
Public roads Sec. 1349. All roads, highways and ferries that have been
highways and ^
ferries;' super- laid out Or appointed bv virtue of an Act of the General As-
vision of, &c. i J. .
— — -semblv, or anv order of Court, or bv an order of the Countv
1896, XXIL, " . _ ' 1 • j'
227. Board of Commissioners, are hereby declared to be public roads
OF SOUTH CAROLINA. 511
A. D. 1902.
and ferries, and shall be under the supervision and control of ^^""^-v^^
the County Board of Commissioners and County Supervisor;
except in the Counties of Bamberg, Barnwell, Beaufort, Char-
leston, Cherokee, Chester, Hampton and Kershaw, and in the
last eight named Counties the Township Boards of Commis-
sioners in each township, together with the County Supervisor,
shall have the supervision and control of the public roads in
their respective townships.
Sec. 1350. The Township Boards of Commissioners in each ^Tow^nshiip
of the last eisrht named Counties are bodies incorporate and the Commissioners
c5 ^ incorporated.
Township Boards of Commissioners of such township shall be —
their corporate name. They shall have the right to sue and be
sued, plead and be impleaded, in any of the Courts of this State.
Sec. 1351. In the said eight last mentioned Counties the Tow n s b i p
o Com mission-
Township Board of Commissioners of the several townships pfers; powers
each County, subject to the approval of the County Board of ■^^■
Commissioners or the Supervisor of the County, shall divide
their respective townships into suitable road districts, and make
a record thereof in a book kept for that purpose, and annually
thereafter may make such alterations therein as they may deem
proper, and cause a brief discription thereof to be made on the
township records, and also to furnish each overseer with a de-
scription of his road district. The Township Board of Com- ^
■ ^ -^ _ Over seers;
missioners of each township at their annual meeting, and^ow elected,
•^ . 3iid duties of.
annually thereafter, shall elect from the qualified electors of
their townships liable to road duty one overseer for each road
district, whose term of office shall be two years from the date
of apponitment, and who shall receive such compensation as the
County Board of Commissioners may fix. Such overseer shall
not be compelled to serve more than one term ; and each over-
seer who refuses or neglects to qualify and serve shall forfeit
and pay the sum of ten dollars and costs, or be sentenced to the
County chain gang, suit to be brought by the Township Com-
missioners before the nearest Magistrate. Money so collected
shall go into the road fund of the County, and be credited to
the road district from which it was collected. When any
vacancy shall occur in the office of overseer by death, resigna-
tion or otherwise, the Township Board of Commissioners
wherein such vacancy occurs shall appoint some suitable person
to fill vacancy : Provided, That such overseer may appoint some
suitable person liable to road duty on his road a warner, and
512 CIVIL CODE
A. D. 1902.
'"'"'"^^^■^ such person shall be exempt from road duty for the time he acts
as warner.
Under former Act the warner was not exempt from working on the roads. —
State V. Com'rs, 3 Hill, 314.
dis^rLts!" h o^w ^^^- 13^^- ^^ch township in the other Counties of the State,
constituted. except in Counties where by special legislation it is otherwise
s^'ii9d''-°^i'87l"P^°^^'^^^' shall constitute a highway district.
XVII., 144. Sec. 1353. The Supervisor and County Board of Commis-
Di vision of gJQners of such Counties shall divide the highways in each dis-
higliways into ... o y
sections; over- -j-i-ici- [-^iq suitable scctious of uot Icss tliaii two nor more than
seers of roads,
how appointed; flyc milcs cach, and shall appoint an overseer of roads for each
powers and du- _ _ ' '^ ^
ties of Com- gf said scctions, who may appoint some suitable person liable
missioners. j jt sr r-
s 1084- R ^^ road duty a warner, and such person shall be exempt from
S- 1191; 1S79. road duty for the time he acts as warner. They shall also divide
X V I I., 1 4 4; -' -'
1896, XXII., the persons liable to road duty in each highway district into
convenient and suitable squads or companies, and assign a
squad or company to each overseer of a section, assigning the
road hands as far as practicable to the nearest roads ; they shall
require the overseers of roads to call out the hands assigned to
their respective sections, and work the roads, and repair and
build bridges of same, whenever they may deem it necessary,
after twelve hours' notice; and shall require every road hand
to bring with him for use a hoe, axe, mattox, spade or other
tool for work on the road or bridges. They shall determine the
number of days for each working, and the tools to be brought
by each hand, but not more than twelve days' work are re-
quired of any one hand in a year.
Sub-Commis- The Commissioners of the County of Greenville are hereby
sioner for each _ 1 /-. • •
Town ship in authorizcd and empowered to appoint one sub- Commissioner
Greenville ._, - .-,-
County; his for cach and every township in said County, whose duty it shall
duty and pow- 1 ■, , ,,.,.,. , . . ,
ers. be to overlook the public roads m his township, organize the
^18 91, XX., road hands in proper and convenient squads, and to report the
condition of the roads and bridges in his township to the
County Commissioners of said County on the first day of
March, June and November in each year, and have kept in good
condition all the public roads in said township.
Whenever a highway runs along the line of two highway
districts, the Supervisor shall divide the highway into suitable
sections, and appoint an overseer for each of said sections ; and
they shall assign to such overseers from said districts, or from
either district, such laborers and road hands as may be neces-
sary to work the same. The Supervisor shall cause overseers,
OF SOUTH CAROLINA.
when working- sections in which there are bridges, to have such
repairs or work done on such bridges, to preserve and keep
them in order, as in their opinion are of such character as not to
require to be given out under contract and can conveniently be
done by the road hands.
Unauthorized act of overseer does not estop County. — Hill v. Laurens Co., 34
S. C, 141; 13 S. E., 318.
Sec. 1354. The County Supervisor and County Board of R e p a i rs of
Commissioners shall take charge of and superintend the repair bridges; work
on bridges,
of the highways in the County; the bridges shall be repaired contract for;
11- • • 11 r 1 1 11 1 advertisement
under their supervision, and the expenses of the same shall be for bids, &c.
paid out of the money in the Treasury raised and appropriated 1 8 7 5, xv.,
r 1- A,, , 1 1-1 . , , 990; 1886, XIX.,
for this purpose. All the work on bridges given out by the4So;i893. xxi..
County Supervisor, when the amount shall exceed the sum of
ten dollars, shall be done by contract. When the amount shall
exceed the sum of one hundred dollars, the County Supervisor
is hereby required to advertise the same in at least one of the
papers of the County; said proposal shall in all such cases be
accompanied by two or more sufficient sureties. When the
amount is less than one hundred dollars, and is over ten dollars,
he is hereby required to advertise the same by posting a notice
in three public places, one of which must be at the place where
the work is to be done; said notices to be posted ten (10) days
prior to the day on which work is to be let, and the County
Supervisor shall have the right to reject any or all bids if in his
judgment the interest of the County so requires.
In Colleton County no contract for the repair of any high- q^^^' ^^^i^---
way, causeway, or for the building or repair of any bridge less
than twenty feet in width, shall be given out at the expense of
the County until the hands liable to work upon such highway
shall have labored thereon for six full days in the year in which
such contract is to be awarded, and any contract entered into in
violation of this provision shall be absolutely null and void :
Provided, The County Board of Commissioners may buy at the
expense of the County necessary boards for flooring bridges
built and repaired, also necessary spikes.
The entire amount of money expended by the County Board
of Commissioners for the repair of the highways and causeways
and the repair and building of bridges shall not exceed in any
one year, exclusive of the support of the County chain gang,
the sum of twelve hundred dollars.
As to repairs of highways. — State v. Gregg, 2 Hill, 387; State v. Chappell,. 2
Hill, 391; State v. Dawson, 3 Hill, 100; McKenzie v. Chovin, i McM., 222; State
33-— C.
CIVIL CODE
V. Commissioners, 2 Speer, 492; State v. Huffman, 2 Rich., 617; Commissioners
V. Seabrook, 2 Strob., 560; Commissioners v. Durant, 11 Rich., 440; State v. Hath-
cock, 20 S. C, 422.
to^rolT^iity!^ S^c- 1355. All male persons able to perform the labor herein
G s. 1089; R. required, between the ages of eighteen and fifty-five years, ex-
xv."!"""?!^; 1S81', cept in the Counties of Oconee and Pickens, where the ages
i^s^s.'^xi^x.', shall be between eighteen and fifty years; and except in the
94^'i886f'x^x;; Counties of Greenwood and Chesterfield, where the ages shall
rii sf \ 8^9^6,' be between the ages of eighteen and fifty ; and except in Abbe-
^g-^y^-'-'j^xil'^ ville, Cherokee, Greenville, Orangeburg, Horry, Spartanburg
x^xii.,''"7 3i; ^^d Union Counties, where the ages shall be from twenty-one
1900', "^ xxiiL, to fifty; and also except ministers of the Gospel in actual charge
xxni., 63^9.°'^' o^ a congregation, and persons permanently disabled in the
Students ex- military service of this State, and persons who served in the
^"P^^*^" late War Between the States ; all persons actually employed in
^js98, XXII., ^j^g quarantine service of the State, and all students while
actually attending any of the colleges in this- State; shall be
required annually to perform or cause to be performed labor on
the highways under the directions of the overseer of the road
district in which he shall reside, as follows : in the Counties of
Greenville and Spartanburg, three days. In the Counties of
Abbeville, Aiken, Anderson, Barnwell, Cherokee, Chesterfield,
Fairfield, Greenwood, Kershaw, Lancaster, Laurens, Lexing-
ton, Williamsburg, Darlington and York, four days. In the
County of Florence, five days. In the Counties of Bamberg,
Chester, Clarendon, Colleton, Dorchester, Edgefield, Horry,
Newberry, Oconee, Orangeburg, Saluda and Sumter, six days.
In the Counties of Beaufort, Berkeley, Charleston, Georgetown,
Hampton and IMarion, eight days. And in the County of Rich-
land, ten days. L'nion, two days : Provided, That ten hours'
labor shall be held to be a day's work.
As to ability of person to labor; it was held under the former Act of 1825 that
the insufficiency of his excuse was to be determined by the Board of Road Com-
missioners.— State V. Road Commissioners, 3 Hill, 314. Under the former Acts
the following persons have been held not exempt from road duty: Clerks of Court
(Harrington v. Commissioners, Xewberry District, 2 McC, 400), hands working
on railroads (State v. Commissioners, Cheves, 95; State v. Hathcock, 20 S. C, 419;
47 Am. Rep., 842), persons working on cuts for inland navigation (State v. Com-
missioners, Cheves, 109; Commissioners v. iNIurraj', I Rich., L. 335), postmasters
(State V. Road Commissioners, Cheves, 210).
Commutation Scc. 1356. In lieu of performing or causing to be performed
the labor of ten hours' per dav, as herein named for the several
1900, XXIIL, ^ . . ^ • ' , . , , , ,. , 1
638; R. s. 1197. Counties, a commutation tax may be paid by the person so liable
on or by the first day of February of each year which in the
Counties of Abbeville, Aiken, Anderson, Cherokee, Chester-
field, Clarendon, Darlington, Edgefield, Fairfield, Greenville,
OF SOUTH CAROLINA. 515
— A. D. 1902.
Greenwood, Richland, Spartanburg, Sumter, Marlboro and ^---v-^-^
Union shall be one dollar; in the Counties of Florence and
Laurens one dollar, and in the Counties of Barnwell, Bamberg,
Beaufort, Berkeley, Charleston, Chester, Colleton, Dorchester,
Georgetown, Hampton, Horry, Kershaw, Lancaster, Lexington,
Marion, Newberry, Orangeburg, Saluda, Williamsburg and
York, shall be two dollars ; and in the County of Oconee shall
be three dollars : Provided, Persons liable to labor under this
Chapter shall have the right to furnish a competent substitute
to labor in his stead.
Sec. 1357. All persons liable to road duty shall be, in Marl- ^-^^^^^^^ ^IX
boro County, required annually to perform, or cause to be per- |jO ^s°iabie'V(^r
formed, labor on the public roads and highways of said County, c° ^^mut'atioi;
six days, if so much be required : Provided, That in lieu of per- t^^j ^hen pay-
forming or causing to be performed the labor as herein re- ^^^^ xxiii
quired, a commutation tax of one dollar may be paid by the per- ^^o.
son so liable to the County Treasurer on or before the first
Monday in May of each year, and for that purpose the office
of the County Treasurer of said County shall be kept open on
the first Mondays of January, February, March, April and May
of each and every year.
Sec. 1358. The County Board of Commissioners for the Special p r o-
-^ visions as to
County of Colleton shall order and direct the overseers of the road duty in
■^ Colleton Coun-
various public highways of the said County to summon thety^
hands liable to work upon each of the said highways to labor i9oi, xxiii.,
thereon at such time or times during the year as they may deem
proper and the condition of the said highways may render it
necessary, each of the said overseers being ordered and directed
to summon and require of each of the said hands six full days'
work in each year upon the highway to which he has been as-
signed. It shall be the duty of the said County Board of Com-
missioners to prosecute each of the said overseers failing and
neglecting to carry out the order and direction of the said Board
as aforesaid.
Sec. 1359. In the County of Pickens all persons liable to road Special p r o-
^ '■ visions road
duty as now provided by law shall pay annually on or by the duty and com-
first day of February of each year hereafter a road tax of $2.00. i? Pickens
The County Treasurer of said County is hereby authorized and —
required to collect the same and to give his receipt therefor. 643.
Any person or persons failing or refusing to pay the tax herein
provided for shall be required annually to perform or cause to
be performed five (5) days' labor on the highways under the
5i6 CIVIL CODE
A. D. 1902.
^ / ' direction of the County Board of Commissioners, contractor or
overseer of the road district in which he shall reside.
oftommiSon'^ Scc. 1360. The County Board of Commissioners of any
rold Tax ^^^^ County may cause to be levied a road tax not to exceed one
1901 XXIII. "^^^^ °^^ ^^ taxable property of any township in their County,,
639. when so requested by written petition, signed by two-thirds of
the free-holders of such township, such tax to be collected as
other taxes, and to be expended on the roads and highways of
such townships (except in the County of Pickens, where such
petition shall not be necessary) and in Bamberg and Marlboro
Counties, which are especially provided for in the next two
Sections.
Special pro- ggg^ 1361. In Bamberg County each special school district
visions as to ^ j r
road tax 'ra. xiQSN OX hereafter established shall be "a road district" and the
Bamberg Coun-
^y^ County Board of Commissioners may cause to be levied a road
^^- tax not to exceed two mills on all the taxable property within
said road district, on a petition signed by two-thirds of the free-
hold voters owning property within said road district (except
that in Denmark road district no petition shall be necessary, but
there shall be levied and collected annually a tax of two mills
on all the taxable property within said district) said tax to be
collected as other taxes, and the funds so collected shall be paid
out on the warrant of the Township Commissioners, counter-
signed by the Supervisor of the County, said funds to be ex-
pended on the public roads within said road district where col-
lected.
„ . , Sec. 1362. The County Board of Commissioners are author-
Special pro- -'
road"^ tax^ in ^^^^ ^'^^ required to levy and have collected a special tax of one
Marlboro Co. jj^^H qu all the taxable property of said County of Marlboro,
1901, xxiiL, s^q]^ tax to be collected as other taxes, and, with the commuta-
641.
tion tax aforesaid, be expended by and under the supervision of
the County Supervisor on the public roads, highways and
bridges of said County in such manner as may be deemed most
efficient and expedient by the County Board of Commissioners
of said County.
T. ^ . . Sec. 1363. It shall be the duty of every overseer to make out
Duties or -' -'
°oratorsto fur- ^ ^^^^ °^ ^^ pcrsons liable to road duty. Said overseer is hereby
nish overseers authorized to demand of any person or corporation the name
with names of j r r
employes. pf any and all hands in his, her or its employ; and such em-
2 sT^' ^f gV ployer is required to furnish such names to the overseer, who
xxiii., 7. ' shall then place said list in the hands of the warner, who shall
serve notice, either by seeing the parties personally and giving
OF SOUTH CAROLINA. 517
A. D. 1902.
verbal notice, or leaving written notice at the residence of the ^ v '
party, to order out every such person resident as aforesaid, be-
tween the first day of January and the first day of December,
annually to do and perform the work aforesaid on the public
road to which each person shall be assigned, said assignment to
be on roads near the residence of said party, or any road to be
changed or opened within four miles.
See penalty in Criminal Code for refusal to furnish names to overseer, and to
perform work according to the notice.
Sec. 1364. Every person liable to road duty, who shall have^^^o^^ to^",^^
been duly warned twelve hours before the day fixed in his notice overs"er°*time
for such working, stating the hour and place of working, shall of notice.
be subject to the direction of the overseer in charge, and shall j^ ^-g^- los^:
XXII.
879
in person, or by a suitable substitute who shall not be under the ^^g^| . ^
age of sixteen years, appear at the time and place appointed by^^ii., ^i^^^*;
the overseer at the hour of seven o'clock in the forenoon, and^^^^^^j is99,
shall bring with him such necessary tools and implements used
on a farm as the overseer may direct.
Notice must be personal.^Commissioners v. Kleckley, 4 McC, 463.
Sec. 1365. In case any person shall move from one County onl"c<^uity°tS
to another, or from one township in the same County, or one aft°*^^^oj.idng
district to another in the same township, who has prior to such the road.
removal performed the whole or any part of the labor afore- ^g^^^^^' ^^^^■'
said, or in any other way has paid the whole or any part of the
amount aforesaid in lieu of such labor, and shall produce a cer-
tificate of the same from the overseer of the proper district,
such certificate shall be a complete discharge of the amount
therein specified.
Sec. 1366. For the purpose of this Chapter, the residence oi ^^^^f^^^^'^^'
any person who has a family shall be held to be where his igge, xxii.,
family resides, and the residence of any other person shall be^^^-
held to be where he boards or may be found. All tramps or per-
sons not having any visible means of obtaining a livelihood shall
be subject to road duty.
Sec. 1367. It shall be the duty of each and every overseer to gjja?i°b^ worked
work the roads under his charge thoroughly as he goes, arching igge, xxii.,
the same to the centre, with drain on each side to convey the xxiii.,'^ Iss!^ '
water, and when necessary to protect such drains from washing
by placing in stone, gravel or other substance; whenever it is
necessary to convey water to or to provide for it to cross any
road, he shall have the drains across such road laid in stone,
gravel or other hard substance, when such material is con-
veniently obtainable, and of such width as to afford an easy
CIVIL CODE
crossing where a bridge may not be necessary ; and he shall pro-
tect the roads by suitable drains from interference by cultiva-
tion or otherwise ; he shall open, or cause to be opened, all pub-
lic roads or highways which have been or may hereafter be laid
out and established in his road district, and keep them in repair,
and remove or cause to be removed, all obstructions that may
from time to time be found therein; for which purpose he is
hereby authorized to enter upon any uncultivated lands, or im-
proved lands unincumbered by crops, near to or adjoining such
road, to cut and carry away timber, except trees or groves on
improved lands planted or left for ornament or shade; and to
dig, or cause to be dug and carried away, any earth, gravel,
sand or stone which may be necessary to make, improve or re-
pair said roads, for which compensation shall be made; and to
enter on any lands adjoining or lying near the road to make
such drains or ditches through the same as he may deem neces-
sary for the benefit of the roads, doing as little injury to said
lands and improvements thereon and timber as the nature of the
case and the public good will permit ; and the drains and ditches
so made shall be kept open by such overseer, and shall not be
obstructed by the owner or occupant of such lands, or any other
person or persons having the same in charge.
See Criminal Code for penalty for obstruction. As to ornamental or shade
trees. — Eaves v. Terry, 4 McC, 125.
accounr^'^f o^r Sgc. 1368. Evcry overseer is hereby required to account to
the^^iabor per^ ^hc Board of Township Commissioners in those Counties where
formed, &c. ,.^^|^ Boards cxist, and in the other County to the County
232f^§9.'^^'''''''' Board of Commissioners, at their annual settlement of all tools
received, material used or funds expended, under oath, under
this Chapter, and they shall also return a full and true list and
statement of the names of all persons within their respective dis-
tricts who have been ordered out to perform the labor as requir-
ed by this Chapter, and after each working to note the hours
actually worked, work each hand does, and he shall make and
furnish a list to the said Board of those who have refused or
neglected to perform the same, and shall by oath attest the
correctness of each list so kept ; and all fines and forfeitures
used for and recovered under the provisions of this Chapter
shall be paid over on demand by the Magistrate or Constable
collecting the same to the County Treasurer wherein such fines
or forfeiture accrued; and the several overseers shall also ren-
der an account to the said Board at the annual settlement of all
OF SOUTH CAROLINA.
moneys expended and all property remaining in their hands at
the time of the settlement, also all judgments that remain un-
paid, and the name of the judgment debtor, and Magistrate
before whom such judgments were obtained, and the amounts
thereof; and the Township Board of Commissioners or County
Board of Commissioners, as the case may be, shall make such
order as to the prosecution of the suits by the overseer of the
proper district against such delinquents as in the judgment of
such Board the interest of the Township may require.
Sec. 1369. All property that may remain in the hands of the tura^^OTe" aU
overseer at the time of the annual settlement with the Township their ^^"succes^
or Countv Board of Commissioners shall be turned over to his !^'
successor in office as soon as such successor shall be elected and ^'
qualified, taking a receipt therefor, and deposit said receipt with
the said Board. It shall be lawful for any overseer to sue out
executions on any judgment that remains unpaid when his
proper district at any time when, in his opinion, the same can
be collected, and the moneys so recovered and collected shall be
paid over to County Treasurer as provided in the foregoing
Section by the Magistrate so collecting.
Sec. 1370. The County Supervisor of Roads and Highways ^ ^^oot ^^paths
within the County is hereby authorized to have the overseer to over streams.
construct footpaths or bridges over streams, swamps, marshes, -^^•
and along the highways of his County.
Sec. 1371. The County Board of Commissioners are hereby^ ^^'soard^^of
authorized to furnish sign-boards, ploughs, scrapers or other Co^^^^^^'o^Fs
tools for the use of the several districts, at their discretion, to ^°^ ^^^ ^°^'^^-
be paid out of any moneys in the County Treasury not other- ^^■
wise appropriated, and turn the same over to Chairman of the
Township Board of Commissioners in those Counties where
such Boards exist ; and in the other Counties to the overseers
and take receipts therefor.
The Township Boards of Commissioners and the County
Board of Commissioners shall take a receipt from each over-
seer for such implements as they may deliver to him, showing
the number, kind and condition thereof, and such overseer shall
be liable for any injury or damage that may result to such im-
plements, or to any of them, by improper use thereof, or by un-
necessary exposure to the weather, during the time the same
may be in his possession ; and he shall, on the first Thursday of
February annually return the same to said Board of Commis-
sioners. The amount for which overseers may be liable for
,#•■
CIVIL CODE
such improper use or neglect may be recovered by action in the
name of the Township Board of Commissioners, or the County
Board of Commissioners, and the use of such tools for any other
purpose's than those for which they were furnished is pro-
hibited.
For penalty for violation, see Criminal Code.
County Board gee. 1372. The County Board of Commissioners in the sev-
of Commission- -'
roads™\vorke? ^^^^ Countics may, in their discretion, authorize and require the
1896 XXII County Supervisors to hire and employ overseers and laborers
xxn 509 ^ "' ■'^po^ the public highways, under control of overseers, at such
compensation as the Board may determine, except in the County
of Fairfield. Commutation taxes and such other fund as may
be applicable to highways may be used in payment of such
work.
woYk^^'^y^^but ^®^- 1373. It shall be unlawful for any overseer to perform
public roads, qj- ^^use labor to be performed on any road not regularly laid
^^896, xxii., Q^^ ^^^ established by law.
For penalty for neglect or misfeasance on part of overseers, see Criminal Code.
in^roadr^how ^^^- ^^'^^- At any time during the year, when any public
removed. highwav shall be obstructed, it shall be the duty of the over-
•^^- seer of the district in which the same may be forthwith to cause
such obstruction to be removed, for which* purposes he shall
immediately order out such persons liable to do work upon the
public highways of his road district as he may deem necessary
to remove such obstructions. If the person or persons thus
called out shall have performed the number of days' labor for
which they are liable at law, upon the public highways, the
overseer shall give to such person or persons a certificate for
the amount of labor performed, and said certificate shall apply
on the labor that may be due for such person or persons for the
ensuing year.
This Section repeals and takes the place of G. S. io86; R. S. 1193.
^jO'^j^s^ractions Sec. 1375. If any person or persons, corporation or any con-
^^^^^- ductor of any train of railroad cars, or any other agent or ser-
ib. vant of any railroad company, shall obstruct unnecessarily
any public road or highway, by permitting any railroad car
or cars or locomotive to remain upon or across any street,
public road or highway for a longer period than five minutes,
after notice to remove said cars has been given to conductor,
engineer, agent or such other person in charge of said train, or
shall permit any timber, wood or other obstructions to remain
upon or across any such street, road or highway to the hind-
rance or inconvenience of travelers, or any person or persons
OF SOUTH CAROLINA. 521
A. D. 1902.
passing along or upon such street, road, or highway, every per- >— -v-»i-^
son or corporation so offending shall forfeit and pay for every
such offense any sum not exceeding twenty nor less than five
dollars, and shall be liable for all damages arising to any per-
son from such obstruction or injury to such road or highway,
to be recovered by an action at the suit of the Township or
County Board of Commissioners in the Township or County
where such offense shall have been committed, or any person
suing for the same, before any Magistrate within the County
where such offense shall have been committed, or by indict-
ment in the Court of General Sessions, or suit in the Court of
Common Pleas. And all fines so accruing under the provisions
of this Section, when collected, shall be paid over by the Magis-
trate to the County Treasurer for the district in which such of-
fense was committed. And every twenty-four hours such cor-
poration, person or persons, as aforesaid, after being notified,
shall suffer such obstructions, to the hindrance or inconvenience
of travelers or any person going along or upon such road or
highway, shall be deemed an additional offense against the pro-
visions of this Section.
A similar statute, 1894, XXI., 954, Sec. 23, in reference to highways in Barn-
well County, was held not to authorize an action in the Court of Common Pleas
by a traveler for damages on account of injury from the obstruction. — Woodward
V. S. C. & G. R. R. Co., 47 S. C, 233; 25 S. E., 149.
Sec. 1376. Every railroad company or other corporation, QfO^J'y^t^j.^?/;°^|
the servant or servants, agent or agents, employe or employes, thefr°''^^igent°s';
of which shall in any manner obstruct any street, public road ^"''^ pumshed.
or highway shall be liable to pay all fines which may be assessed ■^^•
against such servant or servants, agent or agents, employe or
employes, for so obstructing any such street, public road or
highway, and such liability may be enforced by execution
against said railroad company or other corporation on the
judgment rendered against such servant or servants, agent or
agents, employe or employes, for so obstructing such street,
public road or highway.
Sec. 1377. It shall be unlawful for any railroad company to Drainage o f
,,. 1-1 1 .public road
obstruct the drainage of any public road or highway by its not to be ob-
roadbed or otherwise, or empty the water from its ditches into
any public road or highway, to the injury of said highway; and
if any railroad company, being warned by the overseer of the
proper district by leaving a written notice with any agent, or
informing any station agent of said railroad company person-
ally, shall refuse or neglect to remedy the same to the accept-
Ib.
CIVIL CODE
ance of the overseer, shall forfeit and pay any sum not exceed-
ing fifty nor less than twenty dollars, to be recovered by an
action at the suit of the Township or County Board of Com-
missioners before any Magistrate ; and every ten days such rail-
road company, after being notified, shall neglect or refuse to
remedy such offense shall be deemed an additional offense
against the provisions of this Section; and the money so col-
lected shall be paid by the i\Iagistrate so collecting to the
County Treasurer, and the money so paid over shall become a
part of the County road fund.
se?rf as°to°ran- Scc. 1378. It shall be the further duty of such overseer to
road crossings, ^ausc cach railroad company to construct and keep in good re-
^'^- pair the road bed of all public roads across the road bed of said
railroad company ; and if any railroad company, being duly
warned by the overseer of the proper district, by leaving a writ-
ten notice with any station agent, or by informing any station
agent of said railroad company personally, shall neglect or re-
fuse to construct or repair such road bed to the acceptance of
the overseer, shall forfeit any sum not exceeding fifty nor less
than thirty dollars, to be recovered by an action at the suit of
the Township or County Board of Commissioners before a
^Magistrate of the County, and the money so collected shall be
paid by the ^Magistrate collecting to the County Treasurer, and
the money so paid over shall become a part of the County road
fund ; and every five days such railroad company, after being
duly notified, shall neglect or refuse to construct or repair said
road, shall be deemed an additional offense against the provis-
ions of this Section,
tem'^of woridng Scc. 1379. The County Board of Commissioners may, if they
adopted™^^ ^ deem it more conducive to the welfare of their County, instead
1893, XXI., of working the roads by the system provided in the preceding
685.' ' ' ■ ■ Sections of this Chapter, may work and maintain their highways
by the use of the convicts on the County chain gang or by the
contract system as set forth in Sections 1381, 1382 and 1383.
1396, xxil.; Sec. 1380. The County Board of Commissioners are hereby
xxiii., 642. ' authorized to work the highways in their Counties, or any part
thereof, by chain gang, without regard to the system or systems
used in other portions of their Counties. Or in Colleton County
they may at their discretion hire the County chain gang to any
reliable person or corporation, the money realized to be a part
of the road fund.
Sec. 1381. If the County Board of Commissioners conclude
OF SOUTH CAROLINA.
to adopt the contract system for working, maintaining and
operating the several sections of highways, roads, bridges and ,„^"p °^ ^°™f
ferries in the several Townships in their respective Counties, or '=°"*':^<=*. ^/j"
tr r ' tern is adopted.
any part thereof, the County Supervisor, as soon as practicable ^^g^ ^^^-^
thereafter, may advertise in the newspaper published in the-^'^-
County, once a week for three weeks, and by notices posted in
two or more conspicuous places in the several townships, or the
township to be worked by the contract system, for bids from
responsible persons for the performance of the work as above jj^g^g ^ ^ ^
set forth, and shall furnish specifications of all such work or ^o'^^'^^'^y *''^
' ^ contract s y s-
contracts as have been advertised. Any and all bids made shall '«"'• ^^■
be in writing, sealed, and addressed to the County Supervisor,
and by him opened in the presence of and submitted to the
County Board of Commissioners, and it shall be the duty of said
Board to accept the lowest bid made by a responsible person or
party : Provided, The County Board of Commissioners shall
have power to reject any and all bids ; and said Board is hereby
empowered to hire overseers and laborers, and have the work
performed as in its judgment may be most expedient and for
the best interest of the County : Provided, further, That the
County Supervisors of the Counties of this State are hereby
authorized and empowered to arrange to work the roads of
their respective Counties with the convicts of their several
Counties, or to lease to or from the County Board of Commis-
sioners of any County, upon such terms as may be agreed upon
by the respective County Board of Commissioners, any con-
victs sentenced to perform hard labor upon the public works of
any County, and said convicts may be worked upon the roads,
highways, bridges or other public works of the County where
convicted, or of the County to which they have been leased.
Sec. 1382. In those Counties in which the contract system of ,,p°7^^^ °i
-' County Board
working the roads shall be adopted the County Board of Com- 1? levy a spe-
missioners of said Counties be, and they are hereby, authorized roads.
to levy annually a sum not exceeding one mill on all the taxable
property of the respective Counties, which shall constitute a
part of the County road fund, to be expended by the said Board
in the same manner as is provided by law for the use and ex-
penditure of the commutation tax in lieu of road duty; and
such tax shall be collected at the same time and in the same
manner as is provided by law for the collection of taxes levied
for ordinary County purposes : Provided, That the provisions
of this Section shall not apply to Orangeburg County.
524 CIVIL CODE '
A. D. 1902.
'» - y —^ For commutation road tax, see Sec. 1356, ante, which repeals by implication Sec.
27 of the Act of 1896, XXII., 238.
List of road Scc. 1383. The County Treasurer of said Counties shall fur-
hands, h y .
whom and to nish the Countv Supervisor of their respective Counties a
whom furnish- . . . '
ed. list containing the names of all persons who have paid their
lb. commutation tax, and the Chairman of the Township Boards
of Commissioners shall also prepare and furnish to the Super-
visors a list of all persons liable to road duty in their respective
townships ; and the said Supervisor shall check off the names
of all such persons reported on the list of the County Treas-
urers as having paid their commutation tax; and all persons
whose names shall remain on the list so checked shall be re-
quired to perform road duty, not exceeding in the aggregate
four days, and shall be assigned to such duty by the County
Supervisors under one of the contractors in the township hav-
ing under control the section or sections nearest the residence
of such person or persons. It shall be the duty of the contrac-
tor of any section to receive such person or persons so assigned
to him by the County Supervisor, and he shall allow to the
County Board of Commissioners such sum per diem for the
labor of an}- such person or persons as may be agreed upon by
contractors and the County Board of Commissioners, and said
sum shall be credited upon the amount due or to become due
said contractor by the said Board as hereinbefore provided.
See Criminal Code for penalty for refusing to work under contractor.
Moneys paid Scc. 1384. All moncys paid into the County Treasury in com-
Treasurer for .
CO mmutation; mutation of work on the public roads shall be kept separate and
how to be kept _;
and how ap- apart f rom the general County fund, and, except as otherwise
r hereinbefore directed, shall be exclusively applied by the
1880', xix.,417; County Supervisor to repairing the highways and bridges of the
941; 1893,'xxi" County, by contract or otherwise, as may be deemed most ex-
481.
pedient ; but said moneys must be expended upon those sections
of the public roads whereon the person paying such commuta-
tion tax may be liable for road duty. The County Supervisor of
Marion County is authorized to use for other County purposes
than repairs of highways any balance of the road commutation
tax remaining in the County Treasurer's hands on the first day
of January in each year.
Special pow- Scc. 1385. The overseers in their respective districts shall
ers of over-
seers, have full power to cut down and use any timber, wood, earth or
G. s. 1092; R. stouc in Or near the road, bridges, or causewavs, for the purpose
S. 1200; 1874, ' & > ^ ' . .
XV., 786, § 10. of repairing the same, as to them shall seem necessary, making
just compensation therefor, if demanded. They shall not
OF SOUTH CAROLINA. 525
^ A. D. 1902.
authorize the cutting down of any timber trees reserved by the ^ v '
owner in clearing his land, or planted for the purpose of shade
or ornament, either in the fields, around the springs, or about
the dwelling houses or appurtenances, nor the cutting down of
any rail timber when other timber may be procured at or near
the place, or take stone or earth from within the grounds of any
person enclosed for cultivation, without the consent of the
owner of the same.
Eaves v. Terry, 4 McC, 125; State v. Dawson, Riley, 103; Baring v. Hey ward,
2 Speer, 553.
Sec. 1386. The County Boards of Commissioners in this county c o m-
State are hereby authorized and empowered to have special respect to
supervision of the building of new bridges over the rivers and '■
, ri-o ir. J • • rij G. S. 109i;R.
creeks of this State; also of extra and expensive repairs of olds. 1202; ih., §
bridges. When such work is to be accomplished, the Commis-
sioner shall give fifteen days' notice in the County paper, and in
writing duly posted in the neighborhood in which such work is
to be performed, giving notice that the Commissioner of the
section in which such work is to be performed will be at such
a place on such a day and hour, with suitable specifications to
let out such work to the lowest bidder, and to take, from the
successful bidder, sufficient bond for the faithful performance
of his duty. When the work is done, it shall be inspected by the
commissioner letting it out, whose duty it shall be to report the
result of his investigation to the full Board, who shall accept or
reject the same according as they may determine whether or
not the constructor has or has not complied with the terms of
his contract.
See Maddox v. Ware, 2 Bail., 314; Commissioners v. Blake, s Rich., 241; Austin
V. Simpson, Cheves, 180.
Sec. 1387. If any bridge over waters of this State which Bridges over
-' ° waters between
constitute a boundary line between Counties shall be necessary two counties.
to be erected or repaired, it shall be the duty of the Commis- g. s. 1094; r.
sioners of such Counties to cause the same to be erected or re-
paired in the manner aforesaid, each County bearing an equal
share of the expense so incurred. And when any such bridge
already exists, or shall hereafter be built, it shall be the duty of
said Commissioners to divide the same, by measurement from
the centre; and each Board shall be responsible for the good
condition of the half next adjoining the County in which they
exercise the functions of office. And when it becomes necessary
to build a new bridge, or to entirely replace an old one which
526 CIVIL CODE
A. D. 1902.
^- •'"■"^ has been carried away or destroyed, it shall be the duty of the
Boards of the two Counties to do the same as aforesaid.
mm'damVand Scc. 1388. It shall be the duty of all owners of mill dams and
keep^ln fepkin bridges in connection therewith, over which any public highway
G. s. 1095; R. shall pass, to keep the same in good repair, and no County shall
s. 1204. jjg responsible for repairs upon the same except that the Super-
intendents of Highways may have said dams and bridges re-
paired in the ordinary way of repairing highways and bridges,
if, in the opinion of the County Commissioners, such ordinary
repairs be just.
be apportionecL Scc. 1389. The Couuty Board of Commissioners of the sev-
1897, XXII., eral Counties of the State where there is a special levy on real
^^' and personal property for road purposes, not later than the first
of March in each year, shall apportion the road fund derived
from said special levy to each Township upon an equitable basis.
expended." ^ Scc. 1390. The road fund -so apportioned shall be expended
1S98, XXII., in doing all necessary work upon the public highways and in
' ■ opening new roads when directed, and in building and in keep-
ing in repair all bridges that do not exceed twelve feet in length,
by the road overseers, under the direction of the Township
Board of Commissioners, subject to the general supervision and
approval of the County Board of Commissioners : Provided,
however, That the Board of County Commissioners shall not
enter into any contract for the expenditure of more than four-
fifths of their apportionment before the first of the last quarter
of the fiscal year : Provided, further. That any contract entered
into by the Board of County Commissioners in excess of the ap-
portionment shall be void : Provided, further. That the provis-
cep t°ed" '^^ ^^'ions of Sectious 1389 and 1390 shall not apply to the Counties
of Abbeville, Anderson, Fairfield, Florence, Chester, Kershaw,
Orangeburg, Spartanburg, Richland, Lexington, Darlington,
Sumter and York: Provided, further. That no funds shall be
disbursed under the provisions of said Sections except at the
written request of the Board of Township Commissioners,
specifying the amount and purpose.
No township Sec. 1391. No Township Commissioner shall be directly or
to °be"interest- indirectly interested in any contract pertaining to his duty as
ed in any con- ,-r, , . ,-. . .
tract pertain- i OWUShip CommiSSlOUCr.
mgto IS uty. g^^^ 1392. Whenever the County Board of Commissioners
1897 XXII
421. ' " shall require a right of way over lands for the purposes men-
tioned in Section i343, they shall give five days' notice, in
writing, to the owner of the land over which such right of way
OF SOUTH CAROLINA.
is required, of their intention to condemn and establish such
right of way, and of the time and place when and where the ^.^^^^^^'j^^'^^"!®
compensation and damages therefor will be assessed. If the °| ^^yj!.|f ^^^^"^j?
owner of such land be a non-resident of the County, the notice |"^ and decis-
may be served upon his agent or tenant, or any other person in igge xxii
•possession thereof. If there be no agent, tenant or other person xxili^We'^^^'
in possession, the notice may be served by depositing it in the
postoffice, postage prepaid, directed to the owner at his last
known place of residence. For the purposes of this Section the
guardians of infants, the committees of idiots or other persons
non compos mentis, and trustees shall be deemed to be owners
of the lands of their wards cestuis que trustent. In case an in-
fant owner has no guardian, or an idiot or other person non
compos mentis has no committee, service may be made upon the
person with whom they severally reside, and upon the Probate
Judge of the County, who shall appoint guardians ad litem to
appear and represent them. In case the interests of any guar-
dian or committee shall be opposed to those of his ward, a
guardian ad litem shall be appointed by the Probate Judge, who
shall have authority to appear and represent such ward. No
member of the Board who is personally interested or who is
related by blood or marriage within the sixth degree to any per-
son claiming compensation and damages, shall serve while the
case of such person is under consideration. The places of dis-
qualified members of the Board shall be filled pro tempore by
appointment to be made by the Clerk of the Court. All persons
interested shall have the right to introduce testimony and to be
heard in argument upon the matter of compensation in dam-
ages. After hearing the evidence and arguments, the Board
shall render its decision by resolution, which shall be recorded
in its minutes.
See Sec. 1343, ante, as to power to open and discontinue roads, or change location
of same. This repeals R. S. 1171, 1172, State v. Raborn, 60 S. C, 86, 100; 38
S. E., 263, 268. ' Similar condemnation proceeding held constitutional in Gilmer
V. Hunnicutt, 57 S. C, 166; 35 S. E., 521. The statutory mode for obtaining the
right of way must be followed. — York Co. v. Fewell, 21 S. C, 106. The presump-
tion is that it has been followed where the road has been opened. — Commissioners
V. Murray, i Rich., L. 335. The proceedings cannot be collaterally attacked for
irregularities.- — State v. Kendall, 54 S. C, 192; 32 S. E., 300; though they may
be for want of jurisdiction. lb.
Sec. 1393. Upon the resolution of the Board fixing the ^jjf ^^f *J°^
amount of the compensation and damages in any case, a war- ^pp^^'' ^'^•
rant may be drawn on the County Treasurer for the amount
so fixed, and the Treasurer shall pay the same out of any funds
in his hands applicable to such purposes. Any person inter-
CIVIL CODE
ested may appeal to the Court of Common Pleas from the de-
cision of the Board : Provided, The notice and grounds of ap-
peal be served upon the Supervisor of the County and filed with
the Clerk of said Court within ten days after the decision of the
Board. The Clerk shall docket such appeal on Calendar No. i,
and they shall be heard in said Court de novo before a jury,
unless the right to jury trial be waived, as in other cases pro-
vided by law. Such appeals may be called up for trial out of
their order by either party. The verdict of the jury in such
cases shall be final, unless set aside for the reasons for which
verdicts may be set aside in other cases, or unless the judgment
of the Court thereupon be reversed for error of law, on ap-
peal to the Supreme Court. After tender of the amount found
by the Board for compensation and damages, the pending of an
appeal, either in the Circuit or the Supreme Court, shall not
operate to stay the opening, widening or changing the location
of such roads, but the acceptance of the amount tendered shall
operate as an abandonment of the appeal. In case the amount
tendered be refused, it shall be deposited with the Clerk of the
Court for the owner, and the Clerk shall give his official re-
ceipt therefor, and shall pay the same to the owner on demand
and take his receipt therefor. Unless the appellant shall recover
on the appeal, in which he shall be the actor, more than the
amount fixed by the Board, he shall pay the costs and disburse-
ments of the appeal, and judgment may be entered against him
therefor. In assessing compensation and damages for rights of
way, only the actual value of the land to be taken therefor and
any special damages resulting therefrom shall be considered,
and due allowance shall be made for any special benefit which
may accrue therefrom to the owner, including the value of the
old road, if the same revert to such owner.
Sections 1392 and 1393 are in lieu of Sections 1171, 1172 and 1173 in Revised
Statutes of 1893 on the same subject.
may be onfer- Scc. 1394. The County Supervisor is hereby empowered to
highway .° °^^^ Order out all hands liable to road duty residing within three
R. s. n74; miles of the line of the proposed highway and require them to
* " ■' ■ open and establish such in the same manner as they are re-
quired to work upon and repair the common highways.
That road will affect constitutional rights of land owners, who raise no objection,
is no defence to road hands refusing to obey. — State v. Brown, 14 S. C, 380.
Surveyorric.^ Scc. 1395. In Opening a road or changing the location of an
R. s. n7i; old road the County Board of Commissioners shall have power
2 2 7- 1 9 0 0 to call to their assistance a surveyor who shall survey and lay
XXIII., 286.
OF SOUTH CAROLINA. 529
A. D. 1902.
off such road under their direction, so that the grade shall not ^ ^ '
exceed seven and a half inches to the rod, and the Board is em-
powered to levy such tax as may be necessary to defray the ex-
penses of surveying, changing the location of, and opening
highways.
The provisions in reference to condemnation of private ways, G. S. 1077-1082,
R. S. 1175-1180, are omitted as unconstitutional. Beaudrot v. Murphy, 53 S. C,
118; 30 S. E., 82s, distinguishing the provisions of the Constitution of 1895 from
those of 1868, considered in State v. Stackhouse, 14 S. C, 417.
Sec. 1396. Whenever the Mayor and Aldermen of any city .i^ugp^ f;
or the Intendant and Wardens of any town in this State shall ^^^^<=Jj.^j.^«gtsI^Sn
think it expedient to widen, open, lay out, extend or establish P^|gtij^t/^^j.g °^
any street, alley, road, court or lane, they shall have power to j^ g. iisi;
purchase the lot, lots or parts of lots of land necessary for such^g^'g^^'^-^^^-'
street, alley, lane, road or court, and the fee simple of said land
shall be vested in said city or town for the use of the public
from the day of the deed of sale: Provided, That in incorpo-
rated towns a petition signed by a majority of the owners of real
estate therein sha'll first be submitted to the Intendant and
Wardens, praying them to widen, open, lay out, extend or estab-
lish such street, alley, lane, road or court ; but this proviso shall
not apply to incorporated cities.
Commissioners v. Taylor, 2 Bay, 282; McKenna v. Commissioners, Harp., 381;
Commissioners v. Durant, 11 Rich., 440; Pope v. Commissioners, 12 Rich., 407.
Sec. 1397. In case any owner or owners of said lot or lots of j^ case^of'"?
land as aforesaid shall refuse to sell the same, or shall demand f^^ai to^seii^°^
what may be deemed by the said authorities an unreasonable R^ce^^Commis-
price, then the said authorities shall nominate and appoint six I^^jP^" j^" ^te^
freeholders, resident in said city or town, who shall meet an equal ^ be executed.
number to be named and appointed on the part of the owner or ^^^- ^s. U82-
owners, to determine and fix upon the true and real value of §2.
such land, and any damage thereto by reason of the opening,
widening or extension of such highway ; due regard being had,
in assessing such damages, to any increased value of such lot,
lots or parts of lots, by reason of the opening, widening or ex-
tension of such highway ; with full power in the Commissioners
appointed as aforesaid, in case of disagreement, to call in one
other Commissioner. And on the payment of the full value of
said lot or lots, or parts of lots, and such special damages afore-
said, ascertained and determined on in the manner above pro-
vided, the fee simple of the said lot, lots or parts of lots shall be
vested in such city or town for the use of the public, and the
said owner shall execute his deed, without warranty, therefor
accordingly to said city or town.
34-— C.
530 CIVIL CODE
A. D. 1902.
'"""^^■'''"■"^ In case any owner shall be dissatisfied with the valuation of
owner-^p^o^^^^ ^°^ °^ ^*^^^' ^^ s'^^ch Special damages aforesaid, it shall and
ceedings on. ^^^y ^q lawful for such owncr to appeal from the same upon
lb. giving notice of such appeal to the Mayor and Aldermen, or
Intendant and Wardens, of such city or town, within ten days
from the time of his receiving a notification of such valuation
and assessment of damages, to the Court of Common Pleas for
the County in which said lands may be, at the next session
therafter; and the said Court shall order a new valuation and
assessment of damages, or either, in such particular case, to be
made by a jury, who shall be charged therewith in the same or
some subsequent term, and their verdict shall be final and con-
clusive unless a new trial be granted; and after final judgment
in such case the fee simple of said lot or lots, or parts of lots,
shall be vested in such city or towm, upon the payment, or tender
of payment, of the amount of such valuation and damages, and
the said owner shall thereupon execute his quit-claim deed
therefor accordingly to said city or town.
Clerk of Sec. 1398. In all cases where under the last preceding Section
Court to exe- ^ _ _ '^
cute deed when |-]-ig owner is required to execute his deed to said city or town,
owner fails ; -*■ -^
deeds and pro- ^nd shall fail or neglect so to do, then the Clerk of the Court of
ceedmgs to be °
recorded. Common Plcas for the County in which said city or town is
R. s. U84; situated shall on behalf of said owner execute a deed without
lb.
warranty therefor to said city or town, which said deed shall
as effectually bind said owner and his or her heirs and assigns
as though executed by said owner. And said deed and all pro-
ceedings had in such matter, except proceedings in Court, shall
be recorded by the Register of Mesne Conveyances of said
County in the books wherein conveyances of real estate in said
County are required by law to be recorded.
M e e ting of gec. 1398. The Mayor or Intendant of such city or town shall
owners to ap- ^ -^
point Commis- call a meeting of the said owners at some proper time and place
sioners ; h o w «= ^ ^
called; failure i^y i\-^q. gervicc of a notice, as summons are now required by law
to appoint, ef- -^ -^ .
feet of. to be served, and the owners attending such meeting or their
R- S. 1185; proxies, or a majority of them, shall appoint the Commissioners
in their behalf mentioned in Section 1397; and in case the
owners at said meeting or adjournment thereof, within ten days
shall neglect or refuse to appoijit Commissioners, then the Com-
missioners appointed by said city or town on their behalf, or a
majority of them, shall be, and they are hereby, authorized to
proceed to the discharge of the duties herein prescribed, and
OF SOUTH CAROLINA.
their judgment in the matter shall be final and conclusive, ex-
cept in the case of appeal as above prescribed.
Sec. 1400. When the owner, or any one of several owners, of ^^^^^ "^ ^^heA
the lands is an infant or non compos mentis, the required notice f^"s"iunatics'
shall be served personally upon the trustee, guardian, or com- °^^^^^ ° ^'^ ^ ^'"
mittee of such person, and personally on such owner; and if ^^ s~li86^
there be no such trustee, guardian or committee, the Clerk of ^^^ '^^^' §*•
the Court of Common Pleas shall have power, and is hereby
authorized, to appoint for such person a guardian ad litem, upon
whom the service shall be made, and who shall represent the
interest of such infant or person non compos mentis. Said Clerk
shall pursue in all respects the mode now provided by law for
the appointment of guardians ad litem for infants and persons
non compos mentis. If any owner of the lands shall reside be-
yond the State, or his or her place of residence be unknown,
the service shall be made upon the agent of such owner in
charge of such land, or if there be no such agent, then such
owner shall be served by publication as in civil actions.
Sec. 1401. The aforesaid Commissioners, before proceeding missiWrs^"™
to act in the premises, shall severally make oath, before some ^ g. ii87-
person authorized by law to administer oaths, that they will^^-' ^^•
fairly, faithfully and impartially discharge the duties herein re-
quired of them.
CHAPTER XXIX.
Water Courses and Cuts.
Sec.
1402. Power of County Board of
Road Commissioners over
water courses and cuts.
1403. To keep same in repair in
highways.
1404. To keep open for navigation ;
regulations as to.
1405. To remove and keep free from
obstacles.
1406. To keep banks and cause-
ways in repair and above
tide-water.
1407. May cause new channels to
be opened ; when and in
what manner.
1408. May open and repair new
channels at certain points.
1409. May use road hands or con-
tract for labor in making
repairs, &c.
Sec.
1410. Owners may erect dams ;
conditions ; power of Coun-
ty Commissioners as to.
1411. Where owner of mill dam en-
titled to compensation for
use of stream ; proceedings
where parties do not agree ;
exception.
1412. Fish traps, i&c, near dams ;
when unlawful ; penalty.
1413. Streams ordered to be made
navigable not to be ob-
structed by dams, &c.
■ 1414. Bridges not to obstruct navi-
gation of rivers ; penalty.
1415. Obstructing bridges to be re-
moved or to have draw-
spans ; requirements as to ;
penalties, &c.
CIVIL CODE
Section 1402. The County Board of Commissioners of the sev-
Co^nty ^B^oa°rd ^^^^ Countics of this State shall have and exercise the same
gf^jj^j." ™Q™ 'g^^ powers over the navigable streams, water courses and cuts,
and^cutr""^^^^ within the limits of their respective Counties, as they have over
^ g ^ygg. the highways and bridges therein, except as the same are herein
R. 's. ■ 1212 ; modified
^^- Sec. 1403. The said navigable streams, water courses and
To keep same cu|;s shall be taken and deemed as highwavs, and the County
m repair as cs ^ ' j
highways. Board of Road Commissioners shall take charge of and keep
R ^'s^' I'll- ^^^ same in repair at all times.
LV\ ^.V-^' Sec. 1404. It shall be the dutv of the Countv Board of Com-
666, §1; 18/9,
^y/o' 44t' missioners to see and ascertain from time to time that the
1 o y o, A.Ai.,
^^1- said water courses and cuts, and the mouths or entrances
To keep open tlicrcof , are opcn and free to the customarv navigation for boats
for navigation; ^ ^ o
regulations as drawing uot morc than four feet of water, except at such times
— r-r— — — — - as may be necessary to close the same for the purpose of repair
vTT-^"^fv- -^o^^' or other necessarv work ; but in no case shall the said water
All., 51/, s 6; •'
1893, XXL, 481. courses or cuts be closed so as to prevent the free passage of
such boats for a longer period than two consecutive months, or
without thirty days' previous notice, signed by the County
Supervisor, and published in at least one newspaper in the
County v/herein such water courses or cuts may be situated ; and
if the said water courses or cuts are within the limits of Char-
leston County, then such notice shall be published in at least one
of the daily newspapers in the City of Charleston.
To remove gee. 1405. The Said Countv Board of Commissioners shall
logs, stumps,
^^- see and provide that no logs, stumps, shell-banks, sand-bars,
T> ^' ^A-.^^'^rl' marshes, mud-banks, or anv other obstacle to the free, safe, and
K. o. Lilo; 10.
convenient passage of such boats at the usual time of tide, be
allowed to remain in the said water courses, or in the said cuts,
so as to prevent navigation.
To keep banks Scc. 1406. They shall keep, or cause to be kept, in firm and
in repair, and -^ ^ -^ .
above tide-wa- good conditiou, tlic bauks or causeways of the said water
— — — courses and cuts where such banks or causeway's mav be neces-
G. S. 1100; -^
R. s. 1216, lb. sary, so that they shall be above tide-water, and shall be free
from all such breaks, sluices, or other obstacles as may be an
impediment to their uses and objects.
mfssiw^rs^^mr ^ec. 1407. The County Board of Commissioners shall have
channel to^be ^^^^ powcr and authority to appoint special commissioners, who
opened, &c. j^^y causc to be Opened any new channel through such pro-
R s' 1217 -^Yb' J acting points of marsh lands as impede and delay the naviga-
\lf' ^^f IV., |;ion of the said water courses and cuts, and the proprietor or
OF SOUTH CAROLINA.
owner of the said marsh land shall be entitled to such reasonable
compensation for the appropriation of the said land to the pub-
lic use as may be deemed a fair equivalent by three discreet and
disinterested citizens, to be selected by the mutual consent of the
said special Commissioners and the said proprietor or owner.
Sec. 1408. The County Board of Commissioners are ^^f ^p^P^^^^
authorized and empowered, for the better navigation of the ^Jji^^j^ p^j^^^^*
water courses and cuts, to make, open, dig out, cleanse and — ^ — ^ — ^^.
keep in repair new channels through such points of marsh mud j^-^g |^jj ^1^^'
as project out, and, by forming curves or banks therein, impede |gi ^^^^' -^^^•'
the transit of such boats.
Sec. 1409. The County Board of Commissioners are . ^^^^ ^=« ™^<i
-' nands, or con-
authorized and empowered to keep the said water courses ^^'^l^'^^l^i^^^^^l
cuts in repair, and to dig out, clear, cleanse, shorten, straighten p^'''^' '^^-
and make navigable the same, either with the labor of such male j^ ^- g^- |^°^
inhabitants as shall be liable to work on the public highways, ori|^|^^j' |^^
by contract with one or more persons ; and they shall also have
all such work done as may from time to time be expedient and
necessary for the preservation and use of the said water courses
and cuts, notwithstanding such work be not designated in this
Chapter.
Sec. 1410. It shall be lawful for owners of lands on such Owners may
erect dams;
Streams to erect mill dams across the same : Provided, They con- proviso.
struct and keep in repair sufficient locks, or slopes, or canals, iUgG^J^^^^s; r.
or around such mill dams, to admit their free navigation for
rafts of lumber and timber : And provided further. That the
County Supervisor and County Board of Commissioners are
hereby authorized and empowered to require the construction
of sufficient fish ways in such dams as they may deem necessary.
Sec. 1411. In all cases in which mill owners shall have erec- , Proceedings
to remove mill
ted their mill dams on such streams antecedent to their use for dams for pur-
poses of navi-
the purposes aforesaid, at the points at which such mill dams gatjon.
have been or may be erected, it shall be lawful for all persons, ^^ g. s^^-uoq-,
who may desire, to use such streams for the purposes of navi- 13 ; isee, xiii.,
gation as aforesaid, upon payment to such mill owner of a com-
pensation to be determined by the parties themselves. But if
the parties cannot agree, it shall be the duty of any neighboring
Magistrate, at the instance of any person desiring to use such
streams for the purposes of rafting of rafts of lumber and tim-
ber, to call to his assistance four neighboring freeholders, twd to
be selected by the mill owner and two by the applicant ; and the
said Magistrate and freeholders shall determine the amount of
534 CIVIL CODE
A. D. 1902.
^"""""■^'^■"^ compensation to be paid by such person desiring to use such
stream, subject to the right of appeal to the next Court of Com-
mon Pleas for the County in which the mill may be situated:
Provided, That nothing herein contained shall be construed to
extend to the navigation of Big Horse Creek, above the point
at which the waste water of Bath Mills returns to the old bed
of said creek : Provided, nevertheless. Nothing herein contained
shall be held or deemed to apply to any stream or water course
within the corporate limits of the City of Charleston.
Compensation — Witt v. Jeffcoats, lo Rich., 389.
to^be^kept'^'^up Sec. 1412. It shall not be lawful for any person whomsoever,
on^'^any^ ^^i-^^ ^^7 time, to crcct or keep up any fish trap or other device
ftnalty.*'^^^™^' ^^^ catching fish, or to fish with any net or seine within eighty
' Q s. J107; yards of any dam, erected by the order or at the expense of the
1828, ^x.,"^52i'. State, across any stream intended thereby to be made navigable,
La' -^^^^'^^-'in which dams there shall be left or constructed any sluice for
the passage of fish ; and all and every person or persons offend-
ing against this Section shall, for each and every offence, pay
c^o u*n t'^fes^in ^^6 sum of twclve dollars, to be recovered before any Magistrate
o^n*s^"^x V L^ °^ the County where the offence may have been committed ; one-
XVI '^7is"t1me ^^^^^ °^ which penalty shall go to the informer, and the other
72/" protection ^^^^ to the support of the work to which the dam is attached;
fish"xvi °53J ^^^ ^^^ traps and other devices for catching fish, erected or kept
up in violation of this Section, are hereby declared public
nuisances, and may be treated as such.
Boatwright v. Bookman, Rice, 447.
Streams or- ^^^ Criminal Code for penalty for obstructing streams by fish traps.
made naviga^ Scc. 1413. It shall not be lawful for any person to keep up
obstructed" ^ or crect any dam, except as provided for by Section 1410 of this
G. s. 1109; Chapter, across any river which the Legislature has ordered to
1823, VI., 219^ be made navigable, or for improving which the Legislature has
made any appropriation, so as to obstruct the passage of boats
or rafts of timber and lumber therein ; and in case any dam,
hereafter to be erected, shall not be immediately taken down
and opened, when required by the County Board of Commis-
sioners, the same shall thenceforth be regarded and taken to be
a public nuisance, and shall and may be abated as such ; and the
person erecting or keeping up the same shall, on conviction
thereof, be fined at the discretion of the Court, in a sum not ex-
ceeding five hundred dollars, for the use of the navigation of
the river where the said nuisance exists.
Sec. 1414. No person or persons or corporations in this State
shall keep or cause to be kept, put or caused to be placed, any
OF SOUTH CAROLINA.
bridge over and across any of the navigable rivers within this
State, so as thereby to injure or obstruct the free navigation of ^^ ^bs^t^ru"c°t
said rivers ; and every such person or persons or corporations so navigation.
offending shall forfeit, for each and every such offense, the sum ^g^-^^ ^'xix '
of two hundred dollars for each day that such bridge may be so "^^•
kept or remain as an obstruction to said free navigation, for the Penalty.
use of the State.
Sec. 1415. Any railroad company or other corporation in this ^rid^ef '^to^'bl
State which may now have any bridge over and across any J^^^^^'^d'r'^aw
navigable river in this State too low for the purposes of free ^p^"^-
and unobstructed navigation be, and they are hereby, required ^^^ ^- s. 1225;
to remove the same, or to so construct and manage draw spans
in said bridges as will secure safe and unobstructed navigation
of said stream ; which said spans shall be not less than sixty
(60) feet in width in the clear, and shall be properly located
with reference to the deep water and the convenience of naviga- as^to"the"draw
tion, and shall be provided on both sides of the span with^P^^^-
strong and suitable fenders extending to not less than one hun-
dred and fifty (150) feet above and not less than eighty (80)
feet below the bridge, and rising above ordinary high water
mark to within not less than one foot of the lower chords of said
spans. And upon failure to do so, said railroad company or
other corporation shall forfeit for each and every day that said
bridge may remain too low for free and unobstructed navigation Penalties.
the sum of two hundred dollars, for the use of the State : Pro- , "^ ° what
' streams appli-
vided, That this Section shall apply only to such streams as are ^abie.
now navigable by steamboats or may hereafter be made so.
State V. Knotts, 2 Speer, 692.
CIVIL CODE
CHAPTER XXX.
Bridges, Turnpikes and Ferries.
Article i. Bridges.
Article 2. Turnpike Roads and Bridges.
Article 3. Ferries and Bridges.
Article 4. Miscellaneous Provisions.
ARTICLE 1.
Bridges.
Sec.
1416. Toll bridges must have rail-
ings.
1417. Must be furnished with
lights ; penalty.
1418. How certain bridges to be
passed : penalty.
1419. No fire to be carried on bridge ;
penalty.
Sec.
1420. No building not fire-proof to
be erected within fifty feet
of bridge ; jurisdiction,
abatement, &c.
1421. Vessels passing under bridges
to drop anchor, &c. ; penalty.
Railing to be Scctlon 1416. It shall be the duty of the owners of all toll
put to bridges. -^
— - — ^-^^ bridges which have been or may hereafter be chartered by the
1893 'Ix ■^528' Legislature to cause to be erected a good and sufficient railing,
§1'^- extending twenty feet from the ends of all such toll bridges, on
each side of the road, passing over said toll bridge.
Grigsby v. Chappel, 5 Rich., 443.
to'^bi^ fur'tilh- ^®^- ^^^'^- Every toll bridge within this State shall be fur-
ed with lights, nislicd at night by the owners of the franchise or the keepers
gG-^s^^iiiiSgR- of the said bridges, respectively, with sufficient light or lights
XVII., 579. to enable persons traveling over the same to see their way and
to avoid danger.
If any person or persons traveling over any of the said
bridges at night shall, in any way, be injured, in person or
property, for want of sufficient light, as herein provided for, the
owner or owners of said bridge, whether an individual or a
corporation, shall be liable to any person or persons so injured,
as aforesaid, either in person or property, for all damages such
person or persons may sustain, to be recovered in any Court of
the State having competent jurisdiction.
Any person violating the provisions of this Section shall also
How bridges |3e deemed guilty of a misdemeanor.
are to be pass- ° -'
^ Sec. 1418. No person shall drive, lead, or, having charge
s'^'i^2s^-'^'^^i'82^' thereof, shall permit any carriage, animal, or other thing, to
VI., 314,' H 4.
OF SOUTH CAROLINA. 537
— A. D. 1902.
travel over or on any bridge more than ten feet long, now con- ^—^^^^^
structed or hereafter to be constructed by the authority of the
Legislature, in a gait faster than a walk, nor shall any person
having charge of any carriage, animal, or thing, cause or permit
it to stop on any such bridge. And every person so offending
against this provision shall, on conviction thereof before any
Magistrate of the County, pay a fine not exceeding ten dollars
nor less than five dollars, and shall be further liable for all
damages occasioned by such offense.
Sec. 1419. No person shall carry over, or otherwise have or ca^ried'^^o'? ^a
place any fire on any wooden bridge, or bridge the superstruc- t^'dge-
ture whereof is of wood, now constructed, or hereafter to be g^-^gfg.^y^^^^^;
constructed, by the authority of the Legislature ; and every per-
son so offending shall, on conviction before any Magistrate of
the County pay a fine not exceeding ten dollars nor less than
two dollars, and shall be liable for all damages occasioned
thereby.
Sec. 1420. No person shall erect, or cause to be erected, any No building
to be erected
building or other edifice not constructed of stone or brick, and within 50 feet
. . , . of a bridge.
not roofed with tile or slate, so as not to be fire-proof, withm 50
' -. G. S. 1U4;
feet of the wooden part of any bridge which is more than fifty R. s. 1230; ib.,
feet long, constructed by authority of the Legislature; and if
any person shall attempt such building or edifice, he may be en-
joined from proceeding therein by the Court of Common Pleas
or any Judge thereof; or if the same shall have been erected
contrary to this Section, the said Court may order the same to
be taken down and removed, and it shall be lawful for the pro-
prietor or proprietors of the bridge, their officers or agents, to
execute such order under the direction of the Sheriff of the
County, or his lawful deputy.
Sec. 1421. All vessels, boats, and rafts passing under any Vessels pass-
bridge shall, before they come to the same, drop anchor and bridges to drop
drag through under the same; and if any vessel, boat, or raft, penalty. '
shall pass, or attempt to pass, under any bridge without drag- g. s. 1115;
ging as aforesaid, everv such vessel, boat, or raft, shall forfeit it'ss-, ix., 294',
, r ^r \ ,, " , , , . ,. . §10; IX., 311,
the sum of fifty dollars, to be recovered by immediate seizure §12.
and detention of the said vessel, boat, or raft, until the payment
of the said sum, by information being given of the same to the
Circuit Court in the County where the offense was committed ;
the money, when so recovered, to be applied for the rebuilding
or keeping in repair such bridge.
538 CIVIL CODE
A. D. 1902.
ARTICLE 11.
Turnpike Roads and Bridges.
Sec.
1422. Where toll gates shall not be
erected.
1423. How turnpikes shall be gradu-
ated.
1424. Wheels with broad tires to
pay less toll.
Sec.
1425. How far apart toll gates may
be.
1426. Width of turnpike roads and
bridges.
1427. All traveling to be on right
of centre.
gates ^shaii not Sectioii 1422. The proprietor or proprietors of a turnpike road
be erected. shall not crect any toll gate across any public road now estab-
R.^'s^' 1232; Hshcd by law, or which may hereafter be established by Act of
cf^i, ^8." ^°^' the Legislature, and which is and shall be kept in repair by any
means at the disposal of the County Commissioners, according
to a general law of the State.
pikes°^aifTe Scc. 1423. Every turnpike road shall be so graduated as that
graduated. ^^ ^^^^ ^£ -^ shall risc above the horizon in a greater angle than
R s i233^^]b three degrees, or a rise of one foot in nineteen feet of horizontal
^^°'il^^- ' 'extension.
brold^tlrerto ^60. 1424. All Carriages, the tires of whose wheels are more
pay less toll, ii^^ju four inchcs broad, shall be subject to a toll on all the turn-
R.^. ilk^y^.' Pi^^ roads in the State, less by twenty-five per cent, than the
^■^''' toll which carriages of the same description having narrower
tires are subject to; and all carriages, the tires of whose wheels
are more than six inches broad, shall be subject to a toll on the
said roads less by fifty per cent, than the toll which carriages of
the same description having tires less than four inches broad are
subject to. The maximum of tolls established by any law
granting the charter of a turnpike road, shall always have refer-
ence to carriages with tires less than four inches broad.
g^,*^"y *°twfnty ^®^* 1425. For every twenty miles of turnpike road com-
™^^^^- pleted, one toll gate may be established, with the rates of toll
R ^' s^' 1235- allowed by law. Or for every ten miles of turnpike road com-
ib., 1114. pleted, one toll gate may be established, with half the said rates
of toll.
tum^ki^oa°ds ^®^' 1^26. The bed of every turnpike road shall not be less
and bridges. -t-j^^jj thirty nor morc than forty feet wide, exclusive of the
R*^'s^* 1236-^^^*-^^^ ^^^ grounds shaded with trees, except where the bed
IT^2 ^15' ^■^°' ^^"^ ^^ ^^^ ^°P °^ ^ causeway more than three feet high, or is
cut more than three feet deep in the solid earth, in either of
which cases the bed of the road shall be not less than twenty-
four feet wide. Every bridge on a turnpike road shall be as
OF SOUTH CAROLINA.
539
wide as the bed of the road, except where the bridge shall be
more than twelve feet long, in which case it must be at least
twenty-two feet wide, and shall have side railings at least three
feet high, or parapet walls.
Sec. 1427. Every person, carriage, animal, or other thing,
A. D. 1902.
All traveling
to be on the
traveling or passing on or over any turnpike road, causeway, or l'£[l^ °^ ^^^
centre.
bridge, now constructed, or hereafter to be constructed, by au- ^ s~ii3o^
thority of the Legislature, shall keep entirely on the right of the^j^^-^P^'''' ^^■'
centre of the said road, causeway, or bridge, so as not to ob-
struct the passage of any other person, carriage, animal, or
thing, on the other side of the centre thereof.
ARTICLE III.
Ferries and Bridges.
Shc.
1428. How rechartered.
1429. Term of charters, &c.
1430. Rates of toll.
1431. Charters to be reported to
Secretary of State.
1432. Form of charter.
1433. Schedule of trips at public
steam ferries.
1434. Keepers of ferries to keep
banks in order.
1435. Aprons to be attached to fer-
ry flats.
1436. Slips to be kept in repair by
owners of ferries.
1487. Tolls remitted in certain
cases.
Ferries have no legal or necessary connection with land, but are public fran-
chises granted to private persons for a limited time. — Morse v. Garner, i Strob.,
514; 47 Am. Dec, 565. Rent reserved on lease of ferry is not extinguished by sale
of land on one side to lessee. — Gourdine v. Davis, i Bailey, 469. They cannot be
established without permission of the sovereign power. — Stork v. McGowan, i Nott
& McC., 387.
Sec.
1438. Private ferries to pass ex-
empts gratis.
1439. Toll at bridges and ferries
chartered December 1, 1845.
1440. Owners of bridges destroyed
may establish temporary
ferries ; proviso.
1441. Toll rates must be conspicu-
ously posted.
1442. Persons fording not to pay
toll.
1443. Distance between ferries ; how
ascertained.
o r
renewals there-
Section 1428. When the charter of any ferry has expired or is renewa^s'^ti
about to expire, the same may be renewed or rechartered ; and °^' ^^ grlnted
when a ferry is needed where no ferry has been heretofore gy^^^g°Jf^Q^^
chartered, the same may be chartered in the following manner : missioners.
By application to the County Board of Commissioners instead jj ^- g^- ]^^i
of to the General Assembly; and where the ferry is across agg^^' xxiii.,
river at a point where such river is the boundary between two
or more counties, then to the respective Board of Commission-
ers of the Counties concerned. The application shall be by
540 CIVIL CODE
A. D. 1902.
""■"^--^'-^''^ petition after the notice now required by law, and after strictly
observing- and complying with all prerequisites required by law
before the granting of such charters.
w?omILdhow ^^^- ■^^^^' Suchcharter shall be to the applicant (petitioner),
long granted. \^ig or her hcirs and assigns, for a term not to exceed twenty-
"^^^ one years, and shall be subject to revocation at any time by the
County Board of Commissioners which granted or renewed the
same, for such cause or causes as to them may seem just and
proper.
Renewal of charter held to carry appendant right of way to ferry with it. —
Guignard v. Kinsler, 4 Rich., 330.
Rates of toll. gg^,_ ^43^^ ^j^^ following shall be the maximum rates of toll
xx^ni.,^ 722.^ ' that shall be charged at each public ferry in this State chartered
under the provisions of this Article : For every passenger,
five (5) cents. Except in the case of public steam ferries where
the maximum rate of ten ( lo) cents for a single trip or passage
may be charged ; for every head of sheep, goats, hogs and other
small animals, five (5) cents; for every horse, mule, and head
of cattle, ten (10) cents ; for every passenger with single horse,
mule, or ox or other riding animal, twenty (20) cents ; for every
single horse buggy, cart or other vehicle, twenty-five (25)
cents; for every two horse wagon or other vehicle, fifty (50)
cents ; for every three horse wagon or other vehicle, sixty-five
(65) cents; for every four horse wagon or other vehicle,
seventy-five (75) cents: Provided, That it shall be within the
province and power of the County Board of Commissioners of
the several Counties of the State to fix lower rates of toll for
any one or more specific ferries in any County as the special
local conditions and circumstances may demand; and in cases
of ferries crossing rivers or streams forming boundary lines
between any two Counties, the power and province aforesaid
shall rest in the County Boards of Commissioners of said two
Counties,
granted "^ to^ bl Scc. 1431. The Couuty Boards of Commissioners of the
Secretary of ^^^io^s Couutics of the State are hereby authorized and em-
^^^^^' powered to grant charters for ferries, and to establish ferries
^^1899, XXIII., under the provisions of this Article and shall report all such
charters to the Secretary of State immediately after they are
granted.
jormofchar- gee. 1432. The following shall be a sufficient form for
J^] such charter : The State of South Carolina, County of ,
OF SOUTH CAROLINA. 541
A. D. 1902,
on the petition of , and it appearing that the public ^~-'^v^~^
good will be observed thereby, the (or a) ferry across
river at , known as (or to be known as)
ferry, is hereby chartered (or rechartered), and vested in
, the said petitioner, his (or her) heirs, executors,
administrators or assigns, for the term of years, subject,
however, to be revoked in the discretion of the County Board of
Commissioners at any time. Given under our hands and seals
of office, this the day of , A. D. 19 . . .
Sec. 1433. Each and every public steam ferry in this State, tri|s^lt"pu\.iic
heretofore or hereafter chartered, or now existing under and by steam femes.
authority of any general or special Act, shall operate daily and^l^^^' xxiii.,
with only such intermission as is reasonable, commencing at 6 Hours.
A. M. and ending not earlier than 9 P. M., each day. If any
person or persons shall meet with unreasonable delay at any of
the public steam ferries established by law in this State, every
such person or persons may, by action in any Court of compe-
tent jurisdiction, recover from the proprietors or owners of such penalty for
ferry, the sum of ten (10) dollars for each and every hour of *^^'^y-
such unreasonable delay.
Sec. 1434. It shall be the duty of every person keeping a ferriel^to^keep
ferry to keep in good order the banks of the river or creek at ^^^^^ '" °^'^^^-
such ferry. And in case of neglect, he shall be subject to a fine r/^'s^' 1239-
of three dollars for each and every day of such neglect; the||o^' ^^■' ^^^'
same to be recovered before any Magistrate having competent
jurisdiction.
Sec. 1435. Each and every ferry owner or keeper in this at4?hed\o°fi'r^
State shall provide and keep attached to each end of his ferry ^;^^f^f____
flat or flats a good and sufficient apron, or, not having sucli ^ ^- g^- J^^^;
aprons, shall keep, at each and every landing place, a good and ^^^4, ix., 544,
sufficient abutment or inclined plane for the same ; and for de-
fault or neglect in so doing he shall be fined in a sum not ex-
ceeding ten dollars for every three days' continuance of such de-
fault, to be recovered in any Court having competent jurisdic-
tion of the same ; one-half thereof to the use of the State, and
the other half to the informer.
Miles V. James, i McC, 157.
Sec. 1436. All persons who may have charters for any ferry, j^g^^^'?^ l%z^
where it is necessary that slips should be used, shall keep the f Jj-riel"^" °^
same in repair at their private expense. — g~^~1i2F
Persons are forbidden to transport passengers within a mile of an established K- ^. ■'t-^v
ferry, except in case of detention for a half hour at such ferry. See Criminal R^g_ > ^ ■• >
Code.
542 CIVIL CODE
A. D. 1902. —
^ — '" V "' '' Generally, as to liabilities of ferrymen, common carriers. — Clark v. Edisto Island
Ferry Co., Riley, 300; Rutherford v. McGowan, i N. & McC, 17; Cook v. Gourdin,
2 N. & McC, 19; even where property is under control of owner; Miles v. James,
I McC, 157; Cohen v. Hume, i McC, 439; owner of private ferry; Littlejohn v.
Jones, 2 McMul, 365; 39 Am. Dec, 132. As to rights of. — McGowan v. Stark, 1 N.
& McC, 387; lb., 397; Frazer v. Drayton, 2 N. & McC, 471; Puckett v. Smith, 5
Strob., 26.
tJ^in ce^in ^^^- ^^^'^ ' ^^ ^^^^^ "^^ ^^ lawful to cxact from the citizens of
cases.
this State, nor shall any of them be compelled to pay, any toll
R ^'s^' 1242- ^°^ crossing any ferry within the limits of this State, or for the
1813, IX., 471, crossing of their horses, cattle, or other property, at any such
ferry, when the boat or boats, flat or flats, kept at said ferry, is
or are not used by them for said purpose.
rie?'to^*as ^ex- ^®^' ^^^^* ^hc keepers of all private ferries, usually putting
empts gratis, pyer passcngers for hire, shall be obliged to pass over, free of
R ^' s^" 1243- charge or expense, all such persons as are by law exempted
1^07, IX., 430, from the payment of ferriage at ferries established and allowed
by Act of the Legislature.
Toll at bridges gec. 1439. At all ferries and bridges, chartered since the first
and f e r r les o ^
chartere^^since day of December, 1845, the same and no higher toll shall be
]^ demanded, paid, or allowed on any wagon, buggy, barouche, or
R ^' s^" "44- °th^^ carriage, drawn by a single horse, mule, or other animal,
823^' ■^^" ^^°' t^-^^^ ^^ allowed, paid, or demandable for chairs, gigs, or sulkies,
any law, custom, or usage to the contrary notwithstanding.
Owners of Scc. 1440. Where any bridge has been, or shall hereafter be,
b r 1 d g es de- . .
stroyed m a^y erected ovcr any river in this State, and the same has been, or
porary ferries; shall hereafter be, destroyed or injured by freshets or othervv'ise,
proviso. _ -^ -^ _ _
— 1134- ^^ ^^ to be impassable, the company or individual owning such
R- s. 1245; bridge is authorized to establish a ferry at some convenient
§1- place within one mile of the site of the said bridge, and to keep
the same and receive the emoluments thereof, not exceeding in
amount of ferriage the established tolls receivable at said
brifige during the time the said bridge shall be rebuilding and
repairing : Provided, That the rebuilding or repairing of the said
bridge shall be begun within six months, and shall be finished
within two years, from the time the said bridge shall be de-
stroyed or so injured; and, during the time aforesaid, all other
persons shall be excluded from establishing any ferry within
three miles of the site of the said bridge, excepting from the
operation of this provision any ferry before that time estab-
lished by law, and, at the time of the destruction or injury of
the said bridge, regularly kept and used : Provided, also, The
company or individual, as the case may be, shall pay all the
damages which may be sustained by any person, consequent
OF SOUTH CAROLINA.
upon the establishment of such ferry, to be assessed in the same
manner as is established for the settlement of the damages done
to individuals by turnpike roads passing through their lands.
Sec. 1441. It shall be the duty of the managers and attend- ^ Jnipicuous^y
ants of all public ferries and bridges, having the privilege by£!!!!^^
law to charge toll for the passage of persons, animals, and ve- s.^'i246^i^^i'79^;
hides or other goods, to cause the rate chargeable for such If^^ ^i^_^ 439',
passage to be posted in legible letters or characters in some l^i^y.', 209! \\'.
conspicuous place, stating the legal amount to be paid, so as to
be read for information without inconvenience, at the approach
to such ferry or bridge.
Evidence to show violation, sufficiency. — Frazier v. Drayton, i N. & McC, 471.
Party accustomed to use ferry presumed to know the rates though not posted. —
Addison v. Hard, i Bailey, 431.
Sec. 1442. If the water at any bridge or ferry should be so ^^f''^°l'\^°''^'
low as to enable persons with their horses or cattle to ford the toU-
same, the proprietors of the ferry or bridge shall not be allowed ^^ g.^s. ns?;
to take any toll from the person or persons so fording the same, fis'im xvii,
And no old accustomed ford, or the roads leading to or fromi^*-
such fords, within this State, shall be obstructed; and the
Superintendents of highways, in their respective highway dis-
tricts, are required to keep the roads leading to or from such old
accustomed fords open and in good repair : Provided, Nothing
herein contained shall infringe, or be construed to infringe, the
charter granted to any companies to promote the inland naviga-
tion of this State.
See Criminal Code for penalties on ferrymen for illegally exacting toll, or ob-
structing fords, etc.
Sec. 1443. In all disputed cases whatsoever, to arise i-^ncler ^^^Jstance^be-
any Act for the establishment of ferries and bridges in this^ow ascertain-
State, the disfranchising space, whether within three or more ^ g ^^^q. ^^
miles, shall be admeasured, either by the distance by water or fx^^^fgl; ^l^^!'
the approachable road, and in no case by a straight line, except
where a travelable and practicable road exists in such straight
line, or might be as easily made, and at as little expense and in-
convenience to the public, as in any other cause.
Remedy for violation of ferry franchise. Stark v. McGowan, i Nott & McC,
387; Gibbes v. Beaufort, 20 S. C, 213. Measure of damages. — Puckett v. Smith,
S Strob., 26, S3 Am. Dec, 686.
544
CIVIL CODE
A. D. 1902.
V
ARTICLE IV.
Miscellaneous Provisions.
Sec.
Sec.
1444.
Commissioners to be ap-
1447. Tolls to be paid before pass-
pointed to superintend
ing gate.
works.
1448. Warrant may be issued to
1445.
Work to be examined by
collect tolls.
them ; duty, if work is in a
1449. Persons exempt from toll.
dangerous condition.
1450. Rate of toll.
1446.
Oath of Commissioners.
1451. Penalty for delaying passen-
gers.
Commission- Scctioii 1444. The proprietor or proprietors of each and every
ers to be ap- . .
pointed to bridg-e, ferry, or turnpike road, and the County Board of Com-
super intend . . .
works. missioners of the County to which the work is subject, shall ap-
G. s. n4i; point, immediately after the completion of the said work, and
1827, VI., iii9. ' before any toll or ferriage is received thereat, and at the ex-
piration of every three years thereafter, three prsons, who shall
be commissioners of the said work; and where the above named
parties do not agree, or whenever the Legislature shall by,
resolution or Act, order a new Commission, the Commissioners
shall be appointed by the Court of Common Pleas of the County
in which the whole or any part of the said work may be situ-
ated ; but, before such appointment shall be made, the Attorney
General or Solicitor of the Court shall have notice of the day
on which application for such appointments will be made. And
in case the proprietor or proprietors shall not apply for the ap-
pointment of Commissioners on or before the second day of the
next term after such application to the Court shall become
necessary, the Attorney General or Solicitor of the Circuit shall
make application to the Court for such appointment, which may
be made without notice to the proprietor or proprietors.
Work to be Scc. 1445. The Commissioners of each and every bridge,
e X a mined by . ^ , . .
them; duty, if ferry, and turnpike road, shall have full power, m addition to
work IS in a "^ . .
dangerous con- the authority hereinbefore given them, and they, or a majority
— of them, are hereby required, to examine the works for which
R. s'. 1551; lb.', they may be appointed ; and in case they shall find the said work,
311, cl. 2 1120. -' ^ \:'^ ■> ^ J _ , , .
or any part thereof, out of repair, or not m good order for
traveling or passing, or in any way difficult or dangerous to
be traveled or passed, it shall be the duty of the said Commis-
sioners, or a majority of them, to make and publish in the near-
est gazette, and to post up at all places where tolls or ferries are
received, an order that the proprietor or proprietors shall not
receive tolls for traveling over or passing the said bridge, ferry,
OF SOUTH CAROLINA.
or turnpike road, as the case may be ; and after the said order
shall be made and posted up, as aforesaid, (whether published
in the said gazette or not), and until the said order shall be re-
pealed, each and every toll gate of the said work shall be kept
open, and it shall not be lawful for the proprietor or proprietors
thereof to receive any toll or ferriage for traveling or passing
over the said work, or any part thereof ; and the proprietor or
proprietors, keeper or keepers, of a ferry, during the continu-
ance of such order respecting it, shall give the same attendance
thereon, and convey all persons, horses, cattle, and carriages
over the same, as if no such order had been made. Whenever
any member of the said Commission may know, of his own
observation, or be informed by the affidavit of any other person,
taken before any Magistrate, or any member of the said Com-
mission, (who, for the purpose, are hereby authorized to ad-
minister oaths,) that the said works, or any part thereof, are out
of repair, or difficult or dangerous, as aforesaid, he shall sum-
mon the other members to attend on the work complained of,
and thereupon the said Commissioners shall make or reject the
said order, as the nature of the case may require ; and it shall
also be the duty of the said Commissioners, on the written
summons of the proprietor or proprietors, to attend and repeal
said order, whenever the cause for making the same may have
been removed. Whenever the said Commissioners may refuse
to make or repeal such order, when they ought so to do, they
may be compelled thereto by mandamus.
Sec. 1446. Each Commissioner of each and every bridge, 0^^^ *? ^^
-' ° ' taken by them.
ferry, and turnpike road, before entering on the duties of his —z — ^ ,,,-
G. S. 1143 J
office, shall take and subscribe an oath or affirmation to the fol- R- s. 1252;
lowing effect : "I, A B, one of the Commissioners of the bridge,
(ferry, or turnpike road, as the case may be,) do solemnly
swear (or affirm) that I will, to the best of my judgment and
ability, faithfully and impartially discharge the duties required
of me by law, as Commissioner aforesaid."
Sec. 1447. The tolls demandable and payable at the toll gate pa id before
J- 1 . 1 r ., - passing gate.
01 any bridge, ferry, or turnpike road, now constructed, or here
after to be constructed, by authoritv of the Legislature, shall be R- s. ' 1253^
paid, if required, before passing the gate. The collector at a ''
gate or ferry shall make change of all coins or bills offered him
in payment of tolls, under the value of five dollars, except six
and a quarter and five cent bills or coins, which shall always be
paid to the collector where a less sum is due to him for tolls,
35--C.
CIVIL CODE
unless the exact change shall be tendered him in the copper coin
of the United States.
Warrant may Scc. 1448. In casc the toll is not paid before passing- the srate
be issued to x- x- o o
collect tolls, of any turnpike road, bridge or, ferry, and shall be refused or
R s' nk^Yb'^^^^^^^^^ ^° ^^ P^^*^ immediately after, the collector may issue
1112. ' ' his distress warrant for the same, and cause it to be levied on
the carriage, horse, animal, or other thing, which has incurred
the demand for toll, or any article or thing conveyed in such
carriage, or on such horse, animal, or thing, and the thing so
distrained shall be disposed of in the same manner as goods
under execution,
empt from toil Scc. 1449. Exemption from the payment of toll at any bridge,
G. s. 1146; ferry, and turnpike road, hereafter chartered, shall be granted
18S2, XVIII.! to every regularly ordained or licensed minister of the gospel;
§13.' '' ' to every member of the Legislature, going to or from its sit-
tings ; school trustees, when they are traveling on official busi-
ness ; and all persons going to and returning from divine service
on Sundays ; and to every person traveling in the performance of
any civil or military duty, for which he receives no salary or re-
ward ; and to every person whose duty it may be made by law
to examine the said work, with not more than one servant, a
carriage and two horses. In time of war or insurrection, troops,
with their baggage, artillery, and munitions of war, exclusively
in the service of this State, shall pass every bridge, ferry, and
turnpike road, at one-half of the established toll or ferriage.
Rate of toll; Sec. 1450. The rate of tolls receivable at any bridge, ferry,
e?s exemift!"° or tuHipike gate, shall be as follows, unless otherwise expressed
G. s. 1147; in the Act granting or authorizing the charter :
1827, VI., 308^ For every carriage with four wheels, for the conveyance
*^ ■ of persons (except stage coaches running regularly
on the road,) drawn by four horses or mules. . . .$i oo
Drawn by three horses or mules o 75
Drawn by two horses or mules o 50
For every carriage with four wheels, drawn by six
horses, oxen, or mules o 75
Drawn by five horses, oxen, or mules o 62}^
Drawn by four horses, oxen, or mules o 50
Drawn by three horses, oxen, or mules . . . . - . . o 37^
For every carriage with two wheels, for the conveyance
of persons, drawn by two horses or mules o 50
For every carriage other than for the conveyance of
persons, drawn by four horses or mules o 50
OF SOUTH CAROLINA. 547
A. D. 1902.
Drawn by three horses or mules o 37^ v—^v-^i-^
For every other carriage o 25
For every person on horseback, or leading or driving
a horse or mule o 1234
For every led horse or mule, accompanying a person on
horseback o 06^4
For every horse or mule in drove O 04
For every head of cattle o 03
For every hog, sheep, or goat o 02
For every animal for show, in addition to the carriage
in which it may be conveyed o 50
For every foot passenger crossing a bridge o o6_^
But no foot passenger shall be liable to pay toll for passing a
turnpike gate.
Sec. 4151. If any person or persons shall meet with unneces- Penalty for
- , . , delaying pas-
sary delay at any of the public ferries, toll bridges, or cause- sengers.
ways established by law, every such person or persons may re- g. s. lus;
cover from the persons keeping such ferry, bridge, or causeway, i^'ss, ix., 312!
for every hour of such unnecessary delay, the sum of ten dol-
lars, to be recovered, on application from the party aggrieved,
by action before any neighboring Magistrate.
Sec. , G. S. 1150, R. S. 1259 is omitted as inconsistent with Art. 3, Sec. 34,
sub-division 2 of the Constitution.
CHAPTER XXXI.
The Saluda Mountain Road.
Sec.
1452. Interest of State vested in
Greenville County.
1453. Declared a public highway ;
under charge of County
Board of Commissioners.
Sec.
1454. Regulations as to traveling on.
1455. Order of traveling prescribed ;
exceptions.
Section 1452. All the right, title and interest of the State of stat"e'velted in
South Carolina m and to the State road known as the Saluda gr°ee''nvine! °^
Mountain Road, running from Greenville County, in said State, j^ g ^^m-,
across the Saluda Mountain, to Henderson County, in North ^gg2,^^ xviii.,
Carolina, is hereby assigned, transferred and set over to Green-
ville County. Declared a
Sec. 1453. Said State road known as the Saluda Mountain public hi^g^h-
Road is hereby declared a public highway, and the County "^'^^^^^^ %^^^.l
Board of Commissioners of Greenville County are hereby au- 0^^^^^^^^° "^ ™'^'
thorized and required to maintain the same. rT^TTs^
lb., ' §3- 1S83,
XVIII, 295, §2.
CIVIL CODE
548
A. D. 1902.
^-'"v"'*^ See. 1454. On the said road, road wagons drawn by four or
^ ^ traveling ^'^^^ horscs, mulcs or oxen shall be required to keep on the
. timbered ways, Avhere the road is timbered, unless it shall be
as to
-ion.
R *^'s^' r4'- necessar}' for them to leave these ways for the purpose of pass-
1883, VI., 493, [^g other vehicles or avoiding broken places.
Sec. 1455. In traveling on every part of the said road, the
traveling _pre- following Order shall be preserved, to wit : all carriages of
burthen, or for any other use, shall keep on the right side of the
Order of
aveling pre-
scribed; excep-
T> "^c^" iV^^' centre of the road, so as not to interfere with carriages travel-
8^13 ^^" °^^' ^^S o^ the other side, except in the following cases, to wit :
where the centre of the road is timbered less than fourteen feet
wide, the following order shall be observed,- to wit. : the centre
or timbered part of the road may be kept —
1. By loaded wagons traveling toward the mountains, ex-
cluding all others therefrom.
2. All descending loaded wagons and carriages may keep the
side of the road next to the mountain and farthest from the
valley.
CHAPTER XXXII.
Dams and Drains and Drainage in Certain Counties.
Article i. Dams and Drains.
Article 2. Drainage in Certain Counties.
Article 3. Right of Way for Drainage.
ARTICLE 1.
Dams and Drains.
Sec.
1456
Dams must not be erected or
water let off to the injury
of others.
3457. Dams to be opened by 10th
March ; penalty.
1458. Mode of obtaining redress if
not so opened.
1459. Redress for obstructing sur-
plus water on rice grounds.
1460. Penalty for replacing obstruc-
tions or stopping up dams.
Sec.
1461. Inadequate dam to be
strengthened ; wasteways to
be provided ; penalty ; pro-
viso.
1462. Residents only to be sum-
moned to survey rice lands ;
compensation of ; penalty.
1463. Penalty on Magistrate for neg-
lect of duty in relation to
dams and drains.
1464. Person not to keep water on
others' lands.
OF SOUTH CAROLINA.
Section 1456. No person shall be permitted or allowed to
make or keep up any dams or banks to stop the course of any ^^^^jfj^l^.^^"^^^
waters so as to overflow the lands of another person without the °^ Z^^tL It
consent of such person first had and obtained; nor shall any J"'"y °^ °^^^'^-
person be permitted or allowed to let off any reserved water to r/^'s^' l^l\
injure the crops upon the grounds of other persons. f^-^: j"!;' ^-^^^
Damages for violation of.— O'Melvaney v. Jaggers, 2 Hill, 364; State v. Knotts, -''^O, § 1.
2 Speer, 692; Middleton v. Gregorie, 2 Rich., 631; Brisbane v. O'Neall, 3 Strob.,
348; Garrett v. McKie, i Rich., 444; Lamar v. R. R., 10 S. C., 476; Lynn v. Thomp-
son, 17 S. C., 137; Hellams v. Switzer, 24 S. C, 43; Hines v. Jarrett, 26 S. C,
480; 2 S. E., 393.
Right of riparian owner in waters, reasonable use. — White v. Whitney Mfg. Co.,
60 S. C, 254; 38 S. E., 456.
Sec. 1457. Every person who shall keep water during the op^nS%y°ioth
winter upon grounds on which rice shall be planted the en-^^'^'^'^' ^^"^^'
suing spring, shall, on the tenth day of March in each year, q g. uto;
open the dams which keep up the water in a sufficient manner |^gg_ ^iw.^f^z',
for letting off the same ; and if any person or persons shall ^ ^■
neglect so to do on or before the time aforesaid, he or she
shall forfeit and pay the sum of five hundred dollars for every
such neglect, to be recovered upon the complaint of any per-
son or persons through whose lands such water may pass, and
it shall and may be lawful for such person to sue for the same,
in any Court of competent jurisdiction in the County where
such offence is committed, and the one-half thereof shall be
paid to the informer, and the other half to the use of the poor
of such County.
Sec. 1458. Where any person has neglected to open his or taining^ redress
her dams in a sufficient manner for letting the water off the not opened^at
grounds before described, on or before the tenth day of March time ;^p^roviso.'^
in every year, in manner aforesaid, it shall and may be lawful g. s. ii71;
for any person who may be affected thereby, at any time after 1744, iil.'^soo',
the day aforesaid in every year, either by himself, or herself, or^os^'^'i^'
his or her overseer, agent, attorney, or trustee, to apply to any
Magistrate in the County for a warrant of survey, who shall
thereupon notify the defendant of the complaint made against
him, with the time and place of meeting, and summon three
freeholders, disinterested persons, of the neighborhood where
the cause of complaint shall lie, one of whom shall be chosen
by the defendant, and, in case of his refusal, then by the Magis-
trate, another by the com-plainant, and the third by the Magis-
trate, who (being first sworn before such Magistrate to deter-
mine the matter in dispute justly and impartially) shall forth-
with proceed to view the obstructions complained of, and if.
CIVIL CODE
on view thereof, the said freeholders, or a majority of them,
shall be of opinion that such obstructions do or may prevent
the party complaining from planting his or her crop of rice
in proper time, then and in such case it shall and may be law-
ful for the said freeholders, or a majority of them, to cause
the same to be immediately opened or removed in any way or
manner they shall think necessary for the purpose of giving
the most effectual relief to the party complaining, whereupon
the defendant shall be obliged to pay all expenses attending
such survey : Provided, alzvays, That nothing herein contained
shall extend, or be construed to extend, to impose any penalty
on any person or persons, or to cause his or her dams or banks
to be opened, who shall have made through his or her own lands
a sufficient drain or drains (of which the said freeholders shall
be the judges) to carry off the waters passing through the
same in as expeditious a manner as they could have passed
through the natural course or channel in case no such banks
had been erected,
o b^^'^rTctfn^ ^^^' 1^59. It shall and may be lawful for any person, at any
surplus water ^jj^g between the tenth dav of March and the first dav of No-
on nee ground.
Q g jj-^. vember in every year, to apply in manner aforesaid for a war-
^ofi ^\' "^-m' rant of survev on anv obstructions which he or she mav con-
l/oo, IV., i SOf - -
§ ^- ceive do impede the conveying off any surplus water on his or
her rice grounds, and which, by remaining thereon, may prove
any way injurious, or shall, at any time hereafter, make or
keep up any dam or dams which shall stop the course of any
water so as to overflow the lands of any other person or persons
whatever, without the consent of such person or persons first
had and obtained, and which shall be injurious to the said
person or persons, then, in either of such cases, the said Magis-
trate and the freeholders by him appointed shall proceed in
the same manner as is directed in the foregoing Section : Pro-
vided, ahuays. That if, in either of the cases last mentioned,
the defendant shall neglect or refuse to attend at the survey
the defendant had been present and had chosen a freeholder,
who shall have been summoned by a JMagistrate shall proceed
to determine the matter in dispute in the same manner as if
the defendant had been present and had chosen a ■ freeholder,
which said freeholders shall, in both cases, certify to the said
Magistrate, under their hands, what shall have been by them
done in the premises, the expenses attending which survey
OF SOUTH CAROLINA.
shall be paid by the party against whom the award of the said
freeholders shall be given.
Sec. 1460. If any person, either by himself or herself, or Penalty on
J r ■> J ) persons replac-
his or her overseer, agent, trustee, or attorney, or servant, orj.^s obstruc-
' ° ' ' '' ' ' tions and op-
any other person or persons acting for him or her, shall pre- p ° 1 1^'] s the
sume to stop up any dam or dams, or replace any obstructions, ^^"^^^
in any manner whatsoever, which has or have been ordered j^ ^- g^- J^^s;
to be opened or removed by any freeholders as aforesaid, or^^-- '^^4, §4.
which has or have been opened or removed by himself or her-
self, or his or her overseer, agent, attorney, trustee, or by
order of either of them, on the said tenth day of March, until
the tenth of July, every person so offending shall forfeit and
pay the sum of one thousand dollars, to be recovered and dis-
posed of in manner as aforesaid ; and if any person shall pre-
sume to obstruct, impede, or otherwise hinder or interrupt the
opening of any dam or dams, or the removing of any obstruc-
tions ordered to be opened or removed by the freeholders as
aforesaid, every person so offending shall forfeit and pay for
every such offense the sum of two thousand five hundred dol-
lars, to be recovered and disposed of in manner aforesaid.
Sec. 1461. Where any dam or dams have been made, or dams"^ o''"\ie
shall hereafter be made, for the purpose of forming reservoirs dams"°to ^have
of water, without a sufficient wasteway, and which now are, penaUy^fo/ne-
or shall hereafter be found, inadequate to sustain the weight fion* proviso!
of water against the same, the owner of such dam or dams g. s. 1174 ;
shall immediately, or as soon as may be, cause the same to bciyge, iV.,"^?!*'
enlarged and strengthened, where they are already made and^io^ pf^'
are insufficient, and such as may hereafter be made, to be
erected in a substantial manner, with a sufficient wasteway ;
and if any person shall neglect to strengthen his or her dam
or dams already erected for the purposes aforesaid, where
necessary, or shall hereafter erect any dam or dams for the pur-
pose aforesaid, and which, (in either case) in the opinion of
three freeholders, or a majority of them, (to be appointed and
proceed in manner hereinbefore mentioned respecting surveys
of dams across rice grounds,) is or are not made and regu-
lated in manner hereby prescribed, every person so offending
shall, on complaint of any person or persons liable to be affected
thereby, and on conviction thereof in any Court of record in
the County where such offence is committed, forfeit and pay
the sum of five hundred dollars for every such offence, which
may be sued for, and, if recovered, be disposed of in manner
552 CIVIL CODE
A. D. 1902. .— —
^ Y ' aforesaid : Provided always, nevertheless, That nothing herein
contained shall extend, or be construed to extend, to subject
any persons who have made or shall make any banks or dams
to reserve water, to pay any damages which may be sustained
by the breaking of the said banks or dams when it is occasioned
by such violent rains and floods as would have caused such
damages to be sustained on the lands in question, though no
such bank or dam had been made, whereof the freeholders
aforesaid shall be the judges, anything herein to the contrary
notwithstanding.
Residents only gg(j_ 1462. Evcrv pcrson to be summoned as aforesaid shall
to be summon- - J^
rke knds"'com^ ^^ ^ resident in the County and neighborhood where his at-
pensation;pen-^gj^(j^j^^g shall be required, and upon being duly summoned,
attendance. ^^(^ attending any survey as aforesaid, shall be entitled to
R ^' s^' 1270- receive the sum of one dollar and fifty cents per day each, and
§6^^i87^o^^xiv^' ^^^ cents mileage going to and returning from the place of
399, §6. meeting, for every such attendance, to be paid by the person
against whom the verdict of the freeholders shall be given;
and in case of the non-attendance of any person, a resident,
and summoned as aforesaid, (unless prevented by sickness, or
some reasonable excuse to be made, upon oath, to the satisfac-
tion of such Magistrate,) then, and in such case, every such
person so neglecting to attend when summoned as aforesaid,
and without sufficient excuse as aforesaid, shall forfeit and
pay the sum of fifty dollars per day for every such neglect
or refusal.
Penalty on gg^ 1463. In casc anv ^Magistrate shall neglect or refuse to
Magistrate for . o o
iJf^rdat'ion'^to P^^ ^^^ provisious of this Chapter in execution, he shall forfeit
d a ni s a n d ^j^g ^^^ Qf twcntv dollars, which penaltv shall and mav be sued
arains. ' - - ' . .
G s 1176- ^Q^ ^^^ recovered by action in any Court of record in this
vi'ii, iii.,^6w! State, and shall be applied one-half to the State, to be disposed
§°^-' ' ' of by the General Assembly, and the other half to him or them
who will inform and sue for the same,
to ^ker"" wa^er ^^^- '^^^^- Nothing Contained herein shall be construed to
°^^^^^^''' ^ SLVLthorize any person or persons to keep water at any time
G. S. U77;
R. S. 1272;
1799, v., 356,
§1.
Ton anv lands other than his, her, or their own.
OF SOUTH CAROLINA.
ARTICLE II.
Drainage in Certain Counties,
Sec.
1465. Jurisdiction of County Boards
of Commissioners.
1466. Duty of land-owners to clean
out streams.
1467. Duty where stream is bound-
ary line.
1468. Duty of Board where owner
fails to clean stream.
1469. When Board may cause same
to be cleaned, and how.
1470. Board may condemn right of
way for drainage.
1471. Estimate to be made of costs ;
notice to land-owners.
1472. Assessment to be a lien on
land.
1473. Board to preserve all records.
1474. Consolidation of separate
proceedings.
1475. General power of Board in
cleaning streams.
1476. Power to make additional as-
sessments.
1477. Drain across railroad bed.
Sec.
1478. Guardians and committees to
be regarded as the owners
of lands.
1479. Notices how served on non-
resident.
1480. Vacancy on Board ; how filled.
1481. Statement of expenditures to
be kept.
1482. How costs are to be paid.
1483. Power of Board to borrow
money.
1484. How assessments are to be
collected.
1483. Assessments not to be stayed
by injunction.
1486. When stream is boundary be-
tween Counties.
1487. Certain Counties excepted
from provisions of Sections
1465-1486 inclusive.
1488. County Board of Commission-
ers to act as Commission-
ers of Health and Drainage
in certain Counties ; powers
and duties.
Section 1465. In addition to the jurisdiction and duties now ^ jurisdiction
■' ..of County
imposed upon them by law, the County Boards of Commission- b o a r d s o f
r ± ^ ' J ^ Comnnssioners
ers of the several Counties in this State shall be Commissioners in d r a i ning
swamps, &c.
of Health and Drainasfe, and shall have jurisdiction over the — -— — ;r7—
=' ' -' . . . 1900, XXIII.,
streams and the swamps and bottom lands in their respective sos, §i.
Counties. They shall have power and authority, and it shall
be their duty to see that the provisions of this Article are en-
forced and obeyed, and, for that purpose, they may employ
such assistance as may be necessary, and pay for same by war-
rants on the County Treasurer, which shall be paid out of any
funds in his hands for ordinary County purposes.
Sec. 1466. It shall be the duty of all land-owners to clean o°^7rstoS
out all streams upon and adjacent to their lands at least °t
twice in each year, at such particular times as said Boards may /;,., §12.
appoint, and according to the directions of said Boards, and
to keep the same clear of all obstructions to a free and unin-
terrupted flow of sand and water through the channels thereof :
Provided, That this Section shall not be construed to prevent the
erection and maintenance of any dam across any of said streams
for any useful purposes : Provided, further, That said Boards
their
CIVIL CODE
shall have power and authority to require the owner of any
such dam to build and maintain therein suitable and sufficient
floodgates and waterways to afford free passage through the
same of the sand and water, so that the streams above may be
properly cleaned out and the lands adjacent thereto properly
drained, for which purpose they may require the owner of any
such dam to open the floodgates or waterways therein and keep
them open for such reasonable time as they may deem to be
necessary.
See Criminal Code for penalty for violation of this Section.
er?"when°The ^®^" ^^^T. In casc any stream shall constitute the boun-
stream is(jaj-y betwccu adiaccnt owners, who do not agree amongst
boundary line. ^ J ' & &
~^T — 7"^ themselves what portion thereof each shall be required to clean
out, said Board shall, after hearing the owners interested, ap-
portion the same amongst them, and assign to each a specific
part thereof, and after such assignment the part so assigned
to each owner shall, for the purpose of this Article, be deemed
and held to be upon his land, and he shall be required to clean
out the part so assigned to him until another apportionment
shall be made, which may be done as often as said Board shall
think proper.
See Criminal Code for punishment for obstructing streams.
T^ ^ r Sec. 1468. When any land-owner shall fail or refuse, after
D u t y o f -^ ' ^
Board when j-gj^ davs' uoticc, to clcau out the Streams upon his land as herein
Ian d-o w n er - ' '^
fails to clean provided. Said Board mav cause the same to be cleaned out,
stream. r- ' .
— and the expense thereof shall be a lien upon the land of such
owner, prior and preferred to all other liens, except the lien for
State and County taxes, to be recovered by suit in the name
of said Board in any Court of competent jurisdiction.
w h en im- gee. 1469. Whercvcr it shall appear to the satisfaction of
practicable for -^^
owner to clean ^^[^ Board that it will be impracticable for the individual
out stream '^
the Board may owucrs to propcrly clcau out, widcu, deepen and straighten
cause same to r r j ' > x o
be done — ^i-^g channel of anv stream running through or adjacent to their
when and how. ■' . .
— r — r^ lands, or to do such work thereon and in connection therewith
lb., § 6. '
as may be necessary to properly drain the adjacent swamps
or bottom lands, and that the condition of said stream and
such adjacent lands is, or is likely to become, such that the
public health is, or will probably be, endangered thereby, they
may, in their discretion, take charge of said stream, and cause
the same to be cleaned out and the adjacent lands to be drained
as hereinafter provided. They ma}' change the width, depth
and grade of the channel, and cause the same to be re-located.
OF SOUTH CAROLINA.
Before any action shall be taken, a petition, stating the fore-
going facts, must be filed with said Board, signed by the owners
of a majority of the number of acres of swamp or bottom
lands on said stream for a distance not less than five miles
up and down the same, praying that said Board take charge of
said stream, and have the lands thereon drained under the pro-
visions of this Article. If the stream be less than five miles long,
the petition shall be signed by the owners of a majority of the
number of acres of swamp or bottom lands on said stream.
The petition shall state the following facts as nearly as they
can be ascertained by reasonable diligence and inquiry : The
point on said stream at which it is proposed to begin and end
the drainage : Provided, That said Board may extend the drain-
age at their discretion, also the number of acres of swamp or
bottoms thereon, between the points specified, owned by each
petitioner, and also the whole number of acres in the tract of
each, with a general description of the whole tract ; also the
names and the number of acres of swamp or bottoms on said
stream between said points owned by others than the petitioners,
and also the whole number of acres in each separate tract,
with a general description of the whole tract. The petition
shall be verified by the oath of one of the petitioners, and also
by a regular practicing physician of said County. In all pro-
ceedings under this Article, the Secretary of State shall repre-
sent the State, when the State is interested. Upon the filing of
such petition, the Board may make such further inquiry and in-
vestigation as they may see fit, including an estimate of the ex-
penses of the work necessary to be done ; for which purpose
they may employ such assistance, including the services of sur-
veyors, as they may deem necessary. For the purpose of
making such investigation and estimates, the said Board, and
all assistants appointed by them, or by their order, may enter
upon any lands on said streams, and make such investigation
and surveys. If, after such investigation, they decide that the
allegations of the petition are probably true, they shall cause
a notice to be served upon the owners of the several tracts on
said stream within such distance as the}'- shall determine, who
have not signed the petition, requiring them to show cause, if
any they can, at a time and place to be fixed in such notice,
why the prayer of the petition should not be granted. Such
notice shall be served not less than ten days before the day
fixed for the hearing. If, upon such hearing, the Board
CIVIL CODE
decide to refuse the prayer of the petition, they shall pass an
order or resolution to that effect, and the petitioners shall be
liable for all the costs and expenses incurred by said Board;
but if they shall decide to grant the prayer of the petition, they
shall pass a resolution or order to that effect.
B^arVto ""con- ^^^- ^^'^^- ^^^^ Board shall have power and authority to
o^/™wa ""^for condemn the necessary "rights of way" for the proper drain-
drainage. age of any such streams, swamps and bottoms. The right of
lb., §7. ^yay for such purpose over any lands owned by the State is
hereby granted. In case of the failure or refusal of any land
owner to grant such right of way for such purpose, or in case
an agreement as to compensation and damages therefor cannot
be made, and the right of way thus obtained, said Board shall
assess the compensation and damages therefor, after five days'
notice of the time and place of such assessment, which assess-
ment may be reviewed by a jury drawn and summoned as here-
after proAdded, for the review of the per cent, of assessment
for drainage, and the finding and verdict of such jury shall
be final : Provided, That said Board may, when found prac-
ticable, make their assessments for compensation and damages
for rights of way, and for the per cent, of assessments for
drainage at the same time. When the amount of compensa-
tion and damages for right of way shall have been fixed and
determined, if the same exceed the amount of the per cent.
of assessment for drainage against the land of such owner,
the Board shall draw their warrant on the County Treasurer
for such excess, and the same shall be paid by him out of any
funds applicable to ordinary County purposes, and charged to
such drain fund. And when the amount for compensation and
damages for right of way is fixed prior to any assessment for
drainage on the same land, it shall be paid and charged in the
same way, but said land shall be subject to the assessment for
drainage thereafter.
cosf^to^lfeV^t ^®^- 1471. Before proceeding with the work of drainage, the
™^^^- said Board shall make, or cause to be made, an estimate of the
lb., §8. (,Qg^ and expenses, including therein all moneys and expenses
paid out or incurred in reference thereto or in preparation
therefor; and they shall add to the total gross sum ten per
Assessments ccnt. thereof for contingencies ; and thev shall apportion the
to be made and , . , • i i i ^- " i i
notice given to per ccut. thcreoi to be paid by the Count v, and the per cent.
land -owners , ., ,. ,.,' . , .
affected. thereof to be assessed agamst and paid on account of and tor
each tract of land in their opinion involved, and the number of
OF SOUTH CAROLINA.
equal annual instalments, not exceeding five, in which the same
shall be collected. Such apportionment and assessment and ^j^f^^ °* ^^'
decision as to the number of instalments shall be subject to
review and correction, in the manner herein provided. The
owner or owners of any tract or tracts so assessed who may
feel aggrieved, may, within five days after notice of the assess-
ment, which notice shall contain the total estimated costs and
expenses and the per cent, thereof assessed upon his tract,
and the number of annual instalments in which the same is to
be collected, demand a review thereof by a jury: Provided,
Such owner shall file with the Board a bond, with surety to be
approved by the Board, conditioned to pay all the costs and
expenses of such review, if the assessment made by the Board
be sustained, or such part of said costs and expenses as the
jury may impose upon him. Upon the filing of such demand
and bond, the Board shall cause a jury of six disinterested
freeholders to be drawn and empanelled, as follows : The
County Auditor, County Treasurer and the Clerk of the Cir-
cuit Court shall, at the request of said Board, prepare a list of
eighteen disinterested freeholders, qualified under the laws of
this State to serve as jurors, and furnish the same to said
Board. The Board and the contesting land owner jointly shall
alternately select from said list, until six jurors and four super-
numeraries shall have been drawn. If such land owner fail
or refuse to participate in such drawing, the Board shall draw
all the jurors and supernumeraries. The Sheriff or any Con-
stable shall, at the request of the Board, summon said jurors
and supernumeraries to attend. If any juror drawn shall not
be summoned or attend, a supernumerary drawn by the side
which drew such juror shall be summoned in his place, at such
time and place as the Board may appoint. The Board shall
have power and authority to compel their attendance, the same
as Magistrates have in matters before them. The jury, when
empanelled, shall be duly sworn by one of the Board to fairly
and impartially decide the issues submitted to them. Jurors
and supernumeraries who attend or serve shall each be paid
one dollar per day, and the Sheriff or Constable shall be paid *
one dollar for serving each venire, and five cents per mile
for each mile of necessary travel, the same to be paid as herein-
after provided. Notice of the time and place of such review
shall be given to each land-owner whose lands are assessed.
At such review the contesting land-owner, or land-owners.
CIVIL CODE
if more than one, jointly shall be actors, and the proceedings
shall be presided over and conducted by the Board, who shall
have the same power to enforce order as Magistrates have.
After hearing the evidence and argument, and viewing the
stream or lands to be drained, if a majority of the jury desire
to do so, the jury shall examine and review all the assessments
made by the Board for the drainage of that particular stream
or locality. They may confirm or recast the same as they, or a
majority of them, shall deem to be just and equitable, and, in
like manner, they may decide the number of equal annual in-
stalments in which the same shall be collected, and what per
cent, and by whom the costs and expenses of the review shall
be paid. Their findings and report shall be in writing, signed
by them, or a majority of them, and delivered to the Board,
and the same shall be final and conclusive of the issues sub-
mitted. The jury may call in such assistance as they, or a
majority of them, shall desire, to prepare their findings and
report, to be paid for as other expenses. The finding and
report of the jury may be re-submitted to them by the Board
for corrections at any time before final adjournment of the
review.
shaii^b^^Tiien ^^^' ^^^^- ^^^hcu the Several assessments shall have been
upon the land, fixed, as herein provided, the same shall be and remain a lien
lb., § 9. upon the several tracts assessed, until the whole assessment,
and any subsequent assessment for deficiency, as herein pro-
vided for, shall have been fully paid, and said lien shall be
prior to all others, except the lien for State and County taxes.
Within thirty days from the completion thereof, duplicate copies
of such assessment roll, which shall contain the names of the
owners of the several tracts assessed, a general description of
each tract, the total amount of the estimated costs and expenses,
the per cent, thereof assessed against each tract, and the num-
ber of instalments in which the same is to be collected, shall be
filed, one in the office of the Clerk of Court and the other in
the office of the County Treasurer.
se?vf Vn ^It Sec. 1473. Said Board shall carefully preserve all petitions
^"'"'^^ and other original papers in any proceeding under this Article,
lb., § 10. gQ ^j^^^ ^Yiey may be conveniently referred to ; and they shall
keep a separate book, to be known as the record of drainage
proceedings, in which shall be recorded all such minutes of
their proceedings and such other papers as they may deem of
sufficient importance.
OF SOUTH CAROLINA. 559
A. D. 1902.
Sec. 1474. Separate proceedings, begun for the drainage of ^— -v-«»-'
different parts of the same stream or locality, may, in the dis- p^oceedfngl
cretion of said Board, be consolidated, at any time before the f^l\^^^ consoi-
assessments shall become final, and after such consolidation ^^^^ g -^^
the proceeding shall be conducted as one proceeding.
Sec. 1475. The said Board may cause any such stream to be er^^ of"Boa7d
cleaned out, widened, deepened or straightened, either or all, ^^^^^^"'^^^ °"*
as they may deem best, and may cause any such swamps and ~^~Yi^.
bottom lands to be drained in such manner as they may deem
best to subserve the end in view, either by contract or by hired
labor, or partly by contract and partly by hired labor, and
for that purpose they may purchase and pay for the necessary
machinery, tools and appliances. They may employ the chain
gang of the County in such work, making a reasonable charge
for the labor thereof, to be paid for out of the drainage fund
of the locality in question. The Board shall take good and
sufficient bonds for the faithful performance of all contracts.
Sec. 1476. In case the amount raised by the assessment first j^^jji^°aj;'(jft[on°-
made shall prove to be insufficient to complete the work and ^' assessments.
pay all the expenses thereof, the Board may make one ad- '^^■' ^ ^^'
ditional assessment, which shall be sufficient to cover all de-
ficiencies. Such additional assessment shall be on the same
percentage, and shall be collected in one instalment. There
shall be no review of or appeal from such additional assessment.
Sec. 1477. Whenever it shall be necessary to run any drain j-aHr'o^ad bed°^^
across the right of way and roadbed of any railroad, it shall be "TbTTiu
the duty of the railroad company owning or operating such
railroad, or any receiver thereof, to make and maintain a suit-
able opening or culvert therefor through and across the right
or way and roadbed. The failure of any railroad company
or receiver thereof to comply with the provisions of this Sec-
tion shall subject such company or receiver to the forfeiture of
ten dollars a day for each day's neglect, after thirty days' notice
served on any ticket or freight agent, or officer of such com-
pany or receiver. Such forfeiture to be sued for and collected
by said Board for the use of the drainage fund of that drain.
Sec. 1478. For the purposes of this Article, the guardians of &(P to^ be held
infants and the committees of persons of unsound mind shall ffnd°'^ST in-
be held to be the owners of the lands of their respective wards, ^^"ts, &c.
and tenants for life shall also be held to be the owners of the ^^•' ^ ^^■
lands of which they may be so seized.
In case any infant or person of unsound mind, interested in
56o CIVIL CODE
A. D. 1902. —
' V ' such proceeding, have no guardian or committee, the Probate
Judge of the County in which such proceedings may be in-
stituted shall, upon application of any other person interested,
appoint a special guardian for such infant or person of unsound
mind. Such special guardian shall appear for and represent
his ward in all subsequent proceedings under this Article. No
person shall be appointed a special guardian who may be inter-
ested in the proceeding.
be^'sei^"d™on ^®^' ^'^^^' In casc any owner be a non-resident of the County
lirwhen owS- ^" which such proceedings are instituted, it shall be sufficient, if
of statt?^ °'"^any notice herein required be served on the agent or tenant
jj, ^ g ;^g_ of such owner, or other person in possession of the lands to be
assessed. If no such agent, tenant or person in possession be
found, then such notice may be served by depositing a copy
thereof in the postoffice, sealed in an envelope, postage pre-
paid, directed to such owner at his last known place of resi-
dence. No proceeding shall be taken in pursuance of a notice
served by mail until after the expiration of ten days from the
deposit of the copy thereof in the postoffice.
B o^a r^d-how ^ec. 1480. The Clerk of the Court is hereby authorized and
filled. empowered to appoint a Commissioner pro tempore to act in
the place of any member of the County Board of Commissioners
who may be disqualified by reasons of personal interest in such
proceeding, or by relationship within the sixth degree to any
party interested therein. Such Commissioner shall not be re-
quired to give bond, but shall be sworn to faithfully discharge
the duties of said office while so acting.
staSment ""^o ^^°' 1^81. The Said County Board of Commissioners shall
^fj^^: make and keep a full and accurate financial statement and ac-
ih., 18. count of all expenditures made and incurred in connection with
each proceeding hereunder, and they shall, on request, exhibit
the same to and permit copies thereof to be made by any person
interested in such proceeding.
How costs Sec. 1482. The said Board shall draw their warrant on the
paid.
County Treasurer for the amount of the per cent, of the costs
and expenses assessed against the County under any drainage
proceeding as herein provided, and the said Treasurer shall pay
the same out of any funds in his hands applicable to ordinary
County purposes, and credit the same to the account of the
drainage fund of the drain for which it shall be assessed.
Sec. 1483. The said Board shall have power and authority to
borrow so much money as may be necessary to carry out the
Ih., § 19.
OF SOUTH CAROLINA. 561
A. D. 1902.
purposes of any proceedings under this Article, and to pledge as ^~-^v — '
a security for the payment of any obligation made therefor, „Power of
■^ ° ' Board to bor-
the assessments made or to be made under such proceeding, row money.
the rate of interest or discount on such loans shall not exceed ^^■> § 20.
eight per centum per annum. In no case shall the sum bor-
rowed exceed such sum as the assessment made will pay, to-
gether with the interest thereon. All money so borrowed shall
be paid over to the County Treasurer, who shall receive the
same and place it to the account of the drainage fund for which
it was borrowed.
Sec. 1484. The County Treasurers of the several Counties How assess-
. ments coUect-
of this State are hereby authorized and required to separate the ed.
assessments made under the provisions of this Article, according n-, § 21.
to the assessment roll delivered to them, against the several
tracts herein assessed, and to add the several annual assess-
ments to the State and County taxes due on such land, and col-
lect the same along with such taxes ; and they are hereby au-
thorized and empowered and required to enforce the collection
of such assessments in the same manner that State and County
taxes are collected, and to collect the same penalties and costs
on failure to pay the same, as for failure to pay such taxes.
All funds collected from such assessments shall be kept separate
from other funds, and placed to the credit of the drainage fund
for which they shall have been assessed and collected, and shall
be paid out on the warrants of the said Board. The County
Treasurers shall be liable for the proper custody and disburse-
ment of all drainage funds on and under their official bonds as
for other funds legall}^ in their hands.
Sec. 1485. The spreading upon the books, or collection of Assessments
assessments for drainage under this Article, shall not be stayed ed by injunc-
or prevented by any injunction, writ or order issued by any void by reason
Court or Judge thereof ; nor shall any proceeding under this '-
Article be held void in consequence of any error, irregularity or
informality therein, nor for neglect of recording thereof. All
such proceedings shall be liberally construed and may be
amended at any time, and may be had anew, if necessary.
Sec. 1486. When any such stream is the boundary line be- When stream
tween two Counties, the County Board of Commissioners of line between
the two Counties shall have joint jurisdiction in the drainage
thereof, and may divide the work and liabilities between their
County by sections or otherwise, at their discretion.
Sec. 1487. The provisions of Sections 1465 to i486 in-
36.-C.
Ih., § 23.
CIVIL CODE
elusive shall not apply to or be enforced in the following
tS'^xcep^ed"' Counties : Bamberg, Aiken, Greenwood, Colleton, Dorchester,
jfj^ g 24. Fairfield, Clarendon, Union, Chesterfield, Sumter, Edgefield,
Darlington, Richland, Berkeley, Lancaster, Barnwell, Hampton,
Florence, Beaufort, Horry, Kershaw, Lexington, Marlboro,
Pickens, York, Abbeville, Georgetown, Williamsburg, Saluda,
Anderson, Oconee and Chester.
ofcommifsTon'^ Scc. 1488. The County Board of Road Commissioners of the
Counties'^tnc't Countics of Abbeville, Beaufort, Chester, Colleton, Darlington,
as ComnussLon- Florence, Greenville, Laurens, Marion, Oconee, Pickens, Spar-
powe^'^anTdu- t^^b^^g"' York and Union, respectively, are authorized, in ad-
^^fi dition to the duties now imposed on them by law, to act as Com-
R.^'s^' 1279; missioners of Health and Drainage, and are empowered as such
8^1 8; "^1^ 8^2i Commissioners of Health and Drainage to act as follows, to wit :
fb.^^hz^'^^s, I- I^ ^11 cases where a land owner desires to drain his land
xx!,' 3^73'; 1893', ^^d ^s refused a necessary outlet upon or through adjoining
xxii.^^OT.^^^' l^iids, the said Commissioners are hereby empowered to hear
the case on petition and personal service, and to decide and fix
either compensation on the one side or assessment on the other,
and their decision in such case shall have the force of a legal
judgment.
2. In all cases where one-third of the land owners upon any
water course for a distance of not less than five miles up and
down the stream in said County, or (except in Laurens County)
where the water course is less than five miles in length, then
when one-third of the citizens along the entire length of said
stream shall desire to drain the lands upon such water course,
the said Commissioners shall, upon petition, personal service
and the testimony of one or more competent engineers, be em-
powered to make contracts for such drainage and impose the
proper assessment upon the various properties benefited by the
same, and the said assessment shall have the force of a legal
judgment; but, in both of the above mentioned cases, should
any party feel aggrieved by the decision or action of the Com-
missioners in the premises, it shall be lawful for him to appeal
to the Judge of the Circuit Court at the term of the Court
next ensuing, whose decision in the matter shall be final.
Non-petitioning land owners not benefited cannot be assessed. — Moore v. Barry,
30 S. C, 530; 9 S. E., 589; 4 L. R. A., 294.
3. In cases where the general health is seriously affected by
the condition of any water course, the County Board of
OF SOUTH CAROLINA.
Commissioners shall, upon petition and proof of at least one-
third of the land owners upon such water course, or of one-
third of the land owners within two miles on either side of such
water course, and not less than five miles up and down the
stream, which proof shall contain the affidavits of two
phyisicans, one of whom shall practice in the neighborhood,
make an estimate of the cost and proceed to drain such water
course as in cases heretofore provided for ; but if, in the opin-
ion of the County Board of Commissioners, the cost of
such drainage imposes too heavy an assessment upon the in-
dividual land owners upon such water course, they shall make
a report in writing of the estimate and opinion to the Judge
of the Circuit Court at the next ensuing term thereof, and if
he approve of such report and estimate, which approval shall
be in writing, the County Board of Commissioners shall con-
tract for such drainage, and after levying a fair assessment ^^^^^^y^ ^^^y *
upon all such property they shall charge the surplus of the cost
of such drainage to the County, to be carried into their esti-
mate for the County expenses for the next ensuing year, to be
defrayed by a tax levy on all the property in said township, to
be collected as the State and County taxes are collected.
4. In cases where the general health of the County or neigh-
borhood be seriously affected by the condition of any mill dam,
the County Commissioners of said County shall have the power
to remove the cause of such nuisance ; but a fair compensation
must be paid to the owner thereof, the same to be assessed upon
the property of those benefited by the removal of such nuisance.
They shall further regulate the condition of all mill dams in
said County by requiring the 'owners thereof to furnish such
mill dams with a substantial floodgate, if in their judgment the
health of the neighborhood or the drainage of the land above
the dams requires a floodgate to be placed in the dam, to be
opened at and kept open for such times as the said County Com-
missioners shall direct : Provided, That in Darlington, Florence
and Pickens Counties the powers herein conferred shall apply
to mill ponds and dams only: And further, That this sub-
division shall not be construed to oust the Court of General
Sessions of jurisdiction to abate any mill pond as a nuisance.
Any person or persons ordered by the Board of County Com-
missioners to put in a floodgate in any mill dam under the pro-
visions of this subdivision who shall fail to do so shall be
deemed guilty of a misdemeanor, and shall be punished by a
CIVIL CODE
fine not to exceed one thousand dollars, or be imprisoned for
not exceeding one year.
ARTICLE III.
Right of Way for Drainage.
Sec.
1489. Right to open waterway for
drainage.
1490. Proceedings when land-owners
object ; referees.
1491. Notice to non-residents.
1492. In cases of minors, lunatics,
&c.
Sec.
1493. Board of Referees ; appeal.
1494. Meeting of Board ; duties.
1495. Rights flowing from judg-
ment.
1496. Proceedings in case owner re-
fuses to appoint a referee.
wat'fr^Vay°^for Sectloii 1489. Any persons owning lands which can only be
drainage. properly drained through or over lands of other persons
1891, XX., 1050 through or over which there is no right of way, sufficient water-
way or ditch cut, are authorized, as hereinafter provided, to
enter, construct and cut a waterway or ditch through and over
such lands to the nearest waterway, ditch, stream or outlet then
existing.
where°serv\ent ^®^- ^^^O- ^^ the owucr or owucrs of such surrouudiug or
tenant objects. g^^j^,,gj^^ lauds shall signify his or their refusal to the opening
■^^- of a sufficient waterway or ditch through such lands without
previous compensation, the person or persons requiring such
Notice. waterway or ditch shall give ten days' notice in writing to the
person or persons through whose lands such waterway or ditch
is required of his intention to cut, open and establish such
waterway or ditch, naming in such notice a person who will
Referees. ^^^ ^g referee for him in the location thereof, and such owner
or owners shall, within ten days thereafter, appoint a referee
for the same purpose.
re'sfdents° "°"' ^^^' l^^l- In casc the owner of such adjacent land shall be
Y^ a non-resident of the State, such notice shall be a twenty days'
notice, and shall be served by delivering the same personally to
the agent of such owner, if any there shall be residing in the
County in which said land lies ; and if there be no such resi-
dent agent, then by publishing the same once a week for three
weeks in the County newspaper having the largest circulation
in said County, and also by mailing a copy of such notice to the
fiMtion."^ "°*'" owner at his last known place of abode ; and no proceedings had
under this Article shall be valid or effectual to conclude the
OF SOUTH CAROLINA. 565
— A. D. 1902.
rights of such owner unless proof of compliance with the pro- ^"'^v^-^
visions of this Section shall be made under oath, approved by
the said referees and recorded, together with their finding.
Sec. 1492. If the owner or owners, or either or any of them, mj^norsT^^una^
of such adjacent lands be a minor or minors, or non compos ^"^^' ^^-
mentis, such proceedings shall be had to bar the rights of such ^^•
minor or minors, or persons non compos mentis, as are now
provided by law in the case of condemnation of lands for streets
by municipal corporations.
Sec. 1493. The referees so appointed shall, within ten days i^°^^^ °^ ^^•
thereafter, meet at some convenient place and appoint a third J^
referee, and the three referees so appointed shall constitute a Action by.
Board of Referees for the location of such waterway or ditch,
and to determine the compensation and damages for the same,
from whose decision an appeal shall lie as in cases in Magis- Appeal. '
trates' Courts.
Sec. 1494. Within ten days after the appointment of a third Bo^^rd^.^'"^^ °^
referee, in compliance with the foregoing Section, the said J^^
referees shall meet, and proceed, faithfully and impartially, to
determine the question of location, compensation and damages j^^igg
submitted to them, for which purpose they shall inspect the
premises in reference to the proposed waterway or ditch, and
the quantity of land which shall be required therefor, with re-
spect alone to. the quantity and value and location of the land
which shall be required, and to the special damage the owner
may sustain by reason of the construction of the waterway or
ditch through his land, and the amount of compensation which
shall be made to the owner thereof, and shall render their ver-
dict in writing for the same.
Sec. 1495. Upon the payment of the compensation thus . ^'°^^^ ^°^^
ascertained, the right of way over said lands shall be estab- judgment.
lished, and the right to open and to repair the waterway or ib.
ditch from time to time shall forever remain inviolate ; and the
finding by the referees shall be recorded in the ofifice of the Record of
° -^ proceedings.
Register of Mesne Conveyance of the County, at the expense of
the party demanding such right of way, waterway or ditch.
Sec. 1496. If the owner or owners of the lands over which. Proceedings
in case the ser-
such waterway or ditch is required shall not, in compliance with yient tenant re-
■' ^ ... fuses to ap-
Section 1490 above, appoint a referee within the time required, point a referee.
the referee appointed by the person requiring such waterway or n.
ditch shall proceed the same as if all three referees had been ap-
pointed, and his action therein, in compliance with Section 1491,
CIVIL CODE
shall have the same force and effect as if the full Board of
Referees had acted.
CHAPTER XXXIII.
General Stock Law and Fencing Stock; and Special Pro-
visions as to Fencing Fields and Crops in Places Ex-
cepted.
Article i. General Stock Law.
Article 2. Special Provisions as to Fencing Fields and Crops
in Places Excepted.
ARTICLE I.
General Stock Law.
Sec.
1497. Animals prohibited from run-
ning at large ; exception ;
proviso as to Beaufort Co.
1498. Liability of owners of tres-
passing stock.
1499. Stock trespassing may be
seized ; penalty.
1500. When owner liable for main-
tenance ; how he may re-
cover possession.
Sec.
1501. Proceedings when owner un-
unknown ; advertisement and
sale ; proceeds, how dis-
posed of.
1502. Proceedings on failure of
owner to adjust penalties-
Section 1497. Except in the County of Horry and parts of
Animals pro-
hibited f r om
r u n n ing ^at other Couutics ill this State, which, by or under authority of
large ;
tions.
excep-
special Acts of the General Assembly, and subject to the condi-
^ G- s. ns4; tions therein contained, have been exempted and are now
xC. o. l28S;
1898, XX., 800. exempt from the provisions of this Article, it shall not be lawful
for the owner or manager of any horse, mule, ass, genet, swine,
sheep, goat or neat cattle of any description, or for any other
person, to permit the said animals, or any of them, or any other
domestic animal, to run at large beyond the limits of his own
land, or the lands leased, occupied or controlled by him, but
nothing contained in this Article shall prohibit the running at
large of said animals, or any of them, within the County of
Beaufort, excepting Pocataligo and Sheldon Townships, be-
tween the first day of December and the first day of March,
OF SOUTH CAROLINA.
and excepting Beaufort and St. Helena Townships so far as
swine are concerned.
Sec. 1498. Whenever any of said stock or animals shall be Liability of
•' owners of stock
found upon the lands of any other person than the owner or trespassing.
manager of the same, the owner of such trespassing stock shall g*^- fgsg^^^Vb^'
be liable for all damages sustained, and for the expenses of ^92, § 2.
seizure and maintenance, the said damages and expenses to be
recovered, when necessary, by action in any Court of com-
petent jurisdiction ; and the said trespassing stock shall be held
liable for the same, in preference to all other liens, claims, or
encumbrances upon it.
Plaintiiif entitled to such damages, whether he had conformed to law or not. —
Utsey V. Hiott, 30 S. C, 360; 9 S. E., 957. As to pasture across railroad. — Simkins
V. R. R. Co., 20 S. C, 263; Molair v. R. R. Co., 29 S. C, 152; 7 S. E., 60; Har-
mon V. R. R. Co., 32 S. C, 127; 10 S. E., 877.
Sec. 1499. Any freeholder or tenant of land, his agent or stock tres-
j- 1 passing may be
representative, may seize and hold possession of any of the seized; penalty,
foregoing animals which may be trespassing upon his prem- G. s. use; R.
ises, and as compensation for such seizure, may demand of §3.
the owner for every horse, mule, ass, genet, bull, ox, cow, calf,
or swine, the sum of fifty cents, and for every sheep, goat, or
other animal not herein named, the sum of twenty-five cents,
together with just damages for injuries sustained, which
reclamation shall, when possible, be laid before the owner of
the trespassing stock within forty-eight hours after seizure.
Sec. 1500. In case the claim shall not be amicably or legally When claim
not adjusted in
adiusted, and the trespassing animals recovered by the owner twelve hours,
■' ^ ° -r- -owner liable
within twelve hours after the receipt of such notification, the for sum to
. cover mainten-
owner shall further become liable in a sum sufficient to cover ance. Posses-
, . . . sion; how re-
the maintenance and care of his stock up to the time of its re- covered.
moval: but the owner shall be entitled to recover immediate g. s. ii87;
r ,1 -rill R- S- 1291; Ih.,
possession of his stock on due execution of such bond to cover § 4.
expenses and claimed damages as any Magistrate shall decide
to be good and sufficient.
Sec. 1501. When the owner of trespassing stock is unknown, Proceedings
^ ° when owner
said stock may be detained for the space of one week, awaiting" n k nown.
■' ^ > & When Magis-
the owner's action. It shall then be reported to and become trate to adver-
^ tise. When
subject to the orders of anv Magistrate in the County where sold, proceeds,
•^ . ^ o ^ J how disposed
the stock is taken up, who shall take such action in the premises of.
as will effectuate the purposes of this Chapter, by advertising g. s. iiss; r.
the said stock upon the Court House door and in two other xvii., 592, § 5.
public places in the said County, giving a full description of
the same and the causes of seizure, together with the. damages,
CIVIL CODE
costs and other allowances indicated by this Chapter, for the
space of ten days ; and at the expiration of that time, should the
owner of the stock not have appeared and paid all the expenses,
damages, and costs properly adjusted, as in this Chapter re-
quired, then the said Magistrate shall order his Constable to
make public sale of the same to the highest bidder for cash,
and out of the proceeds of such sale he shall pay the costs,
damages, expenses, and adjusted claims as in this Chapter al-
lowed, and the surplus, if any there be, shall be turned over
by said Constable to the Clerk of the Circuit Court for the
said County, to be by him paid to the owner of such stock
upon proper proof of such ownership ; and should the proper
owner of such stock or animal not appear and obtain such sur-
plus within one year from the time the same was turned over
to the said Clerk of the Court, then the said Clerk shall return
and pay over the same to the County Treasurer of the said
County, to be by him disbursed as County funds.
wh^n°"wne?s Sec. 1502. In cases where known owners shall, after notifi-
fuTt^^penaities'^' cation, ucglcct, for the period of three days, to adjust the legal
G. s. 11S9; demands against them provided in this Chapter, according to
lb., 593, leT^^'the plan of adjustment in Section 1500, all further proceedings
shall be taken under Section 1501 of this Chapter, as though
the owners were unknown.
ARTICLE II.
Special Provisions — Fencing Fields and Crops in
Places Excepted.
Sec.
1503. To what Counties confined.
1504. Portion of Berkeley exempted
from stock law.
1505. Portion of Berkeley and
Charleston exempted from
stock law.
1506. Portion of Berkeley exempted
during certain months.
1507. Portion of Clarendon exemp-
ted.
1508. Portion of Chesterfield ex-
empted.
1509. Portion of Colleton exempted.
1510. Portion of Dorchester ex-
empted.
1511. Portion of Williamsburg and
Florence exempted.
Sec.
1512. Portion of Florence exempted.
1513. Portion of Williamsburg ex-
empted.
1514. Partial exemption in Wil-
liamsburg during certain
months.
1515. Portions of Georgetown ex-
empted.
1516. Portions of Greenville ex-
empted.
1517. Portions of Hampton County
exempted.
1518. Portions of Hampton County
exempted.
1519. Portions of Kershaw County
exempted.
OF SOUTH CAROLINIA. 569
A. D. 1902.
Sec.
1520. Neighborhood pastures in
Lexington.
1521. Portions of Marion exempted.
1522. Neighborhood pastures in
Marion.
1523. Portions of Oconee exempted.
Sec.
1524. Portions of Pickens exempted.
1525. Lawful fence defined, &c.
1526. Trespass on fields by stock, &c.
1527. Action for injury to stock.
1528. Crops in certain sections to
be fenced.
Section 1503. The provisions of this Article shall apply only count iesVrV
to those Counties and parts of Counties where the law com- ^^^^^ ° ^^ ^°^'
monly known as the Stock Law is not of force. ~~^^ 5 ^394-
Sec. 1504. All that section of Berkeley County included ff^' ^^•' ^*'
within the following described limits and boundaries is ex- p o r t ion of
empted from the operation of Article I. of this Chapter, relating t^.''g^^^g^y^°g'Ji
to the general stock law : ^''°" *^^ ^^""^
p t e d
ti ttie stock
law.
Beginning at Hilton's Cross Roads, on the State Road, thence issi, xviil,
down the said road to the thirty-five mile post; thence along ^^^^^J^^^^-^q^'
a road leading from the thirty-five mile post to the residence of ^gf^^xx., 473-
Henry Measels, and from thence to a point where said road isigeo!'""' ^^•'
intersected by the lines separating the lands of Frederick Con-
nor and the late G. W. Shingler ; thence southward along the
line of Frederick Connor's land to where it is intersected by the
Colleton and Berkeley County line ; thence down the said line
to where it is intersected by the line of incorporation of the
town of Summerville ; then following Colleton County line
down to point opposite Eighteen (18) Mile Post on S. C. Ry. ;
then direct air line from Eighteen Mile Post on S. C. Ry. to
Mt. Holly on N. E. R. Rd. ; following N. E. R. Rd. South to
Sixteen Mile Crossing of N. E. R. Rd. with State Road ; down
State Road to Back River Road ; along Back River Road to
Hannahan's Canal ; along Hannahan's Canal to Foster's Creek ;
along Foster's Creek to Back River; along Back River to its
headwaters ; from headwaters of Back River through Chappel's
Swamp to Chappel's Church on Monck's Corner Road to Straw-
berry Road; then along Strawberry Road to Strawberry Sta-
tion on the Northeastern Railroad ; thence along the line of
the Northeastern Railroad to Oakley Station ; thence along
the road leading from Oakley Station to the Barrows ; from
thence along the road leading from the Barrows to Isaac
Brown's premises, at which point it will take a northerly di-
rection to the settlement belonging to the estate of D. M.
Winter, following then the line fence already constructed con-
tiguous to the plantations known as Bunker Hill, Summerset,
Hog Swamp, White Hall, Banesterdown, Ophir Wards, Duck
570 CIVIL CODE
A. D. 1902.
^"-""^^■^ Pond to Friendship Church, where it will take the Ridge or
Calamus Pond road to the Monck's Corner road to Calamus
Pond, along West Point road to West Point, and then along
New Road to Hilton's Cross Road, the commencing point.
Se-ction of gee. 1505. There shall also be exempted from the opera-
Berkeley and ^
Charleston ex- |;ions of said General Stock Law, that section of Berkeley
empted.
—^zrrrTr—r- and Charleston Counties bounded by a line commencing on
1889,Xa., 4(4; -^ ^
1884, XVIII., |-hg south bank of the Santee River, at the point where the
Northeastern Railroad touches the same, along the eastern
side of said track to a point where said track crosses the
Santee Canal; from that point along the eastern bank of
said canal to its southern extremity; thence, by the shortest
line, to the Cooper River road at Wadboo Bridge, and along
the Eastern Branch road to Hugh's Bridge on the eastern
branch of Cooper River; thence down said eastern branch
of said river to the main river ; thence down said river to
the Wando River ; thence up the western bank of said Wando
River to the Wando plantation ; thence to the seacoast ; thence
along the seacoast line of Charleston County to the mouth of
the Santee River, and along said river, the same being the
County line, to the point of intersection of the track of the
Northeastern Railroad with the said river.
B^e°rkeie°y"e°^ Scc. 1506. All of Berkeley County, except St. Andrew's, St.
winter oniy^°' John's, Collcton, and Christ Church Parishes, are exempted
1S94. XXL, from the effect and Qperation of Article I. of this Chapter, re-
9is;is92, xxi, j^ting to the General Stock Law, from the first day of December
of each year until the fifteenth day of March of each year : Pro-
vided, however, That this Section shall be of force and have
effect only between the last named dates.
See Sanders v. Venning, 38 S. C, 502, 17 S. E., 134, holding the Act 1887,
XIX., 973, void as class legislation.
To^wnshijs^ i S Sec. 1507. Mottes, Douglass, Mouzon, Midway, Mt. Zion,
eiempttT ^°' ^cw Ziou and Sandy Grove Townships, in Clarendon County,
• ~is84, xviiL, 3-re exempted from the operation of the General Stock Law.
fg'ofi 9"o^i; Sec. 1508. All that certain section of the County of Ches-
XXIII., 816. tei-field lying within the following boundaries, to wit : com-
c^esti°rfieid"^e"cing at a point to be determined by the County Commis-
Cminty exemp- gioncrs of Chcsterfield on the public road extending from Ches-
18 86, xix..terfield Court House to Society Hill, near S. W. Evan's mill,
|oo;i887, XIX, ^j^(j running thence in a southwesterly direction along or near
XXII., 361. ' ^Q ^jjg ijjjg between the Counties of Chesterfield and Darling-
ton to a point some distance beyond Big Black Creek, to be de-
OF SOUTH CAROLINA.
termined by the aforesaid Board of County Commissioners;
running thence in a westerly direction to another point on
Lynches River, somewhere below the junction of Cedar Creek
with Lynches River, this point also to be determined by said
County Commissioners ; continuing thence by a line up and
along or near to Lynches River to a point not far from the
junction of Big Sandy Run with the aforesaid river; running
thence from this point by a line a little east of north to a point
on the north side of Big Black Creek at or in the neighborhood
of the Burgess Hubbard place ; running thence by a line from
the last named point to a point near Pisgah Church ; and con-
tinuing thence the same line to a point on the public road be-
tween Chesterfield Court House and Bishopville, about eight
and one-half miles from Chesterfield Court House, from which
point the line is to be continued to a point on the north side
of the public road from Chesterfield Court House to Society
Hill, and about one mile east thereof, and about two miles north
of Big Juniper bridge ; thence to said bridge ; thence to John
Highland's, Sr. ; thence crossing the said road from Chesterfield
Court House to Society Hill and running parallel with it to the
beginning; or if the County Commissioners so direct, from
the said point on the public road between Chesterfield Court
House and Bishopville to Jerry Grant's mill ; thence down Bear
Creek to Thompson's Creek; thence down said creek to the
Cheraw and Darlington Railroad; thence parallel with said
railroad to a point opposite S. W. Evan's mill ; thence to the
beginning point, is exempted from the operation and provisions
of Article L of this Chapter "General Stock Law" : Provided,
That the residents of the section named shall build and keep Residents to
^ maintain
in good repair a fence along the lines above prescribed, such fences.
fence to be ftilly five feet high at every point and sufficiently
strong and close to protect the lands outside of said territory
from the incursions of all stock and animals named in the said
General Stock Law, and this exem.ption shall not take efifect
until said fence is completed, and shall cease as soon as there
is a failure to keep said fence up at any point.
The County Commissioners of Chesterfield and their suc-^^"*^^^ °^
J County C o m-
cessors in office shall, and they are hereby authorized and em- missioners.
powered in conformity with this Section to determine the pre-
cise location of the aforesaid lines at all points.
See Act providing for Commissioners to superintend fence and provide for its
maintenance, 1899, XXIII., 172. And election as to continuance of stock law
exemption, 1901, XXIII., 814.
572 CIVIL CODE
A. D. 1902.
^'—^^'^"^ Sec. 1509. The following portions of Colleton County are
CoHeton coun^ ^^^"^P^^*^ ^^°"^ ^^^ Operations of Article I. of this Chapter,
ty exempted, relating to the General Stock Law :
566^ 1891,'^x; ( ^ ) • -^^^ ^^^^ portion of Colleton County bounded north by the
xxi^^Ur ^fle Edisto River, south to the Little Salkahatchie and Combahee
fiLd''i886^ xix" I^ivers, east by Charleston and Savannah Railway and west by
xxni ^ \%\' ^^^ Barnwell line on the Edisto River, and running thence to
100^' "^^heid^un- ^^^ Little Salkahatchie River along the said Barnwell line.
fn° "utsey """v^ ^^^°' ^^^ ' ^^^ ^^^^ portion of Broxton Township, in the
c'°"60-% i' County of Colleton, embraced within a line running from the
E., 338. south of Willow Swamp, on Little Salkahatchie, to the Cross
Swamp Public Road ; from thence to and across to the Salka-
hatchie River, at or near the residence of A. T. Varn, along
the elbow of Cross Swamp Public Road : Provided, That the
residents of the section named shall build and keep in good
repair a fence along the line above described, such fence to be
fully five feet high at every point if built of rails, also to be well
staked and ridered, and sufficientl}^ strong and close to protect
the lands outside of said territory from the incursions of all
the stock and animals named in the said General Stock Law;
Conditions of ^"^ ^^^^ exemption shall not take place till said fence is com-
exemption. pletcd, and shall cease as soon as there is a failure to keep said
566^^^' '^^^■' fence up at any point.
Also, (3). All that portion of Glover's and Sheridan Town-
ships bounded on the north and east by the Edisto River, south
and west by a fence already built, said fence commencing at
W. B. Risher's plantation, on the Edisto River, thence in a
southerly direction to Logan's Causeway, thence in an easterly
direction to a point on the Edisto River about one hundred
yards above Sullivan's Ferry.
Also (4) . All that section within a line beginning at Parker's
Ferry, thence along the Parker's Ferry Road to Dellmar's Cross
Roads, thence along the road leading to New Road Station on
the Charleston and Savannah Railway to New Road Station,
thence along the Charleston and Savannah Railway to the
Edisto River, thence up the Edisto River to Parker's Ferry.
pfrisiffn^coi^ Also, (5). All that portion of Colleton County formerly
Lxemptoi '^ * ^ l^^own as Saint Paul's Parish, and so delineated on the old
1892, X X I., plats of the State, are exempted from the operations of the Gen-
^^"^^ eral Stock Law, as enacted in Article I. of this Chapter : Pro-
arfa!" ^ "^ ^ ^^"^ vided, This Section shall not apply to that portion of said Parish
Excepted sec- ^yi^g bclow a line running from the upper line of Stephen Barn-
OF SOUTH CAROLINA.
well's plantation at or near Wilton Bluff, on Pon Pon River,
to a point on Toogoodoo Creek at or near Toogoodoo Bridge
and down said creek to where the same enters into the North
Edisto River: Provided, further,' That the citizens of the terri-
tory exempted under the provisions of this Section shall build a ^^^^^ ^^ ^^^^^
fence from the said point on Pon Pon River to the said point
on Toogoodoo Creek, separating the portion above described
from the portion exempted under the provisions of this Section,
and construct a proper gate at said Toogoodoo Bridge to pre-
vent the passage of animals. Said fence to be kept up to the
heighth of four and one-half (4^) feet.
Upon the refusal of the land owners on the line to give or ^^|shts_of con-
allow the said fence to be constructed through or upon their
land, then the citizens of the territory to be exempted shall have
the right to proceed according to law to condemn said right of
way and sufficient timber upon the said line to build, maintain
and keep said fence in good repair, and upon the failure to keep
up the said fence this Section shall be void and of no effect.
All the residents within the section of country hereinbefore ^^.^j*°j5^g^° ^^^
described may allow their stock to run at large, and all the
fences for the protection of crops built within such section shall ^jj^yacter of
be close and strong enough to prevent roaming hogs from fences.
passing through, and at least five feet high, in order to allow
the citizen erecting such fence the privilege of impounding.
This exemption shall take effect immediately after the con- ^^^^f^ *° *^^^
struction of the fence above mentioned.
Sec. 1510. All that portion of Dorchester County included ^^ P°/tion^ g°J
within the following line is exempted from the operation and ^g°^^"^ty^^^*g™P;
provisions of Article I. of this Chapter, known as the General erai stock law.
Stock Law, during the months of December, January and Feb-g-^^?°^^g^^^.^^'
ruary, to wit: All that portion of Dorchester County embraced ^J^^^ ^^^^' ^^>
within the following territory, to wit : Beginning at the point
where the Southern Railway crosses the Four Hole Swamp,
thence along said swamp to the Edisto River, thence up said
river to the mouth of Indianfield Swamp to the Southern Rail-
way, down said railway to the starting point.
Sec. 1511. Those portions of Williamsburg and Florence ^;^'^|''*^^^ jJJ°j;"
Counties within the boundaries hereinafter described, are ['J''^^^^^'^ ^^'^^
exempt from the operation of Article I. of this Chapter, relating c^°p^ n^tjes ex^
to the stock law, that is to say, beginning at a point in Wil-^^^^""^^ ^*°'^^
liamsburg County, on Lynch's Creek, known as Half Moon ^^^ ■ xxiii.
Bluff, and running through the property of S. Poston to the^^^-
CIVIL CODE
Lake Road, thence along said road to Suggs Lierby's place;
then to and along the places of J. J. Eady, Fen Poston, Jeif
Powells, Jacob Evans, Ben Johnson, Robert Brown, Jr., Billy
Brown, A. A. Brown, J. Davis Carter, John Eady, A. A. Brown,
Calvin Brown, Auguis Gaskin, Bill Gaskin, John Poston, Joe
Gaskin, W. L. Eady, B. F. Lawrence, Sam Yarborough, Joe
Singletary, Eddie Brown, Arthur Brown, John Brown,
Bates place, Sam Brown, Bob Cameron, J. C. Lynch, Sam
Cameron, Bob Dukes, E. M. Burch, Homer Singletary, and
Henry Singletary ; then through Lynch's Lake ; thence through
the lands of J. H. V. Gaskins, R. Stewart, Quince Harold, S. G.
Godwin, W. T. Askin, J. D. Daniels, J. R. Grimesley, H. H.
Singletary, J. M. Thomas, S. B. Rogers, and Charley Kehy's,
at Lake City ; thence along the north line of the public road to
Guard Knight's, at the intersection of Florence County line;
thence to the Georgetown Road, and along said road to M. N.
Lee's, on Saw ]\Iill Road, to D. E. Lee's place; then through
lands of Isaac Lee and S. M. Lee, to Carraway Landing, on
Lynch's Creek, in Florence County ; thence along the southern
bank of said creek to Half Moon Bluff, the starting point, and
Lynch's Creek shall be the boundary line and shall be con-
sidered a legal fence within the exempted district : Provided,
That the County Commissioners of Williamsburg and Florence
Counties shall have the right to alter the lines herein provided
for by beginning at or near Lake City and extending the line
in a southerly direction as far as they may be petitioned so
to do; thence across so as to intersect with the fence on the
western boundary of said exempted territory ; and in case said
line is changed by the County Commissioners, said territory
so included shall be subject to all the provisions of this Section,
for "^ eJciSnl ^or the purposc of keeping in repair and building such fence
r^[?o'^JV^w^th as may be necessary to enclose the prescribed territory in this
fence. Section, the County Board of Commissioners of the Counties
of Williamsburg and Florence, respectively, are hereby au-
thorized and required, by contract or otherwise, to build
and to repair the fences now existing, and to keep the
same four and one-half feet high, and for this purpose there
shall be levied such tax as may be necessary; the amount of
said tax shall be fixed by said County Board of Commissioners
and collected each year upon all the live stock, of whatsoever
kind, running at large in said area, such tax to be levied and
collected at the same time and in the same manner as other
OF SOUTH CAROLINA. 575
'- A. D. 1902.
County tax. It shall be the duty of said Board of County Com- ""-^v^^^
missioners to meet -on or before the fifteenth day of April in
each and every year, in the prescribed territory in this Section,
and shall make all suitable arrangements, by contract or other-
wise, to carry out the provisions of this Section.
All owners of farms and persons cultivating lands, situated ^^^1^^^''^^^^'^'^^
within the exempted portions of said Counties, whether asP°'"^'°'^ uie?r
owners, tenants, renters or lessees thereof or otherwise are re- farms.
quired to enclose, and keep enclosed, their farms, fields in culti-
vation, and crops, with lawful fences ; and any of such persons
whose fields, farms and crops are not so enclosed, shall kill,
wound, maim, or in any manner injure any cattle, horses, mules
or any other live stock which shall be found in any such farm
or field, whether in cultivation or not, or cause or procure the
same to be done by any other person, shall be deemed guilty of
a misdemeanor, and, on conviction thereof, be punished by a
fine not exceeding one hundred dollars, or by imprisonment not
exceeding thirty days.
Sec. 1512. That portion of Jeffries Township, in Florence jg^°Jgg°t'Jf^°^
County, bounded on the north by the run of Black Creek, east ^"P' exLmpted
by the run of the Great Pee Dee River, and south and west stoc°k™iaw."^'^^^
by a line of fence now established and extending from Mars iggg, xx.,
Bluff Ferry, on said river, to Black Creek, thus embracing a^-^-
territory liable to overflow from said river and said cre^k, and ^^.^^ ^^ ^^^
only valuable as pasture lands, is exempted from the operation ^™p*^^'^^^'^*^'°^-
of Article I. of this Chapter, known as the General Stock Law,
and from all Acts amendatory thereof : Provided, Said line of Fences.
fencing be kept in good repair.
Sec. 1513. Sutton's, Lee and Lake's Townships, in Williams- ^j^^^^^^^. p^[{_
burg County, and all that section of King's Township bounded I'^msburg.
on the east by a line of fencing already completed, on the south sig^^^ser^^issi'
by Black River, on the west by Boggy Swamp, and on the-^^-^ ^2^-
north by a line of fencing connecting the farm fences of R. B. ^^ ted*^°'^ ^^
McClary, W. N. Fluitt, estate of J. C. McClary, R. F. Mc-^^sss, xix.,
Cottry and S. J. Tharpe, and thence to connect with the eastern 29^, 300.
boundary just south of the residence of John E. Scott. Also
all of that portion of Turkey and Mingo Townships which has
been fenced off from the rest of said County.
And also that section in Sumter Township, between the Cen- w^ilnamsburg
tennial and Darlington public road ; between the Green road to ^n,°p"ed.* ^ ^ ^
a line running from Thomas Murphy's, on the Lynchburg road, isss, xix.,
to Daniel Chandler's, on the Georgetown road, are exempt l^l; ^^^^' ^^^
576 CIVIL CODE
A. D. 1902. ^
^"^^■'^ ' from the operation of Article I. of this Chapter of the General
Partial ex- S^ck LaW.
emption m
iwmlbu/g.^^'^' ^®^- ^^^^- ^t s^^^^ ^^ lawful for the owners of stock to
Stock may ^^^ow the Same to run at large from the fifteenth day of De-
fTo m^DeceS member to the fifteenth day of March in each and every year
March iV * ° ^^ ^^^ following portions of Williamsburg County, to wit :
In the Townships of King and Turkey, and bounded as follows :
territory ^ * ^^^ *^^ ^^^ uorth by Holmcs Swamp until it connects with Cedar
^gg^ — ^^^ Swamp, and then by a direct line to the pasture fence at or
i^s. near L. P. McCullons, on the east by said "pasture fence," on
the south by Black River, and on the west by "Creepen Gully,"
along the public road to Aunt Ann's Branch, then Dukes Lane
and lands of W. J. Tisdale and J. M. Owens to Black River
at McKees Landing.
360^^^' ■^■^^■' And also in that other portion of Williamsburg County
bounded by a line beginning on Holmes Swamp, north of the
residence of ]\Iaj. J. B. Chandler, and thence a northwesterly
direction to Eliza Church ; thence with the old Georgetown
Road to the residence of Mrs. Coleman ; thence a line across
to the Potato Ferry Road at Ellis ^IcClary's ; thence following
the Potato Ferry Road to its intersection by Aunt Ann's
Branch.
Hamer v. Brown, 40 S. C, 336; 18 S. C, 938.
em bisection" ^^^ ^^^° ^'^ ^^-^ ^^^^ scctiou of Ridge Towuship bounded
~Y77^~^^by a line to begin on the public road known as the Lindsay
605- road at the northern boundary of H. W. Gaskin's land, and
thence running with said road to Lake Swamp, thence running
with northern side of said swamp to Brown's bridges across
said swamp on the Anderson Bridge road, thence running with
said Anderson Bridge road to the Indian Township line, thence
running with said line to where it crosses the old Georgetown
Railroad, thence running with said railroad to intersection
with the Kingstree public road, thence running with said
Kingstree public road to intersection with John Frierson's
private road, thence running with said private road direct to
the old Georgetown Railroad, thence running in a direct line
to the western boundary of J. P. Epps's land, thence running
a due northwest course to Frank Fleming's, thence running to
H. W. Fulmore's land, thence running directly northeast to
the aforesaid starting point on the Lindsay public road.
See Act 1880, XVII., 412, as to Section in Edgefield County, under which the
County Commissioners could be compelled by mandamus to keep fence in repair. —
State V. County Commissioners of Edgefield County, 18 S. C, 597.
OF SOUTH CAROLINA.
Sec. 1515. All those portions of the County of Georgetown
embraced within the boundaries hereinafter described are ^^ ° "^ ^^°^^ °*
G e o r getown
exempt from the provisions of Article I. of this Chapter, re- fed"" rom^G^S-
lating to the General Stock Law and fencing stock, viz : ist. erai stock law.
All that section having for its northern boundary the Black ^ g^^^^- ^vn..
River, for its southern boundary the Santee River, for its^m-j^^j-^jOO;
western boundary the line between the Counties of Georgetown ^^.^ ^l^^: ^^^i
and Williamsburg, and for its eastern boundary a line beginning ^s^^^- . ^-g^g^"
at Santee Ferry, extending along the Charleston public road to^g^^^^ 1022;
Sampit Ferry, near Georgetown, thence along the line of the^ssg, xx., 526.
corporate limits of the town of Georgetown to the Black River
road, and thence along said Black River road to Pringle's
Ferry, on Black River. 2d. All that section of said County ^j^jf'^"^'^ ^^^'
lying between Black River and Black Mingo Creek, and
bounded on the west by the line between the Counties of
Georgetown and Williamsburg. 3d. All that section of said
County bounded on the west by the County of Williamsburg, Third section.
on the south by Black Mingo Creek and Black River, and on
all other sides by the Great Pee Dee River.
There shall be built, and kept in good repair, a fence along Fences,
the line separating Williamsburg and Georgetown Counties,
between the Pee Dee River and Black Mingo Creek, said fence
to be five feet high at every point; if built of rails, to be well
staked and ridered, and sufficiently strong and close to protect
the lands in Williamsburg County outside the territory em-
braced in said third section, from the incursions of all stock
named in the General Stock Law : and this exemption shall not „ . .
' J^ Provisions as
take effect as to said third section of Georgetown County until ^?,jj*^^'^'^ ^^^'
said fence is completed and accepted by the County Commis-
sioners of said County : Provided, That whenever any part of -v/nnimsbur'*
Williamsburg County contiguous to the said third section ofii^ie.
Georgetown County is exempted from the operations of the
General Stock Law, it shall not be necessary to build the fence
along the line of such contiguous territory.
It shall be the duty of the County Commissioners of George- ^° ^ '^ ^ ° ^
-' -' " County C o m-
town County to build and keep said fence in repair, and to this missioners.
end they are hereby authorized and required, from time to time,
at the time of making their annual tax levy, to cause to be Tax levy.
levied upon all hogs, cattle, sheep, goats, and dogs, within the
above described third section of Georgetown County hereby
exempted, a sufficient tax for building and repairing said fence : Proviso as to
Provided, That the said County Commissioners shall accept ^"^^^'
37-— C.
578 CIVIL CODE
A. D. 1902.
^"-'■v ' any fence which is already built, or which shall hereafter be
built near the said line between Williamsburg County and said
third section of Georgetown County, as a compliance with the
requirements of this Section.
GrfenSn" Co^ ^^^' ^^l^. All that Certain section of Glassy Mountain Town-
leSf '^ sto°c'k ^^^P' ^^ Greenville County, lying within the following boun-
law. daries, to wit: Commencing at the North Carolina line, at a
empted section! P°^"t ^^ ^^^ ^0°^ °^ ^^c mouutaius, near Milton Trammell's;
18 8 9, XX., thence southeast to Saluda River, at a point near James Gbsnel ;
939.' ■^^^°' ^^" thence across said river and across Rich Mountain to Lindley's
Gap, near John Harrison's, on Pacolet River; thence down
said river to the Claybern Trammell place; thence to Lewis
Pearlis, via Austin Balew's ; thence to the upper end of Thomas
M. Balew's mill pond, via Mrs. Adams' and Cornelius
Wofford's; thence to Howard's Gap Road, on North Carolina
line at Flint Mills, via Mrs. Smith's place and Dr. Simpson's,"
E X e mption ^^' ^^^ ^he Same is hereby, exempted from the operations of
from stock law. ^j^g provisions of Article I. of this Chapter: Provided, That
bufit'and main^ ^^^ residents of the section named shall, at their own expense,
tained. build 2L good and sufficient fence along the line above described,
or, if already built, to keep the same in good repair, sufficient
to protect the lands outside of said territory from incursions
of all stock and animals named in said General Stock Law;
and this exemption shall not take effect until the said fence is
completed, or if already built, shall cease as soon as there is a
Gates on pub- f s-i^ure to keep up said fence at any point : Provided, further,
lie roads. That good. Convenient and substantial gates shall be placed on
all public roads crossed by this fence, at the expense of the
Penalty for residents of the boundary herein exempted ; and the penalty
^^Tn"^ sates -^qj. having Said gates open shall be the same as for leaving
Location o f P^sturc f cnccs dowu, as provided for in the General Stock Law.
boundary line, 'pj^g County Commissioners of Greenville County shall, and
they are hereby authorized and directed to, determine the exact
location of the aforesaid boundary line.
of^Rob^t^and ^^^- ^^^'^ • ^ ^ majority of the freeholders of Robert and
Townships'''^''i^ ^°°^^"^^^^^^^^ Townships, in Hampton County, shall petition
Hampton^^Co. ^j^g County Commissioners of said County so to do, it shall be
tioT'^ ^y ^^^*=' the duty of the said Commissioners to submit to the qualified
1886 XIX voters of said Townships the question of exempting said Town-
^23- ships from the operation of Article I. of this Chapter, relating
to the Stock Law; and if a majority of the qualified voters,
voting thereon, shall vote in favor of such exemption, said ter-
. OF SOUTH CAROLINA. 579
" A. D. 1902.
ritory shall be so exempted, and it shall be the duty of the ^"-^v— "^
County Commissioners to cause to be erected a good and sub-
stantial fence along the line of said Townships from low water Fences,
mark on the Savannah River to the Coosawhatchie River, and
thence along said river to such place thereon as in their judg-
ment said river is sufficiently deep to prevent stock crossing the
same. And along the Charleston and Savannah Railroad shall
cause to be erected and kept in repair good and sufficient gates Gates on r. r.
where said fence crosses any highway: Provided, That said Proviso,
exemption shall not go into effect until after the said fence has ^^^^^ ^° ^^''^
been built.
It shall be the duty of said County Commissioners to cause ^ Regulations
-' -' _ of election.
a notice of such election to be published in a newspaper pub-
lished in said County, once a week for three weeks, to appoint
Managers of Election for the polling places in said Townships,
and to discharge all of the duties and exercise the powers which
by law is given to Commissioners of Election in the State :
Provided, That no appeal to the State Board shall be allowed, No appeal,
but the decision of said Commissioners shall be final.
Should a majority vote in favor of said exemption as afore- ^^ Tax levy on
said, it shall be the duty of said County Commissioners, from
time to time, at the time of making their tax levy, to cause
to be levied upon the stock running at large within the said
Townships a sufficient tax for building and keeping in repair
the fence and gates provided for in this Section ; which tax
shall be collected in the same manner and at the same time
that State and County taxes are collected.
The territory hereinbefore described shall be exempt ^ ^o^n ^^^^^^""^shali
the operation of Article I. of this Chapter as aforesaid so long continue,
as said fences and gates are kept in repair, and no longer.
The election authorized in the above Section was to have been held in 1887.
Whether it was held, and the result is unknown to the codifier. The Act is in-
cluded with this explanatory note.
Sec. 1518. The County Commissioners of Hampton County, ^^ ^"^^^01^^°^^
upon the receipt by them of a petition or petitions of a majority is9o, xx.,
of the freeholders of the territory in said County hereinafter^^''-
described, are hereby authorized and required to levy a tax of ^° ^^^^ *^^"
not more than two mills on the dollar on all property within
said territory, for the purpose of enclosing said territory with a ^j[^ fenc*e.^°^^
three strand wire fence along its northwestern boundary, and
for erecting suitable gates on all public roads leading across
such fence, and the County Auditor shall duly assess and enter. Assessment
and the Treasurer shall duly collect, said tax levy at the same of tax.
58o CIVIL CODE
A. D. 1902.
^— ^v^' time as other taxes are assessed and collected in said County,
and the Treasurer shall hold such taxes subject to the draft of
the County Commissioners for the said purposes ; that said ter-
ritory or section to 'be so assessed for said tax, upon petition
as aforesaid, is bounded as follows : Northwest by the public
Area of ex- ^^^^ leading from Toby's Bluff, on the Great Salkehatchie
to^^yf*^*^ *^''"' River, to Varnville, on the Port Royal Railroad, and thence
to Hickory Hill, and thence to Stafford, and thence to Robert-
ville, and thence to Sisters' Ferry; and bounded south by the
Savannah River, north by the Great Salkehatchie River, and
east by the Charleston and Savannah Railroad ; and the said
Kind of County Commissioners shall erect said three strand wire fence,
fence. with Substantial posts and said gates, as soon as enabled so to
do by the funds realized from said tax.
Territory to Upou the complctiou of Said fence and gates along the north-
stock^'"iaw^°in wcstem bouudary of said territory as aforesaid, the said
part. territory shall be exempt from the operation of Article I. of
this Chapter so far as the same relates to cattle, horses, mules
and sheep, but there shall be no exemption therein from said
General Stock Law as to hogs and other stock not hereinbefore
enumerated.
Certain por- ^®^' 1519. All that Certain section of the County of Kershaw
Shaw °County ^j'^^S withiu tlic folloAving bouudaries, to wit : Commencing
the^^operation ^^ ^ poiut whcrc Little Lynchc's Creek empties into Lynche'si
Stodf Law.^^^^ River, and running thence up Lynche's River to the Lancaster
^ xix" ^^^^ ' thence along said line in a westerly direction to Little
xjai '796'^^^^' Lynche's Creek aforesaid ; thence down said Little Lynche's
Creek to the beginning point where Lynche's Creek and
Lynche's River intersect, is exempted from the operation of
the provisions of Article I. of this Chapter : Provided, That the
e r^e^c t^^fence residents of the section named shall build a fence along the
ed'se^tfcfn™''*' ^^^^^ described sufficiently strong and close to protect the land
outside of said section from the incursions of all stock and
animals named in said General Stock Law, and this exemption
shall not take effect until said fence is completed. That it shall
mEsron^rs^To ^^ ^^^ ^^^Y ^^ *^^ Couuty Commissioncrs of Kershaw County
rlpair^lftlr k ^° ^^^P ^^^^ fcuccs as uow ercctcd, or to be hereafter erected,
cfo n^e*c t ' tax ^^ound the exempted section, in general repair, and to this end
therefor, &c. ^j^gy ^j-g hereby authorized and required, from time to time, at
the time of making their tax levy, to cause to be levied upon
all cattle, hogs, sheep and goats within the above exempted
section a sufficient tax for repairing said fences, which tax
OF SOUTH CAROLINA.
shall be collected in the same manner and at the same time
that State and County taxes are collected ; that for the pur-
pose of building, rebuilding and repairing said fences, right
of way and all necessary timber shall be obtained in the same
manner as it is now obtained by railroad companies duly char-
tered; that said County Commissioners may at any time au-
thorize such changes in the location of said fences as may be
determined upon by said Commissioners and all the resident
freeholders interested in such changes ; that it shall be unlaw-
ful for any person in said exempted section to plant or cul-
tivate any crop which is not enclosed by a lawful fence ; and
the owner or manager of such crop shall, upon conviction, be
deemed guilty of a misdemeanor and subject to a fine not ex-
ceeding twenty-five dollars, or imprisonment not to exceed thirty
days : Provided, further, That good and substantial gates shall
be placed on all public roads crossed by this fence, and the
penalty for leaving them open shall be the same as for leaving
pasture fences down, as provided for in the General Stock Law :
Provided, further, That any landholder whose lands are on the
lines herein set forth may have his or her lands exempted from
the provisions of this Section by requiring the County Com-
missioners of said County to locate the boundary line or lines
so as to leave his or her lands without the territory embraced
within the boundary lines set forth in this Section.
2. All that certain section of the County of Kershaw lying p orVions of
within the following boundaries, to wit : East of the Ohio River ty exempt from
and Charleston Railroad, between Sanders' Creek on the south stock ^Law!^ ^
and Hanging Rock Creek on the north ; south of Hanging Rock isqs, xxii.,
Creek and Little Lynche's Creek; west of the public road, ex-
tending from Porter's Bridge, on Little Lynche's Creek, to
Camden, and north of Sanders' Creek between said railroad
and what is known as Tryon's Crossing of said creek, and of
a line by the most direct route from said crossing to the head
of Hyco on said public road from Porter's Bridge to Camden,
is exempted from the operation of the provisions of Article L of
this Chapter, entitled "General Stock Law" : Provided, That
the residents of the section named shall build a good and Residents of
sufficient fence along the lines above described to protect the tkin^^to*^ bufid
lands outside of said territory from incursions of all stock and ^^"*^^'
animals named in said General Stock Law ; and that this ex-
emption shall not take effect until the said fence is completed
and shall cease as soon as there is a failure to keep up said fence
582 CIVIL CODE
A. D. 1902.
^"""■^"^ at any point: Provided, further, That good, convenient and
erSed! *° ^^ Substantial gates shall be placed on all public roads crossed by
this fence, and, the penalty for leaving them open shall be the
same as for leaving pasture fences down, as provided for in
on^Hnt miy re- ^^6 General Stock Law : Provided, further. That any landholder
\&nd *bl^ *^eft whosc lauds are on the lines herein set forth may have his or
emptfon.°^ ^''' her lands excluded from the provisions of this Section by re-
quiring the County Commissioners of said County to locate the
boundary line or lines so as to leave his or her lands without
the territory embraced within the boundary lines set forth in
this Section : Provided, further. That said fence be completed on
or before the first day of January, 1899, and in case of failure
to complete the fence by said time, then this Section shall not
apply.
tirasVf'^Ker- 3- ^l^o all that Certain section of the County of Kershaw
from operation lyi^g' within the following boundaries, to wit: The right of
of Stock Law. ^^y q£ ^j^g Charleston, Cincinnati and Chicago Railroad Com-
Limits. pany. commencing at the five mile post from Camden, thence
111.9!^' ^ ^ ^" *o Hanging Rock Creek to Lynch's River ; thence along said
river to a point where it is crossed by the public road between
Camden and Cheraw, known as the Telegraph Wire road;
thence along said road to the five mile post from Camden, thence
to the starting point, exempted from the operations of the pro-
visions of Article I. of this Chapter, known as the Stock Law :
Provided, That the residents of the section named shall build
Fence. ^ good and sufficient fence along the lines above described to
protect the lands outside of said territory from incursions of all
stock and animals named in said General Stock Law; and this
exemption shall not take effect until the said fence is completed,
and shall cease as soon as there is a failure to keep up said
fence at any point : Provided, further, That good, convenient
and substantial gates shall be placed on all public roads crossed
Gates. j^y |.]^-g fgj^Qg^ and the penalty for leaving them open shall be
the same as for leaving pasture fences down, as provided for
in the General Stock Law : Provided, further. That any land-
holder whose lands are on the lines herein set forth may have
his or her lands excluded from the provisions of this Section by
eluded! ^ ^ ^^ requiring the County Commissioners of said County to locate
the boundary line or lines so as to leave his or her lands with-
out the territory embraced within the boundary lines set forth
Time f o r in this Sectiou : Provided, further, That said fence be completed
completion. ^^ ^^ before the first day of March, 1896 ; and in case of failure
OF SOUTH CAROLINA. 583
- A. D. 1902.
to complete the fence by said time, then this Section shall not ^^""^^^'"^
apply.
The County Supervisor of Kershaw County shall, and he
is hereby authorized and directed to, determine the exact loca-
tion of the aforesaid boundary lines : Provided, That the Gen- Lines,
eral Stock Law as it now exists shall apply to all stock not kept
within the lines prescribed in this Section.
Sec. 1520. Whenever any number of citizens, land-owners Neighborhood
. pastu res in
of Lexme^ton County, owning- contiguous tracts of land, shall Lexington
. . , . , , Cotmty. Form
enter mto a written agreement, under their hands and seals, of agreement.
in presence of two witnesses, setting forth their intention to is92, x x i.,
voluntarily establish upon their own lands a neighborhood pas-
ture, and the boundaries thereof, and shall have the same duly
•^ To be record-
recorded in the office of the Register of Mesne Conveyances ed.
for Lexington County in the book for recording deeds, and
shall build and maintain on said boundaries a good and lawful _
fence, the area so enclosed shall be exempt from the operations
Exemption
of Article L of this Chapter, known as the General Stock from stock
Law," so that the land owners within such boundaries shall
fence their farms, and permit their stock to run at large.
Any neighborhood pasture established as aforesaid may be Change in
enlarged or diminished by an additional agreement executed
and recorded as aforesaid.
No such pasture established as aforesaid shall be discon- pasture.'
tinned so long as the contractors, or their grantees, keep a
good substantial fence around the boundaries thereof, and so
long as a majority of the land owners within the boundaries
thereof desire that the pasture be continued.
All persons buying lands situate in any such pasture, of or p^^^g^^glrs"^"*
through the original contractors, shall be bound by the terms
of this Section as the original parties to the agreement.
The Statutes, 1886, XIX., 528; 1887, lb., 1057; 1889, XX., 528, and 1890, lb., 939,
which attempt to exempt certain Sections in Lexington County from the operation
of the stock law, having been held unconstitutional in Fort v. Goodwin et al.
Commissioners, 36 S. C, 445, 15 S. E., 723, are omitted from this Section.
Sec. 1521. I. All that certain section of the County of ^arTon c°ounty
Marion lying within the following boundaries, to wit: Com- Q^^^P^f "^ g^oc^k
mencing at the Shell Landing, on the Little Pee Dee River, ^^^-
and running in a westerly direction, following the public road 435^^^' ^^^•'
known as the Potato Bed Ferry Road to the upper or eastern
line of J. S. Johnson's land, and continuing thence through
the Buck Swamp, and across the public road leading to Brit-
ton's Ferry, into the River Swamp, and terminating at a place
584 CIVIL CODE
A. D. 1902.
^-""""v^"^ known as Ellis' Camp, on the Big Pee Dee River, and bounded
on all sides by the Big Pee Dee and the Little Pee Dee Rivers,
is exempt from the operations and provisions of Article I. of
this Chapter "General Stock Law" : Provided, That the resi-
f^ces bebuiit^ dcnts of the scction named shall build, and keep in good repair,
a fence along the line above described running across from one
of said rivers to the other ; such fence to be fully five feet high
at every point; if built of rails, also to be well staked and
ridered, and sufficiently strong and close to protect the lands
outside of said territory from the incursions of all the stock
and animals named in the said General Stock Law, and this
exemption shall not take effect till said fence is completed, and
shall cease as soon as there is a failure to keep said fence up
at any point: Provided, further. That said fence be completed
on or before the first day of March, 1896; and in case of failure
to complete it by that time, that then this exemption shall not
apply.
im^' ■^ ■^ ^" ^- Also, all of the Great Pee Dee swamps on the east side of
said river in Marion County from the Wilmington, Columbia
and Augusta Railroad to Dunham's Bluff, on the same river,
is exempt from the operations of Article I. of this Chapter,
entitled "General Stock Law" : Provided, That the residents of
Fences. the section named shall build, and keep in good repair, a fence
along the margin of said swamp from the river at one of the
points named to the river at the other point named, such fence
to be fully five feet high at every point ; if built of rails, also to
be well "staked and ridered," and sufficiently strong and close
to protect the lands outside of said territory from the incur-
sions of all stock and animals named in the said General Stock
Law; and this exemption shall not take effect till said fence is
completed, and shall cease as soon as there is a failure to keep
J E x^e m^ption gaid feucc up at any point : Provided, further. That said fence
main^tenancebe completed on or before the first day of January, 1889; and
in case of a failure to complete it by that time, that then this
exemption shall not apply.
188 8, XX., 2. Also, that part of Marion County embracing portions of
LeGette, Rowell, and Britton's Neck Townships, which ter-
ritory is hereinafter particularly described, be, and the same is
hereby, exempted from the operation of Article I. of this Chap-
ter, entitled "General Stock Law," to wit : commencing at Old
Lake Landing, on Little Pee Dee River; thence up the run of
said river to opposite B. F. Davis's, and opposite the line of
OF SOUTH CAROLINA.
fencing hereinafter followed ; thence in a northwesterly direction
with the existing fence to Terrell's Bay Church; thence west-
wardly with the fence to Friendship Church; thence south-
wardly with the fence along the eastern border of the Sand
Hills to Maple Swamp ; thence in an eastwardly direction with
the fence to Old Lake Landing at the beginning; thus having
the run of Little Pee Dee River for an eastern boundary, which
run is hereby constituted and declared to be a lawful and
sufficient fence, there being already a sufficient fence on the Fe»i"ng.
other borders : Provided, however, That said territory be kept
fenced properly on all other sides except the eastern border as
aforesaid, and that when for any cause the said territory shall
not be kept fenced by a lawful fence, this Section shall- cease to p a i i u re to
be of force, and the said territory shall be liable to all the pro- *^'^'=^-
visions of Article L of this Chapter in relation to the general
stock law and fencing stock.
4. Also, all that part of LeGette Township, in Marion f^^^^^^P-* J ° ^
County, embraced within the boundaries hereinafter described j^g^^g ^^ ^^"
shall be exempt from the provisions, operations and effect of iggi, xx.,
Article I. of this Chapter, entitled "General Stock Law," viz:^^°-
Beginning on Little Pee Dee River at Sandy Bluff; thence ^^^^ ^^ g^.
along the Sandy Bluff Road to the hillside fencing along Buck ^""Pt^d section.
Swamp, so as not to include the farming or arable lands west
of the Back Swamp to Charles Leonard's, on Little Pee Dee
River, below Gallivant's Ferry, thus including that territory
known as "Little Pee Dee Islands," the run of Little Pee Dee
River forming the eastern boundary of the territory so ex-
empted: Provided, however. That a good and lawful fence, ^^^^^^ ^^^
with good and convenient gates on all public roads intersected s^^^^-
thereby, shall be built and kept in good repair on said boundary
line from Sandy Bluff to Charles Leonard's, the run of Little
Pee Dee River being a sufficient lawful barrier on the eastern
boundary. The foregoing being the portion of LeGette Town-
ship to be thus exempt.
5. Also that portion of Brittains Neck Township, in Marion j/|^p^P^°^
County, lying east of Groves' and Negro Lake Swamps, is ex- ^^^'=^-
empted from the operation and effect of Article I. of this Chap-
ter, entitled "General Stock Law": Provided, It be lawfully Fences,
fenced and kept lawfully fenced on such sides as may adjoin
any section of any County not so exempted.
6. Also, that section of Marion County included within thcgol.®^^' ^^^'
following described limits and boundaries is exempted from
586 CIVIL CODE
A. D. 1902. ~
"""^^^^■^ the operation of Article I. of this Chapter, relating to the Gen-
eral Stock Law and fencing stock, viz : All the territory em-
braced within a line beginning on Elbert Stouley's land, where
it joins the Little Pee Dee Pasture; thence running across Wm.
Richardson's land in a westerly direction ; then across Dr. E.
L. Sweet's in same direction ; then running the line between
J. L. Gibson and Cade Thomas ; then crossing David Rogers's
lands; then joining the Bay Pasture, fence and running with it
to the Gibson Bay field; then crossing Gibson land and F. J.
Gasque lands and T. E. Stouley's and Valentine Rowell's and
estate land of Johnson B. Young; then running across the lands
of J. O. Brown, W. A. Brown, J. E. Stevenson, Blakeley
Young, 'the Giles's lands, where it crosses the public road on
the south side of Flat Swamp; then crossing land of Richard
Davis on the side of Flat Swamp ; then across the land of J. T.
Brown on the side of Flat Swamp till Catfish Swamp is
reached; then running down Catfish until it strikes Willie
Huett's land, known as the Maree field ; then across Catfish
Swamp to the River Swamp Pasture in W. D. Johnson's plan-
tation; then connecting with the River Swamp Exemption
down to Stewart Shaw's upper place ; then across to J. B.
Davis's plantation; then to Charley Law's plantation and run-
ning round on the south side of Jones Swamp to the Reserve
Swamp on the Law place, where the public road crosses the
latter swamp ; then still across the Law land until it reaches the
Bay Pasture fence, where the fence crosses the Reserve Swamp
Canal ; then running with the Bay Pasture, which is already
exempt, until it reaches the Gibson Bay field : Provided, Said
mSn^ained! ^^ territory be lawfully fenced and kept lawfully fenced on such
sides as may join any section not so exempted: And provided,
That this Section shall not apply or be of force to any person, or
as to the live stock of any person, who is not either a land owner
within the above described boundaries or a contributor of his
ci^eT"^ ^"^ or her share towards the erection and maintenance of the bor-
dering fences ; and the live stock of other than land owners
within said borders, or contributors to the fences thereof in
due proportion, may be impounded and disposed of under the
provisions of Article I. of this Chapter, relating to the General
pouifd!* *° '"" Stock Law and fencing stock, and the amendments thereto,
with all the remedies and penalties thereunder, as if the territory
in question were not exempted at all.
It shall be lawful for any party or persons interested in
OF SOUTH CAROLINA.
the building, repairs and maintenance of any boundary fence
enclosing said territory exempted as aforesaid from the opera- ^jj^^|^* *° '^^^
tion of Article I. of this Chapter, to enter upon the adjacent
lands of any person or persons whose lands are crossed or
included by such fence, and to cut sufficient convenient timber
to make rails or boards enough to build or repair, and to build
and repair, said fence across the lands of such person or per-
sons as may refuse or neglect to so build or repair said fence
across his, her or their own lands from time to time, as the
same may be necessary to render said fence lawful and sufficient
to insure the exemption of the territory embraced from the
operation of the General Stock Law as provided in this Section.
Sec. 1522. It shall be unlawful for any person to turn ^.ny ^^ ° ^Jf^^^\l
live stock, or to cause any live stock to be turned, into any^^"°" ^°^°^'
neighborhood or community pasture in Marion County ex- .^ggg^ xxii.,
empted by special Act or Acts from the operation of the Gen-^°^-
eral Stock Law, except such persons be at the time the owner g^^^j^ j^ p^g.
in fee, or for life, or for a term of years, of any land within ^^''^^ prohibit-
the limits of such pasture, or be at that time a joint builder Exceptions,
of or contributor to the erection and maintenance, or to the
maintenance, of the fence of said pasture by the common con-
sent of the neighborhood or community controlling such
pasture.
Any person who willfully violates the provisions of this Sec- Penalties,
tion shall, upon conviction, be deemed guilty of a misdemeanor,
and shall be subject to a fine not exceeding one hundred dollars,
or to imprisonment in the County jail not exceeding thirty days, j^jgj^^ ^^ j^.
Any live stock of any person not entitled to the privileges of p°^^^-
such pastures under the provisions of this Section which may
be found roaming within the limits of any such pasture in
Marion County shall be liable to be impounded by any person
lawfully interested in such pasture, and to be advertised and
sold, or to be delivered to the owner of such impounded stock ^^'^
on the same terms and conditions and according to the pro-
visions of Article I. of this Chapter, entitled General Stock
Law and Fencing Stock, that is to say, the territory within the
limits of such pastures in Marion County shall be exempt from Exemp tion
the operation and effect of the General Stock Law, so far as |Xed.°''^ ^^"^
the persons lawfully interested therein according to this Sec-
tion are concerned, but not so exempt as to any other person or
persons whomsoever.
Sec. 1523. That portion of Oconee County beginning at J. H.
588 CIVIL CODE
A. D. 1902.
Whitmire's, on Keowee River, and running to J. M. Whit-
mire's, on Whitewater River, via R. D. Talley's, A. Crow's, J.
empted^r/o^m Crow's, L. Crow's and Isaac Crow's, now enclosed by a fence,
the Stock Law. {^ exempt from the operation of Article I. of this Chapter
523^^ ^' ^ ^" relating to the General Stock Law : Provided, Said line of fence
1899, xxiiL, be kept in good repair.
Also, all that portion of Oconee County, in said State, which
is hereinafter described, is exempt from the operations of the
General Stock Law, viz. : All that territory embraced within
the boundary of the Chatooga River on the west ; the Toxoway
River on the east ; the North Carolina State line on the north ;
and a line run by J. H. Wigington, surveyor, across said
County, beginning at a point on the west side of Toxoway
River, about one-half mile above the mouth of McKinney's
Creek, in the lower end of J. H. Whitmire's place ; thence N. 4
deg. W., a distance of about two miles to Crow's Mill ; thence
S. 64 deg. W., about one mile across Smeltzer's Creek to the
Rock House Gap; thence N. 85 deg. W. across Corbin's Creek
to Coward's old place, on the new public road from Walhalla
to Sapphire, N. C. ; thence S. 47 deg. W. across Alexander
and Cherokee Creeks, by Jesse Lay's mill, about three and one-
half miles on to F. L. Moody's old mill site ; thence N. 48 deg.
W. about one mile to Staten Cantrell's place ; thence S. 26 deg.
W. about five miles by way of Keith's quarter ; thence to Reuben
Lee's ; thence to the Cherry place ; thence to Green's place ;
thence to Nichols' place; thence to S. H. Davis' place; thence
to W. J. Neville, Jr. ; thence to Nicholson place, on Chatooga
River : Provided, That the people living above and along the
aforesaid line, and immediately below said line, who may desire
to enjoy the benefits of said exemption, shall build, erect and
maintain, in the manner hereinafter provided, a good, substan-
tial and lawful rail, wire or plank fence along the entire dis-
tance of said line, and construct, hang, and keep in repair, good
and convenient gates, with secure fastenings, for each crossing
of a public road by said line fence : And provided, further. That
for the purposes of this Section the Chatooga River on the
west, the Toxoway River on the east, and the North Carolina
State line on the north be, and the same are hereby, declared
to be lawful fences ; and stock of any kind crossing either of
said boundaries into the exempted territory of said County and
running at large, shall be regarded as trespassing and liable to
be seized and held for forty-eight hours, subject to the pay-
OF SOUTH CAROLINA. 589
A. D. 1902.
ment of the costs of seizure, fifty cents each, and expenses of ^"-^>^'"'~^
feeding and damages, if any ; and after the lapse of forty-eight
hours such trespassing stock may be estrayed and sold as tres-
passing stock prescribed under the laws of this State by the
nearest Magistrate of said County, after five days' notice in
writing of the time, place and terms of such sale, posted in
three public places in the neighborhood, unless the same shall
be sooner redeemed by the owner paying all charges against
the same, including costs of such sale.
For the purpose of building, erecting and permanently main- gvided for.'^^
taining the line fence herein provided for, each able-bodied
male person above the age of sixteen years, living within the
exempted portions of said County, or just below and imme-
diately along said line, and on lands through which the same
is located or borders, who may desire to share in the benefits
thereof, shall be liable annually to work three days on said
line fence, if required, under the direction of the Supervisor
and Overseer of his section as hereinafter provided for, or to
pay annually, on or before the fifteenth day of February in
each year, to said Supervisor, the sum of one dollar and fifty
cents as commutation in lieu thereof, to be expended by him
in repairing and keeping up the said line fence in his section.
S. H. Davis, Lewis A. King, Jesse Lay, Jr., J. H. Wigington, ,fi^,P fence."
and J. H. Whitmire, be, and they are hereby, designated,
created and declared the Supervisors of the said line fence
across said County herein provided for during the term of two
years from the date of the approval of this Section, and until
their successors have been elected ; whose duty it shall be to
meet, as soon as practicable, and divide, as hereinafter directed,
said fence line into five convenient sections, and designate them
by numbers, and apportion them amongst themselves, and en-
roll the names of all persons liable to work and assign the labor
thereof, and each take charge of his section and overlook the
same, and see that a lawful fence, as required in this Section, is
built, erected, kept in repair and maintained in the manner
and by the labor and means herein provided during the term of
his appointment. The Supervisors herein provided for shall
serve for a term of two years, and until their successors
shall have been elected, by a majority of those present in public
meetings of the persons liable to work in each section, called
for the purpose of such election, of which ten days' posted
CIVIL CODE
notice in writing shall be given, signed by the Supervisor, the
Overseer and any of the hands of the section,
to^ appTin^t Each of said Supervisors shall appoint one or more over-
to^buifd^ience° secrs of hands for his section of said line fence, as he shall
deem necessary, whose duty it shall be to direct and superintend
all work and labor assigned him in building, repairing and
maintaining his section of said fence, subject to the general
control and direction of his Supervisor. That each Overseer
may appoint a warner to notify the hands assigned him, at
least twelve hours in advance of the time and place of meeting,
for work on his section of said line fence, and also of the tool
or implement that he is required to bring to work with ; and
upon the failure, neglect or refusal of any person or persons
liable to the same, when so notified to work, or to pay the com-
mutation in lieu of work in building or repairing and maintain-
st^k.^^^^^^'"^ ^^S said line fence, such person or persons shall not be entitled
to the benefits of such exemption, but shall be required to en-
close all his stock, in addition to his farm and crops; and if
any stock belonging to such person or persons shall be found
running at large within the boundary of said exempted ter-
ritory, the same shall be subject to seizure, and held liable for
fifty cents per head as compensation for seizure, and also for
the expenses of feeding and care of such animals, and for all
damages committed by them, if any ; and after forty-eight hours
such trespassing stock may be estrayed and sold after five days'
notice, as prescribed in this Section, unless the same shall be
sooner redeemed by the payment of all costs and charges
against said stock by the owner thereof, or some one in his
behalf.
trSp^a^s'^s^fn^l ^^7 persou or persons who shall rescue or forcibly deliver
meaner "^^^^^' any trcspassiug stock, after the same has been seized and is
being held under the provisions of this Section, shall be guilty of
a misdemeanor, and may be tried by any Court of competent
jurisdiction in this State, and upon conviction thereof, shall be
sentenced to pay a fine not exceeding the sum of one hundred
dollars, or to be imprisoned in the County jail, or to labor on
the public works in said County not more than thirty days.
in^fhe'exemS- ^^^ owuers of famis, and persons cultivating lands, situate
lncios?farms° within the exempted portions of said County, whether as
owners, tenants, renters or lessees thereof, or otherwise, be, and
the same are hereunder, required to enclose, and keep enclosed,
their farms, fields in cultivation, and crops, with lawful fences ;
OF SOUTH CAROLINA.
and any of such persons whose fields, farms and crops are not
enclosed with a lawful fence, who shall kill, wound, maim, chase,
worry or in any manner injure any cattle, horses, mules, goats,
sheep or hogs which shall be found in any such farm or field,
whether in cultivation or not, or cause or procure the same to
be done by any other person, shall be deemed guilty of a mis-
demeanor, and, on conviction thereof, be punished by fine not
exceeding one hundred dollars, or sentenced to imprisonment
in the County jail, or to labor on the public works of said
County for a term not exceeding thirty days.
Sec. 1524. All that portion of Pickens County lying within pj^^J'^g^^^^j^^^
the following boundaries, to wit : Commencing at the North stociT Law'^"™
Carolina line at the head of Big Eastatoee Creek, thence down ^ggg xxii.
the Big Eastatoee Creek to its mouth, thence up Keowee River ^^^•
to Toxaway River, thence up Toxaway River to the North
Carolina line, thence the North Carolina line to the beginning,
is exempted from the operations and provisions of the Gen-
eral Stock Law contained in Article L of this Chapter: Pro-
vided, That the residents of the section named shall, at their
own expense, build a good and sufficient fence along the line
above described, or if already built, to keep the same in good
repair, sufficient to protect the lands outside of said territory
from incursions of all stock and animals named in said Gen-
eral Stock Law, and this exemption shall not take effect until
the said fence is' completed, or if already built, shall cease as
soon as there is a failure to keep up said fence at any point:
Provided, further, That good, convenient and substantial gates
shall be placed on all public roads crossed by this fence, at the
expense of the residents of the boundary herein exempted ; and
the penalty for having said gates open shall be the same as for
leaving pasture fences down, as provided for in the General
Stock Law.
Sec. 1525. All fences closely and strongly made of rails, j^J^^f^^f^Jf^g^^
boards, or posts and rails, or of an embankment of earth capped ^ggg^ ^x., is;
with rails or timber of any sort, or live hedges, five feet inggg? isg?,^/!;;
height, except in the Counties of Berkeley, Dorchester and^Q^' ^^^^' ^^•'
Horry, where they shall be four and a half feet in height,
measured from the level or surface of the earth, shall be taken
and deemed to be lawful fences ; and every planter shall be
bound to keep such lawful fence around his cultivated grounds, p-gnces to be
except where some navigable stream or deep water course shall maintained.
be a boundary of such cultivated grounds, in which case such Water courses.
592 CIVIL CODE
A. D. 1902. '
^""""^'''""^ navigable stream or water course shall be deemed sufficient
fence : Provided, always, That, before he avails himself of the
provisions of this Section, he shall apply to a* Magistrate of
the County, who shall, from the names of seven freeholders of
the vicinage, draw, by lot, three, who are hereby required to
view the premises, and pronounce upon the sufficiency of the
said water as an inclosure, according to the true intent and
meaning of this Section.
Land surrounded by a deep navigable stream is sufficiently fenced, so as to
render hunters, as well as horses, cattle and hogs, trespassers. — Fripp v. Hasell,
I Strob., 173.
stock ^^^^^ ^^ ^^^' 1526. If any horses, mules, cattle, hogs, sheep, or goats,
1888, XX. 13. shall break into or be found in any field, in which shall be grow-
ing, or ungathered, any grain, cotton, or vegetable production,
raised for market or domestic consumption, the said field being
inclosed with a lawful fence according to the provisions of this
Article, it shall be lawful for the owner or possessor of such
stock.' ^""^^ °* field to seize such horses, mules, cattle, hogs, sheep, or goats,
and impound them ; after which all the provisions of the Gen-
eral Stock Law of this State, as to notice to owner O'f stock, re-
lease of same, and disposition thereof in case the owner does not
obtain such release, and all provisions and penalties of the
same as to pound breach shall apply.
inTuringf chas^ ^^^- 1527. If any person whose fields are not inclosed by a
mg, &€., stock, lawful fence shall kill, wound, maim, chase, worry, or in any
manner injure any cattle, horses, hogs, sheep, or goats, which
shall be found in such field, whether cultivated or not, or shall
cause or procure the same to be done by any other person, such
person so offending shall be liable to an action, and the plaintiff
shall recover full satisfaction for the injury, with costs.
Where the general stock law is not in force, the entry of domestic animals on
railroad track is not a trespass. — Murray v. R. R. Co., 10 Rich., 227.
tions not un- Scc. 1528. It shall be unlawful for any person in any County
to be planted or scctioii which is exempt from the operation of the General
fence. Stock Law to plant or cultivate any crop which is not enclosed
1889, XXII., by a lawful fence, as defined in this Article.
360.
OF SOUTH CAROLINA.
TITLE XL
OF THE REGULATION OF TRADE IN CERTAIN
CASES.
Chapter XXXIV.
Chapter
XXXV.
Chapter
XXXVI.
Chapter
XXXVII.
Chapter
XXXVIII.
Chapter
XXXIX.
Chapter
XL.
Chapter
XLI.
Chapter
XLII.
Regulations respecting Coiiiniercial Fer-
tilizers, Cotton, the Inspection and
Sale of Provisions and Other Mer-
chandise, and the Inspection of Tim'
her and Lumber.
Auctions and Vendues.
Weights and Measures.
Pilotage. ■
Money; Interest; Bills of Exchange and
Promissory Notes; Agency.
Limited Parterships.
Common Carriers; Warehousemen and
other Bailees for Hire.
Hazukers and Peddlers.
Pawnbrokers.
CHAPTER XXXIV.
Regulations Respecting Commercial Fertilizers, Cotton, the
Inspection and Sale of Provisions and Other Merchan-
dise, and the Inspection of Timber and Lumber.
Article i. Commercial Fertilizers.
Article 2. Cotton.
Article 3. Inspection of Flour; Grain.
Article 4. Gauging Liquors ; Naval Stores.
Article 5. Pork and Beef; Rice: Staves and Shingles,
Article 6. Inspection of Timber and Lumber.
38.-C.
k
CIVIL CODE
ARTICLE I.
Commercial Fertilizers.
Sec.
1537. Fertilizers to be labelled ;
how.
1538. Labels to be filed at Clemson
College, &c.
1539. Chemist's sworn certificate as
evidence, &c.
1540. Purchasers of fertilizers may
have same analyzed ; pro-
cedure.
1541. Certificate of analysis as evi-
dence.
1542. Forfeit where fertilizers fall
below grade.
Sec.
1529. Fertilizers to be inspected.
1530. Experiments with to be made
by Trustees of Clemson
College.
1531. Board of Trustees to appoint
Inspector.
1532. Board of Trustees may em-
ploy Analyst.
1533. Fertilizer tax ; exemptions
from.
1534. Inspection tags to be issued.
1535. Inspection tags, when and by
whom to be cancelled.
1536. Tax to be paid before inspec-
tion ; sale without tags pro-
hibited ; forfeiture.
be^fn1i!icted.*° Sectioii 1529. The Board of Trustees of Clemson Agricultural
1S96 xxiL, ^^^ Mechanical College, to prevent the practice of fraud and
^^- imposition in the manufacture and sale of fertilizers and ferti-
lizing materials, shall cause fertilizers sold or offered for sale
within the State, whether manufactured within or without the
State, to be inspected, so as to determine the agricultural value
of the same as applied to farms, trucking, gardens, orchards
Experiments ^"^^ crops growu withiu this State.
Sec. 1530. The said Board of Trustees shall cause experi-
w i t h, to be
made by Trus-
son. °^ ^^*'™' ments to be made with the several kinds of fertilizers and fer-
Ib.
tilizing materials offered for sale within this State. And the
said Board of Trustees shall cause the result of the use of such
fertilizers and fertilizing materials to be reported, and shall
have said reports classified and published in the bulletins of the
said college and cause said bulletins to be mailed free of
charge to any citizen of this State who shall file application
therefor.
Sec. 1531. The said Board of Trustees shall appoint and
control one or more persons or inspectors, who shall secure
for the Board samples of said fertilizers and fertilizing mate-
rials, and shall cause such samples to be forwarded to Clemson
Agricultural and jMechanical College, there to be analyzed and*
otherwise experimented with, and who shall perform such other
May employ dutics as the Board may direct,
duty off &r*' Sec. 1532. The said Board of Trustees shall employ an
analyst skilled in agricultural chemistry. It shall be the duty
Board to ap-
point Inspec-
tors.
lb.
lb.
OF SOUTH CAROLINA. .595
~ A. D. 1902.
of said chemist to analyze such fertihzers and other materials ^"-^v^-^
as may be required by the Department of Agriculture, and to
aid as far as practicable in suppressing fraud in the sale of
commercial fertilizers. He shall also, under the direction of
said Department, carry on experiments on the nutrition and
growth of plants, with a view to ascertaining what fertilizers
are best suited to the various crops of this State, and whether
other crops may not be advantageously grown on this soil, and
shall carry on such other investigations as the Department may
direct. He shall make regular reports to the said Department
of all analysis and experiments made; the results of all analy-
ses of officially drawn samples of fertilizers and fertilizing ma-
terials shall be published in bulletins which shall be ready for
distribution as follows : The results of all analyses of samples
officially drawn during the months of November, December and
January, February and March of fertilizers, commercial ma-
nures and fertilizing materials shipped during the said months,
shall be printed and ready for distribution by April 20th, fol-
lowing, and shall bear upon all fertilizers of similar brands
shipped during the aforesaid months. The results of all analy-
ses of samples officially drawn during the months of April,
May, June, July, August, September and October of all ferti-
lizers, commercial manures and fertilizing materials shipped
during the said months, shall be printed and ready for distribu-
tion by November 20th following, and shall bear upon all fer-
tilizers of similar brands shipped during the corresponding
months.
Sec. 1533. For the purpose of defraying the expenses con- J^g^^'I^^^J^^j'
nected with the inspection of said fertilizers and fertilizing ma- ^^^^^ "^^ "^^
terials sold and offered for sale in this State, and the experi- ^^ . ^ ^
ments relative to the value thereof as aforesaid, there shall be^,^|' ^- S-
a charge of twenty-five cents per ton on such fertilizers and fer-
tilizing materials, which shall be paid to the State Treasurer
before the delivery to railroads, agents, dealers or consumers
of this State, except on goods shipped in bulk to manufacturers
for manufacturing purposes only : Provided, That said Board
of Trustees shall have the discretionary power to exempt such
natural materials as may be deemed expedient.
Sec. 1534. The Board of Trustees of Clemson College, ^^i^spe<: t i o n
or their agent, shall issue inspection tax tags or stamps for such
person or persons, company or corporation, as shall present re-
ceipts or other evidences from the State Treasurer that they
CIVIL CODE
have paid into the State Treasurer sufficient funds to cover such
issue, and the said Board of Trustees, or their agent, shall, be-
fore making such issue of tags or stamps, mark, punch or stamp
each and every tag or stamp with such marks or stamps as they
may adopt, to show that said tags or stamps have been issued
by the said Board of Trustees, or their agent.
See Criminal Code penalty for fraudulent use, and forgery, of tags.
w^o^m1:"ags ^^^' ^^^S. All pcrsous, Companies or Corporations engaged in
cefied ^^ '^^^' ^^^ manufacture or sale of fertilizers or commercial manures,
jj^ . Q ^ shall cancel all tags or stamps used as evidence that said in-
1298 ' ■^ ^' spection tag has been paid, by stamping such tags or stamps
with the name of the person or persons, company or corporation,
selling, shipping or manufacturing, also the date of shipment
or delivery. No railroad or common carrier shall receive for
shipment or delivery from any person or persons, company or
corporation, any fertilizers or commercial manures with the
tags or stamps bearing date of cancellation thirty or more days
prior to delivery for shipment,
paid befo*r°e in^ ^®^- 1536. All pcrsous, companics or corporations engaged
pPf '^^3°"'jj ^y t in the manufacture or sale of fertilizers or commercial manures
an^^ 'fertiHzlrs shall pay to the State Treaslirer an inspection tax of twenty-five
forfeited. ccnts per ton (2,000 lbs.) for such fertilizers, or commercial
manures or fertilizing materials, sold or offered for sale in this
State, in order to entitle the same to inspection and delivery;
and all persons, railroad companies or other common carriers
are hereby prohibited from receiving or delivering any com-
mercial fertilizers, commercial manures or fertilizing materials
that do not bear the prescribed inspection tax tags or stamps,
as evidence that the said inspection tax has been paid to the
State Treasurer, or his duly appointed agents. But nothing
herein contained shall interfere with fertilizers passing through
the State in transit, nor shall apply to the delivery of fertilizer
materials or bulk goods to fertilizer factories for manufacturing
purposes. Every person or persons, company or corporation
violating this Section shall forfeit to the State a sum of money
equal to the value of the fertilizers, commercial manures, ferti-
lizing materials, sold, offered for sale, received, shipped or de-
livered, without having the inspection tax tag attached, to be re-
covered in any Court of competent jurisdiction; such forfeiture,
when collected, shall be paid to the State Treasurer. The Treas-
urer shall hold the amount of the said inspection tax, and all
forfeitures collected and paid in as aforesaid, subject to the
OF SOUTH CAROLINA. 597
" ~ A. D. 1902.
order of the Board of Trustees of the Clemson Agricultural ^"-^v-'~^
and Mechanical College of South Carolina.
Sec. 1537. Every bag, barrel or other package of such ferti- te^labe lYI d*^
lizers or commercial manures as above desisfnated offered for^^"^^*^.*'^^^^^^^!
contain.
sale or delivered after sale in this State shall have thereon a' ^ ^ =n<,
plainly printed label or stamp, the letters and figures of which ^^^g xv'i^T'
shall not be less than one inch in length, which shall truly setI^i,^s9S'Xxii"
forth the name, location and trade-mark of the manufacturer,
also the chemical composition of the contents of such package
and the real percentage of any of the following ingredients as-
serted to be present, to wit : Soluble and precipitated phosphoric
acid, soluble potassa, ammonia or its equivalent in nitrogen, to-
gether with the date of its analysis, and that the privilege tax
has been paid, and on the opposite side (or end, as the case may
be,) of every such bag, barrel or other package there shall be
another plainly printed label or stamp, as a brand, in Roman
letters, the letters to be not less than two inches in length, giv-
ing the grade of each such package, according to the following
schedule, that is to say : each package to be so labeled : "High
Grade," "Low Grade" or "Standard," according to the follow-
ing classifications :
High Grade — The following analysis, guaranteed by manu- High Grade;
facturer, to be branded High Grade : Dissolved bone or acid tain.
phosphate, without potash, guaranteed thirteen per cent., or
other available phosphoric acid; acid phosphate, containing
potash, guaranteed to contain twelve per cent, or over of avail-
able phosphoric acid, with one per cent, of potash ; ammoniated
goods, guaranteed to contain eight per cent, or over of available
phosphoric acid, three per cent, or over of ammonia and two
per cent, or over of potash.
Low Grade — The following analvsis, guaranteed bv manu- Low Grade;
_ / _^ . , ' . J what to con-
facturer, to be branded Low Grade : Dissolved bone or acid tain.
phosphate, without potash, guaranteed to contain less than
twelve per cent, of available phosphoric acid; acid phosphate,
containing potash, guaranteed to contain less than eleven per
cent, of available phosphoric acid, with one per cent, of potash ;
ammoniated goods, guaranteed to contain less than eight per
cent, of phosphoric acid, two and one-half per cent, of ammo-
nia and one per cent, of potash.
Standard — The following analysis, guaranteed by manufac- .^ifj ^to "^conl
turer,* to be branded Standard : Dissolved bone or acid phos- ^^^""
phate, without potash, guaranteed to contain twelve per cent.
CIVIL CODE
of available phosphoric acid ; acid phosphate, containing potash,
guaranteed to contain eleven per cent, of available phosphoric
acid, with one per cent, potash ; ammoniated goods guaranteed
to contain eight per cent, of available phosphoric acid, two and
one-half per cent, ammonia and one per cent, of potash: Pro-
vided, Any manufacturer shall have the right to brand the
grade of goods manufactured in either grade where the guaran-
teed analysis shows ingredients is of the same or equal com-
mercial value as the grades stated in the foregoing schedule;
and any such fertilizers as shall be ascertained by analysis not
to contain the ingredients and percentage set forth, as above
provided, shall be liable to seizure and condemnation, and when
condemned shall be sold by the said Board of Trustees for the
exclusive use and benefit of the said Clemson Agricultural Col-
how 'pJnished! Isg^- Whoever shall sell or offer for sale, or deliver after sale,
or receive any commercial fertilizer without having such labels
and stamps, as hereinbefore provided, attached thereto shall be
liable to a fine of ten dollars for each separate bag or barrel or
package sold or offered for sale, to be sued for before any
Magistrate and recovered by due process of law at the suit of
the State. The amount so recovered, after paying costs, shall
go to the use and benefit of said college as aforesaid.
As to warranty. — Robson v. Miller, 12 S. C, 586. Sale without the prescribed
label and tags void. — McConnel v. Kitchen, 20 S. C, 437; 47 Am. Reports. 845.
ers^o^fiie'copy ^^^' ^^^^' Every person or corporation engaged in the man-
sorf Coiie^e^™' ^-^^^^^^^ ^"*^ ^^^^ °^ fertilizers or commercial manures in this
^ S~~i3oo^ State, or any person or corporation offering the same for sale,
1893, X X I., shall, on or before the first day of November of each year, file
with the Board of Trustees of "The Clemson Agricultural Col-
lege of South Carolina" a true and correct copy of the printed
label or stamp required by preceding Section to be printed upon
each and every bag, barrel or other package of such fertilizer or
commercial manure of the various brands which the said per-
son or corporation proposes to offer for sale within the State
during the next succeeding twelve months ; also a certificate
showing the source from which the phosphoric acid, ammonia
sub7?a'^n*c e°s ^"^ potash guaranteed in each of said brands of fertilizer or
used. commercial manure so offered for sale is derived; and also
And o£ com- ^^^ Commercial value of each and every ingredient contained in
merciai value, g^j^j fertilizer or commercial manure, to be ascertained as here-
Aiso samples i^after provided. That along with said certificate there shall
of every brand, j^g furnished to the Said Board of Trustees of "The Clemson
OF SOUTH CAROLINA. 599
A. D. 1902.
Agricultural College of South Carolina," by said persons or ""—^v^^^
corporations, a true sample of each and every brand of ferti-
lizer or commercial manure, of not less than one pound, in-
tended to be offered for sale within the State during the season ;
and that no fertilizer or commercial manure, under any name hifued.^ ^ ^™"
or brand whatsoever, shall be offered for sale within the State
until the foregoing terms shall be complied with : Provided,
however. That nothing herein contained shall prevent any per-
son or corporation from subsequently applying to and obtain-
ing consent of the Board of Trustees to offer any other brand
of fertilizers or commercial manure upon complying with all
the requirements hereinbefore contained. That on or before the appHcatfons.^*^'
first day of October of each year the said Board of Trustees of
"The Clemson Agricultural College of South Carolina" shall
publish the commercial value per pound and per unit of the
various ingredients of a complete fertilizer, viz., available
phosphoric acid, ammonia and potash, and furnish the same to
any person or corporation interested in the manufacture or sale
of commercial fertilizers and commercial manures in this State,
upon application therefor ; and that said valuation so ascertained
shall be the guide by which parties selling fertilizers or com-
mercial manures shall be governed in estimating the commer-
cial value thereof as hereinbefore required.
Sec. 1539. The sworn certificates of the Chemist of "The ^^Cerdficate by
Clemson Agricultural College of South Carolina" of analyses /""^^^^f^idence
of the various brands of fertilizers and commercial manures —
shall be received in any and all Courts of this State as prima
facie evidence of the analyses and commercial value of the fer-
tilizers so analyzed.
Sec. 1540. Any citizen of this State who shall purchase any ^^p "^r^^^asers
commercial fertilizers or manures, shall have the right to have ^^^^y^td; ^h?w
the same analyzed by Clemson Agricultural and Mechanical and by whom.
College, by taking a sample of same from at least ten per cent. ^^^^' xxii.,
of such fertilizers in the presence of at least two disinterested
witnesses, one to be chosen by the purchaser and one by the
seller, who shall certify that such sample was taken from such
fertilizers or manures, which certificate, with the sample, shall
be sealed by a third disinterested party in the presence of said
witnesses, and directed to Clemson Agricultural and Mechanical
College.
If any seller or vendor of fertilizers or commercial manures ^a^^Is^^ho^
shall refuse, decline or neglect to choose a witness, as provided "'^^^^
6oo CIVIL CODE
A. D. 1902. - '
"■""•^v^""^ in this Section, after having been notified or requested by the pur-
chaser so to do, then he or they shall have forfeited their right
so to do, and the purchaser shall select two witnesses, who shall
select the third witness, who shall proceed to take samples as
hereinbefore provided. All samples of fertilizers drawn under
the provisions of this Section shall be subject to such other rules
as may be prescribed by the Board of Trustees of Clemson Col-
lege, not inconsistent with the provisions of this Section.
Cei ificate ggg 1541. ^he Said college shall have the said sample anal-
of a alysis ad- o r
nus:^ bie as evi- y^ed free of cost, and within three months after receiving the
~ sample supply the purchasers of such fertilizers or manures
with a certificate giving the per cent, of the different fertilizing
ingredients of same, signed by the Chemist of Clemson Agri-
cultural and Mechanical College, which certificate shall be ad-
missible as evidence in all suits relative to such fertilizers or
manures, whether the same be instituted by the vendor or pur-
chaser of same.
Forfeit for ggg^ 1542. That auv vendor of commercial fertilizers or
fertilizers fall-
ing below guar- manurcs whose goods or wares fall short to the extent of ten
anteed analy- =>
sis- per cent, in any fertilizing ingredient guaranteed by the analy-
sis appearing on the sack or vessel holding same, when deliv-
ered to the purchaser, shall forfeit one-half the sale price
thereof, to be recovered by suit or set up as a counter-claim to
an action for the purchase price of such fertilizers or manures.
ARTICLE II.
Cotton.
Sec.
1543. Cotton ; tare on prohibited ex-
cept for bagging and ties.
1544. Rates of storage prescribed ;
forfeiture for excessive
charge.
1545. Regulations as to sale of seed
Sec.
1550. License for traffic in seed cot-
ton, where issued, &c.
1551. Regulations for traffic in seed
cotton in portion of Marion
County.
cotton ; hours ; records to be 1552. When Public Cotton Weighers
kept.
1546. Record of bales of cotton
bought to be kept.
1547. Minimum size of merchant-
able bales.
1548. License required for traffic in
Sea Island Cotton.
1549. License required for traffic in
seed cotton in certain
Counties.
may be elected.
1553. Oath, bond and compensation
of Public Cotton Weighers.
1554. Duties of.
1555. Certain Counties excepted
from Sees. 1553 and 1554.
1556. Special provisions as to Cot-
ton Weigher in Honea Path.
OF SOUTH CAROLINA. 6oi
A. D. 1902.
Sec. I Sec.
1557. Special provisions as to Cot-
ton Weigher in Picl^ens and
Oconee.
1558. Special provisions as to Cot-
ton Weigher in Lancaster
County.
Section 1543. The custom of making a deduction from the ^^^are^on. cot-
actual weight of bales of unmanufactured cotton as an allow- q g. 1195;
ance for breakage or draft thereon is abolished; and all con- ^^-^g^^xL,^ sell
tracts made in relation to such cotton shall be deemed and taken^j^|7^^g^xx;;
as referring to the true and actual weight thereof without de- ^''^■
duction ; and no tare shall be deducted from the weight of such
bales of cotton except the actual weight of the bagging and ties
used in baling said cotton ; and whenever it shall be agreed be- baSnT* and
tween the buyer and seller to deduct tare on cotton bales it shall ^'^®-
be as follows : For bales of cotton covered with seven yards of ^ai-e^prf Scribed!
standard cotton bagging and six iron ties the actual tare shall
be, and is hereby, fixed at sixteen pounds, and for bales of cot-
ton covered with seven yards of standard jute bagging and six
iron ties the actual tare shall be, and is hereby, fixed at twenty-
four pounds; and when buyer and seller agree to sell at net
weight, and when bales of cotton are covered with seven yards
of standard cotton bagging and six iron ties, the actual tare
shall be, and is hereby, fixed at sixteen pounds, and when bales
of cotton are covered with seven yards of standard jute bagging
and six iron ties, the actual tare shall be, and is hereby, fixed at
twenty-four pounds.
Sec. 1544. The rates of storage of cotton shall not exceed ^^^^^1*^ s of
twelve and one-half cents per week for each bale of cotton ; the ^ g. iigeT
charges for weighing cotton shall not exceed ten cents for each f-^ ^^.^ ■^xvl!
bale ; and any person violating the provisions of this Section, or ^^s-
either of them, shall forfeit to the owner of the cotton ten dol-
lars for each offence, which may be recovered by him in any
Court of competent jurisdiction in this State.
Prohibits the making, not the paying, of a greater charge. — Holman v. Frost,
26 S. C, 290; 2 S. E., 16.
Sec. 1545. It shall not be lawful for any person to buy or sell, to slle of "s'le^d
. , 1 , rr r j. cotton and un-
or receive by »way of barter, exchange, or traffic of any sort, any p a c ic e d lint
seed cotton between the hours of sundown and sunrise. "^
All persons engaged in the traffic in seed cotton and unpacked r. ' s. " 2 so';
lint cotton are required to keep legibly written in a book, which xvii., 625. '
shall be open to public inspection, the name and place of resi-
dence of the person or persons from whom they purchase or re-
ceive by way of barter, exchange, or traffic of any sort, any seed
6o2 CIVIL CODE
A. D. 1902.
'^"^^^''^^ cotton or unpacked lint cotton, with the number of pounds and
date of purchase.
^^ Books to be js^^-^y person to whom Hcense as provided in Section 1550 to
^gg^ — ^^ traffic in seed cotton may be granted shall keep at said place of
''^^- business a book in which shall be entered the date of every
Always open, purchase, from whom purchased and the quantity purchased,
which book shall always be open to inspection of persons apply-
ing therefor,
ers^re* u^redTo ^®^- 1546. Each and cvcry cotton buyer in this State buying
keep a book. fj-Qm the initial seller shall be required to keep a book in which
793^^^' ■^■^^" ^^^^^ ^^ inserted the number of bales of cotton bought by him.
He shall number the bales of cotton bought by him, the name
of those from whom he purchases, and shall give to the seller
Number on ^ cottou bill, ou which he shall put the nurnber of the bale or
bale and book i^^jgg ^f cottou bought from him. The number on the bale of
must be same. o
Open to in- cottou on his books and on the cotton bill shall be the same
spection. number.
we^°hing n^!ft Such books of all cotton buyers shall be open to public in-
Snd^Cl° spection.
merchantable. gee. 1547. It shall be unlawful for any cotton buyer to re-
^^1899, XXIII., fuse iQ accept any bale of cotton, after he has bought the same
by sample thereof, weighing over three hundred pounds, pro-
vided same corresponds in quality with sample bought by.
Traffic in long gee. 1548. The County Treasurer of any County is au-
cotton without •' -' -'
a license a mis- thorized and directed to annually issue a license to traffic
demeanor. ■'
1899 XXIII ^^ long cotton, known as sea island cotton, in the seed, by pur-
xxTii ^ 732 °' chase, barter or exchange, within the limits of one particular
township only in said County, and within the period beginning
the first day of August and ending the thirty-first day of De-
cember of each year, to any and every person who shall file with
said County Treasurer a written application therefor, stating
the township of said County wherein and the particular place
in such township whereat such person desires to traffic and do
business (the granting of which license must be recommended
by the Board of Township Commissioners of such township).
Such license shall specify the township wherein and the par-
ticular place in such township whereat, as well as the period
aforesaid in which such person is permitted so to traffic and do
business ; and for every such license, if granted, and before the
issuing of the same, a fee of fifty dollars shall be paid by every
such person to the County Treasurer ; and all of such license
fees shall be held by him, the said Treasurer, subject to the
OF SOUTH CAROLINA.
orders of the Chairmen of the Boards of Township Commis-
sioners in said County, respectively, and the County Supervisor,
who shall apply and use the same to and for the enforcement
of the provisions hereof, and to and for the repairing of the
roads and bridges in the several townships, respectively, and for
no other purpose. And traffic in long cotton, known as sea
island cotton, in the seed, by purchase, barter or exchange,
without such license, is absolutely prohibited ; and any person
who shall so traffic or attempt to traffic without such a license
shall be guilty of a misdemeanor, and on conviction shall be
punished for each offence by a fine of not more than one hun-
dred dollars or by imprisonment not exceeding thirty days :
Provided, That one-half of any such fine when collected shall
go to the informer : Provided, The provisions of this Section do
not apply to the Counties of Colleton, Beaufort and Charleston,
except within the township of James Island.
Sec. 1549. The traffic in seed cotton, by purchase, barter orq^^^*^^^^,^j.^j.^|;
exchange, in the Counties of Abbeville, Aiken, Sumter, York, ^^^'^j^'^jj^^^^^^.^^^fj^
Edgefield, Berkeley, Kershaw, Ricnland, Orangeburg, Charles- Counties.
ton, Chester, Cherokee, Anderson, Bamberg, Barnwell, Dor-gg^^j^'gi^^jx!)
Chester, Clarendon, Fairfield, Lancaster, Lexington, Darlington, ^^g! j^g^; ^^-'^
Marlboro, Union and in Broxton township in Colleton County, ^^^j=^ 224! Isl-
and that portion of Marion County lying north of a line parallel ^^Ig^^^-^^ ^gg-j
to and exactly one mile north of the Wilmington, Columbia and];^^.^' ^g^g^g;
Augusta road, within the periods hereinafter named, without^^-^.^ ^j's^g 7'
license, is hereby prohibited. ^ggg- ^^5^^ -^g^gl
Sec. 1550. The Clerks of the Court of Common Pleas forissej. xx^y.l
the Counties respectively named in this Section are authorized ^^^^^•' '''^**-
and empowered to issue licenses to traffic in seed cotton by pur- ^raffic^ hi^ seed
chase, barter or exchange in the Counties of Abbeville, Aiken, tafn^'^CoSntllsi
Berkeley, Charleston, Chester, Cherokee, Clarendon, Edgefield, ^^^ ^ 'i issued,
Fairfield, Kershaw, Lancaster, Lexington, Darlington, Marl- j^. ^gg^
boro, Orangeburg, Richland, Sumter, Union, York and Brox- f^ y^^^ |^g^g;
ton Bridge township in Colleton County and that portion of
Marion County lying north of a line parallel to and exactly one
mile north of the Wilmington, Columbia and Augusta railroad,
within the period beginning the fifteenth of August and ending
the fifteenth of December of each year, and in the Counties of
Anderson, Bamberg, Barnwell and Dorchester within the period
beginning the fifteenth day of August and ending the first day
of December of each year, to such person or persons as shall
file with said Clerks, respectively, a written application therefor,
CIVIL CODE
the granting of which shall be recommended by at least ten
land owners resident within the township wherein said appli-
cant intends to do business. Such license shall specify the ex-
act place whereat the said business shall be carried on, and the
period within which such traffic is permitted, and shall continue
in force for the space of one year from the date of issue; and
for such license, if granted, a fee of three hundred dollars shall
be paid by the applicant to the County Treasurer, for the use
of the said Counties respectively, except in Anderson, Bamberg,
Barnwell, and Dorchester Counties where a license fee of five
hundred dollars, and in Clarendon County a license fee of
* twenty-five dollars, shall be so paid by the applicant to the
County Treasurer : Provided, That in the County of Charles-
ton the County Treasurer be, and he is, authorized and directed
in^'cfharieston ^o annually issuc a license to traffic in seed cotton by purchase,
^°""^^' barter or exchange, within the limit of one particular township
siir^isgr.'^/b.^ o^ilj '^^ said County and within the period beginning the first
^^^" day of August and ending the thirty-first day of December of
each year, to any and every person who shall file with said
County Treasurer a written application therefor, stating the
townships of said County wherein and the particular place in
such township whereat such person desires to so traffic and do
business (the granting of which license must be recommended
by the Board of Township Commissioners of such township) ;
such license shall specify the township wherein and the par-
ticular place in such township whereat, as well as the period
aforesaid in which, such person is permitted to so traffic and do
business ; and for every such license, if granted, and before the
issuing of the same, a fee of fifty dollars shall be paid by every
such person to the County Treasurer, and all of such license
fees shall be held by him, the said Treasurer, subject to the
order of the Chairman of the Boards of Township Commis-
sioners in said County, respectively, and of the County Super-
visor, who shall apply and use the same to and for the enforce-
ment of the provision hereof, and to and for the repairing of the
roads and bridges in the several townships, respectively, and
for no other purposes.
Special regu- The Acts in reference to traffic in seed cotton in Florence County, 1891, XX.,
lations traffic 1357, and 1892, XXI., 247, are repealed by Act 1899, XXIII., 88.
in seed cotton . r iv r •
in portion of Scc. 1551. All pcrsous residing m that portion of Marion
Marion Coun- , ^ ,. ■,, , 1 -1 1 r
ty. County south of a line parallel to and exactly one mile north oi
1894, XXI., the Wilmington, Columbia and Augusta Railroad engaged in
944; 1901, fe' t> 00
XXIII., 728.
OF SOUTH CAROLINA. 605
A. D. 1902.
purchase, barter or exchange in seed cotton shall on every ''^— ^v-^^
Saturday night post up in front of the place of business where
seed cotton is purchased, bartered or exchanged the amount of
cotton purchased, bartered or exchanged during the week and
the name or names of parties from whom the purchase or pur-
chases were made, and the amount purchased and to keep said
record posted for three months : Provided, That no person shall
purchase any seed cotton within the limits above described after
the hour of five o'clock in the afternoon and before eight o'clock
in the forenoon.
Sec. 1552. Upon the petition of fifty or more qualified elec- ^.^wiic'^ P^fll
tors, who are growers of cotton and who reside within five miles eilctS.^ ^
of any place in which there may be a cotton market, the County ^ggg^ xxii.,
Board of Commissioners of that County shall annually elect one ^3!^ ^^^'^' ^^•'
or more public cotton weighers for said cotton markets, whose
term of office shall be for one year and until the election and
qualification of his or their successor or successors.
Sec. 1553. Before entering upon the duties of his office, each e«°o*tX"a?h
cotton weigher shall be legally sworn to discharge the duties ^^^^^^^^g^'^tfo'^ji
of the position, by some officer authorized to administer oaths, ^^^
and shall enter into bond in the sum of three hundred dollars 5 l^f^^' ^fl\
for the faithful performance of his duty, which bond shall be^^^^^^- *^^-
approved by the County Board of Commissioners, and filed
with the Clerk of the Court of Common Pleas and General
Sessions for the County in which said cotton market or markets
may be situated. Each weigher shall receive as compensation
for his services not more than ten cents for each bale weighed
by him, to be fixed by the Commissioners, the same to be paid in
equal proportion by the seller and buyer, except in those mar-
kets where the weigher may be paid by individuals or corpo-
rations, at which markets the seller shall pay nothing : Provided,
That such weigher in the County of Florence shall receive as
compensation for his services not more than six (.06) cents for
each bale weighed by him, and to be paid as herein provided.
Sec. 1554. It shall be the duty of each weigher to provide a ^,^gher! ^ ^ °^
platform and scales with ample facilities for handling cotton with ^ggg^ xxii.,
speed and at minimum cost, at which platform or platforms all ^^'^j;^ 7^29. ^'
cotton sold in said market or markets shall be weighed. It shall
be the duty of each weigher to weigh fairly and promptly all
cotton sold in said market or markets, issuing his own ticket,
showing the weight of each bale or package of cotton weighed.
It shall be his further duty to adjust any difiference between
6o6 CIVIL CODE
A. D. 1902.
'^-"^v"'"^ sellers and buyers as to moisture and mixed or false packing.
In case of inability from sickness or other cause, and from the
first day of March to the first day of September of each year, a
weigher may appoint a deputy, who shall take, before entering
upon his duties, the usual oath of the office in the manner re-
quired of the weigher. The elected weigher shall be responsible
on his bond for the official acts of his deputy. Each weigher or
his deputy shall devote his exclusive attention to the duties of
his office during the cotton marketing season. Each weigher
shall test his scales once a month by the standards in the office
offic™°^^^ ^^°™ of the Clerk of Court as provided by law : Provided, That the
County Board of Commissioners, may, for good and sufficient
cause shown, remove any such public cotton weigher from his
office, after first giving such weigher at least ten days' notice to
show cause why he should not be removed ; and shall have power
to fill any vacancy occurring in the office of public cotton
weigher, at the first regular meeting of the said Board after
such vacancy occurs,
g^xceptwns to gee. 1555. The provisions of Sections 1553 and 1554 shall not
^^°^- apply to sales made on plantations or at cotton mills ; nor to the
'^s'^^ll's^nd'e- Counties of Charleston, Greenwood, Laurens, Berkeley, Ches-
tTo- '^■^^gV ''^^^' Spartanburg, Aiken, Horry, Edgefield, Georgetown, Rich-
xxiL, 802. land, Saluda, Beaufort, Lancaster, Abbeville, York, Newberry,
Kershaw, Lexington, Oconee, nor to the town of Liberty, in
Pickens Countv, or to Anderson township in Anderson County :
Special pro- ' .. . . . ^ . ^ ^^ i
visions as to Provided, That the provisions of said Sections shall apply to
the city of Sumter as follows : Three public weighers shall
be elected for the city of Sumter by the County Board of Com-
missioners, one of whom shall be recommended by the City
Council, and their term of office shall be one for a term of two
years and one for a term of three years, one for a term of four
years to be determined by lot : Provided, That no person shall
be voted for or elected a cotton weigher who is related within
the sixth (6) degree by blood or marriage to one or any of the
County Board of Commissioners. The cotton weighers
shall be required to mark and number each bale of cotton as
indicated by tags of buyer, and keep the cotton of each buyer
together in order to facilitate prompt shipment. No cot-
ton shall be allowed to remain on the platform more than five
days except upon being subject to a charge of one cent per bale,
per day; and cotton left on platform for any time to be at the
owner's risk. The platform for cotton weighers shall be
OF SOUTH CAROLINA.
furnished by the County and shall have a capacity of 5,000
bales, and the scales on said platform shall be approachable
from at least two sides. The weighers as aforesaid shall
render to the County Commissioners a monthly statement of the
cotton weighed, and shall pay to the County Treasurer
one cent per bale for all cotton weighed by them, for
the use of the platform: Provided, further, The Mayor ^jS-p^J^iggP"""^
or Intendant of an incorporated town in Greenwood Greenwood.
County, upon petition of twenty-five farmers who livegQ^^^^' xxii.,
in a radius of five miles, and who are freeholders, shall
order an election to be held on the first Saturday in August of
each year for cotton weigher, and he shall declare the candidate
receiving the highest number of qualified electors weigher for
one year from day of said election. All farmers who sell cot-
ton at said depot shall be allowed to vote, provided they reside
in Greenwood County.
Sec. 1556. Upon the petition of twenty-five, or more, quali- ^,jfjP^J^/^j.P^''^;
fied electors, who are growers and buyers of cotton, or cotton ^^^"^jj °^ ^°''^^
growers or cotton buyers, resident within five miles of Honea -^^^^ xxiii.
Path, the Town Council of said town shall, within thirty days^^-
after the receipt of said petition, provide for and annually con-
duct an election, and in the usual manner of elections in said
town, for a public cotton weigher for said town, whose
term of office shall be for one year, and until the election
and qualification of his successor. At such election all
and only cotton growers and cotton buyers who are qualified
electors and reside within a radius of five miles of the depot in
said town, shall be entitled to vote ; the said Town Council shall ■
declare the result of said election, and the person receiving the
highest number of votes shall be the public cotton weigher for
said town, and he shall receive as compensation for his services
not exceeding five cents per bale for every bale of cotton
weighed, one-half to be paid by the buyer and one-half by the
seller; such weigher shall finally adjust and settle all differences
or disputes between buyers and sellers as to proper deductions
to be allowed from water, dampness, damaged cotton, or any
false packing; and the said weigher shall test the scales every
morning before weighing cotton, so as to insure accuracy. In
case of inability from sickness or other cause, the said weigher
may appoint a deputy, who shall take, before entering upon his
duties, the usual oath of office in the manner required of the
weigher. Before entering upon the duties of his office, said
6o8 CIVIL CODE
A. D. 1902. ■
^'"^■'■^"'^ cotton weigher shall be legally sworn to discharge the duties of
his position by the Intendant of the town of Honea Path, and
shall enter into bond in the sum of three hundred dollars for
the faithful performance of his duty, which bond shall be ap-
proved by the Town Council of Honea Path, and filed with the
Clerk of the Court of Common Pleas for Anderson County. The
elected weigher shall be responsible on his bond for the official
acts of his deputy.
vistn"^L ^'t°o' Sec. 1557. There shall be annually elected by the qualified
ton'^wefghers°in votcrs of Pickcns C. H.- towuship, Easlcy township, and Liberty
Oc'onTe CoSn'^ township, respectively, in Pickens County, and Seneca township,
!!!! in Oconee County, a cotton weigher for Pickens, one for Easley,
196^^^^' '^'^^^■' and one for Liberty, and one for Seneca in Oconee County.
Such weigher shall be duly sworn to discharge the duties of the
position by some officer authorized to administer an oath. The
election of such weigher shall be on the third Saturday in Au-
gust, 1899, the polls to open at 10 a. m. and close at 5 p. m., at
each of the said towns, and on the third Saturday in August
each year thereafter. The Town Council of each of said towns,
respectively, shall appoint three men as managers of said elec-
tion, and shall give notice of the time and place of holding the
same at least ten days before the day of said election.
giv"^b"nd° The said weighers shall respectively enter into bond to the
oY "P^°^^^*°^ Town Council of his town in the sum of three hundred dollars
for the faithful performance of his duties, which bond shall be
approved by and filed with the said Town Council of the said
Towns in said Counties ; and said weigher shall receive as com-
pensation for his services ten cents per bale for each bale
weighed by him, the same to be paid in equal proportions by the
buyer and seller,
wdghers.^ ^ °^ It shall be the duty of the said cotton weigher to provide
scales and ample facilities for handling cotton sold and weighed.
It shall be the duty of the said weigher to weigh all cotton
brought to his town for sale fairly and promptly, issuing a ticket
therefor, which shall show the weight of each bale. It shall be
his further duty to adjust any differences between buyers and
sellers as to moisture, mixture or false packing. In case of disa-
bility, by sickness or other cause, the said weigher may appoint
temporarily a deputy, who shall take the usual oath of office
before a Magistrate previous to entering upon his duty,
we^ghers!^ °* When any false weighing or omission of duty on the part of
OF SOUTH CAROLINA. 609
A. D. 1902.
any one of said weighers occurs, whereby either buyer or seller v—i-v"**-'
suffers loss or is injured, such weigher and his bondsmen shall
be held liable to the extent of such loss or injury.
- This Section shall not apply to purchasers or weighers of cot- Exceptions.
ton for the Easley Cotton Mills, in the town of Easley, nor to . isoo, xxiii.,
purchasers or weighers of cotton for the Pickens mills, in the
town of Pickens.
Sec. 1558. The County Commissioners of Lancaster County Election for
-^ _ . cotton weigher
are authorized and directed to order elections to be held in the m Lancaster,
Heath Springs
towns of Lancaster, Heath Springs, and Kershaw, in Lancaster and Kershaw,
•- ^ ' m Lancaster
County, on the second Tuesday in August, 1899, and every two County.
years thereafter, for the purpose of electing a public cotton i899, xxii.,
weigher for each of said towns, respectively ; and said Commis-
sioners shall make such rules and regulations for the govern-
ment of such elections as to them shall seem proper ; they shall
also fix the compensation to be received by each of said cotton
weighers, said compensation not to exceed five cents per bale
for each bale of cotton weighed by any one of them. Said
Commissioners shall canvass the votes polled at said elections,
declare said elections, and issue a commission to the person de-
clared elected : Provided, That no person elected public cotton
weigher under the provisions of this Section shall receive a com-
mission to enter upon the discharge of his duties as such public
cotton weigher imtil he has entered into a good and sufficient
bond, with two or more sureties, in the sum of one thousand dol-
lars, payable to said Commissioners, and conditioned for the
faithful performance of his duties as such cotton weigher, said
bond to be approved by said Commissioners. Any other per-
son than a duly elected and commissioned cotton weigher, charg-
ing or receiving any sum or sums of money or other valuable
consideration for weighing cotton in said County of Lancaster,
shall be guilty of a misdemeanor, and upon conviction thereof
shall be fined a sum not exceeding one hundred dollars, or im-
prisonment for a term not exceeding thirty days. The said
commissioners are authorized to fill any vacancy caused by the
death or resignation of any cotton weigher elected under the
provisions of this Section by appointment.
39.— C.
CIVIL CODE
ARTICLE III.
Inspection of Flour ; Grain.
Sec.
1559. Inspector of Flour for City of
Charleston ; appointment,
bond and term.
1560. Flour must be inspected be-
fore sale ; when ; exception.
1561. Regulations as to barrels, &c.
1562. To contain what quantity, &c.
1563. Manner of inspecting ; brand-
ing ; designation of brands.
1564. Inspector's fees.
1565. Inspector may appoint deputy,
when.
1566. Inspector's oaths.
1567. Flour, &c., in transit, not sub-
ject to inspection.
1568. Charleston Chamber of Com-
merce may appoint a Flour
Committee.
1569. Committee to arrange stand-
ards.
1570. To settle disputes between In-
spectors and parties ; when
and how ; appeal, &c.
1571. To appoint Inspectors ; bond
and qualifications of.
Sec.
1572. Inspectors to decide upon
grade and soundness of flour
inspected, &c.
1573. Must see that barrels contain
standard weight ; Inspec-
tor's fees.
1574. Pay of Committee.
1575. Tolls allowed for grinding.
1576. Penalty for taking more than
allowed.
1577. City Council of Charleston to
regulate sale of.
1578. Board of Health to provide
for inspection of food,
drugs, &c.
1579. To publish list of exempted
articles.
1580. Persons offering articles for
sale, to furnish samples for
analysis when demanded.
1581. Definition of food and drugs.
1582. What deemed to be adulter-
ated drugs, food and drink.
Inspector of
Flour for City
of Ctiarleston;
a p pointment;
bond and term.
G. S. 1199; R.
S. 1306; 1850,
XII., 9, § 8;
1854, lb., 317,
§2.
Flour must
be inspec ted
before sale,
when; excep-
tion.
G. S. 1200; R.
S. 1307; ISfiO,
XII., 8, § 1;
1868, XIV., 107,
§1; 1878, XVI.,
751.
Section 1559. The City Council of Charleston shall appoint a
competent person as Inspector of Flour for the city of Charles-
ton, who shall hold his office for two years, and who shall give
bond to the State of South Carolina, with good security, to be
approved by the City Council of Charleston, in the penal sum of
two thousand dollars, conditioned for the faithful discharge of
the duties of the said office.
Ccnstrued.— Caulfield v. State, 1 S. C, 46.
Sec. 1560. It shall not be lawful, if inspection be demanded
by the seller or purchaser, to sell in the City of Charleston any
barrel, half barrel or bag of flour or meal of wheat, rye or corn
unless the same shall have been first submitted to the view and
examination of the Inspector of the aforesaid city, and by him
examined in some lot, street or warehouse, open and accessible
to all persons ; but flour of wheat, rye or corn manufactured in
the City of Charleston for export to any other port or ports be-
yond the limits of the State shall not be liable to inspection in
the said city.
Sec. 1561. Every cask or barrel containing flour or meal of
wheat, rye or corn brought into or manufactured in the City of
OF SOUTH CAROLINA. 6ii
A. D. 1902.
Charleston for sale shall be well made, of good seasoned mate- ^ < '
rials, and sufficiently hooped and nailed ; and the said Inspector a?To"^ b*ir°riis^
shall cause all casks or barrels not made as aforesaid, and not^f:
in merchantable condition, but capable of being made so at a j^ ^g ^i |o°8-
reasonable expense, to be repaired and put in merchantable con-g^l^' ■^^^■' ^•
dition at the expense of the owner thereof.
See. 1562. Every barrel submitted for inspection as aforesaid ^^^°^ quantity*!
shall contain such quantity of flour or meal as upon inspections^:
shall be found to be of the net weight of one hundred and j^ ^- g^- ^gggi
ninety-six pounds ; and each and every half barrel shall contain ^^•' ^ ^•
such quantity as shall be of the net weight of ninety-eight
pounds ; and the said Inspector shall cause all barrels or half
barrels containing a less quantity to be made of full weight at
the expense of the owners thereof.
See. 1563. Every cask or bag of flour or meal submitted to j^sp^^^Jj^gf
the view and examination of the Inspector as aforesaid shall by ^[g^aT?^ n '^oi
him be searched and tried, by boring on the head and piercing ^^^^^^f: ,
it through with an instrument by him to be provided ; and he § ^isib^"/!' ^§
shall afterwards plug the same with soft seasoned wood, iofi^^^f^.-^HQ'^
prevent the entrance of water therein. If the Inspector shall ^m-' 4^2.
judge the same to be merchantable, he shall brand every such
cask or bag with the word "Charleston," and shall brand the
degrees of fineness of which he shall, on inspection, determine
the said flour or meal to be, in letters of half an inch in length,
which degrees shall be distinguished as follows, to wit. :
"Family," "Extra," "Super," "Fine," "First Middlings," or
"Second Middlings," "Ship Stuff," "First Rye," "Second Rye,"
"First Corn," or "Second Corn," as the case may be ; but if, on
examination, it proves unsound, then he shall mark the cask or
bag with the broad arrow.
Sec. 1564. The Inspector shall be allowed not more than two fei" ^ p^*"*"""'^
and a half cents per package for inspecting, which shall be paid g. s. 1204; r.
by the owner thereof, or his agent. xii!'',^\\b, ^til
Sec. 1565. In case of sickness or temporary absence of the ^^^°'g J-^^^'j jj ^
Inspector, or if necessary for the convenient dispatch of the *^^"
duties of his office, he is hereby empowered to appoint a deputy ^ a y^ appoint
to act for him during such sickness, absence, or such time as he deputy, when.
may think proper, who shall also be made liable to the same g^-fg^gf^'j^;
penalties, and shall take the oath hereinafter prescribed. ^ ^•
See. 1566. The Inspector of Flour and Meal under this Chap- „ Jj,^^ p^'^*^^'"
ter shall, before he proceeds to perform the duties, make oath q g ^gio; r.
or affirmation, as the case may be, before the Clerk of the Court fie.'^^'^^' ^^"
6i2 CIVIL CODE
A. D. 1902.
' ^ ' of Common Pleas, that, without fear, favor or affection, malice,
partiality or respect of persons, he will diligently and carefully
examine and inspect, to the best of his skill and ability, all flour
or meal offered to him for inspection, and that he will brand,
or cause to be branded, as merchantable, all barrels, half bar-
rels or bags of flour or meal that appear sufficiently sweet and
sound, and no other, according to the best of his knowledge and
judgment; and also the oath provided for public officers.
t /I°n s it'^'no" Sec. 1567. No flour merely passing through the City of
spec^k)n.^° '" Charleston from any place in this or any other State to another
G. s. 1212; R. port or place out of this State shall be required to be inspected
xii.f 54^ f 2.^' ^^ ^^ ^^^^ ^^^y °^ Charleston : Provided, Such flour be dis-
tinctly marked before it comes into the said city, upon the bar-
rels or bags, with the name of the place from whence it comes,
and the name of the port or place of its destination, with the
words "in transit" between the names of the said two places,
t o^n ^ Oi^mifer Scc. 1568. The Charleston Chamber of Commerce shall ap-
may ^ppofn^'^a poiut a Flour Committcc consisting of five members, who shall
mitt°ee.^ *^°™" arrange and adopt suitable standards for the different grades
Q_ s. 1213; of flour ; the standards so selected to conform as nearly as pos-
Sso.^'x v^i"l! sible to similar standards adopted by the Boards of Inspection
343, § 1. jj^ ^^ principal Atlantic cities.
mittee^ to°aT- ^cc. 1569. The Said Committee shall, as often as once in
ard^^^ ^*^"'^" every three months, provide and adopt suitable standards for
G. s. 1214; R. the different grades of flour, viz. : "Fine," "Superfine," "Extra,"
l\ 1316; lb. ''Family," and "Extra Family." The standards thus approved
shall be kept in the possession of the committee for reference in
all cases of dispute which may arise. They shall also furnish
the Inspector or Inspectors herein provided for with similar
standards for their guidance ; and all flour inspected by the said
Inspectors shall be legibly branded or marked "Charleston
Chamber of Commerce Standard," with grade, day, month,
year, and name of Inspector.
To settle dis- Scc. 1570. The said Flour Committee shall also be umpire
putes between ^
Inspectors and to Settle and dccidc all cases of dispute that may arise in refer-
parties; when ^ J
^eai "scT' ^^ ^^^^ to the inspection of flour between the Inspectors and the
—y^ — g_ ^ parties for whom the inspection may have been performed ; and
S- 1215; R- s. when an Inspector is charged with passing flour which proves
to be below the standard, unsound or damaged when inspected,
or deficient in any way, it shall be the duty of said committee,
when called upon, to investigate the case, and, if the Inspector
is in fault, to assess such damages to be paid by him as in their
OF SOUTH CAROLINA. 613
A. D. 1902.
judgment is fair and just. In all cases calling for their action ^^ v '
a majority of said Committee shall constitute a quorum, and
their decision in such cases shall be made in writing; the de-
cision so made, however, to be subject to the right of appeal
by either party to the Arbitration Court of the said Chamber of-
Commerce — the decision of the said Court to be final ; and suit
may be brought on the bond herein provided for the Inspector,
if he shall be in default, in the name of the Charleston Chamber
of Commerce, by the party in whose favor a decision may be
so made, to recover the amount of damages so assessed.
Sec. 1571. The said Committee shall appoint one or more j^^^l^^^f PgP°''^'^
Inspectors of Flour ; and the Inspectors so appointed shall each g. s. 1216; r.
make and execute a good and satisfactory bond to the Charles- xvirf' 344.^*^'
ton Chamber of Commerce in the penal sum of two thousand
dollars ($2,000), (the said bond to be approved by the Presi-
dent of said Charleston Chamber of Commerce), conditioned
for the faithful performance of the duties of the Inspector, and
for the payment of all claims and demands which may be de-
cided against him as aforesaid : Provided, always, That the said
Committee shall have power to suspend or dismiss an Inspector
at any time for any cause satisfactory to them ; and no Inspector
so to be appointed shall be directly or indirectly engaged in the
flour trade during such time as he may hold the office, on pen-
alty of forfeiture of his commission as Inspector.
Sec. 1572. It shall be the duty of the Inspectors so appointed ^"^^ °^-
carefully to inspect all flour submitted to them, and to decide ^^ 2^1 V- \. %'.
on the grade and soundness of the same ; all flour thus inspected ^^^^•
must be equal in quality to the standard furnished by the Com-
mittee ; and any Inspector passing flour which is not equal in
quality to the standard for the grade which he makes it, shall
be liable for any damage accruing from such action.
Sec. 1573. It shall be the duty of the Inspector to weigh ^y,%l^^^''^
suitable number of barrels of each lot of flour inspected, to be jj^. q ^
assured that they contain the full weight of one hundred andjglg^^' ^- ^•
ninety-six (196) pounds, and no Inspector shall use the brand
of the Charleston Chamber of Commerce on any flour in barrels
that is of less weight than one hundred and ninety-six (196)
pounds to the barrel. For such inspection, weighing, and
branding, the Inspector shall receive two (2) cents per barrel or
bag for each and every barrel or bag so inspected, weighed and
branded, to be paid by the party requesting the same to be done,
and the same fee on re-inspection.
CIVIL CODE
Sec. 1574. In all cases calling for the action of the Committee
mhtee°^ ^°'"' to dccidc disputcs as regards grade, soundness, or any other
j^ . Q g" defect, between the Inspector and parties for whom such inspec-
1321^' ^" ^'tion has been made, the members of the Committee serving in
'said cases shall be paid one dollar for each meeting, the amount
to be paid by the party against whom the case is decided by the
Committee, or, in case of appeal, by the party against whom the
appeal Court, herein provided for, shall decide.
foT°"rinding^'^ ^®^' ^^^S. No persou shall take more toll for grinding corn,
Q g ^220- wheat, rye or any other grain into good meal or flour than one-
1785 ^ix^ ^ 652' ^^&^^^ P^^^ ^^ ^"y quantity under ten bushels, and for ten
S ^' bushels, or any quantity above, at one time brought, one-tenth
part only; and for all grain, as aforesaid, chopped for hominy,
feeding stock or for distilling, one-sixteenth part.
takhiT^'m o r e ^^^' 1576. Any pcrsou or persons taking more toll than
than allowed, hereinbefore directed shall be subject to pay a fine to the amount
s '^1221^ r' s' °^ ^^" times the value of the toll so taken, to be recovered in the
^^^^- most summary way before the nearest Magistrate ; one-half to
the prosecutor and the other half to the person aggrieved.
of*^'cha^r?es"on ^cc. 1577. The City Council of Charleston shall have full
to regulate sale pQ^gj. ^j-,j authority to regulate and control the sale of grain
Q g 1222^ by measurement or weight, or both, sold within the corporate
^23 \ii ^ ul' limits of the city, in such manner as will insure a fair, equal and
§ ^- uniform sale and measurement of the same.
tie?of Boi'd ^^^' IS'^'S- The State Board of Health shall take cognizance
°i i^ptcu o^ °^ the interests of the public health as it relates to the sale of
of_ food, drugs, food, drugs, spirituous, fermented and malt liquors, and the
1898 XXII adulteration thereof, and make all necessary inquiries and in-
804, § 5. vestigations relating thereto, and for such purpose may appoint
inspectors, analysts and chemists, who shall be subject to its
supervision and removal. Within sixty days after February
19th, 1898, the said State Board of Health shall adopt such
measures as it may deem necessary to facilitate the enforcement
thereof. It shall prepare rules and regulations with regard to
the proper method of collecting and examining drugs, articles
of food, and spirituous, fermented and malt liquors.
B ?a r S of Sec. 1579. It shall be the duty of the State Board of Health
Hslf^^exlmpt^d to prepare and publish from time to time lists of the articles,
^'"^"^^^^- mixtures or compounds declared to be exempt from the pro-
ib., § 4. visions of this Article in accordance with the preceding Section.
The State Board of Health shall from time to time fix the limits
of variability permissible in any article of food or drug, or com-
OF SOUTH CAROLINA. 615
' A. D. 1902.
pound, the standard of which is not established by any national ^- , '
Pharmacopceia.
Sec. 1580. Every person offerinsr or exposing for sale, or .Persons of-
-^ ^ ° jr o fenng certain
delivering to a purchaser, any drug or article of food, or spirit- aj^tij^i|s^Jor
uous, fermented or malt liquors included under the provision of samples for
^ '■ analysis when
Section 1578, shall furnish to any analyst, or other officer or demanded.
agent appointed hereunder, who shall apply to him for the pur- ^b., § 6.
pose and shall tender to him the value of the same, a sample
sufficient for the purpose of analysis of any such drug or article
of food or drink which is in his possession.
Sec. 1581. The term "food" as used in Section 1=578 shall , Meaning of
f' . the word
include every article used for food or drink by man, including "food",and the
•^ 1 w°rd drug.
all candies, teas, coffees, and spirituous, fermented and malt—— — —
liquors. The term "drug" as used in Section 1578 shall include
all medicines for internal or external use.
Sec. 1582. An article shall be deemed to be adulterated: Adulterated
drugs, what
(a) In the case of drugs : deemed to be.
1. If, when sold under or by a name recognized in the ib., § 3.
United States Pharmacopoeia, it differs from the standard
of strength, quality or purity laid down therein.
2. If, when sold under or by a name not recognized in the
United States Pharmacopoeia, but which is found in some other
Pharmacopoeia or other standard work on Pharmacopoeia
Materia Medica, it differs materially from the standard of
strength, quality or purity laid down in such work.
3. If its strength or purity falls below the professed standard
under which it is sold.
(b) In case of food or drink :
1. If any substance or substances has or have been mixed what deem-
with it so as to reduce or lower or injuriously affect its quality food or drink.
or strength.
2. If any inferior or cheaper substance or substances has or
have been substituted wholly or in part for the article.
3. If any valuable constituent of the article has been wholly
or in part abstracted.
4. If it be an imitation of, or be sold under, the name of
another article.
5. If it consists wholly or in part of a deceased, or decom-
posed, or putrid, or rotten animal or vegetable substance,
whether manufactured or not, or in the case of milk, if it is the
produce of a diseased animal.
6. If it be colored or coated, or polished, or powdered.
6i6
CIVIL CODE
A. D. 1902.
'' 1 ^ whereby damage is concealed, or it is made to appear better
than it really is, or of greater value.
7. If it contains any added poisonous ingredient, or any
ingredient which may render such article injurious to the health
of the person consuming: Provided, That the State Board of
Health may declare from time to time certain articles or pre-
parations to be exempt from the provisions of Sections 1578 to
1582: And provided, further, That the provisions of Sections
of^Helit^ may 1578 ^o 1 582 shall uot apply to mixtures or compounds recog-
articks exempt "i^^d ^^ Ordinary articles of food, provided that the same are
from this Act j^^^ injurious to health, and that the articles are distinctly
labeled as a mixture, stating the components of the mixture.
See Sec. 1580.
(c) In the case of spirituous, fermented and malt liquors : If
it contains any substance or ingredient not normal or healthful
to exist in spirituous, fermented or malt liquors, or which may
be deleterious or detrimental to health when such liquors are
used as a beverage or as a medicine, and if it does not conform
in respect to strength and purity required by the laws of this
State.
What deem-
ed adulterated
liquors.
ARTICLE IV.
Gauging Liquors — Naval Stores.
Sec.
1583. Certain liquors sold in City of
Charleston to be gauged be-
fore delivery. Gauger, ap-
pointment and term of.
1584. Unlawful for others to exer-
cise duties of Gauger ; pen-
alty.
1585. Fees of Gauger.
1586. City Council of Charleston to
appoint Inspectors of Naval
Stores.
1587. Inspector's bond.
1588. Duties of.
1589. To weigh, search, try and
brand.
Sec.
1590. Fees allowed ; to have lien for.
1591. Weight of barrel of crude tur-
pentine ; quantity of tar to
a barrel.
1592. Casks and barrels to be
branded, &c. ; penalty for
failure.
1593. Penalty for exporting without
brands, &c.
1594. Barrels may be opened by
purchasers where fraud is
suspected, &c.
1595. To be done at their risk, &c.
Section 1583. All oils, molasses, syrups, wines, vinegar and
Cert ain li-
(juors, &c., sold
in City of
bi'^ga^ifged be° Hquors, (not domestic) sold in the City of Charleston, either by
gTu g er^ap- ^hc hogshcad, pipe, puncheon, barrel, cask, keg or tank, shall,
term 'of!'* ^""^ before their delivery, be gauged by a sworn Gauger, elected by
G. s. 1223; the City Council of Charleston, whose term of office shall be
1 8 1\ ^xvl! foi" four years.
R.
18
103, § 1.
OF SOUTH CAROLINA.
Sec. 1584. It shall not be lawful for any person or persons,
except those duly elected by the City Council of Charleston, to Unlawful for
ir . J J > Others to exer-
exercise the duties of Gauger, or gauge any of the aforesaid ^1^^^^."*'^^^°^
articles, under such penalty for each offence as may have been ^^'^y-
or may hereafter be fixed by the ordinances of the said city, g-^^^^^^^pg'^-
the said penalty to be recovered in any Court of competent
jurisdiction.
Sec. 1585. The fee charged for the said gaiiging shall not ^^ \^ ^ ° ^
exceed ten cents per package, to be paid by the seller to the~"]^ — §"7^~g
authorized Gauger ; and all fees accruing to the city gaugers in fgg;^^^^' ^" ^'
the discharge of their duties shall be equally shared between
them.
Sec. 1586. The City Council of Charleston are authorized to of*^'*(?ha^rie"s"on
appoint such number of Inspectors of Naval Stores as the^° gP?°'(frs ^of
wants of the trade may in their judgment from time to time re-^^^^^ stores.
quire. No other person than those so appointed can perform g ^'1128^^ I'sa^'
any of the duties of Inspectors of Naval Stores in said city. In^^j- ''^^^ §^'
case any one not appointed by the said City Council shall as-
sume to perform any of said duties, he shall be liable to the
pains and penalties of the ordinances of the City Council of
Charleston in such case made and provided.
Sec. 1587. Each of the Inspectors so appointed shall give inspectors to
. ^ ^^ . . ° give bond, &c.
bond m the sum of two thousand dollars, conditioned for the——— —
' G. S. 1227;R.
faithful discharge of his duties. s. 1329; isse,
*= XII., 584, § 5.
Sec. 1588. It shall be the duty of the Inspectors of Naval
. . To examine
Stores for the City of Charleston to examine and inspect any crude turpen-
^ -^ tine, &c.
crude turpentine or rosin of grades other than those known as
lb., 583, § 1;
common ' or number two," which may be offered for sale m g. s. 1228; r.
-^ S. 1330; 1746;
the City of Charleston, and which may be submitted for ex- m., 687, § 4.
amination by the owner or other person having charge of the
same.
Sec. 1589. Every barrel of crude turpentine or rosin sub- To weigh,
.search, try,
mitted to an Inspector as aforesaid shall be by him weighed and brand.
and searched and tried, and the Inspector shall brand every ib., § 2; g.
S. 1 2 2 9" R.
such barrel or cask with the word "Charleston," and shall s'. 1331; me,
TTT RC7 S 4.
brand thereon, in characters known to the trade, the quality of
said turpentine or rosin, together with the weight of the same
expressed in figures, and every barrel of rosin and turpentine
shall be cleaned, strained and merchantable, without chips,
leaves, filth, or dirt.
Sec. 1590. For every barrel of turpentine or rosin weighed
by the Inspector, he shall be entitled to three cents, and for
CIVIL CODE
every barrel inspected and branded as herein directed, three
to^Tave°''iien^"<^ one-quarter cents, to be paid by the owner of said turpentine
£!!l or his agent, and the Inspector shall have a lien on said barrels
s.^-il2f I'sl; for the amount due.
'' ° ' ^ ■ See Criminal Code; penalty for altering brands, &c., interference with inspector.
ba^rreVof .^rude ^^^' ^^^^' "'"^ ^^^ abscncc of Satisfactory proof of a special
turpentine; Stipulation to the contrarv, it shall be presumed and held that
quantity of tar . ' ^
to a barrel. the quantity and weight of crude turpentine to make a barrel
gG.J^i232;^R. thereof is two hundred and eighty pounds, and that the quan-
^iv.,j350, n- tity of tar to make a barrel thereof is thirty-two gallons.
§ 4- ' ' Sec. 1592. Every person who shall sell or expose for sale in
^ c a s k s and any part of this State any pitch, tar, rosin, turpentine, beef, or
b r a nded, &c. pork, in auv casks or barrels, shall first set on everv such cask or
P e n a Ity f or '
failure. barrel a burnt mark, with the first letter of the Christian name,
lb 686 § 1; and the surname at length, of the maker of such commoditv,
G. S. 1233; K.
s. 1234. with an iron brand ; and if any person shall, in any port or place
of exportation within this State, sell or expose to sale any of
the said commodities hereinbefore enumerated, in any cask or
barrel, before the same be marked and branded as aforesaid,
every such person shall, for every such cask or barrel, forfeit
the sum of two dollars to the person or persons who will inform
and sue for the same, to be recovered before any ^Magistrate.
Penalty for Sec. 1593. If auv merchant, factor, trader, or other person,
exporting with- - jr '
out brands, S:c. shall ship or put On board any ship or vessel any of the said
G. s. 1234; R. commodities hereinbefore enumerated, in anv casks or barrels,
S. 1335; 1746, _ _ - '
III., 6S6, § 1. with intent to export the same, before such casks or barrels be
marked and branded as aforesaid, every such merchant, factor,
trader, or other person, shall forfeit the sum of two dollars for
every such cask or barrel, to be sued for, recovered, and dis-
posed of in manner aforesaid.
Barrels may Sec. 1594. If auv fraud or abuse shall be suspected in any
be opened by - '■ ^
purchasers barrel or barrels of pitch or rosin which shall be brought to
where fraud is -^ "
suspected, &c. market or exposed for sale, the person who shall treat for the
q\ ^'-M' purchase of such pitch or rosin shall be at liberty to cut open
s. 1336. as many barrels of the same as he shall think proper, which
shall be liable to be viewed, judged, and forfeited, as is directed
in the case of rice ; and where any pitch or rosin shall be con-
demned as fraudulent by the person or persons empowered (as
is directed with respect to rice) to view and judge the same,
all such condemned pitch and rosin shall be forfeited and sold
by the State Treasurer, and applied to such uses as is directed
in the case of rice.
See Sees. i6oo, i6oi.
OF SOUTH CAROLINA.
619
A. D.° 1902.
Sec. 1595. Where any pitch or rosin shall be ordered to be ^-*^v-
cut open as aforesaid, without the consent of the owner or per- ^^ ^^
son offering or exposing the same for sale, the same shall be|*^, *^"''
done at the risk of the person who shall cause such pitch to be ^^ . j
so cut open, that is to say, if such pitch or rosin shall not he\^^^'
condemned as fraudulent by the person or persons empowered
to view and judge the same, then the person who caused the
said pitch or rosin to be so cut open and examined shall take
to himself every such barrel so cut open, and which shall not
be condemned as aforesaid, and shall pay to the owner or per-
son offering the same for sale the current sum or price at which
good pitch or rosin shall then be, at that port or place, anything
hereinbefore contained to the contrary notwithstanding.
done
risk,
ARTICLE V.
Pork and Beef — Rice — Staves and Shingles.
Sec.
1596.
1597.
1598.
Barrels to contain and weigh
what ; how to be paclied.
Penalty for killing cattle for
packing not previously
penned twelve hours.
Barrels to be made of sea-
soned white or water oak.
Sec.
1599. Barrels of rice containing
fraudulent mixtures to be
forfeited to State ; how ex-
amined.
1600. Proceedings in case sellers do
not nominate arbitrators.
1601. Pipe staves and shingles, ma-
terial_ and dimensions of.
Section 1596. Every barrel of pork or beef packed and sold Barrels to
. .cent ain and
m this State shall contain thirty srallons and two hundred weigh what;
,. . howtobe
pounds weight of wholesome, well-cured meat m the same, packed. ^
which shall be weighed by the packers, and well packed with ib., 687, §4;
salt and pickle, each piece not to weigh more than eight pounds, s." isss.
and not to be cut or mangled further than to take out the
kernels or where the bones require it, and not more than two
heads in one barrel of pork. No beef's heads or shanks shall
at all be packed. , .Penalty for
■^ , killing cat 1 1 e
Sec. 1597. In case anv person shall kill any cattle to put m for packing not
' ^ "^ previou sly
barrels for sale, without having first penned them twelve hours penned twelve
'^ , hours.
before killing them, every such person shall forfeit the sum of-
Cj. o. 12385 iv,
ten dollars, current money, for every head of cattle so killed, to s. 1339; 1746,
the person who will sue for the same, to be recovered before
any Magistrate.
Sec. 1598. Every person in this State shall make the casks
for packing beef or pork of sound, dry, and well-seasoned
620 CIVIL CODE
A. D.' 1902.
i^-~^ white or water oak timber, without sap, the heads as well as
m?de"^of *°sea^ bodies of which casks shall be made tight, so as to hold pickle,
watir oak.*^ °'' ^^^ ^hall fill the said casks with water before the same are
ih., 687, §3; P^ckcd with any beef or pork,
s.' 1340^^^' ^' ^^^' 1399. If any planter or other person shall sell or expose
F r a uduient ^°^ ^^^^ ^^ any merchant, factor, or any other person, at any
?o'?fdtedto° the port or place of exportation within this State, any casks or
fmTned^°''' ^''" barrels of rice which, upon opening or uncasking the same,
ih., §2; G. s. shall be found to contain any unfair and fraudulent mixture of
\Lt\\i^',i\'., small or damaged rice, then, and in every such case, the seller
540, § 1. q£ ^]^g g^-^ j.-^g^ Qj. person offering the same for sale, shall im-
mediately, on request of the buyer, or person offering to buy
the same, name one indifferent person, being a freeholder, and
the said buyer another, to view the said rice, and if such two
persons shall agree in opinion, and certify the same in writing
under their hands, that such rice was deceitfully and fraudu-
lently packed and exposed for sale, every such cask or barrel so
fraudulently packed and exposed for sale, shall be forfeited to
the State, and the same shall be sold or caused to be sold by the
State Treasurer, or by the person or persons who shall con-
demn the same for the use aforesaid, who shall be allowed
thereout five per cent, for their trouble,
in'^case^seikfs ^^^' 1600. If the scllcr shall refuse to nominate a person to
do not
nate
ors.
arbitral- vicw the Said ricc, then the buyer shall nominate both the per-
_ sons to view such rice, who shall have the same power as if one
s.*^'i3i2^'iV^; bad been named by the seller and one by the buyer : Provided,
III., 687, § 2. •Y\^2X in case the said persons nominated as aforesaid shall not
agree in opinion, they shall have pov/er to nominate a third
person, being a freeholder as aforesaid, who shall have the
same power as the first two by this Chapter have ; and in case
either of the said two persons shall refuse or neglect to join or
cannot agree in nominating such third person, then in such case
any Magistrate, on notice given by both or either of the said
persons, shall, and he is hereby, required to nominate such
third person, which third person shall have the same power
in the premises as if he had been nominated by both. And such
adjudication and certificate shall be made within twenty-four
hours from the first application, and the said certificate shall be
deemed a sufficient condemnation of the said rice to warrant the
sale thereof as aforesaid ; any law, statute, usage, or custom to
the contrary notv/ithstanding.
Sec. 1601. All staves to be made for exportation, and all
OF SOUTH CAROLINA.
621
■ A. D. 1902.
shingles which shall be offered for sale in this State, shall be ^-^"-v"*-^
made of good and sound timber, and shall be of the following s^f^gg '^^ ^^^^
dimensions, to wit. : each pipe stave to be made of white oak, ^ s~"i242^
fifty-eight inches long, and not less than three-quarters of an ^-^g ^jj^ ^ *^'
inch thick at the thin edge, and three inches broad, clear of sap ; ^ ^^•
each hogshead stave to be made of red or white oak, forty-two
inches long, not to be less than three-quarters of an inch thick
at the thin edge, and four inches broad, clear of sap ; and each
barrel stave, of red or white oak, to be thirty inches long, not
to be less than half an inch thick at the thin edge, and four
inches broad, clear of sap; and each shingle to be twenty-two
inches in length, and not less than half an inch thick at the
thick end, and well shaved, so as not to be winding, and not
less than three inches and a half broad, clear of sap.
ARTICLE VI.
Inspection of Timber and Lumber.
measuring ranging
Sec.
1602. Rules for
lumber.
1603. In the City of Charleston no
timber to be sold except by
board measurement ; excep-
tion.
1604. City Council of Charleston,
Town Councils of Beaufort,
Port Royal and Georgetown
to elect Inspectors annually ;
bond ; oath.
Sec.
1605. Inspectors to measure timber
as herein directed ; sale of
timber in bulk.
1606. Lumber to be inspected by
licensed Measurers.
1607. Fees of Measurers.
Section 1602. All ranging timber bought or sold in the mar- Rules for
° "^ ° measuring;
kets of this State shall be bv board or superficial measurement ; penalty for
^ violation.
and any person or persons who shall buy or sell ranging timber
in or for the markets of Charleston or Georgetown, or any other s. ism ;i855,
public market in this State, by the rule known as "side and edge
measurement," that is to say, by adding the side to the edge,
multiplying by the length, and dividing by twelve [(side -|-
edge) X length -^ twelve], shall be fined for every such act
of buying or selling not less than one hundred dollars and not
more than three hundred dollars.
Sec. 1603. No timber shall be sold or purchased in the City soid° except by
of Charleston by any mode of measurement except that denomi- m°en*t*!™^^^"'^^
nated board or superficial measurement (unless by special con- g. s. 1244; r.
S. 1345; 1853,
XII., 294, § 1.
CIVIL CODE
Cit Council ^^^^^ between the parties), which shall alone be done by the In-
of Charleston, spectors or Survevors of timber in the City of Charleston.
lown Councils ■'
of Beaufort Scc. 1604. The City Council of Charleston and the Town
Port Royal and ■'
Georgetown to Councils of Bcaufort, Port Royal, and Georgetown, shall each
elect Ins pec- -^ o '
tors annually; elect annually, for their respective municipalities, one or more
• • Inspectors and Surveyors of Timber, who, before entering upon
s. 1245; R. s. the duties of his or their office, shall severally execute a bond
1346. . ' -^
to the said Council, in the penalty of two thousand dollars, with
good sureties, for the faithful performance of the duties of his
or their office ; and shall also take and subscribe the following
oath, to wit.: 'T, A B, do solemnly swear (or affirm, as the
case may be,) that I will faithfully perform all the duties of
Inspector and Surveyor of Timber in the City of Charleston (or
town of , as the case may be), as prescribed by the
Act of General Assembly providing for the same : So help me
God." And said bond shall be recorded in the office of the
Secretary of State, and shall be liable to suit at the instance of
the State of South Carolina, or of individuals suffering loss by
the violation of the provisions of this Chapter.
Inspectors to gcc. 1605. It shall be the duty of the said Surveyors and In-
measure 1 1 m- -' -'
ber as herein socctors to measurc all timber in the manner aforesaid brought
directed; sale ^ o
buik*™'^^'^ i" for sale to the City of Charleston, at the request of any person
~-Y^ — » g. Q owning or buying the same, and shall give a certificate to such
1' 1347*- ^'i8^' person, specifying the quality, and kind, and quantity of such
XII., 580. timber, and the number of pieces in each lot ; which certificate
shall be evidence of the matters stated therein, as between the
owner and purchasers thereof. But nothing herein contained
shall prevent any person or persons from buying or selling
timber in bulk without measurement.
■ Lumber to be ggg 1606. All timber and lumber brought to market for sale
inspected by h- *
censed measur- ^j- ^j^g pQj.|-g ^f Charleston, Port Royal, Beaufort, and George-
G s 1247- R town, shall be measured and inspected by one of the licensed
XVI ^^Ih ''^^^^' measurers, selected by the seller and buyer jointly ; and the
measurer so selected shall be entitled individually to the fee
earned by him ; and the manner of inspection and classification
of both timber and lumber shall be such as may be agreed upon
between the buyer and seller.
Should the buyer fail to agree to the selection of a measurer,
then the measurement and inspection and classification may be
made by any official measurer.
^^^^* Sec. 1607. The fees to be received by the measurers shall not
Ih.
12 48; R. s.' exceed the following rates, viz: ten (lo) cents per thousand
1349.
OF SOUTH CAROLINA. 623
feet for all square, hewn, or round timber; ten (10) cents per
thousand feet for all lumber measured by bulk measurement in
rafts; and twenty-five (25) cents per thousand feet for all
lumber measured and inspected by the piece; the expense of
measuring fees to be equally divided between the buyer and
seller.
CHAPTER XXXV.
Auctions and Vendues.
Sec.
1608. Auctioneers, &c., to give bond
to city or town where they
reside.
1609. Purchasers at sale refusing to
comply with terms, &c.,
liable for losses on a resale.
Sec.
1610. Remedy against auctioneers.
1611. Responsibility of for loss of
goods.
Auctioneers,
to
Section 1608. Every vendue master and auctioneer, before he &c^
shall act in such capacity, shall be compelled to give to the to°wn *w h ?r°e
Council of the city or town where he may reside full and ample ^^ey reside.
security for the due and faithful performance of his duty as s.^'ifso^f^ik^;
auctioneer or vendue master, as the case may be. ^^'' ^^^' ^ ^'
As to liability of sureties. — City Council v. Patterson, 2 Bail., 165.
Sec. 1609. Every person who shall purchase any lands, saks'^'^rllusfng
horses, cattle, ships, boats, or other vessels, goods, wares, and terms?'i'j.,'1i^a'^
merchandise, at any public sale in this State, and which pur- oJf /°es3i°®^^^
chase shall be entered in the books of the vendue master so g. s. i25i-r
selling such property, such person refusing to comply with the iv.,'^672,' §'^ia '
conditions of the said sale within seven days thereafter shall
be liable to all losses arising thereon to the original owner ; and
for the more speedy ascertaining said losses, the vendue master
is authorized to resell such lands, houses, horses, cattle, ships,
boats, or other vessels, goods, wares, and merchandise, on the
original conditions, giving seven days' notice of said sale; and
whatever deficiency shall arise on said purchaser's noncom-
pliance, the vendue master shall recover, at the first ensuing
Court having jurisdiction, such loss from every person so de-
clining to comply with the conditions of the original purchase,
together with the commissions and other expenses attending the
sale. No judgment given in any such cause shall be arrested
or stayed for or by reason of any error or mistake in the pro-
ceedings.
624
CIVIL CODE
A. D. 1902.
v^^-Y'^.^ Liability of Auctioneer, to seller. — Wilkinson v. Campbell, i Bay, 169; Burnett
V. Ballund, 2 N. & McC, 435. Not entitled to commission unless bid is complied
with. — Cochran v. Johnson, 2 McC. Lien of. — Blum v. Delia Torre, 3 Hill, L. 155.
As to entry in book. — Davis v. Robertson, i Mill, 71; Meadows v. Meadows,
3 McC, 458; Anderson v. Chick, Bail. Eq., 118; Trustees v. Wiley, 2 Hill Ch.,
584; Carter v. Bennett, Dudley, 142; Entz v. Mills, i McM., 453; Savage v.
Kinloch, Speer Eq., 464; Cathcart v. Kennaghan, 5 Strob., 129; Pope v. Chaffee,
14 Rich. Eq., 69; Davis v. Winsmith, 5 S. C, 63. Liability of purchaser. — Resale:
Hall V. O'Hanlon, 2 Brev., 46; Gardner v. Sanders, Id., 180; Campbell v. Ingraham,
I Mill, 293; Leman v. Blackwood, Harp., 219. Notice of adverse claim.— Wain-
wright V. Read, i DeSeaus., 573. Puffing sale. — Jenkins v. Hogg, 2 Tread. Const.,
821. Purchase by agent. — lb. The authority need not be in writing to bind prin-
cipal.— Trustees v. Wiley, 2 Hill Ch., 584; Blum v. Delia Torre, Riley, 155. Com-
pliance with conditions. — Boinest v. Leignez, 2 Rich., 465 ; Cathcart v. Kennaghan,
5 Strob., 129; Sullivan v. Huff, 24 S. C, 354. Warranty of soundness. — Lime-
house V. Gray, 3 Brev., 231; Treadw. Const., 73. Generally, as to such sales. — Farr
V. Sims, Rich. Eq. Cases, 122; Blum v. Delia Torre, 3 Hill, 155; Carter v. Bennett,
Riley, 287. Has no authority to rescind sale even before completed by payment of
purchase money. — Boinest v. Leignez, 2 Rich., 464; Carson v. Law, 2 Rich. Eq.,
296; Hamilton v. Hamilton, 2 Rich. Eq., 355; Martin v. Evans, 2 Rich. Eq., 368;
Butler V. Beard, 5 Rich., 542; Barrett v. Bath Paper Co., 13 S. C, 128; Reagin v.
Bishop, 25 S. C, 585.
again^st"* a u c^ Scc. 1610. The owners of property placed in the hands of
tioneers. vendue masters or auctioneers, either for pubhc or private sale,
s. '1352^^1815,' are authorized and empowered to recover from said vendue
■' ^' ^ ^" masters, in the most summary manner, before any Court of
competent jurisdiction in the State, for goods or other property
by them sold on account of said owners. Judgment given in
such case shall not be arrested or stayed for or by reason of
any error or mistake in the proceedings.
ity o^ff^foMoss Sec. 1611. Nothing in this Chapter shall be so construed or
^°° understood as to render vendue masters or auctioneers respon-
s. 'i353; °i8i5; sible for the loss of goods or other property occasioned by the
■' act of a public enemy, the act of God, or by any other cause
which man could not prevent or foresee.
CHAPTER XXXVI.
Of Weights and Measures.
Sec.
1612. To be regulated by United
States standard.
16i3. To be kept by State Treasurer.
Sec.
1614. Clerks of Court to keep.
Same to be purchased by
Governor.
1615. Weight of cotton seed.
To be regu-
lated by Uni-
ted States
standard.
G. S. 1254; R.
S. 1354; U. S.
Con., Art. I.,
Section 1612. Weights and measures shall be regulated by
the standard fixed by the Congress of the United States.
OF SOUTH CAROLINA.
625
Sec. 1613. Such weights and measures as have been, or may
hereafter be, furnished this State by the government of the
United States, shall be kept by the State Treasurer; and the
said weights and measures shall be deemed and taken to be the
standard weights and measures, by which all the weights and
measures in this State shall be regulated.
Sec. 1614. The Clerk of the Court of Common Pleas and
General Sessions of each County in this State shall furnish,
and is required to keep in his office, the weights and measures
established by law, which shall be the standards of all other
weights and measures in said County, and to which any person
shall have free access to test the same ; and the Governor of the
State is authorized and required to purchase such standard
weights and measures out of the fines and forfeitures incurred
in their respective Counties.
Sec. 1615. The weight of a bushel of cotton seed shall be
thirty pounds, except the seed of long staple cotton, of which
the weight shall be forty-two pounds; and the weight of un-
bolted corn meal shall be forty-eight pounds per bushel; and
the weight of bolted corn meal shall be forty-six pounds per
bushel.
A. D. 1902.
To be kept
by State Trea-
G. S. 1255;
R. S. 1355;
J. R., U. S.
Cong., 183G; 5
Stat, at Larce,
133, No 7; 1768,
IV., 290, § 5;
1783, IV., 540,
§§ 1, 2.
Clerks of
Court to keep.
Same to be
purchased b y
Governor.
G. S. 1256;
R. S. 1356;
1840, XI., 773;
1850, XII., 300,
§1.
Weight o f
bushel of cot-
ton seed and
meal.
G. S. 1198,
R. S. 1305;
1882, XVII.,
62 5; 1900 ,
XXIII., 434.
CHAPTER XXXVII.
Pilotage and Harbor Commission.
Sec.
1616.
1617.
1618.
1619.
1620.
1621.
1622.
1623.
1624.
1625.
1626.
1627.
Commissioners of Pilotage to
be appointed by Governor ;
term of ofllce ; removal
from ; vacancy, how filled.
Composition and qualifications
of ; jurisdiction ; Charles-
ton, &c.
Board of Harbor Commis-
sioners Port of Charleston,
how composed, &c.
To organize Board of Exami-
nation.
Examination fee.
Apprentices.
Licenses and oath.
Bond of pilot, &c.
Board may require surrender
of license ; new bond ; when.
Number of pilots limited.
Pilots not to engage in other
business ; penalties.
Discontinuing his duties, or
Sec.
absenting himself without
leave ; penalties for.
1628. Power of Board and proceed-
ings on charge of dereliction
of duty.
1629. May not hire out boat with-
out leave ; nor employ un-
licensed person as pilot.
1630. Duty of pilots during war.
1631. Must offer services to nearest
vessel ; penalty, &c.
1632. To convey vessels to quaran-
tine ; duties ; compensation ;
penalty.
1633. Pilot ground of Charleston ;
refusal to employ pilot ;
fees, &c.
1634. Rates of fees for special ser-
vices.
1635. Exclusive rights of pilots and
how forfeited ; regulations
as to employment of ; duties
and fees.
40. — C.
626
CIVIL CODE
A. D. 1902.
Sec.
Sec.
1636.
No unlicensed person to act
as pilot ; penalty ; exception.
1645.
Board to examine causes of
disasters.
1637.
Signal for departure' of ves-
1646.
Fines ; how collected.
sel ; fee of pilot when de-
1647.
Power of Board ; station dutj
tained.
of pilot boats.
1638.
Penalty for carrying off a
pilot ; proviso.
1648.
Penalty for violating rules
and regulations.
1639.
Descriptive designation of
pilot boats ; penalty for not
1649.
Jurisdiction of Harbor Com-
missioners.
numbering.
1650.
Annual and other meetings-
1640.
Pilots to remsfin aboard an-
chored vessels when re-
1651.
Power as to lines, wharves,
docks, &c.
quired ; pay ; penalty.
1652.
Penalty for obstructions in
1641.
Rates of pilotage of Charles-
harbor, &c.
,
ton ; how fixed at other
1653.
Duties as to docks.
ports.
1654.
Material excavated from har-
1642.
When not compelled to em-
bor, &c.
ploy a pilot.
1655.
Harbor Master and Port War-
1648.
Board to prescribe regula-
dens.
tions.
1656.
Fees and Port charges to be
1644.
Harbor Master to keep regis-
collected.
ter of pilots and their boats ;
1657.
How disbursed.
duties as to ; penalty, &c.
1658.
Annual report to General As-
sembly.
Commission-
ers of Pilotage
to be appoint-
ed by Govern-
or; term of of-
fice ; removal
from; vacan-
cy, how filled.
G. S. 1260;
R. S. 1357;
1872, XV., 53,
62, § 28; 1878,
XVI., 413, §§
1, 27; 1888,XX,
61.
Composition
and qualifica-
tion of; juris-
diction.
G. S. 1260,
1286; R. S.
1358: 1873, XV,
440; 1880 ,
XVII., 4 5 5;
1881, X V II.,
6 0 7; 1883,
XVIII. , 3 0 3;
1888, XX., 61;
1807, XXIII.,
417.
Section 1616. The Commissioners of Pilotage for the ports of
Georgetown, Little River in Horry County, Beaufort, and
North and South Edisto and Stono Rivers shall be appointed
by the Governor during the month of February in every second
year reckoning from the month of February in the year 1879,
and shall serve and continue in office during the term of two
years and until their successors are appointed. They may be
removed from office at the discretion of the Governor. When
a vacancy occurs it shall be filled by an appointment by the
Governor, and such appointee shall hold the office for the unex-
pired term, unless sooner removed by the Governor.
Sec. 1617. The Commissioners of Pilotage of Little River
shall consist of three persons, two of whom shall be or shall
have been seafaring men and one shall be a full branch pilot of
the port to which he belongs.
The Commissioners of Pilotage of Georgetown shall consist
of six persons, two of whom shall be or shall have been sea-
faring men, one of whom shall be a full branch pilot, and three
of whom shall be merchants of said town.
The Commissioners of Pilotage of Beaufort shall consist of
four persons, two of whom shall be or shall have been seafar-
ing men. They shall have jurisdiction over St. Helena, Port
JRoyal and all entrances to the southward.
O'Brien v. DeLarrinaga, 49 S. C, 497; 27 S. E., 483.
OF SOUTH CAROLINA. 627
A. D. 1902.
The Commissioners of Pilotage of North and South Edisto ^— ^v^~^
and Stono shall consist of three persons, two of whom shall be
or shall have been seafaring men, and shall have jurisdiction
over North and South Edisto, Stono River and all entrances
to the same.
The Board of Harbor Commissioners of the Port of Charles-
ton shall be the Commissioners of Pilotage for said port, and
may invest the sub-Committee of Pilotage of said Board with
all the power and authority in all matters relating to the pilot-
age and pilots of said port of Charleston possessed by the said
Board, and the decisions of said sub-Committee shall be finaj
and conclusive.
Sec. 1618. The Board of Harbor Commissioners of the port ^^^^^^l^f^^[
of Charleston shall consist of thirteen members, as follows : the ^°^ °oWhom
Mayor of the city of Charleston, the President of the Charles- ^° consist.
ton Chamber of Commerce, the President of the Charleston g ^^l®.^' ^^^o^o"
Cotton Exchange, the President of the Charleston Merchants' ^^ii" ^i^-
Exchange, the President of the Charleston Young Men's
Business League, the Chairman of the Executive Committee of
the State Board of Health, if he be a resident of said city, or,
if he be not such resident, some member of the Executive Com-
mittee resident of said city, to be designated by said Commit-
tee, and seven residents of the city of Charleston to be appointed
by the Governor, upon the recommendation of the Senator and
members of the House of Representatives 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. The Mayor of the
city of Charleston shall be ex-ofUcio Chairman of the said
Board, and the Board at its first annual meeting, or at the first
meeting after the time fixed for such annual meeting, shall elect
a chairman pro tempore, to act in the temporary absence, death,
resignation or disability of the said Chairman.
Sec. 1619. The Commissioners of Pilotage shall from time Board "of^Ex^
to time organize a Board of Examination for the port to which ammation.
they belong, to consist of three nautical men — one at least of j^ s.' ifsg.^^*"^ '
whom shall be a full branch pilot of the port to which they
belong; and the said Board shall examine each and all appli-
cants as to his or their competency to work or manage vessels,
and, generally, to discharge the duties of a pilot or pilots ; and
no license or branch shall be granted to any person, unless he
628 CIVIL CODE
A. D. 1902.
"""'"■'^^^■^ receive the certificate of competency signed by a majority of
such Examining Board.
^^Examination ggg_ 1620. Each and every applicant for a branch, or license,
G s 1262- before he shall receive a certificate from a majority of the
^72 XV. '^54°' Examining Board, shall pay to said Board the sum of five dol-
lars, to defray the expenses of such examination and of issuing
said certificate.
Apprentices, gg^^ j^ggj^ Apprentices shall be taken by full branch pilots
R^'s^' 1361- o'^b^ with the approval of the respective Boards of Commis-
lov% ^-^-'sioners of Pilotage, and shall serve two years before receiving
a nine-foot branch or license for all other ports, and three years
for a ten- foot branch at Charleston ; the last year of service it
shall be the duty of their masters to take the said apprentices on
board of all vessels, so that they may become completely com-
petent to discharge their duties. After holding their branches,
or licenses, for one year, if competent, to the satisfaction of their
masters, they shall receive a twelve-foot branch, or license,
which they must hold in service for two years, at the end of
which time they may receive a full branch or license. In all
cases, however, the applicant for apprenticeship shall be
eighteen years of age previous to receiving his nine- foot or ten-
foot branch, or license : Provided, That any person or persons
who have been trading between either of the ports above men-
tioned and. other ports, for a period of five years, shall, upon
a satisfactory examination before either of the respective
Boards of Commissioners, be entitled to receive from said
Board a full branch, or license.
But this proviso shall not apply to the ports of Georgetown
and Beaufort.
Sec. 1622. The said respective Boards of Pilot Commis-
R. ' s. ' 1362; sioucrs shall give to the applicants approved by them either a
1878 XVI
4i5;']8S8, XX.', limited license or branch, or a full license or branch, according
soi; ib!, 5. " as the application and discovered fitness of the applicant shall
be, signed by a majority of the Examining Board, or by their
Chairman, as the majority of said Board may direct, requiring
of each applicant, before the delivery to him of such license or
branch, to swear and subscribe the following oath, to be ad-
loS.^^^ °^ ^*" ministered by the President of the Board, to wit. : I, A B, do
solemnly swear (or affirm) that I will well and faithfully, and
according to the best of my skill and knowledge, execute and
discharge the business and duty of a license pilot (or appren-
tice, as the case may be), for the bar and harbor of Charleston
OF SOUTH CAROLINA.
(Beaufort or Georgetown, North and South Edisto and Stono,
as the case may be) ; and that I will, at all times, wind, weather,
and health permitting, use my best endeavors to repair on board
of all ships and vessels that I shall see and conceive to be bound
for, or coming into, or going out of the port or harbor of
Charleston (Beaufort or Georgetown, North and South Edisto
and Stono, as the case may be), unless that I am well assured
that some other licensed pilot is then on board the same ; and I
do further swear (or affirm) that I will from time to time, and
at all times, make the best dispatch in my power to convey
safely over the bar of Charleston (Beaufort or Georgetown,
North and South Edisto and Stono, as the case may be) every
vessel committed to my care in coming in or going out of the
same ; and that I will, from time to time, and at all times, truly
observe, follow, and fulfill, to the best of my skill and ability
and knowledge, all such orders and directions as I shall or may
receive from the Com.missioners of Pilotage relative to all
matters and things that may appertain to the duty of a pilot;
and, (except applicants for license or branch at the ports of
Georgetown and Beaufort) further, that I will not, at the same
time, be owner, part owner, nor be interested, directly or in-
directly, in more than two boats employed in the business of the
pilotage of the bar and harbor of Charleston (North and South
Edisto or Stono, as the case may be) : So help me God.
As to duties specified in this oath. — State ex rel. Stephens, 23 S. C, 179.
Sec. 1623. After any such person or applicant shall have ^°^^'
taken the oath or affirmation aforesaid, and subscribed to the,, g. s. 1265 ;
same, the said Board of Commissioners shall require such person ^^'^2, xv., 55.
to execute to them and their successors in office a bond, with
two sureties, to be approved by them, in the sum of five hun-
dred dollars, if his license be of nine or ten or twelve feet, or in
the sum of one thousand dollars, if it be a full license; which
bond shall be conditioned for the faithful discharge of his duties
as such pilot ; whereupon the said Board of Commissioners shall
deliver to such person a license, to be measured by his respec-
tive draft of water ; said license to be signed, either by the
President of the said Board, under direction of a majority
thereof, or by such majority themselves. The County Com-
missioners of their County shall pay all accounts of the said
Commissioners of Pilotage incurred for printing licenses or
certificates, furnishing stationery, and the like : Provided, That
such account shall not exceed in one year fifty dollars.
630 CIVIL CODE
A. D. 1902. —
■""""v— ^ Sec. 1624. The Boards of Commissioners of Pilotage shall
^^^""^ ?^n^ h^ve power and authority, for any cause or charge to them
require surren
or a nJw'boSd! ^^^^^^^^^°^^^y provcn, to Order and direct any or all pilots for
Q g ^266- ^^^ P*^^^ ^° which they belong to deliver up his or their license
1^78 ^x v^i*' '-"" licenses, and to take out a new license or licenses ; but no
*^^- pilot who shall satisfy them of the groundlessness of such cause
or the falsity of such charge brought against him, shall be re-
quired to pay an additional fee for his new license. And if the
said Board of Commissioners be not satisfied with the sureties
on the bond executed by any licensed pilot, every pilot whose
sureties shall be deemed insufficient shall give a new bond, with
sureties, to be approved by the said Board of Commissioners,
and within such time as shall be required by the said Board of
Commissioners ; in which case the pilot shall receive a new
license, on surrendering the former one. And every pilot not
complying with these conditions, or any of them, shall forth-
with forfeit his license, and shall be disqualified to act as a pilot
for the period of twelve months.
piiot""ii'mited/ S®<^- 1625. The number of pilots for the bar and harbor of
Q ^ J^^ Charleston shall not exceed twenty : Provided^ That no pilot
S94 ^xx^i^' "*-*^ licensed shall hereby lose his license, but no other
''^^- person shall be licensed until the number of such pilots is
less than twenty. The number of pilots for the port of
Beaufort shall be limited to twelve, and for the bar and
harbor of Georgetown to eleven, with power to the said Com-
missioners of Pilotage to increase the number for the port of
Beaufort to fifteen and for Georgetown to fifteen, if in their
judgment the commerce of either port of said ports shall re-
quire such increase. The number of pilots for the other ports
shall be fixed by the Commissioners of Pilotage at such ports ;
but such limit in number shall not operate as an exclusion of
any pilot who now holds a regularly issued license. The said
Board shall make no distinction in the selection of pilots on
account of race, color or previous condition.
ga^e"^^n"°other ^^^- 1626. No pilot shall engage in any other business or
business. calling while holding his license or branch, without the consent of
li *s 1366''^^^' ^^^ Commissioners of Pilotage first had and obtained in writing.
And any pilot now licensed, who, for the space of three months,
shall be, or continue to be, engaged in any other business or
calling than that of a licensed pilot, without the permission in
writing of the Commissioners of pilotage first had and obtained,
shall be deprived of his license for twelve months. And if said
OF SOUTH CAROLINA.
pilot shall continue to engage in such other business or calling
after the expiration of said twelve months, without the permis-
sion in writing of the Commissioners of pilotage first had and
obtained, he shall forfeit said license.
State ex rel. Stephens v. Commissioners, 23 S. C, 179.
Sec. 1627. No license pilot shall discontinue to act as such sent"hfnrseif°or
for the period of three months, nor absent himself at any time u^eT* without
from the port and harbor to which he may belong, except uponi^^If;
regular cruises, without permission of the said Board of Com- j^ ^'les?^^^^'
missioners. And any pilot so discontinuing or absenting him-
self shall be liable to the penalties prescribed in the previous
proviso of this section. And it shall be the duty of the Board
of Commissioners to grant such permission when applied for in
writing, unless it shall appear that by doing so the number of '
pilots for the said port will be reduced below the number abso-
lutely necessary for said port of Charleston.
State V. Commissioners, 23 S. C, 179.
Sec. 1628. A majority of each of the said Board of Commis- ^ Penalty for
■' ■' _ dereliction 01
sioners of Pilotage shall have power and authority to take away duty.
the license of a pilot for a given time or to declare his license „ g. s. -mv,
K. o. looo;
null and void, as the nature of the case may demand, uponis^s. x v i.,
charge of any dereliction of duty made and proven against
him ; but each and every pilot against whom any charge shall
be made shall be entitled to a hearing before the said Board of
Commissioners, and to make any proper defence to such charge
before the said Board of Commissioners. And if any pilot has
forfeited or been deprived of his license, or is no longer entitled •
to the use of his license, by virtue of this or any other Sections
of this Chapter, the said Board of Commissioners shall have the
power to order the Harbor Master of the port to which he may
belong to call on him for the surrender of his license. And if
he shall refuse to give up the same to the Harbor Master on
demand, the latter shall give notice for one week, in the public
daily papers, that such person has no longer a right to act as a
pilot until he be reinstated by the said Board of Commissioners.
As to general power of Commissioners. — State v. Commissioners, 23 S. C, 17s;
State V. Courtney, 23 S. C, 180. May suspend pilot for dereliction of duty not
specified. — Ih. Mandamus proper remedy to compel Board to reverse their order
of suspension. — -lb.
See. 1629. No licensed pilot shall hire out his pilot boat to o^^Yoat" wUh^
any persons or person whomsoever, unless he substitute another, °^* Bo^a/d^ °^
to be approved of by the Board of Commissioners of Pilotage ; ■ ^ ^ ^^
and the Board of Commissioners shall never give such permis- ^- ^- ^^^^' ^^v
sion, unless, in their opinion, there shall be a sufficient number
632 CIVIL CODE
A. D. 1902. —
'^-"'^^^^^'^ of boats actually engaged in the service of pilotage. Nor shall
any pilot substitute or employ as a pilot any one from whom his
license has been taken away or become forfeited ; and any pilot
herein in any wise offending shall, for each and every such of-
fence, be deprived of his license by the said Board of Commis-
sioners, or a majority of them; and if so deprived, he shall be
proceeded against as provided in the latter part of the preceding
Section, and shall, moreover, forfeit and pay to the State a sum
not exceeding one hundred dollars.
State V. Commissioners, 23 S. C, 178.
iot?"d\i ?i n g ^®^- 1630. In case of war, no pilot shall bring in or furnish
^^^ supplies to any armed vessels belonging to an enemy at war with
R s'. 1370-Tif.', the United States, or shall carry out any armed vessel to such
^^^- enemy, without being ordered to do so by the constituted au-
thorities of the United States. And every pilot herein in any-
wise offending shall forfeit his license and be disqualified for-
ever from acting as a pilot. And if, at any time, the President
of the United States, or the Governor of the State, shall pro-
hibit the furnishing with supplies, or the bringing in, or the
carrying out, of any vessel or vessels belonging to any nation or
State, or to a subject or subjects of any nation or State,
it shall be the duty of every such pilot to comply with
every such prohibition, on pain of incurring the same penalty
and punishment as for like offences in time of war.
vi?e°tC^nIarest Scc. 1631. Evcry pilot cruisiug or standing out to sea shall
"^^^^^^- offer his services first to the vessel nearest the bar, except when
R. s'. il7i;^^7b! he sees a more distant vessel in distress, under a penalty of fifty
dollars for each and every such neglect or refusal, either of ap-
proaching the nearest vessel and boarding her if required, or of
aiding any vessel showing signals of distress in the case above
mentioned ; and the Board of Commissioners of Pilotage, or a
majority of them, may, at their discretion, deprive the said pilot
of his license : Provided, however, That nothing herein con-
tained shall extend, or be construed to extend, to vessels of the
description mentioned in the preceding Section, all of which
vessels it shall be the duty of every such pilot to avoid as much
as possible, whenever they are known to or justly suspected by
him as such.
vess'^?sto°q"Jar'^ Sec. 1632. Whenever the Governor of the State shall issue
^"^'"^- a proclamation subjecting vessels from certain ports or coun-
R.^'s^' 1372; tries to quarantine, it shall be the duty of every licensed pilot
187S, XVI., conducting any such vessel over the bar of any port to bring her
OF SOUTH CAROLINA.
to the quarantine ground, and to remain on board, and go to the
quarantine station, without coming up to the city or town, until
the port physician shall permit it ; and during the time for which
any such pilot remains on board any such vessel, or stays at the
quarantine station, he shall be allowed four dollars for each and
every day of his remaining on board or staying at the quarantine
station, as aforesaid, and be found in necessary provisions and
accommodation, at the expense of the master, owner, or con-
signee, of such vessel ; and every such pilot neglecting or refus-
ing to bring such vessel to the quarantine grounds, or coming
to the city without previously obtaining the port physician's
permission, or before the time limited by the said port physician,
shall, for each and every such offence, be deprived of his license,
and shall not obtain another license before the expiration of
one year, and shall forfeit and pay the sum of fifty dollars to
the State.
Sec. 1633. The pilot ground of the bar of Charleston shall of ^charfeTtoS!^
extend from the said bar thirty miles eastward, southward, and g. s. 1272;
northward; and any master or commander of a vessel bearmg4];9, ' ' "
toward any harbor or bar (all coasters *and other vesssels
trading between any ports within this State excepted) who shall
refuse to receive on board a licensed pilot for the said bar and
harbor who shall offer to board, shall be, and is hereby, made
liable, on his arrival at the said port, to pay such pilot who first
offered to go on board and take charge of such vessel the rates
and fees allowed and established as hereinafter mentioned, as if
such pilot had actually brought in such vessel to such port:
Provided, however, That if a pilot having a ten or twelve-foot
branch or license only, as the case may be, is refused by the
master of a vessel of greater draught, such master shall not be
liable to him for her pilotage : Provided, also, That if a pilot
refuse to produce his license to the master of a vessel when
the latter demands it, the fees of pilotage shall not be charged
against the master rejecting the services of such pilot.
O'Brien v. DeLarrinaga, 49 S. C, 497; zy S. E., 483.
Sec. 1634. Any pilot boarding a vessel on pilot ground shall tied^oTees^."^'"
be entitled to receive from the master, owner, or consignee, four (~ g^ -^273.
dollars for every day of his being on board previous to her^ij-g ^xv^i^;
coming into port, in addition to the fees of pilotage. *^^-
Every pilot of an inward bound vessel who shall be directed
by the master to anchor in the roads, or is required by the quar-
antine laws to anchor and leave such vessel at the quarantine
CIVIL CODE
grounds, and afterwards bring her up to the city or town, shall
be entitled to receive four dollars from the master, owner, or
consignee; also, four dollars to bring a vessel anchored in the
stream (at the request of the master, owner, or consignee,) and
moor her at the wharf; four dollars to unmoor (at the request
of the master, owner, or consignee,) and anchor in the stream,
or from the stream to the roads, to be paid as aforesaid.
titled. ° ^° ^" Sec. 1635. The pilot who brought in the vessel shall have
G. s. 3274; the cxclusivc right of carrying her out, unless the m-aster or
420. ' "' ' " commander of such vessel shall, within a fortnight after his
arrival in port, prove to the satisfaction of the Board of Pilot-
age Commissioners, or a majority of them, that the said pilot
had misbehaved during the time 'he had charge of such vessel,
or tmless the said pilot shall have been deprived of his license
before the departure of such vessel, in either of which cases
another pilot may be employed, who shall be entitled to receive
the outward pilotage ; and every pilot having or becoming en-
titled to carry out a vessel shall either attend in person or pro-
cure another pilot of his own degree to attend for him, on such
outward bound vess'el, after twelve hours' notice by the master
by the hoisting of his jack at the foretop mast-head for that
time during daylight ; but if such pilot should neither attend
in person nor substitute another pilot of like degree with him-
self, the master of such vessel shall be at liberty, after the ex-
piration of the above limited space of time, to employ another
pilot of equal license, who shall be bound, if not previously
engaged, to carry such vessel out, and who shall be entitled to
the outward pilotage ; and any pilot who shall carry out a vessel,
not being entitled to do so, shall be liable to the pilot who had
the right in the amount of pilotage paid or due for carrying her
out ; and any pilot who brought in a vessel shall have a right
to demand his fees of pilotage and the lawful charges as afore-
said before her departure from port ; and whenever a pilot
having a right to carry out a vessel is apprehensive that his
fees of pilotage may not be paid by her master, owner, or con-
signee, he shall have a right to demand his fees in advance, or
such security for the payment thereof as shall be reasonable and
satisfactory, and on failure thereof may refuse to carry her out.
ed^ °pe«on to Scc. 1636. No persou shall be authorized or permitted to con-
— duct and pilot anv vessel over the bar when coming
C S 1275 '
R. s.' 1376 f/b! into or going- out of port unless such person shall
have a license as aforesaid; and every person not having
OF SOUTH CAROLINA.
received such license, or having forfeited the same, or
being deprived thereof as aforesaid, who shall presume to
bring into or carry out of the aforesaid port any vessel which
has to cross the bar, as well as every pilot having a limited
license of ten or twelve feet who shall presume to conduct and
pilot a vessel of more than ten or twelve feet, as the case may
be, over the said bar, either in coming in or going out, shall be
entitled to no fee, gratuity, or reward for the same, but shall
pay the regular pilotage to the pilot who shall first offer, and
shall also be liable to a fine of one hundred dollars ad valorem,
or be suspended : Provided, however. That the foregoing pro-
hibition shall not extend to prevent any person from assisting
any vessel in distress without a pilot on board, if such person
shall deliver up such vessel to the first pilot who shall after-
wards come on board and offer to conduct such vessel ; and,
also, that the captain and crew of a vessel shall not be liable to
such fine for conducting her over the bar without the aid of a
pilot, if in either of the two last mentioned cases a signal for a
pilot is worn.
Sec. 1637. Every master of an outward bound vessel shall at par^Sre o°/ves-
the appointed time of his departure have his vessel in readiness !tj
. - C S 1273*
for sailing, and as a signal thereof hoist a jack at the foretop r. s.' ' 1377-
• • 1878 XVI
mast-head ; and every master of a vessel who shall detain a pilot 421.'
at the time appointed, so that he cannot proceed to sea, though
wind and weather should permit, shall pay to such pilot four
dollars per day during the time of his actual detention on such
vessel.
Sec. 1638. If any master or commander of a vessel shall carrying off °a
carry off any of the pilots, he shall allow every such pilot fourEl^J
dollars for each and every day during his absence, and supply r. s.' i378;"/fe!
him with provisions and other necessaries in the same manner
as is usual for the maintenance and accommodation of masters
of vessels ; and the master, as well as the owner, consignee,
and security of such vessel, shall be liable for the aforesaid
sum : Provided, however. That no pilot who is carried off as
aforesaid shall be entitled to any of the sums aforesaid, if such
vessel shall have laid to for the space of sixteen hours after
having crossed the bar, and no pilot boat shall have appeared at
the time to receive such pilot on board : Provided, also. That
the master, owner, or consignee, shall defray the expenses of
such pilot back to the port to which he may belong.
See. 1639. All boats used in the pilotage for the bar and bar-
CIVIL CODE
bor or Charleston shall be of schooner rig. All boats used for
designltion^'of pilotagc shall be used exclusively in the pilotage ; and the owner
pilot boats. Qj. Q^j^gj-g Qf every pilot boat employed in such pilotage, or pilot
R. s.' i379t^7&! o^ pilots who may hire such boats or may be employed thereon,
shall cause to put on the most conspicuous place of each boat's
mainsail, and, if she be a schooner, on her foresail, such number
as may be designated by the Harbor Master of the port ; and
the figures designating the number of the boats as aforesaid
shall be at least five feet in length, and be made to appear as
conspicuous as possible by being placed on each side of such sail
of every boat used in the pilotage ; and every pilot omitting or
neglecting to number the boat in which he may be interested,
shall, on conviction before the Board of Pilotage Commission-
ers of the port to which he belongs, be deprived of his license,
and shall in addition be liable to a fine of one hundred dollars :
Provided, That in case of shipwreck or destruction of any of
such boats used in the pilotage, it shall be lawful for the Board
of Pilotage Commissioners to authorize the use, for a temporary
period, of vessels not of schooner rig; said vessels, however,
during said period to have the number put as provided on its
fore and aft sails, and in every other respect to be subject to the
provisions herein contained,
main on holrd. Scc. 1640. It shall bc the duty of a licensed pilot, if required
requkeT^ ' by the mastcr or commander of a vessel, to remain on board
G. s. 1279; while such vessel is anchored in the roads, outward bound, at the
1878, x V I. ', rate of four dollars per day ; and in case of refusal of neglect,
^^' the pilot shall be deprived of his license by the Board of Pilot-
age Commissioners and pay a sum of not exceeding fifty dollars.
State V. Commissioners, 23 S. C, 178.
oifi^^lt°ChAv- ^^^' 1641. The master, owner, or consignee of any vessel, for
^^^^°^- the consideration of the pilotage of the said vessel inwards to
R.^ isswb'. o^ outwards from the port of Charleston, shall pay to the li-
censed pilot for the said bar and harbor who shall take charge
of the same the several sums of money, rates and fees, respec-
tively set forth in the following schedule, according to her
draught of water at the time of such pilotage, to wit :
Rates of pii- Ratcs of Pilotaffc — Not more than the following amounts :
otage.
For six feet of water or under, fifteen dollars ; for seven feet
1894, XXII.
of water or under, sixteen 50-100 dollars; for eight feet of
water or under, eighteen 50-100 dollars ; for nine feet of
water or under, twenty-one dollars ; for ten feet of water or
under, twenty-eight 50-100 dollars; for eleven feet of water
OF SOUTH CAROLINA.
or under, thirty-three dollars ; for twelve feet of water or
under, forty dollars ; for twelve and a half feet of water or
under, forty-four dollars ; for thirteen feet of water or under,
forty-five dollars; for thirteen and a half feet of water or
under, fifty dollars ; for fourteen feet of water or under,
fifty-four dollars ; for fourteen and a half feet of water or
under, sixty dollars ; for fifteen feet of water or under, sixty-
six dollars ; for fifteen and a half feet of water or under,
sixty-nine dollars ; for sixteen feet of water or under, eighty-
four dollars ; for sixteen and a half feet of water or under,
one hundred dollars ; for seventeen feet of water or under,
one hundred and ten dollars ; for seventeen and a half feet
of water or under, one hundred and twenty dollars ; for
eighteen feet of water or under, one hundred and thirty dol-
lars ; for eighteen and a half feet of water or under, one
hundred and forty dollars ; for nineteen feet of water or under,
one hundred and fifty dollars ; for nineteen and a half feet of
water or under, one hundred and sixty dollars ; for twenty feet
of water or under, one hundred and seventy-five dollars ; for
twenty and a half feet of water or under, one hundred and
ninety dollars ; for twenty-one feet of water or under, two hun-
dred and five dollars ; for twenty-one and a half feet of water
or under, two hundred and twenty dollars ; for twenty-two feet
of water or under, two hundred and thirty-five dollars ; for
twenty-two and a half feet of water or under, two hundred and
fifty dollars ; for over twenty and a half feet of water, fifteen
dollars additional for each and every additional six inches of
water under which said vessel may draw ; for taking a vessel
around to Ashley River, if requested by the master, eight dol-
lars ; for taking letters from the city of Charleston to vessels
outside of the bar and waiting orders and delivering them on
board, the amount of inward pilotage of such vessel's draught.
The rates of pilotage for the outer ports shall be fixed by the
Board of Pilotage Commissioners of such ports, except that in
the port of Charleston they shall not exceed the rates herein-
before prescribed.
Sec. 1642. Whenever a vessel has crossed over or is inside of when not
compelled t o
the bar, the master shall not be compelled to take a pilot ; but employ a pilot.
if he demands the services of a pilot, he shall pay the customary G. s. 128I;
fees of pilotage as in other cases. isVs, x v i.'.
Sec. 1643. The Board of Pilotage Commisioners for the port
to which they belong shall have power and authority to pre-
CIVIL CODE
scribe to the licensed pilots such orders and regulations, not
inconsistent with this Chapter, as to them, or a majority of
them, may appear suitable and proper; and any such pilot ne-
T. ^- ^ooJ-^^V greeting or refusing to conform to anv such orders or regula-
R. S. 1383 \ Ibw ^ ^ ■'
tions shall forfeit and pay for each offence the sum of fifty
dollars.
O'Brien v. DeLarrinaga, 49 S. C, 497; 27 S. E., 483.
piio?s^^*'^" ° ^ Sec. 1644. The Harbor Master of the port shall be bound to
G s 1283- keep constantly a complete register, specifying the licenses of
R. s. 1384; lb. ^]^i ^^^ liccnscd pilots for his port, (with their residences,) and
of all boats to which they are severally attached, and the name,
number, and the owner or owners of the same, and also to regis-
ter any change or alteration that may take place in either of the
above particulars, which change or alteration the said pilots are
hereby required, from time to time, as the same occurs, to report
to the said Harbor Master, in order that masters of vessels or
persons interested may have it always in their power to know
from him at once who are the responsible persons on board of
each boat, and thereby obtain such information as they may
find necessary. And every such pilot or owner of a pilot boat
neglecting or refusing to report as aforesaid, shall, for each
omission, forfeit and pay a fine not exceeding fifty dollars ; and
it shall be the duty of the Harbor Master for the port of
Charleston, on the first Monday of each month, to report to
the Board of Pilotage Commissioners for the port of Charleston
a register as above specified, and also such pilots as may have
neglected or refused to comply with the foregoing requisitions.
And the said Harbor Master shall furnish every master of a
vessel coming to the Harbor Master's office with a copy of the
law of pilotage, for the purpose of perusing it at the said
office, without charging or being allowed to charge any fee or
perquisite for any or either of the aforesaid services ; and for
every neglect of duty in the premises the said Harbor Master
shall be liable to a fine of not exceeding fifty dollars, to be
imposed by the said Board of Pilotage Commisioners, or a ma-
jority of them.
Board to ex- gec. 1645. It shall be the duty of the Board of Pilotage Com-
amine causes -' _ _ "-"
of disaster. missioners, on the occasion of any marine disaster to any vessel
G. s. 1284; in charge of a licensed pilot, to make a careful examination
i\.w o. loot) j
1878, X V I., of the cause or causes of such disaster, by immediately sum-
moning before them the pilot in charge of the vessel, and ob-
taining such testimony from the parties interested, or not, as
OF SOUTH CAROLINA.
the case may be, in their power. And the result of such inves-
tigation shall be placed upon record, copies of which shall be
furnished, when desired, at the expense of the applicant. The
marine reports of the daily papers, or private information, shall
be deemed sufficient cause for such investigation by the said
Board of Commissioners.
Sec. 1646. Each and every fine, forfeiture, and penalty, torcoiSel' ^°^
each and every offence under this Chapter, or any part, clause, g. s. 1235;
or article thereof, shall be prosecuted, sued for, and recovered ^' ^" ^^^^' ^''"
in any Court of competent jurisdiction, for the use of the State;
and the penalties imposed in this Chapter may in every case be
recovered, although the Board of Pilotage Commissioners may
not think proper to deprive any licensed pilot liable thereto, or
in default, of his license in any instance herein authorized.
Sec. 1647. The Board of Commissioners of Pilotage for theBoa^d;'^sfation
port of Charleston shall have the power, and are authorized, to boa^s. °^ ^''°*
establish station boats on the bar of Charleston. Each regular r. s. i387;
licensed pilot boat for the harbor and bar of Charleston shall 1286.^' ■^■^''
perform and keep station duty, unless prevented by stress of
weather, at or near the bar of Charleston, alternately, for six
days each, whenever it becomes the turn of such said pilot boat
to perform the same, or to furnish as a substitute another
licensed pilot boat, under a penalty of fifty dollars for each day's penalty.
offence ; said pilot boat to be in charge of a full branch licensed
pilot for the bar and harbor of Charleston, and the services of
any pilot boat when on station shall be free of charge.
Sec. 1648. They shall have power to make such rules and vioiadng^ rules
regulations for the governing of station boats on duty, not in- tions. ^^°^ ^
consistent with the preceding Sections, as to them, or a majority r. s. isss;
of them, may appear suitable and proper; and any such pilot '
boat refusing or neglecting to conform to any such rules and
regulations, the pilot at the time in command shall be subject
to a fine in the sum of not exceeding fifty dollars, or in case Fines and
of non-payment of fine imposed within thirty (30) days, ^gP^"^*""-
suspended for not over sixty (60) days. All fines collected
under the provisions of this Section shall be paid over to the f^ffnel'"^*'°"
Board of Harbor Commissioners for the harbor of Charleston,
and by them used and disbursed.
Sec. 1649. The said Board of Harbor Commissioners shall jurisdiction
have jurisdiction over the harbor and bay of Charleston, and c^o m missio°n-
the rivers and creeks flowing therein, and shall make such regu- ^ ^
lations as they may see fit for the regulation and government 604; is'so, xix,'
640 CIVIL CODE
A. D. 1902. ■
^^ ^ ' of vessels entering said port and waters, so as to provide for
their safe and convenient use of the same, and for the pro-
tection and preservation of the said bay and harbor, rivers and
Penalties, crecks from injury by means of deposit of ballast and other ma-
terials, the creation of obstructions, or for any other cause what-
soever, with authority to prescribe such penalties for the viola-
tion of the said regulations as they may deem adequate : Pro-
vided, That such penalty shall not exceed the sum of five hun-
dred dollars for each offence, together with the expense of
lidtor^^ °^ ^°' removing such obstructions or interferences with navigation.
And the Solicitor of the Circuit shall be, and he is hereby,
charged with the duty of enforcing such penalties upon the
information and at the request of the said Board of Harbor
Commissioners. They are also invested with full power and
authority to preserve peace and good order in said bay and
harbor : Provided, That none of the said regulations shall be
repugnant to the laws of the land.
Powers in reference to quarantine station Charleston Harbor. — See Sec. , ante.
oth^?''meLings ^^^- 1650. The said Board shall have an annual meeting on
the second Monday in January in each year, and shall hold such
other stated or special meetings as they may for themselves
determine.
to^°'^i?nes! Sec. 1651. The said Board shall have power to fix the lines
wharves, docks ^^Q^g j-j^g gaid bay and harbor, and rivers and creeks, within
which riparian owners may erect wharves, docks, and other
proper erections and fixtures for commercial, manufacturing,
or any other purposes. The said Board, or a majority of them,
shall have authority to cause the removal of any wharf, dock,
wreck, or other obstruction to navigation, or that may, in their
opinion, be injurious to the said bay, harbor, rivers, or creeks.
Proviso. at the expense of the owner or owners, or the parties causing
the obstructions : Provided, That the rights of any owner or
owners of wharves whose lines have heretofore been fixed by
grant, or by authority of State legislation, are in no wise to be
disturbed.
b^uu'd^inV Sec. 1652. No person or persons shall hereafter build any
wharves, &c. ^^^j.f qj. other obstruction beyond the lines fixed by the said
Board, except where the lines of such wharf have heretofore
been fixed by any grant, or by authority of State legislation;
and any person or persons doing this shall pay the sum of
twenty dollars for every such offence, and shall moreover be
OF SOUTH CAROLINA.
fined in the sum of twenty dollars for every day such wharf or
other obstruction shall remain. And no person or persons shall
hereafter build or extend any wharf or other obstruction in or
upon the waters of the bay or harbor of Charleston, or the ^^^^^^^^^^j^^^^^,^
rivers or creeks flowing therein, without first obtaining, in writ- b uTit'^without
ing, from said Board, a permit for so doing, except where the ^"'^^o"^^-
lines of such wharf have heretofore been fixed by any grant,
or by authority of State legislation, under a penalty of twenty ^^i^^^^ ^ ° ^
dollars for every day such wharf or obstruction shall remain ;
and it shall be the duty of said Board to prosecute for the fines
and penalties imposed by Sections 1649 to 1657.
Sec. 1653. It shall be the duty of the said Board of Harbor ^PYon°e"rs*^°™'
Commissioners to examine, or cause to be examined, all the
docks, public or private, upon the waters of the said bay and
harbor, and the rivers and creeks flowing therein ; and when it putjgg ^f ^g
is the opinion of said board, or a majority of them, that such |?, '^^"'^^private!
docks are not in a proper condition for the purposes for which
they were designed and used, they shall cause a notice to be
served upon the owner or occupier of said dock, and they shall
deepen the same, and if such owner or occupier shall neglect or
refuse to attend to such dock after thirty days' notice, such ^^^ "j^^f^ °l
person so ofifending shall forfeit and pay twenty dollars, and the f^^ ^°^ "^S"
further sum of five dollars for every day he, she, or they shall
neglect or refuse, and shall, moreover, pay all expenses incurred
by reason of such neglect or refusal ; and it shall be the duty of
the said Board to prosecute for such fines and penalties.
Sec. 1654. Hereafter, when any dredging or excavation shall excavate/' ma^
be done in the said bay and harbor, rivers and creeks, or the *^"^^-
docks thereon, the material excavated shall be deposited only
at such place or places as may be designated by the said Board, ^-^^^^^^ ^°^
under such penalty not exceeding the amount prescribed in
Section 1649, ^s the said Board shall prescribe.
Sec. 1655. The said Board of Harbor Commissioners shall , Harbor Mas-
ter and Fort
have power to elect or appoint annually a Harbor Master and Wardens.
such number of Port Wardens as in their discretion are neces- -^^•
sary for the bay and harbor of Charleston and the rivers and
creeks flowing therein, and to define and assign the duties of
such Harbor Master and Port Wardens under the rules and
regulations for the government of vessels within or entering
into the said harbor and waters, or any of them, and for their
safe and convenient use of said waters, and regulate their com-
41. — C.
642
CIVIL CODE
A. D. 1902.
Fees and port
charges-
354,
pensation, with power to remove them, or any of them, at their
discretion.
Sec. 1656. The said Board of Harbor Commissioners shall
i885, XIX., ^^' ^"^ ^^^ hereby, invested with full power and authority to
levy and collect from all vessels entering into and using the
port of Charleston such fees and harbor or port charges, not
inconsistent with law, as, in their discretion, may be necessary
to pay the said Harbor Master and Port Wardens for the
services required of them, and to defray the necessary expenses
attendant upon the execution of the duties devolved upon the
said Board under Sections 1649 to 1656 in relation to the regula-
tions for the safety and convenience of vessels entering the said
port and waters, or any of them.
Fees, harbor gcc. 1657. All fccs, harbor or port charges, fines, and pen-
or port charges, _ ' -"^ o ' ' jr
fines and pen- alties Collected under the provisions of Sections 1640 to i6i;6,
alties, to whom _ ^_ ^-^_ _ ^ '
paid and how shall be paid over to the said Board of Harbor Commissioners,
disbursed. ^
— — — ■ and be disbursed by the said Board in paying the salaries of the
606. Harbor Master and Port Wardens, and such other ofificers as the
said Board may see fit to appoint to facilitate the discharge of the
duties imposed by this Chapter, and such other expenses as may
be incident to said duties.
Shall report Scc. 1658. The Said Board of Harbor Commissioners shall
annually to the
General Assem- annually report to the General Assembly the amounts received
for fees, harbor or port charges, fines, and penalties, and the
disbursement thereof, and also generally its actings and doings.
CHAPTER XXXVIII.
Money; Interest; Bills of Exchange and Promissory Notes;
Agency.
Article I. Money; Interest.
Article II. Bills and Notes.
Article III. Agency.
ARTICLE I.
Money — Interest.
Sec.
1659. Public accounts and verdicts
to be expressed in dol-
lars, &c.
Sec.
1660. Rates of interest on judg-
ments, accounts stated, &c.
OF SOUTH CAROLINA. 643
A. D. 1902.
Sec.
1661. Contracts secured by mort-
gages on real estate to be
governed by law of this
State as to interest.
Sec.
1662. Rate of interest limited.
1663. Penalties for usury.
1664. Who may plead usury.
Section 1659. All accounts in the public offices of this State, Dollars, dimes,
^ . cents and mills.
the verdicts of juries on all contracts, and all accounts of public - ^ „ ,„_ ■
\j, o. 1287 J K..
officers, shall be expressed in dollars or units, dimes or tenths, s. i389; 1795,
cents or hundredths, and mills or thousandths; a dime being
the tenth part of a dollar, a cent the hundredth part of a dollar,
and a mill the thousandth part of a dollar.
Sec. 1660. In all money decrees and iudg-ments of Courts en- . Decrees and
-^ .» o ] u d g ment to
rolled on entered, in all cases of accounts stated ; and in all draw interest.
cases wherein any sum or sums of money shall be ascertained, c^'-,?Ao-^^^^iL^'
and, being due, shall draw interest according to law, the legal xiii., les.
interest shall be at the rate of seven per centum per annum.
Seven per cent, in the absence of special agreement. — Reid v. Stevens, 38 S. C,
19; 17 S. E., 358.
Agreement for higher rate must be in writing. — Bank v. Miller, 39 S. C, 17s;
17 S. E., 592; Bank v. Parrott, 30 S. C, 175; 8 S. E., 199.
As to decrees and judgments. — Lumpkin v. Nance, 2 Brev., 99; Norwood v.
Manning, 2 N. & McC, 395; Rochelle v. Campbell, i McC. Ch., 53; Winslow
V. Ancrum, i McC. Ch., 100; Thomas v. Wilson, 3 McC, 166; Williamson v.
Broughton, 4 McC, 212; Harrington v. Glenn, i Hill, 79; Kirk v. Richbourg,
2 Hill, 352; Crouther v. Sawyer, 2 Speer, 573; Daub v. Martin, 2 Bay, 193; Pinck-
ney v. Singleton, 2 Hill, 343. Decreed on sum assessed for equality of partition. —
Craig V. Craig, Bail. Eq., 102. Purchaser at judicial sale may be required to pay
8 per cent, on deferred payments. — Association v. Powell, 55 S. C, 316; 33 S. E.,
355. Attorneys' fees after being placed in judgment bear interest. — lb. Costs
and disbursements bear interest after being placed in judgment. — Johnson v.
Masters, 49 S. C, 525; 27 S. E., 474; Addison v. Sujette, 60 S. C, 58; 38
S. E., 229.
As to accounts stated. — Dickenson v. Legare, i Dess., 537 ; Knight v. Mitchell,
3 Brev., 506; Farrand v. Bouchell, Harp., 83; Chisholm v. Neyle, Harp., 274;
Furman v. Peay, 2 Bail., 394; Smetz v. Kennedy, Riley, 218; Heyward v. Searson,
1 Speer, 249; Trenholm v. Bampfield, 3 Rich., 376; Church v. Washington, 3 Rich.,
380; Johnson v. Bennett, i Speers, 209.
Not recoverable on open or book accounts, without special agreement, or on any
unliquidated demand previous to finding of jury. — Skirving v. Stobo, 2 Bay, 233;
Edwards v. Dargan, 30 S. C, 177; 8 S. E., 858; Holmes v. Missroon, i Treadw.
Const., 21; Schemerhorn v. Perman, 2 Bailey, 173; Ordinary v. Bonnell, 2 Hill,
468; Bishop V. Ross, 21.
As to sums ascertained and due. — Grimke v. Grimke, i Dess., 366; Bowles v.
Drayton, i Dess., 489; Holmes v. Bigelow, 3 Dess., 497; Harrison v. Long, 4
Dess., no; Bulow v. Goddard, i N. & McC, 45; Barelli v. Brown, i McC, 499;
Elliott V. Minott, 2 McC, 125; Ryan v. Baldrick, 3 McC, 498; Conyers v. Magrath,
4 McC, 392; Black v. Goodman, i Bail., 201; Siter v. Robinson, 2 Bail., 274;
Wardlaw v. Gray, Dud. Eq., 85; Marvin v. McRae, Cheves, 61; Ancrum v. Sloane,
2 Speer, 594; Smith v. Godbold, 4 Strob. Eq., 186; Kennedy v. Barnwell, 7 Rich.,
124; Kimbrell v. Glover, 13 Rich., 191; Arnold v. House, 12 S. C, 608; Childs v.
Frazee, 15 S. C, 612; Witte Bros. v. Clark, 17 S. C, 328; Sullivan v. Susong,
30 S. C, 306; 9 S. E., 156; Garlington v. Copeland, 32 S. C, 57; 10 S. E., 616;
Railway Co. v. Greenville, 49 S. C, 499! 27 S. E., 652; Greer v. Latimer, 47
S. C, 185; 25 S. E., 136.
Money paid. — Thompson v. Stevens, 2 N. & McC, 493.
644 CIVIL CODE
A. D. 1902. —
Bonds. — Surety Company, Murray v. Aiken M'f'g Co., 39 S. C, 457; 18 S. E.,
5 ; Replevin, Hart v. Tobias, 2 Bay, 408.
Annuities. — Stephenson v. Axson, i Bailey Ch., 274; Irby v. McCrae, 4 DeS., 422.
From maturity of debt. — Kinard v. Glenn, 29 S. C, 590; 8 S. E., 203.
Rate recoverable against surety. — Sloan v. Gibbes, 35 S. E., 408; 56 S. C, 481.
Balances on accounts of Trustees, &c. — Tucker v. Richards, 58 S. C, 22; 36
S. E., 3; Gee v. Humphries, 49 S. C, 253; 27 S. E., 101; Cunningham v. Cauthen,
44 S. C, 95; 21 S. E., 800; Nicholson v. Whitlock, 57 S. C, 36; 35 S. E., 412;
Black V. Blakely, 2 McC. Ch., i; Wright v. Wright, Ih., 185; McCavir v. Blewit,
Ih., 90; Myers v. Myers, Ih., 214; Rowland v. Best, Ih., 317; Edwards v. Crenshaw,
Harp. Eq., 24; Howard v. Schmidt, Rich. Eq. Cases, 452; Dixon v. Hunter, 3 Hill,
204; Patters v. Clawson, 4 Rich. Eq., 92; Baker v. Lafitte, 4 Rich. Eq., 392; Crosby
v. Crosby, i S. C, 337; Livingston v. Wells, 8 S. C, 34?; Johnson v. Henegan,
II S. C, 93; Koon v. Monroe, 11 S. C, 140; Davis v. Wright, 2 Hill, 560; Dixon
v. Distributees, 3 Hill, 204.
The following five paragraphs from the monograph on annual interest, by the
Hon. Silas Johnstone, late of Newberry, at page 165 of Appendix to his Equity
Digest, is a concise summary of the law in relation to the subject:
1. The rate of interest prescribed by law attaches to a debt after it becomes
due, unless by the terms of the contract, expressed or necessarily implied, the rate
fixed on its face is to continue after the maturity of the contract. — Henderson v.
Laurens, 2 DeS. Eq., 170; Gaillard v. Ball, i Nott & McC, 67; Langston v. R.
R. Co., 2 S. C, 248; Bell v. Bell, 25 S. C, 149; Briggs v. Winsmith, 10 S. C,
133; Maner v. Wilson, 16 S. C, 470; Carolina Savings Bank v. Parrott, 30 S. C,
66; 8 S. E., 199; Smith v. Smith, 33 S. C, 210; 11 S. E., 761; Sharpe v. Lee,
14 S. C, 341; Kennedy v. Boykin, 35 S. C, 61; 14 S. E., 809; Bank v. Miller,
39 S. C, 175; 17 S. E., 592; Thatcher v. Massey, 20 S. C, 542. !
A higher rate after maturity was held contracted for in Mobley v. Devaga, 16 S.
C, 75; Watkins v. Lang, 17 S. C, 18; Bowen v. Barksdale, 33 S. C, 142; 11 S. E.,
640; Miller v. Hall, 18 S. C, 141. Where a higher than legal rate is to be paid
after maturity, but no time is stipulated within wliicu such rate is to be paid,
it continues until payment in full. — Ellis v. Sanders, 32 S. C, 584; 10 S. E., 824.
2. Where a party contracts to pay a sum of money, with interest thereon, at a
given day, when the day arrives the interest becomes principal, and if the debt
be not paid, the aggregate of principal and interest then bears interest, for the
future. — Doig v. Barkley, 3 Rich. L., 125; DeBruhl v. Neuffer, 3 Strob. L., 426;
Singleton v. Allen, 2 Strob. Eq., 166; Carolina Savings Bank v. Parrott, 30 S. C,
66; 8 S. E., 199; Bowen v. Barksdale, 33 S. C, 142; 11 S. E., 640.
3. On a bond due at twelve months, or at a shorter time than twelve months,
with annual interest from its date, the interest accrues annually, as well after as be-
fore the debt falls due. — Singleton v. Lewis, 2 Hill, 408; O'Neall v. Bookman, 9
Rich. L., 80; Sharp v. Lee, 14 S. C, 341; Westfield v. Westfield, 19 S. C, 85.
Same principle applied where monthly interest was reserved in Piester v. Piester,
22 S. C, 139.
4. The contract being for the payment of a sum of money, at a longer time
than twelve months, with annual interest from its date, annual interest is to be
computed up to the day the debt falls due, and simple interest afterwards, until
the debt is paid off. — Gibbes v. Chisholm, 2 N. & McC, 38; O'Neall v. Sims, i
Strob. L., 115; DeBruhl v. Neuffer, i Strob. L., 426; Westfield v. Westfield, 19
S. C, 85; Wilson v. Kelly, Ih., 161; Ehrhardt v. Varn, 51 S. C, 5S0; 29 S. E., 225.
Same principle where monthly interest was reserved was applied in Smith v.
Smith, 33 S. C, 210; II S. E., 761.
5. If the contract be, by express stipulation or by reasonable implication, to
pay interest annually beyond the time fixed for the payment of the principal, if
forbearance should extend beyond that time, annual interest is recoverable after
the maturity of the obligation as well as before. — O'Neall v. Bookman, 9 Rich.,
L. 80; Wright v. Eaves, 10 Rich. Eq., 582.
OF SOUTH CAROLINA.
Sec. 1661. All contracts secured by mortgage of real estate
situate within this State shall be subject to and construed by the cured by'^mort-
laws of this State regulating the rate of interest allowed, and in g o v e'med by
all other respects, without regard to the place named for the state reguiat-
. ing interest.
performance of the same.
^ ^ 1896, XXII.,
This Act of 1898 held not retroactive in Loan and Investment Co. v. Logan, 55 '*'•
S. C, 295; 33 S. E., 372; Association v. Powell, 55 S. C, 316; 33 S. E., 355;
Tobin V. McNab, 53 S. E., 76; 30 S. E., 827.
In contracts made prior to above act, where a contract was made in one State
to be performed in another, the parties could, in good faith, stipulate for the rate
of interest allowed in either State. — Mortgage Co. v. Bates, 58 S. C, 551; 36
S. E., 917; Ass'n. V. \'ance, 49 S. C, 402; 27 S. E., 274; Ass'n. v. Hoffman, 50
S. C, 303; 27 S. E., 692; Turner v. Ass'n, 51 S. C, 33; 27 S. E., 947; Carpen-
ter V. Lewis, 60 S. C, 23; 38 S. E., 244. Contract construed according to law of
State where it was to be performed. Meares v. Finlayson, 55 S. C, 105; 32 S. E.,
986; Tobin V. McNab, 53 S. C, 73; 30 S. E., 827; Carpenter v. Lewis, 60 S. C,
23; 38 S. E., 244; See also Quince v. Carpenter. I DeS., 160. As to remedy and
relief to be afforded, if the contract is usurious, the lex fori prevails. Meares v.
Finlayson, 55 S. C, 118; 32 S. E., 896; Carpenter v. Lewis, 60 S. C, 23; 38
S. E., 249.
Interest reg-
Sec. 1662. No greater interest than seven (7) per cent, per "lated.
annum shall be charged, taken, agreed upon or allowed upon g ^iglof^^i'sy^;
any contract arising in this State for the hiring, lending or use ^g^^ ^-'xvii'i.',
of money or other commodity, either by way of straight interest, f}^ ^^^^ g^g^g'_
discount or otherwise, except upon written contracts, wherein, xxii., 719.
by express agreement, a rate of interest not exceeding eight
per cent, may be charged.
Sec. 1663. Any person or corporation who shall receive, or ^^"'"y-
contract to receive, as interest any greater amount than is^^^^- S- ^•^^^'
provided for in the preceding Section shall forfeit all i'nterest,
and the costs of the action and such portion of the original
debt as shall be due shall be recovered without interest or costs,
and where any amount so charged or contracted for has been
actually received by such person or corporation, he or she, or
they shall also forfeit double the total amount received in re- receiving mo°re
spect of interest, to be collected by a separate action or allowed terilJ^°^^ '"
as a counter claim in any action brought to recover the principal
sum.
Sec. 1664. The borrower, and his heirs, devisees, legatees \vho may
. plead usury.
or personal representative, or any creditor or any person havmg —
a legal or equitable interest in the estate or assets of such bor-
rower, may plead the benefit of the provisions of the preceding
Section as plaintiff or defendant and the same shall be effectual
at any suit at law, or in equity, and any person oft'ending against
the same shall be compelled to answer, on oath, any complaint
that may be exhibited against him for the discovery of any sum
646 CIVIL CODE
A. D. 1902.
of money or things in action, so charged, agreed upon, reserved
or taken, in violation of the foregoing provisions, or either of
them. The provisions of this and the last two preceding Sec-
tions shall not apply to contracts made prior to the second day
of March, 1898.
Usurious Contracts — Excessive rate of interest for deferred payments on con-
tract for sale of land. People's Bank v. Jackson, 43 S. C, 86; 20 S. E., 786;
27 L. R. A., 569, and note: On sale of personal property. — Thompson v. Nes-
bit, 2 Rich., 73; Building & Loan Association contract in Sumter Ass'n. v. Winn,
45 S. C, 381; 23 S. E., 31; Ass'n. v. Dorsey, 15 S. C, 467; Columbia Ass'n. v.
Bollinger, 12 Rich. Eq., 124. An Agreement to pay taxes assessed on loan in
addition to principal and legal interest. — Mortimer v. Pritchard, Bail. Eq., 505.
Where agent of lender with knowledge of his principal, exacts from borrower a
commission for his services, which with the interest charged, exceeds the highest
legal rate the loan is rendered usurious. — Brown v. Brown, 38 S. C, 173; 17 S. E.,
452; Mortgage Company v. Gillam, 49 S. C, 359; 26 S. E., 990; New England Co.
v. Baxley, 44 S. C, 81; 21 S. E., 444. A contract for illegal interest after ma-
turity.^Savings Bank v. Strother, 28 S. C, 504; 6 S. E., 313. Changing an in-
dent from its real to nominal value. — Atkinson v. Executors of Scott, i Bay., 307.
Forbearance of pre-existing debt at excessive interest. — Harp v. Chandler, i Strob.,
466. As to compound interest. — O'Neal v. Sims, 1 Strob., 116. A note given to
secure indulgence on judgment for sum exceeding legal interest thereon. — Caugh-
man v. Drafts, i Rich. Eq., 415; Cleveland v. Dare, Harp., 407. A sale of stock
to person in necessitous circumstances at a price much above par, in order to en-
able purchaser to raise money thereon. — Anon. 2 DeS., 334. Sale of note of third
party for such purpose. — Brown v. Fausset, Harper 81. A bond or note made
without consideration for purpose of raising money and discounted at usurious
rate. — Stock v. Parker, 2 McC, 376; Cantey v. Blair, 1 Rich., 41. Renewal note
at usurious rate. — Langford v. Woodruff, i Rich., i ; Edwards v. Skirving, i
Brev., 548; Motte v. Dorrill, McC, 350; Quarles v. Brannon, 5 Strob, 151; Clark
V. Hunter, 2 Spears, 83.
Not Usurious. — A decree directing credit portion of purchase money at judicial
sale to bear interest at eight per cent. — Ass'n. v. Powell, 55 S. C, 316; 33 S. E.,
355. A contract providing that the total amount received by the lender should
not exceed the amount loaned and eight per cent, interest — Thompson v. Gilli-
son, 28 S. C, 542; 6 S. E., 333; Ass'n v. Powell, 55 S. C, 316; 33 S. E., 355;
Turner v. Ass'n., 47 S. C, 406; 25 S. E., 278; Buist v. Bryan, 44 S. C, 121; 21
S. E., 537. A contract for the highest legal rate of interest to be paid in ad-
vance.— Bank v. Parrott, 30 S. C, 61; 8 S. E., 199, or bear interest at same rate
if not paid. — Newton v. Woodley, 55 S. C, 132; 32 S. E., 535. Sale of note given
for valuable consideration in open market bona fide. — Flemming v. Milligan, 2
McC, 173; King V. Johnson, 3 McC, 365; Harrick v. Jones, 4 McC, 402. A
verbal agreement for higher rate than seven per cent.- — Utley v. Cavender, 31
S. C, 282; 9 S. E., 957. Commission contract with factor. — Witte v. Weinberg,
37 S. C, 579; 17 S. E., 68i;Norwood & Co. v. Faulkner, 22 S. C, 370. An agree-
ment to buy land for cash, and to reconvey for larger sum on long time. —
Wheeler v. Marchbanks, 32 S. C, 594; 10 S. E., loii. Building and Loan Con-
tract where payments on stock are distinct from interest on loan. — Ass'n. v.
Vance, 49 S. C, 402; 27 S. E., 274. Interest from a period anterior to date of
instrument.— Levy v. Hampton, i McC, 145; Dickson v. Seguiner, 3 Brev., 417;
2 Treadw. Const., 501. Bond for partial payments and interest on entire sum. —
Gibbes V. Chisolm, 2 N. & M., 38. Use of mortgaged property in lieu of interest. — ■
Wurtz V. Thynes, 2 Hill Ch., 171. Other instances. — Brook v. Thompson, i Bailey,
322; Miller v. Reid, 345. The lender will not be relieved of the legal consequences
of usury on the ground of mistake, absence of knowledge or intent. — Gilland v.
Phillips, I S. C, 157; Thompson v. Nesbit, 2 Rich., 73; Brummer v. Wilks, 2
McC, 178; Bank v. Parrott, 300 S. C, 68; 8 S. E., 199; Mitchell v. Bailey, 57
S. C, 345; 35 S. E., 581. 'But not so under former Statute, Mortimer v. Pritch-
ard, Bailey Eq., 505.
OF SOUTH CAROLINA. 647
A. D. 1902.
Legal Effect on Contract. — Only amount lent to be recovered, under former acts,
without interest or costs. — Gilliland v. Phillips, i S. C, 157; Pelzer, Rodgers &
Co., V. Steadman, 22 S. C, 291; Hardin v. Trimmier, 27 S. C, no; 3 S. E., 46;
Eank v. Parrott, 30 S. C, 66; 8 S. E., 199; Brown v. Brown, 38 S. C, 173; 17
S. E., 452. Also without attorneys' fee stipulated for in contract. — Mortgage Co.
V. Gilliam, 49 S. C, 345; 26 S. E., 990. Where contract was not usurious in its
inception the penalties may be incurred by subsequently charging and receiving
usurious interest. — Ehrhardt v. Varn, 51 S. C, 550; 29 S. E., 225. Under former
statute usurious contracts were void.— Payne v. Trezvant, 2 Bay, 23; Solomons
V. Jones, I Treadw., 144; 3 Brev., 54; Moncure v. Dermott, 13 Peters, 345; Mag-
wood V. Duggan, i Hill, 182; Gailliard v. LeSeigneur, i McMull, 225; Brummer
V. Wilks, 2 McC, 178; Flemming v. Mulligan, lb., 173; but a contract will not be
declared void as usurious at instance of the lender. — Miller v. Kerr, i Bailey, 4.
Nor will usurious acts subsequent to creation of contract affect innocent pur-
chasers.— Foltz V. Mey, i Bay, 486; King v. Johnson, 3 McC, 363. But an en-
dorser might become liable thereon by reason of fraudulent representations. —
Odell v. Cook, 2 Bail., 59.
As a Defense — Must be specially plead. — Pelzer v. Morris, 56 S. C, 88; 34 S.
E., 22; Campbell v. Linder, 50 S. C, 169; 27 S. E., 648; Bank v. Miller, 39 S. C,
17s; 17 S. E., 592; ex parte Monteith, i S. C, 232. But not under former stat-
ute where contract was void. — Solomons v. Jones, 3 Brev., 54; i Treadw., 144.
Answer held sufficient to raise plea. — Harrell v. Parrott, 45 S. C, 611; 23 S. E.,
946.
May be plead by one of several joint contractors. — Bank v. Jackson, 43 S. E., 86;
20 S. E., 786; 27 L. R. A., 278. Under the act of 1777 (4 Stats., 163), the privi-
lege of pleading usury extended to all parties from whom it was demanded. —
Phillip V. Caldwell, 2 Rich., 2. Who may not plead. — Jeffries v. Allen, 29 S. C,
Soi; 7 S. E., 828.
As a Counter Claim for Penalty. — Statutes of Limitations has no application. —
Mortgage Co. v. Gilliam, 49 S. C, 359; 26 S. E., 990; 29 S. E., 203; Allen v.
Petty, 59 S. C, 243; 36 S. E., 586. Payments on contracts prior to statute. — Mc-
Cown V. McSween, 29 S. C, 130; 7 S. E., 45. Can only be interposed in an ac-
tion for the recovery of the principal debt. — Witte v. Weinberg, z7 S. C, 681;
17 S. E., 681; Porter v. Jeffries, 40 S. C, 92; 18 S. E., 229. Under act of 1882
the amount of penalty recoverable was double the excessive interest paid and not
double the entire interest paid. — Hardin v. Trimmier, 30 S. C, 391; 9 S. E., 342;
Utley V. Cavender, 31 S. C, 282; 9 S. E., 946. Prior to the Act of 1898 the right
to counter claim did not survive to the personal representative. — Allen v. Petty,
59 S. C, 243; 36 S. E., 586.
Separate action to recover penalty.— 'E.sto-pptd. by former judgment to set up
usury. — Pickett v. Pickett, 2 Hill Ch., 470. Debtor estopped to bring, where
usurious interest was collected under judgment. — Ryan v. Ass'n., 50 S. C, 185;
27 S. E., 618; Fowler v. Henry, 2 Bail., 54. Party paying usurious interest may
bring. — Turner v. Ass'n., 47 S. C, 406; 25 S. E., 278.
Prior to the statute money paid voluntarily on a usurious contract could be re-
covered back. — Caughman v. Drafts, i Rich. Eq., 414. When right of action for
penalty accrues. — Stewart v. Fowler, Harper, 403. But equity will not relieve
against usury unless the borrower offers to pay 'amount actually due. — Anon, 2
DeS., 344; Jones v. Kilgore, 2 Rich. Eq., 64.
Evidence, strict proof required. — Moffatt v. McDowall, i McC, 434; Stock v.
Parker, 2 lb., 376; Circumstantial; Fulmer v. Hays, 3 McC, 256.
CIVIL CODE
ARTICLE II.
Bills and Notes.
Sec.
1665. Promissory notes made ne-
gotiable and assignable.
1666. Inland bills of exchange may
be protested for non-accept-
ance.
1667. Acceptance must be in writ-
ing ; pi-otest and notice re-
quired to charge indorser,
&c.
1668. When protest unnecessary.
1669. Bill of exchange accepted for
debt accounted a payment,
when ; drawer, &c., not to be
discharged.
1670. Protest good evidence if
Notary be dead or absent.
Sec.
1671. Days of grace on bills pay-
able at sight.
1672. Protested bill to carry in-
terest.
1673. Damages allowed on certain
protested bills.
1674. Jury may render verdict for
difference of exchange on
foreign bills.
1675. Bills and notes for less than
one dollar void.
1676. When paper maturing on Sun-
day or legal holiday collect-
able.
1677. What considered sealed in-
struments.
Promissory
notes made ne
Section 1665. All notes in writing that shall be made and
fs°signabil. ^""^ signed by any person or persons, body politic or corporate, or by
G. sTTiooi ^^^ servant or agent of any corporation, banker, goldsmith, mer-
fnd^i Ann/ c^ chant, or trader, who is usually intrusted by him, her, or them,
tk, §i!^' "■' ^o sign such promissory notes for him, her, or them, whereby
such person or persons, body politic and corporate, his, her, or
their servant or agent, as aforesaid, doth or shall promise to
pay to any other person or persons, body politic and corporate,
his, her, or their order, or unto bearer, any sum of money men-
tioned in such note, shall be taken and construed to be, by virtue
thereof, due and payable to any such person or persons, body
politic and corporate, to whom the same is made payable; and
also every such note payable to any person or persons, body
politic and corporate, his, her, or their order, shall be assignable
or endorsable over, in the same manner as inland bills of ex-
change are or may be, according to the custom of merchants ;
and the person or persons, body politic and corporate, to whom
such sum of money is or shall be by such note made payable,
shall and may maintain an action for the same, in such man-
ner as he, she, or they might do upon any inland bill of ex-
change, made or drawn according to the custom of merchants,
against the person or persons, body politic and corporate, who,
or whose servant or agent, as aforesaid, signed the same ; and
any person or persons, body politic and corporate, to whom such
note that is payable to any person or persons, body politic and
corporate, his, her, or their order, is endorsed or assigned, or
OF SOUTH CAROLINA. 649
A. D. 1902.
the money therein mentioned, ordered to be paid by endorse- ^ v '
ment thereon, shall and may maintain his, her, or their action
for such sum of money, either against the person or persons,
body politic and corporate, who, or whose servant or agent,
as aforesaid, signed such note, or against any of the persons
that endorsed the same, in like manner as in cases of inland bills
of exchange. And in every such action the plaintiff or plain-
tiffs shall recover his, her, or their damages and costs of suit;
and if such plaintiff' or plaintiffs shall be nonsuited, or a verdict
be given against him, her, or them, the defendant or defendants
shall recover his, her, or their costs against the plaintiff or
plaintiffs ; and every such plaintiff or plaintiffs, defendant or
defendants, respectively, recovering, may take out execution
for such damages and costs.
The making of one's mark a sufficient signature. — Gervais v. Beard, 2 Brev., 87;
Paisley v. Snipes, Ih., 200; Shiver v. Johnson, lb., 397.
Second signer's liability. — Ives v. Pickett, 2 McC, 271.
Where payee signs as maker. — Glenn v. Simms, i Rich., 34; Freeman v. Clark,
3 Strob., 281; Devore v. Mundy, 4 Strob., 15.
No precise form of words is necessary to constitute promissory note. Any un-
conditional written promise sufficient. — Pepoon v. Stagg, i N. & McC., 102; Wood-
fork v. Leslie, 2 lb., 585; Mordecai v. Gadsden, 2 Speers, 566; Hammett v. Brown,
44 S. C, 397; 22 S. E., 482.
■ As to necessity of ivords order or bearer. — Pratt v. Thomas, 2 Hill, 654. As
to words value received. — Hubble v. Fogartie, 3 Rich. L., 413; Kendrick v. Gains,
2 Const., 339; Chappel v. Proctor, Harp., 49. As to endorsement. — Framp-
ton V. Dudley, i N. & McC, 128; Browne v. Depau, Harp., 251; Haviland v.
Simons^ 4 Rich., 338; Wilthaus v. Ludecus, 5 Rich., 326; Pride v. Berkeley, 5
Rich., 537; Hanks v. Dunlap, 10 Rich. Eq., 139. This Section only relates to
notes for payment of money. — Peay v. Pickett, i X. & McC, 254; Wallace v. Dyson,
1 Speer, 127. Contingency as to time of payment. — Wiggins v. Vaught, Cheves., 91;
Coggeshall v. Coggeshall, i Strob., 43; Wingo v. McDowell, 8 Rich., 446. Payment
of hire for slave in clothing, etc. — Barnes v. Gorman & Ling, 9 Rich., 297. Ef-
fect of being payable with current exchange on negotiability. — Read v. McXulty,
12 Rich., 445.
A Checque is substantially an inland bill of exchange. — Sutcliffe v. McDowell,
2 N. & McC, 251. An endorsement on bond. — Bay v. Freazer, i Bay., 66. For-
eign bill drawn on person in another State. — Duncan v. Course, i Const., 100;
Bank v. Steinmetz, i Hill, 44. Instruments payable to order of makers. — Rambo
v. Metz, 5 Strob., 108; Keith v. Keith, 11 Rich. Eq., 83. Instruments to alter-
native payees. — Ellis v. McLemore, i Bailey, 13. Instrument payable at death of
maker. — Carter v. King, 11 Rich., 125. Due bill payable in "paper medium." —
Lange v. Kohne, i McC, 115. Fertilizer note. — Dowie v. Joyner, 25 S. C, 123.
Paper executed in blank. — Carson v. Hill, i McMul, 76. A note is not a formal
instrument in which a married woman was required to express her intention to
bind her separate estate. — Singluff v. Tindal, 40 S. C, 529; 19 S. E., 137. Sealed
notes are specialties. — Cunningham v. Smith, Harp. Eq., 91; Giles v. Mauldin,
7 Rich., L. II., but an instrument under corporate seal may be negotiable. — Bank
V. R. R. Co., 5 S. C, 156.
Sec. 1666. In case, upon presenting of any inland bill or bill inland bills
of exchange, the party or parties on whom the same shall be be protestld if
drawn shall refuse to accept the same, the partv to whom the ^^^ '
. . G S I'Q'-
said bill or bills are made payable, his servant, agent, or assigns, r. s. i-m; 1
and 4 Ann, c.
9; 1712, II.,
545, §i.
650 CIVIL CODE
A. D. 1902.
""^'"^''■"^^ may and shall cause the said bill or bills to be protested for
non-acceptance, as in case of foreign bills of exchange.
Bank v. Steinmetz, i Hill, 44.
to^be'^°hdd Sn- ^^^- ^^^'^' No acceptance of any such inland bill of exchange
mlde^'^°^^* '^ shall be sufficient to charge any person whatsoever, unless the
Q s 1293- same be underwritten or endorsed in writing thereupon ; and if
^e^'i'^f.^' ^^ svLch bill be not accepted by such underwriting or endorsement
in writing, no drawer of any such inland bill shall be liable to
pay any costs, damages, or interest thereupon, unless such pro-
test be made for non-acceptance thereof, and, within fourteen
days after such protest, the same be sent, or otherwise notice
thereof be given, to the party from whom such bill was received,
or left in writing at the place of his or her usual abode ; and if
such bill be accepted, and not paid before the expiration of three
days after the said bill shall become due and payable, then no
drawer of such bill shall be compellable to pay any costs, dam-
ages, or interest thereupon, unless a protest be made and sent,
or notice thereof be given, in manner and form above men-
tioned. Nevertheless, every drawer of such bill shall be liable
to make payment of costs, damages, and interest upon such in-
land bill, if any one protest be made of non-acceptance or non-
payment thereof, and notice thereof be sent, given, or left, as
aforesaid.
As to acceptance. — Brazier v. Chappell, 2 Brev., 107; Sutcliffe v. McDowell,
2 N. & McC, 251; Lilly v. Miller, 2 N. & McC, 257; Edwards v. Moses, 2 N. &
McC, 433; Strockhecker v. Cohen, i Speer, 349; Walker v. Lyde, i Rich., 249.
As to protest. — Lang v. Brailsford, i Bay, 222; Fotheringham v. Price, i Bay,
291; Winthrop v. Pepoon, i Bay, 468; Payne v. Winn, 2 Bay, 374; Fleming v.
McClure, i Brev., 428; Duncan v. Course, i Mill, 100; Kendrick v. Campbell, i
Bail., 522; Bank v. Steinmetz, i Hill, 30; Thompson v. Bank, Riley, 81; Sinclair
V. Lynch, i Speer, 244; Aiken v. Cathcart, 2 Speer, 642; Valk v. Gaillard, 4
Strob., 99.
As to notice. — Long v. Moore, 2 Brev., 172; Ellerbe v. Course, i Mill, 381;
Course v. Shackelford, 2 N. & McC, 283; Walker v. Scott, 2 N. & McC, 286;
Poultney v. Haslett, i N. & McC, 466; Galpin v. Hard, 3 McC, 394; Moon v.
Haynie, i Hill, 411; Bank v. Spell, 2 Hill, 366; Thompson v. Bank, 3 Hill, 77;
Chadwick v. Jeffers, i Rich., 397; Yongue v. Ruff, 3 Strob., 311; Bank v. Adams,
II S. C, 454; Diercks v. Roberts, 13 S. C, 343; Bank v. Wallace, 13 S. C, 347;
Fell V. Dial, 14 S. C, 250; Benedict v. Rose, 16 S. C, 629; Coleman v. Dunlap,
18 S. C, 595.
As to liability of drawer. — Richardson v. Pressnal, i McC, 192; Fernandez v.
Lewis, I McC, 322; Sawyer v. Steele, 2 McC, 459; Mott v. Kennedy, 3 McC,
13; Chur V. Keckley, i Bail., 479; Wilson v. Wright, 7 Rich., 399; McCaskill v.
Ballard, 8 Rich., 470; Dupont v. Ferry Co., 9 Rich., 255; Bank v. Zorn, 14 S. C,
443; McCaughrin v. Williams, 15 S. C, 517. Non-negotiable note. — Weyman
V. Perry, 42 S. C, 415; 20 S. E., 287.
As to liability of endorser. — Bay v. Fraezer, i Bay, 66; Scarborough v. Har-
ris, I Bay, 177; Shirtliffe v. Gilbert, i Bay 466; Fleming v. McCIure, i Brev.,
428; Eifert V. Descourdres, i Mill, 69; Moody v. Morrall, i Mill, 367; Sharpe v.
Bingley, i Mill, 373; Rugely v. Davidson, 2 Mill, 33; Wartenburg v. Lovell, i N.
& McC, 83; Ehrick v. Haslett, i N. & McC, 116; Bauney v. Matherson, i N.
OF SOUTH CAROLINA.
& McC, ii6; Walker v. Scott, 2 N. & McC, 286; Poole v. Tolleson, i McC, 199;
Price V. Young, i McC, 339; Eccles v. Ballard, 2 McC, 388; Stockman v.
Riley, 2 McC, 398; Gillespie v. Hannahan, 4 McC, 503; ^age v. Loud, Harp.,
269; Bank v. Myers, i Bail., 412; Jervey v. Wilbur, i .Bail., 453; Johnson v.
Harth, i Bail., 482; Barrett v. May, 2 Bail., i; Allwood v. Hazeldon, 2 Bail.,
457; Thompson v. Bank, 3 Hill, tj; lb., Riley, 81; Haslett v. King, Rice, 239;
Bank v. Kerr, i McM., 139; Fowler v. Fleming, i McM., 282; Valk v. Bank,
McM. Eq., 414; Aiken v. Berkley, 2 Speer, 747; Cathcart v. Gibson, i Rich.,
10; Matthews v. Fogg, i Rich., 369; Gray v. Bell, 2 Rich., 67; Aiken v. Cath-
cart, 2 Rich., 173; Dogan v. DuBois, 2 Rich. Eq., 85; Gray v. Bell, 3 Rich.,
71; Aiken v. Cathcart, 3 Rich., 133; Garrett v. Butler, 2 Strob., 193; Baker
V. Scott, 5 Rich., 305; Wilthaus v. Ludecus, s Rich., 326; Bank v. Bobo, 9
Rich., 31; Brunson v. O'Connor, 10 Rich., 175; Guynemer v. Lopez, 11 Rich.,
199; Bank v. Adams, 11 S. C, 454; McCelvey v. Noble, 12 Rich., 167; McCreary
V. Bird, 12 Rich., 554; Dierck v. Roberts, 13 S. C, 338; Fall v. Dial, 14 S. C,
247; Bank v. Gary, 18 S. C, 288; Coleman v. Dunlap, 18 S. C, 595.
As to liability of acceptor. — Ashe v. Brewton, i Bay, 243 ; Smith v. Foltz, i
Bay, 280; Scarborough v. Geiger, i Bay, 368; Bank v. Spell, 2 Hill, 366; Sib-
ley V. Tutt, McM. Eq., 320; Strockhecker v. Cohen, i Speer, 349; Walker v. Lide,
I Rich., 249; Stoney v. Joseph, i Rich. Eq., 352; Clark v. Gordon, 3 Rich., 311;
Desbrow v. Farrow, 3 Rich., 382; Gadsden v. Gasque, 2 Strob., 324; Henderson
V. Bank, 11 Rich., 125; Henneman v. Thomson, 8 S. C, 115; Bank v. Gunhouse,
17 S. C, 496.
When the drawee had paid out funds to drawer before notice of order he is
not liable to damages. — Harvin v. Galluchat, 28 S. C, 211; 5 S. E., 359.
Sec. 1668. No such protest shall be necessary, either for When pro-
11-11I- ^^^^ unneces-
non-acceptance or non-payment of any inland bill of exchange, sary.
unless the value be acknowledged and expressed in such bill to G. s. 1294;
° ^ R. S. 1396; lb.,
be received, and unless such bill be drawn for the payment of § 6.
one hundred dollars or upwards.
Sec. 1669. If any person accept anv such bill of exchange Bin of ex-
^ -. . . . . ^ "1, r change accept-
for and m satisfaction of anv former debt or sum of money ed for debt ac-
counted a pay-
formerlv due unto him, the same shall be accounted and es-ment, when;
r 1 1 1 • I- 1 d r a wer, &c.,
teemed a full and complete pavment of such debt, if such per- not to be dis-
, charged.
son accepting of any such bill for his debt doth not take his due — — —
, Cj. o. 1295J
course to obtain payment thereof bv endeavoring to get the R. s. 1397; Zb.,
. " . . §§ 7, 8.
same accepted and paid, and make his protest as aforesaid,
either for non-acceptance or non-payment thereof; but nothing
herein contained shall extend to discharge any remedy that
any person may have against the drawer, accepter or endorser
of such bill.
Cunningham v. Smith, Harp., Eq., 90; Castelo v. Cave, 2 Hill, 528; Fiske v.
Judge, 2 Speer, 436; Bank v. Bobo, 9 Rich., 31; Bryce v. Bowers, 11 Rich., 41;
Johnson v. Clarke, 15 S. C, 72; Bolt v. Dawkins, 16 S. C, 214; Union Bank v.
Wando Co., 17 S. C, 339; Compton v. Patterson, 28 S. C, 115; 5 S. E., 270.
Sec. 1670. Whenever a Notary Public who may have made ^^P|otest_ good
protest for non-payment of any inland bill or promissory note ^^J\^^^^^ "^^^'^
shall be dead, or shall reside out of the County in which said ^ g ^^ggj
bill or note is sued, his protest of said bill or note shall be re-R^g s^j i^98;
ceived as sufficient evidence of notice in any action by any§ 2.
person whatsoever against any of the parties to such bill or note.
652 CIVIL CODE
A. D. 1902.
v^^-^y-^.^ Sharpe v. Bingley, i Mill, 373; Haig v. Newton, i Mill, 423; Dobson v. Laval,
4 McC, 57; Bank v. Green, 2 Bail., 230; Aiken v. Cathcart, 2 Speer, 642.
^^ays.of grace gee. 1671. All bills of exchange, whether foreign or domes-
abie at sight. ^j[(>^ payable at sight, shall be entitled to the same days of grace
R ^'s^ 1399- ^^ ^^^ allowed by law on bills of exchange payable on time.
1748, XI., 512, Qqq 1672. Where any bill of exchange is or shall be drawn
Protested bill ^°'' ^^^ payment of any sum of money, for value received, and
to^ carry inter- g^(>]^ ]^[\\ shall bc protested for non-acceptance or non-payment,
Q g ^,gg. the same shall carry interest from the time such bill shall be-
1786 ^v "^m' come due and payable, at the rate of seven per cent, per annum,
xiii' 463^ § 2' until the money therein drawn for, together with damages and
costs, be fully satisfied and paid.
1 o^Td^%on Sec. 1673. All bills of exchange drawn upon persons resident
ed'^wns!'™'"* within the United States, and out of this State, and returned
G. s. 1299; protested, the damages of such protested bills shall be ten per
1786, ^.,■'^741! cent, on the sum drawn for ; and all bills in like manner drawn
^ ^- upon persons resident in any other part of North America, or
within any of the West India islands, and protested, the dam-
ages shall be twelve and a half per cent. ; and all bills drawn on
persons resident in any other part of the world, being protested,
the damages shall be fifteen per cent, on the sums mentioned in
such bills respectively, and all charges incidental thereto, with
lawful interest, until the same be paid.
No damages are recoverable where one draws a bill on himself. — McCandish v.
Cruger, 2 Bay, 277; see also Bain v. Ackworth, i Const. R., 107; Winthrop v.
Pepoon, I Bay, 461. Damages not recoverable where the bill was given as an ad-
ditional security to a bottomry bond. — Hazlehurst v. Kean, 4 Yeates (Pa.), 19.
Jury may ^^^- 1674. In any action which shall be commenced for the
ro^r^difflret'ce rccovcry of any bill of exchange, or any debt due and made pay-
foreTgn^biffs.°" ^blc in any other country, wherein the plaintiff shall recover,
G. s. 1300; the jury shall have power to find a verdict with such difference
fb., i'i. '^*°^' of exchange as shall be just and agreeable to the true difference
of exchange ; any law, usage, or custom to the contrary not-
withstanding.
Notes, &c.. Sec. 1675. All bills, or promissory notes, payable to order or
one d^o 1 1 a^^ bearer, which shall be issued by any individual or company, or
for 'issumg.^*^ body corporatc, within this State, for any sum or sums under
G. s. 1301; one dollar, shall be void ; and any person or persons who shall
1816, VI., 34i pass, or attempt to pass, or receive any such bill in payment,
^ ^' shall be liable to be indicted therefor, and on conviction thereof
When paper shall be fined not exceeding ten dollars.
m a t u ring on ni^n a • 1 1 • 1 • 1
Sunday or le- Scc. 1676. Any Commercial paper, or other security, which
lectibie. shall mature and become payable and collectible on Sunday, or
R. s. 1404; on any legal holiday, shall be deemed and taken and treated as
1891, XX., 1052. J f= ■"
OF SOUTH CAROLINA.
maturing and becoming payable and collectible on the next day
thereafter, provided such next day shall not be Sunday or a
legal holiday; in which latter event the same shall be deemed,
taken and treated as due, maturing and collectible on the first
day thereafter which is not Sunday or a legal holiday.
Sec. 1677. Whenever it shall appear from the attestation ^^whatjonsid-
clause or from the other parts of any instrument in writing, that struments.
it was the intention of the party or parties thereto that said ^g^_^^^' X-'^m-'
instrument should be a sealed instrument, then said instru-
ment shall be construed to be, and shall have the efifect of, a
sealed instrument, although no seal be actually attached thereto.
This creates a statutory rule of evidence and is applicable to all cases tried since
the passage of this act. — Cook v. Cooper, 59 S. C, 560; 38 S. E., 218. Applied to
scroll or word "seal" written in place of notarial seal. — Wallingford v. Western
Union Tel. Co., 60 S. C, 201; 38 S. E., 444.
ARTICLE III.
Agency.
Sec.
1678. Act of agent good though
principal be dead ; when ;
proviso.
Sec.
1679. Notes made before death of
principal and passed away
by agent after, when valid ;
proviso ; limitation.
Section 1678. If any agent, constituted by power of attorney g ^Q-^^tif^f^gh
or other authority, shall do any act for his principal which g/^^? "^^^g n!
would be lawful if such principal were living, the same shall be p'"°^'^°-
valid and binding on the estate of said principal, although he or ^ ^- g^- ^^I'l
she may have died before such act was done: Provided, The-^^^^' ^^•' ^^^'
party treating with such agent dealt bona Ude, not knowing at
the time of the doing of such act that such principal was dead.
Generally: Power not coupled with interest does not survive. — Johnson v.
Johnston, 27 S. C, 309; 3 S. E., 606.
Sec. 1679. If any note or bill, whether filled up before orbe^fore' Tafh
after having been signed or endorsed, shall be passed away °nd Va s's'e d
after the death of such drawer or endorser, by an agent duly aFtlr, ^^wlffn
constituted in his or her lifetime, the same shall be valid andn^uitio™'''^"'
binding on his or her estate, in like manner as though he or q_ s. 1291 ;
she had not died before such passing away: Provided, The^" ^' ^'^°^' ^^
receiver of such note or bill received the same hofia Ude, without
a knowledge of such death, and that the act of the agent would
have been binding on the principal if it had been done before
654
A. D. 1902.
CIVIL CODE
such death ; the act to be done, either under the power of attor-
ney or authority, or in relation to the bill or note, must be done
within nine months after the death of the principal, or of the
drawer or endorser of such note or bill.
CHAPTER XXXIX.
Limited Partnerships.
Sec.
1680. May be formed by whom, and
for what purposes.
1681. General and special partners,
and their liabilities.
1682. Powers of general partners.
1683. Partners to sign certificate ;
its contents.
1684. Certificate to be proved.
1685. To be filed and recorded in
County Clerk's office.
1686. Affidavit of sums contributed
by each to be filed.
1687. When partnership deemed
formed.
1688. Publication of terms, when
and how made ; partnership
to be general if not made.
1689. Proof of publication.
1690. Renewals of partnership.
1691. Dissolved by alterations, and
deemed general partnership.
1692. Firm name, &c.
1693. Suits to be conducted by and
against general partners.
1694. Rights of special partners.
1695. General partners to account.
1696. Liability of partners for
fraud.
Sec.
1697. Certain transfers, judgments
and securities of insolvent
partnership void.
1698. Certain transfers, &c., of in-
solvent P5,rtner void.
1699. Special partner liable as gen-
eral partner, when.
1700. When not to claim as creditor.
1701. No dissolution by acts of part-
ners without notice ; notice,
where filed and how pub-
lished.
1702. Clerk's fees.
1703. No part of capital stock to
be withdrawn by partners ;
interest allowed in certain
cases.
1704. Against whom creditors may
bring suit.
1705. Names of firm to be kept
posted up ; agent to post up
name of principal ; penal-
ties for default.
1706. Penalty for posting up incor-
rect sign.
1707. Not applicable to special
partners.
May be form-
ed by whom,
and for what
purposes.
G
S.
1303;
R.
S.
1407;
1737,
VI.
578,
§ 1;
lb..
587,
S 27;
1846,
XI.,
265;
1866,XIII,
431.
Genera]
and
special p
ar t-
ners
and
their
liabilities.
G. S. 1304;
R. S. 1408;
1737, VI., 579,
§ 2.
Section 1680. Limited partnerships, for the transaction of
any mercantile, mechanical, or manufacturing business, or for
the transportation of passengers, products of the soil, or mer-
chandise, within this State, may be formed by two or more per-
sons, upon the terms, with the rights and powers, and subject to
the conditions and liabilities, herein prescribed ; but these pro-
visions shall not be construed to authorize any such partnership
for the purpose of banking or making insurance.
Sec. 1681. Such partnerships may consist of one or more
persons, who shall be called general partners, (who shall be
jointly and severally responsible, as general partners now are
by law,) and of one or more persons who shall contribute, in
actual cash payments, a specific sum as capital to the common
OF SOUTH CAROLINA. 655
A. D. 1902.
Stock, who shall be called special partner or partners, and who ^^ ^ — -^
shall not be liable for the debts of the partnership beyond the
funds so contributed by him or them to the capital.
Liability of general partners. — Pope Mfg. Co. v. Welch, 55 S. C, 528; 33 S. E.,
787.
Sec. 1682. The general partners only shall be authorized to g^j^^^^^^p^^^^
transact business and sign for the partnership, and to bind the'^f^l
com<=> G. S. 1305;
^'^"^^- R. S. 1409;
Sec. 1683. The persons desirous of forming such partnership^^-' § ^•
shall make, and severally sign, in the presence of two subscrib- sirn^cerd^ficlte°
ing witnesses, a certificate, which shall contain — its contents.
First. The name or firm under which such partnership is to jj ^- g^- ^^°^:
be conducted. ff '^^■' ^^s'
Second. The general nature of the business intended to be
transacted.
Third. The names of all the general and special partners in-
terested therein, distinguishing which are general and which
are special partners, and their respective places of residence.
Fourth. The amount of capital which each special partner
shall have contributed to the common stock.
Fifth. The period at which the partnership is to commence,
and the period at which it will terminate.
Where this section is not substantially complied with the special are liable as
if general partners. What is not a sufficient compliance. — Spencer Co. v. Johnson,
S3 S. C, 533; 31 S. E., 392.
Sec. 1684. The certificate shall be proved in the same man- ^e'^'^roved*^ *°
ner that deeds of conveyances for lands are required by law to ^ g ^^^.
be proved. f^ s.^^ uii!
Sec. 1685. The certificates so proved, with the probate, shall ^^ ^^ ^j^^
be filed in the office of the Clerk of the Court of that County ?nd recorded
-^m County
in which the principal place of business of the partnership shall Clerk's office.
be situated, and shall also be recorded by him, at large, in a^^ G. ^s.^isos;
book so kept for that purpose, open to public inspection. If § ^■
the partnership shall have places of business situated in differ-
ent Counties, a transcript of the certificate and of the probate
thereof, duly certified by the Clerk in whose office it shall be
filed, under his official seal, shall be filed and recorded in like
manner in the office of the Clerk of the Court in every such
County.
Sec. 1686. At the time of the filing the original certificate, Affidavit o f
^ ^ sums contrlbu-
with the evidence of the execution thereof, as before directed, ted by each to
be filed.
an affidavit of one or more of the general partners shall also
(jr. o. loUyj
be filed in the same office, stating that the sums specified in theR- s. uis; ib.,
6s6 CIVIL CODE
A. D. 1902.
^ » ' certificate to have been contributed by each of the special part-
ners to the common stock have been actually, and in good
faith, paid in cash.
When part- gg(,_ 1687. No such partnership shall be deemed to have been
nersnip deem- ^ ^
ed formed. formed Until a certificate shall have been made, proved, filed
-n ^" ,?;.Hl*''and recorded, nor until an affidavit shall have been filed, as
K. 3. 14J4; lb., '
§ 8- above directed ; and if any false statement be made in such cer-
tificate or affidavit, all the persons interested in such partner-
ship shall be liable for all the engagements thereof, as general
partners.
of^t"rms'''when ^60. 1688. The partners shall publish the terms of the part-
PartnershT^^t^o ncrship, whcu registered, for at least once a week for six weeks,
not made^^ '^ immediately after such registry, in any one of the newspapers
G s isn- ^^ ^^ County in \\ihich the business of such partnership is car-
§^9-^i^9^\ii" ^^^^ °^' ^^^*^ ^^ ^° newspaper be published in said County, then
S33, § 1. |.j^g notice thereof shall be published as aforesaid in any one of
the newspapers of any adjoining County in which newspapers
or a newspaper may be published, and be posted up on the door
of the Court House of the County in which the said firm may
be located. If such publication be not made, nor such notice
given, for the time prescribed, the partnership shall be deemed
general,
ikaw"^ P"^' Sec. 1689. Affidavits of the publication of such notice, by the
Q_ s_ 1312; printers of the newspapers in which the same shall be published,
SsT.^VL,^ 579! may be filed with the Clerk in whose office the original cer-
^ ^^' tificate shall have been recorded, and shall be evidence of the
facts therein stated,
partn'^rrhips."^ Sec. 1690. Evcry renewal or continuance of such partner-
ih., 5S0, § 11; ship, beyond the time originally fixed for its duration, shall be
s.' iln!^^^' ^' certified, proved, and recorded, and an affidavit of a general
partner be made and filed, and notice be given, in the manner
herein required for its original formation ; and every such part-
nership which shall be otherwise renewed or continued, shall be
deemed a general partnership.
Dissolved by Sec. 1691. Evcry alteration which shall be made in the names
alterations, and . ^,,. ., .-
deemed general of the partners, lu the uaturc of the business, or m the capital
partnership. , , . , . ^ . . , .
or shares thereof, or m any other matter specmed in the orig-
s. 1314; r! s! inal certificate, shall be deemed a dissolution of the partner-
ship, and every such partnership, which shall in any manner be
carried on after such alteration shall have been made, shall be
deemed a general partnership, unless renewed as a limited
OF SOUTH CAROLINA. 657
' A. D. 1902.
partnership, according to the provisions of the preceding Sec- '^-^v^~^
tion.
Sec. 1692. The business of the partnership shall be con- g^^^irm name,
ducted under a firm, in which the name or names of the general j^_^ § 13; g.
partner or partners only shall be inserted, without the addition f^-^g^^is; R- s.
of the word "Company," or any other general term; and if
the name of any special partner shall be used in such firm with
his privity, he shall be deemed a general partner.
Sec. 1693. Suits in relation to the business of the partnership Suits to be
conducted by
shall be brought and conducted by and against the general general p a r t-
partners, in the same manner as if there were no special part — ^^ ^^ ^
ners S. 1316; R.' S.'
. ... 1*20.
Sec. 1694. A special partner may, from time to time, examine . . ,
into the state and progress of the partnership concerns, and special p a r t-
may advise as to their management ; but if he shall take any —7 —
active part in transacting the business of the partnership, except hJ^^'''' ^- ^•
as attorney, counsel, or solicitor, he shall be liable as a general
partner.
Sec. 1695. The general partners shall be liable to account to General part-
^ ^_ n e r s to a c-
each other, and to the special partners for the management of count.
their concerns, both in law and equity, as other partners ^ow g-^^- § 1^= G.
are by law. 1^22.
Sec. 1696. Every partner who shall be guilty of any fraud in / ^ nishment
-' -^ . °^ partners for
the affairs of the partnership, shall be liable, civilly, to the party j^^^'^-
injured, to the extent of his damages; and shall also be li^-ble g -^'^g' J. ^^5 2'
to an indictment for a misdemeanor, punishable by fine or im-i*23.
prisonment, or both, in the discretion of the Court by which he
shall be tried.
Sec. 1697. Every sale, assignment, or transfer of any of the^^j^g^j^^ ^ a r"-
property or effects of such partnership, made by such partner- •■J^'^^'^^^'P^^g^^^'
ship, when insolvent, or in contemplation of insolvency, or after, ^^ainsf^^ credi'?
or in contemplation of the insolvency of any partner, with the ^^
intent of giving a preference to any creditor of such partnership j^ "^g ^-.^ ^^1^°:
or insolvent partner over other creditors of such partnership, J^^^' ^^- ^^^'
and every judgment confessed, lien created, or security given
by such partnership, under the like circumstances and with
the like intent, shall be void as against the creditors of such
partnership.
Sec. 1698. Every such sale, assignment, or transfer of any fer"^ of" effects
of the property or effects of a general or special partner, made void^ ^^
by such general or special partner when insolvent, or in con- ib., § 19; g.
S 13''l' R S
templation of insolvency, or after, or in contemplation of the 1425. " • • •
42. — C.
658 CIVIL CODE
A. D. 1902.
^"■"'■^^"'■^ insolvency of the partnership, with the intent of giving to any
creditor of his own, or of the partnership, a preference over the
creditors of the partnership, and every judgment confessed, Hen
created, or security given by any such partner under the like
circumstances and with the Hke intent, shall be void as against
the creditors of the partnership.
nefrTilbir^is ^^^' 1699. Every special partner who shall violate any pro-
ll^l^'^^jP.n '^ *' vision of the last two preceding Sections, or who shall concur
~ g 20; G. ^^ °^ consent to any such violation by the partnership, or by
^^26^^^'' ^' ^' ^'^y individual partner, shall be liable as a general partner.
When not to ^^^' 1*^00. In casc of the insolvency or bankruptcy of the
tors" ^^ "^'^^ partnership, no special partner shall under any circumstances
lb 581 § 21- ^^ allowed to claim, as a creditor, until the claims of all the
s' 1427^^^^' ^' Other creditors of the partnership shall be satisfied.
No dissoiu- ^^^' I'^Ol. No dissolution of such partnership, by the acts of
*^anners ^with^ ^^^ parties, shall take place previous to the time specified in the
out n o t i c e; Qgj-|-i£(;a^g of its formation, or in the certificate of its renewal,
sametobe ' '
^if.f' j.^" }P^ until a notice of such dissolution shall have been filed and re-
el k of Court s
office, &c. corded in the Clerk's office in which the origfinal certificate was
s ^vi-yi- ^R s' recorded, and published for three months in two or more news-
1*"^- papers most contiguous to the place or places where such part-
nership exists, and be posted on the door of the Court House
' - of the County in which the partnership may be located.
Clerk's fees, gee. 1702. The Clerk of the Court shall receive for his serv-
s "^i325^- ^R s' ^^^^ ^^^ same compensation now allowed by law to the Register
1*29. of Mesne Conveyances for similar services.
No part of Scc. 1703. No part of the sum which anv special partner
capital stock to ^ ^ .
be withdrawn shall havc Contributed to the capital stock shall be withdrawn
b y partners. ^
Interest allow- by him, Or paid, loaned, or transferred to him as profits, divi-
ed m certain ■> ' i^ ' ' J^ '
cases. dends, or otherwise, at any time during the continuance of the
ib.,^ 25; G. partnership ; but any partner may annually receive lawful in-
1430. ' terest on the sum so contributed by him, if the payment of such
interest shall not reduce the original amount of the capital after
payment of all the debts of the partnership; and if, after the
pa3^ment of such debts and interest, any profits shall remain, he
. . , rmiy receive his portion thereof.
Against whom ^ . , .
creditors may Scc. 1704. Any Creditor of a limited partnership may, at his
^ —option, include in his suit against the same the special partner,
lb., § 26; G. ^ ' ^ ^ , . .,
s. 1330; R. s. or partners, who may become liable as general partners by fail-
ing to comply with the provisions of this Chapter ; and all the
facts necessary to affirm or negative the liability of such special
partner, or partners, may be given in evidence under the general
OF SOUTH CAROLINA.
issue ; and the failure of the plaintiff to establish such liability
shall not be cause of non-suit.
Sec. 1705. Every mercantile partnership in this State, in firS to"be Lpt
addition to a proper or conspicuous sign-board or plate con- fe°iturtTo/de-
taining the name and style of the firm, shall post up and keep ^^"'^'
posted up in some conspicuous place at the business stand and s/isk! r.' s.'
stands of the firm the given and surname of each member of the ""'"
firm, under pain, in case of default, of being sued and proceeded
against, without naming the individual members of the firm,
and also of forfeiting and paying, individually and each, the
sum of fifty dollars, to any one who shall sue for the same, for
each and every month they shall make such default as aforesaid.
Every person conducting any business as agent shall post up,
and keep posted up, in like manner, the name of his or her
principal, under the like penalty.
Sec. 1706. Any person or persons who shall post up a plate Penalty for
'^ >■ ^ posting up in-
or sign-board, representing himself or themselves as being correct sign,
united with another or others in partnership, under the addition „ G. s 1327;
^ ^' R. S. 143 3;
of the word 'Company" or "Co.," or shall otherwise make such ^^sj, vi., ssi,
representation, when in fact such other or others are not united
with him or them in partnership, as aforesaid, he and they shall
each be subject to forfeit and pay, as aforesaid, the monthly
penalty prescribed in Section 1705 of this Chapter.
Sec. 1707. Nothing contained in the last two Sections shall ^°^ applicable
■^ to special part-
apply to the special partners of a limited partnership. "^^s, &c.
lb. ; G.
132 8; R.
1434.
CHAPTER XL.
Common Carriers, Warehousemen, and Other Bailees for
Hire.
Sec.
1708. Associations not chartered,
carrying for nire by rail-
road, to publish sworn list
of names and residences of
parties ; how.
1709. Carriers' liability at common
law not affected by public
notice, &c.
1710. Liability of common carriers
under contract to deliver to
connecting carrier "in good
order."
1711. When claims against common
carrier shall be adjusted
1712. Public Warehousemen, who
may become.
Sec.
1713. Public Warehousemen, bond
of.
1714. Public warehousemen, lia-
bility on bond.
1715. Insurance on property ; re-
ceipts.
1716. Receipts only to be issued for
goods received.
1717. Receipts as securities.
1718. Receipts, how duplicates may
be issued.
1719. When goods may be removed.
1720. Transfer of title by assign-
ment of receipts.
1721. Removal of goods under legal
process.
66o
CIVIL CODE
A. D. 19G2.
Sec.
1722. Transfer of grain.
1723. Book of entry to be kept.
1724. Action for damages.
1725. Sale of property for storage
charges.
1726. Notice of sale, how and to
whom given.
1727. Disposition of surplus pro-
ceeds of sale.
1728-9. Disposition of perishable
property.
1730. Liability for storage charges.
1731. Maximum charges in tobacco
warehouses.
1732. Railroad Commission to fix
storage charges on freight.
1733. Discrimination and excessive
charges prohibited.
1734. Penalty for overcharge.
Sec.
1735. Common carriers may sell un-
claimed freight, &c.
1736. Contents of advertisement.
1737. Disposition of moneys re-
ceived.
1738. Books of sale to be kept for
inspection.
1739. Mechanics may sell property
left for repair ; when, and
by whom ; how proceeds dis-
posed of, &c.
1740. Commissions on such sales.
1741. Keepers of hotels, inns and
boarding houses ; how re-
lieved from liability for loss
of baggage and valuables ;
notice to be posted, &c.
Telephone Companies as common carriers. — State ex rel Gwynn v. Citizens Tel.
Co., 6i S. C, 83; 39 S. E., 257.
Association Sectioii 1708. When any association of individuals not having
not chartered, , . _
carrying f o r a charter from this State shall undertake to carry for hire, by
hire by rail- ., , . . .... . -
road, to pub- railroad, m whole or m part, the said individuals are required
lish sworn list ,,.,., ^.~ ,.,
of names and to publish, lu three iiewspapers of this State, a correct list, to be
residences of . , ^, , . ^ -^, , _.
parties; how. swom to bcforc onc of the Clerks of Common Pleas and Gen-
G. s. 1331, eral Sessions in this State, of the names and residences of the
1332; R. S. . .
143 5; 18 6 3, parties interested in the business of carrvinsf. The said list
XIII., 216, § 4. ^ . ' r .
shall appear at least once in two months during the time they
are engaged in said business.
Carriers' lia- Sec. 1709. No public uoticc or declaration shall limit or in
bility at com-
mon law not any wise affect the liability at common law of any public com-
affectedby-^ . . ^ ,^., ,
public notice, mou camers for or m respect of any goods to be carried and
— ;— conveyed by them; but they shall be liable, as at common law,
R. s". 14 3 6;' to answer for the loss of or injury to anv articles and goods de-
1864, xriL, ,. , , ^ \ ^ - ,. . ^ , ,
262, § 2. livered to them for transportation, any public notice or declara-
tion by them made and given contrary thereto or in any wise
limiting such liability notwithstanding,
McClure v. Hammond, i Bay, 99; Gaither v. Barrett, 2 Brev., 488; McDon-
ald v. Clerk, 3 McC, 223; Bason v. Steamboat Company, Harp., 262; Camp-
bell V. Morse, Harp., 468; Ewart v. Street, 2 Bail., 157; Smyrl v. Niolin, 2
Bail., 421; Blair v. Jeffries, Dud., 59; Patten v. Magrath, Dud., 159; Faulk-
ner v. Wright, Rice, 107; Goodwyn v. Douglas, Cheves, 174; Littlejohn v. Jones,
2 McM., 365; Ross V. English, 2 Speer, 393; Swindler v. Hilliard, 2 Rich., 286;
Singleton v. Hilliard, i Strob., 203; Peixotto v. McLaughlin, i Strob., 468; Mc-
Call V. Brock, 5 Strob., 119; McClenaghan v. Brock, 5 Rich., 17; Cameron v. Rich,
5 Rich., 352; Shaw v. R. R. Co., 5 Rich., 462; Dill v. R. R. Co., 7 Rich., 158;
Nettles V. R. R. Co., 7 Rich., 190; Lipford v. R. R. Co., 7 Rich., 409; Maybin v. R.
R. Co., 8 Rich., 240; Baker v. Brinson, 9 Rich., 201; Burnside v. Steamboat Co., 10
Rich., 113; Kayle v. R. R. Co., 10 Rich., 382; Wardlaw v. R. R, Co., 11 Rich., 337;
Porcher v. R. R. Co., 14 Rich., 181; Porter v. Express Co., 4 S. C, 135; Levy v.
Express Co., 4 S. C, 234; Faust v. R. R. Co., 8 S. C, 118; Bamberg v. R. R. Co.,
OF SOUTH CAROLINA. 66i
A. D. 1902.
9 S. C, 6i; Spear v. R. R., ii S. C, 158; ex parte Benson & Co., 18 S. C, 43; ^— ^v'""'^
Brown v. R. R. Co., 19 S. C, 56; Piedmont v. R. R. Co., 19 S. C, 364; Walling-
iford V. R. R. Co., 26 S. C, 258; 2 S. E., 19; Edwards v. R. R. Co., 32 S. C,
117; 10 S. E., 822.
Sec. 1710. When under contract for shipment of freight or Responsibility
•■^ ... 01 earners un-
express over two or more common carriers, the responsibiH- der ce r t a i n
■•^ ' ^ contracts.
ty of each or any of them shall cease upon delivery to the con- -^^^^ — '^^
necting line "in good order," and if such freight or express S22.
has been lost, damaged or destroyed, it shall be the duty of Loss or dam-
' •=> -' ' -^ age to be ad-
the initial delivering or terminal road, upon notice of such loss, justed.
damage or destruction being given to it by the shippers, con-
signee, or their assigns, to adjust such loss or damage with the
owners of said goods within forty days, and upon failure to Fine,
discharge such duty within forty days after such notice, or to Failure.
trace such freight or express and inform the said party so noti-
fying when, where and by which carrier the said freight or
express was lost, damaged or destroyed, within said forty days,
then said carrier shall be liable for all such loss, damage or de-
struction in the same manner and to the same extent as if such
loss, damage or destruction occurred on its lines : Provided, Proviso.
That if such initial, terminal or delivering road can prove that,
by the exercise of due diligence, it has been unable to trace
the line upon which such loss, damage or destruction occurred,
shall thereupon be excused from liability under this Section.
As to what contracts it refers — Cave v. C. M. Ry. Co., 53 S. C, 496; 31 S. E., 359.
Sec. 1711. All common carriers doing business in this State ^j.^^'^j.^^^^gg p^^
shall be required to pay for or refuse to pay for all loss, break- P?^yj^i°?^^^
age, or damage from breakage, damage or loss of articles ^^L
shipped over the lines of said common carriers within sixty ^^g^^^'^' ^^^^••
days from the time a claim for the said articles so lost, broken
or damaged shall be made.
In case the said common carrier shall not pay or refuse to f^;,? g^^J*^ p°y
pay said claim for said loss, breakage or damage as set out in loss in eo days
this Section within the sixty days therein provided for, then
the said common carrier shall be liable for the sum of fifty dol-
lars for each offence as penalty, in addition to the amount of
said loss or damage, to be collected by the claimant in any
Court having jurisdiction of the same.
Sec. 1712. Any person engaged in the business of a ware- , Pu^ic ware-
■1 y^ . . housemen.
houseman, or any corporation organized under the laws of this ■ ^^^^ y^y^u.
State and whose charter authorizes them to engage in the bus-206.
iness of a warehouseman within this State, may become a public
warehouseman and authorized to keep and maintain public
662 CIVIL CODE
A. D. 1902.
^'^''^-y^-^ warehouses for the storage of cotton, goods, wares and other
merchandise as hereinafter prescribed, and upon giving the
bond hereinafter required.
To give bond. ggg_ 1713. Evcry person or corporation so authorized under
^^- the preceding Section to become a public warehouseman shall
give bond, to an amount based on the estimated value said
warehouseman will provide storage for, to the Clerk of the
Court of Common Pleas of the County wherein is situated the
warehouse of said public warehousemen, with sufficient sureties,
to be approved by the said Clerk of Court, for the faithful per-
formance of the duties of a public warehouseman,
bond'^''**^ °'^ ^®^- 1714. Whenever such warehouseman fails to perform
~7^^ his duty, or violates any of the provisions of this Chapter any
person injured by such failure or violation may bring an action
in his name, and to his own use, in any Court of competent
jurisdiction, on the bond of said warehouseman ; and in case he
shall fail in said action he shall be liable to the defendant for
any costs which the defendant may recover in the action,
insure ^iT /op- ^^^' 1715. Every such warehouseman shall, when requested
warlhoule? r^^ thereto, in writing, by a party placing property with him, or it,
ceipt for goods ^^^ storage, cause such property to be insured for whom it may
concern. Every such warehouseman shall, except as herein-
after provided, give to each person depositing property with
him for storage a receipt therefor, which shall be negotiable in
form, and shall describe the property, distinctly stating the
brand or distinguishing marks upon it, and if such property is
grain the quantity and inspected grade thereof. The receipt
shall also state the rate of charges for storing the property, and
amount and rate of insurance thereon, and also the amount of
the bond given to the Clerk of the Court as hereinabove pro-
vided : Provided, however. That every such warehouseman
shall, upon request of any person depositing property with him
for storage, give to such person his non-negotiable receipt
therefor, which receipt shall have the words "non-negotiable"
plainly written, printed or stamped on the face thereof.
No warehouse ^®^" 1716. No warehouseman, wharfinger, public or private
ceipt°fo"prop- i^^spector or custodian of property, or other person, shall issue
en unies^^ctu- ^"^ receipt, acccptancc of an order or other voucher for or upon
ally received, ^j^y goods, warcs, merchandise, provisions, grain flour or other
852^^'^' ■^^'^■' produce or commodity to any person or persons purporting to
be the owner or owners thereof, or entitled or claiming to re-
ceive the same, unless such goods, wares, merchandise, pro-
OF SOUTH CAROLINA.
visions, grain, flour or other commodity shall have been actually
received into the store or upon the premises of such warehouse-
man, wharfinger, inspector, custodian or other person, and shall
be in store or on the said premises as aforesaid and under his
control at the time of issuing such receipt, acceptance or
voucher.
Sec. 1717. No warehouseman, wharfinger or other person .No such re-
ceipt to be is-
shall issue anv receipt or other voucher upon anv goods, wares, sued as secur-
', ityunless
merchandise, grain, flour or other product or commodity to any goods are in
person or persons as security for any money loaned or other
lb.
indebtedness, unless such goods, wares, merchandise, gram or
other produce or commodity shall be at the time of issuing such
receipt in the custody of such warehouseman, wharfinger or
other person, and shall be in store or upon the premises and
under his control at the time of issuing such receipt or other
voucher as aforesaid.
Sec. 1718. No warehouseman, wharfinger, inspector, cus- No duplicate
<^ ' J^ _ receipt to be
todian or other person shall issue anv second or duplicate re- issued unless
^ ■ ^ so marked.
ceipt, acceptance or other voucher for or upon any goods, wares,
merchandise, provisions, grain, flour or other produce or com-
modity while any former receipt, acceptance or voucher for or
upon any such goods, wares, merchandise, provisions, flour,
grain or other produce or commodity as aforesaid, or any part
thereof, shall be outstanding and uncancelled, without writing
in ink across the face of the same "Duplicate."
Sec. 1719. No warehouseman, wharfinger or other person No such
'-' ^ goons to be re-
shall sell or encumber, ship, transfer or in any manner remove moved without
-^ -^ _ assent ot per-
beyond his immediate control any goods, wares, merchandise, son holding re-
grain, flour or other produce or commodity for which a receipt
shall have been given by him as aforesaid, whether received for
storing, shipping, grinding, manufacturing or other purposes,
without the written assent of the person or persons holding
such receipt.
Sec. 1720. Warehouse receipts given for any goods, wares, pj.'^l'jP^*^ ^'"^"^"
merchandise, cotton, grain, flour, produce or other commodity
and chattels stored or deposited with any warehouseman,
wharfinger or other person, mav be transferred bv endorsement „ . , , ,
* ir ' . . Rights of
and delivery thereof, to the purchaser or pledgee, signed by the transferee.
person to whom the receipt was originally given, or by an ^i^'g 5^9^'''-i^'^^'^6'
dorsee of such receipt ; and any person to whom the same may xxii,. 206.
be so transferred shall be deemed and taken to be the owner of
the goods, wares and merchandise therein specified, so far as to
CIVIL CODE
give validity to any pledge, lien or transfer made or created by
such person or persons ; but no property shall be delivered except
Receipt to be "^^ Surrender and cancellation of said original receipt or the en-
s1i^rrIn'^d'i"/of dorsemcnt of such delivery thereon in case of partial delivery.
goods. 'pj^g assignment of warehouse receipts which shall have the
bie^"*^ "^^°*'^' words "Not negotiable" plainly written or stamped on the face
1806, XXII., thereof shall not be effective until recorded on the books of the
206, § 4. warehouseman issuing them.
repktil°d??°rt^ ^^^' ^'^^^- So much of the preceding Sections 1719 and 1720
moved by law, ^g forbids the delivery of property except on surrender and
852^^^' ^ ^ ■^" cancellation of the original receipt or the endorsement of such
delivery thereon, in the case of partial delivery, shall not apply
to property replevied or removed by operation of law.
^'"^'"' Sec. 1722. When grain or other property is stored in public
206.^^^' '^^^^" warehouses in such a manner that different lots or parcels are
mixed together, so that the identity thereof cannot be accurately
preserved, the warehouseman's receipt for any portion of such
grain or property shall be deemed a valid title to so much
thereof as is designated in said receipt, without regard to any
separation or identification.
Shall keep a gcc. 1723. Evcry such warehouseman shall keep a book in
book or entry. _ -^ J^
— — which shall be entered an account of all his transactions re-
lating to warehousing, storing and insuring cotton, goods,
wares and merchandise, and to the issuing of receipts therefor,
which books shall be open to the inspection of any person
actually interested in the property to which such entries relate.
dama^^es ^ ° '^ ^®^* ■^'^^^* ^^^ ^^^ cvcry pcrson or persons aggrieved by the
1887 XIX violation of any of the provisions of Sections 1716 to 1721 may
S52. have and maintain an action at law against the person or per-
sons violating any of the provisions thereof to recover all dam-
ages, immediate or consequental, which he or they may have
sustained by reason of any such violation as aforesaid, before
any Court of competent jurisdiction, whether such person shall
have been convicted as hereinbefore mentioned or not.
When he may gcc. 1725. Evcry pubHc Warehouseman who shall have in his
sell property -' ^
left with him, ppssessiou any property by virtue of any agreement or ware-
206^^^' "^^^^•' house receipt for the same, storage of the same, on which a
claim for storage is at least one year overdue, may proceed to
sell the same at public auction, and out of the proceeds may
return all charges for storage of such goods, wares and
merchandise, and any advances that may have been made
thereon by him or them, and the expenses of advertising and
OF SOUTH CAROLINA. 665
A. D. 1902.
sale thereof. But no sale shall be made until after the giving ^^— '^^^"^
of printed or written notice of such sale to the person or per-
sons in whose name such goods, wares and merchandise were
stored, requiring him or them, naming them, to pay the ar-
rears or amount due for such storage, and in case of default in
so doing the goods, wares and merchandise may be sold to pay
the same at a time and place to be specified in such notice.
Sec. 1726. The notice required in the last preceding Section h^w'slrvld.^^^'
shall be served by delivering it to the person or persons in J^_
whose name such goods, wares and merchandise were stored,
or by leaving it at his usual place of abode, if within this State,
at least thirty days before the time of such sale, and a return of
the service shall be made by some officer authorized to serve
civil process, or by some other person, with an affidavit of the
truth of the return. If the party storing such goods cannot
with reasonable diligence be found within this State, then such
notice shall be given by publication once in each week for two
successive weeks, the last publication to be at least ten days
before the time of such sale, in a newspaper published in the
city or town where such warehouse is located ; or if there be
no such paper, in one of the principal newspapers published in
the County in which said city or town is located. In the event
that the party storing such goods shall have parted with the
same, and the purchaser shall have notified the warehousemen,
with his address, such notice shall be given to such person in
lieu of the person storing the goods.
Sec. 1727. Such warehousemen shall make an entry, in a ^J^^pius after
book kept for that purpose, of the balance or surplus, of pro- — ^'
ceeds of sale, if any, and such balance or surplus, if any, shall
be paid over to such person or persons entitled thereto on de-
mand. If such balance or surplus is not called for or claimed
by such party or owner of said property within six months after
such sale, such balance or surplus shall be paid by said ware-
houseman to the Clerk of the Court of the County in which
said warehouse is located, who shall pay the same to the parties
entitled thereto, if called for or claimed by the original owner
within five years after the sale thereof, and such warehouse-
man shall at the same time file with said Clerk an affidavit in
which shall be stated the name and place of residence, so far as
the same are knowpi.
See Criminal Code for penalty for illegal sales.
666 CIVIL CODE
A. D. 1902. ■
^""^^^■"^ Sec. 1728. Whenever a public warehouseman has in his pos-
propert^,^ how session any property which is of a perishable nature, or will
disposed of. deteriorate greatly in value by keeping, or upon which the
^^- charges for storage will be likely to exceed the value thereof, or
which by its odor, leakage, inflammability, or explosive nature,
is likely to injure other goods, such property having been stored
upon non-negotiable receipt, and when said warehouseman has
notified the person in whose name the property was received to
remove said property, but such person has refused or omitted to
receive and take away such property and to pay the storage
and proper charges thereon, said public warehouseman may in
the exercise of a reasonable discretion sell the same at public
or private sale, without advertising, and the proceeds, if there
are any proceeds after deducting the amount of said storage
and charges and expenses of sale, shall be paid or credited to
the person in whose name the property was stored ; and if said
person cannot be found, on reasonable enquiry, the sale may be
made without any notice, and the proceeds of such sale, after
deducting the amount of storage, expenses of sale, and other
proper charges, shall be paid to the Clerk of the Court of the
County wherein said warehouse is situated, who shall pay the
same to the person entitled thereto if called for or claimed by
the rightful owner Avithin one year of the receipt thereof by
said Clerk.
Sec. 1729. Whenever a public warehouseman, under the pro-
•^^* visions of the preceding Section, has made a reasonable effort
to sell perishable and worthless property, and has been unable
to do so, because of its being of little or no value, he may then
proceed to dispose of such property in any lawful manner, and
he shall not be liable in any way for property so disposed of.
Sec. 1730. Whenever a public warehouseman, under the
storage'.'^*'^ ''°'' provisious of the two preceding Sections, has sold or otherwise
disposed of property and the proceeds of such sale or disposition
have not equalled the amount necessary to pay the storage
charges, expenses of sale and other charges against said prop-
■ erty, then the person in whose name said property was stored
shall be liable to said public warehouseman for an amount
which, added to the proceeds of such sale, will be sufficient
to pay all of the proper charges upon said property ; or in case
such property was valueless and there were no proceeds realized
from its disposition, the person in whose name said property
OF SOUTH CAROLINA.
was stored shall be liable to said public warehouseman for all
proper charges against said property.
Sec. 1731. The charges and expenses of handling and selling Ma x i m u m
- . . . r- '■ates for sell-
leaf tobacco upon the floor of tobacco warehouses m this btateing leaf to-
. . bacco fixed.
shall not exceed the following schedule of prices, to wit: tor
auction fees, fifteen (15) cents on all piles of one hundred
pounds or less, and twenty-five (25) cents on all piles of over one
hundred pounds and less than two hundred pounds; fifty (50)
cents per pile for piles of two hundred pounds or over. For
weighing and handling ten (10) cents per pile for all piles of
less than one hundred pounds ; for all piles of over one hundred
pounds, at the rate of ten (10) cents per hundred pounds; for
commission on the gross sales of leaf tobacco in said ware-
houses, not to exceed two and one-half per centum.
The proprietor of each and every warehouse shall render to Biiis of same
each seller of tobacco at his warehouse a bill, plainly stating the ed the seller,
amount charged for weighing and handling, the amounts
charged for auction fees and the commission charged on such
sale; and it shall be unlawful for any other charges or fees
exceeding those herein named to be made or accepted : Pro-
vided, That the provisions of this Section shall not apply to the
Counties of Horry, Sumter, Pickens, and Chesterfield.
Sec. 1732. Power is hereby conferred on the Railroad Com- r. r. com-
mission of South Carolina, and they are required to fix and^orag? charg-
prescribe a schedule of maximum rates and charges for storage '^^'^
of freight made and charged by railroad companies doing 720. '''
business in this State, and to fix at what time, after the recep-
tion of freight at place of destination such charges of storage
shall begin, with power to vary the same according to the value
and character of the freight stored, the nature of the place of
destination, and residence of consignee, and such other facts as
in their judgment should be considered in fixing the same.
All the provisions of the Act creating said Railroad Com-
mission, and acts amendatory thereof, prescribing the procedure
of said Commission in fixing freight and passenger traffics, and
hearing complaints of carrier and shippers, and of altering and
amending said tariffs, shall apply to the subject of fixing and
amending rates and charges for storage, as aforesaid.
Sec. 1733. No railroad company shall make or retain, direct- -q j scrimina-
ly or indirectly, any charge for storage of freight greater than f 9^^ T'^^hTrTes
that fixed by the Commission for each particular storage, nor prohibited.
CIVIL CODE
storage.
lb.
shall they discriminate directly or indirectly by means of rebate,
or any device in such charges, between persons.
ove^h"rge o°f ^^^- 1734. If any railroad company shall violate the provis-
ions of this Chapter, either by exceeding the rates of storage
prescribed, or by discriminating, as aforesaid, the person or per-
sons so paying such overcharge, or subjected to such discrimina-
tion, shall have the right to sue for the same in any Court of this
State having jurisdiction of the claim, and shall have all the
remedies, and be entitled to recover the same penalties and
measure of damages as is prescribed in the case of overcharge
of freight rates, upon making like demand as is prescribed in
such case, and after like failure to pay the same.
riSs"may sdi ^^^' 1735. Evcry railroad corporation, express company,
ciaimecf for sfx ^i^d the proprietors of every steamboat engaged in the trans-
™°"^'^^" portation of passengers and freight, or either, which shall have
R. s.^i4^4^4;had unclaimed freight or baggage not perishable in its pos-
1887, XTX., 858. gession for the period of six months may proceed and sell the
Notice to be Same at public auction, after giving notice to that effect in one
given. Qj. j^Qj-g newspapers published in the State or at the place where
such goods are to be sold once a week for not less than four
weeks, and shall also keep a notice of such sale posted for the
same time in a conspicuous place in the principal office of said
company.
Contents of gee. 1736. Said notice shall contain, as near as practicable, a
advertisement. ' ^
j^ . Q — ^ description of such freight or baggage, the place and time when
1445^ ^' ^^' ^' ^^*^ where left, together with the name and residence of the
owner of the freight or baggage, or person to whom it is con-
signed, if the same be known.
Disposition Sec. 1737. All moneys raised from the sale of freight or
of moneys re- -^ o
^^^''^^- baggage as aforesaid, after deducting therefrom charges and
s "^ i665^- 'r' s" ^^P^^ses for the transportation, storage, advertising, commis-
1446. sions for selling the property, and any amount previously paid
for advances on such freight and baggage, shall be paid by the
company to the persons entitled to receive the same.
to^b?ke° t ^fo? ^®^- ^'^^^- '^^^^ ^^^^ company shall keep books of record of
inspection. ^\\ c^xich. . salcs as aforcsaid, containing copies of such notices,
ii\'l- R I' proofs of advertisements and posting, affidavit of sale, with the
^**^- amount for which each parcel was sold, the total amount of
charges against such parcel, and the amount held in trust for
the owner; which books shall be open for inspection by claim-
ants, at the principal office of the said company, and at the
office where the sale was made.
OF SOUTH CAROLINA.
Sec. 1739. It shall be lawful for any mechanic, in this State,
when property may be left at his shop for repair, to sell the When and by
' .^ .. whom mav be
same at public outcry, to the highest bidder, after the expirations o i d; surplus
^ . , deposited with
of one year from the time such property shall have been re- cierkof Court,
paired ; and the same shall be sold bv any Magistrate of the g. s. i667;
County in which the work was done: Provided, That the saidi875, xv., srs.
Magistrate shall, before selling such property, advertise the
same, for at least ten days, by posting a notice in three of the
most conspicuous places in his township. And he shall, after
deducting all proper costs and commissions, pay to the claim-
ant the money due to him, taking his receipt for the same ; after
which he shall deposit the said receipt, as well as the items of
costs and commissions, with the remainder of money or pro-
ceeds of the sale, in the office of the Clerk of the Court, subject
to the order of the owner thereof, or his legal representatives. ^ . .
° ^ Commissions
Sec. 1740. The Magistrate who shall sell such property shall on such sales.
be entitled to receive the same commissions as are now allowed „ ^.^ ^- is^s;
R. b. 17 40;
by law for the sale of personal property by constables. is^s, xv., 878.
Sec. 1741. Whenever and so long as the proprietor or pro- . Liability o f
^ ^^ ^ inn-k eepers
prietors of any hotel, inn, or boarding house shall post and limited.
keep posted in a conspicuous manner, in the room occupied by n o t i c e to
any guest a notice requiring such guest to bolt the door — -
of such room, or on leaving his room to lock the door
and leave the keys at the office, and also to deposit such
monev and jewels as are not ordinarily carried upon the ^
■^ ■' . -- Exemption or
person, in the office safe, and such guest shall neglect proprietor,
to comply with the requirements of such notice, the proprietor
or proprietors of such hotel, inn, or boarding house shall not
be liable for the loss of the baggage of such guests which may
be lost or stolen from said room, or for the loss of such money
and jewels not deposited in such safe: Provided, That this Sec- negligence.
tion shall not apply to cases in which the proprietor or pro-
prietors of such hotel, inn, or boarding house have by their
own negligence contributed to such loss.
Liability for negligence. — Axon v. Newson, i McC, 509.
CIVIL CODE
CHAPTER XLI.
Hawkers and Peddlers.
Sec.
1742. Must obtain license ; from
whom.
1743. Clerk authorized to grant
such license ; amount of fee
payable to County.
1744. Inspection of license.
Sec.
1745. Vendors of what articles ex-
empt ; what not exempt.
1746. Certain sailors and soldiers
exempted.
1747. Prohibited from selling medi-
cine.
ob^lined! from Scctioii 1742. No person shall, as hawker or peddler, expose
^^°'"- for sale or sell any goods, wares and merchandise in any County
R.%.^i4?i; ^^ ^his State unless he has received and is ready to produce and
i^s^gs^^^xxLi exhibit a license from the Clerk of the Court of Common Pleas
^°^- of such County so as to sell or expose for sale goods, wares and
merchandise in said County.
Hawkers and peddlers defined. — State v. Belcher, i McM., 40.
State V. Moretiead, 42 S. C, 211; 20 S. E., 544; Alexander v. Greenville; 49
S. C, 527; 27 S. E., 479; State v. Coop, 52 S. C, 508; 30 S. E., 609.
Term of li- gcc. 1743. Said Clerk shall issue licenses to hawkers and
cense; tee for,
to be fi.xed by peddlcrs, to be good in his County until the last day of Decem-
Commissioners. j^gj- next after the date of its issue, upon receiving from the ap-
, /r'i ?-aA- plicant such fee or fees therefor as the County Board of Com-
XXI., 40S. missioners shall at their first meeting in January after the pass-
age of this Chapter, and thereafter at their first meeting in Jan-
uary of every year, establish and fix license fees for hawkers and
peddlers in their County ; and it shall be the duty of the County
Board of Commissioners to fix and establish the said license
, lees in the several Counties of this State. And each license
shall specify the sum paid therefor and the privileges granted
thereby.
As to constitutionality of this section see opinion of Mr. Justice Gary, in State
V. Moorehead, 42 S. C, 216; 20 S. E., 544.
Inspection of gee. 1744. It shall be the duty of every Magistrate and every
licenses; a r - j j o j
rest and trial. Constable and of the Sheriff and of his regular deputies to,
n.; R. s. and every citizen may, demand and inspect the license of any
hawker or peddler in his or their County who shall come under
the notice of any of said officers, and to arrest or cause to be
arrested any hawker or peddler found without a good and valid
license, and to bring such hawker or peddler before the near-
est Magistrate to be dealt with according to law.
What articles Sec. 1745. The provisious of this Chapter shall not ex-
not exempt, tcud to vcudors of ucwspapcrs, magazines, vegetables, tobacco,
ih.\ R. s. provisions of any kind or agricultural products, or to sales by
1454.
OF SOUTH CAROLINA. 671
A. D. 1902.
sample by persons traveling for established commercial houses, '"^—'v^-^
but shall extend and apply to vendors of every other class and
kind of goods, wares and merchandise, and to sales by sample
or otherwise by such hawkers and peddlers of stoves, ranges,
clocks, lightning rods, sewing machines, pianos or organs.
This Section only extends to sale by "hawkers and peddlers" as heretofore de-
fined; it does not include traveling salesmen of houses having established places
of business in this State. — State v. Moorehead, supra, or such merchants, sending
out delivery* wagons, from which they occasionally take orders. — Alexander v.
Greenville, supra., or one who delivers a picture already sold, with option to pur-
chaser to buy frame, as set out in contract of sale. — State v. Coop, 52 S. C, 508.
Sec. 1746. Any person who was a bona fide soldier or sailor _,. Certai^n soi-
•^ -^ diers and sail-
in the service of the State of South Carolina or of the Con- o" ex e m p t
from hawkers
federate States in the war between the States may expose for and peddlers'
•^ ^ license.
sale or sell, as hawker or peddler, any goods, wares or merchan-
dise in any County in this State without taking out the license
required by this Chapter : Provided, He make to the Clerk of
the Court of Common Pleas of the County in which such goods
are to be sold satisfactory proof that he was such soldier or
sailor.
Sec. 1747. It shall be unlawful for any person to travel as pJalSfp r o'^-
hawkers and peddlers from place to place in this State and to ^^j^j^^^f medT
sell or to offer for sale any medicine, drug or compound to be ""'^-
used as a curative : Provided^ That this Section shall not apply 532^^^*^' ^^^^•'
to practicing physicians who are registered in accordance with
the laws of this State.
CHAPTER XLII.
Pawnbrokers.
Sec.
1748. License required before carry-
ing on business as pawn-
broker.
1749. By whom, and how granted.
1750. Actions against pawnbrokers.
1751. Book to be kept by pawn-
brokers.
Sec.
1752. Memorandum to be given de-
scribing goods.
1753. Books may be inspected.
1754. Interest regulated.
1755. When goods pledged may be
sold.
1756. Penalties for violations.
Section 1748. No person, corporation, member of copartner- Unlawful to
carry on busi-
ship or firm shall hereafter carry on the business of pawnbroker, ness of pawn-
. broker without
m any of the cities, towns or Counties of this State, without hav- license.
ing first obtained from the Mayor of the city or town, or Clerk i^oo. xxiii.,
of the Circuit Court of the County where the business is to be
carried on, a license, for which he shall pay such license fee
CIVIL CODE
ed.
lb.
as may be fixed by the municipal authorities of the city or town
of the State, or by the County Board of Commissioners of the
Counties authorizing such person to carry on the same, in the
manner and upon the conditions stated in the succeeding Sec-
tions of this Chapter.
shauTe'grTnt! Scc. 1749. The Mayor of any city or town, the Clerk of the
Circuit Court of the County, may from time to grant, under his
hand and the official seal of his office, to such citizfens as he
shall deem proper, and who shall produce to him satisfactory
evidence of their good character, a license authorizing such
citizen or citizens to carry on the business of a pawnbroker
which license shall designate the house in which such person
shall carry on said business; and no person, corpora-
tion, member or members of a copartnership or firm
shall carry on the business of a pawnbroker without being
duly licensed, nor in any other house than the one desig-
nated in said license, under penalty of five dollars for
each day he or she or they shall exercise or carry on said
Pawnbroker t^usiness without such Hccnse, or at any other house than the
defined. ^^^ designated. Any person, corporation, member or members
of a copartnership or firm^ who loans money on pledge of per-
sonal property or other valuable thing, other than securities or
printed evidences of indebtedness, or who deals in the purchas-
ing of personal property or other valuable thing, on condition
of selling the same back again at a stipulated price, is hereby
declared and defined to be a pawnbroker. Every person so
licensed shall, at the time of receiving such license, file with the
Bond. Mayor or Clerk of the Court granting the same, a bond to the
local authorities of such city or town or County, to be executed
b}^ the person so licensed any by two responsible sureties, or a
surety company licensed to do business in the penal sum of one
thousand dollars, to be approved of by such Mayor or Clerk of
the Circuit Court, and which bond shall be conditioned for the
faithful performance of the duties and obligations pertaining
to the business so licensed, and the Mayor or Clerk of the
Circuit Court shall have full power and authority to revoke
such license for cause.
Actions Sec. 1750. If any person shall be aggrieved by the miscon-
bfotefs. ^^"^"'duct of any such licensed pawnbroker, and shall recover judg-
/^^ ment against him therefor, such person may, after the return
unsatisfied, either in whole or in part, of any execution issued
upon said judgment, maintain an action in his own name upon
OF SOUTH CAROLINA.
the bond of said pawnbroker in any Court having jurisdiction
of the amount claimed, Provided, Such Court shall upon appli-
cation, made for the purpose, grant such leave to prosecute such
suit.
Sec. 1751. Every such pawnbroker shall keep a book in to^klep'^°b'o"k
which shall be fairly written, at the time of such loan, an ac- ^'°/ description
■J ' 'of goods pawn-
count and description of the goods, articles or things pawned '=^-
or pledged, the amount of money loaned thereon, the time of
pledging the same, the rate of interest to be paid on such loan,
and the name and residence of the person pawning or pledging
the said goods, articles or things.
Sec. 1752. Every such pawnbroker shall at the time of each dl°s jfrTb'^n'g
loan deliver to the person pawning or pledging any goods, soods pawned,
article or thing, a memorandum or note, signed by him, con-
taining the substance of the entry required to be made in his
book by the last preceding Section, and no charge shall be made
or received by any pawnbroker for any such entry, memoran-
dum or note.
Sec. 1753. The said book shall at all reasonable times be open for°i'nspection'!
to the inspection of the Mayor and Clerk of the Circuit Court,
all Judges of the Criminal Courts, the Superintendent of Police,
Police Inspectors, Captains of Police, and Police Justices of
such towns or Counties, or any or either of them, or of any per-
son who shall be duly authorized in writing for that purpose
by any or either of them, and who shall exhibit such written
authority to such pawnbroker.
Sec. 1754. No pawnbroker shall ask, demand or receive any interest.
greater rate of interest than that now fixed by Statute.
Sec. 1755. No pawnbroker shall sell any pawn or pledge
until the same shall have remained sixty days in his possession ^e^ s^old^ before
after the maturity of the debt for which the property was ^^^'^^^^^f^yf *"
pledged.
Sec. 1756. The Mayor or Clerk of the Circuit Court, so Pe.'iait'"—
-' ' how imposed.
licensing such pawnbroker, shall have full power and authority —
to impose fines and penalties, of not less than twenty-five dol-
lars nor more than one hundred dollars, upon persons offending
against any or either of the foregoing provisions, for each and
every ofifence, excepting Sections 1748 and 1749, and also to
suspend his or her license until the same shall be paid to him.
43.— C.
674
A. D. 1902.
CIVIL CODE
TITLE XII.
OF CORPORATIONS AND UNINCORPORATED
ASSOCIATIONS.
Chapter
Chapter
XLIII.
XLIII.
Chapter
Chapter
Chapter
XLV.
XLVI.
XLVII
Chapter
XLVIII
Chapter
Chapter
XLIX
L.
Chapter
Chapter
Chapter
LI.
LII.
LIII.
Banks and Banking.
Foreign Corporations, Generally, and
Aliens. *,
Insurance Companies.
Fraternal Beneficial Associations.
Provisions Applicable to Corporations
Generally.
Private Corporations Organized Under
General Laivs.
Municipal Corporations.
Railroad Corporations — General Railroad
Law.
Telegraph, Telephone, Express and Steam-
boat Companies.
Draining Corporations.
Unincorporated Joint Stock and Other
Associations.
CHAPTER XLIII.
Of Banks and Banking.
Sec.
1757. Banks may make loans and
open accounts with other
States.
1758. May invest in State or United
States stocks.
1759. Penalty if circulating notes
exceed three times amount
of gold, &c.
1760. To report weekly to Comp-
troller General.
1761. Penalty for failure to report.
1762. Felony to receive deposits
after knowledge of insol-
vency.
1763. Banks not to pay mutilated
notes unless security given.
1764. Definition of "bank note" and
"bank of issue."
1765. Parts of bank charters repug-
nant to Sections 1757 and
1758 repealed ; proviso.
Sec.
1766.
1767.
176S.
1769.
1770.
1771.
1772.
1773.
1774.
1775.
1776.
1777.
1778.
Institutions lending money,
&c., to publish quarterly
statements under oath ;
penalty for failure.
Banks to be subject to exami-
nation.
State Bank Examiner.
Advisory Board.
Duties of State Bank Ex-
aminer.
Oath of.
Salary of.
Salary to be paid by banks.
Banking and other powers.
Liability of stockholders.
Limit of loan to individuals,
&c.
Loans to Directors, &c.
Powers of Directors, &c.
OF SOUTH CAROLINA. 675
A. D. 1902.
See Article I, Chapter XLVIII., Sec. 1880-1901, post. Business corporations, for '' ■■^' v '"^ ^
law governing the formation of banking corporations, which repeals by implica-
tion.— R. S. 1536 and 1537.
Section 1757. The President, Directors and Company of any make" lo™ns
incorporated bank in this State, are authorized to make loans counts^^w i th
on negotiable paper, for any period not exceeding twelve °
months; and also to open an account and give a credit to any s. 1455; isit]
other bank or banks in any of the sister States.
Sec. 1758. Such corporations shall have power to vest, from May invest
time to time, such part of their capital, not exceeding (with the united States
amount of stock any such bank ma}^ hold) one-half of the
7/7 S 2* C
amount originally subscribed to such bank, in the stock of this s. 1344; r. s!
State, or of the United States.
Sec. 1759. If the bank notes issued by any bank, and in cir- cfrVuVlting
culation, shall at any time exceed, for more than four successive ^^*"g e^'Mmes
weeks, three times the amount of gold and silver coin and bul- ^^^° ^^^ ° *
lion in possession of the bank, or subject to its control, within " g. s. 1345; R.
the limits of this State, as its own property, such bank shall xil,*69'9, §T'
forfeit five hundred dollars for each and every successive week
during which such excess shall continue, to be recovered by
action at the suit of the State.
Sec. 1760. In order that such excess, when it exists, may be To report
•^ w e e k 1 y t o
apparent, it shall be the duty of the President or Cashier of c o m p troiier
every bank of issue, on Wednesday of every week, to transmit — - — - — r~
to the Comptroller General an account of the amount of bank R- s. 1458;
lbo.5, All., d99,
notes of such bank in circulation ; and also an account of the § 6-
amount of gold and silver coin and bullion in the possession of
the bank, or subject to its control, as its own property, on the
next preceding Tuesday, which account shall be certified by the
oath of the President or Cashier, taken before and certified by
any officer duly authorized to administer oaths ; and any person
swearing falsely to any account shall be deemed guilty of
perjury, and shall be subject to the pains and penalties thereof.
Sec. 1761. Any bank, the officers whereof shall neglect to ^Penalty for
-' ° _ failure to re-
transmit to the Comptroller General any such account aforesaid, po^t.
shall forfeit one hundred dollars for each and every day during ^g^^-^. g. |.
which the same shall be neglected, to be recovered by action at 1^59.
the suit of the State.
Sec. 1762. It shall be felonv for any President, Director, ?ejony to re-
- - ^ ceipt aeposits
Manager, or Cashier, or other officer, of any banking institution, 11^*^^^^^?^^^^!;
to receive any deposits or trusts, or to create any debts for such -■^^^^y-
corporation, after he shall become aware that such corporation ^^ g.^ ^i4^6*o-
is insolvent ; and every officer of such failing corporation shalU^'"^' ^^'^ > ^^^-
676 CIVIL CODE
become personally liable to the amount of such deposits or
trusts received by him, or with his knowledge or assent, in any
such case, to the person thereby damaged, whether criminal
prosecution be made or not. And all persons convicted for
felon}-, as herein provided, shall be punished by imprisonment
for a term of not less than one year and by a fine of not less
than one thousand dollars,
pay ^mutifatld ^ec. 1763. No bank now or hereafter to be incorporated in
Banks not to
jay mutilated
notes unless
security given! this State shall be compelled by law to pay any of their bills
Q s. 1349; which have been, or may be hereafter, cut in half or divided,
S22,^VL,^isi', ^"^l^ss both halves of said bill or bills are presented, or unless
^ ■^- the person producing one-half, and demanding payment as of
the whole, shall first give bond and sufficient security to the said
bank as an indemnity against any loss or damiage that may be
sustained by the said bank by paying the whole of said half
bills to said person.
Definition of gec. 1764. The words '"bank note"' shall be understood to
bank note,
and "bank of include all bills, notes, checks, and other obligations of any
issue. ; J ) C) J
s 1350- R"bank, made payable to bearer on demand, or in any form of
xii'^*63^ fe^' ^^'^'^^^ whatsoever written, printed, or engraved, so as to be cir-
culated and used as paper money or currency; and the words
"bank of issue'' shall be understood to include every bank
having lawful authority to issue its own bank notes.
Parts of bank gee. 1765. All parts of Acts of incorporation granted to
charters repug- ^ sr b
tions 13° 3 and banking corporations repugnant to the provisions of Sections
^rOTiso'^^^^^'''^' ^757 ^^^ ^75^ °^ ^^^^ Chapter are repealed: Provided, That
G s 1351- eT nothing contained herein shall be construed so as to prevent the
viii^^l'e 5^^*^' Legislature of this State from prohibiting the purchase of stock,
as provided by Section 1758 of this Chapter, whenever it may
be deemed expedient.
Institutions Scc. 1766. All institutions doing business in this State in
lending money, ^^
qua'rtw-i^'staS ^s^^i^g moncy and receiving deposits, under Acts of incorpo-
oath^^ p'^j^^f^'" ration granted by the State, are hereby required, under penalty
for failure. of a forfeiture of their charters, to publish in a newspaper in
s ^'ues'^-^^i's^" ^^^ ^^^y> town or village where they, or any branch thereof, may
XV., 526. (Iq business, at the end of every three months, a correct report
of the condition and business of such institution, which report
shall contain a statement, under oath, by the President or
Cashier of such institution, of the amount of the capital stock
paid in, deposits, discounts, property, and liabilities of said
institution, verified by three of the Directors thereof.
Upon failure of any such institution to publish the report
OF SOUTH CAROLINA. 677
~ A. D. 1902.
required herein, the Attorney General, on notice thereof, shall "-— '^/^-^
at once take the necessary steps to vacate the charter of said
institution.
Sec. 1767. Every banking and fiscal corporation heretofore orltion"^ s'^ub-
or hereafter created under the laws of this State shall be sub-J^';* ^° exami-
nation.
ject to examination as hereinafter provided. ~is96 xxii "
Sec. 1768. The office of State Bank Examiner is hereby ^^2-
created, and the Advisory Board, hereinafter provided for, shall g/^-^ ^^'^^
appoint a competent person, who shall be an expert bookkeeper, —
to this office, to be commissioned by the Governor. The State
Bank Examiner shall enter upon the duties of his office on the
first day of July, 1896, and hold the said office for two years,
unless sooner removed by the Advisory Board, which Board
shall fill any vacancy by an appointment for the unexpired term.
The office of the State Bank Examiner shall be at the seat of
government.
Sec. 1769. There shall be an Advisory Board consisting of gj^^.'^'^' ^"''^
the Governor of the State, who shall be President of the Board, J^
the Comptroller General, Secretary of State, the State Treas-
urer and the Attorney General.
Sec. 1770. It shall be the duty of the State Bank Examiner ^^^^i^^ %^^^t
to examine fully and carefully at least once a year, and oftener l^f^^l
if his time permits, into the books, papers and affairs of any ^^■
banking or fiscal corporation of this State and report to the State
Treasurer on oath the result of such examination or examina-
tions, in which report there shall be set forth specifically all vio-
lations, if any, of the banking law of this State by the corpora-
tion or corporations examined. Such report shall be filed in
the State Treasurer's office for inspection of all persons inter-
ested. It shall be the duty of the State Bank Examiner, upon
the discovery by him of any violation of the banking laws of the
State to which any penalty is attached, to report the same to the
Attorney General, with instructions to enforce such penalty by
the proper proceedings.
Sec. 1771. The State Bank Examiner shall take the oath _£!^!L^L_
prescribed in the Constitution and file the same with the State ^^'
Treasurer.
Sec. 1772. The State Bank Examiner, before entering upon tq give bond.
his duties, shall give bond in the sum of ten thousand dollars "^^^
for the faithful discharge of his duties, with sufficient sureties,
to be approved by the Advisory Board hereinbefore provided
for. He shall also act as Notary Public, and shall receive in full
^y^ CIVIL CODE
A. D. 1902.
"'^'"^^'^^'"^ compensation for all services, both as Examiner and Notary
^^^^'^y- Public, an annual salary of fifteen hundred dollars, exclusive of
^^- his actual railroad fare while attending to the duties of his
ofBce, which fare shall be paid by the State Treasurer upon the
warrant of the Advisory Board.
vMhyhLvl Sec. 1773. The salary of the State Bank Examiner and the
"il^ expenses attached to his office shall be paid by a special levy on
the capital of the banking or fiscal corporations of this State, the
said levy to be fixed by the Advisory Board hereinbefore pro-
vided for.
other"''''pow"rs ^cc. 1774. Evcry banking corporation may receive and pay
of corporation. ^^^ ^^ lawful currency of the country, deal in exchange, gold
R.^^s.'^'i^'sls; 3-nd silver coin, bullion, uncurrent paper, public and other se-
1887, XIX., 860. curities, and stocks of other corporations ; but no more than an
amount equal to one-half of the capital stock of said bank and
one-half of its deposits shall be invested in mortgages of real
estate at any one time ; may purchase and hold such real estate
and personal property as may be conveyed to it to secure debts
to the corporation, or may be sold under execution to satisfy
debts due in whole or in part to the corporation, and as may
be deemed necessary or convenient for the transaction of its
business, and may sell and dispose of the same at pleasure;
may discount notes, bills of exchange, bonds and other evi-
dences of debt, and lend money on such terms as may be agreed
on, subject to the usury laws of the State. It may receive
on deposit moneys on such terms as may be agreed on with
depositors, and issue certificates therefor, negotiable or assign-
able in such way as may be inserted in the same. Said corpora-
tion may sue and be sued, plead and be impleaded, in any Court
in this State; may adopt and use a corporate seal, and may
alter the same at its pleasure ; may adopt all such by-laws for
the general management and direction of the business and af-
fairs of said corporation, not inconsistent with the laws of the
United States and of this State, as may be deemed proper, and
may add to, alter or amend the same from time to time as may
be desired, and shall have generally all the rights, powers and
privileges in law incident or appertaining to such corporations.
sto^ckhoWers.''* Scc. 1775. The stockholders of banks shall be liable to the
/b., § 4; R. amount of their respective share or shares, and five per cent.
s. 17.S9. thereof in addition thereto, for all of its debts and liabilities
upon note, bill or otherwise.
This Act in connection with Sec. 6, Art. 12 of the Constitution of 1868 was held
OF SOUTH CAROLINA. 679
• A. D. 1902.
to make the stockholder liable to 105 per cent, of the amount of his stock. — Parker ^-^ v '"^ '^
V. Carolina Savings Bank, 53 S. C, 583; 31 S. E., 674. The liability of stock-
holders in banks organized since the adoption of the Constitution of 1895 is pre-
scribed in Art. IX., Sec. 18, to be in a sum equal in amount to their stock over
and above the face value of the same.
Sec. 1776. The total liabilities to any such bank of any ^tr- J^^T'tlft
son other than a Director or officer thereof, or of any company, "^ved '^by any
corporation or firm, for money borrowed, including in thcbank.'^ ^^°^ ^
liabilities of a company or firm the liabilities of the several r. s. 1539a;
members thereof, shall at no time exceed one-tenth part of lei!' •^^^^•'
the amount of the capital stock of any such bank actually paid
in and its surplus, except by a two-third vote of the Directors
of the bank, but the discount of bills of exchange drawn in
good faith against actual existing values and the discount of
commercial or business papers shall not be considered as
money borrowed.
Sec. 1777. No Director or other officer of any such bank ^ ^ y^ [t^^^^°^|
shall borrow therefrom, except on good security, to be approved i^^^rs"*''^'^ °^'
in writing by two-thirds of the whole Board of Directors of ~^^ g '^^.
such bank, and no Director or other officer of any such bank^^HI'^^^'l^j^'
shall become an endorser or surety upon any loan or credit ^^•
made or extended to any other Director or officer of such bank :
Provided, That the total liabilities to any such bank of any
Director, or of any firm of which such Director is a member,
or any company or corporation of which such Director is an
officer, shall at no time exceed one-tenth part of the amount
of the capital stock of any such bank actually paid in.
See. 1778. The Directors of such bank may make and change Di>ectors,"by-
by-laws, not inconsistent with law, regulating the manner in Jfrovislons"*'^^'^
which the stock of said bank shall be transferred, its Directors j^., 214, § 6;
elected or appointed, its property transferred, its general busi-"^' '^^ ^^'^^'
ness conducted, and the privileges granted to it by law
exercised and enjoyed. The Directors may appoint all neces-
sary officers and employes of said corporation, fix their com-
pensation, and take security for the faithful discharge of their
respective duties, prescribe the manner of paying for the stock
of the corporation and the transfer thereof; and may from time
to time prescribe such penalties for the non-payment of sub-
scriptions to the capital stock of the corporation as they may
deem proper; and the same, together with any unpaid install-
ments on such subscriptions, may be recovered in any Court
having jurisdiction of the aggregate amount so due, or the
stock may be sold for cash after twenty days' notice, advertised
68o
CIVIL CODE
A. D. 1902.
in the nearest newspaper; and if at any such sales the sum
bid should not be sufficient to satisfy and discharge the amount
so due, together with the costs and charges incident to such
sale, the subscriber in default shall be liable for any deficiency,
and the same may be recovered in the name of the corporation
in any Court having jurisdiction. The books, papers and ac-
counts of said bank shall be open to inspection under such regu-
lations as may be prescribed by law.
Sec.
1779
CHAPTER XLIV.
Foreign Corporations, Generally.
Rights and privileges granted
to.
1780. Prerequisites to doing busi-
ness- in this State.
1781. Copy of charter and by laws
to be filed with Secretary
of State, &c.
1782. Copies to be furnished and re-
ceived in evidence.
1783. Penalties.
1784. To be subject to State Courts.
1785. Submission to jurisdiction of
State Courts a condition
precedent to doing business.
1786. Actions on contracts.
Sec.
1787. What constitutes doing busi-
ness in this State.
1788. This Chapter to be deemed
part of contracts, &c.
1789. Administration of assets of.
1790. Subject to laws of the State ;
limitations.
1791. How foreign railroad com-
panies may be domesti-
cated.
1792. Charters of.
1793. Effect of compliance with
Chapter.
1794. Penalty for non-compliance.
1795. Aliens and corporations con-
trolled by ; right to hold
land.
Rigiits and Section 1779. Foreign corporations duly incorporated under
privileges " '^ •' ^
granted to for- ^j^g ia.ws of any State of the United States, or of any foreign
eign corpora- -' ' j o
t'°"s- country in treaty and amity with the said United States, are
jgR-g s^i465; j^gj-eby permitted to locate and carry on business within the
409, § 1. State of South Carolina in like manner as the natural born citi-
zens of the States of the United States, or of such foreign
country, might do under the law existing at the time, subject,
Terms. nevertheless, to the terms and conditions in this Chapter here-
after set forth.
^T>j.^es^for seg^ 1780. Any and every such foreign corporation owning
^property or doing business in this State on the ist day of July,
1894, shall, within sixty days after the ist day of July, 1894,
and any and every such foreign corporation which shall acquire
property or commence to do business in this State after the ist
day of July, 1894, shall, within sixty days after so acquiring
any property or commencing to do business in this State, file
7b.;
1466.
Sworn state-
ment.
OF SOUTH CAROLINA. 68i
A. D. 1902.
in the Secretary of State's office in this State a written stipu- ~^"^ '
lation or declaration, in due form, designating some place within be^ finl!i**°"^°
this State as the principal place of business or place of location Location
of said corporation in this State at which all legal papers may
be served on said corporation by the delivery of the same to
any officer, agent or employe of said corporation found thereon ;
or if none such be found thereon, then by leaving copies of the j^f J pl^g^^ °^
same on the premises, and that such services shall have like
force and effect in all respects as service upon citizens of this
State found within the limits of the same.
Sec. 1781. In addition to the same, said corporations are ^ f "''^ ^^/^^
hereby required to file in the office of the Secretary of State, ^^^^'^•
together with the written stipulation or declaration aforesaid,
copies of their charter and by-laws, with all amendments of
the same that may from time to time be made, within sixty
days from the date of making the same. In addition thereto,
the said corporations are required to file annually, in the office
of the Secretary of State, on or before the thirty-first day of
January, a statement, sworn to by some officer of the corpora-
tion, showing the residence and postoffice address of such cor-
poration, the amount of capital stock of the same actually paid
and the names of the President and Secretary (if there be any
such) and the Board of Directors, with their respective places
of residence and postoffice addresses.
Sec. 1782. Any person applying for the same shall be en- furmshld!^°
titled to copies, duly certified, of all the foregoing papers re- r. s. uss.
quired to be filed upon payment of the customary fees, and
the same shall be admitted in the Courts as competent evidence \i^'lvil&^fZ^^
of all matters appearing thereon.
Sec. 1783. Any such foreign corporation failing to file any fafiurt.'*^ * ° ^
of the papers hereinbefore required to be filed shall be liable to
an indictment for such failure, and upon conviction thereof
shall be fined in not exceeding five hundred dollars, at the dis- ^""'siinient.
cretion of the Court, and shall be prohibited from further ^' ^" ■^^*^^'
carrying on business in this State until such fine is paid and
this Chapter complied with.
Sec. 1784. In addition to all conditions now required by law, p o°/a'Ho'^n^s
it shall be a further condition precedent -to the right of any fn'This'^^state
corporation created by or under the laws of any State of the Juridictfon 'of
American Union or of the District of Columbia, or of any the siat'e.*^
foreign government, to do business in this State, that all 1397, xxii.,
actions or suits arising out of the business or dealings of such ^^'
Contents.
682 CIVIL CODE
A. D. 1902.
^^■"^^^"^ foreign corporation with any citizen or corporation of this
State, or pertaining thereto, .commenced in the Courts of this
State, shall be tried therein, any usage or law to the contrary
notwithstanding.
to^the^-urfsd?" ^^^- ^'^^^' It sh^ll be a further condition precedent to the
state^ Courts^a ^ight of any such foreign corporation to do business in this
cedent ° to '^cfo State, that it shall be taken and deemed to be a part and parcel
business in the Qf ^jj contracts entered into between such foreign corpora-
j^ tions and a citizen or corporation of this State, and of the
essence of such contracts, that all suits or actions of every
kind whatsoever arising out of such contracts or pertaining to
the same commenced in the Courts of this State shall be tried
therein, any usage or law to the contrary notwithstanding.
condftions° de^ ^^^- ^'^^^- ^^ ^hall be a further condition precedent to the
the'^^eisence of ^ight of any such Corporation to do business in this State,
w\ t'^h° fVreign ^^^^ ^^ shall bc dccmcd and taken to be a part and parcel of
corporations. ^\\ coutracts entered into between such corporations and a
^'^^ citizen or corporation of this State, and of the essence of such
contracts, that in all suits or actions arising out of such con-
tracts, or pertaining thereto, the Courts of this State shall
have exclusive jurisdiction thereof where such actions or
suits are commenced in the Courts of this State, saving to any
party to such action or suit the right of appeal to the Supreme
Court of the United States as may be provided by law.
A d d i tionai Sec. 1787. It shall be a further condition precedent to the
condition pre- . . . , . ^^
cedent of for- right of any such corporation to do busmess m this State, that
eign corpora- ..,,,-
tions d o i n g it shall bc taken and deemed to be the fact, irrebuttable, and
b u s i n e ss in , . ,
this State. part and parcel of all contracts entered into between such
lb. corporation and a citizen or corporation of this State, that the
taking or receiving, from any citizen or corporation of this
State, of any charge, fee, payment, toll, impost, premium or
other moneyed or valuable consideration, under or in per-
formance of any such contract, or of any condition of the same,
shall constitute the doing of its corporate business within this
State, and that the place of the making and of performance of
such contract shall be deemed and held to be within this State,
anything contained in such contract or any rules or by-laws
of such corporation to the contrary notwithstanding.
Sec. 1788. All such corporations hereafter doing business
All corpora- i n i i j j
tions d o i n g in this State, as denned in this Chapter, shall be deemed and
b u s 1 n ess in '■
this State shall held to be doiug such business under and m pursuance of the
be deemed as '^. . , . ^ iii j
doing business tcrms and conditions of this Chapter, and that such terms and
under this Act.
lb.
OF SOUTH CAROLINA. 683
A. D. 1902.
conditions shall be deemed and taken in all the Courts of this ^^-""v^"^
State to be a part and parcel of all contracts hereafter en-
tered into between such corporations and a citizen or corpora-
tion of this State, anything contained in any such contract
or in any rules or by-laws of such corporation to the contrary
notwithstanding.
Sec. 1789. It shall and may be lawful for any Court of ^> d^n^mistra-
competent jurisdiction in this State to take possession of, wind "^/^"^^^'^s" '^°^'
up, administer and marshal the assets in this State of any ^^^^^ xr^i.,
such foreign corporation (in like manner and in like cases ■*°^-
as by law may be done with respect to corporations chartered
under the laws of the State) for the protection of any and all
citizens of this State who may be stockholders or creditors of
such foreign corporations, as in the case of legatees and credi-
tors (citizens of this State) of deceased persons whose domi-
cile was, at the time of their decease, outside this State, in
respect to assets within this State.
Resident creditors cannot appropriate assets to the exclusion of other creditors. —
Wilson V. Keels, 54 S. C, 545 ; 32 S. E., 702.
Sec. 1790. All and every such foreign corporation carry- i^lg" '^ ^^'^* ^°
ing on business or owning property in this State shall be subject
to the laws of the same in like manner as corporations char-
tered under the laws of this State, but nothing herein con- Limitations,
tained shall be construed to permit any such foreign cor-
poration to exercise any franchise or enjoy any privilege or
immunity other than the right to own property and carry on
business in like manner as individuals, natural born citizens
of such State of the United States or of foreign countries,
might do, and subject to the terms and conditions of this
Chapter.
Property of foreign corporations complying with this Act, still subject to at-
tachment.— Williamson v. Eastern B. & L. Ass'n., 54 S. C, 582; 32 S. E., 766.
Sec. 1791. Each and every railroad company or railroad com"plnies may
, . , - 1 ■ , r do business in
corporation created or organized under or by virtue ot any this state.
government other than that of this State, desiring to own prop- isoe, xxii.,
, . . . X 1 • 114; 1897, lb..
erty or carry on business, or exercise any corporate franchise 514.
in this State of any kind whatsoever, shall first file, in the
office of the Secretary of State, a copy of its charter, paying
therefor such fees as may be required by law, and, in addition
thereto, a fee equal to one-tenth of one per centum upon the
authorized capital stock of such company or corporation, and
cause a copy of such charter to be recorded in the office of the
Register of Mesne Conveyance or Clerk of Court of Com-
684 CIVIL CODE
A. D. 1902.
mon Pleas in each County in which such company or cor-
poration desires or proposes to carry on its business or to
acquire or own property. Such copy of the charter shall be
authenticated in the manner directed by law for the authenti-
cation of the Statutes of the State or country under whose
laws such corporation is chartered or organized.
Railway Co. v. Tompkins, 48 S. C, 52; 25 S. E., 982; Wilson v. So. Ry. Co.,
. 36 S. E., 701. A foreign corporation could not, prior to this statute, acquire the
stock and management of a domestic competing line. — State v. P. R. & A. Ry.
Co., 45 S. C, 470; 23 S. E., 283.
Sec. 1792. If any such charter, or any part thereof, filed as
^^' aforesaid in the office of the Secretary of State, shall be in
contravention or violation of the laws of this State, such
charter, or such parts thereof so in conflict with the laws of
this State, shall be null and void.
i^h°?hfi'Tct Sec. 1793. AVhen a foreign corporation complies with the
Charters of,
with
mlstic co%ora- provisious and requirements of this Chapter, it shall ipso facto
^^°^' become a domestic corporation, and shall enjoy the rights and
be subject to the liabilities of such domestic corporation; it
may sue and be sued in the Courts of this State, and shall be
subject to the jurisdiction of this State as fully as if it were
originally created under the laws of the State of South
Carolina.
The corporation, on complying with this Chapter, remains a non-resident of the
State, within the meaning of the Act of Congress authorizing removal of actions
to the United States Courts. — Wilson v. So. Ry. Co., — S. C, — ; 36 S. E., 701;
Calvert v. Same, — S. C, — ; 36 S. E., 750; McCabe v. Same, — S. C, — ; 36
S. E., 1024. Overruling. — Mathis v. Ry. Co., 53 S. C, 257; 31 S. E., 240.
Foreign com- gcc. 1794. It shall be unlawful for any such foreign cor-
panies must ...
c°°^piy- poration to do business, or attempt to do business, in this State
lb- without first having complied with the requirements of this
Chapter, and any violation of this Chapter shall be punished
by the forfeiture to the State, by the party offending, of a
penalty of five hundred dollars, to be recovered by suit in the
Court of Common Pleas for any County in which such offender
does, or attempts to do, business, or in any other Court of com-
petent jurisdiction,
onfy'^hoid^ 500 ^^^' ^''^S. No alien, or corporation controlled by aliens,
acres land. either in his or its own right, or as trustee, cestui que trust or
agent, shall own or control, within the limits of this State,
Exception niore than five hundred acres of land : Provided, This Section
shall not apply to land purchased under proceedings, either by
action or power of sale, to foreclose any mortgage hereafter ac-
quired by any alien or corporation controlled by aliens, purchas-
ing the same, but in such case such alien, or corporation con-
OF SOUTH CAROLINA.
trolled by aliens, shall not be entitled to hold said excess of land
more than five years, without sale of same, unless the Comp-
troller General shall certify that a sale during that time would
be materially detrimental to the interest of such alien or cor-
poration controlled by aliens, in which case the said alien or
corporation controlled by aliens, may hold the land for five
years longer upon the same conditions.
Nothing in this Section shall apply to lands already owned,
or controlled by the persons or corporations referred to in this
Section nor to lands already mortgaged to such persons or
corporations.
Not to_ affect
ested rights.
CHAPTER XLV.
Insurance Companies.
Sec.
1796. Terms on which Foreign Com-
panies may do business in
this State.
1797. When securities deposited
may be withdrawn.
1798. Penalty for violation of Sec.
1796.
1799. Assessment Companies, &c.,
exempted from foregoing
sections.
1800. Foreign Insurance Companies
must obtain license, &c.
1801. Proceedings by stock com-
panies to obtain license.
1802. To furnish Comptroller Gen-
eral annual statement.
L803. When license may be revoked.
1804. Regulations as to Assessment
Companies.
L80o. License to be granted such
companies.
L806. Proceedings in case of insol-
vency or fraud.
1807. Fraternal or Secret Benefit
Societies exempted.
1808. Additional graded license fee
to be paid.
1809. Quarterly returns of prem-
iums to Comptroller Gen-
eral.
1810. All policies to be issued
through resident agents.
1811. All policies to be issued
through resident agents.
1812. Comptroller General may ex-
amine records of company.
Sec.
1813. Returns as to re-insurance by
companies.
1814. Penalties for violations Sees.
1810 to 1812.
1815. Disposition of fines, &c.
1816. True value to be stated in
policies ; liability thereon.
1817. Limit within which applica-
tion may be contradicted.
1818. Personal property excepted
from Sees. 1815 and 1816.
1819. Combinations to control rates
prohibited.
1820. Affidavits to be filed with
Comptroller General.
1821. Duty of Comptroller General.
1822. Attorney General to cause
Sees. 1819-1821 to be en-
forced.
1823. Annual statement to be filed.
1824. Life Insurance policies for
benefit of married wo-
men, &c.
1825. When right to dispute truth
of application waived.
1826. Company may sue to vacate
policy for false representa-
tions within two years.
1827. Foreign Surety Companies
may issue policies on com-
plying with Insurance Laws.
1828. Recognizances may be made
with companies as sureties.
1829. Company executing bond es-
topped to deny corporate
power.
686 CIVIL CODE
A. D. 1902.
^"'■^^''"■"^ Section 1796. It shall be unlawful hereafter for any insur-
w h f c"™ com^ ^^'-^ company or association to transact any business in this
busines™mthis State unlcss posscssed of at least one hundred thousand dollars
fec^uri'ty'^depos- °^ surplus or Capital, or, in lieu thereof, shall file with the Comp-
}^ troller General the certificate of the official of some State of
4 6^1^' I'f^Vs ^^^ United States, under his hand and official seal, that he
win ^ xxm ' ^°^^^ on deposit, or in trust, for the benefit of all policy-
^^^- holders or members of such company or association, securities
worth at least one hundred thousand dollars, or in the absence
of such capital or deposit, then to deposit with the State Treas-
urer of South Carolina valid securities aggregating ten
thousand dollars, or a bond for said amount, made by a solvent
security company, said Treasurer to be the judge of the validity
of such securities and bond, which bond shall be conditioned
to pay any judgment entered up in any Court of competent
jurisdiction in this State upon a policy of insurance issued to
any citizen of this State by any such company, and said judg-
ment shall be a lien upon such securities : Provided, however,
to dom e s t il That all fire insurance companies incorporated under the laws
companies. q£ ^|^-g g^^tc, with a Capital stock of $25,000 or more, shall
^^1001, xxiiL, j^Q^ i^g compelled to deposit said valid securities or bond as
above required : Provided, Said company shall procure and file
with the Comptroller General the certificates of the County
Auditors annually in Counties where stockholders reside, that
the majority of the stockholders in capital of said company
are freeholders and reside within the State and are worth the
amount of their stock subscribed to the capital of said corpora-
tion over all their debts and liabilities, and exclusive of prop-
erty exempt by law from execution.
Foreign company; action for penalty. — Sandal v. Atlanta M. Life Ins. Co., 53
S. C, 241; 31 S. E., 230.
Provided, further. It shall be lawful for any fire and tor-
Proviso as to nado insuraucc company to transact the business of fire and
I n s u r a n ce tomado iusurancc in this State whenever the same shall have
been oro-anized under the authoritv and patronage of any
1901, XXIIL, , , '^ ,. . , . . : , ^ , .* -^
724. church or religious denomination tor the exclusive purpose
of insuring the churches, parsonage and other property be-
longing to any religious denomination, and the personal prop-
erty belonging to any of the pastors or preachers of said de-
nominations against loss or damage by fire, lightning or storm :
Provided, That each of such companies shall be possessed of a
capital, surplus or cash guaranty fund of not less than fifty
OF SOUTH CAROLINA.
thousand dollars invested in safe, interest-bearing securities, of
which satisfactory proof shall first be furnished to the Comp-
troller General of the State before commencing business, and
as often thereafter as he may demand.
Sec. 1797. Whenever any such company or association doing ^jg^^^^^^^^j^g^J
business in this State desires to withdraw from this State, and d^/awn^^ '''^^^
will satisfy the State Treasurer that all suits of which notice ^^gg^^ xxii.,
has been given to him have been fully satisfied or released, xxn./72\^ ^'
or whenever no notice has been given, and when all matured
claims upon existing policies or certificates have been satisfied
and released, then said Treasurer shall return to said company
or association the securities deposited with him.
Sec. 1798. Should any such insurance company or associa- ^-ioiatfon^ of° §
tion violate the provisions of this Chapter, such company shalP'^^-
be fined in a sum not to exceed one thousand dollars and not^g^^^"' ^xii.,
less than five hundred dollars, to be recovered in any Court
of competent jurisdiction in this State, to be recovered by
any citizen of this State having a policy of insurance in said
company : Provided, That nothing in this Chapter shall release
any such company, companies or association violating the pro-
visions hereof upon any policy issued by it or them.
Sec. 1799. Nothing contained in Sections 1796, 1797 and companils"ex-
1798 shall apply to fraternal orders or lodges, nor to mutual f!£-l^
life or fire insurance companies on the assessment plan incor-
porated in this State.
Sec. 1800. Every foreign insurance company of any class — Foreign in-
fire, life, marine, surety, security, guarantee, hailstorm, live othe^'^compan-
stock, accident, plate glass, and other like insurance com- taL iTJense.
panics — foreign land associations, foreign building and loan g. s. isk; r.
associations, foreign banking associations, and all other like volume ' xxl!
classes of like business not incorporated under the laws of
South Carolina, except national banks and except benevolent
institutions organized under the grand lodge system, shall each,
before transacting any business in this State, pay an annual
license fee of one hundred dollars to the Comptroller General
on or before the thirty-first day of March in each year, to be
deposited by him in the treasury of the State.
It shall be unlawful for any such foreign companies as are
required to pay license fees to transact any business in this
State until they shall have and keep some duly appointed resi-
dent agent in this State, on whom legal process may be served,
so as to bind the company he represents, and service of process
688 CIVIL CODE
A. D. 1902.
'^""■'"^^'^"^ Upon this agent at his main office shall be sufficient to give juris-
diction to the Court issuing same in any County in this State.
1888, XX., 62. -pj^g license issued by the Comptroller General shall give to
the company obtaining the same power and authority to ap-
point any number of agents to take such risks or transact any
business of insurance in each and every County of the State,
and the same shall be so granted as to expire on the 31st of
March of each year. But the Comptroller General must be
notified of such appointment before such agent takes any risks
or transacts any business, as aforesaid, giving the postoffice
address, residence and a certified copy of the resolution ap-
pointing such agent or agents, duly signed by the president and
secretary of such company.
Curnow V. PhcEnix Insurance Co., 37 S. C., 4064 16 S. E., 133. Indemnity
insurance contracts. — Picketts v. F. & C. Co. of N. Y., 60 S. C, 477; 38 S. E., 160.
to^'oMafn'T- Scc. 1801. Bcforc the Comptroller General shall issue such
menfs ^as"'to^ Hceuse to any agent of any insurance company not incorporated
^'^' . in South Carolina there shall be filed in his office a certified
R.%. i4^7'^3; copy of the charter of the company from which the said agent
205% 2. " or attorney has received his appointment, and also a certified
copy of the vote or resolution of the Trustees or Directors of
said company appointing him such agent, accompanied by a
warrant of appointment under the official seal of the company,
and signed by the president and secretary. Such warrant of
appointment .shall continue valid and irrevocable until another
agent or attorney has been substituted, so that at all times when
any liability remains outstanding there shall be within the State
an agent or attorney, as aforesaid, and shall contain a consent
expressed, authorizing process of law to be served on said agent
or attorney for all liabilities of every nature incurred in this
State by said company, and that such service made on such
agent or attorney in the manner required by the laws of this
State shall be deemed legal and binding on the company in all
cases whatsoever, and that every judgment so recovered shall
be conclusive evidence of the indebtedness of the company;
and in addition to said warrant of appointment there shall be
filed and published a statement, made under oath of its presi-
dent or secretary, showing its assets and liabilities, and dis-
tinctly showing the amount of capital stock and how the same
has been paid, and of what the assets of the company consist, the
amount of losses due and unpaid, and all other claims against
the company or other indebtedness, whether due or not due,
OF SOUTH CAROLINA.
at the time of the filing of the statement above; and shall
further show :
1st. That said company have fulfilled the provisions of their
respective charters and of the extensions and amendments
thereto in every particular, and whether there has been any
change of charters since last statement.
2d. The amount of policies outstanding, as near as can be
ascertained.
3d. The character of the risks and the rule governing com-
panies and agents in taking the same, both as to locality and
amount.
4th. The particular character of the assets, specifying the
amount of cash and public, bank, manufacturing or other stocks
and bonds or other securities held by the companies, with the
evidence that they are held by them, the rule of investment in
real estate securities, and the general localities of real estate
secured to companies.
5th. The amount received from premiums, and whether
sufficient to pay losses, &c.
6th. Whether there have been any changes in agencies during
the preceding year.
Sec. 1802. The company shall furnish to the Comptroller j^^^^^i g^ate.
General an annual statement of its affairs, as provided in the "^^"^-
preceding Section. j^ c;.^^- \lf^\
Sec. 1803. If the Comptroller General shall become satisfied ^^-^ ^■
that any company is insolvent or unsafe, it shall be his duty to ^ay ^be * with^
refuse license to such company, and to withdraw any license _Ii^^^^ ,
that has been already issued. r. 's. ' 1475;
Sec. 1804. Any corporation or association organized under
1869, XIV.
206.
the laws of any other State or government to insure lives or Regulations
property on the assessment plan, or any corporation carrying Ass°es^s°m!;n't
on the business of life, accident, or fire insurance, on the assess- Companies.
ment plan, shall be considered an insurance company, and shall i ^^'j. ' l^]
be subject to all the laws and regulations governing insurance '^^^^^"' ^^^'
companies doing business in this State. Before authority shall
be given to any such corporation or association to do business
in this State, there shall be filed with the Comptroller Gen-
eral a certified copy of its charter or articles of incorporation. Act isss. § 2,
a copy of its statement of business for the preceding year, ^°^' ^^^^^^^
sworn to by the president and secretary, or like officers, showing
a detail account of the expenditures and income, the amount
of insurance in force, its assets and liabilities in detail, and a
44.— C.
690 CIVIL CODE
A. D. 1902.
^ ^"^^ certificate, sworn to by the president and secretary, or like
ofiicers, setting forth that it has paid, and has the ability to pay,
its policies or certificates to the full limit named therein; a
certificate from the Insurance Commissioner, or a Judge or
Clerk of a Court of Record of its home State, certifying that
Vd^yviiL ^' corporations and associations insuring lives or property on the
assessment plan, and paying policies in full, or providing ac-
cident indemnity, and chartered under the laws of this State,
or legally entitled to do business in its home State; a copy
of its policy or certificate of membership, application, and by-
laws, which must show that all losses by death or fire, and all
accidents, are, in the main, provided for by assessments upon
all surviving members ; and it shall legally designate a person
or agent, resident in this State, to receive service of process
for said company or association,
granted^^ luch Sec. 1805. Upou Complying with the provisions of the pre-
companies. ceding Scction, the Comptroller General shall give to the com-
18^; x^ \\\., pany or association so complying authority to do business in
®^^- this State. After any such company or association shall have
NdC'^^hi ^' been authorized to do business in this State, it shall make
annually to the Comptroller General, under oath, before the
Voi'^*xvii/ ^' 3 1 s^ ^^y o^ March of each year, a statement such as is re-
quired by the Insurance Department of the home State, and
answer such interrogations as the Comptroller General may
make, in order to ascertain its financial character and con-
dition. In the event of the failure of any company or asso-
ciation to make such statement on or before the 31st day of
March of each year, the Comptroller General shall revoke its
authority, and decline to issue license to any such company;
and until such statement is made, any agent doing business
for such company or association shall be deemed to be violating
the insurance laws of the State,
in ca'se'of "in- Scc. 1806. When the Comptroller General of the State shall
fraud!''^ '"""have reason to doubt the solvency of any such foreign com-
R. s. 1479: pany or association, he shall accept a certificate from the In-
^^- surance Commissioner, or a like officer of the State, under
Voi.^*xviiL ^' whose authority it was organized, as a sufficient proof of its
solvency; and when, in the opinion of the Comptroller Gen-
eral, such corporation, company, or association is conducting
its business fraudulently, or is not carrying out its contract
with members in good faith, he shall report the same to the
Attorney General, who shall thereupon commence proceedings
\
OF SOUTH CAROLINA. 691
— A. D. 1902.
against such corporation, company, or association, requiring ""-^v^^-
it to show cause why its authority to do business in the State
should not be revoked.
Sec. 1807. The provisions of this Chapter shall in no way ffaferna? benl-
apply to any secret or fraternal society, or a lodge or asso-^^^^^^'^*^^^^®^^^"
ciation, which, under the supervision of a Grand or Supreme ^'^'^ Chapter.
Lodge, secures membership through the lodge system exclu-j^^^- ^- ^'*®*^'
sively, and provides insurance to its members, nor to insurance ^^^ j^ggg „ ^
associations of a purely benevolent character, which pay no^°^- xviii.
commission nor employ any paid agent, organized under the
laws of this or any other State.
Sec. 1808. In addition to the annual license fee of one hun- Additional li-
cense fee to be
dred dollars now provided by law, every foreign insurance P^^^|.^jjjSraded
company of any class — fire, life, marine, surety, security, guar- income.
antee, hail storm, live stock, accident, plate glass, and other g^i^^"- xxii.,
like insurance companies, and all other like classes of like busi-
ness not incorporated imder the laws of the State of South
Carolina, except benevolent institutions operating under the
Grand Lodge system, shall be required to pay quarterly to the
State Treasurer, as an additional and graduated license fee
for a license, to be delivered by him to such company or cor-
poration, an amount equal to one-half of one per centum on
the gross premiums, gross income or gross receipts, as the
case may be with such company, as collected during the three
months immediately preceding the payment of such license fee.
Sec. 1809. Each of such companies as are mentioned in ^^^^"^ ^'f ""p^g^;
Section 1808, doing business in this State, shall make a quar- j^™^^ ^ to ^^e
terly return to the Comptroller General, in such form as the c^^™?* ''^'l^^
Comptroller General may prescribe, of its gross income or duti^es i^^refer-
gross receipts, as the case may be, for the preceding quarter, fgnt^^^Count'y
which said return shall state in detail amount of gross prem- Auditors.
iums, gross receipts or gross income collected by such company •^^■
in each of the various Counties in this State. The Comptroller
General shall prepare an abstract of such quarterly returns,
which shall be by him transmitted to the State Treasurer, who
shall collect the said additional license fee of one-half of one
per centum on the amount therein stated. The returns herein
required shall be made on the 31st of March, 30th day of June,
30th day of September and the 31st day of December in each
year. The Comptroller General shall, immediately after the
close of the year, transmit to the County Auditor in each of
the various Counties from which such company has derived
CIVIL CODE
its gross premiums or gross receipts, a statement of the amount
of premiums or receipts collected in such County during the
preceding year, which said statement of the gross receipts here-
tofore required of the agency of such company in such County
shall be placed on the duplicate in such County, together with
the other items now included in the taxable property of such
company.
faifurTto^make ^^7 compauy which shall wilfully fail or refuse to make
true returns, ^^le quarterly returns herein provided for, or shall make
^^- any false statement in reference to or in connection with
such returns, or which shall refuse or fail to pay the quarterly
license fee herein provided for, shall, in addition to the penalty
now provided by law for such offense, forfeit its right to do
business in this State, and pay an additional penalty of fifty
per cent, of their actual gross receipts, premiums or income,
as ascertained, and the State Treasurer is authorized to pro-
ceed to collect such fine or forfeiture in the manner provided
by law.
c oYs°i d e red ^ec. 1810. Any pcrsou who solicits insurance in behalf of
efg^n ^insuramfe ^^y insuraucc compauy not organized under or incorporated
companies. ^^ ^-j^^ laws of this State, or who takes or transmits other than
1883' xv"m.! ^o^ himself any application for insurance or any policy of in-
^^°- surance to or from such company, or who advertises or
otherwise gives notice that he will receive or transmit the same,
or who shall receive or deliver a policy of insurance of any
such company, or who shall examine and inspect any risk,
or receive, collect, or transmit any premium of insurance, or
make or forward any diagram of any building or buildings,
or do or perform any other act or thing in the making or the
consummating of any contract of insurance for or with any
such company, other than for himself, or who shall examine
into and adjust, or aid in adjusting, any loss for or in behalf
of any such insurance company, whether any such acts shall
be done at the instance or request or by the employment of
such insurance company, shall be held to be acting as the agent
of the company for which this act is done or the risk is taken.
Norris v. Hartford Fire Ins. Co., 57 S. C, 358; 35 S. E., 572.
All policies §qq^ 1811. No firc iusuraucc companv or association not in-
to be issued '^
through resi- corporatcd under the laws of this State, authorized to transact
dent agents. '^
1900 XXIII business here, shall make, write, place, or cause to be made,
39*- written or placed, any policy, duplicate policy, or contract of
insurance of any kind or character, or any general or floating
OF SOUTH CAROLINA.
policy, upon property situated or located in this State except
after the said risk has been approved, in writing, by an agent
who is a resident of this State, regularly commissioned by any
company doing business in this State, who shall countersign
all policies so issued, and receive the commission thereon when
the premium is paid, to the end that the State may receive the
taxes required by law to be paid on the premiums collected
for insurance on all property located in this State. Nothing in
this Chapter shall be construed to prevent any insurance com-
pany or association, authorized to transact business in this
State, from issuing policies at its principal or department
offices, covering property in this State : Provided, That such
policies are issued upon application procured and submitted
to such company by agents who are residents of this State,
regularly commissioned to transact the business of insurance
herein, and who shall countersign all policies so issued and
receive the commission thereon when paid. No provision of
this Section is intended to or shall apply to direct insurance
covering the rolling stock of railroad corporations or property Exceptions,
in transit while in the possession and custody of railroad cor-
porations or other common carriers.
Sec. 1812. Whenever the Comptroller General shall have or ceiferrto^e"
receive information that any fire insurance company or asso- re'^grds, &c!ro^f
ciation, not incorporated under the laws of this State, has vio- poned" al vio-
lated any of the provisions of Section 1811 of this Chapter, l!ll^i_i^^
he is authorized, at the expense of such company or associa- ^^•
tion, to examine, by himself or his accredited representative,
at the principal office or offices of such company or associa-
tion, located in the United States of America, or in any foreign
country, and also at such other offices or agencies of such com-
pany or association as he may deem proper, all books, records
and papers of such company or association, and may examine,
under oath, the officers, managers and agents of such com-
pany or association, as to such violation or violations. The re-
fusal of any such company or association to submit to such
examination, or to exhibit its books and records for inspec-
tion, shall be presumptive evidence that it has violated the pro-
visions of Section 181 1 of this Chapter, and shall subject it
to the penalties prescribed and imposed by this Chapter.
Sec. 1813. Every fire insurance company or association shall
annually, and at such other times as the Comptroller General
may require, in addition to all returns now by law required of
CIVIL CODE
it or its agents or managers, make a return to the Comptroller
to «^insurance General, in such form and detail as may be prescribed by him,
by companies. Qf g^]] reinsurance or cessions of risk or liability contracted
^^- for or effected by it, whether by issue of policy, entry or bor-
dereau, or general participation agreement, or by excess loss
reinsurance, or in any manner whatsoever, upon property
located in this State, or covering, whether specified or other-
wise, any risk or liability upon property so located, such re-
turn to be certified by the oath of its president and secretary,
if a company or association of one of the United States, and,
if a company or association of a foreign country, by the oath
of its managers in the United States, as to such reinsurance or
cessions effected through its branch office in the United States,
and by the oath of its president and secretary, or by officers
corresponding thereto, at its home office, wherever located, as
to reinsurance or cessions as aforesaid contracted for or effected
through the foreign office. The refusal of any such company
or association to make the returns herein required shall be
presumptive evidence that ft is guilty of violating the provisions
of Section 1812 of this Chapter, and shall subject it to the pen-
alties prescribed and imposed by this Chapter.
Penalty for Sec. 1814. Any insurance company or association wilfully
lrisio°to 1812! violating or failing to observe and comply with any of the pro-
^^ visions of this Chapter applicable thereto, shall be subject to
and liable to pay a penalty of five hundred dollars for each
violation thereof, and for each failure to observe and comply
with any provisions of this Chapter, such penalty may be col-
lected and recovered in an action brought in the name of the
State, in any Court having jurisdiction thereof. Any insurance
company or association which shall neglect and refuse for
thirty days after judgment in any such action to pay and dis-
charge the amount of such judgment shall have its authority
to transact business in this State revoked by the Comptroller
General, and such revocation shall continue for at least one year
from the date thereof; nor shall any insurance company or
association whose authority to transact business in this State
shall have been so revoked be again authorized or permitted to
transact business herein until it shall have paid the amount of
any such judgment, and shall have filed in the office of the
Comptroller General a certificate, signed by its president or
other, chief officer, to the effect that the terms and obliga-
tions of the provisions of this Chapter are accepted by it as a
OF SOUTH CAROLINA. 695
A. D. 1902.
part of the conditions of its right and authority to transact ''^^'^^ —
business in this State.
Sec. 1815. All penalties and fines and forfeitures whatsoever Disposition
•t^ of fines, &c.
collected under this Chapter shall be turned into the general j^
fund for school purposes : Provided, hozuever, That the provis-
ions of this Chapter shall not be construed so as to prevent any
policy, duplicate policy, or contract for reinsurance, from being
written or placed in any fire insurance company or association
which has no agent resident in this State, or prevent any
mutual association or companies from issuing any policy or
contract of insurance making inspections and adjustments,
where the insured is paid cash dividends or return premiums.
Sec. 1816. No fire insurance company or individuals writing jf™°^jj^p°^
fire insurance policies, doing business in this State, shall issue be*-state'd-^Va°
policies for more than the value to be stated in the policy, p^'^'^ °ontrib-
amount of the value of the property to be insured, the amount ^^ '^^ ^ msur-
of insurance to be fixed bv insurer and insured at or before"'
1S96, XXII.,
the time of issuing said policies, and in case of total loss by ■^^^•
fire, the insured shall be entitled to recover the full amount
of insurance and a proportionate amount in case of partial loss :
Provided, Two or more policies written upon the same prop-
erty shall be deemed and held contributive insurance ; and if
the aggregate sum of all such insurance exceed the insurable
value of the property, as agreed by the insurer and the insured,
in the event of a total or partial loss, each company shall be
liable for its pro rata share of said insurance.
This Section does not prohibit open policies on Builders' Risks. — Ulmer v.
Phcenix Fire Ins. Co., 6i S. C, 459; 39 S. E., 712; the distinction between
open and valued policies stated in Riggs v. Ass'n. 61 S. C, 458; 39 S. E., 614.
Contributive insurance. — Cave v. Ins. Co., 57 S. C, 347; 35 S. E., 577.
Sec. 1817. No statement in the application for insurance, .^™^*^ ?1?°
^'^ time within
shall be held to prevent a recoverv before a iurv on said policy ^^''^j'^.^ ^^*^'
^ - ■' - ir J ments m applic-
in case of partial or total loss : Provided, After the expiration ^-g^^tg™^^ ''^
of sixty days, the insurer shall be estopped to deny the truth of tt
the statement in the application for insurance which was
adopted except for fraud in making their application for in-
surance.
Sec. 1818. Nothing in Sections 1816 and 1817 shall be held Executions as
o 'to personalty.
to apply to insurance on chattel or personal property. 77
Sec. 1819. It shall be unlawful for anv fire insurance com- Combinations
,. .. Z . . to control
pany, association or partnership doing a fire insurance business rates prohibit-
in this State to enter into anv compact or combination with — '-
^ . . ' . . , . 1899, XIII.,
other fire insurance companies, associations or partnerships, 59.
CIVIL CODE
or to require or allow their agents to enter into any compact or
combination with other insurance agents, companies, associa-
tions or partnerships for the purpose of governing or con-
trolling the rates charged for fire insurance charged on any
property in this State: Provided, That nothing herein shall
prohibit one or more of such companies from employing a
common agent or agents to supervise and advise of defective
structures or suggest improvements to lessen fire hazard.
be^fiied^^'^with ^®^' 1820. All fire insurance companies, associations or part-
^g°j^™ Pj * ^^^^'^ nerships doing a fire insurance business in this State shall
j^ cause to be filed, on the first day of March, 1900, and in each
year thereafter, with the Comptroller General of this State,
the affidavit of some officer or agent of said company, asso-
ciation or partnership, who resides in this State, setting forth
the fact that the company of which he is an officer or agent
has not, in the twelve months previous to the date of the said
affidavit, entered into any trust, combination or association for
the purpose of preventing competition in insurance rates in
this State. The said affidavit shall be made before some officer
of this State authorized to administer oaths, and any false
statement made in said affidavit shall be deemed perjury, and
punished by a fine of not less than one hundred dollars nor
more than one thousand dollars, and by confinement in the
penitentiary for one year, or, in the discretion of the Court,
by confinement in jail for a period of not less than thirty days
nor more than twelve months : Provided, further, That any
attempt to evade this Chapter by agreeing upon any one person
or number of persons, for the purpose of making rates for all
such insurance companies, associations or partnerships, or
by buying rate books made by any person or persons, shall be
deemed a violation of this Chapter, and shall be punished as
herein provided.
c?mptroifer Scc. 1821. The Comptroller General, or other official to
Generai^^^ whom Said companics, associations or partnerships are annually
^^- required to report to this State, shall forthwith revoke and
recall the license or authority of such company or companies,
association or associations, partnership or partnerships, to do
or to transact business in this State, for any violation of this
Chapter, and no renewal of authority shall be granted to it
for three years after such official revocation ; notice of such
revocation to be duly published for one consecutive week in
three or more daily papers published in this State ; and for
OF SOUTH CAROLINA. 697
A. D. 1902.
a violation of any of the provisions of this Chapter by any "^^"^^■^^'^
such company or companies, association or associations, part-
nership or partnerships, they shall, on conviction thereof, pay a
fine of not less than five hundred dollars.
Sec. 1822. It shall be the duty of the Attorney General, or ^ ^^^^ ^ °^^ " ^^^
the Solicitors upon his request, to cause the provisions of this ^f^-L^^j^^^be'^^en-
Chapter to be enforced. jorced.
Sec. 1823. It shall be the duty of the Comptroller Gen- ^''■
eral, or other official now charged or to be charged with the jj^^^^'^^^'^^'^^^ij^g
enforcement of the insurance laws of this State, to require ^If^^
every fire insurance company, association or partnership doing ^^■
a fire insurance business within this State to file, with the
annual statement made to him, a statement, duly sworn to by
the manager or president of each company, association or
partnership legally admitted in this State, that it has not, in
the year intervening between the issue of its last license and
that applied for, violated the conditions of this Chapter.
Sec. 1824. A policy of insurance upon the life of anv person Life insur-
^ • '■ [ ^ ance policy tor
which has already been or may hereafter be taken out in which benefit of mar-
■^ - ned w o men
it is expressed to be for the benefit of any married woman, or and children.
of herself and her children, or of herself and children of her g. s. 1.358;
R. S. 1482 ;
husband, whether procured by herself or her husband, shall 1575, xv., 865.
inure to the use and benefit of the person or persons for whose
use and benefit it is expressed to be taken out ; and the sum
or net amount of the insurance becoming due and payable by
the terms of the policy shall be payable to the person or per-
sons aforesaid, free and discharged from the claims of the
representatives of the husband, or of any of his creditors, or
any party or parties claiming by, through or under him or them
or either of them : Provided, however, That if the premium
paid in any one year out of the property or funds of the
husband shall exceed the sum of five hundred dollars, the
exemption from the claims of the creditors of the husband shall
not apply to so much of said premium so paid as shall be in
excess of five hundred dollars, but such excess, with the
interest thereon, or so much thereof as may be necessary, shall
inure to the benefit of such creditors if the same be necessary
for their payment.
Sec. 1825. All life insurance companies that shall receive the When right
todisp ute
premium on any policy for the space of two years shall be truth of appij-
■■■ . J. ^ i -- cation waived.
deemed and taken to have waived any right they may have had „ „
to dispute the truth of the application for insurance, or that R.^ s. 1483^
530, '§ 1.'
698 CIVIL CODE
A. D. 1902.
^^"^^'"""^ the assured person had made false representations, and the said
application and representations shall be deemed and taken to
be true.
may°sue^to va^ ^^^' ^^^^' Life iusurancc companies are hereby authorized
false ''re''resen^^° institute proceedings to vacate policies on the ground of the
two°"earrfrom ^^^^itv of the representations contained in the application for
date of policy, g^id policv I Provided, The same be commenced within two
G "^s" i3«)'- r' y^^^s from the date of said policy.
S- ^^®*- Sec. 1827. Any foreign company empowered by its home
t ^""o^ an[es charter to issue bonds or policies of suretyship may, by the
may issue p^oH- couscnt and approval of the Governor, Comptroller General
State on com- ^nd Sccrctarv of State, issue said bonds in this State : Pro-
plymg with the ^ '
■foregoing in- yided, That they comply with the law now of force in this State
surance laws. j r j
"Ts9-? XXI regulating foreign insurance companies, all of which law which
1% ^^*' XXI., is now of force is hereby made applicable to companies issuing
bonds or policies of suretyship.
This Act simplifies the law, and repeals by implication Chapter XLVII. of R.
S. of 1893, Sec. 1485-1497.
Regogniz- gee. 1828. Whenever any recognizance, stipulation, or bond,
a n c e s, & c, ^ » ' r- ' '
may be made qj- undertaking Conditioned for the faithful performance of any
with guarantee ° '^ ■'
companies^^^as duty, or for doing or refraining from doing anything in such
XXII recognizance, stipulation, bond or undertaking specified, is, by
28- the laws of the State of South Carolina, required or permitted
to be given with one surety or with two or more sureties, the
execution of the same or the guaranteeing of the performance
of the condition thereof shall be sufficient when executed or
guaranteed solely by a corporation empowered by its charter to
issue bonds or policies of suretyship, and having power to
guarantee the fidelity of persons holding positions of public or
private trust, and to execute and guarantee bonds and under-
takings in judicial proceedings : Provided, That said company
shall first obtain the consent and approval of the Governor,
Comptroller General and Secretary of State as now provided
Su h reco''- ^^ ^^^ ' Pi'ovided, further, That such recognizance, stipulation,
t"j^bl'^^a rov-^°"'^ °^ undertaking be approved by the head of department,
ed; by whom. Court, Judgc, officcr. 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
Such com- guarantee companv : Provided, further. That said companv,
pany to com- ° ^ ' > 1 > r ^ '
ply with the unless it be incorporated under the laws of the State of South
law of this ■■■
State.
OF SOUTH CAROLINA.
Carolina, comply with the law now of force in this State regu-
lating foreign insurance companies.
See Sec. 599, ante, as to bonds, embracing the Acts of 1892, XXI., 76, and
1894, XXII., 757, authorizing County and State officers. Administrators, Executors,
Guardians, Trustees, Receivers, and other persons required by law to give bonds,
to give same in such surety companies.
Sec. 1829. Any company which shall execute any bond as Company exe-
■' -^ ■> -I cuting bond
surety under the preceding Sections shall be estopped in any estopped t o
"^ _ i o r ir J (jeny corporate
proceeding to enforce the liability which it shall haye assumed power.
to incur to deny its corporate
ment or assume such liability.
to incur to deny its corporate powers to execute such instru- ^^'^^ xviii..
CHAPTER XLVI.
Fraternal Beneficial Associations.
Sec.
1830
Fraternal Benefit societies,
government and objects.
1831. Societies now organized in
this State subject to the
provisions of this chapter.
1832. How foreign societies may be
admitted.
1833. Reports by Societies to Comp-
troller General.
1834. How process may be served
on foreign societies.
1835. Permits to do business, li-
cense fee.
Sec.
1836. How such associations may
be served.
1837. Benefits not liable to attach-
ment or levy.
1838. How societies of this State
may do business in other
States.
1839. Penalty for failure to make
reports, &c.
1840. Penalty for doing business
without permit.
1841. Exceptions to this chapter.
F r a t ernal
Section 1830. A fraternal beneficiary association is hereby ^^"?fi"?'"y ^o-
■' J cieties, form of
declared to be a corporation, society or voluntary association so ve^rnment^
formed or organized and carried on for the sole benefit of its benefits, &c.
members and their beneficiaries. Each association shall haye^Q^^^^^' xxii.,
a lodge system with ritualistic form of work and representa-
tiye form of goyernment, and may make proyision for the pay-
ment of benefits in case of death, sickness, temporary or per-
manent, physical disability, either as the result of disease, ac-
cident or old age : Provided, The period of life at which pay-
ment of physical disability benefits on account of old age com-
mences shall not be under seventy (70) years. Each associa-
tion or order may also make provisions for withdrawal of those
of its members unable or unwilling to continue these pay-
ments at any time after three years of membership : Provided,
however, that such withdrawal benefits shall not exceed the
amount contributed by such members. And it may also make
provisions for the payments of final benefits at any time after
ten years of membership, as may be provided by its constitu-
CIVIL CODE
tion and laws. The fund from which the payment of such
benefits shall be made, and the fund from which the expenses
of any such association shall be defrayed, shall be derived from
assessment dues or other payments collected from its members.
Payment of death benefits shall be to families, heirs, blood
relatives, affianced or affianced wife of, or to persons dependent
upon, the member. Such associations shall be governed by this
Chapter and shall be exempt from the provisions of the insur-
ance laws of this State, and no law hereafter passed shall apply
to them unless they be expressly designated therein. Any such
society, order or association may create, maintain and disburse
a reserve fund in accordance with its constitution or by-laws.
Such reserve fund (if any) shall represent certain prescribed
accumulations or percentages retained for the benefit of the
members or their beneficiaries, and no part thereof shall be
used for expenses.
Governed by same rule as to waiver of conditions in contracts as old line in-
surance companies. — Sparkman v. Supreme Council, Am. Legion of Honor, 57
S. C, 16; 35 S. E., 391; McBryde v. Ins. Co., 55 S. C, 589; 33 S. E., 729.
Societies now Scc. 1831. Auv socictv, or ordcr, or association of this or
organized in ' " . . , .
this State may anv Other State, Province or Territorv now operating m this
continue. - ' , , 1 i- 1 j
State and having lodges, councils, or branches duly established
or organized in this State may continue their business : Pro-
vided, That they hereafter comply with the provisions of this
Chapter regulating annual reports and the designation of the
Comptroller General as the person upon whom process may be
served as hereinafter provided.
How societies ggc. 1832. Auv associatiou operating within the description
may be admit- - x o
ed to do busi-as set forth in Section 18-^0 organized under the laws of anv
Other State, Province or Territory and not now doing business
in this State shall be admitted to do business within this State
when it shall have filed wuth the Comptroller General a duly
certified copy of its charter and articles of association and a
copy of its constitution or laws, certified to by its Secretary or
corresponding ofiicer, together with an appointment of the
Comptroller General of this State as the person upon whom
process may be served as hereinafter provided: And Provided,
That such association shall be shown by certificate to be au-
thorized to do business in the State, Province or Territory in
which it is incorporated or organized in case the laws of such
State, Province or Territory shall provide for such authoriza-
tion ; and in case the laws of such State, Province or Territory
do not provide for anv formal authorization to do business on
OF SOUTH CAROLINA. 701
A. D. 1902.
the part of any such association, then such association shall be '^'"^"""'^
shown to be conducting its business in accordance with the pro-
visions of this Chapter, for which purpose the Comptroller
General of this State may, personally, or by some person
to be designated by him, examine into the condition, affairs,
character and business methods, accounts, books and in-
vestments of such association, at its home office, which
examination shall be at the expense of such association,
and shall be made within thirty days after the demand therefor,
and the expense of such examination shall be limited to $50.00.
Sec. 1833. Every such association doing business in this ^f |Pj°''*\^!° ^'^h
State shall, on or before the first day of ]\Iarch of each year, ^g°^™ Pj * '■°''^''
make and file with the Comptroller General of this State a re-
port of its aff'airs and operations during the year ending on
the 31st day of December immediately preceding, which annual
report shall be in lieu of all other reports required by any other
law. Such reports shall be upon blank forms to be provided by
the Comptroller General, or may be printed in pamphlet form,
and shall be verified under oath by the duly authorized officers
of such association, and shall be published, or the substance
thereof, in the annual report of the Comptroller General, under
a separate part entitled Fraternal Beneficiary Associations, and
shall contain answers to seven questions as the Comptroller ^^^^ ^^ ^^_
General shall propound, as follows: Amount received for as- ^°^^ ^"^^,^"^";
sessments, $ Rents, interest and dividends or stock and ^^^■^^^'^•
bonds, $ All other sources, viz., $ Total
amount received during the year, $
II. Expenditures during year : Benefits, losses, and claimiS
paid, $ Sick benefits paid, $ Salaries and other
compensation of officers and for clerical force, S Paid
for rent, S Paid for office expenses, lodge supplies,
organization of lodges or branches, of building up the same,
printing, advertising and all other expenditures, $
Total amount of expenditures during year, S
III. Assets: Bonds and stocks, $ Loans on mort-
gages, evidenced by notes and otherwise, S Loans on
other collateral and security, $ Real estate, $
Cash in bank, $ Securities deposited in the different
States, if any, $ All other assets, viz., $ Total
assets, $
IV. Liabilities : Losses and claims due and unpaid. No ,
$ Losses and claims reported but not due. No ,
702 CIVIL CODE
A. D. 1902. —
Salaries due and unpaid, $ Due for bor-
rowed money, $ All liabilities, viz., $ Total
liabilities, $
V. Exhibit of membership : Membership and amount in
force at the end of the year preceding for which this report is
made, No , $ Give number of members and
amount of certificates issued during the year, No , $
Total during year, No , $ Deduct members and
amount of certificates retiring by withdrawal or suspension
during the year, No , $ Deduct members who
have died during the year, and face amount of certificates paid.
No , $ Total members in good standing December
31. 19- •> No , $
may°be ^sei^^ed Scc. 1834. Each sub-association now doing or hereafter ad-
cmtfons!" ^^^° mitted to do business within this State, and not having its
principal office within this State, and not being organ-
ized under the laws of this State, shall appoint, in writing, the
Comptroller General, or his successor in office, to be its true and
lawful attorney, upon whom all lawful process in any action
or proceeding against it may be served, and in such writing
shall agree that any lawful process against it which is served
on said attorney shall be of the same legal force and validity
as if served upon the association, and that the authority shall
continue in force so long as any liability remains outstanding
in this State. Copies of such certificate, certified by said Comp-
troller General, shall be deemed sufficient evidence thereof, and
shall be admitted in evidence with the same force and effect as
the original thereof might be admitted. Service upon such at-
torney shall be deemed sufficient service upon such association.
When legal process against any such association is served upon
said Comptroller General, he shall immediately notify the asso-
ciation of such service by letter, prepaid and directed to its
Secretary or corresponding officer, and he shall within two days
after such service forward in the same manner a copy of the
process on him to said officer. The plaintiff in such process
so served shall pay to the Comptroller General at the time of
such service a fee of $2, which shall be recovered by him as a
part of the taxable cost if he prevails in the suit. The Comp-
troller General shall keep a record of all processes served upon
him, which record shall show the day and hour when such
service was made and by whom made.
Sec. 1835. The Comptroller General of this State shall, upon
OF SOUTH CAROLINA.
the application of any association having the right to do busi-
ness within this State, as provided b}^ this Chapter, issue to such Permits to do
' r J I- J business.
association a permit in writing authorizing such association to
do business within this State, for which certificate and all pro-
ceedings in connection therewith such association shall pay to
said Comptroller General a fee of $25.00, to be paid into the
State Treasury. This fee shall be paid annually thereafter
when report is filed.
Sec, 1836. Seven or more persons, citizens of the United g^°^'^j^f"g''''jjj^^y
States, and a majority of whom are citizens of this State, who*^^ formed.
may desire to form a fraternal beneficiary association as defined
by this Chapter may make, sign, seal and acknowledge, before
some officer competent to take the acknowledgement of deeds,
a certificate in writing in which shall be stated: (A). The
names and places of residence of applicants. (B). Proposed
corporate name of the association, which shall not too closely ■ -
resemble the name of any other similar organization. (C).
The object or purpose for which the incorporation is sought,
which shall not include more liberal powers than are granted
by this Chapter. (D). The location of the principal office of the
corporation. (E). Number of Trustees, directors or similar
officers and their names and residences, who shall manage the
concerns of the corporation for the first year or until the
ensuing annual meeting. Meeting for the election of Managers
or Trustees shall be held annually, and as far as possible dur-
ing the month of January of each year, according to the regu-
lations of the constitution and laws of the association. When
the said certificate has been duly signed and acknowledged by
the incorporators thereof, it shall be submitted to the Attorney
General for his approval in conformity with this Chapter and
after the said approval shall have been endorsed thereon it shall
be duly recorded in the County in which the home office of the
corporation is located, and a certified copy thereof immediately
forwarded to the Secretary of State with a certified list of the
officers in charge of the association with their residences and
the location of the home office. In addition to this, proof
satisfactory to the said Secretary of State shall be furnished
two of the officers of the said association that at least 100 sub-
scribers for certificates of membership have been secured in
said association, and that there has been deposited to the credit
of said association for the payment of death and other claims,
and which amount cannot be used for expenses, the sum of
CIVIL CODE
$5,000, which sum if advanced by the Trustees, officers or
directors may be repaid to them from time to time from the
proceeds of an expense fund to be created for this purpose.
Associations of this State of similar character to those de-
fined by this Chapter may by resolution of their present Board
of Managers or Trustees incorporate under this Chapter as
herein provided, and the corporate existence of which shall
then and there continue as if said association had been origi-
nally incorporated under the same.
Benefits not Sec. 1837. The money or other benefit, charity, relief or aid
t^a chment or to be paid, providcd or rendered by any association authorized
^^^' to do business under this chapter shall not be liable to attach-
ment by trustee, garnishee or other process, and shall not be
seized, taken, appropriated or applied by any legal or equitable
process, or by operation of law, to pay any debt or liability of
a certificate holder, or of any beneficiary named in a certificate,
or any person who may have any right thereunder,
iness^'of^such Sec. 1838. Any such association organized under the laws
may °be' trans- jof this State may providc for the meetings of its legislative or
■governing body in any other State, Province or Territory
wherein such association shall have subordinate bodies, and all
• business transacted at such meetings shall be valid in all re-
spects as if such meetings v/ere held within this State ; and
where the laws of any association provide for the election of its
officers by votes to be cast in its subordinate bodies, the vote so
cast in its subordinate bodies in any other State, Province or
Territory shall be valid as if cast within this State,
not making r°e- Scc. 1839. Any such associatiou refusing or neglecting to
troiier° Ge^?- make the report as provided in this Chapter shall be excluded
from doing business within this State. Said Comptroller Gen-
eral must within sixty days after failure to make such report,
or in case any such association shall exceed its powers, or shall
conduct its business fraudulently, or shall fail to comply with
any of the provisions of this Chapter give notice in writing
to the Attornev General, who shall immediately commence an
action against such association to enjoin the same from issuing
anv new business. And no injunction against any such asso-
ciation shall be granted by any Court except on application by
the Attorney General at the request of the Comptroller General.
No association so enjoined shall have authority to continue to
do the business of soliciting new members until such report
shall be made, or overt act or violation complained of shall have
al,
OF SOUTH CAROLINA.
been corrected, nor until the cost of such action be paid by it,
provided the Court shall find that such association was in de-
fault as charged, whereupon the Comptroller General shall
reinstate such association, officer, agent or person acting for
any association or subordinate body thereof within this State
while such association shall be so enjoined or prohibited from
doing business pursuant to this Chapter shall be deemed guilty
of a misdemeanor, and on conviction thereof shall be punished
by a fine of not less than $25.00 or more than $100.00.
Sec. 1840. Any person who shall act within this State as Penalty f o r
1 • r • • 1-1111 doing business
an officer, agent, or otherwise, for any association which shall with out per-
have failed, neglected to procure from the Comptroller General
a proper certificate of authority to transact business as provided
for by this Chapter shall be subject to the penalty provided in
the last preceding Section for the misdemeanor therein speci-
fied.
. . Repealing
Sec. 1841. All laws or parts of laws in conflict with or m- clause and ex-
consistent with this Chapter are hereby repealed, and
nothing in this Chapter shall be held to affect or apply
to grand or subordinate lodges of Masons, Knights of
Pythias, Odd Fellows and Knights of Honor or similar orders
that do not have as their principal object the issuance of insur-
ance certificates of membership. Nor shall anything herein con-
tained apply to lodges or orders of a purely religious, charitable
or benevolent description, paying exclusively sick, funeral or
death benefits to members, their families or dependents, and
not operating with a view to profit, nor any such organization
be required to make any report under this or any other Section
of the insurance laws : And provided, further, That no society,
lodge or body of any secret or fraternal society, or association
of employes of any particular trade, firm or corporation paying
only sick benefits not exceeding $250.00 in the aggregate to any
one person in any one year, or a funeral benefit to those depend-
ent on a member not exceeding ($350.00) three hundred and
fifty dollars, shall be required to make and report thereof under
this Chapter, or under any other Chapter of the insurance laws.
As to law governing Mutual Associations for protection against fire, lightning,
cyclones, &c., see Sections 1912-1916.
45.— C.
7o6
CIVIL CODE
A. D. 1902.
All charters
subject to
amendment or
repeal.
R. S. 1499;
18S6, XIX.,
546, § 21.
P r o V isions
attach i n g to
all corporations
except rail-
roads and
banks.
lb. ; R. S.
1500.
CHAPTER XLVII.
Provisions Applicable to Corporations Generally.
Claims against corporations
to bear interest.
Corporations may recover
debts from their members.
Not to issue bills of credit as
a circulating medium ; pen-
alty ; proviso.
Refusal to pay taxes forfeits
charter.
Powers after expiration of
charter.
Powers of directors after dis-
solution of corporation.
May sue, &c.
When receiver may be ap-
pointed.
Jurisdiction of courts.
Duties of Trustees or Receiv-
ers.
Dissolution of corporation not
to abate action.
Decrees of dissolution to be
filed with Clerk.
Renewal of charters.
Effect of.
Subject to amendment.
Renewals confirmed.
Publication of lists.
Fees allowed.
Section 1842. It shall be deemed a part of the charter of
every corporation created under the provisions of any general
law, and of every charter granted, renewed or amended by Act
or Joint Resolution of the General Assembly, (unless such Act
or Joint Resolution shall, in express terms, declare the con-
trary,) that such charter, and every amendment and renewal
thereof, shall always remain subject to amendment, alteration
or repeal by the General Assembly.
R. R. Co. V. Gibbes, 24 S. C, 60; Railroad Co. v. Gibbes, 27 S. C, 385; 4 S.
E., 49.
Sec. 1843. The following provisions shall constitute a part
of the charter of every corporation, other than railroad and
banking corporations already in existence under Act of As-
sembly in this State, either general or special, passed since the
adoption of the Constitution of 1868 or which may be at any
time hereafter created under or by virtue of any Act of As-
sembly, general or special, to wit:
Sec.
Sec.
1842.
All charters subject to amend-
ment or repeal.
1862
1843.
Provisions applicable to all
corporations except rail-
1863
roads and Danks.
1864
1844.
Bond of Treasurer.
1845.
Stockholders' meetings ; prox-
ies ; quorum.
1865
1846.
Time and place of meeting ;
voting ; cumulative stock.
1866
1847.
Certificates of stock.
1848.
Powers of private corpora-
tions.
1867.
1849.
Majority forms Board in ex-
1868
ercise of powers.
1869.
1850.
To organize, &c., in two
years ; else powers cease.
1870.
1851.
Increase of stock or debt.
1871.
1852.
How decreased.
1853.
Fees.
1872.
1854.
Report of Secretary of State.
1855.
Restrictions on issue of stock
or bonds.
1873.
1856.
Preferred stock may be issued
1874.
1857.
Notice of meeting.
1875.
1858.
Vote necessary.
1876.
1859.
Issue at organization.
1877.
1860.
How conditions may be im-
1878.
posed on.
1879.
1861.
Stock in manufacturing com-
panies.
i
OF SOUTH CAROLINA.
(A) Each stockholder in any corporation created under
the Constitution of 1868, and prior to the adoption of the Con- ^^^^,{^^^'5^1^'^^ °^
stitution of 1895, shall be jointly and severally liable to the
creditors thereof in an amount, besides the value of his share or
shares therein, not exceeding five per cent, of the par value of
the share or shares held by such stockholders at the time the
demand of the creditor was created : Provided, That such de-
mand shall be payable within one year, and that proceedings to
hold such stockholders liable therefor shall be commenced
within two years after the debt becomes due, and while he,
she or it remains a stockholder therein, or within two years
after he, she or it shall have ceased to be a stockholder.
Newton Cotton Mills v. Springs, 56 S. C, 534; 35 S. E., 222; Sadler v. Nichol-
son, 49 S. C, 7; 26 S. E., 893.
Proviso.
Trustees, &c.
And provided, further. That persons holding stock in such
companies as trustee or executor, administrator, or by way of
collateral security, shall not be personally subject to the lia-
bilities of stockholders under the foregoing provisions, but the
persons pledging such stock shall be liable to stockholders, and
the estates and funds in the hands of such executors or ad-
ministrators shall be liable in their hands, in like manner and
to the same extent as the deceased testator or intestate, or the
ward or person interested in said trust estate, would have been
if they had respectively been living and competent to act and
hold the stock in their own names : And provided, further, That
,,.,.,. - 1 . , . . . 1 11 1 Further pro
the liability enforced in this provision shall not apply to anyviso.
corporation whatever in this State in the charter of which a
different liability shall have been or shall be imposed.
The liability of stockholders in insolvent corporations since the adoption of the
Constitution of 1895, is governed by Art. IX., Sec. 18 of that Constitution, which
see. — Union Bank v. Wando Co., 17 S. C, 340; Bird v. Calvert, 22 S. C, 292;
Hall V. Klinck, 25 S. C, 348; Parker v. Carolina Savings Bank, 53 S. C, 583;
31 S. E., 673. In order to reduce their liability to that prescribed in the Con-
stitution of 1895, a corporation existing at the time of the adoption of that Con-
stitution must surrender its old, and secure a new charter, as prescribed in Sec. 1907
— Lauraglenn Mills v. Ruff, 52 S. C, 448; 30 S. E., 586. The stockholder is not
entitled to set off a claim against the corporation against such liability. — Laura-
glenn Mills V. Ruff, .57 S. C, 53; 35 S. E., 387; Efird v. Piedmont Land Co., 55
S. C, 78; 32 S. E., 758. This liability includes damages from personal injuries. —
Flenniken v. Marshall, 43 S. C, 80; 20 S. E., 788; see also Bank v. Blake, 3 Rich.
Eq., 225, for liability under statute similar to new Constitution.
(B) Unless some other provision for the prevention and n^fgrepresenta-
punishment of fraudulent representations as to the capital, tions.
property and resources of such corporations shall have been
inserted therein, in which case the provision in reference thereto
shall be only such as is specified in such charter, that any Direc-
7o8 CIVIL CODE
A. D. 1902. ■
Other powers.
""'^"^'^ tor or Other officer, or stockholder, of the said corporation who
shall knowingly and wilfully make or cause to be made any
fraudulent misrepresentation or misrepresentations as to either
the capital, property or resources of the said corporation shall
be held guilty of a misdemeanor, and upon conviction thereof
shall be punished by a fine of not more than two thousand dol-
lars ($2,000) or imprisonment for not longer than two years,
or both, at the discretion of the Court.
Real estate. (C) Such corporations shall have power to purchase
and hold such real estate as may be required for their purposes,
or such as may be obliged or may deem for their interests to
take in the settlement of any debts due them, and they may
dispose of the same ; to sue and be sued in all Courts ; to have
and to use a common seal ; to elect, in such manner as they may
determine to be proper, all necessary officers, and fix their
duties ; to make by-laws and regulations consistent with the
Constitution and laws of this State for their own government
and the due and orderly conduct of their affairs and the man-
agement of their property.
Regulations (D^ xhc shares in the capital stock of such corporations
as to stock. ^ ■' '^ -^
shall be -deemed personal estate, except in the case of manu-
facturing companies, the stock in which shall be deemed realty,
as stated in Section 1861, and the mode of issuing the evidence
of stock, and the manner, terms and conditions of assigning
and transferring shares, shall be prescribed by the by-laws of
each corporation.
What constitutes capital stock. — State v. Hood, 15 Rich. L., 177.
us^d° In^ bank^ (•^) ^^ P^'"^ °^ ^^^ Capital stock or any of the funds of
^"s- such corporation shall, at any time during the continuance of
their charter, be used or employed, directly or indirectly, in
banking operations, or for any purpose whatsoever inconsistent
with the provisions of their respective charters.
Blake v. Jones, Bail. Eq., 141.
Bond of Sec. 1844. The Treasurer of any corporation in this State
Treasurer. , . - . 1 n 1
shall gfive bond m such sum and with such sureties as shall be
R. S. 1501.
required by the by-laws for the faithful discharge of his duty.
Stockholders' Scc. 1845. At all meetings of any company, absent stock-
meetings. . ' , . . . T-,
holders may vote by proxy, authorized m writing. Every com-
R. S. 1502.
pany may determine by its by-laws what number of stockhold-
ers shall attend, either in person or by proxy, the form of such
proxy, or what number of shares or amount of interest shall be
represented at any meeting to constitute a quorum. If the
OF SOUTH CAROLINA.
quorum is not so determined, a majority in interest of the
stockholders shall constitute a quorum.
Sec. 1846. At least one meeting of stockholders of all corpo-
rations now chartered, or hereafter to be chartered in this State
shall be held annually in this State, at such time and place, and
upon such notice as the by-laws may provide. At all stock-
holders' meetings each stockholder shall be entitled to one vote
for each share of stock held or owned, and shall be entitled to cumulative
vote in person or by proxy for directors, trustees or managers, as toted. ^' ^ ° '"^
provided in Section ii, of Article IX., of the Constitution of the jgoi, xxi.,
State of South Carolina ; that is to say, that in the election of ^^^•
directors, trustees or managers of each and every such corpora-
tion, each stockholder shall be allowed to cast in person or by
proxy, as many votes as the number of shares he owns, multi-
plied by the number of directors, trustees or managers to be
elected ; the same to be cast for any one candidate or to be dis-
tributed among two or more candidates.
Sec. 1847. The shares in any company shall be numbered, certificates of
and every stockholder shall have a certificate, under seal of!!ff^
the corporation, and signed by the Treasurer, certifying his
property in such shares as are expressed in the certificate.
Provisions as to transfer. — Fraser & Dill v. Charleston, ii S. C, 486; Bank v.
Cox, II Rich. Eq., 344; State v. Mclver, 2 S. C, 25; Chapman v. City Council,
28 S. C, 373; 6 S. E., 158. Mandamus to compel issuance of stock. — State v. C.
& C. Ry. Co., 16 S. C, 528.
Sec. 1848. Every private corporation, as such, has power — p o w e r s of
. private corpo-
I. To have succession, by its corporate name, for the period rations,
limited in its charter ; and when no period is limited, in perpe- Succession.
R. S. 1503.
tuity. 2. To sue and be sued. 3. To use a common seal, and to R. s. 1504.
alter the same at pleasure. Sue and be
sued.
A deed should be under its seal. — Bank v. Rose, i Strob. Eq., 257. A simple
contract may properly be, as well as a specialty. — Central Nat'l Bank v. R. R. Seal.
Co., s S. C, 156. A confession of judgment need not be. — Thew v. M'f'g Co.,
s S. C, 415-
4. To hold, purchase, lease, mortgage, or otherwise dispose Real and per-
o o ' . . . , . sonal estate.
of and convey, such real and personal estate as is limited by its
charter ; and if not so limited, such an amount as the business
of the corporation requires.
5. C. R. R. Co. v. Blake, 9 Rich. L., 228.
K. To appoint such subordinate officers and agents as the Officers and
. . 7 , . J agents.
business of the corporation requires, prescribe their duties and
fix their compensation. 6. To make by-laws not inconsistent
with any existing law, for the transfer of its stock, the manage-
ment of its property or the regulation of its affairs. 7. To de- Lien on stock.
7IO CIVIL CODE
A. D. 1902. ■ "
^^"^■^-^ clare and create, by appropriate by-laws, a lien on the stock of
any stockholder in such corporation, for such sum as the stock-
holder is or may be indebted to such corporation for his sub-
scription to stock therein.
Quorum. gee. 1849. When the corporate powers are directed to be
exercised by any particular body or number of persons, a ma-
jority of such body or persons, unless it is otherwise provided,
form a board for the exercise of such powers.
. To organize gee. 1850. If anv private corporation hereafter created bv
m two years. . r r
,o»^ ^i^r* the General Assemblv, incorporated under anv law, does not
1896, AAii., ' ^ ' . . .
101. organize and commence the transaction of its business within
two years from the date of its incorporation or the date of the
commission appointing the Board of Corporators, its corporate
powers shall cease,
orations m°ay ^^^- 1851. Any corporatiou heretofore or hereafter created
crea^e^hs° capt °^ oranizcd Under any general or special Act of the Legislature
tai stock. Q-f ^j^jg State, the charter of which has been amended by special
^1899, XXII., ^;Yct of the Legislature, except railroad, railway, tramway,
turnpike and canal corporations, may at any time and from
time to time increase or decrease its capital stock as hereinafter
provided.
s^ck\iT/^^hl Increase of capital stock. — The capital stock of any such
increased. corporation as aforesaid may be increased as follows : When-
^^' ever by resolution of the Board of Directors an increase of the
capital stock of the corporation is determined upon, a meeting
of the stockholders shall be called to consider such resolution
by a notice published at least once a week for four successive
weeks previous to the date fixed in such notice for such meeting,
in some newspaper published in the County where the corpora-
tion has its principal place of business, which notice shall state
the time and place of meeting, the purpose for which it is called,
and the maximum amount to which it is proposed the capital
stock shall be increased. The vote of two-thirds of the stock
of the corporation shall be necessary to make an increase, which
increase may be so made to any amount not exceeding the
maximum amount stated in the said notice of the meeting of
stockholders. The Board of Directors shall certify the resolu-
tion of the stockholders to the Secretary of State, and that all the
requirements of this Section as to such increase of capital stock
have been complied with. In case the corporation so increasing
its capital stock is incorporated under a general law, the Board
of Directors shall likewise return to the Secretarv of State the
OF SOUTH CAROLINA. 711
A. D. 1902.
original charter or certificate of incorporation for the endorse-
ment herein mentioned. The Secretary of State shall there-
upon record the said certificate of the Board of Directors, and
shall likewise endorse upon the charter or certificate of incorpo-
ration a certificate of the increase of the capital stock, and shall
forthwith return the charter or certificate of incorporation with
such endorsement thereon to the Board of Directors ; and in
cases where the law under which such corporation is created
or oranigzed requires the charter or certificate of incorporation
to be recorded in the office of the Register of Mesne Convey-
ances or Clerk of Court, the certificate of such increase of the
capital stock, endorsed by the Secretary of State on the charter
or certificate of incorporation as hereinbefore required, shall
be recorded across the face of the record of the charter or cer-
tificate of incorporation in the office of the Register of Mesne
Conveyances or Clerk of Court, where the charter or certificate
of the incorporation is required to be recorded, and the increase
of the capital stock of such corporation shall be authorized
when the certificate is lodged for record in said office. But in
cases where the corporation has been created or organized
under a special Act of the Legislature, or where such corpora-
.tion has been created or organized under a general law and its
charter has been amended by a special Act, the Secretary of
State, upon receipt of the certificate of the Board of Directors
of the resolution of the stockholders aforesaid, and that all the
requirements of this Section have been complied with as afore-
said, shall forthwith issue to said corporation a certificate of the
increase of the capital stock, which certificate shall be recorded
in the office of Register of Mesne Conveyances or of the Clerk
of Court of the County in which said corporation has its prin-
cipal place of business ; and the increase of the capital stock of
such corporation shall be authorized when such certificate is
lodged for record in said office. In cases where the capital
stock is increased as by this Section provided, the stockholder or
stockholders thereof registered on the books of said corporation
at the time when such increase of stock shall be authorized,
shall have the preference of taking such increase of stock in
proportion to the amount of the stock he, she or they may then
own ; but if such stockholder or stockholders shall not avail
himself, herself or themselves of such privilege within ten days
after the lodgement for record of such certificate of increase of
the capital stock, the Board of Directors may dispose of the
712 CIVIL CODE
A. D. 1902.
decreased.
lb.
said increased capital stock as they inay deem best at its market
value in money or property.
State V. Bank of Charleston, Dud. Law, 187.
The said corporation so increasing its capital stock shall
pay to the Secretary of State the fees required by Section 1888,
which fees shall accompany the certificate of the Board of
Directors.
stSrmly^'be Scc. 1852. Dccrcasc of capital stock, (a) When, in the
Judgment of the Board of Directors of any corporation men-
tioned in Section 185 1, the actual capital stock of such cor-
poration has from any cause been impaired and is less than
the par value of the shares representing the same, in such cases
the nominal capital may be reduced to what, in the judgment
of the Board of Directors, is the actual value of the stock of
the corporation. When the capital is thus reduced, the out-
standing certificates shall be called in, and certificates of the
reduced capital apportioned among the stockholders according
to their respective holdings : Provided, however, That such
reduction shall in no way impair the liability of the stockholders
to creditors upon claims against the corporation existing at
the time of such reduction, (b) When a corporation owing
no debts desires to reduce its capital to a given amount, and
to distribute among its stockholders its capital in excess of
such amount, in such case the outstanding certificates shall be
called in, and the surplus capital and certificates for the re-
duced stock shall be apportioned amofig the stockholders ac-
cording to their respective holdings, (c) The following pro-
visions shall govern a reduction of capital in either of the cases
mentioned : Should any stockholder or stockholders fail to sur-
render his, her or their certificate or certificates for conversion
into certificates of the reduced stock, such certificate or cer-
tificates shall after such reduction represent only the amount
of stock in the reduced capital to which the holder or holders
would be entitled. Should the interest of any stockholder re-
quire the issue of a fractional part of a share, such fractional
part of a share may be embodied in a certificate for one or more
full shares, or, when necessary, a separate certificate issued
therefor. Whenever, by resolution of the Board of Directors,
a reduction of capital stock is determined upon, a meeting of
the stockholders shall be called to consider such resolution by
a notice published at least once a week for four successive
weeks orevious to the date fixed in such notice for such meet-
OF SOUTH CAROLINA.
ing, in some newspaper published in the County where the cor-
poration has its principal place of business, which notice shall
state the time and place of meeting, the purpose for which it is
called, and the minimum amount to which it is proposed that
the capital shall be reduced. The vote of two-thirds of the
stock shall be necessary to make a reduction, which reduction
may be made to any amount, not less than the amount stated
in the said notice of the meeting of stockholders. The Board
of Directors shall certify the resolution of the stockholders to
the Secretary of State, and that all the requirements of this
Chapter in relation to such decrease of capital stock have been
complied with ; and where capital is to be distributed, shall
further certify that the corporation owes no debts. In case
the corporation so decreasing its capital stock is incorporated
under a general law, the Board of Directors shall likewise
return to the Secretary of State the original charter or cer-
tificate of incorporation for the endorsement herein mentioned ;
the Secretary of State shall thereupon record the said cer-
tificates of the Board of Directors, and shall likewise endorse
upon the charter or certificate of incorporation a certificate of
the decrease or reduction of capital stock, and shall forthwith
return the charter or certificate of incorporation, with such en-
dorsement thereon, to the Board of Directors ; and in cases
where the law under which such corporation is created or or-
ganized requires the charter or certificate of incorporation to
be recorded in the office of the Register of Mesne Conveyances
or Clerk of Court, the certificate of such decrease or reduction
of capital stock, endorsed by the Secretary of State on the
charter or certificate of incorporation as hereinbefore required,
shall be recorded across the face of the record of the charter
or certificate of incorporation in the office of the Register of
Mesne Conveyances or Clerk of Court, where the charter or
certificate of incorporation is required to be recorded ; and such
decrease or reduction of capital stock shall be authorized when
the certificate is lodged for record in said office. But in cases
where the corporation has been created or organized under a
general law, and its charter has been amended by a special
Act, the Secretary of State, upon the receipt of the certificate
of the Board of Directors of the resolution of the stockholders
aforesaid, and that the requirements of this Chapter have been
complied with in relation to such decrease or reduction of capi-
tal stock, shall forthwith issue to said corporation a certificate
714 aVIL CODE
A. D. 1902.
^^"■^^-^^ of such decrease or reduction of capital stock, which certificate
shall be recorded in the ofHce of the Register of Mesne Con-
veyances or the Clerk of the Court of the County in which
said corporation has its principal place of business ; and the
said decrease or reduction of capital stock shall be authorized
when such certificate is lodged for record in said office. For
the services required of him by this Section of this Chapter
there shall be paid to the Secretary of State a fee of five dollars,
which shall accompany the certificate of the Board of Directors.
pafd^1nto*°the ^ec. 1853. All fccs received by the Secretary of State under
State Treas-^j^g j^g|. ^^q Scctions shall bc tumcd over quarterly by him to
the State Treasurer.
sfatT^tl^ p°e- See. 1854. The Secretary of State shall annually prepare,
fis^ irsl ^"of cause to be printed, and submit to the General Assembly, a true
grantldf 'a^n^d abstract of all certificates for the increase or decrease of the
e?ai° As*s°eiwy! Capital stock of corporations issued by him under the provisions
7^; of this Chapter ; said abstract shall contain, under proper head-
ings, the corporate name of the corporation, the date of its
charter, its location, original amount of its capital stock, and
such increase or decrease thereof, 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, stating whether
the capital stock has been increased or decreased, shall be in-
cluded in the index of said Acts and Joint Resolutions.
Payments for ggg^ 1855. Neither stock nor bonds shall be issued by any
stock must be _ -^ -^
bona fide. corporation except for money paid, property delivered, or labor
done; and all fictitious increase of stock or indebtedness shall
be void.
^P^^ef erred gee. 1856. Any corporation heretofore or hereafter created
1901 XXIII °'* organized under any general or special Act of the General
^12- Assembly, may at any time and from time to time issue stock
with preferences, conditions and liabilities as herein provided.
Notice. See. 1857. When the Board of Directors or Managers of any
^^- corporation as aforesaid, deem it advisable to attach conditions,
preferences or liabilities to stock issued or to be issued, they
shall give four weeks' notice of a stockholders' meeting to
consider the authorization of such preference, or preferences,
^ liabilities or conditions. The said notice shall contain the num-
ber of shares and aggregate amount that it is proposed to issue
and the preferences that shall be given to, the conditions at-
OF SOUTH CAROLINA. 715
A. D. 1902.
lb.
Proviso.
lb.
tached to, and the liabilities imposed upon the stock proposed ^^^^"^-^^^
to be issued.
Sec. 1858. If two-thirds of the stock in value of the said ^ J^*""*^^ "■ <^^
company be present by proxy, or otherwise, at said meeting,"
and shall vote in favor of said preferences, conditions or lia-
bilities, then the said preferences, conditions and liabilities shall
be deemed a binding contract entered into by the aforesaid com-
pany when the stock shall have been issued and signed by the
president, and attested by the Secretary.
Sec. 1859. At the organization of any company the afore-,
said four weeks' notice shall not be necessary or required :
Provided, The subscription list shall state the amount of the
preferred stock that it is proposed to issue at said organiza-
tion, and two-thirds of the stock in value that has been sub-
scribed shall be present and vote to authorize the issue of pre-
ferred stock as aforesaid.
Sec. 1860. To impose any conditions or to attach any penal-
ties to a portion only of the stock of a corporation that was
not contemplated or provided at the time said stock was issued,
it shall be necessary that two-thirds of the stock so affected
vote therefor after notice as aforesaid.
Sec. 1861. Stocks representing shares in manufacturing cor- ^^nufacuiriiig
porations chartered under the laws of this State shall be^°'"P^'^y '^^^■
deemed, and are hereby declared to be, realty, but the stock ^g^^^^ xxiii.
representing such shares may be transferred from one person
to another, for any purpose whatsoever, by the same means
as are or may be allowed by law for the transfer of shares in transfer,
other corporations: Provided, The same shall not be subject to
any claim of dower, shall be subject to debts in execution, or
upon attachment as shares of stock in other corporations and to
the laws of distribution of deceased intestate's estate, as if the ^ j stribution
same were personal property : Provided, further, That such f^^^^^^^ °* '''"
stocks shall be exempt, in the hands of the holder, from taxation
when the corporation is taxed on the value of said stocks.
Sec. 1862. Any and all claims whatever against any and all ^ciaims^against
corporations whatsoever shall bear legal interest from the ex-b^ej^ynterest
piration of thirty days after the day on which such claims may iggs, xxii.,
be due and payable, unless interest runs by agreement or con- 77i.
tract from any earlier day, in which case the claim or claims
shall bear interest from such earlier day ; and further, unless a
rate of interest (not usurious) different from the legal rate be
CIVIL CODE
agreed upon or contracted for, in which case the claim or claims
shall bear the rate of interest agreed upon or contracted for.
m^a°/''°r?clver Sec. 1863. All bodics corporatc, in any Court in this State,
tiieir member" "^3.y suc for, rccovcr and receive from their respective mem-
G. s. 1577; bers all arrears or other debts, dues and demands which now
?7 9% Viil! ^I's or hereafter may be owing to them, in the like mode,
175, § 1. manner and form as they might sue for, recover and receive
the same from any indifferent person who might not be one of
their body ; any law, usage or custom to the contrary thereof
in any wise notwithstanding.
biib°Vf°c!-edi? Sec, 1864. No body politic or corporate within this State
mediumTpe"" shall bc allowcd to issue any bills of credit in the nature of a
aity; proviso, circulating medium, or other than such as answer the purpose
s.^^'isisY' I'si^! °^ contracts, under the penalty of ten dollars for each and
VIII., 33, § 3. gygj-y dollar issue ; but this clause shall not be so construed as
to affect the chartered rights of any banking institution within
this State incorporated by an Act of the Legislature,
pay taxes^^^ ^° ^^^- 1865. Whenever any corporation chartered under the
189 3, XXI. 13-ws of this State shall, within thirty days after the time re-
^^^- quired and permitted by law for taxes to be paid, with or with-
out penalty, as now required by law, refuse, neglect or omit
to pay the taxes for State and County purposes, as assessed
Works a for- ^^^ levicd upou the property of such corporation, the charter
feiture. q£ such corporatiou, with all the rights, privileges and fran-
chises thereunder, shall become and be deemed forfeited, and
the corporate existence of such corporation shall be annulled,
ctnlraf^o ^^ cvcry such casc it shall be the duty of the Attorney Gen-
bring action. gj.^|^ ^^^ ^g jg 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., Chap-
ter II. of the Code of Civil Procedure of this State.
wh^se^°char°te? ^^^- ^^^^- ^11 corporatious, whether they expire by their
has expired or Q^j^ limitation or be annulled by the Legislature, or otherwise
been annulled -' => '
shall ^contin^ue dissolvcd, shall be continued bodies corporate for the purpose
pose of closing gf prosccuting and defending suits bv or against them and of
their affairs. ^ ^ & ^ o ^
-■one vvTT enabling them to settle and close their affairs, to dispose of and
774- convey their property and to divide their capital, but not for
the purpose of continuing the business for which they were es-
tablished.
Sec. 1867. Upon the dissolution in any manner of any cor-
poration, the directors shall be trustees thereof, with full power
OF SOUTH CAROLINA. 717
A. D. 1902.
to settle the affairs, collect the outstanding debts, sell and '■^-^n-'^^
convey the property and divide the moneys and other property ^j^g"^^^^ ""^f^"^
among the stockholders after paying its debts, as far as such ^^^soi^dcm of
moneys and property shall enable them ; they shall have power —
to meet and act under the by-laws of the corporation and under
regulations to be made by a majority of said trustees, to pre-
scribe the terms and conditions of the sale of such property,
and may sell all or any part for cash, or partly on credit, or
take mortgages and bonds for part of the purchase price for
all or any part of said property.
Action by stockholder. — Matthews v. Bank, 60 S. C, 200; 38 S. E., 443. *
Sec. 1868. The directors constituted trustees as aforesaid ^°'^^^ *° ^"^'
Ih.
shall have authority to sue for and recover the aforesaid debts
and property by the name of the corporation, and shall be
suable by the same name or in their own names or individual
capacities for the debts owing by such corporation, and shall
be jointly and severally responsible for such debts to the amount
of the moneys and property of the corporation which shall
come to their hands or possession as such trustees.
Sec. 1869. When any corporation shall be dissolved in ^"^J ^^^^^^^^^^'^
manner whatever, any Circuit Judge of this State, acting under ^ppo'^^'^'Jg^ *^^
the laws of this State as to receivers, on application of any ^'^^ effects, &c.
creditor or stockholder, at any time, may either continue the ^^•
directors as trustees as aforesaid or appoint one or more persons
to be receivers of such corporation to take charge of the estate
and effects thereof and to collect the debts and property due
and belonging to the corporation, with power to' prosecute
and defend, in the name of the corporation or otherwise, all
suits necessary or proper for the purpose aforesaid, and to
appoint an agent or agents under them, and to do all other
acts which might be done by such corporation, if in being, that
may be necessary for the final settlement of its unfinished busi-
ness ; and the powers of such trustees or receivers may be con-
tinued as long as the Court shall think necessary for such pur-
poses.
Sec. 1870. The Court of Common Pleas and the Circuit ^ ^^ isdiction
Judges at chambers shall have jurisdiction of said application ^^^j^jj^°pJJ ^5^°^
and of all questions arising in the proceedings thereon, and may therem.
make such order and decrees therein as justice and equity
shall require.
Sec. 1871. The said trustees or receivers shall pay ratablv, Duty of trus-
tees of receiv-
as far as its moneys and property shall enable them, all the ers.
7i8
CIVIL CODE
A. D. 1902.
D i ssolution
of corporation
not to abate
actions.
Dec rees of
dissolution t o
be filed with
Clerk of Court.
R e newal of
certain c h a r-
ters.
1891, XXIII.,
713.
Certificate.
creditors of the corporation who prove their debts in the man-
ner directed by the Court; and if any balance remain after the
payment of such debts and necessary expenses the same shall
be distributed among stockholders.
Sec. 1872. Any action now pending or to be hereafter begun
against any corporation which may become dissolved before
final judgment shall not abate by reason thereof, but no judg-
ment shall be entered therein except upon notice to the trustees
or receivers of the corporation.
Sec. 1873. A copy of every decree or judgment dissolving
any corporation or forfeiting its charter shall be forthwith
filed by the Clerk of the Court in the office of the Secretary
of State, and a note thereof shall be made by the Secretary of
State on the charter or certificate of incorporation and in the
index thereof.
Sec. 1874. Any corporation, except railroad, railway, tram-
way, turnpike and canal companies, incorporated by a special
Act of the General Assembly of this State, the duration of
whose charter is limited, may, at any time before its expiration,
have its charter renewed, to continue of force perpetually unless
limited by the terms of the petition hereinafter provided for, in
the following manner, namely :
A petition authorized by the Board of Directors, ^lanagers
or Trustees of such corporation shall be filed with the Secre-
tary of State setting forth the Act incorporating such corpora-
tion and asking for the renewal and extension of its charter,
whereupon the said Secretary of State, upon payment of the
fees hereinafter prescribed, shall issue and deliver to such cor-
poration a certificate of renewal and extension of its said char-
ter, such certificate to be of the following purport :
The State of South Carolina : AA'hereas pursuant to a reso-
lution adopted by the Board of Directors, (Trustees or ]\Ian-
agers, as the case may be) of , a corporation created in
and by an Act of the General Assembly of the State of South
Carolina ratified the day of , A. D. (or ap-
proved the day of , A. D., as the case may be) entitled
, has filed with me its petition for renewal and ex-
tension of the Charter of said Corporation ;
Now, know all men that the Charter of said Corporation is
hereby renewed and extended in perpetuity (or for
years, as the case may be) with all the franchises, powers,
rights, privileges and immunities and subject to the responsibili-
OF SOUTH CAROLINA.
ties and liabilities heretofore granted to and imposed on such
corporation.
Witness my hand and Seal of Office this day of
A. D
Effect of.
[L. S.] Secretary of State.
Sec. 1875. Upon the issuing of the certificates hereinbe-
fore provided for, the charter of such corporation shall there-
upon be renewed and extended, and such corporation shall be
entitled to and vested with all the franchises, powers, rights,
privileges, immunities and property enjoyed, possessed and
owned by it, and subject to the responsibilities and liabilities to
which it is subject, at the date of the issuing of such cer-
tificates, except that the liability of the stockholders in such
corporation shall be such as is provided in the Constitution of
this State and none other, and such charter shall be subject
to all the provisions of said Constitution applicable to such cor-
poration as though such provisions were expressly inserted
therein. Such certificate of renewal and extension shall be corded.
recorded in the office of the Register of Mesne Conveyances, or
Clerk for the County in which such corporation has its prin-
cipal place of business, and such certificate of or certified copy
of such record thereof shall be evidence of the renewal and
extension of the charter of such corporation.
See Sec. 1891 as to renewal of charters which have expired by limitation of time.
Sec. 1876. All charters renewed and extended under the ^Charters re-
provisions of Sections 1874 and 1875 shall at all times be tj^^ ^amendment
subject to amendment or repeal by the General Assembly.
Sec. 1877. Any and all such renewals of charters as may ^^^^^|^ ^ ^ ^
have been heretofore granted by the Secretary of State prior to
the expiration of the original charter are hereby confirmed
and validated.
Sec. 1878. The Secretary of State shall publish with the ^ P^u^b lication
Acts of the General Assembly a list of all such certificates of
renewal and extension as he is now required by law to do in
the cases of original charters issued by him.
Sec. 1879. The same fees shall be allowed for such renewal Fees,
certificate as are now prescribed by law for granting original
charters.
CIVIL CODE
CHAPTER XLVIII.
Private Corporations Organized Under General Laws.
Article i. Business Corporations.
Article 2. Charitable, Social and Religious Societies.
Article 3. Mutual Protection Societies.
Article 4. Railroad, Steamboat and Canal Companies.
ARTICLE I.
Business Corporations.
Sec.
1880. Certain charters granted by
Secretary of State ; petition.
1881. Board of Corporators.
1883. Subscriptions to stock ; how
payable.
1883. Organization, when and how
effected.
1884. Certificate of charter.
1885. Irregularities not to vitiate
corporation.
1886. Board of Corporators to turn
over assets to company.
1887. Proceedings to be recorded.
1888. Fees for charters.
1889. How corporations existing
prior to adoption of Consti-
tution of 1895 may secure
new charter.
Sec.
1890. Expense of obtaining char-
ters limited.
1891. How charters which have ex-
pired may be renewed.
1892. Amendments confirmed.
1893. Powers of corporations under
this chapter.
1894. When stock may be issued.
1895. Further powers.
1896. Who are eligible as directors.
1897. Books open to inspection.
1898. Non-use of charter for five
years- works forfeiture.
1899. How meetings of stockhold-
ers may be called.
1900. Right to charge for use of
wharves.
1901. Corporations subject to lia-
bilities imposed by law.
Certain char- Sectloii 1880. The charter for any and every corporation ex-
ters granted by j j i^
Secretary of ^ept railroad, railway, tramway, turnpike and canal corppra-
ites for. tions shall be issued by the Secretary of State. Two or more
92^\^897 ^^¥i' P^^'sons desiring to form a corporation for any purpose or pur-
522. poses whatsoever, or two or more combined (except for munici-
pal purposes) and except also for railroad, railway, tramway,
turnpike and canal corporations, may file with the Secretary
of State a written petition, signed by themselves, setting forth :
I. The names and residences of the petitioners. 2. The name
of the proposed corporation. 3. The place at which it pro-
poses to have its principal place of business, if any, or to be
located. 4. The general nature of the business, if any, which
it proposes to do. 5. The amount of capital stock, if any,
and how and when payable. 6. The number of shares into
OF SOUTH CAROLINA.
which the capital stock, if any, is to be divided and the par
value, if such there be, of each share. 7. Any other matter
which it may be desirable to set forth.
The place of business constitutes its legal residence, but this residence is not
confined to its principal place of business. — Cromwell v. Ins. Co., 2 Rich. L., 512.
Sec. 1881. Upon the filing of the petition as above, and upon p^°tors°^ *^°'^'
the payment of a fee of $3.00 for the recording of said petition, j^
the Secretary of State shall issue to the parties, or to any two
or more of them, a commission constituting them a Board of
Corporators and (where there is to be capital stock) author- Books of sub-
izing them to open books of subscription to the capital stock ®'^'''p**°"' ^'^•
of the proposed corporation after such public notice, not ex-
ceeding ten days, as he may require in said commission.
Sec. 1882. All subscriptions to the capital stock of any cor-
poration organized under this Article shall be payable in money,
or in labor or in property at its money value, and shall be^o^^^'payPbie."'
listed, the labor or the property and the value thereof to be Jl
specified in the list of subscriptions ; but no subscription in labor
or in property shall be received unless such labor or property
and the value thereof, so to be specified as aforesaid, be ap-
proved by said Board of Corporators ; and in case of failure to
perform the labor or to deliver the property according to the
terms of the subscription, the money value thereof, as specified
in the list of subscriptions, shall be paid by the subscribers.
Subscription made before Act of incorporation held binding if recognized after-
wards.— Christ Church v. Simons, 2 Rich. L., 368. So where subscriber partici-
pates in organization of the corporation. — G. & C. Ry. Co. v. Coleman, 5 Rich.
L., 118; Same v. Woodsides, lb., 145; 55 Am. Dec, 708. — Conditional subscription
binding. — Spartanburg and G. Ry. Co. v. DeGraffenreid, 12 Rich. L., 675. Not
released by amendment to charter. — Greenville v. Coleman, supra. When released
from subscription. — Nettles v. Marco, 33 S. C, 47; 11 S. E., 595. Subscription bind-
ing.— N. E. Ry. Co. V. Rodrigues, 10 Rich. L., 278. Necessity of signing subscrip-
tion book.— C. & S. C. Ry. Co. v. Blakeley, 35 Strob., 245. Action to recover. —
Ramey v. Anderson, i McMul., 300; Columbia v. Harrison, 2 Mills Const., 213.
Subscription made on behalf of another. — Williams v. Benet, 34 S. C, 112; 13
S. E., gy. Erasure of name. — C. & C. Ry. Co. v. White, 10 S. C, 155.
Sec. 1883. Where not less than fifty per cent, of the pro- o rganization
posed capital stock shall have been subscribed by bona iide^°'" perfected.
subscribers, the Board of Corporators shall call the subscribers is^e, xxii.,
1 A 1 • r 1 , •■, 9 4 ; 1 9 0 0 ,
together. At such meeting of the subscribers, a majority of xxiii., sse.
whom in value being present in person or by proxy, the sub-
scribers shall proceed to the organization of the company by
the election from themselves of a Board of Directors, Trustees
or Managers, of such number as they may deem proper, not
to exceed nine in number, which Board shall manage the
affairs of the corporation until their successors shall have been
46.— C.
722 CIVIL CODE
A. D. 1902. ~
'^-"^^v^^ elected, and shall have qualified according to the constitution
and by-laws of the corporation. The Board of Directors,
Trustees or Managers shall call for the payment of the sub-
scription to the capital either in whole or in such instalments
as it shall see fit. The Board of Directors, Trustees or Man-
agers shall elect from their number a president, and they may
also elect such person or persons as they may see fit as secretary
and as treasurer, the latter of whom shall give such bond as
they may require : Provided, That in case of continuing build-
to ■^c°o'r^p'i)ra^ '^^S ^^^ lo^" associations and other corporations of a like nature
stock in month^ issuing stock in monthly series, the declaration may name an
ly series. amount as the initial capital stock, and a larger amount as the
ultimate capital stock, to which the issue of the monthly series
may extend, according to the by-laws of said corporation ; and
when not less than fifty per cent, of the initial capital stock
shall have been subscribed by bona fide subscribers, the meeting
of the stockholders and other proceedings provided for in this
Article may be had : Provided, further. That the stockholders
of such corporation shall have the power at their first meeting
to adopt a by-law providing for the issuing of preferred stock,
having such special privileges and to be issued in such amounts
and in such manner as they shall establish by their said by-laws.
As to compliance with charter or statutory provisions; under special charter. —
Spartanburg & A. R. Co. v. Ezell, 14 S. C, 281. Conditions precedent to organi-
zation.—C. & C. R. Co. V. White, 10 S. C, 155-
How certifi- gee, 1884. Upou the payment to the treasurer of the cor-
cate of charter ^ ^ -'
secured. poration, or to some other officer designated for the purpose
1896, XXII., by the subscribers, of at least 20 per cent, of the aggregate
amount of the capital subscribed payable in money, and also
upon the delivery to such officer of at least 20 per cent, of the
property subscribed to the aggregate amount of the capital
stock, or upon its delivery being secured by such obligations of
the subscribers as the Board of Directors, Trustees or Man-
agers may approve, the Board of Corporators, or a majority of
: them, shall, over their signatures, certify to the Secretary of
State that the requirements of this Article have been complied
with. Such certificate shall be known as the return of the cor-
porators. Upon the filing of the return, and the receipt of the
charter fee hereinafter provided for, and upon the payment to
him of a fee of $3.00 for the recording of the return, the Sec-
retary of State shall issue to the Board of Corporators a cer-
tificate, to be known as the charter, that the corporation has
been fully organized according to the laws of South Carolina,
OF SOUTH CAROLINA.
under the name and for the purpose indicated in the written
declaration, and that they are fully authorized to commence
business under their charter, a copy of which charter shall be
recorded in the office of the Register of Mesne Conveyance
or Clerk for each County where such corporations shall have
a business office : Provided, That in cases when by the terms
of the declaration the capital stock of the corporation is to be
paid in installments the charter may be issued when 50 per
cent, of the first installments of the capital stock has been paid
in and the provisions of this Article in other respects complied
with. Any charter issued hereunder may wind up the affairs
of the corporation by resolution of the stockholders representing
the majority of the capital stock, said resolution to be signed
by the president and secretary, or other officers of the corpora-
tion, and forwarded to the Secretary of State, to be filed and
recorded as hereinbefore provided for declaration and return :
Provided, That such resolution shall not bar an action for two
years thereafter against the corporation or any of its members
for any liability incurred during the existence of the corpo-
ration.
A copy of the certificate issued by the Secretary of State to
the Board of Corporators, and known as the charter, when at-
tested and certified by the Secretary of State or the Register
of Mesne Conveyance of the County where such certificate is
recorded, or by the deputy of either of them, shall in all Courts
and places be evidence of the due organization and existence
of the corporation and of the matters specified in such certifi- 523.^^^' ^^^^•'
cate.
Corporation receiving charter and working under it, cannot deny acceptance
of it. — McKay v. Beard, 20 S. C, 156.
Sec. 1885. No irregularity in complying with the provisions not^"^ to" vitiate
of this Article shall be held to vitiate the incorporation until a ksTorde'red'by
direct proceeding to set aside and annul the charter be insti-?ngs.^'^^'^°'^^^
tuted by the proper authorities of the State; and all acts done isoe, xxii.,
and contracts entered into shall have the same force and effect
as if no irregularity had existed.
Sec. 1886. Upon the issuance of the charter by the Secretary Board of cor-
rf 1-n ^ r /-^ poratorsto
of state, the Board of Corporators shall turn over to the proper turn over to
rr- r ^ • 11 i • • i- 1 ^'^^ company.
officers of the corporation all subscription lists or other papers-
they have taken as corporators, and all such papers shall be as
valid as if taken and made by the corporators.
In action on subscription note for stock evidence as to falsity of statements
in return of corporators was excluded. — Glenn v. Rosborough, 48 S. C, 272; 26
S. E., 611. See citations under Sec. 1882.
Ih.
CIVIL CODE
Sec. 1887. The declaration, the corporators' commission, the
to'^be^rlcordfd c°^P°^^^°^s' rctum and the charter shall be recorded by the
Sta^lf'^^'^''^' °^ Secretary of State in books kept by him for that purpose.
j^ Sec. 1888. The Secretary of State is hereby authorized
Fees for char- ^"*^ required to collect the following fees : Upon each charter
^^^^- issued or renewed to any corporation, payable when the said
7icf°"^' ■^•^^^•'•■' charter is issued or renewed, the sum of one mill upon each
dollar of the capital stock authorized up to and including one
hundred thousand dollars ; the sum of one-half of a mill upon
each dollar of the capital stock exceeding one hundred thousand
dollars and up to and including one million dollars; and the
sum of one-fourth of a mill upon each dollar of the capital
stock exceeding one million dollars ; for recording each declara-
tion, petition or return precedent to the granting of any com-
mission of corporators, charter, amendment of charter or in-
crease, or decrease of capital stock, or renew^al of charter, re-
quired by law to be recorded in said office, the sum of two dol-
lars and fifty cents for each paper so recorded; for filing each
declaration or other paper, by any foreign corporation, five dol-
lars ; for filing each charter granted in another State and by-
laws adopted thereunder, or either required by law to be filed,
five dollars : Proznded, That nothing herein contained shall be
construed to apply to municipal charters : Provided, further,
That nothing herein contained shall be construed to increase
the fees for churches, lodges, colleges, schools or other eleemo-
synary organizations.
^Con^sohdation Upou the consoHdatiou of any railroad company there shall
companies. j^^ p^-^ ^^ ^1^^ Secretary of State a fee upon the capital stock
of the combined company, as in the organization of a new com-
pany : Provided, That credit shall be given thereon for any
charter fees paid by companies forming the consolidated com-
pany.
All fees collected hereunder shall be paid into the State
Treasury by the Secretary of State.
c ?r°p orations Scc. 1889. Any Corporation heretofore created which has not
charten'^"'^^ ^ forfeited its charter, and any corporation created by the Gen-
189G, XXII., eral Assembly of 1894, may surrender its charter and secure a
T^l 9^^i% o^i; i^ew charter under this Article ; and any such corporation
xxiii., no. Qj. ^^^^ corporation created under this Article may have its
name changed or its charter amended in any particular under
OF SOUTH CAROLINA. 725
A. D. 1902.
this Article. Any corporation chartered previous to the ap- ""-"v^"^
proval of this Article, desiring to increase its capital stock,
shall, before such increase be allowed and resolution be filed
and recorded, pay to the Secretary of State the fees prescribed paid^f ecretar^
in Section 1888: Provided, That the granting of such new °^ ^*^*^' ^'=-
charter or such amendments shall not operate in any way to
prejudice the claims of creditors of such corporation or to re-
lieve such corporation of any liability already created or as-
sumed, but that although operating under a new charter it shall
be regarded as the same corporation. In order to obtain such
new charter or such amendment of charter, the board of
directors, trustees or managers shall call a stockholders' meet-
ing, giving at least thirty days' notice of the time, place and
purpose of said meeting, either by the mailing of written notice
to each stockholder or else by publication in some newspaper
published in the County where the corporation has its principal
place of business, or (if no paper be published in the County)
by written or printed notice posted up on the court house door :
Provided, That such meeting may also be called by the presi-
dent of the corporation, or by any stockholder owning in aggre-
gate 20 per cent, of the capital stock, in the manner above pro-
vided. If a majority of the stock of the corporation be present
at such meeting, in person or by proxy, and a resolution asking
for a new charter or an amendment of charter be adopted by a
majority vote of the shares represented at the meeting, then
the board of directors, trustees or managers, or a majority of
them, shall certify such resolution, over their signatures, to
the Secretary of State. Such resolution petitioning for such
new charter or amendment shall set forth the date of the
original charter of the company by reference to the Act of the
General Assembly or to the record in the office of the Secretary
of State, and shall in other respects conform to the form of the
declaration provided for in Section 1880. The Secretary of
State, upon the filing of such declaration and upon payment
of the charter fee in cases where an increase of capital stock
is petitioned for, and upon the payment of a fee of $3.00, shall
issue to the corporation a new charter or an amended charter
in accordance with the terms of the petition. All papers con-
nected with the granting of such new charters or of such
amendments shall be recorded as provided in Section 1887.
Surrender of old charter and acceptance of new. — Roye v. Charleston Saving
Inst., 14 Rich. Eq., 54; Lauraglenn Mills v. Ruff, 52 S. C, 448; 30 S. E., 586;
Att'y Gen'l v. Clergy Soc, 10 Rich. Eq., 604.
See Sections 1851-1853 for provisions as to increase or decrease of capital stock.
CIVIL CODE
Sec. 1890. No expenses shall be attached to the granting of
charters^" ° charters or amendments thereto further than the fees as
1896, XXII., specified herein : Provided, That the total fees for the charter
^^' of any Church, Cemetery Company, Freemason or Odd Fel-
lows or Knights of Pythias Lodge, or any other charitable,
social, educational or religious society, shall not exceed the
sum of two dollars, to be paid to the Secretary of State upon
the filing of the petition for incorporation.
charters per- ggg_ 1891. All charters granted under the provisions of this
1896 XXII " Article shall continue of force perpetually unless limited by
52l- '^lili f^'^the terms of the petition: Provided, That all corporations shall
■^^1- always have the right to go into liquidation and to wind up
Liquidation, j-hgjj- affairs, upon a stockholders' vote representing a majority
of capital stock had after such notice as is provided in Sec-
tion 1889.
ch?r°ters^''ma^y "^^ ^^^ chartcr of any corporation heretofore or hereafter
be renewed, granted by special Act, or under general laws, has expired, or
shall expire by limitation of time, such charter may be renewed
(to continue of force perpetually unless limited by the terms of
the petition, and to be subject to amendment or repeal by or
under legislative authority,) in the following manner:
Form of peti- »^ petition shall be filed with the Secretary of State by any
three or more of the officers, stockholders or members of such
corporation for renewal of the charter thereof, setting forth
such charter and the date of its expiration ; and thereupon the
Secretary of State shall, on payment to him of the charter fees
prescribed by law, issue a certificate of renewal of such charter
and deliver the same to the petitioners — such certificate to be
to the following purport :
"The State of South Carolina: Whereas being three
or more of the officers, stockholders or members (as the case
may be) of the corporation known by the name of
(here state name of corporation) and chartered by on
the day of A. D (here state how and when
chartered), have filed with me their petition for renewal of
the charter of such corporation : Now, know all men by these
presents, That the charter of the said corporation is hereby
renewed, with all the franchises, powers, rights, privileges
and immunities, and subject to the responsibilities and liabili-
ties, granted and imposed heretofore to and on such corpora-
tion, in perpetuity or for years (as the case may be).
tion
OF SOUTH CAROLINA.
Witness my hand and seal of office this day of ,
A. D
(L- S.) " ,
"Secretary of State.
"Upon the issuing of such certificate of renewal, the charter
of such corporation shall thereupon be renewed, and the cor-
pration shall be entitled to and vested with all the franchises,
pwers, rights, privileges, immunities and property enjoyed,
possessed and owned by it at the expiration of its charter, in all
;espects as if such charter had not expired, and subject to the
responsibilities and liabilities to which it was subject at the
tine of such expiration ; and all acts done by such corporation
afi^r the expiration of its charter shall thereupon be as valid
as if such charter had not expired.
Tie renewal of charter held to relate back to prevent reverter of property. — St.
Philips Church v. Zion Presbyterian Church, 23 S. C, 297; see also Brown v.
Chessrville Academy, 3 Rich. Eq., 362.
"md such certificate of renewal shall be recorded in the Sec-
retay of State's office, and also in the office of the Register of
Mesie Conveyances or Clerk, as required by Section 1884 of
this Article, and a certified copy thereof shall be evidence as
irorided in said Section 1884.
"The Secretary of State shall publish with the Acts of the
general Assembly a list of all such certificates of renewal as he
is now required by law to do in the cases of original charters
issued by him."
See Sections 1874- 1879 as to renewal of charters before expiration.
Sec. 1892. All amendments heretofore made of charters of
corporations granted by special Act be, and the same are hereby,
ratified and confirmed.
See Sections 1845 and 1846, ante, as to mode of elections by stockholders;
time and place of meetings; see Sees. 1843, s. d. D, and 1861 as to status of stock;
Sec. 1850 as to time within which it must organize.
Sec. 1893. Every corporation chartered under this Article
shall have the following powers, to wit: i. To have perpetual
succession. 2. To sue and be sued by the corporate name.
3. To have a common seal and to alter the same at pleasure.
4. To prescribe the mode of transferring the shares of the
corporation. 5. To make contracts, to loan money, to acquire
and to transfer property, both real and personal, including
shares of stock in other corporations, possessing the same
powers in such respects as individuals now enjoy. 6. To make
by-laws, and all rules and regulations deemed expedient for
Record.
Secretary of
State to pub-
lish list of re-
newals.
A mendments
by special Acts
confirmed.
1898, XXII.,
771.
Powers of
c o r p orations
under this Act.
1896, XXII.,
99; 1898, lb..
728 CIVIL CODE
A. D. 1902.
^^■^•^^'^^^' the management of its affairs, not inconsistent with the Con-
stitution and laws of this State or of the United States.
All by-laws must be subordinate and conformable to its charter. — St. Luke's Churcl
V. Matthews, 4 DeS., 585.
7. To have a lien upon the shares of its stockholders to
enforce the payment of installments due upon the capital stock,
to provide and to enforce the collection of such fines and pen-
alties for delinquency in payments of its installments upon th<
capital stock as its by-laws may fix, not to exceed lo per centun
on account due. 8. To borrow money for the purpose of carry-
ing out the objects of its charter ; to make notes, bonds or other
evidences of debt; and upon a vote of the stockholders, has
after such notice as is provided in Section 1889, to secure tie
payments of its obligations by mortgage or deed in trust on ill
or any of its property and franchises, both real and persoml :
Provided, however, That no such notice or vote shall be 'e-
quired to enable the proper officers of any corporation to seare
the payment of any temporary loan on promissory note or
otherwise by pledge or hypothecation of any chose in acion
held or owned by such corporation or of the products, goids.
wares or merchandise produced or manufactured by such cor-
poration, unless such notice and vote be required by the by-lc.ws
or rules of such corporation.
Deposits of title deeds by president cannot create an equitable mortgage. — Parker
V. Carolina Savings Bank, 53 S. C, 583; 31 S. E., 673. Lien in favor of vendor
under an attempted but irregular mortgage. — Hughes v. Edisto Cypress Shingle
Co., SI S. C, i; 28 S. E., 2.
shlTi'^be issued! Sec. 1894. Xo stock shall be issued by any corporation until
1896, XXII., fully paid, except in cases of corporations when by the terms
^' of the petition the capital stock is to be paid in in installments ;
and no transfers of stock shall be valid except as between the
parties thereto until the same shall have been regularly entered
upon the books of the corporation.
After transfer entered on books of the company the original stockholder is no
longer liable as such. — Efird v. Piedmont Land & Inv. Co., 55 S. C, 78; 32
S. E., 7s8.
Certain pow- gee. 1895. Corporations organized for anv purpose under the
ers of corpora- '^ '-' . c sr
undlr^^thls^Act^ P^°^^^^°^^ °-^ ^^^^ Article shall have power to construct and
operate a railroad, electric railway, tramway, turnpike or canal,
for their own use and purposes, and shall have the right to
effect a crossing with any existing railroad or public roads as
is now provided by law for railroad corporations ; but they
shall have no power to condemn lands except for crossing any
existing railroad or public road, as herein provided.
See ex parte Bacot, 36 S. C, 123; 15 S. E., 204, decided under former Act
of 1886.
OF SOUTH CAROLINA.
Sec. 1896. No stockholder in any corporation organized
under the provisions of this Article for banking purposes shall ^^^^^r ec^tor!
be eligible to election as a director, manager or trustee who is Trustee, &c.
not the owner of at least ten shares of stock in said corporation.
Sec. 1897. The books of any corporation organized under jQ^'Jj°^^g°^P^^^'^
this Article shall be open to the inspection of any stockholder at
any and all times.
Sec. 1898. Any corporation organized under the provisions j,ija'°ter"for five
of this Article shall cease to exist by a non-user of its franchises ^^^''^ ^ forfeit-
for five years at any one time : Provided, That this shall not
relieve any stockholder of any liability incurred during the
existence of said corporation.
Sec. 1899. A failure to hold meetings or elect directors, {^^3°^^ ^^^^\
trustees or managers on the day appointed by the by-laws shall be^tliied ™ ^ ^
not work a forfeiture of the charter of the company, but a meet-'
ing may be called hereafter by the president, or by the stock-
holders owning one-fifth of the capital stock of the corpora-
tion, by giving such notice as the by-laws may require for
annual meetings.
Sec. 1900. Any corporation organized under this Article ^.^argl 'for the
engaged in the transportation of freight or passengers by means "se of wharves.
of steamboats or otherwise upon any of the navigable waters ^^•
of this State shall have the authority to exact reasonable tolls
and fees for the use of wharves or landings located upon lands
that are the property of such corporation or that are under
lease or control of such corporation.
Sec. 1901. Every corporation created under the provisions of subj°ect° to^'n"^-
this Article shall be subject to the liabilities now imposed by ^Jfjf b^°i^4"'
law, and shall have all the rights, powers and privileges now
provided for by law.
lb.
ARTICLE II. .
Charitable, Social and Religious Societies.
Sec.
1902. Charters to religious, educa-
tional and other societies to
be issued by Secretary of
State.
1903. Declaration, contents, &c.
1904. Fee for certificate.
1905. Powers of such corporations.
1906. Irregularity not to vitiate
the incorporation.
Sec.
1907. How such corporations may
be dissolved.
1908-9. How charters may be
amended.
1910. Certificate, evidence of in-
corporation.
1911. Proceedings to be recorded.
730 CIVIL CODE
A. D. 1902.
^ Sec. 1902. The Secretary of State is hereby authorized and
o_f^iVcofporl-^"^powered to issue certificates of incorporation to any church,
iou", l°d Tc'l- college, school, lodge, society, company or other association,
er°"5udr'^asso- having uo Capital stock divided into shares, but holding or de-
whom°i"suLd.''^ siring to hold property in common for religious, educational,
1890, XXII., social, fraternal, charitable or eleemosynary purposes other than
^^°' for the insurance of life, health, accident or property.
wZV\Tfon. Sec. 1903. Any lodge, church, college, school, society, asso-
^am and where ^iatiou or company organized for the purposes aforesaid, may,
Y^_ after giving at least three days' public notice in one or more
newspapers published in the County in which the organization
is perfected, file in the office of the Secretary of State a writ-
ten declaration, signed by two or more of the officers or agents
elected or appointed to supervise or manage its affairs, setting
forth : First. The names and residences of the petitioners.
Second. The name of the proposed corporation. Third. The
place at which it proposes to have its headquarters or be located.
Fourth. The purpose of the proposed corporation. Sixth. The
names and residences of all officers, managers, trustees, direc-
tors or other officers or agents of the proposed corporation at
the time the application is made; such other information as it
may desire or the Secretary of State may require.
tifklte.^°^ ^^'^' Sec. 1904. Upon the filing of the above declaration, and the
Tb! payment of a charter fee of three dollars, the Secretary of State
shall issue to the proposed corporation a certificate of incorpora-
tion for the term that may be fixed in the said declaration, or,
in the absence of such limitation, in perpetuity,
co^o^tlon^ °^ Sec. 1905. Every corporation chartered under this Article
shall have the following powers : To make contracts, to loan
money, to acquire and transfer property, both real and personal,
under such regulations as may be fixed in the by-laws of the
said corporation, possessing the same powers in such respects
as individuals now enjoy. 2. To sue and be sued by its cor-
porate name. 3. To have a common seal, and alter the same
at pleasure. 4. To make by-laws and all rules and regulations
deemed expedient for its management, not inconsistent with the
laws of this State and of the United States. To borrow money
for the purpose of carrying out the objects of its charter, to
make notes, bonds or other evidences of debt, and to secure the
payment of its obligations by mortgage or deed of trust on all
or any of its property and franchises, both real and personal.
6. To expel or suspend members or associates. 7. To enforce
OF SOUTH CAROLINA.
the collection of dues and charges under such penalties as may-
be provided in the by-laws.
Sec. 1906. No irregularity in complying with the provisions gar^^^^ '^tfT
of this Article shall be held to vitiate the incorporation until a '"'=°''P0''^^'°^-
direct proceeding to set aside and annul the charter be insti-
tuted by the proper authorities of the State; and all acts done
and contracts entered into shall have the same force and effect
as if no irregularity had existed.
Sec. 1907. Any corporation organized for the purposes afore- i-^°^^J^°^^^
said, which has been heretofore chartered or may be chartered '^'^so'^^'i-
under this Article, which shall have accomplished the purpose
for which it has been organized, or which may desire to wind
up its affairs, may do so, upon a vote of a two-thirds majority
of its members, at a meeting of which published notice, or writ-
ten notice mailed to each member, shall be given, which notice
shall state the purpose of the proposed meeting, a certificate of
such fact to be filed with the Secretary of State.
Sec. 1908. Any corporation organized for the purposes ^^°^g amend-
aforesaid, which has been heretofore chartered or may be char- ^^■
tered under this Article, may have its charter amended in any
particular by the Secretary of State by a majority vote of its
members, at a meeting held pursuant to notice provided in
Section 1907.
Sec. 1909. Any corporation sole now chartered or hereafter ^^■
chartered may have the charter of such corporation amended
in any particular by the Secretary of State, after publishing
notice of such proposed amendment in any newspaper in the
County where the holder of the charter resides, once a week for
three weeks.
. Sec. 1910. A certified copy of the charter from the Secretary oPchS^evi^
of State, or from the Clerk of the Court or Register of Mesne '^l'^^^i°l ''"'°^'
Conveyance of the County where said charter is required to be
recorded, shall be sufficient evidence of the incorporation of
anv corporation chartered under this Article, or any amend-
ments thereof.
Sec. 1911. All papers required to be filed hereunder, and all ^ ^^p^^^^^^" ^^
charters or amendments thereof that may be granted, shall be|^|j.^'^^'^^'"y °*
recorded by the Secretary of State in books kept by him for that
purpose. The charter or amendments shall be recorded within
thirty days after its receipt in the office of the Clerk of Court or
Register of Mesne Conveyance in the County in which the cor-
poration is organized. The Secretary of State is hereby re-
CIVIL CODE
quired to publish, with the Acts of the General Assembly, a list
of all charters granted hereunder.
ARTICLE III.
Mutual Protection Associations.
Sec.
1912. When such associations may
be formed, purpose and
powers.
1913. Certificate to be signed by
applicants for charter.
Sec.
1914. Certificate to be filed with
Secretary of State.
1915. Organization of.
1916. Lien on buildings insured for
premiums.
pr^e^ivTlsso- Scctioii 1912. Any number of persons of lawful age, residents
fo'^rS. ""^^ ^"^ oi this State, not less than ten in number, may associate them-
~i896, xxiL, selves together for the purpose of insuring each other against
110; 1897, lb., jQgg i^y |^j.g ^^^ lightning, cyclones, tornadoes or wind storms ;
and may, after organization, associate with themselves such
other adult residents of this State as members of said associa-
tion as they may deem proper; and may make, assess and col-
lect upon and from each other such sums of money, from time
to time, as may be necessary to pay losses which occur by fire,
and lightning, cyclones, tornadoes, or wind storms to any mem-
ber of such association, and the assessment and collection of
such sums shall be regulated by the constitution and by-laws of
the association.
Such associations can only insure property of members. — Jacobs v. Ins. Co.,
52 S. C, 112; 29 S. E., 533; Pearson v. Ins. Co., 61 S. C, 321; 39 S. E., 512.
As to by-laws and rights under, see JoyS v. S. C. Mutual Ins. Co., 54 S. C,
446; 32 S. E., 446; Dickert v. Farmers Mutual Fire Ass'n, 52 S. C, 412; 29
S. E., 786.
tific°a't;™ °to ^ b^ Sec. 1913. Of such persons, not less than ten thereof shall
Ificl n t s for make and subscribe a certificate, setting forth therein :
?—.—: First. The name by which the said association shall be known.
110. ' " Second. The place which shall be known and regarded as its
principal place of business and head office.
Third. The object of the association, which shall only be
to enable its members and all who may thereafter become mem-
bers of said association to insure each other against loss by fire
and lightning, cyclones, tornadoes or wind storms, and to en-
force any contract which may be by them entered into by which
those entering therein shall agree to be assessed specifically
for incidental purposes and for the payment of losses which
occur to its members.
OF SOUTH CAROLINA.
Sec. 1914. The certificate shall be filed in the office of the
Secretary of State upon the production of a receipt from the^J^|^j^'^'=?^^Jj°
State Treasurer for ten dollars, certificate fee, and the pay- f^^ °^ stltl^'
ment of the usual costs for recording the papers, and a copy j^
thereof, duly certified by the Secretary of State, shall be evi-
dence of the existence and due incorporation of the association
for the purposes therein named.
Sec. 1915. When such certificate is so filed, and a copv Organization
^•'01 association.
thereof so certified forwarded to the association, the persons ;-
lb.
named therein shall elect their directors and a president, secre-
tary and treasurer, and such other officers as may be necessary
for the complete performance of all the business and objects
of the association herein provided, to serve for one year, and
such officers shall thereafter be chosen in such manner and at
such time as shall be fixed upon in the constitution ; but direc-
tors shall not be chosen for a longer period than three years,
and such association so organized shall be known and held
to be a body corporate for all the purposes aforesaid, and may
sue and be sued, and plead and be impleaded, in all Courts of
law and equity, but in no instance shall the power to insure
against losses by fire or tornadoes be exercised to others than
members of the association.
Sec. 1916. All buildings insured by any mutual company Liability of
1111 111 ' 1 -11 -1 b u i 1 dings in-
shall be pledged to such company, together with the right andsured for pre-
title of the assured in the lands upon which they are situate, '■ —
to the amount of the premium note or contingent liability, and
the company shall have a lien thereon to the amount of such
note or liability, but the lien- of the company shall not take
effect as against third parties without notice until the com-
pany files with the Register of Mesne Conveyance or Clerk of
the Court of the County in which the property insured is
situate a certificate, stating the date, number and amount of
premium note or contingent liability, and such a description of
the property insured as will enable any person readily to
identify the same. The recorder shall record and index the
certificate in his book of mortgage liens, for which he shall re-
ceive the sum of twenty-five cents ; and all liens heretofore ac-
quired by any such company shall continue in force under this
Article.
For law governing and providing for the organization of Fraternal Beneficial
Associations, see Sections 1830-1841.
CIVIL CODE
ARTICLE IV.
Railroad, Steamboat axd Caxal Compaxies.
Sec.
191
Railroad, steamboat, street
railway and canal corpora-
tions ; how incorporated.
1918. When commission will issue,
fee for same, &c.
1919. Subscriptions in what pay-
able.
1920. When company may organize.
1921. Return to be filed with Sec-
retary of State.
1922. Irregularity not to vitiate
corporation.
1923. Transfer from corporators to
corporation.
Sec.
1924. Rights and powers of com-
panies.
1925. How charters may be
amended.
1926-7. How capital stock may be
increased.
1928. Duration of charters.
1929. Meetings of stockholders.
1930. When stock is to be issued.
1931. Who may be Directors.
1932. Fictitious stock prohibited.
1933. Rights to exact toll.
1984. Fees to be paid into State
Treasury.
Section 1917. Three or more persons desiring to form them-
Railroad,
s t e a m b o at,
InTcanaT co^r- sclves into a Corporation for the purpose of building and
poration ; how
i n cc
1S99, XXIII,
;o?^orated. Operating a railroad, or for the purpose of carrying on a steam-
powers of, &c. ]jq^^^ street railway or canal business, may file with the Secre-
tary of State a written declaration and petition, signed by
themselves, and setting forth :
First. The names and residence of the declarants.
Second. The name of the proposed corporation.
Third. The place at which it proposes to have its principal
place of business.
Fourth. The general nature of the business it proposes to do,
giving in detail all the powers and privileges which it proposes
to assume or claim under the provisions of the Constitution and
laws of South Carolina. And in the case of railroad corpora-
tions, the termini, route, counties, townships, cities and towns
through which the proposed road shall pass ; the total length of
roads; whether any portion of it has already been constructed,
and, if so, how much ; the motive power proposed to be used,
whether steam or electricity; and the gauge of the road,
whether standard or narrow, and any other matter which
declarants may deem to be important; also, whether the pro-
posed road will be altogether within the limits of the State of
South Carolina or will be extended into some other State; in
the event it is proposed that such road shall be constructed
to a point v\dthout the State,, it shall be further shown whether
the corporation organizing expects to operate the line as an
independent corporation, or proposes to consolidate with some
other established road or company. In case of canal and
OF SOUTH CAROLINA.
steamboat companies, the termini of the Kne, nature of pro-
posed equipment, and whether it is proposed to operate a pas-
senger or freight Hne, or both. In case of street railway, the
city or town it proposes to do business in, and the motive
power.
Fifth. The minimum amount of the capital stock upon which
the corporation may organize, and the maximum amount to
which said capital stock may be thereafter increased, and the
par value thereof, and how payable, if subscriptions are to be
payable in instalments, the date and amount of instalments.
Sixth. That it is proposed to organize such corporation under
the provisions of this Article, naming it by its title.
Seventh. That where the corporation will have the power to
condemn lands for rights of way, if the charter is granted, the
parties proposing to ask for the same shall give notice, for four
weeks before the application is made, that such application
will be made, stating the time and place of the application for
the same, said notice to be published in each County where the
right to condemn lands will be acquired under such charter,
in some newspaper published in such Counties, for each week,
for four weeks, before such application is made ; and any
parties desiring to oppose the application may appear and op-
pose the same, setting forth such facts as may sustain his rea-
sons for said opposition, by affidavit or otherwise ; and the
Secretary of State may, on such showing, refuse to grant such
charter, or may modify the terms of same from those asked
for in the application, or may grant the same, according to
his judgment in the matter; and said charter shall be subject
to repeal and amendment by the Legislature.
The terminus determined by charter. — R. R. Co. v. Payne, s Rich., 177.
Sec. 1918. Upon the filing of the declaration of the peti- when com-
^ "-' ^ mission will is-
tioners as above, and the payment of a fee of three dollars for sue; fee for
- '■ -^ same, books 01
the recording thereof, the Secretary of State shall issue to any s u b s cription,
two or more of them a commission constituting them a board of
corporators, and authorizing them to open books of subscrip-
tion to the capital stock of such proposed company, after such
public notice, not less than thirty days, as he may require in
said commission. Said notice to be published in some news-
paper in each of the Counties through which proposed road
shall pass ; and in the case of steamboat companies, such notice
to be given at the termini only.
Sec. 1919. All subscriptions to the capital stock of any cor-
CIVIL CODE
poration organized under this Article shall be payable in money
in" whaf* pay- ^^ ^^ labor, Or in property at its money value. The labor or
able. the property, or the value thereof, to be named in the list of
subscription, to be approved by the Board of Corporators ; and
in the case of a failure to perform the labor, or to deliver the
property subscribed according to the terms of subscription,
or pay the true money value thereof, the Board of Corporators,
in behalf of the corporation, or the Board of Directors after
the corporation shall have been organized, shall have a cause
of action against such subscribers as in case of other subscrip-
tions to the capital stock of corporations as now provided by
law.
When com- gee. 1920. When not less than fifty per cent, of the capital
pany may or- J r f
ganize. stock shall havc been subscribed by bona Ude subscribers, in
the case of canal, steamboat and street railway companies, and
in the case of railroads when not less than five hundred dollars
per mile shall have been subscribed by bona Ude subscribers,
the Board of Corporators shall call the subscribers together
and proceed to organize the company, with not less than three
nor more than twelve directors ; the election of officers shall be
had in all respects as is provided for in the case of industrial
corporations organizing under Sec. 1846.
to^ fiie''°w^*'t'^h ^®^' 1921. Upon the completion of the organization of such
itate'a^return- ^'^^P^^^^^*-'"' ^^ shall bc the duty of the corporators to imme-
musf *s h o* w*^" diately file in the office of the Secretary of State a return,
charter fees, under their hands and seals, duly attested, sworn to or ac-
issumg of char- ' J '
ter, &c. knowledged before some officer qualified to administer an
oath, that the requirements of this Article have been complied
with, that at least fifty per cent, of the capital stock has been
subscribed and at least twenty per cent, of the amount sub-
scribed has been paid in or secured. In the case of railroad
companies, that five hundred dollars per mile has been sub-
scribed and at least twenty per cent, of the amount subscribed
has been paid or secured, and in the event that a survey of
the proposed route shall have been made, a copy of the profile
map of such route shall be filed with such return; and in case
no survey shall have been made, the return shall aver an in-
tention to file such map within one year from the date of
such return. Such return shall further show the names and
residence of the subscribers, the amount subscribed by each,
and the names and residence of the Board of Directors, Presi-
dent and Secretary of the company. Upon the filing of the
OF SOUTH CAROLINA.
return and the payment of charter fees, required by Section
1888, the Secretary of State shall issue to the Board of Direc-
tors a certificate, to be known as a charter, that the corpora-
tion has been fully organized, according to the laws of the
State of South Carolina, under the name and for the purpose
indicated in the written declaration ; that they are fully author-
ized to commence business under their charter ; and in all cases
such certificate or charter shall contain the further provision
that such company is a body politic and corporate, and as such
may sue and be sued in any of the Courts of this State ; and
in the case of railroad corporations shall be entitled to all the
rights and privileges and be subject to all the liabilities of
railroad corporations embraced in what is called the general
railroad law, being Chapter L. of this Code, and Acts amenda-
tory thereof, as well as any Acts now existing or hereafter to
be passed regulating the duties, privileges and liabilities of
railroad companies. Such charter shall be recorded in the
office of the Register of Mesne Conveyance or Clerk of the
Court in each County where such corporation shall have a busi-
ness office. In the case of street railway and steamboat com-
panies, such charter shall be recorded in the office of the Regis-
ter of Mesne Conveyance or Clerk of the Court of the County
in which their respective termini shall be, or in which said
street railway may be. The declaration, commission, corpora-
tors' return and the charter shall be recorded by the Secre-
tary of State in books kept by him for that purpose : Provided,
That should no return as herein provided be made to the Sec-
retary of State within twelve months from the granting of
corporators' commission, then all proceedings hereunder shall
be void, and the corporators shall be deemed to have waived
all rights acquired under their declaration and said commission.
Sec. 1922. No irregularity in complying with the provisions j^//[q^'^[*^
of this Article shall be held to vitiate the corporation until 2i^ll^^^ ° ^ ^ °^^'
direct proceeding to set aside and annul the charter be insti-
tuted by the proper authority of the State ; and all acts done
and contracts entered into shall have the same force and effect
as if no irregularity had existed.
Sec. 1923. Upon the issuance of a charter by the Secretary ^Q^^°/^P°/er*°to
of State, the Board of Corporators shall turn over to the proper |° "" ^ ° '■^*'°*^'
officers of the corporation all subscription lists or other papers ^ggg xxiii
they have taken as corporators, and all such papers shall be as^^^jjj^ %si^'
valid as if taken and made by the incorporation.
47.— C.
738 CIVIL CODE
A. D. 1902. ■ —
^ , ' Sec. 1924. All railroad corporations organized under the pro-
powlfs V/ rali^ ^^^^*^"^ °^ ^^^^ Article shall be privileged to acquire rights of
rafiway 'torpor- ^^3^ "^^ exceeding seventy-fivc feet from centre of track in each
thi^^Aa " "^ ^ "" direction, and exercise the same powers with relation to said
tracks, depots, crossing other railroads, highways and streams,
as railroads chartered by the General Assembly ; and any street
railway corporation organized under the provisions of this
Article, or where charter may be amended hereunder, shall be
authorized and empowered, upon proper application therefor,
to make, produce, generate and supply light, power and heat
by the means of electricity and gas, or either of them, both for
its corporate purposes and for sale to the public.
How charters ggg^ 1925. Any corporatiou organized under the provisions
may be amend- ^ f & f
ret'ar ^o*f*sttte °^ ^^^ Articlc, or heretofore chartered by the General As-
1899 XXII sembly, may be amended by the Secretary of State, by pro-
^- ceeding in all respects as in the organization of a railroad com-
pany hereunder — that is to say, may file with the Secretary of
State a written declaration showing the desired changes in its
charter; and after such notice as the Secretary of State may
prescribe, upon a proper showing being made, the Secretary
of State shall issue to it a certificate as a supplement to its
charter, which shall be recorded as charters hereunder, and shall
embody the changes, additions or alterations sought, upon the
payment of a fee of $5.00 to cover recording fees and issuances
of papers,
st^ck ^may^'bi ^®^* 1926. Any railroad, steamboat, street railway, or canal
increased. compau}^ in this State, desiring to increase its capital stock,
have its name changed or charter amended, shall call a stock-
holders' meeting, giving at least thirty days' notice of the
time, place and purpose of the meeting; and if a majority of
the stock of the corporation be present in person or by proxy,
a resolution, embodying the proposed changes, alterations,
amendments or increase of capital stock, be adopted, such reso-
lution shall be attached to the petition filed with the Secretary
of State under the provisions of Section 1925 hereof.
atk)n OTganfz°ed ^60. 1927. Any Corporation organized under the provisions
m"a y*^ inlfretse o^ ^his Article, and any corporation whose charter may be
stock^ ^ P ' * ^ ' amended hereunder, may increase its capital stock to any
amount by proceeding as in Section 1926 hereunder : Provided,
The original stockholders be given the preference of taking the
increase in proportion to the amount of original stock they may
individually own.
OF SOUTH CAROLINA. 739
A. D. 1902.
Sec. 1928. All charters granted under the provisions of this ^-^-v-^i^
Article shall continue of force perpetually, unless limited by the Duration o f
terms of the declaration, or unless forfeited by failure to comply
with the conditions of said charter or of this Article.
All charters granted hereunder shall be subject to repeal by ah charters
° . subject to re-
the General Assembly. And railroad, street railway and canal peai by Oen-
■' _ era! Assembly.
companies organized hereunder shall be deemed to have waived
their charter rights, franchises and privileges, unless they shall
besfin the construction of the proposed road within two years Whenw9rk
o JT ir -^ _ of construction
from the date of the charter, and complete the same within a to begin.
period to be fixed by the Secretary of State in his certificate
of incorporation, which said period shall in no case exceed
fifteen years. Steamboat companies hereunder shall commence
operating their lines within two years from the date of said
charter, or their charter rights shall be deemed forfeited.
A similar proviso as to time within which they should commence operations,
■was held not to be a condition precedent. — C. & C. Ry. Co. v. White, 14 S. C,
51; Same v. Garland, Ih., 63. A corporation is not ipso facto dissolved by failure
to commence or complete work in time limited; and the Court will not declare
the charter forfeited on a mere motion in an action brought for such purpose. —
State ex rel. City Council v. S. C. & G. R. Co., 51 S. C, 129; 28 S. E., 145.
Sec. 1929. At least one meeting of stockholders of all or- Meeting of
11 • 1 • o stockholders.
ganizations hereunder shall be held annually m this State, at
such time and place and upon such notice as the by-laws may
provide. At all stockholders' meetings, each stockholder shall
be entitled to one vote for each share of stock held or owned,
and shall be entitled to vote for directors, trustees or managers,
as provided in Section 1 1 of Article 9 of the Constitution, and
in Section 1846.
Sec. 1930. No capital stock shall be issued by any corporation when capital
^ . . - stock to be is-
until fully paid, except when, by the terms pf the petition, the sued.
capital stock is to be paid in instalments, and the deferred por-
tion shall be secured; and no transfer of stock shall be valid,
except as between the parties, until the same shall have been
regularly entered upon the books of the corporation. The
books of any corporation organized under this Article shall be
at all times open to the inspection of any stockholder.
Sec. 1931. No person other than a stockholder shall be Directors.
elected a director of any corporation organized hereunder.
Sec. 1932. Neither stocks nor bonds shall be issued by any Fictitious
11 s t o c k or in-
corporation, except for money paid, property delivered or labor debtedness pro-
done; and all fictitious increase of stock or indebtedness shall
be void.
CR'IL CODE
See. 1933. Any corporation organized under the provisions
ac^f^iil *° ^''^' °-^ ^^^^ Article, engaged in the transportation of freight or pas-
sengers, by means of steamboat or otherwise, upon any of the
navigable waters of this State, shall have the authority to
exact reasonable tolls or fees for the use of wharves or land-
ings located upon lands that are the property of the corpora-
tion, or that are under lease or control of such corporation,
paf/into sta^l ^^^- ^^^^- ^^^ ^^^^ Collected by the Secretary of State in
Treasury. accordaucc with the provisions of this Article shall be paid
into the State Treasurv.
CHAPTER XLIX.
Municipal Corporations.
Article i. Towns of Less than One Thousand Inhabitants.
Article 2. Towns of Less than Five Thousand and More
Than One Thousand Inhabitants.
Article 3. Towns of ]\Iore than Five Thousand Inhabitants.
Article 4. Provisions Common to Towns and Cities of More
Than One Thousand Inhabitants.
Article 5. Special Provisions as to Cities of ]\Iore Than Ten
Thousand Inhabitants.
Article 6. General Provisions as to Towns and Cities.
ARTICLE I
Towns of Less Than One Tho
Sec.
Sec.
1935.
How towns of less than 1,000
inhabitants may be incor-
194S.
porated.
1949.
1936.
Officers, election of and terms.
1937.
Qualifications of voters.
1950.
1938.
Oath of Intendant and War-
dens.
1951.
1939.
Officers to hold over until suc-
cessors are elected.
1952.
1940.
"Vacancies in office, how filled.
1953.
1941.
When Governor may order
1954.
municipal election.
1955.
1942.
Powers of Intendant and Town
Council.
1956.
1943.
Abatement of nuisances.
1944.
Powers over streets.
1945.
Street tax.
1957.
1946.
Power to hold property.
1947.
Power to impose taxes.
Power to regulate auction
sales.
Power to require maintenance
of sidewalks.
Power to arrest and commit
to guard house.
Power to punish disorderly
conduct, &c.
To iieep record of proceedings.
Charter fee.
Term of charter.
How towns may be incor-
porated under this article.
Powers enumerated in this ar-
ticle conferred on certain
towns.
Power of towns of over 500
inhabitants to equip and
control fire departments.
OF SOUTH CAROLINA.
Section 1935. The citizens of any proposed town of not less
than one hundred nor more than one thousand inhabitants in j^g'^h a^"i!ooo
this State, desiring to be incorporated, shall file their petitions \^^^ \^ \n^f.
for that purpose, setting out the corporate limits proposed for Pirated.
the town and the number of inhabitants therein, and signed -ref^isd^^jl'.',
by ten freehold electors thereof, who are qualified electors in'^^^-
the precinct in which the proposed town is located, with the
Secretary of State. The Secretary of State shall then issue
to three or more persons of said town a commission authorizing
them to provide for the registration of all electors within the
proposed corporate limits of said town, and to appoint three
managers of the election ; and at such election the said regis-
tered electors shall vote on the following questions: ist, cor-
poration ; 2d, name of town ; 3d, selection of Intendant and
four Wardens. The managers shall certify the result of such
election under oath to the Secretary of State, and if in favor
of corporation, the Secretary of State shall issue to the In-
tendant and Wardens elect a certificate of incorporation of said
town, with the privilege, powers and immunities and subject
to the limitations provided in this Article : Provided, That the
corporate limits of towns of less than 1,000 inhabitants, in-
corporated under the provisions of this Article, shall not extend
further than one mile from the centre thereof.
Sec. 1936. The officers of such town shall be an Intendant tion, '^teriif ^o^f
and four Wardens, who shall be citizens of the United States, ^^' t
and shall have been residents of said town for four months
immediately preceding said election. Said officers shall be
elected annually, and at such place in each town as the Inten-
dant and Wardens shall designate; ten days' public notice
being previously given. They shall hold their offices for a
term of one year, and until their successors shall have been
elected and qualified.
Sec. 1937. All male inhabitants within the limits of said at munfcip°a1
town who are qualified to vote under the laws and Constitution l!^!!^!!i
of this State at municipal elections, and have been duly regis- ^^'
tered, shall be entitled to vote and to be elected as Intendant
and Wardens, and the election shall be held from 8 o'clock in
the morning until 4 o'clock m the afternoon, when the polls
shall be closed, and the managers shall count the votes and
proclaim the election and give notice thereof to the persons
elected.
Sec. 1938. The Intendant and Wardens, before entering
CIVIL CODE
upon the duties of their offices, shall take the oath prescribed
teiStS °1 n'd ^y ^^s Constitution of the State, and also the following oath,
^^'''^^"^- to wit : "As Intendant (or Warden) of the town of ,
■^^- I will equally and impartially, to the best of my skill and ability,
exercise the trust reposed in me, and will use my best endeavors
to preserve the peace and carry into effect, according to law,
the purposes of my election : So help me God."
hoid*OTlr"untu ^^^' 1939. In the event of any election as herein provided
eiiecfed!"^^ ^^^ goi^g by default from failure to give the notice required, the
j^ Intendant and Wardens in office shall continue so to act until
due notice can be given and an election held as provided by this
Article; and all their actions and ordinances as such officers
are hereby confirmed until their successors are duly elected.
hX^fiiied""^^' ^^^' 1940. In case a vacancy shall occur in the office of In-
1896 XXII. tendant or any of the Wardens by death, resignation, removal
'^'^- from the State, or for any other cause, an election shall be
held to fill such vacancy, and the Intendant and Warden (or
Wardens, as the case may be,) shall give ten days' previous
public notice of such election : Provided, however, That should
the vacancy occur within sixty days of the annual election, then
the Town Council may, in its discretion, refuse to order an elec-
tion to fill the vacancy. In case of sickness or temporary ab-
sence of the Intendant, the Wardens shall form a Council,
which is empowered to elect one of their number to act as
Intendant during such sickness or absence.
When the ggc. 1941. Whenever it shall happen that a sufficient number
Governor rnay t-f
of*^^officerr^of °^ ^^^ Board of Intendant and Wardens to constitute a quorum
^°^"- shall be prevented from discharging their duties and functions
385^°°' ■^^•^^^■' by reason of death, resignation or other disability, the Gover-
nor of the State is authorized and directed to order an election
for Intendant and Wardens of said town, and to appoint all
officers necessary for the holding and declaring of said elec-
tion, who shall proceed to discharge their respective duties in
the same manner and with the same effect as though they had
been appointed by the municipal authorities provided for in this
Article,
haie" Jowerto ^cc. 1942. The Intendants duly elected and qualified shall,
ance^'of " w"!!- during their terms of office, have the same power which a
"^^^^^- Magistrate now has to compel the attendance of witnesses and
77^^^i897^'^/&!' require them to give evidence upon the trial before them of
^^- any person for the violation of the laws or the ordinances of
the town.
OF SOUTH CAROLINA.
The Intendant shall, as often as the occasion may require,
summons the Wardens to meet him in Council, a majority of To summon
11,, . - 1 . - 1 . the Wardens to
whom shall constitute a quorum for the transaction of business, meet in Coun-
cil.
and shall be known by the name of the Town Council of the
said town; and they and their successors in office shall have a
common seal, and shall have power to appoint from time to
time such and so many proper persons to act as Marshals or
Constables as they shall deem expedient or proper, which of-
ficers shall have all the powers, privileges and be subject to all
the duties, penalties and regulations provided by the laws of
the State for the office of Constable, and such compensation as
the Town Council may prescribe; and the said Town Council
shall have the power and authority under their corporate seal Town Council,
to ordain and establish all such rules and by-laws and ordi-
nances respecting the streets, ways, public wells and springs
or fountains of water, market and police of said town, and for
preserving health, peace, order and good government within
the same, as they may deem expedient and proper, not repug-
nant to the laws of this State; and all such by-laws and ordi-
nances shall at all times be subject to revision and repeal by
the General Assembly of the State : Provided, That no monop-
oly be granted to such incorporated towns in the sale of meats
or breadstuff s.
And the said Intendant or Council may impose fines for ^^^^ay^^impose
offenses against such by-laws and ordinances and appropriate
the same to the use of the corporation, but no fines shall exceed
one hundred dollars ; and said Intendants or Town Council
shall have power to issue execution to the Sheriff of the
County for the collection of all fines imposed by it.
As to judicial powers. See also Sec. 2003 to 2005.
Sec. 1943. Said Town Council shall have power to abate and Power to
'^ abate nuis-
remove nuisances within the limits of said town, and classify ^"ges, &c.
and arrange the inhabitants liable to police duty, and require i^^^- xxii.,
them to perform such duty as occasion may require and to
enforce performance thereof under the same penalties as are
now or may hereafter be established by law. The said Town
Council shall have power to compound with persons liable to
perform such duty upon such terms as they shall by ordinance
establish.
Sec. 1944. It shall be the duty of the Town Council to keep jurisdiction
over streets.
all streets and ways which may be necessary for public use
within the limits of said town open and in good repair, and for
CIVIL CODE
that purpose they are hereby invested with the powers, rights
and privileges granted by law to the County Board of Com-
missioners within the limits of said town, and for neglect of
duty they shall be liable to the pains and penalties imposed by
law upon Commissioners of Roads for like neglect; and said
Intendant and Wardens shall be exempt from the perform-
ance of road and police duty within the limits of said cor-
poration.
As to liability for damages from defects in streets, &c. See Sec. 2023.
^^^^^' ^^^- Sec. 1945. The said Town Council shall have power to com-
^^- pound with the persons liable to work on said streets and ways,
and to release such persons as may desire it upon the payment
of such sums of money as they may by ordinance fix as a fair
equivalent therefor, to be applied by them to the use of said
corporation,
pro^rty. °^" S^c. 1946. The said Town Council may own and hold real
J^ and personal property not exceeding twenty thousand dollars
in value.
^^^May impose ^^^ ^Q^r^ -pj^^ g^-^ j^^^ Couucil shall also have power by
J^ ordinance to impose an annual tax on all real and personal
property within the corporate limits of said town, but such
tax must not exceed fifty cents on the one hundred dollars;
and it shall also have power by ordinance to levy an annual
tax upon any business or occupation conducted within the cor-
porate limits, but such taxation must be uniform with respect
to all of the classes taxed. The taxes so levied shall constitute
a lien upon the property upon which it is levied paramount to
all other liens, except the lien for State and County taxes.
For the purpose of collecting the same, said Town Council
shall be, and is hereby, empowered to issue executions against
all property on which the taxes have not been paid, and place
the execution in the hands of some officer for collection, who
shall have all the rights as now conferred upon Sheriffs for
the enforcement of tax executions.
au^ronSs.*""^ Sec. 1948. The said Town Council shall have power to regu-
late sales at auction within the limits of said town, and to grant
licenses to auctioneers : Provided, That nothing herein shall
extend to sales by or for the Sheriff, Clerk of Court, Judge
of Probate, Coroners, executors and administrators, assignees,
or by any other person under the order of any Court, Magis-
trate or other inferior Court, or by the owner or owners of
the property sold.
OF SOUTH CAROLINA.
Sec. 1949. The Town Council of said town shall have the
power and authority by ordinance to require all persons owning sj^g^^u^g
a lot or lots in said town to keep m repair the sidewalks ad- j^
jacent to their lots, respectively, and for default in this matter
shall have power and authority to impose a fine not exceeding
fifteen dollars.
Sec. 1950. The said Intendants or Town Council shall have J°w" Council
has power to
power to arrest and, upon conviction, to commit to the town ^^^^^j'^^j^^'^ °^
guard house, for a space of time not exceeding thirty days, '^u^rThouse'^'^^
and to fine not exceeding one hundred dollars, any person or ^gg^ ^^^^^
persons who may be guilty of disorderly conduct in said town^oi. ib.
to the annoyance of the citizens thereof; and it shall be the
duty of the Marshal of the town to make such arrest, and to call
to his assistance the posse comitatus, if necessary, and upon
failure to perform the said duty he shall be fined in a sum not
exceeding one hundred dollars for each and every offense.
Sec. 1951. The said Intendant and Wardens, in persons, orj^^P°^^^fg °^
any of them, may authorize and require any Marshal or Con- Constables.
stable especially appointed for that purpose to arrest, and upon ^^•
conviction before the Intendants or Town Council, to commit to
the guard house, which said Intendants or Town Council is
authorized to establish, or to the County jail or to the County
chain gang, for a term not exceeding thirty days, any person
or persons who, within the corporate limits of said town, may
be engaged in a breach of the peace, any riotous or disorderly
conduct, open obscenity, public drunkenness, or any conduct
grossly indecent or dangerous to the citizens of said town, or
any of them : Provided, That if the offender be committed to
jail it shall be done at the expense of the said town: Provided,
This Article shall not be construed to prevent trial by jury.
As to jurisdiction and procedure in courts of such municipalities, see Sees. 2003
to 2005.
Sec. 1952. Said Town Council shall keep a record of all its _^ff^^£fi^
official acts and ordinances. 78.'^^^^' ^^^^"
As to increase or decrease of territory see Sees. 1997 and 1998.
Sec. 1953. Before the issue of the commission herein pro- Charter fee.
vided for, by the Secretary of State, he shall require the cor- ^^■
porators to produce a receipt of the Treasurer of the State for
a fee of ten dollars, which receipt shall be filed with the appli-
cations in his office.
Sec. 1954. Such charter shall continue from its date for a Term of char-
ter.
period of thirty years. j^
Sec. 1955. Any town of less than one thousand inhabitants.
CIVIL CODE
ih.
already chartered, which is desirous of surrendering its charter
su?r°endlr dilr^ ^""^ accepting incorporation under this Article, or whose charter
corporfted'' un- is about to expire, may be incorporated under this Article,
der this Act. jj^g Towu Council of such town may submit the question to
a vote of the qualified electors at an election ordered on twenty
days' notice. If the election results in favor of surrendering
the old charter and accepting a charter under this Article,
the Town Council shall certify such results, accompanied by
the sworn return of the managers of said election, to the Sec-
retary of State, who shall thereupon issue to said Council a
certificate of incorporation of said town with the privileges,
powers and immunities and subject to the limitations prescribed
in this Article.
Every such certificate of incorporation shall continue from
its date for a period of thirty years.
efated^conf^- Scc. 1956. All municipal corporations of this State having a
to^'ns'^ hereto^ population of not Icss than two hundred, and not more than
ore create . ^^^ thousand inhabitants, are hereby endowed with the powers
54^ 1897^ xxii; enumerated in this Article. The powers hereby conferred are
in addition to those already enjoyed by said corporations under
their respective charters.
_ , Hill V. City Council of Abbeville, 59 S. C, 426; 38 S. E., 11.
Powers of >tij
tf*eq"uip*°rnd ^®^- ^^^'^ ' Hereafter, the Town Council of every town in
panmentJ.^ ^^' ^^^^ State between five hundred and one thousand inhabitants
1899 XXIII shall have the power and authority to equip and control a fire
^^- department for the protection of said town in such way as they
may deem necessary, and by ordinance to establish fire limits
and provide for building permits in said town, and to prescribe
and designate the kind and character of material to be used
in erecting and repairing buildings or structures within and
upon that portion of said town included within such fire limits.
All buildings or structures erected within such fire limits con-
trary to the ordinance of said town, and without such permits,
may be abated and removed by said Town Council as a public
nuisance.
For other powers conferred on such municipalities by the Act of 1896, XXII.,
67, see Art. 4 of this Chapter, Sections 1976 to 1991.
OF SOUTH CAROLINA.
ARTICLE II.
Towns of Less Than Five Thousand and More Than
One Thousand Inhabitants.
Sec.
1958. Proceedings to obtain charter.
1959. How to be governed, Mayor
and Aldermen.
1960. Elections, how conducted, &c.
1961. Charter fee.
Sec.
1962. Clerk and Treasurer, election,
&c.
1963. How towns may obtain char-
ters under this article.
1964. Powers conferred on certain
municipalities.
747
a. D. 1902.
Section 1958. The citizens of any proposed town of this State incorporation.'^
of not less than one thousand nor more than five thousand ^ggg xxiiT
inhabitants, desiring to be incorporated, shall present to the^'^-
Secretary of State a petition for that purpose, setting forth the
proposed corporate limits and number of inhabitants therein,
signed by at least fifty freehold voters of such town. The
Secretary of State shall then issue a commission to not more
than ten Commissioners, citizens of said proposed town, em-
powering them to procure the proper registration of the electors
of the town within the proposed corporate limits, and to adver-
tise an election for twenty (20) days and to appoint Managers
to conduct the same, which election shall be conducted as all
other municipal elections, and at such election the electors shall
vote on the following questions: i. Corporation. 2. Name. ^^ Q^l^^^^i^^^^
3. Mayor and six Aldermen. The Managers of Elections shall ^° ^" election,
make a sworn return of the result of said election on said
questions to said Commissioners, who shall thereupon make a
return to the Secretary of State, attaching said Managers'
return. Thereupon the Secretary of State shall issue to the
Mayor and Aldermen elect a certificate of incorporation of said
town under this Article. Said town shall have all the powers, election,
privileges and immunities, and be subject to all the liabilities
and limitations prescribed in this Article.
Sec. 1959. Said town shall be governed by a Mayor and six Town- how
. . . . . . . governed.
Aldermen, or, in case of municipalities being divided into
Wards, one Warden from each Ward, who is a qualified elector
thereof, who shall be citizens of the United States, and who
shall be electors who actually reside in the corporate limits of
said town and have so resided at least six months immediately
preceding the day of election. The said Mayor and Aldermen
shall be, and be known as, the Town Council of said town, Town Council.
Secretary of
State to issue
c e rtificate of
lb.
748 CIVIL CODE
A. D. 1902.
^-^"V^ and shall be elected every two years, on such days and at such
place in said town as shall be designated by the Town Council
of said town, ten days' public notice thereof being previously
given. They shall hold their offices for the term of two years
and until successors shall have been elected and qualified.
MfyoSnd Ai- ^cc. 1960. In all cases of towns incorporated under this Ar-
f!!^!^^__ tide, three Managers of Election shall be appointed by the
^^- Town Council of such town at least ten days defore the day
fixed for the holding of an election for Mayor and Aldermen,
or either of them, and the names of such Managers shall be
published at the same time and in the same place as the notice
of such election hereinafter provided for.
eie^tio^ Ihan The Managers shall be sworn by the Mayor, or, in his ab-
be conducted, geuce, or in case of disability, by one of the Aldermen of said
town, or in case there is no Mayor or Aldermen, then by any
officer authorized to administer oaths, fairly and impartially to
conduct such election according to law, and make a true return
of the result thereof. Immediately upon the closing of the
polls, the Managers shall proceed to count publicly the votes
cast, and shall continue such count until the same is com-
pleted, and make a statement of the whole number of votes
cast in such election, together with the number cast for each
person voted for, for Mayor and Aldermen, upon the com-
pletion of which they shall transmit such statement to the
Town Council of such town, and in case there be no Town
Council they shall proclaim the election and transmit a copy
of such statement to the Clerk of the Court of the County
wherein such town is situated, and notify the parties elected
of their election ; and the said Mayor or Clerk of Court shall,
immediately upon the receipt of such statement or report of
the Managers, open and publish the same by announcing the
whole number of votes cast for each person voted for as Mayor
or Alderman. The person securing the highest number of
votes for Mayor shall be declared duly elected to that office,
and the person receiving the highest number of votes for Alder-
men, in number equal to the number of Aldermen to be chosen,
shall be declared duly elected to that office. Such Mayor and
Aldermen, before entering upon the duties of their respective
Oath of office, officcs, shall take the oath prescribed by the Constitution and
also the following oath, to wit: "As Mayor (or Alderman) of
the town of , I will equally, fairly and impartially, to
the best of my ability and skill, exercise the trust reposed in
i
OF SOUTH CAROLINA. 749
A. D. 1902.
me, and will use my best endeavors to preserve the peace and "^-•-v^*-^
carry into effect according to law the purposes for which I
have been elected : so help me God."
Sec. 1961. Before any commission authorized in this Article charter fee.
is delivered by the Secretary of State, he shall require the pro- ib.
duction of a receipt from the State Treasurer for twenty dol-
lars as charter fee, which receipt shall be filed with the papers
in office.
Sec. 1962. Said Town Council shall have the power to elect c 1 e r k and
Treasurer.
a Clerk and Treasurer, who shall execute such bond for the
. . Ib.
faithful performance of his duties as fixed by said Town Coun-
cil. Said Town Council shall fix the compensation of such
Clerk and Treasurer before each election.
Sec. 1963. Any town of more than one thousand and less How towns
•^ _ may procure
than five thousand inhabitants already chartered which is de- charter under
-^ this Act.
sirous of surrendering its charter and accepting incorporation-
under this Article, or whose charter is about to expire, may^ 5; '1 901,
be incorporated under this Article. The Town Council of
such town may submit the question to a vote of the qualified
electors at an election ordered on twenty days' notice. If the
election results in favor of surrendering the old charter and
accepting a charter under this Article, the Town Council
shall certify such results, accompanied by the sworn return of
the managers of said election, to the Secretary of State, who
shall thereupon issue to said Council a certificate of incorpora-
tion of said town, with the privileges, powers and immunities
and subject to the limitations prescribed in this Article: Pro-
vided, That for the purpose of holding the first election of of-
ficers under the new charter given under this Section, the Town
Council, under the old charter, shall have full power and au-
thority to appoint the Managers of Election, and to certify the
result to the officers so elected and to supervise said election
in the same manner as the election for Intendant and Wardens
under the charter surrendered was conducted.
Every certificate of incorporation shall continue of force from Term of in-
-^ _ _ -^ corporation.
its date for a period of thirty years.
Hill V. City Council of Abbeville, 59 S. C, 426; 38 S. E., 11.
Sec. 1964. All municipal corporations of this State having a , Powers con-
r^ ir & ferred on cer-
population of not less than one thousand and not more than 'am municipai-
^ ^ _ _ ities.
ten thousand inhabitants are herebv endowed with the powers .,„„„ wtt
1897, A. A 11.,
conferred on municipal corporations in this Article, and in ^^^jj'j ^Ig^ ^ »
Article IV. The powers hereby conferred are in addition to
CIVIL CODE
those already enjoyed by said corporations under their respec-
tive charters.
Hill V. City Council of Abbeville, 59 S. C, 426; 38 S. E. 11.
ARTICLE III.
Towns of More Than Five Thousand Inhabitants.
Sec.
1965. Proceedings to obtain charter.
1966. Conduct of elections.
1967. Streets, how opened.
1968. Liable for damages from torts
of officers.
1969. Charter fees.
1970. City officers.
1971. Trial by jury.
Sec.
1972. Charters ; how obtained by
cities under this Act.
1973. Term of charter.
1974. Road duty and commutation
tax.
1975. Provisions of Act not affect
rights and liabilities under
charters heretofore granted.
Incorporation Section 1965. Whenever one hundred citizens of any pro-
o f cities of . . . . ^ .. , .,,.
more than 5,000 poscd City 01 this btatc, Containing- more than s.ooo inhabitants,
inhabitants. , „ , . , , ., . , 1, , • •, 1
shall desire that the said city shall become incorporated, they
1901, XXIIL, -^ . . ^ ,
648. may present to the Secretary of State a petition for that purpose,
Petition. Setting forth the name of the proposed city, the proposed cor-
porate limits and the number of inhabitants thereof, signed by
at least one hundred freehold voters of said proposed city, the
Commission- Secretary of State shall then issue a commission to not more
ers to be ap- ,,_ .. .. ..,
pointed. than ten, or less than five, commissioners, citizens of said pro-
posed city, empowering them to proceed to the proper registra-
tion of the electors within the proposed corporate limits of the
proposed city, and to advertise an election for twenty (20)
consecutive days in the newspapers published within the pro-
posed corporate limits of the proposed city, and if there be no
newspapers published therein, then to advertise by posting a
notice of such election, for twenty consecutive days, in not less
than three public places within such proposed corporate limits,
and to appoint Managers to conduct the same, which election
shall be conducted as all other municipal elections, and at
which the electors shall vote on the following questions: i.
Corporation. 2. Name. 3. Mayor and Aldermen, voting for
one Alderman from each Ward, and if said proposed city be
not divided into Wards, then for six Aldermen from the pro-
posed city at large. The Managers of such election shall make
their sworn returns of the result of said election to the said
Commissioners, who shall certify the same to the Secretary of
State, which return shall show the number of those voting in
OF SOUTH CAROLINA. 751
' ~ ^ A. D. 1902.
said election, together with the number of those voting on '^— v —^
each of said questions. If a majority of those voting in such
election shall vote in favor of such proposed territory being
incorporated, then the Secretary of State shall issue a certificate
of incorporation of said proposed city, under this Article, which
certificate shall state the name of the proposed city, and those
receiving the highest number of votes for Mayor and Alder-
men, respectively, in the election hereinbefore provided for
shall be the Mayor and Aldermen of said city until their suc-
cessors shall have been elected as hereinafter provided for.
Said city shall be governed by a Mayor and Aldermen, or, in
case of municipalities being divided into Wards, one Alderman
from each Ward, who shall be and be known as the City
Council of said city. Said Mayor and Aldermen shall be quali-^j^J'^^^^^ "^ ^
fied electors of this State and of the County in which said city Yh
is situated, and they shall have resided in the corporate limits
of said city at least six months immediately preceding the day
of election. If a city be divided into Wards, the Alderman
from each Ward shall be a qualified elector thereof, and shall
be elected by the qualified electors thereof. The said Mayor
and Aldermen shall be elected every two years, on such days
and at such places in said city as shall be designated by the
City Council of said city, ten days public notice thereof being
previously given. They shall hold th'eir offices for a term of
two years and until their successors shall have been elected
and qualified.
Sec. 1966. In all cases of cities incorporated under this Ar- ei^tijjn^^*^^ °^
tide, the Managers of Elections shall be appointed by the .^gg^ xxiii
City Council of such city for each polling precinct at least ^°^-
ten days before the day fixed for the holding of any election
for Mayor and Alderman, or either of them. The names of
such Managers shall be published at the same time and in the
same place as the notice of elections hereinafter provided for.
In all elections provided for in this Article the Managers ^jg^^-'^j^g^'^* °*
shall be sworn by the Mayor, or, in his absence or in case of ^h
disability, by one of the Aldermen of said city, or by any officer
authorized to administer oaths, fairly and impartially to con-
duct such elections according to law, and make a true return
of the result thereof. Immediately upon the closing of the
polls, the Managers shall proceed to count publicly the votes
cast, and shall continue such count until the same is com-
pleted, and make a statement of the whole number of votes
CIVIL CODE
cast in such election, together with the number of votes cast
for each person voted for Mayor and Alderman, upon the com-
pletion of which they shall transmit such statement to the
City Council of such city, who notify the parties elected of
their election; and the said City Council shall immediately,
upon receipt of such statement or report of the Managers,
open and publish the same by announcing the whole number
of votes cast for each person voted for as Mayor or Alderman.
The person securing the highest number of votes for Mayor
shall be declared duly elected to that office, and the person re-
ceiving the highest number of votes for Alderman, in number
equal to the number of Aldermen to be chosen, shall be declared
duly elected to that office. Such Mayor and Aldermen, before
entering upon the duties of their respective offices, shall take
the oath prescribed by the Constitution, and also the following
oath, to wit : As Mayor (or Alderman) of the City of ,
I will equally, fairly and impartially, to the best of my ability
and skill, exercise the trust reposed in me, and will use my
best endeavors to preserve the peace and carry into effect ac-
cording to law the purposes for which I have been elected : so
help me God.
opened/' °^ Scc. 1967. The said City Council shall have, and is hereby
lb., 654. given, the further authority to lay out and open new streets
in said city, and to^ close up, widen, or to otherwise alter those
now in use, or those which may hereafter be established, when-
ever, in their judgment, the same may be necessary for the
improvement or convenience of said city : Provided, That they
shall first pay damages, should any be claimed, to the land
owner or owners through whose premises such street or streets
may run, said damages to be fixed and determined by five free-
holders of said city, two of whom shall be chosen by the said
City Council, two by the said land owner or owners, and the
fifth by the persons so chosen, and who, before assessing said
damages, shall be sworn to do impartial justice between the
said city and said land owner or owners, taking into considera-
tion the damages that may accrue to him or them thereby ; And
provided, further. That should such land owner or owners re-
fuse or neglect, after ten days' notice from said City Council,
to nominate, in writing, two freeholders for the purpose above
indicated, then the City Council may appoint the same, who
shall proceed as if appointed by said land owner or owners.
Either of the parties shall have the right to appeal from the
OF SOUTH CAROLINA.
award of the said Commissioners to the Court of Common
Pleas, and on such appeal to have the questions at issue tried
de novo before a jury in said Court: Provided, further, That
said appeal shall not operate to delay the opening, widening or
altering of any said street, but the City Council may take
possession of said lands, and proceed upon the said work, on
depositing with the Clerk of Court of Common Pleas the
amount fixed by said Commissioners.
Liability in damages to abutting owner for altering grade of sidewalk. — Bram-
lett V. City of Laurens, 58 S. C, 60; 36 S. E., 445; Wilkins v. Gafifney City, 54
S. C, 199; 32 S. E., 299; Paris Mountain Water Company v. Greenville, 53 S. C,
82; 30 S. E., 699. The method appointed in the Statute for ascertaining dam-
ages is exclusive. Garraux v. Greenville, 53 S. C, 575; 31 S. E., 597.
See. 1968. The said city shall be liable for all damages done a am a ges for
to the property of any citizen thereof, or property holder oY°o'fficers. ^^^^
therein, by any of the officers, agents or servants under and 7^,., 657.
by virtue of any authority or orders of said City Council.
In the absence of such Statute a municipal corporation is not liable for a tort
sustained by the act of its officers. — Parks v. City Council of Greenville, 44 S. C,
168; 21 S. E., 540; Young v. Charleston, 20 S. C, 118; Gibbes v. Beaufort, 20
S. C, 218.
Sec. 1969. Before any commission authorized in this Article
is delivered by the Secretary of State, he shall require the pro-
duction of a receipt from the State Treasurer for twenty dol-
lars as charter fee, which receipt shall be filed with the papers
in office.
Sec. 1970. The said City Council shall have the power to '*^ °
elect a Clerk, Treasurer, Auditor, City Attorney, who shall not
be an officer of the corporation, Building Inspector, Sewerage
and Plumbing Inspector, and any and all other officers that the
said City Council may from time to time find it necessary or
proper to have in the administration of the affairs of the said
city ; and the said City Council shall fix the powers, duties and
compensation of such officers as may seem to them to be best.
Any of the said officers who may be so required by the City
Council shall give bond to such sum as may be fixed by said
City Council for the faithful performance of their duties.
Sec. 1971. Any person entitled to a trial by jury may demand Trial by jury.
a jury, and such jury, when demanded, shall be drawn from 7^!
the qualified electors of the city in the same manner as is pre-
scribed for drawing of juries in Magistrates' Court.
See. 1972. Any city of more than 5,000 inhabitants, already der ""tris^Aiti
chartered, whether by special Act or under a general law, which ^qw obtained,
is desirous of surrendering its charter and accepting incorpora- ^^'
tion under this Article, or whose charter is about to expire, may
48.— C
CIVIL CODE
become incorporated under this Article in the following man-
ner, to wit: Upon the application to it of one hundred free-
holders of said city, the City Council shall, at a special meeting
called for that purpose, of which meeting ten days' public notice
shall be given, consider the question of surrendering its charter
and becoming incorporated under this Article; and in case a
majority of the said Council shall decide upon such surrender
and incorporation, they shall order an election upon such ques-
tions in the manner hereinbefore provided, and if a majority
of the qualified electors vote in favor of such surrender and in-
corporation, they shall certify the result to the Secretary of
State, who shall thereupon issue to said Council the certificate
of the incorporation of said city with the privileges, powers
and immunities, and subject to the limitations herein pre-
scribed : Provided, That in a city of over twenty-five thousand
inhabitants such election shall not be ordered except upon the
written application of one thousand freeholders and after a
decision in favor thereof by three-fourths of said Council, and
two-thirds of the qualified voters must vote in favor of such
surrender and incorporation before any certificate of incorpora-
tion under this Article shall be issued.
^ Term of char- g^^^ 1973. Evcry Certificate of incorporation shall continue
7fc! ' of force from its date for a period of thirty years.
Road duty Scc. 1974. The said City Council are hereby authorized and
c" m^mutation empowered to require all male inhabitants of said city between
^^ ,the ages of eighteen and fifty years (active firemen and per-
ib., 659. g^j^g exempt by law from road duty excepted) to work upon
the roads, streets and ways of said city not exceeding four
days in each and every year, or in lieu of such work the City
Council may compound with persons so liable to work in any
amount not exceeding three dollars per annum, to be applied
to the use of said city; and any person failing or refusing to
perform such work or to compound as above provided, upon
conviction thereof before the Mayor or Acting Mayor (who
may bring any such person before him by warrant) be fined not
exceeding ten dollars or be imprisoned in the County jail for a
period not exceeding thirty days.
Sec. 1975. The provisions of this Article shall not affect the
rights and liberties acquired by any city under a charter here-
tofore granted and obtained.
OF SOUTH CAROLINA.
ARTICLE IV.
Provisions Common to Towns and Cities Containing Over
One Thousand Inhabitants.
Municipal tax may be levied.
Streets, ways and bridges.
Fire department.
Policemen.
Guard house, arrests, &c.
Nuisances may be abated, &c.
Power to borrow money, &c.
Reports by council.
Negligence of officers.
3ec.
Sec.
1976.
Municipal elections, when and
1984.
where held.
1985.
1977.
Qualified voters at.
1986.
1978.
Vacancies in offices, how filled.
1987.
1979.
Mayor pro tem. ; judicial pow-
1988.
ers, &c.
1989.
1980.
Council meetings.
1981.
Corporate powers.
1990.
1982.
Police powers.
1991.
1983.
Licenses.
lb.
Vacancies in
offices.
lb.
Section 1976. All elections shall be held in some' convenient Muni cipai
elections.
public places m said city or town; the polls shall be open from ,,,,,,,
f ^ ^ , 1 1 . 1 r 1901, XXIII.,
eight o'clock in the forenoon to four o clock m the afternoon, 6 4 9; 1 8 9 e,
and shall be conducted by Managers who shall be appointed
as hereinafter provided for.
Sec. 1977. All male inhabitants residing within the corporate Voters.
limits of the said city or town, and qualified to vote according
to the provisions of the Constitution of this State, who have
been duly registered, shall be entitled to vote at the election
provided for in this Article.
Sec. 1978. In case a vacancy occurs in the office of Mayor
or Alderman, by death, resignation or otherwise, all elections to
fill such vacancies shall be held in the same manner and after
the same notice as hereinbefore provided in Articles 2 and 3,
respectively. Should the vacancy occur within sixty days of
the regular election it shall be left to the discretion of the
Council whether or not they shall order an election to fill the
vacancy. In case of a contest or protest as to any municipal
or special election held under Articles 2 and 3 of this Chapter,
shall be determined in the manner now provided by the law of
this State.
Sec. 1979. The City or Town Council of such city or town^^^ayor
shall have power to elect one oi its Aldermen Mayor pro tem-
pore, who shall be vested with all powers, duties, responsibili-
ties attached to the office of Mayor during the temporary ab-
sence or disability of the Mayor, or when the office of Mayor
shall be and become vacated by reason of death, resignation,
removal or permanent disability of the Mayor until a new
Mayor shall have been elected and qualified. The said Mayor
shall have the power and authority to speedily try all offenders
pro
CIVIL CODE
against the ordinances of said city in a summary manner with-
out a jury, unless demanded by the accused, unless such person
enter into good and sufficient recognizance, to be approved by
said Mayor, or in the case provided, the Mayor pro tempore,
to appear for trial within four days after such arrest, or at
such other time as may be agreed upon, in which event the
trial shall be deferred until that time.
Council meet- ^qq 1980. The Mayor shall have authoritv to summon the
mgs. -'
~ Aldermen to meet in council for the transaction of business per-
taining to the corporation whenever, in his judgment, it may
be necessary.
Corporate gg(,_ 1981. The Corporate name of every city or town incor-
Ih.
ers
7b.
■porated under this Article shall be "the city (or town) of
,** and by such corporate name said city or town may
sue and be sued, plead and be impleaded in any Court of law
or equity in this State, and may purchase, hold, enjoy and
possess, for the use of said city or town in perpetuity, or for the
term of years any estate, either real or personal, or mixed, and
sell, alien and convey the same at will. The said city or town
shall have and keep a common seal, which shall be affixed to all
ordinances passed by the Mayor and the Aldermen thereof.
Police pow- ggg_ igg2^ ^^^ ^j^,g g^j^j Q^y q^ Town Council shall have
full power to make, ordain and establish all such rules, by-
laws, regulations and ordinances respecting its roads, streets,
markets, police, health and order of said city or town as shall
appear to them necessary and proper for the security, welfare
and convenience of the said city or town, or for preserving the
health, peace, order and good government within the same:
Provided, That no monopoly shall be granted in such incor-
porated cities or towns for the sale of breadstuffs or meats.
And the City or Town Council may fix by ordinance and im-
pose fines and penalties for the violation of the said rules, by-
laws, regulations and ordinances not to exceed the sum of one
hundred dollars,, or imprisonment for not more than thirty
days, and shall appropriate all revenues arising therefrom to
the use of the said corporation: Provided, Such ordinances,
rules and by-laws or regulations be not contrary to the laws of
tiie State. Every person sentenced to imprisonment, either
directly or in consequence of a failure to pay a fine imposed,
shall be subject to work upon the public roads of said city or
town, or of the County in which such city or town is situate,
during the term of such imprisonment.
OF SOUTH CAROLINA.
Sec. 1983. Said City or Town Council may, and they are
hereby authorized annually to require by ordinance the payment Licenses.
of such reasonable sums of money as a license by any person ^^•
or persons, corporation or corporations, engaged or intending
to engage in any calling, business, occupation or profession, in
whole or in part, within the limits of said cities or towns, ex-
cept those engaged in the calling or profession of teachers or
ministers of the Gospel : Provided, That said license shall be
graduated according to the gross income of the persons, firms
or corporations required to pay such license, or upon the
amount of capital invested in said business. They shall have
power to collect license or taxes from all persons representing
publicly within the limits of said city or town, for gain or
reward, any plays or shows of whatever nature or kind soever ;
and said City or Town Council are hereby authorized and em-
powered to give full force and effect to this Section and to
punish delinquents thereunder.
I Hill V. City Council of Abbeville, 59 S. C, 426; 38 S. E., 11; F. C. & P. Ry.
Co. V. Columbia, 54 S. C, 266; 22 S. E., 408.
Sec. 1984. Said Council shall have power to impose by ordi- ^3^1"^"/ *^'p^^
nance, published at least twenty days, an annual tax, not ex-
ceeding one and one-fourth per cent, in cities containing over
five thousand inhabitants, and not over one per cent, in towns
containing between one thousand and five thousand inhabitants,
of the assessed value thereof on all real estate lying within the
corporate limits of said city or town, and all personal property
within the same, including bonds and stocks of banks and
insurance companies and other corporations, the real estate of
churches and school associations from which such churches
and school associations draw a revenue, or which are intended
to be rented out for such purpose, except such as is exempt
from taxation under the Constitution and laws of this State.
Such tax shall be levied by the town authorities on the prop-
erty within the corporate limits as assessed for taxation for
County and State purposes. The taxes so levied shall con-
stitute a lien upon the property upon which it is levied until
paid, paramount to all other liens, except the lien for County
and State taxes and for the purpose of collecting the same.
The said City or Town Council shall have the power to en-
force the payment of all taxes levied under authority of this
Article against the property of defaulters, to the same extent
and in the same manner as is provided by law for the collection
CIVIL CODE
of State and County taxes, except that executions to enforce
the payment of the taxes due the said city or town shall be
issued under the seal of the corporation by the clerk thereof,
and directed to the Chief of Police, or any other officer desig-
nated by the City or Town Council for that purpose.
May compel payment in certain medium. — Trenholm v. Charleston, 3 S. C, 347;
power to tax rests on legislative grants. — State v. Mayesville, 12 S. C, 76. Lien
for taxes. — Ketchin v. McCarley, 26 S. C, i; 11 S. E., 1049; Vesta Mills v.
Charleston, 60 S. C, i; 38 S. E., 226.
^Jtreets, ways gee, 1985. The said City or Town Council shall have power,
and it shall be their duty, to keep in good repair all the streets,
ways and bridges within the limits of said city, and for such
purpose they are invested with all the powers, rights and privi-
leges within the limits of said city that are now given, or that
may hereafter be given, to the County Board of Commissioners
of the several Counties of this State as to the public roads.
And in the towns of less than 5,000 inhabitants incorporated
under the provisions of Article 2 of this Chapter, the said Town
Council shall likewise have power, and such power is hereby ex-
pressly, delegated to it, in its discretion, to authorize the erection
of poles, posts, and any other obstructions which, without legis-
lative sanction, either mediately or immediately given, would
constitute nuisances in, upon, or under the highways, streets
and roads of said town.
ment.'^* ^^P^""*' Scc. 1986. The said Council shall have power and authority
to equip and control a fire department for the protection of said
city in such way as they may deem necessary and by ordinance
to establish fire limits in said city, and to prescribe and desig-
nate the kind and character of material to be used in erecting
and repairing buildings or structures within and upon that
portion of said city included within such fire limits, all buildings
or structures erected within such fire limit contrary to the ordi-
nance of said city may be abated and removed by said City
Council as a public nuisance.
Policemen. Sec. 1987. The said Council shall have authority to appoint
or elect as many policemen, regular or special, as may be
necessary for the proper government of said city, to fix their
salaries and prescribe their duties. They shall be sworn in and
vested with all the powers now conferred by law upon Con-
stables, in addition to the special duties imposed upon them by
Council : Provided, Such powers shall not be exercised beyond
the limits of said city or town : Provided, That in cities where
Boards of Police Commissioners have been established by law,
OF SOUTH CAROLINA.
the election or appointment of the police officers and men of
such cities shall be governed by the provisions of law pertain-
ing to said Board of Police Commissioners for such city.
Sec. 1988. The said Council shall have authority to establish
a guard house or houses and prescribe suitable rules and regu-
lations for the government of the same. They may by ordi-
nance, or the Mayor and Aldermen, or any one of them, in
person, may authorize any policeman of said city to arrest and
commit to said guard house, for a period not exceeding twenty-
four hours before trial, unless such arrest be made on Satur-
day, in which case it shall not exceed forty-eight hours before
trial, any person or persons who, in view of any officer within
the said corporate limits, shall be engaged in a breach of peace,
riotous or disorderly conduct, open obscenity, public drunken-
ness, or any conduct grossly indecent ; and it shall be the duty
of the policemen of said city to arrest and commit all such of-
fenders, when required by any ordinance or any member of said
Council so to do, and they shall have power to call to their as-
sistance the posse commitatus if necessary in making such ar-
rests ; and upon failure of such policeman to perform his duty,
he shall be liable to such fines and penalties as said Council
may fix by ordinance: Provided, That the imprisonment pro-
vided for in this Section shall not deprive the party so im-
prisoned of his right to trial as hereinbefore provided.
Sec. 1989. The said Council shall have full power to abate
all nuisances within the corporate limits of said city or town to
appoint a Board of Health for said city, and to pass all such
ordinances as may be necessary to define the duties of said
Board. Said Council shall have power to borrow money for
corporate purposes, and to issue from time to time, as occasion
may require, bonds of the corporation for the payment of the
principal for which said city shall be at all times liable: Pro-
vided, The property of the inhabitants of said city or town shall
be bound for the payment of any sum so borrowed, and the
interest thereon, in no other way than by the imposition of an
annual tax : Provided, further, That no such bonded debt shall
in any instance exceed the maximum limit prescribed in the
Constitution of this State, and that no bonded debt shall be
created or increased except upon the vote of the citizens of the
municipality as provided in the Constitution : Provided, further.
In cities of over five thousand inhabitants, that, in anticipation
of the collection of taxes in any fiscal year, said City Council
759
D. 1902.
Guard house.
Nuisances.
CIVIL CODE
Reports
Council.
of
N e g ligence
of officer.
lb.
may from time to time, as occasion may require, borrow money
for corporate purposes and pledge the taxes levied, or to be
levied, in said year for said purposes for the payment of the
money so borrowed and interest thereon.
Sec. 1990. The members of each Council shall, within thirty
days after the expiration of their term of office, and at the time
of the qualifying of the members of the new Council, make and
deliver to the members of such new Council a full and accurate
account of their receipts and expenditures during the term for
which they were elected. And they shall likewise publish at the
end of each year, after the beginning of their term of office, a
full statement of their receipts and expenditures during the
preceding year. At the expiration of the term of office of any
Council it shall be their duty to pay over to their successors any
money in their hands or under their control at the time of mak-
ing such returns, belonging to said corporation, and likewise
to deliver up promptly at the end of their term all books, records
or other property incident to their said offices, to their suc-
cessors ; and on failure so to do they shall be liable to the pun-
ishment prescribed by the following Section.
Sec. 1991. For any wilful violation or neglect of duty, mal-
practice, abuse or oppression, the Mayor or Aldermen so of-
fending shall be liable to punishment by a fine not exceeding
one hundred dollars or imprisonment not exceeding thirty
days, besides being liable for damages to any person injured by
such neglect, malpractice, abuse or oppression.
ARTICLE V.
Special Provisions as to Cities Containing More Than
Ten Thousand Inhabitants.
Sec.
1992. May acquire land for certain
purposes.
1993. Creation of debts beyond cur-
rent income.
Sec.
1994. Municipal elections in Charles-
ton.
1995. May require coal weighed on
public scales in cities over
10,000 inhabitants.
Certain mu- Scctioii 1992. The City or Town Council of any city or town
maV^aVuireof morc than 45, GOO inhabitants is vested with power to have,
for c°e r t^'in hold and posscss in fee simple, through purchase or otherwise,
purposes guch lands already acquired, or hereafter to be acquired, as it
shall deem proper, to be used as hospital or quarantine sites,
OF SOUTH CAROLINA. 761
' ■ A. D. 1902.
or as parks, or for other municipal purposes : Provided, That ^— -"v-"*^
such lands as are not or may not be acquired or held for the
purpose of establishing a system of water works, or in
connection therewith, shall be situated within a radius of
twelve miles from the site of the city or town hall in such city
or town.
Sec. 1993. It shall not be lawful for the City or Town Coun- ^ ^^^ "^^Wch
cil of any city or town of over 45,000 inhabitants to create any ^^'^j^j,;']^ *^'^y
debt beyond the municipal income of the current year, or to beyond^the mu-
endorse or guarantee the notes, bonds or obligations, or accept "["fife cSr?St
the drafts of any company, corporation, person or persons, for?[f^I:
any purpose whatsoever, unless the following terms and con-_^^®^^' x^m-'
ditions be first observed and complied with :
First. A resolution declaring the intention of the said City
or Town Council to create such indebtedness, or incur such
liability, and specifying the amount thereof, shall first be passed
at a regular meeting of the said City or Town Council by a vote
of two-thirds of the whole body.
Second. That the proposition, after being adopted in such
manner by the said City or Town Council, shall be submitted
to the qualified voters of the said city or town at an election to
be held under resolution of the said City or Town Council,
after ninety days' notice thereof ; and should two-thirds of the
number of qualified voters voting at the preceding municipal
election vote afiirmatively at the said election, the proposition
shall then be submitted to the General Assembly of the State
of South Carolina for approval ; and should the proposition be
approved by the said General Assembly, the said City or Town
Council shall have the authority to create the debt or incur the
liability : Provided, hozvever, That nothing in this Section con-
tained shall apply to any debt contracted, or to any note, bond,
draft or obligation executed, indorsed or guaranteed by the City
or Town Council of such city or town, and approved and con-
firmed by a two-thirds vote of the whole of the said City or
Town Council, at a regular meeting thereof, for the purpose of
the establishment of a sewerage system, or for the purpose of
securing a supply of water or light for its public use, by con-
tract, or for the purpose of a lease, purchase, construction or
operation by the said City or Town Council of any plant or
plants, for water works or lighting purposes, one or both ; and
for any of such purposes the City or Town Council of cities
or towns of over 45,000 inhabitants are expressly authorized
CIVIL CODE
and empowered to create debts and incur liabilities beyond
the municipal income of the current year, upon the same
being approved and confirmed by a two-thirds vote of the whole
of the said City or Town Council at a regular meeting thereof :
Provided, That no purchase or construction of said plant or
plants for water works or lighting purposes shall be made by
the said City or Town Council, except upon a majority vote
of the electors in such cities or towns, who are qualified to vote
on the- bonded indebtedness of the said cities or towns.
Boundaries Scc. 1994. The City of Charleston is hereby divided into
of Wards and -^ -'
pro visions as twclvc Wards, as follows : Ward number ( i ) one shall em-
to m u nicipal _ _ ^ ■'
el e c tions in bracc all that portion of said city lying South of Broad Street
city of Char- _ j j a
Weston. and East of King Street; ward number (2) two shall embrace
1901. XXIII, all that portion of the said city lying South of Broad Street and
West of King Street; Ward number (3) three shall embrace
all that portion of the city lying North of Broad Street, South
of Hasel Street, and East of King Street; Ward number (4)
four shall embrace all that portion of the said city lying north
of Broad Street, South of Wentworth and West of King
Street; Ward number (5) five shall embrace all that portion
of the said city lying North of Hasel Street, South of Calhoun
Street and East of King Street; Ward number (6) six shall
embrace all that portion of the said city lying North of Went-
worth street, South of Calhoun Street, and West of King
Street; Ward number (7) seven shall embrace all that portion
of the said city lying north of Calhoun Street, South of Mary
Street, and East of King Street; W^ard number (8) eight shall
embrace all that portion of the said city lying North of Calhoun
Street, South of Radcliffe and Bee Streets and West of King
Street; Ward number (9) nine shall embrace all that portion
of the said city lying North of Mar)^ Street to the city boun-
dary, East of Nassau Street up to its intersection with Am.herst
Street, East of Hanover Street; Ward number (10) ten shall
embrace all that portion of the said city lying north of Mary
Street, West of Nassau Street up to its intersection with
Amherst Street West of Hanover Street to the city boundary,
and East of King Street ; Ward number (11) eleven shall em-
brace all that portion of the said city lying West of King Street,
East of Rutledge Avenue, and North of Radcliffe Street to the
city boundary; Ward number (12) twelve shall embrace all
that portion of the said city lying North of Bee Street to the
citv boundarv, and \\'est of Rutledge Avenue.
OF SOUTH CAROLINA.
2. Each Ward shall be represented in the City Council by
two Aldermen. v,^" " ™ ^^'^ °^
Alaermeii.
3. The Mayor shall be elected by the qualified voters of the
said city at the times and for the term of office now prescribed jvil' 0^'°^ °^
by law. And the person possessing the qualifications now re-
quired by law for said office, who shall receive the highest
number of votes cast at such election shall be such Mayor.
4. One Alderman for each Ward shall be elected by the^^^^^ dieted
qualified voters thereof, at the times and for the term now pre- ^^ ^^^^ Ward,
scribed by law for Alderman of said city. Each Alderman so
elected must be, and during his term of office must remain a
resident of the Ward for which he is elected.
5. The other twelve Aldermen shall be elected on a general ^J^|^^|jg^g|j
ticket by the qualified voters of the said city, at the times and ^* ^^^s^-
for the term now prescribed by law for the Aldermen of the
said city. Each Alderman so elected on such general ticket
shall be, and during his term of oi^ce shall remain a resident
of the Ward for which he is elected.
6. There shall be at least one polling precinct in each Ward. ci^c°ts.'°^ ^^^'
7. The Commissioners and Managers of Election shall be ^^ gistration
appointed in the same mode and shall be invested with the same^^jy^"'^^"' 1°^.
powers and duties now prescribed by law. The voters shall *'°"-
be registered, and the election shall be conducted in the same
manner as now prescribed by law, save and except as is pro-
vided in the following Sections.
8. For each election the Commissioners of Election shall barbt™boxes° *
provide at least three ballot boxes, in one of which shall be de-
posited the ballots for Mayor and Aldermen on the general
ticket, in one of which shall be deposited the votes for Alder-
man of the Ward, in one of which shall be deposited the votes
for School Commissioner; and if any question or questions be
submitted to the people of said city, under an Act, Joint Reso-
lution or Ordinance, one other box, in which the votes on such
question or questions shall be deposited. The ballot boxes shall
be constructed and the polling precincts be guarded as is pro-
vided in State elections.
9. The voting shall be by ballot, which ballot shall be of lots"""™ °
plain white paper, two and a half inches wide by five inches
long, clear and even cut, without ornament, designation, muti-
lation, symbol or mark of any kind whatever ; except the name
or names of the person or persons voted for ; and the office for
which such person or persons are intended to be chosen, which
CIVIL CODE
name or names, and office or offices, shall be written or printed,
or partly written, or partly printed thereon, in black ink across
such ballot in plain Roman type, and such ballot shall be so
folded as to conceal the name or names thereon, and so folded
shall be deposited in a box, to be constructed in the same man-
ner as the ballot boxes for State elections. And no ballot of
any other description found in an election box shall be counted
nor shall" it be lawful to count any ballot upon which there shall
appear the name of any officer, or the name of any person, in
connection with any office other than the office for which the
box in which such ballot is found is provided.
office 'oFMay^ ID. In casc of a vacancy in the office of Mayor, caused by
or; how filled. ^-^^ death, resignation, refusal to serve, inability, or any disa-
bility of the person elected to be Mayor, the City Council shall
forthwith proceed to fill such vacancy by electing one of their
own number to act as Mayor for the unexpired term, but such
election shall not create a vacancy in the office of Alderman in
the place of the Alderman thus elected Mayor. Nothing herein
contained to prevent the selection, as heretofore, of a Mayor
pro tempore in case of the temporary absence or inability of the
Mayor.
office of Ai^ir" n. In case of any vacancy in the office of Alderman, by
fiiild! ' ^ ° '' reason of the death, resignation, refusal to serve, removal from
the Ward, inability or any other disability of the person elected
as Alderman therein, it shall be the duty of the Mayor, within
ten days after such vacancy has occurred, to order an election
to fill the same ; and in case the Mayor shall not, for any reason,
order such election, it shall be the duty of the City Council to
do so at its first meeting next after the expiration of the same
ten days. The time of notice of such election, and the mode of
conducting the same, shall in every respect conform to those
prescribed for the general election of Mayor and Aldermen of
the city : Provided, however, That whenever such vacancy shall
occur in the office of an Alderman who has been elected on a
general ticket as provided in Subdivision 5 of this Section and
known as an Alderman at large, then in such case the Ward
Alderman shall serve for and during such unexpired term as
Alderman at large, and the vacancy filled by the election of a
Ward Alderman as provided in Sudivision 4 of this Section.
weighed on the Scc. 1995. The municipal authorities of the cities and towns
puhHc scales; ^^ ^^j^ g^^^^ ^^ ^^^ ^^^^ ^^^^ ^^^ thousaud inhabitants be, and
1S96, XXII., they are hereby, empowered to require all dealers of coal to
OF SOUTH CAROLINA.
765
A. D. 1902.
weigh all coal sold within the limits of such cities and towns ' r—
upon the public scales of such cities and towns and to impose a
"charge therefor of not more than ten cents for each draft.
Said municipal authorities may enforce the provisions of the Penalty.
foregoing Section by such fine and imprisonment as may be
now or hereafter prescribed by law for the violation of the
ordinances of such cities or towns.
ARTICLE VI.
General Provisions as to Towns and Cities.
Sec.
1996. How charters may be amended.
1997. How corporate limits may be
extended.
1998. How corporate limits may be
decreased.
1999. Police powers.
2000. City Council ; how elected.
2001. Licenses for sale of fresh
meats.
2002. Officers not to contract with
municipality.
2003. Jurisdiction of municipal
courts.
2004. Punishments and appeals to
council.
2005. Appeals to general sessions.
2006. All property in limits to be
taxed.
2007. Taxes may be collected in in-
stalments.
2008. Power to construct and oper-
ate water works, &c.
2009. Commissioners of public work,
elections, &c.
Sec.
2010. Commissioners of public work,
powers.
2011. Taxes for payment of bonds
and interest.
2012. Lands may be purchased for
certain purposes.
2013. Powers cumulative.
2014. Power to hold property.
2015. May issue bonds to refund in-
debtedness.
2016. How to be issued.
2017. Tax for payment of.
2018. Coupons may be made receiv-
able for taxes.
2019. Township Commissioners may
issue bonds.
2020. Powers conferred on counties.
2021. Special elections as to issue of
bonds.
2022. Who may vote at such elec-
tions.
2023. Liability to actions for dam-
ages.
Section 1996. The charter or articles of incorporation of any How dty and
, . ~ - - , . . . town ciiarters
City or town m this State, whether such city or town was origi- may be amend-
nally incorporated by Act of the General Assembly or under — '-
1 1 1 1 , o r (- 1 11- 1S99, XXIIL,
the general law by the Secretary of State, may be amended m 71.
any particular, not inconsistent with the Constitution and laws
of the State, in the following manner: A petition shall first
be submitted to the Town or City Council by a majority of
the freeholders of such town or city, praying that an election
be ordered, to ascertain whether such amendment or amend-
ments ought to be made or not ; whereupon, the said Council
shall order an election, after not less than ten days' public ad-
vertisement. At such election each amendment shall be voted
'j^^ CIVIL CODE
A. D. 1902. -
^^- — V ' upon separately, and the tickets or ballots shall be prescribed
by the said Council in such ways as to plainly express the will
of the voter as to each question submitted. At such election
the qualified electors of the municipality shall be allowed to
vote on the question or questions of the proposed amendment
or amendments, at the usual voting places, in a box provided
for the purpose at each voting place. If a majority of the
votes cast be ascertained and declared to be in favor of any
or all of the proposed amendments, then the said Council shall
publish the result of said election, and declare the adopted
amendment or amendments to be a part of the charter of in-
corporation of such city or town, plainly showing the reading
of the parts involved as amended, and shall forthwith file with
the Secretary of State a copy of such declaration ; whereupon
such adopted and declared amendment or amendments shall
stand as a part of the charter of incorporation of such city
or town.
This Section is permissive and directory, and has no effect on prior existing
charters. — Hill v. City Council of Abbeville, 59 S. C, 407; 38 S. E., 16.
How the in- Scc. 1997. Any Town or City Council shall have power to
itY of "^c i t i e s extend the corporate limits of said city or town in the follow-
be extended, iug manner : A petition shall first be submitted to said Council
1S96, XXII., by a majority of the freeholders of the territory which it is
4 5 9; 1 '9 0 i^ proposed to annex, praying that an election be ordered to see
if such territory shall be included in said town. The said Town
Council shall order an election after not less than ten days'
public advertisement. At such election the qualified voters of
the municipality shall vote at the usual voting precincts thereof
in a box provided for that purpose, and the qualified electors of
the territory proposed to be annexed shall vote in a separate
box to be provided for that purpose within the territory pro-
posed to be annexed. If a majority of the votes cast by the
qualified electors of the town and of the territory proposed to
be annexed, each aggregated separately, shall be each in favor
of annexation, or if neither give a majority against annexation,
then the Council shall publish the result of said election and
declare the annexed territory a part of said town : Provided,
however, That if the property sought to be annexed belongs
to a corporation only, it may be annexed on the petition of the
stockholders of said corporation. Any town increasing its ter-
ritory shall file a notice with the Secretary of State describing
its new boundaries.
OF SOUTH CAROLINA. 767
A. D. 1902.
Sec. 1998. Any town or city may reduce its corporate limits '"-^-v-*-^
in the followinsT manner : Whenever a petition is presented to How cities
'^ . . . , ^ . and towns may
the Town Council signed by a majority of the resident free- decrease tueir
holders of said town asking for a reduction of the corporate
limits of said town, then said Council shall order an election
after not less than ten days' public advertisement ; such adver-
tisement shall describe the territory that is proposed to be cut
off. At said election, should a majority of the qualified elec-
tors vote in favor of the release of the territory, then said Coun-
cil shall issue an ordinance declaring the territory no longer
a portion of said town, and shall so notify the Secretary of
State, furnishing him at the same time with the new boun-
daries of said town.
Any town or city may extend its corporate limits so as to ,.E.xtension of
■^ -^ ■' .... . limits to Ill-
include any or all cemeteries adjoining said town or city, forpiude cemeter-
the purposes only of police and sanitary measures, by the pas- xxii
sage of "an ordinance" declaring them to be a portion of saids2.
town or city; but the inclusion of said cemeteries does not
convey to the city or town the right to tax them in any manner
whatsoever.
Sec. 1999. The City Councils and Town Councils of the city and
■' town councils
cities and towns of the State shall, in addition to the powers to have power
^ to enact rules
conferred by their respective charters, have power and au- 9 ^ ordinances
^ ^ '- for its police
thority to make, ordain and establish all such rules, by-laws, government.
regulations and ordinances respecting the roads, streets, mar- isos, xxii.,
kets, police, health and order of said cities and towns, or re-
specting any subject as shall appear to them necessary and
proper for the security, welfare and convenience of such cities
and towns, or for preserving health, peace, order and good
government within the same. And the said City or Town Coun-
cils may fix fines and penalties for the violation thereof, not
exceeding one hundred dollars fine or thirty days' imprison-
ment : Provided, That such rules, by-laws and ordinances shall
not be inconsistent with the laws of this State ; Provided,
further. That nothing herein contained shall be construed to
repeal the law establishing local Boards of Health.
Burial grounds. — City Council v. Baptist Church, 4 Strob., 306. Cultivation of
soil. — Summerville v. Pressley, 33 S. C, 56; 11 S. E., 545. Carrying concealed
weapons. — Abbeville v. Leopold, 61 S. C, 99; 39 S. E., 248. Street railways. —
State v. Sloan, 48 S. C, 21; 25 S. E., 898. As to power of Courts to pass on the
reasonableness of ordinances, see Darlington v. Ward, 48 S. C, 570; 26 S. E., 906.
Ordinance against permitting any inclosure, place or house to be used as a place
for gambling. — City Council of Greenville v. Kemmies, 58 S. C, 427; 36 S. E., 727.
Ordinances against swine running at large. — Kennedy v. Sowden, i McMul., 326;
Crosby v. Warren, 1 Rich. L., 385. Keeping hogs in town. — Darlington v. Ward,
768 CIVIL CODE
A. D. 1902.
meats,
tions.
1896,
91.
S. C, 570; 26 S. E., 906. Keeping liquors in shops. — Heisenbrittle v. City
Council, 2 McMuL, 233; City Council v. Ahrens, 4 Strob., 306. Bawdy houses.—
State V. Williams, 11 S. C, 288. Sunday observance. — City Council v. Benjamin,
2 Strob., 508.
They have only powers as are expressly granted by the Legislature or are neces-
sarily implied from those so granted. — Blake v. Walker, 23 S. C, 517.
cii^ ^ how ^lec't- ^®^' 2000. In all towns and cities which by law have been
f^^ divided into Wards or other political and geographical sections,
56^^^1897^'^lb" ^^ Town or City Councils shall be composed of Wardens or
^°^- " Aldermen elected from each Ward or section separately by the
electors of such Ward, and not by the electors at large of said
towns or cities, and the Mayors or Intendants shall be elected
at large by a direct vote of the qualified electors of such city
or town : Provided, That the provisions of this Section shall not
apply to the cities of Greenville, Georgetown, Sumter, Marion,
Summerville and Charleston.
saie'^'oT^fresh ^^^' ^OOl. No City or Towu Council shall charge any citi-
Excep- 2en or citizens of this State license fees for the right to sell or
xxii.^ offer for sale fresh beef, pork, mutton, fish, poultry or veal,
produced or grown by the vendor, excepting regular butchers,
who shall keep a regular butcher's stall or market house inside
the incorporate limits of any city or town in which license may
be required.
or^stod/rai^er ^uch liccuse shall uot givc the holder thereof a monopoly of
may sell. ^^ g^jg Qf ^j^g articlcs enumerated above, but any farmer or
stock raiser may sell or offer for sale, at any time, beef, mutton,
pork or veal in cities or towns granting such license without
being required to pay any fee for the right so to do.
This does not prevent the city or town charging a regular butcher, who resides
outside the corporate limits and has not stall therein, a license fee. — City Council
of Camden v. Roberts, 55 S. C, 374; 33 S. E., 456.
No municipal Sec. 2002. No municipal officer shall take a contract to per-
officer may con- ,-.,.,
tract \Yith mu- torm work or furnish material for the municipal corporation
-of which he is an officer, and no such officer shall receive any
1500, XXII., . ■'
455. compensation on any contract for said purpose : Provided, That
in cities of over thirty thousand inhabitants, such contracts may
be allowed by the unanimous vote of City Council upon each
specific contract, such vote to be taken by yeas and nays, and
entered upon the Council's journal.
Jurisdiction Scc. 2003. The lutcudants or Mayors of the cities and towns
of m u nicipal r 1 • o ,
Courts. of this vState that have been heretofore chartered or that may
1897, XXII., be hereafter chartered by special Act of the General Assembly
498;1901, J i- J
xxiiL, 651. or under general laws shall have all the powers and authority
of Magistrates in criminal cases within the corporate limits
and police jurisdiction of their respective cities and towns, and
OF SOUTH CAROLINA. 769
■ A. D. 1902.
shall especially have the power and authority to speedily try ^~— ^v-^'
all offenders against the ordinances of said town in a summary
manner and without a jury unless demanded by the accused ;
and the Mayor pro tempore shall have the same powers. When
the accused shall demand a jury, the same shall be drawn in .Right of trial
■I J ' by jury.
the same manner as is provided for in the Courts of Magis-
trates. The Chief of Police or Marshal of the town, or such
officer as the Mayor, Intendant or Mayor pro tempore may ap-
point, shall act as Constable to prepare the jury list; and the
complainant, or some officer to be designated by the Mayor,
Intendant or Mayor pro tempore, is authorized to make the
challenges allowed on the part of the prosecution.
See also Section 1942.
Similar provisions as to mode of trial: first by the Mayor and second on appeal,
de novo, by the Council, considered in Anderson v. O'Donnell, 29 S. C, 364; 7
S. E., 523.
Sec. 2004. Whenever said Mayor, Intendant or Mayor pro Punishments.
tempore shall find the party tried before him guilty of violating
an ordinance of said town, he shall have power to impose, in
his discretion, a fine or imprisonment in the alternative, not to
exceed the limits prescribed for such violation by the ordinances
of said city or town, and such imprisonment may be accom-
panied with the additional requirement of hard labor on the
streets of said city or town, under such regulation as by ordi-
nances may be established.
From all decisions of such Mayor, Intendant or Mayor pro i^ig^t of ap-
tempore any defendant feeling himself or herself aggrieved Council,
shall have the right to appeal to the City or Town Council pro-
vided he give notice of such appeal within twenty-four hours
after sentence has been passed, and to enter into bond to ap-
pear and defend before said Council at a time to be specified in
such undertaking and to abide the sentences of the City or
Town Council : Provided, That in those cities of over five
thousand inhabitants, incorporated under Article 3 of this
Chapter, the appellant may pay the fine imposed under protest
and appeal to the City Council without giving bond. At the
trial of such appeal the Mayor, Intendant or Mayor pro
tempore shall preside and the Aldermen shall sit as a jury to
try the facts. They may reverse, modify or confirm any or all
rulings or conclusions of the Mayor, Intendant or Mayor pro
tempore made or reached in the first trial of the case.
An officer is not disqualified from acting as a judge or juryman on the trial
of defendant for violation of ordinance, on the ground that he is a party to the
prosecution. But the Mayor or Mayor pro tern, before whom a trial has been had
49.— C
770 CIVIL CODE
A. D. 1902.
'^ -^ s/^""-^ cannot vote as a juror on the appeal to Council from his decision. — City Council
V. Fowler, 48 S. C, 8; 25 S. E., 900.
Right of ap- Sec. 2005. From all the decisions of said Mayor, Inten-
peal to Court , ,, ^. ^ ^-, .,
of General dant or Mavor pro tempore, or City or iown Council, any
Sessions.
party in interest feeling himself or herself aggrieved shall have
the right of appeal to the Court of General Sessions for the
County in which the trial is had : Provided, however, That he
must give notice of such appeal in writing within twenty-four
hours after the sentence has been passed and enter into bond
to appear and defend before said Court at its next ensuing ses-
sion thereafter : Provided, That in those cities of over five
thousand inhabitants incorporated under Article 3 of this Chap-
ter, in all cases the person convicted shall have the right of
appeal to the Court of General Sessions within five days from
time of sentence. Such appeal may be taken either from the
sentence of the Mayor or from the sentence of the City Coun-
cil ; but the appeal shall not operate to stay the execution of the
sentence unless the appellant give bond, to be approved by the
Mayor, conditioned to abide the judgment of the Court of
General Sessions. Said appeal in said Court of General Ses-
sions shall be heard upon the report of the presiding officer of
the trial below and upon the testimony reported by him. The
provisions of Sections 2003, 2004 and 2005 shall not apply to
the City of Charleston,
taifs" Sn wSat ^®^' ^006. All municipal taxes levied by cities and towns in
poperty 1 e V- ^]^-g State shall be levied on all property, real and personal, not
1897 XXII exempt by law from taxation, situate within the limits of said
*°^- cities and towns, and in accordance with Section 6, Article
VIII., of the Constitution of 1895.
The clauses of the charters of any towns or cities restricting
taxation in said towns to real estate only are hereby repealed.
This Section is intended to secure uniformity in taxation of property. — F. C. &
Towns and P. Ry- Co. v. Columbia, S4 S. C, 266; 32 S. E., 412.
izeTto .""coHect Scc. 2007. The towns and cities of this State are hereby au-
sSILenTs. '" thorized and empowered to collect the taxes of such towns or
1898, XXII., cities in such installments as the municipal authorities thereof
may by ordinance prescribe.
ciuTs" and Sec. 2008. All cities and towns shall have full power and
sTr'^u c t and authority to construct and operate water works and electric
^^rks Tn^d light works withiu the corporate limits of said cities and towns
and "t'o Tssue for the usc and benefit of said cities and towns and its citizens,
fo? same°. ^^^ and to purchasc, own and operate apparatus for generating
1896, XXII., either electricity or gas for the use and benefit of said cities
1897; Ih., 505;
1899, XXIII.,
OF SOUTH CAROLIKA. 771
A. D. 1902.
and towns and its citizens, or to contract for the erection of "■— '^v— ^
plants either for water works or sewerage or Hghting purposes,
or sewerage, one or both, for the use of said cities and towns,
and to supply the citizens thereof ; and to meet the cost of same
the said cities and towns may issue coupon bonds, bearing inter-
est at a rate not to exceed six per centum per annum, payable
in any legal tender money of the United States forty years after
date, with the priyilege of redemption after twenty years from proviso as
date : Provided, That before any bonds shall be issued under t° ^°^^^-
the provisions of this Section, the City or Town Council of said
municipality shall submit the question of the issue to the quali-
fied registered electors of such cities and towns, at an election
to be held by said City or Town Council, appointed and con-
ducted in accordance with the laws of force governing muni-
cipal elections : And provided, That before any elections shall be
held under the provisions of this Section a majority of the free-
holders of said city or town, as shown by the tax books of said
city or town, shall petition said City or Town Council that the
said election be ordered ; and if a majority of electors voting at
said election vote for said issue of bonds, the said City or Town
Council shall so declare by ordinance, and shall issue said
bonds and turn them over to the Board of Commissioners of
Public Works of said city or town hereinafter established.
All elections held under this Section the polls shall be opened ^^^^^^ ^^^"
at 8 o'clock in the forenoon and closed at 4 o'clock in the after- ^gg^^ xxii.,
505.
noon.
The Act must be read in connection with the Constitutional limitations as to
amount of bonded indebtedness. — Germania Savings Bank v. Darlington, 50 S. C,
337; 27 S. E., 846. This Act is in eflEect an amendment to charters limiting the
indebtedness of cities. — Todd v. City of Laurens, 48 S. C, 395; 26 S. E., 682.
Rule for determining whether the Constitutional limit has been exceeded. lb. As
to election under this Act see State ex rel. McWhirter v. Evans, 47 S. C, 418;
25 S. E., 216; Cleveland v. Calvert, 54 S. C, 83; 31 S. E., 871. An agreement by
which a city undertakes to issue certificates of indebtedness to be paid out of cur-
rent taxes in future years in effect would create a bonded indebtedness within
the meaning of the Constitution. — Duncan v. City Council of Charleston, 60 S. C,
532; 39 S. E., 265. So also attempt to purchase water works subject to a bonded
indebtedness which is to be assumed by the corporation. — Stehmeyer v. City Coun-
cil, S3 S. C, 259; 31 S. E., 322.
Sec. 2009. At such election for bonds, the elector shall vote comm/sSonerf
for three citizens of such town or city, whosetermsofofficeshall works," terms
be respectively two, four and six years, and until the general" ° '^^' — fl_
election for municipal officers next following the expiration of s3;is99,xxTii|
the short term, and until their successors are elected and quali- xx'iii., sss. '
fied. The classification above designated as to the terms, shall
be ascertained by the Commissioners after election by lot. At
CIVIL CODE
each general election for municipal officers following the ex-
piration of the term of the Commissioner holding the short
term, and at every such election every two years thereafter, one
such Commissioner shall be elected for a term of six years, and
until his successor is elected and qualified. The officers so
elected, and their sucessors in office, shall be known as the
Commissioners of Public Works of such municipality, and by
that name may sue and be sued in any of the courts of this
State. At the first meeting of the Commissioners after election,
and after any election for a full term, they shall organize by
the election of one of their number as Chairman. The Clerk
or Recorder of the municipality shall act as Secretary of the
Commissioners. The Mayor and Aldermen of the city, or the
Intendant and Wardens of a town, shall fill any vacancy oc-
curing in said Commissioners by death, resignation or other-
wise, by appointment for the unexpired term. The persons
elected or appointed to such office shall qualify by taking the
same oath as the election officers of the municipality take. The
Mayor of the city or the Intendant of the town shall notify the
persons so elected as members of the Commissioners of Public
Works of their election within ten days after the result of such
Exception as gkction is declared : Provided, That there shall be no Board of
to L, a u rens -'
CountieP^^'^'^ Commissioners of Public Works in the City of Laurens, but all
the duties, powers and responsibilities of the Board of Com-
missioners of Public Works are hereby devolved upon the City
Council of the City of Laurens : And provided, further, That
there shall be no Board of Commissioners of Public Works in
the City of Chester, but all the duties, powers and responsi-
bilities of the Board of Commissioners of Public Works are
hereby devolved upon the City Council of the City of Chester.
In the town of Gaffney said Board of Public Works shall
consist, ex-oificio, of the Mayor and Treasurer and Clerk of
the Town Council of Gafifney, who shall give bond for the
faithful performance of the duties of their office in the sum of
ten thousand dollars each.
Powers of Scc. 2010. Said Board of Commissioners of Public Works
Commission's
— - — „,,,, shall be vested with authority to build or conti act for
1896, XXII., ■'
xx'iii ^ -2°- ^ ' ^^^^^^^S' ^^^^ water works and said electric light plant and to
operate same, and shall have full control and management of
same. They may supply and furnish water to the citizens of
said cities and towns and also electric, gas or other light, and
may require and exact payment of such rates, tolls and charges
OF SOUTH CAROLINA.
as they may establish for the use of water and Hghts. They
may sell and dispose of said bonds and apply the proceeds, or
so much thereof as may be necessary, towards the purchase of
or payment for said plants : Provided, That the said Board shall ^^^^^^ ^ ^
make a full statement to the City or Town Council at the end cjty ^T'Town
of each month of their receipts and disbursements of all kinds
during the preceding month. They shall have no power to in- ^^ concurrence
cur any indebtedness without the concurrence of such ^°^"^^^- ° ^^°^'J"j^'^^^.
Sec. 2011. The said City or Town Council are hereby for.^'^how ilv-
authorized to assess, levy and collect, in addition to the annual H^^J^
tax levied for other purposes, a sufficient annual tax from the igge, xxii.,
taxable property of said cities or towns to meet the interest ^^•
to become due upon said bonds, and also to raise the sum of
at least one-fortieth part of the entire bonded debt as a sinking
fund in aid of the retirement and payment of said bonds. Said
sinking fund shall be under the control and management of the
Board of Commissioners of Public Works, and shall be applied
to the said bonds, or invested to meet the payment of same when
Cities and
Sec. 2012. The said cities and towns shall have ^heto^wns ^may
power and authority to purchase and hold suitable lands andl^'jp ''said
water within the limits of the County, and to erect such acque- ^"'^"'^'^^
ducts, dams, canals, buildings, machine shops and other works,
and to construct and lay such conduits, mains and pipes, as may
be necessary to obtain and secure a supply of water and power
for operating said water works and electric light works. And
said cities and towns shall have power to erect poles and wires
along any of the adjacent highways and in said cities and
towns, and shall have the right to condemn any property or
rights of way to enable it to lay mains and pipes, and erect and
operate said acqueducts, dams, canals, and water and electrical
works, and electric lines on payment to the owner or owners
thereof just compensation for such property or rights of way
to be condemned, such compensation to be determined in the
manner now provided by law for the condemnation of lands
and rights of way by railroad corporations. ^ ^^^^^^ ^ ^
Spr 2013 The nowers conferred by Sections 2008 to 2012,^6 in'^addition
WW. iwv • f r 1 (- ^ ^ I-.0U to powers now
inclusive, upon the cities and towns of the State are, and snail enjoyed.
be taken, deemed and construed to be, in addition to the powers 1897, xxii.,
' 507.
now enjoyed by said cities and towns. ^^^^^^ ^^ ^^^^
Sec. 2014. All towns in this State may own and possess property.
property, real, personal or mixed, not exceeding in value eight 1897, xxii..
774 CIVIL CODE
A. D. 1902.
^"'^"'^ ' per centum of the assessed value of the taxable property in
said towns, notwithstanding any special provision in their
respective charters to the contrary.
Power to take land by devise at common law. — Mcintosh v. City of Charleston,
45 S. C, 584; 23 S. E., 943.
andTt'he^^'l^u- ^ec. 2015. Any city, town, township, or other municipal cor-
iti"i"'au''thor-poration, for the purpose of refunding or paying the whole
negotiable 'cou^ o^" ^uy part of its bonded indebtedness existing at the time of
ce°rtain°''p'u?- the adoption of the present Constitution, whether the same
has matured or not, and any unpaid past interest thereon,
1896, XXII.,
1897, lb'.', shall be, and is hereby, authorized and empowered to issue its
xxiii., 71. ' negotiable coupon bonds from time to time, and in such amounts
as shall be proper, and to use and dispose of the same, either
by sale or exchange, for the purposes aforesaid. Said
bonds issued under the provisions of this Article shall be pay-
able in not more than fifty years from their date, and shall be
in sums of one hundred dollars, five hundred dollars, or one
thousand dollars each, bearing interest at such rate as shall
be directed by the City Council or Town Council, or other
corporate authority of said cities, towns, townships or other
municipal corporation, respectively, said interest to be payable
semi-annually : Provided, Said rate of interest shall not exceed
the rate of interest borne by the previous issue of bonds, except
that in cases where the City Council, Town Council or other
corporate authority of said cities, towns, townships or other
municipal corporations, respectively, shall be able to retire
such previous issue of bonds in advance of the maturity thereof
at or below their par value, the new bonds issued for such pur-
pose may be made to bear a rate of interest in excess of the
rate borne by the original issue of bonds by one per centum
per annum, in the discretion of the Ma3^or or Aldermen of
such city or town, or other corporate authority of said cities,
towns, townships or other municipal corporations, respectively ;
but in no case shall the amount of interest to be paid exceed
the aggregate amount of interest payable upon the bonds of
the previous issue so redeemed, retired, taken up, and re-
funded or paid : And provided, further, That the aggregate
amount of the principal of the bonds at any time issued under
this Article by any city, town, township or other municipal
corporation, shall not exceed the aggreagte amount of said
bonded indebtedness and past due interest thereon to refund
or pay, which said bonds shall be issued under this Article :
OF SOUTH CAROLINA.
And provided, further. That the principal and interest shall
be paid in any legal tender money of the United States.
Sec. 2016. The bonds authorized to be issued under Section ;gg^g°j|'^^' ^°^
2015 may be issued without submitting the question as to the ^gge, xxii.
creation of such bonded indebtedness to the qualified electors ^^"
of such city, town or other municipal corporation issuing such
bonds under said Section, and all provisions in any charter
of any city, town or other municipal corporation requiring
such submission to the qualified voters thereof be, and the
same are hereby, repealed.
Sec. 2017. The City Council or Town Council or other cor- Tax for the
■^ payment of.
porate authorities of said cities, towns, townships or other —
municipal corporations, respectively, be, and they are hereby,
authorized and empowered to levy an annual tax on all taxable
property of said cities, towns or other municipal corporations,
respectively, to provide for the payment of the principal and
interest of the said bonds as the same shall become due.
Sec. 2018. The City Council or Town Council or other cor- city°'^r^Town
porate authorities of such city or town, township or other mu- ^ o^u ncU ^t^^
nicipal corporation, respectively, who may issue bonds under Pj^o^^^s^^/^^^^^^-
the terms of this Article shall have authority to provide in —
any ordinance adopted requiring or permitting the issuing of
said bonds that the coupons and principal on said bonds, or
either, shall be receivable for taxes due to the city, town, town-
ship or other municipal corporation, respectively, issuing the
said bonds during the year in which they mature, and shall
further have authority to declare by such ordinance that in
case of the neglect or failure of the City Council or Town
Council or other municipal authority, respectively, to levy the
taxes required by this Article to be levied to provide for the
payment of the principal and interest of said bond, then the
holder or holders of any of the said bonds or coupons may
enforce the same by mandamus in any of the Courts of this
State.
Sec. 2019. For the purposes of issuing the bonds provided commiTsfoners
for in this Article, the Township Commissioners shall be, and b^onds.'^^"^ ^^^
are hereby declared to be, the proper corporate authorities of J^_ '
the townships to issue such bonds, except that in cases where
an incorporated city or town is within a township, the Town-
ship Commissioners and the City or Town Council (as the case
may be) shall be, and are hereby declared to be, the proper
corporate authorities of the township to issue such bonds.
77^ CIVIL CODE
A. D. 1902.
Sec. 2020. All the provisions of Sections 2015, 2016, 2017
ma^J lo'^'aSy ^^"^ ^^^^ b^' ^"^ the Same are hereby, extended to and made
!^i°o. *^ ° "''*^^' applicable to Counties, and to the County Boards of Com-
1899, XXIII, niissioners thereof, the same as they apply to municipal cor-
'^^- porations and to the authorities thereof: Provided, That when
County bonds are issued under the provisions hereof, after the
. issue shall have been authorized by a resolution of the County
Board of Commissioners, entered in the minutes of said Board,
it shall not be necessary for the members of said Board to
sign said bonds, but the signature of the County Supervisor
thereto shall be sufficient.
Special eiec- Scc. 2021. It shall be the duty of the municipal authorities
tions as to is- -^ ^
c^ai bonS'^fJ^r ^^ ^"^' incorporated city or town of this State, upon the petition
certain p u r- of a majority of the freeholders of said city or town, as shown
poses, now and _ ■ -^ -^ '
when issued, by its tax books, to order a special election in any such city
ggiS96^g^xii., or town for the purpose of issuing bonds for the purchasing, re-
410, 453. ' ' pairing or improving of city or town hall, or park or grounds
therefor, markets and guard house, enlarging, extending or
establishing electric light plants or other lights, or water-
works, or sewerage, erecting, repairing or altering school build-
ings, fire protection purposes, improvement of streets and side-
walks, or any corporate purpose set forth in said petition :
Provided, That the aggregate bonded indebtedness of any city
or town shall never exceed eight per centum of the assessed
value of the taxable property therein. And any bonds here-
tofore voted upon and issued by any incorporated city or town
of this State since the adoption of the Constitution of the year
1895 under the provisions of the Article herein recited are
hereby validated and made legal for any of the purposes herein
above set forth.
Bonds sustained under this Act. — State ex rel McWhirter v. Evans, 47 S. C,
418; 25 S. E., 216. The effect of the Constitutional amendment of 1901, to Const.
Art. 10, Sec. s, considered in Bray v. Malloy, 62 S. C, 39 S. E.
Who entitled Sec. 2022. Such pcrsous shall be entitled to vote at anv such
to vote. ^ ^
——————— Special election as are qualified under Section 13, Article 11.
1896, xxii., ^ ^ ■^'
88. of the Constitution of 1895 of this State ; and should a majority
of those voting in said election vote in favor of said bond issue,
then the municipal authorities of said city or town shall be
authorized to issue said bonds, which shall be of such denomi-
nation and run for such length of time and bear such rate
of interest, not exceeding seven per centum per annum, as the
said municipal authorities shall prescribe.
OF SOUTH CAROLINA. 'j'jy
A. D. 1902.
Sec. 2023. Any person who shall receive bodily injury, or
damages in his person or property, through a defect in any ^^^^"^1^^.°^^^^;
street, causeway, bridge or public way, or by reason of def ect H^^^^ j^''"™^^'^^'
or mismanagement of anything under control of the corpora- ^g^^™^^'^^^^"
tion within the limits of any town or city, may recover, in an ^^ ^ ^^
action against the same, the amount of actual damages slis-J^^I. -^i^g-Q^^'
tained by him by reason thereof. If any such defect in a street, xxiii., 057.
causeway or bridge existed before such injury or damage
occurred, such damage shall not be recovered by the person
so injured if his load exceed the ordinary weight: Provided,
The said corporation shall not be liable unless such defect was Restrictions,
occasioned by its neglect or mismanagement : Provided, further, proviso.
Such person has not in any way brought about any such injury
or damage by his or her own negligent act or negligently con- negii"ence'*°'^^
tributed thereto.
This Act was prior to the amendment of igoi, XXIII., 64s, similar to G. S.
1087; R. S. 1 169; Sec. 1347, of this Code, in reference to the liability of Counties,
so far as injuries from defects in streets are concerned; but broader in its scope,
in that it includes not only injuries arising from defects in street, etc., but also
injuries arising from the mismanagement of anything under control of the cor-
poration, as of a steam roller. — Barksdale v. Laurens, 58 S. C, 413; 36 S. E., 661;
Dunn V. Barnwell, 43 S. C, 398; 21 S. E., 315. See also cases cited under Sec.
1347-
For provisions as to condemnation of rights of way for streets, &c., see Sec. 1067.
CHAPTER L.
Railroads-General Law.
Article i. General Provisions.
Article 2. Formation of Corporations by Purchasers.
Article 3. Consolidation of Companies and Other Provisions.
Article 4. The Railroad Commissioners.
Article 5. Provisions as to Discrimination and Unreasonable
Charges.
Article 6. Regulations as to Running Trains on Sunday, and
Carriage of Animals.
Article 7. Regulations for the Prevention of Accidents, and
Concerning the Responsibility Therefor.
Article 8. Regulations for the Accommodation, Convenience
and Protection of Passengers, and in Respect
to Merchandise.
Article 9. Railroad Crossings ; Cattle Guards.
Article 10. Right of Way.
Article II. Certain Offenses; Fines, Penalties, and For-
feitures.
778
CIVIL CODE
A. D. 1902.
ARTICLE I.
General Provisions.
Sec.
2024
Construction of terms "rail
roads and railways," "rail-
roads," "railroad corpora-
tions," "railroad company ;"
exception.
2025. Liability of corporation oper-
ating road of another cor-
poration ; Trustees and Re-
ceivers— liabilities.
2026. Persons occupying offices at
railway stations, &c., to be
deemed agents of corpora-
tion to whom charter was
granted.
2027. Construction of word, "per-
son" or "persons."
2028. Rules of evidence, &c.
2029. Amendment to charters grant-
ed since Act 17th December,
1841.
2030. General rights and liabilities.
Sec.
2031. Corporate powers.
2032. Subscription books, &c.
2033. Right of way.
2034. Rights to other roads.
2035. Operation of completed sec-
tions.
2036. Liability of stockholders.
2037. Restriction as to executing
mortgages.
2038. Proxies, execution and limita-
tion of ; penalty.
2039. Annual schedule and report
to be filed by railroad com-
pany in office of Railroad
Commissioners.
2040. May extend lines and
branches ; limit ; right of
way.
2041. Liable for damages by ob-
structing streams.
Definition of
terms; to
whom applica-
ble.
G. S. 1414;
R. S. 1597;
1892, XXL, 15.
Liability o f
c o r p o ration
operating road
of another cor-
poration ; trus-
tees and re-
ceivers, liabili-
ties of.
G. S. 1415;
R. S. 1598.
Section 2024. In the coBstruction of this Chapter except where
such meaning would be repugnant to the context or contrary
to the manifest intention of the Legislature, the phrase "rail-
roads and railways" shall be construed to include all railroads
and railways operated by steam, except marine railways doing
business as common carriers in this State, and whether operated
by the corporations owning them or by other corporations or
otherwise; "railroad" shall be construed to mean a railroad or
railway operated by steam power. The term "railroad cor-
poration" or "railroad company" contained in the law of this
State shall be deemed and taken to mean all corporations, com-
panies or individuals now owning or operating, or which may
hereafter own or operate any railroad, in whole or in part in
this State, and the provisions of this law shall apply to all
persons, firms and companies, and to all associations as com-
mon carriers upon any of the lines of railroads in this State,
(street railways and express companies excepted) the same
as to railroad corporations hereinafter mentioned.
Sec. 2025. When a railroad laid out and constructed by one
corporation is lawfully maintained and operated by another
corporation, the latter shall be subject to the duties, liabilities,
restrictions and other provisions, as they are set forth in this
Chapter, respecting or arising from the maintenance and opera-
tion of such railroad in the same manner as if it had been laid
OF SOUTH CAROLINA. 779
^ A. D. 1902.
out and constructed by said latter corporation. When a rail- ^— -^^^-^
road is lawfully maintained and operated by trustees or re-
ceivers, they shall in like manner be subject to the duties, lia-
bilities, restrictions and other provisions respecting or arising
from the maintenance and operation of such railroad which are
attached in this Chapter to the corporation for whose stock-
holders or creditors, or either, they are trustees or receivers.
The lessor is liable for damages arising from the acts of its lessee in the opera-
tion of the road. — National Bank v. Atlanta & C. A. Ry. Co., 25 S. C, 216; Bouk-
night V. C, C. & A. Ry. Co., 41 S. C, 415; 19 S. E., 915; Hart v. same, 33 S. C,
427; 12 S. E., 9; Harmon v. C. & G. Ry. Co., 28 S. C, 401; 5 S. E., 535; So. Ry.
Co. V. Bouknight (C. C. A.), 70 Fed. Rep. 823; 30 L. R. A., 823.
Sec. 2026. Any person occupying an office or room in any Persons oc-
■' ^ IT J a J cupymg office
railway station and attending to and transacting therein the f.t railway sta-
-^ 0 ° _ tions, &c., to
business of any railroad under the charter of which the said^e deemed
-' agents of cor-
railroad is authorized bv law shall be deemed the agent of such vor ation t o
° whom charter
corporation, notwithstanding he may claim to be the agent of ^as granted.
any other person or corporation claiming to operate said rail- isss, xviii.,
road by virtue of any lease, contract or agreement ; and the
bill of lading, receipt, agreement or contract signed or entered
into by said person as agent of any such person or corporation
operating said railroad shall be deemed the contract of the
corporation under the charter of which the said railroad is
so authorized.
Sec. 2027. The words "person or persons," as used in this Construction
Chapter, except where otherwise provided, shall be construed son" or "per-
and held to mean person or persons, officer or officers, corpora '- ^—
tion or corporations, company or companies, receiver or re-i^eoo; 1S82',
ceivers, trustee or trustees, lessee or lessees, agent or agents, § 132.
or other person or persons acting or engaged in any of the
matters and things mentioned in this Chapter.
Sec. 2028. In all cases under the provisions of this Chap- ^^^^ °^ ^^^'
ter the rules of evidence shall be the same as in civil '^^ xxiT
actions, except as hereinbefore otherwise provided. All fines ^^•
recovered under the provisions of this Chapter shall be paid
one-half into the State Treasury, to be used for such purposes disposition of
as the General Assembly may provide, the other half into the ^"^^-
County treasury of the County where said case is tried. The j^ ^ g^' lew!
remedies now given by law against railroad corporations, and^^^'
this Chapter, shall not be construed as repealing any Statute j.^j^g^™'!'^*'^^
giving such remedies.
Sec. 2029. Railroad corporations heretofore established in
this State, whether by special Act or in conformity with the
78o CIVIL CODE
A. D. 1902.
^""'^'^"^ provisions of any general law, shall have the powers and privi-
to ^c"h a'i^te^s ^^S^^> 3-nd be subject to the duties, liabilities, restrictions and
AcT*i7th ^ De^ Other provisions contained in this Chapter, which, so far as
cember, 1841. inconsistent with charters granted since the seventeenth day
R ^'s^' 1602- o^ December, one thousand eight hundred and forty-one, shall
]lf'\ 4.^^'^^" be deemed and taken to be in alteration and amendment thereof :
Provided, That nothing herein contained shall affect any act
done or any right accruing, accrued, or established, or any
proceedings, doings, or acts ratified or confirmed, or any suit
or proceedings had or commenced in any case before the Act
takes effect, but the proceedings therein shall, when necessary,
conform to the provisions of this Chapter.
and" liabiiifies! ^60. 2030. Evcry railroad company incorporated in this State
partfcuilrchar- shall havc all the rights, powers and privileges set forth and
!!I1 granted in and by this Article, and be subject to all the lia-
188?; xlx.^ini bilities, provisions and limitations herein contained ; and said
^ ^- rights, powers, privileges, liabilities, provisions and limitations
proliiS o f shall constitute part and parcel of the charter of every such
^^^P^^*"- corporation. Every such corporation shall be subject to the
lb., 174, § 8. (juj-ies^ liabilities, restrictions and other provisions contained
in this Chapter L.
powers.^ ° '^^^^ Sec. 2031. Every such corporation may make such by-laws
R s 1543; for its regulation and government in any and all matters what-
ib., 172, § 2. gQgygj.^ not inconsistent with the Constitution and laws of the
United States and of this State, as may be deemed necessary,
and may add to, alter or amend the same from time to time
as may be desired ; may appoint all necessary officers and pre-
scribe their duties ; may sue and be sued, plead and be im-
pleaded, in any Court of law or equity in this State or in the
United States ; and may accept, purchase, hold, lease or other-
wise acquire any property, real or personal, necessary or con-
venient to and for the purposes of the corporation, and may
use, sell and convey and dispose of the same as the interest
of the company may require; may make contracts, have and
use a common seal and do all other lawful acts properly incident
to and connected with such corporation and necessary and con-
venient for the control and transaction of its business: Pro-
vided, That the by-laws be not repugnant to the Constitution
and laws of this State or of the United States.
books ;subscrip- Scc. 2032. For the purpose of raising the capital stock of
execute bond any company so incorporated, it shall be lawful to open books
an mor gage, ^^ subscription at such timcs and places and under the direc-
R. S. 1544;
lb., § 3.
OF SOUTH CAROLINA. 781
~ ' A. D. 1902.
tion of such persons as the corporators may appoint ; and such ^^-^-v-*^
subscriptions to the capital stock may be made in land, money,
bonds, machinery, materials and work, at such rates as may
be agreed upon with the company ; and said company shall have
power to mortgage its property and franchises, and issue bonds
on such terms and conditions and for such purposes and uses
of the corporation as the company may from time to time deem
necessary.
Payment of stock in part by note and helping in organization estop stockholder
from refusing to pay balance. — R. R. v. Woodsides, s Rich., 145.
Sec. 2033. Every such railroad company shall have every Right of way.
right, power and privilege necessary for the purpose of J^- s. 1545;
acquiring such lands or rights of way as they may require for
the location or construction of said railway, or for the erection
or location of depots, warehouses, stations and other necessary
and convenient establishments, or for extending or altering
the same, and shall have the benefit of every process or pro-
ceeding, and shall be subject to all the restrictions which shall
or may be provided or imposed by the laws of the State.
See Constitution of 1895, Art. IX., Sec. 20.
Sec. 2034. Such company shall have full power and authority .Rights as to
^ -' ^ ^ •' other roads.
to connect with or cross any other railroad or railroads on its —;: — z — — —
-' R. h. 1546;
proposed line, and also to purchase, lease or consolidate with^^-- i'^^- § ^^
any other railroad or railroads in cfr out of this State in such
manner and upon such terms as may be agreed between such
railroad companies : Provided, That the same be not incon-
sistent with the laws of this State or of the United States.
Sec. 2035. Such company shall be further authorized and Operation of
tr J sections of road
empowered forthwith, upon the completion or acquirement, by 3°™'^!.^^^'^ ° ''
purchase, lease or consolidation, of any portion or section of ~^ — s~^547^
said railroad between any points through which the same may^^-- § ^•
run under its charter, to operate and maintain such portion or
section, with all the rights, powers and privileges hereby
granted to the company.
Sec. 2036. Every stockholders in such corporation, created ^ j. ^^^^^|j[Jgj.°f
under the Constitution of 1868 and prior to the adoption of^^^t^^^^t^Oj^^^! i'™|J
the Constitution of 1895, shall be jointly and severally liable pro^"'s°s.
to the creditors thereof in an amount, beside the value of his^j^^-gl- '^^^''
share or shares therein, not exceeding five per cent, of the
par value of the share or shares held by him at the time the
demand of the creditor was created : Provided, That such de-
mand shall have been payable within one year ; and also that
proceedings to hold such stockholder liable therefor shall be
CIVIL CODE
commenced whilst he remains a stockholder therein, or within
two years after he shall have ceased to be such stockholder;
and also that persons holding stock in such company as execu-
tors, administrators or by way of collateral security shall not be
personally subject to the liabilities of the stockholders under the
foregoing provisions, but the persons pledging such stock shall
be liable as a stockholder, and the estates and funds in the hands
of such executors or administrators shall be liable in their
hands in like manner and to the same extent as the deceased
testator or intestate, or the ward or person interested in such
trust fund, would have been if they had respectively been
living and competent to act and hold the stock in their own
names.
As to the liability of stockholders in corporations created under the Constitution
of 1895, see same Art. IX., Sec. 18. As to liability of railroad companies as com-
mon carriers. See Constitution of 1895, Art. IX., Sec. 3, and Chapter XL., Sec.
1 709-1 738 of this Code.
Railroad mort- nr\nrf -\t -1 1
gages, what to Scc. 3037. No railroad corporation which has previously is-
sued bonds shall subsequentlv make or execute anv mortsfaare
G. S. 1436; ... - & fc>
R. S. 1605; upon its road equipment and franchise or anv of its property,
1882 XVII., ^. 1 • , -11. • •, ' . , '/
709; 189 6, real or personal, without including m and securing by such
mortgage all bonds previously issued and all pre-existing debts
and liabilities of the corporation: Provided, That nothing in
this Section contained shaH apply to a mortgage for the pur-
chase money of any such road equipment, franchise or prop-
erty, real or personal.
See Sec. 184, ante, under Chapter XLVII., on Private Corporations, as to how
stock may be voted in accordance with Constitution Art. IX., Sec. 11.
Proxies, exe- nnno -\t
cution and lim- Sec. 2038. No proxy shall be valid unless executed and dated
itation of; pen- ....
aity. withm SIX months previous to the meeting at which it is issued.
G. s. 1437; No pcrson shall as proxy or attorney cast more than one hun-
799, § 25. ' ' dred votes unless all the shares so represented by him are
owned by one person. No salaried officer of the corporation
shall vote as proxy or attorney. An officer of a railroad cor-
poration who violates any of the provisions of this Section
shall, for each offense, forfeit and pay a fine of not less than
one hundred dollars nor more than five hundred dollars,
uie^and report Sgc. 2039. The scvcral railroad companies chartered by this
Railroad ^Com^ State shall be required to file in the office of the Railroad Com-
missioners. missioncrs, on or before the thirty-first day of August in each
1439;' R. s! and every year, a full and detailed schedule and report of the
§§ 26, 27; 819,' couditiou and operations of such road for the current year
Res.,' isslf 8. ending on the thirtieth day of June then immediately preceding.
OF SOUTH CAROLINA. yS^
' " A. D. 1902.
Such schedule and report shall be made in accordance with the ^"-^v '
following rules and form :
I. All liabilities (including interest accrued on funded debt)
shall be entered upon the books in the month when they are
incurred, without reference to date of payment.
. II. Expenses shall be charged each month with such supplies,
materials, etc., as have been used during that month, without
reference to the time when they were purchased or paid for.
III. No expenditure shall be charged to property accounts,
except it be for actual increase in construction, equipments, or
other property, unless it is made on old work in such a way as
to clearly increase the value of the property over and above
the cost of renewing the original structures, etc. In such
cases, only the amount of increased cost shall be charged, and
the amount allowed on account of the old work shall be stated.
IV. Mileage of passenger and freight trains shall include
only the miles shown to be run by distances between stations ;
allowances made to passenger or freight trains for switching,
and all mileage of switch engines, computed on a basis of eight
miles per hour for the time of actual service, shall be stated
separately.
V. Season ticket passengers shall be computed on the basis
of twelve (12) passengers per week for the time of each ticket.
VI. Local traffic shall include all passengers carried on local
tickets, and all freight carried at local tariff or special local
rates.
All other traffic shall be considered through. These rules
to be subject to such changes thereof as have heretofore been
or shall hereafter be made by the Railroad Commissioners
under the authority conferred on them by Section 2076 of this
Chapter.
Sec. 2040. It shall be lawful for any railroad or railway cor- j .^ay^ extend
poration chartered by this State, and be taken as the exercise ^^'"^nches^l^ lim-
of powers conferred by its charter, to continue or extend the^^'^y-
main track or line of such railroad, or any extension thereof, j^^- ^- ^^|^:
or to build or extend branch roads from such main track ori||5' xviii.,
loo.
line to any point or points in the vicinity thereof, whenever it
may be deemed advisable by such corporation so to do; but
such extension or branch shall not exceed five miles in length.
For the purpose of acquiring a right of way for any such ex-
tension or branch track, such railroad or railway corporation
shall have and be entitled to all the rights and privileges and
CIVIL CODE
be subject to all the restrictions contained in this Chapter in
reference to the manner of acquiring the right of way.
railroad engines and cars, see Sec.
Sec. 2041. Railroad corporations shall be liable to land own-
As to conveyances and mortgages affecting
634 to 636, ante.
Railroad com-
panies liable to
damages^" o°r ers for all damages resulting from the wrongful obstruction
wa^ter'VoTrsel of watcr courscs by such corporations, and it shall not be neces-
1897, XXII., sary to allege and prove that such damages resulted from the
negligent construction of the road or other works of such cor-
porations, but any person who is damaged shall be entitled
to recover as in actions against individuals upon showing the
wrongful obstruction of such water courses.
The lessee or grantee of the creator of an obstruction of a water course, consti-
tuting a nuisance, was prior to the passage of this action, liable in damages where
he either increased the obstructions, or continued it, after notice and demand for
removal. — Elliott v. Rhett, 5 Rich., 520; Hammond v. R. R. Co., 16 S. C, 574;
Leitsey v. Water Power Co., 47 S. C, 476; 25 S. E., 744; 34 L. R. A., 215;
Townes v. City Council, 52 S. C, 404; 29 S. E., 851; Privett v. R. R. Co., 54 S. C,
98; 32 S. E., 7z; DeLaney v. R. R. Co., 58 S. C, 357; 36 S. E., 699.
ARTICLE II.
Formations of Corporations by Purchasers.
Sec.
2042. Purchasers at certain sales
may form corporation ; cer-
tificate to be filed ; where ;
what to contain, &c.
2043-2044. Owners of abandoned
roads to operate same.
2045. To what roads applied.
2046. Powers, rights, &c., of new
corporation.
Sec.
2047. May issue bonds ; rate of in-
terest ; mortgage railroad
property.
2048. May establish sinking fund ;
issue stock, to what amount ;
make by-laws, &e.
2049. New company to hold subject
to provision of Section.
of n^^'^form^a Section 2042. In case of the sale of any railroad situated, here-
certlfi^cate^'^'To ^ofore or hereafter, wholly or partly within this State, by
? e t^a'r y^ ^o'^f virtuc of any mortgage or deed in trust, whether under f ore-
^roll'so af '^to ^^°^^^^ ^^ other judicial proceeding, or pursuant to any power
capital stock, contained in such mortgage or deed of trust, the purchaser or
R ^' s^' 1610- purchasers thereof, or his or their survivor or survivors, rep-
793^1' s^Xssg^ ^^^^^^^^^^^^ '^^ assigns, may, together with their associates (if
any), form a corporation for the purpose of owning, possessing,
maintaining, and operating such railroad, or such portion
thereof as may be situated within this State, by filing in the
office of the Secretary of State of this State a certificate specify-
ing the name and style of such corporation, the number of
directors of the same, the names of its directors, and the period
XX., 377.
OF SOUTH CAROLINA.
of their services, not exceeding one year, the amount of the
capital stock of such corporation, and the number of shares
into which it is to be divided; and the persons signing such
certificate, and their successors, may be a body corporate and
pohtic, by the name specified in such certificate, with power
to sue and be sued, contract and be contracted with, and to
own, possess, maintain, and operate the railroad referred to in
such certificate, and to transact all business connected with the
same; and a copy of such certificate, attested by the Secretary
of State or his deputy, shall, in all Courts and places, be evi-
dence of the due organization and existence of such corpora-
tion and of the matters specified in such certificate: Provided,
That nothing herein contained shall be construed to authorize
in any manner the purchase or lease of such railroad by any
railroad corporation or steamship company, chartered either
by this or by any other State, except as hereinafter provided :
And provided, further. That the capital stock, to be named in
the certificate aforesaid, shall in no case be greater than the
amount of the capital stock specified in the original charter
of the railroad so sold, and any amendment or amendments
thereto.
Nothing herein contained, however, shall be construed to Additional
o ' ' proviso as to
prevent an increase of capital stock to such additional amount |,°?Jj^g^^^j^°*
as may be needed to convert any bonds or other indebtedness
of the original corporation into stock, and the corporation so
formed may divide its capital stock into common and preferred
stock upon such terms and with such conditions as may be pre-
scribed.
R. R. Co. V. Gibbes, 24 S. C, 70.
Sec. 2043. Any person, company or corporation who now ^Owners of
■' ^ ^ _ \ -^ -"^ abandoned rail-
owns any line of railroad in this State, and who have not or-r°a<i ^° <=°™-
^ _ _ mence opera-
ganized and are not now operating said railroad, shall, within ^ion within eo
sixty days from the passage of this Section, reorganize the same yiym
as provided for in Section 2042 ; and any person, company or ^33.
corporation now running or hereafter acquiring any railroad
within this State by purchase or otherwise shall organize and
put into operation said road within sixty (60) days from their
purchase or acquisition thereof.
Sec. 2044. Should such person, corporation or company ^^j^^^^^^^^y ^^^^^
mentioned in Section 2043 ^^-i^ to reorganize said company ^^^:
as provided for in Section 2043, within the time therein limited, ^^■
then said person, corporation or company shall pay a pen-
50.— C
7^^ CIVIL CODE
A. D. 1902.
^■"■^'''"■^ alty of fifty dollars per day for each and every day they shall
fail to operate said railroad; this penalty to be collected by
the Railroad Commission of this State : Provided, however,
That the penalty herein provided shall not attach where reason-
able cause for failure to operate can be shown; and said per-
son, company or corporation shall, in addition to the penalty
above provided, also forfeit all of its franchises, powers and
privileges.
t'h'iT^Acrap' Sec. 2045. The provisions of Section 2043 shall only apply
phes. ^Q |.j^g main lines and regular branches of any railroad within
this State, and shall not apply to any side tracks or spur tracks
constructed for special or temporary purpose or occasional use.
Powers, Sec. 2046. Such corporation shall possess all the powers,
new corpora- rights, immunities, privileges, and franchises in respect to such
— g ■^^^^. railroad, or the part thereof included in such certificate, and
^■^s. 1611; lb., in respect to the real and personal property appertaining to the
same, which were possessed or enjoyed by the corporation
which owned or held such railroad previous to such sale, under
or by virtue of its charter and any amendments thereto, and
of other laws of this State, or the laws of any other State, in
which any part of such railroad may have been situated, not
inconsistent with the laws of this State.
R. R. Co. V. Gibbes, 24 S. C, 701.
May issue Sec. 2047. Such Corporation shall have power to make and
bonds; rate of
interest; mort- issue bouds bcarmg such rate of interest, not exceeding seven
gage railroad . , , , .
property. per ceut. per annum, payable at such times and places and m
G. s. 1422; such amount or amounts as it may deem expedient, and to sell
R. S. 1612; lb., •' . . '
§ 10. and dispose of such bonds at such prices and m such manner
as it may deem proper, and to secure the payment of such
bonds by its mortgage or deeds of trust of its railroad or any
part thereof, and its real and personal property and fran-
chises. And all of the property and franchises of such cor-
poration embraced or intended to be embodied in any such
mortgage or deed of trust, whether then held or hereafter
acquired, shall be subject to the lien and operation of such
mortgage or deed of trust, and in case of sale under the same,
shall pass to and become vested in the purchaser or purchasers
thereof, so as to enable him or them to form a new corpora-
tion in the manner hereinbefore prescribed, and to vest in such
new corporation all the faculties, rights, immunities, privileges
and franchises possessed by its predecessor or conferred by
this Chapter.
OF SOUTH CAROLINA.
787
A. D. 1902.
1423;
1612;
XVI I.,
Sec. 2048. Such corporation shall also have power to es- ^-"^v-^-^
tablish sinking funds for the payment of its liabilities, and to g|^^fjj|^*f ^|j|^
issue capital stock, to such an aggregate amount as may be^'™^^^'°"-
deemed necessary, not exceeding the amount named in its cer- j^ ^- g^
tificate of organization. And any such corporation shall also^gl^-g^^j^
have power to make by-laws, rules and regulations in relation
to its business and the number of its directors, and the times
and places of holding meetings of the stockholders and direc-
tors, and the same to alter and change as may be deemed ex-
pedient: Provided, That such by-laws, rules and regulations
shall conform to the laws of this State.
Sec. 2049. Any railroad corporation, formed under the pro-
visions of this Article, shall be subject, as to the charter of such
corporation, to the provisions of Section 1842, any provision
in the original charter of the company which owned or held
such railroad previous to such sale, and any amendments
thereto, to the contrary notwithstanding.
Subject to.
lb., 795, § 12.
ARTICLE III.
Consolidation of Companies and Other Provisions.
Sec.
2050. Companies may merge and
form continuous lines ; pro-
Yiso.
How consolidation effected
and new company formed.
Rights, privileges and fran-
chises, of new corporation.
2053. Transfer of rights, &c., of
each corporation ; liabilities
of.
Shall establish offices.
Liability to suits.
Subject to taxation.
Privileges of stockholders op-
posing consolidation ; pro-
ceedings by.
2051.
2052.
2054.
2055.
2056.
2057.
Sec.
2058. May purchase connecting
roads sold under mortgage
or decree ; rights, fran-
chises and privileges.
2059. Amalgamation of railroads re-
stricted.
2060. May purchase bonds and stock
of other companies, and pur-
chase or lease other roads ;
proviso ; and guarantee their
bonds and stocks, &c.
2061. Ownership of certain stock
prohibited.
2062. May aid in construction of
other roads or steamboat
lines.
Section 2050.
It shall be lawful for any railroad company or- ^^^y meTgeand
ganized under the laws of this State, and operating a railroad, p°ovilo?^' ^ ^'
whether wholly within or partly within and partly without this g. s. 1425;
State, under authority of this and any adjoining State, to^bi, xxiil^'
merge and consolidate its capital stock, franchises and prop-
erty with those of any other railroad company or companies
organized and operated under the laws of this or any other
788 CIVIL CODE
A. D. 1902.
''^— ^v^— ■' State, whenever two or more railroads of the companies pro-
posed to be consoHdated are continuous or are connected with
each other, or by means of any intervening railroad. Rail-
roads terminating on the banks of any river which are or may
be connected by ferry or otherwise shall be deemed continuous
under this Article. Nothing in this Article contained shall be
taken to authorize the consolidation of any company of this
State with that of any other State whose laws shall not also
authorize the like consolidation: Provided, That nothing con-
tained in this Section shall authorize any merger or consoli-
dation inconsistent with the Constitution and laws of this State,
with regard to parallel or competing railroad lines, but such
merger and consolidation shall be subject to the limitations
mentioned and specified therein : Provided, further. That when
railroad companies are consolidated under the provisions of
this Article a charter of incorporation for the new company so
formed by such consolidation shall be issued to the owners and
stockholders of the company so consolidating or to such of
them as the stockholders of each of said companies shall desig-
nate: And provided, further. That only the fees now provided
by law for consolidation be charged, and no additional fee be
charged for such charter.
Provisions Scc. 2051. Said consolidation shall be made under the con-
governing con-
soiidation; (jil-iQns, provisious, restrictions, and with the powers hereafter
terms of agree- j i j ' sr
ment by Direc- {^ ^his Chapter mentioned and contained ; that is to say :
tors to be sub- ^ _ _ -'
s"t^o*ckhoiders° "^' '^^^ directors of the several corporations proposing to con-
of^Seci-eta°*of soHdatc may enter into a joint agreement, under the cor-
State. porate seal of each company, for the consolidation of said com-
R ^' s'' 1616- P^iii^s and railroads, and prescribing the terms and conditions
tH^'s'ii^'^ I-' thereof, the mode of carrying the same into effect, the name of
the new corporation, the number and names of the directors
and other officers thereof, and who shall be the first directors
and officers, and their places of residence, the number of shares
of the capital stock, the amount of par value of each share,
and the manner of converting the capital stock of each of the
said companies into that of the new corporation, and how and
when directors and officers shall be chosen, with such other
details as they shall deem necessary to perfect such new or-
ganization and the consolidation of said companies or railroads.
2. Said agreement shall be submitted to the stockholders of
each of the said companies or corporations at a meeting thereof,
called separately, for the purpose of taking the same into con-
OF SOUTH CAROLINA. 789
~ ' A. D. 1902.
sideration; due notice of the time and place of holding such ' v-^
meeting, and the object thereof, shall be given by a general
notice, published in some newspaper in the city, town or County
where such company has its principal office or place of business ;
and at the said meeting of stockholders the agreement of the
said directors shall be considered, and a vote, by ballot, taken
for the adoption or rejection of the same, each share entitling
the holder thereof to one vote; and said ballots shall be cast
in person or by proxy; and if a majority of all the votes of all
the stockholders shall be for the adoption of said agreement,
then that fact shall be certified thereon by the secretary of
the respective companies, under the seal thereof ; and the agree-
ment so adopted, or a certified copy thereof, shall be filed in
the office of the Secretary of State, and shall, from thence, be
deemed and taken to be the agreement and the act of con-
solidation of the said companies, and a copy of said agree-
ment and act of consolidation, duly certified by the Secretary
of State, under the seal thereof, shall be evidence of the exist-
ence of said new corporation.
Sec. 2052. Upon the making and perfecting the agreement ^^^'l^^- ^''••
and act of consolidation, as provided in the preceding Section, P°'"^tion.
and filing the same, or a copy, with the Secretary of State, asj^ G. J-^i427;
aforesaid, the several corporations, parties thereto, shall be^^^^-Si^-'
deemed and taken to be one corporation by the name provided
in said agreement and act, possessing within this State all the
rights, privileges and franchises, and subject to all the restric-
tions, disabilities and duties of each of such corporations so
consolidated.
Sec. 2053. Upon the consummation of said act of consolida- •\?"^i^'' ° I
ngnts, &c., or
tion, as aforesaid, all and singular the rights, privileges andffjj^^ liTbi^itils
franchises of each of said corporations, parties to the same,^L^
and all the property, real, personal, and mixed, and all debts j^^-g^- leis-
due on whatever account, as well as of stocks, subscriptions,^^2,^x^vi i.',
and other things in action belonging to each of such corpora-
tions, shall be taken and deemed to be transferred to, and
vested in, such new corporation, without further act or deed;
and all property, all rights of way, and all and every other
interest shall be as eJffectually the property of the new cor-
poration as they were of the former corporation, parties by
said agreement ; and the title to real estate, either by deed or
otherwise, under the laws of this State, vested in either of
such- corporations, shall not be deemed to revert, or be in any
790 CIVIL CODE
A. D. 1902. ~
"^^•"^^^"-^ way impaired by reason of this ChsiptQr: Provided, That all
fights of creditors, and all liens upon the property of said cor-
porations shall be preserved unirnpaired; and the respective
corporations may be deemed tO' continue in existence to pre-
serve the same; and all debts, liabilities and duties of either
of said companies shall thenceforth attach to said new cor-
poration, and be enforced against it to the same extent as if
said debts, liabilities and duties had been incurred or con-
tracted by it.
lish^officer'^''' ^^^' ^054. Such , new company shall, as soon as convenient
Q s 1429- ^fter such consolidation, establish such offices as may be de-
797 ^§\?^' ^^" sira-ble, one of which shall be at some point in this State on the
line of its road, and may change the same at pleasure, giving
public notice thereof in some newspaper published on the line
of said road.
suits^''^''*^ * ° Sec. 2055. Suits may be brought and maintained against such
^ s~~i43o^ ^^^ company in any of the Courts of this State, for all causes
R.^s. 1620; /b., Qf action, in the same manner as against other railroad com-
panies therein.
taxftiolf''* *° ^^^' 2056. That portion of the road of such consolidated
Q g ^^ company in this State, and all its real estate and other property
R.^s. 1621; i^b-. heretofore subject to taxation, shall be subject to like taxation,
and assessed in the same manner, and with like effect, as the
property of other railroad companies in this State.
s t^o 'Jkhoiders ^^^' ^^^^ • -^^3^ Stockholder of any company hereby author-
gPP°fg^^'j°^j^ized to consolidate with any other, who shall refuse to convert
p r o c e edings j-^jg stock into the stock of the consolidated company, may, at
Q g j^^gg. any time within thirty days after the adoption of the said agree-
?2g^- ^^2^' •^^•' ment of consolidation by the stockholders, as in this Chapter
provided, apply, by petition, to the Court of Common Pleas
of the County in which the chief office of said company may
be kept, or to a Judge of said Court in vacation, if no such
Court sits within said period, on reasonable notice to said com-
pany, to appoint three disinterested persons to estimate the
damage, if any, done to such stockholder by said proposed
consolidation, and whose award, or that of a majority of them,
when confirmed by the said Court, shall be final and conclusive,
and the persons so appointed shall also appraise said stock of
said stockholder at the full market value thereof, without
regard to any depreciation or appreciation in consequence of
the said consolidation ; and the said company may, at its elec-
tion, either pay to the said stockholder the amount of darqages
OF SOUTH CAROLINA. 791:
A. D. 1902.
SO found and awarded, if any, or the value of the stock so
ascertained and determined ; and upon the payment of the value
of the stock, as aforesaid, the stockholder shall transfer the
stock so held by him to said company, and to be disposed of
by the Directors of said company, or to be retained for the
benefit of the remaining stockholders; and in case the value
of said stock, as aforesaid, is not paid within thirty days from
the filing of said award and confirmation by said Court and
notice to said company, the damages, so found and confirmed,
shall be a judgment against said company, and collected as
other judgments in said Court are, by law, recoverable.
Sec. 2058. When any railroad shall be sold and conveved by ?^^J S^'^^^f^t
J '■'connec tmg
virtue of any mortgage or deed of trust, or under and by virtue '^^^^^' "siits,
of any process or decree of any Court of this State, or of the 'q~^~~^^.
Circuit Court of the United States, it may be lawful for any^g^ ^•xvi?'
company, of which the railroad connects therewith, to purchase '''^S' § 21.
and pay for the same, to issue their own stock for such an
amount as the purchasers may deem the full and fair value
thereof, and to hold and enjoy the railroad so purchased, with
all the rights, privileges and franchises, and with the same
rights to charge for tolls, transportation and car services, and
subject to the same restrictions as were held, enjoyed and lim-
ited by and in respect to the company of which the road may
be so sold : Provided, however, That no corporation, individual, ieashig,^&c^ o^f
or association or either or both, shall purchase or lease any^^ijroads re-
railroad lying in whole or in part within this State, or any ^gg^^ ^xi.,
interest therein, or shall operate the same, where such pur-^^^-
chaser or lessee already owns, operates or is interested in a
line or lines of railroad which, either alone or in conjunction
with other connecting railroads lying within or without this
State, can compete between any two or more points within this
State, and any such purchase, lease or acquisition is hereby de-
clared to be null and void; nor shall any individual or indi-
viduals owning or exercising a controlling interest in any such
competing company or companies either directly or indirectly
purchase or lease, in whole or in part, any such railroad ; and
the corporators or individuals so offending by making such
acquisition shall also forfeit any franchise or license which
they may hold from this State to operate or hold the com-
peting road which they own, operate or are interested in, and
the company owning the railroad so to be controlled shall
792 CIVIL CODE
A. D. 1902.
^"'^''^''^ forfeit its charter, franchise or license to own and operate the
same.
This practically works a consolidation of the roads — So. Ry. Co. v. City Council
of Greenville, 45 S. C, 602; 23 S. E., 953; see Sec. 2115, post.
See also Constitution of 1895, Art. IX., Sees. 7 and 20.
^AmaigamaUon ggg^ 2059. No corporations owning and controlling a line of
roads restrict- railroad which can compete as above set forth shall make any
~^^j^ XXI consolidation, amalgamation or merger of stocks or franchises
^^^- or of railroads or interests, and any contract or agreement for
the same shall be null and void,
c hi^L bonds' ^®^- 2060. It shall and may be lawful, except as prohibited
otifer ^ compan^ ^^ Section 2o6i, and in Sections 7 and 20 of the Constitution of
er^'roacS^Guar- ^^95' ^^^ ^^Y f^ilroad compauy created by and existing under
tfo*cks*'°"'^^ °^the laws of this State, from time to time, to purchase and hold
Q s~i434^ ^^^ stocks and bonds, or either, of any other railroad company
1624; lb., § 22. q.j. companies chartered by or of which the road or roads is
or are authorized to extend into this State; and it shall be
lawful, except as prohibited in Section 2061, and in Sections
7 and 20 of the Constitution of 1895, for any railroad com-
panies to enter into contracts for the purchase, use or lease
of any other railroads, upon such terms as may be agreed upon
with the company or companies owning the same, and to run,
use and operate such road or roads in accordance with such
contract or lease : Provided, That the roads of the companies
so contracting or leasing shall be directly, or by means of in-
tervening railroads, connected with each other. And it shall
and may be lawful for any railroad corporation now organized,
or which may hereafter be organized under the laws of this
State, to guarantee the bonds or stocks or dividends of any
other railroad corporation, whenever the roads of such cor-
porations shall connect with each other, or shall form a con-
tinuous line of railroad directly, or by means of any connecting
railroad, or by steamboat or steamship line, such guaranty to
be upon such terms and conditions as may be agreed upon by
the stockholders of the corporations making the same: Pro-
vided, That no railroad corporation consolidating as herein-
before provided shall thereby acquire any extraordinary rights,
privileges and exemptions not enjoyed by each of the com-
panies consolidating under their respective charters : And pro-
vided, further, That all such agreements, and all parts of them,
shall, at all times, be subject to amendrnent, alteration or repeal
by the Legislature.
OF SOUTH CAROLINA.
Sec. 2061. No corporation, individual, or association or either
or both, owning or operating directly or indirectly any rail- Ownership of
road lying in whole or in part within this State, or owning or tain cases pro-
controlling at the time, either solely or in connection with-^^^^ — :^^
others, a majority of the stock of the corporation owning orsn-
controlling, by stock, ownership or otherwise, any such rail-
road, shall own or be interested in the stock of any corporation
chartered by this State which owns or leases, in whole or in
part, or is otherwise interested in, any railroad which com-
petes in the manner set forth in Section 2058 with the railroad
or railroads so owned or operated by the parties seeking to
acquire or become interested in said stock of said corporation
last mentioned. A purchase or acquisition of the stock of a
company controlling said last named company by stock owner-
ship is likewise prohibited. In the event of such acquisition
of such stock, or an interest therein, by said parties first in this
Section above named, the charter of the corporation of this
State last mentioned owning such railroad shall be forfeited,
and its franchises are ipso facto withdrawn, and all railroad
charters hereafter accepted are declared to be granted sub-
ject to this condition. And the Attorney General of this State ^^^ttorney-Gen-
shall proceed at once, in the name of the State, to have said ^°'^'^^-
dissolution decreed by a Court of competent jurisdiction, and
to dispose of the property of said corporation and distribute
its assets to its creditors and stockholders according to law.
It shall be the duty of the Attorney General to see to the ^^^^uty^o^f^ Atj
observance of this Section, and to proceed by action, or other
appropriate proceedings, legal or equitable, to inquire into,
restrain or terminate the unlawful exercise of any franchise
or disobedience to the terms thereof.
Sec. 2062. A railroad corporation may aid in the construe- ^^^^^^^^'^5^^^ J,"
tion of any branch or connecting railroad within the limits of °'^^^''gj|^'^bott
this State, whether connecting by railroad or steamboat lines, ^"^^^-
by subscribing for shares of stock in such corporation, or of j^^^-g^- HH]
any steamship line connecting the terminus of such railroad ^g^^^g'gg-^^^^"'
company with any port of the United States, or by taking its
notes or bonds, to be secured by mortgage or otherwise, as the
parties may agree, and shall be entitled to vote on all shares of
stock so subscribed for and held.
CIVIL CODE
ARTICLE IV.
The Railroad Commissioners.
Sec.
2063. Election ; terms ; salaries, &c.
2064. Quorum, eligibility.
2065. Location of office; Clerk, &c.
2066. Expenses to be borne by the
railroad, telegraph and ex-
press companies.
2067. Have general supervision over
railroads, express and tele-
graph lines.
2068. Proceedings for violation of
charters.
2069. To give notice of repairs ;
proceedings thereon.
2070. To investigate complaints ;
proceedings thereon.
2071. To investigate causes of ac-
cidents.
2072. May require information from
companies.
Sec.
2073. Request or advice not to im-
pair rights and liabilities.
2074. To make annual report to
Legislature.
2075. To require annual reports
from companies.
2076. To supervise poolings con-
tracts, &c.
2077. May subpoena witnesses, &c.
2078. Penalty for failure by agents,
&c., to report to commis-
sioners.
May propose interrogatories.
May examine books of com-
panies.
To have access to list of
stockholders of companies.
Investigation of books and pa-
pers, &c.
2079,
2080,
2081.
2082.
Three Com-
missioners.
elections.
Terms of of-
fice.
Section 2063. There shall be three Railroad Commissioners
1892 XXI ^Iscted in accordance with the provisions hereafter contained ;
^- that is to say : they shall be elected by the present General
tem^of "o'ffice*^ Assembly for the term of two years, beginning with the first
jj g jg2g day of January, 1893. At the expiration of said terms they
Sub sequent shall be succccdcd by their successors in office, who shall have
been elected at the next general State election. The Com-
missioners of Election for the several Counties in the State
shall at each general election herein provided for conduct the
election of the Commissioners as is conducted the election of
other State officers other than Governor and Lieutenant Gover-
nor. The term of office of the Commissioners to be elected
at the general election of 1894 shall be for two, four and six
years, respectively, the term of each Commissioner to be de-
termined by lot, in the presence of the Governor. At the ex-
piration of said terms, respectively, they shall each be succeeded
by his successor in office, who shall have been elected at the
general election next preceding the date of said expiration.
O 3. t h s ^Tid
disabilities. Said Commissioners shall take the oath of office provided by
the Constitution and laws of this State for State officers, and
shall not, jointly or severally, or in any way, be the holder or
holders of any railroad stock or bond. The Governor shall
have the power to fill vacancies in the office of Commissioner
until the successor in such office for a full term or an unex-
pired term, as the c^-se may be, shall have been elected at the
Vacancies.
OF SOUTH CAROLINA. 795
' ~ A. D..1902,
next ensuing general election, and qualified. The salary of ^-'^''^"^
each Commissioner shall be twenty-one hundred dollars per Salaries,
annum, to be paid from the treasury of the State.
Sec. 2064. A majority of said Commissioners shall consti-
tute a quorum for the transaction of all business pertaining Quorum,
to their office. The Commissioners to be elected under the
terms of this Article shall be elected from the State at large:
Provided, That any male citizen of this State above the age of c^mlJ^sione^s
twenty-five years shall be eligible to election to the position of J^^
Railroad Commissioner.
Sec. 2065. The said Commissioners shall be furnished with Office, &c.
an office, necessary furniture and stationery, and may employ j^,,^' ^' ^^^'^'
a secretary or clerk at a salary of twelve hundred dollars per ^lerk and his
annum, at the expense of the State. The office of said Com-®^^^""^'
missioners shall be kept in Columbia, and all sums of money office.*^^*'"*^ °^
authorized to be paid by this Article out of the State Treasury Payment of
shall be paid only on the warrant of the Comptroller General : ^""p^"^^-
Provided, That the total sum to be expended by said Com- penditures° ^^'
missioners for office rent, furniture and stationery shall in no
case exceed the sum of five hundred dollars ($500) , or so much
thereof as may be necessary, per annum.
Sec. 2066. The expenses of the Commissioners, including on r R^^afs?'
salaries, and the salary of their secretary or clerk, shall be g. s. 1453,
borne by the several corporations owning or operating rail- i626,'i628,' 1629-
roads, telegraph and express companies in this State, according 8i7^'i892, xxi|
to their gross income proportioned to the number of miles "^^^
in this State, to be apportioned by the Comptroller General sessment° ^^'
of the State, who, on or before the first day of October in isgs, xxii.,
each and every year, shall assess upon each of said corpora- '
tions its just proportion of such expenses in proportion to its
gross income for the current year ending on the thirtieth day
of June preceding that on which the assessment is made ; and ^^^^^ payable.
the said assessment shall be charged up against the said cor-
porations, respectively, under the order and direction of the
Comptroller General, and shall be collected by the several
County Treasurers in the manner provided by law for the col-
lection of taxes from such corporation, and shall be paid by
the said County Treasurers as collected into the Treasury of
the State, in like manner as other taxes collected by them for
the State. The Commissioners and their secretary shall be
transported free of charge, when in the performance of the pj^^^^^^Q^j/""^®'
duties of their office concerning railroads, over all railroads
CIVIL CODE
and railroad trains in this State, and they may take with them
agStsf""^ """"^ experts or other agents whose service they may deem to be
temporarily of importance, and they shall in like manner be
transported free of charge.
Held to be constitutional. — R. R. Co. v. Gibbes, 24 S. C, 70; 27 S. C, 385;
4 S. E., 49.
g^H^^^ji^nerai Sec. 2067. The Commissioners shall have the general super-
(j g ^^.g. vision of all railroads and railways, express and telegraph
f 8 9 8^' xxii ^^^^^ ^^ ^^^^ State operated by steam, and shall examine the
780; lb., § 43. same and keep themselves informed as to their condition and
the manner in which they are operated, with reference to the
security and accommodation of the public and the compliance
of the several corporations with the provisions of their char-
ters and the laws of the State ; and to enforce the provisions of
this Chapter; and the provisions of this Chapter shall apply
to all railroads and railways, and to the corporations, trustees,
receivers, or others owning or operating the same.
Regulation of hours when ticket office must be opened. — Hall v. S. C. Ry. Co.,
25 S. C, 564.
Proceedings Scc. 2068. Whenever, in the judgment of the Railroad Com-
for violating . . . , ,,
charters. missioucrs, it Shall appear that any such corporation has vio-
G. S. 1456; lated any law, or neglected, in any respect or particular, to
R. S. 1631; lb., - . , , . . , ^
818, § 44. comply with the terms of its charter, or with the provisions
of any of the laws of the State, especially in regard to the
connections with other railroads, the rates of toll, and the time
schedule, they shall give notice thereof in writing to such cor-
poration, and if the violation or neglect is continued after such
notice, the Commissioners shall make application to a Circuit
Judge, or a Judge thereof, in vacation, for an injunction to
restrain the company complained of from further continuing
to violate the law or the terms of its charter, or for a writ
of mandamus, as hereinafter provided in Section 21 19.
Give notice Sec. 2069. Whenever, in the judgment of the Railroad Com-
of r e p a 1 rs. . . J cs
Proceedings, missioners, it shall appear that repairs are necessary upon any
R ^'s^' 1632- ^^*^^-^ railroad, or that any addition to the rolling stock, or any
^2, x^v 1 1.; enlargement of, or improvement in, the stations or station
houses, or any modification in the rates of fare for transporting
freight or passengers, or any change in the mode of operating
the road and conducting its business, is reasonable and ex-
pedient in order to promote the security, convenience and ac-
commodation of the public, they shall give information, in
writing, to the corporation of the improvements and changes
which they adjudge to be proper; and if the said company shall
OF SOUTH CAROLINA.
fail, within sixty days, to adopt the suggestions of said Com-
missioners, they shall take such legal proceedings as they may
deem expedient, and shall have authority to call upon the At-
torney General to institute and conduct such proceedings.
R. R. Commissioners v. R. R., 26 S. C, 353; 2 S. E., 127.
Sec. 2070. Upon the complaint and application of the Mayor investigate
'^ ^ -^ -^ "^ complaints; no-
and Aldermen or Council of any city, town, or County Board tice in writ-
, , . 1 n g; proceed-
of Commissioners of any County within which any part of any ings.
such railroad is located, it shall be the duty of the Railroad^ G- s. i458;
K.. o. 1633 J lu-t
Commissioners to make an examination of the condition and § ^6.
operation thereof. Before proceeding to make such examma-
tion in accordance with such application, said Commissioners
shall give to the applicants and the railroad corporation reason-
able notice, in writing, of the time and place of entering upon
the same. If, upon such examination, it shall appear to the
Commissioners that the complaint alleged by the applicant is
well founded, they shall so adjudge, and shall inform the cor-
poration operating such railroad of their adjudication, in the
same manner as is provided in Section 2068 of this Chapter;
and the company failing for sixty days after such notice to
remove the cause of such complaint, they shall make report
thereof to the General Assembly for such action as it may deem
expedient ; or if there be necessity for prompt action, they may
take such legal proceedings as may be proper, and the Attorney
General shall institute and conduct such proceedings.
Sec. 2071. The Railroad Commissioners shall investigate the^. Shaii inves-
° tigate causes ot
causes of any accident on a railroad resulting in loss of life, accidents.
and of any accident not so resulting, which, in their judgment, ^^ G- -^Q^^}f^'
shall require investigation. 819, § 47.
Sec. 2072. Every railroad corporation shall, at all times, on .^May Require
request, furnish the Railroad Commissioners any information — - ^~7^
required by them concerning the condition, management and^-^g^- ^6^5; ib.,
operation of its railroads, and particularly with copies of time
tables, and also with the rates of transporting freight and pas-
sengers upon its road and other roads with which its business
is connected.
Sec. 2073. No request or advice of the Railroad Commis- Request .or
^ advice not im-
sioners shall have the effect to impair, in any manner or degree, p^y" ^^sa-i du-
the legal duties and obligations of any railroad corporation or — 5~~s~i46i^
its liability for the consequence of its acts, or of the neglect ^^ xv''i?'
or mismanagement of any of its agents or servants. ^^^' § *^-
CIVIL CODE
Sec. 2074. The Commissioners shall make an annual report
nul° report ^to ^° ^^^ Legislature of their official acts, including such state-
Legisiature. mcnts, facts and explanations as will disclose the actual work-
R % wk7^fb'' ^^S of the system of railroad transportation in its bearing upon
xvni ^85^ ^§ ^^^ 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. And they shall also recommend such
legislation as in their judgment may be necessary to secure
just and reasonable rates for the transportation of passengers
and freights and for the prevention of unjust discrimination,
nu^^^^rlports; Scc. 2075. The Commissioners shall require the annual re-
d"e fe^Jtivl" rl- ports to be made by railroad companies in manner and form
tranlmu^anni- ^nd at the time provided for herein, and shall be authorized to
^^ '"^P"^'^- require reports to be made of such other matters as they may
R. s'. i638;^7&^,' dccm expedient ; and they may, from time to time, make such
^ ^^' changes as they may deem proper in the form of report herein
prescribed, giving the corporations one year's notice of any
such changes or additions as require any alterations in the
method or form of keeping their accounts ; and the Commis-
sioners shall, on or before the first day of June in each year,
furnish to the several railroads blank forms of such reports.
When the report received from any corporation is defective,
or probably erroneous, the Commissioners shall notify the cor-
poration to amend the same within fifteen days. The Com-
missioners shall prepare such tables and abstracts of all the
returns they shall deem expedient, and their annual report
shall be transmitted to the Governor of the State on or before
the second Monday in November in each year, to be laid before
the Legislature. The originals of the report or reports, as
amended, subscribed, and sworn to by the officers of the cor-
poration, shall be preserved in the office of the Commissioners.
cfXa^ti^"" °^ ^®^- ^^'^^- All contracts and agreements between rail-
~^ ^ ^^ road companies doing business in this State as to rates of
^glg.i^^^gl^g'^ freight and passenger tariffs shall be submitted to said Com-
XXI., 13. missioners for inspection and correction, that it may be seen
whether or not they are a violation of the law or of the pro-
visions of the Constitution or of this Chapter, or of the rules
Division of and regulations of said Commissioners ; and all arrangements
earnings to be '^ , ,. . . . . r
approved. and agreements whatever as to the division oi earnings oi
OF SOUTH CAROLINA.
any kind by competing railroad companies doing business in
this State shall be submitted to said Commissioners for in-
spection and approval, in so far as they affect rules and regu- Rules and
lations made by said Commissioners to secure to all persons
doing business with said companies just and reasonable rates
of freight and passenger tarifi", and so far as they are affected
by any of the provisions contained in this Chapter, for securing
to all persons just, equal and reasonable facilities for the trans-
portation of freight and passengers ; and said Commissioners
may make such rules and regulations as to such contracts and
agreements as may be then deemed necessary and proper ; and
any such agreements not approved by such Commissioners,
or by virtue of which rates shall be charged exceeding the
rates fixed for freight and passengers, shall be deemed, held
and taken to be violations of this Chapter, and shall be illegal
and void.
If the said contracts, agreements, or arrangements shall, in Void agree-
the opinion of the Commissioners, in any way be in violation
of any of the provisions of this Chapter, the Commissioners
shall forthwith notify the said railroad companies, in writing,
of their objections thereto, specifying such objections; and if
the said railroad companies shall fail or neglect, within five
days after such notice, to amend and alter such contract, agree-
ment, or arrangement, in a manner satisfactory to the Com-
missioners, the Commissioners shall thereupon call upon the
Attorney General to institute and conduct such legal proceed-
ings as may be necessary to enforce the penalties prescribed
in this Chapter for such violations of its provisions.
Sec. 2077. Said Railroad Commissioners in making any ex- Right to is-
. . sue subpoenas.
amination for the purpose of obtaining information pursuant ^ ^^^g. ^
to this Chapter shall have power to issue subpoenas for the at- |vj^^°^ ^^^^'
tendance of witnesses by such rules as they may prescribe, and
said witnesses shall receive from the State Treasury for such
attendance one dollar per day and five cents per mile traveled Fees of wit-
■^ -^ ^ -^ _ nesses.
by the nearest practical route in going to and returning from
the place of meeting of said Commissioners, to be ordered paid How paid.
by the Comptroller General upon presentation of subpoenas
sworn to by the witnesses as to the number of days served and
miles traveled, before the Clerk of said Commissioners, who is
hereby authorized to administer oaths. In case any person shall
wilfully fail or refuse to obey such subpoena, it shall be the duty ^ Penalty ^^o^f
of any Circuit Judge of the Court of Common Pleas and Gen- subpcena.
8oo CIVIL CODE
A. D. 1902.
^•"^^^■^/"-^ eral Sessions of any County, upon application of said Commis-
sioners, to issue an attachment for such witness and compel him
to attend before the Commissioners and give his testimony
upon such matters as shall be lawfully required by such Com-
Contempt. missioucrs : and said Circuit Judge shall have power to punish
for contempt as in other cases of refusal to obey the process
or order of the Court.
fffiuTe^by S^c- 2078. Every officer, agent or employe of any railroad
rf^OTt fc"' *° company who shall wilfully neglect or refuse to make and
G s 1466- R furnish any report required by the Commissioners as necessary
s. 1641, lb., 16. ^Q ^j^g purposes of this Chapter, or who shall wilfully and un-
lawfully hinder, delay or obstruct said Commissioners in the
discharge of the duties imposed upon them, shall forfeit and
pay a sum of not less than one hundred dollars nor more than
one thousand dollars for each offense, to be recovered in any
action in the name of the State as provided in Section 2117.
May propose Scc. 2079. The Commissioners may make and propound to
interrogatories. . . , . „
any of the railroad companies of this State any interrogatories
G. S. 1467; R. .i.-iiiii i-
s. 1642; lb., § additional to those contained m the schedule and report herem-
55.
before provided, which shall be answered by such companies in
the same manner.
May examine Scc. 2080. On the application in writing of a Director, or of
books. . _ . . , r 1
r T^any person or persons owning one-hftieth part ot the entire
s. '1643; 1882; paid-in capital stock of any corporation operating a railroad, or
examination. ^ ^ . , , . - ,
xviL, 821, § the bonds or other evidences or indebtedness of such corpora-
tion equal in amount to one-fiftieth part of its paid-in capital
stock, the Railroad Commissioners shall make an examination
into the books of said corporation.
Have access Scc. 2081. The Railroad Commissioners shall further have,
to list of stock- , ,. r 1 i 1 1 r-
holders. at all times, access to the list of stockholders of every corpora-
G. s. 1469; R tion Operating a railroad, and may, in their discretion, at any
57- ' " time, cause the same to be copied, in whole or in part, for their
own information or for the information of persons owning
stock in such corporation.
Investigation gec. 2082. It shall be the duty of said Commissioners when
papers. ncccssary to investigate so much of the books and papers of all
i8^9 2^xx¥' ^^^ railroad companies doing business in this State as they may
13. ' " think proper, to ascertain if the rules and regulations as afore-
Personai visi- said havc been complied with, and to make personal visitations
^J°"r , of railroad offices, stations and other places of business for the
Rulesfor ..
examination, purpose of examinations and to make rules and regulations con-
OF SOUTH CAROLINA.
8oi
A. D. 1902.
cerning such examinations, which rules and regulations shall ^~-^v-^
be observed and obeyed as other rules and regulations as afore-
said: said Commissioners shall also have full pOM^er and au- Examination
' -"^ of agents and
thority to examine all agents and employes of said railroad ^i^pi°yes.
companies and other persons under oath and otherwise, in
order to procure the necessary information to make just and
reasonable rates of freight and passenger tariffs, and to ascer-
tain if such rules and regulations are observed or violated, and
to make necessary and proper rules and regulations concerning
such examinations, and which rules and regulations herein pro-
vided for shall be obeyed and enforced as all other rules and ^u^e's^'^'^"'^* *°
regulations provided for in this Chapter. The powers herein
conferred upon the Commissioners to fix passenger and freight ^° ^ legration
rates, joint and several, are hereby delegated to them by the
General Assembly, as fully as the General Assembly itself
could exercise them; and in arriving at their conclusions and
decisions as to what are just and reasonable rates, and in mak-
ing examinations for such purpose, they shall have the powers
conferred in Sections 2077, 2078, 2079 ^^^ 2080 for securing comi^ssione?s
the attendance of witnesses, reports and testimony of officers, ^^J°g^jJ|"j^®|^^
agents or employes of railroad companies, and for the produc-
tion of books and papers ; and for violation of the provisions of penalties
this Section the same penalties are hereby imposed as are pro-
vided in said Sections respectively; and such witnesses shall
receive the compensation prescribed in Section 2077. Said^^^^^^ °^ ^'*'
passenger rates shall not exceed those allowed by Section 2165.
ARTICLE V.
Provisions as to Discrimination and Unreasonable
Charges.
2083. Charges of unreasonable rates,
extortion.
2084. Unjust discrimination pro-
hibited.
2085. Charges to be in proportion to
distance.
2086. Same ; exceptions.
2087. Further exceptions.
2088. Continuous carriage.
2089. Itemized bills of lading.
2090. Consignee may require settle-
ment by.
2091. Cotton, how classified.
Sec.
2092. Commissioners to make rates,
regulations, &c.
2093. Commissioners to make sched-
ules of rates, &c., and penal-
ty for failure to post sched-
ules.
2094. Commissioners to fix storage
charges on freight.
2095. Discrimination and excessive
charges prohibited.
2096. Penalty for.
5I.-C
802
CIVIL CODE
A. D. 1902.
Sec.
2097. Connecting roads not to dis-
criminate in delivering
freight.
2098. Connecting roads not to dis-
criminate in receiving
freiglit.
2099. Connecting roads not to dis-
criminate in rates of freight.
2100. Construction of term "Rail-
road Company," &c.
2101. Cars to be received and deliv-
ered on equal terms.
2102. Receiving cars from connect-
ing lines.
2103. Through bills of lading to be
recognized.
2104. Facilities to be furnished for
receiving and forwarding
freight.
2105. Shipper to designate route.
2106. Penalty for violation.
2107. Interchange of freight.
2108. Facilities for.
Sec.
2109. When companies are required
to connect tracks.
2110. Rights of way for such pur-
pose.
2111. Crossing one track by another.
2112. Transfer of cars.
2113. When companies may connect
tracks.
2114. Right to use franchise.
2115. Connecting roads operated by
same company regarded as
one.
2116. Penalty for violation of rules.
2117. Remedies for injuries to per-
sons.
2118. Duplicate freight receipts to
be issued.
2119. Mandamus may issue to en-
force this chapter.
2120. Names and residences of di-
rectors to be filed.
Charge of un-
r e a s o n a ble
rates.
R. S. 1646;
1892, XXI., 10.
Dec lared to
be extortion.
Punishment.
Unjust d i s-
c r i m i nation
prohibited.
lb.
R. S. 1647;
Punishment.
Section 2083. If any railroad corporation organized or doing
business in this State under the Act of corporation, or general
law of this State now of force, or which may hereafter be
enacted, or any railroad corporation organized, or which may
hereafter be organized, under the laws of any other State, and
doing business in this State, shall charge, collect, demand or
receive more than a fair and reasonable rate of toll or compen-
sation for transportation of passengers or freight of any de-
scription, or for the use and transportation of any railroad car
upon its tracks, or any of its branches, or upon any railroad
within this State which it has the right, license or permission
to use, operate or control, the same shall be deemed guilty of
extortion, and upon conviction thereof shall be fined in a sum
not less than one hundred nor more than one thousand dollars.
Sec. 2084. If any railroad corporation, as aforesaid, shall
make any unjust discrimination in its rates and charges
of toll as compensation for transportation of passengers or
freights of any description, or for the use and transportation
of any railroad car upon its said road or upon any of the
branches thereof, or upon any railroads connected therewith
which it has the right, license or permission to operate or con-
trol within this State, the same shall be deemed guilty of hav-
ing violated the provisions of this Chapter and upon conviction
thereof shall be fined in a sum not less than one hundred nor
more than one thousand dollars.
OF SOUTH CAROLINA.
It shall be unlawful for any person so engaged as aforesaid,
or person engaged solely in the shipment or receiving of prop-
erty,' directly or indirectly, to allow or receive any rebate,
drawback or other advantage, in any form, upon shipments
made or services rendered or received by them as aforesaid.
Sec. 2085. It shall be unlawful for any such person or per- , Charges must
-' -"^ J^ be in propor-
sons so engaged as aforesaid to charge, collect or receive for^^*^°^ ^° '^^^-
the transportation of any passenger or freight of any descrip- —^ — g ^^^^:
tion upon its railroad for any .distance within this State the^g., ^-s^y^f ^
same or a greater amount of toll or compensation than is at the ^^'^■
same time charged, collected or received for the transportation ,
° ' ^ As to charges
of any passenger of the same class or like quantity of freight f°r passengers
of the same class over a greater distance of the same railroad ;
or to charge, collect or receive at any point upon its railroad a
higher rate of toll or compensation for receiving, handling or
delivering freight of the same class and quantity than it shall
at the same time charge, collect or receive at any point upon the
same railroad ; or to charge, collect or receive for transporta-
tion of any passenger or freight of any description over its
railroad a greater amount as toll or compensation than shall at
the same time be charged, collected or received by it for the
transportation of any passenger of the same class or like quan-
tity of freight of the same class being transported over any por-
tion of the same railroad of equal distance; or to charge, col-
lect or receive from any person or persons a higher or greater
amount of toll or compensation than it shall at the same time
charge, collect or receive from any other person or persons for
receiving, handling or delivering freight of the same class and
like quantity at the same time upon its railroad ; or to charge,
collect or receive from any person or persons for the transpor-
tation of any freight upon its railroad a higher or greater rate
of toll or compensation than it shall at the same time charge,
collect or receive from any person or persons for the transpor-
tation of a like quantity of freight of the same class being
transported from the same point over equal distances of the
same railroad; or to charge, collect or receive from any person As to dis-
' ° ' -' -t^ crimination m
or persons for the use and transportation of any railroad car charges for
or cars upon its railroad for any distance the same or a greater
amount of toll or compensation than is at the same time charged,
collected or received from any other person or persons for the
use and transportation of any railroad car of the same class or
number for a like purpose being transported over a greater
CIVIL CODE
distance of the same railroad ; or to charge, collect or receive
from any person or persons for the use and transportation of
any railroad car or cars upon its railroad a higher or greater rate
of toll or compensation than it shall at the same time charge, col-
lect or receive from any other person or persons for the use and
transportation of any railroad car or cars of the same class or
number for a like purpose being transported from the same
point over an equal distance of the same railroad. And all
crfminVtfng^^^^ discriminating rates, charges, collections or receipts,
draw-backs^'"r whether made directly or by means of any rebate, drawback or
evasions. other shift or evasion, shall be deemed and taken against such
person or persons so engaged as aforesaid as prima facie evi-
dence of the unjust discrimination prohibited by the provisions
Construction of this Article.
of Section.
This Section shall not be construed so as to exclude other
evidence tending to show any unjust discrimination in freight
A p p lication ° ^, . . ^ , . „ . , -
of preced i n g and passcugcr rates. The provisions of this Section and the
Sections. „ . , ,, ., .
two preceding Sections shall extend and apply to any railroad,
the branches thereof, and any road or roads which any such
person or persons so engaged as aforesaid has the right, license
or permission to use, operate or control wholly or in part within
Proviso as to -^ -^ , . , . . -
issuing certain this State I Provided, however, That nothing herein contained
shall be so construed as to prevent such person or persons so
engaged as aforesaid from issuing commutation, excursion or
thousand mile tickets as the same are now issued by such cor-
porations.
Is not applicable to interstate commerce. — R. R. Commissioners v. R. R., 22
S. C, 220; Hall V. R. R., 25 S. C, 564; Sternberger v. R. R., 29 S. C, 510; 7
S. E., 846.
shorter^hauis?"^ Scc. 2086. It shall be unlawful for any person or persons
G. s. 1443; R. engaged in the transportation of property as provided in Sec-
XIX., 790. ' tion 2083 of this Chapter, to charge or receive any greater com-
pensation for carrying, receiving, storing, forwarding or
handling articles of the same character and description for a
shorter than a longer distance in one continuous carriage;
includes.^ ^°^ and the road of a corporation shall include all the road in
Proviso as to use by such corporation, whether owned or operated under a
po^nTs.^ ^ ' '^* contract or lease by such corporation : Provided, That nothing
in this Chapter contained shall be construed so as to require
any corporation or combination of corporations to regu-
late their charges for shorter distances by their proportion
of through rates between terminal or junctional competi-
OF SOUTH CAROLINA.
tive points : Provided, further, That if one corporation should
use, operate or otherwise control, wholly or in part, ^^'^''- o^^^sIme.^°z^-
eral lines or divisions of hitherto independent railroads p"""^*^'"*^-
within the State, the Commission may in their discretion, ^^^^p^^'^^^^^^^^j.^
conjointly with the said corporations, fix different rates of toll '^"gf^j^f •=- '''■
or compensation for freight traffic on each of said hitherto in-
dependent lines or divisions : Provided, further. That the rail-
road Commission, conjointly with the railroad companies, shall
have authority to make special rates for the purpose of devel-
oping all manufacturing, mining, milling and internal im-
provements in this State.
What is terminal point? Steinberger v. R. R., 29 S. C, 510; 7 S. E., 846.
Sec. 2087. Nothing in this Chapter shall apply to the car- ^^ e x c^eptwns
riage, receiving, storing, handling, or forwarding of property '^^{^^"-^^^ freight
carried for the United States, or any State thereof, at lower ^ g ^.^^. ^
rates of freight and charges than for the general public, or to ^^^ I'^^o^ -^^•'
the transportation of articles free, or at reduced rates of freight,
for charitable purposes, or to or from public fairs and exposi-
tions for exhibition.
Sec. 2088. Each and all of the previsions of this Chapter cottfnuiuf o?
shall apply to all property, and the receiving, delivery, loading p^^^^^^";^^'^'^''"
unloading, handling, storing, or carriage of the same on one q. s. ui5;R.
actually or substantially continuous carriage, or as part of such f^^_ |^|^; ^^■•
continuous carriage, as provided for in Section 2083 of this
Chapter; and the compensation therefor, whether such prop-
erty be carried wholly on one railroad or partly on several rail-
roads, and whether such services are performed or compensa-
tion paid by or to one person alone or in connection with an-
other or other persons.
Sec. 2089. Whenever any article or articles of freight shall ^ n*l°i uVF to
be shipped to any point within the limits of this State, whether j^dTng^'^ ^'^^ °^
shipped from a point beyond the limits of this State or not, it q g. 1446; r.
shall and may be lawful for the consignee or consignees of said Ix.f sri ^^^'
articles to demand and receive from the agent or agents of the
railroad company delivering the same, and before the payment
of any charges upon the same, a full and correct statement of
said charges, the class or classes to which each and every of the
.articles belong, the rates of freight charged for each class and
showing the total amount to be paid by said consignee or con-
signees together with the proportion of the same to be paid to
each road over which, or any part of which, said freight may
have passed, whether such road be beyond the limits of this
8o6 CIVIL CODE
A. D. 1902.
^^"^"^"^^^^Q State or not : Provided, That should such itemized statement
fJe°d"biii. ^*^" "°^ ^^ incorporated in the way bills the agent or agents shall
deliver the articles on the payment of freight and procure as-
soon as possible such required items when demanded. If any
Correction of ^rrors should then appear, the same shall be immediately col-
errors. Icctcd by such agcut or agents.
Penalty for failure to give information required by preceding Section. See Crimi-
nal Code.
m^y" req^uli-e ^60. 2090. lu all cascs the railroad company delivering
penaky.^™^"*^' ^^^^g'^^^s ^^ Consignees shall be required to settle their freight
G s. 144S; R. charges according to the contract as set forth in the bill of
|g 1654; lb., § lading from the shipping point, and they are hereby forbidden
to retain the article of freight after the consignee ofifers and is
ready and willing to comply with the terms of said bill of
lading.
classified; p?^ ^^^- 2091. All cottou packcd in bales transported by common
^'^°- ^carriers within the limits of this State shall be classed as "heavy
s.*^i6l5^*7b'.,^§ feOo^s" — that is to say, an article to be weighed, and charged
^^- for and treated accordingly : Provided, That any common car-
rier, before receiving such cotton for shipment, shall have the
right to demand from the shipper the weights of the several
bales thereof, and to adopt the same as the weights upon which
freight is to be charged ; and in case of loss, no recovery shall
be had by any shipper for a greater amount than the weights
so furnished by him.
ers^°t^™nak"e Scc. 2092. The Commissioners elected as hereinbefore pro-
passenfe^r* tar^ vidcd shall, as providcd in the next Section of this Chapter,
^3t make reasonable and just rates of freight and passenger tariffs,
1892', xxi."^,*^!!! to be observed by all railroad companies doing business in this
State on the railroads therein; but said passenger rates shall
not exceed the maximum prescribed in Section 2165 ; they shall
and"reVui^a^make reasonable and just rules and regulations to be observed
^'°"^- by all railroad companies doing business in this State, as to
charges to any and all points for the necessary hauling and de-
livery of all freights; shall make such just and reasonable rules
and regulations as may be necessary for preventing unjust dis-
crimination in the transportation of freight and passengers on
Joint rates, the railroads in this State ; shall have have the power to make
just and reasonable joint rates for all connecting roads doing
business in this State, as to all traffic or business passing from
scheduler's!''*'"^ One of Said roads to another, and to require the making of such
OF SOUTH CAROLINA.
connection at intersecting points of the schedules of trains as
the public convenience may in their judgment demand : Pro-
vided, however, That before applying joint rates to roads that
are not under the management and control of one and the same gi^^'u) ^com^
company the Commissioners shall give thirty days' notice toP^"'^®-
said roads of the joint rate contemplated and of its division Hearing.
between said roads, and give hearing to roads desiring to ob- ^^ ^^ ^^^^ ^""^
ject tO' the same; shall make reasonable and just rates of
charges for use of railroad cars carrying any and all kinds of
freight and passengers on said railroad, no matter by whom
owned or carried, and shall make just and reasonable rules and
regulations to be observed by said railroad companies or rail-
roads, to prevent the giving or paying of any rebate or bonus, ^^^^g^g^® ^^^
directly or indirectly, and from misleading or deceiving the
public in any manner as to the real rates charged for freight
and passengers : Provided, That nothing in this Chapter shall to^inter^s^a t^e
be taken as in any manner abridging or controlling the rates '^°™"^^'''^^-
for freight charged by any railroad company in this State for
carrying freight which comes from or goes beyond the boun-
daries of the State, and on which freight less than local rates
on any railroad carrying the same are charged by such railroad,
but said railroad companies shall possess the same power and
right to charge such rates for carrying such freights as they pos-
sessed before the passage of this Chapter, and Commissioners
shall have full power, by rules and regulations, to designate andshS°t hfuis."'^
fix the difference in rates of freight and passenger transporta-
tion to be allowed for shorter and longer distances on the same
or different railroads, and to ascertain what shall be the limit of
longer and shorter distances.
Regulations as to hours for ticket office to be open — Hall v. S. C. Ry. Co., 25
S. C, 564-
Sec. 2093. The said Railroad Commissioners are hereby au- ers*^°t^"Ji'|Te
thorized and required to make for each of the railroad corpo- ^^'=^|'gf "^^g^^^^^^
rations doing business in this State, as soon as practicable, a ^^^\i, hTpost-
schedule of just and reasonable rates of charges for transporta- ^^i_f^^I^f^__
tion of passengers and freight and cars on each of said rail- j^^- § ^2. ^^^'^''
roads, and said schedule shall, in suits brought against any
such railroad corporations wherein is involved the charges of
any such railroad corporation for the transportation of any pas-
senger or freight or cars, or unjust discrimination in relation
thereto, be deemed and taken in all of the Courts of this State
as sufficient evidence that the rates therein fixed are just and
8o8 CIVIL CODE
A. D. 1902.
"■"""^v^""^ reasonable rates of charges for the transportation of passengers
and freights and cars upon the railroads ; and said Commis-
sioners shall from time to time, and as often as circumstances
may require, change and revise said schedule. When any
schedule shall have been made or revised it shall be the duty of
all such railroad companies to post at all their respective stations
a copy of said schedule for the protection of the people: Pro-
vided, That the schedules thus prepared shall not be taken as
evidence as herein provided until schedules have been prepared
and published as aforesaid for all the railroad companies now
organized under the laws of this State or that may be organized
at the time of said publication. All such schedules purporting
to be printed and published as aforesaid shall be received and
held in all such suits as prima facie the schedules of said Com-
mis'sioners without further proof that the production of the
schedule desired to be used as evidence, with a certificate of the
Railroad Commission that the same is a true copy of the sched-
ule prepared by them for the railroad company or corporation
therein named, and that the same has been duly published as
required by law: Provided, That thirty days' notice of any
change or revision of the schedule of rates shall first be given
to the railroad company to be affected thereby before the same
shall go into effect.
Penalty for Auv railroad corporation which shall fail to post at any of
failing to post -' ^ ....
schedules. Jts Stations a copy of the schedule of rates as provided m this
1898, XXII., Section, shall be liable to a penalty of one hundred dollars for
each and every day in which it shall fail to post such schedule,
to be recovered by any citizens who will sue therefor, one-half
of such penalty to go to the State, the other half to the citizen
suing for the saine.
R. R. Com- Sec. 2094. Power is hereby conferred on the Railroad Com-
mission to nx -^ _
storage charg- missiou of South Carolina, and they are required to fix and pre-
es on freight. ^ y j. sr
1901 XXIII scribe a schedule of maximum rates and charges for storage of
719- '. freight made and charged by railroad companies doing business
in this State, and to fix at what time, after the reception of
freight at place of destination such charges of storage shall
begin, with power to vary the same according to the value and
character of the freight stored, the nature of the place of desti-
nation, and residence of consignee, and such other facts as in
their judgment should be considered in fixing the same.
All the provisions of the Act creating said Railroad Commis-
sion, and Acts amendatory thereof, prescribing the procedure
OF SOUTH CAROLINA.
of said Commission in fixing- freight and passenger tariffs, and
hearing complaints of carriers and shippers, and of altering and
amending said tariffs, shall apply to the subject of fixing and
amending rates and charges for storage, as aforesaid.
Sec. 2095. No railroad company shall make or retain, ^^^^ ^g^j[^™'"^;
directly or indirectly, any charge for storage of freight greater esTrohiwted^°
than that fixed by the Commission for each particular storage, j^
nor shall they discriminate directly or indirectly by means of
rebate, or any other device in such charges, between persons.
Sec. 2096. If any railroad company shall violate the pro- ^ ?^^?^*;^^^° ^
visions of Section 2095, either by exceeding the rates of °har-es^^ ^ ^ ^ ^
storage prescribed, or by discriminating, as aforesaid, the per- —
son or persons so paying such overcharge, or subject to such
discrimination, shall have the right to sue for the same in any
Court of this State having jurisdiction of the claim, and shall
have all the remedies, and be entitled to recover the same
penalties and measures of damages as is prescribed in the case
of overcharge of freight rates, upon making like demand as is
prescribed in such case, and after like failure to pay the same. ^^^ nectino-
Sec. 2097. It shall not be lawful for any railroad company, [aii^oads ^n^t
chartered by this State, to discriminate against any railroad "^^^-
company which may connect with it, either at one of its termi-^^^^ ilbs-'^ib'
nal stations, or at any intermediate point on its line where said ^22, § 59.
companies have stations and agents established, by neglecting
or refusing to deliver with due diligence to said connecting
road, in the yard or on the track of the same, all cars wholly or
partly loaded with freight consigned to points on said connect-
ing road, or to points beyond its line; but in all cases where
freight is to be delivered to a connecting road to complete its
transportation, such delivery shall be made by the railroad
which brought the freight to the connecting point, and no ad-
ditional charge shall be made therefor: Provided, however,
That said delivering road may demand of its connections pay-
ment of all charges which have accrued thereon, on or before
delivery of said freight on the tracks or in the yards of its con-
necting road.
Sec. 2098. It shall not be lawful for any railroad company, Not to dis-
. . - . criminate b y
chartered by this State, to discnmmate m favor of or agamst refusal to re-
. . ceive freight.
any railroad company which may connect with it, either at one — r— —
of its terminal stations, or at an intermediate point on its line s. iesb; ib'., §
where said companies have stations and agents established,
as aganst any other railroad company which may connect with
8io CIVIL CODE
A. D. 1902.
^""^■^^^"^ it, at the same station or point, by refusing either to receive
freight for shipment, or to issue through bills of lading, at
equal rates of freight for the same, to any one given destina-
tion, reached by any or all of such connecting roads, or their
connections, for which freight is received, or through bills of
lading are issued, to be forwarded by any other of such con-
necting roads at the same point : Provided, however, If any of
said connections shall refuse to transport freight from its own
terminus to the ultimate destination of said freight at the same
rate as is charged by any other connections at the same point,
then the initial road shall be released from the provisions of this
Section, and the said connecting road shall not be entitled to the
benefit of its provisions.
criminate '^in Scc. 2099. It shall uot bc lawful for any railroad company,
freight.^ ° ^ chartered by this State, to discriminate in its rates of freight
gT'sTuts^ ^^ favor of or against any railroad company which may con-
Sk ^' xvil' "^ct with it, either at one of its terminal stations, or at any
822, § 61. intermediate point on its line ; but in all cases the charges on
freight of the same character, having the same original point
of shipment and the same destination, shall be uniform to and
from all lines making connection with the said railroad at the
same point.
ofST/m^'r^r- Sec. 2100. In the construction of the three preceding Sec-
pa°ny." wh^t tious, the term railroad company chartered by this State shall
Itl" sTbarto be held to mean each railroad company holding its franchise
this Chapter, ^^dcr a Separate charter granted by this State ; and no owner-
R.^' s^' leeij ship or shares of the capital stock of one 'corporation by another
lb.. S23, § 62. corporation, nor any lease, contract or other agreement between
corporations or individuals, shall operate as a bar to the pro-
visions of this Chapter ; but each corporation so chartered shall
deal with all its connections at any one point on the same terms,
and shall afford the like usual facilities for the interchange of
freight between all of its connections at the same point; and
any contract, combination, joint ownership or joint manage-
ment contrary to the provisions of this Article shall be null, void
and of no effect,
r e^iTv^cars Sec. 2101. All railroad companies in this State shall, at the
^'^°"' ,n\quai terminus of any intermediate station, be required to switch off
roads on
terms
ion as
\l°^lt and deliver to the connecting road having the same gauge, m
bates, fr a u d, ^^^ ^^^^ q£ ^j^^ latter, all cars passing over their lines, or any
R. s. 1662; portion of the same, containing goods or freights consigned,
1887, XIX., 822, ^ii-^QT^it rebate or deception, by any route, at the option of the
OF SOUTH CAROLINA. 8ii
A. D. 1902.
shipper, according to customary or published rates, to any point ^"— "^v^*^
over or beyond such connecting road ; and any failure to do so,
with reasonable diligence, shall render the railroad company so
failing liable to the owner or consignee for all damages that
may result therefrom with interest and all costs and disburse-
ments. Should the defendant in any suit brought under this
Section set up as a defense that the plaintiff has accepted a re-
bate, or practiced fraud or deception touching the rate, it shall
be a complete reply to such defense if the plaintiff can prove
that defendant or its agents has allowed a rebate or rebates, or
practiced like fraud or deception, from the same competing
points against the rival line.
Sec. 2102. All railroad corporations organized or doing busi- Railroads to
'■ . receive cars
ness in this State under the Act of Corporation or General from connect-
ing lines.
Law of this State now of force or which may hereafter be en- ^^„ •
■' . 1896, XXII.,
acted, and all railroad corporations organized or which may be ii9
hereafter organized under the laws of any other State and doing
business in this State, shall be compelled to receive, deliver to
and handle at each of their junctions or terminal points in this
State all cars or trains of a connecting line bound to or from
any point upon its own line or beyond, upon the same terms
and same charges, either by way of trackage or by way of its
proportion of the entire rate charged upon said cars, trains or
freight, that it charges or demands either under the law or by
contract or agreement with any other railroad connecting with
it at said junction or terminal point where it performs the same
or similar service for "each of said railroads, and shall furnish
the same facilities to each of said railroads.
Sec. 2103. No railroad doing business in this State shall be Must recog-
° _ nize through
allowed to refuse to issue or recognize a through bill of lading bijis^of lading.
between competitive points when issued over or by one rail- -—
road with which it connects unless it issues and recognizes the
same where goods are shipped to or from said points over any
other competitive railroad with which it connects reaching said
point, and that the said railroad shall not charge nor receive
for said goods passing over its lines, either by law of local
freight, or a division of a through freight rate, a greater sum
when said goods are shipped by or over one line of railroad
with which it connects than it would charge or receive when
said goods are shipped by or over any other line of railroad
with which it connects : Provided, however, That nothing here-
in contained shall prevent any such railroad from demanding
8i2 CIVIL CODE
A. D, 1902.
''""■^^"■''^"^ payment of its charges in advance of performing said service of
carrying said goods, or from limiting its liability to losses or
damage to said freight upon its own line by a clause inserted in
said bill of lading.
recdving^l n°d ^^^' 2104. Evcry railroad company doing business in this
f reight ^ to'^' be ^^^^^ working railways which form part of a continuous line
furnished. q£ railway communication shall afiord all due and reasonable
facilities for receiving and forwarding by one of such railways
all the traffic, freight or passengers arriving by the other, with-
out any unreasonable delay and without any preference or ad-
vantage, or prejudice or disadvantage, and so that no obstruc-
tion may be offered to the public desirous of using such rail-
To other rail- ways as continuous line of communication, and so that all
roads. reasonable accommodation may, by means of the railways of
the several companies, be at all times afforded to the public in
that behalf.
The above mentioned facilities and benefits shall be aft'orded
as well to other railroads as to the public.
havi" the^rlght Scc. 2105. All pcrsons shipping from, into, within or through
route.^'^ "" ^ ^ ^ this State shall have the right to designate the route or
jb, routes by which said goods shall be shipped, and it shall
be unlawful for any corporation or person other than the holder
of the bill of lading to vary said routing so designated, or to
ship the same by any other route, or to receive said goods if so
diverted, unless the route so designated shall be interrupted or
incapable of being used at the time by strike or casualty, pre-
venting the running of trains thereof,
vioiltioni "'^ Sec, 2106, Any transportation company violating the pro-
Jb. visions of any of the Sections 2102, 2103, 2104 and 2105, wil-
fully or knowingly shall be subject to a suit for each violation
thereof at the instance of any person or owner of goods, or
other persons or corporations, and upon proof of such violation
the said party instituting the same shall be entitled to recover a
penalty of five hundred dollars for such violation. Each viola-
tion of said Sections shall constitute a separate cause of action.
inSh'an%*e ^^^- ^^^'^- ^^ ^hall be Unlawful for any railroad chartered or
freights operated in this State to refuse to pay any carrier on traffic
_^^i896, XXII., delivered at any of the terminal or junction points such freight
charges as may have accrued from original point of shipment
to the terminal or junction points, wherever delivery may be
made, and to which at current rates the carrier making such de-
livery and previous carriers interested may be justly entitled
OF SOUTH CAROLINA. 813
A. D. 1902.
to whenever the same may be collected by the road making the '^ ^^^^
delivery to consignee: Provided, That the total amount of
freight charges does not exceed any amount equal to one-half
the market value of the property involved : And also provided,
That this does not apply on property which, from its nature,
is classed as "prepaid freight," or which may be destined for
points designated and conducted as prepaid stations, of which
due public notice has been given : Provided, further. That such
carriers shall afford to such railroad company or companies
making the delivery to the consignee the same advantages and
facilities, in the handling and interchange of business, that it
affords any other railroad at the same point.
Sec. 2108. Railroads subject to this Article shall afford alliJg=',^;^'J[^^|e^?o
reasonable, proper and equal facilities for the interchange of ^^ ^'^^"^'^^'^•
traffic between its own road and other carriers, whether at ter-
minal or junction points, for the receiving, forwarding and de-
livering of freight and passengers to and from points on its
line or lines beyond, and shall not discriminate in its rates or
charges between or against any such connecting carriers.
Sec. 2109. Whenever the lines of railroad of two or more ^ o ad compaii-
corporations may now, or hereafter, enter or pass through tbe^^^ co'^nie^ct
corporate limits of any city or town in said State, the corpora- ^!!!_i
tions owning the same are hereby required to build such con- ^^l '
necting tracks as may be necessary to effect an actual connec-
tion of such lines for the purpose of interchanging and deliver-
ing cars and freight in car load lots ; the entire reasonable cost
of construction and maintenance of such connecting track to be
borne by said railroad corporations, whose tracks are so con-
nected, m such ratable proportion as shall be determined and
adjusted by the Railroad Commissioners of this State. Failure ^'^^^^y.
to comply with the provisions of this Section for six months
after the passage of this Section, or for six months after the
building of any new line of railroad into any such city or town,
shall subject each and every such corporation so failing, to a
penalty of twenty-five dollars per day, to be recovered in an ac-
tion by any citizen of such city or town, one-half for his own
benefit and the other half for the benefit of the State of South
r 1 M 1 i-- How penalty-
Carolina : Provided, That any one of such railroad corporations ^ay be avoid-
may relieve itself from liability to such penalty by giving notice
in writing within thirty days from the date when it shall become
liable to the operations of this Section, to the other corporations
so liable thereto, of its readiness to proceed with the construction
CIVIL CODE
of such connecting track ; and if the other corporation or cor-
porations so notified, shall fail to unite in such construction
within ten days after such written notice, the corporation giv-
ing such notice may proceed to the construction of such track,
and may recover of each and every other line so connected,
such proportion of the costs of such construction as shall be
determined by the Railroad Commissioners ; but the recovery
thereof shall not operate to discharge such delinquent corpora-
tion or corporations from liability to the penalty above im-
posed up to the time of the full completion of such connecting
track : Provided, however, That the Railroad Commissioners
shall have, and are hereby invested with, the power to suspend
the operation of the requirements of this Section at such junc-
Power oftional points as are hereinbefore specified when it can be
Railroad Com- '- _ -^
mission. shown, upou a full and fair hearing before them, that the erec-
tion and operation of such connection would be unreasonable
and unnecessary.
Rights of Sec. 2110. For the purpose of building such track, the right
way for con- '- '■ ^ _ '-'
necting track, of way may be taken over and across the property of either or
lb. all of such railroad corporations, and by and with the consent
of the Council- of such city or town, such connecting track may
be laid across or along any of the streets of such city or town,
or the public grounds thereof : Provided, That such compensa-
tion shall be made to abutting land owners as they may be en-
titled to by law. In case it should be necessary for such con-
necting track to cross any private property other than such as
above specified, then the right of condemnation is hereby given
under the provisions of this Code upon the subject, to be exer-
cised upon the application of either or all of such railroad cor-
porations.
Crossing one gec. 2111. In buildiug such connecting line the right is
track by an- c5 o o
°f ^RaTf r o a d §^'"^'^^^*^' uuder the supervision of the Railroad Commissioners,
Commissioners ^q j-^j^ across or along auv existing track at grade, and anv rail-
in re lation ?5» O O'
'^^^'^^t°- road corporation building a new line into such city or town
^^- after the construction of such connecting track shall be required
to connect its line with such track, and to pay to each and every
such corporation owning such track a part of the costs thereof,
which said part of the costs shall be fixed and determined by
the Railroad Commissioners.
tranlferrl°d— ^^^- ^l^^' ^^ ^hall be the duty of all railroad corporations
fees for. whosc tracks shall be so connected to transfer to any other rail-
road track any car or cars upon demand of the consignee or
OF SOUTH CAROLINA. 815
A. D. 1902.
owner of the freight in said car or cars, at such transfer charges ^^— "v^^^
as may be fixed by the Railroad Commission, not to exceed one
dollar per car in any case ; empty cars to be returned free. Fail-
ure to comply with the written demand of the consignee or ^ a^^iTn^ ^t'o
owner within twenty- four hours, shall subject the railroad cor- *''^^^^^''-
poration so failing to a penalty of one dollar per hour so long as
such failure may continue, to be deducted from the freight bill
of such owner or consignee, or to be recovered by an action of
law, unless it be determined by the jury to be reasonably im-
practicable for such railroad corporation to make such transfer
within said time.
Sec. 2113. When any railroad company owning, leasing or ^^ A^^j^t^^^^^i^^j^^g^
operating a railroad in or through any part of this State shall iss?, xix.,
have its terminus or any part of its track at or near the termi- ^^•
nus of any other railroad in this State having the same gauge,
or shall cross the same, said railroad company shall have the
right, and is hereby authorized, to join its track, by safe and
proper switches, with said other railroads, and for this purpose
shall have the right to enter upon the right of way of said other
railroad : Provided, That if the railroad with which such con-
nection is proposed shall refuse to join in expenses for the same ^^p^"^^^-
the railroad proposing the connection shall pay them.
Sec. 2114. Should any railroad company refuse to allow the franchise" "^^
connecting switches put in its line, when requested under Sec- J^^
tion 21 13, it shall and may be lawfuL for the other road
seeking such connection to proceed to procure the right to use
so much of the franchise of the former as may be necessary for
such purpose, in the manner now provided by law for private
property taken for use of any railroad.
Sec. 2115. All connecting railroads doing business in this 1-0^° to ^oper^
State, and under the management or control, by lease, owner- when^operate^d
ship, association or otherwise, of one and the same person, pany.^™^ '^°^'
firm, corporation or association, shall for purposes of transpor- iggg, xxii.,
tation, in applying freight and passenger tariflfs, be considered ■^■^®"
as constituting but one and the same road, and the rate shall be
computed as upon parts of one and the same road unless other-
wise specified by the Railroad Commission.
Regarded as one road for purpose of license tax. — So. Ry. Co. v. City Council
of Greenville, 45 S. C, 602; 23 S. E., 953.
Sec. 2116. If any railroad company doing business in this violation of
State, by its agents or employes, shall be guilty of a violation — ^ g ^^^^_
of the rules and regulations provided and prescribed by said is92, xxi., u.
8i6 CIVIL CODE
A. D. 1902.
'^■"^^■^'^ Commissioners, and if, after due notice of such violation given
After notice. ^^ ^-j^^ principal officer thereof, ample and full recompense for
■b^ made'^^ ^^^ wrong or injury done thereby to any person or corporation,
as may be directed by said Commissioners, shall not be made
within thirty days from the time of such notice, such company
shall incur a penalty for each offense of not less than one
faihfre^^*^^ ^""^ thousaud dollars nor more than five thousand dollars, to be
\ c t i on for ^^cd by the presiding Judge. An action for recovery of such
recovery. penalty shall lie in any Court in the State where such violation
has occurred or wrong has been perpetrated, and shall be in
^ How institut- ^j^,g j^^j^g Qf ii^Q State of South Carolina. The Commissioners
shall institute such action through the Attorney General or any
of the Solicitors of this State,
persons"^ ^° Scc. 2117. If any railroad company doing business in this
R. s. 1667; State shall, in violation of any rule or regulation provided by
^^- the Commissioners aforesaid, inflict wrong or injury on any
Recovery, pcrsou, such pcrsou shall have a right of action and recovery
for such wrong or injury in the County where the same is done
in any Court having jurisdiction thereof, and the damages to
Damages. ^^ recovered shall be the same as in actions between individuals.
Limitation of except that in cases of wilful violation of law such railroad com-
^™^- panics shall be liable to exemplar}^ damages : Provided, That all
suits under this Chapter shall be brought within twelve months
of the commission of the alleged wrong or injury.
ceFpts.""^^^ ^^" Sec. 2118. All railroad companies in this State shall on de-
■^ s. 1669; niand issue duplicate freight receipts to shippers, in which shall
^^- be stated the class or classes of freights shipped, the freight
charges over the road giving the receipt, and, so far as practi-
cable, shall state the freight charges over other roads that carry
D e livery of such freight. When the consignee presents the railroad receipt
goods. ^Q ^YiQ agent of the railroad that delivers such freight, such
agent shall deliver the articles shipped on payment of the rate
charged for the class of freights mentioned in the receipt. If
Penalty. ^^^, railroad company shall violate the provisions of this Ar-
ticle, such railroad company shall incur a penalty to be fixed and
collected as provided in Section 21 16.
refuirfTo'm" Scc. 2119. If any railroad company shall neglect or refuse
piiance. ^^ comply with the provisions of this Chapter or with the rules
ib^' ^' ■^^'°' and regulations prescribed by said Commissioners within the
limits of their authority, such company shall be subject to a
writ of mandamus, to be issued by any Justice of the'Supreme
Court, or Circuit Judge, upon application of the Commis-
OF SOUTH CAROLINA.
P u nishment
disobedi-
ence.
sioners, or a majority of them, to require compliance with said
laws or said rules and regulations, and failure to comply with
said writ of mandamus shall be punishable as for contempt ; ^ ^
and for any wilful violation of any of said laws, or failure to
comply with the requirements of such rules or regulations, the
Court may award such costs and counsel fees, on the return of counseWees.'^'^
said writs, and after due deliberation thereon, as may be just.
Sec. 2120. All railroad companies owning or operating a j. ^^^ -^gnces^of
line of railroad situated in whole or in part within the limits Directors. ^"^
of this State shall deposit with the Railroad Commissioners a ^^_^ ^j _ 7
list containing the names and residences of the President and
Board of Directors of the railroad company owning or operat-
ing the said line of railroad.
ARTICLE VI.
Regulations as to Running Trains on Sunday and
Carriage of Animals.
Sec.
2121. Trains prohibited from run-
ning on Sunday ; exceptions.
2122. Certain trains may run.
2123. Delayed by accident, &c., may
run to usual point of rest.
2124. Penalty for violation.
Sec.
2125. Cars must not be overloaded
with animals ; confinement
of, limited ; to be cared for ;
penalty ; proviso.
2126. Construction of certain words,
&c.
Section 2121. It shall be unlawful for any railroad corpora- ^ .
Trams p r o-
tion owning or controlling railroads operating in this State to iii^ited f r o m
^ _ ^ -^ ^ runningon
load or unload, or permit to be loaded or unloaded, or to run or s u n day; ex-
^ _ ceptions.
permit to be run, on Sunday, any locomotive, cars or trains of
cars moved by steam power, except as hereinafter provided, and xvir^'823^^^5
except to unload cars loaded with animals. 63.
Sec. 2122. Said corporations or persons may run on Sun-
^ _ ^ ■' What trains
day, during the months of April, May, June, July and Au-may run.
gust, trains laden exclusively with vegetables and fruits; and g. s._u76j^r.
on said day, in any and every month, their regular mail trains, xxiii., 721.
and such construction trains as may be rendered necessary by
extraordinary emergencies other than those incident to freight
or passenger traffic, and such freight trains as may be in
transitu which can reach their destination by six o'clock in the
forenoon : Provided, That the Railroad Commissioners shall
have the power (upon proper application made to them for the
purpose, by the officers of the church or religious denomina-
52.— C
5i8 CIVIL CODE
A. D. 1902.
^"^'""^'^ tions in charge of the place where such services are to be held)
to authorize and permit the running of trains on any Sunday in
the year for the transporting of passengers to and from re-
ligious services : Provided, The application for the permit and
the authority granted must both be in writing and made a part
of the records of said Railroad Commissioners,
acckfints^,*^ Sc.'^ Scc. 2123. Any train running by a schedule in conformity
usud point of with the provisions of this Chapter, but delayed by accident or
!!!!: L other unavoidable circumstance, may be run until it reaches the
s.^'ieieY^i'sal; point at which it is usual for it to rest upon a Sunday.
XVII., 823, § ggg_ 2124. For a wilful violation of the provisions of the
Penalty for three preceding Sections the railroad company so offending
''^°^^^'°"- shall forfeit to the State five hundred dollars, to be collected in
s.'^i677^^i&'.,''^S any Court of competent jurisdiction.
^^" Sec. 2125. No railroad company in the carrying or trans-
fa e'^^o'veHoaded portiug of auimals shall overload the cars, nor permit the
^ o^n ff nement animals to bc coufincd in cars for a longer period than twenty-
for;*pix)viso^^ eight consccutivc hours without unloading the same for rest,
G. s. 1479; water and feeding, unless prevented from so unloading by
lb., § 68. ^^'^^'' storm or other accidental causes. In estimating such confine-
ment, the time during which the animals have been confined
without rest on connecting roads from which they are received
shall be included, it being the intent of this Chapter to prohibit
their continuous confinement beyond the period of twenty-eight
hours, except upon contingencies hereinbefore stated. Animals
so unloaded shall be properly fed, watered and sheltered during
such rest by the owner or the person having custody thereof,
or in case of his default in so doing, then by the railroad com-
pany transporting the same, at the expense of the owner or the
person in custody thereof; and the said company shall, in said
case, have a lien upon said animals for food, care and custody
furnished, and shall not be liable for any detention of such
animals authorized by this Chapter. Any company, owner, or
custodian of such animals, who shall fail to comply with the
provisions of this Section, shall, for each and every such of-
fence, be liable for and forfeit and pay a penalty of not less
than fifty, nor more than five hundred dollars, to be paid to the
State Treasury : Provided, however, That when animals shall
be carried in cars in which they can and do have proper food,
water, space, and opportunity for rest, the foregoing provisions
in regard to their being unloaded shall not apply.
Held constitutional, and the company cannot relieve itself of the duties im-
OF SOUTH CAROLINA.
posed by special contract. Crawford v. So. Ry. Co., 56 S. C, 136; 34 S. E., 80;
Comer v. R. R. Co., 52 S. C, 37; 29 S. E., 637. It requires the carrier to feed and
water the stock in transit where the owner neglects to do so. It also requires the
carrier to furnish the owner with facilities to feed and water the stock. — lb.
The burden of proof is on the carrier to show compliance with the statute. —
Comer v. R. R. Co., supra; Swindler v. Milliard, 2 Rich., 286; Wallingford v. R.
R. Co., 26 S. C, 258; 2 S. E., 19; Baker v. Brinson; 9 Rich., 201; Johnstone v.
R. R. Co., 39 S. C, 55 ; 17 S. E., 512.
Sec. 2126. In Section 2125 the word "animal" or "animals"^
shall be held to include all brute creatures; and the word"
"owner," "person," and "whoever," shall be held to include |
corporations as well as individuals; and the knowledge and
acts of agents of and persons employed by corporations in re-
gard to animals transported, owned, or employed by or in the
custody of such corporations, shall be held to be the acts and
knowledge of such corporation.
ARTICLE VII.
Regulations for the Prevention of Accidents and Con-
cerning THE Responsibility Therefor.
Sec.
2127. Brakes and brakemen on cer-
tain trains.
2128. Trains to be equipped with
tools.
2129. Lamps and stoves regulated.
2130. Formation of trains.
2131. Trains crossing other tracks
to stop.
2132. Signals to be given at cross-
ings.
2133. Signs at crossings.
2134. Trains to stop at stations.
2135. Responsibility for damages
from fire.
2136. New railroads, when and how
opened.
2137. Notice and reports of acci-
dents.
2138. Liens of Judgments, for cer-
tain injuries.
2139. Remedy for injuries at cross-
ings.
2140. County Supervisor to examine
crossings.
2141. Power as to unsafe crossings.
Sec.
2142.
2143.
2144.
2145.
2146.
2147.
2148.
2149.
2150.
2151.
2152.
2153.
2154.
2155.
2156.
Flagman may be stationed at.
Appeal from County Super-
visor to Railroad Commis-
sioners.
To comply with decision of
civil engineer.
County Supervisors to report.
County Supervisors to keep
record.
County Supervisors to see
sign boards maintained.
Penalty for neglect of duty.
Railroad companies to main-
tain bridges.
Transportation of explosive
compounds.
To be packed and marked.
Punishment for violation.
Search warrant to issue.
Compounds forfeited when
seized.
Damages for injury by.
"Explosive compounds" de-
fined.
Section 2127. Every railroad corporation shall cause a good be"^ttached!^^
and sufficient brake to be attached to every car used upon its g. s. 1499;
railroad for the transportation of passengers, and to every car ^- ^^ ^^^^'
used for the transportation of freight, except four-wheeled
820 CIVIL CODE
A. D. 1902.
^^'•^v — ' freight cars used only for that purpose ; and shall cause to be
stationed on every passenger train trusty and skilful brakemen,
"^i^ned ^^^^ equal in number at least to one for every two cars in the train,
except on passenger trains, where power brakes are used, and
one such brakeman upon the last car of every freight train,
which must always be equipped with a good and sufficient
brake.
This Section requires brakes to gondola and flat cars having eight wheels. — Mew
V. C. & S. Ry. Co., 55 S. C, 90; 32 S. E., 828. As to mi.xed passenger and freight
trains and brakemen required, see Joyner v. Ry. Co., 26 S. C, 49; i S. E., 52.
In the absence of testimony to it contrary, a railroad company will be presumed
to have complied with this section. — Joyner v. R. R. Co., 26 S. C, 49; i S. E., 52.
In order that the company be held liable, the failure to comply must be the proxi-
mate cause of the injury. — Adkins v. R. R. 27 S. C, 71; 2 S. E., 849. Injury to
passeriger from defective coupling. — Stuckey v. Ry. Co., 60 S. C, 237; 38 S. E.,
416. Foreign cars. — Youngblood v. S. C. & Ga. R. R. Co., 60 S. C, 9; 38 S. E.,
232. Wallingford v. R. R. Co., 26 S. C, 258; 2 S. E., 19.
Trains shall ggc. 2128. Evcry railroad corporation shall equip each of its
be equ 1 p pe d -' -"^ _ ^ ^
with tools. trains, for use in case of accident, with such tools and appli-
T^ ^ ?ioo^^°^' ances as the Railroad Commissioners may direct.
K. b. lobi. -^
N htha &c ^^^' 2129. No passcngcr cars on any railroad shall be lighted
°oo dT r^e^e^^3' naphtha, or by any illuminating oil or fluid, made in part
\\i "^not^^be ^^ naphtha, or wholly or in part from coal or petroleum, or
used to light other substance or material which will ignite at a temperature
cars. *^ _ ^
— ;; — -■ ,.„, of less than three hundred degrees Fahrenheit. And all stoves
R. s. 1683. shall be securely fastened to their places. Any railroad cor-
Stoves shall pQj-ation which violates the provisions of this Section shall
be fastened. ^ _ ^
Penait for ^0^"^^^^ a sum not exceeding five hundred dollars,
violation. Sec. 2130. In forming a passenger train, baggage, or freight,
Formation of qj- rncrchandisc, or lumber cars shall not be placed in rear of
trains. ' '^
G. s. 1481; passenger cars.
fb f'70 ^^^^'' ^^^' 2131. Whenever any railroad crosses the track of any
c r 0 s s incr other railroad, it shall be the duty of the engineer, or person
to'^sto ^^^^^^' in control of the train, besides giving the signals required to
— Q g ^^gg. be given near all crossings, to bring the train to a full or
.j^g g 2^- ^^^^j*' complete stop before crossing the said track; the same rule to
824, § 71. apply to the running of a locomotive by itself, without a train.
Signals to be ggc. 2132. A bell of at least thirty pounds weight and a
given at cross- J r o
^"g^- Steam whistle shall be placed on each locomotive engine, and
R ^'' s^' 1685- ^^^^^ bell shall be rung, or such whistle sounded, by the engineer
lb., 825, § 72. QJ. fireman, at the distance of at least five hundred yards from
the place where the railroad crosses any public highway or
street or travelled place, and be kept ringing or whistling until
the engine has crossed such highway or street or travelled
place ; and if such engine or cars shall be at a stand-still, within
OF SOUTH CAROLINA. 821
A. D. 1902.
a less distance than one hundred rods of such crossing, such '"'^^-^^ '
bell shall be rung, or such whistle sounded, for at least thirty
seconds before such engine shall be moved ; and shall be kept
ringing or sounding until such engine shall have crossed such
public highway or street or travelled place.
See Sec. 2139, post. Constitutionality of Statute. — Kaminitsky v. R. R. Co., 25
S. C, S3-
Starting car standing across public way without giving statutory signal. — Burns
V. So. Ry. Co., 61 S. C, 404; 39 S. E., 567; Littlejohn v. Same, 49 S. C, 12; 2(>
S. E., 967; Littlejohn v. R. & D. Ry. Co., 45 S. C, 181; 22 S. E., 789. Neglecting
to give the statutory signals is negligence per se; Bowen v. So. Ry. Co., 58 S. C,
227; 36 S. E., 590; Hankinson v. R. R., 41 S. C, 19; 19 S. E., 206; Strother v.
R. R. Co., 47 S. C, 381; 25 S. E., 2T2; Smith v. Ry. Co., 53 S. C, 121; 30 S.
E., 697; Petrie v. R. R. Co., 29 S. C, 303; 7 S. E., 515; White v. R. R. Co., 30
S. C, 218; 9 S. E., 96.
The Statute only applies to "travelled places." — Hale v. R. R. Co., 34 S. C, 293;
13 S. E., 537; Neely v. R. R. Co., 33 S. C, 136; 11 S. E., 636.
But in an action at common law for negligence testimony as to failure to give
the statutory signals at a crossing a mile distant from scene of accident was held
competent. — Mason v. So. Ry. Co., 58 S. C, 70; 36 S. E., 440; Mack v. R. R.
Co., 52 S. C, 323; 29 S. E., 905.
A travelled place is a place where persons are both accustomed to and have a right
to travel— Hale v. R. R. Co., 34 S. C, 293; 13 S. E., 537; Barber v. R. R. Co.,
34 S. C, 450; 13 S. E., 630; Hankinson v. Ry. Co., 41 S. C, 20; 19 S. E., 206;
Risinger v. Ry. Co., 59 S. C, 433; 38 S. E., i; Strother v. R. R. Co., 47 S. C,
376; 25 S. E., 272.
Track held not to be a travelled place under the facts in Smalley v. Ry. Co.,
57 S. C, 243; 35 S. E., 493.
Mere failure to slacken speed of train when approaching a crossing is not, in
the absence of special circumstances, negligence. — Zeigler v. N. E. R. R. Co., 7 S.
C, 402; Fletcher v. Ry. Co., 57 S. C, 205; 35 S. E„ 515.
Duty prior to statute. — Murray v. R. R. Co., 10 Rich., 227.
Although the crossing be such as not to come under the Statute the failure to
give the signals may be negligence. — Fletcher v. Ry. Co., 57 S. C, 205; 35 S. E.,
515-
Sec. 2133. Every railroad corporation shall cause signs to be crossings.
placed, and constantly maintained, alongside of each public q. s. usi;
road or street where the same is crossed by the railroad on thcisgi, xx.,iii6!
same level. Said sign shall be elevated so as to be easily seen
by travellers, and on each side of the same shall be printed
in large letters the words "Railroad Crossing." But this Sec-
tion shall not apply to streets in cities, towns and villages unless
the corporation be required to put up such sign by the officers therein? e.x-
having charge of such streets.
White V. R. R. Co., 30 S. E., 218; 9 S. E., 96.
Sec. 2134. Every railroad company in this State shall cause at'^g^'fa^ons* ° ^
all its trains of cars for passengers to entirely stop upon each g. s. i486;
arrival at a station, advertised by such company as a station § 75; ^^'^' ' ''
for receiving passengers upon such trains, for a time sufficient
to receive and let off passengers.
Duty to assist passenger. — Madden v. Ry. Co., 35 S. C, 381; 14 S. E., 713;
Simms V. R. R. Co., 2-j S. E., 268; 3 S. E., 301.
Negligence in stopping at station. — See Cooper v. Ga., C. & N. Ry., 61 S. C,
822 CIVIL CODE
A. D. 1902.
^'■^"v'^'^ 345; 39 S. E., 543; 56 S. C, 91; 34 S. E., 16; Appleby v. S. C. & G. Ry., 60 S. C,
48; 38 S. E., 237; Glover v. Ry. Co., 57 S. C, 228; 35 S. E., 510; Johnson v. So.
Ry. Co., 53 S. C, 303; 31 S. E., 212; Gillman v. R. R Co., 53 S. C, 210; 31 S.
E., 224; Brodie v. Ry. Co., 46 S. C, 203; 24 S. E., 180.
Failure to stop. — Martin v. R. R. Co., 32 S. C, 592; 10 S. E., 960.
Carrying passengers beyond destination. — Samuels v. R. & D. Ry. Co., 35 S. C,
493; 14 S. E., 943; Thomas v. C, C. & A. Ry. Co., 38 S. C, 485
f (fr^ ^damages ^^^' ^135. Every railroad Corporation shall be responsible in
^y ^^^- damages to any person or corporation whose buildings or other
R^'s^' 1688- P^°P^^^y "^^y ^^ injured by fire communicated by its locomo-
ib., § 100 ^jyg engines, or originating within the limits of the right of
way of said road in consequence of the act of any of its author-
ized agents or employes, except in any case where property
shall have been placed on the right of way of such corporation
unlawfully or without its consent, and shall have an insurable
interest in the property upon its route for which it may be so
held responsible, and may procure insurance thereon in its own
behalf.
Embraces any kind of property, real or personal, which may be injured by fire. —
Dent V. S. B. R. R. Co., 61 S. C, 330; 39 S. E., 529; Dean v. Ry. Co., 55 S. C,
504; 33 S. E., 579; and extends to property beyond right of way. — Thompson v.
R. R. Co., 24 S. C, 366. Insurance considered. — lb. It attaches without regard
to negligence. — Thompson v. R. R. Co., 24 S. C, 366; Rogers v. R. R. Co., 31 S.
C, 378; 9 S. E., 1059; Gregory v. Layton, 36 S. E., 93; 15 S. E., 352.
The liability for fires occasioned by negligence exists without reference to this
statute. — McCrady v. R. R. Co., 2 Strob., 356.
The statutory liability only extends to fire communicated from its own engines,
and not to those communicated from the engines of its lessors, lessees, or of a
third party. — Rogers v. R. R. Co., 31 S. C, 378; 9 S. E., 1059; Hunter v. R. R.
Co., 41 S. C, 86; 19 S. E., 197; Lipfield v. C, C. & A. Ry. Co., 41 S. C, 285;
19 S. E., 497.
The issue as to title may be raised by the pleadings, and when raised must be
determined by competent testimony. — Mayo v. R. R. Co., 40 S. C, 517; 19 S. E.,
73. May be shown by adverse possession. — Busby v. F., C. & P. R. R. Co., 45 S.
C, 312; 23 S. E., 51.
Statute Constitutional.- — McCandless v. Railroad Co., 38 S. C, 103; 16 S. E., 429.
Measure of damages. — Dent v. S. B. Ry. Co., 61 S. C, 330; 39 S. E., 529.
^Jh^n andTow Scc. 2136. No railroad, branch, or extension of k railroad,
°^^"^"' shall hereafter be opened for public use until the Railroad
R. 's. ' 1689; Commissioners, after an examination, certify that all laws re-
ib., 831 § 101. ig^^jj^g. ^Q ^]^g construction thereof have been complied with,
and that the road appears to be in a safe condition for opera-
tion, unless the said Commissioners shall, after the ten days'
written notice to them by the said railroad company of such
proposed opening, fail to make such examination and certifi-
cate,
notice '^ \o^" be Sec. 2137. Every railroad corporation shall cause immediate
given, pena ty. j^Q|.-(,g q£ ^^y accidcut which may occur on its road, attended
R. 's. ' 1690; with injury to any person, to be given to a physician most
accessible to the place of accident, and shall also give notice,
1
OF SOUTH CAROLINA.
within twenty-four hours, to the Railroad Commissioners of
any such accident, or of any accident falling within a descrip-
tion of accidents of which said Commissioners may by general
regulation require notice to be given. For each omission to
give such notice the corporation shall forfeit a sum not ex-
ceeding one hundred dollars.
Adkins v. R. R. Co., zy S. C, 71; 2 S. E., 849.
Sec. 2138. Whenever a cause of action shall arise against ^'^fg "^j'^fy
any railroad or street railway corporation for personal injury |°''P°J"^^"pg^:
or injury to property sustained by any person, and such cause -""^Jy^l^^p^op!
of action shall be prosecuted to judgment by the person injured, ^^^
or his or their legal representatives, said judgment shall relate ^J^^^' ^^ii-'
back to the date when the cause of action arose, and shall be a
lien as of that date upon the income, property and franchise
of said corporation, enforcible in any Court of competent juris-
diction by attachment or levy and sale under execution, and
shall take precedence and priority of payment of any mortgage, ^ ^"""nfo °t-
deed of trust or other security given to secure the payments pf e^ges. &c-
bonds made by said railroad or street railway company: Pro-^^^ igql^^^'
vided, Any action brought under this Section shall be com-
menced within twelve months from the time that said injury
was sustained.
Priority of judgment over railroad mortgage. — Southern Ry. Co. v. Bouknight,
70 Fed. Rep., 442; 30 L. R. A., 823.
Sec. 2139. If a person is injured in his person or property by crossings.^Pen-
collision with the engines or cars of a railroad corporation at^'^^ ^°'""
a crossing, and it appears that the corporation neglected to give r *^' g^' ^^j^';
the signals required by this Chapter, and that such neglect ^^" ^ ^^^'
contributed to the injury, the corporation shall be liable for all
damages caused by the collision, or to a fine recoverable by
indictment, as provided in the preceding Section, unless it is
shown that, in addition to a mere want of ordinary care, the
person injured, or the person having charge of his person or
property, was, at the time of the collision, guilty of gross or
wilful negligence, or was acting in violation of the law ; and
that such gross or wilful negligence or unlawful act contributed
to the injury.
See Sec. 2132, ante, and note.
Allegation as to negligence. — Proctor v. So. Ry. Co., 61 S. C, 170; 39 S. E., 351.
The remedy given ig cumulative and does not supercede the remedy at common
law. — Kaminitsky v. R. R., 25 S. C, 53; Spires v. R. R. Co., 47 S. C, 28; 24 S
E., 992; Burns v. Ry. Co, 61 S. C, 404; 39 S. E., 567.
Under the statute there must be an actual collision. — Kinard v. R. R. Co., 39
S. C, 517; 18 S. E., 119. "At the crossing" or "on the crossing," which must
be a travelled place. — Hutto v. S. B. R. R. Co., 61 S. C, 49s; 39 S. E., 710; Hale v.
R. R. Co., 34 S. C, 293; 13 S. E., 537; Neely v. R. R. Co., 33 S. C, 136; 11 S.
824 CIVIL CODE
A. D. 1902.
"^ ■^^ V "^ ^ E., 636. One attempting to cross between cars standing on the crossing is within
the statute. — Littlejohn v. Ry. Co., 49 S. C, 12; 26 S. E., 967.
But in an action at common law such as Murray v. R. R. Co., 10 Rich. L., 227,
on the question of negligence failure to give the statutory signals at a crossing
near the place of injury may be shown in evidence. — Mack v. R. R. Co., 52 S. C,
323; 29 S. E., 905; Mason v. R. R. Co., 58 S. C, 70; 36 S. E., 440.
A travelled place is one which persons are accustomed, and have a right, to use. —
Hale V. R. R. Co., 34 S. E., 293; 13 S. E., 537; Barber v. R. R. Co., 34 S. C,
450; 13 S. C, 630; Hankinson v. R. R. Co., 41 S. C, 20; 19 S. E., 206; Risinger
V. R. R. Co., 59 S. C, 433; 38 S. E., i; Strother v. R. R. Co., 47 S. C, 376; 25
S. E., 272.
The omission to give the statutory signal need not be the proximate or efficient
cause of the injury, the company is liable if it contributes in any way thereto. —
Wragg v. R. R. Co., 47 S. C, 105; 25 S. E., 76; Strother v. R. R. Co., 47 S. C,
375; 25 S. E., 272.
But in order to bar recovery the gross or wilful negligence of the plaintiff must
be a proximate or efficient cause. — Bowen v. Ry. Co., 58 S. C, 222; 36 S. E.,
590; Cooper V. Ry. Co., 56 S. C, 91; 34 S. E., 16. And the burden of proof to show
this gross negligence of plaintiff is on the defendant. — Nohrden v. R. R. Co., 59
S. C, 100; 37 S. E., 228; Petrie v. R. R. Co., 29 S. E., 319; 7 S. E., 515.
The existence of such negligence is a question for the jury. — Carter v. R. R.
Co., 9 S. C, 20; Crouch v. R. R. Co., 20 S. C, 495; Kaminitsky v. R. R. Co.,
25 S. C, 59; White v. R. R. Co., 30 S. C, 218; 9 S. C, 96; Strother v. S. C. &
Ga. R. R. Co., 47, S. C, 375; 25 S. E., 272; Littlejohn v. R. & D. Ry. Co., 45 S.
C, 181; 22 S. E., 789
As to damages recoverable. — Hart v. R. R. Co., 33 S. C, 427; 12 S. E., 9;
Strother v. S. C. & Ga. R. R. Co., 47 S. C, 375; 25 S. E., 272.
pervi^ors ^t"o ^^^' ^^^O. The County Supervisors of the respective
ing™^"^ *^''°®^' Counties in this State shall hereafter, at least once in every
Q_ S_ j4g7. year, examine all the railroad crossings of the public highways
li' §^76 ^^^^' ^" ^^"^ State outside of the corporate limits of cities, towns,
and villages ; and if they find that any of the said crossings,
within the right of way of any railroad company, are unsafe
as to the lives of persons, or as to the protection of property,
they shall forthwith give written notice thereof to any officer
or agent of the railroad within said County.
unsafe^"^ c^ross° ^®^" ^^^l- Said Couuty Supcrvisors, in said notices, shall
'"°^- point out the location of the crossings considered by them un-
R.^'s^' 1694- safe, and shall indicate how and in what manner such crossing
ggg^l'^.^^^^-' shall be constructed so as to secure safety; and shall have
power to require such construction to be made within sixty
days,
be^stftkfned* ° ^®^' ^142. The Railroad Commissioners shall have authority,
~~^ g j^gg. Upon the application of the County Supervisors, if they deem
R^^s. 1695; ih., j|- ncccssary, to require any railroad corporation to have a sta-
tionary flagman at any crossing, the importance of which may
May appeal demand it.
from Railroad
Commissioner gee. 2143. The said railroad company, after receiving such
Appointment _ r j ■> o
of Civil Engi- noticc, and within ten days after such reception, may apply to
— g' s 1490- ^^^ Circuit Court of the respective Circuit in which such cross-
R- S- 1696; ijjg is situated, or to a Judge thereof if the Court be not in
OF SOUTH CAROLINA. 825
A. D. 1902.
session, and claim a re-examination of the said locality, and a "^-^v^^
revision of the action of the said Railroad Commissioners, and
the said Court or Judge, as the case may be, shall appoint forth-
with some civil engineer, not connected with any railroad, to
examine into the matter forthwith, and he may either affirm
the demand of said Railroad Commissioners, or modify it, and
his determination shall be final.
Sec. 2144. All railroad companies shall, within the time in-^,;^'^" deci^fon
dicated as aforesaid, by the Railroad Commissioners or County °een'^'' ^'^^^'
Supervisor, as the case may be, or within the time given by the q 3. u9i;
said civil engineer to said corporation upon re-examination, p^;^ f'so.^^^^'
maintain and construct said crossing in the manner demanded
of them by said Railroad Commissioners or County Supervisor,
as the case may be, or civil engineer, or station a flagman, if
such should be required, at the locality where such has been
found necessary, as aforesaid.
Sec. 2145. The County Supervisor shall make a report of pervrsors ^t"o
his yearly examination to the Clerk of the Court of Common n^a^foL. ^"c^-
Pleas for such County, which is to be laid before the said p^"^'''^'°"'
Court, together with a copy of all notices given by them as r. 's. ' legs-
aforesaid ; and they shall be allowed compensation by the ^^" ^ ^^'
County for any services rendered under this Chapter, at the
same rate per day as is now provided for other services ren-
dered by them ; and the said civil engineer, appointed as afore- ■
said, shall also be paid a reasonable compensation for his ser-
vices by the said County, if the recommendations of such
County Supervisor are not in whole or in part adopted ; but if
such recommendations be so adopted, then the railroad com-
pany shall pay the compensation of such engineer.
Sec. 2146. The County Supervisor shall keep a record of the cord° of^ Xtils
duties performed, and copies of notices served under the pro- ^^^ °™^ "
r^ Q 1 J.QQ •
visions of this Chapter, which shall become a part of the records r. ' s. ' 1699!
r ■, ■ ai 18 8 2, XVII.
01 his ornce. S26, § 82.
Sec. 2147. It shall be the especial duty of the County Super- sign boards;
visors to see that sign-boards, as prescribed in this Chapter, tyQ,mmiss°ioS-
are at all times properly put up at railroad crossings. —
Sec. 2148. If any of the County Supervisors neglect or fail r. " s. ' 1700;
to comply with any of the provisions of this Chapter applicable "
to County Supervisors, the County Supervisor so offendingnegiect of
shall be liable to be indicted for neglect of duty, and, on con-. —
viction, fined in a sum not less than one hundred dollars nor r. "s. ' i7oi;
lb., § 86.
^^^ CIVIL CODE
A. D. 1902. —
'" ' more than five hundred dollars, and as a part of the judgment
his office shall be declared vacant.
m^iL°ti\n Sec. 2149. Every railroad corporation shall, at its own ex-
bndges, &c. pense, construct, and afterwards maintain and keep in repair,
R.^'s^' 1702;' a-^1 bridges, with their approaches or abutments, which it is
lb., § S7. authorized or required to construct over or under any turn-
pike road, canal, highway, or other way ; and any city or town
may recover of the railroad corporation whose road crosses a
highway or town way therein, all damages, charges and ex-
penses incurred by such city or town by reason of the neglect
or refusal of the corporation to erect or keep in repair all struc-
tures required or necessary at such crossing; but if, after the
laying out and making of a railroad, the County Commissioners
have authorized a turnpike, highway, or other way, to be laid
out across the railroad, all expenses of and incident to con-
structing and maintaining the turnpike or way at such crossing
shall be borne by the turnpike corporation, or the County, city,
town or other owner of the same.
The width of bridges not prescribed. — Rembert v. S. C. R3-. Co., 31 S. C, 309;
9 S. E., 968.
tion "oT^ex^o- Scc. 2150. No railroad corporation, or other association, co-
poVnds; " Ran- partnership, person or persons, engaged in the transportation
skfner ^ t™™£ of passcugcrs within this State, shall knowingly transport
maximum. within the territorial limits of this State, or transport into such
R.'^'s^' iTolj limits for sale, storage, or use therein, any explosive compound
lb., § 93. |j^ quantities exceeding the amounts hereinafter provided for,
in any vehicle containing passengers, or in any vehicle attached
to an}' railroad train or vehicle conveying passengers, nor in
any case, unless the said explosive compounds be plainly and
legibly marked with the names of such compounds, and the
words "Explosive — Dangerous." It shall be the duty of the
Railroad Commissioners, from time to time, to make rules
fixing the maximum amounts of various explosive compounds
which may be so carried in any public vehicle, or in a railroad
train containing passengers, or in a vehicle attached to such
"train. The said rules shall also define the method of packing
such compounds to ensure the greatest safety, and shall pre-
scribe how the same shall be carried as freight on railroads,
steamboats, and by common carriers.
marked,^^&o ' Scc. 2151. No pcrsou shall deliver for transportation to any
G. s. 1505; railroad corporation, street railway company, or other associa-
1882,' xvii.! tion, copartnership, persons or person engaged in the trans-
829, § 94.
OF SOUTH CAROLINA. 827
A. D. 1902.
portation of passengers within this State, or take or place upon "-^v^-^
or in any car, boat, or other vehicle of any such corporation,
company, association, copartnership, or person, with intent
that the same shall be carried or transported on such car, boat,
or other vehicle, any explosive compound mentioned in this
Chapter, unless the same is packed and marked as herein pro-
vided, and notice of the dangerous nature thereof is expressly
given to the agent, servant, or person, to whom it is delivered,
or to the agent, servant, or person, having at the time the man-
agement and control of the car, boat, or other vehicle in or
upon which the same is to be carried or transported. And any
common carrier may decline to receive to transport any such
explosive compound in any manner whatever.
Sec. 2152. Whoever knowingly violates or knowingly causes ^ Punishment
, , , for violations.
or permits the violation of any provision of the two preceding — - —
Sections (2150, 2151), or knowingly transports or causes or R- J. i705;
permits the transportation of any explosive compound, in any
manner other than in conformity with the rules made by the
Railroad Commissioners, shall be punished by a fine of not less
than fifty nor more than five thousand dollars, or by imprison-
ment in the State prison not exceeding five years.
Sec. 2153. Upon complaint made under oath to a Magistrate, m a g i strate
^ ^ ° mayissue
that the complainant has probable cause to believe, and does search warrant
believe, that an explosive compound is had, kept, or to be found, — g ^.^^.
in any city, town, or other place within the jurisdiction of suchR- s.^^ iroei
Magistrate, by any railroad corporation, contrary to law, a
warrant may issue, directed to the Sheriff of the County, or
his deputy, or to any Constable of such city or town, command-
ing him to enter any building, vehicle, ship, or other vessel
specified in the warrant, and there make diligent search for and
seize such explosive compound, and to make return of his
doings to said Magistrate forthwith.
Sec. 2154. Any explosive compound had, kept, or trans- ^^^g° "■ ^J^'^|^'
ported contrary to the provisions of this Chapter, and seized q g -^^q^.
under the preceding Section, may be adjudged forfeited after^ggg^-xviLl
due notice and hearing, and may be ordered to be destroyed ^^°' § ^^■
in such manner as the Court or Magistrate may direct.
Sec. 2155. Any person who shall suffer injury by the ex- injury ^by^ ^"'^
plosion of any explosive compound, while the same is being q g. 1509;
kept or transported contrary to the provisions of this Chapter, j|'^ §^98 ■^^°^'
or the ordinances, rules, or by-laws made in conformity to it,
may recover damages for the injury thus sustained, in an ac-
828
CIVIL CODE
A. D. 1902.
Term of.
tion against the parties so violating the provisions of this Chap-
ter, or the ordinances, rules, or by-laws made in conformity
herewith.
Sec. 2156. By the words "explosive compound," as used in
R ^' s^' 1708- ^^^^ Chapter, shall be understood gun-cotton, nitro-glycerine,
lb., § 99. Qj. any other compound of the same ; any fulminate, or, gen-
erally, any substance intended to be used, by exploding or
igniting the same, to produce a force to propel missiles or to
rend apart substances, except gunpowder.
ARTICLE VIII.
Regulations for the Accommodation, Convenience and
Protection of Passengers and in Respect to Mer-
chandise.
Sec.
Sec.
2157.
Accommodations to be furn-
2168.
ished for passengers.
2169.
2158.
Separate coaches for whites
and blacks.
2170
2159.
Exceptions.
2160.
Penalty for violation.
2171
2161.
When non-observance of law
2172
may be excused.
2173
2162.
Violations by railroads, pen-
alty.
2174
2163.
Railroad Commissioners to
regulate schedules.
2175
2164.
Penalty for failure to obey or-
ders.
2176
2165.
Fare for passengers.
2177
2166.
Baggage checks.
2167.
Bicycles to be deemed bag-
2178
Waiting rooms at stations.
Commissioners may require
depots built.
Bulletins as to trains behind
time.
Notice of change of schedules.
Officers to wear badges.
Police powers of railroad of-
ficers.
Passengers may be ejected for
disorderly conduct.
Receipts for freight.
Liability of connecting car-
riers.
Merchandise to be forwarded
according to directions.
Cars and engines not to be at-
tached within certain times.
lb., § 91.
.\ccommoda- Scction 2157. Evcry railroad corporation shall furnish rea-
tion for pas- .
sengers; pen- souablc accommodatious for the convenience and safety of pas-
sengers ; and for every wilful neglect to provide the same shall
G. S. 1502; fe ' -^ b r
R. s. 1710; forfeit not less than five nor more than twenty dollars, to be
" recovered in an action against such corporation.
This duty extends to "persons who are on the premises to welcome the coming
or speed the parting guests." — Izlar v. Ry. Co., 57 S. C, 336; 35 S. E., 583.
Passengers on freight trains assume the incident risks. — Steele v. So. Ry. Co.,
SS S. C, 389; 33 S. E., 509. Negligence in requiring passenger to change cars.—
Oliver v. Ry. Co., 55 S. C, 584; 33 S. E., 584. Dangerous premises. — Izlar v.
Ry. Co., supra; Johns v. C, C. & A. Ry. Co., 39 S. C, 162; 17 S. E., 698.
Sec. 2158. All railroads and railroad companies engaged in
this State as common carriers of passengers for hire shall fur-
nish separate coaches for the accommodation of white and col-
OF SOUTH CAROLINA. 829
A. D. 1902.
ored passengers : Provided, Equal accommodations shall be "^-^v^-^
supplied to all persons, without distinction of race, color or Railroad
r IT IT J companies to
previous condition, in such coaches : Provided, further, That all furnish sepa-
•■^ ' . '"^'•^ coaches
first class coaches shall be provided with a compartment at for ^'^^^^^ ^^^
each end of such coaches; said compartment shall be provided ^g^g ^^^^
with seats for three or more persons; on one compartment ^ 7 7; i^oo,
shall be printed the words, "For Females," and on the other,
"For Males."
Equality of accommodations. — Smith v. Chamberlain, 38 S. C, 549; 17 S. E., 371.
Sec. 2159. The provisions of Sections 2158 to 2162 shall not Exceptions.
apply to nurses on trains, nor to narrow gauge roads, or branch ■^^•
lines, nor roads under forty miles in length, or to relief trains
in case of accident, or to through vestibule trains not intended
or used for local travel, nor to regular freight trains with a
passenger coach attached for local travel, nor to officers or
guards transporting prisoners, nor to prisoners or lunatics being
so transported.
Sec. 2160. It shall be unlawful for the officers or employes penalty for
having charge of such railroad cars as are provided for by this p 1 o^y e°vio1at-
Chapter to allow or permit white and colored passengers to!!!£l
occupy the same car except as herein permitted and allowed.
Sec. 2161. In case the coach for either white or colored pas- may no^ be ob^
sengers should be full of passengers, and another coach can-!!I!^-J
not be procured at the time, then the conductor in charge of
the train shall be, and he is hereby, authorized to set apart so
much of the other coach as may be necessary to accommodate
the passengers on said train.
Sec. 2162. Should any railroad or railroad company, its ,3 y^ ^."^^^^"jj"^
agents or employes, violate the provisions of the last four Sec-|^- punished;
tions, such railroad or railroad company shall be liable to a pen- j^
alty of not more than five hundred dollars nor less than three
hundred dollars for each violation, to be collected by suit of
any citizen of this State, and the penalty recovered shall, after
paying ofif proper fees and costs, go into the general fund of
the State Treasury.
Sec. 2163. It shall be the duty of the Railroad Commis- c^ m miss°o^n'^
sioners, within thirty days after the passage of this Section, scheduiw^'^'o^f
and from time to time, to examine into the schedules of all the frains. ^ "^ ^ ^ ""
railroads in this State for the carriage of persons or passen- igge, xxii.,
gers, with a view to ascertain if said roads can reasonably make 4''^^'5./^^i 9 o^i;
close connection with intersecting roads ; and wherever, in their x^™-' '^^^•
opinion, such close connection can be made without injustice
CIVIL CODE
or material injury to such road or roads, they shall make the
appropriate orders to effect the same. And, the better to
secure such connections, they may require all persons, associa-
tions or corporations operating any railroad or railroads (ex-
cept such as may be in the hands of receivers) to run at least
one unmixed daily passenger train each way over such railroad
or railroads, and may likewise require such persons, associa-
tions or corporations to furnish to the traveling public facilities
for passage over such railroads twice each way daily.
RaiTrol"^Com- ^^^ ^hc forcgoing purposes, said Commissioners shall have
missioners. power to summon witnesses and take testimony, and any road
^^' shall have the right of appeal, as in other cases of appeal from
inferior Courts,
fo^ "faHure "to ^^^' 2164. Any railroad in this State refusing to obey any
obey orders, order of the Railroad Commissioners made under this Chap-
ter shall forfeit not less than the sum of five hundred dollars
nor more than two thousand dollars, to be recovered by the suit
of said Commissioners in a suit in the Court of Common Pleas,
which sum, if recovered, shall go to the general fund of this
State,
rates^ ^ ^ ^"^^"^ S^C' 2165. The rate for transportation of passengers on all
"Tgoo," XXIII., railroads to which the provisions of this Chapter shall apply
^^^- shall not exceed three cents per mile for every mile traveled ;
and such railroads shall not be required>to have second class
coaches or to sell second class tickets.
Attempting to evade payment of fare is a misdemeanor. See Crim. Code. As
to the payment of excess charge where ticket is not bought prior to the passage
of the above act. See Moore v. C. & G. R. Co., 38 S. C, i; 16 S. E., 781.
To check Sec. 2166. Every railroad corporation, when requested, shall
baggage; pen- •' ^^ • j r
aity for re- gjye checks to passcngers for their baggage when delivered for
— - — I — —7 transportation in good shipping order, and shall re-deliver
R- s. 1711; the same to the passengers upon the surrender of their checks.
Any corporation which wilfully refuses to comply with the
provisions of this Section sha.ll forfeit ten dollars for each
offence.
Bicycles to gec. 2167. Bicyclcs shall be deemed baggage for the pur-
be deemed -^ *^^ "^
baggage. pose of transportation by common carriers. Common carriers
1897, XXII., shall carry bicycles under the same rules and subject to the
same liabilities as govern trunks and other separate baggage of
Common ° ^ °*^ ^
c a r r iers to passage. No pcrson shall be required to crate, cover, lock,
baggage. box or Otherwise protect bicycles as baggage under the pro-
Not required yisions of this Section. But said common carriers shall not
to be boxed,
&c. be required to carry more than one bicycle for any one person.
Proviso.
OF SOUTH CAROLINA. 831
A. D. 1902.
Sec. 2168. Every railroad company owning or operating a '■~'^^' '
railroad in this State shall erect and keep at every office where ^.^J^" fo^r^pls'^
tickets are sold for travel over its road, two good rooms or se"ge''s-
apartments of reasonable size for the amount of travel at such ^- |- ^i^^'.
office, which shall be furnished with comfortable seats for the-^^-- § ^^
accommodation of passengers. Such rooms to be in charge of
an employe of such company, and kept open at such hours as
to accommodate passengers travelling over such road on any of
its passenger trains; and it shall be the duty of the Railroad
Commissioners to enforce the provisions of this Section.
Includes persons who are there to meet passengers. — Izlar v. Ry. Co., 57 S. C,
336; 35 S. E., 583.
Damages for failure to provide proper accommodation. — Pickens v. Ry. Co., 54
S. C, 498; 32 S. E., 571-
Separate accommodations for colored persons. — Smith v. Chamberlain, 38 S. C,
529; 17 S. E., 371.
Sec. 2169. The Railroad Commissioners of this State are c^^^sioners
hereby invested with authority to require all railroads at junc- ^aih-oad^'^To
tional points in this State to erect union or other depots for the f!!fii!E^!!_
convenience and accommodation of the public; and if any rail- ^^^g^^^' ^^^^■'
road company shall fail or refuse so to do when required by the
said Railroad Commissioners, it shall forfeit and pay a sum of
not less than five thousand dollars, to be recovered in an action
in any County in this State where such violation has occurred,
and shall be in the name of the State of South Carolina. The
Commissioners shall institute such action through the Attorney
General or any of the Solicitors of the State.
Sec. 2170. Whenever any passenger train on any railroad in ^^ •^t°''^^ttaml
this State shall be more than one-half of one hour behind its ^f^^^^£_^^^^f_
schedule time, it shall be the duty of such railroad company ^^ G. ^S. 1495;
to keep posted at every telegraph station along its line the time-^^- § ^^•
such train is behind its schedule, and shall change such bulletin
every half-hour until such train arrives, stating therein the
time which such train is behind and the hour at which it is
expected to arrive : Provided, That such bulletins shall not be
required to be posted at any station until one-half hour before
the regular schedule time at which such train is to arrive at the
Station at which such bulletin is required to be kept.
Any railroad company which shall refuse or neglect to com- Penalty.
ply with the provisions of this Section shall forfeit and pay g^^^^^' -^^^ '
to the State the sum of five dollars for each and every such Railroad
refusal or neglect; said sum to be sued for by the Railroad Co-^missioners
Commissioners in the County in which such refusal or neglect
occurs.
CIVIL CODE
Sec. 2171. Notice of any change in passenger schedules, or
tinfJ^^tabfes °to tirne tablcs, shall be published at least three days before such
be published, change goes into effect.
188^' XX ^378! ^^^- 2172. Every conductor, baggage master, engineer,
Badges to be brakemau, or other servant of any railroad corporation em-
^°'""- ployed on a passenger train, or at stations for passengers, shall
R ^' s^' 1716- wear on his hat or cap a badge which shall indicate his office,
lb., § 74. ^j^^ ^^Q initial letters of the style of the corporation by which
he is employed. No conductor or collector without such badge
shall have any authority to meddle or interfere with any pas-
senger, his baggage, or property. And it is the duty of said
railroad corporation to see that such badges as aforesaid are
worn,
ers^of^'oindu'^- S®^- ^173. Couductors of railroad trains and station or depot
tfo"^ ag'^nts^*^" agents are hereby declared to be conservators of the peace,
G s 1516- and they and each of them shall have the common law power
1^98 ^' xxil! o^ constables to make arrests, except that the conductors shall
^^^- only have such power on board of their respective trains, and
the agents at their respective places of business ; and said con-
ductors and agents may cause any person or persons so arrested
by them to be detained and delivered to the proper authorities
for trial as soon as practicable.
authoriz"d*°to Sec. 2174. When any passenger shall be guilty of disorderly
gerf gmUy^^of couduct, or usc any obscene or grossly profane language, to
duct^'^or^^usfng the annoyancc and vexation of passengers, or play any game
profani "i^a n^ of cards Or Other game of chance for money or other valuable
fambling,'' and thing, upou any railroad train, the conductor of such train is
Ssfsta''n^'"^of hereby authorized to stop his train at any place where such
p^ssSlrs* "" '^ offense has been committed and eject such passenger from the
G. s. 1516a; train, using only such force as may be necessary to accomplish
^82, ^xviil! such removal, and may command the assistance of the em-
^^- ployes of the railroad company, or any of the passengers, to
assist in such removal,
must "^ive^ "e^- Sec. 2175. Whenever any person delivers to a railroad cor-
freight*'uponporation for transportation any commodity not extra-hazardous
shVperr pen- in its character, such corporation shall give to the shipper
^ thereof, if requested at the time of the delivery of such com-
R.*^'s^' ingj niodity, a receipt for the same, describing such commodity,
ssifl'm'^^'or the marks and numbers on packages so received for trans-
portation, and no additional charge shall be made for giving
such receipt. Any railroad corporation which refuses to give
such receipt shall pay to the person entitled to the same the-
OF SOUTH CAROLINA.
sum of fifty dollars, to be recovered in an action in any Court
of competent jurisdiction.
Sec. 2176. In case of the loss of or damage to any article orj^^^^^^^^^^^y^^"''
articles delivered to any railroad corporation for transportation^^ ^^^^^^^1^"
over its own and connecting roads, the initial corporation, or ^°f g®^ ^ argeJ
corporation first receiving the same, shall, in every case, be^*^-- proviso.
liable for such loss or damage, but may discharge itself from j^ ^- g^- ^^20-
such liability by the production of a receipt, in writing, for the ^^•
said article or articles from the corporation to whom it was its
duty to deliver such article or articles in the regular course of
transportation. In which event, the said connecting road or
roads shall be severally so liable, but may in succession and in
like manner discharge themselves respectively therefrom ; but if
any such corporation shall willfully fail or refuse, upon reason-
able demand being made to it by any party interested in the pro-
duction of such receipt, to produce the same, then it shall not
be entitled to claim the benefit of such exemption in any action
against the said railroad corporation to render it liable for such
loss or damage.
Must be liberally construed. — Miller Bros. v. R. R., 33 S. C, 359; 11 S. E., 1093.
Requires initial railroad company to produce proper receipt from "steamship com-
pany" next connecting line of transportation. — lb. But it is not "wilful fail-
ure or refusal" to furnish proper receipt, when the receipt of railroad to which
steamship company delivered is furnished. — lb. Initial road cannot, unless author-
ized, bind connecting roads by special contract for freight. — Lewis v. R. R., 25
S. C, 249. Railroad not liable for damage to goods in hands of connecting car-
rier; application of statute to absolute contracts. — Hill v. G., C. & N. R. R. Co.,
43 S. C, 461; 21 S. E., 337. Merchandise
Sec. 2177. Every railroad corporation shall promptly for-'^^^^^^t w
ward merchandise consigned or directed to be sent over another ^^ ^l^^^ ^^'
o cording to di-
road connecting with its road, according to the directions con- rections, &c.
tained thereon or accompanying the same, and shall not receive ^^ G. ^s. isu^,
and forward over its road any merchandise consigned, ordered ^^v S32, § 103.
or expressly directed to be received and forwarded by a
different route.
Sec. 2178. Whenever railroad cars and engines are in use .Cars and en-
"^ gmes in use
on railroads and making regular passage thereon, thev shall to. be attached
<=• "^ . withm certain
not be attached upon mesne process in any suit within forty- t'™^ of de-
eight hours previous to their fixed time of departure, unless — r— ^ ;
the officer making such attachment shall have first demanded k. s. 1722 |
of the owners or managers of such engines or cars, or any of n^.
the agents of such railroad, other property equal in value to the
ad damnum in the writ upon which to make such attachment,
and such owners or managers shall have refused or neglected
to comply with said demand. And any officer making such
53--C
834 ' CIVIL CODE
A. D. 1902. ~
attachment shall, on his return upon the process upon which it
is made, certify that he has made such demand for such other
property, and that such demand has been refused or neglected ;
otherwise such attachment shall be wholly void.
ARTICLE IX.
R.\iLROAD Crossings; Cattle Guards.
Sec.
2179. Railroad Commissioners to
regulate crossings of one
railroad by another.
2180. Highways not to be obstructed
Sec.
2183. Crossings on levels to be pro-
tected.
2184. Highway may be made across
railroad.
at crossing. 2185. Stock guards to be con-
2181 and 2182. Alterations in high- structed.
ways permitted. I 2186. Penalty for violation.
Railroad Scctioii 2179. No railroad shall be constructed to cross an-
Lommissioners
regulations as other railroad at the same level therewith, or across navierable or
to crossings. _ _ ° _
— tide waters, without the consent, in writing, of the Railroad
fh s'-[^Q^''^^'' Commissioners, and in such manner as they shall prescribe.
It shall be unlawful for any corporation proceeding to con-
struct a branch or extension, or otherwise to take any pro-
ceedings contemplating a new crossing of one railroad with
another, at the same level therewith, unless such crossing shall
first have been approved, in writing, by the Railroad Com-
missioners, and the preliminary approval of any plan for such
crossing shall always be made subject to revision by the Com-
missioners. And the Court of Common Pleas shall have full
equity jurisdiction, on information filed by the Attorney Gen-
eral, in case of any violation of the provisions of this Section.
Not to ob- Sec. 2180. When a railroad is laid out across a highway or
struct high- . . ,, , , ,
ways at cross- other way, it shall be constructed so as not to obstruct the same.
ings.
Navigable streams not to be obstructed. — State v. R. R. Co., 9 Rich., 247; State
R ^'S^' 1724- ^' -^^ -^^ ^°'' ^^ ^' ^■' ^^' '^ ^' ^■' ^^^' ^^^^^'^ roads.— Murray v. R. R. Co, 10
18 8 2 XVII ' Rich., 227. Private ways. — Ross v. R. R. Co., 33 S. C, 477; 12 S. E., loi.
836, § 120. See also Sections 1375 to 1378, ante., inclusive.
Railroad Sec. 3181. A railroad corporation mav raise or lower any
Companies . ^ r 1 • -^ j
may ' raise or highway or Other way for the purpose 01 having its road pass
ways. ° over or under the same; but before proceeding to cross, alter,
G. s. 1532; or cxcavatc for the purpose of crossing the way, it shall obtain
lb., § 121. ' from the County Commissioners a decree prescribing what al-
terations may be made in the way, and the manner and time
of making the alterations or structures the Commissioners
OF SOUTH CAROLINA.
may require at the crossing; and before entering upon, exca-
vating, or altering the way, shall give security satisfactory to
the Commissioners of the County in which the crossing is sit-
uated that it will faithfully comply with the requirements of
the decree to the acceptance of the Commissioners, and in-
demnify the city or town from all damages and charges by
reason of any failure so to do : Provided, That where such high-
way or other way shall be within the corporate limits of any
city, town, or village, such permission shall be obtained from,
and security be given to, the proper municipal authorities
thereof, instead of from and to the said County Commissioners.
Sec. 2182. A railroad corporation may alter the course of a course of high-
11 ; • • J. J way; when and
highway or other way, other than a street m any mcorporated how, &c.
city, town or village, for the purpose of facilitating the cross- g. s. 1533;
ingfs of the same by its roads, or permitting its road to pass ati8 8 2,' xvii.;
. , • • 1 £ § 122; 18 9 3,
the side thereof without crossing, upon obtaining a decree otxxi., 48i, §1.
the County Board of Commissioners prescribing the manner
and time of such alteration. The corporation shall pay all
damages occasioned to private property by the alteration, as in
the case of land taken for its road.
Sec. 2183. A railroad corporation whose road is crossed by ievef°oTe°pr "
a highway or other way on a level therewith shall, at its own.**''^'^'^' ''°'^-
expense, so guard or protect its rails by plank, timber or other- r.*^'s^' 1727I
wise as to secure a safe and easy passage across its road; andgsyf |'i2l^"''
if, in the opinion of the County Board of Commissioners, or
if such highway or other way be within the corporate limits of
any city, town or village, then the proper municipal authorities
thereof, any subsequent alteration of the highway or other way,
or any additional safeguards, are required at the crossing, they
may order the corporation to establish the same.
Sec. 2184. A his-hway or town way may be laid out across a ^ Highway or
*~> '' J J to w n w a. y
railroad previously constructed when the County Board ofacro^s^ r^aji-
Commissioners adjudge that the public convenience and neces- may be laid
sity require the same ; and in such case, after due notice to the — ^ g ^^g^.
railroad corporation, and hearing all parties interested, they R- ^-^^^ 1^28;
may thus lay out a highway across a railroad, or may authorize
a city or town, on the petition of the Mayor and Aldermen
thereof, to lay out a way across a railroad in such manner as
not to injure or obstruct the railroad.
Hill V. R. R. Co., 31 S. C, 393; 10 S. E., 91.
Sec. 2185. The several railroad companies whose line of road
lies wholly or partly in this State are hereby required to con-
836
CIVIL CODE
A. D. 1902.
""-^"v"**^ struct and keep in repair an adequate stock-guard or cattle-gap
to^be*^construc- ^^ cvcry point where the hne of said railroad of any such com-
pany crosses or may hereafter cross the line of any fence in this
ted
G. S. 1536; C4-p<-p
R. S. 1729; '^'-aLt;.
lb., § 125.
Penalty
violation.
G.
R. S.
lb., § 126
Sec. 2186. For every violation of Section 2185 the railroad
^""^ company so violating it shall pay to the owner or owners of
s. issT ^^^ fence upon the line of which such stock-guard or cattle-
1730; gg^p should have been constructed and kept in repair, the sum
of one hundred dollars, to be recovered by action in the Court
of Common Pleas for the County in which such stock-guard
or cattle-gap should have been constructed and kept m repair.
Where the company has acquired not a mere right of way over land, but the
title to the land itself, as by conveyance in fee. Sections 2185 and 2186 do not ap-
ply.— Anderson v. Ry. Co., 59 S. C, 366; 37 S. E., 944.
ARTICLE X.
Right of Way.
Sec.
2187. Notice to owner of land before
entering ; bow long ; how
served ; when consent pre-
sumed, &c.
2188. Proceedings by corporation
when owner refuses consent.
Petition ; hearing of ; order
of Judge ; organization of
jury by Clerk, &c.
2189. When Clerk interested, Judge
of Probate to act.
2190. Jury to inspect premises, take
testimony, fix compensation,
&c.
2191. Appeal to Circuit Court ; no-
tice ; issue ; verdict ; new
trial, &c.
2192. Lands for depots, stations, &c.
Sec.
2193. Service of notice, when own-
er is an infant, non compos
or non-resident.
2194. Right of way to vest, how
long and for what purpose;
fee to remain in owner.
2195. Right of way may be con-
demned for construction of
other highways ; proviso.
2196. Right of entry for survey ;
owner's right to compensa-
tion after construction ; lim-
itation.
2197. Proceedings, where to be filed ;
where to be instituted.
2198. Clerk's, Sheriff's and Jurors'
fees ; by whom paid.
2199. Penalty for failure of jurors
to attend.
Notice t o
owner of land
before e n ter-
ing;how long;
how served;
when consent
presumed, &c.
G. S. 1550;
R. S. 1743;
168, XIV., 89,
§ 1; Con.,
Art. XII., § 8;
1883, XVIII.,
632.
The special proceedings authorized in this article were held constitutional in
Atlantic Coast Line R. R. Co. v. S. B. R. R. Co., 57 S. C, 317; 35 S. E., 533.
Section 2187. Whenever any person or corporation shall be
authorized by charter to construct a railway, canal or turnpike
in this State, such person or corporation, before entering upon
any lands for the purpose of construction, shall give the owner
thereof (if he be sui juris) notice, in writing, that the right of
way over said lands is required for such purpose, which notice
shall be given at least thirty days before entering upon said
lands ; and such notice shall be served upon such owner in the
OF SOUTH CAROLINA. 837
A. D. 1902.
same manner as may be required by law for the service of the ^-^-v""*-'
summons in civil actions. If the owner shall not, within the
period of thirty days after service of said notice, signify, in
writing, his refusal or consent, it shall be presumed that such
consent is given ; and such person or corporation may, there-
upon, enter upon said lands ; but the owner of said lands may
move for an assessment of compensation in the manner herein-
after directed.
Two classes of cases do not fall within this Statute. (1) Where the right to
compensation is disputed; (2) where the entry on the land was without consent or
permission of the owner, either actual or constructive. — Glover v. Remley, 62 S. C,
39 S. E., ; Tutt V. Ry. Co., 28 S. C, 388; 5 S. E., 381.
This Statute, Sees. 2187 to 2196, affords no remedy to determine the right of
the owner to demand compensation; hence where that is denied, he must bring
his action at law.- — Cureton v. S. B. R. R. Co., 59 S. C, 377; 37 S. E., 914; Ry.
Co. v. Ridlehuber, 38 S. C, 308; 17 S. E., 24; Aull v. R. R. Co., 42 S. C, 431;
20 S. E., 302.
The owner is the owner at the time the road was finished through the land. —
Lewis V. R. R., 11 Rich., 91. And the owner having claimed compensation, his
donee cannot afterwards recover the land. — Sams v. R. R. Co., 15 S. C, 484. One
having absolute control may give the consent as owner — Tutt v. R. R., 16 S. C,
365; Tompkins v. R. R., 21 S. C, 420. Owner is a general term and applies to
any one having a legal interest in the land. — Ry. Co. v. Scott, 38 S. C, 34; 16
S. E., 185. Consent of owner may be presumed from circumstances. — Verdier v.
R. R., 15 S. C, 476; Rankin v. S. & K. Ry. Co., 58 S. C, 542; 36 S. E., 997.
Consent not required for entry. — Tompkins v. R. R., 33 S. C, 216; 11 S. E., 692.
Proceedings for compensation may be barred by Statute of Limitations. — Waring
v. R. R., 16 S. C, 416. One co-tenant having granted her interest to railroad
company, other co-tenants cannot recover compensation for right of way until
partition. — R. R. v. Leech, 33 S. C, 175; 11 S. E., 631. Where the grantor co-
tenant died and her share descended to the others, they took same burdened with
the easement. — lb., 39 S. C, 346; 17 S. E., 446. "Lands" includes all rights or
easements growing thereout. — Ross v. R. R., 33 S. C, 477; 12 S. E., loi. This
remedy includes all other remedies for compensation, and is exclusive as to those
cases falling within its provisions. — McLaughlin v. R. R. Co., 5 Rich., 597; Fuller
V. Edings, 11 Rich., 245; Sams v. R. R. Co., 15 S. C, 484; Glover v. Remly, 62
S. C, 52; 39 S. E. As to notice to land owner. — Tompkins v. A. & K. Railroad
Co., 37 S. C, 382; 16 S. E., 149.
Remaindermen are owners within the meaning of the Constitution, Art. i, Sec.
17, and where they refused consent to entry, and the company entered, without
condemning the right of way, under deed from the life tenant, the remaindermen
may bring an action at common law, after the falling in of the life estate to recover
compensation. — Cureton v. S. B. R. R. Co., 59 S. C, 371; 37 S. E., 914. See also
Tutt V. Ry. Co., 28 S. C, 388; s S. E., 531, as to effect of conveyance by life-
tenant. Distinction between action for damages, and proceedings for compensa-
tion.— Ragsdale v. So. Ry. Co., 60 S. C, 381; 38 S. E., 611. Where the company
enters on land without exercising the right to condemn, an action for damages at
common law will lie. — Sims v. Ohio R. & C. Ry. Co., 56 S. C, 30; 36 S. E., 746.
Acquirement of land for right of way by contract to purchase, with proceedings by
interpleader to determine right of contending parties to purchase money. — Cham-
berlin v. N. E. R. R. Co., 41 S. C, 399; 19 S. E., 743. Where private corpora-
tion has power to exercise right of eminent domain to build a private road the
general laws as to highway crossings apply. — Ex parte Bacot, 36 S. C, 125; 12 S.
^•' ^°4- Rights of
Sec. 2188. If the owner of said lands shall signify his refusal ^^^'^^°\ °^^
of consent to entry thereon without previous compensation, g^^g^s^^^^^l^c ^ ^"
or shall remain silent in reference thereto, the person or cor- g~~s~T55i^
R, "S. ' 1744;
1899, XXIII. ,
83.
CIVIL CODE
poration requiring such right of way shall apply, by petition,
to the Judge of the Circuit wherein such lands are situated, for
the empanelling of a jury to ascertain the amount which shall
be paid as just compensation for the right of way required, in
which petition shall be set forth a description of the lands,
the names of the owner, the purposes for which the lands are
required, and such other facts as may be deemed material. On
the hearing of such petition the Circuit Judge shall order the
same to be filed in the office of the Clerk of the Court of Com-
mon Pleas for said County, and shall further order the said
Clerk to empanel a jury of twelve to ascertain the compensation
for the use of the lands required. The Clerk, immediately on
receiving such order, must give to the owner of the lands notice
thereof, in writing, and of the day which shall be assigned. On
the day assigned, the Clerk, in the presence of the parties, if
they shall attend, shall select the names of twenty-four disinter-
ested freeholders of the County, and shall draw therefrom the
names of twelve to act as jurors, and shall cause those so
drawn to be forthwith summoned to meet, at such place and at
such time as he may assign, for the purpose of examining the
said lands and ascertaining the compensation to be made for
the right of way over the same. It shall further be the duty
of said Clerk, in person or by his deputy, to attend at the same
time and place for the purpose of organizing the jury; and he
shall have power to summon from the vicinage other disin-
terested freeholders to act as jurors in the stead of any of those
first summoned, who shall fail to attend or who shall be ob-
jected to by either party on the ground of disqualification on
account of interest.
Powers of Circuit Judge are judicial, not ministerial; he may exercise common
law powers in the execution of his duties. — State v. R. R. Co., i S. C, 46. Though
description of land in petition be insufficient, the Judge has jurisdiction to em-
panel a jury. — Ex parte Bennett, 26 S. C, 317; 2 S. E., 389; ex parte Bacot, 36
S. C, 125; 15 S. E., 204. Does not require service of the petition upon parties
in interest. — Ex parte Bacot, 36 S. C, 125; 15 S. E., 204.
is ^t^eTe^sted^"'' ^^^- ^^^9. In all cascs where the Clerk of the Court of Com-
Q g ^ggj^. mon Pleas shall be the owner of any lands over which it is
fss? ^'xi^x' sought to obtain a right of way in such County, or shall hold
^^^- the legal title thereof as trustee, guardian or committee, or have
any other interest therein, the proceedings for obtaining the
right of way through such lands shall be had as provided in
Probate to act Scction 2 1 88 hereof, except that the Judge of Probate for such
instead *' cu
County shall be substituted for the Clerk of the Court of Com-
mon Pleas and shall assume all of the duties of the Clerk con-
OF SOUTH CAROLINA. 839
A. D. 1902.
tamed in Section 2188 and the following Sections of said
Chapter.
Sec. 2190. The jury so empanelled, after being first sworn gpictpremisis
faithfully and impartially to determine the question of com- f^^ compensa-
pensation submitted to them, shall proceed to inspect the prem- g~s~^552^
ises, and to take testimony in reference to the construction of^gg ^'xi'v'
the proposed highway, and the quantity of land which shall be ^^' § ^•
required therefor; and, irrespective of any benefit which the
owner ma}^ derive from the proposed highway, and with respect
alone to the quantity and value of the land which may be re-
quired, and to the special damage which the owner may sustain
by reason of the construction of the highway through his lands,
they shall ascertain the amount of compensation which shall
be made to the owner thereof, and shall render their verdict in
writing for the same.
As to estimate of compensation. — R. R. v. Partlow, 5 Rich., 428; White v. R. R.,
6 Rich., 47; R. R. v. Sineath, 8 Rich., 185; R. R. v. Blake, 12 Rich., 634. The value
of the land and special damages are only to be estimated under this section. —
Bowen v. R. R. Co., 17 S. C, 574; Tompkins v. R. R., 21 S. C, 420. Supposed
benefits from railroad cannot be considered. — R. R. Co. v. Leech, 33 S. C, 179;
II S. E., 631.
Sec. 2191. From the verdict so rendered it shall be the right pg^/^ht ^f^ap-
of either party to appeal to the first term of the Circuit Court ^^"''^■^^4^°""*
next ensuing in the County, giving to the opposite party fifteen be deposited.
days' notice of such intended appeal, with the grounds thereof ; ^ ^- ^- H^^'i
and, upon the hearing of such appeal, if the Court shall be satis- ^^-^ § ^•
fied of the reasonable sufficiency of the grounds, an issue shall
be ordered, in which the appellant shall be the actor, and the
question of compensation shall be thereupon submitted to a
jury in open Court, whose verdict shall be final and conclusive,
unless a new trial shall be ordered by the Supreme Court. But
in no case of appeal shall the progress of the work of con-
struction be stayed : Provided, The person or corporation re-
quiring the right of way shall deposit with the Clerk of the
Court the amount of the verdict from which the appeal is taken.
Measure of damages. — R. R. Co., v. Sineath, 8 Rich., 185. Special damages. —
Bowen v. R. R. Co., 17 S. C, 574. The service of both the notice and grounds
of appeal within fifteen days essential to the appeal. — Atlantic C. L. R. R. Co. v.
S. B. R. R. Co., 57 S. C, 317; 35 S. E., 552. The order of Court allowing the
appeal is reviewable on appeal from the final order. — lb. But on such appeal the
Supreme Court will not review the finding of the Circuit Court as to the suf-
ficiency of the grounds of appeal. — Chesterfield & K. R. R. Co. v. Johnson, 58
S. C, 560; 36 S. E., 919. As to right of trial by jury in Circuit Court on appeal. —
lb. Order in Circuit Court granting new trial is appealable.- — Atlantic Coast Line
R. R. Co. V. S. B. R. R. Co., supra.
Sec. 2192. Whenever any lands shall be required for the lo-
cation of depots, stations, turn-outs, section-houses, or other
CIVIL CODE
necessary uses of a highway, and from want of agreement as
^gLand|^f or tQ the value thereof, or from any other cause, the same cannot
Q g jgg^. be purchased from the owner, the same may be taken at an
fb 9i" § F*^' assessed valuation, to be made by a jury in Hke manner as
hereinbefore directed for ascertaining the compensation for
fight of way.
Notice to be ggg^ 2193. When the owner, or any one of the several
given to trus- ' -'
cllls^"^ '^^Pub^- owners, of the lands is an infant, or non compos mentis, the re-
sufficient "°1or ciuired notices shall be served upon the trustee, guardian, or
non-residents, committee of such pcrsous ; and if there be no trustee, guardian,
G. s. 1555; or committee, the Clerk of the Court of Common Pleas shall
R. S. 1^49; '
lb., § 6. have power, and he is hereby authorized, to appoint for such
person a guardian ad litem, upon whom the service shall be
made, and who shall represent the interest of such infant, or
person non compos mentis. And if any owner of lands shall
reside beyond the State, or his or her place of residence be
unknown, such owner shall be served by publication as in civil
actions,
ve^t ' ^f(?r* how ^^^' ^^^^' Upon payment of the compensation thus ascer-
long fee to re- taiued by a jury, the right of way over said lands, or the use of
mam in owner. j j .? ' & j >
Q g jggg. said lands for the purposes for which the same were required,
?868 ^'x i^v ' shall vest in the person or corporation who shall hold the
91. § 7. charter of such highway, so long as the same shall be used
for such highway, and no longer; but the fee in such lands,
subject to such special uses, shall remain in the owner thereof,
and nothing herein contained shall be construed to confer upon
such person or corporation any right in, or power over, the
lands so condemned, other than such as may be within the par-
ticular purpose for which such lands were condemned.
The right of way does not rest until payment of the compensation; how pay-
ment is enforced. — Gillison v. R. R. Co., 7 S. C, 173; Buckner v. R. R. Co., 7
S. C, 325. Right of owner to recover damages on account of use of land for
other purposes.- — Ragsdale v. So. Ry. Co., 60 S. C, 381; 38 S. E., 609. Injoining
such use. — lb.
Liability to Sec. 2195. No lands or right of way which have heretofore
condemnation. 1 r 1 1 r 1
been, or may hereafter be, procured for the construction or use
R. 's. ■ 1751 i of any highway, shall be considered exempt from liability to
condemnation ; but the right of way over said land and across
or along such right of way may be condemned for the construc-
tion of any other highway : Provided, That in the construction
of such other highway there be no hindrance to the use and
enjoyment of the highway for which such lands or right of way
were previously procured ; and in all such cases notice of the
OF SOUTH CAROLINA.
application for a jury shall be served upon the president of
the corporation whose lands or right of way shall be required,
or upon any director or local agent of the corporation.
Sec. 2196. Nothing herein contained shall be construed to g^t^y ^f^^^u"/-
prevent entry upon any lands for purposes of survey and lo- \^^- ^'•°'^'^°-
cation; and if in any case the owner of any lands shall permit r/^' g^- if^i
the person or corporation requiring the right of way over the"^^" ^ ^"
same to enter upon the construction of the highway without
previous compensation, the said owner shall have the right,
after the highway shall have been constructed, to demand com-
pensation, and to petition for an assessment of the same in
the manner hereinbefore directed : Provided, Such petition
shall be filed within twelve months after the highway shall have
been completed through his or her lands.
Sec. 2197. All proceedings in relation to the condemnation be°'^fifed"^with
of lands for the right of way, or for other necessary uses of— ^^
any chartered highway, shall be filed in the office of the Clerk r. s'. iibs; it.,
of the Court of Common Pleas for the County in which such '
proceedings were had, and shall be there of record. If the
lands required, or over which the right of way be required,
shall be partly in one County and partly in another, the pro-
ceedings shall be instituted in that County in which the owner,
or a majority of the owners, reside; and if the owner or owners
shall reside in neither of the Counties, or if there shall be an
equal number of the several owners in each County, the pro-
ceedings shall be instituted in that County in which shall lie
the greater part of the lands in reference to which such pro-
ceedings are instituted.
Sec. 2198.' The Clerk of the Court shall be entitled to a fee sheriff's'' ^and
of ten dollars in every case instituted for the condemnation of by'^whom paid!
lands under this Chapter; the same to cover all charges inci- g. s. iseo;
dent thereto prior to appeal, including all fees for recording, -^^ ^" ^^^^'
but not including costs of advertising ; to which shall be added,
in cases of appeal, an additional fee of two dollars, the same
to cover all charges incident to the appeal ; the Sheriff shall
be entitled to a fee of one dollar, and mileage at the rate of
five cents per mile for each service of notice or other paper;
and for the summoning of jurors, the same fee by law allowed
for the summoning of jurors for the Courts of Common Pleas ;
and the jurors shall be entitled to the same per diem and mile-
age by law allowed for attendance as jurors at the Court of
Common Pleas; all of which costs, except the cost of appeal,
CIVIL CODE
shall be paid by the person or corporation requiring the lands
or right of way ; and the costs of appeal shall, in all cases, be
paid by the losing party.
faikfre^'o? ju- ^^^- 2199. Any juror duly summoned to attend at the time
rors to attend. ^^^^ placc designated, who shall fail to attend, shall be pro-
R ^' s^' itS' ceeded against in the same manner, and be subject to the same
penalties, which are or may be prescribed by law for default in
attending as jurors at the Court of Common Pleas.
ARTICLE XL
Penalties and Forfeitures to and by Railroads.
Sec.
2200. Penalty for injuring railroad.
2201. Penalty for obstructing en-
gine or cars.
2202. Acts declared unlawful pro-
hibited, penalties, recovery
of.
2203. Action for penalties, in chan-
cery.
2204. Production of books, papers,
testimony, &c.
2205. Limitation of such actions.
Sec.
2206. Penalty for violations of law
by directors and officers.
2207. Fines and forfeitures, how
collected.
2208. Remedies given by this chap-
ter cumulative.
2209. Proceedings in ease of re-
peated violations.
2210. Penalty for operating com-
peting lines.
Penalty for Scctioii 2200. Whoever wilfully and maliciously injures in
injuring rail- ...
road, &c. any way any railroad or anything appertaining thereto, or any
G. S. 1518; materials or implements for the construction or use thereof, or
lb., § 107. aids or abets in such trespass, shall forfeit to the use of the
corporation for each offense treble the amount of damages
proved to- have been sustained thereby, to be recovered in an
action of tort in the name of the corporation.
„ , , Sec. 220L Whoever wilfullv does, or causes to be done,
Penalty for ' _
obstructing en- anything with intent to obstruct any engine or carriage pass-
— ' ing upon a railroad, or with intent to endanger the safety of
R- s. 1734; persons conveyed in or upon the same, or aids or assists therein,
shall forfeit to the use of the corporation for each offense
treble the amount of damages proved to have been sustained
Acts declared thcrcbv, to be rccovcred in an action in anv Court of competent
unlawful pro- _ _ -
hibited; dam- jurisdiction.
ages and pen- ■" , . . , . ^,
a It y; actions Sec. 2202. Each and every act, matter or thing m this Chap-
for; hmit of -^ ' . . . , .
recovery, &c. tcr declared to be unlawful is hereby prohibited ; and m case
G. S. 1539; any person or persons as defined in this Chapter engaged as
lb., 838, § 128; aforesaid shall do, suffer or permit to be done any act, matter
1882, XVIIL, ^ -^
18, § 14.
OF SOUTH CAROLINA.
or thing in this Chapter prohibited or forbidden, or shall omit
to dO' any act, matter or thing in this Chapter required to be
done, or shall be guilty of any violation of the provisions of
this Chapter, such person or persons shall, where no specific
penalty is hereinbefore already provided for such violation,
forfeit and pay to- the person or persons who may sustain dam-
age thereby a sum equal to three times the amount of the dam-
ages so sustained, to be recovered by the person or persons so
damaged by suit in any Circuit Court in this State where the
person or persons causing such damage can be found, or may
have an agent, office or place of business ; but in any such case
of recovery the damage shall not be assessed at a less sum than
two hundred and fifty dollars ; and the person or persons so
offending shall, for each offense, forfeit and pay a penalty of
not less than one thousand dollars, to be recovered by the State
by action in any Circuit Court aforesaid, to be brought by the
Attorney General upon the request of the Railroad Com-
missioners
Only action allowed for obstructing a way is under this Section for the specific
penalty. — Ross v. R. R., 33 S. C, 477; 12 S. E., loi.
Sec. 2203. Any action brought, as provided in the preceding regarded °as
Section, to recover any penalty or damages, may be considered, equity furisdic-
and, if so brought, shall be regarded, as a subject of equity tlve'reHefMn-
jurisdiction, and discovery and affirmative relief may be sought ^""'^ '""' — fl_
and obtained therein. In any such action so brought as a cascR. 's. ' nsej
of equitable cognizance, preliminary or final injunctions may, '
without allegation or proof of damage to the plaintiff or com-
plainant, be granted upon proper application, restraining, for-
bidding and prohibiting the commission or continuance of any
act, matter or thing within the terms or purview of this Article
prohibited or forbidden.
R. R. Commissioners v. R. R. Co., 26 S. C, 353; 2 S. E., 127.
Sec. 2204. In any action aforesaid, and upon any application p i o y'^e"' &c.',
for any injunction provided for in the two preceding Sections, c°ompenabie^"o
any director, officer, receiver or trustee of any corporation ord^uct'ioVof
company aforesaid, or any receiver, trustee or person aforesaid, persf &c. ^^'
or any agent of any such corporation or company, receiver, g. S. 1539;
trustee or person aforesaid, or of any of them alone or withj^;.
any other person or persons, party or parties, may and shall
be compelled to attend, appear and testify and give evidence ;
and no claim that any such testimony or evidence might or
might not tend to criminate the person testifying or giving evi-
dence shall be of any avail ; but such evidence or testimony
844 CIVIL CODE
A. D. 1902.
^ , ' shall not be used as against such person on the trial of any
indictment against him. The attendance and appearance of
any of the persons who, as aforesaid, may be compelled to
appear or testify, and the giving of the testimony or evidence
by such persons, respectively, and the production of books and
papers by them, may and shall be compelled, the same as in the
case of any other witness ; and if such deposition or evidence or
the production of any books or papers may be desired or re-
quired for the purpose of applying for or sustaining any in-
junction aforesaid, the same and the production of books and
papers may and shall be had, taken and compelled by or before
the Clerk of the Court in which said action is pending, or in any
manner provided by the laws of this State as to the taking of
other depositions or evidence, or the attendance of witnesses or
the production of other books or papers.
Limitati9n of Scc. 2205. No actiou provided for in the three preceding
action; judg- ^ . .
ments, against Scctions shall be sustaiucd unless brought within two vears
whom to be . "
rendered. after the causc of action shall accrue. And any judgment
G. s. 1539; under the provisions of this Article shall be rendered against
Iv. o. 1738 J , , - , -
lb. the person or persons violating its provisions, and against the
corporation or corporations in whose service or under whose
authority they perform such unlawful acts.
Penalty o f Scc. 2206. Any director or officer of any corporation or com-
Director for _ -^ _ -^ ^ _
violation. pany acting or engaged as aforesaid, or any receiver or trustee,
G. S. 1540; lessee, or person acting or engaged as aforesaid, or any agent
1882, XVI I., of any such corporation or company, receiver, trustee, or per-
son aforesaid, or of one of them alone, or with any other cor-
poration, compan}'-, person, or party, who shall directly or in-
. directly do, or cause or willingly suffer or permit to be done,
any act, matter, or thing in this Chapter prohibited or for-
bidden, or directly or indirectly aid or abet therein, or shall
directly or indirectly omit or fail to do any act, matter, or thing
in this Chapter required to be done, or cause or willingly
suffer or permit any act, matter or thing so directed or required
to be done, not to be so done, or shall directly or indirectly aid
or abet any such omission or failure, or shall directly or in-
directly be guilty of any infraction of this Chapter, or directly
or indirectly aid or abet therein, shall, unless otherwise herein-
before specially provided, be guilty of a misdemeanor, and,
upon conviction thereof, shall be fined not less than two hun-
dred dollars.
Sec. 2207. In the case of all fines or forfeitures, provided for
OF SOUTH CAROLINA.
or prescribed in this Chapter, such fines or forfeitures shall be
collected by an action to be brought in the name of the State ^ ^i''^^/! j^^n d
against the offending person or corporation in any Court of how collected.
competent jurisdiction, by the Attorney General of this State, ^ /^-s^- l^l]
or the Solicitor of the Circuit in which the offence is in whole '^''•' § ^^^•
or in part committed. And upon recovery in any such action,
the Attorney General, or the Solicitor, as the case may be, con- *
ducting such proceedings, shall be entitled to a compensation
of ten per cent, of the amount so recovered and actually col-
lected, and the balance shall go to the State.
Sec. 2208. This Chapter shall not be so construed as to
waive or affect the right of any person injured by the violation pg^sons i^.
of any law in regard to railroad corporations from prosecuting 1^^^^!^'^^^^^'^^^
or proceeding for his private damages in any manner allowed ^^^^^^''^-
by law. But the remedies hereby given the persons injured p. G- g^- J^*^:
shall be regarded as cumulative to any and all the remedies ■'^''•
now given by or existing at law against railroad corporations.
Kaminitsky v. R. R. Co., 25 S. C, 53-
Sec. 2209. Whenever any of the railroad corporations of this
State have repeatedly and wilfully violated any of the pro- Proceedings
visions of this Chapter, and have been found guilty, or judg- p"atef °vioia-
ment had against them within this State, of such violation. '^'°"^-
more than once, or penalties have been recovered in penal j^/^- g^- ^7^2!
actions for such violations more than once, the Commissioners ^^■' ^^^' ^ •^^^•
may, if they think it consistent with the public interest, instruct
the Attorney General to proceed against such corporation, in
any Court of competent jurisdiction, by an information in the
nature of a quo warranto, alleging such conviction or recoveries
as cause of forfeiture of their respective charters of incorpora-
tions, and upon proof of the same, there shall be judgment of
ouster and final execution as in other cases of proceedings by
quo warranto.
Sec. 2210. Any railroad company owning, leasing or
operating competing railroad lines within this State in viola- a ran7oa°d
tion of law shall be subject to a penalty of one hundred dollars ratiSg"^co m-
for every day that such competing lines are owned, leased or?^*'"°
operated, such penalty to be recovered in any Court of com- 492.
petent jurisdiction in any County through which either of such
competing lines may pass, by any citizen thereof who may sue
for the same, one-half of such penalty to go to the party suing
therefor and the other half to the State: Provided, That the
1897, XXII..
'846
CIVIL CODE
A. D. 1902.
provisions of this Chapter shall be without prejudice to any
remedy which the State may be entitled to in its own behalf.
CHAPTER LI.
Telegraph, Telephone and Express Companies.
2212.
2213.
Sec.
2211. Powers of telegraph and tele-
phone companies.
Eights of way, how obtained,
generally.
Rights of way, how obtained,
from railroad companies.
2214. Proceedings to ascertain
amount of damages.
2215. Manner of trial, verdict.
2216. Mistrials, new trials.
2217. Right of appeal.
Sec.
2218. When condemnation proceed-
ings may be had.
2219. Bond for costs.
2220. Express and telegraph com-
panies under control of rail-
road commissioners.
2221. To contribute to expenses and
salaries.
2222. Discrimination by telephone
companies prohibited.
2223. Damages in action for negli-
gence against telegraph com-
I panies.
A telephone company may be required by mandamus to afford equal facilities to
persons desiring to use same. — State ex rel Gwynn v. Citizens' Tel. Co., 61 S. C,
83; 39 S. E., 262.
Telegraph Sectioii 2211. Anv tclesfraph or telephone company incorpo-
and telephone ^ o r f f j f
c o m p a nies; rated Under the laws of this or any other State, upon complyinar
powersof. . ±^0
regulated. With the laws of tliis State regulating foreign corporations, and
1899, XXIII. , by becoming a domestic corporation, may construct, maintain
and operate its line through, upon, over and under any of the
public lands of this State, under, over, along and upon any of
the highways or public roads of the State ; over, through or
under any of the waters of this State ; on, over and under the
lands of any person, company or corporation in this State ; and
along, upon and over the right of way of any railroad or rail-
way company in this State : Provided, The same are constructed
so as not to endanger the safety of persons or to interfere with
the use of such highways or public roads, the navigation of such
waters, or the operation and running of the engines and cars of
such railroads or railways, and just compensation is first paid
such land owners and railroad or railway companies for such
right and privilege, to be ascertained in the manner hereinafter
provided for.
Sec. 2212. Whenever any telegraph or telephone company
Rights of
way; how ob-
tained.
desires to construct its lines on, over or under the lands of any
person, company or corporation other than railroad or railways,
and fails to agree with the ov/ners of such lands upon the com-
pensation to be paid as damages for such right and use, such
company may secure such right and privilege by the institution
OF SOUTH CAROLINA. 847
A. D. 1902.
and prosecution of condemnation proceedings against such land "— ^-y—- '
owners, as provided for and authorized in Article X. of Chap-
ter L. of this Code, providing for securing to railroads a right
of way in this State.
Sec. 2213. Any telegraph or telephone company authorized ^f^^ay "|i\y
to construct its lines upon the right of way of the railroad or f^om'^ railroad
railway companies in this State, are hereby authorized to con- '^°"p^'^'^^-
tract with such companies for such right and privilege; but
failing to make such contract, may file its petition in the office
of the Clerk of the Court of Common Pleas of any County
into or through which said railroad or railway runs, or is con-
structed, at any time not less than thirty days before a term
of said Court, setting out therein wdiere it is incorporated, and
that it made an effort to agree with the defendant railroad or
railway company for the right to construct, maintain and
operate its lines upon the right of way of such railroad or rail-
way company in the State of South Carolina, and failed; and
that it has given bond for costs in the sum of two hundred
dollars, approved by the Clerk of said Court, and how and in
what manner it proposes to construct its lines upon such right
of way ; and offering in said petition to remove, at its own ex-
pense, any of its poles, wires, structures or appurtenances, if
at any time their construction interferes with the right of de-
fendant railroad or railway company, to construct additional
tracks, switches, crossings, warehouses, depots, turn-tables,
water tanks or any other structures for the use of said railroad
or railway company, upon reasonable notice given it, at its
expense, to such other points or places upon said right of way
as may be agreed by said companies ; also, not to interfere or
come in contact with any other telegraph or telephone lines
already constructed on said right of way; and there shall be
but one such proceeding by the petitioner against the same
railroad or railway company, and the damages to be paid shall
be ascertained for its entire length in this State for such rights
and privileges by said proceedings : Provided, That the defend-
ant in all such cases shall have the right to apply for a removal
of such case for trial to any other County through which said
railroad runs, as provided by law in other cases.
Sec. 2214. It shall be the duty of the Clerk of said Court, ^ , Duties o f
. .. . Clerksof
upon the filing of said petition, to issue summons, directed to Court to sum-
. . . mon railroad
said railroad or railwa}^ company, which, with a copv of said c o m p a n les,
t when petition
petition, shall be served upon the same, by serving it upon anyjs filed; how
assessed, &c.
CIVIL CODE
agent in said County, as other civil process is by law authorized
to be served upon railroad or railway companies in this State;
and the Clerk shall docket said cause, which shall be tried at the
next ensuing term of said Court, as other civil causes are tried ;
except that the Court shall first hear proof of the allegations of
said petition as to its incorporation, and its failure to agree with
the defendants, which, if satisfactory to the Court, an order to
that effect shall be entered, when the issue of fact involved
therein, together with question as to the amount of damages
to be paid the defendant by the petitioner, shall be immediately
submitted to a jury, which shall be sworn as follows: "You,
and each of you, do solemnly swear (or affirm) that you will
assess just compensation to which the defendant is entitled
from the petitioner for the construction, maintenance and opera-
tion of its lines upon the right of way of the defendant, in the
manner set out in the petition on file in this cause."
triaPand^form ^^^' 2215. Testimony as to the issues of fact involved, and
of verdict. irrespective of any benefit which the railroad company may
derive from the proposed telegraph or telephone lines, the rail-
road or railway company will suffer by reason of the construc-
tion, maintenance and operation of the telegraph or telephone
lines upon its right of way, in the manner set out in the petition,
will be admissible; and after argument of counsel for the pe-
titioner and the defendant, if the respective parties are so rep-
resented, and the Judge's charge, the jury shall return into
Court their verdict, in writing, in the form following: "We,
the jury, find for the defendant, and assess the damages to
which it is entitled from the company for the
right to construct, maintain and operate its lines upon the right
of way of the defendant, in the manner set out in its petition,
through the Counties of dollars."
The Court shall give to the jury the written form of the verdict,
leaving blank only the amount of damages ; which verdict, with
the judgment of the Court thereon, shall be entered as other
judgments of said Court. The judgment of the Court shall
authorize the petitioner, upon the payment of the amount of
the verdict to said defendant, or to the Clerk of said Court,
subject to the order of said defendant, to construct, maintain
and operate its lines in the manner set out in its petition, and
not otherwise,
new t?iai"1s Scc. 2216. In the event the jury in said cause fails to agree
^^^- upon a verdict, and is discharged by the Court, it shall be the
OF SOUTH CAROLINA. 849
' A. D. 1902.
duty of the Court to cause another jury to be empanelled at the ^ * — -^
same term of said Court, and again try the issue in said cause :
Provided, Sufficient time therefor remain, and if not, then at
the next term thereof.
Sec. 2217. Either party feeling itself aggrieved at the verdict Rig^it of ap-
of the jury may appeal said cause to the Supreme Court of the
State, which shall be docketed, heard and determined as other
civil causes appealed to said Court. But the telegraph or tele-
phone company may proceed to construct its lines, notwith-
standing an appeal may be taken, upon the payment into Court
the amount of the verdict of the jury as hereinbefore author-
ized.
Sec. 2218. If anv agent or attornev for the telegraph or tele- when con-
' , . demnation pro-
phone company shall, in writing, offer or propose to the presi- ceedings may
dent or general manager of any railroad or railway company
to agree upon terms to construct its lines upon the right of way
of such railroad or railway company, and no definite response
of consent or refusal be given him within thirty days, then such
company may proceed to condemn in accordance with the pro-
visions of this Chapter, without further effort to agree upon
terms for such right of way for its use and benefit.
Sec. 2219. The telegraph or telephone company, before insti- Bond for
tuting proceedings under this Chapter, shall give a bond for
costs in the sum of two hundred dollars, to be approved by the
Clerk of the Court in which its petition is filed, and shall pay
all costs of the proceedings, unless, upon appeal by the railroad
or railway company, the judgment of the Court appealed from
is sustained by the Supreme Court ; then, in such case, the rail-
road or railway company shall pay all of the costs of such ap-
peal.
Sec. 2220. All companies or persons owning, controlling or
operating, or that may hereafter own, control or operate, a telegraph com-
7. - ,. panics placed
Ime or Imes of express or telegraph, whose Ime or lines is under powers
. , . „ of R a ilroad
or are in whole or in part in this State, shall be under the Commission.
control of the Railroad Commissioners of this State, who isss, xxii.,
' 780.
shall have full power to regulate the prices to be charged by
any company or person or persons owning, controlling or
operating any line or lines of express and telegraph for any
service performed by such company, person or persons ; and all
the powers given to said Commissioners over railroads in this
State, and all the penalties prescribed against railroad com-
panies or persons operating railroads by existing laws, are
54--C
CIVIL CODE
hereby declared to be of force against corporations, companies
or a person or persons owning, controlling or operating a line
or lines of express and telegraph doing business in this State,
whose line or lines is or are wholly or in part in this State, so
far as said provisions of the law can be applicable to any cor-
poration, company, person or persons owning, controlling or
operating a line or lines of express and telegraph.
Com^ssk)ne?s ^^^ powcrs of the Commissioners to regulate charges by
cha^rges."^^*^^o^P°^^tions, Companies and persons herein referred to shall
apply to charges by express for transportation from one point
to another in this State and messages sent by telegraph from
one point to another in this State,
of^he^^afiroad ^^^' 2221. The telegraph and express companies shall
are° ^M. ^^^'°" ^car their pro rata part of the salaries of the Railroad Commis-
Pro rata part sioncrs bascd on their gross earnings. The said assessment
and^'^cofiected^ against the express companies and telegraph companies shall
^^- be charged up against the said corporations, respectively, under
the order and direction of the Comptroller General, and shall
be collected by the several County Treasurers in the manner
prescribed by law for the collection of taxes from such corpo-
rations, and shall be paid by them as collected into the Treasury
of the .State in like manner as other taxes collected by them
for the State : Provided, The Comptroller General shall be em-
powered and instructed to assess and collect from the express
and telegraph companies and the said companies required to
pay the sum of five hundred dollars to be apportioned between
the said companies according to their gross earnings, and to
pay the same over to the Railroad Commissioners as a con-
tingent fund to be used by the said Railroad Commission for
the purpose of organizing their new departments and informing
themselves upon matters pertaining thereto.
Unreasonable gee, 2222. No telephone company doing business in this
a iscrimmation ^ x ^ <j
b y telephone gtatc shall make anv difference in the rates at which they
companies pro- - _
hibited. furnish telephones and telephone service to its patrons or sub-
1898, XXII., scribers at its different offices or places of business in the several
cities or towns, more than is necessary on account of the dif-
ference in the cost of supplying such telephones and telephone
service, the number of its subscribers at its different offices or
places of business being taken into consideration.
Penalty for /^^-^y telephone companv which shall violate the provisions of
discrimination j f f ^ rr
in charges. ^j^jg Sectiou shall pay and forfeit to each of its subscribers or
patrons when it charges such higher rate double the difference
OF SOUTH CAROLINA.
between the rate so unlawfully charged and the rate which
should be charged according to the provisions of this Section,
to be recovered by suit in any Court of competent jurisdiction.
State ex rel. Gwynn v. Citizens' Tel. Co., 6i S. C, 83; 39 S. E., 257.
Sec. 2223. All telegraph companies doing business in this
State shall be liable in damages for mental anguish or suffer- j^°^™^^|f ^°^_
ing even in the absence of bodily injury, for negligence in re- §y'^ ^egHgenct
ceiving, transmitting or delivering messages. coLpanks"'^^^'^
Nothing contained in this Section shall abridge the rights or -^^^^^ xxiii.,
remedies now provided by law against telegraph companies, ''^■
and the rights and remedies provided for by this Section shall Cumulative,
be in addition to those now existing.
In all actions under this Section the jury may award such
damages as they conclude resulted from neghgence of said jufy^^^'" ° *
telegraph companies.
Action at common law for actual damages. — Wallingford v. W. U. Tel. Co., 60
S. C, 201; 38 S. E., 443; Gist V. Western Union Tel. Co., 45 S. C, 344; 23 S. E.,
143; Hill V. Western Union Tel. Co., 42 S. C, 367; 20 S. E., 135; Mood v. West-
ern Union Tel. Co., 40 S. C, 524; 19 S. E., 67.
CHAPTER LII.
Unincorporated Joint Stock and Other Associations.
Sec.
2224. Joint stock companies must
record articles of agree-
ment, &c. ; where.
2225. How suits may be brought ;
on whom service may be
made.
2226. Liabilities of shareholders for
debts after transfer ; how
discharged.
Sec.
2227. Clerk to keep book for re-
cording articles ; his fees.
2228. Not applicable to chartered
companies.
2229. Unincorporated associations,
by what name may be sued.
2230. On whom process may be
served.
2231. Liability under final process.
Section 2224. Everv joint stock company issuing scrip or cer- Joint stock
-■' r J o r- companies
tificate for shares transferable at the will of the holder thereof ™ "J ^ record
articles ot
hereafter formed shall, within thirty days after its formation, ^j^|ement,&c.,
cause the articles of their agreement or association to be re- — ^ — ^ — ^^
corded in the office of the Clerk of the Court of Common Pleas ^-^^ x vYY'
of the County, with the names of the shareholders and the ''^' § ^•
numbers of the shares held by each in every County in which
it has an office or agency at which its business is carried on.
Sec. 2225. Actions by or against such companies so recorded b^brou"gM™on
may be brought by or against them in the name of the company ^\^ made^^
or association, without naming the shareholders therein ; and in — g~~s~1Io6^
suits brought against any such company, service upon the presi-||- ^-^ ■^^^^'
CIVIL CODE
dent, chief manager, purser or other principal officer named in
the said articles of agreement shall be good service upon each
and every one of the said company or association at that time
recorded as shareholders therein, or who were so at the time the
cause of action arose, and no change or transfer of the shares
pending the said action shall cause any abatement thereof.
s hH^r eh7ide?f ^ec. 2226. No transfer of stock or shares shall avail to dis-
transfer^ ^how chargc the shareholders transferring the same from liability to
discharged. third person for debts contracted after such transfer until
R.^'sf' 1773; ^t h^s been reported to the Clerk of the Court where any such
lb., § s. company is recorded and by him or his deputy been entered in
a column to be kept for that purpose annexed or in connection
with the list of shareholders previously recorded.
book? fCr^'r?- Sec. 2227. The Clerks of the Courts of the respective Coun-
des;'"fis fees." ^^^^ shall bc required to keep proper books for recording such
G. s. 1408; articles of agreement and association, and shall be entitled to
fb., 71,' § I'J^'' the same fees to which the Register of Mesne Conveyances are
entitled for recording papers, and twenty-five cents for regis-
Not appiica- tcriug each transfer oi shares.
compan^ies!""'^ Sec. 2228. The provisions of the foregoing Sections shall
G s 1409- not apply to companies chartered by Act of the General As-
Unincorpo- Scc. 2229. All Unincorporated associations may be sued and
tfons; by^^what procccdcd against under the name and style by which they are
name may be usually kuowu, without narning the individual members of the
G. s. 1410; association.
^65, \ i^Pi.', Sec. 2230. Process served on any agent of any unincorpo-
315, § 2. rated association doing business in this State, under the name
c?ss ^may^Teand Style by which it is usually known, shall be sufficient to
^^^^ ' make such association a party in any Court of record in the
R. ' s. ' 1777; County in which such agent may be served.
2i5!'§ 1. ^ " Sec. 2231. On judgment being obtained against such asso-
Liabiiity under ciation Under such process, final process may issue to recover
fina process, gatisfactiou of such judgment, and any property of the said
R. ' s. ' 1778; associatiou, and the individual property of any copartner or
lb., § 2. member thereof, found in the State, shall be liable to judgment
and execution for satisfaction of any such judgment.
OF SOUTH CAROLINA.
CHAPTER LIII.
Of Draining Corporations.
Sec.
2232
2233.
2234.
2235.
2236
How incorporated ; by what
name to be known ; powers.
Right of entry for inspecting,
&c., given ; method of ob-
taining land.
Commissioners to
pointed by Court.
Their duties.
In case of dispute,
be by jury ; new
lowed.
2237. Appeal from Commissioners
to Court.
2238. Upon final determination,
land to be entered on, &c.,
costs on appeal.
Rent to be paid by persons
not members for use of
canal.
be ap-
trial to
trial al-
2239.
Sec.
2240. Terms on which adjoining
owners may become mem-
bers.
2241. Lands liable for debts of
corporation.
2242. Who to be deemed owners of
land for purposes of this
Chapter ; proviso.
2243. What to be deemed inland
swamps.
2244. Officers of corporations, &c.
2245. When swamps or bottom
lands to be deemed an in-
land swamp.
2246. When owner of inland swamp
may have the rights of a
corporation.
mcor-
y
Section 2232. Whenever two-thirds or more of the proprie- ^°^^.^^%
tors of lands lying in any inland swamp, owning not less than what^ name to
two-thirds of such swamp, shall associate themselves together, powers.
by written articles of agreement, for the purpose of draining and j^ G. ^s. ^662;
improving the same, (to be filed and recorded in the Clerk's ^g|^|'j ^^ ^•'
office of the County in which the said land, or the larger portion
thereof, may lie,) they shall, thereupon, become and be a body
corporate, for the purpose aforesaid, by the name of the propri-
etors of said swamp, designated by the name by which it is
commonly called and known, and shall have power and au-
thority to make and ordain by-laws for the regulation and gov-
ernment of such corporation, not inconsistent with any law or
statute of force within this State, and to make such assessments
of money and labor on the members of the corporation as may
be requisite for carrying into effect the objects thereof.
Sec. 2233. It shall be lawful for every such corporation, by^^^is^^^t o^f
its agents, surveyors, engineers, and assistants, to enter upon specting^^ &c.^
any lands and premises lying in or near the swamp, for theo^f^ obtaining
draining and improvement whereof such corporation shall have ^ g ^g^g.
been formed, and owned by persons not being members of such R^ s^ i75V;
corporation, for the purpose of inspecting, examining, and sur-
veying the same; and it shall appear by the report of a com-
petent engineer to be necessary for the draining and improve-
ment of such swamp that any canal, water way, ditch, drain,
dam, embankment, sluice, flood-gate, or other work, should be
854 CIVIL CODE
A. D. 1902.
^ V ' made or constructed in, through, or upon any lands of any per-
son not a member 6f the corporation, and no agreement can be
made for obtaining the consent of the owner of said land there-
to, then such corporation may apply, by petition, to the Circuit
Court of Common Pleas of the County in which such land is
situated, (and if it lies in several Counties, to the Court of
either of said Counties,) setting forth the facts of the case, and
praying that Commissioners may be appointed by the Court to
ascertain and assess the value of the land which would be occu-
pied by such works, and also the amount of. loss or damage
which the making or construction thereof would cause to the
owner of the land ; a copy of which petition, together with a
copy of the engineer's report upon which it is founded, and
notice in writing of the time and place at which the same will
be brought to a hearing, shall be served upon the owner of the
land at least ten days before such hearing.
Commission- gcc. 2234, Upou the hearing of such petition, unless it be de-
ars to be ap- -"^ o jr '
?:ourt' * ^ '^ ^ ^ iiied by affidavit that it is necessary for the draining and im-
— - — s 1564- provement of such swamps to make or construct any
?8 5 6^" x'l?' ^'^°''^^' ^^ aforesaid, through or upon the land owned by any
565, § 2. person not a member of the corporation, and affirmed, in the
same manner, that such swamp can be as well and effectually
drained and improved without encroaching upon any such land,
the Court shall appoint three competent and disinterested per-
sons to be Commissioners for the purposes aforesaid.
Their duties. ggQ_ 2235. The pcrsous so appointed, having first been duly
R ^'s^' 1759- sworn to execute and perform the duties assigned them as such
^^- Commissioners truly and impartially, and to the best of their
judgment and ability, shall proceed to inspect and examine the
premises, giving at least three days' previous notice of such
inspection and examination to the parties interested, and, after
such inspection and examination, to make the valuation afore-
said, and return the same in writing, under their hands to the
Court,
dispute'^^^^riai ^^^' ^236. In casc of such denial and affirmation, as afore-
new^ tnai^Ti-S^^^' ^^^ issuc SO made shall be submitted in a summary manner
^Q^'^*^- to a jury, and upon the finding of a jur\' if the same shall be
R*^"s^' 1760-^°^ ^^ petitioners. Commissioners shall be appointed, and
^^- proceed as before directed ; but if the jury find for the respond-
ents or defendants, no appointment of Commissioners shall be
made : Provided, That either party may move for a new trial ;
OF SOUTH CAROLINA.
but not more than one new trial shall be allowed in any case on
the same issue.
Sec. 2237. Either party may appeal from the valuation and Appeal from
^ -' J irr Commissioners
assessment made by the Commissioners to the Court at its next^° Court.
session after such valuation and assessment, giving reasonable j^ ^- g^- '\^^J^'
notice of such appeal to the other party, whereupon the Court ■^''•
shall cause a new valuation and assessment to be made by a
jury, and their verdict shall be final and conclusive, unless a
new trial be granted : Provided, That not more than one new
trial shall be allowed in any such case of valuation and assess-
ment.
Sec. 2238. Upon the final determination of such valuation deSm^natfon^
and assessment, either bv the return of the Commissioners notj^"'^, *° ^^j,^""
' terecl on, &c. ;
appealed from, or in case of appeal by the finding of a jury not '^°J ^ ^ °" ^p-
appealed from, or upon a second finding after a new trial is^ ^ — j^
granted, and upon payment of the amount of such valuation and ^^ g ^- ^ Yf '
assessment to the party entitled to receive the same, or upon ^^^' § 2.
tender and refusal thereof and payment of the same into Court,
it shall be lawful for the corporation, at all times thereafter, by
its officers and agents, to enter upon the land to which such val-
uation and assessment had reference, for the purpose of making
and constructing, maintaining, and keeping in repair any such
work, as aforesaid. In all cases of appeal, full costs shall be
awarded.
Sec. 2239. If anv person owning land in or near any inland ?,^ " * ^o be
- r^ 0 J paid by per-
swamp, for the draining and improvement whereof any such ^°^s ^°^ "^^""j
corporation shall have been formed, not being a member of the c^"^'-
same, or any tenant or agent of such person, shall, for the „ ^- g^- ^Sg?:
purpose of draining, flowing, or in any manner using, benefit- ■^^•' 5^7, § 3.
ing, or drawing profit from such land, make use of any canal,
water way, ditch, drain, dam, embankment, sluice, flood-gate,
or other work made or constructed by such corporation, without
the consent of the corporation, such owner or tenant shall be
liable to pay to the corporation such reasonable rent therefor as
they may demand, not exceeding one-third of the clear annual
value of the land, including any addition thereto derived from
the use of any such work as aforesaid.
Sec. 2240. The owner of the land in or near anv inland Jfrms on
-' wnicn adjoin-
swamp, for the draining and improvement whereof any such '^^^ ° ^^^^^^^1
corporation shall have been formed, desiring to become a mem- ^^^^^^s-
ber of such corporation, instead of paying rent as above pro- j^ ^- g^- i^to;
vided, shall be at liberty to do so by paying his proportion of ^^-
CIVIL CODE
the expenses incurred by the company, with interest on the
same,
f o^^^debts^^of ^^^' 2241. All the lands drained and improved by any cor-
corporation. ppration formcd as aforesaid, and owned by members of such
R ^' s^' 1765- corporation, shall be liable for the debts of the corporation, and
lb., § 4. if ti^g land of any member of any such corporation shall be
taken in execution and sold to satisfy any judgment or decree
against the corporation, the person whose land shall have been
so taken in execution and sold, shall be entitled to receive as
compensation therefor, by contribution from the other members
of the corporation, the value thereof, and shall have the benefit
of the lien of such judgment or decree for enforcing the pay-
ment thereof, for which purpose such judgment or decree shall
remain in full force and virtue.
deeSS° o°w n' Scc. 2242. Any person having a legal or equitable estate, in
purposes'^'^ o°f ^^^ ^^ ^^^ ^^^c, in land lying in any inland swamp, or in land
proviso ^^^'^^'^' through or upon which it may be necessary to make or construct
G s 1572- ^^y work for draining or improving any such swamp, (except
fb 56S §"^5^^' mere trustees without beneficial interest,) shall be deemed a
proprietor or owner of such land, for the purposes of this
Chapter; and in every case in which any such person shall be
an infant, married woman, idiot or lunatic, the guardian of such
infant, the husband of such married woman, and the committee
of such idiot or lunatic, shall be deemed a proprietor or owner
of such land, for the purposes of this Chapter: Provided,
That such guardian, husband, or committee, shall apply in a
summary way, by petition to the Court of Probate in behalf of
their respective infants, wives, idiots or lunatics, for leave to
become members of any corporation formed under this Chapter
for draining and improving the swamp in which the lands of
such infants, wives, idiots and lunatics are situated, in respect
of such lands, and the said Court shall have power to inquire
into the propriety of granting such leave, and to make such
order therein as may seem meet; and if the Court shall grant
leave, it shall be lawful for the person who shall have pre-
sented the petition to become a party to the articles of asso-
ciation for forming such corporation in respect of such land,
and the same shall be as binding and effectual, to all intents and
purposes, as if such person had been the actual proprietor of
such land.
Sec. 2243. Every swamp, except such as are commonly called
OF SOUTH CAROLINA.
river swamps, or river bottoms, or river margins, shall be
deemed an inland swamp, for the purposes of this Chapter. deemed'' in°iand
Sec. 2244. Every corporation formed under the provisions of swamps.
this Chapter shall have a Chairman and a Secretary, and shall j^ ^- g^- l^l^'i
keep regular minutes of its proceedings. self §'6.'^ ^ ^"
Sec. 2245. Whenever two-thirds or more of the proprietors officers o f
of the swamp or bottom lands lying on any river, creek or other |^° rporations,
water course, owning not less than two-thirds of all such swamp ^ ^ ^^.
or bottom, shall enter into written articles of agreement that]^- g^^ '^'^^^''
such swamp or bottom shall be deemed and taken to be an ^j^^^^ g^amp
inland swamp, and be subject to the provisions of this Chapter, ^^^^^^^ °^y °^'^
such swamp or bottom shall thereupon be deemed and taken to i^nXswamp ^^'
be an inland swamp, and be subject to all the provisions of this ^ s~i575^
Chapter, in the same manner as other inland swamps, and the|^- g^-g '^'^^^'
owners thereof shall be invested with all the rights, powers,
and privileges, as hereinbefore given to the owners of inland
swamps, and shall be subject to the same conditions and obliga-
tions.
Sec. 2246. Where such inland swamp is owned to the amount o f f n iTn^d
of two-thirds by one individual, he or she shall possess all the llv™ W?igfct
rights and powers conferred by this Chapter on the corporation °ion.^ corpora-
aforesaid. G. S. 1576;
R. S. 1770;
— -^— lb., 569, § 9.
TITLE XIII.
OF THE INTERNAL POLICE OF THE STATE.
Chapter LIV. The State Hospital for the Insane.
Chapter LV. Estrays.
Chapter LVL Wrecks and Shipwrecked Goods.
Chapter LVII. Immigrants and Seamen.
Chapter LVIII. Protection of Fish and Sheep.
Chapter LIX. Gambling Contracts and Contracts of Sale
for Future Delivery.
Chapter LX. Licenses.
858
CIVIL CODE
A. D. 1902.
CHAPTER LIV.
The State Hospital for the Insane.
Sec.
2247.
2248.
2249.
2250.
2251.
2252.
2253.
2254.
2255.
2256.
2257.
2258.
2259.
2260.
2261.
Regents, appointment and
term of ofBce.
Corporate name and powers.
Who to be admitted as pa-
tients.
Preferences to be given in
admissions.
Application for admission.
Duty of Superintendent
tliereon.
Certificate as to patient's
condition.
Fees for conveying patients
to Hospital.
Financial standing of pa-
tients to be ascertained, &c.
Proceeding when patient be-
comes indigent.
Proceeding when beneficiary
acquires means.
Non-residents may be ad-
mitted as pay patients.
Furlough for convalescent
patients
Police officers ; powers and
duties.
No highways through grounds.
Sec.
2262. Committee for estates of pa-
tients.
2263. Physicians' certificates, con-
tents, &c.
2264. Circuit Judges may commit
insane persons charged
with the commission of
crime.
2265. Duty of Sheriff in transport-
ing patients to the Hos-
pital.
2266. Re-examination of patients.
2267. Discharge of patients.
2268. Inebriates to be received as
pay patients.
2269. Certain patients to be re-
moved to Poor House.
2270. Employes to be discharged
for assaults on patients.
2271. Annual report of Regents.
2272. Lot vested in Regents.
2273. Regents may close certain
streets.
2274. Officers and employes exempt
from military duty.
Regents to be
appointed b y
Governor;
number; term;
vacancies.
G. S. 15S1;
R. S. 1779;
3877, X V I.,
249; 1891, 1117;
1896, XXII.,
180.
Regents in-
c o r p o rated ;
their powers,
&c.
G. S. 1585;
R. S. 1780;
1827, VI., 322,
§1;1871, XIV.,
672.
Section 2247. The Governor shall appoint five Regents of the
State Hospital for the Insane, who shall hold their offices for
six years from the day of appointment, except upon the occur-
rence of a vacancy in the regency, when the Governor shall
fill the same by an appointment for the unexpired term only.
Sec. 2248. The said Regents, by the name of "The Regents
of the State Hospital for the Insane of South Carolina," shall
form a body corporate in deed and in law, for all the purposes
of the said institution, with all the powers incident to corpora-
tions ; and are hereby authorized and empowered to make and
establish all rules, regulations and by-laws for the government
of the institution, which, when made, shall be reported to the
next Legislature for their approval or rejection, but until re-
jected by the Legislature shall be in force; and to fix the
amount of the salaries or emoluments of the officers or medical
attendants, not otherwise provided for by law, and to establish
the rates of admission, maintenance and medical attendance for
the subjects of the said institution other than beneficiaries.
Sec. 2249. The State Hospital for the Insane shall be main-
OF SOUTH CAROLINA.
859
tained solely for the support, custody and treatment of insane
persons. No other class of patients shall be admitted, except
as provided in Section 2268. No patient shall be received into
the Hospital without the proper papers, hereinafter specified,
from the Judge of Probate of the County in which the patient
resides, together with the evidence taken under Section 2255 as
to the financial standing of the patient. A person shall be
considered insane or fit to be a patient in the Hospital who
exhibits in the first place such a degree of brain disability or
mental aberration as to render him or her dangerous to others
or dangerous to his or her own life or person, or dangerous to
property ; in the second place, this disability must not be tran-
sient like delirium in a fever, but of a more or less permanent
character ; in the third place, lack or loss of mental ability to
properly conduct his or her usual work or business shall be
considered along with aberrant conduct in determining the
question of a person's insanity.
Sec. 2250. In order of admission into the Hospital when its
means of accommodation are crowded, preference shall be
given to recent curable cases over chronic or incurable cases.
Among those to whom preference shall be last given shall be
idiots or any who have been imbeciled or weak-minded from
childhood, to those who are subject to epileptic convulsions, and
to those whose temporary insanity is produced by the injurious
use of alcoholic drinks or opiates.
Sec. 2251. When a relative, friend or other citizen inter-
ested is desirous of placing a person in the State Hospital for
the Insane as a patient, he shall apply to the Judge of Probate
of the County in which such person resides, and the Judge of
Probate, without delay, shall proceed to investigate the case by
examining witnesses or not, as he sees fit, and if he is reason-
ably convinced that the application is a just one, he shall have
prepared answers as full and explicit as is practicable to the
list of interrogatories prepared by the Regents, which answers
he shall forward at once to the Superintendent of the Hospital
with an application for the admission of the person.
Sec. 2252. On receiving the application and the answers to
the specified interrogatories, the Superintendent shall promptly
forward a reply to the Judge of Probate, in accordance with
the crowded condition of the Hospital, and in accordance with
the above instructions as to the order of admission of patients,
whether the person can be received or not. And if to be re-
A. D. 1902.
Purpose of;
1894. XXL, 825.
Patients.
Degree of in-
sanity.
Preference.
lb.
A p p lication
for admission.
lb.
Duty of Su-
perintendent.
Ih.
86o CIVIL CODE
A. D. 1902.
ceived, whether as a paying patient in full or part, or a bene-
ficiary, and if in part, what part, or how much expense to be
borne by the patient, and if necessary the Superintendent may
refer the application to the Board of Regents before final answer,
a'tkntllrthe ^®^' ^^^^' Whcu informed by the Superintendent that the
Hospital for persou cau be received as a patient in the Hospital, and on what
the Insane reg- -t"^ ^ ^
"^ated. terms, if any, and under what class, the Judge of Probate shall
^^- call two physicians to certify to the insanity of the person for
the purpose of securing his or her commitment, as is provided
for in Section 2263. If the Judge of Probate believes that
satisfactory evidence has been adduced to show the person to
be insane, the Judge of Probate must make certificates as re-
quired by the Board of Regents and send to the Hospital the
insane patient, with a certified copy of the certificate commit-
ting him or her to the Hospital. The original certificate com-
mitting the insane patient to the Hospital shall be kept on file
in the office of the Probate Court. The Judge of Probate shall
deputize the Sheriff or his deputies or other officers, or a friend
or friends of the insane party, to carry him or her to the Hos-
pital. Provided, however, That the Superintendent of the State
When Super- Hospital for the Insane, may receive into his custody and
mtendent may '^ -^ _ . _ -
r e c e i ve pat- detain in said Hospital, for a period not exceedmg five days,
lents; without f > f o y
order of Pro- -^yithout au ordcr from the Judge of Probate, any person as
bate Judge. r r • i j ~
insane whose case is duly certmed to be one of violent and
dangerous insanity and emergency by two reputable physi-
cians, which certificates shall be separately signed and shall con-
form to all the requirements as now provided by law. In addi-
tion to such certificates, an application, signed by a Magistrate
of the County or the Mayor or Alderman, Intendant or Warden
of the County, city or town in which such insane person resides
or is found, shall be left with the Superintendent of said State
Hospital for the insane, and said application shall contain the
answers to the list of interrogatories now in use by the Re-
gents of said Hospital : Provided, further. That when such
insane person is committed and received in said State Hospital
for the Insane, the party committing such person shall give a
bond in the sum of one hundred dollars to the Treasurer of said
institution, with condition that he or she will within five days
procure an order for the commitment of said patient as now
provided by law, and failing therein said insane person shall
» be removed or discharged by the Superintendent of said insti-
tution and suit brought by him (if he sees proper so to do) on
OF SOUTH CAROLINA. 86i
A. D. 1902.
said bond for the cost of maintenance of said person while ^— -v-**-^
confined.
Sec. 2254. The following fees and charg-es shall be paid for r^^es for con-
° o ir veying insane
the conveying of said insane party : to the officer or person person to Hos-
conveying such insane party, two dollars per day and twelve ~
cents per mile one way, and out of which said mileage herein
allowed, shall be paid all the costs and expenses of said
insane person. If it shall be necessary to employ a ^ard in
conveying such insane person, such guard shall receive one
dollar per da}' and his actual railroad fare. Said charges shall
be paid out of the County treasury on order of the Supervisor, ^^^j^^ ^^°'
For the duties required under the provisions of this Chapter
of the Judge of Probate, he shall be allowed the sum of five
dollars : Provided, That the County Boards of Commissioners County Boards
-^ of C o m m I s-
for the several Counties in this State be, and they are herebv, sioners to fix
■^ 'CO mpensation
authorized and empowered to fix the compensation, charges and for conveying
. ^ . . . . . lunatics to the
expenses to be paid and incurred in the examination of lunatics, Hospital.
and in conveying them to the State Hospital for the Insane, and isoo. xxiii.,
to audit and pay claims therefor : Provided, That the same shall
not be greater than now allowed by law, and that no claims
for conveying lunatics to the State Hospital for the Insane, in
excess of the actual and necessary expenses incurred in doing
so, shall be audited and paid.
F 1 n a n cial
Sec. 2255. At the same time that the Judge of Probate inves- s t a n d ing of
.... patients to be
tigates the fact of the mental condition of a person alleged to ascertained.
be insane the Judge shall also make a thorough examination of is94, xxi.,
disinterested, reliable witnesses under oath, and of records, as
to the financial standing of the patient, taking the testimony in
writing and showing the actual value of all property, real,
personal or mixed, owned by such patient, and the actual value
of property, whether real, personal or mixed, owned by the How decided
husband, the wife, the father, the mother, the sons, the daugh- lem is to pay,
. . ,, 1-11111 or be admitted
ters of such patient, and also a statement of all debts due to as a beneSc-
and due by such patient and such relatives, and for this purpose
the Probate Judge shall have all the powers of a special referee
as to summoning, swearing witnesses, compelling attendance
and ruling for contempt, which examination, reduced to writ-
ing, he shall certify and transmit to the Superintendent of the
Hospital together with the report as to mental condition, as
provided in Section 2251. And the Superintendent, if the ques-
tion be a plain one, or the Board of Regents, if it be referred to
them, shall decide whether such patient can be received as a
862
CIVIL CODE
Bond.
Form.
A. D. 1902.
^"-•"v^^-^ beneficiary or as a paying patient, in whole or in part, and if
in part, what payments will be required, and the terms thereof,
and the Probate Judge shall be notified of the decision with no
unnecessary delay, and the patient shall then be disposed of
according to such decision ; and if to be a paying patient, in
whole, the Judge of Probate shall cause the following bond to
be made by at least two solvent and responsible parties, which
bond shall be sent, together with the certificates of insanity, to
the Superintendent of the Hospital, to wit : Know all men
by these presents : That we and of
the County of , in the State of South Carolina,
are held and firmly bound unto the State Hospital for the
Insane, of South Carolina, in the penal sum of three hundred
dollars, for the payment of which we hereby bind ourselves
jointly and severally. Sealed with our seal, and dated this ....
day of , A. D The condition of the above
obligation is as follows :
Whereas of the County of , State of South
Carolina, is about to be admitted as a paying patient into the
State Hospital for the Insane, of South Carolina, now, if while
he or she shall remain therein, the undersigned shall constantly
supply him or her with suitable clothing and pay all charges
of said Hospital against him or her quarterly in advance, and
whenever his or her removal shall be required, immediately re-
» move him or her, and if he or she die therein, pay all reasonable
expenses incurred for*his or her funeral, and in case of failure
to perform promptly and faithfully any of the above conditions,
pay all losses that accrue to said Hospital by litigation, col-
lector's fees or otherwise, then this obligation shall be null and
void, otherwise to remain in full force and virtue.
Witness our hands and seals this day of ,
A. D
(Seal.)
(Seal.)
Tud^e%° certifi^ ^ hereby certify that in my opinion the obligors in the above
cate. . bond have executed the same in good faith, and that the amount
of the penalty specified therein can be recovered from them by
due process of law.
In witness whereof I have hereunto set my hand at
this day of , A. D
Judge of Probate of
Carolina.
County, State of South
OF SOUTH CAROLINA.
In case the patient is to pay in part, a similar bond, with same
securities, conditioned for the payment of the required quarterly ^^g^^"^*'^^ p^^"
sum decided upon, shall be taken and certified and transmitted
by the Probate Judge.
Sec. 2256. In any case in which satisfactory evidence is ^hen°'^^^at^lt
adduced before the Judge of Probate that a paying patient becomes indi-
Ib.
in the Hospital, has since admission, and since his or her-
last advanced payment of quarterly dues, become indigent
in circumstances so that he or she can no longer pay the or-
dinary charges of the Hospital for his or her support, the Judge
of Probate shall at once notify the Superintendent of the fact,
who at the end of the current quarter may transfer his name
from the list of paying patients to the list of those paying in
part, or to the list of beneficiary patients, whose expenses are
paid by the State : Provided, however, That the appeal to the Proviso.
Judge and the notice to the Superintendent shall both have been
made before the close of a quarter for which payment has
been made.
Sec. 2257. If in any case in which a person who has been ad-
mitted into the Hospital as a beneficiary patient it shall be
brought to the attention of the Probate Judge of the County
from which the patient was sent that the said patient has since
admission become possessed of means sufficient to pay in part ^g'comes^^^pos-
or whole for his or her support in the Hospital, the Judge sessed of prop-
shall at once investigate the case and shall report the evidence
taken to the Superintendent of the Hospital for decision ; and if
so notified by the Hospital authorities, the Judge of Probate
shall cause to be made a bond for the support of the patient as
hereinbefore specified. Friends or relatives can have any pa-
tient transferred from the beneficiary to the paying class upon
paying into the hands of the Treasurer of the Hospital the
charges for three months in advance and giving bond for the
continual payment of the same.
Sec. 2258. Insane persons not residents of this State may be ^^o^-p^sM^'^ts
admitted as paying patients to the Hospital by the same process p^y patients,
of law as required for citizens, but not to the exclusion of appli-
cants who are citizens of this State. The bond for payment
of all dues to the Hospital must be signed by at least one resi-
dent of this State.
Sec. 2259. The Superintendent of the Hospital shall, under Furlough,
the authority of the Board of Regents, furlough any convales-
cent patient at the request of his or her relatives or friends
CIVIL CODE
Police offi-
cers.
Duties.
Powers.
No highways
through
grounds.
Committee for
custody of pa-
tient's estate.
Proviso.
for a period not exceeding three months : Provided, The
furlough shall be granted only at the request of relatives or
friends, who shall pay all the traveling expenses of the patient
from and back to the Hospital, and if at the expiration of three
months the patient has not been returned to the Hospital, his or
her name shall be transferred from the furlough to the dis-
charged list, and readmission cannot be obtained without re-
commitment in the usual manner by the Probate Judge of the
County in which the person resides, in the same manner as if
the person had never been a patient in the Hospital.
Sec. 2260. The Superintendent of the Hospital, under au-
thority from the Board of Regents, shall have authority to ap-
point or employ one or more suitable persons to act as police
officers, to keep off intruders and prevent trespass upon and
damage to the property of the Hospital. Such persons shall be
charged with all the duties, invested with all the powers of po-
lice officers, and may eject trespassers from the Hospital build-
ings and grounds, and may without warrant arrest persons
guilty of disorderly conduct or of trespass on the property of
the institution and carry them before the nearest Magistrate
before whom, upon proper affidavit charging the offence, such
person so arrested may be tried and convicted as in case of
persons brought before him on warrant; and such officer or
officers shall have authority to summon a posse commitatus.
Sec. 2261. No public highway shall be allowed on or over the
grounds of the Hospital without the consent of the Board of
Regents, granted by resolutions to be recorded on the minutes
of the meeting of such Board.
Sec. 2262. In all cases where any person shall have been ad-
judged insane and committed to the Hospital under and accord-
ing to the provisions of this Chapter and still remains a patient
therein, as well as in the case of a patient committed thereto
prior to the passage of this Chapter, the Judge of Probate of the
County wherein such persons reside shall have jurisdiction to
appoint a committee for such person and to make all such orders
as may be necessar}^ for the custody and control of the estate of
such person : Provided, That the Judge of Probate receives a
certificate signed by at least two members of the Board of
Regents and by the physician in charge to the effect that such
person is in their opinion, after a full examination, insane.
Sec. 2263. Physicians examining persons alleged to be insane
for admission to the Hospital shall certify, under oath, that they
OF SOUTH CAROLINA. 865
: A. D. 1902.
are registered in accordance with the State law, that they have ^""^
examined the person separately, and that they are not related by certffkate"^for
blood or marriage to said person; they shall also certify, under g^^^em^ent's^'Ts
oath, that, to the best of their medical knowledge, the person !^^
they recommend for admission to the State Hospital for the ^gg^- xviil!
Insane is an epileptic, idiot or lunatic, incurable at home, and is ^^^' ^ ■'■■ ■
violent or dangerous.
Sec. 2264. Any Judge of the Circuit Court is authorized to ^^ay^lend" plr-
send to the State Hospital for the Insane every person charged p°"/j ^^° J^^c^
with the commission of any criminal offence who shall, upon p^J.^.'^^|^^'®"P'
the trial before him, prove to be non compos mentis; and the ^ ^ ^^
said Judge is authorized to make all necessary orders to carry ^-,.7 vi '^ssl'
into effect this power. Where the person so sent is not a pau- § '^•
per, he shall be supported out of his own estate, according to
the regulations to be prescribed by the Court, as on a writ of
de lunatico inquirendo.
Sec. 2265. The Sheriff or other person in charge of any , Papers to be
^ <^ J forwarded to
patient ordered to be conveyed to the State Hospital for the Hospital.
Insane, whether such patient be a beneficiary or a pay patient,
shall transmit the papers, or certified copies thereof, on which
the order or commitment was based, to the Superintendent of
the Hospital for inspection, and hold such patient without ex-, ^^ patient
^ ^ ^ to be retained
pense to the Hospital until notified by said Superintendent that ^^itii ordered
the patient can be received into the Hospital ; and any Sheriff
or other person violating the requirements of this Section by
conveying a patient to the Hospital before receiving notice from Sheriff to pay
the Superintendent so to do shall be required either to keep
charge of such patient in the city of Columbia or to furnish
transportation back home and to the Hospital again when no-
tified that such patient can be received.
Sec. 2266. No lunatic, idiot or epileptic who may be declared Lunatics, &c.,
a fit sub 1 ect for the mstitution by a Probate Judge and two phy- tained more
1 1 11 1 r • o , ,1 1 than ten days.
sicians, or who shall be sent from a sister State, shall be re-
,.,... 1 . , ^ Unless order
tamed m the institution more than ten days after the first meet- for retention
c 1 T-. 1 r T-. 1 , . 1 . . is entered on
ing of the Board of Regents, subsequent to his admission, ex- record.
cept where there shall be entered in the record of the institution
an order for his retention, made after full examination of his
state of mind by the medical attendant or attendants and not or ^-efe^niiion^to
less than two of the Regents, and upon such order being made probate judge
it shall be the duty of the Secretary of Regency to make out a '^^ vi.,
certified copy of the declaration of the Probate Judge and ^hy-^^^^l^^^^'^^^"
sicians, and of the order of retention, and immediately send the
55--C
866 CIVIL CODE
A. D. 1902. ■
^"■^■^"^ same to the Judge of Probate of the County wherein such luna-
take^orde/'for ^^^' idiot or epileptic shall reside, who shall thereupon make
custody of es-such Order in relation to the custody of the estate of the said
tate. _ -'
— r — z — -^subject as would have been made had the proceedings been
under a writ de lunatico inquirendo.
Discharge of Scc. 2267. Whenever any lunatic or epileptic shall have re-
lunatics. _ -^ ^ '^
— 5' s 1594- covered, it shall be the duty of the Regents to discharge him or
?^-«« ^Vt ^'^^i;her from the State Hospital for the Insane.
1827, VI., 323, ^
§ 3. Sec. 2268. Inebriates or persons addicted to the opium or
Inebriates to chloral habit shall not be received in the State Hospital for the
be rec e i v e d . .
only as pay Insauc for treatment, unless they are dangerous or violent ; and
patients; regu- ~. .
lations as to. should any Probate Judge, Circuit Judge, or Board of County
R. s. 1795; Commissioners commit such a person who is a beneficiary, the
1900, XXIII., -n,.^ ^ .. r , .^.
432;i894, XXI., Board of County Commissioners of the respective Counties
83. 5 '1884
XVIII., 828. ' from which such persons are sent, shall pay to the Superinten-
dent or Treasurer of the State Hospital for the Insane, for the
maintenance of said beneficiary, the same sum upon the same
terms required for pay patients ; and no such beneficiary pa-
tient shall be admitted unless the County from which such pa-
tient comes shall, at the time of admission and as a prerequisite
thereto, pay to the said Superintendent two months' board
($41.60) in advance; and if the said County shall fail to pay
subsequent claims for board for such patients as they shall fall
due, to wit : at the beginning of each month, then the Super-
intendent of the State Hospital for the Insane shall have the
right, and it shall be his duty, to file the account therefor as
other claims are filed with the Board of County Commission-
ers ; and if they refuse to approve and pay the same, to take
legal steps to enforce the approval and payment of same; said
account to be made out in favor of the Board of Regents of the
State Hospital for the Insane, in whose name such proceedings
Certain pa- shall be had : Provided, however, That any inebriate or person
moved from addicted to the opium or chloral habit, voluntarily making ap-
t li e Hospital ,. . , ,. ,. ,__ .,-
and cared for plicatiou to bc admitted mto the Hospital for treatment, may.
Houses; by at the discrction of the Board of Regents, be received as a pay
upon what no patient ; but no such person shall be received or retained in the
— '- — '- Hospital when the accommodations provided for patients shall
R. ' s. ' 1796 i be inadequate for the proper care and treatment of lunatics and
issi; ^xviii.! others lawfully committed to the Hospital.
XXI., 481, §1!^' Sec. 2269. It shall be the duty of County Supervisor or the
municipal authorities of the city of Charleston, within thirty
days after due notice from the Superintendent, to remove from
OF SOUTH CAROLINA.
867
A. D. 1902.
the Hospital any patient, a beneficiary from their County or """"^v '
their city, as the case may be,, who is simply physically or men-
tally infirm, or is a harmless imbecile, idiot or epileptic, and
they shall take care of all such persons in their respective poor-
houses. But in all cases where patients are discharged under
the provisions of this Section, it shall be lawful to retain them
in the Hospital as pay patients.
Sec. 2270. It shall be the duty of the Regents to remove ^ ^^ ^p ^7?!^
from office, and cause to be indicted, any person employed in ^^^'"l^^^^^j^^^-
the said institution who shall assault any idiot, lunatic or epi- patients.
leptic, or use towards any such idiot, lunatic or epileptic any j^ ^- gS. i596;
other or greater violence than may be necessary for his or her ^82^^- Vi., 323,
restraint, government or cure.
Sec. 2271. The Regents shall report annually to the Legisla- poj.{^"or^ Re-
ture the state and condition of the institution, fully and particu- gg"ts.
larly ; and they shall also annually report to the Comptroller- ^ g. ^s. 1597;
General the amount of income of said institution, and the ^b- § ^■
amount of expenditures and the items thereof.
Sec. 2272. The lot upon which the Hospital stands, contain- . Lot vested
^ ^ in Regents of
ing four acres, butting and bounding on Upper Boundary, Bull, Hospital.
Pickens and Sumter streets, is vested in the Board of Regents g. s. 1598;
of said Hospital and their successors in office, for the uses and 1822, vi., iss!
purposes of the Hospital.
Sec. 2273. The Board of Regents are authorized to close May close up
^ . and use cer-
up and use, for the purpose of said Hospital, so much of Pick- tain streets.
ens Street, in the City of Columbia, as lies between Lumber G. s. 1590;
-^ ' . . ^^ R. S. 1800;
and Upper Streets of said city, to retain such portion of Upper i848, xi., 520,
^^ ■" 1 , § 2; 1855, XII.,
Street as they have already enclosed, and also to close that part 478, § 30;i856,
of Upper Street, in the plan of the said city, lying between
Henderson and Barnwell Streets and adjacent to the Hospital
grounds.
Sec. 2274. All guards, keepers, employes and other officers Officers and
° . employees ex-
employed at the Hospital shall be exempted from serving on empt f r cm
. -^ -^ . . ^ jury and mili-
juries, roads, and from all military duty. tary duty.
G. S. 1600;
R. S. 1801;
1872, XV., 233;
1885, XIX.,
228; 1890, XX.,
722.
CHAPTER LV.
Estrays.
Sec.
2275. To be advertised and taken
before a Magistrate for ap-
praisement.
2276. Appraisement, certificate of,
to be filed.
Sec.
2277. To be advertised by Magis-
trate.
2278. To be sold if not claimed ;
note of purchaser may be
sued on by County Com-
missioners.
868 CIVIL CODE
A. D. 1902. ■-
^^-— ~v^— Sec. Sec.
2279. Pay for advertisement. 2283. Unlawful for stone-horse to
2280. Owner of estray may claim run at large ; fee for geld-
it after sale and before ma- ; ing.
turity of note ; disposition 22S4. Magistrate and Clerk to per-
of purchase money. form duties under this
2281. Amount, &c., of sale, to be Chapter ; penalty.
recorded ; record open to 2285. Penalty to takers of estrays
inspection. for not obeying the law.
2282. Compensation for keeping |
estray ; proviso. |
To be ad- Scction 2275. If an estrav shall be found wandering- in or
vertised and _ ' "^
taken before a about the plantation of any freehold or settled resident, such
Magistrate for -^ _ _ -^
appraisement, freeholder Or resident is hereby authorized and empowered to
G. s. 1610; take the same into possession, and shall advertise the same
1803, v., 465, within three days thereafter, in three or more public places in
the said County wherein the said person or persons so taking up
the said estray may reside ; and the said person or persons shall,
within ten days after advertising as aforesaid, take such estray
to the nearest Magistrate, excepting hogs, sheep, neat cattle,
or goats, which shall be appraised at the place taken up.
A p p r aise- Sec. 2276. Everv Magistrate before whom an estray shall
ment, certm- -en j
cate of, to be be rctumed, shall cause the same to be appraised, on oath, by
■ — - — three proper persons in the vicinitv, who shall certifv their
G. S. 1611; _ _ '
R. s. 1S03; appraisement under their hands, together with an accurate de-
/&., 1839, XI.,
30, § 22. scription of the color, size, age, brands, and marks of said
estray; whereupon the said ^Magistrate shall enter the said
certificate at large in his book ; and shall, within ten days there-
after, send a duplicate of the said certificate to the Clerk of the
Court of the County in which said estray shall be taken up.
.■'^°A^'' ^^^^^' Sec. 2277. At the same time such Magistrate shall cause the
tisedby Magis- C5
^^^*-- estray, if other than a horse or mule, to be advertised at three
T> *^-c^" lOA^'Oi" more public places in the Countv, one of which shall be on
iv. b. loU4 \ ^ ^
ib- the Court House door, for two months, together with a notice
where said estray is to be found ; and, if a horse or mule, by
advertising at the same places and in the nearest gazette once
a month for four months.
if no° daimS ^^^- ^278. Where no owner shall appear and prove his prop-
chaLr"may''"be ^^^>' ^^'i^hin the time directed for advertising, it shall be lawful
ofunty*^" Com^ ^°^ ^^''^^^ Magistrate and he shall cause the same to be publicly
missioners. advertised for ten days, and sold on a credit of six months, ex-
R.*^'s^" isosJ^^P^ ^^■'^ costs, to be paid in cash; and the purchaser shall give
1839, XL, 30., his note, with approved security, to the ]Magistrate, in the name
of the County Board of Commissioners in the County wherein
such estray shall be taken up ; which note the said Magistrate
OF SOUTH CAROLINA. 869
A. D. 1902.
shall deliver immediately to the said County Board of Commis- ~ -^ '
sioners for the County in which such estray shall be taken up,
who shall have power, in default of payment, to sue for and
recover the same.
Sec. 2279. For printing the said advertisement, the printer ^^P?y^J°^^a<i-
shall be entitled to one dollar, which shall be paid by the owner — 5~^"^^
of such estray, or taken out of the sales of the same. f^^^^ \_^ i|'^.'
Sec. 2280. If any person shall put in a just and lawful claim § s.
to such estray at any time after the sale, and before the note ^^ o^w n e^ _^of
becomes due, the County Board of Commissioners are hereby claim jt after
' •' _ sale and beiore
directed to give up the note to the claimant, on his paying the ^j'jg'!"*^;^ °J_
customary fees ; but if no such owner shall appear, the County tion J mone""^'
Board of Commissioners shall cause the amount of the same to — - — „ ^^^^
G. S. 1615;
be collected and appropriated to the proper use of the County. R- s.^ iso?;
Sec. 2281. The Clerk of the Court shall file the duplicate cer- v.V i37r'§ 3. '
tificate of the appraisers and Magistrate in all instances of Amount, &c.,
, , ,, - J , of sale, to be
estrays taken up, where the same shall be returned, and also recorded; re-
- ,. . . cord open to
the certificate of such Magistrate, of the amount and disposition inspection.
of the funds arising therefrom ; the same being entered in the g. s. 16I6;
book of estrays, which shall always be subject to the inspection is'sg, xi., in!
of any person desiring to examine the same, free of charge.
Sec. 2282. As a compensation for keeping and maintaining ^.^Co^mpensa-
estravs until the time of sale, it shall and may be lawful for the mg e s t r a y;
-' -^ proviso.
taker up, at his option, either to put them to moderate labor — 5~^^^.
or use, if a horse, mare or gelding, ass or mule, or to demand R- s imj
and receive therefor such a reasonable allowance as the Court § 4; isoa, v.,
466, § 5.
or Magistrate shall judge adequate: Provided, always, That
when any estray shall have been put to labor or use, the taker
up shall be obliged to produce it at the time of sale, unavoid-
able accidents excepted, in as good order and condition as it
was in when appraised ; and shall be liable to an action for dam-
ages by the owner of any such estray for any abuse thereof, if
the said owner shall claim the said estray within the time pre-
scribed in this Chapter.
Sec. 2283. If any person shall wilfully suffer any stone horse, Unlawful for
., . , J stone-horse to
above the age of twenty months, to run at large m the woods, run at large;
111111 fsc for geld-
it shall be lawful for any person to catch and geld such horse, ing.
and he shall have a right to recover from the owner thereof two g. s. leis;
"R S 1810 ■
dollars and fifty cents for so doing, any law to the contrary irsg, v., 139',
notwithstanding.
Sec. 2284. Any Magistrate or Clerk of Court, or person tak-
ing up any estray, who shall refuse or neglect to perform the
870 CIVIL CODE
A. D. 1902.
'""■^'■^^'""^ duties prescribed by this Chapter, shall forfeit and pay the
and '^alrk'^^to ^^^ ^^ twenty-five dollars, to be recovered and applied to the
perform duties ^gc of any pcrson who shall inform and sue for the same, and
unaertnis •' ^ '
Chapter; pen- shall morcover be liable in damages to the party aggrieved.
^ g ^g^g. Sec. 2285. Each and every person who shall take into his or
R S. ^ 1811; her possession any estray, and neglect to pursue the directions
Penalty on of this Chapter, or shall convert to his or her use any such
takersof . •'
estrays for not estray, shall bc liable to a fine of twent\^ dollars, to be recov-
obeying the . . .
law. ered, upon information, m any Court of record having jurisdic-
G. s. 1620; tion of the same in this State, to be given to the informer; and
1803, v., 466' shall also be liable to an action by the owner of any such estray
for damasres.
CHAPTER LVI.
Of Wrecks and Shipwrecked Goods.
Sec. i Sec.
2286. Unclaimed stranded goods to | 2288. Magistrates to issue war-
be taken into custody and rants for stolen goods ;
delivered to County Treas- : penalty for retaining,
urer, who shall advertise < 2289. Salvage allowed informer,
the same, &c 2290. Goods unlawfully taken from
vessels may be seized and
delivered to owner ; reward
allowed ; penalty for offer-
ing for sale.
2287. Entry into stranded vessels
may be repelled by force ;
penalty for carrying away
saved goods.
u n c laimed Sectioii 2286. If auv ship or vessel, goods or efifects, shall be
stranded goods •' '^ °
to be taken stranded, or cast on shore, and no person appears to claim the
into custody _ ' j. j. j.
and delivered goods wliich shall bc SO savcd, two or morc neighboring Magis-
toCounty^ ' ^ .,
Treasurer, who tratcs shall take the same into their custody or possession, and,
shall advertise . . , , , .
the same, &c. as soon as may be, give notice and a schedule, m writing, of the
G. s. 1623; different articles, (such Alagistrates keeping a copy thereof,)
1783, IV., 552! to the County Treasurer, and deliver safely all such goods and
efifects to the said Treasurer or his order, who shall be respon-
sible for the same, and who shall give public notice thereof in
the gazettes of this State for at least eight months, if no claim
should be made ; and if such goods be not claimed within twelve
months after such delivery to the County Treasurer as afore-
said, they are to be publicly sold, (or, if the goods be perishable,
to be sold forthwith,) and, after deducting reasonable charges,
the residue shall be lodged in the County Treasure', for the
use of the State, subject to the claim of the proprietor, his agent
or attornev.
OF SOUTH CAROLINA.
Sec. 2287. Any person or persons not empowered, who shall
enter, or tr}- to enter, forcibly on board any ship or vessel 3^^.^^^^^^^^ ^"*°
stranded or cast away, or in distress, or molest in the preserva- ^^^s^^^y ^^^^re-
tion thereof, may be repelled by force. And any person or ^lffl^'„ ^°^
persons who shall carry away, or secrete, any goods and effects saved goods.
saved as aforesaid, shall forfeit and pay treble the value, to be ^^ G. ^S. i624;
recovered by the owner of such goods, or his agent, in any ^b., § 9.
Court of competent jurisdiction in this State.
Sec. 2288. It shall and may be lawful for any Magistrate,^ Magistrates
-' -' ^ ' to issue war-
on information, upon oath, of any part of a cargo or effects of rants for stolen
any vessel lost or stranded on or near the seacoasts being un- for retaining.
lawfully conveyed or concealed, or of some cause or reasonable g. s. 1627;
suspicion thereof, to issue his warrant for searching for such-f^., § 3.
goods or effects as in cases of stolen goods ; and, if the same
be found in any house or other place, or in the possession of any
person not legally authorized to have the same, and the person
in whose possession the same shall be found shall not immedi-
ately, upon demand, deliver the same to the owner or person
lawfully authorized to receive them, he or she shall forfeit and
pay to the owner or owners of such goods, his or their agent or
attorney, treble the value for such refusal.
Sec. 2289. Any person discovering where anv such goods are Salvage ai-
" lowed informer
wrongfully bought, sold, or concealed, so that the owner, his
° - ° G. S. 1628;
agent or attorney, shall regain them, shall be entitled to a rea- R. s. isi6;
sonable salvage, not exceeding twenty-five per cent, on the
value, to be adjusted by the next neighboring Magistrate, who
is thereby required to adjust the same.
Sec. 2290. If any person or persons shall offer or expose to Goods uniaw-
sale any goods or effects whatsoever belonging to any ship or f r o m vessels
vessel lost, stranded, or cast on shore as aforesaid, and unlaw- and delivered
fully taken away, or reasonably suspected to have been, then ward allowed;
and in every such case it shall be lawful for the person or per- flr"ing^or°sa'ie!
sons to whom the same shall be so offered for sale, or any Mag- g. s. 1629;
istrate, to stop and seize the said goods and effects, and if the i^., 552, § 4. '
person or persons who shall have offered the said goods and
effects to sale, or some other person in his or her behalf, shall
not, within ten^days next after such seizure, make out to the
satisfaction of such Magistrate that they became honestly
possessed of them, then the said goods and effects shall, by
order of the said Magistrate be forthwith delivered over to and
for the use of the owner thereof, on proof of his claim and the
payment of a reasonable reward, not exceeding five per cent, on
CIVIL CODE
the value, for such seizure, (to be ascertained by the said Mag-
istrate) to the person who shall seize the same. And he, she,
or they, who offered such goods and effects for sale as afore-
said, shall forfeit and pay to the owner or owners twice the
value of such goods, to be recovered according to law.
CHAPTER LVII.
Of Immigrants and Seamen.
Sec.
2291. Immigrants' hotel or board-
ing house keepers to be
licensed.
2292. Hotels not licensed not to
solicit boarders, &c.
2293. City Council of Charleston
may grant license.
2294. City Council may revoke
license.
2295. Fees for license.
2296. City Council to furnish
badges to licensee.
2297. Agents must wear badges.
Sec.
2298. No other i)erson to wear
badge.
2299. None but pilot or public offi-
cer to board vessels.
2300. Owners, &c., of vessels not
to permit unauthorized per-
sons to board.
2301. Hotel keepers to leave vessels
when ordered.
2302. Meaning of word "vessel."
2303. Seamen's debts.
2304. Seamen's goods.
Immigrants
hotel or board
Section 2291. It shall not be lawful for any person to keep,
ing house keep- conduct, or Carry on, either as owner, proprietor, agent, or
otherwise, any sailors' or immigrants' boarding house, or
licensed.
R *^'s^' 1818- s^i^ors' or immigrants' hotel, in the City of Charleston, without
1866, XIII., having a license from the City Council thereof.
Sec. 2292. It shall not be lawful for any person, not having
lie
471, § 4.
Hotels not
icensed n o t the Hccnse in this Chapter provided, or not being the regular
;o solicit board- r r ' o o
g''S' &c- agent, runner, or employe of a person having such license, to
R^'s^" 1319-^^^^^^' ^^^' °^ solicit, in the city or harbor of Charleston, the
lb., § 5. boarding or lodging of any of the crew employed on any vessel,
or of any immigrant arriving in the said City of Charleston.
of^'cha^r?es'ton ^®^' ^^^^- The City Council shall take the application of any
may grant persou applying for a license to keep a sailors* or immigrants'
-~z — ^ — ^^ boarding house, or sailors' or immigrants' hotel, in the City of
Yb f'& ^^^^'' Charleston, and upon satisfactory evidence to them of the re-
spectability and competency of such applicant, and of the suit-
ableness of his accommodations, shall issue to ^ him a license,
which shall be good for one year, unless sooner revoked by said
City Council, to keep a sailors' or immigrants' boarding house
in the City of Charleston, and to invite and solicit boarders for
the same.
Sec. 2294. The City Council may, upon satisfactory evidence
OF SOUTH CAROLINA.
of the disorderly character of any sailors' or immigrants' hotel
or boarding house, licensed as hereinbefore provided, or of the J^^'J Council
keeper or proprietor of any such house, or of any force, fraud, ^^^^^^
deceit, or misrepresentation, in inviting or soliciting boarders or r/^'s^' \tti;
lodgers for such house, on the part of such keeper or proprietor, ib., § 7.
or any of his agents, runners, or employes, revoke the license
for keeping such house.
Sec. 2295. Every person receiving the license hereinbefore ^.Jj^^ ^ ^°'
provided for shall pay to the City Council aforesaid the sum of —57^77^
R S 1822"
twenty dollars. ib., 472, § s". '
Sec. 2296. The said City Council shall furnish to each sailors' ^^.^^ ^^^^^jj
or immigrants' hotel or boarding house keeper licensed by them [,° J ^ ^ 3" ^ 't o
as aforesaid, one or more badges or shields, on which shall be licensee.
printed or engraved the name of such hotel or boarding house ^G-gS- i642;
keeper, and the number and street of his hotel or boarding i^., § 9.
house ; and which said badges or shields shall be surrendered to
said City Council upon the revocation by them, or expiration of
any license granted by them, as herein provided.
Sec. 2297. Any sailors' or immigrants' hotel or boarding ^A^nts^^ust
house keeper, and every agent, runner, or employe of such —^7-^7-^^
hotel or boarding house keeper, when boarding any vessel in the R-^^^ S^ ^if 4;
harbor of Charleston, or when inviting or soliciting the board- ^^2, § 10.
ing or lodging of any seaman, sailor, or person employed on any
vessel, or of any immigrant, shall wear, conspicuously dis-
played, the shield or badge referred to in the foregoing Section.
Sec. 2298. It shall not be lawful for any person, except those n^° °^^^'^g;
named in the preceding Section, to have, wear, exhibit, or dis- badge.
play any such shield or badge to any of the crew employed on ^ G.^s. i644;
any vessel, or to any immigrant so arriving in the City oUb., § n.
Charleston, with the intent to invite, ask, or solicit the board-
ing or lodging of such immigrant, or of any of the crew em-
ployed on any vessel being in the harbor of Charleston.
Sec. 2299. It shall not be lawful for any person, except a p^ot °o? pubHc
pilot or public officer, to board, or attempt to board, a vessel ^^5^°^^^
arriving- in the port or harbor of Charleston, before such q 3. i645;
vessel shall have been made fast to the wharf, without first j^^ 470, § 1. '
obtaining leave from the master or person having charge of
° . , , Owners, &c.,
such vessel, or from her owners or agents. of vessels not
Sec. 2300. It shall not be lawful for any owner, agent, mas-*°^^g^^^^^dp«-
ter, or other person having charge of any vessel arriving or '°"^ ^° ^°" '
being in the port of Charleston, to permit or authorize any^G.^S. i646;
sailors' hotel or boarding house keeper, not licensed as herein ^^- *^^' § ^-
874 ^ CIVIL CODE
A. D. 1902.
''''''^^^^■^ provided, or any agent, runner, or employe of any sailors' or
immig-r ants' hotel or boarding house, to board, or attempt to
board, any vessel arriving in or lying or being in the harbor or
port of Charleston, before such vessel shall have been made fast
to the wharf, or anchored, with intent to invite, ask, or solicit
the boarding of any of the crew employed on such vessel.
^j.^°to^ LTve Sec. 2301. It shall not be lawful for any sailors' or immi-
orSred. ^^^^ grants' hotcl or boarding house keeper, or the employes of any
G. s. :647; sailors' or immigrants' hotel or boarding house keeper, having
fb. %\ '^^^^'' boarded any vessel made fast to any wharf in the port of
Charleston, to neglect or refuse to leave said vessel after having
been ordered so to do by the master or person having charge
of such vessel.
Meaning of ^^^' 2302. The word "vessel," as used in the preceding Sec-
word "vessel." i[q^^ shall includc vessels propelled by steam.
R ^'s^' 1829- S^^- 2303. It shall not be lawful for any keeper of a public or
^^^■g ^^ ^ ■^•' lodging house for seamen, at any time, to recover from any
s e a m e n's Seaman any debt exceeding one dollar ; and no debt exceeding
^^^^^- said sum, incurred by any seaman to any other person, shall be
R ^' s^' isfo- recoverable after he has signed an agreement to proceed on a
1S36, M., 557, yQy^gg^ until such A'oyage shall have been concluded.
Sea men's Scc. 2304. It shall uot bc lawful for any keeper of a public
5°° or lodging house for seamen to withhold or detain any chest,
R. "s. ' issi; bed or bedding, clothes, tools, or other effects, of any seaman
" " "■ for any debt alleged to have been contracted by such seaman;
and in case any such chest, bed, bedding, clothes, tools, or other
effects, as aforesaid, shall be withheld or detained, contrary to
this Chapter, it shall be lawful for any Magistrate, upon com-
plaint, upon oath, to be made by any such seaman, or on his
behalf, to inquire into the matter, and, if he shall see fit, by war-
rant under his hand and seal, to cause any such property or
effects so withheld or detained contrary to this Chapter, to be
seized and delivered over to the seaman.
CHAPTER LVIII.
Gambling Contracts and Contracts of Sale for Future
Delivery.
Article i. Gambling Contracts.
Article 2. Contracts of Sale for Future Delivery.
OF SOUTH CAROLINA.
ARTICLE I.
Gambling Contracts.
Sec.
Sec.
2305. Loser of money at cards, &c., j 2307. Orders for discovery must be
may recover by action ; I answered on oath.
when, &c. I 2308. Notes, securities, &c., to se-
2306. If loser does not sue, other , cure wagers void.
persons may ; amount re- 2309. Conveyances and incum-
coverable ; how apportioned. brances on land ; to whom
I title transferred, &c.
Section 2305. Any person who shall, at any time or sitting, ^Lose^r of
by playing at cards, dice table, or other game or games whatso- c^a^^d s,^^&c^.
ever, or by betting on the sides or hands of such as do play at b^y^^a c^tj o n.
any of the games aforesaid, lose to any one or more person o^ ^ ^ ^^^o;
persons so playing or betting, in the whole, the sum or value of R-^^^ ^n.^'U'ei
fifty dollars, and shall pay or deliver the same or any part § 2.
thereof, shall be at liberty, within three months then next en-
suing, to sue for and recover the money or goods so lost and
paid or delivered, or any part thereof, from the respective win-
ner or winners thereof, with costs of suit, by action, to be prose-
cuted in any Court of competent jurisdiction.
The money or goods must be lost at one time or at one sitting.— Trumbo v.
Finley i8 S. C, 305. Horse racing is included in this Section.— Barrett v.
Hampton, 2 Brev., 226; Atchison v. Gee, 4 McC, 211. Wager on horse race for
twenty dollars not illegal.— Barrett v. Hampton, 2 Brev., 226. Contract to
forfeit deposit on refusal to run horse race for wager above fifty dollars void.—
Corley v. Berry, i Bail., 593- No recovery beyond the time limited.— Owen v.
Davis, I Bail., 315; Willis v. Hockaday, 1 Speer, 379- Principal may recover
money lost by his agent.— Allen v. Watson, 2 Hill, 319- The thing lost, and
not the articles delivered in payment of it, can be recovered.— Whellock v.
Bobo Harp., 421. Recovery may be had of stakeholder, if demanded before he
pays 'it over.— Bledsoe v. Thompson, 6 Rich., 44- Or if he paid it over after
notice not to do so.-Livingston v. Wootans, i N. & McC, 178. One winner
can recover of his joint winner his share of money received on note for wager.—
Owen V. Davis, i Bail., 315.
Sec. 2306. In case the person or persons who shall lose such ^Jj.^ iu'e!"any
money or other thing as aforesaid, shall not, within, the time ^^^_^^^p^
aforesaid, really and bona Ude, and without covin or collusion, ^ g. i72i:
sue, and with effect prosecute for the money or other things so ^\^^ \^ ^Ife",
by him or them lost, and paid and delivered as aforesaid, it shall § ^■
and may be lawful to and for any person or persons, by
any such action or suits as aforesaid, to sue for and recover
the same, and treble the value thereof, with costs of suit, against
such winner or winners as aforesaid ; the one moiety thereof to
the use of the person or persons that will sue for the same, and
the other moiety to the use of the County where the offense
shall have been committed.
Trumbo v. Finley, 18 S. C, 365-
CIVIL CODE
Sec. 2307. Any person or persons who, by virtue of the pro-
Orders for yisions herein contained, shall or may be liable to be sued for
discovery. ' -'
— G s 1722- ^^^ ^^^^ moneys, or other things so won, shall be obliged and
R. s.^ 1856; compellable to answer, upon oath, such order or orders as shall
be made against him or them, for discovering the sum and sums
of money, or other things so won at play, as aforesaid.
Notes, &c., Sec. 2308. All notes, bills, bonds, judgments, mortgages, or
given to se- ' ' ' j a ' & C5 '
void ^^^^^"' Other securities or conveyances whatsoever, given, granted, or
G. S. 1723
entered into, or executed, by any person or persons whatso-
fb fi7 s^^s- sver, where the whole or any part of the consideration of such
1791 °v' ^178' coiiveyances or securities shall be for any money or valuable
§ s- things whatsoever won by cock-fighting, horse-racing, or by
gaming, or playing at cards, dice tables, tennis, bowls, or other
game or games whatsoever, or by betting on the sides or hands
of such as do game at any of the games aforesaid, or any other
game, or games, or for the reimbursing or repaying any money
knowingly lent or advanced at the time and place of such cock-
fighting, horse-racing or play, to any person or persons so
gaming or betting as aforesaid, or that shall, during such cock-
fighting, or horse-racing, or play, so bet, shall be utterly void,
frustrate, and of non-effect, to all intents and purposes whatso-
ever.
Barrett v. Hampton, 2 Brev., 226; Tidmore v. Boyce, 2 Mill, 200. Holder of
such note payable to bearer cannot recover from maker. — Sharp v. Smith, 7
Rich., 3; Mordecai v. Dawkins, 9 Rich., 262. Note given for goods by third
party, won and actually delivered and transferred to him, is good. — Willis v.
Hockaday, i Speer, 379. Generally as to wagers. — Laval v. Myers, i Bail., 486;
Rice V. Gist, I Strob., 82.
Grants, con- Scc. 2309. Where such mortgages, securities, or other con-
veyances, &C., & J3 ' '
of land, void, vcyauccs, shall be of lands, tenements, or hereditaments, or shall
G. s. 1724; be such as to encumber or affect the same, such mortgages,
R. S. 1858; ' 1 r
lb. securities or other conveyances, shall enure and be to and for
the sole use and benefit of, and shall devolve upon, such person
or persons as shall have been or may be entitled to such lands,
tenements, or hereditaments, in case the said grantor or grant-
ors thereof, or the person or persons so encumbering the same,
had been dead, and as if such mortgages, securities, or other
conveyances, had been made to such person or persons by the
person or persons so encumbering the same ; and all grants and
conveyances to be made for the preventing of such lands, tene-
ments, or hereditaments from coming to, or devolving upon,
such person or persons, hereby intended to enjoy the same,
as aforesaid, shall be deemed fraudulent and void, and of none
effect, to all intents and purposes whatsoever.
OF SOUTH CAROLINA.
ARTICLE IL
Contracts of Sale for Future Delivery.
Sec.
2310. Contracts for sale of certain
bonds, stocks and products
for future delivery, when
void.
2311. Upon whom the burden of
proof shall be in actions on
such contracts.
Sec.
2312. Money paid on account of
loss may be sued for ; evi-
dence ; liability of agent.
2313. Orders for discovery to be
answered upon oath, &c.
2314. Notes and securities to cover
money lost void.
Section 2310. Every contract, bargain or agreement, whether ^^^^hen^ con^
verbal or in writing, for the sale or transfer at any future time "^^^^l^^^^^'onds!
of a certificate, bond or other evidence of debt, due from the ^^nJ^'^ ^ "g^^aU
United States or from an individual State, or of stock or a share ^^ ^°''^-
of interest in the stock, or of the bonds of any bank, city, town, ^^^f- Ivn?.!
village or incorporation of any kind whatsoever incorporated ^s^-
under any law of the United States or of any individaul State,
or for the sale or transfer at any future time of any cotton,
grain, meats, or any other animal, mineral or vegetable pi'oduct
of any and every kind, shall be void unless the party contract-
ing, bargaining or agreeing to sell or transfer the same is at the
time of making such contract, bargain or agreement the owner ^^^^^(^^en such
or assignee thereof, or is at the time authorized by the owner ^^ ^'^^'^■
or assignee thereof or his duly authorized agent to make and
enter into such contract, bargain or agreement for the sale or
transfer of such certificate, bond or other evidence of debt, cot-
ton, grain, meats or other animal, mineral or vegetable products
so contracted for, or unless it is the bona Me intention of both the
parties to the said contract, bargain or agreement, at the time of
making the same, that the said certificate, bond or other evi-
dence of debt, cotton, grain, meats or other animal, mineral or
vegetable product so agreed to be sold and transferred shall be
actually delivered in kind by the party contracting to sell and
deliver the same, and shall be actually received in kind by the
party contracting to receive the same at the period in the future
mentioned and specified in the said contract, bargain or agree-
ment for the transfer and delivery of the same.
Such contract before this Act not assumed to be a gambling contract without
evidence to show it. — Williams v. Conner, 14 S. C, 62.
The object of this statute, and the requisites for a valid contract of sale for
future delivery, are stated in Gist v. Tel. Co., 45 S. C, 344; 23 S. E., 143; Riodan
V. Doty, so S. C, 542; 27 S. E., 941; 56 S. C, m; 34 S. E., 69; Harvey v. Doty,
54 S. C, 382; 32 S. E., soi; 50 S. C, 548; 27 S. E., 943-
Sec. 2311. In any and all actions brought in any Court to en-
CIVIL CODE
force such contracts, bargains or agreements, or to collect any
Upon whom note Or Other evidence of indebtedness, or anv claim or demand
the burden of
proof shall he whatever, founded upon any such contract, bargain or agree-
ment, the burden of proof shall be upon the plaintiff to establish
„R. s. I860; that at the time of making such contract, bargain or agreement
the party making the same was the owner or assignee of the
certificate, bond or other evidence of debt, cotton, grain, meats
or other animal, mineral or vegetable product so agreed to be
sold and transferred, or was at the time authorized by the owner
or assignee thereof, or his duly authorized agent, to make and
enter into such contract, bargain or agreement, or that at the
time of making such contract, bargain or agreement it was the
bona ade intention of both parties thereto that the said certifi-
cate, bond or other evidence of debt, cotton, grain, meats or
other animal, mineral or vegetable product so agreed to be sold
and transferred should be actually delivered and received in
kind by the said parties at the future period mentioned therein.
Gist V. Tel. Co.; Riordan v. Doty, supra.
Persons so gee. 2312. Any person or persons so contracting, bargaining-
may sue and or asfreeing: for the sale or transfer of any of the aforesaid com-
recover amount o o
lost upon modities in violation of the provisions of this Chapter who shall
— - — pay over to any one or more person or persons any sum or sums
lb- of money for and on account of a loss sustained by reason of such
contract, bargain or agreement shall be at liberty, within three
months next ensuing after such payment, to sue and recover
the amount so lost and paid, or any part thereof, from the per-
son or persons to whom he or they shall have paid the same,
with costs of suit, by action, to be prosecuted in any Court of
competent jurisdiction, and the oath of the loser that he has
actually paid over the money to the party against whom the
Liability of ^ction is brought shall be regarded as prima facie establishing
dflmin""^ '^^'^' the casc against such party; and any person who shall act as
agent or middleman in the making or execution of any such
contract, or who shall accept or receive and forward any
moneys, drafts or bills of exchange in furtherance thereof, shall
be held liable in an action by the party to recover the amount of
value of the money so received, or the value of the draft or bill
of exchange so accepted or forwarded.
Brokers and middlemen occupy the same position as the contracting parties. —
Riodan v. Doty, 50 S. C, 546; 27 S. E., 941; Harvey v. Doty, 54 S. C, 382; 32
S. E., 501. The words "any such contract" refer to such prohibited in Sec. 2310,
and a person need not have sustained a loss by reason of such contract to recover
the moneys so paid. — Saunders v. Phelps Co., 53 S. C, 173; 31 S. E., 54.
OF SOUTH CAROLINA.
879
A. D. 1902.
R. S. 1S62;
Sec. 2313. Any person or persons who by virtue of the pro- ""^^^v '
visions herein contained shall or may be liable to be sued for the sons^'^ifabie^Yo
said moneys so paid to him or them shall be obliged and com- l^^^'^^ ^^°^
pelled to answer upon oath such order or orders as shall be
made against him or them for discovering the sum and sums of ^^■
money so paid to him or them as aforesaid.
Sec. 2314. All notes, bills, bonds, judgments, mortgages, or
other securities or conveyances whatever, given, granted o^bml^To^nTs
entered into or executed by any person or persons whatsoever ^^4^j°t'i«i'gjj|«j
where the whole or any part of the consideration of such con- ^^ "'°^'^-
veyances or securities shall be for any money lost by reason of ^j^^- s. ises;
any contract entered into in violation of the provisions of this
Article shall be utterly void, frustrate and of non-effect, to all
intents and purposes whatsoever.
CHAPTER LIX.
Licenses for Plays and Shows.
Sec.
2315. Tax on shows in unincorpo-
rated towns ; amount, to
whom payable.
2316. Execution for, when and by
whom issued ; how en-
forced ; disposition of money.
23.t7. When municipal authorities
to collect.
Sec.
2318. Theatrical entertainments in
Charleston ; how licensed.
2319. Circus and shows connected
must have license from
Clerk ; amount ; how ap-
plied.
2320. Municipal authorities may
impose and collect fines or
licenses.
Section 2315. All persons representing publiclv, for gain or Tax on plays
^ ^ o jr . ' o and shows, m
reward, any play, comedy, tragedy, interlude, or farce, or other t.owns,^&c.^ not
entertainment of the stage, or any part therein, all fortune- Q^^jf^ ^^^^ *°
tellers, and those who exhibit wax figures, or shows of any kind — " — ^ — ^^^
whatsoever, shall pay a tax of three dollars per day, when they ^-^^ ^y ^^^^;
make those exhibitions at the towns or villages that are not in- § 35.
corporated ; and the said sum of three dollars shall be paid into
the hands of the Clerks of the Circuit Courts respectively, who
shall be bound to pay over the same into the County Treasur}'.
Sec. 2316. If any person who is required to pay the aforesaid j^,^^^^^^!?^^^^^'^^
tax shall neglect to do so before such representation or exhibi-
tion, it shall be the duty of the Clerk of the Court, or any
]\Iagistrate, for the County where the same may be done, to^-^ -^j
issue an execution for double the amount of tax so imposed, § ^■
which execution may be directed to any Sheriff or Constable of
this State, and against the body and goods of the person so be-
issue e X e c u-
tions for.
G. S.
1755;
1867;
, 246,
88o CIVIL CODE
A. D. 1902. ■
^^""'"^'•^"^ ing liable, and which may be levied in any County in the State ;
and every Magistrate w^ho shall so issue execution shall cause
the amount of the same to be paid to the Clerk of the Court for
his County; and the Clerk of Court shall pay into the County
Treasury all such taxes as may come into his hand respec-
tively: Provided, That nothing herein contained shall be con-
strued to extend to any incorporated town, village, or city,
incorporated Scc. 2317. The Intcndant and Wardens of all incorporated
lect.*^^ ^° '^°^" towns and villages (the city of Charleston excepted) shall have
G. s. 1756; power to collcct the taxes from all persons representing, pub-
S'ss, vi.,''^532| licly, within their respective corporate limits, for gain or re-
^ ^' ward, any plays, shows of what nature or kind soever, which,
by the last Section, are made payable to the Clerks of Courts,
the same to be used for the purposes of the said corporations,
respectively,
entertafnments Scc. 2318. The City Couucil of Charleston are authorized to
how ifcensed!'pei"niit and license any person or persons to exhibit theatrical
G. s. 1757; entertainments within said city, and to impose and collect, for
1817, V I ¥iV, each and every such license, such sum as they may, from time
284, § 9. ^^ time, deem reasonable : Provided, The same does not exceed
five hundred dollars.
traveifng shows Scc. 2319. Any circus or other such traveling show exhibit-
license ;'^iicense ing under canvas or outdoors for gain shall, before exhibiting
pii^e^. ^°^ ^^" in any County in this State, obtain a license from the Clerk of
1875^ XV., the Court of such County, and shall pay to the said Clerk for
XXII., '^Ii2.^^^' such license one hundred dollars for each and every day said
circus or other show shall be exhibited ; and said Clerk shall
forthwith pay over to the County Treasurer of said County
all the moneys by him received on account of said license, to
be applied to the use of said County.
authorTt?es §60. 2320. Nothing herein contained shall be construed to
license. "'^''^'^^ prevent the municipal authorities of any incorporated city or
G. s. 1760; town in this State from levying and collecting such fines or
fb., § '3. ^^'^' licenses as may be imposed by such municipal authorities.
OF SOUTH CAROLINA.
CHAPTER LX.
Protection of Fish, Oyster Beds and Sheep.
A. D. 1902.
Sec.
2321. Obstructions in streams ;
close time, &c.
2322. Duty of person appointed to
enforce tliis Chapter, &c.
2323. Exclusive control by State.
2324. Sinking Fund Commission ;
duties of.
2325. Rules and regulations for
issuing franchises.
2326. Perpetual franchises author-
ized.
2327. Proceedings where surrender
is refused.
2328. Location and delineation of
granted lands.
2329. Deemed personal property,
&c.
2330. Exception as to certain lands.
2331. Payments regulated.
2332. Existing rights.
2833. License required before gath-
ering oysters, clams and
terrapins.
2334. Use of dredge or small seine
prohibited.
2335. Prima facie evidence of vio-
lations.
2336. Who may arrest for viola-
tion of this Chapter.
2337. County Board of Commis-
sioners to appoint person
to enforce this Chapter.
Sec.
2338. Duties of such person.
2339. When the catching of terra-
pins prohibited.
2340. Persons to report terrapins in
their possession at com-
mencement of close season.
2341. Inspection as to terrapins.
2342. Release of terrapins not re-
ported.
2344. Violation of this Chapter a
misdemeanor.
2345. Disposition of license fees
and fines.
2346. Special provisions as to
Charleston and George-
town.
2347. Manufacturing companies
and others to construct
flsh ways over artificial
dams ; penalty
2348. Commissioners to designate
flsh sluices on rivers ;
width of.
2349. To be designated yearly.
2350. Sluices through certain dams
not to be designated.
2351. Persons may kill dogs worry-
ing sheep.
2352. Owners of dogs to pay for
sheep killed ; costs allowed.
Section 2321. At no time durins: the year shall there be any. Obstruction
.'^ -^ . "^instre ams;
permanent obstructions of any kind or nature whatever in any close time, &c.
of the inland creeks, streams or waters of the State to the free o. s. ig69;
migration of fish ; nor shall any seine, net, or any plan or devicei § 7 o, xiv.,
for the stoppagre or collecting- of fish, which obstructs any por- eep! § i- 1872^
^^ ° o ' J sr XV., 191;1S78,
tion of any creek, stream or inland waters of the State be set or x v l, 53 9;
•^ ' 1 88 5, X I X.,
used in any manner whatever in any such creek, stream or m-ss; i8S9. xx.,
land water within three miles of the ocean, nor within one mile
of the mouth of Waccamaw, Great Pee Dee and Bull Creek
River, and not below a line from where Mosquito Creek empties
into Winyah Bay, across said bay in an easterly direction to the
opposite shore of said bay; and there shall be a close time in all
the creeks, streams and inland waters of the State, from the
setting of the sun each Thursday until the rising of the sun on
each Monday, during which time all seines, nets or any plan or
56.-C
882 CIVIL CODE
A. D. 1902. — —
^"■"■^^^'^'"^ device for the stoppage or collecting of fish which obstructs any
portion of any creek, stream or inland waters, other than a dam
for manufacturing purposes, shall be removed from said creeks,
streams or inland waters. Nothing herein contained shall apply
to fishing with dip nets used by hand.
f o^r"" "enforce^ ^®°- ^^^^' ^^ ^^^^^^ ^^ ^^^^ ^^^3" o^ ^^^ pcrson appointed by the
Cha\er ^ ^^'^ Couuty Boards of Commissioners under Section 2337 to enforce
1901 XXIII ^^^ provisions of this Chapter, and his assistants, and they shall
4^5 2 •'^^I's 9^4"' ^^^'^ ^^^ power and authority to arrest any and all persons
1^8^ 1" X x^'^^^S^^ ^^ ^^^ ^^^ °^ violating any of the provisions of the laws
ms. relating to fish in this State, and to take them before the near-
Powers, est Magistrate, to be dealt with according to law, and said
patrol force shall at the time of making said arrest seize and
Seizure and keep all boats, scincs, nets and tackle which were being used by
c o ndemnation ... . <=> j
of nets, &c. the parties so violating the law, and said patrol shall also be
required to seize any boats, seines, nets and tackle which they
may find in the streams, which obstruct the free navigation of
fish in said streams : Provided, however. That the owner or
How recov- . - . , . . , ,
ered by owner, owuers or parties havmg charge of said boats, seines, nets and
tackle which may be so seized, shall have the right to obtain the
possession of the same by giving bond to a Magistrate in the
sum of two hundred dollars for the return of said property in
case it is found that the laws of this State have been violated.
Forfeiture. If the party or parties so arrested are convicted, then the boats,
seines, nets and tackle so used by them shall be forfeited to the
State, and advertised and sold as personal property under exe-
Division of cution of Said chief patrol, one-half of the net proceeds to be
p r oceeds of -^
sale. equally divided among the patrol force, after the cost of sale
has been deducted, and the other half to be paid into the State
Treasury ; this forfeiture to be an additional penalty to the fines
and punishment otherwise provided by law against such viola-
tions of the fish laws of this State. And if no owner or owners
or party claiming the said boats, seines, nets and tackle which
no ^ claimant "^^''^^^^ havc been seized as aforesaid, shall come forward and
claim the same and give the bond hereinbefore provided for
within ten days after such seizure, then the same shall be for-
£ jj ^ J ygj^g f eited to the State and sold as hereinbefore provided, and the
st°at"*'^°^ ^y proceeds of such sale shall be divided as above provided for.
— jj g ^gg^. Sec. 2323. The State shall exercise exclusive control and
1097^ ^' ■^ ■^■' jurisdiction over all shell fisheries located in the public waters
Sinking Fund of this State.
Commission. ggc. 2324. The Board of Commissioners of the Sinking Fund
OF SOUTH CAROLINA.
shall secure a complete map of lands under the public waters of
this State suitable for the planting and cultivation of shell fish, ^^^° procure
and of lands upon which shell fish are found, known as natural r7"s~1835^
growth lands, to be filed in the office of the Secretary of State, ^^•
Department of Public Lands, which shall clearly delineate and Where filed.
designate the natural growth lands, separate from other lands
suitable for the planting of shell fish. The natural growth shell
fish lands shall not be deemed to be included in the lands forgj.^j^^^*j^jj^^^_^
which franchises are to be sold under the provisions of this
Chapter. Natural growth lands shall be deemed to be lands
which have never been planted, and whereon the shell fish are
so numerous at the time the survey herein authorized is made
that the public actually resort to them for a livelihood. And
the Board of Sinking Fund Commissioners shall be the sole g^ch i^nds! °^
judge of the limits of said natural growth lands.
Sec. 2325. The Board of Commissioners of the Sinking Fund
shall establish such rules and regulations as they may deem regulations ^f or
necessary for issuing franchises of lands for the purpose of shell chi^L"^
fish cultivation, together with forms of application, to be fur- r. s. isss;
nished to the County Boards of Commissioners, who shall re- 1097. '
ceive and forward to the Board of Commissioners of the Sink- Forms of ap-
ing Fund all applications with his endorsements thereon ; that ^ ''^^*^'°"*
such application or applications shall be publicly posted in three ment.
separate public places in the Counties where said lands are
located and in the office of the Clerk of the Court of said County
for not less than twenty days before such application can be
acted upon. Any person or persons objecting to the granting
of grounds applied for may file a written notice with the County objections.
Boards of Commissioners stating his or her objections. And if
it should appear necessary, in order to determine the facts and evidence,
equity of a case, the County Boards of Commissioners may
cause notice of not less than ten days to be served on all parties
concerned to meet on a fixed day at the court house of the
County wherein the land is located ; shall take the testimony in r e p o r t to
such case and forward the same to the Board of Sinking Fund Commission.
Commissioners, with his recommendations thereon.
Sec. 2326. The Board of Commissioners of the Sinking Perpetual
Fund, when the conditions precedent to the granting of f ran- thorized.
chises have been complied with, are hereby authorized and em- r. s. isss;
299
powered, in the name and behalf of the State and the people of
South Carolina, to grant, by written deeds, under their hands
and seals, perpetual franchises, for the purpose of shell fish
CIVIL CODE
cultivation, in the lands under the public waters in this State,
Price. for the consideration of not less than $i.io per acre; and the
right to use and occupy said grounds for said purposes shall
remain in said grantee, his legal representatives or successors
Conditions, forcvcr : Pvovided, Said grantee shall actually plant such lands
within two years from date of grant thereto and use them for
Excluded par- no other purposc whatever: And provided, further, That no
grant shall be issued to any person not a citizen of this State,
or who has not resided in this State for twelve months, nor to
any corporation any member of which is not a citizen of this
State ; and no grant shall be issued to any one person or corpo-
Limit. ration for more than three hundred acres ; and when such lands
shall not be planted within two years, or, having been planted,
shall be abandoned, contrary to the intent and purpose of this
Reversion. Chapter, they shall immediately revert to the State and may be
Record. granted again to any other person or corporation. All fran-
chises granted shall be recorded in a book to be kept by the
County Board of Commissioners, and also in a book kept by
the Clerk of the Court of the County where the land is located,
subject to fees as in such cases provided.
Proceedings gcc. 2327. The Board of Commissioners of the Sinking
■where surrend- _ °
er is refused. Fund, after declaring a piece of land forfeited under Section
R. s. 1839:2326, and the holder of grant refuses to surrender said land,
or claims that he has been unjustly dealt with, may petition the
Judge of the Circuit Court where such land is located, or holder
of grant complaining may petition the said Judge, who shall
appoint a Commissioner to inquire and report, who, after due
notice of not less than ten days, shall hear the petitioners and
the persons claiming such lands, and report to the Court ; and if
it shall appear that such lands are not used as required by the
deed, said lands shall be ordered to revert to the State, and the
cost in such cause shall be paid at discretion of the Court.
Location and gee. 2328. The County Board of Commissioners, when the
delineation of ''
granted lands. Board of Commissioucrs of the Sinking Fund approves
R. s. 1840; an application for grant of lands for cultivating shell fish, and
before such grant is delivered to the party whose application is
approved, shall locate and delineate the said land or grounds
on the general maps to be kept in the office of the Secretary of
State, Department of Public Lands, and shall require the
grantee to cause the grounds so conveyed to be accurately
marked as hereinafter further required.
Sec. 2329. Franchises granted under Section 2326 shall be
OF SOUTH CAROLINA.
deemed to be personal property, and the Courts of the State
shall have power and jurisdiction over them as such in de- g^^^^j^^^jf^j^^p^^-
termining and enforcing the rights of persons or corporations jurisdiction
thereto, and said franchises may be sold, transferred, assigned °^ Courts.
or conveyed, the same as other personal property, to any other Transfers,
person or corporation of this State. The grantee shall keep the Qj-ou^ds to
grounds conveyed to him plainly marked by stakes, buoys or be kept marked.
monuments, and said marks shall be maintained and continued ^^ R- s. i84i;
by his legal representatives or successors.
Sec. 2330. The provisions of this Chapter shall not be^Exceptw^ns.a^
deemed to limit or otherwise interfere with the power of the ^ands.
Board of Commissioners of the Sinking Fund to dispose of R- s. i842;
vacant marsh lands, or lands between high and low water mark
in the tidal waters of this State, which they deem to be not
adapted to shell fish cultivation, and shall not be held to affect
lands under water which are held under grants issued under
the laws of this State, and shall not affect the rights of persons , And as .to
' ° ^ phosphate min-
and corporations under laws of the State to mine phosphate ing-
rock.
Sec. 2331. Moneys paid for franchises authorized by this Payments
-' ^ ^ regulated.
Chapter shall be paid in the same way and manner as now pro- —
vided by law for the payment of money for other lands under -^&-
the disposition and control of the Board of Sinking Fund Com-
missioners.
Sec. 2332. Nothing in this Chapter contained shall be , Reservation
o '^ of exist ing
construed to interfere with the rights of any person or persons rights.
in any oyster bed planted by or now occupied by them under the ^^R- s. i845;
existing laws of this State, or with the oyster rights of any per-
son or persons whomsoever.
Sec. 2333. It shall not be lawful to engage in the business of Yre"d^ To
gathering oysters or clams, or catching terrapins, within the ^^*'^^^j^°y^^^''|
limits of this State, except as provided in Section 2346 for ^'j^g^**^'^ ^^^'^^'
export or sale beyond this State, or to export, carry for sale or ^gp^ xxiii
sell from this State any oysters, clams or terrapins, gathered or *^^-
caught within this State, without first procuring a license so to
do, from the Treasurer of the County in which such oysters,
clams or terrapins are gathered ; and said Treasurer is hereby
authorized and required to issue such license upon the payment
to him therefor, for the use of the County, of ten dollars for
each and every boat, flat or lighter engaged in the business of
gathering oysters for export, or exporting oysters beyond the
limits of this State, of one ton burden or under, and five dol-
886 CI\'IL CODE
A. D. 1902.
"""""^^^^ lars for each additional ton of burden; and each Hcense so
granted shall be numbered by the Treasurer granting same ; and
the persons charged with the enforcement of this Chapter, shall
number each boat, flat or lighter with the same number appear-
ing upon the license granted by the Treasurer for said boat,
flat or lighter; twenty-five dollars for each person engaged in
the business of exporting clams, and two hundred dollars for
each person engaged in the business of exporting terrapms, and
ten dollars for each person engaged in the business of catching
terrapins for sale in this State. The said license shall run for
one year from the date thereof, but it shall not authorize the
holder thereof or protect him in carrying on such business
within the period now provided by law prohibiting the catching
of terrapins : Provided, That nothing contained herein shall
prohibit any land-owner from carrying on or authorizing to be
carried on said business in oysters, clams or terrapins, caught
or gathered from within the boundaries of his own land : Pro-
zided, further. That nothing herein contained shall prohibit any
person or corporation from operating factories within the State,
for the canning of oysters or clams for sale either within or
without the State, or from gathering or purchasing oysters or
clams for that purpose who shall pay a license fee of four hun-
dred dollars per annum to the Treasurer of the County where
the canning factory is located, for each canning factory.
oVimaVsSnl Scc. 2334. It shall be unlawful and a violation of this Chap-
prohibited. |-g^ ^^ ^gg „^^^- dredge for the purpose of gathering oysters, or
^^- to use sny seine of a smaller mesh than 5 3-4 inches for the
purpose of catching terrapins,
be prima facie Scc. 2335. The having of terrapins or a terrapin seine in any
vioiations.'^^ °^ boat, whcre the owner or manager of said boat has not taken out
7b^ a license to catch terrapins, or of a terrapin seine of a smaller
mesh than 5 3-4 inches, whether the owner or manager of said
boat has taken out a license to gather terrapins or not, shall be
prima facie evidence of the violation of this Chapter, and the
persons charged with the enforcement of this Chapter shall have
the right to arrest such person or persons, without first pro-
curing a warrant, and take such person or persons to the near-
est ^lagistrate and there swear out the proper arrest warrant,
rest °fo?^no!a- Scc. 2336. The persons charged with the enforcement of this
- Chapter shall have the right, without Avarrant, to arrest any per-
son or persons who has or have in his, her or their possession
any oysters, clams or terrapins, in violation of this Chapter, and
ih.
OF SOUTH CAROLINA. 887
— A. D. 1902.
take such person or persons to the nearest Magistrate and swear '-— ^-^^"^
out the proper arrest warrant. The unlawful possession of
such oysters, clams or terrapins shall be prima facie evidence of
guilt, and if such person or persons is or are held for trial by
the Magistrate conducting the preliminary examination, the
said Magistrate shall issue an order for the release of the ter-
rapins and the dumping of the oysters and clams.
Sec. 2337. The County Board of Commissioners of each„<j°^"Jy^^°f3^
County be, and they are hereby, authorized and empowered to app° j" ^^ " ^ *°
appoint some competent person, who shall be charged with the ^^f^ chapter.'^^
enforcement of this Chapter, in their respective Counties, and ^^go^^ xxiii.
who shall have the right to appoint such assistants as may be'^^-^-
necessary, at his own expense, to aid in the enforcement of this
Chapter, and shall receive as compensation twenty per cent, of
the licenses and fines paid to the County under this Chapter,
not to exceed in any one year the sum of five hundred dollars. Duties of
Sec. 2338. It shall be the duty of such person so appointed ^""^^ p^"°'^-
by the County Board of Commissioners and of his assistants, be- ^ ^l^^' ^^^q'
tween the first days of April and August in each year, to sail ^^m- ^^2.
up and down the coast of the State to see the provisions of this
Chapter enforced, and who shall prosecute before a Magistrate
in the County in which the offender or offenders, or any of
them, reside or resides if they or he be citizens or a citizen of
this State ; and in case such offender or offenders is or are not
residents of this State, then before the Magistrate where the ^ntry on
Inspector may deem most conveniently located. The Inspector '^°^*^'
shall have power and authority to enter upon all boats within
the waters included within the boundaries of this State which
he may suspect of violating the provisions of this Chapter, and
proceed to arrest it and its crew and take the said crew before
the Magistrate which, in the discretion of the said Inspector, is
most conveniently located from where said arrest is made.
Each person so violating or aiding in violating the provisions of vi o^?ation of
this Chapter shall be deemed guilty of a misdemeanor and sub- '^'^ Chapter.
ject to the penalties herein imposed.
Sec. 2339. It shall be unlawful for any person to catch, trap, as "^to"^ teS
purchase, sell or (except as hereinafter provided) to have in p'"®'
his possession terrapins between the first day of April and the =e^oif in'^Mr^-
first day of August of any year, within the limits of Hnrry/'^^" Counties.
Georgetown, Charleston, Beaufort, Colleton and Berkeley 553^^1^94 xxi''
Counties. ^'''■
Sec. 2340. Any person or persons having terrapins in his or
888 CIVIL CODE
A. D. 1902.
'"^'^"^^^ — ■ their possession previous to the first day of April of any year
Persons wish- a.nd dcsirinp- to carry them over and retain possesion of the
mg to retain b J r- ^ ^
possession. same Until the succeeding first day of August shall, within ten
^^ days of the first day of April of each year, make a report
report. in writing to the County Board of Commissioners hereinafter
provided for of the number of terrapins he or they has or have
in his or their possession for that purpose on the first day of
April of each year, the said report to state the location of said
terrapins and in what pens the said terrapins are kept, so that
the said County Board of Commissioners may be enabled to find
said terrapins or pens and ascertain the correctness of the re-
port.
Report to be Xhc report herein provided for shall be sworn to, as being
venned. -^ _ ^ _ _ "^
true and correct in every particular, before a Notary Public or
any officer entitled by law to administer oaths.
Visit by In- Sec. 2341. It shall be the duty of the said County Board of
spectoroi -^ _ -^
Terrapins. Commissioners, and of the person appointed by them to enforce
this Chapter, as Inspector to visit all places reported to him as
aforesaid in which terrapins are to be kept between the first day
of April and the first day of August of each year, and ascertain
whether the reports made to him, or anv of them, are incorrect
Proceedings -"^ ' - ' _
where report is or falsc. In case the said Inspector should determine that anv
incorrect. ... ^
of the said reports are incorrect in its statement as to the num-
ber of terrapins which are to be retained as aforesaid, or of the
location in which said terrapins are kept, he shall proceed to a
Magistrate of the County in which the person who makes the
report which is considered incorrect by the Inspector as afore-
said resides, and said Magistrate shall have such person brought
before him (as in cases of misdemeanor within the jurisdiction
of the Magistrate) to make ansv\^er to the charges that the re-
port so made by him as aforesaid is incorrect or false, and in
faife^°reMrt^°'^ ^^^^ ^^^ Magistrate finds that said report is incorrect or false,
Release of ^'^'^^ pcrsou or persons so making the said report shall be fined
terrapins. -j-j-^g g^j^ ^f ^25, and the Inspcctor shall release all terrapins
that may be found belonging to said person or persons.
terrapins^^ not ^®^* ^^42. All tcrrapius fouud bv the said Inspector between
reported. |-]^g f^^^^ ^^^y ^f April and the first day of August, of which a
^^- report shall not have been made as aforesaid, or which were
not included in the said report, or which have been acquired be-
tween the first day of April and the first day of August, shall
be released and set free by the Inspector, wherever the same
Proviso. ^j^y i^g found : Provided, however, That the Inspector may not
OF SOUTH CAROLINA. 889
A. D. 1902.
SO release and set free said terrapins until the time for making ^— ^v^^
the said*report in each year has expired.
Sec. 2343. Each and every person engaged in the purchasing, ^^ ^bt^fi^e^d ^°
penning and selling of terrapins shall apply to the County Board dealers.
of Commissioners of either of the Counties mentioned in the
Chapter for a license for the same, and the said County Board
of Commissioners, under the payment of ten dollars by said
person or persons, shall issue to such person or persons a license Lj^ense fee
to deal, barter or traffic in the terrapin business in the waters
of the State for one year, and said license shall be put in a con-
spicuous place on or about the pen where the terrapins are kept '^° ^^ posted.
Sec. 2344. Any person who shall violate any of the provisions ^edired m^'i"-
of this Chapter shall be deemed guilty of a misdemeanor, and demeanors.
on conviction thereof shall be fined not more than $500, or im- ^^^^' xxiii.,
prisoned for a period of not more than one year, in the dis-
cretion of the Court, one-half of the fine to go to the informer.
Sec. 2345. All license fees for carrying on the oyster, ^^ i°inP°e^'£
clam and terrapin business, and all penalties collected for yjo-and penalties.
lating the oyster, clam and terrapin laws, after the payment of ^^•
one-half of said penalties to the informer, shall go to the County
in which the license is granted or penalty imposed.
Sec. 2346. In the Counties of Charleston and Georgetown, .special pro-
c 'visions tor
the law of force before February 19th, 1900, with regard to^j|^|''^^^^j'°^
terrapins and oysters, shall not be affected by anything in this *9wn c o u n-
Chapter contained, save and except that the law then and there ~
of force with regard to oysters shall also apply to clams in all
respects as though the word clams were specially inserted and
mentioned after the word oysters in any Act of force in said
Counties.
Sec. 2347. All manufacturing companies or persons who ^e^JfoTstruc"
have erected, or may erect, artificial dams across the inland ^ff;
creeks, streams, or waters of this State, which prevent thcj^/^-g^- ^g^g!
migratory fish from ascending the same, shall construct proper gg^^' g ^^^"
fishways over the same; and should such manufacturing com-
panies or persons refuse or fail so to do, they shall be liable to
a fine of five thousand dollars, recoverable by the County in
which such dam has been or may be erected, in a Court of com- ^ ^^^^^ ^deslg^
petent jurisdiction. "^'^^'^-
Sec. 2348. It shall be the duty of the County Board of Com- R.^-g^- 1^9!
missioners to designate the fish sluices on the several rivers, so p^.°'j^^-'yj^|
as to leave one or more passages for fish up the said river, which ^^°' |^|^.' ^g^g^
sluices shall be sixty feet wide, or, where there are two or more ^^^^•' "^^^ ^
890 CIVIL CODE
A. D. 1902.
^^"^'"^'^"^ sluices, they shall be, together, sixty feet wide ; and when they
shall be so designated, it shall be lawful for any person to open
such sluices.
na?e°d '^^ea'J?^'^" ^®^- ^349. The Said Commissioners shall designate and lay
— Q 3 ^g^gT out the fish sluices but once a year, and shall execute this duty
Sss VI "^rag* '^^ °^ before the first day of October, whenever they shall de-
§ ^- termine to change them in any year.
Not to be SgQ_ 2350. Nothing herein contained shall be construed to
design ated °
t h r o ugh any p-jyg authority to the said Commissioners to designate any fish
way erected by o -' o ^
public author- sluicc through any dam erected by public authority, for the im-
— G S 1674- provement of the navigation of any of the said rivers, or to
S27 VI 341^' designate any fish sluice through any dam erected by individuals
for the purpose of propelling any machinery, where the owner
of such dam shall leave open a part of the river sixty feet wide,
or, where the dam extends entirely across the river, shall con-
struct therein a sufficient fish sluice sixty feet wide, and shall
keep the same open for and during the months of February,
March and April, in each year.
k m ^°"d o"^s ^®°* 2351. It shall be lawful for any person who may find any
worrying sheep (^Qg [^ ^^.^ gf worrying or destroying any sheep in this State
K *^' s^' 1835- ^° ^^^^ ^^^d d°^' ^^^ ^^ ^^^^^ "°^ ^^ ^^^^ ^° answer to any action,
563^ ^' -^ ^ ^•' civil or criminal.
Owners of ^®^' ^^^^- The owner of any dog, or person having in his
f°o^r s°h ^^^ ^^^^ °^ keeping any dog, shall be liable to pay to the party in-
^llJ^e^^^costs juj-ed double the value of all sheep that may be killed or in-
— Q g ^^Q2- jured by such dog, to be recovered by action at the suit of the
S59 XII ■^826' P^rty injured, in any Court having competent jurisdiction. In
§ 1- all such actions the recovery of ten dollars shall carry costs.
Corkfield v. Singletary, 15 Rich., 240.
PART II.
OF 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 LXI. Tenure of Lands and Confirmation of Certain
Titles; Titles to Catazuha Indian Lands.
Chapter LXII. Legal Formalities, Construction and Opera-
tion of Conveyances and Mortgages of
Land, and Other Instruments Affecting
Property.
Chapter LXIII. Dower and the Allotment Thereof.
Chapter LXIV. Estates for Life and for Years; Landlord
and Tenant; Joint Tenants and Tenants
in Common; Betterments; Miscellaneous
Provisions Concerning Real Estate.
CHAPTER LXI.
Tenure of Lands and Confirmation of Certain Titles;
Titles to Catawba Indian Lands!
Article i. Tenure of Lands and Confirmation of Certain
Titles.
Article 2. Titles to Catawba Indian Lands.
CIVIL CODE
ARTICLE I.
Tenure of Lands and Confirmation of Certain Titles.
Sec.
2353. Tenure of land is free and
commou socage.
2354. Certain ancient grants, &c.,
made valid.
2355. Errors, omissions and otlier
defects not to invalidate
same.
2356. Ratification and confirma-
tion ; saving the claims of
third persons.
2357. Estate of John Lord Car-
teret.
Sec.
2358. Grants, &c., before August
20, 1731, not to be im-
peached for certain causes.
2359. Titles derived through aliens
confirmed ; proviso.
2360. Rights of aliens and foreign
corporations.
2361. Possession for five years be-
fore July 4, 1776, deemed
a good title.
To be free Section 2353. The only tenure of lands in South Carolina is
and common
socage. that of free and common socage.
G. s. 1761; Sec. 2354. All and every person or persons who are now
R. S. 1872 J
1712, iL, 413, possessed of or do hold any messuages, lands, tenements, or
§ 5.
hereditaments whatsoever, in the State of South Carolina, by
Former grants . . i , , . ,
&c ., made and Under any origmal patents, grants, deeds, mdentures, or
valid, all per- .> kd i. o
sons claiming poll, either made by the former Lords Proprietors or by their
underthel^'. ,., , , r ■, t i
same may hold Palatine, or his dcputy, and any three or more of the Lords
against the _, . ,., . , .,.„ ,
State. Proprietors, or their deputies, or by any of their Crovernors, and
G. s. 1762; any three or more of the said Lords Proprietors, or the said
R S 1873*
1731, ill., 298* Lords Proprietors' deputies, or by any other person or persons
whatsoever, commissioned by their Palatine and any three or
more of the said Lords Proprietors, or by any five of the said
Lords Proprietors, their deputies or commissioners, as of fee
simple or fee simple conditional, or for life or for terms of
years, and all other person or persons whatsoever who are now
possessed of or do hold any such estate or estates, by virtue of
any mesne conveyances, derived from and under all or any such
original patents, grants, deeds, indented or poll, shall and may
from henceforth quietly and peaceably have, hold, use, occupy,
possess, and enjoy, all and every such messuages, plantations,
lands, tenements, and hereditaments whatsoever, to them, their
heirs, executors, administrators, and assigns, respectively, ac-
cording to the several tenures in such original patents, grants,
deeds indented or deeds poll, and mesne conveyances, or last
wills, derived from and under them respectively mentioned and
expressed, and that against the said State forever, and against
all and every the said Lords Proprietors and their heirs, and all
OF SOUTH CAROLINA.
and every person and persons whatsoever, save and except as
hereinafter excepted.
Sec. 2355. The said patents, g-rants, deeds, indented or poll, . Errors— (i)
■^ . -"^ m names or
shall be held valid, notwithstanding — necessary
•-^ words of law;
First. Any misnomer or omission of the names of any of the (.2) in oniit-
■' . . ■' ting seals; (3)
said Lords Proprietors, or their deputies, any want of signifi-in description;
cant and necessary words in law for conveying of such lands, want of livery
. . . , -' o and seizin, &c. ;
any omission, commission, or mistake whatsoever in the said or (5) in form
or substance —
grants, done, omitted, or committed by all or any of the said not to invaii-
Lords Proprietors, their deputies or trustees commissioned by&c.
the said Lords Proprietors, for selling of lands in this State. G. s. iras;'
R S 1874'
Second. Any proper seal or seals not being used or affixed by li.
the said Proprietors, their Governors, deputies, commissioners,
or trustees, to all or any such patents, grants, indentures,
deeds, or commissions.
Third. The lands granted or conveyed, or intended to be
granted and conveyed, by such patents, grants, deeds, indented
or poll, have not been sufficiently described or ascertained in
such patents, grants, deeds, indented or poll, so that, neverthe-
less, any such lands, or some part thereof, have been surveyed
or meted out, or ascertained by survey to such patentees, gran-
tees, or purchasers, or to their heirs or assigns, or to the heirs
or assigns of the persons named as patentees, or grantees, or
assigns, in such patents, or grants, or deeds of assignment, or
to their or any of their attorneys or agents in their behalf, by
a survey of a sworn surveyor or surveyors, as part of such
patent lands, or certified or returned into the office of the late
Surveyor General, (now Secretary of State,) by a sworn sur-
veyor or surveyors thereto appointed ; or so that the same lands,
or some part thereof, have been described or ascertained by sub-
sequent grants thereof, to such original patentees, grantees, or
to persons named as such, their heirs or assigns, or to under-
purchasers by mesne conveyances from such original patentees,
grantees, or assignees, or persons named as such, their heirs or
assigns, or to persons claiming under them as such, or to their
attorneys or agents in their or any of their behalf, before the
twentieth day of August, A. D., seventeen hundred and thirty-
one (1731).
Fourth. Any want of livery and seizen, enrolment, attorn- 1731, ill.,
ment, or any other defect whatsoever, in the execution of all or
any such patents, grants, deeds, indented or poll, so made by
the said Lords Proprietors, or any of them, their Governors,
894 CIVIL CODE
A. D. 1902.
■^^ — V- — ' deputies, or commissioners, or in the not timely execution, or
for the non-execution of the same, by reason of the first or
former patentee or patentees dying before such lands were
meted out to him or them, in part of such patents, or otherwise
howsoever, so that, nevertheless, the heir or heirs of the per-
sons who were named as patentees or grantees, or purchasers
in such patents, grants, or deeds of assignment, or their heirs
or assigns of such first or former patentee or patentees, or any
person or persons whatsoever, claiming as such, under all or
any of them, their agents or attorneys, did cause any part of
such vacant and unoccupied lands to be meted out or ascer-
tained to them, or any of them, their heirs or assigns, or persons
named as such in such deeds of assignment, conveyances, or last
wills, or to their attorneys or agents in their behalf, by survey or
surveys of a sworn surveyor or surveyors, or certified or re-
turned into the late Surveyor General's office, for and in part of
such patent lands before conveyed or intended to be conveyed
by such original patents, grants, indentures, or deeds. Or,
Fifth. Any other defect, omission, or commission in form or
substance, law or fact, in all or any such original patents,
grants, indentures, or deeds, or assignments of the same, or in
the execution thereof, or any of them, so that such lands, or
some part of them, have been meted out or ascertained to such
patentees, grantees, or assigns, or to persons named as such in
any such patents, grants, or deeds of assignment, or to their
attorneys or agents in their behalf, or return into the late Sur-
veyor General's office as aforesaid, at any time before the said
twentieth day of August, A. D. 1731.
Ratification gec. 2356. All and every such patents, grants, indentures,
and conflrma- -^ r y q ^
t i o n , saving and dccds, and all other patents, grants, indentures, and deeds
the claims of ' r ^ o j
third persons, from the Said Proprietors, their Governors, deputies, commis-
G. s. 1765; sioners, or trustees, where any lands have been so meted, or
17 3 1, III.', ascertained, or returned as aforesaid, and the assignments
299. ' ' ■ ° .
thereof, are hereby ratified and confirmed, for and notwith-
standing all or any such defects in the patents, grants, or deeds
aforesaid, or any of them, or the assignments thereof, or other
defects whatsoever, in not timely executing, undue or non-
execution thereof as aforesaid, saving to every person and per-
sons whatsoever, bodies politic and corporate, their executors,
administrators, and assigns, other than to the State of South
Carolina, and other than to the said Lords Proprietors, and
their heirs, and other than to such person and persons who do
OF SOUTH CAROLINA.
or may stand seized or possessed in trust, for the said State, or
for the said Lords Proprietors, all such right, title, interest, and
demand whatsoever, which they or any of them now have and
may claim of, in, or to the said lands, tenements, and heredita-
ments whatsoever, or any part thereof.
Sec. 2357. Nothing herein contained shall extend or be con-john^Lorjca°r-
strued to alter or abridge the Right Honorable John Lord Car- ^^^^^'
teret, his heirs, executors, administrators, or assigns, or theR.*^'s.' isil]
said Lords Proprietors, or their heirs, of any estate, right, title, ^^'
or interest whatsoever, which have or has been saved and re-
served untQ the said John Lord Carteret, or to the late Lords
Proprietors, or any of them, in and by the Act entitled "An
Act for establishing an agreement with seven of the Lords Pro-
prietors of Carolina, for the surrender of their title and interest
in that Province to His Majesty;" nor to revive or enlarge any
estate or right or interest whatsoever in the said Lords Pro-
prietors, or any of them, their or any of their heirs, of, in, and
to the estates aforesaid, or any part thereof, which they or any
of them have granted and conveyed as aforesaid, to any person
or persons whatsoever, or which they have surrendered by
virtue of the aforesaid Act.
Sec. 2358. No grant, deed of feoffment, deed of bargain and bef^rt"^ August
sale, deeds of gift, or other conveyance of any lands or tene- ^e "^Impeached
ments whatsoever, made prior to the said twentieth day of Au- causes^. ^^^^^
gust, 1 73 1, shall be impeached or set aside in any Courts of law q g. nee
or equity for want of attornment or of livery and seizin or en-f^^ ^^2, i%8
rolment thereof, or because such conveyance has been made by i7i^"*ii.^" 434;
way of assignment or endorsement on such deeds or grants § ^•
without other ceremony, nor for any other defect in the form
or in the manner of the execution of such deeds or grants, or
of the endorsements or assignments thereof, either by the first
grantor, or in any of the mesne conveyances derived therefrom,
so that the right was or would have been in the person convey-
ing, if such defects had not happened in the form of such
grants, deeds, or conveyances, or in the manner of the execution
of the same as aforesaid.
Sec. 2359. Any citizen or citizens, alien or aliens, who, prior through^^lulns
to the nineteenth day of December, A. D. one thousand eight legalized.
hundred and seven, (1807,) entered into any bona fide contract j^ *^-g^- Jg^g!
or contracts, or received any grant or grants, or other deed or^^o^' V-' ^^'^'
deeds of conveyance for, or relating to, any real property in this
State, or who derived their titles from or through aliens, either
896
CIVIL CODE
A. D. 1902.
^^-^v — ' mediately or immediately, may and shall hold and enjoy the
same, in fee simple, or for any less estate, according to the na-
ture of his, her, or their contract or contracts, grant or grants,
or other deed or deeds of conveyance ; any law, usage, or cus-
tom to the contrary thereof in any wise notwithstanding: Pro-
vided, That nothing contained herein shall be so construed as
to interfere with, or at all invalidate, any grants of real prop-
erty which may, before the said nineteenth day of December,
1807, have been made by the Legislature of this State unto any
person or persons, or unto any body or bodies corporate, or to
affect, in any measure, descents cast before the date aforesaid.
Aliens and Scc. 2360. Real and personal property of every description
rations entitled may be taken, acquired, held, and disposed of by an alien, sub-
to rights of . , ..._,. . -
property of jcct to the provisions of Section 1795, m the same manner, m
citizens. all rcspccts, as by a natural born citizen ; and a title to real and
G. s. 1768; personal property of every description may be derived through,
1872, XV., 72! from, or in succession to an alien, in the same manner, in all
respects, as through, from, or in succession to a natural born
1873, XV., citizen. Foreign corporations shall have and exercise all rights
granted to aliens in this Section.
Grants ob- Scc. 2361. An actual, peaceable, and quiet possession of lands
y^rs" ^ before fivc ycars prcvious to tlic fourth day of July, one thousand
absolutely con- scvcu huudrcd and seventy-six, shall be deemed a good and
™^ ' sufficient title ; and any grant obtained since that time, or which
R ' s ' 1880- niay be obtained, for the said land, is hereby declared null and
Tl' ■^•' '%oid.
ARTICLE 11.
Titles to Catawba Indian Lands.
Sec.
2362. Catawba Indians may lease
lands for life or years.
2363. Formal requisites of lease.
2364. Certain rights vested in les-
sees of Catawba Indians.
Sec.
2365. Grants to lessees of.
2366. Lessee, how to proceed if
lease be lost ; proviso.
Catawba In- Scc. 2362. It shall be and may be lawful for the Catawba
dians may lease t 1 • . , i 1 , 1 1 r
their lands for Indians to grant and make to any person any lease or leases, tor
1 e, proviso. ^.^^ ^^ Hvcs, or term of years, of any of the lands vested in them
r* c 1770*
R. 's. ■ i88iiby the laws of this State : Provided, That no lease shall exceed
§ 1.' "' ' the term of ninety-nine years, or three lives in being.
Sec. 2363. No lease of the lands of the Catawba Indians,
whether for life or lives, or terms of years, shall be held or
OF SOUTH CAROLINA.
deemed as valid and good in law, unless the same be witnessed
by the Commissioner for said tribe at the time of making: Formal re-
-' o q u 1 s 1 1 es of
thereof, and be signed and sealed by at least four of the heiad^f^ff^
men or chiefs of the said Catawba Indians. _ g. s. 1771;
i\.. o. 1882 J
Sec. 2364. All the reversionary right, title, and interest of fi^^gg^-'xip'
this State, in and to the Catawba Indian lands, situated in the 224, § 2'.
Counties of York and Lancaster, within a boundary of fifteen Certain rights
-^ vested in les-
miles square, and which are represented in the plat of survey sees o f Ca-
. tawba Indians.
made by Samuel Wiley, and dated the twenty-second day of r
February, one thousand seven hundred and sixty-four, and now i^- s. isss-
. -^ 1S38, VI., 602,
on file m the office of the Secretary of State, are hereby vested § 1.
in the persons who now or hereafter may hold the said lands as
lessees of the said Catawba Indians, their heirs and assigns, ac-
cording to the location of their respective leases.
Sec. 2365. Each lessee of the Catawba Indian lands who g r a n t s to
16SS66S of
shall deposit with the Secretary of State his lease, and also leased Cataw-
the receipt or receipts of the former tax collector of the lands.
County wherein such lands may be situated for such taxes as G. s. 1773;
may have been paid thereon, as heretofore required by law, isko, xi., i46,'
shall be entitled to locate and receive a grant from the State
(in the manner provided by law for granting vacant lands)
for the land held by him under lease, upon payment of the usual
fees, and thenceforth hold the land so granted in the same
right as any other lands granted by this State are held.
Sec. 2366. If any lessee of the Catawba Indian lands, being to proceed if
in possession, shall not have it in his power to deposit the proviso.
lease under which he holds, as required by the preceding Sec- g. S. 1774;
tion, by reason of its loss or otherwise, such person shall fileis5 7,' x i i.l
in the office of the Secretary of State a notice of his intention
to apply for the issuing of a grant, and shall publish the same
in one or more of the newspapers of the County in which such
land is situated, for at least three months before the time of
such intended application, which notice shall set forth the cause
of the inability of such person to produce such lease, and shall
be verified by the oath of the applicant; and such grant shall
thereupon issue, if the person applying be otherwise entitled
thereto : Provided, That if any person shall, within five years
from the issuing of such grant, produce a lease of the premises
so granted, such grant shall thereupon become null and void.
57--C.
CIVIL CODE
CHAPTER LXII.
Legal Formalities, Construction and Operation of Convey-
ances and Mortgages of Land and Other Instruments
Affecting Property.
Article i. Form and Execution of Conveyance of Land.
Article 2. Certain Conveyances, &c., Void.
Article 3. Mortgages of Land and Satisfaction Thereof.
ARTICLE I.
Form and Execution of Conveyance of Land.
Sec. 2367. Form of conveyance ; how exacted.
c ^n-JTyance Scctioii 2367. The following form or purport of a release
oT^more^ wit°- shall, to all intents and purposes, be valid and effectual to carry
"^^^^^- from one person to another or others the fee simple of any land
R ^'s^' 1886- ^^ ^^^^ estate, if the same shall be executed in the presence of
1795, v., 255. ^j^(j i^g subscribed by two or more credible witnesses :
'The State of South Carolina:
"Know all men by these presents that I, A B, of ,
in the State aforesaid, have granted, bargained, sold, and re-
leased, and by these presents do grant, bargain, sell, and re-
lease, unto the said C D, all that (here describe the premises),
together with all and singular the rights, members, heredita-
ments, and appurtenances to the said premises belonging, or
in any wise incident or appertaining; to have and to hold
all and singular the premises before mentioned, unto the
said C. D., his heirs and assigns, forever. And I do here-
by bind myself, my heirs, executors, and administrators,
to warrant and forever defend all and singular the said
premises unto the said C. D., his heirs and assigns, against
myself and my heirs, and against every person whomso-
ever lawfully claiming or to claim the same, or any part
thereof.
"Witness my hand and seal, this day of ,
in the year of our Lord , and in the
year of the independence of the United States of America.
"..._ [L. s.]^;
Provided, This Section shall be so construed as not to oblige
any person to insert the clause of warranty, or to restrain him
OF SOUTH CAROLINA. 899
A. D. 1902.
from inserting any other clause or clauses, in conveyances ^"-^v^"^
hereafter to be made, as may be deemed proper and advisable
by the purchaser and seller, or to invalidate the forms here-
tofore in use within this State.
Whenever it shall appear from the attestation clause or from ^^'^^^t consid-
^'^ ered sealed in-
the other parts of any instrument in writing, that it was the struments.
intention of the party or parties thereto that said instrument ^^^^^' xxiii.,
should be a sealed instrument, then said instrument shall be
construed to be, and shall have the effect of, a sealed instru-
ment, although no seal be actually attached thereto.
Cook V. Cooper, 59 S. C, 560; 38 S. E., 218; Trustees v. Bryson, 34 S. C,
401; 13 S. E., 619; Sullivan v. Latimer, 38 S. C, 417; 17 S. E., 227; Heyward v.
Farmers' Mining Co., 42 S. C, 138; 19 S. E., 964; 28 L. R. A., 42. See also
Mitchell V. Parham, Harp., i, decided in 1823. Seal is necessary. — Cline v. Black,
4 McC, 431; Jones v. Crawford, i McM., 373. But whatever is intended as a
seal sufficient. — St. Philip's Church v. Zion Church, 23 S. C, 297. Grantor's
estate need not be stated. — Kottman v. Ayer, i Strob., 522. Grantee's name must
be inserted. — Hardin v. Hardin, 32 S. C, 599; 11 S. E., 102. Deed to "joint
heirs" of A. & B. Holeman v. Fort, 3 Strob. Eq., 66. Property must be sufficiently
described to show intention. — Lorick & Lowrance v. McCreery, 20 S. C, 424;
Navassa Co. v. Richardson, 26 S. C, 401; 2 S. E., 307. Recital is no substantial
part of deed. — Harrison v. Maxwell, 2 N. & McC, 347. As to habendum. — Ingram
V. Porter, 4 McC, 198; Stockton v. Martin, 2 Bay, 471; Porter v. Ingram, Harp.,
492. Limitations in remainder to persons named in habendum sustained, thougti
the persons are not named in the premises or granting clause. — Millege v. Lamar,
4 DeS., 617. A deed to "A and his associates" is sufficiently certain. — Duncan v.
Beard, 2 N. & McC, 400. Signature must be in name of principal when executed
by agent. — Pryor v. Coulter, i Bail., 517; Webster v. Brown, 2 S. C, 428. Exe-
cution by only some of grantors recited. — Arthur v. Anderson, 9 S. C, 234; Har-
relson v. Sarvis, 39 S. C, 14; 17 S. E., 368. As to description of land. — Sally
V. Gunter, 13 Rich., 72. As to warranty. — Lorick v. Hawkins, i Rich., 417;
Morris v. Owens, 3 Strob., 199; McCracken v. Ansley, 4 Strob., i; Jeter v. Glenn,
■9 Rich., 374; Evans v. McLucas, 12 S. C, 56; Lessly v. Bowie, 27 S. C, 193; 3
S. E., 199; Davis v. Townsend, 10 S. E., 837; 32 S. C, 112; Hardin v. Clark,
32 S. C, 480; II S. E., 480; ex parte Hardin, 34 S. C, 377; 13 S. E., 615. Two
witnesses necessary. — Allston v. Thompson, Chev., 271; Craig v. Pinson, ib., 272;
Jones v. Crawford, i Mc!M., 373; Young v. Young, 27 S. C, 201; 3 S. E., 202;
Little V. White, 29 S. C, 170; 7 S. E., 72; Navassa Co. v. Richardson, 26 S. C,
401; 2 S. E., 307. But ten years' adverse possession under deed with one witness
may cure the defect. — Lyles v. Kirkpatrick, 9 S. C, 265. As to proof by wit-
nesses.— Barry v. Wilbourne, 2 Bail., 91; Brazel v. Fair, 26 S. C, 370; 2 S. E.,
293; McGowan v. Reid, 27 S. C, 263; 3 S. E., 337; Little v. White, 29 S. C, 170;
7 S. E., 72. Or their handwriting w^hen absent or dead. — Manigault v. Hampton,
I Brev., 394; Sims v. DeGraffenreid, 4 McC, 253; Mcllwee v. Sutton, 2 Bail.,
128; Collins V. Lamasters, 2 Bail., 141; Dawson v. Dawson, Rich. Eq., 241; Smith
V. Asbell, 2 Strob., 141; Lyon v. Holmes, 11 S. C, 429. Or their mark. — Martin
V. Quattlebaum, 3 McC, 205. As to the delivery. — Ingram v. Porter, 4 McC, 198;
Jackson v. Inabinet, 2 Hill Ch., 41; Dawson v. Dawson, Rice Eq., 243; Younge
V. Moore, i Strob., 48; Harris v. Saunders, 2 Strob. Eq., 370; McDowell v. Cham-
bers, I Strob., 347; McKenzie v. Roper, 2 Strob., 306; McCracken v. Ansley, 4
Strob., i; Wood v. Ingram, 3 Strob. Eq., 105; Folk v. Varn, 9 Rich. Eq., 303;
Williams v. Sullivan, 10 Rich. Eq., 217; Cloud v. Calhoun, ib., 358; Withers
v. Jenkins, 6 S. C, 122; Arthur v. Anderson, 9 S. C, 234; Fraser v. Davie, 11
S. C, 56; Shaw V. Cunningham, 16 S. C, 632; McDaniel v. Anderson, 19 S.
C, 216; Carrigan v. Byrd, 23 S. C, 91; Coin v. Coin, 24 S. C, 597; Little v.
White, 29 S. C, 170; 7 S. E., 72; Walker v. Frazier, 2 Rich. Eq., 99; McGee
V. Walls, 52 S. C, 472; 30 S. E., 602; Guess v. R. R. Co., 40 S. C, 450; 19 S. E.,
900 CIVIL CODE
A. D. 1902. "
This form not indispensable. Any form of words sufficient, if intention to
convey can be ascertained, and there be a seal, two witnesses and description of
the property. — Lorick & Lowrance v. McCreery, 20 S. C, 424; Navassa Co. v.
Richardson, 26 S. C, 401; 2 S. E., 307; Sally v. Gunter, 13 Rich., yz. Form of
bargain and sale not invalidated by this Section. — Sanders v. Hartzog, 6 S. C,
479; Lorick & Lowrance v. McCreery, 20 S. C, 424. But the words "heirs and
assigns" are necessary to convey the whole fee. — Lorick & Lowrance v. McCreery,
20 S. C, 242; McMicheal v. McMicheal, 51 S. C, 555; 29 S. E., 403.
Feoffment with livery of seizin. — Dehon v. Redfern, Dud. Eq., 115. Deeds
insufficient as bargain and sale, operative as covenants to stand seized. —
Pledger v. David's administrators, 4 DeS., 264; Milledge v. Lamar, ih.,
617. Deed necessary to convey freehold estate. — Miller v. Graham, i Brev., 448.
Sufficiency of writing to give equitable interest. — Craig v. Craig, i Bail. Eq., 102;
Pope v. Montgomery, 24 S. C, 594; Wilson v. Wakins, 48 S. C, 341; 26 S. E.,
663. Covenants to stand seized to use, when effectual to convey land. — Craig v.
Pierson, Cheves, 272; Chancellor v. Windham, 1 Rich., 161; Kinsler v. Clarke, ih.,
170; Dinkins v. Samuel, 10 Rich., 66; Ellen v. Ellen, 16 S. C, 142; Watson v. Wat-
son, 24 S. C, 228. Endorsement on back of deeds insufficient as conveyance. —
Turner v. Moore, i Brev., 236; Clark v. O'Margey, 2 Brev., 134. Blank paper
signed, sealed and delivered and afterwards filled up is no deed. — Parminter v.
McDaniel, i Hill., 267. Ratification of defective deed. — Wallace v. McCollough, i
Rich. Eq., 426; Broughton v. Telfer, 3 Rich. Eq., 431.
ARTICLE 11.
Certain Conveyances^ &c.. Void.
Sec.
2368. Certain conveyances to bas-
tard children or their
mother void.
2369. Conveyances, &c., to defraud
creditors void as to them.
2370. Conveyances to defraud pur-
chasers void.
IP
Sec.
2371. Parties to fraudulent con-
veyances ; hov7 punished.
2372. Conveyances upon good con-
sideration, &c.. valid.
2373. Conveyance with clause of
revocation, when void
against subsequent pur-
chaser.
Certain con- Scctioii 2368. If any person who is an inhabitant of this
V e y a nces to J r
bastard child- State, or who has an estate herein, shall have already bewtten,
ran or their ' ' .
mother void, qj- gh^u hereafter beget, any bastard child, or shall live in adul-
R^'s^' 1887- ^^^y yNiih a woman, the said person having a wife or lawful
ff •' 1795 v^' children of his own living, and shall give, or settle, or convey,
271, § 4. either in trust or by direct conveyance, by deed of conveyance,
by deed of gift, legacy, devise, or by any other ways or means
whatsoever, for the use and benefit of the said woman with
whom he lives in adultery, or of his bastard child or children,
any larger or greater proportion of the real clear value of his
estate, real or personal, after payment of his debts, than one-
fourth part thereof, such deed of gift, conveyance, legacy, or
devise, made, or hereafter to be made, shall be null and void,
only in favor of wife and legitimate children, for so much of
i
OF SOUTH CAROLINA. 901
■ A. D. 1902.
the amount or value thereof as shall or may exceed such fourth ^^-^v— ^
part of his real and personal estate.
Must be construed so as to suppress the evil. — Lowry v. Bradly, Speer Eq.,
i; Massey v. Wallace, 32 S. C, 149; 10 S. E., 937. Applied. — Bouknight v. Brown,
16 S. C, 15s; Canaday v. George, 6 Rich. Eq., 103. Donor having neither wife nor
lawful issue can so give his property to his bastard child. — Harten v. Gibson,
4 Dess., 139. Such gift is not absolutely void, only voidable at election of wife
or legitimate children, and right must be exercised in their lifetime. — Breithaupt
V. Bauskett, i Rich. Eq., 465; Ford v. McElray, i Rich. Eq., 474; Hull v. Hull,
2 Strob. Eq., 174. Grandchildren cannot avoid gift to illegitimate children. —
Taylor v. McRa., 3 Rich. Eq., 96. Gift to children of bastard daughter, who
take as purchasers, and not through her, is not a gift to her use or benefit within
this Section. — Hull v. Hull, 2 Strob. Eq., 174. Adultery defined. — lb. Committee
of lunatic wife may, under control of the Court, avoid gift. — Taylor v. McRa,
3 Rich. Eq., 96. Court will not permit when effect would be not to benefit
wife. — lb. This Section does not give validity to deed to a woman in consideration
of future illicit cohabitation. — Cusack v. White, 2 Mill, 279. A legally divorced
father of legitimate children may give to a single woman with whom he cohabits
more than one-fourth of his clear estate. — Hull v. Hull, 2 Strob. Eq., 174.
Sec. 2369. Every feoffment, gift, grant, alienation, bargain, ^^ ^o^^yf^^^
-and conveyance of lands, tenements, or hereditaments, goods creditors void.
and chattels, or of any of them, or of any lease, rent, com-j^^-g^- ^^l\
mons, or other profit or charge out of the same, by writing or J^^gEhz.^.c.^^s -,
otherwise ; and every bond, suit, judgment, and execution, |^2; jCooper^s
which may be had or made, to or for any intent or purpose to
delay, hinder, or defraud creditors and others of their just and
lawful actions, suits, debts, accounts, damages, penalties, and
forfeitures, shall be deemed and taken (only as against that
person or persons, his or their heirs, successors, executors, ad-
ministrators, and assigns, and every of them, whose actions,
suits, debts, accounts, damages, penalties, and forfeitures, by
such guileful, covinous, or fraudulent devices and practices,
as is aforesaid, are, shall, or might be in any ways disturbed,
hindered, delayed, or defrauded) to be clearly and utterly
void, frustrate, and of none effect ; any pretence, color, feigned
consideration, expressing of use, or any other matter or thing
to the contrary notwithstanding.
The words "goods and chattels" are inserted after word "hereditaments" in
above Section to conform to the original Statute of Elizabeth, II. Cooper's Stat-
utes at Large, 497. They were omitted by mistake in the Revised Statutes of 1873,
1882 and 1893. These Statutes are in affirmance of the common law. — Hudnal
V. Wilder, 4 McC, 294; Footman v. Pendergrass, 3 Rich. Eq., 33.
As to the application of this Statute to personal property, see the North Caro-
lina case of Garrison v. Bryce, 48 N. C, (3 Jones L.), 85, and our own case ot
Avery v. Wilson, 47 S. C, 78; 25 S. E., 286.
As to conveyances. — Croft v. Arthur, 3 Dess., 223 ; Wade v. Calvert, 2 Mill,
27; Kid V. Mitchell, i N. & McC, 334; Kirkley v. Blakeney, 2 N. & McC, 544;
Jenkins v. Clement, Harp. Eq., 72; Harrison v. McCall, Harp. Eq., 170; Mad-
den V. Day, I Bail., 337; Henderson v. Dodd, Bail. Eq., 138; Blake v. Jones,
Bail. Eq., 141; Cordery v. Zealy, 2 Bail., 205; Lowry v. Pinson, 2 Bail., 324;
Edwards v. Ford, 2 Bail., 461; Hipp v. Sawyer, Rich. Eq. Ca., 410; Thomas v.
Jeter, i Hill, 380; Brown v. McDonald, i Hill Ch., 297; Bank v. Toomer, 2
Hill Ch., 27; King v. Clarke, 2 Hill Ch., 611; Davidson v. Graves, Riley Ch.,
902 CIVIL CODE
A. D. 1902.
^^--•^v^— ^ 219, 232; Bank v. Mitchell, Rice Eq., 389; Jacot v. Corbett, Chev. Eq., 71;
Anderson v. Fuller, McM. Eq., 27; Jones v. Crawford, 1 McM., 373; Watson
V. Kennedy, 3 Strob. Eq., i; Gracey v. Davis, 3 Strob. Eq., 55; Arnold v.
Mattison, 3 Rich. Eq., 153; Pettus v. Smith, 4 Rich. Eq.., 197; Godbold v.
Lambert, 8 Rich. Eq., 155; Gadsden v. Carson, 9 Rich. Eq., 252; Bulwinkle v.
Grube, 5 Rich., 286; Smith v. Culbertson, 9 Rich., 106; Anderson v. Rhodus,
12 Rich. Eq., 104; Richardson v. Rhodus, 14 Rich., 95; Buchanan v. McNinch,
3 S. C, 498; Means v. Feaster, 4 S. C, 249; Thorpe v. Thorpe, 12 S. C, 166;
McGowan v. Hitt, 16 S. C, 610; Suber v. Chandler, 18 S. C, 529; Kohn v.
Meyer, 19 S. C, 201; Dawson v. Niver, 19 S. C, 607; McPherson v. McPher-
son, 21 S. C, 270; Werts v. Spearman, 22 S. C, 216; Walker v. Bellman, 22
S. C, 526; McSween v. McCown, 23 S. C, 353; Woody v. Dean, 24 S. C, 505;
Wagner v. Mars, 27 S. C, 97; 2 S. E., 844; Featherstone v. Dagnell, 29 S. C, 45;
6 S. E., 897; Bates v. Cobb, 29 S. C, 395; 7 S. E., 743; Watson v. Young, 30
S. C, 144; 8 S. E., 706; Archer v. Long, 32 S. C, 171; 11 S. E., 86; Shell v.
Boyd, 32 S. C, 359; II S. E., 205; Amaker v. New, 33 S. C, 28; 11 S. E., 386;
Jackson v. Lewis, 34 S. C, i ; 12 S. E., 560; McGee v. Jones, 34 S. C, 147; 13
S. E., 326; Bates v. Cobb, 29 S. C, 395; 7 S. E., 743; McGahan v. Crawford,
47 S. C, 566; 25 S. E., 123; Perkins v. Douglass, 52 S. C, 129; 29 S. E., 400;
Bank v. Dowling, 45 S. C, 677; 23 S. E., 982; 52 S. C, 345; 29 S. E., 788;
McGee v. Wells, 52 S. C, 472; 30 S. E., 602; Latimer v. Latimer, 53 S. C, 483;
31 S. E., 304; Bomar v. Means, 53 S. C, 232; 31 S. E., 234; Gentry v. Lanneau,
54 S. C, 514; 32 S. E., 523; McElwee v. Kennedy, 56 S. C, 154; 34 S. E., 86;
Sloan V. Hunter, 56 S. C, 385; 34 S. E*, 658; Steinmeyer v. Steinmeyer, 55 S.
C, 9; 33 S. E., 15; Garvin v. Garvin, 55 S. C, 360; 33 S. E., 458; Sullivan v.
Ball, 55 S. C, 343; 33 S. E., 486; DeLoach v. Sarratt, 55 S. E., 254; 33 S. E., 2;
35 S. E., 441; Younger v. Massey, 39 S. C, 115; 17 S. E., 711; Michalson v.
Myrick, 47 S. C, 297; 25 S. E., 162; Sumner v. Murphy, 2 Hill, 488; Leake v.
Anderson, 43 S. C, 448; 21 S. E., 439; Booth v. Mozet, i Brev., 216; McMahon
V. Dawkins, 22 S. C. 314; Simonton v. Davis, 4 Strob. Eq., 133; Durham Fert.
Co. V. Hemphill, 45 S. C, 621; 24 S. E., 85; Aultman & Co., v. Salinas, 44 S. C,
299; 22 S. E., 465; Grube v. Boyles, i Brev., 266; Tutt v. Culvert, 2 Mills, 26;
Ingram v. Phillips, s Strob., 200; Durant v. Durant, 36 S. C, 49; 14 S. E., 929;
Harrell v. Ker, 37 S. C, 369; 16 S. E., 42; Ferguson v. Harrison, 4 S. C, 340;
19 S. E., 619; Anderson v. Pilgram, 41 S. C, 423; 19 S. E., 1002; Mclntyre v.
Ligon, 38 S. C, 457; 17 S. E., 253. Remedy of creditors. — Armour Packing Co.
v. London, 53 S. C, 539; 31 S. E., 500.
Such conveyance cannot be avoided by executor or administrator. — Chappell v.
Brown, i Bail., 528; King v. Clarke, 2 Hill Ch., 611.
As to judgments. — Waltington v. Howley, i Dess., 167; State v. Fife, 2 Bail.,
S37; Posey v. Underwood, i Hill, 262; Hipp v. Sawyer, Rich. Eq. Ca., 410;
Bowie V. Free, 3 Rich. Eq., 403; Dickenson v. Way, 3 Rich., 412; Cureton v.
Doby, 10 Rich. Eq., 411; McCorkle v. Montgomery, 11 Rich. Eq., 114; Weaver
V. Wright, 13 Rich., 9; Pringle v. Sizer, 2 S. C, 59; Smith v. Pate, 3 S. C,
204; Arnold v. House, 12 S. C, 600; Beattie v. Pool, 13 S. C, 379; Weinges v.
Cash, IS S. C, 58; Mechanics B. & L. Ass'n. v. Fowler, 35 S. C, no; 35 S. E.,
433; Drake v. Steadman, 46 S. E., 474; 24 S. E., 458.
to decd7e^pur^ ^^^' ^370. Evcrv convcyance, grant, charge, lease, estate,
chasers void, incumbrance, and limitation of use or uses of, in, or out of any
R^'s^" 1889- ^^^*^^' tenements, or other hereditaments whatsoever, which
i7i2^^*!i %99' ™^y ^^ ^^^ °^ made for the intent and of purpose to defraud
§ 2. and deceive such person or persons, bodies politic or corporate,
as shall purchase in fee simple, fee tail, for life, lives, or years,
the same lands, tenements, and hereditaments, or any part and
parcel thereof, or to defraud and deceive such as have or shall
purchase any rent, profit, or commodity in or out of the same,
or any part thereof, shall be deemed and taken (only as against
OF SOUTH CAROLINA.
such person and persons, bodies politic and corporate, his and
their heirs, successors, executors, administrators, and assigns,
and against all and every other person and persons lawfully
having or claiming by, from, or under them, or any of them,
which have purchased, or shall hereafter so purchase, for money
or other good consideration, the same lands, tenements, or
hereditaments, or any part or parcel thereof, or any rent, profit,
or commodity, in or out of the same,) to be utterly void, frus-
trate, and of none effect ; and pretence, color, feigned considera-
tion, or expressing of any use or uses to the contrary not-
withstanding.
Does not extend to goods and chattels. — Teasdale v. Atkinson, 2 Brev., 48;
Footman v. Pendergast, 3 Rich. Eq., 38. The Stat., 27 Eliz., only affirmance of
common law. — Footman v. Pendergast, 3 Rich., 33. As to notice of purchaser
at second sale. — lb., Hudnall v. Wilder, 4 McC, 294; Howard v. Williams, i
Bail., 575.
Sec. 2371. All and every the parties to such feigned, covin-
Parties to
fraudulent con-
ous, and fraudulent gifts, grants, leases, charges, or convey- ^^y^^jj^||' ^°^
ances, or being privy and knowing of the same, or any of ^ s~m8'-
them, who shall wittingly or willingly put in use, avow, main-|^- ^.^^ ^^^:
tain, justify, or defend the same, or any of them, as true, simple, i7i2_. ^i--^^^'
and done, had, or made bona fide, or upon good consideration, c- 5; 1712, 11.,
to the disturbance or hindrance of the said purchaser or pur-
chasers, lessees or grantees, or of or to the disturbance or hin-
drance of their heirs, successors, executors, administrators, or
assigns, or such as have or shall lawfully claim anything by,
from, or under them, or any of them, shall incur the penalty
and forfeiture of one year's value of the said lands, tenements,
and hereditaments so purchased or charged ; the one moiety
whereof for the use of the State, and the other moiety to the
party or parties grieved by such feigned and fraudulent gift,
grant, lease, conveyance, incumbrance, or limitation of use, to
be recovered by action in any Court of competent jurisdiction;
and also being thereof lawfully convicted, shall suffer im-
prisonment for one-half year.
Sec. 2372. Nothing contained in the three preceding Sec-^^^"^^^^^^^^
tions of this Chapter shall extend or be construed to impeach, s^^^j^^^*^°"' ^'^■'
defeat, make void, or frustrate, any conveyance, assignment — ^ g ^^gg.
of lease, assurance, grant, charge, lease, estate, interest, or^^- f'4.^j^£,^'
limitation of use or uses of, in, to, or out of any lands, tene- ^^^' § ^•
ments, or hereditaments heretofore at any time had or made, or
hereafter to be had or made, upon or for good consideration
and boim Ude, to any person or persons, bodies politic or cor-
CIVIL CODE
porate; anything- therein mentioned to the contrary notwith-
standing.
V e^^e*d ^v^tli ^^^' ^373. If any person or persons have heretofore made, or
revocat°on and hereafter shall make, any conveyance, gift, grant, demise,
for^'^o'd ^con^ charge, limitation of use or uses, or assurance of, in, or out of
fir^t^ conlT-^^y lands, tenements, or hereditaments, with any clause, pro-
ance void. vision, article, or condition or revocation, determination, or
R *^'s^' J^pi alteration, at his or their will or pleasure, of such conveyance,
i7i''^^'fi '^'scw' a-ssurance, grants, limitations of uses or estates of, in or out of
§ 5. the said lands, tenements, or hereditaments, or of, in, or out of
any part or parcel of them, contained or mentioned in any
writing, deed, or indenture of such assurance, conveyance,
grant, or gift; and after such conveyance, grant, gift, demise,
charge, limitation of uses or assurance so made or had, shall or
do bargain, sell, demise, grant, convey, or charge, the same
lands, tenements, or hereditaments, or any part or parcel
thereof, to any person or persons, bodies politic and corporate,
for money or other good consideration paid or given, (the said
first conveyance, assurance, gift, grant, demise, charge, or
limitation, not by him or them revoked, made void, or altered,
according to the power and authority reserved or expressed
unto him or them in or by the said secret conveyance, assurance,
gift, or grant,) then the said former conveyance, assurance,
gift, demise, and grant, as touching the said lands, tenements,
and hereditaments, so after bargained, sold, conveyed, de-
mised, or charged, against the said bargainees, vendees, lessees,
grantees, and every of them, their heirs, successors, execu-
tors, administrators, and assigns, and against all and every
person knd persons which have, shall, or may lawfully claim
anything by, from, or under them, or any of them, shall be
deemed, taken, and adjudged to be void, frustrate, and of none
effect : Provided, That no lawful mortgage made, or to be made,
bona ade, and without fraud or covin, upon good consideration,
shall be impeached or impaired by force of anything in this
Chapter contained.
OF SOUTH CAROLINA.
ARTICLE III.
Mortgages of Land and Satisfaction Thereof.
Sec.
2374. Mortgagor remains legal
owner even after condition
broken ; mortgagee's only
right is to satisfaction by
foreclosure and sale ; pro-
viso as to release of equity
of redemption.
2375. Upon payment or tender of
debt, &c., mortgagee must
enter satisfaction ; at whose
request ; within what time,
&c.
Sec.
2376. Penalty for not entering
satisfaction ; where entered
by order of Court and by
whom.
Mortgagor may apply for
rule, &c.
Proceedings on rule.
Judge may submit questions
of fact to a jury, &c.
Foreclosure sales, conditions
precedent.
Date of consent of mort-
gagor.
2382. Judgment in actions for fore-
closure.
2377.
2378.
2379.
2380.
2381.
Section 2374. No morts:a^ee shall be entitled to maintain any Mortgagor re-
o c5 - mains legal
possessory action for the real estate mortgaged, even after the owner^even _af-
time allotted for the payment of the money secured by mortgage broken; mort-
i^^ - J J o a gagee s only
is elapsed ; but the mortgagor shall be deemed owner of the r '^f^^^^jj,^ \°
land, and the mortgagee as owner of the money lent or due, foreclosure and
' o o J sale; proviso
and shall be entitled to recover satisfaction for the same out of as to releases
of equity ot
the land by foreclosure and sale according to law : Provided, redemption.
That notwithstanding the foregoing provision all releases of G. s. 2299;
R. o. 1893 J
the equity of redemption shall be binding and effectual in law. i79i, v., ito,
Before Act of 1791 legal title passed to mortgagee upon defeasance and he 311, § 1; 1879,
could maintain action for the land. — Veree v. Veree, 2 Brev., 211; State v. XVII., 19.
Laval, 4 McC, 336; Stoney v. Shultz, i Hill Ch., 465; Drayton v. Marshall, Rice
Eq., 373; Mitchell v. Bogan, 11 Rich., 686; Laffan v. Kennedy, 15 Rich., 246;
Reeder v. Dargan, 15 S. C, 175. Under this Statute a mortgage is not a con-
veyance.-— Burkett v. Whittemore, 36 S. C., 428; 15 S. E., 618.
Since, mortgage does not convey any estate, even after time for redemption
has passed. — Thayer v. Cramer, i McC. Ch., 395; Lowndes v. Chisolm, 2 McC.
Ch., 455; Simons v. Bryce, 10 S. C, 354; Warren v. Raymond, 12 S. C, 9;
Annely v. DeSaussure, 12 S. C, 488; Reeder v. Dargan, 15 S. C, 175; Warren
V. Raymond, -17 S. C, 163; Hendrix v. Seaborn, 25 S. C, 481; Johnson v. John-
son, 27 S. C, 309; 3 S. E., 606; Seignious v. Pate, 32 S. C, 134; 10 S. E., 880;
Hardin v. Hardin, 34 S. C, 77; 12 S. E., 936. Unless, as provided in original
Act, the mortgagor went out of possession, which proviso was stricken out in
1879. — Durand v. Isaacs, 4 McC, 54; Stoney v. Shultz, i Hill Ch., 465; MitcheU
V. Bogan, 11 Rich., 686; Laffan v. Kennedy, 15 Rich., 246; Williams v. Beard, i
S. C, 309; Warren v. Raymond, 12 S. C, 22.
Release of the equity of redemption operates under the Section as a convey-
ance of land." — Mitchell v. Bogan, 11 Rich., 704; Simons v. Bryce, 10 S. C, 372;
Navassa Guano Co. v. Richardson, 26 S. C, 201; 2 S. E., 307; Tant v. Guess, 37
S. C, 489; 16 S. E., 477.
Sec. 2375. Any person who shall have received full payment |^*'g^nt^gj°5
or satisfaction, or to whom a legal tender shall have been when mortgage
' ° debts are paid.
made, of his debts, damages, costs, and charges, secured by — ^ ^ ^^^^_
mortgage of real estate, shall, at the request of the mortgagor, R.^^ s^^^ is94!
CIVIL CODE
or of his legal representative, or of any other person being a
creditor of the said debtor, or a purchaser under him, or having
an interest in any estate bound by such mortgage, and on tender
of the fees of office for entering such satisfaction, within three
months after such request made, enter satisfaction in the proper
office, on such mortgage, which shall forever thereafter dis-
charge and satisfy the same.
An endorsement on mortgage that its lien is released is not the satisfaction
required. — Lynch v. Hancock, 14 S. C, 56. The satisfaction does not require
two witnesses. — Charleston v. Ryan, 22 S. C, 339. If fraudulent the rights of
subsequent purchaser without notice of fraud will be secure.- — Charleston v.
Ryan, 22 S. C, 339. Tender of debt, though past due, discharges lien of the
mortgage. — Salinas v. Ellis, 26 S. C, 337; 2 S. E., 121.
not'^^doi'nl sa Scc. 2376. Any person having received such payment, satis-
G. s. 1792; faction, or tender, as aforesaid, who shall not, within three
R.^ S. 1895; jYionths, by himself or his attorney, after request and tender
of fees of office, repair to the said office, and enter satisfaction
as aforesaid, shall forfeit and pay to the party aggrieved a
sum of money not exceeding one-half of the amount of the
debt secured by mortgage as aforesaid, to be recovered by
action in any Court of competent jurisdiction within the State ;
and on judgment being rendered for the plaintiff in any such
action, it shall be the duty of the presiding Judge to order
satisfaction to be entered on the judgment or mortgage afore-
said, by the Clerk or Register, or other proper officer, whose
duty it shall be, on receiving such order, to record the same,
and to enter satisfaction accordingly.
,.. , Ryan v. Kaphan, 16 S. C, 154.
M o r tgagor ^ f .
fuZ ^Wc^ ^°'^ ^^^- 2377. Any person who shall be indebted by mortgage
— G s 1793- shall be, and he is hereby, authorized to apply to the pre-
R. s. 1896; siding Judge of any Court of General Sessions and Common
lb., 8 2. o ^ d J
Pleas, to be held in the County in which such mortgage shall
be recorded, for a rule to show cause why satisfaction should
not be entered thereon.
Proceedings
where rule is Sec. 2378. It shall be the dutv of such Judge to grant such
issued. ' . .
rule, returnable on a dav to be fixed by him; which rule shall
G. S. 1794; ' ^ -^ ' .
R. s. 1897; be served on the mortgagee, his legal representative, or
assignee, or their attorney ; and if the party so served shall
not attend to show cause, or, attending, shall show insufficient
cause, and the Judge shall be satisfied that the mortgage afore-
said has been fully paid, it shall be his duty to order the proper
officer to enter satisfaction on the said mortgage.
Sec. 2379. If, on the return of the said rule, it shall appear
to the presiding Judge that matters proper for the decision
OF SOUTH CAROLINA.
of a jury are involved in the case, he may, at the request of
either party, submit the same to the jury, -to be decided im- ^^^''^I'^g^j'^'^
mediately, in a summary manner; and if the jury shall decide ^^^^^^^^^^^'p^^''*'
that the mortgage has been paid, satisfaction shall be ordered g~s~~i795^
accordingly. f^^,^ ^i.^'fi!
Sec. 2380. No sale under or by virtue of any mortgage or § 2.
other instrument in writing intended as securitv for a debt. Debts secured
o -^ by mortgage
conferring a power upon the mortgagee or creditor to sell °^ trVroven^
the mortgaged or pledged property while said power remains '^1^°'^^^°^^'^^^^.°^
of force, or has not been revoked by the death of the party '^°l^l^ °owlr'°
or parties executing such mortgage or instrument, shall be valid — —^ xxi~
to pass the title of the land mortgaged, unless the debt fofi^oo. xxiii.
which the security is given shall be first established by the
judgment of some Court of competent jurisdiction, or unless
the amount of the debt be consented to in writing by the debtor
subsequently to the maturity of the debt, such consent in writing
to be recorded in the office of the Register of Mesne Convey-
ance, or Clerk of the Court, where the mortgage or other instru-
ment in writing given to secure such debt is, or ought to be,
recorded : Provided, however, That nothing herein contained 5 x c eptions
•' -' ^ and provisos.
shall render it necessary, nor shall it be necessary, to make the
personal representative of a deceased mortgagor a party to any
foreclosure proceeding; nor in any foreclosure proceeding (if
the mortgagor be dead) shall it be necessary to first establish
the debt by the judgment of some Court of competent juris-
diction in order to obtain a decree of foreclosure and sale ; nor
shall it be necessary to make the mortgagor who may have con-
veyed the mortgaged premises a party to any action for fore-
closure where no judgment for any deficiency is demanded:
Provided, further, That no sale heretofore made under fore-
closure proceedings, to which the personal representatives of
deceased mortgagors were not parties, shall be invalid by
reason of the absence of such personal representatives.
This Act applies to statutes executed prior to, as well as to those executed since
its date, and relates to the remedy only. — Simon v. Sabb, 56 S. C, 38; 33 S. E.,
801; Stoddard v. Owings, 42 S. C, 88; 20 S. E., 25.
Sec. 2381. The consent of the mortgagor to the amount oi ^^^%f^^^.
the debt shall bear date not more than twelve months prior 5^£^f: .
to any sale under any power contained in any such mortgage ^^^^' '^^^'^^
as referred to in Section 2380; and when any sale of land is
made, or to be made, under and according to the provisions of
said Section, any balance of the mortgage debt over the pur-
chase price of the land at such sale shall not be extinguished
CIVIL CODE
by reason of the mortgagee or his or her assigns becoming the
purchaser at such sale, whether the mortgage contain a pro-
vision to that effect or not.
Court may gee. 2382. In actions of foreclosure, the Courts shall have
render j u d g- ' _ _
mentand ord^r ^j^g power to render judgment against the parties liable for the
time.
1894, XXI.
Judgment to
be credited.
payment of the debt secured by the mortgage and to direct at
the same time the sale of the mortgaged premises. The said
judgment so rendered may be entered and docketed in the
Clerk's office in the same manner as other judgments. Upon
sale of the mortgaged premises, the officer making the sale
under the order of the Court shall credit upon the judgment
so rendered for the debt the amount or amounts paid to the
plaintiff from the proceeds of the sale.
CHAPTER LXIII.
Dower and Allotment Thereof.
Article i. Renunciation of Dower, and When the Right Shall
Be Barred or Forfeited.
Article 2. Mode of Divesting Right of Insane Married
Women.
Article 3. Proceedings for Allotment of Dower.
ARTICLE I.
Renunciation of Dower, and When the Right Shall be
Barred or Forfeited.
Sec.
23S3. Renunciation of dower, be-
fore whom ; certificate, ef-
fect of.
2384. How wife may renounce.
2385. Form of certificate ; where to
be recorded.
2386. Acceptance by widow of dis-
tributive share in husband's
intestate estate bars dower.
2387. Elopement forfeits dower.
Sec.
2388. Wife having jointure, not to
have dower.
2389. Not having jointure, to have
dower at common law.
2390. Women shall be endowed
when jointure is recovered.
2391. May take or refuse jointure
after marriage.
2392. Refusing jointure, may de-
mand dower.
Who may
take renuncia-
tion of dower.
Section 2383. When any femme covert shall relinquish her
^ ^ - risrht of dower in any real estate and acknowledge the same in
G. S. 1S99: to J to
r. s. 1899; writing, if she be within this State, in open Court or before any
113; 1889, xx;; Judge of the Court of Common Pleas, Justice of the Supreme
X v'l L, 466; Court, Judge of Probate, Clerk of the Court of Common Pleas,
1878, X V I., ' - *"
705.
OF SOUTH CAROLINA.
Magistrate or Notary Public; or, if she be without this State,
before a Commissioner of Deeds of this State, or before a Com-
missioner duly appointed by dedimus, or before any Consul,
Vice Consul, Deputy Consul, consular agent, commercial agent
of the United States, or any other officer appointed by the
United States in foreign countries with the power to administer
oaths and having an official seal, or a Clerk of a Court of.
record, or before a Notary Public, who must each append to Official char-
the certificate the official seal used by him, and in the case of^^^y 1° be at-
. . tested.
the certificate of a Notary Public his official character must be
attested by a Clerk of the Court of record of the County in
which he may reside, and such acknowledgement shall be
recorded, the same shall be effectual in law to convey and
pass away the right of such femme covert, although she has
not executed or acknowledged any deed of conve3^ance for that
purpose.
Promise by husband that wife would relinquish subsequent to conveyance
void. — Murray v. Crane, i McC, 489. Must be perfect at time when made. —
Scanlan v. Turner, i Bail., 421. Shall not be construed as renunciation of in-
heritance.— Brown v. Spann, 2 Mill, 12; Mays v. Feaster, McC. Ch., 137. Officer
cannot take upon conveyance in which he is interested. — Scanlan v. Turner, i
'Bail., 421. Where renounced on mortgage by husband, and executors, under a
power in the will, raised money by mortgage on same land with wife's renuncia-
tion and paid husband's mortgage, she was entitled to dower in priority of execu-
tor's mortgage. — Jefferies v. Allen, 29 S. C, 501; 7 S. E., 828.
Sec. 2384. The wife of any grantor conveying real estate bynounced; how
deed of release, may, whether she be of lawful age or a minor,. — —^
. G S 1797
release, renounce, and bar herself of her dower in all the prem- r. ' s. ' 1900
ises so conveyed, by acknowledging, as prescribed in the pre-isco' xx.,''7ia
ceding Section of this Chapter, upon a private and separate
examination, that she did freely and voluntarily, without any
compulsion, dread, or fear of any person whomsoever, renounce
and release her dower to the grantee, and his heirs and assigns,
in the premises mentioned in such deed ; such renunciation to be
recorded within forty days.
Prior to the Constitution of 1895 this was held to be the only way by which a
married woman could renounce her inchoate right of dower. — McKenzie v. Sifford,
52 S. C, 104; 29 S. E., 388.
Privy examination is necessary to make renunciation of dower effectual. — -
Townsend v. Brown, 16 S. C, 91. Before Act 1890 infant wife could not so
renounce dower. — McMorris v. Webb, 17 S. C, 558. Wife cannot make valid
renunciation of dower to one who is in possession of husband's land without
title but with his consent. — Mobley v. Mobley, 14 Rich. Eq., 280.
Sec. 2385. A certificate, under the hand of the woman and be^enSd on
the hand and seal of the officer or officers aforesaid, shall bcof.^"'^- ^°™
endorsed upon such release, or a separate instrument of writing g. s. i798;
to the same effect, in the form, or to the purport, hereafter ^gVs, ^'xvl!
706. '
9IO CIVIL CODE
A. D. 1902. "
^— 'v^"^ following, and be recorded in the office of Register of Mesne
Conveyances in the County where the land lies :
"The State of South Carolina, County.
"I, F, G, ( , Judge, Magistrate, or other officer, as
the case may be,) do hereby certify unto all whom it may con-
cern, that E B, the wife of the within named A B, did this day
• appear before me, and, upon being privately and separately
examined by me, did declare that she does freely, voluntarily,
and without any compulsion, dread, or fear of any person or
persons whomsoever, renounce, release, and forever relinquish,
unto the within named C D, his heirs and assigns, all her in-
terest and estate, and also all her right and claim of dower, of,
in, or to, all and singular the premises within mentioned and
released.
"Given under my hand and seal, this .... day of ,
Anno Domini
(Signed) E B
[l. s.] F G "
The renunciation of dower is co-extensive with the operation of the deed. —
Rickard v. Talbird, Rice Eq., 158; Kleckley v. Kleckley, 2 Hill Eq., 250. Such
form wholly inoperative as a renunciation, unless conveyance of land has been
executed by husband.^Mobley v. Mobley, 14 Rich. Eq., 280; Jeffries v. Allen,
29 S. C, 501; 7 S. E., 828. Certificate good between the parties without record-
ing.— Kottman v. Ayer, i Strob., 552. Such renunciation of dower by mother on
deed of son "amounted to nothing more than a renunciation of all claims of
donee against this purchaser." — Bethune v. McDonald, 34 S. C, 88; 14 S. E., 674.
Dower, prior to the Constitution of 1895, could only be renounced by a com-
pliance with this Statute. — McKenzie v. Sifford, 52 S. C, 104; 29 8. E., 388.
Where the wife signed a covenant not to claim dower she must return the con-
sideration received before the cancellation of same. — lb. As to estoppel by con-
duct.^ — ^Jeffries v. Allen, 34 S. C, 189; 13 S. E., 365; Davis v. Townsend, 32
S. E., 112; 10 S. E., 837; Wilson v. Woodward, 41 S. C, 363; i9 S. E., 685;
Stoney v. Bank, 1 Rich. Eq., 275; Tennent v. Stoney, lb., 222; Smith v.
Passenger, 2 Mills, 59. Quit claim deed of dower, signed by wife with husband,
no bar to dower. — Townsend v. Brown, 16 S. C, 91. Since Constitution of 1868,
and Acts in pursuance thereof, wife may estop herself by covenant for value to
not claim dower.— Shelton v. Shelton, 20 S. C, 560; Smith v. Oglesby, 33 S. C,
194; II S. E., 687. Certificate need not be in this exact form; "to same purport"
sufficient. — Vinson v. Nicholas, 28 S. C, 198; 5 S. E., 599. Inchoate right of
dower should be renounced; complete right conveyed by deed. — ^Jefferies v. Allen,
29 S. C, soi; 7 S. E., 828; Bethune v. McDonald, 35 S. C, 88; 14 S. E., 674.
Officer's seal indispensable. — Vinson v. Nicholas, supra; McCreary v. McCreary,
9 Rich. Eq., 34.
by 'widow^^of Sec. 2386. When a husband dies intestate, and his widow ac-
d i s t r ibutive (,.gp|-5 j-^gj- distributive share in his estate, she shall be barred of
snare in nus- r
band's intes-j^gj. Jowcr in the lands of which her husband died seized, and
ta.tG CSt3.tC D3.rs
'^o'^^'^- all of such as he had aliened.
G. S. 1797; Distributive share is in lieu of dower. — Douglas v. Clarke, 4 Dess., 143; Avant
R- S. 1902; ^ Robinson, 2 McM., 215; Buist v. Dawe, 3 Rich. Eq., 281; Evans v. Pierson, 9
ISSO, XVll., j^.^j^^ ^. Qio^gj. ^_ Glover, 45 S. C, 51; 22 S. E., 732; Beaty v. Richardson, 56
S. C, 173; 34 S. E., 73; Lavender v. Daniel, 58 S. C, 125; 36 S. C, S50.
Election. — Quarles v. Garrett, 4 Dess., 14s; Picket v. Peay, 3 Brev., 545; Wilson v.
OF SOUTH CAROLINA. 911
A. D. 1902.
Hayne, Chev. Eq., 37; Phinney v. Johnson, 13 S. C, 25; Avant v. Robinson, 2 ^^■"'~v'~^
McM., 215; Labitut v. Schmidt, Speer Eq., 421; Caston v. Caston, 2 Rich. Eq.,
i; Shaffer v. Shaffer, 16 S. C, 625; Witherspoon v. Watts, 18 S. C, 396; Hair
V. Goldsmith, 22 S. C, 566; Lavender v. Daniel, 58 S. C, 125; 36 S. E., 550;
Calahan v. Robinson, 30 S. C, 249; 9 S. E., 120; Sumerel v. Sumerel, 34
S. C, 85; 12 S. E., 932. When both legacy and dower can be taken. —
Gordon v. Stevens, 2 Hill Ch., 46. Where not. — Cunningham v. Shannon,
4 Rich. Eq., 135. But if legacy accepted fails, dower allowed. — Gist v. Cattail, 2
Dess., 53. Legacy does not bar dower in lands purchased after will. — Hall v.
Hall, 2 McC. Ch., 269. Nor in lands alienated during coverture. — Braxton v. .
Freeman, 6 Rich., 35. Nor in intestate lands. — Seabrook v. Seabrook, 10 Rich. Eq.,
495-
The widow may claim both dower and homestead against creditors. — Geiger v.
Geiger, 57 S. C, 521; 35 S. E., 1032.
Sec. 2387. If a wife willingly leave her husband, and go foj^Jjt° ^iXen
away, and continue with her advoutrer, she shall be barred G"~s~r799^
forever of action to demand her dower that she ought to have ^- j.|- ^^^°^'
of her husband's lands, if she be convict thereupon, except ^*.^ ^'''^2, 11.,
that her husband willingly reconcile her, and suffer her to dwell
with him ; in which case she shall be restored to her action.
Dower is not barred where the husband deserted the wife and she made un-
successful efforts to win him back before going to live in adultery. — Beaty v.
Richardson, 56 S. C, 173; 34 S. E., 73; Bell v. Nealy, i Bailey, 312; McCreery
v. Davis, 44 S. C, 195; 22 S. E., 178; 28 L. R. A., 655.
Sec. 2388. Every married woman having jointure shall not j^^J^'^^^g^^J^*'^^
claim, or have title to have, any dower of the residue of the^^^^ dower.
lands, tenements, or hereditaments, that at any time were her .^ ^- ^- J^°^
said husband's, by whom she hath any such jointure, nor shall ^.^- 1| ^•'^^^
demand or claim her dower of and against them that have the § ^•
lands and inheritances of her said husband.
An acceptance of an estate in lifetime of husband under articles of separation
is not a jointure under this Section. — Shelton v. Shelton, 20 S. C, 560.
Sec. 2389. If she have no such jointure, then she shall be ad- j o^ntu«,^'to
mitted and enabled to pursue, have, and demand her dower, common la w.^*^
after the due course and order of the common law, any law or q g. isoi;
provision made to the contrary thereof notwithstanding. ^- ^- "^^°^'
Sec. 2390. If au}^ such woman be lawfully expelled or evicted woman shall
from her said jointure, or from any part thereof, without any ^^,^jjQgJ^j^;^^^g
fraud or covin, by lawful entry, action, or by discontinuance of 's recovered.
her husband, then every such woman shall be endowed of asjj*^-g^- ^ggg
much of the residue of her husband's tenements or heredita- ^i^|*- j^'^-^gg^
ments, whereof she was before dowable, as the same lands and § "•
tenements so evicted and expelled shall amount or extend unto.
See Ward v. Wilson, i DeS., 401.
Sec. 2391. If any wife have, or hereafter shall have, any ^^ ^^ay _t^ake^or
lands, tenements, or hereditaments unto her given and assured ^^^^"^ mamage.
after marriage for term of her life, otherwise in jointure, except ^^ ^-g^- ]^^03;
the same assurance be to her made by Act of the General As- ■^^•' § ^•
sembly, and the said wife, after that fortune, do over-live her
CIVIL CODE
said husband in whose time the said jointure Avas made or as-
sured unto her, the same wife so over-Hving, shall and may, at
her liberty, after the death of her said husband, refuse to have
and take the lands and tenements so to her given, appointed,
or assured, during the coverture, for term of her life, or other-
wise in jointure, except the same assurance be to her made
by Act of the General Assembly, as is aforesaid.
R e f u s ing gee. 2392. Upon the refusal of any wife to have and take the
jointure, may ^ ■'
demand dower, lands and tenements, given, appointed, and assured to her by
R*^"s^" 1908- J*-*^^^^^^^ ^^ aforesaid, she may have, ask, demand, and take
her dower according to the common law, of and in all such
lands, tenements, and hereditaments, as her husband was and
stood seized of any estate of inheritance at any time during the
coverture ; anything contained herein to the contrary notwith-
standing.
As to ante nuptial settlements and agreements in bar of dower, see Gelzer v.
Gelzer, Bailey Eq., 387; Cunningham v. Shannon, 4 Rich. Eq., 135; Spira v. Jeter,
9 Rich. Eq., 434. Post nuptial agreement for separation, &c., McKenzie v. Sifford,
48 S. C, 458; 26 S. E., 706. Widow may become trespasser on lands of her
husband, although entitled to dower, after forty days from his death. — Cave v.
Anderson, 50 S. C, 293; 27 S. E., 693; McCuUy v. Smith, 2 Bail., 103; Lamar v.
Scott, 2 Rich., 516; Trenholm v. Wilson, 13 S. C, 174.
ARTICLE II.
Mode of Divesting Right of Insane Married Women.
Sec.
2393. Petition to Probate Court by
husband ; what to contain.
2394. Court may adjudge right
barred upon compliance by
husband with certain con-
ditions.
2395. Conditions being complied
witli, certificate to be en-
dorsed on deed or mort-
form of.
Sec.
2396. Endorsement equivalent to
renunciation.
2397. Like proceeding authorized as
to land aliened or incum-
bered prior to Act.
2398. Proceedings where unsound-
ness of mind not adjudged
prior to petition ; certificate
in such case.
Mode pre- Sectloii 2393. When a married man desires in good faith to
scribed to di- . . , .
vest dowergrant, alien, sell, mortgage, or otherwise mcumber real estate,
sane married and is Unable to obtain his wife's renunciation of her right of
women. .,,. . ,.,,
dower thereto by reason of her being of unsound mmd, then,
R. S. 1909- .
1884,' X I x.\ and in such cases, the husband may, by verified petition to the
Probate Court, set forth all the facts, particularly describing the
Probate Court, real estate sought to be granted, aliened, sold, mortgaged or
Guardian ad Otherwise incumbered, and praying: ist. That a guardian ad
litem.
OF SOUTH CAROLINA.
litem be appointed to represent the interest of the said married
woman under the proceedings begun by said petition. 2nd. To
inquire into the truth of the facts stated in the said petition.
3rd. To ascertain the true value of the land described in the
petition.
Sec. 2394. If the Probate Judge, after a proper hearing, shall ^.^^ ^^ ^^
find the facts stated in the petition are true, and that said mar- ^^'"''^^-
ried woman is of unsound mind, it shall be competent for the^^^^- s. 1910 ;
said Probate Court to adjudge her said right of dower to the
land described in the said petition forever barred, upon the
following conditions being complied with by the husband : conditions
Either one-sixth of the true value of the land described in
the petition shall be invested in some security, to be approved investment
by the Probate Court and held in trust by a trustee to be ap-
pointed by said Court, with such security as the Court may
direct, or, in case such security cannot be obtained, then by the
Judge of said Probate Court ; that the interest arising there- . Payment of
from shall be paid to the husband during his life or during .
the life of the wife if she should predecease him, and the whole
to go to her absolutely at the death of the husband if she should
then be living; if she should predecease her husband, at her
death the property so invested to be turned over to the husband
absolutely ; or the husband may give a bond to said Probate
Judge for one (1-6) sixth the true value of the land described
., ..^., , .. , ,, Bond of hus-
m the petition, with two good securities, to be approved by band.
the Probate Court, conditioned for the payment of such sum
to the wife upon the death of her husband and if she should
then be living, but said bond to be null and void if the wife
should predecease the husband.
Sec. 2395. Upon the compliance by the husband with either Endorsement
of the above conditions, the Probate Judge shall endorse m'ortgage.
upon the deed or mortgage the following language: I, r. s. 1911 ;
, Probate Judge of the County of ,
and State of South Carolina, do certify that Mrs ,
wife of the within named , was regularly adjudged
a person of unsound mind on the. . . .day of , 19. .,
by , Probate Judge of the County of ,
and State of South Carolina ; that on the .... day of ,
19. ., the petition was filed in this Court to bar the dower of
the said Mrs , and the decision barring the dower
was rendered on the .... day of , 19. . . Given under my
hand and official seal this .... day of . . . ., 19. ..
58.— C
CIVIL CODE
Sec. 2396. The above endorsement on any such deed or
to^bar '^doTer! ''^^^^i^^g'^ ^^^^^ ^^^e the Same force and effect as renuncia-
R. s. 1912- ^^'^^ ^^ dower made as now provided by law, and shall be re-
^^- corded in all respects as such renunciations are required to be
recorded.
Like proceed- Scc. 2397. Like proceedings may be had for divesting- the
ings as to ex- . . .
isting deeds, rights of dowcr of the insane wife of any married man now out-
R. s. 1913; standing in real estate hitherto granted, sold, aliened, mort-
gaged or otherwise incumbered, such certificate by the Probate
Judge in case of the loss of the original deed to be endorsed
across the record in the office where the original was recorded.
Sec. 2398. In case said married woman shall not have been
at the time of filing said petition already adjudged of unsound
lb
Where
soundness
ists, but
adjudged.
lb
R.
dorsement.
s. 1914; mind, but the fact of such unsoundness be proved to the satis-
faction of said Probate Judge, then said Probate Judge shall,
upon the compliance by said husband with the conditions set
forth in Section 2394, endorse upon the deed, mortgage or other
instrument, or upon the record, in case of the loss of the
Form of en- Original, the following language : I, , Probate
Judge of the County of , and State of South Caro-
lina, do certify that Mrs , wife of the within
named , has this day been by me adjudged of
unsound mind upon the petition filed on the .... day of ,
in this Court, to bar the dower of said Mrs and a
decision barring the dower has been rendered thereon. Given
under my hand and seal this .... day of And
such endorsement shall be in all respects as effectual to bar the
dower of such married woman as in cases when such married
woman has been already adjudged of unsound mind.
A bar
dower.
ARTICLE III.
Proceedings for Allotment of Dower.
Sec.
2399.
2400.
2401.
Widows may apply to Pro-
bate Court for writ of ad-
measurement.
Court to issue summons to
show cause ; upon whom to
be served, &c.
No cause being shown, writ
of admeasurement to issue ;
Commissioners, how nomi-
nated, duty of.
Sec.
2402. Respondent refusing to nomi-
nate, Court appoints.
2403. Commissioners may call in
surveyor ; expenses ; by
whom to be paid.
2404. True value of land to be re-
garded ; when a sum of
money may be assessed in
lieu of dower.
OF SOUTH CAROLINA.
Sec.
2405. Value ; how assessed against
purchaser ; improvements.
2406. How assessed when husband
died seized.
Sec.
2407. Proceedings for allotment of
dower in Circuit Court to
conform to regulations of
this Article.
Secret and fraudulent conveyance to defeat dower right. — Brooks v. McMeekin,
ZJ S. C, 285; 15 S. E., 1019.
Section 2399. Any woman who is entitled to dower or thirds Widows may
J apply to Pro-
in the lands of which her deceased husband was seized in fee at '^^t^ Court for
writ of ad-
any time during their marriage may apply to the Judge of Pro- measurement.
bate of the County in which said lands are situated for a writ j, g. ^s. 2233;
of admeasurement thereof, to be directed to certain personsi"^^, ly., 742,
who shall be appointed for that purpose. 294 § 7; ises,
Where wife has renounced dower on a mortgage, she cannot ask the Court to Con., Art. IV.,
transfer her inchoate right to the surplus proceeds of sale in foreclosure. — Gruhe ^ •
V. Lilienthal, 51 S. C, 442; 20 S. E., 230; Miller v. Farmers Bank, 49 S. C, 427;
27 S. E., 514. Right of non resident widow. — Lamar v. Scott, 3 Strob., 562. Con-
flict of State law. — Barnes v. Cunningham, 9 Rich. Eq., 475. Validity of mar-
riage.— Woods v. Woods, 2 Bay, 476.
Inchoate dower is a substantial right of property and not a lien. — Shell v.
Duncan, 31 S. C, 547; 10 S. E., 330. Dower in lands confiscated. — Boyce v.
Rutledge, i Bay, 312; Wells v. Martin, 2 Bay, 20. Dower extend to lands alien-
ated during coverture. — Avant v. Robinson, 2 McM., 215. Seizin for an instant
sufficient. — Douglas v. Dickson, 11 Rich., 417. No dower in lands sold under
judgment or charge obtained before marriage.- — Jones v. Miller, 17 S. C, 380;
Shiell V. Sloan, 22 S. C, 151; see also Verree v. Verree, 2 Brev., 211. Dower
in lands held in joint tenancy during coverture. — Reed v. Kennedy, 2 Strob., 69;
Shiell V. Sloan, 22 S. C, 151. The wife's dower in lands held by her husband
as tenant in common is subject to the paramount right to partition, and will be
barred by a sale for partition under the decree of Court. — Holley v. Glover, 36
S. C, 404; IS S. E., 60s; 31 -•^m. St. Rep., 833; 16 L. R. A., 776. But where
the land is divided in kind, it attaches to the portion assigned him in severalty. —
Gaffney v. Jeffries, 38 S. E., 216; S9 S. C, 565. Not in lands held under lease. —
Whitmire v. Wright, 22 S. C, 446. But in partnership lands. — Reed v. Kennedy,
2 Strob., 67; Bowman v. Bailey, 20 S. C, sso'. Agnew v. Renwick, zy S. C, 562;
4 S. E., 223. Not in lands of devisee until debts of devisor are paid. — May v.
May, Rich. Eq. Ca., 378. Failure of husband to record deed does not defeat
dower in favor of bona ftde purchaser. — Sondley v. Caldwell, 28 S. C, 580; 6
S. E., 818; Pickett V. Lyles, s S. C, 27s. Dower barred by sale of land under
mortgage for purchase money.— Eraser v. Center, i McC. Ch., 270; Crofts v
Crofts, 2 McC, S4; Brown v. Duncan, 4 McC, 346; Seibert v. Todd, 31 S. C.
206; 9 S. E., 822; Lavender v. Daniel, s8 S. C, 125; 36 S. E., 546. Where re
nounced on mortgage and land is sold thereunder during lifetime of husband
and surplus turned over to him, dower is lost. — Genobles v. West, 23 S. C, iS4'
But where sale is after death of husband, widow entitled to dower in surplus
— Klinck V. Kleckley, 2 Hill Ch., 2So; Keith v. Trapier, Bail. Eq., 63; Davidson
v. Graves, Bail. Eq., 268; Stoppelbein v. Shulte, i Hill, 290; Wilson v. McConnel,
9 Rich. Eq., soo; Hennegen v. Harllee, 10 Rich. Eq., 28s. Widow owning part
of mortgage is entitled to dower in lands covered by it:— Heath v. Blake, 28
S. C, 406; s S. E., 842. Dower merges in wife's fee simple title. — Youmans v.
Wagner, 30 S. C, 302; 9 S. E., 106. But not in title to trustee for wife. — Davis
V. Townsend, 32 S; C, 112; 10 S. E., 837. Tax sale does not bar dower. — Shell
V. Duncan, 31 S. C, 547; 10 S. E., 330. Cannot be divested of right by will. —
Banister v. Banister, 37 S. C, 529; 16 S. E., 612. Nor by sale under proceedings
against husband in bankruptcy. — Speak v. Kinard, 4 S. C, 54. Where a sale
in foreclosure was made subject to the widow's right of dower, she is not obliged
to take her dower out of the surplus proceeds. — Hill v. Gray, 45 S. C, 91; 22
S. E., 802.
9i6 CIVIL CODE
A. D. 1902.
^ ■^ V '^ ' Estates subject to dower; lands taken by devisee. — Millege v. Lamar, 4 DeS.,
617; Scott V. Cohen, 2 N. & McC, 293. Determinable estate. — Peay v. Peay, 2
Rich. Eq., 409. Lands held in trust. — Davidson v. Graves, Bail. Eq., 268; McNish
V. Pope, 8 Rich. Eq., 112; Brown v. Cave, 23 S. C, 251. Lands mortgaged to
secure purchase money. — Frazier v. Center, i McC. Eq., 270; Bogie v. Rutland,
I Bay, 312; Pledger v. Ellerbe, 6 Rich. L., 266; Calmes v. McCracken, 8 S. C, 87;
Jeffries v. Fort, 43 S. C, 48; 20 S. E., 755.
suf ""summons Scc. 2400. Immediately thereupon the Judge of the Probate
upon °whom^to Court shall cause a summons to be issued and directed to the
be served, &c. ^^-^^ ^^ j^^ ^£ ^j^^ deceased, or to his or her guardian if he or
R.^'s^' 1916; she shall be an infant, and if there be no guardian then to the
1786, IV., 742, gxecutor or administrator of the deceased, or to any other
person or persons who may be in the possession of any of the
said lands, commanding him, her or them to appear at the Pro-
bate Court to be held in the County where the lands are situated
that shall be held ten days after the service of the summons
above mentioned, and show cause why the prayer of the petition
should not be granted.
Jurisdiction of Court. — Stewart v. Blease, 4 S. C, 37; Tibbetts v. Langley
Mfg. Co., 12 S. C, 467; Witte v. Clark, 17 S. C, 313.
Summons, not writ, no seal or test necessary. — Ellis v. Falconer, i Brev., 77.
Issued to executor or administrator. — McDowall v. McDowall, Bail. Eq., 324. Or
to one in possession. — Plantt v. Payne, 2 Bail., 319. Or to tenant for life or in
fee. — Kennedy v. McAliley, 9 Rich., 395.
As cause for defense, Statute of Limitations may be pleaded. — Lide v. Rey-
nolds, I Brev., 76; Ramsay v. Dozier, 3 Brev., 246; Mitchell v. Poyas, i N. &
McC, 85; Rickard v. Talbird, Rice Eq., 158; Wilson v. McLenaghan, McM. Eq.,
35; Caston V. Caston, 2 Rich. Eq., i. Adverse possession. — Hill v. Gray, 45
S. C, 91; 22 S. E., 802.
Deeds not necessary to prove seizin. — Smith v. Paysinger, 2 Mill, 59. Proof
of husband's possession during coverture prima facie sufficient. — Forrest v. Tram-
mell, I Bail., 77; Pledger v. Ellerbe, 6 Rich., 266; Stark v. Hopson, 22 S. C, 42;
Stark V. Watson, 24 S. C, 215; ih., 30 S. C, 370; Morgan v. Smith, 25 S. C,
337; Reid V. Stevenson, 3 Rich., 66. Evidence from sale under execution against
him. — Steen v. Fowler, 59 S. C, 220; 37 S. E., 829. Evidence as to marriage. —
Chapman v. Cooper, 5 Rich., 452. Or of grantee of husband, under whom de-
fendant holds. — Plantt v. Payne, 2 Bail., 319; Gayle v. Price, 5 Rich., 525. Grantee
of husband may show that husband's estate was not a dowable estate. — Secrest v.
McKenna, Rich. Eq., 72; Whitmire v. Wright, 22 S. C, 446; Brown v. Cave, 23
S. C, 251. Defendant not estopped from denying seizin when he never had
deed from husband. — Morgan v. Smith, 25 S. C, 337. But is, where he derived
title through him. — Pledger v. Ellerbe, 6 Rich., 266; Plantt v. Payne, 2 Bail., 319;
Pyles V. Reeves, 4 Rich., 559; Gayle v. Price, 5 Rich., 525; Lyies v. Pickett, s
S. C, 27s; Horde v. Landrum, s S. C, 213.
Parties defendant — warrantor of grantee in possession of the lands is not a
necessary party. — Robertson v. Curlee, 59 S. C, 454; 38 S. E., 116. He may be
vouched and defend without being made a party defendant. — Ih.; Goodwyn v.
Taylor, 2 Brev., 171; Davis v. Wilbourne, i Hill, 27; Middleton v. Thompson, i
Speer, 67; Wilson v. McElwee, i Strob., 65; Buckels v. Mouzon, lb., 448. All
parties in possession of any portion of the land may be united as defendants
in the same action. — Bostick v. Barnes, 59 S. C, 22; 37 S. E., 24; or not, at option
of the demandants. — Shelton v. Shelton, 20 S. C, 560. Petition need not show
the deforcement of demandant, or the possession by defendant. — Foxworth v.
White, s Strob., 113. Answer pleading adverse possession. — Mitchell v. Poyas,
I N. & McC, 85. Right to recover damages. — Heyward v. Cuthbert, i McC, 386.
Sec. 2401. On the return of the summons, if the heir at law,
OF SOUTH CAROLINA.
or his or her guardian, (if he or she be an infant,) or any other
person or persons who may be in possession of the said lands, ,^giJ^J^^«=^^^^
shall appear, and shall not show sufficient cause against the t° ^^| peSons
petition, then the said Court shall cause a writ for admeasure- ^ower'^^^c "m^
ment of dower to be issued and directed to five persons, two^^^s^sio.ne^rs,
of whom shall be nominated by each of the said parties, and to [eturn ^la^
a fifth by the Court, commanding them, or a majority of them, certificate o f
•' ' ^ •'•' manneric.
within one month thereafter, (being first duly sworn for that winch admeas-
^ '-' "^ urement was
purpose,) fairly, justly, and impartially, according to the best made; certin-
of their judgment, to admeasure and mete out to the said pe- corded and to
• ° .be final and
titioner, and put her in full and peaceable possession of one- conclusive on
'■ 111111^'' parties con-
third part of all the lands of her deceased husband ; and when earned.
they haye so done, they, or a majority of them, shall imme- g. s. 2235;
diately return a general plat of the said lands, with a certificate iz'se, iv., 742',
thereon in writing, under their hands and seals, describing the
manner in which they haye made the admeasurement aforesaid,
into the office of the said Court, there to be recorded, and the
same shall be final and conclusiye on all parties concerned
therein.
Defendant must show cause at return of summons against writ. — Gist v.
Tongue, i N. & McC, no. Writ of admeasurement should direct assignment
of dower or assessment in lieu of it. — Gibson v. Marshall, 5 Rich. Eq., 254.
Otherwise invalid. — Jefferies v. Allen, 33 S. C, 268; 11 S. E., 764. Return con-
clus've where no malpractice or error in principle. — Lesesne v. Russel, i Bay,
459; Gibson v. Marshall, 6 Rich. Eq., 210; Stewart v. Blease, s S. C, 433; Erwin
v. Brooks, 19 S. C, 46. Error to assign one part as dower in all lands of de-
ceased.— Scott v. Scott, I Bay, 504; Witherspoon v. Watt, 18 S. C, 396. Error
to assign more than law allows. — Hawkins v. Hall, 2 Bay, 449. Want of notice
to defendant no ground to set return aside. — Beaty v. Hearst, i McM., 31. Nor
is affidavit of two of the five Commissioners. — Ih. Three Commissioners who met
without notice to the others can make return. — Erwin v. Brooks, 19 S. C, 102.
Court has control of return and can correct error in law.— Lesesne v. Russel,
I Bay, 459; Heyward v. Cuthbert, 3 Brev., 482; Payne v. Payne, Dud. Eq., 124;
Gibson v. Marshall, 5 Rich. Eq., .^54. Objection to return must be made by ex-
ception.— Mellichamp v. Seabrook, 2 S. C, 366.
e r s o n
earing
_ e t i-
fuses to
Sec. 2402. If the person who shall be served with the said^i^^P
summons shall appear on day named therein, and, not show- ^g^J'^st^J'^
ins: sufficient cause against the petition, shall refuse to nomi- nominate Com-
& o jr ' missioners, tne
nate two persons in the manner and for the purposes above Court shall ap-
directed, then the Court shall appoint them in behalf of such stead.
hdr, or other person in possession of the said land, and they, ^ g. ^s. 2286;
together with those nominated by the petitioner, shall make -?&•. 743, § 3.
such allotment and admeasurement as before required; and
the said Commissioners, so appointed, or a majority of them,
having made due return thereof, the same shall be as effectual
and binding on all parties as if done in the manner first above
prescribed.
9i8 CIVIL CODE
A. D. 1902.
^^— ^^'^~^ Sec. 2403. The persons who shall be appointed to make such
^^ps^s^e^^°^ admeasurement of dower, or a majority of them, may, if they
«i?"t t°, .^e shall think necessary, call in to their aid one or more sur-
paid by claim- ■'
ant; surveyor, yeyors to run the liucs of the said lands, and also the division
G. S. 2287; lines thereof; and the expenses that may be incurred in making
ih., § 4. ' such admeasurement of dower, as aforesaid, shall be paid by the
person or persons who claim the property, or are in possession
of the said lands.
Harshaw v. Davis, i Strob., 74.
Commission- ggg^ 2404. The said Commissioners, or a majority of them,
ers to have re- '_ ^ J '
gaj-d to ^^reai shall havc powcr, and they are authorized and required, in the
if.it cannot be admeasurement aforesaid, to have relation and regard to the
fairly divided, _ _ ^
to assess a sum ^j-^g and real value of the lands in question; and where the
of money m _ _ _ ^ '
lieu of dovyer. samq cannot, in the opinion "of a majority of them, be fairly
G. s. 2288; and equally divided, without manifest disadvantage, then they,
ih., 742, § 2. or a majority of them, as aforesaid, shall assess a sum of money
to be paid to the widow in lieu of her dower by the heir at
law, or such other person or persons who may be in possession
of the said land.
Where the widow has consented to an order for the sale of the land, the amount
realized at the sale is the measure of value. — Lanier v.. Griffin, 11 S. C., 565.
Should certify that land cannot be so divided. — Heyvvard v. Cuthbert, 3 Brev.,
482; Wright V. Jennings, i Bail., 2-jy. Otherwise must assign in land. — Brown v.
Duncan, 4 McC, 346. If assigned in land, demandant entitled to third of rents
and profits from defendant for time he has been in possession. — Rickard v. Tal-
bird. Rice Eq., 158; Keith v. Trapier, Bail. Eq., 64; Mey v. Mey, Rich. Eq. Ca.,
378; Gordon v. Stevens, 2 Hill. Ch., 429; Woodward v. Woodward, 2 Rich. Eq.,
23; Henagan v. Harllee, 10 Rich. Eq., 285; Clarke v. Tompkins, i S. C, 119;
Stewart v. Pearson, 4 S. C, 4; Phinney v. Johnson, 15 S. C, 158. Return must
show appraise value of land as well as assessment. — Wright v. Jennings, i Bail.,
2^7 ; McCreery v. Cloud, 2 Bail., 343. One-sixth of appraise value of lands proper
assessment for dower.- — Wright v. Jennings, 1 Bail., 277; Payne v. Payne, Dud.
Eq., 124; Stewart v. Blease, 4 S. C, 37; Jeffries v. Allen, 34 S. C, 189; 13 S.
E., 365. One-third value of fee simple excessive. — Heyward v. Cuthbert, 3 Brev.,
482. Court may correct assessment. — Payne v. Payne, Dud. Eq., 124. How
dower assessed in surplus after encumbrances. — Keith v. Trapier, Bail. Eq., 63;
Davidson v. Graves, Bail. Eq., 268; Stoppelbein v. Sliulte, i Hill, 200.
Value of Sec. 2405. On all assessments of dower against a purchaser,
dower, how as- . r 1 1 j
s e s s e d; im- m behalf of a Widow of a former owner, the value of the land
at the time of alienation by the husband, with interest from
G. S. 2289; -^ .
R. s. 1921; the accrual of the right of dower, shall be taken and received
1824 VI 23 ^-^ ,
§ 3; 18 2 si by the Courts of this State as the true value on which to assess
'the said dower: Provided, That in all cases, whether the alien-
ation be prior or subsequent to the death of husband, the value
of the land, without reference to improvements put on it, shall
be taken and received as the true value on which to assess the
said dower.
The provisions of this Section as to interest relate only to cases where the land
has been aliened during coverture. — McCreary v. Cloud, 2 Bailey, 343.
OF SOUTH CAROLINA. 919
A. D. 1902.
Value at time of alienation, not improved value. — Russel v. Gee, 2 Mill, 254; "" v
Brown v. Duncan, 4 McC, 346. But where lands were sold under judgment
against administratrix and improved, widow entitled to dower in them as im-
proved.— Phirmey v. Johnson, 15 S. C, 158. Return must show appraised value of
land as well as assessment. — Wright v. Jennings, i Bail., 2T]; McCreary v. Cloud,
2 Bail., 343. Price at Sheriff's sale during coverture not fixed value. — Alexander
v. Hamilton, 12 S. C, 39. One-sixth of appraised value of lands proper assess-
ment for dower. — Wright v. Jennings, i Bail., 277; Payne v. Payne, Dud. Eq., 124;
Douglass V. McDill, i Speer, 139; Stewart v. Blease, 4 S. C, 37. Sum assessed no
specific lien on land. — Williamson v. Gasque, 24 S. C., 100. But it is a fixed judg-
ment.— Ih.; Asbill v. Asbill, 24 S. €., 355.
Error to give judgment for rent during the detention from widow before the re-
turn from the Commissioners. — Pruitt v. Pruitt, 57 S. C, 155; 35 S. E., 485.
Sec. 2406. On all assessments of dower in lands of which How assessed
when husband
the husband died siezed, the value of the lands a^ the time of died seized.
the death of the husband, with interest from the accrual of the, R- %^}^}^''
right of dower, shall be taken and received by the Courts of this ^ss.
State as the true value on which to assess said dower.
Section construed and applied. — Jeffries v. Allen, 34 S. C, 189. Where prior to
this Section widow consented to sale under the decree, the price was taken as the
value on which her dower was assessed. — Lanier v. Griffin, 11 S. C, 588. But as to
such sale since. — Jeffries v. Allen, 34 S. C, 189; 13 S. E., 365. Widow taking
dower in place of legacy, the assessment must be paid by the devisees of the land. — -
Witherspoon v. Watts, 18 S. C, 396.
Where the dower cannot be alloted in kind, and the land is sold, the measure of
dower is one-third of the surplus proceeds of sale, after payment of the incum-
brances and expenses, for life, or one-sixth absolutely. — Geiger v. Geiger, 57 S. C,
521; 35 S. E., 1032.
Sec. 2407. The appointment of Commissioners and the for ^aiiotoent
issuing of the writ and other proceedings in relation to the circuit court
allotment and admeasurement of dower in the Circuit Courts regulations of
shall be made to conform as nearly as may be to the law regu- _ i! — ^^ce^_
lating the allotment of dower in the Probate Court, as pre- isse,' x i x.l
scribed in this Article.
CHAPTER LXIV.
Estate for Life and for Years; Landlord and Tenant; Joint
Tenants and Tenants in Common; Betterments; Miscel-
laneous Provisions Concerning Real Estate.
Article i. Estates for Life and for Years.
Article 2. Landlord and Tenant.
Article 3. Joint Tenants and Tenants in Common.
Article 4. Betterments.
Article 5. Miscellaneous Provisions Concerning Real Estate.
CIVIL CODE
ARTICLE I.
Estates for Life and for Years.
Sec.
2408. How rent recovered if tenant
for life die before it is pay-
able.
2409. Amount recoverable ; appor-
tionment, &c.
2410. Under-tenants to have pos-
session until crop finished.
Sec.
2411. Tenants holding over three
months after lease deter-
mined and demand of pos-
session, liable to pay double
value of use.
2412. Warranty by tenant for life
void ; collateral warranties
void against heir.
2413. Attornments to strangers by
tenants void.
How rent Scctioii 2408. Where any tenant for life shall happen to die
tenant^for life before or on the day on which any rent was reserved or made
die before it ii i • i <• i i ; ,
is payable. payable Upon any demise or lease of any lands, tenements, or
G. S. 1805; hereditaments, which determined on the death of such tenant
11 G. 2, c.'i9; for life, the executors or administrators of such tenant for life
.,0 , § lo. g]-^^]j g^j^(j j^^y recover of and from such under-tenant or under-
tenants of such lands, tenements, or hereditaments, the rent
thereof as prescribed in the next Section.
Proportion Scc. 2409. If such tenant for life die on the day on which the
rent was made payable, the whole, or if before such day, then
to be paid.
G. S. 1806;
s. 1925; a proportion of such rent, according to the time such tenant
for life lived of the last year or quarter of a year, or other time
in which the said rent was growing due as aforesaid, making
all just allowances, or a reasonable part thereof respectively.
Sec. 2410. If any person shall rent or hire lands of a tenant
possession un-^OT life, and such tenant for life dies, the person hiring such
cured.°^ *^ ^^' land shall not be dispossessed until the crop of that year is
G. s. 1807; finished, he or she securing the payment of the rent when due.
This security must be given to the remainderman for the proportion that arises
after death of tenant for life. — Freeman v. Tompkins, i Strob. Eq., 53.
Penalty on Scc. 2411. All tenants, whether for life or years, by suffer-
tinuing in pos- ancc or at will, or persons coming in under or by collusion with
months after them, who shall hoM over after the legal determination of their
sessfon. ° ^°^ estates, after demand made in writing for delivering possession
G. s. 1808; thereof by the person having the reversion or remainder therein,
R S 1927 ■ •
1808, v., 565! o^ his agent, such tenant or other person holding over for the
Under-ten-
ants to have
R. S. 1926;
1789, v.. Ill,
§ 23.
§ 3.
space of three months after such demand shall forfeit double
the value of the use of the premises, recoverable by action.
Not unconstitutional. — Talvande v. Cripps, 3 McC, 147. Where landlord re-
covers this forfeiture he cannot sue for damages for holding over. — Cripps v.
Talvande, 4 McC, 20. Liability for this forfeiture begins from demand and not
from expiration of three months. — Reeves v. McKenzie, i Bail., 497. Tenant under
OF SOUTH CAROLINA.
agreement with husband or life tenant holding over after her death is, as to re-
maindermen, a trespasser. — Williams v. Caston, i Strob., 130.
Termination of tenancy from year to year. — Wilson v. Rodman, 30 S. C, 210; 8
S. E., i; McFall v. McFall, 35 S. C, 559; 14 S. E., 985.
Sec. 2412. All warranties which shall be made by any tenant tenan"for^iife
for life of any lands, tenements, or hereditaments, the same^Vr ran ties
descending or coming to any person in reversion or remainder, L'ir. ^^^'"^
shall be void and of none effect. g. s. isoq
All collateral warranties which shall be made of any lands, 4 'Ann', c. le
tenements, or hereditaments, by any ancestor who has no estate §^21'. " * '
of inheritance in possession in the same, shall be void against
his heir.
Conveyance in fee by tenant for years disavows his tenancy, and landlord may
recover the possession. — Trustee v. Jennings, 40 S. C, 169; 18 S. E., 257.
Sec. 2413. To prevent the difficulty and expense to which t o'^"st?a*^gerl
landlord or landlords, lessor or lessors, may be put by the f rau- ^^J^ " ^ " '^ ^
dulent practice of tenants in attorning to strangers who claim g. s. isio
title to the estates of their respective landlord or landlords, f{ q\ ^^l
lessor or lessors (whereby the possession of estates in lands, ^^' ^^^' ^ ^^
tenements, and hereditaments, is rendered very precarious, and
such landlord or landlords, lessor or lessors, are by that means
turned out of possession of their respective estates,) all and.
every such attornment and attornments of any tenant or tenants
of any lands, tenements, or hereditaments, shall be deemed and
taken to be absolutely null and void, to all intents and purposes
whatsoever; and the possession of their respective landlord or
landlords, lessor or lessors, shall not be deemed or construed
to be anywise changed, altered, or affected by any such attorn-
ment or attornments : Provided, That nothing herein contained
shall extend to vacate or affect any attornment made pursuant
to, and in consequence of, some judgment, decree, or order of
Court, or made with the privity and consent of the landlord or
landlords, lessor or lessors.
Attornment to stranger. — Hill v. Williams, 41 S. C, 134; 19 S. E., 290.
Tenant under trespasser could with his consent attorn to true owner.— -Moore
V. Johnson, 2 Speer., 288.
Estoppel to deny landlord's title. — Harvey v. Harvey, 26 S. C, 608; 2 S. E., 3.
CIVIL CODE
ARTICLE II.
Landlord and Tenant.
Sec.
2414
Lease for more than one year
to be recorded, &c.
2415. When and how lease shall
terminate.
2416. Parol lease not valid for
more than one year from
entry.
2417. Action for use and occupa-
tion, when it lies ; evidence
in.
2418. Lanlord's remedy where ten-
ant deserts premises ; pro-
ceedings by Magistrates.
2419. The same ; when Magistrates
may put landlord in pos-
session, &c.
2420. The same ; appeal by tenant
to Court of Common Pleas ;
proceedings thereon.
2421. Landlord's remedy where
tenant holds over ; pro-
ceedings before two Magis-
trates.
2422. Proceedings for ejectment of
tenant at will, domestic
servants, &c.
2423. Tenants of houses and tene-
ments, holding over or fail-
ing to pay rent, how dis-
possessed ; proceedings ;
fees, &c.
Sec.
2424. Penalty on tenant failing to
deliver possession after giv-
ing notice of intention to
quit, &c.
2425. Tenant making alterations,
&c., without leave forfeits
residue of term ; forfeiture,
how to be ascertained, &c.
2426. Effect of payment of rent to
grantor.
2427. Before removal of tenant's
goods taken under execu-
tion, rent due must be paid
to landlord ; proviso.
2428. Lessor may distrain goods
fraudulently removed, when.
2429. Goods, &c., previously sold
not subject to seizure ; only
property of the tenant in
his own right can be seized.
2430. Distress subject to prior
liens.
2431. Rent in arrears may be dis-
trained for after expiration
of lease ; proviso.
2432. Removal from leased premi-
ses before termination of
lease gives right to dis-
train.
2433. Action for rent due on demise
for life.
2434. Distress must be reasonable.
2435. How goods distrained may be
replevied.
mo^e^tliln one Scctioii 2414. All Icascs or contracts in writing, hereafter to
M?ded°in'^forty ^^ made between landlord and tenant, for a longer term than
days.
. twelve months, shall not be valid in law, against the rights and
shall have been
R ^' s^' 1930- claims of third persons, unless the same
1876, XVI., 92. recorded in the office of the Register of Mesne Conveyances
within forty days from the time of execution thereof, nor shall
any payment made in anticipation of rent, for a longer period
than twelve months, be considered a valid discount against the
claims and rights of third persons.
Enforced as to recording. — City Council v. Page, Speer Eq., 159. Sufficient
notice may supply want of registry. — Ih. Where mortgage provides that after sale
and conveyance, under power therein, the mortgagor shall be tenant of the pur-
chaser, at stipulated rent, the relation of landlord and tenant is established. —
Swygert v. Goodwin, 32 S. C.,146; Brewster v. McNab, 36 S. C, 274; 15 S. E.,
223. When contract with laborer is not a lease. — McCutchen v. Crenshaw, 40 S.
C, 511; 19 S. E., 140.
OF SOUTH CAROLINA. 923
A. D. 1902.
G
. S.
1812:
R.
s.
1932;
lb..
§ 3.
Sec. 2415. Every lease or written agreement hereafter to be """""v '
entered into, for the renting and leasing of lands and tenements, how^iea^s" shall
shall absolutely and unequivocally end and determine at the terminate.
period therein stated, without it being obligatory on the tenant ^ ^- g^- \^^:
or the landlord to give the notice required by law. 1^2''' ^^•' ^'^•
Sec. 2416. No parol lease shall give a tenant a right of pos-
session for a longer term than twelve months from the time of vai°(i^fo°^^ore
entering on the premises ; and all such leases shall be under- than one year.
stood to be for one year, unless it be stipulated to be for a
shorter term.
From the Statutes and the decisions interpreting them the following principles
may be deduced: (i) A parol lease gives a tenant a right of possession for a terra
of twelve months from the time of entering on the premises. If the lease is for a
term less than 12 months, of course, the tenant would only be entitled to hold
possession for the time stipulated after entering into possession of the premises.
(2) A parol lease undertaking to give a tenant a right of possession for a longer
term than twelve months is within the Statute of frauds. Nevertheless, if the ten-
ant is permitted to enter on the premises by virtue of such agreement, he shall
have a right of possession for 12 months from the time of such entry, but no
longer. (3) A parol lease under which the tenant enters upon the premises shall,
after the term of 12 months from the time of entering on the premises, have the
effect of an estate at will only. (4) If a landlord refuses to permit a tenant to
enter on the premises under a parol lease, no action shall be brought to charge
him upon such contract, even if the lease is not for a term exceeding 12 months." —
Hillhouse v. Jennings, 60 S. C, 392; 38 S. E., 599.
Such parol leases have been held valid for certain purposes in above case of
Hillhouse v. Jennings, and also in Davis v. Pollock, 36 S. C, 544; 15 S. E., 718;
Godard's Exors. v. R. R., 2 Rich. Law., 349; McDonald v. Elfe, i N. & McC., 501;
Clark v. Bynum, 3 McC, 298. But it does not give right to possession against
landlord or any person claiming under him after the first year.— State v. Mays,
24 S. C, 195-
Sec. 2417. It shall and mav be lawful to and for any landlord Rents, how
-^ recovered
or landlords, where the agreement is not by deed, to recover where demises
' ° -^ ' ^ are by deeds.
a reasonable satisfaction for the lands, tenements, or heredita- — - — z — — —
ments held or occupied by a tenant or tenants, in an action for R- s. 1933;
^ 11 (j. -^, c. ly;
the use and occupation of what was so held or enjoyed ; and if, H-, 576, § u.
in evidence on the trial of such action, any parol demise, or any
agreement (not being by deed) whereon a certain rent was
reserved, shall appear, the plaintiff in such action shall not
therefor be non-suited, but may make use thereof as an evidence
of the amount of the damages to be recovered.
Plafntiff need show no further title than that defendant holds under lease from
him. — Moorehead v. Barrett, Chev., 99. But defendant may show title in another,
if lessor declared he would not claim rent if title was in another. — Woods v. Cham-
bers, 3 Rich., 150. It is good defense to such action that the defendant has been
deprived of the beneficial enjoyment of the premises. — Coogen v. Parker, 2 S. C,
255-
Generally. — Smith v. City of Charleston, i Bay, 443; Dorrill v. Stephens, 4 McC,
59; Fronty v. Wood, 2 Hill, 367; Garlington v. Copeland, 32 S. C, 57; 10 S. E.,
616.
Sec. 2418. If any tenant holding any lands, tenements, or
hereditaments, or where the rent reserved shall be full three-
CIVIL CODE
fourths of the yearly value of the demised premises, who shall
i^'^nTro^r d°s ^^ '^^ arrear for one year's rent, shall desert the demised prem-
tenants
premi-
desert *premi- ^^^^' ^^^ Icavc the Same Uncultivated or unoccupied, it shall
and may be lawful to and for two or more Magistrates of the
ses.
R.*^'s^' 1934- ^°^"^y' (having no interest in the demised premises,) at the
ii ^577 *§ 16' request of the lessor or landlord, or his, her, or their bailiff or
receiver, to go upon and view the same, and to affix, or cause
to be affixed, on the most notorious part of the premises, notice
in writing, what day (at the distance of fourteen days at least)
they will return to take a second view thereof.
Tenant justified in quitting when landlord's title has been sold under execution
by the Sheriff. — Holmes v. McMaster, i Rich. Eq., 340.
teninffor'^non^- Scc. 2419. If, upou such second view, the tenant, or some
rearT^of renT pcrson on his or her behalf, shall not appear and pay the rent in
Q s. 1815; arrear, then the said Magistrj.tes may put the landlord or land-
/{,■. "^'^^^' lords, lessor or lessors, into the possession of the said demised
premises ; and the lease thereof to such tenant, as to any demise
therein contained only, shall from thenceforth become void.
apJeT''' ""^^ Sec. 2420. Such proceedings of the said Magistrates shall b^
Q s_ igj^g. examinable in a summary way by the Courts of Common Pleas
fb., i'n.^^^^^' '^^ the respective Counties in which such lands or premises lie,
which Courts are empowered to order restitution to be made to
such tenant, together with his or her expenses and costs, to be
paid by the lessor or landlord, if they shall see cause for the
same; and, in case they shall affirm the act of the said Alagis-
trates to award costs, not exceeding twenty-five dollars, for the
frivolous appeal,
in^writing'^^o? Sec. 2421. On the determination of any lease, in writing or
mg^ovel ^m^y ^7 parol, of any lands and tenements within this State when the
be removed, lesscc shall hold ovcr thereafter, any two Magistrates in the
R.^'s^' 1937- County where the same may be situated, are authorized and re-
§^1^' Tsii vi' quired, on the complaint and due proof thereof by any lessor,
31' §^23^' x^" ^^^ heirs or assigns, to place the names of twenty-four neighbor-
525. ing persons, qualified by law to serve as jurors, in a box, and
from them draw the names of eighteen, and shall thereupon is-
sue their warrant, in the nature of a summons, directed to the
Sheriff or any Constable of the County, commanding such offi-
cer to summon the said eighteen persons to attend at a certain
place, without four days, and at a place appointed ; and from the
said eighteen qualified jurors so summoned, twelve shall be
drawn in the same manner, who shall be empanelled to try the
facts : Provided, That if, from the said eighteen so summoned,
OF SOUTH CAROLINA.
the number of twelve cannot, from any cause, be had, the Mag-
istrates are authorized to complete the number from the remain-
der originally selected. And the said Magistrate shall also
summon the said lessee, or any other person claiming or coming
into possession under him, at the same time, and in the same
way, likewise to appear before them to show cause, if any such
lessee or other person may have, why possession of the premises
should not be forthwith restored to such lessor, his heirs or
assigns ; and if, upon hearing the case, the jury shall be satisfied
that the complainant is entitled to the possession of the premises
in question, they shall so find; whereof the Magistrates shall
make a record, and shall thereupon issue their warrant, directed
to the Sheriff of the County wherein the lands are situated,
commanding him forthwith to deliver to such lessor, his heirs
or assigns, full possession of the premises, and to levy all ex-
penses incurred, of the goods and chattels of the lessee, or the
person in possession as aforesaid.
No previous demand for possession is required. — Kellar v. Pagan, 54 S. C, 255;
32 S. E., 355.
No notice to quit necessary, as originally required by Act 181 2. — Davis v. Carew,
I Rich., 275. The jurisdiction under this Section is exclusive and final. — Leonard
V. McCool, 3 Strob. Eq., 44; Moultrie v. Dixon, 26 S. C, 296; 2 S. E., 24. But
Superior Court may, under proper proceeding, decide whether the inferior tribu-
nal had jurisdiction. — Fallin v. Coogan, 12 Rich., 44. Landlord has no right to take
the law into his own hands and eject such tenant without legal process. — Sharp v.
Kinsman, 18 S. C, 108. Lease may be determined by agreement of forfeiture for
non-payment of rent. — Fallin v. Coogan, 12 Rich., 44. The Acts of 1808 and 181 7
have not altered the common rule of three months' notice to quit in tenancy
from year to year. — Godard v. R. R. Co., 2 Rich., 346. The summons must show
upon its face the allegations necessary to give this jurisdiction. — State v. Latimer,
26 S. C, 208; 2 S. E., I. Party in possesion declining to lease from purchaser of
the lands or to surrender possession. Magistrates have no jurisdiction hereunder to
eject him. — lb. Sheriff bound to obey the warrant. — State v. Black, 34 S. C, 194;
13 S. E., 361-
Sec. 2422. When any person or persons have gone, or shall ^^J^^^ment^_of
hereafter go, into possession of any land or tenement of another, ^°™*^^|^ ^^'■^"
either as a tenant at will, or under a contract to serve another, —^—^-^^
either as a domestic servant or common laborer, or otherwise, R^g s^ ^^^Y'
and shall refuse or neglect to quit the premises so occupied, 4i6,'§ i.
when required by the person letting the same, or upon the ter-
mination of the contract, either by its own limitation or from
any other cause, it shall be lawful for the person letting the
premises to apply to any Magistrate, whose duty it shall be to
have a notice served upon the person or persons so refusing to
quit, to show cause before him, at the expiration of ten days
from the personal service of such notice, why he should not be
ejected ; and if no sufiicient cause be then shown, it shall be the
CIVIL CODE
duty of the Magistrate forthwith to issue his warrant, directed
to the Sheriff or any Constable, requiring him, without delay,
to eject such person or persons from the premises so let, and
authorizing him to use such force as may be necessary.
Magistrate has jurisdiction to determine whether as a fact tlie relations of land-
lord and tenant exists; and if so, whether of the character required; and his con-
clusion, though erroneous, is no ground for prohibition by Superior Court. — State
V. Fickling, lo S. C, 301; Morris v. Palmer, 44 S. C, 562; 22 S. E., 726. But
such interference will be made when it appears that the issue was not within
jurisdiction of Magistrate. — Baldwin v. Cooley, i S. C, 256; State v. Fickling, 10
S. C, 301. Findings of fact by Magistrate are final and cannot be reviewed under
any process. — State v. Fort, 24 S. C, 510. But where the character of the tenancy
depends upon a written instrument and the Magistrate construes it as not creating
a tenancy at will, the Superior Court, upon contrary construction, will, upon pro-
per proceedings, restrain his order. — lb. Where tenant leases land for a year, but
continues possession for two years longer, it is not tenancy at will, and Magistrate
has no jurisdiction. — lb. Where sub-tenant enters under promise of landlord to
execute a new lease, which he afterwards refuses to do, he does not become a ten-
ant at will under this Section. — Morris v. Palmer, 44 S. C, 462; 22 S. E., 726.
Jurisdictional facts must appear upon the face of the notice. — State v. Latimer, 26
S. C, 208; 2 S. E., i; Carlisle v. Prior, 48 S. C, 183; 26 S. E., 244; Baldwin v.
Cooley, I S. C, 256. Appeal under this Section. — Moultrie v. Dixon, 26 S. C,
296; 2 S. E., 24.
hoidin" ^ ove? Scc. 2423. In all cases where tenants hold over after the ex-
pay rlnt!"^ *° piration of their lease or contract for rent, whether the same be
Q 3 igig. in writing or by parol, or shall fail to pay the rent when the
1^8 7 s'x V l! same shall become due, the landlord is hereby authorized and
f 2'3-^^*i^^'''s' empowered, either in person or by agent, to demand possession
1901^ ^ xxm '^^^^^^^ from the tenant or person in possession thereof; and in
■^26. case of refusal or resistance, it shall be lawful for the person so
letting said premises, houses or tenements, his agent or attorney,
to apply to a Magistrate, whose duty it shall be to have a notice
served upon the person or persons so refusing to be disposses-
sed to show cause before him, if any he can, within three days
from the date of said personal service, of such notice, why he
should not be dispossessed ; and if he fails to show
sufficient cause, it shall be the duty of the Magis-
trate forthwith to issue his warrant, directed to the Sheriff
of the County or any Constable thereof, requiring him
without delay to dispossess said person or persons from the
premises so let, and authorizing him to use such force as may
be necessary : Provided, That said Magistrate shall receive fifty
cents for issuing said notice and warrant, the Sheriff or Con-
stable a fee of one dollar for executing the same, to be paid by
the party so refusing to be dispossessed, and if said costs cannot
be collected from the tenant, then the same shall be paid by the
landlord, except in case of Constables and Magistrates in Coun-
ties where they receive salaries : Provided, That in case any
OF SOUTH CAROLINA. " 927
A. D. 1902.
tenant is wrongfully dispossessed, he, she or they may have an
action for damages against said landlord: Provided, further,
That either party to the proceeding shall have the right to ap-
peal, which appeal shall stay further proceedings upon the ten-
ant entering into bond with sufficient surety or sureties to pay
the landlord all damages which he may sustain thereby : Pro-
vided, further, That on demand for trial by jury of either party
to the proceedings, trial by jury shall be allowed to decide the
issue of fact arising thereunder.
Demand for possession is a necessary prerequisite to proceeding under this
Statute. — Kellar v. Pagan, 54 S. C, 25s; 32 S. E., 355. As to right of appeal
prior to Act of 1901, see same case.
Is not unconstitutional. — Frazee v. Beattie, 26 S. C, 34S; 2 S. E., 125; Swygert
V. Goodwin, 32 S. C, 146. This proceeding is not an action involving title to land,
but a summary proceeding. — State v. Marshall, 24 S. C, 507; Swygert v. Goodwin,
32 S. C, 146; 10 S. E., 933. Notice to show cause must be personally served in
order to give Magistrate jurisdiction. — State v. Marshall, 24 S. C, 507. What is
such service. — Bradley v. Bell, 34 S. C, 107; 12 S. E., 1071. This Section gives
jurisdiction only when record shows a case under it. — Baldwin v. Cooley, i S. C,
256; State V. Latimer, 26 S. C, 208; 2 S. E., i. What sort of tenancy was created
by the parol contract, and whether rent was due, were questions of fact to be de-
termined by the Magistrate and not reviewable above. — Ih.
The relation of landlord and tenant held established under covenant and power
of sale contained in mortgage. — Brewster v. McNab, 36 S. C, 274; 15 S. E., 233.
Held established by the contract in Rakestraw v. Floyd, 54 S. C, 288; 32 S. E.,
419.
Sec. 2424. In case any tenant shall give notice in writing of Penalty for
. . not delivering
his intention to quit the premises rented by him, and shall not possession in
•^,. .accord ance
accordingly deliver up the possession at the time in such notice with notice of
° ■' r r- i n t e ntion to
contained, the said tenant, his executors or administrators, shall quit^
pay to the landlord double the rent which he otherwise would G. s. 1820;
^ -^ . R. S. 1940;
have been liable to pay : Provided, nevertheless. That nothing 11., 578, § is;
, , ,, , , . , . , I8OS, v., 565,
herein contained shall be construed to give such tenant a right § 4.
to discontinue or determine his tenancy by such notice, in any
other manner than according to the laws of force at the time of
giving the same.
Sec. 2425. It shall not be lawful for any tenant to make alter- Tenant not
,.,,. 1 1, 1 . allowed to
ations or remove buildings erected upon the leased premises, make aitera-
without permission first had in writing, under pain of forfeiting '■
the residue of the unexpired term of said lease or agreement, r. 's. ' i94i;
, • , • , r r • , 1, , • 11 1817, VI., 68,
parol or written ; which said forfeiture shall be ascertained by § 8; 1839, XL,
Magistrate, with the jurors to be drawn in the same manner as *" '
is prescribed by Section 2421, and with like powers where the
landlord is to be placed in possession.
Enforced. — McDonald v. Elfe, i N. & McC, soi; Clark v. Bynum, 3 McC, 298.
Superior Court will not interfere with the Magistrate Court merely for irregularity
in proceeding, if acting within the jurisdiction. — McDonald v. Elfe, i N. & McC,
SOI.
CIVIL CODE
Sec. 2426. No tenant shall be prejudiced or damaged by pay-
p a^y m^ent of "^cnt of any rent to any grantor or conusor, or by breach oi any
rent to gran- condition for non-payment of rent, before notice shall be given
G. s. 1823; to him of such grant by the conusee or grantee.
R. s. 1942. ^QQ 2427. No goods or chattels whatsoever, lying or being
goods!Va^* m ^^ ^^ upon any messuage, lands, or tenements, which are or shall
for^e ""^'removai ^c Icascd for life or lives, term of years, at will or otherwise,
lordVe^nt ^duei shall be liable to be taken by virtue of an exception or any pre-
aniounts'^to no tcucc whatsocvcr, uukss the party at whose suit the said execu-
year^s*^rent.°"^t^o^ ^^ sucd out, shall, before the removal of such goods from off
Q s. 1824; the said premises, by virtue of such execution or extent, pay to
1712, ^ii., ■^547' the landlord of the said premises, or his bailifif, all such sum or
In. ^^''^'•^^^•' sums of money as are or shall be due for rent for the said prem-
ises at the time of the taking of such goods or chattels by virtue
of such execution : Provided, The said arrears of rent do not
amount to more than one year's rent; in case the said
arrears shall exceed one year's rent, the party at whose suit
such execution is sued out, on paying the said landlord or his
bailiff one year's rent, may proceed to execute his judgment;
and the Sheriff or other officer is hereby empowered and re-
quired to levy and pay to the plaintiff as well the money so paid
for rent as the execution money.
Does not extend to case where rent is not due and goods are not subject to dis-
tress for rent in arrears. — Watson v. Hudson, 3 Brev., 60; Ayres v. DePras, 2
Speer, 367; In Re Connor, 12 Rich., 349; Dawson v. Dewan, 12 S. C, 499. Only
personal chattels are meant; not chattels real. — Hamilton v. Reedy, 3 McC, 38.
Only a lien for the rent due is given to the landlord; not right to distrain goods
taken in execution. — lb. Notice to Sheriif entitles landlord to demand one year's
rent due or to extent of value of goods. — Margrat v. Swift, 3 McC, 378; In Re
Connor, 12 Rich., 349; Sullivan v. Ellison, 20 S. C, 481. A prior dormant execu-
tion has no preference over distress levied for more than one year's rent. — Blake v.
DeLiesseline, 4 McC, 496. Crops of tenant distrained and taken in possession
by landlord for rent cannot be taken away under seizure by warrant to enforced
agricultural lien. — Brewster v. McNab, 36 S. C, 274; 15 S. E., 233.
Distress for Scc. 2428. In case any lessee for life or lives, term of years,
rent.
— - — ; at will or otherwise, of any messuages, lands or tenements,
G. S. 1825 1 11 i 1
and 1827; R. upou the dcmisc whcrcof any rents are or shall oe reserved
S. 1944 and ^ ■'
194 6; 189 8, or made payable, shall convey or carry off from such de-
1900, xxi.imised premises his goods or chattels, it shall and may be
lawful to and for such lessor or landlord, or any person or per-
sons by him for that purpose lawfully empowered, within the
space of ten days next ensuing such conveying away or carry-
ing off such goods or chattels, as aforesaid, to take and seize
such goods and chattels, wherever the same shall be found, as a
distress for the said arrears of such rent, and the same to sell or
otherwise dispose of, in such manner as if the said goods and
OF SOUTH CAROLINA. 929
A. D. 1902.
chattels had actually been distrained by such lessor or landlord "^ » '
in and upon such demised premises for such arrears of rent, any
law, usage or custom to the contrary in any wise nothwith-
standing.
See Statute 2 Geo. 2, Ch. 19; 2 Coopers Statutes at Large, 572. This remedy is
cumulative to the agricultural lien law. — Sullivan v. Ellison, 20 S. C, 484; Parrott
V. Malpass, 49 S. C, 4; 26 S. E., 884.
No distress will lie except for rent expressly reserved. — Jacks v. Smith, i Bay,
315; Smith v. Sheriff, i Bay, 443; Marshall v. Giles,' 3 Brev., 488; Reeves v. Mc-
Kenzie, i Bail., 497. And not until it is due. — Bailey v. Wright, 3 McC, 484;
O'Farell v. Nance, 2 Hill, 484; Lander v. Ware, i Strob., 15. But it need not be
reserved eo nomine. — Price v. Limehouse, 4 McC., 544. If payable in cotton, it is
rent certain and subject of distress.- — Eraser v. Davie, 5 Rich., 59; Huff v. Latimer,
33 S. C, 255. One tenant in common may distrain for rent due by his co-tenant. —
Luther v. Arnold, 8 Rich., 24. Executor or administrator may not distrain for
rent due at death of landlord. — Bagwell v. Jamison, Chev., 249. Authority of dis-
tress warrant terminates at his death.- — Salvo v. Schmidt, 2 Speer, 512. Lien of dis-
tress on goods replevied is never lost. — Harris v. Clayton, 1 McM., 194. Distress
herein must be levied within five days. — Rogers v. Brown, i Speer, 283. As to law
of distress. — Ex Parte Knobeloch, 26 S. C, 331; 2 S. E., 612. Where note for rent
is given to two and one dies, the survivor has all the remedy given by law for its
collection, no matter who owned the land. — Monday v. Elmore, 27 S. C, 126;
3 S. E., 6s.
Sec. 2429. Nothing herein contained shall extend, or be con- ou^iy°'ioid'^n^it
strued to extend, to empower such lessor or landlord to take or y^g^.^oniy p^rop-
seize any goods or chattels as a distress for arrears of rent tenant'^can be
which shall have been sold bona fide and for a valuable consid- o^'^^s«zur"^in
eration before such seizure made; and no property shall '^^'^^^^l^^'^^^^^.
seized under a distress warrant for such, except such as belongs ^^ °f creditors
' ir '-'or mortgage 01
to the tenant in his own right: Provided, That nothmg hereinso" d^s^a^fter
contained shall interfere with or in any manner abridge the tenancy.
right of such lessor or landlord to take or seize any or all of ^^ G. ^S. is26;
such goods and chattels wherever they may be found as distress 1898,^^^^X111.,
for arrears for rent, when any tenant so in arrears shall make n^.
an assignment for the benefit of his creditors, or when any ten-
ant after the contract of tenancy has been entered into shall
mortgage said goods and chattels.
Mortgagor's interest in personal property after condition broken not subject to
distress. — Trescott v. Smythe, i McC. Ch., 486; Ex Parte Knobeloch, 26 S. C, 331;
2 S. E., 612. Property belonging to another fund on the premises, as well as that
removed, is exempt from such seizure. — Ex Parte Knobeloch, 26 S. C, 331; 2 S. E.,
612. Property on premises in possession of general assignee not subject to dis-
tress as property of assignor. — Bischoff v. Trenholm, 36 S. C, y6; 15 S. E., 346;
Dial Hardware Co. v. Levy, 38 S. C, 265; 17 S. E., J76.
Sec. 2430. In all cases where property distrained for arrears Distress for
f. .,. II- r 11 ..rent subject
or rent is subject to the hen of a mortgage placed upon said to prior Hens
property before the rent contract was entered upon or before '- —
said property was brought upon the rented premises, the land- si. '
lord shall have the right to pay the amount due upon such mort-
59-— C
CIVIL CODE
gage debt, and subject said property to the payment of the same,
as well as to the payment of the amount due for rent,
rea^^ma^'^ lae ^^^' ^431. When tenants pur autre vie and lessees for years
distrained _for qj- ^j- y^{\\ j^qJ^j Qygj- ^-j^g tenements to them demised after the de-
tion of lease, termination of such leases, it shall and may be lawful for any
R ^' s^' 1947- Person or persons having any rent in arrears or due upon any
784^' -^ ^ ^ ^■' lease for life or lives, or for years, or at will, ended or deter-
mined, to distrain for such arrears, after the determination of
the said respective leases, in the same manner as they might
have done if such lease or leases had not been ended or de-
Proviso. termined: Provided, That such distress be made within the
space of six calendar months after the determination of such
lease, and during the continuance of such landlord's title or
interest, and during the possession of the tenant from whom
such arrears became due.
Removal Scc. 2432. Should any tenant for years or lesser period re-
f r o m rented _ -' , ^ _ -^
p r e m ises be- movc f rom any demised premises before the expiration of the
fore contract
expires, gives term for which said premises were demised, leased or rented,
right of land-
lord to dis- then and m such case the rent which would be earned up to the
'- end of the month in which the tenant leaves shall be immediately
1899 XXIII
S2. ' " due and payable, and it shall be lawful for the landlord at
any time within five days after the removal of such tenant to
issue his distress warrant for such an amount as may be due up
to the expiration of the month in which the tenant leaves the
premises.
Action for n r\Ann k 1 •
debt may be Scc. 2433. Any pcrsou or persons having any rent m arrear
rent° on de- or duc up(?n any lease or demise for life or lives, may bring an
mise for life. . . . , , . , ,. . ,
action or actions of debt for such arrears of rent m the same
R. ' s. ' 1916; manner as they might have done in case such rent were due and
1898, XXII., , ° .
784. reserved upon a lease for years.
Distress shall Scc. 2434. Evcry distrcss for rent shall be reasonable and not
damage^°"^f o^r too great, and any lessor or landlord who makes unreasonable
distr^ess.^°"^^^and cxccssivc distress shall be liable for all damages sustained
K by the tenant whose goods are distrained by reason of such ex-
cessive distress. Such damage may be recovered by an action
in any Court of competent jurisdiction.
This restores the provisions of the Statute of Marlebridge, 52 Hen. III., c. 4;
II Cooper Stats, at Large, 418, which were held repealed in Bender v. Ross, 51
S. C, 217; 27 S. E., 627.
sei^eTfor^renl Scc. 2435. When goods and chattels have been distrained for
i^d^ how^'soid ^'^^^^ reserved and due upon any lease or contract whatsoever,
ied""*^ ''^P^^^'and the tenant whose goods have been taken shall not, within
j^ five days after such distress and notice thereof, replevy the same
OF SOUTH CAROLINA.
with sufficient security, to be given according to law, then, in
such case, the person making the distress shall cause the goods
distrained to be appraised by two sworn appraisers, and, after
such appraisement, sell the same, in the same manner as goods
taken under execution are required by law to be sold.
ARTICLE III.
Sec.
2436.
2437.
Joint Tenants and Tenants in Common.
Partition compellable between
joint tenants and tenants
in common.
Jurisdiction of Court of Com-
mon Pleas in matters of
partition declared.
Sec.
2438. Proceedings in Court of Com-
mon Pleas ; writ, to whom
issued ; return of Commis-
sioners ; powers of Court,
&c.
2439. Court may dispense with
writ and order sale, upon
testimony taken.
G.
S.
1S29;
K.
S.
1948;
1712,
11.
471,
§ 2;
lb.
, 474,
Section 2436. All joint tenants and tenants in common, and ^ ^ '"*?,* 1°,'^
•' ' c cm pel lable
every of them, which now hold or hereafter shall hold, jointly ^^'^^^'^^'^ ^°^'^\
- ' ' i J tenants and
or in common, for term of life, year or years, or joint tenants * ^ " ^ '^ * ^ ^"
' ' -' J ' J common.
or tenants in common, where one or some of them have or shall
have estate or estates for term of life or years, with the other |^
that have or shall have estate or estates of inheritance or free ,
hold in any lands, tenements, or hereditaments, shall and may
be compellable to make severance and partition of all such
lands, tenements, and hereditaments, which they hold jointly or
in common for term of life or lives, year or years, where one or
some of them hold jointly or in common for term of life or
years with other, or that have an estate or estates of inheritance
of freehold.
No severance or partition shall be prejudicial or hurtful to ^^•' § ^■
any person or persons, their heirs or successors, other than such
as afe parties unto the said partition, their executors and as-
signs.
One who is joined in execution of a deed of partition, and retains a portion of
the land assigned him cannot ask partition at the hands of the Court, while claim-
ing under the deed. — Brickie v. Leach, 55 S. C, 510; 33 S. E., 720. Partition by
joint agreement of heirs. — Home v. McRae, 53 S. C, 51; 31 S. E., 701.
Partition demanded as a right. — Atkinson v. Jackson, 24 S. C, 594. But not -
where the joint estate arises out of an illegal transaction. — Milhous v. Sally,
43 S. C, 318; 21 S. E., 268; Fricks v. Lewis, 26 S. C, 244; i S. E., 884. But not
as long as testator directs estate to be kept together. — Callahan v. Callahan, 36
S. C, 4ss; 15 S. E., 727. Title claimed by defendant must be tried by jury before
partition can be considered. — Capell v. Moses, 36 S. C, 559; 15 S. E., 711. Par-
tition by parol agreement may be good and binding. — Haughabaugh v. Honald, 3
932 CIVIL CODE
A. D. 1902.
■ _^- -%_ • Brev., 97; Goodue v. Barnwell, Rice Eq., 198; Kennemore v. Kennemore, 26 S. C,
251; I S. E., 881; Roundtree v. Lane, 32 S. C, 160; 10 S. E., 941. Such partition
by husband cannot avail against wife.- — Jones v. Reeves, 6 Rich., 132. Tenant in
common who has conveyed his interest not a necessary party.— McNish v. Gerard,
4 Strob. Eq., 66. Joint estate for joint lives may be partitioned. — Reily v.
Whipple, 2 S. C., 277. Lands lying in several Counties may be partitioned in same
proceeding in one County. — Daniels v. Moses, 12 S. C, 130. Statutory lien for
purchase money attached under Act 1791 not affected by repeal of that Act. — lb.;
Chalmers v. Jones, 23 S. C, 463. But no such lien attached unless the provisions
had been strictly complied with. — Burnside v. Watkins; 30 S. C, 459; 9 S. E., 518.
As to estimate of rents and profits. — Valentine v. Johnson, 1 Hill Ch., 49; Lyles
v. Lyles, i Hill Ch., 86; Backler v. Farrow, 2 Hill Ch., iii; Woodward v. Clarke,
4 Strob. Eq., 170; Jones v. Massey, 9 S. C, 376; Jones v. Massey, 14 S. C, 292;
Scaife v. Thompson, 15 S. C, 338; McCreary v. Burns, 17 S. C, 45; Annely v.
DeSaussure, 17 S. C, 389; Jacobs v. Bush, 17 S. C, 594; Sutton v. Sutton, 26
S. C, 34; I S. E., 19; Annely v. DeSaussure, 26 S. C, 497; 2 S. E., 490; McCants
V. McCants, 51 S. C, 503; 29 S. E., 387; McGee v. Hall, 28 S. C, 562; 6 S. E.,
566. Purchaser of remainder may compel partition with other tenants in common
during lifetime of his life tenant. — Lorick & Lowrance v. McCreery, 20 S. C,
424; Varn v. Varn, 22 S. C, 77. Adult children cannot have partition of home-
stead assigned to widow, during her life. — Yoe v. Harvey, 25 S. C, 94. Partition
ordered during lifetime of husband and wife between her and their children then
living, where the title was in her and such children and those to be born. — Melli-
champ v. Mellichamp, 28 S. C, 125; 5 S. E., 533. Defendant in partition claim-
ing independent title, his claim must be first adjudicated. — Brock v. Nelson, 29
S. C, 49; 6 S. E., 899. Where the issue of title is sufficiently raised by the pleadings
there is no necessity for the Court to frame an issue. — Tyler v. Williams, 53 S. C,
367; 31 S. E., 298; Barnes v. Rodgers, 54 S. C, 115; 31 S. E., 885; Sumner v. Har-
rison, 54 S. E., 353; 32 S. E., 572. Action for partition premature while two of the
co-tenants hold possession under an unexpired lease. — Cannon v. Lomax, 29 S. C,
369 ; 7 S. E., 529. An agreement for partition signed by married women and their
husbands and others in interest, enforcible. — Smith v. Tanner, 32 S. C, 259; 10
S. E., 1008. A grant by one tenant in common of a right of way gives right to
grantee to have grantor's share laid off in severalty. — R. R. Co. v. Leech, 33 S. C,
175; II S. E., 631. A conveyance by one co-tenant does not operate to prejudice
of other co-tenants. — Young v. Edwards, 33 S. C, 404; 11 S. E., 1066. Grantee
of entire estate claiming from co-tenant. — Garrett v. Weinberg, 43 S. C, 36; 20
S. E., 756. Proceedings for partition and homestead at same time are incon-
sistent.— Williams v. Mallory, 33 S. C, 601; 11 S. E., 1068. See also Geiger v.
Geiger, 57 S. C, 52; 35 S. E., 1032; in re Worley's estate, 49 S. C, 41; 26 S. E.,
949. Partition of intestate's property should not be brought within the year
after his death and without making administrator party. — Williams v. Mallory, 33
S. C, 601; II S E., 1068. See also Geiger v. Geiger, 57 S. C, 52; 35 S. E., 1032;
in re Worley's estate, 49 S. C, 41; 26 S. E., 949.
The right to partition is paramount to the right of a wife of a co-tenant to dowei»;
hence, sale for partition will bar her right. — Holley v. Glover, 36 S. C, 404; 15
S. E., 605; 31 Am. St. Rep., 883; 16 L. R. A., 776; but where the land is divided
in kind the wife's dower attaches to the portion assigned him or his alienee. —
Gaffney v. Jeffries, 59 S. C, 565; 38 S. E., 216.
When non suit will not be allowed. — Gilreath v. Furman, 57 S. C, 289; 35 S.
Jurisdiction
of Common Sec. 2437. The Court of Common Pleas has jurisdiction in
7 all cases to make partition in kind of real and personal estates
G. S. 1830
R- s. 1949; held in joint tenancy or in common, or by allotment to one or
1882, XVII., ,
9 8 2; 18 8 5, morc of the parties, upon their accounting to the other parties
iti interest for their respective shares ; or in case partition in
kind or by allotment cannot be fairly and impartially made, and
vision ^^^ '^''without injury to any of the parties in interest, by the sale of
OF SOUTH CAROLINA.
the property and the division of the proceeds according to the
rights of the parties.
The Court of Equity had jurisdiction in partition independently of the Statute. —
Holley V. Glover, 36 S. C, 404; 15 S. E., 605; Charleston C. & C. R. R. Co. v.
Leech, 35 S. C, 146; 14 S. E., 730. Infant parties, fee conditional. — Owings v.
Hunt, S3 S. C, 187; 31 S. E., 237; Dupont v. DuBos, 52 S. C, 244; 29 S. E., 665.
No need to resort to equity for partition under the facts in Latham v. Harby, 50
S. C, 862; 27 S. E., 862. Complaint not alleging possession by plaintiff sustained. —
Garrett v. Weinberg, 50 S. C, 310; 27 S. E., 770. As to allegation of ouster. —
Elmore v. Davis, 49 S. C, i ; 26 S. E., 898.
When account between co-defendants can be ordered. — Craig v. Craig, Bail. Eq.,
102. Legislature cannot confer upon Probate Court jurisdiction in partition be-
tween adults. — Davenport v. Caldwell, 10 S. C, 317. But proceedings in partition
in that Court prior to that case in November, 1878, are binding upon all parties. —
Herndon v. Moore, 18 S. C, 339; Schumpert v. Smith, 18 S. C, 358; Thomas v.
Poole, 19 S. C, 323; Tederall v. Bouknight, 25 S. C, 275. Whether Probate Court
has concurrent jurisdiction in partition under wills, or where there are minors, not
decided. — Thomas v. Poole, 19 S. C, 323. Judge holding Court in the Circuit, and
while in the County where the land lies, has power to hear and determine a case
of partition at chambers. — Woodward v. Elliott, 28 S. C, 368. Recovery of land
and partition thereof should not be joined in one action. — Westlake v. Farrow, 34
S. C, 270; 13 S. E., 469.
Sec. 2438. Writs of partition shall be issued and directed p^^^Ln/ °^
to five persons, two of whom shall be nominated by the plain- commission-
tiff and two by the defendant, and a fifth by the officer issuing ^'"^-
the same, and in cases when the defendant fails to appear or ^gg^- ^j^ ^^^'
answer the plaintiff shall nominate three persons, and the officer ^'^^■
two, commanding them, or a majority of them, within one
month thereafter (being first duly sworn for that purpose) Oaths.
fairly and impartially, according to the best of their judgment, ^^^^^^
to make partition of the premises described in the complaint
among the parties entitled thereto, according to their several
rights ; and when the estate or property cannot, in the opinion
of the Commissioners, be fairly and equally divided between
the parties interested therein without manifest injury to them,
or some one of them, then they shall make a special return of g ^^.^j ^^
the whole property and the value thereof, truly appraised, and t"™-
certify their opinion to the Court whether it will be most for
the benefit of all parties to deliver over to one or more of the
. parties interested therein the property which cannot be fairly
divided, upon the payment of a sum of money to be assessed
by the said Commissioners, or to sell the same at public auction,
and the Court shall proceed to consider and determine the
same; and if it shall appear to the Court that it will be for ^j^Po^ers^^ o^f
the benefit of all parties interested in the said estate or prop- ^^st in one or
erty that the same should be vested in one or more of the
persons entitled to a portion of the same, on the payment of
a sum of monev assessed as aforesaid, the Court shall deter-
934 CIVIL CODE
A. D. 1902.
'-^'"Y— "^ mine accordingly, and the said person or persons, on the pay-
ment of the consideration money, shall be vested with the estate
so adjudged to such person or persons. But if it shall appear
to the Court that it would be more for the interest of the
parties interested in said estate or property that the same
should be sold, and the proceeds of sale be divided among
Or to order them, thcu the Court shall direct a sale to be made, on such
sale.
terms as to the Court shall seem right.
Contents of writ and order. — Barnes v. Rodgers, S4 S. C, 115; 31 S. E., 885;
Trammel! v. Trammell, 57 S. C, 89; 35 S. E., 533; Love v. Love, 57 S. C, 530;
35 S. E., 398.
The return of a majority of the Commissioners sufficient. — Yates v. Gridley, 16
S. C, 496. Return of Commissioners in division of the land, unless clearly
erroneous and unjust, will be confirmed by the Court. — Greer v. Winds, 4 Dess.,
8s; Buckler v. Farrow, Rich. Eq. Ca., 180. In absence of evidence it must be as-
sumed that Commissioners acted impartially. — Riley v. Gaines, 14 S. C, 454. Inter-
est allowed on money assessed for equality of partition. — Craig v. Craig, Bail. Eq.,
99. In computing value of improvements, not their cost, but the value they have
imparted to the premises, is allowed. Moore v. Williamson, 10 Rich. Eq., 323;
Scaife v. Thompson, 15 S. C, 357. Such return, when coniirmed, vests title from
actual partition. — Hudson v. Wallace, i Rich. Eq., i. Commissioners may make
special return, vesting property in one or more of the parties, upon paying certain
sum as its assessed value. — Carnes v. White, i Brev., 458; Burnside v. Watkins, 30
S. C, 459; 9 S. E., 518. Return need not fix the precise amount of this sum that
each party is to receive, but order of confirmation should distribute it. — Graydon
V. Graydon, McM. Eq., 63; Commissioners v. Mobley, 2 Speer, 654. It may recom-
mend a credit to whom the land is allotted. — Graydon v. Graydon, McM. Eq., 63.
The return of the Commissioners, if accepted, is the law between the parties as to
equality of partition, and Court cannot otherwise determine it. — Buckler v. Farrow,
Rich. Eq. Ca., 178. Such return, when confirmed, vests title only from payment
of the money. — Burriss v. Gooch, 5 Rich., i. When co-tenant has successfully
mortgaged a specific part of the land, it should be allotted to him or sold so as to
preserve rights of mortgagees, if other co-tenants not prejudiced. — Kennedy v.
Boykin, 35 S. C, 61; 14 S. E., 809. If it appears to the Court that there is or will
be a bid for a material advance in price above assessed by the Commissioners,
it will direct a sale. — Moore v. Williamson, 10 Rich. Eq., 323. The rule of caveat
emptor does not apply to sales under decree for partition. — Bollivar v. Zeigler, 9
S. C, 287; McMichael v. McMichael, 51 S. C, 555; 29 S. E., 403.
^jgpCourt may §60. 2439. Nothing in the preceding Section contained shall
7l\t ^^\^^tS- ^^ construed to affect the power of the Court of Common Pleas
timony taken, -fco dispcusc with the issuiug of such Writ in cases where, in
i8s§' ^Tx'^^^ judgment of the Court, it would involve unnecessary ex-
506. pense to issue the same ; and the Court shall have power in all
proceedings in partition, without recourse to the said writ, to.
determine, by means of testimony taken before the proper
officer and reported to the Court, whether a partition in kind
among the parties be practicable or expedient, and in cases
where such partition cannot be fairly and equally made to order
a sale of the property and a division of the proceeds according
to the rights of the parties.
McCrady v. Jones, 36 S. C, 136; 15 S. E., 430.
OF SOUTH CAROLINA.
ARTICLE IV.
Betterments.
Sec.
2440. Purchaser or lessee entitled
to recover full value of im-
provements in certain cases.
2441. Value of improvements, how
determined.
2442. Proceedings to recover value
of improvements.
2443. Judgment stayed until sale ;
special verdict ; lien for
betterments.
2444. Sale to be ordered, when ;
disbursements of proceeds ;
plaintiff may pay value of
betterments within sixty
days, &c.
Sec.
2445. Claim for betterments may
be set up by answer.
2446. Value, how ascertained ;
judgment for same ; lien of,
on the land ; execution con-
fined thereto.
2447. Plaintiff to recover nothing
for mesne profits, except on
improvements made by him,
&c.
2448. Foregoing provisions not ap-
plicable in certain cases.
Section 2440. After final judgment in an action to Tecover^^^^^^^^^^
lands and tenements, in favor of the plaintiff, if the defendant fmp JvimenS'^
has purchased the lands and tenements recovered in such action, '^"^gj e r ta i n
or taken a lease thereof, or those under whom he holds have q g. isss;
purchased a title to such lands and tenements, or taken a lease fg 7 1- xiv.',
thereof, supposing at the time of such purchase such title to^^^-
be good in fee, or such lease to convey and secure the title
and interest therein expressed, such defendant shall be en-
titled to recover of the plaintiff in such action the full value
of all improvements made upon such land by such defendant,
or those under whom he claims, in the manner hereinafter
provided.
This Act is not unconstitutional. — Lumb v. Pinckney, 21 S. C, 471. Section
enforced. — Jacobs v. Bush, 17 S. C, 594; Rabb v. Flenniken, .32 S. C, 189; 10
S. E., 943. Where party supposed at time of purchase that he had a good title,
he is entitled to improvements made after subsequent knowledge of title in another.
— Templeton v. Lowry, 22 S. C, 389. Whether he so supposed, is a question of
fact to be determined in the case. — lb. This Statute recognizes an equitable
right and gives a remedy for its enforcement where none existed before.— Tumble-
ston v. Rumph, 43 S. C, 279; 21 S. E., 86; Hall v. Boatwright, 58 S. C, 544; 36
S. E., roo2. And it applies only to actions for recovery of land, and not to ac-
tions for partition between co-tenants, where equity affords a remedy for improve-
ments to the common property. — lb.; McGee v. Hall, 28 S. C, 562; 6 S. E., 566.
Applies only in actions for recovery of land, not in foreclosure suits. — Lessly v.
Bowie, 27 S. C, 193; 3 S. E., 199. But parties in possession should not be allowed
improvements and interest too during time of possession. — Boykin v. Ancrum, 28
S. C, 486; 6 S. E., 305.
It applies to improvements made by those under whom the plaintiff claims. —
Salinas v. Altman, 45 S. C, 283; 22 S. E., 889. See also former hearing in same
case: 41 S. C, 403; 19 S. E., 617; and McKnight v. Cooper, 27 S. C, 94; 2 S. E.,
842. Such improvements must be made bona -fide. — Gadsden v. Desportes, 39 S. C,
131; 17 S. E., 706; and Salinas v. Altman, supra.
Sec. 2441. The sum which such land shall be found at the
time of the rendition of such judgment to be worth more, in
CIVIL CODE
consequence of improvements so made, than it would have
p r'o \^ements' ^^^'^ ^^^ "° such improvements or betterments been made,
mined *^ ^ * ^''' shall be deemed to be the value of such improvements or better-
G. s. 1836; "^ents.
R. s. 1953. Sec. 2442. The defendant in such action shall, within forty-
Proceedings eip;ht hours after such iudsfment, or during: the term of the
torecoverc5 j& ' ts
value of im- Court in which the same shall be rendered, file a complaint
provements. ' ^
■ — ^-^-^^ against such plaintiff for so much money as the lands and
R. s. 1954. tenements are so made better, in the office of the Clerk of such
Court, which shall be sufficient notice to the defendant in such
complaint to appear and defend against the same ; and all sub-
sequent proceedings shall be had in accordance with the practice
prescribed in the Code of Procedure.
"Final judgment," means the judgment in Circuit Court, even in cases of appeal,
and it is too late to bring this action after remittitur of Supreme Court. — Garrison
V. Dougherty, i8 S. C, 486. It does not mean entry of formal judgment, but
final determination of rights of parties by verdict. — Godfrey v. Fielding, 21 S. C,
313. Defendant by answer claimed improvements, alleging only that he believed he
had good title in fee at the time of his purchase, was allowed to amend by aver-
ring also a belief of good title at time the improvements were made. — McKnight v.
Cooper, 27 S. C, 92; 2 S. E., 842.
Judgment gec. 2443. The Court, on the entry of such action, shall stay
stayed until ' _ -' ' _ -'
terdf t'- ^ff^'n^ll proceedings upon the judgment obtained in the prior action,
ment'^ « ^ * ^ ^ ' cxccpt the rccovcry of such lands, until the sale of the lands
— - — ; — ——'recovered as hereinafter provided; and the final judgment
R- s. 1955; shall be upon a special verdict by a jury, under the direction of
xix., 432, § 1. the Court, stating the value of the lands and tenements without
the improvements put thereon in good faith by the defendant,
and the value thereof with improvements. The defendant in
ejectment shall be entitled for said betterments to a verdict for
the value thereof, as of the date when the said lands were
recovered from him, and interest on said verdict from said date,
and the lands and tenements so recovered shall be held to
respond to said judgment for betterments in the same manner
and for the same time as if the same had been attached on
mesne process.
Refusal to stay such judgment pending such action for improvements is a de-
nial of substantial right and appealable. — Dill v. Moore, 14 S. C, 338.
ord^er'e^d, when! ^^^' ^444. When final judgment shall be rendered as pro-
of ^ 'proceeds* ^^^^^ ^^ Section 2443, the Court shall direct a sale of the land
plaintiff may recovcrcd in ejectment on the following terms : That out of the
pay value of J a
within '^sTx't'^P^*-'^^^^^ of sale, the plaintiff in ejectment, or his legal repre-
'^^y^- ^<^- sentative, be paid the amount ascertained as the value of his
R %^' 1956- ^^"'^ without improvements put thereon in good faith by the
ih^ § 0; ih., defendant, and the surplus, if any, be paid to the occupying
OF SOUTH CAROLINA.
claimant, or his legal representative, and said judgment for
betterments shall be a lien on such land in preference to all
other liens : Provided, however, That this Section shall not
apply to cases where the plaintiff in ejectment, or his legal
representative, shall, within sixty days after the aforesaid
special verdict, pay into the office of the Clerk of the Court,
for the defendant, the value of the betterments as so found
in said special verdict.
Jacobs V. Bush, 17 S. C, 594.
Sec. 2445. In any action hereafter brought, or now pending, pr^v^nen/m^y
and which has not been heard, for the recovery of lands and ^^^^^^Jf^ed m
tenements, whether such action be denominated legal or^j^ g ^957.
equitable, the defendant who may have made improvements or^^^^^^' ^^-^••
betterments on such land, believing at the time he makes such
improvements or betterments that his title thereto was good
in fee, shall be allowed to set up in his answer a claim against
the plaintiff for so much money as the land has been increased
in value in consequence of the improvements so made.
This Section is merely supplemental to Section 2440, and includes improvements
• made by those under whom he claims! — Salinas v. Altman, 45 S. C, 283; 22 S. E.,
889; Gadsden v. Desportes, 39 S. C, 131; Z7 S. E., 706.
Sec. 2446. If the verdict or decree shall be for the plaintiff in Jay^a°sse'l^s
such action, the jury or Judge, who may render the same, mayl^ll^f:
at the same time render a verdict or decree for the defendant i^^' ^' ■^^^ '
for so much money as the lands and tenements are so made
better, after deducting the amount of damages, if any, recov-
ered by the plaintiff in such action, and the lands and tene-
ments as recovered shall be held to respond to such judgment ^i,g*^£nT ""^
for the defendant: Provided, That execution on such judgment ^^^ ^^^ to
shall issue only against such lands and tenements so recovered ^^^ of°othe'i^
by the plaintiff in such action, and shall not in any such p^'op^''^^-
case issue against the goods and chattels or other lands of the
defendant.
Lien of 'judgment for improvements prevails over claim of homestead. — Wilson
V, Counts, 52 S. C, 218; 29 S. E., 649.
Sec. 2447. The plaintiff, in an action for the recovery of ^^^o recovery
lands and tenements, shall recover nothing for the mesne profits profits^
of the land, except on such improvements as are made by him ^^ *^-gS- is40;
or those under whom he claims. f^^' ^ i v . ,
See. 2448. The foregoing provisions relating to betterments j, ^ ^ ^ ^^.^^
shall not extend to any person who has entered on land byproyb^on| no^
virtue of any contract made with the legal owner of such land, certain cases.
unless it shall appear, on the trial of the action, that such owner ^ G.^s. i84i;
has neglected to fulfil such contract of his part, in which case/&-
938
A. D. 1902.
CIVIL CODE
such person in possession shall be entitled to all the privileges
hereinbefore provided for those who entered upon land under
supposed title, and the same proceedings shall be had, and the
land shall be held in the same manner as hereinbefore pro-
vided.
ARTICLE V.
Miscellaneous Provisions Concerning Real Estate.
Sec.
2449
of no
years ;
Liens on real estate
force after twenty
proviso.
2450. Measure of damages in actions
upon covenant.
2451. Assessment of damages for
trespass or waste ; power of
Judge.
Sec.
2452. Surveyors appointed for lands
in dispute.
2453. If parties refuse, Court to
nominate.
2454. Party walls in cities and
towns.
2455. Each owner to pay half ex-
pense.
Liens on real Scctlon 2449. No mortgage, or deed having the effect of a
estate of no & es ' »
force a f t e r j^ortgage, no ludgmcnt, decree or other lien on real estate shall
twenty years; o o ' j o '
proviso. constitute a lien upon any real estate after the lapse of twenty
r, ^'c^' J^n^' vears from the date of the creation of the same: Provided,
K. o. 1691 J •"
1898, XXII., That if the holder of anv such lien or liens as aforesaid shall,
7 4 8 ; 1 8 V 9,
XVII., 167. at any time during the continuance of such lien, cause to be
recorded upon the record of such mortgage, or deed having
the effect of a mortgage, or shall file with the record of such
judgment, decree or other lien, a note of some payment on
account, or some written acknowledgement of the debt secured
thereby, with the date of such payment or acknowledgement,
such mortgage, deed having the effect of a mortgage, judgment,
decree or other lien shall be and continue to be a lien for
twenty years from the date of the record of any such payment
on account or acknowledgement : Provided, further. That
nothing herein contained shall be construed to affect the dura-
tion of the liens of judgments as prescribed by Section 309 of
the Code of Procedure : Provided, further. That on and after
the first day of January, 1902, the provisions of this Act shall
apply to all mortgages : those executed prior to the 24th day
of December, 1879, as well as to those executed since that date.
Applies only to prior judgments — not to those recovered after its enactment, or
after the Code. — Henry v. Henry, 31 S. C, i. But this Statute, prior to the
amendment of 1898, was held not retroactive as to mortgages. — Curtis v. Ren-
neker, 34 S. C, 468. Record of assignments of mortgages no compliance with re-
quirements.— Ih. What is sufficient acknowledgement of the debt. — Wood v. Mil-
OF SOUTH CAROLINA. 939
A. D. 1902.
ling, 32 S. C, 378; 10 S. E., 1081. As to payments. — Patterson v. Baxley, 33 S. v^.. y -/
C, 354; II S. E., 1065.
Sec. 2450. In any action or suit for reimbursements or dam- ^^^^^1^''^ °c-
ages upon covenant or otherwise, the true measure of dam- ^ ^^o^JJ^^^^^ "p°^
ages shall be the amount of the purchase money at the time of — - — ^ ^^
alienation, with legal interest from the time of eviction. fs?!' xvif
Formerly the interest ran from time of purchase. — Furman v. Elmore, 2 N & 11.
McC, 189; Ware v. Weatherall, 2 McC, 413; Lowrance v. Robertson, 10 S. C, 8.
The alienation referred to is the alienation by the warrantor. — Lowrance v. Robert-
son, ID S. C, 8.
Sec. 2451. In case any action shall be brought for a trespass of^f"/g"s for
or waste committed in the plaintiff's lands or tenements, the ^^g^J.^ y^^er
Judge of the Court having jurisdiction of such action shall °^ J^^ge.
have power to appoint one or more sufficient persons to view j^/^g \ 9 g^gi
the said trespass or waste, if need be, who shall return an ac- 1'^^|' ^^^- ^'^''•
count thereof, on oath, at the next Court, and the true value
of the damages occasioned by such trespass or waste, and the
same shall be allowed as evidence, if the Court shall see fit;
any law, custom or usage to the contrary thereof in any wise
notwithstanding.
Sec. 2452. If anv cause be depending in the Circuit Courts, Surveyors
-^ i o ^ appointed for
or within the jurisdiction of the same, wherein the titles or lands in dis-
boundaries of lands or plantations shall be brought into dis ^ — - — —
pute, the Judge of the said Court shall appoint surveyors, at the i s 22; r. s.
nomination of the parties, to survey the same, at the charge of
the said parties, and to return such survey, on oath, at the next
sitting of the said Court.
Section not imperative except when survey necessary. — Fran v. Cruikshanks, 3
McC, 84. When necessary. — Thomas v. Jeter, i Hill, 380; Scriven v. Heyward,
Chev., 119; Speer v. Duvall, 5 Rich., 13; State v. Sarter, 2 Strob., 60; Manning v.
Dove, 10 Rich., 395; Patterson v. Crenshaw, 32 S. C, 534; 11 S. E., 390. If
necessary trial must be postponed for it.^Gourdine v. Theus, 2 Brev., 35. Notice
to other party of survey under this Section necessary. — Underwood v. Evans, 2
Bay, 437. Not necessary, when.— Keenan v. Keenan, 7 Rich., 345; Manning v.
Dove, 10 Rich., 395. Surveyor compelled to attend only first trial, unless sub-
poenaed.— Nicklin v. Morrow, 3 Brev., 405; Breithaupt v. Clarke, i Hill, 399. He
must as witness verify his plat. — Davis v. Winsmith, 5 S. C, 332. As to general
rules of surveying. — Colclough v. Richardson, i McC, 167; Welch v. Philips, i
McC, 215; Nelson v. Frierson, i McC, 232; Stokes v. Holliday, i McC, 255;
Bond V. Quattlebaum, i McC, 584; Martin v. Simpson, Harp., 454; Atkinson v.
Anderson, 3 McC, 223; Sumter v. Bracy, 2 Bay, 515; Douglass v. Fernandez, 2
Bail., 78; Wash v. Holmes, 1 Hill, 12; Kershaw v. Starnes, i McM., 74; Breith-
aupt V. Clarke, i Hill, 399; Kershaw v. Starnes, i McM., 73; Davis v. Winsmith, 5
S. C, 332. Objection to survey, when to be made. — Barmore v. Jay, 2 McC, 371.
As to costs of survey. — Lesly v. Buford, i Brev., 460; Sturgenegger v. Marsh, i
Bail., 592; Kershaw v. Starnes, i McM., 73. To what cases Section not applicable.
— Speer v. Duval, 5 Rich., 13.
Sec. 2453. In case either of the parties shall refuse to nomi- fusc^'comt "o
nate a surveyor duly sworn and qualified, then the said Court "°™'"^'^^'
shall proceed to nominate two or more such surveyors, as j g^s'i; r. s!
1965-
CIVIL CODE
they shall think fit, in order for the better finding out and dis-
covering the truth of the matter in difference ; and if the Court
shall acquiesce in the return of the surveyors so given in on
oath, as aforesaid, the same shall be allowed as evidence.
Party walls gee. 2454. Evcrv person who shall erect in a city or town
in cities and - ^
^"'^"s- any building with brick shall have liberty to set half his par-
r-'^c' ^o:J l^tition wall in his next neighbor's ground, provided he leave a
s. 1966. toothing in the corner of such wall for his neighbor to adjoin
„ , unto.
Kacn owner
to pay half ex- Scc. 2455. When the owner of such adiommg land shall
build, he shall pay for one-half of the said partition wall, so
lb.; G.
1843; R.
1967.
S- far as he makes use of the same.
TITLE II.
CHAPTER LXV.
Of the Registration of Legal Instruments.
Sec.
2456. What instruments to be re-
corded : when ; where : effect
of, &c.
2457. Possession not notice ; actual
notice must be notice of the
instrument, &c.
2458. Certain conveyances not en-
dorsed by Auditor declared
valid.
2459. Deeds, &c., to married women
recorded in office of Register
of Mesne Conveyances, but
Sec.
not in Secretary of State's
office, declared valid.
2460. Memorandum of livery of
seizin to be recorded.
2461. Former mortgages may be re-
deemed by second mort-
gages.
2162. Dower saved where widow did
not legally renounce.
2463. United States Tax Commis-
sioner's titles to be recorded
in Beaufort.
What instru- Sectioii 2456. All deeds of convevance of lands, tenements or
ments to be re-
corded; when hereditaments, either in fee simple or for life ; all deeds of
whereand ' ^
effect of. trust or instruments in writing, conveying either real or per-
G. s 1776; gQj^^] estate and creating a trust or trusts in regard to such
1898 XX II , property, or charging or encumbering the same; all mortgages
XVI., 92. or instruments in writing in the nature of a mortgage of any
property, real or personal ; all marriage settlements or instru-
ments in the nature of a settlement of marriage ; all leases or
contracts in writing made between landlord and tenant for a
longer period than twelve months ; all statutory liens on build-
ings and lands for materials or labor furnished or performed
on them ; all statutory liens on ships and vessels ; all certificates
OF SOUTH CAROLINA. 94i
^ A. D. 1902.
of renunciation of dower; and, generally, all instruments in
writing- now required by law to be recorded in the office of
Register of Mesne Conveyances or Clerk of Court in those
Counties where the office of Register of Mesne Conveyances
has been abolished, or in the office of the Secretary of State, de-
livered or executed on and after the first day of March, in the
year of our Lord one thousand eight hundred and ninety-eight,
shall be valid, so as to affect from the time of such delivery or
execution the rights of subsequent creditors (whether lien
creditors or simple contract creditors) or purchasers for valu-
able consideration without notice, only when recorded within
fortv days from the time of such delivery or execution in the
office of the Register of Mesne Conveyance or Clerk of Court
of the County where the property aft'ected thereby is situated,
in the case of real estate ; and in the case of personal property
of the County where the owner of said property resides, if
he resides within the State, or, if he resides without the State,
of the County where such personal property is situated at the
time of the delivery or execution of said deeds or instruments :
Provided, nevertheless, That the recording and record of the
above mentioned deeds or instruments of writing subsequent
to the expiration of said forty days shall from the date of such
record operate as notice to all who may subsequently thereto
become creditors or purchasers.
Who are subsequent creditors within the meaning of the Act prior to the amend-
ment of 1898. — King V. Fraser, 23 S. C, 543; Carraway v. Carraway, 27 S. C, 576;
S S. E., 157; Armstrong v. Carwile, 56 S. C, 463; 35 S. E., 200.
As to deeds. — Righton v. Righton, i Mill, 130; Harrison v. Hiller, 2 N. & McC,
578; Barnwell v. Porteous, 2 Hill Ch., 219; Cooper v. Day, i Rich. Eq., 26;
Steele v. Mansel, 6 Rich., 437; Godbold v. Lambert, 8 Rich. Eq., 155; Bassard v.
White, 9 Rich. Eq., 483; Lott v. DeGraifenreid, 10 Rich. Eq., 346; Leger v.
Doyle, II Rich., 118; Belk v. Massey, 11 Rich., 614; Youngblood v. Keadle, i
Strob., 121; Evans v. McLucas, 15 S. C, 67; McNamee v. Huckabee, 20 S. C,
190; Summers v. Brice, 36 S. C, 204; 15 S. E., 374; Levi v. Gardner, 53 S. C,
24; 30 S. E., 617. As to marriage settlements. Settlement upon married woman
by Court need not be recorded as marriage settlements.- — McMeekin v. Edmunds,
I Hill Chan., 288. Xor need settlement upon her by husband after marriage
for present consideration be recorded as such. — Bank v. Brown, 2 Hill Ch., 558.
Only settlements in consideration of marriage and before, or in pursuance of
agreement made before, are required to be recorded as such. — Bank v. Brown, 2
Hill Ch., 558; Napier v. Wightman, Speer Eq., 357; LePrince v. Guillemont, i
Rich. Eq., 187; Amaker v. New, 33 S. C, 28; 11 S. E., 386; Trustees v. Bryson,
34 S. C, 401; 13 S. E., 619. Mere executory agreement is not marriage settle-
ment.— Baskins v. Giles, Rich. Eq., 315. Marriage settlements unrecorded, void
as to creditors concerned. — Henion v. McCall, Harp. Eq., 170; LaBorde v. Penn,
McM. Eq., 448; Fowke v. Woodward, Speer Eq., 233; Brock v. Bowman, Rich.
Eq. Ca., 185; Harper v. Barsh, 10 Rich. Eq., 150; Barsh v. Rials, 6 Rich., 162.
As to mortgages. — Ash v. Executor, i Bay, 304; Ashe v. Livingston, 2 Bay, 80;
Brailsford v. House, i N. & McC, 31; Ex parte Leland, i N. & McC, 460;
Hampton v. Levy, i McC. Ch., 107; Thayer v. Cramer, i McC. Ch., 393; Nixon
V. Bynum, i Bail., 148; Martin v. Sale, i Bail. Eq., i; Thayer v. Davidson, Bail.
Eq., 412; Smith v. Osborne, i Hill Ch., 340; Barnwell v. Porteous, 2 Hill Ch.,
942 CIVIL CODE
A. D. 1902.
^ ■> 219; Schultz V. Carter, Speer Eq., 553; Barr v. Kinard, 3 Strob., 73; Ryan v.
Clanton, 3 Strob., 412; Boyce v. Boyce, 6 Rich. Eq., 302; Br\-ce v. Bowers, 11
Rich. Eq., 41; McKnight v. Gordon, 13 Rich. Eq., 222; Williams v. Beard, i S. C,
309; Miles V. King, 5 S. C, 146; Haynesworth v. Bischoff, 6 S. C, 159; Annely
V. DeSaussure, 12 S. C, 488; McKnight v. Gordon, 13 Rich. Eq., 222; Stem-
berger v. McSween, 14 S. C, 35; King v. Eraser, 23 S. C, 543; Blohme v. Lynch,
26 S. C., 300; 2 S. E., 136; Loan and Trust Co. v. McPherson, 26 S. C, 431; 2 S. E.,
267; McGowan v. Reid, 27 S. C, 262; 3 S. E., 337; Carraway v. Carraway, 27 S. C,
576; Gregory v. Ducker, 31 S. C, 141; 9 S. E., 780; London v. Youmans, 31 S. C,
147; 9 S. E., 775 ; Avery v. Wilson, 47 S. C, 78; 25 S. E., 286; Bredenberg v. Lan-
drum, 32 S. C, 215; 10 S. E., 956; Mowry v. Crocker, 33 S. C, 436; 12 S. E., 3;
Summers v. Brice, 36 S. C, 204; 15 S. E., 374; Norwood v. Norwood, 33 S. C,
331; 15 S. E., 382. Turpin v. Suddath, 53 S. C, 295; 31 S. E., 245; VanDiviere v.
Mitchell, 45 S. C, 127; 22 S. E., 759. Instrument in nature of a mortgage, what is
not. — Arthur v. Screven, 39 S. C, 77; 17 S. E., 640. Except as to subsequent pur-
chasers from some vendor or as to subsequent creditors, a deed is not affected by not
being recorded. — Martin v. Quattlebaum, 3 McC, 205 ; Martin v. Sale, Bail. Eq., i ;
Summers v. Brice, 36 S. C, 204; 15 S. E., 374. Only as to such parties is a
mortgage so affected. — Youngblood v. Keadle, i Strob., 121; McKnight v. Gordon,
13 Rich. Eq., 222; Williams v. Beard, i S. C, 309; Zorn v. R. R. Co., 5 S. C, 90;
Summers v. Brice, 36 S. E., 204; 15 S. E., 374. But a purchaser for value with-
out notice from purchaser in possession with notice is protected against unre-
corded chattel mortgage. — London v. Youmans, 31 S. C, 147; 9 S. E., 775.
Generally. — This Act of 1876 applies only to instruments subsequently executed. —
Bloom V. Simms, 27 S. C, 90; 3 S. E., 45. Mortgage not recorded in time under
Act of 1843, void as to purchaser subsequent to its record. — lb. In connection with
mechanic's lien. — Murphy v. Valk, 30 S. C, 268; 9 S. E., loi.
Possession gee. 2457. No possession of real property described in any
where . instru- instrument of writing; required by law to be recorded shall
ment is not . . , . "^ , , . , „
recorded. Operate as notice ot such instrument; and actual notice shall
R. s. 1969; be dccmcd and held sufficient to supply the place of reeristra-
1888, XX., 15. . . . , , . ^ ^ . ,. ^ ^ .
tion only when such notice is or the instrument itself or ot its
nature and purport.
Generally, as to notice to supply lack of registration. — Tart v. Crawford, 1 McC,
265; lb., I McC, 479; Givens v. Branford, 2 McC, 152; Cabiness v. Mahon, 2
McC, 273; McFall v. Sherrard, Harp., 295; Anderson v. Harris, i Bail., 315;
Kottman v. Ayer, i Strob., 552; Martin v. Sale, Bail. Eq., i; City Council v.
Page, Speer. Eq., 159; Fowke v. Woodward, Speer. Eq., 233; Cooper v. Day, 1
Rich. Eq., 26; Wallace v. Cooker, 3 Strob., 266; Ingram v. Phillips, 3 Strob., 565;
Cape Fear Steamboat Co. v. Conner, 3 Rich., 335; Knotts v. Geiger, 4 Rich., 32;
Anderson v. Aiken, 11 Rich. Eq., 232; Aultman v. Utsey, 34 S. C, 559; 13 S. E.,
848. And possession was considered, before this Section, as such notice, not only
of equitie. — Sheom v. Robinson, 22 S. C, 32; Bieman v. White, 23 S. C, 490;
Graham v. Nesmith, 24 S. C, 285; Sweatmari v. Edmunds, 28 S. C, 58; 5 S. E.,
165; but also of unrecorded deed. — Daniel v. Hester, 29 S. C, 147; 7 S. E., 65.
Certain con- Sec. 2458. All convcyances of real estate which have been
veyances not
endorsed b y recordcd bv the Clerks of Court and Register of ]\Iesne Con-
Auditor de- - ° ^
ciared valid, vevances of the several Counties since the fourteenth day of
R. S. 1970; December, 1876, and prior to the first day of ^lay, 1882, with-
321, §'1. 'out the endorsement of the Auditor of the County, are hereby
declared to be as valid and binding, to all intents and purposes,
as if the said conveyances had been endorsed by the Auditor
of the County, as required by law ; and each and every Clerk
of the Court and Register of ]\Iesne Conveyances is hereby
OF SOUTH CAROLINA. 943
A. D. 1902.
relieved from all liability or penalty for the recording of such ^-*-v-«»-'
conveyances without the endorsement of the County Auditors
thereon.
McNamee v. Huckabee, 20 S. C, 201.
Sec. 2459. All deeds and conveyances made since the six- ^^ ^^^^^^^s^,^^ ^'=-
teenth day of April, 1868, whereby lands and tenements which ™^e'^'^^«^<=^°'''i^^
were the estate of their husbands have been conveyed to ^^^- ^i^^ni CoJvey-
ried women, and which have been duly recorded in the office f^ s^^^retary'^of
of the Register of Mesne Conveyances, Clerk of Court for the |^^[|^|^j ^f^H'
County in which such lands and tenements are situate, shall be— ^:^ — ^5~g
deemed good and effectual in the law, to all intents and pur-S^^^i779; r. s.
poses, as if the same had been recorded in the office of the Sec-
retary of State within the time prescribed by law, anything in
said Acts to the contrary thereof in any wise notwithstanding.
Sec. 2460. When any deeds or conveyances shall be acknowl- of^^™"^^'"^"^
edged or proved, as aforesaid, in order to their being recorded, li'^^^^° ^^ ^^'
the memorandum of livery and seizin thereupon made in deeds — - — z — ^^
of feoffment shall in like manner be acknowledged or Proved, R^. s^^i 9 7^|;
and shall be recorded with the deeds, and such memorandum, § 45.
proved and acknowledged as aforesaid, shall be taken and
deemed a sufficient livery and seizin of the land or other real
estate conveyed.
Sec. 2461. If it so happen there be more than one mortgage Former mort-
'^ '■ <j <j gages may be
at the same time, bv any person or persons to any person or redeemed by
' -^ ^ ^ second mort-
persons, of the same lands and tenements, the several gages.
mortgagees which have not registered or recorded their mort- g. S. itsi;
gages, their heirs, executors, administrators or assigns, shall i698, 11., 137,
have power to redeem any former mortgage or mortgages
registered upon payment of the principal debt, interest and
cost of suit, to prior mortgagee or mortgagees, their heirs,
executors, administrators or assigns.
Sec. 2462. Nothing in this Chapter contained shall be con- Dower saved
. , . where widow
strued, deemed or extended to bar any widow of any mortgagor did not legally
1 • 1 • renounce.
of any lands or tenements from her dowry and right m or to
... . G. S. 1782;
the said lands who did not legally loin with her husband in R. s. 1974;
° 1712, II., 536,
such mortgage, or otherwise bar or exclude herself from such § 5; i698, 11.,
dowry or right.
Sec. 2463. The holders of al certificates or titles issued by Tax Commis-
or under the authority of the United States Direct Tax Com- to be recorded
missioners for South Carolina shall be allowed to record the '- —
r* S 1783 *
same in the office of the Clerk of Court for the County of Beau- r. s. 1975;
fort; and when such certificates shall have been so recorded, § 1. '
CIVIL CODE
such recording shall be deemed to be a legal notice of title to
the land described in the same.
TITLE III.
CHAPTER LXVI.
Limitation of Estates.
Sec.
2464. Words in deeds or wills im-
porting an indefinite failure
of issue ; how construed.
2465. Feoffment with livery of
seizin not to defeat re-
mainders.
Sec.
2466. Posthumous children take
under will or settlement as
though born in lifetime of
father.
Construction Scctlon 2464. Whenever, in any deed or other instrument in
of terms Fail- ' -'
ure of Issue." -^yriting, not testamentary, hereafter executed, or in any will of
R ^' s^' 1976- ^ testator hereafter dying, an estate, either in real or personal
1853, x'li., 29s! property, shall be limited to take effect on the death of any
person without heirs of the body, or issue, or issue of the body,
or other equivalent words, such words shall not be construed
to mean an indefinite failure of issue, but a failure at the time
of the death of such person.
Applies only to instruments taking effect since its date. — Blum v. Evans, lo
S. C, 56; Graham v. Moore, 13 S. C, 115; Mendenhall v. Mower, 16 S. C, 303;
Powers V. Bulwinkle, 33 S. C, 293; n S. E., 971; Selman v. Robertson, 46 S. C,
262; 24 S. E., 187; Bradford v. Griffin, 40 S. C, 468; 19 S. E., 76. This does
not abolish rule in Shelly's case. — Fields v. Watson, 23 S. C., 50; Bethea v. Bethea,
48 S. €., 440; 26 S. E., 716.
wit^h^°vfry''of Sec. 2465. No estate in remainder, whether vested or contin-
d11"e aTV e° gent, shall be defeated by any deed of feoffment with livery
!!!!!!!^!!:^__ of seizin.
18^ XVIII ' Referred to. — Bowers v. Humphries, 24 S. C, 452.
*^°- Sec. 2466. A posthumous child shall take under any will or
Posthumo us -^ .,,... .--- J
child takes un- settlement as though born m the lifetime of the father, and
der will or set- . , ^ , , 1 1 , , 1
tiement as shall uot bc liable to be defeated on the ground that the re-
though born in . , i- 1 j_i • j. j. j.u i.
lif e t i m e of mamder was contingent and did not vest at the instant tnat
^ the prior estate terminated, and that there was no trustee to pre-
G. S. 1846; ^ . '
R. s. 1978; 10 servc the contingent remainder.
and 11 W. 3, ^
c. 16; 1712, II., Burke v. Wilder, i McC, 551.
542.
OF SOUTH CAROLINA.
TITLE IV.
CHAPTER LXVII.
Of Intestates' Estates.
Sec.
2467. Eight of primogeniture abol-
ished.
2468. Distribution of property —
1. When intestate leaves a
widow and children ; lineal
descendants of the intestate
represents their parents.
2. When intestate leaves no
child, but a widow, father or
mother, brothers or sisters
of the whole blood ; children
of brothers or sisters of the
whole blood represent their
parents ; when intestate
leaves no parent, but widow
and brothers and sisters,
&c. ; when intestate leaves a
widow and father or mother,
and no brothers and sisters,
&c.
3. When intestate does not
leave lineal descendant,
father, or mother, but leaves
widow and brothers and sis-
ters, or brother or sister, of
the whole blood, widow
takes one moiety.
4. When intestate leaves no
' child or other lineal descend-
ant, father, mother, brother
or sister of the whole blood,
but leaves widow and
brother or sister of half
Sec.
blood, and a child of a
brother or sister of the
whole blood ; when no
brother or sister of half
blood.
5. When intestate leaves no
child or other lineal descend-
ant, father, mother, brother
or sister.
6. When widow takes two-
thirds.
7. If intestate leaves no
widow.
8. If intestate be a married
woman.
9. If intestate leave no hus-
band.
10. When widow or husband
shall inherit the whole
estate.
2469. Aliens may inherit as natural
born citizens.
2470. Alien widows.
2471. Property to be equally di-
vided ; portions advanced by
intestate to be deducted.
2472. Property not mentioned in
will.
2473. Distribution of a joint ten-
ancy.
2474. Provisions for widows of in-
testates to be in lieu of
dower.
Section 2467. The right of primogeniture is abolished.
The effect of this Statute on the definition of the word "heirs." — Dukes v.
Faulk, 37 S. C, 255; 16 S. E., 122. Applies to property acquired before passage
of Act by intestate who dies afterwards. — Ramsay v. Deas, 2 DeS., 233.
Sec. 2468. When any person shall die without disposing of
the same by will, his estate, real and personal, shall be dis-
tributed in the following manner :
Terms imperative. — Gaffney v. Peeler, 21 S. C, 55; Youngblood v. Norton, i
Strob. Eq., 122.
I. If the intestate shall leave a widow and one or more
children, the widow shall take one-third of the estate, and the
remainder shall be divided between the children, if more than
60.— C
Right of
primogenitur e
abolished.
G. S. 1844;
R. S. 19 7 9;
1791, v., 162.
Distribution
of property.
G. S. 1845;
R. S. 1980.
1. When in-
testate leaves a
widow and
children; lineal
descendants of
the intest a t_e
represent their
parents.
946 CIVIL CODE
A. D. 1902.
"-^^ — one ; but if only one, the remainder shall be vested in that one
absolutely forever.
The lineal descendants of the estate shall represent their
respective parents, and shall take among them the share or
shares to which their parents would have been entitled had
such parent survived the intestate.
A child born alive after death of intestate is entitled to inherit. — Pearson v.
Carlton, i8 S. C, 47. Grandchildren whose father died in lifetime of intestate take
his share. — McClure v. Steele, 14 Rich. Eq., 105. Great grandchildren take per
stirpes. — Payne v. Harris, 3 Strob., 39.
2. When in- 2. If the intestate shall leave no child or other lineal descend-
testate leaves
no child, but ant, but shall leave a widow, and a father or mother, and
a w 1 d o w, ' '
father, or brothers and sisters, or brother or sister, of the whole blood,
mother, broth- ' /
ers or sisters the cstate, real and personal, of such intestate shall be dis-
of the whole .
blood, children tributcd in the following: manner, that is to say : the widow
of brot hers . ,
and sisters of shall bc entitled to one moiety thereof, and the other moiety
thewhole -' ..,,,j
blood repre- shall bc equally divided amongst the father, or, if he be dead,
ent; when in- the mothcr and the brethren of the whole blood; so that such
no parent, but father or mother, as the case may be, and each brother and
brothers 'andsistcr, shall reccivc an equal share thereof. The children of a
when intestate dcccascd brother or sister of the whole blood to take among
ow and father them the sharc which their parent would have been entitled
no b r o t'hers to had such parent survived the intestate : Provided, That there
" be no representation admitted among collaterals after brothers'
and sisters' children.
Grandchild of deceased brother or sister does not take in right of representa-
tion.— Poang V. Gadsden, 2 Bay, 293. Nor does child of deceased nephew. — North
V. Valk, Dud. Eq., 212. Nephews and nieces take per stirpes. — Stent v. McLeod,
as Ex'ors., 2 McC. Eq., 354. Amendment by Act 1851; XII., 80; O'Neale v.
Dunlap, II Rich., 405.
If the intestate leave no father or mother, the provision made
in this subdivision for such parent shall go as the rest of the
estate is directed to be distributed therein.
If the intestate shall not leave a child or other lineal descend-
ant, or brothers or sisters, one or more of the whole blood, or
the children of a brother or sister of the whole blood, but shall
leave a widow and a father or mother, the widow of the intestate
shall be entitled to one moiety of the estate, and the father,
testate d 0 e s or if he be dead, the mother, to the other moiety.
not leave lin-
e a 1 descend- Trapp v. Billings, 2 McC. Eq., 403.
mother, but 3. If the intestate shall not leave a lineal descendant, father,
a n^d^ bTOth°eTs or mother, but shall leave a widow and brothers and sisters,
b'rot'h^e"' or or brother or sister of the whole blood, the widow shall be en-
who% b°i cod! titled to one moiety of the estate, and the brothers and sisters,
one°moieV- ^ ^ ^^ brother or sister, to the other moiety as tenants in common.
1791, v., 163.
OF SOUTH CAROLINA.
The children of a deceased brother or sister shall take among
them respectively the share which their respective ancestors
would have been entitled to had they survived the intestate.
4. If the intestate shall leave no child or other -lineal descend- , t" y^^^P- '^^'
^ testate leaves
ant, father, mother, brother or sister of the whole blood, but" °, '=^'''^,. °^
' 5 ■> J 'other lineal
shall leave a widow and a brother or sister of the half blood, ^l^^^^^ '^ \F '■
' father, mother,
and a child or children of a brother or sister of the whole blood, brother or sis-
'ter of the
the widow shall take one moiety of the estate, and the other y''ii°^,^ blood,
■^ ' but leaves wid-
moiety shall be equally divided between the brothers and sisters °^^' ^"4 broth-
■J ^ ■> er or sister of
of the half blood, and the children of the brothers and sisters half blood, and
' a child of a
of the whole blood, the children of every deceased brother and ^^t'^^'' i"^, 1'^'
' -' terofthe
sister of the whole blood taking among them a share equal to^^'}^°^^ ^1°°.^'
'-' o T. when no broth-
the share of a brother or sister of the half blood. If there be ^i'' °f s'^ter of
half blood.
no brother or sister of the half blood, then a moiety of the^^^^ — ig^TT
estate shall descend to the child or children of the deceased
brother or sister of the whole blood, taking by representation
of the parent, and if there be no child of a brother or sister of
the whole blood, then said moiety shall descend to the brothers
and sisters of the half blood.
Brothers and sisters of half blood do not take when there are those of whole
blood. — Wren v. Carnes, 4 Dess., 405; Hagermeyer v. City Council, Riley Ch.,
177. Xor when intestate left a mother. — Lawson v. Perdriaux, i McC, 456.
Brothers and sisters of the half blood and children of predeceased brothers and
sisters of the whole blood do not take equally; each of the former take an equal
share, and each set of such children a like share, among them. — Felder v. Felder, 5
Rich. Eq., 509. Brother of half blood excludes children of predeceased brother
of half blood. — Ex parte Mays, 2 Rich., 61.
5. If the intestate shall leave no child, or other lineal des- testate leaves
cendant, father, mother, brother or sister of the whole blood other li n e a i
or their children, or brother or sister of the half blood, then father, mother,
1 -1 1111 • 111-1 • r brother, or sis-
the Widow shall take one moiety, and the Imeal ancestor, if ten
any there be, the other moiety. 1791, v., les
6. If the intestate shall leave no child or other lineal descend- ^- Y^}^^^^ ^id
ow takes two
ant, father, mother, brother or sister of the whole blood, nor thirds.
child of such brother or sister of the whole blood, nor brother ^^•
or sister of the half blood, or lineal ancestor, the widow shall
take two-thirds of the estate, and the remainder shall descend
to the next of kin.
In reckoning the degrees of kindred, the computation shall
begin with the intestate and be continued up to the common
ancestor, and then down to the person claiming kindred in-
clusively, each step inclusively being reckoned as a degree.
Maternal aunt inherits before children of paternal uncle. — Shaffer v. Nail, 2
Brev., 160; Gilbert v. Hendrix, 2 Brev., 161. Uncle and aunt of half blood ex-
clude first cousins of whole blood. — Karwon v. Lowndes, 2 Dess., 210; Perry v.
Logan, 5 Rich. Eq., 202. Kin in fifth degree exclude those of sixth degree. —
948 CIVIL CODE
A. D. 1902.
^•~— "^v-^^-^ Witsell V. Linder, 3 Dess., 481. First cousins of the whole and half blood are
equal kin and share alike. — Edwards v. Barksdale, 2 Hill Ch., 416. Generally, the
half blood, except where otherwise specially provided, takes with the whole blood
in the same degree. — Edwards v. Barksdale, Riley Eq., 16.
7. If intes- 7. If the intcstate shall leave no widow, the provision made
tate leaves no ' . ,■ 1 t
widow. for her shall go as the rest of the estate is directed to be dis-
ib. tributed in the respective clauses in which the widow is pro-
vided for.
8. If intes- 8. On the death of a married woman intestate, the husband
ried woman, shall be entitled to the same share of her estate as is herein
1885, XIX., given to the widow out of the estate of the husband, and the
remainder of her estate shall be distributed among her descend-
ants and relations in the same manner as is directed in case of
the intestacy of a married man.
Matheney v. Guess, 2 Hill Ch., 63.
9. If intes- 9. If the iutcstatc leave no husband, the provision herein
husband. made for him shall go as the rest of the estate is directed to
1826, VI., 285. be distributed in the preceding clauses.
10. When 10. If any married person shall die without leaving any child
band'^shaii i'n- or Other lineal descendant, father, mother, brother or sister of
estate. ^ * ° ^ the wholc blood, or their children, or brother or sister of the
1797, v., 49. half blood, or lineal ancestor, or next of kin, then the wife
284, '§§ i,'2. " shall inherit from the husband, and the husband from the wife,
the whole of the real and personal estate of which the other
died seized or possessed, was interested in or entitled unto.
Persons by force of this Statute. — North v. Valk, Dudley Eq., 212. Rights of
posthumous children. — Pearson v. Charlton, 18 S. C, 47. Discharge of dis-
tributee in bankruptcy. Effect on claim of estate against him. — Wilson v. Kelly,
16 S. C, 216. Generally as to Act 1791, Section 2368. — Rights under, do not
vest in possession immediately upon death of intestate; but in interest only. —
Speight V. Meigs, i Brev., 486; Rabb v. Aiken, 2 McC. Ch., 118. But are then
fixed. — Teague v. Dendy, 2 McC. Ch., 207. It did not make any change of the
law as to bastards. — Barwick v. Gale, 4 Dess., 434. It abolished courtesy of hus
band in fee simple estate of wife. — Gray v. Givens, 1 Hill Ch., 511; Withers v,
Jenkins, 14 S. C, 597; Gaffney v. Peeler, 21 S. C, 55. But not in her fee con
ditional estate. — Wright v. Herron, 5 Rich. Eq., 44; Gaffney v. Peeler, 21 S. C.
55. (Estate of tenancy by courtesy was abolished by Act of 1883, XVIII., 339
Sec. 2670 of this Code.) Leasehold estates are distributable under it. — Payne v
Harris, 3 Strob., 39. Has no application to legal estates in trust property, and
estate of trustee descends to his heir at law. — Martin v. Price, 2 Rich. Eq., 412.
Contingent remainders and executory devises are distributable under it among
heirs existing at death of person entitled in expectancy. — Hicks v. Pegues, 4 Rich.
Eq., 413. The meaning of the word "heirs." — Dukes v. Faulk, 37 S. C, 264; 16
S. E., 122. Statute applies only where ancestor dies entirely intestate. — Richard-
son V. Sinkler, 2 DeS., 127; Snellgrove v. Snellgrove, 4 Ih., 27^. Devise to
heirs of testator. — Seabrook v. Seabrook, i McMul. Eq., 201.
inh^rft''as nat^ ^^^' ^^^^' ^^^^ ^^^ personal property of every description
urai born citi- j^^y j^g taken, acquired, held, and disposed of, by an alien in
— Q — ^ — ^^ the same manner in all respects as by a natural born citizen ;
S'72 ^'xv^ W ^"^ ^ ^^^^^ ^^ ^^^^ ^^^ personal property of every description
OF SOUTH CAROLINA. 949
A. D. 1902.
Alien wid-
ows.
may be derived from, through, or in succession to an ahen, in
the same manner, in all respects, as through, from, or in suc-
cession to a natural born citizen.
Hume V. Ins. Co., 23 S. C, 190.
Sec. 2470. If any citizen of the United States shall die seized
possessed of, or interested in, any land or real property situated g. s. i848;
. and being within this State, and leave a widow born without S72,^xv.! W.
the limits of the United States, and who has not been natural-
ized, such widow shall be entitled to all the same rights, in-
terest, and estate in and to such land and real property, and be
possessed of the same powers, privileges, and capacities to hold,
enjoy, convey, and transmit the same, as if she were naturalized.
Sec. 2471. Nothing herein contained shall be construed tobe^lquln/ di^
give to any child or issue (or his or her legal representatives) Idtat' c^e'^d'°by
of the intestate, a share of his or her ancestor's estate, where deducted.*" ^^
such child or issue shall have been advanced by the intestate g. s. i849;
in his life-time by portions or portion equal to the share which ||' ^'23' cf %
shall be allotted to the other children. But in case any child, 52i^\^l]\79i,
or the issue of any child, who shall have been so advanced, shall ^" ^^' ^ ^'
not have received a portion equal to the share which shall be
due to the other children, (the value of which portion being
estimated at the death of the ancestor, but so as that neither the
improvements of the real estate by such child or children, nor
the increase of the personal property, shall be taken into the
computation,) then so much of the estate of the intestate shall
be distributed to such child or issue as shall make the estate of
all the children to be equal.
Applies to gift by mother as well as to gifts by father. — Rees v. Rees, ii Rich.
Eq., 86. Construed to mean that the estate of the ancestor is to be considered
as a common fund, out of which each child is to draw, at the death, an equal
portion. That part which has been given is to be estimated at its value at death,
relation being had as to its character at time of gift. — McCaw v. Blewit, 2 McC,
90; McDougald v. King, Bail. Eq., 154; Ison v. Ison, 5 Rich. Eq., 15; Young-
blood V. Morton, i Strob. Eq., 122; Manning v. Manning, 12 Rich. Eq., 428; Mc-
Clure V. Steele, 14 Rich. Eq., los- Doctrine of advancements applies solely to
cases of intestacy. — Newman v. Wilbourne, i Hill Ch., 10; McDougald v. King,
Bail. Eq., 154. Or where directed by will. — Allen v. Allen, 13 S. C, 512; Mc-
Fall v. Sullivan, 17 S. C, 512. Interest charged on advancements from time of
distribution or death. — McDougald v. King, i Hill Ch., 10; Ex parte Glenn, 20
S. C, 64. What is an advancement? Gift for pleasure merely, not advancement. — -
Ison V. Ison, 5 Rich. Eq., 15. Parting with the title in the subject advanced is
necessary to make advancement; mere permission to use is not. — Ison v. Ison, 5
Rich. Eq., 15; Rickenbacker v. Zimmerman, 10 S. C, 110; Wilson v. Kelly, 21 S.
C, 535. Note payable after death given to child as advancement to equalize ad-
vancements to others, void. — Ir'riester v. Priester, Rich. Eq., Ca., 26. Money ex-
pended on education of child no advancement. — Cooner v. May, 3 Strob. Eq., 185;
White V. Moore, 23 S. C, 456. Gift of land by deed to child, parent using it for
950 CIVIL CODE
A. D. 1902.
^ -^ V '- ■' life, was advancement as of the date of his death. — Hughey v. Eichelberger, 1 1
S. C, 36. Slaves given and emancipated before intestate's death, no advance-
ment.— Ih.; Ex parte Glenn, 20 S. C, 64; Wilson v. Kelly, 21 S. C, 535. No loss
of advancement, as by emancipation, subsequent to death of intestate, can affect
liability therefor. — Manning v. Manning, 12 Rich. Eq., 410; McClure v. Steele, 14
Rich. Eq., 105; Rickenbacker v. Zimmerman, 10 S. C, 120. A purchase of land
by father for son is presumed to be an advancement. — Catoe v. Catoe, 32 S. C,
595; 10 S. E., 1074. Child receiving advancement not obliged to bring it into
hotchpot, unless he claims further share of the estate. — Hamer v. Hamer, 4 Strob.
Eq., 124. Gift to son treated as advancement as to a grandson. — Rees v. Rees, 11
Rich. Eq., 86. Discharge of bond against son is an advancement. — Ih.; Ex parte
Glenn, 20 S. C, 64. Payment on land for children an advancement. — O'Neale v.
Dunlap, II Rich. Eq., 405. Grandchildren must account for advancement to their
father who died in lifetime of ancestor. — McClure v. Steele, 14 Rich. Eq., 105.
And for advancement made to them, even after death of their parent. — Rees v.
Rees, II Rich. Eq., 86. Insurance for child and premiums therefor are ad-
vancements.-— Rickenbacker v. Zimmerman, 10 S. C, no. Debt by note of son to
father is not an advancement, nor land conveyed to son by father therefor. —
White V. Moore, 23 S. C, 456. What is or is not advancement may depend upon
the circumstances. — Murrell v. Murrell, 2 Strob. Eq., 148; Cooner v. May, 3 ib.,
185; Ison V. Ison, 5 Rich. Eq., 157; McCaw v. Blewit, 2 McC. Eq., 90. But it is
not a question of intention, and mere declaration of donor cannot alter the oper-
ation of the law, either as to the character of the gift or the mode of valuation. —
Youngblood v. Norton, i Strob. Eq., 122; Reese v. Reese, 11 Rich. Eq., 108; Rick-
enbacker V. Zimmerman, 10 S. C, 121; Stokes v. Wallace, 16 S. C, 619. Widow's
third unaffected by advancements to children. — Ex parte Lawton, 3 DeS., 199.
Property not n/iv^n t 1 1 • 1 1 11 1
mentioned i n Scc. 2472. Laiids and pcrsonal property which shall be pur-
— '- chased or otherwise acquired by any person after the making
s. 1850; R. s. of his or her will shall pass thereby, and no person shall be
1984; 1808, V., -i , , . ,. , • , ., , , ,
573, § 2; 1858, considcrcd as havmsf died intestate as to the said lands and
XL, 700, § 1. 1 ^ ^
personal estate.
Applied where will executed before these Acts took effect. — Means v. Evans,
4 Dess., 242; Garrett v. Garrett, 2 Strob. Eq., 272; Bell v. Towell, 18 S. C, 94;
Moore v. Davidson, 22 S. C, 92; Welborn v. Townsend, 31 S. C, 408; 10 S. E.,
96. Under the Act of 1858 there is no room for implied revocation of will, by the
simple act of alteration of the estate. — Scaife v. Thompson, 15 S. C, 337. Whether
Act 1858 changed the rule that makes all devises specific, suggested. — Laurens v.
Reed, 14 Rich. Eq., 256; Moore v. Davidson, 22 S. C, 92; McFadden v. Hefley, 28
S. C, 317; 5 S. E., 812.
of a1oikt"te°ir- Sec. 2473. Where any person shall be, at the time of his or
f!^f^^ her death, seized or possessed of any estate in joint tenancy,
R. s. 19 8 5; the Same shall be adjudged to be severed by the death of the
§5. ' ■' ' joint tenant, and shall be distributable as if the same were a
tenancy in common.
McMeekin v. Bennett, 2 Hill Ch., 638; Varn v. Varn, 32 S. C, 77; 10 S. E.,
829. Section has no effect except in case of the interest actually vested. — Herbe-
Provision for "'""^^ v. Thomas, Cheves. Eq., 21; Ball v. Deas, 2 Strob. Eq., 24.
Tls°^is °to 'be See. 2474. In all cases where provision is made by this Chap-
dowir! ^ " ° * ter for the widow of a person dying intestate, the same shall,
Ih., § 6; G. ^^ accepted, be considered as in lieu of and in bar of dower;
fggf.^^^^-g^-and if she shall have forfeited her dower, she shall also forfeit
XVII. , 525. ]^gi- distributory share of her husband's real estate.
Such provision, if accepted, is in lieu and bar of all dower. — Douglass v. Clarke,
4 Dess., 143; Avant v. Robertson, 2 McM., 215; Buist v. Dawes, 3 Rich. Eq., 281;
Evans v. Pierson, 9 Rich., 9. And the acceptance of her distributive share of
OF SOUTH CAROLINA.
personalty under Act 1891 barred widow's dower. — Evans v. Pierson, 9 Rich., 9.
But under the law then governing, it was held that it did not. — Phinney v. John-
son, 23 S. C, 25. Acceptance of dower by a widow bars her claim as distributee. —
Buist V. Dawes, 3 Rich. Eq., 281; Evans v. Pierson, 9 Rich. L., 12; Glover v.
Glover, 43 S. C., 51; 22 S. E., 739.
TITLE V.
CHAPTER LXVIII.
Of Wills.
Sec.
2475. Who may devise ; persons in-
capacitated to devise their
lands.
2476. Devises shall be in writing,
attested by three or more
witnesses.
2477. Estates pur autre vie devis-
able, shall be assets in heirs'
hands, &c.
2478. Devises of crops on lands.
2479. Subscribing witness not to be
incompetent because of in-
terest.
2480. Creditor may attest the execu-
tion of a will or codicil
charging lands, &c., with
his debt.
2481. Devises to be revoked only by
writing or by being de-
stroyed by testator.
2482. Marriage a revocation, unless
the will contain provisions
for future wife and chil-
dren.
2483. Words of limitation unneces-
sary to convey a fee by
devise.
2484. Posthumous children to re-
ceive equal share.
2485. Provision for children born
after will.
Sec.
2486.
2487.
2488.
2489.
2490.
2491.
2492.
2493.
2494.
2495.
2496.
2497.
2498.
2499.
2500.
Share of child dying in life-
time of testator.
Certain legacies declared void.
Wills fraudulent as against
creditors ; proviso.
Wills, where proved.
Will of a femme covert made
in execution of a power.
Wills, how proved. 1. Com-
mon form. 2. Due form of
law. 3. Proceeding non-
residents.
Proof of signature of sub-
scribing witnesses.
Executor to have affirmative
of issue, will or no will.
Exemplified copies of wills
may be given in evidence ;
proviso.
Foreign probates admitted to
probate upon exemplifica-
tion and certificate ; proviso.
Nuncupative wills exceeding
fifty dollars to be proved
by three witnesses.
Time of proving.
Competency of witnesses.
Kindred to be cited that they
may contest.
Soldiers' and mariners' wills.
Section 2475. Any person having: rig^ht or title to any lands, .wto may de-
;; o o ^ ' vise; persons
tenements, or hereditaments whatsoever, (persons of unsound incapacita t e d
^^ to devise their
mind and infants excepted,) may dispose thereof by will, in lands.
writing, at his or her own free will and pleasure, except as g. s. i85|;
hereinafter provided ; but all wills or testaments made of any & 35 h. s' c.
' . . . . 5; 1712, II.,
lands, tenements, or other hereditaments, by any person within s si, §§ s-ii;
the age of twenty-one years, idiot, or by any person de non sane § 2; iTsg, vi.,
memory, shall not be taken to be good and effectual in law.
CIVIL CODE
Municipal corporations may take by devise. — Mcintosh v. City of Charleston,
45 S. C, 584; 23 S. E., 943. A minor of eighteen can make a will of personalty,
as this Section only restricts such right as to realty. — Posey v. Posey, 3 Strob.,
167. Any form of words that expresses intention to dispose of estate at death is
a will. — Lyles v. Lyles, 2 N. & McC, 531; Brown v. Shand, i McC, 409; Mc-
Gee V. McCants, i !McC., 517; Kinard v. Kinard, Speer Eq., 256. Provided it be
formally executed. — Carter v. King, 11 Rich., 125.
Devises shall Scc. 2476. All wills and testaments of real and personal prop-
be in writing,
a 1 1 e s t ed by ertv shall be in writing, and sis'ned bv the party so devisinsf
three or more ' . " . .
witnesses. the Same, or by some other person in his presence and by his
G. s. 1354; express directions, and shall be attested and subscribed in the
R. S. 198S; 29 ^
c. 2, c. 3; presence of the said devisor, and of each other, by three or
1712, IT., 526, ^ . ' -' .
§ 5; 1789, v., morc Credible witnesses, or else they shall be utterly yoid and
106, § 2; 1S24, -^
VI., 238, § 8. of none effect.
Must be in writing, except nuncupative wills as prescribed by this Chapter. —
Ex parte Turner, 24 S. C, 214. As to signing by testator, may be by his mark. — •
Wright v. Lewis, 3 Strob., 302. He must sign in presence of the witnesses or so
acknowledge his signature. — Turnipseed v. Hawkins, i McC, 2'/2% Black v. Ellis,
3 Hill, 68; Tucker v. Oxner, 12 Rich., 141. Blind testator may sign by his mark
on the will. — Ray v. Hill, 3 Strob., 297. Or otherwise show his cognizance of
contents. — Harleston v. Corbett, 12 Rich., 604. As to undue influence. — O'Neale
V. Farr, i Rich., 8; Floyd v. Floyd, 3 Strob., 52; Means v. Means, 5 Strob., 9;
Means v. Means, 6 Rich., i. It is a question of fact for jury. — Thompson v. Farr,
1 Speer, 103; Martin v. Teague, 2 Speer, 265. That question is whether testator
was a free agent; and each case depends upon its circumstances. — Thompson v.
Farr, i Speer, 103. There must not only be proof of influence, but that it was
brought to bear on execution of the will. — Ih. As to witnesses, two witnesses not
sufficient. — Dunlap v. Dunlap, 4 Dess., 305. Since Act of 1824, wills of both realty
and personalty are required to have three witnesses. — Houston v. Houston, 3 McC,
491; Johnson v. Clarkson, 3 Rich. Eq., 305. The three alleged witnesses to a
lost will must be proved; jury cannot say another subscribed in place of one who
denied it. — Bauskett v. Keitt, 22 S. C, 195. Credible means competent at the
time. — Garland v. Crow, 2 Bail., 24; Taylor v. Taylor, i Rich., 531; Workman v.
Dominick, 3 Strob., 589; Noble v. Burnett, 10 Rich., 505; Harleston v. Corbett,
12 Rich., 604. Witness may attest by his initials. — ^Adams v. Chaplin, i Hill Ch.,
265. It is imperative that witnesses sign in presence of testator — where he may
see them; otherwise will is void. — Reynolds v. Reynolds, i Speer, 253; Wright v.
Lewis, 5 Rich., 212; Tucker v. Oxner, 12 S. C, 141. Prior to amendment of Sec-
tion in 1882, they need not have signed in presence of each other. — Tucker v. Ox-
ner, 12 S. C, 141. If testator be blind and witnesses attest within reach of his
senses, it is sufficient. — Ray v. Hill, 3 Strob., 297. They are also to help deter-
mine the capacity of the testator. — Heyward v. Hazard, i Bay, 335. Generally,
no formal publication of will, or even declaration of the nature of the instrument,
is necessary. — Black v. Ellis, 3 Hill, 68; Verdier v. Verdier, 8 Rich., 135. Wills
of personalty must be executed according to law governing at death. — Houston v.
Houston, 3 McC, 491; in re Elock, 4 McC, 39. As to attestation: Ex parte
Brock, 37 S. C, 348; 16 S. E., 38; Kaufman v. Caughman, 49 S. C, 159; 2y S. E.,
16. In re Crawford's will, 46 S. C, 299; 24 S. E., 69. Signing by another. — Ex
parte Leonard, in re Bowen's estate. — 39 S. C, 518; 18 S. E., 216.
au^!^^e\lZ See. 2477. Any estate for the life of another shall be de-
assets in^heir^s^ visablc by a will in writing, signed by the party so devising the
hands, &c. same, or by some other person in his presence and by his ex-
R.^s t'psg^'^i^ P^€-''S directions, attested and subscribed in the presence of the
rhi \i ^' 597' devisor by three or more witnesses ; and if no such devise
^ ^^- thereof be made, the same shall be chargeable in the hands
of the heir, if it shall come to him by reason of a special occu-
OF SOUTH CAROLINA. 953
A. D. 1902.
pancy, as assets by descent, as in case of lands in fee simple;
and in case there be no special occupant thereof, it shall go to
the executors or administrators of the party that had the estate
thereof by virtue of the grant, and shall be assets in their
hands.
Sec. 2478. Any widow may bequeath by will the crop or ^^.^p^j^^^ f^^^°f
crops standing or growing on the grounds of her dower, or ^ g ^g^g.
on other lands planted for her use. ^33 ^jjj^ ^ 3^2'
Sec. 2479. No subscribing witness to any will, testament, § *•
or codicil, shall be held incompetent to attest or prove the same^^Sub^^^cnbi^ng
by reason of any devise, legacy, or bequest therein in favor of ^°^^^^^ because
such witness, or the husband or wife of such witness, or byof interest.
reason of any appointment therein of such witness, or the hus- ^^ G.^ ^1 Jg^J:
band or wife of such witness, to any office, trust, or duty; and i865, x 1 1 1.,
sudi devise, legacy, or bequest shall be valid and effectual, if
otherwise so, except so far as the property, estate, or interest
so devised or bequeathed shall exceed in value any property,
estate, or interest, to which such witness, or the husband or
wife of such witness, would be entitled upon the failure to es-
tablish such will, testament, or codicil; but, to the extent of
such excess, the said devise, legacy, or bequest, shall be null
and void ; and such appointment shall be valid, if otherwise so,
but the person or persons so appointed shall not, in such case,
be entitled by law to take or receive any commissions or other
compensation on account thereof.
Where devisee of life estate is a witness the remainders are accelerated and
take effect at once. — Key v. Weathersbee, 43 S. C, 414; 21 S. E., 324. Legatee
competent witness, if he have equal or greater interest against the will. — Garland
V. Crow, 2 Bail., 24. As to rule prior to enactment of this Section in 1865, see
Henderson v. Kenner, i Rich., 474; Taylor v. Taylor, i Rich., 533; Workman v.
Dominick, 3 Strob., 530. Generally. — Richardson v. Richardson, Dud. Eq., 184; attest the exe-
Henderson v. Kenner, i Rich., 474; Taylor v. Taylor, i Rich., S3i; Filson v. Fil- cution of a
son, 3 Strob., 288; Workman v. Dominick, 3 Strob., 589; Cannon v. Setzler, 6 J^^j^ fn-^lands^
Rich., 471; Mathis v. Guffin, 8 Rich. Eq., 79; Noble v. Burnett, 10 S. C, 505; Sic, w-ith his
Harleston v. Corbett, 12 Rich., 604. debt.
Sec. 2480. In case by any will or codicil any lands, tenements, ^ g^ ^992^^2!
or hereditaments, shall be charged with any debt or debts, and G. 2 c.^ 6; 11.,
any creditor whose debt is so charged shall attest the execution ' .
-^ "^ . • 1 J- Devises to be
of such will or codicil, every such creditor, notwithstandmg revoked only
.by writing or
such charge, shall be admitted as a witness to the execution of by being de-
° . . stroyed by tes-
such will or codicil. tator.
Sec. 2481. No will or testament, in writing, of any real or g. s. is59;
R. S. 1993' 29
personal property, or any clause thereof, shall be revocable but c. 2, c. ' s;
..... . . 1 . . 1 1712, II., 526,
by some other will or codicil m writing, or other writing de- § 6; i7S9, v.,
; . , , , , ., , . ^, .^ 107, §3; 1824,
clanng the same, attested and subscribed by three witnesses as vi., 238, § 9.
CIVIL CODE
aforesaid, or by destroying or obliterating the same by the tes-
tator himself, or some other person in his presence, and by his
directions and consent.
As to revocation by written instrument. — Legate v. Ash, i Bay, 464; John-
son V. Brailsford, 2 N. & McC, 272; Taylor v. Taylor, 2 N. & McC, 482; O'Neall
V. Farr, i Rich., 80; Peeples v. Smith, 8 Rich., 90; Godbold v. Vance, 14 S. C,
475. By destroying. — Johnson v. Brailsford, 2 N. & McC, 2.T2\ Durant v. Ash-
more, 2 Rich., 184; Watkins v. Watkins, 13 Rich., 66; Bauskett v. Keitt, 22 S. C,
192. By obliteration. — Pringle v. McPherson, 2 Brev., 279; Pringle v. McPherson,
2 Dess., 524; Means v. Moore, Harp., 314. By change of property. — Scaife v.
Thompson, 15 S. C, 353; Prater v. Whittle, 6 S. C, 44. Revocation must be
intended to be effectual. — Johnson v. Brailsford, 2 N. & McC, 272; Taylor v. Tay-
lor, 2 N. & McC, 482; Means v. Moore, Harp., 314; O'Neall v. Farr, 1 Rich., 80;
Durant v. Ashmore, 2 Rich., 184. Such intention may be implied. — Scaife v.
Thompson, 11 S. C, 353. Devised lands conveyed to devise, and reacquired by
devisor. — Gregg v. McMillan, 54 S. C, 378; 32 S. E., 447.
revoM^tion^n^ S^^- 2482. If any person making a will shall afterwards
cont af n^pro- ^"'^^^O'j ^"^ die, leaving his widow or leaving issue of such mar-
ture°"wife'^ and ^^^&^' unless the will shall have been made in contemplation
children. q£ marriage expressed on its face, and shall contain a provision
R. % \^f't'- ^o"" future wife and children, if any, it shall be deemed and
1789, v., 107, j-^i^gi^ j-Q bg a. revocation to all intents and purposes.
Words of ^^^' 2483. No words or limitation shall be necessary to con-
nece^s'a r "to ^'^^ ^" cstatc in fcc simplc by devise, but every gift of land by
b°'^devise ^^^ dcvisc shall be considered as a gift in fee simple, unless such a
G s 5^^ construction be inconsistent with the will of the testator, ex-
Sk,^ VL,^ \zi, pressed or implied.
s ■'•• Applied in Haynesworth v. Goodwin, 35 S. C, 54; 14 S. E., 491. This Section
is retroactive. — Hall v. Goodwyn, 4 McC, 442; Peyton v. Smith, 4 McC, 476;
Dunlap V. Crawford, 2 McC. Ch., 171; Bowers v. Newman, 2 McM., 472.
chTidrJ^nTo re^ ^®°' ^484. If no provision shall be made by the will of the
sw ^ '^ " ^ ^ testator for any child or children that may be born after his
— ^ — s 1S63- death, such child or children shall be entitled to an equal share
J^ggS-^i9 9^;Qf all real and personal estates given to the other child or chil-
1^; 1858, XII., dren, who shall contribute to make up such share or shares ac-
700, g 1, ■'■
cording to their respective interests or portions deriving to them
under such will.
Talbird v. Verdier, i Dess., 592; Burke v. Wilder, i McC. Ch., 551; Myers y.
Provision for ^^^^'^^' ^ McC Ch., 214; ex parte Wamer, Dud. Eq., 154; ex parte Warren, Chev.
children born Eq., 44.
^ Sec. 2485. Any child or children of any person, which may be
R. s. 19 9 7; bom after the making and executing the last will and testament,
§ 1. ' " ' but previous to the decease of such person, shall be provided for
Share of ^""^ ^7 ^hc preceding Section.
child dying in Richardson v. Sinkler, 2 Dess., 127; Ewing v. Ewing, 2 Dess., 451; McLemoje
lifetime of Blocker, Harp. Eq., 137; Heath v. Heath, 2 Hill Ch., 100.
testator. . i' 1 . 0/ , , .
Q 5 ^ggg. Sec. 2486. If any child should die in the lifetime of the father
nsQ^'v'^^io?' °^ rnother, leaving issue, any legacy of personalty or devise of
xviii ^ 325 ^' ^^^^ estate given in the last will of such father or mother shall
OF SOUTH CAROLINA.
go to such issue, unless such deceased child was equally por-
tioned with the other children by the father or mother when
living.
Mathis V. Hammond, 9 Rich. Eq., 137; Pegues v. Pegues, 11 Rich. Eq., 554;
Rountree v. Rountree, 26 S. C, 450; 2 S. E., 474. But prior to the amendment
of 1883 a devise of land lapsed; the Section was restricted to legacies. — Pratt v.
McGhee, 17 S. C, 428; Logan v. Brunson, 56 S. C, 7; 33 S. E., 737. The term
children does not include grandchildren and great-grandchildren. — lb.
Sec. 2487. If any person who is an inhabitant of this State, c i e^s deciar^ed
or who has any estate therein, shall beget any bastard child, orl°i-:
shall live in adultery with a woman, the said person having a r. s. 1 9 9 oJ
wife or lawful children of his own living, and shall give, by §'9;' 1795, v.',
legacy or devise, for the use and benefit of the said woman with ~'^'
whom he lives in adultery, or of his bastard child or children,
any larger or greater proportion of the real clear value of his
estate, real or personal, after paying of his debts, than one-
fourth part thereof, such legacy or devise shall be null and void
for so much of the amount or value thereof as shall or may ex-
ceed such fourth part of his real and personal estate.
The gift, or devise, while voidable as to the excess over one-fourth, is a par-
ticular estate sufficient to support a remainder. — Beaty v. Richardson, 56 S. C,
173; 34 S. E., 73. Adultery is the illicit intercourse of two persons, one of whom,
at least, is married. — Hull v. Hull, 2 Strob. Eq., 174. So a divorced husband may
give to a single woman more than one-fourth of his estate. — lb. Such gift is void-
able only at instance of lawful wife and children. — lb.; Powers v. McEachern,
7 S. C, 290. Legacy in trust. — Gore v. Clark, 37 S. C, 537; 16 S. E., 614.
Sec. 2488. All wills and testaments, limitations, dispositions, duient '^as
or appointments, of or concerning any lands, tenements, or he- tfrsT pro^so. '
reditaments, or of any rent, profit, term, or charge out of the g. s. i867;
same, whereof any person or persons, at the time of his, her, or '
their decease, shall be seized in fee simple, in possession, re-
version, or remainder, or have power to dispose of the same, by
his, her, or their last wills and testaments, shall be deemed and
taken (only as against such creditor or creditors as aforesaid,
his, her, and their heirs, successors, executors, administrators,
and assigns, and every of them), to be fraudulent, and clearly,
absolutely, and utterly void, frustrate, and of none effect; any
pretence, color, feigned or presumed consideration, or any other
matter or thing, to the contrary notwithstanding: Provided,
"^ Rr i \V &
That where there has been or shall be any limitation or ap-M., c. i4; 1712,
pointment, devise or disposition, of or concerning any lands, 2, 1
tenements, or hereditaments, for the raising or payment of any
real and just debt or debts, or any portion or portions, sum or
sums of money, for any child or children of any person, other
than the heir at law, according to, or in pursuance of, any mar-
riage contract or agreement in writing bona Ude made before
956 CIVIL CODE
A. D. 1902.
^~""^ ' such marriage, the same and every of them shall be in full force ;
and the same lands, tenements, and hereditaments, shall and
may be holden and enjoyed by every such person or persons,
his, her, and their heirs, executors, administrators, and assigns,
for whom the said limitation, appointment, devise, or disposition
was made, and by his, her, and their trustee or trustees, his, her,
and their heirs, executors, administrators, and assigns, for such
estate or interest as shall be so limited or appointed, devised or
disposed, until such debt or debts, portion or portions, shall be
raised, paid, and satisfied.
Brock V. Kirkpatrick, 60 S. C, 322; 38 S. E., 784.
Wills, where gec. 2489. Wills shall be proved before the Judge of Probate
proved. ^ _ .
— - — T — ——7 of the County where the testator resided ; or, he having no place
R. s. 2 0 01; of residence within the State, in the County where the greater
1789, v., 108, ' -' °
§ 12: 1839, XL, part of his estate mav be.
.59, § 10; 1868, ^
XIV., 77, § 6. /" re Maj-o's estate. — 60 S. C, 401; 38 S. E., 636.
Will of a Sec. 2490. The probate, before the proper Judge of Probate,
madrin execu- of auv last will and testament of a femme covevt, heretofore or
power. hereafter made in the execution of a power, shall be good, suf-
G. s. 1869; ficient, and effectual in law, in the same manner, and to the same
"D 0 0 n A 9 .
1866, 'x 1 1 1.! extent as if the testatrix was a feniine sole, and a devise or be-
quest under such will shall be admitted in evidence in the same
manner, and have the same effect in the Courts of law in this
State, as if no coverture existed at the time of the making
thereof.
Burkett v. Whittemore, 36 S. C, 428; 15 S. E., 616.
proved' ^ ° "^ Sec. 2491. When a paper is offered before a Judge of Probate
G. s. 1870; as the last will and testament of a person deceased, he may ad-
R. s. 2003. ^j^ j^ ^^ probate in either of the following forms, that is to say :
The admission of a will to probate merely establishes the fact that it has been
made as required by Statute. — Burkett v. Whittemore, 36 S. C, 428; 15 S. E., 616.
form*^"™™ ° "^ I -Without citing or calling before him such as have interest,
18.39 XI 59 ^^ ™^y examine one of the subscribing witnesses thereto, or, in
§ II- case of their death, or their removal from the State, by proof
of the handwriting of the testator or testatrix and of the sub-
' scribing witnesses, or any other secondary evidence admissible
and sufficient by the rules of the common law ; and if such proof
shall satisfy the Judge of Probate that the paper is the last will
and testament of the deceased, he shall admit it to probate in
common form.
Ordinary on application for probate of will in solemn form can revoke pro-
bate in common form by his predecessor. — Gibson v. Brown, i N. & McC., 326.
To complete probate, letters testamentary must be granted. — In re Drayton, 1
McC., 46.
OF SOUTH CAROLINA. 957
~~ A. D. 1902.
2. Probate in common form shall be good, unless some person '^— ^v — '
or persons interested to invalidate the said paper as a will shall ^^^^^^ ^"""^
give notice to the Judge of Probate, within four years next after 1339 xi 59
such probate, (or, if any party interested therein be subject to§ i^-
the disability of infancy, then, within four years next after such
disability removed,) that he, she, or they do require it to be
proved in due form of law, which is as follows : the Judge of
Probate shall require the party producing the will for probate to
prefer a petition in writing, praying to be permitted to swear
and examine witnesses upon the same, for the publishing or
confirming thereof; and, thereupon, all such persons as would
have been entitled to distribution of the estate, if the deceased
had died intestate, shall be summoned to answer the petition, in
like manner as is provided for the summons of parties to civil
actions in the Courts of Common Pleas ; whereupon he shall,
after swearing all the subscribing witnesses to the same, proceed
to examine severally, and to take down in writing such deposi-
tions of other witnesses as are made for or against the confirma-
tion of the will, upon all matters touching its legal validity, or
formal execution ; and, in case the proof be sufficient, he shall,
by his decree, pronounce for the validity of the will.
Acquiescence in probate in common form for four years thereafter, or after
removal of disabilities, will bar this proceeding. — Kinard v. Riddlehoover, 3 Rich.,
258; Ward V. Glenn, 9 Rich., 127. Non-resident next of kin ignorant of the will
permitted to litigate it for fraud, after probate. — McDowell v. Peyton, 2 Dess., 313.
If no executor or administrator, parties interested in sustaining the will may be
required to so prove the will. — lb. Will established thus, and confirmed on 'ap-
peal, cannot be disturbed by Court of Equity. — Irby v. McCrane, 4 Dess., 422.
Probate Court cannot construe will on such application — only determines execution
and capacity. — Prater v. Whittle, 16 S. C, 40. And lapse of four years thereafter
will not bar the right to dispute the validity of provisions of the will. — Craig v.
Beatty, 11 S. C, 375. As to validity — subscribing witnesses ar^ to testify to ca-
pacity of testator. — Heyward v. Hazard, i Bay, 335. Generally, as to capacity. —
Palmer v. Mikell, 2 Dess., 342; Hutton v. Blalock, 2 Mill, 231; Lee v. Lee, 4
McC, 183; Tompkins v. Tompkins, i Bail., 92; Black v. Ellis, 3 Hill, 68; Boyd v.
Boyd, 3 Hill, 341; Martin v. Teague, 2 Speer, 260; McNinch v. Charles, 2 Rich.,
229; Jones v. Harris, 3 Rich., 14; Wright v. Lewis, 5 Rich., 212; Butler v. Jen-
nings, 8 Rich. Eq., 87; McKnight v. Wright, 12 Rich., 232; Jeter v. Tucker, i
S. C, 245. Undue influence. — Tillman v. Hatcher, Rice, 271; Farr v. Thompson,
Cheves, 37; Thompson v. Farr, i Speer, 93; Martin v. Teague, 2 Speer, 260; Farr
v. O'Neale, I Rich., 80; Floyd v. Floyd, 3 Strob., 44; Woodward v. James, 3
Strob., 552; Means v. Means, s Strob., 167; lb., 6 Rich., i; Kirkwood v. Gordon,
7 Rich., 479; Joliffe v. Fanning, 10 Rich., 186. Invalidity, on legal grounds. —
Joliffe V. Fanning, 10 Rich., 186. As to execution — all witnesses must be sworn. —
Wooster v. Wooster, 4 Rich., 409. Testator's signature need not be proved by
each witness; sufficient if proved by others. — Welch v. Welch, 9 Rich., 133. If
witnesses deny their attestation, other clear proof of execution admissible. — Pear-
son v. Wightman, i Mill, 336; Howell v. House, 2 Mill, 80. Proof of execution
does not determine its construction. — Prater v. Whittle, 16 S. C, 46. As to ver-
bal instructions before execution. — Whitlock v. Wardlaw, 7 Rich., 453. When
will not produced. — Watkins v. Watkins, 13 Rich., 66.
CIVIL CODE
3. When the person producing said will for probate is a non-
. I'roceeding s j-gsident of tlic State, or cannot after due diligence be found
mcasesot ' '-'
non-residents, within the State, and that fact appears by affidavit to the satis-
18 9 1, XX., faction of the Probate Judge, and it in like manner appears that
there is cause for the commencement of proceedings for the pro-
bate of said will in solemn form, the said Probate Judge may
Sfrant an order that a summons requiring the filing of the pe-
Summons to *= -1 ?= & f ^
be issued. tition herein provided for be served on such absent or non-resi-
How served, d^iit pcrsou by publication in such manner and for such period
and with like force and effect as provided by law in regard to
the publication of summons in civil actions. If such absent or
Proceeding s non-rcsidcnt person shall fail or neglect to file his or her peti-
tobehad ^ .f= ^
where no one tiou pursuaut to Said sumuions within twenty days after the ex-
appears.
piration of the period of publication thereof, it shall be lawful
for the Probate Judge, upon application by the party or parties
moving in the proceedings, to enter judgment pro confesso
against such absent or non-resident person, and to issue a sum-
mons to all such persons as would have been entitled to share
in the distribution of the estate if the deceased had died intes-
tate, requiring them to attend at the said Court on a day therein
fixed. And such further proceedings shall thereupon be had
as provided by paragraph 2 of this Section.
Proof of sig- Sec. 2492. Upon occasion of proving a will in solemn form,
natures of ^ r-r-ii 11
subscr i b i n g if it appear to the Judge of Probate that the witnesses to the
Witnesses ^ »_>
'- will, or any of them, are dead, or insane, proof of the handwrit-
187 1; R. s! ing of the witnesses so dead or insane, and of the handwriting
of the testator, shall be admitted by the Judge of Probate as
prima facie evidence that the testator did execute the will in
question, in the presence of the witnesses thereto.
Hopkins v. DeGraffenreid, 2 Bay, 187; Hopkins v. Albertson, 2 Bay, 484;
Sampson v. White, i McC, 74; Duncan v. Beard, 2 N. & McC, 400; Wooster v.
^^'ooster, 4 Rich., 409; Verdier v. Verdier, 8 Rich., 135.
ha v''e''affirmi°- Scc. 2493. In all trials upon appeals from the Probate Court,
wm or^no' wm! in which the question of will or no will is in issue, the executor
7b 60 §13- or parties propounding the will shall be admitted to open the
. s. 1' -'
S. 2005.
G. s.^1872; R- (.^gg^ ^^^ I-q fgply in evidence and argument.
In re Brock, 37 S. C., 348; 16 S. E., 38.
Farr v. Thompson, i Speer, 93; Floyd v. Floyd, 3 Strob., 44; Jones v. Harris,
3 Rich., 14; Means v. Means, 6 Rich., i; Watkins v. Watkins, 13 Rich., 66. Such
issue is tried de novo. — Peeples v. Smith, 8 Rich., 90; Prater v. Whittle, 16 S. C,
46. But it must be tried by the Court, and issue of fact can only be referred to
the jury under Circuit Court Rule 28. — Ex parte Apeler, 35 S. C, 417; 14 S. E.,
931. As to costs. — McNight v. Wright, 12 Rich. Eq., 229; Bennett v. Mathewes,
5 S. C, 478.
OF SOUTH CAROLINA. 959
- A. D. 1902.
Sec. 2494. In all actions, exemplifications of wills under the ' ^'^^
hand of the Judge of Probate and seal of the Court in which .^pferof ' wfiis
such will may have been admitted to probate, or under the hand j^^y ^}^|^ g^Jj
and seal of any other officer who has legal possession of the p^°^'^°-
same, shall be admissible in evidence in any of the Courts of r.%.^-2 fl%
this State, whether the same may regard the title to real or ^^^^ 9| / ^ o i;
personal property: Provided, The party offering such exem-i823,_ vi.,^ 209,
plification shall give to the opposite party, or his Attorney, at xm., ^12, § 3.
least ten days' notice of such intention previous to the trial.
See also Section 2408, post. _
The probating of the will is necessary as evidence only.— Stacher v. Gnce, 53
S. C, 126; 31 S. E., 3. Copy as evidence. — Counts v. Wilson, 45 S. C, 571; 23
s! E.', 942.' Probate Judge presumed to have received proof of will before allow-
ing executors to act under it. — Ih.
This Section intended to obliterate distinction between the effect of a probate
as to bequests and devises.— Rumph v. Hiott, 35 S. C, 444; i5 S. E., 239- Probate
simply establishes the fact that the will has been made according to the form pre-
scribed by Statute.— Burkett v. Whittemore, 36 S. C, 428; 15 S. E., 616.
Sec. 2495. If a will be regularly proved in any foreign Court, J^^l^f^J^^^
an exemplification of such will may be admitted to probate in to^pr^obat^e^upon
this State upon the exemplification and certificate of the Judge and^certificate;
of the Court of Probate; and the exemplification shall also be^'"°J' ^ ^^^^_
evidence of the devise of lands in this State where the title of r.^_^s.^^2ooj^;
land comes in question : Provided, That if the will be not §§ i," 2. "
proved in solemn form, the parties interested against the will
shall not be concluded by such probate, but may examine wit-
nesses as to the sanity of the testator, or as to any fraud or
imposition practised upon him in obtaining the will ; and the
other side may apply for an order to perpetuate testimony in
support of the will.
Cause V. Cause, 4 McC, 382; Sally v. Gunter, 13 Rich., yz; Abrams v. Mosely,
7 S C, 150; Patterson v. Pagan, 18 S. C, 384; Thornton v. Dean, 19 S. C, 583;
Cravely v. Cravely. 20 S. C, 93; Ih., 25 S. C, i; Blount v. Walker, 28 S. C,
545; 6 S. E., 538. , , 1, Nuncupative-
Sec. 2496. No nuncupative will shall be good where the es- wills exce^e^ding
tate thereby bequeathed shall exceed the value of fifty dollars,be Voved .by
that is not proved by the oaths of three witnesses at the least, nesses.
who were present at the making thereof, and bid by the tes- ^ g. s.jsto;
tator to bear witness that such was his will, or words to that c^ \{'-' ii
effect; nor unless such will was made in the last sickness oiixi-rim, v.!
the deceased, in the house or place where he or she shall die.
McGee v. McCants, i McC, 517; E.x parte Turner, 24 S. C, 214.
Sec. 2497. No testimony shall be admitted to prove any^T^J^^e of
nuncupative will, if six months have elapsed after speaking the ^^ ^ ^ g. ^
pretended testamentary words, except such testimony^ or the s.^is77; r. s.
substance thereof were committed to writing within six days
g6o CIVIL CODE
A. D. 1902.
^""-^^^^^ after the making of the said will, and then twelve months
shall be allowed, and no more, for the probate of such will.
Competency ^qq^ 2498. All such witncsscs as are and ought to be allowed
of witnesses. °
— ^ — ^ — ~~ to be good witnesses upon trial at law by the laws and customs
Ann" ^c'^'^'ie^^^ ^^"^ State shall be deemed good witnesses to prove any
fu- 17.33' iif ' nuncupative will, or anything relating thereunto.
342, '§3. ' ' Sec. 2499. No nuncupative will shall at any time be received
Kindred t o to be provcd, uulcss proccss shall have first issued to call in
be cited that tr ' jt
they may con- j^^g widow or ucxt of kindred to the deceased, to the end that
test.
— - — 1879- ^^•'^y ^^y contest the same, if they please.
R. 's.' 2oui Sec. 2500. Any soldier being in actual military service, or
1789, v., 107, -^ *= ■' r \ ■
§ 5- any mariner or seaman being at sea, may dispose of his
Soldiers' and movablcs, wages, and personal estate, as he or they might have
manners' wills. ' <=> ' ± ^ ^
— - — done at common law.
G. S. 1880;
R. S. 2012; 29 :.=^
C. 2, c. 3;
1712, II., 529,
§23.
TITLE VI.
OF THE SETTLEMENT OF ESTATES OF DECEASED
PERSONS, TRUSTS AND SPECIAL PROVISIONS
RELATING TO TRUSTS.
Chapter LXIX. Letters Testamentary and Proceedings on
the Probate of Wills.
Chapter LXX. Administration of Intestates' Estates.
Chapter LXXI. Inventories and Appraisements.
Chapter LXXII. Payment of Debts and Legacies.
Chapter LXXIII. Accounts and Commissions of Executors
and Administrators.
Chapter LXXIV. Settlement and Distribution of Intestate
Estates.
Chapter LXXV. Liability of Heirs.
Chapter LXXVI. Trusts and Special Provisions Relating to
Trusts and Guardianships.
OF SOUTH CAROLINA. 9^1
A. D. 1902.
CHAPTER LXIX.
Letters Testamentary and Proceedings on the Probate of
Wills.
Sec.
2501. Letters of administration with
will annexed ; when and to
whom granted.
2502. Executor of an executor not
to represent state of first
testator.
2503. Oath to be taken by executor
or administrator with will
annexed.
2504. Administrator with will an-
nexed to give bond ; amount
of ; how fixed.
2505. Condition of the bond.
2506. Bond to be made payable to
Judge of Probate ; may be
sued by persons injured, &c.
Sec.
2507. Infirm or distant executors
may be qualified by com-
mission, &c.
2508. Letters, &c., on nuncupative
will not to pass seal of
Court until fourteen days'
after testator's death. What
sufficient probate of will of
real or mixed property.
Letters on nuncupative will
not to pass court until 14
days after testator's death.
2510. Persons under twenty-one
years of age not to be ex-
ecutors, &c.
2511. If debtor be executor, debt
not thereby extinguished.
Section 250L Whenever a deceased person shall have left a ^ when .ktters
will in writing without having appointed an executor therein, tion, with^^th^
or, having appointed one or more executors, all of them shall t^^^e granted.
have departed this life without having qualified thereon, or,^^" .appoint^
being alive, shall have refused to qualify, or, some or all offffff^
them having qualified, shall have departed this life, leaving j^G.^s.^ ^issi;
the estate not fully administered, it shall be the duty of theisso.^gX viji-.
Judge of Probate, in whose Court such will shall have been 533,' § i.
proved, to grant letters of administration, with the will an-
nexed, to such persons as shall have the greatest interest in
sustaining such will, in the order of their interests. And in
case no person taking interests under such will shall apply
within three months after the death of the testator, then to the
greatest creditor or creditors ; and in default of such applying,
then to such other persons as may apply therefor.
Who is such creditor. — Burkhim v. Pinltussohn, 58 S. C, 469; 36 S. E., 908.
A non-resident of the estate cannot be appointed administrator. — Ih. See , also
Smith V. Wingo, Rice, 287; State v. Watson, 2 Speer, 97; Rose v. Thornley, 33
S. C, 313; 12 S. E., II. r, ^ t
Executor o i
Sec. 2502. No executor of an executor shall have authority, an exec utor
not to repre-
as such, to administer the estate of the first testator ; but on sent estate of
' 1 Ml J ^'^^^ testator.
the death of the sole or surviving executor of any last will and ^ ^ ^^^^_
testament, administration of the estate of the first testator, R^s^ ■2^o^i^4;'
not already administered, may be granted, with the will an- 364, '§'3.
nexed, to such person as would have been entitled thereto had
the first testator died intestate.
61.— C.
CIVIL CODE
Reeves v. Tappan, 21 S. C, 6; Reeves v. Brayton, 36 S. C, 384; 15 S. E., 658.
Executor or Scc. 2503. Everv executor or administrator with the will
administrator ,,...,.,,, . .
with will an- annexed, at the time of provmsr the will or the ffranting- of
nexed, to take ... .
oath; form of administration, shall take the following oath: "I do solemnly
'- swear that this writine: contains the true last will of the within
C* S 1882 *
R. s. '2 0 1 5; named A B, deceased, so far as I know or believe; and that I
1789, v., 109, .„,,,, , , . ^ , , ,
§ 20. Will well and truly execute the same, by paying first the debts
and then the legacies contained in the said will, so far as his
goods and chattels will thereunto extend and the law charge
me, and that I will make a true and perfect inventory of all
such goods and chattels : So help me God."
Administra- Scc. 2504. The administrator with the will annexed shall
tor, with will
a n n e X ed, to enter into bond in a penalty double the estimated value of the
gi V e b o n d ; ... 11111
amount of ; personal property of the intestate, and shall have two or more
-good sureties, the aggregate value of whose estates, over and
R. s. '2 01 6; above their indebtedness, shall not be less than the full amount
1855, XII., 403; ^ , , . , , 1
1789, v., 100, of the penaltv of the bond.
8 20
Sec. 2505. The condition of the said bond shall be in the
bond. following form, to wit: "The condition of this obligation is
G. s. 1884; such that if the above bound C D, administrator, with the will
T? c 2 017'
1789, 'v., loo! annexed, of the goods, chattels, and credits of E F, deceased,
do make, or cause to be made, a true and perfect inventory
of all and singular the goods, chattels and credits of the said
deceased, which have or shall come into the hands or possession
or knowledge of the said C D, or into the hands or possession
of any other persons for him, and the same so made do exhibit
into the said Court of Probate at such time as he shall be
thereunto required by the said Court, and the same goods,
chattels and credits do well and truly administer according
to law, and make a just and true account of his actings and
doings therein when lawfully required; and, further, do well
and truly pay and deliver all the legacies contained and speci-
fied in the said will, as far as the goods, chattels and credits
will extend, and the law require, then this obligation to be
void, or else to remain in full force."
Walker v. Crossland, 3 Rich. Eq., 23.
Bond to be Scc. 2506. The said bond shall be made payable to the Judge
fud^gt of Vro° of Probate of the County and his successors, and may be sued
^^^^' by any person injured by the breach of the condition; and
2i;^G.' s^^isso! judgment for the penalty shall stand as a security for the
R. s. 2018. amount recovered by the party grieved, and for all others in
similar circumstances who may, from time to time, by sug-
OF SOUTH CAROLINA.
963
■ ■ A. D. 1902.
gestion on the record, have their damages assessed, until the ^-^-v"^-^
whole penalty be exhausted.
Kennedy v. Adicks, 37 S. C, 174; 15 S. E., 922; McCorkle v. Williams, 43 S.
C, 66; 20 S. E., 744.
Sec. 2507. When a person appointed executor is infirm, ortan^ executors
lives at a great distance from the office of the Judge of Pro- fed by '^"o^m-
bate where the will has been proved, the Judge of Probate shall ""^^'°"' ^^-
have power to grant a commission to some two or more respect- r. s. 2 o^t]
able persons in his neighborhood to administer to him the fH'. '^^'' ^^'
oaths, and perform the other requisites for granting probate what shall
of the will. probatf "It"^
Sec. 2508. The probate, in due form of law, by and before ^^if^ed^To p-
the proper Judge of Probate, of any last will and testament, !!!?1^
whether the same be of real property exclusively, or of real r.%. ^200^6:
and personal property mixed, shall be good, sufficient, andg^^'l.-^^^-^ g^s^
effectual in law, in the same manner, and to the same extent, ■^^^^■' ^^^-S^-
as if the said last will and testament were exclusively of per- ^ ^s°amentary!
sonal estate.
See also Section 2394, ante.
&.C., to pass the
seal of any
Court until
fourteen days
Sec. 2509. No letters testamentary or probate of any nuncu- ^^^^^^^j^ '^'^^*^*°^'®
pative will shall pass the seal of any Court till fourteen days, ^""^ ^^^
at the least, after the decease of the testator. ^- % '^^f^' f.
Sec. 2510. No executor or executrix shall take upon himself I'l^' ^^■' ^"^'
or herself the administration of any will or devise, unless he persons
or she be of the full age of twenty-one years. ^" twenty-one
o J J years of age
Sec. 2511. If any person shall, by will, appoint his debtor ^°t^t° |c ^''^"
to be his executor, such appointment shall not, in law or~~^^ — ^ — ^^
equity, be construed to be a release or extinguishment of the ]|-,^ ^.^^2 o 2^1;
debt, unless the testator shall, in his will, expressly declare his § ^■
intention to release the same. i^ debtor be
executor, debt
Debt is considered as cash in hands of executor. — Hall v. Hall, 2 McC. Ch., not thereby ex-
„£„ tinguished.
209. °
^ G. S. 1890;
R. S. 20 22;
1879, XVII.,
CHAPTER LXX. ^'''^''■
Administration of Intestates' Estates and Derelict Estates.
Sec.
2512. Letters of administration, to
whom granted.
2513. Letters to one creditor to be
for the benefit of the other
creditors.
2514. Payment of debts to be in
proportion to assets.
Sec.
2515. On death of executor or ad-
ministrator, letters de bonis
non to be granted.
2516. Mode of granting administra-
tion ; citation to kindred and
creditors, how published.
2517. Oath of administrator.
2518. Bonds of ; penalty ; condition.
964
CIVIL CODE
A. D. 1902.
Sec.
2519. To be made payable to Judge
of Probate ; suits on ; lia-
bility of Judge.
2520. Sureties ; proceedings for re-
lief of.
2521. Proceedings on alleged loss or
destruction of a will.
2522. Executors of executors liable
for wrongful conversion of
goods.
2523. Derelict estates, letters on, to
be granted to Clerk of
Court ; when ; proceedings
before Judge of Probate.
2524. Clerk's administration trans-
mitted to his successors,
virtute officii.
Sec.
2525. Acts of successors validated.
2526. Outgoing Clerks to turn over
assets to successor.
2527. Executor in his own wrong,
who shall be chargeable as,
and to what extent.
2528. Proceedings in Probate Court
against executors of their
own wrong for discovery
and account.
2529. Liability of executors or ad-
ministrators or executors in
their own wrong.
2530. When executor may pay fund
going to legatee and be dis-
charged from liability there-
for.
The fact of death jurisdictional.— Moore v. Smith, 11 Rich. L., 569; 73 Am. Dec,
122.
Letters of Sectioii 2512. In case any person die intestate, the Judge of
administration r 1 /— 1 -n r 1
—to whom Probate of the County where the will of such person, had he
granted.
—left a will, would have been proved, shall grant administration
R. s. 2 02 3; of the goods, chattels, rights, and credits of such person de-
1789, v., 108, , , . , , . . , , . „ .
§ 16; 1839, XL, ceascd, to his or her relations, in the order following, to wit :
1. To the husband or wife of the deceased : Provided, ahvays,
That if any widow, after having obtained letters of adminis-
tration, shall marry again, the Judge of Probate shall have
power to revoke the administration before granted, or join one
or more of the next of kin in the administration with her ;
2. If there be no husband or wife of the deceased, or they
do not apply, then to the child or children, or their legal rep-
resentatives ;
3. In default of them, then to the father or mother;
4. In default of them, to the brothers and sisters ;
5. In default of them, to such of the next of kindred of
the deceased, at the discretion of the Judge of Probate, as
shall be entitled to a distributive share of the intestate's estate ;
and,
6. In default of such, to the greatest creditor or creditors,
or such other persons as the Court shall appoint.
Who is such creditor. — Burkhim v. Pinkhussohn, 58 S. C, 469; 36 S. E., 908.
Letters should not be granted a non-resident. — Ih.
This order compulsory. — Smith v. Wingo, Rice, 287. Applies where executors
of will are dead or refuse to qualify, as in case of intestacy. — Smith v. Wingo,
Rice, 287. Administration granted to husband and wife is administration of hus-
band alone. — Lewis v. Price, 3 Rich. Eq., 172. Widow cannot transfer her right. —
McBeth V. Hunt, 2 Strob., 335. Judge may grant to such child or children as he
sees fit. — State v. Mitchell, 3 Brev., 520. As to selection among next of kin. —
Smith V. Wingo, Rice, 287. Grandchildren preferred to mere next of kin. — Smith
v. Wingo, Rice 287. As to creditors. — Screven v. Bostick, 2 McC. Ch., 410; Ex
OF SOUTH CAROLINA. 965
: A. D. 1902.
parte Ostendorff, 17 S. C, 24. Any persons enumerated preferred to stranger, and '^ ^^^^^^y
at their instance administration committed to stranger must be revoked. — Thomp-
son V. Huchet, 2 Hill, 347; Smith v. Wingo, Rice, 287. In absence of kindred
and creditors it is discretionary with Judge to whom administration shall be
granted. — Thompson v. Huchet, 2 Hill, 347; Ex parte Crafts, 28 S. C, 281; 5 S.
E., 517. The wishes of those having greatest interest in estate should have great,
but not controlling, weight with him. — McBeth v. Hunt, 2 Strob., 335; Ex parte
Ostendorff, 17 S. C, 24. First grant of administration conclusive until annulled
by direct proceeding. — Petigrew v. Ferguson, 6 Rich. Eq., 378. Grant of adminis-
tration has relation to the time of intestate's death. — McVaughters v. Elder, 2
Brev., 307; Hamer v. Bethea, 11 S. C, 428; Cook v. Cook, 24 S. C, 206. It vests
in administrator only the movable property within the State which grants it; does
not include choses in action in State where debtor resides. — Dial v. Gary, 14 S. C,
573. But administrator is liable for property brought by him here from another
State. — Cureton v. Mills, 13 S. C, 423. As to revocation. — McLaurin v. Thomp-
son, Dud., 33s; Smith v. Wingo, Rice, 287; Rollin v. Whipper, 17 S. C, 34; Ex
parte Crafts, 28 S. C, 281; 5 S. E., 517; Ex parte White, 38 S. C, 41; 16 S. E.,
286. Error in grant of administration can be corrected by appeal only. — State v.
Mitchell, 3 Brev., 520.
Right of tort feasor liable for causing death of intestate under Lord Campbell's
Act to attack grant of letters of administration on estate of decedent. — In re
Mayo's estate, ex parte N. E. R. R. Co., 60 S. C, 401; 38 S. E., 684. Such lia-
bility on assets sufficient to authorize grant of letters. — lb. Grant of letters on
estate of non-resident. — Ih.
Sec. 2513. No letters of administration shall be granted to one^credito^r to
any person or persons whomsoever, as principal creditor or benefit" 'of* 'ail
creditors to any intestate, but upon special trust and confi- creditors.* ^^^
dence, and for the benefit of all the rest of the creditors. q s. i894;
Sec. 2514. All debts of an equal nature shall be discharged 5-45^^111 ° eg*;
by such administrator in average and proportion, as far as § ^•
the assets of the intestate shall extend, and no preference shall debtsTo^'be ^n
be given among the creditors in equal degree. assets^*^""^ ' °
Sec. 2515. When a sole surviving executor or administrator j^. ^^ g
shall die, the estate in his hands not having been fully admin- ^Jg^^- ^- ^•
istered, it shall be the duty of the Judge of Probate of the q^ ^.^^ ^^^^^
County in which letters testamentary or of administration were °^^ ^^ a^dm^n-
first granted, to grant letters of administration de bonis non^f^^)°'^'}^^'^^^^
o ' & de bonis non
with the will annexed, or of administration de bonis non of the^° ^^ granted.
pofatp G. S. 1896;
^*'-'*'-^' R. S. 2026;
Williams v. Seabrook, 3 McC, 371; Johnston v. Lewis, Rice, Eq., 40; Villiard 1789, V., lOS,
■n 1. J. Ci 1- -c> § 15; 1839, XL,
V. Roberts, i Strob, Eq., 393. 5g^ g 5. iggo,
Sec. 2516. The Judge of Probate shall grant administration ^'^^^^•' ^^^•
in the following manner : after requiring the person or persons ^^'^°^^„^ ^\\
applying therefor to file a petition in writing, he shall issue a ^ *i^ 'j*''^*'°°^j
citation to the kindred or creditors of the intestate or person creditors may
■■■ _ be cited; cita-
deceased, to show cause, if any they have, why administration tion, Ji.°^^^*°
shall not be granted to the person or persons applying there- — — — g.
for, and he shall cause the same to be published on the court g. s. i90i; r.
house door of the County in which his office is for two suc-
cessive weeks, and also by having it printed once a week for
CIVIL CODE
two successive weeks after it has been issued in some public
gazette, if any be published in the County.
In the absence of testimony the Court will presume that publication was made. —
Hendrix v. Holden, 58 S. C, 495; 36 S. E., 1010.
ist'^at™r'to''/ive" Scc. 2517. Every administrator shall, in open Court, when
Omrt^" "P^'^ letters of administration are granted him, take the following
G s 1897^ °^^h o^ affirmation, as the case may be, to wit : "I do solemnly
|^gg^-y^°^j^^' swear, or affirm, that A B, deceased, died without any will,
§ ^^- as far as I know or believe, and that I will well and truly ad-
minister all and singular the goods and chattels, rights and
credits, of the said deceased, and pay all his just debts, as far
as the same will extend, and the law require me, and that I
will make a true and perfect inventory of all the said goods
and chattels, rights and credits, and return a just account
thereof when thereunto required : So help me God."
istfat'Jr to give ^^^' 2518. Such administrator shall also enter into bond,
or"more \ure°- with two Or morc good surctics, the aggregate value of whose
or'bo^iS°\ow^^^^^^^' over and above their indebtedness, shall not be less
^o^rm'of bond' ^^^" ^^^ ^^^^ amount of the penalty of the bond, to be approved
Q s 1898- ^y ^^^ Court in a sum equal to double the estimated value of
&' 23' c°^2' c"^^^ personal property of the intestate, with the condition fol-
52^ Y§^'i ^^2' ^°w^"§^- "The condition of the above obligation is such, that
V^l'i-^is 5^5' ^^ *^^ above bound A B, administrator of the goods, chattels,
XII., 403. aj^(j credits of C D, deceased, do make a true and perfect in-
ventory of all and singular the goods, chattels, and credits of
the said deceased, which have or shall come to the hands,
possession, or knowledge of the said A B, or into the hands
or possession of any other person or persons for him, and the
same so made do exhibit into the said Court of Probate, when
he shall be thereto required, and such goods, chattels, and
credits do well and truly administer according to law, and do
make a just and true account of his actings and doings therein
when required by the said Court, and all the rest of the said
goods, chattels, and credits, which shall be found remaining
upon the account of the said administration, the same being
first allowed by the said Court, shall deliver and pay unto
such persons respectively as are entitled to the same by law;
and if it shall hereafter appear that any last will and testament
was made by the said deceased, and the same be proved in
Court, and the executors obtain a certificate of the probate
thereof, and the said A B do, in such case, if required, render
OF SOUTH CAROLINA. 967
A. D. 1902.
and deliver up the said letters of administration, then this obli-
gation to be void, otherwise to remain in full force."
Such bond may be given in a Surety Company under Section 599.
This form must be followed. — Ordinary v. Blanchard, 3 Brev., 136. Residence
no part of qualification of surety. — State v. Watson, 2 Speer, 97. Action on
bond may be brought in name of Probate Judge. — Johnson v. Dawkins, 20 S. C,
532; Burnside v. Robertson, 28 S. C, 583; 6 S. E., 843. Liability of sureties. —
None at law to distributees until decree has been had against administrator on
accounting. — Ordinary v. Giles, 3 Brev., 530; Bayne v. Blacklock, 2 Dess., 602;
Ordinary v. Williams, 1 N. & Mc, 587; Ordinary v. Powers, 2 N. & McC, 213;
Lyles V. Caldwell, 3 McC, 225; Shelton v. Cureton, 3 McC, 412; Anderson v.
Maddox, 3 McC, 237; Harrington v. Cole, 3 McC, 509; Jones v. Anderson, 4
McC, 112; Lyles v. Brown, Harp., 31; Lyles v. Robinson, i Bail., 25; Chambers
V. Patton, I Bail., 130; Mitchell v. Connelly, i Bail., 203; Ross v. Chambers, i
Bail., 548; Ross v. Pettus, 11 Rich., 543; Ordinary v. Martin, 4 Rich., 271; Mc-
Afee v. McAfee, 28 S. C, 218; 188; 5 S. E., 480; 593. And such decree is only
prima facie evidence and may be shown to be incorrect. — Ordinary v. Cobb, 2
Bail, 60; Ordinary v. Trail, 2 Bail., 480; Schnell v. Schroder, Bail. Eq., 334;
Ordinary v. Condy, 2 Hill, 313; Ordinary v. Carlisle, i McM., 100; Ordinary v.
Archer, i McM., 35; Ordinary v. Wallace, i Rich., 507; Ordinary v. Osborn, 2
Rich., 90; Ordinary v. Bailey, 5 Rich., 68; Ordinary v. McCully, 5 Rich., 80. But
cannot be shown to be fraudulent. — Ordinary v. Wallace, 2 Rich., 460; Ordinary
V. Caldwell, 4 Rich., 117. Yet creditors can sue sureties as soon as they have
established debt against administrator and failed to make it. — Ordinary v. Hunt,
I McM., 380; Kaminer v. Hope, 18 S. C, 561; Wilbur v. Hutto, 25 S. C, 246;
Burnsides v. Robertson, 28 S. C, 583; 6 S. E., 843; Ordinary v. Johnsey, 6 Rich.,
355. Remedy against surety is at law. — Teague v. Dendy, 2 McC. Ch., 207. But
they may be joined, in Equity, with principal or his representative. — Aiken v.
Miller, Harp. Eq., 69; Magwood v. Butler, Harp. Eq., 265; McBee v. Crocker,
McM. Eq., 485; Gayden v. Gayden, McM. Eq., 435; O'Neale v. Herbert, McM.
Eq., 495; Swindersine vv Miscally, Bail. Eq., 304; Taylor v. Taylor, 2 Rich. Eq.,
123; Wright V. Eaves, 10 Rich. Eq., 582. Sureties of one administrator not liable
to another. — Haell v. Blanchard, 4 Dess., 21; Knox v. Pickett, 4 Dess., 92. Dis-
charge of. — Ordinary v. Corbett, 1 Bay, 328; Moodie v. Penman, 3 Dess., 482;
Beckham v. Pride, 6 Rich. Eq., 78. Generally. — Watson v. Whitten, 3 Rich., 224;
Ericks v. Powell, 2 Strob. Eq., 196; Glenn v. Wallace, 4 Strob. Eq., 149; Rhame v.
Lewis, 13 Rich. Eq., 269; Bomar v. Ezell, 22 S. C, 398.
Sec. 2519. The said bond shall be made payable to the Judge payable to
of Probate and his successors, and recorded in his office, in a^ateT how To
book to be kept for that purpose, and may be sued in like af^y^^if^ 'judge
manner as is prescribed in Section 2406, in the case of bonds s°|f(.i ""^n t^^s'e^
given by administrators with the will annexed; and if the '^"''^y-
Judge of Probate shall fail to take bond and security as afore- j^^^, o^l^o-
said, such Judge of Probate shall be liable to be sued for all fH] ^•' "°'
damages arising from such neglect by any person or persons
interested in the estate.
The ability of the sureties must be looked to. — McRae v. David, s Rich. Eq.,
475. The Judge acts ministerially and not judicially. — lb. Judge not liable if not
negligent and harm arises from unforeseen causes.- — lb. Where the bond is void and
for an insufficient amount, the damages will not be limited to that amount. — Wil-
son V. Waterman, 6 Rich. Eq., 255. Bond may be sued in name of Judge of Pro-
bate.— Johnson v. Dawkins, 20 S. C, 532.
Sec. 2520. It shall be the duty of the Judge of Probate in
whose office an administration bond is lodged, upon a pe-
tition filed by any of the sureties to the same who conceive
CIVIL CODE
themselves in danger of being injured by such suretyship, to
Sureties may summon the administrator before him, and make such order
petition tor re- '
dan'^er' of^iosT °^ decree, for the rehef of the petitioner, as may not impair
Q s 1900- o^ affect the rights of the parties interested in the estate.
17«Q V 111 ^'-'^ necessary that accounting be had and letters revoked before relief of
§ 24' 1839 XI.' surety; the surety remains liable for property in hands of his principal at time
62, § 19. of discharge, but not for property subsequently coming into his hands. — Hall v.
Hall, 45 S. C, 166; 22 S. E., 818.
Surety may be relieved on his own motion and without proof of danger. — Mc-
Kay V. Donald, 8 Rich., 331. Court may require new bond with additional sure-
ties or revoke administration. — Owens v. Walker, 2 Strob. Eq., 289 ; Ordinary v.
Bigham, 3 Hill, 512; Ordinary v. Wallace, 11 Rich., 507; Gilliam v. Mcjunkin, 2
S. C, 442. If relief is granted by revoking administration, the sureties are still
liable for default before that time. — Shelton v. Cureton, 3 McC, 412. But if
granted by requiring new bond, it is primary security as to amount fixed by ac-
counting.— Bobo v. Vaiden, 20 S. C, 279; Ordinary v. Trail, 2 Bail., 480; Ordi-
nary v. Bigham, 3 Hill, 512. But if same administrator is appointed administra-
tor de bonis non, and his accounts are fixed, that discharges the sureties.- — Ordi-
nary V. Trail, 2 Bail., 480; Ericks v. Powell, 2 Strob. Eq., 196. No money decree
can be given against the administrator. — Gilliam v. Mcjunkin, 2 S. C., 442.
on'^a'ue-ed^'ifss ^®^" ^^^^^ '^^ ^ pcrsou applying for letters of administration
or destruction on the estatc and effects of any person deceased will make it
— TT — appear, upon oath, that such deceased person had made a will,
S- 1902; R s. which cannot be proved by such person or persons so applying,
429, § 2. and that such person or persons applying for such administra-
tion verily believes or believe the said will to be lost or de-
stroyed, together with the causes and reasons for such belief,
it shall be the duty of the Judge of Probate to whom such
application is made to grant letters of administration to the
person or persons applying for the same, during such time as
the said last will and testament shall be lost, and until the same
shall be found and duly proved : Provided, That all such oaths
as are required in this Section shall be in writing, subscribed
by the party to be sworn, administered by the Judge of Probate,
and filed and recorded by him.
Executors of gee. 2522. The executor or administrator of anv executor
executors lia-
ble for wrong- qj- administrator of right, who mav waste or convert to his own
ful conversion o ^ ^
of goods. -Qse the goods or estate of his testator or intestate, shall be
„ G. S. 1903; liable and chargeable in the same manner as their testator or
R. S. 2033; 4 >=>
^ L^\-n.^ M., intestate would have been if he had been living.
c. 24; 1712, II., *
552, §12. Sec. 2523. Whenever it shall come to the knowledge of any
Clerk of the Clerk of anv Court of the Court of Common Pleas of any
Court to make
application for Countv in this State that the estate and effects of anv de-
a dministration - _ , 111
of derelict es- ccascd pcrson, as to which administration could legallv be
tates; liable on ^ • " r
official bond, granted by the Judge of Probate of his County, remain for
G. s. 1908; the period of six months, entirely or partially, unadministered,
1873, XV., 413; either by reason of no application for letters of administration,
1874, XV., 704. ■' ^^
OF SOUTH CAROLINA.
or from any other cause, so that there is no legally appointed
representative of such deceased person, it shall be the duty of
such Clerk of the Court to make application to the Judge of
Probate of the County for letters of administration on the
estate of such deceased person, accompanied with a statement
of the nature, condition, and value of the said estate, so far
as it may be known to him, and, thereupon, it shall be the duty
of such Judge of Probate to insert a notice of such applica-
tion, in the usual form, for forty days, in some public newspaper
published in such County, or, if there be none such, in some
adjoining County, and also at the door of the Court House,
and, after such notice, to grant to such Clerk of the Court
letters of administration on the estate of such deceased person,
with the will annexed, in case there be a will, and the Clerk
shall be held liable, on his official bond, for the faithful dis-
charge of his duties as such administrator.
Failure to publish notice for forty days a jurisdictional defect. — Hartley v.
Glover, 56 S. C, 69; 33 S. E., 796; Hendrix v. Holden, 58 S. C, 495; 36 S. E.,
1 02 1. Heirs and distributees cannot acquire title to personal assets so as to col-
lect same without administration.- — Darwin v. Moore, 58 S. C, 164; 36 S. E., 539!
Bradford v. Felder 2 McC. Ch., 168; Pickens v. Bryant, 45 S. C, 17; 22 S. E., 753;
Richardson v. Cooley, 20 S. C, 347; Elders v. Vautess, 4 Des., 155. See also
Haley v. Thomas, 30 S. C, 270; 9 S. E., no. Nor can suit be brought by
creditors until administration by some one. — Screven v. Bostick, 2 McC, Ch., 410.
Sec. 2524. All administrators of derelict estates heretofore adm'in i'^s'tTa-
granted to Clerks of the Court of Common Pleas, or that may ce°s"ors!° ^"'^
hereafter be granted to them, under the preceding Section, g. s. 1909 ;
shall be transmitted to the successors in office of such said.gVs, xv.l'gsi!
Clerks, by virtue of such succession in office, without new ap-
plication on the part of such successor in office, and without
further order of the Court of Probate making the original grant
of administration.
Sec. 2525. All acts done by such said successors in office ce^ors vlnd!^'
of the said Clerks of the Court, not inconsistent with the jj, . qT's!^
duty of administrators, are hereby ratified and affirmed, and 2036^°' ^' ^'
made of the same force and effect as if done by the Clerks
of the Court originally appointed to administer such said
estate.
Sec. 2526. It shall be the duty of all outgoing Clerks of thetJ^^j*^™^"^^^
Court of Common Pleas to turn over to their successors in |^^ ^j^giongfng
office all property, choses in action, money, and other assets ^° ^^^^ estates.
of such said estates in their hands; and such successors shall ;^/^--{. ^ |;
have the right to compel the performance of that duty by pro- ^'^^'^-
CIVIL CODE
ceedings for that purpose in the Court of Probate having juris-
diction of the particular estate.
a^perscmThaU ^^^' ^527. Any pcrson who shall obtain, receive, and have
executor fn his ^^y goods or dcbts of any person dying intestate, or a release
own wrong, qj- other discharge of any debt or duty that belonged to the
R % Ib3s^°4l ii^testate, upon any fraud, or without such valuable considera-
^,^0^ %'t ^- -A^' tion as shall amount to the value of the same goods or debts,
1712, II., o07, " '
§2. or near thereabouts, (except it be in or towards satisfaction
of some just and principal debt of the value of the same goods
or debts to him owing by the intestate at the time of his de-
cease.) shall be charged and chargeable as executor of his
own wrong, so far as such goods and debts coming to his
hands, or whereof he is released or discharged by such admin-
istrator, will satisfy, deducting, nevertheless, to and for him-
self, allowance of all just, due, and principal debts upon good
consideration, without fraud, owing to him by the intestate at
the time of his decease, and of all other payments made by
him which lawful executors or administrators may and ought
to have and pay by the laws and Statutes of this State.
What will make an executor de son tort. — Lloyd v. Cannon, 2 Dess., 232; How-
ell V. Smith, 2 McC, 516; Givens v. Higgins, 4 McC, 286; Johnson v. Gaithers,
Harp., 6; Leach v. House, i Bail., 42; Tucker v. Williams, Dud., 329; Salvo v.
Schmidt, 2 Speer, 512; Carter v. Robbins, 8 Rich., 29; Frierson v. Westberry, 11
Rich., 353; Cook V. Sanders, 15 Rich., 63; Haley v. Thames, 30 S. C, 270; 9 S. E.,
no; Ex parte DeVaga, 31 S. C, 413; 10 S. E., 72. Only chargeable with assets
in hand, not with those not reduced to possession. — Kinard v. Young, 2 Rich. Eq.,
247; Cook V. Sanders, 15 S. C, 63. His promise to pay debt of deceased not
binding. — Haseldon v. Whitesides, 2 Strob., 353. Must be sued as executor. —
Gregory v. Forrester, i McC. Ch., 318. May plead plene administravil. — Leach v.
House, I Bail., 42; Cook v. Sanders, 15 S. C, 63. But if he only denies such
character he will be charged with whole debt sued. — Hubbell v. Fogartie, 1 Hill,
167. Judgment against him binds when he becomes administrator.- — Walker v.
May, 2 Hill, 22. But cannot be levied on lands of testator.- — Warren v. Raymond,
17 S. C, 191. Does not arrest Statute of Limitations. — Bolt v. Daw-kins, 16
S. C, 211. Payment to trustee appointed by heirs and distributees. — Pickens v.
Bryant, 45 S. C, 17; 22 S. E., 753.
th^efr"*°oVn Scc. 2528. The Judge of Probate of the County in which a'
TrTs^a^ls^rs'! ^^"^^^^^^ pcrsou may have died shall have power (either of
req^ui™Td to'^^^ °^^ accord, or at the instance of any creditor or other
^^'^1^,'^'^'=°'^" person interested in the estate of the deceased,) to cite before
^ ^ ^^^him such person or persons, as neither being appointed executor
c' 2^'c ^W7i2° "°^ having obtained administration of the effects of such de-
1789 ^v' 11^' ceased person, shall, nevertheless, possess himself or them-
Ig^^i^^^' XI-' selves of the goods and chattels, rights and credits of such
person deceased ; and, upon such person or persons being
cited as aforesaid, the Judge of Probate shall require of him
or them a discovery and account of all and singular the goods
OF SOUTH CAROLINA.
and chattels, rights and credits of the deceased, and shall pro-
ceed to decree against him or them for the value of the estate
and effects of the deceased, which he or they may have wasted,
or which may have been lost by his or their illegal interference,
charging them as executors of their own wrong are made
liable at common law, as far as assets shall have come into
their hands.
Haley v. Thames, 30 S. C, 270; g S. E., no; Ex parte Devaga, 31 S. C, 413;
10 S. E., 72.
Sec. 2529. Every executor and administrator of anv person Liability of
-' -^ -t^ e X e c utors 01
or persons who, as executor in his own wrong, or administrator, ex ecuto^s^in
shall waste or convert any goods, chattels, estate, or assets of wrong.
any person deceased, to his own use, shall be liable and charge- G. s.^ i907;
able in the same manner as their testator or intestate would I'^f^- v., 113,
have been if he had been living.
Sec. 2530. If, after the expiration of two years from the when execu-
^ -^ tor may pay
time when anv legacv becomes due and payable under any fund going to
^ , . . legatee and be
will or testament, it shall be made to appear to the satisfaction disc h a r g e d
from liability
of the Judge of the Court of Probate by whom letters testa- therefor.
mentary were granted that the executor or executors of such is97, xxii.,
•11 1 , • • , • • . 43 2; 1898,
Will or testament, or the administrator or administrators with xxii., 697.
such will or testament annexed, is or are unable to ascertain
the whereabouts of any legatee under such will or testament,
or to ascertain whether such legatee be dead or not, it shall be
lawful for the executor or executors, or the administrator or
administrators with the will annexed, to pay over to the Judge
of said Court of Probate the amount of the legacy of such
legatee and any interest that may be legally due thereon, and
such payment of the amount of such legacy to the Judge of
the said Court of Probate shall be a full and complete dis-
charge to the executor or executors, or the administrator or ad-
ministrators, with the will annexed. The said amount so paid
to the Judge of the said Court of Probate shall be protected by
his official bond, and shall be held by such Court of Probate
for such legatee, subject to the order of such Probate Court
or any other Court of competent jurisdiction.
CIVIL CODE
CHAPTER LXXI.
Of Inventories and Appraisements.
Sec.
2531. Inventory and appraisement
to be made upon probate of
will or application for ad-
ministration.
2532. Appraisement to be made in
each County where goods
are.
Sec.
2533. Appraisement evidence to
prove value.
2534. Pay of appraisers.
2535. No person to act as appraiser
until sworn ; oath.
inventpry Scctlon 2531. Where a will is proved, or application is made
and appraise- ... . .
m e nt to be for administration of the estate of a person dyina: intestate, the
made upon r j o
probate of will Tudffc of Probate of the County shall require the executors or
or application -^ •=> •' ^
for administra- administrators to make out an exact inventory of the personal
— — - — — — estate of the deceased, and shall appoint three or more respect-
R- S- 2 0 4 li able freeholders to appraise the same on oath, which inventory
§1; 1789, v.! and appraisement shall be returned into his office within such
108, § 12; 1839, ^^
XL, 61, § 15. time as he shall limit.
Omission to insert property in inventory is breach of bond. — Ordinary v. Geiger,
1 Brev., 484. Administrator's own debt is assets in his hand.— Schnell v. Schro-
der, Bail. Eq., 334. But if note out of date, putting it in inventory does not re-
new the debt.- — Black v. White, 13 S. C, 37. Life tenant who is executrix not
bound to return inventory.- — Brooks v. Brooks, 12 S. C, 462.
to'^be'mlX^i'n Scc. 2532. If the goods be in several Counties, the Judge of
where ^o°o'd s Probatc of such Couuties respectively shall order appraisement
^ and appoint appraisers in each, which appraisement, when
R.^'s^' 2042-"^^^^' shall be returned by the appraisers into the office of the
■^^- Judge of Probate where the will is recorded, or by whom ad-
ministration is granted
nt
to
prove value.
evi^de^n cTto Scc. 2533. Evcry appraisement made as aforesaid may be
given in evidence in any legal proceedings against such execu-
1 9 2 1; R. s! tors and administrators to prove the value of the estate, but
667,'''§3. ' "shall not be conclusive if it shall appear upon a trial of the
cause that the estate was really worth or bona Ude sold for
more or less than such appraisement.
pr^sJrs."^ ^^ Sec. 2534. Upon the settlement of their accounts by execu-
G. s. 1922; tors and administrators, it shall be the duty of the Judge of
Sb.^'xi.!^ ^61,' Probate to allow them the sum of one dollar per day for the
^■^** expense of every appraiser during the time that he is proved
to have been employed in appraising the estate of the testator
No person to o^ mtestate.
untif tw^oTn^ Sec. 2535. No appraisers appointed to appraise any testator's
°^^^- or intestate's goods and chattels shall enter upon that office
R%^2o^f si before they shall have taken the following oath before a Magis-
^^7^.' ^^^'' ^^^' t^^^' "^^^ ^^ hereby empowered to administer the same :
OF SOUTH CAROLINA.
"You, A B, C D, E F, &c., do swear that you will make a
just and true appraisement of all and singular the goods and
chattels (ready money, only, excepted) of G. H, deceased, as
shall be produced by I K, the executor or administrator of the
estate of the said G H, deceased, and that you will return
the same, certified under your hands, unto the Judge of Pro-
bate of County within the time prescribed by law."
CHAPTER LXXII.
Payments of Debts and Legacies.
Article i. Payment of Debts and Legacies.
Article 2. Sale of Land in Aid of Deficient Personal Assets,
to Pay Debts.
ARTICLE I.
Payment of Debts and Legacies.
Sec.
2536.
2537.
2538.
Executors, &c., to publish no-
tice to creditors to render
demands, how ; time allowed
for ascertaining debts.
Creditor neglecting to render,
executor not liable.
Order of payment of debts ; no
preference of creditors in
equal degree.
Sec.
2539
2540,
Crops to be assets, when.
Emblements, when assets, and
when to pass with lands.
2541. Effects of deceased non-resi-
dents liable for debts to citi-
zens as upon specialty.
2542. When and how demands may
be compromised.
Section 2536. Every executor or administrator shall give three
weeks' notice, by advertisement in one of the gazettes printed
in the County, or if there be none, in some gazette of general
circulation in the County, for creditors of the estate in his
charge to render an account of their demands, duly attested;
and he shall be allowed twelve months to ascertain the debts
due from the deceased, reckoning from probate of will or grant
of administration.
Sec. 2537. If any creditor shall neglect to give in a statement
of his debts within the time aforesaid, the executors or admin-
istrators shall not be liable to make good the same.
Nicholson v. Whitlock, 57 S. C, 36; 35 S. E., 412; Miller v. Mitchell, Bail. Eq.,
437; Walker v. Gill, 2 Bail., 105; Sebring v. Keith, 2 Hill, 340; Lesesne v. Witte,
S S. C, 450; Lanier v. Griffin, 11 S. C, 155; Crane v. Moses, 13 S. C, 578; Wil-
lingham v. Chick, 14 S. C, 99.
Exec utors
and adminis-
trators to give
notice to credi-
tors to render
accounts; debts
to be ascer-
tained in a
year.
G. S. 1924;
R. S. 2046;
1789, v.. 111.,
§27.
If credi tor
fail to render
account, execu-
tors or a d-
ministrat o r s
not liable.
Ih. ; G. S.
192 5; R. S.
2047.
974 CIVIL CODE
A. D. 1902.
' »■ ^ Sec. 2538. The assets which come to the hands of an execu-
m°nt^of°deins' tor or administrator, after proper allowance to the executor
of°cred/tort"fnOr administrator, in a due course of administration, shall be
f21^fL^!£!!!^. applied to the payment of his debts in the following order,
s/i92l;l: s:that is to say:
xVi^ '686.^ ^ ^' ^- Funeral and other expenses of the last sickness, charges
18 7 4 XV., °^ probate, or letters of administration.
xvl', 686^ ' ^ ' 2- Debts due to the public.
3. Judgments, mortgages, and executions — the oldest first.
4. Rent.
5. Bonds, debts by specialty, and debts by simple contract.
Mortgages, however, not to be entitled to priority over rents
and debts by specialty or by simple contract, except as to the
particular parts of the estate affected by the liens of such
mortgages.
No preference shall be given among the creditors in equal
degree, where there is a deficiency of assets, except according
to legal priorities.
Rank determined at death. — Hutchinson v. Bates, i Bail., 11; Tucker v. Condy,
7 Rich. Eq.j 281; Morton v. Caldwell, 3 Strob. Eq., 161; Wilson v. McConnell, 9
Rich. Eq., 500; Frazer v. City Council, 23 S. C, 381. Nursing included in ex-
penses of last illness. — McVoy v. Percival, Dud., 337. No rule as to duration of
last illness.- — lb. This provision to be construed liberally. — lb. Administrator
cannot pay attorney's fees in prosecution of slayer of intestate. — Woodward v.
Woodward, 36 S. C, 118; 15 S. E., 335. State taking mortgage does not lose its pri-
ority.— Lenoir v. Winn, 4 Dess., 65. Debt by surety on County Treasurer's bond is a
debt due to the public. — Baxter v. Baxter, 23 S. C, 118. Judgments mean final judg-
ments.— Thomas v. McElwee, 3 Strob., 131; Ex parte Farrars, 13 S. C, 259. For-
eign judgment ranks only as simple contract.— Cameron v. Wortz, 4 McC, 278.
Mortgage of chattels is embraced in mortgages. — Edwards v. Sanders, 6 S. C,
316. Mortgage only ranks as such to extent of its specific lien. — Piester v. Pies-
ter, 22 S. C, 146; McLure v. Melton, 24 S. C, 566; Ex parte Hardin, 34 S. C,
377 J 13 S. E., 615.. Its pro rata beyond that is the unpaid balance of the debt. —
Wheat V. Dingle, 32 S. C, 473; 11 S. E., 394. Rent does not mean rent for any
prescribed period, and immaterial whether by parol or specialty. — Chappell v.
Brown, I Bail., 528. Bonds and specialty debts prior to March 9, 1874, retain
preference over bonds, specialty debts and simple contract debts since then. — ■
Heath v. Belk, 12 S. C, 582. Order not disturbed by prior judgments against
executor or administrator. — Hutchinson v. Bates, i Bail., 1 1 1 ; Tucker v. Condy,
7 Rich. Eq., 281. Executor or administrator paying debts out of legal order, liable
to creditors. — Lenoir v. Winn, 4 Dess., 65. Administrator or executor may retain
funds to pay his debt, though not due, in preference to debts of lower rank. —
Ralph V. Gist, 4 McC, 267. But not so as to one barred at death. — Cooper v.
Peyton, Rich. Eq. Ca., 259. Yet may retain for his whole debt against creditor
who has not rendered in his claim. — Sebring v. Keith, 2 Hill, 340. Act directory,
intended for protection of administrator or e.xecutor. — Huger v. Dawson, 3 Rich.,
328. It directs the general assets according to the rank of the debt; it does not
deal with the lien. — Rutledge v. Rutledge, i McC. Ch., 471; Keckley v. Keckley, 2
Hill Ch., 257; Haynesworth v. Frierson, 11 Rich., 476; Edwards v. Sanders, 6 S.
C, 316; Shell V. Young, 32 S. C, 462; 11 S. E., 299. Funeral expenses and ex-
penses of last illness to be paid before judgment recovered in life time of de-
ceased.— DeLoach v. Sarratt, 58 S. C, 117; 36 S. E., 533. Nothing in Constitu-
tion to prevent legislative change in order of payment of debts. — McLure v. Mel-
OF SOUTH CAROLINA.
975
A. D. 1902.
-Wulbern v. Timmons,
ton, 24 S. C, 568. Distribution of funds, right to follow.
55 S. C, 456; 33 S. E.. 568.
Sec. 2539. If any person shall die after the first day of March ,3 gops to be
in any year, the crop on the lands which were in the occupation — ^ ^ 23; d
of the deceased shall be assets in the executors' or administra-|J927; r. s.
tors' hands, subject to debts, legacies, and distribution, the
taxes and expenses of cultivation of such crop being first paid.
Berry v. Berry, 55 S. C, 303; 33 S. E., 363; State v. Hogan, 2 Brev., 437;
Wharley v. Wharley, Bail. Eq., 397; Waring v. Purcell, 1 Hill Ch., 193; Freeman
V. Tompkins, i Strob. Eq., 53; Gage v. Rogers, i Strob. Eq., 370; McLaurin v.
McCall, 3 Strob., 21; Huff v. Latimer, 33 S. C, 255; 11 S. E., 758.
Sec. 2540. The emblements of such lands which shall be ^when ,f »w«^
severed before the last day of December following, shall, ma^|^|^e^t^s,^^and
like manner, be assets in the hands of the executors or adminis- i^^'^^-
trators ; but all such emblements growing on the lands on that ^ /.^-g. g. s.
day, or at the time of the testator's or intestate's death, if that 2050.
happens after the said last day of December and before the
first day of March, shall pass with the lands.
Sec. 2541. Where any person not a citizen of this State has ^ Eff|cjs^ofJe-
died, or shall die, already indebted to a citizen of this State, "-dentsiiabie
the assets and effects within the same, of such deceased person, ci^n-^e^n.s^^as
being sufficient for the payment of all his debts, shall be liable —^-^-^
to discharge the debts due the citizens of tne State, in the R-^^ s. ^2 0 5^;
same manner as if the same had been liquidated by bond or § 1.
other specialty ; any law, usage, or custom to the contrary not-
withstanding.
Sec. 2542. All administrators and executors may, by and ^^^ Adminis^ra-
with the consent of the Probate Judge, compromise all demands l°J^^Ys°"''"
coming into their hands as such, where the same are appraised —^-^-^
doubtful or worthless ; and where such compromises are made, R.^ ^s.^ 2^^5^2;
the same shall be fully shown in their annual returns. sis, §'2.
Does not apply to debts contracted with executor or administrator.— Geiger v.
Kaigler, 9 S. C, 401-
ARTICLE II.
Sale of Land in Aid of Deficient Personal Assets to
Pay Debts.
Sec.
2543. If assets are insufficient to
pay debts, real estate to be
sold and proceeds applied.
2544. Executor or administrator to
give bond for due adminis-
tration of fund.
Sec.
2545. Proceeds of sale to be paid
upon petition of creditors ;
proviso.
2546. Upon such application, execu-
tor or administrator to ac-
count for assets.
976
CIVIL CODE
A. D. 1902.
Sec.
2547.
Sec.
2550. Full record to be kept, &c.
2551. Fee of Probate Judge ; how
paid.
2552. SherifE to serve process; fees
of.
2553. Sheriffs costs, how collected.
Heirs or devisees to be sum-
moned ; form of summons.
2548. Service of copy ; proviso.
* 2549. Non-residents to be served by
publication ; if assets insuf-
ficient, proceeds of sale, or
so much as necessary, to be
paid to executor or adminis-
trator.
The order for sale is binding on all parties to the proceedings and destroys
their right to claim homestead in the land sold. — Culler v. Crim, 52 S. C, 574;
30 S. E., 635.
If assets are Sectioii 2543. The Tud8:es of Probate of the several Counties
insufficient to .
pay debts, in this State shall have power, if the personal estate of any
real estate to . . .
be sold and intestate, testator, or testatrix, in the hands of the administra-
proce e d s ap-
plied tors or executors, or if the assets set apart by a last will and
G. s. 1931; testament, be insufficient to pay the debts of the deceased, to
R. S. 2053; ' . . ^ ■' '
1842, XI., 232, pay over to the administrators or executors of such estate the
§1; 1875, XV., ^ -^
868, § 2. whole or so much of the proceeds of the sale of the real estate
of the deceased, sold by them, the said Judges, as will pay
the outstanding debts of the deceased ; and the administrators
or executors receiving the same shall be chargeable therewith
as with other assets which have come into their possession in
the regular course of administration.
McNamee v. Waterbury, 4 S. C, 156; Suber v. Allen, 13 S. C, 317; Scruggs
v. Foote, 19 S. C, 274.
Executors or Scc. 2544. Before paying over to any executors or adminis-
a dniinistrators ...
to give bond trators any moneys arising from the sale of real estate, as pro-
f o r fa ithful . , "^ . , . ^ . „ . ' f
a dministration vidcd and directed in the preceding Section, Judges of Probate
of funds aris- . . , , . . ' J a
ing from such shall requirc the said administrators or executors to enter into
bond, with good and sufficient surety, payable to the Probate
G. S 1932" ' 0 J ' f J
R. s. 2 05 4; Judge, and in a penal sum equal to double the amount to be
1842, XI., £33,- .? . ,. . r \ ■ ^ ^ 1 , 11 1 1 •
§2. paid over, the condition of which bond shall be the just and
faithful administration of the fund according to law.
Suber v. Allen, 13 S. C, 317.
Moneys aris- Sec. 2545. On application by a creditor or creditors of the
to be p a id deceased, by petition in writing, stating the indebtedness of
of creditors; the deccased, the deficiency of assets, and praying that the
'■ proceeds of the sale of real estate of the deceased may be paid
R. s. 20 55; over to the executor or administrator, (as the case mav be,)
1842 XI 233 • . "^
§3.' " ■' 'and applied to the satisfaction of the debts of the deceased,
the Probate Judge shall pay over to the executor or adminis-
trator, taking bond and surety, as provided by this Chapter,
such proceeds, or so much thereof as shall be necessary : Pro-
OF SOUTH CAROLINA.
vided. The heirs at law, or devisees, shall have notice thereof
and be required to show cause, if any they can, to the contrary.
But not E.v parte application oi administrator. — Ex parte Foster. Rice Eq., 19.
Sec. 2546. The Probate Judge shall, on such application, ^pUpon.^s^u c^i
forthwith cite the executor or administrator to appear and ^=M°[^Xr fo
account for the assets of the deceased, if such accounting has ^^[^o""^ for as-
not been previously had. J6., § 4; g.
Sec. 2547. He shall also summon the heirs at law, or de-|.i934; R. s.
visees, of the deceased, as the case may be. The form of the ^^.^^ ^^ ^^
summons shall be as follows : Ju ^^i^ o n°ed1
"To A B and C D, heirs at law of E F (or devisees) of E. F : ^oj- ^f s"-
"You are hereby required to appear at the Court of Probate, ^^ . ^ g
to be holden at Court House, for l^^^' R- s.
County, on the day of , Anno Domini
, to show cause, if any you can, why the proceeds of
the sale of the real estate of E F, deceased, sold by me should
not be paid over to G H, executor (or administrator) of the
said E F, to be applied by him to the payment of the debts
of the said E F.
"Given under my hand and seal, this day of ,
A. D
(Signed) "I K, [l. s.]
"Probate Judge of County."
Sec. 2548. A copy of the said summons shall be served on ^^s^e r^v jce ^of
the parties interested, in like manner as summonses are served ^^' ^ ^
in civil actions in the Circuit Courts; and if there be minors, 1^9 1 6;^ r^ s.
the Probate Judge shall appoint guardians ad litem, who shall Procedure,^ § §
be served with a copy of such summons, and the appointment
and acceptance of such guardianship shall be endorsed on the
petition: Provided, That nothing herein contained shall pre-
clude any of the parties from accepting the service of such
summons, or from consenting to the application of the funds
as prayed for in such petition.
Proceedings prior to adoption of Code of Civil Procedure.— Rollins v. Brown,
37 S. C, 347; 16 S. E., 44. ^ _ Citation of
Sec. 2549. If any of the parties reside beyond the limits of no^./esidents
this State, or whose residence is unknown, and do not consent, i^^^'jon; if as-
in writing, that the funds be so applied, the Probate Judge I'^^'i en t!"suf-
shall advertise for his, or her, or their appearance, by P^^^^^^^' ce"ds^f s.aTe
tion of the summons as provided by Section 156 of the Code !^I_^!Ei!__
of Procedure; and if such party shall not appear and show^, g 3 059-;
sufficient cause, within the time named in the said summons, ff> ^^•> ^33.
then the Judge of Pfobate shall enter of record his, her, or
62.— C.
978 CIVIL CODE
A. D. 1902.
^^'"^'^'^■"^ their consent as confessed, and shall take an account of the
executor or administrator relative to the assets of the estate of
the deceased ; and if he shall be satisfied that they are in-
sufficient to pay the debts thereof, of which he shall make an
exhibit in the said account, he shall pay over to the executor
or administrator the whole or so much of the proceeds of the
sale of the real estate in his hands as may be necessary to pay
the debts of the said deceased.
Sale without order for sale void. — Hunter v. Hunter, 58 S. C, 382; 36 S. E.,
734-
to^beVpt':°"^' Sec. 2550. The Probate Judge shall file and keep in his office
lb., §5; G. the petition and all the papers connected therewith, and shall
2060.^ ' ' " enter in his cash book the amount abstracted from the sale of
the real estate, and paid over to the executor or administrator,
after deducting all costs ; and the balance remaining in his
hands, if any, shall be disposed of as provided by law.
bate^judge^"^" ^^^' 2551. The Probatc Judge shall receive for his services
jj, . Q ^ required by Sections 2543 to 2551 inclusive, of this Chapter, the
206L ^' ^' ^' s^™ of five dollars, and no more, out of the proceeds of the sale
of the real estate of the deceased, unless the application be re-
fused or rejected by the Probate Judge, in which case the same
shall be paid by the petitioner or petitioners, and the Probate
Judge is empowered to enforce execution against him or them
for the same.
exe^c^utiVo°- ^^^- ^^^'^' ^^'^^ Sheriffs of the several Counties in this State
cess; fees. ^^.^ j-equired to serve all processes which may be issued by the
G.^^s. 1940;^ r! Probate Judge under the provisions of Sections 2546 to 2549
s. 20C2. inclusive, of this Chapter, for which they shall receive the
same fees as are allowed them by law for similar services.
h?w coulcTed.'' ^®^- ^^^^- ^^^ Sheriff's costs shall be paid out of the pro-
~J^. — Q — ^ceeds of the sale of the real estate of the deceased, or by the
2063'^' ^" ^' Petition or petitioners, as provided for in Section 2552 of this
Chapter.
OF SOUTH CAROLINA.
CHAPTER LXXIII.
Accounts and Commissions of Executors and Administrators.
Sec.
2555. Executors and administrators
to account to Probate Judge
annually.
2556. Duty of Probate Judge ;
penalty for default in mak-
ing returns.
2557. No administrator to account
otherwise than by inventory,
except to persons interested.
2558. Judge of Probate may cite ex-
ecutors, &c., removing, &c.
Sec.
2559. Upon default, &c., letters tes-
tamentary or of adminis-
tration to be revoked.
2560. Commissions.
2561. Action of additional compen-
sation ; when may be
brought.
2562. Apportionment of commis-
sions ; when and how.
2563. When commissions allowed
estate of deceased executor
or administrator.
Section 2555. Executors or administrators shall annually, ^ n^d^^^dm?!!^
while any estate remains in their care or custody, at any timej^^^^°J^gf°™gg^
before the first day of July of each year, render to the Judge pfand to whom.
Probate of the County from whom they obtained letters testa- ;^ ^g \ ^^^l'.
mentary or letters of administration a just and true account, ^^g'^j-. -^ ^gY^-
upon oath, of the receipts and expenditures of such estate the^^ ^^^y^j^j^-
preceding- calendar year, which, when examined and approved, ''^~^-
shall be deposited with the inventory and appraisement, or
other papers belonging to such estate, in the office of said Judge
of Probate, there to be kept for the inspection of such persons
as may be interested in the estate.
If any executor or administrator should neglect to render g^i^^*' xxi.,
such annual accounts he shall not be entitled to any com-
missions for his trouble in the management of the said estate,
and shall moreover be liable to be sued for damages by any
person or persons interested in such estate.
Logan V. Logan, i McC. Ch., i; Wright v. Wright, 2 McC. Ch., 196; Lewis v.
Price, 3 Rich. Eq., 172; Koon v. Munroe, 11 S. C, 141; Johnson v. Henegan, 11
S. C, 93; McGougan v. Hall, 21 S. C, 601. Mode of stating account. — Cunning-
ham v. Cauthen, 37 S. C, 124; 15 S. E., 917.
Sec. 2556. When an administrator or executor, appointed by Duty of Pro-
. ' ^'- ^ bate Judge.
the Judge of Probate, shall neglect to make his annual return Penalty for de-
. , • , ■ M , • ^ • r , • /-, • fault in mak-
withm the time prescribed m bection 2555 of this Chapter, iting returns,
shall be the duty of the Judge of Probate forthwith to cite /&., § 2; g.
S. 1943' R. S
him or her so to do ; and upon his or her neglect or refusal to sdes.
render such account within twenty days from the service of the
said citation, such defaulter shall be adjudged in contempt, and
the Judge of Probate is empowered and required to issue his
attachment against such defaulter, and he or she shall purge
such contempt by rendering such account. Such defaulter
CIVIL CODE
shall be fined in a sum not exceeding twenty dollars ($20)
for each and every day during which such default may con-
tinue. And in case of such recusant administrator, he may
further revoke the letters of administration: Provided, That
upon good and sufficient cause shown before such Judge of
Probate, he may excuse the omission on the part of such execu-
tors and administrator to make the return required in this Chap-
ter within the time herein limited, and the said Judge of Pro-
bate may give to such executor or administrator so in default
a reasonable time within which to file his return, not exceeding
sixty days.
No adminis- gee. 2557. No administrator shall be cited to render an ac-
trator to ac- ^ , . . / i • i i
count other- count of the pcrsoual estate of his mtestate (otherwise than by
wise than by ^ _ . , p, , . , ^ .
inventory, ex- a.n inventory or inventories thereof ) unless it be at the instance
cept to persons ;' • -u i, ir r •
interested. or prosccution of somc pcrson or persons m benalt oi a minor,
G s. 1944; or havinsf a demand out of such personal estate as a creditor or
R. S. 2066; 1 & ,, , i , • i •
J. a, c. 17; next of kin, nor be compellable to account otherwise than is
1712, II., 630, / ^
§ 6. herein provided.
Sec. 2558. When any executor or administrator has, since
Judgeof ....
Probate may the grant of letters testamentary or of administration, or any
cite executors, ^ .... . ^ . . .
&c., removing, trustcc, guardiau of minors, committee of lunatics and persons
G. s. 1891; non compos mentis, changed his domicile to a place beyond
RS206 7' ^o j^ .'
1878, ' X V I.; the limits of this State, or has been absent from the State for
ten consecutive months then last past, and such change or
absence is made to appear to the satisfaction of the Judge of
Probate of the County wherein the letters were granted or ap-
pointment made, it shall be the duty of such Judge of Probate
to cite such executor or administrator, trustee, guardian of
minors, committee of lunatics and persons non compos mentis,
to account in person before him on a day named in the citation,
which shall not be less than sixty days from the date thereof ;
and such citation shall be served upon such absent executor
or administrator, trustee, guardian of minors, committee of
lunatics and persons non compos mentis, by publication forth-
with, once a week for four weeks, in the newspaper in which
the said Judge of Probate publishes his official advertisements,
and a copy shall be mailed to such absent executor or ad-
ministrator, trustee, guardian of minors, committee of lunatics
and persons non conipos mentis, at his or her or their place of
residence, if it is known or can with reasonable diligence be
ascertained.
Letters should not be granted a non-resident of the State. — Burkhim v.
Pinkhussohn, 58 S. C, 469; 36 S. E., 90S.
OF SOUTH CAROLINA.
Sec. 2559. If, upon such citation, such absent executor or
administrator, trustee, guardian of minors, committee of luna- ^ ^g^tamentary
tics and persons non compos mentis, fail to appear in person and^ of ^admm-
upon the day named and render a return of his administration be revoked.
up to date, or, appearing by attorney, fail to disprove a change ^ g.^ s.^ ^i892;
of domicile and continuous absence for ten months next pre- i^ 7 8 xvi.,
'■ 701, 8 2.
ceding the date of citation, in the case of an administrator, the
letters of administration shall be revoked; and in the case of
an executor, such failure shall be received as a formal renun-
ciation of the office, notwithstanding his previous acceptance;
and in case of any trustee, committee, or guardian, the ap-
pointment shall be revoked and annulled.
Sec. 2560. Every executor or administrator shall, for his. Commissions.
her, or their care, trouble, and attendance, in the execution of g. s.^^1945;
their several duties, take, receive, or retain in his, her, or their i^sg, v., 112.
hands, a sum not exceeding the sum of two dollars and fifty
cents for every hundred dollars which he, she, or they shall
receive, and the sum of two dollars and fifty cents for every
hundred dollars which he, she, or they shall pay away, in
credits, debts, legacies, or otherwise, during the course and
continuance of their or either of their managements or ad-
ministrations, and so in proportion for any sum or sums less
than one hundred dollars : Provided, That no executor or ad-
ministrator shall, for his, her, or their trouble in letting out
any moneys upon interest, and again receiving the same, be
entitled to take or retain any sum exceeding ten dollars for
every hundred dollars for all sums arising by moneys let out
to interest, and in like proportion for a larger or lesser sum;
nor shall any executors or administrators who may be creditors
of any testator or intestate, or to whom any sum of money
or other estate may be bequeathed, be entitled to any com-
missions for paying or retaining to themselves any such debts
or legacies.
Jenkins v. Fickling, 4 Dess., 369; Benson v. Bruce, 4 Dess., 463; Jones v.
Blakely, 2 McC. Ch., i; Wright v. Wright, 2 McC. Ch., 185; Deas v. Spann, Harp.
Eq., 176; Kiddle v. Hammond, Harp. Eq., 223; Edmunds v. Crenshaw, Harp. Eq.,
224; Burns v. Ford, 1 Bail., 507; Ball v. Brown, Bail., Eq., 374; Corbin v. Jones,
Rich. Eq. Ca., 52; Howard v. Schmidt, Rich. Eq. Ca., 452; Frazier v. Vaux, i
Hill Ch., 203; Brown v. McCall, 3 Hill, 335; Massey v. Massey, 2 Hill Ch., 492;
Vance v. Gary, Rice Eq., 2; lEx parte Commissioner, 3 Rich, Eq., 13; Griffin v.
Bonham, 9 Rich. Eq., 71; Bobo v. Poole, 12 Rich. Eq., 224; Koon v. Munroe, 11
S. C, 139; Brooks V. Brooks, 12 S. C, 442; Davidson v. Moore, 14 S. C, 251;
Tompkins v. Tompkins, 18 S. C, 29; McGougan v. Hall, 21 S. C, 601; Roberts v.
Johns, 24 S. C, 589; Woodward v. Woodward, 36 S. C, 118; 15 S. E., 355; Cobb
V. Fant, 36 S. C, i; 14 S. E., 959; Turnipseed v. Sirrine, 60 S. C, 272; 38 S. E.,
423; Tucker v. Richards, 58 S. C, 22; 36 S. E., 3; DeLoach v. Sarratt, 58 S. C,
117; 36 S. E., S32; Cunningham v. Cauthen, 44 S. C, 95; 21 S. E., 800; Jones v.
Jones, 39 S. C, 247; 17 S. E., 587.
982 CIVIL CODE
A. D. 1902. ■
^^^^v^ ' Sec. 2561. Any executors or administrators, who shall have
Executors not ]-,a J extraordinary trouble in the management of the estates
satisfied may •' "
b r i ng action under their care, and shall not be satisfied with the sums herein-
for additional '
compensation, beforc mentioned, may be at liberty to bring an action in the
T. '^o ^-^ Pi^= Court of Common Pleas for their services; and the verdict of
R. S. 2 0 / 0;
1745, III., 668, the jury and judgment of the Court thereupon shall be final
and conclusive in such cases : Provided, ahvays, That no ver-
dict shall b€ given for more than five per centum over and
above the sums allowed by this Chapter.
Ruff V. Summers, 4 Dess., 529; Logan v. Logan, i McC. Ch., i; Wallace v.
Ellerbe, Rich. Eq. Ca., 49; Frazier v. Vatix, i Hill Ch., 203.
Sec. 2562. The commissions given by this Chapter shall be
servke.' ^ ^ ^° divided amongst executors and administrators in proportion to
Q s. 1947; the services by them respectively performed, to be rated and
^S9,^'v^,°i]i! settled by the Judge of Probate who granted probate of the
^^°- will or letters of administration, if the executors or adminis-
trators cannot agree amongst themselves concerning the same,
s^.^'dyhig,* Ms S^^- 2563. When any executor or administrator dies, after
commissfdSs'^'^ having settled the estate of the testator or intestate, except
~~^ ^ j^^ allowed commissions for paying over such legacies or dis-
?s59\ii°8i5' t^^'^^t^^^' t^^ estate of such executor or administrator shall be
§2- allowed commissions for paying over such legacies or dis-
tributive shares, as well as for receiving them.
Commissions
to be divided
CHAPTER LXXIV.
Settlement and Distribution of Intestate Estates.
Sec.
2564. No distribution until one year
after intestate's death.
2565. Proceedings for distribution
where parties are absent and
whereabouts unknown, &c. ;
duty of Probate Judge.
2566. Proof of publication ; where
filed.
2567. Decrees to be made in default
of appearance.
Sec.
2568. If parties appear, further pro-
ceedings to be discharged ;
proviso.
2569. Proceedings on appearance of
person claiming as heir, &c.,
of party advertised for.
2570. Right of absent party not
barred if claimed within
three years after distribu-
tion.
tion" tin^^af ter Sectloii 2564. No distribution of the goods of any person
""^^ y^^*"- dying intestate shall be made till after one year be fully expired
R % ^2o^?3- after the intestate's death.
18 7 8, XVI.,
4 0 2; 1879,
XVII., 25.
Pearson v. Charlton, 18 S. C, 55.
OF SOUTH CAROLINA.
Sec. 2565. If, after the expiration of twelve months from the
grant of letters of administration on the estate of any person p ' stribution
dying intestate, it shall be made to appear to the satisfaction a^r^l^absen^i"
of the Judge of the Court of Probate by which said letters — ^ g ^^^g.
of administration were granted, that the administrator or ad-,^- s. 2074;
lobZf A. V 1 -I-.»
ministrators of such estate are unable to ascertain the where- loss.
abouts of any person supposed to be entitled as distributee of
such estate, or whether any person who, if living, would be en-
titled as distributee of said estate, be dead or not, and that such
person has never been domiciled in this State, it shall be lawful
for the said Judge of Probate to issue a citation addressed to
all persons interested in the said estate as distributees, calling
on such person whose whereabouts or the fact of whose death
is unknown, his personal representatives or distributees, to be
and appear before the said Probate Court on a day and at a
certain hour to be specified in said citation, and to show cause
why the said administrator or administrators should not be de-
creed to distribute said estate as if the said person whose where-
abouts or the fact of whose death is unknown had died before
the said intestate, and notifying all persons entitled to the said
estate as distributee or otherwise, to appear on the day and at
the time so to be appointed, before the said Court to intervene
for their interest in said estate. The day fixed in said citation,
on which cause shall be shown as aforesaid, shall be the first
Monday in the month, and shall not be less than three months
after the date of said citation. The said citation shall be pub-
lished once a week for six successive weeks in One newspaper
published in the County in which said Probate Court is held ;
the first publication of the said citation to be made within ten
days after the date thereof ; said newspaper to be designated by
the said Judge of Probate : Provided, The said Judge of Pro-
bate shall have right, in his discretion, to order such citation
to be published once a week for three successive weeks in one
other newspaper published in such other place as he shall think
most likely to give notice to the parties interested in said estate.
Distributee absent from State for more than seven years before death of intes-
tate presumed to be dead then, and administrator must distribute accordingly. — ■
Burns v. Ford, i Bail., 507.
Sec. 2566. The publication of said citation as hereinbefore ^g-^iri°°^g°jf^^^J
prescribed shall be proved by filing with the said Judge of Pro- ^^ ^^^'^-
bate copies of the newspapers containing the publication of said ^ *^g ^2 ^ 7^5.'
citation, and the affidavit of the publisher or printer of the said^^^^- x v 1 1.,
respective newspapers.
CIVIL CODE
Sec. 2567. x\t the time fixed in said citation for cause to be
d?sVr^ibutio°i^^°^^" ^^ aforesaid, due proof of publication having been made
pStfes do^no^^^*^ ^^^^ ^^ hereinbefore required, if no person appear as
^PP^^'"- therein required, the said Probate Court shall decree distribu-
g^2Q§g^^^°' ^- tion of said estate to be made as if the person whose where-
abouts or the fact of whose death is unknown had died before
the intestate, and distribution so made by the administrator or
administrators shall be a full and complete discharge to the
administrator or administrators.
dfsXargtdff ^^^- ^^^^- ^^ ^^^^ ^^^^ ^^^ ^" th^ said citation for cause to
parties appear. ]^q showu as aforcsaid, duc proof of publication having been
s ■^ W-'^^R |-made and filed as hereinbefore required, if the person whose
2077. whereabouts or the fact of whose death was unknown shall ap-
pear, all further proceedings shall be discharged: Provided,
hozvever, If the identity of such person so appearing shall be
disputed by the administrator or administrators or any dis-
tributee of such intestate or the legal representatives of any
such distributee, the said Probate Court shall proceed to hear
and determine the said controversy, and if the same be deter-
mined against the said person so appearing, distribution of the
said estate shall be made as prescribed in Section 2567 of this
Chapter; but if the same be determined in favor of said party
so appearing, he shall be held and deemed to be the person
whose whereabouts or the fact of whose death was unknown,
such determination in either case, however, to be subject to ap-
peal as provided by law in other cases of appeal from the Pro-
bate Court,
appear" a^f t'l'r ^60. 2569. At the cxpiratiou of the time fixed in the said cita-
liml^^^''^ ° ^tion for cause to be shown as aforesaid, due proof of publication
G. s. 1917; R. having been made and filed as hereinbefore required, if any
xvn.f io9a^^' Person or persons shall appear claiming to be heir, or distribu-
tee, or personal representative of the person whose whereabouts
or the fact of whose death is unknown, or otherwise entitled to
his estate, and claiming a distributive share in the intestate's
estate, the said Probate Court shall proceed to hear and deter-
mine whether the said person, whose whereabouts or the fact
of whose death is unknown, died before or after the intestate,
and if the determination be that such person whose whereabouts
or the fact of whose death is unknown died before the intestate,
distribution of such intestate's estate shall be made accordingly ;
but if the determination be that the said person whose where-
abouts or the fact of whose death is unknown died after the
OF SOUTH CAROLINA.
death of the intestate, the said distributive share of such person
shall be paid and delivered by the said administrator or admin-
istrators to the person or persons legally entitled to receive the
same, such determination in either case, however, to be subject
to appeal as provided by law in other cases of appeal from the
Probate Court.
Sec. 2570. Nothing: herein contained shall debar or prevent, .^ig'}* to dis-
^ ^ tribution not
any such person whose whereabouts was unknown at the time J'^''^'^'^ within
■^ ^ three years.
of the distribution of the said estate as aforesaid, and who shall,
7b.;
within three years after the distribution of the estate as afore- Iq^.^^;
said, appear and claim his or her said distributive share as heir
at law or distributee, from recovering from the other distribu-
tees between whom the said estate has been divided as aforesaid,
or any of them, his or her said share, or such portion thereof
as any such distributee may have received from the said estate,
over and above his or her individual share, by reason of the ab-
sence of such person whose whereabouts was not known at the
time of the said distribution.
Acceptance of dower by widow bars her right to distributive share of estate. —
Glover V. Glover, 45 S. C., 51; 22 S. E., 739; Buist v. Dawes, 3 Rich. Eq., 281;
Evans v. Pierson, 9 Rich. L., 12.
G.
R.
CHAPTER LXXV.
Liability of Heirs and Devisees.
Sec.
2571. Debt upon specialty suable
against the heirs and de-
visees jointly.
2572. Devisees chargeable for false
answer.
2573. Devise for raising portions
pursuant to a marriage con-
tract good.
2574. Heir aliening before action
answerable for debts to
value of land sold.
Sec.
2575. Creditors preferred ; execu-
tion ; exception.
2576. Heirs may plead nothing by
descent ; issue thereon ; ver-
dict, judgment and execu-
tion.
2577. No inquiry as to lands de-
scended ; when judgment
against heir is by confession
or upon demurrer, &c.
2578. Devisee liable and chargeable
in same manner as heir.
Section 2571. Where several persons have, by bonds or other Debt upon
specialties, bound themselves and their heirs, and have after- against the
wards died seized in fee simple of and in lands, tenements, andvisees jointly.
hereditaments, or, having power or authority to dispose of or g. s. 1949; r.
1 1 ...... , --S. 2OSO; 3 & 4
charge the same by their wills or testaments, have, to the de- w. & m., c.
. . . . 14; 1712, II.,
frauding of their creditors, by their last wills or testaments de- 533, §§ i"3.
vised the same, or disposed thereof in such manner that such
creditors have lost their said debts, every such creditor shall
CIVIL CODE
and may have and maintain his, her or their action upon his,
her, and their said bonds and specialties, against the heir and
heirs at law of such obligor and obligors, and such devisee and
devisees jointly.
Lands devised subject to lien of judgment against executor of devisor. — Brock
V. Kirkpatrick, 60 S. C, 322; 38 S. E., 779. Cases on liability of heirs and de-
visees reviewed. — lb. Wheeler v. Floyd, 24 S. C, 413; Hendrix v. Holden, 58 S.
■ C, 495; 36 S. E., 1020; Arial v. Arial, 29 S. C, 84; 7 S. E., 35; Causey v. Yarn,
28 S. C, 608; 6 S. E., 152. Necessity of exhausting personal property. — Mobley
v. Cureton, 6 S. C, 49. Priority of creditors claim over mortgage by heir. —
Adger v. Pringle, 11 S. C, 527.
In such action at law the executor cannot be joined. — Vernon v. Valk, 2 Hill
Ch., 257. But when creditor sues in equity the executor should be made a party.
— Vernon v. Valk, 2 Hill Ch., 257; Goodhue v. Barnwell, Rice Eq., 198. Time of
bringing action. — Cleveland v. Mills, 9 S. C.j 430.
Devisee Sec. 2572. Such devisee or devisees shall be liable and
chargeable for , , . ...
false answer, chargeable for a false answer by him or them made, m the same
ih., 5.34, §3; manner as anv heir should have been for any false answer by
G. S. 1950; R. . , ; ..,,,/ . .
s. 2081. him made, or for not contessmg the lands and tenements to him
descended.
Devise for Scc. 2573. Where there has been, or shall be, any limitation
raising por- • ^ ^ j • j- •,.• t
tions pursuant Or appointment, devise or disposition of or concerning any
to a marriage , , , , . ....
contract good, lauds, tenements, or hereditaments, tor the raising or payment
Ih., § 4; G. of any real and just debt or debts, or any portion or portions,
2082. ' ■ ' sum or sums of money, for any child or children of any person,
other than the heir at law, according to or in pursuance of any
marriage contract or agreement in writing, bona fide made be-
fore such marriage, the same and every of them shall be in full
force; and the said lands, tenements, and hereditaments, shall
and may be holden and enjoyed by every such person or per-
sons, his, her, and their heirs, executors, administrators, and as-
signs, for whom the said limitation, appointment, devise, or
disposition was made, and by his, her, and their trustee or trus-
tees, his, her, and their heirs, executors, administrators, and as-
signs, for such estate or interest as shall be so limited or ap-
pointed, devised, or disposed, until such debt or debts, portion
or portions, shall be raised, paid, and satisfied.
beiore^'actS Scc. 2574. In all cases where any heir at law shall be liable to
He snail ue 11a- .
Die lor aeots .
01 ancestor to
value or iana '
make over the same before any action brought against him.
ne snail ue 11a- ^^^ ^^^ ^^t^^ q£ j^jg auccstor in regard of any lands, tenements,
01 ancestor^^o Qj. hereditaments, descending to him, and shall sell, alien, or
sold
G. s. 1952; K. g^ch heir at law shall be answerable for such debt or debts to
S. 2083; 3 & 4 . ...
w. & M., c. 14; the value of the said land so by him sold, aliened, or made over.
eg ' '' ' Martin v. Jennings, 52 S. C, 371; 29 S. E., 807; Lowry v. Jackson, 27 S. C, 323;
3 S. E., 473; Heudrix v. Seabrook, 25 S. C, 481.
OF SOUTH CAROLINA.
Sec. 2575. In any of the cases referred to in the last Section,
creditors shall be preferred as in actions against executors and f^red'*°^^ ^^^
administrators, and execution shall be taken out upon any
lb.; G.
judgment or judgments so obtained against such heir, to the^oy^' ^"
value of the said land, as if the same were his own proper debt
or debts, saving that the lands, tenements, and hereditaments,
bona fide aliened before the action brought, shall not be liable
to such execution.
Jones V. Wightman, 2 Hill, 579; Richardson v. Chappell, 6 S. C, 146; Lanier
V. Griffin, n S. C, 583; Adger v. Pringle, 11 S. C., 548; Warren v. Raymond,
12 S. C, 22; Smith V. Grant, 15 S. C., 147; Warren v. Raymond, 17 S. C., 196.
Heir
may
nothing
upon issue s/^-..^? ^ %
Sec. 2576. Where any action upon any specialty is brought j^^^
against any heir, he may answer that he has nothing by descent by descent
at the time of the commencement of action. If
joined thereupon a verdict be found for the plaintiff, the jury^oss,
shall inquire of the value of the lands, tenements, or heredita-
ments, so descended, and thereupon judgment shall be given,
and execution may be issued accordingly.
Sec. 2577. If judgment be given against such heir by con- judgment
r ■ r, .., ^^P, 111 against heir by
f ession of the action, without confessing the assets descended, confession, &c.
or upon demurrer or default, it shall be for the debt and dam- ib., G. s.
1 9 5 5" R. S.
ages, without any order to inquire of the lands, tenements, or20S6.
hereditaments so descended.
Sec. 2578. All and every devisee or devisees made liable by ^ ^j^J i,^|^p^^gy:
this Chapter shall be liable and chargeable in the same mannerjn^de liable to
^ "-) t) e chargeable
as the heir-at-law, notwithstanding the lands, tenements, and ^s heir.
hereditaments, to him or them devised, shall be aliened before „-^^a' ^^£i ^l'
Kj. b. iyobj K.
the action brought. s. 2os7.
CHAPTER LXXVI.
Trusts and Special Provisions Relating to Trusts.
Sec.
2579. Trust deed to use of donor
void.
2580. The seizin of trust estates to
be in the beneficiaries
thereof.
2581. If several be seized to the use
of one, the seizin shall fol-
low the use.
2582. Beneficiaries of rents out of
a trust estate have same
title as if conveyed by grant,
&c.
2583. All creations of trust shall be
in writing.
Sec.
2584. Trusts arising transferred or
extinguished by implication
of law excepted.
2585. Assignment of trust to be in
writing.
2586. Trusts shall be assets in the
hands of heirs.
2587. Heir not chargeable of his
own estate for the debts of
ancestor.
2588. Substitution of trustees ; pro-
viso.
2589. Trustees to make annual re-
turns.
2590. Commissions of trustees.
988 CIVIL CODE
A. D. 1902.
^— ^v — ' Section 2579. All deeds of gift of goods and chattels in trust,
Trust deed of to the use of the person or persons that made the same deed of
chattels to use ^ ^
o f granto rp-ift shall be void and of none effect.
void. fc> ' ,„,.,-
::; — Sec. 2580. Where any person or persons shall be seized oi
s. 20S8; 3 H. 7, and in any lands, tenements, rents, reversions, remainders, or
c. 4; 1712, II., "^
453, § 1. Other hereditaments, to the use, confidence, or trust of any other
The posses- person or persons, or of any body politic, by reason of any bar-
estates to be in gain, salc feoffment, covenant, contract, agreement, will or oth-
the b e n e fici- ° . it t • i i in
aries thereof, erwise, the pcrson, persons, or bodies politic, that have or shall
G. s. 195S; R. have anv such use, confidence, or trust, in fee simple, fee-tail,
S. 2089- 27 H. .
8,' c. 10; 1712^ for term of life or for years, or otherwise, or any use, confi-
dence, or trust, in remainder or reversion, shall be deemed and
adjudged in lawful seizin, estate, and possession of and in the
same lands, tenements, rents, reversions, remainders, and here-
ditaments, with their appurtenances, to all intents, construc-
tions, and purposes in law, of and in such like estates as they
had or shall have in use, trust, or confidence of or in the same.
Trusts of personalty not embraced herein. — Rice v. Burnett, Speer Eq., 583;
Harley v. Piatt, 6 Rich., 315; Creighton v. Pringle, 3 S. C, 78; Lanier v. Brun-
son, 21 S. C, 41; Blount v. Walker, 31 S. C, 13; 9 S. E., 804. Applied. — Pledger
V. Easterling, 4 Rich., 101; Pearce v. McClenaghan, 5 Rich., 178; Lamar v. Simp-
son, I Rich. Eq., 71; McNish v. Guerard, 4 Strob. Eq., 66; Faber v. Police, 10
S. C, 376; Bouknight v. Epting, 11 S. C, 71; Farrow v. Farrow, 12 S. C, 168;
Howard v. Henderson, 18 S. C, 184; Covar v. Cantelou, 25 S. C, 35; Welters v.
Timmons, 25 S. C., 488; McNair v. Craig, 36 S- C, 100; 15 S. E., 135; Reeves v.
Brayton, 36 S. C., 384; :$ S. E., 658. Where the intention is that the State shall
not be executed in the cestui que use, and any object is to be effected by its re-
maining in the trustee, then it shall not be executed. — Wilson v. Cheshire, i McC.
Ch., 233; Ramsey v. Marsh, 2 McC, 252; Posey v. Cook, i Hill, 413; Laurens v.
Jenney, i Speer, 356; Porter v. Doby, 3 Rich. Eq., 53; Williman v. Holmes, 4
Rich. Eq., 475; McCaw v. Galbraith, 7 Rich., 80; Creighton v. Pringle, 3 S. C, 77;
Smith V. Smith, 24 S. C, 313; Bowen v. Humphreys, 24 S. C, 455; Bristow v.
McCall, 16 S. C, 548; Farr v. Gilreath, 23 S. C, 511; Huckaby v. New-
ton, 23 S. C, 291; Ayer v. Ritter, 29 S. C, 13s; 7 S. E., 53; Blount v. Walker, 31
S. C, 13; 9 S. E., 804; Snelling v. Lamar, 32 S. C, 72; 10 S. E., 825; State v.
Evans, 33 S. C, 184; 11 S. E., 697; Carrigan v. Drake, 36 S. C, 354; 15 S. E., 339;
Mims v. Macklin, 53 S. C, 6; 30 S. E., 585; Foster v. Glover, 24 S. E., 370; 46
S. C, 522; Robinson v. Ostendorff, 38 S. C, 66; 16 S. E., 839. Nor where a use is
limited upon a use. — Wilson v. Cheshire, i McC. Ch., 233; Blount v. Walker, 31
S. C, 13; 9 S. E., 804. Conveyance in fee reserving usufruct for life to the
grantor. — Cook v. Cooper, 59 S. C, 560; 38 S. E., 218; Cribb v. Rodgers, 12 S. C,
564-
If several be Scc. 2581.' Where divers and many persons shall happen to
to'^'the ilfJihe jointly seized of and in any lands, tenements, rents, rever-
the se'izin shSi sious, remainders, or other hereditaments, to the use, confidence,
slaving"" The or trust of any of them that be so jointly seized, such person or
fels^o°use.^° ' pcrsons which have or shall have any such use, confidence, or
ib.,^2,3; G. trust in any such lands, tenements, rents, reversions, remaind-
2690.*^'^' ^' ^' ers, or hereditaments, shall have, and be deemed and adjudged
to have, such estate, possession, and seizin, of and in the same
OF SOUTH CAROLINA.
lands, tenements, rents, reversions, remainders and other here-
ditaments only to him or them that have, or shall have, any
such use, confidence, or trust, in like nature, manner, form,
condition, and course, as he or they had before in the use, con-
fidence, or trust of the same lands, tenements, or hereditaments,
saving and reserving to all and singular persons and bodies po-
litic, their heirs and successors, other than such person or per-
sons which are, or shall be, seized of any lands, tenements, or
hereditaments, to any use, confidence, or trust, all such right,
title, entry, interest, possession, rents, and action, as they or
any of them had, or might have had, without this Section ; and,
also saving to all and singular those persons, and to their heirs,
which are, or shall be, seized to any use, all such former right,
title, entry, interest, possession, rents, customs, services, and
action, as they or any of them might have had to his or their
own proper use, in or to any lands, tenements, rents, or heredi-
taments, whereof they are, or shall be, seized to any other use,
an}i;hing contained in this Chapter to the contrary notwith-
standing.
Sec. 2582. In every case where divers persons are seized of ^^ ^^^^^^^ "^|
and in any lands', tenements, or hereditaments, in fee simple or ^^ ^^^^^^ ^fhl
otherwise, to the use and intent that some other person or per-^Tn v'eyed^by
sons shall have and receive yearly to them, and to his or their g'"^"^, &c.
heirs, one annual rent out of such lands and tenements, and gG^^^s^^geo; r.
some other person one other annual rent, to him and his as-^.^^ c.^^io; Y^|
signs for term of life or years, or for some other special time,
according to such intent and use as has been before declared,
limited, and made thereof, the persons, their heirs and assigns,
that have such use and interest, to have and receive any such an-
nual rents out of any lands, tenements, or hereditaments, and
every of them, their heirs and assigns, shall be adjudged and
deemed to be in the possession and seizin of the same rent, of
and in such like estate as they had in the title, interest, or use
of the said rent or profit, and as if a sufficient grant, or other
lawful conveyance, had been made and executed to them, by
such as were or shall be seized to the use or intent of any such
rent to be had, made or paid, according to the trust and intent
thereof; and all and every such person and persons as have or
shall have any title, use, and interest in or to any such rent or
profit, shall have all suits, entries, and remedies for such rents,
according to such conditions, pains, or other things limited and
990 CIVIL CODE
A. D. 1902.
^^''^-^•^'^^ appointed, upon the trust and intent for payment or surety of
such rent.
All creations ggg^ 2583. All declarations or creations of trusts or confi-
of trust shall
be in writing, dences of an}^ lands, tenements, or hereditaments, shall be mani-
s ^5'ol2^^99' c f ssted and proved by some writing, signed by the party who is
?v '^■.J' . V^' by law enabled to declare such uses or trust, or by his last will
11., 526, s ' ; 4
Anne. 16; jn writing, or else they shall be utterly void and of none effect.
1(12, II., 4oo, '-' -^
§ 15. Referred to. — Elliott v. Mackerrell, 19 S. C, 238. Trust need not be created
by writing-. — Rutledge v. Smith, i McC. Ch., 119; Brown v. Brown, i Strob. Eq.,
363. Any writing showing it, made after creation of the trust is sufficient proof. —
Massey v. Mcllwaine, 2 Hill Ch., 428; Brown v. Brown, i Strob. Eq., 363; Reid
V. Reid, 12 Rich. Eq., 213; Price v. Brown, 4 S. C, 144. But the writing must
manifest a previous trust. — Barrett v. Cochran, 11 S. C, 29; Kennedy' v. Gramb-
ling. 33 S. C, 367; II S. E., 1081. Yet if trustee execute a trust, proved only by
parol, he is bound by it.- — Elliott v. Morris, Harp. Eq., 281. Voluntary acknowl-
edgement will dispense with written proof. — Rutledge v. Smith, i McC. Ch., 119.
Trusts aris- gee. 2584. Where anv conveyance shall be made of any lands
mg transierrecL - ■ ^ ^
or extinguish- qj- tenements bv which a trust or confidence shall or mav arise
ed by implica-
tion of law ex- or rcsult bv the implication or construction of law, or be trans-
cepted. - ^
■ ferred or extinguished by act or operation of law, then and in
s. 2093; 21)' c. evcrv such case, such trust or confidence shall be of the like
2, c. 3; II., - ' ...
526, §8. force and effect as the same would have been without this
Chapter.
Rutledge v. Smith, i AIcC. Ch., 119.
Assignment Scc. 2585. All grauts and assignments of any trust or con-
of trusts to be , , . . . .
in writing. fidcncc shall bc lu writing, signed by the party granting or as-
ih., § 9; G. signing the same, or bv such last will or devise, or else shall
S. 1963" R. S.
2094. ' be utterly void and of none effect.
Trusts shall Scc. 2586. If any cestui que trust shall die, leaving a trust in
hands of heirs, fee simplc to dcsccnd to his heir, such trust shall be deemed and
lb., §10: G. taken, and is hereby declared to be, assets bv descent, and the
S. 1904- R S. . . ' . ^ . .
2095. ' ' ' heir shall be liable to and chargeable with the obligation of his
ancestors for and by reason of such assets, as fully and amply
as he might or ought to have been if the estate in law had de-
scended to him in possession in like manner as the trust de-
scended ; any law, custom, or usage to the contrary in any wise
notwithstanding.
Sec. 2587. No heir that shall become chargeable bv reason of
any estate or trust made assets in his hands by this Chapter,
shall, by reason of any kind of plea or confession of the action,
or suffering judgment by default, or any other matter, be
chargeable to pay the condemnation out of his own estate ; but
execution shall be sued of the whole estate so made assets in
his hands by descent, in whosesoever hands it shall come after
the commencement of the action.
OF SOUTH CAROLINA. 991
■ ■ A. D. 1902.
Sec. 2588. In every case of trust estate where the person or ""--^-^"^
persons entitled to the use of any property or estate vested ii^of truftTe's"
trustees, being of age, or his, her, or their guardian, if under pr°^^^°-
age, may be wilhng to have other trustees substituted in the s "^VogT^-^^ iV^'
room of those in whom the legal estate is vested, or to have any ^■' 2"' § ^■
one or more trustees substituted in the room of any one or
more of the first or former trustees, the Court of Common Pleas
is authorized to permit such one or more of the first or former
trustees to surrender his, her, or their trust, and to appoint such
one or more trustees in his, her, or their room, as to the said
Court may appear fit, proper, and advisable ; and the trustee or
trustees so appointed and substituted shall then be considered,
to all intents and purposes, as vested completely and absolutely
with all the estate, right, title, interest, powers, privileges, and
authority, and as liable to all the conditions, terms, and restric-
tions as that trustee or those trustees were vested with or liable
to, in whose stead, room, or place, he, she, or they may be so
appointed or substituted ; and the first or former trustee or
trustees shall be therefrom completely exonerated and dis-
charged : Provided^ always, That a certificate of such appoint-
ment and substitution shall be endorsed by the Clerk of the
Court of Common Pleas upon the original trust deed, if the
trust be created by deed, and the deed can be found, and that
such a certificate shall be annexed to the original will, if the
trust be created by will, and be lodged therewith in the office
where the will may be lodged ; and that such a certificate shall
also be recorded in the ofiice where the deed or will may be
recorded or lodged, or ought to be recorded or lodged.
Ex parte Turner, Bail. Eq., 305; Ex parte Kunst, Bail. Eq., 489; Ex parte Rob-
ert, 2 Strob. Eq., 86; Ex parte Mayrant, Rich. Eq. Ca., i; Davant v. Guerard, i
Speer, 242; McNish v. Guerard, 4 Strob. Eq., 66; Ex parte Trustees, 7 Rich. Eq.,
471; Morrow v. Odom, 14 S. C., 623.
Sec. 2589. It shall be the duty of every trustee appointed by ^'^^'^^^^^j^^!^°
the Court to make an annual return of the estate in his pos- tetums.
session, setting out all the items of money received and paid g*^-,^gg^^^'^'g^-
out, with the proper vouchers. The Judge of Probate shall set ^n^. 3^^^ See
apart certain days for the examination of such accounts, and^s-
give notice thereof to all trustees whose duty it shall be to ac-
count before him.
Myers v. Myers, 2 McC. Ch., 214; James v. Wallace, 4 McC., 121; Lyles v.
Lyles, I Hill Ch., y6; Rainsford v. Rainsford, McM. Eq., 16; Nobles v. Hogg, 36
g. C., 322; 15 S. E., 359.
CIVIL CODE
Sec. 2590. Trustees shall be allowed the same commissions
Commissions fQj- ^j^g executioii of their trusts as are allowed by law to execu-
01 trustees.
— Q — ^ — Ji^tors and administrators.
R-.S- 209 9; Muckenfuss v. Heath, i Hill Ch., 182; Singleton v. Lowndes, 9 S. C, 465;
mo, III., 666, j^^^.^^ ^. gj.yjj3Qjj^ 21 S. C, 41; Cobb V. Fant, 36 S. C, i; 14 S. E., 959-
TITLE VII.
OF TITLE TO PROPERTY BY SPECIAL PROVISIONS
OF LAW.
Chapter LXXVII. Of Sales by Executors, Administrators
and Fiduciaries.
Chapter LXXVIII. Of Sales under Execution.
Chapter LXXIX. Of Homestead.
Chapter LXXX. Of Assignments for Benefit of Creditors
CHAPTER LXXVII.
Of Sales by Executors, Administrators, and Fiduciaries.
Sec.
2600. Lawful for qualified executors
to sell land, &c.
2601. Executors dying or renounc-
ing.
2602. Liability for taking insuffi-
cient security.
2603. May purchase under liability
to pay the actual value.
2604. To give security to account
for purchase money.
2605. Order of sale of personal
property.
2606. Judge of Probate to grant
order.
Sec.
2607. Power of Judge of Probate
over personal estate of tes-
tators.
2608. Sales of certain evidences of
indebtedness.
2609. Conveyance of estates held
by infants in trust or by
way of mortgage.
2610. Confirmation of such a con-
veyance.
2611. Infant trustee, &c., may be
compelled to make such con-
veyance, &e.
Lawful for
utors^'^to ^"TeU Section 2600. Whenever any person has directed or shall di-
'a"^- ^^''^- rect by his or her last will and testament, duly executed in the
R ^ s^ noo- presence of three or more credible witnesses, that his or her land
1S76, XVI., 61. gj^^jj ]-jg 5qJ^ fQj. |-]-^g payment of his or her debts, or for the pur-
pose of distributing the money which may arise from the sale
thereof among his or her legatees, or for any other purpose
Avhatsoever, if either such power of sale be expressly given to
the executor or executors of said will, or if no person is named
OF SOUTH CAROLINA. 993
A. D. 1902.
in said will to execute the said power, it may and shall be law- ^'"'''^v
ful to and for the executors, or a majority of such executors,
who shall qualify on the said will, or the survivor or survivors,
to sell and convey the said lands agreeably to the intention of
the testator.
Applied. — Herbemont v. Bostick, 2 Brev., 435; Drayton v. Grimke, Bail. Eq.,
385; Chanet v. Villeponteaux, 3 McC, 29; Ferguson v. King, 2 N. & McC, 588;
Ware v. Murph, Rice, 55; Thompson v. Gaillard, 3 Rich., 418; Douglass v. Dick-
son, II Rich., 417; Britton v. Lewis, 8 Rich. £q., 271; American Bible Society
V. Noble, II Rich. Eq., 156; Baldwin v. Cooley, i S. C, 256; DeSaussure v.
Lyons, 9 S. C, 492; Jennings v. Teague, 14 S. C, 229; Smith v. Winn, 27 S.
C, 591; 4 S. E., 240; Bredenburg v. Bardin, 36 S. C, 197; 15 S. E., 372. But
irrespective of this Act the power survives to one of several executors where it
is coupled with a trust. — Bredenburg v. Bardin, 36 S. C, 197; 15 S. E., 372.
But it does not apply if the power be given to the executors jointly as several
persons or in personal confidence; then all must act and it will not survive. — -
Mallet V. Smith, 6 Rich. Eq., 12; Smith v. Winn, 2y S. C, 591; 4 S. E., 240.
The Act of 1876 is remedial and retrospective. — Bredenburg v. Bardin, 36 S. C,
197; IS S. E., 372.
Sec. 2601. If the executor or executors should die, or re- ^yj^g ^^r^^re^
nounce according to law, the administrator or administratrix """""ng.
with the will annexed shall be authorized to sell the real estate R%^-2ioif'
of the said deceased, as directed in and by the will. §^i^' ^" ^^'
Rose v. Thornley, 33 S. C, 313; 12 S. E., 11.
Sec. 2602. If any executor, or administrator with the will tak>g^"%u°/
annexed, having power under the will to dispose of the estate fi^^'ent security.,.
or any part thereof, shall take such security as shall be clearly s^'<^Qif%^l
proved to be insufficient at the time, such executors, or adminis- ^^ ^ ■^^•
trators, and their sureties, shall be liable to make good any loss
or damages that the legatees or creditors may sustain, to be re-
covered by action against such executors, or by action on the
bond of such administrators, wherein such damages shall be as-
sessed by the verdict of a jury.
Sec. 2603. It shall be lawful for any executor or executrix, May purchase
■ under liability
administrator or administratrix, to become a purchaser at the to pay the ac-
tual value.
sale of the estate of his or her testator or intestate under what- — — - — -— —
O. S. 1974; K.
soever authority the said sales may be made, and the property s 2103; 1839.
so purchased shall be vested in him or her ; but he or she shall
be liable to the parties interested for the actual value of the
property at the time of sale in cases where it shall have been
sold at an under price.
Cummings v. Coleman, 7 Rich. Eq., 509; Huger v. Huger, 9 Rich. Eq., 217;
Anderson v. Butler, 31 S. C, 183; 9 S. E., 797. Embraces sales of land. — Huger
v. Huger, 9 Rich. Eq., 217; Cunningham v. Cauthen, 37 S. C, 124; 15 S. E., 917.
Sec. 2604. If any executor or executrix shall purchase any ^udtV ^to^ Ic-
property at the sales of the estate of his or her testator, he or^ha^e money.'"'
she shall give bond, with surety, to the Judge of Probate of the g. s. 1975;
R. S. 2104;
63.— C. ^^■' § 2.
994 CIVIL CODE
A. D. 1902.
'^-^'^.^-^ County, conditioned to account for the purchase money of the
said property.
Finch V. Finch, 28 S. C, 164; 5 S. E., 348; Huger v. Huger, 9 Rich. Eq., 217.
'aie^^oi^ e°r- ^®^' ^^05. On all salcs of personal property made by execu-
sonai property ^Q^-g ^^^^ administrators, they shall first obtain an order from
R ^'s^' 2105-^^^ Court of Probate; and no sale made without such order
f w' 1824 yf' shall be valid, except it be directed by the will.
22^' § ^ Under Act of 1789 administrator still had right to sell without such order. — •
Harth v. Heddlestone, 2 Bay, 321. But under Act of 1824 such order became im-
perative as to personal property.- — Rhame v. Lewis, 13 Rich. Eq., 269. But choses
in action are not embraced in personal property. — lb.; Reynolds v. Reeves, 23 S.
C, 436; Chapman v. City Council, 30_ S. C, 549; 9 S. E. 591. The doctrine of
implied warranty applies to such sales.- — Duncan v. Bell, 2 N. & McC, 153. But
purchaser cannot recover back his money paid on that ground. — Prescott v.
Holmes, 7 Rich. Eq., 9.
bZte'^?o° grant ^60. 2606. It shall bc the duty of the Judge of Probate, by
°^^"- whom administration may be granted, upon application made to
R. ^'s^' 2io6| him, to grant an order for the sale of the whole or any part of
183^9^ XI., 62, ^j^g personal estate of the deceased intestate, if, in his opinion,
the same is advisable, regulating the time, place, and credit to
be given, in such manner as to do impartial justice to all per-
sons interested therein.
Terms of sale must be complied with. — Peay v. Fleming, 2 Hill Ch., 97; Mas-
sey V. Cureton, Chev. Eq., 181; Roberts v. Adams, 2 S. C, 337. Except that
*" the time of sale may be postponed by administrator when advisable. — Lamb v.
Lamb, Speer Eq., 289.
p o w e r o f Sec. 2607. The Judge of Probate, in whose office a will is re-
Judge of Pro- -' «= '
^onai °e^state'^o'^f ^°^^^^' shall havc the samc power as to the personal estate of a
testators. tcstator, uot iiicoiisistent with the provisions of the will, as is
R ^'s^' mf'S'^^^^ him over the personal estate of an intestate by the pre-
^''- ceding Section.
Sales of cer- Scc. 2608. All administrators, executors, and other fidu-
tain evidences
of i n d e bted- ciarics, sliall be allowed to sell to the highest bidder, as other
ness. .
r — ;-r-7 personal property is sold, all notes, accounts, and other evi-
R. "s. 2108; dences of indebtedness coming into their hands as such, when
1S70, XIV., ^ '
313, § 1. the same are appraised or have become doubtful or worthless,
c o nveyance Scc. 2609. It shall and may be lawful for any person, under
of estates held -^ . .
by infants in the age of twcuty-onc years, having estates in lands, tenements,
trust or by way "^ . j j ^ ' o
of mortgage, or hereditaments, only in trust for others, or by way of mort-
G. s. 19S0; gage, by the direction of the Court of Common Pleas, signified
7 Ann, c; 19; by ail Order made upon hearing all parties concerned, on the
§§ 1. '7- ' petition of the person for whom such infant or infants shall be
seized or possessed in trust, or of the mortgagor, or guardian
of such infant, or persons entitled to the moneys secured by or
upon any lands, tenements, or hereditaments, whereof any
infant is or shall be seized or possessed by way of mortgage, or
OF SOUTH CAROLINA.
of the person entitled to the redemption thereof, to convey and
assure any such lands, tenements, or hereditaments, in such
manner as the said Court shall, by such order so to be obtained,
direct, to any other person.
Sec. 2610. Such conveyance or assurance, to be had and
made as aforesaid, shall be as effectual in law, to all intents and
purposes whatsoever, as if the said infant was, at the time of
making such conveyance or assurance, of the full age of twenty-
one years.
Sec. 2611. All and every such infant, being only trustee
mortgagee as aforesaid shall and may be compelled by such
order, so as aforesaid to be obtained, to make such conveyance,
assurance, as aforesaid, in like manner as trustees or
mortgagees of full age are compellable to convey or assign the
trust estates or mortgages.
995
A. D. 1902.
Confirmation
of such a con-
veyance.
G. S. 1981; R.
S. 2110; 7 Ann,
c. 19; 1712, II.,
547, § 1.
Infant trus-
tee, &c., may
be compel led
to make such
c o n V e yance,
&c.
G. S. 1982; R.
S. 211; lb., §2.
CHAPTER LXXVIII.
Sales Under Execution and by Judgment Debtors.
Article i. Sales Under Execution.
Article 2. Sales by Judgment Debtors.
ARTICLE I.
Sales Under Execution.
Sec.
2612. Real estate made liable for
debts, &c.
2613. Estates held in trust may be
sold under execution against
beneficiaries.
2614. Sheriff to make memorandum
of levy, &c.
2615. Property taken in execution
to be sold at auction.
Sec.
2616. Sheriff to advertise same.
2617. Advertisement to contain
what ; publication.
2618. Sale days.
2619. Place of Sheriff's sales.
2620. Hours of sale.
2621. Sales to be for cash.
Section 2612. Houses, lands, and other hereditaments and Real estate
real estates, situate or being within this State, belonging to any^ebtl, &c.^
person indebted, shall be liable to and chargeable with all just g. s. i983;R.
debts, duties and demands, of what nature or kind soever, c' 7; ii., 571!
owing by any such person, and shall and may be assets for the
satisfaction thereof, and shall be subject to the like remedies, cedure, °§ 312!^°
proceedings, and process, as personal estates.
996 CIVIL CODE
A. D. 1902.
^■~— "^^-^-^ Lands are thus made general assets for payments of debts. — Suber v. Allen,
13 S. C, 317. These terms cover every vested interest a man can have in
lands. — Harrison v. Maxwell, 2 N. & McC, 347. Embrace a vested remainder. —
Harrison v. Maxwell, 2 N. & McC, 347. Sale of lands of ancestor under exe-
cution against executor or administrator alone can be made when heirs or
devisees are not in possession. — D'Urphey v. Nelson, i Brev., 289; Smith v.
Smith, I McC. Ch., 134; Galphin v. McKinney, i McC. Ch., 280; Martin v.
Latta, 4 McC, 128; Gregory v. Forrester, i McC. Ch., 318; Rogers v. Huggins,
6 S. C, 359; Simons v. Bryce, 10 S. C, 354; Smith v. Grant, 15 S. C, 136;
Small V. Small, 16 S. C, 64. But not when heirs or devisees are in actual and
exclusive possession.- — Jones v. Wightman, 2 Hill, 579; Bird v. House, Speer
Eq., 250; Huggins v. Oliver, 21 S. C, 147; Wheeler v. Floyd, 24 S. C, 413.
Lands in possession of vendee under agreement for conveyance upon payment
of purchase money, not liable to be sold under execution against him. — Barton
V. Rushton, 4 Dess., 373; Richards v. McKie, Harp. Eq., 183. Nor under sub-
sequent execution against vendor. — Massey v. Mcllwaine, 2 Hill Ch., 421;
Adickes v. Lowry, 12 S. C, 97. But equity of redemption under Acts 179 1-1797
is a legal estate and subject to such sale. — The State v. Laval, 4 McC, 336;
Norman v. Norman, 26 S. C, 41; 11 S. E., 1096; Navassa Co. v. Richardson,
26 S. C, 401 ; 2 S. E., 307. Interest of joint tenant subject to levy and sale.^ —
Davant v. Cubbage, 2 Hill, 311.
het" In Vrust Scc. 2613. All estate, real or personal, which is held in trust
Snder e^x e^cu- for him against whom execution is sued, may be seized by the
a g"a i'n 1 1" tie Sheriff or officcr to whom the writ is delivered, and sold as the
beneficiary. property of him that is entitled to the trust, in the same manner
s.*^2n3t^29' c' as if such property was held in his own name.
2 c 3" 1712
li 527 ' § 10. ' This only applies to simple and clear trusts. — White v. Kavanaugh, 8 Rich.,
377. And not to trusts for debtor jointly with others. — Rice v. Burnett, Speer
Eq-> 579; Bristow v. McCaw, 16 S. C, 545. Nor to such for married women. —
Youmans v. Buckner, 3 Hill, 218. It does not apply to implied or resulting
trusts. — Harrison v. Hollis, 2 N. & McC, 578; Bausket v. Halsonback, 2 Rich.,
624; Thomson v. Peake, 7 Rich., 353; White v. Kavanaugh, 8 Rich., 377.
Sheriff to ggg^ 2614. The Sheriff shall make a memorandum, in writ-
keep memoran- '
dum of levy, j^g^ of the date of every levy, and specify the property upon
G s 1985- R which such levy has been made on the process, or in a schedule
XI ^50*'§ 47^^' thereunto annexed ; and if more than one process be levied on
such property, reference on each shall be made to such memo-
randum or schedule.
In levying on land, the Sheriff need not go upon it. — Martin v. Bowie, 37
S. C, 102; IS S. E., 736.
Failure to enter levy on all the executions except oldest does not invalidate
sale. — Maddox v. Sullivan, 2 Rich. Eq., 4. Endorsement of acknowledgement
of levy by defendant is sufficient. — Weatherby v. Covington, 3 Strob., zy;
Rhame v. McRoy, 7 Rich., 37. Sufficient if entry be made on separate paper,
folded and filed with the execution. — Kennedy v. Rountree, 59 S. C, 352; 37
S. E., 942. The physical annexing of the memorandum to the execution im-
material.— Tyler v. Williams, 53 S. C, 367; 31 S. E., 943. Entry there in-
sufficient; essentials stated. — Ih. Property must be specified, otherwise the levy
is void. — Huger v. Osborne, i Bay, 319. If in general terms, deed may describe
accurately. — Manning v. Dove, 10 Rich., 395. Levy is good, though made under
satisfied execution, if there be unsatisfied ones. — McKnight v. Gordon, 13 Rich.
Eq., 222. Personal property must be taken into possession or be within power
of Sheriff. — Collins v. Montgomery, 2 N. & McC, 392; Moss v. Moore, 3 Hill,
276; Brian v. Strait, Dud., 19; Weatherby v. Covington, 3 Strob., 2T, Rhame
V. McRoy, 7 Rich., zT- The title vests in Sheriff for all legal purposes.— Mc-
Clintock V. Graham, 3 McC, 243. But for that only. — Bates v. Gest, 3 McC,
493; Bates V. Moore, 2 Bail., 614; Weatherby v. Covington, 3 Strob., 2T. Levy
OF SOUTH CAROLINA. - 997
A. D. 1902.
should not be made at improper hour or in improper manner. — State v. Thackham,
I Bay, 358; DeGraffenried v. Mitchell, 3 McC, 506. Money in Sheriff's hands
is leviable. — Summers v. Caldwell, 2 N. & McC, 341; Means v. Vance, i Bail.,
39; Adams v. Crimager, i McM., 309; Dupong v. Watkins, 2 Rich., 328. Levy
cannot be made after day of execution.- — Ross v. McCartan, i Brev., 507.
Sheriff cannot levy execution in which he is plaintiff. — Singletary v. Carter, i
Bail., 467. Levy is prima facie a satisfaction, and a second cannot be made
until sale shows contrary. — Davis v. Barkley, i Bail., 142; Mazyck v. Coil, 2
Bail., loi; Lawrence v. Wofford, 17 S. C, 586; National Bank v. Kinard, 28
S. C, loi; 5 S. E., 464. Under levy made by one Sheriff before active energy
of execution has expired, he or his successor may sell. — Toomer v. Purkey, i
Mill, 323; Gassaway v. Hall, 3 Hill, 289; Leger v. Doyle, 11 Rich., 109; Hen-
derson v. Trimmier, 32 S. C, 269; 11 S. E., 540. And under sale by one
Sheriif successor may convey. — Martin v. Wilbourne, 2 Hill, 395. Where one
levy and several entries. Sheriff can only charge for one levy. — Thrower v.
Vaughn, 1 Rich., 18.
Property
taken in exe-
Sec. 2615. When any Sheriff or other officer shall take the
lands, tenements, good and chattels, of any person whatsoever, so[^°"&c*° ^^
by virtue of any execution, and the owner of such lands, tene- ~g s 1986- r
ments, goods, and chattels, shall not, within five days after such vii^,^m §1?'
taking, satisfy the party issuing such execution, his debt, dam-
ages, and costs, such Sheriff or officer shall and may sell, by
auction, the lands, tenements, goods, and chattels so taken, or
so much thereof as shall be sufficient to satisfy the judgment,
for the best price that can be got for the same.
Sale under execution having no lien will be valid if there be at the time one
having lien. — Agnew v. Adams, 17 S. C, 371; Garvin v. Garvin, 34 S. C, 388.
Sheriff cannot purchase at his own sale. — Lewis v. Brown, 4 Strob., 293. But
sale is invalid if enough has already been sold to pay the executions. — Zylstra
V. Keith, 2 Dess., 141. Prevention of cempetition among bidders will vitiate
the sale. — Farr v. Sims, Rich. Eq. Ca., 122; Barrett v. Bath Paper Co., 13 S. C,
158; Toole V. Johnson, 61 S. C, 34; 39 S. E., 254.
Real property is sold subject to mortgages upon it. — Commissioners v.
Hart, 1 Brev., 492; Thayer v. Sheriff, 2 Bay, 171; ex parte Sheriff, i McC,
399; Phillips v. Bond, 2 McC, 382; McClure v. Mounce, 2 McC, 424; Norman
V. Norman, 26 S. C, 41; 11 S. E., 1096. But personal property mortgaged is
not liable to executions against mortgagor. — Reese v. Lyon, 20 S. C, 20; McCen-
don V. Wells, 20 S. C, 520; Levi v. Legg, 23 S. C, 284; Williams v. Dobson,
26 S. C, 112; 1 S. E., 421; ex parte Knobeloch, 26 S. C, 336; 2 S. E., 612;
Bank v. Kinard, 28 S. C, loi; 5 S. E., 464; ex parte Lorenz, 32 S. C, 365;
II S. E., 206; Akers v. Rowan, 33 S. C, 451; 12 S. E., 165. There is no im-
plied warranty at Sheriff's sales; the rule of caveat emptor applies. — Thayer v.
Sheriff, 2 Bay, 169; Davis v. Murray, 2 Mill, 143; Herbemont v. Sharp, 2 McC,
264; Yates v. Bond, 2 McC, 382; Davis v. Hunt, 2 Bail., 412; Stoney v. Shultz,
I Hill, 465; Murphy v. Higginbottom, 2 Hill, 397; Moore v. Akin, 2 Hill, 403;
Perry v. Williams, Dud., 44; Kilgore v. Peden, i Strob., 18; Jones v. Burr, s
Strob., 147; Leger v. Doyle, 11 Rich., 109; Wingo v. Brown, 14 Rich., 103; Cox
V. Edwards, 8 S. C, i; Charleston v. Blohme, 15 S. C, 135; Norman v. Norman,
26 S. C, 41; II S. E., 1096; Long V. McKissick, 50 S. C, 218; 27 S. E., 636.
A sale under junior judgment divests lien of senior judgment. — Matthews v.
Nance, 49 S. C, 389; 27 S. E., 408; Trumbo v. Cumming, 20 S. C, 336; Agnew
V. Adams, 17 S. C, 364; Snipes v. Sheriff, i Bay, 295; Greenwood v. Naylor,
I McC, 414; Gist v. Mcjunkin, i McM., 342; Vance v. Red, 2 Speers, 90; Mc-
Knight v. Gordon, 13 Rich. Eq., 222; in re Vorhees, 46 S. C, 144; 24 S. E., 170.
Sec. 2616. The Sheriff of every County in this State shall,
before he exposes any lands or tenements which he may be
CIVIL CODE
directed to sell by virtue of any execution or mortgage, pub-
vfrtfse^ame^'^ ^^^^^ advertise the same three weeks immediately previous to
G s 1987- R ^^^ ^^^^ ^^y '-'^ days on which he means to expose the same for
V ^305' r^l' ^^^^- Personal property shall be advertised for fifteen days.
Jqo'svq vvt't ^^ computing the time, the day the advertisement begins and day of sale
jg2. ' ' may both be counted. — Manning v. Dove, lo Rich., 395.
Advertise- Sec. 2617. He shall spccify in the advertisement the property
tain what; pub- to bc sold, the time and place of sale, the name of the owner of
— ; — '■ the property, and the party at whose suit the sale is to be made,
s. '2ii7; 1839! and shall publish the advertisement at three public places in the
XI. 54 § 58 •
1796, V.,' 283, i County, one whereof shall be at the Court House door : Pro-
ves, § 9; 1849^ vided, That publication shall also be made in some gazette, as
provided in the preceding Section, before the day of sale, in
every County where a newspaper may be printed.
The requirements must be essentially complied with or the sale will be void. —
Farr v. Sims, Rich. Eq. Ca, 122. But failure to advertise for twenty-one days
not invalidate sale. — Maddox v. Sullivan, 2 Rich. Eq., 4; ex parte Alexander, 35
S. C, 409; 14 S. E., 854. In computing the twenty-one days, the day the ad-
vertisement begins and day of sale may both be counted. — Manning v. Dove, 10
Rich., 395. The advertisement must also contain the terms of sale. — Farr v.
Sims, Rich. Eq. Ca., 122. But an imperfect description ot the property does
not vitiate. — Ward v. Cohen, 3 S. C, 338; Lawrence v. Grambling, 13 S. C,
120; Cain V. Maples, i Hill, 304. It may be evidence to show that purchaser
was not mistaken as to the property sold. — Elfe v. Gadsden, 2 Rich., 373. As
to publication in newspaper. — State v. Becket, 3 McC, 390. Failure of such
does not invalidate sale. — Turner v. McCrea, i N. & McC, 11. Sale en masse
or in parcels. — Hammett v. Farmer, 26 S. C, 566; 2 S. E., 507.
Sale days. Scc. 2618. The regular day of Sheriff's sale shall be the first
G. s. 1988; R. Monday in each month, except in the County, of Beaufort, the
S. 2118; 1791, -' > f J ' ^
VII., 263, § 9; sale day of which shall be the first Tuesday of each month, ana
1839, XI., 54, § ■> ......
58; XV., 850. exccpt also when the first Monday in any month is a legal holi-
day, in which case the sale day shall be on the Tuesday next
succeeding such holiday : Provided, If there be not time to dis-
pose of all the property on sale day, the next day following shall
also be a regular sale day, if by public outcry on sale day, or if
the regular sale day be on a public holiday, notice of sale on
the next day shall have been given. The Sheriff may sell prop-
erty at any other time, when so ordered by a Court of compe-
tent authority.
Sheriff can only sell on Monday and Tuesday of each month. — Minter v.
Dent, 2 Bail., 291. He must judge of necessity to postpone sale to Tuesday. —
Cain V. Maples, i Hill, 304. Not liable for attachment for such postponement. —
Connor v. Archer, i Speer, 89.
. P^a^eof sher- Sec. 2619. The place of Sheriff's sales, as to real estate, shall
~G s 1990- R ^^ ^^ ^^ Court House of the County : Provided, The sales for
XI ^54^'§5r^' Georgetown County may be conducted at the Market place, and
those for Charleston County at the Exchange in Charleston;
personalty may be sold at the place whereon it may be found by
OF SOUTH CAROLINA.
the Sheriff, upon levy, or such other more convenient place as
may be selected. jj^^^^ ^^ s^ie.
Sec. 2620. The hours of sale shall be between eleven and ______
three o'clock in Charleston County, and eleven and five m each s.^^2i-2(); mi,
other County; but not at any time after notice given by thei839;'xi.: 54, §
Sheriff that the sales for the day have been closed.
Statute directory.— Lewis v. Brown, 4 Strob., 293-
Sec 2621 Every Sheriff's sale made by virtue of the direc- f^fi^es^^^to^^^e
tions- of an execution shall be for cash; and if the purchaser ^on^f---
shall fail to comply with the terms aforesaid, the Sheriff shall as 1992; r.
proceed to resell at the risk of the defaulting purchaser, either S- 2121, .
on the same or some subsequent sale day, as the plaintiff may
direct; and in the absence of any direction by the plaintiff, the
Sheriff shall so resell on the same day, if practicable, and 11
not, on the next succeeding sale day, making, m every
such case, proclamation that he is reselling at the risk of such
defaulting former purchaser.
Construed.-Fowles v. Turner, 3 Hill, 178. Where purchaser ^^ °-"^^'- °[
execution entitled to proceeds of sale, he need not pay cash, -cept suffic nt
to Day costs -Cobb. v. Pressly, 2 McM., 416; Lemmond v. Short, 3 Strob., 313,
LoHck : ScCreery, .0 S. C, 4^8. Deed of Sheriff, when .^^^^ .f- ;^°;^ ^^er ie
paid is valid.-Woods v. Dean, 24 S. C, 499- Purchaser s title fails where he
Toes' not co.ply.-:on. v. Cathca., ., S^ C, 393.^ -tr^^-itht :;hi:;;
foTo-nip^.-T^lid^etresp^nlle; wheJ'p'rorert'y is'deLered, for interest on
his bTfrom sale.-Hampton v. Eichelberger. 2 Bail., 5-; Arnold v. House X2
S C.. 600. Bidder may comply after time fixed for resale.-Yates v. Gr.dly
16 S C, 503. Resale the same day at instance of second purchaser at great
acrLe invalid.-Pickett v. Pickett, 2 Hill Ch., 470. ^l^^f^Z'Z^tJ:,
resell -Elfe v Gadsden, i Strob., 225. Resale is not at risk of former Purchaser
f Sheriff failed to make proclamation to that effect^-Yongue v , Cath^ar^. ^
Strob., 221. Nor if made months afterwards, without direction of P^^^^'f.^^-
TstToh 305- Young v. Aiken, 4 Rich., 15. Does not apply where Sheriff de-
ivSs the property without the cash.-Fowles v. Turner, 3 Hill, 178; Cobb v.
Pre sly 2 McM., 416; Elfe v. Gadsden, i Strob., 225; Cochran v. Roundtree.
fltro'b., 217 Richardson v. Inglesby, :3 Rich. Eq., 59- Nor does ' auAorize
successor to sue for difference in price between first and second sale.-Under
wood V Jacobs, 3 McC, 447- Whether resale is made by proper officer can be
made by first bidder when sued for difference in ^^^s.-Childs J rnizee 15 S^
C, 612. Subsequent judgment creditor cannot complain "^ Sheriff s neglect to
bind bidder by resale within time required.-State v. Yongue, 6 Rich., 323. Where
first bidder is insolvent and Sheriff fails to so bind him, and resells for les than
h s bid, the execution is not satisfied to extent of bjd.-Lewis v. ^f -^s-' /
Rich 382 Where debtor consents to postpone resale. Sheriff is not ^able for
Sfference in bids.-State v. Yongue, 9 Rich. 443- So where .udgment c^edito
consents -State v. Yongue, 10 Rich., 448. Generally as to Act 839.-Connor
V rrch;r I Speer, 89; Yongue v. Cathcart, 2 Strob., 221. Formalities required
attended for b;ne'fi't of parties interested, and may be -^v«lj^^ ^^^ --
mon consent-CBannon v. Kirkland, 2 Strob., 29; Lewis v. Brown, 4 Strob ,
Z; Rchardson v. Inglesby, .3 Rich. Eq.. 59- But direction of ^-^^^ -f^-
tor alone to deliver property without payment releases the debtor and bid satisfied
IxecutTol-Richardson V. Inglesby. r3 Rich. Eq., 59- The Statute fixe^habihty
upon highest bidder as a purchaser to extent of difference in bids.-Cox v.
Edwards! 8 S. C, i. Bid by attorney for undisclosed prmcipal.-Long v. Mc-
Kissick, 50 S. C. 218; 27 S. E.. 636.
CIVIL CODE
ARTICLE 11.
Sales by Judgment Debtors.
Sec.
2622. Judgment debtors to pay pro-
ceeds of property sold by
them to Sheriff ; when and
how sold, confirmed, &c.
2623. How Sheriff to proceed when
judgment creditors object to
sale.
Sec.
2624. Endorsement by Sheriff on
deed, &c.
2625. How Sheriff to proceed when
property brings more at his
sale than at sale by debtor ;
effect of.
J u d g m ent Scction 2622. The entire proceeds of a sale or sales of prop-
debtors selling '■ , . ,
property to pay grtv subject to levv aiid Sale, made by the ludsrment debtors, are
proceeds to-' -' -^ -^ „, .„.
Sheriff; when ^q Tqq p^id Qver bv said iudsrment debtors to the Sherifi m whose
and how such -^ . i i i -l
sales are con- office such iudgfments, executions, or decrees are lodg-ed, to be
fi r m e d ; en- j o . . . ,
dorsement on applied bv Said Sheriff towards the satisfaction of the same;
deed of con- ^'^ -' _ ...,.-
veyance. and, providcd no objection shall be made in writing by either
G.^s.^687^,^R. of the judgment creditors, and filed with said Sheriff, as to
XIV., 604, §§ 1, price at which the property may have been sold, within three
months from and after the time such payment shall have been
made, the sale or sales shall thereupon be considered confirmed ;
and the said Sheriff shall make the following endorsement on
the back of the deed or deeds of conveyance, viz. : "No objec-
tion having been filed in my office to the within bargain and
sale within the time prescribed by law, this bargain and sale is
therefore confirmed ;" the same to be dated and signed officially
by the said Sheriff.
if'^judlm'^in^? S^c. 2623. Should either of the judgment creditors object to
Vct^ tVlail "''^he prices at which any of the said property may have been
Q g ggg. ^ sold, and file such notice with the Sheriff within the time before
605 §T' ■^^" mentioned, the Sheriff shall immediately proceed to levy upon
and ofifer for sale said property, proceeding, in all respects, ac-
cording to the law in regard to levy and sale by the Sheriff;
and if the highest bid made for said property shall not be more
than the amount of the indebtedness which had been cancelled
by the sale made by the debtor, the Sheriflf shall withdraw said
property from sale ; and the creditor or creditors who may have
filed their objection shall be required to pay all costs and ex-
penses that accrued in consequence thereof.
Endorsement Scc. 2624. The Sheriff shall make the following endorse-
ment on the back of the conveyance made by the debtor, viz. :
G S 689 * R
s. mi; lb. ' "Objection having been filed in my office by ,
judgment creditor, I levied upon and exposed for sale the prop-
OF SOUTH CAROLINA.
lOOI
A. D. 1902.
erty within named ; and failing to receive a higher bid than the '"^"^^''^"^
amount of indebtedness cancelled by the proceeds of the within
bargain and sale, this sale is therefore confirmed;" and signed
as directed in Section 2622 of this Chapter.
Sec. 2625. In the event that the property, when so exposed property ^s'^oTd
for sale by the Sheriff, as provided for in Section 2623, should brlngf^morl
bring more than the amount of the indebtedness cancelled by by^'dJbton ^°
the proceeds of the sale made by the debtor, the purchaser from g. s. eoo; r.
the debtor shall be refunded the amount paid by him, with in- '. ^^^' "
terest from the time of payment, and the bargain sale made by
the debtor rescinded, and titles executed by the Sheriff to the
purchaser at his sale; and, after deducting the costs and ex-
penses by reason of the levy and sale, the remainder to be ap-
plied, according to law, towards satisfaction of the judgments
or executions in his office.
CHAPTER LXXIX.
Of Homesteads.
Sec.
2626. Homestead in lands ; to be
set off by Sheriff ; appraisers
to be appointed ; proceed-
ings, &c.
2627. Return to be recorded.
2628. When Sheriff shall sell prem-
ises.
2629. Homestead to widow and
children.
2630. No waiver of.
2631. Personal property exemption.
2632. When a married woman has
homestead.
2633. Property not exempt for
taxes, &c., as to yearly pro-
ducts.
Sec.
2634. When may order sale and
allow homestead out of pro-
ceeds.
2635. How homestead set off when
no process lodged ; how con-
firmed.
2636. Penalty for violations by
officer.
2637. Compensation to appraisers,
Sheriff, &c., how paid ; to be
paid in advance ; compensa-
tion to Master or Clerk.
Section 2626. A homestead in lands, whether held in fee or . h o m estead
in lands; what
any lesser estate, to the value of one thousand dollars, or so allowed.
much thereof as the property is worth if its value is less than ^ G.^s. 1094;
one thousand dollars, with the yearly products thereof, shall beis'^e, xxii.,
' ... . . ^90, Const.1895,
exempt to the head of every family residing in this State from Art. 3, § 28.
attachment, levy or sale, in mesne or final process issued from
any Court, upon any judgment obtained upon any right of
action arising subsequent to the ratification of the Constitution
of the State of South Carolina in 1868. And it shall be the
duty of the Sheriff or other officer before .selling the real estate
CIVIL CODE
of any head of a family resident in this State to cause a home-
stead as above stated to be set off to said person in the manner
How set oflf. following", to wit : He shall cause three appraisers to be ap-
pointed, one to be named by the creditor, one by the debtor and
one by himself, who shall be discreet and disinterested men,
in no wise related to either party, and resident in the County,
and who shall be sworn by a Magistrate, or other officer author-
ized by law to administer oaths, to impartially appraise and set
oft' by metes and bounds a homestead not to exceed in value
one thousand dollars. The said appraisers shall make return
of their action in the premises under their hands and seals to
the Sheriff or other officer within thirty days after they shall
have been appointed as aforesaid, for record in the office of the
Clerk of said Court, giving the metes and bounds as well as the
value of the homestead set off", for which purpose they shall be
authorized to call in the aid of a surveyor if they, or a majority
of them, deem it necessary. If no complaint shall be made by
either creditor or debtor within thirty days after the return of
the appraisers has been filed, the proceedings in the case shall
be final. If exceptions to said return be filed by either creditor
or debtor within thirty days after the filing thereof, the same
shall be tried de novo upon testimony taken in open Court, and
the Court out of which the process issued may, upon good cause
being shown, order a reappraisement and reassignment of the
homestead by other appraisers appointed by the Court. Should
the creditor or debtor neglect or refuse, after ten days' notice
from the officer in whose hands the process is lodged, to nom-
inate an appraiser, the said officer shall appoint the same.
Character of homestead. — It is an absolute exemption, to be perpetuated under
certain conditions. — McKeown v. Carroll, s S. C, 75; Hardin v. Houze, 18 S.
C, 73; Bradford v. Buchanan, 39 S. C, 237; 17 S. E., 501; Ross v. Bradford,
28 S. C, 71; S S. E., 84; Mellichamp v. Mellichamp, 28 S. C, 125; 5 S. E.,
333; Parr v. Lindler, 40 S. C, 193; 18 S. E., 636. But under the Constitution
of 1868, before the amendment of 1880, it could not be claimed if the con-
ditions did not exist or had ceased. — Hardin v. Houze, 18 S. C, 73; Chalmers v.
Turnipseed, 21 S. C, 126; Yoe v. Hanvey, 25 S. C, 94. It is not a new estate,
nor, prior to the Constitution of 1895, did the right to it destroy the power to
alien or encumber the property; but it left the titles iiitact. — Smith v. Malone,
10 S. C, 39; Bull V. Rowe, 13 S. C, 333; Elliott v. Mackorell, 19 S. C, 239;
ex parte Ray, 20 S. C, 246; Youngblood v. Lathen, 20 S. C, 37o;Chafee v.
Rainey, 21 S. C, 11; Chalmers v. Turnipseed, 21 S. C, 126; Horsford v. Wynn,
22 S. C, 309; Cantrell v. Fowler, 24 S. C, 424; Yoe v. Hanvey, 25 S. C, 309;
Kitchen v. McCarley, 26 S. C, i; 11 S. E., 1099. It does not affect the Statute
of Distribution. — Ex parte Raj', -20 S. C, 246. Under Con. 1868, and Acts of
1872 and 1873, it was limited to life of childless widow.- — Chalmers v. Turnip-
seed, 21 S. C, 126. Where husband's fraudulent conveyance is set aside, he is
still entitled to homestead in the land. — Wood v. Timmerman, 29 S. C, 125; 7
S. E., 74. Where husband fraudulently has land conveyed to his wife, he paying
OF SOUTH CAROLINA. 1003
— A. D. 1902.
the purchase money, he cannot claim homestead in it. — Bridges v. Howell, 27
S. C, 42s; 3 S. E., 790.
In what lands. — One is entitled to homestead in a tract of land assigned to
him in partition.^Riley v. Gaines, 14 S. C, 454- Leased parcels adjoining
residence. — Harrell v. Kea, 16 S. E., 42; 37 S. C, 369. Also, in his share of pro-
ceeds of land sold for partition. — Swandale v. Swandale, 25 S. C, 389; ex parte Car-
raway, 28 S. C, 233; s S. E., 597. But not in his undivided interest in land itself;
though Court may restrain sale thereof until partition is made. — Nance v. Hill, 26 S.
C, 227; I S. E., 897; Mellichamp v. Mellichamp, 28 S. C, 125; 5 S.'E., 333; Ketchin
V. Patrick, 32 S. C, 443; 11 S. E., 301. One holding land under contract to pur-
chase has no homestead therein. — Garaty v. DuBose, 5 S. C, 493; Bradley v.
Rodlesperger, 17 S. C, 9; Agnew v. Adams, 17 S. C, 364. Unless he has paid
the whole purchase money. — Munro v. Jeter, 24 S. C, 29; ex parte Kurz, 24
S. C, 468. Under amendment to Constitution in 1882, head of family is en-
titled to homestead in any land he may own, whether he reside on it or not. — •
Swandale v. Swandale, 25 S. C, 389; Nance v. Hill, 26 S. C, 227; i S. E., 897.
Husband not entitled to homestead in lands of wife, who died childless. — Harmon
V. Wagener, 33 S. C, 487; 12 S. E., 98. Head of family — widow is, though
childless. — Bradley v. Rodlesperger, 3 S. C, 206; Moore v. Parker, 13 S. C,
486; Bradley v. Rodlesperger, 17 S. C, 9; Yoe v. Hanvey, 25 S. C, 94. Bachelor
is not. — Garaty v. DuBose, 5 S. C, 493. Father is, who has child living with
him.^ — Meyers v. Ham, 20 S. C, 522. Even though child be an adult married
son, living separate from his wife.— Rollings v. Evans, 23 S. C, 316. Debtor who
marries after levy on his land, and before sale, is entitled to homestead therein. — Ih.
Distinction as to personalty. — Pender v. Lancaster, 14 S. C, 25. A son is,
who devotes his earnings and rents to the support of himself and widowed mother.
— Scott V. Moseley, 54 S. C, 375; 32 S. E., 450. Widower living with adopted
daughter. — Wagener v. Parrott, 51 S. C, 489; 29 S. E., 240. Single woman, who has
dependent sister living with her, is. — Chamberlain v. Brown, 33 S. C, 597; 11 S. E.,
439. A man is, who continues to support his wife's niece, who lived with them
during wife's life and spends part of her time with him since her death. — Fant
V. Gist, 36 S. C, 576; 15 S. E., 721. Against what debts. — The cases in re
Kennedy, 2 S. C, 216, Adams v. Smith, Muller v. Earhart, Adams v. Lide, 2
S. C, 228; Howze v. Howze, 2 S. C, 229, allowing the homestead exemption
provided by the Constitution of 1868, and the Acts thereunder against antecedent
debts, have been overruled. It is now settled that such homestead as to ante-
cedent debts is contrary to the Constitution of the United States, and all pro-
ceedings therefor void. — Cochran v. Darby, 5 S. C, 125; ex parte Hewett, 5 S.
C, 409; De LaHowe v. Harper, 5 S. C, 470; Bull v. Rowe, 13 S. C, 355;
Douglass V. Craig, 13 S. "C., 371; Carrigan v. Bozeman, 13 S. C, 376; Charles
V. Charles, 13 S. C, 385; Withers v. Jenkins, 21 S. C, 365; Hosford v. Wynn,
22 S. C, 309; Ih., 26 S. C, 130; I S. E., 497; Compton v. Patterson, 28 S. C,
115; 5 S. E., 270; Fowler v. Wood, 31 S. C, 398; 10 S. E., 93. The home-
stead exemption is governed by the law in force at the time of the creation of
the debt. — Trimmier v. Winsmith, 41 S. C, 109; 19 S. E., 283; McClenaghan v.
McEachern, 47 S. C, 446; 25 S. E., 296. Only allowed debtor against his own
debts. — Bank v. Senn, 25 S. C, 572. Not against debts of another. — Wallace v.
Johnson, 17 S. C, 454. Nor against a debt due a joint purchaser of land, on
account of his interest therein, and for rents and profits. — Edwards v. Edwards,
14 S. C, II. Nor against a distress warrant. — Harley v. Weathersbee, 21 S. C,
243. Widow's homestead in husband's land cannot be sold under judgment on
her individual debt. — Hanford v. Wynn, 22 S. C, 309. As to debt contracted
before amendment of Constitution in 1880, the question of homestead must be
determined by the original Constitution of 1868. — Norton v. Bradham, 21 S. C,
375. Subsequent judgment having no lien on the land cannot compel judgment
creditor for purchase money to first exhaust the homestead. — Rx parte Kurz, 24
S. C, 468. Nor so compel senior judgment when, by consent, it has been paid
out of other lands without equities reserved.— rShell v. Young, 32 S. C, 462;
II S. E., 299. Costs of junior judgment binding homestead postponed to senior
judgment, not binding. — Bank v. Goodman, 33 S. C, 6oi; 11 S. E., 785. Not
allowed against mortgage. — -Shelor v. Mason, 2 S. C, 233; Homestead Association
V. Enslow, 7 S. C, i; Rosenberg v. Lewis, 7 S. C, 344; Smith v. Malone, 10
I004 CIVIL CODE
"A. D. 1902.
^^■^'^.^■""^ S. C, 39; City Council v. Caulfield, 19 S. C, 201; Reid v. McGowan, 28 S. C,
74; s S. E., 215. But in surplus after its satisfaction. — Calmes v. McCrackeu,
8 S. C, 87. Though subsequent judgment creditor having lien on the land might,
prior to Constitution of 1895, in equity compel mortgagee to first exhaust the home-
stead.— Bank v. Harbin, 18 S. C, 425; Bowen v. Barksdale, 33 S. C, 142; ii S. E.,
640. But not having such lien, he cannot compel mortgagee to do so. — E.r parte Car-
raway, 28 S. C, 233; 5 S. E., 597. Assignment thereof — the right to— may be de-
cided on rule against Sheriff to compel to sell. — Kirby v. Woods, 5 S. C, i ; Douglass
V. Craig, 13 S. C, 371; Charles v. Charles, 13 S. C, 385. And rule will be discharged
when debtor has only a homestead. — King v. McCarley, 32 S. C, 264; 10 S. E.,
1075. Application for may be made before levy. — Nance v. Hill, 26 S. C, 227;
I S. E., 897. Sale thereof made without claim or objection does not estop
debtor from homestead in land. — Myers v. Ham, 20 S. C, 522. It cannot be im-
peached collaterally. — McKeown v. Carroll, s S. C, 75. When made under exist-
ing laws, it is fixed in amount and not affected by subsequent legislation. — Keller
V. IMyers, 5 S. C, 11. Legislature can neither extend or restrict the exemption
allowed by the Constitution. — Duncan v. Barnett, 11 S. C, 333. Not to be as-
signed under executions levied that do not bind where there are executions that
do bind it. — Agnew v. Adams, 17 S. C, 365. But proceeds should be applied to
oldest judgment. — Lawrence v. Grambling, 19 S. C, 461. Return of appraisers.
By two is valid. — Bank v. Evans, 28 S. C, 521; 6 S. E., 321. Exceptions thereto
within thirty days after Sheriff filed it with Clerk are within time. — Kerchner
V. Singletary, 15 S. C, 535. Upon hearing thereof the power of the Court
to order reassignment may be exercised more than once. — Ih. And conclusion
of Judge as to the good cause shown therefor will not be disturbed on appeal. — lb.
But Court holding return valid against all creditors but one cannot conditionally
vacate it unless that one be paid in a given time. — Ex parte Young, 29 S. C,
298; 7 S. E., 499. Irregularity in does not invalidate assignment of homestead. —
Agnew V. Adams, 26 S. C, loi; i S. E., 414.
As to hearing on exceptions to the return of the commissioners. — Bleckley v.
Shirley, 58 S. C, 52; 37 S. E., 503.
The exceptions must be filed; personal service on adverse party not sufficient. —
Ex parte Ransey; in re Chafee; 54 S. C, 517; 32 S. E., 522.
In ascertaining the exemption the value of the debtor's interest in the land
is the proper basis. — Bank v. Gibbes, 54 S. C, 579; 32 S. E., 690.
recorded. '° ^^ Sec. 2627. When thirty days shall have elapsed after the fil-
~G. s. 1995; R. i^g" of the retum of said appraisers, setting off a homestead to
xvnf^iu,'^? 2! any debtor, according to the provisions o£ the preceding Sec-
tion, and no exceptions have been filed against such return, or
if such return be finally heard and approved, such debtor may
have such return recorded in the ofiice of the Register of Mesne
Conveyances of the County in which the same is located; and
upon such return beiag so recorded in forty days after the pro-
ceedings have become final, the title to the homestead so set off
and assigned shall be forever discharged from all debts of said
debtor then existing or thereafter contracted.
No exceptions being filed, the return cannot be collaterally attacked. — Culler
V. Crim, 52 S. C, 574; 30 S. E., 635; ex parte Ransey, 54 S. C, 517; 32 S. E.,
522. Assignment of homestead not binding upon creditors by junior judgments
until recorded. — Choice v. Charles, 7 S. C, 171. Nor does it exempt the prop-
erty from sale until returned and recorded. — Ryan v. Pettigrew, 7 S. C, 146;
Bull V. Rowe, 13 S. C, 355; Youngblood v. Lathen, 20 S. C, 370. A plat an-
nexed to the return need not be recorded; and the Clerk's failure to record it
will not invalidate the assignment. — Adams v. Agnew, 15 S. C, 36. The pro-
ceedings merely designate the specific property to which the homestead has at-
tached.— Ketchin v. McCarley, 26 S. C, i; 11 S. E., 1099.
OF SOUTH CAROLINA. 1005
A. D. 1902.
Sec. 2628. Whenever, in the assignment of a homestead, as
provided in Section 2626 of this Chapter, the appraisers shall iff shafi s eTi
find that the premises exceed the value of one thousand (1,000) p^^°^'^^^-
dollars, and that the same cannot be divided without injury to s. '2128; I'sso]
the remainder, they shall make and sign, under oath, an ap-"
praisal thereof, and deliver the same to the Sheriff, who shall
within ten days thereafter deliver a copy thereof to the head
of the family claiming the homestead, or to some member of
the family of suitable age to understand the nature thereof,
with a notice attached that unless the person so claiming the
homestead shall pay to said Sheriff the surplus of the appraised
value over and above one thousand (1,000) dollars within sixty
days thereafter, such premises will be sold ; and on failure to
pay such surplus in the time limited, the Sheriff shall advertise
and sell the said premises, and out of the proceeds of such sale
shall pay into the office of the Clerk of the Circuit Court one
thousand (1,000) dollars, which shall be applied, under the
order of the Circuit Judge, upon the application of the head of
the family, in the purchase of a homestead of that value. The
residue in the hands of the Sheriff, if any, after paying all ex-
penses incident to the appraisement and the sale of the prop-
erty, shall be applied by him to any executions in his hands,
according to law : Provided, That no sale shall be made unless
a greater sum than one thousand (1,000) dollars shall be bid
therefor: Provided, further. That if, after notice, the party
claiming the homestead pays, or causes to be paid, the surplus
over one thousand (i,ooo) dollars, he shall, upon recording the
return and receipt of the Sheriff for such surplus, endorsed on
said return, as provided in preceding Section of this Chapter,
hold the property so appraised and set off, freed and discharged
from all debts and demands then existing against such parties,
but, as to sucli surplus, not from debts thereafter contracted,
like proceedings to the foregoing being in any case allowable
for the recovery of all after contracted debts.
This Section is not unconstitutional. — Simonds v. Haithcock, 24 S. C, 207;
lb., 26 S. C, 595 ; 2 S. E., 616. Tender by defendant to the Sheriff of the
excess over $1,000 within sixty days after the remittitur of judgment on appeal
from hearing of the return was filed is within the time required. — Simonds v.
Haithcock, 26 S. C, 595; 2 S. E., 616. Upon confirming such return by the
appraisers the Court properly ordered the Sheriff to proceed according to law;
an order of sale would have been premature. — Bank v. Evans, 28 S. C, 521; 5
S. E., 321.
Sec. 2629. If the husband be dead, the widow and children ;
if the father and mother be dead, the children living on the
ioo6 CIVIL CODE
A. D. 1902. ■
'~-^^-' ' homestead, whether any or all such children be minors or not,
widoTlnTchif- shall be entitled to have the family homestead exempted in like
'^ren. manner as if the husband or parents were living ; and the home-
gG- 5^1997 ;^R. g^g^^ SO exempted shall be subject to partition among all the
515, § 4. children of the head of the family in like manner as if no debts
existed : Provided, That no partition or sale in that case shall be
made until the youngest child becomes of age, unless, upon
proof satisfactory to the Court hearing the case, such sale is
deemed best for the interest of such minor or minors.
The widow cannot obtain homestead exemption for her sole use apart from
the children. — Geiger v. Geiger, 57 S. C., 521; 35 S. E., 1032; ex parte Worley,
49 S. C., 41 ; 26 S. E., 949. A person acquiring land under devise from her
grandfather has no homestead rights in it by reason of an assignment of home-
stead made during her father's lifetime while he owned a life estate in the land. —
Wilson V. Counts, 52 S. C, 218; 29 S. E., 648. The family of a debtor who
died before the Constitution of 1868 is entitled to the homestead. — In re Kennedy,
2 S. C, 216; ex parte Strobel, 2 S. C, 309. A widow without children is en-
titled thereto. — Moore v. Parker, 13 S. C, 486; Bradley v. Rodlesperger, 17 S. C,
9. The widow with no children of her own having homestead assigned to her
in 1879, the stepchildren, being all adults, and none residing with her, could not
enforce partition of the land during her life. — Yoe v. Hanvey, 23 S. C, 94.
Only one homestead can be allowed to children of deceased debtor. — Bank v.
Senn, 2$ S. C, 572. A widow's claim of homestead cannot be subordinated to
mortgage debt contracted by executors of her husband. — Jefferies v. Allen, 29
S. C, 501; 7 S. E., 828. Nor barred by receipt of rents and profits of the land.
— Ih. A decree b3' default against widow and children does not deprive them
of homestead before sale.— McMaster v. Arthur, 33 S. C, 512; 12 S. E., 308.
Children of age and living apart from their parents are entitled to share in
the exemption. — Ex parte Worley, 54 S. C, 208; 32 S. E., 307; 49 S. C, 41; 26
S. E., 949. The homestead may be partitioned between the children on the
death of the widow.- — Stewart v. Blalock, 45 S. C, 61; 22 S. E., 774.
No waiver to gee. 2630. No waivcr of the right of homestead shall defeat
defeat right of ^
homestead; ^]-^g rigr^t bcforc assignment except it be bv deed of conveyance
proviso as to <3 o c ^ j
property alien- qj- \yy mortgage, and only as against the mortgage debt : and no
ed or m o r t- -' a C5 ' j o & o '
g^g^'^- judgment creditors or other creditor whose lien does not bind
s ^2ilb^^Jb' ^i ^^^ homestead shall have any right or equity to require that a
s's i^^i s'^9^6' ■^^^■'^ which embraces the homestead and other property shall
XXII., 191, § 2. f^j.g|- exhaust a homestead : Provided, That after a homestead
in lands has been set off and recorded the same shall not be
waived by deed of conveyance, mortgage or otherwise unless
the same be executed by both husband and wife if both be
living.
Equitable mortgage. — Farmers Assn. v. Bunch, 47 S. C, 453; 25 S. E., 211.
Homestead in proceeds of sale of land under contract to sell. — Ex parte Allison,
45 S. C, 338; 23 S. E., 62. Under Constitution of 1868, junior judgment credi-
tors, but .not unsecured creditors, could compel mortgagee to exhaust homestead
before resorting to other property. — Bank v. Brice, 47 S. C, 134; 24 S. E., 1038;
Pearson v. Pearson, 59 S. C, 367; 37 S. E., 917. Prior to the amendment of
1896, homestead was barred by a devise to pay debts.— Beaty v. Richardson,
56 S. C, 173; 34 S. E., 73. Devise after homestead is set off. — Bostick v.
Chovin, 55 S. C, 427; 33 S. E., 508; see also Hendrix v. Seaborn, 25 S. C, 481.
Sale under foreclosure of mortgages and judgments. — Bradford v. Buchanan, 39
OF SOUTH CAROLINA. 1007
■ • A. D. 1902.
S. C, 237; 17 S. E., 501. As to conveyance of homestead by the head of the ^"-""""v^^-^
family before the Constitution of 1895. — Watson v. Neal, 38 S. C, 90; 16 S. E.,
833. Failure to demand homestead not a waiver. — Gray v. Putnam, 51 S. C,
97; 28 S. E., 149.
Sec. 2631. The personal property of the head of any family Homestead in
residing in this State, whether entitled to a homestead exemp-erty^
tion in lands or not, to the extent of five hundred dollars, shall § Sisi"-^^ I'sS'
be exempt from attachment, levy or sale. And the personal xxii., 192.
property, consisting of necessary wearing apparel and tools
and implements of trade or other property, not to exceed the
value of three hundred dollars, the property of any person not
the head of a family, shall be exempt from attachment, levy or
sale. In case the right of such exemption be disputed by the
creditors, the officer in whose hands the process is lodged shall
cause the same to be ascertained and appraised, subject to the
right of either creditor or debtor to except to the same as pro-
vided by law ; and all exempted property so ascertained and ap-
praised by appraisers appointed and sworn for that purpose,
and the return of which has been duly made, filed and recorded,
as provided in Sections 2626 and 2627, shall vest absolutely in
the party, freed from all debts of the debtor then existing or
thereafter contracted, whether such debtor retain or sell the
property.
A judgment debtor entitled to homestead exemption in money. — Gray v. Put-
nam, 51 S. C, 97; 28 S. E., 149. The Legislature could exempt as homestead
only such articles of personal property as were enumerated in Article II., Sec.
32, of the Constitution of 1868, before it was amended in 1880. — Duncan v.
Barnett, 11 S. C, 333. Before such amendment in 1880 only such articles of
personal property as were named in the Constitution could be assigned as home-
stead.— Duncan v. Barnett, 11 S. C, 333. This exemption of personal property,
whether the party was entitled to homestead in land or not, was Constitutional
before the amendment to the Constitution in 1880. — Oliver v. White, 18 S. C,
240. Prior to amendment of Constitution in 1880 it did not exempt money from
seizure. — Bank v. Northrop, 19 S. C, 473. Brother living with sister in her
house is head of a family and is entitled to chattel exemption. — Moyer v. Drum-
mond, 32 S. C, 165; 10 S. E., 952. A partner is entitled thereto against his
individual creditors out of his interest in partnership assets after the partnership
debts are paid. — lb.; Ex Partem Karish, 32 S. C, 437; 11 S. E., 298. Effect of
* marriage after levy and before sale; real property. — Rollings v. Evans, 23 S. C,
316. Personalty. — Pender v. Lancaster, 14 S. C, 25. But if head of family at
the time, he is entitled. — Chafee v. Rainey, 21 S. C, 11.
Sec. 2632. In case any woman, having a separate estate, shall when a mar-
ried woman has
be married to the head of a family who has not of his own suf- homestead.
ficient property to constitute a homestead, as hereinbefore pro- g. s. 2000 ; r.
vided, said married woman shall be entitled to a like exemption, 516, § 7. '
to be ascertained and set off in the same way, and with the same
effect, as provided for the head of a family : Provided, That
there shall not be an allowance of more than one thousand
(1,000) dollars worth of real estate, and not more than five
ioo8 CIVIL CODE
A. D. 1902. ■
^^^-"■^^^ hundred (500) dollars worth of personal property, to the hus-
band and wife jointly.
Lands of husband and wife taken together to make up homestead. — McClenaghan
V. McEachern, 47 S. C, 446; 25 S. E., 296.
ty no\*^ exemjt Scc. 2633. The exemptious contained in the preceding Sec-
saie" ^^^ ^" tions of this Chapter shall not extend to an attachment, levy or
G. s. 2001; R. Sale in any mesne or final process to secure or enforce the pay-
x'xiL, 192, § 4! ment either of taxes or of obligations contracted for the purchase
of said homestead, or the erection or making of improvements or
repairs thereon, or for the purchase of said personal property:
Provided, The Court or authority issuing said process shall
certify thereon that the same is issued for some one or more of
said purposes and no other : Provided^ further , The yearly
products of said homestead shall be subject to attachment, levy
and sale to secure or enforce the payment of obligations con-
tracted for provisions or other necessary articles purchased, or
advances in money or merchandise procured to be used or ex-
pended in the production of the same, or of other obligations
contracted in the production of the same, and of none other;
but the Court issuing the process therefor shall certify thereon
that the same is issued for the said purpose and no other.
Judge may certify that judgment is for purchase money, although not so
stated in the complaint and at a subsequent term of the Court. — Green v. Spann,
25 S. C, 273; Burnside v. Watkins, 30 S. C, 459; 9 S. E., 518; Willingham v.
Willingham, 55 S. C, 441; 33 S. E., 500. Money lent to purchase land is not
purchase money. — Amick v. Amick, 59 S. C, 70; 37 S. E., 41.
No homestead against city taxes. — Oliver v. White, 18 S. C, 235. Purchaser
at tax sale takes free from claim of homestead. — Shell v. Duncan, 31 S. C, 548;
10 S. E., 330. No homestead against debt for purchase money. — Calhoun v.
Calhoun, 2 S. C, 283. But there is against a process on bond for the purchase
money in part only and for other purposes. — Burnside v. Watkins, 30 S. C, 459;
9 S. E., 518. A note for money borrowed to pay purchase money is not a con-
tract for the purchase of the homestead. — Calmes v. McCracken, 8 S. C, 87.
Nor is a new bond given and accepted for old bond for purchase money. — Adams
V. Agnew, 15 S. C, 36. No homestead against debt for improvements thereon. — -
Allen V. Harley, 3 S. C, 412; All v. Goodson, 33 S. C, 229; 11 S. E., 703. Such
certificate is necessary as to real estate. — Burnside v. Watkins, 30 S. C, 459;
9 S. E., 518. But it seems not to be as to personalty, though not determined. —
Ex Parte Lorenz, 32 S. C, 365; 11 S. E., 206. Certificate of endorsement re-
quired only simplifies the proof of the fact; but when the fact appears otherwise
it is not necessary to protect Sheriff in selling. — Adams v. Agnew, 15 S. C,
36; Oliver v. White, 18 S. C, 35. Certificate not being endorsed on the process
for purchase money, homestead allowed. — Adams v. Agnew, 15 S. C, 36. Such
cannot be endorsed on process for purchase money in part only. — Burnsides v.
Watkins, 30 S. C, 459; 9 S. E., 518. But not allowed where such certificate
was not endorsed in execution for city taxes. — Oliver v. White, 18 S. C, 235.
c^rt may or^ Scc. 2634. Whenever in any cause now or hereafter impend-
thl hoi?fis^tead i^g iu the Court of Common Pleas in any County of this State
i° money?'^''^'^ the qucstiou of the right of any parties to a homestead or other
R s 2i33al like exemption in and to any property involved in said cause
1896^ XXI I.',
193.
OF SOUTH CAROLINA.
shall be made and adjudicated or otherwise brought to the at-
tention of the Court, it shall be competent for the Court in all
cases where the real property in respect to which the homestead
is claimed shall be found by said Court to exceed the
sum of one thousand dollars, and in all cases where
the personal property in respect to which an exemption
is claimed shall be found by said Court to exceed the
sum of five hundred dollars, in its discretion, either direct
a sale of the entire property and to provide for the pay-
ment of the amount of the exemption out of the proceeds of
sale, or it may, where a division in kind shall appear to said
Court to be practicable, direct that the homestead and personal
property exempted or either be assigned as otherwise provided
in this Chapter. In cases where the property shall be so sold as
above and a sum of money shall be taken from the proceeds of
sale as the exempted property, the Court shall make such order
relative to the investment or other disposition thereof as shall
secure the rights of all parties interested.
Sec. 2635. Whenever the head of any family, married ^^how h^o m^|
woman, widow, or children, shall be entitled to an estate or when "o^ p™;
right of homestead as hereinbefore provided, and no process ^^"^ confirmed.
has been lodged with any officer against such homestead, the g '^•gfsf.^*^ i^^'
party or parties entitled to such homestead may apply at any xvii., 516, § 9.
time by petition to the Master of said County, or if there be no
Master therein, then, and in that event, to the Clerk of the
Court for said County, to have the same appraised and set off.
The Master, or if there be no Master in said County, the Clerk
of the Court, shall, thereupon, after giving public notice by ad-
vertising the intention of such party or parties to have his or
their homesteads set off, once a week for four weeks, in a paper
published in the County where the land lies, and in case no
paper is published in the County, then by posting the notice on
the door of his office and in three other public places, for a like
length of time, appoint three disinterested persons, resident in
the County, who, having been duly sworn, shall proceed to ap-
praise in the manner hereinbefore provided, and set off, by
metes and bounds, such homestead, and make return to him. If
no complaint shall be made by any creditor, or other person in-
terested, against said appraisal and setting off of the homestead
within thirty days after the return of the appraisers, the same
shall be confirmed by the Circuit Court at the next ensuing term
thereof, and shall be recorded as provided in Section 2627 of
64.— C.
loio CIVIL CODE
A- D. 1802. —
^^"""^^^■^"^ this Chapter : Provided^ That no appraisement shall be made or
return filed until the notice has expired. But if exceptions to
such appraisement and return be filed by any person interested
therein, within the said period of thirty days after filing the re-
turn of said appraisers, the Circuit Court, upon good cause be-
ing shown, may order a reappraisement and assignment of the
homestead by other appraisers to be appointed by the Court.
Personal property, to the extent and of the kind hereinbefore
stated, may be exempted and set off in like manner.
Childless widow entitled to this remedy. — Moore v. Parker, 13 S. C, 486.
The application must be made to the Master or Clerk of Court; the jurisdiction
conferred is exclusive. — Ex parte Lewie, 17 S. C, 153; ex parte Ray, 20 S. C,
246; Myers v. Ham, 20 S. C, 522. And the proceeding cannot be originally
instituted in the Court of Common Pleas. — Scruggs v. Foot, 19 S. C, 274;
Myers v. Ham, 20 S. C, S22; Brown v. Williamson, 37 S. C, 181; 15 S. E.,
926. Circuit Court may adjudge the right of homestead in action properly pend-
ing when necessary to its determination. — Munro v. Jeter, 24 S. C, 29; Swan-
dale V. Swandale, 25 S. C, 389; Bridgers v. Howell, 27 S. C, 425; 3 S. E., 790;
Bank v. Kinard, 28 S. C, loi; 5 S. E., 464. Exceptions to homestead need not
be filed before return of appraisers to Master.- — lEx Parte Kurz, 24 S. C, 468.
Decree for sale of the land may be considered ^such "process" and justify such
application to the Master. — McMaster v. Arthur, 33 S. C, 512; 12 S. E., 308.
It is inconsistent to maintain separate proceedings for homestead and partition
at the same time. — Williams v. Mallory, 33 S. C, 601; 11 S. E., 1068. Circuit
Court has not original jurisdiction. — Ex Parte Brown, 37 S. C, 181; 15 S. E., 1019.
V i o lations by Scc. 2636. No Sheriff, Constable, or other officer, whose duty
'- it is to enforce executions, shall proceed in any other manner
s. '2135; 76.; than is prescribed in this Chapter; and should any officer sell
517, § 10. , ,, , . .
any real estate, or sell or remove any personal property, m vio-
lation of the provisions of this Chapter, and of Section 28 of
Article III. of the Constitution of the State of South Carolina,
he shall be guilty of a misdemeanor, and on conviction thereof
shall, for the first offense, be fined in the sum of not less than
five hundred (500) dollars, nor more than one thousand
(1,000) dollars, and, upon conviction for the second offense,
his office shall be deemed vacant ; and, in either case, he shall
be liable in damages, to the parties injured, for all injuries by
reason of his wrongful levy or sale.
Refusal to execute process unless indemnified by plaintiff in execution. — Corry
V. Tate, 48 S. C, 548; 26 S. E., 794.
Demand for homestead was necessary to create liability for damages prior to
this Act. — Oliver v. White, 18 S. E., 235.
Compensation Scc. 2637. Appraisers appointed to set off the homestead
to appraisers, j ,1 • ^1 in • • r 1
s h e r iff, &c., Under this Chapter, shall receive as compensation for such
how paid; to . , ,, .1 ^
be paid in ad- scrvice two dollars cach per day, and five cents a mile lor
vance- compen- ., . ^ .
sation to Mas- cvcry mile ot ucccssary travel. The surveyor shall receive five
ter or Clerk. ji, /innt n • ••1
dollars ($5) for all services incidental to setting off the home-
G. S. 2004; R. ^ ^ . , r ^ rr^t
s. 2136; 1880, stcad, but cxclusive of all necessary disbursements. The
XVII., 517, § ^
11.
OF SOUTH CAROLINA.
lOII
Magistrate or other officer who quahfies the appraisers shall
"receive for such service seventy-five cents, and five cents a mile
for every mile of necessary travel. The surveyor shall receive
for his services a sum not exceeding ten dollars ($io). The
foregoing fees shall be paid by the officer executing the process
out of the property of the debtor, or, in case of the homestead
set off to the widow or minor children, out of the estate of the
deceased, by the executor or administrator thereof: Provided,
That the officer, before setting off the homestead and exemp-
tion, in any case, shall be entitled to demand and receive from
the defendant in execution, in advance, a sum of money suf-
ficient to cover the necessary fees and costs herein allowed.
Whenever a homestead is set off as provided in Section 2635,
the Master or Clerk, as the case may be, shall receive as com-
pensation five dollars for all services, including the record of
the proceedings, but excluding the advertising, which shall not
exceed five dollars, and which fees and costs shall be paid in
advance by the party claiming the homestead and exemption.
A. D. 1902.
CHAPTER LXXX.
Of Assignments for Benefit of Creditors.
Sec.
2638. Creditors to appoint agents to
act witti assignees.
2639. Creditors to be called to-
gether ; sales before appoint-
ment of agents, void.
2640. Refusal of assignees to call
creditors together.
2641. Majority of debts represented
to govern ; assignees and
agents of creditors to act
jointly.
2642. Refusal of creditors to appoint
agents.
Sec.
2643. Proceeds of sales to be de-
posited.
2644. Umpire to be appointed in
case of disagreement.
2645. Statement of proceedings to
be made every three months.
2646. Commissions allowed.
2647. Assignments by insolvent
debtors, giving priority of
preference, void.
2648. All transactions within ninety
days of insolvency, void.
2649. Creditor may attack assign-
ment before judgment.
This Chapter must be construed as subordinate to the Bankruptcy law, and in
so far as it conflicts, suspended while the Bankruptcy Act continues in force. —
Ex parte Chase, S. C, ; 38 S. E., 718.
Section 2638. Whenever any debtor shall assign his or her creditors to
property, for the benefit of his or her creditors, it shall be law- fo''a°crwi^th^as^
ful for the said creditors to name and appoint an agent or ^'g"^^^-
agents, equal in number to the assignees, to act in their behalf, s.^'2i37T°i'82^i
jointly with the assignee or assignees named and appointed by ^^■' ^^^' ^ ^^
the assignor.
IOI2 CIVIL CODE
A. D. 1902.
^-^■-v'""-^ The assignment vests all estate of the debtor in the assignee upon his ac-
ceptance.— Cohen v. Gibbes, i Hill, 206; Wallace v. Foster, 15 S. C, 214; Miller
V. Sligh, 10 Rich. Eq., 247; Bryce v. Foot, 25 S. C, 467. Subject to unrecordeck
mortgage. — Grube v. Lilienthal, 51 S. C, 442; 29 S. E., 230; Summers v. Bryce,
36 S. E., 204; 15 S. E., 374. Without assent of creditors. — Tennant v. Stoney,
Bail. Eq., 222. But upon failure of acceptance the title remains in assignor. —
Brooks V. Brooks, 12 S. C, 422. It is not revokable at will of assignor. — Beall
V. Lowndes, 4 S. C, 258; Shubar v. Winding, Chev., 218. Assignee should sue
alone for the assets. — Salas v. Clay, 12 Rich., 558. He may have creditors, who
obtained judgment against assignor after assignment, restrained from £nforcing
it against the assets. — Howard v. Cannon, 11 Rich. Eq., 23. Payment by debtor
to creditor after notice of the assignment is invalid. — Tibbets v. Weaver, 5 Strob.,
144. Creditor of assignor cannot discount his debt to assignor with debt due
him for money paid as surety after assignment. — Nettles v. Huggins, 8 Rich.,
273. Assignee may prosecute suit begun by debtor before assignment. — Cleverly
v. McCullough, 6 Rich., 517. But assignee cannot warrant real estate he sells. —
Welsch V. Davis, 3 S. C, no. The provisions of this Act as to administration
of the assigned estate do not apply to foreign assignments, and do not render
them void.— Russell v. Tunno, 11 Rich., 303. But assignments executed in other
States containing provisions in conflict with those of this Chapter are void. —
Sheldon v. Blauvelt, 29 S. C, 453; 7 S. E., 593; i L. R. A., 685; Ayers v. Des-
portes, 56 S. C, 544; 35 S. E., 218. The agents so appointed have joint power
and responsibility with the assignee. — Mills v. Dickson, 6 Rich., 487; Miller v.
Sligh, 10 Rich. Eq., 247. They are both trustees. — Miller v. Sligh, 10 Rich. Eq.,
247; Mclntyre v. McClenaghan, 12 S. C, 185; Ex Parte Wiggins, i Hill Ch.,
354; Farrar v. Farley, 3 S. C, 11. But each is only liable for his own acts,
and not for the acts of the others, except where he has contributed to them. —
Miller v. Sligh, 10 Rich. Eq., 247. Neither can buy at his own sales. — Ex Parte
Wiggins, I Hill Ch., 354; Farrar v. Farley, 3 S. C, 11. Effect of release, prin-
cipal and surety. — Ragsdale v. Bank, 45 S. C, 575; 23 S. E., 947.
be "^caiied^ to- Scc. 2639. It shall be the duty of the assignee or assignees,
be fore 'appoint^ within ten days after the execution of the deed of assignment,
vo^M. ° ^^^" ^' to call the creditors together, to proceed to the appointment of
G. s. 2006; R. their agent or agents ; and all sales and transfers of property
VI., 365,' § 2."^ ' made by the assignee or assignees prior to the appointment of
the agent or agents of the creditors, are hereby declared void
and of no effect.
signees to call Scc. 2640. In casc the assignee or assignees delay, neglect,
gether. or refusc to assemble the creditors within the time herein pre-
G. s. 2007; R. scribcd and limited, it shall be lawful for the creditors to meet
and appoint their agent or agents ; and the said agent or agents,
on application to and by order of the Judge of the Court of
Common Pleas, shall take into their hands and possession all
the property assigned, and of which the assignee would by law
be entitled to the possession, and shall sell and dispose of the
same agreeably to the deed of assignment.
deS°re^pr°e^ Scc. 2641. In the appointment of the agent or agents, the
Im^^'^asl'igfeIs'^^J*^'"'-^y ^" amouut of the debts represented by the creditors
creditm-s'^to act Present at the meeting shall govern ; and the agent or agents so
j°'"'^^y- appointed shall have equal power and authority with the as-
s^'fi^^'i^' sig"^6 or assignees to sell and dispose of the property assigned,
366, § 3. ' '
OF SOUTH CAROLINA.
and distribute and pay the proceeds, according to the intent and
provisions of the deed of assignment ; and all sales, hypotheca-
tions, or other transfers of property, whether real or personal,
shall be void and null, unless made with the consent and con-
currence of the assignee or assignees and agent or agents, or
a majority of them ; and should the assignee or assignees and
agent or agents be equally divided on any question, the same
shall be decided by an umpire appointed as is hereafter pro-
vided.
Sec. 2642. Should the creditors, as aforesaid, refuse or ^^Jjf^J^^ ^^o^p^
neglect to appoint an agent or agents, in ten days after they p°'"^ ^g^"^^- .
have been called together by the assignee or assignees, the as- s^fiif^U^-
signee or assignees may forthwith proceed to sell or otherwise
dispose of the assigned effects, without the concurrence of the
said creditors.
Sec. 2643. The proceeds arising from the sales of the prop- ^ ^/^"fg'^'i'g ^l
erty assigned shall be deposited for safe keeping in a national posited.
bank within the State, or some banking institution incorporated s.1ul;Tb!^'§^:
by the State, in the joint names of the assignee or assignees
and agent or agents, and subject to their joint drafts.
Sec. 2644. In case of disagreement between the assignee oi* ^ ^^o'l^nted in
assignees and agent or agents, any of the Judges of the Courts ^g^^lg^"^^^ ^'^'
of Common Pleas, at chambers, shall, on application of either of ""^7^7^:^
the parties, decide, and if deemed necessary, name and appoint S- 2143; /&., §5.
an umpire to act jointly with the assignee or assignees and
agent or agents.
Sec. 2645. It shall be the duty of the assignee or assignees p^^celdTngs to
and agent or agents, to lay, every three months, before the te^^f^^de Jvery
creditors, or such committee as they may appoint, an exact ^ g 2012;
statement of their proceedings; the creditors or their commit- R^s. 2144; zb.,
tee may, however, call the assignee or assignees and agent or
agents oftener to account; they may also direct and prescribe
the time and mode of selling, and the terms of sale, order a
distribution of the assets on hand, and a final close of the con-
cern ; and, in case of need, may revoke and dismiss their agent
or agents, and name and appoint another in his stead ; and the
said assignee or assignees and agent or agents, failing or
neglecting to lay the statement of their proceedings before the
creditors or their committee, as herein directed, or whenever
called on, or to obey or abide by their directions, shall be an-
swerable for all damages resulting from their refusal or
I0I4 CIVIL CODE
A. D. 1902.
'"^''^-^'^^' neglect, and forfeit the commission they might otherwise be en-
titled to.
aiiowecT'^^*""^ ^®^' 2646. The commission due and owing to the assignee
G s 2013- R. °^ assignees and agent or agents, for their trouble and labor,
VI. ^367' §\^.^^' shall be five per centum on receiving, and two and a half per
centum on paying, to be equally divided between them, that is
to say, one-half to the assignee or assignees, and the other half
to the agent or agents.
Mann v. Poole, 48 S. C, 154; 26 S. E., 229.
by^ns'(fi"ren*t ^^^' ^647. Any assignment by an insolvent debtor of his or
priority ol'p're^ I'^s^ property for the benefit of his or her creditors, in which
ference, void, ^^y preference or priority is given to any creditor or creditors,
s.*^'2i46T^i'88^; o^ the said debtor by the terms of the said assignment,
XVII., 847. Q^gj. ^j^y other creditor or creditors, other than as to
any debts due to the public, or in which any provision
or disposition of the property so assigned is made or di-
rected, other than that the same be distributed among all
creditors of the said insolvent debtor equally, in proportion to
the amount of their several demands, and without preference
or priority of any kind whatsoever, save only as to debts due to
the public, and save only as to such creditors as may accept the
terms of such assignment and execute a release of their claim
against the debtor, and except as hereinafter provided, such as-
signment shall be absolutely null and void, and of no effect
whatsoever.
Schedule of assets. — Adler v. Cloud, 42 S. C, 272; 20 S. E. 393. Who may
attack. — Mainhard v. Strickland, 29 S. C, 491; 7 S. E., 838.
A transfer of all one's property on valid consideration held not an assign-
ment for creditors. — Lanahan v. Bailey, 58 S. C, 269; 36 S. E., 584; Porter v.
Strieker, 44 S. C, 183; 21 S. E., 635. Insolvency and incompetency of trustee
is ground of attack. — Regenstein v. Pearlstein, 30 S. C, 192; 8 S. E., 192. A
bona -fide assignment made, not for partial, but general benefit of all the creditors,
and comprehending all the debtor's property, is not fraudulent. — Bush v. War-
ing, I Bay, 90. Merely placing certain debts at head of schedule gives no pre-
ference.— Winslow v. Assignees, i McC. Ch., 100. An assignment giving no pre-
ference to such creditors as may accept and release is valid. — Vaughn v. Evans,
I Hill Ch., 414; Nivlon v. Douglass, 2 Hill Ch., 443; Aiken v. Price, Dud., 59;
Pfeifer v. Dargan, 14 S. C, 44; Jaffray v. Steedman, 35 S. C, 33; 14 S. E., 632.
But it is void if made upon the condition that all creditors accept and release. — Jacob
V. Corbett, Chev. Eq., 71; LePrince v. Guillemot, i Rich. Eq., 219; Stewart v. Ker-
rison, 3 S. C, 266; Claflin v. Iseman, 23 S. C, 416; Trumbo v. Hamel, 29 S. C,
520; 8 S. E., 83; Clarke v. Baker, 36 S. C, 420; 15 S. E., 614. But such an
assignment is void if it gives any advantage to the assignor to the detriment of
creditors. — Stewart v. Kerrison, 3 S. C, 266. Partnership may assign the part-
nership property alone, giving such preference to releasing creditors of the firm. —
Trumbo v. Hamel, 29 S. C, 520; 8 S. E., 83; Armstrong v. Hurst, 39 S. C, 498;
18 S. E., 150. But where partners assign both their individual and partnership
assets, and give the individual creditors preference out of the individual
assets, the assignment is void. — Blair v. Black, 31 S. C, 346; 9 S. E., 1033.
When no time is fixed for acceptance upon the terms prescribed, creditors may
accept at any time before the fund is distributed. — Tennant v. Stoney, i Rich.
OF SOUTH CAROLINA. 1015
• A. D. 1902.
Eq., 222; Adler v. Cloud, 42 S. C, 272; 20 S. E., 393; Beall v. Lowndes, 4 S. C, "■ -^ v ~~ ''
258; Atlantic Co. v. Law, 46 S. C, 606; 23 S. E., 955. Preference given ac-
cepting creditors within limited time. — McElwee v. McGill, 57 S. C, 12; 35 S.
E., 401; Trumbo v. Hamel, 29 S. C, 520; 8 S. E., 83. But if time is fixed they
must do so within the time. — Pfeifer v. Dargan, 14 S. C, 44; Jaflray v. Steed-
man, 35 S. C, 33; 14 S. E., 632. Acceptance in terms is not necessary, unless
required; it may be presumed from conduct. — Tennant v. Stoney, i Rich. Eq.,
222. But if required to be in writing, it must be so. — Bank v. Walker, 12 Rich.,
304; Hewitt V. Darlington Phosphate Co., 20 S. E., 804; 43 S. C, 5; Burgess v.
Westmoreland, 38 S. C, 425; 17 S. E., 56. Acceptance and receipt of share of
proceeds bind the creditor, and he cannot afterwards question the validity of
the assignment. — Pierce, Butler & Co. v. Jones & Son, 8 S. C, 273; Arnold v.
Bailey, 24 S. C, 493. But where assignment requires both an acceptance and
release in writing within a given time, the creditor must give both, to be enti-
tled to preference; written acceptance alone not sufficient. — Jaffray v. Steedman,
35 S. C, 33; 14 S. E., 632. A complaint to set aside a sale and mortgage as
void under this Section must state that they were made to creditors of the as-
signor.— Miller v. Hughes, 33 S. C, 530; 12 S. E., 419.
Sec. 2648. If any person, being insolvent, within ninety days tions withfn^oo
before the making- of any assignment by him or her of his or vency "void!^" "
her property for the benefit of his or her creditors, with a view g. s. 2015;
to give a preference to any creditor or person having a claim 848. ' ^^ ' ''
against him or her, or who is under any liability for him or her,
procures or suffers any part of his or her property to be at-
tached, sequestered, or seized on execution, or makes any pay-
ment, pledge, assignment, transfer, or conveyance of any part
of his or her property, either directly or indirectly, absolutely
or conditionally, the person receiving such payment, pledge, as-
signment, transfer, or conveyance of any part of his or her
property, or to be benefited thereby, or by such attachment, hav-
ing reasonable cause to believe such person to be insolvent, and
that such attachment, sequestration, seizure, payment, pledge,
assignment, or conveyance is made in fraud of the provisions
of this Chapter, the same shall be void, and the assignee may
recover the property, or the value of it, from the person so re-
ceiving it, or so to be benefited. Nothing, however, in this
Section shall be construed to invalidate any loan of actual value,
or the security therefor, made in good faith, upon a security
taken in good faith, on the occasion of the making of such
'loan, or any security bona fide made for advances.
Constructive assignments giving preferences void. — Putney v. Friesleben, 32
S. C, 492; II S. E., 337; Meinhard v. Youngblood, 41 S. C, 312; 19 S. E., 673.
Mortgages held not to be. — Lamar v. Pool, 26 S. C, 241; 2 S. E., 322; Mclntyre
V. Ligon, 38 S. C, 457; 17 S. E., 253; Monaghan Bay Co. v. Dickson, 39 S. C, 146;
17 S. E., 6g6. Where the reservation is covered by the homestead it does not affect
the validity of the assignment. — Haynes v. Hoffman, 46 S. C, 157; 24 S. E., 103.
The term insolvent means not having sufficiency of property to pay debts under
legal process. — Akers v. Rowan, 33 S. C, 451; 12 S. E., 165. The manifest object
of this Section is to prevent an insolvent debtor from transferring his property for
the benefit of one or more creditors to the exclusion of others, whether by deed
of assignment or in any other mode. — Wilks v. Walker, 22 S. C, 108. It applies
to foreign assignments as well as domestic. — Ex parte Dickinson, 29 S. C, 453; '
ioi6 CIVIL CODE
A. D. 1902.
^^— "-V-"""^' 7 S. E., 593. It only applies to an actual assignment or to what is tantamount
to an assignment. — Verner v. McGhee, 2(> S. C, 248; 2 S. E., 113; Lamar v.
Pool, 26 S. C, 441; 2 S. E., 322. Archer v. Long, 32 S. C, 171; 11 S. E., 86;
Putney v. Friesleben, 32 S. C, 492; 11 S. E., 337. It does not forbid the right
of securing one creditor over another.- — Magovern v. Richards, 27 S. C, 272; 3
S. E., 340. So where insolvent debtor transfers all of his property to one or
more creditors by mortgage, bill of sale or deed, or in any mode intended to be
an assignment for benefit of such creditors to exclusion of all other creditors, the
transaction is void. — Wilks v. Walker, 22 S. C, 108; Austin v. Morris, 23 S. C,
393; Mann v. Poole, 40 S. C, i ; 18 S. E., 145; Meinhard v. Strickland, 29 S. C,
491; 7 S. E., 837; Mitchell V. Mitchell, 42 S. C, 47s; 20 S. E., 405; Archer v.
Long, 32 S. C, 171; II S. E., 86; Putney v. Friesleben, 32 S. C, 492; 11 S. E.,
337. But a mortgage not so intended is not void. — Lamar v. Pool, 26 S. C, 441;
2 S. E., 322; Magovern v. Richards, 2^ S. C, 272; 3 S. E., 340; Archer v. Long,
32 S. C, 171; II S. E., 86. But where one purchased stock of goods of insol-
vent, hona Me, and paid in part with a debt due him by vendor, the transaction
is not in violation hereof. — Verner v. McGhee, 26 S. C, 248; 2 S. E., 113. As-
signments are not void because they provide preference for liens and for counsel
fees for services rendered for assignment. — Bryce v. Foot, 25 S. C, 467; Verner
V. Davis, 26 S. C, 609; 2 S. E., 114. Akers v. Rowan, 36 S. C, 87; 12 S. E.,
165. But are void when they give preference for legal services not so rendered. —
Clark v. Baker, 2,(> S. C, 420; 15 S. E., 614. It matters not whether the pre-
ference is fraudulent or not. — Lamar v. Pool, 26 S. C, 441; 2 S. E., 322; Ma-
govern V. Richard, 27 S. C, 272; 3 S. E., 340. And preferences in foreign as-
signments, there valid, are void here. — Ex parte Dickinson, 29 S. C, 453; 7 S. E.,
593. A mortgage not recovered for nineteen months, and then recorded within
two days before assignment, is not made within ninety days before such assign-
ment and not avoided by this Section.- — South Carolina Co. v. McPherson, 26 S.
C, 431; 2 S. E., 267. A mortgage of insolvent debtor to secure a creditor, if
not accepted with knowledge of the insolvency within ninety days before general
assignment, is not void. — Magovern v. Richard, 2.^ S. C, 2.^2; 3 S. E., 340. The
Section is not restricted to conveyances to creditors alone; but a conveyance to
his wife, by an insolvent debtor, as a preference, within ninety days before his
assignment, is embraced in this Section, and is void. — Wagner v. Boynton, 29
S. C, 389; 7 S. E., 481. Mortgage of individual property by copartner. — Durham
v. Hemphill, 45 S. C, 621; 24 S. E., 85. Reservation of property by prior fraud-
ulent conveyance renders assignment void. — Younger v. Massey, 17 S. E., 711;
39 S. C, 115. Rights of creditors under assignment. — Ryttenberg v. Keels, 39
S. C.j 203; 17 S. E., 441; McCreery v. Garvin, 39 S. C, 375; 17 S. E., 828.
Where assignment is set aside. — Younger v. Massey, 41 S. C, 50; 19 S. E., 125.
attfck'^^a'ss^Y- Sec. 2649. Whenever any debtor shall assign his or her
jud^m'ent! ° ^ ^ property for the benefit of his or her creditors, it shall and may
G. s. 2016; R. be lawful for any creditor or creditors of the said debtor, either
xvii.!^k8^^^^' by simple contract, specialty, or in any other manner, to insti-
tute proceedings against the said debtor, or the assignee named
in the said assignment, or both, or any other persons properly
parties thereto, either to attack and set aside the said deed of
assignment, or to enforce the provisions thereof, or for any
other purpose whatever, without first obtaining and entering
up judgment against the said debtor upon the claim or demand
so held by the said creditor or creditors.
Applied.^ — Austin v. Morris, 23 S. C, 393; Meinhard v. Strickland, 29 S. C,
491; 7 S. E., 838; Regenstein v. Pearlstein, 30 S. C, 192; 8 S. E., 850; Miller
v. Hughes, 33 S. C, 530; 12 S. E., 419. Releases under mistake. — Whitehill v.
Dacus, 49 S. C, 273; 27 S. E., 200.
OF SOUTH CAROLINA.
TITLE VIII.
CHAPTER LXXXI.
Of the Prevention of Frauds and Perjuries.
Sec.
2650. Parol leases, &c., shall have
the force of estates at will
only ; proviso.
2651. No lease, «&c., shall be as-
signed, &c., by parol.
2652. Certain contracts void, unless
in writing.
2653. Contracts for sale of goods
for fifty dollars or more,
when valid.
2654. Parol gifts of chattels, when
valid against creditors, &c.
Sec.
2655. Agreement reserving any in-
terest in personal property
to vendor or bailor void
against creditors, &c., unless
in writing and recorded ; ex-
ceptions.
2656. Promise to pay debt, or ratifi-
cation after full age, must
be by writing.
2657. No action on representations
as to character, &c., unless
same were in writing.
Who may object to testimony under this Chapter. — Rapley v. Klugh, 40 S. C,
134; 18 S. E., 680. Objection, how raised. — Groce v. Jenkins, 28 S. C, 172; 5
S. E., 352.
Section 2650. All estates, interests of freehold, or terms of ^P%°j|J^f^^^^^
years, or any uncertain interests of, in, to, or out of any lands, tates°Tt ° wlti
tenements, or hereditaments, made or created by livery and""'^' proviso.
seizin only, or by parol, and not put in writing and signed by s.^hlbf 29' c'.
tiie parties so making or creating the same, or their agents ii.,'^545^'|§-^i,^|
thereunto lawfully authorized, by writing, shall have the force
and effect of estates at will only, and shall not, either in law or
equity, be deemed or taken to have any other or greater force
or effect; any consideration for making any such parol leases
or estates, or any former law or usage, to the contrary notwith-
standing, except leases not exceeding the term of one year from
the time of entry, whereupon the rent reserved to the landlord
during such term shall amount unto two-third parts, at the
least, of the full improved value of the thing demised.
Hillhouse v. Jennings, 60 S. C, 392; 38 S. E., S97; Davis v. Pollock, 36 S. C,
544; IS S. E., 718; Hellams v. Patton, 44 S. C, 454; 22 S. E., 608.
Sec. 2651. No leases, estates, or interests, either of free- gj^^o^eases^&c.,
hold or term of years, or any uncertain interest of, in, to, or out ^^j' ^^■' ^^ p^'
of any lands, tenements, or hereditaments, shall at any time be ^ g_ gois;
assigned, granted, or surrendered, unless it be by deed or note, l^g^- ^^^' -^^•'
in writing, signed by the party so assigning, granting, or sur-
rendering the same, or his agent thereunto lawfully authorized
by writing, or by act and operation of law.
Charles v. Byrd, 29 S. C, 544; 8 S. E., i; Davis v. Pollock, 36 S. C, 544;
IS S. E., 718.
ioi8 CIVIL CODE
A. D. 1902.
^""■"■^^''^^ Sec. 2652. No action shall be brought whereby to charge any
agfeemenTs^by ^^^"^^to^ o^ administrator upon any special promise to answer
P^^°^- .damages out of his own estate; or whereby to charge the de-
R.^s. 2i5ifJb! fei^dant upon any special promise to answer for the debt, de-
^^* fault, or miscarriage of another person; or to charge any per-
son upon any agreement made upon consideration of marriage ;
or upon any contract or sale of lands, tenements, or heredita-
ments, or any interest in or concerning them; or upon an};
agreement that is not to be performed within the space of one
year from the making thereof; unless the agreement upon
which such action shall be brought, or some memorandum or
note thereof, shall be in writing, and signed by the party to be
charged therewith, or some person thereunto by him lawfully
authorized.
As to contract by executor or administrator. — Tarvell v. Witherspoon, 3
McC, 486. As to promise to answer for debt of another. — Murrell v. Greenland,
1 Dcss., 332; Stevens v. Winn, 3 Brev., 17; Gunnels v. Stewart, 3 Brev., 52; Jones
V. Ballard, 2 Mill, 113; Hughes v. Crayon, 2 Mill, 257; Ayer v. Hay, 2 Mill, 365;
Pigott V. Sian, i N. & McC, 124; Aiken v. Duren, 2 N. & McC, 370; Caldwell v.
McKain, 2 N. & McC, 555; Leland v. Crayon, i McC, 100; McBride v. Watts, i
McC, 384; Mease v. Wagner, i McC, 395; Madden v. McCray, i McC, 486;
Atkinson v. Barfield, i McC, 575; Boyce v. Owens, 2 McC, 208; Lecat v.
Taval, 3 McC, 158; Barnstine v. Eggart, 3 McC, 162; Caston v. Moss, i Bail.,
14; Roche V. Chaplin, i Bail., 419; McMorris v. Herndon, 2 Bail., 56; Aiken
V. Cheeseborough, i Hill, 172; Cohen v. Hard, 2 Hill, 304; Corbett v. Cochran,
3 Hill, 41; Tyler v. Givens, 3 Hill, 48; Corbett v. Cochran, Riley, 44; Tyler
V. Givens, Riley, 56; Richardson v. Richardson, i McM., 280; Pope v. Fort, 2
McM., 60; Bronson v. Stroud, 2 McM., 272; Simpson v. Nance, i Speer, 4;
S'.rohecker v. Cohen, i Speer, 349; Savage v. Kinloch, Speer's Eq., 464; Kin-
loch V. Brown, 2 Speer, 284; Bird v. Muhlinbrink, i Rich., 199; Dunlap v.
Thorne, i Rich., 213; Kinloch v. Brown, i Rich., 223; Thomas v. Croft, 2 Rich.,
113; Antonio v. Clissy, 3 Rich., 201; Durham v. Arledge, i Strob., 5; Tindal v.
Touchberry, 3 Strob., 177; Hindman v. Langford, 3 Strob., 207; Taylor v. Drake,
4 Strob., 431; Hill v. Smith, 12 Rich., 698; Griffin v. Rembert, 2 S. C, 410; Wil-
liams v. Caldwell, 4 S. C, 100; Black v. White, 13 S. C, 37; Duncan v. Heller,
13 S. C, 95; Felder v. Walker, 24 S. C, 596; Robertson v. Hunter, 29 S. C, 9;
6 S. E., 850; Ollever v. Duval, 32 S. C, 273; 10 S. E., 1070; Willoughby v.
Crosby, 51 S. C, 462; 29 S. E., 242; Speer v. Meschine, 46 S. C, 505; 24 S. E.,
329. Part payment does not take promise to pay debt of another out of the stat-
ute.— Millwee v. Jay, 47 S. C, 430; 25 S. E., 298. As to contract or sale of
land. — Denton v. McKenzie, i Dess., 289; Givens v. Calder, 2 Dess., 171; Hutch-
inson V. Hutchinson, 4 Dess., 77; Cosack v. Descoudres, i McC, 425; Howell v.
Howell, Harp. Eq., 158; Cornwell v. Spence, Harp. Eq., 258; Smith v. Smith, i
Rich. Eq., 130; Schmidt v. Gatewood, 2 Rich. Eq., 162; Poag v. Sandifer, s Rich.
Eq., 170; Cox V. Cox, 5 Rich. Eq., 365; Johnston v. LaMotte, 6 Rich. Eq., 351;
Church V. Farrow, 7 Rich. Eq., 378; Lee v. Lee, 11 Rich. Eq., 574; Hyde v.
Cooper, 13 Rich. Eq., 250; Garrett v. Malone, 8 Rich., 335; Davis v. Moore, 9
Rich., 215; Tramwell v. Tramwell, 11 Rich., 471; Jones v. McMichsl, 12 Rich.,
176; Wetmore v. Rhett, 12 Rich., 565; Billings v. Clinton, 6 S. C, 102; Hill v.
Smith, 12 Rich., 698; Lyles v. Kirkpatrick, 9 S. C, 267; Coleman v. Chester, 14
S. C, 286; Harrison v. Bailey, 14 S. C, 334; Coney v. Timmons, 16 S. C, 384;
Mims V. Chandler, 21 S. C, 492; Nesbitt v. Cavender, 27 S. C, i; 2 S. E., 702;
Boozer v. Teague, 27 S. C, 348; 3 S. E., 551; Martin v. Patterson, 27 S. C, 621;
2 S. E., 859; Hunter v. Mills, 29 S. C, 72; 6 S. E., 907; Charles v. Byrd, 29
S. C, 544; 8 S. E., i; Shuford v. Shingler, 30 S. C, 612; 8 S. E., 799; Lamar
V. Wright, 31 S. C, 60; 9 S. E., 736; Rhode v. Tuten, 34 S. C, 496; 13 S. E.,
OF SOUTH CAROLINA. 1019
A. D. 1902.
676; Dixon V. Hockaday, 36 S. C, 60; 15 S. E., 342; Davis v. Pollock. 36 S. C, ^^-""~v^*~^
544; IS S. E., 718; Coleman v. Curtis, 36 S. C, 607; 15 S. E., 709; 16 S. E., 770.
As to contracts not to be performed within a year. — Gee v. Hicks, Rich. Eq. Ca., 5;
Thompson v. Gordon, 3 Strob., 196; Compton v. Martin, 5 Rich., 14; Gadsden v.
Lance, McM. Eq., 92; Jones v. McMichael, 12 Rich., 176; Carter v. Brown, 3 S. C,
298; Walker v. R. R. Co., 26 S. C, 80; i S. E., 366; Duckett v. Pool, 33 S. C, 238;
II S. E., 689; Wise V. Wise, 60 S. C, 426; 38 S. E., 794; Hillhouse v. Jennings,
60 S. E., 392; 38 S. E., 597; Turnipseed v. Sirrine, 57 S. C, 550; 35 S. E., 757;
Alexander v. McDaniel, 56 S. C, 252; 34 S. E., 405. As to what shall consti-
tute a sufficient writing of the agreement. — Davis v. Robertson, i Mill, 71;
Isaac V. McGrath, i N. & McC, 563; Douglass v. Spears, 2 N. & McC, 207;
Meadows v. Meadows, 3 McC, 458; Anderson v. Chick, Bail. Eq., 118; McMor-
ris V. Herndon, 2 Bail., 56; Rogers v. Collier, 2 Bail., 581; Trustees v. Wiley,
2 Hill Ch., 5S4; Tyler v. Givens, 3 Hill, 48; lb., Riley, 56; Woodward v. Pickett,
Dudley, 30; Carter v. Bennett, Dud., 142; Toomer v. Davidson, Chev., 68; Se-
crist v. Twitty, i McM., 255; Entz v. Mills, i McM., 453; Hatcher v. Hatcher,
McM. Eq., 311; Draper v. Patina, 2 Speer, 292; Savage v. Kinloch, Speer Eq.,
464; Christie v. Simpson, i Rich., 407; Elfe v. Gadsden, 2 Rich., 373; Brown v.
Brown, i- Strob. Eq., 363; Sams v. Fripp, 10 Rich. Eq., 447; Hyde v. Cooper,
13 Rich. Eq., 250; Griffin v. Rembert, 2 S. C, 410; Mims v. Chandler, 21 S. C,
492; Humbert v. Brisbane, 25 S. C, so6; i S. E., 5; Boozer v. Teague, 27 S. C,
363; 3 S. E., 551; Groce v. Jenkins, 28 S. C, 172; 5 S. E., 352; Kennedy v.
Grambling, 33 S. C, 367; 11 S. E., 1081; Willis v. Hammond, 41 S. C, 153; 19
S. E., 310. Part performance. — Watts v. Witt, 39 S. C, 356; 17 S. E., 822;
Kennemore v. Kennemore, 26 S. C, 251; i S. E., 881; Boozer v. Teague, 27
S. C, 348; 3 S. E., 551.
Sec. 2653. No contract for the sale of any goods, wares and sa£'"o?''Joods
merchandise for the price of fifty dollars or upwards shall be^°'"^^'^y '^^J^^J®
allowed to be good except the buyer shall accept part of the ^^'^^-
goods so sold and actually receive the same, or give something j^ ^^ iisz^fb'
in earnest to bind the bargain, or in part payment, or that some ^^^' § ^''•
note or memorandum in writing of the said bargain be made
and signed by the parties to be charged by such contract, or
their agents thereunto lawfully authorized.
Jackson v. Watts, i McC, 288; Toomer v. Dawson, Cheves, 68; Gadsden v.
Lance, McM. Eq., 87; Thompson v. Gordon, 3 Strob., 196; Taylor v. Drake,
4 Strob., 431; Winship v. Buzzard, 9 Rich., 103; Wolf v. Sharp, 10 Rich., 60;
Barbour v. Disher, 11 Rich., 347; Suber v. Pullin, i S. C, 273; Bulwinkle v.
Cramer, 27 S. C, 376; 3 S. E., 776; Louisville Co. v. Lorick & Lowrance, 29
S. C, 533; 8 S. E., 8; Melchers v. Springs, 33 S. C, 279; 11 S. E., 788; Woods
V. Cramer, 34 S. C, 508; 13 S. E., 660; Smith v. Evans, 36 S. C, 69; 15 S. E.,
344; Turnipseed v. Sirrine, 57 S. C, 559; 35 S. E., 758.
Sec. 2654. No parol gift of any chattel shall be valid against __^!!!Lii!^
subsequent creditors or purchasers or mortgagees, except where s.^'2i53^°^i'8Si
the donee shall live separate and apart from the donor, and ^^■' ^^' ^ ^•
actual possession shall, at the time of the gift, be delivered to
and remain and continue in the donee, his or her executors,
administrators, or assigns.
Skell V. McKnight, i Bay, 64; Johnson v. Dillard, i Bay, 232; Avaunt v.
Sweet, 2 Bay, 528; Reid v. Colcock, i N. & McC, 592; Hatton v. Banks, i N.
& McC, 221; Blake v. Jones, Bail. Eq., 141; Sprouse v. Littlejohn, 22 S. C,
360; Bennett v. Cook, 28 S. C, 353; 6 S. E., 28.
Sec. 2655. Every agreement between the vendor and vendee,
bailor or bailee of personal property whereby the vendor or
I020 CIVIL CODE
A. D. 1902.
^"""^^^^^^ bailor shall reserve to himself any interest in the same shall be
re^efvLV^n'^y ^^^^^^ ^^^ void as to subscquent creditors or purchasers for valu-
sonaT^property ^t)le Consideration without notice unless the same be reduced
b°a rf o'r°"vo°d ^ Writing and recorded in the manner now provided by law for
oTs!^ic., unless ^^^ recording of mortgages ; but nothing herein contained shall
recordedf ft- ^PPh' ^o Hvcry Stable keepers, inn keepers, or any other per-
ceptions. gQ^g letting or hiring property for a temporary use, or deposit-
s.^'2i54^;°^ik^,' ii^g such property for the purpose of having repairs or work or
i8^8 2,^xviil', l^bor done thereon.
8J4 AAi., ^g ^Q vendor and vendee. — Before Act of 1843. — Dupree v. Harrington,
Harp., 391; Reeves v. Harris, i Bail., 563; Bennett v. Sims, Rice, 422. After
Act 1843 and before amendment 1882. — Cochran v. Roundtree, 3 Strob., 217;
Talmadge v. Oliver, 14 S. C, 522; Straul v. Screven, 19 S. C, 445; Herring &
Co. V. Cannon, 21 S. C, 212. As to bailor and bailee. — Ludden & Bates S. Music
House V. Dusenbury, 27 S. C, 464; 4 S. E., 60.
Action against SgQ_ 2656. No action shall be maintained whereby to charge
infants — when. -' °
G s "o-'.s- R ^^^' person upon any promise made after full age to pay any
xVi"^ m u^' ^^^^ contracted during infancy or upon any ratification after
full age of any promise (except upon contracts for necessaries)
made during infancy, unless such promise or ratification shall
be made by some writing signed by the party to be charged
therewith.
Salinas v. Bennett, 33 S. C, 285; 11 S. E., 968.
representations ^^^- 2657. No actiou shall be brought whereby to charge any
as to character, pgj-son upou or by rcasou of any representation or assurance
R^s 2^56 -^jT' iTiade or given concerning or relating to the character, con-
^^- duct, credit, ability, trade, or dealings of any person, to the
intent or purpose that such other person may obtain credit,
money, or goods thereon, unless such representation or assur-
ance be made in writing, signed by the party to be charged
therewith, or by some person thereunto by him legally author-
ized.
New Home Sewing Machine Co. v. Wray, 28 S. C, 86; 5 S. E., 603.
OF SOUTH CAROLINA.
TITLE IX.
OF THE DOMESTIC RELATIONS.
Chapter LXXXII. Husband and Wife.
Chapter LXXXIII. Guardians and Wards and Minors.
Chapter LXXXIV. Change of Names.
Chapter LXXXV. Masters, Apprentices and Laborers.
CHAPTER LXXXII.
Husband and Wife.
Article i. Marriage.
Article 2. Certain Rights and Liabilities of Husband and
Wife.
ARTICLE I.
Marriage.
Sec.
2658.
2659.
2660.
Who may contract matrimony.
Validity ; if denied, how af-
firmed ; decree conclusive.
Court of Common Pleas ; au-
thority of on question of
validity ; proviso.
Sec.
2661. Marriage when former hus-
band or wife living ; excep-
tions.
2662. Certain marriages legalized.
2663. Children of such marriages
legitimatized.
2664. Intermarriage of races pro-
hibited.
All persons, except idiots and lunatics, not W^~ t^r^^ir^m^X
JyTg mony.
Section 2658.
hibited by this Section, may lawfully contract matrimony,
man shall marry his mother, grandmother, daughter, grand- gG^^s._ 2026; r.
daughter, stepmother, sister, grandfather's wife, son's wife, ^.^ c.^^3|; ^m2,
grandson's wife, wife's mother, wife's grandmother, wife's
daughter, wife's granddaughter, brother's daughter, sister's
daughter, father's sister, or mother's sister.
No woman shall marry her father, grandfather, son, grand-
son, stepfather, brother, grandmother's husband, daughter's
husband, granddaughter's husband, husband's father, husband's
grandfather, husband's son, husband's grandson, brother's son,
sister's son, father's brother, or mother's brother.
1022 CIVIL CODE
A. D. 1902.
^ ~ The promise of future marriage between parties living in concubinage does
not make marriage, although that intercourse continue. — North v. Valk, Dud.
Eq., 212. Nor will any engagements to marry in the future. — Fryer v. Fryer,
Rich. Eq. Ca., 85. Marriage is a civil contract, whereby the parties take each
other in presenti for man and wife. — Fryer v. Fryer, Rich. Eq. Ca., 85. With-
out any particular formality. — Stringf allow v. Scott, Rich. Eq. Ca., 109; Bow-
ers V. Bowers, 10 Rich. Eq., 551; James v. Mickey, 25 S. C, 270. But proof
that two persons lived together as man and wife is conclusive of their mar-
riage, if not rebutted. — Allen v. Hall, 2 N. & McC, 114; State v. Hilton, 3
Rich., 434. But where party has contracted a valid marriage and then mar-
ries a second time, his cohabitation and acknowledgement of the marriage rela-
tion between him and the second wife is not evidence of the validity of the
second marriage. — State v. Whaley, 10 S. C, 500. Person no7i compos mentis
cannot contract marriage. — Foster v. Means, Speer Eq., 569. Insanity from
delirium tremens will avoid a contract of marriage.— Clement v. Mattison, 3
Rich., 93. Separation; power of court as to. — Rhame v. Rhame, i McC. Eq.,
197; Converse v. Converse, 9 Rich. Eq., 535. Domicile of husband is that of the
family, and it is the duty of the wife to follow him. — Hair v. Hair, 10 Rich. Eq.,
163; Wise V. Wise, 60 S. C, 426; 38 S. E., 794.
denied^ how'af- ^®^' '^^^^' When the vaHdity of a marriage shall be denied
^T^^^^- or doubted by either of the parties, the other may institute a
s^'2i5l°^\k^' ^^^^ ^^^ afifirming the marriage; and, upon due proof of the val-
XV., 30. idity thereof, it shall be decreed to be valid ; and such decree
shall be conclusive upon all persons concerned.
how^'diterm°in: ^^^' '^^^^' ^^^ ^^^^'^ ^^ Common Plcas shall have authority
ed and deciar- |-q j^g^j- ^sid determine any issue affecting the validity of con-
G s 2028- R t'l'^cts of marriage, and to declare said contracts void for want
xvii^^'esi^^^^' *-^^ consent of either of the contracting parties, or for any other
cause going to show that, at the time the said supposed contract
was made, it was not a contract : Provided, That such contract
has not been consummated by the cohabitation of the parties
thereto.
Cases before Act. — Mattison v. Mattison, i Strob. Eq., 387; Duke v. Ful-
mer, 5 Rich. Eq., 121; Bowers v. Bowers, 10 Rich. Eq., 551.
Marriages; Sec. 2661. All marriages contracted while either of the
Proviso. 'parties has a former wife or husband living, shall be void:
G. s. 2029; R. Pfovided, That this Section shall not extend to a person whose
c.'n; 1712, ii.i husband or wife shall be absent for the space of seven years,
the one not knowing the other to be living during that time;
nor to any person who shall be divorced, or whose first mar-
riage shall be declared void by the sentence of a competent
Court.
As to the effect of husband being civiliter mortuus on property rights. — Wright
V. Wright, 2 DeSaus., 242. A husband being more than seven years absent, and
reported to be dead or not heard from, the wife may marry again. — Woods v.
Woods, 2 Bay, 476; Boyce v. Owens, i Hill, 8. The first wife will be presumed
to be alive until seven years after the time she was last heard of, unless shown to
have died in the meantime. — Proctor v. McCall, 2 Bail., 298. The presumption
arising from seven years' absence under this Section is of the fact of death only,
and not as to the time thereof; but where the presumption is based upon the
common law period of twenty years, it is that the death occurred at the com-
mencement of that period. — Chapman v. Cooper, 5 Rich., 452. And where a wife
OF SOUTH CAROLINA. 1023
— A. D. 1902.
marries within the seven years, the presumption of her innocence, with circum- ^~— ~N/^~~-^
stances, may outweigh the presumption o£ the husband's living. — lb. Where a
husband married the second time, about six years after his absent wife was last
known to be alive but when he had received information by letter that she was
dead, his marriage was held valid; she not having been heard of for forty years. —
Canady v. George, 6 Rich. Eq., 103. But it seems that this presumption must
be confined in its effect to exemption from charges of bigamy or other crime and
intentional violations of the marriage vows. If the absent consort return or be
proved otherwise to be living at the time of the second marriage, the second
marriage is void and the issue spurious. — Duke v. Palmer, Rich. Eq., 121.
Sec. 2662. All persons in this State who, previous to their ^^R^ghts^ a^^^d
actual emancipation, had undertaken and agreed to occupy the ^^Yn^d ^rriages!
relation to each other of husband and wife and are cohabiting —^-^^-^T^
as such, or in any way recognizing the relation as still existing Iv^^igJ^ §^i_^'
at the time of the passage of this Chapter, whether the rites of
marriage have been celebrated or not, shall be deemed husband
and wife, and be entitled to all the rights and privileges, and be
subject to all the duties and obligations of that relation, in like
manner as if they had been duly married according to law.
Robertson v. McCauley, 61 S. C, 411; 39 S. E., 570; Davenport v. Caldwell,
ID S. C, 317; State v. Whaley, 10 S. C, 500; Myers v. Ham, 20 S. C, 522;
James v. Mickey, 26 S. C, 270; 2 S. E., 130. This Section applies equally to
marriage of a free person of color with a slave, as where both parties were
slaves. — Dingle v. Mitchell, 20 S. C, 502. Only intended to legalize such
marriages as were morally good. — Clement v. Riley, 33 S. C, 66; 11 S. E., 699.
Does not legalize a marriage of a free negro man with a slave where he after-
wards, before emancipation, married a free woman of color. — Callahan v. Calla-
han, 36 S. C, 454; IS S. E., 727.
Sec. 2663. The children of such marriages shall be deemed ^^Certain.^chn-
legitimate; and when the parties shall have ceased to cohabit, ^'^ed.
in consequence of the death of the woman or from other causes, Q%fi.^jl]'^^\
all of the children of the woman, recognized by the man to be
his, shall be deemed legitimate: Provided, however, That no
provisions of Section 2662 and 2663 shall be deemed to extend
to persons who have agreed to live in concubinage after their
emancipation.
Davenport v. Caldwell, lo S. C, 317; Dingle v. Mitchell, 20 S. C, 202; Myers
V. Ham, 20 S. C, 522. Only intended to legitimatize issue of marriages morally
good. — Clement v. Riley, 33 S. C, 66; 11 S. E., 699. And to make the issue,
when there has been a separation, the legitimate heirs of the mother. — Ih. When
a free man of color marries a slave, and then, before emancipation, marries a
free woman of color, at his death both wives surviving, the children of both
wives are his legal heirs. — Callahan v. Callahan, 36 S. C, 454; 15 S. E., 727.
Sec. 2664. It shall be unlawful for any white man to inter- intermarri-
•^ age of races
marry with any woman of either the Indian or negro races, prohibited.
or any mulatto, mestizo, or half-breed, or for any white woman gG.^s.|032^;^R.
to intermarry with any person other than a white man, or for xvii., 3, § 1.
any mulatto, half-breed, negro, Indian, or mestizo, to inter-
marry with a white woman; and any such marriage, or at-
I024
A. D. 1902.
CIVIL CODE
tempted marriage, shall be utterly null and void and of none
effect.
State V. Paulk, i8 S. C, 514.
ARTICLE II.
Certain Rights and Liabilities of Husband and Wife.
Sec.
2665. Married women may hold
property separate from their
husbands.
2666. Earnings of married women
her separate estate.
2667. May bequeath and convey, as
If unmarried ; property de-
scends as does property of
husbands.
Sec.
2668. May purchase property, talse
conveyances, and malie con-
tracts, as if unmarried ; hus-
band not liable for debts of
wife.
2669. Marriage settlements must de-
scribe property included
therein or have a schedule
annexed.
2670. Tenancy by courtesy abol-
ished.
Married ^woj Scctioii 2665. The real and personal property of a married
property sepa- -^yoman, whether held bv her at the time of her marriaere or ae-
rate irom tneir ' - a
husbands. crucd to her thereafter, either by gift, grant, inheritance, devise,
s *^'2iw "^i'sTO purchase, or otherwise, shall not be subject to levy and sale for
XIV., 325, § 1. j-^gj. husband's debts, but shall be her separate property.
As to tenancy by entirety. — Bomar v. Mullins, 4 Rich. Eq., 80; McLeod v.
Tarrant, 39 S. C, 271; 17 S. E., 773; 20 L. R. A., 846; G., C. & N. Ry. Co. v.
Scott, 38 S. C., 34; 16 S. E., 185, 839.
Under this Section, and Const. Art. XVII., Sec. 9, a married woman may
maintain an action for damages for an unauthorized levy on her property to
satisfy her liusband's debt. — Holtzclaw v. Gassaway, 52 S. C, 551; 30 S. E., 399.
Before the Constitution of 1868 a wife could exercise no powers over property
settled to her use except those conferred by the instrument creating the trust. —
Reid v. Lamar, i Strob. Eq., 27; Creighton v. Clifford, 6 S. C, 188; Witsell v.
Charleston, 7 S. C, 88; Oliver v. Grimball, 14 S. C, 556. This Section not
retrospective, and the vested rights of the husband in lands of wife before the
Constitution of 1868 not affected thereby. — Bouknight v. Epting, 11 S. C, 71;
Shuler v. Bull, 15 S. C, 421. Nor are vested rights of creditors affected thereby. —
Clawson V. Hutchinson, 11 S. C, 323. Such Constitution did not make a set-
tlement upon the wife of her lands acquired before. — lb. But her interest in land
acquired before it is her separate property. — Kincaid v. Anderson, 33 S. C, 260;
II S. E., 766. So in personalty not reduced to possession. — Trustees v. Bryson,
34 S. C, 401; 13 S. E., 619. Such construction would make it violative of the
Constitution of the United States. — lb. But in construing the acts of a married
woman as to her separate estate prior thereto, the Constitution of 1868 may be
looked to as showing the policy of the State as to control of married women over
their separate estates. — Oliver v. Grimball, 14 S. C, 556. The Constitution of
1868 only intended to protect the property of a married woman and not to con-
fer new powers upon her by a change of her legal status. — Pelzer v. Campbell,
15 S. C, 581; Townsend v. Brown, 16 S. C, 92; Aultman v. Rush, 26 S. C,
517; 2 S. E., 402; Bridgers v. Howell, 27 S. C, 425; 3 S. E., 790; Gwynn v.
Gwynn, 27 S. C, 525; 4 S. E., 229. It did not empower her to mortgage her
separate estate. — Aultman v. Rush, 26 S. C, 517; 2 S. E., 402. It gave her no
general power to contract. — Gwynn v. Gywnn, 27 S. C, 525; 4 S. E., 229. Since
the Constitution of 1868 a married woman may acquire separate property by
OF SOUTH CAROLINA. 1025
A. D. 1902.
grift from her husband. — State v. Pitts, 12 S. C, 180; Gerald v. Gerald, 28 S. C, ^""^"V""^
442; 6 S. E., 290; Grantham v. Grantham, 34 S. C., 504; 13 S. E., 675. But
mere use and enjoyment of personal property purchased by her husband does
not create her separate estate therein. — lb. A bequest to a daughter by a father
in 1 86 1, to be free from debts and control of husband, could be properly paid to
the daughter herself after the Constitution of 1868. — Witte v. Clarke, 17 S. C, 313.
What is her separate property. — DeLoach v. Sarratt, 55 S. C, 254; 32 S. E., 2.
Sec. 2666. All the earnings and income of a married woman ^ ^ r'r^iel^wo-
shall be her own separate estate, and shall be governed by the,'"^""
same provisions of law as apply to her other separate estate. issV, 'xix.l
819
Prior to this Act, see Boozer v. Addison, 2 Rich. Eq., 273; 46 Am. Dec, 43;
Bridgers v. Howell, 27 S. C, 425; 3 S. E., 790; Grantham v. Grantham, 34 S.
C., 504; 13 S. E., 675; Hairston v. Hairston, 35 S. C, 298; 14 S. E., 634.
Sec. 2667. A married woman shall have power to bequeath, ^^l^conTyTas
devise, or convey her separate property in the same manner 1^^""™^''''^^^!
and to the same extent as if she were unmarried; and, dying ^'^^'J^'^^ g^j.^^*^°^f
intestate, her property shall descend in the same manner as the husbands.
law provides for the descent of the property of husbands; and j^ ^-g^^- gJee-
all deeds, mortgages, and legal instruments of whatever kind, 32!^ § \ xiv.,
shall be executed by her in the same manner, and have the same
legal force and effect, as if she were unmarried.
This power is absolute. — Phillips v. Oswald, 42 S. C, 71; 20 S. E., 18; Car-
roll V. Thomas, 54 S. C, 520; 32 S. E., 497. Assignment of mortgage. — Lang-
ston V. Smyley, 38 S. C, 121; 16 S. E., 771. Married woman has power to
alienate her equitable estate in stock held in trust simply for her at adoption of
the Constitution of 1868. — Witsell v. Charleston, 7 S. C, 88. But has no such
power where the trustee has contrary power. — Rabb v. Flenniken, 29 S. C, 278;
7 S. E., 597. As to her separate property, there may be dealings between the
wife and her husband, as if she were discovert. — McLure v. Lancaster, 24 S. C,
273. A gift from her to her husband may be inferred. — Ibid. This Section does not
confer the power to make such legal instruments, but only declares the
mode of their execution in pursuance of power elsewhere given. — Aultman v.
Rush, 26 S. C, 517; 2 S. E., 402. And giving a lien by mortgage is neither a be-
quest, a devise nor an alienation. — lb. This power to sell is not limited to "a
sale, pure and simple, for valuable consideration," benefiting her separate es-
tate; but allows disposition by gift or otherwise. — Booker v. Wingo, 29 S. C, 116;
7 S. E., 49.
Sec. 2668. A married woman shall have the right to purchase j^^^^f^^^^^o*
any species of property in her own name, and to take proper "^^"•
legal conveyances therefor, and to bind herself by contract, in
the same manner and to the same extent as though she were
unmarried, which contracts shall be legal and obligatory, and Enforcement
may be enforced at law or in equity by or against such married °/.
her
tracts.
woman in her own name, apart from her husband : Provided, Liability af
That the husband shall not be liable for the debts of the wife ''"^^^"^-
contracted prior to or after their marriage, except for necessary r.^'s^' 2167;
support, and that of their minor children residing with her. \nVc on ?t'.'
The provision relieving the husband of his common law liability for debts of vyrj 5 g*^*'
his wife was held not retrospective in Clawson v. Hutchison, 11 S. C, 323.
Judgment on such liability must be recovered during the continuance of cover-
ture.— Buckner v. Smyth, 4 DeSauss., 371; Wilson v. DuBose, i Bail. Eq., 166;
65.-C.
1026 CIVIL CODE
A. D. 1902. —
Terry v. Hopkins, i Hill. Eq., i. Action against husband for supplies furnished
wife and children. — Hentzer v. Margenhofl, 42 S. C, 427; 20 S. E., 278. Lia-
bility where separated through husband's fault. — Clement v. Mattison, 3 Rich.
L., 93. Where separated through fault of wife. — Williams v. Prince, 3 Strob., 490.
Decisions on contracts prior to the Constitution of 1895. The wife could not
be bound as copartner with husband on contract not relating to her separate es-
tate.— Collins V. Hall, 55 S. C, 336; 33 S. E., 466; Gwynn v. Gwynn, 27 S. C,
525; 4 S. E., 229; Vannerson v. Cheatham, 41 S. C, 329; 19 S. E., 614. The
Act of 1887 refers only to declaration of intent to bind separate estate in con-
veyances, mortgages and like formal instruments. — Martin v. Suber, 39 S. C, 536;
18 S. E., 125; Collins V. Hall, 55 S. C, 336; 33 S. E., 466. Singlufif v. Tindal,
40 S. C, 504; 19 S. E., 137. Effect of absence of declaration of intent. — Rigby
V. Logan, 45 S. C, 651; 24 S. E., 56. It does not apply to absolute convey-
ances.— Carroll v. Thomas, 54 S. C, 520; 32 S. E., 497. The burden of proof
was upon the party attempting to show contract was one within the power of
a married woman. — Collins v. Hall, 55 S. C, 336; 33 S. E., 466; Christensen v.
Wells, 52 S. C, 499; 30 S. E., 611; Earley v. Law, 42 S. C, 330; 20 S. E., 32;
Mortgage Co. v. Mixson, 38 S. C, 437; 17 S. E., 244; Simon v. Sabb, 56 S. C,
38; 33 S. E., 799; Pelzer v. Durham, 37 S. E., 354; 16 S. E., 46; Reid v.
Stevens, 38 S. C, 519; 17 S. E., 358; Bailey v. Seymour, 42 S. C, 322; 20 S.
E., 62; Kuker v. Carter, 42 S. C, 84; 20 S. E., 22. She might borrow money and
purchase or pay claims against her husband. — Ellis v. Cribb, S5 S. C, 328; 33 S. E.,
484; Philpot v. Cantey, 52 S. C, 515; 30 S. E., 595. Moral obligation to pay fof
goods accepted and used by her was a sufficient consideration for a note. — Ferguson
v. Harris, 39 S. C, 323; 17 S. E., 782. While a married woman had absolute
power to convey, where she gave a power of sale in a mortgage as security, the
power fell with mortgage. — Dunbar v. Foreman, 40 S. C, 490; 19 S. E., 186.
This Section, so far as it purports to enlarge the powers of a married woman,
beyond the terms of the Constitution of 1868 on that subject, is within the plen-
ary power of the Legislature and not unconstitutional. — Pelzer v. Campbell, 15
S. C, 581. While it gives the power to purchase, it does not give the power to
execute a mortgage to secure the purchase for her husband. — Aultman v. Gibert,
28 S. C, 303; 5 S. E., 806. Or secure his debt by mortgage of her separate
property. — Connor v. Edwards, 36 S. C, 563; 15 S. E., 706.
Married woman may bind herself by contract. — Ross v. Linder, 12 S. C,
592. Prior to this Act of 1882, amending Act of 1870, the wife could
become surety for her husband. — Witsell v. Charleston, 7 S. C, 88; Clink-
scales V. Hall, 15 S. C, 602; Witte v. Wolf, 16 S. C, 256; Witte v. Clark,
17 S. C, 313. And become surety for the firm of which her son was a member. —
Pelzer v. Campbell, 15 S. C, 581. Or for her son. — State v. Moses, 18 S. C,
366. And she could mortgage lands conveyed before or after the Act of 1870,
to her sole and separate use. — Witte v. Wolf, 16 S. C, 256; Gleaton v. Gibson,
29 S. C, 514; 7 S. E., 833; Chambers v. Bookman, 32 S. C, 455; 11 S. E., 349.
She could bind herself by acceptance of a draft. — Long v. Schmidt, 18 S. C, 604.
A judgment confessed by a married woman in 1867, having been renewed in
1876 and 1883, is valid. — Crenshaw v. Julian, 26 S. C, 283; 2 S. E., 133. Sub-
sequent to the Act of 1882, and prior to the Act of 1887, a married woman could
only make such contracts as actually relate to her separate property, and cannot oth-
erwise bind herself. — Habenicht v. Rawls, 24 S. C, 461 ; Aultman v. Rush, 26 S. C,
517; 2 S. E., 402; Brown v. Thompson, 27 S. C, 500; 4 S. E., 345; Gwynn v. Gwynn,
27 S. C, 525; 4 S. E., 229; Brown v. Prevost, 28 S. C, 123; Aultman v. Gibert, 28
S. C, 303; s S. E., 806; Booker v. Wingo, 29 S. C, 116; 7 S. E., 49; Livingston v.
Shingler, 30 S. C, 159; 8 S. E., 842; Taylor v. Baker, 30 S. C, 288; 9 S. E., 115;
McCord V. Blackwell, 31 S. C, 125; 9 S. E., 777; Erwin v. Lowry, 31 S. C, 330;
9 S. E., 961; Harris v. McCaslan, 31 S. C, 420; 10 S. E., 104; Gwynn v. Gwynn,
31 S. C, 482; 10 S. E., 221; Salinas v. Turner, 33 S. C, 231; 11 S. E., 702;
Griffin v. Earle, 34 S. C, 246; 13 S. E., 473. But she is still liable on contract
made for benefit of her separate estate, and can subject such estate to liability
for its performance. — Brown v. Thompson, 27 S. C, 500; 4 S. E., 345; Dial v.
Agnew, 28 S. C, 454; 6 S. E., 295; Fant v. Brown, 29 S. C, 598; 6 S. E., 937;
Tribble v. Poor, 30 S. C, 97; 8 S. E., 541; McCord v. Blackwell, 31 S. C, 125;
9 S. E., 777; Kincaid v. Anderson, 33 S. C, 260; 11 S. E., 766; Brice v. Miller,
33 S. C, 537; IS S. E., 272; Neal v. Bleckley, 36 S. C, 468; 13 S. E., 733. Although
OF SOUTH CAROLINA. 1027
A. D. 1902.
made through her husband or other agent. — Greig v. Smith, 29 S. C, 426; 7 S. E., ^~'-""~v^""-^
610; Brown v. Thompson, 31 S. C, 436; 10 S. E., 95; Scottish Co. v. Deas, 35 S. C,
42; 14 S. E., 486. A mere declaration of intention to bind her separate es-
tate was not sufficient. — Hibernia Institution v. Luhn, 34 S. C, 175; 13 S. E., 357.
But it is not necessary for party enforcing contract to show that it was so made. —
Taylor v. Barker, 30 S. C, 238; 9 S. E., 115. Brown v. Thompson, 31 S. C,
436; 7 S. E., 610; Chambers v. Bookman, 32 S. C, 455; 11 S. E., 349; Hibernia
Institution v. Luhn, 34 S. C, 175; 13 S. E., 357; Griffin v. Earle, 34 S. C, 246; 13
S. E., 473. Yet proof of her representation to that effect is sufficient prior to Act of
1887. — Brown v. Thompson, 31 S. C, 436; 7 S. E., 610; Wallace v. Carter, 32 S. C,
314; II S. E., 97; Chambers v. Bookman, 32 S. C, 455; 11 S. E., 349; Salinas v.
Turner, 33 S. C, 231; 11 S. E., 702; Scottish Co. v. Deas, 35 S. C, 42; 14 S. E.,
486; Nott V. Thompson, 35 S. C, 461; 14 S. E., 940. Unless other party knew
the truth, and was not misled by her representation, then she is not estopped
thereby. — Gwynn v. Gwynn, 31 S. C, 482; 10 S. E., 221; Schmidt v. Dean, 31
S. C, 498; 10 S. E., 228, 1104; Goodgion v. Vaughn, 32 S. C, 499; 11 S. E., 351;
Kincaid v. Anderson, 33 S. C, 260; 8 S. E., 541; Carrigan v. Drake, 36 S. C,
354; 15 S. E., 339. But she is estopped when the representation is made in her
negotiable note, and she is sued by a bona fide endorsee thereof. — Nott v. Thomp-
son, 35 S. C, 461; 14 S. E., 940. It is not necessary that contract did prove
to benefit her separate estate. — Howard v. Kitchens, 31 S. C, 490. Where a mar-
ried woman borrows money for her own use, it is a contract as to her separate
estate and enforcible against it. — Greig v. Smith, 29 S. C, 426; 7 S. E., 610;
Brown v. Thompson, 31 S. C, 436; 10 S. E., 95; Howard v. Kitchens, 31 S. C,
490; 10 S. E., 224; Gwynn v. Gwynn, 31 S. C, 482; 10 S. E., 221; Reid v. Stevens,
38 S. C, 519; 17 S. E., 358; Bratton v. Lowry, 39 S. C, 383; 17 S. E., 832;
Schmidt v. Dean, 31 S. C, 498; 10 S. E., 228; Law v. Lipscomb, 31 S. C, 504;
10 S. E., 226, 1104; Building Association v. Jones, 32 S. C, 308; 10 S. E., 1079;
Hibernia Institution v. Luhn, 34 S. C, 175; 13 S. E., 357; Scottish Co. v. Deas,
35 S. C, 42; 14 S. E., 486; Ellis v. American Co., 36 S. C, 45; 15 S. E., 267.
She cannot make a contract of partnership. — Gwynn v. Gwynn, 27 S. C, 525;
4 S. E., 229; Hagan v. Hoover, 33 S. C, 219; 11 S. E., 725. And her separate
estate not liable for contracts of pretended partnership with her. — lb.; Weisiger v.
Wood, 36 S. C, 424; 15 S. E., 597. Is not bound by mortgage given to secure
debt of another. — Sibley v. Parks, 28 S. C, 607; 5 S. E., 809; Bates v. Ameri-
can Mortgage Co., 37 S. C, 99; 16 S. E., 883. Residing with her husband on
the land recovered, she is not liable for damages and costs. — Shuford v. Shingler,
30 S. C, 612; 8 S. E., 799. After judgment it is too late to claim that mortgage
was void because made by a married woman. — Jennings v. Harrison, 33 S. C,
206; II S. E., 695. Agency of husband for wife. — Walker v. Walker, 17 S. C,
329. Estoppel by conduct, to assert title; renouncing dower on conveyance by
husband. — Campbell v. Sloan, 21 S. C, 301. The Act of 1891 not retrospective. —
Collins V. Hall, 55 S. C, 336; 33 S. E., 466.
Sec. 2669. All marriage contracts, deeds, and settlements, mmt^ descrfbe
shall therein describe, specify, and particularize the real and musV ^leSrfbl
personal estate thereby intended to be included, comprehended, duXT^thereln
conveyed, and passed, or shall have a schedule thereto annexed, schedVe'' a n^
containing a description and the particulars and articles of the."^^^^'
real and personal estate intended to be conveyed and passed by r. %.^" 21681
such marriage contracts, deeds, and settlements ; which said §'f ' ^'' ^°^'
schedule shall be thereto annexed, apd signed, executed, and
delivered by the parties therein interested, at the time of the
signing, executing, and delivering the said marriage contracts,
deeds, and settlements, and be subscribed by the same witnesses
who subscribed the said marriage contracts, deeds, or settle-
ments, and shall be recorded therewith; otherwise, and in de-
I028
CIVIL CODE
A. D. 1902.
^"'"'^'^■^ fault of such schedule and recording thereof as aforesaid, the
said marriage contracts, deeds, and settlements shall be deemed
and declared to be fraudulent, null, and void, with respect to
and against creditors and bona fide purchasers or mortgagees.
As to sufficiency of description. — McCartney v. Ferguson, 2 Hill Eq., 180;
Ramsey v. Richardson, Riley Eq., 271; McDowell v. Chambers, i Strob., 347;
47 Am. Dec, 539; Rivers v. Thayer, 7 Rich. Eq., 136. As to recording. — Ward
V. Wilson, I DeSaus., 401; White v. Palmer, i McMul. Eq., 115; Fowke v. Wood-
ward, Speer Eq., 233; LePrince v. Guillemot, i Rich. Eq., 187; Higgenbottom
V. Peyton, 3 Rich. Eq., 398; Gibbes v. Cobb, 7 Rich. Eq., 54; Rivers v. Thayer, 7
Rich. Eq., 136; Barsh v. Riols, 9 Rich. L., 162; Garner v. Garner's Ex'ors, i DeSaus.,
437; Forrest v. Warrington, 2 DeSaus., 254; Croft v. Arthur, 3 DeSaus., 223; Taylor
V. Herriot, 4 DeS., 227; Boatwright v. Wingate, 3 Brev., 423; Alston v. Alston, 3
Brev., 469; 2 Tread. Const., 604; Chaney v. Lubbock, i N. & McC, 444; Givens v.
Branford, 2 McC, 152; Harrion v. McCall, i Harp. Eq., 170; Franklin v. Crayton,
lb., 243; Miller v. Kershaw, Bailey Eq., 479; McCartney v. Ferguson, 2 Hill Eq.,
180; Perryclear v. Jacobs, lb., 504, Riley Eq., 47; Bank of U. S. v. Brown, 2 Hill
Eq., 558; Riley, 131; Baskins v. Giles, Rice Eq., 315; Bank v. Mitchell, lb., 389;
Smith v. Patterson, i Cheves Eq., 29. Want of schedule or failure to record it
does not invalidate the settlement between the parties; only as to creditors and
purchasers. — Fripp v. Talbird, i Hill Ch., 142. If property be sufficiently de-
scribed in the articles of settlements, no schedule is necessary. — Heriot v. High-
ham, Bailey Eq., 222; Rivers v Heyward, 7 Rich. Eq., 136. The description
must necessarily be according to the character of the property and must give
all the information that can reasonably be required. — Rivers v. Heyward, 7 Rich.
Zq., 136. But it must correspond with the particularity intended by the Act. —
Allen V. Rumph, 2 Hill Ch., i.
cou^tesT^aboi^ ^^^- 2670. Tenancy by courtesy is abolished in this State.
ished.
R. S. 2169;
1883, XVIII.,
339.
CHAPTER LXXXIII.
Guardians and Wards of Minors.
Article i. Guardians in General.
Article 2. Public Guardians.
Article 3. Testamentary Guardians.
Article 4. Miscellaneous Provisions Relating to Minors.
ARTICLE I.
Guardians in General.
Sec.
2671. Guardian to give bond to
Judge of Probate ; sureties
of ; how relieved.
2672. To render annual accounts ;
penalty.
2673. Proceedings against sureties.
2674. Measures to be taken on
death of guardian for an
accounting.
Sec.
2675. Proceedings when guardian
removes from State ; cita-
tion ; how published, &c.
2676. When, upon such proceedings,
appointment to be revoked.
2677. When guardians must apply
for partition.
2678. Commissions.
2679. Commissions to deceased
guardian's estate.
OF SOUTH CAROLINA.
Sec. 2671. The Judge of Probate, on appointing a guardian
to any estate, shall require him to enter into bond to himself giv^"^bond" u>
and his successors in a penalty of double the amount of suchJ^^^^^^^ sureties
estate, and shall have the same power, as to relieving the sure- HeVed^""^ '^^'
ties of a guardian, which is given to him in the case of relieving q g. 2040 ;
the sureties of an administrator. ^9_ xi., f es!
Liability of sureties is to extent of penalty and not merely to value of prop- '^ •
erty stated in petition. — Johnson v. Johnson, 2 Hill Ch., 277. And is not limited
to property owned by ward when the trust is assumed, but to all property sub-
sequently accruing. — Gray v. Brown, i Rich., 351. Where in relieving sureties
the guardianship is not revoked, but new bond is required, the old sureties are
released from future default.— Field v. Pelot, McM. Eq., 369. But remains
liable for all property then in the hands of the guardian. — Hall v. Hall, 45 S. C,
166; 22 S. E., 818.
Sec. 2672. All guardians of estates appointed by the Judge of To render
o j^i -' ./<_. annualac-
Probate shall render to him an annual account of their actings counts; penai-
and doings, as executors or administrators are required by law — 5~Y~204V
to do, and upon making default shall forfeit their commissions. R-^^ s.^^ 2171;
Sec. 2673. Any Judge of Probate shall have power to pro- §6^; ^isu, vii.;
nounce a decree against any guardian by him appointed, uponi839, xi., 68,
final account, which shall authorize such proceedings against p^o^eg^ings
the sureties of such guardian as may be taken in the like cases against sure-
<=' •' ties.
against the sureties of an administrator. g s ''042- r
No action at law on bond until such decree. — Anderson v. Maddox, 3 McC, S. 2172; 1839,
237; Harrington v. Cole, 3 McC, 509; James v. Wallace, 4 McC, 121; Somerall XI., 67, § 31.
v. Gibbes, 4 McC, 547; Pratt v. Mcjunkin, 4 Rich., 5. As defense, errors in
such decree against principal cannot be proved unless set out in plea of surety. — •
Davant v. Webb, 2 Rich., 379. Sureties may reduce the amount of the decree
by proper proof thereof. — Pratt v. Mcjunkin, 4 Rich., 5.
Sec. 2674. In case of the death of any guardian not repre- in case of
1 . . 1 T 1 r -n i_ ^ death of guar-
sented by an executor or administrator, the Judge ot Probate dian, to take
ctccotint.
shall take the same measures for an account and decree against ^ ■
... G. S. 2043;
him, which shall have the like force and effect against his sure- r. s. 2173; ib.,
ties and estate, as is provided by law respecting an administra-
tor.
Sec. 2675. In case of change of domicile by any trustee, judge of Pro-
° . bate to cite
euardian of minors, committee of lunatics and persons «07i trustees, &c.,
. . _ J in case of re-
compos mentis, to a place beyond the limits of this State, and m o v a 1 from
absence therefrom for ten consecutive months then last past, sence for ten
, . - months.
and such change or absence is made to appear to the satistac
^ , „ , • , • G. S. 2044;
tion of the Judge of Probate of the County wherein the appoint- r. |- 2174;
ment was made, it shall be the duty of such Judge of Probate
to cite such trustee, guardian of minors, committee of lunatics
and persons non compos mentis, to account in person before
him, on a day named in the citation, which shall not be less than
sixty days from the date thereof; and such citation shall be
I030 CIVIL CODE
A. D. 1902. ^
^"^^^'^^ served upon such absent trustee, guardian of minors, committee
of lunatics and persons non compos mentis, by publication
forthwith, once a week for four weeks, in the newspaper in
which the said Judge of Probate published his official adver-
tisements, and a copy shall be mailed to such absent trustee,
guardian of minors, committee of lunatics and persons non
compos mentis, at his, her, or their place of residence, if it is
known, or can with reasonable diligence be ascertained,
ointment ^of ^®^' ^^76. If, upon such citatiou, such absent trustee, guar-
^t"b^ '^retoked' *^^^^ °^ minors, committcc of lunatics and persons non compos
— G~s~2045^ w^'/i^u^ fail to appear in person upon the day named, and render
R.^s. 2175; lb., g^ retum of his administration up to date, or, appearing by attor-
ney, fails to disprove a change of domicile and continuous ab-
sence for ten months next preceding the date of citation, the ap-
pointment shall be revoked and annulled.
To apply for ggQ_ 2677. The guardian or guardians of children under age
partition, o o o
descend irf "co- shall be required and directed to apply to the Court for an order
parcenary, &c. pf partition in all cases where any lands shall be given or de-
R ^'s^' 2176- scend to such children in coparcenary, joint-tenancy, or tenancy
1748, III., 708, jj^ common, (and no provision made by will or otherwise how
such lands shall be divided,) in case any one of the said co-
parceners, joint-tenants, or tenants in common, shall neglect to
apply for such partition for twelve months after becoming of
age.
Commissions, ge^ 2678. All guardiaus having the care of the estates of
R.^'s^' ll^^'^^T^ors, idiotic and insane persons, and persons no compos
fn- 1789 v!', w^7i?2.y_, shall have the same commissions for their services as
112, § 20. ^j-g allowed by law to executors, administrators, and other trus-
tees.
Booth V. Sineath, 2 Strob. Eq., 31; ex parte Commissioner. 5 Rich. Eq., 13.
t f Tf c^l'as"ed Sec. 2679. When any guardian of an infant dies after receiv-
s^^'^'^^^^- ing any of the funds of his or her ward, the estate of such de-
R. %.^" 2178; ceased guardian shall be allowed commissions for paying over,
825^'i i^^^"as well as for receiving, the funds of such ward remaining in
the hands of such guardian at the time of his or her death :
Provided, The payment over is made to the ward, and not to
another guardian.
Such commissions not allowed before this Act. — Floyd v. Priester, 8 Rich.
Eq., 248. Applied. — Adams v. Latham, 14 Rich. Eq., 304.
/•'
OF SOUTH CAROLINA.
ARTICLE II.
Public Guardians.
Sec.
2680. Judge of Probate to be pub-
lic guardian ; for whom and
when ; how appointed, &c.
Sec.
2684. Reports to Court of Common
Pleas ; when ; what to state.
2685. Investments to be made under
2681. Application for appointment ; ' direction of Circuit Judge.
by whom to be made ; what
to state.
2682. Order of appointment.
2683. Powers and liabilities of
guardian ; compensation.
2686. Discharge of guardian.
2687. Duty of Clerk of Court.
2688. Moneys, books, papers, &c., to
be turned over to successor ;
Costs.
Section 2680. The Judge of Probate for each County in this p^J^"^^'^/^^ %l
State shall be required to act as the guardian of the estates of |PP°'"j^^^g|""^
minors, idiots, and lunatics in their respective Counties where ^^^^^^^ '^ ^ °
such minors, idiots, or lunatics have no general or testamentary ^ g 20514
guardian or guardians, and where it is made satisfactorily to^^ ^xv^Fi.'
appear to the Court of Common Pleas, or a Judge of said Court *^| ^^^^' ^^•'
at Chambers, on a petition filed for that purpose, and on proof
that the notice of the object of the said petition, together with a
statement of the nature, condition, and value of the estate of
said minor, idiot, or lunatic, has been inserted once a week for
two weeks previously in some public newspaper published in
said County, or, if there be none, in some adjoining County,
and also at the door of the Court House, that no fit, competent,
and responsible person can be found who is willing to assume
such guardianship ; and the Judge of Probate appointed as jud^'e''of*^Prc5
such guardian and his sureties shall be held responsible upon gu^lties^ '®
his official bond for all estates of such minors, idiots, and luna-
tics received by him.
This does not create a separate office, but merely imposes new duties on the
Probate Judge. — State v. Green, 52 b. C, 520; 30 S. E., 683.
Sec. 2681. The application for the appointment of the Judge Appncation
^^ ^^ •'^for appomt-
of Probate as such guardian shall be made by the father, ment. ^
mother, husband, brother, executor, administrator, or other per- G. s. 2052;
R. S. 2180 J
son interested in said minor, idiot, or lunatic, and shall state isso, XV 1 1 .,
463, § 2.
the name and age of the minor, idiot, or lunatic, the character
and value of the estates of such minor, idiot, or lunatic, and that
such minor, idiot, or lunatic has no general or testamentary
guardian, and that no fit, competent, or responsible person can
be found who is willing to assume said trust, and shall be sub-
scribed and sworn to by the party making the application. ^^^^ ^^
Sec. 2682. The Court or Judge hearing such application, if pointment.
satisfied that the interest of the minor, idiot or lunatic would be „ K- S. 218I;
CIVIL CODE
best subserved by such appointment, shall endorse on such ap-
plication an order appointing the Judge of Probate such guar-
dian and authorizing him to receive the estates of such minor,
idiot or lunatic, and to sign and seal all necessary and proper
releases and discharges relating thereto.
Habfiitfes ^o f ^^^' ^^^^- ^hc Judge of Probate so appointed shall have all
guardian; com- ^he powcrs and bc subjcct to all the liabilities of guardians ap-
pensation. ^ •' . .
— r—^—^^ pointed by the Court of Probate, and shall be entitled to like
lb.. § 4. compensation.
Report of in- gee. 2684. The Judge of Probate for each County in this
vestments, &c. .^ o j
—z — ^ — -^^ State shall annually, at the first term of the Court of Common
^4 ^s P^''^^'' Pleas in and for his County, and oftener if required by the pre-
siding Judge of the Circuit, submit in open Court a report,
under oath, of all his actings and doings as such public guar-
dian, which report, if satisfactory, shall be approved by the pre-
siding Judge by endorsement thereon, and shall be filed in the
office of the Clerk of Court of Common Pleas of said County.
lb., § 6. 'pj-^g annual report of the Judge of Probate, as public
guardian, required by this Section, shall state the name
of each minor, idiot, or lunatic, the date when appointed
guardian of such minor, idiot, or lunatic; the value of
the estates of such minor, idiot, or lunatic; of what the same
consists ; the amount and character of the investments, if any,
and when and by whom made, and what amount, if any, re-
mains uninvested, and the amounts received and paid out since
last report, properly vouched, and such recommendations as he
may deem most to the advantage of his wards respectively.
to WpproTed Sec. 2685. All investments made by the Judge of Probate as
R. s. 2184; public guardian shall be made under the direction and with the
S'gi, XX, iiiV. approval of the presiding Judge, or the Judge of the Circuit in
which said Judge of Probate resides, upon a petition and proof
that said proposed investment is a safe and proper one; that
the public guardian shall have due notice of the petition and of
the time and place of taking testimony thereunder, with the
right to cross-examine petitioners' witnesses, and to ofifer tes-
Record. timony ; and the said petition, testimony, or decree made there-
upon by said Court or Judge shall be duly recorded as provided
in Section 2687.
gu^rdSn."^^ °^ Sec. 2686. All orders of discharge of the Judge of Probate,
G. s. 2055; as public guardian, shall be granted by the presiding Judge or
R.^s. 2i85;7b., |.j^g Judge of the Circuit in which said Judge of Probate resides,
it being made satisfactorily to appear that a full and fair ac-
OF SOUTH CAROLINA. 1033
— ~- A. D. 1902.
counting has been had with the parties entitled to the estates ''^-^"v— "^
received by him as such guardian.
Sec. 2687. The Clerk of the Court of Common Pleas shall cie°kVf Court
keep a separate journal of all proceedings and orders relating q §_ 2006;
to matters of the Judge of Probate as public guardian, and shall g^-g^^- ^^^^' ^^■'
keep all books, papers, and records relating to the same in a
separate apartment in his office, neatly put up in packages and
endorsed, and the said Clerk shall be entitled to charge and re-
ceive for the services so rendered the same costs and fees which
would be charged for similar services rendered in the Court of
Probate.
Sec. 2688. The Judge of Probate retiring from office, or in ^ Jj^gj^<;^^^j^ °J
case of the death of the Judge of Probate, his executor or ad- ^Pprobate'^fi!
ministrator, shall turn over all moneys, bonds, mortgages, ™°neys,^&c,^to
notes, and other choses in action, and all books, papers, and to successor.
other writings in his hands, custody, and control, as such pub-^^ ^.^S. 2057;
lie guardian, to his successor in office, who thereupon shall as- ig°'. lo?^^^ g'
sume all the duties of such public guardian, and be invented 2188; ib., § 11.
with all the powers and be subject to all the liabilities of such
guardian.
The costs for all proceedings under this Article shall be the
same, and none other, than for similar proceedings m the Court
of probate.
ARTICLE III.
Testamentary Guardians.
Sec.
2689. Custody of minor children
may be disposed of by fath-
er or mother ; when ; how.
2690. Such disposition valid.
2691. May maintain action for re-
covery of children, &c.
Sec.
2692. Custodians to take charge of
property conveyed or devised
for use of ward ; until
when ; general powers, &c.
2693. To make annual returns to
Judge of Probate.
Section 2689. The father of any child or children, under the custody of
age of twenty-one years and not married, whether born before disposed of by
or after the death of such father, or the mother of any such mother.
child or children, the father being dead, whether such father g. s. 2058;
fe ' R. S. 2189;
or mother be under the age of twenty-one years, or of full age, 1748, iii., 708,
may, by his or her deed, executed and recorded according to 791. '
law, or by his or her last will and testament, made and pro-
bated according to law, dispose of the custody and tuition of
I034 CIVIL CODE
A. D. 1902.
"^"""-"''^^ such child or children for and during such time as he, she, or
they respectively remain under the age of twenty-one years,
to any person or persons, in possession or remainder.
posiSon'' valid! ^ec. 2690. Such disposition of the custody of such child or
G. s. 2059; children shall be good and effectual against all and every per-
R. s. 2190; lb. gQj^ Qj. persons claiming the custody of such child or children,
as guardian in socage or otherwise,
tain^cfion^for Scc. 2691. Any pcrson or persons, to whom the custody of
children^ &c.° any child or children has been or shall be disposed or devised,
G. s. 2060; as provided by the two preceding Sections of this Chapter, shall
■ ■ ^^^^'' ^' and may maintain an action against any person or persons who
shall wrongfully take away or detain such child or children, for
the recovery of such child or children, and shall and may re-
cover damages for the same in the said action, for the use and
benefit of such child or children,
have^the riVts ^®^- ^692. Any pcrsou or persons to whom the custody of
of a guardian, ^^^y (>hild or children has been or shall be disposed or devised
R ^' s^' 2W2- ^^ provided by Sections 2689 and 2690, may take into his, her
791^'^' ^•^■^•'or their possession, to and for the use, support and education
of such child or children, all property, real and personal, which
by such deed or will shall have been conveyed, or devised, or
bequeathed to such child or children, till their respective age
of twenty-one years, or for such lesser time as shall be fixed
by such deed or will aforesaid ; and may do all acts in relation
thereto which a guardian appointed according to law might do.
be^^ma'de to ^^^- 2693. The custodian so appointed by deed or will shall
Judge. ^^°^^^^ ^^^^ ^ return to the Judge of Probate of all the property
G. s. 2061; which shall come into his or her possession, and account an-
R. s. 2192; lb. dually for the rents, profits and income thereof, and be liable
therefor, in the same manner and to the same extent as guar-
dians appointed by law.
ARTICLE IV.
Miscellaneous Provisions Relating to Minors.
Sec. Sec.
2694. Employers of minors to pay
parents or guardians ; when.
2695. Certain contracts of students
of colleges, &c.
2696. Unlawful to issue process on
such contracts ; confession
of judgment on, void.
2697. Judgments on, to be vacated.
2698. Not applicable to apothecaries
as to sale of drugs, &c.
OF SOUTH CAROLINA.
Section 2694. If any person shall hire or employ any minor,
or person under the age of twenty-one years, without the ^f ^mTnoi^l"
knowledge and consent of the parents or guardian of such^|.*gu°rSi?n"''^
minor, such person shall pay to the said parents or guardian the g. s. 2062;
full value of the labor of said minor from and after notice from fgVi^ \ i v'*;
the parents or guardian that payment of such service shall be^*^' ^ ^'
made to him or them, as the case may be.
Sec. 2695. Any contract or agreement whatsoever, express ^ractJ^^by c«-
or implied, by any undergraduate of any of the colleges or in- t^^^j "an™ w!
stitutions of education in this State, who shall be a minor, with ^ g goes;
any shop-keeper, upon the sale of any wines, ardent spirits, Rg^g^- ^^^''^
goods, wares, or merchandise, or any article of trade, or with 296, § 1.
any keeper of a hotel, tavern, house of entertainment, or livery
stable, shall be held and deemed utterly null and void, insomuch
that no confirmation of the same by such student, after he may
have attained the age of twenty-one years, shall render such
contract or agreement of legal obligation.
Sec. 2696. It shall not be lawful to issue any process, either jggYe"^^pro%s*s°
from a Magistrate or from any Court of record in this State, f^-^_ ''^^'"^*
against any such student, upon any such contract or agreement, q g goell
as aforesaid, at any time; nor shall any confession of judgment f 2 ^•^^'^^' ■^^•'
upon the same be lawful or binding, or be allowed to be en-
tered up.
Sec. 2697. In case any judgment shall be confessed, or ob-juJ^^entl "o
tained contrary to the prohibition hereinbefore expressed, the^^ vacated. — ^
same shall be ordered to be vacated and annulled by any Judge ^ s.2197; ib.',
of the Common Pleas, at Chambers or in open Court, upon any § ^•
information that may satisfy him that the said judgment is in
contravention of the intent of the two preceding Sections.
Sec. 2698. The provisions of the three preceding Sections of bie^?o apothe-
this Chapter shall not apply to any apothecary, so far as his gaiT^of ^Ledi°
dealings may concern the sale of his drugs and medicines. f!!^!l .
G. S. 2066;
R. S. 2198; lb.,
§ 4.
2699.
2701.
CIVIL CODE
CHAPTER LXXXIV.
Change of Names.
Application for change of
name to be made by petition
in open Court ; what to be
set forth.
2700. Judge to exercise discretion
in granting or refusing.
Duty of Clerk of Court when
petition Is granted.
Sec.
2702. To sue and be sued by new
name ; pending actions.
2703. Effect on old obligations, as
to heirs, executors, &c.
2704. Petition for leave to adopt
children ; proceedings there-
Persons de-
siring to
Section 2699. Any person who may be desirous of changing
change their ^jg qj. j^gj- n^me mav exhibit his or her petition, in writing, to
names to ap- - jr ' _ o'
^ouTt^ °^^^ ^"y °^ ^^^ Judges of the Circuit Court of this State, in open
'^ ^ ^^ Court, setting forth in said petition the reasons why he or she is
Si4 ^v ^18' desirous of changing his or her name, together with his or her
§ ^- age, place of residence and nativity, and the name by which he
or she wishes thereafter to be called and known.
Se"'^ dTscre- ^^^- 2700. Upon Said petition, and the reasons therein con-
. tained, it shall be the duty of the Judge to determine, and grant
K^'s^' 2200- or refuse the prayer thereof, as to him shall appear proper,
ercise
tion
1814
§ 1.
v., 718, j^g^^jj^g. ^ ^^yg regard to the true interest of the petitioner.
Duty of Clerk; ^®^" 2701. Whenever the prayer of such petition shall be
re°''^feSdedj granted, it shall be the duty of the Clerk of said Court to enter
changes. "^™^ ^^^ Same ou the minutes, of the Court, and to file the original
G. s. 2069- petition, with the fiat of the Judge, among the papers of his
?8 7 6^' x'vi.'o^c^j ^^d to deliver to the petitioner a true copy of said pe-
164; lb. tition, together with a copy of the Judge's order thereon, prop-
erly certified, and under the seal of said Court; for which the
said Clerk shall be entitled to and receive from the petitioner
the sum of five dollars and no more.
Sec. 2702. In all cases the persons so changing his or her
name may sue and be sued, plead and be impleaded, by his or
R. s I202; her new name, and no other. In all cases where an action or
1814, v., 719, actions shall be pending at the time of such alteration of names,
the same shall not abate by the party's name being changed,
but the record on motion shall be amended by expunging the
old name, and inserting the new name of the party.
Effect on old ^^^' 2703. In all cases, where the party changing his or her
obligations. name is bound by obligation or otherwise, the effect of which
R s'2^03-^*'7l' ^^^^^^^^^'^ would extend to and impose any obligations on the
heirs, executors, or administrators, of the person so having
changed his name, the said heirs shall be and remain bound, to
To sue, &c.,
by new name;
old suits.
OF SOUTH CAROLINA.
all intents and purposes, in the same manner and to the same
extent as if the party had not changed his or her name.
Sec. 2704. Any person or persons who may desire to adopt g/'^hfiVren
any child or children in this State, and confer upon such child or l^^^"^ |c.,hoi
children so adopted the right to inherit as the lawful child of the ^^^''^^^- .
said person or persons, whether it be desired to change the nameigg^; xxi!^79;
of such child or children or not, shall be authorized to file hisfgg'.-^i^oo;
or their petition in the Court of Common Pleas for the County ^^m- ^^a.
in which he, she or they may reside ; and, thereupon, the Court,
upon an examination into the merits of the said petition, either
in open Court or upon reference, shall be authorized to grant
the prayer thereof, upon such terms as may to the Court seem
proper ; and, thereupon, the name of the said child or children
shall be changed, if so provided in the decree of said Court, and
such child or children shall be entitled to inherit from the said
petitioner or petitioners as his, her or their lawful child or
children : Provided, That before any hearing shall be had on
said petition, the child or children so sought to be adopted,
and whose name or names are sought to be changed, shall
be served with a copy of said petition, and guardian ad
litem for such child or children shall be appointed as in other
civil actions : Provided, further, That whenever the child or when child
.... , , . , , . - , an inmate of
children, whose adoption may be desired by any person or per- orphan house,
sons, in accordance with the foregoing provisions of this Sec-
tion, is or are an inmate or inmates of any orphan house within
this State, then the petition for the adoption of such child or
children hereinbefore required may be filed, and all other pro-
ceedings in reference thereto had in the Court of Common Pleas
for the County in which such orphan house is situated, with
like force and effect in every respect as if such petition had
been filed and such proceedings had in the Court of Common
Pleas for the County in which the petitioner or petitioners
Provisions as
may reside : Provided, That no person in this State shall adopt to adoption of
... . ^illegi timate
an illegitimate child unless the father and mother of such child, children,
if both were unmarried at the time of its birth, could have law-
fully contracted matrimony under the Constitution and laws of
this State, nor when the person seeking to adopt an illegitimate
child has, at the time of filing the petition, either a lawful wife
or child, unless the wife is the mother of such illegitimate
child : Provided, further. That no person who adopts any ille-
gitimate child shall give to such child, by deed, will or other-
wise, any greater portion of his estate than is now allowed by
CIVIL CODE
law, unless such person has no lawful wife or issue living at the
time of his death; nor shall such illegitimate child inherit, in
case of intestacy, from the adopted parent any greater portion
of his estate than may be given to such child by deed or will,
when such intestate leaves a widow or lawful issue surviving
him.
Article i.
Article 2.
CHAPTER LXXXV.
Masters, Apprentices and Laborers.
Master and Apprentice.
Protection of Laborers.
ARTICLE I.
Master and Apprentice.
Sec.
2705. Persons may take and teach
apprentices.
2706. Infant apprentices, how
bound ; duty of Magistrates ;
who to approve.
2707. Assignment of indentures to
be certified by Magistrate ;
rights and liabilities of as-
signees.
2708. Executor or administrator of
master may retain appren-
tice, or may assign inden-
ture : proviso.
2709. Indenture valid to executor,
&c., retaining, or to assign.
2710. Clerk of Board of Commis-
sioners of Charleston Or-
Sec.
phan House vested with
powers of Magistrates under
this Article ; proviso.
2711. Indentures of inmates of
Charleston Orphan House
under authority of Board
valid without certificate of
Magistrates, &c.
2712. Apprentices, though under
age, bound to serve for the
stipulated period.
2713. Males not bound to serve
after 21, nor females after
18.
2714. Two Magistrates have juris-
diction in matters of com-
plaint.
Section 2705. It shall and may be lawful to and for any per-
Persons may
take and teach
one or more gon or pcrsons withiu this State to take one or more apprentice
apprentices. ^ ^^
^^or apprentices, indented according: to the directions of this
G. S.
R. S.
3740, III
§ 3.
2|^; Chapter, and to teach such apprentice or apprentices the lawful
business, art, trade, and mystery specified in the indenture or in-
dentures of such apprentice or apprentices, during the time
therein limited, and to retain and keep in his or their service
such apprentice or apprentices until the expiration of the said
time, or until such apprentice or apprentices shall be lawfully
discharged.
OF SOUTH CAROLINA. 1039
A. D. 1902.
Sec. 2706. It shall be the duty of any Magistrate to whom ^"'''■^'' '
application is made by a person desiring to become the master ^^^^^^^^^ ^l^
or mistress of any infant to be bound to service by indenture ^'^"5'^' ^^ ^^'^j.^^
according to law, to certify under his hand and seal upon such ^°'^-
indenture, the presence and approbation of the father, mother, ^'^- ^- |^:
or guardian of such infant, at the time it was executed ; and, flf. i^o,'iil|
in case such infant so to be apprenticed shall have neither ^^' § ^•
father, mother, nor guardian, to approve such indenture, then
the presence and approbation of the grandfather, grandmother,
or brother, sister, uncle, or aunt, of mature age, or of his own
approval of such indenture, to be certified thereon, each in the
order herein established and enumerated, and in like manner
shall certify the approval of such persons as above designated,
which indenture or indentures, so executed and certified as
aforesaid, shall be good and effectual, to all intents and pur-
poses, as if such apprentice had been of full age, and by inden-
ture of covenant had bound him or herself; or otherwise shall
be void and of none effect.
Welborn v. Little, i N. & McC, 263; Austin v. McClany, 5 Strob., 104; An-
derson V. Young, 54 S. C, 388; 32 S. E., 448.
Sec. 2707. In the same manner, any Magistrate shall certify Assignment
. of indentures
the assent of the same parties, in like order, to the assignment to be certified
. . , by Magistrates
and transfer of such indenture for sufficient cause, by the mas — - — •
' -^ . G. S. 2074;
ter or mistress, to any person exercising the employment speci- R- s. 2207;
fied therein, which said indenture so assigned shall be valid and§ 2o;i740, iii.,
. ... . . 545, § 4.
effectual to the assignee, as to the time remaining unexpired,
as if the said apprentice had been originally indented to such as-
signee; and the said assignee, on accepting such assignment,
shall be equally bound to the said apprentice, according to the
tenor of the said indenture, as the original master or mistress
was.
Sec. 2708. The time of service of any apprentices who are. Executor or
,,,,.,1 ,. . ,. administrator
or shall be, mdented to serve their masters, mistresses, their may retain &c.,
executors or assigns, in this State, remaining unexpired at the denture.
time of the death of any of the masters or mistresses of such g. s. 2075;
apprentices, and not before assigned in manner aforesaid, shall is'sg, xi., 32^
, , , , 1 • 1 1 1 r- 1 § 25; 1740, III,
be deemed and taken as assets m the hands of the executors or 545, § 5.
administrators of any such masters or mistresses, and it shall
and may be lawful to and for such executors or administrators
to retain any such apprentices in their own service during the
remainder of such time : Provided, The executor or administra-
tor so retaining such apprentice does, at the time of such re-
CIVIL CODE
tainer, carry on and exercise (by himself or some other person
in his employ), within the same County where the testator
lived, the same employment, calling, art, mystery, or trade, to
which the said apprentice was bound by his indenture; or
otherwise, if the executors or administrators of such deceased
person think fit, it shall be lawful for them to assign and trans-
fer such indenture and the time therein unexpired, with the con-
sent of the same persons, in like order, and in the same manner,
certified by a ^Magistrate, to any other person carrying on and
exercising within this State the same employment, calling, and
mystery, or trade specified in the said indenture,
vaiid^to^execu^ ^^^- 2709. Such indenture, so retained or assigned, shall be
or^to^'assi^'ee' ^'^^^^ ^^^ effectual to the executor or administrator so retain-
~~^ ^ 2&76l^^?.' ^^*^ ^° ^^^^ assignee as to the time remaining unexpired,
^9 ^xj '-^2' as if the said apprentice had been originally indented to such
^ ^^- executor, administrator, or assignee ; and the said executor, ad-
ministrator, and assignee, on retaining such apprentice, or ac-
cepting such assignment, shall be equally bound to the said ap-
prentice, according to the tenor of the indenture, as the original
master or mistress was.
Board of gcc. 2710. The clerk of the Board of Commissioners of
Commissioners
of the Charles- the Charleston Orphan House for the time being be, and he
ton Orphan ^ .
House. hereby is, vested with all the powers conferred upon ]\Iagis-
G. s. 2075a; Urates bv the three Sections of these Statutes immediatelv pre-
145^' '^^'''^^■^■' ceding in relation to the execution, certifying, transfer and as-
signment of indentures of minors when received into or bound
out from the Charleston Orphan House ; and all indentures or
renewals of indentures heretofore made or hereafter to be made
before the clerk of the said Board of Commissioners in relation
to any minor received into or bound out from the Charleston
Orphan House shall be, to all intents, as valid, effectual and
binding as if the same had been made before a ^Magistrate :
Proviso. Provided, That the said clerk of the Board of Commissioners
aforesaid shall have been regularly appointed a Xotary Public
by the Governor of the State and duly commissioned as such.
Indentures of Sec. 2711. Auv indenture of apprenticeship or anv assign-
apprenticeship _ - '■ '■ '- ' .
hy Commis-ment of auv indenture of apprenticeship made or hereafter to
sioners of the ' jtjt 1
Charleston Or- be made under the authoritv of the Board of Commissioners of
phan House
and assign- the Charleston Orphan House of anv child inmate of said insti-
ments thereof ,
valid . without tution shall be effectual and valid, to all intents and purposes.
-Magi strate s _ j. j.
certificate. as if the Same were made by the parent of such child ; and such
R. S. 2211;
lb.
OF SOUTH CAROLINA.
indentures and assignment of indentures do not and shall not
require the certificate of any Magistrate.
Sec. 2712. Any person that shall be bound by indenture to Apprentices
-' -^ _ "^ to serve pen-
serye as an apprentice within this State, in any lawful employ- od mentioned.
ment, calling, art, mystery, or trade, although such apprentice ^^ G. ^s. 2077;
shall haye been within the age of twenty-one years at the timei-'^o. i^t., 544,
of making such indenture, shall be bound to serye for the num-
ber of years in such indenture contained, as fully and effect-
ually, to every intent, as if the said apprentice had been of full
age at the time of making such indenture, and shall be bound,
accepted, and taken as an apprentice accordingly : Provided,
always, That such apprentice shall be indented in the manner
and according to the directions of this Chapter.
See. 2713. Nothing in this Chapter contained shall extend Males not to
° . serve after 21;
to oblige any male apprentice to serye after he shall haye at- females after
tained the age of one and twenty years, or a female after she— — :^ —
shall haye attained the age of eighteen years. R- s. 2213; ib.
Sec. 2714. On complaint made by an apprentice, charging Two Magis-
^ . -'. ^^ & o trates to have
his or her master or mistress with misuse, or by the master or jurisdiction in
^ complaints.
mistress against such apprentice, before any two Magistrates — - —
of the County, setting forth the cause of such complaint, it shall R- s. 2214;
be the duty of such Magistrates to make such order between the | 25; 1740, iii,
° . . 5*5, § 6.
parties as the equity and justice of the case may require, sub-
ject, nevertheless, to the right of either party to appeal from
such order to the Court of Common Pleas for the County at
the next ensuing term.
This Section is not unconstitutional in that it denies right of trial by jury. —
Belcher v. Commissioners, 2 McC, 23. Appeal lies, it seems, from the judg-
ment of the Court of Common Pleas on such appeal. — Carmand v. Wall, i
Bail., 209.
ARTICLE II.
Protection of Laborers.
Sec.
2715. Contracts between owners of
land and laborers ; how to
be witnessed ; when read
over and explained and
what set forth.
2716. Division of crops by disinter-
ested person or Magistrate ;
proceedings ; fees, &c.
Sec.
2717. Laborers to be paid in lawful
money unless otherwise
stipulated.
2718. Discharged employe's wages ;
when due.
2719. Certificate for wages due,
regulated.
2720. Penalty for violation of Sec-
tion 1720.
66.— C
CIVIL CODE
Section 2715. All contracts made between owners of land,
b€^read^to*par° ^^^^^ agcnts, administrators, or executors, and laborers, shall be
nelsed"'^ ^**'" witncsscd by one or more disinterested persons, and, at the re-
Q Q 2081; quest of either party, be duly executed before a Magistrate
^9, xivf 227; whose duty it shall be to read and explain the same to the par-
^ ^" ties. Such contracts shall clearly set forth the conditions upon
which the laborer or laborers engaged to work, embracing the
length of time, the amount of money to be paid, and when ; if it
be on shares of crops, what portion of the crop or crops.
Does not prevent common law contract. — Huff v. Watkins, i8 S. C, 512; State
V. Williams, 32 S. C, 123; 10 S. E., 876.
div^de§\y°dis^ Scc. 2716. Whenever labor is performed under contract on
sorfs^^^*^*^ ^" shares of crop or crops, such crop or crops shall be gathered
G. s. 2082; and divided off before it is removed from the place where it
1869, xiv,"228', was planted, harvested, or gathered. Such division to be made
* ^" by a disinterested person, when desired by either party to the
contract. And such disinterested party shall be chosen by and
with the consent of the contracting parties ; whenever the par-
ties fail to agree upon any disinterested party, or, if complaint
is made that the division has been unfairly made, within ten
days after such division, it shall be the duty of the Magistrate
residing nearest the place where such crop or crops are planted,
harvested, or gathered, to cause, under his immediate super-
vision, such equitable division as may be stipulated in the con-
tract. Such disinterested party or Magistrate shall receive
reasonable compensation for such service, to be paid by both of
the contracting parties, according to their several interests, ex-
cept in cases of an attempt to wilfully defraud the other by one
of the contracting parties ; and then such compensation shall be
paid by the party so attempting to defraud the other. When
* such division has been made, each party shall be free to dis-
pose of their several portions as to him or her or them may seem
fitting : Provided, That if either party be in debt to the other
for any obligation incurred under contract, the amount of said
indebtedness may be then and there settled and paid by such
portion of the share or shares of the party so indebted as may
be agreed upon by the parties themselves, or set apart by the
Magistrate, or any party chosen to divide said crop or crops.
Laborers not entitled to such lien, unless contract is in writing. — Hair v. Blease,
8 S. C, 63. Laborer cannot bind share by lien for advances. — Carpenter v. Strick-
land, 20 S. C, 1 ; Richey v. DuPre, 20 S. C, 6. For provisions as to laborer's lien
on crop, see Sec. 3058, post.
OF SOUTH CAROLINA. 1043
A. D. 1902.
Sec. 2717. Unless otherwise provided by special contract, ^-«»-v-*^
all persons who employ laborers upon plantations or elsewhere j,g paid "in^ia^"
by the day, week, month or year shall pay such laborers or em- f^Jg ™othe^wse
ployes in lawful money. stipulated.
Sec. 2718. When any corporation carrying on any business in ^ ^-g^" 2218
this State in which laborers are employed, whose wages, under ^^g' xvi/^7
the business rules or custom of such corporation, are paid ^^^^' ■^^•' ^^^'
monthly on a fixed day beyond the end of the month in which lab^rers'^^^J^be
the labor is performed, shall discharge any such laborer, the^^^ ^f ^^l
wages which have been earned by such discharged laborer shall porldons^ '^°'^'
become immediately due and payable. 1899, xxiii.
Sec. 2719. It shall not be lawful for any corporation, person ^^*
or firm in this State to issue, pay out or circulate for payment of for^wages*due^
the wages of labor, any order, check, memorandum, token or ^(fg^ption'^cff'.
evidence of indebtedness, payable in whole or in part otherwise "1901, xxiii.,
than in lawful money of the United States, unless the same is ^^"
negotiable and redeemable at its face value, without discount,
in cash or in goods, wares or merchandise or supplies, at the
option of the holder, at the store or other place of business of
such firm, person or corporation, or at the store of any other
person on whom such paper may be drawn, where goods, wares
or merchandise are kept for sale, sold or exchanged, and the
person who, or corporation, firm or company which may issue
any such order, check, memorandum, token or other evidence
of indebtedness, shall, upon presentation and demand, within
thirty days from date of delivery thereof, redeem the same
in goods, wares, merchandise or supplies at the current cash
market price for like goods, wares, merchandise or supplies, or
in lawful money of the United States, as may be demanded by
the holder of any such order, memorandum, token or other evi-
dence of indebtedness : Provided, That if said corporation, per-
son or firm engaged as specified in this Section have a regular .
pay day once in every thirty days, then said corporation, person vision as to
or firm shall not be required to redeem such token or evidence i « s , re guiar
•^ pay days.
of indebtedness in cash until the first pay day after the same
becomes payable, as herein provided, and such token or evidence
of indebtedness shall be presented for payment in cash only on
such pay days : Provided, That the provisions of this Section
shall not apply to agricultural contracts or advances made for
agricultural purposes.
Sec. 2720. Any officer or agent of any corporation or any ^.^jj^sn^uiturai
person, firm or company engaged in the business of manu- *=^p*^**-
CIVIL CODE
facturing or mining in this State, who by themselves or agent
shall issue or circulate in payment for wages of labor any order,
check, memorandum, token or evidence of indebtedness, payable
vioiation'^^/°§ ^^ wholc or in part otherwise than in lawful money of the
^^ United States, without being negotiable and payable at the op-
^^- tion of the holder in goods, wares, merchandise, supplies or
lawful money of the United States, as required by Section
2719 or who shall fail to redeem the same when presented for
payment within thirty days from date or delivery thereof, by
the said company or its agent, at his or their office or place of
business, in lawful money of the United States, or who shall
compel or attempt to coerce any employe of any such corpora-
tion, shall forfeit to the employe fifty dollars to be recovered
in any Court of competent jurisdiction.
PART III.
OF COURTS AND JUDICIAL OFFICERS, AND PRO-
CEEDINGS IN CIVIL CASES.
TITLE I.
OF COURTS AND JUDICIAL OFFICERS.
Chapter
LXXXVI.
Chapter
LXXXVII.
Chapter LXXXVIII.
Chapter
LXXXIX
Chapter
XC
Chapter
XCI
Chapter
XCII
The Supreme Court and its Officers.
Circuit Courts and Judges.
County Courts.
The City Court of Charleston.
Court for the Arbitration of Mercantile
Disputes in the City of Charleston.
Attorneys, Solicitors and Counsellors.
Special Provisions Respecting Courts
and the Administration of Justice
and Certain Rights and Remedies.
CHAPTER LXXXVI.
Of the Supreme Court and Its Officers.
Sec.
2721. Justices ; quorum ; adjourn-
ments.
2722. When Justices shall qualify,
&e.
2723. Records.
2724. To appoint Messenger, Libra-
rian and other subordinates.
2725. Clerk of, appointment, fees
and salary.
2726. Reporter ; appointment, du-
ties, salary.
Sec.
2727. Salaries of Justices.
2728. Vacancies in, how filled.
2729. When Justices are disquali-
fied, &c.
2730. Roster and assignment of
Circuit Judges.
2731. Sheriffs to serve and execute
process.
2732. Distribution of reports.
1046 CIVIL CODE
A. D. 1902.
"-^"v-*-^ Section 2721. The Supreme Court shall consist of a Chief
M^e mTers "of Ji^stice and three Associate Justices, who shall be elected by a
Term of office. JQ^^t viva vocc vote of the General Assembly for the term of
— Const Art. eight ycars, and shall continue in ofhce until their successors are
XXII \ ■^^^^' elected and qualified, and shall be so classified that one of them
shall go out of office every two years. Any three of the Justices
shall constitute a quorum. It shall be the duty of all the Jus-
tices to be present, and the Chief Justice shall preside. In the
absence of the Chief Justice the Justice oldest in commission
shall preside.
Court may jf a,t anv Stated term of the Court a quorum thereof shall
adjourn if a -^ '■
quorum is not j^q|- attend ou the first day of the term, the Justice or Justices
present. -' ' ./ ^
— attending shall have the authority to adjourn the Court from
day to day for ten days after the time appointed for the com-
mencement of the said term unless a quorum shall sooner at-
tend ; or unless a sufficient number of men learned in the law
commissioned by the Governor as provided in Section 2729 to
make a quorum shall sooner attend ; and the business of the
Court shall not in such case be continued over the next stated
term thereof until the expiration of said ten days.
A Judge elected to fill vacancy holds only for the unexpired term. — Simpson
V. Williard, 14 S. C, 191.
^^Qualification ^^^ 2722. The Justices of the Supreme Court shall qualify
Q s_ 2090; within twelve months after the date of their election by taking
R. s. 2222; lb. ^^^ Constitutional oath or the office shall be declared vacant by
the Governor. The oath shall be administered by a Justice of
said Court or by a Circuit Judge.
A Court of Sec. 2723. The Supreme Court shall be a Court of record,
'■ and the records thereof shall at all times be subject to the in-
G. S. 2091; . . , . . r 1 o 1 • 1
2223; lb. spcctiou of the citizcus of the state or other persons interested.
The records shall be kept in the manner prescribed by the Jus-
tices of the Court.
Messenger Scc. 2724. The Supreme Court shall appoint a Messenger of
and Librarian. ^ _ ^ ^ .
How appointed the Court, a Librarian, who shall be in charge of the Library
G. s. 2094; of the Court, and an Attendant, to hold for the term of four
R. S. 2226; lb. ' '
years, and subject to removal by the Court, and shall prescribe
the duties of the officers so appointed. The Messenger shall
receive an annual salary of two hundred dollars and the
Librarian a salary of eight hundred dollars per annum. The
Attendant shall receive a salary of two hundred dollars.
Sec. 2725. The Supreme Court shall also appoint a Clerk,
who shall hold his office for four years, and who shall have the
OF SOUTH CAROLINA.
custody and keeping of its records, and shall furnish certified
copies thereof to persons desiring the same, upon the payment ^.J^J^ ^^j' ° ^;
of the fees prescribed by law. And he shall receive a fee of ^^y °^ ^lerk.
fifty cents for each remittitur in civil cases, to be taxed as g g^'g .^' q^^s"
their costs and disbursements, and a similar fee for each cer-^^o^'^m; ib.
tificate. His salary shall be eight hundred dollars per annum,
to be paid out of the State Treasury, on the warrant of the
Comptroller General.
Sec. 2726. The Supreme Court shall appoint a reporter for ^^^ ^|P°^*j^^^g^°
the term of four years, who shall take the constitutional oath ^'^y]^^ ^^^ ^^^'
before any one of the Justices or the Clerk of the Supreme q g 2102-
Court. It shall be the duty of the Justices of the Supreme 2237.^241^' 1901'
Court to deliver to the Reporter full notes of all decisions made f^^^ ^ ^ ^•' ^^
by them which they shall deem of sufficient importance to pub-
lish. The Reporter shall faithfully prepare all such decisions
for publication ; and whenever, in the opinion of the Court, it
shall be necessary for a proper understanding of the decision,
he shall report therewith a brief statement of the case and argu-
ments. It shall be his duty, in addition to the report of the :
cases where he may be instructed to prepare under the order
of the Court, to append the titles of all other cases decided by
the Court during the period covered by each volume prepared
by him, stating in a short note the principle or principles de-
cided in each case, and also adding a list of all cases cited by
the Court in its decisions, as well as what cases previously de-
cided have been overruled, modified or confirmed, and what
Statutes have been construed by said Court during said period.
He shall also append to each volume an alphabetical list of all
cases reported, and an alphabetical list of all cases cited, criti-
cised, affirmed, overruled or modified, and a full and complete
index to the contents of the volume. There shall be appointed
at the session of the General Assembly in 1901, and every two
years thereafter, a committee of three, to be composed of one
member of the Senate, to be appointed by the President of the ■;
Senate, and two members of the House, to be appointed by the
Speaker of the House, to serve for two years, whose duty it
shall be to procure and contract for a period of two years with
a competent publisher for the publication and disposition, ac-
cording to the contract, of the advanced sheets of decided
cases, and of the Supreme Court Reports in volumes of not
less than six hundred pages ; the contract to fully stipulate style
of binding, type, paper, number of volumes of each edition, and
CIVIL CODE
the method and manner of disposition of the same ; which com-
mittee shall report to both Houses at each session. And the
Reporter shall carefully, properly and promptly prepare and
deliver to the publisher the copy or manuscript for the ad-
vanced sheets of all decided cases, as the decisions are filed,
and for each volume of the Reports as often as the decisions
of said Court shall be sufficient to constitute a volume of not
less than six hundred pages ; he shall receive a salary of thir-
teen hundred dollars per annum, payable upon the warrant
of the Comptroller General.
juftfcL^"" °^ Sec. 2727. The Chief Justice hereafter to be elected shall
G. s. 2088; rsccive an annual salary of twenty-eight hundred and fifty
R. s. 2220; lb. (joJiars, and the Associate Justices hereafter to be elected
shall each receive an annual salary of twenty-eight hundred
and fifty dollars ; they shall not be allowed any fees or per-
quisites of office, nor shall they hold any other office of trust
or profit under the State, the United States or any other
power,
how liieT"^^' Sec. 2728. All vacancies in the Supreme Court shall be filled
Yfy' by elections as herein prescribed : Provided, That if the unex-
pired term does not exceed one year such vacancy may be filled
by Executive appointment, but when a vacancy is so filled by
either appointment or election the incumbent shall hold only
for the unexpired term of his predecessor.
qualTfied in Scc. 2729. No Justicc shall preside in any case, or at the
certain cases. Y^^^j-^^g thereof, in which he may be interested, or when either
v., e'^and 12; of the parties shall be connected with him by affinity or con-
ib. ' '' ' sanguinity within the sixth degree, or in which he may have
been counsel, or has presided in any inferior Court. In case
all or any of the Justices of the Supreme Court shall be thus
disqualified, or be otherwise prevented from presiding in any
cause or causes, the Court, or the Justices thereof, shall certify
the same to the Governor of the State, and he shall imme-
piaces to bediately commission specially the requisite number of men
fiUed.^ How! ^learned in the law for the trial and determination thereof.
When such appointments are made by the Governor, the actual
traveling expenses of such person, and his actual expenses
while so sitting, shall be paid by the Governor out of his civil
contingent fund, on an itemized statement of such expenses
certified by the person so appointed and serving.
Sections 13 to 20, and 23 and 24, of the Act of 1896, XXII., 3, for the organiza-
tion of the Supreme Court, referring to its jurisdiction and the procedure therein,
are transferred to Sections 11 to 14 of the Code of Civil Procedure, which see.
OF SOUTH CAROLINA. 1049
A. D. 1902.
Sec. 2730. Between the first and fifteenth days of December •— ^y-^-'
in each year the Chief Justice, or in his absence or inability to ^.Ro.ster of
-' . Circuit Judges
attend, the senior Associate Justice, shall form a roster of the a"<i assign-
' ... ment of made.
Circuit Judges of the several Circuits in order to arrange a ^ow and by
•' ° ° whom.
regular and continuous assignment and interchange of Cir- — —
cuits among said Judges, and make an order assigning the^-
several Circuit Judges to hold the several Circuit Courts in
all of the Circuits of the State for the whole of the succeeding
year in such order as will affect a continuous interchange of
Circuits according to said numerical series. Immediately
thereupon the Chief Justice, or, in his absence or inability to
act, the senior Associate Justice, shall direct the Clerk of the
Supreme Court to furnish each of the Circuit Judges, as well
as the Chief Justice and senior Associate Justice, with a cer-
tified copy of said order, which shall be sufficient notice to the
said Circuit Judges of their assignment aforesaid, and they
shall proceed to hold the Courts in the Circuits to which they
are respectively assigned at the times appointed by law for
the several Circuit Courts to be held, and the Clerk of the
Supreme Court shall also forthwith transmit a certified copy
of said order to the Clerk of every Circuit Court of the State.
As a compensation for the services thus required of the Clerk
of the Supreme Court, he shall be entitled to draw from the
State Treasurer, upon the warrant of the Comptroller General,
who is hereby directed to issue the same, the sum of ten dollars,
to be paid out of any money in the State Treasury not other-
wise appropriated.
Sec. 2731. The Supreme Court is empowered to require the May require
Sheriff of each and every County to whom any order or process fervl ^ p^ocess°
issuing from said Court may be directed to serve and execute ^!^
the same, and shall have the same power to enforce such ser- ^'''
vice and execution and to punish default thereon as is vested
in Circuit Courts in processes issuing therefrom. The Sheriff
and Clerk of each and every County, whenever required, shall
attend any hearing in any case by any of the Justices at the
court house in any of the Counties.
Sec. 2732. The State Librarian shall distribute the copies of Distribution
the Reports of the Decisions of the Supreme Court of South °^ ^^^"'^t
Carolina purchased by the State as follows: To the office ofR.^'s^' 2242
J. R. 1880
the Governor of the State, of the Attorney General of the State, xvii.,'
and of the Attorney General of the United States, one copy
each; to the Library of the Supreme Court of the United
533.
CIVIL CODE
States, the Congressional Library at Washington City, the
Library of the South CaroHna University, and the Charleston
Library Society, to the Clerk of the Circuit Court of the
United States for the District of South Carolina, one copy
each ; to the Library of the Supreme Court of this State, eight
copies ; to every State and Territory of the United States from
which this State receives two or more copies of each volume
of their law reports, two copies each ; and to every other State
and Territory of the United States, one copy each; and all
copies of South Carolina Reports, not heretofore disposed of
and not distributed under the provisions of this Section, shall
be retained in the State Library for the use of this State.
CHAPTER LXXXVII.
Circuit Courts and Judges.
Sec.
2733. To be always open for certain
purposes.
2734. Grant new trials ; contempts ;
rules, &c.
2735. May change venue in civil
and criminal cases ; proviso.
2736. Powers of Judges at Cham-
bers.
2737. Powers of Judges holding
Courts in other Circuits.
2738. To discharge all duties of of-
fice in their own Circuits ;
exception.
2739. Not to leave State without
permission.
2740. Salary of Judge.
2741. To be held amenable for neg-
lect of duty as to holding
terms, &c. ; proceedings to
be taken.
Sec.
2742.
2743.
2744.
2745.
2746.
2747.
2748.
2749.
Circuit Judges to notify Chief
Justice of inability or disa-
bility to hold Court.
Provision for inability, va-
cancy in office, &c., pending
assignment.
Special Courts ; how obtained.
How juries for are drawn and
summoned.
What business may be trans-
acted.
Salary of Special Judges.
Special Judge may appoint a
stenographer.
Compensation for stenogra-
pher.
To be ai- Section 2733. The Circuit Courts shall be deemed always
ways open for -^
certain pur- Qpg^, for the purposc of issuing and returning mesne and final
— ^~^~"^^ process and commissions, and for making and directing all
fhes' XIV ' iriterlocutory motions, orders rules and other proceedings what-
136, § 2. ever, preparatory to the hearing of all causes pending therein
upon their merits ; and it shall be competent for any Judge of
the said Courts, upon reasonable notice to the parties, in the
Clerk's office or at chambers, and in vacation as well as in term,
to make, direct, and award, all such process, commissions, and
interlocutory orders, rules, and other proceedings, whenever
OF SOUTH CAROLINA. 1051
A. D. 1902.
the same are not grantable of course, according to the rules ' i '
and practice of the Court.
Order allowing supplemental complaint may be granted at chambers. — Edwards
V. Edwards, 14 S. C, 11. And order amending complaint. — Ellen v. Ellen,
26 S. C, 99; I S. E., 413. Attachment may be dissolved at chambers. — Cureton
V. Darby, 12 S. C, 125. Judge may vacate warrant of seizure under agricultural
lien at chambers. — Segler v. Coward, 24 S. C, 122. But not after defendant
has elected his remedy given him by the Statute and the issues are made up
and referred to the Master. — Garlington v. Gilliam, 31 S. C, 333; 9 S. E., 1037".
Judge has no power to vacate judgment as erroneous at chambers. — Clawson v.
Hutchison, 14 S. C, 517; Coleman v. Keels, 30 S. C, 614; 9 S. E., 270. Order
of Judge directing, on appeal, the County Commissioners to audit a claim, made
out of Court and without notice, is invalid. — In re Conant, 24 S. C, 362. Judge
cannot grant perpetual injunction at chambers against consent of party. —
Hornesby v. Burdell, 9 S. C, 303.
Sec. 2734. Circuit Courts shall have power to grant new ^^^^^ay. grant
trials in cases where there has been a trial by jury for reasons ^uies.
for which new trials have usually been granted in the Courts 2 2 4^5.^^16^1',
of law of this State ; and they shall have power to administer ^iv., ise, § 2.
all necessary oaths or affirmations, and punish, by fine or im-
prisonment, at the discretion of said Courts, all contempts of
authority in any cause or hearing before the same, and to
make and establish all necessary rules for the orderly con-
ducting of business in said Courts : Provided, Such rules are
not repugnant to the laws of the State or the rules pre-
scribed by the Justices of the Supreme Court and Circuit
Judges.
To be liberally construed as to granting new trials. — Elmore v. Scurry, i S.
C, 139. No time prescribed to move therefor. — Sams v. Hoover, 33 S. C, 401;
12 S. E., 8. Error in amount of verdict should be corrected by new trial. —
Wilson v. R. R., 16 S. C, 592; Levi v. Legg, 23 S. C, 282. New trial is the
remedy where there is variance between the testimony and material allegation of
the indictment. — State v. Hamilton, 17 S. C, 462. New trial should be granted
when the jury disregard the Judge's charge. — Dent v. Bryce, 16 S. C, 14; Thomp-
son V. Lee, 19 S. C, 489. Judge's conclusion as to new trial, when founded on
the facts at trial, is iinal. — Brickman v. R. R., 8 S. C, 173; Steele v. R. R., 11
S. C, 589; Warren v. Lagrone, 12 S. C, 45; Steele v. R. R. 14 S. C, 324; Wood
v. R. R., 19 S. C, 579; Lanier v. Tolleson, 20 S. C, 56; Blakely v. Frazier, 20
S. C, 144; Finch v. Finch, 21 S. C, 342; Hyrne v. Erwin, 23 S. C, 226; State
V. Tarrant, 24 S. C, 593; Wright v. C. & W. C. Ry. Co., S9 S. C, 268; McGee v.
Wells, 57 S. C, 289; 35 S. E., 532. But not when founded on error of law. —
State V. David, 14 S. C, 428; Wood v. R. R., 19 S. C, 579- Judge has discretionary
power to grant new trial on after-discovered testimony. — State v. David, 14 S. C,
428; Tarrant v. Gilletson, 14 S. C, 620; State v. Workman, 15 S. C, 540;
Durant v. Philpot, 16 S. C, 116; Waring v. R. R., 16 S. C, 416; Sams v.
Hoover, 33 S. C, 401. In suits in equity as well as in actions at law. — Durant
V. Philpot, 16 S. C, 116; Covington v. Covington, 47 S. C, 263; 25 S. E., 193.
Misconduct of jurors as ground for. — Watts v. S. B. R. R. Co., 60 S. C, 6y;
38 S. E., 240; Pulaski v. Ward, 2 Rich., 122; McCarty v. McCarty, 4 Rich.,
598; Lott v. Mason, 2 Strob., 183; State v. Senn, 32 S. C, 392; 11 S. E., 296;
State V. Way, 38 S. C, 333; 17 S. E., 35; State v. Nance, 25 S. C, 172. New
trial, nisi, for excessive verdict. — Stuckey v. A. C. L. Ry. Co., 57 S. C, 395 ;
35 S. E., 550. Circuit Court has no power to grant new trials, except in cases
tried by a jury. — Meetze v. R. R., 23 S. C, i. Judge cannot grant at chambers. —
State y. Chavis, 34 S. C, 132; 13 S. E., 317; Bank v. Mellett, 44 S. C, 383;
I052 CIVIL CODE
A. D. 1902.
' -^ y 11 < 22. S. E., 444; Donly v. Fort, 42 S. C, 200; 20 S. E., 51. As to punishment for
contempt. — Gibson v. Gibson, 7 S. C, 356.
venue^'^when ^®^" ^'^35. The Circuit Courts shall have power to change
and how made. ^^ yenue in all cascs, civil and criminal, pending therein, and
R ^"s^' 2246- ^^^^ which said Courts have original jurisdiction, by ordering
iI^^stoWv'^^^ record to be removed to another County in the same Cir-
ProcS'ifre^m ^^^^- '^^'^ application for removal must be made to the Judge
1- ^- sitting in regular term by some party interested, or by the
Solicitor of the Circuit, or accused, supported by affidavit
that a fair and impartial trial cannot be had in the County
where such action or prosecution was commenced. The State
shall have the same right to make application for a change
of venue that a defendant has in cases of murder, arson,
rape, burglary, perjury, forgery or grand larceny: Provided,
No change of venue shall be granted in such cases until a true
bill has been found by a grand jury. Ten days' notice of such
application in civil and criminal cases shall be given to the
adverse party, and if a change is ordered it shall be to a County
in the same Judicial Circuit.
This power is discretionary. — Taylor v. Williamson, McM. Eq., 348; State v.
Coleman, 8 S. C., 237; McFail v. Barnwell County, 54 S. C, 368; 32 S. E.,
417. But its exercise may sometimes be reviewed. — Gower v. Thomson, 6
S. C, 313; Parker v. Grimes, 9 S. C, 284; Blakely v. Frazier, 11 S. C,
122; Carroll v. C. & S. R. R. Co., 61 S. C, 251; 39 S. E., 364. It can
only be exercised for cause shown. — Taylor v. Williamson, McM. Eq., 348; Blakely
V. Frazier, 11 S. C, 122. In criminal case application for removal should be
made after issue joined. — State v. Addison, 2 S. C, 356. The affidavits should
be strong. — State v. Williams, 2 McC, 383. Affidavits. — State v. Sullivan, 39
S. C, 400; 17 S. E., 865. Power exercised at chambers. — Utsey v. C. S. & N.
Ry. Co., 38 S. C, 399; 17 S. E., 141. Time of notice. — Willoughby v. N. E.
Ry. Co., 46 S. E., 317; 24 S. E., 308.
Powers of Scc. 2736. The Judges of the Court of Common Pleas shall
Circuit Judges •' °
at Chambers, havc powcr at chambers to grant writs of prohibition, man-
T, ^- o^- oH5' damus and certiorari, and to hear and determine motions to set
R. S. 2247; •*
1882' ^xvni ' ^^^"^^ "^^ s^^y executions in the same manner, in every respect,
^8; 1887 XIX., ^g if the Court were actually sitting; and with the consent of
xxiii' 30 ^ ^' ^ such adult parties as may have answered, or their attorneys,
in a cause, and of the guardian ad litem of infants therein, to
hear and determine any matter not properly triable before a
jury; and the parties, respectively, shall have the same right
of appeal as if the decision was made in open Court. They
may hear and determine actions for partition and foreclosure
suits, when not contested, either within or without the County
where the land in question lies, and may grant all writs and
processes in such actions at chambers, in like manner and with
the same effect as are now granted in term time, with the con-
OF SOUTH CAROLINA. 1053
A. D. 1902.
sent of all such adult parties as may have answered, or their ^—-v-^-'
attorneys, and of the guardians ad litem of infants therein.
May grant suit money and alimony pendente lite at chambers. — Smith v. Smith,
51 S. C, 379; 29 S. E., 227. Application for writ of mandamus cannot be heard
outside of circuit. — State ex rel. LaMotte v. Smith, 50 S. C, 558; 27 S. E.,
933. May authorize issuance of receiver's certificates. — State v. P. R. & A. Ry.
Co., 45 S. C, 413; 23 S. E., 362. As to limit of power in granting prohibition. —
State V. Stackhouse, 14 S. C, 417; State v. Columbia, 17 S. C, 80. As to
mandamus. — State v. R. R., 16 S. C, 524. As to certiorari. — State v. Black, 34
S. C, 194; 13 S. E., 361. As to executions. — Duncan v. Brown, 15 S. C, 414;
Wolfe V. R. R., 25 S. C, 379; Crocker v. Allen, 34 S. C, 4S2; 13 S. E., 650.
Without consent. Judge cannot so determine an action. — Hornesby v. Burdell,
9 S. C, 303. Such power in cases of partition and foreclosure prior to the
amendment of the statute could only be exercised by the Judge while in the
County where the land lies. — Woodward v. Elliott, 26 S. C, 368; i S. E., 413;
Kaminsky v. Trantham, 45 S. C, 8; 22 S. E., 746. Judgment cannot be vacated
at chambers. — Bank v. Mellett, 44 S. C, 383; 22 S. E., 444; Turner v. Foreman,
47 S. C, 31; 24 S. E., 989. Nor can a judgment be rendered at chambers. — Bad-
ham v. Brabham, S4 S. C, 400; 32 S. E., 444.
Sec. 2737. Every Judge, while holding the Circuit Court for Po^ers^.of
any Circuit pursuant to the provisions of the law of this State, ^i.°a'rcuits°*'^'
shall be invested with powers equal to those of the Judge of — ^ — ^ — ^^
such Circuit, and may hear and determine all causes and rriO"^s7 8^'x v*i'
tions and grant all orders in open Court or at chambers which ^^^' § ^■
it is competent for the Judge residing in such Circuit to hear,
determine, or grant, any law, usage, or custom to the contrary
notwithstanding.
Non-resident Judge may make order at chambers requiring juries to be drawn,
while presiding in circuit. — State v. Powers, 59 S. C, 367; 37 S. E., 690. But
when specially assigned for a special term of Court can transact no other busi-
ness than that on the calendars. — Simms v. Phillips, 46 S. C, 149; 24 S. E., 97.
A Judge has no authority beyond his own Circuit except that conferred by
Statute. — Ex parte Parker, 6 S. C, 476. He may determine a cause heard by
him in one Circuit after he has entered upon the duties of another. — Chafee
V. Rainey, 21 S. C, 17.
Sec. 2738. Every Circuit Judge in this State shall at all times , To discharge
J •> '^ all duties on
have jurisdiction to discharge and perform all the duties of circuits.
his office within the Circuit wherein he resides, except the hold- G. s. m?;
ing of Circuit Courts therein when some other Circuit Judge ^^■' § 2.
shall be engaged in holding said Courts.
He cannot hear and determine at chambers in another Circuit on application
for writ of mandamus in a case arising within his own Circuit. — State ex rel.
LaMotte v. Smith, 50 S. C, 558; 27 S. E., 933. His signing an order of bail
outside of his Circuit for a prisoner of his Circuit does not show that he heard Cannot a b-
the application beyond his Circuit. — State v. Satterwhite, 20 S. C, 536. sent t h em -
selves from
Sec. 2739. No Circuit Judge shall absent himself from this state without
•^ '^ permission.
State without leave first granted in writing by the Chief Justice — ^ g g^g.
or presiding Associate Justice. i^s7 7^' x"vi'
Sec. 2740. The Circuit Judges shall each receive an annual 2^^' § *•
salary of three thousand dollars. ^^'^'"y-
As to interchange of Circuits, see Sec. 2730, ante. „ ^ S. 2120;
247 , 1893 ,
XXII., 417.
CIVIL CODE
Sec. 2741. If any. Circuit Judge shall fail or neglect to hold
am^nawl f^o r ^^^ term or terms of any Court of General Sessions or Com-
as^^to'^'^ holding "^o^ Plcas in any Circuit to which he may be assigned until
cledmgf *to^ b'e ^hc busincss of Said Courts shall have been disposed of, or the
^^^^'^- end of the term, or terms, arrives, or shall fail to recognize and
R %.^' 2255- ^bey the order of assignment of the Chief Justice or presiding
229'^ § '5 ■^^^ ' Associate Justice, or shall violate any provisions of this Chapter,
the Attorney General of the State shall, upon any reliable in-
formation of the same, by official communication, bring such
violations of this Chapter to the notice of the General Assembly
at its first session, and such Circuit Judge shall be held
amenable to proceedings for neglect of duty, as provided in
the Constitution.
S'^^otif^Chfef ^®^' 2742. It shall be the duty of each Circuit Judge, when
Justice of in- disabled by sickness or other cause to hold any Court to which
ability or dis- -' -^
a!urt *° ^°^^ ^^ ^^y ^^ assigned, to give, or cause to be given, prompt notice
— R s 2256- ^^ such inability or disability to the Chief Justice, so that his
1892, XXI., 4. place may be temporarily filled and the Court held according
to law.
p r o V ision Scc. 2743. Whenever any Circuit Judge, pending his assign-
unabie to hold mcut to hold the Courts of any Circuit, shall die, resign, be
'■ disabled by illness, or be absent from the State, or in case of
C S 2123 •
R. 's. ' 2254; a vacancv in the office of Circuit Judge of any Circuit, or in
1896, XXII, II , •'^, . , -, . .,.f .T-.',
case the Chief Justice or presiding Associate Justice of the
Supreme Court shall order a special Court of Common Pleas
when and how and General Sessions, or Common Pleas, or General Sessions,
created. . , . _, . ,. ...
m any County m this State, upon a satisfactory snowing that
such special Court is needed, the Chief Justice or presiding
Associate Justice may assign any other Circuit Judge disen-
gaged to hold the Courts of such Circuits, or to fill any ap-
pointment made necessary by such vacancy, or to hold such
special Court; and in the event that there be no other Circuit
Judge disengaged, then the Governor, upon the recommenda-
tion of the Supreme Court, or the Chief Justice thereof if the
Supreme Court be not in session, shall immediately commission
as special Judge such person learned in the law as shall be
recommended to hold Courts of such Circuit or to hold such
special Court for that term only. And any special Judge so
appointed shall receive as compensation for his services the
salary prescribed in Section 2747. Whenever the time
fixed for holding any of the Courts of General Sessions
or Common Pleas in this State should be found to be not
OF SOUTH CAROLINA.
sufficient for the trial of all cases before said Court, a like
assignment of a disengaged Circuit Judge or commission of
a special Judge may be made to hold the Court to which
the Judge then holding such overcrowded Court may have
been in due course next assigned, and the term of such over-
crowded Court shall proceed until the cases before it are dis-
posed of.
Sec. 2744. Upon the application to the Governor by the So- ^ Special
IT rr .1 Courts; now
licitor of any Circuit, stating that the public interest demands obtained.
an extra term of the Court of General Sessions in any County ^jsoo, xxiii,
of the State, or upon the application of the majority of the
members of the bar of any County, stating that the civil busi-
ness demands an extra term of the Court of Common Pleas,
it shall be the duty of the Governor to appoint some man,
learned in the law, and to be suggested by the Chief Justice
of the Supreme Court of the State, to hold an extra term of
said Court or Courts in said County, and notify the Clerk of
said Court of said appointment.
Sec. 2745. When notified of such appointment, the Clerk of ^^Ho^wjun^
the said Court shall notify the proper authorities, and the grand and summoned
jury shall be summoned to attend, if it be a Court of Sessions, ^^■
and a petit jury shall be drawn and summoned, if jury cases
are to be tried, in the regular manner, for the purposes of said
Court, and as the same^may be necessary, and the Clerk shall
notify said special Judge of the time fixed for holding said
special term of Court.
Sec. 2746. If a special term of the Court of General Sessions ^w ha t^bus^
only is ordered, after disposing of the sessions business, the transacted.
said Judge may also open the Court of Common Pleas for the ^^■
transaction of any business which the parties or their attorneys
may consent to be disposed of by him.
Sec. 2747. The said special Judge shall be allowed for his gplcM^juVe*
services ten dollars per day and his necessary expenses, and 7b^
the same per diem for not exceeding five days for the prepara-
tion of his decrees.
Sec. 2748. It shall be lawful for the presiding Judge at any nogTapher^ l^r
special term of the Circuit Court, where the official Stenog- ofurt^ may* be
rapher is performing the duties of his office at a Court then ^pp"'"^^ •
being held in some other County of the Circuit, to appoint a ^^^^' ^
Stenographer for said term of the Court, who shall perform
the duties of the office of Court Stenographer for said term
of Court.
CIVIL CODE
Sec. 2749. The Stenographer appointed under the provisions
. Compensa-Qf |-|^g foreg"oing Section shall receive the same compensation
lb.
■ as that allowed by law to the official Stenographer in pro-
portion to the time of service, to be paid out of the County-
treasury, upon the warrant of the Clerk of the Court, approved
by the presiding Judge, and also the usual fees for copies of
testimony and reports of Court proceedings, to be paid by
the parties ordering the same.
CHAPTER LXXXVIII.
County Courts.
Sec.
2750-1. When they may be estab-
lished. Election as to.
2752. Jurisdiction defined.
2753. Courts of record.
2754-55. Same pleading and practice
as in Circuit Courts.
2756. Appeals to Circuit Court.
2757. Peremptory challenges to ju-
rors in.
2758. Trial by juries in, regulations
as to.
2759. County Judge, election, term.
2760. County Judge, powers and
duties.
2761. Terms of Court.
2762. Grand jury.
2763. How jurors shall be drawn
and summoned.
2764. Duty of County Solicitor.
Sec.
2765. Clerk of Court.
2766. Sheriff.
2767. Bailiffs.
2768. Compensation jurors and wit-
nesses.
2769-70. Jurisdiction of Magistrates
where County Courts are
established.
2771. County Solicitor to be ap-
pointed.
2772. Further duties of.
2773. Salary of Judge and Solicitor.
2774. Judge and Solicitor prohibi-
ted practicing in certain
cases.
2775. Judge to appoint stenogra-
pher.
2776. Counties excepted from Chap-
ter.
Petition.
CountyCourts; Sectioii 2750. Whenever one-third of the qualified registered
be'^'estabLSfZ electors of any County in this State shall file a petition with
the Clerk of the Circuit Court of such County, praying for
an election to be held in such County on the question of the
Election. establishment of a County Court therein, it shall be the duty
1900, XXIII, of the said Clerk, within ten days, to make an order thereon,
and serve the same on the Commissioners of Election, re-
quiring the said Commissioners of Election of such County to
hold an election, after first giving at least thirty days' notice
thereof in the newspapers of such County, upon the question
of establishing a County Court in such County, not later than
sixty days nor earlier than forty days thereafter. Said petition
shall be accompanied by a certificate of the Board of Super-
visors of Registration that the names appearing upon said
petition constitute one-third of the qualified registered electors
OF SOUTH CAROLINA. 1057
■ A. D. 1902.
of such County : Provided, That an election on said question ^ v '
shall not be had in any County oftener than once in four years ;
that at such election the question of the establishment of such
County Court shall be submitted to the electors in this form :
"Shall a County Court be established for the County of
?"' inserting the name of the County in which the
electors voting are resident, and upon this question the electors
shall vote "Yes" or "No."
Sec. 2751. In the event a majority of the qualified electors tjj^/y^|S'^^^J
voting at such election in any one or more of the Counties pf Jurisdiction. ^
the State shall vote "Yes" upon such question, then such ^^•
County Court shall be, and hereby is, established in and for
each of the Counties in which a majority of the qualified elec-
tors so vote, with such jurisdiction and powers as is herein-
after provided.
Sec. 2752. The said County Court shall have jurisdiction to T°. \^y a"
■' •' criminal cases
try and determine all criminal cases, except cases for mur- except murder,
•^ ' ir manslaughter,
der, manslaughter, rape and attempt to rape, arson, common f^P^ ^ ^"^ ^*'
' a ' r- f f ' ' tempt to rape,
law burglary, bribery and perjury. The said Court shall ^^^^- f'^^^''^°^^°^
wise have jurisdiction to try and determine all civil cases and '^ "" .^ ^ ^""^ ^^'^
■> ■' perjury.
special proceedings, both at law and in equity, where the value j^ '
of the property in controversy of the amount claimed does not
exceed one thousand dollars, and shall likewise hear and deter-
mine all appeals taken from judgments rendered by Magis-
trates : Provided, That the County Court shall not have juris-
diction to try any action involving the title to real estate.
Sec. 2753. The said County Court shall be a Court of record, ^^^^t^ ]^\ ^^^^,
and the same presumption in favor of its jurisdiction and the^^i^:
validity of its judgments shall be indulged as in the case of ^^•
judgments rendered by the Circuit Court.
Sec. 2754. The same form of pleading and the same rules j^^;^i"|°|
of procedure, practice and evidence shall obtain in the said g^^ fj^^^ ^"^ j°
County Court as is provided by law for the conduct and trial '^""'^""^ Court.
of cases, civil and criminal, in the Circuit Courts : Provided, In ^^■
all criminal cases wherein the punishment does not exceed a
fine of one hundred dollars and imprisonment for thirty days,
the same shall be tried without presentment by a grand jury
on information filed by the County Solicitor.
Sec. 2755. All general laws and statutory provisions apply- a J^p^fyfng^'^o
ing generally to the Circuit Courts of this State and trials pf County CoSrts.
causes therein shall apply to the said County Court, and the ^^\
67.— C
1058 • CIVIL CODE
A. D. 1902.
^^■'-v"'"-' conduct and trial of causes therein, where not inconsistent with
any of the provisions of this Chapter.
juliiMs^oT ^^^- ^'^^^- '^he right of appeal shall exist from the judg-
Jl ment of the said County Court to the Circuit Court : Provided,
That on appeal to the Circuit Court the same shall be heard by
the presiding Judge without a jury, as in case of appeals from
Courts of Magistrates, and all of the rules, practice and pro-
cedure now governing appeals from the said Courts of Magis-
trates shall apply to appeals from the County Court to the
Circuit Court, and the Circuit Court shall have the same power
in passing upon and deciding the same as now possessed in
passing upon and deciding appeals from the Courts of Magis-
trates : Provided, further. That in all appeals taken from the
judgment of the County Court to the Circuit Court, the Sten-
ographer of the County Court shall make in writing a tran-
script of the testimony and other proceedings had in the cause
in the County Court, certified by the County Judge, and lodge
the same with the Clerk of the Circuit Court at least fifteen
days before the next term of the said Circuit Court, upon being
paid by the party so appealing three cents per hundred words
for the said transcript. In case of the failure or refusal of
the party so appealing to pay for the said transcript, such
appeal shall be dismissed by the Circuit Court as for want
of prosecution : Provided, If the party appealing makes it ap-
pear by affidavit that he is not able to pay for such transcript
of the testimony, then the Stenographer shall furnish the same
free of charge : Provided, That in no case shall the Stenog-
rapher's fee exceed ten dollars. In case the attorneys for the
appellant and respondent shall agree upon a statement of the
case as prepared by them for the hearing before the Circuit
Court, such statement of the case shall be a sufficient return
from the County Court, and no transcript or other paper from
the County Court shall be necessary,
challenge of Scc. 2757. In the selection of a jury for the trial of criminal
• jurors in Coun- ..,^^ _, ,.,
ty Courts. cascs m said County Court, the accused, when charged with
lb. a misdemeanor, shall be entitled to peremptory challenges not
exceeding three, and the State two ; and in the trial of cases of
felony, the accused shall be entitled to peremptory challenges
not exceeding five, and the State three. In cases where there
are two or more persons jointly indicted and so tried, the ac-
cused shall be jointly entitled to six peremptory challenges in
OF SOUTH CAROLINA. 1059
A. D. 1902.
cases of misdemeanor and eight peremptory challenges in cases "— ^v^-^
of felony, and no more.
Sec. 2758. Where a jury is required by law in the trial of ^^^^g ^^Pgf"
causes, civil and criminal, in said Court, such jury shall consist p^"°»^- ,
of six persons. All criminal cases wherein the punishment ^^■
does not exceed a fine of one hundred dollars or imprisonment „ Jf^^try"^"cile
for thirty days shall be tried before the County Judge without !!!!^!li±i^
a jury, unless a trial by jury is demanded by the accused. ^^^
Such cases wherein a trial by jury is not so demanded shall be
Carried to the foot of the calendar, to await trial by the County
Judge after the jury cases for the term have been disposed of.
Sec. 2759. At the next ensuing general election the qualified j^d°ge;"how
electors of each of the Counties in which a majority of the of office,' &a™
said electors shall have voted for the establishment of said Jb.
County Court, shall elect a resident attorney at law thereof
as County Judge. Such County Judge shall be the presiding
Judge of the County Court, and shall hold his office for four
years and until his successor has been elected and has qualified.
The said County Judge, before entering upon the duties of
his office, shall take the same oath of office as that required by
law of Circuit Judges, and shall be commissioned in the same
manner as Circuit Judges. . . .
Sec. 2760. As to all cases and special proceedings within of County
Judge.
the jurisdiction of the County Court and pending therein, the •
County Judge of the County shall have the same jurisdiction
with reference thereto, both in open Court and at chambers, as
is possessed by Circuit Judges over cases pending in the Circuit
Courts over which they are presiding or in the Circuits in
which they are resident.
Sec. 2761. The said County Court shall hold its first term^Terms of
•' Court.
on the first Monday in the calendar month next succeeding the
election and qualification of said County Judge, and hold a
term beginning on the first Monday in every alternate month
thereafter : Provided, Should the time at which any term of
said Court is fixed conflict with the time of holding the Circuit
Court for such County, then the term of the County Court
shall begin on the Monday succeeding the time for the final
adjournment of the Circuit Court. The said County Court
shall continue in session at each of its said terms until the busi-
ness before it has been disposed of; and shall be open for the
trial of cases, civil and criminal, from the beginning to the
end of each of its said terms.
io6o CIVIL CODE
A. D. 1902. ■ "- = '-
drawn.
lb.
^—•'v^*-^ Sec. 2762. The grand jury as drawn in accordance with law
fo?'^ c'o u n t y ^^^ service upon the Court of General Sessions in each of the
^°"^- said Counties shall constitute the grand jury for the said
^^- County Court, and shall meet with the said County Court at
each of its terms, except the term next succeeding each session
of the Circuit Court, at which term the grand jury need not
meet with the County Court.
Sec. 2763. The Board of Jury Commissioners as constituted
f ?"r° Thin^bl by law in each of the Counties of the State for the drawing
of jurors for the Circuit Courts shall constitute the Board of
Jury Commissioners for the drawing of jurors to attend upon
the sessions of the County Court, and the law relating to the
qualifications, drawing and summoning of jurors for attend-
ance upon the Circuit Courts shall apply to the qualifications,
drawing and summoning of jurors for the County Court:
Provided, That not more than eighteen persons shall be drawn
and summoned to attend at the same time at any session of the
County Court unless the Court shall otherwise order. Jurors
drawn and summoned shall appear and attend upon the ses-
sions of the said County Court for which summoned until ex-
cused or discharged by the Judge presiding : Provided, That
service as a juror in the County Court shall not be held to
exempt the juror from service as such in the Circuit Court in
the same year.
Sec. 2764. It shall be the duty of the County Solicitor to
Duty of the prepare and, through the presiding Judge of the Court of
to°n " ^ ° ^^^ General Sessions, submit to the grand jury, while in attendance
lb. upon the Court of General Sessions, bills of indictment in all
cases pending in the County Court where the punishment ex-
ceeds a fine of one hundred dollars or imprisonment for thirty
days, and have not been previously acted on by the grand jury;
and the grand jury shall act thereon, and report the same to the
presiding Judge, and the said Judge shall direct the Clerk of
the Court of General Sessions to report the same to the pre-
siding Judge of the County Court at its next ensuing term.
All cases in which bills of indictment are so found shall stand
for trial by the County Court as though found by the grand
jury while in attendance upon the County Court.
Sec. 2765. The Clerk of the Circuit Court shall be ex officio
Clerk of Cir- Clerk of the Countv Court, and shall keep such calendars,
cuit Court ex .^ " .
omdo Clerk of minutcs and records of the said County Court, and the causes
County Court. _ _ -^ .
— ^ therein pending, and attend and perform such duties as the
OF SOUTH CAROLINA. ' 1061
: ■- A. D. 1902.
Clerk thereof, as is i;eqnired of him by law as Clerk of the ^ » ^
Circuit Court. For services performed as Clerk of the County
Court he shall receive the same compensation as if performed
by him as Clerk of the Circuit Court.
Sec. 2766. The Sheriff of the County shall attend upon all ^^f "^^ °^ s'^'^'^-
sessions of the said County Court, and shall be subject to the J^_ '
orders thereof, and shall execute the orders, w^rits and man-
dates of the said County Court, as required by law, of him
with reference to the Circuit Court. For all such service he
shall receive the same compensation as is allowed by law for
similar services in the Circuit Court : Provided, That for serv-
ing each venire for the County Court, the Sheriff shall receive
the sum of ten dollars.
Sec. 2767. The presiding- Judge of the said County Court ^^ bailiffs; how
may appoint a sufficient number of bailiffs, not exceeding three, P^y °^-
to attend upon the said Court, and be subject to the orders ^^•
thereof. Such bailiff's shall receive as compensation for their
services one dollar per day for the time actually engaged, and
shall not be retained in attendance upon the Court longer than
the exigencies of the business of the Court shall require.
Sec. 2768. Grand and petit jurors in attendance upon the^iQ^°Q7y?ors
sessions of the said County Court shall receive as a compensa- ^"^ witnesses.
tion for their services one dollar per day, and five cents per ^^■
mile for necessary travel in going to and returning from the
County seat. Witnesses in attendance upon the said County
Court shall receive the same compensation as witnesses in at-
tendance upon the Circuit Court.
Sec. 2769. The jurisdiction of Magistrates in criminal cases o/Mrg^stfa°es
in all Counties wherein said County Court shall be established ^^"■here" Coun"
is hereby abolished: Provided, It shall be the duty of said taby^shed,'^^ and
Magistrates, and they shall have the power, to issue warrants ereo^
and hold preliminary examinations in all criminal cases, and
take such action therein as is now provided by law in criminal
cases beyond their jurisdiction; in committing or binding
over defendants and witnesses, it shall be' the duty of said
Magistrates to commit and bind over for trial at the next en-
suing session of the County Court — except in those cases over
which the County Court has no jurisdiction, in which case
the said Magistrates shall commit or bind over for trial in the
Court of General Sessions : Provided, further. It shall be the
duty of said Magistrates, in binding over witnesses, to appear
and testify, on behalf of the State, before the County Court,
io62 CIVIL CODE
A. D. 1902.
^-^'v"*^ in cases wherein the punishment exceeds a fine of one hun-
dred dollars or imprisonment for thirty days; to insert a pro-
vision in the recognizance requiring said witnesses to appear
and testify in said case before the grand jury, at the next en-
suing term of the Circuit Court, when the said next ensuing
term of the Circuit Court is appointed by law to be held before
a term of the County Court; it shall be the duty of said
Magistrates, immediately after committing or binding over a
defendant for trial, to lodge with the Clerk of the Court by
which the said defendant is to be tried, all papers and pro-
ceedings connected with the said case : Provided, That the Cir-
cuit Solicitor shall have the power to direct what cases may be
tried before the Court of Sessions in all cases when the said
Court has concurrent jurisdiction with the County Court.
p/M^^strates Scc. 2770. The jurisdiction of Magistrates in civil cases and
in civil cases, spg^^jg^] proceedings in all Counties wherein said County Court
shall be established is hereby limited to cases and proceedings
wherein the value of the property in controversy or the amount
claimed does not exceed twenty-five dollars.
ci$?rhow^ap- Sec. 2771. It shall be the duty of the Governor, upon the
of 'office, &a ™ recommendation of the members of the General Assembly from
each of the Counties wherein said County Court has been es-
tablished, to appoint for each of said Counties a resident at-
torney at law as County Solicitor, whose term of office shall
continue until his successor shall have been elected by the
qualified electors of the County at the next succeeding general
election, and until his said successor qualifies. After the first
term herein provided for, the term of the County Solicitor shall
be for four years, and until the election and qualification of a
successor, the qualified electors electing such successor at the
general election occurring every four years.
D u t i e s of Sec. 2772. The said County Solicitor shall represent the State
County bolici- _ .
^°^- ^in all cases brought before the said County Court wherein the
^^- State is a party, and shall have the same powers and perform
the same duties with reference thereto as a Circuit Solicitor
with reference to cases brought before the Court of General
Sessions. He shall also attend all inquests held by the Cor-
oner, aid in procuring evidence, and represent the State in the
examination of witnesses at such inquests ; and he shall ex
officio be the legal adviser of the County Board of Commission-
ers without extra compensation.
OF SOUTH CAROLINA. 1063
A. D. 1902.
Sec. 2773. The said County Judge shall receive as a com- ^-*-v*-^
pensation for his services the sum of one thousand dollars per jf |gg"%°|
annum, and the said County Solicitor the sum of three hundred county c°ourt°s!
dollars per annum, to be paid by the County.
Sec. 2774. The said County Judge and County Solicitor are sJiichof^pTo^-
prohibited from practicing as attorneys at law in any cause or ^cYnl*^ in "^ any
matter of which the said County Court has jurisdiction, or may co''unty_* Coun
acquire jurisdiction, and upon conviction of any wilful viola- ^qq, jurisdic-
tion of this Section, the ofifender shall be adjudged to have J^] '
forfeited his office and shall be sentenced to pay a fine of not
less than two hundred nor more than five hundred dollars, and
be imprisoned for a period of not less than one month nor
more than six months: Provided, The said County Solicitor
shall be at liberty to practice in all causes and matters on the
civil side of said Court.
Sec. 2775. The County Judge in each of the Counties appoint^ a Iten-
wherein the said County Court is established shall appoint for ary of, &'c.
the said County Court an official Stenographer, who shall attend
upon the sessions of the said Court and perform the same duties
in connection therewith as are performed by Circuit Stenog-
raphers in the Circuit Courts. The said Stenographer shall
receive from the County wherein he is appointed a salary of
three hundred dollars per year.
Sec. 2776. The provisions of this Chapter shall not apply to Counties ex-
the Counties of Abbeville, Anderson, Bamberg, Beaufort,
Berkeley, Charleston, Chester, Chesterfield, Clarendon, Chero-
kee, Dorchester, Edgefield, Fairfield, Florence, Greenwood,
Georgetown, Horry, Marion, Hampton, Lancaster, Laurens,
Lexington, Marlboro, Orangeburg, Oconee, Pickens, Saluda,
Sumter, Union, Williamsburg, Kershaw, Barnwell, Spartan-
burg, Greenville and York.
CIVIL CODE
Sec.
2777.
2778.
2779
2781.
2782.
2783.
2784.
2785.
2786.
2787.
2788.
CHAPTER LXXXIX.
The City Court of Charleston.
Court to be held by Recorder ;
his salary and how paid.
Appointment ; term of office ;
sessions of Court,
and 2780. Jurisdiction of
Court.
Preliminary examinations.
Forfeit of deposit for appear-
ance.
Trial by jury.
Stenographer, duties, &c.
Duties, police officers.
Qualifications of jurors.
Practice to conform to that
of Circuit Court ; informa-
tion in certain cases.
Writs and processes.
Sec.
2789. Power of the Court; of the
Recorder ; extent of authori-
ty ; return of writs.
2790. Right of appeal to Supreme
Court.
2791. Transfer of judgments, &c.,
from City Court to Circuit
Court.
2792. Clerk and Sheriff; powers of.
2793. To draw jurors ; when.
2794. Fees of officers.
2795. Recorder not to plead in cer-
tain cases.
2796. Has jurisdiction, &c., of Judi
cial Magistrate ; exception.
2797. In absence of Recorder to be
held by an Alderman.
To be holden
by Recorder of
C h a r 1 eston;
salary' of Re-
corder and how
paid.
G. S. 2125; R.
S. 2257; 1801,
VII., 300; 1820,
VII., 322, § 1.
R e c o rder's
term of office,
s e s s i ons of
Court. "
G. S. 2126; R.
S. 2258; 1783,
VII., 99, § 4;
1856, XIL, 488,
§6.
J u risdiction
of Court.
G. S. 2127;
R. S. 22 59;
1896, XXII.,
14; 1856, XII.,
488, § 6.
Section 2777. The Court heretofore established and cahed
the City Court of Charleston shall be held by the Recorder of
the City of Charleston ; and the City Council shall fix and pro-
vide such compensation for the Recorder as may be fit and
proper, and proportioned to the importance of his station, which
compensation shall not be increased or diminished during his
continuance in ofiice, to be paid by the city.
Sec. 2778. The said Recorder shall be appointed by the City
Council of Charleston, and hold his commission during good
behavior; and he shall sit at such times as may be fixed by
the ordinances of the City Council of Charleston from time
to time.
His authority is not derived directly from the State, but from the City
Council, and his commission need not be issued by the State.- — Eggleston v.
City Council, i Mill, 45.
Sec. 2779. The jurisdiction of the City Court of Charleston,
except as provided in Section 2780, shall be limited to the trial
of causes arising under the ordinances of the City Council of
Charleston.
What jurisdiction exercised. — Thomas v. Dyott, i McC, ^d; Jacksons v. Watts,
1 McC, 288; Green v. Smith, i McC, 324; Moore v. Brown, 3 McC, 9; Brown
V. Overstreet, 4 McC, 79; City Council v. King, 4 McC, 487; McKenzie v.
Ramsay, i Bail., 457; Bartlett v. Brisbane, 2 Rich., 489; Cromwell v. In. Co.,
2 Rich., S12; City Council v. Stelges, 10 Rich., 438; Cohen v. Wigfall, 8 Rich.,
237; Charleston v. Oliver, 16 S. C, 47; Information v. Oliver, 21 S. C, 318.
Such Court has no jurisdiction in cases of attachment. — Tolman v. Thompson,
2 McC, 43; Roddy v. Aiken, Dud., 232. Nor where defendant is not resident
in the city. — Gildersleeve v. Alexander, 2 Speer, 298; Whiting v. Pritchard,
1 Rich., 304. Except for violation of ordinance. — City Council v. Pepper, i Rich.,
364. Nor in cases involving an amount exceeding one hundred dollars. — City
Council V. Ashley Phosphate Co., 33 S. C, 541; 13 S. E., 845.
OF SOUTH CAROLINA.
Sec. 2780. The Recorder of the City of Charleston, and any
Magistrate holding the Police Court of the City of Charleston, ^^ ^re'S'rJfer
in the case of absence, sickness or other disability of such q.^^.^^ °f^ '^.f^y
Recorder, is invested with jurisdiction to hear and determine "^ Charleston.
all cases of a criminal nature occurring within the limits of ^ /^i^?' f^^^;
the City of Charleston, which are not within the exclusive ^^m- 346-
jurisdiction of the Court of General Sessions; that is to say,
any such officer holding the Police Court shall have jurisdic-
tion of all offences committed within the limits of the City of
Charleston, on arrest by the police or municipal authorities,
which may be subject to the penalties of fine or forfeiture not
exceeding one hundred dollars, or imprisonment, with or with-
out hard labor, not exceeding ninety days, and may impose
any sentence within these limits singly or in the alternative.
Appeal from Recorder acting as Magistrate. — City Council of Charleston v.
Brown, 42 S. C, 184; 20 S. E., 56-
Sec. 2781. Upon the sworn information of any member of
the police force or municipal officer, any such officer holding
the said Police Court as aforesaid shall proceed to the examina-
tion of any charge against any person arrested and before him,
. , . ,.,.,..,.. Preliminary
and upon the same appearing not to be withm the jurisdiction exam mation
•1T-.1' z"-" r n/r- • -1 shall be held.
of the said Police Court he shall refer the same to a Ministerial •
TV T • 1 r • • 1 TVT- • • 1 1897, XXII,
Magistrate as such for examination, to be by such Ministerial 412.
Magistrate referred to the Judicial Magistrate's Court of the
City of Charleston, or Court of General Sessions, as may be
proper.
Sec. 2782. Upon any charge made as above against ^t^J i^^^ppea^&ncl
person released on deposit and not appearing when called, any forfeited.
such officer holding the said Police Court shall order the said
deposit forfeited.
Sec. 2783. In the trial of any case in the said Police Court by 'firV^ ^"^^
upon the demand for a jury the same shall be summoned and
empaneled in the said Police Court in accordance with the law
for empaneling juries in Magistrates' Courts.
Sec. 2784. In taking of testimony and preparation of the
record in cases of appeal from the said Police Court, the
transcript of the notes of the testimony taken at the trial
by a sworn stenographer shall be held to be equivalent to the
testimony signed by the witnesses. And the Recorder is
hereby authorized and empowered to appoint a suitable person stenographer,
as official stenographer of said Police Court, who, after being ^^
duly sworn, shall take all testimony before said Police Court.
io66 CIVIL CODE
A. D. 1902,
^^-''V"*-' Sec. 2785. It shall be the duty of one of the officers of the
fiMK^of poike police force to be in constant attendance on said Court and to
force. ^g^Q proper measures for tlie safe keeping of the prisoners
and for carrying into ejffect the orders of said Court.
of9uror^*^^*^°'^ ^®^' 2786. All persons possessing the qvialifications pre-
G s 2130- R. scribed for jurors by the laws of the State, and usually re-
vri^^32'2 §^5.*'' siding in the city, or who have resided therein for four months
before their being sworn, and there being at the time of being
drawn and summoned, shall be liable to serve as jurors in the
said Court, saving and reserving to all persons all lawful ex-
cuse and exemptions as in other Courts,
co^nf^'rm to Sec. 2787. It shall be lawful for the City Council and the
Court*;* inform- Said Rccordcr to prescribe, and from time to time to regulate,
cases. '""'^^*" the practice of the said Court, and of the attorneys therein,
G. s. 2131; R. Conformably to this Chapter, and as nearly as may be to the
vii!^3w, §T' forms and rules used in the Circuit Courts of this State, and
the proceedings shall be the same substantially as in like cases ;
except in cases for the violation of ordinances, when imprison-
ment is imposed in addition to or in the alternative of a fine,
in which cases the prosecution shall be in the form of an infor-
mation on the official oath of the Corporation Counsel.
Proceedings on information. — Information v. Oliver, 21 S. C, 318; Information
V. Jager, 29 S. C., 438; 7 S. E., 605.
processes.^ ^" Scc. 2788. All writs and processes shall be issued by the
G. s. 2132; R. Clcrk of the said Court, and shall be made returnable to the
VII., 302, § 6. ' first day of the term next succeeding the issuing of the same.
Every process must show jurisdiction. — Truchelut ads. City Council, 1 N. &
McC, 227. Process may bear test before accrual of the right of action. — City
Power of the ^°"""^ ^- Schmidt, 11 Rich., 343.
Rlc^rker- fl Scc. 2789. The said Court is invested with power and au-
ityf ?eturn^°o'^f thority to grant rules ; to hear and determine motions for new
^"^^' trial in arrest of judgment; and all questions of law arising
s.^kesf/b! ^§ out of causes within its jurisdiction; to issue subpoenas for the
sio.'^i^^ Xsk] attendance of witnesses; to grant commissions for the examina-
VII., 338, § 1. ^Jqj^ q£ -^i^nesses ; to issue executions of J?m facias against the
real and personal property of defendants ; to issue writs of
capias ad respondendum; to punish for contempt, and also
all other the usual process, according to the known and ap-
proved rules of the common law and of the Acts of the As-
sembly in such cases provided; the Recorder shall have the
same powers in the discharge of his duties as the Judges of
the Court of Sessions and Common Pleas in like cases; but it
is hereby declared and provided that no process or writ issuing
OF SOUTH CAROLINA.
out of the said Court shall extend or be of force for service
or execution out of the limits of the said city, except com-
missions to examine witnesses ; and that all writs shall be
served and returned ten days before the sitting of the Court
aforesaid.
Commission to examine witnesses. — Haviland v. Simons, 4 Rich., 338.
Sec. 2790. All parties shall have the same right of appeal to p f^^i\ o^s^S-
the Supreme Court from the decisions of the said City Court, £!!!!^!_S^1^!!L-
in the same form which is now or may be lawful for parties in s. beef /&'. §
the Circuit Courts, in like cases; and the Supreme Court shall ^o.Te'; Code
hear and determine such appeals in the same manner as appeals § 349. ^°'^^ ^'^^'
from the Circuit Court of Charleston County.
City Council v. Weller, 34 S. C, 357; 13 S. E., 628.
Sec. 2791. All judgments in the office of the Clerk of thejud^e^nts'i &c,
said City Court, and all executions, writs, and processes incourt"to Cir^
the office of the Sheriff of the City of Charleston, other than charies°on Co.
judgments, executions, and processes arising under the ordi- g. s. 2135; r.
nances of the City Council of Charleston, shall be transferred x'li., 488, § 7. '
respectively to the offices of the Clerk of the Circuit Court
and of the Sheriff of the County of Charleston, which ca.^ses q^ ° ^^^^ ^^^^
judgments, executions, writs, and processes, shall be of like s^^"^-
validity and force as if the same had originated or been sued s.^'2268f ^ife^i
out of the Circuit Court for the said County. '^"•' ^^^' § ^•
This Section must be construed together with Section 358, Code, and such rr> j.-^ ;„_
appeal is an exception to the general rule laid down in that Section. — City ors in the ab-
Council V. Weller, 34' S. C, 357. sence of the
Recorder.
Sec. 2792. The Clerk and Sheriff of the said City Court oi-^r^-——^
•' ^ _ G. b. 2142; K.
Charleston shall have the same powers and authority, in all^- 2269; ib.,
cases within the jurisdiction of the said Court, as the Clerks „ , ,
■' ' Fees to be
and Sheriffs of the Circuit Courts. same as in like
cases in Cir-
Sec. 2793. In case of the sickness or absence from the State '^"''^ Court.
of the recorder, they shall have power, and are hereby au- s ^■2270-^^1^^*
thorized and required, to draw juries for the succeeding term, vii-, 319, § 2.
Sec. 2794.The charges and fees of the several officers of ,, .
=> Recorder not
the City Court shall be the same as in the Circuit Court in like 1°. p^^^^ '^ ^^'^■
-' tain cases.
^^^^^' G. S. 2144; R.
Sec. 2795. The said Recorder shall not be permitted to plead ^ii^^^ok m
in a superior Court in any cause which has been argued before
or adjudged by him. „ . . j-
•■ ° -^ Has junsdic-
Sec. 2796. The Recorder is hereby clothed with all the tion;^.^&|f^ p^
powers, duties and jurisdiction of a Judicial Magistrate, except ^.^ ate; excep-
that he shall not receive any additional compensation and ^ g — ^^
1884, XVIII.',
753, § 2.
io68
CIVIL CODE
A. D. 1902. ■_
^"-'"v"'^ shall not have the authority of a ^Magistrate to appoint a Con-
stable.
City Council v. Luhrs, 12 Rich., 69.
Recordir"? be ^^^- 2797. In case of the sickness or other unavoidable ab-
derman/" '■^^" seuce of the Recorder, the Police Court shall be held by one
R. s. 2273; o^ ^hc Aldermen of the City of Charleston or by one of the
i8/8,;kvi., 46/. T\^j-^g.jg|.j.g^^gg £qj. Q^^rlcston County, as may be designated by
the Mavor.
CHAPTER XC.
Court for the Arbitration of Mercantile Disputes in the
City of Charleston.
Sec.
2806. Co-arbitrators to be sworn ;
arbitrator's powers in re-
spect to witnesses and evi-
dence.
2S07. Award, when and where to
be filed ; orders in pursu-
ance of award ; where to be
filed.
2808. Judgment on award to be en-
tered in Circuit Court ; its
effect ; how enforced ; when
it may be appealed from,
reversed or modified.
2809. Arbitrator may suspend or-
der, grant a rehearing, &c.
2810. Limitation of jurisdiction, &c.
Sec.
2798. Establishment of Court ; to be
Court of Eecord.
2799. Jurisdiction specified.
2800. Arbitration ; Arbitration Clerk,
duties of ; compensation,
&c.
2801. Arbitrator to adopt seal ; may
interpret and construe con-
tracts.
2802. Rules of procedure, &e.
2803. Issue of summons for appear-
ance before Chamber of
Commerce ; in what cases.
2804. Papers, when filed ; objection
to jurisdiction, &c.
2805. Proceedings before Arbitra-
tor ; appointment of persons
to sit with him ; adjourn-
ments.
Establishment Sectloii 2798. A Court for the hearing and determining of
of Court; to _ _ * *
be a Court of mercantile disputes within the city and port of Charleston, or
G s -'146 • R^^^ collection district of said port, as the same is now or may
l\7T^'!i FJ^' hereafter be established bv anv Act of the Congress of the Uni-
AVi., 4.5, § 1. - - ^
ted States of America, is hereby created, constituted, and estab-
lished, and the same is hereby authorized to be a Court of
record, possessing concurrent jurisdiction with the Court of
Common Pleas upon all matters of mercantile disputes, as the
J u risdiction game are herebv and hereinafter defined.
specmed.
G s 2158- R ^®^" 2799. The said Court shall have jurisdiction, as herein-
fg ^^'^^' ^^■' before provided, over all disputes or matters of difference upon
any mercantile or commercial subject as the same are herein
defined, that is to say, over all matters of accounts, promissory
notes, bills of exchange, and other negotiable paper, policies
of insurance, charter parties, and other contracts concerning
OF SOUTH CAROLINA. 1069
A. D. 1902.
freight, either express or implied, bills of lading and other <— -v^*-^
contracts, express or implied, concerning the delivery of goods,
wares, and merchandise brought into the State in ships or
vessels, or otherwise from a sister State, or from a foreign
port, contracts of bailment of every kind and 'description soever,
controversies in regard to telegraphic dispatches, and generally
all commercial contracts, and all matters between merchants
and persons in trade arising out of or being in due course of
business.
Sec. 2800. The Recorder of the City of Charleston shall be, a r b i tTa^ion
and is hereby declared to be, ex officio Arbitrator, to be known of ^ c'ompensa-
as the Arbitrator of the Charleston Chamber of Commerce, i^l^^ ,
and he is hereby authorized, empowered, and directed to have s. 'ni&; ^ im,
and perform the functions, duties, and powers provided for in ^ "
this Chapter in connection with his said office. The Governor
shall commission such person as may be elected by the Charles-
ton Chamber of Commerce to be the Arbitration Clerk of the
said Chamber; and such person shall take and subscribe an
oath faithfully to perform his duties under this Chapter, which
oath shall be filed in the office of the Secretary of State - at
Columbia. The said Clerk shall safely and correctly keep all
the minutes, documents, records, books, and other papers and
effects of the Arbitrator and of the Board provided in this
Chapter, and relating to the arbitrations which may be had
hereunder ; and the sittings and business of the said Arbitrator
and Board shall be had and conducted, and the office of the
said Clerk shall be, in a building or room provided by the said
Chamber of Commerce, at its own proper expense and charges ;
and the compensation of the Clerk shall be a docket fee of
five dollars for each case, and also such other and further sum
for labor as the Arbitrator or Board of Arbitration shall allow
in any case ; and he shall be subject to removal by said Chamber
for cause, whereupon they shall elect his successor, who shall
be commissioned as aforesaid.
Sec. 2801. The Arbitrator shall devise and adopt a seal Arbitrator to
t- adopt seal;
which shall be the seal of his office, and be used to authenticate ™^y interpret
and construe
all awards and orders made pursuant to this Chapter, and contracts.
copies and certificates thereof; and in all Courts and places, g^^Ji^i^s; R.
any instrument sealed with such seal, and signed by such Arbi-
trator, shall be received as prima facie evidence of the exist-
ence of such award or order, and of the contents thereof and
CIVIL CODE
shall have the same force and effect as the original thereof.
Upon the application of the parties interested, or their repre-
sentatives, the said Arbitrator shall interpret and construe any
parol or written contract pertaining to any matter which might
be the subject of arbitration under the provisions of this
Chapter,
ced^rl! °^ ^"' Sec. 2802. The said Arbitrator shall adopt short and simple
G. s. 2156; R. forms and rules to be observed in proceedings under this Chap-
xvi^il, §^f' ter, and shall have the power to do and order whatever may
be necessary to carry out its provisions. In all cases where an
immediate hearing is desired by both parties, or is practicable,
it shall be had.
gant^to^appear Sec. 2803. Any party or parties having a controversy, dis-
ber°'^of ^c^- pute, or matter of difference, upon any mercantile or com-
°^^'"'^^' .mercial subject, as hereinafter defined, may summon the op-
s.^'227l;^*i's7l', positc party or parties to appear before the Charleston Cham-
XVI., 45, § 2. 1^^^ ^£ Commerce, for the settlement of such controversy, dis-
pute, or matter of dift'erence, on a day and hour named in such
summons, which shall not be less than two or more than five
days after the personal service of such summons upon such
opposite party, or one or two more parties jointly interested
in the subject-matter of the controversy: Provided, All parties
are regularly elected members of said Chamber of Commerce;
and parties, whether members of such Chamber or not, to
any such controversy, dispute, or matter of difference, arising
or being within the city or port of Charleston, or relating to a
subject matter situate or coming within said city or port, as
the collection district of said port is now or hereafter may be
established and limited by Act of Congress of the United States
of America, may voluntarily appear before and submit the
same to the said Chamber of Commerce, and the said Chamber
shall thereupon entertain jurisdiction of such controversy,
dispute, or matter of difference, and of the parties thereto.
fiied^wfth°the Scc. 2804. At the time mentioned in such summons, the
Clerk;' fdiure party or parties serving such summons shall file such summons,
tfon U) "juris- with proof of service, with the Arbitration Clerk hereinafter
sons°Sot mem- provided for, and either party may file with him a written
be" t°o appeTr declaration, duly acknowledged, objecting to the jurisdiction
by attorney. °^ of the Chamber of Commerce aforesaid in the matter men-
G. s. 2148; tioned in such summons ; and upon the filing of such written
46, §3. ' ''objection, such matter shall be dismissed, and no further pro-
OF SOUTH CAROLINA.
Settlement of
ceedings shall be had therein under the provisions of this
Chapter; and if at the time mentioned in such summons the
party or parties named therein, or either of them, do not file
such written objection, they, and each and every one of them,
shall be deemed and held to have fully submitted to the juris-
diction of said Chamber in such matter, and the arbitration
hereinafter provided and the further proceedings therein shall
be in accordance w^ith the provisions of this Chapter; and it
shall be competent for any member of a firm to file such ob-
jection on behalf of himself and his copartners, and for any
agent or attorney in fact, or other representative, to do so on
behalf of his principal. A copy of this Section of this Chapter
shall be served with and in the same manner as the summons.
But no person not a member of the said Chamber shall be
deemed to have submitted under the provisions of this Section,
unless he shall voluntarily appear in person, or by attorney,
and signify his submission to the jurisdiction of said Chamber.
See. 2805. Upon the said Chamber of Commerce acquiring
jurisdiction as aforesaid, of any matter pursuant to the pro- differ e n c e s;
parti es may
visions of this Chapter, such matter shall be proceeded uponeach appoint
. 11A1- -r-.i,- °"^ person to
With dispatch to a settlement by the Arbitrator or Board of sit with arbi-
... . .. trator;ad-
Arbitration provided for by the provisions of this Chapter, joumment.
The respective oarties to such matter shall each be entitled, at ^g. s. 2149; r.
, . P ' . . ... ' S. 2281; 1876,
the time of submitting to such jurisdiction, as herein provided, xvi., 46, §4.
to nominate and appoint, in writing, one person to sit with the
Arbitrator to hear and determine the matter, and the award
made by them, or the majority of them, shall be deemed and
held to be the award therein ; and if the said parties refuse or
neglect to nominate and appoint, each, one person, as afore-
said, then they shall be deemed and held to have waived their
rights to do so, and the matter shall proceed before the Arbi-
trator, hereinafter provided for, as sole arbitrator to hear and
determine said matter. Adjournments may be had upon rea-
sonable cause shown ; but if any person named by either party
shall fail to appear at the time set for the hearing of the matter
without good reason shown for such failure, to the satisfaction
of the Arbitrator, and that the same is only of a temporary
nature, his nomination and appointment shall thereupon be de-
clared and held to be vacated, and the same party shall forth-
with nominate and appoint another person to act in his place,
and upon failure to do so, the Arbitrator hereinafter provided
CIVIL CODE
for shall appoint a disinterested person, not of kin to either
party, to act in his place; and upon failure of one party to
nominate a person to sit with the arbitrator, when the op-
posing party has nominated such a person, then the Arbitrator
hereinafter provided for shall appoint a disinterested person,
not of kin to either party, and not nominated by the opposing
party, to act as a member of the Board of Arbitration, and
the matter shall proceed as if such party had appointed such
person to act.
Arbitrators ^^^- 2806. The pcrsons appointed by or for the respective
a°r b'ftra^t^r '^to P^^t^^^ ^^^^^^ ^'^ ^^b' swoHi, bcforc the Arbitrator, honestly,
oa^ij™ '"' ^ *" truly and fairly to hear and determine the matter thus sub-
G. s. 2150; R. n^itted to them, and their oaths subscribed by them, respec-
s. 2282; lb. tively, shall be filed with the award in such matter. The Ar-
bitrator shall have full power to administer oaths and affirma-
tions, and to take the proof and acknowledgement of all charter
parties, marine protests, contracts, and other written instru-
ments, and to issue subpoenas for witnesses to appear and
testify, with like effect and penalties as subpoenas issued by
Courts of justice. All wilful false swearing in any proceeding
under the provisions of this Chapter shall be deemed and held
to be wilful perjury, and indictable and punishable as such.
After the allegations and proofs of the respective parties have
been heard, the Arbitrator shall have power, upon notice to
both parties, to summon any person to give testimony before
the Arbitrator or the Board, if he or they shall deem such ad-
ditional testimony necessary to enable them to do justice
between the parties.
Award after Sec. 2807. After the final hearing, the Arbitrator, or Board,
o?der to^be"fii'- or a majority thereof, shall make an award, in writing, under
- — — !L^his or their hands, stating the settlement of the controversy,
s. 2283; ^1876^ dispute, or matter of difference, heard and determined by him
■' ' 'or them, and file the same within five days after such final
hearing with the Arbitration Clerk hereinafter provided for;
and if the said award shall construe any contract or require
either part}' or both parties to do or forbear doing a particular
act or acts, or to pay a sum of money, the Arbitrator herein-
after mentioned shall, at the request of either party, make an
order to that effect, and otherwise to carry out the provisions
of the award, which order shall, at the instance of either party
be filed by such party in the office of the Clerk of Court of
OF SOUTH CAROLINA.
Common Pleas in and for the County wherein such arbitration
is held ; and it shall be the duty of the said Clerk of the Court
of Common Pleas, upon being- paid his fees therefor, to docket
such order.
Sec. 2808. If such order shall require the payment of a sum te'^entered^up
of money, or the delivery of any property, any party may enter ^ow i"ref7udg-
up, in the manner now prescribed by law for entering j udg- ^e^reversed ex°
ments of the Circuit Court, a judgment against the party or ff£l!^L.^^li_!
parties required to pay such sum of money, or deliver any^. 's. ' 2284;
property, and in favor of the party or parties to whom it should •'*'§*•
be paid or delivered ; and execution may thereupon be issued
and enforced thereon as and with like effect and validity as
on a judgment of the Circuit Court entered up in said office;
and the said judgment shall, in other respects, conform to said
orders ; and when so entered have the same force and effect as
a judgment of the Circuit Court of similar purport, and shall
be enforced in the same methods, and by the same processes
and officers, and upon the payment of the fees now allowed by
law. And in case any such order shall be filed, and judgment
entered thereon, as aforesaid, in the said Court of Common
Pleas, the same may be satisfied of record, and discharged in
the same manner as judgments of the Circuit Court are or may
be satisfied and discharged. Judgments entered in conformity
with these provisions shall not be subject to be removed, re-
versed, modified, or in any manner appealed from by the parties
thereto, except for frauds, collusion, or corruption of said Arbi-
trator or Board, or either of them.
Sec. 2809. The award of the Arbitrator or Board, as V^o- ^^-^^^1^^^° ^^"i
vided for in this Chapter, shall be binding and conclusive upon ^|=^^ing|^ n^ode
all parties thereto, and shall effect and secure a final settlement ^ s~~2i53^
of the matter submitted under the provisions of this Chapter^- s.22S5;ib.,
for his or their decision and award, and shall be upheld and
sustained in all the Courts of this State; but the Arbitrator
hereinafter provided for shall have power, for good cause
shown, upon notice to and hearing the parties, to suspend and
defer making the order for carrying out the provisions of the
award, to order that the cause be heard again before the same
or other persons to be nominated and appointed as allowed
by this Chapter in the case of the first hearing. But the party
applying for such rehearing shall stipulate to pay all the costs
and expenses of the other party or parties incident to such
rehearing, and shall give security therefor, and for the pay-
68.— C
1074 CIVIL CODE
A. D. 1902.
^""^^^"^ ment or performance of any award which shall be rendered
against such applying party, or judgment which shall be en-
tered thereon, in such amount and form as shall be approved
by the said arbitrator. Upon such rehearing, similar proceed-
ings shall be had as in the case of the first hearing; and all
the provisions of this Chapter applying to the first hearing,
the award, the order and subsequent proceedings thereon, shall
apply similarly in and to all cases of rehearing. On the first
hearing, no costs shall be allowed to either party.
iidfc"tfen°inl:er- Scc. 2810. Nothing in this Chapter shall be construed to give
Comnfis^sions^o ^n^y jurisdiction to the Charleston Chamber of Commerce, to
take testimony. |.]^g Arbitrator or Board, except upon the voluntary submission
R ^' 2l86-^ib!' ^nd election of the parties as provided for in this Chapter;
50, § 7. j^Qj. shall any minor, married woman, nor person of unsound
mind, nor any matter pertaining to a fee or life tenancy in real
estate, nor wherein the title to real estate is concerned, be
brought before such Arbitrator or Board of Arbitration; nor
shall any cause or matter submitted to the Arbitrator or Board
as provided in this Chapter be subject to removal by or to the
jurisdiction of any of the Courts of this State, except as herein
provided; nor shall this Chapter apply to any cause or matter
which will be pending in any of the Courts of this State or be-
fore any arbitration committee established by law previous to
the serving of the summons as provided in this Chapter. The
voluntary submission to arbitration of the particular cases con-
templated in this Chapter, and in the methods herein provided,
need not be in writing otherwise than as herein provided. This
Chapter shall not be held to repeal the existing Statutes in rela-
tion to arbitration. Commissions to take testimony allowed
by the arbitration may be issued in the same manner and with
the same effect as in Courts of record. Witnesses shall be en-
titled to the same costs as in said Courts. No person not a
regularly elected member of said Chamber of Commerce shall
be nominated or appointed by any party to a cause to sit with
the Arbitrator as hereinbefore provided.
OF SOUTH CAROLINA.
CHAPTER XCI.
Attorneys, Solicitors and Counsellors.
Sec.
2811
Penalty for practicing unless
admitted and sworn.
2812. License to be granted only
by Supreme Court.
2813. Admission of attorneys regu-
lated ; admission fee.
2814. Oath ; roll.
2815. Removal or suspension for
disorderly conduct, &c.
Sec.
2816. Removal or suspension for
deceit, malpractice, &c. ;
proceedings.
2817. Penalty for speculating prac-
tices.
2818. Not allowed more than two
hours for argument.
2819. Citizens may prosecute or de-
fend their own cases ; and
for others without reward.
1075
A. D. 1902.
Section 2811. No person whatsoever shall practice or solicit pj-f^^"^/^! ^^^^^
the cause of any other person in any Court of this State unless \^l |wm-n'"^^
he has been admitted and sworn as an attorney, under a penalty q g 2159-
of five hundred dollars for every cause he shall so solicit, one- f^^^ yjj ^ifp
half to the State and the other half to him or them that will sue ^ ^^•
for the same.
Sec. 2812. No original license to practice as an attorney, 50-'^^^^^^^^°^^^
licitor or counsellor shall be granted except by the Supreme §upremeCourt.
Court.
Sec. 2813. Any citizen of this State who has attained the fullSf'§i^^
age of twenty-one years, and who may pass a written examina- Admission of
tion upon the course of study prescribed by the Supreme Court, fale^^^ldmm-
or has graduated at the Law School of the State University. "°° ^^^-
and can produce evidence satisfactory to the Supreme Court u/^-g^-
2161;
2288;
2160;
2289;
that he is of good moral character, shall be admitted to all the g^t^igT^gyxyj j
privileges of, and shall be permitted to practice as, an attorney |o|.-^ig6'g^^y|
at law in this State, on taking and subscribing the oath required ^ix. ^ixL^^'
by Section 26, Article III., of the Constitution, and the oath re-
specting duelling. Any person of good moral character who has
been admitted to practice as an attorney, solicitor or counsellor
in any Court of record in any of the United States, or in any
Court of the United States, shall, on producing the proper evi-
dence thereof, upon motion, be admitted to practice as such in
the Courts of similar grade in this State, on taking the pre-
scribed oaths. The expense of the written examination re-
quired and of the certificate of admission to the Bar must be
defrayed by an admission fee of five dollars, to be paid in ad-
vance by each applicant.
Sec. 2814. The oaths required to be taken by this Chapter Oath; roll,
shall be administered in open Court, and the name of the oer- g. s. 2162;
^ R. S. 2290;
1868, XIV., 96,
§ 4.
CIVIL CODE
son taking the same entered in a roll or book kept for that pur-
pose, and a certificate of said oaths shall .be filed in Court.
sufpSsL^n. ° ' ^^^' 2815. Attorneys, solicitors, and counsellors, may be re-
Q s. 2163; moved or suspended, and, also, in aggravated cases, imprisoned,
^7, 1' 5^.^^^' ^^ ^ot exceeding twenty- four hours, by the several Courts in which
they have been admitted to practice, if, in the presence of such
Court, they are guilty of any disorderly conduct causing an
interruption of business or amounting to an open and direct
contempt of the Court, his authority or person; but, subject to
such removal, they shall hold their office for life.
movaiTen°[tied Scc. 2816. Any attorney, solicitor, or counsellor, may be re-
^° ^ ^^^^ ' moved or suspended who shall be guilty of any deceit, malprac-
R. s'. 2Z92fYb'' tice, or misdemeanor ; but not until a copy of the charges
*'' against him shall have been delivered to him by the Clerk of
the Court in which the proceedings shall be had, and an oppor-
tunity shall have been given him of being heard in his defence.
State V. Holding, i McC, 379; Hynmen v. Washington, 2 McC, 493; Watson
V. Bank, s S. C, 159.
speculating. ° ^ Scc. 2817. If any attorney, solicitor, or counsellor, shall enter
G. s. 2165; into any speculating practices by purchasing, or procuring to
§ 7. ■ ^ ' be purchased, any note or other demand for the purpose of put-
ting the same in suit, when otherwise the owner or holder
thereof would not sue the same, such attorney, solicitor, or
counsellor, shall pay a fine of one hundred dollars, and shall
thereafter be incapable of practicing as such in any Court, until
restored by the Supreme Court.
Cooke V. Poole, 25 S. C, 593.
iong°erthanTwo ^60. 2818. No attorney, solicitor, or counsellor, shall be al-
^°"'"^' lowed to occupy more than two hours of the time of the Court
R.*^s. Im/lf ' i^ the argument of any cause, unless he shall first obtain the
^ ^' special permission of the Court to do so.
states V. Jones, 29 S. C, 201; 7 S. E., 296.
apSSrfn pe^r^ Scc. 2819. This Chapter shall not be construed so as to pre-
I?^,'wi^thoutre- ^^^^ ^ citizen from prosecuting or defending his own cause, if
'^^^'^- he so desires, or the cause of another, with leave of the Court
R.%. 2295;^7b^.' ^^^t had and obtained : Provided, That he declare on oath, if re-
173! V^lg. ^^^■' quired, that he neither has nor will accept or take any fee,
gratuity, or reward, on account of such prosecution or defence,
or for any other matter relating to the said cause.
OF SOUTH CAROLINA.
CHAPTER XCII.
Special Provisions Respecting Courts and the Administra-
tion of Justice, and Certain Rights and Remedies.
Article i. Special Provisions Respecting- Courts and the Ad-
ministration of Justice.
Article 2. Certain Rights and Remedies.
ARTICLE I.
Special Provisions Respecting Courts and the Adminis-
tration OF Justice.
Sec.
2820. No Judge to preside when re-
lated to party within sixth
degree.
2821. Rights in Courts not afEected
by race or color.
2822. Persons appointed by U. S.
may prosecute in behalf of
U. S. ; proviso.
2823. Seals of Courts of Common
Pleas.
2824. Attendants at Courts exempt
from arrest ; exception.
2825. Penalty for contempt of
Court ; offender to be heard.
2826. Violation of the peace within
the hearing of the Court.
2827. Witness, juror or party may
affirm, according to his pro-
fession.
2828. Moneys paid into Court to
be deposited in bank.
Sec.
2829. How to be drawn ; proviso.
2830. Clerk to obey order of Court
to deposit ; penalty.
2831. Effect on writs, &c., of fail-
ure of Court to sit as re-
quired by law.
2832. Transcripts of judgments and
decrees of U. S. Courts to
be filed in office Clerk of
Court.
2833. Money may be deposited with
officers of Courts in lieu of
bonds.
2834. To whom money must be
paid.
2835. Receipt for ; when to be paid
back.
2836. Payment of money to minors.
2837. Time within which Masters
and Referees must file re-
ports.
Section 2820. No Judge or other judicial officer shall preside
on the trial of any cause where he may be connected with either
of the parties, by consanguinity or affinity, within the sixth de-
gree.
Method of computing degree of relationship. — Ex parte Kreps, 6i S. C, 29;
39 S. E., 181. Relationship by affinity must be shown to continue. — Ehrhardt
V. Breeland, 57 S. C, 142; 35 S. E., 536.
Sec. 2821. Wherever authority has heretofore been conferred ^ourtf noVaf°
by law upon any free white person or persons to institute any ^^^^^^^jj^j^^ ^^^^
suit or proceedings, or to prefer any information or complaint q g 2i68-
in any matter, civil, penal, or criminal, the same rights shall be^gyjf; xfv.l
enjoyed by, and the same remedies applicable to, all persons ^^^' ^ ^-
CIVIL CODE
whatsoever, regardless of race or color, subject to the same
conditions, and none others.
ointed°b^ 2^- Sec. 2822. It shall and may be lawful for all and every per-
cute^fn behiff ^'^^ °^ pcrsons authorized and appointed by the United States
vfso^' ^■' ^'"°" for that purpose, in their name, and in their behalf, to com-
— G s 2169- ni^^ce and to prosecute to final decree, judgment, and execu-
tes ^V ^67' ^^°"' ^^y action or actions, for the recovery from individuals of
S 1- debts due, and efifects belonging to, the United States : Pro-
vided, That all and every such action shall be conducted in the
same manner, and subject to the same rules and regulations, as
when commenced by one citizen of this State against another
citizen thereof, and that the defendant or defendants be allowed
the same privileges and advantages as he, she, or they would
be entitled to if sued by a citizen of this State.
Seals of Sec. 2823. The Courts of Common Pleas shall, at the ex-
Courts of Com- . , _, , . i ,— r •
mon Pleas. peusc of the State, have a seal for each County, of an impres-
G. s. 2170; sion similar to that of the Court of Common Pleas in Charles-
R. S. 2299;
1792, v., 211, ton County, and uniform with that seal ; except that each seal
shall in the legend have the name of the Court in which it is
used. The said seals shall always be affixed to such proceed-
ings of the said respective Courts as may require the same.
Attendants at Sec. 2824. All pcrsous ueccssarily going to, and attending
Courts exempt ^ J is t> ' &
from arrest, pn, or returning from, the Courts of record of this State, (al-
G. s. 2171; lowing thirty miles per day for the traveling of such persons,)
1785, VII., 219', shall be free from arrest, except on criminal process for treason,
286,'§ 5;' 1819; felony, or breach of the peace.
This exemption from arrest is the privilege of the Court, and not of the party;
and indulgence to him will not be extended to him further than necessary and
expedient. — Hunter v. Cleveland, i Brev., 167. And one Court will not allow
arrest by its process of a witness of another Court. — Vincent v. Watson, i Rich.,
194. The privilege is limited to exemption of the person from arrest, and does
not invalidate service of process at same time. — Sadler v. Ray, 5 Rich., 523.
Penalty for gec. 2825. In case any person shall commit any misbehavior
c o n t empt of ^ ir ./
Court ;^ffender Qj- contempt in any Court of judicature in this State, by word
— ^ g 2^^2. or gesture, it shall and may be lawful for the Judges of every
1731 HI ^m ^"^^ Court to set a fine on such offender, in any sum not ex-
§ 34. ceeding fifty dollars, for the use of this State, and may com-
mit the offender till payment; but if any person shall, in the
presence and during the sitting of the Court, strike or use any
violence therein, such person shall be fined at the discretion of
1811 V 642 ^^^ ^^^^ Court, and shall be committed till payment : Provided,
5 1- That no citizen of this State shall be sent to jail for any con-
tempt of Court, or supposed contempt of Court, committed
OF SOUTH CAROLINA. 1079
A. D. 1902.
during the sitting of the Court, and in disturbance of the Court,
until he be brought before the Court, and there be heard by
himself or counsel, or shall stand mute.
As to Magistrate Courts. — Lining v. Bentham, 2 Bay, i ; State v. Johnson,
2 Bay, 385; State v. Applegate, 2 McC, no; Edmunson v. Freean, 2 Hill, 410.
As to Circuit Courts. — Lott v. Landifer, 2 Mill, 167; Johnson v. Williman, Dud.,
70; State V. Hunt, 4 Strob., 322; In Re Corbin, 8 S. C, 690; State v. Blackwell,
10 S. C, 35. As to attorneys. — State v. Hunt, 4 Strob., 322; In Re Corbin, 8 S.
C, 390. As to witnesses. — Lott v. Landifer, 2 Mill, 167; Johnson v. Williman,
Dud., 70. As to others. — State v. Blackwell, 10 S. C, 35. Proceedings by rule
is proper in cases of contempt. — State v. Hunt, 4 Strob., 322. In cases here
mentioned it need not be on oath. — State v. Blackwell, 10 S. C, 35. Decision
thereon is appealable. — State v. Hunt, 4 Strob., 322.
Sec. 2826. When any affray shall happen during the sitting the peace with-
of any Court within this State, and within the hearing or to the of the Court,
disturbance of the Court, the Court shall order the Sheriff, or g. s. 2173;
other lawful officer, to take the affrayers, or other disturbers of §2. '
the peace, or those guilty of contempt, and bring the offender
or offenders before the Court, and the Court shall make such
order or orders thereon as is or may be consistent with law,
justice, and good order.
Sec. 2827. Any juror, witness, or party to any proceeding, ro^*o"^^partyi
in any and all Courts of this State, may make solemn and con-™r'^ingX' h?s
scientious affirmation and declaration, according to the form pf p'"" ession.
his religious belief or profession, as to any matter or thing r. 's. ' 2303;
whereof an oath is required; and such affirmation and declara-^ ^'
tion shall be held as valid and effectual as if such person had
taken an oath on the Holy Evangelists.
Sec. 2828. All moneys, except fines and penalties paid under into °afurt''^to
sentence in criminal cases, which shall be paid into the Circuit -!—!£^!i-!-l_
C S 2175 •
or Probate Courts of the State, or received by the officers r. ' s. ' 2304!
thereof in causes pending therein, shall be immediately de- § 10. "' '
posited in some incorporated State bank or National bank
within the Circuit, of good credit and standing; or, if there
be no such bank within the Circuit, then in such bank nearest
to the place of holding the Circuit, in the name and to the credit
of the Court.
Sec. 2829. No money deposited as aforesaid shall be drawn ^jj.^^°^. p*j.°^j^^
from said banks, except by order of the Judge of said Courts q g 2176;
respectively, in term or in vacation, to be signed by such Judge, ^\f- ^^°^' ^^■'
and to be entered and certified of record by the Clerk ; and every
such order shall state the cause in or on account of which it
is drawn : Provided, That money paid into Court to be imme-
diately paid out need not be so deposited, but shall be paid upon
order of the Court.
io8o CIVIL CODE
A. D. 1902.
'""^^''^"^ Sec. 2830. If any Clerk of such Courts, or other officers
order\f°Cou?t ^^^^^°^' having received such moneys as aforesaid, shall re-
to deposit; pen- f^gg qj. neglcct to obcy the order of such Court, for depositing
Q s. 21V7- ^^^ same as aforesaid, such Clerk or other officer shall be forth-
xiv^^ie' ^^^^ proceeded against by attachment for contempt.
R.
1SG8,
^ ^^- Sec. 2831. No process depending in any Court shall be dis-
Effect on continued for or by reason of the failure to hold the Court upon
writs, &c., of . . ^
failure of the day appointed by law ; but in such case, all suits, process,
r e q u i red by matters, and things depending, shall be made to the next suc-
— - — - — — — ceeding Court in course, in the same manner as if such succeed-
R. s. 2307; ing Court had been the same Court to which such process stood
17S5, VII., 218, =' ^
§ 15- continued, or such returns or appearances should have been
made; and recognizances, bonds, and obligations for appear-
ances, and all returns, shall be of the same force and validity
for the appearance of any person or persons at such succeeding
Court, and all summonses for witnesses as effectual, as if the
succeeding Court had been expressly mentioned therein; and
all causes depending on the docket, and undetermined at any
adjournment to the Court in course, shall stand continued in
the same order to such Court as fully as if such causes were
called over and continued by order of Court,
of'decreerind ^^^' ^^^2. Transcripts of judgments and decrees rendered
ijmt^d^" States ^" ^^^ Circuit and District Courts of the United States within
office^^of^^cierk ^^^^ State may be filed and docketed in the offices of the Clerks
or Court. of the Courts of Common Pleas in the several Counties of this
718^^*' ^^^^■' State, for the purpose of creating liens of such judgments and
decrees upon property within the County where the same may
be so filed and docketed, in like manner as the judgments and
decrees of said Courts of Common Pleas and transcripts thereof
may be entered, filed and docketed for the purpose of creating
A hen. jjgj^g upgn property, but in no other manner and to no greater
Limitation, extent, as contemplated, provided and intended by the Act of
Congress entitled "An Act to regulate the liens of judgments
A. A. Con- ^^d decrees of the Courts of the United States," approved Au-
gress 1888. ^^^^ jg^^ jggg j^^^ -^ gj^^jj ^^ ^j^^ ^^^y ^f ^^^ Clcrks of the
of "cou/t.^^^'^'^ said Courts of Common Pleas, when transcripts of judgments
or decrees of said Circuit or District Courts shall be filed with
them, to docket and index the same as judgments of the said
Courts of Common Pleas are required to be docketed and in-
dexed.
Sec. 2833. Whenever in any civil or criminal proceedings in
any of the Courts of this State a bond, recognizance or under-
OF SOUTH CAROLINA. 1081
A. D. 1902.
taking is authorized or required to be given, it shall and may be ^""^v^""^
lawful for the party or parties authorized or required to give ^^^^"^^yj ^^^J
the same to deposit in lieu thereof a sum of money, in lawful ^j^*^j.°g%^''^j°*
money of the United States of America, equal in amount to the°^ ^°^^-
bond, recognizance or undertaking so required or authorized 42^^^'^' ^^^^•'
to be given ; and such sum of money, when deposited as in this
Section provided, shall be held and taken as equivalent in all re-
spects to the giving of such bond, recognizance or undertaking.
Sec. 2834. Whenever such bond, recognizance or undertak- ^J^° ti^^pSd!*^
ing is required or authorized to be given in any civil or crimi- J^^
nal proceedings in the Courts of Common Pleas or General Ses-
sions of this State, the said sum of money deposited in lieu
thereof shall be paid to the Clerk of the Court of Common
Pleas and General Sessions in which said proceeding is pend-
ing; and whenever such bond, recognizance or undertaking is
authorized or required to be given in the Supreme Court of this
State, the said sum of money shall be paid to the Clerk of the
Supreme Court; and whenever such bond, recognizance or
undertaking is authorized or required to be given in any civil
proceeding in the Probate Courts of this State, the said sum of
money shall be paid to the Judge of the Court of Probate for
the County in which the said proceeding is pending ; and when-
ever such bond, recognizance or undertaking is authorized or
required to be given in any civil or criminal proceeding in a
Magistrate's Court or other Court of inferior jurisdiction, such
sum of money shall be paid to the Clerk of the Court of Com-
mon Pleas and General Sessions for the County in which such
Magistrate's Court or other Court of inferior jurisdiction shall
be.
Sec. 2835. Whenever any sum of money is so deposited in Receipt for.
lieu of a bond, recognizance or undertaking, the party deposit- ib.
ing the same shall be entitled to a receipt therefor, stating that
the same has been deposited, and is held for the same purpose
as would have been specified and conditioned in the bond,
recognizance or undertaking in lieu whereof the said sum of
money is so deposited.
The party or parties so depositing a sum of money in lieu of When to be
a bond, recognizance or undertaking shall be entitled upon ap
plication to the respective Courts wherein such deposits have
been made, and subject to the order of which such funds are
held, to receive back the same whenever the purposes for which
io82
CIVIL CODE
A. D. 1902.
1900, XXIII,
348 ; 1901
XXIII, 635.
^^""^^^^ ' the same have been received and deposited have been accom-
plished and the parties are entitled to repayment thereof.
ordeTplyiSnt ^®C' ^836. In cases where a minor becomes entitled to a sum
mino™s°'^&c. ^° of moncy not exceeding fifty dollars, in the settlement of
estates, or under the judgment, order or decree of any Court,
and such minor has no general or testamentary guardian to
whom such sum may be paid, and whose estate however de-
rived is, in the judgment of the Court in which the settlement
is made, or the judgment, order or decree is rendered, too small
to warrant the expense of the appointment of a guardian, it
shall and may be lawful for such Court, or the Judge thereof,
to make an order for the same to be paid to the minor, or the
father or mother of such minor, or if the father and mother
be dead to some other person for the benefit of such minor, as
to such Court or Judge may seem best.
Sec. 2837. In all cases referred to Masters and Referees by
nd'SreSthe Courts of Common Pleas, as now provided by law, the
^orts. ^^ '^^' Masters or Referees shall make and file with the Clerks of the
55Eiu Courts of Common Pleas of their respective Counties their re-
ports within sixty days from the time the action shall be finally
Penalty. submitted to them, and in default thereof they shall not be en-
Extension of titled to any fees : Provided, That nothing herein contained
shall prevent parties to said action or their attorneys from ex-
tending the time by mutual consent in writing.
Time pre-
scribed within
which Masters
1893,
ARTICLE II.
Certain Rights and Remedies.
Sec.
2838. Imputing want of chastity to
a female actionable.
2839. Payment by surety not to
discharge judgment against
principal.
2840. Payment by one surety not
to discharge as to co-surety.
2841. Joint debtor may make com-
position with creditor ; re-
lease and effect of ; partner-
ship debt, &c.
2842. Special entry of satisfaction
of judgment as to joint
debtor so compounding.
Sec.
2843. Rights of the other joint
debtors.
2844. Liability of Counties, &c., for
damages from lynchings.
2845. Trusts and combinations de-
clared against public policy.
2846. Penalties for.
2847. Liability for damages from ;
testimony in actions for,
&c.
2848. Rights employes of street
railways.
2849. Right of parties to settle
contentions by arbitration.
Section 2838. If any person shall utter and publish, either by
writing or verbally, any words of and concerning any female,
OF SOUTH CAROLINA. 1083
A. D. 1902.
imputing to her a want of chastity, the said person, so uttering ~~-'~v^^^
and pubhshing said words, shall and may be liable for dam- g^f™P^**^|J[^!^
ages in a civil action, brought by the said female of whom said damages.
words may be uttered and published, without proving any spe-j^/^-g^" 2308-
cial damage; subject, nevertheless, to the rules of evidence atg^g^' ^^•' ^^^'
common law.
Sec. 2839. The payment by a surety of a debt secured by ^^^f y^^^„\\y
judgment or decree shall not operate as a satisfaction of such ^'^g'^l^^^^^^j^j^lj
judgment or decree against the principal debtor, but by such P"ncipai.
payment the said surety shall be entitled to all the rights and j^ ^- g^- ^3^!
privileges of the plaintiff in such judgment or decree. xvi., 137, § 1.
Mcintosh V. Wright, Rich. Eq. Ca., 385; Thomson v. Palmer, 2 Rich. Eq.,
32; King V. Aughtry, 3 Strob. Eq., 149; Thomson v. Palmer, 3 Rich. Eq., 139;
Garvin v. Garvin, 31 S. C, 581; 10 S. E., 507. Surety embraces endorser. —
Wilson V. Wright, 7 Rich., 399; Patterson v. Baxley, 33 S. C, 354; 11 S. E.,
1065. Applies where there is judgment against principal and none against surety.
Kinard v. Baird, 20 S. C, 377. And if satisfaction has been entered, the surety
may have it set aside. — Perkins v. Kershaw, i Hill Ch., 344.
Sec. 2840. In case any surety in such judgment or decree onf^g^Tety* not
shall pay the same, such payment shall not operate as a satis- 1° ^J^sure'ty! ^^
faction of such judgment or decree as against the co-surety q g. 218I;
or sureties thereto, but such surety shall have the right to en- ^-2^' ^^^°' ^^"
force the execution on such judgment or decree against his
co-surety or sureties or for contribution.
Sec. 2841. Any joint debtor may make a separate composi-^Howj oi^nt
tion with his creditor as prescribed in this Section. Such a^^ke a sepa-
*^ rate composi-
composition shall discharge the debtor making it, and him t'o" °^ indebt-
only. The creditor must execute to the compounding debtor a — r — ^^^^
release of the indebtedness or other instrument exonerating i^ss, xviii.,
him therefrom. A member of a partnership cannot thus com-
pound for a partnership debt until the partnership has been
dissolved by mutual consent or otherwise. In that case the
instrument must release or exonerate him from all liability
incurred by reason of his connection with the partnership. An
instrument specified in this Section shall not impair the credi-
tor's right of action against any other joint debtor or his right to
take any other proceeding against the latter unless an intent to
release or exonerate him appears affirmatively upon the face
thereof.
Sec. 2842. An instrument specified in the last Section shall ^^j w^judg-
be deemed a satisfaction piece for the purpose of satisfying fggg"^^ ^^ ®^*'
any judgment recovered upon an indebtedness released or dis- j^ g. 2312-
charged thereby as far as the judgment affects the compound- ■^*-
ing debtor. When a judgment is satisfied thereby a special
io84 CIVIL CODE
A. D. 1902.
""^^^ ' entry must be made upon the judgment roll to the effect that
the judgment is satisfied as to the compounding debtor only.
• o¥f't^^d°btor S®c- 2843. When a joint debtor has thus compounded, a joint
Toi^ oundecf °* dcbtor who has not compounded may make any defense or
— R s 2313- counter claim or have any other relief as against the creditor
■'^^- to which he would have been entitled if the composition had
not been made. He may require the compounding debtor to
contribute his ratable proportion of the joint debt or of the
partnership debts, as the case may be, as if the latter had not
been discharged. And the debtor who has not compounded
with his creditor may set up by way of discount against such
creditor the amount compounded by his joint debtor.
iS'fo^da^^ Sec. 2844. In all cases of lynching when death ensues the
^^^^' County where such lynching takes place shall, without regard
^^1896, XXII., ^^ ^j^g conduct of the officers, be liable in exemplary damages
of not less than two thousand dollars, to be recovered by action
instituted in any Court of competent jurisdiction by the legal
representatives of the person lynched, and they are hereby
authorized to institute such action for the recovery of such ex-
emplary damages. A County against which a judgment has
fr^% uTiTy been obtained for damages in any case of lynching shall have
parties. ^.^^ ^j^.^^^ ^^ rccovcr the amount of said judgment from the
parties engaged in said lynching in any Court of competent
jurisdiction, and is hereby authorized to institute such action.
Liability exists whether party lynched was a prisoner or not. — Brown v.
Orangeburg Co., 55 S. C, 45; 32 S. E., 764.
c o'm^wnations Scc. 2845. All arrangements, contracts, agreements, trusts
aglinst ^public or Combinations between two or more persons as individuals,
P°'^'^y- firms or corporations, made with a view to lessen, or which
^1897, xxiL.^gj^^g ^Q lessen, full and free competition in the importation or
sale of articles imported into this State, or in the manufacture
or sale of articles of domestic growth or of domestic raw ma-
terial, and all arrangements, contracts, agreements, trusts or
combinations between persons or corporations designed or
which tend to advance, reduce or control the price or the cost
to the producer or to the consumer of any such product or
article, and all arrangements, contracts, trusts, syndicates, asso-
ciations or combinations between two or more persons as indi-
viduals, firms, corporations, syndicates or associations, that may
lessen or affect in any manner the full and free competition
in any tariff, rates, tolls, premium or prices, or seeks to control
in any way or manner such tariffs, rates, tolls, premiums or
OF SOUTH CAROLINA.
prices in any branch of trade, business or commerce, are hereby
declared to be against public policy, unlawful and void.
Sec. 2846. Whenever complaint is made upon sufficient affi-
davit or affidavits showing' a prima facie case of violation of ^^^^^^1-°^
or I c o r p o ration
the provisions of Section 2845 by any corporation, domestic or ^"t^^lT^g f^j!
foreign, it shall be the duty of the Attorney General to begin fe'ted; how.
an action against such domestic corporation to forfeit its char- -^^•
ter ; and for the purpose of such forfeiture he shall apply to any
Court of competent jurisdiction for an order restraining such
offending corporation, and in cases where in his discretion it is
necessary, for the immediate appointment of a receiver for such
offending corporation where such forfeiture affects a creditor
or creditors of such offending company; and in case such vio-
lation shall be established the Court shall adjudge the charter
of such corporation to be forfeited, and such corporation shall
be dissolved, and its charter shall cease and determine; and in
the case of such showing as to a foreign corporation an action
shall be begun by the Attorney General in said Court against
such corporation to determine the truth of such charge ; and in
case such charge shall be considered established, the effect of
the judgment of the Court shall be to deny to such corporation
the recognition of its corporate existence in any Court of law
or equity in this State. But nothing in this Section shall be
construed to affect any right of action then existing against
such corporation.
See Sec. 212 Criminal Code for punishment for violation of Sec. 2845.
Sec. 2847. Any person or persons or corporations that may injured party
be injured or damaged by any such arrangement, contract, ^a^jJages*^ ° "^^"^
agreement, trust or combination described in Section 2845 Jb.
may sue for and recover, in any Court of competent juris-
diction in this State, of any person, persons or corporation
operating such trust or combination, the full consideration or
sum paid by 'him or them for any goods, wares, merchandise
or articles the sale of which is controlled by such combination
or trust.
Any and all persons may be compelled to testify in any ah persons
action or prosecution under Sections 2845 to 2847 inclusive : tesu^y. ^
Provided, That such testimony shall not be used in any other K '
action or prosecution against such witness or witnesses, and
such witness or witnesses shall forever be exempt from any
prosecution for the act or acts concerning which he or they
testify.
io86 CIVIL CODE
A. D. 1902.
"■^^ ' Sec. 2848. Every employe of any street railway doing busi-
Feiiow serv-^sss in this State shall have the same rights and remedies for
sfr^et rSfways^ an injury Suffered by any person from the acts of omission of
1901, XXIII., said corporation, or its employes, as are provided by the Con-
'^^" stitution for employes of Railroad Corporations.
See Constitution, Art. IX., Sec. 15.
Sec. 2849. It shall be lawful for any and all persons, in
Arbitrations, cascs of disagreement or difference of opinion as to the proper
how to be con- . . . ^ -^
ducted. settlement of any contention that may hereafter arise to, and
1896, XXII. , either party to the contention may, propose to leave their differ-
ences to arbitration, each party to enter into bond in double the
amount involved to faithfully abide the result of arbitration.
The arbitrators shall be selected in the following manner : One
discreet person to be selected by each party to the contention,
and the two to select a third party who shall not be connected
with either of the principals by blood or otherwise; the three
shall proceed to organize by electing a chairman from their
number, and take the following oath each, to wit : I do solemnly
swear that I will duly consider all the evidence adduced by the
several parties to this contention, and I will render a true ver-
dict or findings according to law and the evidence.
vidfl^for ^'^°' '^^^ finding of said Board of arbitration shall be final : Pro-
vided, That either party to the contentions shall have the right
of appeal to the Circuit Court by serving written notice upon
the opposite party within five days after the finding of said
arbitration, setting forth the grounds of said appeal. And on
such appeal the Circuit Judge presiding in said Court shall
hear said appeal as to all questions of law and fact without the
intervention of a jury. If no such notice be given within five
days after said finding, then the award of arbitration shall be
final.
itt^oi^' ^^' The award of the arbitration shall be filed with the Clerk of
Common Pleas within five days after such finding and when so
filed shall become a judgment of the Court of Common Pleas
for such County.
bitraTors, &*cf "^ The Said arbitrators appointed as aforesaid shall have power,
to subpoena witnesses and send for papers with the same pow-
ers and penalties as now apply to Magistrates' Courts.
OF SOUTH CAROLINA.
TITLE II.
OF ACTIONS AND PROCEEDINGS THEREIN.
Chapter XCIII. Actions by and Against Executors and Ad-
ministrators.
Chapter XCIV. Witnesses and Evidence.
Chapter XCV. Jurors and Juries.
CHAPTER XCIII.
Action by and Against Executors and Administrators.
Sec.
2850. Certified copies of orders by
Probate Judge, evidence of
appointment of executors,
&c.
2851. Civil actions for wrongful
acts, &c., causing death.
2852. For whose benefit to be
brought by executor, &c. ;
measure of damages ; dis-
tribution of proceeds.
2853. Limitation ; costs.
Sec.
2854
2855
2856
When action barred.
Actions against trespassers.
Executions on judgments ob-
tained by deceased execu-
tors, &c.
2857. Actions against, when one or
more are out of the State.
2858. When action against may be
commenced.
2859. Survival of right of action.
Section 2850. It shall be the duty of the Judge of Probate, on
application by the executor or administrator of any deceased
person, to whom letters testamentary or of administration have
been respectively granted, to furnish a true copy of such order
as he may make, concerning the probate of the will, or grant-
ing of administration, certified under his hand, which shall be
sufficient evidence of the appointment of such executor or ad-
ministrator in any Court in this State.
Hankinson v. C. C. & A. Ry. Co., 41 S. C, i; 19 S. E., 206.
Sec. 2&51. Whenever the death of a person shall be caused
by the wrongful act, neglect, or default of another, and the
act, neglect, or default is such as would, if death had not en-
sued, have entitled the party injured to maintain an action and
recover damages in respect thereof, then, and in every such
case, the person or corporation who would have been liable, if
death had not ensued, shall be liable to an action for damages,
notwithstanding the death of the person injured, although the
death shall have been caused under such circumstances as make
the killing in law a felony.
Papers, to be
furnished exe-
cutors, &c., to
be evidence.
G. S. 2182;
R. S. 2314;
1789, v., 109,
§ 18; 1839, XI.,
62, § 17.
Civil actions
for wrongful
acts causing
death.
G. S. 2183;
R. S. 2315;
1859, XII., 825,
S 1.
io88 CIVIL CODE
A. D. 1902.
Sec. 2852. Every such action shall be for the benefit of the
For whose . "^
benefit to be wife or husband and child, or children, of the person whose
brought; meas- .
ure of dam- death shall have been so caused ; and if there be no such wife,
ages; distribu-
tion of amount or husband, or child, or children, then for the benefit of the
recovered.
— - — parent, or parents ; and if there be none such, then for the bene-
G. S. 2184; '^ ' t- !
R. s. 2316; fit of the heirs at law or the distributees of the person whose
1859, XII., 825; ^
1898, XXII., death shall have been caused as may be dependent on him for
788 ; 1901, -'. ^
XXIII., 743, support, and shall be brought by or in the name of the execu-
tor or administrator of such person ; and in every such action
the jury may give such damages, including exemplary dam-
ages where such wrongful act, neglect or default was the result
of recklessness, wilfulness or malice, as they may think pro-
portioned to the injury resulting from such death to the par-
ties respectively, for whom and for whose benefit such action
shall be brought. And the amount so recovered shall be di-
vided among the before mentioned parties, in such shares
as they would have been entitled to if the deceased had died
intestate and the amount recovered had been personal assets of
his or her estate.
This gives a new statutory action which is an asset, only enforceable by the
administrator or executor of deceased, and sufficient to support grant of admin-
istration.— In re Mayor's Estate, 6o S. C, 401; 38 S. E., 634; Edgar v. Castello,
14 S. C, 20; Davis V. R. R., 21 S. C, 93. And he has precisely the same right
to recover as the deceased would have if living and suing for damages for injury.
—Hooper v. R. R., 21 S. C, 541; Price v. R. R., 33 S. C, 556; 12 S. E., 413.
And release by person injured will debar such action. — Price v. R. R., 33 S. C,
556; 12 S. E., 413. Such action lies for benefit of adult children of deceased. —
Petrie v. R. R., 29 S. C, 303; 7 S. E., 515. The complaint must state who
are said beneficiaries and that the action is for their benefit. — Lilly v. R. R., 32 S.
C, 142; 10 S. E., 932; Nohrden v. N. E. Ry. Co., 54 S. C, 492; 32 S. E., 524.
The right is given irrespective of time deceased survived after the injury. — Reed
V. N. E. Ry. Co., 37 S. C, 42; 16 S. E., 289. Circuit Judge may grant new
trials on account of excessive verdicts as in other cases.- — Stuckey v. A. C. L.
Ry. Co., 57 S. C, 395; 3S S. E., 550. Evidence as to actual damages. — Young-
blood V. S. C. & G. R. R. Co., 60 S. C, 9; 38 S. E., 232. Suffering of deceased
not an element of. — Stuckey v. Atlantic Coast Line R. R. Co., 60 S. C, 237; 38
S. E., 416. What are.— Nohrden v. N. E. Ry. Co., S9 S. C, 87; 37 S. E., 228.
Pecuniary loss need not be shown. — Mason v. So. Ry. Co., 58 S. C, 70; 36 S. E.,
440; Strother v. S. C. & G. R. R. Co., 47 S. C, 375; 25 S. E., 272. Exemplary
damages were not recoverable prior to the amendment of 1901. — Garrick v. Ry.
Co., 53 S. C, 575 ; 31 S. E., 334; Nohrden v. Ry. Co., 54 S. C, 492; 32 S. E., 524.
It does not give right to sue County after death of party injured through defec-
tive bridge. — All v. Barnwell Co., 29 S. C, 161; 7 S. E., 58.
costs.*™' ^ *°°' Sec. 2853. All such actions must be brought within two
G. s. 2185; years from the death of such person, and the executor or ad-
' ■ ministrator, plaintiff in the action, shall be liable to costs, in
case there be a verdict for the defendant, or non-suit or dis-
continuance, out of the goods, chattels, and lands of the tes-
tator or intestate, if any, and if none, then out of the proper
goods and chattels of such executor or administrator.
OF SOUTH CAROLINA.
Sec. 2854. The provisions of the three preceding Sections
of this Chapter shall not apply to any case where the person. ^^^.^".^'=^'°"
injured has, for such injury, brought action, which has pro- — ^ g ^^^g.
ceeded to trial and final judgment before his or her death. ^-^s. 2318; ib.,
Price V. Ry. Co., 33 S. C, 556; 12 S. E., 413.
Sec. 2855. Executors in cases of trespass done to their tes- A'^tions against
■■- trespassers.
tators, as of the goods and chattels of the same testators carried ■ — ~ — ;
away in their life, shall have an action against the trespassers, gj s.^ 2319; ^4
and recover their damages in like manner as they, whose ^''^2, 11., 425.
executors they are, should have had if they were in life.
Middleton v. Robertson, i Bay, 58; Huff v. Watkins, 20 S. C, 477.
Sec. 2856. Where any judgment after a verdict shall be had •u|fm"ents"%°b"
by or in the name of any executor or administrator, an admin- ll'^^ld ^execu-
istrator de bonis non may take out execution upon such judg-'^"'"^' ^^-
ment g. s. 218S;
"^ *-• R. S. 2320; 17
Sec. 2857. In cases where there are two or more executors {^-^g ii 521^'
or administrators to any estate, and any one or more of them Actions
has withdrawn, or shall withdraw, or reside out of the State, ff^^g'"^*!^^^''^^''^;
it shall and may be lawful for any creditor or person having °J^^ ™°/^ ^ \^l
right or cause of action against such estate, to commence his ^^^^^-
action against all the executors or administrators, naming andj^ *^-g^- |^|^:
setting forth therein the executor or administrator, one orl'^^^' ^^^-^ ^^^'
more, who is or are out of the State; and the summons being
served in the usual form upon those who are within the State,
the suit shall be deemed to be good and effectual in law, to all
intents and purposes; saving only, that the judgment in such
cases shall not extend to work any devastavit upon the person
or persons so absent, or to affect him, her, or them in their
private right.
Sec. 2858. No action shall be commenced against anv execu- When actions
. . ° ■' may be com-
tor or adm.mistrator for the recovery of the debts due by the "fenced,
testator or intestate, until twelve months after such testator or g. s. 2190;
intestate's death. i789, v., \vi,
§27; 1885, XIX,
Judgment sustained where rendered after the twelve months though suit was 158.
commenced within that period. — Hendrix v. Holden, 58 S. C, 495; 36 S. E.,
loio. Such time must be added to the time fixed by the Statute of Limitations
for bringing such action. — Moses v. Richard, 2 N. & McC, 259; Nicks v. Martin-
dale, Harp., 136; McCullough v. Speed, 3 McC, 345; Wilks v. Robinson, 3 Rich.,
182; Lawton v. Bowman, 2 Strob., 190; Moore v. Smith, 29 S. C, 234; 7 S. E.,
485. Does not apply to executors de son tort. — Chambers v. Davidson, i Hill, 50
Applies to action in equity against heirs or devisees. — Cleveland v. Mills, 9 S.
C, 430. Does not apply to actions commenced in lifetime and continued against
the personal representative. — Quick v. Campbell, 44 S. C, 386; 22 S. E., 479.
69.— c
I090 CIVIL CODE
A. D. 1902.
^"-'"^'^"^ Sec. 2859. Causes of action for and in respect to any and all
ri'^ht'^of^action ^"i^^^^^ ^^^ trcspasscs to and upon real estate shall survive
— ^~~^~~^^both to and against the personal or real representative (as the
1S92, XXI., IS. Q^gg j-fj^y ]-,g^ Qf deceased persons, and the legal representatives
of insolvent persons, and defunct or insolvent corporations, any
law or rule to the contrary notwithstanding.
Applied. — Allen v. Union Oil and M'f'g Co., 59 S. C, 571; 38 S. E., 274.
CHAPTER XCIV.
Witnesses and Evidence.
Article i. Attendance of Witnesses.
Article 2. Examination of Witnesses by Commission.
Article 3. Examination of Witnesses before Clerk and Depo-
sitions de bene esse.
Article 4. General Provisions Respecting Evidence.
ARTICLE I.
Attendance of Witnesses,
Sec.
2860. Allowance of charge for wit-
nesses, &c.
2861. Clerks of Courts to subpcsna
witnesses.
2862. How subpcensed when living
in another County.
2863. Pay of witnesses in civil
cases ; to be paid by party
summoning.
Sec.
2864. Pay of, in Magistrate's Court.
Court.
2865. Penalty for default of at-
tendance.
2866. Penalty for refusing to tes-
tify.
2867. Prisoners ; how to be brought
into Court as witnesses.
charge for wit- Sectloii 2860. In any bill of costs there shall not be allowed
'■ — ^ — the charge of more than three witnesses to the proof of any one
G S 2192; ,
R. 's. " 2324; particular matter of fact.
1755 VII '19
§ 18. " " ' Sec. 2861. The Clerk of every Circuit Court shall, upon the
Clerks o f rcqucst of either party, issue one or more subpoena or subpoenas
Courts to sub- . . ., i -j
p ce n a wit- lor any person or persons to attend as witnesses m any cause
nesses; what to , ,. . , . . ',
b e expressed Or matter depending m the same, expressing in every subpoena,
in subpcena. , . , , , , . , ^.
the time and place where the witnesses are to appear, the names
G S 2193 • . ...
R. s. 2325; lb. of the parties to the suit or cause wherein they are to give evi-
dence, and at whose request they are summoned.
Defendant entitled to subpcena a witness to testify on sentence day to ex-
tenuating circumstances. — State v. Smith, 2 Bay, 62. A witness under subpcena
duces tecum, not required to testify. — Treasurer v. Moore, 3 Brev., 550; Sher-
man V. Barrett, i McM., :47.
OF SOUTH CAROLINA. 1091
A. D. 1902.
Sec. 2862. If any witness shall be an inhabitant of another
/"■ 1 /—I 1 11 • How subpoe-
County, the Clerk shall issue a subpoena directed to the Sheriff naed when liv-
. ing in another
of such County where such witness usually resides, which shall County.
be by such officer executed, and returned to the office whence g. s. 2194;
. . . R. S. 2326; lb.
the same issued.
Sec. 2863. Every person summoned to appear as a witness, ^^^^1^ fn dvii
in the Common Pleas or Probate Courts, shall be paid, by the^|-^^',jy*°p^j.j^
person or persons at whose suit the summons issued, one dol- summoning.
lar for every day's attendance on such summons, and, also, thCgig-^'l^ig-XTli'
sum of five cents per mile for coming to Court, and the same^gg-- y*^' Hf
for returning-, to be computed by the shortest practical route ^^^'^.-^l^'glos
to be traveled over any regular established highway, besides^- ^- ^^^''■
ferriages, to be paid by the party summoning such witness,
which said allowances shall be ordered by the Court, upon mo-
tion, and a copy thereof issued and tested by the Clerk, at any
time, upon request.
Witness subpoenaed by successful party has no right of action against the
other for his costs. — Clement v. Bagley, 2 McC, 244. They are taxed to the
successful party. — Sims v. Anderson, i Hill, 394; Kirkley v. Nolly, i Hill, 398;
Johnson v. Wideman, Chev., 26. Subpoena and affidavit of attendance by wit-
ness required to have his costs taxed. — Clark v. Linsser, i Bail., 187. But
Notary's certificate of such attendance is sufficient. — Winsmith v. Dewberry, 14
S. C, 554. Now, it seems that a witness who attends voluntarily and without
subpcena is entitled to his fees. — Lewis v. Brown, 16 S. C, 58. Witness inter-
ested in suit cannot have his costs taxed. — Rice v. Palmer, 2 Bail., 117. Nor
when not sworn, although subpoenaed, unless material or believed to be so. — •
Taylor v. McMahan, 2 Bail., 131; Farr v. Farr, 2 Hill, 554; Bogan v. White,
Dud., 316; Love v. Ingram, 2 Speer, 74. Witnesses subpcenaed for defendant in
criminal case not entitled to costs. — Little v. Todd, 3 Rich., 91. As to mileage. —
Speigener v. Cooner, 9 Rich., 120.
Sec. 2864. Witnesses summoned to testify in civil causes in M^^g i °t rate's
Magistrate's Courts, shall receive fifty cents per day for each ^""'"t^-
day's attendance, and the same mileage as is allowed in thcR^'g^' 2328-
Circuit Courts. ^■^•' ""'• § '■
Sec. 2865. If any person summoned as aforesaid, or sum- ^ o ^n e°d ,^and
moned to attend before commissioners appointed to take his [fnd?^o be fi^n-
or her examination and deposition, shall fail to attend accord- tempt,°and'^fia-
ingly, he or she so failing shall be fined by the Court f of a con- ^ges ^°usta1ned
tempt, and shall be liable to the action of such party at the tes^im^ny!^ °^
common law for all damages sustained for want of such wit- q. s. 2198;
ness's testimony; but if the person so failing to attend shall, ^§5 yii., ^219!
at the Court to which the summons is returnable, or at the next 249,^ '§^if^' ^"
succeeding Court, show cause, satisfactory to the Court, of his
or her disability to attend at the time he or she ought to have
appeared, then no fine or forfeiture shall be incurred by such
failure.
Punishment for contempt after termination of case. — Johnson v. Wideman,
Dud., 70.
CIVIL CODE
Sec. 2866. If any person summoned as a witness, upon his
not^aTswlnng'^ °^ ^^^ appearance before the Court, or before commissioners
— G s 2199- appointed to take his or her examination and deposition, or
R. s. 2330; lb. other officer authorized by law, shall refuse to give evidence,
or answer to the interrogatories and cross-interrogatories, or
any of them, annexed to the commission, on oath, affirmation,
or otherwise, (as the case may be,) to the best of his or her
knowledge, every person so refusing shall be committed to
the common jail, there to remain until he or she shall give such
evidence.
h o^w 'To^'^bl Sec. 2867. Whenever it shall be necessary to bring any
Cmlrt^^s Vit° prisoner into Court as a witness in any case, it shall be lawful
°^^^^- for the presiding Judge to order such prisoner to be brought
R.^'s^' 2331; into Court, without the necessity of a writ of habeas corpus;
1808, v., 571, ^^^ when the said prisoner shall have given his evidence, to
cause him to be remanded to the custody of the officer to whose
keeping he shall have been originally committed.
ARTICLE 11.
Examination of Witnesses by Commission.
Sec.
2868. Judge or Clerk may grant
commissions ; in what cases.
2869. Notice of application, wlien
and on whom to be served ;
affidavit.
2870. When personal attendance of
the witness at trial may be
compelled, and how.
2871. Officers of State Hospital for
the Insane may be exam-
ined by commission, &c.
2872. Subpoena for witnesses to be
issued.
2873. When to be served ; fees of
witnesses ; how and when
to be paid.
Sec.
2874. Attachment for contempt
against defaulting wit-
nesses ; proceedings for.
2875. Subpoenas to witnesses on
commissions from other
States ; by what authority
issued.
2876. Time of service ; fees of wit-
nesses ; penalties and pro-
ceedings same as in cases
pending in State.
2877. Witnesses unable to leave
home by reason of age, &c.,
to be attended by Commis-
missioners ; their liability
in certain case.
Judges and
Clerks may • ^ in
grant commis- Section 2868. Any ludge or Clerk of the Circuit Court shall
sions to exam- j j o ^
i n e witnesses havc powcr and authority, on the application of any party to
cases; ten days' a suit oendinsf in the Court of Common Pleas for his County,
notice of ap- i- o . , .
plication to be which application may be made to him bv the partv, either in
served on op- ^ -^ ■' '.'..,
posite party; person or bv agent or attorney, to grant commissions, under
other provisos. '^^ . o ^ <j ^ ^
^ ^ ^„^„ the seal of the Court, directed to three or more commissioners,
G. o. 2202;
R. s. 2332; authorizing and empowering them, or any two ot them,
1787, v., 45, ^ JT o . , .
§ 6; i79i, v., to take the depositions, in writing, of the witness or
vi!, 44,' § ij witnesses therein mentioned, resident without the limits
i8o9, .A.1.1 107)
§ 16.
OF SOUTH GATIOLINA. 1093
• A. D. 1902.
of the State or County where the trial is to be had, ^""""v
or that reside at a greater distance than one hundred
miles from the Court where said action is instituted, or may
be about to remove without the limits of the State before the
sitting of the next Court, or before the suit will stand ready
for trial, or whose presence cannot be procured by reason of
indispensable attendance on some public official duty, or pro-
fessional duty as an attorney at such time, or of such sickness
or infirmiity as incapacitates such witness or witnesses from
traveling in order to appear and testify, touching such matters
as they may have in charge by such commission.
The attorney of the party can apply for commission.- — Brooks v. Brooks, 16
S. C, 621. And commission may be issued by Deputy Clerk.— 7&. Signature
of Clerk by Deputy. — Miller v. George, 30 S. C, 526; 9 S. E., 659. The depo-
sitions may be taken in a foreign language. — Kuthman v. Brown, 4 Rich., 479.
They cannot include statement of witness made by refreshing his memory from
paper not sent with commission nor referred to in interrogatories. — Floyd v.
Mintsey, 7 Rich., 181. Interrogatories may be first objected to at trial. — Mc-
Bride v. Ellis, 9 Rich., 269; Bridger v. R. R., 25 S. C, 24. Defendant about to
leave State cannot have commission to examine himself. — Stones v. Jones, 4
McC, 254. It will not be granted for sickness or infirmity unless shown. —
Carloss v. Colclough, i Brev., 462. Waiver of objection that Commissioners
were not sworn. — Nobles v. Hogg, 36 S. C, 322; 15 S. E., 359.
Sec. 2869. Ten days' notice of such application, with a copy given,' &c. °
of the interrogatories propounded, be served upon the opposite g. s. 2202;
party or attorney, who shall have leave to resist such applica-
tion, on cause shown : Provided, also, That such application be
accompanied by an affidavit of the party applying, declaring his
or her belief of the materiality of any witness proposed to be
so examined, together with the fact which may entitle the party
to such commission.
Clerk should not issue commission unless the service of the notice has been
personally made or knowledge thereof ten days before has been shown. — Gooday
V. Corles, Strob., 199.
Sec. 2870. Either party to a cause in which a commission ance°'^of wit-
has been issued may, in the discretion of the Court, on motion, compeii^L^
and upon showing that two days' notice thereof has been given g. s. 2202;
1 R S 2334
to the adverse party or attorney, be entitled to a rule to compel
the personal attendance of any witness so examined, who may
reside within the County, or not more than thirty miles from
the Court House where the trial is to be had.
Sec. 2871. Whenever the testimony of any officer at the State ^Tes^^'^f^g^^^f
Hospital for the Insane shall be required in a Court of justice, ^^^"/pj^ai^^fo^r
in a civil cause, the same may be taken by commission; nor^^|P^\<=^^^i
shall his or her personal appearance be required, unless it shall causes.
be made to appear to the Court, by affidavit, that justice cannot j^/^- g^- §35!
be done without such personal presence in Court. f^' ^^•' ^^^'
1094 CIVIL CODE
A. D. 1902.
^ Sec. 2872. Where a commission shall issue, by consent of
misskm^ssues^ parties or otherwise, out of any Court of judicature in this
witnesses to°be State, to examine any witness or witnesses residing within
'^^"^'^^ this State, touching any matter or thing depending in such
R ^' s^' 2336- Court, the said Court shall have power, and is hereby required,
1794, v., 249, ^Q issue a subpoena, in due and legal form, commanding such
witness or witnesses to attend before the Commissioners named
in the commission, at a certain time, and at some place not
more than fifteen miles from the residence of such witness qr
witnesses, respectively, and answer on oath, according to their
knowledge, to the interrogatories and cross-interrogatories
annexed to the said commission.
na^toVe"serv- Scc. 2873. Such subpocua shall be served on the witness or
beforT°attend^ witncsscs personally, at least two days before the time at which
n"e s s°es Ts re- attendance is required by it ; and such witness or witnesses, so
witnesses^" °* attending and giving evidence, shall be entitled to the same fees
G. s. 2205; as witucsscs in civil cases summoned before a Circuit Court
fb., %i^^^l\ foi* every day of necessary absence from home, and his or her
399?' § 5.^ ^ ^" necessary ferriages in going to and from and attending the said
Commissioners, to be paid by the party obtaining the commis-
sion, or his or her agent, before it is delivered out of the hands
of the commissioners, who are hereby authorized and required
to estimate the number of days for which payment is allowed
as aforesaid, and to retain the commission till such payment be
made.
Fees to be taxed as costs. — Kirkly v. Nolly, i Hill, 398.
How wit- Sec. 2874. Nothing contained in this Chapter shall author-
nesses t o b e _ ° -^
punished f o r j^e Commissioncrs to attach or commit persons summoned as
con tempt in _ -^ ^
not attending witncsscs, but any of the Circuit Courts of this State, on such
before commis- _ -' _
signers. subpoeua as is herein mentioned being produced, and satisfac-
r. ^- c^" of So' tory information made on oath that it was personally and in
1794, v., 249, due time served on any witness therein named, who refused or
neglected to attend, according to the command of the said
subpoena, or, attending, refused to answer as aforesaid, shall
have power, and is hereby required, to order an attachment
against such witness, to appear and answer for such neglect
or refusal, as for a contempt of the Court; which attachment
shall be served and executed by the Sheriff of that Court where
it was awarded, or his deputy, and shall run into any part of
the State; and such other proceedings shall be had thereon as
are usual and allowed in other cases of attachment for con-
tempt.
OF SOUTH CAROLINA. 1095
A. D. 1902.
Sec. 2875. Where a commission shall issue out of any Court
of judicature of the United States, or of another State, to ex- witnesses to
• ' ' attend and give
amine any witness or witnesses residing- in this State, touchins: ^ v i d ence on
•' o > o commi s s 1 o n
any cause, matter, or thing depending in such Court, the per- fr o m o t h e r
son having obtained such commission, or his or her agent, shall — - —
° ' *= ' G. S. 2207;
produce it to a Judge of the Supreme or Circuit Courts of this R- s. 2339;
State, who, on being satisfied of its authenticity and regularity,
shall direct a subpoena to issue in due form from the Clerk's
office of the nearest Circuit Court, in like manner as is provided
by Section 2872 of this Chapter in cases where commissions
are issued out of the Courts of this State.
Sec. 2876. Such subpoena shall be served within the same
time, and such witness or witnesses, so attending and giving To have same
evidence, shall be entitled to the same compensation, to be as- able to same
.. ... .. ..pena Ities as
sessed and secured m the same manner, and m case of neglect w i t n esses in
or refusal to attend or refusal to give evidence, shall be liable in this state.''
to the same actions, pains and penalties, and to be proceeded g. s. 2208;
against in the same manner, as is provided by Sections 28741794, v., 249)
and 2877 of this Chapter for the case of witnesses to be ex-
amined in causes pending in this State.
Sec. 2877. Nothing contained in this Chapter shall be held
to extend to persons unable to leave home by reason of age, able to leave
infirmity, sickness, or bodily hurt, all of which persons, when- s o n ' o f age,
ever it may be necessary to examine them by commission in tended by com-
causes depending either in this State or other States, shall be able for^am-
attended by the Commissioners ; and in case of their refusal to received f or
give evidence, or to answer to the interrogatories and cross- testimony,
interrogatories under any such commission, shall be liable to g. s. 2209;
the action of the party who may be injured by the want of their " ' ' "
testimony, and shall make reparation in damages for such
injury.
Such witnesses can be examined only by commission. — Owens v. Foreman,
Bail. Eq., 165.
CIVIL CODE
ARTICLE III.
Examination of Witnesses Before Clerk and Deposi-
tions De Ben^e Esse.
Sec.
2878. Clerks of Court may take de-
positions ; application and
notice ; examination ; certi-
ficate, «&c.
2879. Power of Clerk to compel at-
tendance of witnesses.
2880. Clerk's fees.
2881. Depositions de bene esse,
when testimony may be
taken by ; by whom ; no-
tice, when to be given and
what to state, &c.
Sec.
2882.
28S3.
Testimony to be reduced to
writing and subscribed by
deponent.
Duty of officer in respect to
the delivery or transmission
of deposition to Court ;
when it shall not be used.
Co^urt' m'a°y Sectloii 2878. The Clerks of the Courts of Common Pleas in
tf^ns'^right°sVf t'^^s State, in all civil causes or proceedings at issue in the
depositi'on^'To Courts of ComiTion Pleas for their respective Counties, shall,
be certified, ^pgn the application of either party to such cause or proceed-
R.^'s^' 2342'; ^^S> after ten days' notice to the adverse party, take, in writing,
XV., 41, § 1. |.j^g depositions of said party, or of any witness or witnesses in
said cause or proceeding, whose examination shall be required
b}' the party making such application ; upon taking which depo-
sitions, the several parties shall be entitled to the same rights
of examination, cross-examination, and examination in reply,
and the same exceptions to the admissibility of evidence, as are
allowed by law upon examination before the Court. And the
depositions so taken shall be certified by the Clerk before whom
such examination was had, and may be read in evidence at the
trial of the said cause or proceeding; subject, nevertheless, to
the right of either party to require the personal attendance and
viva voce examination of the witness or witnesses at the trial
of said cause or proceeding; the exercise of which right, how-
ever, not to cause a continuance or delay in the trial of the
said cause or proceeding.
Testimony so taken before the action commenced is not admissible at trial. —
Ivy V. Clawson, 14 S. C, 267. It may be required to be read at trial, although
witness is present. — McLaurin v. Wilson, 16 S. C, 402. This Section does not
limit power of Circuit Judge to order reference to take testimony. — McSween v.
McCown, 21 S. C, 371.
Sec. 2879. Everv Clerk of the Court of Common Pleas shall
Power to
compel, attend-
faiiTre ^avc powcr to compcl the attendance before him of the witness
ance of
nesses
^^\ty%^'^'^^^' or witnesses to be examined, as aforesaid, upon the application
: of a party to any civil cause or proceeding at issue in the said
22n;
G. S.
XV ^41 11*^' Court; for which purpose he may issue a subpoena to any such
OF SOUTH CAROLINA. 1097
A. D. 1902.
witness, which shall be served personally; and if any witness, ^^""^v^^'
upon whom such subpoena has been duly served, shall faij to
attend conformably thereto, the Clerk by whom the same was
issued shall have power to issue a rule, requiring such witness
to show cause why he should not be attached for contempt;
and, upon the failure or neglect of such witness to show cause,
the said Clerk shall have power to issue an attachment against
such witness for contempt, which attachment shall not be dis-
solved, except by the order of a Judge, or of the said Clerk.
Sec. 2880. Every Clerk of the Court of Common Pleas, for f^^^elmina'^
taking the depositions hereinbefore mentioned, shall be entitled nesses. °^ ^"'
to demand and receive the sum of one dollar for each witness g. s. 2212;
examined, to be paid by the party against whom judgment f^;^ §\ ^^**'
shall be rendered in said cause or proceeding.
Sec, 2881. In addition to the methods for taking testimony ^^^^''^^j^y^bg
now provided by law the testimony of any witness may be ^^^^^^ "X ^beZ
taken in any civil action depending in the Court of Common "hom.''"'^ ^^
Pleas for any County within this State by deposition de bene r_ 3. 2845;
esse, where the witness lives without the County in which suchg^lf' ^viii.,
cause is to be tried, or at a greater distance from the place of
trial than one hundred miles, or is bound on a voyage to sea,
or is about to go out of this State or out of the County in which
the cause is to be tried, or to a greater distance than one hun-
dred miles from the place of trial before the time of trial, or
when he is aged or infirm. The deposition may be taken before
any Circuit Judge of this State, or the Clerk of any of the Cir- taSn!' ™^^ ^^
cuit Courts of this State, or any Magistrate or Notary Public
of this State, or any Chancellor, Justice or Judge of a Supreme
or Superior Court, Mayor or Chief Magistrate of a city. Magis-
trate, Judge of a County Court or Court of Common Pleas, or
any of the United States or the Dominion of Canada or King-
dom of Great Britain, or any Notary Public not being of coun-
sel or attorney to either of the parties interested in the event
of the cause. Reasonable notice, not less than ten days, must
first be given in writing by the party or his attorney proposing
to take such deposition, to the opposite party or his attorney
of record, as either may be nearest, which notice shall state
the name of the witness and the time and place of the taking of
his deposition; and whenever, by reason of absence from the
State and want of an attorney of record or other reason, the
giving of the notice herein required shall be impracticable, it
shall be lawful to take such depositions as there shall be urgent
1098 CIVIL CODE
A. D. 1902.
necessity for taking, upon such notice as any of the Circuit
Judges of this State shall think reasonable and direct. Any
person may be compelled to appear and depose as provided by
this Section in the same manner as witnesses may be compelled
to appear and testify in Court.
Requirements as to contents of notice. — Wallingford v. W. U. Tel. Co., 60
S. C, 201; 38 S. E., 446; Henderson v. Williams, 57 S. C, i; 35 S. E., 261.
Appearance waives defect in notice. — Sloan v. Hunter, 56 S. C, 385; 34 S. E.,
658. Permanent residents of another State can be so examined. — Moore v.
Williard, 30 S. C, 615; 9 S. E., 273. Such depositions may be taken without in-
terrogatories.— lb. Party has right at any stage of the case to call for such testi-
mony of witness on behalf of other party. — Petrie v. R. R., 27 S. C, 64; 2 S. E.,
837. A witness being shown to be a non-resident when deposition was taken, is
presumed to be such at time of trial in absence of testimony to the contrary. —
Kaughman v. Caughman, 49 S. C, 159; 27 S. E., 16. Declarations against inter-
est in testimony taken under this Section. — McGahan v. Crawford, 47 S. C, 566; 25
S. E., 123.
be'^reduce'd' to ^®^" ^^^^* Evcry pcrson deposing as provided in the preced-
writing. ing Sections shall be cautioned and sworn to testify the whole
^^R. s. 2346; truth and carefully examined. His testimony shall be reduced
to writing by the officer taking the deposition, or by himself in
the officer's presence, and by no other person, and shall, after it
has been reduced to writing, be subscribed by the deponent.
be^mainid"b° ^^^" ^^83. Evcry deposition taken under the provisions of
the ..^'^agistrate ^he two preceding Sections shall be retained bv the officer
until delivered jr ca
to the Court, taking it until he delivers it with his own hand into the Court
j^- S- 2347; for which it is taken, or it shall, together with a certificate of
the reasons as aforesaid of taking it and of the notice, if any,
given to the adverse party, be by such officer sealed up and
directed to such Court, and forwarded to such Court either by
mail or express, and remain under his seal until opened in
Court. But unless it appears to the satisfaction of the Court
that the witness is then dead or gone out of the County or
When such State, or to a greater distance than one hundred miles from the
deposition shall ' °
not be used, place whcrc the Court is sitting, or that, by reason of age, sick-
ness, bodily infirmity or imprisonment, he is unable to travel
and appear at Court, such deposition shall not be used in the
cause.
Such testimony is not admissible, unless officer taking it certify the reasons
for doing so. — Featherston v. Dagnell, 29 S. C, 45; 6 S. E., 897. Nor unless
the stated reasons of inability of witness to attend Court appear to the Court at
trial. — lb. Where depositions in due form are signed with the name and title
of the officer, and sealed, and are received by the Clerk of the Court, in sealed
package, by mail, there is substantial compliance with the requirements of this
and preceding one. — Bulwinkle v. Cramer, 30 S. C, 153; 8 S. E., 689. Certifi-
cate and seal of the Notary sufficient evidence that he was a Notary and that the
witness was sworn. — Moore v. Willard, 30 S. C, 615; 10 S. E., 390. The Stat-
ute does not require the certificate to be under the seal of the officer taking it;
nor to state where the examination took place. — Wallingford v. W. U. Tel. Co.,
60 S. C, 201; 38 S. E., 446. Sufficiency of certificate. — Henderson v. Williams,
OF SOUTH CAROLINA.
57 S. C, i; 35 S. E., 261. Exhibits introduced need not accompany deposition. —
Stoddard v. Hill, 38 S. C, 385; 17 S. E., 138. Package containing testimony;
how to be transmitted and certified.^ — Travers v. Jennings, 39 S. C, 410; 17
S. E., 849.
1099
D. 1902.
ARTICLE IV.
General Provisions Respecting Evidence.
Sec.
2884. When signature of witness to
bond or note need not be
proved.
2885. Same, where defendant is ex-
ecutor, &c.
2886. When protest of Notary suf-
ficient evidence of notice.
2887. Survivor of transaction im-
peached for fraud compe-
tent ; exception.
2888. Attested copies of Acts, re-
cords, &c., good evidence.
2889. Copy municipal records.
2890. Laws of other States ; how
proved.
2891. Transcript from minute books
of former Courts.
2892. Copies of certain instruments
kept in a public office ; 30
days' notice required, &c.
2893. Certificates of State Superin-
tendent of Education.
2894. Certified copies of entries in
Sheriff's book ; ten days'
notice required, &c.
2895. Copies of grants and plats
issued by this State and
North Carolina ; when ad-
missible.
Sec.
2896. Certified copies of deeds of
land ; notice.
2897. Certified copies of instru-
ments other than wills.
2898. Foreign instruments.
2899. Restriction upon use of cop-
ies of foreign instruments.
2900. Farmers' and planters' books
receivable in evidence ;
when.
2901. Books not admissible to prove
debt for liquors sold ; when.
2902. Medical books may be read in
addition to expert testi-
mony.
2903. Application for leave to sub-
stitute new records for re-
cords of judgments, &c.,
lost or destroyed ; and pro-
ceedings thereon.
2904. Testimony as to lost deeds,
&c.
2905. Order as to at Chambers.
2906. Record to be made.
2907. Other proof admissible.
2908. Costs of proceedings.
Section 2884. The absence of a witness to any bond or note
shall not be deemed a good cause, by any Court of justice, for
postponing a trial respecting the same ; but the signature to such
bond or note may be proved by other testimony ; unless the de-
fendant, in his answer, shall swear, or affirm, according to the
form of his religious profession, that the signature of the bond
or note in suit is not his or hers.
This Section applies only to bonds and notes. — Townsend v. Covington, 3
McC, 135. See also Harper v. Solomon, i Brev., 3; Manigault v. Deas, i McC,
391; McGowan v. Reid, 2^ S. C, 262; 3 S. E., 337. Signatures by mark. — Ger-
vais V. Beard, 2 BrCv., 37. Witnesses to endorsement. — Madden v. Burris, i
Brev., 387; Plunket v. Bowman, 2 McC, 85; Myers v. Taylor, i Brev., 245;
Bussey v. Whittaker, 2 N. & McC, 374; Brown v. Edgar, 4 McC, 91.
In absence of
w i t n esses to
bond or note,
signature may
be proved by
other t e s t i -
mony, unless
defendant
swears that
s i g n a ture is
not his.
G. S. 2213;
R. S. 2348;
1802, v., 485.
iioo CIVIL CODE
A. D. 1902.
^-"^^^^■^ Sec. 2885. In case the defendant or defendants should be
is ■'"e x^e c"uto"! ^^^^^tors or administrators, the cause shall not be postponed
f^-' be^^^s't- ^^^ want of the subscribing witness to the bond or note in suit,
he"s^wears"t hat ^^^ ^^^ siguaturc may be proven by other testimony ; unless one
nature "^ir nft °^ ^^^ cxccutors or administrators, who are defendants, shall
testator's. swcar, or affirm, as aforesaid, in his answer, that they have
R.*^'s^' 2349- ^^^^^^ to believe the signature to such bond or note is not the
■^^- testator's or intestate's, as the case may be.
te?t°*Yufficfen°t ^cc. 2886. Whenever a Notary Public, who may have made
tlry^"b? dead^ protcst for uon-paymcut of any inland bill or promissory note,
aifotheV Coun" ^^^^^^ ^^ dead, or shall reside out of the County in which said
^Z: bill or note is sued, his protest of said bill or note shall be re-
R.^'s^' 2350; *^^^v^d ^^ Sufficient evidence of notice in any action by any
1822, VI., 182, person whatsoever, against any of the parties to such bill or
note.
Prior law stated in Williamson v. Patterson, z McC, 132. Proof of notice. —
Dobson V. Laval, 4 McC, 57; Bank v. Green, 2 Bail., 230; Aiken v. Cathcart, 2
Speer, 642. Clerk of Notary may prove from record. — Sharp v. Bingley, i Mill,
373; Haig V. Norton, i Mill, 423.
a ^trJnlacdon ^60. 2887. In any proceeding in any of the Courts of this
fraud,^^^ compel State in which any transaction shall be impeached for fraud by
peHaWe'lo'^tM- ^ Creditor, or creditors, of either party to such transaction, or
^'^y- by any other person interested in establishing such fraud, the
R.^'s^' 2351; survivor, or survivors, of the parties to such alleged fraud,
1876, XVI., 38. y^Y^Q^ Qj^g Qj. niore of the said parties shall be dead, shall be
competent and compellable to testify in behalf of such creditor
or creditors, or other person interested in establishing such
fraud, any law, rule, or usage to the contrary notwithstanding :
Provided, That nothing herein shall render such survivor, or
survivors, competent to testify in relation to such transaction
in their own behalf in any proceeding instituted by him or
them : Provided, further, That nothing herein shall render any
person incompetent as a witness who is now competent under
the laws and usage of this State.
.^Attested^cop- gg^^ 2888. An attested copy of any Act or ordinance of the
good'^lvidence! General Assembly of this State, signed by the Secretary of
G. s. 2217; State, and also attested copies of all records, signed. by the
1721, VII. ,^176; keeper of such records respectively, shall be deemed and al-
4ii,^'§ ^ii^'mth', lowed as good evidence in any of the Courts of this State as the
is6s''xiv ^76' o"§'^"'^l could or might have been if produced to the said
1^3; /i'./'is2; Courts.
Only private acts need be given in evidence. — State v. Sartor, 2 Strob., 60.
OF SOUTH CAROLINA. iioi
A. D. 1902.
Sec. 2889. A copy of any ordinance, or resolution or of the ^~-^"v-"^^
minutes or records of any town or city of this State when cer-^j ^^^^^J^^^^'
tified under the hand of the officer having custody of the re- ^^^^ xxiii
cords of such town or city and under the corporate seal thereof ^^i-
shall be admitted in evidence in any of the Courts of this State
on ten days' notice of intention to offer such copy being given
to the opposite party or his attorney.
Sec. 2890. Printed copies, in volumes, of Statutes, Code or ^^^^11^°^ ^ow
other written law enacted by any other sovereignty. State, Ter- proved.
ritory, or foreign government, purporting or proved to have ^ ^- g^- 2218;
been published by the authority thereof, or proved to be com- fg°(j^g|^ p '■^°^'
monly admitted as evidence of the existing law in the Courts
and judicial tribunals of such sovereignty. State, Territory, or
government, shall be admitted by the Courts and officers of this
State,, on all occasions, as presumptive evidence of such laws.
The unwritten or common law of any other sovereignty. State,
or territory, or foreign government, may be proved as facts by
parol evidence; and the books of reports of cases adjudged in
their Courts may also be admitted as presumptive evidence of
such law.
Bridger v. R. R., 25 S. C, 34.
Sec. 2891. A transcript from the minute books of any Court f j. J^"^^i"p*^
of record now or heretofore existing in this State, shall be g°°QQy/jg^°''"*"
good and legal evidence in any trials in any of the Courts in q g_ 2219-
this State, when it may be necessary to give such proceedings ^qo \_ ^f^{'
in evidence : Provided, That such transcript be regularly and ^ *•
duly certified under the hand of, and sworn to by, the Clerk or
keeper of the said proceedings and records of the said Courts,
who has, by law, the custody thereof; any law, usage, or cus-
tom to the contrary notwithstanding.
Cook V. Wood, I McC, 139.
Sec. 2892. A copy of any administration bond, guardianship Copies of cer-
bond, Constable's bond, bond of a trustee, or bond of the com- ments kept m
' _ _ a public office;
mittee of a lunatic, and all other instruments in writing, which, thirty days'
° noticere-
by law, are required or permitted to be in writing, and kept inquired, &c.
a public office, certified by the officer having the custody of the G. s. 2219;
same, shall be admitted in evidence in any of the Courts of|829. vi-. ssi,
§ 5; 182d, VI.,
this State, on thirty days' previous notice of the intention to209; 1842 xi
-^"^■^ 223;18oo,
offer such copy being given to the party against whom it is to xiii., 429.
be offered, or his or her attorney.
II02 CIVIL CODE
A. D. 1902. —
^"^^^'^"^ Sec. 2893. Copies of all papers filed in the office of the State
s^ate'^Superin- Superintendent of Education, and his official acts, may be cer-
ucadon! ° ' tified by him, and when so certified shall be evidence equally
Q s. 2221; and in like manner as the original papers.
SVi, xiv.!576^ Sec. 2894. A copy of any entry in the official books of any
^^^' Sheriff, certified to by the oath of such Sheriff, before the
iePof*^«itries Clerk of the Court of Common Pleas and General Sessions,
If o o'^ks; ^ten under the seal of said Court, shall be received as competent
required, 'sc!'^^ cvidencc by any of the Courts of this State, except in causes
Q_ s_ 2222; tried in the County where the said books are kept : Provided,
S56, xii.,^! That ten days' notice in writing of intention to offer such copy
p-^- ;- •■:- be first given to the opposite party, his attorney or solicitor.
g r^a°n t's^ and Sec. 2895. It shall be lawful, in every Court of this State,
thfs^Stat'e^'^and^'o'" ^uy party, plaintiff' or defendant, to produce in evidence a
Una!'^ ^ ^ '' °" copy, certified by the Secretary of State, of any grant and
Q g_ 2224; plat of land issued under the authority of this State, or certi-
1731, lii-.'sosi fis^ copies of grants, under the authority of the State of North
|g|°' ^^^'^' ^■' Carolina: Provided, That the person or persons so applying to
produce an office copy of a grant in evidence swear that the
original grant is lost, destroyed, or out of his, her, or their
power to produce, and that he, she, or they have not destroyed,
mislaid, or in any way willingly, previous to that time, put it
out of his, her, or their power to produce the same, with an
intention to produce an office copy of the same in evidence :
And provided, also, That nothing herein contained shall be
construed to deprive any party in possession of the original
grant of any advantage he would have had or derived from
possessing the same, in case this Section had never been
passed.
Where copy is introduced it is not necessary to first prove the execution of
the original.— Stone v. Fitts, 38 S. C, 393; 17 S. E., 138. Very slight evidence
of loss of original grant sufficient. — Turner v. Morris, i Brev., 236. But the
non-production of original must be accounted for. — Malcomson v. McKee, 1 Brev.,
168. A copy of the grant, without a copy of plat, is sufficient. — Rosamond v.
Mcllwain, 2 Brev., 132. The affidavit required must be made by all the persons
so applying themselves. — Marane v. Carroll, 2 Bay, 525; Linning v. Crawford,
2 Bail., 296. It may be made at any time after commencement of suit. — Turnip-
seed V. Freeman, 2 McC, 269; Linning v. Crawford, 2 Bail., 591.
Copies of Sec. 2896. A copy of any deed of convevance of real estate
deeds where _ jt y ^ .
originals are certified bv the Resrister of Mesne Convevances or Clerk of
lost. - '='
— - — r Court of the Countv where the same mav be recorded, mav be
G. b. 222o; ' - _ ^
R. s. 2361; produced in evidence in everv Court of this State for anv partv,
1843, XI., 255. ^ , _ " . . r . »
plaintiff or defendant, in like manner and subject to the same
rules as are provided by the foregoing Section in relation to
grants and plats : Provided, That the party intending to offer
OF SOUTH CAROLINA.
in evidence such office copy shall give at least ten days' notice
thereof to the opposite party or his attorney.
This Section applies only to the copy of the record, as the record itself may
be introduced without notice. — State v. Crocker, 49 S. C, 242; 27 S. E., 49.
Plat is part of deed. — lb. Oath as to loss is indispensable to such evidence. —
Duren v. Sinclair, 22 S. C, 361. Proof of loss alone is sufficient; the execution
and existence need not be proved. — Dingle v. Bowman, i McC, 177; McLeod
V. Rogers, 2 Rich., 19; Darby v. Huffman, 2 Rich., 532. Recording means proper
recording, after probate. — Lamar v. Raysor, 7 Rich., 509. A copy of deed em-
braces copy of power of attorney to execute it, recorded with it. — Duren v.
Sinclair, 22 S. C, 361. Party may show seal of original deed, where Clerk
failed to copy it in registry. — Sams v. Shield, 11 S. C, 182. The required notice
must be in writing. — O'Neal v. Isbell, 9 Rich., 367. Where copy is introduced
it is not necessary to first prove execution of original. — Stone v. Fitts, 38 S. C.
393; 17 S. E., 136.
Sec. 2897. The production (without further or other proof) ed^i'nsTru'^-
of the original of any and every instrument in writing (other^an'^'^nis^
than wills), required by law to be recorded, shall always and^en^ w^e^'r'e
everywhere be prima facie evidence of the execution of such°of\ost^
instrument: Provided, That such instrument shall have been jggg^ xxii.,
recorded in the manner and place, and within the time, pre-xxifi.,^347. '
scribed by law for recording the same : And provided, further.
That any party or his attorney so producing any such recorded
instrument shall have given at least twenty (20) days' previous
notice in writing to the opposite party, or his attorney, of the
intention so to produce any such recorded instrument, with a
description of the same.
As to proof of wills, see Section 2494, ante.
Sec. 2898. The provisions of the preceding Section shall not ^^j n^* ^appiica^
apply when any such recorded instrument is assailed or at-'^ alleged.
tacked on the ground of fraud in its execution: Provided, That^J^^^^' xxii.,
at least ten (lo) days' previous notice in writing of such
ground by a pleading or otherwise and duly sworn to shall
have been given by the party or his attorney so assailing or
attacking such instrument to the opposite party or his attor-
neys.
Sec. 2899. All exemplifications of records, and all deeds and strumentf." '"'
bonds, or other specialties, all letters of attorney, procuration, ^ g. 2226;
or other powers in writing, and all testimonials, which shall atj^gj^ iii.,^2^!
any time be produced in any of the Courts of this State, andf^g; g'lg; ^^^■'
shall be attested to have been proved, upon oath, under the
corporation seal of any Mayor or chief officer of any city
borough, or town corporate in any foreign State, or under the
hand of the Governor and public seal of any State in America,
or under the notarial seal of any Notary Public, shall be
deemed and adjudged good and sufficient in law, in any of the
CIVIL CODE
Courts of judicature in this State, as if the witnesses to such
deeds were produced and proved the same viva voce, except as
hereinafter provided.
Gregory v. Williams, Harp., 417; Napier v. Gidiere, i Speer Eq., 215; Mc-
Kenny v. Gordon, 13 Rich., 40; Campbell v. Ins. Co., i S. C, 158.
Restriction Scc. 2899. No testimonial, probate, certificate, or other in-
upon use of , , , . . _
copies of for- strumcnt under the seal of any foreisfn Court of law. Notary
eign i n s t ru- . , . ^ ,
ments. rublic, or Other magistrate or person qualified and empowered
G. s. 2227; to givc the samc, shall be received in the Courts of the State
R. S. 2363"
1787, v., 45,' as evidence of any debt due or demand owing by any person
Procedure, or persons resident within the limits of this State: Provided.
§ 441.
nevertheless, That if it shall appear to the Court that the tes-
timonials, probates, certificates, or other instruments of writ-
ing for the purposes aforesaid, which have been, or shall be
hereafter, issued from any of the Courts of this State, or by
any of the officers thereof authorized and empowered to give
the same, are received and allowed as evidence in the Courts
of such foreign country, then such instruments of writing shall
be received in evidence in the Courts of this State.
Farmers' and Sgc. 2900. Books of Original entry kept by farmers and
planters books ° .
receivable i n planters relating to the transactions of their farms or planta-
evidence. . ^ ... ...
— :::: — tions shall be receivable in evidence in all trials in which the
G. S. 2228;
R- S. 236*; business or transactions of their farms or plantations shall be
307; 1721, VII., called in question, as between the farmer or planter and his
employes, in the same manner as books of merchants and
shop-keepers are.
Account books Sec. 2901. The books of accounts of tavern-keepers, shop-
not admissible -^ .
to prove debt kecpcrs, or retailers of spirituous liquors shall not be admitted,
for liquors sold c > x j.
in less quanti- allowcd, or received as evidence in any Court having a right to
tythana ' ■' . .
q"^''t- try the same, of any debt contracted, or moneys due, for spirit-
R "^"s^' 2365- ^°^^ liquors sold in less quantity than a quart.
1827, VI., 318! Sec. 2902. In all actions or proceedings, civil or criminal, in
s c^ellT'i 6°"^ which the question of sanity or insanity, or the administration
books; in what of poisoii or Other article destructive to life, is involved, and in
cases may be ^ i- 1
read. which expert testimony may now be introduced, the medical
,on?vf' H'^o- or scientific works, or such parts thereof as may be relevant to
loUl, AA.., 1042. '■
the issues involved, shall be competent and admissible to be
read before the Court, or jury, in addition to such expert tes-
timony.
Sec. 2903. The plaintiff or plaintififs, or any of them, in any
judgment or decree, the record whereof has been destroyed or
abstracted or lost, or his or their personal representatives, or
OF SOUTH CAROLINA.
other person or persons claiming under or through them, or
any or either of them, or any person whatever, having an inter- fo/^^{'eave^'°"o
est in the preservation of the evidence of such judgment or de-^^^^^'^^j'^ "^^
cree, may, upon notice of not less than twenty-one days, served °4oy|d °^ ^^'
as a summons in actions now served pursuant to law, g~~s~223o^
upon the defendant or defendants therein, or upon^gg ^•xvil'
those upon whom his, her or their liability has de-^°^^-
volved, or others interested to oppose the application,
apply to the Court in which such judgment or decree was ren-
dered for leave to substitute a new record ; and if, upon hearing
the evidence on each side, the Court is satisfied of the existence
and loss of such record, an order for leave to substitute shall
be made, conforming as nearly as possible in all respects to the
lost, abstracted or destroyed record ; and if it be for the pay-
ment of money, the balance due thereon and date of lien, if any,
shall be made to appear thereon, and such substituted record
shall be good and valid in law to all intents and purposes.
DuBois V. Thomas, 14 S. C, 30.
Sec. 2904. Any person interested in the preservation of the s,c!^°^''procled-
contents of any deed, release, private writing usually put on y"fg testimony
record, or document, alleged to have been lost or destroyed or^l
defective in the record thereof, and desiring to preserve the 223^' \. ^^^s!
evidence thereof for any purpose, may, by summons and com-^^^^' ^^•' ^^'
plaint as now provided by the Code of Procedure, institute
action in the Court of Common Pleas to perpetuate testimony
as to the existence and true contents of the same, in which com-
plaint the defects, if any, complained of in the records shall
be substantially set forth, and to said action all persons inter-
ested, or known or supposed to claim an interest in the prop-
erty to which such testimony may relate, shall be made parties
defendants, and served with summons as now provided by law
in civil actions. j^^^^ ^^^
Sec. 2905. The Court, or Judge at chambers, having juris- Jear _^a^t^cham-
diction of the subject matter may hear, determine and grant ^n^^necessary
all orders, as will best subserve the purposes of the complaint, — ^ g ^gso
and the preservation of the testimony sought, without delay. 2233; ^^R-^qJ-
Sec. 2906. The evidence so taken shall be preserved, and the § 3.
parties may have the same recorded in the office to which the ^Evidence may
same may relate; and such evidence, so taken, preserved and it|^^f orce and
recorded, shall be received in all Courts, subject to the^ — ^ g ^930
same rules as to competency and credibility as any other evi-|234,^^2235;^R.
dence. • §§4, 5. ' '
70. — C
iio6
CIVIL CODE
A. D. 1902.
Sec. 2907. Nothing herein contained shall prevent any one
Other proof fj-Qj^ establishing, on the trial of any cause, any lost papers,
of lost papers o' ■'
not excluded, according to the rules of evidence existing at common law.
G. S. 2230, State v. Crocker, 49 S. C, 242; zy S. E., 49.
2371;' /&.,■§ 6. ■ Sec. 2908. The costs of such proceedings as shall be had
Costs discre- under the provisions of the six last preceding Sections shall be
tionary with '^ , ^ "
Judge- in the discretion of the presiding Judge.
G. S. 2230, ^
R. S. 2236; Ih.,
CHAPTER XCV.
Jurors and Juries.
Article i. Jury Commissioners; and Drawing and Summon-
ing Jurors.
Article 2. Qualifications, Exemption, Empaneling and Pay
of Jurors.
Article 3. Objections to Jurors; Verdict.
Article 4. Miscellaneous Provisions.
ARTICLE 1.
Jury Commissioners, and Drawing and Summoning
Jurors.
Sec.
Sec.
2909.
Jury Commissioners ; how
2922
constituted.
2923
2910.
To serve without compensa-
tion.
2924
2911.
Jury list, how prepared.
2912.
Jury box, how prepared and
kept.
2925
2913.
When venires to be issued by
Clerli ; term of service of
Jurors.
2926
2914.
Sheriff to serve venires on
Board of Jury Commission-
2927
ers.
2928
2915.
When venires may be issued
in term.
2916.
How jurors are selected.
2929
2917.
How drawn.
2918.
To be drawn publicly.
2919.
Ballots drawn to be endorsed
with date of draft, and put
2930
back into box.
2931
2920.
When Jurors to be drawn.
2921.
Thirty-six petit Jurors to be
grawn at one time.
Summons of Jurors.
Sheriff to serve, when and
how.
How deficiency in number of
Jurors supplied.
Special jury lists ; when to
be made.
Duty of Circuit Judge, when
drawing is irregular or in-
valid.
Term of service of Jurors in
certain Counties.
Jurors for certain Counties ;
special provisions as to
drawing and service of.
Special provisions in certain
Counties as to prepara-
tion of Jury list.
Special provisions as to draw-
ing Jurors in said Counties.
Selection of Jurors in Coun-
ties containing a city over
40,000 inhabitants.
OF SOUTH CAROLINA. 1107
— ' A. D. 1902.
Section 2909. The County Auditor, the County Treasurer and ""^"""v '
the Clerk of Court of Common Pleas and General Sessions of -J^ry Com-
missioners. Of
each County shall constitute the Board of Jury Commissioners ^"^"^ consti-
for their respective Counties : Provided, In case any member ^ g 2254.
of a Board of Jury Commissioners fails to attend for the pur- ^71 ^'xi^v'
pose of drawing a jury, a majority of the Board may act. 6^3**8 '"^^'^^i ^Js'
Sec. 2910. The said County Auditor, County Treasurer ^g^ ^•' xxii^'
and Clerk of the Court of Common Pleas and General Sessions ^*^-
shall perform the duties required of them as Jury Commission- ^jjj^°^|p ^ "■ '*^ ®
ers without compensation. pensation.
Sec. 2911. The Clerks of the Court in each County in thisj^^-g^- ^\\
State shall, on or before the fifth day of January of each year, ^^^^' '^^^■,
prepare a statement, and deliver the same to the County Board . j. jj^^^.
of Commissioners, of the number of iurors that will be re-^T ^^^ ^^
' ■> wnompre-
quired to be in attendance for each term of the Court to be held p^'^^'^-
in the County during the ensuing year, and the County Board si5-^ib^^2^^"
of Commissioners shall in each year during the month of Janu-
ary prepare a list of such legally qualified voters of their re-
spective Counties not absolutely exempt, as they may think well
qualified to serve as jurors, being persons of good moral char-
acter, of sound judgment, and free from all legal exceptions,
to be selected from the County at large, without regard to
whether such persons reside in seven miles of the Court House
or not; except in the Counties of Spartanburg and Orange-
burg, the list shall be prepared in the month of December, and
the list so prepared by each County Board of Commissioners
shall contain twice the number as reported by the Clerk of the
Court : Provided, That in Aiken, Lexington and Orangeburg
Counties, the jury shall be listed and drawn by the Auditor,
the Treasurer and the Clerk of the Court, without extra
charge; and they are hereby declared to be the Board of Jury
Commissioners for such purpose, with all the powers devolved
by law upon such Boards.
Acts of 1896, XXII., 16, and 1899, XXIII., i, construed in State v. Powers,
59 S. C, 200; 37 S. E., 690.
Sec. 2912. Of the list so prepared the Board of Jury J/ prepared
Commissioners shall cause the names to be written, each one !!!Li!!£!^__
on a separate paper or ballot, and shall fold up said pieces ofi9(^/ xxiil!
paper or ballots, so as to resemble each other as much as pos-^^'^"
sible, and so that the name written thereon shall not be visible
on the outside, and shall place them, with the said list, in a
box to be furnished to them by the Board of County Commis-
iio8 CIVIL CODE
A. D. 1902.
"^•''^-^'^'^ sioners of their County for that purpose, and it shall be the
duty of the Clerk of the Court of Common Pleas to keep said
jury box in his custody. The Jury box shall be provided with
three locks, each different. The key to one lock shall be kept
by the Clerk of the Court of Common Pleas, one by the Audi-
tor, and one by the Treasurer, so that no two of said Commis-
sioners shall hold keys to the same lock. At the same time
they shall place in a special apartment in the jury box the names
of one hundred and fifty persons qualified by law to serve as
jurors, who reside within seven miles of the Court House, from
which shall be drawn jurors to supply deficiencies arising
from any cause or emergency during the sitting of the Court :
Provided, i. That in the County of Richland the number of
names to be placed in the separate apartment shall be two
hundred, and in the County of Charleston five hundred, and in
the Counties of Georgetown and Williamsburg seventy-five.
2. That in the County of Chester the number of names to be
placed in the separate apartment shall be fifty, who reside
within five miles of the Court House. 3. That in the County
of Richland the names placed in the tales box shall be in addi-
tion to and exclusive of the number of names required by law
to be placed in the jury box. 4. That the names of persons
liable to jury duty and living within seven miles of the Court
House may be placed both in the regular jury box and the tales
box, except in the Counties of Richland and Orangeburg.
5. That the said tales box for the Counties of Abbeville and
Greenwood shall contain the names of all persons on said list
who reside within five miles of the Court House.
Clerk, when gee. 2913. The Clerk of the Court of Common Pleas in each
and how_ t o
summon J u " Countv, at Icast fifteen days before the commencement of any
rors; jurors to ^ ' -' -'
time^ ^°'' ^^^^ regular term of the Court of General Sessions for the County,
G. S. 2243
and ten days before any special session requiring a jury, and
SVi ^' x^iv ' ^^ ^^^ County of Charleston like periods before the first of each
^91- alternate week of the Court of Common Pleas, and at such
other times as the respective Courts m^ay order, shall issue
writs of venire facias for jurors, and shall therein require the
attendance of jurors on the first day of the term, and for the
Court of Common Pleas for the County of Charleston on the
first and each alternate week thereafter, and such other days
as the Court may order. The petit jurors returned for the
Court of General Sessions for Charleston County shall serve
for the term, and the jurors returned for the Court of Common
OF SOUTH CAROLINA. 1109
A. D. 1902.
Pleas for two weeks ; the jurors for the Court of General Ses- ""-^^v"-^
sions for all other Counties shall serve for the term, and for the
term of the Court of Common Pleas immediately following,
except as in Section 2958 provided.
A writ of venire without the seal of the Court is void, and is ground for
arrest of judgment. — State v. Dozier, 2 Speer; State v. Williams, i Rich., 188;
State V. Stephens, 11 S. C, 319. No venire can issue for talesmen. — State v.
Williams, 2 Hill, 381; State v. Stephens, 11 S. C, 319; State v. Hill, 19 S. C,
435. Defect in such writ, if issued, is no ground for arrest of judgment. —
State V. Hill, 19 S. C, 435; State v. Gilreath, 19 S. C, 603. Venire need not
be signed by Attorney General or Solicitor. — State v. Hill, 19 S. C, 435. If it
anywhere appears in the writ that it is issued in the name of the State, that
is sufficient compliance with Constitution. — lb.
Sec. 2914. The venires shall be delivered to the Sheriff oi J^^\^ 1}^^^^^°
on Board.
the County, and shall be served by him without delay, upon the
Board of Jury Commissioners of the County. r.^'s^' Ise-
The failure of Sheriff to endorse on the venire its entry in his office does not "■' ^ '
invalidate it. — State v. Clayton, ii Rich., 581. Where contrary does not appear
the service will be presumed to be correct. — State v. McGraw, 35 S. C, 283;
14 S. E., 630.
Sec. 2915. Nothing contained in this Chapter shall prevent su*;^^^Jj„™7for
the Clerk of any Court of Common Pleas from issuing venires^^^^^°^^ ^l^
for additional jurors in term time, whenever it is necessary forg^'J'y; ^^ n^ces-
the convenient dispatch of its business, in which case the g. s. 2243;
venires shall be served and returned, and jurors required to at-f^; f'lo.^^^'''
tend on such days as the Court shall direct.
Sec. 2916. All jurors shall be selected by drawing ballots 3 Jg'^/t"^^- ^°^
from the jury box, and the persons whose names are borne on ^ §_ 2247;
the ballots so drawn shall be returned to serve as jurors. ^^^^ xiv.fesai
Sec. 2917. When jurors are to be drawn, the Board of Jury§ ^^•
Commissioners shall attend at the office of the Clerk of ^^^\^y°-Qoa_rr'^zt
Court of Common Pleas within and for that County, and, in °f '^^courP^in
the presence of the Clerk of the Court and the Sheriff of the^^i|^^f '^f „°|
County, shall shake up the names in the jury box until they fQ^^^"£.^^^ 'Ys
are well mixed, and having unlocked said box, the Board of ^^|™j^.p*^'j^^|
Jury Commissioners, in the presence of the Clerk of the Court ^^^|^^|^ ^^'^ *°
and the Sheriff of the County, shall proceed to draw there- q g 224s;
from, without seeing the names written thereon, a number of ^i, §^'12. ^^^^'
ballots equal to the number of jurors required. If a person so
drawn is exempted by law, or is unable, by reason of sickness
or absence from home, to attend as a juror, or if he has served
as a juror in any Court within the year then next preceding,
other than a Court of Magistrate, his name shall be returned
into the box, and another drawn in his stead : Provided, That
if the Clerk and Sheriff shall fail to attend, after due notice.
mo CIVIL CODE
A. D. 1902.
^~'^-^'' ' the Jury Commissioners shall proceed without them, and the
jury so drawn shall be lawful.
The drawing is invalid, and it is good ground of challenge to the array, if
the Jury Commissioner, who assisted, is a near blood relation of the deceased. —
State V. McQuaige, s S. C, 429. Not so where the relationship was by marriage
and remote. — State v. McNinch, 12 S. C, 89. The absence of one of the Board
of Jury Commissioners does not invalidate the drawing. — State v. Merriman,
34 S. C., 16; 14 S. E., 394. If jury illegally drawn judgment will be arrested. —
State V. Jennings, 15 Rich., 42.
Jurors to be gec. 2918. Turors shall be drawn publicly, and the officers
drawn pub- •' tr ^ '
^'^^y- charged with such drawing shall not exclude any person who
^^1898; XXII., desires to be present.
Ballots drawn ^®^' ^^^^' When any person is drawn and returned to serve
with^ Tate^of ^^ ^ juror in any Court, the Board of Jury Commissioners shall-
draft and re- gndorsc ou the ballot the date of the draft, and return it into
turned into _ '
^°^- the box after the number of jurors required have been drawn;
■D ^■o^' f?n^' and whenever there is a revision and renewal of the ballots in
lb., 692, § 13. the box, the Board of Jury Commissioners shall transfer to the
new ballots the date of all the drafts made within the year then
next preceding.
When jurors gee. 2920. The time for drawing jurors shall not be less
to be drawn. *= •'
— Q — g 2250- '-^^^ seven nor more than twenty days before the day when the
fb ?^i4- ?s%' J^^o^s are required to attend.
XV., 485, § 1. gee. 2921. No more than thirty-six persons to serve as petit
Thirty-six jurors shall be drawn and summoned to attend, at one and the
petit jurors to •'
be drawn at same time, at any Court, unless the Court shall otherwise order.
one time. ' ■' '
~ — ^^ — State V. Stephens, 13 S. C, 285; State v. Clyburn, 16 S. E., 375; State v.
R. S ' 2392' J^'^^*°^' 3^ ^' ^•' ^7' ^° ^' •^•' 7^9'
18 71, XIV., See Criminal Statutes as to Grand Jurors.
694, § 36
Sec. 2922. The grand and petit jurors drawn, as herein-
jurors. before prescribed, shall be summoned by the Sheriff and shall
G. S. 2259; attend and serve according to the exigency of the summons.
R. S. 2393; ^ i=> -^
1880, X V I I., Immaterial irregularity in summoning the jury does not affect their legality. —
^^^' § 2. State V. Crosby, Harp., 91; State v. McElmurray, 3 Strob., 33; State v. Jeffcoat, 26
S. C, 114; 1 S. E., 440. Jurors summoned by an acting Deputy Sheriff and
serving are lawful. — State v. McGraw, 35 S. C, 283; 14 S. E., 630.
s h e r i ff to See. 2923. The Sheriff shall, at least four days before the
servesum-. . . , ,
mons; w h e n time when the jurors are required to attend, summon each
and how; re- , . , , ,. ... . ....
turn of. person who is drawn by reading to him the venire, with his
G. s. 2246; endorsement thereon of such person having been drawn, or by
R. S. 2394- . . . .
1871, 'xi v.^ leaving at his place of abode a written notification thereof, and
692, § 15.
of the time and place of the sitting of the Court at which he is
to attend, and shall make return of the venire, with his doings
thereon, to the Clerk of the Court before the opening or time
of holding the Court from which it issued.
Court will presume that Sheriff read the venire to juror. — State v. Toland,
36 S. C, 515; 15 S. E., 599. Residence is place of abode. — lb. Sheriff may
OF SOUTH CAROLINA. mi
A. D. 1902.
make return the day Court opens, but he must make it before the hour Court ^"-"""v^""^
opens. — lb. Service by deputy good, although no endorsement in writing of his
appointment upon the venire. — lb. Failure of Sheriff to serve a juror out of the
County does not affect the array; State v. Derrick, 44 S. C, 178; 22 S. E., 337.
In the absence of proof tc the contrary it will be presumed that the venires
were properly served. — State v. McGraw, 35 S. C, 283; 14 S. E., 630.
Sec. 2924. Whenever it shall be necessary to supply any de-j^^^rsf^Vo w
ficiencies in the number of grand or petit jurors duly drawn, !^££i!f^___
whether caused by challenge or otherwise, it shall be the dutyR/^'s^' ^^i
of the Jury Commissioners, under the direction of the Court, 524^' ^^^i^-'
to draw from the special apartment in the jury box known as
the tales box such number of fit and competent persons to serve "^^'^^ ^°^'
as jurors as the Court shall deem necessary to fill such defi-
ciency. That it shall be the duty of the Clerk of the Court to ^^i^'^ ^° ^^^^
keep said jury box in his custody.
This drawing was properly made from such special apartment, when, in the
presence of the Court, the Board of Jury Commissioners took from the jury
box the names of residents designated and then drew the required number; the
law providing for such special apartment not having been passed at the time
when the jury was originally drawn. — State v. Cardozo, ii S. C, 195; State
V. Smalls, II S. C, 262. It is not necessary for all the parties designated to
draw such jurors to see the drawing of the names; it may be done by a majority
of them. — State v. White, 15 S. C, 381. The regular jurors must be exhausted
before the drawing can be made. — State v. Anderson, 26 S. C, 601; 2 S. E., 699.
It does not vitiate such drawing that only 148 names were put in special apart-
ment.— State v. Merriman, 34 S. C, 16; 12 S. E., 619. No venire is necessary to
summon the jurors so drawn as talesmen. — State v. Williams, 2 Hill, 381; State v.
Stephens, 11 S. C, 319; State v. Hill, 19 S. C, 435; State v. Anderson, 26 S. C,
601; 2 S. E., 699; State v. Merriman, 34 S. C, 16; 12 S. E., 619. Although it
may be done by venire. — State v. Coleman, 8 S. C, 237. When the regular and
special apartments of the jury box have both been exhausted, the deficiency should
be supplied by issuing a venire for additional jurors as herein prescribed; the
trial should not be postponed. — State v. Briggs, 27 S. C, 80; 2 S. E., 854. There
can be no challenge to array of jurors drawn to supply such deficiency; each
juror may be challenged for reason. — State v. Merriman, 34 S. C, 16; 12 S. E., 619.
Sec. 2925. Whenever the jury list of any County shall be,. Special jury
■' •' ^ ■' lists, in certain
destroyed by fire or other casualty, or whenever it shall be held cases.
by any Court of competent jurisdiction that the jury list of any G. s. 2256;
County has been unlawfully prepared, or is irregular, or illegal, i87 7 x vi.,
so as to render void the drawing of jurors therefrom, it shall ^eo, § s; ib.,
be the duty of the Board of Jury Commissioners of the County
to prepare a special jury list for the said County forthwith in
the manner now prescribed by law, from which special list
grand and petit jurors shall be drawn for the Courts of Gen-
eral Sessions and Common Pleas for such County until the
annual jury list shall have been prepared for such County at
the time provided in Section 291 1.
Sec. 2926. In case at any time it shall be brought to the at- cuit" judge ^''"'
tention of the resident Circuit Judge of any circuit that an — ^ g 2957.
irregularity has occurred in the drawing of juries for any Cir-^ggQ^-^vn''
308, §'5.
1 1 12 CIVIL CODE
A. D. 1902. "
^""^^'"^ ' cuit Court within his circuit, or that any act has been done
whereby the vaHdity of any juries drawn or to be drawn may
be questioned, it shall also be lawful for such Circuit Judge to
issue his order to the Board of Jury Commissioners of the
County for which said Circuit Court shall be held, at least
fifteen days before the sitting thereof, to proceed to draw jurors
for such term, or to take such measures as may be necessary
to correct such error.
State V. Powers, 59 S. C, 367; 37 S. E., 690; State v. Toland, 36 S. C, 515;
15 S. E., 599.
j^erms of ju- ^^^ 2927. Whenever the terms of the Court of General
G. s. 2258; Scssious and Common Pleas in the Counties of Edgefield,
1901, ^xxni.', Barnwell, Marion, Marlboro, Cherokee, Aiken, Williamsburg,
^■^" Richland, Orangeburg, York, Greenville, Colleton, Chester,
Darlington, Florence and Union shall be for two or more
weeks, no petit juror shall be required to serve more than one
week at any term of said Courts : Provided, That in the Coun-
ties of Marlboro and Marion such extra venire shall be drawn
for the spring term of each alternate year only, beginning with
the year 1899 in Marlboro County, and in the year 1900 in
Marion ; the Clerks of said Counties shall receive no extra
compensation for issuing such venire, and the Sheriffs of said
Counties shall receive no compensation for serving same, ex-
cept mileage shall be allowed. Thirty-six jurors shall be drawn
in the manner provided by law to serve for the first week, and
a like number shall be drawn to serve for each subsequent
week of each term of said Courts; but whenever a jury shall
be charged with a case, such jury shall not be discharged by
reason of anything in this Section contained until a verdict
shall have been found or a mistrial ordered in such case : Pro-
vided, That the thirty-six jurors drawn in the County of York
for the second week, and the County of Barnwell for the sec-
ond week of each winter term, and in the County of Aiken for
the second week of each spring term of said Courts, and
in the Counties of Darlington and Florence for the second
week of each fall term of said Courts, and for the Counties of
Marion and Marlboro for the second week of each term of said
Courts, which is unlimited by the Statute for these Counties,
respectively, may be held over after the expiration of the time
for which they were drawn, and until the business of the ses-
sion's docket and the business on the Calendar i. of the Court
of Common Pleas for these Counties shall be disposed of.
OF SOUTH CAROLINA.
Separate writs of venire shall issue for the jurors drawn to
serve for each week of said terms of Court.
Sec. 2928. For the January, June and November terms of coumT/cen^
the Courts of General Sessions for Spartanburg County thirty-f^^^^|^^'^°^^
six jurors shall be drawn, in the manner provided by law, to ^fj[|' pA^^^^j«-
serve for each of said terms; and for the March, July and g^J^^IJ^^'^j^^^'^'J
November terms of the Court of Common Pleas for Spartan- ^'^^-
burg County thirty-six jurors shall in like manner be drawn to-^g^-^ \|n^/
serve for each of said terms ; for the Fall terms of the Courts ^^^•
of General Sessions and Common Pleas for the County of
Abbeville, and for the Spring and Fall terms thereof for the
Counties of Fairfield, Newberry and Sumter, respectively,
thirty-six jurors shall be drawn, in the manner provided by
law, to serve for the first week, and a like number shall be so
drawn to serve for the remainder of each of said terms, and
separate writs of venire shall issue for the jurors drawn as
aforesaid ; but whenever a jury shall be charged with a case
such jury shall not be discharged by reason of anything in this
Section contained until a verdict shall have been found or a
mistrial ordered in such case.
Sec. 2929. In the Counties of Abbeville, Edgefield, Lexing- ^j^f p^^^^^^p^^
ton and Greenwood, the said jury list shall be prepared in the Py^y^''ii*g°g" °^
following manner, the list in Abbeville to be one thousand g^jg^gli^' lIx-
names, towit: ^ ^ 'GVeVn^ood
The Board of Jury Commissioners of each of said Counties Counties.
shall, immediately after the next regular December registration g^^^^' ^^m-'
of voters, procure from the County registration officers a list of
all the registered voters of their County. They shall then
strike ofif from said list the names of the following persons,
to wit:
1. All such persons as are now or may hereafter be exempt
by law from jury duty.
2. All such persons as are within the knowledge of the Jury
Commissioners more than sixty-five years of age.
3. All such persons as have, since their registration as voters,
died, removed from the County or become disqualified from
any cause.
4. All such persons as are unfit for jury duty.
The said list of registered voters, as thus amended, shall con-
stitute the jury list for such County. Immediately after each
succeeding regular December registration of voters, the said
Jury Commissioners shall revise the said list by adding thereto
CIVIL CODE
the names of all such persons as have been registered as voters
during the year next preceding, and all such persons as have
ceased to be exempt from jury duty, and by striking therefrom
the names of the following persons, whether registered during
the year next preceding or before, to wit :
1. All such persons as may then be exempt from jury duty.
2. All such persons as are, within the knowledge of the Jury
Commissioners, more than sixty-five years of age.
3. All such persons as have, since their registration as voters,
died, removed from the County, or become disqualified for any
cause.
4. All such persons as are unfit for jury duty.
A majority of the said Board shall decide all such questions
as may arise under this Section.
Such list shall be prepared in public after giving written
notice, posted on the court house door, of not less than ten
days of the time and place of preparing the same.
. Special pro- gcc, 2930. In the Counties of Abbeville, Edgefield, Lexing-
visions as to ' a ' o
drawing jurors ton and Green wood, the juries shall be drawn in the following
in said Coun- _ ' ■" "^
ties. manner, to wit :
•f^- Subdivision i. Not less than ten nor more than twenty days
How grand before the first term of the Court of General Sessions for each
jurors shall be
drawn. year, the Board of Jury Commissioners of each of said
Counties shall draw from said jury box the names of twelve
men, and they, with the six men drawn by lot, as provided by
law, from the grand jury of the past year, shall constitute the
grand jury for that year. If in making said drawing the
Board of Jury Commissioners shall draw out the name of any
man who has attained the age of sixty-five years, who is
exempt from jury duty, or who has died, removed from the
County, or become disqualified for any cause, such ballot shall
be destroyed and such name struck from the jury list, and
another name drawn, and so on until the twelve are secured.
The Clerk of the Court of Common Pleas shall thereupon
issue his writ of venire facias for said grand jurors, requiring
their attendance on the first day of the said term of the Court
of General Sessions, and said venire facias shall be forthwith
delivered to the Sheriff of the County,
jurors ^hafi^be Subdivision 2. Not Icss than ten nor more than twenty days
drawn. bcforc the first day of each week of any regular or special
session of the Circuit Courts, the said Board of Jury Com-
missioners shall proceed in like manner to draw thirty-six
OF SOUTH CAROLINA. mS
— A. D. 1902.
petit jurors to serve for such week only : Provided, That when- ^ ^
ever a jury shall be charged with a case, such jury shall not
be discharged by reason of anything in this Section contained
until a verdict shall have been found or a mistrial ordered in
such case : Provided, further, That in the County of Abbeville
only one jury shall be drawn for the spring and summer terms
of the Court, and in the Counties of Lexington and Greenwood,
only one jury shall be drawn for the summer term of the
Court. Immediately after such petit jury is drawn, the Clerk
of the Court of Common Pleas shall, at the direction of the
other members of the Board of Jury Commissioners, issue his
writ of venire facias for said petit jurors, requiring their at-
tendance on the first day of the week for which they are drawn,
and the said venire facias shall be forthwith delivered to the
Sheriff of the County.
Subdivision 3. The said drawing shall be made openly and drlwn" p°u b^
publicly in the office of the Clerk of the Court of Common ^'"^^y-
Pleas, and the said Board of Jury Commissioners shall give
public notice of each of said drawings by keeping posted in a
conspicuous place on the court house door, for at least ten days
before such drawing, a written notice, stating the place, day
and hour of such drawing.
Subdivision 4. All jurors shall be selected by drawing ballots
from the jury box, and, subject to the exceptions contained in
subdivision i of this Section, the persons whose names are
borne on the ballots so drawn shall be returned to serve as
jurors.
Subdivision 5. The names of men who are drawn and ac- jj^;^°'-|,,°^"ft
tually serve as jurors shall be placed in an envelope, and shall ^^°„\^''j^^ [„^^
not be put back into the jury box until the second revision of ^^^^/^ig^^/j?^^^
the jury list herein provided for after they have been so drawn, ^^rds.
to the end that no person shall be required to serve as a juror
more than once in each alternate year. The same rule shall
be observed as to drawing jurors from the tales box: Pro-
vided, That nothing herein contained shall be construed to be
in conflict with the provisions of the law as to selecting by lot
from the grand jury six members thereof to serve for the en-
suing year.
Subdivision 6. Nothing contained in this Section shall pre- ^^Xtionai ju-
vent the Clerk of the Court of Common Pleas from issuing ^or^^^^y be is-
venires for additional jurors in term time upon the order of
the Court whenever it is necessary for the convenient dispatch
iii6 CIVIL CODE
A. D. 1902.
'"'"^'^"^ of its business, in which case venires shall be served and re-
turned, and jurors required to attend on such days as the
Court shall direct,
taiesllox ^^°^ Subdivision 7. In drawing jurors from the tales box, the
same rules shall be observed as in drawing them from the
regular jury box, except that no notice of such drawing shall
be necessary.
jurors"'^to be Subdivision 8. No more than thirty-six persons to serve as
drawn. petit jurors shall be drawn and summoned to attend at one
and the same time at any Court, unless the Court shall other-
wise order.
sh^i°^e^'"um^ Subdivision 9. Grand jurors and petit jurors, drawn as
moned. hereinbefore prescribed, from the regular jury box, shall be
summoned by the Sheriff, as now provided by law, at least four
days before the time fixed in the venire for them to attend the
sitting of the Court, and the grand jurors and petit jurors
drawn as hereinbefore described from the tales box shall be
summoned by him and shall attend and serve according to the
exigency of the occasion.
sh^i°\i"'s°" S®^' ^931- Instead of the mode of selecting and drawing
tiercontaIn?ng J^rics providcd for above in this Article, in Counties con-
40 oaf °inhaW- Gaining a city or cities with forty thousand inhabitants or over,
^^^^^- the Board of Registration in such Counties, together with the
sio^i ■^^^^^" County Treasurer and the County Auditor, shall, during the
month of January, 1900, and thereafter during the same month
next succeeding every general election for State officers, pre-
pare a list, of not less than twenty-five hundred of the quali-
fied electors now or hereafter qualified by law to act as jurors,
and appearing upon the lists of registration, on the 31st De-
cember, 1899, and thereafter appearing on such lists at the
time of each next preceding general election; and shall cause
the said names to be written each one on a separate paper or
ballot, and shall fold up such pieces of paper or ballots so as
to resemble each other as much as possible, so that the name
Jury box; Written thereon shall not be visible from the outside, and shall
how prepared. p|^^g ^-^^^ -^^ ^ j^^.^ ^^^^ ^^ ^^ furnished by the County Board
of Commissioners for that purpose, and all names for jurors
for said Counties shall thereafter be drawn from said box
in the manner provided by law. It shall be the duty of the
Clerk of Court to keep said jury box in his custody, and such
jury box shall be provided with three locks, each different;
a key to one lock shall be kept by the Clerk of Court, one by
OF SOUTH CAROLINA.
1117
A. D. 1902.
the Auditor and one by the Treasurer, so that no two of said "^^-^ ^v^~^
parties shall hold keys to the same lock. And it shall be the
duty of the County Board of Commissioners for such Counties
to furnish to the said Board of Registration in such Counties,
the County Auditor and the County Treasurer, a jury box of
sufficient size and without any separate compartments therein,
so that when all the separate pieces of paper or ballots afore-
said shall be folded and enclosed therein, they may be capable
of being readily shaken about and intermixed in such box.
As soon as all of the said names shall have been placed in prlpafalton^ of
said box, the said Board of Registration for such Counties, |^"[y ^'^\J<^ ^''^
County Treasurer and County Auditor shall file with the Clerk cierkof Court.
of Court for the Counties aforesaid their several statements
under oath, that they have so prepared such list and placed
all of the names in such box, as required by the provisions of
this Statute.
ARTICLE II.
Qualification, Exemption, Empaneling and Pay of
Jurors.
Sec.
2933. County officials not eligible.
2934. Conviction of crime, &c., dis-
qualifies ; name to be with-
drawn.
2935. Persons exempt from serving
as Jurors.
2936. No Juror excused except for
cause.
293*. No person liable to be drawn
more than once each year ;
proviso.
Sec.
2938. Per diem and mileage of Ju-
rors.
2939. Jury to receive one dollar in
each case tried.
2940. Empaneling Jurors in Com-
mon Pleas.
2941. Each jury to choose a fore-
man.
2942. When Petit Jurors may be
discharged.
As to qualifications of jurors are prescribed by Sec. 22, Art. V. of the Consti-
tution of 189s, superseding G. S. 2239; R. S. 2377.
Section 2933. No Clerk, Constable, or Deputy of the Clerk of cer^°anrcowt
the Court, Sheriff, Probate Judge, County Commissioners, ^^^1;^^" ^^^'
Magistrates, or other County officer, or any employe within -^^ ^ '^.
the walls of any court house, shall be eligible as a juryman in ^^^^ ^^•' ^|g'
any civil or criminal case.
Jurors should be held disqualified by relationship within the sixth degree to
parties litigant.- — State v. Brock, 6i S. C, 141; 39 S. E., 359.
Persons guilty
Sec. 2934. If any person whose name is placed in the jury of crime not
1 r 11 • • M / •" to be drawn.
box IS convicted of any scandalous crime, or is guilty of any
G. S. 2242 J
gross immorality, his name shall be withdrawn therefrom byR- s. 2379;
° -^ ■' 1871, XIV.,691,
§ 7.
iii8 CIVIL CODE
A. D. 1902.
^--"•^w^"^ the Board of Jury Commissioners, and he shall not be returned
as a juror.
One convicted of larceny, though prior to the Constitution of 1895, is disquali-
fied.— Garrett v. Weinberg, 54 S. C, 127; 31 S. E., 341.
em^t"°fro^m ^^^' 2935. The following persons shall be exempt from
rorl!"^ ^^ J"' serving as jurors, to wit: The Governor, Lieutenant Governor,
G. s. 2240; Attorney General, Comptroller General, State Treasurer, Sec-
fb 690, f% retary of State, Superintendent of Education, members and
380,^1' i;^i836; officers of the Senate and House of Representatives during the
&a-^'' "isles', sessions of the General Assembly, members of the Senate and
43^^7b ^778, I House of Representatives of the United States, Judges and
|^7^^g°| ^xvj;' Justices of any Court, members of the State Board of Ex-
xviii \W' aminers appointed by the Governor, members of Count}'-
nil'. ^ ^e! Boards of Examiners appointed by the State Board of Exami-
isgg' ^ x'xiii.' J^ers, County Commissioners, County Auditors and Treasurers,
**• Clerks of Courts, Registers of Mesne Conveyances, Sheriffs
and their deputies. Coroners, Constables, the Marshals of the
United States and their deputies, and all the other ofificers of the
United States, counsellors and attorneys at law, ordained min-
isters of the gospel, officers of colleges, preceptors and teachers
of academies, practicing physicians and surgeons regularly
licensed, licensed pharmacists, apothecaries or druggists who
carry on and conduct the business of such occupation, cashiers
and tellers of incorporated banks, editors and printers of news-,
papers, constant ferrymen, millers actually engaged at the
time in grinding grain for the public and all men actually em-
ployed as such, persons who are more than sixty-five years
old ; and the following officers and employes of railroads :
the Chief Engineer, Assistant Engineers, Commissioner or
superintending officer. Secretary and Auditor or Treasurer of
Directors, keepers of depositories, guards stationed on road to
protect it from injury, not exceeding one man to every five
miles, and such persons as may be actually employed in
working locomotive engines, traveling with cars for the pur-
pose of attending to the transportation of passengers and
goods, not exceeding one engineer and assistant to each steam
engine, and one person to each passenger car and to every
five cars for transporting goods, while such persons
are actually employed, and telegraph operators, and all officers
and members of the Fire Department of Charleston, and all
the officers and active members of the fire department of any
city or town of ten thousand or more inhabitants, the superin-
OF SOUTH CAROLINA. 1119
______ — — _^_ ]3_ ;^902.
tending officer or agent of steamship lines, the keepers of ^"-^v^
steamship freight depots, and hcensed pilots while actually
employed, and all marine engineers and their assistants, and
all town and city treasurers and their assistants.
Such exemption is a personal privilege, does not disqualify the juror, and is
no ground of objection to him. — State v. Merriman, 34 S. C, 16; 14 S. E., 394;
State V. Toland, 36 S. C, 515; iS S. E., 599.
Sec. 2936. No person shall be liable to be drawn and serve ^e^xcused'^ex"
as a juror in any Court oftener than once in every year; but ffEli^Lf!!!!!:
he shall not be so exempt unless he actually attends and serves r/^- s^' Is};
as a juror in pursuance of the draft; nor shall he be exempt 3^^^' ^ ^ ^•'
from serving on a jury in any other Court in consequence of
his having served before a Magistrate.
Sec. 2937. No juror who has been drawn to serve at anyuaye" to^Te
term of the Court shall be excused except for good and fhanonS each
sufficient cause, upon affidavits, which, together with his appli- year; proviso,
cation, shall be filed in the office of the Clerk of the Court, 137^; \i%l]
and remain on record. ^^°' ^ ^'
Sec. 2938. Jurors shall receive per day one dollar and fifty j^feageTf Tu*^
cents, besides mileage at the rate of five cents per mile going I2!i
to and returning from Court. Jurors in Magistrate Courts r/^- 3^' is4|
shall receive twenty-five cents for each civil case tried, andf'^%f\'Qfli
mileage as allowed other jurors. ^^^" ^^°' ^
Whenever provision is made by law for the payment of Mileage; how
the mileage of jurors, witnesses and other persons required to c°"^P"ted.
attend Court or to travel to perform any legal duty, said 472.^^^' ^^i^-
mileage shall be computed and paid for by the shortest prac-
tical route to be traveled over any regular established highway.
Sec. 2939. The jury in each case tried in the Court of Com- ^eiie"^ one" dol-
mon Pleas shall receive one dollar from the party in whose |.ase tried. ^^'^^
favor the verdict is rendered, to be taxed with the costs of the q g. 2270 ;
-,^4-;^^ R- S. ' 2384;
action. 1791, v., 154.
Sec. 2940. In the trial of all actions at law, in the Courts of Empaneling
Common Pleas, and issues ordered to be framed by the Judge|,f''c" J^^°on
in equity cases in said Courts, it shall be the duty of the Clerk ^Iffl
to furnish the parties or their attorneys with a list of twenty ggg^"^' ^^^"^
of the jurors to be drawn and selected by ballot from the whole
number of jurors who are in attendance, the names on said
lists to be numbered from one to twenty and be stricken ofif
by numbers in the same manner as the regular panels of jurors
in said Courts have been heretofore formed, from which said
list the parties or their attorneys shall alternately strike until
there shall be but twelve left, which shall constitute the jury
II20 CIVIL CODE
A. D. 1902. ~
"'-"^-^^^^ to try the case or issue. In all cases the plaintiff shall have
the first strike; and in all civil cases hereafter tried in the
Courts of Common Pleas of this State, any party shall have
the right to demand a panel of twenty competent and impartial
jurors from which to strike a jury. When the list aforesaid
is prepared by the Clerk and presented to the parties, or their
fjPj.'^^l'^y'g'^® attorneys, objection for cause must be made before striking,
when made, ^^id if any objections are sustained the Clerk must fill up the
list before the same is stricken.
Should the jury charged with any case be delayed in render-
ing their verdict, so that they could not be present to be drawn
from in making the list to form a second jury, then the Clerk
shall present to the parties, or their attorneys, a list contain-
ing the names of twenty jurors to be drawn by the Clerk
from the remaining jurors in the same manner as provided in
this Section, from which list the parties, or their attorneys, shall
alternately strike, as hereinbefore provided, until twelve are
left, which shall constitute the jury.
Waiver. j^ g^jj cascs of default, where it may be necessary to have the
verdict of a jury or in the trial of cases, when the parties, or
their attorneys, shall waive the right to strike a jury, the Clerk
shall, under the direction of the Judge, draw and empanel a
jury, who shall pass upon such matters as may be submitted
Default cases, to them in default cases, or the trial of such cases, when the
parties have waived the right to strike the jury, as stated in
this Section,
choosi' i"£orl° ^^^' ^^^^- Each jury, after being thus empaneled, shall re-
'"^"- tire and choose their foreman, or shall make such choice upon
R ^" s^" 239G- retiring with the first cause with which they are charged ; and
lb., 692, § 18. whenever the foreman is absent or excused from further ser-
vice, a new foreman shall be chosen in like manner.
jur^s^marS ^®°- ^^^^* ^^^ jurors summoucd to serve at any term of the
discharged. Courts of General Sessions or Common Pleas may be held be-
^^1896, XXII., yQj^ (J t]^g period for which they were summoned until all cases
in both of said Courts to be tried by jury are disposed of, or
until another jury shall have been empaneled to try such cases :
Provided, That nothing contained in this Section shall apply
to Courts of General Sessions and Common Pleas for York
County.
OF SOUTH CAROLINA.
ARTICLE III.
Objection to Jurors — Verdict.
Sec.
2944. Jurors may be examined by
the Court ; if not indiffer-
ent may be set aside.
2945. In penal actions, liability to
pay taxes no objection.
2946. Objection must be taken be-
fore trial.
Sec.
2947. Irregularity in venire, draw-
ing, &c., not to affect ver-
dict, except in certain cases.
2948. Verdict may be set aside
when treat or gratuity
given to jury by party.
2949. Jury failing to agree, course
to be pursued.
Section 2844. The Court shall, on motion of either party in be-^"e°xlmined
suit, examine, on oath, any person who is called as a juror ^^ *®^ *lndif-
therein, to know whether he is related to either party, or has any gepasiife^^ ^^
interest in the cause, or has expressed or formed any opinion, ^~^ ^^
or is sensible of any bias or prejudice therein, and the party ^gy ^y ^f^'
objecting to the juror may introduce any other competent evi-^ ^^•
dence in support of the objection. If it appears to the Court
that the juror is not indifferent in the cause, he shall be placed
aside as to the trial of that cause, and another shall be called.
Objection on account of relationship to parties litigant within sixth degree. —
State V. Jones, 43 S. C, 91; 20 S. E., 905; State v. Murphy, 48 S. C.,i; 25 S. E.,
43; State V. Brock, 61 S. C, 141; 39 S. E., 359; State v. Merriman, 34 S.. C,, 16;
12 S. E., 619. Objection on account of disqualification, burden of proof. —
State V. Weaver, 58 S. C, 106; 36 S. E., 499. Judge determines what questions
to ask. — State v. Nance, 25 S. C, 168. May be rejected because of formation
of opinion before hearing. — Sims v. Jones, 43 S. C, 91; 20 S. E., 905. When
such objection is insufficient. — State v. Summers, 36 S. C, 479; 15 S. E., 369;
State v. James, 34 S. C, 49, 579; 13 S. E., 325; 12 S. E., 657. Surety on recog-
nizance rejected. — State v. Prater, 26 S. C, 198, 613; 2 S. E., loS. Opposition
to capital punishment. — State v. James, supra; State v. Mcintosh, 39 S. C, 97;
17 S. E., 446.
The provisions, G. S. 2262; R. S. 2404, as to peremptory challenges in civil
cases is superseded by Section 2940 ante, as to striking jurors.
Sec. 2945. In indictments and penal actions for the recovery in penal ac-
i-rr-i-iii tions, liability
of a sum of money, or other thing forfeited, it shall not be a to pay taxes
1 1 • T 1 1 .no objection.
cause of challenge to a juror that he is liable to pav taxes m
C S 2264 •
any County, city or town which may be benefited by such re-R. s. " 2405-
covery. 693, '§ 23.
Sec. 2846. All objections to jurors called to try prosecutions, when objec-
. . - . tions to jurors
or actions, or issues, or questions arising out of actions or must be made.
special proceedings in the various Courts of this State, if not G. s. 2205;
1 , r , • • ,1 1 r 1 , . , , R. S. 2406;
made before the juror is empanelled for or charged with the i87i, x i v.,
.,- , . . . . ..69 3; 189 9,
trial of such prosecution, or action, or issue, or question arising xxiii., 39.
out of actions or special proceedings, shall be deemed waived ;
and if made thereafter shall be of none effect.
-C
1 1 22 CIVIL CODE
A. D. 1902.
■ _^- — »_ " State V. Quarrel, 2 Bay, 150; Pearson v. W'ightman, i Mill, 336; State v.
Fisher, 2 N. & McC, 261; State v. Billis, 2 McC, 12; State v. Slock, i Bail.,
330; State V. Williams, 2 Hill., 381; State v. Blackledge, 7 Rich., 327; State v.
Stephens, 11 S. C, 319; State v. Gill, 14 S. C, 410; State v. Clyburn, 16 S. C,
375; Todd V. Gray, 16 S. C, 635; State v. Anderson, 26 S. C, 599; 2 S. E., 699.
The Court will not grant such leave unless it appears that the party has been
prejudiced by such omission. — State v. Stephens, 11 S. C, 319; State v. Gill, 14 S.
C., 410. Where party objects to juror and the Court overrules the objection and the
party completes his jury without exhausting his right of challenge, the error
of the Court, if any, is cured. — State v. Price, 10 Rich., 356; State v. McQuaige,
S S. C, 431; State v. Gill, 14 S. C, 412; State v. Dodson, 16 S. C, 460; State
V. Anderson, 26 S. C, 599; 2 S. E., 699. Does not apply to grand jurors. —
State v. Boyd, 56 S. E., 382; 34 S. E., 661. Where objection was not known
before trial, it may be made after verdict. — Garrett v. Weinberg, 54 S. C, 127;
31 S. E., 341.
in^"^r^}Tr^I ^^^- 2947. No irregularity in any writ of venire facias, or in
not^^Tcf' alect the drawing, summoning, returning or empaneling of jurors,
Tn'^'^c'^e'r t'a^rn ^hall be Sufficient to set aside the verdict, unless the party
^^^^- making the objection was injured by the irregularity, or unless
R^'s^' 2407- the objection was made before the returning of the verdict.
lb., s ^- j>ut if such defects appear upon the record, they may be considered on mo-
tion in arrest of judgment. — State v. Stephens, 11 S. C, 319. This Section
applies to grand jurors as well as petit. — State v. Blackledge, 7 Rich., 327; State
v. Jeffcoat, 26 S. C, 114; i S. E., 440.
be^'^J^t*^^ aside ^60. 2948. If either party in a case in which a verdict is re-
gratuity'^^given tumcd during the same term of the Court, before the trial,
party."^""^ ^^ givcs to any of the jurors who try the cause anything by way
Q s. 2267; of treat or gratuity, the Court may, on the motion of the
Yi, §^26. ^^°^' adverse party, set aside the verdict and award a new trial of
the cause.
toagr'?e,cour"sf ^cc. 2949. When a jury, after due and thorough deliberation
to be pursued, ^pon any cause, return into Court without having agreed upon
R ^' s^' 2409- ^ verdict, the Court may state anew the evidence, or any part
lb., § 27. q£ j^^ ^^^ explain to them anew the law applicable to the case,
and may send them out for further deliberation ; but if they
return a second time without having agreed upon a verdict,
they shall not be sent out again without their own consent
unless they shall ask from the Court some further explanation
of the law.
Upon request coming from jury therefor, Judge may state only a part of the
testimony; he did not err in refusing defendant's request to have it all read. —
State v. Haines, 36 S. C, 505; 15 S. E., 555. Discretion of court to send back to
room or discharge. — State v. Stephenson, 54 S. C, 234; 32 S. E., 305. Unwar-
ranted detention. — State v. Kelley, 46 S. C, 55; 24 S. E., 60.
OF SOUTH CAROLINA.
ARTICLE IV.
Miscellaneous Provisions.
2950. Jury may view place, property
or thing in question ; pro-
viso.
2951. Penalty for non-attendance.
2952. Penalty for neglect of duty
in drawing jurors.
2953. Power of Coroners, &c., to
summon jurors.
2954. Feeding of juries to be paid
by the County.
Section 2950. The iury in any case may, at the request of .Jury may
•" -^ -' ... view place,
either party, be taken to view the place or premises in question,? rop.erty or
tr J ' sr r x ' thing in ques-
or any property, matter, or thing, relating to the controversy be-tion; proviso.
tween the parties, when it appears to the Court that such view ^ g. ^s. 2271;
is necessary to a just decision: Provided, The party mak-isji, ^ i v.,
ing the motion advances a sum sufficient to pay the actual ex-
penses of the jury and the officers who attend them in taking
the view, which expenses shall be afterwards taxed like other
legal costs, if the party who advanced them prevails in the
suit.
Sec. 295 L If a person duly drawn and summoned to attend Penalty for
sr J ^ ^ non-a t t e n d-
as a juror in any Court neglects to attend, without sufficient ance.
excuse, he shall pay a fine not exceeding twenty dollars, which ^^ G. ^s. 2272;
shall be imposed by the Court to which the juror was sum--^^- 694, § 29.
moned, and shall be paid into the County Treasury.
Sec. 2952. When, by neglect of any of the duties required by ^ '^^'^f-^l ^ ^°\
this Chapter to be performed by any of the officers or persons duty. >« ^^^aw-
herein mentioned, the jurors to be returned from any place — ^ g 2273-
are not duly drawn and summoned to attend the Court, every R- s.^^ 2412;
person guilty of such neglect shall pay a fine not exceeding
one hundred dollars, to be imposed by the same Court, to the
use of the County in which the offence was committed.
Sec. 2953. Nothing contained in this Chapter shall affect the coron^rs^ \f
power and duty of Coroners, Clerks, or Magistrates, to sum- to summon ju-
mon and empanel jurors, when authorized by other provisions — ^ g 2274^
of law R- S. ' 2413;
°^ ^^^^- lb., § 32.
Sec. 2954. Whenever any Circuit Judge shall order food -p^^^^^ ^f
to be furnished by the Sheriff to any jury charged with theJ^T^^s ^to ^be
consideration of a case, the expenses connected therewith shall County.
be paid by the County Commissioners of the County in which ^ g^-^ s. ^414;
such case is being tried, upon presentation of the bill of the^oss.
Sheriff, certified as correct by the Presiding Judge.
1 124
A. D. 1902.
CIVIL CODE
TITLE III.
OF REMEDIES RELATING TO REAL PROPERTY.
Chapter XCVI. Certain Proceedings by Remaindermen
Heirs, &c.
Chapter XCVII. Forcible Entry and Detainer, and Sum-
mary Ejectment of Trespassers.
Chapter XCVIII. Escheats.
CHAPTER XCVI.
Certain Proceedings by Remaindermen, Heirs, &c.
Sec.
2959. Guardian to continue iu pos-
session, &c., in certain cases.
2960. Guardians, &c., holding es-
tates after determination
of life of minor, &c., ad-
judged trespassers.
2961. Heirs, &.C., may recover dam-
ages.
2962. Right of entry not tolled by
descent cast ; exceptions.
Sec.
2955. Remaindermen, &c., may com-
pel guardians, &c., to pro-
duce minor, &c.
2956. If not produced, to be taken
to be dead, and claimant
may enter on land, &c.
2957. On affidavit that minor, &c.,
is beyond sea, claimant may
send over persons to view
such minor, &c.
2958. If it appear that infant, &c.,
Is alive after order made,
such infant, &c., may re-
enter.
me^^sTc^i^may Scctlon 2955. Any person who shall have any claim or de-
ia:S^^&/"^'^^o ™^^^ ^^^ or to any remainder, reversion, or expectancy in or to
m^'or*^\c* ^ ^ ^^y estate after the death of any person within age, married
^ g 2275; woman, or any other person whatsoever, upon ai^davit made
6^'Ann' c.^^il- ^X ^^^ pcrson SO claiming such estate, of his or her title, and
1712, II., 561, ^Yi^^ j^g Qj. g]-^g j^^g (.^i^ge to believe that such minor, married
woman, or other person is dead, and that his or her death is
concealed by such guardian, trustee, husband, or any other
person, may, once a year, apply to the Court of Common Pleas
for an order requiring such guardian, trustee, husband, or
other person concealing, or suspected to conceal, the death
of such person, at such time and place as the said Court shall
direct, on due service of such order, to produce and show to
such person and persons (not exceeding two) as shall, in such
order, be named by the party prosecuting such order, such
minor, married woman, or other person as aforesaid.
OF SOUTH CAROLINA.
Sec, 2956. If the person proceeded against shall fail to pro-
duce such infant, married woman, or other person, according jy^g^j^^^^ p^^
to the direction made, the Court may appoint Commissioners, j^g^a^^j*^"^^^
before whom such infant, married woman, or other person, ^jf^^^^J^ j*^^^
may be produced. If the said person cannot be produced, ov^
there should be other satisfactory proof before the Commis- j^/^- s^- IIH':
sioners of the death of such person, they shall make return i7it""ir.|'' sgiI
of the fact on oath ; and such person sought shall be taken to ^ ^•
be dead ; and any lawful claimant of any estate held by or for
such person, shall be let into the possession of the same.
Sec. 2957. Should it appear by affidavit that the person t°at ''mfnor!
sought is, or lately was, at some certain place beyond the limits fe^' '%iaim°an't
of this State, the Court may direct the Commissioners to make ^rsons"to vkw
personal search at the place or places named : Provided, That I" ^ ^ n^'no'''
the person prosecuting such order shall provide the necessary q. s. 2277;
expenses of such search. And upon return of the Commis- fj,;^ §\ ^"''
sioners, duly made and filed, of their failure to view such per-
son alleged concealed or absent, or other satisfactory proof of
death, such person shall be taken to be dead ; and any lawful
claimant of any estate held by or for such person, shall be let
into possession of the same.
Sec. 2958. In case it should afterwards appear that such that ku^n^t!
concealed or absent person sought was living at the time any after 'o rVe^r
proceedings under the provisions of this Chapter were had,^ntr'&c!!^ m*ay
such person, or any and all persons claiming title under orI!l!!Lf!J
through such person concealed or absent, may re-enter upouR. "s. ' 24isi
said estate, and may have their action of damages for the rents "
and profits during eviction.
Sec. 2959. Nothing herein contained shall prevent any guar-cont?nue'^"i*n
dian, husband, or trustee, from showing by satisfactory proof fn^^"e'rt afn
that the infant, married woman, or other person sought, was!!!!!:
actually living at the time proceedings for a view of such per-R. 's. " 2419-
son were commenced.
Sec. 2960. Every person who, as guardian or trustee for any &c., h o^ d^kfg
infant, and every other person having any estate determinable determination
upon any life or lives, who, after the determination of such nor/ &c° ad-
particular estate or interests, without the express consent of pasfe%. ^^^^'
him, her, or them, who are, or shall be, next and immediately g. s. 228O;
■p c 9 J.9A *
entitled upon and after the determination of such particular /j,'., 563, § 5. '
estates or interests, shall hold over and continue in possession
of any lands, tenements, or hereditaments, shall be, and are
hereby, adjudged to be trespassers.
1 126
CIVIL CODE
A. D. 1902.
^—"v"'*^ Sec. 2961. Every person and persons, his, her, and their
m a^y'^^^recwer cxecutors and administrators, who are, or shall be, entitled to
damages.
R.
lb.
any such lands, tenements, and hereditaments, upon or after
^'s^' 2421- 1^^ determination of such particular estates or interests, shall
and may recover in damages against every such person or per-
sons so holding over as aforesaid, and against his, her, or their
executors or administrators, the full value of the profits re-
ceived during such wrongful possession as aforesaid.
ent^ nlt\ak°en ^cc. 2962. The dying of any disseizor, seized of or in any
fuf^hdr°s"&c^^l^i^<^s, tenements, or other hereditaments, having no right or
an y'^^dtss^eizor title therein, shall not be taken or deemed any such descent
dying seized, ^^ ^^ ^^^^ away the entry of any such person or persons, or
Q s_ 2282; their heirs, which, at the time of the same descent, had good
32' H.^8, c"^33; ai'^d lawful title of entry into said lands, tenements, or heredita-
Code ^of' Pro- nicnts, cxccpt sucli disscizor has had the peaceable possession
cedure, § 98. q£ g^^j^ lauds, tenements, or hereditaments, for the space of
ten years next after the disseizin therein by him committed,
without entry or continual claim by or of such person or per-
sons as have lawful title thereunto.
CHAPTER XCVII.
Forcible Entry and Detainer, and Summary Ejectment of
Trespassers.
Article i. Forcible Entry and Detainer.
Article 2. Summary Ejectment of Trespassers.
ARTICLE 1.
Forcible Entry and Detainer.
Sec.
2963. None but lawful and peace-
able entry to be made.
2964. Magistrates to have jurisdic-
tion of forcible entries and
detainers.
2965. To put party ousted in pos-
session.
2966. Feoffments made by persons
wrongfully in possession
void.
2967. Action may be had against
person wrongfully disseiz-
ing.
Sec.
2968. In case of recovery, plaintiff
to have treble damages.
2969. Proceedings in cases of forci-
ble entry, &c.
2970. Restitution of possession
shall be given, to avoid en-
tries with force, in estates
for years, &c.
2971. Not to affect tenants who
have held by force three
years.
OF SOUTH CAROLINA.
Section 2963. No person shall make any entry into any lands
and tenements, but in case where entry is given by law; and inia^Tui^nd
such case not with strong hand, nor with multitude of people, tPf^brmade"*"^^
but only in peaceable and easy manner. q g 2290 ;
State V. Seivin, I Brev., 119; State v. Huntington, 3 Brev., iii. ^- -^ •='2 J' 2'
Sec. 2964. Any two Magistrates of the County wherein such^^^^, ii., 442.
lands and tenements may be situated, shall have authority and ^^ KTurfs*
power to inquire by the people of the same County, as well^^'^.^'^j^j^^^j^J
of them that make forcible entries in lands and tenements, as^"'^ detainers,
of them which hold the same with force. r.^'s^' 2423;
State V. Huntington, 3 Brev., iii. It is not necessary to constitute a forcible S^^H. 6^ c.^^9;
entry that it should be made by a multitude. — State v. Burt, 3 Brev., 413. Any g 3_'
actual unlawful taking possession is a forcible entry. — lb.
Sec. 2965. If it be found, before any of them, that any do ^ J^J^^^p^^^^.
contrary to this Chapter, then the said Magistrates shall cause session.
to be reseized the lands and tenements so entered or holden, ^^ G. ^S. 2292;
as aforesaid, and shall put the party so put out in full posses- ^^•
sion of the same lands and tenements so entered or holden,
as before.
Restitution should not be made until the issue as to the force, if made, is
tried. — State v. Dayley, 2 N. & McC, 121.
Sec. 2966. If any person, after such entry into lands or tene- ^J^^ "^Jf'"^'^*^
ments holden with force, make a feoffment or other discon-?°" ^I^UjJy
tinuance to any person, to have maintenance, or to take away^^f^f;
and defraud the possessor of his recovery in any wise, and jj/^s^2426f ^1
afterwards in an action thereof to be taken or pursued before H^2,^ii.,''' 444!
Magistrates by due inquiry thereof, such feoffments and dis-§=^-
continuances are duly proved, to be made for maintenance as
aforesaid, then such feoffments or other discontinuances shall
be void, frustrate, and of none effect.
Sec. 2967. If any person be put out or disseized of any lands ^^^'^^twn^m^ay
or tenements in forcible manner, or put out peaceably, and be P^[j°y°^jg;'g'i^f,f^;
afterwards holden out with strong hand, or, after such entry, ^ g^ 2294;
any feoffment or discontinuance in any wise thereof be made, ^^•5^-^1427; /b..
to defraud and take away the right of the possessor, the party
grieved in this behalf shall have an action against such
disseizor.
DeLaine v. Alderman, 31 S. C, 267; 9 S. E., 950.
Sec. 2968. If the party grieved recover in such action, and ^ ^ j'l ^""^^ °\
it be found by verdict, or in other manner by due form of g'^^'^^Ve^bi^e
law, that the party defendant entered with force into the lands '^^^'^ses.
and tenements, or, after his entry, did hold them with force, jj/| iksffb^.
the plaintiff shall recover treble damages against the defendant.
II2J
CIVIL CODE
A. D. 1902.
r • Sec. 2939. The forms and proceedings before ^Magistrates
in c^seroMo? "^ cases of forcible entry and detainer, shall be the same as
Ic.N^ame^asTn^^^ prescribed by law in cases where tenants hold over after
Tift^ °ioidfng ^^^ expiration of their leases.
°^'^'^- Sec. 2970. Any two ^Magistrates authorized and enabled,
R.^"s^' 2429; "P°" inquiry, to give restitution of possession unto tenants of
1S20, VI., 3S8, ^^y estate of freehold of their lands or tenements which shall
Restitution of b^ entered upon with force, or from them withholden by force,
shall ^bl ViveS s^^^^ liave the like and the same authority and ability (upon
t°rieT\v itli ^^*^^^^™^^'^ °^' ^^^^^^ forcible entries or forcible withholdings
tateT'for years^ ^^^°^^ them duly found) to givc like restitution of possession
^ unto tenants for term of years, of lands or tenements by them
R *^s 2430^^21 SO holden, which shall be entered upon by force, or holden from
J^i-^.-,^'jj'^- ^^'' them b}' force.
Sec. 2971. They which keep their possessions with force in
tenants w h o any lands and tenements whereof they or their ancestors, or
f cTrce^ three they whosc cstatc they have in such lands and tenements, have
L^L^ continued their possessions in the same bv three vears or more.
G S "98"
R. s. idi; 8 shall not be endangered by force of this Chapter.
H. 6, c. 9;
1712, II., U5,
S 7.
ARTICLE II.
Summary Ejectment of Trespassers.
Sec.
2972. Proceedings before Magis-
trate to eject trespasser ;
proviso.
Sec.
2973. Fees of Magistrate and Sher-
iff or Constable : by whom
paid ; payable in advance.
2974. Right of appeal : suspension.
of warrant ; injunction.
Duty of Mag- Section 2972. If any person shall have gone into or shall
istrate m cases ^ ^ "
of trespasses, hereafter go into possession of any lands or tenements of an-
■ R- ^,4W' other without his consent or without warrant of law, it shall be
556. lawful for the owner of the land so trespassed upon to apply to
any ^Magistrate to serve a notice on such trespasser to quit the
premises ; and if after the expiration of five days from the per-
sonal service of such notice such trespasser refuses or neglects
to quit, it shall then be the duty of such ^Magistrate to issue
his wan-ant to any SherifT or Constable, requiring him forth-
with to eject such trespasser, using such force as may be neces-
^^. ^ sary : Provided, hozuevcr, That if the person in possession shall,
before the expiration of the said five days, appear before such
^Magistrate and satisfv him that he has a bona fide color of
OF SOUTH CAROLINA.
claim to the possession of such premises, and enter into bond
to the person claiming the land, with good and sufficient se-
curity, to be approved by the Magistrate, conditioned for the
.payment of all such costs and expenses as the person claiming
to be the owner of the land may incur in the successful estab-
lishment of his claim by any of the modes of proceeding now
provided by law, the said Magistrate shall not issue his war-
rant as aforesaid.
May be maintained by agent of owner. — Bradley v. Bell, 34 S. C, 107; 12 S.
E. 1071.
Sec. 2973. The Magistrate shall be entitled to demand andi s^t^a^t e^Sd
receive from the person applying for such warrant a fee of two stawk °^ °"'
dollars before issuing the same, and the Sheriff or Constable r. s. -zizr,-,
shall in like manner be entitled to demand and receive a fee of '
two dollars and mileage before executing such warrant from
the person applying for the same.
Sec. 2974. Either party to these proceedings shall have the right ^of^'^ap^
right of appeal. The Magistrate shall not issue his warrant £fil.
until the expiration of five days after he announces his de-jb.
cision, and in the meantime the defendant may apply for an
injunction, as in other cases, restraining the execution of such
warrant pending the determination of his appeal by the Circuit
Court.
R. S. 2434;
CHAPTER XCVIII.
Escheats.
Sec.
2975. Secretary of State to act as
escheator.
2976. When escheator may buy for
Sinking Fund Commission.
2977. Escheator to make annual re-
port.
2978. Property escheated prior to
March 9th, 1896, not af-
fected.
2979. Escheator to notify Circuit
Judge of any supposed es-
cheated lands.
2980. Judge to cause jury to make
inquest ; same to be certi-
fied to Escheator : who re-
cords same and returns
original to Court.
2981. On return of inquest, lands
to be advertised for six
months, with name of per-
son last seized, &c.
Sec.
2982. If not claimed for twelve
months after advertising,
lands to be escheated and
sold.
2983. Sale, how to be advertised ;
terms of.
2984. May be sold in parcels ; pro-
ceeds to be paid into Treas-
ury.
2985. Persons making good title
within five years to have
compensation.
2986. Lands to be committed to
claimant on his giving se-
curity, &c.
2987. No claimant appearing, Es-
cheator to rent lands until
sale ; damages where prose-
cution is without probable
cause.
II30 CIVIL CODE
A. D. 1902. —
Sec.
2992. This Chapter to be observed
where persons die without
heirs, &c.
2993. Estates of felons to descend
to their representatives.
2994. Not to contravene any treaty
&c., oetween United States
and foreign powers.
2995. Commissions of Escheators.
2996. Escheators not to purchase
escheated lands : penalty.
2997. Penalty for neglect of duty,
&c.
v.-,*--y-w./ Sec.
2988. State not precluded from in-
quest of lands escheated, by
possession, grant, &c., ex-
ception.
2989. Escheator to sue for personal
property in hands of exec-
utors, &c. ; when ; proceeds
to be paid into Treasury.
2990. Treasurer to advertise same
for sis months ; if not
claimed in two years to
vest in State.
2991. Rights of persons under dis-
abilities not affected until
three years after removal
thereof.
o^f^statl^af Es^ Sectioii 2975. The duties of escheator are devolved hereafter
cheator. upoii the Secretary of State as agent of the Board of Com-
t he ^dlre^tion missioncrs of the Sinking Fund, and as escheator the Secre-
Fund^Commi's^ tary of State shall act under the direction and control of the
^'°"' Board of Commissioners of the Sinking Fund, and under the
^^1896, X 'I ., (jjj-g(.j-jQj^ Qf ggj(^ Board may use such of the funds and the ser-
vices of such of the sub-agents of the said Board as in their
discretion may be necessary to efficiency in discovering, rent-
ing, litigating and realizing money from escheated lands
under existing law, and shall turn over to the State Treasurer
the net proceeds of escheats after deducting and retaining
therefrom for the benefit of the Sinking Fund so much money
as in their opinion will reimburse the Sinking Fund for moneys
and agents' services used and advanced as aforesaid, and also
any other expense necessarily incurred in executing the law
and protecting the interest of the State in matter of escheats :
Provided, That costs and expenses incurred as aforesaid (on
account of agents' services, money advanced or otherwise) in
one case may be deducted and retained from the proceeds of
any other case of escheatment in the discretion of the Com-
missioners of the Sinking Fund.
caif^upon^those ^^ cascs where the process of escheatment is now in progress
r^chl'Tt^^d the Secretary of State, as agent as aforesaid, is authorized to
charge "^ for *a ^^1^ upon escheators heretofore having case in charge for a full
report, &c. ^^^ detailed report and account of the case, with authority,
under direction of the Board of Commissioners of the Sinking
Fund, either to require said former escheator, under direction
of the Secretary of State, as agent as aforesaid, to continue
and conclude the process at commissions heretofore allowed
said former escheator, or in the discretion of the said Board
OF SOUTH CAROLINA.
to require said former escheator to forthwith turn over the
case and all funds in his hands (whether derived from said
incomplete case or from any former or other case of escheat-
ment) to the Secretary of State, as agent aforesaid; and when
such incomplete case is finally settled, the Secretary of State, as
agent as aforesaid, shall allow and pay to the said former es-
cheator, out of the funds derived therefrom, such a proportion
of the commissions heretofore alfowed by law to escheators
as, in the judgment of the Board of Commissioners of the
Sinking Fund, said escheator is entitled to under the circum-
stances of the case.
Sec. 2976. At any sale of escheated property, if, in his judg-^,j^g3j^oJ.^"^f^j
ment, the property is being sold at a sacrifice, the Secretary of •'^''7pu°nj l'^"^
State shall be authorized to buy the land in for the Commis- mission.
sioners of the Sinking Fund (or to cause the same to be bid ^^- ^ *"
in), and upon payment of the costs accrued thereon to cause
the title deed to be made therefor as escheated property to the
Commissioners of the Sinking Fund, who shall rent or sell
the said property in such manner, at such time and upon such
terms as, in their judgment, shall be for the best interests of
the State, and apply the proceeds thereof as above directed.
Sec. 2977. A report shall be made annually by the Secre- property ^n*^^t
tary of State, to be included in his annual report, showing thef^^!!!lj
receipts and payments under the provisions of this Article in ^''" ^ ^'
each case of escheat, with the items thereof; and in case any
escheated property be purchased by said Commissioners, their
annual report shall show all resales of such property, and all
income, rents and profits derived from such property while
held by said Commissioners. Esch e a t e d
Sec. 2978. Nothing in the three preceding Sections con-aSeaed^
tain^d shall apply to any property escheated prior to the ninth /&., § 7.
day of March, 1896, which by law was escheated for the benefit
of any special purpose or object.
As to disposition of proceeds of escheated property see Const., Art. XL, Sec. ii;
Art. XVir., Sec. ii.
Sec. 2979. The Escheator, as hereinbefore provided for, in or^^'to ^^notffy
every case where, on his knowledge or- belief, or on the infor- ^"ft^^court^'.^f
mation of another, that certain lands in his respective lYc h^e a'\°e^d
Counties have been escheated to the State by the death of the '^"'^^-
person last seized in fee simple, either in law or in fact, with-j^^g^- H^i
out leaving any person who can lawfully claim such lands, Y%'; code Uf
either by purchase or descent, from such former proprietor, ^'^gl.'^^ '^""^*'
CIVIL CODE
shall, on such knowledge or information, or the order of any
Court of record, issue his notification of such supposed es-
cheated lands to one of the Judges of the Circuit Court, at least
two months previous to the next session of the said Court to
be held in the County where such lands lie.
Lands shall not escheat where there is one capable of inheriting. — Scott v.
Cohen, 2 N. & McC, 293. Citizens, appointees of an alien, holding under deed
with power of appointment, made before office found, take t7ie property. — Es-
cheator v. Smith, 4 McC, 452. The Aft of 1787 construed. — McCaw v. Galbriath,
7 Rich., 74. As to service of notice. — In Re Malone, 21 S. C, 435.
caus't "^jur^y \o ^^^- 2980. The Judgc presiding at such Court shall cause
Mme^ to^bTclr- the jury (being first duly sworn) to proceed and make a true
ImT escheafor inqucst of all such supposcd escheated lands, which by the Es-
andTeTumTrl- chcator shall bc subjected to their investigation, and a true
ginai to Court. yej-(ji(,|- niakc thereon ; whereupon the Judge of the Court afore-
R.^'s^" 2439; ssid shall certify the same, under his hand and the seal of the
§'!'' ^■' *'' Court, to the Escheator, who is hereby ordered and directed
to record the same in a book to be kept by him for that pur-
pose, and shall return the original within two months after the
date thereof into the office of the Clerk of the said Court, to
be there filed and kept as a record thereof.
ii^uesf"'iands Scc. 2981. On the return of any inquest of supposed es-
tised^*^ for^^sw cheated lands by the Escheator into the office of the Clerk of
name^^of per^ '^^^ County whcrc the lands lie, he shall thereupon cause to
|on last seized, ^^ advertised, in a newspaper of the County, or other nearest
Q s. 2302; gazette, the first week in every month, for six months, a notice
fb., f 3; 1839I containing a particular description of the lands, the name of
XI., no, § 24. ^j^g person last seized, and the supposed time of his or her
death, together with the part of the world in which he or she
was supposed to have been born, and requiring his or her heirs,
or others claiming under him or her, to appear and make claim.
If not claimed gcc. 2982. If no pcrsou shall appear and claim the same
for twelve ^ '^^ -
months after within twclvc months after the expiration of the time pre-
a d V e r tismg, '^ -"^
lands to be es- scribed for advertising, the said Clerk shall issue process, to be
cheated and °' r- '
^^ signed by the Judge of the Circuit Court of the said County,
R ^s fiii^'^n?' ^° ^^^ Escheator, pronouncing the said lands escheated and
vested according to law, and directing him forthwith to sell
and convey the same, upon the usual notice.
Title vests in the State at death of owner; it is not vested by this judgment
of the Court. — City Council v. Large, i Mill., 454; Harlock v. Jackson, 3 Brev., 254.
Sales to be gcc. 2983. As soou as the Escheator shall receive the process
advertised for _ '^
six weeks. [^^ ^lic preceding Section mentioned, he shall advertise the sale
R^'s^' 2442-°^ ^^^^ lands in a newspaper of the County, or other nearest
17S7, v., 47, gazette, and, also, in the most public places of the County
OF SOUTH CAROLINA.
in which the lands lie (giving six weeks' public notice), on
a credit of twelve months, payable in lawful money ; and shall,
moreover, take good and sufficient surety, and a mortgage of
the premises, before the title shall be altered or changed.
Bodden v. Speigner, 2 Brev., 321; Ex parte Malone, 21 S. C, 435.
... 1 , Lands may
See 2984 Where the lands shall exceed six hundred acres, be divided into
' • 1 1 i 4- 4-U smaller tracts;
and can be divided into smaller tracts with advantage to the p r o c e eds 9f
1 11 .1 sale to be paid
State in the sale thereof, the Escheator shall cause the same into Treasury.
to be divided in such manner as shall be most beneficial to the ^ g. ^s. 2305;
State ; and the proceeds arising from such sale shall be forth- li., § 5.
with paid into the public treasury whenever the same shall be-
come due and recovered. Persons mak-
Sec. 2985. If any person shall appear, withm five years, anding good twe
make o-ood title to such lands, in the Court of Common Pleas, years to have
^5 , , . . , . 1 , compensation.
on an issue tried, he shall forthwith receive adequate com-__— _- — -
pensation. R- s. 2444; ib.
Ex parte Williams, 13 Rich., 77.
Sec. 2986. Any person, without delay, shall be heard on a ,^^^"i^4d'° "^l
traverse, in the Court of Common Pleas, on a petition setting ^!^i;^|nt^°^J;^
forth his rights, and the said lands shall be committed to him, ^2:_^
if he shall show good evidence of his title, to hold until thej^^-g^- |°?:
right shall be found and discussed for the State and the claim- ^^■' § ^■
ant; such claimant finding sufficient security to prosecute his
suit to effect, and without delay, and to render to the State the
yearly value of such lands, if the right be found for the State.
This Section does not give traverses of escheat precedence on docket. —Lance
V. Dobson, Riley 301. Each traverse is a separate case and should be tried sepa-
rately.—McCaw V. Galbraith, 7 Rich., 74; In Re Malone, 21 S. C, 435-
, Sec. 2987. Where no claimant shall appear to make title as ^^^w h^e r e no
aforesaid, the Escheators shall rent out the escheated lands, if pears, ^escheat-
the same can be done with advantage to the State, until the land, ^&c.;^es-
process of escheat shall be concluded and the lands sold: Pro- for damages^if
vided, nevertheless, That if any suit for property supposed to wkhout^^^prob-
be escheated shall be prosecuted by any Escheator, and the ^ ^ ^sos;
jury before whom such trial shall be had shall think there isR. s. 2446; ib.
no probable case, such jury are authorized and required to
assess and award to the party grieved such damages as they
shall think proper. _ ^ st^ate not^pr^
Sec 2988. The State shall not be precluded by possession,making in-
. - J. , . . quest, &c. ; not
grant, conveyance, or any other cause or title, from making m- to^.aff«:t jands
finest and sale of all such lands as have heretofore escheated to grants, &c.,for
quest diiva oa.i<_ ^ . 1 1 J- 1 fi'^s years prior
the State by the death of the person last seized thereof ; any law, to July 4, i776.
custom or usage to the contrary notwithstanding: Provided, ^g. s. 2309;
lb., 48," § 7. *
CIVIL CODE
That no lands claimed under grant, or under an actual posses-
sion for five years, prior to the fourth of July, one thousand
seven hundred and seventy-six, shall be affected by this
Section.
Statute of Limitations cannot bar an escheat. — Harlock v. Jackson, 3 Brev.,
254. But escheat cannot operate against one who has acquired title by possession
before death of person in whose name the property is escheated. — Wilkins v. Tart,
3 McC, 518. A grant of five years' previous possession before 4th July, 1776,
exempts from escheat. — Warwick v. Wightman, i Brev., 331; Wilkins v. Tart,
3 McC, 518.
Personal es- gcc. 2989. Where any moneys or other personal estate shall
tate to which j j r
there is no ^g f ound in the hands of an executor or administrator, being
heir, shall re- °
vert to the the property of any person heretofore deceased, or hereafter
-— : — dying, and leaving no person entitled to claim, and without
R- s. 2448; making disposition of the same, the Escheator of the County
§ 8. ' where such chattels shall be found, or the Attorney General,
on behalf of the State, shall and may sue for, recover, and
pay the same into the treasury of the State.
The term escheat applies to personalty as well as realty. — Howard v. Schmidt,
Rich. Eq. Ca., 452. The escheator stands in place of distributees, and can only
bring such action against the legal representative of the person whose property
is escheated, and not against the administrator of his administrator. — Gill v.
Douglass, 2 Bail., 387. Such administrator is liable for interest on fund during
litigation. — Howard v. Schmidt, Rich. Eq. Ca., 452.
urfr'^to Idve?- ^cc. 2990. The State Treasurer, for the time being, shall ad-
six^ m^ontL-^'if^^'"^^^^ such chattels in some newspaper, once in every month,
not claimed in £qj. gj^ mouths, in like manner as lands are hereinbefore di-
two years, to '
vest in State, rectcd to be advertised ; and if no person shall appear and
R % uiQ^^Yb' i^ake good title to such personal estate within two years there-
after, other than as executor or administrator, or their legal
representatives, then such personal estate shall become vested
in and applied to the use of the State.
pe^sMs^inder Scc. 2991. Nothing herein contained shall prejudice the
s ef'v'e'd for rights of individuals having legal title, and who may be under
ter^^heiv^ ?e- ^^6 disabilities of infancy, coverture, lunacy, or beyond the
'"°^^'- limits of the United States, until three years after such dis-
R ^' s^' 245o| abilities shall be removed.
^^■' § ^" Applied. — Ex Parte Williams, 13 Rich., 77. This Section saves only the right
to traverse an inquisition of escheat; it cannot divest a title acquired by possession
under Section 29S8, or under Act 1712.— Warnock v. Wightman, i Brev., 331.
to be^ observed Scc. 2992. Every part of this Chapter, and the mode therein
die" without prescribed for recovering and appropriating real and personal
J^ property escheated to the State, shall be pursued and observed
V S 2313 •
R. ■ s. ' 2451; when any person shall hereafter die without heir, or become
■' ' ■ divested thereof by operation of law, without leaving any legal
representative.
Bodden v. Speigner, 2 Brev., 321; In re Malone, 21 S. C, 435-
OF SOUTH CAROLINA.
Sec. 2993. No property shall be vested in the State, or any
inquisition had by the Escheator, where any person or persons feion^o d/-
shall have committed or may commit any felony against the f/p^J^^^^^t^^t^^^^
State; but the said property shall descend to, and be vested in, g. s. 23U;
R S 2452-
the representatives of such person or persons. /b., §13.
Sec. 2994. Nothing in this Chapter contained shall be con- ^^t to con-
strued to extend to or contravene any treaty or agreement that ^^^i^^t^^^^j^^;; '^Z.
is or may be entered into between the United States of America ^^^^f^"^ ^^d^fof-
and any foreign prince, state, or potentate, on the subject pf e'gn powers,
descents and inheritances. r. 's. ' 2453!
Sec. 2995. Every Escheator shall, as a compensation for his-^^- § ^•
trouble, cost, and charges in the discharge of his duty, be en-„f*^°™he'/t°"s^
titled to receive the commission of two and a half per cent. g. s. 2320 ;
out of all moneys which, in virtue of this Chapter, shall be paidf^;^ §^10 ^^^^'
by him into the treasury; and where any person or persons
shall appear and make title to lands or personal estate, after
office found by the jury, the Court shall have power to assess
such reasonable costs and charges as the Escheator has sus-
tained in promoting the claim of the State, except in cases
where he has already received his commissions.
Sec, 2996. No Escheator, or person acting as such, shall, E^di^ijors^ not
directly or indirectly, either by himself or any person whom- ^^h^^ ^ t^e^d «-
soever, purchase, or be concerned with any person or Persons —^—^—^
in purchasing any escheated lands, without being subject and r^^ ' s. ' J455:
liable to the payment of five thousand dollars, to be sued for
and recovered in any Court of record, one-half for the benefit
of the informer, who shall sue for and recover the same, and
the other half to be applied to the use of the State; and the
said Escheator shall also be rendered incapable of holding or
exercising any office of trust or emolument therein.
Sec. 2997. If any Escheator shall fail to do his duty, as^^Penaity for
herein directed, on behalf of the State, and any loss or dam — ^ g ^3^^.
age shall accrue to the State by his misconduct and fraudulent R.'^s.^' 2450!
practices, he shall be responsible for all such loss or damage,
and the Court of Common Pleas shall have power and authority
to order a prosecution in the name of the State; and the jury
shall try the fact, and assess the damages; and, upon con-
viction, such Escheator or Escheators shall be incapable forever
thereafter from holding any place of trust or profit within this
State.
CIVIL CODE
TITLE IV.
OF THE WRIT OF MANDAMUS AND PROCEEDINGS
IN SPECIAL CASES.
Chapter XCIX. The Writ of Mandamus.
Chapter C. Chattel Morte^a^es and Liens.
CHAPTER XCIX.
The Writ of Mandamus.
Sec.
2998. Return to be made to first
writ ; Court may allow time.
2999. When return is made, the
prosecutor may plead, &c.
Sec.
3000. Place of trial ; damages and
costs ; peremptory writ.
3001. Respondent not liable in other
actions, if damages recov-
ered.
Returns to Sectioii 2998. Where any writ of mandamus shall issue ouL
be made to the
first writ, of aiiv of the Courts of this State, such person or persons as
Court may al- _ '^ ^
low time to are required to make a return to such writ of mandamus shall
make return to
mandamus. make his or their return to the first writ of mandamus : Pro-
R ^s %Jf-%^^^^^^' That it shall and may be lawful to and for the said
Ann, c. '20; Courts, or the Judges thereof, to allow such person or persons,
§ 1;' lb.,' 570, respectively, to whom an}^ writ of mandamus shall be directed,
such convenient time to make a return, plead, reply, rejoin, or
demur, as to them shall seem just and reasonable.
Issue of fact may be referred. — State v. Columbia, 22 S. C, 583.
wiien return Scc. 2999. As oftcn as in any of the cases aforesaid any writ
IS made, tne _ -^ -^
prosecutor may of maudamus shall issue out of any of the said Courts, and a
plead, &c. _ -^
— - — - — -— - return shall be made thereto, it shall and may be lawful to and
fb 5ra If^' ^^^ ^^^ person or persons suing or prosecuting such writ of
mandamus to plead to or traverse all or any the material facts
contained within the said return ; to which the person or per-
sons making such return shall reply, take issue, or demur ; and
such further proceedings, and in such manner, shall be had
therein as may be necessary for the determination thereof.
Place of trial, Scc. 3000. If any issue shall be joined on such proceedings,
damages and . .
costs. the person or persons sumg such writ shall and may try the
G. s. 2344; samc in such place as a civil action should or might have been
R. S. 2459" lb. .
- ' " tried ; and in case a verdict shall be found for the person or
persons suing such writ, or judgment given for him or them
OF SOUTH CAROLINA.
upon a demurrer, or by default, or for want of a replication or
other pleading, he or they shall recover his or their damages
and costs in such manner as he or they might have done in a
civil action ; and a peremptory writ of mandamus shall be
granted without delay for him or them for whom judgment
shall be given, as might have been if such -return had been
adjudged insufficient; and in case judgment shall be given for
the person or persons making such return to such writ, he or
they shall recover his or their costs of suit.
Issue must be tried in County where respondent resides. — State ex rel. LaMotte
V. Smith, so S. C, 558; 27 S. E., 933. The term "civil action" means "action
on the case" under the practice before the Code, and the costs here allowed
are such as were allowed therein, and not those in civil actions under the Code. —
State V. Treasurer, 8 S. C, 40. Where the issues are tried by the Court no costs
are allowed. — lb.; State v. County Commissioners, 18 S. C, 597.
Sec. 3001. If any damages shall be recovered by virtue of other action"!
this Chapter against any such person or persons making return recover^e^T&c.*
to such writ, as aforesaid, he or they shall not be liable to be
sued in any other action or suit, for making such return.
G.
R. S.
S. 2315;
2460; lb.
Article i.
Article 2.
CHAPTER C.
Chattel Mortgages and Liens.
Chattel Mortgages.
Liens on Lands and Buildings for Labor and Ma-
terials.
Article 3. Liens on Ships and Vessels for Labor and Mate-
rials.
Article 4. Liens on Railroads for Labor and Materials.
Article 5. Agricultural Liens.
Article 6. Liens of Owners of Stock Animals.
Article 7. Liens of Employes in Factories.
ARTICLE I
Chattel ^
/lORTG
Sec.
Sec.
3002.
Description in.
3006.
3003.
Time for redemption of goods
and chattels sold by way of
mortgage.
3007.
3004.
Sale under chattel mortgage,
how to be advertised.
3005.
Mortgage of crops valid only
for one year.
Mortgagor of chattel to have
right to redeem any time
before sale.
Indulgence of mortgagor not
to defeat lien.
y2. — C
1 138 CIVIL CODE
A. D. 19'>2. :
^ y ' Section -3C02. No chattel mortgage shall be valid or good to
Descriptions convcv aiiv interest or right whatever to the mortgagee, unless
mcnattel - - o &o'
mortgages. ^]^g property mortgaged shall be described in writing or type-
1901, xxiii. xvriting, but not printing, on the face of the mortgage, nor shall
any prosecution lie for selling any propertv- under the lien of
such mortgage, unless the propert}- mortgaged shall be de-
scribed in writing or typewriting, but not printing, on the face
of such mortgage.
As to recording and indexing see Sec. 950 ante. Bill of sale as security, a
mortgage. — Ouattlebaum v. Taylor, 45 S. C, 512; 23 S. E., 617. An instrument
held a lease and not mortgage. — Ludden & Bates v. Hornby, 45 S. C, iii; 22
S. E., 7S1. ^\^lat constitutes an equitable chattel mortgage, rights under. — Davis
V. Childers, 45 S. C, 133; 22 S. E., 784. Provision for retention of possession
by mortgagor. — Westcoat v. Crawford, 45 S. C-, 189; 22 S. E., 792.
A^iot^ Ti Sec. 3003. In all bills of sale of any plate, gold and silver,
fds^soid*^y O'' goods and chattels whatsoever, by way of mortgage, with
^ge. °^ ™°^" right of redemption upon performance of the proviso in the
G. s. 23i7; Said bill of sale, where the plate, gold and silver, or goods and
1712, ii., ^^i chattels, are actually delivered unto the person to whom such
* '^ bill of sale is made, and are in his actual possession, (and not
a deliver}^ or seizin in form of law only,) and shall continue in
the same for the space of two years after the breach of the pro-
viso in the said bill of sale, without redemption thereof, the
said goods or chattels so sold and delivered and possessed as
aforesaid, though with right or equity of redemption, are
hereby declared to be vested in the said person or persons to
whom such bill of sale was made, and their executors, adminis-
trators, and assigns, to have and to hold to them, their execu-
tors, administrators, and assigns, as their own proper goods
and chattels forever: excepting such person or persons having
such right or equit}* of redemption be beyond the seas, or other-
wdse out of the limits of this State, all which persons shall have
saved to them their equit\- of redemption, so as they prosecute
the same within three years after the breach of the proviso of
the bill of sale, and at no time thereafter.
Hogan V. Hall, 1 Strob. Eq., 323; Moseley v. Crockett, 9 Rich. Eq., 339.
p^^^ro"- ^^'^' ^^^^' ^^'^-en any personal property under pledge, mort-
erty mortgaged gage or hypothecation is to be sold for the purpose of
1^ xvin"' -^tisfying the loan or debt secured by such pledge, mortgage or
1-^ nypothecation, the pledgee, mortgagee or person holding the
instrument showing the hypothecation shall advertise the time
and place of said sale by posting a notice thereof, in writing,
at least fifteen (15) days before such sale in three (3) public
places in the County in which such personal property may be
OF SOUTH CAROLINA.
found, one of which shall be the Court House door, or shall
publish the same at least two weeks in a newspaper published
in his County, unless the person making such pledge, mort-
gage or hypothecation, or his legal representative, shall con-
sent, or shall have consented, to a sale in some other mode or
at some other notice, such consent to be expressed in writing.
Sec. 3005. No mortgage of any crop or crops shall be good „^°^*f f ^ i°|
and effective to convey to the mortgagee any interest in any°^^y planting
crop or crops other than the crop or crops to be raised during ^crfbed? ^^ ^'''
the year in which said mortgage is given, and unless the land ^ g. 2463;
Avhereon said crop or crops are to be raised shall be described ^^^^' ^^' ^°^^-
or mentioned in said mortgage.
Sec. 3006. The mortgagor of any chattel shall have the deSjfdon"^ '^'
right to redeem the property mortgaged by him at any time ^ ^ ^ ^^^^ ^f
before sale by the mortgagee by paying the mortgage debt and tender.
any costs incurred in attempting to enforce its payment, and Si ^^rtiail^^ °^
tender made by the mortgagor of an amount sufficient to pay r. s. 2464;
said debt and costs, if not accepted, shall render the mortgage ^^^2' ^^^^ '^•
null and void.
Applied to bill of sale to secure advances. — Lowery v. Gregory, 60 S. C, 149;
38 S. E., 257; Injunction to stay sale upon tender of payment. Seabrook v.
Mostowitz, SI S. C, 433; 29 S. E., 202. Postponement
Sec. 3007. No voluntary postponement by the mortgagee to ^""^ P^^^'^jfJ^ p Y^
seize the personal property covered by any chattel T^ortgage ^^^^^^^^^^^ °^
or bill of sale used as a chattel mortgage after con- ^gg^ ^^^
dition broken, and no acceptance of a part of the debt^^"-
secured by the mortgage or such bill of sale after condition
broken, shall be construed to operate as discharging the mort-
gage or bill of sale, or as reverting the title to the chattel or
chattels in the mortgagor; but indulgence may be granted by
such mortgagee to such mortgagor after condition broken, as indulgence
, , ... 1 -I- 1 , without preju-
on Other past due securities, without prejudice or danger to any dice,
rights or remedies of the mortgagee in the premises to collect
his debt or to seize the chattels at any time at his option.
After breach of condition title vests in mortgagee. — Reese v. Lyon, 20 S. C, 20;
McClendon v. Wells, 20 S. C, 514; Williams v. Dobson, 26 S. C, no; i S. E.,
421; E.r Parte Knobeloch, 26 S. C, 336; 2 S. E., 612; Ex Parte Lorenz, 32 S. C,
368; II S. E., 206; Wylie v. R. R. Co., 48 S. E., 405; 26 S. E., 676. And the
mortgagee has the right to sell the property and give good title. — Flennikin v.
Scruggs, IS S. C, 91. Against a second mortgagee. — Martin v. Jenkins, 51 S. C,
42; 27 S. E., 947. Demand for payment after breach of condition does not revest
title in mortgagor. — Hale v. Utsey, 44 S. C, 393; 22 S. E., 371; Wallingford
V. Aiken, 44 S. C, 396; 22 S. E., 372.
CIVIL CODE
AIRTICLE II.
Liens on Lands and Buildings for Labor and Materials.
Sec.
3008. Party furnishing labor and
materials to have lien on
buildings, &c.
3009. Sub-contractor may secure ;
lien ; lien not to attach
without notice of claim.
3010. Not of force against existing
mortgage.
3011. Not to attach if owner of
building, &c., gives notice.
3012. Lien to be dissolved unless
statement be recorded ;
when, where and what to
contain.
3013. Inaccuracy in statement not
to invaldiate proceedings ;
exception.
3014. Lien dissolved if suit not be-
gun in six months.
3015. How enforced.
3016. Enforced before Magistrate's
Court if less than one hun-
dred dollars.
3017. Petition served with sum-
mons, &c.
3018. What is to be stated in peti-
tion, &c.
3019. Amendments.
3020. Several may unite in one pe-
tition ; when.
3021. Notice to owner and other
creditors.
-8022. To absent parties.
3023. Further notice.
3024. Claims may be proved and
contested.
3025. Trial of questions of fact by
jury ; when.
3026. Court to ascertain amount
due to each lien creditor ;
rebate of interest when
claim not then payable.
Sec.
3027. Claims for part performance
allowed in certain cases.
3028. Sale of premises if lien be es-
tablished.
3029. When part may be sold.
3030. Notice of sale.
3031. Distribution of proceeds where
claims ascertained.
3032. Disposition of proceeds to
await order of distribution.
3033. Surplus proceeds ; to whom
paid, &c.
3034. Prior attaching creditor pre-
ferred ; proportion of pro-
ceeds to be held.
3035. Such proportion may be ap-
plied to satisfy execution.
3036. Subsequent attachment to be
satisfied after lien.
3037. Attachments intervening be-
tween two liens.
3038. Rights of attaching creditors,
&c., between themselves.
3039. If debtor's estate be less than
fee simple, &c., lien to bind
his interest.
3040. Lien may be enforced against
heirs, executors or admin-
istrators.
3041. Executors, &c., may enforce
creditor's lien.
3042. Suits begun by one creditor
may be prosecuted by anoth-
er ; when.
3043. In such case the petitioning
creditor's claim may be al-
lowed, but without costs, &c.
3044. Costs generally.
3045. Right of action on claims not
affected.
3046. Discharge of lien on payment
of debt ; how affected.
3047. Lien of laborers.
Party fur- Section 3008. Any person to whom a debt is due for labor
and materials, performed or fumished, or for materials furnished and actually
to have lien on , . , . , . . ^ i -ij-
buildings, &c. used m the erection, alteration, or repair of any building or
G. s. 2350; structure upon anv real estate, by virtue of an agreement with,
R S. 2465 •
1816, VI., 32i or bv consent of, the owner of such building or structure, or
1S69, XIV.. ' , ,' , . , • , r 11 .• r
220, § 1. any person having authority from, or rightfully acting lor,
such owner, in procuring or furnishing such labor or materials,
shall have a lien upon such building or structure, and upon
the interest of the owner thereof in the lot of land upon which
'OF SOUTH CAROLINA.
the same is situated, to secure the payment of the debt so due
to him, and the costs which may arise in enforcing such hen
under this Chapter, except as is provided in the foHowing Sec-
tions.
The Section does not give a lien to sub-contractors. Kelly v. Bank, McM.
Eq., 431; Murray v. Earle, 13 S. C, 87; Gray v. Walker, 16 S. C, 143; Geddes
V. Bowden, 19 S. C, i. A contract with one who then owned all the stock of
an incorporated bridge company for repairs of the bridge gives such lien on
it. — Watson v. Columbia Bridge Co., 13 S. C, 433. Consent here means an
agreement of legal force. — Gray v. Walker, 16 S. C, 143; Geddes v. Bowden,
19 S. C, I. Mere knowledge by the agent of the owner of such labor does not
amount to such consent. — Gray v. Walker, 16 S. C, 143. Such lien upon a
building and upon "the interest of the owner thereof in the lot of land upon
which the same is situated" includes several adjoining lots, enclosed by a corri-
mon fence and used for the same purpose.^ — Ex Parte Davis, 9 S. C, 204. Such
lien may be waived by mechanic.^Murray v. Earle, 13 S. C, 87.
Sec. 3009. Any sub-contractor or person contracting with an coSr^ctor mi'y
original contractor may have such a hen : Provided, That be-°^^^'" ^ ^"^"-
fore performing or furnishing labor or furnishing materials, or jgy^^^^^mending
both, he do give notice in writing to the owner of the property f; 2466"^°^' ^"
to be affected thereby, (or to the lawful agent of the owner if
the original contract was made by and through such agent)
and also to the original contractor, that he intends to claim
such a lien : And provided, further. That the aggregate amount
of any and all such liens and of the lien of the original con- proviso,
tractor shall not exceed the amount of the lien of the original
contractor ; and any and all questions between an original con-
tractor and a sub-contractor or contractors, and between sub-
contractors, shall be first adjusted and settled before the owner
can be required to pay, on his contract, anything to any of such
contractors.
Notice need not be given where the purchaser of the material is the owner of the
property. — Matthews v. Monts, 6i S. C, 395; 39 S. E., 575.
Sec. 3010. Such lien shall not avail or be of force against ^^^°^^t^ exL"
any mortgage actually existing and duly recorded prior to the '"^ mortgage.
date of the contract under which the lien is claimed. r.^'s^' fm\
Devereaux v. Taft, 20 S. C, 558. ^^•' § ^^
Sec. 3011. The owner of any such building or structure in . ^Not^o^attach
process of erection, or being altered or repaired, other than^pi^^'^^^j^^^'^-'
the party by whom or in whose behalf a contract for labor or ^ s"~2356i
materials has been made, may prevent the attaching of any lien|^- ^- 2*''^' ^^■
for labor thereon not at the time performed, or materials not
then furnished, by giving notice, in writing, to the person per-
forming or furnishing such labor, or furnishing such materials,
that he will not be responsible therefor.
Sec. 3012. Such lien shall be dissolved unless the person
desiring to avail himself thereof, within ninety days after he
CIVIL CODE
ceases to labor on or furnish labor or materials for such build-
dis^w'^d^u n^- "^§" °^ structure, files in the office of the Register of Mesne Con-
bT rlco^r'dld- '^'eyances or Clerk of Court of the County in which the same'is
^■^|"\yj^^^'^[^ situated a statement of a just and true account of the amount
^°"^^'"- due him, with all just credits given, together with a descrip-
R %^' 2469- ^^°^ °^ ^^^ property intended to be covered by the lien, suffi-
XV ^35°o'- 1SS4' ciently accurate for identification, with the name of the owner
xViiL, 822. Qj. owners of the property, if known, which certificate shall be
subscribed and sworn to by the. person claiming the lien, or by
some one in his behalf, and shall be recorded in a book kept for
the purpose by the Register or Clerk who shall be entitled to
the same fees therefor as for recording mortgages of equal
length. The delivery to the Register Clerk for filing, as herein-
before provided, shall be and constitute the delivery contem-
plated with regard to such liens in Title II., of part II., of this
Code.
Kelly V. Bank, McM. Eq., 431; Oliver v. Fowler, 22 S. C, 534; Waring v.
Miller Batting Co., 36 S. C, 310.
acy ^of "^'tate- Scc. 3013. No inaccuracy in such statement, relating to the
"'^"^' ^^- property to be covered by the lien, if the property can be reason-
R.^'s^' 2470; ^bly recognized, or in stating the amount due for labor or ma-
220% 6.'^ ^ ^" terials, shall invalidate the proceedings, unless it appear that
the person filing the certificate has wilfully and knowingly
claimed more than is his due.
Lien dissoiv- gee. 3014. Unless a suit for enforcing the lien is commenced
ed if not be- ° _ _
gun in six^vithin gjx months after the person desiring to avail himself
months. -^ "
— - — ^ — ZTTT thereof ceases to labor on or furnish labor or material for such
^' =^"-7 nill' building or structures, the lien shall be dissolved.
lb., 8 7; VSii, "
XV., 350. When commenced. — Oliver v. Fowler, 22 S. C, 534.
How enforced. gee. 3015. The lien may be enforced by petition to the Court
R ^'s^' 2472- °^ Common Pleas for the County where the building or struc-
22o^'« 8"^^^"^^^^ ^^ situated. The petition may be filed in term, or in the
Clerk's office in vacation, and the date of the filing shall be
deemed the commencement of the suit.
Assignee of such lien may thus enforce it. — Oliver v. Fowler, 22 S. C, 534.
This and the following Section create no right, but simply relate to enforcement of
such right. — Geddes v. Bowden, 19 S. C, i.
Enforced be- ggc. 3016. When the amount of the claim does not exceed
fore Magis-
iP*1ess ^than °"^ hundred dollars, the lien may be enforced by a petition to
dofiars^'^'''^''^'^ ^ Magistrate; and such Magistrate shall have like power and
— G s 2358- authority within his jurisdiction as herein conferred upon the
lb 221 9*^^' Court of Common Pleas, with like rights of appeal to the par-
ties as exist in other civil cases.
OF SOUTH CAROLINA. 1143
— A. D. 1002.
Sec. 3017. The petition may be served with the summons, or
summons, &c.
filed with the Clerk, and shall be returned and entered as other se rved wkC
civil cases.
Summons not necessary. — Johnson v. Frazee, 20 S. C, 500. But may be used. — jj ' g ' 2474;
Oliver v. Fowler, 22 S. C, 534- ^^-^ § ^^^
Sec. 3018. The petition shall contain a brief statement of the To contain
brief statement
contract on which it is founded, and of the amount due thereon, of c o n t ract,
&C.
with a description of the premises subject to the lien, and all — - —
other material facts and circumstances ; and shall pray that the R. s. 2475!
premises may be sold, and the proceeds of the sale be applied
to the discharge of the dem.and.
Sec. 3019. The Court may at any time allow either party to Amendments,
amend his pleadings as in other civil actions. G. s. 236I;
McGee v. Piedmont Manufacturing Co., 7 S. C, 263; Geddes v. Bowden, 19 lb., § 12.
S. C, i; Waring v. Miller Batting Co., 36 S. C, 310.
Sec. 3020. Any number of persons who have actually P^t^- ^^.^^^havT^'^l
formed labor or furnished labor or materials on one or more b°i"ffin°" ,^^™y
buildings or structures upon difi'erent lots of land, where theJ?J" '" p^*'"
labor was performed for the same owner, contractor, or other ^ g 2362; r.
person, may join in the same petition for their respective liens, xiv.'*,^m, ui'
and the same proceedings shall be had in regard to the rights
of each petitioner, and the respondent may defend as to each
petitioner, in the same manner as if he had severally petitioned
for his individual lien.
Sec. 3021. The Court in which the petition is entered shall ^J^g°/^j^^ ^^t^°
order notice to be given to the owner of the build- ^'" ^''^^itors.
ing or structure, that he may appear and answer thereto at a^j/^-g^- 2478J
certain day in the same term, or at the next term, by serving •^^•' ^ ^^•
him with an attested copy of the petition, with the order of the
Court thereon, fourteen days at least before the time assigned
for the hearing; and the Court shall also order notice of the
filing of the petition to be given to all other creditors who have
a lien of the same kind upon the same estate, by serving them
with a copy of the last mentioned order in like manner.
This applies as well where the owner is defendant with the contractor as where
he is sole defendant. — Johnson v. Frazee, 20 S. C, 500. Either the proceeding
here or that in Section 3017 may be properly used. — Oliver v. Fowler, 22 S. C, 534.
Sec. 3022. If it appears to the Court that any of the parties parties. ^^^^"*
entitled to notice are absent, or that they cannot probably be g. s. 2364;
found to be served with the notice, the Court may, instead oi i^., § is. *' '
the personal notice before mentioned, or in addition thereto,
order notice to all persons interested, by publishing in some
newspaper the substance of the petition, with the order of the
Court thereon, assigning the time and place for a hearing, or
CIVIL CODE
may order such other notice to be given as may, mider the cir-
cumstances of the case, be considered most proper and ef-
fectual,
tice"'^"'"'^ "°" Sec, 3023. If, at the time assigned for the hearing, it appears
^ ^ ^^ to the Court that any of the persons interested had not had a
fb vie ^^^' sufficient notice of the suit, the Court may order further notice
to them, in such manner as may be considered most proper and
effectual.
be*^prOTed™and ^®^- 3024. At the time assigned for the hearing, or within
contested. such further time as the Court allows for that purpose, every
R ^' s^' 2481- creditor having a lien of the kind before mentioned upon the
lb., § 17. same property, may appear and prove his claim; and the owner
and each of the creditors may contest the several claims of
every other creditor, and the Court shall hear and determine
them in a summary manner, either with or without jury, as the
case may require.
fa/ts"^^ *° ^""^ Sec, 3025. Every material question of fact arising in the
G. s. 2367; ^asc shall be submitted to a jury, if required by either party,
fb. 222, § la^' or deemed proper by the Court; and the trial shall be had upon
a question stated, or an issue framed, or otherwise, as the Court
may order. A jury shall be had before a Magistrate only as in
other civil cases.
Claims not gcc, 3026. The Court shall ascertain and determine the
p a y a b 1 e al-
lowed with re- amount due to each creditor who has a lien of the kind before
bate of inter-
est mentioned upon the property in question ; and every such claim
G. s. 2368; d^e, absolutely and without any condition, although not then
1869, X I v., payable, shall be allowed, with a rebate of interest to the time
when it would become payable.
Interest not allowed. — Devereaux v. Taft, 20 S. C, 555.
Claims for gec, 3027. When the owner fails to perform his part of the
part pertorm- '^ ^_
ance allowed contract, and by reason thereof the other party, without his
in certain ' _-' .
cases. own default, is prevented from completely performing his part.
R ^' s^' 2484- ^^^ shall be entitled to a reasonable compensation for as much
lb., § 20. as he has performed, in proportion to the price stipulated for
the whole, and the Court shall adjust his claim accordingly.
„ . . No personal judgment can be given in this proceeding for any deficiency that
ises if lien be ^^^ ^^ after such sale. — Johnson v. Frazee, 20 S. C, 500.
"^^"'^''^'^"'^- Sec. 3028. If the lien is established in favor of any of the
R. ' s. ' 2485; Creditors whose claims are presented, the Court shall order a
^^" ^ ^^' sale of the property to be made by such officer as may be au-
sokf "^if "suffice thori zed by law to make sales of property.
^ Sec. 3029. If part of the property can be separated from the
R.^' s^' 2486; Tcsiduc, and sold, without damage to the whole, and if the value
lb., § 22.
OF SOUTH CAROLINA.
thereof is sufficient to satisfy all debts proved in the case, the
Court may order a sale of that part, if it appears to be most for
the interest of all parties concerned.
Sec. 3030. The officer who makes the sale shall give notice ^^^^^ff_^ii^
of the time and place in the manner prescribed in relation to^^-g^- 2487-
the sale of mortgaged lands under foreclosure, unless the Court ^^•' § ^^•
orders a different notice to be given. ^^ ^roceeds'o"
Sec. 3031. If all the claims against the property covered byf^^f^
the lien are ascertained at the time of ordering the sale, the ^ ^- g^- f^^l':
Court may order the officer to pay over and distribute the pro-^''-' § ^^•
ceeds of the sale, after deducting all lawful charges and ex-
penses, to and among the several creditors, to the amount of
their respective debts, if there is sufficient therefor ; and if there
is not sufficient, then to divide and distribute the same among
the creditors, in proportion to the amount due to each of them.
Sec. 3032. If all the claims are not ascertained when the sale ^^^^''^jg ^j^^^g^t
is ordered, or if for any other reason the Court finds it neces- l^'Jj*^ succeyive
sary or proper to postpone the order of distribution, it may ^^J^ "''"*^'°"^
direct the officer to bring the proceeds of the sale into Court, ^ sTzsu;
there to be disposed of according to the decree of the Court ;^j; g^ge. ^^^^''
and if, by reason of the claims of attaching creditors, or for
any other cause, the whole cannot be conveniently distributed
at once, the Court may make two or more successive orders of
distribution, as the circumstances may require.
Sec. 3033. If there remain any surplus of the proceeds of ^,f ^^^^"^5*^^'°"
the sale, after making all the payments before mentioned, it g. s. 2375;
shall be forthwith paid over to the owner of the property ; but f^^ ^^7. ^*^°'
such surplus, before it is so paid over, shall be liable to be at-
tached or taken on execution, in like manner as if it proceeded
from a sale made by the officer on an execution.
Sec. 3034. If the interest of the owner in the building, struc- . P""*" ^"^f^"
*=>' 1 n g creditor
ture, or land, is under attachment at the time of filing and re- p^'eferred ; pro-
' ° portion of pro-
cording the statement of the account, the attaching creditor ^eeds to be
shall be preferred to the extent of the value of the buildings — g .^376 •
and land as they were when the statement was recorded; and?- s. 2491;
-^ 18o9, A i v.,
the. Court shall ascertain, by a jury or otherwise, as the case 223, § 28.
may require, what proportion of the proceeds of the sale shall be
held subject to the attachment, as derived from the value of the
property when the statement was recorded.
Sec. 3035. If the attaching creditor recovers judgment, he ^j^^uchjpropo^r^
shall be entitled to receive on his execution the proportion of ?P^P'*|^g*°jj®^j^jJ"
the proceeds held subject to his attachment, or so much thereof — ^ g 2377.
as may be necessary to satisfy his execution, and the residue |^- .^gg ^*^^=
CIVIL CODE
of the proceeds shall be applied in the same manner as if there
had been no such attachment.
attechmlT^to ^^^- ^^^^- ^^ ^^^ interest of the owner of the property is
^|jg^ ^j*j^ ^ ^^'^ attached after the recording of the statement, the proceeds,
Q g 2378- after discharging all prior liens and claims, shall be applied to
lb §^30 ^*^^' satisfy the execution of such attaching creditor.
Attachments ^^^' ^^^'^ • ^^ ^" attachment is made after the recording of
intervening be- g^^,]^ Statement, and if, after the attachment, another like state-
tweentwo ' ' '
^'^"^- ment is recorded, the creditor in the latter statement shall be
R ^' s^' 2494- eJ^titled to be paid only out of the residue of the proceeds re-
ib., § 31. maining, after paying all that is due on the demands a state-
ment of which is recorded before the attachment, and satis-
fying the attaching creditor.
Rights of at- Sec. 3038. When there are several attaching creditors, they
taching credi- .
tors, &c., be- shall, as between themselves, be entitled to be paid according
tween them- , , , .
selves. to the ordcr of their attachments ; but when several creditors,
G. s. 23S0; vvho are entitled to the lien provided for in this Chapter, have
R. S. 2495; ^ . . \ .
lb., § 32. equal rights as between themselves, and the fund is insufficient
to pay the whole, they shall share it equally, in proportion to
their respective debts.
If debtor's Scc. 3039. If the person for whom the work is done or ma-
estate be less
than fee sim- tcrials are fumishcd, has an estate for life, or any other estate
pie, &c., lien . .
to bind his in- less than 2L fee simple in the land, or if the property, at the time
of recording the statement, is mortgaged, or under any other
incumbrance, the lien before provided for shall bind his whole
estate and interest therein in like manner as a mortgage would
have done, and the creditor may cause the right of redemption,
or whatever other right or estate the owner had in the pro-
perty, to be sold and applied to the discharge of his debt accord-
ing to the provisions of this Chapter,
e n^f " r^c^e'^d ^^^' ^^^^' ^^ ^^c pcrson indebted dies or conveys away his
against heirs, estate or interest before the commencement of a suit on the
executors, o r
G. S.
2381;
R.
S.
2496;
lb.
., § 33.
administrators, contract, the suit may be commenced and prosecuted against
D *^' c^" o?n-' his heirs or whoever holds the estate or interest which he had
P^9' . ^^i ^ . , in the premises at the time the labor or materials were per-
formed or furnished ; or, if a suit is commenced in his life-time,
it may be prosecuted against his executors, administrators,
heirs, or assigns, in like manner as if the estate or interest had
been mortgaged to secure the debt.
ScVmay" en- Scc. 3041. If the Creditor dies before the commencement of
tor's Hen.*^"^^ '' the suit, the suit may be commenced and prosecuted by his
G. s. 2383; executor and administrators ; or, if commenced in his life-
R. S. 2498;
lb., § 35.
OF SOUTH CAROLINA.
time, it may be prosecuted by them as it might have been by
the deceased, if Hving-.
Sec. 3042. If it appears, in any stage of the proceedings, j^y^^'^'^^^^lfj^J,^
that the suit was commenced by the petitioning creditor before ™uted'' V^°an-
his right of action accrued, or after it was barred, or if he be- °^^"-
come non-suit, or fail to estabHsh his claims, suit may be prose- j^/^- g^- 2499:
cuted by any other creditor having such lien, in the same ^^- ^ ^^•
manner as if it had been originally commenced by him, if the
circumstances of the case are such that he might then, or at
any time after the commencement of the original suit, have
commenced a like suit on his own claim.
Sec. 3043. If the suit is commenced by the petitioning gj^ Xe fo r^e
creditor before his right of action accrues, his claim may "ccrae°s! anotT-
nevertheless be allowed, if the suit is carried on by any other ^^"^^y prosecute;
creditor, as provided in the preceding Section; but he shall f^!!!i
Costs in oth-
er cases.
not, in such case, be entitled to costs; and he may be required r/^- g^' 2500I
to pay the costs incurred by the debtor, or such part thereof as-^^- ^^^■' ^ ^^'
the Court may deem reasonable.
Sec. 3044. The costs, in all other respects, shall be subject
to the discretion of the Court, and shall be paid from the pro- g. s. 2386;
ceeds of the sale, or by any of the parties to the suit, as justice |j;_ §^38. ^^■^'
and equity require.
Sec. 3045. Nothing contained in this Chapter shall be con- nopb^'rred!*'""
strued to prevent a creditor in such contract from maintaining q g. 2387;
an action thereon in like manner as if he had no such lien forf^;^ §^39.^^*^^'
the security of his debt.
Sec. 3046. When a debt secured by such a lien is fully paid, HenJ^hifw^exe-
the creditor, at the expense of the debtor, shall enter on the '^"^^'^-
margin of the registry, where the statement is recorded, a dis-R.^'g^' 2503!
charge of his lien, or shall execute a release thereof, which may^^" ^ *°'
be recorded where the statement is recorded.
Sec. 3047. It shall be the duty of any contractor or contrac- to paran^l"
tors in the erection, alteration or repairing of buildings in thepi°yed/^ ^"'
State of South Carolina to pay all laborers, sub-contractors igge, xxii.,
and material men for their lawful services and material fur--^^^'
nished out of the money received for the erection, alteration or
repairs of buildings upon which said laborers, sub-contractors
and material men are employed or interested, and said laborers,
as well as all sub-contractors and persons who shall furnish
material for said building, shall have a first lien on the money ers?" °
received by said contractor or contractors for the erection,
alteration or repair of said buildings in proportion to the
CIVIL CODE
amount of their respective claims. Nothing herein contained
shall make the owner of the building responsible in any way:
Provided, further, That nothing contained in this Section shall
be construed to prevent any contractor or contractors or sub-
contractors from borrowing money on siich contract.
ARTICLE III.
Liens on Ships and Vessels for Labor and Materials.
Sec.
3048
3049
Lien declared.
Dissolved unless statement
of demand filed ; when,
where, and what.
3050. If ship is built in two places,
&c., inaccuracy of descrip-
tion, &c., not to affect pro-
ceedings, &c.
Sec.
3051. Lien, how enforced ; filing of
petition, &c.
3052. Petition, what to contain.
3053. Amendments.
8054. Several claimants may unite
in same petition.
3055. Claims to be marshalled ; dis-
tribution, how to be made.
siif^s^and v°es" Scctioii 3048. whcn by virtue of a contract, expressed or im-
performed^and plied, with the owucrs of a ship or vessel, or with the agents,
SislfeT'^ ^"''" contractors, or sub-contractors of such owners, or any of them,
G. s. 2389; R. or with any person having been employed to construct, repair,
xiL,^4i, 1869; or launch such ship or vessel, or to assist them, money is due
XIV., 224, § 42. ^^ ^j^y person for labor performed, materials used, or labor and
materials furnished in the construction, launching, repairs of,
or for constructing the launching-ways for, or for provisions,
stores, or other articles furnished for or on account of such
ship or vessel in this State, such person shall have a lien upon
the ship or vessel, her tackle and furniture, to secure the pay-
ment of such debt; which lien shall be preferred to all others
thereon, except mariners' wages, and shall continue until the
debt is satisfied.
Such contract with the mortgagor, who has the exclusive control and use of
the ship, does not charge the mortgagee for repairs. — Cordray v. Mordecai, 2
Rich., 5 1 8.
Requisites to gee. 3049. Such lien shall be dissolved unless the person
retain hen. '^
— ^ g 2390- claiming the same shall file, within ninety days after he ceases
i8f59 \i v*'^' ^° labor on or furnish labor or materials for such ship or ves-
xvii'i ^izt *' ^^^' ^^ *^^ office of the Register of Mesne Conveyance or Clerk
of Court of the County within which the ship or vessel was at
the time the debt was contracted, a statement, subscribed and
sworn to by himself or by some person in his behalf, giving a
just and true account of the demands claimed to be due to him.
OF SOUTH CAROLINA.
with all just credits ; and also the name of the person with whom
the contract was made, the name of the owner of the ship or ves-
sel, if known, and the name of the ship or vessel, or a description
thereof, sufficient for identification ; which statement shall be
recorded by said Register of Mesne Conveyance, or Clerk, in agd. °
book kept by him for that purpose ; for which he shall receive ^^^"
the same fees as for recording other papers of equal length.
Sec. 3050. If the ship or vessel is partly constructed in oncbuiit in'tw'o
place and partly in another, either place shall be deemed the a re"' racy 'of
port at which she was when the debt was contracted, within S:c^.^^ not 'to"af'
the meaning of this Chapter ; and no inaccuracy in the descrip- i^gg. p™'^^^
tion of the ship or vessels, if she can be recognized thereby, or g. s. 2391;
in stating the amount due for labor or materials, shall invali-/;,'., § k " '
date the proceedings, unless it appears that the person filing
the certificate has knowingly and wilfully claimed more than
his due.
Sec. 3051. Such lien may be enforced by petition to the Court g^j^'j.^^^^. ^'°^_
of Common Pleas for the County where the vessel was at thejps^g °|^ p^'*'
time the debt was contracted, or in which she is at the time of ~^^ ^ ^^
instituting proceedings. The petition may be entered in Court, p^; Jg g^l^-
or filed in the Clerk's office in vacation, or may be served with
the summons, with an order of attachment, and returned, and
entered, as other civil actions, and the subsequent proceedings
for enforcing the lien shall, except as hereinafter provided, be
as prescribed for enforcing liens on buildings and lands, so far
as the same are applicable. At the time of entering or filing the
petition, a process of attachment against such ship or vessel,
her tackle, apparel and furniture, shall issue and continue in
force, or may be dissolved like attachments in civil cases, but
such dissolution shall not dissolve the lien.
Sec. 3052. The petition shall contain a brief statement of the ^.^„^^[J^*'°^fj J"
labor, materials, or work done or furnished, or the stores, pro- q g. 2593;
visions, or other articles furnished, and the amount due there- ^gg^ \iv°.^i
for, with a description of the ship or vessel subject to the lien,^^^- ^ *"•
and all other material facts and circumstances, and shall pray
that the ship or vessel may be sold and the proceeds of the sale
applied to the discharge of the demand. Amendments.
Sec. 3053. The Court may at any time allow either party to j^ ^- g^- 2394;
amend his pleadings, as in other civil actions. ■^^•' § ^'^•
Sec. 3054. Any number of persons having such liens ^pon ^^^^^^^^^^^^^
the same ship or vessel may join in the same petition to enforce [?^j^®^™^ p^*'"
the same; and the same proceedings shall be had in regard to g. s. 2395"
the respective rights of each petitioner, and the respondent rnay]|-^ g^^g ^^^°'
CIVIL CODE
defend as to each petitioner, in the same manner as if they
had severally petitioned for their individual liens,
ciafms"'^ to'^^^be ^^^' ^055. When there is money due to more than one per-
"rocMds^'dTs^ ^'^^ holding a lien upon a ship or vessel under the provisions of
proceeds^bt'in- ^^^^ Chapter, all parties interested having been cited to appear
to''^be^"atisfied ^^^ auswcr, the claims of all shall be marshalled, and the Court
'"^^^^'y- shall make such order or decree as may be necessary to prevent
R ^ s^' 2511- ^^^ enforcement of a double lien for the same labor, materials,
lb., § 49. stores, provisions, or other articles, and to secure the just rights
of all. And the proceeds arising from the sale of such ship or
vessel, after deducting all proper costs and expenses, shall be
distributed among the several claimants, to the amount of their
respective debts : Provided, That when such proceeds are in-
sufficient to satisfy the liens of all those having liens for labor,
they shall receive a percentage on their respective claims one-
third greater, as near as may be, than those having liens for
materials, stores, or other articles.
ARTICLE IV.
Liens on Railroads for Work or Material.
Sec. 3056. Liens on railroad for work or materials.
Persons to Sectioii 3056. Any person to whom a debt is due for labor
have a hen on -^ ^
railroads for performed or furnished, or for materials furnished and actually
worl< or mate- '■
rials. used in the construction, alteration or repair of any railroad by
^ 1S9S, XXII. , virtue of an agreement with or by consent of the owner or cor-
poration or person controlling and operating the same, or any
person having authority from or rightfully acting for such
owner, corporation or person in procuring or furnishing such
labor or materials, or any person rendering services for such
railroad company, shall have a lien upon such railroad and
upon all the interests of such owner, corporation or person as
aforesaid in said railroad, to secure the payment of the debt so
due him and the costs which may arise in enforcing such lien
under the provisions of Article 2 of this Chapter.
^ Lie^s^s^ubje^ct g^id Hen shall be subject to all the provisions and be en-
c h a p t er c, forced in the same manner as provided for in Article 2 of this
Chapter, relating to liens on lands or buildings for the labor and
materials.
OF SOUTH CAROLINA.
ARTICLE V.
Agricultural Liens.
Sec.
3063. Proceedings in Court of Mag-
istrate for foreclosure of
liens ; in what cases ; issue,
&c. ; costs.
3064. Requisites for affidavits ; mo-
tion to vacate warrant ;
bond of applicant, &c.
3065. When lien creditor may pro-
ceed before debt becomes
due.
3066. Lien on supplies ; remedies on.
3067. Replevy of crops seized ; bond,
&c.
Sec.
3057. Lien of landlord's for rent
and advances on crops
raised on leased premises.
3058. Lien of laborers.
3059. Lien for advances.
3060. Ranks of liens for rent, for
labor, and for supplies.
3061. Liens for advances to be in-
dexed in office of Register
of Mesne Conveyances ;
when ; how ; effect of, as
notice ; fees.
3062. Clerk's warrant for seizure
and sale of crops ; how ob-
tained ; duty of Sheriff ; no-
tice of contest ; issue, &c.
Section 3057. Every landlord leasing land for agricultural i^^^ff°/^'^^^^-
purposes shall have a prior and preferred lien for his rent to the ^^J" ^^j.^^'^^j.^g^^H
extent of all crops raised on the lands leased by him, whether p^^^'^^'^'^p''^™'
the same be raised by the tenant or other person. No -writing or ^ g 2399; r.
recording shall be necessary to create such lien, but it shall lyf^^^ii^^l'l.'
exist from the date of the contract, whether the same be in 2|''isso,^xviL!
writing or verbal, and the landlord shall have the right to en- {f^^ g^ft -^^;
force such lien in the same manner, upon the same conditions, '^2^ ^ ^ ^" '^^'
and subject to the same restrictions as are provided in this
Article for persons making advances for agricultural purposes.
And, subject to the liens hereinafter provided for and en forci-
ble in the same way, the landlord shall have a lien on all the
crops raised by the tenant for all advances made by the land-
lord to such tenant during the year.
The contract carries with it a lien without an express agreement for it. — Carter
V. DuPre, i8 S. C, 179. The lien is not defeated by taking a writing under
seal for the rent. — Sullivan v. Ellison, 20 S. C, 481. Rent payable in cotton is
secured by such lien. — State v. Reader, 36 S. C, 497; 15 S. E., 544. It seems
that such rent, although payable monthly, has such preferred lien over liens given
for supplies. — Brewster v. McNab, 36 S. C, 274; 15 S. E., 233. Magistrate has
jurisdiction where amount claimed does not exceed $100. — So. Ry. Co. v. Sarratt, 58
S. C, 98; 36 S. E., 505.
Sec. 3058. Laborers who assist in making any crop on shares, Laborers' lien
or for wages in money or other valuable consideration, shall "^."^"""ho^v^^en^
have a lien thereon to the extent of the amount due them for forced.
such labor, next in priority to the lien of the landlord for rent; s^22nrjl'.,^§
and as between such laborers there shall be no preference. Such'^]g^^| ■^^*^''
portion of the crop to them belonging, or such amount of
money ov other valuable consideration as may be dne them.
CIVIL CODE
shall be recoverable by an action in any court of competent
jurisdiction.
Laborer not entitled to such rights unless the contract is reduced to writing. —
Hair v. Blease, 8 S. C, 63. Laborer cannot bind share in crops by a lien for
advances. — Carpenter v. Strickland, 20 S. C, 1 ; Richey v. DuPre, 20 S. C, 6.
Contract with laborer. — McCutchen v. Crenshaw, 19 S. E., 140; 40 S. C, 511.
Sec. 3059. Any person who shall make any advance or ad-
nces ^°^ ^^' "^^nces, either in money or supplies, to any person or persons
employed or about to engage in the cultivation of the soil shall
^- ^- -^^l^l be entitled to a lien on the crop which may be made during the
G. S. 2307;
. S. 25U;
1886, XIII, 380;
265^ §' r Xsh' y^^^ upon the land in the cultivation of which the advances so
^^2^;'^*^°'yj|§made have been expended, in preference to all other liens, ex-
§ ^- isting or otherwise, except as herein provided, to the extent of
such advance or advances : Provided, An agreement in writing
shall be entered into, before such advance is made, to this ef-
fect; in which shall be specified the amount to be advanced, or
in which a limit shall be fixed, beyond which the advances, if
made from time to time during the year, shall not go.
No such lien will be required unless the requirements of this Section have
been strictly complied with. Cureton v. Gilmore, 3 S. C, 46. A laborer for share
of crop cannot give such lien. — Kennedy v. Reames, 15 S. C, 548; Carpenter
V. Strickland, 20 S. C, i; Richey v. DuPre, 20 S. C, 6. A person who leases the
land for a year cannot give such lien. — VVhaley v. Jacobson, 21 S. C, 51. A ver-
bal promise to give such lien does not entitle one making advances upon the
faith of such promise to a lien upon the crop. — Cureton v. Gilmore, 3 S. C, 46.
The contract must be in writing and signed by the party charged. — Carpenter
V. Strickland, 20 S. C, i. Rent cannot be secured by a lien on the crop taken
under this Section. — Dunn v. Speers, 5 S. C, 17. The term advances only em-
braces what is to be expended in making the crop. — McCullough v. Kibler, s
S. C, 468; Hankinson v. Hankinson, 61 S. C, 193; 39 S. E., 385. So a lien
under this Section to secure the purchase money of a mule bought and used to
make the crop is void. — McCullough v. Kibler, 5 S. C, 468. As to construction
of such written agreement. — Bryce v. Massey, 35 S. C, 127; 14 S. E., 768. A
lienee under this Section cannot recover from an innocent purchaser the value of
the property covered by the lien and sold by him. — Sternberger v. McSween, 14
S. C, 35. Nor from a creditor who bona fide received and applied a part of the
crop to his debt. — Kennedy v. Reames, 15 S. C, 548. When the agreement pro-
vided that the cotton seed furnished should be returned in kind, the lien did not
cover the cotton seed. — Segler v. Coward, 24 S. C, 119. An indorser of a note
whose payee has made advances for agricultural purposes on the strength of the
endorsement is entitled to the benefits of this lien. — Lockhart v. Smith, 5° S. C,
112; 27 S. E., 567.
Rank of liens Scc. 3060. The landlord shall have a lien upon the crops of
for rent, for . 11 1 i- t t
labor, and for his tenant for his rent m preference to all other liens. Laborers
supplies. . . ^ ,. , ,
who assist in making any crop shall have a hen thereon to the
R. S. 2515' a J r
18S5," XIX., id extent of the amount due them for such labor, next in priority
to the landlord, and as between such laborers there shall be no
preference. All other liens for agricultural supplies shall be
paid next after the satisfaction of the liens of the landlord and
laborers, and shall rank in other respects as they do now under
existing laws.
OF SOUTH CAROLINA.
If senior lienee by agreement permit a third person to take and apply to an
unsecured claim enough of the crops to pay his own debt without notice to junior
lienee he cannot afterwards maintain an action against the junior lienee for the
crops seized by him and applied to his lien debt. — Hankinson v. Hankinson, 6i
S. C, 193; 39 S. E., 385. Before the Act of 1885 this preference of landlord's lien
for rent without recorded agreement only extended to one-third of the crop. — Ken-
nedy V. Reames, 15 S. C, 548; Whaley v. Jacobson, 21 S. C, 51.
Sec. 3061. Every lien for advances shall be indexed in the ^^^^^^ ^°^ ^-^^
office of the Register of Mesne Conveyances, or Clerk of the 'g^J.^^^^^^ '^^°^^:
Court, (where the office of Register of Mesne Conveyance '^''^ jf4yances!
does not exist,) of the County in which the lienor resides ^g^^^Jf^"^'^^;
within thirty days from the date of the lien, and the in- '^'^^' ^^^^-
dexing of the said lien shall constitute notice thereof to j^^-g^-gli^ei
all third persons and entitle the same to the benefit of l^^J §• ^ Ygg^;
this Article. Said index shall show the names of the lienor ^g'^^iy^/if;
and lienee, the date and amount of lien, and a brief description ^^^•
of the place so cultivated ; and said indexing shall be a sufficient
record of the same, and the property covered by such lien, so
indexed as aforesaid, if found in the hands of subsequent pur-
chasers or creditors, shall be deemed liable to said lien. The
Clerk of Court or Register of Mesne Conveyances, as the case
may be, shall endorse his official certificate upon every lien on
a crop or crops filed in his office under the provisions of this
Article, and his only fee for filing, indexing and certifying the
same shall be fifteen cents for each lien so filed, indexed and
indorsed.
Under the Act of 1878, before its amendment, the lien had to be kept on file
in Clerk's office as well as indexed. — Sternberger v. McSween, 14 S. C, 35. If
not indexed the lien is good between the parties and enforcible by warrant. —
Lyons v. Tedder, 7 S. C, 60. But an unrecorded lien of landlord for advances
does not avail against a merchant's recorded lien for advances. — Whaley v.
Jacobson, 21 S. C, 51.
Sec. 3062. If any person making such advances shall prove, arrest^uniawftfi
by affidavit, to the satisfaction of the Clerk of the Court of the!!l!_^!_!!!£;_
County in which such crop is, that the person to whom such ad- ^'^- g^' 2517!
vances have been made is about to sell or dispose of his crop,§^3^' '^^^■'*"^°'
or in any other way is about to defeat the lien hereinbefore pro-
vided for, accompanied with a .statement of the amount then
due, it shall be lawful for him to issue his warrant, directed to
any of the Sheriffs of this State, requiring them to seize the
said crop, and, after due notice, sell the same for cash, and
pay over the net proceeds thereof, or so much thereof as may
be necessary, in extinguishment of the amount then due : Pro-
vided, however, That if the person to whom such advances
have been made, shall, within thirty days after such sale has
been made, give notice in writing to the Sheriff, accompanied
73.— c ■ '■ ■
CIVIL CODE
with an affidavit to this effect, that the amount claimed is not
justly due, then it shall be the duty of the said Sheriff to hold
the proceeds of such sale subject to the decision of the Court
upon an issue which shall be made up and set down for trial
at the next succeeding term of the Court of Common Pleas for
the County in which the person to whom such advances have
been made resides, in which the person who makes such ad-
vances shall be the actor.
Sufficiency of affidavit. — Doty v. Boyd, 46 S. C, 39; 24 S. E., 59. The
lienee is strictly limited to this remedy to enforce his lien. — Kennedy v.
Reames, 15 S. C, 548. The affidavit is fatally defective unless it state the facts
required to obtain the warrant. — Segler v. Coward, 24 S. C, 119. The war-
rant can be issued only by the Clerk, and served only by the Sheriff. — ^Jones v.
Clarkson, 16 S. C, 628. It cannot issue on liens for advances unless the agreement
for a lien was in writing and signed by the party charged. — Carpenter v. Strickland,
20 S. C, I. Sheriff cannot, under such warrant, take the crops already distrained
and taken into possession by the landlord for rent without payment of the rent. —
Brewster v. McNab, 36 S. C, 274; 15 S. E., 233. The seizure of the crop may be
made elsewhere than on the land where it is made — Visanski v. Bradley, 4 S. C, 288.
The onl}' issue to be determined under notice to the Sheriff is, whether the
amount claimed is justly due. — Johnstone v. Manigault, 13 S. C, 403. If
affidavit deny any indebtedness under the lien, that is sufficient. — Warren v.
Lawton, 14 S. C, 476. Such notice and affidavit, when filed with the Clerk,
raise the issue sufficiently for trial, and no order of Court is necessary to frame
such issue. — Johnstone v. Manigault, 13 S. C, 403; Warren v. Lawton, 14 S. C,
476. The lienor is the actor in the Court contesting the claim of lienee. — Virginia-
Carolina Chemical Co. v. Kirven, 57 S. C, 445; 37 S. C, 745. Damages for
failure to advance supplies, as agreed, not recoverable hereunder. — Davis v.
Schmidt, 22 S. C, 128. This remedy of the lienee is not exclusive of other rem-
edies.— Segler v. Coward, 24 S. C, 119. Lienor entitled to costs as witness on
trial of such issue. — Winsmith v. Dewberry, 14 S. C, 554. Appeal lies from
judgment in this proceeding. — Johnstone v. Manigault, 13 S. C, 403.
in^couf^f Sec. 3063. When any person shall have made advances for
forSosure ^of agricultural purposes and shall have secured lien upon the crop
cTsLsTissul^o^ crops of the person to whom such advances may be made,
&c., costs.
R.
. according to the provisions of law relating to agricultural liens,
1SS4, ^xViiL, 3-nd the amount of such advances do not exceed one hundred
XIX.! sM.Ts! dollars, it shall be lawful for any Magistrate of the County in
which such lien is indexed, upon the production of said lien and
the proof required in cases where Clerks of the Court may issue
warrants, to issue his warrant directed to a Constable or the
Sheriff of the County, requiring him to seize said crop or crops,
and after due notice sell the same for cash and apply the net
proceeds thereof, or so much thereof as may be necessary, in
extinguishment of said lien : Provided, That if the person to
whom such advances have been made shall give notice in writ-
ing, within ten days after such seizure, accompanied with an
affidavit to the effect that the amount claimed is not justly due,
then the Magistrate issuing the warrant shall, at the expiration
of twenty days, decide an issue which shall be made up, in
OF SOUTH CAROLINA. ii55
• A. D. 1902.
which the person who may have made such advances shall be ^-^^'-^^
the actor.
This Section shall not be construed to prevent Clerks of the
Court from issuing warrants to enforce agricultural liens in all
cases as in this Article provided.
The costs and fees of Magistrates for enforcement of agri-
cultural liens shall be the same as for Clerks of Court in simi-
lar cases; and Constables in Magistrates' Courts shall be al-
lowed in such cases the same fees and costs allowed in like
cases to Sheriffs.
Motion to vacate before Magistrate. — Kennedy v. Dunbar, 46 S. C, 517; 24
S. E., 383.
Sec. 3064. The affidavit and statements to be used to obtain affidlvulf^mo-
any warrant of seizure provided for in this Article shall con- warrant ;^bond
form, as nearly as may be, to the practice regulating the issuing &c. ^^^ ''^^"*'
of warrants of attachment under the Code of Procedure; and r. s. 2519;
1896 XXII
the person against whom it is issued shall have the right toigyj'isss, xix|
move before the Clerk of the Court or Magistrate by whom it
is issued, or a Circuit Judge, to vacate said warrant of seizure
for any of the causes which would be sufficient to vacate a
warrant of attachment issued under the Code of Procedure.
Before issuing such warrant, the officer to whom application
therefor is made shall require the party applying to enter into
an undertaking, with sufficient surety, to the effect that he will
pay to the party whose crops are to be attached or seized such
costs as may be awarded to him should said warrant be set
aside, and all damages that he may sustain in consequence of
the issuing of such warrant, if it should be decided by any
Court of competent jurisdiction that the same had been illegally Amount o f
or improvidently issued not exceeding the sum specified in the
undertaking which shall be at least two hundred and fifty dol-
lars, except in case of a warrant issued by a Magistrate, when
it shall be at least twenty-five dollars.
The only conformity to the attachment law required is in the affidavit and
statements, not in the subsequent proceedings. — Blair v. Morgan, 59 S. C, 52;
37 S. E., 45; So. Ry. Co. v. Sarratt, 58 S. C, 98; 36 S. E., 505. Failure to
file affidavits. — Townsend v. Sparks, 50 S. C, 380; 2y S. E., 801; Doty v. Boyd,
46 S. C, 39; 24 S. E., 59. Time within which motion to vacate may be made. —
Kennedy v. Dunbar, 46 S. C, 517; 24 S. E., 383. The Circuit Judge can vacate
an unlawful warrant of seizure at chambers. — Seigler v. Coward, 24 S. C, 119. On
motion therefor the Judge cannot consider facts not appearing in affidavit sub-
mitted to the Clerk.^ — Segler v. Coward, 24 S. C, iig- When lien
Sec. 3065. In case any portion of the crop is removed from ''^^^HH ^^IJ^
the land rented or leased, and the proceeds thereof not applied \^^_ * becomes
to the payment of the rent for the year, or to the other liens g. s. 24oi;R.
S..'2520; I'srsi
XVI., 744, § 3.
1 156 CIVIL CODE
A. D. 1902.
^^'"■^v • herein provided for, and this fact shall be made to appear by
affidavit, persons holding liens as herein provided shall have
the right to proceed to collect the amounts which will become
due for rent or advances in the same way as if the same had
become due according to contract before such removal.
gLien^^upon ggg^ 3066. ^^ny person who shall make advances in provis-
'^"^°^^'^- ions, supplies, and other articles for agricultural purposes, shall
R.^'s^' 2521-^^"^'^ ^ ^^^^ ^'^ preference to all other liens, existing or other-
^^^^'g^^' -^ ^•' wise, upon such provisions, supplies, and other articles, until
the same shall be consumed in the use.
lb., § 2. i^ (,^5g ^j^y Qj^g |-Q -whom such provisions, supplies, and other
articles, are so advanced, shall endeavor to dispose of the same
for other purposes than that for which they were advanced, or
in case any person shall endeavor to make said provisions, sup-
plies, and other articles, liable for the debts of the party to
whom they were advanced, then the party advancing said pro-
visions, supplies, and other articles, shall have the same reme-
dies and means for enforcing his lien as are herein provided
in case of advances for agricultural supplies,
c r^^p^^seized^ ^^^- 3067. Any pcrsou whose crop or crops, whether the
'^°^'^' ^'^- same be severed from the freehold or not, may be seized under
R.^'s^' 2522- l^l^s provisions of any or all of the preceding Sections of this
seg-^iW^xix! Article, shall have the right, upon entering into bond in accord-
^^^- ance with the provisions of law now of force in regard to ac-
tions for claim and delivery of personal property, to recover
immediate possession of the crop or crops so seized ; but noth-
ing herein contained shall be so construed as to affect any of
the provisions of said Sections in cases where no bond is given
as herein authorized.
Segler v. Coward, 24 S. C, 119; So. Ry. Co. v. Sarratt, 58 S. C, 98; 36 S.
E., 504-
ARTICLE VI.
LiExs OF Owners of Stock Animals.
Sec. 3068. Owners of stock horses, &c., to have lien on issue ; how enforced.
Owners o f Sectloii 3068. The owner of anv stock horse, jack, bull, boar
horses, S:c., to . '...".,.
have lien on or ram, kept hv him for the purpose of raising trom, havmg a
issue; how en- ^
forced. claim by contract against the owner of any mare or cow, or
G. s. 2349; other stock, for service, shall have a prior lien on the issue of
R. S. 2523; ^
1875, XV., 943.
OF SOUTH CAROLINA.
such mare, cow or other stock for the amount of such claim :
Provided, An action shall be instituted to enforce such claim,
by suit before a Magistrate or other officer having jurisdiction,
within twelve months from the time such claim shall have ac-
crued.
Such contract may be by parol.— Harby v. Wells, 52 S. C, 156; 29 S. E., 563-
ARTICLE VII.
Liens of Employes in Factories, &c.
Sec. I Sec.
3069. Employes of factories, &c., to 3070. How lien may be enforced,
have lien for wages. | 3071. Costs in such cases.
E m p 1 o y es
•11 J- 4-M in factories,
Section 3069. All employes m factories, mines, mills, distil- &c., to have .a
. , i_i- 1 .hen for their
leries, and all and every kind of manufacturing establishment wages.
in this State, shall have a lien upon all the output of the factory, ^^397, xxii.,
mine, mill, distillery, or other manufacturing establishment in
which they may be employed, either by the day or month,
whether the contract be in writing or not, to the extent of such
salary or wages as may be due and owing to them under the
terms of their contract with the employer, such lien to take pre-
cedence over any and all other liens, except the lien for muni-
cipal. State and County taxes.
Sec. 3070. Any one entitled to the provisions of this Article ^ Hmv lien en-
may begin suit upon his or her demands in any Court of —
competent jurisdiction, and at the time of commencing ac-
tion may file with the officer out of whose Court he desires pro-
cess to issue an affidavit setting forth the facts out of which his
or her alleged lien arose, the amount of same, and shall desig-
nate the property alleged to be affected by said lien ; thereupon
it shall be the duty of said officer to issue his process in the
nature of a warrant of attachment, directing the Sheriff of the
County or any lawful Constable to seize so much of the prop-
erty described in said affidavit as may be necessary to satisfy
said alleged hen. The officer executing aforesaid process shall
seize and take into his possession and custody, according to the
mandate of said process, the property described, and shall hold
the same until the final determination of the suit between the
parties, following the usual practice in attachment cases as to
sale after judgment, or even before judgment if the property
CIVIL CODE
seized be perishable and ordered sold by the Court : Provided,
That should the party claiming to be the legal owner of the
property seized desire to do so, pending suit, he may furnish
good and sufficient security for the payment of such judgments
as may be recovered by plaintiff against him in suit pending,
to be approved by the officer issuing the process, and shall
thereupon be entitled to the custody of the property seized,
just as though the process had been issued against it.
caslf.^ **^ ^^'^^ ^^^' 3071. The costs and fees of officers in proceedings under
^this Article shall be the same as in cases of attachment under
the Code.
Ih.
TITLE V.
OF PROCEEDINGS FOR THE RELIEF OF PERSONS
ARRESTED IN CIVIL ACTIONS.
CHAPTER CI.
Of the Discharge of Prisoners as Insolvent Debtors.
P e r s ons in
arrest wishing
to surre n d e r
I)roperty, to pe-
tition Courts,
&c.
Sec.
3072. Persons in arrest wishing to
surrender property, to pe-
tition Courts, &c.
3073. Creditors to be summoned by-
public notice, &c.
3074. Court to examine as to dis-
chiarge of prisoner. To ten-
der oath, &c. Form of oath.
3075. Petitioner to be allowed cer-
tain property, &c., and the
rest to be assigned, &c.
Homestead allowed head of
family.
3076. On making assignments, &c.,
prisoner to be discharged.
3077. Prisoner to be remanded for
refusal to sign.
3078. Penalty for false schedules.
3079. Manner of summoning jury in
cases of alleged fraud.
3080. Filling vacancies in panel.
3081. Liability for non-attendance
of jurors.
Sec.
3082. Issues on exceptions to Clerk's
rulings to be summarily
heard by Judge.
3083. Fees allowed Clerk for hear-
ing application.
3084. Fees allowed Sheriff.
3085. Pi'oceedings in cases of ap-
peal.
3086. Creditors allowed to examine
applicants for discharge.
Penalty for refusal to an-
swer.
3087. Debtor to produce books, &c.
3088. Submission of issues to jury,
&c.
3089. No discharge to be granted
until the delivery of proper-
ty to assignee.
3090. Expenses of imprisonment to
be paid weekly in advance
by plaintiff, or debtor dis-
charged.
Section 3072. Any person arrested on mesne or final process
g GJ^^^ios^i^R- in any civil action, as provided by Chapter I., Title VII., of
1788 v' 79 i ^^^ Code of Procedure, being unable or unwilling to give the
6; Con.', Art.
I., § 20.
OF SOUTH CAROLINA. 1159
A. D. 1902.
bail therein provided, may petition the Court of Common Pleas ""^
of the County wherein he is confined, certifying the causes of
his arrest, together with an account of his real and personal
estate, with the dates of the securities wherein any part of it
consists, and the deeds, notes, or vouchers relating thereto, and
the names of the witnesses to the same, as far as his knowledge
extends therein.
The words "on mesne or final process" are inserted in the first line of this
Section, on the authority of Hurst, Purnell & Co. v. Samuels, 29 S. C, 476; 7 S.
E., 822; in order to express the provisions of the Revised Statutes of 1872 held
in that case to be un-repealed.
Such imprisonment is a punishment for the misconduct of the debtor, and
may be modified or discharged at the pleasure of the Legislature without af-
fecting the contract. — Lowden v. Moses, 3 McC, 93. Defendant entitled to
this benefit, although guilty of fraud in obtaining goods for the value of
which he is sued. — Fleming v. Close, 3 Strob., 362. Where debtor's bail sur-
render him he can take the benefit of the Section.- — Ex Parte Ridgill, 5 Rich., .
427. Where defendant has been discharged from arrest after he has filed his
schedule and given notice to his creditors, he is not entitled to benefit of this
Section. — Clarke v. Simpson, i McM., 286. Where debtor files his schedule
under arrest in one case he need not file another under arrest in a second
case. — Banks v. Ingram, 10 Rich., 28. That the description of the property in
such schedule is vague and uncertain is no ground to oppose debtor's discharge,
unless he refuse to amend it. — Yeakle v. George, 12 Rich., 153. The schedule
may be amended after being filed. — Bingley v. Smart, i McC, 29; Prescott v.
Hubbell, 2 McC, 64.
Sec. 3073. Upon such petition, the Clerk is hereby required, ^ ^'f^^^l^ld
by order or rule, to cause the petitioner to be brought before J-^gP^^'"^ "°'
the Court, and also the creditors at whose suit such person q g. 2406; r.
shall stand charged, as well as all other creditors to whom he iv.,^!?! '§ iJ^^'
shall be indebted, to be summoned by public notice, to be given
three weeks at least in some newspaper of the County wherein
the debtor is confined, and if there be no newspaper published
in such County, then in some newspaper of general circulation
therein, personally, or by their attorney, to appear before him,
at a day for that purpose appointed, at or after the expiration
of the said three weeks.
The Clerk may issue the order or rule. — Bettis v. Nixon, i Strob., 148. Three
weeks' notice necessary to entitle the debtor to the benefit of this law. — Alexander
V. Gibson, i N. & Mc, 480; George v. Catherwood, i McC, 339. Such notice is
sufficient. — Cavan v. Dunlap, Chev., 241. Such notice must be published as
required. — Mordecai v. LaRissey, i Rich., 192. It need not be published imme-
diately after filing petition. — Ex Parte Cantey, 11 Rich., 520. The day should be
certainly fixed by the notice. — Bettis v. Nixon, i Strob., 148.
Sec. 3074. Upon the day of such appearance, if any of the amine'^astodis-
creditors so summoned shall neglect or refuse to appear, upon onlr^^ to ten-
affidavit made of the service of such rule or order, in manner Form° o\ 'oath.'
aforesaid, the Clerk shall, in a summary way, examine into g. s. 2407;R.
the matter of the said petition, and hear what shall be alleged iv.,^87,^'§ i. '
for or against the discharge of the said petitioner; and, upon
ii6o CIVIL CODE
A. D. 1902.
^""■"^^^ ' such examination, the Clerk may, and is hereby required to,
administer or tender to the petitioner an oath in the following
words :
"I, (A B), do solemnly swear that the account by me de-
livered into this Honorable Court, with my petition, doth con-
tain a true and full account of all my real and personal estate,
debts, credits, and effects whatsoever, without exception, which
I, or any person in trust for me, have, or at the time of my
said petition had, or am, or was, in any respect, entitled unto,
in possession, remainder, or reversion ; and that I have not at
any time since my being sued, arrested, or imprisoned, or be-
fore, directly or indirectly, sold, leased, assigned, or otherwise
disposed of, or made over, in trust for myself or otherwise,
other than as mentioned in such account, any part of my lands,
estate, goods, stock, money, debts, or other real or personal
estate, whereby to have or expect any benefit or profit to my-
self, or to defraud any of my creditors to whom I am in-
debted ; and that I will, to the utmost of my power, endeavor
to collect all and singular the title deeds to my lands, together
with the remainder of my goods and effects contained in my
said account, and the vouchers relating to or concerning the
same, wheresoever, or in whosesoever hands they may be
within this State, and will surrender the same to my assignee
or assignees as soon as possible after my discharge : So help
me God."
Debtor allowed to swear at time of discharge, nunc pro tunc. — Brevard v.
Wylie, I Rich., 138.
^^^UowerJr- ^^^- ^^'^^- I" c^s^ t^^^ prisoner shall take the said oath, and
&c" and^^'th'e ^P°" examination the Clerk shall be satisfied with the truth
If I n°e d^ &c thereof, he shall order the lands, goods, and effects contained
w?"h^ea!i o^f ^" ^^^ ^^^^ accouuts, or SO mucli of them as may be sufficient
^^"^''y- to satisfy the debts wherewith such petitioner shall be charged,
s*^' im^'^^'if' ^^^^ t^^ ^^^^ °^ t^^ keeper of the jail where he shall be in cus-
Con., Art. II., tody, together with the costs of suit which shall be incurred
on the suit or prosecution commenced against him, and all
other costs and fees which shall arise or become due upon
prosecuting and obtaining his discharge, by a short indorse-
ment on the back of his petition, signed by the petitioner, to
- be assigned to some suitable person, to be selected by the Clerk,
as assignee for the benefit of the plaintiff and such creditors
as may appear or establish claims against the debtor : Provided,
however, That if the petitioner be the head of a family, there
OF SOUTH CAROLINA. 1161
A. D. 1902.
shall be reserved to him, out of his real and personal property, ''^-^v^'^
a homestead, and such articles as are exempt from attachment,
levy and sale under the provisions of the Constitution and laws
of this State.
Such assignment vests in the assignee all the estate capable of being con-
veyed, wliether vested or contingent. — Cohen v. Gibbes, i Hill, 206. Provided
the assignee accepts the trust. — Tunno v. Edwards, 3 Brev., 510; Belden v.
Pate, 12 Rich., 358; Brooks v. Brooks, 12 S. C, 422. A life estate passes by
such assignment. — Verdier v. Youngblood, Rich. Eq. Ca., 220. The assignee
takes the property subject to all circumstances and applies it to debts in order
of rank.- — Mairs v. Smith, 3 McC, 52; McLeish v. Tyler, 4 Strob., 287. And
subject to any set-off existing before assignment. — Lowrie v. Williamson, 3
McC, 152.
Sec. 3076. The petitioner, upon executing such assignment, signi^nts?&a^
(and when he shall have delivered into the hands of the discharged"
assignee or assignees all and singular his title-deeds, vouchers, g. s. 2409-
and effects contained in his said account, so far as in his power 1759, iv.^,^^88!
so to do,) shall be forthwith discharged, by order, from such^ ^'
suit or suits, and shall also thenceforth be acquitted and dis-
charged of, from and against all such other of his creditors as
shall have appeared or established their demands before the
Court, or assignee, for all debts, contracts, and demands what-
soever.
The applicant for discharge must have strictly pursued the prescribed pro-
ceeding.— Carpenter v. Kennedy, i Brev., 25. Upon such assignment the
debtor shall forever afterwards be so discharged. — Wall v. The Court, i Bay,
434. The discharge extends to suits in any Court. — Hunt v. Simons, 2 Bay,
104. And embraces judgments already obtained. — Mayrant v. Myers, 2 Mill,
419. A judgment entered in pending suit, after discharge, will be set aside. —
Crane v. Martin, 4 Rich., 251. But the discharge is limited to suits pending
and to creditors who may receive a dividend. — Duncan v. Brown, i McC, 375.
So a suing creditor may discontinue his suit before discharge to avoid its effect
upon him. — Gamble v. Jenkins, 12 Rich., 692. It does not bar suit on debts
accruing after discharge, nor on those not sued on, nor on those receiving no
dividend. — Duncan v. Brown, i McC, 375. It does not divest right of property
acquired by creditor by virtue of mortgage debt before it is granted. — Hamil-
ton V. Bredeman, 12 Rich., 464. It bars arrest again on the same debt against
which it was allowed. — Man v. Lowden, 4 McC, 485. It operates to discharge
the debtor's bail. — Saunders v. Bobo, 2 Bail., 492; Hibler v. Hammond, 2
Strob., 105.
Sec. 3077. In case any such debtor shall neglect or refuse j.g^^^°dgd^ £°q^^
so to do within the time aforesaid, it shall and may be lawful sfg^^^' *" ^^'
for the Judge of said Court, upon application upon oath, of the q g. 2410 ;
assignee or assignees, again to remand the said debtor to ^' ^' ^^^^' ■^'''
prison, there to remain, unless good cause shall be shown by
him or them to the contrary, until he shall fully comply with
the terms of Section 3074 of this Chapter.
Without such order of the Court the debtor cannot be rearrested in same case, faigl'^^chedules
— Aiken v. Moore, i Hill, 432. .
Sec. 3078. Any person who shall deliver in a false schedule r. "s. ' 2530!
1788 V 79
of his effects shall suffer the penalties of wilful perjury, shall § lo- 1759,' iv.^
^ ^ ■> ■" 93, § 15.
ii62 CIVIL CODE
A. D. 1902. ^
^^■'■^v-^""^ be liable to be arrested again for the action on which he was
discharged, and shall forever be disabled to take any benefit
from this Chapter.
, ,^J^f; "^j;. °£ Sec- 3079. Whenever a debtor in custody under the pro-
summon mg J >^
J,"'-y^j'Jg|^|^| visions of this Chapter shall be accused by the plaintiff of
^^^"'^- fraud, or of having given an undue preference to one creditor
R *^"s^' 2531- 1° ^^^ prejudice of another, or of having made a false return,
1833, VI., 49i; it shall be lawful for the Clerk of the Circuit Court, who shall
hear the prisoner's application, to place the names of twenty-
four persons qualified as jurors in a box, and from them draw
eighteen, and to direct the Sheriff of the County to summon
the said eighteen whose names shall be thus drawn to attend
at the place where the prisoner is confined, and at such time
as the said Clerk shall appoint ; and from them shall be drawn
twelve in the same manner, who shall be empanelled to try
the facts required by this Chapter.
Such accusation should be made upon suggestions, stating the facts. — Fabre
V. Zylstra, 2 Bay, 147; Sherman v. Barrett, i McM., 147; Rosser v. Moye, i
Rich., 62; Ex Parte MofiFett, 11 Rich., 358. But defendant may waive it. —
Baker v. Bushnell, i McM., 66. After prisoner has been put on trial it is too
late to object that legal notice of application has not been given. — Rice v.
Sims, 3 Hill, 5. If the case is complicated it should be tried by a jury, other-
wise it may be tried by the Court. — Fabre v. Zylstra, 2 Bay, 147. Any fraudu-
lent device to swindle creditors is such a fraud. — Hyams v. Valentine, 4 Strob.,
408. Fraudulent removal of goods bars the benefit of the Act. — \\'iley v. Law-
son, 7 Rich., 152; Branden v. Gowing, 7 Rich., 459. But when they are after-
wards recovered by the creditors it does not. — Mairs v. Smith, Harp., 128.
Fraud in contracting debt does not so bar. — Fleming v. Close, 3 Strob.,
362. After suggestion of fraud has been filed, applicant cannot withdraw his
application for discharge. — Sherman v. Barrett, i McM., 147. Unless he pay
the debt for which he is arrested and costs.- — Sleeper v. Cohen, 12 Rich., 112.
Such preference does not deprive the prisoner of the benefit of the Act, unless
it be fraudulent. ^Stover v. Duren, 2 McC, 266; Creyton v. Dickerson, 3 McC,
438; Dobson v. Teasdale, 4 McC, 81; Buhvinkle v. Gaube, 5 Rich., 286. The
question of undue preference must be decided by the jury. — Weed v. Evans, 2
Speer, 232. Conviction of a false return prevents the discharge of the pris-
oner.— Dixon v. Vanezara, i McC, 373; McElmoyle v. Florence, 2 McC, 24.
Schedule may be amended at trial, if it appear that the omissions in it arose
from ignorance, inadvertence or mistake, and it will not surprise or delay^ — -
Sherman v. Barrett, i McM., 147; Craig v. Pinson, 2 Speer, 176. Finding that
an assignment of some of his property, mentioned in schedule of defendant,
was fraudulent, was not conviction of false return. — Cavan v. Dunlap, Chev.,
241. But omission of such property altogether does make the return false. —
Brandon v. Rogers, 10 Rich., 9. Clerk has the right to select the jury. — Rice
v. Sims, 3 Hill, 5. And his discretion in regard to the notice and time of trial
must govern. — Ih. Plaintiff cannot add new suggestions against the schedule
after the issue has been made up. — Bentley v. Page, 2 McM., 52; Morein v.
Solomons, 7 Rich., 97. The question of continuance is addressed to the discre-
tion of the Clerk. — Bentley v. Page, 2 McM., 52. The verdict of "not guilty"
finds the schedule to be true. — Rice v. Sims, 3 Hill, 5. The verdict of "guilty
generally" on various charges of fraud is sufficient. — Hyams v. Valentine, 4
_.,,. Strob., 408.
rilling V a-
cancies in pan- gee. 3080. If, from the eighteen persons so summoned,
'^ g 2413. twelve cannot, from any cause, be empaneled, then the said
R. S. 2532; lb.
OF SOUTH CAROLINA. 1163
A. D. 1902.
Clerk is authorized to complete that number from the other '^^-'"v-^"^
freeholders originally selected.
gee. 3081. The freeholders so summoned shall be liable to ^^Liabnity jor
the same objection, to be made by either party in the case.°^ jurors.
which may be made to jurors in the Court of Common Pleas, j^^- Jgg.^^^j^*!
and shall be liable to the same for non-attendance without ^^2, § 2.
sufficient cause to which jurors are for non-attendance at the
Courts, the said fines to be imposed by the Court of Common
Pleas of the County; and it shall be the duty of the Clerk to
return to the said Court the names of the freeholders who shall
so neglect to attend, to be proceeded against as in the case of
non-attending jurors.
Sec. 3082. In case exceptions be taken to any order or ruling ^ ^'^"tYo°ns To
of the Clerk while discharging the duties imposed by this |^^%^''J,'^'^"^r'
Chapter, the issues therein may be summarily heard and tried j^dgef'"^'^ ^^
by the Judge of the Circuit, or by any Circuit Judge then q § 2415;
holding the Courts in such Circuit, or if there be no Judge ^- ^- ^^^*-
within such Circuit, by any other Circuit Judge named in the
notice for such hearing.
Sec. 3083. The Clerk who may hear and determine the ap- ^.j^ees^^^nowed
plication of a debtor for the benefit of the provisions of this ing application
Chapter, shall, if the same be unlitigated, be entitled to receive ^ g. ^s. 2416;
the sum of two dollars out of the property that may be as-is^s, vi., 491.
signed, as a compensation for his services; and, whenever the
same is litigated, the said Clerk shall be entitled to receive the
sum of four dollars as a compensation for his services, out of
the property of the debtor, if the final decision be against him ;
but if it be in his favor, then the said sum shall be paid by the
plaintiff.
Sec. 3084. The Sheriff shall receive the sum of five dollars s£^f|.^"°'^^'^
as a compensation for summoning the said freeholders, to be ^ g ^^--
paid out of the property of the debtor, if his application be^- s. 2536; ib.
refused, and, if granted, to be paid by the plaintiff.
Sec. 3085. If the verdict of the jury aforesaid be in f avor .^ Pr^oceedinp
of the debtor, and the plaintiff should appeal, the debtor shall Pff^^
be entitled to be discharged from confinement, on his giving^ g. 28^^2418;
bond and sufficient sureties to the plaintiff, to be forthcoming § 4-
and to abide by the decision of the Supreme Court ; and if the
said appeal shall be determined against the debtor, and he be
not surrendered (which the surety is hereby authorized to do)
before the first day of the Circuit Court next succeeding the
determination of such appeal, then the Clerk of the Court
CIVIL CODE
shall, on the application of the plaintiff or his agent, forth-
with issue an order on the said bond against the prisoner and
his sureties, as in cases of estreated recognizances ; but in case
the said prisoner should appear, or be surrendered, as afore-
said, then the said Clerk shall forthwith proceed with the
case, as provided in the preceding Sections.
No appeal lies except from such verdict of jury. — Martin v. Stribling, 2 Speer,
65. Notice of such appeal may be given after judgment on verdict. — Bulwinkle
V. Grube, 5 Rich., 286. Upon judgment granting his discharge, the prisoner is
entitled to go at large, pending appeal. — Baker v. Bushnell, i McM., 272; Bul-
winkle V. Grube, 5 Rich., 286. But upon renewal of appeal he must return to prison
or forfeit his right to discharge. — lb.
iowe''d'to°e"am- ^^^- ^^^^' ^^ ^hall and may- be lawful for the creditor or
for dfsdiargef Creditors of any person applying for the benefit of this Chapter,
fusaf^^to"*^ an- either in person or by attorney, to examine and cross-examine
^^^'"- such applicant, on oath, in the presence of the Judge, or the
R ^' s^' 2538- Clerk of the Court, before whom he shall move for his dis-
1836, VI., 556, charge from imprisonment, touching the truth of his schedule,
and touching the nature and extent of his property, rights,
and credits, liable to be assigned for the benefit of his creditors.
And the refusal of any such applicant to answer, fully and
directly, all or any proper questions put to him in the course
of such examination, shall prevent his discharge, if otherwise
entitled thereto, until he shall have fully answered the same.
Rosser v. Moye, i Rich., 62; Fleming v. Close, 3 Strob., 362. Such examina-
tion by the creditor may be followed by his filing suggestions of fraud to be tried
by the jury. — Ex Parte McDonald, 13 Rich., 250.
Debtor to pro- Scc. 3087. If, ou such examination, it should appear that he
duce books, &c. ' ' ^-^
— - — „ „^-. has kept books, in relation to his trade, profession, or occu-
I^Q« WT ^K^r;«' pation, he shall be required to produce the same, if in his
§ 2. possession or power ; and, on failure to do so, he shall be de-
prived of his discharge until he shall produce the same.
.Submission of Scc. 3088. Nothing contained in this Chapter shall be con-
issues to jury, ^ ...
^ strued to deprive a Judge, sitting in open Court, of the power
G. s. 2421; to submit to the jury already empaneled all issues arising
1833, VI., 493, under Section 3079 of this Chapter, in the same manner as
is now practised ; but in all cases where the plaintiff shall
appeal, the defendant shall be entitled to his enlargement,
pending the appeal, on the terms prescribed in Section 3085
of this Chapter.
to^be'^'^rantfd ^^^' ^^^^- ^^^ ^^^ cases whcrc a debtor applies for his dis-
untii the deiiv- charge, the Judge, or Clerk of the Court, before whom the
ery of proper- b > J b > >
ty to assignee, application shall be made, shall not discharge him from the
Rs'2fa ^fb' confinement until the property contained in his schedule is pro-
§ ^- duced and delivered to the assignee, if it be, or has been.
OF SOUTH CAROLINA.
Expenses of
within the power of the debtor to deliver the same since the
time of his arrest.
It is not in power of debtor to deliver property removed to another State, and
he must be discharged unless it was fraudulently removed. — Martin v. Stribling,
2 Speer, 65.
Sec. 3090. Every debtor arrested and held in the custody of i ^ pnsonme?t
the Sheriff, under the provisions of this Chapter, shall be ^^eekiy ^n ''ad-
maintained in the common jail at the expense and charge of tfff,'^^or^/ebtor
the person causing the arrest. And if such charges are not f^!!!^^I£lj
paid to the keeper of the jail weekly, in advance, the Clerk r/|, 2542!^^^'
or Judge may, upon proper evidence thereof, direct that such
debtor be released from further custody.
The charges for keeping such debtor in the common jail
shall be the same as are allowed by law for dieting prisoners
confined under process in the Court of Sessions ; and if the
plaintiff recover judgment against the debtor, or an assign-
ment of his effects be made as herein provided, such charges
may be recovered as disbursements in the action, or paid out
of the estate assigned, before any dividend is declared.
Schroter v. Crawford, i Hill, 422; Love v. Lowry, i McC, 181; Brian v. Ellis,
Dud., 71.
TITLE VI.
OF LEGAL NOTICES, LEGAL HOLIDAYS,
COSTS AND FEES.
AND
Chapter CII. Publication of Legal Notices; Legal Holidays.
Chapter CIII. Costs and Fees of Attorneys and Other
Officers.
CHAPTER CII.
Publication of Legal Notices ; Legal Holidays.
Sec.
3091. Charges for advertising legal
notices ; advertisement of
sales, &c.
3092. Special provisions in certain
Counties.
3093. Notices of legal sales, time to
be advertised.
3094. Legal holidays.
Sec.
3095.
3096.
Holidays in Charleston Coun-
ty ; half holidays on Satur-
day ; demand for acceptance
or payment ; proviso.
Certain Mondays in Charles-
ton County declared to be
holidays ; proviso ; notes,
when payable.
ii66 CIVIL CODE
A. D. 1902.
'^"^^'^ Section 3091. State and County officials authorized by law to
leS^fdvertis^ P^t)lish advertisements in the newspapers of this State, in-
ing regulated, eluding sales of real and personal property, by Masters, Clerks
^^1899, XXII., q£ Courts, Judges of Probate and Sheriffs, citations, notices to
creditors, and notices of final settlement by executors, adminis-
trators and guardians, and all other persons acting in a
fiduciary capacity, together with all other advertising done by
order of any Court, including service of summons by publica-
tion, notices of election ordered by Commissioners, reports of
County Treasurers, Supervisors, Superintendents of Educa-
tion, notices of County Auditors, proclamations of the Execu-
tive Department, proposals for works and supplies by the heads
of departments, or other officials authorized to advertise for
competitive bids, and all other advertising whatever by State
and County officials, shall be charged not exceeding one dollar
per inch for the first insertion, and not exceeding fifty cents
per inch for each subsequent insertion, the said advertisements
to be set solid brevier type, including the caption and all other
parts of the said advertisements : Provided, That newspapers
using other than brevier type shall receive compensation based
on brevier measure : Provided, further. That all accounts ren-
dered for printing shall be under oath that such accounts are
in accordance with the requirements of this Chapter : Provided,
further. That when the value of the estate as to which such
advertisement is made is less than two hundred dollars, only
one-half the rates hereinbefore allowed shall be charged or al-
lowed ; and when the value of such estate is less than one hun-
dred dollars, only one-fourth of the rates hereinbefore allowed
shall be charged or allowed : Provided, further, That if the
proprietors or managers of the newspapers in any County shall
refuse to insert such advertisements in their newspapers at the
rates hereinbefore allowed, the same shall be posted in at least
three public places in the County, one of which shall be at the
court house door : And provided, further. That the reports of
County Treasurers and Supervisors shall not exceed sixty dol-
lars each per annum : Provided, The provisions of this Chapter
shall not apply to Colleton, Charleston, Georgetown and Flor-
ence Counties.
Special pro- Scc. 3092. In the said Counties of Colleton, Charleston,
visions m cer- . , .
tain Counties. Gcorgetowu and Florence, the pay for advertisements of no-
1896, xxii.,tices of elections, rewards, reports and all other matters re-
quired by law to be published shall be paid for at the rate of
OF SOUTH CAROLINA. 1167
— A. D. 1902.
one dollar per one hundred words for the first insertion, and ""-^"v^^^
fifty cents per one hundred words for each subsequent inser-
tion : Provided, That the caption to notices shall he at the rate
of five cents per word.
See. 3093. All notices for the sale of any real estate under ti^g^i^|Js!^i°^
execution or order of Court shall be advertised for twenty-one 'Jied. ^^ ^'^''"'
days, that is to say, once a week fcr at least three weeks, prior g g .3424; k,
to such sale ; and all notices for such sales of personal prop- IvS^il; ists,'
erty, unless otherwise specially ordered, shall be advertised ^^-^ ^®^-
for fifteen days, that is to say, once a week for two weeks,
before such sale.
Advertisement in weekly newspaper in three successive issues next preceding
the daj' of sale, sufficient. — Ex Parte Alexander, 35 S. C, 409; 14 S. E., 854.
Sec. 3094. National Thanksgiving days and all general elec- ^^^|°^^ '^ ° ' ''
tion days, and also the first day of January, the nineteenth ^g^g^ xxii.,
day of January, the twenty-second day of February, the tenth ^^i.
day of May, the third day of June, the fourth day of July, the
first Monday in September and the twenty-fifth day of De-
cember in each and every year shall be legal holidays : Pro-
vided, That nothing herein contained shall be so construed as
to affect judicial sales as now provided by law, or any other
legal transaction, on the first Monday in September.
Judicial proceedings on a holiday not illegal. — Mitchell v. Bates, 57 S. C, 44;
35 S. E., 420; Hiller v. English, 4 Strob., 486. Contracts executed on Sunday not
void. — Hellams v. Abercrombie, 15 S. C, no; Mills v. Williams, 16 S. E., 593.
Sec. 3095. In Charleston County, the holidays mentioned in ^is^P^^'^'^asP^o
the last preceding Section, and any and every other day which charieston^Ca
may at any time hereafter be made a public holiday by law, 1392, xxi.,
and every Saturday from 12 noon until 12 midnight, which ^^^j|^ ]m^^'
is hereby appointed a half holiday, shall, for all purposes what- -^^^^ holiday
soever, as regards the presenting for payment or acceptance, ^^j. ^^gfj^r^'^p^^^
and of the protesting and giving notice of the dishonor of bills p°^^^-
of exchange, bank checks and promissory notes made after the
passage of this Section, be treated and considered as the first
day of the week, commonly called Sunday, and as public holi-
days or half holidays, and all such bills, checks and notes,
otherwise presentable for acceptance or payment on the secular
or business day next succeeding such holiday ; but in the case
of a half holiday shall be presentable for acceptance or pay- '
ment at or before twelve o'clock noon of that day : Provided,
however, That for the purpose of protesting or otherwise hold-
ing liable any party to any bill of exchange, check or promis-
sory note, and which shall not have been paid before twelve
IK
CIVIL CODE
A. D. 1902.
Demand for
a c ceptance or
payment.
Fail ure to
present or de-
mand on Sat-
urday.
Saturday
forenoon.
Certain Mon-
days declared
to be holidays.
Proviso.
o'clock at noon any Saturday, a demand of acceptance or pay-
ment thereof may be made and notice of protest or dishonor
thereof may be given on the next succeeding secular or busi-
ness day: And provided^ further, That when any person shall
receive for collection any check, bill of exchange, promissory
note, due and presentable for acceptance or payment on any
Saturday, such person shall not be deemed guilty of any neg-
lect or omission of duty, nor incur any liability, in not present-
ing for payment or acceptance, or collecting, such check, bill of
exchange or promissory note on that day : And provided, fur-
ther, That in construing this Section, every Saturday, unless
a whole holiday as aforesaid, shall, until twelve o'clock noon,
be deemed a secular or business day.
Whenever any of the legal holidays mentioned in Section
3094 shall fall upon Sunday, the Monday next following shall
be deemed a public holiday for all or any of the purposes afore-
said : Provided, however, That in such case all bills of ex-
change, checks and promissory notes made after passage
of this Section which would otherwise be presentable for accept-
ance or payment on the said Monday shall be deemed to be
presentable for acceptance or payment on the secular or busi-
ness day next succeeding such holiday.
CHAPTER cm.
Costs, Fees and Salaries of County Officers.
Sec.
Sec.
3096.
Costs to follow result of ac-
tions ; exception.
3106
3097.
Allowance and taxation of
costs in certain cases regu-
3107
lated.
3108
3098.
Attorney's costs on appeal, &c.
3099.
Attorney's costs in certain
other cases.
3109
3100.
Right to costs generally.
3101.
Fees of Secretary of State.
3110
3102.
Fees of Clerk of Court for
recording papers in certain
3111
Counties.
3103.
Fees of Clerk of Court and
3112.
Register of Mesne Convey-
3113.
ance in other Counties.
3114
3104
. Fees of Clerk of Court in
Orangeburg County, record-
3115.
ing papers.
3105.
Fees of Register of Mesne
Conveyance G r e e n v i 1 le
3116.
County.
3117.
Endorsements to be made on
papers recorded.
Fees Clerks of Courts, gen-
erally.
Fees Clerks of Courts in An-
derson County.
Fees Clerks of Courts in
Edegfield and Spartanburg
Counties.
Fees Clerks of Courts in Or-
angeburg County.
Fees Clerks of Courts in Pick-
ens County.
Fees of Referees.
Fees of Masters.
Fees of Probate Judges gen-
erally.^
Fees of Probate Judge in An-
derson County.
Fees of Probate Judge in Or-
angeburg.
Fees of Magistrates.
OF SOUTH CAROLINA.
1 169
A. D. 1902.
Sec.
3118. Fees of Sheriff, generally.
3119. Fees of Sheriffs in Anderson
County.
3120. Fees of Sheriffs in Orange-
burg County.
3121. Fees of Constables, generally.
3122. Fees of Constables in Ander-
son County.
3123. Fees of Notaries Public.
3124. Fees of Coroners.
3125. Fees of Physicians.
3126. Fees of Deputy Surveyors.
3127. Fees of County Auditors.
3128. Fees of Appraisers.
3129. Fees penalty for excessive
charges, &c.
3130. Fees of witnesses in civil
cases.
3131. Fees of witnesses in criminal
cases.
3132. Salaries certain officers in
Bamberg County.
3133. Salaries certain officers in
Berkeley County.
3134. Salary Clerk of Court and
County Treasurer Beaufort
County.
Sec.
3135. Salaries certain officers in
Barnwell County.
3136. Salaries certain officers in
Cherokee County.
3137. Salary Sheriff of Clarendon
County.
3138. Salaries County officers in
Dorchester County.
3139. Salaries County officers in
Greenwood County.
3140. Salaries County officers in
Georgetown County.
3141. Salaries County officers in
Kershaw County.
3142. Salary Sheriff of Lancaster
County.
3143. Salary Coroner Richland
County.
3144. Salary Coroner Newberry
County.
3145. Salaries County officers Spar-
tanburg.
3146. Salary of Sheriff in Fairfield
County.
The Act .of 1900, XXIII., 293, as to salaries of County officers in Anderson,
Beaufort, Berkeley, Colleton, Marion, Charleston, Fairfield, Laurens, Newberry,
Oconee and Union Counties is omitted from this Chapter, as unconstitutional under
the authority of Nance v. Anderson Co., 60 S. C, 501; 39 S. E., 5; and the law
stated without regard to that act.
Section 3096. In every civil action commenced or prosecuted iow°^event of
in the Courts of record in this State (except cases in chancery) fn^'cha n c^e?'y
the attorneys of plaintiff or defendant shall be entitled to re- otherwis^ o?-
cover costs and disbursements of the adverse party, as pre- _!!!_J_£12I!!2:
scribed in this Chapter, such costs to be allowed as of course s. '2547; code
to the attorneys of plaintiff or defendant, and all officers of the iss:3°" x\iii.'.
Court thereto entitled, accordingly as the action may terminate, 30. ' - ^ ^ •
and to be inserted in the judgment against the losing party.
In cases in chancery, the same rule as to costs shall prevail,
unless otherwise ordered by the Court : Provided, That wher-
ever, in any action for assault, battery, false imprisonment,
libel, slander, malicious prosecution, criminal conversation or
seduction, or in any other action for damages for torts, the
amount recovered shall be less than one hundred dollars, the
total amount of costs and disbursements shall not exceed the
amount so recovered in the action.
The right to costs is purely statutory. — Kershaw Co. v. Richland County, 6i S.
C, 75; 29 S. E., 263; Whittle v. Saluda Co., 56 S. C, 506; 35 S. E., 203;
Green v. Anderson Co., 56 S. C, 411; 34 S. E., 691; Hightower v. Bamberg
Co., 54 S. C, 536; 32 S. E., 576; Lancaster v. Barnwell Co., 40 S. C, 446; 19 S.
E., 74; Carolina National Bank v. Senn, 25 S. C, 572. Costs are in the nature of
74.— c
II70 CIVIL CODE
A. D. 1902. '■ '
^-— ^--v- ■*- ■' penalties. — Kershaw Co. v. Richland Co., 6i S. C, 75; 39 S. E., 263; State v. Co.
Treas., 10 S. C, 43; Lancaster v. Barnwell Co., 40 S. C, 445; 19 S. E., 74;
Thompson v. Farr, 1 Rich. L., 4. Costs are governed by the fee bill in force at time
of verdict or order for judgment. — Kapp v Lyons, 13 S. C, 288; Benbow v. Richard-
son, 21 S. C, 602. Taxation of costs must await iinal judgment when Circuit de-
cree has been reversed. — Addison v. Duncan, 35 S. C, 165; 14 S. E., 305. Costs and
disbursements should be inserted in the judgment. — Lewis v. Brown, 16 S. C, 58.
Fees of officers of Court and witnesses should be taxed to them as costs, if not paid
by the party. — Lewis v. Brown, 16 S. C, 58; Cureton v. Westfield, 24 S. C, 457;
Dauntless Co. v. Davis, 24 S. C, 536. But if so paid by him they are considered as
disbursements by the prevailing party. — Lewis v. Brown, 16 S. C, 58; Cureton
v. Westfield, 24 S. C, 457; Dauntless Co. v. Davis, 24 S. C, 536. Disburse-
ments should be taxed under fee bill of force at time incurred. — Lewis v. Brown,
16 S. C, 58. Expenses of keeping property taken in claim and delivery is properly
a disbursement to be taxed by Clerk. — Addison v. Sugette, 60 S. C, 58; 39 S. E.,
229; Railway Co. v. Sheppard, 42 S. C, 543; 20 S. E., 481. Disbursements do
not bear interest before taxation. — Addison v. Sugette, 60 S. C, 58; 38 S. E., 229.
The right to disbursements was not affected by the repeal of the Act allowing
attorney's costs. — Durham Fertilizer Co. v. Glenn, 48 S. C, 494; 26 S. E., 796.
What are disbursements. — lb. Printing arguments for Supreme Court. — McElwee
v. Kennedy, 59 S. C, 335; 37 S. E., 920. Disbursements should be verified by
affidavit. — lb.; Cureton v. Westfield, 24 S. C, 457. Points and authorities in Su-
preme Court are taxable as disbursements. — Elder v. R. R., 15 S. C, 610. But
copying of case for printer is not so taxable. — lb. The payment of costs in cases in
chancery is within the discretion of the Court. — Mars v. Connor, 4 S. C, 70; Nim-
mons V. Stewart, 13 S. C, 44s; Cooke v. Pennington, 15 S. C, 185; Winsmith
V. Winsmith, 15 S. C, 611; Childs v. Frazee, 15 S. C, 612; Jacobs v. Bush, 17
S. C, 595; Pearson v. Carlton, 18 S. C, 47; Bratton v. Massey, 18 S. C, 555;
Lake V. Shumate, 20 S. C, 2^; Hand v. R. R., 21 S. C, 162; Covar v. Sallat, 22 S.
C, 265; Johnson v. Pelot, 24 S. C, 264; Gary v. Barnwell, 24 S. C, 595; McAfee
v. McAfee, 28 S. C, 218; 5 S. E., 593; Bean v. Bean, 28 S. C, 607; 5*5. E., 827;
Alexander v. Meroney, 30 S. C, 335; 9 S. E., 266; Geddes v. Hutchinson, 40 S.
C, 402; 19 S. E., 9; Younger v. Massey, 41 S. C, 50; 19 S. E., 125; Brown v.
Brown, 44 S. C, 378; 22 S. E., 412. Plaintiff should not be required to pay
costs incurred in a contest between co-defendants. — McCrady v. Jones, 36 S. C,
138. Pretended purchaser resisting action for foreclosure should pay costs. —
Dendy v. Waite, 36 S. C, 569; 15 S. E., 712. If Circuit Court makes no order as
to such costs the Supreme Court will not. — Walker v. Walker, 17 S. C, 339;
Harbin v. Parker, 19 S. C, 598; Scott v. Alexander, 2^ S. C, 120; Johnson v.
Pelot, 24 S. C, 255; Webb v. Chisolm, 24 S. C, 487; Gary v. Barnwell, 24 S. C,
S9S- The reversal on appeal of a decree which directs the payment of the costs
sets aside this direction, although it is not made a ground of appeal. — Bratton v.
Massey, 18 S. C, 555. In actions for the benefit of persons unable to contract,
or by one of a class for the benefit of all, the costs and disbursements should be
apportioned and paid out of the fund in Court. — Nimmons v. Stewart, 13 S. C,
445; Roberts v. Johns, 24 S. C, 580. But where there are liens upon part of the
fund, costs are primarily chargeable upon the unencumbered part. — Baxter v.
Baxter, 23 S. C, 114. An appeal lies from a judgment, in an action at law, as to
taxation of costs. — Stegall v. Bolt, 11 S. C, 522; Dilling v. Foster, 21 S. C, 340;
Dauntless Co. v. Davis, 24 S. C, 539. An appeal alleging error of law may be
taken from an order made upon the sole question of costs in a chancery case. —
Scott v. Alexander, 23 S. C, 120. But the Supreme Court has no original jurisdic-
tion as to costs. — Huff v. Watkins, 20 S. C, 479.
tition,^ w h^e n Sec. 3097. All allowanccs for costs prescribed by this Chap-
property does
not e x c e e d ter to which the provisions of this Section are applicable shall
$1,000 in value, 1 t, • , .. 1
and in f o r e- be subject thereto.
property* does I- The costs allowed by law in all cases of partition where
$500. ^^^^^ the property sought to be partitioned does not exceed one
R. s 2548^ thousand dollars in value, and in actions for foreclosure of
1897, XXII.;
429.
OF SOUTH CAROLINA.
mortgage where the amount claimed does not exceed five
hundred dollars, shall be one-half of the cost allowed in cases
where the value exceeds those sums, and this provision shall
apply to all cost in the cause.
Applies to Master's commissions. — Bryan v. Reams, 37 S. E., 921; 59 S. C, 340.
Restricted to the actions named. Williams v. Washington, 43 S. C, 35s; 21 S.
E., 259.
2. All the items of cost and expenses allowed by law in the g^ggg® ^sftfie-
administration and settlement of estates, where the amount of "^^^"j.^j^qq'^qq^^
such estate is less than one hundred dollars, shall be one-half ^gg^ xxu
the amount as now provided by law. *^^-
3. Costs for references shall only be taxed for the number fere°nces^°'^ "^^
of days which the Master shall certify to have been unavoid- ^ggg ^x si.
ably necessary, and no costs shall be taxed for references where
no testimony has been taken, or argument had.
4. No costs shall be allowed to any party unless he sue- Costs only to
■''■■' successful par-
ceed, in whole or in part, in his claim or defence, unless other- ty.
wise directed by the Judge hearing the cause. No costs shall
be allowed for proving uncontested claims; and in proving
other claims by attorneys not of record, no costs shall be al- Costs on prov-
. . ing claims.
lowed except for the days in which the Master or Referee is
occupied in taking proof for or against such claim.
5. The Master, special Master, or Referee shall be entitled ^^j°^^^g^^° ^l^'^
to three dollars for each reference, and the work of one day references,
shall constitute a reference, without regard to the number of what shall
° constitute a re-
claims presented and passed upon. ference.
6. No constructive mileage shall be allowed, but in all cases Costs for
° _ mileage.
costs for mileage shall only be taxed for the number of miles
actually traveled.
Sec. 3098. When an appeal is taken to the Supreme Court Attorneys'
'^'^ '^ costs in appeal
of this State, the following costs shall be allowed in all classes*? Supreme
' ° _ Court, &c.
of cases legal or equitable: for the plaintiff's or defendant's— -^^ xxiii
attorneys, for making and serving a case or a case containing 020.
exceptions, ten dollars; for procuring an Order of Injunction,
five dollars ; on argument in the Supreme Court, twenty-five
dollars.
Includes appeals in proceedings in prohibition. — State ex rel. Bartless v. Town
Council of Beaufort, 47 S. C, 225; 25 S. E., 38. The costs of appeal in Supreme
Court are to be taxed in favor of party prevailing there, irrespective of result of ^
case below. — Cleveland v. Cohns, 13 S. C, 397; Sullivan v. Latimer, 43 S. C,
262; 21 S. E., 3. Whether for appellant in action. — Huff v. Watkins, 25 S. C,
243. Or for respondent in a special proceeding. — Sease v. Dobson, 36 S. C, 554;
IS S. E., 703, 704. They are to be taxed under fee bill in force at the time the
appeal is determined. — Winsmith v. Dewberry, 13 S. C, 554. Former Act as to
costs on appeal, under which costs for making and serving case were not allowed. —
Finley v. Cudd, 45 S. C, 87; 22 S. E., 753.
1 172 CIVIL CODE
A. D. 1902.
^^^"^"^^^^-^ Sec. 3099. In actions which were pending, or on existing
Piaintjjfj.g ^t. contracts which were liquidated, on the I2th day of January,
*°''°^y- 1893, attorneys shall also be entitled to the following costs :
R.%. 2549^^^^' ^- Plaintiffs' attorneys' costs, zvhen entitled thereto, shall he
as follows : For rule on Sheriff or other officers of the Court,
three dollars ; for issuing summons, four dollars ; for issuing
complaint, four dollars, for entering up judgment and issuing
execution, three dollars ; where special bail is required, one dol-
lar; for every subpoena writ and ticket, one dollar; for every
renewal of execution, one dollar; for every demurrer or joinder
■ in demurrer, three dollars ; for every motion for a new trial,
when granted, five dollars ; for every trial of the cause in the
circuit, five dollars ; for every commission to examine wit-
nesses or filing cross-interrogations, or for issuing writ of par-
tition, eight dollars ; proceedings before trial on appeal from
Magistrate Court, three dollars; for trial of the cause, five
dollars, except when the amount sued for is under twenty dol-
lars, only two dollars and fifty cents for trial ; for all proceed-
ings in dower, from beginning to end, twenty dollars ; for
cases in attachment, in addition to common costs, ten dollars ;
for the jury in each case tried, one dollar; for examination of
1063^^' ■^^^^■' a party or witnesses before trial, three dollars ; for proceedings
in cases where the summons is served by publication, four dol-
lars; and for each necessary copy complaint served, where
there is more than one defendant, two dollars ; where the sum-
mons is served by publication, four dollars; and for each
necessary copy complaint served, where there is more than one
defendant, two dollars,
attomly"*^^"*'^ 2. Defendants' Attorneys' costs, when entitled thereto, shall
G. s. 2427; ^^ ^-^ follozvs: FoT giving notice of appearance when necessary,
&o,^x vYlI ^o^'" dollars ; for answer or demurrer, four dollars ; for enter-
297. jj^g yp judgment and issuing execution, three dollars; for trial
of the cause on the circuit, five dollars; to the jury, one dollar;
for motion for new trial, when granted, five dollars ; for every
commission to examine witnesses or filing cross-interrogations,
eight dollars ; for all proceedings before trial on appeal from
Magistrate Court, three dollars ; for trial of the cause, five dol-
lars; when the amount sued for is under twenty dollars, only
two dollars and fifty cents to be charged for trial ; for sub-
poena writ and ticket, one dollar.
3. In equity cases, which were pending, or on contracts
which were liquidated on the 12th day of January, 1893, at-
OF SOUTH CAROLINA.
torneys shall receive the same costs allowed in actions at law,
and also for the appointment of a guardian or guardians fl<^ costs in equity
litem for an infant, ten dollars; one attorney representing allf^fff;
the infants in a cause to charge only ten dollars for the ap-g^-gfgi^f^^i'gg^;
pointment of a guardian ad litem for them; for exceptions to^^y-jj^^^^g^j
Clerk's, Master's, or Referee's report, five dollars; for each^^^i'Xx.jioeo;
day attending before Clerk, Master, or Referee on reference,
five dollars : Provided, That no attorney shall be allowed to
tax costs both as plaintiff's and defendant's attorney ; and that
costs of reference shall not be taxed for more than six days.
To what actions restricted. — Powell v. Pearlstine, 43 S. C, 403; 21 S. E., 328.
Sec. 3100. The several officers hereinafter named shall be Fj^^|^^f^';„<=°ff!
entitled to receive and recover the fees and costs prescribed by^ff^i
this Chapter, and none other, for the services herein enume-jj/| 2553^^^'
rated.
Sec. 3101. Secretary of State. — For every search, fourteen g^|^^''^*^''y °*
cents; for entering satisfaction on a mortgage, twenty- q § 2430 ;
one cents; for recording a mark or brand, twenty-one ^gg^ \^ ^*|||
cents; for recording or copying any writing, for every copy- I5I • g^'^^^?' ^^J^i;
sheet containing ninety words, nine cents ; for making out a^^^-^^- '^^'^■
grant of lands, recording and fixing the great seal, two dollars
and fourteen cents ; for a testimonial with the great seal, one
dollar and seven cents ; for registering the certificate of a per-
son becoming a denizen, twenty-five cents ; for a family, not
exceeding three, fifty cents ; for a family exceeding three, one
dollar; for commissioning a Notary Public or Commissioner
of Deeds, three dollars and twenty-five cents.
For fees for granting charter, or amendment to charter, of Charitable, Social
and Religious Societies see Sees. 1890 and 1904; filing petition for corporation of
business corporations, Sec. 1881; issuing charters to same. Sec. 1888; foreign
Railroad corporations, Sec. 1791; recording railroad deeds, leases, mortgages and
other instruments in writing. Sec. 636.
Sec. 3102. Except in the Counties of Bamberg, Barnwell, o?^c?ur?^£
Beaufort, Clarendon, Colleton, Dorchester, Marlboro, Orange- pers!^'^'"^ p^'
burg, Pickens, Spartanburg, York, Oconee, Georgetown, Fair-~"i899, xxiii.,
field, Greenville, Richland, Berkeley, Union and Horry the|^|. ^^'^- ^^•'
following fees shall be allowed to Clerks of Court in this State,
in lieu of all fees now allowed by law: For recording a deed
to or a mortgage on real estate, with or without renunciation
of dower, and certifying same on the back thereof, seventy-
five cents : Provided, Such deed or mortgage does not exceed
fifteen hundred words, in which case they shall be entitled to
receive and collect an additional sum of eight cents per hun-
dred words on all words over one thousand; for recording
CIVIL CODE
each chattel mortgage over one hundred dollars, and certi-
fying same on the back thereof, fifty cents : Provided, Such
chattel mortgage does not exceed one thousand words, in
which case they shall be entitled to charge and receive an ad-
ditional sum of eight cents per hundred words on all words
over one thousand ; for indexing each chattel mortgage under
one hundred dollars, and certifying same on the back thereof,
ten cents ; for indexing each agricultural lien, and certifying
same on the back thereof, ten cents ; for recording each lien
and mortgage combined, and certifying the same on back
thereof, fifty cents ; for entering each satisfaction on the record
of a mortgage of real estate or a chattel mortgage, and certi-
fying same on the back thereof, ten cents ; for recording or
copying plats of not more than six corners, seventy-five cents ;
for every corner over six, six cents ; for every probate in writ-
ing, twenty-five cents ; for every certificate, except the certi-
ficates on the backs of papers recorded by them, and certificates
of judicial records in their offices required for the Court or a
Judge thereof, twenty-five cents ; for recording any other paper
required by law to be recorded, except judicial records, eight
cents per hundred words.
M^snl'con^ey- Scc. 3103. The Clcrks of Court in all the Counties excepted
^"^^^: from the operation of the preceding Section, except Orange-
626!^ I' 6^' 683; burg, and the Register of Mesne Conveyance in Charleston
695.^^' ^^^ " County shall receive: For recording and copying deeds and
other papers, per copy sheet of one hundred words, ten cents ;
for entering satisfaction on mortgages, twenty-five cents ; for
recording or copying plats of not more than six corners, one
dollar ; for every corner more than six, six cents ; for every
probate in writing, twenty-five cents ; for every certificate
other than that mentioned in Section 3106, twenty-five cents;
for filing, indexing and certifying any bill of sale, chattel mort-
gage, or other instrument in the nature of lien on personal
property, where the amount secured is not more than one
hundred dollars, fifteen cents : Provided, That the Register
for Charleston, and Clerk of Court for Beaufort County shall
also be allowed ten cents for every search.
Special pro- Scc. 3104. In Orangeburg County the Clerk of Court shall
visions as to _ a o j
Clerk of Court receivc : For recording and copying deed and other papers,
for recording per copy shcct of ninety words, six cents ; for entering satis-
— ■ faction on mortgages, ten cents ; for recording or copying plat
993. ' ' of not more than six corners, sixty-five cents ; for every corner
OF SOUTH CAROLINA.
more than six, six cents ; for every probate in writing, fifteen
cents ; for every certificate, fifteen cents.
Sec. 3105. The Register of Mesne Conveyances of Green- ^jJP:^^'^|^gP'"^^
ville County shall receive a salary of one thousand dollars per ^f ^j.^ .f;"^^^*^^!
annum, in lieu of all fees and charges for filing and recording ^^^^^^^^j^g^^^y;
papers, which salary shall be paid to him monthly by warrant '^^"^ County.
of the County Commissioners on the County Treasurer, to be2 7\^^.^'if^8'
paid out of the funds hereinafter required to be paid by said^^^^-'^^^j-^j'^^''
Treasurer from fees for recording and filing papers, and de-|°^' ^^°^' ^^••
ficiency to be paid out of the County funds in his hands not
otherwise appropriated.
The said Register of Mesne Conveyances shall charge, col- £^4'^'^°""* ° *
lect and keep an accurate itemized account of all fees for re-
cording for individuals, companies or corporations the same as
now allowed by law, and to pay the same over weekly to the ^^^° weekly.' '^
County Treasurer, taking his receipt for the same ; that out of
the funds thus realized the County Treasurer shall pay the Disposition,
monthly warrant for salary of said Register, carrying any
surplus of such fund to ordinary County purposes.
The Register of Mesne Conveyances for Greenville County ^|g-^|^Qf*j^g^^g
shall hereafter be entitled to charge and receive the following GT^rJ^Tvl He
fees, to wit : For recording deed to real estate, with or without bounty,
renunciation of dower, and certifying same on the back
thereof, seventy-five cents ; for recording each mortgage to
real estate, with or without renunciation of dower, and certi-
fying same on the back thereof, seventy-five cents : Provided,
Such deed or mortgage does not exceed fifteen hundred words,
and he shall be entitled to receive and collect an additional sum
of eight cents for every hundred words in excess thereof; for
recording each chattel mortgage in excess of one hundred dol-
lars and certifying the same on the back thereof, fifty cents :
Provided, Same does not exceed one thousand words, and he
shall be entitled to receive and collect the sum of eight cents
for every one hundred words in excess thereof; for indexing
each chattel mortgage for one hundred dollars or less and cer-
tifying the same on the back thereof, ten cents ; for indexing
each agricultural lien and certifying the same on the back
thereof, ten cents ; for entering each satisfaction on record of
a mortgage of real estate or a chattel mortgage, ten cents ; for
recording or copying plats of not more than six corners, one
dollar ; for every corner more than six, six cents ; for every
probate in writing, twenty-five cents ; for every certificate,
1 176 CIVIL CODE
A. D. 1902.
^ ^ twenty-five cents, except the certificate entered on the back of
a paper recorded by him. He shall be allowed ten cents for
every search made by him in his office, and- for recording any
other paper required by law to be recorded in his office, eight
cents for every one hundred words.
Mesnf Convey^ It shall bc uulawful for the register of Mesne Conveyances
vmeCoMtyToOf Greenvillc County to receive or to file for record or to re-
diarge cash for ^Qj. J any instrument unless the same be accompanied by the
full fees, in cash, for the filing and registry thereof,
pffcf in ad^ The said Register of Mesne Conveyance is hereby author-
vance. j^ed to require the payment of his fees in advance, and he may
refuse to receive any paper for record before the payment of
his fees, and may refuse to do any work required by law to
s p o"n sfbil on be douc by him, until the payment of his fee for the same:
ilct"fee.*° '^°^" Provided, That if he shall receive any paper for record without
requiring the payment of his fee in advance he shall record the
same and shall be responsible for the fee.
d o r semenf fo Scc. 3106. Whenever any instrument in writing required by
per'^ecorded^''" law to bc filed and recorded has been so recorded, the Clerk or
1898, XXII., Register shall endorse on said instrument a certificate showing
the date of filing and the book and page where recorded, and for
this certificate no fee shall be charged or collected.
commissions ^60. 3107. (i.) Clcrks of the Courts of Common Pleas and
Clerk of Court. General Sessions, except in the Counties of Anderson, Edge-
s.*^"2555^'^^i^s^; field, Orangeburg, Pickens and Spartanburg shall receive:
XVII., 298. Pqj. signing and sealing summons, fifty cents ; for filing com-
plaint, fifty cents ; for filing each answer, demurrer, or re-
joinder in demurrer, twenty-five cents ; for signing and sealing
subpoena writ, fifty cents; for docketing a cause, one charge
only at each term, fifteen cents; for attending the trial of a
cause, whether civil or criminal, and swearing witnesses, fifty
cents; for entering verdict or other order for final judgment
on the minutes of the Court, twenty-five cents; for special
order for bail, fifty cents ; for filing and entering on the jour-
nal every rule or order for arbitration, twenty-five cents; for
filing affidavits for continuance when ordered by the Judge,
twenty-five cents; for signing, entering, and enrolling judg-
ment, seventy-five cents ; for signing and sealing first execu-
tion, fifty cents ; for signing and sealing each renewal of execu-
tion, twenty-five cents; for entering satisfaction on judgment,
twenty-five cents ; for filing transcript, twenty-five cents ; for
taking security for costs, entering order therefor, if made, fifty
OF SOUTH CAROLINA.
cents; for recording judgments, one dollar and fifty cents; for
recording decrees of foreclosure, partition, and reports, per
copy sheet of ninety words, nine cents ; for administering oath
other than on trial of cause, proof of service on Sheriff's re-
turn, oath to jurors or by order of Court, fifteen cents each;
for taking and filing bonds in attachment, trover, or in other
cases, one dollar; for signing and sealing commission to ex-
amine witnesses, seventy-five cents; for examining each wit-
ness de bene esse, one dollar; exemplification of pro-
ceeding or other office copy, per copy sheet of ninety
words, nine cents; recording plat of land under order
of the Court, or copying the same, fifty cents; rule
of survey, fifty cents ; each official certificate under seal of
Court not herein specified, fifty cents ; issuing writ of attach-
ment for contempt or other special writ, one dollar; signing
and sealing writ of hab. fac. possessionem, fifty cents ; receiving
and paying over money officially, two per cent., if under three
hundred dollars; if over that sum, two per cent, for the first
three hundred dollars, and one per cent, for the balance; on
every appeal from Magistrate, all services inclusive, except for
entering up judgment and issuing execution therein, one dol-
lar; on bill nol. pros., before giving out, one dollar; on bill
thrown out by grand jury or found and nol. pros., abated,
discontinued, or struck off, two dollars; on bill found
and verdict by petit jury, three dollars; all orders for
bastardy and taking recognizance, one dollar; issuing bench
warrant, writ of habeas corpus, scire facias, and each exe-
cution in sessions, one dollar and fifty cents ; for is-
suing warrants, taking recognizance, or other services in the
sessions as Magistrate ex-ofhcio, same fees as allowed that
officer; for each writ of venire facias, including all services
incident to summoning juries, two dollars; for preparing and
issuing certificates for grand and petit jurors and Constables
and furnishing returns to County Commissioners for each term
of the Court of Common Pleas and General Sessions, five dol-
lars ; for filing petition and signing writ de lunatico inquirendo,
one dollar; for furnishing advertisements in cases of escheat,
exclusive of printer's bill, one dollar ; for recording whole pro-
ceedings therein, two dollars; for license to an attorney, all
services included, five dollars ; for filing and entering notice of
alien's intention to become a citizen, one dollar; for filing and
recording report of a lien, one dollar; for administering oath
XV., 41, § 3.
CIVIL CODE
of intention, one dollar; for filing and entering application to
become a citizen and administering oath, two dollars ; for giv-
ing certificate (over seal of office) of citizenship, one dollar;
for taking renunciation of dower or inheritance, two dollars ;
for every search for a paper found, (not to be charged to the
parties or attorneys when for papers in a case pending,) fifteen
cents ; for every search necessary for a certificate that a paper
is not to be found in office, twenty-five cents ; for swearing a
iVIagistrate or Constable in office, taking Constables' bonds,
and giving certificates thereof, one dollar ; for every probate
in writing, twenty-five cents; for signing and sealing dcdimus
potestatem, one dollar ; for official certificate to exemplifica-
tion of record, one dollar ; for official certificate, without the
seal, twenty-five cents ; each day engaged in holding reference,
one dollar; for hearing application for discharge of insolvent
debtors, two dollars ; for hearing the same when litigated, four
dollars ; making up and returning report on reference, but no
more than one report in each case, three dollars ; deed of con-
veyance or mortgage, two dollars ; for official notice of estray
and filing papers, one dollar; for recording and copying deeds
or other papers, per copy sheet of ninety words, nine cents ; for
entering satisfaction on mortgage, twenty-five cents ; for re-
cording or copying plats of not more than six corners, one
dollar ; and for every corner over six, ten cents ; for granting
charter of incorporation, two dollars ; for granting charter to
church, one dollar; for enrolling and recording transcripts of
judgments from JMagistrates Courts, and issuing executions
thereon, one dollar.
Jf^The^ Courts (2-) ^^ ^^ ^^y County in this State the commissions, costs
any'"ySr°'to be ^"^ ^^^^ of any Clerk of the Court of Common Pleas and
County °Treas° General Sessions, including such as he may receive in dis-
urer; speaai ^^j^^j-gj^^g |.|^g dutics of the late officcr of Register of Mesne
provisions a s
t o c e r
counties.
to certain Conveyance, shall exceed the sum of three thousand dollars.
1897, XXII., ^^^^^ ^^^'^ officer shall for such year receive only the sum of
xxn'. '692^ ^ ' thrss thousand dollars for the services required to properly
transact the business of his office, and he shall upon oath turn
over to the Treasurer of such County the excess of such com-
missions, costs and fees that he may have received over and
above said sum of three thousand dollars, to be applied to pay-
ment of current County expenses : Provided, further, That
nothing in this sub-division (2) of this Section shall afifect the
OF SOUTH CAROLINA. 1179
A. D. 1902.
Clerk of the Court of the County of Charleston and the Clerk
of the Court of the County of Richland.
(3.) All fees and costs allowed by law to Clerks of Courts Heu^of^fees in
in criminal matters are hereby abolished, and they shall beTn^c^ertain
allowed the following yearly salaries, in lieu and instead of the —
costs and fees now allowed by law. Said salaries to be paid 46; 1900/ ib'.]
quarterly upon the order of the Boards of County Commis-673.'
sioners of the respective Counties. In the Counties of Abbe-
ville, Cherokee, Dorchester, Edgefield, Lexington, Newberry
and Saluda, two hundred dollars. In the County of Green-
wood, two hundred dollars ; which shall be part of the thirteen
hundred dollars allowed on his salary. In the County of Flor-
ence, three hundred dollars. In the Counties of Aiken, Darling-
ton, Kershaw, Sumter, Chester and Union, three hundred and
fifty dollars. In the County of Laurens, four hundred and
fifty dollars. In the County of Charleston, twenty-four hun-
dred dollars ; such salary in the County of Charleston to be
paid to said Clerk monthly, beginning with the first day of
March, nineteen hundred and one, without any order from the
County Board of Commissioners, in the same manner in which
other County officers receiving salaries are paid, and to be in
place and stead of all costs, fees, charges or compensation
whatsoever from the State or County in any case, civil or
criminal : Provided, That the provisions of this Section shall
not apply to Chesterfield and Hampton Counties. In Clarendon
and Williamsburg Counties the Clerks of Court in lieu of fees
in criminal cases, shall receive one hundred and fifty dollars
each, and in the County of Lancaster the sum of two hundred
dollars in lieu of his fees in criminal cases.
Sec. 3108. In Anderson County the Clerks of Court of Com- and'c.^.^'fers
mon Pleas and General Sessions shall receive : For signing and °^'^ county'!*^'^
sealing summons, thirty-five cents; for filing complaint, fifty' ^^gg^ x x i.,
cents : for filing each answer, demurrer or rejoinder in demurrer, ^^^•
twenty-five cents ; for signing and sealing subpoena writ, twenty-
five cents ; for docketing a cause, one charge only at each term,
ten cents ; for attending the trial of a cause, whether civil or
criminal, and swearing witnesses, fifty cents ; for entering ver-
dict or other order for final judgment on minutes of the Court,
twenty-five cents ; for making assessments on reference,
twenty-five cents ; for special order for bail, thirty-five cents ;
for filing and entering on journal every rule or order for arbi-
tration, twenty-five cents ; for filing affidavits for continuance
ii8o CIVIL CODE
A. D. 1902.
when ordered by the Judge, twenty-five cents ; for signing,
entering and enrolHng judgments, fifty cents; for signing and
seaHng first execution, twenty-five cents ; for signing and seal-
ing each renewal of execution, twenty-five cents ; for entering
satisfaction on judgment, fifteen cents; for taking security for
costs, entering order therefor, if made, fifty cents ; for record-
ing judgments, one dollar ; for recording decrees of foreclosure,
partition and reports, per copy sheet of one hundred words,
ten cents ; for administering oath other than on trial of cause,
proof of service on Sheriff's return, oath to jurors or by order
of Court, fifteen cents ; for taking and filing bonds in attach-
ments, trover or in other cases, seventy-five cents ; for signing
and sealing commission to examine witnesses, fifty cents ; ex-
emplification of proceeding or other office copy, per copy sheet
of one hundred words, eight cents ; recording plat of land under
order of the Court or copying the same, fifty cents ; rule of
survey, fifty cents ; each official certificate under seal of Court
not herein specified, twenty-five cents ; issuing writ of attach-
ment for contempt or other special writ, one dollar ; signing
and sealing writ of hab. fac. possessionem, fifty cents ; receiv-
ing and paying over money officially, two per cent, if under
three hundred dollars ; if over that sum two per cent, for the
first three hundred dollars and one per cent, for the balance;
every appeal from Magistrate, all services exclusive, except
for entering up judgment and issuing execution therein,
seventy-five cents ; on bill nol. pros, before given out, one
dollar; on bill thrown out by grand jury, or found nol. pros.,
abated, discontinued or struck off, two dollars ; on bill found
and verdict by petit jury, three dollars ; all orders for bastardy
and taking recognizance, one dollar; issuing bench warrant,
writ of habeas corpus, scire facias, and each execution in Ses-
sions, one dollar and fifty cents ; for issuing warrants, taking
recognizance or other services in the Sessions as Magistrate
ex-oificio, same fees as allowed that officer; for each writ of
venire facias, including all services incident to summoning
jurors, two dollars; for preparing and issuing certificates for
grand and petit jurors and Constables and furnishing returns
to County Commissioners for each term of the Court of Com-
mon Pleas and General Sessions, five dollars ; for filing petition
and signing writ de lunatico inquirendo, one dollar; for fur-
nishing advertisements in cases of escheat, exclusive of print-
er's bill, one dollar; for recording whole proceedings therein.
OF SOUTH CAROLINA. ■ 1181
A. D. 1902.
two dollars ; for license to an attorney, all services included, '""'■v
five dollars ; for filing and entering notice of alien's intention
to become a citizen, one dollar ; for filing and recording report
of alien, one dollar; for administering oath of intention, one
dollar; for filing and entering application to become a citizen
and administering oath, two dollars ; for giving certificate
(over seal of office) of citizenship, one dollar; for taking re-
nunciation of dower or inheritance, two dollars; for every
search for a paper found, (not to be charged to the parties or
attorneys when for papers) in a case pending, fifteen cents ;
for every search necessary for a certificate that a paper is not
to be found in office, twenty-five cents; for swearing a Magis-
trate or Constable in office, taking Constables' bonds and giv-
ing certificates thereof, one dollar ; for every probate in writing,
twenty-five cents ; for signing and sealing dedimus potestatem,
seventy-five cents ; for official certificate to exemplification of
record, seventy-five cents ; for official certificates without the
seal, twenty-five cents ; each day engaged in holding reference,
one dollar ; making up and returning report, but no more than
one report in each case, three dollars ; deed of conveyance or
mortgage, two dollars ; for official record of estray and filing
papers, one dollar; for recording and copying deeds or other
papers, per copy sheet of one hundred words, eight cents ; for
entering satisfaction on mortgage, fifteen cents ; for recording
or copying plats of not more than six corners, one dollar ; and
for every corner over six, ten cents ; for granting charter of
incorporation, two dollars ; for granting charter to church, one
dollar.
Sec. 3109. The Clerks of the Court of Common Pleas and Edgefield, Sa-
luda and bpar-
General Sessions of Edgefield, Saluda and Spartanburg Coun- tanburg.
ties shall receive the following fees: For signing and sealing 1894, xxl,
summons, 35 cts. ; for filing complaint, 35 cts. ; for filing each f^^'^^'^lf'
answer, demurrer or joinders in demurrer, 25 cts.; for signing 254.'
and sealing subpoena, 30 cts. ; for docketing a cause, one charge
only, each 15 cts.; for attending the trial of the cause, whether
civil or criminal, and swearing witnesses, 50 cts. ; for entering
verdict or other order, 25 cts.; for final judgment on the
minutes of the Court, 25 cts. ; for special order for bail, 35
cts. ; for filing and entering on the journal for every rule or
order for arbitration, 25 cts. ; for filing affidavits for continu-
ance when ordered by the Judge, 25 cts. ; for signing, entering
and enrolling judgment, 50 cts. ; for signing and sealing first
ii82 CIVIL CODE
A. D. 1902.
^"^"^^-^■"'^ execution, 35 cts. ; for signing and sealing each renewal of
execution, 25 cts.; for entering satisfaction on judgment, 15
cts. ; for filing transcript, 25 cts. ; for taking security for costs,
entering order thereof, if made, 30 cts. ; for recording judg-
ments, $1.00; for recording decrees of foreclosure, partition,
and reports, per copy sheet of ninety words, 6 cts. ; for ad-
ministering oath other than on trial of cause, proof of service
on Sheriff's return, oath to jurors or by order of Court, 10
cts. each ; for taking and filing bonds in attachments, trover,
or in other causes, 50 cts. ; for signing and sealing commission
to examine witnesses, 50 cts. ; for examining each witness de
bene esse, 50 cts.; exemplification of proceedings or other office
copy, per copy sheet of ninety words, 6 cts. ; recording plat
of land under order of the Court, or copy same, 35 cts. ; rule
of survey, 35 cts. ; each official certificate under seal of
Court not herein specified, 30 cts. ; issuing writ of attach-
ment for contempt or other special writ, 50 cts. ; signing
and sealing a writ of habeas facias possessionem, 30 cts.;
receiving and paying over money officially, 2 per cent, if
under $300.00; if over that sum, 2 per cent, for first $300.00
and I per cent, for the balance; on every appeal from Magis-
trate, all services inclusive except for entering up judgment
and issuing execution therein, 50 cts.; on bill nol. prossed
before given out, 50 cts. ; on bill thrown out by grand jury
or found and nol. prossed, abated, discontinued, or struck
off, $1.00; on bill found and verdict by petit jury, $1.50; all
orders for bastardy and taking recognizance, $1.00; issuing
bench warrant, habeas corpus-, scire facias, and each execution
in Sessions, $1.00; for issuing warrants, taking recognizance
or other services in the Sessions as Magistrate ex-oiUcio, same
fees as allowed such officers ; for each writ venire facias, in-
cluding all services incident to summoning juries, $1.50; for
preparing and issuing certificates for grand and petit jurors
and Constables and furnishing returns to County Commission-
ers for each term of the Court of Common Pleas and General
Sessions, $5.00; for filing petitions and signing writ de lunatico
inquirendo, 75 cts. ; for furnishing advertisements in cases
of escheat, exclusive of printer's bill, $1.00; for recording
whole proceedings, $2.00; for license to an attorney, $5.00;
for filing and entering notice of alien's intention to become a
citizen, $1.00; for filing and recording report of alien, $1.00;
for administering oath of intention, $1.00; for filing and enter-
OF SOUTH CAROLINA.
ing application to become a citizen and administering oath,
$i.oo; for giving certificate (over seal of office) of citizenship,
$i.oo; for taking renunciation of dower or inheritance, $2.00;
for every search for a paper found (not to be charged to the
parties or attorney when for papers in a case pending), 15
cts. ; for every search necessary for a certificate that a paper
is not to be found in office, 25 cts. ; for swearing in Magis-
trates or Constables in office, taking Constable's bond and giv-
ing certificates thereof, 50 cts. ; for every probate in writing, 25
cts. ; for signing and sealing dedimus potestatem, 75 cts. ; for of-
ficial certificate to exemplification of record, 50 cts. ; for official
certificate without the seal, 25 cts. ; each day engaged in hold-
ing reference, $1.00; making up retaining report or reference,
but no more than one report in each case, $3.00; for hearing
application for discharge of insolvent debtor, $2.00; for hear-
ing same when litigated, $4.00 ; deed of conveyance or mort-
gage, $1.00; for official notice of estray and filing papers,
$1.00; for recording and copying deeds or other papers, per
copy sheet of ninety words, 6 cts. ; for entering satisfaction on
mortgage, 15 cts.; for recording or copying plats of not more
than six corners, 50 cts. ; and for every corner over six, 5 cts. ;
for granting charter of incorporation, $2.00 ; for granting char-
ter to church, 25 cts. : Provided, further, That nothing con-
tained herein or in any other Section relative to the fees and
costs of his office shall be construed to require the Clerk of the
Court of Common Pleas and General Sessions of Spartanburg
County to demand the payment of his costs and fees in ad-
vance.
Sec. 3110. The Clerk of the Court of Common Pleas and j^ckrkw^es
General Sessions for Orangeburg County shall receive: For County.
signing and sealing summons, thirty-five cents ; for filing com- q^^^' ^ ^ ^■'
plaint, thirty-five cents ; for filing each answer, demurrer or
joinder in demurrer, fifteen cents; for signing and sealing
subpoena writ, thirty-five cents; for docketing cause, one
charge only at each term, ten cents; for attending trial of
a cause, whether civil or criminal, and swearing witnesses,
thirty-five cents ; for entering verdict or other order for
final judgment on minutes of Court, fifteen cents ; for special
order for bail, thirty-five cents ; for filing and entering on
journal every rule or order for arbitration, twenty cents; for
filing affidavit for continuance when ordered by the Judge,
fifteen cents ; for signing, entering and enrolling judgment,
ii84 CIVIL CODE
A. D. 1902.
fifty cents ; for signing and sealing first execution, thirty-five
cents; for signing and sealing each renewal of execution,
fifteen cents; for entering satisfaction on judgment, twenty
cents ; for filing transcript, fifteen cents ; for taking security
for costs, entering order therefor, if made, thirty cents;
for recording judgment, one dollar; for recording decrees
of foreclosure, partition and reports, per copy sheet of ninety
words, six cents; for administering oath other than on trial
of cause, proof of service on Sheriff's return, oath to jurors
or by order of Court, ten cents each; for taking and filing
bond in attachment, trover or in other cases, sixty-five cents ;
for signing and sealing commissions to examine witnesses,
fifty cents ; for examining each witness de bene esse, sixty-
five cents ; exemplification of proceedings or other office copy,
per copy sheet of ninety words, six cents; recording plat of
land under order of Court, or copying same, thirty-five cents ;
rule of survey, thirty cents ; each official certificate under
seal of Court not herein specified, thirty-five cents ; issuing
writ of attachment for contempt, or other special writ, sixty-
five cents ; signing and sealing writ of habeas facias posses-
sionem, thirty-five cents ; receiving and paying over money
officially, one per cent. ; on every appeal from Magistrates,
all services inclusive, except for entering up judgment and
issuing execution therein, sixty-five cents ; in bill nol. pros.
before giving out, sixty-five cents ; on bill thrown out by
grand jury, or found and nol. pros, abated, discontinued or
struck off, one dollar and twenty-five cents ; on bill found
and verdict by petit jury, two dollars; all orders for bastardy
recognizance, sixty-five cents ; issuing bench warrants, writ
of habeas corpus, scire facias, and each execution in Ses-
sions, one dollar ($i.oo) ; for issuing warrant, taking recog-
nizance, or other services in the Session as Magistrate ex
officio, thirty cents (30c.) ; for each writ of venire facias, in-
cluding all services incident to summoning juries, one dol-
lar and twenty-five cents ($1.25) ; for preparing and issuing
certificates for grand and petit jurors and Constables, and
furnishing returns to County Board of Commissioners for
each term of the Court of Common Pleas and General Sessions,
three dollars and twenty-five cents ($3.25) ; for filing peti-
tions and signing zvrit de hmatico inquirendo, sixty cents
(60c.) ; for furnishing advertisements in cases of escheat, ex-
clusive of printer's bill, sixty-five cents (65c.) ; for recording
OF SOUTH CAROLINA.
whole proceedings therein, one dollar and twenty-five cents
($1.25) ; for license to attorney, all services included, three
dollars ($3.00) ; for filing and entering notice of alien's in-
tention to become a citizen, sixty cents (60c.) ; for filing and
recording report of alien, sixty-five cents (6sc.) ; for ad-
ministering oath of intention, sixty-five cents (65c.) ; for filing
and entering application to become a citizen and administering
oath, one dollar ($1.00) ; for giving certificates (over seal
of office) of citizenship, seventy-five cents (75c.) ; for taking
renunciation of dower or inheritance, fifty cents (50c.) ; for
every search for a paper found, not to be charged to the parties
or attorneys when for papers in a case pending, ten cents
(loc.) ; for every search necessary for a certificate that a paper
is not to be found in office, fifteen cents (15c.) ; for swearing
a Magistrate or Constable in office, taking Constables' bonds
and giving certificates thereof, sixty cents (60c.) ; for every
probate in writing, fifteen cents (15c.) ; for signing and seal-
ing dedimns potestatem, sixty-five cents (65c.) ; for official
certificate to exemplification of record, sixty cents (60c.) ; for
official certificate without the seal, fifteen cents (15c.); each
day engaged in holding reference, sixty cents (60c.) ; making
up and returning report on reference, but no more than one
report in each case, two dollars ($2.00) ; for hearing applica-
tion for discharge of insolvent debtors, one dollar and twenty-
five cents ($1.25) ; for hearing the same when litigated, two
dollars and twenty-five cents ($2.25) ; deed of conveyance and
mortgage, one dollar ($1.00) ; for official note of estray and
filing papers, sixty cents (60c.) ; for recording and copying
deeds or other papers, per copy sheet of ninety words, six
cents (6c.) ; for entering satisfaction on mortgage, ten cents
(loc.) ; for recording or copying plats of not more than six
corners, sixty-five cents (65c.) ; and for every corner over six,
six cents (6c.) ; for granting a charter of incorporation, one
dollar ($1.00) ; for granting charter to church, fifty cents
(50c.)
Sec. 3111. The Clerk of the Circuit Court for the County Feesofcierk
ofCourtin
of Pickens shall be entitled to the following fees, to wit : For Pickens Coun-
signing and sealing summons, forty cents ; for filing complaint,
1893, XXL,
forty cents; for filing each answer, demurrer, or jomder m675.
demurrer, twenty cents ; for signing and sealing subpoena writ,
forty cents; for docketing a cause, one charge only at each
term, twelve cents ; for attending the trial of a cause, whether
75--C
CIVIL CODE
civil or criminal, and swearing witnesses, forty cents; for en-
Pieadings. tcring vcrdict or other order for final judgment on the minutes
trfa''L^^THli.^°'' of the Court, twenty cents; for special order for bail, forty
cents ; for filing and entering on the Journal every rule or
order for arbitration, twenty cents ; for filing affidavits for con-
defsf &c!^^ °''' tinuance when ordered by the Judge, twenty cents ; for signing,
entering and enrolling judgment, sixty cents ; for signing and
sealing first execution, forty cents ; for signing and sealing each
and "eie^cSion! renewal of execution, twenty cents ; for filing transcript, twenty
cents ; for entering satisfaction on judgment, twenty cents ; for
taking security for costs, entering order therefor if made, forty
Recording, (.gj^^g . fQj- recording judgment, one dollar and twenty cents ; for
recording decrees of foreclosure, partition and reports, per copy
A d minister- shcct of ninety words, seven cents ; for administering oath other
ing oath. ^Yig^^ on trial of causc, proof of service on Sherifif's return, oath
of jurors, or by order of Court, twelve cents; for taking and
Bonds. filing bonds in attachments, trover, or in other cases, eighty
cents ; for signing and sealing commission to examine wit-
nesses, sixty cents ; for examining each witness de bene
of 'witnesses."" ^sse, eighty cents ; exemplification of proceeding, or other
office copy, per copy sheet of ninety words, seven cents ;
recording plat of land under order of the Court, or
Copy papers, copying the same, forty cents ; rule of survey, forty cents ;
Rule- certifi- ^^^^-^ official Certificate under seal of Court, not herein specified,
^^^- forty cents; issuing writ of attachment for contempt, or other
special writ, eighty cents ; signing and sealing writ of hab. fac.
Writs. possessionem, forty cents ; receiving and paying over money of-
ficially, one and one-half of one per cent, if under three hun-
Commissions ^^^^ dollars ; if over that sum, one and one-half of one per
on money. cent, for the first three hundred dollars and one per cent, for
the balance ; on every appeal from Magistrate, all services in-
Appeai from^^^^^^^' cxccpt for entering up judgments and issuing execu-
Magistrates. tious therein, eighty cents ; on bill nol. pros, before given out,
eighty cents ; on bill thrown out by grand jury, or found and
Fees in Gen- ^^^- P'^os., abated, discontinued, or struck off, one dollar and
•erai Sessions, gixty ccuts ; ou bill fouud, and vcrdict by petit jury, two dollars
and forty cents; all orders for bastardy and taking recogni-
zance, eighty cents ; issuing bench warrant, writ of habeas
corpus, scire facias, and each execution in Sessions, one dollar
and twenty cents ; for issuing warrants, taking recognizance,
or other service in the Sessions, as Magistrate ex officio, same
fees as allowed that officer; for each writ of venire facias, in-
OF SOUTH CAROLINA. 1187
' A. D. 1902.
eluding all services incident to summoning juries, one dollar ^"-'^v^ '
and sixty cents ; for preparing and issuing certificates for . i" matter of
grand and petit jurors and Constables, and furnishing returns
to County Commissioners for each term of the Court of Com-
mon Pleas and General Sessions, four dollars ; for filing pe-
tition and signing writ de lunatico inqiiirendo, eighty cents ;
for furnishing advertisements in cases of escheat, exclusive of • ^^"^ '^^ ^"■^■
printer's bill, eighty cents ; for recording whole proceedings Escheat,
therein, one dollar and sixty cents ; for license to an attorney,
all services included, four dollars ; for filing and entering notice Licenses
of alien's intention to become a citizen, eighty cents ; for filing
and recording report of alien, eighty cents ; for administering Citizenship
oath of intention, eighty cents ; for filing and entering applica-
tion to become a citizen and administering oath, one dollar and
sixty cents ; for giving certificate (over seal of office) of citizen-
ship, eighty cents ; for takiug renunciation of dower or inheri-
tance, one dollar and sixty cents ; for every search for a paper of^lower^'^"*^
found (not to be charged to the parties or attorneys when for Search.
papers in a case pending) , twelve cents ; for every search neces-
sary for a certificate that a paper is not to be found in office,
twenty cents ; for swearing a Magistrate or Constable in office,
taking Constables' bonds and giving certificates thereof, eighty Qualification
cents ; for every probate in writing, twenty cents ; for signing °^ officers.
and sealing dediiuus potestatem, eighty cents ; for official cer- Probates.
tificate to exemplification of record, eighty cents; for official certifi^catef"
certificate without the seal, -twenty cents ; each day engaged in
holding reference, eighty cents ; making up and returning re-
port on reference, but no miore than one report in each case, ^^f^^. ence
two dollars and forty cents ; for hearing application for dis- ^""^ report.
charge for insolvent debtors, one dollar and sixty cents ; for
hearing the same when litigated, three dollars and twenty ^jg^oj" ^3° ^ ^' ^""^
cents ; deed of conveyance, or mortgage, one dollar and sixty
cents ; for recording and copying deeds or other papers, per
copy sheet of ninety words, seven cents ; for entering satis-
faction on a mortgage, twenty cents ; for recording or copying Deeds,
plats of not more than six corners, eighty cents ; and for every ^^^^ ^^ j^^g.
corner over six, eight cents ; for granting charter of incorpora- craveyaM""^
tion, one dollar and sixty cents ; for granting charter to church,
eighty cents.
Sec. 3112. Referees. — Each Referee shall be entitled to re-
ceive for every day occupied in the business of the reference,
Charters.
Referees.
G. S. 242.3; R.
S. 2.S56; 1878,
XVI., 630; 1883,
XX., 31, § 5.
ii88 CIVIL CODE
A. D. 1902.
^^-"^^v^^' the sum of three dollars ; but the parties may agree in writing
upon any other rate of compensation.
^^^ters. Sec. 3113. Masters. — Masters shall be entitled to the follow-
R^'s^' 2557- ^"§^ fees: for every day spent in the business of a reference,
xvii^Hii^^' three dollars ; but the parties may agree in writing on any other
rate of compensation; for making and filing each report in a
cause, three dollars ; swearing' and taking testimony of each
witness produced, twenty-five cents ; he shall be allowed the
same commissions for moneys passing through his hands, by
sales or otherwise, as are now allowed by law to Sheriffs ;
for each appointment of guardian ad litem, two dollars ; for
making and certifying, upon proper application to him, any
order which the Master is authorized to grant, two dollars ;
for taking, transcribing, and filing any bond of guardian, re-
ceiver, or trustee, or any other injunction or ne exeat bond,
three dollars ; for examining and auditing accounts of guar-
dians, receivers, or trustees, one dollar; for granting com-
missions to take testimony of witnesses or answers of absent
defendants, one dollar; for every deed of mortgage prepared
or executed by him, three dollars ; for proceedings on petition
for homestead, five dollars.
■ Half costs in certain cases. — Bryan v. Reams, 37 S. E., 921; 59 S. C, 340.
Masters. Except in Anderson County, where the Master shall receive :
1894, XXI., for every day spent in the business of a reference, two dollars
^^^" and twenty-five cents — but the parties ma}^ agree in writing
on any other rate of compensation ; for making and filing each
report in a cause, two dollars and twenty-five cents ; swearing
and taking testimony of each witness produced, fifteen cents ;
he shall be allowed the same commissions for moneys passed
through his hands by sale or otherwise as are now allowed by
law to Sheriffs ; for each appointment of a guardian ad litem,
one dollar and fifty cents ; for making and certifying, upon
proper application to him, any order which the Master is au-
thorized to grant, one dollar and fifty cents ; for taking, tran-
scribing, and filing any bond, guardian, receiver or trustee, or
any other injunction or ne exeat bond, two dollars and twenty-
five cents ; for auditing and examining accounts of guardians,
receivers or trustees, seventy-five cents ; for granting com-
missions to take testimony of witnesses or answers of ab-
sent delegates, seventy-five cents ; for every deed or mortgage
prepared or executed by him, two dollars and twenty-five cents.
Sec. 3114. Except in Anderson and Orangeburg Counties,
OF SOUTH CAROLINA. 1189
A. D. 1902.
the Probate Judge shall receive: For a citation, fifty cents; ^^^'"v — '
for qualifying executor, administrator, or guardian, issuing Probatejudges.
letters to either and recording such letters, two dollars and „ g. s. 2435;
fifty cents; for taking bond from administrator or guardian i^s s Oe ^'^"■'
and recording same, one dollar; for issuing warrant of ap-
praisement and oath, fifty cents ; for proving a will in common
form and filing and certifying the same, one dollar ; for proving
a will in solemn form and filing and certifying the same, five
dollars; for recording will, probate, and certificate, per copy
sheet of ninety words, nine cents; for filing and entering re-
nunciation of executor, fifty cents; for dedimus potestateni
to prove will or qualify an executor, one dollar ; for recording
each inventory and appraisement of account of sales, each
figure counting for a word, per copy sheet of ninety words,
nine cents ; for receiving, examining, and filing the annual or
final accounts of each administrator, executor, or guardian,
for first year, three dollars ; for each succeeding year, one
dollar; for recording said accounts, per copy sheet of ninety
words, nine cents ; for hearing and filing petition for sale of
personal estate and order, one dollar; for hearing and filing
petition for guardianship and appointment of guardian or
guardian ad litem, one dollar ; for entering a caveat or with-
drawing the same, fifty cents ; for hearing every litigated case,
three dollars for each day engaged, not to exceed twelve dollars
in any one case; for swearing and examining each witness,
fifteen cents; for certifying copy of any paper on file in his
office, fifty cents; for copying such paper, per copy sheet of
ninety words, nine cents ; for every rule issued against default-
ing witness or party failing to account, two dollars ; for every
attachment issued on the return of such rule, one dollar ; for
furnishing and certifying copy of proceedings in case of appeal,
three dollars ; for every search, fifteen cents ; for every cer-
tificate not hereinbefore specified, twenty-five cents ; for hear-
ing petition to sell real estate in aid of assets and granting
order therefor, two dollars ; for taking administrator's or exe-
cutor's bond, in each case, one dollar; for final discharge of
executor, administrator, or guardian, two dollars ; for pro-
ceedings in dower, inclusive of all charges, where the amount
is under two hundred dollars, five dollars ; when over that
amount, ten dollars ; for proceedings in lunacy, ten dollars :
Provided, Where proceedings in lunacy are only had by cer-
tificate of physicians, three dollars ; for proceedings and ser-
CIVIL CODE
1898, XXII.
696.
Special p r o-
visions fees
Probate Judge
in A n d erson
County.
1894,
932.
X X I.,
vices setting- off homestead, including titles, five dollars : Pro-
vided, That in case the amount of estate in the Probate Court
does not exceed two hundred and fifty dollars, the costs to be
taxed on the case shall not exceed one-half of the amount above
allowed ; receiving and paying over money dfficially, two per
cent., if under three hundred dollars ; if over that sum, two
per cent, for the first three hundred dollars, and one per cent,
for the balance: Provided, further, That the Probate Judge of
Horry County shall receive, in addition to the fees of his office,
the sum of one hundred dollars, payable quarterly, on the war-
rant of the County Supervisor: Provided, further, That the
Judge of Probate of Spartanburg County shall not charge or
receive more than one-fourth of the fees hereinbefore fixed
and allowed when the value of the personal estate of any de-
ceased person, or any infant, lunatic or other ward or cestuique
trust in the hands of his personal representative or of his guar-
dian, committee or other trustee is more than one hundred
dollars and less than two hundred dollars, and when the value
of such estate is more' than one thousand dollars he may add
twenty-five per cent, to said costs and fees.
Sec. 3115. In Anderson County the Probate Judge shall re-
ceive : for a citation, forty cents ; for qualifying executor, ad-
ministrator or guardian, issuing letters to either and recording
such letters, two dollars ; for taking bond from administrator
to guardian and recording same, seventy-five cents ; for issuing
warrant of appraisement and oath, forty cents ; for proving a
will in common form and filing and certifying the same,
seventy-five cents ; for proving a will in solemn form and filing
and certifying the same, four dollars ; for recording will, pro-
bate and certificate, per copy sheet of one hundred words, eight
cents; for filing and entering renunciation of executor, forty
cents ; for dediinus potestatem to prove will or qualify as execu-
tor, seventy-five cents ; for recording each inventory and ap-
praisement of account of sales, each figure counting for a
word, per copy sheet of one hundred words, eight cents ; for
receiving, examining and filing the annual or final accounts
of each administrator, executor or guardian, for first year,
two dollars ; for each succeeding year, one dollar ; for recording
said accounts, per copy sheet of one hundred words, ten cents ;
for hearing and filing petition for sale of personal estate and
order, seventy-five cents ; for hearing and filing petition for
guardianship and appointment of guardian or guardian ad
OF SOUTH CAROLINA.
litem, seventy-five cents ; for entering a caveat or withdrav^ing
the same, forty cents; for hearing every Htigated case, two
dollars for each day engaged, not to exceed ten dollars in any
one case ; for swearing and exafnining each witness, ten cents ; *
for certifying copy of any paper on file in his office, fifty
cents ; for copying such paper, per copy sheet of one hundred
words, eight cents; for every rule issued against defaulting
witness or party failing to account, one dollar; for every at-
tachment issued on the return of such rule, seventy-five cents ;
for furnishing and certifying copy of proceedings in case of
appeal, two dollars; for every such, fifteen cents; for every
certificate not hereinbefore specified, twenty-five cents; for
hearing petitions to sell real estate in aid of assets and granting
order therefor, two dollars ; for taking administrator's or exe-
cutor's bond, in each case, seventy-five cents; for final dis-
charge of executor, administrator or guardian, two dollars;
for proceedings in dower, inclusive of all charges, where the
amount is under two hundred dollars, five dollars ; when over
that amount, ten dollars; for proceedings in lunacy, five dol-
lars : Provided, Where proceedings in lunacy are only had by
certificate of physician, three dollars ; for proceedings and ser-
vices setting off homesteads, including titles, five dollars : Pro-
vided, That in case the amount of estate in the Probate Court
does not exceed two hundred and fifty dollars the cost to be
taxed on the case shall not exceed one-half of the amount
above allowed. Receiving and paymg over money officially,
two per cent., if under three hundred dollars ; if over that sum,
two per cent, for the first three hundred dollars, and one per
cent, for the balance.
Sec. 3116. In Orangeburg County the Probate Judge shall judg'e' in° 6r^
receive: for a citation, forty cents; for qualifying executor, ad-.''"^'' "'^t °"
- - -- 1894, X X I.,
ministrator or guardian, issuing letters to either, or recording 993.'
such letters, one dollar and seventy-five cents ; for taking bond
from administrator or guardian and recording same, seventy-
five cents ; for issuing warrants of appraisement and oath, forty
cents ; for proving a will in common form and filing and cer-
tifying the same, seventy-five cents; for proving a will in
solemn form and filing and certifying the same, three dollars
and fifty cents ; for recording will, probate and certificate, per
copy sheet of ninety words, seven cents ; for filing and entering
renunciation of executor, forty cents ; for dedimiis potestatem
to prove will or qualify as executor, seventy-five cents; for
CIVIL CODE
recording each inventory and appraisement of account of sales,
each figure counting for a word, per copy sheet of ninety
words, seven cents ; for receiving, examining and fihng the
* annual or final account of each administrator, executor or guar-
dian, for first year, two dollars and twenty-five cents ; for each
succeeding year, seventy-five cents ; for recording said account,
per copy sheet of ninety words, seven cents ; for hearing and
filing petition for sale of personal estate or order, seventy-five
cents ; for hearing and filing petition for guardianship and ap-
pointment of guardian or guardians ad litem, seventy-five
cents; for entering a caveat or withdrawing the same, thirty-
five cents; for hearing every litigated case, two dollars and
twenty-five cents for each day engaged, not to exceed ten dol-
lars in any one case ; for swearing and examining each witness,
thirty-five cents ; for certifying copy of any paper on file in his
office, thirty-five cents ; for copying such paper, per copy sheet
of ninety words, seven cents; for every rule issued against
defaulting witness or party failing to account, one dollar and
fifty cents ; for every attachment issued on the return of such
rule, seventy-five cents ; for furnishing and certifying copy
proceedings in case of appeal, two dollars and twenty-five
cents ; for every search, ten cents ; for every certificate not
hereinbefore specified, twenty cents ; for hearing petition to sell
real estate in aid of assets and granting order therefor, one
dollar and fifty cents ; for taking administrator's or executor's
bond, in each case seventy-five cents ; for final discharge of
executor, administrator or guardian, one dollar and fifty cents ;
for proceedings in dower, inclusive of all charges, where the
amount is under two hundred dollars, three dollars and
seventy-five cents ; when over that amount, seven dollars and
fifty cents ; for proceedings in lunacy, seven dollars and fifty
cents : Provided, Where proceedings in lunacy are only had by
certificate of physician, two dollars and twenty-five cents ;
receiving and paying over money officially, one and one-half
per cent., if under three hundred dollars ; if over that sum,
one and one-half per cent, for first three hundred dollars and
one per cent, for balance.
fees '^ for *^Pro- ^^ addition to the foregoing fees, the said Probate Judge
bate Judge. shall receive : for every day spent in the business of a refer-
976^^*' ^ ^ ^" ^^^^' one and one-half dollars ; for making and filing each
report in a cause, one and one-half dollars ; for moneys passing
through his hands, by sale or otherwise, he shall be allowed
OF SOUTH CAROLINA.
the same commissions as are now allowed to Sheriffs for said
County; for each appointment of guardian ad litem, one dol-
lar ; for making and certifying, upon proper application to him,
any order which the Master is authorized to grant, one dollar ;
for taking, transcribing and filing any bond of guardian, re-
ceiver or trustee, or any other injunction or ne exeat bonds, one
and one-half dollars ; for examining and auditing accounts of
guardians, receivers or trustees, fifty cents ; for granting com-
missions to take testimony of witnesses or answers of absent
defendants, fifty cents ; for every deed or mortgage prepared
or executed by him, one and one-half dollars.
Sec. 3117. Magistrates. — Oath and warrant in criminal ^!!f!!!!!!!L
case, forty cents; each recognizance, forty cents; taking bond 996; isso.xvii!
in proceedings for claim and delivery of personal property,xvii , iocs. '
and in attachment proceedings, fifty cents ; each commitment
and release, twenty cents ; administering and certifying oath in
writing, other than above, thirty cents ; issuing writ of habeas
corpus, to the two Magistrates jointly, one dollar and fifty
cents ; issuing summons and copy for defendant in civil cases,
thirty-five cents ; issuing summons for witnesses in any civil
case, twenty cents ; taking examination of witnesses in writing
in any case, as prescribed by law, fifty cents ; for giving
judgment on hearing litigated case, twenty-five cents ; for
giving judgment in case not defended, twenty cents ; for issuing
execution or renewal, twenty-five cents ; report of case and
taking bond to appeal, sixty cents ; for making transcript of
judgment to Court of Common Pleas, twenty-five cents;
issuing attachment returnable to Court or to Magistrate, in-
cluding all notices, one dollar; filing return of garnishee and
order thereon, fifteen cents ; proceedings on behalf of land-
lord or lessor against tenant or lessee, to the two Magistrates,
five dollars ; proceedings on certifying indenture of apprentice
or assignment, one dollar; for the trial of any criminal case,
inclusive of all costs, except for issuing papers, one dollar;
for every preliminary examination of any criminal case, fifty
cents ; proceedings on Coroner's inquest as prescribed by law,
eight dollars and fifty cents, except in Orangeburg County,
where the Magistrate shall receive only three dollars ; proceed-
ings on estray horse or mule, fifty cents ; proceedings on all
other estrays, each fifteen cents ; taking and certifying renuncia-
ton of dower, two dollars ; granting order for special bail, fifty
cents ; for qualifying each appraiser in setting off homestead.
CIVIL CODE
besides five cents per mile for all travel actually necessary,
twenty-five cents; issuing summons for jurors in a criminal
case, twenty-one cents.
Payment of Magistrates' fees see Sec. 805.
Sheriff's fees. ggg_ 3118. Sheriffs. — Except in Anderson and Orangeburg
s.*^'256i^^^is^; Counties : For entering every writ, summons, process, execu-
XXII., 740. . |.j|qj^ qj. Q^j^g]- paper in writ or execution book, and making
endorsements thereon, twenty-five cents ;
Does not apply to warrants issued by Magistrates. — Lancaster v. Barnwell Co.,
40 S. C, 446; ig S. E., 74.
For serving every writ, summons, notice or rule, not otherwise
herein specified, besides mileage, one dollar; mileage from
court house to defendant or witness's residence, or place
where found, going and returning each way, per mile, five
cents ; commitment and release of prisoner, each, fifty cents ;
conveying lunatics to the asylum, two dollars per day and
actual necessar}^ expenses : Provided, The Sheriff may, in ex-
treme cases, call not more than two Constables, and be allowed
therefor one dollar per day and actual expenses ; issuing each
venire for grand jury, fifteen dollars ; serving each venire
for petit jurors, twenty-five dollars; serving subpoena writ, and
mileage on each ticket, fifty cents ; serving bench or other war-
rants scire facias from the Court of Sessions, or writ of attach-
ment for contempt, besides mileage, one dollar and fifty cents;
search for persons or goods not found and return on the execu-
tion of non est inventus or nulla bona, fifty cents.
Does not apply to process from a Magistrate's Court. — Green v. Anderson Co.,
56 S. C, 411; 34 S. E., 691; Whittle V. Saluda Co., 56 S. C, 506; 35 S. E., 203.
Each execution returned to Clerk's office on schedule, twenty-
five cents ; levying executions or attachments, besides mileage,
one dollar; dieting prisoners in jail, per day, thirty cents; exe-
cuting convict, including all charges and expenses, twenty
dollars ; bringing up prisoner under habeas corpus, to be paid
by prisoner, if able (if not, by the County), besides mileage
and necessary expenses, one dollar; conveying prisoner from
one place to another, for every mile, going and returning,
besides all necessary expenses, six cents; commissions, on all
moneys collected by him, if under three hundred dollars, two
per cent. ; if over that sum, two per cent, for the first three
hundred dollars and one per cent, for the balance, and one-
half of one per cent, on all sums paid to plaintiff, his agent
or attorney, on execution lodged with the Sheriff; execution
lodged to bind, with order not to levy, fifty cents ; for adver-
OF SOUTH CAROLINA.
tising defendant's property, in addition to printer's bill, one
dollar ; drawing and executing a deed of conveyance or taking
a mortgage, two dollars ; drawing and executing each bill of
sale, when required by purchaser, two dollars ; no Sheriff shall
charge more than one bill of sale for property bought at the
same sale by the same party; for executing a writ of habere
facias possessionem, besides mileage, one dollar'; transferring
money, bonds or other securities for money to party, one-half
of one per cent. ; for selling land under decree of Court, in lieu
of commissions and all other charges, except for advertising,
two dollars ;
Applies only to cases where the Sheriff acts merely as auctioneer. — Williams v.
McLendon, 44 S. C, 174; 21 S. E., 616. See also Sec. 867, ante.
For serving notice on each set of managers of election, be-
sides mileage, one dollar; summoning freeholders to try sug-
gestions of fraud, five dollars ; for every fine paid before levy,
fifty cents ; for every fine paid after levy and before sale, one
dollar ; for the- service or execution of papers issued by a
Magistrate, the Sheriff or his deputy serving or executing
the same shall be allowed the same fees as are allowed to Con-
stables :
Allowed one dollar for executing warrant on all witnesses named in it, not
one dollar for arrest of each witness. — Whittle v. Saluda Co., supra. Lancaster v.
Barnwell County, supra. Where process was executed in several cases on one trip,
mileage allowed in each case. — Green v. Anderson Co., 56 S. C, 411; 34 S. E., 691.
Provided, That the Sheriff of Charleston and Aiken Counties chfrksfon^and
shall receive for dieting prisoners in jail, per day, twenty-five ;tes.^" °"'^"
cents only : Provided, further. That in Barnwell County the Bamweii Co.
Sheriff shall receive no fees or costs for dieting prisoners. 1894, x x i.,
971, § 4.
See Sec. 781 ante and note as to fees for dieting prisoners. See Sec. 116, com-
missions for renting forfeited lands. See Sec. 422, fees for executing ta.x execu-
tions.
Sec. 3119. In Anderson County the Sheriff shall receive : colJ of sii"r-
For entering every writ, summons, process, execution or other county" "^^'^
paper in writ or execution book, and making endorsements 1394^ xxi.
thereon, twenty-five cents ; for serving every writ, summons,
notice or rule not otherwise herein specified, besides mileage,
one dollar ; mileage from court house to defendant's or witness'
residence or place where found, going but not returning, per
mile, five cents ; commitment and release of prisoner, each fifty
cents; issuing each venire for grand jury, fifteen dollars;
serving each venire for petit jurors, twenty-five dollars;
serving subpoena writ and mileage on each ticket, fifty cents;
serving bench or other warrants, scire facias from the Court
of Sessions, or writ of attachments for contempt, besides mile-
CIVIL CODE
age, one dollar and fifty cents ; search for person or goods not
found and return on the execution of non est inventus or nulla
bona, fifty cents ; each execution returned to Clerk's office on
schedule, twenty-five cents ; levying executions or attachments,
besides mileage, one dollar; dieting prisoners in jail, per
day, thirty-five cents ; executing convict, including all charges
for burying and other expenses, twenty dollars ; bringing up
prisoner under habeas corpus, to be paid by prisoner, if able
(if not, by the County), besides mileage and necessary ex-
penses, one dollar; conveying prisoner from one place to an-
other, for every mile going and returning, besides all neces-
sary expenses, six cents ; commissions on all moneys collected
by him, if under three hundred dollars, two per cent. ; if over
that sum, two per cent, for the first three hundred dollars, and
one per cent, for the balance, and one-half of one per cent,
on all sums paid to plaintiffs as agent or attorney on execution
lodged with the Sheriff; execution lodged to bind, with order
not to levy, fifty cents ; for advertising defendant's property,
in addition to printer's bill, one dollar; drawing and executing
a deed of conveyance or taking mortgage, two dollars ; drawing
and executing each bill of sale when required by purchaser,
two dollars. No Sheriff shall charge more than one bill of
sale for property bought at the same sale by the same party.
For executing a writ of habere facias possessionem, besides
mileage, one dollar ; transferring money, bonds or other se-
curities for money to party, one-half of one per cent. ; for sell-
ing land under decree of Court, in lieu of commissions and all
other charges, except for advertising, two dollars ; for serving
notice on each set of Managers of Elections, besides mileage,
one dollar ; summoning freeholders to try suggestions of fraud,
five dollars ; for every fine paid before levy, five cents ; for
every fine paid after levy and before sale, one dollar.
Sheriff 'in ^or- ^^^' ^^^O. In Orangcburg County the Sheriff shall receive:
angeburg Co. Por entering every writ, summons, process, execution, or other
994.^^*' "^ "^ ^" paper, in writ or execution book, and making endorsements
thereon, fifteen cents ; for serving every writ, summons, notice
or rule, not otherwise herein specified, besides mileage, sixty-
five cents ; mileage from court house to defendants' or wit-
nesses' residence or place where found, going and returning,
each way, per mile, three cents ; commitment and release of
prisoners, each, thirty-five cents; conveying lunatics to the
State Hospital for the Insane, one dollar and forty
OF SOUTH CAROLINA.
cents per day and actual necessary expenses : Provided,
The Sheriff may, in extreme cases, call not more than
two Constables, and be allowed therefor seventy-five
cents per day and actual expenses ; issuing each venire
for grand jury, ten dollars; serving each venire for
petit jurors, sixteen dollars; serving subpoena writ, and mile-
age on each ticket, thirty-five cents ; serving bench or other
warrants, scire facias from the Court of Sessions, or writ of
attachment for contempt, besides mileage, one dollar ; search
for persons or goods not found and returned on the execution
of non est inventus, or nulla bona, thirty-five cents ; each exe-
cution returned to Clerk's office on schedule, fifteen cents ;
levying executions or attachments, besides mileage, sixty-five
cents; dieting of prisoners in jail, per day, twenty cents; exe-
cuting convicts, including all charges and expenses, fifteen dol-
lars ; bringing up prisoners under habeas corpus, to be paid
by prisoners, if able (if not, by the County), besides mileage
and necessary expenses, seventy-five cents ; conveying pris-
oners from one place to another, for every mile going and
returning, besides all necessary expenses, four cents ; com-
mission on all moneys collected by him, if under three hun-
dred dollars, one and a half per cent. ; if over that sum, one
and a half per cent, for the first three hundred dollars and
two-thirds of one per cent, for the balance, and one-third of
one per cent, on all sums paid to plaintiff, his agent or at-
torney, on execution lodged with the Sheriff ; execution lodged
to bind, with order not to levy, thirty-five cents ; for adver-
tising defendant's property, in addition to printer's bill, sixty-
five cents ; drawing and executing a deed of conveyance or
taking a mortgage, one dollar and thirty-five cents ; drawing
and executing each bill of sale when required by purchaser,
one dollar and thirty-five cents. The Sheriff shall not charge
more than one bill of sale for property bought at the same
sale by the same party. For executing a writ of habere facias
possessionem, besides mileage, sixty-five cents; transferring
money, bonds or other securities for money to party, one-third
of one per cent. ; for selling land under decree of Court, in
lieu of commission and all other charges, except for adver-
tising, one dollar and thirty-five cents; for serving notice on
each set of Managers of Election, besides mileage, sixty-five
cents ; summoning freeholders to try suggestions of fraud,
three dollars and a half ; for every fine paid before levy, thirty-
CIVIL CODE
five cents ; for every fine paid after lev}^ and before sale, sixty-
five cents ; for the service of execution of papers issued by a
Magistrate, the Sheriff or his deputy serving or executing
the same shall be allowed the same fees as are allowed to
Constables.
Salary of 2. The Sheriff of Orangeburg County shall receive a salary
angeburg Co. of One thousaud scvcn hundred and fifty dollars (1,750) per
1898, XXII., annum in lieu of all fees in criminal cases, not including the
dieting fees of prisoners, and five cents per mile each way for
traveling expenses outside of the limits of said County.
paid. The salary prescribed by this Section shall be paid quarterly
in four equal instalments, upon the warrants of the County
Supervisor.
fees° " ^*^'^^"' ^^^' 3121. Constables. — Summoning witnesses in a civil or
G. s. 2438; R. Criminal case, twenty-five cents ; for summoning freeholders
xviiL,' iM^'^' to ^O" question before Magistrate between landlord and tenant,
to be paid by unsuccessful party, three dollars ; for summoning
Coroner's jury and witnesses, to be paid by the County, two
dollars; for summoning jury in Magistrate's Court, in civil
or criminal cases, twenty cents each ; for serving a summons,
rule or notice by a Magistrate, in a civil case, fifty cents, five
cents a mile going and returning ; for serving attachment on
persons absconding or about to abscond, and making inven-
tory and return, besides commissions of five per cent, on sale
of effects, but no mileage, one dollar ; for selling estray, five per
cent, on the proceeds ; for levying execution, advertising sale
and paying over proceeds, besides commissions at five per
cent, on amount to be collected, but no mileage, to be paid by
the defendant in execution, twenty cents ; for every day in
search for stolen goods, to be paid by party complaining, one
dollar; for serving warrant in any criminal case, upon each
person included in said warrant, besides five cents a mile for
each mile necessarily traveled, one dollar; for serving warrant
for witnesses in any criminal case, upon all the persons in-
cluded in said warrant, besides five cents a mile for each mile
necessarily traveled, one dollar ;
Green v. Anderson Co., 56 S. C, 411; 34 S. E., 691; Whittle v. Saluda Co.,
56 S. C, 506; 35 S. E., 203; Lancaster v. Barnwell Co., 40 S. C, 446; 19 S. E., 74.
Proviso. For conveying prisoners to County jail, five cents per mile
going and returning: Provided, That the Constables be reim-
bursed for necessary ferriage.
OF SOUTH CAROLINA. 1199
~~" A. D. 1902.
Sec. 3122. In Anderson County, Constables shall receive the ^"-^ — '
following fees : Summoninp- witnesses in a civil case, twentv . ^ °-" stables'
' •' fees m Ander-
cents; for summoning freeholders to try questions before ^^"^ County.
Magistrates between landlord and tenant, to be paid by unsuc- ^^f''^^' xxii.,
cessful party, three dollars; for summoning Coroner's jury
and witnesses, to be paid by the County, two dollars ; for serv-
ing a summons, rule or notice by a Magistrate in a civil case,
no mileage to be allowed, fifty cents; for serving attachment
on persons absconding or about to abscond, and making in-
ventory and returns, besides commissions of five per cent, on
sales of effects, but no mileage, one dollar; for selling estray,
five per cent, on the proceeds ; for levying executions, adver-
tising sale and paying over proceeds, besides commissions at
five per cent, on amount to be collected, but no mileage, to be
paid by the defendant in execution, twenty cents ; for every
day in search for stolen goods, to be paid by party complaining,
one dollar; for serving warrant in any criminal case, besides
five cents a mile for each mile necessarily traveled, one dollar ;
for arrest of witnesses in any case to be tried before Magis-
trate, or for preliminary examination before a Magistrate,
besides mileage, one dollar.
Sec. 3123. Notaries Public— For taking deposition and taf/ PuWics^°'
swearing witness, per copy sheet, twenty-five cents ; for dupli- g. s. 2440 ; r.
cate of deposition, protest and certificate, per copy sheet of onexxii.fbg!^^^'
hundred words, ten cents ; for each attendance upon any person
for proving a matter or thing and certifying the same, fifty
cents ; for every notarial certificate, with seal, fifty cents ; for
administering oath on affidavit, twenty-five cents; for taking
renunciation of dower or inheritance, one dollar; for every
protest, fifty cents, together with the cost of postage for trans-
mitting notice thereof.
Sec. 3124. Coroners. — For every inquisition, ten dollars, ex- Coroners,
cept in Orangeburg County, where the fee shall be six dol- ^c. s. 2441; r.
1 1 /- 1 11 1 11 1 ^- 2565; 1878,
lars; the Coroner shall be allowed no other cost or charges ex- xvi., eso, §15;
^ r ,. ^ ,. ,. . 1S94,XXI., 934.
cept tor recordmg; for recording proceedings m each inqui-
sition in his book, per copy sheet of one hundred words, ten
cents; for performing duties of Sheriff, same fees as are al-
lowed Sheriff for like services.
Sec. 3125. Physicians in this State shall be paid the follow- .ii^es of phy-
, . ■■■ sicians for post
mg fees for post mortem examinations and testifvine at Cor-™°'''e'^ exami-
^ & nations.
oners inquests : For a post mortem examination and testifying, ^ g ^^^^_ ^
when no dissection is required, five dollars; when dissection S-^see; "ime,
X X 1 1., 256;
1901, XXIII.,
735.
1200 CIVIL CODE
A. D. 1902.
is necessary and the body not interred, if requested by the
Coroner's jury, ten dollars ; for same after interment for three
days or more, fifteen dollars ; for chemical analysis, a sum not
exceeding- forty dollars and expenses for such analysis; and
when chemical analysis has been made, the chemist who makes
it must furnish to the County Board of Commissioners, with
his account, a full statement of the analysis. The Clerk of
the County Board of Commissioners shall verify and file with
the Clerk of Court of General Sessions a copy of such state-
ment of analysis and account,
how' pro™en.°'^' The account of claim for the services herein named shall
be certified to by the Coroner, and if dissection is made it shall
be certified that it was done at the request of the jury.
Payment of Sees. 794 and 796, ante.
nesses.^'^* ^''' Physiciaus and surgeons bound over or summoned by the
^^^ 55^~ State to testify as experts in any case in the Court of Gen-
970,' §^2.*' ■^^^' ^^^^ Sessions, or actually bound over at the instance of the de-
fendant to testify as experts in any case of felony in the Court
of General Sessions, shall receive as compensation therefor,
to be paid by the County in which the case is tried, the sum
of five dollars, except in Barnwell and Williamsburg Counties,
where they shall receive two dollars, in addition to the fees
provided by law to be paid to other witnesses in such cases :
Provided, That the Circuit Judge before whom the case is tried
shall certify that the testimony of such expert is material.
veyors"*^ ^"'" Scc. 3126. Deputy Surveyors. — For surveying every acre of
G. s. 2443; land, one cent; for making out a fair plat, certifying, signing,
mi, v., 15a' and returning the same, two dollars and fourteen cents; for
running old lines for any person, or between parties, or by
order of Court, while they are on the survey, per day, three
dollars.
ditors""*^ ^"' Sec. 3127. County Auditors. — For every entry and endorse-
G. s. 2444; mcut On any deed of conveyance of real property recorded in
1871, xivf 621^ fiis office, twenty-five cents.
^ ■^' ^ ■*■ Sec. 3128. Appraisers, &c. — Appraisers to appraise the es-
Appraisers. ^^^^ ^^ deceased persons, one dollar per day; appraisers to set
R.^'s.^'2.5^6*8| out the hqmestead, two dollars per day; commissioners in
§^6^ 1839',' xl! dower, or in partition, each one dollar and fifty cents per day.
xiw.M ff.' Sec. 3129. If any officer herein named shall charge any other
No other costs f gg qj- f ggg for any scrviccs herein recited, such officer shall
or fees allowed -^
-— ; — ^ „,,, be liable to forfeit ten times the amount as improperly charged,
G. o. 244d; _ i i ./ <j
^- 5;,rT^^!,^' to be recovered by suit in the Court of Common Pleas, or at-
1878, XVI., 631, •'
§ 17.
OF SOUTH CAROLINA. 1201
A. D. 1902.
tachment, or by sale, when the penalty does not exceed twenty ^^^^v '
dollars. In any case in which the Clerk of the Court of Com-
mon Pleas, or a Magistrate, shall issue an execution, he shall
attach thereto a bill of each item of costs therein charged, and
shall, on application of defendant in execution, tax all costs
which accrue to the Sheriff for services on such execution.
Dean v. Todd, 49 S. C, 461; 2^ S. E., 471; Tinsley v. Kirby, 8 S. C, 113.
Sec. 3130. Witnesses.— \xi Courts of Common Pleas and i„witnes^sj^ees
Judge of Probate, one dollar for every day's attendance on
summons, besides five cents per mile for coming to Court and
returning by the shortest practical route, and ferriage, to be
paid by the person or persons at whose suit he is summoned.
In Magistrates' Courts in civil cases, fifty cents per day for
each day's attendance and the same mileage as is allowed in
Circuit Courts.
Sec. 3131. No fees or other compensation shall be allowed ^^wnnesses^
any witness bound over or summoned to testify in any "^i cases.
case in the Court of General Sessions, unless the Circuit Judge ^^i ^ 7 s^ xvl,
who tried the cause in which the witness was summoned shall x^^n^'^j^j^^^;
certify that such witness was material; and in that case thei75j^i894,^xxi,
witness shall be allowed fifty cents, except in Lancaster County, ^xii, lo^ 1894,
where they shall be allowed one dollar, for each day of at-
tendance, and five cents per mile, one way, for necessary travel,
besides the ferriage they are required to pay in attending the
Court: Provided, however, That in ]\Iagistrates' Courts they
shall receive no fees or compensation whatever for attendance
in criminal cases. In Charleston and Berkeley Counties they
shall be paid fifty cents per day for every day's attendance
upon the Court of General Sessions and five cents for every
mile necessarily traveled in going and returning from Court:
Provided, further. That no per diem shall be paid to any wit-
ness who is in receipt of a salary or per diem compensation
from the State, or any County, town or city thereof ; and in no
case shall any witness receive more than five cents for every
mile necessarily traveled, or more than fifty cents per diem,
though attending Court or testifying in more cases than one.
Defendant's witnesses are to be paid in cases of felony only. — See Criminal Code.
To be paid by county, in what cases. — Sec. 794, ante. Commissions of County
Treasurers. — Sec. 395, ante. Fees for issuing tax executions. — Sec. 422, ante.
Sec. 3132. The Auditor of the County of Bamberg shall re- coully'oiJrl
ceive from the Treasurer of the State an annual salary of six Q,unt^ ^^^^
hundred dollars, and from the funds of said County of Bam- ^gg^^ xxii.,
berg he shall receive an annual salary of one hundred dollars, ^^^jj^ 869.*^^'
76— C.
I202 CIVIL CODE
A. D. 1902.
'"^'■^^'^ ' The Treasurer of the County of Bamberg shall receive from
the State Treasurer the same commissions allowed to other
County Treasurers, and from the treasury of the County of
Bamberg the same commissions as are now provided by law
for the County of Barnwell.
The Clerk of the Court shall receive, in lieu of all costs and
fees in criminal cases, the sum of one hundred and fifty dol-
lars and such costs as are now provided by law for all civil
business. The Sheriff of Bamberg County shall receive, in
lieu of all costs and fees in criminal cases, and for all work
within the County, the sum of five hundred dollars,
c ^mplns^atkin ^^ addition to the salary fixed for the Sheriff of Bamberg
for Sheriff. Coutlty, hc shall be entitled and be paid the sum of one hundred
and fifty dollars for keeping the jail and providing for the wel-
fare of the prisoners confined in the County jail; said sum to
be in full compensation for cooking and otherwise attending to
said jail.
The Coroner shall annually receive the sum of one hundred
dollars, in lieu of all costs, fines, fees, &c. The Supervisor of
the County of Bamberg shall receive an annual salary of six
hundred dollars.
All officers of the County of Bamberg receiving salaries in
lieu of costs and fees shall collect such fees and costs and turn
the same into the treasury of the County, and each officer shall
duly make out and file with the Supervisor of the County, on
or before the second Wednesday of the following month
hereafter, an itemized statement of the costs and disbursements
of his office, and said statement shall be a public record.
Certain offi- Scc. 3133. The Countv officers of Berkelev Countv shall re-
cers m Berke- .....
ley County to ccivc, m licu of all costs, commissions, chargfes and fees, an-
receive salar- ' o '
ies instead of nual Salaries as follows, to wit, i. e. : Clerk of Court of Corn-
fees.
1S94 x.xii "^°" Pleas and General Sessions, besides the fees now allowed
9^s_^ j'j.i8 9_|; him by law as Register of Mesne Conveyance, four hundred
1S99, XXIII.', dollars ; the Sheriff', eight hundred dollars, besides five cents
per mile for every mile actually and necessarily traveled by
him or his deputy in the collection of tax executions when the
same is collected from the defaulting taxpayers ; the Auditor,
eight hundred dollars, including all allowances for clerical
help, provided he pays into the County treasury such com-
missions as he may now be entitled to from the State, so that
his total compensation shall not exceed eight hundred dollars ;
the Treasurer, nine hundred dollars, including all allowances
OF SOUTH CAROLINA.
for clerks and deputies, provided he pays into the County treas-
ury such commissions as he may be entitled to from the State,
so that his total compensation shall be nine hundred dollars ;
the Judge of Probate, two hundred dollars ; the Coroner, fifty
dollars ; Deputy Coroner, and Magistrate acting as Coroner,
five dollars for each inquest, one dollar of which shall be paid
the Coroner; the County Superintendent of Education, three
hundred dollars ; the County Supervisor, five hundred dollars :
Provided, That nothing in this Section shall be construed to
deprive the Sheriff of such fees derived from civil business as
now prescribed by law.
The Act of 1900, XXIII., 294, held unconstitutional in Nance v. Anderson Co.,
60 S. C, 501; 39 S. E., 5.
Sec. 3134. The compensation of the Clerk of Court of Beau- Saiary cierk
fort County for services rendered by him in the Court of Gen- forf County^"
eral Sessions, and in connection with criminal cases, shall be isgs, xxii.,
four hundred dollars in lieu of all fees. The commissions of xxiii.,^301.*^ '
the Treasurer of Beaufort County for the present and ensuing compensation
fiscal years shall be, by way of compensation, not less than°f Bea^u'fort
seven hundred dollars nor more than one thousand dollars per bounty.
annum, to be computed upon the percentage now prescribed gyl^^^' ■^•^^^•'
by law.
Sec. 3135. The following named officers in Barnwell County shfriff,"lupe°r-
shall receive the following salaries, in lieu of all charges for co°nty*^^ Board
services for said County by them, respectively, which salaries °io^ers,™aerks
shall be paid to them monthly, on the warrant of the County oner,°"T'r ea*^-
Supervisor, to wit: The Sheriff of the County of Barn- f^'^i' s'^perin'
well shall receive as his salary, in lieu of all costs and fees inu^clTion^of
criminal cases, fifteen hundred dollars, the same to include all Bamweii Co.
compensation for services as Jailor, cooking for prisoners and 347 f ^1900,'^^;,'
all other duties now provided by law and imposed upon him. xxni.,^ m^ '
The Supervisor shall receive in full of all charges the sum
of eight hundred dollars. The Clerk of the Board of the
County Commissioners shall receive as his salary four hundred
dollars, and shall also act as the Clerk of the County Board of
Control, without additional compensation ; said salary shall be
in lieu of all costs, charges and fees. The Coroner shall re-
ceive the sum of two hundred and fifty dollars, in lieu of all
costs, fees and charges, and he shall fill the office and perform
the duties of overseer or superintendent of the poor, and be in
charge of the poor house, without additional compensation, ex-
cept that he shall have the use of the house now occupied by
CIVIL CODE
that officer. The Clerk of the Court shall receive the sum of
four hundred dollars, in lieu of all fees, costs and charges on
the criminal side of the Court. The County Treasurer, three
hundred and fifty dollars ; the Clerk of the County Treasurer,
one hundred dollars ; the County Auditor, four hundred dol-
lars ; the County Superintendent of Education, three hundred
dollars, and one hundred dollars for traveling expenses.
conlcted*°a n^d -^"7 officcrs whosc duty it has been to collect fees or costs
treasury!" *^^ heretofore from defendants in any matters now covered by the
salaries above named shall continue to do so at the same
rate, and shall respectively transfer all such fees and costs to
the County Treasurer for the use of said County, under the
penalties now provided by law against any officer for refusing
or neglecting to turn over said account for fines or penalties
collected by him.
fefs'^ofcoun"? Scc. 3136. The Clerk of the Court of Common Pleas and
ciier°o'kee"co!" General Sessions for Cherokee County when appointed or
1897, XXII., elected and qualified shall receive the fees, commissions, costs
^^^' and moneys now allowed by law to Clerks of Court. The
Treasurer of Cherokee County shall receive the same com-
missions on all taxes collected as are allowed by law to County
Treasurers, except in the County of Charleston, provided the
same does not exceed the sum of seven hundred dollars
($700.00) per annum. The County Auditor shall receive the
sum of four hundred dollars per annum from the State Treas-
urer; and in addition the sum of one hundred dollars per
annum from the County ; the County Superintendent of Educa-
tion shall receive the sum of two hundred dollars per annum;
the County Supervisor shall receive the sum of five hundred
dollars per annum and one hundred dollars per annum for
clerk hire.
of^ai^chargeT Scc. 3137. The Sheriff of Clarendon County shall receive
1893, X X I., an annual salary of seven hundred dollars, in lieu of all costs,
^^- charges and fees whatsoever, for services in criminal cases
cognizable in the Court of General Sessions, including the exe-
cution and service of all venires for grand and petit jurors and
the execution and service of all processes issued by the Cor-
oner of said County : Provided, That nothing herein contained
shall be construed to prevent him from receiving the fees pro-
in^TnS^r'^ns"'^^^^*^ ^^ ^^"^ ^°^ dieting prisoners and fees for transporting
portation fees, lunatics to the State Hospital for the Insane.
OF SOUTH CAROLINA. 1205
' A. D. 1902.
The said Sheriff shall make to the County Treasurer of said ^— ^'■^— ^
County monthly a sworn itemized return of all fees, costs and ^^^^j^^'^j^^^^^J'^;
fines received and collected by him in criminal cases, and shall *y Treasurer.
at the same time pay over the same to said Treasurer. And it payment
is hereby made the duty of the County Auditor and County
Treasurer of said County to examine said sworn return and^f^^^^^jJ^g^^J^J
the books of said Sheriff every month for the purpose of en- books.
forcing the provisions of this Section.
If the said Sheriff shall fail or neglect to make said monthly ^ o^n"-^r'Jturn'^
return on or before the tenth day of each month, or shall file^^'^^ gy^j^gjjj"''
a false or fraudulent return, or shall retain in his hands and
fail or refuse to pay over any part of the fines, fees or costs
received or collected by him, at the time and in the manner
required by this Section, he shall be deemed guilty of a misde-
meanor, and on conviction thereof shall be imprisoned for not
more than one year or pay a fine of not more than two hundred
dollars, or both, in the discretion of the Court ; one-half of such infOTmen"^ ^°
fine to be paid to the informer.
The said Sheriff shall collect and receive all fees and costs ^ 6^1*^3 fn fles
to which he would have been entitled but for the provisions of °harges^^" ^°'
this Section, except such as may be chargeable against said
County, and shall pay over the same as required by this Section.
Sec. 3138. The officers of Dorchester County shall receive fc«?of°DorI
annual salaries for their services as follows: The Sheriff shall ty"*'^'^ ""
receive a salary of seven hundred dollars, and such fees as he 1900, xxiii.,
is now entitled to by law for serving civil process; out of the l^^l }^^is is'',
proceeds of such salary and fees he shall pay for the services ^^^^■' ^^^•
of such Jailer and Deputy Sheriffs as he may employ. The
Treasurer shall receive a salary of eight hundred dollars, said
salary to include all commissions and fees as are allowed him
under the general law. The Auditor shall receive seven hun-
dred dollars, five hundred and thirty-five dollars from the State
and one hundred and sixty-five from the County. The School
Commissioner shall receive a salary of three hundred dollars.
The Coroner shall receive for his services the sum of fifty
dollars per annum, and such fees as he is now entitled to by law.
Sec. 3139. The annual salaries and compensation of the offi- ^Salaries of
'■ County omcers
cers of Greenwood County shall be as follows, to wit : The i? Greenwood
County.
Auditor shall receive from the State six hundred dollars and — — — ^ttttt-
1891, A. A 111.,
from the County three hundred dollars ; the County Supervisor sie-
shall receive seven hundred dollars; the County Superintend-
ent of Education shall receive six hundred dollars ; the Sheriff
i2o6 CIVIL CODE
A. D. 1902. ■
'"""'■v^^ shall receive the fees allowed by law for dieting and keeping
prisoners, and in addition shall collect all fees allowed by law
and shall retain thereof not exceeding one thousand dollars as
pay for all services : Provided, That if the fees, exclusive of
dieting prisoners, do not amount to one thousand dollars, then
the County Supervisor shall issue to him a warrant on the
County Treasurer for such deficiency. The Treasurer shall
collect the commissions allowed by law and shall retain thereof
not exceeding eight hundred dollars for all services ; the Clerk
of the Court shall collect all fees allowed by law and shall re-
tain thereof not exceeding thirteen hundred dollars for all
services. All fees collected by the Sheriff, Treasurer and Clerk
of Court above the amounts to be retained for services shall
be turned into the County Treasury and used for County pur-
poses.
G ?o r'getoin Scc. 3140. The Probate Judge of the County of Georgetown
County. shall be paid an annual salary of three hundred dollars, the
bate'^judge^'^" Coroucr an annual salary of three hundred dollars, and the
1888, XX., Clerk of Court and Register of Mesne Conveyance of
^^■''" Georgetown County an annual salary of nine hundred dollars;
an^^Rlgiftln^ which Said salaries shall be in lieu of all fees and costs which
'^^ XX., they are all now respectively entitled in law to charge and re-
^^'* ceive in compensation for their services.
oi^Lcs *" ''^" '^^^ ^^^'^ salaries shall be paid to the said officers quarterly
How aid ^pou the warrant of the County Commissioners, drawn upon
the Treasurer of the County.
Fees to be fhc Said Probatc Judge and Clerk of Court and Register of
paid over. ./ o es
Mesne Conveyance shall charge and collect the usual fees and
costs, as now provided by law, and shall make a monthly return
thereof, under oath, to the County Commissioners of the
County, and shall at the same time pay over to the County
Treasurer the amounts collected by them, respectively, for the
use of the County, and shall, respectively, take the Treasurer's
receipt therefor.
Sheriff ^n^iieu ^^'^^ Sheriff of Georgetown County shall receive an annual
°^ ^°^^^- salary of fifteen hundred dollars in lieu of all costs, charges
i362';^i892,xxi; ^^'^ ^^^^ whatsocvcr for services in criminal cases, whether the
^^'^- same be such as are cognizable in Magistrate Courts or in the
Court of General Sessions, including the execution and service
of all process issued by the Coroner or Probate Judge of said
County : Provided, That nothing herein contained shall be con-
strued to prevent him from receiving the fees provided by law
OF SOUTH CAROLINA.
for dieting- prisoners and fees for transporting lunatics to the
State Hospital for the Insane. , Dieting an d
_ ^ transportation
The said Sheriff shall make to the County Treasurer of said^^^^-
County monthly a sworn itemized return of all fees, costs and itemized
-' -' ' s t a tement of
fines received or collected by him in criminal cases, and shall ^^^^■
at the same time pay over the same to said Treasurer. And it p^ ^^ ^^^^_
is hereby made the duty of the County Auditor and County ®"'■^'"•
Treasurer of said County to examine said sworn return and -^^^ ^^ ^^_
the books of said Sheriff every month for the purpose of en- ^^°^^ ^'^'^ t"^^^-
forcing the provisions of this Section.
If the said Sheriff shall fail or neglect to make said monthly ^,y'°^|*^'9ns of
return on or before the tenth day of each month, or shall filef'^'^"^ ^ ™^-
-' ' demeanor.
a false or fraudulent return, or shall retain in his hands and
fail or refuse to pay over any part of the fines, fees, or costs
received or collected by him at the time and in the manner re-
quired by this Section, he shall be deemed guilty of a misde-
meanor, and on conviction thereof shall be imprisoned for not penalties
more than one year or pay a fine of not more than two hundred
dollars, or both, in the discretion of the Court, one-half of such
fine to be paid to the informer.
The said Sheriff shall collect and receive all fees and costs iect'^"nd° pay
to which he would have been entitled but for the provisions of °^'^*' ^^^®-
this Section, except such as may be chargeable against said
County, and shall pay over the same as required by this Section. as^constaWe^'^*
The said Sheriff shall be required to act as the Constable of
the Magistrate in the town of Georgetown without additional
compensation.
Sec. 3141. The Sheriff of Kershaw County shall be paid an„ Salary of
^ ■' ^ _ Sheriff of Ker-
annual salary of nine hundred dollars, which shall be in lieu^haw County.
of all fees and costs which he is now by law entitled to charge^^is^i^ ^x.,
"^ "^ lo9(J, s 1; 1894,
and receive for his services: Provided, That nothing contained ^x i, ^ 5 2 ;
in this Section shall affect the right of said Sheriff to charge ^07 and 254.
and receive the usual fees allowed by law for dieting prisoners,
mileage and other expenses incurred for services rendered out-
side of the said County, and his costs and fees in civil cases :
Provided, further. That said Sheriff shall turn over to the
County Treasurer all Sheriff's fees and costs paid by defend-
ants in criminal cases, whether under sentence of Court or
otherwise.
The Clerk of the Court of Common Pleas and General Ses- Salary of
sions for the County of Kershaw shall receive an annual salary of costs.
of two hundred dollars, which shall be in lieu of all fees and
i2o8 CIVIL CODE
A. D. 1902.
^^"^■^^f^ ' costs in civil and criminal cases, except fees as Register of
Fees as Reg- Mesne Conveyance, which shall remain as now provided by
law.
1891, XX.,
1391, § 2. 'pi-^g salaries of the Sheriff and Clerk of Court, provided for
pffd'^qulrteriy^ i^ ^^^^ Scction, shall be paid quarterly by the County Treasurer
i^ ^ I 3_ of said County on the warrant of the County Commissioners
of said County.
fees^™^County ^^ ^^^^ ^^*^ costs in civil and criminal cases collected by the
Treasurer. Sheriff and Clerk of the Court of Common Pleas and General
ih., § 4. Sessions for said County of Kershaw, except dieting fees and
fees collected as Register of Mesne Conveyance, shall be paid
over by them, or either of them, to the County Treasurer of
said Count3\
ShSfflancas- §60. 3142. The SherifT of Lancaster County shall be paid
ter County. ^^^ annual salary of one thousand dollars, which shall be in lieu
189^-^894 "^xi! o^ ^ f^^^ ^^^ costs wliich he is now by law entitled to charge
^^"- and receive for his services : Provided, That nothing contained
Proviso. -j^ ^j^-g gection shall affect the right of said Sheriff to charge
and receive the usual fees allowed by law for dieting prisoners,
mileage, and other expenses incurred for services rendered out-
side of the said County, and his costs and fees in civil cases :
^.Further pro- p^.^.^-j^^^ /"r^/zfr. That Said Sheriff shall turn over to the
County Treasurer all Sheriff's fees and costs paid by defend-
ants in criminal cases, whether under sentence of Court or
otherwise.
How paid. That the said salary shall be paid to said Sheriff quarterly,
upon the warrant of the County Commissioners, drawn upon
the County Treasurer of Lancaster County,
ner of Rich- Scc. 3143, The Coroncr of Richland Countv shall receive
land Countv. ^ r r
an annual salary of three hundred and fifty (350) dollars m
lieu of fees as now provided by law.
How paid. The Salary of the Coroner of Richland County shall be paid
1894, XXI., quarterlv bv the County Treasurer of said Countv on the war-
1019. ^ . . J
rant of the County Supervisor of said County under the seal
of the County Board of Commissioners.
oner'^f' New- Scc. 3144. The Coroucr of Newberry County shall receive
^Physidan*^' ^^ anuual Salary of two hundred and fifty dollars for all his
~^ xxF services as Coroner ; and the Coroner shall have no authority
^^^- to employ a physician or hold a post mortem examination un-
Saiaries of ^^^^ authorized bv the jury of inquest.
ofTaVudfco!" S^c- ^^^^- The County officers of Saluda County, when
1896 XXII elected or appointed, shall receive the following fees and sala-
254.
OF SOUTH CAROLINA.
ries to wit: The Sheriff, Judge of Probate and Coroner, the
same fees as are now provided by law ; the Clerk of the Court
of Common Pleas and General Sessions, the same fees as now
allowed by law to the Clerk of said Court of Edgefield County ,
^e Treasurer, the same commissions on all taxes collected as
are allowed by law to County Treasurers, except n. the County
of Charleston : Provided, The same shall i^t exceed seven
hundred dollars or less than five hundred dollars; the County
Auditor an annual salary of five hundred dollars from the State
Treasurer, and in addition from the County the sum ot thre
hundred dollars ; the School Commissioner, three hundred and
fifty dollars; the County Supervisor the sum of our hunared
dollars; and the ^lagistrates and their Constables to be ap-
pointed in and for said County, each the sum of seventy-five
dollars per annum, except the district embracmg Ridge Sprmg,
where the Magistrate and Constable shall each receive the sum
of one hundred and twenty-five dollars; said salaries to be paid
quarterly by warrant of the County Supervisor on the County
Treasurer. , n u -a o,. Sheriff in
Sec 3146 The Sheriff of Fairfield County shall be paid anFaW^eid^o_
annual salary of twelve hundred dollars, which shall be in ,S9, xx.. 5i5.
Heu of all fees and costs which he is now by 1^^ ^^^itled to
harge and receive for his services: Provided, That nothing
contained in this Section shall affect the right of said Sheriff ^salary .n i.eu
to charge and recover the usual fees allowed by law for dieting
prisoners, mileage, and other expenses incurred for services
rendered outside of the said County, and his costs and fee ^^^^^^^^_
in civil cases: Provided, further, That said Sherifi^ shall turn
over to the County Treasurer all Sheriff's fees and costs paid
by defendants in criminal cases, whether under sentence of
Court or otherwise. , f e e s to be
The said salary shall be paid to said Sheriff quarterly, upon paid ove.
the warrant of the County Commissioners drawn upon the ^ when and
Countv Treasurer of Fairfield County.
C™? officer. .,ui,ed .o Weep '-''^"^^^rt:' .T c'lyZ ^S'".".^
Sec. 6ii. County Supervisor to keep record of.-Sec. 61-. County P
fees. — Sec. 794-
APPENDIX TO VOLUME I.
CODE OF 1902.
A List of Public Statutes Repealed Since the Adop-
tion of the General Statutes of 1882.
1882.
Repealed Statutes.
No. 689. An Act to prevent the
sale of spirituous or intoxicating
liquors in the town of Chester, in
Chester County. 17 Stats., 1059.
No. 599. An Act to prohibit the
sale of spirituous or intoxicating
liquors within the corporate limits
of the town of Lancaster in Lancas-
ter County. 17 Stats., 849.
No. 647. An Act to amend an
Act entitled "An Act to incorporate
the Bennettsville and Hamlet Rail-
road Company." 17 Stats., 928.
No. 706. An Act to re-enact an
Act entitled "An Act to facilitate
the completion of the Blue Ridge
Railroad," approved February 20th,
1880, and to extend the time therein
granted for the completion of said
road. 17 Stats., 1094.
Repealed by.
Repealed by No. 83. An Act to
repeal an Act entitled "An Act to
prevent the sale of spirituous or in-
toxicating liquors in the town of
Chester, in Chester County," ap-
proved 9 th February, 1882, and to
authorize the Town Council of Ches-
ter to grant licenses to sell spirit-
uous and Intoxicating liquors under
certain restrictions and modifica-
tions. 20 Stats., 140 ; Dec. 24, 1888.
Repealed by No. 540. An Act to
repeal an Act entitled "An Act to
prohibit the sale of spirituous or in-
toxicating liquors within the corpo-
rate limits of the town of Lancas-
ter, in Lancaster County," approved
February 8th, 1882, and for other
purposes therein named. 19 Stats.,
1048 ; Dec, 23, 1887.
Repealed by 741. An Act to repeal
an Act entitled "An Act to incorpo-
rate the Bennettsville and Hamlet
Railroad Company," and an Act to
amend said Act. 20 Stats., 1140,
Dec. 22, 1891.
Repealed by No. 479. An Act to
repeal an Act entitled "An Act to
re-enact an Act entitled 'An Act to
facilitate the completion of the Blue
Ridge Railroad,' approved February
20th, 1880, and to extend the time
therein granted for the completion of
said road," and to provide for the
collection of back taxes due the
Counties of Anderson and Oconee
18 Stats., 775, Dec. 23, 1884.
APPENDIX TO CIVIL CODE
REPEALED STATUTE.
REPEALED BY.
1882.
No. 27. An Act providing for a
Master for the County of Berkeley.
18 Stats., 40.
Repealed by No. 542. An Act to
repeal an Act entitled "An Act pro-
viding for a Master for the County
of Berkeley," approved December
21st, A. D. 1882, and to devolve the
duties of the Master in Berkeley
County upon the Clerk of Court of
Common Pleas. XXII. Stats., 874,
Feb. 16, 1898.
No. 129. An Act to charter the
Greenville and Port Royal Railroad
Company. 18 Stats., 214.
Repealed by No. 336. An Act to
repeal an Act entitled "An Act to
charter the Greenville and Port
Royal Railroad Company," approved
23rd December, A. D. 1882, and all
Acts amending the same. XXIII.
Stats., 566, Feb. 17, 1900.
No. 100. An Act to prohibit the
sale of ardent spirits or liquors in
the town of Williston, in Barnwell
County. 18 Stats., 148.
Repealed by No. 263. An Act to
repeal an Act entitled "An Act to
prohibit the sale of spirituous and
malt liquors in Barnwell County,
approved December 21, 1883." 19
Stats., 106.
No. 101. An Act to incorporate the
town of Madison, in the County of
Aiken. 18 Stats., 148.
Repealed by No. 275. An Act to
repeal an Act entitled "An Act to
incorporate the town of Madison, in
the County of Aiken." 19 Stats.,
448, Dec. 23, 1889.
No. 128. An Act to incorporate
the town of Martin's Depot. 18
Stats., 211.
Repealed by No. 929. An Act to
repeal an Act entitled "An Act to
incorporate the town of Martin's
Depot," approved 23rd of Dec, 1882.
20 Stats., 1414, Dec. 24, 1891.
No. 159. Sec. 1 and 2 of an Act
to amend and declare the law re-
lating to the empaneling and chal-
lenging of jurors. 18 Stats., 256.
Repealed by No. 867. An Act to
provide for the empaneling of the
jurors in the Courts of Common
Pleas, and to prescribe the manner
in which civil actions and issues
ordered by the Court shall be tried.
18 Stats., 633, Feb. 15, 1901.
No. 70. An Act to prohibit the
sale of intoxicating liquors within
the corporate limits of the town of
Mayesville, in the County of Sum-
ter. 18 Stats., 111.
Repealed by No. 585. An Act to
repeal an Act entitled "An Act to
prohibit the sale of intoxicating
liquors within the corporate limits
of the town of Mayesville, in the
County of Sumter," approved De-
cember 2] St, A. D. 1882. XIX.
Stats., 1129, Dec. 17, 1887.
OF SOUTH CAROLINA.
REPEALED STATUTE. REPEALED BY.
1883.
1213
No. 223. An Act to prohibit the
sale of spirituous and malt liquors
within the County of Barnwell. 18
Stats., 348.
Repealed by No. 263. An Act to re-
peal an Act entitled "An Act to pro-
hibit the sale of spirituous and malt
liquors within the County of Barn-
well," approved December 21st,
1883. XIX. Stats., 506, Dec. 21.
1886.
No. 329. An Act to authorize and
empower the Master for the County
of Berkeley to sell real estate under
order of the Court at the postofflce
in the city of Charleston. 18 Stats.,
498.
Repealed by No. 810. An Act to
repeal an Act entitled "An Act to
authorize and empower the Master
for the County of Berkeley to sell
real estate under the order of the
Court at the postofEice in the city of
Charleston." XX. Stats., 1258, Dec.
24, 1891.
No. 337. An Act to prohibit the
sale of spirituous or intoxicating
liquors in the County of Oconee. 18
Stats., 515.
Repealed by No. 121. An Act to
repeal an Act entitled "An Act to
prohibit the sale of spirituous or in-
toxicating liquors in the County of
Oconee," approved December 24th,
1883. 19 Stats., 227, Dec. 24, 1885.
No. 213. An Act to authorize and
require the Trustees of School Dis-
trict No. 1 of Kershaw County to
pay the County Auditor of said
County annually out of the special
school tax collected in said district
a reasonable compensation for as-
sessing and levying said tax. 18
Stats., 338.
Repealed by No. 481. An Act to
repeal an Act entitled "An Act to
authorize and require the trustees
of School District No. 1 of Kershaw
County to pay the County Auditor
of said County annually, out of the
special school tax collected in said
district, a reasonable compensation
for assessing and levying said tax,"
approved December 21st, A. D. 1883.
23 Stats., 843, Feb. 8, 1901.
Sec. 6 of No. 404. An Act to au-
thorize County Commissioners to
open and establish public highways.
18 Stats., 631.
Repealed by No. 147. An Act to
repeal Sec. 6 of an Act entitled "An
Act to authorize County Commission-
ers to open and establish public
highways," approved December 24th,
A. D. 1883. 19 Stats., 283, Dec.
24, 1885.
No. 284. Sec. 1 of an Act to
amend Title VI., Chapter XVI., Part
I., of the General Statutes, relating
to Trial Justices in the Counties of
Berkeley, Colleton, Lancaster, Mar-
ion, Barnwell and Charleston. 18
Stats., 433.
Repealed by No. 152. An Act re-
lating to Trial Justices for the Coun-
ties of Laurens, Pickens, Abbeville,
Georgetown, Berkeley and Charles-
ton. 19 Stats., 288, Dec. 24, 1885.
1214 APPENDIX TO CIVIL CODE
REPEALED STATUTE. REPEALED BY.
1884.
No. 453. An Act to amend Sec-
tion one thousand six hundred and
eighty-seven (1687) of the General
Statutes, relating to the hunting of
deer. 18 Stats., 737.
Repealed by Act No. 371. An Act
to amend Section 1687 of the Gen-
eral Statutes relating to the hunting
of deer. 19 Stats., 715, Dec. 24,
1886.
No. 469. An Act to amend Section
1451f of the General Statutes, re-
lating to passenger rates charged by
railroad companies. 18 Stats., 759.
Repealed by No. 13. An Act to
amend Title XII., Chapter XL., of
Railroad Corporations and General
Railroad Law, and to provide for the
regulation of railroad freight and
passenger tariffs in this State, to
prevent unjust discrimination and
extortion in the rates charged for
transportation of passengers and
freights, and to prohibit railread
companies and corporations and les-
sees in this State from charging
other than just and reasonable rates,
and to punish the same, and pre-
scribe a mode of procedure and rules
of evidence in relation thereto, pro-
viding for the election of Railroad
Commissioners, and to prescribe
their powers and duties in relation
to the same. 21 Stats., 8, Dec. 19,
1892.
No. 540. An Act to amend Section
1 of an Act entitled "An Act to
amend Section 252 and Section 274
of the General Statutes, in relation
to the compensation of County Au-
ditors and County Treasurers, so far
as the same relates to Spartanburg
County," approved December 24th,
1883. 18 Stats., 869.
Repealed by No. 133. An Act to
regulate the compensation of County
Auditors, and to repeal an Act, ap-
proved December 26th, 1884, entitled
"An Act to amend Section 1 of an
Act entitled 'An Act to amend Sec-
tion 254 and Section 274 of the
General Statutes, in relation to the
compensation of County Auditors
and County Treasurers,' as far as
the same relates to Spartanburg
County, approved December 24th,
1883," in relation to the same sub-
ject. 19 Stats., 244, Dec. 24, 1885.
No. 543. An Act to regulate the
admission of foreign surety com-
panies to do business in this State.
18 Stats., 873.
And No. 549. An Act to facilitate
the giving of bonds required by law.
II)., 889.
Repealed by No. 29. An Act to
permit County and State officers to
give bonds, and procure policies of
assurance, insurance, guarantee or
trust companies in lieu of official
bonds with individual sureties. 21
Stats., 76, Dec. 24, 1892.
OF SOUTH CAROLINA.
REPEALED STATUTE. REPEALED BY.
1884.
1215
No. 499. An Act requiring all con-
victs hired from the penitentiary to
be and remain under a sworn officer
and guards appointed by and re-
sponsible to the Superintendent of
the penitentiary and regulating the
hiring of such convicts. 18 Stats.,
815.
Repealed by No. 44. An Act to
repeal an Act entitled "An Act re-
quiring all convicts hired from the
penitentiary to be and remain under
a sworn officer and guards appointed
by and responsible to the superin-
tendent of the penitentiary, and
regulating the hiring of such con-
victs," approved the 24th day of
December, 1884, and to further
regulate the employment of con-
victs, and to authorize the superin-
tendent and Boai-d of Directors of
the penitentiary to purchase or lease
land. 19 Stats., 74. Dec. 22, 1885.
No. 557. An Act to recharter Max-
well's bridge. 18 Stats., 898.
Repealed by No. 234. An Act to
repeal an Act entitled "An Act to
recharter Maxwell's Bridge, in
Oconee County." 21 Stats., 331,
Dec. 22, 1892.
1885.
No. 16. An Act to provide for the
establishment of a new School Dis-
trict in Anderson County, and for
the levying and collecting of a spe-
cial school tax therein. 19 Stats.,
21.
Repealed by No. 284. An Act to
repeal an Act entitled "An Act to
provide for the establishment of a
new school district in Anderson
County, and for the levying and col-
lecting of a special tax therein," ap-
proved December 15th, 1885. 20
Stats., 458, Dec. 24, 1889.
Amended by No. 529. An Act to
amend Section 2 of an Act entitled
"An Act to repeal an Act entitled
'An Act to provide for the establish-
ment of a new School District in
Anderson County and for the levy-
ing and collection of a special tax
therein,' approved Dec. 15th, 1SS5,"
approved Dec. 24, 1889. 20 Stats.,
799, Dec. 24, 1890.
No. 97. An Act to provide for and
regulate the incorporation of towns
of less than one thousand inhabi-
tants in this State. 19 Stats., 174.
Repealed by No. 87. An Act to
provide for the corporation of towns
of less than one thousand inhabi-
tants. 22 Stats., 76, March 2, 1896.
No. 100. An Act to authorize the
County Commissioners of Hampton
County to open and construct a
public highway across Coosawhat-
cbie Swamp. 19 Stats., 183.
Repealed by No. 437. An Act to
repeal an Act entitled "An Act to
authorize the County Commissioners
of Hampton County to open and
construct a public highway across
Coosawhatchie Swamp," and to put
into the general County fund all
moneys collected under said Act. 21
Stats., 645, Jan. 4, 1894.
I2l6
APPENDIX TO CIVIL CODE
REPEALED STATUTE.
REPEALED BY.
1885.
No. 65. Sees. 1, 2, 3 and 4 of an
Act to amend the charter of the
town of Mount Pleasant so as to
provide for a registration of the
voters of said town, and to enlarge
the powers of the Managers of P^lec-
tion for Intendant and Wardens of
said town. 19 Stats., 126.
Repealed by No. 815. An Act to
repeal Sections 1, 2, 3 and 4 of an
Act entitled "An Act to amend the
charter of the town of Mount Pleas-
ant, so as to provide for a registra-
tion of the voters of said town, and
to enlarge the powers of the man-
agers of election of Intendant and
Wardens of said town." 20 Stats.,
1264, Dec. 23, 1891.
No. 10. An Act to amend Section
nine hundred and ninety-seven (997)
and one thousand and five (1005) of
the General Statutes, relating to the
examination of teachers. 19 Stats.,
12.
And No. 203. An Act to amend
an Act entitled an Act to limit the
ages of pupils attending the free pub-
lic schools, approved December 23d,
1883. 19 Stats., 377.
Repealed by No. 63. An Act to de-
clare the free school law of the
State. 22 Stats., 150, March 9,
1896.
No. 28. An Act to provide for and
regulate the incorporation of build-
ing and loan associations in this
State. 19 Stats., 40.
And No. 114. An Act to provide
for and regulate the incorporation
of banks in this State. 19 Stats.,
212.
Repealed by No. 45. An Act to
provide for the formation of certain
corporations and to define the pow-
ers thereof. 22 Stats., 22, March
9, 1896.
No. 29. An Act to provide for
and regulate the incorporation of
steamboat companies in this State.
19 Stats., 42.
And No. 96. An Act to provide for
and regulate the incorporation of
railroad companies in this State. 19
Stats., 171.
Repealed by No. 41. An Act to
provide for the formation of rail-
road, steamboat, street railway and
canal companies, and to define the
powers thereof, and provide a mode
for amending the charters thereof.
23 Stats., 64, Feb. 28, 1899.
No. 105. An Act to provide for
arid regulate the incorporation of
manufacturing companies in this
State. 19 Stats., 191.
Repealed by No. 288. An Act to
provide for the formation of certain
corporations under general laws. 19
Stats., 540, Dec. 28, 1886.
Sec. 1 of No. 174. An Act to regu-
late the fees of physicians and
surgeons for testifying as experts in
criminal cases. 19 Stats., 323.
Repealed by No. 121. An Act to
prescribe and fix the fees of physi-
cians for post mortem examinations
at Coroner's inquest. 22 Stats.,
256, Feb. 25, 1896.
OF SOUTH CAROLINA.
REPEALED STATUTE. REPEALED BY.
1885.
1217
Xo. 189. An Act to amend an Act
entitled "An Act to prohibit the sale
of spirituous and malt liquors within
the County of Barnwell," approved
December 21st, 1883. 19 Stats., 351.
Repealed by No. 263. An Act to
repeal an Act entitled "An Act to
prohibit the sale of spirituous and
malt liquors within the County of
Barnwell." approved December 21st,
1883. 19 Stats., 506, Dec. 22, 1886.
No. 194. An Act to permit the sale
of domestic wines manufactured in
this State without license. 19
Stats., 359.
Repealed by No. 28. An Act to
prohibit the manufacture and sale
of intoxicating liquors as a beverage
within this State, except as herein
provided. 21 Stats., 62, Dec. 24,
1892.
No. 134. An Act to incorporate
the "Mount Pleasant and Seaview
City Railway Company." 19 Stats.,
246.
Repealed by No. 658. An Act to
repeal an Act entitled "An Act to
incorporate the Mount Pleasant and
Seaview City Railway Company,"
approved December 24th, A. D. 1885,
and all Acts and parts of Acts
amendatory thereof. 21 Stats., 985,
Jan. 5, 1895.
No. 154. Sec. 1 of an Act to pro-
vide salaries for certain officers in
Georgetown County in lieu of all
fees and costs. 19 Stats., 291.
Repealed by No. 523. An Act to
repeal so much of an Act entitled
"An Act to provide salaries for cer-
tain officers in Georgetown County
in lieu of all fees and costs," ap-
proved December 26th, A. D. 1885,
in so far as the same applies to the
office of Clerk of Court, and Register
of Mesne Conveyances, Probate
Judge and Coroner. 19 Stats., 1024,
Dec. 24, 1887.
No. 185. An Act to incorporate the
town of Rumphville, in the County
of Colleton. 19 Stats., 344.
No. 260. An Act to repeal an Act
entitled "An Act to incorporate the
town of Rumphville, in the County
of Colleton," approved December
26th, A. D. 1885. 19 Stats., 504,
Dec. 22, 1886.
No. 50. An Act to permit citizens
of Gregg Township, in Aiken County,
to pay a commutation tax in lieu of
all road duty. 19 Stats., 86.
And No. 73. An Act to amend an
Act entitled "An Act to permit per-
sons in Greenville County liable to
road duty to pay a commutation in
lieu of working the roads." 19 Stats.,
141.
And No. 225. An Act to permit
persons in the State liable to road
duty to pay a commutation in lieu
of working the road. 19 Stats., 416.
Repealed by No. 109. An Act to
amend an Act entitled "An Act to
provide a system of County govern-
ment for the several Counties of this
State, so far as it relates to the
working and maintaining the roads
and highways in this State." 22
Stats., 227, March 23, 1896
77-C.
I2i8 APPENDIX TO CIVIL CODE
REPEALED STATUTE. REPEALED BY.
1886.
No. 288. An Act to provide for
the formation of certain corpora-
tions under general laws. 19 Stats.,
540.
Repealed by No. 45. An Act to
provide for the formation of certain
corporations under general laws. 22
Stats., 92, March 9, 1896.
No. 304. An Act to amend Sec-
tions 1339 and 1342 of the General
Statutes, relating to hawkers and
peddlers. 19 Stats., 583.
Repealed by No. 297. An Act to
amend the law as to hawkers and
peddlers. 21 Stats., 407, Dec. 20,
1893.
No. 363. An Act to provide a more
eflicient system of working the pub-
lic 1 jads in Anderson County. 19
Stats., 689.
Sec. 9 repealed by No. 524. An
Act to repeal Section 9 of an Act
entitled "An Act to provide a more
efficient system of working the pub-
lic roads in Anderson County,"' ap-
proved December 24th, 1886, and to
allow taxes already collected to be
used by the County Commissioners
of said County. 20 Stats., 795, Dec.
3, 1890. and the entire Act ; and also
No. 355. An Act to amend an Act
entitled "An Act to permit persons
in the Stale liable to road duty to
pay a commutation in lieu of work-
ing the road," so far as the same
relates to Greenville and Pickens
Counties. 20 Stats., 661.
Were repealed by No. 109. An Act
to amend an Act entitled "An Act
to provide a system of County gov-
ernment for the several Counties of
this State, so far as it relates to the
working and maintaining the roads
and highways in this State." 22
Stats., 227, March 23, 1896.
No. 351. An Act to provide for the
issuing of license to sell spirituous
and intoxicating liquors, ale, malt
and wine in Berkeley and Beaufort
Counties. 19 Stats., 657.
Repealed by No. 28. An Act to
prohibit the manufacture and sale of
intoxicating liquors as a beverage
within this State, except as herein
provided. 21 Stats., 62, Dec. 24th.,
1892.
No. 360. An Act to establish two
school districts in Chester County
and to authorize the levy and col-
lection of a local tax therein. 19
Stats., 678.
Repealed by No. 498. An Act to
repeal an Act entitled "An Act to
establish two school districts in
Chester County, and to authorize the
levy and collection of a local tax
therein," approved December 24th,
A. D. 1886. 19 Stats., 994, Dec. 23,
1887.
OF SOUTH CAROLINA.
REPEALED STATUTE. REPEALED BY.
1886.
1219
No. 459. An Act to provide for
the submission to the qualified elec-
tors of Abbeville and Greenville
Counties of the question of "License"
or "No License" in the incorporated
cities, towns and in said Counties at
special elections. 19 Stats., 935.
And No. 478. An Act to amend an
Act entitled "An Act to provide for
the issuing of license to sell spirit-
uous and intoxicating liquors, ale,
malt or wine in Berkeley and Beau-
fort Counties," approved December
24th, 1886. 19 Stats., 970.
No. 381. An Act to amend Section
89 of the General Statutes of South
Carolina, relating to the qualifica-
tion of electors. 19 Stats., 786.
Sec. 1 of No. 407. An Act to de-
clare the law relating to the separ-
ate estates of married women. 19
Stats., 819.
Repealed by No. 28. An Act to
prohibit the manufacture and sale of
intoxicating liquors as a beverage
within this State, except as herein
provided. 21 Stats., 62, Dec. 24th,
1892.
Repealed by Constitution of 1895,
Art. 2, Sees. 8 and 4.
Repealed by No. 723. An Act to
amend Section 2037 of the Revised
Statutes, relating to the power of
married women to make contracts ;
also to repeal Section 1 of "An Act
to declare the law relating to the
separate estates of married women,"
passed 23rd day of December, 1887.
20 Stats., 1121, Dec. 23, 1891.
No. 471. An Act relating to the
compensation of the County Com-
missioners of Lancaster and Ander-
son Counties and their Clerks. 19
Stats., 149.
No. 556. An Act to create a spe-
cial School District within the town-
ship of Seneca, in Oconee County, to
be known as "The Seneca Graded
School District," and authorize the
levy and collection of a local tax
therein. 19 Stats., 1072.
No. 412. An Act to provide for
the relief of certain soldiers, sailors
and widows of soldiers or sailors of
the Jate war between the States. 19
Stats., 826.
Sec. 3. Repealed by No. 372. An
Act to repeal Section 3 of an Act
entitled "An Act relating to the
compensation of the County Com-
missioners of Lancaster and Ander-
son Counties and their clerks," ap-
proved 19th December, 1887. 21
Stats., 548, Dec. 20, 1893.
Repealed by No. 231. An Act to
repeal an Act entitled "An Act to
create a special school district with-
in the township of Seneca, in Oconee
County, to be known as the Seneca
Graded School District, and to au-
thorize the levy and collection of a
local tax therein," approved De-
cember 24th, 1887. 21 Stats., 326,
Dec. 24, 1892.
Repealed by No. 225. An Act to
provide for pensions for certain sol-
diers and sailors now residents of
South Carolina, who were in the
service of the State or of the Con-
federate States in the late war be-
tween the States. 23 Stats., 409,
Feb. 19, 1900.
APPENDIX TO CIVIL CODE
REPEALED STATUTE.
REPEALED BY.
1887.
No. 460. An Act to amend an Act
entitled "An Act to incorporate the
Town of Mount Carmel, on the
Savannah Valley Railroad, Abbe-
ville County," by extending the
limits of said town. 19 Stats., 936.
Repealed by No. 49. An Act to re-
peal an Act to amend an Act en-
titled "An Act to incorporate the
Town of Mount Carmel, on the
Savannah Valley Railroad, Abbeville
County, by extending the limits of
said town." 20 Stats., 98, Dec. 24,
1888.
No. 389. An Act to regulate the
traffic in seed cotton in the Counties
of Abbeville, Aiken, Sumter, York,
Edgefield, Berkeley, Kershaw, Rich-
land, Orangeburg, Charleston, Ches-
ter and Union. 19 Stats., 795.
Partially repealed by No. 50. An
Act to repeal an Act entitled "An
Act to regulate the traffic in seed
cotton in the Counties of Abbeville,
Aiken, Sumter, York, Edgefield,
Berkeley, Kershaw, Richland, Or-
angeburg, Charleston, Chester and
Union," so far as the same relates
to Aiken, Charleston and Berkeley
Counties. 20 Stats., 99, Dec. 20,
1888.
No. 554. An Act to provide for
the establishment of a new School
District in the County of Oconee,
and to authorize the levy and col-
lection of a special school tax
therein. 19 Stats., 1069
Repealed by No. 130. An Act to
repeal "An Act to provide for the
establishment of a new School Dis-
trict in the County of Oconee, and
to authorize the levy and collection
of a special school tax therein." 20
Stats., 206, Dec. 20, 1888.
No. 533. An Act to provide for
the establishment and maintenance
of public schools in School District
No. 11, known as Soccastee, in
Horry County, and to authorize the
levy and collection of a local tax
therein. 19 Stats., 1039.
Repealed by No. 364. An Act to
repeal an Act entitled "An Act to
provide for the establishment and
maintenance of public schools in
School District No. 11. known as
Soccastee. in Horry County, and to
authorize the levy and collection of
a local tax therein." 20 Stats., 540,
Dec. 24, 1889.
No. 397. An Act to amend Chap-
ter XX. of the General Statutes, en-
titled "Of the University of South
Carolina." 19 Stats., 803.
Repealed by No. 446. An Act to
reorganize and provide for the Uni-
versity of South Carolina, consti-
tuting the Board of Trustees of the
same, and defining their powers and
duties. 20 Stats., 687, Dec* 23,
1890.
OF SOUTH CAROLINA.
REPEALED STATUTE.
REPEALED BY.
1888.
No. 14. An Act to amend an Act
entitled "An Act to provide for the
relief of certain soldiers, sailors,
and widows of soldiers or sailors, oi
the late War Between the States,"
approved December 24th, 1887. 20
Stats., 26.
Repealed by No. 225. An Act to
provide for pensions for certain sol-
diers and sailors, now residents of
South Carolina, who were in the ser-
vice of the State, or of the Confed-
erate States, in the late War Be-
tween the States. 23 Stats., 409,
Feb. 19, 1900.
No. 17. An Act to amend Sections
5, 8, 14 and 34 of an Act entitled
"An Act to provide for the forma-
tion of certain corporations under
general laws," approved the 23d day
of December, A. D. 1886. 20 Stats.,
46.
Repealed by No. 45. An Act to
provide for the formation of certain
corporations, and to define the
powers thereof. 22 Stats., 92,
March 9, 1896.
No. 18. An Act to provide for the
establishment of separate school dis-
tricts in the several cities, incor-
porated towns and villages in this
State, to authorize the levy and col-
lection of special taxes therein, and
to authorize the levy and collection
of special taxes in the several school
districts now formed, or hereafter
to be formed, outside of cities, in-
corporated towns and villages. 20
Stats., 49.
Repealed by No. 63. An Act to
declare the Free School Law of the
State. 22 Stats., 150, March 3,
1896.
No. 45. An Act to provide a more
efficient system of working the pub-
lic roads in Laurens, Anderson,
Edgefield, Lexington, Marlboro, Rich-
land, Abbeville and Newberry Coun-
ties. 20 Stats., 93.
Repealed by No. 109. An Act to
amend an Act entitled "An Act to
provide a system of County govern-
ment for the several Counties of
this State, so far as it relates to the
working and maintaining the roads
and highways in this State." 22
Stats., 227, March 23, 1896.
No. 83. An Act to repeal an Act
entitled "An Act to prevent the sale
of spirituous or intoxicating liquors
in the town of Chester, in Chester
County," approved 9th February,
1882, and to authorize the Town
Council of Chester to grant licenses
to sell spirituous and intoxicating
liquors under certain restrictions
and modifications. 20 Stats., 140.
And No. 89. An Act to provide for
the issuing of license to sell spiritu-
ous liquors, ale, malt and wine in
the County of Colleton. 20 Stats.,
148.
Repealed by No. 28. An Act to
prohibit the manufacture and sale
of intoxicating liquors as a beverage
within this State, except as herein
provided. 21 Stats., 62, Dec. 24,
1892.
APPENDIX TO CIVIL CODE
REPEALED STATUTE.
REPEALED BY.
1888.
No. 113. An Act to provide a more
efficient system of working the public
roads in Kershaw and Lancaster
Counties. 20 Stats., 187.
Partially repealed by No. 370. An
Act to repeal an Act entitled "An
Act to provide a more efficient sys-
tem of working the public roads in
Kershaw and Lancaster Counties,
so far as the same relates to Lan-
caster County." 20 Stats., 546, Dec.
23, 1889.
And by No. 598. An Act to repeal
an Act entitled "An Act to provide
a more efficient system of working
the public roads in Kershaw and
Lancaster Counties," approved De-
cember 24th, 1888, and all Acts
amendatory thereof. 20 Stats., 891,
Dec. 23, 1890.
No. 91. An Act to amend an Act
entitled "An Act to amend the char-
ter of the Town of Summerville,"
approved December 22d, A. D. 1885.
20 Stats., 151.
Repealed by No. 861. An Act to
amend the charter of the Town of
Summerville, and to authorize the
Town Council to condemn certain
lands for public purposes. 20 Stats.,
1333, Dec. 22, 1891.
No. 131. An Act to amend Section
1 of an Act entitled "An Act to
create a special school district
within the Township of Seneca, in
Oconee County, to be known as the
Seneca Graded School District, and
authorize the levy and collection of
a local tax therein," approved De-
cember 27th, A. D. 1887. 20 Stats.,
207.
Repealed by No. 231. An Act to
repeal an Act entitled "An Act to
create a special school district
within the Township of Seneca, in
Oconee County, to be known as the
Seneca Graded School District, and
to authorize the levy and collection
of a local tax therein," approved De-
cember 24th, 1887. 21 Stats., 326,
Dec. 34, 1892.
1889.
No. 190. An Act to amend an Act
entitled "An Act to provide for the
formation of certain corporations
under general laws." 20 Stats., 315.
And No. 191. An Act to amend
Section 16 of an Act entitled "An
Act to provide for the formation of
certain corporations under general
laws," approved December 23d, A. D.
1886. 20 Stats., 316.
Repealed by No. 186. An Act to
provide for the formation of certain
corporations and to define the powers
thereof. 22 Stats., 92, Mch. 9, 1896.
OF SOUTH CAROLINA.
REPEALED STATUTE. REPEALED BY.
1889.
1223
No. 200. An Act providing a mode
of ascertaining tiie name of regis-
tered voters convicted of disqualify-
ing crimes, and requiring their
names to be erased by the Super-
visor of Registration from the
registration books. 20 Stats., 336.
And No. 391. An Act to provide
for registration of voters of the
Town of Seneca, in Oconee County,
in municipal elections. 20 Stats.,
564.
Repealed by No. 22. An Act to
provide for the registration of all
electors in this State qualified to
vote in State, County, municipal,
Congressional and Presidential elec-
tions. 22 Stats., 33, Mch. 5, 1896.
No. 201. An Act to amend Section
12 of an Act entitled "An Act to
provide for and regulate the incor-
poration of towns of less than one
thousand inhabitants in this State."
20 Stats., 338.
No. 270. An Act to amend an Act
entitled "An Act to provide for the
submission to the qualified electors
of Abbeville and Greenville Counties
of the question of 'License' or 'No
License' in the incorporated cities,
towns and villages in said Counties
at special elections," approved De-
cember 24th, 1887. 20 Stats., 435.
And No. 361. An Act to further
regulate the sale of domestic wines
in Marlboro, Marion and Horry
Counties in this State. 20 Stats.,
537.
Repealed by No. 37. An Act to
provide for the corporation of towns
of less than one thousand inhabi-
tants. 22 Stats., 76, Mch. 2, 1896.
Repealed by No. 28. An Act to
prohibit the manufacture and sale
of intoxicating liquors as a beverage
within this State, except as herein
provided. 21 Stats., 62, Dec. 24,
1892.
No. 362. An Act to amend an Act
entitled "An Act to provide a more
efficient system of working the pub-
lic roads in Laurens, Anderson,
Edgefield, Lexington, Marlboro, Rich-
land, Abbeville and Newberry Coun-
ties," approved December 22d, 1888,
so as to include Horry and Union
Counties, and provide for commuta-
tion for road work therein. 20
Stats., 538.
Repealed by No. 109. An Act to
amend an Act to provide a system
of County Governrnent for the sev-
eral Counties of this State so far as
it relates to the working and main-
taining the roads and highways in
this State. 22 Stats., 227, March
23, 1896.
No. 368. An Act to constitute the
town of Kershaw a separate school
district, and to authorize the levy
and collection of a special tax
therein for the purpose of main-,
taining one or more graded public
schools in said town. 20 Stats., 543.
Repealed by No. 301. An Act to
repeal an Act to constitute the town
of Kershaw a separate school dis-
trict, and to authorize the levy and
collection of a special tax therein,
for the purpose of maintaining one
or more graded public schools in
said town, approved 24th December,
1899. 23 Stats., 537, Feb. 17, 1900.
1224
APPENDIX TO CIVIL CODE
REPEALED STATUTE.
REPEALED BY.
1890.
No. 649. Sec. 2 of an Act to provide Repealed by Xo. 484. An Act to
for two Magistrartes and two Con-
stables in the City of Spartanburg
and to fix their compensation. 20
Stats., 973.
repeal Section 2 of an Act entitled
"An Act to provide for two Magis-
trates and two Constables in the
City of Spartanburg, and to fix their
compensation," approved December
24th, A. D. 1890. 21 Stats., 685.
Jan. 4, 1894.
No. 454. An Act to provide for
the appointment of County Boards
of Physicians to examine diplomas
of physicians and surgeons in this
State. 20 Stats., 699.
Repealed by No. 325. An Act to
repeal an Act entitled "An Act to
provide for the appointment of
County Boards of Physicians to ex-
amine the diplomas of physicians
and surgeons in this State," ap-
proved December 24th, 1890, and to
establish, in lieu of said Boards, a
State Examining Board, and to de-
fine the duties and powers thereof.
21 Stats., 498, Jan. 4, 1894.
No. 462. An Act to provide for
the sale of the lot and building
known as Agricultural Hall, the Pish
Pond Lot, and the Agricultural Ex-
perimental Stations, with their per-
sonal property, at Columbia and in
Darlington and Spartanburg Coun-
ties, and to appropriate the proceeds
thereof. 20 Stats., 707.
Partially repealed by No. 36. An
Act to repeal, so far as Agricultural
Hall is concerned, an Act entitled
"An Act to provide for the sale of
the lot and building known as Agri-
cultural Hall, the Fish Pond Lot
and the Agricultural Experimental
Stations, with their personal prop-
erty, at Columbia, and in Darling-
ton and Spartanburg Counties, and
to appropriate the proceeds there-
for," approved December 24th, 1890.
21 Stats., 88, Dec. 24, 1882.
No. 439. An Act to amend Section
5 of an Act entitled "An Act to pro-
vide for the formation of certain
corporations under general laws."
20 Stats., 653.
Repealed by No. 186. An Act to
provide for the formation of certain
corporations, and to define the
powers thereof. 22 Stats., 92, Mch.
9, 1896.
No. 476. An Act to amend an Act
entitled "An Act to amend Section
1090, Title X., Chapter XXII.. of the
General Statutes of this State," ap-
proved December 24th. 1885, "re-
lating to persons exempt from road
duty." 20 Stats., 722.
And No. 621. An Act to permit
persons in Marion County liable to
road duty to pay a commutation tax
in lieu of working the public roads.
20 Stats., 942.
Repealed by No. 109. An Act to
amend an Act entitled "An Act to
provide a system of County Govern-
ment for the several Counties of
this State, so far as it relates to
the working and maintaining the
roads and highways in this State.
22 Stats., 227, March 23, 1896.
OF SOUTH CAROLINA.
1225
REPEALED STATUTE.
REPEALED BY.
1890.
No. 474. An Act to amend para-
graph one of Section nine hundred
and ninety-seven of the General
Statutes, relating to meeting of the
State Board of Examiners. 20
Stats., 721.
And No. 475. An Act to amend
Subdivision 2d of Section 1012 of
Chapter XIX. of the General Stat-
utes, entitled "Of the Free Public
Schools." 20 Stats., 722.
No. 582. An Act to amend Section
1 of an Act entitled "An Act to
amend an Act entitled 'An Act to
establish and charter Sampit Ferry,
on Sampit River, in Georgetown
County,' " approved December 24th,
A. D. 1883. 20 Stats., 875.
Repealed by No. 63. An Act to de-
clare the Free School Law of the
State. 22 Stats., 1-^0, Mch. 9, 1896.
Repealed by No. 887. An Act to
repeal an Act entitled "An Act to
amend Section 1 of an Act entitled
'An Act to amend an Act entitled
"An Act to establish and charter
Sampit Ferry, on Sampit River, in
Georgetown County," ' approved Dec.
24, 1883," approved December 24th,
1890. 20 Stats., 1363, Dec. 23, 1891.
1891.
No. 680. Sec. 1. An Act to require
County Treasurers to report number
of polls who have paid their poll tax
to the Chairman of the Board of
Trustees in the several school dis-
tricts and to the School Commis-
sioner, and to require School Trus-
tees to report to the County Audi-
tor all taxable polls in their dis-
tricts. 20 Stats., 1049.
No. 695. An Act to provide for
the apportionment of the Representa-
tives in the House of Representatives
of the State of South Carolina, from
the several Counties in this State,
according to the enumeration of the
United States census for the year
1890. 20 Stats., 1070.
No. 679. An Act to provide for the
investment of the Downer School
Fund, now in the hands of the State
Treasurer. 20 Stats., 1047.
Repealed by No. 14. An Act to
repeal Section 1 of an Act entitled
"An Act to require County Treas-
urers to report number of polls who
have paid their poll tax to the Chair-
man of the Board of Trustees in
the several school districts, and to
the School Commissioner, and to re-
quire School Trustees to report to
the County Auditor all taxable polls
in their district," approved Decem-
ber 22, 1891, and to retain in force
an Act entitled "An Act to amend
the General Statutes relating to the
assessment and collection of taxes
for school purposes, and to add two
new Sections, to be known as Sec-
tion 229a and 2296/' approved De-
cember 24th, A. D. 1890. 21 Stats.,
17, Dec. 20, 1892.
Repealed by No. 347. An Act for
the apportionment of Representa-
tives to the House of Representa-
tives. 23 Stats., 611, Feb. 1, 1901.
Repealed by No. 490. An Act to
provide for the transfer and invest-
ment of the Downer Fund. 22
Stats., 786, Feb. 11, 1898.
1226
APPENDIX TO CIVIL CODE
REPEALED STATUTE.
REPEALED BY.
1891.
No. 881. An Act to regulate the
traffic in seed cotton in ttie County
of Florence. 20 Stats., 1357.
Repealed by No. 58. An Act to
repeal an Act to amend an Act en-
titled "An Act to regulate the traf-
fic in seed cotton in the County of
Florence," approved 22nd Decem-
ber, A. D. 1891, and the Act amenda-
tory thereof, approved December
20th, A. D. 1892. 23 Stats., 88,
March 1, 1899.
No. 850. An Act to provide for
the establishment of a new school
district in Clarendon County, and to
authorize the issue of bonds by said
school district and the levy of a
local tax therein. 20 Stats., 1320.
Repealed by No. 144. An Act to
repeal an Act entitled "An Act to
provide for the establishment of a
new school district in Clarendon
County, and to authorize the issue
of bonds by said school district and
the levy of a local tax therein." 21
Stats., 224, Dec. 20, 1892.
And No. 145. An Act to repeal an
Act entitled "An Act to provide for
the establishment of a new school
district in Clarendon County, and to
authorize the issue of bonds by said
school district and the levy of a
local tax therein," approved De-
cember 24th, A. D. 1891, and to
provide for the apportionment of
the school fund to the territory
covered by said Act on the basis of
the average attendance for the year
previous to the passage of said Act.
21 Stats., 225, Dec. 22, 1892.
No. 812. An Act to provide that
the Magistrate at Ridgeville, in Col-
leton County, shall have jurisdiction
for five miles from the town of
Ridgeville, in the County of Berke-
ley, in addition to his jurisdiction in
Colleton County. 20 Stats., 1260.
Repealed by No. 665. An Act to
repeal an Act entitled "An Act to
provide that the Magistrate at
Ridgeville, in Colleton County, shall
have jurisdiction for five miles from
the town of Ridgeville, in the Coun-
ty of Berkeley, in addition to his
jurisdiction in Colleton County,"
approved December 24th, A. D. 1891.
21 Stats., 996, Jan. 5, 1895.
No. 908. An Act to abolish the
office of Master in Kershaw County.
20 Stats., 1391.
Repealed by No. 442. An Act to
repeal an Act entitled "An Act to
abolish the office of Master of Ker-
shaw County," and re-establish said
office of Master. 21 Stats., 649,
Dec. 23, 1893.
OF SOUTH CAROLINA.
REPEALED STATUTE. REPEALED BY.
1891.
1227
No. 842. An Act to permit per-
sons in Cliester County liable to road
duty to pay a commutation tax in
lieu of working the public roads. 20
Stats., 1310.
Repealed by No. 109. An Act to
amend an Act entitled "An Act to
provide ^ system of County gov-
ernment for the several Counties of
this State, so far as it relates to
the working and maintaining the
public roads and highways in this
State. 22 Stats., 227, March 23,
1896.
1892.
No. 106. An Act to authorize the
County Commissioners of Clarendon
and Barnwell Counties to borrow
money and to further regulate their
duties as to reports, and to require
the solicitor to examine and report
on their books to each term of the
Circuit Court. 21 Stats., 174.
Repealed by No. 706. An Act to
repeal an Act entitled "An Act to
authorize the County Commission-
ers of Clarendon and Barnwell
Counties to borrow money, and to
further regulate their duties as to
reports on their books to each term
of the Circuit Court," approved De-
cember 24th, 1892, so far as the
same relates to Clarendon and Barn-
well Counties. 21 Stats., 1065, Dec.
18, 1894.
No. 272. An Act to exempt for a
part of each year a certain section
of Williamsburg County from the
operation of Chapter XXVII., Title
X., Part I., of the General Statutes,
i'elating to the General Stock Law.
21 Stats., 360.
Repealed by No. 188. An Act to
repeal an Act entitled "An Act to
exempt certain portions of Anderson
and Penn Townships in Williams-
burg County from the provisions of
Chapter XXVII., of the General
Statutes, relating to the General
Stock Law. 22 Stats., 360, Feb. 28,
1896.
No. 27. An Act to prohibit re-
ceiving or dispensing all kinds of
spirituous liquors by any club, com-
pany, association or corporation
without a license. 21 Stats., 61.
Repealed by No. 28. An Act to
prohibit the manufacture and sale
of intoxicating liquors as a bever-
age within this State, except as
herein provided. 21 Stats., 62,
Dec. 24, 1892.
Amended by No. 518. An Act to
further declare the law in reference
to, and further regulate the use, sale,
consumption, transportation and dis-
position of alcoholic liquids or
liquors within the State of South
Carolina and to police the same. 21
Stats., 721, Jan. 2, 1895.
1228
APPENDIX TO CIVIL CODE
REPEALED STATUTE.
REPEALED BY.
1892.
No. 163. An Act to amend an Act
entitled "An Act to regulate the
traffic in seed cotton in the County
of Florence," approved 22nd De-
cember, A. D. 1891, by adding two
Sections to be known as Sections six
and seven respectively. 21 Stats.,
247.
Repealed by No. 58. An Act to
repeal an Act to amend an Act en-
titled "An Act to regulate the traf-
fic in seed cotton in the County of
Florence," approved 22d December,
A. D. 1891, and the Act amendatory
thereof, approved December 20th,
A. D. 1892. 23 Stats., 88, March 1,
1899.
No. 153. An Act to regulate the
traffic in seed cotton in the Coun-
ties of Darlington, Marion and Marl-
boro. 21 Stats., 231.
Repealed by No. 649. An Act to
repeal an Act entitled "An Act to
amend an Act entitled 'An Act to
regulate the traffic in seed cotton in
the Counties of Darlington, Marion
and Marlboro.' " 21 Stats., 975, Dec.
22, 1894.
1893.
No. 217. An Act to create a new
school district in Marion County out
of portions of Hillsboro and Car-
michael Townships, to be known as
Union High School District. 21
Stats., 310.
Repealed by No. 703. An Act to
repeal an Act entitled "An Act to
create a new school district in
Marion County out of portions of
Hillsboro and Carmichael Town-
ships, to be known as Union High
School District." 21 Stats., 1063.
No. 393. An Act to provide for
the appointment of a special Con-
stable for the vicinity of Lambs,
and to define his powers and duties.
21 Stats., 571.
Repealed by No. 391. An Act to
repeal an Act entitled "An Act to
provide for the appointment of a
special Constable for the vicinity of
Lambs and to define his powers and
duties," approved December 22d,
1893. 22 Stats., 651, Feb. 25, 1897.
No. 291. An Act to amend an Act
entitled "An Act to provide for the
establishment of separate school
districts in the several cities, in-
corporated towns and villages in
this State, to authorize the levy and
collection of special taxes therein,
and to authorize the levy and col-
lection of special taxes in the sev-
eral school districts now formed or
hereafter to be formed outside of
cities, incorporated towns and vil-
lages," approved December 24th,
A. D. 1888. 21 Stats., 402.
Repealed by No. 184. An Act to
declare the free school law of- the
State. 22 Stats., 150, March 9,
1896.
No. 327. An Act to amend an Act
entitled "An Act to provide for the
formation of certain corporations
under general laws," Approved De-
cember 23, 1886. 21 Stats., 501.
Repealed by No. 45. An Act to
provide for the formation of certain
corporations and to define the pow-
ers thereof. 22 Stats., 92, March
9, 1896.
OF SOUTH CAROLINA.
REPEALED STATUTE. REPEALED BY,
1894.
1229
No. 533. An Act to provide for
the appointment of a Board of Po-
lice Commissioners, and for the re-
organization of the police, and to
provide salaries for the same, in
cities and incorporated towns, when
deemed necessary or advisable for
the better enforcement of the law in
cities and towns. 21 Stats., 787.
No. 507. An Act to amend Section
6d of Act entitled "An Act to amend
an Act entitled 'An Act to provide
for the relief of certain soldiers, sail-
ors, and widows of soldiers or sail-
ors, of the late war between the
States,' Approved December 24th,
1887," approved December 24th,
1888. 21 Stats., 714.
And No. 554. An Act providing for
the continuance of pensions to cer-
tain widows of soldiers and sailors
who have been duly admitted upon
the pension rolls. 21 Stats., 825.
No. 650. An Act to change the
regular day for Sheriff's, Clerk's and
Master's sales in Greenville County.
21 Stats., 975.
No. 608. An Act to change the
days for the opening of the Circuit
Courts in Greenville County. 21
Stats., 911.
No. 614. An Act to incorporate
the town of Delmar, in Edgefield
County. 21 Stats., 916.
No. 640. An Act relating to roads
and highways in Barnwell County.
21 Stats., 954.
Repealed by No. 44. An Act to
repeal an Act entitled "An Act to
provide for the appointment of a
Board of Police Commissioners, and
for the reorganization of the police,
and to provide salaries for the same
in cities and incorporated towns,
when deemed necessary or advisable
for the better enforcement of law in
cities and towns," approved Decem-
ber 24th, 1894. 23 Stats., 74, Feb.
15, 1899.
Repealed by No. 225. An Act to
provide for pensions for certain sol-
diers and sailors, now residents of
South Carolina, who were in the
service of the State or of the Con-
federate States in the late war be-
tween the States. 23 Stats., 409,
Feb. 19, 1900.
Repealed by No. 199. An Act to
repeal an Act entitled "An Act to
change the regular day for Sheriff's,
Clerk's and Master's sales in Green-
ville County," approved December
the 22nd, 1S94. 22 Stats., 369.
March 9, 1896.
Repealed by No. 200. An Act to
repeal an Act entitled "An Act to
change the days for the opening of
the Circuit Courts in Greenville
County," approved December 17th,
A. D. 1894, and to conform recog-
nizances and papers to the change.
22 Stats., 369, March 9, 1896.
Repealed by No. 152. An Act to
revoke the charter of the town of
Delmar, in Edgefield County, now
Saluda County. 22 Stats., 318,
B'eb. 25, 1896.
Repealed by No. 109. An Act to
amend an Act entitled "An Act to
provide a system of County govern-
ment for the several Counties of this
State, so far as it relates to the
working and maintaining the roads
and highways in this State." 22
Stats,. 227, March 23, 1896.
1230 APPENDIX TO CIVIL CODE
REPEALED STATUTE REPEALED BY.
1894.
No. 645. Sec. 1 of an Act to regu-
late the pay in Barnwell and Wil-
liamsburg Counties of physicians
testifying as experts and performing
autopsies. 21 Stats., 970.
Repealed by No. 421. An Act to
amend Section 1 of an Act entitled
"An Act to prescribe and fix the
fees of physicians for post mortem
examinations at Coroner's Inquest,"
approved 25th February, 1896, by
making said Act apply to Barnwell,
Bamberg and Williamsburg Coun-
ties, heretofore excepted. 23 Stats.,
734, Feb. 21, 1901.
No. 578. An Act to provide for a
special tax on certain live stock in
Berkeley County to raise a fund for
fencing purposes. 21 Stats., 863.
Repealed by No. 363. An Act to
repeal an Act providing for a special
tax on certain live stock in Berke-
ley County, and to require a license
fee to be paid for keeping certain
live stock within certain fenced ter-
ritory in Berkeley County, and to
provide for repairs of the boundary
fence thereof, and for borrowing
money if necessary. 22 Stats., 626,
Feb. 17, 1897.
No. 573. An Act to amend Section
one of an Act entitled "An Act to
provide for the payment of salaries
to the Sheriff and Clerk of the Court
of Common Pleas and General Ses-
sions and the School Commissioner
of Kershaw County," approved De-
cember 24, 1891. 21 Stats., 851.
Repealed by No. 144. An Act to
repeal Section 1 of an Act entitled
"An Act to amend Section 1 of an
Act entitled 'An Act to provide for
the payment of salaries to the
Sheriff and Clerk of the Court of
Common Pleas and General Sessions
and the School Commissioner of
Kershaw County,' approved Decem-
ber 24th, 1891," approved Decem-
ber 24th, A. D. 1894. 22 Stats.,
307, March 9, 1896.
No. 750. An Act to provide for
the payment of salaries to the Sheriff
and Clerk of the Court of Common
Pleas and General Sessions, Treas-
urer and Auditor of Lexington
County. 21 Stats., 1117.
Repealed by No. 381. An Act to
repeal an Act entitled "An Act to
provide for the payment of salaries
to the Sheriff and Clerk of the
Court of Common Pleas and General
Sessions, Treasurer and Auditor of
Lexington County," approved De-
cember 22d, A. D. 1894. 22 Stats.,
645, Feb. 25, 1897.
1896.
No. 75. An Act to amend the law
as contained in Sections 939, 940,
943 and 950 of the Revised Statutes
of 1893, relating to pensions. 22
Stats., 185.
Repealed by No. 225. An Act to
provide for pensions for certain sol-
diers and sailors, now residents of
South Carolina, who were in the
service of the State or of the Con-
federate States in the late war be-
tween the States. 23 Stats., 409,
Feb. 19, 1900.
OF SOUTH CAROLINA.
123 1
REPEALED STATUTE.
REPEALED BY.
1896.
No. 6. Sec. 2 of an Act to define
the jurisdiction of the City Court of
Charleston and to amend the law
with reference to juries therein. 22
Stats., 13.
Repealed by No. 238. An Act to
declare and establish the jurisdiction
of the Recorder of the City of Char-
leston or any Magistrate holding the
Police Court of the City of Charles-
ton. 22 Stats., 411, Feb. 11, 1897.
No. 52. An Act to fix the rates
for the transportation of passengers
by railroad companies in this State.
22 Stats., 116.
Repealed by No. 262. An Act to
amend an Act entitled "An Act to
require all railroads and railroad
companies operating trains and do-
ing business in this State, to provide
and operate separate coaches, or
separate apartments in coaches, for
the accommodation and transporta-
tion of white and colored passengers
in the State," approved the 19th day
of February, A. D. 1898. 23 Stats.,
457, Feb. 19, 1900.
No. 91. An Act to limit the amount
of land which alien or foreign
corporations may own within this
State. 22 Stats., 211.
Repealed by No. 404. An Act to
limit the number of acres of land
which any alien, or any corporation
controlled by aliens, may own within
this State. 23 Stats., 715, Feb. 19,
1901.
No. 134. An Act to further regu-
Repealed by No.382. An Act to
late the jurisdiction and places of repeal an Act entitled "An Act to
residence of certain Magistrates in
the County of Orangeburg. 22
Stats., 299.
further regulate the jurisdiction
and places of residence of certain
Magistrates in the County of Orange-
burg," approved 9th day of March,
A. D. 189. 22 Stats., 645, March 2,
1897.
No. 312. An Act to amend the
law as contained in Sections 943
and 951 of the Revised Statutes of
1893, and an Act amendatory
thereto, approved 9th March, A. D.
1896, relating to pensions. 22
Stats., 495.
Repealed by No. 225. An Act to
provide for pensions for certain sol-
diers and sailors, now residents of
South Carolina, who were in the
service of the State or of the Con-
federate States in the late war be-
tween the States. 23 Stats., 409,
Feb. 19, 1900.
1898.
No. 542. An Act to repeal an Act
entitled "An Act providing for a
Master for the County of Berkeley,"
approved December 21st, A. D. 1882,
and to devolve the duties of the
Master in Berkeley County upon the
Clerk of Court of Common Pleas.
22 Stats., 874.
Repealed by No. 55. An Act to
provide for the appointment of
Masters for the Counties of Berke-
ley and Dorchester. 23 Stats., 85,
March 1, 1899.
1232 APPENDIX TO CIVIL CODE
REPEALED STATUTE. REPEALED BY.
1898.
No. 612. An Act to amend an Act
entitled "An Act to dispense with
publications annually of the item-
ized statements of their departments
by County Treasurers of Fairfield
and other Counties. 22 Stats., 964.
Partially repealed by No. 79. An
Act to repeal an Act entitled "An
Act to amend an Act entitled 'An
Act to dispense with publications
annually of the itemized statements
of their departments by County
Treasurers of Fairfield and other
Counties,' " so far as the same re-
lates to Abbeville County, and pro-
viding for the publication thereof in
Abbeville County. 23 Stats., 105,
March 2, 1899.
1899.
No. 1. Sec. 7 of an Act to provide
for the County government of the
various Counties of this State. 23
Stats., 1.
Repealed by No. 5. An Act to
amend an Act entitled "An Act to
provide for the County government
of the various Counties in this
State,'' passed at the regular session
of the General Assembly of 1898,
and which became a law on the
12th of January, 1899, so as to ex-
empt Orangeburg and other Coun-
ties from the operations thereof, and
make the same apply to Spartanburg
County. 23 Stats., 9, March 3, 1899.
No. 30. An Act to declare and reg-
ulate the fees of Clerks of the Courts
of Common Pleas and General Ses-
sions in this State, and to provide
a salary in lieu and instead of
costs and fees in criminal cases. 23
Stats., 45.
Partially repealed by No. 387. An
Act to repeal so much of an Act en-
titled "An Act to declare and regu-
late the fees of Clerks of the
Courts of Common Pleas and Gen-
eral Sessions in this State, and to
provide a salary in lieu and instead
of costs and fees in criminal cases,
as relates to Hampton and Marion
Counties (approved the 3d day of
March, A. D. 1899) and to restore
fees. 23 Stats., 672, Feb. 19, 1901.
OF SOUTH CAROLINA.
KBPEALBD STATUTE. REPEALED BY.
1900.
1233
No. 166. An Act to amend the
County government Act, as embodied
in the Revised Statutes, and Acts
amendatory, as to worliing roads in
Marlborough County. 23 Stats.,
292.
Repealed by No. 372. An Act to
repeal an Act entitled "An Act to
amend the County government Act
as embodied in the Revised Statutes
and Acts amendatory, as to working
roads in Marlboro County," approved
February 19, 1900 ; also, to amend
an Act, approved February 19, 1900,
entitled "An Act to amend Sections
3 and 4 of an Act entitled 'An Act
to provide a system of County gov-
ernment of the several Counties of
this State, so far as it relates to the
maintaining and working of the
roads and highways of this State,'
approved March 23rd, 1896," and to
make certain special provisions for
the County of Marlboro. 23 Stats.,
640, Feb. 8, 1901.
No. 167. An Act relating to fees
and salaries of the County officers
of the several Counties of this State.
23 Stats., 293.
Partially repealed by No. 381.
An Act to repeal so much of
an Act entitled "An Act relating
to fees and salaries of the County
officers of the several Counties of
this State as relates to il3,rion Coun-
ty and Newberry County," approved
the 19th day of February, A. D.
1900. 28 Stats., 663, Feb. 19, 1901.
No. 172. An Act to amend Section
1 of an Act entitled "An Act to pro-
vide for a salary to the Register of
Mesne Conveyances of Greenville
County, and to require fees for re-
cording to be collected and paid to
the County Treasurer," approved
December 19th, A. D. 1892, so as to
reduce the salary of said officer to
one thousand dollars, and so as to
add a Section to said Act, to be
known as Section 3, providing a
salary for the Clerk of Court of
Clarendon County, and to further
regulate his duties. 23 Stats., 303.
No. 460. An Act to repeal an Act
entitled "An Act to amend Section
1 of an Act entitled 'An Act to pro-
vide for a salary to the Register of
Mesne Conveyances of Greenville
County, and to require fees for re-
cording to be collected and paid to
the County Treasurer,' approved
December 19, A. D. 1892, so as to
reduce the salary of said officer to
one thousand dollars, and so as to
add a Section to said Act to be
known as Section 3, providing a
salary for the Clerk of Court of
Clarendon County, and to further
regulate his duties," approved 9th
day of February, 1900, so far as the
said Act relates to Clarendon Coun-
ty ; and to restore fees. 23 Stata.,
819, Feb. 19, 1901.
78— C.
1234
APPENDIX TO CIVIL CODE
KEPEALED STATUTE.
REPEALED BY.
Code of Civil Procedure, 1S82
Sec. 304.
Repealed by No. 124. An Act to
repeal Section 304 and amend Sec-
tions 310 and 311 of the Code of
Procedure, with respect to the lien
of judgments and executions, and
mode of enforcing the same, substi-
tuting new Sections therefor, to be
known as Sections 310, 311, and to
repeal all Acts and parts of Acts in-
consistent therewith. 19 Stats., 229,
Dec. 24, 1S85.
General Statutes of 1882, 31.
Repealed by Xo. 461. An Act to
repeal Sec. 31 of the General Stat-
utes in relation to the mode of pay-
ment of claims against the State. 18
Stats., 747, Dec. 23, 1884. •
Revised Statutes of 1893, 39-43.
Repealed by No. 437. An Act to
provide for and regulate the public
printing of South Carolina. 22
Stats., 700, Feb. 2, 1898.
Gener-al Statutes of 1SS2, 89-106;
Revised Statutes of 1893, 131-160.
Repealed by No. 22. An Act to
provide for the registration of all
electors in this State qualified to
vote in State, County, municipal.
Congressional and Presidential elec-
tions. 22 Stats., 34, March 5, 1896.
General Statutes of 1882, 107-119 ;
Revised Statutes of 1893, 162-173.
Repealed by No. 21. An Act to
provide for holding elections in this
State. 22 Stats., 29, March 9, 1896.
General Statutes of 1882, 169,
s. d. 23.
Repealed by No. 180. An Act to
repeal sub-division 23 of Section 169.
of the General Statutes, relating to
the exemption of property from tax-
ation. 19 Stats., 333, Dec. 24, 1885.
General Statutes of 1882. 177
Revised Statutes of 1893, 229.
Repealed by No. 440. An Act to
repeal Section 229 of the Revised
Statutes of 1893. being Section 177
of the General Statutes, as to special
returns by merchants for taxation.
22 Stats., 712, Jan. 29th, 1898.
General Statutes of 1882,
Revised Statutes of 1893, 243.
189 ; Repealed by No. 441. An Act to
provide for the taxation of tele-
graph, telephone, palace car, sleep-
ing car, drawing room car, dining
car, express and fast freight joint
stock associations, companies, co-
partnerships and corporations trans-
acting business in the State of South
Carolina, and to repeal all Acts in
conflict. 22 Stats., 713, Feb. 18,
1898.
OF SOUTH CAROLINA.
1234a
REPEALED STATUTE.
REPEALED BY.
General Statutes of 1882,
Revised Statutes of 1893, 322.
263 ; Repealed by No. 515. An Act to
repeal Section 263 of the General
Statutes of 1882 (appearing as Sec-
tion 322 of the Revised Statutes of
1893) requiring County Treasurers
to attend at convenient places to
collect taxes. 21 Stats., 720, Dec.
18, 1894.
General Statutes of 1882, 271.
Repealed by No. 50. An Act to re-
peal Section 271 of the General Stat-
utes of South Carolina, requiring
County Treasurers to publish a notice
of the total rate per centum of levies
for State purposes, and for all other
purposes. 21 Stats., 106, Dec. 19,
1892.
General Statutes of 1882, 283-306.
Repealed by No. 429. An Act in
relation to forfeited lands, delinquent
lands and collection of taxes. 19
Stats., 862, Dec. 24, 1887.
General Statutes of 1882, 475.
Partially repealed by No. 45. An
Act to repeal so much of Section
475 of the General Statutes as pro-
vides that the Governor shall be
ex-officio chairman of the Board of
Visitors of the State Military
Academy. 18 Stats., 67, Dec. 21,
1882.
General Statutes of 1882, 493.
Repealed by No. 394. An Act to
provide for the election of a Com-
missioner to codify the Statute Law
of this State, define his duties, and
to fix his compensation, and for the
publication of such Code and the
disposition of the same. 23 Stats.,
697, Feb 21, 1901.
General Statutes of 1882, 584-598.
Repealed by No. 461. An Act to
abolish the Department of Agricul-
ture, and to devolve all their powers
and duties on the Board of Trustees
of "The Clemson Agricultural College
of South Carolina," except the con-
trol of the phosphate interests of the
State. . 20 Stats., 705, Dec. 24, 1890.
General Statutes of 1882, 599-616.
Repealed by No. 320. An Act to
provide a system of County govern-
ment for the several Counties of the
State. 21 Stats., 481, Jan. 4, 1894.
1234b
APPENDIX TO CIVIL CODE
REPEALED STATUTE.
REPEALED BY.
General Statutes of 1882, 722 and
722a.
Repealed by No. 58. An Act to
make certain changes with regard
to Coroner, Magistrates and County
Commissioners, County officers of
Charleston, which have become neces-
sary by reason of the creation of the
County of Berkeley, out of a part of
Charleston County. 18 Stats., 89,
Dec. 21, 1882.
General Statutes of 1882, 781 to
796.
Partially repealed by No. 136. An
Act to repeal so much of Section 781
to 796, inclusive, Part I., Title VI.,
Chapter XVI., of the General Stat-
utes of this State, "of the office and
duties of Master," as relates to the
County of Lancaster," and to abolish
the office of Master in said County.
18 Stats., 227, Dec. 23, 1882.
General Statutes of 1882, 787 ;
Revised Statutes of 1893, 841.
Repealed by Constitution
1885, Art., II., Sec. 2.
of
General Statutes of 1882, 797 to
821 ; Revised Statutes of 1893, 858
to 883.
Repealed by No. 297. An Act to
provide for the appointment of
Magistrates and to define their
jurisdiction, powers and duties. 22
Stats., 472, March 2, 1897.
General Statutes of 1882, 881 and
882.
Repealed by No. 320. An Act to
provide a system of County govern-
ment for the several Counties of the
State. 21 Stats., 481, Jan. 4, 1894.
General Statutes of 1882, 919,
s. d. 6.
Repealed by an Act to amend sub-
divisions 4 and 5 of Section 919 of
the General Statutes relating to phy-
sicians and to repeal sub-division 6
of said Section. 20 Stats, 54, Dec.
24, 1888.
Revised Statutes of 1893, 939 to
955.
Repealed by No. 225. An Act to
provide for pensions for certain sol-
diers and sailors, now residents of
South Carolina, who were in the ser-
vice of the State or of the Confeder-
ate States in the late War Between
the States. 23 Stats., 409, Feb. 19,
1900.
General Statutes of 1882, 986-
1023 ; Revised Statutes of 1893,
1032-1089.
Repealed by No. 63. An Act to de-
clare the free school law of the
State. 22 Stats., 150, March 9,
1896.
OF SOUTH CAROLINA. 1234c
REPEALED STATUTE. REPEALED BY.
General Statutes of 1882, 1040.
General Statutes of 1882, 1027 to
1044.
Repealed by No. 319. An Act to
repeal Section 1040 and to amend
Section 1042, in Chapter XX. of the
General Statutes, entitled "Of the
University of South Carolina." 19
Stats., 603, Dec. 24, 1886.
Repealed by an Act to reorganize
and provide for the University of
South Carolina, constituting the
Board of Trustees of the same, and
defining their powers and duties. 20
Stats., 687, Dec. 23, 1890.
General Statutes of 1882, 1064 and
1071 ; Revised Statutes of 1893, 1160
and 1167.
General Statutes
and 1364 to 1404.
of 1882, 1362
General Statutes of 1882, 1444.
General Statutes of 1882, 1605-
1609.
General Statutes of 1882, 2129:
Revised Statutes of 1893, 2261.
Repealed by No. 109. An Act to
amend an Act entitled "An Act to
provide a system of County Govern-
ment for the several Counties of this
State, so far as it relates to the
working and maintaining the roads
and highways in this State." 22
Stats., 227, March 9, 1896.
Repealed by No. 288. An Act to
provide for the formation of certain
corporations under general laws. 19
Stats., 540, Dec. 23, 1886.
Repealed by No. 9. An Act to
amend an Act entitled "An Act to
provide a general railroad law for
the management and regulation of
railroads in this State, and for the
appointment of a Railroad Commis-
sioner, and to prescribe his powers
and duties," approved February 9,
1882, the said Act being incorpo-
x-ated into and known as Chapter
XL. of the General Statutes of this
State, 1882, and therein entitled,
"Of Railroad Corporations, General
Railroad Law." 18 Stats., 12, Dec.
21, 1882.
Repealed by No. 348. An Act to
amend Section 1604, Chapter 45, of
the General Statutes, entitled "Of
vagrants," and repealing the other
Sections of said Chapter. 21 Stats.,
521, Dec. 22, 1893.
Repealed by Section 4 of No. 238.
An Act to declare and establish the
jurisdiction of the Recorder of the
City of Charleston or any Magistrate
holding the Police Court of the City
of Charleston. 22 Stats., 411, Feb.
11, 1897.
I234d APPENDIX TO CIVIL CODE
REPEALED STATUTE. REPEALED BY
General Statutes of 1882, 2262,
2263 and 2641
Repealed by No. 159. An Act to
declare the law relating to the em-
paneling and challenging of jurors.
XVIII. Stats., 256, Dec. 23, 1882.
General Statutes of 1882, 2262 ;
Revised Statutes of 1893, 2404.
Repealed by No. 367. An Act to
provide for the empaneling of jurors
in the Courts of Common Pleas and
to prescribe the manner in which
civil actions and issues ordered by
the Court shall be tried. 23 Stats.,
633, Feb. 15, 1901.
General Statutes of 1882, 2234,
2235 and 2255.
Repealed by No. 351. An Act to
amend Chapter LXXXVII. of the
General Statutes, relating to juries,
and entitled "Of juries." 21 Stats.,
523, Dec. 18, 1893.
General Statutes of 1882, 2236,
2237 ; Revised Statutes of. 1893, 2375
and 2376 and 2402.
Repealed by No. 9. An Act to
amend Sections 2375, 2376 and 2402
of Volume I., Revised Statutes of
1893. 22 Stats., 16, March 9, 1896 ;
Sections 1 and 2 of which are re-
pealed in turn by No. 1, an Act to
provide for the County government
of the various Counties of this State.
23 Stats., 1, Jan. 12, 1899.
General Statutes of 1882, 2601-
2609.
Repealed by No. 219. An Act to
repeal Chapter CIX. of the General
Statutes of the State of South Caro-
lina, relating to offences against civil
rights. 20 Stats., 362, Dec. 24, 1889.
General Statutes of 1882, 2631
and 2637.
Repealed by No. 460. An Act to
repeal Sections 2631 and 2637 of the
General Statutes, and to provide for
cases of absence, inability or disabil-
ity of the Jury Commissioner. 18
Stats., 746, Dec. 23, 1884.
Revised Statutes of 1893, 2552.
Repealed by No. 258. An Act re-
lating to costs. 22 Stats., 429, Feb.
17, 1897.
ALPHABETICAL INDEX
TO
CODE OF LAWS OF SOUTH CAROLINA.
volume: I.
A
SEC.
Abatement —
Of taxes, record of • • • ; ^^
Certain actions not to abate on death of plaintiff 2859
Abbeville County —
Location and boundaries 530
Voting precincts in ^°3
Number of Representatives ^
Drainage in
Magistrates in • ^°°4
Duty of Commissioners as to drainage in i4oo
Traffic in seed cotton in ^549, 155°
No. Cotton Weighers in ^555
Salary Clerk of Court (s- d. 3) 3I07
Road tax in.
1390
Abstract of Judgments —
Clerk to keep 9IT
Accounts —
Of State Treasurer to be examined annually ■■■ 79
to be closed annually and examined by Joint
Committee of General Assembly 78
Against County, how made out and verified 80°
how filed 8°7
when barred 808
how audited and allowed °^°
And commissions of Executors and Administrators 2555-2563
1236 INDEX TO CIVIL CODE.
SEC.
Accounts — (Continued.)
Of Probate Judge as public Guardian 2684- 2687
Of Guardians ; supervision of Probate Judge over 2672- 2674
Of school funds kept by County Treasurer 400
Of County Treasurers, annual settlement 431- 439
Actions —
Against infant, when maintained 2656
On representations as to character, when maintained 2657
For the recovery of minor children 2691
Against students, in certain cases not allowed 2696
" For imputing want of chastity to a female 2838
To vacate certain charters 308, 2209
For fines and penalties 2207
For recovery of property lost at gambling 2305
For injury to certain stock by dogs 2352
For inj ury to stock in certain fields 1557
Right of, by joint debtor 2843
United States may bring, in Courts of this State 2822
Trial of, at chambers, in certain cases 2736
Against person wrongfully disseizing 2967
Persons under arrest in civil, may petition Court 3072
On account of illegal trusts and combinations 2846, 2847
By street railway employes 2848
By County or City, for expenses — maintaining paupers of other
places 1058
Actions by and Against Executors and Administrators —
For wrongful acts causing death 2851
For whose benefit 2852
Limitation of 2853
When barred 2854
Against trespassers 2855
Against, when one or more out of the State 2857
When may be commenced 2858
Survival of right of, in certain cases 2859
For additional compensation, when may be brought 2561
None in certain cases 2652
Against County in cases of lynching 2844
Acts and Joint Resolutions —
How bound 57
To be delivered to State Librarian 58
How delivered and distributed 59
To whom distributed 60
When to take effect 36
Effect of repeal 37
Construction of words of 38
Contract for publication of 39
INDEX TO CIVIL CODE. 1237
SEC.
Acts and Joint Resolutions — (Continued.)
Publication of 42
Indexing and making marginal notes, &c 63
References to Code — amendments 61
Preparation for publication 63
Adjoining Land Owners —
Party walls 2454, 2455
Adjutant General —
How and when elected ; term of office ; pay and rank of .459
Vacancy in office of, how filled 460
Reports of, to Commander-in-Chief 461
Duties of 462
Appoints Assistant Adjutant and Inspector General ; salary of 463
Armorer ; salary and duties of 464
Ordnance Sergeant ; salary and duties of 465
May purchase materials for repair of arms, &c 466
May lend arms to military school 467
To prepare and distribute copies of Militia Law 468
Is one of the Board of State Canvassers 224
Regimental returns made to 469
Administration —
Letters of, to whom granted 2501, 2512
to one creditor to be for the benefit of all 2513
By Clerk transmitted to his successor 2524
Acts of successors validated 2525
Outgoing Clerk to turn over assets to successor 2526
Mode of granting letters 2516
How revoked • 2559
(See Executors and Administrators.)
Administrators —
To whom letters granted 2512
Letters to one creditor to be for the benefit of others 2513
Payment of debts by, to be in proportion of assets 2514
On death of, letters de bonis non to be granted 25x5
Mode of granting letters to 2516
Oath of 2517
Bond of 2518
To whom bond payable 2519
Proceedings for relief of sureties on bond 2520
Of executors liable for conversion of goods 2521
Letters on derelict estate, how granted 2522
Liability of, in their own wrong 2529
Inventory to be made by 2531
Publish notice to creditors 2536
Not liable if creditor neglects to render statement 2537
Order of payment of debts 2538
1238 INDEX TO CIVIL CODE.
SEC.
Administrators — (Continued.)
When crops to be assets in hands of 2539
When emblements to be assets 2540
When and how they may compromise demands coming into their
hands 2542
To give bond for administration of funds from sale of land in
aid of assets 2544
How proceeds of sale of land to be paid to 2545
To account for assets 2546
To account to Probate Judge 2555
Penalty for not accounting 2556
How to account 2557
How non-resident cited to account 2558
Proceedings in default of accounting 2559
Commissions of 2560
Action for additional compensation of 2561
Apportionment of commissions 2562
When commissions allowed estate of deceased 2563
When personally liable for taxes 262
Actions by and against 2850-2859
With will annexed may sell 2601
Liability for taking insufficient security 2602
May purchase at sale of the estate under liability of actual value. . 2603
To obtain order of Probate Court for sale of personal property. . . . 2605
May sell certain evidences of indebtedness 2608
Actions by, for damages 2851, 2855
May take out execution under judgment, &c. : 2856
Action against, when one or more is out of the State 2857
When action against may be commenced 2858
Survival of actions to and against 2859
Grant of letters, with will annexed 2501
With will annexed ; oath 2503
With will annexed; bond 2504, 2505, 2506
Adoption —
Of children 2704
Adulteration —
Of food, drugs and liquors 1582
Advancements —
Portions to children to be accounted for 2471
Advances —
[See Liens.]
Adverti sem ent —
For estray 2275, 2277, 2279
Of legal notices 3091, 3092, 3093
INDEX TO CIVIL CODE. 1239
SEC.
Affidavits —
Clerk of Court may take 915
Notaries Public may take 665
Probate Judge may take 963
Commissioners of Deeds may take 670
Foreign Notary Publics may take 671
Agency —
Acts of agents good if principal be dead, when 1678
Notes made upon death of principal and passed upon by agent
after, when valid 1679
Agreements —
Action not to be brought upon certain parol 2652
Agricultural College —
[See Clemson Agricultural College.]
Agricultural Liens —
Lien of landlord for rent and advances 3057
Lien of laborers 3058
Lien for advances 3059
Rank of liens 3060
Lien for advances to be indexed, &c 3061
Foreclosure of, by Clerk 3062
Magistrate 3063
Requisite of affidavits in foreclosure 3064
When creditor may foreclose before debt becomes due 3065
Lien on supplies ; remedy on 3066
Right of replevy 3067
Aiken County —
Location and boundaries 531
Voting precincts in 203
Number of Representatives 12
Special provisions as to jurors 291 1, 2927
Magistrates in 1005
Traffic in seed cotton in 1549
"No. cotton weighers in 1555
Salary Clerk of Court (s. d. 3) 3107
Fees Sheriff dieting prisoners 31 18
Alienation —
[See Conveyances.]
Aliens —
Titles to lands through, legalized 2359
Rights of, in lands I795, 2360
May inherit as though native born 2469
Widows of, same rights as naturalized 2470
1240 INDEX TO CIVIL CODE.
SEC.
Allotment of Dower —
[See Dower.]
Anderson County —
Location and boundaries 53-2
Voting precincts in 203
Number of Representatives 12
Drainage in 1465
Magistrates in 1006
Probate Judge to act as Master in 965
Traffic in seed cotton in 1549, 155°
No. cotton weighers in Anderson Township 1555
Cotton weigher in Honea Path 1556
Fees Clerk of Court in 3108
Masters in 3ii3
Probate Judge in 311S
Sheriff in 3ii9
Constables' fees in 3122
Road tax in 1390
Animals —
Carriage of 2125
Prohibited from running at large 1497
Lien of owners of certain, on 3068
Estrays 2275- 2285
Appeals —
Allowed from decision of Quarantine Officer 1159
From County Board of Education to State Board 1203
From City Court of Charleston 2790
From County Court 2756
From Registration Officers 180
From County Board of Canvassers 228
From Arbitrators 2849
From award in arbitration court 2808
Proceedings in case of, by insolvent debtors 3085
From matters determined at chambers 2737
Apothecaries —
How appointed and who to examine 1116, 1117
Licenses for 1118, 969
Applicants to undergo examination 1119
Who exempt from examination 1120
To be registered by Pharmaceutical Association 1121
Record of sale of poisons to be kept by 1124
Poisonous medicines and drugs, how to be labeled 1125
Sale of patent medicines 1 126
Not debarred from action against students for medicines 2698
INDEX TO CIVIL CODE. 1241
SEC.
Apportionment —
Of members of House of Representatives 12
Appraisements and Inventories —
How made 2531
How made when goods in several Counties 2532
May be given in evidence 2533
Appraisers —
How appointed in estates 2531
Pay of 2534
Oath of 2535
To set off homestead 2626
Pay of 3128, 2637
Apprentices —
Persons may take and teach 2705
How bound 2706
Assignment of indentures to be certified by Magistrate ■ 2707
Term of services of 2708
Indentures valid to executor, &c 2709
Clerk of Board of Commissioners of Charleston Orphan House
vested with powers of Magistrate as to 2710
Indentures valid without certificate of Magistrate 2711
To serve for period for which bound 2712
Males not after 21, females not after 18 2713
Two Magistrates have jurisdiction of complaints by 2714
Appropriations —
How certain, to be drawn from State Treasurer 710, 711
State Treasurer to raise accounts for 7^^
Arbitration —
Proceedings by 2777-2797, 2849
Arbitrators —
[See City Court of Charleston for Arbitration] 2777-2797
Appointed with consent of parties 2849
Arms of State Militia —
[See Militia.]
Arrest —
Liability of Sheriff or Deputy for illegal 846
Who privileged from 847
No female to be, in any civil action 848
Sheriff, duty as to, in civil action 850
Assessment —
Uniform for all tax purposes 387
Comptroller General to prescribe forms for 267
Annual return of personal property for 268
1242 INDEX TO CIVIL CODE.
SEC.
AssESSMEXT — (Continued.)
Penalty for failure to list 364, 332, 333
What persons must make return for , 268
To be at its true value 337
How certain articles to be valued 338
At what places propert}' shall be returned for 270
When returns to be made for 272
Manufacturers 273
Pawnbrokers 274
Mines and mining claims 275
Returns of railroad and other like companies 276
Of railroad companies to be made to Comptroller General for. .. . 277
Railroad companies to make to County Auditors for 278
how assessed 279
How errors in, may be corrected 366
Corporations organized under law of State, how 304
to list property- for, as individuals are required 306
Companies incorporated under joint charter assessed as prescribed
in charter 307
Return of express, telephone and telegraph companies for 301, 291
foreign insurance companies for 302
Bank stock, how assessed 313
Penaltj' for failure to list property- 333
When no return, Auditor to make statement and assess 324
Persons commencing business after first of Januarj- 334
How propert}^ valued 337
certain property valued 338
[See Taxes, Taxation, Auditor and Comptroller General.}
Assessors —
State Board of 283
Comptroller General certifies action of, to County- Auditor. . . .284, 296
State Board of, to assess value of railroad propert}" 28;
Proceedings to determine right of railroad companies as to exemp-
tion from taxation 2S6
Assessing railroad property not on tax books 287
To assess property' of telegraph, telephone, express and sleeping
car companies 293
Proceedings to assess 294, 295
Assessments enforced 298
County Boards of, how organized 376> 378
Chairmen of Township Boards constitute Board of Equalization. . 378
Township, how appointed ; pay of 37^! 3/8
To discover property'' not returned for taxation 379
Duty in assessing and equalizing values 377; 380
Meeting of County Boards 381
Special Board of Assessors in cities and towns 383
In Charleston 384
In Columbia 385
INDEX TO CIVIL CODE. 1243
SEC.
Assessors — (Continued.)
Township Commissioners as 377) 378
Duties of County Boards of 381, 380
Compensation of 27'^> 27°
Assignee —
May call creditors together 2639
To return statement of proceedings every three months 2645
Commissions of 2°4o
For insolvent debtors, how appointed 3075
Assignment —
For the benefit of creditors 2638-2649
Of trust, to be in writing 2585
By insolvent debtors 3075, 3076
Of homestead 2626- 2637
Assistant Attorney General —
How appointed, salary 038
Associations —
Name to be sued under 2229
On whom process may be served 2230
Liability under final process 2231
Asylum —
[See State Hospital for Insane] 2247-2274
Attachment —
When Constable serves, on personal property, to list the same 1050
On mechanic's lien, preferred 3034
Creditor under, may apply proceeds to satisfy execution 3035
Subsequent, to be satisfied after liens 3036
Intervening between two liens, how satisfied 3037
Rights of attaching creditors between themselves 3038
Attorney at Law —
No Sheriff, his deputy or clerk to act as 829
Not to be taken as bail o5i
When Clerk of Court may act as 9i6
Master cannot act as, in civil cases 97i
Penalty for practicing unless admitted and sworn 2811
By whom license granted 2812
Qualification for admittance 2813
Oaths of; roll of 2814
Removal or suspension of 2815, 2816
Penalty for speculating practice 2817
Not allowed more than two hours for argument • • • 2818
Any party may act as, in his own cause or that of any other with
leave of Court, without reward 2819
Costs of, in Supreme Court 3098
in cases on contracts liquidated Jan. 12, 1893 3099
1244 INDEX TO CIVIL CODE.
SEC.
Attorney General —
To report annually to General Assembly 75
When defends County Treasurer and other oflficers 419
To prosecute parties who entrench upon property of State 163
Salary of 638
Bond of 639
Duties of 640-646, 652- 654
To be paid contingent expenses in civil cases 647
No fees to be taken from prosecutors 648
Accounts to Treasurer for fees 649
Vacancy in, how filled 614
Duty of, on banks failing to publish quarterly statements 1766
Duties of, relating to foreign insurance companies 1822
To bring action on request of R. R. Commission 2202
To bring action for fines and forfeitures 2202, 2207
May employ assistant counsel in suits on Dispensers' bonds 586
To bring actions against trusts, &c. 2846
To sue for penalties on official bonds 586, 653
To bring action to vacate charters, when 308, 2209
Attornments —
By tenants to strangers void 2413
Auctions and Vendues —
Auctioneers to give bond 1608
Purchasers at sales refusing to comply with terms liable to losses
on resale 1609
Remedy against 1610
Responsibility for loss of goods 1611
Auditors —
How appointed ; term of office 339
Governor may suspend, in certain cases, subject to action of Senate 340
Salaries and compensation of 341
Duties of 342- 374
Cost of investigation by, how paid 360
What cost to be allowed 361
To add penalty on refusal to list, &c 330, 362
Acts of, not reviewable by Court 363
To assess property not returned 364
May allow further time when failure to make return by reason
of sickness or absence 365
To correct error in assessments, how 366
Keep record of sale and conveyance of real estate 366, 949, 2458
Transmit abstract of duplicate to Comptroller annually 367
Must answer Comptroller General's inquiries 368
May administer oaths 369
Comptroller General to furnish forms to 370
Office to be examined by Comptroller General 371
INDEX TO CIVIL CODE. 1245
SEC.
Auditors — (Continued.)
Duties of, as to returns of banks 316, 317, 320
Returns of railroad companies to 278, 279
express, telephone, sleeping car, and telegraph com-
panies to 296, 297
foreign insurance companies to 302
domestic insurance companies to 303
other corporations to 304- 307
personal property to 268
when destroyed, evidence 372
To notify Foreman of Grand Jury and Comptroller General of
day of settlement 434
When to buy for Sinking Fun4 Commission 108, 424
Power to force returns of banks 324
Powers of, when no returns made 332, 330
Persons commencing business after January ist to make re-
turns to 334, 335
To state taxpayer's school district 346
To report names listed for school taxes 347, 1220
Abatement of taxes, to keep record of 273
Inspection of books, when allowed 374
Fee for entry transfer real estate 3127
Awards —
On arbitrations 2807, 2849
B
Bail —
No attorney or officer of Court to be taken as 851
Bailiffs —
To attend County Courts 2767
Constables summoned to act as, &c 1055
Bailments —
See carriers, 1708-1711; warehousemen, 1732-1738; innkeeper,
1741 ; Mechanics, 1739-1740; pawnbrokers 1748-1756
Ballot Boxes —
Provisions as to 212
Ballots —
Voting to be by 210
Separate and distinct for different officers 211
Bamberg County —
Location and boundaries 533
Magistrates in 1007
Number of Representatives 12
Voting precincts 203
1246 INDEX TO CIVIL CODE.
SEC.
Bamberg County — (Continued.)
Traffic in seed cotton in i549j i5S0
Fees of Clerk of Court in 3103
Salaries County officers in 3132
Township Commissioners I349-I35i> 764- 766
Roads in, working, &c 1351
special tax 1361
Banks and Banking —
How assessed and taxed 313- 324
Who are bankers 323
What annual returns of to contain 321
How average obtained 322
Power of Auditor to force return of 324
May make loans and open accounts, &c 1757
May invest in State or United States stock 1758
Penalty if circulating notes exceeds three times gold, &c 1759
To report weekly to Comptroller General 1760
Penalty for failure to report 1761
Felony to receive deposits after knowledge of insolvency 1762
Not to pay mutilated notes unless security given 1763
Definition of bank note and bank of issue 1764
Parts of charters of, repugnant to certain Sections repealed 1765
To publish quarterly statement 1766
Subject to examination 1767, 1778
State Bank Examiner 1768
Advisory Board to 1769
Examiner's duties 1770
oath 1771
bond 1772
salarj"^ 1773
Powers of 1774
Liability of stockholders 1775
Directors of, not to borrow from 1776
Powers of Directors I777j 1778
Formation of banking companies 1880-1901
Barrels —
[See Pork.]
Barnwell County —
Location and boundaries 534
Voting precincts in 203
Number of Representatives 12
Magistrates in 1008
Traffic in seed cotton in 1549? ISSO
Fees of Clerk of Court in 3103
Dieting prisoners, no fees for Sheriff 31 18
Salaries County officers 3135
Township Commissioners in I349-I35I) 764- 766
Roads in, working 1351
INDEX TO CIVIL CODE. 124;
SEC.
Bastards —
Legacy or devise to, when void 2487
Conveyances to, when void 2368
Beacons —
Sites for, ceded to the United States 3
Beaufort County —
Location and boundaries 535
Voting precincts in 203
Number of Representatives 12
Magistrates in ^°°9
Certain lands in, vested in town of I59
ceded to the United States 3
Duty of County Commissioners as to drainage in 1488
Stock Law, special provisions and exemptions in 1497
No. Cotton Weighers in ^555
Fees of Clerk of Court 3i03
Salary of Clerk of Court 3i34
Compensation County Treasurer 3^34
Township Commissioners in I349-I35i. 764- 7^^
Roads in, working ^351
Beef and Pork —
Barrels to contain what, and how packed 1596
Penalty for killing cattle against certain regulations IS97
Barrels to be made of seasoned white or water oak 1598
Beneficial Associations —
[See Fraternal Beneficial Associations] 1830-1841
Mutual Protective Associations 1912-1916
Berkeley County —
Location and boundaries 536
Voting precincts in 203
Number of Representatives 12
Magistrates in 1°^°
Stock Law exemptions in 1504-1506
Traffic in seed cotton in I549-I550
No. Cotton Weighers in 1555
Fees of Clerk of Court 3i02
Salaries County officers 3^33
Betterments —
Purchaser of lessee entitled to recover, when and how 2440
Value of, how determined 2446, 2441
Proceedings to recover 2442
Judgment stayed until sale, &c 2443
When sale to be ordered for 2444
Claim for, may be set up by answer 2445
1248 INDEX TO CIVIL CODE.
SEC.
Betterments — (Continued.)
Value of, how ascertained 2441, 2446
Plaintiff, what he shall not recover 2447
In what cases the provisions in relation to, not applicable 2448
Bigamy —
[See Husband and Wife] 2661
Bill of Credit —
Corporations not to issue as circulating medium 1864
Bills and Notes —
Promissory notes made negotiable and assignable 1665
Inland, of exchange may be protested for non-acceptance i665
Acceptance must be in writing 1667
When protest unnecessary 1668
Bill of exchange accepted for debt, when 1669
Protest good evidence if Notary be dead or absent 1670
Days of grace on bills payable at sight 1671
Protested bill to carry interest 1672
Damages allowed on certain protested bills 1673
Jury may render verdict for difference of exchange on foreign bills. 1674
For less than one dollar void 1675
Maturing on Sunday or legal holiday, when collectible 1676
Given for gambling debts void 2314
What are sealed instruments 1677
Notary's protest evidence of notice, &c 2886
Board —
Of Health 1084-1111
Of examiners of bonds of State officers, how composed and
duties of 593
Of County Commission^ers. [See County Co7}imissione)'s.]
Of Dental Examiners. [See Dentists.]
Of State Canvassers 223- 235
Of County Canvassers 216- 221
Of School Trustees 1210-1218
Of Trustees of South Carolina College 1260-1273
Of Visitors South Carolina MiHtary Academy 1275-1283
Of Trustees of Winthrop College 1284-1287
Of Trustees Clemson College 1302-1325
Of Field Officers of S. C. Vol. Troops in Charleston 492, 493
Bonds —
Of public officers, form of, to be given by all 584
Of Dispensers, form of 585
Printed forms of 587
Comptroller General to furnish forms of 587
Clerks of Court to receive and distribute blanks 588
Number of sureties allowed on, &c 589
INDEX TO CIVIL CODE. 1249
SEC.
Bonds — (Continued.)
By whom examined and approved 590
Who to approve form and execution of 591
Of County officers to be recorded 592
By whom annual examination of made 593
County Commissioners to examine and report annually upon the
sufficiency of County officers 594
Certified copies of, to be used in evidence in suits on 595
Distribution of public moneys recovered on 596
How sureties desiring relief to proceed 597
Proceedings when new, required 598
Of surety companies authorized 599
When foreign companies may write 600
Enforcement of Dispenser's bonds 586
Given for gambling debts void 2308
to defraud creditors void 2369
Of administrator with will annexed 2504-2506
administrators 2519, 2518
executor or administrator in sale of real estate to pay debts. . . . 2544
Debts upon, suable against heirs and devisees jointly 2571
Bonds and Notes —
In absence of witness to, signature may be proved by other testi-
mony 2884
Book of Inquisitions —
Coroner to keep 886, 889
Books —
List of, to be kept by Clerk 911
Sheriff 83;
Of Coroner 886
Master 981
Register of Mesne Conveyances 950
Judge of Probate 960
Magistrates 993
Magistrates, and regulations as to 1003
And stationery for Executive Department 615
Of farmers and planters, when received as evidence 2900
When not admissible to prove debt of liquor sold 2901
Medical, may be read as expert testimony 2902
Insolvent debtor to produce 3087
Boundaries —
Of the State 1
Of Counties 529- 569
Bridges —
Privileges as to, over Savannah River 2
Jurisdiction of County Supervisor over 755
2—1.
1250 INDEX TO CIVIL CODE.
SEC.
Bridges — (Continued.)
Toll bridges must have railing 1416
Be furnished with lights 1417
How to be passed 1418
No fire to be carried on 1419
Building, not fire-proof, not to be erected in fifty feet of 1420
Passage of, by vessels, &c 1421
Duty of County Board of Commissioners as to repair of 1386, 1354
Damages from defective 1347? 2023
[See Highways and Bridges, Ferries and Bridges.]
Bridges and Ferries —
[See Ferries and Bridges.]
Brown Consol Bonds —
Coupons of, how and where paid 703, 704
Interest on, how paid 700
Buildings —
One-half of party walls may be on neighbor's grounds, proviso. . . . 2454
Each owner to pay half expense 2455
Buildings and Land— .
[See Liens on Land and Buildings.]
Business Corporations —
Organization under general laws 1880-1901
Application for charter 1880
Board of Corporators 1881
Subscription to stock. 1883
Certificate of charter 1884
Irregularities in forming 1885
Transfer assets to company 1886
Proceedings to be recorded 1887
Fees for charters 1888
Corporations existing prior to 1895 may procure charters under. .. 1889
Expense obtaining charters 1890
Renewal of charters 1891, 1874-1879, 1891
Amendments to 1892
Powers of 1893, 1895
Stock when issued 1894
Directors in 1896
Books open to inspection 1897
Non-user forfeits charter 1898
Meetings of stockholders 1899
Wharfage charges 1900
Liabilities 1901
INDEX TO CIVIL CODE. 1251
c
SEC.
Canals —
[See Water Courses and Cuts] 1402-1415
Dams and drains 1456-1464
Drainage in certain Counties 1465-1488
Canvassers —
County Board of —
How organized 216
To canvass elections and forward returns to State Board 217
To file duplicate statement in Clerk's office 218
To make separate statement of votes cast for each candidate 219
To make three separate statements 220
Chairman to forward returns, &c 221
Pay of 222
State Board of —
Meeting of 223
Who constitute 224
When no quorum President of Senate acts 225
Make statement of votes cast for each candidate 226
To deliver certificate of election to Secretary of State 227
Declares who elected and decides contested cases on appeal 228
Proceedings on contest as to election of Governor 230
May adjourn from day to day for fifteen days 229
Result of, to be recorded by Secretary of State 231
To furnish certificates to persons declared elected 232
To print statements in public newspapers 233
To send certificate of election of member of Congress to House
of Representatives 234
To keep record of County officers elected 235
Carriers —
[See Common Carriers] 1708-1711
[See Warehousemen] 1732-1738
To publish names and residences of partners 1708
Liability not affected by notice 1709
under certain contracts 1710
Losses to be paid in 60 days 1711
Storage charges on freight 1732
Discrimination in 1733
Overcharges in, penalty 1734
Sale of unclaimed property 1735
advertisement of 1736
disposition proceeds 1737
books of, kept 1738
Catawba Indian Lands —
Catawba Indians may lease land for life or years. 2362
Formal requisites of lease 2363
1252 INDEX TO CIVIL CODE.
SEC.
Catawba Indian Lands — (Continued.)
Certain rights vested in lessees of 2364
Grants to lessees of 2365
Lease of, if lost, how supplied 2366
Catawba Indians —
Governor to appoint Commissioners for 625
Cattle —
Prohibited from running at large 1497
Liability of owners of, trespassing 1498
Trespassing may be seized 1499
When owner of, liable for maintenance 1500
Proceedings when owner unknown 1501
Proceedings on failure of owner to adjust penalty 1502
[See Stock Law.]
Census —
When taken Const., Art. III., 3
How taken 164
Takers of, appointed by Governor 165
Oath of takers of 166
Duties of takers 167
Members of families must give information on oath 168
Returns must be deposited with County Auditor under seal 169
Division of County into Census Districts, &c 170
Secretary of State to prepare books for, &c 171
If takers of, fail to comply with law. Governor to have taken 172
Pay of takers of 173
Cessions —
Of territory to the United States 3
Concurrent jurisdiction retained by the State 6
Chain Gangs —
Convicts on. Municipal Courts may sentence 772, 775
worked, under County Supervisor 773
care of, guards, &c 774, 775
may be hired to other Counties 776
exchange of labor 777
expense of maintaining 778
hire from, use of 779
clothing 778, 782
dieting 778, 781
committed to jail or penitentiary 783
use to promote public health 780
health of, provisions to preserve 784
working public roads with 1380, 1381
[See also Criminal Code.]
INDEX TO CIVIL CODE. 1253
SEC.
Chambers —
Powers of Judges at 2733, 2736
Judge may grant necessary orders to perpetuate testimony at 2905
Charitable, Social and Religious Societies —
Charters for, by whom issued 1903
Declaration for charter, where filed, &c 1903
Powers of such 1905
Charleston County —
Location and boundaries of 537
Voting precincts in 203
Magistrates in loii
Special provisions relating to Magistrates 1012
Number of Representatives 12
Treasurer of, to appoint deputy 394
Coroners and deputies for 897- 901
Register of Mesne Conveyance of 944- 946
Schools in 1244-1256
Venire for jurors in 2912, 2913
Special Board of* Equalization, how constituted, &c 384
To provide for the poor 1062
Quarantine stations and regulations of 1138-1140
Harbor Commission of ii44, 1172, 1618, 1649-1658
Inspection of flour and grain in I5S9-I577
Inspection of timber and lumber in 1602- 1607
Vacant lands in harbor of, vested in city 158
Health Officer to report monthly ^y
Gauger of 1583-1593
Theatrical entertainments in, how licensed 2318
City Court of ^777-^7^7
Court for the arbitration of mercantile disputes in 2798-2810
Traffic in seed cotton in 1549, ISS^
Exempted from Cotton Weigher's Act 1555
Municipal elections in Charleston 1994
Salary Clerk of Court in (s. d. 3) 3107
Dieting prisoners in, fees 31 18
Township Commissioners in I349-I35i, 764- 766
Roads in, working, &c 1351
Charters —
Subject to amendment or repeal 1842
Provisions applicable to 1843
Powers of private corporations under 1848
For business corporations, how obtained 1880
For charitable, religious, &c., societies, how obtained 1902
Mutual Protection Associations 1914
Railroad, steamboat and canal companies 1921
Fraternal beneficial associations 1834
1254 INDEX TO CIVIL CODE.
SEC.
Charters — (Continued.)
Petition for, by railroad and canal companies 32- 34
For ferries 1431
Chastity —
Imputing want of, to females 2838
Chattel ^Mortgages —
Time for redemption of goods and chattels 3003
Sales under advertisement, &c 3004
Of crops valid only for one j'ear, land to be described 3005
Right of redemption 3006
Postponement of sale or partial payment not to affect lien 3007
Provisions for recording 2456, 950
Descriptions in 3002
Chattels —
Deed of, to use of donor void 2579
^Mortgages of 3003-3007
Cherokee Couxty —
Location and boundaries 538
Magistrates in 1013
Number of Representatives 203
Voting precincts 12
Traffic in seed cotton in , IS49, 1550
Salar}^ Clerk of Court (s. d. 3) 3107
County officers 3136
Township Commissioners in 1349- 135 1, 764- 766
Roads in, working 1351
Chester County —
Location and boundaries 539
Voting precincts in 203
Number of Representatives 12
^lagistrates in 1014
Drainage in 1488
Term of ser\-ice of jurors in 2912
Duty of County Commissioners as to drainage in 1465
Traffic in seed cotton in 1549, ^550
No. Cotton Weighers in 1555
Clerk of Court, salary (s. d. 3) 3107
Township Commissioners in 1349-1351, 764- 766
Roads in, working 1351
tax for 1390
Chesterfield County —
Location and boundaries 540
Voting precincts in 203
Number of Representatives 12
INDEX TO CIVIL CODE. 1255
SEC.
Chesterfield County — (Continued.)
Magistrates in 1015
Stock Law exemptions in 1508
Fees Clerk of Court in (s. d. 3) 3107
Constables cf the State —
Governor to appoint Chief Constable 658
Power and duties of 659
Power of Governor over 660
To enforce Dispensary Law 661
Child —
Advances to, to be deducted 2471
Provision for, born after will 2485
Share of, dying in lifetime of testator 2486
Legacy or devise to bastard or its mother, when void 2487
Posthumous, to receive equal portion 2484
take under will or settlement 2466
Children —
Setting off homestead for 2629
Certain, legitimatized 2663
Custody of, disposed of by father 2689
Action for recovery of 2691
Adoption of 2704
Cholera —
Governor to make regulations regarding 626
Circuit Courts and Judges —
Always open for certain purposes ■ 2733
Power to grant new trials, punish for contempts, &c 2734
May change venue 2735
Power of, at chambers 2736
holding Courts in other Circuits 2737
Jurisdiction in their own Circuits 2738
Judges not to leave State without permission 2739
Salary of 2740
Assigned to Circuits by Supreme Court 2730
Notice of assignment 2730
Provision for inability, vacancy in office, &c 2743
Amenable for neglect of duty as to holding Court 2741
Notify Chief Justice of inability or disability 2742
Special Courts, how obtained 2744
Juries for 274S
business at 2746
salary Special Judge 2747
Stenographer for 2748
compensation 2749
Clerk of, to adjourn in the absence of Judge 920
Records of proceedings of 9^7
1256 INDEX TO CIVIL CODE.
SEC.
Circuit Courts and Judges — (Continued.)
Clerk of, to keep certain books 911
Master to attend sittings of Common Pleas in his County 973
report to 980
May grant petition to change name 2699, 2700
To have a seal for Common Pleas 2823
Attendants at, free from arrest, except for certain offenses 2824
[See Judges.]
Circuit Solicitors —
[See Solicitors.]
Circus —
Must have license from Clerk 2319
Municipal authorities may grant license to 2320
Citadel Buildings —
[See South Carolina Academy.]
City Council of Charleston —
[See Charleston.]
City Court of Charleston 2777-2797
Citizens —
How legal settlements of, may be acquired 1057
Civil Actions —
For w^rongful acts causing death 2851
For whose benefit brought 2852
Limitation of 2853
When action barred 2854
Against trespassers 2855
Against one executor when one or more out of State 2857
When against executor or administrator may be commenced 2858
Survival of right of 2859
[See Actions.]
Claims —
Against State —
How considered and passed by General Assembly 29
When barred 30
Against Counties —
[See County Board of Commissioners.]
Clarendon County —
Location and boundaries 541
Voting precincts in ' 203
Number of Representatives 12
Magistrates in 1016
Stock Law, exemptions in 1507
INDEX TO CIVIL CODE. 1257
SEC.
Clarendon County — (Continued.)
Trafific in seed cotton in 1549, ISSO
Fees of Clerk of Court in 3103
Salary of Clerk of Court in (s. d. 3) 3107
Sheriff in 3137
Clem SON Agricultural and Mechanical College —
Acceptance of the Clemson devise 1300
College established 1301
Board of Trustees, &c 1302
Incorporation and powers 1303
Expenditure of moneys appropriated, &c 1304
To report annually to the Legislature 1305
State Treasurer to invest funds of bequest 1306
State Treasurer to collect and invest in Brown Consols 1307
One-half Land Scrip Fund vested in Trustees of 1308
To have one-half of Public Land Fund 1309
Hatch Fund vested in Trustees 1309
Trustees may license or prohibit sales 1322
Powers and duties of Commissioners of Agriculture devolved
upon Trustees of 1311
Power to construct railroad, &c 1314-1316
Veterinarian of 1317
Police powers of Trustees 1321
Meeting of Board of 1312
Duties and powers of Board 1313
Board to report annually to Legislature 1325
Three members of Board to constitute State Board of Entomology. 741
Privilege tax to be paid to State Treasurer, subject to order of
Board of 1536, 1319
Trustees to have fertilizers inspected 1529, 1540
experiments with fertilizers 1530
to appoint inspectors of fertilizers 1531
may employ analyst 1532
to provide inspection tags for fertilizers 1534
for illegal sales of fertilizers accrue to 1536, 1537
copies of labels on packages of fertilizers to be filed with. 1538
Chemist's certificates in evidence I539, 1541
Analyses of fertilizers at purchaser's request 1540
Clerk —
Of Supreme Court —
Appointment ; term of office 2725
Duties of 2725
Salary of » 2725
Of Board of County Commissioners —
To countersign checks of Board 796, 767, 809
Salary of 763
Of Court of Common Pleas and General Sessions —
i2s8 INDEX TO CIVIL CODE.
. SEC.
Clerk — (Continued.)
Election of 902
Vacancy in office of, how filled 903
Penalty of official bonds 904
Official oaths 905
May appoint deputy 906
Office days, hours and duties 907
Clerical regulations of office 908
Have charge of court house 909
How papers of office to be filed, arranged and endorsed 910
Books to be kept by 911
Size of books required to be kept 912
To read minutes of Judge before adjournment daily 913
Not to permit books or records to be removed from office 914
May administer oaths, take depositions and affidavits and renun-
ciation of dower 915
When may act as attorney 916
Not to act as Sheriff 917
To enforce Jury Laws 918
To issue jurors certificate 919
To adjourn Court in absence of Judge 920
To issue writs 921
Duties in County Court 2765
Fees of 3102-31 11
To witness and approve security for cost 922
May grant writ of dedimus potestatem 923
To enter satisfaction of judgments and mortgages 924
To act as Probate Judge, when 925
Sheriff, when 926
To enter renewal and satisfaction of executions 927
To administer oaths to Magistrates 928
Duties in respect to oath and bond of Constable 929
How accounts against County to be rendered 930
To certify contingent accounts of certain officials 931
furnish County Commissioners with certificate as to liens of
record, when 933
keep standard weights and measures 933
make annual returns to County Commissioners as to fines
and forfeitures 934
Responsible for office books, papers and furniture 935
To pay fines and license fees to Treasurer 936
report fines, licenses, &c., collected monthly to Auditor 937
Penalty for not paying over funds 938, 939
To report to Court as to funds in hand 940
attach bill of costs to executions. . .' 941
Records of mortgages on lands sold by order of Court to be
satisfied 942
Be Register of Mesne Conveyance, except in Charleston and
Greenville Counties 945
INDEX TO CIVIL CODE. 1259
SEC.
Clerk — (Continued.)
Supervisor of Registration to deposit books with, for safe-
keeping 192
To report list of persons convicted of disqualifying offenses to
Supervisor of Registration 188
receive and distribute blank bonds to County officials 588
examine and approve bonds of County Commissioners 590
Offices of, to be examined by Solicitors annually 654
Description of County Commissioners' seal to be filed in office of. 793
County to pay fees of, in State cases yg\.
Sheriff to take oath before 828
No Sheriff to act as 829
Coroner to return inquisitions to 890
Master to deposit books with, when 981
To distribute books to Magistrates 1003
To keep weights and measures established by law in his office. . 1614
Certificate of limited partnership to be filed in office of 1685
To grant license to hawkers and peddlers 1743
keep books of record for joint stock companies 2227
organize jury in proceeding for right of way 21S8
file certificates in case of estrays 2281
Penalty for refusal to perform duties as to estrays 228}
To administer on derelict estates, when 2523
Duties as administrator, &c 2524-2526
Duties of, in setting off homestead 2635
To keep a journal of Probate Judge as public guardian 2687
Duties of, in proceedings in change of names 2701
To enter and certify orders for payment of money 2829
Penalty for failure to obey order of Court to deposit money. . . . 2830
To subpoena witnesses 286 1
May grant commission to examine witnesses 286S
May take depositions 2878
To compel attendance of witnesses 2879
Fees for taking depositions 2880
To issue venires for jurors 2913
be present at drawing of jurors '. 2917
assist in drawing additional jurors 2924
issue warrant to seize crop under lien 3062
summons creditors of insolvents 3073
examine into the merits of petition of insolvent 3074
appoint assignee of insolvent 3075
empanel jury to try issue on insolvent's petition 3079
return names of defaulting jurors 3081
issue order on default of insolvent's bond 3085
Of Managers of Election —
[See Elections.l
Of General Assembly —
To furnish pay certificates to members 25
Duties of. [See General Assembly.]
i26o INDEX TO CIVIL CODE.
SEC.
Code Commissioner —
Election, term, salary, vacancy 62
Duties 62
Annual Report 63
Decennial Report 64
Code —
How amended 61
Colleges —
State University 1257
Degree Licentiate of Instruction to be conferred bj' 1258
Greek Letter Fraternities in State 1259
Scholarships in College of Charleston.* 1247
Reports to State Superintendent of Education 1243
See South Carolina College 1260- 1273
Military Academy 1274-1283
Winthrop Normal and Industrial College 1284-1292
Colored Normal, Industrial, Agricultural and Mechanical Col-
lege of S. C 1293-1299
Clemson Agricultural College 1300-1325
College Buildings —
Comptroller General to insure annually 162
Colleton County —
Location and boundaries 542
Voting precincts in 203
Stock Law exemptions in 1509
Traffic seed cotton in IS49, I550
Fees Clerk of Court in 3103
Roads in, working 1358
Number of Representatives 12
Magistrates in 1017
Duty of County Commissioners as to drainage in 1488
Term of service of jurors in 2927
Commercial fertilizers 1529-1542
Colored Normal, Industrial^ Agricultural and Mechanical College of
South Carolina —
Established ; Trustees 1293
Duties and powers 1294
Rights and privileges 1295
Separated from Claflin University 1295
Trustees to provide buildings, and Professors to arrange the
courses of study 1296
Board of Trustees, quorum 1297
Land Scrip Fund 1298
Public Land Funds 1299
INDEX TO CIVIL CODE. 1261
SEC.
Commissioners of Deaf^ Dumb and Blind —
Report to Legislature 17
Commissioners of Deeds (i^l- 671
Commissioners of Election —
[See Elections^
Commissioners of Sinking Fund —
[See Sinking Fund Commission.]
Commissioners —
To Take Testimony —
How appointed 2868
Subpoena for witnesses to be issued 2872
To attend upon witnesses unable to leave home by reason of old
age ; their liability in certain cases 2877
To Admeasure Dower —
How denominated ; duty of 2401
Court appoints, when 2402
To have regard to true value of land; when sum of money may
be assessed 2404
To Partition —
Appointment, duties, &c 2438
Fees of Commissioners in dower and partition 3128
COM,MISSIONS —
Retiring Sheriff entitled to one-half on money turned over to his
successor 840
For executor and administrator 2560
For additional, when action may be brought 2561
Apportionment of, when and how 2562
Allowed to estate of executor, when 2563
Of trustees • 2590
Of guardians forfeited, failing to render annual returns 2672
Of guardians 2678
Of deceased guardians 2679
Of escheators 2995
Of Clerk of Court of Common Pleas 3107, 3108, 3109, 3110, 3111
Of Masters 3ii3
Of Sheriffs 3118, 3ii9. 3I20
Of Constables 3121, 3122
Commissions to Take Testimony —
Judge or Clerk of Court may grant, when 2868
Notice of application, &c 2869
From Another State —
Subpoena to be issued, when 2872
Subpoena on, how served, &c 2873
Costs and fees for 3107, 3111
1262 INDEX TO CIVIL CODE.
SEC.
Commissions to Take Testimony — (Continued.)
Fees of witnesses attending under 2873
Officers of State Hospital for Insane may be examined under. .. 2871
Attachment for contempt against defaulting witnesses under. .. . 2874
Committees, Joint Legislative —
To examine books, accounts, &c., of officers 78- 81
To examine work of Code Commissioner 82
Common Carriers —
To publish names and residences of parties interested in business,
how and when 1708
Liability at common law not affected by public notice, &c 1709
Responsibility under certain contracts 1710
Losses to be paid in sixty days 1711
See Warehousemen 1732-1738
[See Carriers.]
Companies —
Joint stock must record articles of agreement, &c., where 2224
Suits against, how brought, whom service may be made on 2225
Liability of, for debt after transfer; how discharged 2226
Books for recording articles to be by Clerk; his fees 2227
Not applicable to chartered companies 2228
[See Associations.]
Compensation —
Of members of General Assembly 14
Of officers and attachees General Assembly 20, 23
Composition With Creditors —
By Joint debtor 2841
Comptroller General —
Bond of, salary, office hours 672
Examines Treasurer's vouchers 673
Examines Treasurer's cash and books 674
Superintends transfer of money, &c., from Treasurer to suc-
cessor, &c 67s
Prepares annual estimates for General Assembly 676
Payment by Treasurer on his warrant ; exception 677
To keep duplicate of books of Treasurer and report balance sheet
to General Assembly 678
To keep record of settlement with County Treasurers 679
Reports, &c., to be made to —
Persons having distribution of public money must report to,
when 68
Report of indebtedness to State to be made to 69
Regents of State Hospital for the Insane to report to, when. ... 76
Railroad companies to make returns to; how made and what to
contain 277
INDEX TO CIVIL CODE. 1263
SEC.
Comptroller General — (Continued.)
Express, sleeping car, telephone and telegraph companies make
returns ; when and what to contain 291
County Treasurer to report to 403
' State officers furnish lists of books, &c., needed to 615
Solicitor to report to, when 656
State Treasurer to report to, when, &c 70S
County Board of Commissioners to report to, when 799
Reports, &c., to be made by —
Time 65
To annually make to General Assembly, of all debts due the
State 70
report to General Assembly statement of County taxes 680
also as to money due State 681
examine and report accounts of persons distributing public
funds 682
report also names of pensioners of State 683
unappropriated funds in Treasury 684
examine claims against State, and report to General As-
sembly 29
General Duties and Powers of —
Enter in books accounts of persons distributing public money. . 687
Collates and publishes monthly returns of banks 688
Publish return of banks of issue ; forms of 689
To enforce forfeiture against defaulting banks; may examine
books ; when 690
Shall insure University buildings 691
To furnish offices to State officers 692
May extend time for assessment and collection of taxes, &c 693
When to pay County Auditors 694
Furnishes State Printer copies of reports for publication 695
Prescribes system of bookkeeping and examines books for cer-
tain County officers 439
To insure College buildings 162
audit claims of Messenger of Presidential Electors 244
pay election officers ; other expenses of election 222
certify action of State Board of Assessors to County Audi-
tors 284
to County Auditor failure of express and telegraph
&c., companies to make returns 300
prepare pension blanks 1082
issue warrants for pensions 1081
appoint pension clerk 672
prescribe form for returns of such companies ; his powers
relative thereto 3°!
form of tax return and oath 267
forms of assessment; books for County Auditors. . 352
To notify Auditor of rates for State purposes 353
To furnish forms and instructions to Auditors 37°
1264 INDEX TO CIVIL CODE.
SEC.
Comptroller General — (Continued.)
To examine books of Auditors annually 371
May remit penalty in certain cases 408
To examine certain bonds ^ 593
Transmits results of Board of Equalization to Auditors 391
Furnish copies of reports to County officials 437
To procure and distribute form of bonds for officers 587
How books of office paid for 685
Duty of, as to defaulting County Treasurers 686
To examine statement and return of foreign insurance com-
panies, &c , 1804
May examine into business of foreign insurance companies ; his
duties and power 1805, 1806
Congressional Districts 237
Congressmen
How elected 236
Constables — 658- 661
[See also State Constables.]
How chosen 1046
How to qualify ; bond, &c 1047
Oaths of office 1048
May act throughout the County 1049
Execution and return of process 1050
Must specify articles levied on 1050
Sales by ; notice of 1050
Paying over money collected 1050
Must execute orders 1050
Service of process, how made 1051
Executions, when and how returned 1052
Liability for neglect, &c 1053
Oppression in office 1054
To attend Circuit Courts, when 1055
Oaths of office to be administered by Clerk of Court 929
Special provisions as to Magistrates' Constables in various Coun-
ties 1004- 1044
Fees of 3121, 3122
[See State Constables.]
Construction of Words —
In Acts 38
In Deeds and Wills 2464
Construction of Contracts —
Secured by mortgage 1661
Contempt —
County Commissioners may punish for 771
Sheriffs punishable for, when 844, 845, 846, 855, 856
INDEX TO CIVIL CODE. 1265
SEC.
Contempt — (Continued.)
Magistrate may punish for 989
Circuit Courts may punish for 2734
City Court of Charleston may punish for 2789
By attorneys, &c., how punished 2815
Penalty for, of Court ; offender to be heard 2825
Violation of the peace within the hearing of the Court 2826
Clerk or other officers to be deemed in, when 2830
Witnesses failing to attend, when in 2865
Commissioners to take testimony, cannot punish for 2874
Failing to attend examination before Clerk, guilty of 2879
CONTRACTS' —
Secured by mortgage ; construction 1661
Gambling 2305- 2309
Of land owners and laborers, requisites of 2715
For sale for future delivery 2310- 2314
Division of crops under 2716
Secured by mortgages, construction of 1661
Void under Statute of Frauds 2650- 2657
[See Laborers.]
Contribution —
Claim against co-surety for 2840
Conveyances —
Form and execution of 2367
Certain conveyances void 2368- 2373
To be endorsed by County Auditor before record 366
Certain ancient, made valid 2354, 2358
Upon good consideration valid 2373
Of estate held by infant in trust 2609- 2611
Prerequisites to recording 948, 949
Registration of 2456, 2459
Convicts —
[See Chain Gang.]
Coroner —
Election of 878
Term of office 879
Vacancy, how filled 880
Official bond .\ 881
oath 882
When to be commissioned 883
Deputies of, appointment and duties 884
Not to act under appointment of Sheriff ; penalty 885
Office, where kept ; book of inquisition 886
To take inquests 887
Magistrate to act as, when 888
3-1.
1266 INDEX TO CIVIL CODE.
SEC.
Coroner — (Continued.)
Book of inquisitions 889
Inquisitions, &c., to be returned to Clerk; when 890
Endorsement on return 891
To act as Sheriff, in what cases 892
When Sheriff's office vacant, to act as Sheriff generally; his book,
and what to be entered therein 893
Not bound to act except specially instructed, &c 894
To make list of prisoners; when, how made, and where lodged. . . . 895
To turn over papers, &c., to succeeding Sheriff 896
Fees of 3124
Charleston County — Special Provisions —
Salary of; Deputy of; salary of; special deputy 897
Duties of, and Deputy 898
Magistrates out of limits of city, and in County of, Charleston to
hold inquests, &c 899
Salaries, how paid , 900
County Commissioners to provide office, books, &c., for; proviso. . . 901
CORPOR ATIO N S —
All charters of, subject to amendment or repeal 1842
Provisions applicable to, except railroads and banks 1843
Liability of stockholders 1843
Fraudulent representations by directors 1843
Bond of Treasurer of 1844
Stockholders' meetings, &c 1845
Cumulative stock, how voted 1846
Certificates of stock 1847
Powers of private 1848
Majority of former Boards in exercise of powers 1849
Time for which to organize 1850
Increase of capital stock 1851
Decrease of capital stock 1852
Meetings for increasing debt of, must be advertised 1851
Increase to be reported to Secretary of State 185 1
Restrictions on issue of stock 1855
Preferred stock, to be issued 1856
Notice and meeting stockholders 1857
Vote required 1858
On organization 1859
' Conditions to i860
Status of stock in manufacturing companies 1861
Status of stock in other corporations 1843
Claims against, interest on 1862
May recover debts from their members 1863
Not to issue bills of credit 1864
Failure to pay taxes forfeits charter 1865
Dissolution of 1866- 1873
Receivers for 1869- 1871
INDEX TO CIVIL CODE. 1267
SEC.
Corporations — (Continued.)
Renewal of charters before expiration 1874- 1879
after expiration 1891
Amendments to 1892
How former corporations may obtain new charters 1889
Duration of charters 1891
Expenses and fees for 1888, 1890
For what purposes charters granted 1880
Board of corporators 1881
Subscriptions to 1882
Organization, &c 1883
Certificate of charter 1910, 1884
Effect of irregularities 1906, 1885
Board to turn over property to company 1886
Secretary of State to keep records of. 1911, 1887
Powers of 1900, 1895, 1893
Directors, who may be 1896
Liabilities and rights 1901
Stock must be paid for before issued 1894
Books to be open for inspection 1897
Effect of non-user of franchise 1898, 1899
Charitable, social and religious ; declarations for charter, what to
contain, &c 1902- 1904
Powers of 1905
How dissolved 1907
Charters amended 1908
Business corporations 1880- 1901
Mutual protection societies 1912- 1916
Fraternal beneficial associations 1830- 1841
Insurance companies 1796- 1829
Telephone, telegraph companies 221 1- 2223
Express companies 2220
Municipal corporations 1936- 2023
Railroad, steamboat and canal companies 1917- 1934
Railroads, general law 2024- 2210
Refusing to pay taxes, charters to be revoked 1865
Foreign generally I779- I795
P'oreign insurance 1796- 1823
Foreign surety 1827- 1829
Private, organization under general laws 1880- 1934
Draining, incorporation, powers, etc 2232- 2246
[See Railroads, Drainage Corporations, Joint Stock and other
Associations, Express and Telegraph Companies.]
Costs —
To follow event of action, &c 3096
Regulated in partition cases 3097
Foreclosure cases 3097
Settlement of estates 3097
1268 INDEX TO CIVIL CODE.
SEC.
Costs — (Continued.)
For references 3097
To successful party 3097
For proving claims 3097
For mileage •. 3097
Attorney's costs on appeal 3098
In actions pending or contracts liquidated January 13, 1893 3099
Plaintiff's attorney's 3099
Defendant's attorney's 3099
Plaintiff's and defendant's attorney's in equity causes 3099
Of certain officers 3100
Secretary of State 3101
Clerks of Circuit Court ; 3102-3104, 3107- 3111
Referees 31 12
Masters 3097, 3113
Register of Mesne Conveyance 3103, 3105
Probate Judges 3114- 3116
Magistrates 3117
Sheriffs 3118- 3120
Constables 3121, 3122
Notaries Public 3123
Coroners 3124
Physicians and surgeons 3125
Deputy Surveyors 3126
County Auditors 3127
Appraisers 3128
Commissioners in dower and partition 3128
Witnesses 3130, 3131, 2864
Jurors' per diem, &c 2938
Penalty for excessive charges 3129
Of officers of City Court of Charleston 2794
In civil actions for injuries causing death 2853
On rehearing before Arbitration Court 2809
In actions to perpetuate testimony 2908
To jury for verdict 2939
In prohibition and mandamus 3000
In actions to enforce builders' liens 3043
Discretionary with the Court in such cases 3044
For maintaining insolvent debtor in custody 3090
For advertising legal notices 3091, 3092
Cotton and Cotton Seed —
Tax on prohibited ; exception 1543
Rate of storage prescribed 1544
Weight of bushel of seed 1615
Record of cotton bales bought, to be kept 1546
Size of bales 1547
Seed cotton, sale regulated 1545, 1551
Seed cotton sale, license for IS49> I5S0
INDEX TO CIVIL CODE. 1269
SEC.
Cotton and Cotton Seed — (Continued.)
Sea island cotton, license for sale 1548
Public cotton weighers elected 1552
Public cotton weighers, oath, &c 1553
Public cotton weighers, duties 1554
Public cotton weighers, where not required 1555
Public cotton weighers in Honea Path 1556
Public cotton weighers in Lancaster County 1558
Public cotton weighers in Pickens and Oconee 1557
Counsellors —
[See Attorneys.]
Counties —
Names, location and boundaries of 529- 569
New, how formed 573- 578
Property of 570
Removal of Court House 579
Lines changed 580
Consolidation of 581
Public officers having charge of public buildings of, may insure. . . 571
Property of, exempt from levy and sale 572
County Board of Commissioners to submit estimate of expenses
to General Assembly 799
Claims against, how made out and verified 806
Claims against, when barred 808
Magistrates in 1004- 1044
To be divided into school districts 1205
Liable for damages for defective highways 1347
To bear equal expense of bridges across waters forming boundary
lines 1387
Not liable to repair for mill dams or bridges over which highway
passes 1388
County Auditor —
[See Auditor.]
County Board of Canvassers 216-
22:
County Board of Commissioners —
How composed 756, 757
Chairman of 758
Compensation 760
Bonds of y62
Accounts to be presented to 767
Duty of 761
Duties of Board of Equalization devolved upon 648
Compensation of 760
Meetings of 765
Annual report of, to Court 768
Quarterly reports published 769
1270 INDEX TO CIVIL CODE.
SEC.
County Board of Commissioners — (Continued.)
Copy claims furnished Legislators 770
Care of convicts on chaingang 774
May use chaingang to promote public health 780
To diet convicts 781
To clothe convicts 782
To employ physician for 784
May borrow money in certain Counties 816
To have supervision of Poor House and farm 785
To make regulations for Poor House 786
To receive all gifts and legacies for the poor 787
May apprentice poor children 788
To make all contracts for supplying Poor House, &c 790
Claims for the Poor House, how proved and paid 791
To report to Court as to Poor House 792
Fees to be paid by 794
Court fees, how paid 795
Certain fees to be approved 796
Sheriff and other officers to execute the legal orders of 797
Clerk of Board; appointment, duties, oath and compensation of . . . . y63
How special meetings called 765
Chairman may administer oaths 771
May punish for contempt 771
Powers of, at annual meetings 804
To make estimate of County expenses for General Assembly 799
Records of meetings 802
County funds not subject to levy 803
Fiscal year ; time and notice of annual meeting ; claims against Co. 804
Fees and expenses chargeable on County 805
Claims against- County, how made out and verified 806
Claims, how entered ; "File Book" 807
Claims, when barred 808
No order to be drawn until Treasurer reports funds to meet them 809
Accounts audited and allowed; how designated and enclosed. .767, 810
Comptroller to prescribe forms and system of bookkeeping 811
Certified copies of accounts ; how obtained 810
Annual estimate of County charges; when and how made out; to
whom sent, &c 799
Annual report to Comptroller-General 799
To furnish Treasurer, Auditor, School Commissioner and other of-
ficers, with office rooms, &c 812
To furnish rooms for Courts and officers, when 813
To provide hospital accommodations for the poor 786
Extra allowances to salaried officer forbidden 814
May change name of township ; notice 815
Report to General Assembly 86
Action for failure to report for taxation brought in name of 336
To examine annually the bonds of County officers, &c 594
provide books for registering bonds of County officers 592
INDEX TO CIVIL CODE. 1271
SEC.
County Board of Commissioners — (Continued.)
To furnish certain books to Judge of Probate 960
defray expenses of Clerk of Court 908
care for poor in other places 1058
May bind out children chargeable to County 788
To receive legacies given for the use of the poor 787
May bind out illegitimate pauper children 788
bring illegitimate children before the Board by warrant 788
Manner of obtaining right of way for highway, roads, &c 1392, 1393
County Courts —
Appeals from 2756
Establishment in certain Counties 2750- 2776
Election as tc establishment 2750, 2751
Clerk of Court, duties as to 2765
Counties exempted from provisions as to 2776
County Judge, election, term 2759
County Judge, powers, duties 2760
County Judge, salary 2773
County Judge, not to practice law in certain cases 2774
County Judge, to appoint Stenographer 2775
County Solicitor, to be appointed 2771
County Solicitor, duties 2771, 2772
County Solicitor, salary 2773
County Solicitor, not to practice in certain cases 2774
County Stenographer, appointment, duties, &c 2775
Court of Record 2753
Jurisdiction 2752
Jurisdiction of Magistrates where County Courts exist 2769, 2770
Jurors, how drawn and summoned for 2763
Jurors, compensation of 2768
Jurors, Grand, in 2762
Jurors, trial by in 2758
Jurors, peremptory challenges to 2757
Pleading and practice in : .2754, 2755
Sheriff's duties as to 2766
Bailiffs in 2767
Terms of 2761
County Officers —
Election for, when held 253
Vacancy in, how filled 254
Oath of, in respect to sharing profits 583
Bonds of, to be recorded in office Register Mesne Conveyance 592
Provisions as to suits on bonds of 595
Not to issue certificates of indebtedness ; exception 609
To turn moneys to successors 605
Not to exceed appropriation in contracts 606
Not to divert public funds 607
1272 INDEX TO CIVIL CODE.
SEC.
County Officers — (Continued.)
Not to absent themselves from State 608
To keep itemized statement of costs and fees 611
Receipts by, book showing 612
County Supervisor —
Election, term. 753
Bond 754
Duties, j urisdiction 755
A Member Board of County Commissioners 756, 757
Chairman of Board of County Commissioners 758
Salary of 759, Box
To publish quarterly reports 769
To furnish duplicate copies claims 770
To furnish certified copies claims 810
To have charge of chaingang 773
May hire convicts to other Counties 776
May exchange convict labor 777
To diet convicts at cost 781
To furnish clothing for convicts 782
May commit convicts to jail or penitentiary 783
To procure seal for County 793
To approve jurors', constables' and witnesses' fees 795
Accounts of to be approved by County Commissioners 796
Penalty for failure to perform duties 800
Records to be kept by 802
To draw warrants on County Treasurer, when 809
May borrow money for County 816
How to use money borrowed for County 818
To keep record of fees, &c., received by County officers 612
Order hands to open new roads 1395
County Superintendent of Education —
When elected 253
Election, term and bond of 1 186
Vacancies to be filled by appointment, &c 1 187
Oaths of office 1 186, 1041
Offices, &c., furnished by County 1192
Seal to be kept by 1 196
Duties of 1188
Annual report to State Superintendent of Education 1190
School officers to report to State Superintendent through 1046
Contents of Report 1190
To report annually to Court of Sessions 1191
To report quarterly to Comptroller-General 1048
To attend annual settlement of County Treasurer and produce
vouchers ° 1 189
To conform to instructions of State Superintendent 1194
To apportion school fund, &c 1 189
INDEX TO CIVIL CODE. 1273
SEC.
County Superintendent of Education — (Continued.)
Compensation of i ^97
What shall be taught in schools 1201
Annual report to County Treasurer ii93
Register of approved claims to be kept ii94
Member of County Board of Education Ii99
County Treasurer —
Appointment of ; qualification 392
Suspension and removal from office 393
- Of Charleston and Berkeley Counties may appoint deputies 394
Commissions of 395
Powers and duties of 396- 411
When to keep office open 39^
To attend at convenient places for collection of taxes 397
To collect taxes 398
Accounts with School Districts 400
General cash account 400
Remittances to State Treasurer 401
Notify County Commissioners, &c., of collections 402
Report monthly to Comptroller General 403
Report to Superintendent of Education 404) 1223
Report to Court 405
Delinquent taxes 4o6- 411
May proceed by suit as well as by distress warrant to collect tax. . 410
How to enforce delinquent tax against chattels in another County 411
Settlement with Auditor 43i- 439
May enforce lien for taxes, how 263
To distrain personal property for taxes 409
Issue execution to Sheriff ; form of 42i
Fees and charges for collecting taxes 422
Execution against municipal property 425
Duplicate executions, when issued 429
Magistrates to make monthly report to 1000
Clerk of Court to turn over certain fines and penalties to 93^
Clerk of Court to report monthly to, as to licenses, &c 937
Sheriff to report monthly to 869
Sheriff to pay over taxes collected 872
To use poll tax for County educational purposes 1202
To report who paid poll tax 1222
May advertise and sell unclaimed stranded goods 2286
When and how County Commissioners draw against 767, 791, 809
[See Taxes and Taxation.]
Court Houses —
Clerks of Court to have charge of ; regulation concerning 909
County Commissioners to provide 813
Removal of 579
1274 INDEX TO CIVIL CODE.
SEC.
Courts —
May order taxes paid out of real estate sold by their order 263
May appoint surveyor for land in dispute 2452
Jurisdiction of Common Pleas in issues afifecting marriage 2660
Certified copies of entries on Sherifif's books evidence in 2894
Copies of grants and plats issued by North and South Carolina,
vifhen admissible in 2895
Certified copies of deeds of land, when admissible 2896
Recorded instruments, not lost 2897
Foreign instruments, when admissible 2899
Farmers' and planters' books, when admissible 2900
Books not evidence in, to prove debt for liquors 2901
Medical books evidence in, when 2902
Application to substitute new records in 2903
Lost records of, how perpetuated 2904
Jurisdiction of Judge at chambers in matter of preserving evidence 2905
Penalty for contempt of 2825
Violation of the peace within the hearing of 2826
Witness, juror or party may affirm 2827
Moneys paid in, to be deposited in bank 2828
Moneys, how to be drawn 2829
Of Common Pleas to have seal 2823
Suits may be prosecuted in name of United States 2822
Persons attending exempt from arrest ; exception 2824
No process to be discontinued by failure to hold 2831
Copies of Acts, &c., to be evidence in 2888
Copies of municipal ordinances 2889
Laws of other States, how admitted in evidence 2890
Transcript of record evidence in 2891
Copies of certain instruments kept in public offices, how admitted. . 2892
Jurisdiction of, in partition 2437- 2439
Copy of papers from the office of Superintendent of Education
evidence in 2893
No Judge to preside where related to party within sixth degree. . . . 2820
Rights in, not affected by color, &c 2821
[See Supreme Court, 2721-2732; Circuit Court, 2733-2749; City
Court of Charleston, 2777-2797; County Courts, 2750-2776;
Court for Arbitration of Mercantile Disputes, 2798-2810;
Arbitrations, 2849; Courts-Martial and Courts of Inquiry
(See Militia), 510-528.]
Court for the Arbitration of Mercantile Disputes in the City of
Charleston 2798- 2810
Covenant —
Damages in action on 2450
Creditors —
Conveyance to defraud, void 2369
May attest execution of will 2480
INDEX TO CIVIL CODE. 1275
SEC.
Creditors — (Continued.)
Wills as against, fraudulent 2488
Failing to render account, executor or administrator not liable 2537
No preference of in equal rank in payment of debts 2538
Preferred, in suits against heirs 2575
To appoint agent in case of assignments 2638
To be called together by assignee 2639
May meet and appoint agents, in case of neglect by assignee 2640
Majority of debts represented to govern appointment of agent 2641
Refusal to appoint agents, assignees may sell 2642
Certain verbal agreements of sale void as against , 2655
Composition by joint debtor with ,. 2841
Credits —
Definition of, with regard to taxation 265
Crops —
Under-tenants to have possession until finished 2410
Widow may bequeath crop on dower lands 2478
To be assets in hands of executor, when 2539
Division of, between landlord and laborer 2716
Laborers to have lien on, &c 3058
Lien of landlord on, for rent and advances 3057
Lien on, for advances 3059
Rank of lien on 3060
Lien on, for advances to be indexed in office of Register of Mesne
Conveyance 3061
Clerk's warrant for seizure and sale of; how obtained, &c 3062
Proceedings in Magistrate's Court ; when 3063
Requisites of affidavits to obtain warrant of seizure for, &c 3064
Lien creditor on, may proceed, when 3065
Lien on, for supplies ; remedies on 3066
Replevy of, seized ; bond, &c 3067
Courtesy, Estates by —
Abolished 2670
D
Damages —
Clerk of Court liable for books, &c., and furniture in his office;
when 935
Register of Mesne Conveyances liable for incorrect certificates 951
Judge of Probate liable for books, &c., in his office 964
Constables liable to action for ; when 1053, 1054
Allowed on certain protested bills of exchange 1673
Persons imputing want of chastity to females liable for 2838
For extortion by officer 3129
Liability of common carriers for 1709, 1710, 171 1
1276 INDEX TO CIVIL CODE.
SEC.
Damages — (Continued.)
Liability of warehousemen, &c., for 1724
innkeeper for, limited 1741
To real estate, survival of right of action > 2859
Illegal combinations 2847
In case of lynching 2844
Death by wrongful act 2851
Witnesses liable for failing to attend, &c 2865
Treble, to plaintiff in action for forcible entry 2968
In mandamus, place of trial, &c 3001, 3000
Respondent not liable ; when 3001
Costs in certain actions for, not to exceed recovery of less than $100. 3096
County liable to for injuries from defective highways 1347
Municipal corporations also liable 2023
Tender of ; effect of refusal 1348
Measure of, in actions upon covenant for land 2450
Assessment of, for trespass or waste 2451
By trespassing stock ; remedy 1499, 1498
For injuring or chasing stock 1527
sheep killed by dogs. 2352
injuries by railroads. . .2117, 2135, 2138, 2139, 2155, 2176, 1734
2208, 1375
inj uries by telegraph companies 2223
Dams —
On navigable streams .' 1410
Compensation for use of stream 141 1
On Horse Creek 1411
Fishways over 2347
Fish traps near 1412
Erection of, regulated 1413
Must not be erected or water let off to the injury of others 1456
To be opened by loth March in certain cases 1457
Mode of obtaining redress if not so opened 1458
Redress for obstructing surplus water on rice grounds 1459
Penalty for obstructing or stopping up, &c 1460
Inadequate, to be strengthened 1461
Residents only summoned to survey rice lands; compensation, &c. 1462
Penalty on Magistrates for neglect of duty in relation to 1463
Not to keep water on others' land 1464
Owners of mill dams and bridges to keep same in repair 1388
Remedy where dam affects health of neighborhood, nuisance 1488
Darlington County —
Location and boundaries 543
Voting precincts in 203
Number of Representatives 12
Magistrates in 1018
Duty of County Commissioners as to drainage in 1488
INDEX TO CIVIL CODE. 1277
SEC.
Darlington County — (Continued.)
Traffic in seed cotton in iS49. iS50
Salary Clerk of Court (s. d. 3) 3107
Roads in, tax for ^39°
Days of Grace —
Allowed on bills payable at sight 1671
Dead Bodies —
Transportation of ^°94
Embalmers of, to be licensed i°95
Death —
Actions may be brought for wrongful acts causing 2851
For whose benefit to be brought 2852
Limitation as to costs ^°S3
When such action barred 2854
Debtors —
Proceedings for the discharge of 3072, 3090
Debts —
Not extinguished by being executor 2511
Payment of, to be in proportion to assets 2514, 2538
Executors and administrators allowed twelve months to ascertain. . 2536
Creditor not rendering statement of, within the time, executor or
administrator not liable for - 2537
Order of payment of, by executor or administrator 2538
When may compromise ^542
Real estate may be sold for payment of 2543
Upon specialty suable against heirs and devisees 2571
Real estate made liable for 2612
Husband not liable for wife's ; exception 2668
Decree —
To draw legal interest i^^o
Deed —
Prerequisites for recording 948, 2458
Time for recording 2456
Lost deeds, evidence ^904
Recorded deeds when proved by production 2897
Certified copies of, may be produced in evidence 2896
Exemplification of, to be evidence 2899
Sheriff's deeds at tax sales • i"' 426
[See Conveyances.] ^
Delinquent Taxes — "" . .
[See Taxes.]
1278 INDEX TO CIVIL CODE.
SEC.
Dentists —
Must have license 1127
Board of Examiners for 1128
Meeting and powers of Board 1129
Book of Board a record 1130
Quorum of Board 1131
When one member of Board may grant Hcense 1132
To keep record of cases treated 1133
S. C. Dental Association a body corporate 1134
Depositions —
Notaries Public may take 665
Clerks of Court may take 915
Magistrates may take ; when 992
Clerks of Court may take, to be used in evidence 2878
Fees of, for taking 2880
De bene esse, by whom and how taken 2881, 2882
Duty of officer taking 2883
Deputy Clerk of Court —
Clerk appoints, with approval of Court 906
Oaths and duties of, &c 906
!May act as deputy of Register Mesne Conveyance 947
Deputy Constables —
[See Constables.]
Deputy Coroner —
[See Coroner.]
Deputy Sheriff —
[See Sheriff.]
Deputy Sur\tyors —
Fees of • 3126
Derelict Estates —
Clerk of Court to administer on 2523
Clerk's administration transmitted to successor 2524
Acts of successors 2525
Outgoing Clerk to turn over assets to successor 2526
Descent —
Of intestate estates 2467-2474
Devisees —
Liability of, on specialty 2571-2573
[See Sale of Land in Aid of Assets to Pay Debts, 2543-2553.]
DniECTORS OF Corporations — . . ■
[See Corporations.]
INDEX TO CIVIL CODE. 1279
SEC.
Disbursements —
Of public moneys must be published ^^
Discrimination —
Unjust, by railroads prohibited 2084
As to connecting railroads 2098
As to freights 2085, 2095, 2097
As to rates of freight 2099
Discrimination —
None on account of race or color in Courts 2821
Dispensers —
Bonds 58s, 586
Distress —
County Treasurer may collect taxes by 409- 411
For non-payment of rent 2428-2432, 2434, 2435
Distribution —
Of Acts, who entitled to 60
Of intestates' estates 2468-2469, 2564-2570
Dogs —
Worrying, &c., sheep 2351, 2352
Domestic Relations —
Husband and wife .2658-2670
Guardian and ward 2671-2693
Minors 2694-2698
Change of names, &c 2699-2704
Master and servant 2705-2720, 2848
Dorchester County —
Stock Law exemptions in 1510
Location and boundaries 544
Magistrates in 1019
Number of Representatives 12
Voting precincts 203
Traffic in .seed cotton in 1549, 155°
Fees Clerk of Court 3103
Salary Clerk of Court 3107
Salary County officers 3138
Dower —
Master may order admeasurement of 977
Who may take renunciation of 2383
How wife may renounce 2384
Form of certificate 2385, 2395, 2398
Acceptance of distributive share in husband's estate bars. ... 2386, 2474
. . Elopement forfeits 2387
i28o INDEX TO CIVIL CODE.
Dower — (Continued.)
SEC.
Wife having joint use not to have 2388
Not having jointure to have, at common law 2389
Women whose jointure is recovered shall be endowed 2390
May take or refuse jointure after marriage 2391
Wife refusing jointure may demand 2392
Forfeiture of, bars right as distributee 2474
Widows may apply to Probate Judge for 2399
Summons in, upon whom served 2400
Writ of admeasurement, when issued 2401
Commissioners, how nominated 2401
Respondent refusing to nominate, the Court appoints 2402
Commissioners may call in surveyors 2403
How to be admeasured 2404
Value of, how assessed against purchaser 2405
How assessed when husband died seized. 2406
Proceedings for allotment of, in Circuit Courts 2407
Mode of divesting insane women 2393-2398
Dower saved where not legally renounced 2462
Forfeiture of, forfeits distributive share in husband's estate 2474
Drainage —
Dams and drains regulated 1456- 1464
Jurisdiction of County Boards Commissioners over drainage in
certain Counties 1465-1487, 1488
Land-owners to clean streams 1466-1467, 1475
When Board may do so 1469
Right of way for ; how obtained 1470, 1489- 1496
Drains crossing railroads 1477
Drainage affecting health 1488
Draining corporations ; organization ; powers 2232-2246
Inland swamps 2232-2246
Druggists —
[See Apothecaries.]
Duelling —
Peace officers to take oath concerning 582
Attorneys to take oath ■s 2813
Dumb, Deaf and Blind —
Commissioners of, to report to Legislature 77
[See South Carolina Institute for. Sections 1326-1334.]
E
Easements —
In party wall in brick buildings, in town 2454
Each owner to pay half expense 2455
INDEX TO CIVIL CODE. 1281
SEC.
Edgefield County —
Location and boundaries 545
Voting precincts in 203
Magistrates in 1020
Number Representatives 12
Traffic in seed cotton in I549- iSSo
No cotton weighers in 1555
Salary Clerk of Court (s. d. 3) 3107
Fees of Clerk of Court 3109
Education —
Free public schools, &c 1174-1256
State University 1257-1299
Clemson Agricultural College 1300-1325
S. C. Institute for Deaf, Dumb and Blind 1326-1334
Ejectment—
Of trespassers ; proceedings in 2972-2974
Of tenant, deserting premises, &c 2418
Of tenant, for non-payment of rent 2419, 2420
Of tenant, holding over 2421, 2423
Of tenant at will, domestic servants, &c 2422
Elections —
When held, and for what offices 205
Commissioners and Managers of, how appointed 206
Managers may appoint Clerk 207
Commissioners and Managers may organize as Board 207
How conducted 208- 215
Expenses of 222
Board of County Canvassers 216- 221
State Canvassers .223- 235
For Representatives in Congress 236- 239
For President and Vice-President 239- 252
Time for, for County officers 253
Vacancies in, how filled 254
Primary 255- 258
Precincts 202, 203
Municipal in Charleston 1995
for officers 1936-1937, 1941, 1976, 1977, i960, 1965, 1966
as to charter I957) 1963
amendments 1996
bonds 1993, 2008, 2021, 2022
increase of limits 1997
decrease of limits 1998
Commissioners of Public Works 2009
Eminent Domain — Exercise of Right of —
Obtaining right of way for highways, roads, &c 1392- 1393
streets in municipalities. . .1396, 1401, 1967
4-1.
1282 INDEX TO CIVIL CODE.
SEC.
Eminext Domain — Exercise of Right of — (Continued.)
Obtaining right of way for improvement of streams 1411
drainage, &C...1470, 1489-1496, 222,3- 2238
railways 2187-2199, 2033
telegraph &; telephone companies. 2212-2219
Acquiring lands for waterworks, &c., in towns 2012
Entrj' on lands in repairing roads, &c 1367
Electoral College —
Meeting, duties and pay of Electors 246- 252
Electors —
Qualification and Registration of 174- 202
Embalmers —
To be licensed 1095
Emblements —
When to be deemed assets 2540
Employers —
Of minors to pay parents or guardians ; when 2694
To furnish list road hands to overseers 1363
[See Laborers, Landowner, Master and Apprentice, Master and
Servant. 1
Entry —
Lawful claimants of land may have 2956
Rights of, not taken away by death of disseizor 2962
None but lawful, to be made 2963
Magistrates to have jurisdiction if forcible 2964
Feoffments made after, wrongful 2966
Damages for forcible 2968
Proceedings in cases of forcible 2969
Restitution, where forcible entry 2970
Entomologist and State Board of Entomology —
[See State Entomologist, &c] 741- 752
Equalization—
County Board of 381
Township Board of 37^- 380
Special Board of 383- 385
State Board of 388- 39i
Errors —
In taxation; how corrected 413-416, 427
Escape —
Negligent, damages for 862
Criminal prisoner 863
Escaped prisoner, retaking 849
INDEX TO CIVIL CODE. 1283
SEC.
ESCHEATOR —
Secretary of State to act as , 2975
May buy for Sinking Fund Commission 2976
Annual Report 2977
To notify Circuit Judge of any supposed escheated land 2979
Not to purchase escheated lands 2996
Penalty for neglect of duty 2997
Commissions and fees of 2995
Escheats —
Secretary of State to act as Escheator 2975
When to purchase for Sinking Fund Commission 2976
Annual Report of 2977
Property subject to 2978, 2979
Jury to make inquest of 2980
How land advertised 2981
To be escheated, if not claimed in twelve months 2982
How sale advertised 2983
How sale made 2984
Persons showing good title within five years to have compensation. 2985
Lands to be committed to claimant on his giving security 2986
Lands rented until sale, when 2987
Claimant may have damages in certain cases 2987
State not precluded by possession, &c 2988
Of personal property 2989
State Treasurer to advertise, &c 2990
Rights of persons under disabilities 2991
Applies to persons dying without heirs 2992
Not to escheat for felony 2993
Not to contravene any treaty with foreign State ., 2994
Estates —
For life and for years 2408-2413
Held in joint tenancy or in common may be partitioned 2436
Administration of intestates' 2512-2530
Inventories and appraisements of 2531-2535
Limitation of 2464-2466
Intestate 2467-2474
Settlement and distribution of 2564-2570
Conveyances of, held by infants in trust or by way of mortgage 2609
Confirmation of such conveyances 2610
Derelict, administration on 2523-2525
Infant trustee, &c., may be compelled to make such conveyances ... 261 1
Persons having claims to, may compel guardians to produce infant. 2955
Claimant may enter, if infant is not produced 2956
Right of re-entry of infant, when 2958
In what cases guardian may continue in possession of 2959
In what cases guardians holding, adjudged trespassers 2960
Heirs may recover damages for wrongful possession of 2961
1284 INDEX TO CIVIL CODE.
SEC.
Estates — (Continued.)
Entry upon, by lawful heirs, &c 2962
Provisions as to persons beyond seas 2957
Pur autre vie devisable 2477
Trust, assets in the hands of the heir 2586
Power of Judge of Probate over personal estate of testator 2606
ESTRAYS —
Advertising, appraising, sale of, &c 2275-2285
Clerk of Court to keep a book of 91 1
Evidence —
Of signature to bond or note 2884-2885
Certified copy of bond of public officer is, in suit against him 595
Copy from books of State Treasurer admissible in 713
Protest of Notary Public is, if he be dead or absent 1670, 2886
Return of surveyor as to land in dispute allowed in 2453
Appraisement to prove value 2533
Certified copies of orders by Probate Judge appointing adminis-
trators, Src 2850
Attested copies of Acts, &c 2888
Attested copies of municipal records 2889
Foreign laws 2890
Copies of certain instruments kept in public office 2892
Copies of papers in office of Superintendent of Education 2893
Entries in Sheriff's books 2894
Devise not admissible until after probate. 2508
Exemplified copies of will 2494
Copies of grants and plats 2895
Certified copies of deeds 2896
Foreign instruments . . . .- 2899
Restrictions on foreign instruments 2899
Farmers' and planters' books 2900
Books of tavern keepers, &c 2901
Original instruments other than wills 2897
Signatures on bonds and notes 2884, 2885
Survivors to actions attacked for fraud 2887
Sheriff's tax deed iii, 426
Tax duplicate as no
Copies papers filed by foreign corporations 1782
Medical books 2902
Application for leave to substitute new records 2903
Lost deeds 2904
Judge may hear at chambers and grant orders necessary to preserve 2905
May be recorded 2906
Other proof of lost papers 2907
Costs in such proceedings '. 2908
In actions against illegal combinations 2847
INDEX TO CIVIL CODE. 1285
SEC.
Executive Department of the State —
What officers constitute 613
Vacancies in ; how filled 614
Books and stationery for 615
Governor and Lieutenant-Governor 617- 627
Secretary of State 628- (>2>7
Attorney General and Solicitors 638- 657
Comptroller General 672- 695
State Treasurer .696- 724
State Superintendent of Education 1174- 1180
State Librarian 725- 734
State Geologist 735- 740
State Entomologist 741- 752
Adjutant and Inspector General 459- 469
Code Commissioner 62- 64
Executions —
County property exempt from levy and sale under 572
Sheriff, w^hen required, must give reasons for failure to make 858
Penalty against Sheriff or Deputy for purchasing 859
Clerk of Court to issue all, and attach bill of costs to 921, 941
to enter renewal or satisfaction of 927
Constables to levy 1050
to execute and return ; when and how 1052
Liability of Constable for failure to levy, &c 1053
To defraud creditors void 2369
Estate held in trust may be sold under 2613
Circuit Judge may hear motion to stay or set aside 2736
Sheriff to sell property under, at auction 2615
For taxes, annual settlement 102
nulla bona 103
duplicate 429
issuance 104, 106, 421
stay of 109, 427
return of 428
lien 430
Execution Sales —
Advertisement of 3093
Executors —
Actions by and against. 2851-2859
To publish notice to creditors to render demands 2536
Neglecting to render statement by creditor to, not liable 2537
Order of payment of debts by 2538
Crops to be assets in hands of; when 2539
When emblements assets 2540
To give bond for the administration for funds derived from sale of
land to aid assets 2544
To account to Probate Judge annually 2555
1286 INDEX TO CIVIL CODE.
SEC.
Executors — (Continued.)
Penalty for default in making returns 2556
Commissions of 2560
Commissions to estate on death of 2563
Sale by 2600-2608
Oath to be taken by 2503
Of executors not to represent estate of testator 2502
Infirm or distant, may be qualified by commission 2507
To be of full age 2510
Debtors may be 251 1
Not qualifying letters of administration to be granted 2501
When chargeable in their own wrong 2527
Proceedings in Probate Court in their own wrong 2528
Liability of such 2529
When real estate may be sold by, for payment of debts 2543
How money derived from such to be paid out 2545
To account for assets 2546
Probate Judge may cite, &c 2558
Upon failing to account, letters testamentary to be revoked 2559
When action for additional compensation may be brought 2561
Apportionment of commission between 2562
In what cases may sell lands 2600
Liability for taking insufficient security 2602
May purchase at sale of estate ; when 2603
Must give security to account for purchase money 2604
Sale of personal property by 2605-2608
Time of service of apprentices to be assets in hands of 2709
May retain or assign indenture of apprentices 2708
When personally liable for taxes 262
Explosive Compounds — . .
Transportation of — regulations 2150, 215 1
Penalty violating regulations as to 2152
Search warrant for 2153
Forfeiture of 2154
Damages for injuries from 2155
Defined 2156
Express Companies —
Term of, defined; and returns of, for taxation, how made. 289, 291- 299
Penalties for failing to make returns 300
Returns of, having office out of the State; how made 301
Under control of Railroad Commission ; 2220
To contribute to expenses and salaries of 2221
Extortion —
In charge by railroad companies 1734 ; 2083, 2096
charge of costs or fees by officer 3129
INDEX TO CIVIL CODE. 1287
F
SEC.
Factors —
When personally liable for taxes 262
To list property in hands for taxation 271
Factories —
Lien of employes in 3069-3071
Fairfield County —
Location and boundaries 540
Voting precincts in ^°3
Magistrates in ^°2^
Number of Representatives ^2
Traffic in seed cotton in 1549, I550
Fees of Clerk of Court in 3103
Salary of Sheriff in 3146
Roads in, tax for ^390
Fathers —
When personally liable for taxes 262
To list property of minor children for taxation 268
Payment of monies to 2°30
Fees —
[See Costs and Salaries of County Officers, &c.] 3096-3146
Females —
Imputing want of chastity to 2838
Not to be arrested in civil action 848
Fence —
Lavirful defined • ^^25
Fencing
Stock 1497-1528
Ferries and Bridges —
How chartered • ^428
Keepers of ferries to keep banks in order I434
Aprons to be attached to flats I43S
Slips to be kept in repair by owner of ferry 1436
Tolls remitted in certain cases I437
Private ferries to pass exempts gratis 1438
Tolls at, chartered since December ist, 1845 I439
Owners of bridges destroyed may establish temporary ferries 1440
Toll rates must be conspicuously posted I44i
Persons who ford not to pay toll 1442
Distance between ferries, how ascertained 1443
When Commissioner to be appointed to superintend works I444
Duty of Commissioners ^445
Oath of Commissioners ^446
1288 INDEX TO CIVIL CODE.
SEC.
Ferries and Bridges — (Continued.)
Tolls to be paid before passing gates 1447
Warrants may be issued to collect tolls 1448
Persons exempt from toll 1449
Rate of toll 1430, 1450
Penalty for delaying passengers 1451
Application for charter 1428
How charters are granted, term 1429
Report of charters issued 1431
Form of charter 1432
Schedule of steam ferries 1433
Fertilizers —
Privilege tax on 1533
How package to be labeled IS34> IS37
Privilege tax on, to be paid to State Treasurer 1536
Duty of Trustees of Clemson College relating to 1529-1532
Manufacturers to file copy label at Clemson College 1538
Certificate of chemist as to, prima facie evidence of analyses. .1539, 1541
Deficient 10 per cent, fraudulent 1542
To be inspected 1529, 1540
Experiments with 1530
Inspector to be appointed 1531
Analyses of 1532, 1540
Samples, how taken 1532, 1540
Penalty for deficiency in quality 1542
Fiduciaries —
Sales and conveyances by infant Trustees 2609-2611
Fires —
Damages from, liability of railroads 2135
Fire Departments —
In towns of over five hundred inhabitants 1957
one thousand inhabitants 1986
Fire Engines, Hook and Ladder Companies —
Exempt from taxation 266
Fiscal Year —
For each County, to commence when 804
Fish —
Obstruction in streams ; close time, &c 2321
County Commissioners to appoint officers to enforce law 2337
duties of; compensation
of 2322, 2337, 2338
Ways for, to be constructed over artificial dams by manufacturing
companies 2347
INDEX TO CIVIL CODE. 1289
SEC,
Fish — (Continued.)
Shell fish, State to control fisheries 2323
Survey of lands for fisheries 2324
Regulations to franchises 2325-2332
Perpetual franchises granted 2326
License to gather oysters and clams, regulations 2233-23^6
Regulations as to terrapin 2339-2346
To designate fish sluices on rivers ; width of 2348
To be designated yearly 2349
Not to designate sluices through certain dams 2350
Florence County —
Location and boundaries 547
Voting precincts in 203
Number of Representatives 12
Magistrates in 1022
Duty of County Board of Commissioners as to drainage in. . . .1465-1488
Stock Law exemption in 1511, 1512
Cotton Weighers in, compensation, &c 1553
Salary Clerk of Court 3167
Roads in, tax for 1390
Flour —
Inspector of, for city of Charleston; appointment, bond and term. . 1559
Must be inspected before sale ; when ; exception 1560
Regulations as to barrels, &c 1561
To contain what quantity, &c 1562
Manner of inspecting, branding, &c 1563
Inspector's fees 1564
Inspector may appoint deputy, when 1565
Inspector's oath 1566
In transit, not subject to inspection 1567
Charleston Chamber of Commerce may appoint a committee 1568
Committee to arrange standards 1569
settle disputes; when and how; appeal, &c 1570
appoint Inspectors; bonds and qualification of 1571
Inspectors to decide upon grade and soundness of, inspected, &c. . 1572
must see that barrels contain standard weight; Inspec-
tor's fees 1573
Pay of committee 1574
Tolls allowed for grinding 1575
Penalty for taking more toll than allowed 1576
Food, Drugs, Drink —
Defined 1581
Inspection of 1578
Samples for 1580
Publication of list of articles exempted from inspection. 1579
Adulterated 1582
1290 INDEX TO CIVIL CODE.
SEC.
Forcible Entry and Detainer —
None but lawful and peaceable, to be made 2963
Magistrates to have jurisdiction of ^ 2964
To put party ousted in possession 2965
Feoffments made by person wrongfully in possession void 2966
Action may be had against person wrongfully disseizing 2967
In case of recovery, plaintiff to have treble damages 2968
Proceedings in cases of, &c 2969
Restitution of possession shall be given to avoid, in estates for
years, &c 2970
Not to affect tenants who have held by force three years 2971
Foreign Corporations —
Permitted to locate and do business in this State 1779
Prerequisites to doing business 1780
Service of legal process on 1780
Charter, copy to be filed 1781
Statements to be filed 1781
Copies of papers filed in evidence ; 1782
Penalty for failure to file papers ■ 1783
Subject to jurisdiction of State Courts 1784
Submission to State Courts a part of contract by 1785
Jurisdiction of State Court exclusive in actions against 1786
Doing business by, defined 1787* 1788
Administration of assets of 1789
Subject to limitations in State Laws 1790
Foreign railroads, prerequisites to doing business 1791-1794
filing charter, fees, &c 1791
charter must conform to State laws 1792
becoming domestic I793
penalty for violation of regulations 1794
Amount of land which may be held by 1795
May acquire and hold land as natural persons 2360
See Foreign Insurance Companies 1796-1822
Surety Companies 1827- 1829
Fraternal Benefit Associations 1831-1835
Foreign Instruments —
Copies of, may be used in evidence 2899
Restrictions upon use of 2899
Foreign Insurance Companies —
Terms on which they may do business 1796
Withdrawal of securities deposited 1797
Penalty for doing business unlawfully 1798
Assessment companies I799
Must obtain license 1800
Proceedings to obtain license ; requirements as to, &c 1801
Annual statement of company 1802
License to be refused to or withdrawn from insolvent company. . . . 1803
INDEX TO CIVIL CODE. 1291
SEC.
Foreign Insurance Companies — (Continued.)
Assessment companies to be considered insurance companies, &c. . 1804
Requirements as to license, &c 1804
When and by whom license to be issued; annual statement to be
rendered else license revoked 1805
In case of insolvency or fraudulent conduct of business, duty of
Comptroller General 1806
Foreign insurance companies, return to be made by agents; when
and to whom made, &c 302
Preceding provisions not to apply to certain associations 1807
Who to be considered agents of foreign insurance companies 1810
Life insurance for benefit of married women and children 1824
When right to dispute truth of application waived 1825, 1817
Company may sue to vacate policy for false representations within
two years from date of policy 1826
Additional license fees 1808
Quarterly returns of premiums _. 1809
All policies to be issued through resident agents 1811
Examination of records 1812
Returns as to reinsurance 1813
Penalty for violation 1814
Fines and forfeitures 1815
Valued policies 1816
Contributive insurance 1816
Combinations to fix rates 1819-1822
Foreign Surety Companies —
May do business in State ; when 1827
Prerequisites to such privilege 1828
Conditions upon which agent of may act 1827
May be approved and accepted on bonds required by law ; when
and how 1828
Executing bond estopped to deny corporate power 1829
Foreign Laws —
How proved 2890
Forfeited and Abandoned Lands 105- 118
Statement of taxes due, past due on 105
Entry on such lands, and proceedings to collect tax 106
Execution against 106
Fees, costs and expenses on 107
Sheriff's sale of 108
Disposition proceeds of sale 108
When Auditor shall buy for Sinking Fund Commission 108
When bought, assets of State; disposition of 108, 115
Proceedings for relief by former owner or taxpayer 109
Evidence as to payment of taxes, &c no
Evidence, Sheriff's deed as in
Limitation of actions to recover in
1292 INDEX TO CIVIL CODE.
SEC
Forfeited and Abandoned Lands — (Continued.)
SheriflF's duties as to lands bought for Sinking Fund Commis-
sion IIS, ii6
Purchase money refunded purchasers, when ii8
Forfeiture —
For fraudulent conveyances of land 2371
Elopement of wife, of dower 2387
distributive share 2474
Franchises —
Granted by Georgia over bridges and ferries to be valid in South
Carolina 2
[See Corporations.]
Fraternal Beneficial Associations —
Government, obj ects, and regulations 1830
Existing societies 1831
Admission to do business , 1832
Reports to be filed by 1833
Service of process on 1834
Permits to do business ; fee 1835
How formed 1836
Benefits not subject to attachment or le^^ 1837
Transaction of business by 1838
Penalty for failure to make reports, &c 1839
Penalty for doing business without permit 1840
Special provisions 1841
Mutual associations for protection against fire, lightning and
cyclones 1912-1916
Fraud —
In limited partnerships, action for damages 1696
Survivors of parties in transaction impeachable for, may give evi-
dence 2887
By insolvents in making false schedules 3078
Frauds and Perjuries —
Parol lease to have force of estates at will only 2650
No lease assigned by parol 2651
Certain contracts void unless in writing 2652
Contracts for sale of goods for more than $50, when not valid 2653
Parol gifts of chattels, when not valid 2654
Agreement reserving any interest in personal property to vendor
or bailor void against creditors, when 2655
Parol promise to pay debt contracted during infancy void unless in
writing 2656
No action on representations as to character unless same in writing. 2657
INDEX TO CIVIL CODE. 1293
SEC.
Fraudulent Conveyances —
In fraud of creditors, void 2369
purchasers, void 2370
Parties to ; punishment. 2371
With condition of revocation 2ZTi
By will 2488
Freeholders —
May take up estrays, advertise the same, &c 2275
Free Public Schools —
State Superintendent of Education 1174-1180
State Board of Education 1181-1184, 1187, 1230
County Superintendent of Education 1 186-1244
County Board of Education 1 199-1205, 1230, 1239
School District and Trustees 1205-1218, 1226-1230, 1243
Scholastic periods 1232, 1233
Schools in Charleston County 1244-1256
What taught in 1201
Separate for each race 1231
Constitutional tax 1202
Dispensary funds from 1234-1236
Printing for 1237
Books for I239> 1240
Arbor Day observed by 1242
Age of attendance i?29
Apportionment of funds 1 189, 1235
Fruit Trees —
[See State Entomologist, &c., 741-752.']
Fuel and Gas —
For General Assembly I7
For Executive Department 633
G
Gambling —
Loser of money at cards, &c., may recover by action; when 2305
If loser does not sue, other persons may; amount recoverable; how
apportioned 2306
Orders for discovery must be answered upon oath 2307
Notes, securities, &c., to secure wagers void 2314 ; 2308
Conveyances and incumbrances on land; to whom title trans-
ferred, &c 2309
Contracts for sale future delivery 2310-2314
1294 INDEX TO CIVIL CODE.
SEC.
Gaming —
Sheriffs and Coroners and their Deputies, and Magistrates and
Constables, to take oath to enforce penalty against 582
Gates —
May be erected on private roads 1338
County Board of Commissioners may erect, on public highways. . . 1339
Gauging Liquors —
Certain liquors, &c., sold in City of Charleston, to be gauged before
delivery ; Gauger, appointment and term of 1583
Unlawful for others to exercise duties of Gauger; penalty 1584
Fees of Gauger 1585
General Assembly —
Apportionment of Representatives 12
Oaths to be taken by members I3
Compensation of members 14
Stationery and postage of members 15
Stationery for each House 16
Fuel and gas for I7
Officers elected by each House 18
and employees each House 19
Committee Clerks and attaches 20
Solicitors to attend sessions of, and assist in preparation of Acts. . 21
Qualification for appointment of officers and attaches 22
Compensation of officers and attaches 23
^ List of such officers, &c., to be filed with Treasurer 24
Pay certificates for members 25
by whom signed 26
Pay certificates of officers and employees 27
Statement of certificates to be furnished to Comptroller General
and Treasurer 28
Claims against State, how presented, considered and passed by. . . . 29
Claims against State, when debarred payment 30
Introduction of Measures for Private Purposes —
Must be by petition, &c. ; reference to Committee .' 31
Special matters to be set forth in petition 32
Applications for charters of railroad companies, &c., what must
be stated ; notice 33
In other cases merits and particulars to be stated; notice 34
Bill to amend Stock Law entertained only upon petition of ma-
jority of freeholders 35
Special Provisions as to Legislative Enactments —
When they take effect 36
Effect of repeal 37
Construction of words 38
Reports to be made to —
Time for making reports to 65
Comptroller to make report to, of all debts due State 7°
INDEX TO CIVIL CODE. 1295
SEC.
General Assembly — (Continued.)
Secretary of State to make report to, of abstracts of corporations
formed under general law 7i
State Superintendent of Education 7^, 73
Directors of State Penitentiary 74
Attorney General 75
Regents of Asylum 7°
Commissioners of Deaf, Dumb and Blind 77
Census Commission °3
Commissioners of Sinking Fund 84
Railroad Commissioners °5
Code Commissioner ■ • • -63. 64
Comptroller General to transmit report of County Commission-
ers to 86
To appoint a Committee to examine accounts of State Treasurer. 78
Duty of Committee and report 79, 80
Committee to examine books of State institutions 81
Committee to examine work of Code Commissioner 82
General Election —
[See Elections.]
Geologist —
[See State Geologist] 735" 740
Georgetown —
Report of Health Officer at 87
Quarantine Station, and regulations of 1136
Georgetown County —
Location and boundaries 548
Voting precincts in 2°3
Number of Representatives 12
Magistrates in ^°^3
Stock Law exemption in ^S^S
No. Cotton Weighers in 1555
Fees Clerk of Court in 3i02
Salaries County officers 314°
Gifts —
Certain, by parol void 2654
Goods —
Common law liability of common carrier not to be limited by public
notice , 1708
Contract for sale of, when valid 2653
Future delivery, void 2310-2314
Governor —
And Lieutenant Governor, how voted for 211
How election of may be contested 230
1296 INDEX TO CIVIL CODE.
SEC.
Governor — (Continued.)
The Staff of 44i
When President of Senate shall act as 617
When Speaker of House shall act as 618
When General Assembly elects to fill 619
Term of person so elected 620
Executive Chamber ; salary ; records, &c 621
Private Secretary of 622
Of what Boards ex oMcio member 623
Offices filled by appointment of, by and with advice of Senate 624
Vacancy ; power to fill what offices 625
Other appointments 625
Authority in respect to Asiatic cholera 626
Ditties of —
To appoint census taker for each County , 165
To have census taken ; when 172
To appoint Supervisors, S:c 176
To appoint Commissioners of Election for each County 206
To issue writ of election for Congressman at large, when 238
To fill vacancies in County offices, when 254, 625
To appoint County Auditor 339
Treasurer 392
To appoint Township Commissioners 764
To suspend or remove County Auditor -and Treasurer 340, 393
As to arms in hands of improper parties 496
To allow reward for recovery of same 497
To examine and approve bonds of certain State officers 590
To grant leave of absence from the State to public officers 608
When to fill vacancies in certain public offices 614
To fill vacancy in office of Sheriff 821
Coroner 880
When to commission Coroner 883
To fill vacancy in office of Clerk of Court 254, 903
Probate Judge 954
To appoint Master, by and with advice of the Senate 966
fill vacancy in office of Alaster 97°
appoint Magistrates 9^2
remove Magistrates from office and to fill vacancies 983
purchase standard weights and measures 933, 1614
May declare places infected 1165
To appoint quarantine officers ; how ii35j ^'^37
provide boats, &c., for quarantine station when necessary. ... 1171
fill vacancy in office of State Superintendent of Education;
how 1180
appoint members of State Hoard of Education 1181
appoint Commissioners of Pilotage for certain places 1616
pay out of contingent fund expenses of persons sitting as
Justices in Supreme Court 2729
INDEX TO CIVIL CODE. 1297
SEC.
Governor's Staff —
How composed 441
Grace —
Days of, allowed on all bills of exchange 1671
Grain —
City Council of Charleston to regulate sale of 1577
[See Flour.]
Grand Jurors —
Deficiency in panel, how filled 2924
Grants —
Certain ancient, made valid 2354
Certain errors not to invalidate 2355
Ratification and confirmation of 2356
Certain, not to be impeached 2358
Possession five years before ist July, 1776, good 2361
[See Conveyances.]
Greenwood County—
Location and boundaries 550
Magistrates in 1025
Voting precincts 203
Number of Representatives 12
Cotton Weighers in 1555
Salaries County officers 3139
Greenville County —
Location and boundaries 549
Voting precincts in 203
Number of Representatives 12
Magistrates in 1024
Drainage in 1488
Duties of County Board of Commissioners as to 1488
Register of Mesne Conveyance for 944, 3105
Fees for Register Mesne Conveyances 3105
Stock law, exemption in 15 16
Salary Clerk of Court 3107
Sub-Commissioners in each Township 1353
Guardians —
[See Public Guardians, Sections 2680-2688.]
[See Testamentary Guardians, Sections 2689-2693.]
Personally liable for taxes 261, 262
To list property in their hands 268, 269
Ad litem, Master may appoint 976
On appointment by Probate Judge to give bond 2671
To render annual accounts 2672
Proceedings against sureties 2673
Measures to be taken on death of, for an accounting 2674
5-1.
1298 INDEX TO ClVii. CODE.
SEC.
Guardians — (Continued.)
Proceedings when, removes from State 2675
When upon such proceedings appointment to be revoked 2676
When, must apply for partition 2677
Commissions of 2678
to deceased, estate 2679
Employers of minors liable to, for their service 2694
May be compelled to produce wards in certain cases 2955
Holding estate after death of minor, trespassers 2960
Public Guardians, Probate Judge as 2680
Appointment, &c 2681-2682
Powers of 2683
Reports by 2684
Investments by 2685
Discharge of 2686
Records as to 2687
Successor to 2688
Testamentary, custody of children 2689, 2690
Recovery of children 2691
Rights of 2692
Returns by 2693
H
Hampton County —
Location and boundaries 551
Voting precincts in 203
Magistrates in 1026
Number of Representatives 12
Stock law exemption in ISI7) 1518
Clerk of Court in, fees (s. d. 3) 3107
Township Commissioners in 1349-1351, 764- 766
Roads in, working 1351
Harbor Commission of Charleston —
Of whom composed 1618
Jurisdiction 1649
Annual meetings 1650
Powers as to lines, wharves, docks, &c 165 1
To examine docks, &c 1653
Penalty for violating regulations 1652
To appoint Harbor Master and Port Wardens 1655
Fees and port charges 1656
Report to General Assembly 1658
To determine location quarantine station ii39) 1172
Harbor Master —
Certain duties of r 1644,1655
INDEX TO CIVIL CODE. 1299
SEC.
Hawkers and Peddlers —
Must obtain license 1742
Clerk to grant license 1743
License, inspection of 1744
Certain, exempt 1746
Prohibited selling medicine 1747
Sales exempted from license 1745
Health Officers —
At Charleston, Georgetown and Hilton Head to report 87
Health —
State Board of, how constituted 1084
Rights and duties of in general 1085
Executive Committee ; appointment and duties of 1086
How can organize; Registrar General; control over local Boards. . 1087
Local Boards of, in cities and towns ; how constituted, and duties of 1097
Oath, organization, &c 1098
Hospitals established by 1099
Physicians employed by 1 100
Registration deaths and births 1 102
Inspections by 1103, 1 104
Meetings of 1 105
Expenses of 1 106
Charleston, exception as to 1107
Duties of existing Boards, and others hereafter appointed iioS
Powers, as to removal or abatement of nuisances, &c iioi, 1109
Local Boards, outside of towns, &c. ; powers and duties, 1092, 1099, iioi
Powers of Board in cases of epidemic, &c., as to closing schools. . . 1104
Power of school authorities to prevent the spread of contagious
diseases mo
Annual reports to Executive Committee; what to contain, &c mi
Special duties of State Board 1088
Supervision over local Boards 1092
Enforcement of vaccination 1093
Regulations, transportation of dead bodies 1094
License embalmers 1095
Co-operation with Federal Government 1096
Live stock quarantine 1096
Reports of local boards 1 106
Quarantine, powers of State Board as to 1089
Duty of Executive Committee as to vital statistics 1090
Heirs —
Debts upon specialty suable against 2571
Aliening before action, answering for debts to value of land sold. . 2574
Liability ; proceedings to enforce 2571- 2578
Sale of lands in possession of, to pay debts 2543- 2553
May recover damages against persons holding over when 2961
Right of entry not tolled by descent cast 2962
1300 INDEX TO CIVIL CODE.
SEC.
Heirs — (Continued.)
May plead nothing by descent; issue thereon; verdict, judgment
and execution 2576
No inquiry as to land descended, when judgment against is by con-
fession or upon demurrer, &c 2577
Not chargeable of own estates for ancestor's debts 2587
May recover damages, when . , 2691
Right of entry when disseizor dies, &c 2692
To be summoned in certain cases ; form of summons 2547
Trusts shall be assets in the hands of 2586
Highway Districts —
How constituted 1352, 1351
In Bamberg County 1361
To be divided into sections 1353
Highways —
Supervision over i349j I35i
Repairs on 1354
Persons liable to work 'i3SS
Commutation tax 1356
Road hands, list of 1363
how worked on 1364
removal of 1365
residences 1366
How worked 1367
Foot paths along 1370
Obstructions in 1374-1376
Railroad crossings on 1378
[See County Board of Commissioners.]
Navigable streams defined and declared to be 1335
Width of 1336
To be posted and numbered 1337
5. Gates on private roads 1338
Gates on public roads 1339
Requirements as to construction of gates 1340
Ditches and canals across, may be cut; for what purpose and on
what conditions 1341
Unauthorized diversion of 1342
How discontinued 1343
Duty of Supervisor as to, in towns and villages 1346
Damages for defective I347j 2023
Effect of tender of damages, before action 1348
Manner of Obtaining, &c. —
County Board of Commissioners may open and change loca-
tion of 1343
Township Commissioners, similar powers I344
Incorporated 1350
How right of way to be obtained 1392
INDEX TO CIVIL CODE. 1301
SEC.
Highways — (Continued.)
What hands may be ordered out to open 1394
Notice to owners ; hearing, &c 1392
Payment for way ; appeal 1393
Proceedings of Board; what to consider and determine; verdict
for compensation, &c 1392
Right of way established upon payment of compensation; re-
cording 1393
Municipal authorities may purchase land for streets, on petition
of freeholders 1396
Proceedings in case of refusal to sell or unreasonable price;
Commissioners; how appointed; duties of; deeds to be
executed 1397
Appeal by owner ; proceedings on 1397
Clerk of Court to execute deed when owner fails; deed and
proceeding to be recorded 1398
Meeting of owners to appoint Commissioners; how called;
failure to appoint; effect of service of notice when owners
are infants, lunatics, or non-residents 1399
Service of notice when owners are infants, lunatics or non-
residents 1400
Oath of Commissioners 1401
Change of location authorized; surveyor to be employed; con-
demnation of; tax levy 1395
Highways and Bridges —
Repairs Of —
Duties of County Commissioners as to 1343, ^349, 1353, 1354, 1372
Township Commissioners ; duties as to I344, 1351
District of, how constituted 1351, 1352, 1361
Division of, into sections; overseers of roads, how appointed;
powers and duties of Commissioners 1353
Sub-Commissioner for each township in Greenville; his duty
and power 1353
Hands of, subject to direction of overseer; time of notice 1364
Damages for defective ; action for I347, 2023
Persons liable to duty, &c 1355
County Treasurer to furnish list of persons paying, to County
Supervisor, who notify overseers; Treasurer's certificate to
taxpayer ; effect of 1383
Moneys paid Treasurer for commutation; how to be kept and
applied 1384
Special power of overseers 1367, 1385
Removal from one County to another after labor performed or
commutation paid ; certificate and effect 1365
What constitutes residence 1366
Duties of County Commissioners with respect to bridges 1386
Over waters between Counties, building and repairs of; duties
of Board as to 1387
1302 INDEX TO CIVIL CODE.
SEC.
Highways and Bridges — (Continued.)
Owners of mill dams and bridges, duty, &c., passing over, &c. . . . 1388
Special Regulations in Certain Counties —
County Supervisors and Commissioners to divide into districts,
appoint overseers, &c 1353
Township Commissioners, similar duties 1351
Overseer must serve; penalty for refusal; term of office, &c 1351
Overseer to furnish list of hands 1368
Duties of overseers 1363
County Supervisor; how to be worked, &c 1367
Tools to be furnished overseers, &c 1371
Holidays —
Certain days declared to be legal 3094, 3095
Homesteads —
Exemption of, in lands ; when and to whom allowed ; proceedings
to set off, &c 2626
Appraiser's return to be recorded; when and where; effect of 2627
Proceedings where land exceed one thousand dollars and cannot
be divided; return of appraisers; duty of Sheriff; sale and
disposition of proceeds, &c 2628
Sale ordered by Court, homestead reserved in money 2634
Right of widow and children to ; partition 2629
No waiver to defeat right of; proviso as to property aliened or
mortgaged 2630
Exemption of personal property; proceedings when rights disputed. 2631
When married women entitled to exemption of, and personalty;
. proviso 2632
Property not exempt from taxes and certain obligations; when
yearly products not exempt 2633
Setting off, and personalty when no process has been lodged; pro-
ceedings 2635
Liability of officer for violation of provisions of this Chapter 2636
Compensation of appraisers, Sheriff, &c. ; how paid ; demand of in
advance, &c 2637
Horry County —
Location and boundaries ' 552
Voting precincts in 203
Number of Representatives in '. 12
Magistrates in 1027
Stock Law exemptions in 1497
No. Cotton Weighers in 1555
Fees Clerk of Court in 3103
Hospital for Insane —
State 2247-2274
Hotels —
[See Innkeepers, 1741.^
INDEX TO CIVIL CODE. 1363
SEC.
House of Representatives —
Stationery for 16
Fuel and gas for 17
Officers elected by 18
and employees of 19
Committee Clerks of, &c 20
Appointment and qualification of officers and attaches 22
Compensation of officers and attaches 23
List of such officers to be filed with the Treasurer 24
Pay certificates for members 25
by whom signed 26
Pay certificates of officers and attaches 27
Statement of certificates to be furnished Comptroller General and
Treasurer 28
Husband —
Personally liable for wife's taxes. 261, 262
Must list wife's property 268, 271
Not liable for wife's debts ; exception 2668
Husband and Wife —
Who may contract matrimony 2658, 2664, 2661
Validity of marriage, how determined 2659, 2660
Void marriage 2661, 2664
Slave marriages 2662
Slave marriages, children of 2663
Separate property of married women 2665
Earnings of married women 2666
Married women may convey, &c., as if unmarried 2667
Married women may contract as if unmarried 2668
Liability of husband for debts of wife 2668
Marriage settlements 2669, 2456
Tenancy by courtesy abolished 2670
Dower .2383-2407
I
Idiots —
County Board of Commissioners to remove pauper from State
Hospital for Insane 2269
Exempt from military duty 440
Illegitimate Pauper Children —
To have settlement of their mothers 1057
Adoption of 2704
Immigrants and Seamen —
Hotel or boarding house in city of Charleston must have license. . . 2291
Unlicensed person not to solicit boarders 2292
City Council may grant license 2293
1304 INDEX TO CIVIL CODE.
SEC.
Immigrants and S'EAWE'i^^fContinued.)
When license may be revoked 2294
Fee for license 2295
City Council to furnish badges to licensee 2296
By whom to be worn ; when 2297
No other to wear badges 2298
None but pilot or public officer to board vessel without leave of
master 2299
Owner of vessels not to permit unauthorized persons to board 2300
Hotel keepers to leave vessel when ordered 2301
Meaning of the term "vessel" 2302
Recovery of seamen's debts 2303
Detention of seamen's goods for debt unlawful 2304
Improvements by Tenants —
[See Betterments, 2440-2447.]
Incomes —
Tax on, special rules as to 325- 2>2>'^
Indians —
Catawba, lands 2362-2366
Industrial College —
[See Winthrop Normal &c. College, 1284-1292.]
Infants —
Not to be Executor 2510
Conveyance of estate held by, in trust or by way of mortgage. .2609, 261 1
As trustee, may be compelled to make conveyance 261 1
Promise to pay of, after full age must be in writing 2656
Apprentices, how bound 2706
Parties employing liable to parents, &c 2694
Certain contracts void 2695
Cannot be sued on 2696
Judgments against vacated 2697
Sale of drugs and medicines to 2698
[See lilinors.']
Infected Places —
Governor to declare by proclamation what are 1065
When effect of proclamation to cease 1066
Vessels from, subject to quarantine 1067
Injunction —
Power of Circuit Judges to issue writs of 2736
Injuries —
Survival right of action for 2S59
Right of action given for certain 2847, 2851
County liable for, resulting from defective roads I347
Municipalities liable for, resulting from defective streets, &c 2023
INDEX TO CIVIL CODE. 1305
SEC.
Inland Swamps —
Drainage of 2232-2246
Inn Keepers —
Liability of 1741
Insane —
State Hospital for 2247-2274
Insolvent Debtors —
Persons in arrest wishing to surrender property may petition
Courts, &c 3072
Clerk to summon creditors to appear; publication of notice, &c. . . . 3073
On day assigned, Clerk to examine in a summary way; oath to be
administered to 3074
Property to be assigned ; exemptions allowed 3075
On making assignments, &c., prisoner to be discharged 3076
Prisoner to be remanded for refusal to assign 3077
Penalty for false schedule 3078
Manner of summoning jury in cases of alleged fraud 3079
Filling vacancies in panel 3080
Liability for non-attendance of jurors 3081
Judge to hear and decide upon exceptions to Clerk's rulings 3082
Fees allowed Clerk for hearing application 3083
Sheriff 3084
Proceedings in case of appeal 3085
Creditors may examine applicants for discharge; penalty for re-
fusal to answer 3086
Debtor to produce books, &c 3087
Submission of issues to jury, &c 3088
No discharge to be granted until the delivery of property to
assignee 3089
Expenses of imprisonment to be paid weekly in advance by plain-
tiff, or debtor discharged 3090
Instruments —
What, to be recorded ; when ; where ; effect of 2456
Insurance of Public Buildings —
By Sinking Fund Commission 121- 129
Of college buildings , 162
Insurance Companies —
Foreign, returns for taxation to be made by agents 302
Domestic, returns where made 303
Foreign, laws governing 1796-1829
Domestic companies 1796
On what terms companies may do business 1796
Church Fire Companies 1796
Deposit of securities 1796
Withdrawal of securities 1797
i3o6 INDEX TO CIVIL CODE.
SEC.
Instjrance Companies — (Continued.)
License to be obtained 1800
Preliminary proceedings 1801
License may be withdrawn 1803
Insolvency or fraud 1804
License fees 1800, 1808
Reports to Comptroller General 1802, 1809, 1813
Who to be deemed agents 1810
Policies issued through resident agents 181 1
Reinsurance 1813
Contributive insurance 1816
Liability on policies 1816
Combinations to fix rates 1819-1823
Applications, statements in 1825-1826
Life insurance for married women and children 1824
Surety companies 1827- 1829
Fraternal Beneficial Associations, insurance by 1830-1841
Mutual Protection Associations, insurance by 1912-1916
Interchange of Circuits —
Roster of Circuit Judges and assignments to Circuits ; duty of
Supreme Court as to 2730
Notification of assignments to; publication of, when and how 2730
Interest —
Legal rate seven per cent 1660
On decrees, judgments and stated accounts 1660
Protested bill to carry 1672
Contracts as to, how construed 1661
Excessive prohibited 1662
penalty for receiving 1663
Intestate Estates —
How distributed 2468
Aliens may inherit 2469
Rights of alien widows in 2470
Division among children to be equal ; advancements to be ac-
counted for 2471
After acquired property passes by will and is not intestate 2742
Estate in joint tenancy distributable 2473
Acceptance of widow of distributable share bars of dower, and
vice versa 2474
Administration of 25 12-2530
[See Administrators.]
Settlement and distribution of 2564-2570
In\'entories and Appraisements —
Inventory to be made by executor or administrator 2531
Where goods are in several Counties appraisements to be ordered
for each 2532
INDEX TO CIVIL CODE. 1307
SEC.
Inventories and Appraisements — (Continued.)
Evidence to prove value 2533
Pay of appraisers 2534
Oath of 2535
Judge of Probate to keep a book of 960
J
PAGE.
Joint Debtor —
May make composition with creditor 2841
Rights of 2841-2843
Joint Stock and Other Associations 2224-2231
Articles of agreement 2224
Actions against and by 2225
How sued 2229
Service of process on 2230
Liability under final process 2231
of shareholders 2226
Joint Tenancy —
Estate in, distributable 2473
Joint Tenants and Tenants in Common —
Partition compellable between 2436
Court of Common Pleas has jurisdiction to partition 2437
Proceedings in partition 2438-2439
Jointure —
Wife having, not to have dower 2388
Not having, to have dower at common law 2389
Woman shall be endowed whose, is recovered 2390
May take or refuse, after marriage 2391
Refusing, may demand dower 2392
Journal Clerk —
[See General Assembly.']
Journal of the Court of Common Pleas —
To be read each day before the Judge 913
Judges —
Persons sitting as, of Supreme Court, to have actual expenses paid,
how 2729
Power of, at chambers 2736
holding Courts in other Circuits 2737
To dischai'ge duties of office in their own Circuits ; exception 2738
Not to leave State without permission 2739
I308 INDEX TO CIVIL CODE.
SBC.
Judges — (Continued.)
Salary of 2740
Amenable for neglect of duty 2741
Disqualified if related to party 2729, 2820
Special Judges for Circuit Courts 2744, 2743
To notify Chief Justice of inability or disability to hold Court. . . . 2742
Clerk of Court to read minutes before, each day 913
Clerk to adjourn Court in absence of 920
May appoint Constable for particular occasion [in proviso of
Section] 1047
May appoint a Special Master 942
send to State Hospital for the Insane persons in criminal
cases found to be non compos mentis 2264
appoint umpire in case of assignment ; when 2644
annul j udgments ; when 2697
make and award process in vacation 2733
grant commission 2868
To issue subpoenas on commissions from other States 2875
grant orders perpetuating testimony 2905
Duty of, when drawing jury is irregular or invalid, &c 2926
To sign process of escheats 2980
[See Circuit Courts.]
Judge of Probate —
Election and term of office 953
Vacancies in, how filled 954
Clerk of Court to act as, until vacancy filled 955
To act as Clerk of Circuit Court in case of vacancy 956
Bonds and oaths of office of .' 957
To make search, furnish copies, &c 958
To keep seal of office 959
Books to be kept 960
Manner of filing and indexing papers 961
Clerk of, to file account of moneys remaining in Court 962
May administer oaths, &c 963
Responsible for property of office 964
Duty of, to cite trustees, guardians, &c., to account when they re-
move from State 2675
Fees of, in sale of land in aid of assets 2551
generally 3ii4
in Anderson 3115
Orangeburg 31 16
To cite executor and administrator in default to make return 2556
Jurisdiction to sell land in aid of assets to pay debts 2543
To keep full record of such proceedings 2550
May cite executor and administrator moving from State to ac-
count 2558-2559
Duty of, in settlement of intestate estates where parties are absent
or whereabouts unknown 2565
INDEX TO CIVIL CODE. 1309
SBC.
Judge of Probate — (Continued.)
To be appointed guardian in certain cases 2680
May direct inquisition as to lunacy 2253, 2262
May commit lunatic, &c., to State Hospital for Insane 2253
May grant letters of administration with will annexed 2501
May issue commission to qualify infirm or distant executor 2507
To whom may grant administration 2512
Liable to damages for failure to take bond of administration 2519
Duty of, on alleged loss or destruction of will 2521
Proceedings by, for sale of real estate to pay debts 2543-2553
To require annual returns of executors 2555
Duty of, in case of default 2556
To grant orders for sale of personal property by executors and ad-
ministrators 2605, 2606
To require bonds from guardians 2671
To report investments made as public guardian to Circuit Judge. . . 2684
To report to Court of Common Pleas, when; what to state 2684
To turn over as guardian moneys, books, papers, &c., to successor. . 2688
To act as Master in Anderson and Orangeburg 965
Judgments —
Duration of lien on real estate 2449
Oldest, to receive proceeds of real estate sold at Sheriff's sale 875
Clerk of Court to keep abstract of 9^1
sign all, officially 921
Clerk or Register to enter satisfaction of 924
Clerk to furnish County Commissioners a list of; when 932
To draw legal interest 1660
Confessed, by limited partnership void in certain cases 1697
For gambling debts void 2308
To defraud creditors void 2369
Against minors, how vacated 2697
For foreclosure and sale .2382, 2380
Judgment Debtors —
Sales by 2622-2625
Judicial Sales —
To be made by Sheriff, unless otherwise provided by law 867
When to be made by Master 973
[See also Code Civil Procedure, 306.]
Where to be made 974> 975
[See also Code Civil Procedure, J0(5.]
When by Clerk of Court —
[Code Civil Procedure, 306.1
When by Probate Judge —
. {Code Civil Procedure, sod."]
I3I0 INDEX TO CIVIL CODE.
SEC
Jurisdiction —
Of the State ; extent of i
the United States over land ceded by the State 3, 6, 9
Circuit Courts and Judges 2733-2746
City Courts of Charleston 277'/-27g7
County Courts 2750-2776
Arbitration Court 2798-2810
Magistrates 985
JtTRORS —
How drawn 2917
Qualification as [See Const., Art. V., Sec. 22.]
Who not eligible as 2933
Who disqualified from serving as 2934
Who exempt as 2935
Not excused, except for cause 2936
Not liable for duty more than one term a year 2937
Per diem and mileage of 2938
Venire for, how issued ; term of service of 2913
Sheriff to serve venire on Board 2914
When venire may be issued in term time 2915
How selected 2916
In whose presence drawn 2917
Manner of drawing 2918, 2919
When to be drawn 2920
Thirty-six petit, to be drawn at one time 2921
Summons of 2922
Sheriff to serve summons, when and how 2923
Empaneling of, in Common Pleas 2940
Striking Jurors 2940
How deficiency in number of supplied 2924
When special list of to be made 2925
Duty of Circuit Judge when drawing of is irregular or invalid. . . . 2926
Term of service of, in certain Counties 2927, 2928
May be examined by the Court 2944
Right of challenge to, in civil cases 2940
In penal action, liability to pay taxes no objection 2945
When objection to, must be taken 2940, 2946
Irregularity to the venire, drawing, &c., not to affect verdict; ex-
ception 2947
When bribe or gratuity given to by party may be cause to set aside
verdict 2948
Where Jury fails to agree ^949
Clerk of Court to enforce laws of drawing of 918
Clerk of Court to make pay roll of 919
Penalty against, in Magistrate's Courts 988
May view place 2950
Non-attendance penalty 2951
Coroner's Jury 2953
INDEX TO CIVIL CODE. 1311
SEC.
Jurors — (Continued.)
When food may be furnished for 2954
How summoned in Magistrate's Courts 987
County Courts 2763
City Court of Charleston 2783
Qualifications in City Court of Charleston 2786
Six constitute Jury in Magistrate and County Courts 987, 2758
When jurors may be held over 2942
Jury —
In Magistrate's Courts, all persons entitled to trial by 986
Manner of selecting, in Magistrate's Court 987
To assess value of lands taken by corporations 2188, 2190
Appeal from verdict of, in such cases 2191
To receive one dollar in each case tried in Common Pleas 2939
Failing to agree, course to be pursued by Judge 2949
May view place, property or thing in question ; proviso 2950
Each to choose a foreman 2941
Manner of summoning, to try issue under insolvent proceedings. . . 3079
Vacancies in such, how filled 3080
In the City Court of Charleston 2783, 2787
Feeding of, to be paid by County, when 2954
Jury Commissioners —
Commissioners, how Board constituted 2909
When and how jury list to be prepared 291 1
box to be prepared 2912
K
Kershaw County —
Location and boundaries 553
Voting precincts in. 203
Number of Representatives 12
Magistrates in 1028
Stock Law exemption in 15^9
Traffic in seed cotton in I549, 155°
No. Cotton Weighers in 1555
Salary Clerk of Court in (s. d. 3) 3107 3141
Sheriff in 3141
Township Commissioners in I349-I35i> 764- 766
Roads in, working I35i
Roads in, tax for I390
L
Labor —
Party furnishing, to have Hen on buildings 3008-3047
To have lien on ship 3^49
railroad 3056
1312 INDEX TO CIVIL CODE.
SEC.
Laborers —
Contract of, with land owner to be read and witnessed 2715
When crops of, to be divided by disinterested persons 2716
To have lien on crops, grade of, and how enforced 3058
To be paid in lawful money, unless otherwise stipulated 2717
On railroads, to have lien 3056
In factories, to have lien 3069
On buildings, to have lien 3047
Discharged to be paid 2718
Certificates for wages negotiable 2719
redemption of 2719
penalty 2720
Lancaster County —
Location and boundaries 554
Voting precincts in 203
Number of Representatives 12
Magistrates in 1029
Traffic in seed cotton in i549) I550
. Cotton Weighers in 1555
Lancaster, Heath Springs and Kershaw 1558
Salary Clerk of Court in (s. d. 3) 3107
Sheriff in 3142
Land —
Tenure of, free and common socage 2353
Certain ancient grants, &c., made valid 2354
Grants, &c., before August 20, 1731, not to be impeached for cer-
tain causes 2358
Possession for five years before July 4, 1776, deemed a good title. . 2361
Former grants of, valid 2354-2358
Titles to, derived through aliens confirmed; proviso 2359
Rights of aliens and foreign corporations to 2360
Form and execution of conveyances of 2367
Catawba Indian lands, leases and grants 2362-2366
Conveyances of, to bastard children or their mother void; when. . . 2368
Conveyances of, to defraud creditors void as to them 2369
purchaser void 2370
upon good consideration, &c., valid 2371
with clause of revocation, when void against sub-
sequent purchaser 2373
Liens on, of no force after twenty years ; proviso 2449
Damages in action of covenant for 2450
for trespass or waste 2451
Surveyor appointed for, in dispute 2452
Parties refusing. Court to nominate Surveyor 2453
Acquired after making of will, to pass 2472
In joint tenancy distributable 2473
Possession of, in trust, to be in the beneficiaries thereof 2580
INDEX TO CIVIL CODE. 1313
SEC.
Land — (Continued.)
Seizin of, in trust to follow use 2581
Rents of, in trust to be in beneficiaries 2582
All creations of trust to be in writing 2583
Trusts, &c., by implication of law excepted 2584
Assignments of trust to be in writing 2585
Qualified executor may sell ; in what cases 2600
Administrator with will annexed may sell, when 2601
Sheriff to make memorandum of levy of 2614
Two Magistrates to have jurisdiction of forcible entries on 2964
Party ousted from, by force, to be put in possession 2965, 2970
Action against disseizor of 2967
Feoffments made by persons wrongfully in possession void 2966
Proceedings for the escheat of 2979
Escheators to keep record of 2980
Sale of escheated 2983, 2984
Sale under execution 2615
Place of sale 2619
Sale under mortgage 2380-2382
Persons making good title to escheated, within five years to have
compensation 2985
Escheated, committed to claimant on his giving security 2986
No claimant appearing, escheator to rent until sale 2987
State not precluded from inquest of escheated, by possession, &c. . 2988
Granted United States exempt from State taxation 10
Certain corporations may acquire, for purpose of construction;
when and how 2187
Owner refusing consent, proceedings 2188-2199
Chargeable with debts 2612
Landlord and Tenant —
Lease for more than one year to be recorded, &c 2414
When and how to terminate 2415
Parol lease not valid for more than one year from entry 2416
Action for use and occupation; when it lies ; evidence in 2417
Action for rent on demise for life 2433
Remedy when tenant deserts premises; proceedings by Magistrate. 2418
Same ; when Magistrates may put in possession, &c 2419
Same ; appeal by tenant to Court of Common Pleas ; proceedings
thereon 2420
Remedy when tenant holds over; proceedings before two Magis-
trates 2421
Tenants at will, &c., how ejected 2422
Tenants of houses and tenements, how ejected 2423
Lien of, for rent and advances 3057, 2460
on goods taken under execution 2427
enforcement of 3062-3065, 3067
enforced by distress 2428
subject to prior liens 2430
only on tenant's goods 2429
6-1.
I3I4 INDEX TO CIVIL CODE.
SEC.
Landlord and Tenant — (Continued.)
Distress for rent in arrears 243X
where goods are removed 2432, 2428
must be reasonable 2434
Replevy of goods distrained 2435
Sale of goods distrained 2435
Tenant not to make alterations 2425
to deliver possession according notice of intention to quit. . 2424
holding over after determination of lease, &c. ; double rent. 241 1
for life; warranty by, void 2412
attornment by, to strangers void 2413
under, to have possession until crop finished 2410
for life dying before rent is payable 2408
[See Rent.}
Land Owner —
Contracts of, with laborers to be read 2715
Crops to be divided by disinterested parties; when; proceedings. .. 2716
Lien of laborers on crops 3058
Laurens County —
Location and boundaries 555
Voting precincts in 203
Number of Representatives 12
Magistrates in 1030
Drainage in 1465
Duty of County Commissioners as to drainage in 1488
No. Cotton Weighers in 15SS
Salary Clerk of Court in (s. d. 3) 3107
Laws —
Of State, how proved 2888, 2889
Of other States, how proved 2890
Leases —
For more than one year to be recorded 2414
When and how, shall terminate 2415
Parol, not valid for more than one year from entry 2416
After determination of tenants holding over 2421, 2422
How tenants removed after expiration 2423
Parol, shall have force of estate at will only; proviso 2650
Not to be assigned by parol 2651
Of Catawba Indian lands 2362-236G
Legacies —
County Board of Commissioners to receive, when given for the
use of the poor ; prosecute for the recovery of 7^7
Certain, to bastard children, or their mother, void 2487
Disposition of, child dying before testator 2486
INDEX TO CIVIL CODE. 1315
SEC.
Legacies — (Continued.)
Effect of death of legatee 2486
birth of child on 2484
[See Payment of Debts and Legacies.]
Legal Notices —
Of sales under execution by Sheriff 2617, 3093
Of sales under order of Court 3093
Charges of advertising 3091, 3092
Legal Settlements —
How may be acquired 1057
Children to have, of their fathers (s. d. 2) 1057
Children illegitimate, to have of mother (s. d. 3) 1057
Lexington County —
Location and boundaries 556
Voting precincts in 203
Number of Representatives 12
Magistrates in 1031
Stock Law exemption in 1520
Traffic in seed cotton in i549, 1550
No. Cotton Weighers in 1555
Salary Clerk of Court (s. d. 3) 3107
Roads in, tax for 1390
Liability of Heirs and Devisees —
As to 2571-2578
Libel and Slander —
Imputing want of chastity to female 2838
Librarian —
Supreme Court to appoint 2724
State, to distribute Reports 2732
election, term 725
duties 726
salary 727
oath 728
distribute Statutes 58
Library, State —
Trustees of 729
powers and duties 730- 733
report to Legislature 734
License —
Tax on plays and shows ; to whom payable 2315
Execution for, how enforced 2316
When municipal authorities to collect 2317
For theatrical entertainments in Charleston 2318
Circus and other shows must have 2319
Municipal authorities may require 2001, 1983, 2320
Supreme Court to grant to attorney 2812
i3i6 INDEX TO CIVIL CODE.
SEC.
License — (Continued.)
For traffic in Sea Island cotton 1548
seed cotton 1549; I5S0
Pilots to be granted 1622
surrendered 1624
Hawkers and peddlers must obtain 1742
fee for 1743
exemptions I745, 1746
selling medicine 1747
Pawnbrokers must obtain 1748
issuance to 1749
Fraternal Beneficial Associations 1835
Insurance companies 1800-1806
Liens —
Taxes a first 263
Limitation of lien for taxes 430
Taxes on bank stock to be a 318
Sheriffs to pay over proceeds of sale to prior 865
Health Officers to have, on quarantine vessels, for expenses 1161
Inspectors of naval stores to have, for fees 1590
Created by limited partnerships void in certain cases I397» 1398
Of laborers on crops 3058
Landlords' 2460, 3057
[See Agricultural Liens, 30^7-306/; Mechanics', 1739.]
On buildings and land for labor and materials 3008, 3009
Not of force against existing mortgage 3010
Not to attach if owner of building gives notice 3011
Dissolution of 3012
Inaccuracy in statement not to invalidate proceedings 3013
If suit not commenced in six months, dissolved 3014
How enforced 301S
If less than one hundred dollars, enforced in Magistrate's Court. . . . 3016
Petition served with summons 3017
What to be stated in petition 3018
Amendments 3019
Several may unite in one petition l 3020
Notice to owner and other creditors 3021
Notice to absent parties 3022
Further notice 3023
Claims may be proved and contested 3024
When trial of questions of fact by a jury 3025
Court to ascertain amount due on 3026
Claims for past performance allowed in certain cases 3027
Sale of premises, if established 3028
When part may be sold 3029
Notice of sale 3030
Distribution of proceeds 3031, 3032
Surplus proceeds, to whom paid 3033
INDEX TO CIVIL CODE. 1317
SEC.
Liens — (Continued.)
Prior attaching creditor preferred ■ 3034
Such proportion may be applied to satisfy execution 3035
Subsequent attachment to be satisfied after lien 3036
Attachment intervening between 3037
Rights of attaching creditors 3038
To bind the interest of debtor 3039
May be enforced against heirs, executor or administrator 3040
Executor, &c., may enforce 3041
Suits begun by one creditor may be prosecuted by another, when. . . 3042
In such case the petitioning creditor's claim may be allowed, but
without costs 3043
Costs in, generally 3044
Right of action on claim not affected 3045
Discharge of lien on payment of debt, how effected 3046
On ships and vessels, for labor and material 3048-3055
Owners of stock to have ; how enforced 3068
Agricultural 3057-3067
On railroads for work or material 3056
employes in factories for wages 3069
enforcement of 3070
costs 3071
real estate limited to twenty years 2449
Lieutenant Governor —
Pay and salary of 627
Is one of the Executive Department 613
Life Estates —
Rent recoverable, where life tenant dies before payable 2408, 2409
Holding over after termination of 241 1
Under tenant to hold possession until crop is secured 2410
Warranties by life tenants 2412
Lights —
Toll bridges to be fuiniished with, at night 1417
Cities and towns may maintain, &c 2008, 2010, 2012, 2021
Limitation —
Of estates 2464-2466
Words of, in devises, not necessary 2483
Of actions for damages for wrongful acts causing death 2853
For enforcing liens on buildings, &c 3014
For forcible entry and detainer 2971
Limitation of estates 2464-2466
Construction of failure of issue 2464
Limited Partnerships —
May be formed by whom, and for what purposes 1680
General and special partners, and their liabilities 1681
Powers of general partners 1682
i3i8 INDEX TO CIVIL CODE.
SEC.
Limited Partnerships — (Continued.)
Partners to sign certificate ; its contents i 1683
Certificate to be proved 1684
To be filed and recorded in County Clerk's office 1685
Affidavit of sums contributed by each to be filed 1686
When partnerships deemed formed 1687
Publication of terms, when and how made; to be general if not
made 1688
Proof of publication 1689
Renewals of 1690
Dissolved by alterations, and deemed general 1691
Firm name, &c 1692
Suits to be conducted by and against general partners 1693
Rights of special partners 1694
General partners to account 1695
Liability of partners for fraud 1696
Certain transfers, judgments and securities of insolvents void 1697
Certain transfers, &c., of insolvent void 1698
Special partner liable as general partner, when 1699
When not to claim as creditor 1700
No dissolution by acts of partners without notice; notice, when
filed and how published 1701
Clerk's fees 1702
No part of capital stock to be withdrawn by partners; interest al-
lowed in certain cases 1703
Against whom creditors may bring suit 1704
Name of firm to be kept posted up ; agent to post up name of prin-
cipal ; penalties for default 1705
Penalty for posting up incorrect sign 1706
Not applicable to special partner, &c 1707
Liquors —
Sale of, prohibited on election days 209
[See Gangers of Liquors, 1583-1585; and Dispensary Law in Crimi-
nal Code.]
Lost Instruments —
Proof of lost deeds, &c 2896, 2904, 2908
grants 2895
records 2903
Lumber —
To be inspected by licensed measurer 1606
Fees of measurers 1607
[See Timber.]
Lunacy —
Proceedings in cases idiocy, &c 2251-2267
Judge of Probate to have jurisdiction of 2251, 2262
INDEX TO CIVIL CODE. 1319
M
SEC.
Magistrates —
Appointment, term, suspension, &c 982
Vacancies, how filled 983
Oaths to be taken by 984
Jurisdiction in proceedings to enforce liens 3016, 3063
Jurisdiction, generally 985
Jurisdiction in cases between landlord and tenant 2418-2423
Jurisdiction where County Courts exist 2769, 2770
Jurisdiction on complaints by apprentices 2714
Jurisdiction in ejectment of trespassers 2972-2974
Jury, trials before 986
Juries, how drawn 987
Jurors, delinquent, penalties on 988
May punish for contempt 989
May administer oaths 990
May take renunciation of dower 990
May take testimony on application of party 991
May take testimony de bene esse 992
Dockets to be kept by 993
Dockets to be submitted to County Board Commissioners looi
To itemize costs when demanded 996
To itemize costs in issuing executions 3129
Costs and fees, schedule of 31 17
Costs and fees, salaries in lieu of 994
Costs and fees, accounts to be audited, &c 995
Costs and fees, payment by Counties 794, 805
When to return papers to sessions Court 997
When cannot act as Attorney 998
How to dispose of fines and penalties 999
Process, service of, in certain Counties 1045
Monthly report of, to Auditor 1000
Books distributed among, regulations, &c 1003
Rules against Constables, fees 1002
Special provisions as to, and Constables, in each County 1004-1044
To witness contract between landlord and laborer 2715
To divide crops between landlord and laborer 2716
Managers of Elections —
How appointed 206
May appoint Clerk 207
To organize as Board 207
To administer oath to voter 207, 208
Duty of, as to boxes, polling places and casting of votes, &c. 209, 212, 213
Clerk of, to keep poll list 214
Counting votes and certifying result 215
Mandamus, Writ of —
Circuit Judges may issue 2736
When return must be made to 2998
1320 INDEX TO CIVIL CODE.
SEC.
Mandamus^ Writ of — (Continued.)
Prosecutor may plead to, or traverse return 2999
Place of trial 3000
Damages, recovery of on proceeding for 3000, 3001
Manufacturers —
Assessment and return of, for taxes 273
Mariners —
Wills of 2500
Marion County —
Location and boundaries S57
Voting precincts in 203
Number of Representatives 12
Magistrates in 1032
Commissioners of, to act as Commissioners of Health and Drainage 1488
Drainage in 1465; 1487
Stock law, exemption in 1521, 1522
Traffic in seed cotton in 1549, 1550, 1551
Marlboro County —
Location and boundaries 558
Voting precincts in 203
Number of Representatives 12
Magistrates in 1033
Traffic in seed cotton in 1549, 1550
Fees Clerk of Court in 3103
Roads in, working I3S7
Roads in, special tax 1362
Marriage —
Revocation of a will 2482
Who may contract 2658
If denied, how validity of affirmed 2659
Authority of Court of Common Pleas on question of validity 2660
When void 2661, 2664
Certain, legalized 2662
Children of such, legitimatized 2663
Intermarriage of races prohibited 2664
Marriage Contracts —
Devises of, raising portions pursuant to 2573
Must describe property therein 2669
Register of Mesne Conveyance to record 950, 2456
Married Women —
May hold property separate from husband 2665
Earnings of her separate estate 2666
Power of, of disposition of property 2667
' Power to purchase and contract ; proviso 2668
INDEX TO CIVIL CODE. , 1321
SEC.
Married Women — (Continued.)
Tenancy by courtesy abolished 2670
To have settlement of their husband 1057
Renunciation of dower by 2383
How dower may be renounced by 2384
Form of certificate of dower 2385
Elopement of, forfeits dower 2387
Acceptance distributive share, forfeits dower 2386
Having jointure, not to have dower 2388
Not having jointure, to have dower 2389
Endowed where jointure is recovered 2390
May take or refuse jointure 2391
Refusing jointure, may demand dower 2392
Homestead to 2632
Setting off homestead to 2633
Master —
Office of, established in certain Counties 966
Bonds of 967
Oaths of 968
In what time bond must be completed and filed 969
Governor to fill vacancies 970
Not to practice law in civil cases 971
Special, when and how appointed 972
General duties of 973
To sell lands in County where situate 974
May sell in any County under order by consent 975
General powers of 976
When may grant order in partition and dower 977
To take testimony on application of party ; when 978
Deposited funds by 979
Annual report of, to Court 980
Books of 981
Duties of, in setting off homestead 2685
To file report written 60 days 2837
Fees of 3113
Master and Apprentice —
Taking apprentices to teach 2705
Infants bound as 788, 2706
Assignment of indentures 2707
Rights of Master's executor, &c 2708, 2709
Charleston Orphanage House, indentures of inmates 271 1
Apprentices to serve stipulated period 2712
Apprentices to serve until what age 2713
Magistrates, jurisdiction on complaints 2714
Master and Servant —
Rights of street railway employes 2848
[See Laborers.]
1322 INDEX TO CIVIL CODE.
SEC.
Material-Men —
[See Liens.]
Mechanics —
May sell property left for repairs 1739
Commissions on such sales 1741
[See Liens.]
Medical Examiners —
State Board of 1112
Medical and Scientific Books —
As evidence 2902
Messengers —
Of election officers, compensation of 222
Supreme Court to appoint, for ; to fix compensation 2724
Military Academy —
Is a branch of University; subject to whose control 1274
Board of Visitors ; how constituted 1275
General powers of 1276
Reopened, for what purpose 1277
Beneficiary cadets, how appointed; obligation to teach after gradu-
ation 1280
Report of, to Superintendent of Education 1281
Certificate of release 1282
Certificate of discharge .• 1282
Annual report of Board 1283
Military Duty —
Who subj ect to, and who exempt from 440
Employees, &c., of State Hospital for the Insane exempt from. .. . 2274
Militia —
Of what consists 442
Volunteer Troops and National Guard to be kept separate 443
Number of companies of, limited 444
Term of service 445
Rolls of, how made and disposed of 446
When and how officers may resign 447
When subj ect to active duty 448
In active service, how organized, governed and paid 449
Duty of members 450
Uniform of Volunteer Troops j 451
Practice drills 452
Report to Comptroller General 453
Distribution of militia 455
Enlistment and changes in organization 456
Rules and Regulations 457
Appropriation 458
Compensation of certain companies 458
INDEX TO CIVIL CODE. 1323
SEC.
Militia — (Continued.)
How paid 4S8
Militia duty, who liable to 44°
Reserve 454
[See Adjutant and Inspector-General.]
Division officers and staff 47°
Brigade officers and staff 47i
Regiments ; officers and staff 472
Battalions ; officers and staff 473
Meaning of term "Company" 474
Company of infantry, how composed 475
artillery, how composed 47^
cavalry, how composed 477
If number of privates falls below minimum, no new officers to be
elected 478
Annual inspection of 479
How company may adopt by-laws 480
Chartered rights to continue 481
United States regulations, &c 482
Officers, how appointed and commissioned 483
How removed 483
How line officers elected 484
How field officers elected 484
How protests and contests settled 484
Rules and regulations 485
How officers take rank 486
Staff officers 487
Commissioned officers may administer oaths 488
Commanding officers may arrest any officer or private 489
Officers and privates; when and how far exempt from arrest 490
Naval Battalion constituted; officers, their rank and pay; other
officers and their pay, &c 49i
South Carolina Volunteer Troops in the City of Charleston —
Board of Field Officers a corporation; rights, powers and privi-
leges of ; proviso 492
Annual tax for benefit of companies of; how levied, collected,
distributed, and applied 493
Arms, Parades, Drills, &c. —
Organized companies to be furnished with arms, &c 494
Duty of officers respecting arms 495
Regulations as to arms, &c., in hands of unauthorized persons. . . 496
Rewards for restoring arms, &c 497
Officers receiving arms accountable for them 498
Parades, drills, &c., how and when ordered 499
Penalty for non-attendance, &c Soo
Powers of commanding officers at 50i
How summoned to, ordinarily S^'^
Company officer may without warrant call out his company 503
Verbal warning on parade, &c., when sufficient 5^4
1324 INDEX TO CIVIL CODE.
SEC.
Militia — (Continued.)
Regimental and battalion officers ; how summoned 505
Orders read on parade, when sufficient warning 506
Officers may be ordered to meet for instruction and drill 507
Persons going to, &c., exempt from toll 508
Officers absent from, &c., to be reported and court-martialed. . . . 509
Courts Martial and Courts of Inquiry —
When officer may be arrested and tried 510
For trial of commissioned officers ; how composed 511
Powers and duties of 512
Courts of inquiry, how constituted; purposes and duties of 513
For trial of non-commissioned officers and privates ; how ap-
pointed; jurisdiction 514
Trial must be on written charges ; proceedings, &c 515
Proceedings, to whom forwarded 516
Secrecy imposed on members of 517
Who to preside ; dues of members, &c 518
Powers of, during session 519
May issue subpoenas and compel attendance of witnesses 520
Marshal ; appointment of ; duties, &c 521
Execution for fines and penalties; by whom issued and to whom
directed 522
How execution must be enforced ; penaltj' for failure or refusal 523
Pay of Marshal 524
Fee of officers for execution of process 525
Offenses and fines and penalties therefor 526
How and to whom fines and penalties collected must be paid;
how appropriated 527
Regimental paymaster's bond ; duties of 528
Mills and Millers —
[See Flour, Grain ^ &c.'\
IMill Dams —
Owners of, over which highway passes, to keep in repair 1388
Erection of, on navigable stream; conditions 1410
Owner of, entitled to compensation for use of stream; proceed-
ings, &c 141 1
Not to extend to Big Horse Creek 1411
Fish traps near, when unlawful 1412
Not to be erected, except as provided b}' law ; to be removed in
certain cases 1413
[See Dams.']
Mines and Mining Claims —
How assessed and taxed 275
Ministers of Gospel —
Exempt from military duty (Subdivision 2) 44a
road duty i3S5
jury duty 2935
INDEX TO CIVIL CODE. 1325
SEC.
Minors —
Guardians of, general 2671-2679
Guardians of, public 2680-2688
Guardians of, testamentary 2689-2693
May be disposed of by father or mother ; when and how 2689
Such disposition valid 2690
Persons entitled to, may maintain action for recovery of 2691
having custody of, to take charge of property 2692
Employers of, to pay parent or guardians ; when 2694
Certain contracts of, void 2695
Unlawful to issue process on such contracts 2696
j udgments on, vacated 2697
Not applicable to apothecaries as to sale of drugs, &c., to 2698
Payment of money to, without guardians 2836
[See Infants.]
Miscegenation —
Prohibited 2664
Money —
To be in dollars, dimes, cents and mills. Public accounts and
verdicts to be expressed in 1659
Seven per cent, legal interest on 1660, 1662
Deposit of in lieu of recognizance 2833-2835
Money Decrees —
To draw legal interest 1660
Moneys —
Definition of, with regard to taxation 265
Sheriff must give notice of, collected 853
Liability of Sheriff for failing to pay over 856, 857
Clerk of Judge of Probate to render account of, remaining in
office 962
In hands of Master, how deposited 979
Paid into Court to be deposited in bank 2828
How drawn f proviso 2829
Clerk to obey order of Court to deposit 2830
Escheator to sue for, in hands of executors 2989
Monopolies —
Creation by corporation illegal ; remedies for 2845-2847
Mortgages —
Description in chattel mortgages 3002
Indulgence not to defeat Hen 3007
Mortgagor remains legal owner after condition broken; mort-
gagee's right ; proviso 2374
Mortgagee must enter satisfaction of, on payment or tender of
debt, &c 2375
Penalty for not entering satisfaction of; where entered by order
of Court and by whom ^27^
1326 INDEX TO CIVIL CODE.
SEC.
Mortgages — (Continued.)
Mortgagor may apply for rule 2377
Records to be satisfied by Clerk when foreclosed in Court 942, 943
Time for redemption of chattels sold by way of 3003
Sale under chattel, how to be advertised 3004
Duration of lien on real estate 2/149
Sales of land under regulated 2380
Consent to sale ; date 2381
Judgment and order for sale under 2382
Of crops, valid only for year ; land to be described 3005
Right of redemption of chattel ; tender, effect of 3006
Commissioner of Deeds may take acknowledgement of 669
Clerk to enter satisfaction of 924
How recorded 950
Given for gambling debts void 2308, 2314
Proceedings on rule 2378
Judge may submit question of fact to a jury, &:c 2379
Prior, superior to builder's lien 3010
When and where to be recorded ; effect of 2456
Former, may be redeemed by second mortgagees 2461
Dower saved where widow did not legally renounce 2662
Construction of contracts secured by 1661
MOULTRIEVILLE —
Manner of building regulated in 157
Municipal Corporations —
General provisions 1996-2023
Amendments to charters 1996
Corporate limits extended 1997
decreased 1998
City Council, election of 2000
Commissioners of Public Works 2009, 2010
Police powers 1999
Power to construct public works 2008
hold property 2014
Powers cumulative 2013
Bonds, issuance of 2008, 2009, 201 1, 2015-2022
Coupons receivable for taxes 2018
Licenses for sale fresh meats 2001
Officers not to contract with 2002
Courts in, j urisdiction 2003
Punishments and appeals 2004, 2005
Damages, actions against, for 2023
Election of Councils 2000
as to bonds, &c 2008, 2009, 2016, 2021, 2022
commissioners of public works 200Ci
Damages, actions against, for 2023
Lights in 2008
INDEX TO CIVIL CODE. 1327
SEC.
Municipal Corporations — (Continued.)
Lands, purchase of 2012
Taxes, on all property within 2006
collected in installments 2007
to pay bonds, &c 2011, 2017
coupons receivable for 2018
Rights of way for streets, &c 1396-1401
See Towns of Less Than 1,000 Inhabitants I935-I9S7
Towns of Between 1,000 and S,ooo Inhabitants 1958-1964
Towns and Cities of More Than 5,000 Inhabitants 1965-1975
Provisions common to towns and cities of over 1,000 Inhabi-
tants 1976-1991
Provisions as to cities of over 10,000 inhabitants; weighing
coal in 199S
Provisions as to cities of over 45,000 1992, 1993
May license plays and shows 2320
Mutual Protection Associations —
Formation, purpose, powers 1912
Application for charter 1913
Certificate to be filed 1914
Organization 1915
Lien on property insured 1916
N
Name —
Change of, how obtained 2699
Discretion of Judge hearing petition to change 2700
Proceedings to be entered on minutes 2701
Parties may sue and be sued under new 2702
Effect of, on old obligations 2703
Petition for leave to adopt children 2704
Naval Stores —
City Council of Charleston to appoint Inspectors of 1586
Bond of Inspectors ; duties of, &c 1587-1595
Navigable Streams —
Defined and declared to be public highways 133S
Obstruction of, a nuisance ; may be abated 133S
Negotiable Paper —
Banks may make loans on 1774
[See Bills and Notes.]
Newberry County —
Location and boundaries .- 559
Voting precincts in 203
Number of Representatives 12
1328 INDEX TO CIVIL CODE.
SEC.
Newberry County — (Continued.)
Magistrates in 1034
Drainage in 1465
No. Cotton Weighers in 1555
Salary Clerk of Court 3107
Coroner 3144
Newspapers —
Advertising legal notices, &c., in; charges for publication 3091
New Trials —
Circuit Courts may grant 2734
North Carolina —
Copies of grants and plats issued by, when admissible in evidence. . 2895
Notaries Public —
Appointment of ; term of office 662
Oaths of 66s
Seal of 664
Power of 665
No jurisdiction in criminal cases 666
Affidavits of, in other States good ; when 671
If dead or absent, protest of bill or note good evidence 1670
When protest of, sufficient evidence of notice 2884
Fees of 3123
Notes —
[See Bills and Notes.]
Notice —
Of intention to use copies of papers in evidence 2892
Publication of legal 3091-3093
Nuisance —
Attorney General to prosecute for, on public lands 163, 641
Obstructing navigable streams a 1335
Nuncupative Wills —
When valid ; how proved, &c 2496
Time of proving 2497
Competency of witnesses to 2498
Kindred to be cited before probate of 2499
Nurserymen — ■
Inspection stock of 750
Non-resident 751
0
Oaths —
Of members of the General Assembly 13
Of officers 582
Additional, by certain officers in respect to gaming 583
INDEX TO CIVIL CODE. 1329
SEC.
Oaths — (Continued.)
Attorneys, solicitors and counsellors to take, in open Court 2814
Board of Equalization, members of, to take 389
Census takers, form of, to be taken by 169
Members of family must give information to census takers on 168
Clerk of Court to take, in addition to, prescribed by Section 582
and 583 90s
Of Deputy Clerk of Court 906
Commissioners of Deeds to take 668
Of Commissioners and Managers of Election 206
their Clerk 207
voter 208
Constable 1048
Coroner 882
Deputy Coroner 884
County Superintendent of Education 1 186
Inspector of Flour in City of Charleston 1559
Timber 1604
Justice of Supreme Court 2722
Magistrates 984
Master 968
Notaries Public 663
Pilots 1622
Probate Judge 957
Register Mesne Conveyance 94^
Reporter Supreme Court 2726
Sheriff 828
Deputy Sheriff 831
State Superintendent of Education ii74
Witness, juror or party may affirm instead of taking 2827
By petitioner for relief as insolvent debtor 3074
Form of, of executor or administrator with will annexed 2503
Appraisers on goods of deceased persons 2535
Form of, to set off homestead 2635
Objections —
In civil causes 2940
Must be before trial , 2946
Obligations —
Change of name not to affect 2703
Oconee County —
Location and boundaries S6o
Voting precincts in 203
Number of Representatives 12
Magistrates in 1235
Drainage in 1488
Stock Law exemption in 1523
7-1.
1330 INDEX TO CIVIL CODE.
SEC.
Oconee County — (Continued.)
Cotton Weighers in 1555
Seneca Township 1557
Fees Clerk of Court in 3103
Officers —
Required to take certain oaths 582
County, required to take oath as to sharing profits of office 583
Certain, to take oath in respect to gambling 582
Form of bond given by 584
By whom bonds of, examined and approved 590, 591
Bonds of, to be recorded 592
Annual examination of State, by whom made 593
Of County, by whom made 594
Certified copies of bonds of, evidence ; when 59^5
Distribution of moneys received on bonds of 596
How surety on bond of, may be relieved 59/
Proceeding when new bond required 598
May secure bonds of surety company 599, 600
Buying and selling offices prohibited 601
Sale of offices void 602
Nepotism prohibited 604
Acts of delinquent, before removed valid • 603
Must turn over money to successor 605
Not to contract in excess of tax levied or appropriation made 606
Not to divert public funds 607
Not to absent from State without leave 608
Not to issue certificates of indebtedness 609
Having charge of public building, may insure 128
Not entitled to pay until commissioned 610
Must keep itemized statement of receipts 611
In Executive Department 613
To be furnished stationery and stamps 615
To pay moneys collected into State Treasury 616
Vacancies in State, how filled 614
In offices of Governor and Lieutenant Governor, how filled 617
Having distribution of public money must publish monthly state-
ment 67
Fees of 3100-3128
Extortion in charging costs, &c 3129
Offices —
Buying and selling of, forbidden ► 6oi
Bargain for sale of, void 602
Official Bonds —
Form of 584
Dispensers' 585
Assistant counsel in actions on 586
INDEX TO CIVIL CODE. 1331
SEC.
Official Bonds — (Continued.)
Comptroller General to print and distribute form of 587
Certain companies may sign as surety 599, 600
Orangeburg County —
Location and boundaries 561
Voting precincts in 203
Number of Representatives 12
Magistrates in 1036
Term of service of jurors in 2927
Names in special jury box for 2911, 2912
Probate Judge to act as Master in 965
Traffic in seed cotton in 1549, ISSO
Fees of Clerk of Court in 3104, 3110
Probate Judge in 3116
Sheriff in 3120
Salary of Sheriff in 3120
Road tax in 1382, 1390
Order of Reference —
When Clerk of Court may sign 915
Master may make 976
Overseers of Roads —
[See Highways and Bridges.]
Overseers of the Poor —
[See County Board of Commissioners j Paupers.]
Oysters —
Protection of beds by Sinking Fund Commission 153
Duties of Board of Sinking Fund Commissioners and of the Fish
Commissioner as to 2323-2332
The Board of Sinking Fund Commissioners and the Fish Commis-
sioner to make rules for the protection of 153
License required to gather 2333
Use of dredge prohibited 2334
Arrest of violators 233S
Enforcement of license law 2336-2337
P
Pardons —
Certified copies filed with Clerk of Court 637
Parents —
Custody of minor children may be disposed of by; when and how. . 2689
Employees of minors to pay, when 2694
Payment of money in Court to 2836
1332 INDEX TO CIVIL CODE.
SEC.
Parol Agreements —
Certain, void as to creditors 2655
Statute of Frauds as to 2650-2656
Partition —
Master may grant orders in 977
Compellable between joint tenants 2436
Jurisdiction of Court of Common Pleas in 2437
Judges may hear and determine actions for, at chambers 2736
Partner — *•
Must list property for taxation 268
Partnership —
[See Limited Partnership, 1680- i/o/.]
Party —
Definition of, with regard to taxation 265
Examination of, before Clerk 2878
Party Walls —
In towns and cities, rules as to 2454, 2455
Passengers —
On board quarantined vessel, regulations as to ii57j ii43, nsS
On railroads ; regulations as to 2157-2174
Patent Medicines —
Sale of, &c 1126, 1747
Paupers —
County Commissioners to provide for 785
City authorities of Columbia and Charleston to provide for 1062
County Commissioners to be overseers of poor house and farm, &c. 1056
How legal settlements of, may be acquired 1057
Of other places, how cared for 1058
How removed to proper County 1059, 1060
Notice and answer may be sent by mail 1061
Annual returns to Secretary of State 1063
Annual Report to the Court. 792
Abstract of returns to be transmitted to General Assertibly by Sec-
retary of State 1064
Commissioners to provide physician and hospital accommodations . . 786
receive legacies for use of, may prosecute for re-
covery 787
may bind out, as apprentices 788
illegitimate 7^8
may bring them before Board by warrant 923
may send all pauper lunatics, &c., to State Hospital
for the Insane 925
INDEX TO CIVIL CODE. 1333
SEC.
Paupers — (Continued.)
Moneys due on recognizances for maintenance, when to be paid 789
Contracts as to Poor House and paupers 790, 791
Paupers as beneficiaries in State Hospital for the Insane 2252-2256
Removal of certain paupers from 2269
Pawnbrokers —
Returns of, for taxation 274
License required of 1748
To whom and how granted 1749
Actions against 1750
Books kept by 175 1
inspected 1753
Memorandum given borrower 1752
Interest charges regulated 1754
When pledge may be sold 1755
Penalties for violating regulations 1756
Pay—
Of witnesses in civil cases 2863, 3130
In Criminal cases 3131
Experts as witnesses 3125
In Magistrates' Courts 2864
Of jurors in Circuit and Magistrates' Courts 2839
Payment —
By surety not to discharge judgment against principal 2839
By one surety not to discharge co-surety 2840
Payment of Debts and Legacies —
Executors, &c., to publish notice to creditors, &c 2536
Creditor neglecting to render, executor not liable 2537
Order ; no preference to creditors in equal degree 2538
Crops to be assets, when 2539
Emblements, when to be assets, and when to pass with lands 2540
Effects of deceased non-residents liable for, to citizens as upon
specialty 2541
When and how demands may be compromised 2542
If assets arg insufficient to pay, real estate to be sold and proceeds
appHed 2543
Executor or administrator to give bond for due administration
offered 2544
Proceeds of sale to be paid upon petition of creditors ; proviso 2545
Upon such application executor or administrator to account for
assets 2546
Heirs or devisees to be summoned ; form of summons 2547
Service of copy ; proviso 2548
Citation of non-resident by publication; disposition of proceeds. . . . 2549
Full record to be kept, &c 2550
Fee of Probate Judge; how paid 2551
1334 INDEX TO CIVIL CODE.
SEC.
Payment of Debts and Legacies — (Continued.)
Sheriff to serve process ; fees of 2552
Sheriff's costs, how collected 2553
Peddlers —
[See Hawkers and Peddlers, 1742-1^47.']
Penalties —
And fines of State Militia 526- 528
All, imposed in Sessions to be turned over to County Treasurer. . . 936
Disposition of, imposed in Magistrates' Courts 999
Against —
Members of family refusing to give information to Census Taker
on oath 168
Persons failing to list property for taxation 333
Constables for not paying over moneys on sales 1050
neglecting to enforce or return execution 1053
oppression in office; in civil action; proviso 1054
Escheator, for neglect of duty 2997
Express and telegraph companies, for failure to make returns. .. 300
Persons, for taking more toll than allowed 1576
For delinquent jurors in Magistrates' Courts 988
master or commander, carrying off pilots 1638
Pilots, for neglect of duties, &c 1626, 1627, 1628, 1647, 1648, 1649
Harbor Master, for neglect of duty, &c 1644
Banks —
For exceeding proportion of circulating notes to gold 1759
failure to report to Comptroller General 1761
Failing to publish quarterly statement 1766
Clerk of Court —
For leaving Court House open at night 909
Public Officers —
For selling public office 601
failing to turn over money to successor 605
Railroad Companies —
For failure to make returns 285
refusal, agent, &c., to make report 2078
failure to post schedule rates 2093
discrimination in storage charges 2095
discrimination in forwarding freight, &c 2106
failure to connect tracks 2109
transfer cars 2112
violation rules of Railroad Commission 2116, 2164
carrying passengers both races in same car 2162
failure to post notice as to trains behind time 2170
operating competing lines 2210
running trains on Sunday 2124
INDEX TO CIVIL CODE. I335
SEC.
Penalties — (Continued.)
Railroad Companies —
For neglect of County Commissioners 2148
as to naphtha and stoves by 2129
to furnish accommodations for passengers 2157
refusal to check baggage 2166
If passenger coaches have not two water closets 2128, 2162
For neglect of duty when passenger train behind time 2170
violation as to "explosive compound" 2152
refusal to give receipt for merchandise 2175
injuring railroad 2200
obstructing engine 2201
violation Railroad Law 2202, 2206
failure to construct cattle guard 2186
not notifying Commissioners and physician 2137
injuries at crossings 2139
refusing to issue duplicate receipt, &c 21 18
violation of Chapter 51 by "Directors, &c 2206
failure of jurors to attend 2199
Sheriffs —
For failure to turn over money to successor 841
refusing to pay over money collected 857
purchasing judgments or executions 859
permitting certain prisoners to escape 860
For Secretary of State making false certificates 630
Solicitor failing to report to Comptroller General 656
For non-payment of taxes 40o
Comptroller may remit 4o8
For road overseer refusing to serve I3SI
fish traps, &c., near dams 1412
bridges obstructing navigation 14^4
not removing obstructing bridges I4i5
not furnishing toll bridges with lights 14^7
delaying passengers at ferry I45l
trespassing stock 1499
neglect of posting name of firm .' I705
posting up incorrect sign 1706
fraudulent conveyance 2371
not entering satisfaction on mortgages 2376
tenants failing to give possession ; when 241 1
Clerk of Court refusing to deposit moneys 2830
witness failing to attend before Commissioners 2865
refusing to testify 2866
false schedule 3078
refusal to allow creditors to examine insolvent debtor asking
for discharge 3o86
usury ^°°3
mining phosphate without license 148
buying or receiving from a person not licensed I49
1336 INDEX TO CIVIL CODE.
SEC.
Penalties — (Continued.)
Magistrates, neglect of duty as to dams and drains 1463
excessive charge storage of cotton 1544
extortion by officers in charging costs 3129
Pensions —
Clerk of State Board of 672
Comptroller General to report names of pensioners 683
Appropriation to be made for 1065
Who shall receive 1066
In what amounts 1067
Application for, contents 1068
Application to be verified by Auditor's certificate 1069
County Pension Board; how composed, duties, &c 1070, 1076, 1077
County Pension Board Quorum; report to State Board, &c 1071
County Pension Board ; records to be kept by 1074
County Pension Board, examination of applicants by 1073
State Board of Pensions, to revise lists 1075, 1072
State Board of Pensions, how composed 1078
Special provisions in absence of County Board 1080
Mistakes in list, &c., how remedied 1083
Comptroller General to issue warrants for 1081
Comptroller General to issue pension blanks 1082
Perpetuating Testimony —
Of lost judgments, deeds, decrees, records, &c 2903, 2904
Personal Property —
Who to pay taxes on 262
Definition of 265
What exempt from taxation 266
How valued for taxation ;^;}y, 338
Sales of, for delinquent taxes 409, 410
Certain agreements for sale of, void ■. . 2653
To which there is no heir, to revert to State 2989
Sale of, under chattel mortgage, how advertised 3004
Advertising sale of, generally 3093
Petition-
To enforce lien on buildings and land 3015, 3017
ship and vessels 3051, 3052
Pharmaceutical Examiners —
Board of, appointed 1 1 16
Power of Board 1 1 17
Pharmaceutists —
Must obtain licenses from whom 1118.
Applicants to undergo examination 11 19
Who exempt from examination 1 120
Association to preserve records 1121
INDEX TO CIVIL CODE. 1337
SEC.
Pharmaceutists — (Continued.)
To register all names of 1 122
[See Apothecaries.]
Phosphate Deposits —
Board of Commissioners; constitution of and compensation 130
Chairman, &c., of Board ; quorum 131
Board has exclusive control of State's interest in; exception 132
Powers, rights, &c., of Board 133
Charged "with protection of State's interests in all, and mines as
against adverse claimants 134
Survey of State's territory 135
Inspector ; appointment and pay of 136
Power of Board as to grant of licenses 137
May grant or refuse application for license 138
Bond of licensee ; condition ; how approved 139
Returns of rock mined and payment of royalty ; when and to whom
made 140
Power of Board to raise royalty and limit thereof; notice of in-
crease 141, 142
Board notifies Comptroller-General of licenses issued; times and
particulars of 143
When additional security to bonds may be required; proceedings.. 144
Proceedings for relief of sureties; new bond and its effect 145
Coosaw River territory; powers and duties of Board m relation
thereto 146
Board to report annually to General Assembly 147
Mining without license ; penalty 148
Buying or receiving from person not licensed 149
Penalty 150
Board may take proceedings to prevent interference 151
Forfeiture of boats, dredges, &c., used by unlicensed persons ; pro-
ceedings to enforce same 152
Physicians and Surgeons —
County to pay for testifying as experts (s. d. 3) 794
County Commissioners may appoint, for the poor 786
For Chaingang 784
Qualification of 1 1 12
Unqualified, not entitled to compensation ; exception 11 13
Qualified, entitled to charge, sue for and collect fees 11 14
Fees of, as experts 3 125
Fees of, testifying at inquests 1115, 3125
Pickens County —
Location and boundaries 562
Voting precincts in 203
Number of Representatives 12
Magistrates in 1037
Drainage in 1465-1487, 1488
1338 INDEX TO CIVIL CODE.
SEC.
Pickens County — (Continued.)
Stock law exemption in 1524
No. Cotton Weighers in Town of Liberty 1555
Election of cotton weighers in Pickens C. H., Easley and Liberty. . 1557
Fees Clerk of Court in 3103, 3110
Roads in, working 1359
Pilotage —
Appointment of Commissioners of 1616
Composition and jurisdiction of Boards of Commissioners 1617
To organize Boards of examination 1619
Examination fee 1620
Apprentices 1621
Licenses 1622
Bond 1623
Surrender of licenses 1624
Number of pilots limited 1625
Pilots not to engage in other business 1626
Penalties for pilot discontinuing his duties without leave 1627
Power of Board on charge of dereliction of duty by pilot 1628
Pilot may not hire out boat without leave 1629
Duty of pilots during war 1630
Must offer services to nearest vessel 1631
To convey vessels to quarantine 1632
Pilot ground of Charleston 1633
Rates of fees for special services •. 1634
Exclusive rights of pilots, &c 1635
No unlicensed person to act as pilot 1636
Signal for departure of vessel 1637
Penalty for carrying off a pilot 1638
Descriptive designation of boats; penalty for not numbering 1639
Pilots to remain aboard of anchored vessels, when required; pay. . 1640
Rates of, at Charleston ; how fixed at other ports 1641
When not compelled to employ a pilot 1642
Board to prescribe regulation 1643
Harbor Master to keep register of pilots and their boats ; duties as
to, &c 1644
Board to examine causes of disaster 1645
Fines ; how collected 1646
Power of Board ; station duty of pilot boats 1647
Penalty for violating rules and regulations 1648
Pilots —
To ascertain whether incoming vessels are subject to quarantine
examination 1 148
To notify vessels so subject to proceed to quarantine anchorage. . . . 1149
Duty conducting vessel subject to quarantine 11 50
Pitch —
[See Naval Stores.]
INDEX TO CIVIL CODE. 1339
SEC.
Place —
Jurors may be taken to view 2950
Plants —
Inspection, sale, transportation and introduction of 742- 752
Diseased, treatment of 745
Diseased, sale of 746
Plays and Shows —
Clerk of Court to pay over taxes received from 936
Tax on, in unincorporated towns; amount; to whom payable 2315
Execution for whom and by whom issued; how enforced; disposi-
tion of money 2316
When municipal authorities to collect 2317
Theatrical entertainments in Charleston, how licensed 2318
Circus and shows connected must have license from Clerk; amount. 2319
Municipal authorities may impose and collect fines or licenses 2320
Pledges —
Description to be kept by pawnbrokers 1751
Memorandum describing 1752
Inspection of books showing 1753
Sale of 1755
Poison —
Sale of; record to be kept 1124
Poisonous medicines and drugs ; labeled 1125
Poisonous ingredients in foods, &c 1582
Poll Lists —
Clerk of Managers to keep 214
Polls —
Opening and closing of 208
[See Elections.}
Poll Tax —
Who liable for 259
Duty of County Treasurers as to ; how accounts to be kept and how
funds expended 1221, 1222
Apportionment of 1202
Treasurer's report as to persons paying 1222
Auditor's report as to persons listed 347, 1220
Auditor to state taxpayer's school district 346
Poor Children —
County Commissioners may bind out, as apprentices 788
Poor House and Farm —
Exempt from taxation (s. d. 8) 266
County Commissioners in each County to provide and supervise.785, 786
I340 INDEX TO CIVIL CODE.
SEC.
Pork and Beef —
Weight, packing and contents of barrels 1596
Penalty for killing cattle for packing not previously penned twelve
hours 1597
What barrels to be made of 1598
Possession —
Of trust estates to be in beneficiaries 2580
Posthumous Child —
To receive equal share 2484
Provision for, after will 2485
Powers — -
In mortgages of real estate, sales under 2380, 2381
Precincts —
For voting, in the State, location and name of 203
Defined 202
President and Vice President of United States —
How voted for in this State 239- 252
President of Senate —
Acts on State Board of Canvassers, when 225
Acts as Governor, when 617
Primogeniture —
The right of, abolished 2467
Primary Election 255- 258
Principal and Agent —
See Agency 1678, 1679
Principal and Surety —
[See Sureties.]
Printing —
Public, and for General Assembly 39- 56
Prisoners —
Penalt}'' for permitting, to go at large committed on civil process. . 860
When Plaintiff liable for maintenance and when may be discharged 861
Sheriff liable for damage for negligent escape of 862
[See Chain Gang.]
Private Roads —
Gates on 1338
Not to be worked by road hands 1373
Private Secretary of Governor —
How appointed ; duties and salary of 622
INDEX TO CIVIL CODE. 1341
SEC.
Probate Court —
[See Judge of Probate.']
Probate of Wills —
[See Wills.]
Process —
Not to be served on Sunday ; exception 848
Clerk of Court to issue, &c : 921
Service of, by Constables 1051
Execution and return of, by Constables 1050
Not to be discontinued by failure of Court to sit 2831
Judge of Circuit Court may award 2733
Prohibition —
Judges of Courts of Common Pleas may grant writs of 2736
Proof —
Of laws of other States 2890
Of public records of other States 2899
Of laws and records of this State 2888
Of municipal records 2889
Of lost deeds 2896
Of recorded deeds, &c 2897
[See Evidence.]
Property —
State, under charge of Secretary of State 88
What taxable 260
Different kinds of 265
What, exempt from taxation 266
Taxes a first lien on 263
Annual returns of 268
In whose name to be returned 268
What persons must make returns of 268
' How listed and returned 269
Where to be returned 270
How valued for taxation 271
Real property, when returned 272
Sales of, for delinquent taxes 108-111, 423- 428
Sheriff to make title to, sold by predecessor 866
Sheriff to seize, advertise and sell, &c 4-23
Purchasers of, at sale liable for loss at resale 1609
Remedy of owner of, against auctioneers 1610
Left with mechanics for repairs may be sold, when and by whom. . 1739
Commissions on such sales 174°
Prosecuting Officer —
Not to take fees from prosecutor 648
1342 INDEX TO CIVIL CODE.
SEC.
Protests —
On inland bills, if not accepted 1666
Notice of, necessary to charge endorser 1667
When unnecessary 1668
When bill accepted for debt accounted a payment 1669
Good evidence, if Notary be dead or absent 1670
Publication —
Of Acts, Joint Resolutions and official reports, &c 47
General and special laws, how arranged for; by whom done and
allowance for 55
Of sale of property 2616, 2617, 3093
Of legal notices ; time for 3091
Public Health —
[See Health.]
Public Officers —
[See Officers.]
Public Printer —
How elected ; and term of office 39
Bond and duties of 40
Vacancy in office of, how filled 41
To set all work compactly 48
How his bill verified and approved 49
Manuscript Reports, size of sheets for 51
When Reports of public officers to be handed to 62
Public Printing —
Prices to be paid for 39
How laws. Journals, records, &c., to be printed 42
Bills and Joint Resolutions, how printed 46
Publication of Acts, Joint Resolutions and official Reports regu-
lated 47
One Report not to be reprinted in another 50
For State Board of Health, how paid 52
Cost of, for Departments, &c., to be reported annually to Comp-
troller General 53
How and by whom faithful execution of, for each House cer-
tified, &c 54
List of charters, how printed 55) 63
Indexing and making marginal notes to Acts and Joint Resolutions,
by whom done and allowance therefor; general and special
laws, how arranged for publication 55, 63
How paid for 56
Reports, how to be printed 43, 63
contents of 45
Standard of measurement 44
INDEX TO CIVIL CODE. 1343
SEC.
Public Reports and Documents —
[See Reports.]
Purchasers —
At auctions, failing to comply, liable for losses, &c 1609
a
Qualifications —
Of officers and attachees of General Assembly 22
Of Electors 174
Quarantine —
Administration of, at port of Charleston; officer, appointment,
term, salary of 1135
Other ports of State; supervision and control of; officers, appoint-
ment, term, salary of
Administration of, at Beaufort
Lazaretto, site of
Station of, officers in Charleston harbor
Anchorage ground for vessels at, how designated, &c
Vessels subject to, regulations concerning
Vessels at, on November ist, to what rules subject
Vessels arriving after November ist, regulation as to
at wharves may be ordered to, ground; by whom and how.
bound North, after examination may pass on their voyage.
released from, to deliver permit to city authorities
arriving at, may return to sea
Pilots to ascertain whether incoming vessels are subject to ex-
amination
To notify vessels so subject to proceed to, anchorage
Duties of pilots in relation to vessels under their charge and sub-
ject to
Officer, to board vessels, ascertain their condition, and report to
municipal authorities'
To reside near, grounds ; powers
May cause arrest of persons violating, laws or regulations, &c
Vessels at, to be distinguished
Restrictions upon passengers and landing of boats, &c
Lighter not to unload vessels at
Maintenance of passengers at ; how provided for
Criminal passengers may be confined on shore, &c
Appeal lies from, officers to Board of Appeals; Board, how con-
stituted, &c
How appeal made and prosecuted
Power of, officer to enforce orders; lien on vessel for expenses. . . .
State Board of Health controls, system; powers as to
Sanitary Inspectors, when and by whom appointed
Duty and power of Inspectors
Appropriation to pay expenses
136
137
138
139
140
141
142
143
144
145
146
147
148
149
ISO
151
152
153
154
155
156
157
IS8
159
160
i6i
089
162
163
164
1344 INDEX TO CIVIL CODE.
SEC.
Quarantine — (Continued.)
Governor may declare place infected, &c 1165
Duration of proclamation 1 166
Vessels from infected places subject to 1167
"Health Officers" to include deputies, who must be physicians 1168
Officers of, may employ force 1 169
May fire upon vessel violating laws 1170
Boats and armed men may be employed by Governor to enforce
laws , 1171
Harbor Commission of Charleston harbor, authority of 1172
Charges of 1173
R
Races —
Intermarriages of, prohibited 2664
Rafts —
How to pass under bridges 1421
Railings —
Owners of toll bridges to erect 1416
Railroad Law —
Definition of terms ; to whom applicable 2024
Liability of corporation operating road of another corporation;
trustees and receivers, liabilities of 2025
Persons occupying office at railway stations, &c., to be deemed
agents of corporation to whom charter was granted 2026
Construction of word "person" or "persons" 2027
Rules of evidence 2028
Amendments to charter granted under Act 17th December, 1841. . . . 2029
Liability at common law not limited by public notice 1709
Restrictions as to executing mortgages 2037
Holders of each share of stock entitled to one vote; exception 1929
Proxies, execution and limitation of; penalty 2038
Annual schedule and report to be filed by railroad company in office
of Railroad Commissioners 2039
May extend lines and branches ; limit ; right of way 2040
Obstruction of water courses by 2041
Formation of Corporations by Purchasers —
Purchasers at certain sales may form; certificate to be filed;
where, &c 2042
Powers, rights, &c., of new 2046
May issue bonds ; rate of interest; mortgage railroad property. . . 2047
May establish sinking fund; issue stock; to what amounts; make
by-laws, &c 2048
To hold subject to Section 1842 2049
Owners of abandoned roads to operate same 2043-2045
INDEX TO CIVIL CODE. 1345
Railroad Law — (Continued.)
Incorporation of Railroad Companies —
Proceedings on application to Legislature for charter 32- 34
Petition for charter, contents ^2-
Proceedings under General Law to obtain charter -1917-1934
Petition for charter, contents jgj-
Commission to organize; subscription books, &c igi8
Notice of opening subscriptions jqjg
Subscriptions, how payable jgjg
When to organize
Return of corporators ; issuance of charter ig2i
Effect of irregularities in proceedings ip22
Transfer of assets to corporation 102^
Rights to exercise power of eminent domain 1024
Other powers * ^ ,
1924
Amendment of charters jq^,-
Increase of capital stock ".V. . .1926, 1927
Duration of charter " ' ^8
Subject to repeal ^ g
Construction to begin 28
Stockholders meetings jq2q
Issuance capital stock '.".'.'.".".'.'.'1930, 1932
Fictitious issue
Directors' qualifications „, ^
Right to tolls, &c .y^................... 1933
Fees to be paid into Treasury 1934
Foreign corporations to become aomesticated, &c .1791-1794
Consolidation of Companies and other Provisions—
May merge and form continuous lines ; proviso 2050
How effected, and new company formed " 2051
Rights, privileges and franchises of ^ .\" 2052
Transfer of rights, &c., of each corporation; liabilities' .' ........ 2053
Shall establish offices ^oe^
Liability to suits - ' ' ' ' ^^S^
Subject to taxation. " g
Privileges of stockholders opposing consolidation; proceed- "
ings by
« , , * / 2057
May purchase connecting roads, when; rights, franchises and
privileges 2058,2059
May purchase bonds and stock of other companies ; and purchase
or lease other roads ; proviso ; and guarantee their bonds and
stocks, &c . . . . r
Ownership of certain stock prohibited........ 2061
May aid in construction of other railroads or steamboat Vines .' '.'.'. 2062
Ibee Railroad Commission.]
Provisions as to Discrimination and Unreasonable Charges—
Unreasonable rates extortion 2083
Unjust discrimination prohibited ...'.'..."."......' 2084
8— L
1346 INDEX TO CIVIL CODE.
SEC.
Railroad Law — (Continued.)
Provisions as to Discrimination and Unreasonable Charges —
For freight and passengers of same class, other than in propor-
tion to distance carried, unlawful 2085
Long and short hauls 2086
When reduced rates allowed 2087
Provisions of Article apply to continuous or part continuous car-
riage 2088
Consignees entitled to itemized statement of charges 2089
Consignee may require settlement according to bill of lading, &c. ;
penalty 2090
Shipper to designate route 2105
Cotton, how classified; right of carrier to demand weights and
adopt same, &c 2091
Connecting roads not to discriminate in delivering freights ;
proviso 2097
Nor by refusing to receive freight or issue through bills of
lading, &c 2098
Nor in rates of freight ; rates must be uniform 2099
Nor in storage charges 2095
Must receive cars from connecting lines 2102
Must recognize through bills of lading 2103
Interchange of freight 2104, 2107-2108
To receive cars from other roads on equal terms ; provision as
to rebates, fraud, &c 2101, 2102
Required to j oin tracks 2109
Right of way for 21 10
Crossing other tracks 2111
Transfer fees on cars 21 12
Connecting roads under same management operated as one 21 15
Authorized to join tracks, when and in what manner; expenses,
how paid 21 13
Right to use necessary franchise ; how to obtain 21 14
Violation of rules after notice; penalty; action for recoverj-- in-
stituted; recompense to be made 21 16
Injuries to persons; recovery' ; damages; limitation of time 2117
Duplicate receipts ; delivery of goods ; penalty 21 18
M and atnus to require compliance; disobedi-ence ; costs, &c....'. . 21 19
Names and residences of President and Directors 2120
Regulations aj to Running Trains on Sunday and Carriage of
Animals —
Prohibited from running on Sunday ; exceptions 2121
Certain, may run 2122
Delayed by accident, &c., may run as usual to point of rest 2123
Penalty for violation 2124
Cars must not be overloaded with animals ; confinement of, lim-
ited ; to be cared for ; penalty ; proviso 2125
Construction of certain words, &:c 2126
INDEX TO CIVIL CODE. 1347
SEC.
Railroad Law — (Continued.)
Regulations for the Prevention of Accidents and Concerning Re-
sponsibility Therefor —
Formation of trains 2130
Brakes to be attached ; brakemen stationed 2127
Must be equipped with tools 2128
Naptha, &c., use of, for lighting regulated ; stoves to be fastened ;
penalty 2129
Crossing other tracks, to stop 2131
Signals to be given at crossings 2132
Sign boards at crossings ; how marked 2133
Passenger trains must stop at station 2134
Responsible for damages by fire, when; insurable interest 2135
New railroads, when and how opened 2136
Accidents, notice to physician and Commissioners; penalty 2137
Judgment for injury relates back; lien of 2138
Injuries at crossings for want of signals, penalties for 2139
Must comply with decisions as to crossings 2144
County Commissioners to examine crossings of highways; no-
tice, &c 2140
Their power as to unsafe crossings 2141
Flagmen at 2142
Appeal to Court 2143
County Commissioners to report yearly examination to Clerk of
Court ; compensation 214S
To keep record of duties performed 2146
Sign boards ; duty of County Commissioners •. 2147
Penalty for neglect of duty by 2148
Railroad company to construct and maintain bridges, &c., in what
cases 2149
Explosive compounds, regulations as to transportation of 2150
Must be packed and marked as prescribed; carriers may decline
to receive 2151
Penalty for violating two preceding Sections 2152
Magistrate may issue search warrant on complaint, &c 2153
When seized under search warrant may be adjudged forfeited
and ordered to be destroyed 2154
Damages for injury by explosion of 2155
"Explosive compounds" defined 2156
Regulations for the Accommodation, &c., of Passengers, and in
Respect to Merchandise —
Reasonable accommodation for passengers must be furnished;
penalty 2157
Separate coaches for each race 2158
Exceptions to 2158 2159, 2161
Penalty 2160, 2162
Schedules passenger trains 2163
„ Penalty for failure to observe orders of Commission 2164
Passenger rates 2165
1348 INDEX TO CIVIL CODE.
SEC.
Railroad Law — (Continued.)
Regulations for the Accommodation, &c., of Passengers, and in
Respect to Merchandise —
Bicycles to be checked 2167
Erection of depots 2169
Must check baggage ; penalty for refusal 2166
Records —
Rooms to be kept at station for 2168
Passenger coaches to have two water closets 2158
Trains behind time ; duty of company as to ; penalty 2170
Notice of change in schedules or time tables to be published ;
when 2171
Conductors, baggage masters, engineers, &c., to wear badges, &c. 2172
Police powers of conductors and station agents 2173
Powers of conductors to eject passengers for disorderly conduct. 2174
Receipts to be given shipper for freight 2175
Erection of depots 2169
Liability connecting carriers 2176
Merchandise to be forwarded according to directions 2177
Cars and engines exempt from all attachment at certain times. . . . 2178
Railroad Crossings; Cattle Guards —
Crossing on level to be protected; how 2179, 2183
Highway or townway across railroad; how may be laid out 2184
Stock guards or cattle gap ; when company must construct 2185
Penalty for violation 2186
Alteration of highways at crossing 2181, 2182
Highways "hot to be obstructed 2180
Penalties and Forfeitures to and by Railroads —
Penalty for injuring railroad 2200
Penalty for obstructing cars 2201
Acts declared unlawful prohibited; damages and penalty; actions
for, &c 2202
Action to be regarded as subject of equity jurisdiction; afifirma-
tive relief ; injunction, &c 2203
Officers, employees, &c., of company compellable to testify; pro-
duction of books, &c 2204
Limitation of action; judgment, against whom to be rendered. . . 2205
Violation of this Chapter by Directors, officers, &c., of company
a misdemeanor ; penalty for 2206
Fines and forfeitures, how collected 2207
Rights of persons injured ; remedies cumulative 2208
Repeated violation of this Chapter by corporations ground for
forfeiture ; proceedings, &c 2209
Operation of competing lines 2209
Right of Way —
Notice to owner of land before entering ; how long ; how served ;
when consent presumed, &c 2187
Proceedings by corporation when owner refuses consent; peti-
tion, hearing of; order of Judge; organization of jury, &c.. 2188
INDEX TO CIVIL CODE. 1349
SEC.
Railroad Law — (Continued.)
Right of Way —
When Clerk interested, Probate Judge to act 2189
Jury to inspect premises, take testimony, fix compensation, &c.. . . 2190
Appeal to Circuit Court; notice, issue; verdict; new trial, &c 2191
Lands for depots, stations, &c 2192
Service of notice when owner is an infant, non compos or non-
resident 2193
Vested, how long, and for what purpose; fee to remain in owner. 2194
May be condemned for construction of other highways; proviso. 2195
Right of entry for survey; owner's right to compensation after
construction ; limitation 2196
Proceedings, when to be filed; when to be instituted 2197
Clerk's, Sheriff's and jurors' fees; by whom paid 2198
Penalty for failure of jurors to attend 2199
[See Railroad Commissioners.]
Registry of Conveyances, Leases and Liens —
Engines and cars, &c., to be marked for identification 634
Engines and cars, &c., conveyances, leases and mortgages, where
recorded 634
Engines and cars, &c., conveyances, leases and mortgages, when
recorded 634
Engines and cars, &c., conveyances, leases and mortgages, pro-
bating 635
Engines and cars, &c., conveyances, leases and mortgages, records 636
Engines and cars, &c., conveyances, leases and mortgages, copies
in evidence 636
Engines and cars, &c., conveyances, leases and mortgages, satis-
faction 62^
Engines and cars, &c., conveyances, leases and mortgages, penal-
ty not satisfying 62,6
Railroad Commissioners —
Election ; term of office ; oath ; liabilities ; vacancies, &c 2063
Quorum, &c 2064
Location of office ; Clerk, his salary, &c 2065
Expenses to be borne by the several railroads, &c., how apportioned
and collected 2066, 2221
To make freight and passenger tariffs 2092
To make schedule for rates for freight and passengers 2093
To make schedule for rates of storage on freight 2094
And Secretary, experts, &c., to have free transportation 2066
May require erection of depots 2169
To have supervision of all railroads operated by steam, express
companies and telegraph lines, &c 2067, 2220
Proceedings for violation of charters 2068
To give notice of repairs, &c 2069
To investigate complaints; notice in writing; proceedings as to. .. 2070
To investigate causes of accident, &c 2071
1350 INDEX TO CIVIL CODE.
SEC.
Railroad Commissioners — (Continued.)
May require information in certain cases 2072
Request or advice of, not to impair legal duty of company 2073
To make annual report to Legislature 2074
To require annual reports from companies ; furnish blanks, &c 2075
Pooling contracts to be submitted to ; their authority and duty as to 2076
May subpoena witnesses ; fees of, how paid ; attendance of, how en-
forced 2077
Penalty for refusal of officer, &c., to make report 2078
May propose interrogatories additional to those in schedule 2079
To examine into books of company 2080
Shall have access to list of stockholders 2081
Investigation of books, &c., personal visitation; examination of
agents, &c. ; powers of, as to witnesses and evidence 2082
To regulate construction of connecting tracks 2109
To supervise construction of railroad crossings 21 11
To fix transfer charges for cars 2112
May allow trains run on Sunday 2122
Railroad Companies —
To return property in use as personalty, &c 276
When returns to be made by, and to whom made 277, 278
How value of, property fixed and apportioned. . . .» 279
Property omitted from tax books, how assessed by Sinking Fund
Commission 104
Forms of returns and oath 280
Receiver makes returns, when 281
Comptroller's power relative to returns, &c 282
State Board of Assessors of 283
Comptroller to report assessment of, to County Auditor 284
Penalty for failing to make returns 285
Right of exemption from taxation 286
Property not on tax books 287 ; 104
Incorporation of 32-34; IQI?- I934
Consolidation of, &c 2050-2062
Formation by purchasers 2042-2049
[See Railroad Law.]
Real Estate —
Liens on, of no force after twenty years ; proviso 2449
Measure of damages in actions upon covenant 2450
Assessment of damages for trespass or waste; power of Judge. . . . 2451
Surveyor appointed for, in dispute 2452
If parties refuse. Court to nominate 2453
Party walls in cities and towns 2454
Each owner to pay half expense 2455
Who liable for taxes on 261
Where taxed 314
Proceeds of sale of, how applied 865
INDEX TO CIVIL CODE. 135^
SEC.
Real Estate — (Continued.)
Certain ancient grants made valid 2354
Titles derived through aliens confirmed 2359
Rights of aliens and foreign corporations to 1795. 2360
Distribution of ^468
May be sold in aid of assets to pay debts of deceased persons 2543
Liable for debts 2612
In trust, may be sold under execution against beneficaries 2613
Homestead in 2626
Probate of will efifectual as to 2508
Escheat of ^979
Proceeds of. at Sheriff's sale to be paid on prior lien 865
[See Lands.]
Receivers —
Personally liable for taxes 268- 271
Appointment of, for corporations 1S69
Duties of such ^77i
Of railroads ^°^°
Reciprocity —
Between Georgia and South Carolina 2
Recognizances —
Deposit of money in lieu of 2833-283S
Effect on, of failure to hold court 2831
Recorder of the City of Charleston—
To hold City Court ^777
Appointment, term of office and sessions of Court 2778
Jurisdiction of 2779,2780
Preliminary examinations before 2781
Deposit for appearance forfeited 2782
Trial by jury before ^783
To appoint Stenographer 2784
Qualifications of jurors ^^So
Practice in Court of ^^87
Writs and processes ^788
Power of 2789
Right of appeal from 2790
Not to plead in cases tried before him 2795
Has jurisdiction of Judicial Magistrate ; exception 2796
In absence of, Alderman to hold Court 2797
Recording —
Of conveyances, &c., in forty days 2456
deeds to married women 2459
livery of seizin 2460
United States Direct Tax Commissioners' titles 2463
Conveyances, Leases and Liens from railroad companies, &c.. .634- 636
Prerequisites for recording deeds, &c 948
1352 INDEX TO CIVIL CODE.
SEC.
Recording— (Continued.)
Books for 950
Satisfaction of certain liens 942, 943
Records —
To be kept by Sheriff 837
Clerk of Court to keep certain 910, 911
Not to be taken from office of Clerk of Court 9^4
Judge of Probate to make search and furnish copies of 960, 961
Of the Supreme Court, how kept 2723
Of this State, how proved 2892, 2896
Of this State, how proved 2892-2896
Municipal, how proved 2889
Auditors to keep, of real estate 366
Redemption —
From tax sales 423
From former mortgages 2461
Referees —
Fees of 3111
Register of Mesne Conveyance —
For Charleston and Greenville Counties 944. 945
Official bond and oaths of 94^
Deputy may be appointed 947
Prerequisites for recording deeds 94^
Not record conveyances without Auditor's endorsement 949, 2458
How instruments to be recorded 95°
When to give certified copies of records 95i
To record statement of builder's lien 3012
To index lien on crops for 3061
Fees of in Charleston County 3103
Fees of in Greenville County 310S
Regi strar- General —
Who is ; duties of : 1087
Registration of Electors —
Qualification of i74
To be registered i75
Auditor to act as 952
Appeals from Board 180
Board of ; appointment, term 176
compensation I77
duties 180
Books for ; preparation of 178
opening and closing I79
custody of 192
Persons registered before 1898 181
since 1898 182
INDEX TO CIVIL CODE. 1353
SEC.
Registration of Electors — (Continued.)
Registration, when made 183
Minors becoming of age 184
Certificates 185
Transfer of residence to another County 186
Revision of lists 187
Reports of persons disqualified 188, 189, 190
Where electors shall vote 191
Managers of election ; books furnished 193
In municipal elections 195- 201
[See Supervisor of Registration.]
Registration of Legal Instruments 2456-2463
What to be recorded 2463, 2456, 634
Possession not notice 2457
Memorandum livery of seizin 2460
U. S. Tax Commissioner's titles 2463
Railroad conveyances, &c 634- 636
Prerequisites to 948, 949, 2458
Endorsement on papers recorded 3106
Religious Societies —
How incorporated , 1902-1911
Remaindermen —
May compel guardian to produce minor 2955
If not produced, to be taken to be dead, and may enter on land 2956
May send beyond sea to view minor 2957
Not affected by feoffment with livery of seizin , 2465
Rents —
When administrator of life tenant may recover 2408
Amount recoverable ; apportionment, &c 2409
Effect of payment of, to grantor 2426
Must be laid to landlord by person taking goods under execution. . 2427
Lessor may distrain goods fraudulently removed 2428, 2432
Landlords may distrain for, when arrears ; proviso 2431
Action of debt may be brought for, due on demise for life 2433
What goods may be distrained 2429
Distress subject to prior liens ^ 2430
must be reasonable. 2434
Replevin of goods distrained 2435
Landlords to have lien for, on all crops 3057
Of lands by Sinking Fund Commission 115, 116
[See Landlord and Tenant.]
Repeal of Act —
Effect of 37
1354 INDEX TO CIVIL CODE.
SEC.
Reporter of the Supreme Court —
Appointment ; term ; oath 2726
Justices to furnish notes of decisions to 2726
To publish statement of case 2726
To cause reports to be printed 2726
To make digest of unreported cases, &c., and publish 2726
Salary of 2726
Reports —
Time for making, to General Assembly 65
Of public officers, when to be handed to Public Printer 66
Of persons disbursing public money 6y, 68
Of evidences of indebtedness to the State 69
Comptroller General to make, to the General Assembly as to debts
due the State 70
Secretary of State to make, as to corporations 71
Of Superintendent of Education 72
Superintendent of Education to consolidate, of County Superin-
tendents of Education, and make to General Assembly 73
Of Directors of State Penitentiary 74
Of Attorney General 75
Of Regents of State Hospital for Insane 76
Of Commissioners of Deaf, Dumb and Blind 77
Committee examining accounts of State Treasurer to make 78, 79
Of Census Commission 83
Of Commissioners of Sinking Fund 84
Of Railroad Commissioners 85
County Commissioners to, in detail, &c., through Comptroller
General 86
Of Health Officer 87
Of Code Commissioner 63, 64
Of Harbor Commissioners 1658
Reports of the Supreme Court —
To be printed and published 2726
State Librarian to distribute copies of 2732
Representatives —
[See General Assembly.]
Representatives in Congress —
How and when chosen 236
Of the Congressional Districts 237
Each District to elect one 238
[See Elections.]
Residence —
What constitutes, under Road Law 1366
Return —
Penalty for default of administrators and executors to make 2556
INDEX TO CIVIL CODE. 1355
SEC.
Return of Property for Taxation: —
[See Assessment, Taxation, Taxes.]
Revocation of Wills —
To be made only in writing, or by being destroyed by testator 2481
Marriage ; exception 2482
Rice-
How examined, &c. ; fraudulent mixtures I599> 1600
Rice Lands —
Redress for obstructing surplus water on 1459
Residents only to be summoned to survey 1462
[See Dams and Drains.]
Richland County —
Number of Representatives 12
Voting precincts in 203
Location and boundaries 563
Magistrates in 1038
Traffic in seed cotton in i549j iSSo
No. Cotton Weighers in 1555
Fees Clerk of Court in 3103
Salary Coroner 3143
Roads in, tax for 1390
Rights of Way —
[See Eminent Domain; Railroads.]
Roads —
[See Highways; Highways and Bridges.]
s
Sailors' Boarding Houses —
[See Immigrants and Seamen, Sections 2291-2304.]
Sale Book —
Sheriff to keep (Subdiv. 3) 837
Sales —
Of lands to pay debts 2543-2553
For future delivery 2310-2314
For taxes 108-111; 423- 427
By Executors, Administrators and Trustees 2600-261 1
By judgment debtors. 2622-2625
Of offices void 601- 602
Of plants regulated 742- 752
Of property taken in execution 2615
Of, to be advertised 2616, 2617
Length of time advertised 3093
Charges for advertisement 3091
i3s6 INDEX TO CIVIL CODE.
SEC.
Sales — (Continued.)
Salesday ' 2618
Places of Sheriffs' 2619
Hours of 2620
To be for cash 2621
By Sheriff of premises under homestead over $1,000 2628
Under chattel mortgage 3004
Under real estate mortgages 2380-2382
Under builder's lien 3028, 3029, 3030
Of ships or vessels under'lien 3052, 3055
Saluda County —
Location and boundaries 564
Magistrates in 1039
Number of Representatives 12
Voting precincts in 203
No. Cotton Weighers in 1555
Salary Clerk of Court 3107
Fees of Clerk of Court 3109
Salary of County officers 3145
Saluda Mountain Road 1452-1455
Salvage —
To whom allowed, &c 2289
Savannah River —
Reciprocity with Georgia as to 2
School Districts and Trustees —
Counties divided into, each to be a body corporate 1205
Controlled by Boards of Trustees 1206
School Districts tax districts 1207
Power to levy additional tax, &c. 1208
Taxpayer may designate school to receive his taxes 1208
Appointment of Trustees 1210
How school districts established in undesignated territories 1205
When district in two Counties 1209
Saving as to, created by special Act 1210, 1238
How appointed and how organized as Board 1210
Duty of Board in general 1211
Reports of teachers to Trustees 1215
Claims approved by Trustees 1216
Trustees exempt fr«m militia duty 1230
to provide school houses 1218
employ teachers 1218
suspend or dismiss pupils 1218
control school property 1218
visit schools 1218
not to receive pay as teachers 1218
buy school claims 1227
Regular session and special meetings 1212
Authority, and other duties of Board 1213
INDEX TO CIVIL CODE. . i3S7
SEC.
School Districts and Trvst^es— (Continued.)
Transfer of scholars from one district to another 12x4
Special provisions as to Charleston County 1244-1256
Scholastic Periods, Teachers and School Funds—
When year begins ; power of County Board of Examiners as to. . . . 1232
Months of, open ^^^3
Ages of pupils permitted to attend 1229
Report of teacher ; what to contain and with whom filed ; order for
, 121S
payment ^
Commissioners and Trustees receive no pay, when '. 1217
Claims against, how verified and established 1216
Annual closing; duty of Treasurer; unexpended balance, &c. .1225, 1226
Unlawful for certain officers to deal in 1227
Poll tax, duty of Treasurers as to, &c 1221, 1225
How disbursed J
Apportionment of school funds 1189, 123S, 1236
Mixed schools unlawful ^^^^
Minimum term ^^^^
Deficiency in school fund, how ascertained 1234
Dispensary fund apportioned in accordance with 1235
Printing for schools ■^^•^'
Text books to be furnished at cost 1239
condemned not to be used 1240
Old claims may be established, &c 1241
Arbor Day to be observed _ ^^42
[See County Superintendent of Education; and State Superinten-
dent of Education.]
Seals — ^
Sealed instruments, what are ^^77, 2307
Seamen —
[See Immigrants and, 2291-2304.]
Searches and Seizures—
For explosive compounds 2153, 2154
terrapin illegally held 2341, 2342
Secretary or State —
Has charge of public property
Is ex officio Keeper of State House and grounds 160, 633
member of Board of State Canvassers 224
State Board of Railroad Assessors 283
one of Board to examine bonds of public officers 593
Executive Department °^3
To act as escheator ^^75
Fees of 3ioi, 1890, 1904, 1881, 1888, 1791, 639
C 1 £ 628
Salary of
Bond of
In charge of records, &c., in Executive Chamber, when Governor
absent ; where office kept "^°
I3S8 INDEX TO CIVIL CODE.
SEC.
Secretary of State — (Continued.)
Oflfice hours 629
Penalty for false certificates 630
Records of Superintendent of Public Works; in charge of 631
To make and report abstract of returns of Overseers of Poor 632
Has charge of State's property not in other custody 88
Duties of —
To report to General Assembly as to corporations 71
census returns to Governor 83
As to census takers 167, 170
To prepare books, &c., and make return to General Assembly of
census 171
employ assistance on census returns 173
provide books for registration 178
Duplicate election returns to be filed with, when 218
Statement of election returns and poll lists sent to 221
To appoint meeting for State Board of Canvassers 223
receive returns from State Board of Canvassers and record
the same 227, 231
send certificates of election to those declared elected, and to
the Governor 232
publish results of elections 233
Duty of, as to certificates of elected Congressmen 234
To keep record of County officers elected 235
Board of State Canvassers to meet in office of 242
To send certificate of election to Presidential Electors 244
Duties of, as to College of Electors 247
Impression and description of seal of County Commissioners to
be filed in office of 793
Overseers of the Poor to report to 1063
To transmit such returns to General Assembly 1064
copies of pardons to Clerks of Court 637
record conveyances, leases and mortgages of railway equip-
ments, &c 634- 637
Seizin —
Certain deeds, &c., valid notwithstanding want of 2355
Livery of, to be recorded 2460
Senate —
Officers and employees of 18, 19
Stationery for 15
Fuel and gas for 17
Governor to appoint certain officers, by and with consent of 624
Sheep —
Lawful to kill dogs worrying 2351
Owners of dogs to pay for sheep killed 2352
INDEX TO CIVIL CODg. ^359
SEC.
Sheriff— 253, §20
Election of g^i
Vacancy in office of, how filled • • * g^^
When Coroner to act as " " g^
Clerk to act until Coroner takes charge - ^^^
Coroner to act when Sheriff a party ^^^
When and where to file his bond ' '^ ^ ^^
Amount of bond • • • • • • g^
Sureties liable immediately and absolutely ; when ^^
To qualify before assuming office ; how . '•;••••••••; r.
Of deputy not to practice law or act as Clerk of Court. . «29
Deputies, how appointed Sfid confirmed ; tenure ox office, &c «30
Deputy to take oath of office; duties of " ^^
Special Deputies, how and when appomted
Police officers in certain industrial comfllUrtities — ^^
Offices ; where kept ' " ' " g^^
Books to be kept, &c ' g g
To turn over furniture, books, &c., to successor -^^ ^
To pay successor moneys due as ; within what time ..,,,...•• ^^y
Commissions on such moneys ; how divided ' • '
Penalty for failure to pay over • ••" ^
Personal representatives of deceased ; when to pay over, &c ^4«
Two preceding Sections ; effect of
Must summon Constables to attend Court, &c. • .^ 4^
To attend Circuit Courts ; duties in connection therewith . , , - »44
To serve all process issued by competent authority • ^4^
Liability for illegal arrest. " ' g^^
Arrest, privilege from ; exception " '.'''^
No person to be servedon Sunday; exception; females not liable ^^^
to arrest in civil actions •
Escaped prisoners may be taken on Sundays and anywhere «49
Duty of, as to arrest and bail in civil action 5
Not to take attorney at law or officers of Court as bail »5i
May break into any house, when ['"'i o..
Must give notice of money collected ; when, how and to whom. . . . 853
Not liable to rule, &c., after two years from end of term ^54
Open contempt or breach of duty ; proceedings 3; 18-3120
Fees of o-<c
Liability for failure to execute final process or pay over money. . . . «50
To pay over money one day after demand • • • • •
Must furnish statement of reasons for failure to make execution, ^^^
when ; g-q
Penalty for purchasing j udgment or execution • • • • •
permitting prisoners committed by civil process to go ^^^
at large ••••••.••;•.; gg.
When plaintiff liable for maintenance of debtor in jail ^^^
Negligent escape, &c • ' gg^
Purchaser at their own sale void gg
How to apply proceeds of sale of real estate
i36o INDEX TO CIVIL CODE.
SEC.
Sheriff — (Continued.)
May make title to property sold by predecessor 866
judicial sales ; exception ; fees on 867
Collection of money ; how entered 868
Monthly statement to Auditor and Treasurer of fines, &c 869
To serve process issued by Probate Judge ; fees of 2552
Costs, how collected 2553
To make memorandum of levy, &c 2614
Property taken by, in execution to be sold auction 2615
To advertise same .2616, 2617
Days for sale by 2618
Place for sale by 2619
Hours of sale by 2620
Sales by, to be for cash 2621
How to proceed when judgment creditors object to sale 2623
Endorsement by, on deed 2624
How to proceed when property brings more at his sale than at
sale by debtor ; effect of 2625
To seize and sell property for taxes 108, 423
Deed, prima facie evidence of good title; limitation of action. .426, iii
Duty of, in making levies and collecting taxes 108, 428
Shingles and Staves —
Material and dimensions of 1601
Ships and Vessels —
Lien on, for labor and material 3048
When, where and how dissolved 3049
Inaccuracy of description not to affect proceedings, when 3050
How lien enforced 305 1
What petition to contain 3052
Amendments to pleadings 3053
Several claimants may unite in same petition 3054
How claim to be marshalled 3055
[See Wrecks and Shipwrecked Goods.]
Shows —
[See Plays and Shows; Licenses on, 2315-2320.1
Sinking Fund Commissioners —
Shall report annually to General Assembly 84
Have control of all vacant lands 89
Who are 90
To dispose of all lands of the State 91
To report sales and transactions and investments to General As-
sembly 92
To protect oyster beds 109
To have power to survey and place on tax lists lands not on tax
books loi
Secretary of State, as agent of, to perform certain duties 104- 109
INDEX TO CIVIL CODE. 1361
SEC.
Sinking Fund Commissioners — (Continued.)
To have choice of remedies for collection of taxes 100, 112
May have and grant petitions for relief in certain cases 99
May have survey made of abandoned lands and restore it to tax
books loi
When Auditors to buy for 424
To lend out funds 93
Loans to Counties by 94
Applications for loans ' 95
In what funds to be repaid 97
Agents to have access to tax books 104
To investigate irregularities, &c 113
Disposition of taxes collected by 114
Sheriff to act as agent for iiSi 116
To refund purchase money ; when 118
Field agents i IP
Property off tax books 120
Insurance of public property by 121- 129
Purchase of escheated lands for 2976
Sites —
For light stations, &c 7
Soldiers and Mariners —
Wills of 2500
Entitled to pensions ; when 1065- 1083
Solicitors —
To attend General Assembly 21
Belong to Executive Department of State 613
Governor to fill vacancy in office of 624
Attorney General to advise 642
Not to accept fee from prosecutor, and when not to appear in civil
cases 648
Bonds of 650
Salaries of 651
When must be called on to defend rights of State 652
To sue for penalties 653
examine certain County offices, when 654
attend Courts of Sessions 655
Duty of, in general 651, 656, 657
To report annually to Comptroller General as to debts due the State 657
South Carolina College — ,
Branch of the University; control and management of 1257
Board of Trustees, how constituted 1260
Incorporation and corporate powers 1261
Meetings of Board ; President ; quorum 1262
Powers of Board at meetings 1263
Property vested in college ; proviso as to sale of 1264
9-1.
1362 INDEX TO CIVIL CODE.
SEC.
South Carolina College — (Continued.)
Board to receive and invest funds offered to found scholarships. . . . 1265
Power of Board to procure evidence 1266
Election of President ; Faculty, power of 1267
President must not be an atheist, &c. ; Chaplain, &c 1268
Librarian, how appointed, and duties of; assignment of Professors
to other duties 1269
Tuition fees and beneficiary scholarships ; regulations as to 1270
College may confer degrees 1271
Discretionary powers of Board 1272
Normal and women students 1273
South Carolina Institution for the Education of the Deaf, Dumb
AND THE Blind —
Board of Commissioners of 1326
Duties and powers of Board 1327
Superintendent, how elected 1328
Duties and powers of 1329
Meetings of Board 1330
To draw appropriations ; annual report 1331
Who entitled to admission 1332
Expenses of applicant ; how paid 1333
Maximum allowance for each pupil 1334
South Carolina Industrial and Winthrop Normal College —
Institution established ; name 1284
Board of Trustees ; term of office ; annual report 1285
Secretary of State to notify Trustees ; if he fails to accept, elec-
tion void 1286
Meeting of Board; quorum; penalty for failure to attend; expenses. 1287
Incorporation ; proviso as to property ; power in trust 1288
President and Professors ; salaries, &c. ; girls to take industrial in-
struction 1289
Tuition fees 1290
Degrees, &c. ; authority to teach 1291
Scholarships awarded on competitive examination 1292
South Carolina Medical Association —
In corporate capacity, is member of State Board of Health 1084
South Carolina Military Academy —
[See Military Academy, Sections 1274-1283.1
South Carolina State Dental Association —
[See Dentists.^
Spartanburg County —
Number of Representatives 12
Voting precincts in 203
Location and boundaries 565
Magistrates in 1040
INDEX TO CIVIL CODE. 1363
SEC.
Spartanburg County — (Continued.)
Drainage 1465-1488
No. Cotton Weighers in 1555
Fees Clerk of Court in 3103, 3109
Roads in; tax for 1390
Speaker of House of Representatives —
When to act as Governor 618
[See General Assembly.]
State Board of Equalization —
How^ constituted 388
Time of meetings ; proceedings of 389
Compensation of members 390
Comptroller General to transmit results of, to Auditor 391
State Board of Education —
Hov^r constituted; organization of 1181
Meetings of 1 182
Original and appellate jurisdiction of 1183
Powers of 1 184
State Board of Health —
[See Health.]
State Bank Examiner —
Appointment, compensation, duties 1768-1773
State Entomologist and State Board of Entomology —
State Board of Entomology, how^ constituted, term 741
powers, rules and regulations 742
regulations to prevent introduction of
diseases 748
investigations on reports to 752
Entomologist, appointment, &c 743
compensation 744
duties 745
to enter any premises 746
inspect nursery stock 749- 751
State Constable —
Appointment, compensation of, &c 658, 661
Powers and duties of 659
Powers of Governor over 660
State Geologist —
Appointment, term 735
Duties 7:^6, 738
Compensation y;^y
Annual Report 739
Cabinet of specimens 740
1364 , INDEX TO CIVIL CODE.
SEC.
State Hospital for the Insane —
Reports of Regents of, to General Assembly j6
Regents to be appointed by Governor; number; term; vacancies. . . 2247
Regents incorporated ; their powers, &c 2248
Who to be admitted to 2268, 2249
Preference among patients 2250
Application for admission 2251
Action of Superintendent thereon 2252
Admission regulated 2253
Financial standing of patients 2255
Patients becoming indigent 2256
acquiring property 2257
on furlough 2259
Police officers 2260
No highways through grounds 2261
Custody of patients' estates 2262
Idiots, &c., from other States admitted; on what terms 2258
Proceedings in cases of idiocy, lunacy, &c. ; fees, &c 2254
Physicians' certificate for admission; requirements as to 2263
When Judges may send persons to, in criminal cases ; support of. . 2264
Power of Probate Court to commit to 2253
Papers to be forwarded to Superintendent of, and patient retained
until ordered forward 2265
Certain inmates not to be retained without re-examination, &c. ;
proceedings 2266
Pay patients ; terms of admission ; bond, &c 2255
Discharge of lunatics 2267
Probate Judge to investigate whether subject should be sent as a
beneficiary or a pay patient, &c 2255
Inebriates, &c., to be received only as pay patients ; regulations as to 2268
Certain patients to be moved from, and cared for in Poor Houses ;
by whom, and upon what notice, &c 2269
Employes to be discharged, &c., for assault on patients 2270
Annual report of Regents 2271
Lot vested in Regents of 2272
May close up and use certain streets 2273
Officers and employes exempt from jury and military duty. 2274
State House and Grounds —
Secretary of State, keeper of 62,^
State Insurance —
Of public buildings 121- 129
State Librarian —
Election and term 725
Duties 726
Salary 727
Oath and bond 728
To distribute copies of Acts, &c 58
To distribute reports of Supreme Court 2732
INDEX TO CIVIL CODE. 1365
SEC.
State Library —
Librarian 58, 725-728, 2732
Trustees, who are 729
powers 73^
duties 73^
unbound volumes 732
to sell books 733
report 734
State of South Carolina —
Boundaries, sovereignty and jurisdiction of i
Reciprocity of, with Georgia 2
Places in, ceded to the United States 3
Claims against, how considered and paid 29
When claims against, barred payment 30
How claims against, paid 3i
Division of into Congressional Districts 237
Division of into Counties S29- S69
Attorney General to defend rights of, at law 641
When Solicitor called on to defend rights of -652, 651
Comptroller General to examine claims against, and report to Gen-
eral Assembly 29
State Printer —
Comptroller General to furnish with reports to be printed 695
Election, term, &c 39
Bond 40
Vacancies, how filled 4^
[See Public Printer and Public Printing, 39-56.]
State Senator —
How and when voted for 211
State Superintendent of Education —
Annual report of, to General Assembly 72, 1176
To consolidate reports of County Superintendents ot Education
and forward to General Assembly 73, 7°
Vacancy in office, how filled 614, 1188
Election, qualification and compensation of Ii74
General duties of ii7S. II79
Certified copies of papers evidence II7S
Clerk hire, allowance for ii77
Power to hold property in trust for educational purposes ; duty of
State Treasurer 1 178
Member ex oMcio, of what Boards 1181
County Board of Education report to 73> 1090
State Treasurer —
Accounts of, when and how examined 78- 80
Is one of State Board of Canvassers 224
1366 INDEX TO CIVIL CODE.
SEC.
State Treasurer — (Continued.)
Is member of State Board of Railroad Assessors 283
one of Board to examine bond of public officers 593
Vacancy in office of, how filled 614
Salarj' of, and of his clerk 696
Bond of 697
Office hours of 698
How payments by, are made 699
How interest on State stock is to be paid by 700
How lost checks replaced by 701
When transfer books to be closed 702
Coupons in hands of, sufficient vouchers 703
to be paid in Charleston also 704
Report of, to Comptroller of cash transactions, &c 705
Report of, to Board of Directors State Dispensary 706
Duties of, against defaulting Treasurers 707
Additional penalty 708
To report names, &c, of defaulting Treasurers to General Assembly 709
Certain appropriations not to be drawn by, until contract lodged. . 710
Same ; how paid 711
To raise account in books for each appropriation 712
Copies from books of, evidence 713
To issue triplicate receipts for money paid him; how disposed. .. . 714
report disbursements to Comptroller General daily 715
keep safe in bank for deposit of moneys 716
Must deposit moneys in bank; in what banks, &c 717
Such banks to make monthly statement of receipts and payments;
to whom 718
To exhibit bank book; when and to whom 719
When his accounts to be closed and examined; Joint Com-
mittee, &c 720
Duties of Committee ; report to General Assembly, &c 720
Majority of Committee may act 721
Pay of members of Committee 722
Duties of, as to funds for educational purposes 723
How appropriations for State institutions must be drawn 724
To invest funds of Clemson bequest, &c 1306
collect and invest in Brown Consols 1307
issue certain certificates of stock to Trustees of Clemson
College 1308
State Treasury —
Joint Committee of General Assembly to report moneys in the. .. . 720,
State University —
Branches of 1257
Degree of Licentiate of Instruction 1258
Greek Letter Fraternities prohibited in 1259
South Carolina College 1260-1273
South Carolina Military Academy 1274-1283
INDEX TO CIVIL CODE. 1367
SEC.
State University — (Continued.)
Winthrop Normat and Industrial College of South Carolina.. .1284-1292
Colored Normal, Industrial, Agricultural and Mechanical College
of South Carolina 1293-1299
Statutes —
Publication of 55
How distributed 60
Of this State, how proved 2888
Foreign, how proved 2890
Staves and Shingles —
Material and dimensions of ^601
Steamboat Companies —
General laws as to organization, &c I9i7-i934
Stock Law —
Animals prohibited from running at large; exception; proviso as
to Beaufort County ^497
Liability of owners of trespassing stock 149S
Stock trespassing may be seized ; penalty 1499
When owner liable for maintenance; how he may recover posses-
sion iSoo
Proceedings when owner unknown; advertisement and sale; pro-
ceeds, how disposed of 1501
Proceedings on failure of owner to adjust penalties 1502
Special Provisions — Fencing Fields, &c. —
To what Counties provisions confined IS03
What is a lawful fence; must be maintained around cultivated
grounds, &c ^525
Trespass on field by stock; seizure and impounding of; other
proceedings ^ S20
Action for injury to stock 1527
Crops, where to be fenced 1528
Exemptions from stock law in Berkeley 1504- 1506
Charleston 1505
Clarendon 1507
Chesterfield 1508
Colleton 1509
Dorchester iSio
Florence 1511. 1512
Georgetown 1515
Greenville 1516
Hampton 1517.1518
Kershaw I5i9
Lexington 1520
Marion 1521, 1522
Oconee 1523
Pickens 1524
Williamsburg 1511-1514
1368 INDEX TO CIVIL CODE.
SEC.
Storage on Cotton —
As to 1544
Stranded Goods —
[See Wrecks and Shipwrecked Goods.]
Street Railways —
Rights of employes of 2848
Incorporation of 1917-1934
Subpoena —
Clerk of Court to issue, for witnesses 2861
How, when witnesses live in another County 2862
Commission to examine witnesses may issue 2872
When to be served 2873
Submission of Controversy —
To arbitration 2849
Suits —
Liability of consolidated companies to 2055
To defraud creditors void 2369
Sullivan's Island —
Certain lots on, ceded to United States (Subdivs. 3 and 33) . . 3
Part of shore of, ceded to United States (Sudbivs. 3 and 33) 3
Tenure of lands on 155, 156
Condition of buildings on 154
Manner of buildings on, regulated 157
Summons —
Of jurors 2922
Sheriffs to serve 2923
Costs where service of, by publication 3099
In proceedings to obtain dower 2400
Sumter County —
Number of Representatives 12
Voting precincts in 203
Location and boundaries 566
Magistrates in 1041
Special provisions as to juries in 2928
Traffic in seed cotton in 1549
Salary Clerk of Court (s. d. 3) . . 3107
Roads in, tax for 1390
Sunday —
No process to be served on ; exception 848
Railroads prohibited from running trains on; exception 2121-2124
Superintendent of Education —
[See State Superintendent of Education.]
Superintendent of Public Works —
Records formerly in his office transferred to Secretary of State 631
f^.
INDEX TO CIVIL CODE. 1369
SEC.
Supervisors of Registration —
Appointment of; term of office 176
How books of prepared 178
Registration precincts 191, 202
Opening and closing of books of regulated 179
Deposit of books of for safe custody 192
Determines as to qualification of applicant 182, 180
To register persons coming of age after last general election 179
To register minor when he will be of age before the next general
election 184, 179
To furnish elector with certificate 185
To make transfers when new polling places established 191
Same, when additional precincts established 191
for near polling place for convenience 191
on removal from one residence to another in same precinct. 191
on removal from one precinct to another 191
on removal from one County to another 186
No elector can vote without certificate 149
To renew defaced and lost certificates, how 186
Revision of registry proceding election 187
Clerk of Court to report persons convicted of disqualifying of-
fenses to 188
Magistrates also 189
Names of persons so reported to be erased from books 190
Registration book to be furnished to Managers by; no one not
registered allowed to vote 193
Supervisors of Registration for municipal elections 195- 201
Appointment ■. 195
Books, &c., furnished 196
Certificate to be given 199
To furnish books to managers 200
To require oath of applicants 201
Supreme Court —
Justices of 2721
Salaries of 2727
Adjournments 2721
Oaths of ofiice 2722
Records of 2723
Vacancies, how filled 2728
Disqualification of Justices 2729
Temporary appointments 2729
Persons sitting instead of Justice to have actual expenses paid. .. . 2729
To appoint messengers, &c 2724
Sheriffs to execute process of 2731
To appoint Clerk of 2725
grant licenses to practice as attorneys 2812, 2813
appoint a Reporter 2726
Librarian 2724
Messenger 2724
1370 INDEX TO CIVIL CODE.
SEC.
Sureties —
Of Sheriffs, liable when 827
Liability of, on Sheriff's bond, in certain cases 842
Proceedings of, for relief on administrator's bond 2520
On guardian's bond, how relieved 2671
Proceedings against 2673
Of Probate Judge responsible for his bond as public guardian. .. . 2680
Judgment paid by, not discharged against principal 2839
Not discharged as to co-surety 2840
On official bonds, relief for 597
Companies as 599, 600
Surveyors —
To be appointed by Court, when land in dispute 2452
If parties refuse. Court to nominate 2453
Fees of, in homestead proceedings 2637
Of abandoned lands 117
Of roads 1395
Fees of Deputy 3127
Swamps^ Inland —
Drainage of 2232-2246
T
Taxes —
Subjects and Lien of —
All property in municipalities must be taxed by 2006
Poll, who liable for 259'
, What property subject to 260
Who liable for, on real estate 261
Personal property held in trust or charge for others ; who liable
for, or} 262
A debt due the State and a first lien upon property, &c 263
Collection to pay certain railroad bonds prohibited 264
Definition of Terms —
Meaning of words, terms and phrases 265
Property Exempt from —
Exemption from 266
General Rules as to Return and Assessment of Property —
Comptroller prescribes forms of returns and oath 267
Annual returns of personal, to be made by every taxpayer 268
What persons must make returns of property belonging to others 268
Persons listing for others responsible, &c 269
At what places personal property shall be returned, &c 270
When annual returns to be made; particulars embraced, &c 271
When returns of real estate shall be made 272
INDEX TO CIVIL CODE. 1371
SEC.
Taxes — (Continued.)
Special Provisions as to Manufacturers, &c. —
Manufacturers defined; statements additional to return of 273
Pawnbrokers; annual returns, when and to whom made, and
what to contain 274
Mines and mining claims, how assessed and taxed 275
Special Rules as to Returns and Assessments of Railroad, &c..
Companies, and Provisions as to other Corporations —
Railroad and like companies to return property in use of as per-
sonalty, &c 276
Annual returns of, to Comptroller; how made and what to
contain 277
Same; annual returns to County Auditor; what to embrace 278
How values of railroad property fixed and apportioned 104 ; 279
Comptroller prescribes forms of returns and oath 280
State Board of Assessors of railroad property, &c 283
Comptroller certifies action of Board to Auditors, who conform
their duplicates thereto 284
When company fails to make returns. Board to ascertain
value, &c 285
Proceedings to test right to exemption 286
Railroad property not on tax books ; proceedings as to 104; 287
Express, Sleeping Car and Telegraph Companies defined. .. .288- 290
Contents of returns by 291
Examination by Comptroller General 292
Review by State Board of Assessors 293, 294
Values, how ascertained 294, 295
Witnesses to attend 293
Values certified to Auditors, &c 296
Reports by Agents to Auditors 297
Penalties failure to pay tax assessed on such companies 298
Past due taxes by such companies 299
Form of returns 301
Penalties on such companies for failure to make returns 300
Returns of such companies having principal office out of State. . 300
Foreign insurance companies; returns to be made by agents;
when, &c .• 302
Domestic insurance companies; returns of personalty, when
made 303
Corporations organized under laws of State and owning prop-
erty elsewhere ; how assessed, &c 304
Capital of domestic corporation owning in State not to be 305
How corporations to list property 306
How companies incorporated under joint charter to be as-
sessed, &c 307
Refusal to pay works forfeiture of charter 308
1372 INDEX TO CIVIL CODE.
SEC.
Taxes — (Continued.)
Special Rules as to Persons, &c., Engaged in Textile Industries,
Canals Furnishing Power, Cotton Seed Oil and Fertilizer
Companies —
Returns to Auditor 309
Township and County Boards of Equalization to act on returns. 309
Returns forwarded to Comptroller General 310
Duties of State Board of Equalization as to 311
Action of State Board certified to Auditor 312
Special Rules as to Banks and Bank Stock, and Unincorporated
Bankers, &c. —
How bank stock listed and when 313
Real estate taxed where located 314
Lists of stockholders and depositors to be kept for inspection of
tax official 315
Annual returns of banks to Auditors, what to contain 316
How assessed and apportioned 317
A lien on shares until paid; meantime no transfer nor payment
of dividends allowed 318
May pay, on shares, &c 319
Bank failing to make returns, Auditor ascertains value, &c 320
Who are bankers 323
Annual returns of incorporated bank, &c., what to contain 321
How average obtained 322
Power of Auditors to force returns 324
Special rules as to income tax —
Graduated tax on incomes 325
How incomes should be computed 326
Definition of terms 327
When and how tax shall be collected 328
Returns, when and how made 329, 331
Penalty for not making true returns 330
Proceedings on Default of Return, &c.; Valuation of Property for
Taxation —
When no returns made, &c., duty of Auditor 332
Penalty for failure to list ; 333
Persons commencing business after January ist to report to
Auditor, &c 334
Auditor must ascertain names of persons so commencing, &c. . . . 335
Penalty for not reporting to Auditor 336
How property valued 337
How certain personal property valued 338
County Auditor ; appointment, duties, &c 339- , 374
Boards of Assessors and of Equalization, and their duties. . .375- 391
Special Boards of Assessors, &c, for towns and cities 383
Charleston 384
Columbia 385
Auditor to conform assessments to valuations by Boards 312
State Board of Equalization 391, 311, 312
INDEX TO CIVIL CODE. I373
SEC.
Taxes — (Continued.)
The Collection of —
County Treasurer 392- 411
Collection of, not stayed by power of Court 412
Proceedings upon claim that tax is unjust or illegal, &c 413
Remedy provided, &c 4^4
What costs taxable 4i5
How, illegally assessed and collected may be refunded 416
Defense of action against Auditors and Treasurers; parties
to, &c 417
Measure of damages 4i8
When Attorney General defends 419
Proceedings where taxpayer claims to have paid 109
Evidence as to 11*^
Penalty ; execution 4^6
Mortgagee may pay, and include in mortgage debt 407
Comptroller may remit in certain cases 408
Property liable for distress and sale for 409
When for chattel, how enforced 410. 4ii
Treasurer issues execution to Sheriff ; form of 421
Fees and charges 422
Secretary of State to issue execution, when 106
Fees and charges thereon lo?
Sheriff to seize, advertise and sell 108, 423
When Auditor to buy for Sinking Fund Commission; how title
made • • • • • • -108, 424
Sale of use and occupancy of lands belonging to municipalities. . 425
Sheriff's deed prima facie evidence of good title; limitation. .111, 426
Suspension of sale 109, 427
Return of execution, &c 428
Duplicate executions ; how issued 429
Lien for taxes ; limitation of 430
Lands not on tax books to be surveyed loi
Power of Secretary of State as to forfeited lands 105- ii3
Title to forfeited lands renounced 98
Petition by taxpayer for relief as to 99
Lien for taxes on, how enforced 100, 112
Settlement as to tax executions 102
Nulla bona returns on tax executions 103
Investigation as to I04
Statement of taxes due on forfeited lands 105
Sale of forfeited lands for taxes 106, 108
Fees, costs and expenses of sale io7
Proceedings for relief by former owner 109, no
Sheriff's deed; effect in evidence. m
Irregularities and shortages in tax collections ' ii3
Disposition school taxes collected by Sinking Fund Commission-
ers 114
1374 INDEX TO CIVIL CODE.
SEC.
Taxes — (Continued.)
The Collection of — •
Disposition of lands purchased by Sinking Fund Commission-
ers 115, 116
In instalments by municipal corporations 2007
Teachers —
By whom examined 1200, 1218, 1246, 1258
Duty of County School Commissioners towards (Subdiv. 4) 1044
Reports of, how and to whom made 1215
Cannot be trustee 1217
Employment and discharge of 1218, 1246
Certificates, who should not discount 1227
Retirement fund for, in Charleston 1249
Beneficiaries of 125 1, 1252
Normal students in South Carolina College 1273
Fees in South Carolina College remitted 1270
Telegraph, Telephone and Express Companies —
Defined 288- 290
Return of, for assessment and taxation 291
when and to whom made 291
Penalty for failing to make returns 300
Returns of, how to be made 291, 301
Comptroller General to examine returns, &c 292
State Board of Assessors to review 293
Value of property, how ascertained 294, 295
Valuation certified to Auditor 296
Auditors may require agents of to report, &c 297
Penalties for refusal to pay taxes 298
Taxes past due by 299
Discrimination by telephone companies 2222
Telegraph companies ; when liable for negligence 2223
Powers telegraph and telephone companies regulated 221 1
Rights of way for telegraph and telephone companies 2212
over railroads, &c 2213
condemnation proceedings 2214-2219
Under control of Railroad Commission 2220
Contribute to paying Railroad Commission 2221
Tenants in Common —
[See Joint Tenants, Sections 2436-2439.]
Tenants —
Under-tenants to have possession until crop finished 2410
Penalty for continuing in possession after demand 241 1
Warrants by, for life void; collateral warranties void against heir. 2412
Attornments to strangers by, void 2413
When, desert premises landlord's remedy 2418
[See Landlord and Tenant, Betterments, Agricultural Liens.]
INDEX TO CIVIL CODE. 1375
SEC.
Tender —
Effect on mortgage lien 2375
damages 1348
Tenure —
Of land in this State 2353
Terrapin —
License required before catching, selling or exporting. . . .2333, 2343-2345
Seine used in catching, size, 2334
Evidence as to violating law as to 2335
Arrests for violating law as to 2336
Enforcement of law as to 2337-2338
Close season for 2330
Report of terrapin caught , 2340
Terrapin Inspector ; duties 2341
Release of 2342
Special provisions in Georgetown and Charleston 2346
Testamentary Guardian —
Custody of minor children may be disposed of; when and how
such disposition valid 2689
Such disposition valid 2690
May maintain action for recovery of children 2691
Custodian to take charge of property 2692
To make annual returns to Judge of Probate 2693
Testimony —
Master may take, on application of party upon notice 978
Magistrate may take, how and when 991
Magistrate may take de bene esse 992
Be bene esse, how taken 2881-2882
to be transmitted, how 2883
Timber and Lumber —
Rules for measuring 1602
To be sold in city of Charleston only by board measure 1603
Certain places to elect Inspectors of 1604
How Inspectors are to measure 1605
How to be inspected 1606
Fees of measurers 1607
Title —
Sheriff may execute, of property sold by his predecessor 866
Certain, confirmed 2354-2361
To Catawba Indian lands 2362-2366
Form and execution of 2367
Tax titles from Sheriff iii, 426
1376 INDEX TO CIVIL CODE.
SEC.
Toll —
Allowed for grinding 1573
Penalty for taking more than allowed 15/6
On Roads —
Carriages with broad tires pay less toll 1424
Public ferries, rates 143°
Not collectible in certain cases at ferries 1437
Private ferries not to charge exempts 1438
At bridges and ferries chartered since December, 1845 1439
Rates of, must be conspicuously posted 1441
Persons fording not to pay I442
Toll to be paid before passing gates I447
Warrant may be issued to collect 1448
Persons exempt from I449
Rates of 143°, 1450
TcLL Gates —
Where, shall not be erected 1422
Establishment of, regulated 1425
Towns of More Than One Thousand Inhabitants and Less Than
Five Thousand —
Charter provided for; petition for incorporation 1958
Mayor and Aldermen ; election ; term of office I959
Place and hour of election; Managers ; election i960
Appointment of Managers ; publication of notice i960
Oath of Managers ; count of votes, &c. ; oath of Intendant i960
Charter fees 1961
Clerk and Treasurer 1962
How charter may be procured 1963
Term of charter 1963
Powers cumulative 1964
Towns of More Than Five Thousand Inhabitants —
Proceedings to obtain charter I970> 1965
Conduct of elections 1966
Streets, how opened, altered and closed 1967
Liable for torts by officers 1968
Charter fees 1969
City officers 197°
Trial by Jury I97i
Term of charter I973
Road duty, and tax 1974
Powers cumulative 1975
Provisions Common to Towns and Cities of 0\'er One Thousand
Inhabitants —
Municipal elections ; polls open 1976
voters 1977
Vacancies in offices 1978
INDEX TO CIVIL CODE. i377
SEC.
Provisions Common to Towns and Cities of Over One Thousand In-
habitants— (Continued.)
Corporate powers 1981
Police powers 1982
Mayor pro tern.; judicial powers 1979
Fine and imprisonment ; appeal ; proceedings thereon 2004
Council meetings 1980
Ordinances ; fines and penalties ; appropriation 1982
License tax on business ; shows 1983
Power of taxation ; assessors 1984
Streets ; power of Council, and duties 1985
Fire department ; limits 1986
Policemen ; their powers, &c 1987
Power of arrest and commitment ; imprisonment before trial ;
posse comitatus 1988
Abatement of nuisances ; loans, &c 1989
Report to successors ; annual report; surrender of property 1990
Penalties prescribed for offences by officers 1991
Towns of More Than Ten Thousand Inhabitants —
May acquire lands for waterworks and other municipal purposes. . 1992 '
Creation of debt beyond income 1993
Wards and municipal elections in Charleston 1994
Coal, how weighed in I995
Towns of Less Than One Thousand Inhabitants —
How may be incorporated 1935
Intendant and Wardens ; elections of 1936
Vacancies, how filled ; Intendant pro tern., &c 1940
General municipal powers 1942
Nuisances ; police duty 1943
Streets and ways 1944
Compounding for street work 194S
Property rights ; limit 1946
Taxation limit I947
Auction sales and licenses ; exceptions 1948
Sidewalks I949
Arrest and commitment of disorderly persons 1950
Special Marshals, when may be appointed 1951
Municipal elections, voters 1937
hours 1937
conduct of 1937
Oath of officers 1938
Officers hold over I939
When Governor may order election for officers 1941
May summon witnesses 1942
Meetings of Town Council 1942
Judicial powers 19^1
Records to be kept by 1952
Charter fees I9S3
lO-I.
1378 INDEX TO CIVIL CODE.
SEC.
Towns of Less than One Thousand Inhabitants — (Continued.)
Term of charter 1954
How charter may be obtained 1955
May equip fire departments 1957
Powers conferred on certain towns 1956
Towns and Cities; General Provisions —
Amendment of charters 1996
Extension of corporate limits 1997
Contraction of corporate limits 1998
Cemeteries included in corporate limits , 1998
Police powers — general 1999
Election of City Council by Wards, &c 2000
Licenses for sale of meats 2001
Contracts with officers prohibited 2002
Municipal Courts — jurisdiction 2003
Jury trial in 2003
punishments 2004
appeals 2004, 2005
Municipal property, sale of use and occupancy, for taxes 425
Municipal taxes, how levied 2006
collected 2007
Waterworks and lights, bonds for 2008
Commissioners 2009
powers of 2010
taxes for 201 1
purchase of lands for 2012
Cumulative powers 2013
Limitation of property 2014
Bonds for past indebtedness 2016-2020
improvements 2021
election 2022
Liability for damages, defective streets, mismanagement, &c 2023
Towns and Villages —
Performance of road duty in; duty of County Supervisor as to 1346
Township Commissioners —
Governor to appoint Board of 764
Meetings 765
Compensation 766
Bodies incorporate 1350
Supervision over roads 1349
As Assessors 277> 37^
Duties of 1351
Treasurer —
[See State Treasurer, County Treasurer.]
Trespassers, Ejection of —
Summary proceedings 2972-2974
INDEX TO CIVIL CODE. 1379
SEC.
Trustees —
Personally liable for taxes 261, 262
How to list trust property for taxation 268, 269, 271
Substitution of 2588
Appointed by the Court to make annual returns 2589
Commissions of 2590
Trust Estates —
The seizin of, to be in the beneficiaries thereof 2580
When several seized, to use of one, seizure to follow use 2581
Beneficiaries of rent of, to have same title as by grant 2582
Conveyance of, held by infant in trust or by way of mortgage 2609
Confirmation of such conveyances 2610
Infant trusts, &c., may be compelled to make such conveyance 261 1
Trusts —
Deed of chattels to use of donor void 2579
All creation of, shall be in writing 2583
Arising under implication of law excepted 2584
Assignment of, to be in writing 2585
To be assets in the hands of heirs 2586
Illegal trusts and combinations 2845-2847
Turnpike Roads and Bridges — .
When toll gates shall not be erected 1422
How turnpike graded 1423
Wheels with broad tire to pay less toll 1424
How far apart toll gates may be 1425
Width of 1426
All traveling to be right of centre 1427
Miscellaneous provisions 1444-1451
u
Umpire —
In case of disagreement between assignees of insolvent debtor,
Judge may appoint 2644
Unincorporated Associations —
By what name may be sued 2229
On whom process may be served 2231
Liability of, under final process 2231
Union County —
Number of Representatives 12
Voting precincts in 203
Location and boundaries 567
Magistrates in 1042
x38o INDEX TO CIVIL CODE.
SEC.
Union County — (Continued.)
Drainage in 1488
Traffic in seed cotton in 1549, 1550
Fees Clerk of Court in 3103
Salary Clerk of Court in (s. d. 3) 3107
United States —
Direct Tax Commissioner's certificates 2463
Lands ceded to, and jurisdiction over 3
How lands for arsenals and magazines may be acquired by 4, S
Jurisdiction over lands so acquired 6
How lands for light houses, &c., may be acquired by 7
Filing transcripts of judgments from U. S. Courts ; lien 2832
How sites for submarine stations may be acquired by 8
Jurisdiction of, over all lands acquired for public purposes 9
Lands ceded to, exempt from taxation 10
Consul or Vice-Consul of, may prove deed for record in this State. 948
Persons appointed by, may bring suits in State Courts 2822
Consent to acquisition of land for National Forest Reserve li
Usury —
Interest limited 1662
Penalty for usury 1663
Who may plead 1664
V
Vacancies —
In Offices, How Filled —
State Printer 41
County Auditors 624
County Treasurers 624
Magistrates 624
Masters 624
State Board of Education 624
Supervisors of Registration 624
Circuit Solicitors 624
State Geologist 624
Adjutant and Inspector General 460 ^
Officers Executive Department 613
County officers generally 625
State Superintendent of Education 1180
Sheriff 821
Coroner 880
Clerk of Court 903
Judge of Probate 954
Master 97°
Master, temporary 972
County Superintendent of Education 1187
Executive Department 613
INDEX TO CIVIL CODE. 1381
SEC.
Vacant Lands —
No grant of, except for value 89
Certain, in harbor of Charleston, vested in City Council 158
vested in town of Beaufort IS9
Venire Facias —
When to be issued by Clerk 2913
Sheriff to serve 2914
May be issued in term time 2915
Vendues —
[See Auctions and Vendues.]
Venue —
Circuit Court may change, when 2735
Verdicts —
To be expressed in dollars 1659
Irregularity in venire not to affect 2947
May be set aside for misconduct of juror 2948
Jury not agreeing upon, to be discharged 2949
Vessels —
Subject to quarantine 1135-1167
Violating quarantine laws may be detained by force 1169, 1170
Quarantine charges against 1 173
Passing under bridge to drop anchor 1421
[See Immigrants and Seamen^ Pilotage.]
Veterinarian —
Of Clemson College ; duties, &c 1317, 1318
Vital Statistics —
How prepared 1090
Volunteer Troops —
[See Militia.]
Voting Precincts 202, 203
[See Elections, Electors, &c.]
w
Wagers —
Loser of, at cards may recover by action 2305
If loser does not sue any other person may 2306
[See Gambling.]
Walls —
Party, erection of 2454, 2455
Warranties —
By tenant for life void 2412
Waste —
Assessment of damages for 2451
1382 INDEX TO CIVIL CODE.
SEC.
Warehousemen — Public —
Who may become 1712
Bond of 1713
Liability on bond 1714
Insurance on property in custody of 1715
Receipts to be given by 1715
Receipts to be given only for goods received 1716
Receipts when issued as securities 1717
Receipts, duplicate, to be so marked 1718
Removal of goods from custody 1719
Receipts transferrable 1720
Receipts, when to be surrendered 1721
Reple\T of goods in custody of 1721
Receipts for grain mixed in bulk 1722
Book of entry to be kept by 1723
When may sell property 1725
Notice of sales by 1726
Disposition of surplus 1727
Perishable property, how sold 1728, 1729
Liability for storage charges I730
Maximum rate charges for selling leaf tobacco 1731
Storage charges on freight 1732
Discrimination prohibited 1733
Penalty for overcharge of storage 1734
Sale of unclaimed property by common carriers I735
Advertisement, contents 173^
Disposition proceeds of sale I737
Books of sale kept for inspection 1738
When mechanics may sell property left with them 1739
Commissions on such sales I740
Liability of innkeepers I74i
Water Cout^ses and Cuts —
Power of County Board of Commissioners over 1402
To keep same in repair 1403
open for navigation 1404
remove and keep free from obstacles 140S
keep banks and causeways in repair and above tide water. .. . 1406
May cause new channels to be opened .- . 1407
open and repair new channels at certain points 1408
use road hands or contract for labor in making repairs 1:409
Owners may erect dams ; conditions 1410
When owner of mill dam entitled to compensation for use of
stream 141 1
Fish traps, &c., near dam ; when unlawful 1412
Streams ordered to be made navigable not to be obstructed by
dams, &c 1413
Bridges not to obstruct navigation of rivers 1414
Obstructing bridges to be removed, or to have draw-spans 1415
INDEX TO CIVIL CODE. 1383
SEC.
Weights and Measures —
Regulated by United States standard 1612
Standard, kept by State Treasurer 1613
Clerks of Court to keep standards 1614
Weight of cotton seed per bushel 1615
Weight of corn meal per bushel 1615
Weighing coal in cities of over 10,000 inhabitants 1995
[See Cotton, for Cotton Weighers.]
Widow —
Alien, to have same rights as naturalized 2470
Accepting distributive share of husband's estate forfeits dower. . 2474
May bequeath crop on dower land 2478
Homestead to, and children 2629
Wife —
[See Dower, Married Women.]
Williamsburg County —
Number of Representatives 12
Voting precincts in 203
Location and boundaries 568
Magistrates in 1043
Stock Law exemption in 151 1, ISI3. ISI4
Salary Clerk of Court in (s. d. 3) 3x07
Wills —
After acquired property pass by : 2472
Who may make, and who incapacitated 2475
How to be executed 2476
Estates per autre vie devisable 2477
Widow may bequeath crops on dower land 2478
Subscribing witness not incompetent because of interest 2479
Creditor may attest 2480
How revoked 2481
When marriage a revocation 2482
Word's of limitation unnecessary in 2483
Posthumous children to receive equal share 2484
Provisions for children born after will 2485
Share of children dying in lifetime of testator 2486
When legacy to bastard children or their mother void 2487
Fraudulent as against creditors 2488
Where proved _. 2489
Of a femme covert 2490
Probate of 2491
Proceedings for probate of, in case of non-residents 2491
When handwriting of subscribing witnesses and testator may be
proved 2492
On appeal executor to have opening and reply 2493
What sufficient proof of 2494
1384 INDEX TO CIVIL CODE.
SEC.
Wills — (Continued.)
Exemplification of foreign 2495
Nuncupative, when valid 2496
Time of proving nuncupative 2497
Competency of witnesses to 2498
When letters testamentary may be granted 2509
When probate nuncupative will may be granted 2509
Kindred to be cited 2499
Of soldiers and mariners 2500
Letters of administration with will annexed, when and to whom
granted 2501
Administrator with will annexed to give bond 2504
Condition of 2505
To whom payable 2506
[See Executors.]
WiNTHKOP Normal and Industrial College 1284-1292
Witnesses —
County to pay fees of 794
Master may compel attendance of, at references 978
Magistrates may summon, in cases before them 991
punish for contempt 991
take depositions of certain aged and infirm 992
To wills, competency, &c. 2479, 2498
Costs allowed for 2860, 2863, 3130, 3131, 2864
Fee of physicians as expert 3125
How subpCEnsed 2861
How subpoenaed when living in another County 2862
Pay of, in civil cases, to be paid by party summoning 2863
in Magistrates' Court 2864
Penalty for default of attendance , 2865
refusing to testify 2866
Prisoner, how to be brought into court house 2867
Examination of, by commission 2868-2877
before Clerk and deposition of, de bene esse, 2878, 2883
May affirm according to profession 2827
Absence ; effect in proving bond or note 2884
Words —
Meaning of certain, in connection with taxation 265
Construction of —
"Navigable streams" '..... 1335
"Bank notes," "Bank issue," &c 1764
"Railroads. Railways," &c 2024
"Explosive compound" 2x56
"Vessels" 2302
"Failure of issue" 2464
In singular number as plural 38
Masculine as feminine 38
Present tense as future also 38
INDEX TO CIVIL CODE. . 1385
SEC.
Wrecks and Shipwrecked Goods —
Unclaimed stranded goods to be delivered to Treasurer and ad-
vertised 2286
Forcible entry on stranded vessel may be repelled by force; pen-
alty for carrying away goods 2287
Magistrates may issue search warrants for such goods taken away 2288
Salvage allowed informer 2289
Goods unlawfully taken may be seized ; proceedings 2290
Y
York County — '*
Number of Representatives 12
Voting precincts in 203
Location and boundaries of 569
Magistrates in 1044
Drainage in , 1488
Traffic in seed cotton in I5S0, 1549
No. cotton weighers in 3103
Fees Clerk of Court in 3103
Roads in, tax for 1390
ADDEINDA
TO
Civil Code, Volume I,
Being a Reference to Sections Construed in Cases Published Since Report to
General Assembly, Bringing the Annotations Through Volume
Sixty-three, South Carolina Reports.
Section 426. Limitation of action to recover land sold for taxes commences to run when
purchaser is placed in possession.— Gardner v. Reedy, 62 S. C, 003,
40 S. E., 946.
Section 427. Cannot be invoked to show waiver of the taxpayer's rights in suit against
purchaser.— Gardner v. Reedy, 62 S. C, 503; 40 S. E., 946.
Section 609. A school certificate drawn by trustees in one fiscal year on funds of an
bection ^^^^_^^ ^^^^ .^ ^^.^ ^ ^ certificate of indebtedness.-Loan & Exchange
Bank v. Shealey, 62 S. C., 337; 4° S. E., 674.
section 1218. School Trustees under this general law cannot charge pupils incidental
fees.— Young v. Trustees Fountain Inn Graded School, 64 b. L,., 131.
'_ s ■£., . Location of school house site by Trustees.— Sligh
V. Bowers, 62 S. €., 409; 40 S. E., 885.
Section 1360. Special levy of road tax by County Commissioners constitutional.-So. Ry.
Co. V. Kay, 62 S. C, 28; 39 S. E., 785-
Section 1365. Pilot cannot act as such while suspended by Board of Pilot Commission-
ers.—de Zabaljauregui v. Commissioners of Pilotage, 62 b. C, 511.
40 S. E., 939.
Section 1508. Held unconstitutional.— Goodale v. Sowell, 62 S. C, 516; 40 S. E., 970.
Section 1664. The receipt of usurious interest on a contract prevents lender from collect-
ing more than the principal sum lent, without interest or costs; but
the debtor is not entitled to have all payments of interest made applied
to the principal.— Butler v. Butler, 62 S. C, 165; S. E., ;
Bird V. Kendall, 62 S. C, 178; S. E., . But in determining
the amount due on a contract with an insolvent Building & Loan Asso-
ciation all payments made by the borrower will be applied to his debt.—
Meares v. Finlayson, 63 S. C, 537- The right of action for penalty
for receiving usurious interest does not survive against the personal
representative of the lender.— Butler v. Butler, 62 S. C, 165; -
S E Prior to the last Act the plea of usury was personal to
the borrower.— Bird v. Kendall, 62 S. C, 178; S. E., . Usury
must be plead.— Bird v. Kendall, 62 S. C, 178; S. E., -— _ Con-
tract not usurious.— Hejn;v-ard v. Williams, 63 S. C, 470; 41 S. E., 550.
Section 1711. Held constitutional.-Porter v. C. & S. Ry. Co., 63 S. C, 169; 41 S. E., 108.
Section 1793. Right to remove causes to United States Courts on ground of diverse citi-
zenship.— Calvert v. So. Ry. Co., 64 S. C, 139; i'- ^■. '
Wilson V. So. Ry. Co., 64 S. C, 184.
II ADDENDA TO CIVIL CODE, VOLUME I.
Section 2054. The term creditor includes one having a claim for damages against a con-
solidating road arising out of tort. Though not reduced to judgment.
Suit may be brought against the original corporation.- — Stewart v.
Walterboro & Western Ry. Co., 64 S. C, 92; 41 S. E. -.
Section 2067. The Commissioners' power to regulate, does not exclude right of munici-
pality to regulate speed of trains within their limits. — Boggero v. So.
Ry. Co., 64 S. C, 104; 41 S. E., .
Section 2105. Cannot apply to interstate shipments. — Lowe v. S. A. L. Ry. Co., 63 S. C,
248; 41 S. E., 297.
Section 2132. Evidence of failure to give signal relevant as to negligence at common law
where injury occurred beyond crossing. — Boggero v. So. Ry. Co., 64
S. C, 104; 41 S. E., . Failure to give signal negligence per se. —
Davis V. A. & C. Airline Ry., 63 S. C, 370; 41 S. E., 468; Bishop v.
So. Ry. Co., 63 S. C, 532; 41 S. E. • — — .
Section 2135. "Its engine": presumption as to ownership. — Bush v. So. Ry. Co., 63 S. C,
96; 40 S. E., 1029.
Section 2139. What is not such travelled place. — Haltiwanger v. C, N. & L. R. R., 64
S. C, 23; 41 S. E., . Travelled place established by adverse use. —
Kirby v. So. Ry., 63 S. C, 494; 41 S. E., . Duty of traveller on
highway. — Edwards v. So. Ry., 63 S. C, 271; 41 S. E., 458. "At" a
crossing, what is. — Bishop v. So. Ry., 63 S. C, 532; 41 S. E., .
Section 2165. Rate of passenger fare. — Kibler v. So. Ry., 62 S. C, 252; 40 S. E., 556.
Section 2176. Chitty v. Pennsylvania Ry. Co., 62 S. C, 526; 41 S. E., 944.
Section 2178. Chitty v. Pennsylvania Ry. Co., 62 S. C, 526; 41 S. E., 944.
Section 2186. Refers to fences built after construction of road, as well as fences then
existing. — Burnett v. So. Ry., 62 S. C, 281; 40 S. E., 679.
Section 2187. Does not apply where the right to compensation is disputed. — S. B. R. R.
Co. V. Burton, 64 S. C, 348; 41 S. E., 451.
Section 2213. Remedy held inadequate in S. C. & G. Ry. Co. v. Am. Tel. Co., 63 S. C,
199; 41 S. E., 307.
Section 2223. Constitutional. — Simmons v. W. U. Tel. Co., 63 S. C, 425; 41 S. E., 521.
See also Butler v. W. U. Tel. Co., 62 S. C, 222; S. E., .
Section 2374. Amendment of 1872 acted only on remedy. — Sims v. Steadman, 62 S. C,
300; 40 S. E., 677.
Section 2383. Dower right held not to attach against purchase money mortgage. — Groce
V. Ponder, 63 S. C, 162; 41 S. E., 83.
Section 2385. Estoppel by covenant to claim dower. — Moon v. Bruce, 63 S. C, 126; 40
S. E., 1030.
Section 2471. Applied.— Stokes v. Stokes, 62 S. C, 346; 4° S. E., 662.
Section 2475. A female over twelve years may during her minority make a valid will of
personalty. — iVIajor v. Hunt, 64 S. C, 97; S. E., .
Section 2523. When sole distributee may collect assets without administration. — Grant v.
Poyas, 62 S. C, 426; 40 S. E., 891.
Section 2631. A simple contract creditor, having suit pending, may except to return of
Commissioners. — In re Wylie, Hune v. McFadden, 63 S. C, 214; 41
S. E., 320.
Section 2633. Obligation for purchase money. — McNair v. Moore, 64 S. C, 82; '
S. E., .
Section 2651. Performance taking case out of statute. — Baker v. Hussey, 63 S. C, 551;
S. E., .
ADDENDA TO CIVIL CODE, VOLUME I. Ill
Section 2663. The Act of 1865 did not legitimatize children of a colored woman by white
father. — Loyd v. Rawl, 63 S. C, 219; 41 S. E., 312.
Section 2715. What is a suificient contract. — State v. Leak, 62 S. C, 405; 40 S. E., 774.
Section 2849. When award will be set aside. — County of Greenville v. County of Spar-
tanburg, 62 S. C, 105; 40 S. E., 553-
Section 2909. Jury law held unconstitutional as special legislation. — State v. Queen, 62
S. C, 247; S. E., .
Section 2918. Jury drawn within closed doors illegal. — State v. Turner, 63 S. C, 548;
S. E., .
Section 3059. Does not cover advances of money by lienee to lienor to pay rent to his
lessee. — Bostick v. Ammons, 63 S. C, 302; 41 S. E., 310.
Section 3118. Fees for dieting prisoners. — Gilreath v. Greenville County, 63 S. C, 149;
40 S. E., 1028.
Section 3132. Sheriff's compensation for serving jurors. — Hunter v. Bamberg Co., 63 S.
C, 149; 41 S. E., 26.
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