(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Biodiversity Heritage Library | Children's Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

Full text of "Code of laws of South Carolina, 1922"

yf^A-.^ 



..^«-*'^ 
^ 



©^ 



The 

Univeisity of South Carolina 




Coleman Karesh 
Law library 



CAROU^ 



'** ^v nF SOUTH CA^^*- 

-MOOL Of tA>N I- 



'.> ,.>'., 



CODE OF LAWS 

OF 

SOUTH CAROLINA 

1922 

IN THREE VOLUMES 



S. M. WOLFE, 

Attorney General 

J. C. McLURE 
Code Commissioner 

W. W. LEWIS 

*C. D. BARKSDALE 

fSILAS M. WETMORE 

Collaborators 



VOLUME II 



CRIMINAL LAWS 



THE R. L. BRYAN CO. AND THE STATE CO. 

COLUMBIA, S. C. 

1922 



^Deceased 

tSuccessor to C. D. Barksdale 



nr ~ 
nz-z 

C.I- 



Copyright, 1923 

EY 

The State of Sol'th Cabolixa 



COLEMAN KARESH LAW LIBF^RV 
Universily of south Carolina 



\ 



N. B. — This Code is compiled pursuant to an Act approved March 10, 1920 
(See Acts 1920, page 1346), which Act is incorporated in the prefatory note to 
Volume 1. Pursuant to this Act and Section 5 of Article 6 of the Constitution, 
this Code does not contain local, or temporary, laws, but only "the general statute 
law of the State," as of January 12, 1922. 

S. M. Wolfe, 

Attorney General 

J. C. McLuRE, 

Code Commissioner 

W. W. Lewis, 

S. M. Wetmore, 

Code Collaborators 



Digitized by the Internet Archive 

in 2010 with funding from 

Lyrasis Members and Sloan Foundation 



http://www.archive.org/details/codeoflawsofsout02smwo 



TABLE OF CONTENTS 



Criminal Laws 



TITLE I. 

Crimes and Misdemeanors. 

Page 

Chapter I. Offeuses Against the Person 2 

Chapter II. Offenses Against Property 15 

Chapter III. Offenses Against Public Policy and Violations of Regulations 

for Trade and Business 46 

Chapter IV. Offenses Against Charity, Morality, Decency, Etc 119 

Chapter V. Offenses Against Public Justice 109 

Chapter VI. Offenses Against Charity, Morality, Decency, Etc 119 

Chapter VII. Offenses Against the Public Health 124 

Chapter VIII. Offenses Against the Currency 145 

Chapter IX. Offenses by Certain Officers 146 

Chapter X. Cruelty to Animals 171 

Chapter XI. Violation of the Provisions in Regard to Highways 174 

Chapter XII. Offenses by Railroad Companies, Their Agents and Em- 
ployees, and Offenses Committed Against Rights of Rail- 
road Companies 193 

Chapter XIII. Violation of the Law Regulating the Assessment and 

Collection of Taxes 200 

Chapter XIV: Bastardy , 210 

Chapter XV. Vagrancy 211 

Chapter XVI. Non-Observance of the Lord's Day, and Disturbing Religious 

Worship 212 

Chapter XVII. Gambling 214 

Chapter XVIII. Protection of Game Birds, Animals and Fish, and Regulation 

of Hunting 218 

Chapter XIX. Protection of Non-game, Migratory and Shell Fish, Etc. . . 229 

Chapter XX. Prohibition of Intoxicating Liquors 244 

Chapter XXI. Violations of the Insurance Laws 262 

Chapter XXII. Violations of the Laws, Concerning Sailors, Immigrants, Etc. 268 

Chapter XXIII. Felonies, Accessories, Aiders and Abettors 271 

TITLE II. 

Prisons and Imprisonment. 

Chapter XXIV. Jails and Prisoners 272 

Chapter XXV. State Penitentiary 277 

Chapter XXVI. Reformatories 285 

Table of Parallel Sections 299 

Appendix 303 

Index 307 



VOLUME II 



CRIMINAL LAWS 



CRIMINAL LAWS 



Chapter 


I 


Chapter 


II, 


Chapter 


III 


Chapter 


lY, 


Chapter 


V. 


Chapter 


VI. 


Ch.apter 


VII. 


Chapter 


VIII. 


Chapter 


IX. 


Chapter 


X. 


Chapter 


XI. 


Chapter 


XII. 


Chapter 


XIII. 


Chapter 


XIV. 


Chapter 


XV. 


Chapter 


XVI. 


Chapter 


XVII. 


Chapter 


XVIII. 


Chapter 


XIX. 


Chapter 


XX. 


Chapter 


XXI. 


Chapter 


XXII. 



Chapter XXIII. 



Chapter XXIV. 
Chapter XXV. 
Chapter XXVI. 



TITLE I. 

CRIMES AND MISDEMEANORS. 

Offenses Against the Person, 2. 

Offenses Against Property, 15. 

Offenses Against Public Policy and Violations of Regu- 
lations for Trade and Business, 46. 

Offenses Against the Public Peace, 103. 

Offenses Against Public Justice, 109. 

Offenses Against Chastity, Morality, Decency, Etc., 119. 

Offenses Against the Public Health, 124. 

Offenses Against the Currency, 145. 

Offenses by Certain Officers, 146. 

Cruelty to Animals, 171. 

Violation of the Provisions in Regard to Highways, 174. 

Offenses by Railroad Companies, Their Agents and Em- 
ployees, and Offenses Committed Against Rights of 
Railroad Companies, 193. 

Violation of the Law Regulating the Assessment and 
Collection of Taxes, 200. 

Bastardy, 210. 

Vagrancy, 211. 

Non-observance of the Lord's Day, and Disturbing Re- 
ligious Worship, 212. 

Gambling, 214. 

Protection of Game Birds, Animals and Fish, and Reg- 
ulation of Hunting, 218. 

Protection of Non-game, Migratory and Shellfish, 
Etc., 229. 

Prohibition of Intoxicating Liquors, 244. 

A^iolations of the Insurance Laws, 262. 

A^iolations of the Laws Concerning Sailors, Immigrants, 
Etc., 268. 

Felonies, Accesories, Aiders and Abettors, 271. 



Jr- 



TITLE II. 

PRISONS AND IMPRISONMENT. 
Jails and Prisoners, 272. 
State Penitentiary, 277. 
Reformatories, 285. 



2 C L 



CRIMINAL LAWS 

CHAPTER I. 

Offenses Against the Person. 



(1) § 1. Murder Defined. — Murder is the killing of any person 
with malice aforethought, either express or implied. 
Crim. Code, '12, § 135 ; Crim. Code, '02, § 108 ; G. S. 2453 ; R. S. 108 ; 1712, II, 418. 

This Section does not make murder a statutory offense ; it is still a common law crime. State 
V. Coleman. 8 S. 0. 237; State v. Bowers, 65 S. 0. 213, 43 S. E. 656, 95 Am. St. Rep. 795. 

Distinction between murder and manslaughter. State v. Ferguson, 2 Hill 619; State v. Bowers, 
65 S. C. 213, 43 S. E. 656, 95 Am. St. Rep. 795; State v. Adams, 68 S. C. 421, 47 S. E. 676; 
State V. Reeder, 72 S. C. 226, 51 S. E. 702; State v. Driggers, 84 S. C. 532, 66 S. E. 1042, 137 
Am. St. Rep. 855, 19 Am. & Eng. Ann. Cas. 1166. State v. Chastain, 85 S. C. 64, 67 S. E. 6. 

Upon trial for the greater offense defendant may be found guilty of the less. State v. Gaffney, 
Rice 431. 

In case of infanticide, it must be shown that the infant was alive — that it had an independent 
circulation. State v. O'Neall, 79 S. C. 571, 60 S. E. 1121. 

Principals — 

All present aiding and abetting are. State v. Fley, 2 Brev. 338; State v. Crank, 2 Bail. 66; 
State V. Anthony, 1 McC. 285; State v. Arden, 1 Bay 487; State v. Cannon, 49 S. C. 550, 27 S. E. 
526; State v. Carson, 36 S. C. 524, 15 S. E. 588. 

Murder may be committed as the result of some illegal act; a formed design to take life is not 
necessary. State v. Alexander, 30 S. C. 74, 8 S. E. 440. 

State V. Thompson, 76 S. C. 116, 56 S. B. 789. 

Criminal intent evidenced by a grossly careless act. State v. Clardy, 73 S. C. 340, 53 S. E. 493. 

State V. Merriman. 34 S. C. 16, 12 S. E. 619. 

In attempting to commit homicide, the killing of another is murder. State v. Levelle, 34 S. C. 
120, 13 S. E. 319. 

Malice defined. State v. Miller, 73, S. C. 277, 53 S. E. 426, 114 Am. St. Rep. 82; State v. 
McDaiiiel, 68 S. C. 304, 47 S. E. 384, 102 Am. St. Rep. 661; State v. Gallman, 79 S. C. 230, 60 S. 
E. 683: State v. Byrd, 72 S. C. 110, 51 S. E. 542. 

Malice is a term of art importing wickedness and excluding a just cause or excuse. State v. 
Doig, 2 Rich. 179. 

StatB V. Levelle, 34 S. C. 120, 13 S. E. 319. 

The fact that the killing was by a crowd engaged in a riot does not affect the degree of the 
homicide. State v, Jenkins, 14 Rich, 215. 

Mere words can constitute no provocation. State v. "Workman, 39 S. C. 151, 17 S. E. 694. 

If an intentional killing is proved and no more, the law implies malice. State v. Jones, 29 S. C. 
201, 7 S. E. 296: State v. Alexander, 30 S. C. 74, 8 S. E. 440; State v. Mason, 54 S. C. 240, 32 
S. E. 357; State' v. Ariel, 38 S. C. 221, 16 S. E. 779. 

State V. Henderson, 74 S. C. 477, 53 S. E. 117; State v. Jones, 74 S. C. 457, 54 S. E. 1017; 
State V. Foster, 66 S. C. 469. 45 S. E. 1; State v. McDaniel. 68 S. C. 304. 47 S. E. 384. 102 Am. 
St. Rep. 661: State v. Rochester, 72 S. 0. 195, 52 S. E. 685; State v. Jones, 86 S. C. 17, 67 
S. E. 160. 

But where all the facts are proved the jury must say whether there was malice, and not imply it 
from the mere fact of killing. State v. Alexander, 30 S. 0. 74, 8 S. E. 440. The State must prove 
it. State V. Coleman, 6 S. C. 186; State v. Hopkins. 15 S. C. 157; State v. Jones, 29 S. C. 201, 7 
S. E. 296. 

It may be presumed. State v. Smith, 2 Strob. 77. 

As from use of deadly weapon. State v. Sisson, 3 Brev. 59; State v. Ferguson, 2 Hill 619; State 
V. Smith, 2 Strob. 77; State v. Levelle, 34 S. C. 120, 13 S. E. 319; State v. Jackson, 36 S. C. 487, 
15 S. E. 559; State v. Way, 38 S. C. 333, 17 S. E. 39; State v. Byrd, 72 S. C. 104, 51 S. E. 542. 

Or from circumstances showing a depraved spirit. State v. Smith, 2 Strob. 77; State v. Ford, 
1 Spears, 146. 

Killing another, while attempting to commit suicide. State v, Levelle, 34 S. C. 120, 13 S. B. 319. 

Whipping slave of unknown owner to death, after pursuit and capture. State v. Motley, 7 Rich. 
327. 

Where the killing was in a quarrel and encounter, if the facts show that it arose out of his mis- 
conduct, malice on the part of the defendant might be inferred. State v. Hammond, 5 Strob. 101. 

Killing of another when shooting at one to make his horse throw him presumes malice and is 
murder. State v. Smith, 2 Strob. 77. 

Where one interferes in an affray to separate the combatants, and gives notice of his intent, and 
is slain by one of the combatants, it is murder. State v. Ferguson, 2 Hill 619. 

Whoreever there is a previously formed intention to kill, it cannot be excused by a provocation at 
time of the homicide. State v. Sullivan, 43 S. C. 205, 21 S. E. 4. 

Accessories before the fact. State v. Kennedy, 85 S. C. 146, 67 S. E. 152 ; State v. Kenny, 77 
S. 0. 236, 57 S. E. 859. 

Conspiracy to murder. State v. Hunter, 77 S. C. 119, 57 S. E. 637; State v. Norton, 69 S. C. 
456, 48 S. E. 464; State v. White, 67 S. C. 320, 45 S. E. 210; State v. Marks, 70 S. C. 448, 50 S. 
E. 14. 

Murder of a servant bv excessive whipping. State v. Shaw, 64 S. C. 566, 43 S. E. 14, 92 Am. 
St. Rep. 817, 60 L. R. A., 801n. 

Murder committed in mutual combat. State v. Turner, 63 S. G. 548, 41 S. E. 778; State v. Gay- 
lord, 70 S. C. 415, 50 S. E. 20; State v. Andrews, 73 S. C. 258, 53 S. E. 423. 

Malice defined. State v. Miller, 73 S. 0. 277, 53 S. E. 426, 114 Am. St. Rep. 82; State v. Mc- 
Daniel, 63 S. C. 304, 47 S. E. 384, 102 Am. St. Rep. 661; State v. Gallman, 79 S. C. 230, 60 
S. E. 683; State v. Byrd, 72 S. C. 110, 51 S. E. 542. 

Defense — 

Self-defense : 

Necessity to kill not a defense when defendant brought such necessity upon himself. State v. 
Jacobs, 28 S. C. 29, 4 S. E. 799; State v. Murrell, 33 S. 0. 83, 11 S. E. 682; State v. Becham, 
24 S. C. 283; State v. Petsch, 43 S. C. 132, 20 S. E. 993; State v. Trammell, 40 S. C. 331, 18 
S. E. 940; State v. Summer, 55 S. 0. 32, 32 S. E. 771; State v. Lee, 85 S. C. 101, 67 S. 0. 141, 
147 Am. St. Rep. 869. 

One killing while engaged in an unlawful act cannot plead self-defense. State v. Emerson, 78 
S. C. 83, 58 S. E. 974. 



OP SOUTH CAROLINA 3 

It is made out ■when jury is satisfied that prisoner really believed, as a man of ordinary reason 
and firmness, that there was necessity to kill to save himself from death or serious bodily harm: 
it is not necessary to show that there was no other means of escape. State v. McGreer, 13 S C 
464; State v. Turner, 29 S. C. 34, 6 S. E. 891; State v. Jones, 29 S. 0. 201, 7 S. E. 296: State 
V. Jackson, 32 S. C. 27, 10 S. E. 769; State v. Wise, 33 S. 0. 582, 12 S. E. 556; State v. Bodie, 

33 S. C. 117. 11 S. E. 624; State v. Littlejohn, 33 S. C. 599, 11 S. E. 638; State v. Merriman, 

34 S. C. 16, 12 S. E. 619; State v. Symmes, 40 S. C. 383, 19 S. E. 16; State •;;. Mcintosh, 40 
S. C. 347, 18 S. E. 1033; State v. Sullivan, 42 S. C. 205, 21 S. E. 4; State v. Ariel, 38 S. C. 221, 
16 S. E. 779; State v. Corley, 43 S. C. 128, 20 S. E. 989. 

This may be shown by preponderance of testimony. State v. Merriman, 34 S. C. 16, 12 S. E. 
619; State v. Brown. 34 S. C. 41, 12 S. E. 662; State v. Summers, 36 S. C. 479, 15 S. E. 369. 

But a witness testifying as to all the circumstances cannot give his opinion as to whether the 
prisoner's life was in danger from the deceased. State v. Summers, 36 S. C. 479, 15 S. E. 369. 

But the bare fact that deceased was presenting a gun at defendant when he shot does not neces- 
sarily make the killing self-defense. State v. Bodie, 33 S. C. 117, 11 S. E. 624. 

Where deceased had some days before fired at prisoner and then threatened his life, it was not 
self-defense to kill unless deceased showed an intention to take his life. State v. Jackson, 32 S. C. 
27, 10 S. E. 769. 

Seeking or inciting provocation. State v. Nance, 25 S. C. 168; State v. Richardson, 47 S. C. 
18, 24 S. E. 1028. 

Xecessity of withdrawal. State v. Jacobs, 28 S. 0. 29, 4 S. E. 799. 

Defense of habitation. State v. Mcintosh, 40 S. C. 349, 18 S. E. 1033; State v. Cannon, 52 
S. C. 453. 30 S. E. 589; State v. Waldrop, 73 S. C. 60, 52 S. E. 593; State v. Stockman, 82 
S. C. 388, 64 S. E. 595. 129 Am. St. Rep. 888; State v. Brooks, 79 S. C. 144, 60 S. E. 518, 128 
Am. St. Rep. 836, 15 Am. & Eng. Ann. Cas. 49, 17 L. R. A., N. S., 483. 

Resisting unlawful arrest. State v. Davis, 53 S. C. 151, 31 S. E. 62; State v. Messervy, 86 S. 
C. 503, 68 S. E. 766. 

An illegal arrest is but a trespass, and does not excuse a homicide, unless the killing is neces- 
sary in self-defense to prevent death or great bodily harm. State v. Byrd, 72 S. C. 104, 51 S. E. 
542. 

Resisting attack in dwelling by wife jointly with a trespasser. State v. Stevenson, 85 S. C. 247, 
67 S. E. 239. 

Provocation is not an element in self-defense. State v. Byrd, 52 S. C. 480, 30 S. E. 482. 

Preparation for, and seeking difficulty, prevents plea of self-defense. State v. Cobb, 65 S. C. 
324, 43 S. E. 654, 95 Am. St. Rep. 801. 

The defendant must prove by the preponderance of the evidence that he had no other reasonably 
safe means of escape. State v. Andrews, 73 S. C. 257, 53 S. E. 423; State v. Foster, 66 S. C. 
472, 45 S. E. 1; State v. Thrailkill, 71 S. C. 136, 50 S. E. 551. 

Duty to retreat if it can be safely accomplished. State v. Rochester, 72 S. C. 194, 51 S. E. 685; 
State V. Waldrop, 73 S. C. 60, 52 S. E. 793; State v. Rowell, 75 S. C. 494, 56 S. E. 23. 

Definition, m charge, of self-defense. State v. Bowers, 65 S. C. 207, 43 S. E. 656, 95 Am. St. 
Rep. 795: State v. Hutto, 66 S. C. 449, 45 S. E. 13; State v. Dean, 72 S. C. 74, 51 S. E. 524; 
State V. Ross, 75 S. C. 533, 55 S. E. 977; State v. Thompson, 68 S. C. 133, 46 S. E. 941; State 
V. Waldrop, 73 S. C. 60, 52 S. E. 793; State v. Miller, 73 S. 0. 278, 53 S. E. 426, 114 Am. St. 
Rep. 82; State v. Williams, 76 S. C. 143, 56 S. E. 783; State v. Strother, 84 S. 0. 503, 66 S. E. 
877; State v. Coyle, 86 S. C. 81, 67 S. E. 24, 138 Am. St. Rep. 1022. 

The test of necessity to kill. State v. Thompson, 76 S. C. 117, 56 S. E. 789; State v. McKeller, 
85 S. C. 236, 67 S. E. 314; State v. Stockman, 82 S. C. 388, 64 S. E. 595, 129 Am. St. Rep. 888. 

Striking in defense of another. State v. Cook, 78 S. C. 253, 59 S. E. 862, 125 Am. St. Rep. 788 
13 Am. & Eng. Ann. Cas. 1051, 15 L. R. A. N. S., 1013n; State v. Edwards, 68 S. C. 318, 47 S. 
E. 395; State v. Chastain, 85 S. C. 64, 67 S. E. 6. 
insanity : 

Moral insanity or acting- under mere uncontrollable impulse is no defense. State v. Alexander, 30 
S. C. 74, 8 S. E. 440; State v. Levelle, 34 S. C. 120. 

To be proved by preponderance of the evidence; not to be disproved beyond a reasonable doubt. 
State V. Stark, 1 Strob. 479; State v. Paulk, 18 S. C. 515; State v. Coleman, 20 S. C. 441; State v. 
Bundy, 24 S. C. 439; State v. Alexander, 30 S. C. 74, 8 S. E. 440. 

If there is reasonable doubt as to the capacity to commit the crime, the defendant must be ac- 
quitted. State V. Coleman, 20 S. C. 441; State v. Bundy, 24 S. C. 439. 

Voluntary drunkenness, of whatever degree, is no excuse for crime commited under its influence. 
State r. Bundy, 24 S. C. 439; State v. Driggers, 84 S. C. 526, 66 S. E. 1042, 137 Am. St. Rep. 
855, 19 Am. & Eng. Ann. Gas. 1166. 

Intoxication no excuse for crime. State v. Morgan, 40 S. C. 345, 18 S. E. 937; State v 
Bundy, 24 S. C. 439; State v. Paulk, 18 S. C. 515. 

It must appear that defendant was unable to recognize that the act was either morally or le- 
gally wrong. State v. Mcintosh, 39 S. C. 97, 17 S. E. 446; State v. Lloyd, 85 S. C. 73, 67 S E 9- 
State V. Coyle, 86 S. C. 81, 67 S. E. 24, 138 Am. St. Rep. 1022; State v. Malloy, 79 S. C. 76, 60 
S. E. 228. 

Rebuttal of presumption as to insanity from commital to asylum. State v. Davis, 27 S C 609 
4 S. E. 567. 

100?^*°'*^' ^"^^°S during conflict. State v. Coyle, 86 S. C. 81, 67 S. E. 24, 138 Am. St. Rep. 
Alihi: 

Not necessary that it should be proved beyond all reasonable doubt; clear preponderance of testi- 
mony sufficient. State v. Jackson, 36 S. C. 487, 15 S. E. 559. 
Janorance of Law : 

A disturber of the peace cannot excuse himself from the charge of murder by showing ignorance 
of the authority, under the law, of the officer whom he killed, knowing him to be an officer. State 
V. Williams, 36 S. C. 493, 15 S. E. 554. 
Accident: 
Exercise of care. State v. Morgan, 40 S. C. 345, 18 S. E. 937. 

Accidental killing is a negative defense, and the burden is on the State to prove that the killing 
was intentional. State v. McDaniel, 68 S. C. 304, 47 S. E. 384, 102 Am. St. Rep. 661; State v. 
Clardy, 73 S. C. 341. 53 S. E. 493; State v. Mack, 77 S. C. 388, 57 S. E. 1107. 
Duress : 

"A mere threat by another to take one's life, with nothing more, does not amount to a sufficient 
excuse for such an one to commit homicide." State v. Howard, 35 S. C. 197, 14 S. E. 481. 



4 CRIMINAL LAWS 

Evidence — 

As to motive. State v. Poser, 4 Strob. 142: State r. Coleman. 20 S. C. 441: State v. Aughtrv, 

49 S. C. 286, 26 S. E. 619; State r. Andrews, 73 S. C. 257, 53 S. E. 423; State v. Stukes, 7*3 
S. C. 386, 53 S. E. 643; State v. Kennedy, 85 S. C. 146, 67 S. E. 152. 

Motive need not be proved, intent is sufficient. State v. Workman, 39 S. C. 151, 17 S. E. 694; 
State V. Thrailkill, 73 S. C. 314. 53 S. E. 482. 

As to previous difficulties. State v. Adams, 68 S. C. 421, 47 S. E. 676; State v. Gilliam, 66 S. C. 
419, 45 S. E. 5; State v. Thrailkill, 71 S. C. 136, 50 S. E. 551; State v. McDaniel, 68 S. C. 
304, 47 S. E. 384, 102 Am. St. Rep. 661. 

Of express malice makes the killing murder. State v. Sisson, 3 Brev. 59. 

Of express malice against third person in whose stead deceased kUled by mistake. State v. Ken- 
nedy, 85 S. C. 146, 67 S. E. 152. 

Ijaw presumes malice, but where all the facts come out the State must prove it. State v. Jones, 
29 S. C. 202, 7 S. E. 296. 

■\Vhat declarations of deceased are admissible. State r. Freeman, 1 Speer 57. 

What declarations are inadmissible. State v. Lindsay, 82 S. C. 486, 63 S. E. 1064, 1135. 

When defendant proves declaration of deceased looking to suicide, the State can prove reasons 
assigned by him. State r. Crank, 2 Bail. 66. 

Self-serving declarations of defendant inadmissible. State v. Dean. 72 S. C. 74, 51 S. E. 524; 
State r. Adams, 08 S. C. 421, 47 S. E. 676: State r. Avant. 85 S. C. 570, 67 S. E. 908. 

Dying declarations are admissible. State v. Ferguson, 2 Hill 619; State v. Quick, 15 Rich. 342; 
State V. McEvoy, 9 S. C. 208; State v. Xance, 25 S. C. 168. 

Those of one of two killed bv poison admissible against defendant on trial for murder of the 
other. State r. Terrill, 12 Rich. 321. 

Declarant must have no hope of life, and the circumstances of the death must be the subject of 
the declaration. State v. McEvov, 9 S. C. 212; State v. Washington, 13 S. C. 458; State v. Gill, 
14 S. C. 415; State v. Johnson, 26 S. C. 152, 1 S. E. 510; State v. Belton, 24 S. 0. 185; State 
V. Nance, 25 S. C. 168: State r. Wvse, 32 S. C. 45, 10 S. E. 612; State v. Bradlev, 34 S. C. 136, 
13 S. E. 315; State r. Head. 60 S. C. 516, 39 S. E. 6: State v. Jaggers, 58 S. C; 41, 36 S. E. 
434j State v. Lee, 58 S. C._335, 36 S. E. 706; State v. Faile, 43 S. C. 52, 20 S. E. 798. 

Hope that declarant will live until next day does not render declaration inadmissible. State v. 
McCoomer, 79 S. C. 63, 60 S. E. 237. 

Not inadmissible because under oath. State r. Talbert, 41 S. C. 526, "19 S. E. 852. 

The whole declaration admitted. State r. Petsch, 43 S. C. 132, 20 S. E. 993. 

The fact that physician did not think the declarant would die does not affect the testimony. State 
V. Johnson, 20 S. C. 155. 

Declaration after wound, but not in face of death, not admissible. State r. Bodie, 33 S. C. 117, 
11 S. E. 624. 

Of wife, on trial of husband, for murder. State v. Belcher, 13 S. C. 459. 

Dying declaration cannot be impeached by proving other statements of the deceased made not 
under oath, nor shadow of impending death. " State i: Tavlor. 56 S. C. 360, 34 S. E. 939; State v. 
Banister, 35 S. C. 290, 14 S. E. 678: State r. Stuckey. '56 S. C. 576. 35 S. E. 263. 

Declaration as part of res oestae. State r. Arnold, 47 S. C. 9, 24 S. E. 926. 

State V. Way, 76 S. C. 91. 56 S. E. 653: State r. Gardner, 83 S. C. 476, 65 S. E. 630; State 
r. McDaniel, 68 S. C. 304, 47 S. E. 384. 102 Am. St. Rep. 661; State v. Suber, 82 S. C. 160, 63 
S. E. 684; State v. Lindsay, 68 S. C. 276, 47 S. E. 389. 

Defendant's previous conduct or state of mind. State v. Brooks, 79 S. C. 144, 60 S. E. 518, 
128 Am. St. Rep. 836, 15 Am. & Eng. Ann. Cas. 49, 17 L. R. A. N. S., 483: State r. Miller. 73 
S. C. 277, 53 S. E. 426, 114 Am. St. Rep. 82: State v. Lee, 85 S. C. 101, 67 S. E. 141, 147 Am. 
St. Rep. 869; State v. Smalls, 73 S. C. 516, 53 S. E. 976: State r. Springfield, 86 S. C. 318, 68 
S. E. 563; State v. Thrailkill, 73 S. C. 314, 53 S. E. 482: State v. Gilliam, 66 S. C. 419, 45 S. 
E. 5. 

Acts as res gestae. State v. Hunter, 82 S. C. 153, 63 S. E. 685. 
As to Character: 

Reputation for good order mav be considered bv jurs'. State v. Barth, 25 S. C. 175 : State v. 
Brown, 34 S. C. 41, 12 S. E. 662. 

Not limited in its effect to doubtful cases. State v. Barth, 25 S. C. 175. 

Testimony as to reputation of deceased. State v. Miller, 73 S. C. 280, 54 S. E. 426, 114 Am. 
St. Rep. 82; State v. Thrailkill, 71 S. C. 136, 50 S. E. 551. 

Evidence of reputation irrelevant where onlv defence is accidental homicide. State r. McDaniel, 
68 S. C. 304, 47 S. E. 384, 102 Am. St. Rep. 661. 

Of general bad character, not admissible. State v. Smith, 12 Rich. 430: State r. Turner, 29 
S. C. 34. 6 S. E. 891. 

Violence of character admissible if probably known to prisoner or there were sufficient reasons 
to suppose that they were known to him. State v. Smith, 12 Rich. 430; State v. Turner, 29 S. 
C. 34, 6 S. E. 891. 

Even particular acts of violence known to the prisoner and reasonably connected in point of 
time with the killing may be shown. State r. Smith, 12 Rich. 430. 

But not where unconnected in point of time with the fatal rencontre so as to produce reasonable 
apprehension of danger. State r. Andrews, 73 S. C. 257, 53 S. E. 423; State v. Dean, 72 S. C. 
74, 51 S. E. 524, 

Reasonable Donht: 

State must prove its case bevond a reasonable doubt. State r. Senn, 32 S. C. 392. 11 S. E. 
292; State v. Bodie, 33 S. C. 117, 11 S. E. 624; State v. Merriman. 34 S. C. 16, 12 S. E. 619. 

Defendant entitled to benefit of doubt upon the whole testimonv. State v. Bodie, 33 S. C. 117, 
11 S. E. 624; State v. Kibler, 79 S. C. 171. 60 S. E. 438; State r. Reeder, 72 S. C. 223, 51 S. E. 701; 
State r. Stockman, 82 S. C. 389, 64 S. E. 595, 129 Am. St. Rep. 888: State v. Hutto, 66 S. C. 
449, 45 S. E. 13: State v. Lindsav, 82 S. C. 486, 63 S. E. 1064: State r. Moss, 77 S. C. 391, 
57 S. E. 1098; State v. Hampton, 79 S. C. 178, 60 S. E. 669: State r. Gadsden, 70 S. C. 430, 

50 S. E. 16; State r. Dawson, 85 S. C. 234. 67 S. E. 313. 

But it must be well founded doubt. State v. Bodie, 33 S. C. 117, 11 S. E. 624. 
Special Defense: 

Must be proved by preponderance of testimonv. State v. Bodie, 33 S. C. 117, 11 S. E. 624; 
State V. Strother. 84 S. C. 503, 66 S. E. 877; State v. Way, 76 ,S. C. 1, 56 S. E. 563. 

In order to show a previous trial, record should be introduced. State v. Andrews, 73 S. C. 257, 
53 S. E. 423. 

The plea of self-defense mav be sustained by testimony produced by the State. State v. Moss, 
77 S. C. 391, 57 S. E. 1098. 



OF SOUTH CAROLINA ' 5 

If defendant admits voluntary homicide, the burden is on him to show lawful excuse or justi- 
fication. State V. Brown, 79 S. C. 390, 60 S. E. 945. 
Insanitv : 

Physicians cannot give their opinions as to insanity from testimony given, hut can do so on 
similar case stated. State r. Coleman, 20 S. C. 441. 

Standard authors on the subject may be read to the jury. Ih. 

Judge having fully instructed the jury as to the law of insanity and their duty to acquit the pris- 
oner if insane when" he committed the homicide, he did not err in refusing to instruct them that the 
Court was authorized to send the prisoner to the Asylum if found to be non compos. State v. 
Robinson, 27 S. C. 615. 4 S. E. 570. 
Circumstantial Evidence : 

Conviction on, is proper. But the circumstances should be proved to entire satisfaction of jury, 
and when established should point conclusively to the defendant as the guilty party, and must be incon- 
sistent with anv other reasonable hvpothesis. State v. Anderson, 20 S. C. 581; State v. Milling, 25 
S. C. 16; State v. Sanders, 75 S. C. 409, 56 S. E. 35. 

Case of circumstantial evidence. State v. Boyleston, 84 S. C. 574, 66 S. E. 1047; State v. 
Hudson 66 S C 394, 44 S. E. 968, 97 Am. St. Rep. 768; State v. Jackson, 68 S. C. 53, 46 S. 
E. 538- State r. Langford, 74 S. C. 460, 55 S. E. 120; State v. Gillis, 73 S. C. 318, 53 S. E. 487, 
114 Am St. Rep. 95, 6 Am. & Eng. Ann. Cas. 993, 5 L. R. A., N. S., 571n; State v. Stukes, 73 
S. C. 386, 53 S. E. 643; State v. Tedder, 83 S. C. 437, 65 S. E. 449. 

Concealment of death of bastard child. State r. Love, 1 Bay 167. 

Charge as to circumstantial evidence. State v. Langford, 74 S. C. 462, 55 S. E. 120. 

Footprints as evidence. State v. Langford, 74 S. C. 462, 55 S. E. 120; State v. Sanders, 75 S. 
C. 410. 56 S. E. 35; State v. Wideman, 68 S. C. 119, 46 S. E. 769. 

Admissions by defendant. State v. Miller, 73 S. C. 277, 53 S. E. 426, 114 Am. St. Rep. 82. 

Must be voluntarv. not induced bv fear or hope improperly excited. State v. Howard, 35 S. C. 
197, 14 S. E. 481: "state v. Carson," 36 S. C. 524, 15 S. E. 588; State v. Workman, 15 S. C. 540; 
State V. Moorman, 27 S. C. 22, 2 S. E. 621: State v. Henderson, 74 S. C. 477, 55 S. E. 117. 

No warning that it would be used against defendant is necessary to render it admissible. State 
r. Baker, 58 S. C. 111. 36 S. E. 501. 

Corroboration of. State v. Derrick, 44 S. C. 344, 22 S. E. 337; State v. Middleton, 69 S. C. 
72, 48 S. E. 35. 

Contession of one cannot be used against other defendant. State r. Anderson, 24 S. C. 109; State 
r. Adams, 68 S. C. 421, 47 S. E. 676; State v. Thomas, 75 S. C. 477, 55 S. E. 893. 

Two prisoners being tried for the same murder, their separate written statements so far as charg- 
ing each the other with the homicide without implicating himself, was improperly received. State 
V. Carson, 36 S. C. 524. 15 S. E. 588. 

Confessions generallv. State v. Crank, 2 Bail. 66; State v. Kirby, 1 Strob. 155; State v. Clark, 
4 Strob. 311; State v". Yeigneur, 5 Rich. 391; State v. Motley, 7 Rich. 327; State v. Gossett, 9 
Rich. 428; State r. Clavton, 11 Rich. 581; State v. Cook, 15 Rich. 29; State v. Branham, 13 S. C. 
369; State v. Dodson, 14 S. C. 628; State v. Workman. 15 S. C. 540; State v. Dodson, 16 S. C. 
453; State v. Shorter, 85 S. C. 170, 67 S. E. 131. 
Confidential Comwunication: 

Where an accomplice testifies as State's witness, his confidential communications made by him to 
his attornev cannot be disclosed by the attorney as a witness. State v. James, 34 S. C. 49, 12 
S. E. 657." ,,.... 

While husband cannot be compelled to disclose the confidential communicati jns of his wife, yet 
having voluntariiv told part of a communication he must disclose the whole. State v. Turner, 36 
S. C. 534. 15 S". E. 602. 
Exvert Testimony: 

State V. Coleman, 20 S. C. 452; State v. Senn, 32 S. C. 392, 11 S. E. 292; State v. Bradley, 
34 S. C. 136. 13 S. E. 315; State r. Milling, 35 S. C. 16. 14 S. E. 284; State v. Foote, 58 S. C. 
218, 36 S. E. 551; State r. Johnson, 66 S. C. 23, 44 S. E. 58. 

Experimental testimonv. State v. Avant, 85 S. C. 574, 67 S. E. 908. 
Threats : 

Statements not amounting to threats. State r. Thrailkill, 71 S. C. 136, 50 S. E. 551; State v. 
Thompson, 76 S. C. 116, 56 S. E. 789. . 

Threat reasonablv connected in point of time with the killing may be received. State v. Smith, 
12 Rich. 430: State i: Jackson, 32 S. C. 27, 10 S. E. 769; State v. Campbell, 35 S. C. 28, 14 S. E. 
292. 

Threats bv third party, connected with transaction or difficulty. State v. Gaylord, 70 S. C. 416, 
50 S. E. 20. " 

Uncommunicated threats sometimes competent. State r. Bodie, 33 S. C. 117, 11 S. E. 624. 

One month before killing considered reasonable time. State •;;. Campbell, 35 S. C. 29, 14 S. E. 
292. 

But at the time of the homicide the deceased must have made some demonstration of an inten- 
tion to execuie his threats. State v. Jackson, 32 S. C. 27, 10 S. E. 769. 

Improperlv admitted as in reply. State v. Jaggers, 58 S. C. 41, 36 S. E. 434. 

A mere threat no excuse for committing homicide. State v. Howard, 35 S. C. 197, 14 S. E. 481. 

Threats after homicide and bad blood between prisoner and family of deceased may be proved. 
State V. Anderson, 2 6 S. C. 599, 2 S. E. 699. 

Prisoner as Witness: <-,/-, io o tti 

Subiect to cross-examination like other witnesses. State v. Merriman, 34 S. C. 16, 12 b. E. 
619; State v. Turner, 36 S. C. 534, 15 S. E. 602; State v. Kennedy, 85 S. C. 146, 67 S. E. 152; 
State V. Boyleston, 85 S. C. 574, 66 S. E. 1047; State v. Rowell. 75 S. C. 494, 56 S. E. 23; State 
V. Kennv, 77 S. C. 236. 57 S. E. 859; State v. Mills, 79 S. C. 187, 60 S. E. 664; State v. Avant, 
85 S C. 570, 67 S. E.. 908. Defendant required to demonstrate how shooting occurred. State v. 
Hunter, 82 S. C. 157, 63 S. E. 685. 

Effect of good character considered. State v. Edwards, 13 S. C. 32. 

His character may be impeached. State v. Merriman, 34 S. C. 18, 12 S. E. 619. „ _ ,.„ 

His coutrarv statement to others may be proved. State v. Merriman, 34 S. C. 18, 12 S. E. 619. 
Contradiction "of his declaration as to his actions the night before the homicide. State v. Hasty, 
76 S. C. 105, 56 S. E. 669. 

Improper for Solicitor to comment on failure of defendant to testify, but not reviewable error 
when Judge corrected the inference suggested. State r. Howard, 35 S. C. 197, 14 S. E. 481. 

Testimony at Coroner's inquest is inadmissible against the witness under a charge afterwards 
preferred against them of the murder of the deceased person. State v. Senn, 32 S. C. 392, 11 
S. E. 292. 



6 CRIMINAL LAWS 

Acts and declarations of conspirators. State v. James, 34 S. C. 49, 12 S. E. 657. Declaration of 
coconspirator after end of conspiracy. State v. Philips, 73 S. 0. 236, 53 S. E. 370. 

Where only two of the rioters were indicted, proof that the injury was inflicted by others of the 
rioters will sustain verdict against the two. State v. Jenkins, 14 Rich. 215. 
Witnesses : 

Wife of father competent on separate trial to testify against the son indicted with him. State v. 
Anthony, 1 McO. 285. 

So is wife of one not on trial competent witness against his accomplices. State v. Drawdv, 14 
Rich. 87. 

Testimony as to immoral relations between witness and deceased inadmissible to discredit her 
testimony. State v. Hasty, 76 S. C. 105, 56 S. E. 669. 

Relevancy of testimony as to defendant's intoxication. State v. Rowell, 75 S. C. 494, 56 S. E. 23. 

Parol evidence of written instrument to show a collateral fact. State v. Waldrop, 73 S. C. 60, 52 
S. E. 793. 

The life of an infant alleged to have been murdered must be proved. State v. O'Neall, 79 S. C. 
571, 60 S. E. 1121. 

The corpus delicti does not embrace the identity of the person charged with agency causing the 
death. State v. Taylor, 56 S. C. 360, 34 S. E. 939. 

It does embrace the identity of the victim, but this may be shown by circumstantial evidence. 
State V. Martin, 47 S. 0. 70, 25 S. E. 113. 

A conviction may be based on the testimonv of an accomplice. State v. Green, 48 S. C. 136, 26 
S. E. 234; State v. Kennedy, 85 S. C. 146, 67 S. E. 152. 

Testimony of principal against accessory. State v. Kennedy, 85 S. C. 146, 67 S. E. 152. 

Use of testimony given on a former trial bv a deceased witness. State v. Milam, 65 S. C. 321, 
43 S. E. 677. 

Trial— 

Judge may permit jurv to disperse during trial. State v. Belcher, 13 S. C. 46. 

Severance. State v. Kennv, 77 S. C. 237, 57 S. E. 859. Polling jury. State v. Daniel, 77 S. 
C. 53, 57 S. E. 639. 
Conduct of: 

Argament of counsel is restricted by general rules under control of_ the trial Judge, but if im- 
proper statements are made by counsel in a law case they can be reviewed in the Supreme Court 
only by appeal from some ruling of the Judge thereon. State v. Turner, 36 S. C. 534, 15 S. E. 
602. 

Admission of testimony in reply is largely in the discretion of the Circuit Judge. State v. Har- 
mon, 79 S. C. 83, 60 S. E. 230; State v. Johnson, 66 S. C. 23, 44 S. E. 58; State v. Thompson, 
68 S. C. 133. 46 S. E. 94. 

Remedv against incompetent testimony brought out without objection is motion to strike out. 
State V. Adams. 68 S. C. 421, 47 S. E. 676. 

Ijaving foundation for contradiction of witnesses. State v. Hampton, 79 S. C. 180, 60 S. E. 
669; "state v. Suber. 82 S. C. 159. 63 S. E. 684. 

• I'cading questions permitted in discretion of Court. State v. Williams, 76 S. C. 134, 56 S. E. 
783. 

Examination of witness by presiding Judge. State v. Driggers, 84 S. C. 526, 66 S. E. 1042, 
137 Am. St. Rep. 855. 19 Am. & Eng. Ann. Cas. 1166; State v. Anderson, 85 S. C. 229, 67 S. E. 
237, 137 Am. St. Rep. 887. 
Charge to jury : 

Not necessarv to charge as to a defense, where there is no evidence to support it. State v. An- 
derson, 85 S. C. 230, 67 S. E. 237, 137 Am. St. Rep. 887; State v. Driggers, 84 S. C. 526, 66 
S. E. 1042, 137 Am. St. Rep. 855, 19 Am. & Eng. Ann. Cas. 1166; State v. Hutto, 66 S. 0. 449, 
45 S. E. 13; State v. Waldrop, 73 S. C. 60, 52 S. E. 793; State v. Adams, 68 S. C. 427. 47 S. E. 
676; State v. Dodson. 76 S. C. 464. 

An exception to failure to charge should be based upon a request. State v. Boyleston, 84 S. 
C. 574. 66 S. E. 1047. 

Charge as to circumstantial evidence. State v. Tedder, 83 S. C. 437, 65 S. E. 449; State v. 
Langford, 74 S. C. 460. 55 S. E. 120; State v. Sanders, 75 S. C. 410. 56 S. E. 35. 

No error to state to jury admitted facts. State v. Nickels, 65 S. C. 169, 43 S. E. 521; State v. 
Johnson, 66 S. E. 23. 44 S. E. 58. 

That a partv denying a fact offers no evidence against it does not make such fact an admitted or 
undisputed fact. State v. Johnson, 85 S. C. 265, 67 S. E. 453. 

Judge must not allow his opinion as to the facts of the case, either inadvertently, intentionally or 
otherwise, to reach the jury. State v. White, 15 S. C. 381; State v. Jenkins, 21 S. C. 585; State 
v. Addv, 28 S. C. 4, 4 S. E. 814; State v. Norton, 28 S. C. 572, 6 S. E. 820; State v. James, 31 
S. C. 218, 9 S. E. 844; State v. Williams, 31 S. C. 238, 9 S. E. 853; State v. Wyse, 32 S. C. 45. 
10 S. E. 612; State v. Milling, 85 S. C. 16, 14 S. E. 284. 

As to what is a charge upon the facts. State v. Summers, 19 S. C. 95; State v. Atterberry, 19 
S. C. 597; State v. Jenkins, 21 S. C. 596; State v. James, 31 S. C. 218, 9 S. E. 844; State v. 
Milling, 35 S. C. 16, 14 S. E. 284; State v. Jackson, 36 S. 0. 487, 15 S. E. 559; State v. Turner, 
36 S. C. 534, 15 S. E. 602; State v. Thrailkill, 71 S. C. 136, 50 S. E. 551; State v. Sudduth, 74 
S. C. 498, 54 S. E. 1013; State v. McDaniel, 68 S. C. 306, 47 S. E. 384, 102 Am. St. Rep. 661; 
State V. Lindsey, 68 S. C. 276, 47 S. E. 389; State v. Williams, 76 S. C. 144, 56 S. E. 783. 

Generally erroneous to exclude from jury all questions of manslaughter. State v. Kirkland, 14 
Rich. 230; State v. Jenkins, 21 S. C. 596; State v. Norton, 28 S. C. 572, 6 S. E. 820; State v. 
Turner, 29 S. C. 34. 6 S. E. 891; State v. Wyse, 32 S. C. 45. 10 S. E. 612. 

Charges as to weight to be given to admissions by defendant. State v. Shorter, 85 S. C. 170, 
67 S. E. 131; or the weight to be given to any testimony. State v. Sowell, 85 S. C. 282, 67 S. C. 
316; State v. Johnson, 66 S. C. 36. 44 S. E. 58. This is to be avoided in stating a rule of evidence. 
See State v. Philips, 73 S. C. 236, 53 S. E. 370. ' 

But if there be no testimony to raise the question of self-defence or manslaughter the Judge may 
so charge. State v. Summers. 19 S. C. 94; State v. Nance, 25 S. C. 168. 

But not material when verdict is "guilty of manslaughter." State v. Jenkins, 21 S. C. 596. 

Also erroneous to instruct jury that prisoner was guilty if he knew right from wrong, when insanity 
was not the only defense. State v. Leonard, 32 S. C. 201, 10 S. E. 1007. 

Also to charge that good character should have great weight. State v. Brown, 34 S. C. 41, 12 S. 
E. 662. 

An omission to charge any particular proposition of law unless requested is not a reversible error 
when the principle is otherwise substantially charged. State v. Anderson, 24 S. C. 113 ; State v. 
Prater, 26 S. C. 198, 2 S. E. 108; State v. Turner, 29 S. C. 34, 6 S. E. 891; State v. Murrell, 
33 S. C. 83, 11 S. E. 682; State v. Milling, 35 S. C. 16, 14 S. E. 284; State v. Chiles, 58 S. C. 
47. 36 S. E. 496; State v. Smith, 56 S. C. 378, 34 S. E. 657, 57 S. C. 489, 35 S. E. 727. 



OF SOUTH CAROLINA . 7 

Or to instruct the jury in the precise terms in -which a request is presented. State v. Jacobs, 28 
S. C. 29, 4 S. E. 799. . ,, , ^ ^ ^ 

No error to tell jury when asked by them that prisoner could be recommended to niercy, or in 
failing to instruct them that such recommendation could not afiEect sentence. State v. Gill, 14 S. C. 
415; State v. Murrell, 33 S. C. 83, 11 S. E. 682. 

No error to omit to instruct jury that the Court could commit to Asylum after verdict of non com- 
pos mentis. State v. Robinson, 27 S. C. 615, 4 S. E. 570. 

Nor as to the effect of recommendation to mercy where there is no request to do so. State v. 
Owens. 44 S. C. 324, 22 S. E. 244; State v. Adams, 68 S. C. 421, 47 S. E. 676; State v. Jones, 
74 S. C. 456. 54 S. E. 1017. 

Instructing jury not to be afraid to perform their duty. State v. Malloy, 79 S. C. 76, 60 S. E. 
228. 

Request emphasizing right of jury to accept defendant's statement, erroneous. State v. Thrailkill, 
71 S. C. 136. 50 S. E. 551. 

Statement of facts in hypothetical form permissible. State v. Way, 76 S. C. 91, 56 S. E. 653; 
State V. Duncan, 86 S. C." 370. 68 S. E. 684. 

Inadvertence reference to undisputed fact immaterial. State v. Avers, 86 S. C. 426, 68 S. E. 
625. 

Second Trial — 

Defendant properly put on second trial when former conviction was simply reversed by the 
Supreme Court. State v. Stephens, 13 S. C. 285; State v. Wise, 33 S. C. 582, 12 S. E. 556. 

Constitution of 1868 exempted from second trial only where there had been an acquittal. State v. 
Shirer, 20 S, C. 404; State v. Jenkins, 20 S. C. 353; State v. Briggs, 27 S. C. 80, 2 S. E. 854; 
State V. Wise, 33 S. C. 582. 12 S. E. 556; otherwise under Constitution of 1895. 

Jeopardv of life defined. State v. McKee, 1 Bail, 651. 

No discharge for, because one panel of jurors was exhausted and trial adjourned over until next 
week. State v. Briggs, 27 S. C. 80, 2 S. E. 854. 

Assault and battery with intent to kill is a misdemeanor. State v. Welch, 29 S. C. 4, 6 S. E. 894. 

Embraces all the elements of murder except the death. State v. White, 21 S. C. 597. 

Bv attempt to poison. State v. Glover, 27 S. C. 602, 4 S. E. 564. 

Necessitv of act. as a defense. State v. McGreer, 13 S. C. 464; State v. Littlejohn, 33 S. C. 
599, 11 S'. E. 638. 

Charge containing declaration of law as to how far the law permits a husband to go in punish- 
inc a man committing adultery with his wife. State v. Chiles, 58 S. C. 47, 36 S. E. 496. 

Where the testimony for the state was such that the defendant relied upon it to show an alibi, 
and offered no testimony, it was error for the Judge to charge that the burden of proving the alibi 
was upon defendant. State v. Atkins, 49 S. C. 481, 27 S. E. 484. 

On indictment for assault and batter%f with intent to kill defendant may be convicted of an assault 
of a high and aggravated nature. State v. Robinson, 31 S. C. 453, 10 S. E. 101; State v. 
Lightsey, 43 S. 0. 114. 20 S. E. 975. 

Wliat constitutes an assault. lb. 

(2) § 2. Punishment for Murder. — Whoever is guilty of murder shall 
suffer the punishment of death: Provided, hoivever, That in each case 
where the prisoner is found guilty of murder, the jury may find a special 
verdict recommending him or her to the mercy of the Court, whereupon 
the punishment shall be reduced to imprisonment in the Penitentiary 
with hard labor during the whole lifetime of the prisoner. 

Crim. Code, '12, § 136 ; Crim. Code, '02, § 109 ; G. S. 2454 ; R. S. 109 ; ISGS, XIV, 
175 ; 1894, XXI, 785. ' 

(3) § 3. Killing by Stabbing, Etc. — ^Whoever shall stab or thrust 
any person or persons that has not then any weapon drawn, or that has 
not then first stricken the party which shall so stab or thrust, so as the 
person or persons so stabbed or thrust shall thereof die within the space 
of six months then next following, although it cannot be proved that 
the same was done of malice aforethought, yet the party so offending, 
and being thereof convicted, shall suffer death as in the case of wilful 
murder: Provided, That nothing herein contained shall extend to any 
person who shall kill any person or persons in self-defense, or by mis- 
fortune, or in any other manner than as aforesaid; nor to any person 
who, in keeping and preserving the peace, shall chance to commit man- 
slaughter, so as the said manslaughter be not committed wittingly, wil- 
lingly, and of purpose, under pretext and color of keeping the peace; nor 
shall extend to any person who, in chastising or correcting his child, shall, 
besides his or their intent and purpose, chance to commit manslaughter. 

Crim. Code, '12, § 137 ; Crim. Code, '02, § 110 ; G. S. 2455 ; R. S. 110 ; 1712, II, 507. 



8 GEIMINAL LAAA'S 

(4) § 4. Death From Obstructing Railroad. — AVhere the death of any 
human being results from any obstruction placed upon a railroad, as de- 
scribed in Section 14 of this Chapter, the person placing or causing to 
be placed such obstruction or impediment on said railroad shall be ad- 
judged guilty of murder, and shall suifer death. 

Crim. Code, '12, § 138; Crim. Code, '02, §111; G. S. 2456; R. S. Ill; 1S79, XVIII, 
101. 

(5) § 5. Killing by Poison. — All wilful killing by poisoning of any 
person shall be adjudged, taken, and deemed wilful murder, of malice 
'pre-pense, and the offender therein, his aiders, abetters, procurers, and 
counsellors, shall suffer death, as in other cases of wilful murder. 

Crim. Code, '12, § 139; Crim. Code, '02, § 112; G. S. 24.57; R. S. 112; 1712, II, 479. 

(6) § 6. Killing in a Duel. — In case any person shall kill another in 
any duel with a deadly weapon, or shall inflict a wound or wounds upon 
any person in any duel, so as the person so wounded shall thereof die 
within the space of six months then next following, such person so kill- 
ing another, or so wounding any person whereby such person so wounded 
shall die as aforesaid, being thereof convicted, shall suffer death, as in 
the case of wilful murder. 

Crim. Code, '12, § 140; Crim. Code, '02, § 113; G. S. 245S; R. S. 113; ISSO, XVII. 
501. 

(7) § 7. Rape. — AVhosoever shall ravish a woman, married, maid, or 
other, where she did not consent, either before or after, and likewise 
where a man ravisheth a woman with force, although she consent after, 
he shall be deemed guilty of rape, and shall, upon conviction, suffer death 
in the same form and manner as is now provided by law for wilful 
murder: Provided, however, That in each case where a prisoner is found 
guilty, the jury may find a special verdict recommending him to the 
mercy of the Court, whereupon the punishment shall be reduced to im- 
prisonment in the Penitentiary with hard' labor as provided in Section 
(8). 

Crim. Code, '12. § 141; Crim. Cede, '02, § 114; G. S. 2459; R. S. 114; 1712, II, 422: 
1869, XIV, 175; 1878, XVI, 631. 

This is a different offense from that in § 9, but under an indictment for rape at common law, 
it is competent to show the age of the victim on the issue of force or consent. State v. Haddon, 
49 S. C. 308, 27 S. E. 194. 

And the Constitution,. Art. III. §33, furnishes the rule of evidence as to want of consent 
where the victim is under the age of fourteen years. 

Verdict of guilty of an assault with intent to ravish sustained on an indictment containing 
counts under both § § 7 and 9, where no motion was made to elect. State v. Gilchrist, 54 S. C. 
160, 31 S. E. 866. 

Deposition of injured party since deceased, made for warrant and in absence of prisoner, not 
admissible. State v. Hill, 2 Hill 607. 

If defendant testifies in his own behalf his general reputation for veracity may be assailed. 
State V. Robertson, 26 S. C. 117, 1 S. E. 443. 

Admitting connection while denying the rape is not affirmative defense, but leaves the bur- 
den of proof on the State. State t. Tavlor, 57 S. C. 483, 35 S. E. 729. 

Testimony as to condition of victim; force used. State v. Sudduth, 52 S. C. 488, 30 S. E. 408. 

Evidence as to identification of persons by victim. State v. Johnson, 85 S. C. 265, 67 S. E. 453. 

As to procedure on trials for rape or assault with intent to ravish, see Procedure Volume. 

Evidence supporting verdict of guiltv of assault with intent to ravish. State r. Johnson, 84 S. C. 
45, 65 S. E. 1023; State r. Butler, 85 S. C. 45, 66 S. E. 1041. 

Conviction for assault and battery of high and aggravated nature. State v. Dalby, 86 S. C. 367. 
68 S. E. 633. 

(8) § 8. Punishment for Rape, or Assault With Intent to Ravish. — 

Any person convicted of rape or assault with intent to ravish shall 



OF SOUTH CAKOLINA 9 

suffer death unless the jury shall recommend to the mercy of the Court, 
in which event the defendant shall be confined at hard labor in the State 
Penitentiary for a term not exceeding forty years or less than five years, 
at the discretion of the presiding Judge. 

Grim. Code, '12, § 142 ; 1909, XXVI, 206. 

Act constitutional, State vs : Butler 85 S. C. 45, 66 S. E. 1041. 

(9) § 9. Carnal Knowledge of Woman Child — Age of Consent — Spec- 
ial Verdicts — Penalties. — If any person shall unlawfully and carnally 
know and abuse any woman child under the age of sixteen years, every 
such unlawful and carnal knowledge shall be felony, and the offender 
thereof being duly convicted shall suffer as for a rape: Provided how- 
ever, That in any case where the woman or child is over the age of ten 
years and the prisoner is found guilty the jury may find a special ver- 
dict recommending him to the mercy of the Court, whereupon the punish- 
ment shall be reduced to imprisonment in the Penitentary for a term 
not exceeding fourteen years, at the discretion of the Court : Provided, 
further, That in any case where the woman or child is over the age of four- 
teen (14) years and under the age of sixteen (16) years and the prisoner 
is found guilt}^, the punishment shall be in the discretion of the Court, 
not exceeding five (5) years imprisonment: Provided, hoivever, That in 
cases w^here the defendant is under eighteen years of age and the woman- 
child is above the age of fourteen (14) years, previous unchastity may be 
defensively shown, and if such want of chastity be found by a special ver- 
dict of the jury, the punishment imposed b}^ the Court shall not exceed 
one year's imprisonment, or a fine of not more than five hundred 
($500.00) dollars, alternatively awarded'. 

Grim. Code, '12, § 143; Crim. Code, '02; § 115; G. S. 2460; R. S. 115; 1712, II, 498; 
1806, XXII, 223 ; Const., 1895, Art, 3 § 33. 1921, XXXII, 282. 

This is a statutory offence, distinct from rape. State v. Haddon, 49 S. C. 308, 27 S. E. 194; 
State V. Coleman, 54 S. C. 162, 31 S. E. 866; and a boy between seven and fourteen years of age 
may be convicted of.it, if the physical capacity be shown. State v. Coleman, supra. 

As to necessitj' to show the age of the woman child under this Statute, see State v. Haddon, 
supra. 

(10) § 10. Manslaughter.— Manslaughter, or the unlawful killing of 
another without malice, express or implied, shall be punishable by hard 
labor in the Penitentiary, not exceeding thirty years nor less than two 
years. 

Grim. Code, '12, § 148 ; Crim. Code, '02, § 120 ; G. S. 2465 ; R. S. 120 ; 1869, XIV, 175. 

Defined: 

Is the taking the life of another in sudden heat and passion, under reasonable provocation, with- 
out premeditation or malice. State v. Ferguson, 2 Hill 619; State v. Smith, 10 Rich. 341; State 
V. Jacobs, 28 S. C. 29; 4 S. E. 799. 

The provocation must be such as to provoke a high degree of resentment, and ordinarily induce 
a great degree of violence when compared with those of a slight and trivial character from which a 
great degree of violence does not usually follow. State v. Ferguson, 2 Hill 619. 

No mere words, however insulting, can excuse the killing and reduce the defense to man- 
slaughter. State r. Jacobs, 28 S. C. 29, 4 S. E. 799; State r. Levelle, 34 S. C. 120, 13 S. E. 319; 
State V. Davis, 50 S. C. 405, 27 S. E. 905; State v. Gilliam, 66 S. C. 423, 45 S. E. 6. 

But no provocation, however grievious, will excuse from the crime of murder, where, from the 
weapons used or the manner of assault, an intention to kill or do some bodily harm is manifest. 
State V. Ferguson, 2 Hill 619; State v. Way, 38 S. C. 333, 17 S. E. 39. 

An officer shooting a person charged with a misdemeanor, and fleeing to avoid arrest, guilty 
of manslaughter. State v. Sudduth, 74 S. C. 498, 54 S. E. 1013. 

A father killing a man whom he detects in his home in illicit intercourse with daughter, a 
member of his family, would be guilty of manslaughter. State v. Emerson, 78 S. C. 83, 58 S. E. 
974. 

Whether the killing was under sudden heat and passion, or from a settled, deliberate purpose, 
must be concluded by the jury upon the facts of the case. State v. Ford, 1 Speer 154; State v. 
Wyse, 32 S. C. 45. 10 S. E. 612. 

Wliere the orignial provocation, given shortly before the killing, was then sufficient to reduce 
the killing to manslaughter, the jury must inquire, not whether the suspension of reason under 



10 CRIMINAL LAWS 

such sudden heat and passion continued down to the moment of the killing, hut -whether the pris- 
oner did cool, or was there time, all circumstances being considered, for a man or ordinary reason 
to have cooled. State v. McCants, 1 Speer 389; State v. Jacobs, 28 S. C. 29, 4 S. E. 799. 

Any signs of deliberation or reflection would be evidence of cooling. State v. McCants, 1 Speer 
389. 

Distinction between murder and manslaughter. State v. Summer, 55 S. C. 34, 32 S. E. 771. 

ilanslaughter defined in Act of 1821 as the killing of a slave in sudden heat and passion, in- 
cludes killing by or under excessive correction. State v. Fleming, 2 Strob. 464. 

Killing bv negligent use of deadlv weapon is manslaughter. State v. Gilliam, 66 S. C. 423, 45 
S. E. 6; State v. Tucker, 86 S. C. 211, 68 S. E. 523; State v. Revels, 86 S. C. 213, 68 S. E. 523. 

Charge — 

Where defendant is convicted of manslaughter, error in charging as to murder is eliminated. 
State V Stuckev, 56 S. C. 576, 35 S. E. 263; State v. Robertson, 54 S. C. 147, 31 S. E. 868; 
State r Richardson, 47 S. C. 18, 24 S. E. 1028; State v. Owens, 79 S. 0. 125, 60 S. E. 305; State 
v. Henderson, 80 S. C. 165, 60 S. E. 314. 

Charge properlv defining manslaughter. State v. Lee, 79 S. C. 223, 60 S. E. 524; State v. 
Bowers, 65 S. 0.213, 43 S. E. 656, 95 Am. St. Rep. 795; State v. Hunter, 82 S. 0. 158, 63 S. E. 
685. 

■^Tiether the testimony indicates either murder or self-defense, and there is no testimony tending 
to show manslaughter, " it is not error to omit to charge the law as to manslaughter. State v. 
Adams, 68 S. C. 427, 47 S. E. 676. If the testimony tends to show murder defendant cannot 
complain- if jury finds him guilty of manslaughter. State v. Perry, 78 S. 0. 184, 59 S. E. 851; 
State r. Henderson, 80 S. 0. 165. 60 S. E. 314. 

If error to charge that defendants could not under certain circumstances be convicted of man- 
slaughter only, not material when verdict was for manslaughter. State v. Jenkins, 21 S. C. 596. 

All elements in manslaughter mav be proved bv circumstantial evidence. State v. Gillis, 73 S. 0. 
318, 53 S. E. 487, 114 Am. St. Rep. 95, 6 Am. & Eng. Ann. Cas. 993, 5 L. R. A., N. S., 571n. 

Where a verdict of manslaughter, on an indictment for murder, is set aside on the defendant's 
motion, he mav be retried for murder as well as for manslaughter. State v. Gillis, 73 S. 0. 318, 
53 S. E. 487, "ll4 Am. St. Rep. 95, 6 Am. & Eng. Ann. Oas. 993, 5 L. R. A., N. S., 571n. 

Evidence sufficient to support verdict for manslaughter. State v. Snber, 82 S. C. 159, 63 S. E. 
684. 

Sextexce — 

If error only in sentence, defendant is not entitled to new trial. State v. Aultman, 23 S. C. 601. 

Persons aiding and abetting in the commission of manslaughter are guilty of the crime. State i- 
Putman, 18 S. C. 177. 

Sentence post-ooned to allow application for pardon. State v. Faink, 1 Bay 168. 

Where the punishment is within the discretion of the trial Judge, as in cases of manslaughter, 
it is not error for him to hear, after conviction, affidavits in aggravation or mitigation of sentence. 
State V. Reeder, 79 S. 0. 139, 60 S. E. 434, 14 Am. & Eng. Ann. Oas. 968. 

(11) § 11. Administering or Attempting to Administer, Poison With 
Intent to Kill a Felony. — WlioeA^er shall unlawfully and maliciously ad- 
minister to, 01- attempt to administer to, or in any way aid or assist therein, 
or cause to be taken by any person, any poison or other destructive thing, 
with intent to kill such person, every such offender, and every person 
counselling, aiding or abetting such offender, shall be guilty of felony, and 
shall be punished by imprisonment in the Penitentiary not exceeding ten 
years nor less than two. 

Grim. Code, '12, § 149; Crim. Code, '02, § 121; G. S. 2466; R. S. 121; 1S59, XII, 
832; 1898, XXII, 812. 

This Section does not supersede the common law offense of assault and battery with intent to 
kill ; and when a person, with intent to kill, administers to a little chOd a drug which he believes 
to be poisonous and of sufficient quanity to destroy life, such common law offense is complete, even 
though the dose is insufficient for the purpose intended. State r. Glover, 2 7 S. C. 602, 4 S. E. 564. 

Quantity of poison immaterial. State v. Ready, 110 S. C. 177, 96 S. E. 287. 

(12) § 12. As to Means to Cause Miscarriage, Abortion or Premature 
Labor — Punishment. — Any person who shall administer to any woman 
with child, or prescribe for any such woman, or suggest to or advise or pro- 
cure her to take, any medicine, substance, drug or thing whatever, or who 
shall use or employ, or advise the use or employment of, any instrument or 
other means of force whatever, with intent thereby to cause or procure the 
miscarriage or abortion or premature labor of any such woman, unless the 
same shall have been necessary to preserve her life, or the life of such child, 
shall, in case the death of such child or of such woman results in whole or 
in part therefrom, be deemed guilty of a felony, and, upon conviction 
thereof, shall be punished by imprisonment in the Penitentiary^ for a term 
not more than twenty years nor less than five years. But no conviction 



OF SOUTH CAKOLINA - 11 

shall be had under the provisions of this Section upon the uncorroborated 
evidence of such woman, 

Crim. Code, '12, § 150 ; Crim. Code, '02, § 122 ; R. S. 122 ; 1883, XVIII, 547. 

Administering through innocent agents; sending by mail. State v. Morrow, 4,9 S. C. 221, 18 
S. E. 853. Sent from another State. lb. 

So much of the Act from which this Section was taken, as makes it an offense to advise the 
committing of an abortion, was held unconstitutional, as not being embraced in the title to that 
Act. State v. Fields, 68 S. C. 149, 46 S. E. 771. This objection to the Act has been removed by 
its re-enactment in the Code of Laws. 

(13) § 13. Punishment for Placing Obstructions on Railroads. — If 

any person or persons shall by himself or others place, or cause to be 
placed, on the track or other part of the passage way of any railroads on 
which steam engines or hand cars are used, any timber, stone, or other 
obstruction, with intent to injure or impede the passage of any cars or 
means of conveyance, or shall in any other manner obstruct any engine or 
car passing upon such railroad, or endangers the safety of persons con- 
veyed in or upon the same, or aids or assists therein, such person or persons 
shall be deemed guilty of felony, and, on being thereof convicted by due 
course of law, shall be punished by imprisonment in the Penitentiary for 
not exceeding thirty years, and fined in the discretion of the Court, except 
where the death of some human being results from such impediment, and in 
that case the offender shall be adjudged guilty of murder and shall suffer 
death : Provided, That nothing herein shall in any manner take away any 
right of action for damages for injuries to the person or property of any 
person or body corporate caused by any injury, obstruction, or damage 
done to any railroad or its buildings, tracks, or constructions. 

Crim. Code, '12, § 151 ; Crim. Code, '02, § 123 ; G. S. 1520 ; R. S. 123 ; 1882, XVII, 
109. 

(14) § 14. Obstructing Railroad, Without Death Ensuing. — Any per- 
son who shall wilfully and maliciously place, or cause to be placed, on the 
track or other part of the passage way of any railroads, on which steam 
engines or hand cars are used, any timber, stone, or obstruction, with intent 
to injure or impede the passage of any cars or means of conveyance, shall 
be deemed guilty of felony, and, on being convicted thereof, shall be pun- 
ished by imprisonment in the Penitentiary for not less than one nor more 
than thirty years, and fined in the discretion of the Court. 

Crim. Code, '12, § 152 ; Crim. Code, '02, § 124 ; G. S. 2467 ; R. S. 124. 

(15) § 15. Sending or Accepting Challenge to Fight. — Whoever shall 
challenge another to fight at sword, pistol, rapier, or any other deadly 
weapon, or who shall accept any such challenge, shall, for every such 
offense, on conviction thereof, be deprived of the right of suffrage, and be 
disabled from holding any office of honor or trust whatever in this State, 
and shall be imprisoned in the Penitentiary for a term not exceeding two 
years, at the discretion of the Court. 

Crim. Code, '12, § 153; Crim. Code, '02, § 125; G. S. 2468; R. S. 125; 1880, XVII, 
501. 

Indictment- — • 

Will lie in this State for challenge to fight a duel in Georgia. State v. Taylor, 3 Brev. 2 43; 
State V. Cunningham, 2 Speer 246. 

Or for a verbal challenge. State v. Strickland, 2 N. & McC. 181. 

Or against the principal who sends challenge or fights. State v. Strickland, 2 N. & McC. 181; 
Stste V. Dupont, 2 McC. 334. 

Or for any agreement to fight with loaded pistols and actually fighting. State v. Heriot, 1 McM. 
120. 



12 CRIMINAL LAWS 

Sektekce — , , 

The disability to hold office, imposed by the Section, does not constitute a part of the sentence. 
State V. bupont. 2 MeC. 334. 

(16) § 16. Carrying or Delivering Challenge. — Whoever shall will- 
ingly or knowiugiy carry or deliver any such challenge in writing, or ver- 
bally deliver any message intended as, or purporting to be, such challenge, 
or who shall be present at the fighting of any duel as a second or who shall 
aid or give countenance thereto, shall, for every such offense, on convic- 
tion thereof, be forever disabled from holding any office of honor or trust 
in this State, and shall be imprisoned in the Penitentiary for a term not 
exceeding two years, at the discretion of the Court, and shall be fined in 
a sum not less than five hundred dollars nor more than one thousand. 

Crim. Code, '12, § 154 ; Crim. Code, '02, § 126 ; G. S. 2469 ; R. S. 126 ; ISSO, XVII, 
502. 

(17) § 17. Misdemeanor to Point Pistol or Gun at Any Person. — ^It 

shall be unlawful for any person to present or point at any other person 
any loaded or unloaded firearm, and any one, on conviction therefor, shall 
be punished by fine or imprisonment, in the discretion of the Court : Pro- 
vided, That nothing contained herein shall be construed to abridge the 
right of self-defense or to apply to theatricals or like performances. 
Crim. Code, '12, § 162 ; 1910, XXVI, 694. 

(18) § 18. Unlawful to Discharge Firearms at or Into Dwellings, 

— Any person who, shall unlawfully discharge, or cause to be discharged, 
any firearms at or into any house or houses, occupied as a dwelling, shall 
be deemed guilty of a misdemeanor, and, upon conviction thereof, shall 
be liable to either fine or imprisonment at hard labor, or both fine and 
imprisonment, in the discretion of the Court. 
Crim. Code, '12, § 163 ; 1910, XXYI, 7S5. 

Municipal ordinance against firing guns in tcvra or citv limits construed and upheld in State 
V. Johnson, 76 S. C. 39, 56 S. E. 544, 11 Am. & Eng. Ann. Cas. 721. 

(19) § 19. Kidnapping Minor. — Any person who shall take or convey, 
or cause to be taken or conveyed, away, any minor, or person under the 
age of twenty-one years, from the possession of the parent or guardian, 
or procure and carry such minor without the limits of the State, without the 
consent of such parent or guardian, with the intent to secure a reward for 
the return of such minor, shall, upon conviction thereof, be imprisoned in 
the Penitentiary for the period of his or her natural life. 

Crim. Code, '12, § 165; Crim. Code, '02, § 134; G. S. 2475; R. S. 132; 1871, XIV, 
546; 1902, XXIII, 1096. 

(20) § 20. Misdemeanor for Husband to Fail to Support Wife and 
Children. — Any able-bodied man who shall, without just cause or excuse, 
abandon or fail to supply the actual necessaries of life to his wife or to his 
minor, unmarried child or children dependent upon him, shall be deemed 
guilty of a misdemeanor, and, upon conviction thereof, shall be imprisoned 
for a term not exceeding one year, or be liable to a fine not exceeding two 
hundred dollars: Provided, That if he, either before or after conviction, 
shall give bond, with one or more sureties, approved by the Clerk of the 
Court, in the sum of not less thaii $300, conditioned upon his supporting 



OF SOUTH CAROLINA , 13 

and maintaining Ms said wife or said minor unmarried child or children, 
he shall not be imprisoned or the fine imposed until the condition of said 
bond is broken. 

Crim. Code, '12, § 697; 1910, XXVI, 545. 

(21) § 21. lUtreating Children, Apprentices, Etc. — Whoever, being 
legally liable, either as parent, guardian, master, or mistress, to provide for 
any child or children, apprentice or servant, idiot or helpless person, neces- 
sary food, clothing or lodging, shall wilfully and without lawful excuse 
refuse or neglect to provide the same, or shall unlawfully and maliciously 
do, or cause to be done, any bodily harm to any such child or children, 
apprentice, servant, idiot, or helpless person, so that the life of such child or 
children, apprentice, servant, idiot, or helpless person shall be endangered, 
or the health or comfort of such child or children, apprentice, servant, 
idiot, or helpless person shall have been, or is likely to be, permanently 
injured, shall be deemed guilty of a misdemeanor, and, upon conviction 
thereof, shall be liable to a fine of not less than two hundred dollars nor 
more than one thousand dollars, or to be imprisoned for any term not ex- 
ceeding two years, with or without hard labor, one or both, at the discre- 
tion of the Court. 

Crim. Code, '12, § 166 ; Crim. Code, '02, § 135 ; G. S. 2476 ; R. S. 13.3 ; 1874, XV, 704. 

(22) § 22. Cruelty to Children — Punishment. — Whoever tortures, tor- 
ments, cruelly illtreats, or whoever deprives of necessary sustenance or 
shelter, or whoever inflicts unnecessary pain or suffering, upon any child, 
or whosoever causes the same to be done, whether such person be the parent 
or guardian of such child, or have charge or custody of the same, shall, 
for every such offense, be deemed guilty of a misdemeanor, and be pun- 
ished by imprisonment in jail not exceeding thirty (30) days, or by fine 
not exceeding one hundred ($100) dollars. 

Ch. X, IN Reference to Cruelty to Animals Made Applicable. — All 
the provisions of Chapter X in reference to the prevention of cruelty to 
animals shall be extended to the enforcement of this Section. 

Crim. Code, '12, § 167 ; Crim. Code, '02, § 136 ; 1892, XXI, 3. 

(23) § 23. Unskillful or Negligent Management of Steamboats, Etc. 

— If any person within this State shall suffer injury to life or limb by the 
explosion of any boiler of a steamboat, or by reason of the unskillfulness, 
mismanagement, or negligence of the persons having the charge or com- 
mand of the said boat, or her engine, or by reason of any defect in the 
said engine or boat, or by reason of the deficiency or want of any matter 
or thing necessary and proper for the management or seaworthiness of 
the said boat, the captain, master, or other person having the command or 
charge of such boat, shall, for every such injury, be deemed guilty of a 
misdemeanor, and, on conviction, shall be punished by fine or imprisonment, 
or both, at the discretion of the Court before which such conviction shall be 
had : Provided, however, That nothing contained in this Section shall be so 
construed as to prevent the defendant from showing, on the trial, that the 
injury arose from unavoidable accident, or without fault on his part, and 



14 CRIMINAL LAWS 

that this Section shall not in any manner be construed to restrict the liabil- 
ity of any person to be indicted, tried, and punished under any law existing. 
Crim. Code, '12, § 168; Crim. Code, '02, § 137; G. S. 2477; R. S. 135; 1837, VI, 571. 

(24) § 24. Wilful Neglect of Railroad Employees. — Any engineer or 
conductor of any railroad company in the State, who shall wilfully neglect 
to observe, or shall wilfully violate, any rule or regulation of the company 
to which such engineer or conductor may belong, whereby any person or 
persons shall sustain, or be in danger of sustaining, any bodily injury, such 
engineer or conductor shall be liable to be indicted for every such offense, 
and, upon conviction thereof, shall be fined two hundred dollars, and be 
imprisoned not exceeding one year, at the discretion of the Judge before 
whom such case may be tried: Provided, however, That nothing herein 
contained shall be so construed as to relieve such engineer or conductor 
from responsibility, in cases where the life of any person is destroyed, under 
the law as it now exists. 

Crim. Code, '12, § 169 ; Crim. Code, '02, § 138 ; G. S. 2478 ; R. S. 136 ; 1857 ; XII, 634. 

(25) § 25. Piuiishment for Certain Means or Advice to Woman to 
Cause Abortion, Etc. — Evidence. — Any person who shall administer to 
any woman with child, or prescribe or procure or provide for any such 
woman, or advise or procure any such woman to take any medicine, drug, 
substance or thing whatever, or shall use or employ or advise the use or em- 
ployment of, any instrument or other means of force whatever, with intent 
thereby to cause or produce the miscarriage or abortion or premature labor 
of any such woman, shall, upon conviction thereof, be punished by imprison- 
ment in the Penitentiary for a term not more than five years, or by fine 
not more than five thousand dollars, or by such fine and imprisonment both, 
at the discretion of the Court, but no conviction shall be had under the 
provisions of this Section upon the uncorroborated evidence of such woman. 

Crim. Code, '12, § 170 ; Crim. Code, '02, § 139 ; 1882, XVIII, 547 ; R. S. 137. 
State V. Fields, 68 S. C. 149, 46 S. E. 771. 

(26) § 26. Punishment as to Use of Certain Means by Women to Com- 
mit Abortion. — Any woman with child who shall apply to or solicit from 
any physician, druggist or other person whomsoever, any medicine, dru^, 
substance or thing whatever, or shall take or administer the same, or shall 
submit to or perform upon herself any operation of any sort or character 
whatever, with intent thereby to cause or produce a miscarriage or abor- 
tion or premature labor, unless the same shall have been necessary to 
preserve her life or the life of such child, shall be deemed guilty of a 
misdemeanor, and, upon conviction thereof, shall be punished by imprison- 
ment in the county jail or State Penitentiary for a term not more than 
two years, or by fine not exceeding one thousand dollars, or by such fine 
and imprisonment both, at the discretion of the Court. 

Crim. Code, '12, § 171; Crim. Code, '02, § 140; R. S. 13S; 1882, XVIII, 547. 

(27) § 27. Penalty Upon Officer From Whom Prisoner is Taken. — In 

the case of any prisoner lawfully in the charge, custody or control of any 
officer. State, County or Municipal, being seized and taken from said officer 
through his negligence, permission or connivance, by a mob or other 



OF SOUTH CAROLINA 15 

unlawful assemblage of persons, and at their hands suffering bodily 
violence or death, the said officer shall be deemed guilty of a misdemeanor, 
and, upon true bill found, shall be deposed from his office pending his 
trial, and upon conviction shall forfeit his office, and shall, unless par- 
doned by the Governor, be ineligible to hold any office of trust or profit 
within this State. It shall be the duty of the prosecuting attorney within 
whose Circuit or county the offense may be committed to forthwith in- 
stitute a prosecution against said officer, who shall be tried in such county 
in the same Circuit, other than the one in which the offense was com- 
mitted, as the Attorney General may elect. The fees and mileage of all 
material witnesses, both for the State and the defense, shall be paid by the 
County Treasurer of the county in which the case originated, on a certifi- 
cate issued by the Clerk and signed by the presiding Judge, showing the 
amount of said fee due the witness. 
Crim. Code, '12, § 173 ; Crim. Code, '02, § 142 ; 1896, XXII, 213 ; 1908, XXV, 1019. 

(28) § 28. Disturbing Schools Attended by Girls, or Women.— It 

shall be unlawful for any person wilfully or unnecessarily to interfere with 
or to disturb in any way or in any place the students or teachers of any 
school or college in this State attended by women or girls, or to loiter about 
such school or college premises, or to act in an obnoxious manner thereon, 
or for any person to enter upon any such school or college premises, or 
loiter around the premises, except on business, without the permission of 
the principal or president in charge. 

Any person violating any of the provisions of this Section shall be guilty 
of a misdemeanor, and, on conviction thereof, shall pay a fine of not less 
than ten dollars nor more than one hundred dollars, or be imprisoned in 
the county jail for not less than ten days nor more than thirty days. 

1919, XXXI, 239. 



CHAPTER II. 

Offenses Against Property. 

(29) Section 1. Arson. — The wilful and malicious setting fire to or 
burning any house, of whatever name or kind, within the curtilage or com- 
mon inclosure of any house or room wherein persons habitually sleep, 
whereby any such dwelling house or sleeping apartment shall be endan- 
gered; also, the wilful and malicious setting fire to or burning any court 
house or other public building, whether owned by the State or a corpora- 
tion, or a building owned by an individual or individuals, and kept or let 
for public meetings or exhibitions, barn, stable, coach house, gin house, 
storehouse, warehouse, grist or saw mill, railroad depot, coach or cotton 
factory; or other house used for manufacturing purposes, of whatever 
name or kind, or setting fire to or burning any house habitually used for 
public religious worship, shall be deemed arson, whether the setting fire 
to or burning be in the day or nighttime; and the person setting fire to 
or burning any such house as aforesaid, and the aiders, abettors, and acces- 
sories before the fact, shall, upon conviction, suffer death in the same 
form and manner as is now provided by law for wilful murder : Provided, 



16 CRIMINAL LAWS 

however, That in each case where the prisoner is found guilty, the jury 
may find a special verdict, recommending him to the mercy of the Court, 
whereupon the punishment shall be reduced to a term of imprisonment 
in the county jail or at hard labor in the penitentiary or on the public 
highways in the discretion of the Court. 

Crim. Code, '12, § 174 ; Crim. Code, '02, § 143 ; G. S. 2480 ; R. S. 140 ; 1869, XIV, 
175; 1878, XVI, 631; 1883, XVIII, 290; 1912, XXVII, 702; 1915, XXIX, 193. 

Soliciting another to commit arson, and bribing him and preparing him to do it, is an indict- 
able offense. State v. Bowers, 35 S. C. 262, 14 S. E. 488. 

Acquittal under charge of arson is not a good plea to indictment for statutory offense of burning 
an untenanted house. State v. Jenkins, 20 S. C. 352. 

It is not arson to burn one's own house. State v. Sarvis, 45 S. C. 688, 24 S. E. 53. 

Arson is an offence against the possession rather than the property. State v. Copeland, 46 S. 
C. 13, 23 S. E. 980; State v. Perry, 74 S. C. 554, 54 S. E. 764. 

The house may be alleged as the property of either the owner or the occupant. State v. Carter, 
49 S. C. 265, 27 S. E. 106. 

It is not arson to burn a corn crib, not within the curtilage of the dwelling. State v. Jeter, 47 
S. C. 2, 24 S. E. 889. 

Indictment — 

Not fatally defective because it omits to state the Courthouse or other place where crime was 
committed, when it names the County. State v. Moore, 24 S. C. 150. 

It is good practice to .allege that the crime was committed at Courthouse. State v'. Colclough, 31 
S. C. 156, 9 S. E. 811. 

It need not allege location of stable or gin house burned, nor charge that it was within the 
curtilage. State v. Gwinn, 24 S. C. 146; State v. Moore, 24 S. C. 150. 

Defendant waived his right to copy of, three days before trial, when he had received it two days 
before, and went to trial without objection. State v. Colclough, 31 S. C. 156, 9 S. E. 811. 

The objection as to variance between allegation and proof as to ownership should be made on 
Circuit. State v. Gadsden, 70 S. C. 430, 50 S. E. 16. 

An indictment at common law for attempting to burn a storehouse within the curtilage, is a 
bar to a subsequent indictment under the Statute for burning the same storehouse. State v. Swit- 
zer, 65 S. C. 187, 43 S. E. 513. 

Evidence — 

Of i)ecuniary condition, is irrelevant and incompetent. State v, Moore, 24 S. C. 150. 

Where one is on trial as accessory before the fact ; conversations at and after fire inadmissible. 
State V. Dukes, 40 S. C. 481, 19 S. E. 134. 

Confession of coconspirator. State v. Green, 40 S. C. 328, 18 S. E. 933. 

Confessions must be shown to have been voluntary and free from inducement. State v. Moorman, 
27 S. C. 22, 2 S. E. 621. 

Charge. State v. Rhodes, 44 S. C. 325, 22 S. E. 306. 

(30) § 2. Felony to Burn Any Building Which is Insured. — Any per- 
son who shall wilfully or wantonly set fire to or burn, or attempt to burn, 
any building or structure, which is insured, whether such person be the 
owner thereof or not, or any person, present or absent, who shall aid, 
assist, procure, or counsel therein, and who shall thereafter make claim 
or demand for the insurance thereon, shall be guilty of a felony, and, upon 
conviction thereof, shall be punished by imprisonment, in the discretion of 
the Court. 

The provisions of this Section shall in no way affect the law against 
arson. 

Crim. Code, '12, § 175; 1909, XXVI, 18. 

(31) § 3. Certain Burnings Declared a Felony. — Any person who 
shall wilfully or wantonly set fire to or burn, or attempt to burn, any 
building or structure or any personal property in which such person has an 
interest as mortgagee, insurer or otherwise, whether such person be the 
owner thereof or not, or any person, present or absent, who shall aid, assist, 
procure or council therein, and who shall thereafter make claim or demand 
for the insurance therein, shall be guilty of a felony, and, upon convic- 
tion thereof, shall be punished by imprisonment in the discretion of the 
Court. 

Crim. Code, '12, § 176; 1911, XXVII, 140. 

Challenges — 

Defendant only entitled to five peremptory. State v. Workman, 15 S. C. 540. 



OF SOUTH CAEOLINA 17 

Defense — 

Not, upon trial for burning an untenanted house, that prisoner had been acquitted on trial for 
arson for same burning. State v. Jenkins, 20 S. C. 351. 

Plea of autre fois acquit was properly overruled upon trial on a second indictment, when the 
first had been quashed, because it charged the offense to have been committed at a future day. State 
V. Jenkins, 20 S. C. 351. 

Evidence — 

Whether a confession was free and voluntary depends upon circumstances, and is a question for 
the Circuit Judge in his discretion to decide. State v. Workman, 15 S. C. 540. 

Confession of one not testimony against his codefendant; but it was not error to allow it in full, 
without suppression of name of codefendant, the jury having been instructed that it was testimony 
only against the party who made it. State v. Workman, 15 S. 0. 540. 

Two men being tried jointly for same crime, wife of one not a competent witness for her husband, 
nor, as to any common ground of defense, for the other. State v. Workman, 15 S. C. 540. 

New Teial — - 

Motion for, on ground of after-discovered evidence, properly refused, where the affidavits did 
not show that it could not, by due diligence, have been discovered before trial. State v. Workman, 
15 S. C. 540. 

Indictment not sufScient under this Section. State v. Jeter, 47 S. C. 2, 24 S. E. 889. 

(32) § 4. Burglary — Punishment For. — Any person who shall com- 
mit the crime of burglary at common law shall, upon conviction, be im- 
prisoned in the State Penitentiary, with hard labor, during the whole life- 
time of the prisoner : Provided, however, That in each case where the 
prisoner is found guilty, the jury may find a special verdict, recommending 
him to the mercy of the Court, whereupon the punishment shall be reduced 
to imprisonment in the Penitentiary, with hard labor for a term of not 
less than five years. 

Crim. Code, '12, § 177 ; Crim. Code, '02, § 144 ; G. S. 2481 ; R. S; 141 ; 1S83, XVIII, 
290. 

Burglary defined. State v. Ginns, 1 N. & McC. 583; State v. Sampson, 12 S. C. 567; State v. 
Clary, 24 S. C. 116. 

Cannot be committed in millhouse, which was not a parcel of dwelling house and separated by 
public road. State v. Sampson, 12 S. C. 567. 

Nor in a house, in which no one slept, near, but not appurtenant to, the dwelling house, used for 
storage. State v. Anderson, 24 S. C. 109. 

Breaking into a dwelling house with intent to steal an article of less value than $20, is burglary. 
State V. Clary, 24 S. C. 116. 

Neither the Act of 1866, enlarging the limits within which burglary may be committed, nor 
the Act of 1878, increasing its punishment, repealed burglary at common law. State v, Branham, 
13 S. C. 389. 

Where party breaks out of dwelling house at night, having committed a felony, no matter how 
he entered, it is burglary. _ State v. Bee, 29 S. C. 81, 6 S. E. 911. 

Evidence that outhouse is separated by public road from the dwelling does not show it could 
not be appurtenant to the dwelling. State v. Johnson, 45 S. C. 483, 23 S. E. 619. 

Where a servant having a right to sleep in his master's dwelling goes in, not with intent to 
lodge, but with intent to steal, by opening the door or raising the sash, and actually steals and 
carries away his master's goods, he commits a burglary. State v. Howard, 64 S. C. 344, 42 S. E. 
174. 

Indictment — 

May join count for burglary with a count for receiving stolen goods. State v. Strickland, 10 
S. C. 192. 

Misnomer not fatal, unless objected to. State v. Branham, 13 S. C. 389. 

Precise day or year need not be alleged, provided day named is anterior to bill. State v. Bran- 
ham, 13 S. C. 389; State v. Dawkins, 32 S. 0. 17, 10 S. E. 772; State v. Howard, 32 S. 0. 91, 10 
S. E. 831. _ 

Ownership of house properly laid in wife, who had a separate estate when she leased it, and 
goods were hers. State v. Trapp, 17 S. C. 470. 

It must allege that offense was committed in night-time. State v. Dawkins, 32 S. C. 17, 10 
S. E._772. 

It is not necessary to specify the particular chattels defendant intended to steal. State v. Lang- 
ford. 55 S. C. 322, 33 S. E. 370. 

WTiere two are indicted for burglary, if one be convicted only of larceny, the other cannot be 
convicted of burglary. State v. Davis, 3 McO. 187. 

Allegation that outhouse was within the curtilage, how to be made. State v. Evans, 18 S. C. 137. 

Evidence — 

Confession may be proved, though manner of officer was rude. State v. Branham, 13 S. 0. 389. 

Evidence as to discovery of goods, etc., in consequence of information obtained by duress from 
defendant. State v. Middleton, 69 S. 0. 72, 48 S. E. 35. 

The false denial of a party charged of an important fact, made voluntarily at preliminary hearing, 
may be proved by parol. State v. Howard, 32 S. C. 91, 10 S. E. 831. 

Prosecutor may testify that house was his. State v. Brown, 33 S. C. 151, 11 S. E. 641. 

Proof of acquittal of burglary in house of one no bar to conviction of burglary in house of 
another. State v. Brown, 33 S. C. 151, 11 S. E. 641. 

Whether circumstances shown are sufficient to corroborate the testimony of an accomplice, must 
be left wholly to the jury. State v. Robinson, 35 S. C. 340, 14 S. E. 766. 

Tracks as evidence of defendant's guilt. State v. Wilkes, 82 S. C. 163, 63 S. E. 688; State v. 
Burris, 85 S. C. 328, 67 S. E. 306. 

Possession of skeleton keys as evidence. State v. Clark, 85 S. C. 273, 67 S. E. 300. 

As to corporate existence of owner of goods or dwelling. State v. Sowell, 85 S. C. 278, 67 S. E. 
316. 

3 C L 



18 CRIMINAL LAWS 

Ohabge — 

No error to decline to give legal definition of burglary when correct principles of law applicable 
had already been stated. State v. Dawkins, 32 S. C. 17 10 S. E. 772. 

Judge cannot charge as to weight to be given testimony of an accomplice. State v. Clark, 85 
S. C. 273, 67 S. E. 300; State v. Sowell, 85 S. C. 278, 67 S. E. 316. 

There being one count for burglary and another for larceny, upon conviction of burglary, error 
in charge as to larceny immaterial, and no ground for new trial. State v. Dawkins, supra. 

To effect that prisoner was a thief and was guilty, violates Article 4, § 26, of the Constitution 
of 1868. State v. Brown, 33 S. C. 151, 11 S. E. 641. 

Verdict — 

General verdict on indictment with three counts, one for burglary, one for another burglary, and 
the third for petit larceny, is good. State v. Nelson, 14 Rich. 169. 

Jurv having published their verdict cannot afterwards reassemble and render a second verdict 
with recommendation to mercy. State v. Dawkins, 32 S. C. 17, 10 S. E. 772. 

New Trial — 

Must be granted if sentence was based upon second verdict, after first had been rendered. State 
r. Dawkins, 32 S. C. 17, 10 S. E. 772. 

When entire failure of proof as to the breaking, the only remedy is by motion for. State v. Daw- 
kins. 32 S. C. 17, 10 S. E. 772. 

Plea for former acquittal not sustained, where defendant was by order of Court acquitted on first 
count, and convicted bv .iurv on second, and the judgment set aside and new trial ordered on 
application by defendant. State v. Hamilton, 80 S. C. 442, 61 S. E. 965, 128 Am. St. Rep. 881. 

General verdict of guilty on indictment for burglary and larceny. State v, Hendrix, 86 S. C. 
64, 68 S. E. 129. 

(33) § 5. Housebreakiiig Which is Not Burglary — Felony — Punish- 
ment. — Every person who shall break and enter, or who shall break with 
intent to enter, in the daytime, any dwelling house or other house, or 
who shall break and enter, or shall break with intent to enter, in the night- 
time, any house, the breaking and entering of which would not constitute 
burglary, with intent to commit a felony or other crime of a lesser grade, 
shall be held guilty of a felony, and punishable at the discretion of the 
Court by imprisonment in the county jail or Penitentiary for a term not 
exceeding one year. 

Crim. Code, '12, § 178; Crim. Code, '02, § 145; G. S. 2482; R. S. 142: XVII, 60; 
1887, XIX, 792. 

This Section creates two distinct offenses ; both felonies, but committed at different times, and 
where both are charged in the same indictment, the Solicitor may be required to elect upon which 
count he will go to trial. State v. Bouknight, 55 S. C. 354, 33 S. E. 451; State v. Sowell, 85 S. C. 
283, 67 S. E. 316. As to form of indictment for breaking and entering in the nighttime. State v. 
Bouknight, supra. Allegation as to character of house. lb. 

The mere breaking and entering a house is not a crime; there must be an intent to commit a 
crime. State v. Clark, 85 S. C. 273, 67 S. E. 300; State v. Cokley, 83 S. C. 197, 65 S. E. 174. 

An amendment of indictment as to time of breaking not allowed. State v. Sowell, 85 S. C. 283, 
67 S. E. 316. 

Evidence — 

Jjetters purporting to be written by defendant. State v. Head, 38 S. C. 258, 16 S. E. 892,- 
State V. Weldon, 39 S. C. 318, 17 S. E. 688. Prior offenses. lb. Competency of deaf mute. lb. 

Of accomplice. State v. Clark, 85 S. C. 273, 67 S. E. 300; State v. Sowell, 85 S. C. 278, 67 
S. E. 316. 

A defendant, after plea of guilty, may be used as witness against a codefendant. State v. Boyles, 
80 S. C. 352, 60 S. E. 233. 

State V. Ross, 83 S. C. 434, 65 S. E. 443. 

(34) § 6. Dwelling House Defined in Case of Burglary and Arson. — 

With respect to the crimes of burglary and arson, and to all criminal of- 
fenses which are constituted or aggravated by being committed in a dwell- 
ing house, any house, outhouse, apartment, building, erection, shed, or 
box, in which there sleeps a proprietor, tenant, watchman, clerk, laborer, 
or person who lodges there with a view to the protection of property, shall 
be deemed a dwelling house ; and of such a dwelling house, or of any other 
dwelling house, all houses, outhouses, buildings, sheds, and erections which 
are within two hundred yards of it, and are appurtenant to it, or to the 
same establishment of which it is an appurtenance, shall be deemed par- 
cels. 

Crim. Code, '12, § 179 ; Crim. Code, '02, § 146; G. S. 2483 ; R. S. 143 ; 1S66, XIII, 405. 

Indictment — 

Should have alleged that the house in which burglary was committed was within two hundred 
yards of the dwelling house and appurtenant thereto. State r. Evans, 18 S. C. 139; State v. 



OF SOUTH CAROLINA 19 

Langford, 55 S. C. 322, 33 S. E. 370. So as to arson. State v. Jeter, 47 S. C. 2, 24 S. E. 889. 

JjVTDBNCK 

Whether circumstances coroborate testimony of accomplice is a question for jury ; Judge cannot 
so charge. State v. Robinson, 35 S. C. 340, 14 S. E. 766. 

Chaege — 

No error to refuse to charge a request that has no application, nor to neglect to charge, as 
requested, in the language of Supreme Court, when Judge has already charged the law correctly. 
State V. Robinson, 35 S. C. 340, 14 S. E. 766. 

Appeal — •' 

Held on, that improper conviction under the Section could not be referred to the charge in 
the indictment of the higher offense of burglary at common law. State_ v. Evans, 18 S. C. 139. 

Neither alleged error of fact by Judge in refusing motion for new trial, nor testimony received 
without objection, can be considered by Supreme Court. State v. Robinson, 35 S. C. 340, 14 S. E. 
766. 

Construed not to be arson. State v. Pope, 9 S. C. 273. 

TEIAIi — • 

Prisoner onlv entitled to five peremptorv challenges. State v. Pope, 9 S. C. 273. 
As to original Act. State v. Bosse. 8 Rich. 276; State v. DeBruhl, 10 Rich. 23. 

(35) § 7. Felony to Enter Bank With Intent to Steal.— Whoever 
shall break and enter, or enter without breaking, any building or part of 
a building occupied as a bank, with intent to steal any money or securities 
for money or other thing of value, either by force, intimidation, threats, 
stealth or otherwise, shall be deemed guilty of a felony, and upon con- 
viction thereof, shall be punished by imprisonment in the Penitentiary at 
hard labor for not less than ten years. 

Crim. Code, '12, § ISO; 1908, XXY, 1112. 

(36) § 8. Stealing of Bonds, Etc. — The stealing, or taking by rob- 
bery, of any bond, warrant, bill, or promissory note, for the payment, or 
securing the payment of any money, being the property of any other 
person, or of any corporation, notwithstanding any of the said particulars 
are termed in law a chose in action, shall be deemed and construed to be 
a felony if of or above the value of twenty dollars, and a misdemeanor if 
below the value of twenty dollars; and such offender shall suffer such 
punishment as if he had stolen other goods of the like value with the moneys 
due on such bond, warrant, bill, or note, respectively, or secured thereby 
and remaining unsatisfied. 

Crim. Code, '12, § ISl; Crim. Code, '02, § 147; G. S. 2486; R. S. 144; 1737, III, 470. 

The taking need not be by robbery. State v. Cassados, 2 N. & McC. 91. Bank bills included 
in Statute. lb. 

]>istinction between bank bills and notes defined. State r. Wilson, 3 Brev. 243. 

At common law choses in action were not the subject of larceny; made so by Act of 1737. 
State V. Tillory, 1 N. & McC. 9. 

Indictment — 

Sufficient, if it describe the bills as of a certain bank named; general description only required. 
State V. Wilson, 3 Brev. 243; State v. Smart, 4 Rich. 356; State v. Evans, 15 Rich. 31. 

Evidence — 

Some necessary, that the bills were of value and genuine; but not such as would be necessary 
to recover the money due thereon, in proper action. State i'. Tillery, 1 N. &. McC. 9; State r. 
Smart, 4 Rich. 356. 

But it is not necessary to prove a minute description of the bills or to show that the banks 
were incorporated. State v. Smart, 4 Rich. 356. 

If to show that bills were taken from another source than that alleged in indictment, the vari- 
ance is fatal. State v. Waters, 3 Brev. 507. 

Charge — 

Not error to charge that if jury believed the money was taken by surprise and defendant con- 
verted it to his own use, it was larceny. State v. Watson, 7 S. C. 63 ; lb., 7 S. C. 67. ' 

Verdict — 

"Guilty of larceny only," sufficient. State v. Smart, 4 Rich. 356. 

New Triai. — ■ 

Granted when evidence was suspicious. State v. Smart, 4 Rich. 356. 

(37) § 9. Stealing Boats, Etc.— In Trespass Offenders Shall Pay- 
Damages — Proviso. — Whoever shall steal, take away, or let loose any 
boat, periauger or canoe, or steal or take away any grappling, painter, 
rope, sail or oar from any landing or place whatsoever where the owners 
or persons in whose service or employ they were last had made fast or 
laid the same (except all boats or canoes as are let loose from another boat. 



20 CRIMINAL LAWS 

canoe or vessel), shall be liable to sucb fine or fines as the Court of Sessions 
shall impose in its discretion if the matter of fact be felony or larceny, and 
make good to the person or persons injured all damage they shall sustain; 
and in case the matter of fact be a trespass only, the person or persons 
conunitting such ofilense shall make good to the person injured all dam- 
ages that may accrue thereby, and, moreover, forfeit and pay, for every 
time he or they shall be found guilty thereof, the sum of twenty dollars, 
one moiety thereof to be paid to the State Treasurer for the public use, the 
other moiety to him or them that will sue and prosecute for the same in any 
Court of competent jurisdiction in this State, beside his charges therein 
expended: Provided, That when the boat, periauger, canoe, grappling, 
painter, rope, sail or oar, or anj^' or all of them so taken away, stolen or let 
loose, shall be of the value of twenty dollars or less, the offender, upon 
conviction before a Magistrate, shall be subject to a fine not to exceed one 
hundred dollars or imprisonment not exceeding thirty days, in lieu of the 
penalties prescribed in the foregoing Section. 

Crim. Code, '12, § 182; Crim. Code, '02, § 14S; G. S. 24SS; R. S. 145; 1695, II, 
105; 1897, XXII, 422. 

Prior to the addition of the proYision in 1897, Magistrates had no jurisdiction of this offense. 
State V. Weeks, 14 S. C. 400. 

(38) § 10. Stealing Live Stock.— Any person found guilty of the 
larceny of any horse, mule, cow, hog, or any other live stock, shall suffer 
imprisonment in the State Penitentiary at hard labor for a period of not 
less than one year nor more than ten years, and such fine as the Court, in 
its discretion, may see fit to impose. 

Crim. Code, '12, § 183 ; Crim. Code, '02, § 149 ; G. S. 2489 ; R. S. 146 ; 1878, XVI, 
632. 

Larceny defined. State v. Garvin, 48 S. C. 258, 26 S. E. 570. 

Construed — 

As repealing all former Acts on the subject. State v. Corler, 13 S. C. 1. It gives jurisdiction 
to Court of General Sessions for stealing cow below the value of $20. lb. And provides punish- 
ment without regard to value. State v. Moore, 30 S. C. 69, 8 S. E. 437. 

The Act of 1893, 21 Statutes, 411, attempting to reduce the punishment where the property did 
not exceed a certain value, was held unconstitutional in State v, Crosby, 51 S. C. 248, 28 S. E. 529. 

IXDICTMEXT 

For stealing a r.olt cannot be sustained, it seems, as colt is not the term used in the Section. State 
V. Major, 14 Rich. 76. The word "mare" is included in the term "horse." State v. Dunnovant, 
3 Brev. 9. 

Property may be laid in one who has merely the lawful possession. State v. Addington, 1 Bail. 
310. 

Mortgagor of personal property in possession after condition broken has such ownership as will 
sustain indictment alleging ownership in him. State v. Stokes, 84 S. C. 579, 66 S. E. 993. Prop- 
erty alleged in agent for another. State v. Philips, 73 S. C. 236, 53 S. E. 370. 

Where horse is stolen in one County and carried into and sold in another, the indictment may 
be in the latter County. State v. Bryant, 9 Rich. 113. 

An indictment cannot be quashed because the prosecution is barred bv lapse of time. State r. 
Howard, 15 Rich. 274. 

Indictment sufficient under Act of 1789. State v. Hamlin, 4 S. C. 1. 

Aeeaigxsiext — 

Is not necessary. State v. Moore, 30 S. C. 69, 8 S. E. 437. 

Where the value of the stock stolen is under twenty dollars, the State is only entitled to two 
peremptory challenges. State v. Anderson, 59 S. C. 229, 37 S. E. 820. 

Evidence — 

Not necessary to prove the time as laid in the indictment. State v. Porter, 10 Rich. 145. Any 
time prior to finding of indictment is sufficient. State v. Anderson, 59 S. C. 229, 37 S. E. 820; 
State V. Reynolds, 48 S. C. 384, 26 S. E. 679. 

Possession of stolen propertv. State r. Hamilton, 77 S. C. 383, 57 S. E. 1098. 

Tracks. State v. Wideman, 68 S. C. 120, 46 S. E. 769; State v. Langford, 74 S. C. 460, 55 
S. E. 120; State v. Wilkes, 82 S. C. 163, 63' S. E. 688. 

Offer by defendant to pay for goods. State v. Wideman, 68 S. C. 120, 46 S. E. 769. 

Circumstantial evidence. State v, Wideman, 68 S. C. 120, 46 S. E. 769; State v. Langford, 74 
S. C. 460, 55 S. E. 120. 

Voluntary confession of prisoner in jail to prosecutor in presence of jailer admissible. State 
V. Cook, 15 Rich. 29. 

The proof must sustain the allegation of ownership. State v. Thomas, 14 Rich. 163. 

Proof of separate ownership in each of those alleged to be joint owners of several articles will 
not sustain indictment charging joint ownership of property stolen. State v. Hamilton, 77 S. C. 
383, 57 S. E. 1098. 



OF SOUTH CAROLINA - 21 

Charge — 

Illustrative of difference between stealing a horse, and riding one off Tvithout knowledge or con- 
sent of owner. State v. Sanders, 56 S. C. 415, 35 S. E. 133. 

As to reason for special Act. State v. Philips, 73 S. C. 236, 53 S. E. 370. 

As to circumstantial evidence. State v. Jackson, 68 S. C. 54, 46 S. E. 538; State v. Langford, 
74 S. C. 460, 55 S. E. 120. 

Burden of proof as to alibi is on the defendant. State v. Anderson, 59 S. C. 229, 37 S. E. 820. 

Chasing and shooting hog, without removing it after it is shot, not larceny. State v. Seagler, 
1 Rich. 30. Proof of ownership. State v. Washington, 15 Rich. 39; State v. London. 8 S. C. 
230; State v. Pitts. 12 S. C. 180; State v. Evans, 23 S. C. 209; State v. Garvin, 48 S. C. 258, 26 
S. E. 570. 

Rebuttal of presumption arising from possession of recently stolen goods. State •;;. Garvin, 48 
S. C. 258, 26 S. E. 570; State v. Wallace, 44 S. C. 357, 22 S. E. 411. 

New Trial — 

Refused; testimony tending to support charge. State v. Porter, 80 S. C. 450, 61 S. E. 1087. 

Sextexce — 

Without notification to counsel is not error of law. State r. Moore, 30 S. C. 69, 8 S. E. 487. 

(39) § 11. Larceny of Bicycles. — The larceny of any bicycle shall be 
punishable at the discretion of the Court. 

Crim. Code, '12, § 1S4 ; Crim. Code, '02, § 150; 1901, XXIII, 749; 1919, XXXI, 215. 

(40) § 12. Stealing Beddings, Etc., From Lodgings. — Whoever shall 
take away, with intent to steal, embezzle, or purloin, any chattel, bedding, 
or furniture, which by contract or agreement he is to use, or shall be let 
to him to use, in or with lodging, such taking, embezzling, or purloining, 
shall be, to all intents and purposes, taken, reputed and adjudged to be 
larceny and felony, and the offender shall suffer as in case of felony. 

Crim. Code, '12, § 185 ; Crim. Code, '02, § 151 ; G. S. 2490 ; R. S. 147 ; 3 and 4 W. & 
M., c. 9 ; 1712, II, 532. 

(41) § 13. Privily Stealing From Person or House. — The offense of 
privily stealing from the person or of privily entering and stealing from 
any house, in the nighttime or daytime, shall in all cases be deemed and 
adjudged grand larceny, and subject to the same punishment. 

Crim. Code, '12, § 186; Crim. Code, '02, § 152; G. S. 2491; R. S. 148; 8 Eliz. 2. 
c. 4; 1712, II, 496; 1858, XII, 706; 1902, XXIII, 1094. 

EVIDEXCE 

State not bound to prove that no force was used. State v. Chavis, 34 S. C. 132, 13 S. E. 317. 

State V. Major, 70 S. C. 387, 50 S. E. 13. 

Evidence held sufflcient to support a verdict. State v. Givens, 87 S. C. 525, 526, 70 S. E. 162. 

Charge — 

No error to further charge that the State need not show that the property was not taken by force, 
when Judge had already charged that it must have been secretlv and privately taken from the 
person. State v. Chavis, 34 S. C. 132, 13 S. C. 317. 

IXDICT.MEXT 

Indictment must charge all elements necessary to constitute the statutory crime. State v. Banks, 
84 S. C. 545, 66 S. E. 999. 

Each count should contain all allegations necessary to make out an offense. The second count 
in the indictment here so construed charges petit larceny only. Upon conviction on this count alone, 
it was error to sentence for compound larceny. State v. Banks, 84 S. C. 543, 66 S. E. 999. 

(42) § 14. Restitution of Stolen Goods. — Any felon who shall rob, 
or take away, any money, goods or chattels, from any person, from their 
person or otherwise, and be found guilty thereof, the party so robbed, or 
owner, shall be restored to his said money, goods, and chattels; and the 
Judge, before whom any such felon shall be found guilty, shall award, 
from time to time, writs of restitution for said money, goods and chattels. 

Crim. Code, '12, § 187 ; Crim. Code, '02, § 153 ; G. S. 2492 ; R. S. 149 ; 21 H. 8, c. 11 ; 
1712, II, 458. 

(43) § 15. Breach of Trust Witli Fraudulent Intent. — Any person 
committing a breach of trust with a fraudulent intention shall be held 
guilty of larceny; and so shall any person who shall hire or counsel any 
other person to commit a breach of trust with a fraudulent intention. 

Crim. Code, '12, § 188; Crim. Code, '02, § 154; G. S. 2493; R. S. 150; 1866, XIII, 
406. 



22 CRIMINAL LAWS 

CONSTEUED 

As appb'ing not only to cases -which the common law did not reach, but also to cases where a 
fraudulent appropriation did constitute larceny at common law. State v. Shirer, 20 S. C. 392. 
Merely extends the crime of larceny at common law. State v. Butler, 21 S. C. 353. 

Whfre an agent receives and retains money which he knows belongs to his principal, with intent 
to defraud his principal, he is guilty. State v. Ezzard, 40 S. C. 313, 18 S. E. 1025. 

Indictment — 

Sufficient, if offense be so described that the defendant may know how to answer it, the Court 
what judgement to pronounce, and that a conviction or acquittal on it may be pleaded in bar to 
another indictment for same offense. State r. Shirer, 20 S. C. 392; State v. Butler, 21 S. C. 353. 

Ownership of property must be alleged with the same accuracv and after same rule as in com- 
mon law larceny. State r. Shirer, 20 S. C. 392. 

Sufficient, if it describe the money taken, in an amount of dollars of "lawful currency of the 
United States, of denomination and issue unknown," although the kind of currency is not 
charged. Ih. 

Trial upon an indictment for breach of trust on a certain day in one amount is former Jeopardy 
to same defendant on trial under second indictment alleging breach of trust as to funds of same 
person in a different amount on another day; it not appearing that different funds were referred 
to. State V. Dewees, 76 S. C. 72, 76, 56 S. E. 674, 11 Am. & Eng. Ann. Cas. 991. 

The motion to quash is not of right, but is addressed to the discretion of the Court, and gen- 
erally his decision is not appealable. State v. Shirer, 20 S. C. 392. 

Defense — 

Not good, by way of plea of former acquittal, where, after mistrial, the first indictment was 
marked nolle proseqvA, and a new bill found. State v. Shirer, 20 S. C. 392. 

Evidence — • 

Where it shows the trust to consist in that which is different from that alleged in the indictment, 
it is fatal. State v. Green, 5 S. C. 66. 

It is not necessarv to prove either the precise time, or the precise amount laid in the indictment. 
State V. Dewees, 76" S. C. 72. 76, 56 S. E. 674. 11 Am. & Eng. Ann. Cas. 991. 

Charge — 

Error in refusing to charge that there must be fraudulent intent, and that the mere fact of not 
paying over the money was not sufficient in itself to convict." State v. Butler, 21 S. C. 353. 

(44) § 16. Safe-Cracking. — Any person convicted of using any ex- 
plosive in or about a safe used for keeping money or other valuables, with 
intent to commit larceny or any other crime, shall be deemed guilty of 
felony, and be sentenced to the Penitentiary during the term of his life : 
Provided, That if the jury recommend the defendant to the mercy of the 
Court, a sentence of not less than ten years ' imprisonment may be imposed, 
in the discretion of the Court. 

Crim. Code, '12, § 191; 1904, XXIV, 396; 1907, XXV, 580. 

state V. O'Day, 74 S. C. 448, 54 S. E. 607. 

Act, 24 Stat. 396, not objectionable in that subject of act is not expressed in title. "Safe crack- 
ers" defined. Sate v. O'Day, 74 S. C. 448, 54 S. E. 607. 

(45) § 17. Train Robbery. — Any person or persons who may stop, or 
cause to be stopped, or impede, or cause to be impeded, or conspire together 
for that purpose, any locomotive engine, or anj' car or cars, on any road, 
in this State, by intimidation of those in charge thereof, by force, threats, 
intimidation or otherwise, for the purpose of taking therefrom or causing 
to be delivered up to such persons or person forcing, threatening or intimi- 
dating, anything of value, to be appropriated to his or their own use, shall 
be guilty of train robbery, and, on conviction thereof, shall be punished 
by confinement in the Penitentiary not less than two years nor more 
than twenty years. 

Crim. Code, '12, § 192 ; 1902, XXIII, 1095. 

(46) § 18. Robbery on Trains, Etc. — Any and all persons who may 
hereafter enter upon any locomotive engine, car or cars, on any railroad 
in this State, and by threats, the exhibition of deadly weapons, or by the 
discharge of any pistol or gun on or near any such engine, car or cars, 
induce or compel any person or persons, on such engine, car or cars, to 
submit and deliver up, or allow to be taken therefrom, or from him or 
them, anything of value, shall be guilty of train robbery, and, on convic- 



OF SOUTH CAEOLINA ' 23 

tion thereof, shall be punished by imprisonment in the Penitentiary not less 
than ten years nor more than twenty years. 
Crim. Code, '12, § 193 ; 1902, XXIII, 1095. 

(47) § 19. Removing, Etc., Brasses and Packing From Cars, a Mis- 
demeanor. — An y person who shall wilfully and maliciously, or with intent 
to steal, or with intent to injure, take or remove the brasses, bearings, 
waste, or packing from out any journal-box or boxes, of any locomotive, 
engine, tender, carriage, coach, car, caboose, or truck used or operated 
upon any railroad, whether the same be operated by steam or electricity, 
shall be guilty of a misdemeanor, and upon conviction thereof, shall be 
punished by imprisonment in the Penitentiary, or labor on the chaingang, 
for a period of not less than six months nor more than two years, or 
fined not less than fifty ($50) dollars nor more than two hundred ($200) 
dollars. 

Crim. Code, '12, § 196 ; 1905, XXIY, 965 ; 1906, XXV, 6. 

(48) § 20. Entering House or Vessel Without Breaking With Intent 
to Steal. — Any person who shall enter, without breaking, or attempt to 
enter, any house or vessel whatsoever, with intent to steal or commit any 
other crime, or shall conceal himself or herself in any house or vessel, 
with like intent, shall be deemed guiltj^ of a misdemeanor, and, upon 
conviction thereof, shall be punished in the discretion of the Court. 

Crim. Code, '12, § 19S; 1905, XXIV, 849. 

An indictment alleging entry with, intent to steal, is sufficient, although it does not allege it 
\yas without breaking. State v. Ross, 83 S. C. 343, 65 S. B. 339. 

(49) § 21. Theft of Electric Current a Misdemeanor. — Any person 
who has no contract, agreement, license or permission with or from any 
person or corporation authorized to manufacture, sell or use electricity 
for the purpose of light, heat or power, or with or from any authorized 
agent of such person or corporation for, the use of electrical current 
belonging to, or produced or furnished by, any such person or corpor- 
ation, who shall Avilfully withdraw, or cause to be withdrawn, in any 
manner, and appropriate such current from the wires of any such person 
or corporation, for his own use, or for the use of any other person or 
corporation, shall be guilty of a misdemeanor, and, upon conviction 
thereof, shall be punished by a fine not exceeding one hundred ($100) 
dollars, or by imprisonment, not exceeding thirty (30) days, or by both 
such fine and imprisonment. And any person who shall aid, abet or 
assist such other person in such withdrawing and appropriating of such 
current from such wires to or for the use of such other person, or to or 
for the use of any other person or corporation, shall be guilty of a mis- 
demeanor, and shall, upon conviction, be punished in like manner. 

Crim. Code, '12, § 199; 1904, XXIV, 409. 

(50) § 22. Unlawful Appropriation of Gas a Misdemeanor. — ^Any 
person who has no contract, agreement, license or permission with or 
from any person or corporation authorized to manufacture, sell or use 
gas for the purpose of light, heat or power, or with or from any author- 
ized agent of such person or corporation, for the use of gas belonging 



24 CRIMINAL LAWS 

to, or produced or furnished by, any sucli person or corporation, who 
shall wilfully withdraw, or cause to be withdrawn, in any manner and 
appropriate such gas from the pipes or conduits of any such person 
or corporation, for his own use, or for the use of any other person or cor- 
poration, shall be guilty of a misdemeanor, and, upon conviction thereof, 
shall be punished by a fine of not exceeding one hundred ($100) dollars, 
or by imprisonment not exceeding thirty (30) days, or by both such fine 
and imprisonment. Any person who shall aid, abet or assist such 
other person in such withdrawing and appropriating of such gas from 
such pipes or conduits to or for the use of such other person, or to or for 
the use of any other person or corporation, shall be guilty of a misde- 
mieanor, and shall, upon conviction, be punished in like manner. 
Crim. Code, '12, § 200; 1911, XXVII, 148. 

(51) § 23. Wrongful Use of Gas a Misdemeanor. — Any person who 
has a contract, agreement, license or permission, oral or written with or 
from any person or corporation authorized to manufacture, sell or use 
gas for the purpose of light, heat or power, or with or from any author- 
ized agent of the same, for the use of the gas belonging to, or produced 
or furnished by, any such person or corporation, for certain specified 
purposes, who shall wilfully and intentionally withdraw, or cause to be 
withdrawn, in any manner and appropriate to his own use, or to the 
use of any other person or corporation, for purposes other than those 
specified, shall be guilty of a misdemeanor, and, upon conviction thereof, 
shall be punished as provided in Section 22 of this Chapter, And any 
such person to whom such gas is furnished from or by means of a meter, 
who shall wilfully and with intention to cheat and defraud any of said 
persons or corporations, alter or interfere with such meter, or by any 
contrivance whatsoever withdraw or take off gas in any manner except 
through such meter, shall be guilty of a misdemeanor, and be punished 
as provided in Section 22 of this Chapter. 

Crim. Code, '12, § 201 ; 1911, XXVII, 14S. 

(52) § 24. Persons Cheating or Defrauding Produces of Elec- 
tricity Guilty of Misdemeanor. — Any person who has a contract, agree- 
ment, license or permission, oral or written, with or from any person or 
corporation authorized to manufacture, sell or use electricity for the pur- 
pose of light, heat or power, or with or from any authorized agent of 
the same, for the use of the electrical current belonging to, or produced 
or furnished by, any such person or corporation, for certain specified 
purposes, who shall wilfully and intentionally withdraw, or cause to be 
withdrawn, in any manner, and appropriate to his own use, or to the use 
of any other person or corporation, for purposes other than those speci- 
fied, shall be guilty of a misdemeanor, and, upon conviction thereof, shall 
be punished as provided in Section 21 of this Chapter. And any such 
person to whom such electrical current is furnished from or by means 
of a meter, who shall wilfully and with intention to cheat and defraud 
any of said persons or corporations, alter or interfere with such meter, 
or by any contrivance whatsoever withdraw or take off electrical cur- 



OF SOUTH CAROLINA 25 

rent in any manner except through such meter, shall be guilty of a mis- 
demeanor, and be punished as provided in Section 21 of this Chapter. 
Crim. Code, '12, § 202; 1904, XXIV, 410. 

(53) § 25. Petit Larceny — Penalty.— Any simple larceny of any arti- 
cle of goods, choses in action, bank bills, bills receivable, chattels, or any 
article of personality, of which by law larceny may be committed, and of 
all such fixtures and parts of the soil as were severed from the soil by 
an unlawful act, below the value of twenty dollars, shall be a mis- 
demeanor and considered a petit larceny, and be punished by imprison- 
ment in the county jail for not more than thirty days, or by a fine of not 
more than one hundred dollars. 

Crim. Code, '12, § 203; Crim. Code, '02, § 164; G. S. 2498; R. S. IBO; 1866, XIII, 
407; 1887, XIX, 820. 

On indictment for grand larceny, jury may find petit larceny. State v. Wood, 1 Mills Const. 
29. But where two are jointly indicted one cannot be convicted of petit larceny and the other of 
grand larceny. State v. Davis, 3 McC. 187. But verdict against only one of the defendants ma,y be 
rendered. State v. Lee, 29 S. C. 113, 7 S. E. 44. 

This offense being exclusively a statutory one, an indictment at common law will not lie ; and the 
indictment, therefore, must conclude, "contrary to the form of the Statute," etc. State v. Gray, 14 
Rich. 174. 

If article is of any value, the exact value need not be shown to sustain a conviction for petit 
larceny. State v. Stack, 1 Bail. 330. Sufficiency of description of money in indictment. State v. 
Evans, 15 Rich. 31. An indictment for stealing chickens of the value of five dollars from fowl 
house charges only petit larceny. State v. Johnson, 45 S. C. 483, 23 S. E. 619. 

Stealing a dog below the value of twenty dollars is petit larceny. State v. Wheeler, 15 Rich. 
362; State v. Langford, 55 S. C. "324, 33 'S. E. 370. 

Petit larceny is not a felony, but only a misdemeanor. Cherry v. McCants, 7 S. C. 224. 

Only simple petit larceny is made a misdemeanor by this Section. State v. Clary, 24 S. C. 
116. Variance between proof and allegation as description of property. State v. Cockfield, 15 
Rich. 316, 

Prior to its amendment in 1887 (19 Stat. 819), Magistrates did not have jurisdiction of petit 
larceny under this Section. State v. Williams, 13 S. C. 546; State v. Jenkins, 26 S. C. 121, 1 S. E. 
437. 

Since amendment of 1887, Magistrates have jurisdiction of such petit larceny. State v. Cooler, 
30 S. C. 105, 8 S. E. 692, Concurrently with the General Sessions. State v. Langford, 55 S. C. 
322, 33 S. E. 370. 

Even where the offense was committed before. lb. 

This Section does not include stealing of live stock. State v. Moore, 30 S. C. 69, 8 S. E. 437. 

Larceny may be committed of goods obtained by delivery from owner, animo furandi. State v. 
Gorman, 2 N. & McC. 90. So of goods taken and carried away without felonious intent, afterwards 
feloniously appropriated. State v. Davenport, 38 S. C. 348, 17 S. E. 37. 

Possession of recently stolen goods as evidence of larceny. State v. Slack, 1 Bail. 330. 

(54) § 26. Receiving" Stolen G-oods Misdemeanor. — In all cases what- 
ever, where any goods or chattels or other property, of which larceny 
may be committed, shall have been feloniously taken or stolen by any 
person or persons, every person who shall buy or receive any such goods 
or chattels, or other property knowing the same to have been stolen, 
shall be held and deemed guilty of, and may be prosecuted for, a mis- 
demeanor, and, upon conviction thereof, shall be punished by imprison- 
ment, although the principal felon or felons be not previously convicted, 
and whether he, she or they is, or are, amenable to justice or not : Pro- 
vided, That when the chattel or other property stolen shall be of less 
value than twenty dollars, the punishment shall not exceed imprison- 
ment in the county jail for thirty days, or a fine of not more than one 
hundred dollars. 

• Crim. Code, '12, § 204; Crim. Code, 1902, § 165; G. S. 25, 26a; R. S. 161; 1712, II, 
543 ; 1760, IV, 309 ; 1887, XIX, 814. 

At common law, receiver was not an accessory. State v. Butler, 3 McC. 383 ; State v. Council, 
Harp. 53. 

In an indictment for receiving stolen goods it is not necessary to state the name of principal 
felon, or, if stated, to prove it. State v, Coppenberg, 2 Strob. 277. Nor the place where stolen, 
etc. State v. Crawford, 39 S. C. 343, 17 S. E. 799. 

An indictment for buying and receiving stolen goods is good. State v. Posey, 7 Rich. 497. 



26 CRIMINAL LAWS 

Thp buvins of eoods and receiving them, knowing them to be stolen, completes the crime. State 
V Winte4, 83 S C. 253, 65 S. E. 243; State v. Crawford, 39 S. C. 343, 17 S E. 799; State v. 
S'covel, 1 Mills, 274: State v. Gibson, 83 S. C. 34, 64 S. E. 607, 916; State v. Daniels, 80 S. C. 
368, 61 S. E. 1073. -r^ • i on a n q«q 

Record of conviction of thief prima facie evidence of larceny. State v. Daniels, 80 h. O. 368, 

AVhere party" received goods from servant and concealed them under circumstances sufficient to 
indicate that servant had stolen them, he was held guilty of receiving stolen goods. State v. 
Tiedman. 4 Strob. 303. , . ^. ^ . . v ^ ^t, * v 

One cannot be convicted for this offense under same indictment against him and others for bur- 
glary and grand larceny, and against him alone for this offense. State v. Nelson, 14 Rich. 199. 

So receiving stolen goods above the value of twenty dollars, properly held to be a misde- 
meanor, and the defendants were only entitled to five challenges each. State v. Jacobs, 30 S. C. 
1^1 S S E 698 

The wife receiving stolen goods knowing them to be stolen, jointly with her husband and under 
his coercion her greater activity in consummating the offense will not, as matter of law, make her 
guilty. State v. Houston, 29 S. C. 108, 6 S. E. 943. 

When the defense was that the defendant had received the goods m payment of wages, it was 
error for Judge to charge that the goods were of more value than the services rendered. lb. 

Allowing stolen goods to be shipped as part of one's baggage. State v. Scovel, 1 Mills Const. 
274 

knowledge of the theft at time of receiving goods is essential to conviction. Facts sufficient 
to put a reasonably nrudent man on inouiry are not sufficient. State v. Rountree, 80 S. C. 387, 61 
S. E. 1072, 22 L. R. A., N. S., 833n. 

Possession~of stolen goods. State v. Winters, 83 S. C. 153, 65 S. E. 209. Of accomplice. State 
V. Gibson, 83 S. C. 34, 64 S. E. 607, 916. 

Trial of defendant in his absence. State v. Rabens, 79 S. C. 542, 60 S. E. 442, 1110. 

Joinder of counts for larceny and receiving stolen goods in same indictment, the same parties 
not being in both counts. State v. Thomas, 75 S. C. 477, 55 S. E. 893 ; State v. Rountree, 80 S. 
C. 387, 61 S. E. 1072, 22 L. R. A., N. S., 833n. 

(55) § 27, Firing Turpentine Farms. — It shall be unlawful for any 
person, to set fire to any woods so near to any turpentine farm in this 
State as to injure or burn any such farm; and whoever shall wiKully 
and maliciously set fire to any woods at any time, whereby such farm 
or farms are injured or burned, shall be adjudged guilty of a felony, and 
liable to be punished at hard labor in the Penitentiary for the period of 
one year, or fined in the sum of five hundred dollars. 

Crim. Code, '12, § 189 ; Crim. Code, '02, § 155 ; G. S. 2494 ; R. S. 151 ; 1876, XVI, 61. 

(56) § 28. Punishment for Burning Ricks of Hay, Kilns, Etc., in 
Nighttime. — Whoever shall in the nighttime maliciously, unlawfully 
and wilfully burn, or cause to be burned or destroyed, any ricks or 
stacks of hay straw, or grain or kilns, shall, for every such offense, be 
punished by hard labor in the Penitentiary for life or for a period not 
less than two years, according to the aggravation of the offense. 

Crim. Code, '12, § 190; Crim. Code, '02, § 157; G. S. 24S4; R. S. 154; 22 and 
33 C. 2. c. 7; 1712, II, 521; 1869, XIV, 175; 1887, XIX, 793. 
Different offense from arson. State v. Pope, 9 S. C. 273. 

(57) § 29. Misdemeanor to Interfere With Fire and Police Alarm 
Boxes. — Any person or persons who shall wilfully, maliciously or mis- 
chievously interfere with, cut or injure any pole or poles, wire or wires, 
insulator or insulators, alarm box or alarm boxes, giving false alarm 
from said box or boxes, breaking the glass in said box or boxes of the fire 
and police alarm telegram of cities or towns having such signal systems, or 
any of the appliances or apparatus connected therewith, shall be deemed 
guilty of a misdemeanor, and, upon conviction, shall be sentenced to hard 
labor in the State Penitentiary, or on the chaingang, in such counties 
having chaingangs, for a term of not less than sixty days, or the pay- 
ment of a fine of not more than two hundred ($200) dollars. 

Crim. Code, '12, § 194; Crim. Code, '02, § 156; R. S. 152; 1888, XX, 8; 1904, XXIV, 
882 



OF SOUTH CAROLINA 27 

(58) § 30. Making, Mending or Possessing Tools, Etc., to Be Em- 
ployed in Crime, a Misdemeanor. — A person who makes or mends, or 
causes to be made or mended, or has in his possession in the day or night- 
time, any engine, machine, tool, false key, picklock, bit, nippers, nitro- 
glycerin, dynamite cap, coil or fuse, steel wedges, drills, tap-pins, or 
other implements or things adapted, designed or commonly used for the 
commission of burglary, larceny, safe-cracking, or other crime, under 
circumstances evincing any intent to use or employ, or allow the same 
to be used or employed, in the commission of a crime, or knowing that 
the same are intended to be so used, shall, upon conviction, be guilty 
of a misdemeanor. In either case he shall, upon conviction, be punished 
at the discretion of the Court, 

Crim. Code, '12, § 195; 1907, XXV, 580. 

(59) § 31. Altering and Removing Landmarks, a Misdemeanor. — If any 

person or persons shall, knowingly, wilfully, maliciously or fraudulently, 
cut, fell, alter or remove any certain boundary tree, or other allowed 
landmark, such person or persons so offending, shall be guilty of a mis- 
demeanor, and, upon conviction, shall be fined not exceeding one hun- 
dred dollars, or imprisoned not exceeding thirty days. 
Crim. Code, '12, § 197; 1902, XXIII, 1094. 

(60) § 32. Drawing and Uttering Fraudulent Check. — Any person 
who shall hereafter in his own name or as an attorney in fact for any 
other person or persons, or as an officer or agent of any corporation, 
unincorporated association, society or company, draw and utter any 
check, draft or order upon a bank, banking house, person, firm or cor- 
poration with which or whom he or the person or persons or any corpora- 
tion, association, society or company for whom he is then acting, have 
not at the time of the drawing or presentation for payment of such 
check, draft or order, sufficient funds to meet the same, and shall thereby 
obtain from another money or other thing of a value, or induce such 
person to surrender or postpone any remedy he may have against such 
drawer or the person or corporation represented by him, shall be guilty 
of a misdemeanor, and, upon conviction, shall be punished by fine or im- 
prisonment, in the discretion of the Court; the offense to be within the 
jurisdiction of the Magistrate's Court if the value of the property ob- 
tained be less than twenty dollars and be punished by a fine not exceed- 
ing one hundred dollars, or by imprisonment not exceeding thirty days: 
Provided, That if such person shall deposit with the drawee of such paper 
within thirty days from the date thereof funds sufficient to meet the 
same with all costs and interest which may have accrued, the prosecution 
under this Section shall be discontinued. 

Crim. Code, '12 § 208 ; 1009, XXVI, 21 : 1914, XXVIII, 489. 
. Post-dated check; State v. Winter, 98 S. C. 295; 82 S. E. 419. 

(61) § 33. Unlawful Fraudulently to Use Name of Corporation or 
Appropriate Its Property. — An officer, agent, clerk or servant of a cor- 
poration which is organized, or doing business in this State, who wilfully 
uses the name of such corporation, or his own name as such officer, agent, 
clerk or servant to obtain money, or anything of value or credit upon 



28 CRIMINAL LAWS 

the credit of sucli corporation for Ms own use or benefit, without author- 
ity from such corporation, or who fraudulently lends, invests or appro- 
priates the money or disposes of the property of such corporation, or 
fraudulently converts it, shall be punished by imprisonment in the State 
prison for not more than ten years. 
Crim. Code, '12, § 210; 1909, XXVI, 21. 

(62) § 34. Stealing Melons and Fruit — Pumshment — Whoever shall 
steal from the premises of another any melons or fruits, whether sev- 
ered from the freehold or not, shall be deemed guilty of a misdemeanor, 
and, on conviction thereof, shall be punished by imprisonment for not 
more than thirty days, or by fine of not more than fifty dollars. 

Crim. Code, '12, § 218 ; Crim. Code, '02, § 166 ; R. S. 162 ; 1886, XIX, 522. 

(63) § 35. Obtaining Goods Under False Tokens or Letters in An- 
other's Name. — Whoever shall, falsely and deceitfully, obtain or get into 
his or their hands or possession, any money, goods, chattels, jewels or 
other things, of any other person or persons, by color and means of any 
false token or counterfeit letter made in any other man's name, every 
person or persons so offending, and being thereof lawfully convicted, 
shall suffer such imprisonment as the Court may adjudge : Provided, 
That when the money, goods, chattels and other things so obtained do not 
exceed in value twenty dollars, then the said offense shall be punished by 
a fine not to exceed one hundred dollars, or by imprisonment for a term 
not exceeding thirty days. 

Crim. Code, '12, § 219; Crim. Code, '02, § 167; 33 H. 8, c. 1 ; 1712, II, 476; 1894, 
XXI, 824. 

Cheating by false token. State v. Stroll, 1 Rich. 244. 

Proof of obtaining the satisfaction of a debt by false pretenses will not sustain an indictment 
charging the obtaining of money by false pretenses. State v. Daniel, 83 S. 0. 309, 65 S. E. 236. 

Motion to direct verdict of acquittal or for new trial. Ih. Also, State v. Lopoz, 82 S. C. 368, 
64 S. E. 144. 

(64) § 36. Obtaining Property by False Pretenses. — Any person who 
shall, by any false pretense or representation, obtain the signature of 
any person to any written instrument, or shall obtain from any other 
person anj chattel, money, valuable security, or other property, real or 
personal, with intent to cheat and defraud any person of the same, shall 
be guilty of a misdemeanor, and shall, on conviction, be sentenced to pay 
a fine not exceeding five hundred dollars, and undergo an imprisonment 
not exceeding three years : Provided, always, That if the sum in the 
written instrument or the value of the property so obtained does not 
exceed twenty dollars, the punishment shall be by fine not exceeding one 
hundred dollars, or by imprisonment not exceeding thirty days : And 
provided, further, That if, upon the trial of any person indicted for such 
a misdemeanor, it shall be proved that he obtained the property in such 
a manner as to amount in law to larceny, he shall not, by reason thereof, 
be entitled to be acquitted of such misdemeanor; and no person tried 
for such misdemeanor shall be liable to be afterwards prosecuted for lar- 
ceny upon the same facts. 

Crim. Code, '12, § 220; Crim. Code, '02, § 168; G. S. 2499; R. S. 162; 187G, XVI, 
39; 1893, XXI, 507; 1894, XXI, 824. 



OF SOUTH CAROLINA 29 

CONSTEUED 

False pretense is such a fraudulent representation of an existing or past fact, by one who knows 
it not to be true, as is adapted to induce the person to •whom it is made to part with something 
of value. A mere promise to do something in the future is not such a pretense. State v. Haines, 
23 S. C. 170. 

Obtaining goods by means of f-alse representation as to the balance due on a note. State v. 
Freeman, 43 S. C. 105, 20 S. E. 974. 

False pretense defined. State v. Stone, 95 S. C. 390, 79 S. E. 108. 

Indictment — 

Should charge that the defendant made the false pretenses at the time, knowing them to be false. 
lb. 

On an indictment for obtaining money from a county by false pretenses, it is immaterial whether 
the Countv Supervisor and Commissioner knew of, and participated in, the fraud or not. State v. 
Talley, 77" S. C. 99, 57 S. E. 618, 122 Am. St. Rep. 559, 11 L. R. A., N. S., 938n. 

Form of indictment. State v. Stone, supra. 

Evidence — 

It must be shown that a false pretense was made, knowing it to be false, and that it was made 
with intent to defraud. Such intent is a question of fact for the jury. State v. Hicks, 77 S. C. 
289, 57 S. E. 842. 

(65) § 37. Stealing Grain or Cotton From the Field. — Whoever shall 
steal from the field any girain, cotton or vegetables, whether severed from 
the freehold or not, shall be deemed guilty of a misdemeanor, and, on 
conviction thereof, shall be punished by imprisonment for not more than 
five years, or by fine of not more than five hundred dollars ; except that 
when the amount stolen shall not exceed ten dollars in value, the punish- 
ment shall be by imprisonment for not more than thirty days nor less than 
twenty days, or by a fine of not more than one hundred nor less than fifty 
dollars. 

Crlm. Code, '12, § 221; Crim. Code, '02, § 169; G. S. 24S7 ; R. S. 164; 1826, VI. 
284; 1866, XIII, 405; 1879, XVII, 77; 1885, XIX, 140; 1903, XXIV, 111. 

Corn growing in the field is included in this Section, though not severed from the soil. State v. 
Stephenson, 2 Bail. 334. 

Peas are included under grain. State v. Williams, 2 Strob. 475. 

Indictment — 

Fatally defective, that charges stealing corn "in the field" instead of ''from the field." State v. 
Shuler, 19 S. C. 142; State v. Nelson, 28 S. C. 16, 4 S. E. 792. 

Under indictment for this offense, defendant cannot be found guilty of petit larceny. State v. 
Washington, 26 S. C. 604, 2 S. E. 623. . 

Judgment — 

Arrested, because defendant was convicted of petit larceny. State v. Washington, 26 S. C. 604, 
2 S. E. 623. 

The Act of 1893, XXI, 411, attempting to gfve Magistrates jurisdiction where the property did 
not exceed $20 in value, held unconstitutional in State v. Crosby, 51 S. C. 247, 28 S. E. 529. And 
the provision as to larceny from the field was left out of the amended Act of 1894, XXI, Stats, 824. 

A laborer working under a verbal contract with a farmer for a part of the crop may commit a 
larcenv bv taking and carrving away a portion of the crop with intent to steal it. State v. Saunders, 
52 S. "C. '582, 30 S. E. 616; State v. Gay, 1 Hill 364. 

Judge not reauired to pive sentence to fine or imprisonment in the alternative. State v. Davis, 
86 S. C. 208, 68 S. E. 532. 

(66) § 38, Fraudulent Impersonation of Oiiicers a Misdemeanor — 
Penalty. — Whoever, with intent to defraud either the State of South Car- 
olina, any county or municipal government or any person, shall falsely 
assume or pretend to be an officer or employee acting under the authority 
of the government, county. State or municipal, or any department therof, 
and shall take upon himself or herself to act as such officer or shall in 
such pretensive or pretended character demand, obtain, or receive from 
any person or persons or any officer of the State, county or municipal 
government any money, paper, document or other valuable things shall 
be guilty of a misdemeanor and be punished by fine or imprisonment, or 
by fine and imprisonment, in the discretion of the Court : Provided, That 
if the property or thing obtained shall be of less value than twenty 
($20.00) dollars, the fine shall not exceed one hundred ($100.00) dollars, 
or imprisonment for thirty days and shall be in the jurisdiction of the 
Magistrate's Court. 

1920, XXXI, 753. 



30 CRIMINAL LAWS 

(67) § 39. Wilful Injury to Court House or Jail. — If any person shall 
wiKnlly injure or destroy any part of any court house or jail in this 
State, or the enclosures of the same, or any part thereof, such person 
shall be liable to be indicted for such offense, and, upon conviction, be 
fined or imprisoned, at the discretion of the Court. 

Crim. Code, '12, § 942 ; Crim. Code, '02, § 656 ; G. S. 2708 ; R. S. 543 ; 1827, VI, 321. 

(68) § 40. Keeping of Sheep Killing Dogs Prohibited. — ^All persons 
are hereby prohibited from buying, selling, receiving, giving away, or 
otherwise owning, controlling, having or keeping in possession any dog 
or dogs commonly called "sheep-killing," and known to be such. The 
violation, knowingly, in any one or all respects, of the foregoing pro- 
hibition, shall be a misdemeanor, punishable, upon conviction, by a fine 
of not exceeding one hundred dollars, or imprisonment for not exceed- 
ing thirty days. 

Crim. Code, '12, § 212 ; 1909, XXVI, 121. 

(69) § 41. Burning Stacks of Com, Etc., in Daytime. — "Whoever shall 
maliciously, unlawfully, and wilfully burn, or cause to be burned or de- 
stroyed, any ricks or stacks of corn, or grain, or kilns, in the daytime, 
shall be adjudged guilty of a misdemeanor, and liable to be fined and 
imprisoned, in the discretion of the Court, for said offense. 

Crim. Code, '12, § 213 ; Crim. Code, '02, § 158 ; G. S. 2495 ; R. S. 155 ; 1828, VI, 367. 

By construction of similar words in Statutes 22 and 23, Charles II, Chapter 7, it seems that 
the Vords "burn or caused to be burned or destroyed," in this Section mean that the property 
must be demolished or unfitted for its purpose, and that by the use of fire. State v. DeBruhl, 10 
Rich. 23. 

(70) § 42. Burning Carts, Wood, Etc. — Wlioever shall maliciously, 
wilfully, and unlawfully burn, or cause to be burned, any wain, cart, 
laden or to be laden, with coals or any other goods or merchandise, of 
any other person or persons, or maliciously, wilfully and unlawfully do 
burn, or cause to be burned, any heap of wood of any other person, pre- 
pared, cut, and felled, or to be prepared, cut, or felled, for making of 
coals, billets, or talwood, shall not only lose and forfeit unto the party 
grieved treble damages for such offense, to be recovered by action, but 
also shall be punished by fine and imprisonment, in the discretion of the 
Court. 

Crim. Code, '12, § 214 ; Crim. Code, '02, § 159 ; G. S. 2496 ; R. S. 156. 

(71) § 43. Carrying Fire on Lands of Another, Without Permit. — It 

shall be unlawful for any person to cai-ry a lighted torch, chunk, or coals 
of fire, in or under any mill or wooden building, or over and across any 
of the enclosed or unenclosed lands of another person at any time with- 
out the special permit of the owner of such lands, mill or wooden build- 
ing, whether any damage result therefrom or not. Any person, upon 
conviction of a violation of the provisions of this Section, shall be deemed 
guilty of a misdemeanor, and shall be subject to imprisonment in the 
county jail for a term not to exceed thirty days, or to a fine not to exceed 

one hundred dollars. 

Crim. Code, '12, § 216 ; Crim. Code, '02, § 161 ; R. S. 158 ; 1891, XX, 1045. 

(72) § 44. Burning, Cutting, Etc., Untenanted or Unfinished Build- 
ings — Punishment. — Whoever shall maliciously, unlawfully and wilfully 



OF SOUTH CAROLINA 31 

burn or cause to be burned, cut or cause to be cut or destroyed, any 
untenanted or unfinished house or building of any frame or frames of 
timber of any other person, made and prepared, oir hereafter to be made 
or prepared, for or towards the making of any house or houses, so that 
the same shall not be suitable for the purposes for which it was prepared ; 
and any tenant or tenants who shall wilfully and maliciously cut, deface, 
mutilate, burn, destroy or otherwise injure any dwelling house, outhouse, 
erection, building or crops then in the possession of such tenant or ten- 
ants, shall be deemed guilty of a misdemeanor, and, upon conviction 
thereof, shall be punished by fine or imprisonment, or both, in the dis- 
cretion of the Court. 

Crim. Code, '12, § 217; Crim. Code, '02, § 162; G. S. 2845; R. S. 159; 27 H. 8, 
c. 6, 1712, II, 478 ; 1887, XIX, 794 ; 1911, XXVII, 129. 

Challenges — 

Defendant only entitled to five peremptorj'. State v. Workman, 15 S. 0, 540. 

Defense — 

Not, upon trial for burning an untenanted house, that prisoner had been acquitted on trial for 
arson for same burning. State v. Jenkins, 20 S. 0. 351. 

Plea of autre fois acquit was properly overruled upon trial on a second indictment, when the first 
had been quashed, because it charged the oiiense to have been committed at a future day. State v. 
Jenkins, 20 S. C. 351. 

Evidence — 

Whether a confession was free and voluntary depends upon circumstances, and is a question for 
the Circuit Judge in his discretion to decide. State v. Workman, 15 S. C. 540. 

Confession of one not testimony against his codefendant ; but it was not error to allow it in 
full, without suppression of name of codefendant, the jury having been instructed that it was testi- 
mony only against the party who made it. State v. Workman, 15 S. C. 540. 

Two men being tried jointly for same crime, wife of one not competent witness for her hus- 
band, nor, as to any common ground! of defense, for the other. State v. Workman, 15 S. 0. 540. 

New Tkial — 

Motion for, on ground of after-discovered evidence, properly refused, where the affidavits did 
not show that it could not, by due diligence, have been discovered before trial. State v. Workman, 
15 S. C. 540. 

Indictment not sufficient under this Section. State v. Jeter, 47 S. C. 2, 24 S. E. 889. 

(73) § 45. Malicious Wounding of Horses, Etc. — Whoever shall wil- 
fully, unlawfully and maliciously cut, shoot, maim, wound or otherwise 
injure or destroy any horse, mule, neat cattle, hog, sheep, goat, or any 
other kind, class, article, or description of personal property, the goods 
and chattels of another, shall be guilty of a misdemeanor, and, upon 
conviction thereof, shall be fined or imprisoned, at the discretion of the 
Judge before whom the case shall be tried: Provided, That when the 
injury or loss of the property affected by such act or acts does not exceed 
twenty dollars, the punishment shall be a fine of not more than one hun- 
dred dollars, or imprisonment fo!r a period of not more than thirty days. 
Crim. Code, '12, § 222 ; Crim. Code, '02, § 170 ; G. S. 2500 ; R. S. 165 ; 37 H. 8, c. 6 ; 
1712, II, 478; 22 and 23 C. 3, c. 7; 1712, II, 521; 1857, XII, 605; 1861, XII, 903; 
1892, XXI, 115 ; 1894, XXI, 824. 

Act 1857 not repealed by the Act of December 19, 1865. State v. Alexander, 14 Rich. 247. 

Not determined whether a dog is embraced in the term "other personal property." State v. Trapp, 
14 Rich. 203. 

Unlawfully and maliciously turning oil out of a tank is embraced in the term "any other per- 
sonal property." State v. Switzer, 59 S. C. 225, 37 S. E. 818. 

Malicious injury to cow. State v. Howard, 15 Rich. 274. 

Indictment — - 

Is sufficient if it contain a general description of the offense in the words of the Section, al- 
though the manner of killing be not described. State v. Cantrell, 2 Hill 389. 

If a charge that prisoner shot "one sow," it is good. State v. Shubrick, 2 S. C. 21. 

Evidence — 

Evidence of malice. State v. Murphy, 86 S. C. 268, 68 S. B. 570. 

Not necessary to prove malice towards the owner of the property. State v. Toney, 15 S. C. 
409; State v. Doig, 2 Rich. 179. 

The capacity of defendant under fourteen years of age to commit the crime may be determined by 
the facts of the case, without independent evidence thereof. lb. 

Where a defendant admits, that he is on bad terms with another, he cannot be asked as to 
special collateral acts of bad humor. Cobb v. Cater, 59 S. C. 462, 38 S. E. 114. 

If one puts out poison with intent to kill his neighbor's animals, he is liable. lb. 

Defending premises against trespassing animals. State v. Murphy, 86 S. C. 268, 68 S. E. 570. 



32 CRIMINAL LAAVS 

(74) § 56. Malicious Injiuy to Trees, Houses, Etc. — Whoever shall 
wilfully, unlawfully, and maliciously cut, mutilate, deface, or otherwise 
injure, any tree, house, outhouse, fence, or fixture of another, or com- 
mit any other trespass upon real property in the possession of another, 
shall be guilty of a misdemeanor, and upon conviction thereof, shall be 
fined and imprisoned, at the discretion of the Judge before whom the 
case shall be tried: Provided, That when the damage to such property 
does not exceed twenty dollars, the punishment shall be a fine of not 
more than one hundred dollars, or imprisonment for a period of not 
more than thirty days. 

Crim. Code, '12, § 223; Crim. Code, '02, § 171; G. S. 2501; R. S. 166; 1857, XII, 
605; 1892, XXI, 93; 1893, XXI, 411; 1894, XXI, 824. 

Construed — 

A mere license to plant the land in possession of owner does not give such possession of real 
property required by the Section as would sustain an indictment for malicious trespass for cutting 
up the crop planted. State v. Gadsden, 20 S. C. 456. 

Magistrates had no jurisdiction of this offense before Act of 1892, the punishment being left to 
the discretion of the trial Judge. State v. Mays, 24 S. C. 190. 

The General Sessions has no jurisdiction where the damage from fire to fodder house and corn 
crib does not exceed twenty dollars. State v. Jeter, 47 S. C. 2, 24 S. E. 889. 

The Magistrate is not deprived of jurisdiction by a plea of title to land. State v. Holcomb, 
63 S. C. 60, 40 S. E. 1017. 

(75) § 47. Merger of Civil Injury in Crime. — Whenever any person 
shall be prosecuted for any of the misdemeanors in the two preceding 
Sections created, the owner of the property injured shall not have the 
right to maintain a civil action for the same injury. 

Crim. Code, '12, § 224 ; Crim. Code, '02, § 172 ; G. S. 2502 ; R. S. 167 ; 1857, XII, 605. 

(76) § 48. Burning, Cutting, Etc., Untenanted or Unfinished Build- 
ings — ^Injury Done by Tenants — ^Punishment. — Whoever shall maliciously, 
unlawfully and wilfully burn, or cause to be burned, cut, or cause to be 
cut or destroyed, any untenanted or unfinished house or building or any 
frame, or frames or timber, of any other person, made and prepared, 
hereafter to be made or prepared, for or towards the making of any 
house or houses, so that the same shall not be suitable for the purpose 
for which it was prepared ; and any tenant or tenants, who shall wilfully 
or maliciously cut, deface, mutilate, burn, destroy or otherwise injure 
any dwelling house, outhouse, erection, building or crops then in posses- 
sion of such tenant or tenants, shall be deemed guilty of a misdemeanor, 
and, upon conviction thereof, shall be punished by fine or imprisonment, 
or both, in the discretion of the Court. 

Crim. Code, '12, § 225 ; Crim. Code, '02, § 162 ; G. S. 2845 ; R. S. 159 ; 27 H. 8, c. 6 ; 
1712, II, 478; 1887, XIX, 794; 1911, XXVII, 129. 

(77) § 49. Penalty for Marking or Disfiguring Animals of Another. — 

Whoever shall be lawfully convicted of wilfully and knowingly marking, 
branding or disfiguring any horse, mare, gelding, filly, ass, mule, bull, 
cow, steer, ox or calf of, or belonging to, any other person, shall, for each 
and every horse, mare, gelding, colt, filly, ass, mule, bull, cow, steer, ox or 
calf which he shall or may be convicted of marking, branding or disfigur* 
ing as aforesaid, be subject to a penalty of one hundred dollars, or to 
imprisonment for a term not exceeding six months, or both, in the discre- 
tion of the Court; and in case the said offender shall afterwards repeat 
or commit a, like offense, on conviction thereof he shall be liable to a fine 



OF SOUTH CAROLINA , 33 

of two hundred dollars, or to imprisonment for a term not exceeding one 
year, or both, in the discretion of the Court, for each and every horse, 
mare, gelding, colt, filly, ass, mule, bull, cow, steer, ox or calf by him so 
marked, branded or disfigured. 

Grim. Code, '12, § 226 ; Crim. Code, '02, § 173 ; G. S. 2503 ; R. S. 168 ; 1789, V, 139*; 
1892, XXI, 115. 

Applies only to such fraudulent marking etc., as intended, to prevent the owner from knowing 
his property. Shelton v. Gage, Chev. 108. 

Shaving the mane and cropping the hair from the tail of a mare does not constitute the offense 
of disfiguring. State v. Smith, Chev. 157. 

Indictment — 

Is suiRcient it seems, if it charge the offense in the general terms of the Section. 76. 

(78) § 50. Penalty for Marking Smaller Animals of Another — Second 
Offense. — Whoever shall be lawfully convicted of wilfully and knowingly 
marking, branding or disfiguring any sheep, goat or hog of, or belonging 
to, any other person shall, for each and every sheep, goat or hog which 
he shall or may be convicted of marking, branding or disfiguring, as 
aforesaid, be subject to a penalty of twenty-five dollars, or to imprisonment 
for a term not exceeding twenty days ; and, in case the said offender shall 
afterwards repeat or commit a like offense, on conviction thereof he shall 
be liable to a fine of fifty dollars, or to imprisonment for a term not exceed- 
ing thirty days for each and every sheep, goat or hog by him so marked, 
branded, or disfigured. 

Crim. Code, '12, § 227 ; Crim. Code, '02, § 174 ; G. S. 2504 ; R. S. 169 ; 1789, V, 140 ; 
1892, XXI, 115. 

Indictment for marking a hog. State v. Nichols, 12 Rich. 672. 

(79) § 51. Cutting or Floating Trees, Etc., in Rivers at Night With- 
out Sufficient Light or Men. — Any person who shall be found guilty of 
cutting any trees or tree tops, brush or logs, oiri throwing any refuse mate- 
rial whatever into any navigable river or harbor in South Carolina, or who 
shall float logs singly or in rafts in any manner whatsoever without being 
properly or plainly lighted at night, and attended by day with sufficient 
number of men to prevent said rafts and logs from negligently damaging 
property along the river banks, or from catching on snags, sinking and 
forming obstructions, or in any manner whatsoever interfering with the 
navigation or obstructing said rivers or harbors, shall be deemed guilty of 
a misdemeanor, and punished by fine not exceeding two hundred and fifty 
dollars, or by imprisonment not exceeding two years. And all such trees, 
logs, rafts floating booms or pens of timber dangerous to navigation in 
said river may be captured and secured and properly rafted to market and 
sold, one-half of the net proceeds over the expense of capturing and mar- 
keting to be paid to the County Treasurer of the county in which such 
timber may be captured, and the other half to the person or persons cap- 
turing the same : Provided, This Section shall not apply to logs or timber 
accidentally drifting loose from a raft or from any stationary boom where 
timber is kept for proper use or for proper rafting, or to any logs floated 
off from the owner by a sudden freshet before his having an opportunity to 
raft the same. 

Crim. Code, '12, § 235 ; Crim. Code, '02, § 181 ; G. S. 2505 ; R. S. 175 ; 1894, XXI, 
715; 1897, XXII, 426. 



4 C L 



34 CKIMINAL LAWS 

(80) § 52. Unlawful to Leave Abandoned Wells Open. — It shall be 
unlawful for any owner or tenant to permit or allow any abandoned wells 
to remain open and unprotected, curbed or fenced in, on any place or prem- 
ises owned or occupied in this State. 

Any person convicted of allowing or permitting such abandoned wells to 
remain open and unprotected, curbed or fenced in, shall be fined in the 
sum of ten dollars, or imprisoned not more than thirty days. 

Crim. Code, '12, § 240; 1904, XXIV, 383. 

(81) § 53. Entry on Lands of Another After Notice ProMbiting Same 
a Misdemeanor. — Every entry upon the lands of another, after notice 
from the owner or tenant prohibiting the same, shall be a misdemeanor, 
and be punished by fine not to exceed one hundred dollars, or imprisonment 
with hard labor on the public works of the county not exceeding thirty 
days: Provided, That whenever any owner or tenant of any lands shall 
post a notice in four conspicuous places on the borders of any land pro- 
hibiting entry thiereon, and shall publish once a week for four consecutive 
weeks such notice in any newspaper circulating in the county where such 
lands are situate, a proof of the posting and of publishing of such notice 
within twelve months prior to the entry, shall be deemed and taken as 
notice conclusive against the person making entry as aforesaid for hunting 
and fishing. 

Crim. Code, '12, § 241 ; Crim. Code, '02, § ISG ; G. S. 2507 ; R. S. 176 ; 1S66, XIII, 
406 ; 1SS3, XVIII, 48 ; 1S9S, XXII, Sll. 

COXSTEUED 

Its terms must be taken in their ordinary acceptation, and they do not restrict the offense to 
those only who so enter under claim of title. State v. Cockfield, 15 Rich. 53. 

Xor do thev limit the remedv to person holding the legal title, but extend it to the tenant at will 
state V. Green, 35 S. C. 266," 14 S. E. 619. 

Such entry is a misdemeanor without regard to intention. lb. 

A tenant leasing land for the calendar year, hut not going into actual possession until several 
days after the first of January, is the owner or tenant of the land from January 1st. State v. Gav, 
76 S. C. 83, 56 S. E. 668. 

Wareant — 

Affidavit for, must show plainly that the offense charged is entry upon lands with notice, and not 
mere trespass upon them. State v. May, 24 S. C. 190. 

Affidavit alleging trespass after notice sufficient. State r. Tennv, 58 S. C. 215, 36 S. E. 555; 
State V. Hailback, 40 S. C. 298, 18 S. E. 919. 

(82) § 54. Unlawful to Enter Lands for Certain Purposes. — ^Any 

person or persons entering upon the lands of another, for any one of the 
following purposes, of hunting, fishing, trapping, netting, gathering fruit, 
straw or turf, vegetables, herbs or cutting timber on the same, without the 
consent of the owner or manager thereof, shall be deemed guilty of a mis- 
demeanor, and, upon conviction thereof, shall pay a fijie of not more than 
twenty ($20) dollars, or be imprisoned at hard labor not more than thirty 
(30) days, for each and every offense. 
Crim. Code, '12, § 242; 1905, XXIV, 906. 

(83) § 55. Entry Without Permission on Lands to Gather Shell Fish 
for Sale a Misdemeanor. — It shall be unlawful for anj- person or per- 
sons to enter upon any lands owned or leased by another without the per- 
mission of the owner or the lessee, for the purpose of gathering clams, oys- 
ters or other shell fish for sale. Any person or persons entering upon the 
lands of another without permission from the owner or lessee of said lands 
for the purpose of gathering clams, oysters or other shell fish for sale, shall 



OF SOUTH CAKOLINA , 35 

be deemed guilty of a misdemeanor and shall be fined not less than twenty 
($20.00) dollars, nor more than one hundred ($100.00) dollars, for each 
and every offense, or punished by imprisonment for not less than five 
days nor more than thirty days. 
1920, XXXI, 99S. 

(84) § 56. Trespassing on State House Grounds Forbidden. — It shall 
be unlawful for any person or persons to trespass upon the grass plots or 
flower beds of the State House grounds, to cut down, deface, mutilate 
or otherwise injure any of the trees, shrubs, grasses or flowers on said 
grounds, or to commit any other trespass upon any property of the State, 
real or personal, located thereon. 

Watchmen Made Constables. — For the purpose of enforcing the pro- 
visions of this Section, the Watchmen of the State House, or either of them, 
shall have power to arrest any person or persons committing said tres- 
pass upon said grounds, and to carry any person or persons so arrested 
before either of the Llagistrates of the City of Columbia, to be dealt with 
as shall be hereinafter directed; and for such purpose the said Watchmen 
shall have all the powers, privileges and immunities of Constables. 

Punishment for Trespass. — Any person or persons who shall violate 
the provisions of this Section shall be guilty of a misdemeanor, and, upon 
conviction thereof before either of the Magistrates of the City of Colum- 
bia, shall be fined not less than five nor more than one hundred dollars, or be 
imprisoned not less than five nor more than thirty days. 

Grim. Code, '12, § 243 ; Crim. Code, '02, § 1S7 ; R. S. 'l77 ; 1889, XX, 317. 

(85) § 57. Embezzling-, Stealing, Defacing or Damaging Books, Etc., 
a Misdemeanor. — Any person wilfully embezzling, stealing, defacing, dam- 
aging or in any manner mutilating or destroying while in his possession or 
in the custody of the State Librarian, any book, document, or other prop- 
erty, confided to the safekeeping of the State Librarian, or any person 
wilfully violating any of the rules and regulations prescribed by the Board 
of Trustees for the management of the State Library, shall be deemed 
guilty of a misdemeanor, and, upon conviction, shall be punished by a fine 
not exceeding one hundred dollars, or by imprisonment not exceeding thirty 
days. 

Trustees to Enforce Above Section — Disposition of Fine. — The said 
Board of Trustees are hereby charged with the enforcement of this Section. 
All fines when collected shall be paid into the State Library fund and 
shall be expended for the increase of the State Librarj^. 

Crim. Code, '12, § 244; Crim. Code, '02, § 188; 1898, XXII, 764. 

(86) § 58. Misdemeanor to Place Any Explosives on Railroad Rails. 

— It shall be unlawful for any unauthorized person or persons to place any 
explosive substance whatever upon the rail of any railroad, whether 
operated by steam, electricity or otherwise, in this State, and any person 
or persons who violates the provisions of this Section, or aids or assists 
therein, shall be deemed guilty of a misdemeanor, and, upon conviction 
thereof, shall be sentenced to pay a fine of not more than one hundred 



36 CEIMINAL LAWS 

dollars, or imprisonment not exceeding thirty days, in the discretion of 
the Court or Magistrate. 

Crim. Code, '12, § 247 ; 1905, XXIV, 904. 

(87) § 59. Penalty for Injuring Railroads. — ^Whoever wilfully and 
maliciously injures in any way any railroad or electric railway, or anything 
appertaining thereto, or any material or instrument for the construction or 
use thereof, or aids or abets in such trespass, shall be punished by fine 
not exceeding one thousand dollars, or imprisonment not exceeding one 
year. Whoever commits any of the acts mentioned in this Section in such 
manner as thereby to endanger life, shall be punished as herein provided, 
or by imprisonment in the Penitentiary not exceeding twenty years. 

Crim. Code, '12, § 248; Crim. Code, '02, § 191; G. S. 1518, 1519; R. S. 180; 1882, 
XVII, 832 ; 1906, XXV, 47. 

(88) § 60. Punishment for Breaking or Shooting Into Cars. — ^Whoever 
breaks and enters, in the nighttime, any railroad or electric railway car, 
or enters in the nighttime without breaking, or breaks and enters in the 
daytme, or shoots with any firearm into any railroad or electric railway 
car, with intent to commit the crime of larceny, or any other crime, shall, 
in addition to any other punishment now prescribed by law for such of- 
fence, be punished by imprisonment in the State Penitentiary not exceed- 
ing ten j'^ears, or by fine not exceeding five hundred dollars. 

Crim. Code, '12, § 249; Crim. Code, '02, § 192; G. S. 1522; R. S. 181; 1882, 
XVII, 833; 1906, XXV, 47. 

Indictment for. State v. Crawford, 38 S. C. 330, 17 S. E. 36. 

(89) § 61. For Injury to Electric Signals. — ^Whoever unlawfully and 
intentionally injures, molests, or destroys any of the electric signals of a 
railroad or electric railway corporation, or any of the lines, wires, posts, or 
any other structure or mechanism used in connection with such signals on 
any railroad, electric railway, or destroys, or in any way interferes with, 
the proper working of such signals, shall be deemed guilty of a misde- 
meanor, and, upon conviction, shall be punished by a fine not exceeding five 
hundred dollars, or by imprisonment not exceeding two years, or both. 

Crim. Code, '12, § 250 ; Crim. Code, '02, § 193 ; G. S. 1523 ; R. S. 182 ; 1882, XVII, 
834; 1906, XXV, 47. 

(90) § 62. Unlawful to Injure Electric Lines and Appurtenances. — 

Every person who unlawfully or maliciously takes down, removes, injures, 
interferes with, or obstructs any wire or poles erected by any telegraph 
or telephone company, or maintained by proper authority for the purpose 
of transmitting intelligence, or any part thereof, or any insulator or cross- 
arms, appurtenance or apparatus connected therewith, or unlawfully severs 
or in any way unlawfully interferes with any wire, cable, or current thereof, 
upon conviction shall be deemed guilty of a misdemeanor and punishable 
by imprisonment not exceeding thirty days, or by fine not exceeding one 
hundred dollars. 

Crim. Code, '12, § 251 ; 1902, XXIII, 1102 ; 1904, XXIV, 443. 

(91) § 63. Unlawful to Injure or Interfere With Electric Lines — 
Penalty. — It shall be unlawful for any person within the State of South 



OF SOUTH CAROLINA . 37 

Carolina, wilfully and wantonly, and without the consent of the owner, to 
take down, remove, injure, obstruct, displace, or destroy any line erected 
or constructed for the transmission of electrical current, or any poles, 
towers, wires, conduits, cables, insulators, or any support upon which wires 
or cables may be suspended, or any part of any such line or appurtenances 
or apparatus connected therewith, or to sever any wire or cable thereof, 
or in any manner to interrupt the transmission of electrical current over 
and along any such line, or to take down, remove, injure or destroy, any 
house, shop building, or other structure or machinery connected with 
or necessary to the use of any line erected or constructed for the trans- 
mission of electrical current, and to wantonly or wilfully cause injury to 
any of the property mentioned in this Section by means of fire; and any 
person or persons violating any of the provisions of this Section shall 
be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not 
more than five hundred dollars, or imprisoned not longer than one year, 
or both fined or imprisoned, in the discretion of the Court: Provided, 
Nothing herein contained shall operate to prevent any person from remov- 
ing any such wires or apparatus affixed to his private property without 
his consent. 
Crim. Code, '12, § 252 ; 1908, XXV, 1078 ; 1904, XXIV, 443 ; 1902, XXIII, 1102. 

(92) § 64. Interference With Sewers Prohibited — Damages to Pro- 
hibited — Penalty. — No person shall turn, remove, raise, or in any manner 
tamper with any cover of any manhole, filter, bed or other appurtenance 
of any public sewer, without a written permit from the proper authorities 
of such works ; and no person except those engaged by the proper author- 
ities shall enter any public sewer without special written permit. 

And no person shall, either within or without any city or town, obstruct, 
damage or injure any pipe, ditch, drain, filter, beds or appurtenance of 
any waterworks, sewerage or drainage of any such city or town. 

Every person violating the provisions of this Section shall, upon con- 
viction, be deemed guilty of a misdemeanor, and be subject to a fine not 
to exceed one hundred dollars, or imprisonment for thirty days. 

Grim. Code, '12, § 253; Crim. Code, '02, § 194; 1900, XXIII, 446. 

(93) § 65. Failure to Return Boat, Flat, or Tool Used for Mining 
Phosphate a Misdemeanor. — Any person being intrusted with any boat, 
flat or tools for gathering phosphate rock, by the owner thereof, for the 
purpose of mining or gathering phosphate rock, who shall fail to return 
same to the owner within two days after being required by such owner so 
to do, shall be guilty of a misdemeanor, and, upon conviction thereof before 
a Court of competent jurisdiction, shall be fined in the sum of not more 
than fifty dollars, or imprisoned not more than thirty days, in the discre- 
tion of the Court : Provided, It shall be a complete defense to any indict- 
ment or prosecution instituted under this Section, if the defendant shall 
make it appear that his or her failure to return the said property was 
due to his or her inability so to return the same, such inability not being 
the result of the defendant's act, or that the agreed time in which such 



38 CRIMINAL LAWS 

property was to be returned had not expired at the time of his or her 
failure to return the same. 

Crim. Code, '12, § 254; Crim. Code, '02, § 195; 1900, XXIII, 445. 

(94) § 66. No Drifted Boat to Be Sold Without Advertisement.— No 

person shall sell any drifted boat, float, or other water craft, lumber or 
timber, not the property of such person, without first advertising the sale 
of same at public auction at least three times, and at least three days prior 
to the date of such sale, in the newspaper having the greatest circulation in 
county where said drifted timber, boat or other water craft is found and 
taken, giving an accurate description of any and all marks by which said 
boat, float, or other water craft, lumber or timber, may be identified. 

Penalty for Violation of This Act. — And if any person shall sell any 
drifted boat, float or other water craft, lumber or timber, without having 
flrst so advertised and without paying the proceeds to the owner on appli- 
cation, after deducting expenses, or if any person having advertised shall 
refuse to deliver any drifted boat, float or other water craft, lumber or 
timber, claimed by the rightful owner, prior to the date of same, said 
owner to pay reasonable salvage expenses, such person shall be liable to 
indictment for misdemeanor, and fined or imprisoned in the discretion of 
the Court, and any person who may purchase such drifted boat, float or 
other water craft, lumber or timber, that has not been advertised as herein- 
before provided, shall be liable to indictment as receiver of stolen goods, 
and fined or imprisoned in the discretion of the Court. 

Crim. Code, '12, § 256; Crim. Code, '02, § 196; G. S. 1622; R. S. 183; 1853, XII, 
294 ; 1907, XXV, 196. 

(95) § 67. Penalty for Stealing Crude Turpentine. — ^Whoever shall 
steal any crude turpentine of the value of five dollars, whether dipped or 
scraped from the trees or not, or whether barreled or not, from any place 
whatsoever, shall be deemed guilty of a misdemeanor, and, on conviction 
thereof, shall be punished by a fine of not more than one hundred dollars or 
imprisonment not exceeding thirty days. 

Crim. Code, '12, § 257; Crim. Code, '02, § 197; R. S. 184; 1893, XXI, 506. 

(96) § 68. Punishment for Negligently Firing Grass, Etc. — Proviso. 

— Whoever shall wilfully, maliciously or negligently set fire to or burn 
any grass, brush ot other combustible matter, so as thereby any woods, 
fields, fences or marshes of any other person or persons be set on fire, or 
cause the same to be done, or be thereunto aiding or assisting, shall, upon 
conviction thereof, be punished by a fine of not less than twenty-five nor 
more than five hundred dollars, or imprisonment of not more than one 
year in the county jail, and shall, moreover, be liable to the action of any 
person or persons who may have sustained damage thereby: Provided, 
That no person or persons shall be prevented from firing woods, fields, 
lands or marshes within his own bounds, so that he suffer not the fire to 
get without the bounds of his lands and injure the woods, fences or grass 
of his neighbor or neighbors. 

Crim. Code, '12, § 215; Crim. Code, '02, § 160; G. S. 2497; R. S. 157; 1787, V, 125; 
1857, XII, 617; 1891, XX, 1195; 1919, XXXI, 59. 



OF SOUTH CAROLINA , 39 

Prior to the amendment of 1891 only one who -wilfully sets fire to his neighbor's grass or fence 
could be indicted under this Section. It did not apply to cases of negligently suffering fire to so 
burn. State v. Lewis, 10 Rich. 20. 

Circumstantial Evidekce — 

Tracks and offer to compromise. State v. Wideman, 68 S. C. 119, 43 S. E. 769. 

(97) § 69. Use of Vehicle or Live Stock Without Permission a Mis- 
demeanor. — Whoever knowingly and wilfully shall take and use any 
motor vehicle, bicycle or other vehicle or horse, mare or mule without the 
consent of the owner thereof, and without intent to steal the same, shall 
be deemed guilty of a misdemeanor, and, upon conviction, shall be pun- 
ished by a fine of not more than five hundred dollars, or by imprisonment 
for a period of not more than one year, or both fine and imprisonment, in 
the discretion of the Court. 

Crim. Code, '12, § 228; Crim. Code, 1902, § 175; R. S. 170; 1883, XVIII, 434; 
1917, XXX, 43-47. 

Charge illustrative of distinction between stealing a horse and taking it to use without consent 
of owner. State v. Sanders, 56 S. C. 415, 35 S. E. 133. 

(98) § 70. Disposal or Pledge of Stored Cotton by Warehousemen, 
Without Consent of Owner, a Misdemeanor — Provisos. — ^It shall here- 
after be a misdemeanor for any person, firm or corporation doing business 
in this State as a cotton factor or warehouseman and having in their ware- 
houses any cotton on storage the property of another, to either dispose of 
the said cotton, or any portion thereof by sale, loan, pledge or otherwise 
to any person, firm or corporation without the consent or approval of the 
owners of such stored cotton, and upon conviction thereof shall be pun- 
ished by fine of not more than five hundred dollars or imprisonment for 
not more than one year : Provided, That the rights of persons or corpora- 
tions holding mortgages over such cotton shall not be abridged or affected 
by the provisions hereof: And provided, further, That rights of per- 
sons, firms or corporations who have advanced or loaned, or who may here- 
after advance or lend money on such cotton shall not be abridged or affected 
by the provisions hereof : Provided, further, That provisions hereof shall 
not affect the warehouseman's claim for storage. 

1920, XXXI, 984. 

(99) § 72. Forgery. — Wlioever shall be convicted of falsely making, 
forging, or counterfeiting, or causing or procuring to be falsely made, 
forged, or counterfeited, or of wilfully acting or assisting in the 
false making, forging, or counterfeiting, of any writing or instrument of 
writing, or of uttering or publishing as true any false, forged, or counter- 
feited writing or instrument of writing, or of falsely making, forging, coun- 
terfeiting, altering, changing, defacing, or erasing, or causing or procuring 
to be falsely made, forged, counterfeited, altered, changed, defaced, or 
erased, any record or plat of land, or of willingly acting or assisting in any 
of the premises, with an intention to defraud any person, shall be guilty 
of forgery, and shall be sentenced to be imprisoned not less than one year 
nor more than seven years, and also to pay such fine as may be judged ex- 
pedient, at the discretion of the Judge who may try the case. 

Crim. Code, '12, § 528 ; Crim. Code, '02, § 373 ; G. S. 2527 ; R. S. 295 ; 1845, XI, 341 ; 
1736-7, III, 470-1, §§ 3-7 ; 1783, IV, 543 ; 1801, V, 397. 

Forgery is still a common law offense. State w. Zimmerman, 79 S. C. 289, 60 S. E. 680; 
McConnel v. Kennedy, 29 S. C. 180, 7 S. E. 76. 



40 CRIMINAL LAWS 

The object of the Statute is the enlarging of the offense, and the regulation of the punishment. 
State V. Zimmerman. Supra, 

The "Three essential elements in the crime of forgery" are: "1. A writing apparently valid. 
2. A fraudulent intent on the part of the accused. 3. The falsity of writing, or the fact that 
the name signed thereon is fictitious." All of which elements must be alleged and proved. State 
V. Bullock, 54 S. C. 300, 32 S. E. 424: State v. Murray, 72 S. C. 508, 52 S. E. 189. It 
is a felony: State v. Allen, 56 S. C. 495, 35 S. E. 204; State v. Rowe, 8 Rich. 17 But 
where the indictment follows the language of the Statute defining the crime, it is not defective 
for failure to charge that the act was done "feloniously." State v. Allen, 56 S. 0. 495, 35 
S. E. 204. 

Held to embrace forgery of school claims issued by County Supertintenuent of Education. 
State r. Allen, 56 S. C. 495, 35 S. E. 204; State v. Morton, 51 S. 0. 323, 28 S. E. 945. If a 
witness pay certificate issued by a Clerk of Court. State v. Bullock, 54 S. C. 300, 32 S. E. 424. 

To embrace the forgei'y of a receipt on the back of an indent, with fraudulent intent. State 
V. Washington, 1 Bay 120. 

And the forgery of an order for the delivery of goods. State v. Holly, 2 Bay 262 ; State v. 
Holly, 1 Brev. 35. 

And the altering the words and figures of a bank bill. State v. "Waters, 3 Brev. 507. 

Also, the alteration of a receipt. State v. Floyd, 5 Strob. 58. 

A false entry in a record with intent to defraud the State. State v. Zimmerman, supra. 

A lease of land. State v. Murray, supra. 

Notwithstanding the Act of 1845, forgery was still considered a felony. State v. Rowe, 8 
Rich. 17. 

If a clerk, keeping the books of a merchant, made false entries therein with fraudulent 
intent to injure him, and did injure him, the clerk committed forgery. McConnell v. Kennedy, 
29 S. C. 180, 7 S. E. 76. 

Indictment — 

Is good, though it describe the instrument as "a warrant or order." State v. Holly, 1 Brev. 
35. 

For "counterfeiting a note of hand, commonly called a promissory note, for the payment of 
money," is good if the note be set forth in haec verba. State v. Houseal, 2 Brev. 219. So as to an 
order. State v. Jones, 1 McM. 236. 

It mu.st state all the circumstances which constitute the offense. State v. Foster, 3 McM. 442. 

It is proper to charge the offense of an alteration as a forgery, in the words of the Statute. 
State i;. Floyd, 5 Strob, 58; State v. Allen, 56 S. C. 495, 35 S. E. 204. 

Motion to quash overruled. State v. Zimmerman, supra. 

Evidence — 

A fraud committed on the cashier is a fraud committed on the bank he represents. State v. 
Jones, 1 McM. 236. 

The utterance of other forged instruments of like nature may be shown. State v. Allen, 56 
S. C. 495. 35 S. E. 204. 

Evidence to support charge of uttering a forged instrument. State v. Berry, 76 S. C. 86, 
56 S. E. 662. 

It must be admitted or acknowledged or established by affirmative testimony that papers are 
in the handwriting of defendant before they can be received in evidence for the purpose of com- 
parison with the forged paper. State v. Ezekiel, 33 S. C. 115, 11 S. E. 635. 

On indictment for forgery of one bank bill, it is admissible to prove that the prisoner had 
passed other forged bills for which indictments were pending. State v. Williams, 2 Rich. 42p. 

Where the paper was issued in duplicate ; a duplicate is not a mere copy of the original, 
but is eaually evidence with the first copy issued. State v. Allen, 56 S. C. 495, 35 S. E. 204. 

Judgment — 

Is warranted upon a verdict which finds the passing of a forged note with knowledge of the 
forgery. State v. Fuller, 1 Bay 245. 

(100) § 73. Failure to Provide Railing Guards for Ferry Boats a Mis- 
demeanor. — All persons owning or operating any ferry boat or fiats 
which are used on any of the navigable streams of this State, or are 
landed upon soil thereof, shall place and provide guards or railing 
around the same so as to protect the lives and property of those using them. 
Any person violating the provisions of this Section, on conviction thereof, 
shall be liable to a fine of not less than twenty-five dollars nor more than one 
hundred dollars, or imprisoned not exceeding thirty days. 

1914, XXVIII, 590. 

(101) § 74. Obstruction of Running Streams in Counties Having Less 
Than Six Hundred Registered Voters a Misdemeanor. — The cutting or 
felling of trees across or into any of the running streams in all counties 
which have less than six hundred registered voters, obstructing the same 
by throwing any timber or other materials therein, or erecting any timber 
across any such streams, whereby the fall of such streams is lessened, and 
the flow of the water is obstructed, or whoever, having erected any such 
obstructions, refuses to remove the same within ten days after notice so 
to do, shall be deemed guilty of a misdemeanor, and, on conviction thereof, 
shall be punished within the discretion of the Court : Provided, That noth- 
ing herein contained shall prevent the construction of dams for the pur- 



OF SOUTH CAROLINA 41 

pose of generating power: Provided, That each and every obstruction 
shall be, and is hereby, made a separate and distinct offense. 
1918, XXX, 719. 

(102) § 75. Obstructing Streams in Certain Counties a Misdemeanor 
— Power Dams Excepted. — The cutting or felling trees across, or into, 

, any of the running streams of the Counties of Anderson, Bamberg, Barn- 
well, Colleton, Cherokee, Chester, Greenville, Oconee, Union, Fairfield, 
Laurens, Newberry, Abbeville, Pickens, Spartanburg and York, obstructing 
the same by throwing any timber or other materials therein, or erecting 
a dam across any such stream, whereby the fall in such stream is lessened 
and the flow of water and sand is obstructed, or the land along said 
stream above such obstruction is damaged, or the health of the community 
is endangered, or having erected any such obstruction and refusing to 
remove the same within eight and forty hours, after notice by any one to 
do so, shall be deemed a misdemeanor, and any person so convicted shall 
be punished by a fine of not less than five nor more than one hundred 
dollars, or imprisonment for not less than ten nor more than thirty days, 
at the discretion of the Court: Provided, That nothing contained in this 
Section shall apply to the constructing of milldams or dams for the pur- 
pose of generating power for any purpose. 

Crim. Code, '12, § 236; 1899, XXIII, 102; 1900, XXIII, 448; 1908, XXV, 1040; 1915, 
XXIX, 80. 

See State v. Hammond, 66 S. C. 219, 300, 44 S. E. 797, 933. 

See cases of State v. Tucker, 54 S. C. 251, 32 S. E. 361, 56 S. C. 516, 35 S. E. 215. 
Balentine v. Hammond, 68 S. C. 153, 160, 46 S. E. 1000. 

Rev. Stat. 1275, as amended by 23 Stat. 448, is in violation of Const., 1895, art. Ill, 
§ 34. as special legislation. State v. Hammond, 66 S. 0. 219, 44 S. E. 797. 

(103) § 76. Duty of Landowners to Clean Out Their Streams.— It 

shall be the duty of all landowners to clean out all streams upon and 
adjacent to their lands at least twice in each year, at such particular 
times as said Boards may 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 main- 
tenance of any dam across any of said streams for any useful purpose: 
Provided, further. That said Boards 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 flood- 
gates or waterways therein and keep them open for such reasonable time 
as they may deem to be necessary. Any person violating any of the 
provisions of this Section shall be deemed guilty of maintaining a nui- 
sance, and, upon conviction, shall be fined not more than fifty dollars, or 
imprisoned not more than thirty days : Provided, That ten days notice to 
abate such nuisance shall have been given. 
Crim. Code, '12, § 237; Crim. Code, '02, § 183; 1900, XXIII, 399. 

State V. Hammond, 66 S. C. 300, 44 S. E. 933. 

Now CONSTITUTIONAIj — 

Pierce v. Marion County Lumber Co., 108 S. C. 387; 94 S. E. 865. 



42 CRIMINAL LAWS 

(104) § 77. Obstructing Streams a Misdemeanor. — Any person who 
shall fell, cut or throw, or cause to be felled, cut or thrown, across or into 
any of said streams, any tree, log or other timber, or any trash, brush, 
debris or obstruction of any kind whatsoever, shall be guilty of a misde- 
meanor, and, on conviction, shall be punished by a fine of not more than 
fifty dollars, or imprisonment for not more than thirty days. 

Crim. Code, '12, § 23S ; Crim. Code, '02, § 184 ; 1900, XXIII, 399. 

See note to § 103, ante. State v. Hammond, 66 S. C. 300, 44 S. E. 933. 
Pierce v. Marion County Lumber Co., 108 S. C. 387; 94 S. E. 865. 

(105) § 78. Exemptions from Operation of Sections (103) and 
(104). — The provisions of Sections (103) and (104) shall not apply to 
nor be enforced in the following counties, to wit : Bamberg, Aiken, Green- 
wood, Colleton, Dorchester, Fairfield, Clarendon, Union, Chesterfield, Sum- 
ter, Darlington, Richland, Berkeley, Lancaster, Barnwell, Hampton, Flor- 
ence, Beaufort, Horry, Kershaw, Lexington, Marlboro, Pickens, York, Ab- 
beville, Georgetown, "Williamsburg, Saluda, Anderson and Oconee. 

Crim. Code, '12, § 239 ; Crim. Code, '02, § 185 ; 1900, XXIII, 899 ; 1916, XXIX, 782. 

(106) § 79. Digging Ginseng on Land of Another. — "Where any person 
in this State shall plant ginseng upon any lands belonging to such person 
or persons, whether the same be enclosed or not, then it shall be unlawful 
for any person to dig said ginseng at any time of the year without the 
permission of the person so planting the same; and any person convicted 
of a violation of the provisions of this Section shall be fined for each and 
every such offense not exceeding one hundred dollars, or imprisonment for 
a term not exceeding thirty days, 

Crim. Code, '12, § 298 ; Crim. Code, '02, § 232 ; 1S99, XXIII, 92. 

(107) § 80. Defrauding Hotels, Hospitals, Etc. — Any person who 
shall at any hotel, inn or boarding house or hospital, order and receive or 
cause to be furnished any food or accommodation based upon contract with 
intent to defraud the owner or proprietor of such hotel, inn or boarding 
house or hospital, out of the value or price of such food or accommo- 
dation based upon contract; and any person who shall obtain credit at 
any hotel, inn or boarding house or hospital by the use of any false pre- 
tense or devise, or by fraudulently depositing at such hotel, inn or board- 
ing house or hospital, any baggage or property of less value than the 
amount of such credit or of the bill by such person incurred, unless credit 
be given by express agreement; and by any person who, after obtaining 
credit or accommodation based upon contract at any hotel, inn or board- 
ing house or hospital, and shall surreptitiously remove his or her baggage 
or property therefrom, shall be deemed guilty of a misdemeanor. Proof 
that lodging, food or other accommodation based upon, contract was ob- 
tained by false pretense or by false or fictitious show or pretense of bag- 
gage, or that he absconded without paying or offering to pay for such food, 
lodging or other accommodation based upon contract or that he surrepti- 
tiously removed or attempted to remove his or her baggage, shall be prima 
facie proof of the fraudulent intent mentioned in this Section. Any person 
convicted of violating the provisions of this Section shall pay a fine of not 
more than fifty dollars, or be imprisoned for not more than thirty days. 



OF SOUTH CAROLINA 43 

in the discretion of the Magistrate : Provided, The provisions of this Section 
shall not include the fees of physicians and surgeons. 
Crim. Code, '12, § 300; 1911, XXVII, 150; 1917, XXX, 165. 

(108) § 81. Procuring' Board by Making Falsely Written Representa- 
tions. — Any person who procures board and lodging or board from any 
boarding house or innkeeper in this State upon the representation in writ- 
ing that there is money due or to become due to him, to be paid on a 
future day, out of which he promises to pay for such board and lodging or 
board, and fails or refuses to so apply such money when collected by him, 
shall be guilty of a misdemeanor, and, on conviction, shall pay a fine not 
exceeding fifty dollars, or be imprisoned not more than thirty daj^s : Pro- 
vided, That if such person shall pay the amount due by him for such 
board and lodging, or board and the costs of the prosecution, the case may 
be discontinued, in the discretion of the Magistrate issuing the warrant. 

Crim. Code, '12 § 301; Crim. Code, '02, § 221; 1898, XXII, 792. 

(109) § 82. Unlawful to Allow Domestic Animals to Run at Large. — 

It shall be be unlawful for the owner or manager of any mule, horse, ass, 
jennet, swine, sheep, goats or neat cattle, of any description, to wil- 
fully or negligently permit the said animals or any of them, or any 
other idomestic animal, to run at large beyond the limits of his own 
land, or the lands leased, occupied or controlled by him. Any owner, 
manager or person violating the provisions of this Section shall be 
subject to a fine for each offense of not more than twenty-five ($25.00) 
dollars, or be imprisoned for not more than twenty-five days. 
1921, XXXII, 200. 

(110) § 83. Removing, Destroying or Leaving Down Fences — Punish- 
ment. — Any person, other than the owner, who shall remove or destroy, 
or leave down, any portion of any fence in this State intended to 
enclose animals of any kind, or crops or uncultivated lands, or who shall 
leave open any gate, or leave down any bars or other structure intended 
for a like purpose, shall be deemed guilty of a misdemeanor; and 
shall be punished by a fine of not less than five nor more than thirty 
dollars, or be imprisoned in the county jail not less than five and not 
more than thirty days. 

Crim. Code, '12 § 229 ; Crim. Code, '02, § 176 ; G. S. 1190 ; R. S. 171 ; 1881, XVII, 
593; 1903, XXIV, 111; 1921. XXXII. 200. 

(111) § 84. Rescuing Trespassing Stock a Misdemeanor. — ^Whenever 
any animal shall be taken up under the provisions of Chapter XXXIV, 
Civil Code, it shall be unlawful for any person to rescue the same or de- 
liver it from the custody of the person impounding it; and whoever shall 
violate this provision shall be deemed guilty of a misdemeanor, and be 
punished as provided in Section (110). 

Crim. Code, '12, § 230 ; Crim. Code, '02, § 177 ; G. S. 1191 ; R. S. 172 ; 1881, XVII, 
593. 

(112) § 85. Traveling Outside of Road a Misdemeanor — ^Proviso. — It 

shall be a misdemeanor for any person wilfully to walk, drive, ride, or to 
allow his team to travel outside of the road on the cultivated lands of an- 



44 CRIMINAL LAWS 

other, punishable as in the next preceding Section: Provided, That in 
case any person charged with this misdemeanor be brought before, or re- 
ported to, a Magistrate, he may discharge himself from any further pro- 
ceedings therein by paying such fine within the above limits as the Mag- 
istrate may impose. 

Grim. Code, '12, § 232 ; Crim. Code, '02, § 178 ; G. S. 1192, R. S. 173 ; 1881, XVII, 
593. 

(113) § 86. In Criminal Prosecutions Defendant May Plead Satisfac- 
tion. — Li all criminal prosecutions for violation of the provisions of Sec- 
tions (110), (111) and (112), the defendant may plead, as a matter of 
defense, the full satisfaction of all reasonable demands of the party or 
parties aggrieved by such violation; and upon said plea being legally 
established, and upon payment of all costs accrued up to the time of such 
plea he shall be discharged from further penalty. 

Crim. Code, '12, § 233 ; Crim. Code, '02, § 179 ; G. S. 1193 ; R. S. 173 ; 1881, XVII, 
^94. 

(114) § 87. Wilful Injury to Property of Corporation a Misdemeanor. 

— Any officer, agent or member of any corporation created under Sec- 
tions (4344) to (4353), of the Civil Co;de, who shall knowingly or wilfully 
injure or damage any property belonging to the corporation, in violation 
of the charter or by-laws of said corporation, shall be guilty of a misde- 
meanor, and, upon conviction, shall be punished by a fine not exceeding one 
hundred dollars or imprisoned not exceeding thirty days. 
Crim. Code, '12, § 258 ; Crim. Code, '02, § 198 ; 1900, XXIII, 390. 

(115) § 88. Embezzlement of Funds, a Misdemeanor. — Any commis- 
sioned officer or enlisted man of the South Carolina Reserve Militia who 
shall misapply, embezzle, or convert to his own use without authority, any 
moneys received by or entrusted to him for disbursement, shall be deemed 
guilty of a misdemeanor, and, on conviction thereof, shall be sentenced as 
for like offenses under the criminal laws of this State. 

1918, XXX, 874. 

(116) § 89. Purchase, Etc., of Military Stores, Etc., a Misdemeanor 
— Penalty. — Any person knowingly and wilfully purchasing, or receiv- 
ing in pawn or pledges, any arm, accoutrement, equipment, article of 
military clothing, tent, or fly ; or any quartermaster, medical, engineer, or 
signal property; or ordnance or ordnance stores, the property of the State 
of South Carolina, or of the United States in use by the State, shall be 
deemed guilty of a misdemeanor, and, upon conviction in any Court of 
criminal jurisdiction, shall be sentenced to an imprisonment of not exceed- 
ing one year and a fine of not exceeding three hundred dollars. 

1918, XXX, 874. 

(117) § 90. Injury to Drainage Works. — It shall be unlawful for 
any person to injure or damage or obstruct or build any bridge, fence, or 
floodgate in such a way as to injure or damage any levee, ditch, drain, or 
water-course constructed or improved under the provisions of Article I, 
Chapter XXXIII, Civil Code, and any person causing such injury shall be 



OF SOUTH CAROLINA 45 

guilty of a misdemeanor, and, upon conviction thereof, may be fined in 
any sum not exceeding twice the damage or injury done or caused. 
Civ. '12, § 2224; 1911, XXXII, 92. 

(118) § 91. Obstruction of or Injury to Drainage Works a Misde- 
meanor — Penalty. — ^Whoever shall wilfully obstruct any canal, drain, 
ditch, or watercourse, or shall damage or destroy any drainage works 
constructed under the provisions of Article IV, Chapter XXXIII, Civil 
Code, shall be deemed guilty of a misdemeanor, and upon conviction 
thereof, shall be fined in a sum not exceeding five hundred dollars, or 
be confined in the county jail for a period not exceeding six months, and 
in addition thereto shall be liable to the district or the person or per- 
sons injured for double the cost of removing such obstructions or repair- 
ing such damage, and for the full amount of injury occasioned to any 
lands or crops or other property by reason of such misconduct. 

1920, XXXI, 663. 

(119) § 92. Procedure and Penalty in Case of Fire Due to Crim- 
inal Carelessness. — If the officer shall consider that the fire be due to 
criminal carelessness, the person responsible for the same shall be in- 
dicted before a Magistrate for a misdemeanor, and, upon conviction of the 
same, may be fined in a sum not exceeding fifty ($50.00) dollars, or im- 
prisonment fo:r not more than ten days. 

1917, XXX, 361. (See also Vol. III.) 

(120) § 93. Penalty on Takers of Estrays for Not Obeying the Law. 

— ^Each and every person who shall take into his or her possession any 
estray, and neglect to pursue the directions of Chapter LVII, Civil Code, 
or shall convert to his or her use any such estray, shall be liable to a 
fine of twenty dollars, to be recovered upon information, in any Court 
of record having jurisdiction of the same in this State, to be given to the 
informer; and shall also be liable to an action by the owner of any such 
estray for damages. 
Civ. '12 § 8396 ; Civ. '02, § 2285 ; G. S. 1620 ; R. S. 1812 ; 1803, V, 466. 

(121) § 94. Penalty for Suppressing Will. — Any executor, devisee, 
legatee, guardian, attorney or other person who shall fail to deliver any 
last will and testament, including any codicil or codicils thereto, as re- 
quired in Section 28, of Chapter LXX, Civil Code, upon conviction 
thereof, shall be punished as for a misdemeanor. 

1912, XXVII, 765. 

(122) § 95. Further Penalty For Suppressing Will. — Any person 
who shall intentionally or fraudulently destroy, suppress, conceal or fail 
to file with the Judge of the Probate Court having jurisdiction to admit 
it to probate any last will and testament, including any codicil or codi- 
cils thereto, for the purpose and with the intent to prevent the institution 
of proceedings for its probate, shall, upon conviction thereof, be punished 
by a fine of not more than five hundred dollars, or by imprisonment not 
more than one year, or both, in the discretion of the Court. 

1912, XXVII, 765. 



46 CRIMINAL LAWS 

CHAPTER m. 

Offenses Against Public Policy and Violations of Regulations for Trade 

and Business. 

(123) § 1. Penalty for Setting up Lotteries. — Whoever shall pub- 
licly or privately erect, set up or expose to be played, drawn at, or 
shall cause or procure to be erected, set up, exposed to be played, drawn or 
thrown at, any lottery, under the denomination of sales of houses, lands, 
plate, jewels, goods, wares, merchandise, or other things whatsoever, or for 
money, or by any undertaking whatsoever, in the nature of a lottery, by 
way of chances, either by dies, lots, cards, balls, numbers, figures, or 
tickets, or who shall make, write, print or publish, or cause to be made, 
written, or published, any scheme or proposal for any of the purposes 
aforesaid, and shall be convicted of any of the offenses aforesaid, on any 
indictment for the same, at the Court of General Sessions, shall forfeit the 
sum of one thousand dollars, one-third thereof to and for the use of this 
State, one-third part thereof to the informer, and the other third part 
thereof to the county where the offense shall be committed ; and shall, also, 
for every such offense, be committed by the said Court to the common jail 
for the space of twelve months. 

Crim. Code, '12, § 259 ; Crim. Code, '02, § 199 ; G. S. 2596 ; R. S. 185 ; 1762, lY, 180. 

Raffling not a lottery. State v. Pinchbaek, 2 Mill 128. Cited Rountree v. Ingle, 94, S. C. 
231; 77 S. E. 931. 

(124) § 2. Penalty for Adventuring in Lotteries. — Whoever shall be 
adventurer in, or shall pay any moneys or other consideration, or shall in 
any way contribute unto or upon account of, any sales or lotteries, shall 
forfeit, for every such offense, the sum of one hundred dollars to be re- 
covered, with costs of suit, by action or indictment in any Court of com- 
petent jurisdiction in this State, one moiety thereof to and for the use of 
the State, and the other moiety thereof to the person or persons who shall 
inform and sue for the same. 

Crim. Code, '12, § 260; Crim. Code, '02; § 200; G. S. 2597; R. S. 186; 1762, lY, 180. 

Cited Rountree v. Ingle. Supra. 

(125) § 3. Penalty for Selling Lottery Tickets. — It shall be unlawful 
to offer for sale any lottery tickets, or to open or keep any office for the 
sale of lottery tickets; and if any person shall offend against any of the 
provisions of this Section, he shall, on conviction thereof, forfeit and pay 
to the State a sum not exceeding ten thousand dollars ; and it shall be the 
duty of the County Treasurer of the county to prosecute the offender. 

Crim. Code, '12, § 261; Crim. Code, '02, § 201; G. S. 2.59S; R. S. 187; 1846, XI, 368. 

See state v. Allen. 2 McC. 55 — prior to amendment of 1846. 

(126) § 4. Unlawful to Maintain an Office to Deal in Futures. — It 
shall be unlawful for any person, association of persons, or corporation, 
either as principal or agent, to establish, maintain or operate an office or 
other place of business in this State for the purpose of carrying on or en- 
gaging in the business, forbidden by Sections (127) and (128). commonly 
called dealing in futures or margins, and any person violating the pro^d- 
sions of this Section shall be guilty of a misdemeanor. 

Crim. Code, '12, § 262 ; 1907, XXY, 614. 



OF SOUTH CAROLINA 47 

(127) § 5. Contracts for Futures Void. — Every contract or agree- 
ment, whether or not in writing, whereby any person or corporation shall 
agree to buy or sell and deliver, or sell with an agreement to deliver, any 
wheat, cotton, corn, or other commodity, stock, bond, or other security to 
any other person or corporation, when in fact it is not in good faith in- 
tended by the parties that an actual delivery of the articles or things shall 
be made, it is hereby declared to be unlawful, whether made or to be 
performed wholly within this State, or partly within and partly without 
this State; it being the intent of Sections (126) and (129) to prohibit any 
and all contracts or agreements for the purchase on sale and delivery of any 
commodity or other thing of value on margin, commonly called dealing in 
futures, when the intention or understanding of the parties is to receive 
or pay the difference between the agreed price and the market price at 
the time of settlement : Provided, That nothing herein contained shall 
be construed to apply to transactions by mail or wire between persons in 
this State and persons outside of this State, where the person outside this 
State is not represented in this State by any broker, agent or attorney in 
said transaction. 

Crim. Code, '12, § 263 ; 1907, XXV, 614. 

As to sales of goods for future delivery, see Gist v. Western Union Tel. Co., 45 S. C. 344, 
23 S. B. 143: Riodan v. Doty. 50 S. C. 537, 27 S. E. 947: Harvey v. Doty, 54 S. 0. 382, 
32 S. E. 501; 50 S. C. 548, 27 S. E. 943; Barr v. Satcher, 72 S. C. 35, 51 S. E. 530; Randolph v. 
Walker, 78 S. C. 161, 59 S. E. 856; Knight v. Etna Cotton Mills, 80 S. C. 213, 61 S. E. 396; 
Cousar v. Heath, etc., Co., 80 S. C. 466, 61 S. E. 793; Sampson v. Camperdown Mills, 82 Fed. 
833; Parker v. Moore, 111 Fed. 470; reversed in 115 Fed. 799; retried on Circuit and reported 
in 125 Fed. 807; Springs & Co. v. Carpenter, 154 Fed. 487, 83 C. C. A. 327; Richmond 
Guano Co. r. Farmers, etc., Ginnerv Co., 126 Fed. 712, 61 C. C. A. 630; Sprunt v, Hurst- 
Streator Co., 180 Fed. 782. 

(128) § 6. Misdemeanor to Make Contracts for Futures. — Every 
person who shall become a party to any such contract or agreement as is by 
Sections (126) and (127) made unlawful, and every person who shall as 
agent, directly or indirectly, participate in making or furthering or effec- 
tuating the same, and every agent or officer of any corporation who shall 
in any way knowingly aid in making or furthering any such contract or 
agreement, shall be deemed guilty of a misdemeanor. 

Criru. Code, '12, § 264; 1907, XXV, 614. 

(129) § 7. Penalty for Violating Provisions of Sections (126) to (129) 
Relating to Futures. — Any person or persons guilty of the violation of 
any of the provisions of Sections (126) to (129), inclusive, shall, upon 
conviction, be fined not less than one hundred ($100) dollars nor more 
than five hundred ($500) dollars, and be imprisoned in the discretion of 
the Court. 

Crim. Code, '12, § 270; 1907, XXV, 614. 

(130) § 8. Unlawful for Certain Officers to Accept Passes. — It shall 
be unlawful for any person, while a member of the Senate, or of the House 
of Kepresentatives, State or National, or any State or County official, or 
any Judge of a Court of record in this State, to use any free pass, express 
or telegraph frank, or complimentary ticket, or to ride without paying the 
usual fare on any railroad in this State. Any person, upon conviction of 
a violation of the provision of this Section, shall be deemed guilty of a 
misdemeanor, and shall be liable to a fine not to exceed five hundred dol- 



48 CRIMINAL LAWS 

lars, or imprisonment not to exceed six months : Provided, That nothing 
herein contained shall apply to the Commissioner of Agriculture, Com- 
merce and Immigration. 

Crim. Code, '12, § 273; Crim. Code, '02, § 204; R. S. 190; 1891, XX, 1047; 1905, 
XXIV, 900. 

(131) § 9. Unlawful to Offer Passes. — It shall be unlawful for any 
transportation or transmitting company, or any person representing same, 
to issue, or offer to issue a free pass or any special or reduced rates not 
common to the public, to any member of the Legislature of the State, or 
member of Congress from this State, or any State or County official, or 
any Judge of a Court of record in this State: Provided, That nothing 
herein contained shall apply to the Commissioner of Agriculture, Com- 
merce and Immigration. 

Crim. Code, '12, § 274; Crim. Code, '02, § 205; R. S. 191; 1891, XX, 1047; 1905, 
XXIV, 900. 

(132) § 10. Giving or Taking Bribes, Etc., to or by Certain Agents, 
Servants or Employees. — Whoever corruptly gives, offers or promises to 
an agent, employee or servant, any gift or gratuity whatever, with intent 
to influence his action in relation to his principal's, employer's or mas- 
ter's business; or an agent, employee or servant who corruptly requests or 
accepts a gift or gratuity or a promise to make a gift, or to do an act ben- 
eficial to himself under an agreement or with an understanding that he 
shall act in any particular manner in relation to his principal's, employer's 
or master's business; or an agent, employee or servant who, being author- 
ized to procure materials, supplies or other articles, either by purchase 
or contract for his principal, employer or master, receives directly or in- 
directly, for himself or for another, a commission, discount or bonus from 
the person who makes such sale or contract, or furnishes such materials, 
supplies or other articles, or from a person who renders such service or 
labor; and any person who gives or offers such an agent, employee or 
servant such commission, discount or bonus, shall be punished by a fine 
of not more than five hundred dollars, or by such fine and by imprison- 
ment for not more than one year. 

Crim. Code, '12, § 277; 1905, XXIV, 942. 

(133) § 11. No Gift or Premium to Be Offered to the Purchaser- 
Penalty for Violation. — No person shall sell, exchange or dispose of any 
article of food, or attempt to do so, upon any representation, advertise- 
ment, notice or indictment that anything other than what is specially 
stated to be the subject of the sale or exchange is or is to be delivered or 
received, or in any way connected with or a part of the transaction as a 
gift, prize, premium, or reward to the purchaser. Any person violating 
any of the provisions of this Section shall be deemed guilty of a misde- 
meanor, and, upon conviction thereof, shall be punished by a fine not ex- 
ceeding one hundred dollars, or by imprisonment not exceeding thirty 
days. 

Crim. Code, '12, § 278; Crim. Code, 1902, § 206; R. S. 192; 1887, XIX, 812. 



OF SOUTH CAROLINA 49 

(134) § 12. Fraud by Officer or Stockholder a Misdemeanor. — Any 

officer or stockholder of any corporation who shall knowingly and wilfully 
make, or cause to be made, any fraudulent misrepresentation as to either 
capital, property or resources of the corporation, shall be held guilty of 
a misdemeanor, and, upon conviction thereof, shall be punished by a fine 
of not more than two thousand dollars, or by imprisonment for not longer 
than two years, or both, at the discretion of the Court. 

Crim. Code, '12, § 281 ; Crim. Code, 1902, § 209 ; R. S. 195 ; 1898, XIX, 546 ; 1896, 
XXII, 101. 

(135) § 13. Penalty for Discounting, Etc., Pension Claims. — Any 

person who shall discount, shave, or in any manner speculate in, the claim 
or application of any soldier, sailor, or widow, made under the pension 
laws of this State, shall be guilty of a misdemeanor, and, upon conviction, 
shall be fined not exceeding one thousand dollars, or imprisonment not ex- 
ceeding thirty days, or both, at the discretion of the Court. 
Crim. Code, '12, § 282 ; Crim. Code, '02, § 210 ; R. S. 196 ; 1897, XIX, 828. 

(136) § 14. Penalty for Making Fraudulent Pensions Claims. — Any 

person who shall fraudulently personate any soldier, sailor, or widow, for 
the purpose of obtaining the benefit of the pension laws of this State, or 
who shall knowingly make or cause to be made any false application or 
statement, or by any false or fraudulent statement procure such statement 
to be made, approved or paid, shall be guilty of a misdemeanor, and, upon 
conviction, shall be punished by fine not exceeding two hundred dollars, 
or imprisonment not exceeding six months, or both, at the discretion of 
the Court. 

Crim. Code, '12, § 283; Crim. Code, '02, § 211; R. S. 197; 1897, XIX, 828. 

(137) § 15. Unlawful to Wear or Sell Confederate Crosses of Honor 
Except as Prescribed — Punishment. — It shall be unlawful for any person 
to wear as a badge, or expose upon their person, or to sell, or offer for 
sale, or otherwise dispose of, or use, or to manufacture, any badge or in- 
signia known as the Confederate Cross of Honor, or any counterfeit or 
likeness of such badge, unless such badge has been conferred or bestowed, 
or authorized to be bestowed, by the United Daughters of the Confederacy, 
upon such wearer, or in any other way than that prescribed by the rules 
and regulations made and adopted by the United Daughters of the Con- 
federacy. Any violation of the provision of this Section shall be punished 
by a fine of not less than one hundred ($100) dollars nor more than five 
hundred ($500) dollars, or be imprisoned for not less than twelve (12) 
months nor more than five (5) years. 

Crim. Code, '12, § 284; '02, XXIII, 1097; 1905; XXIV, 954. 
97 S. C. 7; 81 S. E. 959. 

(138) § 16. Unlawful for Non-Members to Wear Emblem of American 
Legion. — ^It shall be unlawful for any person than a member of the 
American Legion in good standing wilfully to wear the button, which 
is the official insignia or emblem of the said organization. Any wilful 
violation of the provisions of this Section, shall subject the offender to 



5 C L 



50 CRIMINAL LAWS 

a fine of not exceeding one hundred ($100.00) dollars or imprisonment 
not exceeding thirty (30) days. 
1921, XXXII, 212. 

(139) § 17. Imitation of Names, Emblems, Etc., of Certain Organi- 
zations Prohibited. — 1. No person, society, or organization shall assume, 
use, or adopt, or become incorporated under, or continue to use the name 
and style or emblems of any benevolent, fraternal, social, humane or 
charitable organization previously existing in this State, and which has 
been incorporated under the laws of this or any other State, or of the 
United States, or a name and style or emblems, so nearly resembling the 
name and style of such incorporated organization as to be colorable imita- 
tion thereof. In all cases where two or more of such societies, associations 
or corporations claim the right to the same name, or to name substantially 
similar as above provided, the organization which was first organized and 
used the name, and first became incorporated under the laws of the United 
States or of any State of the Union, whether incorporated in this State 
or not, shall be entitled in this State to the prior and exclusive use of such 
name, and the rights of such societies, associations or corporations and of 
their individual members shall be fixed and determined accordingly. 

2. Injunctions May Be Issued to Restrain Improper Use Thereof. 
— Whenever there shall be an actual or threatened violation of the provi- 
sions of this Section, the organization entitled to the exclusive use of the 
name in question, under the terms of said Section, shall have the right to 
apply to the proper Courts for an injunction to restrain the infringement 
of its name and the use of its emblems, and if it shall be made to appear 
to the Court that the defendants are in fact infringing or about to infringe 
the name and style of a previously existing benevolent, fraternal, social, 
humane, or charitable organization in the manner prohibited in said Sub- 
division 1 of this Section, or that the defendant or defendants are wearing 
and using the badge, insignia or emblems of said organization, without the 
authority thereof in violation of said Subdivision 1, an injunction may be 
issued by the Court under the principles of equity, without requiring 
proof that any person has been in fact misled or deceived by the infringe- 
ment of such name, or the use of such emblem. 

3. Misdemeanor. — Any person who shall wear a badge, button, or other 
emblem, or shall use the name, or claim to be a member of any benevolent, 
fraternal, social, humane, or charitable organization which is entitled to 
the exclusive use of such name and emblems under Subdivision 1 of this 
Section, either in the identical form or in such near resemblance thereto 
as to be a colorable imitation of such emblems and name, unless entitled 
so to do under the laws, rules and regulations of such organization, shall 
be guilty of a misdemeanor, and, upon conviction thereof, shall be punished 
by a fine of not less than one hundred dollars or more than one thousand 
dollars, or imprisonment in the State Penitentiary for not less than thirty 
days or more than one year. 

Crira. Code, '12, § 2S5 ; 1910, XXVI, 723 ; 1910, XXVI, 779 ; 1906, XXV, 118. 

The punishment in this Section codified from Act approved February 24, 1910, XXVI, 
723, differs from that prescribed in Act approved February 23, 1910, XXVI, 779, and the Act 
of 1906. XXV, 118. 



OF SOUTH CAROLINA 51 

(140) § 18. Unlawful to Imitate or Counterfeit Labels, Etc., of Union 
of Workmen — Penalty. — AVhenever any person, or any association or 
union of workingmen, has heretofore adopted or used, or shall hereafter 
adopt or use, any label, trade mark, term, design, device or form of ad- 
vertisement for the purpose of designation, making known, or distinguish- 
ing any goods, wares, merchandise, or other product of labor as having 
been made, manufactured, produced, prepared, packed, or put on sale by 
such person, or association or union of working men, or by a member, or 
members, of such association or union, it shall be unlawful to counterfeit 
or imitate such label, trademark, term, design, device, or form of adver- 
tisement, or to use, sell, offer for sale, or in any way utter or circulate any 
counterfeit or imitation of any such label, trademark, term, design, device, 
or form of advertisement. Whoever knowingly counterfeits or imitates 
any such label, trademark, term, design, device or form of advertisement 
which has been filed and recorded in the office of Secretary of State, as 
hereinafter provided; or knowingly sells, offers for sale, or in any way 
utters or circulates any counterfeit or imitation of any such label, trade- 
mark, term, design, device, or form of advertisement ; or knowingly keeps 
or has in his possession, with intent that the same shall be sold or dis- 
posed of, any goods, wares, merchandise, or other product of labor to which 
or on which any such counterfeit or imitation is printed, painted, stamped, 
or impressed; or knowingly sells or disposes of any goods, wares, mer- 
chandise, or other product of labor contained in any box, case, can, or 
package to which or on which any such counterfeit or imitation is attached, 
affixed, printed, painted, stamped or impressed ; or knowingly keeps or has 
in his possession, with intent that the same shall be sold or disposed of, 
any goods, wares, merchandise, or other product of labor in any box, case, 
can or package to which or on which any such counterfeit or imitation 
is attached, affixed, printed, painted, stamped, or impressed, shall be pun- 
ished by a fine of not more than one hundred dollars, or by imprisonment 
for not more than three months. 

Crim. Code, '12, § 286; 1910, XXVI, 781. 

(141) § 19. Labels, Etc., to Be Recorded With Secretary of State. — 

Every such person, association, or union, that has heretofore adopted or 
used, or shall hereafter adopt or use, a label, trademark, term, design, 
device, or form of advertisement, as provided in Section (140) shall file 
the same folr record in the office of the Secretary of State by leaving two 
copies, counterparts or fac similes thereof with said Secretary, and by 
filing therewith a sworn application specifying the name or names of the 
person, association, or union on whose behalf such label, trademark, term, 
design, device, or form of advertisement shall be filed, the class of mer- 
chandise and a description of the goods to which it has been or is intended 
to be appropriated, stating the parties so filing, or on whose behalf such 
label, trademark, term, design, device, or form of advertisement shall be 
filed, has the right to the use of the same ; that no other person, firm, asso- 
ciation, union, or corporation has the right to such use, either in the identi- 
cal form or in any such near resemblance thereto as may be calculated to 
deceive, and that the fac similes or counterparts filed therewith are true 



52 CRIMINAL LAWS 

and correct, before there shall be any liability to any suit or proceeding 
for any violation of Section (140) to (144), inclusive. There shall be paid 
for such filing and recor;ding a fee of one dollar. Said Secretary of State 
shall cause a description of such label, trademark, term, design, device, 
or form of advertisements to be published once a week for three succes- 
sive weeks, at the expense of the applicant, in some newspaper published 
in the City of Columbia. After such publication said Secretary shall de- 
liver to such person, association, or union, so filing or causing to be filed, 
any such label, trademark, term, design, device, or form of advertise- 
ment, so many duly attested certificates of the recording of the same as 
such person, association, or union may apply for, for each of which certi- 
ficates said Secretary shall receive a fee of one dollar. Any such certifi- 
cate of record shall in all suits and prosecutions under this Section be 
sufficient proof of the adoption of such label, trademark, term, design, 
device, or form of advertisement. Said Secretary of State shall not re- 
cord for any person, union, or association any label, trademark, term, de- 
sign, device, or form of advertisement that would probably be mistaken 
for any label, trademark, term, design, device, or form of advertisement 
therefore filed by or on behalf of any other person, union, or associa- 
tion. 
Crim'. Code, '12, § 287; 1910, XXVI, 781. 

(142) § 20. Penalty for Fraudulent Registration of Labels, Etc., — 

Any person who shall, for himself or on behalf of any other person, asso- 
ciation or union, procure the filing of any label, trademark, term, design, 
device, or form of advertisement in the office of the said Secretary of 
State, under the provisions of Section (141), by making any false or 
fraudulent representations, or declarations, verbally or in writing, or by 
any fraudulent means, shall be liable to pay any damages sustained in con- 
sequence of any such filing, to be recovered by or on behalf of the party 
injured thereby in any Court having jurisdiction, and shall be punished 
by a fine not exceeding one hundred dollars, or by imprisonment not ex- 
ceeding three months. In any suit or prosecution under the provisions of 
Sections (139) to (144), inclusive, the defendant may show that he or it 
was the owner of such label, trademark, term, design, device, or form of 
advertisement prior to its being file,d under the provisions of Section 
(141) and that it has been filed wrongly or without right by some other 
person, association, or union. 
Crim. Code, '12, § 288; 1910, XXVI, 781. 

(143) § 21. Unlawful Use May Be Enjoined. — Every such person, 
association, or union, adopting or using a label, trademark, term, design, 
device, or form of advertisement as aforesaid, may proceed by suit to en- 
join the manufacture, use, display, or sale of any counterfeit or imitations 
thereof, and all Courts of competent jurisdiction may grant injunctions to 
restrain such manufacture, use, display, or sale, and may award the com- 
plainant in any such suit damages resulting from such manufacture, use, 
sale, or display, as may be by said Court deemed just and reasonable, and 
may require the defendants to pay to such persons, association, or union, 
all profits derived from such wrongful manufacture, use, display or sale; 



OF SOUTH CAKOLINA 53 

and such may also order that all such counterfeits or imitations in the 
possession or under the control of any defendants in such case to be de- 
livered to an officer of the Court, or to the complainant, to be destroyed. 
In all cases where such association or union is not incorporated, suits under 
Section (140) to (144), inclusive, may be commenced and prosecuted by 
an officer or member of such association or union, on behalf of and for 
the use of such association or union. 
Crim. Code, '12, § 289; 1910, XXVI, 781. 

(144) § 22. Unlawful to Use Seal — Trade-Marks. — Any person or 
persons who shall in any way use the name or seal of any such person, 
association, or union, or officer thereof, in and about the sale of goods or 
otherwise, not being authorized to use same, shall be guilty of a misde- 
meanor, and shall be punished by imprisonment for not more than three 
months, or by a fine of not more than one hundred dollars. The provisions 
of Sections (140) and (144), inclusive, shall not abridge any rights to any 
trademarks existing at the time of the passage of this Statute, whether 
the same shall be recorded or not, nor any remedies or rights of action 
otherwise or theretofore existing in favor of owners of trademarks. The 
Judicial Courts of the several Judicial Districts shall have jurisdiction 
of all complaints for violations of Sections (139) to (144), inclusive. 

Crim. Code, '12, § 290; 1910, XXVI, 781. 

(145) § 23. Misdemeanor to Remove Any Stat© Line Marks. — Any 

person who shall deface, disturb or remove any granite post or marking, 
whether wood, stone, or metal, duly placed by competent authority on the 
State line of this State, shall be deemed guilty of a misdemeanor, and, 
on conviction, shall be fined not less than one hundred dollars, or impris- 
oned not less than six months. 

Crim. Code, '12, § 291; 1906, XXV, 63. 

(146) § 24. Importation of Stock Infected with Glanders Forbidden 
— Penalty. — It shall be unlawful for any person or persons to transport 
within the borders of this State any horse, mule, or ass infected with 
glanders. Any person or persons violating the provisions of this Section, 
unless he can produce a clean bill of health from some veterinary surgeon 
that the said stock was not infected with said disease when transported 
within the borders of this State, shall be liable for all damages attending 
the introduction of said disease, to be recovered by any person so damaged, 
and shall also be deemed guilty of a misdemeanor, and, on conviction, 
shall be fined in a sum not exceeding five hundred dollars, or be imprisoned 
not exceeding twelve months. 

Crim. Code, '12, § 294 ; Crim. Code, '02, § 370 ; R. S. 516 ; 1890, XX, 709. 

(147) § 25. Misdemeanor for Bank Officials to Furnish False Cer- 
tificate to Comptroller-G-eneral. — Whenever an officer of any bank en- 
gaged in business in this State shall be called upon by the Comptroller Gen- 
eral, or any of his clerks or agents, for a certificate of the amount of 
cash on deposit to the credit of any public officer for use in settlements 
with such public officer, and shall wilfully and knowingly give a false 
certificate or statement, the officer or person signing such false certificate 



54 CRIMINAL LAWS 

or statement shall be deemed guilty of a misdemeanor, and, upon con- 
viction, shall be punished by a fine of not less than one hundred dollars 
nor more than five hundred dollars, or by imprisonment not more than six 
months nor less than three months, in the discretion of the Court. 
Crim. Code, '12, § 297; 1910, XXYI, 566. 

(148) § 26. Digging or Pulling up Ginseng a Misdemeanor — When. — 

If any person shall dig in this State any ginseng, pull up the roots or in 
any manner injure them, from the 15th day of March till the 15th day 
of September in any year, such person shall be guilty of a misdemeanor, 
and, on conviction thereof, shall be punished b}^ a fine of not more than 
one hundred dollars, or imprisonment for not more than thirty days. 
Crim. Code, '12, § 299; Crim. Code, '02, § 231; 1S99, XXIII, 92. 

(149) § 27. Rebates Collected and Retained by Public OflBcers Mis- 
demeanor. — Any State or County officer in this State who shall receive 
or collect any rebate, commission or discount from any person, persons or 
corporations upon the purchase of any books, or any other property, or 
supplies, or from printing or advertising, whether for use of State or 
county, and shall fail or refuse to pay the same to the proper State or 
county authorities at the time of receiving the same, shall be deemed guilty 
of a misdemeanor, and, upon conviction, shall be punished by a fine or im- 
prisonment, in the discretion of the Court, and shall also forfeit his said 
office. 

Crim. Code, '12, § 30.3; Crim. Code, '02, § 223; 1897, XXII, 519. 

(150) § 28. Carrying. Sale, Etc., of Pistols Regulated— Penalty— Ex- 
ceptions. — It shall be unlawful for any one to carry about the person, 
whether concealed or not, any pistol less than twenty inches long and three 
pounds in weight, and it shall be unlawful for any person, firm or corpor- 
ation to manufacture, sell or offer for sale, lease, rent, barter, exchange 
or transport for sale or into this State, any pistol of less length and 
weight. Any violation of this Section shall be punished by a fine of not 
more than one hundred ($100) dollars or imprisonment for not more than 
\iiirty (30) days; and in case of a sale by a person, firm or corporation, 
the sum of one hundred ($100) dollars shall be forfeited to and for the use ' 
of the school fund of the county wherein the violation takes place, to be 
recovered as other fines and forfeitures : Provided, This Section shall not 
apply to peace officers in the actual discharge of their duties, or to carry- 
ing or keeping of pistols by persons while on their own premises. In case 
it shall appear to the satisfaction of the presiding Judge or Magistrate 
before whom such offense is tried that the defendant had good reasons to 
fear injury to his person or property, and carried said weapon to protect 
himself or property, he may, in his discretion, suspend sentence : Provided, 
Nothing herein contained shall abridge the right of self-defense. 

Crim. Code, '12, § 157; Crim. Code, '02, § 129; 1901, XXIII, 748; 1910, XXVI, 
718; 1903, XXIY, 127; 1902, XXIII, 1093; 1901, XXIII, 748. 

This Section distinguished from § 151, in State v. .Johnson. 70 S. C. 386. 50 S. C. 8. 

Does not prohibit carrjing -weapons in a satchel. State r, Weston. 108 S. C. 383; 94 S. E. 871. 

(151) § 29. Carrying Concealed Weapons a Misdemeanor. — Any per- 
son carrying a pistol, dirk, slingshot, metal knuckles, razor, or other deadly 



OF SOUTH CAROLINA 55 

weapon usually used for the infliction of personal injury, concealed about 
his person, shall be guilty of a misdemeanor, and, upon conviction thereof 
before a Court of competent jurisdiction, shall forfeit to the county the 
weapon so carried concealed, and be fined in the sum of not more than 
one hundred dollars and not less than twenty dollars, or imprisoned not 
more than thirty nor less than ten days, in the discretion of the Court. 
Nothing herein contained shall be construed to apply to persons carrying 
concealed weapons upon their own premises, or peace oificers in the actual 
discharge of their duties as peace officers. 

Crim. Code, '12, § 158 ; Crim. Code, '02, § 130 ; G. S. 2472 ; R. S. 129 ; 1880, XVII, 
448; 1894, XXI, 824; 1897, XXII, 423; 1900, XXIII, 446. 

It is necessary to conviction under this Section for carrying a concealed weapon for the 
State to prove that it was concealed about the person. State v. Johnson, 16 S. C. 187. 

Cited in State v. Johnson, 70 S. C. 384, 50 S. E. 8; State v. Norton, 69 S. C. 458, 48 S. E. 464; 
State V. Hasty, 76 S. C. 113, 56 S. E. 669. 

(152) § 30. Clerks of Courts and Mayors Authorized to sell For- 
feited Weapons. — It shall be the duty of Clerks of Courts in each county 
of this State to keep in a suitable book the make, brand, calibre, number 
and other descriptions that will identify any forfeited weapon. And the 
said Clerks of Court are hereby authorized to sell any forfeited weapon 
to any one who, under the law, may carry such weapons, to licensed dealers 
in this State, or to persons or dealers out of the State. The said Clerks 
of Court shall receive 10 per cent, of the amount of sale as his fee : Pro- 
vided, In no event shall the fee exceed one dollar; the balance to go into 
the school fund of the county, and all Mayors of towns and cities in which 
weapons are forfeited shall have the same duties and powers as the Clerk 
of Court, and the funds obtained from such sale shall go into the town or 
city treasury. 

1913, XXVIII, 198. 

(153) § 31. Assault, Etc., with Concealed Weapon. — If any person be 
convicted of assault, assault and battery, assault or assault and battery 
with intent to kill, or of manslaughter, and it shall appear upon the trial 
that the assault, assault and battery, assault or assault and battery with 
intent to kill, or manslaughter, shall have been committed with a deadly 
weapon of the character specified in Section (151) carried concealed upon 
the person of the defendant so convicted, the presiding Judge shall, in 
addition to the punishment provided by law for such assault, assault and 
battery, assault or assault and battery with intent to kill, or manslaughter, 
inflict further punishment upon the person so convicted, by confinement 
in the Penitentiary for not less than three months, nor more than twelve 
months, with or without hard labor, or a fine of not less than two hundred 
dollars, or both fine and imprisonment, at the discretion of the said Judge. 

Crim. Code, '12, § 160; Crim. Code, '02, § 1-32; 1897, XXII, 427. 

Under indictment for assault with pistol with intent to kill, where jury find a verdict of "guilty 
of an aggravated assault and hattery," the words "and battery" were stricken out as surplusage 
and the verdict was held good. State v. Robinson, 31 S. C. 453, 10 S. E. 101. 

This Section must he construed with § 150, and the bill of indictment must include count 
for carrying concealed weapons, and there must be a finding of guilty thereon before any 
punishment therefor can be imposed. State v. Johnson, 70 S. C. 384; 50 S. E. 8. 

(154) § 32. Penalty for Interfering with Phosphate Commissioners 
or Mining Without License. — Any person or persons wilfully interfering 
with, molesting, or obstructing, or attempting to interfere with, molest, or 



56 CRBIIXAL LAWS 

obstruct tlie State or tlie said Board of Phosphate Commissioners, or any 
one of them authorized or licensed, in the peaceable possession and occu- 
pation of any of the marshes and navigable streams and waters of the 
State, including the Coosaw River phosphate territory, or who shall dig or 
mine, or attempt to dig or mine, any of the phosphate rock or phosphate 
deposits of this State, without a license so to do by the Board of Phos- 
phate Commissioners, shall be punished for each offense by a fine of not 
less than one hundred dollars or more than fire hundred dollars or im- 
prisonment for not less than one or more than twelve months, or both, 
at the discretion of the Court. 

Crim. Code, '12, § 305: Crim. Code. '02. § 225; R. S. 515: 1900, XX. 694. 

(155) § 33. Obstruction of State Bank Examiner Misdemeanor. — 
Any person who obstructs or interferes with the State Bank Examiner 
in any way in the performance of his duties, shall, upon conviction, be 
deemed guilty of a misdemeanor, and shall be subject to imprisonment for 
not more than one year, or a fine of not more than one thousand dollars, or 
both, in the discretion of the Court. 

Crim. Code, '12, § 306 ; Crim. Code, '02, § 226, 1S96, XXII, 113 ; 1906, XXV, 106 ; 
1911, XXVII, S. 

(156) § 34. Misdemeanor to Interfere with Aids to Navigation. — 
Any person who shall moor any vessel of any kind or name whatsoever, or 
any raft or any part of a raft, to any buoy, beacon or day-mark placed in 
the waters of South Carolina by the authority of the United States Light 
House Board, or shall in any manner hang on with any vessel or raft or a 
part of a raft to any such buoy, beacon or day-mark, or shall wilfully 
remove, damage or destroy any such buoy, beacon or day-mark, or shall 
cut down, remove, damage, or destroy any beacon erected on land in this 
State by the authority of the Luited States Light House Board, or through 
unavoidable accident run down, drag from its position, or in any way 
injure any buoy, beacon or day-mark, as aforesaid, and shall fail to give 
notice as soon as practicable of ha^ung done so, to the Light House Inspec- 
tor or Light House Engineer of the District in which said buoy, beacon or 
day-mark may be located, shall, for every such offense, be guilty of a mis- 
demeanor, and shall be punished by a fine not to exceed two hundred dol- 
lars, or imprisonment not to exceed three months, or both, at the discre- 
tion of the Court. 

Crim. Code, '12. § 307; 1905. XXIV, 914. 

(157) § 35. Unlawful to Anchor to Range Lights. — It shall be un- 
lawful for any vessel to anchor on the range-line of any range of lights 
established by the United States Light House Board, unless such anchorage 
is unavoidable, and the master of any vessel so anchoring shall be guilty of 
a misdemeanor, and, upon conviction, shall be piuiished by a fine not to 
exceed fifty dollars. 

Crim. Code, '12, § 30S ; 1905, XXIV. 914. 

(158) § 36. Changing Position of Buoys, Etc. — Any person having 
charge of any raft passing any buoy, beacon or day-mark, who shall not 
exercise due diligence in keeping clear of it, or, if unavoidably fouling it, 



OF SOUTH CAROLINA 57 

sliall not exercise due diligence in clearing such raft without dragging 
from its position such buoy, beacon, or day-mark, shall be guilty of a mis- 
demeanor, and, upon conviction, shall be punished by a fine not to exceed 
fifty dollars. 

Crim. Code, '12, § 309 ; 1905, XXIV, 914. 

(159) § 37. Cost of Repairs to Be a Lien. — The cost of repairing or 

replacing any such buoy, beacon or day-mark which may have been mis- 
placed, damaged, or destroyed by any vessel or raft whatsoever having 
been made fast to any such buoy, beacon, or day-mark, shall, when the 
same shall be legally ascertained, be a lien upon such vessel or raft, and 
may be recovered against said vessel or raft and the owner or owners 
thereof in an action of debt in any Court of competent jurisdiction in this 
State. 

Crim. Code, '12, § 310; Crim. Code, '02, § 229; R. S. 520; 1S93, XXI, 396. 

(160) § 38. Mutilation of Any Monument a Misdemeanor. — Who- 
ever shall unlawfully or wilfully cut, mutilate, deface, or otherwise injure 
any public, or private monument or tombstone, whether within or without 
any recognized cemetery, or on any battlefield, or who shall cut, injure or 
deface or mutilate any fence or enclosure erected around said such monu- 
ment, or commit any other wilful trespass upon the grounds around said 
monument or tombstone, shall be guilty of a misdemeanor, and, upon con- 
viction, shall be punished by a fine of not less than fifty dollars or more 
than one hundred dollars, or imprisoned for a period of not less than 
twenty days or more than thirty days. 

Crim. Code, '12, § 245; 1910, XXVI, 748. 

(161) § 39. Destruction of Graves and Graveyards a Misdemeanor. — 

Any person or persons who shall wilfully obliterate or desecrate any grave, 
or shall wilfully destroy any plants, trees, decorations, shrubbery, or 
deface or remove any grave-stone, or shall wilfully destroy, tear down or 
injure any fence or other enclosure of any graveyard, shall be guilty of a 
misdemeanor, and, upon conviction, shall pay a fine of not more than 
one hundred nor less than twenty-five dollars, or be confined on the county 
chaingang not more than thirty days nor less than ten days. 
Crim. Code, '12, § 246 ; Crim. Code, '02, § 230 ; 1S99, XXIII, 9S. 

(162) § 40. Destroying, Defacing, Etc., Monuments of United States 
Coast Surveys. — If any person shall wilfully and maliciously destroy, or 
in any manner hurt, damage, or obstruct, or shall wilfully and maliciously 
cause, or aid, or assist, or counsel, or advise, any other person or persons 
to destroy, or in any manner to hurt, damage, injure, or obstruct, any 
signal, monument, building, or any appendage thereto, used or constructed 
under and by virtue of the Act of Congress of the United States, passed 
the tenth day of February, 1807, entitled "An Act to provide for survey- 
ing the coast of the United States," and the supplements thereto, he shall 
be liable to be indicted therefor, and, on conviction, shall be imprisoned 
not less than one month, or pay a fine not exceeding fifty dollars, or both, 
at the discretion of the Court before which such conviction shall take place, 
and shall be further liable to pay all expenses of repairing the same; 



58 CRIMINAL LAWS 

and it shall not be competent for any person so offending to defend himself 
by pleading, or giving in evidence, that he was the owner, or agent, or 
servant of the owner, of the land where such damage was done, or caused, 
at the time the same was caused or done. 

Crim. Code, '12, § 311; Crim Code. '02, § 471; G. S. 2513; R. S. 368; 1847, XI, 
444 ; St. at Large, U. S., Vol. II, 413. 

(163) § 41. Furnishing White and Colored Passengers Meals in Same 
Room at Station Eating Houses. — No persons, firms, or corporations, 
who, or which furnish meals to passengers at station restaurants or sta- 
tion eating houses, in times limited by common carriers of said passengers, 
shall furnish said meals to white and colored passengers, in the same room, 
or at the same table, or at the same counter. Any person, firm, or corpor- 
ation, violating the provisions of this Section, shall, upon conviction, be 
deemed guilty of a misdemeanor, and subject to a fine of not less than 
twenty-five dollars, nor to exceed one hundred dollars, or to imprison- 
ment not to exceed thirty days for each offense. 

Crim. Code, '12, § 314; 1906, XXV, 76. 

(164) § 42. Separation of Races in Electric Cars. — Electric railways 
outside of the corporate limits of cities and towns shall have authority to 
separate the races in their cars, and the conductors in charge of said cars 
are hereby authorized and directed to separate the races in said cars under 
their charge and control. Any conductor who shall fail or refuse to sep- 
arate the races as herein provided, shall, upon conviction, be fined not 
more than one hundred dollars, or be imprisoned for not exceeding thirty 
days for each offense. 

Crim. Code, '12, § 315; 1905, XXIV, 954. 

(165) § 43. Conductors to Have Powers of Peace OflBcers. — Con- 
ductors and other emploj-ees of electric railways while in charge of the 
cars of said railway, are hereby invested with the powers of peace officers 
and authorized to make arrests as in the case of conductors of steam rail- 
roads. 

Crim. Code, '12, § 316; 1905, XXIV, 954. 

.. (166) § 44. Tent Shows to Maintain Separate Entrances for Races. — 

Any circus or other such traveling show exhibiting under canvas or out of 
doors for gain shall maintain two main entrances to such exhibition, and 
one shall be for white people and the other entrance shall be for colored 
people, and such main entrances shall be plainly marked "For White 
People," and the other entrance shall be marked ''For Colored People," 
and all white persons attending such show or traveling exliibition other 
than those connected with the said show shall pass in and out of the 
entrance provided for white persons, and all colored persons attending 
such show or traveling exhibition shall pass in and out of the entrance 
provided for colored persons. Any circus or other such traveling show 
exhibiting under canvas and failing to comply with the provisions of this 
Section shall be deemed guilty of a misdemeanor, and, upon conviction, 
shall be fined not more than $500.00. The Sheriffs of the counties in which 



OF SOUTH CAROLINA ' 59 

such circus or traveling show shall exhibit shall be charged with the 
duty of enforcing the provisions of this Section. 
1917, XXX, 48. 

(167) § 45. Separation of Employees of Different Races in Cotton 
Textile Factories — Penalties. — That it shall be unlawful for any person, 
firm or corporation engaged in the business of cotton textile manufactur- 
ing in this State to allow or permit operatives, help and labor of dif- 
ferent races to labor and work togetJier within the same room, or to use 
the same doors of entrance and exit at the same time, or to use and occupy 
the same pay ticket windows or doors for paying off its operatives and 
laborers at the same time, or to use the same stairway and windows at the 
same time, or to use at any time the same lavatories, toilets, drinking water 
buckets, pails, cups, dippers or glasses : Provided, Equal accommodations 
shall be supplied and furnished to all persons employed by said person, firm 
or corporation engaged in the business of cotton textile manufacturing as 
aforesaid, without distinction to race, color or previous conditions. Any 
firm, person or corporation engaged in cotton textile manufacturing vio- 
lating the provisions of this Section shall be liable to a penalty of not 
over one hundred ($100.00) dollars for each and every offense, to be re- 
covered in suit by any citizen of the county in which the offense is com- 
mitted and to be paid to the school fund of the district in which offend- 
ing textile manufacturing establishment is located. Any firm, person or 
corporation engaged in cotton textile manufacturing violating the pro- 
visions of this Section shall be punished by a fine not to exceed one hun- 
dred dollars for each offense or imprisonment at hard labor for a period not 
to exceed thirty days or both at the discretion of the Judge. This Section 
shall not apply to employment of firemen as subordinates in boiler rooms, or 
to floor scrubbers and those persons employed in keeping in proper condi- 
tion lavatories and toilets, and carpenters, mechanics and others engaged 
in the repair or erection of buildings. 

1915, XXIX, (9; 1916, XXIX, 706. 

(168) § 46. Misdemeanor to Mutilate Flag. — Any person who muti- 
lates, injures or desecrates the flag of the State, wherever displayed, upon 
the State House, any courthouse, any building of the State University, or 
any State college, or upon any public school building, shall be guilty of 
a misdemeanor, and, upon conviction, be punished by a fine of not more 
than one hundred dollars or imprisonment for not more than thirty days. 

Crim. Code, '12, § 207; 1910, XXVI, 753. 

(169) § 47. Desecration, Mutilation or Improper Use of U. S. Flag 
Prohibited — Penalty. — Any person, who in any manner, for exhibition 
or display, shall, after this Act takes effect, knowingly place or cause to be 
placed, any word, figure, mark, picture, design, drawing, or any advertise- 
ment, of any nature, upon any flag, standard, color or ensign of the United 
States, or shall knowingly expose or cause to be exposed to public view any 
such flag, standard, color or ensign, upon which, after this act takes effect, 
shall have been printed, painted, or otherwise placed, or to which shall be 
attached, appended, affixed, or annexed any word, figure, mark, picture, 



60 CRIMINAL LAWS 

design or drawing or any advertisement of any nature, or wlio shall expose 
to public view, manufacture, sell, expose for sale, give away, or have in 
possession for sale or to give away, or for use for any purpose, any article 
or substance, being an article of merchandise, or a receptacle of merchan- 
dise or article or thing for camping or transporting merchandise, 
upon which after this act takes effect, shall have been printed, painted, 
attached, or otherwise placed a representation of any such flag, stand- 
ard, color or ensign, to advertise, call attention to, decorate, mark, or 
distinguish, the article, or substance, on which placed, or who shall pub- 
licly mutilate, deface, defile or defy, trample upon, or cast contempt, either 
by word or act, upon any such flag, standard, color, or ensign, shall be 
deemed guilty of a misdemeanor, and shall be punished by a fine not ex- 
ceeding one hundred dollars or by imprisonment for not more than thirty 
days, or both, in the discretion of the Court ; and shall also forfeit a pen- 
alty of fifty dollars for each such offense, to be recovered with costs in a 
civil action, or suit in any Court having jurisdiction, and such action or 
suit may be brought by and in the name of any citizen of this State, and 
such penalty when collected, less the reasonable cost and expense of action 
or suit and recovery to be certified by the Clerk of Court of the county in 
which the offense is committed, shall be paid into the Treasury of this 
State; and two or more penalties may be sued for and recovered in the 
same action or suit. The words, fiag, standard, color, or ensign, as used 
in this Subdivision or Section, shall include any flag, standard, color, 
ensign, or any picture or representation, or either thereof, made of any 
substance, or represented on any substance, and of any size, evidently pur- 
porting to be, either of, said flag, standard, color or ensign, of the United 
States of America, or a picture or a representation, or either thereof, upon 
which shall be shown the colors, the stars, and the stripes, in any number 
or either thereof, or by which the person seeing the same, without de- 
liberation may believe the same to represent the flag, colors, standard, or 
ensign, of the United States of America. The possession by any person, 
other than a public officer, as such, of any such flag, standard, color or en- 
sign, on which shall be anything made unlawful at any time by this Sec- 
tion, or of any article or substance or thing on which shall be anji;hing 
made unlawful at any time by this Section, shall be presumptive evidence 
that the same is in violation of this Section, and was made, done or created 
after this Section took effect, and that such flag, standard, color, ensign, or 
article, substance, or thing, did not exist when this Section took effect. 
1916, XXIX, 925 

(170) § 48. Misdemeanor to Publish Name of Person Raped. — ^Who- 
ever publishes, or causes to be published, the name of any woman, maid 
or woman-child, upon whom the crime of rape or an assault with intent 
to ravish has been committed or alleged to have been committed, in this 
State, in any newspaper, magazine, or other publication, shall be deemed 
guilty of a misdemeanor, and, upon conviction thereof, shall be punished 
by a fine of not more than one thousand dollars, or imprisonment of 
not more than three years : Provided, The provisions of this Section shall 
not apply to publications made by order of Court. 

Crim. Code, '12, § 317 ; 1909, XXVI, 208. 



OF SOUTH CAROLINA 61 

(171) § 49. Selling Property on Which lien Exists. — Any person or 
persons who shall wilfuly and knowingly sell and convey any real or per- 
sonal property on which any lien exists, without first giving notice of such 
lien to the purchaser or purchasers of such real or personal property, shall 
be deemed guilty of a misdemeanor, and, on conviction thereof, shall be 
imprisoned for a term not less than ten days nor more than three years, 
and be fined not less than ten dollars nor more than five thousand dollars, 
or either or both, in the discretion of the Court : Provided, That the pen- 
alties enumerated in this Section shall not apply to public officers in the 
discharge of their official duties : Provided, further, When the value of 
such property does not exceed twenty dollars, the punishment shall not 
exceed a fine of one hundred dollars, or imprisonment not exceeding thirty 
days. 

Crim. Code, '12, § 446 ; Crim. Code, '02, § 336 ; G. S. 2514 ; R. -S. 276 ; 1872, XV, 
332 ; 1892, XXI, 93 ; 1893, XXI, 411 ; 1894, XXI, 824. 

Construed — 

The Hen of a judgment is as much -within the meaning of the Section as any other lien. State 
V. Johnson, 20 S. C. 387. 

A sale without giving notice of lien of which the vendor was ignorant is not offense. lb. 

Notice sufficient to lead to knowledge of the liens is all required. Ih 

Trial — • 

The offense of selling is but one offense, no matter how many liens then existing, and the Solicitor 
cannot be required to indicate which one of the liens he relies upon. lb. 

Judgment — 

Motion for arrest of, on refusal of Judge to require election, was properly refused. lb. 

(172) § 50. Selling Personal Property under Mortgage. — Any person 
or persons who shall sell or dispose of any personal property on which any 
mortgage or other lien exists, without the written consent of the mort- 
gagee or lienee, or the owner or holder of such mortgage or lien, and shall 
fail to pay the debt secured by the same within ten days after such sale 
or disposal, or shall fail in such time to deposit the amount of said debt 
with the Clerk of the Court of Common Pleas for the county in which 
the mortgage or lien debtor resides, shall be deemed guilty of a misde- 
meanor, and, on conviction thereof, shall be imprisoned for a term not 
exceeding ten years, or be fined not more than five hundred dollars, or 
both, in the discretion of the Court : Provided, That the provisions of this 
Section shall not apply in cases of sales made without knowledge or notice 
of such mortgage or lien by the person so selling such property: Pro- 
vided, further, That when the value of such property does not exceed 
twenty dollars, the punishment shall not exceed a fine of one hundred dol- 
lars, or imprisonment not exceeding thirty days. 

Crim. Code, '12, § 447 ; Crim. Code, '02, § 337 ; G. S. 2515 ; R. S. 277 ; 1881, XVII, 
560 ; 1892, XXI, 93 ; 1893, XXI, 411 ; 1894, XXI, 824. 

This Section applies to all persons making such sales, not to the lienor alone and applies to 
all sales made under junior liens. State v. Reeder, 36 S. 0. 497, 15 S. B. 544. 

And to cases where prior lien arose under Statutes subsequently enacted. lb. 

The motive or intent of the seller is immaterial. lb. 

Erroneous advice of counsel does not excuse the offense. lb. 

Held constitutional and not in contravention to Article 1, § 24, Constitution. State v. 
Barden, 64 S. C. 206. 41 S. E. 959. 

The term debt includes "cotton" due by tenant to landlord, covered bv landlord's lien. State 
V. Barden, 64 S. C. 206, 41 S. E. 959; State v. Pinckney, 74 S. C. 446, 54 S. E. 606. 

The contract between landlord and laborer creating lien must be witnessed by one or more 
disinterested persons. State v. Lanier, 79 S. C. 103, 60 S. E. 225. 

Jurisdiction is determined by the value of the property, not by the amount due on lien. State v. 
Pinckney, 74 S. C. 446, 54 S. E. 606. 

Agricultural liens. State v. Elmore, 68 S. C. 140, 46 S. E. 939 ; State v. Lanier, 79 
S. C. 103, 60 S. E. 225. 

Conditional agreement for lease or purchase of goods intended to secure payment of purchase 
money, constitutes lien within meaning of Statute. State v. Haynes, 74 S. C. 450, 55 S. E. 118. 

If property mortgaged is removed with intention of selling it in another county, and it 



62 CRIMINAL LAWS 

is there actually sold, it is a violation of this section. State v. Perlv, 87 S. C. 535, 70 S. E 304 

Indictment — 

Motion to quash it is proper mode of objection when it is found by an illegal grand jury. State v. 
Williams, 35 S. C. 344, 14 S. E. 819. 

It is not necesary to allege in the indictment the absence of lienee's consent. State v. 
Williams, 35 S. C. 160, 14 S. E. 309; McCall v. Alexander, 81 S. C. 131, 61 S. E. 1106. 

Indictment should allege the value of the property but need not allege the name of the person 
to whom sold. State v. Perry, 87 S. C. 535, 70 S. E. 304. 

JUEORS — 

Are not required to be freeholders or tax payers, and need not possess any other qualifications 
than those prescribed for electors or legislators. State v. Williams, supra. 

Twelve constitute a legal grand jury. 76. 

Constitutional rights of trial by jury not violated as long as such trial by twelve jurors is 
prescribed. lb. 

Evidence — 

Not nessary for State to prove, as alleged in indictment, that lienor had not written consent 
of lienee to sell. lb. 

Confessions or admissions. State v. Shorter, 85 S. C. 170, 67 S. E. 131. 

Actions for malicious prosecution under this Section. Stoddard v. Roland, 31 S. C. 342, 
9 S. E. 1027: Aiken v. Lancaster Cotton Mills, 85 S. C. 180, 67 S. E. 166. 

Elements of offense. State v. Boyer, 86 S. C. 260, 68 S. E. 573. 

Removal from State with purpose or effect of defecting lien is a disposition of property in 
violation of the Act. State ik Haynes, 74 S. C, 450, 55 S. E. 118. But a mere removal of the 
goods to another State is not such disposition. Aiken v. Lancaster Cotton Mills, 85 S. C. 180, 
67 S. E. 166; Whaley v. Lawton, 57 S. C. 256, 35 S. E. 558. Nor does the sale of property 
of the defendant lienor, against his will, under judicial process, render him liable to conviction. 
State 1'. Johnson, 51 S. C. 268, 28 S. E. 905. A person selling property under lien for advances 
with knowledge of prior lien for rent. State v. Reeder, 36 S. C. 497, 15 S. E. 544. Error in admit- 
ting absolute bill of sale as a mortgage State r. Rice, 43 S. C. 200, 20 S. E, 986. Disposition 
when complete. 76. 

This is not a felony; conviction does not render incompetent as witness. State v. Grten, 
48 S. C. 136, 26 S. E. 234. 

Cited. State v. Smith, 108 S. C. 37; 93 S. E. 250. Hill v. Winnsboro Granite Corporation. 
112 S. C. 243; 99 S. E. 836. 

Applicable to junior mortgage. State v. Brice, 115 S. C. 280, 105 S. E. 408. 

(173) § 51. Contractors to Pay Laborers Employed Out of Money 
Received for Contract. — It shall be the duty of any contractor or con- 
tractors, in the erection, alteration or repairing of buildings in the State 
of South Carolina, to pay all laborers, subcontractors and material men for 
their lawful services and material furnished out of the money received for 
the erection, alteration or repairs of buildings upon which said laborers, 
subcontractors and material men are employed or interested, and said 
laborers, as well as all subcontractors and persons who shall furnish mate- 
rial for said building, shall have a first lien on the money received by 
said contractor or contractors for the erection, alteration or repair of said 
buildings in proportion to the amount of their respective claims. Noth- 
ing herein contained shall make the owner of the building responsible in 
any way: Provided, That nothing contained in this Section shall be con- 
strued to prevent any contractor or contractors or subcontractors from 
borrowing money on such contract. 

Any contractor or contractors or subcontractors who shall, for other 
purposes than paying the money loaned upon said contract, expend and 
on that account fail to pay to any or all laborers, subcontractors and 
material men out of the money received as provided in this Section and as 
admitted by such contractor or contractors, or as may be adjudged by any 
Court of competent jurisdiction, shall be deemed guilty of a misde- 
meanor, and, upon conviction, when the consideration for such work and 
material shall exceed the value of one hundred dollars, shall be fined not 
less than one hundred dollars nor more than five hundred dollars, or im- 
prisonment not less than three months nor more than twelve months ; and 
when such consideration shall not exceed the value of one hundred dollars, 
shall be fined not more than one hundred dollars, or imprisoned not 
longer than thirty days : Provided, Said contractor or contractors or sub- 



OF SOUTH CAKOLINA 63 

contractors may have the right of arbitration by agreement with said la- 
borers, subcontractors and material men. '^ 
Crim. Code, '12, § 451 ; Crim. Code, '02, § 338 ; 1896, XXII, 198 ; 1897, XXII, 487. 

Misdemeanor not to pay laborers, etc., out of money borrowed upon the contract. State v. 
Campbell, 85 S. C. 11, 66 S. E. 1059. 

(174) § 52. Fraudulent Remoival of Property Levied by Sheriff. — 

Whoever, with intent to defraud, removes or secrets personal property 
which has been attached or levied on by the Sheriff, or any other officer au- 
thorized by law to make such attachment or levy, shall be held guilty of a 
misdemeanor, and, upon conviction, shall be punished by imprisonment in 
the county jail for a period not less than sixty days nor more than one 
year, or by fine of not less than one hundred dollars nor more than two 
hundred. 

Crim. Code, '12, § 452; Crim. Code, '02, § 339; G. S. 2516; R. S. 278; 1873, XV, 
448; 1879, XVII, 2. 

(175) § 53. Fraudulent Packing of Cotton. — Any person or persons 
convicted of knowingly and wilfully packing into any bag or bale of cotton 
any stone, wood, trash, cotton, cottonseed, water, or any matter or thing 
whatsoever, or causing the same to be done, with the intent and purpose 
of cheating or defrauding any person or persons whomsoever in the sale 
of such cotton, or who shall exhibit or offer for sale any bag or bale of 
cotton so fraudulently packed, at the time of the said exhibit, or offer 
for sale knowing the same to be so fraudulently packed, shall on convic- 
tion thereof, as aforesaid, be sentenced to pay a fine of not more than 
five hundred dollars nor less than twenty dollars, and to be imprisoned for 
a term of not more than six months nor less than one month. 

Crim. Code, '12, § 453 ; Crim. Code, '02, § 340 ; G. S. 2517 ; R. S. 279 ; 1875, XV, 976. 

Construed — 

To embrace false packing with, water. State v. Holman, 3 McC. 306. 

Evidence — 

Must show that defendant had knowledge of the false packing. State v. Pitts, 13 Rich 27. 

(176) § 54. Charge of Breakage on Weighing of Cotton. — Any per- 
son who shall put and make the charge known as "breakage" upon the 
weighing of cotton shall be guilty of a misdemeanor, and, upon conviction 
thereof, shall be fined not more than twenty-five dollars, or be imprisoned 
not more than thirty days, or both, in the discretion of the Court. 

Crim. Code, '12, § 456; Crim. Code, '02, § 343; G. S. 2520; R. S. 282; 1878, XVI, 
713. 

(177) § 55. Making Way with Produce before Paid for, Fraud. — 

Any person engaged in the business of buying cotton, corn, rice, or such 
commodities, either on his own account or for others, who shall buy such 
on sale from a planter, commission merchant, or any other person or 
persons, for cash, and shall fail or refuse to pay for the same, and shall 
make way with or dispose of the same before he shall have paid therefor, 
shall be deemed guilty of fraud and embezzlement, and shall be liable, on 
conviction, to be imprisoned in the Penitentiary for a term not less than 
one year nor more than five years, at the discretion of the Court. 

Crim. Code, '12, § 457 ; Crim. Code, '02, § 344 ; G. S. 2521 ; R. S. 283 ; 1877, XVI, 250. 

Punitive damages allowed in civil action for violation of this Section. McDaniel v. Monroe, 
63 S. C. 307, 41 S. E. 456. 



64 CRIMINAL LAWS 

(178) § 56. Factors Failing to Account for Produce G-uilty of Fraud. 

— Any factor or commission merchant who shall receive from any planter 
any cotton, rice, or other agricultural produce, for sale, and shall sell the 
same and fail to pay over the net proceeds thereof to the planter on 
demand, or apply the same to his own use and benefit, or shall fail to 
account for the same in a satisfactory manner if unsold, shall be guilty of 
fraud and embezzlement, and, on conviction thereof, shall be imprisoned 
in the Penitentiary not less than one year nor more than five years, at the 
discretion of the Court. 

Crim. Code, '12, § 458 ; Crim. Code, '02, § 345 ; G. S. 2522 ; R. S. 284 ; 1877, XVI, 
250. 

(179) § 57. Not Guilty if Products Destroyed by Accident. — No per- 
son shall be convicted under the provisions of the two preceding Sections 
if he can show that the cotton, corn, rice or other products received by 
him was destroyed by accident, after due diligence on his part, or that he 
was forcibly deprived of the possession thereof. 

Crim. Code, '12, § 459 ; Crim. Code, '02, § 346 ; G. S. 2523 ; R. S. 285 ; 1877, XVI, 
250. 

(180) § 58. Licensee Must Keep Book— What Must Be Entered.— 

Any person to whom license to traffic in seed cotton may be granted shall 
keep at place of business a book in which shall be entered the date of 
every purchase, from whom purchased, and the quantity purchased, which 
book shall always be opened to inspection of persons applying therefor. 
Any person to whom license may be granted failing to comply with the re- 
quirements of this Section, shall, upon conviction, be punished by a fine 
of not less than twenty-five dollars nor more than fifty dollars, or by im- 
prisonment of not less than fifteen days nor more than thirty days. One- 
half of the fine, when collected, shall be paid to the informer. 

Crim. Code, '12, § 460; Crim. Code, '02, § 349; R. S. 287; 1887, XIX, 794; 1901; 
XXIII, 728. 

Constitutional. Park v. Cotton Mills, 75 S. C. 560, 56 S. E. 234. 

(181) § 59. No Deduction to Be Made on Sale of Cotton under Certain 
Conditions. — It shall be unlawful for any person, firm or corporation 
engaged in the business of buying cotton in this State, as principal or 
agent, to deduct any sum for bagging and ties from the weight or price of 
any bale of cotton, when the weight of the bagging and ties does not 
exceed six per cent, of the gross weight of such bale of cotton. In the 
event that the weight of the bagging and ties exceed six per cent, of the 
gross weight of such bale of cotton, only the excess over the said six per 
cent, may be deducted. 

For each and every violation of this Section the offender shall be guilty 
of a misdemeanor and shall be fined in the sum of not less than fiv^e dollars 
nor more than twenty-five dollars, or imprisoned not less than ten days 
nor more than thirty days : Provided, This Section shall not apply to 
what is known in the trade as round bales, and bales of cotton which 
weigh less than three hundred pounds. 

Crim. Code, '12, § 461; 1910, XXVI, 612. 

Construed in State v. MuUins, 87 S. C. 510. 



OF SOUTH CAROLINA 65 

(182) § 60. Cotton Bales Weighing Not Less than Three Hundred 
Pounds Made Merchantable — Violation of. — It shall be unlawful for any 
cotton buyer to refuse to 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; and any such 
buyer who docks or deducts any amount from the purchase price of any 
such bale of cotton, or attempts to dock or deduct any amount from the 
purchase price of such bale of cotton, shall be deemed guilty of a mis- 
demeanor, and, upon conviction before any Court of competent jurisdic- 
tion, shall be fined in the sum of not more than one hundred dollars nor 
less than twenty dollars. 

Crim. Code, '12, § 462 ; Grim. Code, '02, § 351 ; 1899, XXIII, 90. 

(183) § 61. Cotton Factors Required to Furnish Sworn Statements 
on Demand — Failure a Misdemeanor. — ^Any person or persons, firm or 
corporation, by whatever name styled, doing business as sales agent, ex- 
porter, dealing in or handling cotton on commission, be, and are hereby 
required to furnish to all persons for whom cotton is exported, sold or 
handled, when demanded by such . person, a sworn itemized statement 
which shall show the name of the purchaser, the grade, the weight and the 
price received for such cotton. Such sworn itemized statement, shall be 
furnished with final account of gross sales, or whenever demanded by any 
one who is doing business with such person or persons as are set forth in 
this Section: Provided, That any one upon whom demand is made for 
such sworn itemized statement shall be allowed ten days time in which to 
furnish the same. Any one refusing or neglecting to furnish such sworn 
itemized statement shall be guilty of a misdemeanor, and, upon conviction, 
shall be fined in a sum of not less than twenty-five dollars nor more than 
one hundred dollars, or be imprisoned for not less than ten days nor 
more than thirty days on the county chaingang. 

1915, XXIX, 113. 

(184) § 62. Sale of Agricultural Seeds. — No person, firm or corpora- 
tion shall, by himself or themselves, his or their rights or representatives 
of any persons, firms or corporations, sell or offer for sale or distribution 
within the State of South Carolina, for seed pnrposes, any lot or 
package of agricultural seeds exceeding one pound in weight, unless the 
same, when put in either open or closed packages, shall have attached 
thereto a label on which is plainly printed or written in the English lan- 
guage the following: (1) Name and kind of seed. (2) Full name and 
address of seedsman, importer, agent or dealer. (3) Statement of purity 
of the seed contained therein. (4) Germinating power of seed. (5) Local- 
ity where seed was grown, if known. 

"Agricultural Seeds" Defined. — For the purpose of Sections (184) to 
(193), inclusive, the term "agricultural seeds" shall include seed of the 
red clover, either medium or mammoth clover, white clover, alsike clover, 
burr clover, crimson clover, lespedeza, alfalfa, timothy, orchard grass, 
Kentucky blue grass, red top, bromis inermic, oat grass, rye grass, the 



6 C L 



66 CRIMINAL LAWS 

fescues, the millets, the vetches, other grass and forage plant seeds, flax, 
rape, sorghum, rye, barley and other cereals and cotton. 
Crim. Code, '12, § 470 ; 1910, XXVI, 758. 

(185) § 63. Sale of Agricultural Seeds Regulated. — No agricultural 
seed, as defined in Section (184), shall be sold or offered for sale or distri- 
bution within the State which contain in greater number than 20 to 1,000 
of the seeds under examination, the seeds of such noxious weeds as 
clover dodder, field dodder, white mustard, wild oats and such other 
weeds as may be designated in the regulations promulgated by the State 
Department of Agriculture. "Where the seed of the weeds so designated 
are present in fewer numbers than 20 to 1,000 of the seed being exam- 
ined, a statement shall be so made on the label attached to the package 
naming the weed seeds present therein. 

Crim. Code, '12, § 471; 1910, XXVI, 758; 1914, XXVIII, 467. 

(186) § 64. What Seeds Classed as Impurities. — The seeds of such 
weeds as sheep sorrell, green and yellow foxtail, yellow trefoil, chicken- 
weed and other such weeds as may be prescribed in the regulations 
adopted by the Commissioner of Agriculture, and stated in circulars, 
shall be classed as impurities in agricultural seeds. When such impuri- 
ties or any of them present in quantities exceeding two per cent, of said 
agricultural seed, the approximate percentage of each shall be plainly 
stated on the bag attached as specified in Section (184). 

Crim. Code, '12, § 472 ; 1910, XXVI, 758 ; 1914, XXVIII, 467. 

(187) § 65. Packages to State Percentage. — Sand, dirt, sticks, broken 
seeds, other seeds than those mentioned in the foregoing sections, or any 
other foreign matter, shall be considered as impurities when mixed with 
agricultural seeds sold, offered or exposed for sale in this State for seed- 
ing purposes. When such impurities are present in seeds exceeding the 
standard fixed in the regulations of the State Department of Agriculture, 
the name and approximate of each shall be stated on the label, as specified 
in Section (184). 

Crim. Code, '12, § 473; 1910, XXVI, 758; 1914, XXVIII, 467. 

(188) § 66. Eegulations to Be Prescribed. — The Commissioner of 
Agriculture is hereby empowered to prescribe regulations designating 
when seeds shall be considered mixed or adulterated or misbranded and a 
germinating power standard. 

Crim. Code, '12, § 474 ; 1910, XXVI, 758 ; 1914, XXVIII, 467. 

(189) § 67. Matters Excepted From Provisions of Act. — The pro- 
visions of Sections (184) to (193), inclusive, shall not be construed as ap- 
plying to : (1) Any person growing, possessing for sale or selling seeds for 
food purposes only. (2) Persons selling seeds' containing impurities 
except as defined in the iregulations, provided such seeds are sold to 
merchants to be recleaned before exposing for sale upon the general 
market. (3) Seed that is in store for the purpose of recleaning and 
which is not possessed, sold or offered for sale for seed purposes. (4) 
The sale of seed that is grown, sold and delivered by any farmer on his 



OF SOUTH CAROLINA 67 

own premises for seeding by the purchaser himself, unless the purchaser of 
said seed obtains from the seller at the time of the sale thereof a certifi- 
cate that the said seed is supplied to the purchaser subject to the pro- 
visions of Sections (184) to (193), inclusive. (5) Mixtures of seeds for 
lawn purposes, except that the sale of such mixtures is sold subject to re- 
strictions and regulations made therefor by the Department of Agri- 
culture. 
Grim. Code, '12, § 475; 1910, XXVI, 758; 1914, XXVIII, 467. 

(190) § 68. What Seed Considered Pure. — For the purpose of 
Sections (184) to (193), seed shall be deemed pure when it complies with 
the foregoing provisions and contains no communicable disease. 

Crim. Code, '12, § 476; 1910, XXVI, 758; 1914, XXVIII, 467. 

(191) § 69. Commissioner of Agricidture, Etc., to Enforce Pro- 
visions. — The enforcement of the provisions of Sections (184) to (193), 
inclusive, is hereby placed unde^ the direction of the Commissioner of 
Agriculture of South Carolina, and he is hereby empowered to appoint 
such inspectors and assistants, who may be inspectors, chemists, analysts, 
under the commercial feedstuffs Act, as may be necessary to execute its 
provisions. All examination of seeds shall be made at the State feedstuffs 
laboratory, under the supervision of the chief chemist thereof, and as far 
as possible from the funds provided by Section (192) upon the approval 
of the Commissioner of Agriculture, Commerce and Industries, the ex- 
penses of the examination shall be paid by the State. 

Crim. Code, '12, § 477; 1910, XXVI, 758; 1914, XXVIII, 467. 

(192) § 70. Samples to Be Sent Experiment Station. — ^It shall be the 
duty of the inspectors and assistants to collect samples of agricultural 
seeds in the open market an,d forward same to the State feedstuffs 
laboratory, where they shall be examined and analyzed in conformity 
with the provisions of Sections (184) to (193), inclusive, and the 
standards fixed by the regulations provided for herein. The inspectors 
and assistants are vested with all necessary powers for the proper 
execution of the duties, and to note all violations of any provisions 
of the said Sections, and to bring action in the proper Court or tribunal 
for prosecution of such violations, when directed to do so by the Commis- 
sioner of Agriculture. The results of all tests of seeds made by the labora- 
tory shall be published in bulletins of the Department of Agriculture, to- 
gether with the names and postoffice addresses of the persons, firms or cor- 
porations from whom all samples tested were obtained. For the purpose of 
Sections (184) to (193), inclusive, a sample of agricultural seed shall con- 
sist of not more than four nor less than two ounces of the seed to he ex- 
amined. That for the purpose of defraying the expenses connected with 
the inspection and analysis of agricultural seed, each and every importer, 
seedsman, person, firm or corporation before selling or offering or expos- 
ing in this State any of the agricultural seeds specified in Sections (184) 
to (193), inclusive, shall obtain from the Commissioner of Agriculture, 
Commerce and Industries a license upon registration of the seeds they 
wish to sell ; that a license fee of $25 per annum shall be paid annually to 



68 CRIMINAL LAWS 

the Commissioner by all seedsmen or others, doing a regular commercial 
seed business; a license fee of $2.50 annually by all retail dealers in mer- 
cantile establishments selling agricultural seed shall be paid to the com- 
missioner; a license fee of $10 per annum by all proprietors of seed 
farms, and a license of $1.00 per annum by individuals who sell seed to 
others when their business amounts to at least $500 per annum in gross 
receipts. The said Commissioner is hereby empowered to prescribe such 
regulations as may be necessary for the enforcement of Sections (184) 
to (193), inclusive. The Commissioner may, by written order, suspend 
the sale of seed, not duly registered, and when seed are found to be in 
violation of the provisions of the Sections herein enumeratCid he may 
suspend sale, and seize and confiscate the goods through his duly author- 
ized agents. That there is hereby appropiriated for the purpose of en- 
forcing the provisions of the said Sections a sum not exceeding the 
amount of fees and fines collected and moneys or proceeds derived from 
the seizure and sale of agricultural seeds under their provisions. Such 
expenses shall be paid by warrant of the Comptrolleir General upon 
itemized bills approved by the Commissioner of Agriculture, who shall 
pay into the State treasury monthly all fees collected under the pro- 
visions of the said Sections (184) to (193), inclusive, to constitute a 
special fund for the purposes herein specified. 
Crim. Code, '12, § 478; 1910, XXVI, 758; 1914, XXVIII, 467. 

(193) § 71. Misdemeanor to Violate Provisions of Sections (184) 
to (192). — Whoever violates any provisions named in Section (184) to 
(193), inclusive, or who shall attempt to interfere with the inspectors or 
assistants in the discharge of the duties named herein shall be deemed 
guilty of a misdemeanor, and, upon conviction, shall be punished by a fine 
of not less than ten dollars nor more than fifty dollars for each and every 
offense. 

Crim. Code, '12, § 479 ; 1910, XXVI, 758 ; 1914, XXVIII, 467. 

(194) § 72. To Impede the Commissioner of Agriculture, Etc., or Dis- 
criminate Against Employee as Member of Labor Organization, a Mis- 
demeanor. — Every person or corporation who shall wilfully impede or 
prevent the Commissioner of Agriculture, Commerce and Industries, his 
agents or inspectors, in the free and full performance of his duties, or 
who shall discharge or discriminate in the payment of wages against any 
person because of his or her membership in a labor organization, shall 
be deemed guilty of a misdemeanor, and, upon conviction of the same, shall 
be fined not less than ten nor more than fifty dollars, or be imprisoned not 
less than ten nor more than thirty days. 

Crim. Code, '12, § 487; 1909, XXA^I, 15. 

(195) § 73. Standard Weight for Bushels of Com Meal— Sale in 
Packages — Penalty. — The standard weight of a bushel of corn meal, 
whether bolted or unbolted, shall be forty-eight pounds. It shall be un- 
lawful for any person or persons to pack for sale, sell, or offer for sale, in 
this State, any corn meal or grist, except in bags or packages containing 
by standard weight two bushels, or one bushel, or one-half bushel, or 
one-fourth bushel, or one-eighth bushel, respectively. Each bag or pack- 



OF SOUTH CAROLINA 69 

age of corn meal shall have plainly printed or marked thereon, whether the 
meal is ''bolted" or "unbolted," the amount it contains, in bushels or frac- 
tion of a bushel, and the weight: Provided, The provisions of this Sec- 
tion shall not apply to the retailing of meal or grist direct to consumers 
from bulk stock when priced and delivered by actual weight or measure. 
Any person or persons guilty of violating this Section shall be deemed 
guilty of a misdemeanor, and, on conviction thereof, shall be punished by 
fine of not exceeding one hundred dollars, or by imprisonment not ex- 
ceeding thirty days, or by both fine and imprisonment, in the discretion of 
the Court. 

Crim. Code, '12, § 489 ; 1903, XXVI, 126 ; 1906, XXV, 145. 

(196) § 74. Slot Machines Unlawful, Except Those Griving Certain 
Returns. — It shall be unlawful for any person to keep on his premises 
or operate or permit to be kept on his premises or operated within this 
State, any slot machine of whatever name or kind, except automatic 
weighing, measuring, musical and vending machines which are so con- 
structed as to give a certain uniform and fair return in value for each 
coin deposited therein, and in which there is no element of chance. Any 
person whomsoever who shall violate this Section shall be subject to a 
fine of not more than one hundred dollars, or imprisonment upon the pub- 
lic works of the county wherein the offense is committed for a period of not 
more than thirty days. 

Crim. Code, '1^, § 490; 1904, XXIV, 427. 

Any machine not giving a certain and uniform return unlawful. Griste v. Burch, 112 S. 
C. 369; 99 S. E. 703. 

(197) § 75. No Person to Sell Explosives Except Under Certain Con- 
ditions — Sworn Reports. — No person shall sell, deliver or dispose of 
dynamite or similar powerful explosives, except ordinary gunpowder, 
unless such person knows the purchaser or the party to receive the same, 
and is satisfied' that the explosive is not to be used for killing fish, and 
then only upon a written application from party desiring to purchase, 
stating the purpose for which he desires to use the said explosives; and a 
person selling, delivering or disposing of such explosive shall keep a 
book in which shall be recorded the name of the purchaser or party to 
whom the explosive is delivered, the quantity sold or so delivered, and 
the date of such sale or delivery. That such person selling or keeping 
for sale the explosives mentioned in this Section be required to make 
sworn quarterly reports of such sales, name and race of purchaser or 
purchasers, amount sold and date of sale, to the County Auditor of each 
county. Any person violating this Section shall be guilty of a misde- 
meanor, punishable by fine not to exceed one" hundred dollars, or im- 
prisonment not to exceed thirty days. 

Crim. Code, '12, § 491; 1903, XXIV, 124. 

(198) § 76, Misdemeanor Fraudulently to Fail to Carry Out Contract 
for Personal Service. — Any person who shall contract with another to 
render him personal service of any kind, and shall thereafter fraudulently, 
or with malicious intent to injure his employer, fail or refuse to render 
such service as agreed upon, shall be deemed guilty of a misdemeanor. 

1918, XXX, 809. 



70 CRIMINAL LAWS 

(199) § 77. Misdemeanor to Fail to Employ After Contract. — Any 

person who shall hereafter contract to receive from another personal 
service of any kind, and to compensate him therefor, and shall thereafter 
fraudulently, or with malicious intent to injure his employee, fail or refuse 
to receive such service or to make compensation as agreed upon, shall be 
deemed guilty of a misdemeanor. 
1918, XXX, 809. 

(200) § 78. Misdemeanor to Fraudulently Fail to Perform Services 
After Eeceiving Advances. — Any person wlio shall hereafter contract 
with another to render personal service of any kind to him, and shall 
thereafter fraudulently, or with malicious intent to injure the employer, 
procure advances in money or other thing of value from him, with intent 
not to render the service agreed upon, and who shall thereafter, with 
like intent, fail or refuse to perform the service agreed upon, shall be 
deemed guilty of a niisdemeanor. 

1918, XXX, 809. 

(201) § 79. Misdemeanor to Receive Labor and Not Make Advances 
or Compensation. — Any person who shall hereafter contract with another 
to receive from him personal service of any kind, to compensate him 
therefor, and to make advances to him, and shall thereafter fraudulently, 
of with malicious intent to injure the employee, receive the benefit of such 
service, in whole or in part, and with like intent fail or refuse to make 
the compensation or advances agreed upon, shall be deemed guilty of a 
misdemeanor. 

1918, XXX, 809. 

(202) § 80. Contracts May Be Either Verbal or Written— To Be 
Read and Witnessed. — The contracts referred to in Sections (182) to 
(187), inclusive, may be either verbal or in writing; if in writing, they 
shall be witnessed by one or more disinterested persons, and at the 
request of either party be duly executed before a Magistrate, whose 
duty it shall be to read and explain the same to the parties. Such 
contract shall clearly set forth the conditions upon which the laborer 
or laborers engaged to work, embracing the length of time, the amount 
money to be paid, and when; if it be on shares of crops, what 
portion or portions thereof. If verbal, they must be witnessed by 
at least two disinterested witnesses, not related by blood or marriage 
within the sixth degree, to either party, and the term of service contracted 
for must be for a definite time, not exceeding one year. All such contracts 
shall be valid only betweeh the original parties thereto, and any attempted 
transfer or assignment of any right thereunder shall be null and void. 

1918, XXX, 809. 

When neither wan-ant nor testimony shows whether contract was within the Statute, con- 
viction cannot be sustained. State v. Williams 97 S. C. 449; 81 S. E. 154. 
Under Former Statutes — 

State V. Long, 66 S. C. 398; 44 S. E. 960. 
Ex vnrU Hollman, 79 S. C. 9; 60 S. E. 19. 
Ex parte Dravton, 153 Fed. 986. 
State V. Williams 32 S. O. 123; 10 S. E. 176. 
State V. Robinson 70 S. C. 468; 50 S. E. 192. 
State V. Chapman, 56 S. C. 420; 34 S. E. 961. 
State V. Easterling, 61 S. C. 71; 39 S. E. 250. 
As to former ieopardv Mclnvaille v. Rouse, 86 S. C 344; 68 S. E. 629. 



OF SOUTH CAROLINA 71 

(203) § 81. Registration of Contracts. — ^If either party to any written 
contract herein referred to desires to avail himself of the benefits of Sec- 
tions (198) to (203), inclusive, against third parties, he shall cause the 
same to be indexed in the ofSce of the Register of Mesne Conveyance or 
the Clerk of the Court (where the office of Register of Mesne Conveyance 
does not exist) of the county in which said labor or service is to be per- 
formed, within ten days from the date of the contract; and such index- 
ing shall constitute notice to all third parties. Said index shall show the 
names of the employer and the laborer, the date of the contract and the 
date of its termination, and the location and the name of the place or 
places whereon the said labor or service is to be performed. The Clerk of 
the Court or the Register of Mesne Conveyance, as the case may be, shall 
indorse his official certificate and the date of filing to be indexed upon 
every such contract filed under the provisions of Sections (198) to (204), 
inclusive, and his only fee for the same shall be five cents for each con- 
tract. And the Clerks of Court, or the Register of Mesne Conveyances, 
as the case may be, in all the counties of the State shall provide a book 
for indexing such contracts, which shall be plainly labeled "Index Labor 
Contracts. ' ' 

1918, XXX, 809. 

(204) § 82. Punishment for Violation of Provisions As to Contracts. 

— Upon conviction in a Court of competent jurisdiction of any person 
charged with a violation of Sections (198) to (203), inclusive, the person 
so convicted shall be punished by a fine not less than twenty-five ^dollars 
and not exceeding one hundred dollars, or by imprisonment not less than 
twenty days and not exceeding thirty days for each offense : Provided, 
That there shall be no prosecution under Sections (198) to (203), inclu- 
sive, unless the arrest warrant shall be issued within thirty days from the 
commission of the oft'ense. Sections (198) to (203), inclusive, are not in- 
tended, and shall not be construed to protect any of the parties to, or 
punish the violation of, any contract or matter connected therewith, where 
the inducement or consideration of such contract is money or other 
thing of value' advanced to or for the employee prior to the commencement 
of service thereunder. All such contracts are hereby prohibited and de- 
clared null and void. 

1918, XXX, 809. - 

(205) § 83. Fraud in Relation to the Violation of Contracts for tlhe 
Lease of Lands, or Working- on Share of Crops, Etc., a Misdemeanor. — 

1. Whoever shall enter into a contract with the owner for lease of lands in 
this State, or for cultivating same on shares of crops, and by virtue of the 
promises and agreement in said contract, shall fraudulently and with ma- 
licious intent to injure the owner, secure from the said owners the pos- 
session and occupation, or right of possession and occupation of said 
lands, money, supplies, fertilizers or anything of value, or who shall, with- 
out just cause, and with intent to cheat and defraud the owner, abandon 
the said lands, or refuse to enter into the possession and cultivation of 
the said lands to the injury of said owner, shall be guilty of a misde- 
meanor and fined in the sum of not less than twenty-five dollars or more 



72 CEIMINAL Lx\WS 

than one hnndred dollars, or be imprisoned for not less than fifteen days 
nor more than thirty days. The contract herein referred, to, if verbal, 
shall be witnessed by at least two disinterested witnesses. 

2. Whoever shall enter into a contract to lease to another any lands in 
this State or work the same on shares of crops, and shall withont just 
excuse and with intent to cheat and defraud the lessee or laborer, with- 
hold from him the peaceable entry, possession, use and occupation of said 
land, shall be guilty of a misdemeanor and shall be fijied in the sum of 
not less than twenty-five dollars or more than one hundred dollars, 
or be imprisoned for a period of not less than fifteen days nor more than 
thirty days. 

Crim. Code, '12, § 500; 1907, XXV, 536; 1912, XXVII, 774. 

Does not applv when use of land is part of defendant's compensation for labor. State v, 
Martin, 111 S. C. 366; 98 S. E. 129. 

(208) § 84. Unlawful to Offer Checks or Script to Laborers — Not 
Applicable to Bank Checks. — Any person or persons who shall oifer to 
any laborer or employee, at the time when the wages of such laborer or 
employee are due and payable by agreement, unless otherwise provided for 
by special contract, as compensation for labor, or services performed, 
checks, or scrips of any description, known as plantation checks, payable 
at some future time, or in the shops or stores of employers, in lieu of law- 
ful money, shall be liable to indictment and punishment by a fine not 
exceeding two hundred dollars, or by imprisonment not exceeding one year, 
or both, according to the discretion of the Court: Provided, The word 
' ' checks ' ' herein shall not be construed so as to prohibit the giving of 
checks upon any of the authorized banks of deposit or issue in this State. 

Crim. Code, '12, § 503; Crim. Code, '02, § 358; G. S. 20S6 ; R. S. 290; 1S72, XV, 
216; 1875, XV, 899; 1879, XVII, 7. 

(207) § 85. Enticing Laborers Under Contract. — Any person who 
shall entice or persuade, by any means whatsoever, any tenant, servant 
or laborer, under contract with another, duly entered into between the 
parties or between parents or guardians for the services of their minor 
children or wards before one or more witnesses, whether such contract 
be verbal or in writing, to violate such contract, or shall employ such 
laborer knowing such laborer to be under contract with another, shall be 
deemed guilty of a misdemeanor, and, upon conviction, shall be fined 
not less than twenty-five dollars nor more than one hundred dollars, or 
to be imprisoned in the county jail not less than ten nor more than thirty 
days. 

Crim. Code, '12, § 504; 1913, XXVlII, 33. 

(208) § 86. Acqmsition of Trade Checks a Misdemeanor. — Any pe;r- 
son, firm or corporation who shall acquire any trade check, payable either 
in money or in merchandise, which has been given directly or indirectly, 
for the payment of the wages of a laborer, for less than the actual par 
value at and in which said trade check is payable, shall be guilty of a 
misdemeanor, and, upon conviction thereof, shall be punished by fine 
not exceeding one hundred ($100.00) dollars, or by imprisonment not ex- 



OF SOUTH CAROLINA 73 

ceeding thirty days. Any person, firm or corporation who shall ac- 
quire such trade check for less than its face value shall have no right to 
collect and enforce the payment thereof. 

1915, XXIX, ISO. 

(209) § 87. Textile Corporations to Have Weekly Pay Day — Penalty. 

— All corporations engaged in textile manufacturing in this State shall 
have a regular pay day once in every week for the payment of the 
wages which have been earned by the laborers during the preceding week, 
and any such manufacturing corporation refusing to have a weekly pay 
day shall be guilty of a misdemeanor and upon conviction thereof shall be 
fined not less than one hundred dollars nor more than two hundred dol- 
lars for each offense. 

1916, XXIX, 937. 

(210) § 88. Employers Requiring Notice from Employee Quitting 
Work, to Post Notice of Shut Down. — All employers of labor in this 
State, requiring notice from any employee, of the time such employee will 
quit work, shall give notice to its employees, of its purpose to quit work, 
or shut down, by posting a printed notice stating the date of the be- 
ginning of the shutdown or cessation from work, and the approximate 
length of time the continuous shutdown is to continue, in each room of 
its building; not less than two weeks or the same time as is required 
of employees before so stopping work, or shutting down, of its purpose to 
stop work or shut down : Provided, That they are not required to do so 
by reason of some unforeseen accident to machinery, or by some act of God 
or of the public enemy. 

Any employer of labor subject to the provisions of this Section, fail- 
ing to post such notice in the manner herein provided, shall be subject 
to a fine of not exceeding five thousand dollars, upon conviction; and in 
addition thereto shall be liable to each and every one of its employees, for 
such damages as each and every one of its employees may suffer by failure 
to give such notice. 

1912, XXVII, 750. 

(211) § 89. Unlawful to Use as Advertisement Cross Usually Used 
as Crossing Sign by Railroads. — It shall be unlawful for any person, 
firm or corporation to use for advertising purposes the kind of a cross 
usually used as a crossing sign by steam and electric railroads. Any vio- 
lations of the provisions of this Section shall be punishable by a fine of 
not more than one hundred ($100.00) dollars or imprisonment for not 
more than thirty (30) days. It shall be the duty of the Road Supervisor 
of the various counties in this State to remove and destroy any signs 
hitherto erected by any person, firm or corporation for advertising pur- 
poses, in violation of this Section. 

1917, XXX, 161. 

(212) § 90. Fraud in Sale of Goods Marked "Sterling," "Coin," 
Etc., Punished. — A person who makes or sells, or offers to sell or dispose 
of, or has in his possession with intent to sell or dispose of, any article 
of merchandise marked, stamped, or branded with the words "sterling" 



74 CKIMINAL LAWS 

or ''sterling silver," or encased or enclosed in any box, package, cover or 
wrapper, or other thing in or by which the said article is packed, enclosed 
or otherwise prepared for sale or disposition, having thereon any engrav- 
ing or printed label, stamp, imprint mark, or trademark indicating or de- 
noting by such marking, stamping, branding, engraving or printing that 
such article is silver, sterling silver or solid silver, unless nine hundred 
and twenty-five one-thousandths of the component parts of the metal of 
which the said article is manufactured are pure silver, shall be deemed 
guilty of a misdemeanor, A person who makes or sells, or offers to sell 
or dispose of, or has in his possession with intent to sell or dispose of 
any article of merchandise marked, stamped or branded with the words 
"coin" or "coin silver," or enclosed in any box, package, cover or wrap- 
per, or other thing in or by which the said article is packed, enclosed or 
otherwise prepared for sale or disposition, having thereon any engraving 
or printed label, stamp, imprint, "mark" or "trademark" indicating or 
denoting by such marking, stamping, branding, engraving or printing that 
such article is "coin" or "coin silver," unless nine hundred and twenty- 
five one-thousandths of the component parts of the metal of which the said 
article is manufactured are pure silver, shall be deemed guilty of a mis- 
demeanor. Whoever violates the provisions of this Section shall, upon 
conviction, be subject to a fine not exceeding one hundred dollars for 
each offense, or be imprisoned in the county jail for not more than thirty 
days. 

Crim. Code, '12, § 510; Grim. Code, '02, § 363; 1894, XXI, 797. 

(213) § 91. Sale of Certain Firecrackers Prohibited. — It shall be 
unlawful for any person, whethe:r in his own right, or as agent, to sell, 
offer for sale, barter, exchange, or give away within the limits of this 
State any firecracker, cannon cracker, bomb, or any other kind of 
explosive cracker commonly called firecracker or fireworks, by whatever 
name designated or known, exceeding three inches in length and exceed- 
ing one-half inch in diameter, or any kind of firecracker, cannon cracker, 
bomb or explosive cracker by whatever name called or known contain- 
ing dynamite o:r any substance that is poisonous when taken internally 
by children or other persons. Anyone violating the provisions of this 
section shall upon conviction, be punished by a fine not exceeding five 
hundred ($500.00) dollars, or imprisonment not exceeding one year, or 
both, at the discretion of the Court, 

Crim. Code, '12, § 161 ; 1902, XXIIl, 1095 ; 1921, XXXII, 158. 

(214) § 92. Sale of Certain Toy Pistols Prohibited — Penalty. — It 

shall be unlawful for any person, firm or corporation, in this State, to sell, 
keep for sale or offer for sale, or give away, any toy pistol, in which 
caps or cartridges are used, or any caps or cartridges for such toy pistol. 
Every person, firm or corporation violating the provisions of this Sec- 
tion, shall, upon conviction, be fined not exceeding one hundred dollars, 
or be imprisoned (in case of an individual) for a term not to exceed 
thirty days. 

Crim. Code, '12, § 512 ; 1903, XXIV, 123. 



OF SOUTH CAROLINA 75 

(215) § 93. Penalty for Hawking and Peddling Without License. — 

If any hawker or peddler sell or expose for sale any goods, wares or mer- 
chandise in any county in this State, without having obtained a license for 
that purpose from the Clerk of Court of Common Pleas of the county 
within which he is exposing for sale or selling such goods, wares and 
merchandise, as required by law, he shall be deemed guilty of a mis- 
demeanor, and, upon conviction thereof, shall be fined not more than fifty 
dollars, or imprisonment in the county jail not more than thirty days. 

Crim. Code, '12, § 511 ; Crim. Code, '02, § 364 ; G. S. 1341 ; R. S. 294 ; 1S76, XVI, 64 ; 
1893, XXI, 408. 

State V. Belcher, 1 McM. 42; State v. Powell, 10 Rich. 373; State v. Morehead, 42 S. C. 211, 
20 S. E. 544; Alexander v. Greenville, 49 S. C. 527, 27 S. E. 469; State v. Coop, 52 S. C. 
508, 30 S. E. 609. 

City ordinance held in violation of interstate commerce provisions of U. S. constitution. 
Laurens v. Elmore. 55 S. C. 477, 33 S. E. 560 

One who solicits orders for medicines to be shipped into the State from another State, and 
here to be delivered bv another person, is not a hawker or peddler. State v. Ivey, 73 S. C. 
283, 53 S. E. 428, 23 Stats. 1101. 

(216) § 94. Vendors and Hawkers Prohibited from Going on Private 
or Corporate Premises Without Permission. — It shall be unlawful for 
any agent, vendor or hawker, whether representing a corporation or selling 
goods of any kind for his own personal gain, to enter upon the premises of 
another person for the purpose of soliciting business or orders from the 
employees of the place without first obtaining consent of the owner : Pro- 
vided, The provisions of this Section shall apply only when the party 
takes a mortgage or lien for the goods or articles of property sold: Pro- 
vided, however. That the provisions of this Section shall not apply to 
agents or representatives of insurance companies : Provided, further, That 
the provisions of this Section shall not apply to producers of agricul- 
tural products, nor to agents of persons, firms or corporations conducting 
regular mercantile or other business establishments within the county in 
which the sale or solicitation of business takes place. For each and every 
violation of this Section the offender shall be deemed guilty of a mis- 
demeanor, and, upon conviction in any Court of competent jurisdiction, 
shall be punished by a fine of not less than twenty-five dollars, or impris- 
onment at hard labor for not less than twenty days : Provided, That the 
provisions of this Section shall not apply to farmers offering their prod- 
ucts for sale and to persons taking orders for merchandise or delivering 
same for regular merchants. The provisions of this Section shall not apply 
to incorporated towns and cities of this State nor to cotton mill villages. 

1914, XXVIII, 581. 

(217) § 95. Itinerant Horse Trading and Fortune-Telling Unlawful 
Without License — Licenses — Act Ineffective in Absence of County 
Action. — It shall be unlawful for any person or persons to follow the 
business of horse trading or fortune-telling in any of the counties of 
this State, by traveling from place to place without first obtaining from 
the Clerk of the Court of the county in which they wish to follow their 
trade, a license permitting them to do so. Such license shall be issued by 
the Clerks of the Court of the counties of this State to any person apply- 
ing for same upon payment by said applicant, of the sum of $100.00. Said 
license shall specify the name of the applicant, his or her former resi- 



76 CRIMINAL LAWS 

dence, and shall be for a period of one year, from th.e issuance thereof: 
Provided, This Section shall not be effective in any county until the County 
Board of Commissioners of such county authorize, by resolution, the collec- 
tion of such tax. Any person violating the provisions of this Section, 
shall be guilty of misdemeanor, and upon conviction shall be punished by 
a fine of not more than $100.00, or imprisonment for not more than thirty 
days for each and every offense, provided that the provisions of this Sec- 
tion, shall not apply to livery or sales stable owners, who have a permanent 
residence within the State. 
1916, XXIX, 703. 

(218) § 96. Unlawfiil for Nomadic Individuals to Encamp, Engage 
in Fortune-Telling, or Trade Without a License — Penalty — Not to Apply- 
to Clarendon and Union Counties. — It is hereby declared unlawful for 
any nomadic individual, or bands of such, to encamp, engage in fortune- 
telling or to trade in horses or mules, or other animals or commodities 
within any county of this State, without first having obtained a license 
from the Clerk of Court therefor in the sum of three hundred dollars; a 
violation of this Section shall be deemed a misdemeanor and punishable by 
fine or imprisonment, or both, in the discretion of the Court: Provided, 
That the provisions of this Section shall not apply to Clarendon County: 
Provided, This Section shall not apply to Union County. 

191S, XXX, 801. 

(219) § 97. Entomologist Empowered to Enter Any Premises. — The 

Entomologist appointed by the State Board of Entomology, or his assist- 
ant, is hereby authorized and empowered to enter upon any premises in 
this State for the discharge of the duties prescribed by the Civil Code, 
or hereby prescribed, or that may be prescribed by said Board; and any 
person or persons who shall pester or hinder him in the discharge of such 
duties shall be deemed guilty of a misdemeanor, and, upon conviction, 
shall be punished by a fine not exceeding one hundred dollars, or by im- 
prisonment in the county jail not exceeding thirty days. 
Crim Code, '12, § 513; 1903, XXIY, 23. 

(220) § 98. Failure to Follow Treatm.ent Prescribed for Trees. — 

Failure or refusal on the part of the owner of the premises to execute the 
treatment prescribed by the Entomologist, or to destroy trees, plants 
or vineyards as directed by him, shall be deemed a misdemeanor, and, upon 
conviction thereof, such owner shall be punished by a fine not exceeding 
one hundred dollars, or imprisonment in the county jail not exceeding thirty 
days: And provided, further, That the provision in reference to destroy- 
ing plants shall not refer to cotton, corn, grain or such other field plants 
as are not subject to sale and transportation. No compensation shall be 
paid to the owner of the premises for any plant that shall thus be de- 
stroyed. 

Crim. Code, '12, § 514 ; 1903, XXIV, 24. 

(221) § 99. Sale of Infested Plants Prohibited.— It shall be unlawful 
to sell or offer for sale, or transport within this State, plants, buds, trees, 
shrubs, vines, tubers, roots and cuttings that have not been inspected or 



OF SOUTH CAROLINA 77 

bear the inspection tag of the said Entomologist; and any person or per- 
sons violating the provisions of this Section shall be deemed guilty of a 
misdemeanor, and, upon conviction, shall be fined in a sum not exceeding 
one hundred dollars, or imprisonment in the county jail not exceeding 
thirty days. 

Crim. Code, '12, § 515 ; 1903, XXIV, 24. 

(222) § 100. Importation of Plants. — It shall be unlawful for any 
grower of fruit trees, nurserymen or corporation to ship within this State 
any trees, 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 inspec- 
tion in such form as may be adopted by said Board to accompany each 
box or package. Any person or corporation violating the provisions of this 
Section shall be deemed guilty of a misdemeanor, and upon conviction 
thereof, shall be punished by a fine not exceeding one hundred dollars, 
or be imprisoned in the county jail not exceeding thirty days. 

Crim. Code, '12, § 516, 1903, XXIV, 24. 

(223) § 101. Transportation of Plants. — No transportation company 
or common carrier shall deliver any box, bundle or package of trees, 
shrubs, cuttings, vines, bulbs or roots, shipped by parties residing with- 
out the limits of this State to any consignee at any station in this State, 
unless each, box, bundle or package is plainly labeled with a certificate 
of inspection furnished by the official Entomologist of the State in which 
said stock was grown, and also with the official tag of the State Board 
of Entomology. Any person or persons violating the provisions of this 
Section shall be deemed guilty of a misdemeanor, and, upon conviction, 
shall be fined in a sum not exceeding one hundred dollars. For the en- 
forcement of this Section, the Sheriff of each county in the State is hereby 
authorized and empowered, and it shall further be his duty, to seize such 
goods that do not bear the official tag of this Board, and hold the same 
until inspected and pronounced by the Entomologist, whom he shall notify 
at once to be free from the diseases and insects declared to be injurious 
by the said Board. 

Crim. Code, '12, § 517, 1903, XXIV, 25. 

(224) § 102, Sale of Diseased Plants a Misdemeanor. — It shall be 

Linlawful to sell, or offer for sale, or transport plants, buds, trees, shrubs, 
vines, tubers, bulbs, roots or cuttings, known to be infested with dan- 
gerous or injurious insects or plant diseases; and any person or per- 
sons violating the provisions of this Section shall be deemed guilty of a 
misdemeanor, and, upon conviction, shall be fined in a sum not! ex- 
ceeding one hundred dollars, or imprisonment in the county jail not 
exceeding thirty days. 

Crim. Code, '12, § 518; Crim. Code, 1902, § 366; 1900, XXIII, 703. 

(225) § 103. Unlawful to Enter Race Horses Under Assumed Names. 

— It is hereby made unlawful in this State for any person or persons know- 
ingly to enter, or cause to be entered, for competition, or to compete for 
any purse, prize, premium, stake or sweepstake offered or given by any 



78 CKIMINAL LAWS 

agric-ultural or other society, association, person or persons, or to drive 
any liorse, mare, gelding, colt or filly, under an assumed name, or out 
of its proper class, where such prize, purse, premium, stake or sweepstake 
is to be decided by a contest of speed. That any person or persons found 
guilty of a violation of this Section shall, upon conviction thereof, be 
imprisoned for a period of not more than one year, or shall be fined in any 
sum not exceeding one thousand dollars. 
Grim. Code, '12, § 519; 1904, XXIV, 530. 

(226) § 104. Name of Race Horses Not to Be Changed Except Under 
Rules Prescribed. — The name of any horse, for the purpose of entry for 
competition in any contest of speed, shall not be changed after once having 
contested for a prize, puTse, premium, stake or sweepstake, except as 
provided by the code of rules of the society or association under which the 
contest is advertised to be conducted. That the class to which a horse 
belongs, for the purpose of an entry in any such contest of speed, shall be 
determined by the public performance of said horse in any former contest 
or trial of speed, as provided by the rules of the society or association 
under which the proposed contest is advertised to be conducted. And 
any person or persons knowingly misrepresenting or fraudulently conceal- 
ing the public performance in any former contest or trial of speed of any 
horse which he or they propose to enter for competition in any such con- 
test, shall, upon conviction thereof, be liable to the same punishment as 
provided in the preceding Section, whether he or they shall succeed in 
making said entry or not. 

Crim. Code, '12, § 520; 1904, XXIV, .530. 

(227) § 105. Alterations of Teeth of Horses a Misdemeanor. — Any 

person who files down, drills or bores holes in, or otherwise makes alter- 
ations in the teeth of any horse or mule, for the purpose of deception as to 
the age of such animal, shall be guilty of a misdemeanor, and, upon con- 
viction thereof, shall be punished by imprisonment for not exceeding thirty 
days, or by a fine not to exceed one hundred dollars. 
Crim. Code, '12, § 521 ; 1904, XXIV, 498. 

(228) § 106. Unlawful to Bring Into This State Certain Animals 
Until Examined. — It shall be unlawful for any transportation company, 
person or corporation to bring into the State any horses, mules, asses, 
cattle, sheep or swine for work, feeding, breeding or dairy purposes, unless 
such animals have been examined and found free from the following con- 
tagious diseases, to wit : Glanders, farcy, tuberculosis, scabies, maladie du 
colt, hog cholera, epizootic, lymphangitis or any other contagious or infec- 
tious disease, which freedom from disease shall be established by a certifi- 
cate of health signed by a State veterinarian or assistant State veterina- 
rian of the State from which such shipment is made, or a veterinarian of 
the United States Bureau of Animal Industry, or by a veterinarian 
acting under the direction or order of the associate professor of veter- 
inary science of Clemson College, who shall act as State Veterinarian of 
South Carolina. The certificate of health and permit given by the above 
mentioned veterinarian shall be given in duplicate, the original of which 



OF SOUTH CAROLIXA 79 

shall be forwarded to the State Veterinarian of South Carolina, and the 
duplicate given to the railroad or transportation company to be attached 
to the bill of lading for said animals : Provided, That in the case of cattle 
over sis months of age, to be used for breeding or dairy purposes, the 
non-existence of tuberculosis shall have been determined by the tuberculin 
test within thirty days preceding such importation, and certified by the 
veterinarian issuing the above mentioned certificate of health and per- 
mit. The tuberculin test shall not be demanded for cattle intended for 
exhibit at town, county, district or State fairs. 

Notice to Be Givex State Veterixaeiax. — In an}' case where the in- 
spection certificate as required in this Section has not been obtained, 
transportation companies shall notify the State Veterinarian and shall 
hold such animals at the first station within South Carolina, where are 
suitable facilities for holding animals for inspection by the State Veter- 
inarian or his assistant; such inspection to be made at the expense of 
the owner. 

Penalty for Violating This Section. — Any transportation company, 
corporation or agent thereof, or any individual, violating any of the pro- 
visions of this Section shall be guilty of a misdemeanor, and, on conviction 
thereof, shall be fined for each offense not less than five hundred ($500) 
dollars nor more than one thousand ($1,000) dollars, or be imprisoned for 
not more than one year. Such transportation company, corporation or in- 
di^^idual shall be liable in the civil action to any person injured for the 
full amount of damages that may result from the "^^iolation of this Section. 
Action may be brought in any county in the State in which said animals 
are sold, offered for sale or delivered to purchaser, or anywhere they may 
be detained in transit. 

ExcEPTioxs. — The provisions of this Section shall not apply to cattle, 
hogs and sheep shipped to points within the State where the United States 
Department of Agriculture maintains inspection, or where local authori- 
ties may establish and maintain inspection of animals for slaughter under 
supervision of a graduate veterinarian of a recognized college. 

Killing Diseased AN^MALS — Compensation. — Neither tuberculous cat- 
tle nor glandered horses, mules or asses shall be killed as such until they 
have been inspected by the State Veterinarian or his assistant and are 
pronounced by him to be so diseased. And whenever any animal is killed 
because it is afflicted with either of said diseases, the actual cash value of 
the diseased animal immediately prior to killing and the cash value of 
the carcass, if any, shall be fixed within twenty-four hours thereafter, by 
appraisers chosen in the manner described in this Section. The value 
of the carcass shall be deducted from that of the li-\TLng animal and three- 
fourths of the remainder shall be paid to the owner by the State in cases of 
horses and mules and one-third of such remainder shall be paid by the State 
in cases of cattle: Provided, That in no case shall the appraised value of a 
horse exceed one hundred and fifty ($150.00) dollars, nor of a tuberculosis 
cow of pure breed exceed one hundred and fifty ($150.00) dollars, nor 
shall any such animal be so appraised or paid for unless it be at least six 



80 CRIMINAL LAWS 

months old and have been in good faith owned and kept within the State 
for six months immediately before the killing. 

Appraisement of Animals to Be Killed. — Whenever the State Veter- 
inarian or his assistant shall decide upon the killing of an animal he shall 
notify the owner of such decision (in writing). If satisfactory to the 
owner, three appraisers shall then be chosen in the following manner : One 
to be appointed by the State Veterinarian (or his assistant), one to be 
appointed by the owner and the third to be the State Veterinarian or his 
assistant. The persons so appointed must be practical stock men, and their 
services shall be rendered free of charge. Appraisers thus chosen shall 
appraise diseased animals at their actual cash value immediately prior 
to the killing, and this amount shall be paid to the ovsoier, less the value 
of the carcass, which shall also be appraised by the appraisers above men- 
tioned. Should this mxethod of appraisal be unsatisfactory to the owner, 
he may, within twenty-four hours after receipt of notice from the State 
Veterinarian, file with the Chairman of the Veterinary Committee of the 
Board of Trustees of Clemson College, a protest stating therein, under 
oath, that, to the best of his knowledge and belief, the animal is not in- 
fected with tuberculosis or glanders. Thereupon, if the animal be killed an 
autopsy shall be held by three experts, who shall be graduate veterina- 
rians of a recognized college, one to be appointed and paid by the owner, 
one to be appointed by the State Veterinarian and paid by the State, and 
the third to be the State Veterinarian or his assistant. These three experts 
shall appraise such animal before it is killed at its actual cash value, 
and if the autopsy shows that the animal is entirely free from any such 
disease, the cash value of the animal immediately before the killing shall 
be paid to the owner by the State, less the value of the carcass. Ap- 
praisements made under this Section shall be in writing and shall be signed 
by the appraisers and certified by the local Board of Health and the State 
Veterinarian, respectively; these appraisements shall be transmitted to 
the Comptroller General of the State, who shall draw a warrant on the 
State Treasurer for the amount thereof. If any animal be killed by 
the order of the State Veterinarian or his assistant for the sole reason that 
it has been exposed to contagion or infection, the foregoing provisions as 
to autopsy, appraisal and payment shall apply and no protest need be 
filed. 

Expenses of Appraisal. — The expert appointed by the State Veterina- 
rian to assist in appraising animals, in cases of protest, shall receive- 
from the State five ($5) dollars per day and traveling expenses while on 
actual duty. An itemized bill of expenses of this veterinarian, certified by 
the local Board of Health and the State Veterinarian, shall be transmitted 
to the Comptroller General of the State, who shall draw a warrant on the 
State Treasurer for the amount thereof. 

Crim. Code, '12, § 522 ; 1909, XXVI, 209 ; 1919, XXXI, 92. 

(229) § 107. Duty of Trustees of Clemson College Regarding Cattle 
— Reports — Regulation of Transportation. — The Board of Trustees of 
the Clemson Agricultural College shall be charged with the duty of mak- 
ing investigation adapted to promote and improve the marketing of cattle, 



OF SOUTH CAROLINA 81 

and especially investigation relating to the diseases of cattle and other 
domestic animals ; shall from time to time ascertain in what section of the 
State cattle are free from contagions or infectious diseases, or splenetic 
fever ; shall publish and distribute from time to time information relating to 
any contagious diseases and suggest remedies therefor, and shall have power 
in any such cases to quarantine such individual animals and to regulate 
the transportation of stock from one section of the State to another; may 
cooperate with the officials of other States and with the United States 
Department of Agriculture, in establishing and maintaining such cattle 
districts and quarantine lines as they may deem proper and best to pre- 
vent the introduction of cattle diseases, such as splenetic or Spanish fever, 
and to expend such funds as may be necessary to carry into effect any and 
all of the purposes aforesaid. And they are hereby vested with full power 
and authority to adopt and publish such rules and regulations as they may 
deem necessary and advisable to carry into effect any and all of the objects 
and purposes of this Section, or any or either of the matters referred to 
therein. Any person violating the terms of this Section, or any of the 
rules or regulations so adopted, shall be guilty of a misdemeanor, and, 
upon conviction, shall be fined not less than one hundred dollars, or im- 
prisoned not more than thirty days, and shall also be liable to any person 
injured for any and all damages resulting from such conduct. 

Quarantine of Live Stock, Stockyards, Etc., by Veterinarian. — The 
State Veterinarian is authorized and directed to quarantine a stall, lot, 
yard, pasture, field, farm or town when he shall determine the fact that 
live stock in such place or places are affected with contagious, infectious or 
communicable disease, or when said live stock are infested or infected with 
the carrier or carriers of contagious, infectious, or communicable diseases. 
The State Veterinarian, assistant State Veterinarian, or live stock in- 
spectors appointed by him, shall give written or printed notice of the estab- 
lishment of said quarantine to the owners or keepers of said live stock. 
Any person who shall move live stock from these premises without written 
permission from the State Veterinarian, or an authorized live stock inspec- 
tor, shall be guilty of a misdemeanor, and, on conviction, shall be pun- 
ished for each and every violation by a fine not less than ten dollars nor 
more than one hundred dollars, or by imprisonment not less than ten days 
nor more than sixty days, or by such fine and imprisonment. 

Crim. Code, '12, § 523; 1909, XXVI, 209. 

(230) § 108. Unlawful to Permit Stock to Come Into This State and 
Run at Large. — It shall be unlawful for any person to drive, or cause to 
be driven, or in any other manner to permit them to come into this State, 
any horses, mules, hogs, cattle, sheep, or other live stock, and suffer it 
to run at large in any marsh, or forest lands, or range in this State. Any 
person so offending shall be subjected to a penalty of five dollars for each 
head so permitted to run at large, to be recovered for the benefit of any 
one who may sue for the same, or proceed by attachment in case 
the offender cannot be found in this State : Provided, This Section shall 
not apply to any person owning lands in this State, and permitting such 
stock to run at large, as aforesaid, upon his own lands, nor to any person 

7 C L 



82 CRIMINAL LAWS 

driving, or causing to be driven, any such stock to or from market, or for 
breeding purposes. 

Crim. Code, '12, § 524; 1903, XXIV, 124. 

(231) § 109. Sale of Goods, Etc., Prohibited Within One-Half IVQle 
of Camp Ground. — It shall be unlawful for any itinerant trader or trades- 
man, or other than established dealer of the community, to offer for sale 
any goods, wares or merchandise within one-half of a mile of any camp 
ground or other place of religious meeting, while meetings are in progress, 
outside an incorporated town or city, except with the permission of the 
trustees or other board of management of such meeting : Provided, This 
Section shall not apply to vendors of fresh fruit or vegetables or any farm 
product. Any person violating the provisions of this Section shall bfe 
deemed guilty of a misdemeanor, and, upon conviction, shall be fined in 
a sum not exceeding fifty dollars, or be imprisoned not exceeding twenty 
days. 

Crim. Code, '12, § 525; Crim. Code, '02, § 372; 1901, XXIII, 750. 

(232) § 110. Use of Bottles, Ke^s, Etc., of Others in Trade.— It shall 
be unlawful for any person engaged in the business of manufacturer, 
bottler or dealer in beer, soda water, or mineral waters, to use in the 
course of his business, any kegs, boxes, crates or bottles owned by any other 
person engaged in such business and rendered capable of identification by 
the name of the owner or other distinguishing marks stamped, stenciled, 
engraved, cut or in any other manner fixed thereon, without the consent of 
such owner in writing. No person, firm or corporation shall trade or traffic 
in any such boxes, crates, boxes, bottles, jugs, kegs or other such vessels, 
except for the consumption of said beer, soda water or mineral waters 
placed therein by the owners. Any violation of this Section shall be 
deemed a misdemeanor, punishable by a fine of not less than ten .dollars 
nor more than one hundred dollars, or by imprisonment in the county 
jail for not less than ten days nor more than thirty days, or both^ at the 
discretion of the Court for each offense. 

Crim. Code, '12, § 526 ; 1902, XXIII, 1103. 

(233) § 111. Sale of Diseased Stock a Misdemeanor. — It shall be un- 
lawful to sell or offer for sale, in tiiis State, any horse, mule, cattle, hog, 
or any other live stock, that is known to be affected with any contagious 
disease, the tendency of which is to cause the death of any such live stock; 
and any person or persons violating the provisions of this Section shall be 
deemed guilty of a misdemeanor, and, upon conviction, shall be fined in 
a sum not exceeding one hundred dollars, or be imprisoned in the county 
jail not exceeding thirty days. 

Crim. Code, '12, § 527 ; Crim. Code, '02, § 369 ; 1901, XXIII, 738. 

(234) § 112. No Unlicensed Pilots to Act. — No person shall be 
authorized or permitted to conduct and pilot any vessel over the bar, 
when coming into or going out of port, unless such person shall have a 
license as aforesaid; and every person not having 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 ves- 



OF SOUTH CAROLINA , 83 

sel which has to cross the bar, as well as every pilot having a limited liceuse 
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, 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 a fine of one hundred dollars, or im- 
prisonment for not more than thirty days, or be suspended: Provided, 
however, That the foregoing prohibition 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. 
Crim. Code, '12, § 398; 1909, XXVI, 187. 

(235) § 113. Unlawful to Use Words "Bank" or "Banking" in 
Certain Cases. — It shall be unlawful for any person or persons in this 
State to use the word "Bank" or "Banking" in connection with any busi- 
ness, calling or pursuit, other than a legalized incorporated banking insti- 
tution. Any person or persons violating the provisions of this Section 
shall be subject to a fine of not less than one thousand ($1,000) dollars 
and not more than ten thousand ($10,000) dollars and by imprisonment 
not exceeding ten years, nor less than one year, in the discretion of the 
Court. 

1913, XXVIII, 107. 

(236) § 114. Traffic in Milk Cans or Defacing- Marks Thereon, Un- 
lawful. — 1. It is hereby declared to be unlawful for any person or persons, 
without the consent of the agent of the owner or owners or shipper or ship- 
pers, to use, or. sell, dispose of, buy or traffic in any milk or cream can 
or cans, belonging to any dealer or dealers, or shipper or shippers of milk 
or cream residing in the State of South Carolina or elsewhere, who may 
ship milk or cream to any city, town or place within this State, having the 
name or initials of the owner or owners of such dealer or dealers, or 
shipper or shippers stamped, marked or fastened on such can or cans, or 
to wilfully mar, erase or change by remarking or otherwise, said name or 
initials of any such owner or owners, or dealer or dealers, or shipper or 
shippers so stamped, marked or fastened upon said can or cans. 

2. Possession Without Consent, Presumptive Evidence. — The fact of 
any person or persons without the consent of the agent of the owner, 
dealer or dealers, or shipper or shippers thereof, either using, selling, dis- 
posing of, buying, trafficking in, or having in his, her, or their possession 
or under his, her, or their control any such milk or cream can or cans, 
shall be presumptive evidence of the unlawful use, sale, purchase of, or 
traffic in such can or cans. 

8. Penalty. — Any person or persons who shall, in violation of this Sec- 
tion, either use, sell, dispose of, buy, traffic in or have in his, her or their 
possession any such can or cans, or who shall wilfully mar, erase or change 
by re-marking or otherwise the said initials of any such owner or owners. 



84 CRIMINAL LAWS 

dealer or dealers, shipper or shippers so stamped, marked or fastened upon 
said can or cans as in this Section provided, shall be giiilty of a misde- 
meanor, and upon conviction, shall be punished by a fine not exceeding 
one hundred ($100.00) dollars, nor less than ten ($10.00) dollars, or by 
imprisonment not exceeding thirty days. 
1918, XXX, 846. 

(237) § 115. Handling-, Etc., of Certain Motor Vehicles a Misde- 
meanor — Penalty. — "Whoever knowingly, buys, sells, receives, disposes of, 
conceals or has in his possession any motor vehicle, from which the man- 
ufacturer's serial number or any other distinguishing number or identifi- 
cation mark has been removed, defaced, covered, altered, or destroyed, for 
the purpose of concealment or misrepresenting the identity of the said 
motor vehicle, shall be guilty of a misdemeanor, and, on conviction, shall 
be fined not more than two hundred dollars, or imprisoned not more than 
six months, or both. 

1918, XXX, 823. 

(238) § 116. Record to Be Kept by Dealers in Crossties — Penalty for 
Violation. — Any person, firm or corporation, within South Carolina, 
dealing in crossties shall keep a book of record, which shall be open to the 
public, in which shall be legibly wi'itten the name of the party or parties 
from whom crossties are purchased, the number of crossties purchased, and 
the lands or premises from which the said crossties are cut or harvested. 
Any person \dolating the terms of this Section shall be subject to a fine 
of twenty-five dollars for each offense. 

1918, XXX, 701. 

(239) § 117. Violation of School Attendance Laws a Misdemeanor. 

— That any parent, guardian or other person having charge of any 
child subject to the provisions of Sections (2739) to (2753), Civil Code, 
who wilfully neglects or refuses to comply with those provisions, or any 
person, firm or corporation who shall induce such child to violate same 
shall be deemed guilty of a misdemeanor, and, upon conviction thereof 
before any Magistrate, be fined not less than five nor more than ten 
dollars, or be imprisoned not less than five nor more than ten days. 
All fines collected under this Section a;re to be paid into the school fund 
for such district in which said offense was committed. 
1915, XXIX, 108 ; 1919, XXXI, 205 ; 1921, XXXII, 754. 

(240) § 118. Unlav/ful to Allow Minors to Play Pool or Billiards- 
Penalty. — It shall be unlawful for any keeper or owner of any pool or 
billiard tables to allow any minor under eighteen years of age to play pool or 
billiards in any place where tables are used and such games played, or 
to allow such minors to frequent or loiter in any billiard or pool room. 
Any owner, keeper, or person operating such gaming tables, violating this 
Section, shall be deemed guilty of a misdemeanor, and, upon conviction 
thereof, shall be fined not less than twenty-five dollars nor more than one 
hundred dollars, or be imprisoned at hard labor for not less than ten nor 
more than thirty days. This Section shall not apply to Young Men's 



OF SOUTH CAROLINA 85 

Christian Associations or clubs or private homes where such games are 
played, for social purposes only, without fee, toll, or charge. 
Crim. Code, '12, § 318; 1910, XXVI, 750. 

(241) § 119. Felony for Officers of Bank to Receive Deposits After 
Knowledge of Insolvency. — It shall be felony for any president, director, 
manager, or cashier, or other officer of any banking institution, to receive 
any deposits or trusts, or to^ create any debts for such corporation, after 
he shall become aware that such corporation is insolvent ; and every officer 
of such failing corporation shall 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 pros- 
ecution be made or not. And all persons convicted for felony, 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. 

Crim. Code, '12, § 346 ; Crim. Code, '02, § 259 ; G. S. 1348 ; R. S. 223 ; 1877, XVI, 232. 

(242) § 120. Unlawfully Carrying Military Property— Penalty.— Any 

officer or enlisted man who shall, contrary to the lawful order of the proper 
officer, retain in his possession or control any arms, equipments or other 
article of military property belonging to the State or the United States, 
or who shall wilfully or maliciously destroy or injure any such property, 
or who shall, when not on duty, use or wear any such property without 
permission of his commanding officer, shall be tried therefor by a Mag- 
istrate, and, upon conviction, shall be fined not exceeding one hundred 
dollars or imprisoned not exceeding thirty days. Whenever such military 
property shall be found in the custody or possession of other persons, with- 
out right, any officer shall take possession of the same. 
Crim. Code, '12, § 205 ; 1905, XXIV, 818. 

(243) § 121. Fraudulent Disposition of Military Property — Unlaw- 
fully Wearing Insignia of Office. — Any person who shall secrete, sell, 
dispose of, offer for sale, purchase, retain after demand made by a commis- 
sioned officer of the National Guard, or in any manner pawn or pledge 
any arms, uniforms, equipments, or other military property, issued under 
the provisions of this Chapter, and any person who shall wear any uni- 
forms, or any device, strap, knot, or insignia of any design or character 
used as a designation of grade, rank or office, such as are by law or by 
general regulation, duly promulgated, prescribed for the use of the active 
militia or similar thereto, except members of the Army and Navy of the 
United States and the National Guard of this or any other State, shall 
be tried therefor by a Magistrate, and upon conviction thereof, shall be 
fined not exceeding • one hundred dollars or imprisoned not exceeding 
thirty days. All money recovered by any action or proceeding under this 
or the preceding Section shall be paid to the Adjutant and Inspector 
General, who shall apply the same to the use of the active militia. 

Crim. Code, '12, § 206 ; 1905, XXIV, 818. 

(244) § 122. No Dividends to Be Paid Unless Earned. — It shall be 
unlawful for any incorporated company to pay any dividends on the 
capital stock of such company, unless the same have been actually earned, 



86 CRIMINAL LAWS 

or are paid out of any surplus heretofore earned, and not set aside for a 
special purpose, upon the approval of the stockholders of the incorporated 
company to be affected. 

Unlawful foe Companies to Make False Statements. — -It shall be 
unlawful for any officer or director of any corporation or company to 
make any false statement in regard to the financial condition of such com- 
pany or corporation. 

Penalty. — Any violation of this Section by the officers or agents of 
such company shall be punished by fine of not less than five hundred 
dollars or imprisonment for not less than six months. 

Crim. Code, '12, § 211; 1909, XXVI, 21. 

(245) § 123. Banks to Publish Quarterly Statements. — All institu- 
tions doing business in this State in lending money and receiving de- 
posits, under Acts of incorporation granted by the State, are hereby 
required, under penalty of a forfeiture of their charters, to publish in a 
newspaper in the city, town or village where they, or any branch thereof, 
may do 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 required 
herein, the Attorney General, on notice thereof, shall at once take the 
necessary steps to vacate the charter of said institution. That said Section 
shall apply to all private banking institutions, whether chartered or not; 
and any person, firm or copartnership conducting the business of lending 
money and receiving deposits, refusing or neglecting to publish the state- 
ment herein provided, shall be deemed guilty of a misdemeanor, and, upon 
conviction in any Court of competent jurisdiction, shall be fined in the 
sum of not less than one hundred dollars or not more than one thousand 
dollars, or imprisoned at hard labor for a period of not less than three 
months, or not more than one year, or both, in the discretion of the Court. 

Crim. Code, '12, § 255 ; 1904, XXIV, 398. 

(246) § 124. Certain Shows Not to Exhibit Within Five Miles of An 
Agricultural Fair— Proviso — Violation a Misdemeanor. — All circuses and 
other large shows exhibiting under canvas are hereby prohibited from ex- 
hibiting within a radius of five miles of any agricultural fair in this State 
during the time of the holding of the said fair, except under the auspices 
of or with the consent of such fair association : Provided, If the executive 
officer of said fair consents in writing and said written consent is filed 
with the Sheriff of the county, this Section shall not apply to that exhibi- 
tion of that show or circus. All persons in charge of, or in any way 
operating or assisting in carrying on, any such circuses or tent shows vio- 
lating the provisions of this Section shall be fined in a sum not exceeding 
five hundred dollars or imprisonment for not longer than six months, or 
both, in the discretion of the Judge. 

1918, XXX, 787. 



OF SOUTH CAROLINA 87 

(247) § 125. Tent Shows, Except Circuses and Chautauquas, Pro- 
hibited in Beaufort, Bamberg, Cherokee, Calhoun, Clarendon, Fairfield, 
Greenwood, Greenville, Hampton, Horry, Allendale, Lancaster, Laurens, 
McCormick, Newberry, Oconee, Kershaw, Charleston, and Pickens Coun- 
ties. — No carnival and no traveling shows exhibiting under tent shall 
be allowed license or be allowed to exhibit within the Counties of Beau- 
fort, Bamberg, Calhoun, Cherokee, Clarendon, Fairfield, Greenwood, 
Greenville, Hampton, Horry, Allendale, Lancaster, Laurens, McCormick, 
Newberry, Oconee, Kershaw, Charleston and Pickens, except circuses, 
which may be licensed for a time not exceeding forty-eight hours, any 
one year: Provided, That the provisions of this Section shall not apply 
to Chautauquas: Provided, further, that the provisions of this shall 
not apply to the city of Camden, m the county of Kershaw, during the 
time that any County Fair or Horse Show is held thereat, but other 
times this Section shall apply. 

Any person owning, operating, or who is connected with or employed 
by any carnival company or show violating the provisions of this Sec- 
tion shall be guilty of a misdemeanor, and, upon conviction, shall be 
punished by a fine of not less than twenty-five ($25.00) dollars nor more 
than one hundred ($100.00) dollars, or imprisonment of not less than 
five days nor more than thirty days. Every performance or exhibition 
of such show or carnival shall be a separate offense. 

1917, XXX, 545 ; 1918, XXX, 764 ; 1919, XXXI, 150 ; 1920, XXXI, 927 ; 1921, 
XXXII, 331. 

(248) § 126. Tent Shows, Except Circuses, Prohibited in Anderson 
County. — No carnival, or other traveling show exhibited uuder tent, shall 
be allowed license or allowed to exhibit such show within the County of 
Anderson, except circuses, which may be licensed for a time exceeding 
forty-eight (48) hours during any one year: Provided, however, That this 
Section shall not be construed to prevent the exhibition of genuine Chau- 
tauquas. 

1919, XXXI, 117. 

(249) § 127. Carnival and Tent Shows, Prohibited in Richland 
County — Provisos.— Penalty for Violation. — Hereafter it shall be unlaw- 
ful for any carnival or tent show of like nature, or traveling show 
exhibiting under tent to exhibit in Richland county: Provided, That 
the South Carolina Agricultural and Mechanical Society may, within 
their discretion, permit carnivals and other like shows during the 
State Fair week to exhibit within the enclosure of the grounds of the 
South Carolina Agricultural and Mechanical Society: Provided, further, 
That the provisions, of this Section shall not apply to Chautauqua or 
Colored State Fair: Provided, further, That it shall not apply to 
circuses, which circuses may be licensed for a time not exceeding forty- 
eight hours in any one year. Any person, firm or corporation violating the 
terms of this Section shall be fined in the sum of not less than five' 
hundre;d ($500.00) dollars and three months imprisonment for each 
and every offense, 

1921, XXXII, 256. 



88 CEIMINAL LAWS 

(250) § 128. Carnivals and Tent Shows Prohibited in Aiken and 
Barnwell Counties — Exceptions — Penalty. — Hereafter it shall be un- 
lawful for a tent show or any carnival of a like nature, or travjeling 
show under tent to exhibit in Aiken or Barnwell counties. Provided, 
That the provisions of this Section shall not apply to Chautauquas or to 
circuses, which circuses may be licensed for a time not exceeding forty- 
eight (48) hours in one year. Any person, jfirm or corporation violat- 
ing the terms of this Section shall be fined in a sum of not less than five 
hundred ($500.00) dollars, or imprisoment for a period not less than 
three months for each and every offense. 

1921, XXXII, 224. 

(251) § 129. Carnivals and Tent Shows Prohibited in Chesterfield, 
Dorchester, Marlboro, Darlington, Lexington, Colleton, Chester, Union 
and York Counties — Provisos — Penalty. — It shall be unlawful for any 
carnival or tent show of a like nature, or traveling show exhibiting under 
tent to exhibit in Chesterfield, Dorchester, Marlboro, Darlington, Lexing- 
ton, Colleton, Chester, Union, and York Counties, and no license shall be 
granted to any carnival company, or other like exhibition, within the 
Counties of Chesterfield, Dor^'hester, Marlboro, Darlington, Lexington, 
Colleton, Union and York: Provided, The management of the County 
Fair Association, during the county fair, may permit carnivals and other 
like shows during fair week within the enclosure of the grounds of the 
County Fair Association: Provided, That the provisions of this Section 
shall not apply to Chautauquas. And provided, Same shall not apply to 
circuses, which circuses may be licensed for a time not exceeding forty- 
eight hours in any one year. 

Any person, firm or corporation violating' the terms of this Section shall 
be fined a sum not less than five hundred ($500.00) dollars and three 
months imprisonment for each and every offense. 

1920, XXXI, 927; 1921, XXXII, 100. 

(252) § 130. Unlawful to Discharge Oil or Any Oil Product from 
Vessel in Harbor. — It shall be unlawful for any person, or persons, 
their agents, servants or employees, in charge of, or having custody of, 
any vessel, entering or while within any harbor in this State, to discharge, 
or permit to be discharged, from any vessel any seepage, or refuse of 
fuel oil, or any other oil product. 

Any violation of this Section shall be a misdemeanor, and, upon convic- 
tion thereof, shall be subject to a fine not exceeding five hundred 
($500.00) dollars, and if said fine is not paid, the same shall be deemed to 
be a lien on the vessel over which said person had control ; said lien shall 
be a prior lien to all other liens except State taxes, and shall be en- 
forceable as other liens are by the laws of this State. 

It shall be the duty of the Port Commissioner or other officer or 
peirson in charge of, or having supervision over, vessels entering the 
ports of this State, to see that the provisions of this Section are in force. 

1921, XXXII, 159. 

(253) § 131. Failure to Accept Rates Prescribed by Public Service 
Commission, Water, Gas or Electricity. — Any person, firm or corpora- 



OF SOUTH CAROLINA 89 

tion now or hereafter owning or operating such water, gas or electric plant, 
who shall fail or refuse to accept the rate fixed by the Public Service 
Commission, appointed by the Governor, to be charged for water, gas, or 
electricity, and instead thereof shall charge, demand or receive a greater 
amount than that fixed by the Public Service Commission provided for in 
Chapter XIX of the Civil Code, shall be .deemed guilty of a misde- 
meanor, and, upon conviction thereof, shall be fined in any sum not 
less than $25 nor more than $100, and each overcharge to any consumer 
of water, gas, or electricity shall constitute a separate offense, to be recov- 
ered in any Court of competent jurisdiction, one-half of such fine as may 
be imposed going to the informer and the other half to go to such city 
where the complaint arises. 

Crim. Code, '12, § 276; 1910, XXVI, 564. 

(254) § 132. Warehousemen Violating Regulations of Civil Code. 

— Any warehouseman, wharfinger, inspector, custodian or other per- 
son who shall wilfully violate any of the provisions of Sections (3903) 
to (3913) Civil Code, shall be deemed guilty of a misdemeanor, and 
upon indictment and conviction, shall be fined in any sum not exceed- 
ing five hundred dollars, or imprisoned for a term not exceeding one 
year, or both. 

Crim. Code, '12, § 279 ; Crim. Code, '02, § 207 ; 1887, XIX, 853. 

(255) § 133. Fraudulent Misrepresentation by Directors. — Any direc- 
tor who shall knowingly and wilfully make, or cause to be made, any fraud- 
ulent misrepresentation in any certificate required by Sections (4262) and 
(4263) of the Civil Code, as to the increase and decrease of capital stock, 
shall be guilty of a misdemeanor, and, upon conviction thereof, shall be 
punished by a fine of not more than two thousand dollars, or by impris- 
onment for not more than two years, or both, in the discretion of the 
Court. 

Crim. Code, '12, § 280; Crim. Code, '02, § 208; 1899, XXIII, 58. 

(256) § 134. Any Officer of Corporation G-uilty of a False Statement 
Guilty of Perjury. — Any president or other officer of a corporation or- 
ganized under the laws of this State, who shall wilfully make any false 
statement under oath, when making and submitting the report required by 
Section (4295) of the Civil Code, shall be deemed guilty of wilful and 
corrupt perjury, and subject to the same punishment as is provided by law 
for wilful and corrupt perjury. 

Crim. Code, '12, § 292; 1909, XXVI, 172. 

(257) § 135. Misdemeanor to Fail to Make Corporate Report as Re- 
quired. — Any president or other officer having the care and custody of 
the funds of any such corporation as is required to make report under 
Section (4295) of the Civil Code, who shall fail to make and submit the 
report as require,d by Section (4295) of the Civil Code, shall be deemed 
guilty of a misdemeanor, and shall be punished in the discretion of the 
Court. 

Crim. Code, '12, § 293 ; 1909, XXVI, 172. 



90 CRIMINAL LAWS 

(258) § 136. Violation of Laws Governing Banking Companies by 
Directors or Officers Punished. — If any director or other officer of any 
bank incorporated under the Statutes of the State providing for ''Banking 
Companies" shall be convicted upon indictment of directly or indirectly 
borrowing therefrom, except on good security, approved in writing by 
two-thirds of the whole board of directors of such bank ; or shall become an 
endorser or surety upon any loan or credit made or extended to any other 
director or officer of such bank ; or shall borrow from such bank, or lend to 
any of its directors, or any firm of which such director is a member, or any 
company or corporation of which such director is an officer, an amount or 
amounts exceeding at any one time one-tenth part of the capital stock of 
such bank actually paid in, in violation of Sections (3999) and (4000) 
of the Civil Code, he shall be punished by fine or imprisonment, or by both 
fine and imprisonment, at the discretion of the Court. 

Crim. Code, '12, § 296 ; Grim. Code, '02, § 218 ; 1897, XXI, 463. 

This does not impose civil liatility on officers who lend the money. Wheeler v. Aiken, etc., 
Sav. Bank, 75 Fed. 781. 

(259) § 137. Operation of Pool Table Without License. — Any one 

violating the provisions of Section (5175), Civil Code, shall be punished 
by a fine of not more than one hundred dollars, or imprisonment for not 
more than thirty days, for each day such table may be run or operated 
without such license. Counties excepted: This Section shall not apply 
to the counties of Dillon, Charleston or Union. 

Crim. Code, '12, § 319; 1911, XXVII, 141; 1914, XXVIII, 570; 1916, XXIX, 925. 

As to constitutionality of this and corresponding Section of Civil Code. Thomas v. Foster, 
Treasurer, 108 S. C. 98: 93 S. E. 397. 

(260) § 138. Per jury for President or Cashier of Bank to Make False 
Return. — Any president or cashier of any bank of issue swearing falsely 
to any account required by provisions of Section (3971) of the Civil 
Code, shall be deemed guilty of perjury, and shall be subject to the pains 
and penalties thereof. 

Crim. Code, '12, § 345 ; Crim. Code, '02, § 258 ; G. S. 1346 ; R. S. 222 ; 1855, XII, 699. 

(261) § 139. Traffic in Seed Cotton Regulated^License^Penalty. — 

The traffic in seed cotton or unpacked lint cotton by purchase, barter 
or exchange, within the period beginning August 15, and ending 
December 20, in each year, except in the counties of Chesterfield and 
Marlboro, where they shall be licensed only from January 1, to August 
1 ; and except in the County of Laurens, where they shall be licensed 
from February 1, to April 30; and except in the Counties of Lancaster, 
Lee, Greenwood and Kershaw, wheire they shall be licensed from April 
1, to July 31 ; and except in the County of York, where they shall be 
licensed from May 1, to August 1 ; and except in the Counties of Williams- 
burg and Georgetown, where they shall be licensed from December 15, 
to August 1; and except in the County of Sumter, where they shall be 
licensed only from January 20, to August 1, of each year, without 
license or between the hours of sunset and sunrise, is declared against 
the public welfaire and is prohibited. 

The Clerks of the Courts of Common Pleas are authorized and em- 
powered to issue licenses to traffic in seed cotton or unpacked lint cotton 



OF SOUTH CAROLINA 91 

by purchase, barter or exchange within the said periods and within their 
irespeetive counties to such person or persons as shall file with said 
Clerks, respectively, a written application therefor, the granting of 
which shall be recommended, in writing, by at least ten landowners 
within the township wherein the said applicant intends to carry on 
such traffic. Such license shall specify the exact place whereat 
said traffic shall be carrie,d on and the period within which such traffic is 
permitted, and shall continue in force for a period of one year from 
the date of issue, and for such license, if granted, a fee of not more than 
five hundred ($500.00) dollars and not less than one ($1) dollar, the 
amount of said license to be fixed by the County Board of Commissioners 
thereof, shall be paid by the applicant to the County Treasurer for the 
use of the county. All persons in the traffic in seed cotton and unpacked 
lint cotton are irequired to keep legibly written in a book, which shall 
be open to public inspection, the name of the person or persons from 
whom they purchase or receive by way of barter, exchange or traffic 
of any sort, any seed cotton or unpacked lint cotton, with the number 
of pounds and date of purchase. 

Any person who shall engage in the traffic of seed cotton within the 
period beginning August 15, and ending December 20, except in the 
Counties of Chesterfield and Marlboro, where they shall be licensed 
from January 1, to August 1; and except in the County of Laurens, 
where they shall be licensed from February 1, to April 30; and except in 
the counties of Lancaster, Lee, Greenwood and Kershaw, where they 
shall be licensed from April 1 to July 31 ; and except in the County of 
York, where they shall be licensed from May 1, to August 1 ; and except 
in the Counties of Williamsburg anl Georgetown, where they shall be 
licensed from December 15, to August 1 ; and except in the County of 
Sumter, where they shall be licensed from January 20, to August 1 in 
each year, of any year without license, as herein provided, or 
between the hours of sunset and sunrise, or who shall fail to keep the 
book or record, as herein provided, shall be deemed guilty of a misde- 
meanor an,d on conviction shall be punished by a fine of not exceeding 
One Hundred Dollars or imprisonment at the discretion of the Court. 

Crim. Code, '12 § 454 ; Crim. Code, '02, §§ 341, 342, 349 ; G. S. 2518, 2519 ; R. S. 
280, 281, 287; 1877, XVI, 266; 1880, XVII, 475; 1882, XVII, 746; 1887, XIX, 794; 
1901, XXIII, 728; 1905, XXIV, 912; 1908, XXV, 1125; 1910, XXVI, 635; 1911, 
XXVII, 26; 1913, XXVIII, 72; 1919, XXXI, 68; 1921, XXXII, 63. 

See State v. Prater, 18 S. 0. 317. As to unconstitutionality of local laws. State v. Ferri, 
111 S. C. 97 S. E. 512. 

(262) § 140. Regulations as to Sale of Seed Cotton in Portion of 
Marion County. — If any person residing in that portion of Marion County 
south of a line parallel to and exactly one mile north of the Wilmington, 
Columbia and Augusta Railroad, engaged in purchase, barter or exchange 
in seed cotton, shall fail on any Saturday night to 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 purchases were 
made, and the amount purchased and to keep said record posted for three 
months, or shall purchase any seed cotton within the limits above described 



92 CEIMINAL LAWS 

after the hour of five o'clock in the afternoon and before eight o'clock in 
the forenoon, as required by Section (3316) of the Civil Code, he shall, 
upon conviction, be punished by a fine of not less than twenty-five doliars 
nor more than fiftj^ dollars, or imprisonment for not less than fifteen days 
nor more than thirty days, one-half of which fine, when collected, shall be 
paid to the informer. 

Crim. Code, '12, § 455 ; Crim. Code, '02, § 348 ; 1884, XXI, 944 ; 1901, XXIII, 728. 

(263) § 141. Cotton Buyers Required to Keep a Book — Misdemeanor 
— Puiiishment. — Any person who shall fail to keep a book, or record, of 
the number of the bales of cotton and furnish the seller a bill thereof, as 
required by Section (3312) of the Civil Code, shall, on conviction, be fined 
in a sum not exceeding one hundred dollars, or imprisoned not exceeding 
thirty days. 

Crim. Code, '12, § 463 ; Crim. Code, '02, § 352 ; 1894, XXI, 793. 

(264) § 142. Weighing Cotton Regulated — Violation. — Any person, 
persons or aa'ents of any corporation weighing cotton in any cotton mar- 
ket or markets where a Public Weigher has been elected, except as pre- 
scribed in Article II, Chapter XXXV, of the Civil Code, shall be deemed 
guilty of a misdemeanor, and, upon conviction thereof, shall be fined not 
less than five nor more than ten dollars for each offense, or imprisoned 
for not more than five days ; except in Dorchester County where he shall 
be fined not more than one hundred dollars, or imprisonment not 
exceeding thirty days ; and except in Columbia Township, in Richland 
County, where he shall be fined not exceeding fifty dollars, or imprisoned 
not exceeding ten days : Provided, Any and every person who shall sell or 
buy in said Columbia Township any cotton bale or bales contrary to the 
pr()visions of Section (3359) shall be guilty of a misdemeanor, and upon 
conviction shall be punished by a fine of not exceeding fifty dollars or im- 
prisonment, for not exceeding ten days for each offense. 

Crim. Code, '12, § 464; Crim. Code, '02, § 353; 1894, XXI, 793; 1S96, XXII, 58; 
1906, XXV, 143; 1908, XXV, 1209; 1909, XXVI, 130; 1910, XXVI, 710, 712. 

(285) § 143. Sale of Leaf Tobacco Regrdated. — Any person willfTilly 
violating the provisions of Sections (3919) to (3924), Civil Code, regu- 
lating the statistics of leaf tobacco sold, shall be guilty of a misdemeanor, 
and punished within the discretion of the Court, and, in addition thereto, 
shall be subject to a penalty of five hundred dollars, to be sued for in the 
county in which the offender resides or does business; in case he resides 
without the State, by the Attorney General whenever he may be advised 
by the Commissioner of Agriculture that persons required by law to 
make reports to him have failed to do so. 

Crim. Code, '12, § 465 ; 1909, XXVI, 126. 

(266) § 144. Traffic in Sea Island Cotton Without License. — Traffic 

in long cotton, known as Sea Island cotton, in the seed, by purchase, barter 
or exchange, without license, as provided in Section (3315) of the Civil 
Code 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 offense by a fine of not more 



OF SOUTH CAROLINA 93 

than one hundred dollars, or by imprisonment not exceeding thirty days : 
Provided, That one-half of any snch fine when collected shall go to the 
informer: Provided, The provisions of this Section do not apply to the 
Counties of Colleton and Beanfort, nor to Charleston County, except 
within the Township of James Island". 

Crim. Code, '12, § 469; Ci'im. Code, '02, § 350; 1899, XXIII, 90; 1901, XXIII, 732. 

(267) § 145. Unlawful to Sell Any Compound of Crushed Ear Corn.— 

It shall be unlawful to sell, offer or expose for sale, any mixed or com- 
pounded com m ercial feeding stuff containing as an ingredient crushed or 
ground ear corn. Provided, That nothing herein shall prevent the sale of 
crushed or ground ear corn by itself and not mixed with any other sub- 
stance, but the crushed or ground ear corn when sold by itself is a con- 
centrated commercial feeding stuff defined in Section (3498) of the Civil 
Code, and the sale thereof within this State shall be governed by the pro- 
visions of Sections (3497) to (3510), inclusive, of the Civil Code, and 
Sections (267) to (270) of this Criminal Code, and the rules and regu- 
lations prescribed by the Commissioner of Agriculture, Commerce and 
Industries. 

Crim. Code, '12, § 480; 1910, XXVI, 613. 

(268) § 146. Sale of Feed Stuifs. — Any manufacturer, importer, job- 
ber, agent or dealer, who shall sell, offer or expose for sale or distribu- 
tion in this State, any concentrated commercial feeding stuff, as defined 
in Section (3498) of the Civil Code, without complying with the require- 
ments of Sections (3497) to (3510), inclusive, of the Civil Code, and Sec- 
tions (267) to (270) of the Criminal Code, or who shall sell, or offer or 
expose for sale or distribution, any concentrated commercial feeding stuff 
which contain substantially a smaller percentage of crude protein or 
crude fat or carbohydrates, or a larger percentage of crude fiber than 
certified to be contained, or who shall mix or adulterate any concentrated 
commercial feeding stuffs with foreign, mineral or other substance or 
substances, such as rice chaff or hulls, ground or crushed corncobs, oat 
hulls or similar materials of little or no feeding value, or with substances 
injurious to the health of domestic animals, or who shall sell, offer or 
expose for sale, any concentrated commercial feeding stuff so mixed or 
adulterated, shall be guilty of a violation of this Section. 

Crim. Code, '12, § 481 ; 1906, XXV, 101 ; 1910, XXVI, 613 ; 1920, XXXI, 853. 

(269) § 147. Penalty for Sale Without Stamp. — Any manufacturer, 
importer, jobber, agent or dealer who shall sell, offer or expose for sale, 
or distribute in this State, any concentrated commercial feeding stuff with- 
out having attached thereto or furnishd therewith such tax stamps, as re- 
quired by the provisions of Sections (3497) to (3510), inclusive, of the 
Civil Code, or who shall use the required tax stamps a second time to void 
the payment of the tonnage tax, or any manufacturer, importer, jobber, 
agent or dealer who shall counterfeit or use a counterfeit of such tax 
stamps, shall be guilty of a violation of the provisions of this Section. 

Crim. Code, '12, § 482 ; 1906, XXV, 101 ; 1910, XXVI, 613. 



94 CRIMINAL LAWS 

(270) § 148. Obstructing Inspector. — Any manufacturer, importer, 
jobber or dealer who refuses to complj^ with the requirements of the provi- 
sions of Sections (3497) to (3510) of the Civil Code, or any manufacturer, 
importer, jobber, agent or dealer, or person who shall impede, obstruct, 
hinder or otherwise prevent or attempt to prevent any chemist inspector 
or other authorized agent in the performance of his duty in connection with 
the provisions of said Sections of the Civil Code, shall be guilty of a 
violation of the provisions of this Section. 

Crim. Code, '12, § 483 ; 1906, XXV, 101 ; 1910, XXVI, 613. 

(271) § 149. Fine for Violating Sections. — Any manufacturer, im- 
porter, jobber, agent or dealer who shall violate any of the provisions of 
Sections (267) to (270), or the regulations adopted by the Commissioner 
of Agriculture, Commerce and Industries, upon conviction thereof, shall be 
fined not exceeding fifty dollars for the first offense nor more than two 
hundred dollars for each subsequent offense, and the proceeds from such 
fines shall be covered into the State Treasury for use of the department 
executing the provisions of Sections (3497) to (3510), inclusive of the 
Civil Code. 

Crim. Code, '12, § 484; 1906, XXV, 101; 1910, XXVI, 613. 

(272) § 150. Certificate of Analyst Prima Facie Evidence. — In all 

prosecutions in the Courts of this State arising under Sections (267) to 
(270), inclusive, and the rules and regulations made in accordance there- 
with, the certificate of the analyst or other officer making the analysis or 
examination, when duly sworn to and subscribed by such analyst or officer, 
shall be prima facie evidence of the facts therein certified. 
Crim. Code, '12, § 485; 1906, XXV, 101; 1910, XXVI, 613. 

(273) § 151. Reports to Commissioner Confidential. — No use shall be 
made in the reports of the Commissioner of Agriculture, Commerce and 
Industries of the names of individuals, firms or corporations supplying the 
information called for by Article XI, Chapter XIX, of the Civil Code, 
such information being deemed confidential and not for the purpose 
of disclosing any person's affairs; and any agent, inspector or employee 
of said Commissioner violating this provision shall be deemed guilty of a 
misdemeanor, and, upon^conviction thereof, shall be punished by a fine not 
to exceed two hundred dollars, or imprisonment in the county jail not to 
exceed six months. 

Crim. Code, '12, § 486 ; 1909, XXVI, 16. 

(274) § 152. Penalty for Violating Rules of the State Crop Pest Com- 
mission. — Any firm, corporation or person violating any of the rules of 
the State Crop Pest Commission shall be deemed guilty of a misdemeanor, 
and shall, upon conviction thereof, be punished bj^ a fine of not less than 
fifty ($50) dollars nor more than five hundred ($500) dollars, or imprison- 
ment for not less than ten days nor more than six months, or both such 
fine and imprisonment at the discretion of the Court having jurisdiction. 

1912, XXVII, 748. 

(275) § 153. Penalty for Interference With Agents of Crop Pest Com- 
mission. — Any person who shall seek to prevent any inspection under 



OF SOUTH CAROLINA 95 

the direction of the State Crop Pest Commission by said Entomologist, 
Pathologist, deputies, assistants, or agents, or who shall otherwise inter- 
fere with the Entomologist, Pathologist, assistants, deputies, or agents, 
while in the performance of their duties, shall be deemed guilty of a mis- 
demeanor, and shall, upon conviction thereof, be punished by a fine of 
not less than fifty ($50) dollars nor more than five hundred ($500) dollars, 
or imprisonment for not less than ten days, or both such fine and im- 
prisonment at the discretion of the Court having jurisdiction. 
1912, XXVII, 748. 

(276) § 154. Traffic in Dead Bodies. — If any person sell or buy any 
such body, or in any way traffic in the same, or transmit or convey, or 
procure in order to be transmitted or conveyed, any such body to any 
place outside of this State, he shall be fined not exceeding two hundred 
dollars, or, in the discretion of the Court, be confined in jail not exceeding 
one year : Provided, That the Board may, in its discretion, on the appli- 
cation of any person, empower such person to import into this State and 
traffic in such anatomical material and pathological specimens as the 
Board may designate. 

Civ. "12, § 934; 1909, XXVI, 166. 

(277) § 155. Disobedience of State Veterinarian.— The State Yete'r- 
inarian or any live stock inspector appointed by him is hereby author- 
ized to give written notice to any person, firm or corporation owning, 
possessing or controlling any live stock which may be found infested or 
infected with, or exposed to, the carrier or carriers of infectious, con- 
tagious or communicable diseases, or any barns, sheds, yards or fields 
which are capable of conveying the said infection or contagion, to dis- 
infect the same or have the same disinfected within five days from the 
service of such notice ; and if any person, firm or corporation shall refuse 
or neglect for five days from the service of such notice to disinfect such 
animals, live stock, or premises in the manner and method and at such 
times that such written notice may specify, the said person, firm or co!r- 
poration shall be guilty of a misdemeanor, and, upon conviction thereof, 
shall be liable to a fine of not less than ten dollars nor more than one 
hundred dollars, or by imprisonment for not less than ten nor more than 
thirty days in the County Jail, or upon the public works of the county 
in which such offense occurs : Provided, however, That there shall be no 
conviction, fine or imprisonment imposed upon any person under this 
Section unless it shall appear that all necessary medicines, or disinfec- 
tants shall have been furnished or offered free of charge and without 
any cost whatever to the owner or controller of live stock or property, at 
the same time or previous to the giving of the written notice. 

1912, XXVII, 670 ; 1918, XXX, 826. 

(278) § 156. Penalty for Practicing Architecture Without Certificate. 

— Any person practicing architecture in this State without a certificate 
of admission to practice, shall be guilty of a misdemeanor, and shall be 
subject to a fine of not exceeding one hundred ($100.00) dollars for 



96 CRIMINAL LAWS 

each, and every day so practicing, and shall not be entitled to recover 
in the Courts of this State compensation for his or her services. 
1917, XXX, 198. 

(279) § 157. Acting as Public Accountant Without Registry Misde- 
meanor — P nalty. — Any person who shall violate any of the provisions 
of Sections (2886) to (2899), Civil Code, shall be deemed guilty of a 
misdemeanor, and, upon conviction in a Court of competent jurisdiction, 
shall be punished by a fine of not less than twenty-five dollars and not 
exceeding one hundred dollars, or by imprisonment not less than twenty 
days and not exceeding thirty days, and all fines thus received, one- 
fourth shall be paid to the party or parties furnishing proof necessary 
to convict, three-fourths to go to the common school fund in the county 
in which conviction takes place. 

1915, XXIX, 157. 

(280) § 158. streams Ordered to Be Made Navigable not to Be Ob- 
structed. — It shall not be lawful for any person to keep up or erect any 
dam, except as provided for by Section (3084), Civil Code, across any 
river which the Legislature has ordered to 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 created, shall not be immediately taken 
down and opened, when required by the County Board of Commissioners, 
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 keep- 
ing up the same shall, on conviction thereof, be fined at the discretion 
of the Court, in a sum not exceeding five hundred dollars, for the use of 
the navigation of the river where the said nuisance exists. 

Civ. '12, § 2142; Civ. '02, § 1413; G. S. 1109; R. S. 1223; 1823, VI, 219. 

(281) § 159. Penalty on Fertilizer Dealer Failing to Distribute Pen- 
alty. — Any dealer who received such fine, penalty or judgment, as pro- 
vided in Section (3296), Civil Code, and who shall refuse so to distribute 
the proceeds thereof upon demand within thirty days after the receipt 
thereof, or any dealer who shall refuse or neglect to accept and distribute 
said penalties or judgment, shall be guilty of a misdemeanor, and, upon 
conviction, shall be fined not more than one hundred ($100.00) dollars, or 
imprisoned not exceeding ten days, or both, in the discretion of any 
Court of competent jurisdictioi. 

Civ. '12, §§ 2324, 2329; 1904, XXIV, 476; 1909, XXVI, 197; 1920, XXXI, 1150. 

(282) § 160. Penalty for Warehouse Manager Not to Cancel Receipt. 

— Any manager, employee, agent or servant who shall deliver cotton 
from a wa^rehouse under Article III, Chapter XXXV, Civil Code, without 
the production of the receipt therefor or who fails to mark such receipt 
"Canceled" on the delivery of the cotton shall be punished by a fine of 
not more than $5,000 or imprisonment not more than five years, or by 
both fine and imprisonment in the discretion of the Court. 
1914, Sp. XXIX, 18. 



OF SOUTH CAROLINA 97 

(283) § 161. Warehouse Cotton Under Lien. — Any person who 
shall deposit or attempt to deposit cotton upon which a lien or mort- 
gage exists, without notifying the manager of the warehouse, shall be 
punished by a fine and imprisonment for a period of not more than one 
year and a fine of not more than $1,000. 

1914, Sp. XXIX, IS. . • 

(284) § 162. Misdemeanor to Violate Law Coverings Weights and 
Measures, Etc. — Any person or persons violating Chapter XXXVII, Civil 
Code, or any part thereof, shall be deemed guilty of a misdemeanoir, 
and upon conviction, shall be fined not less than five ($5) dollars nor 
more than fifty ($50) dollars for each offence. 

191.3, XXVIII, 201. 

(285) § 163. Failure to Put Floodgate in Mill Dam. — Any person or 
persons ordered by the Board of County Commissioners to put in a flood- 
gate in any mill dam under the provisions of Subdivision 4 of Section 
(3210), Civil Code, who shall fail to do so, shall be deemed guilty of a mis- 
demeanor, and shall be punished by a fine not to exceed one thousand 
dollars, or be imprisoned for not exceeding one year. 

Civ. '12, 2265; Civ. '02, § 1488; G. S. 1183; R. S. 1279; 1881, XVII, 888; 
1882, XVIII, 48; 1883, XVIII, 568; 1888, XX, 59; 1889, XX, 373; 1893, XXI, 
481; 1896, XXII, 257. 

(286) § 164. Penalty for Sale of Misbranded Feeds. — Any person, 
company, corporation, or agent that shall offer for sale or expose for 
sale any package or sample or any quantity of condimental, patented, 
proprietary or trade marked ''stock or poultry tonic," "stock or poultry 
regulator," "stock or poultry conditioner," "stock or poultry remedy," 
o!r any similar preparation, regardless of the title under which it is sold, 
which has not been registered, but subsequently found by an analysis or 
examination made by or under the direction of the Commissioner of 
Agriculture, Commerce and Industries to violate any of the provisions 
of Article XI, Chapter XXXV, Civil Code, or to contain harmful or inju- 
rious substances, or to be labeled with false or misleading statements 
regarding the contents or curative properties of said "stock or poultry 
tonic," "stock or poultry regulator," "stock or poultry conditioner," 
"stock or poultry remedy," or any similar preparation, shall be deemed 
guilty of a misdemeanor, and, on conviction thereof, shall be fined in the 
sum of fifty ($50) dollars for the first offense and in the sum of one hun- 
dred ($100) dollars for each subsequent offense. 

1914, XXVIII, 700. 

(287) § 165. Sale, Etc., of Unregistered Disinfectants a Misdemeanor 
— Penalty. — ^Any person, company, corporation or agent that shall offer 
for sale or expose for sale any package or sample or any quantity of any 
commercial disinfectant, or any similar preparation, regardless of the title 
under which it is sold, which has not been registered, but subsequently 
found by an analysis or examintion made by or iinder the direction 
of the Commissioner of Agriculture, Commerce and Industries to violate 
any of the provisions of Article 12, Chapter XXXV, Civil Code, or to 

8 C L 



98 CRIMINAL LAWS 

contain harmful or injnrions substances, or to be labeled with, false or 
misleading statements regarding contents thereof, shall be deemed guilty 
of a misdemeanor, and, on conviction thereof, shall be fined in the sum 
of fifty ($50) doUars for the first offense and in the sum of one hundred 
($100.00) dollars for each subsequent offense. 
1919, XXXI, 114. 

(288) § 166. Inducing Members of Co-operative Marketing Associa- 
tion to Violate Contract or Malicious Spreading of False Reports Con- 
cerning Association, a Misdemeanor — Penalties. — Any person o'r persons 
or any corporation whose officers or employees knowingly induce or 
attempt to induce any member or stockholder of an association organ- 
ized under Sections (3403) to (3431), CiA^l Code, to breach his marketing 
contract with the association, or who maliciously and knowingly spreads 
false reports about the finances or management thereof shall be guilty 
of a misdemeanor and subject to a fine of not less than one hundred 
($100.00) dollars and not more than one thousand ($1,000.00) dollars for 
such offense, and shall be liable to the association aggrieved in a civil 
suit in the penal sum of five hundred ($500.00) dollars for each offense. 

1921, XXXII, 350. 

(289) § 167. Penalty for Delivery of Cotton V/ithout Cancellation 
of Receipt. — Any manager, employee, agent or ser^^ant who shall de- 
liver cotton from a State warehouse without the production of the 
receipt therefor, or who fails to mark such a receipt "cancelled" on the 
delivery of cotton, shall be punished by fine of not more than five 
thousand ($5,000.00) dollars or imprisonment not more than five years, 
or both fine and imprisonment in the discretion of the Court. 

1921, XXXII, 306. 

(290) § 168. Penalty for Deposit of Cotton Under Lien Without Noti- 
fication — Lien of Warehouse for Storage. — Any person who shall deposit 
or attempt to deposit cotton upon which a lien or mortgage exists, with- 
out notifying the manager of the warehouse, shall be punished by fine 
and imprisonment for a period of not more than one year and a fine 
of not more than one thousand ($1,000.00) dollars. Provided, That the 
warehouse shall have a lien for insurance and storage charges and other 
expenses incident to the storage of said cotton prior to all other liens 
except for the State and county taxes. Any person disposing of such 
cotton over which this prior lien exists shall be punished as now provided 
for by law for selling property over which lien exists. 

1921, XXXII, 307. 

(291) § 169. Penalty for Issue of Fraudulent Receipt. — The manager 
of any warehouse or any agent, employee or servant, who issues or aids 
in issuing a receipt for cotton, knowing that such cotton has not been 
actually placed in the warehouse under the control of the manager 
thereof, shall be punished for each offense by imprisonment in the 
State Penitentiary for a period of not less than one nor more than five 
years, or by a fine of not exceeding five thousand ($5,000.00) dollars. 

1921, XXXII, 306. 



OF SOUTH CAROLINA , 99 

(292) § 170. Issue of Duplicate Warehouse Receipt While Original 
Outstanding Punishable as Forgery— Indemnity Bond.— Any manager, 
employee or servant, who shall issue or aid in issuing a duplicate or 
additional receipt for cotton, knowing that the former receipt or 
any part therof is outstanding, shall be punished as in the laws of 
this State provided for forgery: Provided, That party applying for a 
duplicate upon the representation that the original has been lost or 
destroyed give to the State Warehouse Commissioner an indemnifying 
bond in the amount to fully cover any amount of loss or litigation 
that might result from the issuance of the same. 

1921, XXXII, 306. 

(293) § 171. Violation of Law as to Standard Containers and Grades 
or Interference With Inspector, a Misdemeanor. — Any person who 
violates any provisions of Sections (3569) to (3579), Civil Code, or of 
the rules and regulations made thereunder for carrying out its pro- 
visions, or fails or refuses to comply with any of the requirements thereof, 
or who wilfully interferes with agents or employees in the execution 
or on account of the execution, of his or their duties, shall be guilty of 
a misdemeanor. Any person convicted of a misdemeanor under this 
Act shall be punished by a fine of not more than one hundred ($100.00) 
dollars or by imprisonment in the county jail for not more than thirty 
days, or both such fine and imprisonment, in the discretion of the Court. 

1921, XXXII, 267. 

(294) § 172. Erecting Lightning Rods, Without License a Misde- 
meanor — Penalty. — Any person violating the provisions of Section 
(3943), Civil Code, shall be deemed guilty of a misdemeanor, and upon 
conviction thereof, shall be punished by a fine of not more than one thou- 
sand ($1,000) dollars, or imprisonment for not more than one year, in 
the discretion of the presiding Judge. 

1920, XXXI, 1022. 

(295) § 173. Penalty for Unlawful Dealing in Junk. — Any person, 
firm or corporation violating the provisions of Article II, Chapter XLIV, 
CiA'il Code, shall be fined in a sum not exceeding one hundred ($100) 
dollars or imprisoned not exceeding thirty days. 

191.8, XXVIII, 209. 

(296) § 174. Liability if Without License in Beaufort County.— Any 

person, firm or managing officer or officers of said corporation, doing 
business as aforesaid, without first taking out a license, shall be liable to 
a fine of one hundred dollars, or imprisonment for thirty days. 
1913, XXVIII, 343. 

(297) § 175. Misdemeanor to Violate Article as to Investment Com- 
panies. — Any person or persons who shall violate any of the provisions 
of Article V, Chapter XLVIII, Civil Code, shall be deemed guilty of a 
misdemeanor, and, upon conviction thereof, shall be fined not more than 
one thousand dollars or shall be imprisoned in the county jail for not 



100 CRIMINAL LAWS 

more than one year, or both such fine and imprisonment, in the discretion 
of the Court. 

1912, XXVII, 912 ; 1915, XXIX, 251. 

(298) § 176. Hotel, Etc., Inspection — Penalty for Obstruction of 
Same. — All such towns and cities may, by ordinance, provide for the 
inspection of all such places by some competent person appointed by the 
Mayor or Intendant, and all persons, firms or corporations conducting or 
operating such places mentioned in Section (4389). Civil Code, shall at 
all times permit and allow inspections to be made of their premises by 
such inspectors, and any person, firm or corporation who shall refuse to 
allow such inspection, or who shall obstruct any officer whose duty it is 
to make such inspection, shall be deemed guilty of a misdemeanor, and, 
upon conviction, shall be subject to such penalties as such towns or cities 
may impose by ordinance, not exceeding a fine of one hundred dollars 
($100.00) or imprisonment not exceeding thirty (30) days. 

1917, XXX, 46. 

(299) § 177. Failure of Owner or Builder to Correct Defects a Mis- 
demeanor — Penalties. — If the owner or builder erecting any new build- 
ing, upon notice from the Inspector, shall fail or refuse to comply with 
the terms of the notice by correcting the defects pointed out in such 
notice, as to make such building comply with the law as regards new 
buildings, he shall be guilty of a misdemeanor, and shall be fined not 
exceeding fifty dollars. Every twenty days during which any defect in 
the building is wilfully allowed to remain, after notice from the Inspector, 
shall constitute a separate and distinct offense. 

1917, XXX. 77. 

(300) § 178. Removal of Notice a Misdemeanor — Penalty. — If any 
person shall remove any notice which has been affixed to any building by 
the Inspector of am^ city or town, which notice shall state the dangerous 
character of the building, he shall be guilty of a misdemeanor, and be 
fined not less than ten nor more than fifty dollars for each offense. 

1917, XXX, 77. 

(301) § 179. Penalty Where Owner of Unsafe Building Allows it 
to Remain Unremedied. — If the owner of any building which has been 
condemned as unsafe and dangerous by an}- local Inspector, after being 
notified by the Inspector in writing of the unsafe and dangerous char- 
acter of such building, shall permit the same to stand or continue in that 
condition, he shall forfeit and pay a fine of not less than five dollars nor 
more than twenty-five dollars for each daj^ such building continues after 
such notice. 

1917, XXX, 77. 

(302) § 180. Penalty of Street Car Company Failing to Heat Cars. 

— Any street car company violating the provisions of Section 6 of Chap- 
ter LIV, Civil Code, shall be liable to a fine of not less than one hundred 
($100.00) dollars nor more than five hundred ($500.00) dollars. 
1914, XXVIII, 594 ; 1918, XXX, 822. 



OF SOUTH CAROLINA 101 

(303) § 181. Penalty on Interurban Company Failing to Heat Cars. — 

Any interurban railroad or interurban railway failing or refusing to com- 
ply with tbe provisions of Section 8, of Chapter LIV, Civil Code, shall 
be subject to a fine of not exceeding one hundred dollars for each day 
of such failure or refusal, to be recovered in any Court of competent 
jurisdiction; said fine shall be paid into the County Treasury of the 
county in which said action or suit is brought, to be applied to the public 
school fund of sai'd county. 

1918, XXX, 725 ; 1919, XXXI, 216. 

(304) § 182. Duties of Conductors and Employees of Street Cars- 
Separation of Races— Police Power— Violation by Employees a Misde- 
meanor — Penalty. — Conductors or other employees of said car shall be 
required, and are hereby empowered, to assign all passengers on the car 
in their charge in the manner aforesaid, so as to separate the white and 
colored races as much as practical; and all conductors and other 
employees of said railway company shall have, and are hereby invested 
with, police power of a peace officer of this State to carry out said pro- 
visions, and for a violation of Sections 11, 12 or 13, of Chapter LIV, 
Civil Code, any such employees or officers shall be deemed guilty of 
a misdemeanor, and on conviction, be fined in the sum of not to exceed 
one hundred ($100.00) dollars, or imprisoned or sentenced to work on the 
county chaingang for a term not to exceed thirty days. 

1919, XXXI, 143. 

(305) § 183. Violation of Regulations by Passenger a Misdemeanor 
— Penalty — Proviso. — Any passenger or passengers refusing to be 
assigned to the seats or space in accordance with the regulations of Chap- 
ter LIV, Civil Code, shall be deemed guilty of a misdemeanor, and, upon 
conviction, shall be fined in the sum of not exceeding one hundred 
($100.00) dollars, or imprisoned or sentenced to work on the county 
chaingang for term not to exceed thirty days : Provided, always, That 
any person in immediate charge of any white child or children or any 
sick or infirm white person shall be permitted to ride with the said child 
or children or any sick or infirm white person in the portion of the car 
assigned to the use of white persons. 

1919, XXXI, 14.8. 

(306) § 184. Superintendent or Employee Failing to Enforce Sep- 
aration of Races on Street Cars Subject to Penalty. — The superintendent 
of said company and any officer, agent or employee who shall fail or 
refuse to provide for and enforce separation of the races upon the cars 
of said company operating in this State shall pay a penalty not to exceed 
one hundred ($100.00) dollars, or be imprisoned or sentenced to work on 
the chaingang for a term not to exceed thirty days. 

1919, XXXI, 143. 

(307) § 185. Violation of Law as to Board of Conciliation. — Any 

person, firm or corporation violating the provisions of Chapter LXII, 
Civil Code, shall, upon conviction, be fined not less than twenty-five 



102 CKIMINAL LAWS 

($25.00) dollars nor more than one hundred ($100.00) dollars, or sen- 
tenced to not more than thirty (30) days upon the county chaingang. 
1919, XXXI, 118. 

(308) § 186. Misdemeanor to Solicit Emigrants Without License — 
Who Are Emigrant Agents — Penalty. — ^No person shall carry on the busi- 
ness of emigrant agent in this State without having first obtained a license 
therefor from the State Treasurer. The term ' ' Emigrant Agent, ' ' as con- 
templated in this Section, shall be construed to mean any person engaged 
in hiring laborers or soliciting emigrants in this State to be employed 
beyond the limits of the same. Any person shall be entitled to a license, 
which shall be good for one year, upon payment into the State Treasury for 
the use of the State of five hundred dollars in each county in which he 
operates or solicits emigrants for each year so engaged. Any person doing 
business of an emigrant agent without having first obtained such license 
shall be deemed guilty of a misdemeanor, and, upon conviction, shall be 
punished by fine not less than five hundred dollars, and not more than five 
thousand dollars, or may be imprisoned in the county jail not less than 
four months, or confined in the State prison, at hard labor not exceeding 
two years for each and every offense, within the discretion of the Court. 

Crim. Code, '12, § 895; Crim. Code, '02, § 608; R. S. 488; 1891, XX, 1084; 1893, 
XXI, 429 ; 1898, XXII, 812. 

Constitutionality sustained. State v. Napier, 63 S. 0. 60, 41 S. E. 13. 

(309) § 187. Emigrant Agents to Obtain a License — Misdemeanor to 
Do Business of Emigrant Agent Without a License. — No person shall 
carry on the business of an emigrant agent in this State without having 
first obtained a license therefor from the County Treasurer of each county 
in which he solicits emigrants. Any person shall be entitled to a license, 
which shall be good for one year, upon payment into the County Treas- 
ury, for the use of said county, two thousand dollars in each county in 
which he operates or solicits emigrants, for each year so engaged. Any 
person doing business of an emigrant agent, without having first obtained 
said license, shall be deemed guilty of a misdemeanor, and, upon conviction, 
shall be punished by fine, not less than one thousand dollars and not more 
than five thousand dollars, or may be imprisoned in the county jail or on 
the public works not less than four months, or confined in the State Prison, 
at hard labor, not exceeding two years for each and every offense, within the 
discretion of the Court. 

''Emigrant Agent'' Defined. — The term ''Emigrant Agent," as con- 
templated in this Section, shall be construed to mean any person engaged in 
hiring laborers or soliciting emigrants in this State, to be employed beyond 
the limits of the same. 

Crim. Code, '12, § 896 ; 1907, XXV, 543. 

Con stitutional — 

State V, Reeves, 112 S. 0. 383; 99 S. E. 841. Each hiring a separate transaction. lb. 
Use of papers found on defendant after arrest, as evidence. lb. 

Railroad agent hiring men for work outside State is an emigrant agent, fact of agency 
no defence. State v. Bates, 113 S. C. 129; 101 S. E. 651. 



OF SOUTH CAKOLINA 103 

CHAPTER IV. 

Offenses Against the Public Peace. 

(310) § 1. Conspiracy Against Persons. — If any two or more persons 
shall band or conspire together, or go in disguise upon the public 
highway, or upon the premises of another, with intent to injure, oppress, 
or violate the person or property of any citizen, because of his political 
opinion or his expression or exercise of the same, or shall attempt, by any 
means, measures, or acts, to hinder, prevent, or obstruct any citizen in 
the free exercise and enjoyment of any right or privilege secured to him 
by the Constitution and laws of the United States, or by the Constitution 
and laws of this State, such persons shall be deemed guilty of a felony, 
and, on conviction thereof, be fined not less than one hundred or more 
than two thousand dollars, or be imprisoned not less than six months or 
more than three years, or both, at the discretion of the Court; and shall 
thereafter be ineligible to, and disabled from, holding any office of honor, 
trust, or profit in this State. 

Crim. Code, '12, § 320; Crim. Code, '02, § 233; G. S. 2567; R. S. 198; 1871, XIV, 560. 

Indictment at common law for conspiracy. State v. Ameker, 73 S. C. 330, 53 S. E. 484. 

(311) § 2. If Another Crime Committed, How Punished. — If in vio- 
lating any of the provisions of Sections 1 and 4 of this Chapter, 
any other crime, misdemeanor, or felony shall be committed, the offender 
or offenders shall, on conviction thereof, be subjected to such punishment 
for the same as is attached to such crime, misdemeanor, and felony, by 
the existing laws of this State. 

Crim. Code, '12, § 321 ; Crim. Code, '02, § 234 ; G. S. 2568 ; R. S. 199 ; 1871, XIV, 
560. 

(312) § 3. Sheriffs, Etc., to Execute Warrants, May Call Out Posse 
Comitatus. — It shall be the duty of all Sheriffs, Constables, and other 
officers who may be specially empowered, to obey and execute all warrants 
and other processes issued under the provisions of Sections 1 to 4, inclusive, 
of this Chapter, to them directed; and should any Sheriff, Constable, or 
other officer specially empowered, refuse to receive such warrant or other 
process, when tendered to him, or neglect or refuse to execute the same, 
he shall, on conviction thereof, be fined in the sum of five hundred dollars, 
to the use of the citizens deprived of the rights secured by the provisions 
of this Chapter, or be imprisoned in the county jail, in the discretion 
of the Court. And the better to enable the Sheriffs, Constables and other 
officers specially empowered to execute all such warrants and other pro- 
cesses as may be directed to them, they shall have authority to summon 
and call to their aid the bystanders or posse comitatus of the proper county ; 
and all persons refusing to obey the summons or call of the officers thus 
empowered shall be deemed guilty of a misdemeanor, and, on conviction 
thereof, be punished. And such warrants and other processes shall run 
and be executed by said officers anywhere within the Circuit or county in 
which they are issued. 

Crim. Code, '12, § 322 ; Crim. Code, '02, § 235 ; G. S. 2569 ; R. S. 200 ; 1871, XIV, 560. 



104 CRIMINAL LAWS 

(313) § 4. Penalty for Hindering Officers or Rescuing Prisoners. — 

Any person who shall hinder, prevent, or obstruct any officer or other 
person charged with the execution of any warrant or other process issued 
under the provisions of Sections 1 to 4, inclusive, of this Chapter, in arrest- 
ing any person for whose apprehension such warrant or other process may 
have been issued, or shall rescue, or attempt to rescue, such person from 
the custody of the officer or person or persons lawfully assisting him, as 
aforesaid, or shall aid, abet, or assist any person so arrested, as aforesaid, 
directly or indirectly, to escape from the custody of the officer or person 
or persons assisting him, as aforesaid, or shall harbor or conceal any per- 
son for whose arrest a warrant or other process shall have been issued, 
so as to prevent his discovery and arrest, after notice or knowledge of the 
fact of the issuing of such warrant or other process, shall, on conviction 
for either of said offenses, be subject to a fine of not less than fifty nor 
more than one thousand dollars or imprisonment of not less than three 
months nor more than one year, or both, at the discretion of the Court 
having jurisdiction. 

Crim. Code, '12, § 323 ; Crim. Code, '02, § 236 ; G. S. 2570 ; R. S. 201 ; 1871, XIY, 561. 

(314) § 5. Persons Injured May Prosecute County for Damages. — 

Any citizen who shall be hindered, prevented, or obstructed in the exercise 
of the rights and privileges secured to him by the Constitution and laws of 
the United States, or by the Constitution and laws of this State, or shall be 
injured in his person or property because of his exercise of the same, may 
claim and prosecute the county in which the offense shall be committed 
for any damages he shall sustain thereby; and the said county shall be 
responsible for the payment of such damages as the Court may award, 
which shall be paid by the County Treasurer of such county on a warrant 
drawn by the County Commissioners thereof; which warrant shall be 
drawn by the County Commissioners as soon as a certified copy of the judg- 
ment roll is delivered to them for file in their office. 

Crim. Code, '12, § 824 ; Crim. Code, '02, § 237 ; G. S. 2571 ; R. S. 202 ; 1871, XIV, 
561. 

(315) § 6. Owners of Buildings Destroyed Indemnified. — In all 

cases where any dwelling house, building, or any property, real or per- 
sonal, shall be destroyed in consequence of any mob or riot, it shall be 
lawful for the person or persons owning or interested in such property to 
bring suits against the county in which such property was situated and 
being, for the recovery of such damages as he or they may have sustained 
by reason of the destruction thereof; and the amount which shall be 
recovered in said action shall be paid in the manner provided by Section 5 
of this Chapter. 

Crim. Code, '12, § 325 ; Crim. Code, '02," § 238 ; G. S. 2572 ; R. S. 203, 1871, XIV, 561. 

(316) § 7. When Damages Cannot Be Recovered. — No person o)r per- 
sons shall be entitled to the recovery of such damages if it shall appear that 
the destruction of his or their propertj^ was caused by his or their illegal 
conduct, nor unless it shall appear that he or they, upon knowledge had of 
the intention or attempt to destroy his or their property, or to collect 
a mob for that purpose, and sufficient time intervening, gave notice 



OF SOUTH CAROLINA 105 

thereof to a Constable, Sheriff, or Magistrate of the county in which such 
property was situated and being; and it shall be the duty of such Con- 
stable, Sheriff or Magistrate, upon receipt of such notice, to take all legal 
means necessary for the protection of such property as is attacked, or 
threatened to be attacked; and if such Constable, Sheriff, or Magistrate, 
upon receipt of such notice, or upon knowledge of such intention or attempt 
to destroy such property, in any wise received, shall neglect or refuse to 
perform his duty in the premises, he or they so neglecting or refusing 
shall be liable for the damages done to such property, to be recovered by 
action, and shall also be deemed guilty of a misdemeanor in office, and, 
on conviction thereof, shall forfeit his commission. 

Crim. Code, '12, § 326 ; Crim. Code, '02, § 239 ; G. S. 2573 ; R. S. 204 ; 1871, XIV, 561. 

(317) § 8. Persons Injured May Sue Participants. — Nothing in the 
foregoing Sections of this Chapter shall be construed to prevent the person 
or persons whose property is so injured or destroyed from having and 
maintaining his or their action against all and every person and persons 
engaged or participating in said mob or riot, to recover full damages 
for any injury sustained : Provided, however, That no damages shall be 
recovered by the party against any of said rioters for the same injury for 
which compensation shall be made by the county. 

Crim. Code, '12, § 827 ; Crim. Code, '02, § 240 ; G. S. 2574 ; R. S. 205 ; 1871, XIV, 562. 

(318) § 9. County Commissioners May Prosecute Offenders. — It shall 
be lawful for the County Commissioners of the county against which 
damages shall be recovered under the provisions of this Chapter to bring 
suit or suits, in the name of the county, against any and all persons en- 
gaged or in any manner participating in said mob or riot, and against any 
Constable, Sheriff, Mag'istrate, or other officer charged with the mainte- 
nance of the public peace, who may be liable, by neglect of duty, to the 
provisions of this Chapter, for the recovery of all damages, costs, and 
expenses incurred by said county; and such suits shall not abate or fail by 
reason of too many or too few parties defendant being named therein, 

Crim. Code, '12, § 328 ; Crim. Code, '02, § 241 ; G. S. 2575 ; R. S. 206 ; 1871, XIV, 
562. 

(319) § 10. Sheriffs, Etc., to Enforce Preceding Provisions. — Sheriffs, 
Constables and other officers in the several Circuits or counties 
vested with powers of arresting, imprisoning, and bailing offenders against 
the laws of this State, are hereby specially authorized and required to 
institute proceedings against all and every person and persons who shall 
violate the provisions of the preceding Sections of this Chapter, and cause 
him and them to be arrested, imprisoned, or bailed, as the case may require, 
for a trial before such Court as shall have jurisdiction of the offense. 

Crim. Code, '12, § 329 ; Crim. Code, '02, § 242 ; G. S. 2576 ; R. S. 207 ; 1871, XIV, 566. 

(320) § 11. Governor to Call Out Militia— When.— Whenever, by 

reason of unlawful obstructions, combinations, or assemblages of persons, 
or rebellion against the authority of the government of this State, it shall 
become impracticable, in the judgment of the Governor of the State, 
to enforce, by the ordinary course of judicial proceedings, the laws 



106 CRIMINAL LAWS 

of the State within any county or counties of the State, it shall be 
lawful for the Governor of the State to call forth the Militia of any or 
all the counties of the State, and employ such parts thereof as he may 
deem necessary to enforce the faithful execution of the laws, or to sup- 
press such rebellion. 

Crim. Code, '12, § 331 ; Grim. Code, '02, § 244 ; G. S. 2578 ; R. S. 209 ; 1868, XIV, 85. 

(321) § 12. Proclamation to Disperse. — Whenever, in the judgment 
of the Governor, it may be necessary to use the military force hereby 
directed to be employed and called forth, the Governor shall forthwith, 
by proclamation, command such insurgents to disperse and retire peace- 
ably to their respective abodes within a limited time. 

Crim. Code, '12, § 332 ; Crim. Code, '02, § 245 ; G. S. 2579 ; R. S. 210 ; 1868, XIV, 86. 

(322) § 13. Governor to Take Possession of Telegraph, Etc. — When 

— The Governor of the State, when, in his judgment, the public safety 
may require it, is hereby authorized to take possession of any or all of the 
telegraph lines in the State, their offices and appurtenances ; to take pos- 
session of any or all railroad lines in the State, their rolling stock, their 
offices, shops, buildings, and all their appendages and appurtenances; to 
prescribe rules and regulations for the holding, using, and maintaining of 
the aforesaid telegraph and railroad lines in the manner most conducive to 
the interest and safety of the government ; to place under military con- 
trol all the officers, agents and employees belonging to the telegraph and 
railroad lines thus taken possession of, so that they shall be considered 
a part of the military establishment of the State, subject to all the re- 
strictions imposed by the rules and articles of war. 

Crim. Code, '12, § 335 ; Crim. Code, '02, § 248 ; G. S. 2582 ; R. S. 213 ; 1868, XIV, 86. 

(323) § 14. Governor to Employ Sufficient Force. — The Governor is 
authorized to employ as many persons as he may deem necessary and 
proper for the suppression of such insurrection, rebellion, or resistance to 
the laws; and for this purpose he may organize and use them in such 
manner as he may judge best for the public welfare. 

Crim. Code, '12, § 336 ; Crim. Code, '02, § 249 ; G. S. 2583 ; R. S. 214 ; 1868, XIV, 86. 

(324) § 15. Prize Fighting Prohibited. — It shall be unlawful for any 
person or persons to engage in prize fighting, or to be a second in a prize 
fight, within the limits of this State; and any person violating the provi- 
sions of this Section shall be punished by a fine not exceeding one thous- 
and dollars, or imprisonment not exceeding three years, or both fine and 
imprisonment, in the discretion of the Court. Any person or persons, 
either upon their responsibility or as officers or agents of any club or asso- 
ciation, who shall aid or abet by offer of a purse or money or other val- 
uable inducement, or by letting or giving the use of a house or grounds, or 
who shall in any way whatsoever effect or cause a violation of this Section, 
shall be deemed guilty of a misdemeanor, and, upon conviction, shall be 
punished by imprisonment not exceeding six months, or by a fine not 
exceeding two hundred dollars. 

Crim. Code, '12, § 338; Crim. Code, '02, § 251; R. S. 216; 1893, XXI, 397; 1896, 
XXII, 224. 



OF SOUTH CAROLINA 107 

(325) § 16. Shooting or Boisterous Conduct on Public Highways a 
Misdemeanor. — Any person who sliall, without just cause or excuse, or 
while under the influence, or feigning to be under the influence, of intox- 
icating liquors, engage in any boisterous conduct, or who shall, without 
just cause or excuse, discharge any gun, pistol, or other firearm while upon 
or within fifty yards of any public road or highway, except upon his own 
premises, shall be guilty of a misdemeanor, and, upon conviction thereof, 
shall pay a fine of not more than one hundred dollars, or be imprisoned 
for not more than thirty days. 

Crim. Code, '12, § 339 ; Crim. Code, '02, § 252 ; 1899, XXIII, 97 ; 1900, XXIII, 449. 

(326) § 17. Slander and Libel. — Any person who shall with malicious 
intent originate, utter or circulate, or publish, any false statement or mat- 
ter concerning another, the effect of which shall tend to injure such 
person in his or her character or reputation, shall be deemed guilty of a 
misdemeanor, and, upon conviction therefor, be subject to punishment by 
fine not to exceed five thousand dollars, or by imprisonment for a term 
not exceeding one year, or by both fine and imprisonment, in the discre- 
tion of the Court: Provided, That nothing herein shall be construed to 
abridge any right any person may have by way of an action for damages 
for libel or slander, or libel under the existing law. 

1912, XXVII, 775. 

(327) § 18. Public Disorderly Conduct. — Any person or persons who 
shall be found on any highway or at any public place or public gather- 
ing in a grossly intoxicated condition or conducting himself or herself in 
a disorderly manner, or who shall use obscene or profane language, on 
any highway or at any public place or gathering or in hearing distance 
of any schoolhouse or church, shall be deemed guilty of a misdemeanor, 
and, upon conviction of either of said offenses, shall be fined not less than 
five dollars nor more than fifty dollars, or imprisoned not less than five 
days nor more than thirty days. All fines collected for any and all of the 
offenses enumerated in this Section shall be paid to the County Treas- 
urer and become a part of the public school fund of such county. 

Crim. Code, '12, § 394 ; Crim. Code, '02, § 299 ; 1S94, XXI, 720 ; 1908, XXV, 1033 ; 
1918, XXX, 694 ; 1916, XXIX, 703. 

(328) § 19. Authority of Deputy Sheriffs in Newberry County. — 

Deputies, provided in Section (1934) Civil Code, shall hav^ authority 
for any suspected freshly committed crime, whether upon view or upon 
prompt information or complaint, to arrest without warrant, and in 
pursuit of the criminal or suspected criminal, to enter houses or break 
and enter the same, whether in their own county or in an adjoining 
county, and they shall have the right and authority to summon the 
posse comitatus to assist in enforcing the laws and in arresting violators 
or suspected violators thereof ; and any citizen who shall fail to respond 
and render assistance, when so summoned or called upon, shall be guilty 
of a misdemeanor, and, upon conviction, shall be punished by imprison- 
ment for thirty days, or by a fine of not less than thirty dollars nor 
more than one hundred dollars. When an arrest is made without war- 
rant the person so arrested shall be forthwith carried before a Magis- 



108 CKIMINAL LAWS 

trate and a warrant of arrest procured and disposed of as tlie Magistrate 
shall direct. 

1912, XXVII, 865. 

(329) § 20. Right, Powers and Duties of Peace Officers for Indus- 
trial Corporations. — The said police officer or Deputy Sheriff provided 
in Section (1942), Civil Code, shall have, do and exercise all the rights, 
duties and powers prescribed by law for Constables or Magistrates, and 
such powers as are usually exercised by Marshals 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 Magistrate any person 
who may, in his view, engage in riotous conduct or violation 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 Magistrates' Courts, and shall have 
the power to call to his aid a i^osse comitatus to assist him in the dis- 
charge of his duties; and any person refusing to obey his summons shall 
be liable to indictment and prosecution as for a misdemeanor. 

Civ. '12, § 1150; Civ. '02, § 8-34; 1899, XXIII, 75, § 1 ; Amd. 1898, XXII, 79.3. 

(330) § 21. Powers of Deputy for Fairs, Parks or Places of Amuse- 
ment. — The said Police Officer or Deputy Sheriff, as provided in Sec- 
tions (2048) and (2052), Civil Code, shall have, do and exercise all the 
rights, duties and powers prescribed by law for Constables or Magis- 
trates, and such powers as are usually exercised by Marshals and Police- 
men of towns and cities, and shall also act as conservator of the peace; 
shall take into custody and carry before the nearest Magistrate any 
person who may, in his view, engage in riotous conduct or violation 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 mis- 
demeanor, and carry him before a Court of competent jurisdiction; and 
shall execute any and all criminal process from Magistrates' Courts, 
and shall have the power to call to his aid a posse comitatus to assist him 
in the discharge of his duties ; and any person refusing to obey his sum- 
mons shall be liable to indictment and prosecution as for a misde- 
meanor. 

Civ. '12, § 1159; 1908, XXV, 1152. 

(331) § 22. Failure to Assist Deputy in Spartanburg County.— 

The said Special Deputy shall have authority for any suspected freshly 
committed crime, whether upon view or upon prompt information or 
complaint, to arrest without warrant, and in pursuit of the criminal 
or suspected criminal, to enter houses or break and enter the same, 
whether in their own county or in an adjoining county, and they shall 
have the right and authority to summon the j^osse comitatus to assist 
in enforcing the laws and in arresting violators or suspected violators 
thereof, and any citizen who shall fail to respond and render assistance 
when so summoned, or called upon, shall be guilty of a misdemeanor, and, 
upon conviction, shall be punished by imprisonment for thirty days, or 
by a fine of not less than thirty dollars. 
1912, XXVII, 896. 



OF SOUTH CAROLINA 109 

CHAPTER V. 

Offenses Against Public Justice. 

(332) § 1. Perjury and Subornation of Perjury. — Whoever, either 
by the subornation, unlawful procurement, sinister persuasion or 
means of any other person, or by his own act, consent or agreement, 
shall wilfully and corruptly commit any manner of wilful perjury, by 
his deposition in any of the Courts of this State, or being examined ad 
perpetuam rei memoriam, and being thereof duly convicted, shall be fined 
in the sum of one hundred dollars, and shall suffer imprisonment by the 
space of six months, and the oath of such person shall not be received in 
any Court of record within this State. 

Crim. Code, '12, § 340 ; Crim. Code, '02, § 253 ; G. S. 2531 ; R. S. 217 ; 5 Eliz., c. 9 ; 
1712, II, 487. 

Perjury consists in false swearing without any regard to the form of the oath. Patrick v. 
Smoke, 3 Strob. 152. 

The false swearing must be wilful and corrupt. State v. Cockran, 1 Bail. 50. 

It must relate to some fact material to the issue. State v. Hattaway, 2 N. & McC. 118; 
State V. Kennedy, 10 Rich. 152. 

If done to mitigate sentence, it is perjury. State v. Keenan, 8 Rich. 456. 

Perjury cannot be committed in giving evidence in a cause of which Court had no jurisdic- 
tion. State V. Jenkins, 26 S. C. 121. 1 S. E. 437. 

Nor before arbritrators not having power to administer an oath. State v. McOroskey, 3 
McC. 308. But it was assigned on oath before a Justice of the Peace, on investigation before 
arbitrators. State v. Stephenson, 4 McC. 165. 

Not on oath for naturalization. State v. Helle, 2 Hill 290. 

Defendant's mental condition a material fact. State v. Gaymon, 44 S. C. 333, 22 S. E'. 305. 

Indictment — 

Which charges that the oath was taken on the Gospels will not be sustained by proof that 
the oath was taken with uplifted hand. State v. Porter, 2 Hill 611. 

Where it sufficiently charges a common law perjury, its conclusion against the Statute, etc., 
may be regarded as surplusage. State v. Kennedy, 10 Rich. 152. 

Sufficient to allege that defendant was duly sworn. State v. Farrow, 10 Rich. 165. 

Not defective in failing to allege that the proceeding before Magistrate was commenced by 
information under oath. State v. Byrd, 28 S. C. 18, 4 S. E. 793. 

It need not allege that the matter sworn to .was material to the issue. 75. 

Evidence — • 

Testimony showing location of defendant, when it affects the issue, is material. State v. 
Byrd, 28 S. C. 18, 4 S. E. 793. 

Two witnesses not necessary to disprove facts sworn to ; but where there is only one, 
independent evidence ought to be adduced. State v. Heyward, 1 N. & McC. 546. 

Same amount of testimonv required to prove the facts sworn to as the falsity of the oath. 
State V. Howard, 4 McC. 159. 

One who has been charged with crime by the oath of defendant is a competent witness. 
State 11. McKennan, Harp. 302. 

Prosecutor was a competent witness unless he had immediate interest in the record. State 
V. Farrow, 10 Rich. 165. 

Verdict— 

Where it finds guilty of perjury before two persons, and the indictment charges it before 
one of them, the variance is fatal. State v. Mayson, 3 Brev. 284. 

Judgment — • 

Will be arrested when the words stated do not from the face of the indictment appear to 
be material. State ti. Heyward, 1 N. & McC. 546. 

(333) § 2. Procuring Witness to Commit Perjury — Penalty — Person 
Incompetent to Testify Thereafter. — Whoever shall unlawfully and cor- 
ruptly procure any witness or witnesses by letters, rewards, promises, or 
by any other sinister and unlawful means whatsoever, to commit any 
wilful and corrupt perjury, in any matter or cause whatsoever, in suit 
and variance, by any writ, action, complaint, or information, in any wise 
touching or concerning any lands, tenements, or hereditaments, goods, 
chattels, debts, or damages, in any of the Courts of this State, or shall 
unlawfully and corruptly procure or suborn any witness or witnesses, 
which shall be sworn to testify in perpetuam rei memoriam, shall be fined 
in the sum of two hundred dollars, and shall be imprisoned for the space 
of six months, unless such fine shall be sooner paid, and thenceforth shall 
not be received as a witness in any Court of record within this State. 

Crim. Code, '12, § 341; Crim. Code, '02, § 254; G. S. 2532; R. S. 218; 1712, II, 487. 
Attorney at law disbarred for subornation of perjury. State v. Holding, 1 McC. 379. 



110 CRIMINAL LAWS 

(334) § 3. Disposition of Forfeiture. — The one moiety of the fine im- 
posed by the preceding Sections of this Chapter shall be for the State, and 
the other moiety to such person as shall be grieved, hindered, or molested 
by reason of the offense or offenses before mentioned, that will sue for the 
same by action in any Court of competent jurisdiction. 

Crim. Code., '12, § 342 ; Crim. Code, '02, § 255 ; G. S. 2533 ; R. S. 219 ; 5 Eliz., c. 9 ; 
1712, II, 488. 

(335) § 4. False Swearing Before Persons Authorized to Administer 
Oaths. — Whoever shall, wilfully and knowingly, swear falsely in taking 
any oath required by law, and administered by any person directed or 
permitted by law to administer such oath, shall be deemed guilty of per- 
jury, and, on conviction, incur the pains and penalties of that offense. 

Crim. Code, '12, § 343; Crim. Code, '02, § 256; G. S. 2534; R. S. 220; 1833, VI, 485. 

This Section is broad enough to include, and does include, the offense of wilfully swearing 
falsely on an examination by the State Bank Examiner, as was specially provided by Act of 
1896. XXII, 113, Criminal Code of 1902, § 209. 

Such offense may be a;ssigned for making false affidavit before one officer, charging another 
with a misdemeanor. State v. Cockran, 1 Bail. .501. 

One cannot be tried for perjury for taking an oath falsely before an officer not qualified 
to administer it. State v. Heyward, 1 N. & McC. 546. 

It cannot be assigned as perjury to make a false affidavit on application for naturaliza- 
tion, as to previous residence. State v. Helle, 2 Hill, 290. 

It is not necessary to constitute the crime of perjury under this Section that the _ matter 
falsely sworn to should be material to the issue. It is sufficient if the oath_ was required by 
law, was administered by one authorized to do so, and was wilfully and knowingly false. State 
V. Byrd, 28 S. C. 18, 4 S. E. 793. 

Indictment — 

Need not charge that the Court at which the oath was taken had jurisdiction of the 
subject matter. State v. Byrd, 28 S. C. .18, 4 S. E. 793. 

(336) § 5. Additional Punishment for Perjury. — ^Besides the Punish- 
ment already to be inflicted by law for so great crimes, it shall and may 
be lawful for the Court or Judge before whom any person shall be con- 
victed of wilful and corrupt perjury, or subornation of perjury, to 
order and send such person to the State Penitentiary, there to be kept 
to hard labor for any term or time not exceeding the term of seven years. 

Crim. Code, '12, § 344 ; Crim. Code, '02, § 257 ; G. S. 2535 ; R. S. 221 ; 1736, III, 470. 

(337) § 6. Giving or Offering Bribes to Officers. — Whoever corruptly 
gives, offers, or promises to any executive, legislative, or judicial officer, 
after his election or appointment, either before or after he is qualified or 
has taken his seat, any gift or gratuity whatever, with intent to influence 
his act or vote, opinion, decision, or judgment on any matter, question, 
eause, or proceeding, which may be pending or may by law come or be 
brought before him in his official capacity, shall be punshed by imprison- 
ment in the State Penitentiary at hard labor not exceeding five years, or 
by fine not exceeding three thousand dollars, and imprisonment in jail not 
exceeding one year. 

• Crim. Code, '12, § 348 ; Crim. Code, '02, § 261 ; G. S. 2536 ; R. S. 225 ; 1869, XIV, 308. 

(338) § 7. Acceptance of Bribes by Ofl&cers. — Every executive, legis- 
lative, or judicial officer, who corruptly accepts a gift or gratuity, or a 
promise to make a gift or to do an act beneficial to such an officer, under 
an agreement, or with an understanding that his vote, opinion, or judg- 
ment shall be given in any particular manner, or on any particular side 
of any question, cause, or proceeding, which is or may be by law brought 
before him in his official capacity, or that, in such capacity, he shall make 



OF SOUTH CAROLINA 111 

any particular nomination or appointment, shall forfeit his ofSce, be for- 
ever disqualified to hold any public office, trust, or appointment under the 
laws of this State, and be punished by imprisonment in the State Peni- 
tentiary at hard labor not exceeding ten years, or by fine not exceeding 
five thousand dollars, and by imprisonment in jail not exceeding two 
years. 

Crim. Code, '12, § 349 ; Crim. Code, '02, § 262 ; G. S. 2537 ; E. S. 226 ; 1869, XIV, 308. 

Idictmext — ■ 

Against a member of Congress is not arrested by tbe privileges secured to Representatives 
by the Constitution of the United States. State v. Small, 11 S. C. 626. 

No duplicity in charging in a count the corrupt acceptance of a gift and of the promise 
to make one. lb. 

Not defective for repugnancy, because it charges the corrupt acceptance of a bribe to vote 
for a question M'hich was, and might be, by law, brought before the defendant as State 
Senator. lb. 

When charging a bribe to vote for a certain resolution, it is sufficient to designate it by 
its title only. Jb. 

Evidence — 

Journals of the Senate are the highest legal proof of the pendency of a matter before that 
body at a particular time. State v. Smalls. 11 S. C. 262. 

Where accomplice testified that the bribe was by bank check, it is competent to prove by the 
books of the same bank a credit to defendant for like amount two days after the bribery. lb. 

(339) § 8. Corrupting Jurors, Etc. — Whoever corrupts, or attempts to 
corrupt, any juror, arbitrator, umpire, or referee, by giving, offering, or 
promising any gift or gratuity whatever with intent to bias the opinion 
or influence the decision of such juror, arbitrator, umpire, or referee, in 
relation to any cause or matter pending in the Court, or before an inquest, 
or for the decision of which such arbitrator, umpire, or referee has been 
chosen or appointed, shall be punished by imprisonment in the State Pen- 
itentiary at hard labor not exceeding five years, or by fine not exceeding 
one thousand dollars, and imprisonment in jail not exceeding one year. 

Crim. Code, '12, § 350; Crim. Code, '02, § 263; G. S. 2538; R. S. 227; 1869, XIV, 
309. 

Whether party charged with this offense can be punished on rule to show cause, as for 
contempt. State v. Blackwell, 10 S. C. 35; In re Moore, 79 S. C. 399, 60 S. E. 947. 

Demurrer to indictment for failure to state what constituted the gift or gratuity offered. 
State V. Maddos, 80 S. C. 452, 61 S. E. 964. 

The Statute does not strictly apply to an attempt to exercise personal influence on juror, 
not connected with the offer of a gift or gratuitv. The exercise of such influence is punishable 
as a contempt of Court. In re Moore, 79 S. C. 401, 60 S. E. 947. 

Findings of fact in contempt proceedings cannot be reviewed on appeal. Tb. 

As soon as one is designated bv law as chosen to sit on a jury he comes within the terms 
of the Statute. State v. Maddox, 80 S. C. 454, 61 S. E. 964. 

(340) § 9. Acceptance of Bribes by Jurors, Etc. — If any person sum- 
moned as a juror, or chosen or appointed as an arbitrator, umpire, or 
referee, corruptly receives any gift or gratuity whatever from a party to 
a suit, cause, or proceeding, for the trial or decision of which such juror 
has been summoned, or for the hearing or determination of which such 
arbitrator, umpire, or referee has been chosen or appointed, he shall be 
punished by imprisonment in the State Penitentiary at hard labor not ex- 
ceeding five years, or by fine not exceeding one thousand dollars, and im- 
prisonment in jail not exceeding one year. 

Crim. Code, '12, § 351 ; Crim. Code, '02, § 264 ; G. S. 2639 ; R. S. 228 ; 1869, XIV, 309. 

(341) § 10. Bribery to Procure Office. — If any person shall, directly 
or indirectly, offer to give, or engage to pay any sum of money or other 
valuable consideration to another, in order to induce such other person to 
procure for him, by his interest, influence, or any other means whatsoever, 
any office or place of trust within this State, whether said office is to be 
obtained through any general, special, or primary election, or from any 



112 CRIMINAL CODE 

elective tribunal, or shall offer, give, promise or bestow any reward by 
meat, drink, or otherwise, for the aforesaid purpose, and be thereof con- 
victed, he shall forfeit the sum of not less than one nor more than five hun- 
dred dollars, and suffer imprisonment for a term not exceeding six months. 
Crim. Code, '12, § 352 ; Crim. Code, '02, § 265 ; G. S. 2540 ; R. S. 229 ; 1824 ; VI, 244 ; 
1905, XXIV, 940. 

(342) § 11. Penalty for Accepting Bribes. — If any person shall re- 
ceive of another any sum of money, or reward of meat, drink, or other val- 
uable consideration, for procuring, or assisting to procure, any office or 
place of trust in this State, whether said office is to be obtained through 
any general, special or primary election, or from any elective tribunal, for 
any other person whatever and be convicted thereof, he shall forfeit the 
sum of not more than one hundred dollars, and suffer imprisonment at 
the discretion of the Court having cognizance of the same ; and if such 
offender be in any office, he shall, on conviction, be disable.d from holding 
the same. 

Crim. Code, '12, § 353 ; Crim. Code, '02, § 266 ; G. S. 2541 ; R. S. 230 ; 1824, VI, 244. 

(343) § 12. Informer Free From Arrest. — If either of the parties of- 
fending as aforesaid shall give information, upon oath, against the other 
offending party, and shall duly prosecute such information, such informer 
shall be free from the penalties aforesaid. 

Crim. Code, '12, § 354 ; Crim. Code, '02, § 267 ; G. S. 2542 ; R. S. 231 ; 1824, VI, 244. 

(344) § 13. Aiding Escapes From Prison and Resctdng Prisoners. — 

Whoever conveys into a jail, house of correction. State Penitentiary, house 
of reformation, or other like place of confinement, any disguise, instru- 
ment, tool, weapon, or other thing adapted or useful to aid a prisoner in 
making his escape, with intent to facilitate the escape of any prisoner there 
lawfuly committed or detained, or by any means whatever aids or assists 
such prisoner in his endeavor to escape therefrom, whether such escape is 
effected or attempted or not, and whoever forcibly rescues any prisoner 
held in custody upon any conviction or charge of offense, shall be punished 
by imprisonment in the State Penitentiary, at hard labor, not exceeding 
seven years; or, if the person whose escape or rescue was effected or in- 
tended was charged with an offense not capital, nor punishable by impris- 
onment, then by imprisonment in the State Penitentiary, at hard labor, 
not exceeding two years, or by fine not exceeding five hundred dollars. 
Crim. Code, '12, § 355 ; Crim. Code, '02, § 268 ; G. S. 2543 ; R. S. 232 ; 1824, VI, 244. 

Jointly assisting prisoners to escape; evidence. State v. Ballew, 83 S. C. 82, 63 S. E. 688, 
64 S. E. 1019, 18 'Am. & Eng. Ann. Cas. 569. 

(345) § 14. Aiding Escape From Officers. — Whoever aids or assists 
a prisoner in escaping, or attempting to escape, from an officer or person 
who has the lawful custody of such prisoner, shall be punished by imprison- 
ment in the State Penitentiary, at hard labor, not exceeding two years, or 
by fine not exceeding five hundred dollars. 

Crim. Code, '12, § 356; Crim. Code, '02, § 269; G. S. 2544; R. S. 233; 1824, VI, 
244. 

(346) § 15. Jailer or Other Officer Wilfully Suffering Escapes. — If 

a jailer or other officer wilfully suffers a prisoner in his custody, upon 



OF SOUTH CAEOLINA 113 

conviction or on any criminal charge to escape, he shall suffer the like pun- 
ishment and penalties as the prisoner suffered to escape was sentenced to, 
or would be liable to suffer upon conviction of the crime or offense wherein 
he stood charged. 

Grim. Code, '12, § 357; Crim. Code, '02, § 270; G. S. 2545; R. S. 234; 1824, VI, 244. 

IXDICTIIENT 

Lay against two Magistrates, who admitted to bail one who was charged with murder. State 
V. Arthur,, 1 McM. 456. 

Sufficient to set out that prisoner did escape in any words that express it. State ■!;. May- 
berry, 3 Strob. 144. 

Not objectionable, because the Constable, who had not been formally appointed and qualified, 
was charged with negligence as a lawful Constable. lb. 

(347) § 16. Betting on Elections. — Whoever shall make any bet or 
wager of money, or wager of any other thing of value, or shall have any 
share or part in any bet or wager of money, or wager of any other thing 
of value, upon any election .in this State, shall be deemed guilty of a mis- 
demeanor, and, upon conviction in any Court of Sessions in this State, 
shall be fined in a sum not exceeding five hundred dollars, and be impris- 
oned not exceeding one month ; one-half of the fine to go to the informer, 
and the other half to the use of the State. 

Crim. Code, '12, § 858 ; Crim. Code, '02, § 271 ; G. S. 2546 ; R. S. 235 ; 1850 ; XII, 72. 

(348) § 17. Voting More Than Once at Elections. — If any person 
qualified by the Constitution and laws of this State to vote at any election 
for the members of Congress of the United States, members of the Legisla- 
ture of this State, Sheriff, Clerk, Judge of Probate, or any other county 
officer, Mayor and Aldermen of any city, Intendant and Wardens of any 
incorporated town, officers of the Militia or volunteer organizations of the 
State, or at any other election (whether general, special or primary) held 
within this State, shall vote more than once at such election, for the same 
office, such person so voting more than once, shall be fined and imprisoned, 
at the discretion of the Judge before whom the case shall be tried. 

Crim. Code, '12, § 359; Crim. Code, '02, § 272; G. S. 2547; R. S. 236; 1858, XII, 731; 
1905, XXIY, 940. 

(349) § 18. Bribery at Elections. — If at any election hereafter held 
within this State, whether general, special or primary, for members of the 
Congress of the United States, members of the Legislature of this State, 
Sheriff, Clerk, Judge of Probate, or other county officer. Mayor and Alder- 
men of any city, Intendant and AVardens of any incorporated town, officers 
of the Militia or volunteer organizations of the State, or at any other 
election held within this State, any person shall, by the payment, delivery 
or promise of money, or other article of value, procure another to vote 
for or against any particular candidate or measure, the person so promis- 
ing and the person so voting, shall each be guilty of a misdemeanor, and, 
upon conviction thereof, shall, for the first offense, be fined in any sum 
not less than one hundred dollars nor more than five hundred dollars, and 
imprisoned for any period of time not less than one month nor more than 
six months ; and, for the second offense, shall be fined in any sum not less 
than five hundred dollars, nor more than five thousand dollars, and im- 
prisoned for any period of time not less than three months nor more than 
twelve months. 

Crim. Code, '12, § 360 ; Crim. Code, '02, § 273 ; G. S. 2548 ; R. S. 237 ; 1858, XII, 731 ; 
1905, XXIV, 940. 

9 C L 



114 CRIMINAL CODE 

(350) § 19. Offering to Procure Voters by Bribery. — If at any elec- 
tion, as in Section 17 of this Chapter, any person shall offer or propose to 
procure another, by the payment, delivery or promise of money, or other 
article of value, to vote for or against any particular candidate or meas- 
ure, or shall offer or propose, for the consideration of money or other article 
of value paid, delivered or promised, to vote for or against any particular 
candidate or measure, such person so offering to procure or vote shall be 
deemed guilty of a misdemeanor, and, upon conviction thereof, shall be 
fined and imprisoned, at the discretion of the Court. 

Crim. Code, -12, § 361 ; Crim. Code, '02, § 274 ; G. S. 2549 ; 1S58, XII, 731 ; 1905, 
XXIY, 942. 

(351) § 20. Misdemeanor to Obtain Votes by Bribe or Threat. — At 

or before every political primary election held by any political party, or- 
ganization or association, for the purpose of choosing candidates for office, 
or the election of delegates to conventions, in this State, any person who 
shall, by threats or any other form of intimidation, or by the payment, de- 
livery, or promise of money, or other article of value, procure or offer, 
promise to endeavor to procure, another to vote for or against any par- 
ticular candidate in such election, or who shall, for such consideration, offer 
to so vote, shall be guilty of a misdemeanor. 
Crim. Code, '12, §362; 190-5, XXI, 949. 

(352) § 21. Candidates to Make Pledge— Form— Failure Nullifies 
Election — Violation a Misdemeanor. — Every candidate offering for 
election, under the provisions of Section (3.51) shall make the following 
pledge and file the same with the Clerk of Court of Common Pleas for the 
county in which he is a candidate, unless he should be a candidate in more 
than one county, in which case he shall file same with the Secretary of 
State, before he shall enter upon his campaign, to wit : I, the undersigned 

, of the County of , and State of South Carolina, 

candidate for the office of , hereby pledge that I will not give nor 

spend money, or use intoxicating liquors for the purpose of obtaining or 
influencing votes, and that I shall, at the conclusion of the campaign and 
before the primarj^ election, render to the Clerk of Court (or Secretary of 
State as hereinbefore provided), under oath, an itemized statement of all 
moneys spent or provided by me during the campaign for campaign pur- 
poses up to that time, and I further pledge that I will, immediately after 
the primary election or elections that I am a candidate in, render an 
itemized statement, under oath, showing all further moneys spent or pro- 
vided by me in said election: Provided, That a failure to comply with 
this pro^-ision shall render such election null and void, in so far as the 
candidate who fails to file the statement herein required, but shall not 
affect the validity of the election of any candidate complying with this 
Section: And provided, further. That such itemized statement and pledge 
shall be open to public inspection at all times. That an}' violation of the 
provisions of Sections (351) or. (352) shall be a misdemeanor, and any per- 
son, upon conviction thereof, shall be fined not less than one hundred dol- 
lars nor more than five hundred dollars, or be imprisoned at hard labor for 



OF SOUTH CAROLINA 115 

not less than one month nor more than six months, or both fine and im- 
prisonment, in the discretion of the Court. 
Crim. Code, '12, § 363 ; 1905, XXI, 949. 

(353) § 22. Drinking Within One Mile of Voting Precinct Unlawful. 

—It shall be unlawful hereafter for any person to sell, barter or give away 
or treat any voter to any malt or intoxicating liquor within one mile of 
any voting precinct during any primary or other election day, under a 
penalty, upon conviction thereof, of not more than one hundred ($100) 
dollars, nor more than thirty (30) days imprisonment with labor. 
Crim. Code, '12, § 366; 1904, XXIV, 417. 

(354) § 23. Abusing Voters, Etc.— If any person shall, at any of the 
elections in any city, town, ward, or polling precinct, threaten, mistreat, 
or abuse any voter, with a view to control or intimidate him in the free 
exercise of his right of suffrage, such offender shall suffer fine and impris- 
onment, at the discretion of the Court. 

Crim. Code, '12, § 367; Crim. Code, '02, § 275; G. S. 2550; R. S. 239; 1850, XII, 72. 

(355) § 24. Place of Trial— Informer's Share, Etc.— All offenses 
against the provisions of Sections 10, 11, 12 and 23 of this Chapter, shall be 
heard, tried and determined before the Court of General Sessions, and 
the pecuniary penalties accruing thereby shall go, one-third to the in- 
former, and the remainder to the State. 

Crim. Code, ' 12, §368; Crim. Code, '02, § 276; G. S. 25.51; R. S. 240; 1858, XII, 731. 

(356) § 25. Assault, Etc., on Account of Political Opinions.— Who- 
ever shall assault or intimidate any citizen because of political opinions or 
the exercise of political rights and privileges guaranteed to every citizen 
of the United States by the Constitution and laws thereof, or by the Con- 
stitution and laws of this State, or, for such reason, discharge such citizen 
from employment or occupation, or eject such citizen from rented house or 
land or other property, such person shall be deemed guilty of a misde- 
meanor, and on conviction thereof, be fined not less than fifty nor more 
than one thousand dollars, or be imprisoned not less than three months or 
more than one year, or both, at the discretion of the Court. 

Crim. Code, '12, § 369 ; Crim. Code, '02, § 277 ; G. S. 2552 ; R. S. 241 ; 1871, XIV, 560. 

(357) § 26. Perjury to Swear Falsely, Etc., by Voters— Fraudulent 
Actions in Party Primaries. — Any voter who shall swear falsely at any 
primary election, in taking the prescribed oath, or shall personate another 
person and take the oath in his name, in order to vote, shall be guilty of 
perjury, and be punished, upon conviction, as for perjury. And any per- 
son who shall fraudulently procure the registration of a name or names on 
the party registration lists, or rolls, in violation of the party rules or 
otherwise ; or who shall fraudulently offer or attempt to vote such name or 
names; or who shall fraudulently offer or attempt to vote in violation of 
the party rules and regulations; or under any false pretense as to any 
circumstances affecting his qualifications to vote; or who shall fraudu- 
lently aid, counsel or abet another in so doing, either as to said fraudulent 
registration or said fraudulent offer or attempt to vote, shall be deemed 



116 CRIMINAL LAWS 

guilty of a misdemeanor, and upon conviction, shall be punished by a fine 
of not less than one hundred ($100) dollars, nor more than five hundred 
($500) dollars, or be imprisoned for a period of not less than thirty (30) 
nor more than ninety (90) days, or both, at the discretion of the Court. 
Crim. Code, '12, § 370; 1903, XXIV, 113. 

(358) § 27. Punishment of Managers at Primary Election for Vio- 
lating, Etc. — Any Manager at any primary election in this State, who 
shall be guilty of wilfully violating any of the duties devolved upon such 
position, shall be guilty of a misdemeanor, and, upon conviction thereof, 
shall be punished by a fine not to exceed one hundred dollars, or imprison- 
ment not to exceed six months ; and any Manager who shall be guilty of 
fraud or corruption in the management of such election, shall be guilty of 
a misdemeanor, and, upon conviction thereof, shall be fined in a sum not to 
exceed five hundred dollars, or imprisonment for a term not to exceed 
twelve months, or both, in the discretion of the Court. 

Crim. Code, '12, § .371 ; Crim. Code, '02, § 279 ; R. S. 243 ; 1888, XX, 10. 

(359) § 28. Penalty on Messengers and Others for Defeating Due De- 
livery of Certificates. — If any of the messengers shall be guilty of de- 
stroying the certificates entrusted to their care, or wilfully doing any act 
that shall defeat the due delivery of them, he shall be punished by im- 
prisonment in the Penitentiary, at hard labor, for a term not less than two 
nor exceeding four years ; and if any person shall be found guilty of taking 
away from any of the said messengers, either by force or in any other 
manner, any such certificates entrusted to his care, or wilfully doing any 
act that shall defeat the due delivery thereof, he shall be punished by im- 
prisonment in the Penitentiary, at hard labor, for not less than two nor 
exceeding four years. 

Crim. Code, '12, § 373 ; Crim. Code, '02, § 281 ; G. S. 150 ; R. S. 245 ; 1888, XX, 10. 

(360) § 29. Punishment for Neglect or Corrupt Conduct on Part of 
Officers or Messengers. — If any officer or messenger, on whom any duty 
is enjoined in this Chapter, shall be guilty of any wilful neglect of such 
duty, or of any corrupt conduct in the execution of the same, and be 
thereof convicted, he shall be deemed guilty of a misdemeanor, punishable 
by fine not exceeding five hundred dollars, or imprisonment not exceed- 
ing one year. 

Crim. Code, '12, § 374 ; Crim. Code, '02, § 282 ; G. S. 151 ; R. S. 246 ; 1888, XX, 10. 

(361) § 30. Punishment for Violating Election Laws. — Every person 
who shall vote at any general, special, or municipal election, who is not 
entitled to vote and every person who shall by force, intimidation, decep- 
tion, fraud, bribery, or undue influence, obtain, procure, or control the vote 
of any elector to be cast for any candidate or measure other than as in- 
tended or desired by such elector, or who shall violate any of the foregoing 
provisions in regard to elections, shall be punished by a fine of not less than 
one hundred nor more than one thousand dollars, or by imprisonment in 
jail not less than three months nor more than twelve months, or both, 
within the discretion of the Court. 

CiJrn. Code, '12, § 375 ; Crim. Code, '02, § 283 ; G. S. 162 ; R. S. 247 ; 1888, XX, 10. 



OF SOUTH CAROLINA 117 

(362) § 31. Wilful Neglect of Duty or Corrupt Conduct a Misde- 
meanor. — If any of the Commissioners or Managers of Election, or any 
member of the State or County Board of Canvassers, or any member of 
the Board of Registration or Supervisor of Registration, or any officers 
on whom any duty is imposed by the election or registration laws, shall 
be guilty of any wilful neglect of the same, or of any corrupt conduct in 
executing the same, and be thereof convicted, he shall be deemd guilty of a 
misdemeanor, punishable by fine not exceeding five hundred dollars, or im- 
prisonment at hard labor not exceeding one year. 

Crim. Code, '12, § 376 ; Crim. Code, '02, § 284 ; 1896, XXII, 223. 
Davis V. State Board. 86 S. C. 451, 461, 68 S. E. 676. 

(363) § 32. Improperly furnishing Registration Certificates a Mis- 
demeanor. — Any member of the Boards of Registration, or any Super- 
visor of Registration, who shall prepare and furnish to voters, or permit 
to be prepared and furnished to voters, registration certificates at other 
times than the times at which the books of registration are to be opened 
according to law for that purpose, and shall be convicted thereof, shall be 
deemed guilty of a misdemeanor, and fined not more than five hundred 
dollars, or imprisonment at hard labor not more than one year. 

Crim. Code, '12, § 877 ; Crim. Code, '02, § 285 ; 1896, XXII, 223. 

(364) § 33. Receiving a Fraudulent Certificate a Misdemeanor. — Any 

elector knowingly receiving a registration issued in violation of the Regis- 
tration Law of this State, or making use of the same, on conviction thereof, 
shall be deemed guilty of a misdemeanor, and fined not exceeding the sum 
of two hundred dollars, or imprisoned at hard labor not more than three 
months. 

Crim. Code, '12, § 378; Crim. Code, '02, § 286; 1896, XXII, 223. 

(365) § 34. Penalty for Serving Candidate for Money Consideration. 

— Any person who shall perform, or agree to perform, any service in the 
interest of any candidate for any office provided for in Article IX, Chap- 
ter LI, of the Civil Code, Volume III of the Code of Laws (whether in 
connection with the primary election nomination, or in connection with the 
municipal election, or in connection with the obtaining and filing of the 
petition required herein ) , in consideration of any money or other valuable 
thing or of future support in obtaining office, shall be punished by a fine 
not exceeding five hundred ($500) dollars, or imprisonment not exceeding 
one (1) year, and any candidate, or other person, who shall solicit or 
contract for, or otherwise seek or obtain, such services in the interest of 
or against the candidacy for Mayor or Councilman, or for or against any 
question that may be submitted to an election, or shall pay any money for 
said services or promise any valuable thing for such services, or to influ- 
ence any elector in his vote, shall be punished in the same manner, and 
any person making false answers to any of the provisions of said Article 
relative to his qualifications to vote at any election herein provided for, any 
person wilfully voting, or offering to vote at such election when not qual- 
ified as herein provided, and any person knowingly procuring, aiding or 
abetting any violation of any of the provisions herein, shall be guilty of 



118 CRIMINAL LAWS 

a misdemeanor, and, upon conviction, shall be fined not exceeding five 
hundred ($500) dollars, or imprisoned not exceeding one (1) year, and 
all the other provisions of law now applying to bribery or corruption or 
other improper practices in connection with elections shall likewise apply 
to the elections herein referred to. 
Crim. Code, '12, § 365; 1910, XXVI, 529. 

(366) § 35. Serving Interest of Candidates for Office in Certain 
Cities, Etc., Prohibited. — Any person who shall perform, or agree to per- 
form, any service in the interest of any candidate for any office pro- 
vided for in Article VIII, Chapter LI, Civil Code, (whether in connec- 
tion with the primary election nomination or in connection wath the mu- 
nicipal election, or in connection wdth the obtaining and filing of the peti- 
tion required herein), in consideration of any money or other valuable 
thing, or of future support in obtaining office, shall be punished by a 
fine not exceeding five hundred ($500) dollars, or imprisonment not ex- 
ceeding one (1) year, and any candidate, or other person, who shall solicit 
or contract for, or otherwise seek or obtain, such services in the interest 
of or against a candidacy for Mayor or Councilman, or for or against 
any question that may be submitted to an election, or shall pay any money 
for said service or promise any valuable thing for such service, or to in- 
fluence any elector in his vote, shall be punished in the same manner, 
and any person making false answers to any of the provisions of said 
Article relative to his qualifications to vote at any election herein pro- 
vided for, any person wilfully voting or offering to vote at such election 
when not qualified as herein provided, and any person knowingly pro- 
curing, aiding or abetting any violation of any of the provisions herein, 
shall be guilty of a misdemeanor, and, upon conviction, shall be fined not 
exceeding five hundred ($500) dollars, or imprisoned not exceeding one 
(1) year, and other provisions of law now applying to bribery or cor- 
ruption or other improper practices in connection with elections shall 
likewise apply to the elections herein referred to. 

1912. XXVII, 793. 

(367) § 36. Violation of Law as to Primary Elections — Penalties. — 

Oaths. — Any person violating the provisions of Sections (285) to (299), 
Civil Code, other than swearing falsely, shall be guilty of a misdemeanor, 
and fined not over five hundred ($500) dollars, or imprisoned not over 
six ( 6 ) months, . or both, at the discretion of the Court. Any person 
swearing falsely in any of the matters pertaining to primary elections 
shall be guilty of perjury and punished as now provided by law for per- 
jury. 

1915, XXIX, 174: - 

(368) § 37. Misdemeanor to Violate Election Law — Perjury — Pen- 
alty — Oaths Administered. — Any person violating the provisions of Sec- 
tions (311) to (328), Civil Code, other than swearing falsely, shall be 
guilty of a misdemeanor and fined not over five hundred ($500.00) dollars 
or imprisoned not over six (6) months, or both, at the discretion of the 
Court. Any person swearing falsely in any of the matters pertaining to 



OF SOUTH CAROLINA 119 

primary elections shall be guilty of perjury, and punished as now pro- 
vided by law for perjury. 
1915, XXIX, 81. 

(369) § 38. Wrongful Enrollment — Perjury — Prima Facie Evidence. 

— Every person enrolling himself who is not entitled to be enrolled, or 
who shall violate any of the provisions of Sections (311) to (326), Civil 
Code, shall be deemed guilty of perjury, and the production of the books 
of enrollment, showing the enrollment of any such person, shall be prima 
facie evidence that the person so enrolled has acted in violation of the pro- 
visions of law. 
1915, XXIX, 81. 

(370) § 39. Oath Administered by Officers of Reserve Militia — False 
Swearing Perjury. — Officers are authorized and empowered to admin- 
ister oaths and affirmations in all matters pertaining to or concerning the 
South Carolina Reserve Militia. Any person who shall falsely swear or 
affirm to any oath or affirmation before any such officer shall be guilty of 
perjury, and upon trial and conviction thereof shall be sentenced for 
such offense as now provided by law for the crime of perjury. 

1918, XXX, 874. 

(371) § 40. Penalty for Embalming Body Where Crime is Sus- 
pected.— It shall be unlawful to embalm a dead human body when any 
fact within the knowledge, or brought to the attention of the embalmer 
is sufficient to arouse suspicion of crime in connection with the cause 
of death of the deceased, until the permission of the Coroner or of a 
Magistrate, if a Coroner be not accessible, shall have first been obtained. 
Any person violating the provisions of this Section shall be deemed guilty 
of a misdemeanor, and, upon conviction thereof, shall be fined not less 
than fifty dollars nor more than one hundred dollars. 

1912, XXVII, 752. 



CHAPTER VI. 

Offenses Against Chastity, Morality, Decency, Etc. 

(372) § 1. Abducting a Maid Under Sixteen Years of Age.— 

Wlioever, above the age of fourteen years, shall unlawfully take or convey, 
or cause to be taken or conveyed, any maid or woman-child unmarried, 
being within the age of sixteen years, out of or from the possession and 
against the will of the father or mother of such child, or out of or from 
the possession and against the will of such person or persons as then shall 
happen to have, by "any lawful ways or means, the order, keeping, educa- 
tion, or governance of any such maiden or woman-child, shall, on convic- 
tion, suffer imprisonment for the space of two years, or else shall pay such 
fine as shall be adjudged by the Court. 

Crim. Code, '12, § 379 ; Crim. Code, '02, § 287 ; G. S. 2585 ; R. S. 248 ; 4 and 5 P. & 
M., c. 8; 1712, II, 485. 

IXDICTMEIs'T , ii. i iv 

Must State that the defendant was above the age of fourteen years and that the person 
taken away was a maid or woman-child. State v. O'Bannon, 1 Bail. 144. 



120 CRIMINAL LAWS 

The defendant must be brought within all the material words of the Section. lb. 

Bad, if it charge disjunctively, that defendant "did take and convey or caused, to be taken 
and carried away." Ih. 

It may .ioin two counts, one under this Section, and one under the following Section. 
State V. Tidwell. 5 Strob. 1. 

(373) § 2. Abducting, Deflowering or Contracting Matrimony With 
Woman Under Sixteen Years. — Whoever shall so take away, or cause to be 
taken away, as aforesaid, and deflower any such maid or woman-child, as 
aforesaid or shall against the will, or unknowing of or to the father of any 
such maid or woman-child, if the father be in life, or against the will or 
unknowing of the mother of any such maid or woman-child (having the 
custody or governance of such child, if the father be dead), by secret let- 
ters, messages, or otherwise, contract matrimony with any such maid or 
woman-child, shall on conviction, suffer imprisonment for five years, or else 
shall pay such fine as shall be adjudged by the Court ; one moiety of which 
fine shall be for the State, and the other moiety to the parties grieved. 

Crim. Code, '12, § 380 ; Grim. Code, '02, § 288 ; G. S. 2586 ; R. S. 249 ; 4 and 5 P. 
& M., c. 8; 1712, II, 485. 

Applied as a wise and salutary law for the protection of inexperienced females of all con- 
ditions. State V. Finlay, 2 Bay 418. 

Indictment — 

May join count under this Section with a count under the preceding Section. State v. 
Tidwell, 5 Strob. 1. 

Veedict — 

If general under such indictment of two counts, fixes the greater degree of guilt m this 
Section, as well upon him who marries the woman-child, as upon him who aided. State v. 
Tidwell, 5 Strob. 1. 

(374) § 3. Bigamy. — Whoever, being married, and whose husband or 
wife has not remained continually for seven years beyond the sea, or con- 
tinually absented himself or herself, the one from the other, for the space 
of seven years together, the one of them not knowing the other to be living 
within that time, or who were not married before the age of consent, or 
where neither husband nor wife is under sentence of imprisonment for 
life, or whose marriage has not been annulled by decree of a competent 
tribunal having jurisdiction both of the cause and the parties, shall marry 
another person, the former husband or wife being alive, shall, on convic- 
tion, be punished by imprisonment in the Penitentiary for not more than 
five years nor less than six months, or by imprisonment in the jail for six 
months, and by a fine of not less than five hundred dollars. 

Crim. Code, '12, § 381 ; Crim. Code, '02, § 289 ; G. S. 2-587 ; R. S. 250 ; 1 J. 1, C 11, 
1712, II, 508; 1874, XV, 603. 

Applied against a nephew who had lawfully married his aunt and while she was alive 
married again. State v. Barefoot, 2 Rich. 209. 

Evidence — , 

Declarations of the prisoner that he had married the first w;ife, and proof of long cohabita- 
tion, sufficient to prove the first marriage. State v. Britton, 4 McC. 256; State v. Hilton, 
3 Rich, 434. . 

Marriage of slaves prior to emancipation living together in 1865. 10 S. C. 500. Confession 
of paramour inadmissible. State v. Mims, 39 S. C. 557, 17 S. E. 850. Variance in name 
of paramour. lb. 

There is no presumption that a former marriage solemnized in due form was illegal at 
time of performance. Hallums v. Hallums, 74 S. C. 407, 54 S. E. 613. 

(375) § 4. Adultery or Fornication. — Any man or woman who shall 
be guilty of the crime of adultery or fornication, shall be liable to indict- 
ment, and, on conviction, shall be severally punished by a fine of not less 
than one hundred dollars nor more than five hundred dollars, or imprison- 
ment for not less than six months nor more than one year, or by both fine 
and imprisonment, at the discretion of the Court. 

Crim. Code, '12, § 382; Crim. Code, '02, § 290; G. S. 2588; R. S. 251; 1880, XVII, 
328. 



OF SOUTH CAROLINA 121 

Adultery not indictable at common law, and was not an indictable offense in this State 
in 1831. State v. Brunson, 2 Bail. 149. 

Either party may be indicted separately. State v. Sauls, 70 S. C. 393, 50 S. E. 17. 

Proof of marriage in prosecution for adultery. State i'. Still, 68 S. C. 37, 46 S. E. 524, 
102 Am. St. Rep. 657. 

Jurisdiction depends on place where the crime is committed. State v. Williams, 84 S. C. 
21, 65 S. E. 982. 

(376) § 5. Adultery Defined. — Adultery is the living together and 
carnal intercourse with each other, or habitual carnal intercourse with 
each other without living together, of a man and woman, when either is 
lawfully married to some other person. 

Crim. Code, '12, § 3S3 ; Crim. Code, '02, § 291 ; G. S. 25S9 ; R. S. 252 ; ISSO, XVII. 
328. 

Foreign divorce no defense. State r. Westmoreland, 76 S. C. 145; 56 S. E. 673, 8 L. 
R. A., N. S., 842. 

(377) § 6. Fornication Defined. — Fornication is the living together 
and carnal intercourse with each other, or habitual carnal intercourse with 
each other without living together, of a man and woman, both being un- 
married. 

Crim. Code, '12, § 384 ; Crim. Code, '02, § 292 : G. S. 2590 ; R. S. 253 ; 1880, XVII, 
328. 

"Habitual carnal intercourse" means more than occasional intercourse, but it is for the 

jury to sav how frequent it must be to make it "habitual." State v. Carroll, 30 S. C. 85i 
8 S. E. 433. 

The words "without living together" are not elements in the offense of adultery, and may 
be omitted from indictment. Ih. 

Prosecutions under municipal ordinances for keeping bawdy houses may be seen in State 

V. Sanders, 68 S. C. 192, 47 S. E. 55; Union v. Hampton, 83 S. C. 46, 64 S. E. 1017. 

(378) § 7. Miscegenation — Punishment for — Penalty for Perform- 
ing Ceremony. — It shall be unlawful for any wliite man to intermarry 
with any woman of either the Indian or negro races, or any mulatto, 
mestizo, or half breed, or for any white woman to intermarry with any 
person other than a white man, or for any mulatto, half-breed, Indian, 
negro or mestizo to intermarry with a white woman; and any such mar- 
riage, or attempted marriage, shall be utterly null and void and of none 
effect ; and any person who shall violate this Section, or any one of the 
provisions thereof, shall be guilty of a misdemeanor, and, on conviction 
thereof, shall be punished by a fine of not less than five hundred dollars, 
or imprisonment for not less than twelve months, or both, in the discre- 
tion of the Court. Any clergyman, minister of the gospel. Magistrate, 
o!r other person authorized by law to perform the marriage ceremony, 
who shall knowingly and wilfully unite in the bonds of matrimony any 
persons of different races, as above prohibited, shall be guilty of a mis- 
demeanor, and, upon conviction thereof, shall be liable to the same 
penalty or penalties as provided in this Section. 

Crim. Code, '12, § 385 ; Crim. Code, '02, § 293 ; R. S. 517 ; G. S. 2032 , 2033 , 2084 ; 

1879, XVII, 3; Const., Art. 2, § 6. 

Cited in Glood v. News, and Courier Co., 71 S. C. 112, 50 S. E., 4 Am. & Eng. Ann. Cas. 
685. 

(379) § 8. Marriage License. — It shall be unlawful for any person 
to contract matrimony within this State without first procuring a license 
as is hereinafter provided; and it shall likewise be unlawful for any one, 
whomsoever, to perform the marriage ceremony for any such persons with- 
out said persons first delivering to the party performing said marriage cere- 
mony a license as is hereinafter provided, duly authorizing said persons to 



122 CRIMINAL LAWS 

contract matrimony. Am^ officer or person performing the marriage cere- 
mony without the production of such license shall, on conviction thereof, 
be punished by a fine of not more than one hundred ($100) dollars nor less 
than twenty-five ($25) dollars, or imprisonment not more than thirty days 
nor less than ten. 

Crim. Code, '12, § 886; 1911, XXVII, 131. 

(380) § 9. Buggery. — Whoever shall commit the abominable crime 
of buggery, whether with mankind or with beast, shall, on conviction, be 
deemed guilty of felony, and shall be imprisoned in the Penitentiary for 
five years, and shall pay a fine of not less than five hundred dollars, or 
both, at the discretion of the Court. 

Crim. Code, '12, § 387; Crim. Code, '02, § 294; G. S. 2591; R. S. 254; 25 H. 8, 
c. 1; II, 46.5. 

(381) § 10. — ^Incest — Prohibited Degrees — ^Punishment. — Any person 
who shall have carnal intercourse with each other within the following 
degrees of relationship, to wit: A man with his mother, grandmother, 
daughter, granddaughter, stepmother, sister, grandfather's wife, son's 
wife, grandson's wife, wife's mother, wife's grandmother, wife's daugh- 
ter, wife's granddaughter, brother's daughter, sister's daughter, father's 
sister, or mother's sister; a woman with her father, grandfather, 
son, grandson, stepfather, brother, grandmother's husband, daughter's 
husband, granddaughter's husband, husband's father, husband's grand- 
father, husband's son, husband's grandson, brother's son, sister's son, 
father's brother, or mother's brother, shall be deemed guilty of incest, and 
shall be punished by a fine of not less than five hundred dollars, or im- 
prisonment not less than one year in the Penitentiary, or both such fine and 
imprisonment. 

Crim. Code, ' 12, § 388 ; Crim. Code, '02, § 295 ; R. S. 258 ; 1884, XIX, 801. 

State may show crime was committed seven years before date alleged in the indictment. 
State •». Reynolds. 48 S. C. 384. 2Q S. E. 769. Wife may testify against husband. Ih. 

Applies to relation of the half blood; does not apply to marriage contracted before enact- 
ment of Statute. 

State V. Smith, 101 S. C. 293; 85 S. E. 958. 

(382) § 11. — Seduction Under Promise of Marriage. — Any male person 
above the age of sixteen years who shall, by any means of deception and 
promise of marriage, seduce any unmarried woman in this State, shall 
upon conviction, be deemed guilty of a misdemeanor, and shall be fined or 
imprisoned, at the discretion of the Court ; but no conviction shall be had 
under this Section on the uncorroborated testimony of the woman upon 
whom the seduction is charged ; and no conviction shall be had if on trial it 
is proved that such woman was at the time of the alleged offense, lewd and 
unchaste: Provided, That if the defendant in any action brought here- 
under shall contract marriage with such woman, either before or after 
the conviction, further proceedings hereunder shall be stayed. 

Crim. Code, '12, § 389; 1905, XXIV, 937. 

In a prosecution under this Section the chastity of the woman is presumed, and the burden 
of showine her to be lewd or unchaste, is on defendant. State v. Turner, 82 S. C. 279, 64 
S. E. 424, 17 Am. & Eng. Ann. Cas. 88. 

Marriage under vroviso legal; State v. English, 101 S. C. 304; 85 S. E. 721. 

Promise of marriage without intent to perform is a sufficient deception, State v. Whitaker, 
103 S. C. 210; 87 S. E. 1001. 



OF SOUTH CAROLINA 123 

(383) § 12. Felony to Expose Person Indecently. — Any person who 
shall be guilty of wilful and malicious indecent exposure of his person on 
any street or highway, or in any place of resort, shall be guilty of a felony, 
and, on conviction, shall be punished by fine or imprisonment, or both, in 
the discretion of the Court. 

Orim. Code, '12, § 390 ; 1906, XXV, 84. 

(384) § 13. Penalty for Publishing, Etc., Obscene Books, Papers, Etc. 
— Punishment. — Whoever knowingly imports, prints, publishes, sells or 
distributes any book, pamphlet, ballad, printed paper or other thing con- 
taining obscene, indecent or improper print, picture, figure or description 
manifestly tending to the corruption of the morals of youth, or introduces 
into a family, school, or place of education, or brings, procures, receives, or 
has in his possession, any such book, pamphlet, printed paper, picture, or 
ballad, or other thing, either for the purpose of sale, exhibition, to aid in a 
circulation, or with intent to introduce the same into a family, school, or 
place of education, shall be punished by imprisonment not exceeding two 
years, or by a fine not exceeding one thousand dollars, or both, at the dis- 
cretion of the Court. 

Crim. Code, '12, § 391 ; Crim. Code, '02, § 296 ; R. S. 255 ; 1885, XIX, 334 

(385) § 14. Exhibiting Indecent Pictures a Misdemeanor — Punish- 
ment. — Whoever posts or exhibits in any public place any advertisement, 
show bill,, or other printed or written picture of an indecent or obscene 
character, shall be guilty of a misdemeanor, and, upon conviction thereof, 
shall be punished by imprisonment not exceeding two years, or by a fine not 
exceeding one thousand dollars, or both, in the discretion of the Court. 

Crim. Code, '12, § 392 ; Crim. Code, '02, § 297 ; R. S. 256 ; 1885, XIX, 334. 

(386) § 15. Cockfighting a Misdemeanor. — It shall be a misdemeanoir 
for any person to engage in or be present at cockfighting in this State, and 
any person found guilty shall be fined not exceeding one hundred dollars, 
or imprisonment not exceeding thirty days. 

Crim. Code, '12, § 393; Crim. Code, '02, § 298; R. S. 257; 1887, XIX, 801; 1917, 
XXX, 47. 

(387) § 16. Misdemeanor to Give Negro Permanent Custody of White 
Child — Penalty. — It shall be unlawful for any parent, relative, or other 
white person in this State, having the control or custody of any white child, 
by right of guardianship, natural or acquired, or otherwise, to dispose of, 
give or surrender such white child permanently into the custody, control, 
maintenance, or support, of a negro. Any person violating the provisions 
of this Section shall be deemed guilty of a misdemeanor, and, on conviction, 
shall be fined or imprisoned, in the discretion of the presiding Judge : Pro- 
vided, The provisions of this Section shall not be construed so as to prevent 
the offices of a negro in the family of any white person as a nurse. 

Crim. Code, '12, § 395 ; 1910, XXVI, 702. 



124 CRIMINAL LAWS 

CHAPTER Vn. 

Offenses Against the Public Health. 

(388) § 1. Penalty for Practicing Dentistry Without Proper 
Qualifications. — Any person who, for fee or reward, shall practice 
dentistry in violation of the laws of this State regulating the practice 
thereof, shall be liable to indictment, and, on conviction, shall be fined not 
less than fifty nor more than three hundred dollars, or be imprisoned at 
hard labor on the county chaingang for a period of not less than one month 
nor more than twelve months : Provided, That nothing in this Section shall 
be construed as to prevent any person from extracting teeth. All fines 
collected shall inure to the educational fund of the county where the 
offender resides. 

Crim. Code, '12, § 399; Crim. Code, '02, § 301; G. S. 934; R. S. 261; 1875, XVI, 
856 ; 1887, XIX, 788 ; 1899, XXIII, 97. 

(389) § 2. Misdemeanor to Violate Provisions of Code as to Trained 
Nurses. — Any person violating any of the provisions of the Civil Code, 
Sections (2445) to (2452), in reference to trained nurses, ot who shall 
wilfully make any false representations to the State Board of Medical Ex- 
aminers in applying for a certificate or license to pursue the calling of a 
professional or trained nurse, or otherwise violate the pirovisions thereof, 
shall be guilty of a misdemeanor, and, upon conviction thereof, be punished 
by fine not exceeding two hundred dollars, or imprisonment not exceed-- 
ing three months, or both, in the discretion of the Court. 

Crim. Code, '12, § 397; 1910, XXVI, 569. 

(390) § 3. Practice of Medicine Without License a Misdemeanor- 
Penalty. — It shall be unlawful for any person or persons to practice 
medicine or surgery, or any branch or specialty of the same, within the 
meaning of Article 2, Chapter XXIII, Civil Code, in this State who has 
failed to comply with the provisions of said Article, and anyone vio- 
lating said provisions shall be deemed guilty of a misdemeanor, and 
for each offense, upon conviction by any Court of competent jurisdic- 
tion, shall be fined in any sum not less than one hundred dollars nor more 
than five hundred dollars, or imprisonment in the county jail for a period 
of not less than thirty nor more than ninety days, or both, at the dis- 
cretion of the Court, and that each day of such violation shall constitute 
a separate offense. One-half of said fine to go to the informant and the 
other half to the State. 

1920, XXXI, 1004. 

See State v. Van Buren, 86 S. C. 297, 68 S. E. 568. 

(391) § 4. Practice of Pharmacy Without License a Misdemeanor 
— Penalty. — Any person guilty of violating the provisions of any Section 
of Article 2, Chapter XXIII, Civil Code, shall be guilty of a misde- 
meanor, and, upon conviction thereof, shall, for a first offense, be pun- 
ished by fine of twenty-five ($25.00) dollars or imprisonment for thirty 
(30) days, or both, within the discretion of the Court; and, upon a second 
conviction, shall be punished by a minimum fine of fifty ($50.00) dol- 
lars or imprisonment for sixty (60) days, or both, in the discretion of the 



OF SOUTH CAROLINA 125 

Court, All fines and fees collected shall be used for the enforcement of 
this Article. 

1920, XXXI, 993. 

(392) § 5. Practice of Optometry Without License a Misdemeanor — 
Penalty. — Any person who shall violate the provisions of Article 3, 
Chapter XXIII, Civil Code, shall be deemed guilty of a misdemeanor, 
and, upon conviction in a Court of competent jurisdiction, be punished 
by a fine of not less than twenty-five dollars and not exceeding one 
hundred dollars, or by imprisonment not less than twenty days and 
not exceeding thirty days, all fines thus received, one-fourth to be paid 
party or parties furnishing proof necessary to convict, three-fourths 
to go to the common schools fund in the county in which the convic- 
tion takes place. 

1917, XXX, 1. 

(393) § 6. Practice of Veterinary Without License a Misdemeanor 
— Penalty. — Any person practicing veterinary medicine and surgery in 
this State without a license as provided in Article 4, Chapter XXIII, 
Civil Code, shall be deemed guilty of a misdemeanor, and, upon convic- 
tion, shall be punished by a fine of not less than twenty-five or more 
than one hundred dollars, or be imprisoned for not less than ten days 
or more than thirty days, for each and every offense 

1920, XXXI, 905. 

(394) § 7. Practice as Embalmer Without License — Misdemeanor 
to Violate Law. — Any person who shall practice or hold himself or her- 
self out as practicing embalming, without having complied with the 
provisions of Article 5, Chapter XXIII, Civil Code, shall be guilty of a 
misdemeanor, and, upon conviction thereof in any Court of competent 
jurisdiction, shall be sentenced to pay a fine of not less than five dol- 
lars nor more than one hundred dollars for each and every offense. 
All fines assessed for the violation of any of the provisions of said Article 
shall be paid into the public school fund of this State. 

1912, XXVIT, 752. 

(395) § 8. Misdemeanor to Violate Rules of Board of Health — 
Proviso. — That any person, who shall, after notice, violate, disobey, 
refuse, omit or neglect to comply with any rule of the Executive Com- 
mittee of the State Board of Health, made by it in pursuance of Article 
I, Chapter XXIII, Civil Code, shall be guilty of a misdemeanor, and, upon 
conviction thereof, shall be fined not exceeding the sum of one hundred 
dollars, or be imprisoned for thirty days: Provided, This Section shall 
not apply to any person until the rules of the State Board of Health are 
promulgated. 

1912, XXVII, 744. 

(396) § 9. Water Companies to Have Analysis of Water Made and 
Published — Fee — Inspection of Water Sheds. — Every water company, 
whether owned by private individuals or corporations, or by a municipality, 
shall have made, not less frequently than once in every three months, at 



126 CRIMINAL LAWS 

its own expense, by a chemist to be approved by tlie State Board of Health, 
a chemical analj^sis, and once every three months a bacteriological examina- 
tion, at its own expense, by a biologist to be approved by the State Board 
of Health, of a sample of its water, drawn from a faucet used for drinking 
purposes, packed and shipped in accordance with the instructions to be 
furnished by the Secretary of the State Board of Health, and the result 
of such examination shall be verified by a statement under oath of the 
chemist or biologist making the same, and published at least once in a news- 
paper published in the town or city using said water, within ten days after 
receipt thereof. For carrying out the provisions of this Section, the State 
Board of Health is authorized and empowered to have the bacteriological 
examination made as hereinbefore provided for and to charge for the same 
the sum of five dollars for each examination. As a check and as a guarantee 
of the faithful performance of the requirements laid down in this Section, 
the State Board of Health shall make, or have made by its authorized 
agents, such inspections of the watersheds and such chemical and bacteri- 
ological examinations of the public water supplies of the State as may be 
deemed necessary to insure their purity. Should such inspections or 
examinations show condition or conditions dangerous to the public health, 
the Secretary of the State Board of Health shall notify the Mayor, the mu- 
nicipal health officer and the superintendent or manager of the waterworks 
at fault, and demand the immediate removal of said dangerous condition or 
conditions. If, at the end of thirty days after the service of said notice and 
demand, the said dangerous condition or conditions shall have not been re- 
moved, to the extent that due diligence could accomplish such removal, the 
said Secretary shall have printed in one or more of the local newspapers a 
plain statement of the facts for the information and protection of the 
citizens using the water : Provided, That nothing herein contained shall be 
construed to prohibit any municipality from imposing such additional tests 
and requirements as they may deem necessary, and the decision of the 
municipal authorities shall be supreme. Every water company, its 
managing officers and directors, and the Mayor and Aldermen of every 
city and town, who shall neglect or fail to comply with and carry out 
the provisions of this Section, shall be guilty of a misdemeanor, and pun- 
ished by a fine not exceeding one hundred dollars, or by imprisonment not 
exceeding thirty days for each and every offense. 
Crim. Code, '12, § 404 ; 1907, XXV, 536. 

(397) § 10. Sale of Cocaine Made a Misdemeanor. — Any person, firm 
or company who shall sell cocaine, except on the written prescription of a 
practicing physician to be used under the personal supervision of such 
physician, or any person who shall be found in possession of any cocaine, 
or any person who shall be found in possession of any compound or mixture 
thereof, except when the bottle, box or vessel containing said coinpound 
or mixture bears the name of the practicing physician prescribing it and 
the name of the druggist or pharmacist compounding or mixing it, shall be 
deemed guilty of a misdemeanor, and, upon conviction thereof, shall be 
punished by a fine not exceeding $500, or by imprisonment not exceeding 
two years, or both in the discretion of the Court, with or without hard 
labor: Provided, That nothing herein contained shall prevent the sale of 



OF SOUTH CAROLINA 127 

cocaine by wholesale druggists to the retail or wholesale druggist, nor the 
use of the same by any regular licensed dental practitioner in his own prac- 
tice : Provided, That the unlawful possession by any person of cocaine, or 
any mixture, or combination thereof, shall be prima facie evidence of an 
intent to sell, give away, or otherwise, dispense same: Provided, That it 
shall be the duty of all boards of health in this State, whether State, county 
or municipal, to prosecute violators of this Section, or assist in the prosecu- 
tion of same. 

Crim. Code, '12, § 405 ; 1907, XXV, 541 ; 1911, XXVII, 143. 

Indictment need not allege that defendant had possession wilfully and knowingly. State 
V. Freeland, 106 S. C. 220; 91 S. E. 3. 

(398) § 11. Unlawful to Manufacture or Sell Impure Food or Drugs 
— Definitions. — It shall be unlawful for any person to manufacture or sell, 
or offer, for sale, any article of food or drug which is adulterated or mis- 
branded, within the meaning of this Section, and any person who shall vio- 
late any of the provisions of this Section, shall be deemed guilty of a mis- 
demeanor, and, upon conviction thereof, shall be punished by a fine not 
exceeding fifty dollars, or by imprisonment not exceeding fifteen days for 
the first offense, and one hundred dollars, or thirty days imprisonment, 
for each subsequent offense. That the term ' ' drug, ' ' as used in this Section, 
shall include all medicines and preparations recognized in the United States 
Pharmacopoeia or National Formulary or United States Dispensatory, for 
internal or external use, and any substance or mixture of substances in- 
tended to be used for the cure, mitigation or prevention of disease of either 
man or other animals. The term ' ' food, ' ' as used herein, shall include all 
articles used for food, drink, confectionery, or condiment by man or other 
animals, whether simple, mixed, or compound. That for the purpose of 
this Section, an article shall be deemed to be adulterated : 

When an Article Shall Be Deemed Adulterated. — In the case of 
drugs and flavoring extract : 

If, when a drug or flavoring extract sold under or by a name recognized 
in the United States Pharmacopoeia or National Formulary or United States 
Dispensatory, it differs from or does not conform to the standard of strength, 
quality, or purity, as determined by the test laid down in the United States 
Pharmacopoeia, or National Formulary or United States Dispensatory 
official at the time of investigation. 

In the Case op Confectionery. — In the case of confectionery: 
If it contains terra alba, barytes, talc, chrome yellow, or other mineral 
substance or poisonous color or flavor, or other ingredient deleterious or 
detrimental to health, or any vinous, malt, or spirituous liquors, compound, 
or narcotic drug. 

In the Case of Food. — In the case of food : 

First. If any substance has been mixed and packed with it so as to 
reduce or lower or injuriously affect its quality or strength. 

Second. If any substance has been substituted wholly or in part for 
the article. 



128 CRIMINAL LAWS 

Third. If any valuable constituent of the article has been wholly or in , 
part abstracted. 

Fourth. If it be mixed, colored, powdered, coated, or stained in a man- 
ner whereby damage or inferiority is concealed. 

Fifth. If it contain any added poisonous or other added deleterious in- 
gredient, which may render such article injurious to health: Provided, 
That when in the preparation of food products for shipment they are pre- 
served by any external application, applied in such a manner that the 
preservative is necessarily removed mechanically, or by maceration in water, 
or otherwise, and directions for the removal of said preservative shall be 
printed on the covering or the package, the provisions of this Section shall 
be construed as applying only when said products are ready for consump- 
tion. 

Sixth. If it consists in whole or in part of a filthy, decomposed or putrid 
animal or vegetable substance, or any portion of an animal unfit for food, 
whether manufactured or not, or if it is the product of a diseased animal, 
or one that has died otherwise than by slaughter. 

"Misbranded'^ Defined. — The term " misbranded, " as used herein, shall 
apply to all drugs or articles of food, or articles which enter into the com- 
position of food, the package or label of which shall bear any statement, 
design or device regarding such article, or the ingredients or substances 
contained therein, which shall be false or misleading in any particular and 
to any food or drug which is falsely branded as to the State, Territory 
or County in which it is manufactured or produced. That for the purposes 
of this Section, an article shall also be deemed to be misbranded : 

In the Case of Drugs. — In the case of drugs : 

First. If it be an imitation of or offered for sale under the name of an- 
other article. 

Second. If the contents of the package as originally put up shall have 
been removed, in whole or in part, and other contents shall have been placed 
in such package, or if the package fail to bear a statement on the label of 
the quantity or proportion of any alcohol, morphine, opium, cocaine, heroin, 
alpha, or beta encaine, chloroform, cannabis indica, chloral hydrate, acetan- 
ilide, or any derivative or preparation of any such substances contained 
therein: Provided, That the package contains more than two grains of 
opium, or more than one-quarter grain of morphine, or more than one-quar- 
ter grain of heroin, or more than ten grains of chloral hydrate in one fluid 
ounce, or, if a solid preparation, in one avoirdupois ounce : Provided, fur- 
ther. That nothing in this paragraph shall be construed to apply to the fill- 
ing of written prescriptions, furnished by regular licensed practicing phy- 
sicians, and kept on file by druggists as required by law, or as to such prep- 
arations as are specified and recognized by the United States Pharmacopoeia 
or National Formulary or United States Dispensatory, which are in accord- 
ance therewith. 

In the Case of Food. — In the case of food : 

First. If it be an imitation of or offered for sale under the distinctive 
name of another article. 



OF SOUTH CAROLINA 129 

Second. If it is labeled or branded so as to deceive or mislead tlie pur- 
chaser, or purport to be a foreign product when not so, or if the contents 
of the package as originally put up shall have been removed, in whole or in 
part, and other contents shall have been placed in package, or if it fail to 
bear a statement on the label of the quantity or proportion of any morphine, 
opium, cocaine, heroin, alpha or beta encaine, chloroform, cannabis indica, 
chloral hydrate, acetanilide, or any derivative or preparation of any such 
substances contained therein. 

Third. If in package form, and the contents are stated in terms of 
weight or measure, they are not plainly and correctly stated on the outside 
of the package. 

Fourth. If the package containing it, or its label, shall bear any state- 
ment, design or device regarding the ingredients or the substances contained' 
therein, which statement, design or device shall be false or misleading in 
any particular: Provided, That an article of food which does not contain 
any added poisonous or deleterious ingredients shall not be deemed to be 
adulterated or misbranded in the following cases : 

When Not Misbranded. — First. In the case of mixtures or compounds, 
which may be now, or from time to time hereafter, known as articles of 
food, under their own distinctive names, and not in imitation of, or offered 
for sale under, the distinctive name of another article, if the name be accom- 
panied on the same label or brand with a statement of the place where said 
article has been manufactured or produced. 

Second. In the case of articles labeled, branded or tagged so as to plainly 
indicate that they are compounds, imitations or blends, and the word ' ' com- 
pound," ''imitation" or "blend," as the case may be, is plainly stated on 
the package in which it is offered for sale : Provided, That the term blend, 
as used herein, shall be construed to mean a mixture of like substances, 
not excluding harmless coloring or flavoring ingredients used for the pur- 
pose of coloring and flavoring only : And provided, further. That nothing 
in this Section shall be construed as requiring or compelling proprietors 
or manufacturers of proprietary foods, which contain no unwholesome 
added ingredient, to disclose their trade formulas, except in so far as the 
provisions of this Section may require to secure freedom from adulteration 
or misbranding. 

No Dealer to Be Prosecuted When He Produces a Guaranty From 
Manufacturer. — No dealer shall be prosecuted under the provisions of 
this Section when he can establish a guaranty, signed by the wholesaler, 
jobber, manufacturer or other party residing in the United States, from 
whom he purchases such articles, to the effect that the same is not adul- 
terated or misbranded, within the meaning of this Section, designating it. 

Department op Agriculture to Enforce. — For the purpose of carrying 
out the provisions of this Section, the Commissioner of Agriculture, 
and all inspectors and chemists employed under the Commercial Feed 
Stuffs Act, shall take cognizance of the interests of the public health, as it 
relates to the sale of food, drugs, spirituous, fermented and malt liquors, 
and the adulteration thereof, and make all necessary inquiries and inves- 

10 C L 

./ 
/ 



130 CRIMINAL LAWS 

tigations relating thereto and shall take such action in the Courts as pro- 
vided for; that the Commissioner shall adopt such measures as he may 
deem necessary to facilitate the enforcement of this Section ; and shall pre- 
pare in cooperation with the State Board of Health, and issue, when ap- 
proved by the State Board of Health, rules and regulations with regard to 
the proper method of collecting and examining drugs and articles of food. 
The Commissioner and his assistants designated, shall also be charged with 
the enforcement of Sections (397), (399) and (401)-(408) of the Criminal 
Law Volume, Code of 1922, Volume II, and of such other regulations re- 
lating to food and drugs as the State Board of Health may issue under the 
authority of any other Act or Law. 

Crim. Code, '12, § 406; 1904, XXIV, 531; 1907, XXV, 528; 1913, XXVIII, 35; 1917, 
XXX, 51. 

(399) § 12. Selling Flesh of Animals Diseased or Injured at Time of 
Death. — Any person who shall knowingly sell, or expose for sale, the 
flesh of any animal which was diseased or seriously injured at the time of 
slaughtering, or which died a natural death, or which may be found dead 
from a cause or causes, unknown to such person, shall be guilty of a 
misdemeanor, and, on conviction, shall be fiued not less than five dollars nor 
more than one hundred dollars, or imprisoned not less than ten nor more 
than thirty days : Provided, That this Section shall not apply to the sale 
of the flesh of any animal which is accidentally killed, when the same is 
immediately prepared for market, and the seller informs the buyer of the 
time, place and nature of the death of such animal. 

Crim. Code, '12, § 407; Crim. Code, '02, § 305; R. S. 265; 1883, XIX, 385; 1905, 
XXIV, 866. 

(400) § 13. Obstruction of State Veterinarian. — It shall not be law- 
ful for any person or persons to hinder or obstruct the State Veterinarian 
appointed under the provisions of Section (2840) of the Civil Code, or his 
assistant, in the enjoyment of the rights given by Section (2844) of the 
Civil Code, in the discharge of the duties prescribed by the next succeed- 
ing Section (2845) of said Code; and any person or persons violating the 
provisions of this Section, shall be guilty of a misdemeanor, and, upon con- 
viction, shall be punished by a fine not exceeding one hundred dollars, or 
be imprisoned in the county jail not exceeding thirty days. 

Crim. Code, '12, § 295 ; Crim. Code, '02, § 371 ; 1901, XXIII, 737. 

(401) § 14. Sale of Milk, Butter and Cheese Regulated. — It shall not 
be lawful for any person or corporation or agent knowingly to sell or 
expose for sale, or deliver for domestic use, or to be converted into any prod- 
uct of human food whatsoever, any unclean, impure, unwholesome, adul- 
terated or skimmed milk, or milk from which has been held back what is 
known as strippings, or milk taken from an animal having disease, sickness, 
ulcers, or abscesses : Provided, That this Section shall not prohibit the sale 
of buttermilk or of skimmed milk when sold as such. For the purposes of 
this Section, milk which is proven b}^ any reliable test or analysis to contain 
less than three per centum of butter-fat and eight and one-half per cent 
of solids other than butter-fat, shall be regarded as skimmed milk. For the 



OF SOUTH CAROLINA 131 

purposes of this Section, every article, substance, or compound, other than 
produced wholly from pure milk, or cream from the same, made in sem- 
blance of butter or of cheese, and designed to be used as a substitute for 
butter or cheese made from pure milk or cream from the same, is hereby 
declared to be imitation butter or imitation cheese, as the case may be: 
Provided, The use of salt, rennet and harmless coloring matter for coloring 
the product of pure milk or cream shall not be construed to render such 
product an imitation. 

Crim. Code, '12, § 411 ; Crim. Code, '02, § 308 ; 1896, XXII, 215. 

(402) § 15. Coloring Matter in Substitutes for Butter or Cheese Pro- 
hibited. — No person shall coat, powder or color wdth annatto or any 
coloring matter whatever any substance designed to be used as a substitute 
for butter or for cheese, whereby such substance or product shall be caused 
to resemble butter or cheese, the product of pure milk or cream. 

Crim. Code, '12, § 412 ; Crim. Code, '02, § 309 ; 1896, XXII, 215. 

(403) § 16. Combinations of Certain Ingredients With Butter or 
Cheese Prohibited. — No person shall combine any animal fat or vegetable 
oil or other substance with butter or cheese, or combine with butter or 
cheese, or with animal fat or vegetable oil or combination of the two, or 
any other substance or substances whatever, any annatto or any other col- 
oring matter for the purpose or with the effect of imparting thereto a yellow 
color, or any shade of yellow, or that such substance shall resemble genuine 
yellow butter or cheese, nor introduce any such coloring matter or any such 
substance into any of the ingredients of which such substitute may be com- 
posed: Provided, That nothing in this or the three preceding Sections 
shall be construed to prohibit the use of salt, rennet or harmless coloring 
matter for coloring the products of pure milk or cream from the same. 

Crim. Code, '12, § 413 ; Crim. Code, '02, § 310 ; 1896, XXII, 215. 

(404) § 17. Manufacture and Sale of Imitation Butter or Cheese Pro- 
hibited— When.— No person shall by himself, or employee, or agents, 
produce or manufacture, or sell, or keep for sale, or offer for sale, any im- 
itation butter or imitation cheese made or compounded in violation of this 
or the four preceding Sections, whether such imitation shall have been made 
or produced in this State or elsewhere : Provided, That said Sections shall 
not be construed to prohibit the manufacture and sale of imitation butter 
or imitation cheese under the regulations hereinafter provided, not manu- 
factured or colored as herein prohibited. 

Crim. Code, '12, § 414 ; Crim. Code, '02, § 311 ; 1896, XXII, 215. 

(405) § 18. Substitutes to Be So Marked.— Every person who law- 
fully manufactures any substance designed to be used as a substitute for 
butter or for cheese shall mark by branding, stamping or stenciling upon 
the top side of each tub, box or other vessel in which such substitute 
shall be kept, or in which it shall be removed from the place where pro- 
duced, in a clear and durable manner, in the English language, the words, 
"substitute for butter," or ''substitute for cheese," as the case may be, 
in printed letters in plain Roman type, each of which shall be not less than 
one inch in height and one-half inch in breadth. 

Crim. Code, '12, § 415 ; Crim. Code, '02, § 312 ; 1896, XXII, 215. 



132 CRIMINAL LAAVS 

(406) § 19. Possession of Unmarked Imitations Prohibited. — No per- 
son shall have in his possession or control any substance designed to be used 
as a substitute for butter or for cheese, unless the tub, box, or other vessel 
containing the same shall be clearly and durably marked as pro^dded in 
Section (405) : Provided, That this Section shall not apply to a person 
who has such imitation butter or imitation cheese in his possession for the 
actual consumption of himself or family. 

Crim. Code, '12, § 416 ; Crim. Code, '02, § 313 ; 1896, XXII, 215. 

(407) § 20. Sale of Imitation Butter or Cheese Prohibited. — No per- 
son, by himself, or agent or employee, shall sell or offer for sale any imita- 
tion butter or imitation cheese under the pretense that the same is genuine 
butter or genuine cheese. 

Crim. Code, '12, § 417 ; Crim. Code, '02, § 314 ; 1896, XXII, 215. 

(408) § 21. Hotels and Restaurants Using Imitations to Advertise the 
Same. — No keeper or proprietor of any hotel or restaurant, or other per- 
son having charge thereof, shall knowingly use, or serve therein, either as 
food or for cooking purposes, any imitation butter or cheese, as defined in 
Section (401), unless such keeper, proprietor or other person in charge of 
such place of entertainment shall keep constantly posted in a conspicuous 
place in the room or rooms, or other place or places where such imitations 
shall be served, so that the same may be easily seen and read by any person 
in such room or place, a white card, not less than ten by fourteen inches in 
size, on which shall be printed in the English language, in plain black 
Roman letters, not smaller than one inch in height and one-half inch in 
width, the words, "imitation butter used here," or "imitation cheese used 
here," as the case may be, and the cards shall not contain any other im- 
pressions than the words above prescribed. 

Crim. Code, '12, § 418; Crim. Code. '02, § 315; 1896, XXII, 215. 

(409) § 22. Penalty — Gertificate Prima Facie Evidence. — Any per- 
son violating any provisions of Sections (401) to (408) shall be guilty of a 
misdemeanor, and may be proceeded against by any of the processes pro- 
vided for misdemeanors, and may be tried by any Court having jurisdiction 
of misdemeanors in this State, and, upon conviction, shall be punished by a 
fine not to exceed one hundred ($100.00) dollars and not less than ten 
($10.00) dollars. The sworn certificate or a certified official report of the 
chemist of the Department of Agriculture, Commerce and Industries of the 
analysis of a suspected sample shall be recognized in any and all Courts of 
this State as 'prima facie evidence of such analysis and of the composition 
and character of such sample. 

Crim. Code, '12, § 419; Crim. Code, '02, §§ 316, 317; 1896, XXII, 215; 1917, 
XXX, 50. 

(410) § 23. Supplying Minors With Tobacco or Cigarettes Forbidden 
— Punishment — Disposition of Fine. — It shall not be lawful for any per- 
son or persons, either by himself or themselves, to sell, furnish, give, or 
provide any minor or minors, under the age of eighteen years, with cigar- 
ettes, tobacco, or cigarette paper, or any substitute therefor. Any person 
or persons violating the provisions of the preceding Section, either in per- 



OF SOUTH CAROLINA 133 

son, by agent, or in any other way, shall be held and deemed guilty of a 
misdemeanor, and upon indictment and conviction therefor, shall be pun- 
ished by a fine not exceeding one hundred dollars nor less than twenty- 
five dollars, or by imprisonment for a term of not more than one year nor 
less than two months, or both, in the discretion of the Court ; one-half of 
the fine imposed to be paid to the informer of the offense, and the other 
half to be paid to the Treasurer of the county in which such conviction 
shall be had. 

Crim. Code, '12, § 420; Crim. Code, '02, § 320; R. S. 267; 1SS9, XX, 321. 

(411) § 24. Sixty Hours a Week in Cotton and Woolen Mill.— Ten 

hours a day or sixty hours a week: Provided, That the hours of a single 
day shall not exceed eleven hours, except for the purpose of making up 
lost time as hereinafter provided, shall constitute the hours for working all 
operatives and employees in cotton and woolen manufacturing establish- 
ments engaged in the manufacture of yarns, cloth, hosiery and other prod- 
ucts for merchandise, except mechanics, engineers, firemen, watchmen, 
teamsters, yard employees and clerical force, and sixty (60) hours work 
per week shall be regarded as six full days and be paid for accordingly. 
All contracts for longer hours of work other than herein provided in said 
manufacturing establishments shall be, and the same are hereby, declared 
null and void ; and any person that requires, permits or suffers any person 
to work a longer time than so stated, shall be deemed guilty of a mis- 
demeanor in each and every instance, and, on conviction in a court of, com- 
petent jurisdiction, shall be fined a sum of money not less than $25 nor 
more than $100, or imprisonment not exceeding thirty days : Provided, That 
nothing herein contained shall be construed as forbidding or preventing 
any such manufacturing company from making up lost time to the extent 
of sixty hours per annum, beginning from January 1 of each year current 
with the loss of time incurred, where such lost time has been caused by acci- 
dent or other unavoidable cause: Provided, further. That such lost time 
shall be made up within three months after the lost time was incurred: 
Provided, further, That all manufacturing establishments subject to the 
provisions of this Section shall cause to be posted in a conspicuous place in 
every room where such persons are employed, a notice printed in plain 
type, stating the number of hours' work required of them on each, day of 
the week, the exact time for commencing work in the morning, stopping at 
noon for dinner, commencing after dinner, and stopping at night ; the form 
of such notice shall be approved by the Commissioner of Agriculture, Com- 
merce and Industries : Provided, further. That should any manufacturer 
desire to make up any lost time caused by accident or unavoidable cause, to 
the extent allowed in this Section, he shall post in each room a typewritten 
notice, stating the exact time that will be made up, the exact time lost, when 
lost, and for what cause. A complete record of all lost time, and time made 
up by dates, in hours and minutes, shall be kept by the proper officer of the 
manufacturing establishment, and presented on demand of the factory in- 
spector. Failure to comply with any requirements in this Section shall be 
deemed a violation of this Section. 

Crim. Code, '12, § 421 ; Crim. Code, '02, § 321 ; R. S. 268 ; 1892, XXI, 91 ; 1907, XXV, 
487; 1909, XXVI, 188; 1916, XXIX, 937. 



134 CEIMINAL LAWS 

(412) § 25. Excessive Docking Prohibited — Penalty. — That all reg- 
ular hands working cotton and woolen mills in this State, whether work- 
ing by the day, hank, piece or cut, upon absence from their said work, for 
any cause shall not be docked, nor have deducted from their regular wages, 
more than the said machine operated by them would have produced in the 
time of the absence of the said regular hand from his work, and all spare 
or extra hands that are employed to keep up or run the machine or machines 
operated by the regular hands, shall be paid full amount deducted from the 
regular hand's wages. Any person or corporation violating any of the pro- 
visions of this Section shall be fined not less than fifty ($50.00) dollars, and 
not more than one hundred ($100.00) dollars for each offense or be im- 
prisoned for not less than ten (10) nor more than thirty days. 

1916, XXIX, 937. 

(413) § 26. No Child Under Fourteen Years Permitted to Work in 
Factories. — No child under the age of fourteen years shall be employed 
in any factory, mine, or textile establishment of this State. 

Crim. Code, '12, § 422; 190.3, XXIY, 11.3; 1911, XXVII. 29; 1916, XXIX, 6.30. 

(414) § 27. Hours of Labor for Children Limited. — No child under the 
age of sixteen years shall be permitted to work between the hours of eight 
'clock p. m. and six 'clock in the morning in any factory, mine or textile 
manufactory of this State: Provided, That children under the age of six- 
teen, whose employment is permissible under the provisions of this Chapter, 
may be permitted to work after the hours of eight p. m. in order to make 
up lost time which has occurred from some temporary shut down of the 
mill, on account of accident or breaking clown in the machinery, which has 
caused loss of time : Provided, however. That under no circumstances shall 
a child below the age of sixteen work later than the hour of nine p. m. 

Crim. Code, '12, § 423'; 1911, XXYII, 29. 

(415) § 28. Misdemeanor for Violation of Provisions.— Any owner, 
superintendent, manager or overseer of any factory, mine or textile man- 
ufacturing establishment, or any other person thereof or connected there- 
with, who shall knowingly employ any child contrary to the provisions of 
this Chapter, shall be guilty of a misdemeanor, and for every such offense 
shall, upon conviction thereof, be fined not less than ten dollars nor more 
than fifty dollars, or be imprisoned not longer than thirty days, at the dis- 
cretion of the Court. 

Crim. Code, '12, § 424 ; 1911, XXVII, .30. 

(416) § 29. Misdemeanor to Misrepresent Age of Child. — Any parent, 
guardian or other person having under his or her control any child, who 
consents, suffers or permits the employment of his or her child or ward un- 
der the ages above provided, or who knowingly or wilfully misrepresents 
the age of such child or ward to any of the persons named in Section 28 of 
this Chapter, in order to obtain employment for such child or ward, shall 
be deemed guilty of a misdemeanor, and for every offense shall, upon con- 
viction thereof, be fined not less than ten dollars nor more than fifty dollars, 
or be imprisoned not longer than thirty days, in the discretion of the Court. 

Crim. Code, '12, § 42.5; 1911, XXVII, .30. 



OF SOUTH CAROLINA 135 

(417) § 30. Sworn Statements as to Children Under Sixteen Years 
Laboring in Certain Industries Required. — In the employment of any 
child under the age of sixteen years in any factory, mine or textile manu- 
facturing establishment, the owner or superintendent of such factory, mine 
or textile manufacturing establishment shall require of the parent, guardian 
or person standing in loco parentis of such child, a sworn statement, made 
in duplicate, in which shall be recorded the name, birthplace, age and 
place of residence of every such child under sixteen years of age, the orig- 
inal of which statement shall be produced for inspection on the demand of 
the Commissioner of Agriculture, Commerce and Industries, or his agents 
or inspectors, and the duplicate of which shall be forwarded to the Com- 
missioner at his office at Columbia; the Commissioner shall thereupon issue 
permit for employment. The Commissioner shall prescribe and furnish 
forms under registered number for these statements and duplicates, and 
shall prescribe regulations for the keeping of proper records of the chil- 
dren employed in the State under the laws of the State; and any person 
knowingly furnishing a false statement of the age of such child or children 
shall be guilty of a misdemeanor, and for every such offense shall, upon 
conviction, be fined not less than ten ($10.00) dollars nor more than fifty 
($50.00) dollars, or be imprisoned not longer than thirty days, in the dis- 
cretion of the Court. The Commissioner shall likewise prescribe proper 
forms and regulations for the employment of children provided for in any 
other Act, making such forms and regulations compatible with those pro- 
vided for in this Section. 

Crim. Code, '12, § 426; 1911, XXVII, 30; 1017, XXX, 170. 

(418) § 31. Employment of Children in the Delivery of Goods and 
Messages, and in Theaters and Other Places of Amusement, Regulated — 
Misdemeanors. — 1. In cities of five thousand inhabitants and over no child 
under fourteen years of age shall be employed, permitted or suffered to 
work as a messenger for any telegraph, telephone or messenger company in 
the distribution or delivery of goods or messages, nor shall any minor child 
or person under eighteen years of age be so employed, permitted or suf- 
fered to work before five o'clock in the morning or after ten o'clock in the 
evening any day. 

2. It shall be the duty of the Commissioner of Agriculture, Commerce and 
Industries to see that the provisions of this Section are complied with. He, 
his agents or inspectors, shall have the right at any and all times to enter 
all buildings and parts thereof which are subject to the provisions of this 
Act and make investigations as to the employment of children. He, his 
agents or inspectors; are also authorized to institute prosecutions for viola- 
tions of the provisions of this Section. 

3. Every person, firm or corporation who shall wilfully impede the' Com- 
missioner, his agents or inspectors in the free and full performance of his 
duties shall be guilty of a misdemeanor, and, upon conviction of the same, 
shall be fined not less than ten nor more than fifty dollars, or be imprisoned 
not less than ten nor more than thirty days, in the discretion of the Court. 

4. The Commissioner shall have power to send for persons or papers 
whenever in his opinion it is necessary, and he may examine witnesses 



136 CRIMINAL LAWS 

under oath, Toeing duly qualified to administer the same in the perform- 
ance of his duty, and the testimony so taken must be filed and preserved in 
the office of the Commissioner. 

5. Any owner, superintendent, manager or overseer of any telegraph, 
telephone or messenger company, or office, of any theater, concert hall or 
place of amusement or any other person thereof or connected therewith, 
who shall knowingly employ any child or person contrary to the provisions 
of this Section shall be guilty of a misdemeanor, and for every offense 
shall, upon conviction thereof, be fined not less than ten nor more than 
fifty dollars, or be imprisoned not longer than thirty days, in the dis- 
cretion of the Court. 

6, Any parent, guardian or other person having under his or her control 
any child who covenants, suffers or permits the employment of his or her 
child or ward under the age above provided, or who knowingly or wilfully 
misrepresents the age of such child or ward to any of the persons named in 
Subsection 2 of this Section, in order to obtain employment for such child 
or ward, shall be deemed guilty of a misdemeanor, and for every such 
offense shall, upon conviction thereof, be fined not less than ten dollars nor 
more than fifty dollars, or be imprisoned not longer than thirty days, in the 
discretion of the Court. 

1912, XXVII, 705. 

(419) § 32. Children Forbidden to Do Certain Work.— It shall be the 
duty of each corporation or other employer to place in one or more con- 
spicuous places in each room of the factory in which any children under 
fourteen years of age are employed, a notice or notices to the eft'ect that 
said children are forbidden to clean any gears, cams or pulleys, or to 
clean in dangerous proximity thereto, while the same are in motion by aid 
of ' steam, water electricity or other mechanical power; and no such em- 
ployer, or its officers, superintendents, overseers or agents shall knowingly 
or wilfully permit or consent to such children so cleaning the said moving 
parts; and any officer, superintendent, overseer or agent violating the 
provisions of this Section shall be punished by a fine of not less than fifty 
nor more than one hundred dollars for each offense. 

Crim. Code, '12, § 427 ; 1909, XXVI, IS. 

This Section makes such work unlawful. Newsom r. F. W. Pee Mfg. Co., 102 S. C. 77, 
86 S. E. 195. 

(420) § 33. Factories to Be Provided With Siiitable Water-Closets.— 

Whoever violates the provisions of Section (947) of the Civil Code, in ref- 
erence to water-closets in factories, shall be punished by a fine of not less 
than ten ($10) dollars nor more than thirty ($30) dollars. 
Crim. Code, '12, § 428 ; 1909, XXVI, 17. 

(421) § 34. Women in Mercantile Establishments to Be Provided 
With Seats.— It shall be the duty of all employers of females in any mer- 
cantile establishment, or any place where goods or wares or merchandise 
are offered for sale, to provide and maintain chairs or stools, or other suit- 
able seats, for the use of such female employees, to the number of one seat 
for every three females employed, and to permit the use of such seats by 



OF SOUTH CAROLINA 137 

such employees, at reasonable times, to such an extent as may be requisite 
for the preservation of their health. And such employees shall be per- 
mitted to use same, as above set forth, in front of the counter, table, desk, or 
any fixture when the female employee for the use of whom said seat shall 
be kept and maintained is principally engaged in front of said counter, 
table, desk or fixture ; and behind such counter, table desk, or fixture, when 
the female employee, for the use of whom said seat shall be kept and main- 
tained, is principally engaged behind said counter, table, desk, or fixture. 
Any person who violates or omits to comply with any of the foregoing pro- 
visions of this Section, or who suffers or permits any woman to stand, in 
violation of its provisions, shall be guilty of a misdemeanor, and, on con- 
viction, shall be punished by a fine of not less than twenty dollars nor 
more than one hundred dollars for each offense. The Commissioner of 
Agriculture, Commerce and Industries and the State Factory Inspectors 
are hereby charged with the enforcement of the provisions of this law, 
and said Commissioner is hereby empowered, from time to time whenever 
he may deem it necessary, to employ female inspectors for the purpose of 
collecting evidence. The sum of $300.00, if so much be necessary, shall 
annually be appropriated for the purpose of compensating such female 
inspectors. 

Crim. Code, '12, § 420 ; Crim. Code, '02, § 333 ; 1S99, XXIII, 100 ; 1911, XXVII, 151. 

(422) § 35. Hours of Labor of Women in Mercantile Establishments. 

The hours of labor of women in mercantile establishments in this State 

shall be limited to sixty hours per week, not to exceed twelve hours in any 
one day, and such females shall not be allowed' to work later than the 
hour of ten o'clock p. m. The enforcement of this law is placed in the 
hands of the Commissioner, or Inspectors, or daly authorized agents of the 
Commissioner. Any employer or employers of female labor in mercan- 
tile establishments who shall violate the provisions of this Section shall 
be deemed guilty of a misdemeanor, and shall be punished by a fine of not 
less than $10.00 nor more than $40.00, or imprisonment of not less than ten 
days nor exceeding thirty days. 

Crim. Code, '12, § 430; 1911, XXVII, 142; 1914, XXVIII, 4S0. 

(423) § 36. Hours of Labor of Employees of Street Railways.— No 

incorporated horse railway company, electric railway company, or other 
street railway company, and no officer, agent or servant of such corpora- 
tion, and no person or persons or firm or joint stock company owning 
or operating any line or lines of horse railways, electric railways or other 
street railways within the limits of this State, and no agent or servant of 
such firm, joint stock company, person or persons, shall require, permit or 
suffer its, his or their conductors, motormen, or drivers, or other such 
employees, or any of them, in its, his, or their service, or under its, his, or 
their control, to work more than twelve hours during each day or any day 
of twenty-four hours, and shall make no contract or agreement with such 
employees, or any of them, providing that they or he shall work for more 
than twelve hours during each day of any day of twenty-four hours. If any 
corporation, or any officer, agent or servant of such corporation, or any 
person or persons, or any firm or joint stock company, managing or con- 



138 CRIMINAL LAWS 

ducting any horse railway, electric railway or other street railway in this 
State, or any agent or servant of such person or persons, firm or joint 
stock company, shall do any act in violation of the provisions of this Sec- 
tion, it, he or they shall be deemed to have been guilty of a misdemeanor, 
and shall, on conviction thereof in a Court of competent jurisdiction, be 
fined one hundred dollars for each offense so committed: Provided, how- 
ever, That in cases of accident or unavoidable delay extra labor may be 
permitted for extra compensation: Provided, The employees of the said 
corporations of the City of Columbia, if they so desire, may work more 
than twelve hours daily, conditioned that they receive extra compensa- 
tion for all work done over eleven hours. 

Crim. Code, '12, § 431 ; Crim. Code, '02, § 322 ; 1897, XXII, 469. 

(424) § 37. Hours of Labor of Employees of Interurban Railroads 
or Railways. — 1. It shall be unlawful for any interurban railroad or inter- 
urban railway in this State to require any employee to labor for more than 
ten hours in each twenty-four hours of the day : Provided, That the provi- 
sions of this Section shall not apply in case of accidents or unavoidable 
delays. That the provisions of this Section shall not apply to any inter- 
urban railroads, operating over forty miles in length. 

2. Interurban Railways Defined. — For the purposes of this Section 
the phrases "interurban railroad" and "interurban railway" shall be con- 
strued to include all railroads and railways operated by electricity whose 
main business consists in the transportation of passengers or freight from 
one municipality to another. 

3. Penalty. — Any firm, person or corporation violating the provisions 
of this Section shall be guilty of a misdemeanor, and for each offense, upon 
conviction, shall be fined not more than one hundred dollars or impris- 
oned for not more than thirty days. 

1916, XXIX, 934. 

(425) § 38. Misdemeanor to Violate Quarantine Regulations. — All 

masters of vessels, or other persons, violating the provisions of the quar- 
antine laws of this State, or disobeying any of the published regulations of 
the health authorities of any port, and all persons whosoever, who shall, 
without permission of said authorities, invade the quarantine grounds or 
station of such port, or who shall hold any communication, or attempt to 
hold any communication, with any vessel, or any officer, or any passenger, 
or member of the crew of any vessel lying at the quarantine, or under con- 
trol of the said authorities, shall be guilty of a misdemeanor, and, upon 
conviction, shall be punished by a fine not exceeding two thousand dollars, 
or by imprisonment not exceeding twelve months, or both, in the discre- 
tion of the Court. 

Crim. Code, '12 § 432 ; Crim. Code, '02, § 323 ; G. S. 969 ; R. S. 269 ; ISSl, XVII. 597. 

(426) § 39. Masters of Vessels Neglecting or Refusing to Obey 
Certain Regulations — Penalty. — Every master of a vessel subject to 
quarantine or visitation of the Health Officer, arrived in any of the ports 
of this State, who shall refuse or neglect to proceed with and anchor his 
vessel at the place assigned for quarantine ; or to submit his vessel, cargo 



OF SOUTH CAROLINA 139 

and passengers to the examination of the Health Officer, and to furnish all 
necessary information to enable that officer to determine to what length of 
quarantine and other regulations they ought, respectively to be 
subject; or to remain with his vessel at quarantine during the period 
assigned for the quarantine, and while at quarantine to comply with thb 
directions and regulations prescribed by law, shall be guilty of a misde- 
meanor, and be punished by fine not exceeding two thousand dollars, or by 
imprisonment not exceeding twelve months, or by both such fine and im- 
prisonment. 
Ci-im. Code, '12, § 433 ; Crim. Code, '02, § 324 ; G. S. 974 ; R. S. 270 ; 1868, XIV, 116. 

(427) § 40. Masters of Vessels Griving False Information to Pilots, 
Etc. — If a master of any vessel hailed by a pilot shall give false informa- 
tion to such pilot relative to the condition of his vessel, crew, or passen- 
gers, or of the health of the places from whence he came, or refuse to give 
such information as shall be lawfully required; or land any person from 
his vessel, or permit any person except a pilot to come on board of his vessel ; 
or unload or tranship any portion of his cargo before his vessel shall have 
been visited and examined by the Health Officer; or shall approach with his 
vessel nearer to the wharves of any port in this State than to the place of 
quarantine to which they may be directed, shall be guilty of a like offense, 
and subject to the like punishment, as in the preceding Section. 

Crim. Code, '12, § 484 : Crim. Code, '02, § 325 ; G. S. 975 ; R. S. 271 ; 1868, XIV, 117. 

(428) § 41. Penalty for Landing Vessel or Unloading, Etc. — Any 

person who shall land from any vessel, or unload or tranship any portion 
of her cargo, under the circumstances of the preceding Section, shall be 
guilty of a like offense and subject to a like punishment. 

Crim. Code, '12, § 435 ; Crim. Code, '02, § 326 ; G. S. 975 ; R. S. 272 ; 1868, XIV, 117. 

(429) § 42. Penalty for Violating Quarantine Laws or Disobeying 
Health Officers. — Any person who shall violate the provisions of the 
quarantine laws of this State, or neglect or refuse to comply with the 
directions or regulations which any of the Health Officers may prescribe, 
shall be guilty of the like offense, and be subject for each offense to the 
like punishment. 

Crim. Code, '12, § 436 ; Crim. Code, '02, § 327 ; G. S. 976 ; R. S. 273 ; 1868, XIV, 117. 

(430) § 43. Penalty for Pilot or Other Person for Violating the Law. 

— Every pilot or other person who shall bring, or attempt to bring, or cause 
to be brought, into any port of this State any vessel, or the whole or any 
part of the crew, passengers or cargo, beyond the places appointed for her 
examination, without such vessel being examined according to law, shall 
forfeit and pay, the one-half to the use of the State and the other half to 
use of such person as shall sue for the same, the sum of five hundred dol- 
lars; and the pilot shall, moreover, be deprived of his branch as a pilot: 
Provided, That nothing herein contained shall apply to persons who may 
be shipwrecked. 

Crim. Code, '12, § 437 ; Crim. Code, '02, § 328 ; G. S. 979 ; R. S. 274 ; 1784, IV, 615 ; 
1809, V, 598 ; 1832, VI, 473. 



140 CRIMINAL LAWS 

(431) § 44. Fines and ForfeiUires — How Recovered. — All fines and 
forfeitures and penalties provided by the laws of the State for the viola- 
tion of the quarantine laws, or disobedience of the orders of the Governor 
establishing quarantine regulations, shall be recovered by indictment in 
a Court of General Sessions ; and all persons offending against the same, 
upon conviction, shall be liable to imprisonment not exceeding twelve 
months, in addition to such fines, forfeitures and penalties. 

Grim. Code, '12, § 438; Grim. Gode, '02, § 329; G. S. 983; R. S. 275; 1832, VI, 473. 

(432) § 45. Misdemeanor to Maintain Dry Wells in Towns of More 
Than Five Hundred Inhabitants. — It shall be a misdemeanor for any 
person to keep or maintain or use a dry well or other wells or privy vaults 
into which sewerage matter is discharged or received in any city, town or 
village having a population of not less than 500, whether incorporated or 
unincorporated, where such city, town, or village has no public general 
supply of water for personal and domestic uses. Any person who now has 
or maintains any such well for the discharge or reception of sewerage mat- 
ter shall, upon fifteen days notice from any Magistrate that complaint 
thereof has been made, close up such well and discontinue its use entirely. 
Any person found guilty of violating this Section shall be fined not ex- 
ceeding one hundred dollars, or imprisonment not exceeding thirty days : 
Provided, That the County of Dorchester shall be exempted from the opera- 
tions of this Section: Provided, further, That the Town Council of any 
incorporated town in Dorchester County shall have the power and authority 
under their corporate seal to ordain and establish all such rules and by-laws 
and ordinances respecting the use of wells for sewerage purposes in said 
town as they may deem expedient and proper. 

Grim. Gode, '12, § 442 ; 190S, XXV, 1117 ; 1910, XXVI, 630. 

(433) § 46. Infants With Diseased Eyes to Be Reported.— Should 

one or both eyes of an infant become reddened or inflamed at any time 
after birth, it shall be the duty of the midwife or nurse or person having 
charge of said infant to report the condition of the eyes at once to the local 
Board of Health of the city or town in which the parents of the infant 
reside. Any failure to comply with the provisions of this Section shall be 
punishable by a fine not to exceed twenty-five dollars, or imprisonment not 
to exceed one month, or both. This Section shall not apply to towns or 
cities of less than one thousand inhabitants. 

Grim. Gode, '12, § 443 ; Grim. Gode, '02, § 331 ; 1896, XXII, 225. 

(434) § 47. Swine Dying From Natural Causes to Be Buried — 
Punishment for Violations, — Whenever any swine shall die from any 
natural cause whatever, the owner or owners of such dead swine, upon notice 
thereof, shall immediately burn or bury, or cause to be burned or buried, 
such dead swine, and when buried it shall be put not less than three feet 
under the ground. The owner or owners of any dead swine, who shall 
violate the provisions of this Section, shall be guilty of a misdemeanor, and, 
upon conviction thereof, shall be fined in a sum of not more than ten dol- 
lars nor less than five dollars, or be imprisoned for a period of not more 
than thirty days. 

Grim. Gode, '12 § 444; Grim. Gode, '02, § 332; 1900, XXII, 447. 



OF SOUTH CAROLINA . 141 

(435) § 48. Obstruction of, or Injury to, Drains in -Charleston 
County. — Any and all persons who shall injure, obstruct or otherwise 
interfere with any of the drainage canals, drains, ditches, trunks, culverts 
or other works for drainage purposes, opened or maintained by the Sanitary 
and Drainage Commission of Charleston County, shall be deemed guilty 
of a misdemeanor, and, upon conviction thereof, shail be punished by a fine 
of not more than one hundred dollars, or be sentenced to work at hard labor 
on the chaingang of said county for not more than thirty days. 

Crim. Code, '12, § 445; Crim. Code, '02, § 334; 1901, XXIII, S09 ; 1907, XXV, 527. 

(436) § 49. Misdemeanor for Physicians or Surgeons, Under Influence 
of Whiskey or Drugs, to Attend Patient — Penalty. — Any practicing phy- 
sician or surgeon who has heretofore been, or shall hereafter be, licensed 
by the State Board of Medical Examiners to practice as a physician or 
surgeon, who shall attend any patient while the said physician or surgeon is 
under the influence of whiskey or drugs, shall be deemed guilty of a mis- 
demeanor, and, upon conviction, shall suffer a fine of not more than $200, 
or be imprisoned for a period of not more than sixty days, and in addition 
thereto, upon conviction, the license granted to such physician or surgeon 
shall be revoked and deemed null and void, and such physician or surgeon 
shall be disqualified from ever practicing medicine or surgery in this State 
until such physician or surgeon shall thereafter satisfy the State Board of 
Medical Examiners that he is qualified to resume the practice of medicine 
or surgery : Provided, That the provisions of this Section shall be con- 
strued as being in addition to the remedies now of force relating to physi- 
cians and surgeons who may be addicted to liquor or drug habits. 

191S, XXX, 694. 

(437) § 50. Burying or Burning of All Dead Animals and Poultry 
Required — Penalty. — Whenever any animal or poultry shall die from 
any natural or other cause, except from being slaughtered or killed for the 
use of man, or the dead body thereof be found upon the premises of any 
person, be he the owner or tenant thereof, the owner or owners of such 
dead animals and poultry, or the owner or owners or tenants on lands 
or premises upon which such dead bodies may be found, shall immediately 
burn or bury, or cause to be burned or buried, such dead animals and 
poultry, and when buried if an animal it shall be put not less than three 
feet, and when poultry not less than one foot, under the ground. The 
owner or owners of such dead animals or poultry who knowing that such 
dead animal or poultry is lying dead upon his own premises, or a tenant on 
premises having such knowledge or having notice thereof, refuses or fails 
to bury or burn such dead animals or poultry as aforesaid, shall be guilty 
of a misdemeanor, and, upon conviction thereof, shall be fined in a sum 
not less than five dollars nor more than ten dollars, or be imprisoned for 
a period of not more than thirty days. 

1912, XXVII, 704. 

(438) § 51. Venereal Diseases Contagious. — Syphilis, gonorrhea and 
chancroid, hereinafter designated as venereal diseases, are hereby declared 
to be contagious, infectious, communicable and dangerous to the public 



142 CRIMINAIj laws 

health. It shall be unlawful for anyone infected with these diseases, or 
any of them, to expose another to infection. 
1919, XXXI, 30. 

(439) § 52. Cases to Be Reported — Proviso. — Any physician or other 
person who makes a diagnosis in or treats a case of venereal disease, and 
any superintendent or manager of a hospital, dispensary or charitable or 
penal institution in which there is a case of venereal disease, shall make a 
report of such case to the health authorities according to such form and 
manner as the State Board of Health shall direct : Provided, That nothing 
herein contained shall be so construed as to require or allow any physician 
or other person herein required to make such report to divulge the name 
or names of any person or persons, male or female, who may be afflicted 
with such diseases. 

1919, XXXI, 30. 

(440) § 53. Examination — Treatment — Isolation. — State, county and 
municipal health officers, or their respective jurisdictions, are hereby 
directed and empowered, when in their judgment it is necessary to protect 
the iDublic health, to make examination of persons being or suspected of 
being infected with venereal disease, to require persons infected with 
venereal diseases to report for treatment until cured or to submit to treat- 
ment provided at public expense, and to isolate persons infected or rea- 
sonably suspected of being infected with venereal diseases. 

1919, XXXI, 30. 

(441) § 54. Examination of Prisoners. — All persons who shall be con- 
fined or imprisoned in any State, county or city prison of this State may be 
examined and treated for venereal disease by the health authorities or their 
deputies. The State, county and municipal boards of health shall have 
authority to take over such portion of any State, county or city prison 
as may be necessary for a board of health hospital, wherein all persons 
who shall have been confined or imprisoned and who are suffering with 
venereal disease at the time of the expiration of their terms of imprisonment 
shall be isolated and treated at public expense until cured, or in lieu of 
such isolation such person may, in the discretion of the board of health, 
be required to report for treatment to a licensed physician or submit to 
treatment provided at public expense as provided in the preceding Sec- 
tion. 

1919, XXXI, 30. 

(442) § 55. State Board of Health to Make Rules.— The State Board 
of Health is hereby empowered and directed to make such rules and regu- 
lations as shall in its judgment be necessary for the carrjdng out of the 
purposes of Sections (438) to (443), including rules and regulations pro- 
viding for such labor on the part of isolated persons as may be necessary to 
provide in whole or in part for their subsistence, and to safeguard their 
general health, and such rules and regulations concerning venereal diseases 
as it may from time to time deem advisable All such rules and regulations 
so made shall be of force and binding upon all county and municipal 
health officers and other persons affected by said Sections. 

1919, XXXI, 30. 



OF SOUTH CAROLINA - 143 

(443) § 56. Violation of Act or Regulations a Misdemeanor — Penalty. 

— Any person who shall violate any of the provisions of Sections (438) to 
(442) or any lawful rule or regulation made by the State Board of Health 
pursuant to the authority therein granted, or pursuant to the authority 
granted by any other statute law, or shall fail or refuse to obey any lawful 
order issued by any State, county or municipal health officer, pursuant to 
the authority granted in this Section, or any other law or the regulations 
prescribed thereunder, shall be guilty of a misdemeanor, and, upon con- 
viction thereof, shall suffer such penaltj^ as shall be imposed by the trial 
Judge. 

1919, XXXI, 30. 

(444) § 57. Separate Accommodations for Prisoners With Tubercu- 
losis. — 1. The County Supervisors and County Commissioners of the respec- 
tive counties of South Carolina shall provide in the jails or. places of con- 
finement where prisoners are committed for keeping or sentenced to a 
term of imprisonment, separate cells or rooms or places in which shall be 
confined all prisoners who may be committed for keeping or sentenced to a 
term of imprisonment who are affected with tuberculosis. 

2. Examination of Prisoners by Physician. — It shall be the duty of 
the County Supervisor or Sheriff of any county, when a prisoner or inmate 
is placed in his custody, who the said official has reason to suspect is suf- 
fering with tuberculosis, to have such prisoner or inmate examined by a 
physician, and if such prisoner or inmate shall be pronounced by the ex- 
amining physician as a tuberculosis person, then the prisoner or inmate 
shall be placed in a cell or place provided for by this Section. 

3. Superintendents and Boards of Directors to Provide Separate 
Places of Confinement. — It shall be the duty of Superintendents and 
Boards of Directors of all State, penal and charitable institutions, to pro- 
vide separate places of confinement for all prisoners and inmates who have 
been pronounced by the physician in charge as a tuberculosis person. 

4. Cells of Tuberculosis Prisoners Not to Be Used for Other Pris- 
oners — Fumigation. — All cells and places of confinement provided for in 
this Section for tuberculosis prisoners and inmates, shall under no condi- 
tions be used for the imprisonment or keeping of persons who are well and 
not affected with tuberculosis, unless the said cells and places of confine- 
ment have been thoroughly fumigated and disinfected. 

5. Examination of Prisoners Within Five Days. — It shall be the duty 
of the jailer, keeper or warden of all places of confinement designated in 
this Section, to have all prisoners and inmates who are suspected to be suf- 
fering with tuberculosis, examined within five days after they have been 
committed. 

6. Association of Prisoners on Public Works Not Prohibited. — Noth- 
ing in this Section shall be construed as to interfere with or prevent the 
county authorities from working or housing together all prisoners on public 
works as now provided by law. 



144 CRIMINAL CODE 

7. PuxiSHMEXT For Yiolatiox.— Any person or persons yiolating the 
provisions of this Section shall be guilty of a misdemeanor, and shall, upon 
conviction thereof, be fined or imprisoned in the discretion of the Court. 
• 1915, XXIX, 196. 

(445) § 58. Employing- Teacher Without Health Certificate a Mis- 
demeanor- — Penalty. — Any person failing to comply with the provisions 
of Sections (2352) to (2355), Civil Code, or in any manner violating 
same, shall be guilty of a misdemeanor, and shall be subject to a fine 
of not more than fifty ($50.00) dollars or not more than thirty (30) 
days imprisonment. 

1920, XXXI, 941. 

(446) § 59. Violation of Hotel Regulations a Misdemeanor — Penalty 
— Each Day a Separate Offense. — Any owner or manager, agent or per- 
son in charge of a hotel or restaurant or any other person who shall 
wilfully obstruct, hinder or interfere with any inspector in the proper 
discharge of his duty or who shall wilfully fail or neglect to comply with 
any of the provisions of Sections (2366) to (2391), Civil Code, after 
notice from the inspector or any other person in authority, shall be 
guilty of a misdemeanor, and, upon conviction thereof, be fined not 
less than twenty-five dollars nor more than one hundred dollars for each 
offense, and each day of failure to comply with the provisions of said 
Sections shall be a separate and distinct offense. 

1920, XXXI, 860. 

(447) § 60. Penalty for Violation of Vital Statistics Laws. — Any 
person, firm or corporation who shall violate any rule, regulation or 
order of the State Board of Health relative to recording, reporting or 
filing information of the Bureau of Vital Statistics, or who shall wilfully 
neglect or refuse to perform any necessary or reasonable duties imposed 
upon them by said orders, or who shall furnish false information for 
the purpose of making incorrect records for said Bureau, shall be deemed 
guilty of a misdemeanor, and, upon conviction thereof, shall be fined not 
less than five dollars nor more than one hundred dollars, or be impris- 
oned in the county jail not exceeding thirty days, or suffer both fine and 
punishment, in the discretion of the Court. 

Ex 1914, XXIX, 24. 

(448) § 61. Distribution of Dead Bodies for Scientific Purposes. — 

If any person shall fail or refuse to perform any duty imposed upon him 
by Sections (1052) to (1057) of the Civil Code, in reference to the distri- 
bution of dead bodies, he shall, for every such failure or refusal, be fined 
not less than one hundred nor more than five hundred dollars. 
Crim. Code, '12, § 403; 1909, XXI, 166. 

(449) § 62. Local Boards of Health — Quarantine. — Any person vio- 
lating the provisions of Section (2316), Civil Code, shall upon convic- 
tion, be deemed guilty of a misdemeanor, and shall be fined not exceeding 
one hundred dollars, or imprisonment not exceeding thirty days; and 
each member of the Council of any village ; town or city neglecting or re- 



OF SOUTH CAEOLINA 145 

fusing to establish, and maintain a local Board of Health shall be deemed to 
violate this Section and, upon conviction, shall be subject to the foregoing 
penalties. 

Crim. Code, '12, § 439 ; 1905, XXIV, 903. 

(450) § 63. Neglect of Duty by Officers of Board of Health.— Any 
physician or secretary of a local Board of Health, failing to comply with 
the provisions of Section (2317), Civil Code, shall be deemed guilty of a 
misdemeanor, and, upon conviction, shall be fined in a sum not less than 
five dollars nor more than twenty-five dollars, or be imprisoned in the 
county jail for a period not exceeding thirty days. 

Crim. Code, '12, § 440; 1900, XXIII, 444; 1910, XXVI, 728. 

(451) § 64. Violation of Compulsory Vaccination Law a Misde- 
meanor. — Any officer or person who shall fail, neglect or refuse to com- 
ply with any provisions of Sections (2316) to (2325), Civil Code, inclusive, 
applicable to such officer or person, shall be guilty of a misdemeanor, on 
conviction thereof in a Court of competent jurisdiction, shall be fined in 
the sum of one hundred dollars, or be imprisoned for thirty days. 

Crim. Code, '12, § 441 ; 1905, XXIV, S71. 

(452) § 65. Penalty for Parent Refusing to Allow Examination of 

Child. — ^Any parent of child refusing to allow the medical and dental in- 
spection, as provided for in Section (2630), Civil Code, shall be subject 
to a fine of five dollars or ten days in jail for each offense. 
Civ. '12, § 1761; Civ. '02, § 1218; 1896, XXII, 165; 1920, XXXI, 1046. 

(453) § 66. Failure to Work on Drains in Beaufort County a Mis- 
demeanor — Penalty. — Any person summoned as provided in Section 
(3207), Civil Code, who shall fail or refuse to appear at the time and 
place named in the summons, or shall fail or refuse to faithfully work 
as required by the said Drainage Commission, or by the person or persons 
placed in charge of the work by the said Drainage Commission, shall be 
deemed guilty of a misdemeanor, and, if found guilty, shall be fined not 
more than one hundred dollars or imprisonment for not more than thirty 
days. 

1920, XXXI. 956. 



CHAPTER Vin. 

Offenses Against the Currency. 

(454) § 1. Counterfeiting. — Whoever shall be convicted of counter- 
feiting, or uttering, or attempting to pass, knowing it to be a counter- 
feit, any of the following gold or silver coin, to wit : A Spanish milled 
dollar, Johannes half ditto, quarter ditto, eighth ditto, Moidore, half ditto, 
quarter ditto, eighth ditto, French Crown of four to the Louis d'or, Eng- 
lish Crown, Pistareen, Spanish Doubloon, Double Pistole, Pistole, half ditto, 
English Guinea, half ditto, quarter ditto, French Guinea, German Piece, 
half ditto. Ducat; or of making or keeping in possession any stamp or 

11 C L 



146 • CRIMINAL CODE 

mould for coining-, shall suffer the punishment imposed for the offence 
of forgery. 

Crim. Code, '12, § 529 ; Grim. Code, '02, § 374 ; G. S. 2528 ; R. S. 296. 

Staking counterfeit coin at gaming table is an attempt to utter and pass it. State v. 
Beeler, 1 Brev. 482. 

Indictment — 

Must charge attempt to defraud some particular person. State r. Odell, 3 Brev. 552. 

Though it may state ingredients of which coin is made, it need not be proved in this 
particular. State v. Beeler, 1 Brev. 482. 

Evidence — ■ 

To show defendant had counterfeited other dollars than silver dollars, as alleged in indict- 
ment, was held inadmissible. State v. Odell, 3 Brev. 552. But this case was overruled in 
State V. Allen. 56 S. C. 495, 35 S. E. 204. See, also, State v. Antonio, 3 Brev. 562; State v. 
Huston, 1 Bail. 300; State v. Williams, 2 Rich. 418; State v. Hooper, 2 Bailey 37; State v. 
Tutt, 2 Bailey 44. 

Possession of coining: instruments may be given in evidence to prove defendant's scienter. 
State V, Antonio, 3 Brev. 562. 

(455) § 2. Issuing Paper Resembling Bank Notes. — It shall be unlaw- 
ful for any person to issue, utter, or publish any printed or engraved paper 
bearing a resemblance to a bank note; and any person who shall violate 
the provisions of this Section shall, upon indictment and conviction thereof, 
be fined or imprisoned, at the discretion of the Court. 

Crim. Code, '12, § 530; Crim. Code, '02, § 375; G. S. 2529; R. S. 297; 1856, XII, 538. 

The Section embraces uttering and publishing counterfeits of notes of United States Bank. 
State r. Tutt. 2 Bail. 44. Or of its branches. State v. Pitman, 1 Brev. 32. Or of Bank 
of the State. State v. Billis, 2 McC. 12. 

Indictment — 

Should describe the offense in the words of the Section. State v. Petty, Harp. 59. 

In chargins"- the uttering of a forged bill of exchange, payable to A B, it need not allege 
the endorseme'nt of A B. State v. Tutt, 2 Bail. 44. 

Evidence — 

Witness acquainted with handwriting of president of bank permitted to prove falsity of 
signature. State i-. Stalmaker, 2 Brev. 1. 

Testimony to show that prisoner had in his possession other notes supposed to be forged, 
admissible "to show his knowledge of the counterfeit. State v. Petty, Harp. 59. 

Or to show that another note passed bv him was forged. State v. Huston, 1 Bail. 300; 
State V. Hooper, 2 Bail. 37: State v. Williams, 2 Rich. 418. 

An officer of the Bank is in no case the only competent witness to prove a note counterfeit. 
State V. Hooper, 2 Bail. 37: State v. Anderson, 2 Bail. 565. 

The former case overruling State r. Petty, Harp. 59, on this point. 

The person whose name is alleged to have been forged was not a competent witness to prove 
the forgery. State v. Whitten, 1 Hill 100 overruling. State r. Foster, 3 McC. 442. 

Judgment — 

Arrested where indictment omitted the word "did," before the words "utter and publish, 
etc." State v. Haider. 2 McC. 877. 

Where pending appeal the pimishment had been reduced, sentence should be for lesser 
punishment. State v. Williams, 2 Rich. 418. 

(456) § 3. Bank to Fiirnish Witnesses in Trial for Counterfeiting 
Its Notes. — When information shall be given to the president of any bank 
in South Carolina, by the Attorney General, or by any of the Solicitors of 
this State, that any person has been apprehended, and is to be tried in any 
county in this State for counterfeiting any of the notes of the said bank, 
or for passing such counterfeit note, knowing it to be false, or for steal- 
ing any note of said bank, it shall be the duty of the said bank to cause 
its cashier, or some competent witness, to attend in person and give evi- 
dence on such trial, on pain of the forfeiture of one thousand dollars, for 
the use of the State, to be recovered by indictment. 

Crim. Code, '12, § 531 ; Crim. Code, '02, § 376 ; G. S. 2530 ; R. S. 298 ; 1828, VIII, 57 ; 
1832, VIII, 66; 1833, VIII, 67. 



CHAPTER IX. 

Offenses by Certain Officers. 

(457) § 1. Contracts in Excess of Sum Limited — Diverting Public 
Funds — Penalty. — It shall be unlawful for any public officer, 



OF SOUTH CAROLINA 147 

State or county, authorized to so contract, to enter into or contract, for 
any purpose whatsoever, in a sum in excess of the tax levied, or the amount 
appropriated, for the accomplishment of such purpose ; or to divert or ap- 
propriate the funds arising from any tax levied and collected for any one 
fiscal year to the payment of any indebtedness contracted or incurred for 
any previous year ; and on violating the provisions of this Section, he shall 
be deemed guilty of a felony, and, upon conviction thereof, shall be pun- 
ished by a fine not exceeding five thousand dollars and not less than five 
hundred dollars, and by imprisonment at hard labor in the State Peniten- 
tiary for a period not exceeding five years nor less than one year, or either 
or both, in the discretion of the Court. 

Crim. Code, '12, § 532 ; Crim. Code, '02, § 377 ; G. S. 458, 459, 460 ; R. S. 299 ; 1874, 
XV, 692 ; 1906, XXV, 206. 

(458) § 2. Municipal Officers Cannot Apply Proceeds of Tax Specially 
Levied for Other Purposes. — Whenever a municipal corporation shall 
levy and collect a tax for any specific purpose, it shall be unlawful for the 
officers or agents of any such municipal corporations to apply any of the 
proceeds of such tax levy to any other purpose than that for which it was 
collected, until the same shall have been discharged or fulfilled or aban- 
doned. Any muncipial ofiicer or agent violating the provisions of this Sec- 
tion shall be fined in a sum of not less than five hundred dollars, or im- 
prisoned not less than six months, or both in the discretion of the Judge. 

Crim. Code, '12, § 533 ; 1909, XXVI, 124. 

(459) § 3. Embezzlement of Public Funds a Felony — Punishment. — 

All officers and other persons charged with the safe keeping, transfer and 
disbursements of any public funds, who shall embezzle the same, shall be 
deemed guilty of felony, and, upon conviction thereof, shall be punished by 
fine and imprisonment, in the discretion of the Court; said fine and im- 
prisonment to be proportioned to the amount of the embezzlement; and the 
party convicted of such felony shall be disqualified from ever holding any 
office of honor or emolument in this State: Provided, however, That the 
General Assembly, by a two-thirds vote, may remove the disability upon 
payment in full of the principal and interest of the sum embezzled. 
Crim. Code, '12, § 534; Crim. Code, '02, § 378; 1898, XXII, 810. 

(460) § 4. Assumption of Office Before Qualifying- and Being Com- 
missioned. — It shall be unlawful for any person to assume the duties of 
any public office until he has taken- the oath provided by the Constitution, 
and been regularly commissioned by the Governor. The term "public offi- 
cers" shall be construed to mean all officers of the State that have hereto- 
fore been commissioned, the trustees of the various colleges of the State, 
members of various State boards, and other persons whose duties are 
defined by law. 

Crim. Code, '12, § 535; 1901, XXIII, 754. 

Superintendent of poorhoiise farm an officer. Sanders r. Belue, 78 S. C. 171, 58 S. E. 762. 

(461) § 5. Assumption of Office Before Giving Bond. — It shall be unlaw- 
ful for any person to assume or attempt to assume the duties of any office 
for which a bond is required, without having given the bond required; 



148 CRIMINAL CODE 

and any person assuming or attempting" to assume the duties of any office 
as aforesaid, shall be guilty of a misdemeanor, and shall be subject to a 
fine of five hundred dollars, or imprisonment for not less than three months, 
in the discretion of the Court. 

Crim. Code, '12, § 536 ; Crim. Code, '02, § 379 ; 1901, XXIII, 750. 

State V. Messervy, 86 S. C. 503, 506, 68 S. E. 766. 

(462) § 6. Misdemeanor for County Officer to Fail to Keep Record 
of Fees. — Any county officer neglecting or refusing to comply with any 
of the provisions of Section (765) of the Civil Code, as amended by Act of 
1920, requiring officers to keep an itemized statement of fees and costs 
received, shall be deemed guilty of a misdemeanor, and, upon conviction, 
shall be fined not less than fifty nor more than two hundred dollars, or 
imprisoned in the county jail not less than two nor more than six months, 
either or both, at the discretion of the Court. 

Crim. Code, '12, § 53/; Crim. Code, '02, § 380; 1897, XXII, 458; 1898, XXII, 742; 
1920, XXXI, 1149. 

(463) § 7. County Officers Guilty of Misconduct, Etc.— How Re- 
moved. — Any County officer who is guilty of misconduct or persistent 
neglect of duty in office, or any person who persists in holding any county 
office to which he has been appointed or elected, the duties of which he has 
not the capacity to properly discharge, shall, upon indictment and true bill 
after warrant, or after presentment of a grand jury and indictment and 
true bill thereon, be tried as for misdemeanor in office, and, upon conviction 
the office- shall be declared vacant and the sentence shall be removal of 
defendant from office, and vacancy shall be filled as when a vacancy 
occurs by death or resignation. 

Crim. Code, '12, § 538 ; Crim. Code, '02, § 381 ; 1897, XXII, 423. 

(464) § 8. No Municipal Officer May Contract with Municipality — 
Violation a Misdemeanor. — No municipal officer shall take a contract to 
perform work or furnish material for the municipal corporation of which 
he is an officer, and no such officer shall receive any 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 Council's journal. Any person violating the provisions 
of this Section shall be guilty of a misdemeanor, and, upon conviction 
thereof, shall be punished by fine or imprisonment, in the discretion of the 
Court before whom such conviction is had. 

Crim. Code, '12, § 304; Crim. Code, '02, § 224; 1900, XXIII, 455. 

(465) § 9. Misdemeanor for Officers to G-ive False Certificates to Wit- 
nesses or Jurors of Mileage Traveled. — Any officer whose duty it is to 
certify to the mileage of any juror, witness or other person required to 
attend Court or to travel to perform any legal duty, who shall knowingly 
allow any claim for mileage otherwise than is herein prescribed, shall be 
deemed guilty of a misdemeanor, and, upon conviction, shall be punished 
by fine or imprisonment, or both, in the discretion of the Court, and shall, 
whether indicted criminally or not, be liable to a civil action to pay as a 



OF SOUTH CAROLINA , 149 

penalty for the benefit of the county, a sum equal to ten times the amount 
which the county may lose by reason of any payment for mileage, in excess 
of that allowed by law. 

Crim. Code, '12, § 302 ; Crim. Code, '02, § 222 ; 1897, XXII, 732. 

(466) § 10. Acceptance of Rebates Prohibited — Punishment — Excep- 
tion. — No person holding an office or position of trust or profit in this 
State, or in the public institutions thereof, shall accept rebates or extra 
compensation, in addition to that provided by law. 

Any person violating the provisions of this Section shall be fined in a sum 
not less than one hundred dollars nor more than five hundred dollars, or be 
imprisoned for not less than three months nor more than five years. 

This Section shall not apply to officers accepting rebates, not f or.their in- 
dividual use, but for the benefit and in behalf of the State. 

Crim. Code, '12, § 539; Crim. Code, '02, § 382; 1899, XXIII, 96. 

(467) § 11. Clerk of Court or Magistrate Failing to Pay Over Fines, 
Etc. — Any Clerk of the Circuit Court of General Sessions, County 
Sheriff, or Magistrate, who shall neglect or refuse to immediately pay over, 
as required, any and all fines and penalties collected by them in any crim- 
inal cause or proceeding, shall, on conviction thereof, be subject to a fine 
of not less than one hundred nor more than one thousand dollars, and im- 
prisonment not less than three nor more than six months, and shall be dis- 
missed from office, and disqualified from holding any office of trust and 
profit under this State. 

Crim. Code, '12, § 540; Crim. Code, '02, § 383 ; G. S. 2553; R. S. 300; 1871, XIV, 
656. 

(468) § 12. Clerks Responsible for Books, Papers, Etc. — Failure to 
Transfer to Successor. — Every Clerk shall be held responsible for the 
books, papers and furniture in his office ; and upon his retiring from office, 
or death, he or his representative shall be bound to transfer the same to his 
successor, immediately after such successor has entered upon the duties 
of his office, under a penalty of one thousand dollars and imprisonment 
not exceeding one year. 

Crim. Code, '12, § 541 ; Crim. Code, '02, § 384 ; G. S. 757 ; R. S. 301 ; 1839, XI, 114. 

(469) § 13. Clerks to Report to Auditors and Treasurer— Penalty — 

Every Clerk of the Court is required, on the first Wednesday in each month, 
or within ten days thereafter, to make in writing, to the Auditor and 
Treasurer of his county, a full and accurate statement of all moneys col- 
lected on account of licenses, fines, penalties and forfeitures during the 
past month, on pain -of indictment, and, in case of conviction, of being fined 
not more than one hundred dollars, or imprisoned not more than two 
months, or both, at the discretion of the Court. 

Crim. Code, '12, § 542 ; Crim. Code, '02, § 385 ; R. S. 302 ; G. S. 759 ; 1878, XVI, 763. 

(470) § 14. Sheriff or Other Officer Taking Reward, Etc., Promised. 

— If a Sheriff, Deputy Sheriff, Constable, or other officer authorized to 
serve legal process, receives from the defendant, or any other person, any 
money or other valuable thing as a consideration, reward or inducement for 



150 CRIMINAL CODE 

omitting or delaying to arrest a defendant, or to carry him before a Magis- 
trate, or for delaying to take a person to prison, or for postponing the 
sale of property" under an execution, or for omitting or delaying to per- 
form any duty pertaining to his office, he shall be punished by a fine not 
exceeding three hundred dollars. 

Crim. Code, '12, § 543 ; Crim. Code, '02, § 3S6 ; G. S. 2554 ; R. S. 303 ; 1869, XIY, 308. 

(471) § 15. Public Officers Must Turn Over Moneys in Their Hands 
to Successors — Penalty. — It shall be the duty of every Sheriff, Judge of 
Probate, Clerk of the Court of Common Pleas, County Treasurer, and 
any other State or County officer entrusted with funds by virtue of his 
office, upon retiring from office, to turn over to his successor all moneys 
received by him as such officer, and remaining in his hands as such officer, 
within thirty days from 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 monej^s so turned over to him, in the same man- 
ner as he is liable for other moneys received by him officially; and any 
public officer neglecting or refusing obedience to the requisition herein 
contained shall be held guilty of a misdemeanor, and, upon conviction, shall 
be liable to a fine of one thousand dollars and imprisonment not exceed- 
ing twelve months, besides his liability on his official bond, at the suit of 
any person aggrieved by such neglect. 

Judge. OF Probate Responsible for Books, Etc., Transfer to Successor. 
— Every Judge of Probate shall be responsible for the books and papers, 
and also for the furniture, in his office, and upon his retiring from office, 
or upon his death, he or his representatives shall be bound to transfer the 
same to his successor immediately after such successor shall have entered 
upon the duties of his office, under a penalty of one thousand dollars, to 
be recovered by indictment, and of imprisonment not exceeding one year. 

Crim. Code, '12; § 544; Crim. Code. '02, § 387; G. S. 457, 779; R. S. 304; 1874, XV, 

674 ; 1885, XIX, 158. 

Embraces Superintendent of Penitentiarv. State r. Neal, 59 S. C. 259, 37 S. E. 826. 
Clerk of Court. State ?■. Assmann. 46 S. C. 555, 24 S. E. 673. 

(472) § 16. Certain Officers Guilty of Misconduct to Be Indicted. — 

Any public officer hereafter to be elected or appointed, whose au- 
thority is limited to a single election or judicial district, who shall be 
gTiilty of any official misconduct, habitual negligence, habitual drunk- 
enness, corruption, fraud or oppression, shall be liable to indictment, and, 
upon conviction thereof, shall be fined not exceeding one thousand dollars 
and imprisoned not exceeding one year. 

Crim. Code, '12, § 545 ; Crim. Code, '02, § 388 ; R. S. 305 ; 1829, YI, 391. 

Allejrations in inrlictment as to official misconduct bv County Supervisor. State v. Jacques, 
65 S. C. 178. 43 S. E. 515. 

This Section covers violations of law principallv of an active nature. State v. Green, 52 S. C. 
520, 30 S. E. 683; State r. Tarrant, 24 S. C. 593. 

An officer whose term has expired or who has resigned or been removed may be indicted 
under this Section. State r. Sellers. 7 Rich. 370. 

Genera] official misconduct is punishable only under this Section. State v. Hall, 5 S. C. 120. 

Furnishing prisoners with spirituous liquors bv jailer is official misconduct. State r. Sellers, 
7 Rich. 368. 

False voucher of Treasurer is an official fraud. State v. Cardozo, 11 S. C. 232. 

Indictment — 

That .ioins a charge of general misconduct under this Section with a charge of particular 
neglect of official duty is defective. State v. Hall, 5 S. C. 120. 



OF SOUTH CAROLINA 151 

None by iailer that his appointment was not in writing. State v. Sellers, 7 Rich. 368. 
Applied to School Trustee; State vs. Elliott 94 S. C. 35:77 S. E. 728. 

(473) § 17. Misdemeanor to Allow Records to Be Taken, Etc. — If any 
Clerk of any Court of Record, Judge of Probate, Master, Register of Mesne 
Conveyances, or Sheriff, shall allow any record, or any part thereof, to be 
taken or removed from their respective offices by any person or persons 
whomsoever, he shall be deemed guilty of a misdemeanor, and, upon con- 
viction thereof, he shall be punished by a fine of fifty dollars for the first 
offense, and for the second and any subsequent offense by a fine of one 
hundred dollars : Provided, That nothing herein contained shall be held to 
apply to the attendance of any of the said officers with any of the records 
of their respective offices in any Court or Courts when the actual produc- 
tion of such record is required by the proper process of such Court for 
the purpose of evidence in any trial or trials then proceeding therein : Pro- 
vided, also. That the provisions of this Section shall not apply to the taking 
or removal of any books or records where the same is done under any 
order of a Circuit Judge for the better preservation or protection of the 
same. 

Persons Taking Records Without Consent, — Any person who shall 
take any record from the office of the Clerk of the Court, Judge of Probate, 
or Master in Equity, without consent of the officer having control of the 
same, shall be guilty of a misdemeanor, and liable to the same penalty as 
is provided in this Section. 

Crim. Code, '12, § 547 ; Crim. Code, '02, § 390 ; G. S. 2557 ; R. S. 307 ; 1SS2, XVII, 
871 ; 1885, XIX, 415. 

(474) § 18. Neglect of Duty by Clerk, Etc.— How Punished.— Any 

Clerk of the Court of Common Pleas and General Sessions, or Sheriff, or 
Judge of Probate, or Register of Mesne Conveyances, in this State, who 
shall willfully fail or neglect to discharge all the duties and perform all 
the services which are required of him by law, in addition to his liability 
to the party aggrieved, shall be liable to be indicted as for a misdemeanor, 
and, upon conviction thereof, shall be fined, at the discretion of the Court, 
not exceeding five hundred dollars. 

Crim. Code, '12, § 548 ; Crim. Code, '02, § 391 ; G. S. 2558 ; R. S. 308 ; 1837, VI, 577. 

Construed with 5 (472), and held to apply to wilful neglect or failure, passive in its nature. 
State V. Green. 52 S. C. 520. 30 S. E. 683. 

Construed with § (471). State v. Hall, 5 S. C. 120. 

Indictment — 

Which in effect and substance charges neglect of any official duty imposed by law on the 
officers named is founded upon this Section, and not upon § (471). State v. Hall, 5 S. C. 120. 

It must specify the particular duty neglected. lb. 

It will not lie against a Probate Judge for neglecting to pay out money arising from partition 
sale until an order for distribution has been obtained. lb. 

(475) § 19. Officers Reported by Circuit Solicitor to Be Indicted. — 

If any of the said officers shall be reported by a Circuit Solicitor as hav- 
ing wilfully failed or neglected to discharge any of the duties, or to per- 
form any of the services, appertaining to his office, which are required of 
him by law, it shall be the duty of the Court to order a bill of indictment 
to be preferred against such delinquent officer. 
Crim. Code, '12, § 549 ; Crim. Code, '02, § 392 ; G. S. 25.59 ; R. S. 309 ; 1837, VI, 577. 



152 CRIMINAL CODE 

(476) § 20. Circuit Solicitors — ^If Disabled by Intoxication, How 
Punished. — Any Circuit Solicitor who shall, while in the public discharge 
of the duties of his office, be drunk or intoxicated, or in any extent dis- 
abled, by reason of the use of intoxicating liquors, from the proper dis- 
charge of his duties, shall be held guilty of a misdemeanor, and, upon con- 
viction thereof, shall be punished by a fine of not less than one hundred 
or more than one thousand dollars, and imprisoned not less than one month 
or more than one year, in the discretion of the Court, and be dismissed from 
his office. And whenever it shall be brought to the attention of the Attor- 
ney General that any Circuit Solicitor has been charged with the offense 
mentioned in this Section, it shall be his duty to prepare a bill of indict- 
ment against such officer, and prosecute the same in the county where the 
offense was committed ; and if said officer is duly convicted, he shall cause 
to be forwarded to the Governor of the State a record of such conviction, 
upon the receipt of which the Governor shall forthwith declare the said 
office to be vacant, and order an election to fill the same. 

Crim. Code, '12, § 550 ; Grim. Code, '02, § 393 ; G. S. 2560 ; R. S. 310 ; 1873, XV, 486. 

(477) § 21. Punishment of Officers Guilty of Neglect or Corrupt 
Conduct. — If any officer on whom any duty is enjoined in Sections (233) 
to (284), inclusive, of the Civil Code, shall be guilty of any wilful neglect 
of such duty, or of any corrupt conduct in the execution of the same, and 
be thereof convicted, he shall be deemed guilty of a misdemeanor, punish- 
able by fine not exceeding five hundred dollars, or imprisonment not exceed- 
ing one year. 

Crim. Code, '12, § 372 ; Crim. Code, '02, § 280 ; G. S. 140 ; R. S. 244 ; 1888, XX, 10. 

(478) § 22. To Be Deemed Guilty of Official Misconduct — When — 
Punishable on Conviction — Proviso. — If any Sheriff shall be attached for 
contempt for failing to execute or to return final process in any civil suit, 
or for not paying over to the party entitled money which has come into his 
hands as Sheriff, and shall remain in contempt for the space of thirty days 
after such attachment ordered, every such Sheriff shall be deemed guilty 
of official misconduct, and shall be liable to be proceeded against by in- 
dictment, and, on conviction, be liable to fine of not exceeding one thou- 
sand dollars, and imprisonment not exceeding one year, and be removed 
from office : Provided^ That nothing herein contained shall be construed to 
deprive any such Sheriff of his right to appeal from any order against him 
for a contempt, nor shall the provisions of this Section be taken to apply 
during the pendency of such appeal, nor until the same has been finally 
dismissed. 

Crim. Code, '12, § 552 ; Crim. Code, '02, § 395 ; G. S. 674 ; R. S. 312 ; 1844, XI, 296. 

(479) § 23. To Execute Writs of Habeas Corpus. — Every Sheriff, 
Deputy Sheriff, or Jailer shall have power, and he is authorized, required, 
and commanded, to give due obedience to the execution of every writ of 
habeas corpus, made or signed by any person or persons by law empowered 
to grant the same, and shall do and perform any matter or thing which by 
the same he may be required to ,do ; and if he shall wilfully neglect, refuse, 
or omit to obey or perform the same, when legally requested and demanded 



OF SOUTH CAROLINA 153 

in such ease, for eaeh such negleet, refusal, or omission, he shall forfeit the 
sum of five hundred dollars, to be recovered by indictment. 

Ci-im. Code, '12, § 553 ; Crim. Code, '02, § 396 ; G. S. 680 ; R, S. 313 ; 1839, XI, 48. 

(480) § 24. Punishable As for Escape of Criminal.— If any Sheriff, 
Deputy Sheriff, Jailer, or other officer wilfully suffer a prisoner in his 
custody, under conviction or under any criminal charge not capital, to 
escape, he shall suffer the like punishment and penalties as the prisoner suf- 
fered to escape was sentenced to, or would be liable to suffer, upon convic- 
tion of the crime or offense wherewith he stood charged. 

Crim. Code, '12, § 554 ; Crim. Code, '02, § 397 ; G. S. 682 ; R. S. 314 ; 1839, XI, 46 ; 
1869, XIV, 309. 

(481) § 25. Penalties for Purchasing at Their Own Sales.— No Sheriff 
or Deputy Sheriff shall be concerned or interested, directly or indirectly, in 
the purchase of any property sold by either of them officially ; and if any 
such Sheriff or Deputy Sheriff shall be concerned or interested in any such 
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 im- 
prisoned, at the discretion of the Court; and such purchase shall be null 
and void. 

Crim. Code, '12, § 555; Crim. Code, '02, § 398; G. S. 684; R. S. 315; 1791, VII, 
263 ; 1823, VI, 213 ; 1839, XI, 55. 

(482) § 26. Penalty for Sheriff or Deputy Purchasing Executions. 

— If any Sheriff, or his Deputy, shall contract for, buy or purchase any 
judgment or decree of any Court which may become his duty to enforce, 
or any execution lodged in his office, or cause the same to be done, 
directly or indirectly, the said Sheriff, or his Deputy, shall forfeit and 
pay, for every such offense, treble the amount of such judgment, decree, 
or execution, one-half of which said forfeiture shall be paid to the 
State and the other half to the informer; and the same shall be recov- 
erable with full costs by action or by indictment in any Court of compe- 
tent jurisdiction, and, by any such pnrchase, such judgment, decree or 
execution shall be ipso facto satisfied. 

Civ. '12, § 1184 ; Civ. '02, § 859 ; G. S. 677 ; R. S. 739 ; 1839, XI, 47, § 86 ; 1823, Vt, 
213, § 1. 

(483) § 27. To Turn Over Books, Papers, Etc., to His Successor.— 

It shall be the duty of every Sheriff to turn over to his successor all the 
furniture appertaining to his office, the original Writ Book, and Sale Book, 
and also the original Execution Book, or a correct certified copy thereof, 
and also all original bonds officially taken by him, all mesne processes not 
served, and all final- processes partially or wholly unexecuted ; and if any 
Sheriff be dead, his personal representatives shall so turn over the matters 
aforesaid ; and the successor shall be bound to execute a receipt and dupli- 
cate, to be lodged in the Clerk's office, specifying the matters and things 
so received by him, and he shall be responsible for them. The retiring 
Sheriff, or his successor, neglecting or refusing obedience to the requisitions 
herein, shall, respectively, upon conviction by indictment, be liable to a 
fine of one thousand dollars, or an action may be instituted upon the official 



154 CEIMIXAL CODE 

bond of any defaulting Sheriff in this behalf, for the penalty aforesaid, and 
it shall be the duty of such predecessor, who has le^■ied upon personal prop- 
erty and not sold it. to deliver it to his successor at the time of turning 
over such books, bonds, and processes, taking his receipt for the same, who 
is authorized to sell such property. 

Crim. Code, '12. § .556 ; Crim. CcKle. '02. § 399 : G. S. 657 ; R. S. 316 : 1791. Til, 268 ; 
1S39. XI, 40; 1S59; XII, 7SS. 

(484) § 28. Forfeiture and Fine for Default in Retiinmig Warrants, 
Etc., of Magistrate. — If the Sheriff shall neglect or delay to return any 
warrant or other process pertaining to the Court of General Sessions, issued 
by a Magistrate ten days before the meeting of the Court, he shall forfeit 
his fees, and be subject to a fine of five dollars for every such default, if 
upon a rule to show cause, he shall fail to excuse himseK to the satisfaction 
of the Court. 

Crim. Code. "12. § 557: Crim. Code, "02. § 400: G. S. 693; R. S. .317: 1S36. VI. 552. 

(485) § 29. Sheriff to Pay Over Money to His Successor Within One 
Month. — It shall be the duty of every Sheriff, on the expiration of his 
term of office, to turn over to his successor all money remaining in his 

hands as Sheriff, within one month from the time his successor shall have 
entered on the duties of his office, iti the same manner as he is required to 
turn over to his successor the furniture, books, bonds, processes, and other 
papers : and his successor 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'. 

Retieixg Sheriff Extitlzd to Half Commissioxs. — The retiring Sheriff 
shall be entitled to retain only one-half of the commissions allowed by law 
on moneys eoUeeted and so turned over, and his successor the other half, 
for paying out the same. 

Liabilities to Flst axd Impeisoxmext. — The retiring Sheriff', or his 
successor, neglecting or refusing obedience to the requisitions herein con- 
tained, shall respectively, upon conviction by indictment, be liable to a 
fine of one thousand dollars and imprisonment not exceeding twelve months. 
' Ci-im. Code, '12, § 555; Crim. CcKie. "02. § 401; G. S. 694, 69-5, 696: R. S. 31S ; 1859, 
XII. 7SS. 

(486) § 30. Must Furnish Statement Monthly to Auditor and Treas- 
urer. — All Sheriffs are required, on the first Tuesday in every month, 
or within ten days afterwards, to make in writing to the Auditor and 
Treasurer of the several counties a full and accurate statement of all moneys 
collected by them on account of licenses, fines, penalties, or forfeitures dur- 
ing the past month ; and in default thereof, upon conviction, shall be liable 
to a fine not exceeding one hundred dollars, or imprisonment in the coiuity 
jail not exceeding two months, or both at the discretion of the Court. 

Crim. Code, '12 § 559; Crim. Cc>de. •02. S 402: G. S. 701:1: R. S. 319: 1S7S. XYI. 753. 

(487) § 31. Penalty for Violating Homestead Law by OflScers. — No 

Sheriff. Constable, or other officer whose duty it is to enforce execution, 
shall proceed in any other manner than is prescribed in the homestead laws 



OF SOUTH CAROLINA 155 

of this State to enforce any execution in his hands ; and' shoiikl any officer 
sell any real estate, or sell or remove any personal property, in ^-iolation of 
the homestead laws of this State, and of the Constitution of the State of 
South Carolina, he shall be deemed guilty of a misdemeanor, and, on convic- 
tion thereof, shall, for the first offense, be fined in a sum not less than five 
hundred dollars nor more than one thousand dollars, and upon conviction of 
the second offense his office shall be deemed vacant. 

Crim. Code, '12, § 560 ; Crim. Code, '02, § 403 ; G. S. 2003 ; R. S. 320 ; ISSO, XYH, 
516. 

(488) § 32. Duty of Sheriff to Arrest Escaped Convicts.— It shall 
be the duty of the Sheriffs of this State, and they are hereby required, 
under the penalty hereinafter pro-vaded, to arrest in their respective counties, 
with or without a warrant, all escaped convicts from the Penitentiary or 
from the chaingang or jails found in their said counties; and upon said 
arrest it shall be the duty of said Sheriff to immediately notify the proper 
authorities from whose care said convicts escaped. 

Negkect a Misdemeanor. — Upon any willful neglect or failure on the 
part of any such Sheriff to- comply with the provisions of this Section, he 
shall be deemed guilty of a misdemeanor, and, upon conviction, be fined in 
a sum of not more than five hundred dollars nor less than one hundred 
dollars, or be imprisoned for not more than six months, or be both fined 
and imprisoned, at the discretion of the Court. 

Crim. Code. •12. § .561: Crim. Code. "02. § 404: 1900. XXIII, 305. 

(489) § 33. Failure to Enter Tax Execution on Execution Book a 
Misdemeanor. — Any Sheriff failing to enter tax executions upon his exe- 
cution book, or to take receipts thereon, as herein reciuired shall, upon con- 
viction thereof, be punished as for a misdemeanor. Nothing herein con- 
tained shall be construed to relieve the Sheriff from any of the penalties, 
civil or criminal, now pro\'ided by law for his failure to comply with the 
law prescribing his duties in relation to tax executions. 

Crim. Code, '12, § 562 : Crim. Code, "02. § 405 ; 1900, XXIII, 306. 

(490) § 34. Penalty on Coroner Failing to Report. — Any Coroner who 
shall wilfully neglect to make the report, as in Code of Procedure pro- 
vided, shall be liable to indictment as for a misdemeanor, and, upon con- 
viction, shall be fined not less than fifty nor more than five hundred dol- 
lars, or imprisoned not less than thirty days nor more than six months, or 
both, at the discretion of the Court. 

Crim. Code, '12, § 563: Crim. Code, '02, § 406; G. S. 721; R. S. 321; XT, 439, 440. 

(491) § 35. Coroner of Charleston County — Neglect of Duty a Mis- 
demeanor — Penalty. — For any neglect of the duties of the office of 
Coroner for Charleston County, or for any malfeasance therein, the 
Coroner, Deputy Coroner, or the Magistrate authorized by law to act 
as Coroner, so neglecting such duty, or so committing malfeasance therein, 
shall be guilty of a misdemeanor, and, upon conviction thereof, shall be 
fined not less than fifty dollars and not more than one thousand dollars, or 
be imprisoned at the discretion of the Court, or be both fined and im- 



156 CRIMINAL CODE 

prisoned, as the Court may direct; one-half of such fine shall be paid to 
the person informing upon such neglect or malfeasance. 

Grim. Code, '12, § 564 ; Grim. Code, '02, §407 ; R. S. 322, 1885, XIX, 426. 

(492) § 36. Magistrate Must Hold Preliminary. — If any Magistrate 

fails to hold preliminary or have same waived by setting date for pre- 
liminary and to return such papers and report thereon to the Clerk, as 
directed in the Code of Procedure, he shall be subject to the payment of a 
fine of five ($5.00) dollars for every such default, within the discretion 
of the Court, to which a rule thereof shall be made returnable. 

Grim. Code, '12, § 565 ; Grim. Code, '02, § 408 ; G. S. 855, 856 ; R. S. 323 ; 1836, VI, 
552 ; 1839, XI, 23 ; 1918, XXX, 769. 

(493) § 37. Penalty for Failure to Make Monthly Reports.— Evelry 
Magistrate shall, on the first "Wednesday of each month, or within ten days 
thereafter, make, in writing, to the Auditor and Treasurer of his county, 
a full and accurate statement of all moneys collected by him on account of 
licenses, fines, penalties or forfeitures during the past month. In default 
thereof, he shall, on conviction, be liable to a fine not exceeding one hun- 
dred dollars, or imprisonment in the county jail not exceeding two months, 
or both, at the discretion of the Court. 

Grim. Code, ' 12, § 566 ; Grim. Code, '02, § 409 ; G. S. 802 ; R. S. 324 ; 1878, XVI, 753. 

(494) § 38. Penalty for Neglect to Pay Over Fines.— If any Magis- 
trate shall neglect or refuse to immediately pay over all fines and penal- 
ties collected by him in any criminal cause or proceeding, he shall, on con- 
viction thereof, be subject to a fine of not less than one hundred or more 
than one thousand dollars, and imprisonment not less than three nor more 
than six months, and shall be dismissed from office. 

Grim. Code, '12, § 567; Crim. Code, '02, § 410; G. S. 858; R. S. 325; 1871, XIV, 
656; XV, 420. 

(495) § 39. Regulations As to Books Held by Magistrates As Public 
Property — Penalty. — Upon the expiration of the term of office of any 
Magistrate, it shall be the duty of such Magistrate to return to the Clerk 
of the Court of his county, within thirty days, all books received by him 
from said Clerk, under the law regulating the distribution of books among 
Magistrates, in good condition; and any Magistrate neglecting or refusing 
to return such books to the said Clerk, received by him under and by the 
terms of this Section, or pay for the same or damage thereto, shall be 
deemed guilty of a misdemeanor, and, upon conviction thereof in any 
Court of competent jurisdiction, shall be fined in the sum of not less than 
ten dollars nor more than twenty-five dollars, or be imprisoned not less than 
ten days nor more than thirty days, at the discretion of the Court. 

• Disposition of Moneys. — The fines imposed or money received under 
this Section shall be paid over to the Clerk of the Court when collected, to 
be expended in replacing such books as are not returned or are too much 
damaged to be reissued, and to be used for no other purpose. 

Grim. Code '12, § 568 ; Grim. Code. '02. § 411 ; G. S. 862 ; R. S. 326 ; 1871, XVII, 872. 



OF SOUTH CAROLINA 157 

(496) § 40. Not to Receive Fees in Criminal Cases; Nor to Take 
Constable's Pay. — It shall be unlawful for any salaried Magistrate in 
this State to receive any compensation for his services in criminal causes 
other than his salary, or to receive for his own use any portion of his Con- 
stable 's fees or salary in any criminal causes whatsoever, whether said 
causes are actually tried, compromised or transferred for investigation to 
the Court of General Sessions. 

Any Magistrate who shall violate the provisions of this Section shall be 
deemed guilty of a misdemeanor, and, upon conviction thereof, shall be 
fined not less than fifty dollars and not more than two hundred dollars, or 
imprisoned not less than thirty days and not more than six months, or both 
fine and imprisonment at the discretion of the Court. 

Crim. Code, '12, § 569; Grim. Code, '02, § 412; R. S. 327; 1887, XIX, 800. 

(497) § 41. Penalty for Magistrate or Constable Neglecting to En- 
force Vagrant Laws. — If any Magistrate shall fail or neglect to execute 
any of the duties required of him by the vagrant laws of the State, he 
shall be liable to pay a penalty of fifty dollars; and any Constable neg- 
lecting or failing in his duty aforesaid shall be liable to pay twenty-five 
dollars, to be recovered by information before any Court of competent 
jurisdiction; one moiety to go to the informer and the other to the use 
of the county. 

Crim. Code, '12, § 570; Crim. Code, '02, § 413; G. S. 1608; R. S. 328; 1787, V, 43. 

(498) § 42. Reports of Cases by Magistrates in Certain Cities — 
Penalty. — Each Magistrate within counties containing cities of fifty 
thousand (50,000) inhabitants, or more, in the State of South Carolina, 
shall make and file with the County Supervisor each month a verified 
report of criminal cases begun before him and their status and disposi- 
tion, together with a list of all fines collected. A list of the Magist- 
trates, with a list of the fines collected by each Magistrate, shall be pub- 
lished quarterly by the County Supervisor, and the costs of said pub- 
lication shall be disbursed out of the funds for ordinary county pur- 
poses. That said County Supervisor shall not pay any salaries to any 
Magistrate until he has made and filed the verified report herein required, 
and further, in default thereof, the Magistrate violating the provisions 
of this Section shall, on conviction, be liable to a fine not exceeding one 
hundred ($100.00) dollars or imprisonment in the county jail not ex- 
ceeding two (2) months, at the discretion of the Court. 

1917, XXX, 111. 

(499) § 43. Penalty for Failing to Execute Process of Magistrate's 
Court. — Every Constable appointed by a Magistrate shall be bound to 
execute, when required, every lawful order, judgment and determination 
of the Magistrate and of any Magistrate's Court; and for disobedience 
herein he shall be liable to be indicted and punished as for a high misde- 
meanor. 

Crim. Code, '12, § 571 ; Crim. Code, '02, § 414 ; G. S. 868 ; R. S. 329 ; 1835, XI, 8l. 

(500) § 44. Punishment for Oppression, Etc. — For oppression in 
office, whether by undue personal violence, cruelty, taking an amount of 



158 CRIMINAL CODE 

property in unreasonable proportion to the sum to be collected, or for 
any wilful official misconduct, habitual negligence, habitual drunkenness, 
or fraud, when established to the satisfaction of a jury, upon indictment, 
a Constable shall be punished by imprisonment not exceeding one year and 
fined not exceeding one thousand dollars, at the discretion of the Court, 
Crim. Code, '12, § 572 ; Crim. Code, '02, § 415 ; G. S. 869 ; R. S. 330 ; 1835, XI, 81. 

(501) § 45. May be Removed from Officie on Conviction. — Upon the 
conviction of any Constable by indictment, the Judge before whom the 
case may be tried shall have power, by order, to declare the convict to 
be remove:d from office, whereupon his office shall be deemed vacant. 

Crim. Code, '12, § 573 ; Crim. Code, '02, § 416 ; G. S. 870 ; R. S. 331 ; 1835, XI, 81. 

(502) § 46. Default in Returning Warrants, Etc. — Peoialty. — In all 

cases in which Magistrates shall fail to lodge in the offices of the Clerks 
of the Court of their respective counties recognizances taken before them 
for the appearance of witnesses, defendants, or prosecutors, before the Court 
of General Sessions for such county, or information or other papers before 
them, and returnable to such Court, at least ten days before the meet- 
ing of said Court, and such default shall arise from the neglect or im- 
proper delay of the Constable or other officer charged with the execution 
of any warrant or other process pertaining to the Court of General Sessions, 
such Constable shall be subject to a fine of five dollars for every such 
default, if, upon a rule to show cause, he shall fail to excuse himself to 
the satisfaction of the Court. 

Crim. Code, '12, § 574; Crim. Code, '02, § 417; G. S. 2565; R. S. 840; 1878, XVI, 584. 

(503) § 47. Misdemeanor for Certain Officers to Discount Teachers' 
Pay Certificates. — It shall be unlawful for any County Treasurer, County 
Auditor, member of County Board of Education, or School Trustee, 
to buy, discount or share, directly or indirectly, or be in any way inter- 
ested, 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. 
If any of the officers aforesaid shall violate the provisions of this Sec- 
tion he shall be deemed guilty of a misdemeanor, and, on conviction 
thereof, shall pay a fine of not less than one hundred dollars nor more 
than five hundred dollars, to be used for school purposes in his county, 
and shall be imprisoned not less than three months nor more than twelve 
months, or either or both, and shall forfeit the amount of such claim 
or of his interest in such claim. 

Crim. Code, '12, § 575; Crim. Code, '02, § 418; R. S. 333; G. S. 2561; 1896, XXII, 
150; 1900, XXIII, 366. 

(504) § 48. School Officers Prohibited from Being Ageint for School 
Books. — It shall be unlawful for any teacher of a school supported in 
whole or in part from the public school funds of this State, or any Trustee 
of any such school, or any other school officer, to become an active or silent 
agent of any school book publisher, or be in anywise pecuniarily interested 
in the introduction of any school book or books into any school in this 



OF SOUTH CAROLINA 159 

State. Any person violating any of the provisions hereof shall, upon 
conviction thereof, be deemed guilty of a misdemeanor, and be subject to 
a fine of not less than one hundred dollars, or imprisonment in the county 
jail for a period of not less than thirty days, or both, at the discretion 
of the Circuit Judge. 

Crim. Code, '12, § 576 ; Crim. Code, '02, § 419 ; 1896, XXII, 170. 

(505) § 49. County Superintendents of Education to Apportion 
School Funds Monthly Among School Districts. — Within ten days after 
the County Treasurer makes his monthly report to the County Super- 
intendent of Education, showing the amount of money collected by him 
since his last monthly report, it shall be the duty of the County Super- 
intendent of Education to apportion the money arising- from a tax on 
property, as shown by the Treasurer's report, among the school districts 
of his county and to certify such apportionment to the County Treas- 
urer, 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 apportionment, and the County Treasurer 
shall pay out the money belonging 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 presenta- 
tion, provided that there be no outstanding claims of the previous schol- 
astic year; and the Comptroller General shall receive the warrants thus 
paid as proper vouchers in the hands of the County Treasurer. 

The failure or refusal of a County Superintendent of Education or a 
County Treasurer to comply with the foregoing provisions, or any of 
them, shall constitute a misdemeanor, and, upon conviction thereof, he 
shall be subject to a fine of not more than one hundred dollars, or im- 
prisonment in the county jail for not more than thirty days. 

Crim. Code, '12, § 577; Crim. Code, '02, § 420; 1898, XXII, 761. 

(506) § 50. County Superinltendents to File Reports With State 
Superintendent of Education. — It shall be the duty of each County Su- 
perintendent of Education to file with the State Superintendent of Edu- 
cation within two months after the close of the scholastic year a full 
and accurate report of all the schools under his supervision. Any County 
Superintendent failing to make such report shall be guilty of a mis- 
demeanor, and, upon conviction thereof in a Court of competent juris- 
diction, shall be fined in the discretion of the Court in a sum not exceed- 
ing fifty dollars. 

1913, XXVIII, 191. 

(507) § 51. Teachers, Principals and Superintendents Required to 
Pile Reports. — Any teacher, principal or superintendent employed in the 
schools of this State, supported in whole or in part at public expense, 
shall file within two weeks after the close of the session of such school a 
full and accurate report, as now required by law. Any person neglect- 
ing, refusing or omitting to file such report when requested by the County 
Superintendent of Education shall be liable to the cancellation of his or 



160 CRIMINAL CODE 

her certificate to teach, and to a fine of not more than twenty-five dol- 
lars, to be imposed at the discretion of the County Board of Education. 
1913, XXVIII, 191. 

(508) § 52. Reports of Private Schools to County Superintendents 
of Education. — Any and all private schools shall report to the County 
Superintendent of Education upon request therefor of the county 
wherein such school is located, the number of pupils receiving in- 
struction, the number in regular attendance, the number of teachers 
employed, and such other facts as will show the grade and amount of 
educational work actually done in such private school. The management 
of such other private school neglecting, refusing or omitting to file such 
report within two weeks after the close of the regular session shall 
be subject to a fine of not more than twenty-five dollars. 

191.3, XXVIII, 191. 

(509) § 53. Treasurer Not to Demand Commission on School Funds. 

— Any County Treasurer who shall demand or receive any commissions 
for paying out the school funds paid out by him from the person charged 
with receiving them, or shall charge any person commission on the same, 
shall be deemed guilty of a misdemeanor, and, on conviction, shall be 
fined not less than fifty dollars for each such offense, or be imprisoned for 
a period not less than three months. 

Crim. Code, '12, § 57S ; Crim. Code, '02, § 421 ; G. S. 2563 ; R. S. 334 ; 1876, XVI, 165. 

(510) § 54. Acceptance or Exercise of Office of Auditor or Treasurer 
without Authority — Books, Etc., Not Tui'ned over to Successor. — If any 

person shall, contrary to the statutes of this State regulating the appoint- 
ment of the County Auditor and County Treasurer, accept the Office of 
County Auditor or Treasurer, or shall hold or exercise, or attempt to hold 
or exercise, any such office, or fail, when application is made to him by his 
successor, to turn over all books, pape:rs and property of all kinds 
whatsoever pertaining to said office ; or if any County Treasurer, County 
Auditor, or member of any County Board of Equalization, shall neglect, 
refuse or evade the performance of the duties imposed upon him by law 
regulating the assessment and collection of taxes ; or if any County Audi- 
tor shall neglect or refuse to comply with the requirements of the law in 
the making up of his duplicate, or shall fail to file with the Comptroller 
G-eneral the abstracts, vouchers and settlement sheets within the time re- 
quired by law; if any County Treasurer, after being notified of his re- 
moval or suspension from office, shall fail to settle with the County 
Auditor and the Comptroller General, and pay over all State and 
County moneys in his hands to the officers entitled, by law to receive 
the same, within ten days after being so notified, he shall be deemed, 
and is hereby declared to be guilty of a misdemeanor, and, upon trial and 
conviction thereof, he shall be punished therefor by fine not exceeding five 
thousand dollars, or by imprisonment not exceeding five years, or both 
said punishments, in the discretion of the Court. 

Crim. Code, '12, § 579; Crim. Code, '02, § 422; G. S. 223; R. S. 335; 1882, XVII, 
1008. 



OF SOUTH CAROLINA 161 

(511) § 55. Treasurer to Keep Amount of Poll Tax — Penalty. — The 

several County Treasurers shall retain all the poll tax collected in their 
respective counties; and it is hereby made the duty of the said County 
Treasurer, in collecting the poll tax, to keep an account of the exact amount 
of said tax collected in each school district in his county; and the City 
of Charleston, for the purpose of this Section, shall be deemed a school 
district, and the County Treasurer shall pay over to the City Board of 
School Commissioners the amount of poll tax collected in said city ; and 
the poll tax collected therein shall be expended for school purposes in the 
school district from which it was collected ; and any violation of this Section 
by the County Treasurer shall constitute, and is hereby declared, a misde- 
meanor, and, on conviction thereof, the said County Treasurer shall pay 
a fine of not less than five hundred dollars nor more than five thousand 
dollars, to be used for school purposes in the county suffering from such 
violation, or imprisonment in the discretion of the Court. 

Criin. Code, '12, § 580; Crim. Code, '02, § 423; G. S. 1021; R. S. 336; 1878, XVI, 582. 

(512) § 56. Treasurer to Report to School Commissioner. — He shall, 
on the fifteenth day of each month, report to the School Commissioner 
of his county the amount of collections and disbursements made by him 
for the month on account of poll 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 less than five hundred dollars, the same to be used for school 
purposes in the county. 

Crim. Code, '12, § 581 ; Crim. Code, '02, § 424 ; G. S. 1022 ; R. S. 337 ; 1878, XVI, 584. 

(513) § 57. County Treasurer to Make Report to State Superin- 
tendent. — Each County Treasurer shall make out and forward to the 
State Superintendent of Education annually, on the first day of Novem- 
ber, 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 
forward the statement as herein required, the State Superintendent 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 of not more than five hundred dollars, the same to 
be used for free public school purposes in his county. 

Civ. '12, § 1774 ; Civ. '02, § 1225 ; 1896, XXII, 165. 

(514) § 58. Auditor to Report Polls, Etc.— Penalty.— It shall be the 
duty of each Auditor to state, in a separate column, the school district in 
which the taxpayer resides. At the expiration of the time prescribed by 
law to receive returns he shall make out and forward to the Board of 
Trustees of each school district within his county a correct list of the polls 
returned from their respective districts. When the School Trustees have 
reported to him the names of all persons who have failed or neglected to 
make returns, it shall be his duty to enter upon his books the names of all 

12 C L 



162 CRIMINAL CODE 

persons thus reported to liim, and he shall enter the names of said per- 
sons upon the tax duplicate furnished the County Treasurer. And any 
Auditor failing to comply with either or all of the provisions of this Sec- 
tion shall be deemed guilty of a misdemeanor, and, upon conviction before 
a Court of competent jurisdiction, shall be fined in a sum of not more 
than one hundred dollars, or be imprisoned for a term not exceeding thirty 
days. 

Crim. Code, '12, § 583; Crim. Code, '02, § 426; R. S. 339; 1890, XX, 718; ]891, XX, 
1049 ; 1892, XXI, IS. 

(515) § 59. County Officers Not to Issue Certificate of Debt. — ^It shall 
not be lawful for any State or county officer to issue any certificate of 
indebtedness : Provided, That this shall not apply to issuing of tickets to 
jurors or witnesses for their attendance upon the Circuit Courts. 

Crim. Code, '12, § 584; Crim. Code, '02, 427; G. S. 2565; R. S. 340; 1878, XVI, 584. 

(516) § 60. Exercising Ofllce of Trustee After Removal — Penalty. — 

If a Trustee of any school district, shall attempt to act or discharge the 
duties of either of said offices after he has been removed, or after his 
successor shall have qualified, he shall be deemed guilty of a misdemeanor, 
and, after conviction, be punished by a fine of not less than one hundred 
and one dollars, or imprisonment for not less than thirty days, or both, at 
the discretion of the Court. 
Crim. Code, '12, § 585 ; Crim. Code, '02, § 428 ; G. S. 1024 ; R. S. 341 ; 1878, XVI, 584. 

(517) § 61. Failure of School Commissioner or County Treasurer to 
Keep "General Cash Account." — The failure of any School Commissioner 
or any County Treasurer of this State, to keep a book of entry, in which 
shall be kept an account known as "general cash account," as required 
by law, shall be deemed a misdemeanor, and, on conviction thereof, he 
shall be subject to a fine of not less than two hundred dollars, or imprison- 
ment in the county jail for a period of not less than six months. 

Crim. Code, '12, § 586 ; Crim. Code, '02, § 429 ; G. S. 342 ; 1892, XXI, 81. 

(518) § 62, Removal of Certain Patients from State Hospital for 
Insane. — County Boa:rds of Commissioners, or the municipal authorities 
of the City of Charleston, failing or refusing to remove from the State 
Hospital for the Insane, after thirty days notice from the Superintendent 
thereof, a patient, a beneficiary from their county or their city, as the case 
may be, who is simply physically or mentally infirm, or is a harmless im- 
becile, idiot or epileptic, shall be deemed guilty of a misdemeanor, and, 
upon conviction thereof, shall be fined in the discretion of the Court, and 
the bond of such County Board of Commissioners shall be liable for the 
fine. 

Crim. Code, '12, § 587; Crim. Code, '02, § 430; R. S. 343; 1884, XVIII, 828. 

(519) § 63. Penalty for Committing Persons to State Hospital for 
Insane Without Physician's Certificate. — Any Probate Judge, committing 
to the State Hospital for the Insane a person without a medical certificate 
conforming to the requirements of the law, or a pauper lunatic not a 



OF SOUTH CAROLINA 163 

bona fide resident of this State, shall be deemed guilty of a misdemeanor, 
and, upon conviction, shall be fined, in the discretion of the Court. 

Crim. Code, '12, § 588 ; Grim. Code, '02, § 431 ; 1884, XVIII, 827 ; 1893, XXI, 481, 
509. 

(520) § 64. Physicians Not to Recommend Commitment of Idiots, 
Etc., Unless Violent. — Physicians giving a certificate recommending the 
commitment to the State Hospital for the Insane of a person who is simply 
idiotic, epileptic, physically infirm, or mentally imbecile, unless such person 
is violent or dangerous, shall be guilty of a misdemeanor, and, upon 
conviction thereof, shall be fined in the discretion of the Court. 

Crim. Code, '12, § 589 ; Crim. Code, '02, § 432 ; R. S. 345 ; 1884, XVIII, 827. 

(521) § 65. Jury Commissioners G-uilty of Fraud. — If any member 
of the Board of Jury Commissioners shall be guilty of fraud, either by 
practicing on the jury box previously to a draft, or in drawing a juror, 
or in returning into the jury box the name of any juror which had been 
lawfully drawn out, and drawing or substituting another in his stead, 
or in any other way in the drawing of jurors, he shall be punished by 
a fine not exceeding five hundred dollars, or be imprisoned not exceeding 
two years in the State Penitentiary. 

Crim. Code, '12, § 590 ; Crim. Code, '02, § 433 ; G. S. 2238 ; R. S. 346 ; 1871, XIV, 694. 

(522) § 66. Unlawful for Any Supervisor or County Commissioner 
to Sell to County. — It shall be unlawful for any Supervisor or any mem- 
ber of any Board of County Commissioners, during his term of office, to 
sell for public use to his county any lumber, stock, tools, materials or 
supplies of any description whatsoever, or to purchase from any cor- 
poration in which he holds stock. 

Any person violating this Section shall be deemed guilty of a misde- 
meanor, and upon conviction thereof, shall be punished by a fine of not 
less than fifty dollars nor more than two hundred dollars, or imprisoned 
for a term of not less than thirty days nor more than six months on 
the public works of the county. 

Crim. Code, '12, § 591; 1906, XXV, 113. 

(523) § 67. Penalty for Neglect of Duty as to Crossings by Super- 
visors. — If any of the County Supervisors neglect or fail to comply with 
any of the provisions of Chapter LII, Civil Code, applicable to County 
Supervisors, the County Supervisor so offending shall be liable to be 
indicted for neglect of duty, and, on conviction, fined in a sum not less 
than one hundred dollars nor more than five hundred dollars, and as a 
part of the judgment his office shall be declared vacant. 

Civ. '12, § 3239; Civ. '02, § 2148; G. S. 1497; R. S. 1701; 1882, XVII, 826. 

(524) § 68. Negligence of Officer. For any wilful violation or 
neglect of duty, malpractice, abuse or oppression, in towns or cities of 
over 1,000 inhabitants, the Mayor or Aldermen so offending shall be 
liable to punishment by a fine not exceeding one hundred dollars or im- 



164 CRIMINAL CODE 

prisonment not exceeding thirty days, besides, being liable for damages 
to any person injured by such neglect, malpractice, abuse or oppression. 
Civ. '12, § 2957; Civ. '02, § 1991; 1896, XXII, 67; 1901, XXIII, 649. 

(525) § 69. Failure of Fire Inspector to Do Duty a Misdemeanor 
— Penalties. — If the inspector shall fail to perform the duties required 
of him by law, or shall give a certificate of inspection without first mak- 
ing the inspection require.d by law, or shall improperly give a certificate 
of inspection, he shall be guilty of a misdemeanor, and, upon convic- 
tion, shall be fined not exceeding fifty dollars, or may be discharged from 
office. 

1920, XXXI, 910. 

(526) § 70. Hours of Firemen in Certain Cities — Penalty. — Any 

Mayor, Alderman, Intendant, Commissioner or member of any City or 
Town Council who violates the terms of Section (4650), Civil Code, 
shall be deemed guilty of a misdemeanor, and, upon conviction thereof, 
shall be fined in the sum of not less than one hundred ($100.00) dollars, 
nor more than five hundred ($500.00) dollars, or shall be imprisoned 
not less than thirty (30) days nor more than six (6) months, 
1919, XXXI, 648; 1920, XXXI, 784. 

(527) § 71. Municipal Officers in Certain Cities, Abuse of Office, 
Etc. — For any wilful violation or neglect of duty, malpractice, abuse or 
oppression, the Mayor or Aldermen in cities of over five thousand inhab- 
itants so offending shall be liable to punishment by 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. 

Crim. Code, '12, § 596; Crim. Code, '02, § 434; 1901, XXIII, 657. 

(528) § 72. Penalty on Officers of Certain Cities Interested in 
Contracts, Etc. — Any violation of the provisions of Section (4730), Civil 
Code, shall be a misdemeanor, punishable by a fine of not less than one 
hundred ($100.00) dollars nor more than five thousand ($5,000.00) dol- 
lars, or by imprisonment for not less than one (1) month nor more than 
five (5) years : Provided, however^ That the policemen and firemen, in 
uniform, shall have the right to free transportation upon any street tail- 
way within the limits of said city. 

Civ. '12, § 3083; 1911, XXVII, 25; 1914, XXVIII, 571. 

(529) § 73. Violation of Provisions as to Officers of Certain Cities. 

— Any violation of any of the provisions of Section (4746), Civil Code, 
shall be punished by fine not exceeding five hundred dollars or imprisoji- 
ment not exceeding one year. 
Civ. '12, § 3089; 1910, XXVI. 523. 

(530) § 74. Deposit of Official Funds by the State, County and Mu- 
nicipal Officers Regulated. — All State, county and municipal officers ,de- 
positing funds at interest in any bank or other depository shall account to 
the State, county or municipality, as the case may be, for all interest col- 
lected upon such deposits. 



OF SOUTH CAROLINA 165 

Any violation of this Section is declared a misdemeanor, punishable by 
fine or imprisonment, in the discretion of the Court. 

1915, XXIX, 56. 

(531) § 75. Convicts to Be Given Credit on Terms for Good Behavior. 

— Any person, now or hereafter, serving a sentence imposed by any Court 
of competent jurisdiction for six months or more, life sentence excepted, 
either in the State Penitentiary or any county jail, or upon the public 
works of any county, shall be entitled to have one-tenth of such sentence 
deducted at the end thereof for good behavior. 

2. Penalty. — Any officer having charge of such convict, who shall refuse 
to allow such deduction in time of serving sentence, shall be guilty of a 
misdemeanor, and shall, upon conviction, suffer imprisonment for not less 
than thirty days, or pay a fine of not less than one hundred dollars. 

1914, XXVIII, 617. 

(532) § 76. Payment of Fines in Barnwell County — Acceptance of a 
Fine by Any Officer Other Than the Clerk of Court a Misdemeanor. — 

It shall be a misdemeanor for any officer of Barnwell County except the 
Clerk of the Court of General Sessions or his deputy, to accept payment 
of a fine or any part thereof, either as agent of the party paying the same 
or otherwise and all fines shall be paid direct to the said Clerk of Court : 
Provided, That prior to the commencement of actual service of sentence 
and prior to service of notice of appeal from judgment or sentence of a 
Magistrate such Magistrate may accept payment of fines imposed in his 
Court. 

1916, XXIX, 965. 

(533) § 77. In Greenwood County Fine in Certain Cases to Be Paid 
to Magistrates Who Are to Issue Discharges — Proviso. — It shall be unlaw- 
ful in Greenwood County for the County Supervisor, Sheriff or other 
officer in charge of the county chaingang or county jail, to release any 
convict who has been sentenced to the county chaingang or the county 
jail with the alternative of a fine and has begun the service of said sentence 
on the said chaingang or in the said jail, upon the payment of the fine 
imposed unless the said fine be paid to the committing Magistrate 
and a discharge of said convict be issued by said Magistrate : Provided, 
That in cases arising in the Court of General Sessions the fine shall be 
paid to and the discharge issued by the Clerk of Court. 

1916, XXIX, 745. 

(534) § 78. Rural Policeman Not to Collect Fees in Certain Cases. — 

It shall be unlawful for any Rural Policeman in this State to accept or 
receive any fee or reward for making any collection of any debt, or fore- 
closing any chattel mortgage, bill of sale or any other lien, or for com- 
promising criminal cases. 

2. Penalty — May Collect Delinquent Taxes. — Any Rural Police- 
man within this State who shall violate the provisions of this Section shall 
be subject to a fine of not less than $25 nor more than $100, or imprison- 
ment for a period of not less than 20 days nor more than 30 days, and shall 



166 CEIMINAL CODE 

have his commission revoked by the officer issuing same : Provided, Noth- 
ing shall prohibit any Rural Policeman from collecting delinquent taxes. 
1916, XXIX, 656. 

(535) § 79. Clerk to Have Charge of the Court House — ^Penalty for 
Keeping Open at Night. — Every Clerk shall have charge of the Court 
House within his county; open the same, when required for public use, 
and at all other times keep it closed ; and for every night any Court 
House shall be kept open, the Clerk shall be liable to a penalty of five 
dollars, for the use of the county, to be recovered by indictment. 

Civ. '12, § 1307 ; Civ. '02, § 909 ; G. S. 730 ; R. S. 781 ; 1839, XI, 101, § 6. 

(536) § 80. Penalty for Failure to Satisfy Mortgage.— Any Clerk 
or other officer wilfully violating Section (5230), Civil Code, shall, on 
conviction, be fined not more than one hundred ($100.00) dollars, or be 
imprisoned not more than thirty days, in the discretion of the Court, and 
it shall be the duty of the Solicitor of each Circuit to see that the law is 
complied with or to forthwith prosecute the violators. 

Civ. '12, § 3466 ; 1910, XXVI, 587 ; 1911 ; XXVII. 164 ; 1912. XXVII, 628. 

(537) § 81. Duty of County Treasurer of Clarendon County — Neglect 
a Misdemeanor. — The County Treasurer shall collect and receipt for the 
tax in Section (1260) of the Civil Code, as provided for, and his failure, re- 
fusal or neglect to do so shall be deemed a misdemeanor and punishable by- 
fine or imprisonment, in the discretion of the Court, in addition to the 
penalties now provided by law. 

1921, XXXII, 59. 

(538) § 82. Overcharge by Cotton Weighers for Saluda County a Mis- 
demeanor — Penalty. — Any Cotton Weigher in Saluda County charging 
as compensation for his services in weighing cotton in excess of the 
amount fixed in Section (3361) of the Civil Code shall be, for 
each offense, deemed guilty of a misdemeanor, and, upon conviction, 
shall be fined in a sum of not less than five ($5.00) dollars nor more than 
twenty-five ($25.00) dollars, or imprisoned for not more than thirty 
(30) days. 

1921, XXXII, 260. 

(539) § 83. Municipal Officers Interested in Certain Contracts and 
Receiving Certain Favors. — No officer or employee elected or appointed 
in any city of more than twenty thousand and less than fifty thousand in- 
habitants, which shall have adopted the form of government prescribed 
in Article IX, Chapter LI, of A'^olume III, Code of Laws of South Carolina, 
shall be interested, directly or indirectly, in any contract or job for work 
or materials or the profits thereof, or any services to be furnished or 
performed for the city, or for any person, firm or corporation operating 
interurban or street railways, waterworks, gas works, electric light or power 
plant, heating plant, telegraph or telephone system, or other public utility 
within the territorial limits of said city or doing business or proposing 
to do business in said city. No such officer or employee shall accept or 
receive, directly or indirectly, from any person, firm or corporation operat- 



OF SOUTH CAROLINA 167 

ing within the territorial limits of said city any such public utilities com- 
pany or other business under a public franchise, any frank, free tickets or 
free service, or any other service upon terms more favorable than are granted 
to the public generally, or request or induce the granting of any such 
favor to any other person. Any violation of the provisions of this Section 
shall be a misdemeanor, punishable by a fine of not less than one hundred 
($100) dollars nor more than five thousand ($5,000) dollars, or by imprison- 
ment for not less than one (1) month nor more than five (5) years: Pro- 
vided, however, That the policemen and firemen in uniform shall have the 
right to free transportation upon any street railway within the limits of 
said city, 

Crim. Code, '12, § 275 ; 1910, XXYI, 531. 

(540) § 84. Penalty for Violation by County Supervisor of Civil 
Code, Sections (130) to (144). — Any County Supervisor failing or re- 
fusing to comply with the provisions of Sections (130) to (144) of the' 
CiAdl Code, as to the insurance of public buildings, shall be guilty of a mis- 
demeanor, and, upon conviction thereof, he shall be fined in a sum not less 
than fifty dollars nor more than one hundred dollars, or imprisoned not less 
than twenty nor more than thirty days. 

Crim. Code, '12, § 592 ; 1902, XXIII, 967. 

(541) § 85. Failure to Furnish Reports.— The failure of any of the 
Supervisors or County Commissioners to publish quarterly reports, re- 
quired by Section (1067) of the Civil Code, shall be a misdemeanor, 
punishable by fine or imprisonment, or both, within the discretion of 
the Court. 

Crim. Code, '12, § 594; 1902, XXIII, 983. 

(542) § 86. Violation by Officer of Hampton County of Govern- 
mental Duties. — Any County Commissioner or other officer of Hamp- 
ton County, who shall violate the provisions of Sections (1619) to (1627), 
both inclusive, of the Civil Code, relating to the County Government of 
Hampton County, shall be deemed guilty of a misdemeanor, and shall be 
removed from his office by the Governor of this State and, upon trial and 
conviction, shall be punished by a fine of not less than two hundred dol- 
lars, or by imprisonment for not less than three months. 

Crim. Code, '12, § 595 ; 1908, XXV, 1207. 

(543) § 87. Penalty for Refusal or Neglect of Overseer to Perform 
Duties. — Each and every overseer who shall neglect or refuse to per- 
form the several duties enjoined on him by law, or who shall, under any 
pretense whatever, give or sign any receipt or certificate purporting 
to be a receipt or certificate for labor in work performed, or money paid, 
unless the labor shall have been performed or money paid prior to giving 
or signing of such receipt or certificate, shall forfeit for every such offense 
not less than ten dollars nor more than fifty dollars, to be recovered by 
an action before any Magistrate of the county having jurisdiction ; and it 
is hereby made the duty of the Township Board of Commissioners to pros- 
ecute all offenses against the provisions of this Section: Provided, That 
if any overseer conceives himself aggrieved by the judgment of such Mag- 



168 CRIMINAL CODE 

istrate, he may, on giving" sufficient security, in double the sum of the 
judgment found against the party offending, to said Magistrate for the 
payment of the cost, appeal to the Court of Common Pleas, which shall 
make such order therein as to it may appear just and reasonable. 
Crim. Code, '12, § 646; 1896, XXII, 234; 1902, XXIII, 1006. 

(544) § 88. Printing Clerk — Punishment for Misconduct. — If the 

Printing Clerk, in any manner, directly or indirectly, violate the pro- 
visions of Section (50), Civil Code, he shall be deemed guilty of a misde- 
meanor, and, upon conviction thereof, he shall be fined or imprisoned in 
the discretion of the Court. 
1916, XXIX, 709. 

(545) § 89. Penalty for Misuse of Appropriations in Barnwell County. 

— Any person or officer violating Section (1220), Civil Code, shall be 
subjected to the penalty imposed by Section (457) of the Co4e of Laws 
of South Carolina, 1922, Volume II (Criminal Code) : Provided, further, 
That in the disbursement of the general or contingent fund, the consent 
of the Senator and majority of the members of the House of Representa- 
tives shall first be obtained. 
1916, XXIX, 847. 

(546) § 90. Failure to Apportion and Properly Disburse Road Tax. 

— Any person who shall violate the provisions of Section (2939) of the 
Civil Code, in reference to the apportionment and disbursement of special 
road taxes, shall be deemed guilty of a misdemeanor, and, upon conviction, 
shall be punished by a fine of not less than five dollars nor more than thirty 
dollars or by imprisonment for not less than ten days nor more than thirty 
days for each and every offense, either or both, at the discretion of the 
Court. 

Crim. Code, '12, § 632; Crim. Code, '02, § 456; 1897, XXII, 421; 1898, XXII, 739. 

(547) § 91. Duties of Health Officer of Greenville County.— Any 

person or persons not complying with the provisions of Sections (2328) 
to (2331), Civil Code, shall be subject to a fine of not less than five 
($5.00) dollars and not more than ten ($10.00) dollars, or be made to 
serve not less than five days and not more than fifteen days on the county 
chaingang. 

1918, XXX, 747, 

(548) § 92. Penalty for Violating Laws as to Sinking Fund in Union 
County. — For refusing to carry out any of Sections (1973) to (1992), 
Civil Code, relating to the Sinking Fund Commission, the officer so 
refusing shall be guilty of a misdemeanor, and, on conviction, shall for- 
feit his office and also be punished by imprisonment of not exceeding 
five years in the State Penitentiary, or by fine not exceeding $1,000. 

1912, XXVII, 756. 

(549) § 93. Penalty for Breach of Trust by Sinking Fund Commission 
in Union County. — For any breach of the trust in Sections (1973) to 
(1992), Civil Code, created, the Commissioners found guilty shall be pun- 



OF SOUTH CAROLINA 169 

ished not exceeding five years in the State Penitentiary, or by fine not ex- 
ceeding $5,000. 

1912, XXVII, 756. 

(550) § 94. When County Commissioner of Beaufort County Guilty 
of Misdemeanor. — If, in the judgment of said Board of County Com- 
missioners, any such person, firm or corporation shall sell any alcoholic 
liquors, in violation of law, if such violation shall be proved in any Court, 
the said Board of County Commissioners shall revoke the license of said 
person, firm or corporation. Any member of said Board who shall refuse 
or fail to carry out the provisions of Article III, Chapter XLIV, Civil 
Code, shall be guilty of a misdemeanor, and, upon conviction thereof, 
shall be fined at the discretion of the trial Judge. 

1913, XXVIII, 343 ; 1914, XXVIII, 530 ; 1915, XXIX, 576. 

(551) § 95. Certain Claims Not to Be Paid in Beaufort County — 
Penalty. — The Supervisor of the County of Beaufort shall not draw his 
warrant on the County Treasurer to pay any claim which may be approved 
by a Board of County Commissioners, any of whom have been appointed 
without the recommendation and approval of the Senators and members 
of the House of Representatives of said county. Any violation of this 
provision by the Supervisor of Beaufort County is hereby declared to be a 
misdemeanor, and, on conviction thereof, the Supervisor shall be punished 
by a fine of not exceeding two hundred dollars or by imprisonment not 
exceeding one year, or by both, in the discretion of the Court. 

1912, XXVII, 560. 

(552) § 96. Misdemeanor for Overseer to Fail to Perform Duties in 
Barnwell County. — Any one who accepts the position of overseer in 
Barnwell County, and when directed by the Commissioners, shall fail or 
refuse to perform his duties as overseer, shall be guilty of a misdemeanor, 
and, upon conviction, be sentenced to pay a fine of not less than ten dollars 
nor more than fifty dollars, or be confined at hard labor upon the public 
works of the county for a period of thirty days. 

Civ. '12 § 1992; 1911, XXVII, 175. 

(553) § 97. Misdemeanor for Officer of Cherokee County to Violate 
Provisions of Civil Code. — Any County Commissioner, the Supervisor or 
other ofiicer herein mentioned, who shall violate any of the provisions of 
Sections (1310) to (1315), Civil Code, shall be deemed guilty of a misde- 
meanor, and, upon conviction, shall be punished by fine of not less than 
one hundred dollars or to imprisonment not over thirty days, and, upon 
the recommendation- to do so by a majority of the County Delegation in 
the General Assembly, such Township Commissioner shall be removed from 
office by the Governor. 

1913, XXVIII, 122; 1914, XXVIII, 628; 1918, XXX, 817. 

(554) § 98. Penalty for Officer of Fairfield County Failing to Report. 

— Any failure or refusal to make reports required by Section (1508), 
Civil Co;de, by such officers is hereby declared to be nonfeasance in office; 



170 CRIMINAL CODE 

and upon conviction therefor the offender shall be punished by fine or 
imprisonment in the discretion of the Court. 
1919, XXXI, 56. 

(555) § 99. Penalty for Overseers in Lexington County. — Any 

road overseer in said county when appointed as provided in Sections 
(1723) to (1727), Civil Code, who shall fail, refuse or neglect to perform 
the duties required of him under the provisions of said Sections upon con- 
viction shall pay a fine of not less than ten dollars or more than twenty- 
five dollars, or be imprisoned on the public works of Lexington County 
for a period of not less than ten days nor more than thirty days. 
1913, XXVIII, 168. 

(556) § 100. County Supervisor of Jasper County to Publish State- 
ment of Claims Paid — Noncompliance a Misdemeanor — Penalty. — The 

Supervisor of Jasper county be, and he is hereby, required to publish, 
quarterly, an itemized statement of all claims paid by Jasper county in 
some paper published in Jasper County: Provided, That if there is 
no paper published in Jasper County the Supervisor of said county be, 
and he is hereby, required to mail, quarterly, said statement to each 
and every qualified elector in said county. The Supervisor is hereby em- 
powered to pay the expenses of the publishing or mailing of such state- 
ment, as the case may be, out of the funds of the county. If the Super- 
visor shall fail to comply with the provisions of this Section he shall 
be deemed guilty of a misdemeanor, and, upon conviction thereof, shall 
be fined not less than five hundred ($500.00) dollars nor more than 
one thousand ($1,000.00) dollars. 
1921, XXXII, 48. 

(557) § 101. Unlawful for Disbursing- Officers to Exceed or Transfer 
Appropriations — Proviso — Violation Misfeasance — Suspension by Gov- 
ernor — Penalty Upon Conviction. — It shall be unlawful for any officer, 
clerk, or other person charged with disbursements of funds appropriated 
by the Legislature of South Carolina, either county funds or State funds, 
to exceed the amounts and purposes stated in said appropriations, or 
to change or shift appropriations from one item to another : Provided, 
That transfers may be authorized by the General Assembly in any 
County Supply Act or the annual Appropriation Act for the State. Any 
officer, clerk, or other person violating the provisions of this Section 
shall be deemed guilty of malfeasance in office, and the Governor may, 
upon his attention being brought to same, at once suspend said officer 
and shall investigate the conduct of same, and, if found guilty, he shall 
be suspended by the Governor, and in addition to such suspension, shall 
be deemed guilty of a misdemeanor, and, upon conviction thereof, shall 
be fined or imprisoned within the discretion of the Court. 

1921, XXXII, 117. 



OF SOUTH CAROLINA 171 

CHAPTER X. 

Cruelty to Animals. 

(558) § 1. Cruelty to Animals. — Whoever shall wilfully abuse 
or cruelly treat any horse, mule, or draught animal or beast of burden, 
shall, upon conviction thereof before any Court of competent jurisdiction, 
suffer imprisonment for fifteen days, or pay a fine of fifteen dollars. 

Crim. Code, '12, § 909 ; Crim. Code, '02, § 623 ; G. S. 2525 ; R. S. 505 ; 1878, XVI, 492. 

(559) § 2. lUtreatment of Animals. — Whoever overloads, overdrives, 
overworks, tortures, torments, needlessly mutilates, cruelly kills, illtreats, 
or whoever deprives of necessary sustenance or shelter, or whoever inflicts 
unnecessary pain or suffering upon any animal, or whoever causes the same 
to be done, whether such person be the owner thereof or have the charge or 
custody of the same, shall, for every such offense, be guilty of a mis- 
demeanor, and be punished by imprisonment in jail not exceeding thirty 
(30) days, or by a fine not exceeding one hundred dollars. 

Crim. Code, '12, § 910 ; Crim. Code, '02, § 625 ; G. S. 1703 ; R. S. 507 ; 1881, XVII, 
573 ; 1883, XVIII, 388. 

(560) § 3. Cruel Work, Abandonment, Etc., Misdemeanor. — Every 
owner, possessor, or person having the charge or custody of any animal, 
who cruelly drives or works the same when unfit for labor, or cruelly 
abandons the same, or who carries the same, or causes the same to be carried, 
in or upon any vehicle, or otherwise, in an unnecessarily cruel or inhuman 
manner, or knowingly or wilfully authorizes, or permits the same to be 
subjected to unnecessary torture, suffering, or cruelty of any kind, shall, 
for every such offense, be guilty of a misdemeanor, and shall be punished 
for every such offense in the manner prescribed in Section (559). 

Crim. Code, '12, § 911 ; Crim. Code, '02, § 626 ; G. S. 1704 ; R. S. 508 ; 1881, XVII, 
573. 

Convicted on evidence from wliicli it might be inferred the owner permitted an animal to be 
cruelly -worked, with knowledge that it was then unfit for labor. State v. Browning, 70 S. C. 466, 
50 S. E. 185. 

(561) § 4. Overloading and Confinement of Animals on Railroad 
Cars. — No railroad company, in the carrying or transportation of animals, 
shall overload the cars, nor permit the animals to be confined in cars for a 
longer period than twenty-eight consecutive hours, without unloading the 
same for rest, water, and feeding, for a period of at least five consecutive 
hours, unless prevented from so unloading by storm or other accidental 
causes beyond the control of such railroad company. In estimating such 
confinement, the time during which the animals have been confined with- 
out such 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 con- 
tingencies hereinbefore stated. Animals so unloaded shall be properly 
fed, watered and sheltered during such rest by the owner or person having 
the custody thereof, or in case of his default in so doing, then by the 
railroad company transporting the same, at the expense of the owner or 
person in custody thereof ; and the said company shall, in such case, have 



172 CRIMINAL CODE 

a lien upon such 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 offense, be liable for and forfeit and pay a penalty of not less than 
fifty nor more than five hundred dollars, in any Court of competent juris- 
diction: 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. 

Grim. Cede, '12, § 912 ; Crim. Code, '02, § 627 ; G. S. 1705 ; R. S. 509 ; 1881, XVII, 
573. 

(562) § 5. Arrest for Violation Made With or Without Warrant. — 

Any person violating the laws in relation to cruelty to animals may be 
arrested and held, without warrant, in the same manner as in the case 
of persons found breaking the peace; and the person making the arrest, 
with or without warrant, shall use reasonable diligence to give notice 
thereof to the owner of the animals found in the charge or custody 
of the person arrested, and shall properly care and provide for such 
animals until the owner thereof shall take charge of the same : Pro- 
vided, The owner shall take charge of the same within fifteen days from the 
date of such notice. And the person making such arrest shall have a lien on 
said animals for the expense of such care and provision. 

Crim. Code, '12, § 913; Crim. Code, '02, § 628; G. S. 1706; R. S. 510; 1881; XYII, 
574. 

(563) § 6. When Search Warrant May Be Issued. — ^When complaint 
is made on oath or affirmation, to any Magistrate authorized to issue war- 
rants in criminal cases, that the complainant believes, and has reason- 
able cause to believe, that the laws in relation to cruelty to animals have 
been or are being violated in any particular building or place, such Magis- 
trate, if satisfied that there is reasonable cause for such belief, shall issue 
a search warrant authorizing any Sheriff, Deputy Sheriff, Deputy State 
Constable, Constable, or Police Officer, to search such building, or place ; 
but no such search shall be made after sunset, unless specially authorized 
by the Magistrate, upon satisfactory cause shown. 

Crim. Code, '12, § 914 ; Crim. Code, '02, § 629 ; G. S. 1707 ; R. S. 511 ; 1881, XVII, 
574. 

(564) § 7. Meaning of "Animal"' and "Owners."' — In this Chapter 
the words "animal" or "animals" shall be held to include all brute crea- 
tures; and the words "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 regard 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. 

Crim. Code, '12, § 915; Crim. Code, '02, § 630; G. S. 1708; R. S. 512. 

(565) § 8. Officers to Arrest Persons Accused of Cruelty to Animals. 

— It shall be the duty of all Sheriffs, Deputy Sheriffs, Deputy State Con- 



OF SOUTH CAROLINA 173 

stables, Constables and Police Officers, and one Deputy for each Township, 
who shall be appointed by the Sheriff of each county, to prosecute all vio- 
lations of the provisions of this Chapter which shall come to their notice 
or knowledge, and the Township Deputy shall have the illtreated or injured 
animal in evidence at the prosecution, when brought by him, and he shall 
have authority to bring, or cause to be brought, such animal or animals; 
and all fines collected upon complaint or information for violation of this 
Chapter, shall inure and be paid over, one-half to the South Carolina 
Society for the Prevention of Cruelty to Animals, in aid of the benevolent 
objects for which it was incorporated, and in case such prosecution is 
brought by the Township Deputy, one-half of the fund collected shall be 
paid to him, and the other one-half to the county for general county 
expenses, except in towns or cities where there is a Society for the Pre- 
vention of Cruelty to Animals, when one-half goes to the said society as 
aforesaid provided. 

Crim. Code, '12, § 916 ; Crim. Code, '02, § 631 ; G. S. 1709 ; R. S. 513 ; 1905, XXIV, 
952. 

(566) § 9. Fines, Penalties, Costs, a Lien.— ^All penalties, fines and 
costs incurred by reason of violations of Section (559) to (562), inclusive 
shall constitute and be a lien upon such animal or animals so cruelly 
used. 

Ci-im. Code, '12, § 917 ; Crim. Code, '02, § 632 ; G. S. 1710 ; R. S. 574 ; ISSl, XVII, 
575. 

(567) § 10. Authority of Society for Prevention of Cruelty to Animals 
to Destroy Animals. — A person, being the owner or possessor, or having 
charge or custody, of a maimed, diseased, disabled or infirm animal, in any 
town or city of this State, who abandons such animal or leaves it to die in 
a street, road, highway or public place, more than three hours after he 
receives notice that it is left disabled, is guilty of a misdemeanor, and shall 
be punished hy a fine not exceeding one hundred dollars, or imprisonment 
not exceeding thirty days. Any agent or officer of the South Carolina 
Society for the Prevention of Cruelty to Animals, and any society duly 
incorporated for that purpose, may lawfully destroy, or cause to be 
destroyed, any animal found abandoned and not properly cared for, appear- 
ing the judgment of two reputable citizens called by him to view the 
same in his presence, to be glandered, injured or diseased past recovery 
for any useful purpose. When any person arrested is, at the time of such 
arrest, in charge of any animal or any vehicle drawn by or containing 
any animal, any agent of said society may take charge of such animal 
and of such vehicle and its contents, and deposit the same in a safe place 
of custody, or deliver the same into the possession of the police or Sheriff 
of the county or place wherein such arrest was made, who shall thereupon 
assume the custody thereof; and all necessary expenses incurred in taking 
charge of such property shall be lien thereon. 

Crim. Code, '12, § 918; Crim. Code, '02, § 633; 1899, XXIII, 99; 1907, XXV, 484. 



174 CRIMINAL CODE 

CHAPTER XI. 

Violation of the Provisions in Regard to Highways. 

(568) § 1. Highway Suddenly Obstructed. — AVhen any highway 
shall be suddenly obstructed by storm or otherwise, so as to require 
immediate labor to remove said obstruction, if any person liable to work 
on highways, after being summoned for the purpose of removing such 
obstruction by the order of the overseer, shall neglect to turn out and 
assist in opening and repairing such highways, he shall be deemed guilty of 
a misdemeanor, and, upon conviction thereof in any Magistrate's Court, 
shall be fined three dollars per day, said fine to be collected and expended 
in the repair of highways where and when necessary in his district. 

Crim. Code, '12, § 597 ; dim. Code, '02, § 435 ; G. S. 10S6 ; R. S. 347. 

(569) § 2. Penalty for Not Furnishing Toll Bridges With Lights.— 

Every toll bridge within this State shall be furnished at night, by the 
owners of the franchise or the keepers of the said bridges, respectively, 
with sufficient light or lights to enable persons traveling over the same 
to see their way and to avoid danger. 

Any person violating the provisions of this Section shall be deemed 
guilty of a misdemeanor. 

Crim. Code, '12, § 599 ; Crim. Code, '02, § 437 ; G. S. 1111 ; R. S. 349 ; ISSl, XVII, 
579. 

(570) § 3. Persons Not to Transport Passengers Within Mile of 
Established Ferry — Proviso — Penalty. — If any person or persons living 
within the space of one mile of any established ferry in any part of this 
State shall, for any fee, toll or reward whatsoever, transport any person, 
goods or cattle from one side only to the other of that river where any 
such established ferry shall be kept, the person taking any such fee, toll or 
reward shall forfeit and pay to the proprietor of the ferry next adjacent 
to the place where such fare was taken up, treble the value of the fee, 
toll or reward given, paid or promised, to be recovered by warrant, under 
the hand and seal of one Magistrate, or be imprisoned in the county jail 
for a period of not exceeding thirty days, any law, usage or custom to the 
contrary notwithstanding: Provided, always, That in case any passenger 
shall be detained more than half an hour at any such ferry, then any per- 
sons living near such ferries may be at liberty to transport them, any- 
thing herein to the contrary notwithstanding. 

Crim. Code, '12, § 614 ; Crim. Code, '02, § 440 ; G. S. 1124 ; R. S. 351 ; 1741, XI, 123 ; 
1875, XV, SOS. 

(571) § 4. Misdemeanor to Delay Passenger One Hour at Ferries. — 

All managers and keepers of public ferries shall afford applicants imme- 
diate passage across the ferry at all hours, day and night, at the usual 
fees and charges. Every ferryman or ferry keeper of any public ferry, 
who, by absence from the ferry, or by negligence, cause the detention and 
delay, at the ferry, of any hona fide applicant for passage at such ferry for 
the space of one hour or more, shall, upon conviction, be deemed guilty of 
a misdemeanor, and shall, upon conviction, be fined five dollars, or im- 



OF SOUTH CAEOLINA 175 

prisoned thirty days, for each offense : Provided, This Section shall not 
apply to steam or free ferries. 

Crim. Code, '12, § 616 ; 1904, XXIV, 444. 

(572) § 5. Proprietors of Bridges Liable to Indictment for Not 
Keeping Up Their Work — Penalties Recovered — How to Be Applied. — 

The proprietor or proprietors of every bridge or turnpike road now con- 
structed, or hereafter to be constructed by the authority of the Legisla- 
ture, shall be liable to indictment at common law for not keeping their 
respective works in such condition as to answer the ends of their creation. 
All the penalties which may be recovered for offenses against owners of 
bridges or turnpikes shall be paid one-half to the informer and the other 
half to the corporation or individual or individuals owning the works 
respecting which the said offenses shall have been committed. 

Crim. Code, '12, § 618; Crim. Code, '02, § 443; G. S. 1131, 1132; R. S. 354; 1827. 
VI, 315. 

Requires bridge to be kept in condition to meet traffic now to be expected. State v. Charleston 
Bridge Co., 113 S. C. 116, 101 S. E. 657; Sentence — lb. 115 S. C. 234, 105 S. E. 349. 

(573) § 6. Fine for Neglect of Posting Rates of Charges, Etc. — 

Managers and attendants of all public ferries and bridges having the priv- 
ilege by law to charge toll for the passage of persons, animals, vehicles 
or other goods, shall cause the rates chargeable for such passage to be 
posted in legible letters or characters in some conspicuous place, stating 
the amount to be paid, so as to be read for information without incon- 
venience, at the approach to such ferry or bridge. Any neglect of the 
duties prescribed in this Section, or any toll exacted at higher rates than 
may be allowed by law, shall, upon conviction of the parties so neglecting 
before any Magistrate, be punishable by a fine of not less than ten nor 
more than fifty dollars, which fine shall be paid to the Treasurer of the 
county for the use of the county where such ferry or bridge may be 
situated. 

Crim. Code, '12, § 619 ; Crim. Code, '02, § 444 ; G. S. 1136 ; R. S. 355 ; 1783, IX, 274 ; 
1814, IX, 478 ; 1822, IX, 520 ; 1823, IX, 528 ; 1869, XIV, 206. 

(574) § 7. Fords Not to Be Obstructed. — No keeper of any ferry or 
toll bridge, or other person, shall, upon any pretense whatsoever, stop 
up or obstruct any fording or crossing place on any river or creek within 
this State, with a view to compel any person or persons to cross over 
any ferry or toll bridge, under the penalty of two dollars and fifty cents, 
to be recovered before the nearest Magistrate, or in default of the payment 
thereof, to be imprisoned not more than ten days nor less than one day for 
every person or persons so prevented from passing over such fording or 
crossing place. 

Crim. Code, '12, § 620 ; Crim. Code, '02, § 445 ; G. S. 1138 ; R. S. 356 ; 1791, IX, 336. ■ 

(575) § 8. Penalty for Injuring Mile Post. — Any person or persons 
who shall cut down, burn or deface any mile post or stone, erected b}^ the 
County Commissioners or County Supervisor of any county, he, she, or 
they, upon conviction thereof, shall forfeit and pay the sum of ten dol- 



176 CRIMINAL CODE 

lars, to be recovered by indictment or information before any Court of 
competent jurisdiction. 

Crim. Code, '12, § 621; Ciim. Code, '02, § 446; G. S. 1065; R. S. 357; 1S71, XIV, 666. 

(576) § 9. Wilfully Demolishing or Altering Guide Posts. — If any 

person shall wilfully demolish, throw down, alter, or deface any guide 
board, every person so offending shall, upon conviction thereof before any 
Magistrate of the proper county, be fined in a sum not exceeding ten dol- 
lars and the cost of suit, or be sentenced to labor on the public works of 
the county for a term of not more than thirty days, and the money, when 
collected, shall be by the Magistrate collecting the same paid over to the 
County Treasurer, 

Crim. Code, '12, § 622 ; Crim. Code, '02, § 447 ; 1S96, XXII, 233. 

(577) § 10. Penalty for Neglect of Posting and Numbering Roads. — 

The County Board of Commissioners of any county neglecting to cause the 
public highways in their county to be posted and numbered, and to have 
pointers erected at each fork of said highways declaring the direction of 
such highways, shall be liable to pay the sum of ten dollars for each and 
every said neglect, to be recovered by indictment in the Court of General 
Sessions of the county wherein the same occurs, to be collected and paid to 
the Treasurer of such county for the use of such county: Provided, That 
no County Commissioner shall be liable to said penalty who shall put said 
pointer at such times as he shall have his division of roads worked. 

Crim. Code, '12, § 623 ; Crim. Code, '02, § 448 ; G. S. 1066 ; R. S. 35S ; 1S71. XIY. 666. 

(578) § 11. Penalty for Driving Fast. Etc., Over Bridges. — Xo person 
shall drive, lead, or, having charge thereof, shall permit any carriage, 
animal or other thing to travel over or on any bridge more than ten feet 
'long, now constructed, 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 ]\Iagistrate of the county, pay a fine not 
exceeding ten dollars nor less than five dollars. 

Crim. Code, '12, § 600 ; Crim. Code, '02, § 438 ; G. S. 1112 ; R. S. 850 ; 1827, VI, 314. 

Applies to bridges built under the general law. Culbertson v. Abbeville County, 70 S. C. 457, 50 
S. E. 33. 

(579) § 12. All Traveling to Be on the Right of the Center. — Every 
person, carriage, animal, or other thing, traveling, or passing on or over, 
any turnpike road, public highway, causeway or bridge, now constructed, 
or hereafter to be constructed, laid out or opened according to law, shall 
keep entirely on the right of the center of the said road, public highway, 
causeway, or bridge, so as not to obstruct the passage of any other person, 
carriage, animal, or thing, on the other side of the center thereof. And 
every person who shall drive, lead, or, having charge thereof, shall permit 
any carriage, animal or other thing to travel on such road, public highway, 
causeway or bridge contrary to this provision, shall, on conviction thereof 
before any Court of competent jurisdiction, pay a fine not exceeding ten 
dollars nor less than two dollars, or in default of the payment thereof, be 



OF SOUTH CAEOLINA 177 

imprisoned not more than ten days nor less than one day, and be further 
liable for all damages occasioned thereby. 

Crim. Code, '12, § 617 ; Crirn. Code, '02, § 442 ; G. S. 1130 ; R. S. 353 ; 1899, XXIII,' 
101. 

(580) § 13. Careless Riding and Driving on Public Roads. — ^It shall 
be unlawful for any person to ride or drive any horse or mule or bicycle, 
automobile and locomobile, upon any street or alley in any city or town 
or any public highway of this State, in a wilfully careless or reckless 
manner. Any person convicted of violation of this Section shall be pun- 
ished by a fine not exceeding one hundred dollars, or by imprisonment not 
exceeding thirty days. 

Crim. Code, '12, § 612 ; Crim. Code, '02, § 439 ; 1901, XXIII, 747. 

(581) § 14. Running of Motor Vehicle Regulated. — No person shall 
operate a motor vehicle on a public highway at a rate of speed greater 
than is reasonable and proper at the time and place, having regard to 
the traffic and use of the highway, and its condition, or so as to endanger 
the life, limb or property of any person, or in any event at a greater rate 
than twenty-five miles an hour, subject, however, to the other provisions 
in Sections (582) to (586), inclusive. 

Crim. Code, '12, § 601 ; 190o, XXIV, 965 ; 191S, XXX, 716. 

(582) § 15. Duty of Person Operating Motor Vehicle. — Upon approach- 
ing a crossing of intersecting public highways, or a bridge, or a sharp 
curve, or a steep descent, and also in traversing such crossing, bridge, 
curve or descent, a person operating a motor vehicle shall have it under 
control, and operate it at the rate of speed no greater than six miles an 
hour, and in no event greater than is reasonable and proper, having regard 
to the traffic then on such highway and the safety of the public. 

Crim. Code, '12, § 602 ; 1905. XXIV, 965. 

Chero-Cola Bottling Co. v. S. C. L. P. & R. Co. 104 S. C. 214, 88 S. E. 534. Does not applv to 
railroad crossings. Dobbins v. S. A. L. Ry. Co. 108 S. C. 254, 93 S. E. 932. 

(583) § 16. Duty of Person Operating Motor Vehicle on Approaching 
a Horse. — Upon approaching a person walking in the roadway of a public 
highway or a horse or other draft animals, being ridden or driven thereon, 
a person operating a motor vehicle shall give warning of its approach 
by signaling with a horn, bell or otherwise not calculated to frighten such 
animals, and use every reasonable precaution to insure the safety of such 
person or animals, and, in the case of horses or other draft animals, to 
prevent frightening the same, and at once reduce the speed at which such 
vehicle is being operated and hold same under control, and if such horses 
or other draft animals appear frightened, to reduce the speed to not more 
than one-half the speed permitted by Section (582), and bring same to 
stop if apparently necessary for the safety of such person or animal, having 
due regard to safety of passengers in such motor vehicle. 

Crim. Code, '12, § 603; 1905, XXIV, 965. 

(584) § 17. Rules for Passing Motor Vehicle. — Whenever a person 
operating a motor vehicle shall meet on public highways any other person 
riding or driving a horse or horses or other draft animals, or any other 

13 C L 



178 CRIMINAL CODE 

vehicle, the person operating such motor vehicle shall reasonably turn the 
same to the right of the center of such highway, so as to pass without 
interference. Any person operating a motor vehicle shall, on overtaking, 
any such horse, draft animal or other vehicle, pass on the left side thereof, 
and the rider, driver of such horse, draft animal, or other vehicle, shall, as 
soon as practicable, turn to the right, so as to allow free passage on the left. 
Any person operating a motor vehicle shall, at the intersection of public 
highways, keep to the right of the intersection of the centers of such high- 
ways when turning to the right, and pass to the left of such intersection 
when turning to the left. 

Crim. Code, '12, § 605 ; 1905, XXIV, 965. 

(585) § 18. Each Motor Vehicle to Have Brakes and Signals. — Every 
motor vehicle while in use on a public highway shall be provided with 
good and efficient brakes and also with a suitable bell, horn, or other signal, 
and be so constructed so as to exhibit during the period necessary from or 
after sunset until not necessary before sunrise, a white light visible within 
a reasonable distance in the direction toward which the vehicle is pro- 
ceeding, and a red light in reverse direction : Provided, That in case of 
heavy fog, if necessary, such light shall be displayed in the daytime before 
sunset and after sunrise : Provided, That all such lights shall not be 
focused to give light beyond one hundred fifty (150) feet in front, and 
shall have attached to each dimmers, which must be used when approaching 
another vehicle, and no spotlight shall be flashed on any car while said 
car is in motion. ' ' 

Crim. Code, '12, § 606 ; 1905, XXIV, 965 ; 1919, XXXI, 242. 

(586) § 19. Violation of Sections (581) to (585) a Misdemeanor.— 

"Whoever shall violate the provisions of Sections (581), (582), (583), 
(584) and (585) shall be deemed guilty of a misdemeanor, and, upon 
conviction, be fined not less than ten dollars nor more than one hundred 
dollars, or imprisonment for not more than thirty days. 
Crim. Code, '12, § 610 ; 1905, XXIV, 965. 

(587) § 20. Operator of Motor Vehicle to Stop for Horses to Pass. — 

A person operating a motor vehicle shall, at request or upon signal by 
putting up the hand, from a person riding or driving a restive horse or 
horses, or other draft animals, bring such motor vehicle immediately to a 
stop, if necessary, having due regard for safety of persons, vehicles and 
animals, and if traveling in opposite direction, remain stationary so long 
as may be reasonable to allow such horses or animals to pass. And if 
traveling in the same direction, the person or persons operating the motor 
vehicle shall not pass any person or persons in charge of an animal or 
animals, if requested by such person or persons in charge of such animal 
or animals not to do so, until such person or persons have gotten to a place 
where they could drive such animal or animals out of the road, or when pas- 
sage could be safely effected, or when such person or persons without just 
cause and excuse intentionally obstruct the passage of any motor vehicle : 
Provided, That in case such horse or animal appear badly frightened, or he 
is requested to do so, the person operating such vehicle shall cause the motor 



OF SOUTH CAROLINA 179 

of such vehicle to cease running so long as shall be reasonably necessary 
to prevent accident and insure the safety of persons, vehicles and animals. 
Crim. Code, '12, § 604, 1905, XXIV, 965; 1906, XXV, 79. 

Gue V. Wilson, 87 S. C. 144, 69 S. E. 99. 

(588) § 21. Penalty as to Persons Operating Motor Vehicle. — Any 

person, or persons, violating any of the provisions of Section (587) shall, 
for each offense, be deemed guilty of misdemeanor, and, upon conviction 
thereof by any Court of competent jurisdiction, be liable to a fine of 
not less than twenty dollars nor more than one hundred dollars, or im- 
prisonment at hard labor for a term not exceeding thirty days. 
Crim. Code, '12, § 609 ; 1906, XXV, 79. 

(589) § 22. Driving of Motor Vehicles by Persons Under Influence 
of Intoxicants or Narcotics Unlawful. — It shall be unlawful for any per- 
son or persons, while under the influence of intoxicating liquors or nar- 
cotics, to drive or operate upon the public highways of this State any auto- 
mobile, motorcycle or other motor vehicle. Any person or persons violating 
the provisions of this Section shall be deemed guilty of a misdemeanor, 
and upon conviction thereof, by a Court of competent jurisdiction, shall 
be fined in a sum not less than twenty nor more than one hundred dollars, 
or imprisoned for a period of not less than twenty nor more than thirty 
days in the county jail or upon the county chaingang of the county in 
which the violation occurred. 

1917, XXX, 52. . 

(590) § 23. Unlawful to Allow Minor Under Twelve Years of Age to 
Operate Motor Vehicle on Highways. — 1. It shall be unlawful for the 
owner of any automobile or other motor vehicle to allow any minor under 
the age of twelve years to drive or operate such automobile or other 
motor vehicle upon the public highways of the State. 

2. Unlawful for Minor Under Twelve Years of Age to Operate Motor 
Vehicle on Highway. — It shall be unlawful for any minor under the age 
of twelve years to drive or operate any automobile or other motor vehicle 
upon the public highways of the State, whether or not the same be with 
the consent of their parents or guardians. 

3. Penalty on Car Owner Allowing Violation. — Any person or per- 
sons allowing or consenting to a minor under twelve years driving or 
operating his or their car against the provisions of this Section shall be 
guilty of a misdemeanor, and, upon conviction thereof, shall be fined in 
a sum not exceeding one hundred ($100) dollars, or be imprisoned upon 
the county chaingang for a period of not exceeding thirty days. 

4. Penalty on Minor for Violation. — Any minor under the age 
of twelve years who' violates the provisions of this Section shall be guilty 
of a misdemeanor, and, upon conviction thereof, shall be liable to the same 
penalty as is above provided. 

1920, XXXI, 895. 

(591) § 24. Driver of Motor Vehicle Striking Any Person or Vehicle 
to Stop and Render Assistance. — Every person driving a motor vehicle 
which strikes or hits any person or another vehicle shall stop such motor 



180 CRIMINAL CODE 

vehicle at once and render such assistance as he or she can, and shall, 
upon request, give his or her name an,d postoffice address and the license of 
his motor vehicle. Any person violating the provisions of this Section 
shall be guilty of a misdemeanor, and, upon conviction, shall be fined not 
more than five hundred dollars or imprisoned not more than one year 
or both. 

1920, XXXI, 752. 

(592) § 25. Gates on Public Road Nuisance — Requisite Width — Con- 
dition — Hitching Post — Punishment. — It shall be lawful for any citizen 
of this State over whose land any road may pass, other than a public high- 
way, to erect gates thereon, and the person owning or erecting such gates 
shall be liable to be indicted for a nuisance if they fail to keep them as 
herein provided; that is to say, the owner or keeper of any gate which 
obstructs a highway, either public or private, shall have such gate con- 
structed so as to afford a roadway between the posts of at least nine feet, 
and shall keep the said gate in such repair and condition as to be easily 
opened and shut, and that the latch or fastening will adjust itself on being 
closed ; and, further, that the said keeper shall erect or cause to be erected, 
a convenient distance from such gate, a suitable hitching post for the con- 
venience of those traveling in vehicles. That the owner or keeper of such 
gate, who shall fail to comply with the requirements of this Section, shall 
upon conviction, for each offense, pay a fine of not less than twenty-five 
dollars, or be imprisoned in the county jail for a term not exceeding thirty 
days. 

Crim. Code, '12, § 624 ; Crim. Code, '02, § 449 ; G. S. 1067 ; R. S. 359 ; 1885, XIX, 59. 

A neighborhood road or private path is within the provisions of this Section. State v. Jeffcoat, 11 
Rich. 529. 

(593) § 26. Penalty for Interfering With Gates. — In case any person 
or persons shall interfere with, injure, destroy or wilfully leave open any 
such gates, such person or persons shall be liable to indictment as for a 
misdemeanor. 

Crim. Code, '12, § 625 ; Crim. Code, '02, § 450 ; G. S. 1068 ; R. S. 360 ; 1855, XII, 408. 

(594) § 27. Erection of Gates on Highways. — County Boards of Com- 
missioners of the several counties in this State are hereby authorized, on 
application to them for the purpose, to allow the erection of gates upon 
the highways of the State, wherever in their judgment the same may be 
expedient and not detrimental to the public interest, subjecting the person 
or persons owning or erecting such gates, nevertheless, to the pain and 
penalties prescribed in Section (592). 

Crim. Code, '12, § 626 ; Crim. Code, '02, § 451 ; G. S. 1072 ; R. S, 361 ; 1878, XVI, 361 ; 
1893, XXI, 481. 

(595) § 28. Regulation Respecting Gates. — If any person shall wil- 
fully cut or destroy any gate which may be put up by the authority of 
the Commissioners in pursuance of the last preceding Section whilst the 
same is kept in good order, such person shall pay a penalty of twenty dol- 
lars, to be recovered by an action at the suit of the county before a Mag- 



OF SOUTH CAROLINA 181 

istrate. And if any person shall wilfully leave open any gate as aforesaid, 
such person shall be liable to pay a like penalty, to be recovered as afore- 
said. 

Crim. Code, '12, § 627 ; Crim. Code, '02, § 452 ; G. S. 1073 ; 1821, IX, 509. 

(596) § 29. Penalty for Damaging Roads.— If any person shall wil- 
fully destroy, injure, or in any manner hurt, damage, impair or obstruct 
any of the public highways, or any part thereof, or any bridge, culvert, 
drain, ditch, causeway, embankment, wall, tollgate, tollhouse, or other erec- 
tion belonging thereto, or any part thereof, the person so offending shall, 
upon conviction thereof, be imprisoned not more than six months, or pay 
a fine not exceeding five hundred dollars, or both, at the discretion of the 
Court, and shall be further liable to pay all the expenses of repairing the 
same. 

Crim. Code, '12, § 628 ; Crim. Code, '02, § 453 ; G. S. 1074 ; R. S. 362 ; 1788, IX, 311 ; 

1824, IX, 545 ; 1885, XIX, 307. 

See § 601 and note, as to temporary obstruction. This Section may refer to permanent obstruc- 
tion. 

Whether logs are placed in a highway to protect the land of defendant or to obstruct the high- 
way is for the jury, and if so placed as to obstruct the road by design, defendant is guilty. State v, 
Havird, 88 S. C. 227. 

(597) § 30. Injiiry to Bridges, Etc. — Whoever shall wantonly or wil- 
fully injure or destroy any bridge or bridges built by authority of the 
Commissioners of any two counties over any river or creek lying between 
such counties, on indictment and conviction of the same at the Court of 
General Sessions in the county where the offense was committed, shall be 
subject to such fine and imprisonment as the said Court shall direct: 
Provided, That nothing herein contained shall extend, or be con- 
strued to extend, to any of the toll bridges already established by law 
or that may be hereafter established. Any person or persons who shall wil- 
fully or maliciously injure or destroy, by floating rafts or in any manner, 
any bridge on any public roads in this State, shall be guilty of a misde- 
meanor, and, upon conviction thereof, shall be fined in a sum not less 
than fifty nor more than five hundred dollars, or be imprisoned not less 
than thirty nor more than ninety days, in the discretion of the Court : Pro- 
vided, That nothing herein contained shall affect the right of action for 
damages in a civil suit against the person or persons so injuring or de- 
stroying any such bridge. 

Crim. Code, '12, § 629; Crim. Code, '02, § 454; G. S. 2509, 2510, 2511; R. S. 363; 

1825, IX, 570 ; 1881, XVII, 570. 

(598) § 31. Obstructing Ditches and Drains. — Whoever shall obstruct 
or cause to be obstructed, any ditch or drain on the side of any road which 
has been, or may hereafter be, constructed under the authority and at 
the expense of the State, or any ditch or drain made as aforesaid, to drain 
water from any part of the said roads, or any of them, by throwing into 
the said ditches or drains any earth, logs, trees, brushes or other things 
whatsoever, and shall not immediately remove the same, when required, 
shall be deemed guilty of a nuisance, and, on conviction thereof, shall be 
fined in a sum not exceeding ten dollars nor less than two dollars, and 
shall be further liable for the expense of removing the same. 

Crim. Code, '12, § 630 ; Crim. Code, '02, § 454 ; 1826, IX, 570. 



182 CRIMINAL CODE 

(599) § 32. Cutting' Down Shade Trees on Public Roads. — Whoever 
shall wilfully or wantonly cut down or kill any tree growing within ten feet 
of any road which shall be laid out, altered or mended by authority of the 
County Board of Commissioners or the County Supervisor of any county, 
and which shall, by direction of the Highway Surveyor in charge of such 
road, have beeii left standing as convenient for shade to the said road, for 
each tree so cut down or killed, shall be fined twenty-five dollars by any 
Court of competent jurisdiction. 

Grim. Code, '12, § 633 ; Grim. Gode, '02, §- 4.57 ; G. S. 2512 ; R. S. 364 ; 17SS, IX, 312. 

(600) § 33. Unlawful to Cut Certain Trees Along Highways in Beau- 
fort County. — Whoever shall cut down, mutilate or kill any growing 
tree, growing within ten feet of any public road or highway which shall 
be laid out, altered or mended by authority of the County Board of Com- 
missioners, or the County Supervisor, of Beaufort County, without the 
consent in writing of the County Supervisor, upon conviction thereof, shall 
pay a fine of not less than twenty-five dollars nor more than one hundred 
dollars, or be imprisoned for not longer than thirty days : Provided, That 
the County Supervisor shall not give such consent in writing without a 
majority vote of the County Commissioners. 

Grim. Gode, '12, § 634; 1910, XXVI, 701. 

(601) § 34. Penalty for Obstructing Roads. — If any person shall 
cause any obstruction to be placed in any part of the said highways or 
on any bridge or causeway thereof, so as to obstruct or render dangerous 
or difficult the passage of carriages, or other traveling thereon, and shall 
not immediately remove the same when required, he shall be deemed 
guilty of a nuisance, and, on conviction thereof before a Magistrate, shall 
be fined in a sum not exceeding ten dollars nor less than two dollars, and 
shall be further liable for the expense of removing the said nuisance. 

Grim. Gode, '12. § 635; Grim. Gode, '02, § 458; G. S. 1075; R. S. 365; ]S24, IX, 54.5. 

This Section applies to temporary, not permanent, obstructions, and the Circuit Court has con- 
current jurisdiction, under the Constitution of 1895, Article V, Sec. 18. to trv cases arising under 
it. State V. Wolfe, 61 S. C. 25, 39 S. E. 179. 

The mere obstructing of a highway is in itself a public nuisance. State r. Harden, 11 S. C. 366. 

What are public roads? E'irby i\ Southern Railway, 63 S. C. 494, 41 S. E. 765. 

As to what roads the Section applies. State r. Gregg, 2 Hill 387; State r. Mobley, 1 McM. 47; 
State V. Caldwell, 2 Speer 163; State v. Randall, 1 Strob. 110: State v. Thompson, 2 Strob. 16; 
State V. Sartor, 3- Strob. 64; State v. Hutiman, 2 Rich. 619: State v. Lvthgoe, 6 Rich. 112; State v. 
Pettis, 7 Rich. 392; State v. Duncan, 1 McC. 404. 

n does not apply to neighborhood roads. State v. Harden, 11 S. C. 360; State r. Mellette, 106 
S. C. 224, 91 S. E. 4. 

Indictment — 

Is the proper remedy for obstructing highways. Commissioners v. Taylor, 2 Bay 282. 

It applies to neighborhood roads, which the public have acquired the right to use by prescription. 
State V. Tvler, 54 S. C. 294, 32 S. E. 422; State r. FloTd, 39 S. C. 23, 17 S. E. 505; State v. 
Sartor, 2 Strob. 60; State v. Toale, 74 S. C. 425, 54 S. E. 608; State v. Knotts, 70 S, C. 400, 50 
S. E. 9; Earle v. Poat, 63 S. C. 439, 41 S. E. 525: State v. Washington, 80 S. C. 376, 61 S. E. 996. 

Adverse use to estalilisli prescriptive right. State r. Rodman, 86 S. C. 154, 68 S. E. 343. 

The actual opening of road bv County Commissioners may be shown by any witness who knows 
the fact. State v. Kendall, 54 S. C. 192, 32 S. E. 300. 

The proceedings of the Commissioners in opening the road may be collaterally attacked for .iuris- 
dictional defects, but not for mere irregularities. State r. Kendall, 54 S. C. 192. 32 S. E. 300. 

Testimony to plat showing survey of road. State c. Crocker, 49 S. C. 243, 27 S. E. 49. 

(602) § 35. Unlawful to Plough or Interfere With Roads in Charles- 
ton, Lancaster and Beaufort Counties. — It shall be unlawful for any 
person or persons to place any dirt, trash, stone, glass, brick, brush, mud, 
or other matter or substance in any of the public roads of Charleston, 
Lancaster, and Beaufort Counties, or to interfere in any manner with any 



. OF SOUTH CAROLINA 183 

of the ditches or drains of said roads, or to plow in or into said roads, 
ditches or drains. Any person violating any of the provisions of this 
Section, shall be guilty of a misdemeanor, and, upon conviction, shall be 
punished by a fine of not less than five dollars nor more than one hundred 
dollars, or by imprisonment at hard labor for not more than thirty days. 
Crim. Code, '12, § 636 ; 1910, XXVI, 785 ; 1909, XXV, 145. 

(603) § 36. Highways to Be Drained in Newberry County — Misde- 
meanor to Obstruct. — It shall be the duty of the Supervisor and County 
Commissioners in Newberry County, or any person having charge of road 
improvement in said county, to give each liighway a proper and sufficient 
drainage, and any person who shall obstruct any ditch or culvert in New- 
berry County, and thereby prevent the proper drainage of any highway, 
by plowing into the same, or by any manner of obstruction, shall be guilty 
of a misdemeanor, and, upon conviction thereof, shall be fined not less 
than five dollars nor more than twenty dollars for each offense, or impris- 
oned for not less than ten days nor more than twenty days; and it is 
hereby made the special duty of the Supervisor to strictly enforce this 
Section. 

Crim. Code, '12, § 637 ; 1909, XXYI, 133. 

(604) § 37. Penalty for Improper Use of Tools. — Any person using 
the ploughs, scrapers, or other tools furnished for use on the bridges or 
highways by the County Board of Commissioners, for other purposes than 
the purpose for which the same were furnished, shall be fined not more 
than fifty dollars nor less than five dollars, or imprisonment not less than 
ten nor more than thirty days. 

Crim. Code, '12, § 643 ; 1902, XXIII, 1006. 

(605) § 38. Refusal to Perform Road Duty in Certain Towns and 
Cities. — Any person liable to perform road duty on the streets or public 
ways of any town or city of over one thousand inhabitants, failing or 
refusing to perform such work, or to compound as provided by the ordi- 
nance of said town or city, upon conviction thereof before the Mayor or 
Acting Mayor, Intendant or Acting Intendant (who may bring such persons 
before him by warrant), shall be fined not exceeding ten dollars, or be 
imprisoned in the City, Town or County jail for a period not exceeding 
thirty days. 

Crim. Code, '12, § 649 ; 1908, XXV, 1023. 

(606) § 39. Misdemeanor for Road Engineer to Receive Work Not 
in Accordance With Contract. — Should the Road Engineer or the Super- 
visor of Williamsburg and York Counties receive any bridge or section 
of road let out by contract, unless the same shall have been completed 
according to the plans and specifications thereof, in every particular and 
detail, he shall be subject to indictment for a misdemeanor, and, upon 
conviction, shall be punished in the discretion of the Court. 

Crim. Code, '12, § 656 ; 1908, XXV, 1098, 1175. 

(607) § 40. No Ditches to Be Cut Across Any Highway in Clarendon 
County. — It shall be unlawful for any person or persons to cut any ditches 



184 CRIMINAL CODE 

across any of the public highways of Clarendon County without first 
having obtained a written permit from the County Board of Commission- 
ers, who shall require the person or persons applying for such permit to 
put in the ditch or ditches they may cut across the public highways terra 
cotta piping sufficiently large to provide ample water passage. Any 
person or persons violating this Section shall be guilty of a misdemeanor, 
and, upon conviction, shall be punished by a fine not exceeding twenty- 
five dollars, or imprisonment not exceeding thirty days upon the public 
works of said county. 

Crim. Code, '12, § 658 ; 1907, XXY, 657. 

(608) § 41. Obstruction of Highways Prohibited — Misdemeanor- 
Penalty. — ^It shall be unlawful for any person or persons to place, any 
dirt, trash, stone, glass, brick, brush, mud or other matter or substance 
in any of the public roads of this State calculated to injure such roads or 
to interfere in any manner with any of the ditches or drains of said roads, 
or to plough in or into said roads, ditches or drains : Provided, This 
Section shall not apply to persons engaged in working said roads or high- 
ways under authority of law. Any person "violating any of the provisions 
of this Section shall be guilty of a misdemeanor, and, upon conviction, 
shall be punished by a fine of not less than ten dollars nor more than one 
hundred dollars, or by imprisonment at hard labor for not more than 
thirty days, 

2. Enforcement — Proviso. — It shall be the especial duty of all County 
Boards of Commissioners, Township Commissioners or other officers 
charged with similar duties to see to the enforcement of the provisions of 
this Section : Provided, That the provisions of this Section shall not apply 
to Greenwood, Saluda, Spartanburg, Laurens, Berkeley, Pickens, Green- 
ville, Kershaw, Chesterfield, Bamberg and Cherokee Counties. 

3. Cumulative. — This Section shall not be deemed or construed to repeal 
any statutes of this State relating to the obstruction of public highways 
nor any remedy provided therefor. 

1915, XXIX, 217. 

(609) § 42. Owners of Lands in Lancaster County to Remove Trees 
Near Roads. — Every owner of land within one hundred feet of any public 
road in Lancaster County, and paralleling the same, be, and he is hereby 
required to remove any and all trees therefrom, except fruit trees, within 
six months after notice in writing by the County Commissioners of said 
county. 

Any refusal to comply with the provisions of this Section shall subject 
the offender to a fine of not more than one hundred dollars or imprison- 
ment for not more than thirty days. 

1920, XXXI, 724. 

(610) § 43. Drainage of Lands Into Roads, Prohibited in Pickens 
County. — It shall be unlawful in Pickens county for any owner of lands 
along any public road or highway in said county to make or erect any 



OF SOUTH CAEOLINA 185 

terrace, ditch or sluice upon such lands in such manner as to drain the 
water therefrom upon and into such road or highway. Any such person 
convicted of the violation of the provisions of this Section shall suffer im- 
prisonment for not more than thirty days, or pay a fine of not more tiL«n 
one hundred dollars. 

1919, XXXI, 61. 

(611) § 44. Negligent or Wilful Placing in Highways of Substances 
Injurious to Automobile Tires Unlawful — Penalty. — Whosoever shall care- 
lessly, negligently or wilfully place or cause to be placed upon any public 
highway any glass, nails, tacks or other metal substance calculated to 
puncture or othermse injure automobile tires passing over the same, shall 
be guilty of a misdemeanor, and, upon conviction, subject to a fine of not 
more than one hundred dollars, or imprisonment for not more than thirty 
days. 

191S, XXX, 765. 

(612) § 45. Placing Glass, Nails, Etc., on Highways Prohibited — 
Penalty — Disposition of Fines. — It shall be a misdemeanor for any per- 
son to place, throw or leave any broken glass, glass bottles, scrap iron, tin 
cans or pointed nails within any highway in the State of South Carolina, 
and any person violating the terms of this Section shall be fined not less 
than ten dollars nor more than fifty dollars, or be imprisoned not less than 
ten days nor more than thirty days. Said fines to go to the public school 
funds of the county in which the offense was committed. 

1920, XXXI, 748. 

(613) § 46. Hauling Timber, Etc., in Clarendon and Aiken Counties 
Regulated — Penalty. — It shall be unlawful for any person, firm or cor- 
poration, or their or its agents, employees or servants to haul, convey 
or transport any logs, timber or lumber on or over any of the public 
roads or highways of Clarendon and Aiken counties with any vehicle 
having less than four (4) wheels, or to haul, convey or transport any 
logs, timber or lumber on or over any of the public roads or highways of 
said county in any manner whereby any part of the load comes in con- 
tact with the surface of the road or highway : Provided, That the County 
Board of Commissioners, in their discretion, may permit for a definite 
period of time, the transportation of logs, timber or lumber otherwise 
than herein provided; the parties so transporting such logs, timber or 
lumber being required to file a good and sufficient bond in an amount 
sufficient to cover the maximum possible damage to the roads, bridges 
and highways over which such transportation is allowed or permitted 
and conditioned to "restore the said roads, bridges and highways to their 
original condition. Any person violating any of the provisions of this 
Section shall be deemed guilty of a misdemeanor, and, upon conviction, 
shall be punishable by a fine of not less than five ($5.00) dollars nor 
more than one hundred ($100.00) dollars, or by imprisonment for not 
more than thirty (30) days. 

1921, XXXII, 140. 



186 CRIMINAL CODE 

(614) § 47. Hauling Timber, Etc., Over Highways of Dillon, Lee, 
Orangeburg and Barnwell Counties Regulated — Penalty for Violation. — 

It shall be unlawful for any person or persons, engaged in the sawmill, 
lumber, timber or logging business, to haul, convey or transport any logs, 
timber or lumber on or over any of the public roads or highways of Dillon 
and Lee and Orangeburg and Barnwell Counties, with any vehicle having 
less than four wheels, or to haul, convey or transport any logs, timber or 
lumber on or over any of the public roads or highways of said counties 
in any manner, except as hereinafter provided : Provided, That the County 
Board of Commissioners, in their discretion, may permit, for a definite 
period of time, the transportation of logs, timber or lumber otherwise than 
herein provided; the party so transporting such logs, timber or lumber 
shall be required to file a good and sufficient bond in an amount sufficient 
to cover the maximum possible damage to tha roads, bridges and high- 
ways over which such transportation is allowed or permitted, and condi- 
tioned to restore the said roads, bridges and highways to their original 
condition. Any person violating any of the provisions of this Section shall 
be guilty of a misdemeanor, and, upon conviction, shall be punished by a 
fine of not less than five dollars, nor more than one hundred dollars, or by 
imprisonment for not more than thirty days. 

1916, XXIX, 1109 ; 1917, XXX, 333 ; 1918, XXX, 713. 

(615) § 48. Hauling Timber, Etc., in Marion, Charleston, Horry, 
Jasper, Florence, and Georgetown Counties, Regulated — Penalty. — It 

shall be unlawful for any person or persons to haul, convey or trans- 
port any logs, timber or lumber on or over any of the public roads or 
highways of Marion County, Charleston County, Horry County, Jasper 
County, and Florence and Georgetown County, with any vehicle having 
less than four wheels, or to haul, convey or transport any logs, timber 
or lumber on or over any of the public roads or highways of said counties 
in any manner whereby any part of the load comes in contact with the 
surface of the road or highway : Provided, That the County Board of Com- 
sioners, in their discretion, may permit for a definite period of time the 
transportation of logs, timber or lumber otherwise than herein provided; 
the party so transporting such logs, timber or lumber be required to file 
a good and sufficient bond in an amount sufficient to cover the maximum 
possible damage to the roads, bridges and highways over which such trans- 
portation is allowed or permitted, and conditioned to restore the said 
roads, bridges and highways to their original condition. Any person vio- 
lating any of the provisions of this Section shall be guilty of a misde- 
meanor, and, upon conviction, shall be punished by a fine of not less than 
five dollars nor more than on 3 hundred dollars, or by imprisonment for 
not more than thirty days. 

1913, XXVIII, 185; 1917, XXX, G12 ; 1918, XXX, 735; 1919, XXXI. 214. 

(616) § 49. Unlawful to Use Certain Timber Carts in Beaufort 
County. — It shall be unlawful for any person, firm or corporation to operate 
or use, or cause to be operated or used, or assist in operating or using, any 
timber cart or vehicle upon the highways or public roads of Beaufort 
County if, in the opinion of the County Board of Commissioners, said tim- 



OF SOUTH CAROLINA 187 

ber carts or vehicles are detrimental to said highways and public roads, 
unless such person, firm or corporation shall have first paid into the treas- 
ury of Beaufort County a sum not in excess of fifteen dollars, to be deter- 
mined by said Board, for each timber cart or vehicle so used or operated, 
to pay for the damage done highways and public roads by reason of their 
use or operation, which said sums shall be expended in repairing and keep- 
ing in condition said highways and public roads : Provided, That a rea- 
sonable notice shall first be given the persons, firms or corporations, as 
aforesaid, of the action of the said Board; and any person, firm or cor- 
poration, convicted of violating the provisions of this Section, shall be fined 
not more than one hundred dollars, or be imprisoned more than thirty 
days. 

Crim. Code, '12, § 613; 1910, XXVI, 726. 

(617) § 50. License for Timber Carts and Vehicles in Berkeley County 
— Penalty. — An annual license tax of ten ($10.00)) dollars is hereby im- 
posed on all timber carts in use upon the public highways of Berkeley 
County habitually hauling timber and lumber for profit: Provided, That 
no license tax be imposed on any timber cart or log wagon when being 
used by individuals in moving timber upon their own lands for the im- 
provement of same, or removing timber from fields. It shall be unlawful 
for any person, firm or corporation to habitually haul timber or lumber 
within the County of Berkeley by any vehicle of any description which 
shall be pulled by two (2) or more mules, horses or oxen engaged in such 
business for profit, without first having obtained a license therefor from 
the Clerk of Court of the said county, which license shall be the sum of 
twenty-five ($25.00) dollars per annum for each wagon or other vehicle 
as above described and so used in Berkeley County. Any violation of this 
Section shall be punishable by a fine of not exceeding one hundred dollars 
or imprisonment not exceeding thirty days. 

3917, XXX, 381. 

(618) § 51. Operation of Timber Carts in Bamberg County Regulated 
— License — Penalty. — 1. It shall be unlawful for any person to operate, or 
cause to be operated, upon the public highways of Bamberg County any 
vehicles commonly known as ''timber carts" and used for the purposes 
of transporting logs and timber, except upon the conditions hereinafter 
prescribed. 

2. Before operating, or causing to be operated, upon the public highways 
of Bamberg County any such timber cart, which has four wheels or more, 
the owner thereof shall make application to the County Board of Commis- 
sioners for said county for a license to operate such vehicle and, upon the 
payment of the sum of fifteen ($15.00) dollars for each vehicle to be 
licensed, the said Board shall issue to such applicant a certificate of regis- 
tration and license authorizing the operation of such timber cart upon 
the highways of Bamberg County for the period of one year from date 
of issue ; and each vehicle so licensed shall be assigned a distinctive number 
under which it shall be operated, and at all times such numbers shall be in 
evidence on such timber cart and plainly written on a plate to be prescribed 
by said Board. 



188 CRIMINAL CODE 

3. Said County Board may, in its discretion, issue a permit to any per- 
son, authorizing the operation of any such vehicle or timber cart, which 
has less than four wheels, upon such highways as may be designated and 
for such period as the Board may name : Provided, That such person shall 
first enter into a good and sufficient bond to the County of Bamberg, in 
such sum as the Board shall require, conditioned to keep in good repair 
all such highways as are designated in such permit and restore the same to 
their original condition at the expiration of said period, said bond to be 
approved by said Board and filed with the Clerk of Court of said County 
of Bamberg. 

4. Any person who shall operate, or cause to be operated, upon the public 
highways of Bamberg County any such vehicle prohibited under the 
provisions of this Section, without first procuring the license or permit 
in the manner herein prescribed, shall be deemed guilty of a misdemeanor, 
and, upon conviction, shall be fined in a sum not exceeding fifty ($50.00) 
dollars or sentenced to serve a term of labor on the public works of Bam- 
berg County for a period not exceeding thirty days : Provided, That the 
provisions of this Section shall not be construed to prohibit any person 
from operating any form of vehicle upon private roads, or from crossing 
any public highway. 

5. All funds coming into the hands of said County Board under the pro- 
visions of this Section and all fines collected by reason of violations hereof 
shall be paid to the Treasurer of Bamberg County and by him credited 
to the general road fund of said county. • 

6. Said County Board shall prescribe and adopt such forms as will meet 
the requirements of this Section the issuance of said licenses and permits ; 
and said Board shall also prescribe such books as may be necessary in 
which shall be kept a complete record of all licenses so issued, and the 
same shall be subject to public inspection at all times. 

1917, XXX, 251. 

(619) § 52. Penalty for Violation of Laws Regulating the Use of 
Trucks Upon the Highways of York County. — Any violation of the pro- 
visions of Sections (3046), (3047), Civil Code, shall subject the offender, 
upon conviction, to a penalty of not less than fifty nor more than one 
hundred dollars, or imprisonment of not more than thirty days. 

1921, XXXII, 139. 

(620) § 53. Penalty for Neglect to Work Roads— Lexington County. 

— If the Commissioners of any county neglect to have repaired any of the 
highways, and bridges which by law are required to be kept in repair, they 
shall be deemed guilty of a misdemeanor, and, upon conviction thereof, 
shall be fined in a sum of not less than one hundred or more than five 
hundred dollars, in the discretion of the Court. If any overseer appointed 
by the Supervisor or Board of County Commissioners of Lexington County 
shall fail, refuse or neglect to perform the duties required by the Supervisor 
or Board of County Commissioners, or should fail, refuse or neglect to 
perform any duty required or imposed by law, he shall be deemed guilty 



OF SOUTH OAEOLINA 189 

of a misdemeanor, and, upon conviction, shall be fined not more than one 
hundred dollars, or imprisoned for not more than thirty days. 

Crim. Code, '12, § 598; Crim. Code, '02, § 436; G. S. 1088; R. S. 348; 1874, XV, 
784; 1910, XXVI, 722. 

(621) § 54. Obstruction of Roads — Penalty. — If any person or per- 
sons, corporations, or any conductor of any train of railroad cars, or any 
other agent or servant of any railroad company, shall obstruct unnecessa- 
rily any public road or highway by permitting any railroad car or cars 
or locomotive to be or 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 other such person 
in charge of said train, or shall permit any timber, wood, or other obstruc- 
tion to remain upon or across any such street, road or highway 
to the hindrance or inconvenience of travelers, or any person or persons 
passing along or upon such street, road or highway, every person or cor- 
poration 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 highway, to be recovered by an action 
at the suit of the County or Township Board of Commissioners in which 
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 indictment in the Court of General Sessions or suit 
in the Court of Common Pleas; and all fines so accruing under the pro- 
visions of this Section, when collected, shall be paid over by the Magis- 
trate to the County Treasurer for the district in which such offense was 
committed; and every twenty-four hours such corporation, person or per- 
sons, 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 
provisions of this Section. 

Crim. Code, '12, § 648; 1902, XXIII, 1007. 

(622) § 55. Neglect of Duty by Road Officers in Newberry County — 
Prosecution of Overseers. — ^In the County of Newberry any overseer who 
shall fail or neglect to summon the hands liable to road duty and require 
them to labor upon the highways as aforesaid, when ordered and directed 
to so do by the County Board of Commissioners, shall be guilty of a mis- 
demeanor, and, upon conviction thereof, shall pay a fine of twenty-five 
dollars, or be imprisoned on the county chaingang for a period of twenty 
days. It shall be the duty of the said County Board of Commissioners to 
prosecute each of the said overseers failing and neglecting to carry out 
the order and direction of the said Board as aforesaid. In the event of 
the failure of the said County Board of Commissioners to so prosecute each 
of the overseers failing and neglecting to carry out the order of the said 
Board within thirty days after being informed of the failure and neglect of 
such overseer, each of the said Board so failing and neglecting to so prose- 
cute such delinquent overseer within the time aforesaid shall be guilty of 
a misdemeanor, and, upon conviction thereof, subject to pay a fine of fifty 
dollars, or be imprisoned on the county chaingang for a period of twenty 
days. 

Crim. Code, '12, § 654 ; Crim. Code, '02, § 469 ; 1901, XXIII, 643 ; 1902, XXIII, 1018. 



190 CEIMINAL CODE 

(623) § 56. Neglect of Duty a Misdemeanor in Newberry County. — 

It shall be the duty of the Supervisor and the County Commissioners of 
Newberry Comity to enforce the provisions of all sections of the Civil 
Code which are of force in Newberry County for the improvement of 
roads, bridges and ferries, and for any neglect or refusal, they shall be 
deemed guilty of a misdemeanor, and shall be punished by a fine of not 
less than five dollars nor more than twenty dollars for each neglect or 
refusal to perform such duty. 

Crim. Code, '12, § 6.5.5; 1909, XXV, 134. 

(624) § 57. Protection for Bridges in Newberry County — Punish- 
ment for Violation. — All persons driving, transporting or conve^'ing 
any traction or other engine weighing over fifteen thousand pounds 
upon or across any bridge in Newberry County shall lay upon such bridge 
suitable skids or other appliances for protecting the same from injury by 
the passage of such engine upon or across such bridge. Any violation 
of this provision shall be punished by a fine of not exceeding one hun- 
~dred ($100.00) dollars or imprisonment for not exceeding thirty (30) 
days. 

1914, XXVIII, 852; 1915, XXIX, 396. 

(625) § 58. Obstructing Drains Made by Road Overseer, Etc. — The 

drains and ditches made by the road overseer, under the provisions of Sec- 
tion (2907) of the Civil Code, 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, under the penalty of forfeit- 
ing a sum not exceeding ten dollars, or imprisonment for not more than 
thirty days for each and every offense. Any person interfering with any 
road overseer or his assistants, in the performance of their duty, shall be 
guilty of a misdemeanor, and punished, on conviction, by fine of five dollars, 
or imprisonment for ten days for each offense. 

Crim. Code, '12, § 645 ; Crim. Code, '02, § 462 ; 1800 ; XXIII, 289. 

(626) § 59. Refusal to Work Roads Under Contractor. — Any person 
assigned to work under a contractor as provided in Section (2931) of the 
Civil Code, and refusing or failing to do so, shall be guilty of a misde- 
meanor and fined in a sum not less than five nor more than twenty dollars, 
or be imprisoned in the county jail for a period of not less than ten nor 
more than thirty days, or sentenced for the same period on chaingang. 

Crim. Code, '12, § 647; Crim. Code, '02, § 464; 1896, XXII, 237. 

(627) § 60. Interference With Surveyor Laying Out Public Roads. — 

It shall be a misdemeanor to interfere with the surveyor employed by the 
County Board of Commissioners to assist them in laying out or changing 
the location of public roads, under Section (2907) of the Civil Code, or his 
assistants, or with the marks set up by him, or by his orders, punishable 
by a fine of not more than ten dollars, or imprisonment for not more than 
twenty days for each offense. 

Crim. Code, '12, § 644; Crim. Code, '02, § 401; 1900, XXIII, 286. 



OF SOUTH CAROLINA 191 

(628) § 61. No Fire to Be Carried on a Bridge. — No person shall carry 
over, or otherwise have or place any fire on any wooden bridge, or bridge 
the superstructure whereof is of wood, now constructed, or hereafter to 
be constructed, by the authority of the Legislature; and everj^ person 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. 

Civ. '12, § 2149 ; Civ. '02, § 1419 ; G. S^. 1112 ; R. S. 1229 ; 1827, VI, 314. 

(629) § 62. Keepers of Ferries to Keep Banks in Order. — ^It shall 

be the duty of every person keeping a 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 of three dollars for each and every day of such 
neglect; the same to be recovered before any Magistrate having com- 
petent jurisdiction. 

Civ. '12, § 2164 ; Civ. '02, § 1434 ; G. S. 1121 ; R. S. 1239 ; 1809, IX, 443. 

(630) § 63. Aprons to Be Attached to Ferry Flats. — Each and every 
ferry owner or keeper in this State shall provide and keep attached to 
each end of his ferrj^ flat or flats a good and sufficient apron, or, not 
having such aprons, shall keep, at each and every landing place, a good 
and sufficient abutment or inclined plane for the same ; and for default 
or neglect in so doing he shall be fined in a sum not exceeding ten dollars 
for every three days continuance of such default, to be recovered in any 
Court having competent jurisdiction of the same ; one-half thereof to the 
use of the State, and the other half to the informer. 

Civ. '12, § 2165; Civ. '02, § 1435; G. S. 1122; R. S. 1240; 1824, IX, 544. 

(631) § 64. Operation of Motor Vehicle Without License Plate a 
Misdemeanor — Penalty. — It shall be unlawful, after the passage of this 
Section for any person or persons, without securing registration for 
license, as provided in Section (3058), Civil Code, to run, drive or operate 
any motor vehicle on or along or across any public road, street or high- 
way in the State of South Carolina without having displayed at all 
times to public view in the rear of said vehicles, a license number shall be 
acquired from the Highway Department under the law providing for such 
license number. Any violation of the provisions of this Section shall be 
deemed a misdemeanor, and shall be punished by a fine of not less than 
ten ($10.00) dollars nor more than twenty-five ($25.00) dollars, or impris- 
onment for not more than fifteen (15) days for each offense. 

1917, XXX, 320; 1920, XXXI, 1072. 

(632) § 65. Penalty for Failure to Perform Road Duty— Neglect of 
Road Duty. — Every person liable to road duty, who shall have been 
duly warned before the day fixed in his notice for such working, stating the 
hour and place of working, shall be subject to the direction of the over- 
seer in charge. Any person who shall fail to paj'' the commutation road 
tax provided by law, and being so warned by the road overseer to perform 
said duty, shall refuse or neglect, having had at least twelve hours' notice, 
to attend by himself or substitute to the acceptance of the overseer, or, 
having attended, shall refuse to obey the direction of the overseer, or shall 



192 CRIMINAL CODE 

spend the time in idleness or any inattention to the duties assigned him, 
shall be guilty of a misdemeanor, and, on conviction thereof, shall (except 
as otherwise provided by law) be fined not more than ten dollars nor less 
than five dollars and costs, or be sentenced to county chaingang not more 
than thirty days nor less than five days. 
Grim. Code, '12, § 639; 1902, XXIII, 1004. 

(633) § 66. Penalty for Failure to Work Roads in Saluda County- 
No Substitute to Be Under Fifteen. — Any person duly warned to per- 
form the labor required in Sections (1871) to (1872), Civil Code, who 
shall fail or neglect to perform the same, shall be deemed guilty of a 
misdemeanor, and, upon conviction, shall pay a fine not exceeding one 
hundred dollars, or be imprisoned on the county chaingang for not ex- 
ceeding thirty days: Provided, That no substitute under fifteen years of 
age and fully able to perform the labor required shall be accepted. 

1915, XXIX, 415 ; 1917, XXX, 303. 

(634) § 67. Offenses in Regard to State Highways — Obstruction of 
Drainage — Placing Objects Injurious to Vehicles — Cutting Trenches, 
Etc., Without a Permit — Loads or Vehicles of Excessive Weight or Width 
— Tractors — ^Timber Carts. — It shall be unlawful for any person to wil- 
fully obstruct ditches and drainage openings along said roads, to place 
obstructions upon said roads, or to throw or place on said roads any ob- 
jects likely to cut or otherwise injure vehicles using same. It shall also 
be unlawful for any person, firm or corporation to cut trenches, lay 
pipes or tracks through, under, over or on said highways and bridges 
without first obtaining a permit from the State Highway Engineer; or 
to transport over such highways and bridges loads exceeding a specified 
tonnage or weight per square inch of bearing surface in excess of that 
prescribed in the regulations laid down by said Highway Commission ; or 
to run or operate any farm tractor or traction engine with wheel lugs 
or cleats on said highway, without first removing said lugs or cleats, or 
providing fillers for same, so that no injury will be done to road surface, 
or to operate over said highways or bridges any motor vehicle, the max- 
imum width of which, or of the load it carries, exceeds seven and one- 
half feet (7 1-2), or to operate motor vehicles with chains upon or around 
the wheels, contrary to such regulations for the use of chains which may 
be adopted and promulgated by the State Highway Commission. It shall 
also be unlawful to operate upon any of the public highways of this State 
any two-wheeled timber carts, with tongue or small wheel attached 
thereto, which comes in contact with the road, and it shall also be unlaw- 
ful to operate any vehicle over said roads for the purpose of carrying 
timber or other loads, by which timber or any other character of load 
is allowed to strike or drag on the surface of the road: Provided, 
further, That this proviso shall not apply to four-wheeled lumber carts 
where the load is so suspended as not to come in contact with the road. 
Any violation of the provisions of this Section shall be deemed a misde- 
meanor and punished by the fine or imprisonment prescribed in Section 
(3283), Civil Code. 

1920, XXXI, 1072. 



OF SOUTH CAROLINA 193 

CHAPTER XII. 

Offenses by Railroad Companies, Their Agents and Employees, and 
Offenses Committed Ag-ainst Rights of Railroad Companies. 

(635) Section 1. Injury by Negligence or Carelessness — Penalty for. 

— "When an engineman, fireman, or other agent or officer of a railroad cor- 
poration, is guilty of negligence or carelessness whereby an injury is done to 
any person or corporation, he shall be punished by imprisonment not ex- 
ceeding twelve months, or by a fine not exceeding one thousand dollars. 

Crim. Code, '12, § 660; Crim. Code, '02, § 472; G. S. 1526; R. S. 369; 1SS2, XVII, 
834. 

(636) § 2. Penalty for Gross Carelessness or Negligence. — Whoever, 
having management of, or control over, a railroad train while being used 
for the common carriage of persons, is guilty of gross carelessness or neglect 
in, or in relation to, the management or control thereof, shall forfeit a 
sum not exceeding five thousand dollars, or be imprisoned not more than 
three years. 

Crim. Code, '12, § 661 ; Crim. Code, '02, § 473 ; G. S. 1527 ; R. S. 370 ; 18S2, XVII, 835. 

(637) § 3. Negligence by Employees. — Any engineer, conductor, or 
other agent or emplo3'ee of any railroad company in this State, who shall 
wilfully neglect to observe, or shall wilfully violate, any rule or regulation 
of the company to which such engineer or conductor may belong, whereby 
any person or persons shall sustain, or be in danger of sustaining, any 
bodily injury, such engineer or conductor, or other agent or employee, 
shall be liable to be indicted for every such offense, and, upon conviction 
thereof, be fined two hundred dollars and imprisonment not exceeding one 
year, at the discretion of the Judge before whom such case may be tried : 
Provided, however, That nothing herein contained shall be so construed 
as to relieve such engineer or conductor from responsibility, in cases where 
the life of any person is destroyed under the law as it now exists. 

Crim. Code, '12, § 662; Crim. Code, '02, § 474; R. S. 371. 

(638) § 4. Certain Cars Not to Be Left Near Crossings — Penalty. — 

It shall be unlawful for any railroad section master or any person in 
charge of or connected with any hand car or lever car to remove same from 
any railroad track and continue same stationary within fifty yards of any 
public crossing other than at any regular railroad section house, except 
when necessary to avoid an approaching train, or when in charge of em- 
ployees engaged in actual work upon such crossing, and then only for such 
a period as is necessary to avoid such train or to perform such work. Any 
person violating the- provisions of this Section shall, upon conviction, be 
fined not exceeding fifty dollars, or be imprisoned not exceeding thirty days. 
Crim. Code, '12, § 663 ; 1902, XXIII, 1055. 

(639) § 5. All Steam Railroads to Equip Coaches with Cinder De- 
flectors. — All railroad companies operating passenger trains or coaches, 
by steam, within or through this State, are hereby required to put cinder 
deflectors that will, in the judgment of the Railroad Commission, effectually 

14 C L 



194 CRIMINAL CODE 

keep cinders from engines entering the cars, upon all windows of pas- 
senger coaches, so as to protect passengers when windows are raised. 
Any railroad company refusing or neglecting to comply with this Section, 
shall be deemed guilty of a misdemeanor, and, upon conviction thereof, 
shall be fined in the sum of not less than five hundred nor more 
than one thousand dollars for each coach not screened as required by this 
Section : Provided, It shall be the duty of the Railroad Com.mission to see 
that this Section is enforced. This Section shall not apply to railroads of 
only forty or less miles in length. 

Crim. Code, '12, § 664 ; 1908, XXIV, 1052 ; 1909, XXVI, 119 ; 1910, XXVI, 119. 

(640) § 6. Misdemeanor Wilfully to Open or Injure Baggage or Ex- 
press Package — Penalty. — It shall be unlawful for any agent, servant, 
baggage master, or other person in the service or employment of any railr 
road, express company or steamboat lines, to carelessly or negligently or 
wilfully open, break into or injure any package, parcel or baggage while in 
the custody or under the control of any such common carrier. Any per- 
son violating the provisions of this Section shall be deemed guilty of a 
misdemeanor, and punished by fine or imprisonment, or both, in the dis- 
cretion of the Court. 

Crim. Code, '12, § 665 ; 1909, XXVI, 162. 

(641) § 7. Baggage — Injury to — Penalty. — Any baggage master, or 
other person, whose duty it is to handle, remove, or take care of the baggage 
of passengers, who shall wilfully or recklessly injure or destroy any trunk, 
valise, bos, package, or parcel, while loading, transporting, unload- 
ing, delivering, or storing the same, shall be punished by a fine not exceed- 
ing fifty dollars, or imprisonment not exceeding thirty days. 

Crim. Code, '12, § 666; Crim. Code, '02, § 475; G. S. 1450; R. S. 372. 

(642) § 8. Penalty for Charge of Unreasonable Rates. — If any rail- 
road 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 compensation for transportation of 
passengers or freight of any description, or for the use and transportation 
of any railroad ca:r upon its track, 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 of not less than one 
hundred nor more than one thousand dollars. 

Crim. Code, '12, § 667; Crim. Code, '02, § 476; G. S. 373; 1S92, XXI, 10. 

(643) § 9. Unjust Discrimination Prohibited — Penalty. — If any rail- 
road corporation, aforesaid, shall make any unjust discrimination in its 
rates of charges of toll as compensation for transportation of passengers 
or freight of any description, or for the use and transportation of any 
railroad car upon its said road or any branches thereof, or upon any 
railroads connecting therewith which it has the right, license or permission 



OF SOUTH CAROLINA 195 

to operate or control withiu this State, the same shall be deemed guilty 
of having violated the provisions of the law for the regulation of railroad 
freight and passenger traffic in this State, and, upon conviction thereof, 
shall be fined in a sum not less than one hundred nor more than one thou- 
sand dollars. 

Crim. Code, '12, § 668 ; Crim. Code, '02, § 477 ; G. S. 374 ; 1892, XXI, 11. 

(644) § 10. Violation of Regulations as to Through Freight. — Any 

person who shall wilfullj^ violate or aid in violating, or direct or order any 
one to violate Sections (4871) to (4874) of the Civil Code, as to the trans- 
portation of through freight, shall be guilty of a misdemeanor, and, upon 
conviction, shall be punished by a fine of not less than fifty dollars nor 
more than five hundred dollars, or by imprisonment not less than three 
months nor more than twelve months, or both, in the discretion of the 
Court. 

Crim. Code, '12, § 669; Crim. Code, '02, § 478; 1896. XXIT, 121. 

(645) § 11. Unlawful for Railroads to Collect for Crossing Bridges — 
Penalty. — It shall be unlawful for any agent or conductor of any rail- 
road to charge or collect any extra compensation from any passenger for 
crossing any bridge on any river which may be wholly or partly within 
this State. Any person violating this Section shall, upon conviction, be 
deemed guilty of a misdemeanor, and subject to a fine not to exceed one 
hundred dollars, or to imprisonment not to exceed thirty days. 

Crim. Code, '12, § 670 ; 1^106, XXV, 45. 

(646) § 12. Penalty for Refusal to Check Baggage. — Any agent or 
employee of any common carrier of passengers violating the provisions of 
Section (4950), Civil Code, shall, upon conviction, be deemed guilt}" of a 
misdemeanor, and subject to pay a fine not to exceed one hundred dollars, 
or to be imprisoned for a term not exceeding thirty days. 

Crim. Code, '12, § 671; 1904, XXIV, 379. 

Fleischman, etc., Co. v. Southern Railway, 76 S. C. 237, 241, 56 S. E. 974, 9 L. R. A., N. S., 519. 

(647) § 13. Police Powers of Conductors and Station Agents. — Con- 
ductors of railroad trains and station or depot agents are hereby declared 
to be conservators of the peace, and they and each of them shall have the 
common law power of Constables to make arrests, except that the conduc- 
tors shall only have such power on board of their respective trains and the 
agents at their respective places of business; and said conductors 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. 
Conductors and other employees of electric railways while in charge of the 
cars of said railway, are hereby invested with the powers of peace officers 
and authorized to make arrests as in the case of conductors of steam rail- 
roads. 

Crim. Code, '12, § 672 ; Crim. Code, '02, § 482 ; G. S. 1516 ; R. S. 1717 ; 1898, XXII, 
776; 1905, XXIV, 954. 

(648) § 14. Penalty for Officer or Employee Violating the Law as to 
Separate Cars for Each Race. — It shall be unlawful for the officers or 
employees having charge of such railroad cars as are provided for by 



196 CRIMINAL CODE 

Sections (4944) to (4947), inclusive, of the Civil Code, to allow or permit 
white and colored passengers to occupy the same car, except as herein 
permitted and allowed ; and for a violation of this Section any such offi- 
cer or employee shall be guilty of a misdemeanor, and, on conviction 
thereof, shall be punished by a fine of not less than twenty-five nor more 
than one hundred dollars. 

Crim. Code, '12, § 673; Crim. Code, '02, § 479; 1898, XXII, 777; 1900, XXIII, 457. 

Cited in Flood v. News and Courier Co., 71 S. C. 112, 50 S. E. 637, 4, Am. & Eng. Ann. Cas. 685. 

(649) § 15. Penalty for Passenger Refusing- to Obey Law as to Sep- 
arate Cars. — Any passenger remaining in a car other than that provided 
for him, after request by the officer or employee in charge of said car to 
remove into the car provided by him, shall be guilty of a misdemeanor, and, 
on conviction thereof, shall be fined not less than twenty-five dollars nor 
more than one hundred dollars. Jurisdiction of such offenses shall be in 
the county in which the same occurs. The conductor and any and all 
employees on such cars are hereby clothed with power to eject from the 
train or ear any passenger who refuses to remain in such car as may be 
assigned and provided for him, or to remove from a car not so assigned 
and provided. 

Crim. Code, '12, § 674 ; Crim. Code, '02, § 480 ; 1898, XXII, 777 ; 1900, XXIII, 457. 
Flood r. News, etc. Co., 71 S. C. 112, 118, 50 S. E. 637, 4 Am. & Eng. Ann. Cas. 685. 

(650) § 16. Penalty for Loitering in Station Houses, Etc. — Whoever, 
without right, loiters or remains within any station house of a railroad 
corporation, or upon the platform or grounds adjacent to such station, 
after being requested to leave the same by any authorized railroad, officer 
or employee, shall be guilty of a misdemeanor, and, on conviction thereof, 
shall pay a fine of not more than fifty dollars, or be confined in the county 
jail, or be required to work on the chaingang for not more than thirty 
days. 

Crim. Code, '12, § 675 ; Crim. Code, '02, § 481 ; G. S. 1515 ; R. S. 1731 ; 1882, XVIII, 
882; 1898, XXII, 776. > 

(651) § 17. Disorderly Conduct on Trains a Misdemeanor — Such 
Person to Be Ejected. — Any one who shall in any way be guilty of 
riotous or disorderly conduct, or who shall conduct himself or herself in 
any way to the annoyance of the traveling public, on the train, coach or 
car of any common carrier, shall be deemed guilty of a misdemeanor, and, 
upon conviction, shall be punished by a fine not exceeding one hundred 
dollars, or imprisoned for not more than thirty days. Any one conducting 
himself or herself in the manner herein described shall be subject to be 
ejected from said coach, train, or car. Any one so ejected shall have no 
cause of action for such ejectment. 

Criiii. Code, '12, § 676; 1910, XXYI, 702. 

(652) § 18. Misdemeanor to Drink Liquors in Passenger Car. — Any 
person or persons who shall publicly engage in the drinking of intoxicat- 
ing liquors in the presence of passengers on any passenger car in the 
State, shall be guilty of a misdemeanor, and, upon conviction, shall be fined 
not less than ten dollars and not to exceed fifty dollars, or imprisoned not 



OF SOUTH CAEOLINA 197 

to exceed thirty days; but this Section shall not apply to any dining or 
buffet car. 

Crim Code, '12, § 677 ; 1908, XXV, 1102. 

(653) §19. Penalty for Fraudulently Evading Toll or Fare.— Whoever 

fraudulently evades or attempts to evade the payment of any toll or fare, 
lawfully established, for the carrying of passengers, by giving a false 
answer to the collector of the fare, by traveling beyond the point to which 
fare has been paid, or otherwise attempting to ride without paying said toll 
or fare, or by riding without permission on trains that do not carry pas- 
sengers, or by concealing themselves upon or about any train, with intent 
to evade the payment of lawful toll or fare, shall be guilty of a misde- 
meanor, and, upon conviction thereof, shall pay a fine of not more than 
fifty dollars, or be sentenced to imprisonment or labor on the chaingang 
for not more than thirty days. 

Crim. Code, '12, § 678 ; Crim. Code, '02, § 483 ; G. S. 1517 ; R. S. 1732 ; 1898, XXII, 
776. 

(654) § 20. Obstructing' Railroads a Crime — Penalty. — Whoever wil- 
fully does or causes to be done anything with intent to obstruct any engine 
or carriage or car passing upon a railroad or electric railway, or with 
intent to endanger the safety of persons conveyed in or upon the same, or 
aids or assists therein, shall be punished by imprisonment in the State 
Penitentiary not more than five years, by fine not exceeding five 
hundred dollars, and imprisonment in the county jail not more than 
one year, and shall forfeit to the use of the corporation for each offense 
treble the amoimt of damages proved to have been sustained thereby, to 
be recovered in an action in am^ Court of competent jurisdiction. 

Crim. Code, '12, § 679; Crim. Code, '02, § 190; G. S. 1521; R. S. 179; 1906, XXVI, 46. 

(655) § 21. Shooting or Throwing at Trains a Misdemeanor. — Who- 
ever wilfully discharges any kind of firearms or throws any kind of mis- 
sile at or into the engine or any car of a train shall be guilty of a misde- 
meanor, and, on conviction thereof, shall be punished by a fine of not more 
than five hundred dollars, or imprisonment for not more than five years. 

Crim. Code, '12, § 680 ; Crim. Code, '02, § 484 ; R. S. 1734a ; 1898, XXII. 776. 
Circumstantial evidence; Judge's charge. State v. Godirev, 60 S. O. 498, 39 S. E. 1. 
Throwing rocks at train. Loggins v. Rt., 64 S. C. 321, 42 S. E. 164. 

(656) § 22. Misdemeanor to Place Any Explosive on Railroad Rails. 

— It shall be unlawful for any unauthorized person or persons to place 
any explosive substance whatever upon the rail of any railroad, whether 
operated by steam, electricity or otherwise, in this State, and any person 
or persons w^ho violates the provisions of this Act, or aids or assists therein, 
shall be deemed guilty of a misdemeanor, and upon conviction thereof shall 
be sentenced to pay a fine of not more than one hundred dollars, or im- 
prisonment not exceeding thirty days, in the discretion of the Court or 
Magistrate. 

Crim. Code, '12, § 681 ; 1905, XXIV, 904. 

(657) § 23. Unlawful for Railroads to Violate Act of Congress to 
Regulate Commerce. — It shall be unlawful for any railroad corporation 



198 CRIMINAL CODE 

doing business in this State, or any officer, agent or employee thereof, to do 
herein any act which constitutes a violation of the Act of Congress entitled 
"An Act to regulate commerce," or the Acts amendatory hereof, or any 
order of the Interstate Commerce Commission issued thereunder. Any 
corporation aforesaid violating this Section shall be guilty of a high mis- 
demeanor and liable to indictment therefor in any county where said 
offense is committed, and, on conviction, shall be fined not less than one 
thousand dollars or more than five thousand dollars for each such offense. 
And the doing of such act or acts in addition shall constitute a ground for 
the forfeiture of the charter and franchise of any such corporation in this 
State, and for the withdrawal and forfeiture of any franchise or license or 
right to operate railroads herein enjoyed or exercised herein by grant, 
contract, statute or comity by any such corporation chartered elsewhere; 
and any person or corporation, public or private, injured by any such 
act of such railroad company, may maintain quo warranto in the Cir- 
cuit Court of the residence, or, if nonresident, of the principal office of 
such corporation, to enforce such forfeiture, which said Court is hereby 
given jurisdiction so to decree. Conviction and punishment for a misde- 
meanor under this Section shall not prevent proceedings also for forfeiture 
and judgment. 

Violation by Agent, Etc., a Misdemeanor. — Any officer, agent or em- 
ployee doing or engaged in any such act shall be also guilty of a misde- 
meanor, and, on conviction, shall be punished by a fine not to exceed one 
thousand ($1,000) dollars and imprisonment not to exceed twelve months, 
or either or both of these penalties. 

Crim. Code, '12, § 682; Crim. Code, '02, § 485; 1897, XXII, 448. 

(658) § 24. Unlawful to Take Part in Any Violation of Act.— Every 
person taking part in the said violation in any way, even in carrying out 
the orders of superior officers, or in collecting the proceeds of any illegal 
charge, shall be equally guilty of a violation of Section (657) ; and the 
offense shall be equally held to have been committed in the county where 
said act is finally carried out, or where any illegal charge is collected, as 
well as where the act or charge is ordered or agreed upon, or any step 
taken in execution thereof. 

Crim. Code, '12, § 683; Crim. Code, '02, § 486; 1897, XXII, 448. 

(659) § 25. — Each Act a Separate Offense. — Each act .done in viola- 
tion of said Section (657) to regulate commerce, its amendments, or of 
any orders of said Commission, or of each separate failure to obey the- 
same, or discrimination, or preference, or overcharge to each separate per- 
son or corporation, shall constitute, both as to the railroad company offend- 
ing or said officers, agents or employees, separate offenses hereunder, and 
render the corporation or person offending liable to successive indictment 
and punishment therefor. 

Command of Superior Officer No Defense. — No command of a supe- 
rior officer shall constitute any defense or excuse for a violation of Sec- 
tion (657) by an inferior. 

Crim. Code, '12, § 684 ; Crim. Code, '02, § 488 ; 1897, XXII, 448. 



OF SOUTH CAROLINA 199 

(660) § 26. Railroad Companies Required to Furnish Shippers of 
Live Stock Certain Information. — Any railroad company doing business 
in South Carolina shall be required to furnish the owner, or shipper, or 
their agents, full information concerning the shipment, movement and 
delivery of live stock when en route, and on said company's line or in said 
company's possession. If company cannot make time published in schedule, 
they must, whenever as much as three hours behind schedule time, wire 
owner and agent at destijiation extent of and cause of delay, and advise 
him of expected time of arrival. Upon failure to furnish such information, 
and upon failure to give shipper benefit of best connection as published in 
schedule, railroad company shall pay a fine not more than twenty-five dol- 
lars : Provided, That nothing herein contained shall interfere with the 
transmission of train orders : Provided, further. That in the event of 
failure upon the part of any common carrier to give the information herein 
required, it shall be incumbent upon such common carrier affirmatively to 
show that such failure was due to the necessary use of the wire, or wires, 
for transmission of train orders. 

Crim. Code, '12, § 685 ; 1906, XXV, 114. 

(661) § 27. Unlawful for Certain Steamboat Lines to Change Schedule 
Without Notice — Penalty. — It shall be unlawful for any steamboat 
company, firm or corporation, running a line of boats from Savannah to 
Bluffton, South Carolina, and way stations, and return on a regular' sched- 
ule, to change their schedule without giving ten days notice of said 
change by posting same in a conspicuous place at each landing. 

Any steamboat company, firm or corporation violating the provisions of 
this Section, shall be subject to a fine of not less than $50 and not more 
than $100. 

Crim. Code, '12, § 6S6 ; 1911, XXVII, 150. 

(662) § 28. Railroad Corporations to Pay Railroad Shop Employees 
Semi-monthly. — All railroad corporations doing business in this State 
shall pay their employees engaged in work in their shops semi-monthly: 
Provided, That nothing contained in this Section shall apply to railroads 
owning, leasing or operating less than 35 miles in South Carolina. Any 
railroad corporation violating the provisions of this Section shall, upon 
conviction in any Court of competent jurisdiction, be liable to a fine of 
not more than one hundred ($100.00) dollars, or less than twenty-five 
($25.00) dollars. 

1914, XXVIII, 699. 

(663) § 29. Punishment for Violations of Provisions of Civil Code as 
to Explosives. — Whoever knowingly violates or knowingly causes or per- 
mits the violation of any provision of Sectons (4936) and (4937) of the 
Civil Code, or knowingly transports or causes oi* permits the transporta- 
tion of any explosive compound, in any manner other than in conformity 
with the rules made by the Kailroad Commissioners, shall be punished by 
a fine of not less than fifty nor more than five thousand dollars, or by im- 
prisonment in the State prison not exceeding five years. 

Civ. '12, § 3243; Civ. '02, § 2152; G. S. 1506; R. S. 1705; 1882, XVII, 830. 



200 CRIMINAL CODE 

CHAPTER XIII. 

Violation of the Law Regulating the Assessment and Collection of Taxes. 

(664) § 1. Auditor May Compel Oath. — Any person claiming 
not to have any property shall, upon the demand of the Auditor, make 
oath to the fact that he has no property; and if he refuse to make such 
oath he shall be deemed guilty of a misdemeanor, and, upon complaint 
of such Auditor to the Court of General Sessions of the county, and upon 
conviction thereof, shall be arrested and confined in the jail of the county 
until he answers such questions, under oath, as may be propounded to him 
by such Auditor, and pay the costs of the proceedings. 

Crim. Code, '12, § 687; Crim. Code, '02, § 490; G. S. 212; R. S. 375; 1882, XVII, 
3004. 

(665) § 2. Penalty for Refusing to Appear Before Auditor.— If any 

person notified, either as a party or witness, to appear before the County 
Auditor at a time fixed in said notice to be examined by said Auditor, under 
oath, touching the personal property and the value of such property, and 
everything which may tend to evince the true amount of such property re- 
turned for taxation, shall refuse or neglect to appear as notified, or shall 
refuse to be sworn, or refuse to answer any question put to him by said 
Auditor touching the matter under examination as aforesaid, he shall be 
deemed guilty of a misdemeanor and be liable to indictment therefor in 
the Court of General Sessions. Upon conviction thereof, or of any said 
refusals, or of such neglect, he shall be fined in any sum not exceeding 
one hundred dollars and costs of prosecution, and be confined in 
county jail of said county until answer shall be made to all questions which 
may be propounded to him by said Auditor and such fine and costs paid; 
and when such fine is collected it shall be paid into the County Treasury 
to the credit of the county. In every such case the County Auditor shall 
report the facts to the Solicitor of the Circuit, who shall forthwith prepare 
an indictment thereon and submit the same to the grand jury. 
' Crim. Code, '12, § 688 ; Crim. Code, '02, § 491 ; G. S. 240 ; R. S. 376 ; 1882, XVII, 
1004. 

(666) § 3. Nonpayment of Poll Tax. — Any person failing or refusing 
to pay his poll tax within the time prescribed by law, shall be deemed 
guilty of a misdemeanor, and, on conviction thereof, shall be punished by 
fine not exceeding ten dollars, together with costs of said suit, or by im- 
prisonment at hard labor on the public works of the county not more than 
twenty days: Provided, That the county shall not pay the costs or fees 
of any Constable or Sheriff for the execution of any warrant or other 
process issued in any case by virtue of the provisions of this Section, unless 
the defendant in such case shall be arrested and convicted. 

Crim. Code, '12, § 689; Crim. Code, '02, § 492; R. S. 377; 1892,^ XXI, 43; 1899. 
XXIII, 120 ; 1901, XXIII, 780 ; 1908, XXV, 1245. 

Affidavit for warrant: Rogers v. Marlboro County, 32 S. C. 555, 11 S. E. 383. 

(667) § 4. Railroad Officer, Agent or Receiver Refusing to Answer 
Question by Comptroller G-eneral. — ^If any officer, receiver or agent of 
any railroad company having anj^ portion of its tracks in this State shall 



OF SOUTH CAROLINA 201 

refuse or neglect to appear before the Comptroller General, or the person 
appointed by him, or to answer any question put to him or them, as pro- 
vided for in Section 336 of the Civil Court, or submit the books and papers 
aforesaid for examination, in manner provided in said Section, he shall be 
deemed guilty of a misdemeanor, and, upon indictment and conviction 
therefor in the Court of General Sessions for any county (which Court 
shall have complete and full jurisdiction in all such cases), shall be fined 
in any sum not exceeding five thousand dollars and costs of prosecu- 
tion, and confined in the jail of said county until he answers all questions 
which may be put to him by the Comptroller General until said fine and 
costs be paid. 

Crim. Code, '12, § 690 ; Crim. Code, '02, § 493 ; R. S. 378 ; 1882, XVII, 902. 

(668) § 5. Perjury to Testify Falsely Before Tax Commission. — Any 

person who shall testify falsely in any matter under consideration by the 
Tax Commission shall be guilty of, and punished for, perjury. 
1915, XXIX, 125. 

(669) § 6, Evasion of License Fees in CoUeton County — Failure to 
Pay a Misdemeanor. — If any of the parties liable to a license as described 
by Sections (1412) to (1413), and who shall fail or refuse to pay the said 
license as the same shall become due under the provisions of said Section, 
said parties shall be liable to prosecution in the Magistrate's Court and 
subject to a fine, in ease of conviction, in a sum not less than five dollars 
nor moire than twenty-five dollars, or of imprisonment of not less than 
five days nor more than ten days, in the discretion of the Magistrate. 

1918, XXX, 834. 

(670) § 7. Violation of Vehicle License Law in Clarendon County 
a Misdemeanor — Penalty. — Any person operating a vehicle required to 
be registered under the provisions of Sections (1276) to (1285), Civil 
Code, upon any road of said county, without having obtained a license 
therefor, or without having a sign or marker, as therein provided, displayed 
in the rear of said vehicle, shall be deemed guilty of a misdemeanor, and 
shall be subject to a fine not exceeding twenty-five dollars or imprison- 
ment not exceeding thirty days. 

1920, XXXI, 922. 

(671) § 8. Evasion of Vehicle License in Darlington County. — Any 

corporation, firm, person or persons violating any provisions of Section 
(1445-1448), Civil Code, shall be deemed guilty of a misdemeanor, and, 
upon conviction thereof by any Court of competent jurisdiction, shall be 
liable to a fine of not less than ten dollars nor more than one hundred 
dollars, or imprisonment upon the public works for not less than ten days 
nor more than thirty days. 
1918, XXX, 850. 

(672) § 9. Evasion of Licenses in Dorchester County. — Any 

violation of Sections (1488) to (1491), Civil Code, shall be punishable 
by a fine of not exceeding one hundred dollars or imprisonment not ex- 
ceeding thirty days. 
1917, XXX, 282. 



202 CRIMINAL CODE 

(673) § 10, Evasion of Vehicle License in Williamsburg County. — 

Any person, persons, firms or corporations who are residents or have 
their place of business, operating or causing to be operated, any vehicle 
upon the roads of Williamsburg County without having- first procured a 
license therefor as provided in Section (2013), Civil Code, shall be deemed 
guilty of a misdemeanor, and, upon conviction, shall be fined not less than 
five nor more than twenty dollars, or imprisoned not more than thirty 
days, at the discretion of the Court, for each offense : Provided, That any 
person, firm or corporation purchasing such license shall be required to, 
display on the vehicle for which such license has been acquired, the tag 
with the number thereon, such tag to be in such place on said vehicle as 
shall be easily seen by any person meeting or approaching said vehicle, 
and any violation of this provision shall be deemed to be a misdemeanor 
and punishable as required by this Act for refusal to purchase said 
license, 

1919, XXXI, 196; 1920, XXXI, 991; 1921, XXXII, 155. 

(674) § 11. Owning or Harboring of Dog, Without Return and 
Payment of Tax a Misdemeanor — Penalty — Disposition of Fine, — Any 

person owning, harboring or maintaining a dog failing or refusing to 
return and pay the tax provided in the Civil Code, shall be deemed 
guilty of a misdemeanor, and, upon conviction thereof, shall be fined not 
less than five ($5.00) dollars nor more than twenty ($20.00) dollars, 
one-half of which shall go to the person reporting said failure to paj: 
said tax, and one-half to the public school fund in which said derelict 
occurs. 

1920, XXXI, 1082. 

(675) § 12. Nonpayment of Game Preserve License a Misdemeanor 
— Penalty. — The license fees provided for in Chapter LXI, Civil Code, 
shall be a first lien upon the property upon which it is placed, and any 
persons, firms, corporations or associations failing or refusing to pay the 
license hereby imposed shall be guilty of a misdemeanor and punishable 
by fine or imprisonment in the discretion of the Court. 

1920, XXX, 988. 

(676) § 13, Failure to Pay Special Road Tax, — Any failure on the 
part of any one liable therefor to pay the special road or commutation road 
taxes as required by law, in Abbeville, Berkeley, Dorchester, or Calhoun 
Counties, shall be a misdemeanor and shall be punished in Abbeville 
County by a fine of not less than five dollars nor mo!re than fifty dollars, 
or by imprisonment for not more than thirty days ; in Berkeley County 
by a fine of not less than five dollars nor more than twenty dollars, or im- 
prisonment for not more than thirty days; in Calhoun and Dorchester 
Counties, by a fine of not less than five nor more than fifty dollars, or by 
imprisonment for not more than thirty days. 

Crim. Code, '12, § 640. 

(677) § 14. Penalty for Evasion. — Commutation Tax in Aiken County. 

— That any person failing or refusing to pay the said commutation tax 
shall be fined in the sum of not more than twenty-five ($25.00) dollars, 



OF SOUTH CAROLINA 203 

or imprisonment for not more than thirty days by any Court of com- 
petent jurisdiction. 
1921, XXXII, 192. 

(678) § 15. Nonpayment of Road Tax in Allendale County a Mis- 
demeanor — Penalty. — Any person or persons failing or refusing to pay 
said tax or perform labor on said roads as provided in Section (1186), 
Civil Code, shall be deemed guilty of a misdemeanor, and shall, upon 
conviction, be punished by a fine of not less than five dollars nor more 
than fifty dollars, or imprisonment for not more than thirty days. 

1919, XXXI, 90, 293; 1920, XXXI, 854. 

(679) § 16. Failure to Pay Road Tax in Bamberg County a Mis- 
demeanor. — All persons who are liable to road duty in said county, as 
fixed in Section (2962), Civil Code, in lieu of performing, or causing to 
be performed, labor upon the public highways of said county, shall be 
required to pay to the County Treasurer of said county an annual com- 
mutation or road tax of four dollars per head, which shall be expended 
upon the public roads of the county, and, as nearly as possible, within 
the school district from which it was collected; and any failure to pay 
said road tax shall be a misdemeanor, and the offender, upon conviction, 
shall be punished by a fine of not less than five dollars and not more 
than fifty dollars, or imprisoned for not more than thirty days. 

Civ. '12, § . 1981 ; 1911, XXVII. 192 ; 1912, XXVII, 632 ; 1915, XXIX, 194 ; 
1920, XXXI, 771; 1921, XXXII, 103. 

(680) § 17. Evasion of Road Tax in Barnwell County — Failure to 
Pay Tax a Misdemeanor. — Any person liable to road duty in Barnwell 
County failing to pay commutation tax shall be deemed guilty of a misde- 
meanor, and, upon conviction thereof, fined not less than five dollars nor 
more than twenty dollars, or be confined at hard labor for a period of 
twenty days. . 

Civ. '12, § 1989; 1911, XXVII, 175. 

(681) § 18. Failure to Pay Commutation Tax in Beaufort County a 
Misdemeanor — Penalty. — Any person in Section (2965-2966) Civil Code, 
made liable to the payment of said road tax who shall fail to make such 
payment shall be deemed guilty of a misdemeanor, and, upon conviction 
thereof, shall be punished by a fine of not less than five ($5.00) dollars 
nor more than ten ($10.00) dollars, or by imprisonment for not less than 
ten nor more than thirty days. 

1918, XXVIII, 176; 1914, XXVIII, 697; 1915, XXIX, 445; 1916, XXIX, 898; 
1917, XXX, 252; 1919, XXXI, 193; 1921, XXXII, 233. 

(682) § 19. Evasion of Road Duty in Chester County. — Any person 
in Chester County liable to road duty who shall fail or refuse without 
lawful excuse to appear and render the service required of him in person 
or by substitute after receiving twenty-four hours notice or warning in 
writing of the time and place he is to report for duty shall be guilty of a 
misdemeanor and punishable by a fine of not exceeding twenty-five ($25.00) 
dollars or imprisonment at hard labor not exceeding thirty (30) days. 

1913, XXVIII, 173 ; 1916. XXIX, 851 ; 1920, XXXI, 816. 



204 CRIMINAL CODE 

(683) § 20. Commutation Road Tax in Chesterfield County — Non- 
payment a Misdemeanor — Penalty — Disposition of Fines. — Any person 
liable to road duty in Chesterfield County under Section (1388), Civil 
Code, and failing to pay said road tax shall be guilty of a misdemeanor, 
and, upon conviction, shall pay a fiLQC of not less than ten ($10.00) dollars, 
nor more than fifty ($50.00) dollars, or be imprisoned for not less than 
ten days nor more than thirty days, in the discretion of the Court, and 
all fines collected for the nonpayment of said road tax shall be credited 
to the road fund of the township where such party failing to pay same 
resides. 

1916, XXIX, 853; 1918, XXX, 864; 1919, XXXI, 192; 1920, XXXI, 1034. 

(684) § 21. Evasion of Road Tax in Clarendon County a Misdemeanor 
— Penalty. — Any person in Clarendon County made liable to the payment 
of road tax, who shall fail to make such payment when due, or who shall 
fail or refuse to work on the said roads, after having been warned by the 
said overseer, shall be deemed guilty of a misdemeanor, and, upon con- 
viction thereof, shall be punished by a fine of not less than five ($5.00) 
dollars and not more than twenty-five ($25.00) dollars, or by imprisonment 
of not less than ten nor more than thirty days. 

1919, XXXI. 78; 1920, XXXI, 879; 1921, XXXII. 59. 

(685) § 22. Commutation Road Duty in Darlington County — Evasion 
a Misdemeanor — Penalty. — Any persons in Darlington County liable to 
road duty who shall fail or refuse, without lawful excuse, to appear and 
render the service required of him in person, or by substitute, after receiv- 
ing twenty-four hours notice or warning in writing of the time and place 
he is to report for duty, shall be guilty of a misdemeanor, and punish- 
able by a fine of not exceeding twenty-five ($25.00) dollars, or imprison- 
ment at hard labor not exceeding thirty days. 

Civ. '12, §§ 2033, 2034; 1908, XXV, 1197; 1914, XXVIII, 757; 1920, XXXI, 834. 

(686) § 23. Evasion of Commutation Tax in Edg-efield County a Mis- 
demeanor — Penalty — Proviso.— All persons who are liable to the payment 
of commutation or road tax in Edgefield county, who shall fail to pay 
such commutation or road tax when the same becomes due, shall be guilty 
of a misdemeanor, and, upon conviction, shall be punished by a fine of not 
less than eight ($8.00) dollars and not more than twenty-five ($25.00) 
dollars, or imprisonment of not less than ten (10) days nor more than 
thirty (30) days : Provided, That any person liable to penalty for nonpay- 
ment of road tax may pay the amount of said penalty to the Sheriff or 
County Treasurer or County Supervisor and said officers are authorized 
to accept eight ($8.00) doUars in full payment of said penalty when 
voluntarily paid by the person so liable. 

1921, XXXII, 257. 

(687) § 24. Failure to Pay Tax or Work Roads in Fairfield County 
Misdemeanor. — Any persons liable under Section (1511), Civil Code, to 
road duty and failing to pay said road tax shall be guilty of a mis- 
demeanor, and, upon conviction, shall pay a fine of not less than ten 
($10.00) dollars nor more than fifty ($50.00) dollars, or be imprisoned 



OF SOUTH CAROLINA 205 

for not less than ten days nor more than thirty days, in the discretion of 
the Court, and all fines collected for the nonpayment of said commutation 
road tax shall be credited to the road fund of the township where such 
party failing to pay the same resides. 
1915, XXIX, 595 ; 1921, XXXII, 75. 

(688) § 25. Failure to Pay a Road Tax in Florence County a Mis- 
demeanor— Penalty.— Any person in Florence County liable to payment 
of road tax who shall fail to make such payment shall be guilty of a 
misdemeanor, and, upon conviction thereof, shall be punished by fine 
of not less than five ($5.00) dollars and not more than ten ($10.00) dol- 
lars, or by imprisonment of not less than ten nor more than thirty days. 

1919, XXXI. 122. 

(689) § 26. Nonreturn for, or Nonpayment of, Commutation Road 
Tax in Georgetown County a Misdemeanor— Penalty.— Any person under 
Section (1548), Civil Code, made liable for the payment of said capitation 
road tax, who shall fail to make such payment when same is due, or who 
fails to list said tax at the time provided for listing the same with the 
Auditor, shall be guilty of a misdemeanor, and, upon conviction thereof, 
shall be punished by a fine in a sum not less than five ($5.00) dollars 
and not more than ten ($10.00) dollars, or by imprisonment for not less 
than ten (10) days or more than thirty (30) days. 

1912, XXVII, 682; 1920, XXXI, 1096. 

(690) § 27. Failure to Pay Road Tax in Greenville County a Mis- 
demeanor— Penalty— Proviso.— All persons who are liable to the pay- 
ment of commutation or road tax in Greenville County, who shall fail to 

' pay such commutation or road tax when the same becomes due, shall 
be guilty of a misdemeanor, and, upon conviction, shall be punished by a 
fine of not less than five dollars and not more than twenty-five dollars, 
or imprisonment of not less than ten days nor more than thirty days: 
Provided, That any person liable to penalty for nonpayment of road tax 
may pay the amount of said penalty to the Sheriff or County Treasurer, 
and said officers are authorized to accept $5.00 in full payment of said 
penalty when voluntarily paid by the person so liable. 
1917, XXX, 283. 

(691) § 28. Evasion of Road Tax in Greenwood County a Misde- 
meanor— Penalty.— Any person in Section (1614), Civil Code, made liable 
to the payment of said road tax who shall fail to make such payment 
shall be guilty of a misdemeanor, and, upon conviction thereof, shall be 
punished by fine of not less than five ($5.00) dollars and not more than 
ten ($10.00) dollars, or by imprisonment of not less than ten or more 
than thirty days. 

1920, XXXI, 942. 

(692) § 29. Failure to Pay Road Tax in Hampton County a Mis- 
demeanor. — All persons who are liable to road duty as provided in Sec- 
tion (1637), Civil Code, in lieu of performing, or causing to be performed, 
labor upon the highways of said county, shall be required to pay to the 



206 CRIMINAL CODE 

County Treasurer of said county an annual commutation road tax of 
two dollars per head, which shall be expended upon the public roads of 
the county, and as nearly as possible, within the township from which 
it was collected ; and any failure to pay said road tax shall be a misde- 
meanor, and the offender, upon conviction, shall be punished by a fine 
of not less than five dollars nor more than fifty dollars, or imprisoned 
for not more than thirty days. 

Civ. '12, § 1981; 1911, XXVII, 192; 1915, XXIX, 194. 

(693) § 30. Evasion of Road Duty in Horry County a Misdemeanor. 

- — Any person liable to road duty under Sections (1663) to (1664), Civil 
Code, and not having paid his commutation road tax in lieu thereof 
by the aforesaid date or dates, and who shall fail to work the full six 
days when required to do so, shall be guilty of a misdemeanor, and, upon 
conviction thereof, shall be punished by a fine of not more than twenty 
($20.00) dollars, or by imprisonment of not more than thirty days at 
hard labor. 

1912, XXVII, 582; 1915, XXIX, 465. 

(694) § 31. Misdemeanor Not to Pay Road Tax in Jasper County. 

— Any person in Jasper County who shall fail to pay commutation tax 
shall be guilty of a misdemeanor, and, upon conviction thereof by any 
Court of competent jurisdiction, shall be punished by a fine of not less 
than five dollars nor more than twenty dollars, or be confined at hard 
labor upon the public works of said county for not less than ten days 
nor more than thirty days. 

1913, XXVIII, 173. 

(695) § 32. Evasion of Road Tax in Kershaw County a Misdemeanor 
— Penalty. — Any person in Section (1683), Civil Code, made liable to the 
payment of road tax who shall fail to make such payment shall be guilty 
of a misdemeanor, and, upon conviction thereof, shall be punished by 
fine of not less than five ($5.00) dollars and not more than ten ($10.00) 
dollars, or by imprisonment of not less than ten or more than thirty days. 

1912, XXVII, 846; 1920, XXXI, 951. 

(696) § 33. Failure to Pay Road Tax in Lancaster County a Misde- 
meanor. — All such persons failing or refusing to perform such labor, or 
pay said tax provided in Sec. (1701), Civil Code, shall be guilty of a 
misdemeanor, and, upon conviction, shall be subject to a fine of not less 
than twenty ($20.00) dollars, nor more than one hundred ($100.00) 
dollars, or imprisonment for not exceeding thirty (30) days. 

Civ. '12, § 2061 ; 1911, XXVII, 171 ; 1920, XXXI, 933 ; 1921, XXXII, 88. 

(697) § 34. Evasion of Road Tax in Laurens County a Misdemeanor 
— Penalty. — All persons liable to commutation or road tax of Laurens 
County, who shall fail to pay such commutation or road tax when same 
shall become due, shall be guilty of a misdemeanor, and, upon conviction, 
shall be punished by a fine of not less than ten ($10.00) dollars, nor 
more than twenty-five ($25.00) dollars, or imprisonment not less than ten 
nor more than thirty days : Provided, That any person liable to penalty 



OF SOUTH CAROLINA 207 

for nonpaymeut of said tax may pay the amount due and costs to the 
Sheriff when such payment is voluntarily made. 

1920, XXXI, 967. 

(698) § 35. Persons Liable for Road Duty in Lee County to Pay 
Tax — Penalty. — All persons who are liable to road duty in said county, 
as fixed by Section (2992), Civil Code, in lieu of performing or causing 
to be performed, labor upon the public highways of said county, shall be 
required to pay to the County Treasurer of said county at the same time 
other taxes are paid, an annual commutation or road tax of two dollars 
per head, which shall be expended upon the public roads of the county, 
and as nearly as possible from the township from which it was collected. 
Said tax to be collected as poll tax is now collected, and any failure to 
pay said road tax shall be a misdemeanor, and the offender, upon con- 
viction, shall be punished by a fine of not less than five dollars and no 
more than fifty dollars, or imprisoned for not more than thirty days. 

1912, XXYII, S55; 1913, XXVIII, 32. 

(699) § 36. Violation of Road Law in Lexin^on County — Penalty. — 

That ail persons violating any of or all sections (1722-1749), Civil Code, 
shall be guilty of a misdemeanor, and, upon conviction, subject to a fine 
of not less than twenty-five ($25.00) dollars nor more than fifty ($50.00) 
dollars or not less than twenty-five days nor more than sixty days on the 
county chain gang. 

1921, XXXII, 81. 

(700) § 37. Failure to Pay Tax or Labor in McCormick County a 
Misdemeanor — Penalty. — Any person or persons failing or refusing to 
pay said tax or perform labor on said roads, as provided in Section 
(2994), Civil Code, shall be deemed guilty of a misdemeanor, and shall, 
upon conviction, be punished by a fine of not less than five dollars nor 
more than fifty dollars, or imprisonment for not more than thirty days. 

1917, XXX, 288. 

(701) § 38. Commutation Tax in Marion County — Work in Lieu There- 
of — Penalty. — All persons who are liable to road duty in said county as 
fixed in Section (1758), Civil Code, in lieu of performing or causing to 
be performed, labor upon the public highways of said county, shall be 
required to pay to the County Treasurer of said county before March 
15th in each and every year an annual commutation or road tax of two 
dollars per head : Provided^ That all persons who are liable to road duty 
in said county, as fixed in said Section, in lieu of paying said com- 
mutation or road tax, may perform six days labor of ten hours each on 
the highways, five days of which shall be performed by or before October 
15th, in each and every year, and any person who shall elect to perform 
said work, in lieu of paying said commutation tax, shall be furnished 
by overseer of his road district a certificate setting forth the fact that 
he has worked full time, and the filing of said certificate with the County 
Treasurer, and the receipt of the. latter therefor, shall be satisfaction of 
said tax or labor, and any failure to pay said road tax or perform such 



208 CRIMINAL CODE 

labor shall be a misdemeanor, and the offender, upon conviction, shall be 
punished by a fine of not less than ten dollars and not more than 
twenty-five dollars, or imprisonment for not more than thirty days, out 
of which fine the Magistrate shall be allowed to retain two dollars as 
compensation for his services therein. 

1912, XXVII, 842; 1916, XXIX, 859; 1917, XXX, 243; 1919, XXXI, 279. 

(702) § 39. Commutation Road Tax in Marlboro County — Road Duty 
— Evasion a Misdemeanor — Penalty. — From and after January 1, 1921, 
all able-bodied male persons between the ages of eighteen and fifty, both 
inclusive, residing in Marlboro County, not exempt under the general 
law, except those who are required to perform road duty or pay a com- 
mutation tax in incorporated cities or towns, shall be subject to road 
duty, and shall be required to perform,- or cause to be performed, an- 
nually, six days labor upon the roads of the county with respect to 
roads and highways in which he shall reside : Provided, All persons 
subject to road duty may, in lieu of performing such labor, pay to the 
County Treasurer, on or before the first day of March of each year, the 
sum of one dollar and a half per annum as commutation tax. All 
persons subject to road duty who shall fail to pay the commutation tax, 
herein provided, shall be called out to and caused to labour, or to furnish 
an acceptable substitute for the required number of days each year, at 
the direction of the Supervisor of Roads, or his duly authorized deputy 
or agent, and under such rules and regulations as the Board may pre- 
scribe. Any person liable to road duty, who shall fail or refuse, without 
lawful excuse, to appear and render the service required of him, in 
person, or by acceptable substitute, after receiving twenty-four hours 
notice or wa;rning in writing of the time and place he is required to 
report for duty, shall be guilty of a misdemeanor, and punished by a 
fine of not exceeding twenty-five ($25.00) dollars, or imprisonment at 
hard labor not exceeding thirty days. 

1915, XXIX, 581; 1916, XXIX, 862; 1920, XXXI, 1016. 

(703) § 40. Commutation Road Tax for Oconee County — Failure to 
Pay a Misdemeanor — Penalty. — "That all able-bodied male persons re- 
siding in Oconee county, between the ages of 21 and 50 years, inclusive, 
shall each be liable for the payment of an annual commutation road tax 
of two and fifty one-hundredths ($2.50) dollars, which shall be due and 
payable between the 15th day of October and the 15th day of March of 
each and every year, except ministers of the Gospel actually in charge 
of congregations, persons permanently disabled in the military service 
of this State and of the United States, and persons who served in the 
late War Between the States, school trustees, school teachers actually 
engaged in teaching school and all persons physically unable to do manual 
labor and all persons residing within any corporate city or town of said 
County: Provided, That any person claiming exemption from the provi- 
sions of this Section on the ground of physical disability, where such dis- 
ability is not apparent, shall be required to give a certificate of disability 
from two regular physicians : Provided, further, That in the event of 
the failure to pay same within said dates of any one liable therefor, he 



OF SOUTH CAROLINA 209 

shall be guilty of a misdemeanor and shall pay a fine of not less than 
ten ($10.00) dollars nor more than twenty ($20.00) dollars, or be con- 
fined to the public works on the roads of Oconee county for not more 
than ten (10) days. 

1912, XXVII, 846; 1913, XXVIII, 174; 1917, XXX, 764; 1920, XXXI, 764; 
1921, XXXII, 108. 

(704) § 41. Commutation Tax in Richland County. — All persons who 
are liable to road duty in said county as fixed by Section (3004), Civil 
Code, in lieu of performing or causing to be performed labor upon the 
public highways of said county, shall be required to pay the County 
Treasurer of said county, between the 15th day of October and the 31st 
day of December in each and every year, an annual commutation or road 
tax of one dollar per head, which shall be expended upon the public roads 
of the county, and as nearly as possible in the township from which it 
was collected; and any failure to pay iroad tax shall be a misdemeanor, 
and the offender, upon conviction, shall be punished by a fine of not 
less than five dollars and not more than fifty dollars, or imprisoned for 
not more than thirty days. 

Civ. '12, § 2094; 1911, XXVII, 181; 1912, XXVII, 537; 1918, XXX, 752. 

(705) § 42. Penalty for Failure to Pay Eoad Tax in Spartanburg 
County. — All persons who are required to pay said road tax, in Spar- 
tanburg County, as fixed by Section (1903), Civil Code, shall pay the 
same to the County Treasurer of said county between the 15th day of 
October and the 15th day of March in each and every year, and it shall 
be expended upon the public roads of said counties, and any failure 
to pay said road tax shall be a misdemeanor, and the offender, upon 
conviction, shall be punished by a fine of not less than five ($5) dollars 
and not more than twenty-five ($25) dollars, or imprisonment for not 
more than thirty (80) days, out of which fine the Magistrate shall be 
allowed to retain two ($2) dollars as compensation for his services 
therein, and the Constable serving the warrant, one dollar, and the 
same process and proceedings shall be had and taken as in cases of 
default in payment of poll tax. 

1912, XXVII, 846. 

(706) § 43. Commutation Tax in Union County. — All persons who 
are liable to road duty as fixed by Section (1950), Civil Code, in lieu of 
performing or causing to be performed labor upon the public highways of 
said county, shall be required to pay to the County Treasurer of said 
county, at the same time other taxes a;re paid, an annual commutation 
or road tax of $2.00 per head, which shall be expended upon the public 
roads of the township from which collected. Said tax to be collected as 
poll tax is now collected, and any failure to pay said road tax shall be 
a misdemeanor, and the offender, upon conviction, shall be punished by a 
fine of not less than $5.00 and not more than $50.00, or imprisonment 
for not more than thirty days. 

Civ. '12, § 1121, 2112; 1908, XXV, 1191; 1909, XXVI, 138; 1913, XXVIII, 39; 
1916, XXIX, 868; 1919, XXXI, 196. 

15 C L 



210 CRIMINAL CODE 

CHAPTER XIV. 

Bastardy. 

(707) § 1. Reputed Father of Bastard to Maintain It — To Give 
Bond, Etc. — If any woman be delivered of a bastard child or children, 
and shall, at any time after the birth thereof, give information to some Mag- 
istrate of the county in which she resides, or may be so delivered, and will 
declare, on oath, who is the father of her child or children, it shall be the 
duty of such Magistrate to issue a warrant to apprehend and bring before 
him, or some other Magistrate, the person so accused, who shall be obliged 
to enter into a recognizance with two good and sufficient sureties, in the 
penal sum of three hundred dollars, conditioned for the annual payment of 
twenty-five dollars for the maintenance of the child until the age of twelve 
years, and so to save harmless the said county. 

Crim. Code, '12, § 691 ; Crim. Code, '02, § 494 ; G. S. 1579 ; R. S. 379 ; 1795, V, 270 ; 
1S3.9, XI, 24. 

Conviction may be had on uncorroborated testimony of the mother. State v. Meares, 60 S. C. 527, 
39 S. E. 245. 

Such recognizance is the judgment of the Court, and while unreversed cannot be questioned. State 
V. Harman, 3 Hill 275. 

A voluntary bond for maintenance of bastard is good at common law. Commissioner v. Gilbert, 
2 Strob. 154. 

The child of a married woman mav be a bastard. State v. Schumpert, 1 S. C. 87. 

Presumption as to legitimacy. Kennington v. Catoe, 68 S. C. 470, 47 S. E. 719. 

Where the proceeding began before the child attained the age of twelve years, the father, upon 
conviction, may be required to enter recognizance to pay twenty-five dollars a year, commencing 
from the birth of the child, until that age. State v. Sarratt, 14 Rich. 29. 

The annual installments to be paid do not bear interest in default of payment. lb. 

A prosecution for bastardy is a criminal proceeding: the money to be paid is not a debt, and 
the defendant may be contine'd on execution. State v. Brewer, 38 S. C. 263, 16 S. E. 1001. 

Original jurisdiction is in the General Sessions. Slate v. Glenn, 14 S. C. 118. 

Evidence — 

Attempt to compromise, etc. State v. Rucker, 86 S. C. 66, 68 S. E. 133. 

Indictment — 

The question to be tried is whether defendant is the father of the child, or not. State v. Adams, 
1 Brev. 279. Not necessary to allege child is likely to be a burden on the County. State v. Mc- 
Donald, 2 McC. 299. Insufficient indictment. State v. Caspary, 11 Rich. 356. 

Magistrate may bind over to Circuit Court one shown to be probably guilty, where he denies the 
paternity and refuses to enter into rcognizance. State v. Edens, 88 S. C. 302. 

(708) § 2, Women Refusing to Declare Father of Bastard to Be Com- 
mitted to Jail or Give Security. — When any woman, who is charged with 
having had a bastard child or children, shall be brought before a Magis- 
trate and shall not voluntarily give such information, such Magistrate 
may on information thereof, and that such child is likely to become a bur- 
den to the county, issue his warrant against such mother, requiring her 
to be brought before him, or the next Magistrate, and declare who is the 
father, and, on her refusal so to declare, the Magistrate aforesaid shall com- 
mit her to jail until she shall declare the same, or shall give securit}^ that 
the said bastard child shall not become chargeable to the county wherein 
she resides. 

Crim. Code, '12, § 692; Crim. Code, '02, § 495; G. S. loSO; R. S. 3S0; 1S39, XI, 24. 

It is not necessary to a conviction for bfstardy where the information is given, not by the mother, 
but by a third person, that the child is likely to become a burden to the County. State v. Crawford, 
10 Rich. 361. 

(709) § 3. Resistance of Warrant Ground for Indictment. — Should 
the person accused evade or resist the warrant so issued, it shall be the 
duty of the Constable to return the same to the Clerk of the Court as other 
Sessions papers, with a special note thereof, by way of return, on oath, 
whereupon a bill of indictment may be given out, and, if found, a bench 



OF SOUTH CAROLINA 211 

warrant may issue, and, in case the accused shall be arrested on any war- 
rant issued and shall refuse to enter into such recognizance, he shall be 
committed to prison, there to remain until he shall enter into such recog- 
nizance. 
Crim. Code, '12, § 693 ; Crim. Code, '02, § 496 ; G. S. 1581 ; R. S. 381 ; 1938, XI, 24. 

(710) § 4. Issue for Jury on Denial by Reputed Father— Security 
Etc., on Conviction.— Should such person be unable to comply with the 
requisitions hereinbefore mentioned, or should he deny that he is the father 
of the said child or children, a jury shall be charged, in the Court of Ses- 
sions, to try the question whether the accused is or is not the father of such 
child or children; and on his acquittal he shall' be discharged; or, if con- 
victed, he shall be required to give the security or recognizance hereinbe- 
fore required ; and on default thereof, shall be liable to execution, as are 
defendants convicted of misdemeanors : Provided, That on the annual pay- 
ment of the sum of twenty-five dollars, the execution, except as to costs, 
shall be stayed until another installment falls due. 

Crim. Code" '12, § 694 ; Crim. Code, '02, § 497 ; G. S. 1582 ; R. S. 382 ; 1847, XI, 436. 

Indictment for twin bastards should describe each child by name and complexions, hair and sex, 
or by some means of separate identity. State v. Derrick, 1 McM. 339. j o i /^i 

There is no law authorizing the Court to imprison a person convicted of bastardy, btate v. (jienn, 
14 S. C. 134; State v. Quick, 25 S. C. 110. oa a n orq i« a f 

But defendant may be be confined in jail on execution. State v. Brewer, 38 b. O. Zb6, lo &. £j. 
1001. 

(711) § 5. In Case of Twins, Recognizance to Be for Support of Both, 

Etc.— If the birth be of twins, the recognizance or judgment shall be 
conditioned for the support of both the bastards, and for the payment of 
double the amounts required in the case of a single child. 

Crim." Code, '12, § 695; Crim. Code, '02, § 498; G. S. 1-583; R. S. 383: 1795, V, 270. 

Such recognizance must identify each child separately. State v. Derrick, 1 McM. 339. 



CHAPTER XV. 

Vagrancy. 

(712) § 1. Who to Be Deemed Vagrants— Punishment.— All persons 
wandering from place to place, without any known residence, or 
residing in any city, county or town, who have no visible or known means 
of gaining a fair, honest and reputable livelihood; all suspicious persons 
going about the country, swapping and bartering horses (without produc- 
ing a certificate of his or their good character signed by a Magistrate of 
the county from which said person last came) ; likewise all persons who 
acquire a livelihood by gambling or horse-racing, without any other visible 
means of gaining a livelihood ; all keepers of gaming tables, faro banks, or 
other banks whatsoever used for gaming known under any other denomina- 
tion; also, all persons who lead idle and disorderly lives; all who know- 
ingly harbor horse thieves and felons, and those who are known to be of 
that character and description; likewise all persons not following some 
handicraft, trade or profession, or not having some known or visible means 
of livelihood, who shall be able to work, and occupying or being in possession 
of some piece of land, shall not cultivate such a quantity thereof as shall 
be deemed by the Magistrate to be necessary for the maintenance of him- 



212 CRIMINAL CODE 

self and his family; also, all persons representing publicly for gain or re- 
ward, without being fully licensed, any play, comedy, tragedy, interlude or 
farce, or other entertainment of the stage, or any part thereof ; all fortune 
tellers for fee or reward, and all sturdy beggars, are, and shall be, deemed 
vagrants, and, upon conviction thereof before a Court of Magistrate, shall 
be fined in a sum not exceeding one hundred dollars or thirty days im- 
prisonment. 

Crim. Code, '12, § 696 ; Crim. Code, '02, § 499 ; G. S. 1604 ; R. S. 384 ; 1787, V, 41 ; 
1839, XI, 24; 1893, XXI, 521. 

State V. Maxey, 1 McM. 501. 2 S C C — 26 



CHAPTER XVI. 

Non-Observance of the Lord's Day, and Disturbing Religious Worship. 

(713) § 1. Penalty for Working on Sunday. — No tradesman, 
artificer, workman, laborer, or other person whatsoever, shall do or exer- 
cise any worldly labor, business, or wo^rk of their ordinary callings 
upon the Lord's Day (commonly called the Sabbath), or any part thereof 
(work of necessity or charity only excepted) ; and every person being of 
the age of fifteen years or upwards, offending in the premises, shall, for 
every such offense, forfeit the sum of one dollar. 

Crim. Code, '12, § 698; Crim. Code, '02, § 500; G. S. 1631; R. S. 385; 1691, II, 69; 
1712, II, 396. 

The violation of this Section does not render the required publication of a legal notice made in a 
newspaper issued on the Sabbath illegal and invalid. Eason v. Witcofskey, 29 S. C. 239, 7 S. E. 291. 
Telegraph office open, work of necessity. Smith v. W. U. Tel. Co., 72 S. C. 116, 51 S. E. 537. 

(714) § 2. Penalty for Selling Goods on Sunday. — No person or per- 
sons whatsoever shall publicly cry, show forth, or expose to sale, any wares, 
merchandise, fruit, herbs, goods, or chattels whatsoever, upon the Lord's 
Day, or any part thereof, upon pain that every person so offending shall 
forfeit the same goods so cried, or showed forth, or exposed to sale. 

Crim. Code, '12, § 699 ; Crim. Code, '02, § 501 ; G. S. 1632 ; R. S. 386 ; 1712, II, 896. 

Doing several different acts in pursuance of an ordinarv business calling on one day is but one 
offense. State v. James, 81 S. C. 197, 62 S. E. 214, 128 Am. St. Rep. 902, 16 Am. & Eng. Ann. 
Cas. 277, 18 L. R. A., N. S., 617n. 

Sale of ice and meats not a work of necessity. lb. 

City cannot license sales in violation of law. Cain v. Daly, 74 S. 0. 485, 55 _S. E. 110. 

Embraces machines automatically vending mercantile wares on Sunday. Cain v. Daly, 74 S. C. 
480, 55 S. E. 110. 

State V. Hondros, ]00 S. C. 242, 8i S. E. 781. 

(715) § 3. Public Sports Prohibited on the Lord's Day. — No public 
sports or pastimes, as bear-baiting, bull-baiting, football placing, horse- 
racing, interludes or common plays, or other games, exercises, sports or 
pastimes, such as hunting, shooting, chasing game, or fishing, shall be used 
on the Lord's Day by any person or persons whatsoever; and eYery person 
or persons offending in any of the premises shall, upon conviction, be 
deemed guilty of a misdemeanor, and be subject to a fine not to exceed 
fifty dollars, or imprisonment not to exceed thirty days. 

Crim. Code, '12, § 700 ; Crim. Code, '02, § 502 ; G. S. 1633 : R. S. 387 ; 1896, XXII, 
221. 



OF SOUTH CAKOLINA 213 

(716) § 4. Certain Labor on Sunday Prohibited. — In addition to the 
penalties prescribed against tradesmen, artificers, workmen and laborers 
who shall do or exercise any worldly labor, business or work of their ordi- 
nary calling upon the Lord's Day (commonly called the Sabbath) or 
Sunday, or any part thereof, any corporation, company, firm or person who 
shall order, require or direct any work to be done in any machine shop or 
shops on Sunday, except in cases of emergency, shall, upon conviction, be 
deemed guilty of a misdemeanor, nd shall be fined in a sum not less 
than one hundred dollars and not more than five hundred dollars for 
each offense. 

Crim. Code, '12, § 701; Crim. Code, '02, § 503; 1S99, XXIII, 100. 

(717) § 5. Penalty for Offenses Against This Chapter.— For the 
better execution of all and every the foregoing provisions, every Magis- 
trate within his county shall have power and authority to summon before 
him any person or persons whatsoever who shall offend in any of the par- 
ticulars before mentioned, and upon his own view, or confession of the 
party, or proof of any one or more witnesses, upon oath, the said Magis- 
trate shall give a warrant, under his seal, to seize the said goods cried, 
showed forth, or put on sale as aforesaid, and to sell same ; and as to the 
other penalties and forfeitures, to impose the fine and penalty for the same, 
and to levy the said forfeitures and penalties by way of distress and sale of 
the goods of every such offender, returning the overplus, if any be, after 
charges, ' allowed, for the distress and sale. All forfeitures and penalties 
recovered under this Chapter to be paid over to County Treasurer for the 
use of the county. 

Crim. Code, '12. § 702 ; Crim. Cede, '02, § 504 ; G. S. 1634 ; R. S. 388 ; 1712, II, 396. 

(718) § 6. Disturbance of Religious Worship — Sale of Liquors — Pro- 
fane Language. — Any person w4io shall wilfully and maliciously disturb 
or interrupt any meeting, society, assembly or congregation convened for 
the purpose of religious worship, or shall enter such meeting while in a 
state of intoxication, or shall use or sell spirituous liquors, or use blas- 
phemous, profane or obscene language at or near the place of meeting, 
shall be deemed guilty of a misdemeanor, and shall, on conviction, be sen- 
tenced to pay a fine of not less than twenty or more than one hundred 
dollars, or be imprisoned for a term not exceeding one year or less than 
thirty days, or both or either, at the discretion of the Court. 

Crim. Code, '12, § 703 ; Crim. Code, '02, § 505 ; G. S. 1635 ; R. S. 390 ; 1873, XV, 352 ; 
1894, XXI, 824 ; 1897, XXII, 409 

Graham v. Bell, 1 N. & McC. 278. Embraces disturbing religious assemblage of Jews, even by 
one of the members of their Church. State v. Carvallo, MS. Dec. 1819. 

A camp meeting of a denomination of Christians is such religious meeting; and one _ who sells 
liquor at or near them is subject to the punishment prescribed herein. State v. Hall, 2 Bail. 151. 

A riot forty feet from Church. State v. Jones, 77 S. C. 385, 53 S. E. 8. _ 

Disturbance need not occur while con2;regation is actually engaged in worship. State v. Matheny, 
S. C , 101 S. E. 661. 

(719) § 7. Penalty for Certain Misdemeanors. — Any person, upon 
conviction of any one of the following named misdemeanors, shall be sub- 
ject and liable for each offense to a fine not to exceed one hundred dollars 
or to imprisonment for a term not exceeding thirty days, to wit : Carry- 
ing concealed about the person any deadly weapon, such as are enumerated 



214 CRIMINAL CODE 

in Section (151) ; disturbing a religions meeting in any way, or otherwise 
violating the provision of Section (718), when no weapons were actually 
used and no wounds inflicted; all riots, routs or affrays where no weapons 
were actually used and no wounds inflicted; malicious mischief and mali- 
cious trespass as contemplated in Sectons (73) and (74). when the dam- 
age to such property does not exceed twenty dollars ; disposing of property 
under lien, or obtaining property under false pretense, when the value 
of such property so disposed of, stolen or obtained, respectively, does not 
exceed twenty dollars. 

Grim. Code, '12, § 23 ; Crim. Code, '02, § 15 ; R. S. 14 ; 1S92, XXI, 93 ; 1S93, XXt, 
411 ; 1894, XXI, 824. 



CHAPTER XVn. 

Gambling. 

(720) § 1. Penalty for Playing at Certain Games and Betting. 

— If any person or persons shall play, at any tavern, inn, store for the re- 
tailing of spirituous liquors, or in any house used as a place of gaming, 
or in any barn, kitchen, stable or other outhouse, or in any street, high- 
way, open wood, race field or open place, at any game or games, with cards 
or dice, or at any gaming table, commonly called A, B, C, or E, 0, or any 
gaming table known or distinguished by any other letters, or by any fig- 
ures or roley-poley table, or at rouge et noir, or at any faro bank, or at 
any other table or bank of the same, or the like kind, under any denom- 
ination whatsoever (except the game of billiards, bowls, backgammon, 
chess, draughts, or whist, when there is no betting on the said game of 
billiards, bowls, backgammon, chess, draughts or whist), or shall bet on 
the sides of hands of such as do game, upon being convicted thereof, before 
any Magistrate, shall be imprisoned for a period of not over thirty days, 
or shall suffer a fine of not over one hundred dollars ; and every person 
so keeping such tavern, inn, retail store, public place or house used as 
a place for gaming, or such other house, shall, upon being convicted thereof, 
upon indictment, be imprisoned for a period not exceeding twelve months, 
and forfeit a sum not exceeding two thousand dollars, for each and every 
ofi:ense. 

Crim. Code, '12, § T04 ; Crim. Code, '02, § oOG ; G. S. 1715 ; R. S. 391 ; 1802, V, 432 ; 
1816, VI. 27 ; 1909, XXVI, G6. 

Game called "Thimble" or 'Thimble and Balls" within Statute, 1816. State v. Red, 7 Rich. 8. 

A distillery is such an outhouse. State v. Faulkner, 2 McC. 438. 

Gambling in dwelling. State v. Brice, 2 Brev. 66. Betting on dice. State v. Robinson, 40 S. C. 
553, 18 S. E. 891. 

Betting on horse-racing is embraced in such games. Atcheson v. Gee, 4 McC. 211. 

Doubtful whether this in confined to gambling in a public place. Greenville v. Kemmis, 58 S. C. 
431, 36 S. E. 727. This Statute making gambling an oifense against the State does not prevent 
a municipality from making further regulations against it. Ih. 

IXDICTMEXT — 

Bad, which charges gaming and keeping public place and house used as a place for gaming, 
state V. Howe, 1 Rich. 260. 

Erasure in. State v. Yoe, 80 S. C. 382 61 S. E. 880. 

Evidence — 

What should at that time be proved to subject partv to pecuniary penalty under Statute. State v. 
Dent, 1 Rich. 469; State v. Waters, 1 Strob. 59. 

Witness unable to testify otherwise to the facts may testify to them as he sees them made in an 
affidavit by him at the time of the gaming. State v. Rawls, 2 N. & McC. 331. 

Must conform to the allegation. State v. Rushing, 2 N. & McC. 560. 

Not necessarv to negative games allowed. State v. Yoe, 76 S. C. 46, 56 S. E. 542. 

Keeping a gaming house. State v. Lane, 82 S. C. 144, 63 S. E. 613. 



OF SOUTH CAROLINA 215 

(721) § 2. Penalty for Keeping, Etc., Gaming Tables, Etc. — Any 

person or persons who shall set up, keep, or use any gaming table, com- 
monly called A, B, or C, E, 0, or any gaming table known or distinguished 
by any other letters, or by 'any figures, or roley-poley table, or table to 
play at rouge and noir, or any faro bank, or any other gaming table or 
bank of the like kind, or of any other kind, for the purpose of gaming 
(except the games of billiards, bowls, chess, draughts, and backgammon), 
upon being convicted thereof, upon indictment, shall forfeit a sum exceed- 
ing five hundred dollars, and not less than two hundred dollars. 

Grim. Code, '12, § 705 ; Crim. Code, '02, § 507 ; G. S. 1716 ; R. S. 392 ; 1816, VI, 27. 

This is not confined to acts done in a public place. Greenville v, Kemmis, 58 S. 0. 431, 36 S. 
E. 727. 

An indictment which in one count charges the offense of gaming under the preceding Section 
and for the offense stated in this Section, is bad ; they are two separate and distinct offenses. State 
V. Howe, 1 Rich. 260. 

(722) § 3. Penalty for Betting on Elections. — Any person who shall 
make any bet or wager of money, or wager of any other thing of value, 
or shall have any share or part in any bet or wager of money, or wager 
of any other thing of value, upon any election in this State, shall be deemed 
guilty of a misdemeanor, and, upon conviction, shall be fined in a sum not 
exceeding five hundred dollars and be imprisoned not exceeding one month. 

Crim. Code, '12, § 706 ; Crim. Code, '02, § 508 ; G. S. 1717 ; R. S. 393 ; 1850, XII, 
72; 1909, XXVI, 67. 

(723) § 4. Wagers to Be Forfeited. — All and every sum or sums. of 
money staked, betted, or pending on the event of any such game or games, 
as aforesaid, are hereby declared to be forfeited. 

Crim. Code, '12, § 707 ; Crim. Code, '02, § 509 ; G. S. 1718 ; R. S. 394 ; 1816, VI, 28 ; 
1909, XXVI, 67. 

(724) § 5. Gamblers to Give Security for Good Behavior, or Be 

Committed.— It shall and may be lawful for any two or more Magistrates 
m any county or city whatsoever, to cause to come or to be brought before 
them every person within their respective limits, whom they shall have 
just cause to suspect to have no visible estate, profession, or calling to main- 
tain themselves by, but do, for the most part, support themselves by gam- 
ing; and if such person or persons shall not make it appear to such Mag- 
istrate that the principal part of his or their expenses is not maintained by 
gaming, then such Magistrates shall require of him or them sufficient 
securities for his or their good behavior for the space of twelve months, 
and, in default of his or their finding such securities, shall commit him 
or them to the common jail, there to remain until he or they shall find 
such securities, as aforesaid. 

Crim. Code, '12, § 709 ; Crim. Code, '02, § 511 ; G. S. 1720 ; R. S. 396 ; 9 Ann., c. 
14; 1712, II, 567. 

(725) § 6. A Wager of Five Dollars to Forfeit Recognizance. — If 

such person or persons so finding securities as aforesaid, shall, during the 
time for which he or they shall be so bound to good behavior, at any one 
time or sitting, play or bet for any sum or sums of money, or other thing, 
exceeding in the whole the sum or value of five dollars, such playing shall 



216 CRIMINAL CODE 

be deemed and taken to be a breach of his or their behavior, and a for- 
feiture of the recognizance given for the same. 

Crim. Code, '12, § 710; Crim. Code, '02, §512; G. S. 1726; R. S. 397: 1712, II, 567. 

(726) § 7. Imprisonment — ^Proviso. — Upon conviction of every per- 
son nnder the provisions of any of the foregoing Sections of this Chapter, 
the Court before whom such conviction shall take place is hereby required 
to commit such offender to the common jail of the county where such 
con\dction shall happen, for a period not exceeding the time for which said 
offender has been sentenced, unless such offender shall sooner pay the fine 
or fines herein imposed, together with the cost of prosecution: Provided, 
however, That all persons who might be subject or liable to the fines and 
penalties imposed herein, either for gaming at or keeping a gaming table 
or tables, shall, upon being permitted by the Circuit Solicitor to become 
evidence in behalf of the State, be freed and exonerated from the same. 

Crim. Code, '12, § 711 ; 1909, XXVI, 67. 

(727) § 8. Criminal to Challenge or Fight on Account of Wagers. — 

In case any person or persons whatsoever shall assault and beat, or shall 
challenge or provoke to fight, any other person or persons whatsoever upon 
account of any money won by gaming, playing or betting at any of the, 
games aforesaid, such person or persons assaulting and beating, or chal- 
lenging or provoking to fight, such other person or persons upon the 
account aforesaid shall, being thereof convicted, upon an indictment or 
information, to be exhibited against him or them for that purpose, suffer 
imprisonment in the common jail of the county where such conviction 
shall be had, for the term of two years. 

Crim. Code, '12, § 712 ; Crim. Code, '02, § 514 ; G. S. 1729 ; R. S. 390 ; 9 Ann., c. 14 ; 
II, 567, § S. 

(728) § 9. Swindling. — AYhoever shall inveigle or entice, by any arts 
or devices, any person to play at cards, dice, or any other game, or bear 
a share or part in the stakes, wagers, or adventures, or bet on the sides 
or hands of such as do or shall play as aforesaid, or shall sell, barter, or 
expose to sale any kind of property which has been before sold, bartered, 
or exchanged by the person so selling, bartering, or exchanging, or by any 
one for the benefit or advantage of the person so selling, bartering, or 
exchanging, in any house or other place within this State, or shall be a 
Ijarty thereto, or shall overreach, cheat, or defraud by any other cun- 
ning, swindling arts and devices, so that the ignorant and unwary, who 
are deluded thereby, lose their money or other property, every such person 
exercising such infamous practices shall, on conviction thereof in any 
Court of competent jurisdiction, be deemed guilty of a misdemeanor, and 
shall be fined at the discretion of the Court, and, besides, shall refund 
to the party aggrieved double the sum he was so defrauded of ; and if the 
same be not immediately paid, with costs, every such person shall be com- 
mitted to the common jail or house of correction, if there be any, of the 
county where such person shall be convicted, there to continue for any 
time not exceeding six months, unless such fine, with costs, be sooner 
paid and discharged. 

Crim. Code, '12, § 713; Crim. Code, '02, § 515; G. S. 2508; R. S. 400; 1791, Y, 177. 



OF SOUTH CAROLINA 217 

State V. Wilson, 2 M. Con. Rep. 135. 

Selling a blind horse as a sound horse is not indictable under this Section. State v. DeLvon, 1 
Bay 353. 

Nor is selling a promissory note, knowing it to have been paid, but representing it was still due. 
State V. Middleton, Dud. 283. 

Obtaining property from ignorant person under threat of prosecution. State v. Vaughan, 1 Bay 
283. By using paper as bank bill. State v. Grooms, 5 Strob. 158. 

(729) § 10. Fine for Keeping Gaming Tables Open on the Sabbath. — 

Whoever shall keep, or suffer to be kept any gaming table, or permit any 
game or games to be played in his, her, or their house, on the Sabbath day, 
such person or persons, on conviction thereof before any Court having 
jurisdiction, shall be fined in the sum of fifty dollars, to be sued for on 
behalf of, and to be recovered for, the use of the State. 

Crim. Code, '12, § 714 ; Crim. Code, '02, § 516 ; G. S. 2592 ; R. S. 402 ; 1790, V, 350. 

(730) § 11, Betting, Pool-selling, Book-making, Etc., Prohibited— 
Penalty — Nuisance. — Any person within this State, who engages in 
betting at any race track, pool-selling, or book-making, with or without 
writing, at any time or place; or any person who keeps or occupies any 
room, shed, tenement, booth, or building, float or vessel, or any part thereof, 
or who occupies any place or stand of any kind, upon any public or private 
grounds, within this State, with books, papers, apparatus, or parapher- 
nalia, for the purpose of recording or registering bets or wagers, or of 
selling pools, and any person who records or registers bets or wagers, 
or sells pools or makes books, with or without writing upon the result of 
any trial or contest of skill, speed or power of endurance, of man or beast ; 
or upon the result of any political nomination, appointment of election ; or 
upon the result of any lot, chance, casualty, unknown or contingent event 
whatsoever; or any person who receives, registers, records or forwards, or 
purjDorts or pretends to receive, register, record or forward, in any 
manner whatsoever, any money, thing or consideration of value, bet or 
wagered, or offered for the purpose of being bet or wagered, by or for any 
other person, or sells pools, upon any such result; or any person who, 
being the owner, lessee or occupant of any room, shed, tenement, tent, 
booth, or building, float or vessel, or part thereof, or of am^ grounds 
v\'ithin this State, knowingly permits same to be used or occupied for any 
of these purposes, or therein keeps, exhibits or employs any device or 
apparatus for the purpose of recording or registering such bets or wagers, 
or the selling of such pools, or becomes the custodian or depository for 
gain, hire or reward, of any money, property or thing of value, staked, 
T^agered or pledged, or to be wagered or pledged upon any such result; 
or any person who aids, assists or abets in any manner in any of the said 
acts, which are hereby forbidden, shall be deemed guilty of a misdemeanor, 
and, upon conviction, shall be punished by a fine not exceeding one thou- 
sand ($1,000) dollars, or imprisonment not exceeding six (6) months, or 
both fine and imprisonment, in the discretion of the Court. 

2. The violation of any of the provisions of the foregoing subsection shall 
be deemed a common nuisance : Provided, That wherever the offense is 
specified in Section (720). the punishment there provided shall be im- 
posed, it being the intention to leave the jurisdiction of such gambling 



218 CRIMINAL CODE 

as is there specifically prohibited, in the Courts now having jurisdiction 
of the same. 

1912, XXVII, 713. 

(731) § 12. Punch Boards for Gaming, Unlawful. — It shall be un- 
lawful for any person, firm or corporation to use or offer for use any 
punch boards or other kinds of boards with numbers concealed thereon for 
the purpose of gaming or chance in this State. 

2. Penalty. — Any person, firm or corporation violating this Section 
shall be deemed guilty of a misdemeanor, and, upon conviction thereof, 
shall be fined not less than $10.00 nor more than $25.00, or imprisoned not 
less than five days nor more than thirty days, or both, at the discretion 
of the Court : Provided, That for the second or third offense hereunder, 
the fine shall be not less than $25.00 nor more than $100.00, or imprison- 
ment on the public works of the county for a period not exceeding three 
months. 

1918, XXX, 728. 



CHAPTER XVIII. 

Protection of Game Birds, Animals and Fish, and Regulation of Hunting. 

(732) § 1. Wild Birds, Game and Fish the Property of the 

State. — All wild birds, wild game and fish (except fish in strictly ponds 
and lakes entirely segregated from other waters) shall be, and are here 
declared to be the property of the State. 
1919, XXXI, 269. 

(733) § 2. Classification of Birds, Animals and Fish — Open and 
Closed Seasons — Fishing Regulations. — For the purpose of this Act the 
following classifications shall be recognized : 

(a) Domestic Game Birds. — Blackbirds, pheasants, doves, partridge 
(quail), and wild turkeys. (b) Destructive Birds. — Eagles, buzzards, 
crows, Cooper's hawk, duck hawk, English sparrows, great horned owl, 
jaybirds, loggerheads, and sharp-skinned hawk, (c) Game Animals. — Bear, 
deer, fox, m,ink, muskrats, opossums, otter, rabbits, raccoons, skunk and 
squirrels, (d) Game Fish. — Jackfish or pickerel, pike, black bass or pond 
trout, striped bass or rockfish, warmouth, red-belly bream, copperface or 
ball-faced bream, yellow-belly perch, sun perch, redfin trout, flyer, crappie, 
rock bass, goggle eye, and white perch, (e) The open season for quail 
or partridges shall be from Thanksgiving Day to March 1st, inclusive, of 
each hunting season, and the bag limit shall be fifteen per day to the hunter, 
and trapping or snaring of quail is absolutely prohibited, except as pro- 
vided for scientific or propagating purposes. The open season for wild 
turkeys shall be from Thanksgiving Day to March 1st, inclusive, of each 
hunting season, with a bag limit of two per day and a total of twenty 
per season, but no wild turkey must at any time be shot from any natural 
or artificial blind or hiding place when lured by bait. The provision 
against snaring quail or partridges shall apply to wild turkeys. The open 



OF SOUTH CAROLINA 219 

season for domestic doves and marsh hens shall be from August 15th to 
March 1st of each year. The open season for blackbirds shall be from 
October 1st to March 31st, inclusive, of each season. There shall be a 
closed season for pheasants for five years after the passage of this Act. 
(f) Destructive Animals. — Foxes and wild cats may be killed by owners 
and officers of the law upon their holdings and without license at any 
time. (g). All domestic birds not named above are nongame birds, and 
shall not be destroyed in any way at any time, (h) The closed season for 
hunting squirrels, raccoons, rabbits and opossum in this State shall be 
from March 1 to September 1 of each year : Provided, Raccoons and squir- 
rels may be killed by owners of crops from July 15th, if such animals are 
destroying said crops. The open season for hunting other game animals 
shall be from October 1st to March 15th of each year, except that deer 
may be hunted from September 1st to January 1st only. The bag limit 
for squirrels shall be fifteen ( 15 ) per da}^ : Provided, That the open season 
for hunting foxes shall be from September 1st to February 15th of each 
5'ear. (i) The catching of game fish shall be with hook and line only in 
all clear water streams and waters of the State, (j) Gill nets (not to 
extend more than half way across a stream, lake or pond) traps, seines, 
trotlines or other device which does not block the passage of fish in 
streams may be used in the muddy streams of the State : Provided, They 
be not used within one hundred (100) yeards of the mouth of clear water 
streams emptying into same : Provided, further. That a seine or net may 
be used in fishing between the first day of September, and the first day 
of May. No traps, nets or other devices shall be used at the mouths or 
inside of any rice field ditches, (k) The tickling, pegging or catching of 
game fish by any means, except rod and line, or hand line, or single set 
line, outside of beds, is strictly forbidden. 
" 1919, XXXI, 269 ; 1920, XXXI, 732 ; 1921, XXXII, 224, 233. 

(734) I 3. Violation of Provisions a Misdemeanor — Penalty. — Any 

violation of the provisions of Section (733) shall be a misdemeanor, and, 
upon conviction thereof, the offender shall suffer penalty of fine of not 
less than ten ($10.00) dollars nor more than one hundred ($100) dollars, 
or imprisonment of not less than ten nor more than thirty days. 
1019, XXXI, 2G9; 1020, XXXI, 732. 

(735) § 4. Poisoning, Polluting", Ete., Streams Unlawful — Penalty. — 

— It is unlawful to poison the streams or waters of the State in any man- 
ner whatsoever for the purpose of taking fish. The muddying of streams 
or ponds or the introduction of any substance which results in making the 
fish sick, so that they may be caught, is hereby declared to be poisoning in 
the sense of this Section. No sawdust or acid or other injurious substance 
shall be discharged into any of the streams of the State where fish breed 
or abound. It shall be unlawful to throw, place or put any dynamite or 
any other explosive in any lake, stream or water in the State for the pur- 
pose of taking fish. For the violation of this Section the person or persons 
so violating shall be fined five hundred ($500.00) dollars or imprison- 
ment not exceeding one year. 
1019, XXXI, 269. 



220 CRIMINAL CODE 

(736) § 5. Shipment of Game. — It shall be unlawful for any trans- 
portation company to receive for shipment any of the game birds or ani- 
mals of the State, except in season, and unless the package containing 
them shall be so labeled as to show the consignor or consignee, and the 
number and kind of birds and animals. 

1919, XXXI, 269. 

(737) § 6. Night Hunting Regulated— Penalty for Deer Hunting With 
Lights. — There shall be no night hunting in this State except for raccoons 
and opossums and foxes, and the penalty for hunting deer with torches or 
artificial lights of any kind shall be not more than thirty days or a fine 
of not less than fifty and not more than one hundred dollars. 

1919, XXXI, 269; 1920, XXXI, 732. 

(738) § 7. Penalty for Violation of G-ame or Fish Laws, When Not 
Otherwise Specified. — When not otherwise specified, the penalty for viola- 
tion of any part of the game, bird or fish laws of this State shall be a 
misdemeanor, and, upon conviction thereof, the offender shall suffer pen- 
alty of fine of not less than ten dollars or more than twenty-five dollars, 
or imprisonment of not less than ten or more than thirty days. 

1919, XXXI, 269. 

(739) § 8. Peace Officers to Assist in Enforcement. — It shall be the 
positive duty of all Sheriffs, Deputy Sheriffs, Constables, Rural Policemen 
and special officers to actively cooperate with the Game Department and 
Game Wardens in the enforcement of the game and fish laws of the State. 

1919, XXXI, 269. 

(740) § 9. Destruction of Birds' Nests Punishable. — The destruc- 
tion of birds' nests shall be punishable in the same way as the destruction 
of the birds. 

1919, XXXI, 269. . 

(741) § 10. Hunter's License Required. It shall be unlawful for 
anyone to hunt within this State without first procuring a license to do so 
from the Deputy Game Warden in the county in which he may propose 
to hunt or an adjoining county of this State. A resident of any county 
shall pay for a county license a license fee of one and 10/100 ($1.10) dollars. 
A nonresident shall pay a license fee to hunt in any county of three and 
10/100 ($3.10) dollars, except landowners and members of their families 
hunting or fishing on their own lands, or in waters on their lands leased 
by him. Every nonresident of the State shall pay a hunter's license fee 
of fifteen and 25/100 ($15.25) dollars during any one season: Provided, 
Any employee residing in this State may fish or hunt on the lands of his 
employer, owning or leasing the land, by the written permission of the 
person so owning or leasing, or his superintendent, with the same priv- 
ilege as said owner or person leasing may enjoy : Provided, That all sums 
of money collected from the sale of said licenses shall be transmitted to 
the State Treasurer and placed to the credit of the Game Protection Fund, 
and the Chief Game Warden, at the end of each year, shall return to each 
respective county for school purposes nine-twentieths of such licenses as 



OF SOUTH CAROLINA 221 

were collected therein : Provided, further, That the provisions of this 
Section shall not prevent residents of the State from hunting without 
license on their own lands in any county of the State. 
1919, XXXI, 269 ; 1920, XXXI, 1117. 

(742) § 11. Nonresident Fishing License. — All nonresidents of this 
State, before fishing for game or other fish in any manner in the inland 
streams or waters of this State, shall first procure a nonresident fishing 
license, the fee for which shall be three and 25-100 ($3.25) dollars. 

1919, XXXI, 209. 

(743) § 12. Residents May Hunt on Their Own Lands Without 
License. — Provided, That the provisions of this Chapter shall not prevent 
residents of the State from hunting without license on their own lands 
in any county of the State. 

1919, XXXI, 269. 

(744) § 13. Violation of Federal Bird Regxdations Unlawful — Pen- 
alty. — The Federal Migratory Bird Treaty Regulations, being the supreme 
law of the land under Article VI of the Constitution of the United States, 
are hereby declared to be the law of this State, and the penalty for their 
violation shall be punishment of not less than $10.00 nor more than 
$25.00 fine, or thirty days imprisonment. 

1919, XXXI, 269. 

(745) § 14. Killing of Foxes Unlawful, Except as Herein Provided 
— Open Season for Hunting With Dogs — Killing of Fox Doing Damage 
Lawful. — It shall be unlawful to hunt, shoot, trap or kill any fox in this 
State, or to dig out of the ground or to push or drag out of a tree or log 
any fox or foxes in said State, except as hereinafter provided : Provided, 
That fox or foxes may be hunted or run with dogs in this State from Sep- 
tember 1st until the 15th day of February of each year: And provided, 
further. That any. person may shoot or Mil any fox or foxes while in an 
act of doing any damages upon his property. Any person or persons vio- 
lating the provisions of this Section shall be punished by a fine of not more 
than twenty-five dollars or by imprisonment for not more than thirty days. 

1920, XXXI, 1049. 

(746) § 15. Game to Be Confiscated. — Any bird or animal caught 
or killed in violation of this Chapter shall be confiscated and sold to the 
highest bidder, and the proceeds of such sale shall be transmitted to the 
State Treasurer to the credit of the Game Protection Fund. 

Crim. Code, '12, § 718; 1910, XXVI, 572. 

(747) § 16. Unlawful to Sell Certain Birds. — It shall be unlawful to 
buy or sell, expose for sale, or to have in possession for sale or barter, 
any willet or dove. 

Crim. Code, '12, § 719 ; 1910, XXVI, 572. 

(748) § 17. Unlawful to Keep Game in Cold Storage.— It shall be 
unlawful to keep any of the birds or animals forbidden to be sold by the 



222 CRIMINAL CODE 

terms of this Chapter, in cold storage or refrigerating plants, except in a 
private dwelling. Any person violating this Section shall be fined not less 
than fifty dollars nor more than one hundred dollars, or imprisoned one 
day for each dollar fined or unpaid, either or both, at the discretion of the 
Court trjdng the case, except wild duck, rail and rice birds, or other birds 
that it is lawful to sell. 

Crim. Code, -12, § 720 ; 1910, XXVI, .572. 

(749) § 18. Penalty. — Any person or persons violating Section (747) 
shall be fined, upon conviction, ten dollars for each bird or animal sold 
or offered for sale, or be imprisoned one day for each dollar fined and 
unpaid, not to exceed a fine of one hundred dollars or thirty days imprison- 
ment. 

Crim. Code, '12, § 722 ; 1910, XXVI, 572 ; 1919, XXXI, 269. 

(750) § 19. Unla'-Arfiil to Buy or Sell Deer.— It shall be unlawful to 
buy or sell, offer for sale or barter, or to have in possession for sale, any deer 
or part thereof; and for violation of this Section, upon conviction of the 
party or parties, shall be fined not less than twenty-five dollars for any 
deer or part thereof. 

Crim. Code, '12, § 723 ; 1910, XXVI, 572. 

(751) § 20. Unlawful to Keep in Cold Storage Partridge, Wild Tur- 
key or Woodcock. — It shall be unlawful to keep in cold storage or a re- 
frigerating plant any partridge or wild turkey or woodcock; and any 
person violating this Section shall be fined twenty-five dollars for each 
day said birds remain in cold storage, or imprisoned one day for each 
dollar fined and unpaid except in private residences. 

Crim. Code, '12, § 725 ; 1910, XXVI, 572. 

(752) § 21. Unlawful to Buy or Sell Certain Game.— It shall be un- 
lawful for any person to buy or barter for sale any partridge, wild turkey 
or woodcock within this State; and any person or persons violating this 
Section shall be fined ten dollars for each partridge, wild turkey or wood- 
cock so bought, or imprisoned one day for each dollar fined and unpaid. 

Crim. Code, '12, § 726 ; 1910, XXVI, 572. 

(753) § 22. Disposition of Fines and Forfeitures. — It is hereby pro- 
vided that all fines or forfeitures obtained for violation of this Chapter, 
except as otherwise provided herein, shall be paid to the State Treasurer, 
to the credit of the Game Protection Fund, and that same shall be dis- 
bursed by the State Treasurer on the order of the Chief Game AYarden 
of South Carolina. 

Crim. Code, '12, § 727 ; 1910, XXVI, 572. 

(754) § 23. Persons Having in Their Possession Venison or Fresh 
Deer Skins Liable. — Any person in whose possession recently killed veni- 
son, or fresh deer skins, shall be found between the dates above mentioned, 
shall be liable to the same penalty as those violating Section (745). 

Crim. Code, '12, § 729 ; Crim. Code. '02. § ."41 ; G. S. 16SS ; R. S. 421. 



OF SOUTH CAROLINA 223 

(755) § 24, Shipment of Game Within the State.— 1. It shall be lawful 
for a person to ship during smy one week not over the bag limit for two 
days as now provided by law of any domestic game, birds or animals to 
any private address in this State when he shall have conformed to the 
rules and regulations prescribed by the Chief Game Warden under Sub- 
section 2 hereof. 

2. Regulations — Label. — Any person so desiring to ship game, birds or 
animals as above described during the open season for such game, birds or 
animals or within five days after the closing of the same, shall make appli- 
cation to the Chief Game Warden or his deputy; and upon such applica- 
tion the Chief Game Warden or his deputy, if it shall appear to him that 
such shipment is for private and personal use and not for the sale of said 
game, birds or animals, shall issue to the applicant a tag or label for use 
in shipping such game, birds or animals ; said label to be of such design 
and in such form as the Chief Game Warden shall prescribe. 

1920, XXXI, 757. 

(756) § 25. Persons Not Allowed to Hunt, Etc., on Lands of Others. 

— If any person, at any time whatsoever, shall hunt or range on any lands, 
or shall enter thereon for the purpose of hunting, fishing or trapping, with- 
out the consent of the owner or manager thereof, every such person so 
offending shall forfeit and pay a fine of not more than twenty dollars, or be 
imprisoned at hard labor not more than thirty days for each and every such 
offense. 

Crim. Code, '12, § 730; Crim. Code, '02, § 542; G. S. 16S9 ; R. S. 422; 1769, IV, 310; 
1905, XXIV, 906. 

(757) § 26. Nongame Birds Not to Be Caught or Killed. — No person 
within the State shall kill, catch or have in his or their possession, living 
or dead, any resident or migratory wild bird other than a game bird or 
buzzard, or purchase, offer or expose for sale, any such wild nongame bird, 
after it has been killed or caught, except as permitted by Sections (758), 
(759), (760). 

Plumage, Skin or Body of Birds Not to Be Sold. — No part of the plum- 
age, skin or body of any bird protected by this Section shall be sold or 
had in possession for sale, and this irrespective of whether said bird was 
captured or killed within or without the State. 

No Eggs or Nests to Be Destroyed. — No person within the State shall 
take or destroy, or attempt to take or destroy, the nest or the eggs of any 
wild bird, or have such nest or eggs in his or their possession, except as 
permitted in this Section. 

Wild Game Not to Be Transported. — It shall be unlawful for any per- 
son or persons, or any corporation acting as a common carrier, its officers, 
agents or servants, to ship, carry, take or transport, either within or beyond 
the confines of the State, any resident or migratory wild nongame bird, 
except as permitted by Section (759). 

Crim. Code, '12, § 734 ; 1905, XXIV, 950 ; 1918, XXX, 794. 



224 CRIMINAL CODE 

(758) § 27. Certificate to Take Birds.— Section (757) shall not apply 
to any person holding a certificate giving the right to take birds, their nest 
or eggs, for strictly scientific purposes, as provided for in Section (759), 
nor shall anything contained in Section (757) prevent any honseholder 
from keeping any resident or migratory birds, whether game or nongame, 
in aviaries or cages as pets or for experimental and breeding purposes, and 
from trapping or catching them for such purposes : Provided, That no one 
shall trap or catch the same save on his own lands : And provided, further, 
That the same are not kept for barter, sale or exchange, and shall not be 
shipped or transported beyond the confines of this State. 

Crim. Code, '12, § 735; 1905, XXIY, 950. 

(759) § 28. Issue of Certificates. — Certificates may be granted by the 
Chief Game Warden to any properly accredited person of the age of fifteen 
years or upwards, permitting the holder thereof to collect birds, their nests 
or eggs, for strictly scientific purposes only. In order to obtain such 
certificate the applicant for the same must present to the Chief Game 
Warden written testimonials from two well known ornithologists, certify- 
ing to the good character and fitness of said applicant to be entrusted with 
such privilege, and must pay to said office one dollar to defray the neces- 
sary expenses attending the granting of such certificate. On proof that 
the holder of such certificate has captured or killed any bird, or taken the 
nests or eggs of any bird for other than scientific purposes, the certificate 
shall become void, and he shall be liable to a fine of not more than one 
hundred dollars or imprisonment not exceeding thirty days. 

Crim. Code, '12, § 736 ; 1905, XXIV, 950 ; 1920, XXXI, 783. 

(760) § 29. When Certificates Expire. — The certificates authorized 
by Section (759) shall expire on the 31st day of December of the year 
issued, and shall not be transferable. 

Crim. Code, '12, § 787 ; 1905, XXIV, 950. 

(761) § 30. Violation of Section (757) Misdemeanor. — Any person 
violating any of the provisions of Section (757) shall be guilty of a mis- 
demeanor, and shall be liable to a fine of not less than one dollar nor more 
than five dollars for each bird, living or dead, or part of a bird, or nest, 
or set of eggs, or part thereof, killed or captured or possessed, in violation 
of said Section, or be imprisoned in the county jail for not more than thirty 
days. 

Crim. Code, '12, § 739 ; 1905, XXIV, 9.50. 

(762) § 31. Regulations in Regard to Transportation of Game Birds 
or Animals. — No person or corporation shall knowingly receive for trans- 
portation, or shall transport or cause to be transported, or have in his or 
her posession with the intent to transport, or to secure the transportation 
of beyond the limits of this State, any of the partridges, grouse, wild tur- 
keys, snipe, woodcock, or other game birds or game animals which have 
been killed or captured in this State, and each bird or game animal so 
killed or taken or had in possession, received for transportation or trans- 
ported, contrary to the provisions of this Chapter, shall constitute a sep- 



OF SOUTH CAROLINA 225 

arate offense. The reception by any person or corporation within this State 
of any such birds or game for shipment to a point beyond the limits of this 
State shall be prima facie evidence that said birds or game were killed 
within the State for the purpose of conveying same beyond its limits ; but 
the provisions of this Section shall not apply to common carriers into whose 
possession birds or game shall come in the regular course of their business 
for transportation while they are in transit through the State from any 
place without the State : And provided, further, That nothing herein shall 
prohibit persons from having in their possession for the purpose of domes- 
tication and propagation any of the birds and animals referred to in this 
Chapter. 

Crim. Code, '12, § 741 ; 1907, XXVI, 660. 

(763) § 32. Number of Game Birds Nonresident May Carry From 
State. — Any person holding a hunter's license to hunt in South Carolina 
shall be permitted to take in his hand openly from the State fifty par- 
tridges, or twelve ruffled grouse, or four wild turkeys, or fifty beach birds, 
or fifty wild ducks and geese, or two deer in a season. 

Crim. Code, '12, § 746 ; 1907, XXV, G59. 

(764) § 33. Chief Game Warden.— (1) The execution of the bird, 
game and nonmigratory fish laws of South Carolina shall be by and under 
the direction of a Commissioner, to be known as the Chief Game Warden. 
Said Chief Game Warden to be elected by the General Assembly of this 
State and then be commissioned by the Governor, and shall, before assum- 
ing the duties of hi& office, subscribe to the oath required of public officers, 
and shall furnish bond in the sum of two thousand ,dollars, to be approved 
by the Governor and filed in the office of the Secretary of State. (2) The 
Chief Game Warden shall have charge of the warden force and exercise 
supervision over the enforcement of the laws. He shall be empowered to 
make contracts with wardens : Provided, That no warden shall be paid in 
excess of twelve hundred dollars per annum, nor be allowed more than 
six hundred dollars for traveling expenses. And he shall have the power 
to dismiss the wardens at his discretion. (3) The State Treasurer shall pay 
out money from the Game Warden fund on the order of the State Fish and 
Game Commissioner, and the said Chief Game Warden shall make an 
annual report to the Treasurer, covering all moneys expended. He shall 
at the same time make report to the Governor and the General Assembly of 
the State, covering all matters relating to his department for each year 
he is in office. (4) The Chief Game Warden shall receive the salary of 
$2,500.00 per year, with an allowance for traveling expenses of $1,000.00. 
There shall be no other charge on the State Treasury for any amount what- 
soever not credited to the Game Protection Fund. His term of office shall 
be four years. He shall be subject to removal by the Governor as provided 
in Section (765). 

Crim. Code, '12, § 747 ; 1910, XXVI, 575 ; 1919, XXXI, 101 ; 1920, XXXI, 809. 

. Appointment of Chief Game Warden under former law. Gibbes v. Richardson, 107 S. C. 191, 92 
S. E. 333. 

(765) § 34. Appointment of Game Wardens. — The Governor of the 
State shall appoint, upon the recommendation of the Legislative Delegation 

16 C L 



226 CRIMINAL CODE 

of the several counties, from time to time, bird, nonmigratory fish and game 
wardens, whose term of office, unless otherwise provided for, shall be dur- 
ing good behavior or until their successors are appointed. The Governor 
shall issue a commission to each person appointed as a warden, and shall 
transmit such commission to the office of the Clerk of Court for the county 
in which the prospective Treasurer, or bird, nonmigratory fish and game 
warden is a resident. No tax or fee shall be charged or collected for said 
commission. Any of the said wardens or Chief Game Warden may' be 
removed by the Governor upon proof satisfactory to him that they are 
not fit persons for said positions. The compensation of said wardens shall 
be fixed and paid by the Chief Game Warden from and out of the Game 
Protection Fund, as provided by law. 

Crim. Code, '12, § 748; 1907, XXV, 662; 1920, XXXI, 809. 

(766) § 35. Game Wardens May Examine Cars, Etc., for Game. — A 

duly commissioned bird and game warden is authorized, upon making an 
affidavit before a Magistrate or in any Court of the State, that there exists 
reasonable grounds to believe that birds or game are in possession of a 
common carrier in violation of the law, is authorized to procure a search 
warrant and to open and enter and examine all cars, warehouses and re- 
ceptacles of common carriers in the State, where they have reason to believe 
any game, taken or held in violation of this Section, is to be found and 
seize the same. It shall be the duty of said bird and game wardens to pros- 
ecute all persons or corporations having in their possession any birds, non- 
migratory fish, or game, contrary to the bird, fish, and game laws of this 
State. It shall be their duty to see that the bird, nonmigratory fish, and 
game laws are enforced, and to obtain information as to all violation of the 
said bird, nonmigratory fish, and game laws. All moneys obtained from 
fines or forfeitures, except as otherwise directed in this Chapter, shall be 
deposited with the State Treasurer to the credit of the ' ' Game Protection 
Fund." 

Crim. Code, '12, § 749 ; 1907, XXV, 662. 

(767) § 36. Game or Fish Unlawfully Taken to Be Sold.— Any bird, 
nonmigratory fish, or animal caught, taken or killed, shipped, or received 
for shipment, had in the possession or under control by any person or cor- 
poration contrary, to the provisions of law, which may come into the pos- 
session of the bird and game wardens, shall be sold at auction within the 
State, and the bird or game warden disposing of the same shall issue a cer- 
tificate to the purchaser, certifying that the said birds, non-migratory fish, 
or animals, were legally obtained and possessed, and anyone so acquiring 
said birds, nonmigratory fish, or animals, within this State, can have the 
right to use them as if same had been sold, killed or possessed in accordance 
with the laws of this State. The money received from the sale of such con- 
fiscated birds, nonmigratory fish or game shall be forwarded b}' the game 
warden to the Treasurer of the State and be placed to the account of the 
"Game Protection Fund." 

Crim. Code, '12, § 750; 1907, XXV, 602. 



OF SOUTH CAROLINA 227 

(768) § 37. Oath and Bond of Game Wardens.— Every Warden ap- 
pointed shall, before entering upon the duties of his office, take and sub- 
scribe before the Clerk of Court of the county of which he is a resident, 
or before any Notary Public, an oath to perform the duties of said office' 
and shall execute a bond in the sum of one hundred dollars for the faithful 
discharge of his duties, and the said bond and oath shall be recorded by the 
Clerk in his office, and the warden so qualified shall possess and exercise all 
the powers and authorities held and exercised by the Constable at common 
law and under the Statutes of this State. The Clerk shall not charge more 
than fifty cents for taking and recording said oath. The bird and game 
wardens, when acting in their official capacity, shall wear in plain view a 
metallic shield with the* words ''Bird and Game Warden" inscribed thereon. 

Grim. Code, '12, § 751 ; 1908, XXV, 1156. 

(769) § 38. Penalty Where Not Otherwise Provided.— All persons or 
corporations violating any of the provisions of this Chapter shall be guilty 
of a misdemeanor, and, upon conviction, shall be punished in the discretion 
of the Court, except where punishment is otherwise provided. 

Grim. Gode, '12, § 752; 1907, XXV, 662. 

(770) § 39. License to Enter Public Lands to Hunt Wild Duck.— 

1. Any citizen of this State may and shall be permitted to have access to 
the public lands, marshes and navigable streams and waters of this State 
and to pursue, kill or capture game of any kind whatsoever (at the times 
and in the manner permitted by law at the time), except wild duck, which, 
shall be permitted only upon the payment of the following amounts, to 
wit : For a license to take or shoot and ship wild duck, fifty dollars. 

2. How Licenses to Kill Wild Ducks Issued. — The licenses shajl be 
issued by the County Treasurer of each county in which it is sought to take 
or kill wild duck, upon the written application for such license for such 
county; and on the payment of the amounts hereinbefore set forth 
and the giving of a bond to the State in the sum of two hundred 
and fifty dollars, with security, to be approved as provided by law in the 
case of the bonds of County Officers, conditioned for the faithful perform- 
ance by the applicant of the laws of the State with reference to the taking, 
capturing and killing of wild duck, and the payment of all fines imposed 
for any breach thereof, and for the punctual and faithful return and state- 
ment of all wild duck taken, captured or killed, in pursuance of the said 
license and the payment of all amounts due therefor. 

3. Disposition of Proceeds.— The proceeds of all licenses and amounts 
paid as prescribed in this Section, as well as all fines imposed under this 
Section, shall go one-half to the State and one-half to the county in which 
the license is issued. 

4. Penalty for Killing Wild Duck Without License. — Any person 
found pursuing, killing, capturing or taking wild duck on the public lands 
and marshes of this State, or in the public navigable streams or marshes 
thereof, without a license, as herein required shall, on conviction thereof, 
be punished by a fine of not exceeding two hundred dollars, or imprison- 



228 CRIMINAL CODE 

ment for not exceeding sixty days, either or both in the discretion of the 
Court. 

5. Time Licenses May Issue. — Licenses may be issued at any time dur- 
ing the year (but no wild duck may be killed or taken save in the season 
and manner prescribed by law), and all licenses shall expire on the 31st day 
of December in the year in which they are issued. 

6. Licenses to Nonresidents to Kill "Wild Duck. — The County Treas- 
urer of each county is hereby authorized to issue license to any nonresident 
of the State upon payment of ten dollars, which license shall entitle the 
holder thereof to all the rights and privileges accorded herein to any citizen 
of the State, in relation to the pursuit, capture, hunting, shooting of wild 
duck : Provided, That said license shall not be construed to give the right 
to the holder thereof to sell the same within or without the State. 

7. Violation of This Section as to "Wild Duck by Nonresidents. — Any 
person not a citizen of this State, who does not hold a license as hereinbefore 
provided, who shall be found engaged in the pursuit, sale, killing or taking 
of any wild duck on the public lands and marshes, or on or in the public 
navigable streams or waters of this State, shall be guilty of a misdemeanor, 
and punished by a fine not exceeding five hundred dollars, or imprison- 
ment in the county jail not exceeding sixty days, either or both, at the 
discretion of the Court, for a first conviction, and upon any second convic- 
tion, shall be punished by fine or imprisonment in the county jail or pen- 
itentiary, with or without hard labor, either or all, at the discretion of the 
Court. 

Crim. Code, '12, § 753 ; 1905, XXV, 933. 

(771) § 40. Game Fish Taken With Nets to Be Returned to the 
Water. — Should any game fish be taken by net or other appliance while 
fishing for other fish than game fish, they shall be immediately returned to 
the water from whence they came. 

Crim. Code, '12, § 756; 1910, XXVI, 576. 

(772) § 41. Killing of Doe Prohibited for Five Years. — For a period 
of five years it shall be unlawful for any person to kill any doe in 
this State. Violations of this Section shall subject the offender to fine of 
not more than one hundred ($100) dollars, or imprisonment of not more 
than thirty (30) days: Provided, The provisions of this Section shall not 
apply to Berkeley County. 

1920, XXXI, 1348. 

(773) § 42. Draining of Private Ponds to Take Fish Lawful— Open 
Season — Method of Taking Fish. — All persons ovvming any private pond 
shall be, and are hereby, permitted to draw off the waters of same for 
the purpose of catching the fish living therein : Provided^ Such drawing. 
is done during the open season for catching game fish, as otherwise pro- 
vided for : And provided, further. That the catching of fish under this 
Section shall be by hand or hand nets only. 



OF SOUTH CAROLINA 229 

2. How Often Pond May Be Drawn — Sale of Fish. — That no such 
pond shall be drawn oftener than once in every three years, and any fish 
caught at such time can be sold within the bounds of the State. 

2-A. Peivate Pond Defined. — That the words "any private pond" 
shall mean all ponds located on small streams of water, regardless of their 
position on such streams, such streams of water not to be any river or 
navigable stream in this State. 

1921, XXXII, 190. 



CHAPTER XIX. 
Protection of Nongame, IVIigratory and Shellfish, Etc. 

(774) § 1. Unlawful to Poison Streams — Dynamijle. — It shall 
be unlawful to poison the streams or waters of the State in any manner 
whatsoever for the purpose of taking fish. The muddying of streams 
or ponds or the introduction of any substance which results in making 
the fish sick, so that they may be caught, is hereby declared to be poison- 
ing in the sense of this Section. It shall be unlawful to throw, place or 
put any dynamite or any explosive in any lake, stream or water in the 
State for the purpose of taking fish. For violation of this Section the 
person or persons so violating shall be fined five hundred ($500.00) dol- 
lars, or imprisoned one year. 

Ci-im. Code, '12, | 757; 1910, XXVI, 576; 1911. XXVII, 12.5, 126. 128. 

(775) § 2. Unlawful to Fish in Private Pond Without Permission. 
— It shall be unlawful to fish in any private pond or stream without 
the permission of the owner, or from the banks of a navigable stream 
without the permission of the owner of the land: Provided, That such 
permit must be in writing should the owner not be within one mile of 
the place where person or persons may be caught in the act of so fish- 
ing. 

Crim. Code, '12, § 758; 1910, XXVI, 576. 

(776) § 3. Fishways in Dams — Penalty. — No navigable stream of 
this State shall be obstructed by dam or otherwise unless there be pro- 
vided a fishway in same. For the violation of this Section the person or 
corporation so violating shall be fined not less than twenty-five ($25.00) 
dollars for each day that such obstruction shall exist without said fish- 
way in same after having been notified in writing by any person that 
such obstruction exists. 

Crim. Code, '12, § 759; 1911, XXAQI, 125. 

(777) § 4. Catching Nonmigratory and Migratory Fish. — Any non- 
migratory fish, except game fish, may be caught at any time or in any 
manner not prohibited by this Chapter. Migratory fish may be caught in 
accordance with such laws as now exist or may hereafter be enacted. 

Crim. Code, '12, § 760; 1911, XXVII, 126. 

(778) § 5. Penalty for Violation of Provisions Herein. — For the vio 

lation of any proAdsions of this Chapter not otherwise provided for shall, 



230 CKIMIXAL CODE 

upon conviction, be fined not less than ten dollars nor more than twenty- 
five dollars, or be imprisoned for not less than ten days nor more than 
thirty days, and for the violation of any provision of Section (776) 
upon conviction, be fined not less than one dollar nor more than twenty- 
five dollars, or be imprisoned for not less than one day nor more than 
thirty days. 

Crim. Code, '12, § 761; 1911, XXVII, 126. 

(779) § 6. Fish Unlawfully Caught to Be Sold.— Any fish caught 
contrary to the provisions of Sections (77J:) to (778), inclusive, shall be 
sold to the highest bidder and the money transmitted to the State Treas- 
urer to the credit of the Game Protection Fund, and any fines collected 
under the provisions of Sections (774^ to ''778), inclusive, shall be paid 
to the State Treasurer to the credit of the Game Protection Fund. 

Crim. Code, '12, § 762 ; 1911. XXVII, 126. 

(780) § 7. Same— Fines — Disposition of. — All fines collected for the 
violation of any of the Sections of this Chapter shall be turned into the 
County Treasury to be disbursed the same as any ordinary county fund. 

Crim. Code, "12, § 763; 1911, XXVII. 126. 

(781) § 8. Penalty for Fishing or Trespassing in Any Manner.— 

Whenever any one shall have made or created an artificial pond on his 
own land, and shall put therein any fish or the eggs of any fish or oys- 
ters, for the purjDose of breeding and cultivating fish or oysters, and 
shall give notice thereof, by written or printed handbills, put up in 
public places near the said pond, any person or persons who shall there- 
after enter in about such pond for the purpose of fishing, or shall catch 
or take away any fish or oysters therefrom, or shall be guilty of com- 
mitting any trespass upon any artificial fish pond by fishing in the same, 
or in any manner using any means to destroy the fish or oysters 
raised or collected in such pond, or by breaking the dam or dams for 
the purpose of permitting the fish or oysters to escape, or by poison- 
ing the same, or in any manner destroying or injuring the same, upon 
conviction, shall be deemed guilty of a misdemeanor, and shall be sub- 
ject to a fine of not less than twenty dollars nor more than one hun- 
dred dollars or be imprisoned at the discretion of the Court; which fine. 
if imposed, shall go one-half thereof to the informer and the other half 
thereof to the person or persons whose property shall have been injured : 
Provided, That nothing in this Section shall be construed as applying 
to ponds used as water pow?r for manufacturing purposes. 

Crim. Code, '12. § 764 ; Crim. Code, '02, § 534 : G. S. 1680 ; R. S. 414 ; 1S72, XV, 161. 

(782) § 9. Staked Nets. Seines, Etc.. Not to Extend More Than Half 
Way Across Stream. — It .shall be unlawful at any time during the year 
to stretch any staked nets, seines, wire fences or traps more than half 
way across the river or streams, or to use any seines in any of the 
lakes of this State, except where such basins or lakes lie wholly within 
limits of private property of this State. Any person violating this 
Section shall be punished as prescribed in Section (794). 

Crim. Code, '12, § 765; 1901. XXIII, 399. 



OF SOUTH CAEOLINA 231 

(783) § 10. Nets Obstructing Passage of Fish in Savannah River, 
Near City of Augusta. — It shall be unlawful for any person or persons 
to obstruct the free and convenient passage of fish in Savannah River 
by nets, seines, or other similar devices, or to fish with nets, seines, or 
similar devices in said river within one mile below or one-half of one 
mile above the dam across said river near the city of Augusta, and 
known as the Augusta Canal Dam. 

Crim. Code, '12, § 766; Crim. Code, "02. § .536; G. S. 1690; R. S. 423; 17S0, Y, 124. 

(784) § 11. Restrictions as to Fishing on South Carolina Side of Sa- 
vannah River. — It shall be unlawful for any person or persons here- 
after to establish any fishery by nets, seines, traps, or other or sim- 
ilar devices, on the South Carolina side of said river within the local- 
ity set forth in the preceding Section hereof, or to enter said locality 
of said river from the South Carolina side thereof, for the purpose of fish- 
ing with said devices, except for the purpose of visiting traps already 
established. 

Crim. Code, '12, § 767 ; Crim. Code, '02, § 537 ; G. S. 1683 ; R. S. 417 ; 1882, XVII, 
783. 

(785) § 12. Misdemeanor to Place Traps on South Carolina Side 
of Savannah River. — It shall be a misdemeanor for any person or persons 
to place any trap in Savannah river, on the South Carolina side thereof, 
within the above distances, where no such traps are now located, or to 
fail to close up stich traps as are now there during the close time now pro- 
vided by law. 

Crim. Code, '12, § 768 ; Crim. Code, '02, § .538 ; G. S. 1684 ; R. S. 418 ; 1882, XVII, 
783. 

(786) § 13. Punishment for Violation of Provisions as to Savanah 
River. — Any person violating the provisions of the last three preceding 
Sections hereof, upon conviction before any Court of competent jurisdic- 
tion, shall, for each offense, be imprisoned for a term of not less than three 
months, or fined in a sum of not less than two hundred dollars, or both 
fined and imprisoned, in the discretion of the Court. 

Crim. Code, '12, § 769 ; Crim. Code, '02, § 539 ; G. S. 1685 ; R. S. 519 ; 1882, XVII, 
783. 

(787) § 14. Obstructions in Streams — Close Time — Penalty — Seines 
and Nets — Disposition of Fines. — At no time during the year shall there 
be any permanent obstructions of any kind or nature whatever in any of 
the inland creeks, streams or waters of the State to the free migration 
of fish ; or shall any seine, net or any plan or device for the stoppage or 
collecting of fish which obstructs any portion of any creek, stream or inland 
waters of the State, be set or used in any manner whatsoever in any such 
creeks, streams or inland water within one mile of the mouth of the "Wac- 
camaw. Great Pee Dee and Bull Creek Elvers, and not below a line from 
where Llosquito 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 Saturday until the rising of the sun each Wed- 



232 CRIMINAL CODE 

nesday, during which, time all seines, nets or any plan or 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 creek, streams or inland waters; and any per- 
son or persons using such seine, net, plan or device in violation of the 
provisions of this Section shall be deemed guilty of a misdemeanor, and, 
upon conviction thereof before any Court of competent jurisdiction, shall 
be fined in the sum of two hundred dollars, one-half of which shall go to 
the informer and the other half to the Court in which the case shall be 
tried, or be imprisoned for a period of not less than three nor more than 
six months, or both, in the discretion of the Court trying the case. Noth- 
ing herein contained shall apply to fishing with dip nets used by hand. 
And wherever any seine, net or any plan or device for the stoppage or 
collecting of fish, as above stated, shall be used, the Chief Game Warden or 
any Warden shall have the authority, in the name of the State, to seize 
and hold said seine, net or plan or device for the stoppage or collecting 
of fish, and to use the same as evidence for the purpose of convicting any 
violating the provisions of this Section; and, upon conviction, of the 
person so using said seine, net or plan or device for stoppage or col- 
lecting of fish, the same shall be forfeited to the State and sold, the pro- 
ceeds of said sale to be transmitted to the credit of the Game Protection 
Fund. 

Grim. Code, '12, § 770 ; Grim. Code, '02, § 517 ; G. S. 1669 ; R. S. 403 ; 1870, XIV, 
338 ; 1871, XIV, 660 ; 1872, XV, 191 ; 1878, XVI, 539 ; 1885, XIX, 58 ; 1889, XX, 379 ; 
1915, XXIX, 187; 1918, XXX, 717. 

(788) § 15. Fishways to Be Constructed. — All manufacturing com- 
panies or persons who have erected, or may hereafter erect, artificial dams 
across the inland creeks, rivers, streams or waterway of this State which 
prevent the migratory fish from ascending the same, unless excused by the 
County Board of Commissioners, shall construct proper fishways or lad- 
ders over the same, to be approved by the County Board of Commissioners 
of the county in which such dam is situated, and should such manufactur- 
ing company, person or persons, refuse or fail so to do within thirty days 
after notice from the County Board of Commissioners, they shall be liable 
to a fine or penalty of five thousand dollars, recoverable by the county 
in which such dam has been or may be erected in a Court of competent 
jurisdiction. 

Grim. Code, '12, § 771; Grim. Code, '02, § 518; G. S. 1670; R. S. 404; 1871, XIV, 
661 ; 1908, XXV, 1036. 

(789) § 16. Impurities Not to Be Ca&t in Streams. — Should any 
person or persons cause to flow into or be cast into any of the creeks, 
streams, or inland waters of this State, any impurities that are poisonous 
to fish or destructive to their spawn, such person or persons shall, upon 
conviction thereof, be punished with a fine of not less than five hundred 
dollars, or imprisonment of not less than six months in the county jail ; the 
fine to go one-half to the informer and the other half to the county. 

Grim. Code, '12, § 772; Grim. Code, '02, § 519; G. S. 1671; R. S. 405; 1726, III, 
270; 1871, XIV, 661. 



OF SOUTH CAROLINA 233 

(790) § 17. Fish Sluices to Be Designated.— It shall be tlie duty of 
the County Commissioners to designate the fish sluices on the several rivers, 
so as to leave one or more passages for fish up the said river, which sluices 
shall be sixty feet wide, or, where there are two or more such 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; and if any person 
shall obstruct any such sluice, when once opened, so as to prevent the 
free passage of fish up the same, and every part thereof, he shall be deemed 
guilty of a public nuisance, and, on conviction thereof in the Court of 
General Sessions, shall be fined one hundred dollars, and shall stand com- 
mitted until such fine be paid, for a time not exceeding ten days, at the 
discretion of the Court before which such conviction may take place. One- 
half of the fine shall be paid to the informer, and the other half into the 
treasury of said State. "Whenever a fish sluice in any of the rivers afore- 
said shall have been designated as aforesaid, any stoppage of the same 
shall be regarded as a public nuisance and may be abated as such. 

Crim. Code, '12, § 773; Crim. Code, '02, § 520; G. S. 1672; R. S. 406; 1827, VI. 
340; 1837, VI, 569; 1879, XVII, 74. 

(791) § 18. No Fish Traps Near the Dams on Any Navigable 
Streams.— It shall not be lawful for any person whomsoever, at any time, 
to erect or keep up any fish trap or other device for catching fish, or to 
fish with any net or seine, within eighty yards of any dam erected by the 
order or at the expense of the State across any stream intended thereby 
to be made navigable, in which dams there shall be left or constructed any 
sluice for the passage of fish ; and all and every person or persons offending 
shall, for each and every offense, pay the sum of twelve dollars, to be re- 
covered before the Court of General Sessions of the county where the 
offense may have been committed, one-half of which penalty shall go to 
the informer and the other half to the support of the work to which the 
dam is attached; and all traps and other devices for catching fish erected 
or kept up in violation of this Section are hereby declared public nuisances 
and may be abated as such. 

Crim. Code, '12, § 774; Crim. Code, '02, § 521; G. S. 1675; R. S. 407; 1827, VI, 

340; 1822, IX, 521. 

The right to take fish iii a navigable river is common to all, and any party has the right to con- 
struct fish traps beyond the prescribed distance from the dam. Boatwright v. Bookman, Rice 447; 
Jackson v. Lewis, Chev. 259. , " 

(792) § 19. Penalty for Obstructing Navigation by Fish Traps. — If 

any person shall keep, put, or cause to be kept, put or placed by him, her 
or them, any fish trap in or near any boat sluice in any of the rivers within 
this State so as thereby to injure or in the least obstruct the free nariga- 
tion of said rivers, every such person or persons so offending shall forfeit 
for each and every such offense the sum of one hundred dollars, foi the 
use of the State. 

Crim. Code, '12, § 775 ; Crim. Code, '02, § 522 ; G. S. 1676 ; R. S. 408 ; 1829, VI, 393. 

Boatwright v. Bookman, Rice 447; Jackson ■;;. Lewis, Chev. 259. 

(793) § 20. Stealing From a Fish Trap — Penalty. — Any person who 
shall take and carry away from any fish trap in the waters of this State 



234 CRIMINAL CODE 

any fish caugiit and being in said trap, with intent to defraud and deprive 
the owner or owners of said trap of the said fish, shall be deemed guilty 
of a misdemeanor, and, on conviction thereof by indictment, shall be pun- 
ished for said offense by fine not exceeding two hundred dollars and im- 
prisonment not exceeding six months. 

Grim. Code, '12, § 776 ; Crim. Code, '02, § 523 ; G. S. 1677 ; R. S. 409 ; 1829, VI, 393. 

Boatwright v. Booliman, Biee 447. 

(794) § 21. Use of Explosives in Streams Unlawful — Provisos. — It 

shall be unlawful for any person to kill, injure or destroy any fish in the 
fresh waters of this State by the use of dynamite, giant powder or other 
explosive material, and any person violating this Section shall be deemed 
guilty of a misdemeanor, and be imprisoned for not more than six months, 
or be fined not more than one hundred dollars, or both fine and imprison- 
ment, at the discretion of the Court : Provided, That nothing herein con- 
tained shall be construed to forbid the use of explosive material by the 
officers of the State or United States Government in the discharge of their 
official duties: Provided, further, That nothing herein contained shall be 
construed to prevent the use of any such explosive material by any person 
or corporation mining phosphate rocks in any of the navigable streams of 
the State under license from the State : Provided, further, That nothing 
herein contained shall be construed to prevent the use of any such ex- 
plosive material by any person or corporation in the rafting or floating of 
logs in any of the navigable streams of this State, or in opening or straight- 
ening out the current of such streams for such purpose under a permit 
from the United States Government. 

Crim. Code, '12, § 777; Crim. Code, '02, § 527; R. S. 413; 1889, XX, 354; 1914, 
XXVIII, 564. 

(785) § 22. Regulation Under Board. — The regulation of catching, 
gathering, selling, exporting or canning oysters, terrapin, clams, shad and 
sturgeon is under the supervision of the Board of Fisheries. 

1917, XXX, 170; 1921, XXXII. 309. 

(796) § 23. License for Penning Terrapin— For Buying— Violation a 
Misdemeanor — Penalty. — Each and every person, firm or corporation 
engaged in the penning or exporting from this State of terrapin, shall 
apply to the County Treasurer in his respective county for a license 
for the same, and the said County Treasurer shall, upon the payment 
of twenty-five ($25.00) dollars by said person or persons, firm or cor- 
poration, issue to each person or persons, firm or corporation, a license 
to pen in this State and export from the State terrapin for one (1) year, 
subject, however, to Section 1 and Section 38 of the Criminal Code ; all 
persons, firms or corporations other than common carriers, who, for 
themselves or others, hold terrapin in confinement for the purpose of 
sale or delivery shall be deemed and considered as being engaged in the 
business of penning terrapin within the meaning of the article. ^ And 
whenever any one person or persons, firm or corporation shall maintain 
a pen or store or agency in more than one place or locality, for the pur- 
pose of buying terrapin for commercial purposes, the payment of a 
separate license of twenty-five ($25.00) dollars for such pen, store, 



OF SOUTH CAROLINA 235 

or agency shall be required : Provided, That nothing herein contained shall 
be construed so as to require any such persons, firm or corporation to 
take out any license for any employee or employees engaged by such 
person or persons, firm or corporation, respectively, for catching or 
gathering terrapin. Any person or persons, firm or corporation buying 
or receiving terrapin for the purpose of reselling or using them in any 
way for commercial purposes, shall be subject to the same license as 
herein required for penning; and all terrapin penned in this State shall 
be subject to a tax of ten (10) cents each whether the same shall have 
been gathered, caught, or bought within the State or not. That any 
person, persons, firm or corporation penning terrapin for any length 
of time, whether same is used for commercial purposes or not, shall be 
required to pay a license fee of twenty-five ($25.00) dollars. Any em- 
ployee or employees buying or selling terrapin for any person, persons, 
firm or corporation shall be subject to the same license fee of twenty-five 
($25.00) dollars. Any person, persons, firm or corporation violating the 
provisions of this Section shall be guilty of a misdemeanor, and, upon 
conviction, shall be fined not less than twenty-five ($25.00) dollars nor 
more than one hundred ($100.00) dollars, or imprisonment for not less 
than thirty (30) days nor more than six (6) months. 
1921, XXXII, 309. 

(797) § 24. Closed Season for Shad— Impost Tax — Nets.— It shall 
be unlawful to catch, buy or ship shad, and the specie of shad known 
as hickory shad, between the first day of April and the 31st day of 
December in any year within forty (40) miles of the mouth of any 
river emptying into any gulf, bay or ocean, and above said limit to the 
source of any river between the first day of May and the thirty-first day 
of December in any year. An impost tax of five (5) cents shall be put 
upon each shad and one (1) cent upon each hickory shad offered for 
sale or shipped from any point within this State to another point within 
this State or without this State : Provided, Shad caught in this State for 
personal use only shall be exempt from this tax. No nets shall be used 
under five and a half (51/0) inch mesh for white shad, and no net shall 
be used under three and a half (31/^) inch mesh for hickory shad, and no 
net shall be stretched more than half way across, any navigable stream, 
nor within two hundred yards of each other, and no nets of any kind 
shall be allowed below a line where Mosquito Creek empties into Win- 
yah Bay across said bay in an easterly direction to the opposite shore 
of said bay, nor shall any device, net or seine for the stoppage or col- 
lection of fish be set or used in any manner whatsoever within one mile 
of the mouth of the Waccamaw, Great Pee Dee and Bull Creek rivers. 

1917, XXX, 171. 1919, XXXI, 650. 1921, XXXII, 309. 

(798) § 25. Closed Season for Sturgeon and Caviar — Use of Nets^ 
License — Violation a Misdemeanor — Penalty. — There shall be an open 
and close season for the catching and shipping of sturgeon and caviar, 
as follows : The open season shall be from April 1 to October 1 in each 
year, and no person or persons shall fish, for, catch, or have in his or 
their possession any sturgeon between the first of April and the first 



236 CRIMINAL CODE 

day of October, both dates inclusive. Each person, firm or corporation 
fishing for sturgeon shall make a sworn report to tlie Inspector by the first 
day of May of the number of nets he, she or they have or will use during 
the season, and they shall make a written report to the Chairman of the 
Board of Fisheries within five (5) days after the close of the season of 
the number of sturgeon caught by such person, firm or corporation and 
the number of pounds of caviar shipped. No sturgeon net shall be used 
without having a license attached to the same when in use in such man- 
ner ; that is, shall be on top or above the water in plain sight at all times. 
No nets shall be used less than ten (10) inches mesh. There shall be a 
license for the catching, buying and shipping of sturgeon or caviar 
as follows : Each sturgeon net license, fifteen ($15.00) dollars. Each 
person or firm shipping caviar or sturgeon shall pay a license of one hun- 
dred ($100.00) dollars; non-residents fishing for sturgeon shall pay a 
license of ten ($10.00) dollars; nonresidents buying or shipping sturgeon 
or caviar, five hundred ($500.00) dollars ; nonresidents using personal 
nets or boats shall pay a license of two hundred ($200.00) dollars. A li- 
cense pursuant to these rules is nontransferable, and if a licensed net 
be used by any other person than the licensee or person in his employ, 
or under his immediate supervision, it shall be deemed forfeited and 
revoked. The owner of each nonresident license must exhibit the same 
when requested by each Inspector or member of the Board of Fisheries. 
Applicants for license shall apply to the County Treasurer, license 
blanks, tags, etc., to be furnished to the Treasurer by the Board of Fish- 
eries. The Board of Fisheries may revoke any license granted hereunder 
at any time for any reason which to the Boar.d may seem sufficient. Any 
person or persons, firm or corporation violating the provisions of this 
Section shall be guilty of a misdemeanor, and, upon conviction thereof, 
shall be subject to a fine of not less than ten ($10.00) dollars nor more 
than two hundred ($200.00) dollars, or imprisonment for not less than 
thirty (30) days nor more than six (6) months. 

1917, XXX, 171; 1919, XXXI, 120, 650; 1920, XXXI, 960; 1921, XXXII, 309. 

(799) § 26. License for Fishing Boats — Violation a Misdemeanor — 
Penalty.- — Any person or persons, firm or corporation or employees of 
same fishing for edible salt water fish within the boundaries of the State 
shall pay a license of five ($5.00) dollars for each boat used when fishing 
for commercial purposes. Each boat shall be designated by a number 
which shall appear on the license, number of boat being given by the 
purchaser of a license. The owner of each boat shall make a report to 
the Inspector in his district, on or by the fifth of each month, of the 
number of fish caught. Applicants for license shall apply to the County 
Treasurer, licenses to be furnished the County Treasurer by the Board 
of Fisheries. Any person, persons, firm or corporation violating the 
provisions of this Section shall be guilty of a misdemeanor, and, upon 
conviction thereof, shall be subject to a fine of not less than five ($5.00) 
dollars nor more than fifty ($50.00) dollars, or imprisonment for not less 
than five (5) days nor more than thirty (30) days. 

1921, XXXII, 309. 



OF SOUTH CAROLINA 237 

(800) § 27. Forfeiture of Vessels, Etc., Used in Violation of Ac1^- 
Penalties — Evidence — Searches. — Any vessel, boat, or other craft, tackle, 
apparel, anchors, cable, sails, appurtenances, and any dredge, scrapes or 
o4;her instruments used in violation of this Chapter shall be, together with 
the cargo of such vessel, craft or boat, forfeited to the State, and upon be- 
ing condemned as forfeited in proceedings upon a hearing before the 
Board, the net amount realized from the condemnation proceedings 
shall be paid over by the Board into the treasury of the State. The 
persons charged with the enforcement of Sections 30 to — , inclusive, 
shall have the right, without warrant, to arrest any person or persons 
who has, or have, in her, his or their possession, any oysters, clams, 
terrapin, shad or sturgeon in violation of Sections 26 to — , inclusive, and 
take such person or persons to the nearest Magistrate and swear out 
the proper arrest warrants. The unlawful possession of such oysters, 
clams, terrapin, shad or sturgeon shall be prima facie evidence of guilt, 
and if such person or persons is held for trial by the Magistrate con- 
ducting the preliminary examination the said Magistrate shall issue 
an order for the release of the terrapin and dumping of oysters, clams, 
shad or sturgeon. Any person or persons violating the provisions of 
this Section shall be fined not less than twenty-five ($25.00) dollars nor 
more than one hundred ($100.00) dollars, or imprisonment for not less 
than twenty (20) days nor more than thirty (30) days. The persons 
charged with the enforcement of Sections 27 to — , inclusive, shall have 
authority to enter and search any vessel, car, vehicle or place suspected 
of containing oysters, clams, terrapin, shad or sturgeon in violation of 
Sections 30 to — , inclusive, and shall be authorized to open and examine 
any package containing any article subject to taxation under provisions 
of said sections. 

1917, XXX, 170. 1921, XXXII, 309. 

(801) § 28. Unlawful for Nonresidents to Gather Oysters, Etc.— 
Provisos— Violation a Misdemeanor — Penalty. — It shall be unlawful for 
any person to gather or catch clams, oysters or terrapin from public 
grounds of the State who is not a bona fide resident of this State, and who 
has not continuously resided herein for two years : Provided, however, That 
nothing contained in this section shall prohibit a nonresident who shall 
have leased any lands for the purpose of planting and cultivating shell 
fish under the provisions of Sections (997) -(1000) of the Civil Code, 
from gathering oysters from the natural beds of the State for the purpose 
of planting and_ cultivating them upon leased lands : Provided, however, 
That nothing in this Section shall prevent the gathering of oysters by non- 
residents who are engaged in the business of operating oyster canning fac- 
teries within this State, or shucking raw oysters within this State, or who 
are employed by those who are engaged in the said business. Subject 
to the provisions of this Chapter the employment of nonresidents by citi- 
zens of this State lawfully engaged in any of the fishing industries shall be 
pennitted, but no nonresident shall be allowed to gather or catch any 
shell fish or other fish from the public lands and waters of this State 
for market purposes, except as such employee. Any person or persons, 
firm or corporation violating the provisions of this Section shall be 



238 CRDIIXAL CODE 

guilty of a misdemeanor, and, upon com-iction, fined not less than fifty 
($50.00) dollars nor more than one hundred ($100.00) dollars, or to 
be imprisoned for not less than twenty (20) davs nor more than thirtv 
(30) days. 
1917, XXX. 170. 1921. XXXII. .309. ' 

(802) § 29. Closed Season for Oysters and Clams — Proviso — Viola- 
tion a Misdemeanor— Penalty. — It shall be unlawful for any person or 
persons, firm or corporation, to remove, buy or sell any oysters from 
the natural reefs, bottoms, beds or marshes, the property of the State, 
between the first day of May and the first day of October, in elusive, 
clams from the first day of July to the first day of October : Provided, That 
nothing in this Section shall be taken to forbid the removal of oysters from 
said natural reefs, beds, bottoms or marshes for the purpose of replant- 
ing said oysters or clams. Possession of oysters or clamS during the term 
specified shall be prima facie evidence of infringements of this provision, 
and that the onus of proof that such oysters or clams coming from pri- 
vate beds or from without the State are to be used for planting pur- 
poses shall rest upon the accused. Any person or persons violating the 
provisions of this Section shall be guilty of a misdemeanor, and, upon 
conviction, shall be fined not less than twenty-five ($25.00) dollars nor 
more than one hundred ($100.00* dollars, or imprisonment for not less 
than twenty (20) days nor more than thirty (30) days. 

1917. XXX. 170. 1921. XXXII. .b09. 

(803) § 30. Use of Scoops. Dredges, Etc.. Regulated — Violation a 
Misdemeanor — Penalty. — It shall be unlaAvful for any person or persons 
to use scoops, scrapes or dredges for the purpose of taking or catching 
of oysters or clams from the public grounds of any bed, rivers, creeks, 
strait or any tributary of such in this State tmder twelve feet in depth at 
low tide. Any person or persons violating the provisions of this Sec- 
tion shall be guilty of a misdemeanor, and, upon conviction, shall be 
fined not less than twenty-five ($25.00) dollars, or to be imprisoned for 
not less than six months. 

1917. XXX, 170. 1921. XXXII. 309. 

(804) § 31. Removal from State of Oysters or Clams in Shell Pro- 
hibited — Penalty — Tax on Export of Seed Oysters — Shipment of Oysters 
from Leased Grounds — Tax — Penalty for Violation. — It .shall be unlaw- 
ful for any- person or persons, firm or corporation to carry any oysters 
or clams in the shell out of the State in any boat or vessel, or by other 
mode of transportation, and all boats or vessels, or other vehicles of trans- 
portation found loaded with oysters for transportation out of this State 
shall sub.ject the owner or person'in charg*e to a fine of not less than one 
hundred ($100.00) dollars nor more than five hundred ($500.00) dol- 
lars, or imprisonment for not less than one month nor more than twelve 
months: Provided, however, That nothing in this Section shall prevent the 
carrying of seed oysters out of the State for planting purposes, with the 
consent of the Board of Fisheries, and that a tax of five (5) cents per 
bu.shel be paid for each bushel so carried. Any person or persons, firm or 



OF SOUTH CAROLINA 239 

corporation carrying seed oysters out of the State for planting purposes 
shall replace, on the grounds from which same are taken, twenty-five (25) 
per cent, of the amount so taken in oyster shells. Shells to be planted 
under the direction of the Inspector : Provided, further, That oysters 
which have been collected from lands leased from the State may be ex- 
ported in the shell from the State : Provided, They be shipped in barrels 
or other packages, and that a tax of five (5) cents per bushel be paid for 
each bushel so exported, and that a stamp or stamps purchased from the 
County Treasurer in payment of said tax to be affixed to each package, 
certifying that the tax upon the same has been paid. Any person or per- 
sons, firm or corporation shipping or transporting such oysters without 
the aforesaid stamp attached to package shall be punished as above pro- 
vided in this Section, and all persons or corporations engaged in exporting 
such oysters shall be required to keep a book in which shall be entered the 
date and amount of each shipment, and shall make an itemized report 
thereof within the first four (4) days of each month to the Board of Fish- 
eries under penalty of a fine not exceeding one hundred ($100.00) dollars, 
or imprisonment not exceeding thirty (30) days. 
1917, XXX, 170. 1921, XXXII, 309. 

(805) § 32. Small Oysters to Be Returned — Planting Oysters Re- 
quired of Canneries — Penalty for Failure. — All oysters taken from 
public grounds of this State with whatsoever instruments or implements 
shall be culled, and all oysters whose shell measures less than three 
inches from hinge to mouth except what are attached to a larger oyster 
and cannot be removed without destroying the small oyster, and all 
shells taken without said oysters shall be returned to the public grounds 
near and where taken, and no oysters shall be allowed by the Inspector 
to be marketed which shall consist of more than ten per cent, of smaller 
oysters in shells. The manager or person in charge of each canning 
factory in this State shall each year distribute upon such lands or 
bottoms, between high water and low water mark as shall be designated 
by the Chairman of the Board of Fisheries or by an Inspector under his 
approval and in such manner as said Chairman or Inspector shall re- 
quire, a quantity of oyster shells which shall be equal to not less than 
three per cent, or more than thirty per cent, of the quantity of oysters 
in the shell purchased or received by such canning factor}' during said 
year, the quantity of shells within the limits required to be dej)0sited 
and distributed by the manager or person in charge of such canning fac- 
tory to be fixed by the Board of Fisheries or by the Chairman of the 
said Board for each year, of which requirement they shall be duly noti- 
fied and shall deposit said shells not later than the first day of June: 
Provided, That the grounds or bottom designated shall be within ten 
(10) miles of the canning factory from which the shells shall be required 
to be deposited and distributed upon them. Any person or persons, 
firm or corporation violating the provisions of this Section shall be guilty 
of a misdemeanor, and, upon conviction thereof, shall be fined not less 
than one hundred ($100.00) dollars, or be imprisoned for a term of 
not less than one (1) month nor more than six (6) months. 
1917, XXX, 170. 1921, XXXII. .309. 



240 CRIMINAL CODE 

(806) § 33. Containers for Oysters Prescribed — Violations a Mis- 
demeanor — Penalty. — All oysters sold in the shell in this State shall be 
measured in a circular tub with straight sides, straight solid bottom, 
holes in the bottom not more than one-half inch in diameter. The said 
measure shall have the following dimensions : A bushel shall measure 
eighteen (18) inches from inside across bottom and twenty-one (21) 
inches from bottom to top of chime. All measures used for buying or 
selling oysters shall have a grade, to be adopted by the Board of Fish- 
cries or its lawful Inspector. Any person violating this Section shall be 
guilty of a misdemeanor, and, upon conviction thereof, shall be fined 
not less than ten ($10.00) dollars nor more than fifty ($50.00) dollars, 
or imprisonment for not more than thirty (30) days. All measures 
found in the possession of any such person not meeting the requirements 
of this Section shall be destroyed by said Board or its lawful agents. 

1917, XXX, 170. 1921, XXXII, 309. 

(807) § 34. Sale or Shipment of Canned, Etc., Oysters, Etc., With- 
out Stamp Unlawful — Violation a Misdemeanor — Penalty. — It shall be 
unlawful for any person or persons, firm or corporation, to sell, or ship, 
and it shall be unlawful for any person or persons, firm or corporation, 
to receive or transport said canne.d oysters, raw shucked oysters, ter- 
rashed clams, except there be affixed to each package a stamp or stamps, 
furnished by the Board of Fisheries certifying that the said impost tax 
thereon has been paid. Any person or persons, firm or corporation vio- 
lating the provisions of this Section shall be guilty of a misdemeanor, and, 
upon conviction, shall be fined not more than one thousand ($1,000.00) 
dollars nor less than five hundred ($500.00) dollars, or to be impris- 
oned for not more than twelve (12) months nor less than six (6) months. 

1917, XXX, 170. 1921, XXXII, 309. 

(808) § 35. Counterfeiting Stamps a Misdemeanor— Penalty. — It 

shall be unlawful for any person or persons to counterfeit any stamp 
adopted by Boai^d of Fisheries, or produce any similar design thereof, 
or to aid or assist in the uttering. Any person or persons, firm or cor- 
poration violating this Section shall be guilty of a misdemeanor, and, 
upon conviction, shall pay a fine of not less than five hundred ($500.00) 
dollars nor more than one thousand ($1,000.00) dollars, or to be im- 
prisoned for not less than six (6) months nor more than twelve (12) 
months. 
1917, XXX, 170. 1921, XXXII, 309. 

(809) § 36. Failure to Make Reports, or Making False Reports, or 
False Entries in Books a Misdemeanor — Penalty. — Any person or persons, 
firm or corporation failing or refusing to make the reports required by 
Section (1002) of the Civil Code, or who shall make false entries in the 
books required by said Section of the Civil Code, or who shall make false 
reports, shall be deemed guilty of a misdemeanor, and, upon conviction 
in any Court of competent juris.diction, shall be fined not less than 
twenty-five ($25.00) dollars nor more than one hundred ($100.00) dol- 



OF SOUTH CAROLINA 241 

lars, or imprisoned for not less than ten (10) days nor more than thirty 
(30) days. 
1917, XXX, 170. 1921, XXXII, 309. 

(810) § 37. Closed Season for Terrapin — Terrapin on Hand at Be- 
ginning of Closed Season to Be Reported — Violation of Section a Mis- 
demeanor — Penalty. — It shall be unlawful for any person or persons, 
firm or corporation to catch, purchase, trap, sell, except as hereinafter 
provided, or have in his possession terrapin between the first day of 
April and the fifteenth day of July in each year. Any person or persons, 
firm or corporation having terrapin in his, her or its possession previous 
to the first day of April in any year, desiring to carry them over and 
retain possession of the same until the succeeding fifteenth day of Sep- 
tember, shall, within ten (10) days after the first of April of each year, 
make a report under oath to the Board of Fisheries of the number of 
terrapin he, she or they have in his, her or their possession for that 
purpose on the first day of April of each year, said report to state loca- 
tion of said terrapin, in what pen said terrapin are kept, so that said 
Board may be able to find said terrapin or pens and ascertain the cor- 
rectness of the report. An}'- person or persons, firm or corporation vio- 
lating the provisions of this Section shall be guilty of a misdemeanor, 
and, upon conviction thereof, shall be subject to a fine of not less than 
twenty-five ($25.00) dollars nor more than two hundred ($200.00) dol- 
lars, or imprisonment for not less than thirty (30) days nor more than 
six (6) months. 

1917, XXX, 170. 1921, XXXII, o09. 

(811) § 38. Unlawful to Catch, Etc., Terrapin Less Than Five 
Inches in Length — Seines — Prima Facie Evidence — Arrest — Penalty. — 

It shall be unlawful to catch, sell, hold in possession any terrapin less 
than five inches in length under the medial line of the bottom of the 
shell, or to use any seine of a smaller mesh than five and three-fourths 
(5%) inches for the purpose of catching terrapin. The having of terrapin 
under five inches in length, or pen for the penning of terrapin, where 
the owner or manager has not taken out license to pen terrapin, as pro- 
vided in the Civil Code, or of a terrapin seine of smaller mesh 
than five and three-fourths (5%) inches, whether the owner or 
manager of said boat has taken out license to gather terrapin or not, 
shall be prima facie evidence of the violation of this Section and the per- 
son charged with the enforcement if this Section shall have the right to 
arrest such person or persons without first serving a warrant and take 
such person or persons to the nearest Magistrate and there swear out 
the proper arrest warrant. Any person or persons, firm or corporation 
violating the provisions of this Section shall be punished by a fine of 
not more than one hundred ($100.00) dollars nor less than twenty-five 
($25.00) dollars, or be imprisoned for not more than thirty (30) days nor 
less than fifteen (15) days. 

1917, XXX, 170. 1921, XXXII, 309. 

(812) § 39. Oysters, Etc., Subject of Larceny. — Oysters or clams 
imbedded, or planted oysters or clams deposited by any person making 

17 L 



242 CRIMINAL CODE 

up a cargo for market and shells planted for the formation of oyster or 
clam beds shall be deemed goods and chattels of which larceny may be 
committed although there be no interval between the severing and the 
taking away. 
1921, XXXII, 309. 

(813) § 40. Unlawful Taking of Certain Oysters Larceny. — Any per- 
son or persons who shall unlawfully gather, remove, take or steal from 
any oyster bed, laying or fishery, any oysters or oyster brood there grow- 
ing, lying or being such oyster bed, laying or fishery being the property 
of another person or persons, or cultivated and used by the proprietors 
thereof for the production, growing and improvement of oysters, and 
being sufficiently marked out, shall be deemed and held guilty of lar- 
ceny, and he, she, or they, his, her or their aiders, helpers, abettors or 
accessories, being thereafter convicted by due course of law, shall be 
punished as in case of larceny. 

1917, XXX, 170. 1921, XXXII, 309. 

(814) § 41. Unlawful Use of Dredge, Etc., for Purpose of Taking, a 
Misdemeanor — Penalty. — If any person or persons who shall unlawfully 
and wilfully use any dredge or net, instrument or engine, whatsoever, 
within the limits of any such oyster beds, laying or fishery, as aforesaid, 
for any purpose of taking oysters or oyster brood, although none be 
actually taken, or shall have any net, instrument or engine drag upon 
the ground or soil of any such oyster bed, laying or fishery, every per- 
son or persons so offending shall be held and deemed guilty of a mis- 
demeanor, and, upon conviction thereof, shall be punished by a fine or 
imprisonment or both, as the Court may award, such fine not to exceed 
one hundred ($100.00) dollars, and such imprisonment not to exceed six 
months. Nothing contained in this Section or Section 45, shall be con- 
strued to prevent any person or persons from catching or fishing for 
anj^ swimming or floating fish with any net, instrument or engine 
adopted for taking swimming or floating fish. 

1917, XXX, 170. 1921, XXXII, 309. 

(815) § 42. Open Season for Catching Short Nose Sturgeon. — It 

shall be lawful for the citizens of this State to catch in the waters of this 
State, and to buy, sell or ship short nose sturgeon {Acipenser hrevirostris Le 
Sueur) between the first day of May and the first day of July in each 
year : Provided, No such short nose sturgeon shall be caught at a distance 
of more than fifteen miles from the mouth of any river emptying into any 
bay, gulf or ocean on the border of this State. Nothing in the provisions 
of this Section shall be held to authorize the catching, buying, selling or 
shipment of the common or caviar sturgeon, or otherwise, called acipenser 
sturio lenaeus. 
1916, XXIX, 779. 

(816) § 43. Penalty for Violation of Provisions of Civil Code as to 
Shad or Sturgeon. — Any person or persons, firm or corporation violating ' 
the Sections in the Civil Code pertaining to shad and sturgeon shall be 
guilty of a misdemeanor, and, upon conviction, shall be fined not less 



OF SOUTH CAROLINA 243 

than ten ($10.00) dollars nor more than one hundred ($100.00) dollars, 
or imprisoned for not less than ten (10) days nor more than thirty (30) 
days. 
1921, XXXII, 309. 

(817) § 44. Use of Purse Nets or Seines in Salt Waters of the State, 
or Manufacture of Fertilizer from Certain Fish So Caught, a Misdemeanor 
— To What Limits Applicable — Penalties. — It shall be unlawful for any 
person, firm or corporation to fish for or catch any mullets, menhaden, 
fatbacks, or any other kind or class of fish within the salt waters of the 
State of South Carolina to the extreme limit of the State's jurisdiction 
in and over such waters in any purse net or purse seines. Any person or 
persons who shall knowingly cook or manufacture for fertilizer any men- 
haden, fatbacks, mullets or fish of like kind and nature caught in any 
purse net or purse seine, at any place within this State shall be guilty 
of a misdemeanor, and for each and every offense shall be fined not less 
than five hundred ($500.00) dollars or imprisoned for one year, or both, 
at the discretion of the Court. For the purpose of this Section the fol- 
lowing boundaries are hereby declared to be the boundaries to which the 
waters of the said State extend, to wit: A distance of three nautical 
miles measured from the outer beach or shores of the State of South 
Carolina, out and into the waters of the Atlantic Ocean; and any por- 
tion of any water within a distance of three miles from said waters to 
the Atlantic Ocean to any beach or shore of said State shall be deemed 
within the waters of said State for the purpose of this Section. Every 
person found fishing for menhaden, fatbacks or mullets within three 
miles of the shore of any county in this State shall be presumed to have 
violated this Section, and all such persons, firm or corporation shall be 
subject to all fines and penalties prescribed in this Section, and they 
may be prosecuted in the Courts of any county in this State, and all per- 
sons aiding and abetting shall be guilty as principals. 

1918, XXX, 885; 1921, XXXII, 309. 

(818) § 45. Unlawful to Gather Turtle Eggs Without License, or 
Molest Turtle on Beach — Violation a Misdemeanor — Penalty. — It shall 
be unlawful for any person or persons, firm or corporation to gather 
turtle eggs for commercial purposes without taking out a license of 
five ($5.00) dollars for each year; license to be purchased from the 
County Treasurer; no person or persons shall molest or injure in any 
way any turtle found on any of the shores of the beaches of this State. 
Any person or persons violating the provisions of this Section shall be 
guilty of a misdemeanor, and, upon conviction thereof, shall be fined not 
less than ten ($10.00) dollars nor more than twenty -five ($25.00) dol- 
lars, or imprisonment for more than thirty days. 

1921, XXXII, 309. 

(819) § 46. Closed Season on Terrapin for Commercial Purposes 
from July 15, 1921, to July 15, 1925. — There shall be a close season on 
terrapin beginning July 15, 1921, and ending July 15, 1925. No person 
or persons, firm or corporation shall catch or gather terrapin for com- 



244 CRIMINAL CODE 

mercial purposes within the above dates : Provided, however, That nothing 
herein contained shall prohibit any person from catching or gathering 
terrapin for personal use. 
1921. XXXII, 309. 



CHAPTER XX. 
Prohibition of Intoxicating Liquors. 

(820) § 1. Sale of Alcoholic Liquors Prohibited. — All alcoholic 

liquors and beverages, whether manufactured within this State or else- 
where, or any mixture by whatsoever name called which if drunk to excess 
will produce intoxication, are hereby declared to be detrimental, and their 
use and consumption to be against the morals, good health and safety of 
the State, and contraband. It shall be unlawful for any person, firm, cor- 
poration or association within this State to manufacture, sell, barter, ex- 
change, receive, accept, give away to induce trade, deliver, store, keep in 
possession in this State, furnish at public places or otherwise dispose of 
any spirituous, malt, vinous, fermented, brewed or other liquors and bev- 
erages, or any compound or mixture thereof which contains alcohol and 
is used as a beverage, and which if drunk to excess will produce intoxica- 
tion, except as hereinafter provided. 
Crim. Code, '12, § 794 ; 1909, XXYI, 60. 

Taking an order for liquors to te shipped into the State and accepting purchase money therefor 
is a sale. State v. Small, 82 S. C. 93. 63 S. E. 4. 

storing and keeping in possession defined. Easley Town Council v. Pegg, 63 S. C. 98, 41 S. E. 
18; State v. Nickels, 65 S C. 175, 43 S. E. 521. 

Conviction for sale in violation of a municipal ordinance. Spartanburg v. Parris, 85 S. C. 227, 
67 S. E. 246. A single sale sufficient. Ridgeland v. Gens, 83 S. C. 562, 65 S. E. 828. 

Sale may be shown on any day prior to finding of indictment, though not alleged therein. State 
V. Green, 61 S. C. 13, 39 S. E. 185. 

Alcoholic liquors kept contrary to this Act are not subject to attachment. For the reasons that 
it would defeat the State's right of forfeiture, and could onlv be made effectual by a sale which this 
Section prohibits. Lanahan v. Bailey, 53 S. C. 489, 31 S. E. 333. 

Keeping liquors for personal use without certificate being attached. State v. Chastain, 49 S. C. 
170, 27 S. E. 2. 

Scott V. Donald, 165 U. S. 107, 41 L. Ed. 648: Scott v. Donald, 165 U. S. 58, 41 L. Ed. 632. 

Act, 26 Stat. 60, constitutional. Jellico v. Commissioners, 83 S. C. 481, 65 S. E. 725. 

Title of Act of 1909, 26 Stat. 60, is broad enough to cover provisions in body against storing and 
keeping in possession, which are germane to purposes declared in title. State v. Fant, 88 S. C. 493. 

Construed to mean it would be misdemeanor to keep in possession liquor which has been unlaw- 
fully obtained or to keep in possession for sale or some unlawful use liquor lawfully obtained, but 
not to forbid keeping in possession for lawful purpose liquor lawfullv obtained. State v. Rookard. 
87 S. C. 442, 69 S. E. 1076. 

Liquor not contraband merely because unlawfully obtained. Citv of Anderson v. Fant, 96 S. C. 
5, 79 S. E. 641. 

As to interstate shipments under former law. Atkinson r. Express Co., 94 S. C. 444, 78 S. E. 516. 

Monumental Brewing Co. v. Whitloek, 111 S. C. 198; 97 S. E. 56. 

Manufacturer need not be complete. State v. Ravan 91 S. C. 265:74 S. E. 500. State 
V. Pollard 120 S. C— 113 S. E. 69. 

(821) § 2. Sales by Wholesale Druggists. — "Wholesale druggists may 
lawfully sell in wholesale quantities to retail druggists and to public or 
charitable hospitals or to medical or pharmaceutical colleges, and in no 
other way, pure alcohol for medical purposes only, or grain alcohol to be 
used by chemists or bacteriologists actually engaged in scientific work and 
for such purposes only, and such wholesale druggist shall, at the end of 
each month in which any such sales have been made, file with the Clerk of 
the Court of the county in which they do business, a statement in writing 
under oath, giving the name of the purchaser, the price paid, the date 
of sale, and the quantity and character of the alcohol sold. If said whole- 
sale druggist making such sale is not a resident of the State of South Car- 



OF SOUTH CAROLINA 245 

olina, then such statement shall be filed in the office of the Clerk of the 
Court of the county in which the purchaser resides. 
Crim. Code, '12, § 795; 1909, XXVI, 60. 

Was not repealed by Act of 1915, XXIX, 140. 

E. M. Matthews Co. v. A. C. L. Ry. Co., 102 S. 0. 494; 86 S. E. 1069. 

(823) § 3. Sales by Retail Druggists. — Any retail druggist whose 
place of business is located in any of the incorporated towns or cities of this 
State, who is himself a registered or licensed pharmacist, or who regularly 
employs a registered or licensed pharmacist, may sell, in the manner herein 
set out, upon filing a bond in the sum of five thousand dollars, to be approved 
by the Clerk of the Court, in which such druggist does business, condi- 
tioned for a faithful observance of the provisions of Sections (821) to 
(830), such bond to be approved by the Clerk of the Court, pure alcohol for 
medical purposes only, grain alcohol to chemists and bacteriologists actually 
engaged in scientific work, and for such purposes only, and wine to be 
used for sacramental or religious purposes only : Provided, That nothing 
herein contained shall prevent such druggists from using alcohol in the 
compounding of prescriptions or other medicines, the sale of which would 
not subject him to the payment of a special tax required of liquor dealers 
by the Government of the United States : Provided, further, That nothing 
herein contained shall prevent such druggists from compounding or selling 
medicinal preparations manufactured in accordance with formulas pre- 
scribed by the United States Pharmacopoeia and National Formulary 
which contain no. more alcohol than is necessary to extract the medicinal 
properties of the drugs contained in such preparations, and no more alcohol 
than is necessary to hold the medicinal agents in solution, and which are 
manufactured and sold as medicine, and not as a beverage. 

Crim. Code, '12, § 796; 1909, XXVI, 60. 

(824) § 4. Sales Upon Physicians' Prescriptions. — ^No sale of pure 
alcohol, for medicinal purposes, shall be made by any retail druggist, except 
upon the prescription of a regular practicing physician of this State, who, 
before writing such prescriptions, shall make an actual examination of the 
person for whom the prescription is issued, and the said prescription shall 

be substantially in the following form : ' ' State of South Carolina 

County. To Druggist. I, , a regular licensed 

and practicing physician under the laws of this State, do hereby certify 

that I have examined , a patient in my charge, and I do hereby 

prescribe for the use of said patient alcohol, and I further 

certify, that the use of such alcohol is, in my judgment, absolutely nec- 
essary to alleviate or cure the illness or disease from which said patient is 
now suffering, and that I am not interested in the drug store to which this 
prescription is directed, nor in the profits on the drugs herein prescribed. 
Dated M. D." 

Crim. Code, '12, § 797; 1909, XXVI, 60. 

(825) § 5. When and How Prescriptions May Be Filled. No pre- 
scription shall be filled herein except upon the day upon which it is issued 
or the following day, and no more than one-half pint of alcohol shall be 
sold and delivered on any one prescription, and when such prescription 



246 CRIMINAL CODE 

is filled, it shall not be refilled, but shall be delivered to the druggist filling 
the same, and at the end of the month in which the same is filled, it shall be 
filed by such druggist in the office of the Clerk of Court of the county in 
which said druggist is engaged in business : Provided, No druggist, who is 
also a practicing physician, shall fill his own prescriptions hereunder, nor 
shall they be filled at any drug store in which the said physician is finan- 
Qially interested: Provided, further, That the delivery of such alcohol 
sold under such prescription shall be made only directly to the person for 
whom such prescription is issued or to the physician, or to some one au- 
thorized by the physician, or in case of a minor to his parent or guardian 
or physician or some one authorized by said physician. 
Crim. Code, '12, § 798; 1909, XXVI, 60. 

When druggist innocently fills prescription for three pints of liquor by delivering it on three 
several days, one pint each day, does not violate the law. State v. May, 33 S. C. 39, 11 S. E. 440. 

The penalty for violating former statute forbidding physician to give a prescription for intoxi- 
cating liquors to a person not a hona fide patient applied alike to towns where sales of liquor had 
been prohibited by special statute and by local option laws. State v. Atkinson, 33 S. C. 100, 11 
S. E. 693. 

The offenses under former statutes of selling liquor by druggists without a physician's prescription, 
and the offense by physicians of giving prescriptions for liquor except to hona fide patients, were 
held separate and distinct offenses although the statute provided in one section for a fine, etc., for 
violating these sections. State v. Atkinson, 33 S. C. 100, 11 S. E. 693. 

Evidence of the number of prescriptions issued by defendant within a given time, to be filled at 
the same drug store, is relevant to the issue of defendant's good faith in making them. lb. 

(826) § 6. Sales of Alcohol for Use in Arts or Scientific and Mechan- 
ical Purposes. — Any retail druggist whose place of business is located 
in any of the incorporated towns or cities of the State may lawfully sell 
alcohol in quantities not greater than five (5) gallons to be used in the 
arts or for scientific or mechanical purposes, and such druggist may sell, 
in like quantities, to chemists and bacteriologists engaged in scientific work, 
and for such purposes only, and such druggists may sell in quantities, not 
greater than one-half gallon, wine used for sacramental or religious pur- 
poses only. 

Crim. Code, '12, § 799 ; 1909, XXVI, 60. ' 

(827) § 7. Statement by Purchaser. — Any person desiring to pur- 
chase alcohol for the purposes set out in Section (826) shall sign a written 
printed statement, giving his name, residence, occupation and the purpose 
for which he intends to use said alcohol, and he shall certify that said 
alcohol is purchased in good faith for such purpose and no other, and that 
said druggist shall, at the end of each month, file with the Clerk of Court 
of the county in which he is engaged in business, all such statements, with 
a certificate under oath, that said statements contain a true statement of 
all such sales. 

Crim. Code, '12, § 800; 1909, XXVI, 60. 

(828) § 8. Wine for Sacramental Purposes. — It shall be unlawful 
to sell wine for sacramental purposes except to a minister, pastor, priest, 
or regularly constituted officer of a regularly organized religious con- 
gregation or church. Any person, desiring to make such purchase, shall 
sign a written or printed statement, giving his name and residence and the 
name and location of the church for which such wine is purchased, and 
he shall certify that said wine is purchased in good faith, to be used for 
sacramental or religious purposes, and no other. Such statement shall be 



OF SOUTH CAROLINA 247 

filed, as provided for in the next preceding Section, in the office of the 
Clerk of the Court. 

Crim. Code, '12, § 801 ; 1909, XXVI, 60. 

(829) § 9. Prescriptions to Be Recorded.— All statements or pre- 
scriptions required by Sections (821) to (830), inclusive, to be filed in the 
office of the Clerk of the Court, shall be recorded and properly indexed by 
him in a book kept for that purpose, which shall at all times be opened 
for public inspection, and a certified copy of such record, or the original 
statement or prescription, with the certificate of the Clerk of the Court 
indorsed thereon, showing that it has been recorded, shall be prima facie 
evidence of the facts recited therein. For making such record, the Clerk of 
the Court shall be entitled to charge and collect for each prescription, a 
fee of five cents, and for each statement, other than prescription, a fee of 
fifteen cents, which shall be paid by the party filing the same. ' 

Crim. Code, '12, § 802; 1909, XXYI, 60. 

(830) § 10. Druggists to Keep a Record of Sales. — In addition to the 
requirements hereinbefore prescribed, all licensed and registered druggists 
selling alcohol by prescription shall keep a record thereof, which shall 
bear the true dates of the sales, the names of the persons to whom 
sales were made, the names of physicians or surgeons upon whose 
prescriptions each were made; such records shall be subject at all 
times to the inspection of the Solicitor of the district, the Sheriff 
and other peace officers of the county, the Mayor and police officers of 
the city or town in which said licensed and registered pharmacist's business 
is located, and all other persons, and each druggist making any such sales 
shall be required to report, under oath, to the Circuit Judge presiding at 
each term of Court of the county in which said druggist is engaged^ in 
business, a true statement of such facts, and also file on Monday morning 
of each week a list of the alcohol sold by him, to whom sold and by what 
physician prescribed, with the Chief of Police and the Mayor or Intendant 
of municipality, and post one copy in some public place in such mu- 
nicipality. 

Crim. Code, '12, § 803 ; 1909, XXVI, 60. 

(831) § 11. Manufacture and Sale of Wood, Denatured Ethyl and 
Methyl Alcohol.— Nothing in this Chapter, inclusive, shall prevent the 
sale of wood or denatured alcohol. Any person, firm or corporation may 
manufacture ethyl and methyl alcohol from sawdust, slabs or any other 
wood substance, or from molasses. 

Crim. Code, '12, § 804 ; 1909, XXVI, 64 ; 1910, XXVI, 570 ; 1918, XXX, 780. 

(832) § 12. Ethyl Alcohol Not to Be Sold in This State Unless De- 
natured. — Any person, firm or corporation engaged in the manufacture 
of ethyl alcohol, as provided in Section (831) shall not sell the same in this 
State unless denatured, but may ship the same undenatured to any place 
without the State for use in manufacturing purposes, and in the sciences 
and arts: Provided, No alcohol manufactured under the provisions of 



248 CRIMINAL CODE 

Sections (831) to (836), inclusive, shall ever be used either within or with- 
out this State as a beverage or for medicinal purposes. 
Grim. Code, '12, § 805; 1910, XXVI, 570. 

(833) § 13. Shipment and Storage of Ethyl Alcohol in Warehouses. 

— Ethyl alcohol, manufactured under the provisions of Sections (831) to 
(836), inclusive, shall not be shipped to any point within this State unless 
denatured, and may be shipped to points without this State only in the 
manner hereinafter provided. Such alcohol may be carried from such 
warehouse as may be authorized under the provisions of said Sections, and 
delivered to a common carrier and forthwith shipped to its destination 
without this State. Such alcohol -aiaj also be transported to another bonded 
warehouse without this State, when such shipment is made under bond, 
as required by the United States revenue laws. 
Grim. Gode, '12, § S06; 1910, XXVI, 570. 

(834) § 14. Record of Shipments of Alcohol. — A record shall be 
kept, which shall show the quantity of alcohol manufactured and the quan- 
tity transported or shipped, to whom and where shipped, and such record 
shall be subject to the inspection of any attorney representing the State of 
South Carolina. 

Grim. Gode, '12, § 807; 1910, XXVI, 570 

(835) § 15. Storing of Alcohol in Warehouses. — All persons, firms 
and corporations manufacturing any alcohol under the provisions of Sec- 
tions (831) to (836), inclusive, shall, while such alcohol remains in this 
State, store and keep the same in general United States bonded warehouses, 
or in other warehouse or warehouses, and file with the Secretary of State 
a declaration setting forth the exact location, description and dimension 
of each and every such warehouse used, and to be used for such pur- 
pose, and it shall be unlawful to store or keep any alcohol manufactured 
under the provisions of said Sections in any other place or places than 
such as may be described in the declaration above provided for. 

Grim. Gode, '12, § SOS ; 1910, XXVI, 570. 

(836) § 16. Penalties and Remedies for Violation of Sections (831) 
to (836). — If any person, firm or corporation manufacturing alcohol 
under the provisions of Sections (831) to (836), inclusive, shall sell or 
consent to be used as a beverage, either within or without this State, any 
ethyl alcohol so manufactured, or shall violate the provisions of said Sec- 
tions in any respect, they, or it, shall forfeit to the State of South Carolina 
all property within this State connected with and incident to the manufac- 
ture of such alcohol. It shall be the duty of the Attorney General and of 
Solicitors to institute an action in any Court of competent jurisdiction in 
any county in this State, which the Attorney General or Solicitor may 
select, for determining whether the provisions of said Sections have been 
violated, and whether the property has been thereby forfeited to the State : 
Provided, further, That any person, firm or corporation engaging in the 
manufacture of alcohol under the provisions of said Sections, shall enter 
into a bond to the State of South Carolina, in the sum of ten thousand 



OF SOUTH CAROLINA 249 

dollars, with surety, to be approved by the Governor, conditioned for the 
faithful observance and compliance with all the provisions of said Sec- 
tions. And it shall be the duty of the Attorney General and the Circuit 
Solicitors, whenever any provision of said Sections is violated, to sue in 
any county in this State for the penalty of such bond for the benefit of 
the State : Provided, further, It shall be prima facie evidence of the vio- 
lation of the provisions of said Sections if any ethyl alcohol, so manufac- . 
tured and not denatured, shall be found within this State, and not in 
the custody of a United States revenue officer, or not in course of shipment 
to some point in another State : Provided, further. That a reasonable time 
shall be allowed for conveying the alcohol directly from a warehouse to a 
common interstate carrier. 

Grim. Code, '12, § 809; 1910, XXVI, 570. 

(837) § 17. Disposition of Forfeited Property. — Any and all prop- 
erty forfeited under the provisions of Sections (831) to (836), inclusive, 
shall be delivered to the Sinking Fund Commission. 

Grim. Code, '12, § 810; 1910, XXVI, 570. 

(838) § 18. Violators of Liquor Laws to Be Imprisoned at Hard 
Labor — Provisos. — Any person who violates any of the provisions of 
any law of this State prohibiting, relating to or regulating the sale of 
intoxicating liquors, shall be guilty of a misdemeanor and upon conviction 
thereof, shall be imprisoned at hard labor for not less than six months, nor 
more than two years, and for any subsequent offense, upon conviction, shall 
be imprisoned for a term of not less than a year nor more than five years : 
Provided, That any Circuit Judge may, in his discretion, suspend all of 
such imprisonment except thirty days for the first offense and sixty days 
for subsequent offenses upon such terms and conditions as he may see fit to 
impose, but in each and every case any person convicted of the violation 
of any of said laws shall be required to serve at least thirty days for the 
first offense and sixty days for any subsequent offense of the sentence im- 
posed upon him: Provided, That the provisions of this Section shall not 
apply to cases pending on or to offenses committed prior to February 19, 
1916. 

Grim. Code, '12, § 811 ; 1909, XXVI, 64 ; 1916, XXIX, 704. 

(839) § 19. License of Druggist to Be Revoked for Violation. — Any 

druggist or physician who violates in any way the provisions of Sections 
(820) to (830), inclusive, shall, in addition to the punishment herein 
provided, have their license revoked for a period of not more than one year 
for each offense. 

Crim. Code, '12, § 812; 1909, XXVI, 64. 

(840) § 20. Not to Affect Punishment Under Former Law. — Nothing 
in this Code shall have the effect of preventing the indictment, prose- 
cution and conviction of any person who has been guilty of the violation 
of the criminal law relating to the dispensing or sales of intoxicating 
liquors, or punishment therefor, as provided by law existing either at, or 



250 CRIMINAL CODE 

prior to, the time of the adoption of this Code, for offenses heretofore com- 
mitted. 

Crim. Code, '12, § 813; 1909, XXVI, 64. 

(841) § 21. Liquors on Arrival in the State to Be Subject to Its 
Laws. — All fermented, distilled or other liquors, or liquids containing 
alcohol, transported into this State, or remaining herein for use, sale, con- 
sumption, storage, or other disposition, shall, upon introduction and arrival 
in this State, be subject to the operation and effect of this law to the same 
extent and in the same manner as though such liquors or liquids had been 
produced in this State. 

Crim. Code, '12, § 814; Crim. Code, '02, § 588; 1901, XXIII, 706. 

(842) § 22. Unlawful Soliciting Sales a Misdemeanor. — Any person 
who shall in this State offer for sale, or solicit the purchase of, any of the 
liquors or beverages mentioned in Sections (820) and (840), other than 
for personal use, whether for present or future delivery, shall be deemed 
guilty of a misdemeanor, and, upon conviction in a Court of competent 
jurisdiction, shall be punished by a fine of not less than one hundred, dol- 
lars, or imprisonment for not less than three months. 

Crim. Code, '12, § 815 ; 1909, XXI, 60. 

(843) § 23. Soliciting Orders for Liq\ior a Misdemeanor. — Each and 
every person, whether acting for himself or as an agent for any person, 
firm or corporation, who shall conduct the business of liquor drummer, 
soliciting or receiving orders for interstate shipment within any county 
within this State, except as now authorized by law, of any spirituous, malt, 
vinous, fermented, brewed, whether lager or rice beer, or other liquors or 
beverages or any compound or mixture thereof which contains alcohol and 
is used as a beverage, shall be guilty of a misdemeanor, and, on conviction, 
fined in a sum not exceeding one thousand dollars or imprisoned not 
exceeding six months, or both fine and imprisonment, in the discretion 
of the Court. 

Crim. Code, '12, § 816; 1909, XXVI, 93. 

(844) § 24. Unlawful Sale, Etc., of Alcoholic Liquors a Common 
Nuisance.— The unlawful sale, barter, exchange, storage and keeping in 
possession in this State of any spirituous, malt, vinous, fermented, brewed 
(whether lager or rice beer), or other liquors and beverages, or any com- 
pound or mixture thereof which contains alcohol and is used as beverage, 
is hereby declared a common nuisance, 

Crim. Code, '12, § 817; Crim. Code, '02, § 555; 1893, XXI, 430; 1894, XXI, 731; 
1896, XXI, 123; 1897, XXII, 532; 1910, XXVI, 572. 

(845) § 25. Resorts for Drinking Declared Nuisances. — All places 
where persons are permitted to resort for the purpose of drinking alcoholic 
liquors or beverages are hereby declared nuisances, and the keeper or man- 
ager of such places, upon conviction, shall be punished as provided in 
Section (838). 

Crim. Code, '12. § 818; 1907, XXV, 473. 



OF SOUTH CAROLINA 251 

(846) § 26. Proceedings Against Nuisances — Restraining Order — 
Contempt — Solicitor and Attorney General. — Any person may go before 
any Magistrate in the county and swear out an arrest warrant on personal 
knowledge or on information and belief, charging said nuisance, giving 
the names of witnesses against the keeper or manager of such place, and 
his aids and assistants, if any, and such Magistrate shall direct such arrest 
warrant either to the Sheriff of the county or to any special Constable, 
commanding said defendant to be arrested and brought before him to 
be dealt with according to law, and shall issue a search warrant in which 
the premises in question shall be particularly described, commanding such 
Sheriff or Constable to thoroughly search the premises in question and 
to seize all alcoholic liquors found thereon, and dispose of them as pro- 
vided in Section (851), and to seize all vessels, bar fixtures, screens, bot- 
tles, glasses and appurtenances apparently used or suitable for use in 
retaining liquors, to make a complete inventory thereof, and to deposit 
the same with the Sheriff. Under the arrest warrant the defendant shall 
be arrested and brought before such Magistrate, and the case shall be dis- 
posed of as in case of other crimes, except that when he commits or binds 
over the parties for trial to the next term of Court of General Sessions for 
the county, he shall make out every paper in the case in duplicate and 
file one with the Clerk of the Court for the county, and immediately trans- 
mit the other to the Solicitor of the Circuit, whereupon the said Solicitor 
shall at once apply to any Circuit Judge at chambers within that Circuit, 
or to the nearest Circuit Judge if there be none in that Circuit, for an 
order or injunction restraining the defendants, their servants or agents, 
from keeping, receiving, bartering, selling or giving away any alcoholic 
liquors until the further order of the Court, or perpetually after hearing 
after notice to the defendant. Such Circuit Judge is hereby authorized, 
empowered and required to grant the said restraining order or injunction, 
without requiring a bond or undertaking upon the hearing or receipt by 
him of said papers from the Court of the said Magistrate by the hands of 
the Solicitor, and any violation of said restraining order or injunction shall 
be deemed a contempt of Court and punished as such by said Judge or Court 
or any other Circuit Judge, as for the violation of an order of injunction. 
Liquors seized as hereinbefore provided, and the vessels containing them, 
shall not be taken from the custody of the officers in possession of the 
same by any writ of replevin or other process, except as provided in Section 
(851). No suit shall lie for damages alleged to arise by seizure and deten- 
tion of liquors under this Chapter. Any person violating the terms of any 
restraining order granted in such proceedings shall be punished for con- 
tempt by a fine of not less than two hundred dollars nor more than one 
thousand dollars, and by imprisonment not less than ninety days nor more 
than one year. In- contempt proceedings arising out of the violation of 
any injunction granted under the provisions of this Chapter, the Court, or, 
in vacation, any Judge thereof, shall have power to try summarily and 
punish the party or parties guilty as required by law. The affidavits upon 
which the attachment for contempt issues shall make a prima facie case 
for the State. At the hearing upon the charge for contempt, evidence may 
be oral or in the form of affidavits, or both. The defendant shall not 



252 CEIMINAL CODE 

necessarily be discharged upon Ms denial of the fact stated in the moving 
papers. The Clerk of Court shall, upon the application of either party, 
issue subpoenaes for witnesses, and, except as above set forth, the practice 
in such contempt proceedings shall conform as nearly as may to the practice 
in the Court of Common Pleas. When any Solicitor neglects or refuses 
to perform any duty, or to take any steps required of him by any provi- 
sions of this Section, or by any of the provisions of this Chapter, the 
Attorney General, on his own motion, or by request of the Governor, shall, 
in person, or by his assistant, proceed to the locality and perform such 
neglected duty, and take such steps as are necessary in the place of such 
Solicitor, and at his discretion to cause a prosecution to be instituted, not 
only in the matter so neglected, but also a prosecution against the Solicitor 
for malfeasance or misfeasance in office, or for official misconduct, or for 
other charges justified by facts, and to pursue the prosecution to the extent 
of a conviction and dismissal from office of any such Solicitor. And in 
such event the Attorney General shall be, and is hereby authorized and 
empowered to appoint one or more additional assistants, who shall each 
have while actually employed the same compensation, to be paid from the 
litigation fund of the Attorney General. Any duty herein imposed upon 
a Solicitor may be performed with equal force and effect by the Attorney 
General or other person authorized by him to perform such duty, 
Crim. Code, '12, § 819; Crim. Code, '02, § 578. 

Injunction proceedings reported in Lvon v. New Charleston Hotel Co., 80 S. C. 130, 61 S. E. 
207; Lyon v. Chiceo, 82 S. C. 122, 63 S. E. 306: Lvon v. Union Social Club, 82 S. C. 142, 63 S. 
E. 545; LTon v. Citv Club. 83 S. C. 514. 65 S. E 730; Lvon v. Argvle Hotel Co., 80 S. C. 119, 61 
S. E. 209; Ltou v. Carroll, 80 S. C. 117, 61 S. E. 209; Lyon v. Charleston Turnverein Societr, 80 
S. C. 116, 61 S. E. 209; Lvon v. German Rifle Club, 80 S. C. 126, 61 S. E. 208; Lyon v. Palmetto 
Brewing Co., 80 S. C. 114, 61 S. E. 209; Lvon v. Schiaderessi, 80 S. C. 115, 61 S. E. 210; Lyon 
V. Riddock, 78 S. C. 286, 58 S. E. 803; 80 S. C. 118, 61 S. E. 210. 

The proceedings are on the equity side of the Court. State v. Weil, 83 S. C. 478, 65 S. E. 634, 
26 L. R. A., N. S., 461n. 

The provision that no suit lies against ofEcer is without etiFfci -where the seizure was illegal. Smith 
V. Lafar, 67 S. C. 497, 46 S. E. 3"32. 

(847) § 27. Persons Maintaining Club Rooms for Unlawful Use of 
Liquor Guilty of Misdemeanor. — Every person who shall, directly or in- 
directly^, keep or maintain by himself, or by associating or combining with 
others, or who shall in any manner aid, assist or abet in keeping or main- 
taining any club room, or other place in which any alcoholic liquors or 
beverages are received or kept for unlawful use, barter or sale as a bev- 
erage, or for distribution or division among the members of any club or 
association by any means whatever, and every person who shall receive, 
barter, sell, assist- or abet another in receiving, bartering or selling, any 
alcoholic liquors or beverages so received or kept, shall be deemed guilty 
of a misdemeanor, and, upon conviction thereof, shall be punished by a 
fine of not less than one hundred dollars nor more than five hundred 
dollarSj or by imprisonment for a term of not less than three months nor 
more than twelve months. 

Crim. Code, '12, § 820; 1007, XXV, 473. 

(848) § 28. Penalty for Handling- Liquor in the Nighttime. — Any 

person handling contraband liquor in the nighttime, or delivering the same, 
shall be guilty of a misdemeanor, and, on conviction, shall be punished by 
imprisonment for not less than three months nor more than twelve months, 



OF SOUTH CAROLINA 253 

or by a fine of not less than one hundred dollars nor more than five hun- 
dred dollars. 

Crim. Code, '12, § S22 ; 1907, XXV, 472. 

(849) § 29. Transportation or Possession of Falsely Branded Pack- 
ages. — The carriage, transportation, possession, removal, sale, delivery 
or acceptance of any of the said liquors or liquids in any package, cask, 
jug, box or other package, under any other than the proper name or brand 
known to the trade as designating the kind and quality of the contents of 
the casks, packages or boxes containing the same, or the causing of such 
carriage, transportation, possession, removal, sale, delivery or acceptance, 
shall work the forfeiture of said liquors or liquids and casks or packages, 
and the person or persons so offending, knowingly, be subject to pay a fine 
of not less than one hundred dollars nor more than five hundred dollars, 
or imprisonment for the term of not less than six months, nor more than 
one year, and the wrongful name, mark, address, stamp or style on such 
liquor when seized shall be considered evidence prima facie of guilt. The 
books and waybills of the common carrier may be examined to trace said 
liquor to the shipper, who shall be liable, upon conviction, in like penalty, 

Crim. Code, '12, § 826; Crim. Code, '02, § 584; 1896, XXII, 127; 1897, XXII, 520; 
1898, XXII, 805; 1901, XXIII, 706. 

(850) § 30. Powers of Constables to Detain Suspicious Packages. — 

All Constables, Deputy Constables, Sheriffs, Magistrates or Municipal Po- 
licemen shall have the right, power and authority, and it shall be their 
duty, whenever they are informed or suspect that any such suspicious pack- 
age in possession of a common carrier contains alcoholic liquors or liquids, 
to detain the same for examination for the term of twenty-four hours with- 
out any warrant or process whatever. 

Crim. Code, '12, § 827 ; Crim. Code, '02, § 585 ; 1896, XXII, 127 ; 1897, XXII, 520 ; 
1898, XXII, 805; 1901, XXIII, 706. 

(851) § 31. Unlawful Liquors May Be Seized — Limitations on Ac- 
tions Therefor. — All alcoholic liquors in possession of any person for 
unlawful use shall be seized without warrant, and if no action to recover 
same is begun within thirty days from such seizure, or if such action be 
begun and the judgment of the Court be adverse to the plaintiff, then such 
liquors shall be destroyed publicly by the Sheriff of the county. 

Crim. Code, '12, § 828 ; 1907, XXV, 472. 

(852) § 32. Possession of Illicit Liquor Prohibited— Debt for Void. 

— The possession of said illicit liquors is hereby prohibited and declared un- 
lawful, and any obligation, note of indebtedness, contracted in their sale 
or transportation, is declared to be absolutely null and void, nor shall any 
action or suit for the recovery of the same be entertained in any Court 
in this State. 

Crim. Code, '12, § 829; Crim. Code, '02, § 582; 1896, XXII, 127; 1897, XXII, 520; 
1898, XXII, 805 ; 1901, XXIII, 705. 

(853) § 33. How Search Warrants May Be Issued. — Upon affidavit, 
which may be on information and belief, to the effect that contraband liquor 



254 CRIMINAL CODE 

is being iinlawfully concealed, kept or stored in any place, a search, war- 
rant may be issued by any Magistrate of the county, empowering any 
officer or person who may be deputized, to enter the said place by day 
or night and to search the said premises for the purpose of seizing the said 
contraband liquors therein concealed, kept or stored, which said liquor, 
when so seized, shall be disposed of as hereinbefore provided for the dis- 
position of unlawful liquors : Provided, That no dwelling house shall be 
searched in the nighttime, 

Crim. Code, '12, § 830 ; 1907, XXV, 472. 

(854) § 34. Persons Violating Law May Be Arrested Without War- 
rant. — Any person detected in the act of violating any of the provisions 
of this Chapter shall be liable to arrest without warrant : Provided, A 
warrant shall be procured within a reasonable time thereafter. 

Crim. Code, '12, § 831 ; Crim. Code, '02, § .590 ; 1896, XXII, 127 ; 1897, XXII, 526 ; 
1898, XXII, 805; 1901, XXIII, 705. 

(855) § 35. Penalty for Rescuing Liquors From Officer. — Every 
person who dispossesses or rescues from a Constable or other officer, or at- 
tempts so to do, any alcoholic liquors or beverages taken or detained by 
such officer charged with the enforcement of this law shall, upon convic- 
tion, be punished by imprisonment not less than three months nor more 
than twelve months, or by a fine of not less than one hundred dollars nor 
more than five hundred dollars. 

Crim. Code, '12, § 882; Crim. Code, '02, § 592; 1896, XXII, 127; 1897, XXII, 805; 
1901, XXIII, 705. 

(856) § 36. Interference With Officers Forbidden. — Any interference 
by any person with, obstruction or resistance of, or abusive language to, 
any officer or person in the discharge of the duties herein enjoined, or the 
use of abusive language by any such officer or person to any other person 
or persons, shall be deemed a misdemeanor, and the person or persons so 
offending shall, upon conviction, be punished by a fine of not less than 
one hundred dollars nor more than five hundred dollars, or imprisonment 
for a term of not less than three months nor more than twelve months. 

Crim. Code, '12, § 833; Crim. Code, '02, § 586; 1896, XXII, 127; 1897, XXII, 526; 
1898, XXII, 805; 1901, XXIII, 705. 

(857) § 37. Affidavits May Be on Information and Belief.— When- 
ever in this Chapter it isprovided that process shall issue upon an affidavit 
based on information and belief, the affidavit shall contain a statement 
setting forth the sources of information, the facts and grounds of belief 
upon which the affiant bases his belief: Provided, That it shall not be 
necessary to set forth the sources of information, the facts and grounds of 
belief in the affidavit upon which a waiTant of arrest shall issue, but it 
shall only be necessary in cases of search warrants. 

Crim. Code, '12, § 836; Crim. Code, '02, § 599; 1896, XXII, 127; 1897, XXII. .526; 
1898, XXII, 805; 1901, XXIII, 705. 

(858) § 38. Punishment for Violations of Law in Cases Not Specifi- 
cally Prescribed. — Upon conviction of any person for the violation of 
any provisions of this Chapter, where punishment is not provided for, 



OF SOUTH CAROLINA 255 

such person shall be fined, or imprisoned at hard labor, in the discre- 
tion of the Court : Provided, The fine shall not be less than one hun- 
dred dollars, and the imprisonment not less than three months. 
Crim. Code, '12, § 839 ; 1907, XXV, 472. 

State V. Tooley. 107 S. C. 408, 93 S. E. 132. 

(859) § 39. Officers Neglecting Duty. — Any Constable, Deputy Con- 
stable, Sheriff or Magistrate, who shall neglect or refuse to perform the 
duties required by this Chapter, shall be subject to suspension by the 
Governor. 

Crim. Code, '12, § 841; Crim. Code, '02, § 585. 

(860) § 40. Receipt, Delivery, Storing, Keeping, Possession, Ship- 
ment or Transportation of Alcoholic Liquors in State Unlawful Except 
as Herein Provided. — It shall be unlawful for any person, firm, corpor- 
ation or company to receive, store, keep or have in possession, or to ship, 
transport or convey any alcoholic liquors from any point without the 
State into this State, or from one point to another in this State, or to 
deliver the same to any person, firm, corporation or company within this 
State, except as hereinafter provided. 

1917, XXX, 69. 

State V. Hewitt, 109 S. C. 87, 95 S. E. 248. 

(861) § 41. Who May Receive Liquor — Amount Not to Exceed 
One Quart a Month and to Be for Medicinal Purposes — Gallon of Wine 
for Religious Purposes. — Any natural person over the age of twenty- 
one years, except as hereinafter forbidden, may order and receive or 
transport in his personal baggage from any point without this State not 
exceeding one quart of alcoholic liquors containing not more than 50 
per centum by volume of alcohol within any one calendar month, for 
medicinal purposes for his or her own use, or the use of his or her im- 
mediate family, and not more than one gallon of wine for religious pur- 
poses. 

1917, XXX, 69. 

(862) § 42. Deliveries in Nighttime Unlawful. — It shall be unlawful 
for any common carrier to deliver or any person to receive any package 
containing such liquors in the nighttime, which may be construed to mean 
from sunset to sunrise. 

1917, XXX, 69. 

(863) § 43. Record of Delivery to Be Kept^-Form— To Be Preserved 
for Two Years. — It shall be the duty of the common carrier to keep a 
true and correct record of all alcoholic liquors transported and delivered 
by them to any person or persons, and to file with the Clerk of Court of 
the county in which such liquors are delivered, at least once a week, a 
verified statement, either printed, plainly written or typewritten, in 
duplicate, clearly stating what liquors we:re delivered by it since its last 
statement, the date on which the said alcoholic liquors were delivered, the 
name and postoffice address of the consignee, the place of delivery and 
the kind and amount of alcoholic liquors delivered, and the canceled 



256 CKIMIXAL CODE 

permits upon "vrMch said deliveries were made. Said report and per- 
mits shall be kept in condition for convenient reference for tvro years 
and then destroyed. 
1917, XXX, 69. 

(864) § 44. Inspection of Records. — Such common carrier shall per- 
mit any person to inspect and examine from time to time said records, 
kept as required in the preceding paragraph, as and when they make 
reasonable requests therefor, and any person shall have a right at any 
time to examine and inspect the reports filed by such common carrier in the 
office of the Clerk of Court or other officer, as herein iDrovided. 

1917, XXX, 69. 

(865) § 45. Officers May Inspect or Seize Shipments. — Any peace 

officer shall have the right at any time to inspect all packages of alco- 
holic liquors in the possession of any common carrier in this State, and 
seize such as are being transported for unlawful sale or in violation of 
law. 

1917, XXX, 69. 

(866) § 46. Packages to Be Marked — Exceptions. — It shall be un- 
lawful for any person or any common carrier, servant, agent or employee 
thereof, to knowingly ship or transport from without this State into 
this State, or from any one point or place in this State, any trunk, valise 
or package of any kind containing any alcoholic liquors, unless the true 
nature and character of the contents of such package is clearly and 
legibly marked on the outside thereof in letters at least one inch 
high. This provision shall not apply to one quart or less of such liquors 
in the baggage of a passenger and carried for his personal use or that 
of his immediate family, or for sacramental purposes. 

1917, XXX, 69. 

(867) § 47. Where Offense Committed. — In prosecution under Sec- 
tions (860) to (885) for unlawful shipment or transportation of alco- 
holic liquors, the offense shall be held to be committed in any county of 
the State through which or into which said alcoholic liquors have been 
carried or transported, or to which they have been conveyed or delivered. 

1917, XXX. 69. 

(868) § 48. Shipments to Be Received Only at Office of Carrier. — No 

person shall receive any alcoholic liquors shipped to him within the State 
except at the office of the common carrier transporting the same nearest 
the residence of the consignee. 
1917, XXX, 69. 

(869) § 49. Affidavit and Application for Importation — Issue of Per- 
mits — Fee — Record. — Any person desiring to import any alcoholic 
liquors under this Chapter shall apply to the Judge of Probate of the 
county in which he resides and file with him an affidavit that he has 
not received any like permit during the same calendar month, and con- 
taining one of the following statements: (a) The amount and kind of 



OF SOUTH CAKOLINA 257 

alcoholic liquors desired, not exceeding one quart; that the consignee 
is not a minor nor a student of any institution of learning, and if a 
woman, that she is the head of a family; the office of the common car- 
rier from which delivery is desired, and that same is the nearest office of 
said common carrier to the residence of the applicant, and that the same is 
desired for medicinal purpose; or (b) Applicant is a minister, pastor, 
priest, rabbi or regularly constitute;d officer of a regularly organized 
religious congregation or church, and the name and location of the 
church or congregation for which the same is desired, and that the same 
is purchased in good faith to be used for sacramental or religious pur- 
poses, and no other, the amount and kind of alcoholic liquors, not exceed- 
ing one gallon of wine; or (c) That the applicant is the head of a family of 
the Hebrew faith, is not a minor, the amount and kind of alcoholic 
liquors desired, not exceeding one gallon of wine, and that the same is 
desired for religious purposes for use during Passover. This application 
shall only be filed during the month of March of any year. 

Upon the receipt of such affidavit and the payment of a fee of ten 
cents the said Probate Judge shall issue a permit under his hand and 
official seal to receive the alcoholic liquors specified, which permit shall 
contain the name of the consignee, the amount and kind of alcoholic 
liquors and the office of the common carrier from which delivery is to 
be made. The said Probate Judge shall keep a record of all permits in 
a permanently bound book, in which the names of the applicants are en- 
tered alphabetically, and said permits shall be numbered consecutively 
and the number, the name of the consignee, the amount of alcoholic 
liquors, and the office of the delivering carrier and date of said permit 
shall be entered on said record. The said Probate Judge shall, out of 
the fees received, procure the permits and records, herein required to be 
kept, and shall keep the remainder as his compensation for the issuance 
of the said permit: Provided, That in no case shall the Probate Judge 
issue such permit unless he is satisfied of the truth of each statement 
contained in the affidavit herein required, nor shall such permit be issued 
by other than the Probate Judge personally, or by his regularly con- 
stituted Clerk, and within the precincts of his office. Any violation of 
the provision of this Chapter by the Probate Judge shall subject him to 
prosecution and penalties as for malfeasance or misfeasance in office: 
Provided, further, That the charge for issuing such permit and taking 
the affidavit required to obtain the same shall not exceed ten cents, and 
no charge in addition to this amount shall be made by the Judge of 
Probate or any Clerk or assistant for taking the affidavit required for 
such permit, nor shall any officer be designated by the Judge of Pro- 
bate to take such affidavit. 

1917, XXX, 69 ; 1918, XXX, 782. 

Bradford v. Richardson, Probate Judge, HI S. C. 205, 97 S. E. 58. 

(870) § 50. No Delivery Without Permit. — No common carrier shall 
deliver any alcoholic liquors to any person until he has filed with the 
delivering carrier a permit issued as above provided and dated within 
two weeks of said delivery, which permit shall be immediately can- 
celed by said common carrier. 
1917; XXX, 69. 

18 C L 



258 CRi:^riNAL CODE 

(871) § 51. False Permits Constitute Forgery — Tlie making, utter- 
ing or using of any false permit shall constitute the crime of forgery. 

1917, XXX, 69. 

(872) § 52. Punishment for Illegal Transportation. — "VThoever shall 
knowingly transport or convey from one place to another, or from one 
person to another, any alcoholic liquors knoivn by him to have been 
illegally sold or procured shall receive the same punishment as if con- 
victed of the illegal sale of such alcoholic liquors. Charges of illegal 
transportation thereof may be joined in the same indictment. 

1917, XXX, 69. 

(873) § 53. Where Liquor May Be Kept.— It shaE be unlawful for 
any intoxicating liquors to be stored or kept except for one's ovm per- 
sonal use, or that of his immediate family, or for religious purposes, 
and then only at his usual place of residence, and only when the same 
shall have been procured in a lawful manner. The residence of a person 
shall be where his family resides, if he has a family residing in this State, 
and if not, at the place where he usually sleeps: Provided, however, 
That it shall be unlawful for any person to have in his possession, or 
to store or keep, for any purpose, any quantity of such liquors in any 
room in which, or in connection with which, there is maintained or con- 
ducted any place of amusement, club house, fraternity house, lodge or meet- 
ing place, cafe, rest room, store, office, shop or factory, and no such place 
shall be considered a residence within the meaning of this Section. 

1917, XXX, 69. 

(874) § 54. Storage of Unusual Amount Evidence of Violation. — 

Storage of any unusual amount or in an unusual way of any alcoholic 
liquors shall be evidence of a violation of this Chapter. 
1917, XXX, 69. 

(875) § 55. Unlawful to Deliver Shipments to Certain Persons. — 

It shall be unlawful for any common carrier to deliver to any minor, 
or any person not the consignee, or to any woman not the head of a 
family, or to any student of an institution of learning ; or for any minor, 
or any person not the consignee or any woman not the head of a fam- 
ily, or any student of an institution of learning to receive any package 
containing alcoholic liquors. 
1917, XXX. 69. 

(876) § 56. Where Record of Delivery to Be Kept — Inspection — 

The original record which common carriers are required to make and 
preserve under the terms of this Chapter shall be kept in the county in 
which the delivery of said alcoholic liquors is made, and if practicable, at 
the same office making delivery, and said common carrier shall produce 
such records for the use and benefit of any officer of said county or of the 
Courts of the State when requested to do so. 
1917, XXX, 69. 

(877) § 57. Penalty for Violation. — Any violation of the provisions 
of Sections (860) to (885), for which no other punishment is provided. 



OF SOUTH CAROLINA 259 

shall be punished by imprisonment for not more than one year, or a fine 
of not more than one thousand dollars, or both. 
1917, XXX, 69. 

(878) § 58. "Alcoholic Liquors" Defined.— The words "alcoholic 
liquors, ' ' as used herein, shall be considered to mean any liquor, beer, bev- 
erage or compound, whether distilled, fermented, or otherwise, by what- 
soever name known or called, which will produce intoxication, or which 
contains in excess of one per centum of alcohol and is used as a beverage. 

1917, XXX, 69. 

(879) § 59. Sections (860) to (885) Not to Alter Existing Law as to 
Shipments for Certain Pharmaceutical, Medical and Scientific Purposes. 

— Sections (860) to (885) shall not affect any existing laws regulating 
the transportation for, or the receipt, storage, sale or use by druggists, hos- 
pitals and laboratories, or for scientific or mechanical purposes of alcohol or 
preparations containing alcohol, or any law regulating the transportation 
and storage of medicines or extracts, which shall remain as heretofore : And 
provided, That said Sections shall not apply to alcoholic liquors required 
and used by hospitals or sanatoria bona fide established and maintained for 
the treatment of patients addicted to the use of liquors, morphine, opium, 
cocaine, or other deleterious drugs, when the same are administered to pa- 
tients actually in such hospitals or sanatoria for treatment, and when the 
same are administered as an essential part of the particular system or 
method of treatment, and exclusively by or under the direction of a duly 
licensed and registered physician of good moral character and standing: 
And provided, further. That shipments of such liquors be shipped in the 
name of such hospitals and sanatoria, and that the amount of such ship- 
ment shall not exceed five gallons in any one calendar month, and no per- 
mit shall be required therefor. 
1917, XXX, 69. 

(880) § 60. Provision for Manufacture of Ginger Ale and Like Bev- 
erages. — Any person, firm or corporation manufacturing in this State 
ginger ale or similar soft drinks in which there is an alcoholic ingredient 
not exceeding one-third of one per cent, may import alcohol into this State, 
or order and receive the same from another State, in quantities not exceed- 
ing ten gallons, for which no permit shall be required : Provided, That such 
person, firm or corporation first file with the Clerk of Court of the county 
in which said manufacturing plant is located a bond with an approved 
surety company as surety in the sum of one thousand ($1,000.00) dollars, 
to be forfeited to the State upon proof of misuse of such alcohol or disposi- 
tion of it otherwise than contemplated in this Section for the manufacture 
of said product. The Solicitor shall bring action upon said bond upon in- 
formation or belief, as he may see fit. 

1917, XXX, 69. 

(881) § 61. Manufacture and Sale of Ethyl or Methyl Alcohol Not 
Affected. — This law shall not affect any existing law regulating the 
manufacture, sale or disposition of ethyl or methyl alcohol from sawdust, 
slabs or other wood substance, which shall remain as heretofore. 

1917. XXX, 69. 



260 CRIMINAL CODE 

(882) § 62. Manufacture of Wine Regulated. — Any person shall 
have the right to manufacture not exceeding five gallons annually of wine 
from fruits, berries or grapes, and to keep the same for his own use and 
that of his immediate family, or for sacramental purposes. 

1917, XXX, 69. 

(883) § 63. False Statements a Violation. — The making of any false 
or untrue statement in any affidavit required herein, or the taking of such 
affidavit by any officer or person who knows same to be false, shall be 
deemed a violation of this Chapter. 

1917, XXX, 69. 

(884) § 65. Punishment of Common Carriers for Violation Hereof. 

— Should any agent or agents of any common carrier violate any of the 
provisions of Sections (860) to (885), the said common carrier may be 
indicted, and upon conviction, fined for such violation, and in addition, 
such agent or agents may be personally indicted, and upon conviction, 
fined or imprisoned, or both, for the same violation. Jurisdiction of said 
common carrier, if a corporation, shall be obtained by serving upon said 
corporation a certified copy of the indictment against it in the same way 
and upon the same persons as provided for the service of a summons in civil 
actions. 

1917, XXX, 69. 

(885) § 66. Forfeiture of Vehicles Used in Illegal Transportation of 
AlcohoHc Liquors. — The use of any buggy, wagon, automobile, railroad 
car, bicycle, motorcycle, or other vehicle, or any boat, launch, or other ves- 
sel, or animal, used in the illegal transportation of alcoholic liquors as 
herein forbidden and if so used with the knowledge or consent of the 
owner thereof or of the agent or servant of such owner in charge of such 
vehicle or vessel, the same shall be forfeited to the county in which such 
violation of the prohibition law is committed, and same shall be confiscated 
by any peace officer by the physical .seizure or taking possession of same by 
such peace officer, and he shall sell same at public auction, after due public 
advertisement for twenty-one days in a newspaper published and circu- 
lated in the county in which the offense is committed, to the highest bidder 
for cash, and shall immediately turn over the proceeds of the sale of same 
to the County Treasurer: Provided, That the owner of such vehicle or 
vessel may redeem same by paying into the County Treasury the actual 
marketable value of said vehicle or vessel, to be determined as to its value by 
the Supervisor and his Board. 

1917, XXX, 69 ; 1919, XXXI, 233. 

(886) § 67. Sale, Barter or Exchange of Any Recipe. Formula or 
Distilling Apparatus for Making Intoxicating Beverages Prohibited— 
Penalty. — Any person or persons, firm or corporation who shall sell or 
offer for sale any recipe, formula or distilling apparatus for the purpose 
of mixing, blending, manufacturing or distilling of any intoxicating bev- 
erage in the State of South Carolina shall be deemed guilty of a misde- 
meanor, and upon conviction thereof shall be imprisoned at hard labor for 



OF SOUTH CAKOLINA 261 

not less than three months, nor more than three years, and pay a fine not 
less than one hundred dollars, nor more than one thousand dollars : 
Provided, That this Section shall not apply to recipes or formulas for the 
mixing, blending or manufacture of beverages containing less than two 
per cent, of alcohol, and shall not apply to flavoring extracts, essences and 
preparations for medical purposes. 

1916, XXIX, 927. 

(887) § 68. Unlawful to Advertise Alcoholic Liquor or Beverage or 
Solicit Orders Therefor — Removal of Advertisements From Public 
Places. — It is hereby made unlawful: (1) To advertise upon any street 
car, railroad car or other vehicle of transportation, or at any public place 
or resort, or upon any sign or billboard, or by circulars, posters, price lists, 
newspapers, periodicals or otherwise within this State alcoholic liquors and 
beverages, or any of them, or to advertise the manufacture, sale, keeping 
for sale or furnishing of any of them, or the person from whom, or the firm 
or corporation from which, or the place where, or the price at which, or 
the method by which the same or any of them may be obtained; (2) to cir- 
culate or publish any newspaper, periodical or other written or printed 
matter in which any advertisement in this Section specified shall appear, 
or to permit any sign or billboard, containing such advertisement to remain 
upon one's premises; or to circulate any price lists, order blanks or other 
matter for the purpose of inducing or securing orders for such alcoholic 
liquors, or any of them, no matter where located. Any Sheriff, Constable 
or police officer is authorized to remove any such advertisement from any 
sign, billboard, or other public place when it comes to his notice, and shall 
do so upon demand of any citizen. 

2. Certain Advertisements Included in Inhibition of Section 1. — 
That any advertisement or notice containing the picture of a brewery, dis- 
tillery, bottle, keg, barrel, or box, or other receptacle represented as con- 
taining any of said liquors or beverages, or designed to serve as an adver- 
tisement thereof, shall be within the inhibition of this Section, 

3. Continuation of Violation May Be Enjoined — Who May Be Joined 
AS Defendants. — That where and when any violation of any of the pro- 
visions of this Section shall have occurred, the continuation or repetition 
of the unlawful act or any of like kind by the offending person, firm or 
corporation, may be prevented by a writ of injunction issued upon a bill 
filed in the name of the State by the State Attorney General, or by any 
Solicitor, or by any citizen or citizens of the county in which the offense 
has been committed. All persons, whether agents, servants or officers of 
corporations, or agents or servants of individuals aiding or abetting in the 
commission of the offense, may be made parties defendant to such bills. 

4. Penalties for Violation. — That any violation of any provision of 
this Section shall be punishable by a fine of not less than fifty nor more 
than five hundred dollars ; to which may be added in the discretion of the 
Court or Judge trying the case, imprisonment in the county jail or at hard 
labor for the county for not more than six months. 

1917, XXX, 167. 



262 CRIMINAL CODE 

(888) § 69. Sale, Etc., of Tonics, Etc., Containing Unnecessary 
Quantity of Alcohol Unlawful — Sale of Such Tonics Which Can Be Used 
as a Beverage Prohibited, Except as Herein Provided for Medicinal 
Use. — 1. It sliall be unlawful and against the health and morals of this 
State for any person, firm or corporation to sell or offer for sale, receive, 
have in possession for unlawful purposes or purchase within this State any 
tonics, bitters, drugs, medicines, toilet articles or compounds containing 
alcohol if the alcohol contained in such compounds or preparations is in 
a greater quantity than is necessary for the purpose of extraction, solu- 
tion or preservation of such preparation, and the sale, receiving, purchas- 
ing or having in possession of such tcnics, bitters, drugs, medicines, toilet 
articles or compounds which can be used as a beverage is prohibited, un- 
less it can be made to appear, as hereinafter provided, that the same was 
for medicinal use. 

2. PuECHASER TO SiGN CERTIFICATE. — Every dealer in any of the afore- 
named preparations shall require each and every purchaser who buys any 
article mentioned in Subsection 1 to sign a certificate as follows : I have 

this day purchased from the following preparation, to be 

used only as a medicine, toilet preparation or flavoring extract, and will 
not myself use or allow any of same to be used as a beverage. 

3. Violation a Misdemeanor — ^Penalties. — Any person, firm or cor- 
poration violating any of the provisions of this Section shall be guilty of a 
misdemeanor, and, upon conviction thereof, shall pay a fine of not less 
than one hundred ($100.00) dollars or more than five hundred ($500.00) 
dollars, or suffer imprisonment for not less than three months or more than 
one year, in the discretion of the Court, for the first offense, and for any 
subsequent offenses shall suffer imprisonment for not less than one year or 
more than two years, in the discretion of the Court : And provided, further, 
It shall be the duty of the Board of Pharmaceutical Examiners to cancel 
the license of any person reported to said Board and found guilty by them : 
Provided, further. That any person, firm or corporation convicted under 
this Section shall be prohibited from employing a licensed druggist there- 
after for a period of two years. 

1919, XXXI, 263. 



CHAPTER XXI. 

Violations of the Insurance Laws. 

(889) § 1. Misdemeanor to ReceiViC Premium for Insurance 
in Insolvent Company. — Any director or officer of any insurance com- 
pany or association, of whatever kind, who shall wilfully receive any pre- 
mium or assessment on behalf of said company or association, knowing at 
the time of receipt of said premium or assessment said company or associa- 
tion to be insolvent according to the laws of its home State, without notice 
of the same to the party paying the premium or assessment, shall be guilty 
of a misdemeanor, and, upon conviction thereof, shall be fined or impris- 
oned, in the discretion of the Court. Or any agent, physician or other 



OF SOUTH CAROLINA 263 

person who shall insure or knowingly cause to be insured or reinstated in 
membership any infirm or unhealthy person, not at the time in insurable 
condition, with intent to defraud, shall be guilty of a misdemeanor, and, 
upon conviction thereof, shall be fined or imprisoned, in the discretion of 
the Court. 

Crim. Code, '12, § 879 ; 1910, XXI, 553. 

(890) § 2. Misdemeanor to Present False Claim or Make False State- 
ment. — Any agent, collector, physician or other person who shall cause 
to be presented to any insurance company licensed to do business in this 
State a false claim for payment, knowing the same to be false, or any agent 
or collector who shall represent any such company or collect or do business 
without the authority of the company or secure cash advances by false 
statements, or shall fail to turn over when required, or satisfactorily account 
for all collections of such company, licensed to do business in this State, 
shall be guilty of a misdemeanor, and, upon conviction thereof, shall be 
fined or imprisoned, in the discretion of the Court. 

Crim. Code, '12, § 880 ; 1910, XXI, 553. 

(891) § 3. Persons Deemed Agents — ^Misdemeanor to Procure Pre- 
mium by Misrepresentation. — A person who acts for another than him- 
self in negotiating a contract of insurance by an insurance company or 
association, for the purpose of receiving remuneration therefor, shall be 
held to be the company's or association's agent, whatever conditions or 
stipulations may be contained in the policy contract. Any such person who 
knowingly procures by fraudulent representations, payments or any obli- 
gations for payment of a premium of insurance, shall be guilty of a mis- 
demeanor, and, upon conviction thereof, shall be punished by a fine or im- 
prisonment, in the discretion of the Court. 

Crim. Code, '12, § 881 ; 1910, XXI, 553. 

(892) § 4. Foreign Insurance Companies Doing Business Without a 
License — Countersigning Policies for Unlicensed Companies. — Any for- 
eign insurance company or association of any class whatsoever doing busi- 
ness in this State without a license so to do, shall be subject to a fine 
of five hundred dollars for each offense, to be recovered by suit brought by 
the Attorney General or a Circuit Solicitor in the name of the State. Any 
person countersigning certificates or policies or making entries or notices 
of insurance under open policies or other instruments of insurance, or 
acting for or representing an insurance company not licensed to do busi- 
ness in this State, shall be guilty of a misdemeanor, and, upon conviction 
thereof, shall be fined not less than one hundred dollars or imprisoned, in 
the discretion of the Court. Any company violating any of the insurance 
laws of this State, for which no penalty is otherwise provided, shall be 
subject to a fine not to exceed five hundred dollars, to be recovered by 
suit brought by the Attorney General or a Circuit Solicitor, in the name of 
the State. 

Crim. Code, '12, § 882 ; 1910, XXI, 553. 

(893) § 5. Misdemeanor to Solicit for Association Not Duly Au- 
thorized to Do Business. — Any person who shall solicit membership for, 



264 CRIMINAL CODE 

or in any manner assist in procuring membership in, any fraternal benefit 
association not authorized to do business in this State, or who shall solicit 
membership for, or in any manner assist in procuring membership in, any 
such association not authorized as herein provided to do business as herein 
defined in this State, shall be guilty of a misdemeanor, and, upon convic- 
tion thereof, shall be punished by a fine of not more than one hundred 
dollars or imprisonment not longer than thirty days. 
Crim. Code, '12, § SS5; 1910, XXVI, 561. 

(894) § 6. Investigation as to Fires, Etc. — Neglect of Duty — Appeal 
to Insurance Commissioner. — AYhen the Insurance Commissioner or his 
Deputy or the Chief of the Fire Department or Chief of Police or Intend- 
ant (where there is no Chief of Fire Department), or County Sheriff, shall 
find in any building or upon any premises combustible material or con- 
ditions dangerous to the safety of such building or premises, they shall 
order the same to be removed or remedied. And such order shall forth- 
with be complied with by the owner or occupant of said building or prem- 
ises. Any one failing to comply with the orders of any of the above named 
officers shall be punished by a fine of not less than ten dollars nor more 
than fifty dollars for each day's neglect: Provided, however, That if said 
owner or occupant shall deem himself aggrieved by such order he may, 
within twenty-four hours, appeal to the Insurance Commissioner and the 
cause of the complaint shall at once be investigated by the direction of the 
latter, and unless by his authority the order of the Fire Chief or Chief of 
Police is revoked such order shall remain in full force. 

Crim. Code, '12, § SSS; 1901, XXIV, 474. 

(895) § 7. Misdemeanor for Insurance Companies or Agents to Cir- 
culate False Information. — No life insurance company doing business in 

this State, and no officer, director or agent thereof, shall issue or circulate, 
or cause or permit to be issued or circulated, any estimate, illustration, cir- 
cular or statement of any sort misrepresenting the terms of any policy 
issued by it, or the benefits or advantages promised thereby, or the divi- 
dends or shares of surplus to be received thereon, or shall use any name or 
title of any policy or class of policies misrepresenting the true nature 
thereof. Violation of this Section by an agent or officer of an insurance 
company shall be a misdemeanor and punishable by a fine of five hundred 
dollars or imprisonment in the county jail for sixty (60) days, or by both 
such fine and imprisonment; and if a company violates or participates in 
the violation of this Section, such company shall have its certificate of au- 
thority to do business in this State suspended for a period of not exceeding 
six months for each offense. 

Crim. Code, '12, § 891; 1908, XXV, 1110. 

(896) § 8. False Statements of Claims. — Any person who shall wil- 
fully make a false statement of any material fact or thing in a sworn state- 
ment as to the death or disability of a certificate holder in an}^ such fra- 
ternal benefit association for the purpose of procuring payment of a benefit 
named in the certificate of such holder, and any person who shall wilfully 
make any false statement in any verified report or declaration under oath 



OF SOUTH CAROLINA 265 

required or authorized by Article III, Chapter XLVIII of the Civil Code, 
shall be guilty of perjury, and shall be proceeded against and punished as 
provided by the Statutes of this State in relation to the crime of perjury. 
Crim. Code, '12, § 884 ; 1910, XXVI, 561. 

(897) § 9. False Statement in Reference to Application to Fraternal 
Benefit Associations. — Any person, officer, member or examining physi- 
cian of any frantemal benefit association authorized to do business under 
Article III, Chapter XLVIII of the Civil Code, who shall knowingly or 
wilfully make any false or fraudulent statement or representation in or 
with reference to any application for membership, or for the purpose 
of obtaining money from or benefit in any association transacting business 
under Article III, Chapter XLVIII, of the Civil Code, shall be guilty of a 
misdemeanor, and, upon conviction thereof, shall be punished by a fine 
of not less than one hundred dollars nor more than five hundred dollars, 
or imprisoned in the county jail for not less than thirty days nor more than 
one year, or both, in the discretion of the Court. 

Crim. Code, '12, § 883 ; 1910, XXVI, 561. 

(898) § 10. Violation of Civil Code, as to Fraternal Benefit Associa- 
tions. — Any fraternal benefit association or any officer, agent or em- 
ployee thereof neglecting or refusing to comply with, or violating any of 
the provisions of Article III, Chapter XLVIII of the Civil Code, the 
penalty for which neglect, refusal or violation is not specified in three pre- 
ceding Sections, shall be fined not exceeding one hundred dollars upon 
conviction thereof or may be imprisoned not more than thirty days, 

Crim. Code, '12, § 886 ; 1910, XXVI, 561. 

(899) § 11. Misdemeanor to Misrepresent Contracts. — No bond, invest- 
ment, dividend, debenture, registry, guaranty, loan or fidelity, or other 
company required to be licensed by the Insurance Commissioner, and no 
officer or director or agent thereof, shall issue or circulate, or cause or 
permit to be issued or circulated, any estimate, illustration, circular or 
statement of any sort misrepresenting the terms of any policy or contract 
issued by it, or the benefits or advantages promised thereby, or the dividends 
or shares of surplus to be received thereon, or shall use any name or title 
or any policy or contract, or class of policies or contracts misrepresenting 
the true nature thereof. Violation of this Section or of Article V, Chapter 
XLVIII of the Civil Code, by any agent or officer of a company, or by any 
person representing himself to be an agent or officer, shall be a misde- 
meanor, and, upon conviction thereof, shall be punished by a fine of not less 
than one hundred dollars nor more than five hundred dollars, or im- 
prisonment for not- less than thirty days and not more than six months ; 
and if a company violates or participates in the violation of this Section 
or of Article V, Chapter XLVIII, of the Civil Code, such company shall 
have its certificate of authority to do business in this State suspended or 
revoked. No such company shall make or permit any distinction in favor 
of individuals between policyholders or contract holders of the same class, 
in the amount of the payment of premiums or rates charged for policies or 
contracts, or in the dividends or other benefits payable thereon, or in any 



266 CRIMINAL CODE 

other of the terms and conditions of the contracts it makes. Nor shall any 
company or agent thereof make any contract or agreement as to such 
contract other than as plainly expressed in the policy issued thereon. 
Crim. Code, '12, § 887; 1910, XXVI, 547. 

(900) § 12. Obstructing the Insurance Commissioner. — Any one who 

violates the provisions of Article I, Chapter XLVIII of the Civil Code, or 
any one who interferes with the Insurance Commissioner in the perform- 
ance of his lawful duties, or who prevents the same, or refuses to comply 
with or obey any order issued by him in accordance with law, shall be 
guilty of a misdemeanor, and, upon conviction thereof, shall be fined not 
more than one hundred dollars, or imprisoned not more than thirty days: 
Provided, That nothing herein contained shall be construed to prevent 
such person as is here referred to testing the validity of the order or 
action of the Commissioner in a Court of competent jurisdiction. 
Grim. Code, '12, § 889 ; 1909, XXVI, 11. 

(901) § 13. No Distinction to Be Made Between Individuals by Life 
Insurance Companies — Rebates. — No insurance company doing business 
in this State shall make or permit any distinction in favor of individuals 
between insurants (the insured) of the same class and equal expectation 
of life in the amount of the payment of premiums or rates charged for 
policies of life or endowment insurance, or in the dividends or other benefits 
payable thereon, or in any other of the terms and conditions of the contracts 
it makes. Nor shall any such company, or agent thereof, make any con- 
tract of insurance or agreement as to such contract other than as plainly 
expressed in the policy issued thereon ; nor shall any such company or any 
officer, agent, solicitor or representative thereof pay, allow or give or offer 
to pay, allow or give, directly or indirectly, as inducement to insurance, 
any rebate or premium payable on the policy, or any special favor or ad- 
vantage in the dividends or other benefits to accrue thereon, or any paid 
employment or contract for services of any kind, or any valuable consid- 
eration or inducement whatever not specified in the policy contract of in- 
surance; nor give, sell or purchase, or offer to give, sell or purchase, 
as inducement to insurance or in connection therewith, any stocks, bonds, 
or other securities of any insurance company or other corporation, associa- 
tion or partnership, or any dividends or profits to accrue thereon, or any- 
thing of value whatever not specified in the policy. Every officer or agent 
of an insurance company doing business in this State, who shall violate 
any of the provisions of this Section, shall be deemed guilty of a misde- 
meanor, and, upon conviction thereof, shall be fimed in a sum not less than 
one hundred ($100) dollars nor exceeding five hundred ($500) dollars, or 
imprisoned in the county jail for not less than thirty (30) days, nor more 
than ninety (90) days, or both, in the discretion of the Court, and shall 
pay the costs of the prosecution. It shall be the duty of the Insurance 
Commissioner, upon being satisfied that any such insurance company, or 
any agent thereof, has violated any of the provisions of this Section to 
revoke the certificate of authority of the company or agent so offending. 
Crim. Code, '12, § 892 ; 1908, XXV, 1110. 



OF SOUTH CAROLINA 267 

(902) § 14. Certain Inducements Which Must Not Be Offered to 
Procure Policy Holders. — No insurance company shall issue in this State, 
nor permit its agents, officers or employees to issue in this State, agency 
company stock or other stock or securities, or any special or advisory board 
or other contract of any kind, promising returns and profits as an induce- 
ment to insurance; and no life insurance company shall be authorized to 
do business in this State which issues, or permits its agents, officers or em- 
ployees to issue, in the State of South Carolina or any other State or Ter- 
ritory, agency company stock, or other stock or securities, or any special 
advisory board or other contract of any kind promising returns and profits 
as an inducement to insurance; and no corporation or stock company, 
acting as agent of a life insurance company, nor any of its agents, officers 
or employees, shall be permitted to agree, sell, offer to sell or give, or 
offer to give directly or indirectly, in any manner whatsoever, any share 
of stock, securities, bonds or agreement of any form or nature, promising 
returns and profits as an inducement to insurance or in connection there- 
with : Provided, That nothing herein contained shall impair or affect in 
any manner any such contracts issued or made as an inducement to insur- 
ance prior to the enactment hereof, or prevent the payment of the divi- 
dends or returns therein stipulated to be paid. It shall be the duty of the 
Insurance Commissioner, upon being satisfied that any such insurance com- 
pany, or any agent thereof, has violated any of the provisions of this Sec- 
tion, to revoke the certificate of authority of the company or agent so 
offending. 

Crim. Code, '12, § 893 ; 1908, XXV, 1110. 

(903) § 15. Law as to Insurance of Public Buildings — Failure to 
Comply With a Misdemeanor — Penalty. — ^Any officer, official or trus- 
tees, upon whom the duties provided in Sections (130) to (144), Civil 
Code, devolves, who fail or refuse to carry out the provisions thereof, shall 
be guilty of a misdemeanor, and, upon conviction thereof, shall be fined in 
a sum not less than twenty-five ($25.00) dollars, nor more than one hun- 
dred ($100.00) dollars, or imprisonment not less than ten nor more than 
thirty days. 

1918, XXX, 881. 

(904) § 16. Penalty for Unlawful Merger of Fraternal Benefit Asso- 
ciation. — Any person violating the provisions of Article V, Chapter 
XL VIII, s-hall be guilty of a felony, and upon conviction, shall be liable 
to a fine of not more than five thousand dollars, or to imprisonment 
for not more than five years, or to both fine and imprisonment. 

1919, XXXI, 83. 

(905) § 17. False Statements to Fraternal, Etc., Association Pun- 
ishable — Penalty — Soliciting Members for Unlicensed Association — Pen- 
alty for Violation of Other Provisions of Article. — Any person, officer, 
member or examining physician of any association authorized to do busi- 
ness under Article III, Chapter XL VIII, Civil Code, who shall knowingly 
or wilfully make any false or fraudulent statement or representation in 
or with reference to any application for membership, or for the purpose 



268 CRIMINAL CODE 

of obtaining money from or benefit in any association transacting busi- 
ness tmde-r said Article, sliaU be guilty of a misdemeanor, and, upon con- 
viction thereof, shall be punished by a fine of not less than one hundred 
dollars nor more than five hundred dollars, or imprisonment in the county 
jail for not less than thirty days nor more than one year, or both in the 
discretion of the Court, and any person who shall wilfully make a false 
statement of any material fact or thing in a sworn statement as to the 
death or disability of a certificate holder in any such association for the 
purpose of procuring payment of a benefit named -in the certificate of 
such holder, and any person who shall wilfully make any false statement 
in any verified report or declaration under oath required or authorized 
by said Article, shall be guilty of perjury, and shall be proceeded against 
and punished as provided by the Statutes of this State in relation to the 
crime of perjury. Any person who shall solicit membership for, or in 
any manner assist in procuring membership in, any fraternal benefit 
association not licensed to do business in this State, or who shall solicit 
membership for, or in any manner assist in procuring membership in, any 
such association not authorized as herein provided to do business as herein 
defined in this State, shall be punished by a fine of not less than fifty nor 
more than two hundred dollars. Any association, or any officer, agent or 
employee thereof, neglecting or refusing to comply with, or violating 
any of the provisions of said Article, the penalty for which neglect, 
refusal or violation is not specified in this Section, shall be fined not 
exceeding two hundred dollars upon conviction thereof. 

1919, XXXI. 171. 

(906) § 18. Violation of Article as to Mutual Insurance Companies 
a Misdemeanor — Penalty. — Any person or corporation violating the pro- 
visions of Article IV, Chapter XLYIII. Civil Code, shall be guilty of a 
misdemeanor, and, upon conviction, shall be punished by a fine of not less 
than fifty dollars nor more than five hundred dollars, and the Insurance 
Commissioner shall have power to revoke the license of any such person 
or corporation. 

1920, XXXI, 910. 



CHAPTER XXn. 

Violations of the Laws Concerning Sailors, Immigrants, Etc. 

(907) § 1. Offenders Against Laws a-s to Immigrants and Sea- 
men Guilty of Misdemeanor — Punishment. — Whoever shall offend against 
any or either of the provisions contained in Chapter LIX of the Civil Code, 
shall be deemed guilty of a misdemeanor, and shall, upon con^^ction thereof, 
be punished by imprisonment for a term not exceeding one year and not 
less than thirty days, or by a fine not exceeding two hundred and fifty dol- 
lars and not less than one hundred dollars, or by both such fine and im- 
prisonment. 

Crim. Code, '12, § 897 ; Crim. Code, '02, § 611 ; G. S. 1648 ; R. S. 493 ; 1866, XVIII. 
472. 



OF SOUTH CAROLINA 269 

(908) § 2. Harboring Mariners Over One Hour — Penalty — Dis- 
charged Mariners Excepted. — It shall not be lawful for any tavern keeper, 
punch house keeper or victualler, within this State, to harbor, entertain, or 
employ any seaman or mariner, exceeding one hour in four and twenty, 
without an order or direction in writing for so doing under the hand of 
the master or commander of the ship or vessel to which such seaman or 
mariner shall belong, under pain of forfeiting the sum of ten dollars for 
every such offense, to be recovered by indictment in any Court of competent 
jurisdiction, and applied one-half to the informer and the other half for 
the use of the State: Provided always, nevertheless, That nothing herein 
contained shall extend, or be construed to extend, to such seaman or mariner 
as shall be legally discharged from any ship or vessel. 

Crim. Code, '12, § 898 ; Crim. Code, '02, § 612 ; G. S. 1650 ; R. S. 494 ; 1751, III, 735. 

(909) § 3. Harboring Deserting Seamen and Enticing Them to Desert. 

— Any person who shall be convicted of harboring deserting seamen, or 
of inveigling or procuring them to desert any service for which they have 
engaged, or disregard any article into which they have entered, shall be 
held guilty of a misdemeanor, and, upon trial and conviction, shall be pun- 
ished by fine and imprisonment, at the discretion of the Judge, not to ex- 
ceed three hundred dollars fine and three months imprisonment ; and, upon 
a second conviction, the person so offending, if the keeper of a public or 
lodging house for seamen, in addition to the penalty before provided, shall 
forfeit his or her license. 

Crim. Code, '12, § 899 ; Crim. Code, '02, § 613 ; G. S. 1651 ; R. S. 495 ; 1695, II, 119 ; 
1836, VI, 557. 

(910) § 4. Magistrate May Order Search for Deserting Seamen. — In 

case any such seaman, or any boy apprenticed on board any ship or vessel, 
shall be harbored, secreted, or detained, it shall be lawful for any Magis- 
trate, upon complaint, on oath, made by the master of the said ship, or on 
his behalf, to inquire into the matter, and, if he shall see fit, by warrant 
under his hand and seal, to cause search to be made into any place wherein 
the said seaman or apprentice may be harbored or secreted, and to cause 
such seaman or apprentice to be restored to the master of said ship. 

Crim. Code, '12, § 900; Crim. Code, '02, § 614; G. S. 1652; R. S. 495; 1695, II, 
119 ; 1836, VI, 557. 

(911) § 5. Last Two Sections Extend to All Shipping Agreements. — 

The provisions of the two preceding Sections shall extend to every agree-- 
ment to proceed or continue on a voyage made in this State or elsewhere, by 
a seaman, and whether in contemplation of a voyage to be commenced in the 
State or elsewhere : Provided, That the said agreement, at the time when 
any such seaman may be harbored or secreted contrary to the provisions 
of the said Sections, shall not have been fully executed and determined, but 
shall be of force and binding on such seaman, according to the laws of this 
State, or of the country where the same was entered into, or to which the 
ship or vessel in which such voyage was to be made may belong. 

Crim. Code, '12, § 901 ; Crim. Code, '02, § 615 ; G. S. 1653 ; R. S. 497 ; 1837, VI, 376. 



270 CRIMINAL CODE 

(912) § 6. Articles of Ship Admissible in Evidence.^On the prose- 
cution or trial of any indictment under the provisions of this Chapter, a 
copy of the articles of the ship or ressel, authenticated bj^ the affidavit of 
the captain, sworn to before any Notary Public or Magistrate of this State, 
shall be admissible in evidence, and shall be sufficient to establish the fact 
that any seaman whose name appears subscribed thereto has signed the 
agreement contained in such articles, until the contrary be made to 
appear by proof. 

Grim. Code, '12, § 902 ; Crim. Code, '02, § 616 ; G. S. 1056 ; R. S. 498 ; 1837, VI, 577 ; 
1850, XIII, 171 

(913) § 7. A Misdemeanor to Impress Seamen. — Any attempt by 
fraud or force to ship, against his will, any person as a seaman on board 
any vessel in any port in this State is hereby declared a misdemeanor, to be 
punished by fine and imprisonment, at the discretion of the Court. 

Crim. Code, '12, § 903 ; Crim. Code, '02, § 617 ; G. S. 1657 ; R. S. 499 ; 1855, XII, 
402. 

(914) § 8. Evidence of Masters of Vessels Taken De Bene Esse. — 

When any prosecution shall be commenced against any person under the 
provisions of this Chapter, providing for the punishment of harboring sea- 
men who have deserted, and it shall appear to the Magistrate before whom 
the prosecution was commenced that the testimony of any master of a ves- 
sel or other transient person will be important on such trial, such Magis- 
trate shall have authority, after five days notice to the party accused, to 
summon such witness before some Judge of the Court of General Sessions, 
or the Recorder of the City Court of Charleston, to appear and give evi- 
dence in the said matter, when such witness shall be examined, with the 
right to the party accused to examine or cross-examine such witness, as in 
trials in open Court; and the Judge or Recorder shall certify and seal up 
such evidence, to be used on the trial of the cause, in the same manner as 
if the same had been given orally on such trial : Provided, That such testi- 
mony shall in no case be used unless it shall appear, by the affidavit of 
the Magistrate before whom prosecution shall have been commenced, that 
such witness is not at the time of such trial within the jurisdiction of the 
State. 

Crim. Code, '12, § 904; Crim. Code, '02, § 618; G. S. 1658; R. S. 500; 18-52, XII, 
172 ; 1855, XII, 402. , 

(915) § 9. Masters Lodging Seamen in Jail for Desertion to Give 
Bond. — All masters of vessels, and others, lodging seamen in the jails of 
this State, for desertion, shall, previously thereto, give bond, with security, 
to the Sheriff of the County, to be by him approved, in the sum of five 
hundred dollars, for every seaman so lodged in any jail in this State, with a 
condition that he or they shall be bound to take away the said seaman or 
seamen from the jail, and pay the expenses thereof. 

Crim. Code, '12, § 905 ; Crim. Code, '02, § 619 ; G. S. 1659 ; R. S. 501 ; 1808, V, 574. 

(916) § 10. Procurers of Seamen Not to Board Vessels Without Per- 
mission of Master. — It shall not be lawful for any broker, shipping mas- 
ter, or other person engaged in the business of procuring seamen for ves- 



OF SOUTH CAKOLINA 271 

sels, or furnishing them with such seamen, or making contracts for their 
services, to enter or attempt to go on board of any vessel lying at any port in 
any waters within the jurisdiction of this State, except as herein pro- 
vided, without having previously obtained the permission of the master 
or other person having the care, custody, and control of such vessel; and 
any such person so entering any vessel as aforesaid, without such permis- 
sion, shall be deemed guilty of a misdemeanor, and shall, upon conviction, 
be punished by fine and imprisonment, at the discretion of the Judge who 
tries the case, not to exceed three hundred dollars and three months im- 
prisonment. 

Crim. Code, '12, § 906; Crim. Code, '02, § 620; G. S. 1660; R. S. 502; 1S52, XII, 171. 

(917) § 11. Master May Arrest Offenders.— It shall be lawful for 
the master or other person having the command of the said vessel, or the 
care, custody, and control of the same, to seize and arrest all persons while 
so offending, and to take them before any Magistrate, to be committed or 
bound over to appear as in other cases of misdemeanor. 

Crim. Code, '12, § 907; Crim. Code, '02, § 621; G. S. 1661; R. S. 503; 1852, XII, 
171. 

(918) § 12. Burden of Proof. — Upon the trial of any person indicted 
under the two foregoing Sections of this Chapter, in case it shall be proved 
that any such person shall have entered or attempted to go on board any 
vessel within the jurisdiction of this State, it shall be obligatory upon the 
person accused to prove that he had previously received the required per- 
mission; and in default of such proof, such person shall be presumed to 
have entered without such permission, and be found guilty accordingly. 

Crim. Code, '12, § 908 ; Crim. Code, '02, § 622 ; G. S. 1662 ; R. S. 504 ; 1852, XII, 171. 



CHAPTER XXIII. 
Felonies; Accessories; Aiders and Abettors. 

(919) § 1. Persons Accessory Before Fact Punished as Prin- 
cipal. — Whoever aids in the commission of a felony, or is accessory 
thereto before the fact, by counselling, hiring, or otherwise procuring such 
felony to be committed, shall be punished in the manner prescribed for 
the punishment of the principal felon. 

Crim. Code, '12, § 919 ; Crim. Code, '02, § 634 ; G. S. 2610 ; R. S. 521. Set 4 and o 
P. and M., c. 4 ; 1714, II, 484. 

In treason and misdemeanors there are no accessories: all participating are principals. Whit- 
taker V. English, 1 Bay 15; State v. Lymhurn, 1 Brev. 397; State v. Westfield, 1 Bail 132. 

A person cannot be convicted as accessory to crime of arson for procuring another to burn his 
own dwelling. State v. Sarvis, 45 S. C. 668, 24 S. E. 54. 

Whatsoever will make one an accessory before the fact in felony will make him a principal in 
treason, petit larceny and misdemeanors. State v. Lymburn, 1 Brev. 397; State v. Westfield, 1 
Bail. 132. 

There can be no accessory before the fact in manslaughter. State v. Putnam, 18 S. C. 175. But 
see State v. Sims, 2 Bail. 29, and State v. Crank, 2 Bail. 66. 

There may be accessories after the fact. State v. Burbage, 51 S. C. 284, 28 S. E. 937. 

AH persons present and aiding in the commission of a felony are principals, and there is no such 
distinction as principals of the first and second degrees. State v. Fley, 2 Brev. 338; State v. 
Posey, 4 Strob. 138; State v. Putnam, 18 S. C. 175. 

Indictment — 

Against an accessory before the fact need not allege the conviction or execution of the principal. 
State V. Sims, 2 Bail. 29; State v. Crank, 2 Bail. 66; State v. Posey, 4 Strob. 103. 

Sufficient if it allege that the murder was committed by a person unknown, and the prisoner WdS 
an accessory before the fact. State v. Green, 4 Strob. 138. 

Against three persons for murder, alleging that one of them did the act, and the other two were 
present aiding, is good. State v. Putnam, 18 S. C. 175. 



272 CRIMINAL CODE 

(920) § 2. Accessories Before Fact — When and How Tried. — Who- 
ever counsels, hires, or otherwise procures a felony to be committed, may 
be indicted and convicted as an accessory before the fact, either with the 
principal felon or after his conviction, or may be indicted and convicted of 
a substantive felony, whether the principal felon has or has not been 
convicted, or is or is not amenable to justice, and, in the last mentioned case, 
may be punished in the same manner as if convicted of being an accessory 
before the fact. 

Crim. Code '12, § 920; Crim. Code, '02, § 635; G. S. 2611; R. S. 522. See 4 and 5 
P. and M., c. 4 ; 1712, II, 484. 

Applies only to accessories before the fact. State v. Burbage, 51 S. C. 284, 28 S. E. 937. 

The record of the conviction of the principal, if had, must be produced, unless he and accessory 
are tried together. State v. Crank, 2 Bail. 66. 

Testimony of accomplice is altogether for the jury, and they may act upon it without any con- 
firmation of his statement. State v. Brown, 3 Strob. 508. 



TITLE II. 

PRISONS AND IMPRISONMENT. 

Chapter XXIV. Jails and Prisoners, 272. 
Chaptee XXV. State Penitentiary. 277. 
Chapter XXVI. Reformatories, 285. 



CHAPTER XXIV. 

Jails and Prisoners. 

(921) § 1. Sheriff to Have Custody of Jail, Etc.— The Sheriff 
shall have custody of the jail in his county, and if he appoint a jailer to 
keep it, the Sheriff shall be liable for him, and the Sheriff, or jailer, shall 
receive and safely keep in prison any person delivered or committed to 
either of them, according to law. 

Crim Code, '12, § 923 ; Crim. Code, '02, § 638 ; G. S. 2690 ; R. S. 525 ; 1839, XI, 48. 

(922) § 2. Industrial Communities May Provide Prison. — The presi- 
dent or treasurer, or other executive officer, having the management of 
any industrial corporation, located in any industrial community, in any 
county in this State, may build or provide a prison or building, at some 
convenient place, in said industrial community, in which arrested persons, 
charged with violation of the law, may be confined until such arrested 
persons can conveniently be carried before a Magistrate. 

1910, XXVI, 765. 

What Persons May Be Confined. — The police officer, or Deputy 
Sheriff, in industrial communities shall have the power to confine in such 
prison or building, as the president or treasurer, or other executive officer 
having the management of any industrial corporation, may provide in 
industrial communities, any person or persons who may be arrested 
charged with violation of law until such arrested person or persons can be 
conveniently carried before a Magistrate: Provided, however, That such 
police officer or Deputy Sheriff shall not detain any arrested person in 



OF SOUTH CAROLINA 273 

said prison longer than eighteen hours, except persons arrested on Satur- 
days, and then not over forty-two hours: Provided^ further, That such 
police officer or Deputy Sheriff shall provide water and food, and shall 
also furnish such arrested person or persons, with sufficient bedding or 
clothing to make them comfortable in cold weather. 
Crim. Code, '12, § 924; 1910, XXVI, 765. 

(923) § 3. Sheriff to Appoint Jailer — Jailer to Live at Jail. — ^Every 
Sheriff in this State, who does not live in the jail, shall employ a proper 
and discreet person as jailer, who shall live within the same, and who is 
hereby prohibited from using the house for any other purpose than that 
for which it was designated by law. 

Crim. Code, '12, § 925 ; Crim. Code, '02, § 639 ; G. S. 2691 ; R. S. 526 ; 1812, V, 672 ; 
1839, XI, 48. 

(924) § 4. Mode of Appointment of Jailer. — The Sheriff shall appoint 
such jailer in writing, a copy of which appointment shall be deposited in 
the office of the Clerk of the Circuit Court of the county wherein such 
jailer is appointed. 

Crim. Code, '12, § 926 ; Crim. Code, 02, § 640 ; G. S. 2692 ; R. S. 527 ; 1812, V, 672 ; 
1839, XI, 48. 

Where SheriflE collects salary for Jailer from the County, he cannot refuse to pay it over to the 
de facto jailer acting for him on the ground that his appointment was not in writing. McLemore v. 
Lancaster, 57 S. 0. 384, 35 S. E. 743. 

(925) § 5. Prisoners Committed by United States to be Kept in 
Custody. — The Sheriffs or jailers, in the several counties of this State, 
shall keep in safe custody all such prisoners as may be committed to them 
under the authority of the United States, until such prisoners are dis- 
charged by due course of law of the United States, under the like penalties 
as in case of prisoners committed under the authority of this State, and 
upon the terms of the resolution of the Congress of the United States at 
their session begun and holden on the fourth day of March, Anno Domini 
one thousand seven hundred and eighty-nine. 

Crim. Code, '12, § 927; Crim. Code, '02, § 641; G. S. 2693; R. S. 528; 1790, VII, 
257 ; 1800, V, 379 ; 1839, XI, 47. 

(926) § 6. Felons and Debtors to Be Lodged Apart. — Sheriff or jailer 
shall keep prisoners for debt, in cases of fraud, in separate apartments of 
the jail; and the officer herein offending shall be liable to an action of the 
party grieved, and also to an indictment, and, on conviction, shall be pun- 
ished as for a misdemeanor. 

Grim. Code, '12, § 928; Crim. Code, '02, § 642; G. S. 2694; R. S. 529; 1839, XI, 47. 

(927) § 7. Sheriffs to Keep Prisoners Committed by Coroner. — All 

Sheriffs and jailers are required to receive, and keep securely, all persons 
committed by the Coroner. 
Crim. Code, '12, § 929 ; Crim. Code, '02, § 643 ; G. S. 2695 ; R. S. 530 ; 1839, XI, 76. 

(928) § 8. To Set Apart Room for Coroner's Prisoners.— The Sheriff 
of each county shall set apart in the jail a room for the confinement of 

19 L 



274 CRIMINAL CODE 

such persons as may be exclusively in the custody of the Coroner, of which 
the Coroner shall have exclusive control. 

Grim. Code, '12, § 930 ; Grim. Code, '02, § 644 ; G. S. 2696 ; R. S. 531 ; 1825 ; VI, 262 ; 
1839, XI, 78. 

(929) § 9. Paupers, Lunatics, Etc., Not Imprisoned, but Sent to State 
Hospital for Insane. — No pauper, lunatic, idiot, or epileptic, shall here- 
after be confined for safekeeping in any jail; and if any such person shall 
be imprisoned, under and by virtue of any legal process, it shall be the 
duty of the Sheriff, in whose custody he may be, to obtain his discharge 
as speedily as possible, and send him forthwith to the State Hospital for 
the Insane, according to law, at the expense of the county within whose 
limits he shall have gained a settlement. 

Grim. Code, '12, § 931 ; Grim. Code, '02, § 645 ; G. S. 2696 ; R. S. 532 ; 1839, XI, 51. 

(930) § 10. Sheriif to Return Names of Prisoners to Court. — Every 
Sheriff shall make a return to every Court of General Sessions of his county 
on the first day of the term, of the name of every prisoner, and the time 
and cause of his or her confinement, whether civil or criminal. 

Grim. Code, '12, § 932 ; Grim. Code, '02, § 646 ; G. S. 2698 ; R. S. 533 ; 3 H. 7, c. 3 ; 
1712, II, 453 ; 1839, XI, 52. 

(931) § 11. Jailer to Report Lunatics. — It shall be the duty of the 
jailers of the several counties of this State, at the sitting of each Court of 
Sessions, to report to the Presiding Judge the names of the persons confined 
in jail, who are lunatics, idiots, or epileptics, with the cause of their de- 
tention. 

Grim. Code, '12, § 933; Grim. Code, '02, § 647; G. S. 2699; R. S. 534; 1829, VI, 
382; 1839, XI, 48. 

(932) § 12. No Discrimination in Treatment of Prisoners — Penalty. 

— It shall be unlawful for Sheriffs or jailers to make any discrimination 
in the treatment of prisoners placed in their custody. 

Every violation of this Section shall be a misdemeanor, and, upon con- 
viction thereof, the party convicted shall be fined not less than twenty-five 
dollars, and imprisoned for not leps than one month nor more than twelve 
months. 

Grim. Code, '12, § 934 ; Grim. Code, '02, § 648 ; G. S. 2700 ; R. S. 535 ; 1868, XIV, 107. 

(933) § 13. Removal of Prisoners on Destruction of Jail. — In all 

cases where any person shall be apprehended or in confinement according 
to law, in any county in this State, wherein the jail may be destroyed by 
fire or other accident, he shall be committed to the jail nearest the one 
destroyed, for safekeeping ; and the several jailers in this State, keepers of 
the jails nearest to those jails that may be destroyed as aforesaid, are 
authorized and required to receive and safely keep such person. 

Grim. Code, '12, § 935 ; Grim. Code, '02, § 649 ; G. S. 2701 ; R. S. 536 ; 1812, V, 672 ; 
1839, XI, 47. 

(934) § 14. Sheriff May Impress a Guard, and Call Out Posse Comi- 
tatus — Penalty for Refusing to Assist. — When any person accused of a 
capital offense shall be in custody, and the Sheriff, acting by himself or 



OF SOUTH CAROLINA 275 

his regular deputy, shall have cause to suspect that such person may be 
unlawfully taken from his custody, or will probably effect his escape, he 
may impress a sufficient guard for securing and keeping safely such pris- 
oner, so long as it may be his duty to keep said prisoner in jail, or in his 
custody. And the Sheriff by himself or his regular deputy, shall have 
power to call out the posse comitatus to his assistance, whenever he is re- 
sisted, or has reasonable grounds to suspect and believe that such assist- 
ance will be necessary in the service or execution of process in any criminal 
case ; and any person refusing to act as such guard, or to assist as one of the 
posse comitatus in the service or execution of such process, when required 
by the Sheriff, shall be liable to be indicted therefor, and upon conviction, 
shall be fined and imprisoned, at the discretion of the Court. 
Crim. Code, '12, § 936; Crim. Code, '02, § 650; G. S. 2702; R. S. 537; 1839, XI, 52. 

(935) § 15. Sheriff to Report Condition of Jail, Etc.— Each Sheriff 
shall, annually, report to the County Commissioners the actual condition 
of the jail, the repairs which may be wanting, and their probable cost. 

Crim. Code, '12, § 937 ; Crim. Code, '02, § 651 ; G. S. 2703 ; R. S. 538 ; 1839, XI, 48. 

(936) § 16. County to Furnish Blankets and Bedding for Prisoners. 

— It shall be the duty of the County Commissioners in this State to fur- 
nish, at all times, blankets and such other bedding as shall be necessary for 
prisoners confined in jail in their respective counties; and prisoners con- 
fined on a criminal charge shall be provided with at least two blankets in 
the winter season. 

Crim. Code, '12, § 938; Crim. Code, '02, § 652; G. S. 2704; R. S. 539; 1842, XI, 
226 ; 1861, XII, 908 ; 1869, XIV, 274. 

(937) § 17. County Commissioners May Make Alterations in Court- 
house or Jail.— The several Boards of County Commissioners are author- 
ized and required to make any alterations and additions deemed advisable, 
or which may become necessary, to any court house or jail now erected, or 
hereafter to be built, in their several counties. 

Crim.'Oode, '12, § 939; Crim. Code, '02, § 653; G. S. 2705; R. S. 540; 1841, XI, 156. 

(938) § 18. Physician for Charleston County Jail— Appointment, 
Term and Compensation — Other Physicians' Accounts Disallowed. — The 

Governor of this State, for the time being, is authorized and empowered, 
each year, to appoint a physician for the prisoners confined in the jail in 
Charleston County; his attendance to commence on the 10th day of Jan- 
uary, and to continue for one year, and until another appointment shall 
be made as aforesaid. 

He shall receive for such service, including medicine and all other charges, 
the sum of one thousand dollars per annum, to be paid out of the funds of 
said county, and the account of no other physician, surgeon, or apothecary, 
for attendance, operations, or medicines, on the said prisoners, shall be 
allowed or paid. 

Crim. Code, '12, § 940 ; Crim. Code, '02, § 654 ; G. S. 2706 ; R. S. 541 ; 1820, VI, 143 ; 
1879, XVII, 18. 



276 CRIMINAL CODE 

(939) § 19. Buildings and Fences Not to Be Erected on Jail or Court 
House Lots — Exceptions. — If any person shall erect, or cause to be 
erected any dwelling house, outhouse or other building, or shall erect, or 
cause to be erected, any kind of fence, wall, or paling of any kind, on any 
public lot or square, whereon the jails and court houses in the several coun- 
ties are erected, or who may hereafter hold, occupy, or use, any house, out- 
house, or other building erected on such square or lot such person shall, 
for every such offense, upon being thereof legally convicted by indictment, 
be fined in a sum not less than one hundred dollars nor more than one 
thousand dollars : Provided, nevertheless, That the jailers of the respective 
counties, who reside in the jails, shall not be subject to such penalty for 
erecting or using such buildings or fences for their private accommoda- 
tion : Provided, further, That in the County of Richland the County Board 
of Commissioners be, and they hereby are, authorized and allowed to enter 
into a contract with the city of Columbia, whereby the said city shall be 
allowed at its own cost to erect a suitable jail, or jails, upon the jail lot of 
said county, upon such terms and conditions as to the said Board of County 
Commissioners shall seem fit and proper. 

Crim. Code, '12, § 941; 1911, XXVII, 45. 

(940) § 20. County Board of Commissioners May Purchase Blood- 
hounds, Etc. — It shall be the duty of the County Boards of Commissioners 
of the several counties in this State, when in their judgment it is neces- 
sary, to require the Sheriff to purchase a pair of bloodhounds or other ser- 
viceable dogs, to be kept at the Court House, and used as he may deem 
expedient, for the tracking and arrest of escaped convicts and other fugi- 
tive lawbreakers. 

Appropriations for Bloodhounds. — The County Board of Commis- 
sioners of each county are hereby authorized to appropriate the sum of one 
hundred dollars, if so much be necessary, for the purchase of said blood- 
hounds or other serviceable dogs. 

Crim. Code, '12, § 945 ; Crim. Code, '02, § 659 ; 1897, XXII, 427. 

(941) § 21. Houses of Correction for Female Convicts. — The County 
Board of Commissioners of the several counties in this State may provide 
and maintain, in connection with the poor farm, a suitable house of cor- 
rection to which female convicts may be sentenced, except convicts for 
capital offenses, wherein such convicts shall be employed in useful occupa- 
tions. 

Crim. Code, '12, § 967; 1911, XXVII, 146. 

(942) § 22. Sheriff May Employ Detective.— Whenever the Sheriff of 
Marlboro County shall deem it necessary for the proper enforcement of law 
within said county, he may, with the consent of the County Supervisor, 
employ a detective who shall act under his directions : Provided, That be- 
fore any such detective can be employed, the County Supervisor and Sher- 
iff shall agree upon his terms of service and compensation. 

Crim. Code, '12, § 978; 1910, XXVI, 725 



OF SOUTH CAROLINA 277 

CHAPTER XXV. 

State Penitentiary. 

(943) § 1. Who to Be Confined in Penitentiary. — The Penitentiary 
at Columbia, in the County of Richland, shall be the general Peni- 
tentiary and prison of the State, for the reformation as well as the pun- 
ishment of all offenders, in which shall be securely confined, employed, and 
governed, in the manner hereinafter directed, all offenders who shall have 
been convicted and sentenced according to law to the punishment of soli- 
tary imprisonment or confinement therein at hard labor. 

Crim. Code, '12, § 947 ; Crim. Code, '02, § 661 ; G. S. 2710 ; R. S. 546 ; 1868, XIV, 92. 

Persons convicted of assault and battery not to he sentenced to confinement in Penitentiary. State 
V. Hord, 8 S. C. 84. But if so sentenced, remedy is by appeal. Ex parte Bond, 9 S. 0. 80. Ser- 
vice of sentence commences on entry into Penitentiary. Stata %\ Duckett, 15 S. C. 213. 

(944) § 2. Board of Directors Elected by General Assembly — Vacan- 
cies — ^How Filled. — The General Assembly^ shall elect five suitable citizens 
of this State, who shall constitute a Board of Directors of the State Peni- 
tentiary, with a term of office of two years, of which the Governor of the 
State shall be ex officio a member. In case of the death or resignation of 
member of said Board, the Governor is authorized to fill said vacancy dur- 
ing the recess of the General Assembly. 

The Board of Directors shall have power and their duty shall be : 

1. Have General Supervision", Etc. — To have a general supervision of 
the Penitentiary, its inmates, property, etc., and to meet at least once in 
every month, and oftener if necessary, upon the call of the Governor. 

2. Examine Into Discipline. — To examine and inquire into all matters 
connected with the government, discipline and police of the prison, the 
punishment and employment of the convicts therein confined, the money, 
concerns and contracts for work, and the purchases and sales of articles 
provided for the prison, or sold on account thereof, and the progress of 
the work. 

3. Require Reports. — To require reports from the Superintendent and 
Keeper, or other officers of the prison, in relation to any or all the preced- 
ing matters. 

4. Make Regulations. — To make such general regulations for the gov- 
ernment and discipline of the prison, or modify such regulations as may 
have been made by the Superintendent, as they may deem expedient, and 
from time to time to alter and amend the same ; and in making such regu- 
lations, it shall be their duty to adopt such as, in their judgment, while 
consistent with the discipline of the prison, shall best conduce to the 
reformation of the convicts. 

5. Investigations. — To inquire into any improper conduct which may be 
alleged to have been committed by the Superintendent, Keeper, or other 
officer of the prison, and for that purpose, to issue subpoenas to compel the 
attendance of witnesses, and the production before them of books, writing, 
and papers, in the same manner, with like effect, and subject to the same 
penalties for disobedience, as in case of trial before Magistrates ; and to ex- 



278 . CRIMINAL CODE 

amine, iinder oath, any person or persons who may be brought before them 
as witnesses. 

6. Keep Minutes. — To keep regular minutes of their meetings and pro- 
ceedings at the prison, which minutes shall be signed by them and entered 
in a book which shall be kept for that purpose at the prison. 

7. Prescribe Food. — To prescribe the articles of food and quantities of 
each kind that shall be inserted in each contract for the supply of provi- 
sions to the prison. 

8. Suspend or Remove Superintendent. — To suspend or remove, with 
the consent of the Governor, the Superintendent for oppression and mis- 
conduct in office ; such suspension or removal shall not take place without 
giving the Superintendent an opportunity to be heard in his defense. 

9. Make Annual Report to Governor. — To make an annual report to 
the Governor, on or before the ^rst day of November in each year, of the 
state and condition of the prison, the convicts confined therein, of the 
money expended and received, and generally of all the proceedings during 
the last year, to be laid before the General Assembly: Provided, No one 
shall be eligible to the office of Director who has any interest in the hiring 
of convict labor, or who has any direct personal pecuniary interest in any 
work upon which convict labor is employed; and should any Director at 
any time during his term of office become disqualified as above, his office 
shall become ipso facto vacant, and it shall be the duty of the Governor to 
fill the same by appointment, and the Director so appointed shall remain in 
office till the adjournment of the next session of the General Assembly, 
and until his successor shall have been electe:d and qualified. 

10. Report as to Sentences, Condition, Etc., of Convicts to Gov- 
ernor For Executive Clemency. — To inquire and examine into the sen- 
tence under which the convicts in the prison are confined, and also into 
the condition, physical or otherwise, of the convicts so undergoing such 
sentence, and to report to the Governor quarterly, on the first day of 
November, February, May and August in each year, such cases as they may 
deem, after such examination, fit subjects for executive clemency. 

Crim. Code, '12, § 948 ; Crim. Code, '02, § 662 ; G. S. 2711 ; R. S. 547 ; 1868, XIV, 
94; 1878, XVI, 561; 1883, XVIII, 553. 

(945) § 3. Compensation of Directors. — The Directors, for services 
performed under this Chapter, shall receive as compensation four dollars 
per diem for each day of attendance on the meetings of the Board at Co- 
lumbia, and also five cents per mile by the most direct route going to and 
returning from said meetings. 

Crim. Code, '12, § 949 ; Crim. Code, '02, § 663 ; G. S. 2712 ; R. S. 548 ; 1880, XVII, 
374 ; 1893, XXI, 417. 

(946) § 4. Superintendent Elected by General Assembly — Term of 
Ofl&ce. — The State Penitentiary shall be under the direction and govern- 
ment of a Superintendent, to be elected by the General Assembly, who shall 
hold his office for two years. In case the office of Superintendent should 



OF SOUTH CAROLINA 279 

become vacant, such vacancy shall be filled in the mode provided for certain 
other State officers. 

Crim. Code, '12, § 950; Crim. Code, '02, § 664; G. S. 2713; R. S. 549; 1878, XVI, 
702. 

Lipscomb v. Seegers, 19 S. C. 430. 

(947) § 5. Bond of Superintendent. — The Superintendent, before en- 
tering upon the duties of his office, shall take the oath prescribed for 
public officers, and shall give bond, with two or more sufficient sureties, in 
the sum of twenty thousand dollars, to the State of South Carolina, con- 
ditioned for the faithful performance of the duties of his office. 

Crim. Code, '12, § 951 ; Crim. Code, '02, § 665 ; G. S. 2714 ; R. S. 550 ; 1868, XIV, 92. 

(948) § 6. Duties of Superintendent. — It shall be the duty of the 
Superintendent : 

1. To Make Regulations. — To make and establish all such regulations, 
for the due management of the concerns of the Penitentiary, and for the 
government and security of the prisoners therein, as may be necessary and 
proper, and not repugnant to the laws of the State, and the same to alter, 
from time to time, as shall be found expedient, subject, however, to revision, 
alteration, or amendment by the Directors. 

2. Appoint Keeper, Etc. — To appoint and remove at pleasure a keeper, 
such servants and guards as shall be necessary for the due management of 
the prison and safekeeping of the prisoners. 

3. Make Purchases, Etc. — To purchase all provisions and materials and 
other articles necessary for supporting and employing the prisoners, and 
for effecting the objects of the institution. All bills of articles purchased 
for the said institution shall be submitted by the Superintendent to the 
board of directors at their monthly meetings, and upon their approval of 
the same the Superintendent shall draw his order on the Comptroller Gen- 
eral, countersigned by the Chairman of the Board of Directors, in pay- 
ment of said articles purchased. Every bill for articles so furnished shall 
be presented to the Board of Directors at their meeting next ensuing there- 
after. 

4. Repairs. — To make all necessary repairs of .the prison, and superin- 
tend the construction of the work. 

5. Sales. — To make sales of such articles produced in, or belonging to, 
the prison as are proper to be sold. 

6. To Take Charge of Buildings. — To take the charge and custody of 
the buildings, furniture, tools, implements, stock, provisions, and every 
species of property pertaining to the prison belonging to the State. 

7. Disburse Funds. — To receive and pay out all moneys granted by the 
General Assembly, or in any other way accruing for the support of the 
prison and carrying on the work : Provided, however, That all accounts for 
pajonent, including the payroll, shall be submitted to the examination of 
the Directors on the first Monday of every month, and, on their approval 
of the same, he shall draw his order on the Comptroller General, counter- 
signed by the Chairman of the Directors, for the aggregate amount thereof ; 



280 CRIMINAL CODE 

and he shall not draw any order on the Comptroller General without such 
countersignature. He shall pay out all moneys at such times and in such 
manner as the Directors may from time to time direct. 

8. Keep Books. — To keep suitable books, regular and complete accounts 
of all property, expenses, purchases, sales, income, business, and concerns 
of the establishment, and to make such monthly reports to the Directors 
as they may from time to time require. 

9. Report Annually to Directors. — To report to the Directors, on or 
before the fifteenth day of October, annually, a list of the prisoners, the 
commencement and expiration of their several sentences, and a copy of 
the regulations of the prisons. 

10. Report Accounts;, Etc. — To make out and report to the Directors, 
and to the Comptroller General, on or before the fifteenth day of October, 
annually, minute statements of all his accounts and doings up to that 
time, 

11. Suppress Disorders. — To suppress any disorders, riots, or insurrec- 
tion that may take place among the prisoners. 

12. Appoint Physicians — Salary. — To appoint a physician for the 
prison, who shall receive such salary as may be provided by law. 

Crim. Cede, '12, § 952; Grim. Code, '02, § 666; G. S. 2712; R. S. 551; 1875, XV, 
965; 1868, XIV, 93; XVII, 373; 1894, XXI, 815. 
State V. Neal, 59 S. C. 264, 37 S. E. S26. 

(949) § 7. May Require Aid to Suppress Disorders. — In order to 
suppress any disorders, riots, or insurrection among the prisoners, the Su- 
perintendent may require the aid and assistance of any of the citizens of 
the State. 

Grim. Code, '12, § 953 ; Crim. Code '02, § 667 ; G. S. 2716 ; R. S. 552 ; 1868, XIV, 94. 

(950) § 8. Penalty for Refusal to Aid Superintendent. — If any per- 
son, when so" required by the Superintendent, shall neglect or refuse to 
give such aid and assistance, he shall pay a fine not exceeding fifty dollars. 

Grim. Code, '12, § 954 ; Crim. Code, '02, § 668 ; G. S. 2717 ; R. S. 553 ; 1868, XIV, 94. 

(951) § 9. Compensation to Those Aiding Superintendent. — Any per- 
son so aiding and assisting the Superintendent shall receive a reason- 
able compensation therefor, to be paid by the Superintendent, and allowed 
him on the settlement of his account. 

Grim. Code, '12, § 955 ; Grim. Code, '02, § 669 ; G. S. 2718 ; R. S. 554 ; 1868, XIV, 94. 

(952) § 10. Superintendent Guiltless if Injury Results to Persons 
Aiding. — If, in suppressing any such disorder, riot, or insurrection, any 
person who shall be acting, aiding, or assisting in committing the same, 
shall be wounded or killed, the Superintendent, Keeper, or any person 
aiding or assisting him, shall be held, as justified and guiltless. 

Crim. Code, '12, § 956 ; Crim. Code, '02, § 670 ; G. S. 2719 ; R. S. 555 ; 1868, XIV, 04. 

(953) § 11. Powers of Keeper. — In the absence of the Superintendent, 
the Keeper shall have the same power in suppressing disorders, riots, and in- 



OF SOUTH CAROLINA 281 

siirrections, and in requiring aid and assistance in so doing, that is herein 
given to the Superintendent. 
Crim. Code, '12, § 957 ; Crim. Code, '02, § 671 ; G. S. 2720 ; R. S. 556 ; 1868, XIV, 94. 

(954) § 12. Prisoners Sentenced by United States Authorites to Be 
Received. — The Superintendent shall receive and safely keep at hard 
labor, in the prison, all prisoners sentenced to confinement, at hard labor 
therein, by the authority of the United States, until they shall be dis- 
charged agreeably to the laws of the United States. 

Crim. Code, '12, § 958 ; Crim. Code, '02, § 672 ; G. S. 2721 ; R. S. 557 ; 1868, XIV, 94. 

(955) § 13. Suits at Law to Be Brought in the Name of Superintend- 
ent of Penitentiary. — All actions or suits at law accruing to the Peniten- 
tiary shall be brought in the name of the Superintendent thereof, who shall 
also appear for and defend actions or suits at law in which it is the interest 
of the Penitentiary to appear as a party defendant : Provided, That no 
suit or action of law shall be brought for or defended on behalf of the 
Penitentiary, except by authority of the Board of Directors. 

Crim. Code, '12, § 959; Crim. Code, '02, § 673; G. S. 2722; R. S. 558; 1882, XVIII, 
2.55. 

(956) § 14. Chaplain to Be Appointed. — The Superintendent of the 
prison may appoint a Chaplain, who may be furnished with quarters within 
or near the enclosure, whose duty it shall be, on every Sabbath, and as 
often as the rules will permit, to perform in the prison such religious ser- 
vices as are usually performed in the churches of this State, and attend 
to instruct the prisoners in their moral and religious duties, and visit the 
sick on suitable occasions ; and to visit the Reformatory in Lexington 
County once on Sunday to conduct religious services or Sunday school for 
the prisoners confined there; said Chaplain shall receive as compensation 
seven hundred and fifty dollars per annum. 

Crim. Code, '12, § 960; Crim. Code, '02, § 674; G. S. 2723; R. S. 559; 1868 XIV, 94; 
1880, XVII, 374 ; 1893, XXII, 417 ; 1903, XXIV, 123. 

(957) § 15. Chaplain of Penitentiary to Visit Reformatory — Com- 
pensation. — The Chaplain of the Penitentiary shall visit the Reformatory, 
in Lexington County, at least once each Sunday for the purpose of holding 
divine service and Sunday school for the benefit of the youthful criminals 
therein confined; and for such service he shall receive an annual salary. of 
one hundred and fifty dollars a jea,r, to be paid as the salary of the 
State officers, in addition to the compensation now allowed him by law. 

Crim. Code, '12, § 961 ; 1903, XXIV, 123. 

(958) § 16. Salary of Superintendent, Physician and Captain of 
Guard, Etc.— The Superintendent shall receive a salary of two thou- 
sand five hundred dollars per annum ; the Physician and Captain of the 
Guard, each one thousand and fifty dollars per. annum ; and the other offi- 
cers and employees, such compensation as may be fixed by the Superin- 
tendent and approved by the Board of Directors, unless otherwise pro- 
vided by law. The salaries of the Superintendent, Chaplain, Physician 
and Captain of the Guard, and of all other officers and employees of the 



282 CRIMINAL CODE 

Penitentiary, shall be paid directly out of the earnings and funds of that 
institution. 

Crim. Code, '12, § 962; Crim. Code, '02, § 675; G. S. 2724; R. S. 560; 1868, X^^ 
95; 1879, XVII, 132; 1880, XVII, 374; 1893, XXI, 418; 1894, XXI, 751; 1919. XXXI, 
101. 

(959) § 17. Penalty for Connivance at Escape. — If any person em- 
ployed in keeping, taking care of, or guarding the Penitentiary, or the 
prisoners therein, shall contrive, procure, connive at, or otherwise volun- 
tarily suffer or permit the escape of any such prisoner or prisoners, he, 
on conviction thereof, shall be confined at hard labor in the Penitentiary 
not exceeding twenty years. 

Crim. Code, '12, § 963 ; Crim. Code, '02, § 676 ; G. S. 2725 ; R. S. 561 ; 1868, XIV, 95. 

(960) § 18. Transportation, Etc., for Discharged Convicts — Pay- 
ments Of. — Whenever a convict shall be discharged from the Penitentiary 
it shall be the duty of the Superintendent to furnish such convict with a 
suit of common clothes, if deemed necessary, and transportation from the 
Penitentiary to his home, or as near thereto as can be done by public con- 
veyances. 

Crim. Code, '12, § 964 ; Crim. Code, '02, § 677 ; G. S. 2726 ; R. S. 562 ; 1868, XIV, 69. 

The cost of such transportation and clothes shall be paid at the treasury, 
on the draft of the Superintendent, countersigned by the Comptroller 
General. 
Crim. Code, '12, § 964 ; Crim. Code, '02, § 678 ; G. S. 2727 ; R. S. 563 ; 1868, XIV, 69. 

(961) § 19. Guards, Etc., Exempt from Jury Duty, Etc. — All guards, 
keepers, employees, and other officers that are now, or may hereafter be, 
employed at the Penitentiary, shall be exempted from serving on juries, 
and from military, road or street duty. 

Crim. Code, '12, § 965 ; Crim. Code, '02, § 679 ; G. S. 2728 ; R. S. 564 ; 1872, XV, 232. 

(962) § 20. Costs of Maintaining Convicts by State Institutions. — 

Any institution of this State getting convicts from the State Penitentiary 
by any Act or Joint Resolution of the General Assembly of this State shall 
be required to pay to the Superintendent of the Penitentiary all moneys 
expended by him for transportation, guarding, clothing and feeding said 
convicts while working for said institutions, and also for medical attention, 
and the officer or officers in charge of said institutions shall also execute 
and deliver to said Superintendent of the Penitentiary, at the end of each 
year, a receipt for five dollars and fifty cents per month for the work of 
each convict so employed. 
Crim. Code, '12, § 974 ; Crim. Code, '02, § 687 ; 1897, XXII, 493. 

Clemson College to Pay for All Convicts Used. — Clemson Agricul- 
tural and Mechanical College is required to pay to the Board of Directors 
of the State Penitentiary hire for all convicts used by said college, at the 
rate of six dollars per month, and to pay the cost of clothing, feeding and 
guarding said convicts while so used ; and also to pay the transportation 
of said convicts and guards back and forth from the Penitentiary to Clem- 
son College. 

Crim. Code. '12, § 974 ; 1908, XXV, 1201. 



OF SOUTH CAROLINA 283 

(963) § 21. Rewards for Capture of Escaped Convicts, and Payment 
of Expenses. — The Superintendent of the Penitentiary is authorized and 
required to offer a reward of twenty-five dollars for the capture of each 
escaped convict, and besides said reward, to pay to any person who cap- 
tures and returns to the Penitentiary any escaped convict, five cents per 
mile each for said person and convict, and any reasonable allowance for 
expenses for board during the travel to the Penitentiary. 

Crim. Code, '12, § 976 ; Crim. Code, '02, § 689 ; G. S. 2734 ; R. S. 570 ; 1882, XVII. 
952. 

(964) § 22. Penalty for Harboring or Employing Escaped Convicts 

— Whoever shall harbor or employ any escaped convict, knowing him to 
be such, shall be deemed guilty of a misdemeanor, and, upon conviction 
thereof, shall be fined or imprisoned, or both fined and imprisoned, in the 
discretion of the Presiding Judge. 

Crim. Code, '12, § 979 ; Crim. Code, '02, § 691 ; G. S. 2736 ; R. S. 572 ; 1882, XVII, 
953. 

(965) § 23. May Purchase or Lease Farms.- — The Superintendent and 
Board of Directors of the Penitentiary are authorized, in their discretion, 
to purchase or lease, out of the surplus earnings of the Penitentiary, one 
or more farms in any part of the State, due regard being had to the rea- 
sonable healthfulness of the locality. 

Crim. Code, '12, § 982 ; Crim. Code, '02, § 694 ; R. S. 575 ; 1885, XIX, 74. 

(966) § 24. Violations of Law to Be Prosecuted.— It shall be the 
duty of the Superintendent and Board of Directors, and they are hereby 
required, to prosecute all violations of the law in reference to the treat- 
ment of convicts. 

Crim. Code, '12, § 983 ; Crim. Code, '02, § 695 ; R. S. 576 ; 1885, XIX, 74. 

(967) § 25. Clerks to Notify Superintendent of Penitentiary of Num- 
ber of Convicts — Guards Sent. — It shall be the duty of the Clerks of the 
Court of General Sessions and Common Pleas of the several counties in this 
State, and they are severally hereby directed, immediately after the ad- 
journment of the Court of General Sessions, in their respective counties, 
to notify the Superintendent of the Penitentiary of the number of con- 
victs sentenced by the Court to imprisonment in the State Penitentiary; 
and it shall be the duty of the said Superintendent as soon as he receives 
said notice to send a suitable number of guards to convey said convicts 
to the Penitentiary. 

Crim. Code, '12, § 986 ; Crim. Code, '02, § 698 ; G. S. 579 ; 1886, XIX, 486. 

(968) § 26. Expenses of Transportation — How Paid. — No sum 

beyond the actual - expenses incurred in conveying such convicts to the 
Penitentiary shall be allowed for such services, which said sum shall be 
paid to the Superintendent by the State Treasurer upon the warrant of 
the Comptroller General. 

Crim. Code, '12, § 987 ; Crim. Code, '02, § 699 ; R. S. 577 ; 1886, XIX, 486. 

(969) § 27. Governor May Suspend Sentence or Parole Prisoner. — 

In any case that may be deemed proper by the Governor, he may suspend 



284 CRIMINAL CODE 

sentence or parole any prisoner upon such, terms or conditions as lie may 
deem just in the exercise of executive clemency. 
Crim. Code, '12, § 9S8 ; 1909, XXYI, 121. 

(970) § 28. Capital Punishment to Be by Electrocution. — AH per- 
sons convicted of capital crime and have imposed upon them the sentence 
of death shall suffer such penalty by electrocution within the walls of the 
State Penitentiar}", at Columbia, under the direction of the Superintend- 
ent of the Penitentiary instead of by hanging. 

1912, XXVII, 702. 

State V. Malloy, 95 S. C. 441, 78 S. E. 995; State v. Vaiighn, 95 S. C. 455, 79 S. E. 312. 

(971) § 29. Penitentiary Directors to Provide for Same — County to 
Pay Cost of Transporting Criminal to Place of Execution. — The Board 
of Directors of the State Penitentiary are authorized and required to 
provide a death chamber and all necessary appliances for inflicting such 
penalty by electrocution and pay the costs thereof out of any funds in their 
hands. The expense of transporting any such criminal to the State Peni- 
tentiary shall be borne by the county in which the offense was committed. 

1912, XXVII, 702. 

(972) § 30. Judges to Impose Sentence in Conformity — Sheriff to 
Convey Prisoner to State Penitentiary for Execution. — Upon the con- 
viction of any person in this State of a crime, the punishment of which is 
death, it shall be the duty of the Presiding Judge to sentence such con- 
victed j)erson to death according to the provisions of Section (970), and 
to make such sentence in writing, which shall be filed with the papers in 
the case against such convicted person, and a certified copy thereof shall be 
transmitted by the Clerk of the Court of General Sessions in which said 
sentence is pronounced to the Superintendent of the State Penitentiary, 
at Columbia, not less than ten days prior to the time fixed in the sentence of 
the Court for the execution of the same, and in all cases it shall be the 
duty of the Sheriff of the county in which such convicted person is so sen- 
tenced, together with one deputy or more, if in his judgment it is necessary, 
to convey such convicted person to the Penitentiary, at Columbia, to de- 
liver him or her to the Superintendent of the State Penitentiary not more 
than twenty days nor less than two days prior to the time fixed in the judg- 
ment for the execution of such condemned person, unless otherwise directed 
by the Governor, or unless a stay of execution has been caused by appeal, 
or granting of a new trial, or other order of Court of competent jurisdiction. 

1912, XXVII, 702. 

(973) § 31. Who may Witness Execution. — At such execution there 
shall be present the executioner and at least two assistants, the Peniten- 
tiary surgeon and one other surgeon, if the condemned person so desires, 
an electrician, the condemned person's counsel and relatives, if they so 
desire, ministers of the gospel, not exceeding three, if they so desire, and 
not less than twelve nor more than twenty-four respectable citizens of this 
State, to be designated by the executioner. 

1912, XXVII, 702. 



OF SOUTH CAROLINA 285 

(974) § 32. Executioner to Certify to Execution. — The executioner 
and the attending physician shall certify the fact of such execution to 
the Clerk of the Court of General Sessions in which such sentence was 
pronounced, which certificate shall be filed by the Clerk with the papers in 
the case. 

1912, XXVII, 702. 

(975) § 33. Disposition of the Body — Proviso. — The body of person 
so executed shall be delivered to relatives ; and in case no claim is made by 
relatives for such body the same shall be disposed of as bodies of convicts 
dying in the State Penitentiary: Provided, That if nearest relatives of 
persons so executed desire, that body be carried to former home, if in the 
State, the expenses for such transportation shall be paid by Penitentiary 
authorities, who shall draw their warrant upon County Treasurer of county 
from which said convict came and said County Treasurer shall pay same and 
charge to item of Court expenses. 

1912, XXVII, 702. 

(976) § 34. Supervisors May Use Certain Convicts. — The County 
Supervisor from each county in the State may be allowed to use any of the 
convicts he may select, sentenced from his county to the State Penitentiary, 
without charge, for the purpose of working the roads of his county, and for 
such other purposes as he may deem proper. Said convicts shall be under 
the absolute custody and control of the Supervisor and whatever guards 
he may appoint. 

1914, XXVIII, 626. 

White et. al. v. Sanders, 114 S. C. 54; 103 S. E. 86. 



CHAPTER XXVI. 

Reformatories. 

(977) § 1. State Board Public Welfare Created— Appointment 
of Members — Term — Oath — Vacancies. — There is hereby created a State 
Board of Public Welfare, to consist of seven members, as follows : The Gov- 
ernor, ex efficio, who shall be chairman, and six other members to be ap- 
pointed by the Governor with the advice and consent of the Senate, the 
appointive members to serve one, two, three, four, five and six years, re- 
spectively, and thereafter upon the expiration of the term of a member 
his successor shall be appointed for a term of six years. Each member of 
the Board shall, before entering upon the discharge of his duties, take 
an oath for the faithful performance of the duties of his office. In case of 
a vacancy on said Board, by death, resignation, removal or otherwise, the 
Governor shall appoint some person for the unexpired term. No director, 
officer or employee of any institution subject to the terms of this Chapter 
shall be a member of this Board. 

1920, XXXI, 999. 

(978) § 2. Removal of Members.^-Any member of the Board of Pub- 
lic Welfare may at any time be removed by the Governor for cause. The 
failure of a member to attend two consecutive meetings of the Board, 



286 CRIMINAL CODE 

unless excused by the Governor, shall have the effect of the resignation 
of such non-attending member. 
1920, XXXI, 999. 

(979) § 3. Meetings — Powers Devolved. The Board shall hold reg- 
ular meetings in February, May, August and November of each year, 
and oftener if required, and make such rules, orders and regulations as 
may be necessary for the government and control of all penal and charitable 
institutions and activities of the State, hereinafter provided for, that it 
may deem advisable. It shall succeed to all the duties, powers and au- 
thority now held and exercised by the State Board of Correctional Admin- 
istration, the State Board of Charities and Corrections and the Board of 
Regents of the State Hospital for the Insane, in so far as the duties and 
powers of the Board of Regents relate to the State Training School for 
the Feeble-Minded. 
1920. XXXI, 999. 

- (980) § 4. Appointment of Superintendents and Warden — Employees 
— Bond of Superintendents — Secretary of Board — Powers — Bond. — The 

Board of Public Welfare herein created shall appoint a Superintendent of 
the South Carolina Industrial School for White Boys, a Superintendent of 
the State Industrial School for White Girls, a Warden for the State 
Reformatory for Negro Boys, and a Superintendent for the State Train- 
ing School for the Feeble-Minded, to serve during the pleasure of the 
said Board. Each of the said superintendents shall have power in his 
discretion to employ such officers and employees to serve under him as 
may be necessary and authorized by the Board of Public Welfare. Each 
of said superintendents shall enter into bond, with sufficient surety, ap- 
proved by the Board of Public Welfare, in such amount as the Board may 
determine, conditioned on the faithful performance of the duties of his 
office. The Board of Public Welfare shall appoint a secretary, at a salary 
of thirty-five hundred ($3,500.00) dollars per annum, who shall be the 
executive officer of the Board, and who shall perform such duties as the 
board may prescribe. The said secretary shall succeed to all duties, powers 
and authority now held and exercised by the secretary of the State Board 
of Charities and Corrections, He shall furthermore take an oath for the 
faithful performance of the duties of his office, and shall enter into bond 
in such amount as the Board may determine, conditioned on the faithful 
performance of the duties of his office. No person while a member of the 
Board of Public Welfare, or within twelve months after his retirement 
therefrom, shall be eligible to the position of secretary. 
1920, XXXI, 999. 

(981) § 5. Disbursement of Appropriations. — That the funds appro- 
priated by the General Assembly for the various institutions and activities 
included within the terms of Sections (977) to (983) shall be paid b}^ the 
State Treasurer on warrants of the Comptroller General, but no warrants 
shall be issued except upon vouchers approved by the Governor and the 
Secretary of the Board. 
1920, XXXI, 999. 



OF SOUTH CAROLINA 287 

(982) § 6. Expenses of Members. — The appointive members of the 
Board herein created shall receive no compensation, but shall be entitled 
to receive actual expenses while in attendance upon the meetings of the 
Board. 

1920, XXXI, 999. 

(983) § 7. State Board of Charities and Corrections and State Board 
of Correctional Administration Abolished. — The State Board of Charities 
and Corrections and the State Board of Correctional Administration are 
hereby abolished. 

1920, XXXI, 999. 

(984) § 8. Visitorial Powers and Duties.— The Board of Public Wel- 
fare is hereby empowered and authorized, and it shall be its duty as a 
whole or by a committee of its members or by its secretary or assistant 
secretary, to visit, inspect and examine once a year, or oftener, the State, 
county, municipal and private institutions which are of an eleemosynary, 
charitable, correctional or reformatory character, or which are for the care, 
custody or training of the defective, dependent, delinquent or criminal 
classes, except that the hospitals for the insane, the penitentiary and the 
reformatories shall be visited as often as once in six months and by at least 
two members of the Board ; it shall also inspect and report upon the work- 
ings and results of chartered institutions or associations engaged in the 
care and protection of homeless, dependent, defective and delinquent chil- 
dren or adults. The Board shall make reports regarding the condition of 
said institution or associations, the care of their inmates, the efficiency 
of their administration and such other matters pertaining thereto as it may 
deem proper. All reports shall be duly signed and filed in the office of the 
Board and copies thereof transmitted to the chairman of the Boards of 
Supervisors in the counties and Chairmen of the Councils in cities and the 
officials who are in charge of the institutions. That the officers and all 
other persons in charge of, or connected in any way with, the administra- 
tion or management of such public institutions are hereby required to fur- 
nish to the Board, or its committee, secretary or assistant, such information 
and statistics as may be required and allow said Board, its committee, sec- 
retary or assistant secretary or other agents of the Board, full and free access 
to all inmates and departments of such institutions and to all their records 
for the purposes of this Section. That with a view of increasing the 
efficiency of public officials and bringing institutions for the care and 
custody of the dependent, defective and delinquent classes up to a high 
and modern standard, the Board shall cause to be distributed among such 
officials literature bearing upon subjects embraced under this Section: 
Provided, however, That the provisions of this Section shall not be con- 
strued to apply to the South Carolina School for the Deaf and Blind, 
located at Cedar Springs. 

1915, XXIX, 132; 1920, XXXI, 749. 

(985) § 9. Reports of Superintendents and Chief Officers — Sugges- 
tions to Certain Officials. — Every Superintendent or chief officer having 
in charge a hospital, penitentiary, prison, farm, reformatory, almshouse, 



288 CRIMINAL CODE 

jail, or other institution within the provisions of the preceding Section, 
shall make quarterly reports to the Board containing such information and 
in such form as said Board may prescribe. That the purposes of this Sec- 
tion may be carried out, the members of the said Board and its secretary 
shall confer with and suggest any matters of importance to of&cials con- 
nected with the institutions under their supervision. 
1915, XXIX, 132. 

(986) § 10. Plans for New Jails, Etc., Submitted to Board.— All plans 
for new jails, reformatories and almshouses shall, before the adoption of 
the same by the county or city authorities, be submitted to said Board, who 
shall promptly return the same with such suggestions and recommendations 
as it may deem reasonable and proper. 

. 1915, XXIX, 132. 

(987) § 11. Local Committee of Visitors — Duties of Committee. — For 

each county or city there shall be appointed by the said Board a local com- 
mittee of visitors, consisting of three persons, one of whom shall be a mem- 
ber of the local Board of Health, and one of whom may be a woman, to 
aid the Board in its work. The duty of said committee shall be to visit 
and inspect as often as it may deem advisable or upon request of the Board, 
and to report annually or upon request to the Board any matters of im- 
portance respecting the jails and almshouses in any such county or city, 
and to encourage and aid the local authorities in maintaining such institu- 
tions in an efficient manner. The members of such committees shall receive 
no compensation, but shall be provided by said Board with all necessary 
stationery and forms for keeping proper records and making their reports 
to the Board. 
1915, XXIX, 132. 

(988) § 12. Board to Collect Certain Statistics.— The said Board 
shall collect, compile and publish statistics regarding the dependent, de- 
fective and delinquent classes both in and out of institutions, within the 
State, and such other data as may be of value. 

1915, XXIX, 132. 

(989) § 13. Annual Report to the Governor — Copy of Report Filed 
With Clerk of Court of Each County. — The Board shall annually, not 
later than December first, in each year, make to the Governor a full and 
complete report of its acts and doings during the preceding year, stating 
in detail all expenses incurred, all officers and agents employed and show- 
ing the actual condition, care of inmates and other pertinent matters witli 
such recommendations as may be deemed proper to be submitted to the Gen- 
eral Assembly. The Board shall. file a copy of said annual report in the 
office of the Clerk of Court of each county and in the office of the Clerk 
of each municipality in this State and shall also transmit copies thereof 
to each State institution embraced by Section (984). The said Board shall 
make reports as often as once a month to the State Board of Health on all 
matters that are subject to the jurisdiction of said Board of Health so that 
they may be kept constantly informed of these matters. 

1915, XXIX, 132. ■ 



OF SOUTH CAROLINA 289 

(990) § 14. Board to Make Investigations— Powers — Designated by 
the Governor. — 'Whenever the Governor considers it proper or necessary 
to investigate the management of any institution receiving aid from the 
State and required to be inspected under the provisions of this Chapter, 
he may direct the Board of Public Welfare, or any committee thereof des- 
ignated by the Governor, to make said investigation, and said committee 
as a Board have the power to administer oaths and to summon officers, em- 
ployees or other persons to attend as witnesses and to enforce their at- 
tendance, and to compel them to produce documents and give evidence. 

1915, XXIX, 132 ; 1920, XXXI. 999. 

(991) § 15. Duties of Board in Regard to Support of Inmates of 
State Hospital. — The Board of Public Welfare, through one or more of 
its agents, shall investigate the financial condition of the inmates now in the 
State Hospital for the Insane, or hereafter committed or admitted, or apply- 
ing for commitment or admission thereto, and of the relatives liable for 
the support of such inmates, in order to determine the ability of any inmate 
or such relative to make payment in whole or in part for the support of 
the said inmate : Provided, That in all cases due regard shall be had for 
others who may be dependent for support upon the estate of said inmate. 

1915, XXIX, 132. 

(992) § 16, Powers of Agent Making Investigations — Payment of 
Money for Support of Inmates — Attorney General's Duty as to CoUec- 
tionsi — Cashier — Appointment — Duties. — Such agent, in making inves- 
tigations, shall have power to subpoena witnesses, taking testimony under 
oath, to examine any public records relating to the estate of an inmate or 
of a relative liable for his or her support. All his information, conclu- 
sions and recommendations shall be submitted to the Board of Regents for 
the State Hospital. The Board, or committee thereof, appointed for that 
purpose, shall determine whether such relative shall be required to pay for 
the support of such inmates or whether such charges shall be made against 
the estate of such inmate. An order shall be issued to the persons who are 
determined liable for such payments, requiring them to pay monthly, quar- 
terly or otherwise, as may be arranged, to the Board such amount as it or 
the committee shall deem proper, but no order shall be issued compelling 
payment for an inmate prior to May 2, 1915. The Board shall make 
all reasonable and proper efforts to collect such amounts, and in case of 
inability to collect for a period of six months the Attorney General, upon 
the recommendation of the State Board of Regents, shall direct the prose- 
cuting attorney of the proper county to collect or institute civil action 
in the name of the State of South Carolina to recover the amount due, with 
interest and the cost of the action. All moneys received, as herein pro- 
vided, by suit instituted, shall be paid to the State Treasurer and placed 
in the general revenue fund and a separate account kept thereof. The 
Board shall appoint a competent person as cashier to receive and account 
for all moneys collected and to perform such other duties as may be assigned 
him. 

1915, XXIX, 132. 

20 C L 



290 CKIMIXAL CODE 

(993) § 17. Board May Cancel or Modify Order to Make Payment 
for Support of Inmate. — Any person ttIio has been ordered to make pay- 
ment for the support of an inmate may petition the State Board of Public 
Welfare for a release from, or modification of. such order, and said Board, 
after investigation by the agent, may cancel or modify such former order. 
The Board shall at any time for due cause have the power to increase 
the amount previously ordered paid. 

191.5. XXIX, 132. 

(994) § 18. Superintendents Required to Furnish Board of Regents 
With Information. — The superintendents of the State institutions shall 
submit to the Board of Regents such information as they may obtain con- 
cerning the financial condition of any inmate or of relatives liable for his 
or her support. 

191.5, XXIX, 132. 

(995) § 19. When Estate is Sufficient for Support — Appointment of 
Committee. — In case the estate of an inmate is sufficient for his or her 
support, without hardship to any others who may be dependent thereon, 

and no committee has been appointed for such estate, the agent shall peti- 
tion the Probate Court of the proper county to appoint a committee. 
1915, XXIX, 132. 

(996) § 20. Assistant Agents Provided For. — In order to facilitate 

the investigation of the financial condition of the inmates in such State in- 
stitutions, and of persons liable for their support, one assistant agent may 
be employed. 

1915. XXIX. 132. 

(997) § 21. Fujrther Provisions in Regard to Support of Inmates — 
Duties of Executors and Administrators. — Upon the death of a person 
who is an inmate, or has been an inmate since February 20th, 1915, of said 
institution, and who is possessed of property, it shall be the duty of the 
executor or administrator to ascertain from the State Board of Public 
TTelfare whether the deceased person was supported while an inmate, and 
if not, the Board may present a claim for support, or for the balance due in 
case less than the minimum rate had been paid. Such claim shall be al- 
lowed and paid as other lawful claims against the estate : Provided, That 
the Board may waive the presentation of any claim when, in their judg- 
ment, an otherwise dependent person would be directly benefited by the 
estate. It shall be lawful for the Board to accept from a guardian, com- 
mittee or trustee of an inmate a contract agreeing to pay to the State from 
the property of his ward before or after death of his ward a fixed annual 
amount for the support of such ward while an inmate, and with interest 
at four per cent, per annum. A copy of such contract shall be filed in 
the Probate Court of the proper county, and duly entered as a part of the 
records concerning such ward. 

1915. XXIX. 132. 

(998) § 22. Industrial School Established.— There is hereby estab- 
lished under the care of this State a Reformatory and Industrial School, 



OF SOUTH CAROLINA 291 

imcler the name and style of South Carolina Industrial School, which is 
hereby declared to be a body corporate, and as such may sue and be sued, 
plead and be impleaded, in its corporate name, and may have and use a 
common seal, which it may alter at its pleasure, and shall have the right 
to acquire, by purchase, deed, devise, bequest or otherwise, such property, 
real and personal, as may be necessary or proper for its purposes, and 
may have and exercise all such powers and privileges as may be necessary 
or proper for carrj-ing out the purposes of its organization, as herein de- 
clared. The Board of Public "Welfare are hereby authorized and empow- 
ered in their discretion to purchase and pay for, or to lease one or more 
farms in any part of the State, due regard being had to the reason- 
able healthfubiess of locality, and to use any money on hand, or that may 
accrue out of the profits of said Industrial School to purchase and pay 
for said farm or farms, and to defray the expenses incurred in providing 
such buildings, stockades, and other appurtenances to the said school as 
in their judgment and discretion may be advisable: Provided, That the 
amount so expended shall not exceed fifty thousand dollars. 
Crim. Code, '12, § 990 ; 1906, XXI, 133 ; 1916, XXIX, 8S4. 

(999) § 23. Management of School. — The business, property and 
affairs of said corporation shall be under the management and control of 
the State Board of Public Welfare. 

Crim. Code, '12, § 991 ; 1906, XXV, 133 ; 1920, XXXI, 999. 

(1000) § 24. Procedure for Commitment and Dismissal of Boys. — 

Wliite boys between their eighth and seventeenth year may be voluntarily 
committed to said institution by their parents or guardians, or the persons 
having such boys in charge, or who, having no parent or guardian, or other 
person to care for them, may voluntarily conunit themselves to its keep- 
ing: Provided, That in the case of boys committed otherwise than upon a 
conviction of crime, the warrant of commitment shall not be valid until 
approved and endorsed in writing by a Judge of the Circuit Court, or Pro- 
bate Court, or a Judge of a County Court, of this State, at chambers 
or otherwise, after careful investigation : Provided, Said Board of Public 
Welfare may, in their discretion, require the payment of reasonable sums 
to provide for the maintenance and tuition of boys voluntarily committed. 
Any commitment under this Section, whether by Judge, Magistrate, parent 
or guardian, or by any other person having in charge the said boy, or by the 
said boy himself, if he has no person to care for him, shall be full and 
sufficient authority to the trustees, officers and agents of said school for 
the detention and keeping therein of the boy so committed. Any boy 
committed to said institution under the provisions of Sections (998) to 
(1002), inclusive, shall be kept therein until he arrives at the age of twen- 
ty-one years, unless sooner dismissed therefrom by order of the Board of 
Public Welfare, upon the recommendation of the Superintendent of said 
school or upon the hearing of an application or petition presented to 
said Board at a meeting thereof. From the time of the lawful recep- 
tion of any boy into said institution, and during his stay therein, said 
institution shall have exclusive care, custody and control of said boy, 
and said Board shall cause said boy to be instructed in such branches of 



292 CRIMINAL CODE 

useful knowledge as may be suited to liis years and capacity, and said 
Board shall also cause said boy to be taught a useful trade or other means 
of earning an honest livelihood. Any boy committed under the terms of 
said Sections to said institution shall be conveyed by the Sheriff, Deputy 
Sheriff, or persons appointed by the Sheriff of the county in which such 
boy resides, to the said institution at Florence, and the expense of such 
conveyance and delivery shall be borne by such county: Provided, That 
the Judge who commits or approves the commitment may in his discretion 
order that such boy be sent to said institution without the attendance of 
an officer or in such manner as may be advisable. 
Crim. Code, '12, § 993 ; 1906, XXV, 133 ; 1916, XXIX, 886. 

(1001) § 25. When Boys May Be Committed by Courts. — When any 
white boy between his eighth and seventeenth birthday shall be indicted for 
any crime, before he is tried, by consent of his parents or guardian or 
person having lawful custody of him, the Judge or Magistrate before whom 
he is indicted may commit such boy to the Industrial School for training 
and education, or if after trial and conviction in lieu of sentence for pun- 
ishment of such crime, the Presiding Judge or Magistrate may commit such 
boy to said Industrial School until released by order of the Board of 
Public Welfare, or until released under the terms of the preceding Section. 

Crim. Code, '12, § 994; 1906, XXV, 133; 1910, XXVI, 756; 1912, XXVII, 530. 

(1002) § 26. Leave on Probation. — The said Board shall have power 
to permit the boys to leave said school, on parole or probation, during such 
period of time as said Board may deem advisable. 

Crim. Code, '12, § 995; 1906, XXV, 133. 

(1003) § 27. Support of School. — All expenses of maintaining said re- 
formatory at Florence shall be borne by the State, except such sums as may 
be paid by the parents or guardians of certain boys. 

Crim. Code, '12, § 997; 1906, XXV, 133; 1912, XXVII, 530. 

(1004) § 28. Provision for Transfer of Inmates of Industrial School to 
Hospital for Insane. — Whenever any inmate of the South Carolina In- 
dustrial School, located at Florence, in the County of Florence, is found 
demented or insane, this fact being determined as now provided by law in 
such cases, such inmate shall be forthwith conveyed by the said school to 
the State Hospital for the Insane for care and treatment, and the expenses 
therefor shall be borne by the county from which such inmate has been 
committed. 

1914, XXVin, 666. 

(1005) § 29. Penitentiary to Use Part of Lexington State Farm for 
Reformatory. — The Board of Directors and Superintendent of the State 
Penitentiary are hereby authorized and required to set apart so much of 
the State farm, in the County of Lexington, as may be necessary for a 
Keformatory, exclusively for colored boj^s. They shall also provide suitable 
buildings and stockade for the safekeeping and comfort of persons sentenced 
thereto. 



OF SOUTH CAKOLINA 293 

Monet That May Be Used. — The Superintendent of the Penitentiary 
is authorized to use any money on hand, or that may accrue out of the 
profits of the State Penitentiary, to defray the expenses incurred in pro- 
viding such buildings and stockade and other appurtenances to the State 
Reformatory farm. 

"Warden or 0\t:rseer — How Appointed. — He shall also appoint as 
warden or overseer, a person who, from practical experience, possesses the 
ability and qualifications necessary to successfully carry on the indus- 
tries of the Reformatory, and to enforce and maintain proper discipline 
therein, and shall remove the same at will. Salary of the warden shall 
be paid of the profits of the State Penitentiary. 

Rules for Government. — The Board of Directors and Superintendent 
of the Penitentiary shall make rules and regulations for the government 
of the Reformatory. 

"Who Shall Be Placed in Reformatory. — The Superintendent of the 
Penitentiary shall place in the Reformatory all male criminals, other than 
white boys, under sixteen years of age, who shall be legally sentenced to 
said Reformatory on conviction of any criminal offense in any Court having 
jurisdiction thereof and punishable by imprisonment in the State Peni- 
tentiarj^ He shall also remove all such convicts now in the Penitentiary 
as soon as existing circumstances will allow. The discipline to be observed 
in the said prison shall be reformatory, and the warden shall have power 
to use such means of reformation, consistent with the improvement of the 
inmates, as may be prescribed by the Board and Superintendent. The 
Superintendent shall provide for the instruction of the inmates in morals 
as well as useful labor. 
Crim. Code. '12. § 989 ; Crim. Code. -02. § 700 ; 1900, XXIII, 443 ; 1906, XXIY, 133. 

(1006) § 30. Reformatory for Colored Boys. — The Reformatory now 
in operation on the State Farm, in Lexington County, referred to in 
Section (805), shall be used exclusively for colored boys. The said Refor- 
matory for colored boys shall be under the management and control of the 
Board of Directors of the State Penitentiary; the cost of maintaining such 
Reformatory for colored hoys to be defrayed, as at present, out of the 
earnings of the State Penitentiary^. 

Crim. Code, '12, § 996 ; 1906, XXY, 138. 

(1007) § 31. Laws in Regard to Industrial School Apply to Reforma- 
tory. — The present laws governing commitment of boys to the South 
Carolina Industrial School, the control of the boys so committed and their- 
parole, shall apply to the State Reformatory for Negro Boys ; it being the 
intention of this Section to make uniform the laws governing the two insti- 
tutions. 

1918. XXX, S90. 

(1008) § 32. State Industrial School for Girls Established.— There 
shall be, and is hereby, established under the provisions of this Chapter an 
institution for females to be known as "The State Industrial School for 
Girls." 

1918, XXX, 853. 



294 CRIMINAL CODE 

(1009) § 33. Corporate Powers. — The State Industrial School for 
Girls is hereby declared to be a body corporate and, as such, may sue and be 
sued, plead and be impleaded, in its corporate name ; may have and use a 
proper seal, which it may alter at its pleasure; and shall have the right 
to acquire by purchase, deed, devise, lease for a term of years, bequest, or 

. otherwise, such property, real and personal, in fee simple without limita- 
tions as may be necessary or proper for carrying out the purposes of its 
organization as herein declared. 
1918, XXX, 853. 

(1010) § 34. Management. — The business, property, and affairs of the 
State Industrial School for Girls shall be under the control of the State 
Board of Public AYelfare. 

1918, XXX, 853; 1920, XXXI, 999. 

(1011) § 35. Buildings. — It is declared to be the purpose and policy 
of the State with respect to said institution that the buildings to be con- 
structed for its use shall be plain and inexpensive in character, and that, in 
so far as practicable, the labor in constructing such buildings, improve- 
ments, and facilities, shall be supplied by the convicts of the State Peni- 
tentiary, as hereinafter provided. Such other or additional labor may be 
employed by the said Board as in their judgment may be needed. 

1918, XXX, 8.53; 1920, XXXI, 999. 

(1012) § 36. Use of Convicts. — The State Penitentiary, on request from 
the said Board, is authorized to transfer to said Industrial School such 
convicts as, in the judgment of the Superintendent of said State Peniten- 
liary, would be useful in constructing the buildings and installing the 
equipment of said Industrial School. The State Penitentiary shall provide 
transportation and proper guards for said convicts ; and while they remain 
at the State Industrial School for Girls they shall be under the control, 
discipline, and government, and subject to the orders of the said Board 
and its executive officers. The expense of transportation and transfer 
of convicts used as above provided to and from the said Industrial School, 
together with their guarding and maintenance, shall be paid out of the 
funds provided for the establishment of said Industrial School. 

1918, XXX, 853. 

(1013) § 37. Who to Be Admitted.— This Section shall apply only to 
white females between the ages of eight and twenty years residing within 
or actually being within the borders of any county or city of the State of 
South Carolina: 

(a) Who shall have been tried. before any Magistrate, county, city, or 
Circuit Court and found guilty of violating any law or laws for which 
.the punishment is fine or imprisonment in the State Penitentiary, or in 
any county or city jail, or by hard labor for any county or city ; or 

(b) Who knowingly associate with thieves, vicious, or immoral persons; 
are incorrigible ; absent themselves from home without the consent of 
their parents or guardians or without just cause; are growing up in idle- 
ness or crime ; knowingly visit or enter a house of ill repute ; visit or pat- 



OF SOUTH CAROLINA 295 

ronize gambling houses, saloons, or other vicious or immoral resorts ; wander 
about the streets at night ; use vile, obscene, or indecent language ; or are 
immoral or indecent. 
191S, XXX, 853. 

(1014) § 38. Commitment. — When any white female between the ages 
of eight and twenty years shall have been tried before any jMagistrate, 
county, city or General Sessions Court, and found guilty of a violation of 
any law or laws punishable by fine or imprisonment in the State Peni- 
tentiary, or in any county or city jail, or by hard labor for any countj^ or 
city, if, in the opinion of said Court, the interest of such female would 
thereby be promoted said Court may commit said female, in lieu of fine -or 
imprisonment, to the State Industrial School for Girls for an indeter- 
minate period not to extend beyond the twenty-first birthday of said 
female: Provided, That if, in the opinion of said Court, said female 
should be placed on probation rather than imprisoned or fined, said 
Court shall remand said female to the Judge of Probate in the county in 
which her case arose with instructions to this effect, if it be a General 
Sessions Court, or with recommendations, if it be any other Court ; and in 
the latter instance the said Judge of Probate shall then handle the case 
as he may deem best in accordance with the provisions of this Chapter 
and the laws of this State. 

191S, XXX. So3. 

(1015) § 39. Procedure for Commitment. — Any reputable person, or 
any State, county or municipal official, having reason to believe that a white 
girl comes within the provisions of this Chapter, may file with the Judge of 
Probate of the county in which said girl is at that time living, a petition, 
which may be upon information and belief, stating the girl's name and 
residence, together with the names and residences of her parents, guardian, 
or other person or persons having custody, control, or supervision of such 
girl in so far as same may be known to petitioner. The petitioner shall 
also state the reasons upon which he or she believes said female a juvenile 
delinquent under the terms of this Chapter, Thereupon, the said Judge of 
Probate shall issue a summons to said female and to the person or persons 
having the custody or control of said female to appear with her before him 
and if, in the opinion of said Judge, said summons is ineffectual or likely to 
be, he may issue a warrant for said female and the parents or custodians of 
said girl, and in either case failure to appear may be treated as contempt 
of Court. The Court shall designate the disposition of the female pending 
trial. In handling the case the Court may adopt any form of procedure, 
which it deems best suited to ascertain the truth. When demanded by 
said female, or when the Court deems advisable, a jury of six shall be em- 
paneled to decide the case. All trials provided for herein shall be as nearly 
private as possible, the public being excluded to the maximum extent. If 
said female be adjudged guilty, the Court shall either commit her to the 
State Industrial School for Girls or place her on probation : Provided, 
That if she violates her probation she shall then be committed to the said 
Industrial Home. 

1918, XXX, 853. 



296 CRIMINAL CODE 

(1016) § 40. Term and Form of Commitments. — AU commitments to 
the State Industrial School for Girls shall be for an indeterminate period 
not to extend beyond the twenty-first birthday of the person committed; 
they shaU be made in the following form or one of similar import, accord- 
ing to the facts, and shall not be valid unless approved and endorsed in 
writing by the Judge of the Court making the commitment and attested 
thereto by the Clerk of said Court if there be such Clerk : 

Order of Commitment. 
State of South Carolina, 
County of 

Be it remembered. That on the day of , A. D. 19 . . 

application was made to the undersigned, Magistrate or Judge of the 

Court of County, State of South Carolina, by 

for the commitment of to the custody of the Board 

of Trustees of the State Industrial School for Girls, and upon due proof, 
I do find that said is a suitable person to be so committed. 

It is, therefore, ordered that the application of the said 

be granted ; that the said be, and is hereby, committed to 

the custody of the Board of Public AVelfare to be detained by it at the 
State Industrial School for Girls, or such other place as may be designated 
by said Board, where she can be most faithfully and properly cared for, 
and that she shall be detained therein until she reaches the age of twenty- 
one years, unless sooner released by said Board, subject to such rules and 
regulations as said Board may establish; it is further ordered that the 

entire cost of conveying her thereto be paid by County as 

provided by law. 

I find that said girl is charged with (state the charge explicitly) 

That she was born at , on the day 

of , A. D That her father's name and residence 

is , and his occupation is That her 

mother's name and residence is and her occupation 

is That the names and residences of her nearest 

relatives, or of her guardian, are as follows : 



In witness whereof, I have hereunto subscribed my name and caused 

to be affixed the seal of said Court, at , this day of , 

A. D. 19.... 

, Judge of the Court of County. 

Attest : 

Clerk of Said Court. 

1918, XXX, 853. 

(1017) § 41. Custody of Inmates. — Any commitment under this Chap- 
ter shall be full and sufficient authority to the said Board, officers, and 
agents of the said Industrial School for the detention and keeping therein 
of any girl until she arrives at the age of twenty-one years, unless sooner 
dismissed therefrom b}' order of the said Board, or released therefrom by 
order of a Judge of the Supreme Court or Circuit Court of this State, ren- 



OF SOUTH CAROLINA 297 

dered at chambers or otherwise, in a proceeding in the nature of an applica- 
tion for a writ of habeas corpus. That from the time of lawful reception of 
any girl into said institution, and during her stay therein, said institution 
shall have exclusive care, custody, and control of said girl, and the said 
Board shall cause said girl to be instructed in such branches of useful knowl- 
edge as may be suited to her years and capacity ; and the said Board shall 
also cause said girl to be taught a useful trade or other means of earning an 
honest livelihood. 
1918, XXX, 853. 

(1018) § 42. Transfers to Penitentiary. — The said Board of Public 
Welfare of the said Industrial School shall have the power, with the consent 
of the Governor or its Secretary, to transfer temporarily to the State 
Penitentiary any white female who has been committed to the said Industrial 
Home, who is more than eighteen years of age, and whose presence in the 
said Industrial Home for Girls appears to be seriously detrimental to the 
welfare of the institution. It shall be the duty of the Superintendent of the 
State Penitentiary, on behalf of the Board of Directors thereof, to receive 
such females as may be transferred thereto as herein provided, and prop- 
erly care for them. Each female thus transferred to the State Penitentiary 
shall be held therein, subject to all the rules and discipline of the said 
State Penitentiary, until she shall reach the age of twenty-one years, pro- 
vided that the said Board of Public AVelfare may by -written requisition, 
which the said Superintendent of the said Penitentiary shall honor, require 
the return to the said Industrial School of any female who may have been 
so transferred. The costs in making such transfers to and from the said 
State Penitentiary shall be borne by the said Industrial School for Girls. 

1918, XXX, 853. 

(1019) § 43. Epileptics, Etc., Not to Be Admitted— Transfers.— No 

girl shall be committed to said Industrial School who is epileptic, insane, or 
feeble-minded. The Court shall also furnish a statement of such facts as 
can be ascertained concerning the personal and family history of the girl. 
If it shall develop, after a girl is committed to this institution, that she is 
an epileptic, insane, feeble-minded, or paralj'tic, such girl may be trans- 
ferred by the said Board to such other State Institution, now in exist- 
ence or hereafter created, as in their judgment is best qualified to care for 
such girl, in accordance with the laws of this State. 
1918, XXX, 853. 

(1020) § 44. Paroles — Parole Officers. — AVhenever the Board of Public 
Welfare shall deem it for the best interests of any girl in its custody, it 
shall instruct the Superintendent of the said Industrial Home to release 
such girl on parole as soon as suitable provisions therefor shall have been 
made. One or more women shall be employed as visiting agents or parole 
officers for the said school, whose duty it shall be, under the direction of the 
Superintendent, to find homes for the girls so released, visit them thereafter, 
and to carry on such other features of good parole work as may from time 
to time prove necessary or advisable. No girl shall be placed in a home 
which has not been previously investigated by such agent and a full report 



298 CRIMINAL CODE 

thereof made to the Superintendent. Such agent shall visit such girls as 
often as the Superintendent shall deem necessary to ascertain whether 
they are properly placed, and shall from time to time make to the Superin- 
tendent full reports of all investigations and visits made by her. It shall 
be the duty of the Superintendent to recall any girl who may not conduct 
herself properly or who does not have a suitable home. 

It shall be the duty of the said visiting agent or agents to ascertain and 
report to the Superintendent all facts regarding the personal and fam- 
ily history of the girl she can, together with such other data as may be 
deemed of value in the proper treatment of said girl. 
1918, XXX, 853. 

(1021) § 45. Accessories to Violations of Rules, Etc., G-uilty of Mis- 
demeanor. — The Board of Public Welfare shall adopt rules for the con- 
duct of the girls legally committed to their custody, and also for their 
parole and after-supervision until twenty-one years of age, not inconsistent 
with this Chapter. Any person who is convicted in any Court of com- 
petent jurisdiction of causing or encouraging any such girl to violate any 
of said rules shall be deemed guilty of a misdemeanor, and shall be fined in 
any sum not exceeding five hundred dollars, to which may be added im- 
prisonment in the State Penitentiary for a period not exceeding six months. 

Specifically, it shall be unlawful for any person to cause, aid, encourage 
or influence any girl, who is a ward of the State Industrial School for 
Girls, to enter or remain in a house of prostitution, a house or lodging place 
used for immoral purposes, a gambling place, to violate any law of this 
State or ordinance of any city, to indulge in vicious or immoral conduct, 
to violate her parole or run away from the supervision of the authorities of 
said Industrial School, or to harbor any such girl who has escaped from 
such Industrial School, or who is running away from the supervision of 
the authorities of same; and any person who violates any of the provi- 
sions of this Section shall be deemed guilty of a misdemeanor, and, upon 
conviction, shall be punished by a fine of not exceeding five hundred dol- 
lars, to which may be added imprisonment in the State Penitentiary for a 
period not exceeding six months. 
1918, XXX, 853. 



TABLE OF COMPARATIVE SECTIONS 

CRIMINAL CODE OF 1912 

AND 
CRIMINAL LAWS OF 1922 



1922 


1912 


1922 


1912 


1922 


1912 


1922 


1912 


1922 


1912 


719 


23 


38 


183 


112 


232 


134 


281 






1 


135 


39 


184 


113 


233 


135 


282 


320 


331 


2 


136 


40 


185 






136 


283 


321 


332 


3 


137 


41 


186 


79 


235 


137 


284 






4 


138 


42 


187 


102 


236 


139 


285 






5 


139 


43 


188 


103 


237 


140 


286 


322 


335 


6 


140 


55 


189 


104 


238 


141 


287 


323 


336 


7 


141 


56 


190 


105 


239 


142 


288 


i 




8 


142 


44 


191 


80 


240 


143 


289 


324 


338 


9 


143 


45 


192 


81 


241 


144 


290 


325 


339 






46 


193 


82 


242 


145 


291 


332 


340 






57 


194 


84 


243 


256 


292 


333 


341 






58 


195 


85 


244 


257 


293 


334 


342 






47 


196 


IQO 


245 


146 


294 


335 


343 


10 


148 


59 


197 


161 


246 


400 


295 


336 


344 


11 


149 


48 


198 


86 


247 


258 


296 


200 


345 


12 


150 


49 


199 


87 


248 


147 


297 


241 


346 


13 


151 


50 


200 


88 


249 


106 


298 






14 


152 


51 


201 


89 


250 


148 


299 


337 


348 


15 


153 


52 


202 


90 


251 


107 


300 


338 


349 


16 


154 


53 


203 


91 


252 


108 


301 


339 


350 






54 


204 


92 


253 


465 


302 


340 


351 






242 


205 


93 


254 


149 


303 


341 


352 


150 


157 


243 


206 


245 


255 


464 


304 


342 


353 


151 


158 


168 


207 


94 


256 


154 


305 


343 


354 






60 


208 


95 


257 


155 


306 


344 


355 


153 


160 






114 


258 


156 


307 


345 


356 


213 


161 


61 


210 


323 


259 


157 


308 


346 


357 


17 


162 


244 


211 


124 


260 


158 


309 


347 


358 


18 


163 


68 


212 


125 


261 


159 


310 


348 


359 






69 


213 


126 


262 


162 


311 


319 


360 


19 


165 


70 


214 


127 


263 






350 


361 


21 


166 


96 


215 


128 


26± 






351 


362 


22 


167 


71 


216 






163 


314 


352 


363 


23 


168 


72 


217 






164 


315 






24 


169 


62 


218 






165 


316 


365 


365 


25 


170 


63 


219 






170 


317 


353 


366 


26 


171 


64 


220 






240 


318 


354 


367 






65 


221 


129 


270 


259 


319 


355 


368 


27 


173 


73, 


222 






310 


320 


356 


369 


29 


174 


74 


223 






311 


321 


357 


370 


30 


175 


75 


224 


130 


273 


312 


322 


358 


371 


31 


176 


76 


225 


131 


274 


313 


323 


477 


372 


32 


177 


77 


226 


539 


275 


314 


324 


359 


373 


33 


178 


78 


227 


253 


276 


315 


325 


360 


374 


34 


179 


97 


228 


132 


277 


316 


326 


361 


375 


35 


180 


110 


229 


133 


278 


317 


327 


362 


376 


36 


181 


111 


230 


254 


279 


318 


328 


363 


377 


37 


182 






255 


280 


319 


329 


364 


378 



300 



TABLE OF SECTIONS IN CRIMINAL CODE 



1922 


1912 


1922 


1912 


1922 


1912 


1922 


1912 


1922 


1912 


372 


379 


451 


441 


206 


503 


492 


565 


595 


627 


373 


380 


432 


442 


207 


504 


493 


566 


596 


628 


374 


381 


433 


443 






491 


567 


597 


629 


375 


382 


434 


444 






495 


568 


598 


[ 630 


376 


383 


435 


445 






496 


569 






377 


384 


171 


446 






497 


570 


546 


632 


378 


385 


172 


447 






499 


571 


599 


633 


379 


386 






212 


510 


500 


572 


600 


634 


380 


387 






215 


511 


501 


573 


601 


635 


381 


388 






214 


512 


502 


574 


602 


636 


3S2 


389 


173 


451 


219 


513 


503 


575 


603 


637 


383 


390 


174 


1 452 


220 


514 


504 


576 






384 


391 


175 


453 


221 


r 515 


505 


577 


632 


639 


385 


392 


261 


454 


222 


516 


509 


578 


676 


640 


386 


393 


262 


455 


223 


517 


510 


579 






327 


394 


176 


456 


224 


518 


511 


580 






387 


395 


177 


457 


225 


519 


512 


581 


604 


643 







178 


458 


226 


520 


513 


582 


627 


644 


389 


397 


179 


[ 459 


227 


521 


514 


583 


625 


645 


234 


398 


180 


460 


228 


522 


515 


584 


543 


646 


388 


399 


181 


461 


229 


523 


516 


585 


626 


647 






182 


462 


230 


524 


517 


586 


621 


648 






263 


463 


231 


525 


518 


587 


605 


649 






264 


464 


232 


526 


519 


588 


635 


650 


448 


403 


265 


1 465 


233 


527 


520 


589 






396 


404 






99 


528 


521 


590 






397 


405 






454 


529 


522 


' 591 






398 


406 






455 


530 


540 


592 


622 


654 


399 


407 


266 


469 


456 


531 






623 


655 






184 


470 


457 


532 


541 


594 


606 


656 






185 


471 


458 


533 


542 


595 










186 


472 


459 


534 


527 


596 


607 


658 


401 


411 


187 


473 


460 


535 


568 


597 






402 


412 


188 


474 


461 ■ 


536 


620 


598 






403 


413 


189 


475 


462 


537 


569 


599 


636 


661 


404 


414 


190 


476 


463 


538 


578 1 


600 


637 


662 


405 


415 


191 


477 


466 


539 


581 


601 


638 


663 


406 


416 


192 


478 


467 


540 


582 


602 


639 


664 


407 


417 


193 


479 


468 


541 


583 


603 


640 


665 


408 


418 


267 


480 


469 


542 


587 


604 


641 


666 


409 


419 


268 


481 


470 


543 


5^t 


605 


642 


667 


410 


420 


269 


482 


471 


544 


585 


606 


643 


668 


411 


421 


270 


483 


472 


545 






644 


669 


413 


422 


271 


484 










645 


670 


414 


423 


'272 


485 


473 


547 


588 


609 


646 


671 


415 


424 


273 


486 


474 


548 


586 


610 


647 


' 672 


416 


425 


194 


487 


475 


549 






648 


673 


417 


426 






476 


550 


580 


612 


649 


674 


419 


427 


195 


489 






616 


613 


650 


675 


420 


428 


196 


490 


478 


552 


570 


614 


651 


676 


421 


429 


197 


491 


479 


553 






652 


677 


422 


430 






480 


554 


571 


616 


653 


678 


423 


431 






481 


555 


579 


617 


654 


679 


425 


432 






483 


556 


572 


618 


655 


680 


426 


433 






484 


557 


573 


619 


656 


681 


427 


434 






485 


558 


574 


620 


657 J 


682 


428 


435 






4S6 


559 


575 


621 


658 


633 


429 


436 






487 


5(i0 


576 


622 


659 


684 


430 


437 






488 


561 


577 


623 


660 


685 


431 


438 


205 


500 


489 


562 


592 


624 


661 


686 


449 


439 






490 


503 


593 ■ 


625 


664 


687 


450 


440 






491 


564 


594 


626 


665 


688 



TABLE OF SECTIONS IN CRIMINAL CODE 



301 




666 
667 
707 
708 
709 
710 
711 
712 
20 
713 
714 
715 
716 
717 
718 
720 
721 
722 
723 

"724 

725 
726 
727 
728 
729 



746 
747 

748 

'749 
750 

'751 
752 
753 

"754 
756 



757 
758 
759 
760 

761 

"762 



689 
690 
691 
692 
693 
694 
695 
696 
697 
698 
699 
700 
701 
702 
703 
704 
705 
706 
707 

"709 
710 
711 
712 
713 
714 



763 
764 
765 
766 

767 



718 
719 
720 

722 
723 

"725 
726 

727 

"729 

730 



734 
735 
736 
737 

'739 

"741 



746 
747 

748 
749 
750 



768 
769 

770 



771 
774 

775 
776 
777 
778 
779 
780 
781 
782 
783 
784 
785 
786 
787 
788 
789 
790 
791 
792 
793 
794 



820 
821 
823 
824 
825 
826 
827 
828 
829 
830 
831 
832 
833 
834 
835 
836 
837 
838 
839 J 



751 
752 

753 



756 
757 
758 
759 
760 
761 
762 
763 
764 
765 
766 
767 
768 
769 
770 
771 
772 
773 
774 
775 
776 
777 



794 
795 
796 
797 

798 
799 
800 
801 
802 
803 
804 
805 
806 
807 
808 
809 
810 
811 
812 



840 


813 


841 


814 


842 


815 


843 


816 


844 


817 


845 


818 


846 


819 


847 


■ 820 


"848 


"822 


"849 


"826 


850 


827 


851 


828 


852 


829 


853 


830 


854 


831 


855 


■ 832 


856 


833 


"857 


"836 


"858 


"839 



859 



841 



889 
890 
891 
892 
897 
896 
893 
898 
899 
894 
900 

"895 
901 
902 

"3O8 
309 
907 
904 
909 
910 
911 
912 
913 
914 
915 
916 
917 
918 
558 
559 
560 
561 
562 
563 
564 
565 
566 
567 
919 
920 



921 
922 
923 
924 
925 
926 
927 
928 
929 
930 
931 

932 ] 

933 I 

934 I 



879 
880 
881 
882 
883 
884 
885 
886 
887 



891 
892 
893 

'895 
896 
897 
898 
899 
900 
901 
902 
903 
904 
905 
906 
907 
908 
909 
910 
911 
912 
913 
914 
915 
916 
917 
918 
919 
920 



923 
924 
925 
926 
927 
928 
929 
930 
931 
932 
933 
934 
935 
936 



935 I 937 

936 i 938 

937 I 939 

938 i 940 

939 I 941 
67 I 942 



940 

"943 
944 
945 
946 
947 
948 
949 
950 
951 
952 
953 
954 
955 
956 
957 
958 
959 
960 
961 

"941 



945 

947 

948 
949 
950 
951 
952 
953 
954 
955 
956 
957 
958 
959 
960 
961 
962 
963 
964 
965 

"967 



962 

963 

942 
964 



965 
966 



967 

968 

969 

1005 



1000 
1001 
1002 
1006 
1003 



974 

976 

"978 
979 



982 
983 



986 

987 
988 
989 

"991 

"993 
994 
995 
996 
997 



APPENDIX 



Notice — In deference to the wishes of the General Assembly, expressed 
in an Act approved March 22nd, 1922, (after the adoption of the Code of 
Laws of 1922,) and for the accommodation of the legal profession and the 
public at large the Code Commissioner and the Code Collaborators have 
incorporated within Volumes 1, 2 and 3, of the Code of Laws of 1922, re- 
spectively, as an appendix only to the respective volumes of the Code, but 
in no sense as a part of the official Code, all Acts of the General Assembly 
of the year 1922, which were amendatory of specific Sections of the Code 
of Laws, Volumes 1 and 2, of 1912 ; also all amendments to the Constitu- 
tion, ratified theretofore and at said session. 

Where there is in the Code of 1922 a corresponding Section to that which 
in the Code of 1912 was amended by the General Assembly of 1922, refer- 
ence is made at the head of the Amendatory Acts to the Sections so af- 
fected. 



No. 579. 



AN ACT to Require all Amendments Made at This Session of the General 
Assembly to Sections of the Code of Laws of 1912, Volumes I and II, 
to Be Incorporated as Amendments Thereof in the Code of Laws of 
1922, Volume I, II and III ; and all Amendments to the Constitution 
Ratified at This and Former Sessions. 

Section 1. Amendments of Present Session to Code of 1912 to be Incor- 
porated in Code of 1922 — Proviso. — Be it enacted by the General As- 
sembly of the State of South Carolina: That the Code Commission and 
Commissioners be, and they are hereby required to incorporate within 
Volumes I, II and III, of the Code of Laws of 1922, all Sections of the 
Code of Laws of 1912, Volume I and II, which have been amended at the 
session of the General Assembly held in 1922; also all amendments to the 
Constitution ratified heretofore and at said session, as amendments to the 
Reports of the Commission and Commissioner laid upon the desks at the 
former and present Sessions of the General Assembly: Provided^ Only 
amendments directly specifying by number or numbers the Section or Sec- 
tions amended shall be so inserted, and Acts of 1922, relating to the time 
of holding Courts in the several Circuits and Acts relating to the drawing 
and empaneling of jurors. 

§ 2. This Act shall take effect immediately upon its approval by the 
Governor. 

Approved the 22nd day of March, A. D. 1922. 



304 APPENDIX 

No. 505. 

[See § (151) Infra.] 

AN ACT to Amend Section 158, of the Criminal Code of Laws, 1912, 
Volume n. Relating to Carrying Concealed Weapons, so as to Pro- 
vide for the Forfeit of Weapons to Municipalities. 

Section 1. Sec. 158, Criminal Code, 1912. Amended — Forfeiture of 
Weapons by Municipal Courts. — Be it enacted by the General Assembly 
of the State of South Carolina: Amend Section 158, Criminal Code of 
Laws, 1912, Volume 2, by adding after the word "concealed" on line five 
of said Section the following, '"'and if convicted in a municipal Court said 
weapon shall be forfeited to said municipality" so that said Section when 
so amended shall read as follows : 

Section 158. Any person carrying a jDistol, dirk, slingshot, metal 
knuckles, razor, or other deadly weapon usually used for the infliction of 
personal injury, concealed about his person, shall be guilty of a misde- 
meanor, and upon conviction thereof before a court of competent jurisdic- 
tion, shall forfeit to the county the weapon so carried concealed, and if 
convicted in a municipal court said weapon shall be forfeited to said muni- 
cipality, and be fined in the sum of not more than one hundred ($100.00) 
dollars and not less than twenty ($20.00) dollars, or imprisoned not more 
than thirty nor less than ten days, in the discretion of the court. Nothing 
herein contained shall be construed to apply to persons carrying concealed 
weapons upon their g^^ti premises, or peace officers in the actual discharge 
of their duties as peace officers. 

§ 2. All Acts or parts of Acts inconsistent with this Act are hereby 
repealed. 

§ 3. This Act shall take effect immediately upon its approval by the 
Governor. 
Approved the 22nd day of March, A. D. 1922. 



No. 499. 

[See § (267) Infra.] 

AN ACT to Amend Section 480, of the Criminal Code of Laws, Volume 
II, and all Sections of the Civil Code Pertaining Thereto, by Further 
Defining the Right of Manufacturers in This State. 

Section 1. Sec. 480, Criminal Code, 1912. and