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1936
SUPPLEMENT
TO THE
CODE OF LAWS
OF
SOUTH CAROLINA
1932
CONTAINING ALL
GENERAL LAWS OF 1935 AND 1936
WITH FULL ANNOTATIONS
EMORY UNIVERSITY
ATLANTA, GEORGIA
Xamar School oflattilibrarg
Presented by
ALSTIN, MILLER AND GAINES
1936 SUPPLEMENT
TO THE
CODE OF LAWS
OF
OUTH CAROLINA
/
1932
CONTAINING ALL
GENERAL LAWS OF 1935 AND 1936
WITH FULL ANNOTATIONS
By,
The Code Commissioner and the Committee on
Statutory Laws of the General Assembly of the
State of South Carolina
:<Mi
PRINTED UNDER THE DIRECTION OF THE
JOINT COMMITTEE ON PRINTING
GENERAL ASSEMBLY OF SOUTH CAROLINA
Copyright 1937
h
The State of South Carolina
This supplement is not official in the sense that the code is, for its purpose-
is to serve as api advance sheet for the 1942 Code. Please report any errors, omis-
sions, inconsistencies, efc., herein to Furman R. Gressette, Code Commissioner,
St. Matthews, S. C.
NOTICE
This supplement to the Code of Laws of South Carolina, 1932, is compiled
and published as required by section 2118 of the said code.
All 1935 and 1936 acts of a general and permanent nature are codified in this
supplement. 1932, 1933, and 1934 acts of a general and permanent nature
were codified in the 1934 Supplement. For economical reasons some acts are
not stated in detail ; however, proper references to such acts are made under sec-
tions which such acts affect. As a general rule all statewide acts are stated in
detail.
To use this supplement we suggest that the general index, volume IV, 1932 Code,
should be the first examined and when the required section has been located in
the 1932 Code, turn to the same section number in the 1934 Supplement and in
this supplement. If there has been a change in the laws affecting the said sec-
tion, the investigator is at once made aware of it. As a rule w T e should say that
every time one uses the 1932 Code he should check it by turning to the same
section number in the 1934 Supplement and this supplement. If the investigator
finds nothing in the 1932 Code on the subject in hand he should then use the
indices of the 1934 Supplement and of this supplement to discover if the point in
question has been touched on by new legislation. The statutes in the supplements
are covered exhaustively by the indices thereof, but all of the notes are not
indexed. The searcher in using the indices should first consult the particular
counties before looking under general titles, if he is interested in one or several
counties.
Proposed' constitutional amendments are printed in italics.
This supplement and the 1934 Supplement should not be destroyed as they
will be used until the 1942 Code is adopted.
The 1934 Supplement superseded the 1932 Supplement.
Acknowledgment is hereby made to the "West Publishing Company, of St.
Paul, Minnesota, for a license permitting the use of copyrighted matter, com-
prising the syllabi and digest paragraphs of South Carolina cases from volumes
173-181 of the South Carolina Reports in annotating this supplement. The use of
these syllabi or digest paragraphs herein does not permit the re-use of same by
any third party without the consent and license of the original copyright pro-
prietor, the West Publishing Company.
Furman R. Gressette, John F. "Williams, Chairman.
Code Commissioner. W. Brantley Harvey
P. H. McEachin
R. B. HlLDEBRAND
Pat Nelson
Calhoun Thomas
Committee on Statutory Laws.
TABLE OF CONTENTS
Page
Supplement of Laws 1
Constitution of United States 415
Constitution of South Carolina 1895 416
Circuit Court Rules of South Carolina 426
Supreme Court Rules of South Carolina 426
Index 427
Tables 479
1936 Supplement
to the
Code of Laws of South Carolina
1932
§ 2. Definition of an action.
Publish summons and complaint. — Sum- court or judge, so publication thereof is
raons and complaint, filed in office of clerk privileged, if fair and impartial report of
of court, become public documents in public such proceedings and without malice,
office, and filing is public and official act in Lybrand v. The State Co., 179 S. C, 208 ;
course of "judicial proceedings," which are 184 E. E., 5S0.
generally defined as proceedings before
§ 19. Salary of justices. — The Chief Justice and Associate Justices, who
are elected after the 14th day of March, 1935, shall each receive an annual
salary of six thousand seven hundred and fifty ($6,750.00) dollars a year and
shall not be allowed any fees or perquisites of office, nor shall they hold any
other office of trust or profit under the state, the United States or any other
power. 1935 (39) 88.
By 1935/S8 the salary of the chief justice 00) dollars. Justices elected prior to March
and each associate justice was reduced to 14, 1935, entitled to draw salary of $7,500.00
six thousand seven hundred fifty ($6,750.- a year. See § 19, 1932 Code.
§ 24. Distribution of reports of Supreme Court.
By 1936/1350 Library of Congress to be preme Court. See Section 2135-1.
sent eight copies of the reports of the Su-
§ 26. Jurisdiction of supreme court.
Review of order granting new trial tained in second trial of case if notice of
after final judgment in second trial. — intention to appeal therefrom is not given
Order granting new trial cannot be re- as required by law. DePass v. Broad River
viewed on appeal from final judgment ob- Power Co., 176 S. E., 325 ; 173 S. C, 387.
§ 29. Printing of testimony upon appeals to supreme court.
Applied. — Kiriakides v. Equitable Life not in any wise dependent for solution on
Assur. Soc. of the United States, 174 S. C, the evidence ; it is unnecessary to print any
140 ; 177 S. E., 40. of the testimony. Garrison v. Coca-Cola
Exceptions raising only questions of law, Bottling Co., 174 S. C, 396; 177 S. E., 656.
§ 34. May grant new trials.
Amend verdict. — See § 605 hereof.
§ 37. Powers of circuit and special judges at chambers.
See this section in 1934 Supplement. showed action was triable in another
Resident judge of circuit had jurisdic- county in same circuit. Mclnnis v. Caulk,
tion give default judgment when record 176 S. C, 399; 180 S. E., 340.
§ 41. Salary of circuit court judges. — All circuit judges, who are elected
after the 14th day of March, 1935, shall receive an annual salary of six thou-
sand seven hundred fifty ($6,750.00) dollars a year. 1935 (39) 88.
The salary of each court judge was re- 1932 Code,
duced to six thousand seven hundred fifty Payment of salaries of circuit court
($6,750.00) dollars by 1935/88. Judges judges. — See notes under article 5, section
elected prior to March 14, 1935, entitled to 9, and article 10, section 9, state constitu-
draw salary of $7,500.00 a year. See § 41, tion.
§ 44 1936 Supplement 2
§ 44. Special judges— appointment — powers — crowded dockets. — * * *
Whenever the time fixed for holding any of the courts of general sessions or
common pleas of this state shall be found not sufficient for the trial of all cases
before said court, a like assignment of a disengaged circuit judge, or commission
of a special judge, may be had to hold the court to which the judge then holding
such over crowded court may have been in due course next assigned, and the
term of such overcrowded court shall proceed until the cases before it are
disposed of. 1935 (39) 55.
The above paragraph was added to this remains unchanged,
section by 1935/55. The section otherwise
§ 51. Courts in first circuit. — The courts of the first judicial circuit shall
be held as follows :
(2) Dorchester County. — The court of general sessions for the county of
Dorchester shall be held at St. George on the first Monday in April and the
third Monday in October. The court of common pleas for the said county
shall be held at St. George on the third Monday in April, the third Monday in
May and the second Monday in November, the duration of said courts shall
be for one week each ; and also a court of common pleas at the said place on
the second Monday in July, without a jury. 1934 (38) 1260.
§ 52. Courts in second circuit. — (1) Terms. — The courts of the second judi-
cial circut of South Carolina shall be held as follows :
(a) Aiken County — The court of general sessions for the county of Aiken
shall be held at Aiken on the fourth Monday in January, two weeks; the first
Monday in May, two weeks ; the first Monday in October, two weeks. The court
of common pleas for said county of Aiken shall be held at Aiken on the fourth
Monday in March, three weeks; on the first Monday in June, two weeks; on
the second Monday in November, three weeks.
(b) Bamberg County — The court of general sessions for Bamberg County
shall be held at Bamberg on the third Monday of February, one week; on the
second Monday in September, one week. The court of common pleas for said
county shall be held at Bamberg on the third Monday in April, two weeks ; on
the second Monday in July, one week; and on the fourth Monday in October,
two weeks.
(c) Barnwell County — The court of general sessions for Barnwell County
shall be held at Barnwell on the fourth Monday in February one week; the
fourth Monday in May, one week; the third Monday in September, one week.
The court of common pleas for said county shall be held at Barnwell the second
Monday in March, two weeks ; the third Monday in June, two weeks ; the first
Monday in December, two weeks.
(2) Transact Certain Civil Matters During Terms of General Ses-
sions. — At any term of the court of general sessions for either of said counties,
as provided for in this section, the court of common pleas shall be open for the
transaction of any equity business, taking of judgment by default, or the
hearing of any other matters of a civil nature by consent. 1933 (38) 320; 1935
(39) 308.
§ 53. Courts in third circuit. — The courts of the third circuit shall be held
as follows:
(1) Clarendon County. — The court of general sessions at Manning, for
the county of Clarendon, on the fourth Monday in January, one week, the
third Monday in June, one week, and the second Monday in September, one
week. The court of common pleas at the same place on the first Monday in
3 Code of Laws of South Carolina § 53
March, two weeks, the fourth Monday in June one week, and the third Mon-
day in October, two weeks.
(2) Lee County. — The court of general sessions at Bishop ville, for the
county of Lee, the first Monday in February, one week, on the second Monday
in June, one week, and on the first Monday in September, one week. The
court of common pleas at the same place, on the fourth Monday in March, two
weeks, and the fourth Monday in November, two weeks.
(3) Sumter County. — The court of general sessions at Sumter, for the
county of Sumter, on the second Monday in February, two weeks, on the first
Monday in July, one week, and on the first Monday in November, two weeks.
The court of common pleas at the same place on the second Monday in Jan-
uary, two weeks, on the second Monday in April, three weeks, on the second
Monday in July, one week, on the fourth Monday in September, three weeks,
and on the second Monday in December, two weeks : Provided, That no jury
trial of civil cases shall be had at the summer term of common pleas court in
Sumter County except by agreement of a majority of the bar of said county.
(4) Williamsburg County. — The court of general sessions at Kingstree,
for the county of Williamsburg, on the fourth Monday in February, one week,
on the first Monday in June, one week, and on the third Monday in Septem-
ber, one week. The court of common pleas at the same place on the third
Monday in March, one week, on Wednesday first succeeding the firs.t Monday
in June, and on the third Monday in November one week : Provided, That no
jury trial of civil cases shall be had at the summer term except by consent.
The petit jurors for the first and third terms of the court of general sessions
shall not be required to attend the first and third terms of the court of com-
mon pleas, but separate juries shall be drawn and summoned for said courts.
(5) Draw Separate Juries for Certain Terms, Lee, Sumter and Williams-
burg Counties. — Separate juries are drawn for the court of general sessions and
the courts of common pleas for all terms for Sumter County and for the first
and third terms for Lee and Williamsburg Counties.
(6) Open General Sessions Court During Terms of Common Pleas Court
— Cases. — The presiding judge may open the court of general sessions during
any term herein fixed for the court of common pleas and the grand jury of
the county in which said court may be sitting, may be summoned and may
pass upon any bills of indictment handed out by the solicitor of the said
circuit, and pleas of guilty may be taken at such term of court.
(7) Open Common Pleas Court During Terms of General Sessions —
Causes. — Should the business of the court of general sessions for any of said
counties, at any term, be completed or suspended before the time fixed by law
for the opening of the court of common pleas, the presiding judge shall open
the court of common pleas for said county, for the trial of all cases and the
transaction of all business pending therein, except the trial of jury cases,
which may be tried at such time only by the consent of the parties or their
attorneys. The courts of common pleas in said counties shall be open at all
terms of the courts of general sessions for the purpose of rendering judg-
ments by default and by the consent of the parties, or their attorneys, for the
trial of such equity cases as may be ready for hearing, for granting orders of
reference, and other orders of course, and for the purpose of transacting all
other business of a regular term of the court of common pleas, except trial by
jury. 1934 (38) 1466; 1936 (39) 1481.
§ 54 1936 Supplement 4
§ 54. Courts in fourth circuit. — The regular term of the courts of the fourth
judicial circuit shall be as follows :
(a) Courts of General. Sessions. — At Chesterfield for Chesterfield County
on the first Monday in February, the first Monday in June, and the third
Monday in September; at Bennettsville for Marlboro County on the second
Monday in February, on the second Monday in June, and the fourth Monday
in September; at Darlington for Darlington County, on the fourth Monday
in February, on the third Monday in June, and the first Monday in November ; at
Dillon for Dillon County, on the second Monday in March, the second Mon-
day in July, and the fourth Monday in October.
(b) Courts of Common Pleas. — At Chesterfield for Chesterfield County,
the third Monday in February, the third Monday in April, the third Mon-
day in July, the first Monday in September, and the first Monday in October ;
at Bennettsville for Marlboro County, the first Monday in March, the fourth
Monday in April, the fourth Monday in June, the second Monday in Sep-
tember, and the first Monday in December ; at Darlington for Darlington County
on the last Monday in January, the third Monday in March, the fourth Monday
in July, and the second Monday in October; at Dillon for Dillon County, the
first Monday in April, the first Monday in July, and the second Monday in
November.
(c) Time Pleadings, Etc., Returnable. — All recognizances, pleadings,
notices and papers, whether dated heretofore or hereafter, shall be returnable
and applicable to the terms of the court as fixed by this section, and
the clerk of the court for each county in the fourth judicial circuit shall give
two weeks' notice of each and every term of the court in some newspaper
published in the county, stating the day of the month on which the next
court will open for the county. 1932 (37) 1213; 1934 (38) 1400. 1935 (39) 440.
§ 55. Courts in fifth circuit. — The Courts of the fifth judicial circuit shall
be held as follows :
(1) Kershaw County. — The court of general sessions for Kershaw County
shall be held in Camden on the second Monday in February, the first Monday in
July, the fourth Monday in October; and the court of common pleas for said
county on the second Monday in March, the third Monday in June, and the
first Monday in November.
(2) Richland County. — The courts of general sessions for Richland County
shall be held in Columbia on the second Monday in January, the third Mon-
day in April, and the first Monday in June, and the first Tuesday in Septem-
ber; and the courts of common pleas for said county in the same place on the
third Monday in February, the fourth Monday in March, the second Monday
in May, the fourth Monday in September, and the third Monday in November,
which term of court shall run for three weeks, two weeks of which shall be
for the disposal of jury matters and the other week, which includes Thanks-
giving Day, shall be for the disposal of motions, equity matters and any other
matters not requiring the attendance of a jury. The first Monday in each
common pleas term shall be for the disposal of matters not requiring the at-
tendance of a jury, and the jury commissioners shall summons the jurors for
the first week of each common pleas term for the opening of court on Tuesday
morning. 1933 (38) 151; 1934 (38) 1223.
§ 56. Courts in sixth circuit. — The courts of the sixth judicial circuit shall
be held as follows :
5 Code of Laws of South Carolina § 58
(2) Fairfield County. — The court of general sessions at Winnsboro, for
the county of Fairfield, on the third Monday in February, the second Monday
in June and the first Monday in September ; and the court of common pleas at
the same place on the second Monday in March, the third Monday in July, and
the second Monday in October.
(3) Chester County. — The court of general sessions at Chester, for the
county of Chester, on the first Monday in January, on the first Monday in
March, the first Monday in July and the first Monday in October; and the
court of common pleas at the same place, commencing on the second Monday
in January, the first Monday after the fourth Monday in March, the third
Monday in May and on the second Monday after the fourth Monday in Oc-
tober, and each term of the court of common pleas shall continue for a term
of two weeks if so much be necessary. Provided, That at the term of the court
of general sessions to be held on the first Monday in January only jail cases
shall be called for trial, but this shall not be construed to prevent the trial
at such term of persons out on bond who consent thereto.
(4) York County. — The court of general sessions at York, for the county of
York, on the second Monday after the fourth Monday in January, on the third
Monday after the fourth Monday in March, on the second Monday in July, on
the fourth Monday in September, third Monday in December : and the court of
common pleas at the same place commencing fourth Monday in January and con-
tinuing for a term of two weeks, on the first Monday in May and continuing for
a term of two weeks, on the fourth Monday after the fourth Monday in October
and continuing until the court of general sessions begins. 1933 (38) 136; 1934
(38) 1199, 1254; 1935 (39) 237.
§ 57. Courts in the seventh circuit. — The courts of the seventh judicial
circuit shall be held as follows :
(1) Cherokee County. — The court of common pleas for Cherokee County
shall convene at Gaffney on the first Monday of March for two weeks, on the
first Monday of July for one week, and on the first Monday of November for
two weeks. The court of general sessions for Cherokee County shall convene at
Gaffney on the third Monday of March for one week, on the second Monday of
July for one week, and on the third Monday of November for two weeks.
(3) Union County. — The court of common pleas for Union County shall
convene at Union on the second Monday in February for two weeks ; on the first
Monday of May for two weeks ; on the first Monday of September for two weeks
and on the first Monday of December for two weeks. 1933 (38) 1289; 1934 (38)
1240; 1935 (39) 405.
§ 58. Courts in eighth circuit. — The courts of the eighth judicial circuit
shall be held as follows :
(2) Greenwood County.- — The court of general sessions at Greenwood,
for the county of Greenwood the first Monday in January, the second Mon-
day in April, the fourth Monday in June and the second Monday in Septem-
ber; and the court of common pleas at the same place on the first Monday in
March, the third Monday in April, the first Monday after the fourth Mon-
day in September and the third Monday in November.
(3) Laurens County. — The court of general sessions at Laurens, for the
county of Laurens, on the third Monday in February, the second Monday
in June, the fourth Monday in September and the second Monday in November ;
and the court of common pleas, at the same place, on the second Monday in
§ 58 1936 Supplement 6
March and the second Monday in May, to continue for three weeks, if so much
be necessary, and on the fourth Monday in October for two weeks if necessary.
1932, (37) 1390; 1934 (38) 1446.
§ 61. Courts in eleventh circuit. — The courts of the eleventh circuit shall
be held as follows :
(6) Common Pleas Court Open During Terms of General Sessions. — In
each of the counties of the 11th circuit the court of common pleas shall be open
during any term of the court of general sessions, in the discretion of the presid-
ing judge, for the taking of any verdict of a jury by consent of the parties or
for the taking of any judgment by default and for the transaction of any equity
business not in conflict with the business of the court of general sessions. 1936
(39) 1332.
§ 62. Terms of court in twelfth circuit. — The courts of the twelfth circuit
shall be held as follows :
(1) Horry County. — The court of general sessions at Conway, for the
county of Horry, on the first Monday in March, for two weeks ; on the first
Monday in June for one week, and on the second Monday in September, for
two weeks; and the court of common pleas at the same place on the Wednes-
days succeeding the Mondays herein fixed for the holding of the court of gen-
eral sessions at said place.
(3) Florence County. — The court of general sessions for Florence County
shall be held as follows : On the first Monday in January, one week ; on the third
Monday after the first Monday in March, for two weeks ; on the second Monday
after the first Monday in June, for one week ; and on the second Monday after
the third Monday in September, for two weeks. 1932 (37) 1375; 1934 (38)
1242, 1232; 1936 (39) 1336.
§ 63. Courts in thirteenth circuit. — The courts of the thirteenth circuit
shall be held as follows :
(2) Pickens County. — The court of general sessions at Pickens, for the
county of Pickens, the third Monday in February, one week ; first Monday in
June, one week; fourth Monday in September, one week. The court of com-
mon pleas at Pickens, for the county of Pickens, the fourth Monday in Feb-
ruary, two weeks; the second Monday in June, one week; the first Monday
in October, one week. 1932 (37) 1335.
§ 64. Courts in fourteenth circuit. — The courts in the fourteenth judicial
circuit shall be held as follows :
(1) Colleton County. — The courts of general session for the county of
Colleton, at Walterboro, on the first Monday in April, for one week ; on the second
Monday in June, for one week and on the third Monday in September, for one
week. The court of common pleas for said county of Colleton, at Walterboro, on
the second Monday in April, for one week, on the fourth Monday in May, for
one week, on the fourth Monday in October, for two (2) weeks.
(2) Hampton County. — The courts of general sessions for the county of
Hampton, at Hampton, on the third Monday in February for not longer than
one week ; and on the first Monday in June for not longer than one week ; and on
the second Monday in October for not longer than one week; The courts of
common pleas for said county of Hampton, at Hampton, on the first Monday in
February for not longer than two weeks, on the Wednesday following the first
Monday in June for not longer than the remainder of said week, and on the
fourth Monday in September for not more than two weeks. 1934 (38) 1539;
1935 (39) 87.
7 Code of Laws of South Carolina § 120
§ 64-1. Call off terms of common pleas court fixed by statute.
See this section in 1934 Supplement.
§ 66-1. Take consent jury verdicts in civil actions in general sessions
court.
See this section in 1934 Supplement.
§ 69. Special sessions of circuit court.
See this section in 1934 Supplement.
§ 94. Criminal jurisdiction and duties of magistrates in counties where
county courts are established.
This section inapplicable to magistrates Bros. & Quinn, 176 S. C, 404 ; 180 S. E.,
in Richland county. Pickens v. Maxwell 348.
§ 95. Civil jurisdiction of magistrates in counties where county courts are
established.
This section inapplicable to magistrates Bros. & Quinn, 176 S. C, 404 ; 180 S. E.,
in Richland county. Pickens v. Maxwell 348.
§ 101. Counties excepted from chapter.
See this section in 1934 Supplement.
§ 102. "Civil court of Florence" — territorial jurisdiction.
Jurisdiction of foreign corporations. — Harvester Co., 175 S. E., 810; 173 S. C,
See generally McLaughlin v. International 338.
§ 103. Jurisdiction.
See this section in 1934 Supplement.
§ 106. Judge.
See this section in 1934 Supplement.
County Court in and for Greenville County
§ 118. Established. — A majority of the qualified electors of the county of
Greenville having voted at the general election of 1920 in favor of the establish-
ment of a county court in and for said county as provided by the act of the
general assembly approved February 19, 1920, a county court is established in
and for said county in pursuance of the said act of the General Assembly with
such jurisdiction as is hereinafter provided. 1935 (39) 6.
Sections 118-140, 1932 Code, were repealed 139 come from 1935/6, 278.
by 1934/1491 ; 1935/6. Present sections 118-
§ 119. Jurisdiction — civil appeals from magistrate courts. — The said
county court shall have concurrent jurisdiction with the court of common pleas
in all civil cases and special proceedings, both at law and in equity, where the
amount demanded in the complaint does not exceed five thousand ($5,000.00)
dollars or when the value of the property involved does not exceed five thousand
($5,000.00) dollars; Provided, however, That in all mortgage foreclosures where
the amount of the sum claimed in the complaint does not exceed the sum of
five thousand ($5,000.00) dollars, that the said county court shall have con-
current jurisdiction with the court of common pleas regardless of the value of
the property involved ; and provided, however, That all prior mortgage foreclos-
ures in the said county court are hereby validated in regard to the jurisdiction
of said county court where the amount of the sum claimed in the complaint did
not exceed the jurisdictional amount regardless of the value of the property
involved. Said court shall have concurrent jurisdiction to hear and determine all
appeals in civil cases from judgment rendered by magistrate's courts; and the
proceedings on such appeal shall be the same as is now provided for appeal from
said last named courts to the courts of common pleas. 1935 (39) 6, 278.
§ 120. Criminal appeals from inferior courts. — The said county court shall
have jurisdiction to hear and determine appeals in all criminal cases from the
§ 120 1936 Supplement 8
magistrates' court and from municipal courts, or town councils of any of the
cities and towns in Greenville County; proceedings on such appeal shall be the
same as are now provided for appeal from said last named courts to courts of
general sessions. 1935 (39) 6.
§ 121. Court of record. — The said county court shall be a court of record
and have a seal inscribed with the words ' ' County Court of Greenville ' ', and
the same presumption in favor of its jurisdiction and the validity of its judg-
ments and decrees shall hold as in cases of judgments rendered by the circuit
courts. 1935 (39) 6.
§ 122. Transfer of causes. — The said county judge shall have jurisdiction
to remove to the court of common pleas of said county, any case where it may
appear to his satisfaction that the case or any part thereof is not within the
jurisdiction of the county court, or any case in which the judge has been of
counsel, has any personal interest in, or is connected by blood or marriage to
any of the parties to the suit. 1935 (39) 6.
§ 123. Statutes applicable. — All general laws and statutory provisions ap-
plicable generally to the circuit courts and courts of general sessions of this state
and trial of cases therein shall apply to said county court and to the conduct
and trial of cases therein where not inconsistent with this Article. 1935 (39) 6.
§ 124. Procedure. — The same form of pleadings and the same rules of
procedure, practice and evidence shall obtain in the county court as is provided
by law for the trial of civil and criminal cases in the circuit court where not
inconsistent with the provisions of this section : provided, that the pleadings or
copies thereof in cases for trial before the said court shall be filed in the clerk's
office, as now provided by law for the circuit court, before six o'clock in the
afternoon of the Monday preceding the first day of the next ensuing term of the
said county court, and the clerk shall forthwith enter the case upon the ap-
propriate calendar. 1935 (39) 6.
§ 125. Grand jury — indictments. — The grand jury, as drawn in accord-
ance with law for service upon the court of general sessions, for Greenville
county, shall constitute the grand jury for the said county court, and need not
meet with the said county court, except when ordered to do so by the county
judge. The solicitor of the thirteenth judicial circuit, or the county solicitor, if
one is provided for by law, shall prepare all bills of indictment wherein a person
is entitled to a presentment of a grand jury, and he shall present said indict-
ments to the grand jury, of such cases as the county court has jurisdiction, at
each session of the court of general sessions, and it shall be the duty of the clerk
of court of general sessions to certify said bills of indictment to the county court
for trial or disposition thereof where true bills are found by the said grand jury.
The county judge shall have the authority to submit to the grand jury, when
called into his court, such bills of indictment as he may desire to submit to them,
when the offenses charged are within the jurisdiction of said county court.
1935 (39) 6.
§ 126. Juries — jury trials. — Where a jury is required by law in the trial
of all civil and criminal cases in said court, said jury shall consist of six persons.
In all actions either party may demand a jury trial in all cases in which a trial
by jury is granted of right under the Constitution and laws of this state, but
such demand must be made on or before the case is called for trial, and the
failure to make such demand shall be a waiver of said right of trial by jury. The
empaneling of juries in all criminal cases in said court shall be according to the
practice now established in the courts of general sessions. That in the selection
9 Code of Laws of South Carolina § 130
of a jury for the trial of criminal cases in said county court, the accused, when
charged with misdemeanor, shall be entitled to peremptory challenges not ex-
ceeding three, and the state two ; and in the trial of cases of felony, the accused
shall be entitled to peremptory challenges not exceeding five, and the state three.
In cases where there are two or more persons jointly indicted and so tried, the
accused shall be jointly entitled to four peremptory challenges in cases of mis-
demeanors and the state two, and in each case of felony, the defendants jointly
shall be entitled to six peremptory challenges and the state four. The empaneling
of juries in all civil cases in which the jury shall be charged with the trial of any
issue shall be according to the practice now established in the court of common
pleas, except the list of jurors now required by law to be furnished shall consist
of ten, from which list each party shall alternately strike until there remains
but six, which shall constitute the jury to try the case or issue. 1935 (39) 6.
§ 127. Judge — powers. — In all cases and special proceedings within the
jurisdiction of the county court and pending therein, the judge of the county
court shall have the same jurisdiction, both in open court and at chambers, as
is possessed by the circuit judges over cases pending in the circuit courts over
which they are presiding, or in the circuits in which they are residents : Pro-
vided, that said county judge shall have the power to issue writs of habeas corpus
in all cases - p and to grant bail in all cases triable in the county court. The county
court shall be open at all times, at the convenience of the county judge, for the
purpose of taking pleas of guilty and imposing sentences in all criminal cases
within the jurisdiction of this court with the consent of the accused. 1935 (39) 6.
§ 128. Appeals. — In all criminal and civil actions and special proceedings
of which said county court shall have jurisdiction, the right of appeal shall be
to the supreme court of the state, in the same manner and pursuant to the
same rules, practice and procedure as now govern appeals from circuit courts.
1935 (39) 6.
§ 129. Terms. — The terms of the county court of Greenville county shall
be as follows : Civil court on the first Monday in January for two weeks, on the
first Monday in March for two weeks, on the first Monday in June for two weeks,
on the fourth Monday in July for two weeks, on the first Monday in September
for one week, on the first Monday in October for one week, on the first Monday
in November for one week, and on the second Monday in December for two
weeks ; criminal court on the third Monday in February for two weeks, on the
third Monday in April for two weeks, on the second Monday in July for two
weeks, on the fourth Monday in September for two Aveeks : provided, that in
addition to the terms aforesaid the judge of the county court shall have au-
thority and power to call special or extra sessions of either civil or criminal
court in said county at such other times as the judge or court shall order, and
continue for such time as is necessary to dispose of the business of the Court,
provided, the notice as provided by law in the court of common pleas has been
given. And, provided further, in addition to the aforesaid terms, the Greenville
county court shall be in session at all times and o'pen for the transaction of such
business as can be disposed of without a jury. And provided further, the county
judge may in his discretion adjourn or suspend any term before or after the day
fixed by law for the opening of the term. 1935 (39) 6.
§ 130. Jury commissioners — drawing, summoning and attendance of jurors.
— The board of jury commissioners, as constituted by law in said county for
the drawing of jurors for the circuit court, shall constitute the board of jury
commissioners for the drawing of jurors to attend upon the sessions of the
§ 130 1936 Supplement 10
county court, and such commissioners shall, upon the order of said court, at
such time as shall be fixed, from the jury box (whether the same has been
previously drawn or not) draw a panel of petit jurors, and the clerk of said
court shall immediately issue to the sheriff a venire containing the names of
the persons thus drawn as petit jurors, which venire shall be returnable at
such time as may be named by the said court, and the persons so served shall
be the jurors for said court, and the law relating to the qualifications, drawing
and summoning of jurors of the circuit court shall apply, except as is herein
otherwise provided: Provided, that not more than eighteen persons shall be
drawn and summoned to attend the same time at any session of the county court,
unless the court shall otherwise order. Jurors drawn and summoned shall
appear and attend upon the sessions of the county court for which summoned
until excused or discharged by the judge thereof : provided, that services as
jurors in the county court shall not be held to exempt a juror from services as
such in the circuit court in the same year. The board of jury commissioners as
constituted by law in said county, for the drawing of grand and petit jurors
for the circuit court shall constitute the board of jury commissioners for the
drawing of grand and petit jurors to attend upon the sessions of the county
court and that the provisions of law applicable to drawing grand and petit
jurors in the courts of general sessions shall obtain and apply in criminal cases
in the county court. 1935 (39) 6.
§ 131. Clerk — records — cost in civil cases. — The clerk of the circuit court
shall be ex officio of the county court, and shall keep such calendars, minutes and
records of the said county court, and the cases pending therein, and attend and
perform the duties as the clerk thereof, as is required of him by law as clerk of
the circuit court (and courts of general sessions). The costs of the clerk in civil
cases in the county court shall be the same as those allowed in similar eases in
the court of common pleas. The county commissioners of said county shall
provide all books necessary for keeping records of said court, for which the
clerk shall receive no additional compensation. 1935 (39) 6, 46.
§ 132. Sheriff — cost in civil cases. — The sheriff of the county shall attend
upon all sessions of the said county court and shall be subject to the orders
thereof, and shall execute the orders, writs and mandates of the said county
court as required by law of him in reference to the circuit court. The costs and
fees of the sheriff in civil cases in the county court shall be the same as those
allowed in similar cases in the court of common pleas. 1935 (39) 6.
§ 133. Pay of jurors and witnesses. — Jurors in attendance upon the ses-
sions of the county court shall receive as compensation for their services the
same per diem and mileage as is allowed said jurors in the circuit court.
Witnesses in attendance upon said county court shall receive the same compensa-
tion as witnesses in attendance upon the circuit court. 1935 (39) 6.
§ 134. Judge — further powers — term — appointment — oath — salary — vacancy
— special judge — law practice. — The presiding judge of the county court shall
possess all the powers in respect to preserving order or punishing for contempt
of court as now possessed by circuit judges. The term of office for the county
judge shall be four years from the date of the expiration of his predecessor's
term. Said appointment shall be made by the governor in the following manner :
On the first Tuesday in December, 1934, and every four (4) years thereafter,
the Greenville bar association shall assemble in the court house at an hour to be
fixed by the president of the association (Provided, that if unable to assemble
on that day, a meeting shall be held thereafter as quickly as possible, due notice
11 Code of Laws of South Carolina § 136
being given by the president of the association) and shall select from the lawyers
of Greenville bar association one of their number who shall receive a majority
vote of the lawyers present. His name shall be immediately transmitted to the
chairman of the Greenville county delegation for approval or disapproval by
the delegation. The chairman of said delegation shall forthwith call the delega-
tion to meet on the question of approval or disapproval of the nominee of said
bar association. If said delegation approves the selection from said association,
the chairman shall immediately transmit his name to the governor for appoint-
ment and the governor shall thereupon appoint him, his term of office commenc-
ing on the termination of the office of the present Greenville County judge. If
said delegation shall disapprove of a nominee from said bar association, the
chairman of the delegation shall immediately notify the president of the bar
association to this effect and said association shall be called together, at a notice
of hot less than two days, to select another name and transmit to the delegation,
and the said delegation shall act on said name as in the first instance and so on,
until a judge has been selected by a majority of the bar association and approved
by the Greenville County delegation. The expression "Greenville County bar
association" as used herein shall mean every lawyer in Greenville County ad-
mitted to practice in the supreme court of this state who has an office in Green-
ville County for the practice of law, but shall not include attorneys who have
been admitted to practice who are in other lines of business. That the said county
judge, before entering upon the duties of his office, shall take the same oath of
office as required by law for circuit judges, and shall be commissioned in the
same manner as circuit judges. The salary of the county judge shall be three
thousand and five hundred ($3,500.00) dollars per annum, to be paid by the
county in monthly installments; said judge shall not charge on the facts, but
declare the law only. All vacancies in the office of county judge shall be filled
by appointment by the governor in the same manner as provided herein for the
original appointment. In case of absence or inability of the county judge, at
the time fixed for holding any term of said court, the governor may appoint
some other suitable person, being an attorney at law, to hold said term of court
as special county judge. The county judge, as provided for in this section, shall
not be allowed to practice law in any court in Greenville county, but may
practice in the probate court, U. S. district court and supreme court : Provided,
that no judge of the county court shall appear as counsel for anyone in any case
transferred from the said county court to the court of common pleas, where he
has been of counsel or where he is interested in the case, however remote. 1935
(39) 6.
§ 135. County solicitor — election — term — salary. — There shall be selected
by the legislative delegation a county solicitor from the members of the Green-
ville bar to prosecute all criminal cases before the county court, to serve until
the next general election at which time his successor shall be elected in the
same manner as provided for the county officers. The term of office shall be for
four (4) years and until his successor shall have been elected and qualified, and
his salary shall be eighteen hundred ($1,800.00) dollars a year payable monthly
by the county treasurer upon the warrant of such county solicitor. 1935 (39) 6.
§ 136. Court crier — bailiffs. — The clerk of court of Greenville County,
South Carolina, is hereby authorized and empowered to employ a court crier
and two bailiffs for the county court of Greenville County at an expense of not
exceeding two ($2.00) dollars per day, each, for each day's service actually
rendered in said court while the said court is in session. 1935 (39) 6.
§ 137 1936 Supplement 12
§ 137. Stenographer. — The said county judge shall appoint for the said
county court an official stenographer, who shall attend upon the sessions of said
court and perform the same duties in connection therewith as are performed
by the circuit stenographer in the circuit court. The said stenographer shall
receive from the said county the salary of nine hundred ($900.00) dollars per
annum, to be paid by the county in monthly installments, and in addition such
fees as provided by law for stenographers in the circuit court and courts of
general sessions. 1935 (39) 6.
§ 138. Costs. — All costs and disbursements allowing the prevailing party,
and all costs and fees allowed officers of court in actions in the court of common
pleas shall be allowed in actions in this court. 1935 (39) 6.
§ 139. Saving clause. — If any part of §§ 118-139 shall be declared uncon-
stitutional by the supreme court of South Carolina, it shall not affect the re-
maining portions of said sections. 1935 (39) 6.
§ 140. Duty of county commissioners. — Repealed by 1934 Acts, page 1491,
and 1935 Acts, page 6.
§ 141. County court in Orangeburg County.
See this section in 1934 Supplement.
§ 142. Judge and solicitor.
See this section in 1934 Supplement.
§ 145. General laws applicable unless inconsistent — entry of judgments —
procedure in minor criminal cases.
See this section in 1934 Supplement.
§ 148. Jurisdiction of county judge.
See this section in 1934 Supplement.
§ 152. Clerk — costs — records — entry of judgments on abstract — indexing.
See this section in 1934 Supplement.
§ 156. Solicitor — duties — inability to serve.
See this section in 1934 Supplement.
§ 157. Preparation of criminal cases for county court.
See this section in 1934 Supplement.
§ 158. Grand jury.
See this section in 1934 Supplement.
§ 159. Trial of equity cases.
See this section in 1934 Supplement.
§ 160. Stenographer.
See this section in 1934 Supplement.
§ 165. Jurisdiction.
§§ 75-101 reducing magistrates' jurisdic- county. Pickens v. Maxwell Bros. & Quinn,
tion in civil cases to amount not exceeding 176 S. C, 404; 180 S. E., 34S.
$25 inapplicable to magistrate in Richland
§ 173. Juries.
Attorney for plaintiff by failure to make and could not later make them. Altman v.
objections to juror which attorney could Efird Bros. Co., ., S. C. ; 1S5 S. E.,
by due diligence have discovered before 543.
jury was selected waived such objections
§ 191. Terms.
See this section in 1934 Supplement.
§ 192. Jury commissioners — duties — jurors — tales box.
See this section in 1934 Supplement.
§ 193. Clerk of court — duties — fees — judgments.
See this section in 1934 Supplement.
13 Code of Laws of South Carolina § 256-1
§ 206. Court of record — clerk.
See this section in 1934 Supplement.
§ 212. Certain probate notices or citations not required to be published.
See this section in 1934 Supplement.
§ 215. Judges not to act when interested.
Where judge presiding in proceeding by rendered binding only upon ward and
ward to require former guardian to make guardian, who waived judge's disqualifica-
final accounting had not yet made his tion because of interest in proceeding. Lide
final accounting or been discharged as v. Fidelity & Deposit Co. of Maryland,
present guardian of such ward, judgment 179 S. C, 161 ; 1S3 S. E., 771.
Chapter 4-A. — Courts of Domestic Kelations
§ 256-1. Courts of domestic relations in counties with city over 60,000. —
(1) Short Title — Applicable to Counties with City over 60,000. — This
section shall be known as the "Domestic Belations Court Law" and may be so
cited and shall apply to all counties in this state containing a city having a
population of over 60,000, according to the 1930 United States census.
(2) Definitions. — Certain words as used in this section have the following
meaning for the purposes thereof :
( 1 ) Court means the ' ' domestic relations court of the county of "
(2) Judge means the judge of the domestic relations court of the county.
(3) The w r ords part, division, clerk, probation officer, employee, officer, shall
be construed as if followed by the words "of the domestic relations court of
the county."
(4) Surety means a person or corporation executing an undertaking or
depositing cash in lieu thereof.
(5) The person for whom support is asked shall be known as the petitioner.
(6) The person legally chargeable with the support of a wife or child shall
be known as the respondent.
(7) Child means a person actually or apparently under sixteen years of age.
(8) Adult means a person sixteen years of age or older.
(9) Delinquent child means a child over seven and under sixteen years of
age (a) who violates any law of the United States or of this state or any
municipal ordinance, or who commits any act which if committed by an adult
would be an offense punishable otherwise than by death or life imprisonment;
(b) wdio is incorrigible, ungovernable or habitually disobedient and beyond the
control of his parents, guardian, custodian or other lawful authority; (c) who
is habitually truant; (d) w r ho, without just cause and without the consent of
his parent, guardian or other custodian, deserts his home or place of abode; (e)
who engages in any occupation which is in violation of law; (f) who begs or
who solicits alms or money in public places; (g) who associates with immoral or
vicious persons; (h) who frequents any place the maintenance of which is in
violation of law; (i) wdio habitually uses obscene or profane language; or (j)
who so deports himself as wilfully to injure or endanger the morals or health
of himself or others.
(10) Juvenile delinquency is the commission by a child over seven and under
the age of sixteen years of any of the offenses enumerated in the foregoing
definition of a delinquent child.
(11) Neglected child means a child under sixteen years of age (a) who is
without proper guardianship; (b) who has been abandoned or deserted by
either or both of its parents or by any other person or persons lawfully charged
with its care and custody; (c) whose parent, guardian or person with whom the
child lives, by reason of cruelty, mental incapacity, immorality or depravity is
unfit properly to care for such child; (d) whose parent or guardian has been
§ 256-1 1936 Supplement 14
sentenced to imprisonment for crime; (e) who is under unlawful or improper
supervision, care, custody or restraint by any person; (f) who wanders about
without lawful occupation or restraint, or who is unlawfully kept out of school ;
(g) whose parent, guardian or custodian neglects or refuses, when able to do so,
to provide necessary medical, surgical, institutional or hospital care for such
child; (h) who is found in any place the maintenance of which is in violation
of law; (i) who is in such condition of want or suffering or is under such
improper guardianship or control as to injure or endanger the morals or health
of himself or others.
(12) Destitute child means a child who through no neglect on the part of
his parent, guardian, or custodian is destitute or homeless, or in a state of want
or suffering due to lack of food, clothing, shelter, or medical or surgical care.
(13) Physically handicapped child means a person under twenty-one years
of age who, by reason of a physical defect or infirmity, whether congenital or
acquired by accident, injury or disease, is or may be expected to be totally or
partly incapacitated for education or for remunerative occupation, but shall
not include the deaf and blind.
(14) The words place, placed, commitment, and committed include replace,
replaced, recommitment and recommitted respectively.
(3) Established — Inferior to Circuit Court — Powers — Jurisdiction. —
There is hereby established in and for all counties in the state containing a
city of over 60,000 population according to the 1930 United States census, a
court of domestic relations to be known as the "domestic relations court of the
county of " which shall be a court inferior to the circuit court,
and shall have the powers and jurisdiction herein provided.
(4) Divisions of the Court. — The court shall comprise two divisions to be
known as the "children's court" and the "family court", respectively.
(5) Judge. — The judge of such court shall be appointed by the concurrence
of four of the following five officials, to wit : the resident judge of the circuit in
which such county lies, the circuit solicitor of said circuit, probate judge of
the county, the recorder or judge of the police court of the city containing more
than 60,000 population and the judge of the county court or other court in said
county inferior to the circuit court. The appointment shall be in writing and
signed by the appointing officials and such written appointment so signed shall
be and constitute the warrant of the judge of the domestic relations court of
said county, and the Governor shall forthwith issue a commission to him upon
receipt of notice of said appointment. No person shall be eligible to appointment
as judge unless such person shall have been admitted to practice as an attorney
and counselor at law of the Supreme Court of the state of South Carolina at
least ten years prior to the elate of such appointment, and shall have resided in
said county at least ten years. In making such appointments the said officials
shall select persons who because of their character, personality, tact, patience
and common sense are especially qualified for the work of the court. During
his term of office he shall not engage directly or indirectly in any other business
or profession but shall devote his entire time and capacity, so far as the public
interest demands, to the duties of his office. During his term of office he shall
not practice in any other court of the state, nor shall he hold any other public
office, nor shall he act as referee or receiver. No judge, officer, or employee of
the court shall demand nor receive for his own use any fees or perquisites of
office. The salary of the judge shall be $3,000.00 per annum, payable monthly
as county officers are paid.
15 Code of Laws of South Carolina § 256-1
(6) Judge — Term — Removable — Vacancy. — The judge shall hold office for
a term of seven years, and until his successor has been appointed and qualified,
and he shall be removable for cause by the concurrence of four of the five ap-
pointing officials after a full hearing at which he shall be fully informed as to
any charge against him and shall be entitled to be present and have counsel,
and to offer evidence. When a vacancy occurs in the office of judge it shall be
filled by appointment in the manner of the original appointment, as provided
in sub-section 5, for a term of seven years.
(7) Judge Make Certain Rules and Regulations. — It shall be the duty of
the judge to make rules and regulations governing the following subjects :
1. Regarding practice and procedure in the court of his county:
2. Regarding probation;
3. Regarding the receipt and payment of funds for the support of wives or
children.
4. Regarding the conduct and control of officers and employees. Such rules
shall be printed within a reasonable time after their adoption and copies shall
be available for the public and, insofar as the same are not in conflict with
existing provisions of law, and of this section, shall have the force of law.
(8) Attendance of Clerk and Probation Officer — Court Records — In-
vestigations — Subpoenas. — The judge shall prescribe the hours for the at-
tendance of the clerk and probation officer. He shall cause to be established and
supervised a system for keeping the records of the court and its various divisions.
The judge shall on his own initiative or on complaint, cause to be investigated
all matters pertaining to the court or to the officers or employees thereof, and
shall take such steps as may be necessary or proper in respect thereto. He may
take testimony under oath with regard to any matter concerning the court, and
may issue or cause to be issued a subpoena requiring witnesses to appear and
testify and to produce books and papers in regard to all matters relevant to
such inquiry.
(9) Clerk — Probation Officer — Appointment — Term — Vacancy — Salary
— Bond. — The judge shall have control over the officers of the court which shall
be a clerk and a probation officer. Both officers shall be appointed by the judge
for a term of two years but may be reappointed at the expiration of that term.
Any vacancy shall be filled by the judge. Any officer may be removed by the
judge for cause, provided that written charges must be first submitted. The
salary of the clerk shall be fixed by the judge at a figure not exceeding $1,200.00
per annum and shall be paid by the county treasurer in monthly installments.
Before taking office the clerk shall give a bond of $5,000.00 conditioned on the
faithful performance of his duties. The salary of the probation officer shall like-
wise be fixed by the judge at a figure not exceeding $1,500.00 per annum and
shall be paid by the county treasurer in monthly installments. Before taking
office the probation officer shall give a bond of $5,000.00 conditioned on the
faithful performance of his duties.
(10) Duties of Clerk of Children's Court. — The clerk of the children's
court shall have the following duties, among others :
1. Records. He shall cause to be kept a complete and accurate record of all
the proceedings in the various divisions of the court and of all money received
and disbursed.
2. Reports. He shall report in writing to the judge each month the number,
character and disposition of the cases coming before the court in its various
divisions and handled, the amounts of money received and disbursed by the
court for support, and such other information as the judge may require. He
§ 256-1 1936 Supplement 16
shall keep or cause to be kept such records of children as shall be prescribed or
approved by the judge, and shall make to the judge such statistical and other
reports concerning children as he shall deem to be necessary or as the judge
shall require.
3. Annual reporl ; budget. It shall be bis duty to prepare and submit to the
judge prior to January tenth of each year the annual reporl of the court for
the preceding calendar year. II shall also be his duty on or before the tenth day
of January to prepare and submit to the judge the tentative budget for the
expenses of the court for the ensuing calendar year.
4. Expenditure of funds. He shall be responsible for seeing that no funds ap-
propriated for the court are illegally or improperly expended.
5. Seal. He shall be the custodian of the court's records and official papers
and of the official seal of the court, and shall affix it to certificates of the court's
records and to such other papers as the judge may require.
6. Act as clerk of court. He shall have all the powers of a clerk of court and
shall act as such in the work of the court.
7. Bonds. He shall cause to be kept an accurate record of all bonds furnished,
both for bail and for support, which shall include the names of sureties, of the
person on whose behalf given, the date and the amount, and such other informa-
tion as may be required by the director of administration.
8. Bureau of information He shall maintain a bureau of information for the
public and shall promptly report to the judge the nature and circumstances of
all complaints made relative to the court or its officers or employees.
(11) Clerk of Court — Prepare Papers — Handle Funds — Report. — Peti-
tions for support and complaints for non-support and petitions relating to a
child and all legal process shall be prepared by the clerk of court and shall be
filed by him. lie shall have custody of all bonds and cash deposited, and when
such funds are to be applied for the benefit of a petitioner he shall turn them
over to the support bureau for that purpose. He shall report in writing to the
judge at least once in each month the fines imposed and received. The clerk
shall pay over the amount of all fines received by him to the county treasurer on
or before the fifth day of each month.
(12) Probation Officer. — The judge shall appoint a probation officer who
shall report to him at frequent intervals on the conduct of probation in the
various divisions of the court. Subject to the direction of the judge, he shall
have charge of the probation work of the court. He shall formulate uniform
methods for the probation work of the court and develop processes in the
technique of casework, including investigation, interviewing, use of records,
analysis of information, diagnosis, plan of treatment, correlation of effort by
individuals and agencies, and methods of influencing human behavior.
(13) Duties of Probation Officer. — It shall be the duty of the probation
officer, unless the court otherwise directs, to make a prompt and thorough in-
vestigation, before, during or after hearing, concerning the history, character
and circumstances of any case assigned to him. His reports shall be submitted
to the court and they shall include such facts as may aid the court in correcting
conditions responsible for the appearance of the case in court and in planning
for the future welfare of the parties involved. Every probation officer shall
keep himself informed as to the conduct and condition of all probationers under
his supervision and shall visit them as often as may be necessary, and shall
report thereon to the court in such manner and at such times as the court shall
require. He shall visit the petitioner and the home at such times as the rules of
the court shall prescribe. It shall be the duty of each probation officer assigned
17 Code of Laws of South Carolina § 256-1
to the work of supervision in the family court to secure the prompt payment by
the persons under his supervision of such sums as have been ordered by the
court to be paid for support, and to report promptly to the court any failure by
the probationer to make such payments, or to comply in any important respect
with the conditions of his probation. The probation officer shall keep accural e
accounts of all moneys and other articles collected or taken from the persons
under his supervision and shall make a report of the same to the court. He
shall keep an accurate record of all money received by him from his probationers
in the family court, or on their behalf, and shall report this in detail each week
to the court. He shall report promptly to the court any conduct of the pro-
bationer or other circumstances that in his judgment is in violation of the
conditions of probation or that would lead the court to modify those conditions
or revoke the probation. The probation officer shall be vested with the power
and authority conferred by law upon constables.
(14) Oaths — Acknowledgments. — The judge and clerk shall have power
to administer oaths and take acknowledgments.
(15) Eeceipts and Disbursements. — Each day at the close of the day the
clerk shall deposit in a bank approved by the court all funds then on hand.
He shall keep a careful and accurate record of all money received and paid out
in accordance with the rules of the court. He shall cause to be given or sent to
each person making payments to such bureau a receipt upon a printed form to
be signed in the name of the court with his name signed thereto, with a state-
ment of the amount of money received and from whom and on whose behalf.
Each such receipt shall carry a serial number, which shall also appear upon a
carbon copy on an identical form, on which the information filled in on the
original shall appear. He shall cause to be promptly transmitted to the probation
officer in charge of each case information with regard to all payments made
relative thereto and shall report specifically to such officer all instances where
required payments have not been made within a two weeks' period. No such
carbon copy shall for any reason be destroyed. It shall be the duty of the judge
at least once a month to carefully examine and check over these carbon copies
and the records of all money received and paid out in said part.
(16) Probation Officer Make Investigations — Supervise Probationers.—
It shall be the duty of the probation officer to interview petitioners for support,
to obtain from them and from others, as far as possible, all information neces-
sary to a constructive plan of treatment and the proper handling of their cases
by the court, to obtain from the appropriate departments of government and
from private agencies such information with regard to the previous records of
such persons and their families as may be appropriate, and to visit such peti-
tioners and their homes, as well as such members of their families as may be
necessary. He shall promptly report to the court in writing the results of its
investigations and without attempt to color the facts or influence the court's
decision. He shall supervise persons placed on probation by the court and to
see that the conditions of probation are carried out by the probationer, and to
aid by counsel and advice, and in other ways, in maintaining the families
under their care as social units, and to bring about harmonious relations in
the home.
(17) Terms of Court — Hours. — The court shall be open and sessions of
court shall be held every day in the year except Sundays and legal holidays. The
court shall be open and ready for the transaction of business on all such days
at ten o 'clock in the morning, and shall not close before two o 'clock in the after-
§ 256-1 1936 Supplement 18
noon on week days nor before noon on Saturdays. The judge shall be in actual
attendance thereon during such hours, except for a reasonable recess.
(18) Court Quarters, Furniture, Supplies, Etc. — The court established by
this section shall occupy and use such quarters as shall be assigned by the clerk
of the court of common pleas and general sessions of the county in the court
house for the court established by this section. All furniture, equipment, supplies
and other property or service in the custody or use of or allotted to said courts
shall be provided by the county supervisor. Until quarters shall have been as-
signed in the court house, as aforesaid, the judge, with the written approval of
the senator and a majority of the members of the house of the county, shall
arrange to secure temporary quarters for the court as convenient to the court
house as may be practicable, the expense to be defrayed from the contingent
fund provided for the court. The stationery and printing of the court shall also
be defrayed from such contingent fund.
(19) Attendance of Children at Court. — So far as possible a waiting room
shall be provided for the care of children brought to court by petitioners. Unless
directed by the court, children shall not be permitted in the court room, except
where the proceedings are in relation to the child.
(20) Inspection of Court Records. — The records of any case in the
children's court, by order of the court, may be withheld from indiscriminate
public inspection in the discretion of the judge, but such records shall be open
to inspection by the parent, guardian, next friend or attorney of the child. Any
duly authorized agency, association, society or institution to which a child is
committed may cause an inspection of the record of investigation to be had,
and may in the discretion of the court obtain a copy of the whole or a part of
such record.
(21) Court Seal. — The court shall have an official seal in such form as may
be prescribed by the judge.
(22) County and Municipal Authorities Cooperate — Institutions Re-
port on Children — Request Other Agencies Cooperate. — It is hereby made
the duty of every county and municipal officer and employee to render such
assistance and cooperation- as shall be within his jurisdictional power, to further
the objects of this section. All institutions or other agencies to which any child
shall be committed are hereby required to give to the court or its representative
such information concerning such child as the court or a justice thereof may
require. The court is authorized to seek the cooperation of all societies or
organizations, public or private, having for their object the protection or aid
of children, to the end that the court may be assisted in every reasonable way
to give the children within its jurisdiction such care, protection and assistance
as will best enhance their welfare.
(23) Enforce Court Orders and Decrees. — All of the provisions of the
state law relating to civil and criminal contempts shall apply to this court, and
the court and the judge thereof shall have all the power and authority of the
circuit court, or a judge thereof, to enforce its orders and decrees by punish-
ment for contempt, as in the equitable jurisdiction of the circuit courts of
South Carolina.
(24) Appeals. — An appeal may be taken to the court of common pleas of the
county by any party to the proceeding from any final order or judgment of the
court, by the service within five (5) days after the entry of said order or judg-
ment, of written notice of appeal, containing the grounds of alleged error. All
notices of or in connection with appeals shall be served upon the judge and up-
19 Code of Laws of South Carolina § 256-1
on the attorney for the county board of commissioners as well as upon the ap-
pellee or his attorney. In all proceedings in which the county is participating
the attorney for the county board of commissioners shall conduct the appeal to
final termination, but the consent or approval of the attorney for the county
board of commissioners to other appeals shall not be necessary.
"When notice of appeal is served as herein provided, the judge shall within
ten (10) days make return to the court of common pleas of the county upon the
appeal concisely setting forth the pertinent and material facts, the grounds of
the decision appealed from, copies of all papers filed in the record, and a copy
of such testimony as may have been taken, or a memorandum of evidence, if
testimony was not taken in the matter. The return shall be verified on oath by
the judge.
In family court cases the appeal shall not operate as a stay of proceedings in
respect to the order and no stay shall be granted, unless the appellant deposits
with the clerk of court from which the appeal is taken the sum of $100.00 in cash,
which may be applied to the support of the petitioner during said appeal, or
unless he gives sufficient surety by a written undertaking approved by the judge
of the court, that during the pendency of such appeal he will pay the amount
directed to be paid to the family court for the support of the petitioner. Failure
to make such payments automatically vacates such stay.
The court of common pleas may reverse or affirm wholly or partly, or may
modify the decisions brought up for review. If a new trial is ordered it shall be
had in the domestic relations court. All appeals under this section shall have
preference in the court of common pleas over all other civil actions and pro-
ceedings.
(25) Counsel for Court. — The attorney for the county board of commis-
sioners shall act as counsel for the court, and, at the direction of the court,
shall represent either party to a controversy who has no counsel, in cases where
the opposing party is represented by counsel, and shall take charge of all legal
proceedings on behalf of the court where the court's action is under review.
(26) Jurisdiction of Children's Court. — (1) Children. The children's court
in each county shall have exclusive original jurisdiction within such county to
hear and determine all cases or proceedings involving the hearing, trial, parole,
probation, remand or commitment of children actually or apparently under the
age of sixteen years, or who were under the age of sixteen years when the act
or offense is alleged to have been committed, or the right of action in such case
or proceeding accrued, who are, or who are alleged to be (a) delinquent, (b)
physically handicapped, (c) material witnesses, (d) mental defectives, (e) neg-
lected, and shall also have jurisdiction to appoint guardians of the person of
such children and to grant orders for the adoption of such children. Such court
shall also have jurisdiction in such proceedings to determine the question of
the rightful custody of such children if their custody is subject to controversy
and insofar as such custody or controversy relates to their immediate care. The
court may refer to any magistrate having jurisdiction any delinquent child who
it may conclude should be tried in the criminal courts.
(2) Adults; liability for support of children. The children's court shall also
have jurisdiction whenever the issues involving a delinquent or neglected child
are before the court, to inquire into and determine the liability of any parent or
other person who is charged with failure to provide for the maintenance of any
such child, when such person is required by law to provide for its care and main-
tenance ; and to inquire into and determine the liability of the parent of any child
§ 256-1 1936 Supplement 20
committed by the court, pursuant to any provision of law to a duly authorized
association, agency, society, or institution, and the liability of any other person
required by law to support or maintain any such child; and if judgment be
rendered affirming the liability of any such parent or other person to pay for
the maintenance, in whole or in part, of such child, and the court is satisfied,
after proper investigation and hearing that such parent or other person is able
to contribute towards its support, the court may by order require of such parent
or other person the weekly or monthly payment toward the maintenance or sup-
port of any such child such sum of money as the court shall deem fair and equi-
table, and may specify in the order the place where and the person, officer or
agency to whom such payments shall be made ; and if the sum paid shall be for
the maintenance of a child committed by the court it shall be credited to the
agency, association, society or institution having custody of the child, or to the
city, or county having the burden of its care and maintenance. Proceedings
under this subdivision may be instituted by a duly authorized agency, associ-
ation, society or institution or by an interested party or on the court 's own mo-
tion. The court may issue a summons or in a proper case a warrant or other proc-
ess to secure or compel the attendance of any necessary person, and such order,
when made, shall be enforceable and subject to execution as are orders and in-
junctions of courts of equity in this state.
(3) The children's court shall, except as herein otherwise provided, have ex-
clusive original jurisdiction in all cases against persons charged with a failure to
obey any order of the court made pursuant to the provisions of this subsection,
and any violation of an order made pursuant to the provisions of this subsec-
tion shall be punishable as a contempt of court.
(27) Institute Proceedings with Petition — Petitioners — Title. — The
parent or custodian of any child, an official of a child welfare board, any public
official charged by law with the care of the poor, the recognized agents of any
duly authorized agency, association, society or institution, or any person having
knowledge or information of a nature which convinces such person that a child
is neglected or delinquent, or that any child, by reason of its condition, environ-
ment or of its own acts is, in accordance with the provisions of this section, subject
to the jurisdiction of the children's court, or any person who has suffered in-
jury through the delinquency of such child or is concerned in its guardianship
or adoption, may institute a proceeding respecting such child by filing with the
court a petition, verified by affidavit, which petition shall state such facts as will
bring the child within the jurisdiction of the court. The petition shall include
the name and street address of the child and of its parents or other person or
persons having the guardianship, custody, control or supervision of such child,
or the person with whom it is domiciled, if the same be known to the petitioner,
or shall set forth that they are unknown if that be the fact ; and the petition shall
conclude with a prayer to the court for such action or relief as the law provides.
The title of the proceeding shall be "Domestic relations court of the county of
children's court, In the matter of a
child under the age of sixteen years."
(28) Judge Direct Summons — Witnesses. — Upon the filing of a petition the
judge may, either forthwith or after an investigation which he may direct
to be made, cause a summons to be issued, which shall be signed by him or by
the clerk of the court, requiring the child and its parent, guardian, custodian
or other person or persons having control of such child, or with whom it is domi-
ciled, to appear at the court at a time and place named to show cause why such
21 Code of Laws of South Carolina § 256-1
child should not be dealt with according to law. The court may also issue a
subpoena or in a proper case a warrant or other process to secure or compel
the attendance of any person whose testimony or presence at a hearing or pro-
ceeding is deemed by the court to be necessary; and any person who willfully
fails or refuses to obey any process of the court shall be guilty of a contempt of
court, and, may be punished therefor as in the courts of equity in this State.
(29) Service of Summons, Warrants and Other Process.— Service of a
summons shall be made by delivery of a true copy thereof to the person sum-
moned. If after reasonable effort personal service shall not have been made the
court or a justice thereof at any stage of the proceedings may make an order
providing for substituted service of the summons in the manner provided for sub-
stituted service in civil process in courts of record. The service of a summons must
be made at least twenty- four hours before the time stated therein for such appear-
ance ; but if so requested by a parent, guardian, or other person having the custody
or control of the child, the Judge shall not proceed with the hearing or proceeding
earlier than three days after such service. In case the summons cannot be served,
or the person or persons served fail to obey the same, and in any case when it shall
be made to appear to the court that a summons will be ineffectual, or that the
welfare of a child requires that such child or its parent, guardian or other per-
son having its custody or control, shall be brought forthwith into the custody
of the court, a warrant may be issued by the court either against the child, the
parent, guardian or other person having its custody or control. All papers, war-
rants or other process shall be served by any peace officer of the county in which
the court is located, when such officer is directed so to do by the court or a justice
thereof.
(30) Arrest of Children — Duty of Officers — Duty of Magistrates as to
Certain Children — Confinement.- — (1) Whenever any child is arrested, with
or without a warrant, it shall be the duty of the officer having such child in
charge immediately to notify the parent, guardian or other person responsible
for its custody or control, or the person with whom such child is domiciled, that
such child has been taken into custody; and forthwith and with all convenient
speed the officer shall directly and without his being first taken to the police
station house take such child to the children's court located in the county in
which the offense, if any, was committed, if the court is in session, and if not in
session then to the police station or county jail and the officer making arrest
shall immediately make and file a petition as hereinbefore provided. But nothing
herein contained shall be held to prohibit the acceptance of bail or recognizance
as provided by law.
(2) When a child alleged to be delinquent or neglected is brought before any
magistrate or other court for hearing or trial, and it is found that such child is
actually or apparently under the age of sixteen years, such magistrate or court
shall immediately, by order transfer the case or proceeding to the children's
court located in the county having jurisdiction of the case, and shall direct that
the child shall forthwith be delivered to this court, if it be in session, and if it
is not in session, then to the police station or county jail.
(3) Where a child is taken to the police station or the county jail, such child
shall be kept separate and apart from adults confined therein.
(31) Procedure When Not Prescribed. — Where the method of procedure in
a case, action or proceeding in which the court has jurisdiction is not prescribed
by this section, such procedure shall be the same as provided by law for other
courts exercising like jurisdiction, or by the rules adopted by the court, and
§ 256-1 1936 Supplement 22
the court shall have such jurisdiction as may be necessary to enable it to carry
out and enforce the provisions of this section.
(32) Children Testify without Being Under Oath. — In taking the testi-
mony of children the court may, in its discretion, dispense with the formality
of placing them under oath.
(33) Hearings. — All cases in which children are directly involved shall be
heard separately and apart from the trial or hearing of cases against adults, ex-
cept where adults and children are involved in the same case, which cases shall
be heard as may be provided by the rules of the court. The court shall have power
upon the hearing of any case involving any child, to exclude the general public
from the room wherein the said hearing is held, admitting thereto only such
persons as may have a direct interest in the case.
(34) Arrests — Discharge — Release. — If it appears from the petition that
the interests of justice require the immediate apprehension of a child the judge
may endorse or cause to be endorsed upon the summons an order that the of-
ficer serving the same shall at once take such child into custody, or he may issue
a warrant as provided bj T law. Any child in custody may be discharged by the
court, or pending the final disposition of any case the child affected may be re-
leased on bail or paroled in the custody of a parent, guardian, probation officer or
other person and the judge may direct that such child shall be brought before
the court at a time specified.
(35) Adjourn Hearings — Guardian ad Litem — Judgment. — Upon the re-
turn of the summons or other process or after any child has been taken into
custody, and at the time set for the hearing, the court shall proceed to hear and
determine the case. The court from time to time may adjourn the hearing and
inquire into the habits, surroundings, conditions and tendencies of the child so
as to enable the court to render such order or judgment as shall best conserve
the welfare of the child and carry out the objects of this section. During such ad-
journments the child may be placed in the custody of a parent, guardian, rela-
tive or other fit person and under the supervision of a probation officer, if the
court so directs. At any stage of a proceeding the judge may, in his discretion,
appoint any suitable person to be the guardian ad litem of the child for the pur-
poses of the proceeding.
The court, if satisfied by competent evidence, may adjudicate the child to be
delinquent or neglected, and in such case shall render judgment as follows:
(a) Suspend sentence during good behavior.
(b) Place the child, if delinquent, on probation or, if neglected, under su-
pervision to remain in his own home or in the custody of a relative or other fit
person, subject, however, to the supervision of the probation officer and to the
further orders of the court;
(c) Commit the child to the care and custody of a suitable institution main-
tained by the state or any subdivision thereof, including the reformatories of
South Carolina, or to the care and custody of a duly authorized association,
agency, society or institution.
(d) Impose a fine in a sum not to exceed two hundred dollars, or in the al-
ternative to remand, commit or place on probation as herein provided ;
(e) Continue the proceeding and place the child in its own home or in the
custody of a relative or other suitable person, or a duly authorized association,
agency, society or institution, for a certain designated period subject to the
orders of the court;
23 Code of Laws of South Carolina § 256-1
(f) Discharge the child, if a neglected child, to the custody of such officer,
board or department as may be authorized to receive children as public charges,
who shall provide for such child as in the case of a destitute child or as other-
wise authorized by law; or
(g) Render such other and further judgment or make such other order or
commitment as the court may be authorized by law to make.
A child may be placed and continued on probation for such time as the court
or justice may deem proper, but such period shall not be longer than five years,
nor shall it continue in any case beyond the twenty-first birthday of any child.
Such probationary period, however, may extend beyond the time such child
attains the age of sixteen years. In case of a violation of the probationary con-
dition, or of the condition of a suspended sentence, the court may impose on the
probationer any penalty or penalties which it might have imposed before placing
him on probation, and in any case where the court shall have adjudged a child
to be delinquent, or neglected, and shall have placed him on probation subject
to the supervision of a probation officer, the court in the manner aforesaid may
commit such child for a violation of the conditions of his probation at any time
during such probationary period irrespective of his age at the time of such
violation.
(36) Effect of Judgment, Confession, Etc. — No adjudication under the
provisions of this section shall operate as a disqualification of any child subse-
quently to hold office or as a forfeiture of any right or privilege or to receive any
license granted by public authority ; and no child shall be denominated a criminal
by reason of such adjudication, nor shall such adjudication be denominated a con-
viction. Neither the fact that a child has been before the children's court for
hearing nor any confession, admission or statement made by him to the court
or to any officer thereof while he is under the age of sixteen years shall ever be
admissible as evidence against him or his interest in any other court. Nothing
in this subsection contained, however, shall be construed to prevent any court, in
imposing sentence upon an adult after conviction, from receiving and consider-
ing the records and information on file in the children's court with reference to
such adult when he was a child.
(37) Examine Children — Medical and Surgical Care. — The court in its
discretion, either before, during or after a hearing, may cause any child within
its jurisdiction to be examined by a physician duly licensed as such by the state
of South Carolina or by a psychologist or psychiatrist, appointed or designated
for the purpose by the court. If it shall appear to the court that any child within
its jurisdiction is mentally defective, the court may cause such child to be
examined and if such child shall be found to be mentally defective, the court
may commit such child. In the case of a physically handicapped child the court
may issue an order for his (a) maintenance, (b) surgical, (c) medical or
therapeutic treatment, (d) hospital care, (e) appliances and devices, (f) home
teaching, (g) transportation, (h) education, (i) tuition, or (j) scholarships.
Whenever a child within the jurisdiction of the court and under the provisions
of this section appear to the court to be in need of medical or surgical care a suit-
able order may be made for the treatment of such child in its home, in a hospital
or other suitable institution, and the court may, after a proper hearing, issue an
order that the person or persons charged with the liability under the law to
support such child, shall pay the expenses of such treatment in the manner
provided elsewhere in this section for the support or partial support of children
committed by the court.
§ 256-1 1936 Supplement 21
(38) Modify and Vacate Orders and Judgments — Grant New Trial. —
(1) Any order or judgment made by the court in the case of any child committed
by virtue of any proceeding, may be vacated and set aside or modified, as
provided by law. But no petition for revocation or modification affecting a
juvenile delinquent shall be entertained by the court within thirty days after
the date of his commitment.
(2) In any juvenile delinquency proceeding the court may stay execution,
set aside or arrest judgment, or grant a new trial or hearing on any of the
grounds, authorizing any court of criminal jurisdiction so to do. The court also
may, in the exercise of its powers of protection over a neglected child, make such
an order regardless of whether a motion therefor was made before or after final
judgment or commitment. The court may entertain an application to that
effect by a duly authorized agency, association, society, or institution, or by any
.interested person acting on behalf of the child, or may act on its own motion
on giving proper notice to interested parties or to any agency, association,
society or institution having custody of the child.
(39) Judge Visit Institutions where Delinquent Children Committed. —
At least once each year it shall be the duty of the judge to visit each institution
to which a delinquent child shall have been committed by the court during the
year.
(10) Concurrent Jurisdiction with Probate Judge. — The court shall have
all the duties, power, authority and jurisdiction now vested by law in the
probate judge of the county, in respect of delinquent or neglected children,
which shall be concurrent with that of the probate judge, who is hereby au-
thorized to refer any case brought before him to the said court. Such jurisdiction
shall include the power to commit to the reformatories of the state in proper
eases.
(11) Construction. — This section shall be construed to the end that the care,
custody and discipline of the children brought before the court shall ap-
proximate as nearly as possible that which they should receive from their
parents, and that as far as practicable they shall be treated not as criminals
but as children in need of aid, encouragement and guidance.
(42) Family Court — Jurisdiction. — The family court shall have
(1) Jurisdiction within the county to hear and determine all proceedings to
compel the support of a wife, or child, or step-child; and
(2) In proceedings properly brought before the court for the support of a
wife, or child, or step-child it shall have
Jurisdiction for the protection and disposition of neglected or dependent
minors.
(3) Jurisdiction within the county in all cases or, proceedings against persons
charged with failure to obey an order of the court made pursuant to authority
conferred by law.
(13) Powers. — In the exercise of its jurisdiction the court shall have power
(1) To order support of a wife or child or step-child or both, irrespective of
whether they are likely to become a public charge.
(2) To include in the requirements of an order for support the providing of
necessary shelter, food, clothing, care, medical attention, expenses of con-
finement, the expense of educating his child, the payment of funeral expenses,
and other proper and reasonable expenses.
(3) To require of persons legally chargeable with the support of a wife, or
child, or step-child and who are possessed of sufficient means or who are able to
25 Code of Laws of South Carolina § 256-1
earn such means, the payment weekly, or at other fixed periods, of a fair and
reasonable sum for such support, or as a contribution towards such support,
according to the means of the persons so chargeable ; provided, however, that
the amount that the court may require a respondent to pay for the support of
the petitioner shall not exceed $25.00 a week.
(4) To make all orders for support run until further order of the court, except
that orders for support of a child shall run until the child is twenty-one years
of age; or, where there are physical or mental disabilities of the child or other
exceptional circumstances that warrant it, in the discretion of the court during
any period and beyond the child's minority as such physical or mental dis-
abilities may continue.
(5) To require the support of a wife who needs support where there are no
children, even though there is no physical or mental disability.
(6) To make an order for support of a wife by the husband, even though she
may have left the home, in cases where the husband's conduct or condition or
his cruel or inhuman behavior made it unsafe, improper or undesirable for her
to continue to live with him.
(7) In case where a child is involved to make an "order of protection", in
assistance or as a condition of an order for support, setting forth conditions of
behavior to be observed for a specified time which shall be binding upon
husbands or wives, or both, as circumstances may require, and which must be
reasonable.
Such orders may require either spouse
(a) To stay away from the home or from the other spouse or children;
(b) To permit the other to visit the children at stated periods;
(c) To abstain from offensive conduct against the other or against the
children ;
(d) To give proper attention to the care of the home;
(e) To refrain from acts of commission or omission that tend to make the
home not a proper place for the other spouse or the children.
(8) To award the custody of the children, during the term of such order of
protection, to either spouse, or to an appropriate relative within the second
degree. But nothing in this section contained shall vest in the family court the
power to place out or board out any child or to commit a child to an institution
or agency, except as provided in subdivisions eighteen and nineteen of this
subsection.
(9) To determine the manner in which sums order paid for support shall be
paid and applied.
(10) To require a person ordered to support another to give security by a
written undertaking that he will pay the sums ordered by the court for such
support, and when appropriate to discharge any such undertaking.
(11) In lieu of requiring an undertaking, to suspend sentence and place on
probation a person who has failed to support another as required by law, and to
determine the conditions of such probation and require them to be observed ; to
revoke such suspension of sentence and probation, where circumstances warrant
it, and to discharge a respondent from probation.
(12) To commit to jail as for contempt of court for a term not to exceed
twelve months a person who fails to obey the lawful orders of the court. Such
commitment shall not prevent the court from subsequently committing him for
failure to thereafter comply with such orders.
§ 256-1 1936 Supplement 26
(13) To release on probation prior to the expiration of the full term a person
committed to jail for failure to obey an order of the court or upon conviction
for non-support, where the court is satisfied that the best interests of the
family and the community will be served thereby.
(14) To modify or vacate any order issued by the court.
(15) To order either before, during or after a hearing, a mental, physical
and psychiatric examination of the petitioner or respondent.
(16) To commit for purposes of observation, in the manner provided by law
for a probate judge, or as provided in section 6239 of the Code of Laws of 1932,
a person before the court who the court has reason to believe may be insane.
(17) To exclude the public from the court room in a proper case.
(18) To punish any person guilty of a contempt of the court as provided
by law.
(19) To send process or other mandates in any matter in which it has jurisdic-
tion into any county of th^ state for service or execution in like manner and
with the same force and effect as similar process or mandates of the circuit
courts as provided by law.
(20) To compel the attendance of witnesses.
(21) To make any order necessary to carry out and enforce the provisions of
this section.
(44) Concurrent Jurisdiction with Circuit Court in Separations,
Divorces and Custody of Children — Procedure. — The court shall have all of
the power, authority and jurisdiction now by law vested in the circuit courts
of the state in actions for separation, divorce from bed and board, and custody
of children. Such jurisdiction shall be concurrent with that of the circuit courts.
The proceedings shall follow those of the circuit courts, except that appeals
shall be in the first instance to the court of common pleas of the county.
(45) Petition for Support of Wife or Child. — Notwithstanding the pro-
visions of any other law, a wife or child or step-child may file with the court a
petition that the court order the persons legally chargeable with their support to
support said petitioner as required by law. Such petition shall be under oath and
may be made on information and belief and may be filed on behalf of such wife or
child or step-child by the parent or guardian of the child, or other person in
loco parentis, or by any public official having a duty or responsibility relative
thereto, or by the representative of an incorporated charitable or philanthropic
society having a legitimate interest in the petitioner. It shall not be necessary
as a condition precedent to the filing of such a petition for the petitioner to
make a demand upon the respondent for support.
(46) Petition. — The petition shall be in the name of the person for whom
support is asked, and shall be in such form as may be prescribed by the court.
The person for whom support is asked shall be known as the petitioner and the
person legally chargeable with such support shall be known as the respondent.
The terms complainant and defendant shall not be used.
(47) Public Officials Cooperate — Banks Give Information. — It shall be
the duty of all public officials and employees, when so requested, to render such
assistance and cooperation to the court as shall be within their power, to
further the purposes of this section. Banks and other fiduciary institutions are
hereby authorized and required to report to the court, when so requested, full
information relative to any funds therein deposited by the petitioner or
respondent.
27 Code of Laws of South Carolina § 256-1
(48) Interview Respondent. — Upon the receipt of an application for support
the clerk of the court shall mail or deliver to the respondent a written notice
informing him of the fact that such application has been made and asking him
to call at the court or arrange for an interview so that his side of the case may
be fairly presented. His statements and other information with regard to him
shall be recorded on a form to be known as the ' ' respondent 's statement ' ' which
shall become part of the case histouy. Such statements shall be inquired into by
the probation officer. Care shall be taken not to disturb the respondent's rela-
tions with his employers.
(49) Compromise Issues — Judge Approve. — Except where the circumstances
indicate it to be undesirable, in all cases where an application for support has
been made, an effort shall be made by the judge to restore harmonious relations
between the petitioner and the respondent and to adjust the issues raised by the
application through conciliation and agreement. Where an agreement for the
support of the petitioner is brought about it must be reduced to writing and
submitted to the court for approval. The court where possible shall see both
parties, and shall inquire of each whether the agreement, which he must state
to them, is what they have agreed to. If it is, and the court shall approve it,
the court without further hearing may thereupon enter an order for the support
of the petitioner by the respondent in accordance with such agreement, which
shall be binding upon the respondent, and shall in all respects be a valid order
as though it had been made after process had been issued out of the court. The
court record shall show that such order was made upon agreement.
(50) Issue Summons when Parties Cannot Agree — Refuse. — The court
after receiving the petition, in cases where no agreement has been reached by
the respondent and petitioner, shall in a proper case cause a summons to be
issued, which shall be signed by the court or by the clerk of the court, requiring
the respondent to appear at the court at a time and place named to show cause
why the order for support prayed for by the petition shall not be made. Summons
shall be in such form as may be prescribed by the court. A summons shall not
be refused without giving the petitioner an opportunity to be heard by and
present witnesses to the court.
(51) Issuance and Service of Warrants. — When a petition is presented to
the court and it shall appear
(a) that the summons cannot be served; or
(b) that the respondent has failed to obey the summons; or
(c) that the respondent is likely to leave the jurisdiction ; or
(d) that in the opinion of the court a summons would be ineffectual; or
(e) that the safety of the petitioner is endangered; or
(f ) that a respondent on bail or on parole has failed to appear, the court may
issue a warrant, in the form prescribed in the next subsection, directing that the
respondent be arrested and brought before the court. Warrants and other process
may be served by any peace officer, or by the probation officer. The court shall
make rules relative to the service of warrants. Warrants issued by the court shall
be valid throughout the state.
(52) Form of Warrant. — A warrant of arrest may be substantially in the
following form, the blanks being filled in :
State of South Carolina,
County of.
To any peace officer in the state of South Carolina :
A petition under oath having this day been laid before me showing that
§ 256-1 1936 Supplement 28
is legally chargeable with the support of
and has failed to provide such support and praying this court to exercise its
powers to compel such support.
You are, therefore, commanded forthwith to arrest the above named
and bring him before this court at
Dated at the day of 19
Judge of domestic relations court of the
County of
(53) Service of Summons and Process.— Summons and process other than
warrants may be served through the mails, but a default order shall not be
entered or a warrant issued thereon for failure to obey a summons or process
thus served except on proof that it was received by the respondent. Personal
service of summons or other process shall be made by the delivery of a true copy
thereof to the person summoned, or by leaving the same at his residence with a
person of discretion. In all cases service of summons must be made within a
reasonable time before the time stated therein for such appearance, as may be
provided by the rules of the court.
(54) Hear and Determine Issues. — Upon the return of the summons, the
court shall proceed to hear and determine the case. The respondent shall be in-
formed of the contents of the petition and shall be given opportunity to be heard
and to subpoena and present witnesses. If the court finds that the respondent is
chargeable with the support of the petitioner and should be compelled to provide
such support, the court shall make an order requiring such respondent to pay
weekly, or at other fixed periods, a fair and reasonable sum for, or towards, the
support of the petitioner, and to observe such conditions of behavior as the
court may determine.
(55) Rules of Court — Adjournment — Temporary Support. — Hearings shall
be conducted in accordance with such rules as the court may adopt. The court
may adjourn the hearing from time to time for proper cause. Where the peti-
tioner's needs are so urgent as to require it, the court may make a temporary
order for support pending a final determination.
(56) Arrests. — When a respondent is brought before the court upon an
arrest the court shall proceed as upon the return of the summons as provided
in subsections fifty-four and fifty-five, and he may be admitted to bail, or re-
leased on parole, in the court's discretion, to such time or times as the court
may fix for the hearing or hearings in the proceeding.
(57) Counsel — Witnesses — Presumptions. — At the commencement of a
hearing under the provisions of subsections fifty-four and fifty-five, the court shall
inform the respondent of his right to the aid of counsel at every stage of the
proceeding and before any further proceedings are had; and in the case of a
trial shall also inform him of the charge against him. In any such hearing or
trial wives and husbands shall be competent witnesses against each other; a
husband or father shall, prima facie, be presumed to have sufficient means to
support his wife and children ; a dependent adult without means to maintain
herself shall be presumed to be likely to become a public charge.
(58) Failure to Support. — Where a respondent shall neglect or refuse to
obey an order for support made under the provisions of subsection fifty-four and
the court is satisfied thereof by competent proof, it may with, or without notice,
issue a warrant to commit the respondent to jail until the order is obeyed or-
29 Code of Laws of South Carolina § 256*1
until the respondent is discharged according to law, but in no event for a period
exceeding twelve months.
(59) Place on Probation. — In the case of a respondent who shall have neg-
lected or refused to obey an order for support as provided in subsections fifty-
four and fifty-eight the court may suspend sentence or the execution of the
warrant, as the case may be, and place him on probation under such conditions
as the court may determine. No person, however, shall be placed on probation
unless an order to that effect is made by the court.
(60) Revoke Probation — Effect. — The court may at any time, where circum-
stances warrant it, revoke the probation of a respondent. Upon such revocation
the respondent shall be brought to court and shall be dealt with by the court
as if there had been no probation, and to that end with, or without a further
hearing, the court may make any order that might have been made at the time
of such probation.
(61) Admit to Bail — Bond. — If the respondent be admitted to bail, the con-
dition of the undertaking shall be for his future appearance according to the
terms thereof, or in default of such appearance, that the surety will pay to the
clerk of the court a specified sum as therein set forth. Instead of entering into
such an undertaking a respondent may deposit money in an amount to be fixed
by the court. If the respondent fails to appear in accordance with the terms of
the undertaking, the court shall enter the fact of such non-appearance upon the
record, and the undertaking for his appearance, or the money deposited in lieu
thereof, shall be forfeited and upon order of the court the sum recovered shall
be applied by the clerk of the court for the benefit of the petitioner. The court
may, however, in its discretion remit such forfeiture.
(62) Arrests when Court Not in Session. — If a respondent is arrested
under a warrant of the family court at a time when the family court is not in
session, he shall be taken to the most accessible magistrate and arraigned before
him. The production of the warrant shall be evidence of the filing of a proper
information, and the magistrate shall thereupon hold the respondent, admit to,
fix or accept bail, or parole him for trial before the family court. All subsequent
proceedings shall be had in the family court.
(63) Duty of Magistrates as to Certain Persons. — Whenever a person is
brought before a magistrate and, in the opinion of such magistrate, the person
should properly be brought to the family court, the magistrate shall thereupon
transfer such case to the family court and direct that the persons involved be
taken thereto.
(64) Probation Officer Visit Persons in Jail — Report. — Where a respond-
ent has been committed to jail he shall be visited shortly after such commitment
by the probation officer assigned for duty for the purpose of seeing whether he
is then likely to obey the order of the court if released. A report in writing shall
be made to the court by the probation officer, setting forth the nature of the
interview thus had. The time of making the initial visit and subsequent visits
to respondents in jail, which shall be made at reasonably frequent intervals,
shall be at such times as the rules of the court may prescribe. Written reports
shall be made of all such interviews. These shall be part of the case history.
(65) "Give Bond Provide Support. — The court may require the respondent to
given to the clerk a written undertaking with sufficient surety approved by the
court that the respondent will abide by the order for support. The required
amount of the principal of such undertaking shall not exceed the total payments
for support required for three years and shall be stated in the order for support.
$ 256-1 1936 Supplement 30
The respondent may deposit such sum in cash with the clerk. The form of the
undertaking and the form and manner of justification of the surety shall con-
form to the rules of the court.
(66) New Bond. — The court may at any time thereafter, before or after there
has been a default, if all arrears have been paid in case there shall have been a
default on such undertaking, accept a new undertaking in lieu of the original
undertaking, and the court shall enter an order discharging such undertaking.
(67) Default. — A default in the terms of the order shall constitute a breach
of the undertaking. When there has been a default the court shall cause an
affidavit to be drawn, verified and filed by any person familiar with the facts.
The surety shall thereupon be personally served with notice of such default
and shall be required to attend at the court on a day certain and show cause
why judgment should not be entered on the undertaking and the amount thereof
applied to the relief of the petitioner for the amount in default. If the surety
appears and pays the amount in arrears the court may remit the forfeiture.
Inability to serve the surety shall not be prejudicial to the renewal of proceed-
ings against the respondent.
(68) Court Decide if Default Exists — Effect of Judgment. — If the surety
contests the default the court shall hear and determine the issue. In the event
that the court finds that a default has been suffered, it shall make an order
specifying the amount in default and forfeiting the undertaking or cash deposit
to the extent of such default A certified copy of such order shall be filed in the
office of the clerk of the court of common pleas of the county with a certified
copy of the undertaking and thereupon the said clerk shall docket the same in
the book kept by him for the docketing of judgments, as if the same was a
transcript of a judgment for the amount of such sum in default. The certified
copy of the undertaking and of the order shall be the judgment record. Such
judgment shall be in lien on all of the real estate, as in the case of other judg-
ments entered therein, and collectible out of the real and personal property of
the surety. An execution may be issued to collect the amount thereof in the
same manner as upon a judgment recovered in any court of record. It shall be
the duty of the attorney for the county board of commissioners to take the
necessary proceedings to collect such judgment.
(69) Use of Funds Forfeited or Defaulted — Death of Respondent. — (1)
All sums collected from the surety by judgment as well as forfeited cash de-
posits shall be applied by the clerk of court to the support of the petitioners for
whose benefit the order for support was made. Subsequent defaults shall be
proceeded upon in the same manner until the amount of the principal of the
undertaking or the cash deposited has been recovered in full.
(2) Where the respondent, or any one in his behalf, shall have deposited with
the court monies as surety for compliance with the terms of the order of support
and the respondent shall have died, the court may make an order directing the
payment to the petitioner of all monies still in possession of the court in con-
formance with the other of support.
(70) Relieve Surety of Liability. — A surety may at any time surrender a
respondent to the court. The respondent shall thereupon be dealt with as pro-
vided in the order for support. If the arrears on the order for support with
interest thereon are paid in full, the court may make an order discharging the
surety of any further liability and directing the return of the balance of the
cash on deposit to the person entitled thereto.
31 Code of Laws of South Carolina § 281
(71) Order of Liability Ceased. — Whenever the liability on an undertaking
has ceased, the court shall make an order to that effect.
( 72 ) Require New or Additional Security. — After an undertaking has been
given or cash has been deposited and it shall appear upon proof of affidavit
either
(a) that a judgment entered upon default can not be collected; or
(b) that the liability of the surety has ceased ; or
(c) that the money deposited has been applied in full; or
(d) that personal service cannot be effected upon the surety or the person
depositing the cash ; or
(e) if for any reason the court shall find that there is not sufficient security;
the court may issue a warrant for the arrest of the respondent, and require him
to give new or additional security. In default thereof the court may commit him
under the original order in the manner hereinabove provided.
(73) Effect of Other Laws. — All laws and parts of laws, whether general,
local or special, which are inconsistent with or in conflict with or repugnant to
any provision of this section shall be deemed not to apply.
(74) Jurisdiction of Other Courts Not Affected. — Nothing in this section
contained shall be deemed to limit, abridge, or impair the jurisdiction of the
circuit court, probate court or of any court of record.
(75) Saving Clause. — If any provision of this section is held by the courts
to be invalid, such decision shall not affect the validity of the rest of the section.
1936 (39) 1499.
This section added by 1936/1499.
§ 247. Revoke and send to orphan asylum or reformatory.
See this section in 1934 Supplement.
§ 255. Jurisdiction of probate court in counties between 85,000 and 100,-
000 as to certain minors.
See this section in 1934 Supplement.
§ 276. Court established.
See this section in 1934 Supplement.
§ 277. Jurisdiction.
See this section in 1934 Supplement.
§ 278. Presiding judge — compensation.
See this section in 1934 Supplement.
§ 279. Pleadings and practice — duties and powers of magistrates.
See this section in 1934 Supplement.
§ 281. Jury commissioners — drawing — summoning and impanelling of
juries. — The county auditor, the county treasurer, and the judge of the said
civil and criminal court shall constitute the jury commissioners of said court,
to serve without compensation : Provided, That in case one of said commissioners
shall be unable to act at any time by reason of absence, sickness or other dis-
ability, the superintendent of education of Charleston County shall act as such
jury commissioner in his place and stead. They shall during the month of
January next succeeding every general election for state officers prepare a list
of not less than three thousand of the qualified electors residing within the
jurisdiction of the court, now or hereafter qualified by law to act as jurors, and
shall cause the said names of each one to be written on a separate piece of
paper or ballot, and shall fold up such pieces of paper or ballots so as to resemble
each other as much as possible, so that the names thereon shall not be visible
from the outside, and shall place them in a jury box to be furnished by the
county commissioners for that purpose, and all names for jurors for said court
§ 281 1936 Supplement 32
shall thereafter be drawn from said box in the manner herein provided. It shall
be the duty of the clerk of the said court to keep said jury box in his custody;
and such jury box shall be provided with three locks, each different ; the keys
to said locks shall be kept by the jury commissioners of said court, respectively,
so that neither of said parties shall hold keys to the same lock. And it shall be
the duty of the county supervisor for the county of Charleston to furnish to the
said jury commissioner above mentioned a jury box of sufficient size and without
any compartments therein, so that, when all the separate pieces of paper or
ballots aforesaid shall be folded and enclosed therein, they may be capable of
being readily shaken out and intermixed in such box. Not less than ten (10) days
nor more than twenty (20) days before the first day of each week in which jury
trials are to be held and only after five days advertisement by placing- notice
in two public places in the jurisdiction of the court, one of which places must
be the county court house, the jury commissioners of said court shall proceed to
draw indiscriminately from the said jury box, not less than twenty (20) persons
to serve for such week only, and the clerk of said court shall issue his writ of
venire facias for such jurors requiring their attendance on the first day of the
week for which they have been drawn; and the said writ of venire facias shall
be forthwith delivered to the sheriff of Charleston County for execution by him
and he. shall make his returns thereon at least two (2) days before the day when
the jurors are required to attend : Provided, that whenever it shall be necessary
to supply any deficiencies in the number of jurors duly drawn, the jury com-
missioners of said court shall draw from the jury box such number of jurors
as shall be necessary, in which case venire shall be served and returned, and
jurors required to attend on such days as the court shall direct, and, provided,
further, that in cases in which jury trials may be held in said civil and criminal
court during the period in which the courts of common pleas and general sessions
for Charleston County are in session, as provided in section 288, as amended, jury
panels for such trials may be drawn not less than three (3) days before such
trial, and without advertisement thereof, where one day's notice of the time
of drawing is given to the parties or their counsel. 1935 (39) 284.
§ 284. Clerk — duties and powers.
See this section in 1934 Supplement.
§ 285. Pay of jurors and sheriff — docket fee.
See this section in 1934 Supplement.
§ 286. Appeals.
See this section in 1934 Supplement.
§ 288. Procedure — terms.
See this section in 1934 Supplement.
§ 288-1. Transfer of causes.
See this section in 1934 Supplement.
§ 290. Appointment of recorder.
See section 931-1 (193G/1435), which magistrate and recorder court be taken in
provides that testimony of witnesses in writing.
§ 299. Jurisdiction of court.
See this section in 1934 Supplement.
§ 311-1. Civil and criminal court for portion of Oconee County.
See this section in 1934 Supplement.
§ 350. Courts order payment of money to minors, etc.
See this section in 1934 Supplement.
§ 385. After forty years, no action whatever allowed.
See generally.— McQuage et al. v. Calhoun et al.. ITS S. C, 341 ; 1S3 S. E., 164.
33
Code of Laws of South Carolina
§ 434
§ 387. Twenty years.
See generally.— McQuage et al. v. Calhoun et al., 178 S. C, 341 ; 183 S. E., 164.
§ 388. Six years.
Debtor may direct application of pay-
ment to any of his debts, but should no
direction be given creditor, then creditor
may apply payment in such manner as
§ 404. Who may be defendants.
Person who canceled mortgage upon exe-
cution of deeds to his wife in belief no
other liens existed against property was
properly made party defendant in fore-
§ 409. Court to decide controversy, etc
Bringing in or retaining of parties in
suits in equity is left very much to the dis-
cretion of trial judge. Bennett v. Hindman,
176 S. C, 151 ; 179 S. E., 794.
In foreclosure action by assignee, mort-
best pleases him, as regards running of
statute of limitations. Johnson v. Broome,
175 S. C, 385 ; 179 S. E., 315.
closure action instituted by holder of
another mortgage. Maxwell v. Epton, 177
S. C, 184; 181 S. E., 16.
gagor not entitled to have mortgagee and
others who had no interest in note, mort-
gage or property, made parties thereto.
Bennett v. Hindman, 176 S. C, 151; 179
S. E., 794.
§ 412. Beneficiaries of action for wrongful death.
Settlement of claim for wrongful death of deceased applied to probate court. El-
by administratrix, who had herself f raudu- lenberg v. Arthur, 178 S. C, 490 ; 183 S. E.,
lently appointed as such, with consent of 306.
probate court, set aside when lawful wife
§ 422. Actions to be tried in county where defendant resides.
Service of summons and complaint on could have the cause transferred to county
defendant by leaving copy of same with of his residence for trial. American Agri-
defendant's wife in county other than de- cultural Chemical Co. v. Smith, 175 S. E.,
fendant's residence valid. Such defendant 275; 173 S. C, 158.
§ 423. Suits against insurance companies may be brought in county where
loss occurs.
Venue in actions against insurance company. — See notes to § 7997.
§ 427. Actions.
Original actions against Governor as of-
ficer of state to set aside Governor's orders
suspending state highway commissioners
from office were properly before Supreme
§ 434. Summons — how served.
Jurisdiction can be obtained only by
service of process in manner prescribed by
law of forum, and there must be certainty
person served is such party as meets re-
quirements of statute. Dyar v. Georgia
Power Co., 173 S. C, 527 ; 176 S. E., 711.
In action by wife against husband, serv-
ice of summons and complaint on person
in charge of husband's office, who was out
of state securing divorce from his wife,
valid. St. Clair v. St Clair, 175 S. C, 83;
178 S. E., 493.
Service of process on a person who has
ceased to represent a foreign corporation
as its agent prior to bringing suit is en-
tirely nugatory. This applied to attorneys,
who, except by express authority, have
power to accept service of a process which
institutes a suit. Dyar v. Georgia Power
Co., 173 S. C, 527; 176 S. E., 711.
A citizen of another state within the
borders of this state for the purpose of at-
tending court as an attorney, or witness, is
immune from suit or service of process
while here. Dyar v. Georgia Power Co., 173
S. C, 527; 176 S. E., 711.
However agent of foreign corporation in
Court, notwithstanding only rules to show
cause and not summons or other process
had been served on Governor. Dacus v.
Johnston, 180 S. C, 329; 185 S. E., 491.
this state when court not in session en-
gaged in making investigation for purpose
of bringing information into court to
testify as an expert witness, etc., may be
served. Dyar v. Georgia Power Co., 173
S. C, 527 ; 176 S. E., 711.
Service on person in this state, who was
salesman for foreign corporation, who was
designated on its stationery as its sales-
man, who canvassed the trade in auto with
such corporation's name on it ; although
goods were shipped to consumers with
draft, order notify bill of lading attached
in many instances, valid. Forbes v. Kiugan
& Co., 174 S. C, 24; 176 S. E., 880. Dyar
v. Georgia Power Co., 173 S. C, 527; 176
S. E., 711.
Any agent. — Where the cause of action
arises in the state, any person acting for
the corporation in any representative ca-
pacity is an agent to make service upon.
Forbes v. Kingan & Co., 174 S. C, 24 ; 176
S. E., 880.
"Doing business in this state" construed
— "Agent of foreign corporation" con-
strued. — Dyar v. Georgia Power Co., 173 S.
C, 527 ; 176 S. E., 711.
§ 434 1936 Supplement 34
A corporation organized and existing un- buck & Co., 178 S. C, 482 ; 183 S. E., 303.
der the laws of another state cannot be Proof of service should show require-
bound by service of summons and com- ments of law in making service were com-
plaint on agent of a corporation organized plied with, otherwise order of arrest for
and existing under laws of this state and imprisonment should not be issued. Cannon
having no legal affiliation whatever with v. Ilaverty Furniture Co., 179 S. C, 1 ; 183
the corporation organized under the laws S. E., 469.
of such other state. Harrell v. Sears, Roe- See notes to § 7765, 1934 Supplement.
§ 436. Publication of summons.
See this section in 1934 Supplement.
§ 437. Service' on non-residents in actions arising out of accidents or col-
lisions of motor vehicles. — (1) Director of Motor Vehicle Division Lawful
Attorney. — The acceptance by non-resident of the rights and privileges con-
ferred by the laws now or hereafter in force in this state permitting the opera-
tion of motor vehicles, as evidenced by the operation of a motor vehicle by such
non-resident on the public highways, streets of any incorporated or unin-
corporated municipality and public roads of this state, or the operation by such
non-resident of a motor vehicle on the public highways, streets of any in-
corporated or unincorporated municipality and public roads of the state other
than as so permitted or regulated, shall be deemed equivalent to the appointment
by such non-resident of the director of motor vehicle division of the state high-
way department, or of his successor in office, to be his true and lawful attorney
upon whom may be served all summons or other lawful process in any action
or proceeding against him, growing out of, any accident or collision in which
said non-resident may be involved by reason of the operation by him, for him,
or under his control or direction, express or implied, of a motor vehicle on such
public highway of this state, and said acceptance or operation shall be a
signification of his agreement that any such process against him shall be of the
same legal force and validity as if served on him personally. Service of such
process shall be made by leaving a copy thereof, with a fee of one dollar, in
the hands of said director of motor vehicle division of the state highway depart-
ment, or in his office, and such service shall be sufficient service upon the said
non-resident: Provided, that notice of such service and a copy of the process
are forthwith sent by registered mail by the plaintiff or the director of motor
vehicle division of the state highway department to the defendant and the
defendant's return receipt and the plaintiff's affidavit of compliance herewith
are appended to the summons or other process and filed with said summons, com-
plaint and other papers in the cause. The court in which the action is pending
shall order such continuance as may be necessary to afford the defendant reason-
able opportunity to defend the action. 1935 (39) 249.
The italics in sub-section 1 added by For service on common carriers operating
1935/249. The section otherwise remains un- motor vehicles section 8511 should he con-
changed, suited herewith.
§ 441. When jurisdiction of action acquired.
Service of original summons and com- sequent proceedings. St. Clair v. St. Clair,
plaint valid court had jurisdiction of sub- 175 S. C, 83 ; 178 S. E., 493.
§ 456. Complaint — what to contain.
Cited— Waldrop v. M. & J. Finance Corporation, 176 S. C, 490; 180 S. E., 555.
§ 458. When the defendant may demur.
In action against foreign corporation for poration. 176 S. E., 490; 180 S. E., 555.
conversion of automobile on which plain- That another action covering same mat-
tiff had lien, complaint held demurrable as ters was pending between same parties in
against codefendants who were allegedly same court held not to render complaint
indebted to corporation where there was no which did not on its face disclose such fact
allegation that codefendants were under demurrable, and objection was required to
obligation to plaintiff, or had done him any be raised by answer. Setzler v. Foil, 179 S.
wrong. Waldrop v. M. & J. Finance Cor- C, 232 ; 183 S. E., 907.
35
Code of Laws of South Carolina
§ 494
§ 470. Sham and irrevelant defenses to be stricken out.
This section constitutes full authority
for striking, for irrelevancy, either (1) an
entire answer or (2) an entire separately
pleaded defense. Burkhalter v. Townsend,
139 S. C, 324, 138 S. E., 34, 37. Harman v.
§ 478. Striking out irrevelant or redundant matter and making indefinite
matter more definite.
Harman, 54 S. C, 100, 31 S. E., 881. Vir-
ginia-Carolina Chemical Corporation v.
Tweed-Lumber Co., 174 S. C, 497; 178 S.
E., 131.
In an action under section 600 for the
construction of a will, complaint alleges
and the answer admits the will was duly
probated in common form, and more than
four years elapsed without probate in sol-
emn form being required as provided in
section S932, and where the disability of
infancy is not alleged, the striking from
the answer allegations that the will was
will be made to probate court for probate
in solemn form despite expiration of four-
year period prescribed in section 8932 held
proper. Infancy is the only disability made
an exception to the four-year period by
section 8932. Wilkinson v. Wilkinson, 178
S. C, 194 ; 182 S. E., 640.
Cited — Waldrop v. M. & J. Finance Cor-
poration, 176 S. C, 490 ; 180 S. E., 555.
not properly executed, and that application
§ 487. What causes of action may join. — * * * (8) Principal and Surety
Jointly and Concurrently Liable on Bonds or Insurance Kequired by
Law — Join in Same Action. — In all cases where it is now or hereafter provided
by law that an indemnity bond or insurance must be given by a principal for
the performance of contract, or as insurance against personal injury founded
upon tort, the principal and his surety, whether on bond or insurance, may be
joined in the same action and their liability shall be joint and concurrent. 1935
(39) 406.
This sub-section added by 1935/406.
Consolidation of two actions for recovery
of benefits alleged to be due under two sep-
arate policies of insurance, policies in ques-
tion being identical as to dates, amounts,
and provisions, proper. Ford v. New York
Life Ins. Co., 176 S. C, 186 ; 180 S. E., 37.
Consolidation of actions at law unites
and merges them into single action, as if
different causes of action were originally
joined in single action, and consolidation
order by court of competent jurisdiction is
binding on all parties to actions until va-
cated or set aside. Ford v. New York Life
Ins. Co., .... S. C ; 185 S. E., 914.
After consolidation of actions at law,
§ 490. Material variances.
Alleged material variance between plain-
tiff's pleadings and proof does not require
withdrawal of issues from jury, where de-
fendant failed to show to court that he
there can be no further proceedings in sep-
arate actions, which are discontinued and
superseded by single action, and all subse-
quent proceedings therein should be con-
ducted and parties rights adjudicated as in
single action. Ford v. New York Life Ins.
Co., S. C ; 185 S. E.. 914.
The legal effect of a consolidation is to
merge two or more actions into one, and
chief ground for the union is plaintiff
should have brought but one action ; and
main object of consolidation is to save
costs and prevent a multiplicity of suits.
Ford v. New York Life Ins. Co., — S. C,
; 185 S. E., 914.
was actually misled to his prejudice with-
in statute. Langston v. Fiske-Carter Const.
Co., S. C, ; 185 S. E., 62.
§ 492. What not to be deemed a variance.
See notes to § 490 hereof.
§ 493. Amendments of course, and after demurrer.
When motion for leave to amend is made
under § 494 any right to amend as of course
§ 494. Amendments by the court.
Allowance of amendment under this sec-
tion is within sound discretion of the trial
judge. Dunbar v. Fant, 174 S. C, 49; 176
S. E., 866.
An amendment is proper hereunder only
to cure a defectively stated case, and not
to substitute a new cause of action, supra.
This section intended to be used only to
perfect a proceeding in which amending
party has been successful and not to obtain
under this section
Fant, 174 S. C, 49;
is waived. Dunbar
176 S. E., 866.
a new trial on new cause of action after
cause has been lost on original cause of
action, supra.
In action on bond and for foreclosure of
mortgage securing bond, where case had
been to Supreme Court after one amend-
ment of defendants' answers had been al-
lowed, defendants not precluded from again
amending answers before the trial, so as
to include defense of usury not previously
§ 494 1936 Supplement 36
pleaded. Elliott v. Carroll, 179 S. C, 329; being whether it is different matter, con-
184 S. E., 92. stituting another subject of controversy, or
Where a pleading shows intention to same matter more fully or differently
state facts without which it is demurrable, stated. Barr v. Witsell, 173 S. C, 199; 175
demurrer may be sustained and amend- S. E., 436.
inent allowed ; test of proposed amendment
§ 495. Court may give relief in case of mistake.
Decree set aside giving claim of under- action to correct decree ; although her at-
taker and physician against estate of mort- torney had notice of decree over 12 months
gagor priority over mortgagee in proceeds from time of her action. McGee et al. v.
derived from sale of mortgaged premises, F. W. Poe Mfg. Co., 176 S. C, 235; 180 S.
the mortgagee not being notified of such E., 43.
error over 12 months before she instituted
§ 500. Arrest in civil actions in what cases.
Constitutionality. — Paragraph 6 hereof Issuance of Order of Arrest. — See notes
held constitutional in Blackmon v. Kirven, to § 741.
175 S. E., 814; 173 S. C, 322.
§ 501. Order for arrest.
Before an order should be issued for the show that the law of service has been com-
arrest and imprisonment of a citizen re- plied with. Cannon v. Haverty Furniture
garding a debt, the record should clearly Co.. 179 S. C, 1 ; 183 S. E., 469.
§ 503. Security by plaintiff before obtaining order for arrest.
Judgment for arrest and imprisonment ture Co., 179 S. C, 1 ; 183 S. E., 469.
of debtor being void, court having not ac- Party causing one to be arrested and put
quired jurisdiction, debtor can maintain ac- in prison for debt, should strictly follow
tion for illegal arrest and imprisonment the law, otherwise such party is liable to
without first instituting suit to set such respond in damages. Cannon v. Haverty
judgment aside. Cannon v. Haverty Furni- Furniture Co., 179 S. C, 1 ; 1S3 S. E., -169.
§ 527-1. Attachment in action for libel and slander against non-residents
or foreign corporations.
See this section in 1934 Supplement.
§ 534. Sell attached personal property likely to deteriorate, or keeping
thereof expensive, before judgment when not replevied.
See this section in 1934 Supplement.
§540. Judgment — how satisfied. — * * .* . (4) Until the judgment against
the defendant shall be paid, the sheriff or constable may proceed to collect the
notes and other evidences of debt, and the debts that may have been seized or
attached under the warrant of attachment, and to prosecute any bond he may
have taken in the course of such proceedings, and to apply the proceeds thereof
to the payment of the judgment. At the expiration of six months from the
docketing of the judgment, or forthwith upon the docketing of the judgment in
cases in which an automobile has been attached under section 8785, the court
shall have power, upon the petition of plaintiff accompanied by an affidavit
setting forth fully all the proceedings which have been had by the sheriff or
constable since the service of the attachment, the property attached, and the
disposition thereof, and also the affidavit of the sheriff or constable that he has
used diligence and endeavored to collect the evidences of debt in his hands so
attached, and that there remains uncollected of the same any part or portion
thereof, to order the sheriff or constable to sell the same, upon such terms and
in such manner as shall be deemed proper. Notice of such application shall be,
given to the defendant, or his attorney, if the defendant shall have appeared in
the action. In the case the summons has not been personally served on the de-
fendant, the court shall make such rule or order, as to the service of notice and
the time of service, as shall be deemed just. When the judgment and all costs
of the proceedings shall have been paid, the sheriff or constable, upon reasonable
demand, shall deliver over to the defendant the residue of the attached property,;
or the proceeds thereof. 1935 (39) 151.
37
Code of Laws of South Carolina
§ 607
Cancellation of judgments, Chester Coun-
ty, 1935/477.
The italics in sub-section 4 added by
1935/151. The section otherwise is un-
changed.
§ 546. Attachment in action for purchase money.
Applied.— Twin City Motor Co. v. Fallaw, 175 S. E., S09 ; 173 S. C, 353.
§ 552. Claim and delivery of personal property.
Unsevered crops are regarded in this
state as realty, except in such cases that
fall within sections 1172, 8996 and 8717,
and claim and delivery will not lie for such
crops. Claim and delivery is especially to
obtain possession of personal property
which is unlawfully withheld from person
§ 555. Security by plaintiff.
Undertaking of sureties breached when
judgment is rendered against principal, by
which judgment sureties are bound. Whi-
senhunt v Sandel, 177 S. C, 207 ; 181 S. E.,
61.
Principal and sureties on bond liable for
payment of judgment for actual damages
rendered against plaintiff for unlawful
seizure and sale of property after execu-
tion of undertaking. Whisenhunt v. Sandel,
entitled thereto. Hence it is not proper
remedy for landlord to get from share-
cropper unsevered crops jointly of land-
lord and sharecropper in their lawful pos-
session. Norwood v. Carter, 176 S. C, 472;
180 S. E., 453.
177 S. C, 207; 181 S. E., 61.
Sureties not liable for payment of judg-
ment rendered against principal for either
actual or punitive damages for fraudulent
or wrongful acts committed by principal
prior to institution of action and before
execution of undertaking. Whisenhunt v.
Sandel, 177 S. C, 207 ; 181 S. E., 61.
Liability for punitive damages. — See §
661 hereof.
Powers of courts as to receivers.
§ 584.
Receiver in proceedings supplementary
to execution may take charge of property
conveyed by debtor to defraud creditor
after commencement of action Gardner v.
Kirven, 175 S. E., 637 ; 173 S. C., 302.
Powers of receiver in proceeding supple-
mentary to execution. — The following in 27
C. J., 478, § 126, quoted with approval :
"Under statutes providing for the ap-
pointment of a receiver in proceedings
supplementary to execution, the general
rule is that such receiver is not the mere
agent or representative of the debtor, but
occupies the relation of a trustee for the
creditors, and may institute actions in his
own name to set aside fraudulent convey-
ances made by the debtor with a view to
defeating his creditors." Gardner v. Kirven,
175 S. E., 637; 173 S. C, 302.
Appointment of receiver take over quali-
fication bond of casualty company. — Boyn-
ton v. Consolidated Indemnity & Ins. Co.,
.... S. C, .... ; 185 S. E., 731.
A court of equity may order receivership
when a corporation is insolvent, or in im-
minent danger of insolvency, when such re-
ceivership is for purpose of bona fide
liquidation of affairs of corporation, and
protection of rights of creditors, according
to their respective priorities. Montgomery
& Crawford v. Arcadia Mills, 176 S. E., 5S9 ;
173 S. C, 464.
§ 584-1. Creditors' rights in action marshaling assets, partitioning prop-
erty, accounting, dissolving partnership, appointing receiver, or settling an
estate. — This section in 1934 Supplement (Act 808, 1934 Acts) repealed by
1935 Acts, page 259.
§ 585. Judgment defined.
When enter judgment for costs.— See § 786 hereof.
§ 605. Entry of verdict — motion for new trial.
Trial court may amend verdict, but
amendment must be accompanied with op-
tion of new trial nisi to party against
whom amendment militates. Anderson v.
Aetna Casualty & Surety Co., 175 S. C,
254; 17S S. E., 819.
Amend verdict, must lay proper founda-
tion therefor by motion for new trial. An-
derson v. Aetna Casualty & Surety Co.,
175 S. C, 254 ; 178 S. E., 819.
Hear motion for new trial after sine die
§ 607. Jury commissioners.
Order directing jury panel be made up
from box tilled before plaintiff commenced
his action sustained, although clerk of
adjournment mark such motion "heard". —
Although plaintiff's attorney in absence of
defendant's attorney notified court of in-
tention to move for new trial before court
adjourned sine die and court noted motion
but did not mark it "heard," court had no
jurisdiction after it adjourned sine die to
hear motion for new trial, notwithstanding
defendants' attorney was called on and re-
sisted motion. Altman v. Efird Bros. Co.,
.... S. C, ■ ■ • • ; 185 S. E., 543.
court was related to plaintiff. Turner v.
Southern Ry. Co., 179 S. C, 38; 183 S. E.,
579.
§ 608 1936 Supplement 38
§ 608. Preparation of jury list — electors to be placed on — when prepared.
See this section in 1934 Supplement.
§ 622. Vacancy in jury commissioners — how filled. — * * * Provided,
further, that in Charleston County the assistant county superintendent of educa-
tion may act in the place and stead of the county superintendent of education.
1936 (39) 1340.
The above proviso added to this section changed,
by 1936/1340. The section otherwise is un-
§ 626-1. Alternate jurors for original grand or petit jurors drawn for
year's first term of criminal court. — There shall be drawn and summoned an-
nually in the same manner and at the same time as the original twelve (12)
grand jurors are drawn and summoned, three (3) additional jurors to act, first
in the place and stead of any of the original eighteen (18) grand jurors who may
be incapacitated, disqualified or excused ; and who, when not needed for grand
jury service, may likewise serve as petit jurors during the first term of criminal
court for the year. The names of such three (3) alternate, or substitute, jurors
shall be kept separate, and numbered in the order drawn ; and in such order,
unless excused by the presiding judge, shall be held to serve when found neces-
sary. Should the provisions of this section not be complied with, additional
jurors shall be drawn as now provided by law, and all existing laws are declared
complementary hereto. 1936 (39) 1458.
§ 626-2. Jury commissioners disqualified. — (1) Give Notice of Motion to
Quash Panel of Petit Jurors Because of Disqualification of Jury Com-
missioners. — No motion to quash any panel of petit jurors shall be made because
of any relationship, connection or other disqualification on the part of the jury
commissioners, or any of them, who made up the jury box, unless notice of such
motion in writing be given at least ten days before the convening of any court
to the adverse party, or his attorney, which notice shall set forth the ground or
grounds for the making of the motion. Failure to give such notice shall be deemed
a waiver of any and all rights in reference thereto.
(2) Procedure to Obtain Jurors when Disqualification Exists. — In case
said notice be given and the party upon whom it is served shall concede or it
shall be determined by the court that such relationship, connection or dis-
qualification exists, then the moving party shall apply to the resident circuit
judge, or the presiding judge of the circuit, either at chambers or in term time,
setting out by way of affidavits the said facts, whereupon the said judge shall
order the jury commissioners who are not related, connected or disqualified, to
make up a special jury box composed of the names of two hundred and forty
persons, who are qualified to serve as jurors, from which said special box there
shall be drawn the names of thirty-six jurors, who shall be summoned and re-
quired to attend as extra jurors and from said extra panel a jury shall be obtained
to try the case in which the regular panel is disqualified. In case all of the said
jury commissioners are disqualified, then the judge shall designate three others
who shall perform the said duty.
(3) Term of Extra Panel. — The said extra or special panel shall be dis-
charged as soon as the need for it ceases.
(4) Application. — This section shall apply to all cases now pending or which
shall hereafter be brought. 1936 (39) 1431.
§ 630-1. Persons who may draw jurors.
See this section in 1934 Supplement.
§ 632. Compensation — per diem and mileage. — Jurors serving in the cir-
cuit courts of this state shall, in addition to mileage at the rate of five cents per
39 Code of Laws of South Carolina § 640
mile, going to and returning from court, receive a per diem in the several
counties of this state, as follows :
(a) In the counties of Abbeville, Bamberg, Chesterfield, Hampton and Mc-
Cormick, one dollar and fifty cents ;
(b) In the counties of Anderson, Barnwell, Berkeley, Calhoun, Cherokee,
Clarendon, Colleton, Dillon, Lancaster, Edgefield, Georgetown Greenville,
Greenwood, Horry, Kershaw, Laurens, Lee, Marion, Marlboro, Newberry,
Oconee, Orangeburg, Pickens, Richland, Saluda, Spartanburg, Sumter, Williams-
burg and York, two dollars.
Provided, that in the county of Marlboro petit jurors shall receive, in addition
to the per diem, two dollars for each night when detained on jury duty after ten
o'clock p. m.
Provided, further, that in the county of Calhoun compensation of constables
and court criers shall be the same as that fixed by jurors. Provided, further,
that in Calhoun County not more than two constables shall be engaged for at-
tendance upon the court of common pleas and not more than three shall be
engaged for attendance upon the court of general sessions, except that the pre-
siding judge may provide by order for additional constables upon the necessity
therefor being made to appear to his satisfaction.
(c) In the county of Union, two dollars and fifty cents. Provided, that petit
jurors shall receive, in addition to the per diem, two dollars and fifty cents for
each night, when detained on jury duty after ten o'clock p. m.
(d) In the counties of Aiken, Allendale, Beaufort, Chester, Dorchester,
Darlington, Fairfield, Florence, Jasper, Lexington, three dollars.
Provided, in the event any juror in Chester County is kept on duty after
eleven o'clock at night he shall be paid for an additional day: Provided, that
in the county of Darlington the foreman of the grand jury shall receive five
dollars per day.
(e) In Charleston County, five dollars. Provided, that when in said county
any juror serving upon any case is detained by said jury service after twelve
o'clock midnight, it shall be considered that the said juror shall have entered
into a new day of jury service : Provided, that when a juror in said county is
discharged from jury service before one o'clock p. m. on any day, he shall only
be paid one-half of the per diem herein set forth, to wit : The sum of two dollars
and fifty cents.
(f) Jurors in magistrates' court shall receive fifty cents for each civil case
tried and mileage as allowed other jurors.
(g) Whenever provision is made by law for the payment of mileage of
jurors, witnesses and other persons required to attend court, or to travel to
perform any legal duty, said mileage shall be computed and paid for by the
shortest oractical route to be traveled over any regular established highway.
1933 (38) 8, 14, 76, 111; 1934 (38) 1598; 1935 (39) 220; 1936 (39) 1304, 1315,
1321.
§ 633. Compensation of jurors, court constables and court crier in circuit
court of Calhoun County. — Repealed by 1933 Acts, page 111.
§ 639. When objections to jurors must be made.
Objection to juror should be taken be- Failure to object to jurors. — See notes
fore trial commenced. Smith v. Oliver Mo- to § 173.
tor Co.. 174 S. C, 464 ; 177 S. E., 791.
§ 640. Irregularity in venire, drawing, etc., not to affect verdict, except
in certain cases.
Failure to object to jurors. — See notes to § 173.
§ 653 1936 Supplement 40
§ 653. When reference may be compulsorily ordered.
Applied.— La Count v. General Asbestos & Rubber Co., 175 S. C, 110; 178 S. E., 500.
§ 656. Referees in Saluda and York Counties. — The same power and au-
thority now given, or that may hereafter be given, to masters in equity, is hereby
conferred upon special referees in Saluda mid York Counties : Provided, that
the court appointing said special referees may limit their power and authority
by a written order. 1935 (39) 349.
"And York" added to tbis section by 1935/349.
§ 660. Declaratory judgments.
Strike out irrelevant matter. — In action properly stricken alleging will not properly
hereunder where complaint and answer executed and application be made to pro-
agree will duly probated in common form bate it in solemn form despite expiration
and more than four years elapsed without of four-year period prescribed in § 8932.
probate in solemn form, no disability of Wilkinson v. Wilkinson, 178 S. C, 194 ; 182
infancy alleged, allegation in answer held S. E., 640.
§ 661. Judgment in action for recovery of personal property.
Sureties on undertaking in claim and ages for acts done by such principal after
delivery not liable for payment of judg- execution of bond. Whisenhunt v. Sandel,
ment against principal for punitive dam- 177 S. C, 207 ; 181 S. E., 61.
§ 664-1. Discharge of bankrupts from judgments.
See this section in 1934 Supplement.
§ 676. Examination of adversary before trial.
Plaintiff suing for injuries sustained main line, and to determine railroad's rules
when train in which he was riding crashed in force at time of collision, dealing with
into unlighted freight cars entitled to ex- storage in nighttime of box cars on main
amine railroad's agents before trial to de- line. Mahaffey v. Southern Ry. Co., 175 S.
termine who placed such freight cars upon C, 198 ; 178 S. E., 838.
§ 692. Parties to actions and special proceedings competent witnesses ex-
cept in certain cases.
The inhibitions of this section limited to Devereux v. McCrady, 46 S. C, 133 ; 24
testimony against executor. It was enacted S. E., 77, 81. Ex parte Cleveland et al. Pat-
to protect an estate under certain circum- terson v. Cleveland et al. 177 S. C, 514 ; 181
stances after death has closed mouth of S. E., 890.
decedent. It was never intended to prevent Applied. — Maxwell v. Epton, 177 S. C,
an adverse claimant from telling the truth 1S4; 181 S. E., 16. Johnson v. Broome, 175
in favor of decedent's representatives. S. C., 385 ; 179 S. E., 315.
Shell v. Boyd, 32 S. C, 359; 11 S. E., 205.
§ 706. When testimony may be taken by deposition de bene esse and by
whom.
Cited : White v. Harby, 176 S. C, 36 ; 179 S. E., 671.
§ 741. Execution against the person.
Constitutionality. — This statute held con- ant may be ordered while proceedings in
stitutional in Blackmon v. Kirven, 175 S. execution against his property are pending.
E., 814; 173 S. C, 322. Blackmon v. Kirven, 175 S. E., S14; 173 S.
Execution against the person of defend- C, 322.
§ 744. When issue executions — limitations.
See this section in 1934 Supplement.
§ 751. Judge may appoint receiver and prohibit transfer of property.
Powers of receiver in proceedings supplementary to execution. — See notes to § 584.
§ 756. Cost follow event of action, except in chancery cases when other-
wise ordered.
See this section in 1934 Supplement. 56 ; 176 S. E., S69.
See generally — Setzer v. Odom, 174 S. C,
§ 775-1. May appeal from verdicts.
See this section in 1934 Supplement.
§ 777. Review of intermediate orders affecting judgment.
Applied in receivership proceedings. — 176 S. E., 589 ; 173 S. C, 464.
Montgomery & Crawford v. Arcadia Mills, Review of order granting new trial after
41 Code of Laws of South Carolina § 936
final judgment in second trial.— See this Power Co., 176 S. E., 325 ; 173 S. C, 387.
beading under § 26. DePass v. Broad River
§ 781. Notice of intention to appeal.
Appeal would not be dismissed for fail- fondant's proposed amendment to plain-
ure to perfect appeal where plaintiff did tiff's proposed case for appeal. Salley v.
not intend to abandon appeal but merely Western Mut. Fire Ins. Co., 177 S. C, 2S1 ;
intended to delay perfection of appeal 181 S. E., 72.
pending negotiation for settlement of de-
§ 786. Judgments for delivery of documents or personalty require its de-
posit or security.
Plaintiff who prevailed on appeals, al- enforcement of judgment cannot be had
though case is in circuit court for trial on until final judgment is entered. Heath v.
the merits, may enter judgment for costs Town of Darlington, 176 S. C, 252 ; 180 S.
of appeals before final judgment although E., 52.
§ 804. Judgment on appeal.
Conclusion of circuit judge on appeal in cases originally heard in courts of
from magistrate's court should be given magistrates. Westbrook v. Jefferies, 175
more weight in supreme court than almost S. E., 433, 173 S. C, 178.
anything else in consideration of appeals
§ 820. Enlarging time for proceeding in an action.
Applied.— White v. Harby, 176 S. C, 36 ; 179 S. E., 671.
§ 826. Where and by whom action brought.
When cause of action did not arise in boarded bus for trip, cause of action
this state, nor is the subject of the action against bus company, a foreign corporation,
situated within this state, then court is arose at place where nonresident ejected,
without jurisdiction. Salway v. Maryland and circuit court of county where ejection
Casualty Co.. 176 S. C, 215 ; 179 S. E., 787. took place had jurisdiction. Cornelius v.
Nonresident allegedly ejected by bus Atlantic Greyhound, 177 S. C, 93 ; 180 S.
driver within the state where she had E., 791.
§ 878. Who may bring action to determine adverse claim, and quiet titles
to real estate.
To rely on adverse possession the evi- Weston v. Morgan, 162 S. C, 177 ; 160 S.
dence must show such open, notorious, ex- E., 436. Forshur Timber Co. v. Santee
elusive, hostile, continuous, and unbroken River Cypress Lumber Co., — S. C., — ;
possession for the whole period as is re- 178 S. E., 329.
quired by law to defeat the legal title.
§ 911. Authority of county police in Aiken.
See this section in 1934 Supplement.
§ 930. All proceedings to be by information.
Commence proceedings in recorder's § 7246 hereof.
court with information under oath. — See §
§ 931-1. Take testimony of witnesses in magistrates' and recorders' courts
in writing. — That in the trial of any case before any magistrate or recorder in
this state, the testimony of all witnesses shall be taken down in writing and signed
by the witness, with the exception of such cases as the defendant shall waive the
taking and signing of such testimony.
In any case before any magistrate or recorder, where a stenographer shall
take down such testimony, the same need not be read over and signed by the
witnesses. 1936 (39) 1435.
§ 932. Pay for jurors serving in magistrates ' courts in criminal cases.
Pay of jurors in criminal cases in Mag- 1472.
istrates' Court, Chester County, see 1936/
§ 936. Magistrates must hold preliminary examination upon demand of
defendant.
This section does not infringe upon the State v. Flintroy, 178 S. C, 89; 182 S. E.,
jurisdiction of the court of general sessions. 311.
The discharge of a defendant by a magis- Constitutionality. — This section does not
trate in a felony case will not be a bar to contravene Art. V, §§ 18, 21, State consti-
his further prosecution. Such defendant so tution. State v. Flintroy, 178 S. C, 89 ; 182
discharged cannot plead former jeopardy. S. E.. 311.
§ 952 1936 Supplement 42
§ 952. Jurisdiction of municipal courts.
See section 931-1 (1936/1435). which pro- magistrate and recorder court be taken in
vides the testimony of witnesses in writing.
§ 960. Jurisdiction in such courts (cities of twenty to fifty thousand in-
habitants).
Commence proceedings in recorder's 7246 hereof,
court with information under oath. — See §
§ 962. Recorder — election, term and salary — (municipal courts in cities be-
tween 20,000 and 50,000).
See this section in 1934 Supplement.
§ 965. Jury trials.
See section 931-1 (1936/1435), which magistrate and recorder court be taken in
provides the testimony of witnesses in writing.
§ 966. Municipal court in city of Spartanburg.
See this section in 1934 Supplement.
§ 972-1. Recorders in cities over 60,000 suspend sentences.
See this section in 1934 Supplement. See Section 1039-1 for time suspended sentence run.
§ 972-2. Recorders of municipalities of 5,000 to 5,075 suspend sentences. —
Recorders of the incorporated towns in South Carolina having a population
according to the 1930 United States census in excess of five thousand (5.000)
and less than five thousand and seventy-five (5,075) shall have the power and
authority, in their discretion, to suspend sentences imposed by them in such
cases as come within their jurisdiction, upon such terms as in their discretion
may seem fit and proper. 1935 (39) 19.
See section 1039-1 for time suspended sentence run.
§ 972-3. Recorders of municipalities of 5,550 to 5,600 suspend sentences. —
Recorders of the incorporated, towns in South Carolina having a population ac-
cording to the 1930 United States census in excess of five thousand five hundred
and fifty (5,550) and less than five thousand six hundred (5,600) shall have
the power and authority, in their discretion, to suspend sentences imposed by
them in such cases as come within their jurisdiction, upon such terms as in
their discretion may seem fit and proper. 1935 (39) 20.
See section 1039-1 for time suspended sentence run.
§ 977. Foreman of grand jury swear witnesses. — The foreman of the grand
jury or acting foreman in the circuit courts of any county of the state shall have
the authority and power to swear witnesses, whose names shall appear on the
bill of indictment, in the grand jury room : Provided, that the provisions of this
section shall not apply to Berkeley, Sumter, Newberry, Pickens, Colleton,
Anderson, Lee, Hampton, Lexington, Richland, Greenwood, Kershaw, Georgetown,
Marion, Saluda and Abbeville Counties : Provided, however, that no witnesses
shall be sworn except those who have been bound over or subpoenaed in the
manner now provided by law. 1933 (38) 565; 1935 (39) 193; 1936 (39) 1749.
Aiken, Bamberg and Barnwell counties Counties from first proviso) ; however the
were eliminated from the first proviso in 1936 Act made no reference to these amend-
this section by 1936/1749. This section was ments ; hence present section 977 comes
also amended by 1933/565, 1935/193 (elim- from the 1936 Act.
inating Anderson, Georgetown and Marion
§ 1002. Right to challenge.
See this section in 1934 Supplement.
§ 1012-1. Person convicted and sentenced for crime may testify.
See this section in 1934 Supplement.
§ 1023. Costs in criminal cases where venue is changed.
See this section in 1934 Supplement.
43 Code of Laws of South Carolina § 1122
§ 1039. Circuit judges empowered to suspend sentence in certain cases.
See section 1039-1 for time suspended power of recorders in certain cities to sus-
sentence run. pend sentences.
See sections 972-1, 972-2 and 972-3 for
§ 1039-1. Sentence suspended run for time prescribed in sentence or
order of suspension. — When the sentence of any person, who has been sentenced
by a court of competent jurisdiction of this state, shall be suspended by a judge
of such court or by the Governor of the state, such suspension shall run for the
period of time prescribed by such judge or Governor in the sentence or order
of suspension, and no person who has had a sentence so suspended shall be called
back and required to do service under such sentence beyond and after the
expiration of such period. 1935 (39) 431.
See sections 972-1, 972-2 and 973-3 for pend sentences,
power of recorders in certain cities to sus-
§ 1046. Execution of death sentence upon dismissal of appeal — notice to
superintendent of penitentiary. — (1) Clerk of Supreme Court Notify Super-
intendent of State Penitentiary Disposition of Appeal From Sentence
of Death — Time for Execution. — In all criminal cases where the sentence of
death is imposed, and which are appealed to the supreme court or in which notice
of intention to appeal is given, when the judgment below has been affirmed, or
the appeal dismissed or abandoned, it shall be the duty of the clerk of the
supreme court, when the remittitur is sent down, or the appeal is dismissed, or
abandoned, to notify the superintendent of the state penitentiary or his duly
appointed officer in charge thereof, of the final disposition of such appeal, and,
on the fourth Friday after the receipt of the said notice, the sentence appealed
from shall be duly carried out as provided by law in such cases, unless stayed
by order of the supreme court or respite or commutation of the Governor. 1936
(39) 1306.
The italics in paragraph one were added changed,
by 1936/1306. The section is otherwise un-
§ 1070. Jurors — number — oath — compensation. — Of the jurors sum-
moned and appearing, the coroner shall swear six and administer to the foreman,
appointed by him, an oath in the form following: 'You shall inquire, and true
presentment make on behalf of the state of South Carolina, in what manner
A B, here lying dead, came to his death, and you shall deliver a true verdict
thereon, according to such evidence as shall be given, and according to your
knowledge. So help you, God ; ' and to the others he shall administer an oath in
this form : ' The oath which your foreman has taken on his part, you shall well
and truly observe and keep on your part. So help you, God.' For such services
each juror sworn shall be allowed mileage, as all jurors in the circuit courts,
and a per diem of fifty cents, to be paid on certificate of the coroner or magistrate
holding the inquest, to be paid as are jurors in the circuit courts: Provided,
the provisions of this section as to per diem and mileage shall not apply to the
counties of Abbeville, Anderson, Bamberg, Berkeley, Clarendon, Dorchester,
Darlington, Greenwood, Hampton, Jasper, Kershaw, Lancaster, Oconee, Orange-
burg, Pickens, Saluda, Spartanburg, Union, Horry and York. 1936 (39) 1297.
Fairfield County eliminated from proviso in this section by 1936/1297.
§ 1096. Inquests regulated.
See this section in 1934 Supplement.
§ 1107. Manslaughter.
See this section in 1934 Supplement.
§ 1122. Planning or attempting the abduction, terrorizing and/or detention
of any person for ransom a felony — penalty.
See this section in 1934 Supplement.
§ 1122-1 1936 Supplement 44
§ 1122-1. Threatening to kidnap or commit a felony.
See this section in 1934 Supplement.
§ 1123. Misdemeanor for husband to fail to support wife and children.
Admission of wife's testimony, in hus- of wife and children. State v. Haynes, 174
band's trial for desertion and nonsupport S. C, 460 ; 177 S. E., 785.
§ 1154-1. Break, or attempt break into any motor vehicle or compart-
ment thereof or any vessel where kerosene, gasoline or lubricating oil is kept,
with intent to steal or perpetrate crime misdemeanor. — Whoever shall break or
attempt to break into any motor vehicle, or any compartment thereof, in the day
time or in the night time, with intent to steal the same or any thing of value
therefrom, or attached or annexed thereto or used in connection therewith, or
in the perpetration of any criminal offense, or whoever shall break or attempt
to break any tank, pump or other vessel where kerosene, gasoline or lubricating
oil is stored or kept with intent to steal any such product therein contained shall
be deemed guilty of a misdemeanor, and upon conviction, punishable by im-
prisonment on the public works of the county in which the offense is committed,
or in the state penitentiary at hard labor for a term of not more than five years
or by a fine of not more than one thousand ($1,000.00) dollars, either or both,
in the discretion of the court. 1935 (39) 478; 1936 (39) 1342.
This section added by 1935/478 and 1936/1342.
§ 1159. Renting of electric storage batteries and penalties for misuse.
See this section in 1934 Supplement.
§ 1159-1. Sale of rebuilt electric storage batteries.
See this section in 1934 Supplement.
§ 1172. Stealing grain or cotton from the field.
Cited.— Norwood v. Carter, 176 S. C, 472 ; 180 S. E., 453.
§ 1177-1. Placing or throwing stink bombs, etc., in certain buildings or
public places prohibited.
See this section in 1934 Supplement.
§ 1177-2. Use and possession of machine guns.
See this section in 1934 Supplement.
§ 1184. Malicious injury to real property. — Whoever shall wilfully, unlaw-
fully, and maliciously cut, mutilate, deface, or otherwise injure any tree, house,
outside fence, or fixture of another, or commit any other trespass upon real
property in the possession 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 damage of
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. For the purpose of determining whether or not any school
property has been maliciously injured as the offense of malicious michief as
above defined and as to whether or not there has been a trespass upon such
property as this offense is defined in section il90 of this code and for all
prosecutions under these penal statutes, and other statutes of a like nature, now,
or hereafter to be enacted, the trustees of the respective school districts in this
state in their official capacity shall be deemed to be the owners and possessors
of all school property. 1935 (39) 262.
The last line in present section added by with § 1184, 1932 Code, for other changes.
1935/262. This section should be compared
§ 1217. Exemptions.
See this section in 1934 Supplement.
§ 1242. Only members wear emblems of The American Legion, The Ameri-
can Legion Auxiliary, The Sons of The American Legion, La Societe des 40
45 Code of Laws op South Carolina § 1355-1
Hommes et 8 Cheveaux (Forty and Eight). — It shall be unlawful for any per-
son other than a member of The American Legion, The American Legion Auxili-
ary, The Sons of The American Legion, or La Societe des 40 Hommes et 8
Cheveaux (Forty and Eight) and disabled American Veterans of the World War
in good standing wilfully to wear the button, which is the official insignia or
emblem of any of the said organizations. Any wilful violation of the provisions
of this section, shall subject the offender to a fine of not exceeding one hundred
($100.00) dollars or imprisonment not exceeding thirty (30) days. 1936 (39)
1480.
Words In italics added by 1936/1480.
§ 1249. Sale and use of a trademark advertising contents of food products,
etc.
See this section in 1934 Supplement.
§ 1279-1. Fraudulent watering of salt pork meats. — It shall be unlawful
for any packer or wholesale or retail merchant, or any other person, firm or
corporation, to increase the weight fraudulently of any salt pork meats by
putting water thereon, soaking, sprinkling or otherwise and any person, firm
or corporation violating the provisions hereof shall be guilty of a misdemeanor
and upon conviction shall be fined not less than two hundred ($200.00) dollars
or more than one thousand ($1,000.00) dollars, or imprisoned for not less than
sixty (60) days, nor more than one (1) year or both, in the discretion of the
court. 1936 (39) 1346.
This section added by 1936/1346.
§ 1315. Acquisition of trade checks — punishment for violations — post this
statute. — * * * Provided, that the punishment upon conviction of violating
the provisions of this section, in cases other than when the conviction is for a
first offense, shall be by a fine not exceeding five hundred ($500.00) dollars, or
by imprisonment not exceeding ninety days. Any person, firm or corporation
issuing any such trade check shall post, and keep posted, in two or more con-
spicuous places, at the place or places where such trade checks are issued, and
at all places where such checks are redeemed by any such person, firm or
corporation in money or merchandise, a printed or typewritten copy of this sec-
tion as amended. Any person, firm or corporation violating the provision of the
last portion of this section shall be guilty of a misdemeanor, and shall, upon
conviction, be punished in like manner as the person, firm or corporation violat-
ing the provisions of this section regarding the acquisition of such trade check at
less than par value, above provided. 1935 (39) 66.
The above proviso added to this section by 1935/66.
§ 1318-1. Charges for house rent, water services and electric light serv-
ices, charged laborers by textile and related corporations, during periods of
"close downs" prohibited.
See this section in 1934 Supplement.
§ 1318-2. Locking of employees in buildings.
See this section in 1934 Supplement.
§ 1322-1. Deception in storage, selling or offering for sale liquid fuels,
lubricating oils, greases, etc.
See this section in 1934 Supplement.
§ 1324. Operating filling stations within 100 feet of school or church in
Union County.
See this section in 1934 Supplement.
§ 1355-1. Discharge of petroleum, fuel oil or coal products which drain
in harbor of county containing city over 60,000 unlawful.
See this section in 1934 Supplement.
§ 1390 1936 Supplement 46
§ 1390. When Governor may call out militia.
Governor calling out militia and sus- E. 13.
pending writ of habeas corpus, in effect, After proclamation which declares exist-
declared martial law. Hearn v. Calus, 178 ence of a state of insurrection, acts of the
S. C, 3S1 ; 183 S. E., 13. Governor, lawfully done in suppression of
Governor has no power or right In law insurrection, are immune from interference
to use the militia to discharge the duties with by supreme court ; but when his acts
of a civil office. Hearon v. Calus, 178 S. C., exceed authority given him by constitution
381 ; 1S3 S. E., 13. and statutes and are injurious to personal
Action of the Governor in declaring a liberty and property rights of the citizens
state of insurrection exists may not be en- of the state, they are open to the inquiry
joined by supreme court, nor reviewed by and control of the courts. Hearon v. Calus,
it. Hearon v. Calus, 178 S. C, 381 ; 183 S. 178 S. C, 381 ; 183 S. E., 13.
§ 1391. Proclamation to disperse.
Governor declaring state of insurrection notes thereto,
and calling out militia. — See § 1390 and
§ 1448. Water companies have analysis of water made and published — fee.
See this section in 1934 Supplement.
§ 1450. Manufacture, sale, possession, transportation, and use of narcotic
drugs.
See this section in 1934 Supplement.
§ 1452-1. Arsenate of lead, calcium arsenate, or poisonous agricultural
insecticide or fungicide of a white color to be discolored.
See this section in 1934 Supplement.
§ 1464. Sale and purchase of eggs and baby chicks.
See this section in 1934 Supplement.
§ 1466-1. Hours per day an employee work in cotton, rayon, silk, or
woolen textile mills. — (1) Definitions. — For the purposes of this section "em-
ployer" includes every person, firm, corporation, partnership, stock association,
agent, manager, representative or foreman, or other persons having control or
custody of any employment or of any employee in any cotton, rayon, silk, or
woolen mill in this state. "Employee" includes both males and females.
(2) Hours Work Employees. — No employer shall employ or suffer or permit
an employee to work for more than forty (40) hours in any one week or for
more than eight (8) hours in any one day of twenty-four (24) consecutive
hours, or on more than five days in any period of seven consecutive days. If the
work during any one day is not continuous but is divided into two or more
periods, the employer shall provide that all such periods fall within twelve (12)
consecutive hours. Provided, the provisions of this section shall apply to all
employees working inside or outside of any cotton or woolen mill in this state.
(4) Post This Statute on Premises. — Every employer shall post and keep
conspicuously posted in or about the premises wherein any employee is employed
a printed copy of this section, to be furnished by the commissioner of agriculture,
commerce and industries.
(5) Schedule of Hours of Employment. — Every employer shall post and
keep conspicuously posted in every room wherein any employee is employed a
schedule of hours of employment which shall contain the maximum number of
hours each employee shall be employed during each day of the week, with the
total hours per week, the hours of commencing and stopping, and the time al-
lotted for the daily meal period. An employer may permit employees to begin
work after the time for beginning and to cease work before the time for ending
stated in such schedule, but he shall not otherwise employ them except as stated
in such schedule. Said schedule of hours, except in case of emergency, shall not
be changed after the beginning of work on the first day of the week without the
authority of the commissioner of agriculture, commerce and industries. An
47 Code of Laws of South Carolina § 1478-1
emergency shall be any unusual condition beyond the control of the management
suddenly arising, and, in order to be met, requires a change in schedule of
hours. Said schedule shall be on a form provided by the commissioner of
agriculture, commerce and industries and shall remain the property of said
commissioner.
(6) Employer Keep Time Book. — Every employer shall keep a time book
or record, which shall state the name, address, and occupation of each employee,
the number of hours worked by him on each day of the week and the amount of
wages paid to him each pay period. Such time book or record shall be kept on file for
at least one year after the entry of the record and shall be open to the inspection
of the commissioner of agriculture, commerce and industries and his duly au-
thorized representatives. Any employer who fails to keep such a time book or
record, or knowingly makes any false statement therein, or refuses to exhibit
such time book or record upon the request of the commissioner of his represen-
tatives in accordance with the requirements of this section, shall be deemed to
have violated this section.
(7) Enforcement. — It shall be the duty of the commissioner of agriculture,
commerce and industries to enforce all the provisions of this section. The com-
missioner of agriculture, commerce and industries, and his authorized represen-
tatives may enter and inspect as often as practicable all establishments or
places of employment covered by this section, and for the purpose of enforcing
compliance with the provisions of this section, shall have free access to any
cotton, rayon, silk, or woolen mill in this state.
(8) Employer Not Hinder or Delay Enforcement. — No employer shall
hinder or delay the commissioner of agriculture, commerce and industries or
any of his authorized representatives in the performance of their duties in the
enforcement of this section, or refuse to admit, or lock out, any inspector from
any place which he is authorized by the provisions of this section to enter and
inspect, or refuse to give any inspectors information required for the proper
enforcement of this section.
(9) Penalty. — Any employer 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 twenty-five ($25.00) dollars nor more than one hundred
($100.00) dollars, or imprisonment not to exceed thirty (30) days, for each and
every offense.
(10) Saving Clause. — If any provisions of this section, or of the application
of such provisions to any person or circumstance, shall be held invalid,- the re-
mainder of this section, or the application of such provision to persons or cir-
cumstances other than those as to which it is held invalid, shall not be affected
thereby.
(11) Eepeal. — All Acts or parts of Acts inconsistent with this section are
hereby repealed.
(12) Time Effective. — This section shall take effect immediately upon its
approval by the Governor. Provided, that the provisions of this section shall
become effective when and after the state of Georgia and state of North Carolina
shall have adopted similar bills providing the same requirements as to number
of hours an operative may work. 1936 (39) 1568.
This section added by 193(3/1568.
§ 1478-1. Employment of children or women in mercantile or manufactur-
ing establishments on Sunday prohibited.
Fee this section in 1934 Supplement.
§ 1504-1 1936 Supplement 48
§ 1504-1. Promote, conduct, advertise or participate in marathon dance,
walkathon or similar physical endurance contests unlawful. — It shall be un-
lawful for any person, firm, association or corporation to promote, advertise or con-
duct any marathon dance contests, walkathon contests and/or similar endurance
contests by whatever name called of walking, dancing or running, and it shall be
unlawful for any person to participate in any marathon dance contest, walkathon
contest and/or similar physical endurance contest by walking, dancing or running,
continuing, or intended to continue, for a period of more than eight consecutive
hours, whether or not an admission is charged and/or a prize awarded, and it
shall be unlawful for any person to participate in more than one such contest
or performance within any period of forty-eight hours.
Any person violating this section shall be guilty of a misdemeanor and
punishable in the discretion of the court: Provided, That each day's continuance
of any such contest and/or each day's participation in any such contest or ad-
vertisement of the same shall constitute a separate offense. 1935 (39) 149.
§ 1504-2. Provide adequate sewerage, running water, streets and roads
before selling lots in real estate developments in counties with city over
60,000. — (1) Provide Sewerage and Eunning Water. — In all counties contain-
ing a city of over 60,000 population according to the 1930 United States census,
it shall be unlawful for any person, firm or corporation to sell, offer for sale,
agree to sell, or otherwise dispose of any lots or other portions of any real estate
development in any such county, unless and until such person, firm or cor-
poration shall have secured from the county health officer of the county in which
the property lies, and has filed with the clerk of court of said county, the certificate
of such health officer to the effect that adequate sewerage has been provided in and
for such real estate development, and that adequate arrangements have been
made for the purpose of furnishing running water to the property in such real
estate development to insure reasonable and adequate health and sanitary con-
ditions therein.
(2) Provide Adequate Streets and Roads. — In all counties containing a
city of over 60,000 population according to the 1930 United States census, it
shall be unlawful for any person, firm or corporation to sell, offer for sale, agree
to sell, or otherwise dispose of any lots or other portions of any real estate
development in any such county, unless and until such person, firm or corpora-
tion shall have secured from the sanitary and drainage commission or the county
board of commissioners of the county in which the property lies, a certificate
to the effect that adequate roads and streets have been provided in such real
estate development to afford access to properties therein, in accordance with the
representations made in or included in the prospectus or proposed contract or
deed upon the basis of which the lot or lots in such development are offered for
sale.
(3) Penalty. — Each violation of any of the provisions of this section shall
be a misdemeanor, and upon conviction the person, firm or corporation so con-
victed shall be fined not less than twenty-five ($25.00) dollars nor more than
one hundred ($100.00) dollars nor imprisoned not less than ten (10) days nor
more than thirty (30) days.
(4) Intent — Effect on Sales. — It is the intent of this section to require
the vendors of the type of real estate herein referred to comply with the restric-
tion of this section but the validity of a sale of such real estate shall not be
impaired by the vendor 's failure to so comply, and the provisions of this section
49 Code of Laws of South Carolina § 1603-1
shall not attach to any person, firm or corporation other than the person, firm or
corporation who shall first lay out the sub-division. 1936 (39) 1482.
This section added by 1936/1482.
§ 1510. Embezzlement of public funds a felony.
See this section in 1934 Supplement. of public funds should be proportioned to
Treasurer of commissioners of public amount of embezzlement means substantial
works of city who misappropriated city's sentence for substantial embezzlement
funds and altered records to conceal mis- should be imposed, and not that there
appropriation guilty of embezzlement, not- should be mathematical relation between
withstanding treasurer formed intention of amount embezzled and the sentence. State
misappropriating funds prior to time he v. Bikle, — S. C, — ; 185 S. E., 753.
secured money lie converted, State v. Bikle, This section as amended by act Feb. 5,
S. C : 185 S. E., 753. 1934, is constitutional. State v. Brown, 17S
Provisions herein that fine and impris- S. C, 294 ; 182 S. E., 838.
onment of party convicted of embezzlement
§ 1518-1. Peace officers receive no portion of fines imposed for violating
motor vehicle laws.
See this section in 1934 Supplement.
§ 1518-2. Game wardens and others not to receive portion of fine im-
posed for violation of game and fish laws.
See this section in 1934 Supplement.
§ 1549. Magistrates not to receive fees in criminal cases ; exception in case
of violations of worthless check law.
See this section in 1934 Supplement.
§ 1578. Give convicts credit on terms for good behavior. — Any person, now
or hereafter serving a sentence imposed by a 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-fifth of such sentence deducted at the end thereof for good behavior.
Any officer having charge of such convict, who shall refuse to allow such de-
duction 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 : Provided, further, that the provisions
of this section shall also apply to persons whose sentences have been commuted,
and in computing the time to be credited on the sentence as commuted, the
basis shall be on the record of the prisoner from the date of commutation.
This law (1935/467) shall be retroactive in computing credit to be given for
good behavior or conduct. 1935 (39) 467.
"One-fifth" substituted for "one-tenth" on added ; and last paragraph also added,
line 5 ; the proviso in first paragraph 1935/467.
§ 1592. Unlawful for disbursing officers to exceed or transfer appropria-
tions.
"Funds appropriated by Legislature" without hearing. Dacus v. Johnston, —
mean "public or trust funds" within con- S. C : 185 S. E., 491.
stitutional provision relating to suspension State highway commissioners not 'of-
of officers having custody of public or trust fleers" within this statute, since funds of
funds. Dacus v. Johnston, S. C, ; highway commission appropriated by Legis-
185 S. E., 491. lature could be disbursed only by state
This section does not give Governor treasurer on comptroller general's warrant,
power of indefinitely suspending officers Supra.
§ 1603-1. Not operate upon tails of horses, asses or mules, except for life
or health. — Any person, firm or corporation who cuts the tissue, tissues, muscle
or muscles of the tail of any horse, ass or mule, mare or gelding, or otherwise
operates upon it in any manner for the purpose or with the effect of altering
the natural carriage of the tail, except where such cutting or operation is
necessary for the health or life of said animal, as certified to in writing by a
licensed veterinarian ; and any person, firm or corporation who causes, procures
§ 1603-1 1936 Supplement 50
or knowingly permits, such cutting or operation to be done, and any person
who assists in or is voluntarily present at such cutting or operation, shall be
guilty of a misdemeanor. Any person, firm or corporation convicted of violating
any of the provisions of this section shall be fined not less than fifty nor more
than one hundred dollars, or imprisoned not less than fifteen nor more than
thirty days. 1936 (39) 1649.
This section added by 1936/1649.
§ 1613. Posting and numbering of highways by county commissioners. —
Repealed by 1936 Acts, page 1571.
§ 1614. All traveling to be on the right of the center.
Violation of this statute constitutes neg- jured by such negligence. Wells v. Steinek,
ligence per se, and proof thereof consti- 176 S. E., 42.
tutes prima facie case in favor of one in-
§ 1616. Speed limits — display of municipal regulations — log carts — tractors.
See this section in 1934 Supplement.
See generally.— Wells v. Steinek, 176 S. E., 42.
§ 1617. Weight, size and loads of vehicles.
1933/341 and 1934/1311 should be con- supplement) are not effective to regulate
suited for use of public highways by motor the vehicles provided for under such acts
trucks, semi-trailer motor trucks, semi- (§ 1624-1 this supplement). Of course there
trailers and trailers. Said acts were codi- are provisions of §§ 1617-1624, 1932 Code,
tied as section 1617, 1934 Supplement: how- which were not repealed by the said acts
ever the section number for the said acts (§ 1624-1 this supplement), that still regu-
has been changed to section 1624-1. See late trucks, semi-trailer motor trucks, etc. —
section 1624-1, this supplement. The said particularly §§ 1619. 1621, 1622, 1624.
acts do not repeal all or any of the provi- Section 1624-2, this supplement, should
sions of sections 1617-1624, 1932 Code, in so be consulted for the width of motor vehicles
far as certain other vehicles are concerned: designed and constructed to transport pas-
and the said sections are still in effect to sengers.
regulate such other vehicles. The provisions This section is constitutional. State v.
of §§ 1617-1624, 1932 Code, inconsistent John P. Nutt Co., .... S. C, • •••; 185 S.
with 1933/341 and 1934/1311 (§ 1624-1 this E., 25.
§ 1618. Single vehicles and train of vehicles — limit of load.
See note under section 1617. this supplement, and section 1624-1 this supplement.
§ 1619. Weight — limit — distribution — hauling of cotton.
See note under section 1617, this supplement, and section 1624-1 this supplement.
§ 1620. Certain authorities authorized to issue special permits.
See note under section 1617, this supplement, and section 1624-1 this supplement.
§ 1622. Exemptions — farm vehicles loaded and farm machinery.
See note under section 1617, this supplement, and section 1624-1 this supplement.
§ 1623. State highway department to issue rules and regulations.
See note under section 1(>17. this supplement, and section 1624-1 this supplement.
§ 1624. Violations of §§ 1617-1620, 1622-1624.
See note under section 1617, this supplement, and section 1624-1 this supplement.
§ 1624-1. Use of public highways by motor trucks, semi-trailer motor
trucks, semi-trailers, and trailers. — (1) Public Policy. — It is hereby de-
clared to be the public policy of this state that heavy motor trucks, alone or in
combination with other trucks, increase the cost of highway construction and
maintenance, interfere with and limit the use of the highways for normal traf-
fic thereon, and endanger the safety and lives of the traveling public, and that
the regulations embodied in this section are necessary to achieve economy in
highway costs, and to permit the highways to be used freely and safely by the
traveling public.
(2) Definitions. — When used in this section: "Motor trucks" means any
motor-propelled vehicle designed or used for carrying freight or merchandise and
not operated or driven on fixed rails or tracks ; but it shall not include self-pro-
51 Code of Laws op South Carolina § 1624-1
pelled trucks designed primarily for passenger transportation, though equipped
with frames, racks or bodies having a load capacity not exceeding 1,500 pounds.
"Semi-trailer motor trucks" means any motor-propelled truck, not operated or
driven on fixed rails or tracks, designed to draw, and to support the front end
of a semi-trailer. The tractor (or motor-propelled truck), together with the semi-
trailer shall be considered one unit, and the words, "semi-trailer motor truck"
as used in this section, shall mean and embrace such entire unit. Provided,
that nothing contained herein shall alter or be construed to alter existing law in
respect to the licensing of semi-trailer trucks, whereby the motor unit and the
trailer unit are considered independent units and a license is issued to each
separately.
' ' Semi-trailer ' ' means a vehicle designed to be attached to, and having its front
end supported by, a motor truck or motor truck tractor, and intended for
the carrying of freight or merchandise and with a load capacity of over 1,500
pounds, except farm wagons used as trailers.
"Trailer" means any vehicle designed to be drawn by a motor truck, but
supported wholly upon its own wheels, and intended for the carriage of freight
or merchandise.
"Persons" shall include individuals, partnerships, associations, trusts and cor-
porations, and the receivers, assignees or agents of any of them.
"Highways" shall include any public road, street, averfue, alley or boulevard,
bridge, viaduct or trestle and the approaches thereto, within the limits of the
state of South Carolina.
"Departments" shall mean the state highway department of South Caro-
lina.
"Local authorities" shall mean every county, municipal and local board or
body having jurisdiction over, and responsibility for the maintenance of, any
highway other than state highways.
(3) Operation on Highways. — Any person operating a motor truck, semi-
trailer or other motor truck combination on or along any state highway shall,
at all times, operate such vehicle to right of the center of said highway, so that
the entire vehicle, including its load, shall be, at all times, to the right of the
center of said highway, except while overtaking or passing other vehicles trav-
eling in the same direction. Any person operating a motor truck, semi-trailer
or other motor truck combination shall not overtake or pass a vehicle traveling
in the same direction when the view of the overtaking vehicle is any way ob-
scured, or when the vehicle to be overtaken is approaching the crest of a hill or
rounding a curve.
(4) Trailers. — No person shall use or operate any trailer, as defined by this
section, on any highway.
(5) Weight. — No person shall operate on any highway any motor truck or
semi-trailer truck whose gross weight, including load, shall exceed 20,000 pounds.
(6) Height. — No person shall operate on any highway any motor truck or
semi-trailer motor truck whose height, including any part of body or load, shall
exceed 12 feet 6 inches, but nothing herein contained shall be construed to re-
quire the public authorities to provide sufficient vertical clearances to permit
the operations of trucks with a height of 12 feet 6 inches.
(7) Width.— No person shall operate on any highway any motor truck or
semi-trailer motor truck whose total outside width, including any part of body
or load, shall exceed 90 inches.
§ 1624-1 1936 Supplement 52
(8) Length. — No person shall operate on any highway any motor truck or
semi-trailer truck, the overall length of which, including load, is in excess of 35
feet. This subsection shall not apply to trucks or semi-trailer trucks engaged in
the transportation of lumber, poles, piles, and logs from the mill or forest to
shipping points, or from forest to mill or consumer.
(9) Certain Authorities May Issue Special Permits. — (a) The state high-
way department and local authorities may, upon proper showing, issue special
permits, which shall apply to roads or highways under their separate jurisdiction
and supervision, for the operation of trucks, the operation of which would other-
wise be prohibited under the provisions of this section, subject to the following
conditions :
(1) Any permit under the authority of this subsection shall be in writing,
which shall at all times be carried in the vehicle operating under the authority
thereof, and shall contain such other and further restrictions as deemed neces-
sary in the discretion of the issuing authority.
(2) Permits issued under the authority of this subsection by the state high-
way department shall include authority for the operation of such through any
municipality on or along the street generally used on such highway route.
(b) County road authorities and municipal road authorities, in respect to
roads under their sole supervision, may prohibit or limit the use of such roads
by reducing the limitations fixed by this section, if, in their discretion, such
additional restrictions are proper and necessary: Provided, however, that on any
load or street upon which such limitations shall apply there shall be conveniently
and conspicuously posted such further restrictions showing the permitted max-
imum limits (weight, length and height) permitted over such thoroughfares.
Provided, further, that no limitations shall be established by any county, mu-
nicipal or other local authorities pursuant to the provisions of this subsection that
would interfere with or interrupt traffic as authorized hereunder over state high-
ways, including officially established detours for such highways, including where
such traffic passes over roads, streets or thoroughfares within the sole jurisdic-
tion of such county, municipal or other local authorities, unless such limitations
and further restrictions shall have first been approved by the state highway de-
partment.
(10) Exemptions. — (a) The provisions of this section shall not apply to motor
trucks, semi-trailer motor trucks or trailers, owned by any agency of, the United
States, the state of South Carolina, or any county or city or incorporated town
therein, nor the equipment used only in husbandry, such as harvesting machines,
threshers, and binders constructed so that they can be moved or propelled on the
public highways.
(b) The state highway department, county highway authorities, and muni-
cipal authorities may each issue special permits applying respectively to state
highways, county highways and streets of municipalities, for the transportation
of such over-size, over-weight, or over-length commodities as cannot reasonably
be dismantled, and for the operation of such over-weight or over-size trucks,
whose gross weight, including load, height, width or length, may exceed the
limits prescribed in this section, as may reasonably be necessary for the trans-
portation of such commodities, but such permits shall be issued subject to the
following condition :
(1) Any permit issued by the state highway department, or county road au-
thorities, for the operation of a truck failing to come within the limits established
by this section or other limits already fixed by law, shall be in writing and shall
53 Code of Laws of South Carolina § 1624-1
be limited to one trip of the truck authorized to be moved or operated, as well
as to the roads which are to be traversed by the said truck. Any such permit shall
contain such further restrictions as in the discretion of the issuing authorities
may seem appropriate.
(3) In the case of any truck operated under the terms of any permit contem-
plated by this subsection, whether the same be issued by the state highway de-
partment, county road authorities or by municipal authorities, the operator shall
carry in the said truck the permit for such operation so that it may be available
at any time for public inspection.
(4) The operation of any motor vehicle, semi-trailer, or trailer in violation of
the terms of any such permit, shall constitute a violation of this section.
(5) Provided, that any permit issued by the state highway department shall
give the holder thereof the right of passage over any part of the state highway
system,' and all officially established detours thereof, including streets, roads and
thoroughfares within the limits of any county, municipality or other local
authority that are customarily used as a part of the state highwy system.
(d) The provisions of this section shall not apply to telephone, telegraph or
electric power companies, hauling by means of their own vehicles, their own ma-
terials and equipment for construction or maintenance of their own property.
(11) Penalties. — The operation of any motor truck, semi-trailer motor truck
or trailer, in violation of any sub-section of this section, or of the terms of any
special permit issued hereunder shall constitute a misdemeanor, and the owner
thereof, if such violation was with his knowledge or consent and the operator
thereof shall on conviction be fined not more than fifty ($50.00) dollars, or im-
prisoned for not more than thirty (30) days.
(12) Enforcement. — Any officer hereinafter in subsection 13 enumerated,
having reason to believe that the height, length, width or weight of any motor
truck, semi-trailer motor truck or trailer, is in excess of the maximum limits pre-
scribed by this section permitted by any special permit issued under the terms
hereof, is authorized to measure or w T eigh the same, either by means of portable
or stationary scales, in the event such scales are on the route of said vehicle. Said
officer shall require the operator of said motor truck, semi-trailer motor truck or
trailer, to unload immediately such portion of load as may be necessary to de-
crease the gross weight of such vehicle to the maximum gross weight permitted by
this section or by the terms of any special permit in the possession of such op-
erator and issued under the provisions of subsection 10 (b) hereof (which ex-
ces load, when unloaded, shall be at the sole risk of the owner.) The refusal of
any such operator to permit his motor truck, semi-trailer motor truck or trailer
to be measured or weighed or to proceed to a stationary scale, or to unload the
excess load, shall constitute a violation of this section.
(13) Enforcement — Officers — Powers and Duties — Rights of Accused. —
Any peace officer, including sheriffs and their deputies, constables, police officers
and marshals of cities or incorporated towns, county police or patrols, state or
county license inspectors and their deputies, and special officers appointed by any
agency of the state of South Carolina for the enforcement of its law relating to
motor trucks, now existing or hereafter enacted, shall be authorized, and it is
hereby made the duty of each of them to enforce the provisions of this section
and to make arrests for any violation or violations thereof, and for violations of
any other law relating to motor trucks, without warrant if the offense be committed
in his presence, and with warrant if he does not observe the commission of the
offense. When in pursuit of any offender for any offense committed within his
§ 1624-1 1936 Supplement 54
jurisdiction, any such officer may follow and effect an arrest beyond the limits
of his jurisdiction. If the arrest be made without warrant, the accused may elect
to be immediately taken before the nearest court having jurisdiction, where-
upon it shall be the duty of the officer so to take him. If the accused elect not
to be so taken, then it shall be the duty of the officer to require of the accused
a cash bond in a sum of not less than $25.00 for which the officers shall give a
receipt stating the time and place where and when the accused is required to
appear; conditioned that the accused binds himself to appear in the nearest court
having jurisdiction at the time fixed in the bond. In case the arrested person fails
to appear on the day fixed, the bond shall be forfeited in the manner as is pro-
vided for the forfeiture of bonds in other cases.
(14) Severability. — If any provision of this section is declared unconstitu-
tional or void for any reason or the applicability thereof of any person or cir-
cumstances is held invalid, the validity of the remainder of the section and the
applicability of such provisions to other persons and circumstances shall not
be affected thereby. It is the intention of the General Assembly that, if this
section cannot take effect in its entirety because of the judgment of any court of
competent jurisdiction holding unconstitutional or void for any reason any pro-
vision or provisions thereof, the remaining provisions shall be given full force
and effect as completely as though the provision or provisions held unconstitu-
tional or void had not been included in this section. 1933 (38) 341; 1934 (38)
1311.
§ 1624-2. Width of motor vehicles use transport passengers. — No person
shall operate on or upon or along any public highway any motor vehicle designed
and used for passenger transportation the total outside width of which, includ-
ing any part of the body, shall exceed ninety-six (96) inches. The operation of
any passenger motor vehicle upon any public highway of a greater width than
provided in section 1 hereof shall constitute a misdemeanor, and any person
found guilty of violating the provisions of this section shall upon conviction
be fined not less than ten ($10.00) dollars and not more than one hundred ($100.-
00) dollars, or imprisoned for not more than fifteen days in the discretion of
the court. 1936 (39) 1635.
§ 1626-1. Motor vehicles stop before passing school bus taking on or dis-
charging school children.
See this section in 1934 Supplement.
§ 1626-2. School bus operators be of same race as children they transport —
liability of contractors for violation. — It shall be unlawful for any person to
operate a school bus, while engaged in the transportation of pupils to
or from the public schools in this state, unless he be of the same race as the
pupils transported by him. Any violation of the provisions of this section
is declared to be a misdemeanor and shall be punishable by a fine of not ex-
ceeding one hundred ($100.00) dollars, or by imprisonment of not exceeding
thirty (30) days, in the discretion of the court. Any person who holds a con-
tract for the operation of any school bus and permits the violation of the pro-
visions of this section, in respect to the bus that he is under contract to operate,
shall forfeit all rights under his contract and the same shall be declared at an
end. 1935 (39) 251.
§ 1631-1. Operate motor vehicles manufactured or assembled on or af-
ter January 1, 1937, without safety glass unlawful. — On and after January 1,
1937, and except as hereinafter otherwise provided, it shall be unlawful to
operate on any public highway or street in this state, any motor vehicle which
55 Code of Laws of South Carolina § 1639-1
is registered in the State of South Carolina and which shall have been manufac-
tured or assembled on or after January 1, 1937, unless such motor vehicle be
equipped with safety glass wherever glass is used in partitions, doors, windows
or windshields. The term "safety glass" as used herein shall be construed as
meaning glass so treated or combined with other materials as to reduce, in
comparison with ordinary sheet glass or plate glass, the likelihood of injury to
persons by objects from external sources or by glass when the glass is cracked
or broken. The division of motor vehicles shall approve and maintain a list of
the approved types of glass, conforming to the specifications and requirements
for safety glass as set forth in this section and in accordance with the standards
recognized by the United States bureau of standards, and shall not issue a
license for any motor vehicle subject to the provisions of this section, unless
such motor vehicle be equipped as herein provided with such approved types of
glass. The division of motor vehicles shall require dealers to certify in bills of sale
and owners in certificate of title the type of glass used in partitions, doors, windows
and windshields of each car sold and whether it was manufactured or assembled
after April 6, 1936. The operator, owner or custodian of any motor vehicle which
is operating in violation of the provisions of this section shall be deemed guilty
of a misdemeanor and shall be punished by a fine of ten ($10.00) dollars or ten
(10) days in jail or both. 1936 (39) 1399.
This section added by 1936/1399.
§ 1632-1. Motor vehicle designed transport property have outside driver's
mirror. — It shall be unlawful to operate upon any of the highways of this state
any motor vehicle designed particularly for transportation of property, unless
the same be provided with a mirror so fixed in front of and to the left of the
seat of the operator as to enable him to observe the road and traffic in the
immediate rear of his vehicle. Any violation of the provisions of this section is
declared to be a misdemeanor and upon conviction therefor the offender shall be
subject to a fine of not less than five ($5.00) dollars nor more than fifty ($50.00)
dollars, or to a term of imprisonment of no less than five (5) days nor more than
fifteen (15) days. 1936 (39) 1712.
This section added by 1936/1712.
§ 1636. Persons under influence of intoxicants or narcotics not drive motor
vehicles. — It shall be unlawful for any person or persons while under the in-
fluence of intoxicating liquors or narcotics to drive or operate upon any public
highway or county road of this state any automobile, 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 imprisoned for a period of not less than twenty
(20) or more than thirty (30) days in the county jail or upon the county
chaingang in the county in which the violation occurred, or by a fine of not
less than twenty-five ($25.00) dollars nor more than one hundred ($100.00)
dollars : Provided, that for a second or subsequent offense the sentence shall be
imprisonment for not less than three months nor more than two years upon the
county chaingang in the county in which the violation occurred, or in the state
penitentiary. 1935 (39) 480.
Minimum fine of twenty-five (.$25.00) dollars fixed by 1935/4S0.
§ 1637. Unlawful to allow minor under fourteen years of age to operate
motor vehicle on highways.
See this section in 1934 Supplement.
§ 1639-1. Designation of taxis, Anderson County. — This section (acts 764
and 853, 1934 acts) in 1934 supplement repealed by 1935 acts, page 51.
§ 1667 1936 Supplement 56
§ 1667. Hauling timber, etc., over highways of Barnwell and Orangeburg
Counties regulated.
See this section in 1934 Supplement.
§ 1688-1. Not operate motor vehicles on front beach at Pawley's Island. —
It shall be unlawful for any person to operate a motor vehicle on the front
beach at Pawn's Island between low and high water mark at any season of the
year. Any person violating the provisions of this seel ion shall be guilty of a
misdemeanor and upon conviction shall be subject to a fine of not exceeding
twenty-five ($25.00) dollars or imprisonment not exceeding ten (10) days for
each and every offense. 1936 (39) 1682.
This section added by 1936/1682.
§ 1693. All steam railroads equip coaches with cinder deflectors. — * * *
Provided, that it shall not be necessary to equip any air-conditioned railroad
passenger coaches, pullman cars and dining cars with cinder deflectors, or wire
screens. 1936 (39) 1713.
The above proviso added by 1936/1713.
§ 1707. Penalty for fraudulently evading toll or fare.
See this section in 1934 Supplement.
§ 1729. Issue for jury on denial by reputed father — security, etc., on con-
viction. — Should such person be unable to comply with the requisitions here-
inbefore 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 sessions, 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 convicted, he shall be required to give
the security or recognizance hereinbefore required ; and on default thereof, shall
be liable to execution, as are defendants convicted of misdemeanors; Provided,
that on the annual payment of such sum of money as the court may direct, not
to exceed the maximum amount provided for in section 1726 of the 1932 Code,
the execution, except as to costs, shall be stayed until another installment falls
due. 1936 (39) 1336.
By 1936/1336 the words in italics in the sum of twenty-five dollars."
last proviso were inserted instead of "the
§ 1751. Classification of birds, animals and fish — open and closed seasons —
fishing regulations. — For the purpose of this section the following classifi-
cations 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-shinned
hawk.
(c) Game Animals. — Deer, fox, mink, muskrats, opossums, otter, rabbits, rac-
coons, skunk and squirrels.
(d) Game Fish. — Jackfish or pickerel, pike, black bass or pond trout, striped
bass or rockfish, warmouth, red belly bream, cooperfaced 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 hunting domestic game, birds and animals in South
Carolina shall be from Thanksgiving Day to March 1st, inclusive, except that
deer (bucks only) may be hunted from August 15th to January 1st, inclusive;
and raccoon and opossums may be hunted from September 1st, to March 1st;
provided, between September 1st and Thanksgiving day rabbits may be hunted
without firearms, and squirrels may be hunted without dogs. The trapping or
57 Code of Laws of South Carolina § 1751-1
snaring of quail or wild turkeys is absolutely prohibited, except as provided for
scientific or propagating purposes : Provided, that the bag limit for quail and
partridge shall be fifteen per day to the hunter; (1) provided, that the bag limit
for wild turkeys shall be two per day and a total of twenty per season to the
hunter, but no wild turkey shall at any time be shot from any natural or
artificial blind or hiding place when lured by bait.
And provided, further, that the open season for shooting squirrels in York
County shall be opened Thanksgiving day and closed February 1st of each year.
The bag limit for squirrels shall be fifteen (15) per day.
Provided, that the open season for shooting quail or partridges in York,
Greenville, Chester and Fairfield Counties shall open on Thanksgiving day, in
each year, and close on the first day of February of each succeeding year.
Provided, further, that there shall be no trapping of quail in Edgefield County
for any purpose.
Provided, that the open season for shooting quail and partridges in Chester-
field County shall be from Thanksgiving day to the 15th day of February, both
inclusive, of each year.
(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. Provided,
raccoons and squirrels may be killed by owners of crops from July 15th, if such
animals are destroying said crops.
(g) All domestic birds not named above are non-game birds, and shall not be
destroyed in any way at any time.
(h) The catching of game fish shall be with hook and line only in all clear-
water streams and waters of the state.
(i) Gill nets (not to extend more than halfway 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,
further, they be not used within one hundred yards of the mouth of clear water
streams emptying into the same : And 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 mouth or inside of any
rice fields ditches.
(j) 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.
1934 (38) 1249; 1935 (39) 35, 463.
See Sections 1751-1 and 1751-2 for addi- See Section 1518-2. 1934 Supplement,
tional laws relating to fish and game. which makes it unlawful for one to receive
For additional provisions relating to portion of fine imposed for violation of fish
foxes see Section 1768. or game law.
§ 1751-1. Additional fish laws. — (1) Catching Fish for Bait, Newberry
County. — It shall be unlawful for any person or persons to catch or remove any
minnows or other fish from the streams of Newberry County for the purpose of
using same as fish bait ; that nothing herein shall prevent anyone from catching
fish from his own premises for such purposes : Provided, however, that if any-
one have the consent of such landowner such fish may be caught for said pur-
poses. Any violations of the provisions of this subsection shall be a misdemeanor
and punished in the manner now provided by law. 1933 (38) 387.
(2) Fishing in Certain Clear Water Streams, Dillon, Florence, George-
town, Horry and Marion Counties. — There shall be a closed season against
fishing in Dillon, Florence, Georgetown, Horry and Marion Counties, in the
waters of Little Pee Dee River, Lumber River, Waccamaw River, and Black
§ 1751-1 1936 Supplement 58
River, or any of their tributaries, from the 15th day of May until the 1st day
of July of each year. During the closed season established hereinabove, if any
person is caught on the waters of the rivers named hereinabove, or any of their
tributaries, having in his possession any fishing tackle, or wares of any kind
whatever, used for the purpose of taking fish from said waters, it shall be prima
facie evidence that he is fishing and catching fish, and shall be punished accord-
ing to the provisions of this subsection. In the counties of Florence, Georgetown,
Horry and Marion fishing with hook and line and rod and reel shall be permitted
during the closed season. This exemption from the provisions of this subsection
shall not extend the fishing season with set hooks, nets, fish traps or any devices
for the catching of fish except one pole and hook and line or rod and reel with
one line for each person so fishing. Any person convicted of violating any pro-
visions of this subsection shall be fined not less than ten ($10.00) dollars nor
more than thirty ($30.00) dollars, or be required to work upon the public works
of the respective counties not less than ten (10) days nor more than thirty (30)
days, or both, in the discretion of the court. 1935 (39) 420; 1936 (39) 1665.
(3) Seining for Fish, Greenville, Anderson, Pickens and Oconee
Counties. — It shall be unlawful for any person to use within Greenville, Ander-
son, Pickens and Oconee Counties, or any of the waters thereof, or any of the
waters contiguous thereto, any net of any description commonly called a seine
for the purpose of gathering, hemming, or driving fish in any of said waters.
And the word "net" shall be deemed and interpreted to include any and every
device in the nature of a net whether made of cotton, hemp, rayon, silk, or wire.
But the provisions of this subsection shall not prevent the use of a circular net
commonly called a "landing net" to be used in landing a fish, provided it not
be over fourteen inches (14 in.) in diameter and eighteen inches (18 in.) deep.
The said fish shall be caught only with rod and reel, or rod and line, or pole and
line, with single bait or lure in the hands of the operator, or by throwing when
not more than one lure and line is used by the person throwing ; provided, that
when the pole and line is used, the fisherman may use not exceeding three poles
provided the same be used in his view, and he is not required to have the same
in his hands all of the time : Provided, further, that it shall not be unlawful for
a person fishing with pole and line to have in his possession and to use at
intervals a rod and reel or rod and line. Provided, further, that fishing with rods
and reels or rods and lines or poles and lines or lines or what is commonly
known as fish baskets, with single or multiple bait or lure, in Pickens and Ander-
son Counties shall in no wise be limited, restricted or prohibited by this sub-
section. The possession of any device of the nature described hereinabove upon
or in the waters of the counties aforesaid shall be deemed to be an infraction
of this subsection. Any of the violations of the provisions of this subsection shall
be deemed a misdemeanor and punishable by a fine of not more than one hundred
($100.00) dollars or not more than thirty (30) days imprisonment in the dis-
cretion of the court. 1933 (38) 333; 1936 '(39) 1571.
(4) Clear Water Streams— (a) Lynches River. — All of Lynches River
located within the borders of the state of South Carolina shall be designated as
and be declared to be a clear water stream. 1933 (38) 1166.
(b) Sumter County. — All streams in Sumter County are hereby declared
to be clear water streams except the main stream of the Wateree River. 1936
(39) 1596.
(5) Operation Fish Hatcheries — (a) Lexington, Newberry, Richland
and Saluda Counties. — After the development of a fish hatchery, or hatcheries,
59 Code of Laws of South Carolina § 1751-1
within the coimtes of Lexington, Newberry, Richland and Saluda by the works
progress administration, or any other agency of the United States government
not more than twenty-five (25%) per cent annually of the funds collected and
accruing to the said counties, in any one year, from the sale of hunting licenses
and from the fur tax referred to in sub-section 3 of section 1790, may be used
for the maintenance and operation of a fish hatchery, or hatcheries, and the dis-
tribution of fish from said hatcheries to the streams and lakes in the counties of
Lexington, Newberry, Richland and Saluda. 1936 (39) 1632.
(b) York County. — After the development of a fish hatchery, or hatcheries,
within the county of York by the works progress administration, or any other
agency of the United States government, twenty-five (25%) per cent, of the
funds collected and accruing to the said county, in any one year, from the sale
of hunting licenses and from the fur tax referred to in subsection 3 of Section
1790, may be used for the maintenance and operation of a fish hatchery, or
hatcheries, and the distribution of fish from said hatcheries to the streams and
lakes in the county of York. 1936 (39) 1772.
(6) Owners of Private Ponds Catch Fish Therein for Propagation
Purposes — Permit Necessary. — Persons owning private ponds in this state are
allowed to catch fish therein for propagation purposes only after the issuance
of a permit from the chief game warden. The chief game warden is authorized
and empowered to issue such rules and regulations as in his judgment is proper
concerning the issuance of such permit, the length of time that each permit will
be of force, and the conditions on which issued ; and he shall have full power
and authority to revoke such permits in his discretion. No permit shall be issued
except it be endorsed in writing by the game warden of the county in which it
is to be used. All violations of law shall be enforced, and with penalties as now
provided, except as hereby expressly changed. 1936 (39) 1545.
(7) Not Take Shad from Ashepoo River in Colleton County for Ten
Years. — The taking of shad from the Ashepoo river and its tributaries in
Colleton County for a period of ten (10) years from May 8, 1936, is hereby pro-
hibited. Any person, firm or corporation violating the provisions of this subsec-
tion shall be deemed guilty of a misdemeanor and punished by a fine of one
hundred ($100.00) dollars or imprisonment for a period of thirty (30) days or
both fine and imprisonment at the discretion of the court: Provided, that the
provisions of this subsection shall not apply to the state board of fisheries taking
shad to be used in hatcheries. 1936 (39) 1535.
(8) Length of Seines Use Catch Fish, Etc., on and Near Beaches,
Charleston County. — It shall be unlawful to use on any of the beaches of
Charleston County in this state or within the distance of three hundred yards
from any such beach any seine or other net, for the capturing of fish or other
forms of marine life, exceeding two hundred (200) feet in length. Any person
or persons violating the provisions of this subsection shall be fined not less than
twenty-five ($25.00) dollars, and not more than one hundred ($100.00) dollars
or be imprisoned for not less than five (5) nor more than thirty (30) days for
the first offense; and shall be fined not less than one hundred and ten ($110.00)
dollars nor more than two hundred and fifty ($250.00) dollars or be imprisoned
not less than thirty (30) nor more than sixty (60) days for the second and each
subsequent offense. 1936 (39) 1369.
(9) Not Destroy or Offer for Sale Sea Turtle or Sea Turtle Eggs. — It
shall be unlawful for any person, firm or corporation to kill or offer for sale any
sea turtle. It shall be unlawful for any person, firm or corporation to offer for
sale, sell or destroy any sea turtle eggs. Any person, persons, firm or corporation
§ 1751-1 1936 Supplement 60
found guilty of violating any of the provisions hereof shall be punished by a fine
of not less than one hundred ($100.00) dollars, or imprisoned not less than
thirty (30) days, or both. 1935 (39) 251.
(10) Remove Shad and Sturgeon Nets from Banks op Streams 3 Days
after Close of Season. — It shall be unlawful for any person, persons, firm, or
corporation to leave his, their or its shad or sturgeon net on the banks of
streams of this state more than three (3) days after the closed season for the
catching of shad or sturgeon. Any person, persons, firm or corporation found
guilty of the violation hereof shall be punished by a fine of not more than
twenty-five ($25.00) dollars, or imprisoned for not more than fifteen (15) days.
1935 (39) 283.
§ 1751-2. Additional game laws. — (1) Hunting Season Extend through
Monday when Season Expires on Sunday. — In all instances when the open
season for the hunting of game expires on Sunday, such period shall be ex-
tended to include the following Monday. 1936 (39) 1303.
(2) Bald Eagles. — It shall be unlawful to take, catch, hunt or kill Bald
Eagles in this state. The penalty for each and every violation of this subsection
shall be a fine of not less than twenty-five ($25.00) dollars, nor more than one
hundred ($100.00) dollars, or imprisonment for not more than thirty (30) days.
1932 (37) 1386.
(3) Carrier Pigeons — Not to Shoot, Maim or Entrap. — The shooting, kill-
ing or maiming of an Antwerp or Homing Pigeon, commonly known as a carrier
pigeon, is hereby prohibited. It shall also be unlawful for any person or persons
to entrap or detain any carrier pigeon that has the name of its owner stamped
on its wing or tail feathers or has upon its leg a band bearing the owner 's name,
initials or a number on said band. Any person or persons violating the provisions
of this subsection shall be guilty of a misdemeanor and punishable by a fine not
exceeding ten ($10.00) dollars or imprisonment not exceeding ten (10) days.
1935 (39) 421.
(4) Deer — (a) Season Hunt, Horry County. — The open season for hunting
deer (bucks only) in Horry County shall be from the first day of September to
January first, inclusive. 1935 (36) 286.
(5) Marsh Hens and Rails — (a) Open Season and Bag Limit, Charleston
County. — The season for hunting marsh hens and rails in Charleston County
shall open on October 1 of each year and shall close on October 31 of each year.
The bagging limit shall be 10 of each per day. Any person violating the pro-
visions of this subsection shall be guilty of a misdemeanor and upon conviction
subject to a fine of not more than one hundred ($100.00) dollars or thirty days
(30) imprisonment. 1934 (38) 1404.
(6) Quail — (a) Season Hunt, Oconee County. — The season for hunting
quail in Oconee County shall open on Thanksgiving day, and close on the first
day of February of each year. 1934 (38) 1450.
(b) Season Hunt, Union County. — The open season for quail in Union
County shall be as now provided by law, and shall close on February 15, of
each year. 1936 (39) 1587.
(c) Bag Limit, Clarendon, Florence, Horry, Saluda, and Williamsburg
Counties. — The bag limit for quail in the counties of Williamsburg, Clarendon,
Florence and Horry shall be twelve (12) for one day's hunt. And the season
bag for Saluda County shall be 100 birds. 1936 (39) 1636.
(7) Squirrels, Raccoons, Oppossums — (a) Season Hunt, Marion County. —
In Marion County the open season for hunting squirrels, raccoons and opossums
61 Code of Laws of South Carolina § 1761-A
shall extend from Thanksgiving day to March 1st of the year next thereafter.
1935 (39) 225.
§ 1752. Violation of § 1751 a misdemeanor — penalty. — Any violation of the
provisions of section 1751 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 ($100.00) dollars, or imprisonment of not less than ten
or more than thirty days. 1933 (38) 438.
By 1933/43S the minimum fine was reduced from $25.00 to $10.00.
§ 1755. Penalty for violation of game or fish law, when not otherwise
specified. — When not otherwise specified, the penalty for violation 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 penalty of fine of not less than ten
dollars or more than one hundred dollars, or imprisonment of not less than ten
or more than thirty days. 1933 (38) 437.
By 1933/43S the minimum fine was reduced from $25.00 to $10.00.
§ 1758. Hunter's license required.
Expenditure of game funds : Cherokee County, 1935/382.
§ 1759. Hunting licenses. — * * * (7) Hunter Possess and Display on
Demand. — Every licensee shall carry upon his person, while hunting, and shall
show upon demand of any officer, his hunting license certificate, corresponding
to serial number of his hunting license button. Any one violating the provisions
hereof shall, upon conviction, be sentenced to pay fine of not less than ten ($10.-
00) dollars, nor more than one hundred ($100.00) dollars, or serve a term of
not less than ten days, nor more than thirty days.
(8) Game "Wardens Issue Certificate with Each Hunting License Button
— Not to Postdate. — All game wardens and their respective agents in this state
are hereby prohibited from issuing a hunting license button without giving a
certificate therefor with number corresponding to the license button, said record
to be made and dated on the date of issuance. They are further prohibited from
postdating any hunting license certificate. Any game warden or his agent violat-
ing the provisions of this subsection shall be guilty of a misdemeanor and
punished by a fine of not less than twenty-five ($25.00) dollars or more than one
hundred ($100.00) dollars or thirty (30) days imprisonment within the dis-
cretion of the court. 1935 (39) 242; 1936 (39) 1317.
Subsection 7 added by 1936/1317. Subsection 8 added by 1935/242.
§ 1761-A. Regulations for trapping, shipping or transporting furs, pelts,
skins and hides. — * * * (2) Tag Skins of Game Animals Bought, Stored
or Transported. — All persons or corporations buying, storing, shipping or
transporting furs, or pelts, or skins, shall make application to the game warden
or his authorized deputy for a tag, which said tag or label shall be securely
attached to the fur, pelt, skin or hide so bought, stored, shipped, or transported.
Said tags or labels to be of such design and in such form as the chief game warden
may prescribe, and the cost of said tags or labels to the person, buying, storing,
shipping or transporting said furs, pelts, skins or hides shall be according to
the following schedule : For each tag or label for buying, storing, shipping or
transporting otter hide or skin, one ($1.00) dollar; for each tag or label for
buying, storing, shipping or transporting a red fox hide or skin, one ($1.00)
dollar; for each tag or label for buying, storing, shipping or transporting a
raccoon, grey fox or mink hide or skin fifteen (15c) cents; for each tag or label
for buying, storing, shipping or transporting a skunk hide or skin ten (10c)
cents; for each tag or label for buying, storing, shipping or transporting an
§ 1761-A 1936 Supplement 62
opossum or muskrat hide or skin five (5c) cents each; Provided, that the tag
shall be purchased in the county where the furs, pelts or skins are bought,
stored, shipped or transported. The penalty for violation of this subsection shall
be punishment by a fine of not less than one hundred ($100.00) dollars, nor more
than five hundred ($500.00) dollars, or imprisonment for not less than thirty
(30) days, nor more than six (6) months for each and every offense. 1935 (39)
372.
By 1935/373 skins of game animals the same as if they were to be transported,
bought or stored were required to be tagged
§ 1768. Foxes — hunting of — when may kill. — 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 this state, except as hereinafter
provided : Provided, that fox or foxes may be hunted or run in with dogs in
this state from September the 15th until the 15th day of February each year:
Provided, that in Chester County fox or foxes may be hunted or run with dogs
from September 15th until March 1st of each year: And provided, further, that
any person or persons may shoot, chase or kill any fox or foxes at any time that
they are doing any damage upon the property of such person or persons or
property under their control ; and provided, further, it shall be unlawful to
sell and ship live fox within the state; and provided, further, that no person
or persons shall chase any fox or foxes as herein provided except on his or their
own land or lands under his or their control. Any person or persons violating 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; provided, that
the provisions of this section shall not apply to hunting, shooting, trapping and
killing of foxes in Colleton, Spartanburg and Oconee Counties, or digging out
of the ground, or pushing or dragging out of a tree or log of foxes in said
counties. Provided, further, that in Chesterfield County fox or foxes may be
hunted or run with dogs from 1st day of September until the 15th day of
February of each year. Provided, further, that in Anderson County there shall
be a closed season for hunting of foxes, which shall be from June 1st until the
15th day of September each year. Provided, in that portion of Oconee County
lying to the east and south of a line coinciding with highway 183 from Pickens
County line through Walhalla to Westminster and the Westminster-Atlanta
highway to Tuglo River, it shall be unlawful to hunt, trap, shoot or in any
manner take or kill any fox between the 1st day of April and the 1st day of
October of each year: Provided, further, that in Newberry County there shall
be a closed season for the hunting of foxes from the 15th day of February until
September 15th of each year. 1935 (39) 140; 1936 (39) 1700, 1752.
For further provisions relating to foxes see Sections 17GS-1 and 1751, this Supplement.
§ 1768-1. Declare open season on foxes and coyotes. — Whenever it shall ap-
pear that foxes or coyotes are destroying birds, poultry, pigs, lambs or other
property in any county in this state the chief game warden, upon the written
request of a majority of the legislative delegation of anj r such county, shall
declare an open season on foxes or coyotes in the county or counties suffering
from such destruction and for such period of time as said delegations may deem
desirable. 1932 (37) 1312.
§ 1769. Unlawful catch, kill, possess or transport, or attempt to catch, kill,
possess or transport, any bird or animal in violation of chapter 84, 1932 Code. —
It shall be unlawful for any one to catch, kill, possess or transport, or to attempt
to catch, kill, possess or transport any bird or animal in violation of any of the
provisions of chapter 84, vol. I, Code of Laws of South Carolina, 1932, and the
63 Code of Laws of South Carolina § 1800-1
•unlawful transportation or possession of any part of any bird or animal shall
be equally unlawful. Any and all such birds or animals, and any and all parts
thereof, found in the possession of any person, firm or corporation shall be con-
fiscated, sold to the highest bidder, and the proceeds thereof turned over to the
state treasurer for the credit of the game protection fund. In addition to such
confiscation, any violation thereof shall be a misdemeanor and the offender,
upon conviction, fined not less than twenty-five ($25.00) dollars, nor more than
one hundred ($100.00) dollars, or imprisoned for not less than ten (10) days
nor more than thirty (30) days. 1935 (39) 170.
Section 1769, 1932 Code, repealed by 1935/170. The above provisions come from said Act.
§ 1771. Keeping of birds or animals forbidden to be sold in cold storage. —
It shall be unlawful to keep any of the birds or animals forbidden to be sold
by the terms of this chapter in cold storage or refrigerating plants, except in a
private dwelling, unless the bird or animal in cold storage, or the package con-
taining same, shall bear the name and address and the serial number and the
class of the hunting license of the owner of such bird or birds, animal or animals.
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, in the discretion of the court trying the case. 1935 (39)
235.
Words in italics added by 1935/235. The "case," last line of this section in 1932 Code,
said Act also eliminated all after the word
§ 1773. Unlawful keep in cold storage partridge, wild turkey or wood-
cock. —
See § 1771, this Supplement.
§ 1786. License to enter public lands hunt wild duck. — Repealed by 1934
Acts, page 1310.
§ 1790. Chief game warden close season on domestic game during abnormal
conditions.
Game sanctuaries, Kershaw County, See Section 1758 for expenditure of game
§ 4529-3 hereof ; Sumter County, 1933/79. funds.
§ 1800. Closed season for sale of game fish. — It shall be unlawful for any-
one to sell game fish during the months of April, May and June of each year :
Provided, nothing contained in this section shall be construed to apply to any
game fish shipped into this state from a point without the state. Any person or
persons violating the provisions of this section shall be deemed guilty of a mis-
demeanor and upon conviction shall be fined not more than one hundred ($100.-
00) dollars nor less than twenty-five ($25.00) dollars or imprisonment for not
less than ten (10) nor more than thirty (30) days, for each and every violation
hereof : Provided, that the provisions of this section shall not apply to persons
taking fish from private ponds. 1928 (25) 1179; 1932 (37) 1480.
The provisions relating to the shipment of Section 1S0O-1.
game fish were repealed by 1932/1480. See
§ 1800-1. Shipping or carrying game fish out of state. — (1) "Person"
Defined. — When used in this section the word "person" includes company,
partnership, corporation, association, and common carrier.
(2) Shipping, Transporting or Carrying of Game Fish out of the State
Prohibited — Exceptions. — It shall be unlawful for any person to deliver or
knowingly receive for transportation, or knowingly to transport, by any means
whatsoever, beyond the limits of the state of South Carolina, any large-mouth
black bass (micropterus salmodies), or any small-mouth bass (micropterus
dolomieu), or any jackfish or pickerel, pike, pond trout, striped bass or rockfish,
§ 1800-1 1936 Supplement 64
warmouth, red-belly bream, copperface or ball-faced bream, yellow-belly perch,-
sun perch, redfin trout, flyer, crappie, rock bass, goggle eye, white perch, or
other game fish caught in this state : Provided, however, a non-resident of this
state who is a bona-fide holder of a non-resident fishing license, or a citizen of
this state, is hereby permitted to take or carry with him from the state not
over fifty game fish during any one calendar week when said fish have been
caught or taken in accordance with the laws of this state.
(3) Powers op Game Wardens. — It shall be lawful for any game warden or
other officer of the law to search, upon reasonable information, any package or
container containing fish, and to seize and hold said fish as evidence and to declare
said fish forfeited, upon conviction of the offender, sell said fish to the highest
bidder.
(4) Penalty for Violation. — Any person who shall violate any of the pro-
visions of this section shall, upon conviction, be punished by fine of not less than
twenty-five ($25.00) dollars nor more than one hundred ($100.00) dollars, or
imprisonment for not less than ten (10) nor more than thirty (30) days for
each and every offense.
(5) No Effect on Shipments Originating and Terminating outside of the
State. — Nothing in this section shall be construed to prevent the shipment in
interstate commerce of live fish and fish eggs for breeding or stocking purposes
when said shipment shall originate outside of the state of South Carolina and
terminate outside of the state of South Carolina.
(6) Disposition of Fines or Proceeds from Sale of Fish. — That all fines or
proceeds from sale of fish under this section shall be immediately transmitted to
the chief game warden for credit of the game protection fund. 1932 (37) 1480.
Subs. 5A and 5B of original act repealed by 1934/1249.
§ 1817. Obstructions in streams.
Seining of fish prohibited in Anderson, see § 1751-1 (3) hereof.
Greenville, Oconee and Pickens Counties,
§ 1828-1. Fishing in Lake Murray. (1) Trowling — Bass or Trout — Num-
ber — Size. — Fishing in Lake Murray shall be regulated as follows, to-wit : the
use of a hook pulled behind a boat, commonly known as trowling, shall be limited
to one line per boat, except when there is more than one person in a boat, in
which case such boat shall be limited to two lines ; and that the number of bass
and/or trout which any one person may be permitted to catch or have in his or
her possession taken from the waters of Lake Murray in any one day shall not
be over ten (10), and that the size of any bass or trout caught or taken from said
Lake Murray, or which any person may have in his or her possession as taken or
caught from said Lake Murray, shall not be less than six (6) inches in length.
It shall be lawful to use round wood split baskets in Lake Murray at all times
for the purpose of catching nongame fish only, but the use of any other kind
of basket or trap shall be unlawful, and any violation thereof, shall be punished
by a fine of not less than ten ($10.00) dollars, or more than one hundred ($100.-
00) dollars, or a sentence of not exceeding thirty (30) days.
(2) Enforcement — Use of Fines Collected — Extra Wardens During September
and October. — The provisions of this section shall be enforced by the game
wardens of the counties of Lexington, Newberry, Saluda and Richland. The
penalties growing out of violation hereof shall be paid over to the chief game
warden and he shall use so much of the said fines as is necessary to supplant the
salaries received by the game warden from the four counties mentioned until
each of their salaries amounts to the sum of one hundred and fifty ($150.00)
dollars per month: Provided, further, that the chief game warden may, during
65 Code of Laws of South Carolina § 1829
the months of September and October appoint an extra game warden from each
of said counties.
(3) Jurisdiction. — Subsections 1 and 2 hereof shall apply to the waters of
Lake Murray from Blacks Bridge down to the Saluda Dam and from the Old
Cherokee Road on Little Saluda River down to the Saluda Dam.
(4) Catching of Non-Game Fish in Waters Above Blacks Bridge — Permit
Necessary to Trap Fish — Penalty for Trapping Game Fish. — Hereafter in the
waters above Blacks Bridge on Lake Murray traps, or nets of not less than one
and one-quarter inch mesh may be used at any time in the catching of non-game
fish, only : Provided, that no one be allowed to trap fish in Lake Murray without
first procuring a permit from the chief game warden or one of the several county
game wardens to set such traps for the purpose of taking non-game fish, only.
This permit to be furnished free upon application. Upon conviction for taking
game fish in traps said permit to be revoked for six (6) months for the first
offense; upon conviction for a second offense, the person so convicted shall be
subject to a fine of twenty-five ($25.00) dollars, or not more than thirty days
imprisonment and permit revoked. 1932 (37) 1370; 1933 (38) 507; 1936 (39)
1767.
§ 1829. Manufacture, sale, possession, transportation and use of alcoholic
liquors. — (1) Definitions. — For the purposes of this section and unless otherwise
required by the context :
(a) The words "alcoholic liquors" mean any spirituous malt, vinous,
fermented, brewed (whether lager or rice beer), or other liquors any compound
or mixture thereof by whatever name called or known which contains alcohol and
is used as a beverage : Provided, that the foregoing definition shall not extend to
wine when manufactured or made for home consumption and which is not sold
by the maker thereof or by any other person : Provided, further, that the provi-
sions of this section shall not apply to any beverage heretofore or hereafter de-
clared by statute to be non-alcoholic or non-intoxicating.
(b) The word "person" means and includes natural persons, associations,
co-partnerships and corporations.
(c) The word "manufacturer" means any person operating a plant or place
of business within this state for distilling, rectifying, brewing, fermenting,
blending or bottling any alcoholic liquors.
(d) The word "wholesaler" means any person who shall from without the
state purchase, acquire, or import, or who shall purchase or acquire from a
manufacturer within the state any alcoholic liquor for resale.
(e) The words "retail dealer" shall mean any holder of a license issued under
the provisions of this section, other than a manufacturer or wholesaler.
(f) The words "tax commission" shall mean the South Carolina tax com-
mission.
(2) License Required Manufacture, Wholesale or Retail — Application
— Qualifications of Licensees — Alcohol Used in Manufacture and Sale
of Certain Products Exempted. — Every person before engaging in the busi-
ness as a manufacturer, wholesaler, or retailer of alcoholic liquors shall first
apply to and procure from the tax commission an annual license for the privilege
of engaging in such business, and for the privilege of carrying on such business
shall be subject to the payment of licenses and taxes in the amounts hereinafter
provided. The said application shall be under oath, and shall set forth the name
of the party or parties, or corporation, and, if a corporation, the name of the
president and secretary and the name of the party who shall have actual control
and management, and shall give the address of each of said parties nai
said application, the name and address of the firm or corporation; and i
describe the place where said business is to be conducted or operated, tl
and nationality of the applicant. No person shall be permitted to opera
such business unless the applicant, if the same be a copartnership or indi
or the person who is to have actual control or management of such conten
business shall be a citizen of the United States, and shall be a perso
twenty-one years of age, and such application shall state facts sufficient 1
ply with said provisions and each and all applications made shall state t]
applicant or applicants are all of good repute and have due regard for 1e
will operate the said business in a lawful manner, as that term is here
defined, and that neither he nor any person, firm or corporation for who
business is to be operated has had his or its license cancelled within t
five years preceding the filing of such application : Provided, that no pro
in this section shall apply to alcohol intended for use in the manufactu
sale of any of the following when they are unfit for beverage purposes, n
(a) Denatured alcohol produced and used pursuant to acts of Congn
regulations promulgated thereunder;
(b) Patent, proprietary, medicinal, pharmaceutical, antiseptic and
preparations ;
(c) Flavoring extracts, syrups and food products;
(d) Scientific, chemical, mechanical, and industrial products. Any pers
shall knowingly sell any of the products enumerated in paragraphs (a
(c), and (d), for beverage purposes shall be subject to the penalties pi
for in subsection 13 of this section. No provision of this section shall aj
ethyl alcohol intended for use by hospitals, colleges, governmental agenc
other permittees entitled to obtain such alcohol tax-free, as provided by
Congress and regulations promulgated thereunder.
(3) License — Issuance — Form — Display — Forfeit on Violating Sec
Tax Commission Revoke for Cause. — Upon presentation to the tax com]
of the application under oath, provided for in subsection 2, if the tax c
sion is convinced that the facts stated in the application are true and that
plicant is a fit person to engage in or operate said business, and that the 1
is a proper one, then upon compliance by the applicant with the further r
ments of this section, the said tax commission shall issue a license 1
applicant, or applicants, who shall then be permitted to engage in said b
at the place mentioned in the application during the term of said license,
said license is forfeited for violation of the terms of this section. The s;
commission shall prescribe the form of license to be issued under the pre
of this section, and said license when so issued shall be conspicuously ai
tinuously displayed in said place of business. Any licensed dealer violat:
terms of this section shall forfeit his license, and shall not, within a pe
five years, be again licensed. The tax commission is hereby vested with au
to revoke for cause any license granted under the provisions of this sect
the event of resort to any court from such revocation in whatsoever fo
proceedings may be brought, it shall in no wise act as a supersedeas of th<
of revocation. The license so revoked shall stand as suspended, pendi
termination of the proceedings.
(4) Applicant for License File Bond or Deposit Securities — T:
Subject to Forfeiture — Procedure. — No license shall be issued unless ■
plicant shall first file with the tax commission a surety bond approved by
ion, and sold and countersigned by some duly authorized insurance
n the county where the licensee is to do business ; the amount of said
ond shall be in the penal sum of two thousand ($2,000.00) dollars, and
itional amount that the tax commission shall deem wise, conditioned
e lawful operation of said business and the prompt payment of all
and taxes provided in this section : Provided, that in lieu of a surety
Le applicant for license may deposit with the state treasurer cash or
in like amount, satisfactory to the state treasurer. Upon any violation
ection by said licensee, the said security or securities shall be subject
iture upon a rule to show cause, directed to the licensee by the tax
ion, requiring the said licensee to show cause, upon notice of not less
(10) days, why the said security or securities should not be forfeited
3r. Upon the return to the said rule, in the event of a finding by the tax
ion that sufficient cause has not been shown by the said licensee, the
commission is hereby authorized to issue its order declaring the said
s forfeited, whereupon the licensee shall have the right to appeal upon
notice from such order to the court of common pleas of the county in
ie place of business is located, within ten (10) days after notice of the
I the tax commission. A judge of the said court of common pleas or any
f the supreme court, after four days' notice to the tax commission of
ication therefor, shall have the power to issue an order superseding the
the said tax commission hereinbefore provided for upon such terms,
is, and surety as to the court may seem proper, pending final determina-
te said appeal. In the event of such appeal, the tax commission shall
ts findings upon the rule to show cause to the court of common pleas of
ty in which the place of business is located, and a trial de novo shall be
he said court of common pleas, which trial shall have the right of way
Dther civil jury cases at the next succeeding term of the court of common
the said county, or in any subsequent term at which said trial may be
on final determination of the forfeiture of said securities, the state
r, after fifteen days' advertisement, shall sell the same at public auction
funds derived therefrom shall be turned into the state treasury to be
of as other licenses and taxes under this section. In addition to the
ent hereinafter referred to for the violation of any of the provisions of
;he subsections of this section, every violation by a licensee shall con-
breach of the condition of the bond, and the full amount thereof shall
by the licensee or his surety. On failure to pay the same, the tax corn-
is hereby authorized and directed to recover same in a suit brought in
: against the licensee and his surety in the county in which the licensee
-ating.
■icenses — Issue Annually — Fees — Death of Licensee. — The licenses
issued annually upon compliance with the provisions of this section and
nent to the tax commission of the following fees, which shall be in ad-
it the license taxes hereinafter provided, to wit: (a) manufacturer's
;wo thousand ($2,000.00) dollars; (b) wholesaler's license, two thousand
30) dollars; (c) retailer's license, two hundred fifty ($250.00) dollars.
ases shall expire on June 30 of each year; provided, however, that
issued before June 30, 1935, shall remain in full force and effect until
, 1936 : Provided, further, that persons obtaining licenses on or after
' 1, and before June 30 of any year may obtain the same for the re-
of the license year upon the payment of one-half of the license fees
•ovided : Provided, further, that in the event of the death of any person
§ 1829 1936 Supplement 68
who may have acquired a license as a retail or wholesale dealer in alcoholic
liquors during the term for which said license is issued that the personal rep-
resentative of such deceased person, with the consent of the probate court as
required by law and subject to approval by the tax commission as a proper party
to conduct such business upon the same basis as an original applicant, may con-
tinue to operate such business for and during the life of said license, or may
elect to discontinue such business upon the death of the licensee and in such
event the unearned license tax shall be returned or refunded to the estate or
personal representative of the deceased licensee. The amount of such refund
shall be based upon the cost of the license per month for the period for which
it has been issued.
Executor or Administrator of Estate of Deceased Licensee Sell Stock
Owned by Deceased. — In case of the death of a person holding a retail or
wholesale license under the provisions of this section, during the license period,
the executor or administrator of said licensee's estate is hereby authorized to
sell to a licensed wholesale or retail dealer, alcoholic liquors in bulk which were
owned by said deceased licensee. Said sale shall be made at the place of business
of the deceased licensee and a report thereof immediately made to South
Carolina tax commission.
(6) License Tax — Champagne — Affixation of Stamps on Containers —
Licensees Report Receipt of Shipments — Stamp Wholesale Shipments for
Other States — Wholesalers Report Sales. — Every person doing business
within the state of South Carolina and engaging in the business of selling
alcoholic liquors, except distillers thereof, for the privilege of carrying on such
business, shall be subject to the further payment of a license tax which shall
be measured and graduated in accordance with the volume of sales of such
business. There shall be levied, assessed, collected and paid in respect to the
alcoholic liquors referred to in this section, the following amounts : Upon each
eight (8) ounces or a fractional quantity thereof, five (5^) cents: Provided,
further, that champagne may also be sold in licensed liquor stores and shall be
taxed at the rate provided in subsection 2557-1 (2) and the following proviso
any provisions of law to the contrary notwithstanding. Provided, further, that
the rate of tax upon alcoholic liquors containing alcohol in excess of fourteen
(14%) per cent by weight and not in excess of twenty-one (21%) per cent
by volume shall be two cents (2$) upon each eight (8) ounces, or fractional quan-
tity thereof.
The tax herein levied shall be paid by affixing stamps on each bottle or con-
tainer of alcoholic beverages. The said stamps shall be cancelled by writing or
printing thereon the name of the person, firm or corporation first having possession
of same in South Carolina for resale within the state, and such other data as
required by the tax commission. In case a bottle is enclosed in a sealed metal
container, the tax commission, in its discretion, may allow the affixing of the
required stamps to the metal container instead of to the bottle. The stamps shall
be affixed to the bottle or container immediately upon receipt of the al-
coholic liquor contained therein, or immediately upon the alcoholic liquors
being bottled : Provided, that when stamps have been once affixed as provided in
this section, no other or further stamps shall be required, regardless of how often
such alcoholic liquors may be sold or resold within the state: Provided, further,
that the stamps shall be affixed in such manner that their removal will require
continued application of steam or water. Every licensee, upon receipt of a
shipment of alcoholic liquors for sale within the state of South Carolina, under
69 Code of Laws of South Carolina § 1829
the provisions of this section, shall, within twenty-four hours after receiving
the same, and before it is offered for sale, furnish to the tax commission a true
invoice of the alcoholic beverages so received. "Wholesale dealers having in pos-
session any alcoholic liquors intended for shipment to any place without the
state shall keep such alcoholic liquors in a separate compartment from that of
liquors intended for sale within the state, so that the same may be easily in-
spected, and shall attach to each package of alcoholic liquors so intended for
shipment without the state a stamp denoting that the same is not intended for
sale within the state. "When such alcoholic liquors are so kept and so stamped
with a special stamp no tax on account thereof shall be charged. For defraying
the expenses thereof the tax commission shall charge for every such stamp the
sum of twenty-five (25) cents. All wholesalers shall furnish to the tax commis-
sion duplicate copies of all invoices for the sale of alcoholic beverages within
twenty-four (24) hours after such alcoholic beverages have been removed from
the wholesaler's place of business.
(7) Stamps — Sale. — The tax commission is hereby authorized and directed
to have prepared and distributed stamps suitable for denoting the tax on
alcoholic liquors enumerated herein and said stamps and other stamps required
under this section shall be sold only to such persons as hold a valid wholesale
"license under the provisions of this section. The tax commission may promulgate
rules and regulations for the enforcement of the provisions of this subsection.
(8) License and Taxes Herein in Lieu of Other Licenses and Taxes
Except Property, Income, and Corporation License Taxes. — The licenses
and excise taxes herein provided, for the privilege of engaging in the business of
manufacturing and selling alcoholic liquors, shall be in lieu of all other taxes
and licenses — state, county, and municipal — except property, state income, and
corporation license taxes.
(9) Manufacturers and "Wholesalers — Places of Business — Sales —
Drinking on Premises Prohibited — Stamp Alcoholic Liquors when Bottled
in This State. — It shall be unlawful for any manufacturer to own or operate
more than one plant, establishment, or place of business for the manufacture of
alcoholic liquors in any one county of this state, nor shall he sell, barter, ex-
change, give, transfer, or deliver any alcoholic liquors to persons within this
Btate other than the holders of wholesale licenses; nor shall the alcoholic
liquors be transported or delivered to any one within this state not hold-
; ing a license hereunder. It shall be unlawful for any manufacturer to
permit alcoholic liquors to be drunk on the premises, and likewise
. it shall be unlawful for persons to drink alcoholic liquors on the premises
of any manufacturer. In the event any alcoholic liquors are bottled within the
state of South Carolina, such alcoholic liquors shall be stamped when bottled.
It shall be unlawful for the wholesaler to sell, barter, exchange, give, transfer,
or deliver for consumption any alcoholic liquors within this state to any person
not holding a license hereunder, nor shall a wholesaler permit any alcoholic
liquor to be drunk on the premises. Every wholesaler hereunder shall maintain
a separate store or warehouse for the purpose of conducting the business of a
wholesaler, and no other goods, wares, or merchandise shall be kept or stored
therein, and no place of amusement shall be maintained within said place or
building, or in connection therewith, and no sales shall be made between the
hours of sundown and sunrise; nor shall any wholesale business or sales be
conducted or made outside of the boundaries of any incorporated municipality
within this state.
§ 1829 1936 Supplement 70
(10) Working of Minors — Minimum Containers — Hours of Sale — Drink-
ing on Premises — Sale to Minors, Insane and Drunk Persons — Storeroom
— Sale on Interstate Trains — Dealers in Country Communities — Penalty.
— It shall be unlawful for any person under the age of twenty-one (21) years
to work as an employee or otherwise in a retail, wholesale, or manufacturing
liquor business, and any person under twenty-one (21) years of age working in
such and the person knowingly employing him shall be guilty of a misdemeanor
and punishable as hereinafter provided. It shall be unlawful for any retail
dealer to sell, offer for sale, barter, or exchange, or permit to be sold, bartered
or exchanged any alcoholic liquor in less quantities than one-half (Yz) pint, or
to own or keep in his possession any alcoholic liquor in separate packages con-
taining less than one-half (i/o) pint; nor shall he sell, barter, exchange or offer
for sale, barter, or exchange, or permit such alcoholic liquor to be sold, bartered,
or exchanged between the hours of sundown and sunrise, and he shall securely
close and lock every means of entrance to his place of business at sundown and
not open the same for business before sunrise ; nor shall he permit any alcoholic
liquor to be drunk on the premises; nor shall he sell, barter, or exchange, or
offer for sale, barter, or exchange, or permit to be sold, bartered, or exchanged
any alcoholic liquors to minors. If any person is found drinking alcoholic
liquor on said premises, it shall be prima facie evidence of the violation of this
section, and the person so found drinking on said premises shall be guilty of a
misdemeanor and, upon conviction, shall be punished by a fine of not less than
five ($5.00) dollars, nor more than one hundred ($100.00) dollars, or im-
prisoned for not more than thirty (30) days. No retail dealer shall knowingly
sell, offer for sale, barter, or exchange any alcoholic liquors to any person when
drunk or intoxicated, nor to a minor, nor to any insane person, and upon viola-
tion of any of these provisions, upon conviction, shall suffer the penalties here-
inafter provided. Every retailer hereunder shall maintain a separate store, of
a single room, with no means of ingress or egress save from the front, and no
other goods, wares or merchandise shall be kept or stored therein, nor sold
therefrom, and no place of amusement shall be maintained within said place,
or in connection therewith, and no sale shall be made between the hours of
sundown and sunrise : Provided, that any municipality may, by ordinance, re-
quire liquor stores located therein to be closed from 3 :00 p. m. Saturday to
sunrise Monday. Provided, further, that the restrictive provisions of this section
shall not apply to sales of alcoholic beverages by railroad or pullman companies
or interstate trains to passengers for consumption thereon, such sales being
hereby authorized and permitted. Provided, further, that the tax commission
ma}', in its discretion, after due investigation, license retail dealers in unin-
corporated towns and in country communities when, in the opinion of the tax
commission, it would be to the interest of such unincorporated town or com-
munity to have a licensed retailer therein: Provided, further, however, that the
tax commission shall not license a retail dealer in any locality unless and until
the tax commission is assured that such locality is under proper police protection.
(11) Purchase from Licensed Dealers Only — Possession of Unstamped
Containers Containing Alcoholic Liquor — Penalty. — It shall be unlawful
for any person to purchase, or otherwise procure, within this state airy alcoholic
liquor other than that purchased from licensed dealers within the state as pro-
vided for in this section, and any persons found in possession of any bottle or
other package containing alcoholic liquor without having affixed the revenue
stamps thereto, as required by this section, either or both, shall be guilty of a
71 Code of Laws of South Carolina § 1829
misdemeanor and, upon conviction, for the first offense shall be fined not less
than fifty ($50.00) dollars, nor more than two hundred ($200.00) dollars, or
imprisoned not less than fifteen (15) days nor more than thirty (30) days; and,
upon conviction for a second offense as provided in this subsection, shall be
punished by imprisonment for not less than thirty (30) days.
(12) Tax Commission Administer and Enforce Section. — The tax com-
mission shall administer and enforce the provisions of this section, that the
licenses and taxes shall be paid to the tax commission, and the tax commission,
any of its agents or representatives or any and all peace officers shall have the
power to enter upon the premises of any taxpayer hereunder and to examine, or
cause to be examined, all books, papers, records, memoranda, or commodities
bearing upon the amount of the license tax payable, and to secure other in-
formation directly or indirectly concerned in the enforcement of this section;
that all licenses and license taxes herein provided shall be held as a debt payable
to the state by the taxpayer against whom same shall be charged, and all such
licenses and license taxes shall be a first lien in all cases whatsoever upon all
property of the taxpayer charged therewith.
(13) Tax Commission Issue Rules and Regulations — Licensees Cooperate
— Penalty for Violation. — Any person subject to this license tax engaging in
or permitting such practices as are prohibited by the rules and regulations of
the tax commission, or any other practice which makes it difficult to enforce
the provisions of this section by inspection, or if any person who shall, upon
demand of any officer or agent of the tax commission, or of any peace officer,
refuse to allow full inspection of the premises, or any part thereof, or who shall
hinder, or in anywise delay or prevent such inspection when demand is made
therefor, shall be deemed guilty of a misdemeanor and, upon conviction, be fined
not more than two hundred ($200.00) dollars for each offense, or imprisoned
for a period not exceeding sixty (60) days, or both, in the discretion of the court:
Provided, that the tax commission is hereby authorized, empowered and directed
to promulgate rules and regulations, not inconsistent with the provisions of this
section, for the payment and collection of the licenses and taxes herein levied
and such rules and regulations shall have the force and effect of law. Provided,
further, that the tax commission is further authorized, empowered and directed
to promulgate rules and regulations for the disposition and sale to licensed
retailers or wholesalers of such alcoholic licpiors as may be lawfully in the hands
of said common carriers by reason of the rejection or refusal of shipments and
the restrictive provisions of this section shall not apply to such sales when made
in accordance with the said rules and regulations.
(14) Collection and Distribution of Funds Received from Licenses, Taxes
and Penalties from Bonds. — The licenses, taxes, and any sum derived from the
violation of any bond herein required shall be paid to the South Carolina tax
commission and the said commission shall pay same into the state treasury, as
now provided by law for the payment into the state treasury of other taxes. The
South Carolina tax commission shall distribute such funds as follows: Sixty
(60%) per cent shall be paid to the state treasurer for credit to the special
school account; twenty-five (25%) per cent shall be paid to the county in which
the licensee is conducting business, which percentage shall be based upon the
actual retail sales and the fees collected in said county, regardless of where the
stamps may be affixed to the containers; and fifteen (15%) per cent shall be
paid to the municipality in which the licensee is conducting business, which
percentage shall be based upon the actual retail sales and the fees collected in
§ 1829 1936 Supplement 72
said municipality, regardless of where the stamps may be affixed to the con-
tainers. All revenue derived under the provisions of this section from business
conducted outside of incorporated towns or cities shall be distributed as
follows: sixty (60%) per cent of such revenue shall be paid to the state
treasurer and credited to the special school account, and forty (40%) per cent
shall be paid to the county in which such business is conducted. In the event that
the tax commission shall be unable to determine exactly the municipality or
county which may be entitled to any particular revenue, then in such case the
revenue shall be turned into the state treasury to be used for schools as herein
provided. The distribution provided for in this subsection shall be made as of
July 1, and on the first of every alternate month thereafter, upon warrant
drawn by the tax commission upon the state treasurer, after the deductions as
provided for in this section.
(15) Manufacture, Store, Keep, Receive, Possess, Transport, Ship, Buy,
Sell, Barter or Exchange Alcoholic Liquors Except as Herein Provided
Unlawful.— It shall be unlawful for any person, firm, or corporation to
manufacture, store, keep, receive, have in possession, transport, ship, buy, sell,
barter or exchange any alcoholic liquors, except according to the provisions of
this section.
(16) Counterfeit or Use Stamps Second or More Times Unlawful —
Penalty. — Whoever counterfeits, removes, or otherwise prepares any adhesive
stamp with intent to use, or cause the same to be be used after it has already
been used, or knowingly or wilfully buys, sells, offers for sale, or gives away any
such counterfeit, used, washed, or restored stamp to any person for use, or
knowingly uses the same, or has in his possession any counterfeit stamp, or any
washed, restored, or altered stamp which has been removed from the article to
which it had been previously affixed, or whoever, for the purpose of indicating
the payment of any tax hereunder, reuses any stamp which has heretofore been
used for the purpose of paying any tax provided in this section, shall be guilty
of a misdemeanor and, upon conviction, shall be punished by a fine of not more
than one thousand ($1,000.00) dollars, or imprisoned for not more than five
(5) years, or both, in the discretion of the court; that all stamps described in
this section, whenever and wherever found, shall be seized, destroyed or retained
as evidence. That if any stamp attached to a bottle or other container to denote
the payment of a tax hereunder is found to be torn, or in any wise mutilated, or
if such stamp is found to be soiled, dirty, or faded, or if any foreign matter be
attached thereto other than the bottle, container or label on such bottle or con-
tainer, the same shall be prima facie evidence that such stamp has been used a
second time to denote payment of the tax.
(17) Alcoholic Liquors in Containers without Stamps Affixed thereto
Contrabrand — Disposition — Chattels Used Unlawfully in Transporting
Alcoholic Liquors — Disposition. — Any alcoholic liquors found in the posses-
sion of any one within this state not having affixed to the bottle or container the
stamps required in this section, as hereinabove provided, are hereby declared to
be contrabrand, and the same may be seized by the tax commission, or its agents
or employees, or by any peace officer without warrant, and the sheriff of the
county in which such seizure is made shall take possession of said alcoholic
liquors so seized for sale at public auction to the highest bidder, after due ad-
vertisement, but no sale shall be made to any person other than licensed manu-
facturers, wholesalers, or retail dealers licensed under the provisions of this
section, and the sheriff before delivery of any goods so seized to any purchaser shall
73 Code of Laws of South Carolina § 1829
require the purchaser to affix the proper amount of stamps to the individual
packages, as above denned. The proceeds of sale for any alcoholic liquors sold
hereunder shall be immediately turned over to the tax commission to be there-
after turned over to the state treasury, as other funds collected by said com-
mission : Provided, that the cost of confiscation and sale shall be paid out of the
proceeds derived from such sale before making remittance to the tax commis-
sion: Provided, further, that any chattel used primarily and with knowledge
of the owner in the transportation of alcoholic liquors in violation of the pro-
visions of this section, shall be subject to confiscation and sale in the same
manner as provided for unstamped alcoholic liquors, except that such chattel
may be sold to any person, and excepting further, that when such chattel has
been seized by municipal officers the proceeds of such sale shall be paid to such
municipality for its use. For the purpose of confiscating said vehicle and al-
coholic liquors above referred to, the sheriff shall proceed as nearly as may be
practicable under the provisions of subdivision (9) section 2527. Provided,
further, that no alcoholic liquors except such as may have been manufactured
by a licensed manufacturer, either within or without the state, or alcoholic
liquors of unquestioned purity and content, shall be sold at public auction as
herein provided, and that any other liquors which may be confiscated shall be
destroyed by the proper officers as now provided by law. Provided, further, that
no liquors so sold shall be delivered within a period of five days after such sale,
during which time the tax commission may, in its discretion, reject any bid and
order the liquors resold until a satisfactory bid is had.
(18) Penalties, when Not Otherwise Provided, for Unlawful Manu-
facture, Sale, Barter, Exchange, Etc., of Alcoholic Liquors.— The manu-
facture, sale, barter, or exchange, receipt or acceptance for unlawful use, de-
livery, storing and keeping in possession within this state of any alcoholic liquor
as herein defined, except as is provided in this section, is hereby prohibited
under penalty of not less than three (3) months nor more than two (2) years
at hard labor in the state penitentiary, or pay a fine of not less than one hundred
($100.00) dollars, nor more than five thousand ($5,000.00) dollars, or both fine
and imprisonment, in the discretion of the court, for each offense, except in
cases where other punishment is provided in this section.
(19) Expenses Deductible before Distribution of Receipts from Taxes. —
The cost of stamps, supplies, etc., and the administration of this section shall be
paid out of the proceeds derived from the collection of this tax, and before the
allocation provided for in subsection 14, upon warrants drawn by the tax com-
mission upon the state treasurer.
(20) Sale on Sundays and on Election Days Prohibited— Governor Pro-
hibit Sale on Other Days.— No alcoholic beverages as herein defined shall be
sold on Sundays nor on election days. The governor in addition to other powers
in him now reposed, is hereby vested with authority to prevent the sale of
alcoholic liquors on legal holidays or during periods of local or state emergency,
as he may order by proclamation in the interest of law and order or public
morals and decorum.
(21) Appropriation for Enforcement by State Constabulary — Appoint-
ment, Pay, Removal, Etc., of Constables.— From the revenue collected under
the terms of this section, and before the allocation provided for in subsection
14, the sum of sixty thousand ($60,000.00) dollars, if so much be necessary, is
hereby appropriated annually to be used by the Governor in enforcing this law,
other than the provisions which are to be enforced by the tax commission, and
§ 1829 1936 Supplement 74
any and all other laws, by means of a state constabulary — the personnel, equip-
ment and compensation of which shall be fixed by the governor — which said sum
shall defray all expenses of said state constabulary. The said monies shall be
deposited with the state treasurer as soon as available as the Governor's law
enforcement fund, to be paid out on vouchers drawn by him. The Governor is
hereby authorized and empowered to determine the number of men to be ap-
pointed as state constables, the compensation of the various constables, the
qualifications for the position, and the equipment to be used by the constables,
►Said constables shall work under the direction of the Governor, shall hold office
at his pleasure, and shall be subject to discharge by the Governor with or
without cause, with full power in the Governor to fill all vacancies.
(22) Violation a Misdemeanor — Penalty. — Any violation of any of the
provisions of this section shall be deemed a misdemeanor, and where no penalty
has heretofore been imposed, upon conviction, the same shall be punishable by
fine or imprisonment in the discretion of the court.
(23) Distribution of Fines. — In all prosecutions for violation of the pro-
visions of this section, where municipal officers are solely responsible for dis-
covering the violation or producing the witnesses or the evidence upon which a
conviction is had, the fines collected in such cases shall be equally divided
between the county and such municipality. The municipality's portion shall be
paid upon voucher issued by the governing board of the county after approval
of a claim duly filed, setting forth the case and the witnesses produced.
(24) Additional Compensation for Certain Officials of Tax Commission.
— In compensation for the additional duties placed upon officials of the tax
commission for the administration of this section, the General Assembly shall
make provisions in the general appropriation act for such increase in salary as
it deems fit, and the same shall be paid as administrative cost from the revenues
arising hereunder.
(25) Advertise Alcoholic Liquors on Billboards on Public Highways
and Streets Unlawful. — It shall be unlawful for any person, firm, or corpora-
tion to advertise any alcoholic liquors by means of billboards along public
highways and streets.
(26) Complementary to Beer, Wine, Etc., Laws. — This section is hereby
declared to be complementary to and not in conflict with the laws providing for
the legal sale of beers, wines, and other vinous, fermented, or malt liquors.
(27) Possess Firearm During Unlawful Manufacture, Transportation
or Sale a Misdemeanor. — If any person shall unlawfully manufacture, trans-
port or sell any alcoholic beverages, as herein defined, and at the time of such
unlawful manufacturing, transporting, or selling, or aiding or assisting in any
manner in such act, shall carry on or about his person, or have on or in any
vehicle which he may be using to aid him in any such purpose, or have in his
possession — actual or constructive — any firearm or any weapon of like kind,
he shall be guilty of a misdemeanor, and upon conviction, shall be confined in
the penitentiary not less than one year nor more than three years.
(28) Department of Agriculture and Commerce Accept Alcoholic
Liquors for Storage without Stamps Affixed thereto — Penalty for Re-
moval without Affixing Stamps — Administrative Costs. — The state depart-
ment of agriculture and commerce may accept for storage and warehousing any
alcoholic liquors as defined in this section in the same manner as cotton or other
agricultural products are stored, and in addition to all applicable laws relating
to warehousing of cotton, the said state department of agriculture and com-
75 Code of Laws of South Carolina § 1829
merce may make such rules and regulations, not inconsistent with this section
nor with the statutes defining the duties of that office, that alcoholic liquors
may be stored in such suitable warehouse as may be determined by said de-
partment, without having affixed thereto the revenue tax stamps provided
for under this section, but when any alcoholic liquor is to be removed from a
warehouse, the owner of said alcoholic liquor shall affix the revenue tax stamps
provided for in this section before the removal thereof. Any person removing
any alcoholic liquor from such warehouse without having first affixed thereto
the tax stamps required under this section shall be guilty of a misdemeanor and,
upon conviction, shall be fined not less than one thousand ($1,000.00) dollars
or imprisoned for not less than one (1) year, either or both, in the discretion of
the court. The commissioner of agriculture and commerce is hereby authorized
and empowered to pay from the fees collected by him from the storage and
warehousing of intoxicating liquors the administrative costs incurred by him
in the performance of his official duties as to such storing and warehousing, and
this being done the balance remaining in his hands shall be paid to the state
treasurer.
(29) Take Sample from Retailer — Label — Analyze. — The state con-
stabulary and all other peace officers are hereby empowered, when and as directed
by the Governor, to take samples of all beers, ales, porters, wines, and similar
malt and fermented beverages, from any and all retailers thereof, for the purpose
of ascertaining by analysis the alcoholic content. The sample so taken shall be
the smallest bottle or container of any particular brand of which a sample is
taken. In case a sample is taken from bulk beverages, the sample shall not
exceed one pint. The samples shall immediately upon being taken have affixed to
them a label giving the date, place, and name of the retailer from whom taken,
together with the name of the officer taking the same, and shall be forthwith
transmitted with the original seal unbroken to the state chemist. The state
chemist shall furnish a report of his analysis of all samples to the Governor, with
a duplicate to the retailer from whom the sample was taken. In the event the
alcoholic content is found in excess of that allowed by law in beverages of this
kind the chemist shall transmit to the Governor with his report of the analysis
the residue of the sample taken, to be preserved and used as evidence.
(30) Putting in Commerce Misbranded Distilled Spirits Unlawful. — It
shall be unlawful for any person, firm, or corporation to sell or otherwise in-
troduce into commerce any distilled spirits that are misbranded. Distilled spirits
shall be deemed to be misbranded if they are misbranded within the meaning
of the federal food and drugs act.
(31) Saving Clause — Captions. — If any clause, sentence, paragraph, or part
of this section shall, for any reason, be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate
the remainder of this section, but shall be confined in its operation to the clause,
sentence, paragraph, or part thereof directly involved in the controversy in
which such judgment shall have been rendered. No caption of any subsection, or
set of subsections, shall in any way affect the interpretation of this section or any
part thereof.
(32) Pay State's Portion of Alcoholic Liquor and Beer and Wine
Revenue into Special School Account Each Month. — The state's portion
of all revenue derived from the sale of alcoholic liquors and of beer and wine
as defined in the acts legalizing the manufacure and sale thereof shall be paid
to the state treasurer for credit to the special school account on the last day of
§ 1829 1936 Supplement 76
each month. The South Carolina tax commission is hereby authorized and
directed to transfer to the special school account from any unallocated funds
on hand on the last day of each month the state's portion of such revenue. 1935
(39) 325, 1211; 1936 (39) 1624, 1308, 1351, 1456, 1780, 1556.
Section 1829, 1932 Code, repealed by ute prohibiting municipalities from impos-
1935/325. The section number is retained ing any tax except property with reference
for convenience. to the sale of whisky by a wholesaler or
Subsection 5 hereof amended by 1936/ retailer. Southern Liquor Distributors v.
1556, 1308. Subsection 6 amended by 1936/ Daniel, 179 S. C, 219 ; 183 S. E., 765.
17S0. Subsection 13 amended by 1936/1351. When defendant violated provisions of
Subsection 28 amended by 1936/1456. Sub- this statute, by having in his possession
section 32 added by 1936/1624. contraband liquor, the offense was com-
For law providing for sale of beer, ale, plete, regardless of motive or intent. State
malts, etc., see Section 2557-1. v. Manos, 179 S. C, 45 ; 183 S. E., 5S2.
Disposition of revenue received from Application for a liquor license or its is-
beer, wine and alcoholic beverages: suance to one charged with unlawful pos-
Charleston County, 1935/374 ; Cherokee session of contraband liquors would have
County, 1933/439; Jasper County, 1933/ nothing to do with his admitted violation
426 ; Kershaw County, 1933/511 ; McCor- of the law. and was no defense to the
mick County, 1933/439 ; Williamsburg charge made. State v. Manos, 179 S. C, 45 ;
County, 1933/581 ; York County, 1933/439 ; 183 S. E., 582.
city of Spartanburg, 1935/354. Because the commission issued him a
This section repealed all sections of pre- license to sell liquor after he was arrested,
existing prohibition law under which eon- does not show that he was a fit person for
viction for possession and transportation the business and should be excused for hav-
of liquor could be supported. State v. Spen- ing in his possession contraband liquor,
cer, 177 S. C, 346 ; 181 S. E., 217. State v. Manos, 179 S. C, 45 ; 183 S. E.,
Ordinances imposing license fees for de- 582.
livery by wholesalers of their whiskies in Since stamps could not be furnished until
their own trucks void, since delivery part the commission had had reasonable time to
of business of selling whiskies which stat- obtain them the state is not estopped to
ute prohibited municipalities from taxing. prosecute defendant because it failed to
Southern Liquor Distributors v. Daniel, furnish him stamps on application therefor.
179 S. C, 219 ; 183 S. E., 765. State v. Manos, 179 S. C, 45 ; 1S3 S. E., 582.
Municipalities are strictly bound by stat-
§ 1831. Sales by retail druggists.
Section 1829 in this Supplement should 1831, 1932 Code,
be consulted in construing this section,
§ 1834, Sell alcohol for use in arts or scientific and mechanical 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 quanti- only" at end of this section eliminated by
ties, not greater than one-half gallon, wine 1935/325.
used for sacramental or religious purposes
§ 1836. Wine for sacramental purposes. — Repealed by 1935 Acts, page 325.
§ 1846. Violators of liquor laws to be imprisoned at hard labor. — Repealed
by 1935 Acts, page 325.
§ 1847. Magistrates' courts have concurrent jurisdiction in certain pro-
hibition cases where amount is not over one quart. — Repealed by 1935 Acts,
page 325.
§ 1849. Not to affect punishment under former law. — Repealed by 1935
Acts, page 325.
§ 1850. Liquors on arrival in the state to be subject to its laws. — Repealed
by 1935 Acts, pa<je 325.
§ 1851. Unlawful soliciting of sales a misdemeanor. — Repealed by 1935
Acts, page 325.
77 Code of Laws of South Carolina § 1897
§ 1852. Soliciting orders for liquor a misdemeanor. — Repealed by 1935
Acts, page 325.
§ 1857. Penalty for handling liquor in the nighttime. — Repealed by 1935
Acts, page 325.
§ 1858. Transportation or possession of falsely branded packages. — Re-
pealed by 1935 Acts, page 325.
§ 1860. Unlawful liquors may be seized. — Repealed by 1935 Acts, page 325.
§ 1864. Debt contracted for transporting or selling illicit liquors void. —
Any obligation, note of indebtedness, contracted in the sale or transportation of
illicit liquors, 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. 1935
(39) 325.
The first portion of this section was eliminated by 1935/325.
§ 1872. Receipt, delivery, storing, keeping, possession, shipment or trans-
portation of alcoholic liquors in state unlawful except as herein provided. — "
Repealed by 1935 Acts, page 325.
§ 1873. Who may receive liquor. — Repealed by 1935 Acts, page 325.
§ 1874. Deliveries in nighttime unlawful. — Repealed by 1935 Acts, page 325.
§ 1875. Record of delivery to be kept. — Repealed by 1935 Acts, page 325.
§ 1876. Inspection of records. — Repealed by 1935 Acts, page 325.
§ 1877. Officers may inspect or seize shipments. — Repealed by 1935 Acts,
page 325.
§ 1878. Packages to be marked. — Repealed by 1935 Acts, page 325.
§ 1879. Where offense committed. — Repealed by 1935 Acts, page 325.
§ 1880. Shipments to be received only at office of carrier. — Repealed by
1935 Acts, page 325.
§ 1881. Affidavit and application for importation. — Repealed by 1935 Acts,
page 325.
§ 1882. No delivery without permit. — Repealed by 1935 Acts, page 325.
§ 1883. False permits constitute forgery. — Repealed by 1935 Acts, page 325.
§ 1884. Punishment for illegal transportation. — Repealed by 1935 Acts,
page 325.
§ 1886. Storage of unusual amount evidence of violation. — Repealed by
1935 Acts, page 325.
§ 1887. Unlawful to deliver shipments to certain persons. — Repealed by
1935 Acts, page 325.
§ 1888. Where record of delivery to be kept. — Repealed by 1935 Acts, page
325.
§ 1889. Penalty for violation. — Repealed by 1935 Acts, page 325.
§ 1890. Sentence for violation of prohibition laws. — Repealed by 1935 Acts,
page 325.
§ 1891. "Alcoholic Liquors" denned. — Repealed by 1935 Acts, page 325.
§ 1892. Sections not to alter existing law as to shipments for certain
pharmaceutical, medical and scientific purposes. — Repealed by 1935 Acts, page
325.
§ 1894. Manufacture and sale of ethyl or methyl alcohol not affected. — Re-
pealed by 1935 Acts, page 325.
§ 1895. Manufacture of wine regulated. — Repealed by 1935 Acts, page 325.
§ 1896. False statements a violation. — Repealed by 1935 Acts, page 325.
§ 1897. Punishment of common carriers for violation hereof. — Repealed by
1935 Acts, page 325.
§ 1898 1936 Supplement 78
§ 1898. Forfeiture of vehicles used in illegal transportation of alcoholic
liquors. — Repealed by 1935 Acts, page 325.
§ 1899. Disposition of articles seized by officers in enforcement of the
prohibition law. — Repealed by 1935 Acts, page 325.
§ 1900. Destruction of liquor seized by sheriff's office in Chester County. —
Repealed by 1935 Acts, page 325.
§ 1901. Sale, barter or exchange of any receipe, formula or distilling ap-
paratus for making intoxicating beverages prohibited. — Repealed by 1935 Acts,
page 325.
§ 1902. Unlawful to advertise alcoholic liquor or beverage or solicit orders
therefor. — Repealed by 1935 Acts, page 325.
§ 1905. Smoke screen attachments in or on motor vehicles unlawful.
See this section in 1934 Supplement.
§ 1908-1. Beverages of not more than 5% alcohol by volume.
See § 2557-1 this supplement.
§ 1938. Sheriff have custody of jail, etc.
See this section in 1934 Supplement.
§ 1956. Physician for Charleston County jail. — A physician for the pris-
oners confined in the jail in Charleston Count}' shall be appointed by the sheriff
of Charleston County upon the recommendation in writing of the Senator and
a majority of the House members for Charleston County, his attendance to
commence on the date of his appointment and to continue for a period of one
year, and until another appointment shall have been made in the manner afore-
said. He shall receive as his compensation such amount as shall be annually ap-
propriated therefor in the appropriation act 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. 1935 (39) 94.
1935/94 changed the method of appointment of the physician, and his compensation.
§ 1961. Who to be confined in penitentiary. — * * * Provided, that the
superintendent of the state penitentiary is authorized and directed to admit and
detain in the state penitentiary for safe-keeping any prisoners so tendered by
any law enforcement officer in this state by commitment duly authorized by the
governor. And no person or persons so committed and detained shall have a
right or cause of action against the state or any of its officers or servants by
reason of having been committed and detained in said penitentiary as aforesaid :
Provided, hoivever, A warrant in due form for the arrest of any person so com-
mitted shall be issued within forty-eight hours after such commitment and
detention. 1935 (39) 476.
See Section 1039-1 for time suspended sentence to run. Above proviso added by 1935/476.
§ 1962. Directors of state penitentiary — powers. — * * * (10) Operate
Manufacturing Plants of State Penitentiary as State Enterprises. — In the
event that any manufacturing and selling contract shall be abrogated by the
manufacturer, or, in the event the board of directors of the South Carolina
penitentiary may deem it more profitable to operate any such industry as a
state owned and operated enterprise, the said board of directors of the South
Carolina penitentiary are hereby authorized and empowered to conclude all
agreements with any or all such manufacturers and to operate such plants and
equipment as and for the state of South Carolina. In connection with the opera-
tion of such manufacturing plants, the board of directors of the South Carolina
penitentiary are authorized to purchase materials entering into the manufacture
of the products thereof, and to incur such other costs and expense as may be
involved in the manufacture of such products. The board of directors is further
79 Code of Laws of South Carolina § 2070-1
authorized and empowered to provide for the sale of such products in any
manner that may be deemed advisable by the said board of directors, either
through selling representatives or by contracts with selling agencies. The board
of directors are hereby authorized to use a sufficient amount of the appropriation
and other current revenue of the South Carolina penitentiary for the purpose
of carrying out the provisions of this subsection and all revenue received from
the operation of such manufacturing plant shall be deposited in the state
treasury to the credit of the appropriation account of the South Carolina
penitentiary. 1936 (39) 1528.
Subsection 10 added by 1936/1528.
§ 1978-1. State Penitentiary permit use of convicts upon state highways
or other public projects.
See this section in 1934 Supplement.
§ 1985. Governor may suspend sentence or parole prisoner.
See Section 1039-1 for time suspended sentence to run.
§ 2026. Management.
See this section in 1934 Supplement.
§ 2052. Apportionment of representatives.
See this section in 1934 Supplement. in event of vacancy in legislative delega-
See section 3955-1 this Supplement, for tion, Allendale County,
duties and powers of remaining member
§ 2054. Compensation of members.
See notes under article 3, section 19, state constitution.
§ 2058. Officers and employees of each house. — There shall be appointed at
the commencement of the first session of every term of the General Assembly
for the Senate, by the clerk of the Senate, the following clerks and attaches : An
assistant clerk, a second assistant clerk ; a general desk clerk ; a file clerk, a bill
clerk and a journal clerk; by the presiding officer of the Senate, a clerk to the
committee on judiciary ; a clerk to the committee on finance ; three doorkeepers ;
two laborers; one porter; a keeper of the president's room; two pages; one mail
carrier ; and no others. In the House, by the speaker of the House of Representa-
tives : A clerk to committee on ways and means, a clerk to judiciary committee ;
three doorkeepers; four pages; three laborers; one keeper of speaker's room;
two porters; one mail carrier; and no others. The clerk of the House of Repre-
sentatives shall appoint an assistant clerk, a journal clerk, one oill clerk and a
general desk clerk, and no others. 1935 (39) 461.
1935/461 added the last sentence to this nal clerk, and bill clerk. Tbe semi-colon
section. Theretofore the speaker of the after assistant clerk, line 4, changed to
House appointed the assistant clerk, jour- comma.
§ 2070-1. Lobbyists and lobbying. — (1) Registration. — Every person,
corporation or association which employs any persons to act as counsel or agent
to promote or oppose in any manner, the passage by the general assembly of
any legislation affecting the pecuniary interest of any individual, association or
corporation as distinct from those of the whole people of the state, or to act in
any manner as legislative counsel or agent in connection with any such legisla-
tion, shall, within one week after the date of such employment, cause the name
of the person so employed, to be entered upon a legislative docket as herein-
after provided. It shall also be the duty of the person so employed to enter or
cause to be entered his name upon such docket. Upon the termination of such
employment such fact may be entered opposite the name of any person so
employed either by the employer or employee.
(2) Legislative Docket for. — The secretary of state shall prepare and keep
the legislative docket for the uses provided in this section. In such docket shall
§ 2070-1 1936 Supplement 80
be entered, the name, occupation or business and business address of the em-
ployer, the name, residence and occupation of the person employed, the date of
employment or agreement therefor, the length of time that the employment is
to continue, if such time can be determined, and the subject or subjects of
legislation to which the employment relates. Such docket shall be a public
record and open to the inspection of any citizen at any time during the regular
business hours of the office of the secretary of state.
(3) Not Employ Lobbyists on Contingency. — No person shall be employed
as a legislative counsel or agent for a compensation dependent in any manner,
upon the passage or defeat of any proposed legislation or upon any other con-
tingency connected with the action of the general assembly, or of either branch
thereof, or any committee thereof.
(4) File Written Authorization of Employment. — Legislative counsel and
agents required to have their names entered upon the legislative docket shall
file with the secretary of state within ten days after the date of making such
entry a written authorization to act as such, signed by the person or corporation
employing them.
(5) File List of Expenses Incurred. — Within thirty days after the final
adjournment of the general assembly every person, corporation or association,
whose name appears upon the legislative docket of the session, shall file with
the secretary of state a complete and detailed statement sworn to before a notary
public or justice of the peace by the person making the same, or in the case of a
corporation by its president or treasurer, of all the expenses paid or incurred
by such person, corporation or association, in connection with promoting or
opposing in any manner the passage by the general assembly of any legislation
coming within the terms of this section. Such statements shall be in such form
as shall be prescribed b}^ the secretary of state and shall be open to public
inspection.
(6) -Persons Applicable. — The provisions of this section shall not apply to
the citizens or officials of any county or municipality, but shall apply to the
executive officers and any member of their legal staff, whether of general or
local counsel of all other corporations who undertake, in such capacity, to per-
form services as legislative counsel or agent for such corporation, regardless of
whether they receive additional compensation for such services.
(7) Penalty. — Any legislative counsel or agent, and any employer of such
legislative counsel or agent, violating any provisions of this section, shall be
guilty of a misdemeanor and upon conviction, shall be fined not less than
twenty-five nor more than one hundred dollars, or imprisoned not exceeding
thirty days, within the discretion of the court. 1935 (39) 3.
This section added by 1935/3.
§ 2081-1. Supply bill of county for preceding year effective if no supply bill
enacted.
See this section 1934 Supplement. County. 1936/1380.
When no supply bill enacted, supply bill 1936 supply bill effective when no supply
of previous year effective, Darlington bill enacted, Jasper County. 1936/1478.
§ 2090. Public printing regulated.
See this section in 1934 Supplement. joint committee on printing to approve
1935/83 should be consulted in connec- all state printing,
tion with this section as it provides for
§ 2096. Reports by departments and institutions to General Assembly.
See this section in 1934 Supplement.
§ 2099. Printing of acts and joint resolutions.
See this section in 1934 Supplement.
81 Code of Laws of South Carolina § 2167
§ 2104. Compilation of acts and joint resolutions. — Repealed by 1934 Acts,
page 1329.
§ 2109. How distribute acts and resolutions. — * * * (19) Library of Con-
gress, eight Copies.
(37) The state librarian is hereby authorized and directed to include the
College of Charleston among the institutions of the state to which copies of the
acts and joint resolutions of the General Assembly legislative journals and
reports of state officers are directed to be sent annually. 1936 (39) 1317.
(38) The state librarian is hereby authorized to furnish, upon request, copies
of Acts and Joint Resolutions and the permanent journals of the General As-
sembly, to any recognized college or university in this state. 1936 (39) 1548.
Subdivision 37 added by 1936/1317. Sub- 1936/1350 Library of Congress received
division 38 added by 1936/1548. By eight copies of acts instead of two copies.
§ 2111. Code commissioner — election — term — vacancy.
See this section in 1934 Supplement.
§ 2112. Duties of code commissioner.
See this section in 1934 Supplement.
§ 2114. Printing and publication of statutes.
See this section in 1934 Supplement.
§ 2118-1. Supplements may be sold — use of proceeds.
See this section in 1934 Supplement.
§ 2118-2. Distribution of the 1932 code and supplements.
See this section in 1934 Supplement.
§ 2118-3. Duty of officers receiving code and supplements.
See this section in 1934 Supplement.
§ 2123. Abstract of corporations.
See this section in 1934 Supplement.
§ 2135-1. Transmit annually to Library of Congress certain publications. —
The officials charged with the distribution shall annually forward by mail or
otherwise, as they may deem expedient, the following number of such publica-
tions to the Library of Congress, Washington, D. C, to wit :
Eight copies of the reports of the Supreme Court.
Two copies of the journals and reports of the General Assembly.
Eight copies of the Acts and Joint Resolutions.
Eight sets of the 1932 Code of Laws.
These provisions are made in recognition of benefits received through receipt at
depository libraries and elsewhere in the state of South Carolina of public
documents of the United States under the provisions of federal laws. 1936 (39)
1350.
This section added by 1936/1350.
§ 2146-1. Sinking fund commission cooperate in the handling of finances
of sub-divisions of the state.
See this section in 1934 Supplement.
§ 2167. Personnel of forfeited land commission. — * * * (1) Provided,
that in Florence County there shall be appointed one (1) person to be known as
forfeited land commissioner, such appointment to be made by the Governor upon
the recommendation of a majority of the legislative delegation, whose duty it
shall be to take charge of forfeited lands, sell same, receive deed for such land
and make deed for the purchaser, and when same is sold and deed received,
shall receive five ($5.00) dollars for each such deed, said commissioner to hold
for a term of four (4) years unless sooner removed for cause.
§ 2167 1936 Supplement 82
(2) Provided, further, that in Anderson county the board of finance of said
county shall be the forfeited land commission of said county. That said com-
mission is hereby authorized and empowered, in its discretion, to sell, rent or
lease any of the property in its possession and upon such prices, terms and con-
ditions deemed by it to be wise and expedient. The said commission is authorized
and empowered, in its discretion, to employ some competent person to look after
the selling and leasing of its lands and tenements and shall require such person
to give such bond for the faithful performance of his duties as it deems advisable ;
that the person so employed shall be paid for his services such sum or sums of
monej' as the commission deems advisable; Provided, further, that such sum
shall not exceed five (5%) per cent, of the gross sale price of the real estate of
which he may have consummated the sale and twenty-five (25%) per cent, on
all amounts collected on leases and rentals. That said powers and duties of said
commission herein in this proviso set out are cumulative to other powers and
duties of said commission under the general laws of this state. 1936 (39) 1627.
(3) Provided, that all conveyances of land sold by the forfeited land com-
mission of Marion County shall be approved in writing by the board of county
commissioners of said county. 1936 (39) 1305.
Proviso above in italics relating to Colleton County employ agent to sell
Florence County eliminated from this sec- its real estate, 1935/290.
tion by 1936/1334. Sale and conveyance of real estate by
Subsection 2 hereof added by 1936/1627. Florence County forfeited land commis-
Subsection 3 added by 1936/1305. sioner, bond and removal of said corn-
See this section in 1934 Supplement for missioner, 1934/1580.
subsection providing for forfeited land See 1932/1199, which provides for for-
commission in Darlington County. feited land commission of Calhoun County
Sale and rental of property acquired by to borrow,
forfeited land commission: Allendale Repurchase real estate sold for taxes to
County, 1935/41 ; Beaufort County, 1935/ forfeited land commission in Colleton
395 ; Colleton County, 1935/290 ; Darlington County in installments. 1933/532.
County, 1936/1543 ; McCormick County, Dorchester County forfeited land com-
1936/1479 ; Sumter County, 1934/1313, mission, see 1936/1545, 1755.
1936/1331. See section 2170 also.
§ 2168. Duties.—* * * (a) Provided, That in Chester County the
forfeited land commission is authorized and empowered in its discretion to
employ some competent and suitable person, to keep the books and records of
the said commission, look after the selling, leasing and renting of its property
and collect the purchase price of sales, and rents, and account for same when
and as required by the commission, and look after the repairs and improve-
ment of its property that may be necessarj-; and for such services pay such
commission as the commission may deem reasonable, but no commission shall
be paid on the proceeds of sale of any property which may be sold for or less
than the amount taxes due at the time when sale for taxes was made. 1934
(38) 1366.
Proviso added by 1934/1366. Forfeited and sale of lands forfeited for taxes,
land commission pay expenses of purchase Chester County, 1936/140S.
§ 2170. Sales — proceeds — titles. — All lands deeded to the forfeited land
commission of any county shall be held by them as assets of the county and
state, and sold to the best interest of the county and state, the proceeds of such
sales to be turned over by said forfeited land commission to the county treas-
urer of their respective counties. And the county treasurer shall, at the close
of his fiscal year, divide such funds, after deducting the expense as warrants
drawn on him by the forfeited land commission of his county, between the county
and state in proportion to their respective interests, the county's part to be
placed in the general county fund, and the state's part to be turned over to
83 Code of Laws of South Carolina § 2180
the sinking fund commission to be applied to reduction of the state debt :
Provided, That if any tract of land is sold for less than the taxes and penalties
due thereon that in such case the proceeds of such sale shall be divided between
the state and county in the proportion of the amount of taxes and penalties due
each of them. All deeds for lands sold under the authority of this section
shall be made by the forfeited land commission of the county holding title
thereto, or by a majority of the members thereof, Provided, that all conveyances
heretofore made to and by the several forfeited land commissions, or by a
majority of the members thereof, are hereby declared valid and of full force
and effect; and to have been made in accordance with the provisions of this
amendment. Provided, further, that the forfeited land commission of any county,
or a majority of the members thereof, may require the sheriff or other officer
authorized by law to execute a deed to any land which may be bid in by the
county auditor, to convey the said land to any purchaser to whom the same may
be sold by such forfeited land commission, or a majority of the members thereof,
after the said land has been bid in by the county auditor, and before the same
has been conveyed to the said forfeited land commission. Provided, that all
conveyances of real property heretofore made by the sheriff or other officer au-
thorized by law to execute such conveyances pursuant to authority and direction
of any forfeited land commission or of a majority of the members thereof, are
hereby declared valid and effectual to convey title according to their respective
terms, notwithstanding that the same may have been made by the sheriff or
other officer pursuant to authority or direction of only a majority of the mem-
bers of any such commission. Provided, that all conveyances of land sold by the
forfeited land commission of Marion County shall be approved in writing by the
board of county commissioners of said county. 1936 (39) 1575, 1349.
See notes to § 2167, 1934 Supplement.
§ 2170-1. Counties may sue to bar claims to property at tax sales.
See this section in 1934 Supplement.
§ 2170-2. Owner of land sold for taxes and bid in by forfeited land com-,
mission may sell portion thereof on consent of commission.
See this section in 1934 Supplement.
§ 2171. Fees of sheriff.
See this section in 1934 Supplement.
§ 2174. Forfeited land commission in Clarendon County.
See this section in 1934 Supplement.
§ 2175. Forfeited land commission of Greenwood County.
See this section in 1934 Supplement.
§ 2176. Forfeited land commission of Richland County.
See this section in 1934 Supplement.
§ 2177. Forfeited land commission, Sumter County. — (1) Duties. —
* * * Provided, however, That the said forfeited land commission may sell
Any lands owned by it at such price, and upon such terms, as to said forfeited
land commission shall deem for the best interest of the county of Sumter.
1934 (38) 1313.
The above proviso added to this subsec- Disposition of proceeds from sale of land
tion and the last proviso to this subsection by Sumter County forfeited land commis-
omitted by 1934/1333. sion, 1936/1331.
§ 2180. Sinking fund commission insure state public buildings and state
supported institutions. — All insurance on public buildings and on the contents
thereof of the state of South Carolina and of all institutions supported in whole,
or in part, by the state of South Carolina, shall be carried by the sinking fund
§ 2180 1936 Supplement 84
commission : Provided, that no insurance shall be carried on the state house.
1936 (39) 1668.
Sections 2180-2195, 1932 Code, repealed come from said act.
by 1936/1668. Present sections 2180-2195
§ 2181. Sinking fund commission insure public buildings of the counties. —
All insurance on public buildings and the contents thereof of the several counties
of the state of South Carolina shall be carried by the sinking fund commission.
1936 (39) 1668.
§ 2182. Insurance of school buildings. — All insurance of public school build-
ings and on the contents thereof, whether such buildings are held and operated
under the general school laws or law applicable to special school districts only,
shall be carried by the sinking fund commission, and the sinking fund commis-
sion is hereby required to insure all public school houses and public school build-
ings against loss or damage by and from windstorms without additional charge
for premium therefor, provided, that should any existing school building or any
school building hereafter to be constructed be abandoned for use for school
purposes, the sinking fund commission is hereby authorized and empowered to
cancel or reduce all insurance carried by them on such abandoned school build-
ings and their contents, and the sinking fund commission shall not be required
to renew existing insurance or write any insurance on any such building and
its contents, the use of which for school purposes has been discontinued : Pro-
vided, that before the cancellatibn or reduction of any insurance the secretary
of the sinking fund commission shall give notice to the proper authorities that
such cancellation or reduction is to be made at least ten days prior to cancella-
tion. The sinking fund commission is hereby authorized and empowered to
cancel any policy of insurance on any public building when in their judgment,
because of dilapidation and depreciation such public building is no longer an
insurable risk; provided, that before cancellation the secretary of the sinking
fund commission shall give notice to the proper authorities that such cancella-
tion or reduction is to be made at least ten (10) days prior to cancellation. 1936
(39) 1668.
§ 2183. Officials in charge of such buildings insure. — The proper officer,
official or officials, or trustees having by law the care and custody of state and
county buildings and of public school buildings shall insure such buildings
under the provisions herein set forth. 1936 (39) 1668.
§ 2184. Premium rate. — All insurance carried by the sinking fund com-
mission as provided for in §§ 2180-2195 shall be carried at a premium rate to
be determined by the sinking fund commission, not in excess of the rate which,
in the opinion of said commission, would be charged by reliable old line insurance
companies for carrying this insurance. 1936 (39) 1668.
§ 2185. Payment of premiums. — The premium on all policies of insurance
issued by the sinking fund commission shall be paid by the officer, official or
trustee having the property insured under their care and custody, upon demand
of the sinking fund commission, and in the event that there be no funds on hand
with which to make said payment when demand is made then payment shall be
made out of the first funds available for such institution, county, or school dis-
trict, and until paid the premium due the sinking fund commission shall be
preferred claim : Provided, that the sinking fund commission may charge in-
terest at the rate of five (5) per cent per annum on all amounts due and unpaid
as premium on policies issued. 1936 (39) 1668.
85 Code of Laws of South Carolina § 2189
§ 2186. Reinsure. — The sinking fund commission may reinsure upon terms
which the commission may deem most advantageous in reliable insurance com-
pany or companies, such portion of their insurance liability as is commensurate
with the principle of safe underwriting, and shall from time to time, prescribe
such rules and regulations as may be necessary in placing and handling this
reinsurance. 1936 (39) 1668.
§ 2187. Use of funds — insurance sinking fund — reduce premiums. — All funds
paid over to the sinking fund commission as premiums on policies of insurance, and
all money received from interest on loans and deposits, and from any other
source connected with the insurance of public property, provided for herein,
shall be held by the sinking fund commission as an insurance sinking fund, for
the purpose of paying all fire and windstorm losses for which they are liable,
and the expenses necessary to the proper conduct of said insurance of public
property by the sinking fund commission, and shall be invested by them as are
other funds in their hands. Provided, that when the insurance sinking fund,
herein provided for, reaches the sum of five (5%) per cent of the total insurance
in force, then annually thereafter the sinking fund commission shall pro-
portionately decrease the premium of insurance to an amount which will be
sufficient to maintain the insurance fund at five (5%) per cent of the total
insurance in force : Provided, that if in their judgment the income from the in-
vestment of the insurance sinking fund is sufficient to maintain the insurance
fund at five (5%) per cent of the total insurance in force, no premium shall
be charged for the ensuing year. Provided further, that no building or prop-
erty at present insured, or that shall be insured hereafter by the sinking fund
commission shall cease to pay premiums until five (5) annual payments shall
have been paid even though such payments increase the insurance sinking fund,
herein provided for beyond the sum equal to five (5%) per cent of the total
insurance in force. 1936 (39) 1668.
§ 2188. How insurance effected. — The sinking fund commission shall notify
the officers, officials or trustees having the care and custody of the buildings
insured under the provisions of §§ 2180-2195, in writing, in advance of the ex-
piration of policies of insurance on such buildings, and the officer, official or
trustee so served with written notice shall immediately make application to the
sinking fund commission for the renewal of said insurance and shall forward,
with their application, the amount of premium due the sinking fund commission,
on the insurance applied for : Provided, that in the event no funds are available
with which to pay the premium at the time application is made, the officer,
official or trustee making application shall so state and the amount, with interest,
shall be paid by them out of the first funds available, as provided in section 2185.
1936 (39) 1668.
§ 2189. Certain officials furnish information. — The state superintendent of
education and the county superintendent of education of the several counties
of the state shall furnish to the sinking fund commission, on request, a complete
list, showing the location of each and every school building in their county, the
number of the school district in which such buildings are located and the names
and addresses of the trustees having the buildings in charge.
All officers, officials and trustees having the care and custody of the buildings
insured under the terms of §§ 2180-2195 shall furnish to the sinking fund
commission, on request, full information in regard to the character of construc-
tion, value, location, exposures, and any other information requested. 1936 (39)
1668.
§ 2190 1936 Supplement 86
§ 2190. Penalty. — Any officer, official or trustee, upon whom the duties
provided in §§ 2180-2195 devolves, who fails or refuses to carry out the provi-
sions of §§ 2180-2195, shall be guilty of a misdemeanor and, upon convic-
tion thereof, shall be fined in a sum not less than twenty-five ($25.00) dollars,
nor more than one hundred ($100.00) dollars, or imprisonment not less than
ten nor more than thirty (30) days. 1936 (39) 1668.
§ 2191. Value of buildings. — The value of all public buildings shall be
based on the actual cost of such buildings. If the sinking fund commission and
the officers, officials, or trustees having such buildings in their care and custody,
cannot agree on a value the value shall be fixed by three appraisers, to be ap-
pointed and paid as provided in section 2193. 1936 (39) 1668.
§ 2192. Amount of insurance. — The amount of insurance to be carried on
all buildings and on the contents thereof as provided herein, shall be fixed by
the sinking fund commission after consultation with the officer, officials or
trustees having such buildings in their care and custody: Provided, that the
amount of insurance to be carried, as fixed by them shall in no event exceed the
value of the building and contents to be insured after reasonable deduction for
depreciation. 1936 (39) 1668.
§ 2193. Losses — adjustment and payment. — In the event of loss or damage
by fire, lightning or windstorm, when an agreement as to the extent of such
loss or damage cannot be arrived at between the sinking fund commission and
the officials having charge of the said property, the amount of such loss or
damage to be paid by the sinking fund commission shall be determined by three
appraisers, one to be named by the sinking fund commission, one b} r the officer,
official or trustee having the damaged or destroyed building in charge, and the
two so appointed shall select a third. These appraisers shall file their written
report with the sinking fund commission, and a duplicate copy with the insured.
The cost of the appraisal shall be borne, one-half by the sinking fund commission
and one-half by the insured : Provided, that the amount paid by the sinking fund
commission, as fixed by the appraisers, shall, in the event the building so dam-
aged or destroyed is a county building or a public school building, be paid over
to the county treasurer of the county in which the building is located, to be by
said county treasurer paid out as required by law, upon the proper warrant or
order of the proper official or trustees, for the repair, restoration or rebuilding
of the property damaged or destroyed ; and in the event the property so dam-
aged or destroyed; is state property, then the amount shall be paid over to the
officer, official or officials having the property in their care and custody, to be
expended by them for the repair, restoration or rebuilding of the property
damaged or destroyed. 1936 (39) 1668.
§ 2194. Cover roofs of public buildings with fireproof and incombustible
material. — Every public building hereafter erected, enlarged or re-roofed,
whether owned by the state, county or school district, shall have the roof of
such building, also the roof top and sides of all roof structures, including
dormer windows, covered with fireproof and incombustible material. 1936 (39)
1668.
§ 2195. Sprinkler system — losses. — The sinking fund commission is hereby
authorized and empowered to make contracts with responsible manufacturers
of sprinkler systems for the installation of approved sprinkler systems in state
institutions. In the event that such contracts are made, the sinking fund com-
mission is authorized to make loans to the institutions involved for the payment
87 Code of Laws of South Carolina § 2214
of such sprinkler systems, or to accept in said contracts any terms deemed
advisable which may be agreed upon with the said manufacturers as to the
payment therefor. Such contracts shall be made only when, in the judgment of
the commission, the resultant reduction in the premium rate, together with any
funds which may be made available from other sources, will be sufficient to
repay loans made by the sinking fund commission or to pay for the said sprinkler
systems according to contract terms within a period of time satisfactory to the
sinking fund commission, and it is specifically provided that no reduction in the
premium rate shall be allowed until such loans have been discharged, or until
payment has been made in full for the installation of such sprinkler systems,
The sinking fund commission is further authorized and empowered to employ
an inspector, or inspectors, whose duty shall be to protect the property of the
state from damage or defacement in connection with the installation of sprinkler
systems, and to charge the cost thereof to the institution or institutions involved
as a part of the cost of the installation of such sprinkler systems. The sinking
fund commission is further authorized to make loans to owners (other than the
state) or property insured by the sinking fund commission for the purpose of
installing sprinkler systems when, in the judgment of the commission, the re-
duction in premium rate will be sufficient to retire such loan, or loans, within a
period of time satisfactory to the commission, and it is specifically provided, and
shall be embodied in such loan agreements, that there shall be no reduction in
the premium rate until such loans have been liquidated.
It is further specifically provided, and shall be embodied in all loan agree-
ments authorized herein that, in the event of total or partial loss of any building
on which the sinking fund commission carries a loan for the installation of
sprinkler systems, there shall be deducted from the amount of insurance payable,
and credited on such loans, a proportion of said loan equal to the proportion
which the amount of the loss payable bears to the total amount of insurance
carried on said building, or in the case of institutions where insurance is
carried on two or more buildings, the deduction and loan credit shall be a propor-
tion of the loan equal to the proportion which the loss payable bears to the
aggregate insurance carried on all such buildings. 1935 (39) 379; 1936 (39)
1668.
See § 3079-2, which permits state institutions purchase sprinkler systems.
§ 2206-1. State finance committee may borrow to pay operating expenses
of the state.
See this section in 1934 Supplement.
§ 2207. Retirement of current indebtedness. — Repealed by 1932 Acts, page
1228.
§ 2207-1. Retirement of current indebtedness.
See this section in 1934 Supplement.
§ 2207-2. State may issue bonds, notes, etc., in small denominations.
See this section in 1934 Supplement.
§ 2214. Board grant licenses. — The board is authorized to grant to any
person, firm, or corporation applying for the same, licenses granting a general
right to dig, mine and remove phosphate rock and phosphate deposits from all
the navigable streams and waters and marshes of the state, and also from such
of the creeks, not navigable, lying therein, as may contain phosphatic rock and
deposits, belonging to the state and not previously granted. Such licenses may
be for a term not exceeding five (5) years, renewable at the pleasure of the
board ; and said board is empowered and authorized to make a firm contract for
§2214 1936 Supplement 88
the royalty to be paid the state of South Carolina which shall not be in-
creased during the life of the license, any present statute to the contrary not-
withstanding. 1936 (39) 1386.
By 1936/1386 the board was authorized licenses: term increased to five years; and
to grant to any person, firm, or corporation words in italics in last line added.
§ 2244. Confederate home. — * * * (2) Admission of "Widows, Wives,
Sisters and Daughters of Confederate Veterans. — Said commission is hereby
empowered to admit to the Confederate Home the indigent wives, widows,
sisters and daughters of any Confederate soldier or sailor who were born prior
to the year 1871, and who are residents of South Carolina, under the same rules
and regulations and conditions as now exist with reference to the admission of
Confederate soldiers and sailors. 1935 (39) 386; 1936 (39) 1770.
§ 2246. Right to build on Sullivan's Island.
Licenses of lots laid out on land formed live, board of township commissioners ac-
hy accretion to Sullivans Island not void tually holding office and performing func-
or beyond power of board of township com- tions of office constituted do facto govern-
missioners on ground area of lots contained ment, and their acts had force as govern-
less than one-half acre. Schroeder v. ment de litre and could not be collaterally
O'Neill, IT!) S. ('.. 310; 184 S. E.. <>7!>. attacked. Schroeder v. O'Neill. 179 S. C,
Since statute establishing township gov- 310; 1S4 S. E., G79.
eminent for Sullivans Island was ineffec-
§ 2249. Limitations as to building on Sullivan's Island.
See this section in 1934 Supplement.
§ 2249-1. Sullivan's Island, Charleston County.
For appointment, duties, powers, etc., Island, see 1930/1604.
of township commissioners for Sullivan's
§ 2249-2. Folly Island, Charleston County.
See 193G/1G94 which creates township of sioners, etc.
Folly Island, and provides for commis-
§ 2255-1. Custody of Woodrow Wilson Memorial Home vested in American
Legion and the American Legion Auxiliary.
See this section in 1934 Supplement.
§ 2269. Board of registration.
See this section in 1934 Supplement.
§ 2272. Opening and closing of books. — * * * Provided, that in Spar-
tanburg County the supervisors of registration open the books of registration
on July 15th, and remain open continuously every day except Sunday to, and
including, August 15th. 1936 (39) 1384.
The above proviso added by 193G/13S4.
§ 2288. Registration for municipal elections. — * * * Provieled, further,
that in all regular municipal elections, but not special elections, in towns with
a population of less than three hundred persons, the books of registration shall
be opened at least forty days before the date of such election and closed ten days
before the date of such election. That such books of registration shall be in the
custody of a discreet individual or individuals who shall have been designated
as supervisor or supervisors of registration by the members of the town council
of the town in which the election is being held, and said books shall be opened
and closed at such hours at such places as may be determined by said town
council. 1936 (39) 1343.
The above proviso added by 1936/1343.
§ 2296. Voting precincts. — * * * (2) Aiken. — In the count}' of Aiken
there shall be the following voting precincts : Aiken, New Holland, Belvedere,
North Augusta, Chinquapin No. 1, Chinquapin No. 2, Warrenville, Wards No. 1,
Wards No. 2, Perry, Windsor, White Pond, Shaws Fork, Mill Brook No. 1,
89 Code of Laws of South Carolina § 2296
Mill Brook No. 2, Gloverville, Shiloh, Bath, Clearwater No. 1, Clearwater No.
2, Beach Island, Langley, McTier No. 1, McTier No. 2, Rocky Springs, Silverton
No. 1, Silverton No. 2, Vandalise, Tabernacle, Salley, Wagner, Shaw, Seivern,
Montmorenci, and Graniteville. 1936 (39) 1609.
(4) Anderson. — In the count}- of Anderson there shall be voting places
as follows : Anderson Court House, Belton, Craytonville, Pendleton, Centerville,
Sandy Springs, Five Forks, Hopewell Springs, Williamston, Honea Path, Mil-
fords, Cedar Wreath, Moffettsville, Williford's Store, Smith's Mill, Starr,
Tugaloo Academy, Iva, Piedmont Mills, Holland's Store, Pelzer, Flat Rock,
Neals Creek Church, Cedar Grove, Townville, Mount Tabor, Orr Mills, Gluck
Mills, Pelzer Mill No. 4, Piercetown, Toxaway Mill, Anderson Cotton Mills,
Brogdon Mill, Concrete, Belton Mills, Williamston Mills, Old Friendship School
House, Whitefield Church, Grove School House, White Plains, Toney Creek,
Three and Twenty, Walter McElmoy, Campbell's Store and Wright's Store,
Mountain View, North Anderson, Mountain Creek Church, Melton School House
and Shurley's Store, High Point School House, Denver and La France. 1934,
(38) 1341.
(10) Charleston. — In the county of Charleston, outside the corporate
limits of the city of Charleston, there shall be voting places as follows : At
or near the intersection of King's Highway Road and Folly Beach Road on
James Island, Moultrieville, McClellanville, at or near Awendaw Bridge, in the
parish of St. James Santee ; Mount Pleasant, in Christ Church Parish ; Agricul-
tural Hall on John's Island; Bogles on Wadmalaw Island; Lligh School audito-
rium on Edisto Island ; and on Meeting Street Road outside of the corporate
limits of the city of Charleston, and at or near the school building near the
Four Mile Post, on Meeting Street Road ; in St. Andrews Parish, at or near
the intersection of the road to Folly Island, with state highway No. 6 ; in Meg-
getts, at or near the school building ; in Adams Run, at or near the school build-
ing; in Warren's Cross Road, at or near store lately occupied by Magistrate
W. H. Lemacks ; in Ravenel at or near the school building ; in Ladson, at or
near the intersection of the Ladson Road with state highway No. 2; an addi-
tional voting place, at or near North Charleston school building ; an additional
voting place at Midland Park : Provided, That nothing herein contained shall
be construed to vary or affect the location of the voting precincts within the
limits of the city of Charleston as now established by law. The registration
and voting precincts in the county of Charleston within the limits of the city
of Charleston shall hereafter conform to the wards in which the city of Charles-
ton is now by law divided, and registration and voting precincts are hereby
established therein, as follows : The first precinct of ward one shall embrace
all that portion of said ward south of Broad Street, east of Church Street to
Water Street, south of Water Street to Meeting Street, east of Meeting Street
to south Bay Street. The poll shall be held at or near the corner of Church
and Water Streets. The second precinct of ward one shall embrace all that
portion of said ward south of Broad Street, east of King Street, west of Church
Street or Water Street to Meeting Street, west of Meeting Street to south Bay
Street. The poll shall be held at or near the corner of Meeting and Tradd Streets.
The first precinct of ward two shall embrace all that portion of said ward south
of Broad Street, west of King Street to South Street, including south side of
said street k> Ashley River, east of Legare Street to Tradd Street, north of Tradd
to Logan Street, east of Logan to Broad Street. The poll shall be held at
§ 2296 1936 Supplement 90
or near the corner of King and Trade! Streets. The second precinct of ward
two shall embrace all that portion of said ward south of Broad Street, west
of Logan Street to Tradd Street, south of Tradd to Legare Street, west of
Legare Street to Ashley River. The poll shall be held at or near the corner
of New and Broad Streets. The first precinct of ward three shall embrace
all that portion of said ward north of Broad Street, south of Hasel Street,
east of Church Street and Maiden Lane. The poll shall be held at or near the
corner of State and Cumberland Streets. The second precinct of ward three
shall embrace all that portion of said ward north of Broad Street, south of
Hasel Street, east of Church Street and Maiden Lane and east of King Street.
The poll shall be held at Market Hall. The first precinct of ward four shall
embrace all that portion of said ward north of Broad Street, south of Went-
worth Street, west of King Street and east of Mazyck and Coming Streets.
The poll shall be held at or near the corner of Archdale and Beaufain Streets.
The second precinct of ward four shall embrace all that portion of said ward
north of Broad Street, south of Wentworth Street, west of Mazyck and Coming
Streets. The poll shall be held at or near the corner of Smith and Beaufain
Streets. The first precinct of ward five shall embrace all that portion of said
ward north of Hasel Street, south of Calhoun Street and east of Anson Street.
The poll shall be held at or near the corner of Laurens and Middle Streets.
The second precinct of ward five shall embrace all that portion of said ward
north of Hasel Street, south of Calhoun Street, west of Anson and east of King
Street. The poll shall be held at or near the corner of Meeting and Society
Streets. The first precinct of ward six shall embrace all that portion of said
ward north of Wentworth Street, south of Calhoun Street, west of King Street
and east of Pitt Street. The poll shall be held at or near the corner of George
and College Streets. The second precinct of ward six shall embrace all that
portion of said ward north of Wentworth Street, south of Calhoun Street
and west of Pitt Street. The poll shall be held at or near the corner of Bull and
Rutledge Streets. The first precinct of ward seven shall embrace all that
portion of said ward north of Calhoun Street, south of Mary Street and east
of Elizabeth Street. The poll shall be held at or near the corner of Alexan-
der and Charlotte Streets. The second precinct of ward seven shall embrace
all that portion of said ward north of Calhoun Street, south of Mary Street,
west of Elizabeth Street and east of King Street. The poll shall be held at or
near the corner of Hutson and Meeting Streets. The first precinct of ward
eight shall embrace all that portion of said ward north of Calhoun Street, south
of Radcliffe Street, west of King Street and east of Pitt and Thomas Streets.
The poll shall be held at or near the corner of Vanderhorst and Coming Streets.
The second precinct of ward eight shall embrace all that portion of said ward
north of Calhoun Street, south of Radcliffe and Bee Streets and west of Pitt
and Thomas Streets. The poll shall be held at or near the corner of Rutledge and
Vanderhorst Streets. The first precinct of ward nine shall embrace all that
portion of said ward north of Mary Street, south of Columbus Street and east
of Nassau and Hanover Streets. The poll shall be held at or near the corner of
Amhurst and America Streets. The second precinct of ward nine shall em-
brace all that portion of said ward north of Columbus Street, east of Hanover
Street to the city boundary. The poll shall be held at or near the corner of
America and Cooper Streets. The first precinct of ward ten shall embrace all
that portion of said ward north of Mary Street, south of Columbus Street,
91 Code of Laws of South Carolina § 2296
west of Nassau Street and east of King Street. The poll shall be held at or
near the corner of Wolfe and Meeting Streets. The second precinct of ward
ten shall embrace all that portion of said ward north of Columbus Street, east
of King Street and west of Hanover Street to the city boundary. The poll shall
be held at or near the corner of Lime and Meeting Streets. The first precinct
of ward eleven shall embrace all that portion of said ward north of Radcliffe
Street, south of Spring Street, west of King Street and east of Rutledge Av-
enue. The poll shall be held at or near the corner of Morris and Coming Streets.
The second precinct of ward eleven shall embrace all that portion of said ward
north of Spring Street, west of King Street, and east of Rutledge Avenue to
the city boundary. The poll shall be held at or near the corner of Lime and
Coming Streets. The first precinct of ward twelve shall embrace all that por-
tion of said ward north of Bee Street, west of Rutledge Avenue, east of Pres-
ident Street and its line of prolongation to the city boundary. The poll shall
be held at or near the corner of Ashley and Spring Streets. The second pre-
cinct of ward twelve shall embrace all that portion of said ward north of
Bee Street, west of President Street, and its line of prolongation to the city
boundary. The poll shall be held at or near the corner of Spring and Norman
Streets. 1934 (38) 1498.
(12) Chester. — In the county of Chester there shall be voting places as
follows: Chester Court House, Lowryville, at J. Wesley Carter's, Lando, Fish-
ing Creek Church, Rodman, on S. A. L. Railroad, Rossville, Halselville, Wilks-
burg, Lansford, Cornwell's, Richburg, Edgemore, Baton Rouge, Ferguson's
Store, Fort Lawn, White's Store, voting to be at New Hope School House,
Leeds, Great Falls, and Hazelwood, Colvin's Springs, the voting of Colvin's
Springs precinct shall be at Oak Hill School House, Blackstock township, Mt.
Pleasant School House, near Mt. Pleasant Presbyterian Church in Baton Rouge
township, Eureka Cotton Mills, and Baldwin Cotton Mills. 1934 (38) 1191;
1935 (39) 362.
(13) Chesterfield. — In Chesterfield County there shall be voting places
as follows : Chesterfield Court House, Cheraw, Marburg, Brooks ' Mill, Wex-
ford, Mount Croghan Cross Roads, Ruby, Snow Hill, Jefferson, Catarrh, Dud-
ley, Pageland, McBee, Middendorf, Cat Pond School House, Bethel, Shiloh,
Grant's Mill, Patrick, Windzo, Plains, White Oak, Angelus, Center Point,
Bay Springs and Vaughn. 1936 (39) 1663.
(14) Clarendon—* * * Oakdale. 1934 (38) 1275.
(15) Colleton. — In Colleton County there shall be voting places as follows:
Jacksonboro, Greenpond, Cottageville, Maple Cane, Horse Pen, Henderson-
ville, Sniders, Rice Patch, Bells, Edisto, Canadys, Smoaks, Doctor's Creek,
Ashton, Lodge, Petits, Peoples, Williams, Berea, Walterboro, Hudson's Mill,
Ruffin, Ritter, Sidney, Tiger Creek, Padgett's, Round 0, Wolfe Creek, Benton's
Mill, Pine Grove, and Peniel. 1932 (37) 1419; 1934 (38) 1264.
(16) Darlington.— In the county of Darlington there shall be voting places,
as follows : Antioch, at Bethlehem Church ; Clyde, at Clyde school house ;
Darlington No. 1, at the Darlington court house ; Darlington No. 2 at the Darling-
ton manufacturing company; Hartsville No. 1, at chamber of commerce office
building, 5th Street; Hartsville No. 2, at Segars motor company, Carolina Ave-
nue ; High Hill at High Hill school house ; Lake Swamp, at Lake Swamp school
house ; Lamar No. 1, at Joyce store on Main Street ; Lamar No. 2, at Wilkes store,
Main Street; Leavenworth, at Dovesville school house; Lydia, at Rhinehardt's
§ 2296 1036 Supplement 92
store; Mechanicsville No. 1, at Mechanicsville school house; Mechanicsville No.
2, at Mont Clare school house ; Palmetto, at Palmetto school house ; Philadelphia,
at Philadelphia school house; Pond Hollow, at New Market school house;
Society Hill, at Sompayrac office bldg., Swift Creek, at Swift Creek school
house. 1934 (38) 1414; 1935 (39) 97.
(17) Dillon. — In the county of Dillon there shall be voting places as fol-
lows: Bermuda, Fore's Cross Roads, Floydale, Centerville, llamer, Caddy's
Mill, Page's Mill, Latta, Little Rock, Fork, Judson, Mt. Calvary, Kemper, Gin
House and Pleasant Hill, Fowler's school house, Harlee, East Dillon, West
Dillon, the Atlantic Coast Line Railroad being the dividing line between East
Dillon and West Dillon precincts, Carolina school house in Harlleesville town-
ship and Manning school house, in Manning township. 1934 (38) 1363, 1392.
(18) Dorchester. — * * *
For territory comprised in St. George No. 1 precinct see 1934/1415.
(19) Edgefield. — In the county of Edgefield there shall be voting places as
follows : Timmerman, Johnston, Trenton, Edgefield C. II., No. 1, for Pickens
township, Edgefield C. II., No. 2, for Wise township, Meeting Street, Pleasant
Lane, Red Hill, Cheatham's store, Mathis, Merriwether Hall, Ropers and
Bacon school house, near J. 0. Seigler's residence, Sullivans school house, and
Hightower at or near Kendall Mill. 1933 (38) 357.
(20) Fairfield. — In the county of Fairfield there shall be voting places
as follows: Centerville school house, Feasterville, Mitford, at Keistler's store,
Horeb, at Hau's store, Monticello, Ridgeway, Winnsboro, Woodwards, Long-
town, at Jenkins' store, Greenbrier, Jackson's Creek school house, Jenkinsville,
Fairfield Cotton Mill, New Hope session house, Blair's, Shelton, Gladden 's
Grove, Hickory Ridge, White Oak, and Simpson. 1934 (38) 1400.
(21) Florence. — In the county of Florence there shall be voting places as
follows : Pamplico, Hannah, Cartersville, James Cross Roads, Liberty, Vox,
Lake City No. one, Lake City No. two, Salem, Frienclfield, Prospect, Coward No.
one, Coward No. two, Glenwood, Olanta, Leo, Stone, McAllister's Mill, Scranton,
McCutcheon, Tans Bay, Ebenezer, Effingham, Oak Grove, Mars Bluff, High Hill,
Evergreen, Elim, Kingsburg, Claussens, Back Swamp, Timmonsville, Johnson-
ville, Florence, Ward one, Florence, Ward two, Florence, Ward three, Florence,
Ward four and Rail Road Shops. The county executive committee of Florence
County and the executive committee of the city of Florence is hereby authorized
and directed to make provisions for and supply a voting place and a box or
boxes for all democratic primaries for national, state, county and city matters
at or near the shops of the Atlantic Coast Line Railroad Company within or
near the city of Florence, so that the railway employees shall have the op-
portunity and privilege of voting therein in any and all democratic primaries.
It shall be the duty of the executive committee to provide copies of all books of
registration where the railway employees are registered, in any voting precinct
in the county of Florence, to the managers of election at said voting place so
that any railway employee regardless of where he may have registered within
the county of Florence shall have the right to vote at said box in any democratic
primary. The employees of said railway shall have the right to cast their ballot
in any democratic primary in said box or in the voting precinct where registered
but if they cast their ballot in said box the same shall be legal and valid and
shall be counted in any primary in which the same is cast.
93 Code of Laws of South Carolina § 2296
All precincts herein designated for primary elections shall likewise be the
designated voting precincts for general elections within the county of Florence.
1932 (37) 1457; 1935 (39) 194.
(22) Georgetown. — In Georgetown County there shall be voting places as
follows: Andrews; Bethel; Brown's Ferry; Carver's Bay, at or near Munner-
lyn's Bay Store; Cedar Creek; Choppe; Georgetown no. 1, at or near County
Court House; Georgetown no. 2, at or near A. C. L. Corporation in Fire Hall;
Greer's, at or near Young's Cross Koads; Murrell's Inlet; Pennyroyal; Plant-
ersville ; Pleasant Hill, at or near Pleasant Hill School House ; Folly Grove, at
or near Bennie Powell's home; Potato Bed Ferry; Sampit, at or near Bourne's
Old Store ; Santee ; Snow Hill ; Spring Gully, at or near Brinkley Bros. ' Store ;
Pawley's Island, at or near Lachicotte Mercantile Company's Store. 1935 (39)
274.
(23) Greenville. — * * * Welcome, at Welcome school house; Kelley's
Store, at Kelley's store on Stafford Avenue. 1933 (38) 238; 1934, (38) 1576.
Welcome precinct added by 1933/238. Kelley's store precinct added by 1934/1576.
(26) Horry. — Adrian, at Adrian; Allsbrook, at Allsbrook; Aynor, at Aynor;
Bayboro, at Bayboro ; Joiner Swamp, at Joiner Swamp school house ; Brown-
way, at Brownway school house ; Cedar Grove, at Pee Dee school house ; East
Conway, at town hall in Conway; West Conway, at court room at court
house ; Cool Springs, at Cool Springs ; Daisy, at Daisy ; Dog Bluff, at Dog Bluff ;
Dogwood, at Dogwood school house ; Ebenezer, at Longs ; Floyds, at Floyds
school house; Gallivants Ferry, at Gallivants Ferry; Graham X Roads, at
Graham X Roads ; Green Sea, at Green Sea ; Gurly, at Gurry ; Hammond, at
Hammond ; Hickory Grove at Hickory Grove school house ; Hickory Hill,
at Hickory Hill school house ; Homeward, at Homeward Hall ; Horry, at Horry ;
Jernig'ns X Roads, at Jernig'ns X Roads, Jordanville, at Jordan ville; Knotty
Branch, at Knotty Branch; Leon, at Leon school house; Little River, at Little
River ; Loris, at Loris ; Marlow, at Burgess, Mt. Vernon, at Mt. Vernon school
house : Myrtle Beach, at Myrtle Beach, Norton, at Norton school house ; Oak
Dale, at Oak Dale ; Pauley Swamp, at Pauley Swamp school house ; Port Harrel-
son, at Inland school house ; Rehobeth, at Rehobeth ; Shell, at Shell school house ;
Spring Branch, at Spring Branch ; Socastee, at Socastee Academy ; Sweet Home,
at Sweet Home; Taylorsville, at T aylors ville ; Tilly Swamp, at Tilly Swamp
school house; Toddville, at Toddville; Vardelle, at Shelley's store; Wampee,
at Wampee school house; and White Oak, at Booth's store. 1936 (39) 1353.
(27) Jasper. — The voting precincts for general elections in Jasper County
shall be as follows: Grahamville, Gillisonville, Grays, Hardeeville, Ridge-
land, Okatie, Tillman, Pineland and Coosawhatchie. 1933 (38) 234.
(29) Lancaster.— In the county of Lancaster there shall be voting places
as follows : Lancaster Court House, Lancaster Cotton Mills, Antioch, Fork Hill,
Pleasant Valley, Pine Grove school house, Lindsay, Thornwell, Tradesville, Jack-
sonham, Union, at Union school house, Taxahaw's, Welsh's, Carmel, Heath
Springs, Flat Creek, at Flat Creek church ; Blair, Primus, D wight, Kershaw,
Van Wyck, Elgin, at Elgin station, Crenshaw, at Crenshaw school house, in
Cedar Creek township ; Haile Gold Mine, White Bluff and Unity, at Unity
school house, New Bethel school house, Osceola, Tabernacle, Midway, Dixie
school house, Flint Ridge, at Flint Ridge school house, Rich Hill and a new
precinct in Flat Creek township ; at Charlesboro school house, and also one at
Pleasant Hill. One at Kershaw Cotton Mills and one at the club house at
Lancaster Cotton Mills. The other voting precinct now provided by law for
§ 2296 1936 Supplement 94
said Lancaster Cotton Mills shall hereafter be held at some convenient place on
the street or road known as "Midway" and Bell Town, at or near Bell Town
school house. 1934 (38) 1337; 1936 (39) 1528.
(30) Laurens. — * * * Shady Grove school house in. Jacks township.
1934 (38) 1538.
Shady Grove school house precinct added 1934/1538.
(34) Marlboro. — In the county of Marlboro there shall be voting places as
follows: Bennettsville, Bed Hill, Brownsville, Hebron, Clio, McColl, East Mc-
Coll, Newtonville, Brightsville, at Goodwin's mill, Tatum, Joe Quicks Cross
Roads, Kollock and Bennettsville mill village. 1932 (37) 1283.
(36) Newberry. — Newberry Court House, Newberry Cotton Mills, Mol-
lohon Mills, Oakland Mills, Glymphville, Helena, Majdnntown, Whitmire,
Betheden, Jalapa, Longshore, Williams store, Chappells, Utopia, Prosperity,
Hendricks's mill, Slighs, Jolly Street, Central school house, Pomaria,
Walton, Mount Bethel, St. Phillips, Little Mountain, Union Academy,
Silverstreet, Kinards, Garmany Academy, Peak, and Zion. And provided, all vot-
ing precincts in that portion of Lexington County which has recently been an-
nexed to Newberry County are hereby declared and designated to be voting
precincts in Newberry County. 1936 (39) 1711.
(37) Oconee. — * * * Oakgrove school house; Chauga, at Chauga school
house; Plat Shoals, at Flat Shoals school house. Voting precinct No. 14, at
Clemson College, shall be known as "Stone Church" voting precinct. 1934 (38)
1238; 1936 (39) 1707.
(39) Pickens. — In the county of Pickens there shall be voting places as
follows : Easley, Central, Liberty, Pickens Court House, Dacusville, Catee-
chee, Pumpkintown, Eastatoe, Cross Plains (at Freeman's store), Peter's
Creek, (at Peter's Creek school house), Mile Creek (at Mile Creek church),
Prater's (at Prater's Creek church), Six Mile (at Six Mile church), Calhoun,
Holly Springs (at Holly Springs Church), Gaphill, Loopers Gin, Crosswell
school house, Pleasant Grove (in Pumpkintown township), Norris, Easley Cot-
ton Mill, Glen wood Cotton Mill, Alice Mills, Arial Mill, Rocky Bottom (at Rocky
Bottom school house), and Flat Rock, Pickens Cotton Mills, near Pickens court
house, Antioch at Antioch school house, and Estatoe at Estatoe school. There
shall be two additional voting precincts in Pickens county, known as Issa
Quenna Mill, at Central, and Easley Mill, No. 2, at Liberty, Garret's store,
Cross Roads, Griffin's and another at Zion school house, and Durham's store.
1934 (38) 1312, 1476; 1936 (39) 1296.
(40) Richland. — In the county of Richland, the voting precincts in the
general election shall be as follows: In Columbia township — Ward 1, Ward 2,
Ward 3, Ward 4, Ward 5, Ward 6, Ward 7, Ward 8, Ward 9, Ward 10, Arden,
Eau Claire, Edgewood, Hampton, Olympia, Palmetto. In Upper township —
Belleview, College Place, Holly Grove, Koon's store, Slighs, Wayside. In
Centre township — Brown's Chapel, Garners, Horrell Hill No. 1, Midway, Mill
Creek, Pontiac No. 1. In Blythewood township — Bear Creek, Blythewood, Dents-
ville, Killian, Pontiac No. 2. In Hopkins township — Gadsden, Hopkins, Horrell
Hill No. 2, Lykesland. In Lower township — Eastover. In Dutch Fork township —
Ballentine, Folk, St. Andrews, Spring Hill, Summerville. 1936 (39) 1597.
(41) Saluda. — * * * The place for voting in Saluda County of the Big
Creek precinct is hereby changed, fixed and located at Union school house. 1936
(39) 1754.
95 Code of Laws of South Carolina § 2344
(42) Spartanburg. — * * * Fair Forest Finishing Plant precinct, to be
where Fair Forest Finishing Plant is now located. Ward 6, box 2, city of
Spartanburg said voting place to be where West End school is now located, and
the territory embraced in said precinct shall be as follows : Beginning at city
limits, going east on Wofford Street, to the C. & W. C. Railroad, thence south,
with C. &. W. C. Railroad to city limits. The name of the voting precinct in
Spartanburg County known as Gray Cotton Mill is hereby changed to "Mills
Mill No. 2." 1932 (37) 1332; 1935 (39) 456, 57.
(44) Union. — * * * The voting precincts in Union county shall be the
same as now provided by law, except in Bogansville township in said county,
there is hereby established a new voting precinct to be known as Parham. The
voting in said precinct shall be at the school house in said township known as
Parham school house. 1936 (39) 1484.
(45) Williamsburg. — In the county of Williamsburg there shall be voting
places as follows : Trio, Earles, Sulton, Gourdins, Greeleyville, Salters, Kings-
tree, Cedar Swamp, Cades, Morrisville, Vox, Hebron church, Indian Town,
Muddy Creek, Poplar Hill, Taft and Bloomingdale, Hemingway, Johnsonville,
Workman, Pergannos, Mouzon, Henry, Lanes and Ebenezer. 1933 (38) 175;
1934 (38) 1264.
(46) York. — In the county of York: York, Hickory Grove, Santiago, at A.
M. McGill's Store, New Zion, at New Zion school house, Bethany, Fort Mill,
Rock Hill, Coates' Tavern, Ogden, at Ogden's school house, in Bethesda town-
ship, McConnellsville, Blairsville, Bullock's Creek, at Good's Store, Bethel, at
Bethel Consolidated school, Clover, Newport, Sharon, Tirzah, Smyrna, Ebenezer,
Aragon Cotton Mills, Hopewell, Filbert, Leslie, Highland Park, Oak Ridge school
voting precinct, Mitchell's Store, and Bowling Green. 1935 (39) 21.
§ 2307. Managers require evidence of payment of taxes. — Managers of
election shall require of every elector offering to vote at any election, before
allowing him to vote, proof of the payment thirty days before any election of
any poll tax then due and payable. The production of a certificate or of the
receipt of the officer authorized to collect such taxes shall be conclusive proof
of the payment thereof. 1935 (39) 282.
By 1935/282 electors offering to vote of all taxes and poll taxes,
were required to pay only poll tax in lieu
§ 2333. Congressional districts.
See this section in 1934 Supplement.
§ 2343. Meeting of the electors — organization. — The electors of President
and Vice-President shall convene at the capital, in some convenient place, on
the first Monday after the second Wednesday in December next following their
election; and those of them who shall be assembled at 11 o'clock in the forenoon
of that day shall, immediately after that hour, proceed to preliminary organiza-
tion and make such preliminary arrangements as may be necessary for permanent
organization and the casting of the electoral vote of the state. 1936 (39) 1651.
Time for electors to convene changed to second Monday in January next following
second Wednesday in December from the their election, 1936/1651.
§ 2344. Duties of state officials. — The chief executive, the secretary of
state and other state officers shall perform such duties and functions in respect
to the election of electors, the election of the President and Vice-President of
the United States and certification of electors and results of such election as
provided by the acts of Congress in relation thereto. 1936 (39) 1651.
By 1936/1651 stated duties of certain were required to perform such duties as
state officers were eliminated and they acts of Congress provide.
§ 2365 1936 Supplement 96
§ 2365. Election on last Tuesday in August — arrangements of voting place
— opening and closing polls. — * * * (1) Provided, that in Anderson County
the polls shall open at eight o'clock, a m. and close at six o'clock p. in. 1934
(38) 1223.
(2) Provided, That in the greater Greenville district in Greenville County,
the polls shall open at 8 o'clock, a. m. and close at 6 o'clock, p. m. 1934 (39) 1381.
(3) Provided, That in Lexington County and the city of Camden, the polls
in the Democratic primary election shall be opened at eight o'clock in the morn-
ing and close at six o'clock in the afternoon. 1934 (38) 1602; 1936 (39) 1407,
1458.
(4) Provided, That in the primary elections held in Aiken County and re-
ferred to in section 2365, at the voting places at North Augusta, Belvedere,
Clearwater No. 2, Bath, Langley, Gloverville, Warrenville, Graniteville and
Vaucluse, the managers of election shall open the polls at 8 o'clock, a. m.
and shall close them at 6 o'clock, p. m., and at Rock Hill, Fort Mill, Clover and
York, in York County the polls shall be kept open in primary elections from
8 a. m. to 6 p. m. 1934 (38) 1383.
(5) Provided, That all primary elections held in Greenwood, Beaufort and
Lancaster Counties the executive committee in the county of any party hold-
ing the election shall have the right to designate the voting precincts which
shall open at eight o'clock in the forenoon and close at six o'clock in the after-
noon on the day of election ; and if not so specially designated, the polls in
Greenwood, Beaufort and Lancaster Counties in such election shall open as
now provided by law. 1934 (38) 1443.
(6) Provided, that in all primary elections in Fairfield county the polls shall
open at eight (8) a. m., and close at four (4) p. m., except at the voting place
at Winnsboro Mills, town of Winnsboro, where the polls shall remain open until
six (6) p. m. 1936 (39) 1458.
(7) Provided, that in all primary elections in Chester county the polls shall
open at eight (8) o'clock a. m. and close at four (4) p. m. Provided, however,
that at the following precincts in said county : Ward three Chester, ward four
Chester, Baldwin, Eureka, No. 1 Great Falls, No. 2 Great Falls, No. 3 Great
Falls, and Lando, the polls shall open at eight o'clock a. m. and close at six (6)
o'clock p. m. 1936 (39) 1575.
(8) Provided, that the polls in the Hampton club district in Richland County
in primary elections shall open at eight (8) a. m. and close at six (6) p. m.,
instead of at four (4) p. m., as now provided for by law. 1936 (39) 1699.
§ 2383. Clubs and club districts.—* * * (2) Cities over 60,000.— In
counties containing a city or cities of more than sixty thousand (60,000) popula-
tion, according to the 1930 United States census, the following provisions shall
obtain for all municipal primary elections beginning in the year 1935, and ap-
plying to each and every municipal election held in such year and thereafter:
organization of ward clubs and elections of club officers, city executive com-
mitteemen and delegates to the city convention to be held on the first Monday
in April shall take place simultaneously in all clubs at 8 o'clock in the evening
of the Saturday preceding the third Monday in March of each such municipal
election year. Municipal books of enrollment for voting in all municipal primary
elections shall be open in each and every ward by the secretary of each respec-
tive club on the Monday preceding the last Monday in April, and shall remain
open for not less than eight hours of each day, Sundays and holidays excepted,
until 12 o'clock noon of the last day of enrollment which shall be the fifth
97 Code of Laws of South Carolina § 2449
Tuesday prior to the Monday preceding the date of the primary election, which
shall be on the second Tuesday in July of each municipal election year. 1935
(39) 48.
§ 2400-1. Election commissioners.
See this section in 1934 Supplement.
§ 2400-2. Party primary to nominate mayor or councilman.
See this section in 1934 Supplement.
§ 2400-3. Enrollment books.
See this section in 1934 Supplement.
§ 2427. Tax commission direct abatement or refund of taxes. — (1) Erro-
neous, Improper or Illegal Assessments — Penalties. — Whenever it shall ap-
pear to the satisfaction of the South Carolina tax commission that any tax has
been erroneously, improperly or illegally assessed against any person, firm or
corporation within this state that the South Carolina tax commission shall have
the power and authority to order any officer having authority to assess or collect
taxes to abate the whole or any part of said taxes that may have been erroneously,
improperly or illegally assessed ; and whenever it shall appear to the satisfaction
of the South Carolina tax commission that any tax has been paid under an
erroneous, improper or illegal assessment, the South Carolina tax commission
shall have the power and authority to order any such officer having custody of
the tax so erroneously, improperly or illegally paid, to refund the same to the
person, firm or corporation from which it has been unjustly collected, and such
officer having the custody of such taxes shall refund the same on the order of
the South Carolina tax commission: Provided, Such officers having the custody
of such taxes shall have in his possession the taxes so improperly collected, or
other funds from which the same may be lawfully refunded, and in case such
officer shall not have in his custody or possession funds which may be used as
herein provided, he shall, in case of the county treasurer, report the order of
the South Carolina tax commission to the legislative delegation from his county
for the purpose of having the delegation make provisions for the payment
thereof ; and if the tax has been collected by the state treasurer, then, in each and
every such case, he shall report to the General Assembly that he has been ordered
by the South Carolina tax commission to refund certain taxes, and that he has
no funds available for the payment thereof, with the request that proper ap-
propriation be made to cover such amount as may have been ordered to be so
refunded : Provided, further, that in case any city or municipal treasurer shall
not have in his custody or possession funds which may be used as herein pro-
vided, he shall report the order of the South Carolina tax commission to the
municipal council of said city for the purpose of having the council make pro-
vision for the payment thereof. 1935 (39) 465.
"Except municipal taxes" omitted after to this subsection added, 1935/465.
the word "state" on line 4, and last proviso
§ 2437. Imposition of the income tax on individuals.
See this section in 1934 Supplement.
§ 2441. Exemptions.
See this section in 1934 Supplement.
§ 2449. Deductions. — * * * (12) Donations Made by South Carolina
Corporations to American Red Cross. — All sums of money paid to the
American Red Cross as a donation by any corporation, duly chartered and
existing as such under the laws of South Carolina, shall be exempt from all
income tax imposed by the laws of this state ; and deductions for any such dona-
§ 2449 1936 Supplement 98
tions shall be allowed in the annual income tax return of any such corporation.
1936 (39) 1681.
Subsection 12 added by 1936/1681. For Supplement,
other changes in this section see 1934
§ 2451. Non-residents and foreign corporations.
See this section in 1934 Supplement.
§ 2452. Information returns.
See this section in 1934 Supplement.
§ 2453. Persons and corporations required to make returns.
See this section in 1934 Supplement.
§ 2453-1. Tax on dividends and interest.
See this section in 1934 Supplement. Tax Commission, 178 S. C, 57 ; 182 S. E., 96.
This section is constitutional. — Marshall Tax commissioners levying tax hereunder
v. South Carolina Tax Commission, 178 S. in good faith not liable for error of fact
C, 57 ; 182 S. E., 96. or law to taxpayer which they may have
Income tax. — This is an income tax, not committed. Marshall v. South Carolina Tax
a property tax. Marshall v. South Carolina Commission, 178 S. C, 57 ; 1S2 S. E., 96.
§ 2460. Additional taxes.
See this section in 1934 Supplement.
§ 2461. Refund of taxes illegally collected.
This section does not create a plain min- sage ; and taxpayer has no right of redress
isterial duty on the tax commission to re- hereunder for recovery of such taxes. Ar-
fund overpaid income taxes assessed and gent Lumber Co. v. Query. 178 S. C, 1 ; 182
collected against taxpayers prior to its pas- S. E., 93.
§ 2467. Revision remedies and proceedings for relief of taxpayers.
Applied.— Argent Lumber Co. v. Query, 178 S. C, 1 ; 182 S. E., 93.
§ 2469. Payment under protest.
Applied. — Argent Lumber Co. v. Query, tainable hereunder. Marshall v. South Car-
178 S. C, 1 ; 182 S. E., 93. olina Tax Commission, 178 S. 0., 57 ; 182 S.
Suit to recover property taxes not main- E., 96.
§ 2478. Unconstitutionality or invalidity.
This section in force for assessment and gent Lumber Co. v. Query, 178 S. C, 1 ;
collections of taxes which accrued under it, 1S2 S. E., 93.
notwithstanding it has been repealed. Ar-
§ 2480-1. State tax commission to collect inheritance taxes as provided by
§§ 2480-2504, 1932 Code.
See this section in 1934 Supplement.
§ 2481. On interest in property less than an estate in fee.
See this section in 1934 Supplement.
§ 2483. When due — extension — interest.
See this section in 1934 Supplement.
§ 2502. Tax commission to certify amount of tax.
See this section in 1934 Supplement.
§ 2503. Tax commission to collect taxes unpaid.
See this section in 1934 Supplement.
§ 2504-1. Estate Tax. — (1) Amount. — A tax in addition to the inheritance
tax imposed by existing law is hereby imposed upon the transfer of the net
estate of every decedent dying after June 5, 1936, whether a resident 'or non-res-
ident of the state, where the inheritance tax imposed by existing law is in the ag-
gregate of a lesser amount than the maximum credit of eighty per cent of the
federal estate tax allowed by the federal estate tax act as contained in the fed-
eral revenue act of 1926, because of said tax herein imposed, then the inheritance
tax provided for by law shall be increased by an estate tax on the net estate so
that the aggregate amount of tax due this state shall be the maximum amount ot
credit allowed under said federal estate tax act ; said additional tax shall be paid
out of the same funds as any other tax against the estate.
99 Code of Laws of South Carolina § 2520-1
(2) Payment — Interest. — The South Carolina estate tax shall be payable
to the South Carolina tax commission, at the same time or times at which the
federal estate tax is payable and shall bear interest, if any, at the same rate and
for the same period as such federal estate tax.
(3) Administration — Computation. — The administrative provisions con-
tained in act No. 792 of the South Carolina General Assembly approved April
4, 1932, wherever applicable, shall apply to the collection of the tax imposed by
this section. The amount of the tax as imposed by subsection 1 hereof shall be
computed in full accordance with the federal law in force at the time of the
death of the decedent, known as federal revenue act 1926.
(4) Saving Clause. — If any subsection, phrase or clause hereof, is for any rea-
son held to be unconstitutional, such decision shall not affect the validity of the
remaining portion or portions of this section. 1936 (39) 1768.
This section added by 1936/1768.
§ 2505. License tax on gasoline.
See this section in 1934 Supplement.
§ 2505-1. Tax commission collect gasoline taxes derived from §§ 2505-2511.
See this section in 1934 Supplement.
§ 2510. Reimbursement agreements.
Actions of state highway commissioners ernor's suspension of highway commission-
in voting to enter into reimbursement agree- ers from office. Dacus v. Johnston, S.
ments with counties did not warrant Gov- C, — ; 185 S. E., 491.
§ 2512. License tax on gasoline, etc., stored in state.
This section is constitutional. Gregg Dyeing Co. v. Query, 52 S. Ct., 631.
§ 2520-1. Carriers report monthly shipments and deliveries of gasoline in
state. — (1) Report to Tax Commission. — Every railroad company, water
transportation company, common carrier, or contract carrier and any person,
partnership or corporation transporting and delivering gasoline, substitutes there-
for and combinations thereof, either in interstate or intra-state commerce to
points within South Carolina, shall make reports, under oath, to the South
Carolina tax commission on forms prescribed by said tax commission of all
deliveries of gasoline, substitutes therefor and combinations thereof, kerosene,
benzol, casing head gasoline, natural gasoline, naptha or distillate made to points
within the state. Such reports shall be submitted to the South Carolina tax
commission on or before the 20th day of each month covering deliveries of
gasoline, substitutes therefor and combinations thereof made during the preced-
ing month. Provided, however, that upon good cause shown the South Carolina
tax commission may allow further time for making and submitting the reports
required by this subsection.
(2) Tax Commission Report to Commissioner of Agriculture and Com-
merce. — The South Carolina tax commission shall, at such times and in such
form as may be specified by the commissioner of agriculture and commerce,
certify to the commissioner of agriculture and commerce the following : Names
of all consignors of gasoline, combinations thereof, or substitutes therefor,
kerosene, benzol, casing head gasoline, natural gasoline, naptha or distillate
when the said products are consigned to a resident dealer, the name and address
of such consignee and the quantity and kind of such products so consigned;
Provided, that such information shall be in the possession of, or on file in the
office of the South Carolina tax commission and to the extent such information
is not in possession of said South Carolina tax commission and not required to
be kept there, no such report shall be required.
§ 2520-1 1936 Supplement 100
(3) Penalty. — Any person, firm or corporation violating the provisions of
subsection 1, or who shall make any false statement in the reports required by
subsection 1, shall be deemed guilty of a misdemeanor and upon conviction shall
be punished by a fine of not more than five hundred ($500.00) dollars or im-
prisonment for a term not exceeding six (6) months, in the discretion of the court,
for each and every offense. Provided, that the South Carolina tax commission
may, in its discretion, compromise any prosecution under this section, either
prior or subsequent to the commencement thereof. 1935 (39) 185.
This section added by 1935/185.
§ 2522. Governmental obligations not taxable.
See this section in 1934 Supplement.
§ 2525. Stamps.
See this section in 1934 Supplement. exempt from taxes. — See § 2578 (53) this
Preferred stock and capital notes of banks supplement.
§ 2527. Business license tax. — * * * (5) * * * (g) Cartridges and
Shells. — Upon all shot gun or other shells, two ($2.00) dollars per thousand
rounds.
Upon all cartridges, twenty-three (23) caliber or greater, two ($2.00) dollars
per thousand rounds. 1935 (39) 365.
(h) Candy. — Upon all candy retailing at fifty (50c) cents per pound and
above, one ($0.01) cent for each ten cents or fraction of the retail price: Pro-
vided, that individual factory-wrapped packages of candy retailing for ten
(10c) cents, or less shall not be taxable: Provided, that candy as used herein
shall not be construed to include crystallized and/or glazed cherries, crystallized
and/or glazed cherries, crystallized and/or glazed pineapple or other crystallized
and/or glazed fruits when used for cooking purposes. 1935 (39) 384.
(7) Method and Time op Affixing Stamps — * * * . — Provided, however,
in the event such tobacco products are manufactured within the state of South
Carolina and sold to consumers, such products shall be stamped by the manu-
facturers when and as sold, but where such tobacco products are sold to bona
fide wholesale and retail merchants, such products shall be stamped by wholesale
and retail merchants within the time required in this section. 1935 (39) 244.
Taxes on shells and cartridges reduced for the following proviso, "Provided, how-
from four ($4.00) dollars per thousand ever, in the event any such tobacco pro-
rounds to two ($2.00) dollars, 1935/365. ducts are manufactured within the state
Last proviso to subdivision h under sub- of South Carolina, they shall be stamped
section 5 added by 1935/384. by the manufacturer when and as sold."
The proviso in subsection 7 substituted
§ 2528. Sale of stamps — regulations for enforcement.
See this section in 1934 Supplement.
§ 2531. Admission tax. — (1) Rate— Exemptions. — There shall be levied, as-
sessed, collected and paid upon all paid admission to places of amusement, public
bathing places and public dance halls, or elsewhere, within the state of South
Carolina, a license tax of one ($0.01) cent for each ten ($.10) cents, or fractional
part thereof: Provided, that no tax shall be charged or collected on account of
any stage play or any pageant in which local or non-professional talent or
players are used, nor where tickets or admissions are sold by any incorporated
college or university presenting any musical or purely literary entertainment
or athletic contests : Provided, further, that the exemptions allowed in the last
above proviso shall not apply in case the admissions inure to the benefit of any
individual : Provided, further, that no tax shall be charged or collected on ad-
missions to athletic contests in which a junior american legion athletic team is
a participant; provided, the proceeds do no inure to any individual or player in
101 Code of Laws of South Carolina § 2557-1
the form of salary or otherwise. Provided, further, that no tax shall be charged
or collected on admissions to high school or grammar school games or on general
gate admissions to the state fair or of any county or community fair : Provided,
further, however, that no tax shall be charged or collected on admissions to
athletic contests played between textile or municipal amateur athletic teams,
provided the proceeds do not inure to any individual or player in the form of
salary, or otherwise : Provided, further, that no tax shall be charged or collected
on admissions to entertainments other than motion pictures when presented in
community houses that are publicly owned and publicly controlled, and the
proceeds do not inure to any individual or individuals. Provided, further, that
no tax shall be charged on admissions to any play, pageant or entertainment
given for the benefit of a purely civic, charitable, religious or benevolent purpose,
or for the benefit of a charitable or benevolent fraternal order, where no profit
inures to the benefit of any individual. 1935 (39) 282; 1936 (39) 1771, 1591.
Provided, that the Columbia music festival committee is hereby exempt from
the pa3 r ment of any admission taxes to the state of South Carolina in any func-
tion at which they may charge admission fees. 1936 (39) 1377.
Words in italics in subsection 1 added by bathing places may operate by paying an-
1936/1591, 1771. nual licenses. The said 1936 acts failed to
Last proviso to said subsection added by reenact the said 1935 act.
1936/1377. Admissions to dances in honor of Presi-
Attention is called to the fact that 1936/ dent Roosevelt exempt from taxes ; see
1591, 1771 did not refer to 1935/282 which section 2578, this Supplement,
amended this section and provided that
§ 2532. Soft drinks tax.
See this section in 1934 Supplement.
§ 2543. Contractors tax.
See § 70S4-1 hereof for licensing of certain contractors.
§ 2554-1. Service of executions issued by tax commission.
See this section in 1934 Supplement.
§ 2555-1. Tax on oleomargarine.
See this section in 1934 Supplement.
§ 2557-1. Beer, ales, porter, and certain wines. — (1) When Non-Alcoholio
and Non-Intoxicating. — Any other Acts or parts of Acts to the contrary not-
withstanding, all beers, ales, porter, and all other similar malt or fermented
beverages, containing not in excess of five (5%) per cent of alcohol by weight
and all wines containing not exceeding fourteen (14%) per cent of alcohol by
weight are hereby declared to be non-alcoholic and non-intoxicating beverages.
(2) Tax — Distribution. — There shall be levied and collected on all beers,
ales, porter and other similar malt or fermented beverages by whatsoever name
called, containing not more than five (5%) per Cent of alcohol by weight, and
all wines containing not more than fourteen (14%) per cent of alcohol by
weight offered for sale in this state, a license tax of fifteen (15c) cents per
gallon : Provided, however, that if such beer, ale, porter, wine and other similar
malt or fermented beverages be offered for sale in bottles, or cans, there shall
be levied and collected a tax of one (lc) cent for every bottle, or can, containing
not more than six (6) ounces or fractional quantity thereof. The taxes and
license fees above provided for shall be paid to the South Carolina tax commis-
sion, forty (40%) per cent, of which shall be paid into the state treasury for
ordinary state purposes; forty (40%) per cent, shall be paid into the county in
which the wine or beer was sold at retail for general county purposes, and
twenty (20%) per cent, to the city, town or incorporated village in which the
§ 2557-1 1936 Supplement 102
wine or beer was sold at retail. In case of sales outside of towns, cities or in-
corporated villages, fifty (50%) per cent, of the tax and license fee shall be
paid into the state treasury for school purposes, and fifty (50%) per cent, to
the county in which the wine and beer was sold for general county purposes.
(3) Collection and Payment op Taxes — Administration by Tax Com-
mission. — The tax provided herein shall be paid by affixing stamps or crowns,
approved by the South Carolina tax commission, to each individual bottle or
container or in such other manner as the tax commission by regulation may
designate. The administrative provisions contained in sections 2521 to 2554,
inclusive, wherever applicable, are hereby adopted for the administration and
enforcement of this section. The South Carolina tax commission is hereby au-
thorized, empowered, and directed to promulgate rules and regulations for the
payment and collection of taxes hereby levied. The cost of stamps, supplies,
etc., and the administration of this section shall be paid out of the proceeds
derived from the collection of this tax upon warrants drawn by the tax com-
missioner upon the state treasurer.
(4) Examine and Inspect Records of Dealers. — The South Carolina tax
commission or any agent or representative designated by it for that purpose
and/or any and all peace officers or police officers of the state of South Caro-
lina shall have the power to enter upon the premises of any person, firm or
corporation selling or offering for sale any beer, ales, porter or wine, malt or
any beverage without a warrant and examine or cause to be examined any
books, records, papers, memoranda, or commodities and to secure any other in-
formation directly or indirectly pertaining to the enforcement of this section.
(5) Permit to Sell — Taxable on Delivery to Consignee. — Every person,
firm or corporation engaged in the business of selling beer, ale, porter, wine
or any beverage legalized under the provisions hereof, shall apply to the South
Carolina tax commission for a permit to sell such beverages. Fees for all permits
shall be pa3 r able January 1st of each year or before commencing the sale of bev-
erages legalized herein. Permits shall be issued for calendar years upon the pay-
ment of the fees provided herein for a full year.
The fees charged for permits herein shall be prorated quarterly on January
1st, April 1st, July 1st and October 1st of each year, and any dealer commenc-
ing business during one of these quarters shall be required to pay for the
quarter in which business is commenced and for the quarters during the re-
mainder of the year, but no refund shall be made to a dealer who ceases bus-
iness after securing a permit.
In addition to the penalties provided herein, the tax commission may re-
voke the permit of any person, firm or corporation failing to comply with any
or all of the requirements hereof.
Any dealer, wholesale or retail, failing to secure permits required in this
subsection shall be guilty of a misdemeanor and upon conviction shall be
subject to a fine of not less than ten ($10.00) dollars nor more than one hun-
dred ($100.00) dollars, or imprisonment not less than ten (10) days nor more
than thirty (30) days in the discretion of the court. Each day that such bus-
iness is carried on without a permit shall constitute a separate offense.
All of the licenses and taxes imposed by this subsection shall also apply
to any and all beers, ales, porter, wine and/or other similar malt or fermented
beverages containing not more than 5% alcohol by weight which may be shipped
into this state for the purpose of distribution after it has lost its interstate
103 Code of Laws of South Carolina § 2557-1
immunity. A shipment shall be considered to have lost its interstate immunity
when delivery has been made to the consignee in this state.
(6) Separate Permit Required for Each Separate Place of Business.
Retail dealers shall procure a separate permit for each and every place in which
retail sales of beverages enumerated in this section are made, and for each and
every retail permit shall pay to the South Carolina tax commission two ($2.00)
dollars per annum.
Wholesale dealers shall procure a separate permit for each and every place
from which the beverages enumerated in this section are distributed, and for
each and every such permit shall pay to the South Carolina tax commission two
hundred ($200.00) dollars per annum.
(7) "Wholesale Dealer" and "Retailer" Defined.— A "wholesale
dealer" is defined as being a dealer who makes the first sale within this state of
any quantity of any of the beverages subject to tax under the provisions of
this section, whether such sale is made to a consumer, retailer or wholesaler.
A "retailer" is defined as being a dealer, not making the first sale, who sells
beverages subject to tax under the provisions of this section for personal con-
sumption.
(8) Unlawful to Sell unless Tax Thereon Paid— Penalty.— It shall
be unlawful for any person, firm or corporation to sell or permit to be sold,
any beer, ale, porter, wine, malt, or any beverage authorized to be sold here-
under, on which the tax levied be not paid ; and any person having charge of
the sale of such fermented malt or beverages who shall sell or permit them
to be sold in violation of the provisions of this section, shall be deemed guilty
of a misdemeanor, and shall be fined for each offense not less than twenty-
five ($25.00) dollars nor more than one hundred ($100.00) dollars, or imprison-
ment for a period of not less than ten (10) days nor more than thirty (30)
days in the discretion of the court.
(9) Taxes herein in lieu of Other Taxes and License on Beer and Wine.
—The taxes provided for in this section shall be in lieu of all other taxes and
licenses on beer and wine, of the state, the county or the municipality and shall
include licenses for its delivery by the wholesaler.
(10) Alcoholic Liquors or Beverages in Statutes Constructed. Wher-
ever in the penal and civil statutes of the state as enacted prior to the approval
hereof the words "alcoholic liquors or beverages" or like words appear, said
words shall be construed to mean alcoholic liquors or beverages of greater than
alcoholic content than 5% by volume.
(11) Brewery— Winery— (a) Construct, Maintain or Operate.— It shall
be lawful for any person, firm or corporation to construct, maintain, or operate
any brewery or winery within this state for the production of any of the
beverages legalized hereunder.
(b) Construct, Maintain or Operate— License Tax.— Any person, firm or
corporation desiring to construct, maintain or operate a brewery or winery under
the provisions of this section shall first apply to the South Carolina tax com-
mission for a permit so to do ; such application shall be in writing in such form
as the South Carolina tax commission may prescribe, and such person, firm or
corporation so applying for such permit shall be subject to the payment of an
annual license tax upon each brewery, and on each commercial winery, to be
| established and operated, of one hundred ($100.00) dollars, which shall be paid
to and collected by the South Carolina tax commission before permit is issued ;
provided, however, the owner and operator of any such winery who consumes'
§ 2557-1 1936 Supplement 104
in the operation thereof, only the fruits produced on his own farm or premises
shall be subject to the payment of a license fee of only five ($5.00) dollars per
annum. Each and every license or permit shall expire on the thirty-first day
of December of each and every year. The fees charged for permits for the
operation of breweries and wineries, as provided herein, shall be prorated
quarterly on January 1st, April 1st, July 1st and October 1st of each year, and
any brewer or commercial wine manufacturer commencing business during one
of these quarters shall be required to pay for the quarter in which business is
commenced and for the quarters during the remainder of the year, but no
refund shall be made to a dealer who ceases business after securing a permit.
(c) Tax Commission Issue Rules and Regulations. — The South Carolina
tax commission shall have authority and it is hereby required to make such
rules and regulations for the operation of breweries and commercial wineries
authorized hereunder, and such rules and regulations after they are reduced to
writing and mailed, or othewise • delivered to the person, firm or corporation
operating a brewery or winery, shall have the force and effect of law, and upon
violation of any such rules and regulations, the license or permit provided for
herein shall be forthwith canceled and become null and void.
(d) Operating Without Permit — Penalty. — Any person, firm or corpora-
tion operating a brewery or winery without having secured a permit from the
South Carolina tax commission, or after the same has been canceled by the
South Carolina tax commission, shall be guilty of a misdemeanor; and, upon
conviction, shall be fined not less than one hundred ($100.00) dollars nor more
than five thousand ($5,000.00) dollars, or by imprisonment not more than one
(1) year, either or both.
(e) Stamp Products. — All wines and brewed products referred to in this
section shall be stamped by the manufacturer or producer in the manner pro-
vided by law for paying the tax on soft drinks, and at the rates hereinabove
provided: Provided, however, the manufacturer or producer of beer or wine
shall not be required to affix the tax paid crowns or stamps to beer and wine
intended to be sold outside this state.
(f) Administration and Enforcement. — For the purpose of administration
and enforcement hereof so much of sections 2521-2554, inclusive, wherever ap-
plicable, are hereby adopted and made a part hereof. 1933 (38) 287, 576; 1934
(38) 1439; 1935 (39) 263, 268, 276, 325, 467, 1211; 1936 (39) 1477.
Subsection 1 comes from 1936/1780. Sub- Charleston County, 1935/374 ; Cherokee
section 2 comes from 1936/1780 and 1935/ County, 1933/439 ; Jasper County, 1933/426 ;
1211. Subsections 3, 4, 5. 8, 9, and 10 come Kershaw County, 1933/511 ; McCormick
from 1933/2S7, 576; 1934/1439; 1935/268. County, 1933/439; Williamsburg County,
Subsections 6 and 7 come from 1935/263. 1933/581; York County, 1933/439; City of
Subsection 11 comes from 1935/1211 and Spartanburg, 1935/354.
1936/1477. Pay state's portion of revenue in special
Disposition of revenue received from school account monthly. — See § 1829 (32)
beer, wine and alcoholic beverages : hereof.
§ 2558. Power tax— exemptions. — (c) In addition to all other taxes of
every kind now imposed by law, every person, firm or corporation engaged in
the business of selling electric power within the state of South Carolina shall
be subject to the payment of an excise, license, or privilege tax of five-tenths of
one mill upon each kilowatt hour of electric power sold in the state of South
Carolina and said tax shall be paid to and collected by South Carolina tax
commission : Provided, that if such seller procures electric power which has been
subject to the payment of the excise, license, or privilege tax hereinabove pro-
vided in subdivisions (a) and (b), a credit on said sales tax to the amount of
105 Code of Laws of South Carolina § 2578
five-tenths (5/10) of one mill on each kilowatt hour sold, shall be allowed: Pro-
vided, further that the provisions of sections 2558 to 2564 shall not apply to
the electric power manufactured or generated in another state and brought into
this state until such power has lost its interstate character and immunities:
Provided, further, that the provisions of sections 2558 to 2564 shall not apply
to any person, firm or corporation owning and operating an electric manufactur-
ing or generating plant of ten horse power or less, nor shall the provisions of
sections 2558 to 2564 apply to industrial plants manufacturing or generating
power for its own use, or for use upon its own premises by its bona fide opera-
tives or employees but the tax shall be paid upon so much thereof as may be
sold to other than its employees: Provided, farther, that the provisions of sec-
tions 2558 to 2564 shall not apply to municipalities manufacturing or generating
electricity for the use of its customers. 1935 (39) 275.
Manner of allowing credit changed in §§ 2558-2564 impose two distinct taxes:
the first proviso, 1936/275. one a production tax, and the other a sales
§§ 255S-2564 are constitutional. Duke tax. Station and line are system lost not de-
Power Co. v. S. C. Tax Commission, 81 F. ductible in assessing production tax. Duke
(2nd) 513. Broad River Power Co. v. Query, Power Co. v. S. C. Tax Commission, 81 F.
54 S. Ct., 326. (2nd), 513.
§ 2561. Saving clause — captions. — If any clause, sentence, paragraph or
part of sections 2558 to 2564 shall, for any reason, be adjudged by any court
of competent jurisdiction to be invalid, such judgment shall not affect, impair or
invalidate the remainder of sections 2558 to 2564, but shall be confined in its
operation to the clause, sentence, paragraph or part thereof directly involved
in the controversy in which such judgment shall have been rendered. No caption
of any section or set of sections shall in any way affect the interpretation of
sections 2558 to 2564 or any part thereof. 1935 (39) 275.
All after the word "thereof," line nine, Co. v. S. C. Tax Commission, 81 F. (2nd),
this section, 1932 Code, repealed by 1935/ 513.
275. Act on page 276 of 1935 acts amending
Rights to funds paid hereunder under this section construed as operating pros-
protest not affected by amendment to this pectively. Duke Power Co. v. S. C. Tax
section (1935 Acts, page 276). Duke Power Commission, 81 F. (2nd), 513.
§ 2564. Use of tax.
Legislature direct funds raised under C, 399; 181 S. E., 476.
this section. Crawford v. Johnston, 177 S.
§ 2570. Enforcement of lien on realty.
See this section in 1934 Supplement.
§ 2578. Exemptions from taxes.— * * * (34) In addition to the securities
which may be deducted by banking institutions from their tax returns (to the
extent only of twenty-five per centum of their capital and surplus) as provided
in subdivision 33 of this section are added bonds and other obligations of the
state of South Carolina and any and all governmental and/or political sub-
divisions thereof. The securities on account of the ownership of which any bank-
ing institution claims the deduction or exemption herein referred to must have
been owned absolutely and in good faith by such banking institution continuously
for at least six months prior to the date of the tax return upon which such
exemption or deduction is claimed or from the date of issue of such securities :
Provided, that the requirement of six months' previous ownership of such
securities as may be exempted or deducted from such returns shall not apply to
banks or banking institutions, which have opened up and commenced business
within six months previous to the dates fixed by law for the making of such tax
returns, and that this proviso shall apply to returns made for the year 1935.
1935 (39) 358.
§ 2578 1936 Supplement 106
(42) All property of the American Legion, or of the Veterans of Foreign
Wars, or of the Spanish American War Veterans, or of Disabled American
Veterans of World War, whether belonging to the department or to any of the
posts in this state, when used exclusively for legion purposes, or for the purposes
of said other organizations, is hereby exempt from all state, county, municipal
and school taxes : Provided, however, that this exemption shall not extend to
any property owned by the legion, or said other organization, which is used for
any purposes other than club-rooms, offices, meeting place or for activities
directly in keeping with the policies stated in the national constitution of the
American Legion, or of such other organizations, as the case may be. 1935 (39)
129.
(49) All real estate owned, now or hereafter, by orphanages and educational
institutions in this state, acquired by gift or devise, until such real estate can be
disposed of, is hereby exempt from taxation each year for a period of five years
unless the income from said property for any year during that period becomes
sufficient to pay the taxes. 1932 (37) 1457; 1935 (39) 234; 1936 (39) 1652.
(49a) All real estate owned, now or hereafter, by orphanages and educational
institutions in this state, acquired under proceedings for the foreclosure of
mortgages securing loans made by orphanages and educational institutions as
investments of their endowment funds, and also trust funds, is hereby exempt
from taxation, including taxes due at the time of foreclosure sale and now
unpaid, for a period of five years, unless the income from said property during
that period becomes sufficient to pay the taxes. Provided, that Cherokee County
be exempted from the provisions of this subsection. 1936 (39) 1652.
(52) The property known as the John B. Adger Camp and used for cultural
and recreational purposes, and consisting of an unimproved tract of land in
Pickens County, containing about one hundred sixty acres, and owned by the
Young Men's Christian Association of this state, is hereby exempted from the
payment of all state and county taxes, so long as the above described property
remains in the possession of the present owners and is used for the purposes
enumerated herein. 1936 (39) 1293.
(53) All preferred stock and/or capital notes heretofore or hereafter issued
by national banks and state banks operating in South Carolina, and/or any
conversion thereof, under the authority and direction of the comptroller of the
currency of the United States and/or the federal deposit insurance corporation
shall be exempt from taxation. 1936 (39) 1650.
(54) Textile hall corporation in the city of Greenville, county of Greenville,
state of South Carolina, is hereby declared to be an eleemosynary society and
not used for the purposes of profit and all taxes heretofore assessed against
said society or institution and which have not been paid are hereby rebated andj
the said textile hall corporation is hereafter exempt from taxes by the state,
county or municipality. 1936 (39) 1666.
(55) St. Phillip's Mercy Hospital of the Sisters of the Third Order of St
Frances, an eleemosynary corporation located at Rock Hill, South Carolina,
together with all houses, furniture, real estate and property of every nature and
kind belonging to said hospital, and hereafter acquired and used for hospital
purposes in connection therewith are hereby exempted from all taxation for
state, county, school, municipal, special or other purposes of every nature. 1936
(39) 1699.
(56) No tax of any kind or description shall be collected by the state of South
Carolina, or any political sub-division thereof, on the sale of tickets to, or any
107 Code of Laws of South Carolina § 2609
income from any birthday ball held in this state in honor of President Franklin
D. Roosevelt where the payment and collection thereof as now provided by law
would reduce the amount to be contributed to the said charitable endowment
1936 (39) 1293.
(57) Lot in the town of Estill, Hampton County, donated by W. W. Baker and
on which was erected public library and recreation hall and together with any
building thereon is exempt from all taxes. 1934 (38) 2027.
Tax exemptions in Charleston County: empted from Oconee County taxes, 1933/
Heyward Washington house, and Manigault 25. Exemption of certain manufacturing
house exempted from Charleston County plants in Oconee County. 1934/1211.
taxes, 1933/4S4; 1936/1397. Certain manu- For other tax exemption : See particular
facturing establishments located in Charles- county in index.
ton County exempted from Charleston Public properties used for private pur-
County tax. 1933/265. Cooper River Bridge. poses in addition to their public uses are
Inc., may be exempt from taxes of city of not exempt from taxation hereunder. Bank
Charleston, 1932/1726, and also certain v. Greenville County, 174 S. C, 256; 177 S.
taxes of Charleston County, 1932/1727. E., 369.
Oconee County : Certain personalty ex-
§ 2585. Tax exemption of manufactories in Richland County.
See this section in 1934 Supplement.
§ 2590. Tax exemptions of manufacturing establishments in Greenville and
Sumter Counties.
John K. Croswell home exempt from from certain taxes, Sumter County, 1936/
Sumter County taxes. 1934/1573. 1707.
Certain manufacturing enterprises exempt
§ 2595. Orangeburg County and Florence County exempt certain manu-
facturing establishments.
See this section in 1934 Supplement.
§ 2597. Manufactories in Richland, Lancaster, Georgetown, Greenwood,
Marion, Cherokee, Saluda, and Laurens Counties exempt from county taxes
for five years.
See this section in 1934 Supplement. and township taxes for 5 years, Georgetown
Certain corporations exempt from county County, 1936/2292.
§ 2598. Exemption of certain manufacturing establishments in Spartan-
burg County.
See this section in 1934 Supplement.
§ 2600. Tax exemption of manufactories in Clarendon County.
See this section in 1934 Supplement.
§ 2607. When returned and how valued.
See this section in 1934 Supplement.
§ 2608. Return of real estate for taxation. — * * * Return of Real Estate
Situate in Two or More Counties for Taxes — Payment of Taxes. — All lands
situate in two or more counties shall be returned for taxation to the county
auditor of the respective counties in which said lands are situate, based on the
acreage in each county, and the taxes assessed thereon shall be paid to the county
treasurer of the county in which each portion of the land so assessed is situate.
Provided, that all taxes heretofore assessed and unpaid on such property shall
be paid to the county treasurer of the county in which the same has been re-
turned. All taxes on such lands heretofore paid on the basis of returns hereto-
fore made shall be retained by the county to which payment has been made,
and any lien for taxes on lands so situated is hereby declared to have been
discharged by the payment thereof to the county in which the same have been
returned. 1936 (39) 1433.
§ 2609. Dog tax — return — collection — lien.
See this section in 1934 Supplement.
§ 2610 1936 Supplement 108
§ 2610. Amount of dog tax. — There shall be levied on all dogs on January-
first of each year, in the state of South Carolina an annual license of one dollar
and twenty-five cents ($1.25) per head. The word "dog" or "dogs" as used
herein shall include all animals of the species : male and female, old and young,
except a suckling pup. Provided, that no capitation tax shall be levied upon the
dogs of Union, Anderson and Abbeville Counties. 1933 (38) 245; 1935 (39) 70.
Last proviso added by 1933/245, 1935/70.
§ 2611. Receipts and tags — time of payment
See this section in 1934 Supplement.
§ 2612. Keep license on dog — counties exempted from dog tax.
See this section in 1934 Supplement.
§ 2613. Non-payment — penalty — disposition of fines.
See this section in 1934 Supplement.
§ 2614. Fee of county treasurer.
See this section in 1934 Supplement.
§ 2615. School trustees to assist.
See this section in 1934 Supplement.
§ 2619. Tax on dogs in Darlington, Georgetown, Lee, Berkeley, Chesterfield,
Aiken, York and Lexington Counties. — There shall be levied on all dogs, ir-
respective of age, in the counties of Darlington, Georgetown, Lee, Berkeley,
Chesterfield, Aiken, York and Lexington an annual tax of one ($1.00) dollar,
said dogs to be listed at the same time and in like manner as other personal
property is listed, the tax to be collected at the same time as other taxes are
now collected. All taxes collected in pursuance of this section shall be credited
to the respective school districts in Darlington, Georgetown, Lee, Berkeley,
Chesterfield, Aiken, York and Lexington Counties from which the same shall
be collected: Provided, that in each school district of said counties a census of
all dogs in said district may be taken by the school trustees or under their direc-
tion, the cost of same, not to exceed twenty-five ($25.00) dollars for each
district. The sum of twenty-five ($25.00) dollars provided for this section for the
taking of the census of all dogs in the school district shall be paid out of the
school funds of such district as requires and takes said census; Provided, that
commencing with the year 1936, the capitation tax on dogs in York County shall
be fifty (50c) cents each. 1935 (39) 107.
§ 2621. Capitation tax on dogs in Dorchester County. — Repealed by 1933
Acts, page 69.
§ 2669. Banks required pay tax on stock.
Stock exempt from taxation. — See § 257S (53) this supplement.
§ 2678-1. Tax commission to collect corporation license fees and taxes due
under §§ 2678 to 2690-A.
See this section in 1934 Supplement.
§ 2681. Fees of domestic corporations. — Every corporation organized under
the laws of this state to do business for profit, other than railroad companies,
express companies, street railway companies, navigation companies, waterworks
companies, power companies, light companies, telephone companies, telegraph
companies, parlor, dining and sleeping car companies, shall upon the filing of
the report required of them in section 2678 pay to the state treasurer, on ori
before the first day of April in each year, an annual license fee of one mill upon
each dollar paid to the capital stock of. said corporation, said license fee not to
be less than five dollars in any case : Provided, that nothing contained in sec-
tions 2678 to 2690, inclusive, shall be construed to apply to any building and
109 Code of Laws of South Carolina J698
loan association doing a strictly mutual business: Provided, further, thai in the
of a domestic corporation having part of its capital stock invested in
property and osed in the conduct of its business beyond the borders of the
state, that such corporation be credited with that portion of the tax representing
the proportion thai the value of the corporation property used in the conduct
of its business beyond the borders of this state bears to the total value of the
corporation property. L935 I 39 I
; proviso i" this section added i>\ the capital of d< istic corporation
135. invested In property In other states Pace-
entlon Is called to section 2678-1, lei Mfg. Oo. r. Query, I7i s. 0., 850; ITT
(1932 1392) 1934 Bupplement which pro- 8. B., 653,
rides tliat the ta\ commission coiled Editor's Note: See this section as amend-
corporation license fees and taxes due ed by 1935 acts, page 135.
under sections 2678-2690 \ Present section Transfer of surplus fund i" capital stock
L'i'.si as it was re-enacted bj 1938 L85 pro- makes said dividend capital Btock taxable
rides for the annual license fee to be paid under this section and sections 2690 I and
e state treasurer. 2690-A. Pacolel KCfg. Oo. r. Query, 174 s.
The tax commission has the righl to as- c, 859; 177 s. i:.. <;:.::.
this license tax againsl so much of
§ 2682. Fees of foreign corporations upon property used in state.
• his Bed Ion in L93 1 Bupplement
§ 2685. License fee upon gross income in South Carolina.
; bis Bed Ion In 193 1 Supplement.
§ 2686. Tax commission's receipt — reports.
-I in 1934 Bupplement
§ 2687. Penalty for failure to report — collection.
Bee this section In 1984 Bupplement
§ 2690-A. Additional license fees required. — * * * (1) Licens Pebb —
Sen: * * * (b) Upon each corporation organized under the laws of
this state to do business t',,r profit other than those enumerated above, one mill
upon each dollar paid t<> the capital stuck of said corporation: Provided, thai
in t! ' a domestic corporation haying part of its capital stock invested in
erty and used m the conducl of it- business beyond the borders of the state,
that such corporation be credited with thai portion of the tax representing the
proportion that the value of the corporation property used in tl induct of its
business beyond the borders of this state bears to the total value of the corpora-
tion property. L9i 135.
Prorlso to subdivision (b) added by I 2681.
1935 135.
§2690-1. Further additional license fees required. — 1 Schedule
— • • * (b) Upon each corporation organized under the laws of this state
to do business for profil other than those enumerated above, one mill apoc
dollar paid to the capital Btock of said corporation, ezcepl mutual building and
loan tions, which are | pted: Provided, thai in the c
domestic corporation having pari of its capital stock invested in property and
: in the c isiness beyond the borders of the state, thai
redited with thai portion of the tax representing the proportion
value of the corporation property used in the conduct of its bus
the bord irs to the total value of the corporation
39 L35.
Proviso t" subdivision (b) added by notes to I 2681,
1935
§ 2698. County auditors.
ii in 198 1 Bupplement 1644-1.
l'<>r bond of McCormack County auditor
§ 2699 1936 Supplement 110
§ 2699. Term of office of auditor and treasurer in Dillon County.
See this section in 1934 Supplement.
§ 2700. Salaries of county auditors and treasurers. — Repealed by 1936 Acts,
page 1805.
§ 2703. Time for making returns to county auditors.
See this section in 1934 Supplement.
§ 2712. When tax books shall be made up — transmission and contents. —
* # * Provided, that in Charleston county the final date fixed by this sec-
tion shall be the thirty-first day of July, in each year, instead of the thirtieth
day of June, in each year. 1936 (39) 1612.
Above proviso added by 1936/1612.
§ 2727. How returns are made and kept correct.
See this section in 1934 Supplement.
§ 2736. Tax districts. — * * * Provided, that in the county of Greenville
each school district shall constitute a tax district, provided that the provisions
of this proviso shall not effect the assessment and collection of taxes in the
greater Greenville sewer district, 1935 (39) 247.
§ 2737. Assessment of property for taxation by township boards of as-
sessors, etc.
This section was amended by 1933/399, 1934/1207, city of Spartanburg, 1936/1708,
relating to Darlington County, however, town of Hickory Grove, 1936/364.
the said 1933 act was repealed and this Board of assessors and equalization,
section restored to the status it was before Oconee County, 1934/1325, 1615.
the said 1933 act was enacted 1935/60. School district assessors, Cherokee Coun-
Board of assessors, Spartanburg County, ty, 1934/1534.
§ 2749. Appointment of board of assessors in cities and towns.
Spartanburg city board of assessors, Grove, 1935/364.
1936/170S. See § 2737 hereof.
Board of assessors, town of Hickory
§ 2757. Assessors in Clarendon County — duties — compensation — terms.
See this section in 1934 Supplement.
§ 2758. Assessors for Dorchester County. — Repealed by 1933 Acts, page 8.
§ 2769. Board of tax assessors, town of St. George. — Repealed by 1934
Acts, page 1259.
§ 2774. Election — term — organization. — The said board of assessment shall
be elected at the next general election : Provided, that in the county of Charles-
ton, five of the members of the board of assessment shall be residents of the city
of Charleston, one a resident of that section of the county of Charleston to the
east of the Cooper river, one a resident of that section of said county outside of
the city of Charleston north of the city boundary and between the Ashley and
the Cooper rivers, and one a resident of said county to the west of the Ashley
river. The said board of assessment shall hold office for four years and until
their successors shall have been elected. Upon the election of the said board, the
members shall meet and organize, and elect from their number a chairman, who
shall preside at all meetings. Any vacancy now existing or hereafter occurring
in the said board by reason of death, resignation, removal, incapacity, or other-
wise, shall be filled by election of a successor by the remaining members of said
board, together with the county auditor and county supervisor; and such
successor shall hold office until the expiration of the terms of the other members
of said board. Provided, that the county committee of any county containing a
city of over 60,000 population according to the 1930 United States census shall
Ill
Code of Laws of South Carolina
§ 2795
be at liberty to order a primary election for the office of members of the board
of assessment and equalization in said county. 1936 (39) 1466, 1445.
The method of filling vacancies changed added by 1936/1466.
by 1936/1445. Last proviso to this section
§ 2779-A. Board of tax appeals for counties under §§ 2773-2788.—* * *
They shall each receive for their services as a member of such board the sum of
seventy-five ($75.00) dollars per annum. * * * 1936 (39) 1773.
This section remains as it is in 1934 Sup- seventy-five ($75.00) dollars per annum
plement except as the above sentence in the instead of five ($5.00) dollars per meeting,
first paragraph will show. The compensa- meetings not to exceed twenty,
tion of the members of the board fixed at
§ 2785. Compensation of board.
See this section in 1934 Supplement.
§ 2789. County treasurer.
See this section in 1934 Supplement. see § 4644-1.
For bond of McCormick County treasurer
§ 2794. County treasurer may attend convenient place to collect tax. — The
county treasurer of the respective counties may attend at certain safe and
convenient places for the purpose of collecting taxes. They shall give twenty
days' public notice of the days when they will be at the places designated:
Provided, that the provisions of this section shall not apply to the counties of
Orangeburg, Clarendon, Edgefield, Florence, Colleton, Pickens, Marlboro, Abbe-
ville, Kershaw, Newberry, Calhoun, Saluda, Fairfield, Lancaster, Hampton,
Barnwell, Dillon, Sumter, Spartanburg, Williamsburg, York and Horry. 1935
(39) 102.
Horry County added to proviso, 1935/102.
§ 2795. Taxes payable annually — how payable. —
Date Tax Books Open in Aiken County,
1933/475; Allendale County, 1933/423;
Bamberg County, 1933/430; Beaufort
County, 1933/499; Lexington County, 1933/
228; Marlboro County, 1933/522.
Delinquent Taxes Payable in Install-
ments in Aiken County, 1936/1909 ; Allendale
County, 1933/423; Anderson County, 1934/
1744; Bamberg County, 1933/430, 1934/
1384; Chester County, 1934/1849; Chester-
field County, 1933/543, 1934/1862; Claren-
don County, 1933/540, 1934/1408; Colleton
County, 1933/532, 1934/1887, 1893 ; Darling-
ton County, 1932/134S. 1933/353. 1934/1900 ;
Edgefield Countv, 1933/335 ; Fairfield Coun-
ty, 1933/331, 1934/1951; Florence County,
1933/217, 355 ; 1934/1968 ; Georgetown Coun-
ty, 1934/1974; Greenwood County, 1933/ 326.
County, 1933/430; Clarendon County, 1932/
1267; Darlington County, 1932/1267; Edge-
field County, 1932/1492; Greenville County,
1932/1267; 1933/390; Lee County, 1932/
1492; Lexington County, 1933/228; Marion
County, 1932/1267; Marlboro County, 1932/
1492; 1933/522; Newberry County, 1932/
1359, 1935/218; Oconee County, 1933/390,
1934/1449 ; Sumter County, 1932/1447.
Notices of Taxes Due: Sumter County,
1932/1447.
Pay in Installments: Aiken County, 1933/
475; Allendale County, 1933/423; Bamberg
County, 1933/430; Beaufort County, 1933/
499; Fairfield County, 1933/331; Lexington
County, 1933/228; Marlboro County, 1933/
522, 1934/2119; Newberry County, 1933/
462; Greenville County, 1932/1348; 1934/
2001 : Hampton County, 1933/427 ; Kershaw
County, 1933/470; Laurens County, 1932/
1348; Lee County, 1932/1388, 1933/217,
355, 1934/1968; Lexington County, 1933/
228; Marion County, 1933/348; Marlboro
County, 1933/522; Oconee County, 1933/
335; Orangeburg County, 1932/1560; Rich-
land County, 1932/1558, 1933/147; Saluda
County, 1933/295; Spartanburg County,
1933/370. 1934/2193 ; Sumter County, 1932/
1443, 1933/443; Williamsburg County,
1933/556.
Discount on Taxes: Aiken County, 1933/
475; Allendale County, 1933/423; Bamberg
Payment of Taxes with School Claims
and County Claims: Allendale County,
1933/322, 1934/1255; Calhoun County,
1933/110, 324; Clarendon County, 1933/95;
Darlington County, 1933/219, 829 ; Edgefield
County, 1933/276; Fairfield County, 1933/
331; Lancaster County, 1934/2051; New-
berry Countv, 1933/326; Williamsburg
County, 1933/110, 324; York County, 1934/
2229.
Determination of Taxes on Real Estate
Sold to United States: Chesterfield Coun-
ty, 1935/425, 1936/1776; Kershaw County,
1935/265.
§ 2804 1936 Supplement 112
§ 2804. Deposit of Abbeville County funds.
See this section in 1934 Supplement.
§ 2805. Officials in Anderson County require bond for deposits of publio
funds.
This section was amended by 1936/1365. Transport v. South Carolina Tax Commis-
This section is constitutional. Eastern sion, 52 S. Ct., 340.
§ 2807-1. Deposits of public funds in Beaufort County.
See this section in 1934 Supplement.
§ 2808. Treasurer of Berkeley County to take security for deposits of all
county funds.
See this section in 1934 Supplement.
§ 2808-6. Clarendon county funds — deposit — investment.
See this section in 1934 Supplement.
§ 2810. Deposits of public funds in banks of Darlington County.
This section amended by 1933/451, however, the said 1933 act was repealed by 1936/1289.
§ 2811. Deposit of sinking funds, Dillon County.
See this section in 1934 Supplement.
§ 2812-1. Deposit of public funds in Edgefield County.
See this section in 1934 Supplement.
§ 2815. Deposit of public funds in Georgetown County.
See this section in 1934 Supplement.
§ 2815-2. Deposit of public funds in Greenwood County.
See this section in 1934 Supplement.
§ 2816. Deposit of Hampton County funds — bonds of auditor and treasurer.
This section amended by 1932/1112 and Security for deposits of Hampton Coun-
1935/171, 383. ty funds in banks with deposits insured by
Additional securities give secure deposits, FDIC reduced, 1936/2365.
Hampton County, 1935/383.
§ 2818. Deposit of public funds, Kershaw County.
See this section in 1934 Supplement.
§ 2818-1. Deposit of Lancaster County funds.
See this section in 1934 Supplement.
§ 2820. Treasurer of Lexington County obtain security for deposits.
This section amended by 1935/42.
§ 2822. Deposit of public funds in Newberry County.
See this section in 1934 Supplement.
§ 2823. Oconee County treasurer requires security for deposit of county
funds. — Repealed by Acts of 1933, page 583.
§ 2824. Security required for deposits of Pickens County funds.
See this section in 1934 Supplement.
§ 2825. Treasurer of Richland County must obtain security for deposit.
See this section in 1934 Supplement.
§ 2825-2. Security required for deposits of Spartanburg County.
1933/386 providing for deposit of public 1935/34S.
funds in Spartanburg County repealed by
§ 2826. Investments by county treasurer of Sumter County.
See this section in 1934 Supplement.
§ 2827. Deposit of public funds in Williamsburg County. — Repealed by
1934 Acts, page 1559.
Bank receiving deposits from county con- bank should hold these funds for the benefit
trary to this statute acquire no title there- of the county, separate and apart from its
to and as to these funds, the relationship of assets. Cook v. Elliott, 73 F. (2nd), 916.
debtor and creditor do not exist and the
§ 2829. Annual report to court of general sessions — exceptions.
See this section in 1934 Supplement.
113 Code of Laws of South Carolina § 2854
§ 2830. Delinquent taxes — penalty — execution. — When the taxes and as-
esssments or any portion thereof charged against any property or party on the
duplicate for the current fiscal year, shall not be paid on or before the 31st day
of December, the county auditor shall proceed to add a penalty of one per cent,
on the county duplicate, and the county treasurer shall collect the same; and
if the said taxes and assessments and penalties are not paid on or before the
first day of February next thereafter, an additional penalty of one per centum
thereon shall be added by the county auditor on the county duplicate and
collected by the county treasurer ; and if the said taxes, penalties and assessments
are not paid on or before the first day of March next thereafter, an additional
penalty of one per centum thereon shall be added by the county auditor on the
county duplicate and collected by the county treasurer; and if the said taxes,
penalties and assessments are not paid on or before the first day of April next
thereafter, an addition penalty of four per centum thereon shall be added by
the county auditor on the county duplicate and collected by the county treasurer,
and if the said taxes, penalties and assessments are not paid on or before the
fifteenth day of April next thereafter, the said county treasurer shall issue his
tax execution for the said taxes, assessments and penalties against the property
of the defaulting taxpayer, according to law. 1936 (39) 1389.
Penalties on delinquent taxes were changed by 1936/13S9.
§ 2831. Mortgagee may pay tax and include same in mortgage debt.
Where second mortgagee paid taxes on mortgagee's subsequent foreclosure suit,
mortgaged property pending his foreclosure First Carolinas Joint Stock Land Bank of
suit in which he did not join first mort- Columbia v. McNiel, 177 S. C, 332 ; 181 S.
gagee and did not assert his right to lien E., 21.
for taxes so paid and decree made no al- Cross reference. — See § 8712-3 hereof for
lowance therefor, second mortgagee not priority of advancements made under real
entitled to payment of such taxes from estate mortgages for taxes, public assess-
proceeds of sale of same land in first ments, insurance premiums and repairs.
§ 2843-1. Charge off losses of public funds in any county office on consent
of comptroller general.
See this section in 1934 Supplement.
§ 2853. Treasurer issues execution to sheriff — form of.
See this section in 1934 Supplement.
§ 2854. Fees and charges allowed — treasurer — sheriff. — The treasurer for
every such warrant issued shall have from such defaulter one ($1.00) dollar;
and the sheriff shall take from such defaulter the following fees in the execution
of his office; to-wit, for serving each warrant, one ($1.00) dollar, besides mileage
at the rate of five (5c) cents for each mile actually traveled in executing the
warrant; for advertising sale twenty-five (25c) cents; for making sale and
executing deed of conveyance, and putting purchaser in possession, three ($3.00)
dollars; and for all sums levied as aforesaid, five (5%) per cent, and the sheriff
is prohibited from demanding or collecting any greater sum therefor than is
hereby allowed; and neither the sheriff nor county treasurer shall receive fees
upon nulla bona returns: Provided, that the treasurer of Marion County shall
not receive from salary, fees or other compensation any amount above twenty-
four hundred ($2,400.00) dollars annually, and that all fees, costs and salary
in excess of twenty-four hundred ($2,400.00) dollars per year shall be returned
into the general fund of the county : Provided, that the treasurer for Williams-
burg County for every such warrant issued shall take from such defaulter fifty
(50c) cents; and the sheriff of Williamsburg County shall take from such de-
faulter the following fees in the execution of his office, to-wit, for serving each
warrant, fifty (50c) cents, besides mileage at the rate of five (5c) cents for each
mile actually traveled in executing the warrant; for advertising sale twenty-
§ 2854 1936 Supplement 114
five (25c) cents, for making sale, executing deed of conveyance and putting
purchaser in possession, three ($3.00) dollars: Provided that if the defaulting
taxpayer redeems the property sold within the period allowed by law for same,
and no deed of conveyance or putting purchaser in possession is necessary,
then the sheriff shall return to the purchaser two ($2.00) dollars and not
charge same against the party redeeming. The sheriff is prohibited from demand-
ing or collecting any greater sum therefor than is hereby allowed, and should
the sheriff, or his deputies, or anyone acting as agent of the sheriff, collect any
greater sum from any delinquent taxpayer than is herein provided, the bond
of the sheriff shall be liable therefor, and any aggrieved taxpayer by his proper
action in the court of common pleas for Williamsburg County may recover of
the sheriff and against his bond a penalty of two hundred ($200.00) dollars.
Neither the sheriff nor county treasurer shall receive fees upon nulla bona re-
turns : Provided, that in Clarendon County all of the fees and charges provided
in this section and collected by said officers shall be paid by them to the county
treasurer for credit to the ordinary funds of said county monthly and in such
manner as may now or hereafter be provided by law except the mileage pro-
vided for the sheriff in cases when such mileage is earned and collected by him
he shall also retain as his compensation fifty (50c) cents of the fee of one
($1.00) dollar collected for serving the warrant: Provided that beginning July
1, 1931 the treasurer of Dillon County for every such warrant or tax execution
issued shall be allowed only fifty (50c) cents as his fee. Provided, that the
treasurer of Beaufort County for every such warrant or execution issued shall
have from such defaulter the sum of one ($1.00) dollar; and the sheriff shall
be entitled to collect in such default the following fees for his services in the
performance of his duties in the collection of delinquent taxes, that is to say,
for serving each warrant or execution, one ($1.00) dollar, besides mileage at the
rate of five (5c) cents per mile for every mile actually traveled in executing the
warrant, not to exceed, however, twenty-five (25) miles when real estate is seized;
for advertising sale twenty-five (25c) cents; for making sale one ($1.00) dollar;
for executing deed of conveyance for putting purchaser in possession two
($2.00) dollars; and a commission of five (5%) per cent on the amount of
delinquent taxes collected. That the sheriff shall be allowed only the five (5%)
per cent commission above provided for, and the other fees above provided for
shall be charged against and collected from the taxpayer only when the services
for which they were charged are actually performed. That neither the sheriff
nor county treasurer shall receive fees upon nulla bona returns; nor shall the
sheriff or county treasurer receive fees on those properties sold to the county
forfeited land commission, except however, the sheriff shall be entitled to a fee
of fifty (50c) cents for serving each warrant or execution, and the amount of
one ($1.00) dollar for executing the deed of conveyance and putting the forfeit
land commission in possession. 1935 (39) 398.
Present section 2854 comes from 1935/ For fees and commissions of sheriff and
398. The said act made no mention of 1934/ treasurer of Edgefield County, see 1933/
1284, (which provided the fee for making 78; disposition of execution fees collected
sale and executing deed, and putting by treasurer of Cherokee County, see 1933/
purchaser in possession, Clarendon Coun- 398; tax execution fees payable to sheriff
ty) ; 1934/1598 (which provided the fees and treasurer of Newberry County elim-
of sheriff and treasurer for collecting de- inated see 1933/158 and § 4684-1. See 1934/
linquent taxes, Chesterfield County) ; and 1474, § 4365, for mileage on tax executions,
1933/327 (which provided the fees and Florence County.
charges for collecting delinquent taxes, "Levy" defined. — Plaxico v. Webster, 175
Richland County). See section 2854, 1934 S. C, 69; 178 S. E., 270.
Supplement.
115 Code of Laws of South Carolina § 2871
§ 2855. Seizure, advertisement and sale under execution for delinquent
taxes — redemption — execution of title. — * * * Provided, that in Beaufort
County when the sheriff seizes real estate he shall post a notice at one or more
conspicuous places on the premises reading : ' ' Seized by sheriff for delinquent
taxes", and the posting of said notice or notices shall be equivalent to the taking
of exclusive possession thereof. The sheriff shall keep a record of the date of
the seizure of all real estate seized under this section. 1935 (39) 398.
The above proviso added by 1935/398. mere sale itself does not operate at once
See notes to § 2859. to transfer title to the purchaser. 26 R. C.
Sale of real estate for taxes does not L., 427 ; 61 C. J., 1291. Crook v. Hartford
operate as a final and irrevocable di- Fire Ins. Co., 175 S. C, 42 ; 178 S. E., 254.
vestiture of the title of the owner. The
§ 2855-1. Collection and payment of recording fees on transfers of real es-
tate sold for delinquent taxes.
See this section in 1934 Supplement.
§ 2855-2. Levy and sale of personal property for taxes.
See this section in 1934 Supplement.
§ 2857. Purchase by auditor for sinking fund commission — how titles to be
made, etc.
See this section in 1934 Supplement.
§ 2859. Sheriff's deed prima facie evidence of good title.
Two years' statute of limitations does not Smith, S. C, ; 185 S. E., 911.
run against infants having interest in land Mere statement by deputy sheriff he
sold at tax sale. Glymph v. Smith S. would have to make levy on land, in ab-
C., ; 1S5 S. E., 911. sence of exhibition of tax execution and no-
where sheriff did not take possession of tification to owner he had taken possession
land sold at tax sale before sale, and pur- of land, insufficient to constitute taking pos-
chaser at sale had never had possession, session, and hence tax sale of such property
claim of former owners who had remained - and deed to purchaser were invalid.
in possession at all times not barred by two Glymph v. Smith, S. C, ; 185 S.
years' statute of limitations. Glymph v. E., 911.
§ 2861. Duties of sheriffs as to tax executions.
See this section in 1934 Supplement.
§ 2865-3. Tax collector, Allendale County.
1936/1450 provides for tax collector for Allendale County.
§ 2866. Tax collector, Anderson County.
1935/51 and 1936/1530 should be con- collector, etc., for Anderson County. See
suited for provisions providing for tax section 2S61, 1934 Supplement, also.
§ 2867. Tax collector, Calhoun County.
See this section in 1934 Supplement. •
§ 2868. Tax collector, Cherokee County.
See this section in 1934 Supplement.
Person recommended hereunder for ap- that the land (or personal property) is
pointment as tax collector not entitled to liable to a specific lien," the lien for taxes
appointment, where he had no registration due to the state and county. Gassaway v.
certificate and so was not a qualified elec- Hall, 3 Hill (21 S. C. L.), 289; 36 C. J.,
tor. Blalock v. Johnston, S. C, ; 1032, 25 Cyc, 206. Plaxico v. Webster,
1S5 S. E.. 51. Tax Collector, 175 S. C, 69 ; 178 S. E., 270.
Tax collector does not have to actually Appointment of Cherokee county tax col-
make a sale of property, execute a deed of lector by Governor upon recommendation
conveyance, and put the purchaser into of Cherokee County legislative delegation
possession before he would be entitled to placed upon Governor purely "ministerial"
commissions on delinquent taxes and pen- duty. Blalock v. Johnston, S. C, ;
alties collected by him. The word "levy" 185 S. E., 51.
means "a specific declaration by the sheriff
§ 2869. Enforcement of the collection of delinquent taxes, Chester County.
See this section in 1934 Supplement.
§ 2871. Tax collectors in Darlington County.
1935/30, 103, provide for tax collector, County treasurer holds executions until
Darlington County. Said acts repealed. November 1 ; then tax collector to proceed
1934/1265, 1231. to levy and sell for taxes, 1934/1208.
§ 2871-1 1936 Supplement 116
§ 2871-1. Tax collector, Dillon County.
See this section in 1934 Supplement.
§ 2872. Tax collector, Edgefield County.— Repealed by 1933 Acts, page 78.
§ 2873. Tax commissioner, Fairfield County.
1935/239 provides for tax commissioner, Tax collector agent for forfeited land
Fairfield County. commission, 1935/239.
§ 2874. Tax collector, Florence County.
See this section in 1934 Supplement.
§ 2876. Delinquent tax collector, Greenville County.
See this section in 1934 Supplement.
§ 2876-1. Tax collector, Greenwood County.
1935/158 provides for tax collector, Greenwood County.
§ 2878. Tax collector, McCormick County.
§ 2878, 1932 Code, superseded by 1932/ 1932/1404, provides for assessment and
1136. The said 1932 act and 1935/157 should collection of back taxes.
be consulted for the law relating to the tax For bond of tax collector see § 4644-1.
collector of McCormick County. Disposition of fines collected for non-
Persons seeking office of tax collector in payment of road and poll taxes, 1935/91.
primary disqualified, 1934/1358.
§ 2880. Tax collector, Marlboro County, and Saluda County.
See this section in 1934 Supplement.
§ 2880-1. Tax collector, Newberry County.
See this section in 1934 Supplement.
§ 2880-3. Tax collector, Orangeburg County.
The office of tax collector for Orange- devolved on the collector of delinquent
burg County created by 1932/1539; how- taxes by the said 1933 act. 1932/1539 and
ever the said office was abolished by 1933/ 1936/1642 should therefore be consulted
561, and the duties and powers thereof together with the said 1933 act.
§ 2881-1. Tax collector, Richland County.
See this section in 1934 Supplement.
§ 2882. Tax collector, Spartanburg County.
See this section in 1934 Supplement.
§ 2883-1. Tax collector, Sumter County.
1933/160 and 1935/393 provide for tax 1936/1446 authorizes county board of
collector and collection of delinquent taxes. commissioners nulla bona tax executions.
§ 2883-3. Collection of delinquent taxes, Williamsburg County.
1935/161 provides for collection of tax executions, etc.
§ 2883-4. Tax collector, York County.
See this section in 1934 Supplement.
§ 2891. Authority of Governor to order out militia.
Governor declaring state of insurrection duty as relates to the causes enumerated
and calling out militia. — See § 1390 and in the statute, in relation to which the
notes thereto. Governor is given power to call out the
The phrase "cause them to perform such militia. Hearon v. Calus, 17S S. C, 381 ;
duty as he shall deem proper" means such 183 S. E., 13.
§ 2896. Proclamation of state of insurrection.
Governor declaring state of insurrection notes thereto,
and calling out militia. — See § 1390 and
§ 2966-1. Adjutant general receive conveyances of real estate to be used as
sites for national guard armories. — The adjutant general of this state is here-
by authorized and empowered to receive on behalf of the state of South
Carolina conveyances of sites of real property suitable for the erection of
national guard armories, Provided, hoivever, that in accepting all such con-
veyances on behalf of the state of South Carolina the state shall incur no
liability for purchase of said real estate. 1936 (39) 1319.
§ 2967. State service bureau.
See this section in 1934 Supplement.
117 Code of Laws of South Carolina § 3079-2
§ 2971. Service officer for Pickens County. — Repealed by 1933 Acts, page 9.
§ 3041. When county liable for damages for lynching.
A county is liable in damages to personal be at the time a prisoner or not. Green v.
representatives of a person lynched within Greenville County, 176 S. C, 433 ; 180 S.
its borders by a mob, whether such person E., 471.
§ 3045. Form of bond to be given by all public officers.
Official bond of probate judge is not guardians. In Re Wells et al. Snyder et al.
liable for deposits of funds made to probate v. Scott et al., 174 S. C., 403 ; 177 S. E.,
judge by executors, administrators, or 665.
§ 3061. Bonds required of peace officers discharging duties in Chester and
Union Counties.
For bond of Union County rural policemen, deputy sheriffs and constables see § 4873-1.
§ 3063. Bonds for certain Pickens County officials.
See this section in 1934 Supplement.
§ 3079. State electrician and engineer.
See this section in 1934 Supplement.
§ 3079-1. Purchase of materials and supplies by state institutions. — (1)
Obtain Bids — When Section Not Apply. — The president, superintendent or
managers of each and every state institution are hereby required to purchase
all materials, furnishings and supplies after obtaining three competitive bids
from within the state, where practical, or after advertisment once in a newspaper
of general circulation in the state, at least one week prior to the purchase of
such articles : Provided, where the material or supplies desired to be purchased
is less than two hundred ($200.00) dollars, then the provisions of this section
shall not apply.
(2) Give Preference to Residents. — In the purchase of materials, furnish-
ings and supplies as provided hereinabove, preference shall be given to persons,
firms and corporations including commodities produced by the penitentiary re-
siding in and having a place of business in this state, and said purchases to be
made from such persons, firms or corporations who are regularly engaged in the
sale of the goods or supplies sought to be purchased ; Provided that the resident
person, firm or corporation shall meet non-resident or foreign bids both as to
price and as to quality of goods sold.
(3) Definitions. — A resident person, firm or corporation as mentioned in
this section shall be construed to mean a person, firm or corporation who has
been regularly engaged in business and has had a place of business within this
state for a period of one year prior to the time of filing bids under the pro-
visions of this section. The term "state institution" as used in this section shall
be construed to mean all educational institutions and all penal and charitable
institutions which are supported either wholly or in part by the state of South
Carolina.
(4) Goods Purchased in Violation hereof. — Any goods purchased in viola-
tion of the provisions of this section shall not be a debt against the state of South
Carolina. 1935 (39) 302.
This section added by 1935/302.
§ 3079-2. State institutions purchase sprinkler systems and other fire pre-
vention devices. — The board of trustees or other governing board of any state
institution, the state insurance commissioner and the secretary of the South
Carolina sinking fund commission are hereby authorized and empowered to
make, execute and enter into contract or contracts with any sprinkler com-
panies, or other companies selling and installing fire prevention measures which
have been duly approved by the southeastern underwriters association, or other
§ 3079-2 1936 Supplement 118
authorized fire insurance associations wherein and whereby savings will be af-
fected to the state of South Carolina, by a reduction in the insurance rate by
reason of the installation of said sprinkler systems or other fire prevention de-
vices : Provided, however, that the said contract or contracts, when made, shall
provide that the payment for such sprinkler systems or other fire prevention de-
vices will be made from the savings in the insurance premiums affected thereby,
so that the state of South Carolina will not be called upon to appropriate any
additional funds in payment of same. The said board of trustees, or other gov-
erning body of any state institution, the state insurance commissioner and the
secretary of the South Carolina sinking fund commission are hereby fully em-
powered and authorized to negotiate through the proper channels with the pub-
lic works administration, or the sinking fund commission, for the purchase out-
right for such sprinkler equipment, or other fire prevention device, provided
that the same be paid for out of the savings in the reduction of the insurance
rates. 1935 (39) 379.
This section added by 1935/379. relating to sprinkler systems.
See § 2195 hereof for other provisions
§ 3079-7. Use on public works and in conduct of public business equipment,
materials and supplies of classes produced in this state — when. — It shall be
the established policy of all departments of the state government and of all
governing officials of the counties, municipalities and other sub-divisions of the
state, in the conduct of the public business entrusted to their care, and involving
purchase of property for the public account, to show .such preference for
equipment, materials and supplies produced or manufactured within the state
as may be consistent with the needs, the governing law, and the economic ad-
vantage of free competition in each case. In general, the policy thus established
shall be applied by the adoption and publication of specifications governing any
particular purchase, or contract that involves purchase, designed to limit, as
far as may appear practicable to the purchasing or contracting authority, the
equipment, materials or supplies to such acceptable classes as are produced or
manufactured within the state and as are customarily used for the purpose or
purposes in contemplation, but not to bar from competition the same classes of
equipment, materials or supplies produced or manufactured elsewhere: Pro-
vided, however, that the application of this policy shall not serve to prevent the
purchase for the public account, directly or through contractors, of any equip-
ment, materials or supplies produced or manufactured without the state when-
ever, in the judgment of the responsible official authority concerned, such
purchase is necessary to produce the desired results economically, to conform
with controlling law or is otherwise demonstrably in the public interest; nor
shall it serve to limit in any way cooperative undertakings between the state
or sub-divisions thereof and the federal government. Provided, further, that
the said purchasing or contracting authority shall permit any interested party,
resident or non-resident, to appear and to be heard, upon written application,
in advocacy of any preference consistent with this section, or in protest against
any such preference that may have been accorded, and that a record shall be
kept of all such applications and appearances. 1935 (39) 423.
This section added by 1935/423.
§ 3081. Use by state institutions and individuals of electric power con-
trolled by state. — (1) Rates. — Any electric power owned or hereafter to be
owned by the state of South Carolina, or under its control, shall be furnished
at two cents (2c) per kilowatt to all state institutions within a radius of ten
miles of the state capitol : Provided, that the state institutions herein referred
119 Code of Laws of South Carolina § 3141
to shall not, and do not include any residence, apartment house, dwelling or
other state building used by individuals who are in the employ of the state or
any of its institutions, for their own use: Provided, further, that any such
residence, apartment house, dwelling or other state building used by individuals
(other than the governor's mansion), who are in the employ of the state or any
of its institutions, for their own use, shall be furnished power by the state
electrician, who shall keep up and maintain all such secondary lines to each
meter and shall receive and collect from the consumers for such power four (4)
cents per kilowatt hour : Provided, further, that where buildings in which current
is used for cooking purposes are not available to Broad River power company
lines the rates shall then be three (3c) cents per kilowatt hour. 1935 (39) 168;
1936 (39) 1779.
Subsection 1 of this section amended by flat rate of four (4c) cents per kilowatt
1935/168, 1936/1779. The said act fixed a for current; and added last proviso.
§ 3081-1. Fiscal year July 1 to June 30.
See this section in 1934 Supplement.
§ 3093. Officers appointed by Governor by and with advice and consent of
Senate.
See this section in 1934 Supplement.
§ 3094. Officers — Governor appoint.
See this section in 1934 Supplement.
§ 3096. Governor may appoint special deputies, constables, etc.
Failure of officer clad in uniform of high- Luster, 178 S. C, 199 ; 182 S. E., 427.
way patrolman to advise defendants that State highway patrolman acting as state
he was also state constable did not justify constable.— See notes under § 6004.
homicide in resisting arrest. State v.
§ 3098. Governor may remove certain officers.
State highway commissioners charged by and calling out militia and proclaiming
Governor with declining to vacate their of- existence of insurrection in connection with
fices at Governor's order held entitled to highway department was unauthorized and
have question thus made by Governor de- violated due process clauses of State and
cided by courts, and hence Governor's at- Federal Constitutions. Hearon v. Calus, 178
tempting to substitute other commissioners, S. C., 381 ; 183 S. E., 13.
§ 3099. Governor may suspend sentence or parole prisoner.
See sections 972-1, 972-2, and 972-3 for See section 1039-1 for time suspended
power of recorders in certain cities to sentence run.
suspend sentences.
§ 3115. May file information against persons who intrude on property of
state.
Attorney general proper party institute ulating trucks, enjoin truck owners from
action in Supreme Court enjoin truck operating trucks in violation of act and
owners from prosecuting 13 separate ac- for adjudication that act was valid. State
tions in courts of common pleas for in- v. John P. Nutt Co., S. C, ; 185
junctions against enforcement of act reg- S. E., 25.
§ 3125. Solicitors — vacancies. — In case any circuit solicitor shall cease to
reside in his circuit, his office shall become vacant. In case any vacancy shall
occur in such office by death, resignation or otherwise, the vacancy thereby
created shall be filled by the Governor, by and with the advice and consent of the
Senate. The judge residing in the circuit of the solicitor, whose office shall
thus become vacant, shall certify such vacancy to the Governor. 1936 (39) 1456.
The first paragraph in this section, 1932 Code, eliminated by 1936/1456.
§ 3140. All payments by treasurer to be on his warrant, exceptions.
See notes under article 5, section 9, and article 10, section 9, state constitution.
§ 3141. Payments from state treasury.
See notes under article 5, section 9, and article 10, section 9, state constitution.
§ 3189 1936 Supplement 120
§ 3189. Payment of appropriations to meet ordinary expenses.
Surplus funds in treasurer's office suf- E., 668.
ficient to pay circuit judge's salary past See notes under article 5, section 9, and
due should be applied to judgment thereof. article 10, section 9, state constitution.
Grimball v. Beattie, 174 S. C, 422; 177 S.
§ 3190. Salaries paid monthly.
See notes under article 5, section 9, and article 10, section 9, state constitution.
§ 3212-1. Fund for state treasurer pay insurance and postage on securities
in transit.
See this section in 1934 Supplement.
§ 3213. Members — state departments, institutions, etc., furnish estimates.
See this section in 1934 Supplement.
§ 3214. Comptroller general furnish estimate of needs of state.
See this section in 1934 Supplement.
§ 3215. Statements comptroller general furnish.
See this section in 1934 Supplement.
§ 3216. Departments, etc., furnish information.
See this section in 1934 Supplement.
§ 3217. Public hearings.
See this section in 1934 Supplement.
§ 3218. Secure information — make surveys, inspections — issue regulations.
See this section in 1934 Supplement.
§ 3219. Submit budgets and statements to the General Assembly.
See this section in 1934 Supplement.
§ 3220. Meetings of appropriation committees.
See this section in 1934 Supplement.
§ 3222. Employ assistants — duties of tax commission.
See this section in 1934 Supplement.
§ 3222-1. State auditor — appointment — duties and powers.
See this section in 1934 Supplement.
§ 3223. Created. — A state department of agriculture and commerce is cre-
ated, which shall be charged, as far as possible, with the execution of the work
usually devolved upon a bureau of agriculture and a bureau of publicity. 1936
(39) 1615.
By 1936/1615 the department of agri- ministered by the said department relating
culture, commerce and industries was to industries was transferred to a depart-
changed to department of agriculture and ment of labor created by the said act. See
commerce. The powers theretofore ad- section 3253-1 et ah
§ 3227. Duties.
See section 3253-11 which devolved cer- missioner of labor,
tain powers and duties herein on the com-
§ 3228. Publication of information.
See section 3253-11 which devolved cer- missioner of labor,
tain powers and duties herein on the corn-
§ 3230. Other departments to furnish information.
See section 3253-11 which devolved cer- missioner of labor,
tain powers and duties herein on the com-
§ 3235. When answers thereto to be filed.
See this section in 1934 Supplement.
§ 3253-1. Revolving fund for department of agriculture and commerce
pay insurance premiums. — The state treasurer is hereby authorized and di-
rected to forthwith set aside the sum of fifty thousand ($50,000.00) dollars
out of the general account to be used by the department of agriculture,
commerce and industries for the payment of insurance premiums as they become
due. The department of agriculture, commerce and industries is hereby charged
121 Code of Laws of South Carolina § 3253-13
with the proper disbursements of this fund and the collection of such insur-
ance payments, and it shall return to the state treasurer any of said fund used
in the payment of insurance premiums at such time and in such amount as in
its discretion the circumstances warrant, and that the said fund so returned
shall remain in the said revolving fund. 1933 (38) 236; 1934 (38) 2261.
See this scetion in 1934 Supplement. 2262.
This section added by 1933/236; 1934/
Article 8A — Department of Labor
§ 3253-11. Created — commissioner of labor — certain duties and powers. —
A department of labor is hereby created and established under the supervision
and direction of a commissioner to be known as the commissioner of labor. He
shall have charge of the administration of the department of labor and the en-
forcement of all rules and regulations which it is the duty of the department to
administer and enforce, and shall direct all inspections and investigations except
as otherwise provided. On and after May 30, 1936, there shall be transferred to
the commissioner of labor so much of the powers and duties vested in the com-
missioner of agriculture, commerce and industry pursuant to sections 3227, 3228
and 3230, as relate to labor and industrial conditions ; and in accordance there-
with, said commissioner shall have the powers heretofore granted to the commis-
sioner of agriculture, commerce and industry, pursuant to section 3230, to enter
manufacturing establishments, providing he shall do so in an . orderly manner.
1936 (39) 1615.
§§ 3251-11 thru 3251-16 added, 1936/1615.
§ 3253-12. Commissioner — appointment — term — salary — vacancy. — The
Governor, by and with the advice and consent of the Senate, shall appoint the
commissioner of labor from three persons whose names shall be submitted to
him by the South Carolina federation of labor. The term of office of the com-
missioner of labor shall be for two years and until his successor is appointed
and qualified. His salary is hereby fixed at thirty-two hundred ($3,200.00)
dollars per year. Any vacancy by death or resignation in the office shall be filled
by appointment of the Governor until the session of the General Assembly next
ensuing. 1936 (39) 1615.
§ 3253-13. Further duties and powers of commissioner. — In addition to the
other powers and duties conferred upon the commissioner of labor by this article,
the said commissioner shall have authority and be charged with the duty :
(1) Employees. — To appoint and assign to duty such clerks, stenographers,
and other employees in the various divisions of the department, with approval
of said director of division, as may be necessary to perform the work of the
department, and fix their compensation, subject to the approval of the General
Assembly or such other agency of government as may be designated by the
General Assembly. The commissioner of labor may assign or transfer employees
from one division to another, or may combine the clerical and inspection forces
of two or more divisions, as he may consider necessary and advisable.
(2) Eegulate Work of Department. — To make such rules and regulations
with reference to the work of the department and of the several divisions thereof
as shall be necessary to properly carry out the duties imposed upon the said
commissioner and the work of the department.
(3) Witnesses — Interrogate Employees and Employers. — The commis-
sioner of labor shall have the power to subpoena witnesses, to take and preserve
testimony, examine witnesses, administer oaths, and under proper restriction
§ 3253-13 1936 Supplement 122
enter any public institution of the state, any factory, store, workshop, laundry,
public eating-house, or mine, and interrogate any person employed therein or
connected therewith, or the proper officers of a corporation, or file a written or
printed list of interrogatories and require full and complete answers to the same,
to be returned, under oath, within thirty (30) days of the receipt of said list
of questions.
(4) Inspect Factories, Mercantile Establishments, Etc. — Inspectors. —
He shall secure the enforcement of all laws relating to the inspection of fac-
tories, mercantile establishments, mills, workshops, public eating-places, and
commercial institutions in the state and to aid in the work shall have power to
appoint factory inspectors and other assistants. The duties of such inspectors
and other assistants shall be prescribed b}^ the commissioner of labor, the com-
missioner of labor, his assistants and factory inspectors shall visit and inspect
at reasonable hours, as often as practicable, the factories, mercantile establish-
ment, mills, workshops, public eating-places, and commercial institutions in the
state, where goods, wares, or merchandise are manufactured, purchased, or sold,
at wholesale or retail.
(5) Enforcement. — It shall be the duty of the commissioner of labor to en-
force the provisions of this section, and to prosecute all violations of law relat-
ing to the inspection of factories, mercantile establishments, mills, workshops,
public eating-places, and commercial institutions in this state before any justice
of the peace or court of competent jurisdiction.
(6) Certain Employers Post Certain Labor Laws. — It shall be the duty of
every employer to keep posted in a conspicuous place in every room where five
or more persons are employed printed notice stating the provisions of the law
relative to the employment of adult persons and children and the regulation of
hours and working conditions. The commissioner of labor shall furnish the
printed form of such notice upon request.
(7) Solicitors Prosecute Violations. — It shall be the duty of the solicitor
of the circuit or the prosecuting attorney of the city or county court, upon the
request of the commissioner of labor, or any of his assistants or deputies, to
prosecute any violation of law, which is made the duty of the said commissioner
of labor to enforce. 1936 (39) 1615.
§ 3253-14. Commissioner report. — The said commissioner of labor shall col-
lect, assort, systematize and present in an annual report to the Governor and to
the General Assembly such statistical details heretofore collected by the com-
missioner of agriculture, commerce and industry, pursuant to South Carolina
Code of Laws of 1932, section 3233, sub-sections 2, 3, 4, 5, 6, 7 and 9 as are
within the purposes of § 3253-11 thru § 3253-16, together with such other matters
as he may deem advisable or for the public welfare. 1936 (39) 1615.
§ 3253-15. Appropriation. — The department of labor shall be supported by
an appropriation to be made annually by the General Assembly. 1936 (39) 1615.
§ 3253-16. Exemptions.— The provisions of § 3253-11 thru § 3253-16 shall
not apply to the timber, lumber and turpentine industries, and to farming. 1936
(39) 1615.
§ 3272. Duties.
See this section in 1934 Supplement.
§ 3274. Analysis of food products of state.
See this section in 1934 Supplement.
§ 3275. Organization — assistants — issue bulletin, etc.
See this section in 1934 Supplement.
123 Code of Laws of South Carolina § 3286
§ 3276. Powers for making analysis of food products.
See this section in 1934 Supplement.
§ 3280. State forester.
Forest fire control : Aiken County, 1935/ town County 1935/229 ; Kershaw County,
497 ; Allendale County, 1935/295 ; Barnwell 1935/186, 434 ; Richland County, 1935/359 ;
County, 1935/256; Dillon County, 1935/ Sumter County, 1934/1455; Williamsburg
2V0; Fairfield County, 1934/1611; George- County, 1935/344.
§ 3284-1. Acquire real estate to promote reforestation and provide for
unemployed.
See this section in 1934 Supplement.
§ 3284-2. Control and maintain state parks.
See this section in 1934 Supplement.
§ 3284-3. Acquire lands for state forests or parks. — (1) Authorized. —
The state commission of forestry is hereby authorized to accept gifts, donations
and contributions of land suitable for forestry or park purposes and to enter into
agreements with the federal government or other agencies for acquiring by lease,
purchase or otherwise such lands as in the judgement of the state commission of
forestry are desirable for state forests or state parks.
(2) Use Unobligated Funds to Develop Lands — Sell Products from Lands
— Make Kules and Regulations. — When lands are acquired or leased under
subsection 1 hereof, the state commission of forestry is hereby authorized to make
expenditures from any funds not otherwise obligated for the management, de-
velopment and utilization of such areas, and to sell or otherwise dispose of
products from such lands, and to make such rules and regulations as may be
necessary to carry out the purposes of this section.
(3) Use of Revenues. — The revenues derived from the lands now owned or
later acquired by the commission shall be segregated by the state treasurer for
the use of the commission in the acquisition, management and development and
use of such lands until all obligations incurred have been paid in full. Fifty per
cent of all net profits accruing from the administration of such lands shall be
applicable for such purposes as the General Assembly may prescribe, and fifty
per cent shall be paid into the school fund of the county in which lands are
located.
(4) Payment of Obligations. — Obligations for the acquisition of land in-
curred by the state commission of forestry under the authority of this section
shall be paid solely and exclusively from revenues derived from such lands and
shall not impose any liability upon the general credit and taxing power of the
state.
(5) Sell, Exchange or Lease Lands. — The state commission of forestry shall
have full power and authority to sell, exchange or lease lands under its jurisdic-
tion when in its judgment it is advantageous to the state to do so in the highest
orderly development and management of state forests and state parks: Provided,
however, said sale or lease or exchange shall not be contrary to the terms of any
contract which it has entered into. 1935 (39) 150, 1214.
This section added by 1935/150, 1214.
§ 3286. Game wardens — appointment — election. — * * * (1) Provided,
further, that the game warden for Bamberg and Pickens Counties shall be
nominated in the primary election, and it is made the duty of the legislative
delegation from Bamberg and Pickens Counties, respectively, to recommend
to the Governor for appointment the person so nominated. (2) Provided, that
any game warden in the county of Charleston may be removed upon the written
§ 328ft 1936 Supplement 124
request of the Senator and a majority of the members of the Charleston Delega-
tion in the House of Representatives. 1934 (38) 1210; 1935 (39) 378.
Proviso 1 added by 1934/1210. Proviso 1244, 1935/225, 193G/1585 ; Lancaster
2, 1935/378. County, 1935/41 ; Laurens County, 1933/
Appointment and/or election of game 24S ; Lexington County, 1932/1550 ; Marion
wardens: Abbeville County, 1935/26; Aiken County, 1935/238.
County, 1933/329, 1935/209; Cherokee Fish and game clubs: Cherokee County,
County, 1935/101; Dillon County, 1933/259; 3935/101; 1936/1311.
Chesterfield County, 1932/1550 ; Fairfield Game funds, expenditure : Cherokee
County, 1932/1318 ; Kershaw County, 1934/ County, 1935/382.
§ 3294-1. Chief game warden may acquire land to establish fish hatcheries.
See this section in 1934 Supplement.
§ 3295-1. State game and fish commission. — (1) Appointment. — There is
hereby created a state game and fish commission to be appointed by the Governor,
by and with the advice and consent of the Senate and the House of Representa-
tives which shall be composed of six members, one from each of the present six
congressional districts of the state.
(2) Terms — Vacancy — Pay — Meetings — Removal. — In making the appoint-
ments, two members shall be appointed for one year, two for two years, and two
for three years, unless sooner removed. And thereafter, as all such terms expire,
their successors shall be appointed for three years. All vacancies on said com-
mission shall be filled through appointment for the unexpired term by the
Governor. Four members of said commission shall constitute a quorum, and shall
have full power to transact any and all business of the said commission. The
commission shall meet at the state capitol within two weeks after their appoint-
ment and shall select from among their members a chairman and a secretary.
Meetings of the commission shall be held at least quarterly at such place or places
as the commission itself shall determine. The commissioners shall receive no
salary, but they shall be entitled to receive the per diem allowed other state
boards and commissioners by the annual appropriation act, for the time spent
in the performance of their official duties, and their mileage for travel as also
fixed in the appropriation act : Provided, however, said payments shall not ex-
ceed one hundred ($100.00) dollars to any member in one year, and shall be paid
from the state game fund. The Governor may remove a commissioner for mal-
feasance or misconduct in office, giving him a copy of the charges against him
and an opportunity of being publicly heard in person or by counsel in his own
defense upon not less than ten days ' notice.
(3) Duties. — The commission shall continuously investigate the game and
fish conditions of the state and the laws relating thereto and counsel with and
advise the chief game warden particularly as to the enforcement of the laws
looking to the conservation, protection and replenishment of game and fish ; and
shall annually make report of their activities to the General Assembly, as a part
of the annual report of the chief game warden, and recommend legislation and
other action by the General Assembly in its judgement conducive to the con-
servation of wild life.
(4) Chief Game Warden Co-operate. — The chief game warden shall co-
operate with the commission, meet with it upon request and furnish it with
clerical and other assistance that may be reasonably required.
(5) Cumulative. — This section is hereby declared to be supplementary to
existing legislation for the protection and conservation of the wild life resources
of the state, but shall supersede any provisions of such legislation inconsistent
herewith. 1935 (39) 478.
This section added by 1935/478.
125 Code of Laws of South Carolina § 3332
§ 3299. Definitions.— Sections 3299 to 3414 shall be known and referred
to as the coastal fisheries law. Whenever used in said sections; (a) The term
'person' shall include firms and corporations as well as individuals; except as
otherwise provided herein.
(b) The term 'fish' shall include shrimps, terrapin, shellfish, turtles and
porpoises.
(c) The term 'shellfish' shall include oysters, clams, mussels and escallops
and all immobile fish having shells.
(d) The term 'crustacean' shall include crabs, shrimp, crayfish, stone crabs,
and any other mobile fish having a shell.
(e) The term 'bottoms' shall include all of the tide lands of South Carolina
covered by water when at the stage of ordinary high tide.
(f) The words 'fishing' and 'fisheries' shall be construed to mean all opera-
tions involved in taking or catching fish and in preparing them for transporting
them to market. 1936 (39) 1644.
3414 substituted for 3412 line one; words subdivision (f) of this section, 1932 Code
in italics in subdivision (a) added and eliminated, 1936/1644.
§ 3302. Natural beds.— Repealed by 1936 Acts, page 1644.
§ 3303. Vested rights. — This article shall not interfere with any rights to
oyster beds acquired under provisions or existing laws by the owners thereof
until the present leases have expired, except as herein provided. 1936 (39) 1644.
§ 3307. Office of board — meetings. — It shall be the duty of the state board
of fisheries to establish an office in some convenient place, namely a city or town
in one of the counties bordering the coast of the state, and to hold meetings once
each month at the said office and at such other times and places as to them may
seem advisable on the call of the chairman or a majority of the board. 1936 (39)
1644.
§ 3319. Assistant and deputy inspectors. — Repealed by 1936 Acts, page 1644.
§ 3320. Bond and oath of secretary. — Before the secretary of the board
is vested with any authority or duties such secretary shall take and subscribe to
the oath of office in the manner and upon the same conditions as provided for
the chief inspector and shall also furnish an approved surety bond in the amount
of $1,500.00 for the faithful performance of duties of the said offices. 1936 (39)
1644.
§ 3329. Oyster beds — private ownership or control. — For the purpose of
this article all of the bottoms within the jurisdiction of this state contained be-
tween high-water mark and one foot below ordinary low-water mark shall be
deemed and considered as oyster beds, and the board of fisheries may lease all
or parts thereof as it may determine, and no grant, lease or conveyance hereafter
made, except it be a special grant by the Legislature, shall be or become effective
to convey any private ownership or control of any fishing of fisheries therein.
1936 (39) 1644.
"Natural" omitted before "oyster" line 4 ; and words in italics added 1936/1644.
§ 3330. When exclude public from bottoms — oysters gather for private
use. — * * * Provided, however, any person may gather oysters from any bottom
at any time for his private use in an amount not exceeding two bushels any one
day. 1936 (39) 1644.
The above proviso added 1936/1644.
§ 3332. Lease bottoms — acreage — terms — rate. — It shall be lawful for the
board of fisheries to lease to any person, firm or corporation portions of the
bottoms for the purpose of oyster culture not exceeding an aggregate of 1,000
§ 3332 1936 Supplement 126
acres to any person, firm or corporation for a term not exceeding five years,
which lease shall be renewed at the option of the lessee for an additional term of
five years at the rate of rental of $1.00 per acre per year for the renewal period :
Provided, however, all existing leases shall at the option of the lessee be re-
newed for an additional term of five years at the expiration date of the same
at an annual rental of $1.00 per acre per year regardless of the terms therein
now provided. 1936 (39) 1644.
§ 3333. Leases to firms. — Repealed by 1936 Acts, page 1644.
§ 3334. Lease to corporations. — Repealed by 1936 Acts, page 1644.
§ 3335. Initial leases. — Repealed by 1936 Acts, page 1644.
§ 3336. Reservation of leases for initial lessees. — Repealed by 1936 Acts,
page 1644.
§ 3337. Application for leases — deposit — surveys — plats. — Whenever any
person, firm or corporation shall desire a lease of the bottoms for the planting
or propagating of shellfish, application shall be made to the board of fisheries
upon forms prescribed by it showing the location and boundaries of the area
desired and shall deposit with the board of fisheries the sum of ten ($10.00)
dollars as a guarantee of good faith ; whereupon it shall become the duty of the
chief inspector or district inspector to inspect the area applied for and ascertain
by such means as may be best calculated to discover the facts whether such
territory or any portion thereof is capable of producing oysters and to make a
report to the board of fisheries, whereupon the applicant shall cause a survey of
the area or such portion thereof as is reported subject to lease, said survey to
be made by a competent surveyor approved by the board of fisheries who shall
make a plat thereof in accordance with the approved form of the board of
fisheries and such plat shall be filed in triplicate with the board of fisheries
before approving the said application. 1936 (39) 1644.
§ 3338. Notice of application — objections — hearings. — Upon the filing with
it of the application approved by the chief inspector or district inspector and
the plat of the territory so approved, the board of fisheries shall cause to be
published in a newspaper in the county wherein the territory applied for is
located and in which legal advertisements by the sheriff are published, a notice
to all persons of the application for such bottoms for planting and propagation
of oysters, giving the name of the applicant and sufficient description of the
bottoms applied for to enable the same to be located, and the day on which the
board will pass upon objections to the granting of such lease, which advertise-
ment shall be published once a week for three weeks immediately preceding such
date. Should any person appear in person or by attorney or by filing objections
in writing on or before such date and object to the granting of the whole or any
portion of the bottoms applied for upon any lawful or sufficient ground, then the
board may proceed to a hearing thereof as in a case at law under the regular
rules of evidence and their decision shall be subject to appeal as in a magistrate's
court. 1936 (39) 1644.
Words in italics added 1936/1644.
§ 3339. Leases — execution — contents. — Whenever an application for plant-
ing ground is granted and all expenses of survey and advertising have been
paid by the applicant, to be evidenced by receipted bills therefor, to be filed
with the said board, it shall become the duty of the board of fisheries to execute
and deliver to the lessee a lease of the territory allowed him on the form of lease
approved by the board of fisheries, which form shall be in conformity with the
laws governing and regulating the leasing of oyster bottoms; which lease shall
127 Code of Laws of South Carolina § 3380
contain a provision for a renewal at the expiration thereof for a similar term
thereof upon such rate of rental as may then be of force. 1936 (39) 1644.
§ 3340. Rentals. — All leases granted under the authority of this law and
now of force and effect shall be upon a rental basis of $1.00 per acre per year
for each year thereafter; provided, however, the prevailing rate of rentals in
all existing leases shall prevail until the expiration of the present year ; but any
new leases issued after June 2, 1936, shall provide for the rate of rental herein-
above set forth. 1936 (39) 1644.
§ 3345. Transfer of leases. — No leases now in force or which may here-
after be granted shall be transferred without the approval of the board of
fisheries endorsed thereon to be effective or to act as a release of the original
lessee from the terms of the same. 1936 (39) 1644.
§ 3359. Leases heritable and transferable. — Leases of bottoms for oyster
cultivation shall be heritable or transferable in whole or in part provided the
qualification of the heirs or transferees are such as are above prescribed in this
article. 1936 (39) 1644.
All of section 3359, 1932 Code, eliminated this Supplement,
except the above by 1936/1644. See § 3345,
§ 3374. Scale of fisheries' tax.
See this section in 1934 Supplement.
§ 3375. License tax on boats.
Paint registration numbers on boats pack and stamp shrimp before shipping or
licensed to trawl for shrimp, 1936/1385. transporting shrimp out of state, 1936/
See § 3414-2. 1412. See § 3414.
Licensed shrimp trawlers unload and
§ 3378. License take, can, pack, or ship shellfish — application — revoke. —
Any person desiring to obtain a license for the taking, canning, packing or
shipping of shellfish within this state for market shall take and subscribe to an
oath according to the form provided by the board of fisheries, showing his name,
age, color, citizenship, residence, place of business, kind of license applied for and
waters in which he proposes to take shellfish ; and upon the same being approved
in writing by endorsement thereon by the chairman of the board of fisheries or
the chief inspector, he may deliver the same to any county treasurer to deliver
to him a license accordingly. Provided, that the board is hereby specifically
directed to revoke any license so issued when the party to whomi such license is
issued changes his place of business or handles his business from a place other
than that set forth in his application and license without the written consent of
the chief inspector. 1936 (39) 1534.
Words in italics added by 1936/1534.
§ 3380. License to fish for market — issuance — revoke. — Each person de-
siring to fish for market, shall, before engaing therein, file with the board of
fisheries or the chief inspector, an application for license, showing the number
and kind of seines or other apparatus he proposes to use, duly verified by oath,
and showing his name, age, color, residence, place of business, and the waters
wherein he proposes to fish, and upon the approval of the board of fisheries or
the chief inspector being endorsed thereon together with the amount of such
license as may be required therefor he may, upon payment thereof to any county
treasurer, receive the license. The amount of such license shall be a sum equal
to the fee or tax prescribed for the different kinds and amounts of apparatus
shown upon the application therefor, except where otherwise provided herein.
Provided, that the board is hereby specifically directed to revoke any license so
issued when the party to whom such license is issued changes his place of business
§ 3380 1936 Supplement 128
or handles his business from a place other than that set forth in his application
and license, without the written consent of the chief inspector. 1936 (39) 1533.
Words in italics added by 1936/1533.
§ 3381. License for sturgeon nets — license to ship sturgeon and caviar.
See this section in 1934 Supplement.
§ 3386. Nets for catching shad.
See this section in 1934 Supplement.
§ 3410. Trawling for shrimp prohibited.
See sections 3414 and 3414-2 which regulates shrimp trawlers.
§ 3413. Taking of non-food fish — purse nets and seines.— It shall be law-
ful for any person, firm or corporation to fish for and catch with purse-nets and
seines menhaden and other non-food fish known as menhaden fish within the
waters of this state, which shall include the Atlantic Ocean lying within the
distance of three miles from the shores of this state : Provided, that no purse-
net or seine with bars of less than three-fourths inch or a mesh of less than one
and one-half inches shall be used for the purpose of catching non-food fish as
herein provided. 1936 (39) 1498.
Dimensions of bars and mesh of purse- reduced, 1936/149S. Other subsections of
nets and seines use catch non-food fish this section not affected.
§ 3414. Licensed shrimp trawlers unload and pack and stamp shrimp be-
fore shipping or transporting shrimp out of state.— All boats licensed by this
state to trawl for shrimp in the waters of the state of South Carolina shall land
or dock at some point in South Carolina, and shall unload their catch of shrimp,
and pack and properly stamp the same before shipping or transporting it to
another state or the waters thereof. Any person, firm or corporation violating
the provisions of this section shall upon conviction thereof be fined not exceeding
five hundred ($500.00) dollars or imprisoned not exceeding one year, or both in
the discretion of the court
This section shall be a part of the coastal fisheries law, and any equipment or
property used in the violation of any of the provisions of this section shall be
confiscated, as provided for in section 3404. 1936 (39) 1412.
§ 3414, 1932 code, repealed by 1936/1644. Present section comes from 1936/1412.
§ 3414-1. Planting of Japanese seed oysters.
See this section in 1934 Supplement.
§ 3414-2. Paint registration numbers on boats licensed to trawl for shrimp.
—Each and every boat hereafter licensed by the state board of fisheries to
trawl for shrimp in this state, at the time of the issuance of such licenses, shall
be assigned by said board a number under which such boat or boats shall be
registered and operated. The number so assigned to any such boat shall be painted
on each side of the bow and stern thereof in distinctive numerals at least two
(2) feet in height and four (4) inches in width, and the paint used for said
purpose shall be different from and in clear contrast in color to the boat on
which applied so that said registration number may be easily and definitely
determined at a great distance. Any person operating a boat, licensed to trawl
for shrimp, without having the registration number affixed thereon as required
by the terms of this section shall be deemed guilty of a misdemeanor, and upon
conviction, shall be punished by a fine of not less than ten ($10.00) dollars nor
more than one hundred ($100.00) dollars, or imprisoned for a period of not
less than ten (10) clays nor more than thirty (30) clays for each and every
offense. 1936 (39) 1385.
This section added by 1936/13S5.
129 Code of Laws op South Carolina § 3414-3
§ 3414-3. Sanctuaries for marine life, Charleston County. — (1) Areas. In
order to aid in preserving and increasing the supply of small fish, shrimp and other
forms of marine life and to provide areas where the ocean bottom and spawning
beds and the waters over the same may have a chance to function according to
natural laws without unnatural disturbance by trawling or other means unduly
agitating the same, and at the Bame time leave open ample other areas wherein
the trade of commercial fisheries, shrimping and trawling may be plied under reg-
ulations provided by law, there shall be and arc hereby established and set apart
as sanctuaries for marine life the following areas or portions of the coastal waters
and ocean beds of Charleston county in the state of South Carolina, to wit:
(1) That portion or area lying north east of the north jetty at the mouth of
Charleston harbor and the line of said north jetty extended as far to the sea-
ward as the territory or jurisdiction of the state extends, and lying south-west
of a line running southeast (true), starting at a point on the north east shore
of the inlet known as Capers Inlet on the Capers Island side of said inlet, which
point is where the north east shore of said inlet at mean high water intersects
the ocean Beach Line of Capers Island and which line rims from said point
south-east (true) as far to the seaward as the territory or jurisdiction of the
state extends ; the area so designated being all that lies to the south east of the
ocean beaches or shores of Sullivan's Island, the Isle of Palms, and Dewees
Island, and south east of the said beach lines extended across all intervening
inlets or breaks in the beach lines, and between the two lines herein above
designated and extending into the ocean, as far as the jurisdiction or territory
of the state extends.
(2) That portion or area lying south west of a line running due south east
(true), starting at a point on the south west shore of the inlet known as Morris
Island Lighthouse Inlet on the Folly Island side of said inlet, which point is
where the south west shore of said inlet at mean high water intersects the ocean
beach line of Folly Island, and which line runs from said point south-east
(true) as far to the seaward as the territory or jurisdiction of the state extends,
and lying north-east of a line running south-east (true), starting at a point
on the north east shore of the inlet known as Stono Inlet on the Folly Island
side of said inlet, which point is where the north east shore of said inlet at
mean high water intersects the ocean beach line of Folly Island, and which line
runs from said point south-east (true) as far to the seaward as the territory
or jurisdiction of the state extends; the area so designated being all that lies
to the south cast of the ocean beach or shore of Folly Island, and between the
two lines hereinabove designated and extending into the ocean as far as the
jurisdiction or territory of the state extends.
(3) That portion or area lying north-east of a line running due south-east
(true), starting at a point on the north east shore of the mouth of South Edisto
river on the Edisto Island Bide of said inlet, at the place now known as Edisto
beach, formerly as McConkey's beach, which point is where the north east
shore of said river at its mouth at mean high water intersects the ocean beach
line of the said Edisto Beach, and which line runs from said point south-east
(true) as far to the seaward as the territory or jurisdiction of the state extends,
and lying south-west of a line running south east (true), starting at a point
on the south west shore of the inlet known as Frampton's inlet on the Edings-
yille Beach side of said inlet, which point is where the south west shore of said
inlet at mean high water intersects t lie ocean beach line of Edin<:sville Beach
on Edisto Island, and which line runs from said point south-east (true) as far
§ 3414-3 1936 Supplement 130
to the seaward as the territory or jurisdiction of the state extends; the area so
designated being all that line to the south east of the ocean beaches or shores
of Edisto Island known as Edisto Beach and Eddingsville Beach, and between
the two lines hereinabove designated and extending into the ocean as far as
the jurisdiction or territory of the state extends.
(2) Not to Trawl, Etc., in such Areas — Penalty. — Any person, firm or
corporation who after the approval of this section shall trawl or shall drag or
tow or cause or permit to be dragged or towed behind any boat or vessel
powered by gas, steam, electricity, oil, sail or any motive power other than man
power with oars or poles, any trawl or net or other device, contrivance or ap-
pliance for scooping or otherwise taking shrimp or fish or other forms of marine
life upon or over the ocean bed or in the waters over the same within any of the
areas hereinbefore set apart as sanctuaries for marine life or any part thereof,
or who shall cause, suffer or permit any such boat or boats owned or operated
by such person, firm or corporation, or the crew thereof to trawl or drag as
aforesaid within any part of said areas, and any person or member of the crew
engaging or participating in the same, shall be deemed guilty of a violation of
this section and shall upon conviction be fined not less than twenty-five ($25.00)
dollars nor more than one hundred ($100.00) dollars, or be imprisoned for not
less than five (5) nor more than thirty (30) days for the first offense, and for
the second and each subsequent offense shall be fined not less than one hundred
and ten ($110.00) dollars nor more than two hundred and fifty ($250.00) dollars
or be imprisoned for not less than thirty (30) nor more than sixty (60) days.
(3) Not to Drag or Tow Nets, Etc. Over or Through Such Areas. — Any
person, firm or corporation, dragging or towing behind any such boat or vessel
as defined in section 2 of this section, any net, trawl, or other device or appliance
within any of the areas hereinbefore set apart as sanctuaries whether or not the
said net, trawl or other device or appliance is at the time actually in contact with
the ocean bottom or not, and whether the same is being used at the time for the
catching of shrimp, fish or other form of marine life, or for the purpose of wash-
ing or cleaning of the nets or not, shall be deemed guilty of a violation of this
section and shall be subject to the same penalties hereinbefore prescribed in sub-
section 2 of this section.
(4) No Effect on Navigation or other Forms of Fishing. — Nothing con-
tained in this section shall be construed to interfere with or abridge the free
use of the said areas or any part thereof for all the purposes of navigation and
all purposes of fishing otherwise than by nets and trawls in the manner here-
inabove prohibited.
(5) Areas Open to Trawling Boats. — All areas of the costal waters of
Charleston County lying outside of the creeks, rivers, inlets, bays, harbors and
sounds or other inland waters, other than and excepting the areas hereinbefore
specifically set apart as sanctuaries, shall be open to the use of trawling boats
and vessels under such regulations as are now or may hereafter be provided by
law.
(6) Erect Kange Markers. — As an aid more easily to distinguish the sanc-
tuary areas from the open areas and to aid in the enforcement of this section day
markers may be placed by or under the direction of the state board of fisheries
on the beaches on the range of the respective lines hereinbefore designated,
which when placed shall control the range, but the absence of any such range
markers shall not affect or impair the operation or enforcement of this section
as the lines can be determined from U. S. coast and geodetic survey chart No.
131 Code of Laws of South Carolina § 3427-1
1239 dated July 1930 and corrected to December 19, 1935. The expense of erecting
such range markers shall be defrayed by the state board of fisheries.
(7) Enforcement.— It shall be the duty of the state board of fisheries to
enforce the provisions of this section.
(8) Effect.— Nothing in this section shall be taken to impair or affect the
act in Code 1932, section 3410, prohibiting trawling for shrimp in any stream,
bay or river, or Code 1932, section 3408, providing a closed season on shrimp
or prawn, or any other law regulating or affecting trawling in any of the coastal
waters or ocean beds lying outside of the areas set aside in this section as
sanctuaries. 1936 (39) 1413.
This section added by 193G/1413.
§ 3427-1. Inoculate dogs against rabies.— (1) Annually— Certificates.—
The owner, or the person having possession of, any dog four (4) months or more
of age shall annually on or before the first day of July have the same vaccinated
or inoculated against rabies by a licensed veterinarian, physician, druggist, or
other person designated by a governing board of any municipality or "of 'any
county. The person administering the vaccine or serum shall issue his certificate
in triplicate, one for himself, one for the owner, and one for the countv treasurer
or tax collector, giving the name, age, breed, sex, and identifying marks of the
dog and the date of the treatment. The certificate shall have written in ink or
printed across its face the following inscription: "Warning! Inoculation is not
a sure preventative against rabies. Take all precautions to protect your dog."
(2) Charge.— The charge for inoculation or vaccination of a dog shall not
exceed one ($1.00) dollar, including cost of the serum and such charge shall be
paid by the owner or person in possession of the dog and shall be in lieu of any
tax now imposed by law on dogs. The county treasurer of those counties wherein
a tax is levied on dogs is authorized and directed to give the taxpayer credit for
the amount of the dog tax upon production of a certificate of inoculation, and
the treasurer is himself authorized to take credit in his annual settlement for
the aggregate amount of such rebates.
(3.) Allow Dogs Not Inoculated Run at Large Unlawful.— It shall be
unlawful for any person, having the possession and control of any dog which
has not been inoculated, to allow it to run at large.
(4) Vaccine.— The vaccine used in the inoculation of dogs against rabies shall
meet the standard fixed by the United States department of agriculture, bureau
of animal industry.
(5) Enforcement. — All law enforcement officers, state, county and munici-
pal, and all school trustees within their respective districts are hereby specifically
charged with the enforcement of this section and are hereby invested with all
necessary police powers to effectuate that purpose.
(6) Penalty.— Any person refusing to comply with the provisions of this
section, or intentionally violating any of the provisions thereof shall be deemed
and held guilty of a misdemeanor and on conviction shall be fined not more than
ten ($10.00) dollars or imprisoned not more than ten (10) days.
(7) Legislative Delegation Suspend This Section.— The operation of this
section may be suspended and shall stand suspended until otherwise ordered in
any county within the state by and upon the filing with the clerk of the court
of common pleas in said county, a written notice to that effect, signed by the
State Senator and at least half of the members of the House of Representatives
§ 3427-1
1936 Supplement 132
from such county, and the section may be made again operative in such county
upon a like order so signed and filed rescinding the former order. 1935 (39) 462.
This section added by 1935/462. Aiken County, 1936/1408, 1750.
Inoculation of dogs against rabies in
§ 3473. When election of sheriff held.
See this section in 1934 Supplement.
§ 3474. Sheriff — vacancies. — In the event that a vacancy shall, at any time,
occur in the office of sheriff in any county of this state, whether from death,
resignation, disqualification, or other cause, the Governor, except in Berkeley
County where such appointment shall he made upon the recommendation of a
majority of the legislative delegation shall have full power to appoint some
suitable person, who shall be an elector of such county, and who, upon duly
qualifying, according to law, shall be entitled to enter upon and hold the office
until the next general election for county sheriffs, and shall be subject to all of
the duties and liabilities incident to said officer, during the term of his service
in said office. 1936 (39) 1541.
Words in italics added by 1936/1541.
§ 3479. Sheriff's bond. — * * * In the county of Orangeburg the bond of
the sheriff shall be twenty-five hundred ($2,500.00) dollars. Provided, that in
the county of York the bond of the sheriff shall be two thousand five hundred
dollars, 1933, XXXVIII, 256; 1936 (39) 1390.
By 1932/1118 the bond of Saluda County § 4666 ; Oconee County § 4689.
sheriff was reduced from $10,000 to $2,000. Proviso relating to bond of Orangeburg
For bond of sheriff of Bamberg County County sheriff added by 1936/1390; pro-
§ 3989-1 ; Cherokee County § 4121-1 ; Green- viso relating to York County sheriff added
wood County, 1936/1360, (§ 4466) ; Me- by 1933/256.
Cormick County § 4644-1 ; Newberry County
§ 3486. Deputies — appointment — term — bond. — * * * Provided, that the
bond which may be required of deupty sheriff in Orangeburg County shall be
twenty-five hundred ($2,500.00) dollars. 1936 (39) 1390.
Proviso added by 1936/1390.
§ 3489. Special deputies — appointment — sheriff responsible for.
See this section in 1934 Supplement.
§ 3490. Deputy sheriffs for Newberry County.
See this section in 1934 Supplement.
§ 3497. Deputy sheriffs of Beaufort County.
See this section in 1934 Supplement.
§ 3499. Industrial corporations procure appointment of peace officers.
See this section in 1934 Supplement.
§ 3518. Sheriffs appoint bailiffs.
See this section in 1934 Supplement. 1544.
Pay of baliffs in Darlington County, 1936/
§ 3556. Bond.
See this section, 1934 Supplement. see § 4644-1.
For bond of McCormick County coroner
§ 3579. Bond. — Before receiving their commissions they shall enter into
bond, to be approved and recorded and filed, as prescribed in chapter 113,
article I, in the penal sums following: The bond of the clerk for Charleston
County, twenty thousand dollars ; for Oconee and Horry Counties, six thousand
dollars; for Edgefield, Calhoun, McCormick and Saluda Counties, each five
thousand dollars; for Greenwood County, seven thousand dollars; Dorchester
County two thousand dollars; for Lexington County, hventy-five thousand
133 Code of Laws of South Carolina § 3637-1
($25,000.00) dollars; and for each of the other counties, ten thousand dollars
1936 (39) 1314.
Words in italics added by 193G/1314. Cormick County § 4644-1 ; Newberry County
Bond of clerk of court: Bamberg County § 4666.
§ 39S9-1; Cberokee County § 4121-1; Mc-
§ 3586. Books, calendars and records to be kept by clerks. — * * * (8)
Clerk of Court Report on Persons Brought to Trial in General Sessions
Court to Attorney General and Solicitor. — Each clerk of court of general
sessions shall keep a record and report annually to the attorney general and to
the solicitor of his circuit, by the 30th day of July, on the blank forms to be fur-
nished by the attorney general, the name, race, age, sex, alleged crime of every
person brought to trial in his court, together with summary of said crimes, for
the year ending June 30 ; and in case of his failure to make said report within
the time herein limited, he shall forfeit to the county ten ($10.00) dollars for
each day's delay in making such report, to be recovered by the solicitor of the
circuit by an action in any court of competent jurisdiction. 1935 (39) 273.
Subsection 8 amended by 1935/273. The section otherwise remains unchanged.
§ 3636. Sufficient registry record of chattel mortgage of crops. — * * *
Provided, that this section shall not apply to the counties of Sumter, Clarendon,
Berkeley, Georgetown, Abbeville, Richland, Greenville, Beaufort, Saluda, Ches-
terfield and Marlboro. 1935 (39) 306, 261.
Chesterfield County added to proviso by 1936/1324; Berkeley County, 1936/1290;
1935/306. Dorchester County, 1936/1775; Fairfield
Marlboro County added to proviso by County, 1935/253; Jasper Countv, 1936/
1935/261. 1333; Lexington County, 1935/214; Marion
Fee to record certain mortgages on County, 1936/1298; Union County, 1935/
crops and personalty: Bamberg County, 253.
§ 3637. Fee for indexing and registering.
Sec notes to section 3636.
§ 3637-1. Fees record conveyances or mortgages of personalty to federal
agencies and for search and certificate. — The fee that may be charged for the
recording of any mortgage or other instrument conveying an interest in, or
creating a lien on, personal property and made to any corporation organized
under the act of Congress known as the farm credit act of 1933, a regional
agricultural credit corporation, a federal intermediate credit bank or any other
corporation which rediscounts notes or other obligations with or procures loans
from a federal intermediate credit bank, the reconstruction finance corporation
or the government of the United States or any department, agency, instru-
mentality or office thereof, shall be seventy-five (75c) cents, provided, that a
copy or duplicate of such instrument be furnished to the recording officer, (a)
Provided, further that in Anderson, Oconee, Newberry, Dillon and Horry
Counties, the fee for indexing, registering and/or recording any such mortgage
or such other instrument, shall be fifty (50c) cents, which shall be exclusive of
the fee of the said clerk of court for searching the records and issuing a certificate
of such, the fee for such is hereby fixed at twenty-five (25c) cents. The clerks
of court of said counties shall not be required to collect such fees in advance.
Provided, further, that in the absence of a copy or duplicate of such mortgage,
or such other instrument, being furnished to said clerks of court, that the fee
above fixed for indexing, registering and/or recording shall be seventy-five (75c)
cents, instead of fifty (50c) cents as above provided. Provided, further, that
nothing herein shall be construed to require the clerks of court in Anderson and
Oconee Counties to search the records and issue certificate thereof — whether
§ 3637-1 1936 Supplement 134
or not he performs this work shall be optional with him however, if he does, the
fee shall be as above stated.
(2) The provisions of this section shall not be construed to amend, alter or
in any wise affect the provisions of section 3635, 3636 and 3637. Provided,
further, that the provisions of this section, relating to the fees to be paid to the
clerks of court of Newberry, Dillon, Anderson, Oconee, and Horry Counties,
shall be construed to amend, alter and affect any and all provisions of section
3635, 3636 and 3637, which in any way conflicts with the provisions of sub-
section (a) of subsection 1 hereof. 1934 (38) 1492; 1935 (39) 443, 367.
See this section in 1934 Supplement also.
§ 3641. Vacancies.
See this section in 1934 Supplement.
§ 3657. Discharges duties of master in Anderson County — special referee
in Anderson County.
See this section in 1934 Supplement.
§ 3663. Practice of law by probate judge, Darlington County.— Repealed
by 1936 Acts, page 1299.
§ 3673. Bond.
For bond of probate judge and master, Union County, see § 4S73-1.
§ 3678. Office of referee abolished and master established in certain
counties. — The office of referee, and the practice of referring cases to referees,
as provided in the Code of Procedure, shall not exist or be used in the counties
of Abbeville, Aiken, Barnwell, Berkeley, Charleston, Chesterfield, Darlington,
Dillon, Dorchester, Edgefield, Florence, Greenville, Greenwood, McCormick,
Oconee, Orangeburg, Richland, Saluda, Spartanburg, Sumter and Kershaw.
In these counties the office of master is established.
In the county of Charleston there shall be one master, and in each of the other
counties one master. The master shall hold his office under the appointment of
the Governor, by and with the advice and consent of the Senate. He shall hold
his office for four years, and until his successor shall be appointed and shall
qualify: Provided, the master of Dorchester County shall be appointed on the
recommendation of the Senator from said county : Provided, further, that should
a vacancy occur in the office of probate judge in Orangeburg County the master
shall perform the duties of such office until the vacancy can be filled at the next
ensuing general election. In the counties of Berkeley and Dorchester the masters
shall attend at their respective court houses at least twice in each week for the
transaction of business. 1935 (39) 458.
By 1935/458 only one master was pro- master and devolved the duties thereof on
vided for Charleston County. probate judge, Dorchester County.
The above section is as it was enacted Office of master abolished. Berkeley
by the said act. County and issues to be referred, (1936/
See section 3685-1 (1932/1171) which 1531). See section 3680-2 this Supplement,
abolished the office of master and devolved Office of master devolved on tax collec-
the duties thereof on the county judge, tor, Pickens County, 1933/17. (See section
Orangeburg County. 3685-2, 1934 Supplement.)
See section 3680-1 (1933/125, 1934 Sup- See 1934/1201 for term of master. Dillon
plement) which abolished the office of County.
§ 3680-1. Office of master, Dorchester County, abolished— duties devolved
on probate judge.
See this section in 1934 Supplement.
§ 3680-2. Office of master abolished, Berkeley County— refer issues td
referees. — The office of master in Berkeley county is hereby abolished, and
all issues in which a reference is proper shall be referred to a referee or referees
as provided by chapter 33 of the Code of 1932. 1936 (39) 1531.
This section added by 1936/1531.
135 Code of Laws of South Carolina § 3752
§ 3685-1. Duties of master of Orangeburg County devolved on county
judge.
See this section in 1934 Supplement.
§ 3685-2. Office of master of Pickens County devolved on tax collector.
See this section in 1934 Supplement.
§ 3690. Not to practice law in civil cases.
See this section in 1934 Supplement.
§ 3695. Master's sales, Charleston County. — It shall be lawful for the
master's sales in Charleston County to be conducted on any day other than
Sunday or legal holidays at the Charleston real estate exchange, or such other
place in said county as the court may direct, any law or custom to the contrary
notwithstanding. Any and all master's sales heretofore made in Charleston
County on any day other than legal holidays or Sunday, and made in accordance
with directions of the court, are hereby declared valid in so far as the time of
said sale may have affected same, and no such sale shall be held or declared
invalid by reason of the fact that same was made on a day other than salesday :
Provided, however, that same was made in accordance with the directions of the
court. If any section, sentence, clause or provision of this section be declared
unconstitutional, such shall not affect any other section, sentence, clause or pro-
vision of same. 1935 (39) 592.
Words in italics in first sentence added ; and all after first sentence added, 1935/592.
§ 3711. Parties may agree upon a jury in civil cases — how juries are drawn.
— • * * Provided, further, that the two magistrates in Spartanburg town-
ship. Spartanburg county, South Carolina, be and they are hereby required to
make up and have at all times a jury box in which shall be placed the names of
all of the persons residing in Spartanburg township, whose names are in the
regular county jury box and made up by the jury commissioners of Spartanburg
county. Provided, further, that the magistrates and constables in said Spartan-
burg township shall secure from the jury commissioners on or before the 1st
of January of each year a list of all persons residing in Spartanburg township
contained in the regular county jury box or boxes and shall prepare same for
use in the drawing of jurors in the magistrates' courts as provided in the above
!proviso. 1936 (39) 1535.
The above proviso added to this section ; Pay of jurors in criminal cases in
and comma after the word "one" line six, magistrates' court, Chester County, see
(this section 1932 Code, omitted, 1936/1535. 1936/1472.
§ 3749. Magistrates, Aiken County.
See this section in 1934 Supplement.
§ 3751. Magistrates, Anderson County.
See 1933/359 and 1935/445 which provide magistrates in the city of Anderson, and
for the serving of processes issued by the when Anderson County liable for same.
§ 3752. Special magistrates, city of Anderson. — (1) Definitions. — As used
in this section, the terms "cause" and "case" mean "cause", "case", "action"
and/or "proceeding". The terms "party" and "parties" mean "party or his
or her attorney of record" and "parties or their attorney of record", respec-
tively. In criminal cases the term "party" shall include the prosecuting witness,
and any attorney representing the state in such cases shall be considered the
attorney of record" as used in this section of such prosecuting witness. The
terms "court of common pleas" and "court of general sessions" mean the
"court of common pleas for Anderson County" and the "court of general ses-
sions for Anderson County", respectively.
(2) Qualifications. — Any magistrate residing in the city of Anderson, in the
county of Anderson, who is licensed to and has been actively engaged in the
§ 3752 1936 Supplement 136
practice of law in this state for a period of five years shall be numbered and
commissioned, designated and known as "Special Magistrate". The two
magistrates now residing in the city of Anderson, namely, G. H. Geiger and H.
G. Dean, are hereby declared to possess the qualifications of special magistrates
and are hereby designated as such, as follows : G. H. Geiger, special magistrate
No. 1, and H. G. Dean, special magistrate No. 2. If at any time a special
magistrate shall cease to reside in said city of Anderson and/or shall cease to
be licensed to practice law in this state and/or shall cease to be a magistrate,
such person shall no longer be a special magistrate.
(3) Jurisdiction of Ordinary Magistrates. — Special magistrates shall have
the same jurisdiction, power and authority conferred upon magistrates generally
throughout the said county and nothing in this section shall be construed to
alter or change the law applicable thereto or the procedure, rules, methods and
manner of performing their duties as an ordinary magistrate in cases and
matters within the jurisdiction of magistrates generally throughout said county ;
except, however, as is specifically set forth in subsection 9 hereof.
(4) Additional Civil Jurisdiction. — Special magistrates in addition to their
jurisdiction, power and authority referred to in subsection 3 hereof, shall have
the same jurisdiction as the court of common pleas and the judges thereof and
concurrent therewith, in all cases in law and equity, special proceedings and
remedial remedies, when the value of the property in controversy or the amount
claimed does not exceed the sum of one thousand ($1,000.00) dollars, to issue
and hear writs of habeas corpus, to determine the custody of minor children:
Provided, however, they shall not have jurisdiction in any case where the title
to real estate is involved, and shall not have appellate jurisdiction : Provided,
further, that when in any case before such special magistrate a defendant pleads
a counterclaim, recoupment or set off for more than one thousand ($1,000.00)
dollars, said magistrate shall not try the case, but shall forthwith transfer
the same to the court of common pleas for trial and no transfer fee shall be
charged for so transferring same.
(5) Transfer of Causes. — The jurisdiction of any civil case when once
acquired by a special magistrate shall not before the termination of such case
be surrendered, except by appeal and except that such case may at any time
after the issues have been joined and before trial be transferred as follows:
(1) To the court of common pleas upon the written consent of all parties to
said case, not in default. (2) To the court of common pleas as set out in sub-
section 4 hereof. (3) To some other special magistrate upon the written con-
sent of the special magistrate to whom the transfer is to be made and the
written consent of all parties to said case, not in default. (4) To some other
special magistrate, if there be some other such special magistrate, and if not,]
to the court of common pleas, whenever any party to said case shall file with
the special magistrate from whom such case is sought to be transferred, an
affidavit to the effect that he does not believe that he can get a fair trial be-
fore such special magistrate, Provided, Said affidavit shall set forth the grounds
of such belief, and Provided, further, That five days' notice in writing shall
have been given to each party to said case, not in default. Except in cases
of transfer under provisions of subsection 4 hereof before any case is trans-
ferred as herein provided, the special magistrate shall charge and collect from
the moving party the sum of one dollar and fifty cents ($1.50) as costs for
such transfer and such costs shall not be taxable as court costs in the case
against any of the parties to the case. Provided, nothing herein shall be con-
137 Code of Laws of South Carolina § 3752
■trued to prevent a withdrawal of any such cause upon the written consent of
all parties thereto, not in default: Provided, further, a nonsuit shall be for
the purpose of this subsection considered a termination of such case.
(6) Costs and Fines — Collection — Disposition. — Before or at the time
any civil case is filed in court of special magistrate such magistrate shall re-
quire the payment of the sum of two and 50/100 ($2.50) dollars, Provided,
That the plaintiff's money demand if any in such case does not exceed four
hundred ($400.00) dollars, but if such does exceed four hundred ($400.00)
dollars, then the cost shall be five ($5.00) dollars instead of two and 50/100
($2.50) dollars, such sum to be total magistrate's cost in said cause, if there
be no transfer or appeal. Provided, this requirement shall not apply to civil
causes referred to in subsection 3 hereof. In claim and delivery cases the
value of the property claimed shall be considered as the amount of money de-
manded by the plaintiff. In the event said cause is transferred to some other
special magistrate the said sum of two and 50/100 ($2.50) dollars or five
($5.00) dollars as the case may be, shall be forwarded to such magistrate to
whom the cause is transferred. In the event the said cause is transferred to the
court of common pleas, said costs of two and 50/100 ($2.50) dollars or five
($5.00) dollars as the case may be shall be returned to the party having paid
same. Upon a cause being transferred to the court of common pleas the clerk
of that court shall charge such costs as provided by law in cases originally
commenced in said court of common pleas. The costs received by a special mag-
istrate under the provisions of this subsection that are not returned to the
payer or forwarded to another special magistrate as above provided, together
with all costs collected under the provisions of subsections 5 and 14 hereof shall
accrue to the county of Anderson and shall be paid over to said county in like
manner as fines. All fines collected by a special magistrate shall be paid over
to the county of Anderson in like manner as fines collected in cases referred
to in subsection 3 hereof. The filing of the summons in any civil case before
such special magistrate shall be construed and deemed as the filing of such
case and no summons in such court shall be valid or binding unless before
service same shall have been filed in the court of special magistrate.
(7) Additional Criminal Jurisdiction. — Special magistrates in addition to
;heir jurisdiction, power and authority referred to in subsection 3 hereof,
mall have the same jurisdiction, power and authority as the court of general
sessions and the judges thereof and concurrent therewith in the following
criminal cases, to-wit: cases charging violation of any of the laws of this state
'elating to intoxicating and/or alcoholic liquors, cases charging non-support
)f wife and/or child or children, bastardy, drawing and uttering fraudulent
meek, driving motor vehicle under the influence of intoxicating liquors, dis-
Dosing of property under lien, and in all other cases charging a violation of
my of the criminal laws of this state where the punishment does not exceed a
ine of five hundred ($500.00) dollars and/or imprisonment of eighteen (18)
nonths, with or without hard labor.
(8) Transfer of Cases from General Sessions. — Upon motion of the so-
icitor, the judge of the court of general sessions may at any time after the
inding of an indictment and before trial, in open court, transfer any criminal
:ase within the jurisdiction of a special magistrate to such magistrate for
rial. Upon motion of the solicitor, the judge or clerk of the court of general
:essions may at any time upon the written consent of the defendant or his at-
orney of record, before or after the finding of an indictment, before trial, at
§ 3752 1936 Supplement 138;
chambers or otherwise ; transfer any criminal case within the jurisdiction of a
special magistrate to such magistrate. Upon any case being so transferred
to the special magistrate to whom such case was transferred shall proceed to try
and dispose of same.
(9) Try Certain Criminal Cases Instead of Sending to General Ses
sions. — A special magistrate in performing his duties as an ordinary magis-
trate, shall perform same in like manner as if he were an ordinary magistrate
only, except, in matters relating to criminal cases which are not within the
jurisdiction of an ordinary magistrate to try, said special magistrate may, if he
deems advisable instead of sending such case to the court of general sessions
proceed to try and dispose of same in like manner as if said case had beer
transferred to him from the court of general sessions as in this section pro
vided ; Provided, that said case is within the jurisdiction of the special mag-
istrate to try, and Provided, further, that the defendant in said case waives ir
writing presentment and indictment by the grand jury of said county.
(10) Solicitor of Tenth Circuit — Duties. — The solicitor of the tenth judi-
cial circuit is not required to appear in the court of a special magistrate anc
prosecute the criminal cases before such court. However, such solicitor may ij
his time and other work permit appear and represent the state and prosecute
such cases, Provided, that the special magistrate before whom such case is to b(
tried make request upon the solicitor for such services.
(11) Report on Criminal Cases. — Each special magistrate shall at interval!
of not exceeding ninety days, make a report to the clerk of court of genera
sessions. Said report shall contain a list of all criminal cases not under appea
and in which the time for appeal has expired, tried and disposed of by sai(
special magistrate subsequent to his last report, showing the name of th
defendant, offense charged and disposition made with date of same, of eacl
case. The arrest warrant, the indictment if there be one, exhibits when practic
able and such other papers as said magistrate deems advisable in each cas<
shall accompany said reports. Provided, the provision of this section shal
not apply to cases referred to in subsection 3 hereof.
(12) Criminal Records. — The clerk of court of general sessions shall kee]
an index book similar as near as practicable to "Sessions Index" book no"v
kept by him, in which he shall list the name of all defendants tried by specia
magistrates, alphabetically arranged, together with the offense charged, th
plea, the date of conviction or acquittal, as the case may be, and final disposi
tion made of same, including the sentence imposed if any together with th
number given by said clerk of such case. Said clerk shall keep suitable file
within which he shall keep the papers of such cases, after numbering eac
case filed with him in the reports of the special magistrate. The papers in case*
other than those referred to in subsection 3 hereof, under appeal from th
court of a special magistrate shall be kept in the clerk's regular magistrat
court appeal file until disposed of. Upon final determination of such appea
cases, said clerk shall enter the proper data in said index book, shall numbe
the case and place all papers pertinent thereto in the file with other cases o
the special magistrates, except however in cases where a new trial has bee
granted, and in these cases all papers therein shall be forwarded to the prope
special magistrate for disposition.
(13) Transcript of Record — File Pleadings and Exhibits — Enter Judc
ment — Lien. — Upon the demand of any party litigant in any civil case i
which judgment has been entered by a special magistrate, other than thos
139 Code of Laws of South Carolina § 3752
cases referred to in subsection 3 hereof, such magistrate shall issue a transcript
thereof and shall forward same together with the pleadings and exhibits if
practicable in said case to the clerk of the court of common pleas to be filed
and docketed in his office, Provided, that the party demanding such transcript
shall pay to such magistrate the said clerk of court's costs in such matters,
which shall be forwarded to said clerk along with said transcript. Upon receipt
of said transcript and said papers and his fee accompanying same said clerk
of court shall file and docket said case in the manner provided by law for the
transcript of judgment in cases referred to in subsection 3 hereof; and from
that time such judgment shall be a judgment of the circuit court.
No such judgment shall be a lien on any real property of the judgment
debtor until it shall have been entered upon the book of abstracts of judgment
and duly indexed in the office of the clerk of court of common pleas. Such
judgment when so entered upon said book of abstracts and duly indexed
shall from time of such entry on said book of abstracts and of being so indexed
constitute a lien upon the real property of the judgment debtor as provided
in section 743.
(14) Appeals. — (a) Appeals in civil cases, other than those referred to in sub-
section 3 hereof, from a magistrate's court in which the magistrate is a special
magistrate, shall be in the same manner and under the same rules as provided
by law for appeals in cases referred to in subsection 3 hereof, except however
as follows, to-wit: (1) An appeal shall operate as a supersedas and stay to the
extent and in the manner that an appeal from the circuit court to the supreme
court operates as a supersedas and stay. (2) The appellant shall have ten days
to serve the notice of intention to appeal and the grounds thereof, both of
which shall be in writing, instead of five days as provided in section 795, and
such notice shall be of no effect unless at the time of serving same upon the
special magistrate, or prior thereof, the magistrate's return cost be paid as be-
low in this subsection provided. (3) The court of common pleas shall have only
the same appellate jurisdiction of appeals from the court of a special mag-
istrate as the supreme court of appeals from the court of common pleas, save
: and except that appeals may be taken from said court of common pleas to
the supreme court in the manner provided by law. (4) In every appeal the
special magistrate before whom the judgment appealed from was rendered,
■ shall receive three ($3.00) dollars as return costs, to be paid by the party ap-
pealing and which shall be taxable as costs in the case, which sum shall ac-
i crue to the said county. The clerk of court of common pleas shall make no
> charge for the filing of such appeal, the said three ($3.00) dollars paid as re-
' turn costs to the special magistrate being in lieu of all fees of the clerk of
court of common pleas pertinent to such appeal. (5) In cases in which the testi-
; mony was taken in shorthand by a stenographer the return may be made with-
' out the transcribed testimony, if at the time of the making of such return the
transcribed testimony is not available for the reason that the stenographer has
not transcribed same. In such event the transcribed testimony when available
shall be forwarded to the clerk of the appellate court and by him filed with
other papers in the case. (6) Only so much of the transcribed testimony perti-
nent to the issues raised by the appeal as is necessary for the determination
of such issues need be filed with the clerk of the appellate court. If the parties
interested in the appeal cannot agree on the transcribed testimony to be filed,
the special magistrate shall designate what portion of the testimony shall be
filed, and such designated portion of the testimony shall be filed as aforesaid,
§ 3752 1936 Supplement 140
Provided, that in such event the appellate court in hearing the appeal may
order other portions of said testimony to be filed and consider same in de-
termining the issues before it. Provided, further, that nothing herein shall pre-
vent the parties interested in the appeal from waiving the testimony upon an
agreed statement of facts. (7) The stenographer's transcribed testimony signed
by the stenographer and attested by the special magistrate as provided in sub-
section 26 hereof, shall be used by the appellate court in lieu of and in like
manner as if the testimony were taken down in writing at the trial and signed
by the witnesses. (8) And except as is otherwise in this section provided.
(b) Appeals in criminal cases, other than those referred to in subsection
3 hereof, from a magistrate's court in which the magistrate is a special mag-
istrate, shall be in the same manner and under the same rules as provided by
law for appeals in cases referred to in subsection 3 of this section except
however as follows, to wit: (1) The appellant shall have ten days after sentence
to serve the notice of intention to appeal with the grounds thereof, both of
which shall be in writing, instead of five days as provided in section 1025. The
pleading setting forth the grounds of appeal shall contain a statement by
the party appealing, his agent or his attorney of record, to the effect that in
his opinion the appeal is meritorious and is not made for the purpose of delay.
(2) The time limit set out in section 1026, for the magistrate to file the record,
etc., with the clerk of court of general sessions shall be twenty days instead
of ten days as provided in said section. (3) The court of general sessions shall
have only the same appellate jurisdiction of appeals from the court of a special
magistrate as the supreme court has of appeals from the court of general
sessions, save and except that appeals may be taken from said court of general
sessions to the supreme court in the manner provided by law. (4) Provisions
in exceptions five, six, seven and eight applicable to civil cases set out above
shall likewise apply to criminal cases.
(c) The transcribed testimony in civil and criminal cases referred to in sub-
divisions (a) and (b) in this subsection shall upon request of the party appeal-
ing be furnished by the stenographer to the special magistrate before whom the
case was tried, Provided, that such stenographer be paid by the party request-
ing such transcribed testimony the legal charges for his service for transcribing
such testimony. Legal charges as above used shall be construed to mean such
charges as are provided by law for the circuit court stenographer of the tenth
judicial circuit for furnishing transcripts of testimony, and such charges shall
be taxable as costs in the case.
(d) In appeals in both civil and criminal cases, other than those referred
to in subsection 3 hereof, the special magistrate before whom the case was
tried, may within his discretion extend the time in which the grounds upon
which such appeal is founded may be served, Provided, that this provision of
extension of time shall not apply to notice of intention to appeal.
(15) Trial of Contested Cases. — In all civil cases pending for trial before
a special magistrate, other than cases referred to in subsection 3 hereof, such
special magistrate shall as soon as practicable ascertain from all parties to such
action, not in default, if a jury trial is desired ; if such is desired, then in that
event the trial of said case shall be before a jury, otherwise the right of trial
by the jury shall be deemed waived and the case shall be tried without a jury.
(16) Jury Boxes. — On or before the first day of each year each special mag-
istrate shall prepare a jury box for the use in his court in the trial of all jury
cases, except those referred to in subsection 3 as follows : Said box shall be
141 Code of Laws of South Carolina § 3752
furnished by the county board of commissioners of said county, or other gov-
erning body of said county, shall have two compartments marked A and B re-
spectively, and in compartment A said special magistrate shall place the
names of not less than four hundred qualified electors, who are subject to
jury duty in the court of general sessions and common pleas, residing within
a radius of seven miles of the court house of said county ; and shall cause each
of said names to be written on a separate piece of paper and shall fold up said
pieces of paper so as to resemble each other as much as practicable, and so that
the names thereon shall not be visible from the outside, and shall place said
pieces of paper with said names written thereon, in said compartment A of
said box. That the names of all jurors, except in case of emergency as provided
in subsection 20 hereof, and except extra veniremen as provided in subsection
22 hereof, in all jury trials before the special magistrate, except those causes
referred to in subsection 3 hereof shall be drawn from said compartment A
of said box in the manner hereinafter provided.
(17) Jury Trials — Drawing of Jurors. — The trial of jury cases before a
special magistrate shall be before six jurors who shall be selected in the fol-
lowing manner, to wit : Before trial the special magistrate shall draw from
compartment A of said box slips of paper with said names written thereon
until he has drawn the names of seventeen (17) prospective jurors and shall pre-
pare a list of same in the order drawn. If in the case to be tried there be more
than one defendant, in criminal cases, or more than one defendant not in de-
fault, in civil cases, the number of names so drawn and listed shall be an ad-
ditional four names for each defendant to be tried in such criminal case and
for each defendant not in default in such civil case in excess of one. In draw-
ing and listing said prospective jurors said special magistrate may as he sees
fit lay aside, and same shall not be considered as having been drawn, and not
list, one or more of such names drawn, provided the number of such names
laid aside and not listed shall not exceed six in any one cause.
(18) Selection of Jury. — Before trial of any cause to be tried with a jury
the special magistrate shall notify all parties to said cause, not in default,
of the time and place of the selection of the jurors to serve on said cause. At
the designated time and place said list of prospective jurors shall be sub-
mitted to said parties and thereupon the plaintiff or plaintiffs in civil causes
and the prosecuting witness in criminal causes, shall strike from said list the
name of one of the prospective jurors. Upon this being done each defendant
not in default in civil causes, and each defendant in criminal cases, shall strike
one name from said list. This procedure shall be repeated until the number of
names left upon said list shall be nine (9), all of whom shall be summoned to
appear for service upon said cause. At the commencement of the trial of said
cause said special magistrate shall select six (6) of the jurors summoned as
above provided, who have not been adjudged disqualified and/or excused, to
comprise the jury panel in said cause. In the event any of the parties do not
appear and participate in the striking of the names from said list as above pro-
vided, the special magistrate shall strike for and in behalf of such party or
parties not participating in the striking, so many of the names on the said list
as will leave the required number of nine to be summoned.
(19) Additional Procedure to Select Jury. — The special magistrate be-
fore whom a case is to be tried may, in any case he deems advisable, in lieu of
the procedure set out in subsection 18 above, summon all of the men whose
names appear on said jury list, to appear for service as jurors in the cause to
§ 3752 1936 Supplement 142
be tried. In this event, in civil cases, the striking of the names of those appear-
ing from said list after the names of any who have been disqualified or ex-
cused have been stricken off by the special magistrate, and the selection of the
six men to serve as jurors, shall be at the time of the commencement of the
trial in the same manner as prescribed in subsection 18 above ; and in criminal
cases, the jurors appearing who are not excused by the court, or disqualified,
shall be presented to be accepted or rejected in the order their names appear
on said list; and the prosecuting witness and each defendant shall each be en-
titled to object to and reject four of the jurors so presented. The first six
jurors not objected to shall constitute the jury to try said cause.
(20) Extra Jurors. — If at the time of the commencement of the trial of any
cause there are not sufficient jurors, who have not been objected to, to fill the
panel of six, for the reasons that one or more have failed to attend as required
by the summons, and/or one or more have not been summoned after due dili-
gence on the part of the person serving the summons, and/or one or more have
been excused and/or declared disqualified by the court; the jurors necessary
to fill the panel may be selected in the usual manner as jurors are selected to
try cases before ordinary magistrates, that is those cases referred to in sub-
section 3 hereof.
(21) Terms of Court — Drawing of Jurors. — Any special magistrate may at
such time or times, as he deems advisable, in lieu of the method of trial of cases
as above provided in this section, set, fix and designate a term of court con-
sisting of a week or less, during which such of the cases pending for trial be-
fore him as he may designate shall be subject to trial. At least ten (10) days
before the commencement of such term of court the special magistrate shall
give notice of such term of court and of the drawing of the jurors for such
term by publishing a statement in one of the newspapers published in said
county or by posting such statement at the court house door in said county.
Said statement so published or posted, as the case may be, shall state the time
and place of the commencement of such term of court and shall also state the
time and place of the drawing of the jurors for such term of court consisting
of a week or less, during which such of the cases pending for trial before him
as he may designate shall be subject to trial. At least ten days before the com-
mencement of such term of court notice shall be given to the parties whose
cases are to be called for trial during such term, or to their respective at-
torneys of record.
(22) Jury Trials During Terms. — In the event of a fixed term of court
as provided in subsection 21 hereof, the magistrate may in lieu of the method
set out in subsections 17, 18, 19 and 20 hereof, provide for jury trials during
such term of court, as follows : Said magistrate shall make up a jury list as
provided for in subsection 17 hereof, except the list shall contain eighteen
names instead of seventeen. That the eighteen proposed jurors whose names
appear on said list shall be summoned to appear before the said magistrate at
the commencement of such term of court and they shall be liable for jury
duty during the entire term of the court. That during such term of court the
magistrate may at any time require the attendance upon the court such num-
ber of additional jurors or extra veniremen as he may deem advisable, who
shall be selected by the magistrate in the manner provided for the selection of
additional jurors in subsection 20 hereof.
(23) Jurors Living More than 7 Miles from Court House. — If before,
during or after the trial of any jury case before a special magistrate, it should
143 Code of Laws of South Carolina § 3752
appear that, on account of an unintentional error in making up the jury box
or on account of change of residence since the making up of said box, one or
more of the jurors or prospective jurors reside at a greater distance than
seven miles from the Anderson County court house, such fact shall not dis-
qualify such juror or prospective juror and he shall be competent, if not other-
wise disqualified, to serve in like manner as if such error had not occurred or
as if such change of residence had not been made.
(24) Drawing of Names from Jury Boxes. — All names drawn from com-
partment A of said box in selecting a jury as in this section provided shall as
soon as practicable be returned to said compartment A, except, however, the
names of jurors who are finally selected to and do participate in the trial of the
cause, and the names of these men shall be placed in compartment B of said
box. At intervals of not less than three months and not more than six months
all names in compartment B of said box shall be returned to and placed in
compartment A of said box : Provided, however, that if at any time the names
in compartment A become exhausted, the names in compartment B shall forth-
with be returned to and placed in compartment A.
(25) Pay of Jurors and Witnesses. — Jurors summoned as herein provided
shall be paid as follows : Each juror actually serving on any case, the sum of
one dollar per day and mileage at five cents per mile one way the nearest
traveling distance from the residence of such juror to the place of trial ; each
juror appearing for service but not serving on the case, the sum of fifty cents
per day and mileage as above provided, Provided, that jurors who appear for
service and are excused upon their own motion shall not receive any pay or
mileage. State witnesses other than expert witnesss in criminal cases shall be
paid the sum of fifty cents per day and mileage in the amount provided for
jurors ; expert witnesses in such cases shall be allowed the same pay and mile-
age as allowed expert witnesses in the court of general sessions ; Provided,
that the special magistrate may refuse to allow any pay and mileage to any
witness that he deems not a necessary witness in the case. That such magistrate
in allowing pay and mileage to witnesses and jurors shall issue pay certificates
similar to those used by the clerk of court of general sessions. The treasurer of
said county shall, upon presentation, honor and pay the amount called for by
said certificates in like manner as is done by certificates issued to the jurors
and witnesses in the court of general sessions.
(26) Stenographer. — The special magistrates shall appoint and employ an
official stenographer who shall hold office at the pleasure of said special mag-
istrates, and who shall be paid by said county such salary or compensation as
the legislature may designate, to take down and transcribe the testimony and
judge's rulings and charge in cases before them as special magistrate, and to
do such other stenographic and/or other work pertinent to their magisterial
work, including matters pertinent to their work under their power and au-
thority referred to in subsection 3 hereof, as may be convenient and practic-
able. The special magistrates shall confer with one another and divide the time
of such stenographer between them to the end that the taking and transcribing
of testimony in cases may be done expediently and with as little delay as
possible. Said special magistrates may, whenever to do so will not interfere
seriously with other duties of the stenographer, require said stenographer to
attend inquests held by the coroner of said county and take down and
transcribe the testimony given at such inquest. In all instances where the testi-
mony is taken by the stenographer in shorthand, witnesses giving such testi-
§ 3752 1936 Supplement 144
mony shall not be required to sign name, and the transcribed note of the ste-
nographer, signed by the stenographer and attested by such magistrate or
coroner, as the case may be, shall be as effectual as if witnesses signed their
respective testimonies. Said stenographer shall furnish any party litigant with
transcript of testimony and magistrate's rulings and charge: Provided, that
except as may be otherwise provided in this section, the stenographer's fees
or charges for furnishing transcripts of testimony, rulings and charges of the
special magistrate, and the furnishing of same without fee or charge, shall be as
is provided in section 596, and any amendments thereto. Materials and supplies
used by the stenographer shall be paid for by the county of Anderson, except
materials and supplies used by him in furnishing transcript for which he is
paid by party litigants.
(27) Put Testimony, Rulings and Charge in "Writing. — The testimony of
witnesses and the magistrate's rulings and charge in all cases before a special
magistrate, other than cases referred to in subsection 3 hereof, shall be taken
down in writing, either in longhand or in shorthand, and later if necessary
transcribed: Provided, such testimony and magistrate's charge need not be
written down in default civil cases : Provided, further, the parties not in default
in civil cases and the prosecuting witness and defendants in criminal cases
may waive the writing down of the testimony and magistrate's rulings and
charge.
(28) Stenographer Furnish Coroner Copies of Testimony of Inquests. —
In all inquests at which the testimony of the witnesses was taken down in
shorthand by said stenographer, an original and one copy of such testimony
shall be furnished by said stenographer to the coroner as soon as practicable,
and said stenographer shall make no charge for so doing.
(29) Attachment — Claim and Delivery. — The procedure and security re-
quired in attachment and in claim and delivery cases before a special mag-
istrate shall be the same as provided by law for attachment and claim and
delivery cases in ordinary magistrates' courts, except however in attachment
cases the security required of the plaintiff shall be two hundred and fifty
($250.00) dollars in all the cases in which the plaintiffs' demand exceeds five
hundred ($500.00) dollars, and in cases in which such demand does not ex-
ceed five hundred ($500.00) dollars the security shall be at least twenty-five
(25%) per cent of such demand.
(30) Payment of Costs and Fees. — Any and all costs and fees required by
this section to be paid by any parties litigant shall be paid as herein pro-
vided, and the provisions of section 6, of act No. 893, of the General Assembly,
1932, approved April 12, 1932, shall not apply thereto.
(31) Process — Pleadings — Procedure — Practice — Evidence. — The
same form of process and pleadings, and the same rules of procedure, practice
and evidence shall obtain in any case, other than those cases referred to in
subsection 3 hereof, before a special magistrate, as is provided by law for the
court of common pleas and the court of general sessions, respectively, where
not inconsistent with any of the provisions of this section.
(32) Saving Clause. — In the event that any subsection, sentence, clause, para-
graph or portion of this section be declared unconstitutional by any court of
competent jurisdiction, such judgment shall affect only the subsection, clause,
sentence, paragraph or portion of this section affected by such judgment, and
145 Code of Laws op South Carolina § 3757
the remainder of the said section shall remain in full force and effect. 1935 (39)
311; 1936 (39) 1474.
Section 3752. 1932 Code, repealed by 1033/ 1474.
360. This section added by 1035/311 ; 1036/
§ 3755. Magistrates, Beaufort County.
Magistrates report monthly to county on collection of road and poll tax execu-
board of directors on criminal matters and tions, Beaufort County, 1035/385.
§ 3757. Magistrates, Charleston County. — (1) Ministerial Magistrates in
City of Charleston — Constables — Salaries. — There shall be three ministerial
magistrates in the city of Charleston, who shall have the same powers and
duties as ministerial magistrates in the city of Charleston have heretofore had,
and whose salaries shall be annually fixed in the Charleston County supply
bill : Provided, however, that nothing herein contained shall affect any provi-
sion in said supply bill granting to the Charleston County delegation to the
South Carolina General Assembly the right to reduce or eliminate any salary
or salaries therein contained. Said magistrates shall have the right to appoint
one constable each at a salary to be fixed annually in said supply bill subject,
however, to any provisions that may be incorporated in said supply bill ap-
plicable thereto.
(3) Magistrates in County Outside of City of Charleston — Constables
Salaries — Vacancies — Change of Venue. — The magistrates of the county of
Charleston, outside of the city of Charleston, shall be located as follows : One
in Second St. James Goose Creek Parish, whose jurisdiction shall be limited
to and include all territory in the Parishes of First St. James Goose Creek,
Second St. James Goose Creek, and St. Phillip's and St. Michael's; the office
of magistrate at Ten Mile Hill in the county of Charleston be and the same is
hereby abolished ; said magistrate of Second St. James Goose Creek Parish shall
have the right to appoint two constables; one in the Parish of St. Andrew's,
whose jurisdiction shall be limited to the territory in said parish, and he shall
have the right to appoint one constable ; one on Edisto Island, whose jurisdiction
shall be limited to the territory included in Edisto Island ; one on AVadmalaw
Island, whose jurisdiction shall be limited to the territory included in AVadma-
law Island; two on John's Island, whose jurisdiction shall be limited to the
territory included in John's Island; one on James Island, whose jurisdiction
shall be limited to the territory included in James Island; one on Sullivan's
Island, whose jurisdiction shall be limited to the territory included in Sulli-
van's Island and the Isle of Palms; one in the town of Mt. Pleasant, whose
jurisdiction shall be limited to the territory included in said town and Christ
Church Parish, one at Awensdaw Bridge, on Awensdaw Creek, which divides
the parish of St. James Santee from Christ Church Parish, whose jurisdiction
shall be limited to the territory included in St. James Santee Parish; one on
Christ Church Parish, to be located at or near seven mile stone, whose juris-
; diction shall be limited to the territory included in Christ Church Parish ;
one at McClellanville, whose jurisdiction shall be limited to the territory in
the parish of St. James Santee; three in St. Paul's Parish, one of whom shall
be located at or near Meggetts, one at Adams Run, and one at "Warrens Gross
Roads, whose jurisdiction shall include all territory of Charleston County to
the north of the Atlantic Coast Line Railroad, and bounding on the east on a
line running due north from Rantowles to the Dorchester County line, and west
by the Edisto River.
The salaries for all magistrates and magistrates' constables in Charleston
County, with the exception of the magistrates in the city of Charleston and
§ 3757 1936 Supplement 146
the magistrates at Second St. James Goose Creek Parish, St. Andrew's Parish
and St. James Santee shall receive a salary of $500.00 per annum, and constables
of such magistrates shall receive a salary of $250.00 per annum. The salaries of
the magistrates and the constables in the city of Charleston and the parishes
of Second St. James Goose Creek and St. Andrew's shall be fixed annually in
the Charleston County supply bill. Provided, that in case the office of magistrate
of any district in Charleston County is vacant and in cases where the mag-
istrate of a district is dead, disqualified or otherwise incapable of serving,
all criminal offenses committed, or having been committed, within his juris-
diction and all causes of action arising, or having arisen, therein shall be with-
in the jurisdiction of and triable by any other magistrate in Charleston County
other than the ministerial magistrates within the city of Charleston. And in all
cases in which the magistrate before whom the matter is presented shall deem
it necessary to prescribe a change of venue, the venue thereof may thus be
transferred to any other magistrate in Charleston County other than the three
(3) ministerial magistrates in the city of Charleston. 1935 (39) 212; 1936 (39)
1491.
Except as above amended this section remains unchanged.
§ 3759. Magistrates and constables in Cherokee County.
See this section in 1934 Supplement.
§ 3760. Magistrates, Chester County. — (1) Compensation. — The magis-
trates of Chester County, South Carolina, shall receive the following salaries
said salaries to be paid monthly :
First district (Chester township), $1,200.00; second district (Lewisville
township), $230.00; third district (Landsford township), $280.00; fourth dis-
trict (Rossville Township), $230.00; fifth district (Baton Rouge township),
$230.00; sixth district. (Halsellville township), $230.00; seventh district
(Hazelwood township), $100.00; eighth district (Blackstocks township), $230-
.00 ; ninth district Great Palls, $800.00. Provided, that the magistrate of the
first district shall be allowed ten ($10.00) dollars per month for clerk hire, be-
ginning March 1st, 1936.
(2) Compensation of Magistrates' Constables — Duties of Constable in
Second District. — The magistrates' constables for Chester County, South
Carolina, shall receive the following salaries, said salaries to be paid monthly ;
First district, $600.00; second district, $240.00; third district, $120.00; fourth
district, $300.00 ; fifth district, $120.00 ; sixth district, $80.00 ; seventh district,
$40.00 ; eighth district, $90.00 ; ninth district, $650.00 ; industrial deputy sheriff
at Elizabeth Heights ( ), $120.00.
Provided, that in addition to the regular duties which the constable in the
second district is required to discharge, he shall be required to serve two full
days each week at the Monetta cotton mill village in Chester County and the
adjacent surrounding community; that the days in which he is to serve at such
village shall be designated by the magistrate of that district, Provided, further,
that in said village, only, he shall, in addition to his regular authority, have
police authority as now granted to the rural police of Chester County; Pro-
vided, further, that if he fails or refuses to discharge the additional duties pro-
vided herein or any part thereof required of him, his salary shall be at the rate
of one hundred and twenty ($120.00) dollars per year for such length of time as
such duties are not discharged.
147 Code of Laws of South Carolina § 3769-1
(3) Duties. — Magistrates and constables shall co-operate with the county
board of directors in collecting the road tax, and shall also co-operate at all
times in enforcement of law and especially the game laws. 1936 (39) 1461.
(4) Report Cases Pending or on Appeal. — It shall be the duty of each
magistrate in Chester County to report to the board of county directors of
Chester County, the name of every defendant whom he has admitted to bond
for trial in his court, and the charge against him, and who has been out on
bond for fifteen days and make said report at the end of fifteen days from the
date of the bond ; also to report to the said board each appeal taken from an
order or judgment of his court and to make said report of appeals within ten
days from the date of the appeal. Before the salary warrant of any magistrate
shall be issued he shall certify in his claim therefor that he has complied with
the provisions of this subsection and the county board of directors shall not issue
any salary warrant until such certificate has been made or until it is satisfied
that the magistrate has complied with the provisions hereof. 1935 (39) 125.
§ 3760-1. Magistrates and constables, Chesterfield County.
See this section in 1934 Supplement.
§ 3760-2. Magistrates in Clarendon County.
See this section in 1934 Supplement.
§ 3762. Magistrates, Dorchester County.
See this section in 1934 Supplement.
§ 3764. Magistrates, Winnsboro Mills Village, Fairfield County. — * * *
Provided, that this magistrate shall be voted for in the primary. 1936 (39) 1304.
The above proviso added ; and comma 1932 Code, line seven thereof, 1936/1304.
omitted after word "district," this section,
§ 3765. Magistrates, Florence County. — There shall be the following mag-
istrates in Florence County, located as follows : One in the city of Florence,
one at Timmonsville, one at Olanta, one at Lake City, one at Johnsonville, one
in the vicinity of Kingsburg, one at Pamplico, one at Evergreen, one at
Cowards. Provided, that so much of the territory of Pee Dee and Hanna Mag-
isterial district as now comprises Trinity school district No. 35 in Florence
County is hereby transferred, annexed to and made a part of Johnsonville
magisterial district in the said county of Florence. Each magistrate shall ap-
point a constable and the salary of each magistrate and each constable shall
be fixed by the county supply bill. Provided, that the governing board of
Florence County shall furnish to all magistrates in the county all legal blank
forms used in criminal cases that are necessary in their official duties. Each
magistrate shall keep in a book provided for that purpose all receipts to him
from the county treasurer for all fines and costs collected in his court, which
shall be itemized and such receipts shall be delivered with the docket of each
magistrate to the governing board at least once in every three months. 1933
(38) 516; 1935 (39) 170.
By 1933/516 magistrates were provided annual supply bill ; and certain duties de-
for Kingsburg, and Cowards ; pay of magis- volved on the governing board,
trates and constables to be determined by First proviso added by 1936/170.
§ 3769. Magistrates, Greenville County. — * * * The magistrate at the
town of Greer, in Greenville County, in addition to his present jurisdiction,
shall have criminal and civil jurisdiction throughout the whole of Greenville
County. 1935 (39) 30.
The above added by 1935/30.
§ 3769-1. Magistrates, Hampton County.
See this section in 1934 Supplement.
§ 3770 1936 Supplement 148
§ 3770. Magistrates, Horry County.
See this section, 1934 Supplement. Neck townships, and designated certain
1936/1440 provided for nomination of persons who could vote for the magistrate
magistrate of Little River and Dogwood at Myrtle Beach.
§ 3772. Magistrates, Kershaw County.
See this section in 1934 Supplement.
§ 3773. Magistrates, Lee County.
1935/348 transferred portion of Spring district.
Hill magisterial district to Iona magisterial
§ 3773-1. Magistrates, Lancaster County.
See this section in 1934 Supplement.
§ 3773-2. Magistrates, Lexington County.
See this section in 1934 Supplement.
§ 3774. Magistrates, Marion County. — There shall be five magistrates in
Marion County, located respectively at Marion, Mullins, Brittons Neck town-
ship, Sellers and Nichols, who shall receive such salaries as shall be fixed from
year to year by the General Assembly and inserted in the annual county sup-
ply act. The sheriff shall be required to perform all of the duties of constable
for the magistrate at Marion. There shall be a constable for the magistrate at
Mullins to be appointed by such magistrate, who shall serve for the term of one
year and shall be required to file with said magistrate and the board of county
commissioners a monthly itemized statement of the work done by him during
the previous month, and no salary shall be paid until such statement has been
duly filed. The said constable shall have police powers in Reaves township,
and shall also act as constable for the magistrate at Nichols. There shall also
be constables for each of the magistrates at Brittons Neck township and Sel-
lers, who shall be appointed by these magistrates respectively, and shall be
subject to the requirements aforesaid with reference to term of office and
monthly statements. The salaries of all these constables shall be fixed from
year to year by the General Assembly and inserted in the annual county sup-
ply act. 1935 (39) 155.
This section comes from 1935/155.
§ 3776. Magistrates, McCormick County.
See 1935/131 (§ 4644-1, this supplement) 1935/34 provides for constable for mag-
for bond for magistrates. istrate in town of McCormick.
§ 3777. Magistrates, Newberry County. — (1) Districts. — The county of
Newberry shall be divided into six (6) magisterial districts, to be designated as
magisterial district number one ; magisterial district number two ; magisterial
district number three and magisterial district number four ; magisterial dis-
trict number five, magisterial district number six. Magisterial district number
one shall consist of that part of township number three lying north and east
of Enoree River, township number four and that part of township number five
lying north and east of state highway number two. Magisterial district num-
ber two shall consist of township number one, township number two and that
part of township number three lying south and west of Enoree River, and that
part of township number five lying south and west of highway number two,
township number six and township number eight ; magisterial district number
three shall consist of that part of township number nine, not including the
Wheeling school district, the Little Mountain school district, and township
number ten and not including the Central school district. Magisterial district
number four shall consist of Central school district and townships numbers
eleven and twelve, not including Red Knoll school district. Magisterial district
149 Code of Laws of South Carolina § 3786
number five shall consist of Wheeling, Little Mountain and Red Knoll school
districts, and magisterial district number six shall consist of township num-
ber seven.
(2) Offices. — The place of office for magisterial district number one shall
be Whitmire ; the place of office for magisterial district number two shall be
Newberry, the place -of office for magisterial district number three shall be
Prosperity, and the place of office for magisterial district number four shall
be Pomaria ; the place of office for magisterial district number five shall be
Little Mountain, and the place of office for magisterial district number six
shall be Chappells.
(3) Nomination — Terms — Jurisdiction. — Candidates for magistrates shall be
bona fide electors of the respective magisterial districts of which he seeks elec-
tion and shall be nominated in the primary election every two years and shall
hold office until his successors have been appointed and where jurisdiction
shall extend over territory as set forth hereinabove provided that those mag-
istrates serving at the time of the passage of this act shall serve two years
from the date of appointment. 1935 (39) 222, 89; 1936 (39) 1673.
Section 3777, 1932 Code, repealed by 1935/222, 89; 1936/1673.
1932/1268, 1525. Present section comes from
§ 3778. Magistrates, Oconee County.
See this section in 1934 Supplement.
§ 3781. Magistrates, Pickens County.
The sentence added to this section by commission to appoint magistrates con-
1933/466 was repealed by 1936/1377. stables for Six Mile and Pumpkintown.
1936/1493 authorized county constable See this section in 1934 Supplement.
§ 3782. Magistrates, Richland County. — * * * (11) Jurisdiction. — Each
magistrate in Richland County shall be limited in his jurisdiction of criminal
causes triable before him to those offenses occurring within the territorial
limits of his magisterial district, and in civil causes triable before him to
causes of action arising within the territorial limits of his magisterial district
or where the defendants, or any of them reside wthin the said district: Pro-
vided, that the territory lying north of United States highway no. 76, east of
Messrs Mill road and south of Leesburg road to Wateree river shall be under
the concurrent jurisdiction of the magistrates at Eastover and Garners. 1936
(39) 1628.
Subsection 11 added to this section by magistrates in Richland County.
1936/1628. See this section in 1934 Supple- See § 165, 1932 Code, and this supplement,
ment for other provisions relating to
§ 3785. Magistrates, Spartanburg County. — * * * (1) Terms — Salaries —
Jurisdiction — * * * In addition to the number of magistrates in Spartan-
burg County, there is hereby created the office of magistrate at Pacolet Mill
in Spartanburg County. The salary of the magistrate at Pacolet Mill shall be
fixed in the Spartanburg County supply bill. There shall be two additional
magistrates for the county of Spartanburg, to be located one at Glendale and
one at Clifton Mills number one (1), in said county, whose territorial juris-
diction shall extend throughout the county of Spartanburg, and whose salaries
shall be as provided annually in the county supply act. 1935 (39) 216; 1936
(39) 1460.
The first sentence added to subsection 1 See this section in 1934 Supplement for
by 1935/216. Second sentence added by other provisions relating to magistrates iu
1936/1460. Spartanburg County.
§ 3786. Magistrates in Sumter County.
See this section in 1934 Supplement.
§ 3786-1 1936 Supplement 150
§ 3786-1. Magistrate, third magisterial district, Sumter County.
See this section in 1934 Supplement.
§ 3787. Magistrates, Union County. — * * * There shall be one magistrate
for Pinckney township in Union County and he shall have the right to appoint
and/or discharge his constable. The said magistrate shall run in the primary
and be elected by the voters of Pinckney township. There shall be one magis-
trate for Fish Dam and Goshen Hill townships whose jurisdiction shall extend
throughout the two said townships and who shall have the right to appoint
and/or discharge his constable. The said magistrate shall run in the primary
and be elected by the voters of Fish Dam township and Goshen Hill township.
1936 (39) 1629.
The above added to this section by 1930/ for other provisions relating to magistrates
1629. See this section in 1934 Supplement in Union County.
§ 3789. Magistrates, York County.
See this section in 1934 Supplement.
§ 3797-1. Rural police, Chesterfield County.
1936/1633 provides rural police officers for Chesterfield County.
§ 3799. Rural police, Darlington County. — Repealed oy 1933 Acts, page 92.
§ 3804-3. Rural police, Horry County.
1936/1436 provides rural police system for Horry County.
§ 3805. Rural police, Kershaw County.
§ 3805, 1932 Code, repealed by 1933/92. See 1935/137 for rural police, Kershaw County.
§ 3806. Rural police, Lee County.
Result of election held August 28, 1934, County was: Yes — 1939; No — 1164. See
on abolishing rural police system for Lee 1934 Acts.
§ 3808. Rural policemen for Marlboro County.
See this section in 1934 Supplement.
§ 3809. Rural policemen in Oconee County.
See this section in 1934 Supplement.
§ 3811. County constables, Pickens County.
This section was superseded by 1933/90. 1936/1493 authorized county constable
See 1936/1377 for county constables for commission to appoint magistrates' con-
Pickens County. stables for Six Mile and Pumpkintown.
§ 3813. Rural police system, Eichland County. — Repealed by 1933 Acts,
page 86.
§ 3815. Rural police system, Sumter County.
1936/1316 provided another rural policeman for Sumter County.
§ 3817. Rural police system in York County.
See this section in 1934 Supplement.
§ 3818. Supervisor — election — term — sub-supervisors.
See this section in 1934 Supplement.
§ 3819. General jurisdiction of supervisor.
County supervisor and board of county county auditor to levy tax. Clary v. Harvey,
commissioners without power to direct 176 S. C, 512 ; 180 S. E., 673.
§ 3820. Bond of supervisor.
See this section in 1934 Supplement.
§ 3821. County board of commissioners — how composed — generally. — * * *
Provided, further, that in Richland County one commissioner shall be elected
in each township by the qualified electors thereof at each alternate general
election, and all commissioners of said county hereafter elected shall hold
office for four years, co-terminal with that of the supervisor, and until their
successors are elected and qualified : Provided, that in case of an election to fill
a vacancy, or at a time when the expiration of a four-year term would not
151 Code of Laws of South Carolina § 3886
be co-terminal with the expiration of the supervisor, then such term of office
shall not be for a term of four years, but shall expire with that of the super-
visor. The present term of the county commissioners of Richland County
elected at the last general election shall be co-terminal with that of the super-
visor of Richland County. 1935 (39) 22.
The proviso in this section in 1932 Code for, 1935/22. The said act generally changed
relating to Richland County was eliminated the term of office of county commissioners
and the above provisions substituted there- for Richland County.
§ 3822. Bond of commissioners.
See this section in 1934 Supplement.
§ 3827. Supervisor publish list of claims audited.
See this section in 1934 Supplement.
§ 3831. Sentence convicts to county chaingangs — municipal convicts — time.
See note to § 956, 1934 Supplement. jail: Beaufort County, 1935/99; Clarendon
See section 1039-1 for time suspended County, 1932/1374; Colleton County, 1935/
sentence run. 459 ; Georgetown County, 1935/299 ; Sumter
Working of convicts and prisoners in County, 1932/1374.
§ 3844. Fees for dieting prisoners.
See this section in 1934 Supplement. See also section 4950.
§ 3847. Health of convicts — fees and expenses.
See this section in 1934 Supplement.
§ 3884. Protection of sinking funds of bonds issued by political subdivision
of the state. — (1) Investment of Sinking Funds of Political Subdivisions
of the State — Change — Use. — * * * Provided, further, that custodians of
sinking funds of Spartanburg County, or any political subdivision therein, may
invest such funds in federal savings and loan association shares without com-
plying with subsection 3 of section 3884 of the Code of Laws, 1932. No invest-
ment shall exceed the amount insured by the federal authorities. 1935 (39)
432.
The above proviso added to subsection Subsection (6) of this section amended
(1) by 1935/432. by 1932/1352, 1363. See 1934 Supplement.
Abbeville County
§ 3886. Record of claims allowed — publication of statement. — The county
board of commissioners shall keep a book called "Classification of Claims Al-
lowed," in which shall be entered all claims allowed in numerical order. This
book shall be printed and ruled with appropriate columns, showing: (1) Line
number; (2) claim number; (3) warrant number; (4) item number in supply
act to which chargeable; (5) claimant; (6) nature of claim; (7) amount al-
lowed; (8) amount paid; (9) date paid; (10) amount unpaid; (11) column
headed and numbered "items number 1" and upwards, with a tabulated state-
ment at head of each column showing: (a) The amount of the appropriation
made for the particular item; (b) the amount of claims allowed to date charge-
able to such item ; (c) the balance of the appropriation subject to future claims
which may be allowed or the balance of over-allowed ; (12) total, with similar
tabulation. Within the first ten days of each and every month or quarter, the
county board of commissioners shall publish one time in a newspaper of the
county selected by them as calculated to give full publicity thereto, the state-
ment under their hands, attested by the clerk of the board, showing the exact
amount expended for the preceding month or quarter and shall pay therefor
not exceeding twenty-five ($0.25) cents per inch for each insertion. 1935 (39)
18.
§ 3895 1936 Supplement 152
§ 3895. Clerk of court, register of mesne conveyances, sheriff, auditor,
treasurer, probate judge, receive salaries in lieu of fees, etc. — (1) Salaries. —
In lieu of the retention of all fees, costs and charges and of any and all sums
paid them on account of compensation or otherwise, the clerk of court of com-
mon pleas and general sessions, and register of mesne conveyances, sheriff,
judge of probate, county treasurer and county auditor, beginning January
1st, 1937, shall receive the following salaries per annum, payable one-twelfth
monthly :
Clerk of court of common pleas and general sessions and register
of mesne conveyances $2,200.00
Sheriff 2,200.00
Judge of probate 1,800.00
County treasurer to be paid by Abbeville County one-half of
whatever sum is paid by the state of South Carolina.
County auditor to be paid by Abbeville County one-half of what-
ever sum is paid by the state of South Carolina.
(2) Keep Record and Account for Fees Collected. — The said county of-
ficers shall separately keep in duplicate, accurate and completely itemized ac-
counts of all fees collected, and on or before the tenth day of each calendar
month they shall deliver one copy sworn to by said officers, respectively, to
the treasurer of said county together with the payment to said treasurer in
full of all fees, costs and charges collected during the preceding calendar month ;
Provided, further, that the official bonds of such officers shall be responsible
for any failure to collect and pay the same to the treasurer.
(3) Payment of Salaries. — Upon the filing of such sworn, itemized state-
ment and it appearing correct in form to the said treasurer and payment of
the sum thereby shown to be due having been made, the treasurer shall certify
to the county board of commissioners that such officer has complied with the
provisions of this section and until receipt of such certificate the said board
shall not pay to the county officers affected hereby his salary for the preceding
month.
(4) Forms — Statement of Fees Public Record. — The forms for the ac-
count and statement and the certificate hereby required may be prescribed
and furnished by the Abbeville County board of commissioners, and each of-
ficer required to keep and submit such shall retain one copy of each monthly
statement as a permanent public record of his office, and the treasurer shall
likewise preserve as a permanent and public record of his office the sworn
monthly statement submitted to him by each officer, the same to be filed in an
orderly manner and readily accessible. 1935 (39) 15; 1936 (39) 1325.
§ 3895, 1932 code, repealed by 1935/15. This section comes from 1936/1325.
§ 3898. Loans — advertise for. — Should the county board of commissioners
find it necessary to borrow money for any year for county expenses in ad-
vance of the collection of taxes therefor, as provided and authorized by law,
they shall insert an advertisement in a county and state newspaper for at
least three weeks in at least three issues thereof, setting forth the amount
wanted and when the same will be repaid, asking for competitive bids on
terms and the rate of interest, and all money borrowed shall be at the best
terms and lowest rate of interest the board can get: Provided, that the pro-
visions herein as to advertisement may be waived by a majority of the Abbe-
ville delegation. 1935 (39) 17.
The word "and" omitted after "repaid" line six ; and last proviso added by 1935/17.
153 Code of Laws of South Carolina § 3955-1
§ 3902-1. Issue certificates of indebtedness pay obligations.
See this section in 1934 Supplement.
§ 3902-2. Borrow in anticipation of collection of taxes levied for retiring
bonds. — The county supervisor and county treasurer of Abbeville County are
hereby authorized, empowered and directed to borrow during any fiscal year
without advertisement in anticipation of the collection of taxes levied or to
be levied that year for the purpose of retiring the several installments and
paying the semi-annual interest on the bonded indebtedness of said county,
and they are hereby authorized, empowered and directed, for the purpose of
obtaining and procuring such loan or loans, to pledge the taxes so levied or to
be levied for that purpose and to execute and deliver note or notes of Abbe-
ville County, in such respective amounts and at such rate of interest and with
such maturity dates, as in their discretion may be deemed necessary and ad-
visable for such purposes ; and the sum or sums so borrowed shall constitute
a valid and prior claim and lien upon the taxes in anticipation of which the
same are borrowed and said notes may be renewed from time to time pending
the collection of said taxes. 1935 (38) 154.
This section added by 1935/154.
Aiken County
§ 3903. County commissioners — term — removal.
See this section in 1934 Supplement.
§ 3938-1. Operation of motor boat on Bath Lake, with exhausts or cut-outs
open restricted.
See this section in 1934 Supplement.
§ 3938-2. Certain contracts and obligations for payment of money legal. —
The officers of Aiken County having the authority to make contracts for the
payment and/or receipt of money are hereby authorized and empowered to
obligate said county for the payment and/or receipt of such interest and/or
principal, payable at such times as said officers may deem proper, and when
said contracts or obligations are made by such officers and approved by a ma-
jority of the Aiken county delegation, said contracts and/or obligations shall
be binding and legal obligations of Aiken County for the payment of interest
and/or principal. 1936 (39) 1596.
This section added by 1936/1596.
Allendale County
§ 3940. Appointment of members — term — bonds.
See this section in 1934 Supplement.
§ 3942. County board — duties and powers.
Section 3955-2, this Supplement, should etc. (1936/1424).
be consulted for the purchases of supplies,
§ 3949. May borrow.'
See this section in 1934 Supplement.
§ 3955-1. Duties and powers of remaining member of legislative delegation
in event of vacancy. — In the event of a vacancy occurring in the office of the
senator or representative in the Legislature from Allendale County, all duties
pertaining to the borrowing of money by the county and its subdivisions
and the expenditure of county and school funds and the recommendation and
appointment of all officers in said county, now requiring joint action on the
part of the senator and representative, shall, during the period of such
vacancy, devolve upon the remaining member of the legislative delegation
§ 3955-1 1936 Supplement 154
from said county, and such remaining member is hereby authorized and em-
powered, during the period of such vacancy, to perform all of the said duties
with the same legal, valid and binding effect as if the same had been acted
upon by the full delegation in the General Assembly from said county. 1936
(39) 1663.
This section added by 1936/1663.
§3955-2. Purchasing agent. — (1) Appointment — Term — Removal — Va-
cancy — Compensation. — There is hereby created the office of purchasing agent
for Allendale County, who shall be employed by the county board of commis-
sioners, upon the recommendation of the legislative delegation of said county,
and shall hold office for a term of four (4) years : Provided, that he may be re-
moved or discharged for cause at any time by the said county board, after be-
ing fully informed of the charges against him and an opportunity to be heard,
and to offer evidence, and to be represented by counsel at such hearing or
hearings. In case of a vacancy caused by death, resignation, removal, or other-
wise, his successor shall be chosen in like manner, for a term of four years.
His compensation shall be annually fixed by the county board of commissioners,
with the written approval of the said legislative delegation, and shall be paid
as other county employees are paid.
(2) County Officers File Requisitions Monthly for Supplies, Etc. —
Other Purchases Prohibited. — It shall be the duty of each officer and de-
partment of Allendale County to file with said purchasing agent on or before
the first Tuesday of each calendar month a requisition duly signed by official
or person making such requisition of the requirements of such officer or de-
partment, for next following month, and no such officer or department shall
make any purchase of supplies, equipment or materials except through said
purchasing agent, as provided in this section.
(3) County Board Approve Requisitions — Advertise for Bids and Award
Contracts — Emergency Supplies. — The purchasing agent shall, upon receiv-
ing the requisitions of officers and departments of the county, submit the same
to the county board of commissioners, and said board shall approve, modify
or disapprove the same. Thereafter the purchasing agent shall advertise for
sealed bids or proposals upon the supplies, equipment or materials authorized
by the county board to be purchased, by posting such advertisements upon the
county bulletin board at the court house ; bids shall close at noon on third
Tuesday of each month and the purchases shall be made from the lowest re-
sponsible bidder or bidders meeting the specifications provided in the ad-
vertisements ; the purchasing agent reserving the right to reject any or all bids ;
Provided, however, that any such advertisement shall be published in a news-
paper published in said county when so required by said county board, when
the purchases to be made are larger than the usual monthly purchases of said
county; Provided, further, that in cases of emergency or immediate need,
certified to by the officer or department making the requisition, purchases not
exceeding in amount fifty dollars may, with the approval of said county
board, be made forthwith without advertisement for bids. That the purchases
made as herein provided shall be paid for by the county treasurer upon the
warrants of said purchasing agent.
(4) Records — Report Monthly. — The purchasing agent shall keep a com-
plete record of all requisitions, copies of all advertisements, all bids, and pur-
155 Code of Laws op South Carolina § 3957
chases made, and shall monthly report in writing on such matters in detailed
form to the legislative delegation and to the county board. 1936 (39) 1424.
This section added by 1936/1424.
Anderson County
§ 3956. Supervisor and board of finance administer affairs — board of
county commissioners abolished — duties devolved. — The county government
of Anderson County shall be in the hands of the county supervisor and of
board of finance as herein provided for. Upon the expiration of the present
terms of office of the county commissioners of Anderson County, the offices
of county commissioners of said county are abolished, and sections 3956, 3957,
3958, 3960, and 3962, creating the board of county commissioners for Anderson
County, providing for their appointment, defining their duties and fixing their
compensation, are hereby repealed, and the duties heretofore exercised by
the county board of commissioners are devolved upon the county supervisor
under such limitations as are provided in §§ 3956 and 3957. 1934 (38) 1447;
1935 (39) 95.
Section 3956, 1932 Code, repealed by act and 1935/95.
1934/1447. Present section comes from said
§ 3957. Supervisor — board of finance. — The term of office of the supervisor
shall be as now provided by law, and he shall enjoy and have all the powers
now conferred upon him by law, except as may be limited herein. The board
of finance shall be composed of the supervisor, who shall be elected as now pro-
vided by law, and four discreet, competent men, who shall be appointed by
the Governor, upon the recommendation of a majority of the legislative dele-
gation from Anderson County. The regular terms of office of the appointive
members of the board of finance shall be for four years, and until their suc-
cessors have been appointed and qualified : Provided, that the initial term of
two of the members shall be for only two years, and the legislative delegation
shall indicate in their recommendation to the Governor which persons shall
serve for the initial two-year term. It shall be the duty of the said board to
meet at Anderson, South Carolina, on the first Tuesday in each month, and
oftener if necessary, and audit all claims against the county and determine
the important work of the county and devise plans for the prosecution thereof
to perform all the duties devolved upon the county commissioners or other
governing body, under the general laws of South Carolina, except such duties
as relate to the construction and maintenance of roads and bridges and except
as hereinafter provided ; to receive the financial reports of all county officers
and to coordinate as far as possible the work of said offices ; to recommend to
the delegation such changes in the administration of county government as to
them seems conducive to more businesslike and economical county govern-
ment, and to pass upon and determine all matters pertaining to the due ad-
ministration of the county government. It is distinctly declared that no im-
portant or expensive county projects shall be undertaken by the supervisor
without the approval of the board, neither shall any claim be paid by the
county without the approval of such board. The supervisor shall have control
of the county chaingang, the county home and farm, and county roads, and is
charged with the care and supervision of all county property. The clerk, as now
provided by law for the county supervisor, shall be clerk for the county super-
visor and the board of finance. Any vacancy occurring in the membership of
the board of finance shall be filled as provided for the regular appointments.
§ 3957 1936 Supplement 156
For failure to perform his duty, it shall be the duty of the Governor to remove
any such member upon the written request of a majority of the legislative dele-
gation. 1934 (38) 1447; 1935 (39) 95.
§ 3957, 1932 code, repealed by 1934/1447. Present section comes from 1935/95.
§ 3958. Duties.— Repealed by 1934 Acts, page 1447.
§ 3960. Purchases. — Repealed by 1934 Acts, page 1447.
§ 3962. Compensation. — Repealed by 1934 Acts, page 1447.
§ 3967. Publication of statements by supervisor and county commissioners
of Anderson County.
See this section in 1934 Supplement.
§ 3971. Audit books annually. — (1) Auditors. — The books of Anderson
County shall be audited annually at the end of each fiscal year by a certified
public accountant licensed to do business in South Carolina or other competent
auditors, such audit shall cover the records of all the county officials and the
various county agencies. 1935 (39) 210.
Words in italics added, 1935/210. Section otherwise unchanged.
§ 3971-1. Compensation of officials — collection and disposition of fees.
See this section in 1934 Supplement. Coy (filed 11-3-36) should be consulted as
Constitutionality: Holt v. Calhoun, 175 to the constitutionality of this section.
S. C. 481, 179 S. E., 50 and Salley v. Mc-
§ 3971-2. County board of health. — (1) Authorized. — Anderson County,
South Carolina, shall have and maintain a county board of health, under the
direction and control of the state board of health, as now provided by law,
for the direction and control of local boards of health in incorporated cities,
towns and villages.
(2) Appointment.— The said county board of health shall be composed of a
member of the county teachers' association, duly elected and appointed by the
said county teachers' association; a member of the county council of farm
women ; duly elected and appointed by the said county council of farm women ;
a member of the county tuberculosis association duly elected and appointed by
the said county tuberculosis association; three (3) members of the county
medical society, duly appointed and elected by the county medical society;
one licensed dentist of Anderson County duly appointed by the licensed
dentists of Anderson County ; a bona fide resident of the county duly elected
and appointed by the county delegation to the General Assembly; a bona fide
resident of the county duly elected and appointed by the state board of health.
That immediately upon their election their names shall be certified to the state
board of health.
(3) Term — Appointment. — The members of the county board of health,
functioning as such, are to serve for a term of one year and until their suc-
cessors have been elected and qualified. Provided, that if for any reason the
members of the said county board of health are not appointed, it shall be the
duty of the state board of health to forthwith appoint such duly qualified resi-
dents of the county, to serve on the said county board of health as may be
necessary.
(4) Duties and Powers. — The county board of health is hereby vested w T ith
all the rights, powers, duties, privileges and responsibilities that are now im-
posed by law upon local boards of health in incorporate cities, tow r ns and vil-
lages.
(5) Employees. — All personnel that may be employed in the county health
unit shall be recommended by the Anderson Count}' board of health and ap-
proved by the state board of health.
157 Code of Laws of South Carolina § 4021
(6) Jurisdiction. — The said county board of health is hereby empowered
with jurisdiction over all that area lying in the county beyond the incorporate
limits of cities, towns and villages. Provided, further, that if the duly con-
stituted authorities of any incorporate city, town and village, desire to re-
linquish their own rights, duties, powers and privileges as provided by law,
they shall have the right to do so, and forthwith shall become within and under
the jurisdiction and authority of the said county board of health.
(7) Appropriate Necessary Funds — Disbursement. — The necessary appro-
priation be provided by members of the General Assembly to carry out the
provisions of this section for the county board of health and county health de-
partment, and that the said moneys so appropriated shall remain in the custody
of the county authorities to be paid out upon properly prepared vouchers of
the county health department. Said vouchers having been approved for pay-
ment by the county board of health.
(8) Secretary — Services County Health Departments and District
Health Departments Render. — The director of the county health department
shall be secretary of the county board of health ; he shall be the custodian of
books, papers, instruments or appliances belonging to said board of health
or that may be intrusted to his care ; he shall summon the board to meetings
and shall attend all meetings of the board unless otherwise ordered, and shall
discharge the duties appertaining to the office of secretary.
The county health departments and district health departments carrying on
their duties shall be expected and directed to render the following services :
The control of contagious diseases, by locating and isolating cases, quarantining
those exposed and inducing strict bedside precautions, and by giving all forms
of biologicals which have been recognized as preventive by the state board of
health ; Provided, that the same shall only be given to the indigent with the
consent of the family physician, or in the event of threatened epidemics or as
directed by the state board of health examination of school and pre-school
children ; the inspection of all food manufacturing and vending establishments,
school houses and other public buildings; infant and maternity welfare work
and all approved forms of modern sanitation, especially of the rural homes ;
and such other activities as may be directed by the state board of health. 1936
(39) 1621.
This section added by 1936/1621.
Bamberg County
§ 3989. Term of office — superintendent of education — appointment.
See this section in 1934 Supplement.
§ 3989-1. Bonds of county officials.
See this section in 1934 Supplement.
Barnwell County
§ 3994. Duties devolved.
See this section in 1934 Supplement.
§ 4019-1. Fiscal year.
See this section in 1934 Supplement.
Beaufort County
§ 4021. Board of directors — term.
See this section in 1934 Supplement.
§ 4022 1936 Supplement 158
§ 4022. Appointment — vacancy.
Bee this section in 1934 Supplement.
§ 4023. Supervisor of roads — appointment — term — salary — duties and
powers — removal. — The Governor shall appoint a supervisor of roads for
Beaufort County upon the recommendation of a majority of the legislative
delegation from Beaufort County, the said delegation in making said recom-
mendation shall be bound by the nomination in any democratic primary if
made. The term of office of said supervisor of roads shall be for a period of
four (4) years and his salary shall be as fixed in the annual supply act for
Beaufort County. Said supervisor of roads shall have charge of organizing
and managing the construction, maintenance and repairs of the roads and
bridges of Beaufort County under the general supervision of the county board
of directors and shall perform such other duties as said board of directors
shall direct. He shall be removed from office by the Governor at any time when
so requested by a majority of the board of directors and a majority of the
legislative delegation from Beaufort County. 1933 (38) 248; 1936 (39) 1438.
§ 4024. Directors — organisation — compensation — bond.
See this section in 1934 Supplement.
§ 4025. Duties devolved on directors.
See this section in 1934 Supplement.
§ 4026. General duties and powers of directors — office. — * * * Acquire
Real Property — Sell Lease. — The Beaufort county board of directors is em-
powered and directed to acquire title by gifts, purchase, or otherwise, to such
real property as it may desire and deem fit to be held by the same for the
purposes of cooperating with and securing the location in Beaufort County
of industrial enterprises and for such other purposes as the said board may
deem fit and proper. The Beaufort County board of directors is empowered
to enter into agreements for the sale or lease of any real property acquired, as
provided above, with any person, firm or corporation for any development of
any business or industry which desires to locate in Beaufort County, on such
terms and conditions as may be approved by the said board of directors. 1936
(39) 1621.
The above added by 1936/1621. See this section in 1934 Supplement.
§ 4027. Clerk — duties — employees.
See this section in 1934 Supplement.
§ 4028. Compensation of employees — bonds — removal.
See this section in 1934 Supplement.
Berkeley County
§ 4046. Fiscal year. — The fiscal year of Berkeley County shall begin on
July 1 of each year and end on June 30 of the folowing calendar year. 1936
(39) 1339.
Section 4046, 1932 Code, repealed by 1933/116. Present section comes from 1936/1339.
§ 4048. Use sinking fund monies or other funds to finance schools or for
general purposes.
See this section in 1934 Supplement.
§ 4063. Salary of clerk of court. — This section repealed by 1935 Acts, page
48.
Calhoun County
§ 4069. Road tax.
See this section in 1934 Supplement.
159 Code of Laws of South Carolina § 4077-5
§ 4069-1. Fiscal year.
See this section in 1934 Supplement.
Charleston County
§ 4075-1. Sanitary and drainage commission advertise letting of contracts
exceeding $500.00 for labor or supplies.
See this section in 1934 Supplement.
§ 4075-2. Sanitary and drainage commission establish chain gang. — The
sanitary and drainage commission of Charleston County is hereby authorized
and empowered to use any prisoners confined in the Charleston County jail,
who have been convicted and have received sentences of less than six (6)
months, on the public works of Charleston County, except on projects financed
in whole or in part by funds received from the federal government. The said
commission, in using said prisoners, shall not be required to maintain separate
establishment or establishments in taking care of the said prisoners, but may
keep the same in the county jail; provided that the sheriff shall not be re-
sponsible for the safekeeping of any such convict, except while at the jail.
For the purposes of this section, all of the powers, authority and duties in
connection with chain gangs conferred and imposed upon county supervisors
and county boards of commissioners under sections 3835, 3836, 3841, 3843, 3844,
3846 and 3847 are hereby conferred, imposed and devolved upon the said commis-
sion. The funds required for the maintenance and operation of said chain gang
or chain gangs are hereby authorized to be expended from the funds pro-
vided for the operation of said commission. Provided, that the sanitary and
drainage commission of Charleston County is hereby authorized and empowered
to use aforementioned prison labor in the maintenance and construction of
roads situate within the limits of incorporated towns of less than three thou-
sand (3000) population when application is made to the commission by the
mayor and council of such towns. 1936 (39) 1393.
This section added by 1936/1393.
§ 4077-1. Treasurer pay salaries of county officers and employees for
January, February and March each year.
See this section in 1934 Supplement.
§ 4077-2. Officials receiving fees pay portion to treasurer — keep and file rec-
ords of same.
See this section in 1934 Supplement. Coy (filed 11-3-36) should be consulted as
Constitutionality: Holt v. Calhoun, 175 to the constitutionality of this section.
S. C, 4S1, 179 S. E., 50 and Salley v. Mc-
§ 4077-3. License to sell food, fruit, produce or merchandise from motor ve-
hicles.
See this section in 1934 Supplement.
§ 4077-4. Fiscal year. — The fiscal year of Charleston County shall begin on
July first of each year and end on June thirtieth of the following calendar
year. 1936 (39) 1376.
This section added by 1936/1376.
§ 4077-5. Filling of vacant county offices. — No vacancy of any elective or
appointive office or position, created or occasioned by the death, resignation
or removal of an office-holder or employee of the county of Charleston, shall
be filled either by special election or appointment without first obtaining the
written advice of the Charleston delegation to the General Assembly of South
Carolina as to whether said office or position shall be abolished. The pro-
§ 4077-5 1936 Supplement 160
visions of this section shall not apply to laborers employed by the sanitary and
drainage commission of Charleston County. The terms "office-holder" and
"employee" as used herein shall be construed to mean any and all persons
whose compensation is paid in whole or in part by Charleston County, or by
funds obtained in whole or in part from appropriations of the funds of said
county. Provided, however, that since the sole purpose of this section is to ef-
fect economies, nothing herein contained shall be construed to take away from
the appointing official or officials the right and duty of making appointments,
should the position in which a vacancy occurs be not abolished under the pro-
visions herein. 1935 (39) 107.
This section added by 1935/107.
§ 4077-6. County commissioners lease certain property — terms — procedure.
— The board of county commissioners of Charleston County are authorized and
empowered to lease any property title to which is vested in either Charleston
County or the forfeited land commission for Charleston County, for such
terms and on such conditions as said board, or a majority thereof, may deem
to be for the best interest of said county, in the manner hereinafter provided
for; Provided, however, that no lease shall be made of any property adjoining
or contiguous to any road, bridge or highway in Charleston County except up-
on the consent of the sanitary and drainage commission for Charleston County :
(a) Such property shall be advertised at least once in a newspaper pub-
lished in Charleston County in which advertisement attention shall be directed
to the property sought to be leased and sealed proposals shall be invited for
leasing.
(b) No lease shall be made for a term longer than two (2) years, unless con-
sent thereto shall be given in writing by the senator and a majority of the
Charleston County delegation to the South Carolina General Assembly.
(c) Such lease shall be awarded to the highest responsible bidder: Provided,
that in instances where a bid other than the highest bid is contemplated to be
accepted, at least 5 days' notice shall be given to the Charleston delegation to
the General Assembly by a letter directed to the secretary of the delegation and
such bid shall not be finally accepted without approval by said delegation or a
majority thereof.
(d) Such lease or leases shall be executed in the name of Charleston County
by the supervisor or treasurer of Charleston County, and shall be kept on file
in the office of the county treasurer. 1936 (39) 1398.
This section added by 1936/1398.
§ 4077-7. Sale of county property adjoining public highways. — Such por-
tion of property in Charleston County owned by Charleston County which im-
mediately adjoins public highways in said county shall not be sold by said
county except with the consent of the sanitary and drainage commission for
Charleston County, or such other authorities as may be in charge of the opera-
tion and maintenance of public roads of said county. 1935 (39) 155.
This section added by 1935/155.
§ 4077-8. County health board.— (1) Appointment — Terms — Vacancy.
— There shall be a county health board of Charleston County, which shall con-
sist of five (5) members, four (4) of whom shall be appointed by a majority of
the Charleston County legislative delegation and one of whom shall be appointed
by the city council of Charleston. They shall be commissioned by the Governor
and shall hold office for the terms herein provided, but in the absence of a formal
commission from the Governor a letter in writing addressed to the appointees
161 Code of Laws of South Carolina § 4077-8
by the appointing body shall be a sufficient warrant for the members of said
board to function as hereinafter provided for. Of the four (4) appointed by the
Charleston county delegation, one shall hold office for a term of one (1) year, the
second shall hold office for two (2) years ; the third shall hold office for three' (3)
years and the fourth shall hold office for four (4) years from the date of ap-
pointment. The one (1) appointed by the city council of Charleston shall hold
office for a period of five (5) years from the date of his appointment. At the
expiration of each of the terms herein provided for a successor shall be named
whose term shall be for five (5) years from the date of the expiration of the
term of his predecessor. In the event of any vacancy on the board caused by
death, resignation or inability to serve, a successor shall be named for the bal-
ance of the unexpired term.
(2) Health Officer— Appointment— Term.— The county health board shall
employ a county health officer for Charleston County who shall serve in such
capacity so long as his services are satisfactory, and who shall be subject to re-
moval for cause by the health board at any time. No person shall be appointed
to fill this office unless he shall be a graduate of a reputable medical college and
otherwise qualified to carry on public health work.
(3) Employees. — The county health officer may employ, subject however to
the approval of the county health board being first given, a chief sanitary in-
spector, and such other personnel necessary to suitably supervise and maintain
satisfactory health conditions in Charleston County. All or any of these em-
ployees may be discharged by the county health officer for cause subject to the
approval of the county health board. The salaries of all employees shall be
fixed by the county health board subject to the approval of the Charleston
County delegation to the General Assembly.
(4) Duties of Health Officer, Sanitary Inspector, and Nurses. — The
county health officer, the sanitary inspector and the public health nurses herein
provided shall have jurisdiction in the county of Charleston, within and with-
out the city of Charleston and shall inspect frequently the sanitary conditions
throughout the city and county, and give information by bulletins, and provide
communications as to the need of promoting health and preventing disease. They
shall discuss as far as practicable all causes of disease, and when any disease
is contagious or infectious they shall, where practicable, effect an isolation or
quarantine of such cases so as to prevent the spread of disease. They shall be
charged with the duties of enforcing all health or sanitary laws of the state
and regulations of the state board of health, and all health and sanitary ordi-
nances of the city of Charleston.
(5) Rules and Regulations— Penalty. — The county health board is hereby
empowered to make reasonable rules and regulations for the promotion of
health and the prevention of disease within Charleston County. Any person
violating any rule or regulation of the said board, after he or she shall have
been notified thereof in writing by the board or any of its authorized agents,
shall be guilty of a misdemeanor and upon conviction shall be imprisoned for
not less than three (3) days or more than ten (10) days or pay a fine of not
less than five ($5.00) dollars or more than twenty-five ($25.00) dollars. Each
day that any such regulation is not obeyed, after one notice of the violation
thereof, shall constitute a separate offense. Notice by registered mail shall be
sufficient notice. The penalty herein provided shall be in addition to other pen-
alties or remedies provided by law.
§ 4077-8 1936 Supplement 162
(6) Duties of Board. — The county health board shall cooperate with and
assist the various hospitals, health and charitable institutions in Charleston
County to which an appropriation is given by Charleston County and shall
make annually a report to the Charleston County delegation to the General As-
sembly concerning the needs and conditions of those institutions. It shall have
full power and authority to direct the disposition of cases of insanity and of
contagious diseases and may direct the commitment of persons found to be lu-
natics to the State Asylum in Columbia.
(7) Physicians Report Patients Having Contagious or Infectious Dis-
ease. — Any physician attending any patient in the county of Charleston, who
has a contagious or infectious disease shall within twenty-four (24) hours af-
ter diagnosing such disease report to the county health office the name and
residence of such person and nature of the disease.
(8) Books, Stationery, Printing, Postage, Etc. — The county health board
shall furnish the county health officer with such books, stationery and postage as
may be necessary for his office and in addition shall pay the cost of printing such
bulletins the county health officer to contract for the printing of such bulletins
as may be necessary and to certify the bill as correct to the county health board,
who shall draw their warrants upon the county treasurer in payment thereof.
(9) Appropriation. — An appropriation from the funds of Charleston Coun-
ty shall be made to adequately carry on the work outlined herein: Provided,
that the sum of money appropriated for this purpose shall not be exceeded. 1936
(39) 1537.
This section added by 1936/1537.
§ 4077-9. James Island park commission. — There is hereby created a com-
mission which shall be known as the James Island park commission. It shall be
composed of three (3) members, each of whom shall hold office for a term of
two (2) years from the date of their appointment and until their successors
shall have been duly appointed and qualified ; one of whom shall be appointed by
the trustees of school district no. 3 of Charleston County, South Carolina, and
the remaining two (2) by a majority of the Charleston delegation to the Gen-
eral Assembly. A letter addressed to each appointee by the appointing bodies
shall be a sufficient warrant to the said appointees to perform the duties and
functions herein granted to and conferred upon the James Island park commis-
sion. The said commission shall have charge of and supervise all parks and play
grounds within the territorial limits of school district no. 3 of Charleston County
including specifically the athletic field adjoining the Riverland Terrace school.
It shall have full power to accept gifts or grants and to expend any sum or
sums of moneys which it may become possessed of, and in general, power to do
all things necessary to properly maintain and equip said parks or play grounds.
1936 (39) 1662.
This section added by 1936/1662.
§ 4077-10. North Charleston park and playground commission. — There is
hereby created the North Charleston park and playground commission which
shall be composed of the following : the trustees of school district no. 4, Charles-
ton County; two residents of North Charleston who shall be selected in the
following manner, one (1) selected by the North Charleston holding company,
its successors or assigns and one (1) member selected by the North Charleston
water and sewer commission. The members of the commission other than the
said trustees shall hold office for a term of two (2) years and until their suc-
cessors have been appointed. The commission herein created is given the power
163 Code of Laws of South Carolina § 4149
to acquire by gift or otherwise real and personal property and to hold the same
in trust for the uses and purposes provided for in this section. The said com-
mission shall have the power to lay-out, create, develop, maintain and operate a
system of parks and playgrounds within North Charleston for the use and bene-
fit of residents, institutions and schools located in North Charleston. Any prop-
erty whether real or personal, owned and held by said commission within said
area and for the use and purposes set forth in this section shall be exempt from
county, school and state taxes. 1936 (39) 1380.
This section added by 1936/1380.
Cherokee County
§ 4078. County board of commissioners.
See this section in 1934 Supplement.
§ 4082. Clerk — bond of commissioners and clerk.
See this section in 1934 Supplement.
§ 4120. Sinking fund commission.
See this section in 1934 Supplement.
§ 4121-1. Bonds of county officials.
See this section in 1934 Supplement.
Chester County
§ 4131. Commutation road tax.
See this section in 1934 Supplement.
§ 4138-1. County peace officers accepting check or draft as payment of
fines, etc., liable for payment.
See this section in 1934 Supplement.
§ 4138-2. Officers file bonds in clerk of court's office. — Every officer in
Chester County who is now required by law to furnish bond for the faithful per-
formance of his official duties shall have the said bond recorded in the office of
the clerk of court for the said county immediately upon its execution and shall
pay the clerk for recording the said bond the fee now required by law for re-
cording real estate mortgages. That upon the payment of the said fee, the
clerk of court shall issue to every such officer his certificate of recording. The
salary of every bonded officer in Chester county who fails to comply with the
provisions of this section shall be withheld until he or she shall comply there-
with. The certificate required herein to be issued by the clerk of court shall be
sufficient evidence of the recording of any bond. 1936 (39) 1447.
This section added by 1936/1447.
Chesterfield County
§ 4145. Commutation road tax.
See this section in 1934 Supplement.
§ 4146. Fiscal year.— The fiscal year of Chesterfield County shall begin on
July 1 of each year and end on June 30 of the following calendar year. 1936
(39) 1594.
§ 4146, 1932 Code, repealed by 1933/348. Present section comes from 1936/1594.
§ 4148-1. Annual audit.
See this section in 1934 Supplement.
Clarendon County
§ 4149. Road tax.
See this section in 1934 Supplement.
§ 4185 1936 Supplement 164
§ 4185. Officers receive salaries in lieu of fees.
This section, 1931/212, re-enacted by 1935/239.
§ 4186. Office hours for court house.
See this section in 1934 Supplement.
§ 4186-1. Load limits for vehicles.
See this section in 1934 Supplement.
§ 4186-2. Purchase of cows and hogs.— (1) License Required — Issuance. —
No person, for himself or another, shall be permitted to buy in Clarendon Coun-
ty a cow or hog, or cows or hogs, from the owner or owners thereof or from any
other person without having first procured from a magistrate of said county a
license for each day on which such purchase or purchases occur or for each
trip (if less than a day) into or about the county in which such purchase or sale
is consummated and any said magistrate shall issue such license, keeping a du-
plicate thereof on permanent file, on which license shall appear the name, age,
color, post office address, vehicle number and other matter of description of the
licensee, the date for which such license is issued, the signature of the licensee,
to be signed and dated by the magistrate so issuing the same ; and for such serv-
ice such magistrate shall be paid by the licensee the sum of fifty cents, which
said magistrate may retain as his fee and expense for the performance of his
duties hereunder.
(2) Licensees File Reports with Magistrates. — At the end of the day for
which any such license was issued, or after the completion of the licensee's pur-
chasing for that day, he shall report to the magistrate issuing the license or a
constable designated for the purpose, and exhibit his purchases to said magis-
trate or constable and file with him a description of the animals purchased,
including the names of the persons from whom each animal has been purchased,
and the color, sex, mark and approximate weight of each such animal, such
report to be sworn to before the magistrate or constable who shall check the re-
port and determine its accuracy by actually viewing the animals described
therein, which report shall be permanently retained on file by the magistrate.
(3) Hours Purchase Cows and Hogs. — It shall be illegal, and a violation
hereof constituting a misdemeanor for anyone to purchase any cow or hog in
Clarendon county after sunset or before sunrise.
(4) Penalty. — Any violation of the terms hereof shall be deemed a misde-
meanor and anyone convicted thereof, or pleading guilty thereto, shall be
subject to a fine not exceeding $100.00 or imprisonment not exceeding thirty
days.
(5) Purchases Exempted. — The terms of this section (except subsection
3) shall not apply to purchases made by or for (and delivered within the county
to) any person, firm or corporation regularly conducting a farm, meat market
or store in said county, or purchasing such animals for possession within said
county for the purpose of fattening or pasturing them. 1936 (39) 1630.
This section added by 1936/1630.
Colleton County
§ 4210. Payment of poll tax. — Any poll taxpayer shall have the right to
have his poll tax segregated from his other taxes and upon paying said poll tax
to have due receipt therefor. 1935 (39) 290.
Section 4210, 1932 Code, repealed by 1935/290. Present section 4210 comes from
1933/473; 1934/1326. The said 1933 act 1935/290.
and the said 1934 act were repealed by
165 Code of Laws of South Carolina § 4227
§ 4225-1. Compensation of auditor, clerk of court, probate judge, sheriff,
and treasurer — collection of fees.
See this section in 1934 Supplement.
§ 4225-2. Investment of sinking funds. — The county treasurer of Colleton
County is hereby authorized and empowered to invest any sinking funds now
held by him with any increments thereto, or any sinking funds which may here-
after come into his custody, in the purchase in the open market of bonds or
notes of the issue for which the sinking fund was created, or in bonds or notes
of Colleton County or of any of its political subdivisions, or in bonds or notes of
the state of South Carolina, or in bonds of the United States Government, or in
bonds the payment of which is wholly guaranteed by the United States Govern-
ment, or in certificates of indebtedness of the state highway department of
South Carolina, if in his opinion such investment is necessary or advisable. Said
investment shall be kept by him separate and distinct and properly earmarked
with, or registered in, the name of the particular sinking fund to which appli-
cable, and be used for no other purpose, and are to be kept until such time be-
fore the maturity of the obligations for which the sinking fund was established
as may be necessary to sell or collect the same in order to meet such obligations
at maturity. In the purchase of bonds or notes, (other than bonds of or guaran-
teed by the United States Government, bonds or notes of the State of South
Carolina, or certificates of indebtedness of the state highway department), he
shall purchase bonds or notes maturing on or before the obligations for which the
said sinking fund was created. He shall have power and authority to sell from
time to time the securities so purchased in order to reinvest the funds to an ad-
vantage or to meet the payment of the obligations for which the sinking fund
was created, when securities are so bought or sold by him he shall within ten
(10) days thereafter file in the office of the clerk of court for public inspection
a list of the securities so bought or sold, designating the particular sinking fund
affected thereby and stating the amount paid therefor or the amount for which
sold, as the case may be, and as to securities purchased give short descriptions
thereof, showing the quantity purchased, the name of the obligor, the maturity
date, and interest rate. He shall also make due record of all transactions here-
under in a book to be kept as a permanent record of his office. Provided, that
in investing sinking funds now on deposit in banking institutions located in
Colleton County, he shall not during the next three years withdraw said de-
posits at a rate exceeding one third of the aggregate thereof, as to each bank, in
any one year. 1935 (39) 198.
This section added by 1935/198. sinking funds.
See § ;j3G5, 1932 Code, for investment of
Darlington County
§ 4227. Board of directors. — (1) Personnel — Secretary — Bond — There is
hereby created for Darlington County a board known and designated as the board
of directors of Darlington County, which shall be composed of three members,
J the chairman of the sinking fund commission, the chairman of the county board
of education and the chairman of the Darlington County highway commission,
all ex-officio, to be charged with the duties and responsibilities herein provided
as additional duties and responsibilities of their respective offices, and the sal-
aries provided to be for additional work hereby demanded of said original offices.
'The said board shall meet at the county courthouse and organize by electing one
[:of their number as chairman. The permanent secretary of the board shall be
§ 4227 1936 Supplement 166
the clerk of the supervisor and whose selection is hereinafter provided for. Each
of the said members shall give bond for the faithful performance of his duty
under the provisions of §§ 4227-4230 in the sum of $5,000.00, the premiums on
which bonds shall be paid by the county.
(2) Duties and Powers. — It is made the general duty of the said board of
directors, and for the discharge of which full power and authority are hereby
conferred, to organize and conduct the administration of the county's business,
financial and fiscal affairs, upon a systematic, economical and efficient basis. To
that end said board shall, in connection witli the office of the county supervisor
and purchasing agent, provide and maintain at the county seat an office for the
transaction of business, which shall be open as nearly as practicable upon every
business day of the year, wherein shall be kept all books of account, contracts,
correspondence and other records of official business, and shall inaugurate and
maintain a system of receiving and disbursing funds and of keeping accurate
check upon same, and of accounting and bookkeeping that will properly safe-
guard the public interest and accurately file and show the cost of maintaining
the public institutions and property of the county and of performing public
work of every character and the cost of the several activities of the county and
shall maintain and keep in repair and in efficient operative condition all county
property and county institutions except bridges, highways and roads, which are
more specifically hereinafter provided for. All of the duties, obligations and
functions heretofore imposed by law upon the county commissioners and the
county supervisor of Darlington County and thereafter imposed upon the
board of county directors of said county, except as hereinafter limited and pro-
vided for, are imposed upon the board of directors as created under the terms of
§§ 4227-4230.
(3) Finances. — The board of directors shall pass such rules and regulations
as may be necessary to the proper handling of all monies and finances of Dar-
lington County and shall at the same time direct the payment thereof and pre-
pare statements of the financial condition of the county and shall fix the levy to
meet the operating expenses of said county each year.
(4) Keport to Legislative Delegation. — On or before December 31st of
each year the said board shall prepare and submit to the legislative delegation
of the said county an itemized statement of all needful appropriations together
with the estimated revenues accruing to the county from special sources and in
such form that the same may be used as the basis for the annual county appro-
priation bill. It is also made the duty of the board to make recommendations to
the delegation in respect to needful legislation in the interest of an efficient
administration of the affairs of the county.
(5) Duties and Powers as to Forfeited Lands. — The powers and duties
hereby devolved upon and vested in the present board of county directors of
Darlington County with respect to forfeited lands and being the same hereto-
fore exercised by the forfeited land commission of Darlington County are hereby
devolved upon the county board of county directors as created and established
under the provisions of §§ 4227-4230.
(6) Compensation. — Each member of the board of directors (other than the
chairman of Darlington County highway commission, whose compensation is
hereinafter provided for) shall receive the sum of twenty-five ($25.00) dollars
per month. 1936 (39) 1687.
§ 4227, 1932 Code, repealed by 1936/1687. Present § 4227 comes from said act.
167 Code of Laws of South Carolina § 4229
§ 4228. County supervisor and purchasing agent. — (1) Appointment
— Term — Bond — Removal. — The office of county supervisor and purchasing
agent is created. The term of office shall be for four (4) years, beginning Jan-
uary 1, 1937, and until a successor shall be appointed and qualified. It shall
be filled by the board of directors with the approval of the legislative delega-
tion. The appointee to this office should be a person of experience and possess
the finest business ability. He shall give bond for the faithful performance of the
duties of his office in the sum of ten thousand ($10,000.00) dollars and shall be
subject to removal by a majority vote of the combined members of the board of
directors and of the legislative delegation of the county. Any vacancy in the
office shall be filled as provided for the original appointment.
(2) Duties and Powers — Supplies and Equipment — Highways — Clerk —
Salary. — It is made the duty of the county supervisor and purchasing agent to
purchase all goods, office equipment and supplies, wares, merchandise, supplies,
groceries and other articles which may be needed by the county from time to
time, but all such purchases shall be made under such regulations, rules and re-
strictions and in such manner as may be directed by the board of directors. The
said supervisor and purchasing agent shall have full supervision, guidance and
direction of maintaining and upkeep of county highways, except as limited here-
in. He shall be the custodian of all public buildings and other real property,
all road machinery and chain-gang camp equipment; and with respect to the
public buildings and other real property, he shall be subject to the direction of
the board of directors, and with respect to the road machinery and chaingang
camp equipment, he shall be subject to the direction of the Darlington County
highway commission, hereinafter created ; but in all such matters it is made his
duty in the first instance to care for the property and bring to the attention of
the board of directors any and every matter which, in his opinion, is needful in
the proper care and disposition of all such property. The said supervisor and
purchasing agent shall receive such salary as the board of directors shall fix with
the approval of the legislative delegation of the county. He shall employ a
clerk to be approved by the board of directors and who shall receive such salary
as shall be fixed by the board of directors, with the approval of the legislative
delegation. The clerk so employed shall serve as the clerk and secretary to the
board of directors and shall perform such duties as may be prescribed by the
supervisor and purchasing agent not inconsistent with any provisions in respect
thereto as may be fixed by the board of directors. The said clerk shall also serve
as the clerk to the Darlington County highway commission and shall perform
such duties as may be fixed by such board not inconsistent with the duties of the
position as may be prescribed by the county board of directors. The clerk shall
give bond for the faithful performance of his duties in the sum of $2,000.00.
1936 (39) 1687.
Section 4228, 1932 Code, repealed by 393G/1687. Present section 4228 comes from said act.
§ 4229. County officials and employees furnish information. — Each county
officer, head of any department, head of any agency or employee of Darlington
County, shall upon request of the board of directors, furnish it with such de-
tailed information with respect to the status of the affairs of the county with
which such office or position has to do, financially or otherwise ; and in such
form and as often as may be required by the said board of directors. Any of-
ficer or employee failing to comply with any such request shall be subject to
§ 4229 1936 Supplement 168
removal from office or position by a majority vote of the members of the board
of directors and the legislative delegation from the county. 1936 (39) 1687.
Section 4229, 1932 Code, repealed by 1936/1687. Present section 4229 comes from said act.
§ 4230. Darlington county highway commission. — (1) Election — Terms —
Bond. — There is hereby established for Darlington County a commission to
be known and designated as the Darlington County highway commission. The
commission shall be composed of six members, one of whom shall be selected
as hereinafter provided from each of six districts into which the county is di-
vided as provided herein. District No. 1 to be composed of all that territory in-
cluding Darlington No. 1, Darlington No. 2, Darlington No. 3, Mechanicsville
No. 1 and Palmetto precincts ; district No. 2 to be composed of all that territory
including Hartsville No. 1, Hartsville No. 2, Hartsville No. 3, Clyde and Pond
Hollow precincts; District No. 3 to be composed of all that territory including
Lamar and Philadelphia precincts; District No. 4 to be composed of all that
territory including Society Hill, Antioch and Mechanicsville No. 2 precincts ;
district No. 5 to be composed of all that territory including Lyclia, Swift Creek
and Leavensworth precincts; district No. 6 to be composed of all that territory
including High Hill and Lake Swamp precincts. The regular terms of office
of the members of the said commission shall be for four years and until their
successors have been elected and qualified. Provided, that the initial terms of
office of the members selected from districts Nos. 2, 4 and 6 shall be for only
two years, and at the end of their terms the same shall run for the regular per-
iod of four years. One member of the commission shall be selected from each
of the said districts by the qualified electors thereof. Upon their election the
commission shall meet at the courthouse and organize by selecting one of their
number as chairman of the Darlington County highway commission. The chair-
man shall give bond in the sum of $5,000.00; Provided, that he is not required
to give more than one bond under all of the provisions of §§ 4227-4230, but may
give bond which will suffice for every public duty devolved upon him under
§§ 4227-4230. All other members of the commission shall give bond for the
faithful performance of their duties in the sum of $2,000.00.
(2) Duties and Powers. — The Darlington county highway commission is
chargeable with and responsible for the construction, proper maintenance and
upkeep of the highways, roads and bridges in Darlington County and the dis-
tribution and provision of all road machinery, chain-gang and camp equipment.
The said board shall have general charge of the chaingang and shall generally
direct the supervisor in respect to his duties in reference to highways, roads
and bridges, who shall act as executive officer of the said commission with re-
spect to such work. The commission shall have the power to direct the sections
of road or area of the county in which the chain-gang shall be placed and the
length of time that such gang shall be kept in any particular area or section
of the county or on any particular project. In his district each of the com-
missioners, with respect to road construction, shall have the same power and
authority now exercised by directors in the respective districts from which
they were selected. The compensation of each member of the commission shall be
$20.00 per month; Provided, that the chairman of the commission shall receive
$30.00 per month, which shall be inclusive of the compensation for his services
as a member of the board of directors.
(3) Vacancies. — Any vacancy occurring for any cause in the membership
of the commission shall be filled by the legislative delegation, unless the unex-
pired term is for more than two years and occurs prior to the time when entries
169 Code of Laws of South Carolina § 4253-1
are made in the democratic primary, and in such event such vacancy shall be
filled by the delegation, only until such time when a successor shall have been
named in the general election held next after the occurring of the vacancy, and
when such successor shall have been so named he shall only serve for the re-
mainder of the unexpired term. 1936 (39) 1687.
Section 4230, 1932 Code, repealed by 1936/1687. Present section 4230 comes from said act.
§ 4231. Office — records — public property — highways. — Repealed by 1936
Acts, page 1687.
§ 4236. Clerk — supervisor of roads. — Repealed by 1936 Acts, page 1687.
§ 4237. Compensation of employees. — Repealed by 1936 Acts, page 1687.
§ 4238. When no supply bill enacted, supply bill of previous year effective.
— In any year in which the General Assembly shall fail to enact a county sup-
ply bill for Darlington County, the county supply bill of the previous year
shall be and continue in full force and effect twelve (12) months from the date
when the supply bill for the previous year expired of its own limitation ; Pro-
vided, that the auditor of Darlington County shall be required to levy and the
treasurer of said county shall be required to collect sufficient amount of tax
on the taxable property of Darlington County to pay each and every item of
the appropriation made in the said previous Darlington county supply bill ; Pro-
vided, further, that in the event it is found necessary for the officers of Dar-
lington County to borrow money under the emergency provision in the previous
county supply bill which is continued of force by this section, then the county
auditor and the county treasurer shall, after a majority approval of the Dar-
lington County legislative delegation, levy and collect a sufficient tax to pay the
amount so borrowed for said emergency and the authority is hereby given to
pledge said tax levy for emergency as security for the money so borrowed. This
section shall not be construed to repeal any of the provisions now of force for
the operation of Darlington County's fiscal affairs, but shall be in addition to all
such provisions. 1936 (39) 1380.
§ 4238, 1932 Code, repealed by 1936/1687. Present section comes from 1936/13S0.
§ 4239. Fiscal year. — The fiscal year of Darlington County shall begin on
July 1 of each year and end on June 30 of the following calendar year. 1936
(39) 1419.
§ 4239, 1932 Code, repealed by 1936/3687. Present section comes from 1936/1419.
§ 4241. Commutation road tax.
See tins section in 1934 Supplement.
§ 4253-1. Collection and disposition of fees and costs. — All fees and costs
of the tax collector of Darlington County shall be paid to the treasurer of said
county, it shall be unlawful for the clerk of court to receive, file or record any
papers ; the sheriff to serve any papers, the judge of probate to file or record any
papers or proceedings or for any officer on salary or fees to take any action
whatsoever concerning papers in civil matters recording, filing, or serving etc.,
until the fees therefor provided shall first be paid to the respective officers and
until such officers shall have duly received payment therefor: Provided, that
the said tax collector shall make settlement to the treasurer of all funds collected
under this act every thirty (30) days on or before the 5th day of each month
subsequent to the month in which same were collected. Any payment of fees for
mileage shall not operate to relieve the party responsible therefor from liability
of such deficiency. Any violation hereof shall be punished by a fine of not less
than five ($5.00) dollars, or more than twenty-five ($25.00) dollars; or im-
prisonment for not more than ten (10) days. 1935 (39) 33; 1936 (39) 1318.
Present section 4253-1 replaces sections 4253-1 and 4253-2 in 1934 Supplement.
§ 4253-2 1936 Supplement 170
§ 4253-2. Levies for Florence-Darlington tuberculosis sanatorium. — -The
auditor of Darlington County is hereby authorized to levy and the treasurer to
collect annually a tax of one and one-fourth (1 1/4) mills for the maintenance
of the Florence-Darlington tuberculosis sanatorium. The fund so derived and
appropriated for the said tuberculosis sanatorium to be paid out monthly upon
certified claims filed by the county board of directors, of Darlington county,
based upon the prorata number of patients in the said sanatorium from Dar-
lington county. 1936 (39) 1443.
Section 4253-2, 1934 Supplement, was re- Present section 4253-2 comes from 1936/
placed by section 4253-1, this Supplement. 1443.
Dillon County
§ 4258. Road supervisor.
See this section in 1934 Supplement.
§ 4268-1. Issue certificates of indebtedness.
See this section in 1934 Supplement.
Dorchester County
§ 4276. Terms. — The terms of office of the other four members of the said
board shall be for a period of four years beginning January 1st, 1935. The
following persons having been nominated in the last primary are hereby named
as members of the said board for the term beginning January 1st, 1935 : W. W.
Pooster, F. M. Weeks, P. W. Taylor and Barney E. Meyers of Dorchester
County. 1935 (39) 60.
§ 4299-1. Legislative delegation may change annual supply bill.
See this section in 1934 Supplement.
§ 4299-2. Sell bonds or notes held by treasurer — expenditure of county
funds.
See this section in 1934 Supplement.
§ 4299-3. Treasurer make monthly report.
See this section in 1934 Supplement.
§ 4299-4. "The board of county commissioners of Dorchester County" in
acts and joint resolutions interpreted. — Wherever and whenever the words
"the board of county commissioners of Dorchester County" appear or is in
any acts or joint resolutions of the General Assembly of South Carolina, it
shall be deemed and construed to be the same as the county board of directors
of Dorchester County. 1936 (39) 1786.
This section added hy 1936/178G.
Fairfield County
§ 4316. Commutation road tax.
See this section in 1934 Supplement.
§ 4321. Committee administer funds appropriated provide hospitalization
for needy persons. — A committee of three persons is hereby created to ad-
minister such sums as may be annually appropriated in the supply bill for Fair-
field County to provide hospitalization for needy persons of said county. It shall
be the duty of the said committee to administer this fund in its discretion so as
to provide immediate relief for persons who reside in Fairfield County who them-
selves are unable to secure such relief or the members of his or her immediate fam-
ily are unable to supply, and who, unless cared for from the proceeds of such funds,
would suffer. The committee shall be designated annually by the legislative dele-
171 Code of Laws of South Carolina § 4363
gation to administer the funds appropriated in any such year. The funds so ap-
propriated shall be disbursed upon warrants approved and signed by a majority
of the members of the committee. 1934 (38) 1948.
§ 4321, 1932 Code, repealed by 1933/208. Present § 4321 comes from 1934/1948.
Florence County
§ 4351. Governing board. — (1) Appointment. — On and after January 1st,
1933, a governing board for Florence County is hereby established to consist
of six members, one from each commission district to be appointed by the
Governor upon the nomination at the democratic primary, as now provided by
law for the members of the governing commission.
(2) Vacancy. — Should a vacancy occur on the governing board of the county
of Florence by reason of the death, resignation or removal from office of any
member or members thereon constituting said board, then such vacancy shall
be filled by appointment of the Governor for the unexpired term so becoming
vacant, upon the recommendation of a majority of the legislative delegation
of said county.
(3) Term. — The term of office of the members of the said governing board is
hereby declared to be four (4) years from January 1, 1935, and until their
successors have been nominated, appointed and qualified, whose term of office
shall likewise be for a term of four (4) years, and until their successors are
nominated, appointed and qualified, and so on ad infinitum. 1932 (37) 1441 ;
1935 (39) 440.
Sections 4351-4363 superseded by 1932/ 1932/1441 and 1935/440.
1441. Present sections 4351-4361 come from
§ 4352. Duties.
See this section in 1934 Supplement.
§ 4353. County manager — term — removal.
See this section in 1934 Supplement.
§ 4354. Duties and powers — approve purchase of supplies, etc.
See this section in 1934 Supplement.
§ 4355. Contract and purchase of supplies, etc.
See this section in 1934 Supplement.
§ 4356. Advertise quarterly for bids for supplies, etc.
See this section in 1934 Supplement.
§ 4357. Claims.
See this section in 1934 Supplement.
§ 4358. County manager to make monthly report.
See this section in 1934 Supplement.
§ 4359. Clerk — duties — office of county manager.
See this section in 1934 Supplement.
§ 4360. County manager under supervision of governing board — payment
of claims.
See this section in 1934 Supplement.
§ 4361. Governing commission abolished.
See this section in 1934 Supplement.
§ 4362. Bond of road overseer of commission. — Superseded by 1932 Acts,
page 1441.
§ 4363. Office of county supervisor abolished — duties devolved. — Super-
seded by 1932 acts, page 1441.
§ 4365 1936 Supplement 172
§ 4365. Compensation of sheriff, auditor, treasurer, and tax collector.
See this section in 1934 Supplement. Coy (filed 11-9-36) should be consulted as
Constitutionality: Holt v. Calhoun, 175 to the constitutionality of this section.
S. C, 481, 179 S. E., 50 and Salley v. Mc-
§ 4372. Annual audit.
See this section in 1934 Supplement.
§ 4372-1. Office hours for certain officers.
See this section in 1934 Supplement.
§ 4372-2. Sale of real estate owned by county. — All real property now
owned or hereafter acquired by the county of Florence, except such as has
been or may be acquired by tax sales, may be sold by the governing board of
said Florence County in its discretion, both as to price and terms, save that
all future payments, of remainder of purchase price must be secured by a pur-
chase money mortgage. In all such sale to be made the deeds shall be signed
by the chairman of the board and attested by the secretary; and there shall
be incorporated therein a resolution of the governing board of the county
signed without witnesses as to such resolution by a majority of said board.
1935 (39) 64.
This section added by 1935/64.
Georgetown County
§ 4374. Board of county commissioners — terms — removal.
See this section in 1934 Supplement.
§ 4397. Bonds of county officers.
See this section in 1934 Supplement.
§ 4400. Compensation of county officers and employees.
See this section in 1934 Supplement.
Greenville County
•
§ 4405. Officers receive salaries in lieu of fees — clerical help and assistance. —
(1) Collect and Account for Fees. — The officers of Greenville County shall
receive such salaries as shall be provided in the Greenville County supply bill
each year. The said salaries to be in lieu of all fees of whatever nature or de-
scription collected by the aforesaid officers as provided by law, including all
fees or costs accruing by virtue of their offices, and all such rees or costs
collected by the said officers under the law now requiring such fees to be paid
and collected shall be by the official collecting same paid over to the treasurer
of Greenville County on the first Wednesday of each month, and at the same
time he shall file with the treasurer a verified, itemized statement in duplicate
on blanks approved by the treasurer and furnished the officers by the county.
Such statement shall show the amounts collected by the officers during the
preceding month, as well as all fees accruing during said period but not col-
lected.
(2) Collection of Costs to Serve Papers. — All costs and fees now required
by law to be paid for serving documents and papers shall be paid in advance
to the officer receiving the same for service, who shall endorse thereon "Costs
Paid", with the date thereof, and at the same time he shall make a proper
entry thereof, upon book to be furnished for said purpose. No paper or docu-
ment shall be served by any officer charged therewith, unless the required
costs have been paid : Provided, that this paragraph shall not apply to criminal
processes, and no costs in criminal cases shall be required in advance : Provided,
173 Code of Laws of South Carolina § 4441
further, that in all eases the officer charged with the duty of collection of fees
shall exercise due diligence in collecting all of said fees and charges.
(3) Clerical Help. — In addition to the salaries provided for herein to be
paid to the officials of Greenville County, the Greenville County delegation
shall from year to year provide for such clerical help and other assistance as
it may think right and proper for the aforementioned officials in the annual
supply bill for Greenville County: Provided, however, that the said officials
shall not in any manner profit by the moneys paid for clerical help or other
assistance, and said clerical help shall be paid only on vouchers, properly
drawn, which shall be sworn to by claimants and countersigned by the county
supervisor.
(4) Penalty. — Any official violating any of the terms and conditions and
provisions hereof, shall be subject to the payment of a fine of not less than five
hundred ($500.00) dollars nor more than five thousand ($5,000.00) dollars,
or not less than three months nor more than twelve months imprisonment upon
the public works of Greenville County for each and every offense hereunder.
1935 (39) 365.
§ 4405, 1932 Code, repealed by 1935/365. Present section comes from said act.
§ 4406. Sinking fund commission. — * * * (8) Control and Investment
of Other Sinking Funds. — Greenville city school district no. 17, Parker school
district no. 8-A, Greer school district no. 9-A, and all districts and bodies
politic, for which taxes are levied in Greenville County, or on any Greenville
County real estate for sinking funds for any bonds which have been issued or
may hereafter be issued, where separate sinking fund commissions have been
established or exist, or may hereafter be established, shall be subject to the
same provisions of section 4406 as are applicable to Greenville County sinking
fund commission in the investment of any funds in the control of any of said
commissions, and said commissions shall be allowed to make no other invest-
ments except the same kind and character of investments as are provided in
said section 4406 for Greenville County sinking fund commission. 1936 (39)
1439.
Subsection 8 added by 1936/1439. See amendments,
this section 1934 Supplement for other
§ 4433-1. Annual audit.
See this section in 1934 Supplement.
§ 4441. Attorney. — The Greenville delegation in the General Assembly shall
have exclusive power to appoint an attorney to represent Greenville County,
and to provide compensation for said attorney, and he shall be elected and re-
movable at the will of the delegation. Said attorney shall represent Greenville
County and all of its officers in matters relating to said county, shall give them
advice when called upon and it is their duty to go to him for advice. Said at-
torney shall represent all the political subdivisions of said Greenville County,
including all commissions, such as sewer commission, financial board, board
of county commissioners, or any other commission or board under whatever
name designated, including school trustees, and shall be the sole and exclusive
attorney of said boards and commissions. It shall be unlawful for any board,
or political subdivision, or officer of Greenville County to have any other at-
torney than the regular one selected by the Greenville delegation in the Gen-
eral Assembly. There shall be only one attorney for said county and its po-
litical subdivisions, provided, however, that the county attorney may with the
permission of the county delegation have others to assist him if he so desires,
§ 4441 1936 Supplement 174
such attorney or attorneys to be compensated by the county. 1934 (38) 1202;
1935 (39) 49.
§ 4441, 1932 Code, repealed by 1932/1176. Present § 4441 comes from 1934/1202, 1935/49.
§ 4442. County board of commissioners. — (1) Created. — There is hereby
created a commission which shall be known as the county board of commis-
sioners of Greenville County and which shall have the powers, duties and
personnel hereinafter provided for.
(2) Members — Election — Term. — Said commission shall be composed of
three (3) members who shall be C. O. Milford, L. H. Stringer and R. W. Ar-
rington, who shall hold office until December 1, 1936, or until their successors
have been elected in the manner hereinafter provided, commissioned and quali-
fied. Upon the expiration of the initial term of office of each of the three (3)
above-mentioned commissioners, three (3) successors shall be elected by a ma-
jority of the Greenville County legislative delegation to the General As-
sembly for a term of two years, and in like manner successors shall thereafter
be named upon the expiration of the term of any of the commissioners.
(3) Vacancy. — Any vacancy on the board shall be filled by appointment of
the Governor of South Carolina upon the recommendation of a majority of
the Greenville County delegation, by and with the consent of the remaining
member or members of the said board.
(4) Governor Commission — Compensation. — The Governor of South Caro-
lina shall issue commissions to each of the three (3) commissioners named in
subsection 2 hereof and upon the election of their successors, and subsequent
commissioners, the Governor shall issue commissions to those persons hereafter
elected as a member of the said board of commissioners. No member of the board
shall receive any remuneration for his services as a member of the board.
(5) Rules and Regulations — Meetings — Have No Interest in Contracts.
— The commissioners shall effect their own organization and make rules and
regulations governing their own officials and the officials and administration
of the department of the county's government touching any of its business
and financial affairs; they shall hold stated meetings at least once a month,
and such meetings as shall be necessary to properly and efficiently control and
manage the county's affairs and to carry out the functions of their office, and
shall keep minutes of their meetings and shall make and file with the secre-
tary of the legislative delegation of Greenville County quarterly statements
showing sums borrowed and unpaid and cash balances on hand. No member
of the board shall ever participate directly or indirectly, in negotiations re-
lating to, or in determination of, any matter or thing in which his personal
interest would be served by any particular decision on account of relation-
ship, enterprise, business, location, or otherwise ; any violation of this provi-
sion shall operate as a forfeiture of office, and the appointment of any mem-
ber of the board shall be revoked by the Governor on written report, signed
by a majority of the Greenville County legislative delegation, that he has vio-
lated this provision.
(6) Control Finances — Employees — Approve Levies for Schools and
Bond Issues. — The said board shall have full and complete control of all of
the business and financial affairs of the county, including the right to designate
the depositories of all county funds. Said board is hereby authorized to employ
a full time business secretary whose salary shall be fixed in the absolute dis-
cretion of said board of commissioners. The said board is hereby authorized
175 Code of Laws of South Carolina § 4444
to employ whatever clerical assistance it may deem necessary. It shall provide
business methods of handling the county's finances, and no claim or accounts
for anything whatsoever, except the salaries which are fixed by law, shall be
paid, except such items as have been approved by the board ; and no special
levies shall be made in any school district in said county without the written
approval of said board, nor shall any bonds be issued or sold by any political
subdivisions of said county without written approval of said board.
(7) Act as Advisory Board — Approve Notes, Bonds, Etc. — Said board shall
confer with the Greenville County legislative delegation as often as may be
necessary and shall act as an advisory board to the various officials of Green-
ville County, and the school trustees of the several school districts in the
county. No notes, bonds or other evidences of indebtedness, except bank
checks or drafts shall be binding upon the county of Greenville or any school
district thereof unless approved by the said county board of commissioners
by resolution adopted by a majority of said county board of commissioners at
a duly called meeting of the said board. It is expressly provided that it is not
the intention of this subsection to qualify, enlarge, change, amend or repeal
existing law referring to the issue and sale of any notes, bonds or other evi-
dences of indebtedness and the provisions of this subsection are intended to
provide additional and further safeguards to the execution and issuance of
such obligations.
(8) Bond Certain Employees. — The said board shall provide that no em-
ployee of the board who may handle any moneys or funds of Greenville
County or any political subdivision thereof shall enter upon the discharge of
the duties of his office without first securing a bond executed by a surety
company regularly licensed to do business in this state in such form and in
such amount as, in its discretion, may be fixed by the said board of commis-
sioners. The premiums on such bonds shall be paid by the county treasurer of
Greenville County out of the general funds of the county.
(9) Repeal. — This section shall not be construed to repeal the provisions of
any existing law authorizing the borrowing of money by Greenville County
or any political subdivision thereof. 1936 (39) 1638.
§ 4442, 1932 Code, repealed by 1932/1176. Greenville County supervisor to keep cer-
Present section comes from 1933/270 ; 1936/ tain Greer to N. C. line road in travelable
1446, 1638. condition, 1932/1858.
§ 4443. Term of office. — This section repealed by 1932 acts, page 1176.
§ 4444. Criminal investigator. — The solicitor of the thirteenth judicial cir-
cuit shall have an assistant in Greenville County who shall be known as
"Criminal investigator of Greenville County", who shall be appointed by a
majority of the legislative delegation of Greenville County, upon the approval
of said solicitor. The term of office of said investigator shall be for a period
of one year. He shall work directly under said solicitor and shall investigate
the various criminal cases arising in Greenville County, and shall assist the
solicitor in the preparation and trial of such cases, in such manner as said
solicitor may direct. Said investigator shall receive a salary of one hundred-
twenty-five ($125.00) dollars per month, and be allowed for traveling ex-
penses the sum of fifty ($50.00) dollars per month, all to be paid by Green-
ville County. The said investigator shall be vested with all the power and au-
thority of a deputy sheriff. 1935 (39) 23.
§ 4444, 1932 Code, repealed by 1932/1176. Present section comes from 1935/23.
§ 4445 1936 Supplement 176
§ 4445. Board of charity appeals. — (1) Created — Members. — There is here-
by created in Greenville County a board of charity appeals to be composed of
five (5) members, three (3) of whom shall be members of the Greenville
County house delegation, appointed to said board by the senator from Green-
ville County, one of whom shall be a member of the board of county commis-
sioners of Greenville County, appointed to said board of charity appeals by
said board of county commissioners, and one to be a member of the general
hospital board, to be appointed to said board of charity appeals by said gen-
eral hospital board. The members of the board of charity appeals shall hold
office for a term of one year, and until their successors have been appointed,
and shall meet at least once a month, and oftener if necessary.
(2) Charity Investigator — Duties and Powers. — The board of charity ap-
peals, hereby created, or a majority thereof, shall have the power and au-
thority to select, employ, and at any time in their discretion, or in the dis-
cretion of a majority thereof, to remove or discharge a full time charity in-
vestigator with the approval of the Greenville County delegation. The salary
of such investigator shall be fixed by said board of charity appeals, or a ma-
jority thereof with the approval of the Greenville County delegation and shall
be provided for in the salary item of the annual appropriation bill for Green-
ville County. The duties of such investigator shall be to investigate the cir-
cumstances and conditions of those applying to the general hospital for treat-
ment or hospitalization as charity patients; and to perform such other duties
as are set forth in this section or as may be provided by rules and regulations
promulgated by said board of charity appeals : Provided, the board of charity
appeals is hereby expressly authorized to empower the investigator of charity
patients to investigate all candidates for admission into the Greenville county
home under such rules, restrictions, and requirements for admission into said
home as the board aforenamed may prescribe.
(3) Board Issue Rules and Regulations. — The board of charity appeals,
hereby created, shall have power and authority, and is hereby directed to
promulgate rules and regulations covering the admission of charity patients
to the general hospital not inconsistent with the provisions of this section,
and also covering and outlining the duties and powers of an investigator, and
all other matters not herein otherwise provided for ; with power and authority
to change the same from time to time in their discretion, or in the discretion
of a majority thereof.
(4) Charity Patients. — Patients to receive medical treatment at city hos-
pital must be destitute. The investigator shall establish this fact beyond ques-
tion where time for investigation is allowed before entrance. The financial
situation of each such patient must be studied carefully, particularly as to
ability to pay all or any part of hospital fees which might be charged to
county. Each such patient must be a bona fide resident of Greenville County and
must have lived in Greenville County long enough to establish legal residence
with power to vote before he can receive free hospitalization. Only in extreme
emergencies shall this requirement not be complied with.
(5)" Investigator Collect Commodities for Treatment — Disposition. — The
investigator shall have authority to collect money, agricultural products, pro-
duce, chickens, eggs, butter, milk or live stock, where patient has no money
available. The investigator shall have authority to dispose of these commodities
as best he can, either to hospital or to other charitable or penal institutions of
177 Code of Laws of South Carolina § 4453-1
the county or to sell same in the open market, Provided, that he must keep
an accurate record of all such products received and monies derived from the
sale of same and include same in his weekly report above mentioned. The
money derived from the sale of such products, or any monies collected, shall
be kept, in a special account by the county treasurer and shall be used by him in
settlement of county hospital bills.
(6) Emergency Cases. — Emergency cases shall be investigated quickly and
in cases of fights, shootings, cutting and automobile accidents and similar mis-
haps, unless the patient is destitute, relatives of the patient must be notified at
once that the county assumes no responsibility for hospital bills.
(7) Check Patients. — The investigator shall include in his duties the fre-
quent check of all hospital patients by consulting with hospital attache,
doctors in charge of cases and others necessary and see that patient leaves
hospital just as quickly as doctors give consent.
(8) Hospitalization. — Except in cases of extreme emergency no patient will
be allowed county charity hospitalization unless some Greenville County doctor
approves and recommends the case as worthy. The doctor will sign a card
giving full details of the illness of the applying patient and these cards must
be retained by the investigator as permanent records.
(9) Responsibility of Investigator. — The investigator shall assume no re-
sponsibility as to the nature of illness of any patient and shall be in no way
responsible for patient's condition after leaving the hospital.
(10) Investigator — Term — Records. — The investigator shall commence his
records as of January 1, 1935 and he shall pass on all new applicants for all of
the institutions of the county or those to which the county contributes support.
He shall not be required to have records of cases dating before January 1,
1935.
(11) Appeal from Investigator's Decision. — Appeals shall lie in the case
of every patient applying for charity treatment or hospitalization from any de-
cision of the investigator to the board of charity appeals, in such manner as
shall be provided for said board of charity appeals by rules and regulations;
,and the decision of said board of charity appeals, or a majority thereof, on
lany such appeal shall be final. 1935 (39) 36.
§ 4445, 1932 Code, repealed by 1932/1176. Present section comes from 1935/36.
§ 4446. County jail — county home. — The board of county commissioners
iof Greenville County shall have full and complete charge and management of
ithe county jail and full and complete management of the county home. 1935
.(39) 246.
Section 4446, 1932 Code, repealed by 1932/ Charity and corrections commission abol-
51176. Present section comes from 1935/246. ished, 1935/246.
§ 4447. Supervisor to furnish office and supplies. — Repealed by 1933 Acts,
page 159: 1932 Acts, page 1176.
Greenwood County
§ 4453. Term of supervisor. — The term of office of the county supervisor
shall be four years and until his successor is elected and qualified. 1935 (39)
577.
All of the provisions of this section in 1932 Code except the above eliminated, 1935/377.
§ 4453-1. County board of commissioners abolished — duties devolved. — The
ounty board of commissioners of Greenwood County is hereby abolished and
§ 4445 1936 Supplement
176
§ 4445. Board of charity appeals.— (1) Created— Members.— There is here-
by created in Greenville County a board of charity appeals to be composed of
five (5) members, three (3) of whom shall be members of the Greenville
County house delegation, appointed to said board by the senator from Green-
ville County, one of whom shall be a member of the board of county commis-
sioners of Greenville County, appointed to said board of charity appeals by
said board of county commissioners, and one to be a member of the general
hospital board, to be appointed to said board of charity appeals by said gen-
eral hospital board. The members of the board of charity appeals shall hold
office for a term of one year, and until their successors have been appointed,
and shall meet at least once a month, and oftener if necessary.
(2) Charity Investigator— Duties and Powers.— The board of charity ap-
peals, hereby created, or a majority thereof, shall have the power and au-
thority to select, employ, and at any time in their discretion, or in the dis-
cretion of a majority thereof, to remove or discharge a full time charity in-
vestigator with the approval of the Greenville County delegation. The salary
of such. investigator shall be fixed by said board of charity appeals, or a ma-
jority thereof with the approval of the Greenville County delegation and shall
be provided for in the salary item of the annual appropriation bill for Green-
ville County. The duties of such investigator shall be to investigate the cir-
cumstances and conditions of those applying to the general hospital for treat-
ment or hospitalization as charity patients; and to perform such other duties
as are set forth in this section or as may be provided by rules and regulations
promulgated by said board of charity appeals : Provided, the board of charity
appeals is hereby expressly authorized to empower the investigator of charity
patients to investigate all candidates for admission into the Greenville county
home under such rules, restrictions, and requirements for admission into said
home as the board aforenamed may prescribe.
(3) Board Issue Rules and Regulations.— The board of charity appeals,
hereby created, shall have power and authority, and is hereby directed to
promulgate rules and regulations covering the admission of charity patients
to the general hospital not inconsistent with the provisions of this section,
and also covering and outlining the duties and powers of an investigator, and
all other matters not herein otherwise provided for ; with power and authority
to change the same from time to time in their discretion, or in the discretion
of a majority thereof.
(4) Charity Patients.— Patients to receive medical treatment at city hos-
pital must be destitute. The investigator shall establish this fact beyond ques-
tion where time for investigation is allowed before entrance. The financial
situation of each such patient must be studied carefully, particularly as to
ability to pay all or any part of hospital fees which might be charged to
county. Each such patient must be a lona fide resident of Greenville County and
must have lived in Greenville County long enough to establish legal residence
with power to vote before he can receive free hospitalization. Only in extreme
emergencies shall this requirement not be complied with.
(5) Investigator Collect Commodities for Treatment— Disposition.— The
investigator shall have authority to collect money, agricultural products, pro-
duce, chickens, eggs, butter, milk or live stock, where patient has no money
available. The investigator shall have authority to dispose of these commodities
as best he can, either to hospital or to other charitable or penal institutions of
177 Code of Laws of South Carolina § 4453.1
the county or to sell same in the open market. Provided, that he must keep
an accurate record of all such products received and monies derived from the
sale of same and include same in his weekly report above mentioned. The
money derived from the sale of such products, or any monies 'collected, shall
be kept in a special account by the county treasurer and shall be used by him in
settlement of county hospital bills.
(6) Emergency Cases.— Emergency cases shall be investigated quickly and
in cases of fights, shootings, cutting and automobile accidents and similar mis-
haps, unless the patient is destitute, relatives of the patient must be notified at
once that the county assumes no responsibility for hospital bills.
(7) Check Patients.— The investigator shall include in his duties the fre-
quent check of all hospital patients by consulting with hospital attache,
doctors in charge of cases and others necessary and see that patient leaves
hospital just as quickly as doctors give consent.
(8) Hospitalization. — Except in cases of extreme emergency no patient will
be allowed county charity hospitalization unless some Greenville County doctor
approves and recommends the case as worthy. The doctor will sign a card
giving full details of the illness of the applying patient and these cards must
be retained by the investigator as permanent records.
(9) Responsibility of Investigator.— The investigator shall assume no re-
sponsibility as to the nature of illness of any patient and shall be in no way
responsible for patient's condition after leaving the hospital.
(10) Investigator— Term— Records.— The investigator shall commence his
records as of January 1, 1935 and he shall pass on all new applicants for all of
the institutions of the county or those to which the county contributes support.
He shall not be required to have records of cases dating before January 1
1935.
(11) Appeal from Investigator's Decision.— Appeals shall lie in the case
of every patient applying for charity treatment or hospitalization from any de-
cision of the investigator to the board of charity appeals, in such manner as
shall be provided for said board of charity appeals by rules and regulations ;
and the decision of said board of charity appeals, or a majority thereof, on
any such appeal shall be final. 1935 (39) 36.
§ 4445, 1932 Code, repealed by 1932/1176. Present section comes from 1935/36.
§ 4446. County jail— county home.— The board of county commissioners
of Greenville County shall have full and complete charge and management of
the county jail and full and complete management of the county home 1935
. (39) 246.
Section 4446, 1932 Code, repealed by 1932/ Charity and corrections commission abol-
11<6. Present section comes from 1935/246. ished, 1935/246.
§ 4447. Supervisor to furnish office and supplies.— Repealed bij 1933 Acts,
page 159: 1932 Acts, page 1176.
Greenwood County
§ 4453. Term of supervisor.— The term of office of the county supervisor
shall be four years and until his successor is elected and qualified. 1935 (39)
377.
All of the provisions of this section in 1932 Code except the above eliminated, 1935/377.
§ 4453-1. County board of commissioners abolished— duties devolved. The
county board of commissioners of Greenwood County is hereby abolished and
§ 4491 1936 Supplement 180
(5) Compensation. — The compensation of the chairman and members of the
board of county commissioners shall be as annually fixed by the legislative
delegation in the annual county supply act. 1936 (39) 1609.
§ 4491, 1932 Code, repealed by 1936/1609. Present section comes from said act.
§ 4492. Execution of obligations of county. — The chairman of the board
of county commissioners, together with the county treasurer, shall execute
all notes or other obligations of the county, after same have been adopted by a
resolution of the county board of commissioners or a majority thereof, such
obligation or obligations to be attested by the clerk of the board of county com-
missioners and approved by the county attorney. 1936 (39) 1609.
Section 4492, 1932 Code, repealed by 1936/1609. Present section comes from said act.
§ 4494. Officers receive salaries in lieu of fees — clerical help and assistance.
(1) Fix Salaries Annually. — The annual salary of each of the county officers
of Horry County, South Carolina, shall be as fixed annually in the supply act
of Horry County, S. C, for each year respectively, Provided, that if such salary
be omitted from the said supply act of any year, the salary as fixed in the
supply act of the last previous year fixing such salary shall remain in force
and effect.
(2) Pay Into County Treasury all Fees Keceived. — All fees now pre-
scribed or hereafter prescribed by law to be paid to said officers shall be paid
by them to the county treasurer and placed by him in the general county
fund. Provided, that all such fees so collected by any and all officials of Horry
County shall be paid to the county treasurer on or by the tenth of each month
following such collection.
(3) Clerical Help. — In addition to the salaries provided for in subsection
1 the county delegation shall, from year to year, provide for such clerical help
and other assistance as to it may seem right and proper for the conduct of
business of the county in the several public offices, said provisions to be con-
tained in the annual supply act : Provided, hoivever, that the public officials of
Horry County mentioned in subsection 1 shall not, in any manner, profit by the
moneys paid for clerical help, or other assistance, which amounts shall be
paid only on vouchers properly drawn, which shall be sworn to by the claim-
ants and passed upon by the county commissioners, as other claims against the
county.
(4) Keep Record of Instruments Acted on and Fees Received. — Each pub-
lic officer of Horry County shall keep a complete record of every instrument
filed, recorded or acted upon and amount of fees paid therefor, which shall
be open to inspection by any citizen of Horry County at any time.
(5) Penalty. — Any official violating any of the terms, conditions or pro-
visions of this section shall be guilty of a misdemeanor and upon conviction
shall be subject to a fine of not more than five hundred ($500.00) dollars, or
imprisonment for not more than twelve (12) months, either or both, in the
discretion of the court, and shall be immediately removed from office by the
Governor. 1936 (39) 1348.
Section 4494, 1932 Code, repealed by 1936/1609. Present section comes from 1936/1348.
§ 4494-1. Salaries of certain officers. — This section, 1934 Supplement, re-
pealed by 1936 acts, page 1348.
Unconstitutional.— Holt v. Calhoun, 175 S. C, 481 ; 179 S. E., 501.
§ 4495. Road tax.
See this section in 1934 Supplement.
181 Code of Laws of South Carolina § 4529-3
§ 4502-1. Fiscal year. — The fiscal year of Horry County shall begin on July
first of each year and end on June thirtieth of the following calendar year.
1936 (39) 1442.
This section added by 1936/1442.
Jasper County
§ 4503. Close county offices at noon Saturdays and certain Thursdays. — All
county officers for the county of Jasper are authorized to close their respective
offices at twelve o 'clock noon on each and every Saturday throughout the year ;
and said officers are likewise authorized to close their said respective offices
at twelve o'clock noon on each and every Thursday, and to keep the same
closed for the remainder of the day, during the months of June, July and
August. 1936 (39) 1683.
§ 4503, 1932 Code, repealed by 1933/15. Present section comes from 1936/16S3.
§ 4504. Purchase of supplies.
See this section in 1934 Supplement.
§ 4510. Sinking fund commission.
See this section in 1934 Supplement.
§ 4510-1. 1936 supply bill effective when no supply bill enacted. — In any
year until the General Assembly shall enact the county supply bill for Jasper
County, or if the General Assembly shall fail to enact a supply bill, the supply
bill for the year 1936 shall be adopted for that year and continue in full force
and effect until the supply bill is enacted, and, if none is enacted, the said
supply bill for the year 1936 shall continue in full force and effect for the en-
tire year. The auditor of Jasper County shall be required to levy and the treas-
urer of Jasper County shall be required to collect the same taxes as provided
for in the supply bill for the year 1936 and the board of county commissioners
and the county treasurer are authorized to borrow and pledge the taxes as
provided for in said act. 1936 (39) 1478.
Kershaw County
§ 4517. Officers record their bonds. — Every officer in Kershaw County who
is now required by law to furnish bond for the faithful performance of his
official duties shall have the said bond recorded in the office of the clerk of
court for the said county immediately upon its execution and shall pay the
clerk for recording the said bond a fee of one dollar. Upon the payment of the
said fee, the clerk of court shall issue to every such officer his certificate of
recording. The salary of every bonded officer in Kershaw County who fails
to comply with the provisions hereof shall be withheld until he or she shall
comply therewith. The certificate required herein to be issued by the clerk of
court shall be sufficient evidence of the recording of any bond. 1936 (39) 1329.
§ 4517, 1932 Code, repealed by 1932/1221. Present section comes from 1936/1329.
§ 4521. Road tax.
See this section in 1934 Supplement.
§ 4529-1. Sinking fund commission.
See this section in 1934 Supplement.
§ 4529-2. Officers may write off losses.
See this section in 1934 Supplement.
§ 4529-3. Game sanctuaries. — (1) County Commissioners May Set Aside
Certain Lands for — Advertise — Trespass. — The county board of commissioners
of Kershaw County as the forfeited land commission of Kershaw County here-
§ 4529-3 1936 Supplement 182
by is directed to forthwith set aside for game sanctuaries, such tracts of land
owned by such forfeited land commission of not less than one hundred (100)
acres in each tract, in the several sections of Kershaw County, suitable for
such purposes ; and upon the setting aside of such lands as herein directed,
the said board shall forthwith advertise in the two newspapers published in
Kershaw County a notice against trespass thereon, and post notice against
trespass by any person for the purpose of hunting thereon. Such land so set
aside as herein provided shall be held as game sanctuaries for a period of not
less than twenty years.
(2) Provide for Protection. — The said board shall provide for the protec-
tion of said game sanctuaries from fire, and shall for such purpose cause such
fire brakes to be cut as may be necessary, using chain gang labor whenever
necessary for such work as may be proper to protect and preserve such sanc-
tuaries from fire, and for the purpose of planting food or cover crops or pine
or other merchantable trees thereon.
(3) Peace Officers Protect from Trespass and Fire. — It shall be the duty
of the rural police, the sheriff, game warden and constables of Kershaw County
to protect the said lands so set aside as aforesaid from trespass, or fire, and
to prosecute any person trespassing, or setting out fire on said lands set aside
as aforesaid.
(4) File Deeds of Such Lands in Clerk's Office — Use of Premises. —
Upon setting aside such lands as hereinabove provided, the said board shall
file and cause to be recorded in the proper books of the office of the clerk of
court a deed or deeds, setting aside said lands as game sanctuaries of
said county for the period of twenty years, and for such period of time said
lands shall be held and used for no other purpose, save to take therefrom such
timber as may be merchantable and to plant and harvest food and cover crops
thereon. 1935 (39) 211.
This section added by 1935/211.
Lancaster County
§ 4555-1. Sums expend for roads and bridges — when borrow. — The board of
county commissioners of Lancaster County are hereby expressly forbidden
to expend in any one quarter of the year for road and bridge purposes a sum
in excess of one-fourth of the total amount appropriated annually in the
Lancaster County supply bill for that purpose. The said board is hereby ex-
pressly forbidden to borrow any funds or to obligate the county of Lancaster
to any person, firm or corporation for the purpose of any material for any
such purposes during any one quarter in an amount in excess of such quarterly
sum. The treasurer of Lancaster county is also expressly forbidden to honor
a claim against the county for road and bridge services for labor or material
where the same have been contracted in violation of the hereinabove provi-
sions. Should such situation arise as to make it advisable in the public interest
then the county board may expend in a particular quarter an amount in ex-
cess of one-fourth of the amount appropriated, and the treasurer may pay such
amounts in excess of one-fourth of the amount appropriated, provided, the
county board of commissioners and the county treasurer shall have written
instructions to do so, signed by a majority of the legislative delegation, in-
cluding the Senator. Provided, further, that the county board of commissioners
shall have no authority whatever to borrow funds for Lancaster county except
183 Code of Laws of South Carolina § 4597-3
upon the written authority of a majority of the legislative delegation, in-
cluding the Senator. 1936 (39) 1540.
§ 4552, 1932 Code, should be compared with present § 4555-1.
§ 4569. Salaries of certain official.
See this section in 1934 Supplement.
§ 4569-1. Fiscal year. — The fiscal year of Lancaster County shall begin
on July 1 of each year and end on June 30 of the following calendar year. 1936
(39) 1432.
This section added by 1936/1432.
Laurens County
§ 4573. County officers receive salaries in lieu of fees.
See this section in 1934 Supplement.
Constitutionality: Holt v. Calhoun, 175 Coy (filed 11-3-36) should be consulted as
S. C, 481, 179 S. E., 50 and Salley v. Mc- to the constitutionality of this section.
Lee County
§ 4576. Office of county supervisor abolished.
See this section in 1934 Supplement.
Lexington County
§ 4582. County board of commissioners.
See this section in 1934 Supplement. rival candidate as member of legislative
Newspaper publication of statement of delegation, in view of control of county
candidate for nomination for legislature commissioner over roads and bridges. Jack-
that county had failed to get roads and son v. Record Pub. Co., 175 S. C, 211 ; 178
bridges, followed by inquiry, "Who got the S. E., 833.
money?" not applicable in libel action, to
§ 4583. Qualifications.
See this section in 1934 Supplement.
§ 4584. Election.
See this section in 1934 Supplement.
§ 4585. Districts.
See this section in 1934 Supplement.
§ 4586. Bond of commissioners — salary.
See this section in 1934 Supplement.
§ 4588. Powers and duties of board.
See this section in 1934 Supplement.
§ 4589. Clerk of board — report of county officers.
See this section in 1934 Supplement.
§ 4591. Commutation tax.
See this section in 1934 Supplement.
§ 4597-1. County attorney may bid on collateral in which county has an
equity.
See this section in 1934 Supplement.
§ 4597-2. County not to employ delinquent taxpayers — publish names of
employees delinquent in paying their taxes.
See this section in 1934 Supplement.
§ 4597-3. Not contract for services, materials and supplies in excess of
funds provided. — It shall be unlawful for any county officer, employee, agent,
board or commission of Lexington County to contract for any services, ma-
terials or supplies in any amount whatever in excess of the funds provided for
in the annual county supply act, or above and beyond any funds which may be
§ 4597-3 1936 Supplement 184
specifically authorized by law. Any person, firm or corporation contracting with
or attempting to contract with any officer, employee, agent, board or com-
mission of Lexington County for any services, materials or supplies is charged,
with knowledge of this section, and the amount of funds which may be avail-
able for such contract and any contract made or entered into in violation of
the provisions of this section is declared to be null and void, and the same shall
not be enforced, and no demand or claim filed against said county of Lexing-
ton because of any such contract shall be paid. 1935 (39) 410.
This section added by 1935/410.
§ 4597-4. Treasurer keep past due and unpledged taxes in separate fund —
disbursement. — The county treasurer of Lexington County is empowered and
directed to keep all past due and unpledged taxes received during any cur-
rent year in a special fund which shall be used from year to year for the pay-
ment of past indebtedness of Lexington County upon the presentation of
proper vouchers issued by the board of county commissioners for such pur-
pose. 1935 (39) 370.
This section added by 1935/370.
§ 4597-5. Distribution and transportation of prisoners sentenced to chain-
gangs. — The board of county commissioners for Lexington County shall meet
after each term of court in said county and divide the prisoners sentenced,
at said court, as equally as possible among the chaingangs of the county and
such prisoners shall be transported by said board of county commissioners
to such chaingang by the board of county commissioners or the captains of
the respective chaingang under the direction of said commissioners and the
transportation of such prisoners shall not be at any costs to Lexington County.
The sheriff of Lexington County shall only transport such prisoners as are
sentenced in Lexington County who shall be confined in the state penitentiary
and should said sheriff transport any prisoners to any chaingang of the county,
he shall not be allowed any compensation therefor. 1935 (39) 381.
This section added by 1935/381.
§ 4597-6. Forfeited land commission revolving fund. — There is hereby cre-
ated a forfeited land commission revolving fund in Lexington County in the
sum of five hundred ($500.00) dollars. There shall be set aside by the treas-
urer of Lexington County the said sum of five hundred ($500.00) dollars, from
any funds available, and designated as the forfeited land commission fund.
Such fund shall be subject to withdrawal by the forfeited land commission
upon proper voucher for the purpose of paying expenses incident to the ad-
vertising and sale of real estate owned by said forfeited land commission as
the result of purchases at delinquent tax sales, and such vouchers when signed
by all of the forfeited land commissioners shall be honored and paid by the
county treasurer. The forfeited land commission shall, from time to time, re-
place the funds expended under the provisions hereof from the proceeds of
the sales of lands, to the end that there may be kept in said fund a sufficient
amount of money, not to exceed the original five hundred ($500.00) dollars,
to defray all necessary expenses incident to the advertising and sale of such
lands. 1936 (39) 1586.'
This section added by 1936/15S6.
Marlboro County
§ 4619. Supervisor — election — term — salary — bond.
See this section in 1934 Supplement.
185 Code of Laws of South Carolina § 4644-2
§ 4620. Highway commissioners — appointment — term — salary.
See this section in 1934 Supplement.
§ 4621. Appointment of highway commissioners — term. — Repealed by 1933
Acts, page 347.
§ 4622. Fiscal year. — The fiscal year of Marlboro County shall begin on
July 1 of each year and end on June 30 of the following calendar year. 1935
(39) 416.
§ 4622, 1932 Code, repealed by 1933/347. Present section comes from 1935/416.
§ 4636-1. Annual audit, Bamberg and Marlboro Counties.
See this section in 1934 Supplement.
McCormick County
§ 4643. Issuance and payment of school claims.
See this section in 1934 Supplement.
§ 4644-1. Bonds of officers. — The official bond of the several county officers
of McCormick County shall be in the sums hereinafter stated for each :
County treasurer $10,000.00
County auditor 2,500.00
County superintendent of education , 2,500.00
Clerk of court 2,500.00
County supervisor 5,000.00
Sheriff 2,500.00
Master 5,000.00
Tax collector 5,000.00
Magistrates (each) 500.00
No bond shall be required of the coroner. The premiums on all such bonds
shall be paid for by the county of McCormick. 1935 (39) 131.
This section added by 1935/131.
§ 4644-2. Clerk of court. — (1) Compensation. — From and after the expi-
ration of the present term of office of the clerk of court for McCormick County
in January, 1937, the salary of the clerk of court of said county shall be
twelve hundred ($1200.00) dollars per year, payable in equal monthly in-
stallments of one hundred ($100.00) dollars each, which salary shall be in lieu
of all fees, costs, and charges now collected by the clerk of court and retained
by him as a portion of his compensation.
(2) Collect and Account for Fees.— The clerk of court of McCormick
County shall collect all costs, fees and charges as now provided by law for
such services as he shall render as clerk of court, in advance and before the
filing of any papers or instruments for recordation. He shall keep an accurate
itemized account of all such fees collected, and on or before the tenth day of
each calendar month deliver a copy thereof, duly verified, to the treasurer of
McCormick County and shall, at the same time, pay over to the treasurer all
fees, costs and charges collected by him during the preceding calendar month.
And all such funds as shall be paid to the treasurer shall be placed in the
county ordinary fund to be used as other county ordinary funds are used.
(3) Make Monthly Keport and Settlement to Receive Salary. — Before
the monthly salary of the clerk of court shall be paid, the board of county
commissioners shall ascertain from the treasurer of McCormick County if the
monthly report provided for herein has been filed and the fees paid over for
the preceding calendar month, as provided for in this section. And no salary
§ 4644-2 1936 Supplement 186
shall be paid to the clerk of court for any month unless such statement has
been filed and the moneys turned over to the county treasurer for the pre-
ceding calendar month. Copies of each monthly report or statement of the
clerk of court shall be retained by the treasurer of McCormick County and by
the clerk of court, respectively.
(4) Bond Liable for Uncollected Fees. — The official bond of the clerk of
court shall be liable for any loss sustained by McCormick County because of
the failure of the clerk of court to collect and pay over the fees, costs and
charges pursuant to the provisions of this section. 1936 (39) 1449.
This section added by 1936/1449.
Newberry County
§ 4651-1. Further duties of supervisor.
See this section in 1934 Supplement.
§ 4666. Bonds of officers.
See this section in 1934 Supplement.
§ 4667. Certain officers receive salaries in lieu of fees. — All officers of New-
berry County shall be placed on a salary basis and any and all fees collected
by any officer of Newberry County shall be turned over to the treasurer of
Newberry County and by him to be placed in such fund or funds as he shall
be directed so to do by the legislative delegation. The salaries of all officers of
Newberry County shall be fixed bj r the legislative delegation and the salaries
so fixed shall be in lieu of all fees which any officer may now receive under
existing law, except such fees and commissions as may be allowed from year
to year in the county supply bill. Provided, that magistrates in Newberry
County shall be excluded from the provisions hereof, and shall retain all civil
fees collected. 1934 (38) 1197; 1935 (39) 130.
§ 4667, 1932 Code, superseded by 1934/1197, 1935/130. Present section comes from said act.
§ 4669. Supervisor — salary — election — term.
See this section in 1934 Supplement.
§ 4670. Board of county commissioners — members — election.
See this section in 1934 Supplement.
§ 4671. Road districts. — For the purpose of electing the two commissioners,
the county shall be divided into two road districts, which shall be designated
as road district number one and road district number two. Road district num-
ber one shall consist of the following townships : township number one, town-
ship number two, township number three, township number four, township
number five, and township number six, township number seven. Road district
number two shall consist of the following townships : township number eight,
township number nine, township number ten, township number eleven, and
township number twelve. 1934 (38) 1425; 1936 (39) 1433.
§ 4684-1. Newberry County park commission. — There is hereby created a
body corporate to be known as the Newberry County park commission. The
commission shall be charged with the care, management, control and develop-
ment of the property heretofore acquired by the city and county of Newberry
for a county park and other purposes. The commission shall be composed of
five members, two of whom shall be elected by the city council of Newberry,
two by the county delegation of Newberry County and one by the other four so
elected ; the said members shall serve for periods of two, four and six years to
be decided by lot between them ; and the said commission shall report annually
187 Code of Laws of South Carolina § 4723-1
to the city council of Newberry and to the county commissioners of Newberry
County. 1936 (39) 1410.
§ 4684-1, 1934 Supplement, superseded by This section added by 1936/1410.
1934/1197, 1935/130. (See § 4667 hereof.)
§ 4684-2. Sinking fund commission may sell real estate now held by it to
former owners — terms.
See this section in 1934 Supplement.
Oconee County
§ 4689. Compensation and bonds of certain officers. — (a) The salaries of
officers of Oconee County not otherwise provided by law shall be as follows:
comptroller $2,400.00; clerk to comptroller $900.00; supervisor $1,800.00; clerk
of court $3,400.00 ; superintendent of education, sheriff, deputy sheriff and
rural police each $1,500.00; probate judge and master in equity each $1,200.00;
board of advisors to the supervisor each $100.00 ; steward of the county farm
$600.00 ; coroner $200.00. Provided, that the salary herein fixed for the clerk
of court shall include the salaries of all deputy clerks and clerical help and the
clerk of court is hereby required to collect and pay to the county treasurer
all costs and fees due his office by the tenth (10th) of each ensuing month ex-
cept costs in suits where the costs are to be collected from the subject-matter
of the suit.
(b) When not otherwise provided for, the supervisor is authorized and di-
rected to pay the salaries and the bond premiums or any part of them of any
county official from the contingent fund, or if that be not sufficient, the county
auditor is empowered and directed to levy an annual tax on property suf-
ficient to pay the same and the revenues therefrom are hereby appropriated
to that purpose.
(c) The following officers shall be bonded as follows: comptroller and treas-
urer, each $40,000.00, supervisor, $15,000.00, superintendent of education and
sheriff, each $15,000.00. 1936 (39) 1625.
§ 4692. Road tax.
See this section in 1934 Supplement.
§ 4693. Method of collection. — Repealed by 1933 Acts, page 22.
§ 4694. Comptroller.
See this section in 1934 Supplement.
Orangeburg County
§ 4695. Highway commission created — county divided into road districts.
See this section in 1934 Supplement.
§ 4696. Commissioners — election — term — removal — vacancies — powers.
See this section in 1934 Supplement.
§ 4699. Duties and powers of commissioners — director of maintenance —
vouchers.
See this section in 1934 Supplement.
§ 4723-1. Treasurer, auditor, clerk of court, probate judge, and sheriff re-
ceive salaries in lieu of fees — clerical help and assistance. — (1) Designate
Salaries Annually and Clerical Help. — In lieu of the retention of all fees,
costs and charges, and of any and all sums heretofore or now paid the treas-
urer, auditor, clerk of court, judge of probate, and sheriff of Orangeburg
County on account of compensation or otherwise, the said officers of said
§ 4723-1 1936 Supplement 188
county, shall be paid such salaries as may be prescribed by the General As-
sembly and annually appropriated by it for such purpose, and shall have such
clerical or other assistance as may be so provided.
(2) Collect Fees and Pay to County Treasurer. — The said county of-
ficers shall separately keep in duplicate accurate and completely itemized ac-
counts of all fees collected, which shall in all cases (other than judicial sales),
be collected, in cash in advance, except that reasonable credit terms may be ex-
tended to the government of the United States, the state of South Carolina, and
any department or subdivision of either and on or before the tenth day of each
calendar month they shall deliver one copy sworn to by said officers, re-
spectively, to the treasurer of said county together with payment to said treas-
urer in full of all fees, costs and charges, collected during the preceding
calendar month ; provided, further, that the official bonds of such officers shall
be responsible for any failure to collect and pay the same to the treasurer.
(3) File Monthly Statement of Fees to Eeceive Salary. — Upon the fil-
ing of such sworn, itemized statement and it appearing correct in form to the
said treasurer and payment of the sum thereby shown to be due having been
made, the treasurer shall certify to the county board of commissioners that
such officer has complied with the provisions of this section and until receipt
of such certificate the said board shall not pay to any county officer affected
hereby his salary for the preceding month.
(4) Forms for Accounts, Statements, Etc. — Public Record. — The forms
for the account and statement and the certificate hereby required may be
prescribed and furnished by the Orangeburg County highway commission, and
each officer required to keep and submit such shall retain one copy of each
monthly statement as a permanent public record of his office, and the treas-
urer shall likewise preserve as a permanent and public record of his office the
sworn monthly statement submitted to him by each officer, the same to be filed
in an orderly manner and readily accessible.
(5) Penalty. — Violation of any of the provisions of this section by any of-
ficer of Orangeburg County shall be deemed to be a misfeasance in office and
ground for removal therefrom and shall be a misdemeanor and upon conviction
thereof any officer so convicted shall be subject to a fine not exceeding five
hundred ($500.00) dollars or imprisonment for not exceeding one (1) year, or
both, in the discretion of the court. 1935 (39) 254.
This section added by 1935/254.
§ 4723-2. Expense allowance of sheriff on official business outside of the
county.
See this section in 1934 Supplement.
§ 4723-3. County may issue certificates of indebtedness for county ex-
penses.
See this section in 1934 Supplement.
§ 4723-4. Forfeited land redemption board. — (1) Personnel, — Vacancies —
Meetings — Compensations. — There is hereby created for Orangeburg County
a forfeited land redemption board composed of the auditor, the delinquent
tax collector by virtue of their offices, and Watt E. Smith, J. W. Williamson,
and J. M. Russell whose duties shall be as hereinafter prescribed. The de-
linquent tax collector shall be chairman of the board and shall call meetings
of the board as often as its duties demand. In case of the failure of any of
the above named members to serve or in case of any subsequent vacancy new
appointments to the board may be made by the tax collector upon recommenda-
189 Code of Laws of South Carolina § 4723-4
tion of the senator and a majority of the representatives from Orangeburg
County. Each board member, except the ex officio members, shall be paid three
(3) dollars per day of actual service and mileage to the county seat and re-
turning home at the rate of five (5) cents a mile.
(2) Appraiser. — The said board is authorized and empowered to appoint an
appraiser for the lands sold for delinquent taxes and bid in and, at the date
of the filing of the application hereinafter provided for, owned by the for-
feited land commission of the county and which are bringing no revenue to
the county. The said appraiser shall hold his office or position at the will of the
board and shall receive such compensation as is hereinafter allowed or pro-
vided for.
(3) Procedure Eedeem Tax Lands when Value Deemed Less than Taxes
and Costs. — Any party interested in such lands, either by himself or in con-
junction with others, as owner, desiring to redeem the same or any portion or
parcel thereof and deeming the same to be of less value than the taxes, costs,
fees and penalties due thereon, may file an application with the delinquent tax
collector of Orangeburg County within six months after the approval of this
section, which shall set forth the interest of the applicant, and that of others,
if any, the location of the property with respect to school districts, its quantity,
if farming or wooded lands, expressed in acres, and if city or town property,
expressed in feet measurement, its boundaries, the amount of taxes due thereon,
the date of sale, his estimate of the value of the property, the nature of im-
provements thereon and any other information which in the opinion of the
party filing the application, will tend to reflect the true condition and value
of the property, and the amount that he is willing to pay to redeem the said
property. Upon the filing of such application with the delinquent tax collector,
if the same be not filed in duplicate, he shall make a copy thereof and turn the
copy over to the appraiser, who shall inspect the property and report to the
board his conclusions upon the merits of the application, and if in his opinion
an abatement or reduction should be allowed, recommend the amount thereof.
Upon consideration of the application and of the report of the appraiser, if
the board be of the opinion that it would be to the best interest of the county
to allow an abatement or reduction in taxes, costs, fees and penalties and the
property restored to the class of tax producing property it is authorized to do
so, and the taxes, costs, fees and penalties upon the said property shall be the
amount shown by the tax books less the amount of abatement or reduction as
fixed in the finding and order of the board. The amount so fixed to be due
shall be payable in cash provided that the said board may allow one-fourth
of the said amount to be paid in cash and the balance to be paid in three annual
installments, with interest thereon until paid at the rate of six (6) per cent
per annum ; Provided, that no abatement or reduction as authorized herein shall
affect the state's portion of any such tax.
(4) Compensation of Appraiser — Forms. — The compensation and expenses
of the appraiser shall be fixed by the board and shall be based upon the actual
number of days required in the performance of his duties hereunder and the
actual number of miles traveled in reviewing the property and his work shall
be so planned by the board as to provide that he inspect as many pieces of
property in the same community on one trip as practicable. A copy of the
agreement under which any appraiser appointed hereunder is to serve shall be
filed with the Orangeburg County highway commission and his claim for serv-
§ 4723-4 1936 Supplement 190
ices and expenses shall be filed with the said commission and before the same
is filed shall be approved by the board created under this section. It shall be
the duty of the board to provide for the performance of duties of the appraiser
in as economic manner as possible. The board may provide such forms for use
of applicants, reports of the appraiser and for their findings and orders as in
its judgment will contribute most effectively to the ends sought by this section.
The costs thereof shall be paid by the Orangeburg County highway commis-
sion out of the contingent fund on claims therefor of the appraiser, approved
by the board filed with the said commission.
(5) Lands Exempted. — The provisions of this section shall not apply to land
taken in by the county at tax sales where the former owner, or owners has
made an agreement with the delinquent tax collector to rent the land at a price
which pays to the county a sum equivalent to current annual taxes and a sub-
stantial installment on the delinquent taxes for which the land was sold so that
when said taxes have been paid in full the former owner may regain owner-
ship of his land. 1936 (39) 1701.
This section added by 1936/1701.
§ 4723-5. Annual appropriation for hospitalization of charity patients —
treatment of charity patients. — There is hereby appropriated annually the sum
of four thousand ($4,000.00) dollars to be used in the hospitalization of charity
patients of Orangeburg County at a rate of not less than one ($1.00) dollar
per day for each such patient. The appropriation herein made shall continue
from year to year until such time as the bonds sold to the public works ad-
ministration for erection of hospital by city of Orangeburg have been fully
paid, but the said county of Orangeburg shall assume no liability for the pay-
ment of said bonds other than the amount of the annual appropriation pro-
vided for herein, which amount shall be paid by services rendered in the hos-
pitalization of such charity patients as are admitted to the said hospital. The
admission of charity patients to said hospital shall be subject to such reason-
able rules and regulations as the county highway commission may, from time
to time, promulgate in regard to the beneficiaries of the fund herein appropri-
ated. 1936 (39) 1790.
This section added by 1936/1790.
Pickens County
§ 4724. Commutation road tax. — All persons within Pickens County who
shall under the law be subject to perform labor upon the public roads within
said county may, in lieu of such labor, pay a commutation tax of one dollar
annually. 1936 (39) 1653.
Tax reduced to $1.00 from $3.00, 1936/1653.
Richland County
§ 4733. County attorney. — (1) Election — Term — Duties. — There shall be
elected from the members of the Richland bar association by the Richland
County board of commissioners, a county attorney for Richland County who
shall serve for a period of two (2) years from the date of his election or until
his successor shall be elected and shall qualify, and his duty shall be to repre-
sent and defend the county of Richland and all of its officers in any of the
courts of this state, or of the United States, to bring all actions and proceed-
ings that may be necessary to enforce payment and collections of any claims
existing in favor of Richland County or of any of its officers, boards or agencies,
191 Code of Laws of South Carolina § 4738-3
and especially to collect all claims and demands that may be due and payable
to the board of trustees of the Columbia Hospital, to advise the supervisor or
board of township commissions for Richland County in all matters wherein
they may seek advice or counsel. The county attorney shall meet with the
legislative delegation of Richland County whenever so requested for the pur-
pose of advising them as to any matters that may properly come before the
said delegation. He shall at all times advise the county legislative delegation, or
the members thereof, in matters pertaining to the proper performance of their
duties as legislators for Richland County.
(2) Employment of Other Attorneys. — It shall be unlawful for any offi-
cer or officers, board, or other agency of said county to employ any other at-
torney than the Richland County attorney in any matter whatsoever, or to
agree to pay any attorney for any service that might be rendered for them
out of any of the public funds of Richland County without the consent of a
majority of the Richland County board of commissioners.
(3) Compensation. — The said county attorney shall receive as compensation
for his services an amount to be fixed yearly by the county delegation, pay-
able in equal monthly installments by the county treasurer out of the county
funds upon warrant of the county supervisor. 1935 (39) 126.
§ 4733, 1932 Code, repealed by 1932/1201. Present section comes from 1935/126.
The said 1932 act repealed by 1935/126.
§ 4737-1. Condemn lands for sewerage disposal plant for U. S. Veterans'
Hospital — procedure.
See this section in 1934 Supplement.
§ 4738-1. Allocation of room in county court house.
See this section in 1934 Supplement.
§ 4738-2. Members of legislative delegation not to serve on certain boards,
etc. — vacancies.
See this section in 1934 Supplement.
§ 4738-3. Officers receive salaries in lieu of fees — clerical help and as-
sistance — costs and fees. — (1) Provide Salaries in Supply Bills. — The an-
nual salary of each of the county officers of Richland County, S. C, shall be as
fixed annually in the supply bill of Richland County, S. C, for each year re-
spectively, Provided, that if such salary be omitted from the said supply bill of
any year, the salary as fixed in the supply bill of the last previous year fixing
such salary shall remain in force and effect.
(2) Pay Fees to County Treasurer. — All fees now prescribed or hereafter
prescribed by law to be paid to said officers shall be paid to the county treasurer.
(3) Clerical Help and Assistance. — That in addition to the salaries pro-
vided for in subsection 1, the county delegation shall, from year to year, pro-
vide for such clerical help and other assistance as to it may seem right and
proper for the conduct of business of the county in the several public offices,
said provisions to be contained in the annual supply bill : Provided, however,
that the public officials of Richland County mentioned in section 1 shall not
in any manner, profit by the moneys paid for clerical help, or other assistance,
which amounts shall be paid only on vouchers properly drawn, which shall be
sworn to by the claimants and passed upon by the county commissioners, as
other claims against the county.
(4) Keep Records of Instruments Acted on and Fees Paid. — Each pub-
lic officer of Richland County shall keep a complete record of every instrument
§ 4738-3 1936 Supplement 192
filed, recorded or acted upon and amount of the fees paid therefor, which shall
be open to inspection by any citizen of Eichland County at any time.
(5) Costs and Fees.— Any litigant in the courts of common pleas, general
sessions, or county court of Richland County shall not be required to pay any fee
for the filing of the necessary papers in the office of the clerk of court and that
all costs shall await the final outcome of the action and shall be taxed against
the losing party and that upon said taxation being had, all costs properly taxable
shall be taxed in accordance with law: Provided, however, that no judgment
shall be entered by the clerk of court for Richland County until the costs then
accrued have been paid and a certificate furnished by the treasurer as to the
payment of said costs : Provided, further, that in the case of attachments the
clerk shall not sign the warrant for the same until the costs have been paid and,
Provided, further, that where complaint has been filed, upon settlement of said
case a certificate of the treasurer that the costs have been paid shall be neces-
sary before said settlement shall be valid.
(a) The following schedule of fees is the amount of costs authorized to be
taxed and collected in the county of Richland and no costs shall be taxed ex-
cept in conformity with the provisions of the following schedule: Provided,
hoivever, where any fee is omitted from the schedule, in that case the fees pro-
vided by the statute law of South Carolina shall govern ;
Fees and commissions of clerk op circuit court :
Special order for bail .50. Signing and sealing each renewal of execution .25.
Entering satisfaction on judgment .25. Taking security for costs, entering or-
der thereon if made .50. Recording decrees, (except foreclosure), partitions
and reports, if any, per copy sheet of ninety words .09. Signing and sealing
commission to examining witness 1.00. Examining each witness de bene esse
1.00. Exemplification of proceedings or other office copy per copy sheet of ninety
words .09. Recording plot of land under order of the court or copying the same
1.00. Rule survey .50. Issuing writ of attachment for contempt or other special
writ 1.00. Signing and sealing writ of hab. fac. possessionem 1.00. Receiving
and paying over money officially: two (2%) per cent, if under three hundred
($300.00) dollars one (1%) per cent, for the balance 1.00. Every appeal from
magistrate, all services included, except for issuing execution therein 1.00.
Filing petition and signing writ de lunatico inquirendo 1.00. Furnishing ad-
vertisements in cases of escheat, exclusive of printer's bill 1.00. Recording whole
proceedings therein 2.00. Filing and entering notice of alien's intention to be-
come a citizen 1.00. Filing and recording a report of a lien 1.00. Administering
oath of intention 1.00. Filing and entering application to become a citizen and
administering oath 2.00. Giving certificates (over seal of office) citizenship 1.00.
Swearing a magistrate or constable in office, taking constable's bonds, and giv-
ing certificates thereof 1.00. Signing and sealing dedimus potestatum 1.00. Of-
ficial certificate to exemplification of record 1.00. Each day engaged in holding
references 3.00. Hearing application for discharge of insolvent debtors 2.00.
Hearing same when litigated 4.00. Making up and returning report on refer-
ence, but no more than one report in each case 3.00. Mortgages, real estate, with
or without dower, or other instruments securing payment of money 2.00. Deeds
of conveyance, with or without dower 1.50. Chattel mortgages securing less
than $100.00 index .15. Chattel mortgages securing over $100.00 $1.00.
(Provided, that if any of the above original instruments, to-wit: Mortgages,
deeds or chattel mortgages exceed five pages in length, then there shall be an
193 Code of Laws of South Carolina § 4738-3
additional charge of fifty cents per page for recording such excess, Provided,
further, that the fee for recording any mortgage of personal property made to
any corporation organized under the act of Congress known as the Farm Credit
Act of 1933, a regional agricultural credit corporation, a federal intermediate
credit bank or any other corporation which rediscounts notes or other obligations
with or procures loans from a federal intermediate credit bank, the reconstruc-
tion finance corporation or the government of the United States or any depart-
ment, agency, instrumentality or officer thereof, shall be seventy-five (75c)
cents.)
Official notice of estray and filing papers 1.00. Recording and copying deeds
or other papers per copy sheet of ninety words .09. Entering satisfaction on
mortgage .25. Recording or copying plats or not more than two (2) square
feet in size, one ($1.00) dollar. For each additional square foot, or fraction
thereof, fifty (50e) cents. Enrolling and recording transcript of judgments from
magistrates' courts, and issuing execution thereon 1.00. Recording assignment
of mortgages, judgments or other instrument creating a lien .25. Recording
release of lien of judgment or mortgage or other instruments .25. Issuing writ
of attachment in civil action, including costs due sheriff's fees 5.00. Entering de-
fault judgment, including issuance of execution 2.00. Certificates of removal to
federal court and certifying record 5.00. Certifying transcript of record on ap-
peal to supreme court 5.00. Costs for each jury trial in court of common pleas
9.00. Costs for each jury trial in the county court 6.00. Costs in the court of
common pleas and County Court to be paid before entry of judgment.
All costs to be paid the clerk of court for foreclosure of real estate mortgages
and partitions shall be $10.00, same to be paid before entry of order of judg-
ment and sale : Provided, if the property sells for less than $1,000.00, the above
costs for partition and foreclosure shall be one-half.
All costs for settled cases to be paid before final order 2.00. Registry of no-
tary public 1.00.
Master's fees:
Every day spent in the business of a reference 3.00. Making and filing reports
in a case 3.00. He shall be allowed commissions for moneys passing through his
hands by sale or otherwise, 1/2 of 1%. Each appointment of guardian ad litem
1.00. Making and certifying, upon proper application to him, any order which
the master is authorized to grant 1.00. Taking, transcribing, and filing any
bond of guardian, receiver, or trustee, or any other injunction or ne exeat bond
3.00. Examining and auditing accounts of guardian, receivers or trustees 1.00.
Granting commissions to take testimony of witnesses or answers of absent de-
fendants 1.00. Every deed or mortgage prepared or executed by him 3.00.
Proceedings on petition for homestead 5.00.
In partition cases where the property sells for less than $1,000.00 and in cases
of foreclosure where the amount demanded is less than $1,000.00 only one-half
(1/2) of the fees shall be charged by the master.
Judge of probate fees:
Citation .50. Qualifying executor, administrator or guardian issuing letters
to either and recording such letters 2.50. Taking bonds from administrator or
guardian and recording same 1.50. Issuing warrant of appraisement certificate
1.00. Proving a will in common form and filing and certifying the same 1.00.
Recording will probate and certificate, per copy sheet of ninety words .09.
Proving a will in solemn form and filing and certifying the same 5.00. Filing
§ 4738-3 1936 Supplement 194
and entering renunciation of executor .50. Dedimus postetatum to prove will or
qualify an executor 1.00. Recording each inventory and appraisement of an
account of sales, each figure counting for one word, per copy sheet of ninety
words .09. Receiving, examining and filing the annual or final accounts of
each administrator, executor, or guardian, for first year 3.00. Each succeeding
year 1.00. Recording said accounts, per copy sheet of ninety words .09. Hear-
ing and filing petition for sale of personal estate and order 1.00. Hearing and
filing petition for guardianship and appointment of guardian and guardian
ad litem 1.00. Entering a caveat or withdrawing same .50. Hearing every
litigated case, for each day engaged, and not to exceed $12.00 in any one case
3.00. Swearing and examining each witness .15. Certifying copy of any paper
on file in his office .50. Copying such paper, per copy sheet of ninety words .09.
Every rule issued against defaulting witness or party failing to account 2.00.
Every attachment issued on the return of such rule 1.00. Furnishing and cer-
tifying copy of proceedings in case of appeal 3.00. Every search .15. Every
certificate not hereinbefore specified .25. Hearing petition to sell real estate in
aid of assets and granting order therefor 2.00. Taking administrator's or ex-
ecutor's bond, in each case and recording same 1.50. Final discharge of exec-
utor, administrator or guardian and recording same 2.50. Proceedings in dower,
inclusive of all charges, where the amount is under two hundred ($200.00) dol-
lars 5.00. When over that amount 10.00. Proceedings in lunacy 10.00.
Provided, where proceedings in lunacy are only had by certificate of physi-
cian 3.00. Proceedings and services setting off homesteads, including titles 5.00.
Provided, that in estates where the value of the estate is $500.00, or less, the
costs to be paid shall be one-half (1/2) of the costs herein provided for.
Receiving and paying over money officially two (2%) per cent, if under
$300.00; if over that sum two (2%) per cent, on the first $300.00, and one
(1%) per cent, for the balance.
Provided, further, that in estates of less than five hundred ($500.00) dollars,
no publication for any purpose shall be required to be inserted in any news-
paper, but in lieu thereof notices to be posted at the court house door, which
shall have the same force and effect as if published.
Provided further, that when the fees above set forth, as fixed for the judge of
probate, do not cover an item the charge for such item shall be the same as that
provided in the schedule of fees of other county officers, with limitations, how-
ever, as hereinabove set forth.
In case of rule to show cause against defaulting fiduciary costs are not neces-
sary to be paid in advance. The judge of probate shall not be required to collect
in advance any costs for the purpose of issuing any necessary rule against de-
faulting fiduciary.
Issuing marriage license 1.00. Issuing certified copy of marriage license .25.
Commissions as public guardian same as allowed general guardian. Entering
land devised 1.00.
Sheriff's fees:
Entering every writ, summons process, execution, or other paper in writ or
execution book, and making endorsements thereon .25. Serving every writ, sum-
mons, notice or rule, not otherwise herein specified, besides mileage 1.00. Mileage
from court house to defendant or witness' residence, or place where found, go-
ing and returning each way, per mile .05.
195 Code of Laws of South Carolina § 4738-3
Provided, said sheriff shall charge mileage for only the actual number of
miles traveled by himself or deputy and in case more than one party or witness
in the same case or parties or witnesses in different cases are served on one trip
the mileage fee herein provided shall be prorated and charged according to the
number of parties served.
Conveying lunatics to the asylum, per day and actual necessary expenses
2.00.
Provided, the sheriff may, in extreme cases call not more than two constables
and be allowed therefor one dollar per day and actual expenses.
Serving subpoena writ, and mileage on each ticket .50. Search for persons or
goods not found and return on the execution of non est inventum or nulla bona
.50. Each execution returned to clerk's office on schedule .25. Levying executions
or attachments, besides mileage 1.00. Bringing up prisoner under habeas cor-
pus, to be paid by prisoner if able, if not, by the county, besides mileage and
necessary expenses 1.00. Commissions on all moneys collected by him, if under
three hundred ($300.00) dollars, two (2%) per cent; if over that sum, two
(2%) per cent for the first three hundred ($300.00) dollars and one (1%) per
cent for the balance, and one-half of one per cent on all sums paid to plaintiff
his agent or attorney on execution lodged with the sheriff.
Execution lodged to bind, with order not to levy .50. Advertising defendant's
property, in addition to printer's bill 1.00. Drawing and executing a deed of
conveyance or taking a mortgage 2.00. Drawing and executing each bill of
sale, when required by purchaser 2.00. No sheriff shall charge more than one
bill of sale for property bought at the same sale by the same party.
For executing a writ of habere facias possessionem, besides mileage $1.00.
Transferring money bonds or other securities for money to party, one-half of
one (1%) per cent.
For selling land under decree of court, in lieu of commissions and all other
charges, except for advertising 2.00. Summoning freeholders to try suggestions
of fraud 5.00. Every fine paid before levy .50. Every fine paid after levy and
before sale 1.00. The service and execution of papers issued by a magistrate,
the sheriff, or his deputy serving or executing the same shall be allowed the
same fees as are allowed the constables.
(6) Payment of Certain Probate Costs. — Any person who desires to act as
administrator of a decedent's estate for the purpose of bringing any s'uit for any
cause shall not be required to pay the probate costs : Provided, such person shall
make an affidavit, duly sworn to, that he is unable to pay the costs, which affida-
vit shall be approved by the treasurer of Richland County, and this will entitle
the probate judge to issue the papers without costs : Provided, that this shall not
include the waiving of the payment of any money for necessary advertising or
necessary expenditure on the part of the probate court : Provided, further, that
upon said case being settled that the party who shall make the affidavit shall
agree under oath to pay to the judge such costs as may be due first out of any
settlement and before any distribution thereof is made.
(7) Recording, Etc. of Papers for Charitable Organizations and Vet-
erans. — The clerk of court and judge of probate for Richland County shall
have authority, upon it being certified to him in writing that any paper is to
be recorded for any charitable organization to waive the fees, upon the same
being approved by the treasurer and, further, shall have the authority to record
all honorable discharges for war veterans without costs and without waiver by
the treasurer. The judge of probate for Richland County shall have authority,
§ 4738-3 1936 Supplement 196
upon it being certified to him in writing that any paper in his office is to be
copied or certified for any charitable organization, to waive the fees, upon the
same being approved by the treasurer.
(8) Record State and County Papers without Costs. — The clerk of court
for Richland County shall have the authority to record all papers for the state
of South Carolina and the county of Richland or any school district, state or
county, governmental agency, or department of the county of Richland, without
costs : Provided, said papers show upon their face that the same is one of the
ones named in this section.
(9) Fees Earned prior to April 1, 1932. — Nothing contained in this section
shall prevent any officer or officers of Richland County from receiving the fees
which he has earned prior to April 1, 1932, but they are hereby expressly de-
clared entitled to receive same : Provided, that the treasurer of Richland County
is hereby expressly declared entitled to receive all fees which he would have
earned prior to April 1, 1932, except for the extension of the time for the pay-
ment of taxes by the comptroller general of the state of South Carolina: Pro-
vided, further, that all such fees collected after April 1, 1932, shall be paid to
the county treasurer as other fees and disbursed as herein provided. The treas-
urer of Richland County is hereby authorized and directed to pay to the officer
or officers entitled to receive such fees referred to in section nine hereof, upon
proper claim filed therefor when such fees are collected.
(10) Criminal Process. — Nothing in this section shall be deemed, held or
construed to apply to criminal process or cases.
(11) Penalty. — Any official violating any of the terms, conditions or pro-
visions of this section shall be guilty of a misdemeanor and upon conviction shall
be subject to a fine of not more than five hundred ($500.00) dollars, or im-
prisonment for not more than twelve (12) months, either or both, in the dis-
cretion of the court, and shall be immediately removed from office by the Gov-
ernor. 1936 (39) 1755.
This section added by 1936/1755.
Spartanburg County
§ 4755. County board — term — duties — powers.
See this .section in 1934 Supplement.
§ 4756-1. County board may borrow in anticipation of tax collections.
See this section in 1934 Supplement.
§ 4757. County board install and operate system of accounts — receipts and
disbursements. — The county board of Spartanburg County is hereby author-
ized and empowered to install and supervise and direct the maintenance and
operation of a system of accounts so as to provide for the county of Spartan-
burg a proper control and coordination of the financial affairs of Spartanburg
County. All receipts and disbursements by officers and employees of the county
of Spartanburg shall be received, disbursed and accounted for in accordance
with the system of accounts installed by the county board of Spartanburg Coun-
ty, and records of the same made in accordance with the requirements of said
system of accounts. 1935 (39) 65.
Section 4757, 1932 Code, repealed by 1934/1557. Present section comes from 1935/65.
§ 4758. Powers and duties. — Repealed by 1934 acts, page 1557.
§ 4760. Township road supervisors to expend fund. — Repealed by 1934
Acts, page 1557.
BMWnHIB
197 Code of Laws of South Carolina § 4778
§ 4761. Supervisor. — * * * (2) Election — Salary — Term — * * * Pro-
vided, that beginning January 1, 1937, the term of office of the supervisor of
Spartanburg County shall be four (4) years. 1936 (39) 1435.
(10) Manage Convicts and Chain Gangs. — The county supervisor shall have
the control and management of all convict labor and of the chaingangs of the
county. The number of chain gangs in Spartanburg County shall be in the dis-
cretion of the supervisor. 1935 (39) 148; 1936 (39) 1435.
Proviso added to subsection (2) as it Supplement amended by 1935/14S to be as
appears in 1934 Supplement by 193G/1435. above stated.
Subsection (10) as it appears in 1934 See this section, 1934 Supplement.
§ 4762. General hospital — supervision — supplies.
See this section in 1934 Supplement.
§ 4763. Attorney — election— duties — pay — term.
See this section in 1934 Supplement.
§ 4764. Contracts — parties.
See this section in 1934 Supplement.
§ 4765. Quarterly report — grand jury to examine. — Repealed by 1933 Acts,
•page 39 d.
§ 4766. Purpose of article — order of work. — Repealed by 1933 Acts, page
394.
§ 4767. Location and relocation of roads — power of condemnation. — Re-
pealed by 1933 Acts, page 394.
§ 4768. May have work done by contract or chain gang or hired labor. —
Repealed by 1933 Acts, peige 394.
§ 4769. Supervisor to maintain roads, bridges, etc. — Repealed by 1933 Acts,
page 394.
§ 4778. Sinking fund commission. — (1) Created — Members. — There is
hereby created a sinking fund commission for Spartanburg County composed of
the following ex-officio members; the superintendent of education who shall act
as secretary and custodian of bonds ; the county treasurer, and one member of
the county board of Spartanburg, the last named member to be designated by
the said county board. The above sinking fund ' commission shall elect their
chairman every two years from April 20, 1935.
(2) Buy Bonds for School Districts — Investments. — Upon the written re-
quest of a majority of the trustees of any school district to buy bonds for the
sinking fund of the respective district, the sinking fund commission, in com-
pliance with such request and in accordance with the provisions of section 3884
shall purchase such bonds available at prices and in issues deemed proper by
the said sinking fund commission, Provided, such bonds shall be purchased at
no more than market price as determined by quotations from two or more brok-
ers, and. Provided, further, that the said sinking fund commission is not re-
quired to advertise for offers of bonds unless it is considered by said commission
that such action is necessary to obtain a better price. The said sinking fund com-
mission is directed to invest sinking funds, first, in the bonds of the district
issuing same if such are offered, and, if not, then in the bonds of the county of
Spartanburg. The said sinking fund commission shall make ample provision for
the custody and safe-keeping of the bonds, collect the maturing coupons and
bonds now held and to be purchased through the process necessary. In no case
shall any bond be used, hypothecated or disposed of except as provided for in
section 3884 above referred to, and the sinking fund of each school district shall
§ 4778 1936 Supplement 198
be kept separate and distinct and the sinking fund of each district shall be
kept intact in cash or bonds or both for the purpose as now provided by law.
(3) Application. — The above subsections are applicable to all school districts
of Spartanburg County with the exception of the city of Spartanburg, district
No. 34. 1935 (39) 232.
This section should be compared with § 4778, 1932 Code.
§ 4779. Property exempt from taxes.— (1) Yarborough Chapel. — Certain
real estate situate in Cross Anchor township, county of Spartanburg, containing
and being approximately one hundred and sixty-four (164) acres, held in trust
by trustees for the use and benefit of the church at Yarborough Chapel and for
burying purposes be hereby relieved from the payment of any delinquent coun-
ty, township and/or school district taxes now assessed against them and said
property shall hereafter be exempt from any county, township or school dis-
trict taxes. 1936 (39) 1793.
§ 4779, 1932 Code, repealed by 1932/13S0. Subsection 1 hereof comes from 1936/1793.
§ 4779-1. Special auditor.
See this section in 1934 Supplement.
§ 4780. Annual audit of the affairs.— Repealed by 1932 Acts, page 1385.
§ 4781-1. Bond issues by county, or any political sub-division thereof,
must be approved by qualified electors.
See this section in 1934 Supplement.
Sumter County
§ 4783. Board of commissioners — number — how appointed, etc.
See this section in 1934 Supplement.
§ 4784. Investment of sinking funds.—* * *(1) Provided, that said funds
or other funds applicable for such purpose shall be on written direction of the
legislative delegation, or a majority thereof, loaned to the several school dis-
tricts of the county to relieve the present deficit of such school districts, at a
rate of four (4%) per cent, interest per annum, the notes of such school districts
to be taken evidencing the indebtedness due thereunder, and if such loan be so
made, the auditor and treasurer shall provide by levy a sufficient tax on such
school districts to retire the same at the time of the maturity of such notes:
Provided, further, that the county may borrow such sum as may be needed from
said funds at the same rate of interest for its ordinary expenses, pledging the 1
current year's taxes for the repayment of such loan. (2) Provided, that the
said county board of commissioners are hereby authorized and empowered, if
necessary to meet payments on the bonded debt of Sumter County, or the in-
terest thereon, to borrow such sum or sums as may be necessary to meet such
payment or payments (in lieu of selling any of the securities purchased under
the authority of this section) pledging as security for such loan or loans any or
all of said bonds or securities purchased by authority of this section. 1932 (37)
1407; 1933 (38) 263; 1936 (39) 1465.
(2) Interest Charge on Loans to School Districts. — The rate of interest!
to be charged by the sinking fund commission of Sumter County on loans made
to the various school districts in said county shall be four (4%) per cent, per
annum. This rate shall apply to existing loans as well as loans to be made in
the future. 1936 (39) 1465.
Proviso 1 added by 1932/1407. The last by said act. Proviso 2 added by 1933/263.
sentence of this section, 1932 Code omitted Subsection 2 added by 1936/1465.
§ 4784-1. Disposition of surplus sinking or special funds. — In the county
of Sumter when any surplus appears in any sinking fund or any special fund,
199 Code of Laws of South Carolina § 4873-1
after the obligation or obligations for the payment of which such funds were
created have been met and paid, whether the same be any sinking fund for
county purposes or any subdivision thereof, including school districts of said
county, the county treasurer of Sumter county is hereby authorized and di-
rected to place such surplus, in the case of county funds to the credit of the
county ordinary, and in the case of any school district, to the general fund
of such district to which such fund belongs. 1935 (39) 62.
This section added by 1935/62.
§ 4789. Powers of county board of commissioners.
See this section in 1934 Supplement.
§ 4806. Road tax.
See this section in 1934 Supplement.
§ 4812. Compensation certain county officers. — The following public of-
ficers of or for Sumter County shall be paid a salary in lieu of present salaries
or fees as follows, to-wit: Sheriff $2200.00; county superintendent of educa-
tion $2200.00 ; coroner $660.00 ; clerk of court of common pleas $2640.00. 1935
(39) 68.
Present section superseded this section in 1934 Supplement.
§ 4812-1. Fiscal year.
See this section in 1934 Supplement.
Union County
§ 4814. Powers of supervisor and advisory board.
See this section in 1934 Supplement.
§ 4828. County borrowings — bank deposits of officers.
See this section in 1934 Supplement.
§ 4831. Road tax.
See this section in 1934 Supplement.
§ 4852. How organized.
See this section in 1934 Supplement.
§ 4854. Bond.
For bonds of sinking fund commissioners, see § 4S73-1.
§ 4873-1. Bonds of certain county officers. — The amount of the official
bonds of certain officers in Union County is fixed at the respective amounts
stated below, and before any person shall undertake to discharge the duties of
any of said offices he shall give bond in the sum herein required :
Clerk of court $ 10,000.00
Probate judge and master 15,000.00
Superintendent of education 10,000.00
Sheriff 15,000.00
Clerk to sheriff 5,000.00
Auditor 5,000.00
Treasurer 40,000.00
Clerk to treasurer 5,000.00
[Supervisor 5,000.00
JDeputy sheriffs, each 1,000.00
iCounty bookkeeper 3,000.00
:Constables to magistrates, each 1,000.00
Coroner 1,000.00
Game Warden 1,000.00
Rural policemen, each 1,000.00
§ 4873-1 1936 Supplement 200 ;
Treasurer, sinking fund commission $ 15,000.00
Members of sinking fund commission, each 5,000.00
Magistrate at Union 2,000.00
All other magistrates, each 500.00
1935 (39) 80.
This section added by 1935/SO.
§ 4873-2. Fiscal year. — The fiscal year of Union County shall begin on July
first of each year and end on June thirtieth of the following calendar year. :
1936 (39) 1395.
This section added by 1936/1395.
§ 4873-3. Establish community cannery in each township — operation. —
Power and authority are hereby conferred for the establishment of a community
cannery in each of the several townships of Union County in the following man-
ner: On the first Monday in April, 1936, there shall be held at a central point
in each township to be designated by the farm demonstration agent of Union
County a mass meeting of the farmers of that township for the purpose of
determining whether or not they wish to take advantage of the provisions of,
this section for the establishment of a community cannery in such township.
The meeting shall be organized by the election of a president and secretary and
shall adopt rules for its procedure. If it be determined by a majority vote that
it is desirable to establish a cannery for that community there shall be nomi-
nated a board of directors consisting of five persons who shall be residents of
the township and interested in the promotion and successful operation of the
cannery for the benefit of the entire community, and whose names and addresses
shall be transmitted to the farm demonstration agent and upon receipt thereof,
it shall be the duty of such agent to appoint the nominees as members of the
board of directors of the community cannery in that township and who shall
hold office for a period of two years and until their successors have been elected '■
and appointed as provided herein for the original appointment; and for the
purpose of nominating successors such mass meetings shall be held on the first
Monday in April, 1938, and every two years thereafter in the townships de-
siring the establishment or continuation of community canneries. Vacancies
occurring for any cause shall be filled by appointment by the farm demonstra-
tion agent. The farm demonstration agent, the home demonstration of the coun-
ty and the agricultural teacher in the public school in the township shall be
advisory members of each such board. It shall be the duty of each board to pro-
vide a site and building for the installation and operation of machinery suit-
able for canning agricultural products, vegetables, grains, fruits, and any and
all products suitable for human consumption, in accordance with specifications,
which shall be furnished them by the farm demonstration agent, and all such
sites and buildings shall be approved by said agent. Upon appointment the
board shall meet and designate one of their number as chairman and one as t
secretary-treasurer. The boards shall have power to establish such rules and
regulations as may be necessary for the practical and successful operation of
the respective canneries, including the right to fix such reasonable charges for
the use thereof as it finds absolutely necessary to defray the expenses of ac-
quiring and preserving the site and building, the repair of the machinery and ,
the expense of operating the same. The boards shall also promote such instruc-
tional and advisory measures among the farmers who reside in their township
as are calculated to assist and encourage them in the production and conserva-
tion of foods necessary for them, their families and those dependent upon them, ;
201 Code of Laws of South Carolina § 4907
to the end that each farm in the county may become self-sustaining throughout
the year in so far as such foods are concerned. 1936 (39) 1462.
This section added by 1936/1462.
Williamsburg County
§ 4893-1. Compensation of sheriff, auditor, treasurer, clerk of court, super-
intendent of education, probate judge, and supervisor — collection of fees and
sosts.
See this section in 1934 Supplement. Coy (filed 11-9-36) should be consulted as
Constitutionality: Holt v. Calhoun, 175 to the constitutionality of this section.
S. C, 4S1, 179 S. E., 50 and Salley v. Mc-
York County
§ 4894. Supervisor.
See this section in 1934 Supplement.
§ 4895. County board of commissioners.
See this section in 1934 Supplement.
§ 4896. Commutation road tax.
See this section in 1934 Supplement
§ 4897. Annual levy for maintenance of highways and bridges — use of
same and road tax.
See this section in 1934 Supplement.
§ 4898. Disbursements on issuance of warrants by commissioners.
See this section in 1934 Supplement.
§ 4899. General powers of supervisor and commissioners.
See this section in 1934 Supplement.
§ 4900. Construction of bridges — may award contracts for same — further
luties of supervisor.
See this section in 1934 Supplement.
§ 4901. Opening up, closing or relocating roads — may condemn.
See this section in 1934 Supplement.
§ 4902. Office hours — clerk to keep books — when claims are barred.
See this section in 1934 Supplement.
§ 4903. Clerk to keep account of townships' transactions.
, See this section in 1934 Supplement.
! § 4904. Extent of repeal.
| See this section in 1934 Supplement.
§ 4905. Borrow for road work and pay last indebtedness.
See this section in 1934 Supplement.
§ 4906. Compensation of supervisor, supt. of education, sheriff, probate
udge, treasurer, auditor, coroner and clerk of court.
i See this section in 1934 Supplement. Coy (filed 11-9-36) should be consulted as
Constitutionality: Holt v. Calhoun, 175 to the constitutionality of this section.
■ C, 4S1, 179 S. E., 50 and Salley v. Mc-
■ § 4907. Construction and maintenance of county roads. — While the York
Bounty chaingang is in King's Mountain township, pursuant to act 587, 1929
iLCts, the said chaingang shall be retained in King's Mountain township until the
lompletion of the road from Clover to the Cherokee County line, near Piedmont
springs. AYhile the said chaingang is in King's Mountain township, for the pur-
pose of the completion of the road hereinabove designated, it shall be kept in
King's Mountain township until all of the public or side roads in said township
is shall be approved by a majority of the members of the county board of commis-
sioners and the supervisor shall be worked. After the completion of the work in
§ 4907 1936 Supplement 202
King's Mountain township, as outlined herein, the chaingang shall be moved to
the Adairas Ferry road, beginning at Smyrna, and continuing until the Adairas
Ferry road is finished, and then shall remain in Broad Kiver and York town-
ships until such roads as may be approved by a majority of the members of the
county board of commissioners and the supervisor shall be worked, and con-
tinued until such roads as may be approved by a majority of the members of
the county board of commissioners and the supervisor are worked; and there-
after the county board of commissioners shall build and maintain the county
roads throughout York County as in their discretion may be deemed for the
best interest of all sections of said county : Provided, however, that in cases of
emergency a majority of the county board of commissioners with the supervisor
may at any time transfer from one section of the county to another any portion
of the chaingang as may be necessary to repair the roads and bridges to meet
such emergency. 1935 (39) 248,
§ 4907, 1932 Code, repealed by 1932/1245. Present section comes from 1935/248.
§ 4913. Township highway commissioners. — Repealed by 1932 Acts, page
1245.
§ 4914. Treasurer notify taxpayers of taxes due. — The county treasurer of
York County in the state on or before December 15th of each year, shall notify
the tax payers whose names appear on the tax books, by post card or other
writing at the last known address, the amount of taxes due and when the penal-
ty shall be charged and the amount thereof. 1936 (39) 1587.
§ 4914, 1932 Code, repealed by 1932/1245. Present section comes from 1936/15S7.
§ 4915. Property exempt from taxes.— (1) Old Rose Hotel Property-
Duration. — For the year 1936 and for all subsequent years thereto, or until
the said property is rented for any purposes or sold to any person, partnership,
or corporation, the property known as "Old Rose Hotel property" is hereby
exempted from all county and school district taxes. 1936 (39) 1766.
§ 4915, 1932 Code, repealed by 1932/1245. Present section comes from 1936/1766.
§ 4916. Custodians of public records furnish service officer certified copies
of certain records. — All custodians of public records in York County are here-
by authorized and directed to furnish to the York County Service officer cer-
tified copies of any and all public records of which they are respectively the
custodian, upon request by such service officer, and upon such service officer
stating that such certified copies of said records are needed by veteran of any
war or by dependant of such veteran, in filing a claim with the United States
veterans administration. The furnishing of certified copies of such public rec-
ords set out hereinabove, shall be free of charge. 1935 (39) 407.
§ 4916, 1932 Code, repealed by 1932/1245. Present section comes from 1935/407.
§ 4917. Health nurse, Fort Mill township. — (1) Commission— Appoint-
ment — Terms — Vacancy.— There is hereby created a commission of three (3)
persons, residents of the township of Fort Mill, in York County, South Car-
olina, to be known as health nurse commission, to be now composed of S. W.
Foster, Rev. A. W. Shaw and Mrs. O. T. Culp, who shall serve for a period of
two (2) years from April 29, 1936, by the Governor, after which period their
successors shall be appointed by the Governor upon the recommendation of a
majority of the members of the General Assembly from York County; any
vacancy in said commission, for any cause, shall be filled for the unexpired time
by the remaining members of said commission.
(2) Employ Nurse — Discharge — Prescribe Duties. — It shall be the duty
of said commission to employ a health nurse for the township of Fort Mill and
203 Code of Laws of South Carolina § 4937
prescribe her duties, and to discharge her whenever deemed necessary or proper
by said commission, or a majority thereof.
(3) Tax Levy Provide Funds — Borrow. — In order to provide sufficient
funds to pay the compensation and expenses of said nurse and other expendi-
tures deemed wise by the said commission, or a majority thereof, the county
auditor for York County, South Carolina, is hereby authorized, empowered and
directed to fix and levy a one-half (1/2) mill tax on all of the property in Fort
Mill township, in York County, South Carolina, to be collected by the treasurer
of York County, South Carolina, as all other taxes are collected. Provided, that
the commission herein appointed and their successors are authorized and em-
powered to borrow a sufficient sum to pay the salary of said nurse each year
hereafter, until receipt of funds from said taxes, the amount so borrowed not
to at any time exceed the amount that said millage will amount to, at the best
rate of interest obtainable ; and the said commission, or a majority of them, are
authorized and empowered to pledge, as security for said loan, the amount re-
ceived from said millage.
(4) Use of Surplus. — If the said millage should amount to more than the
amount necessary to pay the salary of said nurse and her expenses, then the
said commission is hereby empowered and authorized to expend the balance in
such manner as they deem right and proper for the relief of the sick and needy.
1936 (39) 1464.
§ 4917, 1932 Code, repealed by 1932/1245. Present section comes from 1936/1464.
§ 4918. Disbursement of funds. — Repealed by 1932 Acts, page 1245.
§ 4919. Operation of trucks in York, Cherokee and Pickens Counties.
Section 1624-1, regulating trucks, etc., connection with this section.
this supplement, should be consulted in
§ 4923. Fees of clerks of court and registers of mesne conveyances for re-
cording papers.
See § 4925 hereof also. Fee, and collection thereof, in Richland
Fee for search in York County abolished, County, § 4738-1.
1933/49.
§ 4924. Other fees and commissions of clerks of court.
See this section in 1934 Supplement.
§ 4925. Fees of clerks in certain counties.
See this section in 1934 Supplement. mortgages, 1936/1345.
Fees for clerk of court and register of Register of mesne conveyances, Charles-
mesne conveyances, Abbeville County. 1935/ ton County, record deeds conveying prop-
45. Compensation of Union County clerk erty to Charleston County, 1935/304.
of court for recording certain deeds and
§ 4927. Recording fees of clerk of court of Beaufort County.
See this section in 1934 Supplement.
§ 4937. Fees of clerk of court, Sumter County.— The fees of the clerk of the
court of Sumter County shall be as now provided by law, except as follows : for
signing and filing order appointing guardian ad litem, twenty-five cents; for
signing and filing order of reference, twenty-five cents; for recording real estate
mortgages of two thousand words or under, one dollar and fifty cents ; for re-
cording like mortgages of more than two thousand words, one dollar and fifty
cents for the first two thousand words, and for additional words at the rate
of ten cents per one hundred words; for recording deeds of real estate, one
dollar, including the auditor's fee of twenty-five cents; for recording agricul-
tural mortgages of one hundred dollars and over, one dollar ; indexing agricul-
tural mortgage under one hundred dollars, thirty cents ; recording chattel mort-
gages over one hundred dollars, fifty cents; indexing chattel of one hundred
§4937 1936 Supplement 204
dollars and less, fifteen cents. All fees collected by the clerk of court shall be paid
to the treasurer of Sumter County and b}' him placed in the general funds of
Sumter County. 1935 (39) 124.
Words in italics added ; and last sentence sentence of this section, 1932 Code, 1035/
of present section substituted for last 124.
§ 4941. Masters.
Fees, and collection thereof, Richland County, § 4738-1.
§ 4942. Costs and fees of judge of probate in certain counties.
Fees and collection thereof, Richland Fee for search in York County
County, § 4738-1. Williamsburg County, abolished, 1933/45 (§ 4906, 1934 Supple-
1934/1340. ment. )
§ 4950. Sheriffs. — * * * Provided, that in Florence county the sheriff shall
receive no fees or expenses for transporting prisoners within the state and shall
only receive actual expenses for transporting prisoners from a point without
the state to a point within the state. 1936 (39) 1416.
The above proviso added to this section; Fees, and collection thereof. Richland
and comma added after the word "may" County, § 4738-1.
line twelve, 1932 Code, 1936/1416.
§ 4951. Fees of sheriffs or jailors for dieting federal prisoners.
See this section in 1934 Supplement.
§ 4958. Fees of physicians for post mortem examinations.
See this section in 1934 Supplement.
§ 4964. Witness fees in criminal cases.
See this section in 1934 Supplement.
§ 4976. Counties to aid in support of Carolina Orphan Home.
See this section in 1934 Supplement.
§ 4988. Additional pensions for Confederate veterans.
See this section in 1934 Supplement.
§ 4997. State board of health — how constituted.
State board of health prescribe rates for torium, 1936/2705.
certain facilities at So\ith Carolina sana-
§ 5036. Meetings of board — force and effect of rules, etc. — * * * Provided,
further, that in the city of Rock Hill the board of health shall consist of not
more than five members, one of whom shall be a practicing physician of not less
than two years standing in the practice of his profession. The city council of
said city shall, after the terms of the present members expire, appoint one-fifth
of the members annually on the first Tuesday in June of each year, to serve for
a period of five (5) years. The members of said board shall serve without com-
pensation. The said members shall take the oaths prescribed for city officers,
and shall organize by the election from among said board a president. The said
board shall elect the city physician, a secretary who shall keep the minutes of
their proceedings and perform such other duties as may be prescribed by the
said board ; a health officer and a dairy inspector, who shall for the proper per-
formance of their duties have and exercise the powers and authority of a police-
man of said city. The said city physician, health officer and dairy inspector shall
receive such salaries as may be fixed by the said board, and shall hold office at
the pleasure of the board, the same to be paid from city funds. The said board
of Health shall have the power to make all needful rules and regulations for
the promotion of the best sanitary conditions in the city of Rock Hill, and to
enforce the same by such penalties as are proper within the limit prescribed to
the city council for the enforcement of city ordinances, and for this purpose
shall have all the powers, functions and privileges, and be subject to all of the
duties, responsibilities and liabilities provided in an act entitled, 'An Act to
205 Code of Laws of South Carolina § 5057-1
Establish Local Boards of Health in the Cities and Incorporated Towns of the
State, and to Define the Powers Thereof, approved January 5, 1895. The board
shall meet at least once a month for the transaction of business, and shall make
out and cause to be published all necessary rules and regulations for carrying
into effect the powers, and functions of which they are invested by law, which
rules and regulations, when approved by the city council and when advertised
in the same manner as other ordinances, shall have the force of ordinances of
said city; and all penalties for the violation thereof, as well as expenses neces-
sarily incurred in carrying into effect the same, shall be recovered for the use
of the city council in the same manner as penalties for the violation of city or-
dinances, subject to the like limitations as to the amount thereof. 1935 (39) 5.
Above proviso added by 1935/5.
§ 5049. State board of health appoint local boards in unincorporated towns.
— * * * Provided, further, however, that in the City View water and sewer dis-
trict in Greenville County, the commission of and for said district shall, upon
and after resolution duly adopted by said commission, appoint a local board
of health for said district, which local board shall consist of seven members,
one of whom shall be a regularly licensed practicing physician, and each of
whom shall hold office at the will of said commission. The said local board of
health, for said district, when so appointed, shall perform all the duties, and
have all the powers of local boards of health appointed under this section and
as may be conferred upon local boards of health by all other applicable sec-
tions under general laws pertaining to local boards of health, and in addition
to such powers is hereby authorized to pass, adopt and promulgate rules and
regulations requiring owners of property in said district to connect with the
water and/or sewer systems where they are reasonably available and such
connection is in the discretion of the board necessary to protect the public
health and/or security of the district. 1935 (39) 375.
The above proviso added by 1935/375.
§ 5052. Penalties as to matters relating to local boards. — * * * Provided,
further, however, that all rules and regulations adopted and promulgated by
the local board of health of and for the City View water and sewer district of
Greenville County, made by and in pursuance of this article and as may be
needful or necessary for the preservation and promotion of the public health,
sanitation and/or security of said district, after being published once a week
for three weeks in a newspaper of said county, shall have the force and effect
of law, and any person, who shall after notice violate, disobey, refuse, omit
or neglect to comply with any rule or regulation so adopted and promulgated
by said local board of health shall be guilty of a misdemeanor, and, upon con-
viction thereof, shall be fined not exceeding the sum of one hundred dollars,
or be imprisoned not exceeding thirty days. 1935 (39) 342.
The above proviso added by 1935/342.
§ 5057-1. Sterilize certain mental defectives and insane persons. — (1) Pe-
nal or Charitable Institutions May Petition State Board of Health to
Sterilize Certain Inmates — Serve Petition on Such Inmates and Others
Interested — Hearing. — Whenever the superintendent, or any other person or
persons in charge of any penal or charitable institution of this state shall be of
the opinion that it is for the best interest of the inmates of the institution of
which he is the superintendent, or person in charge, that any inmate of such in-
stitution who is afflicted with any hereditary form of insanity that is recurrent,
idiocy, imbecility, feeble-minded or epilepsy should be sexually sterilized, such
§ 5057-1 1936 Supplement 206
superintendent, or other person in charge, shall present to the state board of
health, of this state, a written petition stating the facts of the case, and the
grounds of his opinion verified by his affidavit to the best of his knowledge and
belief, and praying that an order may be entered by the said board authorizing
him to perform or have performed by some competent physician, or surgeon to be
designated by him in his petition, or by the board in its order, upon such inmate
named in such petition, at one of the institutions of the state, the operation of
vasectomy, if upon a male, and of salpingectomy, if upon a female, or such other
safe and proper operation as medical science may provide to accomplish such pur-
pose. A copy of such petition shall be served upon such inmate named therein, to-
gether with a notice in writing designating the time and place in said institu-
tion, not less than thirty (30) days before the presentation of such petition to
the state board of health, when and where the board will hear and act upon
such petition. If such inmate has a parent, child, brother, sister, guardian or
committee residing in this state whose name and place of residence are known
to such superintendent, a copy of such petition and notice shall be served upon
such parent, or parents, child, brother, sister, guardian, or committee, which-
ever may be first found upon whom such service may be made. If such notice
cannot be so served, the superintendent shall file a copy of such petition in the
office of the clerk of the court of the county where the inmate last resided, if
known ; and a certificate of the sheriff of the county where such patient has
had his or her residence, if known, shall be filed with the board of health, and
no further service of process shall be had. After the notice required by this
section shall have been given as herein provided, the board of health, at the
time and place named therein, with such reasonable continuances from time
to time and from place to place as the board may determine, shall proceed to
hear and consider the said petition and the evidence offered in support of and
against the same. For every such inmate the board shall appoint a guardian
ad litem who must be present at the hearing to defend the rights and interests
of such inmate. And the board shall see to it that such inmate shall have leave
and opportunity to attend such hearings in person, if desired by him, or by his
parent, guardian or committee served with such petition as aforesaid. The
board of health may receive and consider as evidence at such hearing the com-
mitment papers and other records of such inmate in any of the aforesaid state
institutions as certified by the superintendent or superintendents thereof, to-
gether with such other legal evidence as may be offered by any party to the pro-
ceeding. Any member of the board shall have the power to administer oaths
to the witnesses at such hearings. Depositions may be taken by any party af-
ter due notice as in pending cases and such depositions may be read in evi-
dence pertinent to the issue : Provided, however, that no deposition shall be
read against such inmate, except with the consent of his guardian ad litem,
unless it be taken in the presence of the guardian ad litem or upon interroga-
tories agreed on by him. The board shall preserve and keep all record evi-
dence offered at such hearings, and shall have all oral evidence heard thereat
reduced to writing and preserved and kept with its records. Any party to the
proceedings shall have the right to be represented by counsel at such hearings.
The board of health may deny the prayer of said petition, or if the board
shall find that such inmate is insane, idiotic, imbecile feeble-minded or epileptic,
and by the laws of heredity is or would be the probable potential parent of
socially inadequate offspring likewise afflicted ; that such inmate may be
sexually sterilized without detriment to his or her general health ; and that the
207 Code of Laws of South Carolina § 5123-1
welfare of such inmate and of society will be promoted by such sterilization, it
may by order authorize such superintendent to have performed, or cause to be
performed by some competent physician or surgeon named in such order, upon
such inmate, after not less than thirty (30) days from the date of such order,
such suitable and safe operation as medical science may have devised to render
such patient or inmate sterile.
(2) Appeal. — From any such order so entered by the state board of health,
any party or parties, interested therein shall have the right of appeal to the
circuit court in the same form and manner as is now provided by law for ap-
peals from inferior courts to the circuit courts, and the right of appeal shall
be preserved to the supreme court in the same form and manner as appeals
are now had from the circuit courts of this state to the supreme court, and
such notice of appeal shall act as a stay of further proceeding pursuant to terms
of said order until such appeal, or appeals have been finally disposed of.
(3) Perform Operation if Petition Sustained — Postpone. — Whenever any
such order shall be made as herein provided by the board of health, or such
circuit court, or the supreme court of this state, authorizing such superintend-
ent to perform, or cause to be performed by some competent physician or
surgeon named therein, such operation hereinbefore mentioned such super-
intendent, upon the expiration of any stay of proceedings under any such order,
shall be authorized to perform or cause to be performed by the physician or
surgeon named in such order, such operation pursuant to such order, unless
in the meantime, some physical or mental disability of such patient or inmate
shall indicate the advisability of postponing or abandoning such operation.
(4) Liability of Participants. — Neither any such superintendent nor other
person legally participating in the execution of the provisions of this section
shall be liable either civilly or criminally on account of such participations.
(5) Nature of Operation. — Nothing in this section shall be construed to au-
thorize the operation of castration nor the removal of sound organs from the
body; but this provision shall not be construed so as to prevent the medical
or surgical treatment for sound therapeutic reasons of any person in this state,
by a physician or surgeon licensed by this state, in such a way as may inci-
dentally involved the nullification or destruction of the reproductive functions.
(6) Guardian Ad Litem — Compensation. — Any guardian ad litem appointed
by the state board of health or by a circuit court pursuant to this section to
defend the rights and interest of any inmate of any state institution named
herein in proceedings hereunder shall be paid by such institution for his serv-
ices such fees, not exceeding ten ($10.00) dollars, as may be allowed by the
state board of health, or by the circuit court in case of appeal.
(7) Inmate or Representative Designate Physician to Operate. — Nothing
herein contained shall prevent such inmate or his or her family, or committee
or guardian from employing any duly licensed physician to perform such
operation, provided the fee of such surgeon so employed is paid by such in-
mate, or his or her family, guardian or committee pursuant to such employ-
ment. 1935 (39) 428.
This section added by 1935/428.
§ 5123-1. Tourist camps and road houses. — (1) License Operate. — No per-
son, firm or corporation shall maintain, operate, or own any tourist camp or
road house where beds or lodging are had for hire without first obtaining
from the governing board of the county in which such tourist camp or road
house is located a license to be issued on the conditions hereinafter stated.
§ 5123-1 1936 Supplement 208
(2) Owners of Tourist Camps and Road Houses Beyond Limits of Munici-
palities Apply for Licenses. — Every owner or operator of a tourist camp or
road house proposed to be operated beyond the corporate limits of a town or city
of this state shall file with the governing board of the county a written applica-
tion for a license, which said application shall give the name of the owner of the
property, the name of the manager or operator, the general nature of the busi-
ness proposed to be conducted, and such other information as the governing
body may require.
(3) Licenses — Issuance — Revocation. — Upon the filing of the said applica-
tion, the governing body shall pass upon the said application and make their
recommendations in writing to the clerk of court. If the majority of the said
governing body recommend the issuance of the said license, then the clerk of
court shall issue the same for a period of one year from July 1st, 1936, upon
payment of the license hereinafter prescribed. Provided, however, that the gov-
erning body of the said county shall have a right, upon such showing as to them
may seem proper, to revoke any license issued under the terms of this section.
(4) License Fee. — The license fee to be charged in connection with the above
application shall be one ($1.00) dollar.
(5) Notify Operators — Counties Exempted. — The governing body of the re-
spective counties of this state shall notify in writing all owners or operators
of tourist camps or road houses doing business in this state, of the passage of
this law, and the owners or operators shall comply with the requirements
herein within ten (10) days after written notification. The following counties
are exempt from the provisions of this section: Barnwell, Abbeville, Charles-
ton, Aiken, Beaufort, York, Berkeley, Edgefield, Colleton, Newberry, Orange-
burg, Horry, Spartanburg, Georgetown and Florence, Chester, Darlington,
Marlboro, Richland, Sumter, Dorchester, Laurens, Clarendon, Allendale, Ker-
shaw, Saluda, Bamberg, Williamsburg, Oconee, Chesterfield, McCormick, Lee,
Calhoun, Anderson, Lexington and Greenville.
(6) Penalty. — Anyone violating the provisions of this section shall be deemed
guilty of a misdemeanor and shall lie lined in the sum of not less than twenty
($20.00) dollars nor more than one hundred ($100.00) dollars in the discretion
of the magistrate. All amounts collected under the terms of this section,
whether from fees or fines, shall be turned over to the county treasurer to be
placed in the general county funds. 1936 (39) 1778.
This section added by 1936/1778.
§ 5129-1. Manufacture and sale of ice cream and other milk products.
See this section in 1934 Supplement.
§ 5136. Petitions for establishment of public hospitals, or tuberculosis
camps.
County hospitals : Barnwell Comity, 1935/ 1790: Berkeley County. 1935/663; Aiken
216; Beaufort County, 1935/435; Cherokee County. 1934/1718; Columbia Hospital,
County, 1936/1326; Jasper County, 1935/ 193(5/2590; Dillon County, 1936/2219; 1934/
389, 1936/158S; Orangeburg County, 1936/ 2105.
§ 5167. Fee for testifying at inquests, etc.
See this section in 1934 Supplement.
§ 5204. Annual registration of licenses to practice dentistry. — Repealed by
1936 Acts, page 1361.
§ 5210. Licenses — suspend — revoke — renew — unprofessional conduct — ad-
vertising prices. — Any circuit court judge of this state shall have the power
and authority, by proper order, after a hearing duly had on a petition of any
person or by the state board of dental examiners to revoke or suspend, for
209 Code of Laws of South Carolina § 5216
any period of time, practice under any license issued in this state to any dentist
or dental hygienist, for any one of the following causes shown at a hearing
before it, to wit : first, where any diploma, license or certificate, illegally or
fraudulently obtained by the applicant, was presented to or filed with the
board and considered by it in granting a license ; second, where a license has
been applied for and issued under an assumed name for the purpose of shield-
ing dishonesty or a criminal record ; third, the commission of any criminal
operation, or habitual drunkenness for a period of three months, or insanity,
or where one has been judicially adjudged by any court or legally authorized
commission to be insane, if, in the opinion of the board, patients might suffer
through the continuing practice of such dentist, or where one has been guilty of
any immoral or dishonorable conduct which would prevent the board, in its
sense of honor, from issuing the certificate of practice provided for in section
5207, or where a practitioner has become or is addicted to any harmful drug
habit, or where any dentist shall use, or advertise as using, any drug nostrum,
patent or proprietary medicine, of unknown formula, or any dangerous or
unknown anaesthetic, which is not generally used by the dental profession;
fourth, for unprofessional conduct, or for gross ignorance or inefficiency in his
profession. Unprofessional conduct shall mean employing what are known as
"cappers" or "steerers" to obtain business; the obtaining of any fee by
fraud or misrepresentation ; wilfully betraying professional secrets ; employ-
ing directly or indirectly any student or any suspended or unlicensed dentist
to perform operations of any kind, or to treat lesions of the human teeth or
jaws, or to correct malposed formations thereof; making use of any advertis-
ing statments of a character tending to deceive or mislead the public ; adver-
tising professional superiority or the performance of professional services in a
superior manner ; advertising prices for professional service ; advertising by
means of large display ; glaring light signs ; or containing as a part thereof the
representation of a tooth, teeth, bridgework or any portion of the human head;
employing or making use of advertising solicitors or free publicity press
agents ; or advertising any free dental work or free dental examination ;
or advertising to guarantee any dental service, or to perform any dental
operation painlessly ; and fifth, for permitting any unlicensed person to per-
form any operation of whatever nature, on any patient or prospective patient,
or to fit or attempt to fit any false tooth, teeth, or plate for such patients. No
license when once revoked, shall ever be renewed by the board, and no license,
when once suspended, shall be reinstated or renewed until the offender has
given satisfactory assurance and guarantee of correct conduct for the future.
A fee of fifty ($50.00) dollars shall be paid to the board before it shall rein-
state or renew a license once suspended for any cause set forth in this section.
1936 (39) 1361.
1936/1361 changed the method of suspend- advertising of prices. A comparison of the
ing and revoking licenses and further pro- present section with former section 5210
vided for unprofessional conduct and the is suggested for specific changes.
§ 5216. Board — compensation — put collected fees in state treasury — secre-
tary — expenses. — Each member of the state board of dental examiners shall
receive for his services ten ($10.00) dollars per day for each day engaged in
the business of said board, not to exceed four (4) days in any one calendar year,
and traveling expenses at the rate of five (5c) cents per mile for one round
trip to each annual meeting, said compensation and mileage to be paid from
the state treasury, upon certificate of the secretary of the said board. All
§ 5216 1936 Supplement 210
license fees collected from applicants shall be turned into the state treasury.
The secretary of the South Carolina dental association shall be ex officio secre-
tary-treasurer of the South Carolina board of dental examiners, and shall
receive a salary of one hundred ($100.00) dollars per annum. The actual ex-
penses of said board for necessary stamps, stationery and printing pertain-
ing to the duties of said board shall be paid by the state treasurer upon an
itemized statement sworn to by the members of said board. 1936 (39) 1364.
Nurses
§ 5223. Practice as registered or licensed nurse only when authorized —
registered nurse defined — construction and purpose. — (1) No person shall
practice as a registered nurse within this state unless he or she has been hereto-
fore authorized so to do, pursuant to the law in force at the time of his or her
authorization, or is hereafter authorized so to do by subsequent subdivision
of sections 5223-5230. Provided, that a graduate of a school of nursing not an
accredited school shall be allowed to take the examination required for reg-
istered nurses, and upon a successful passage of such shall be licensed as a
"Licensed Nurse" which grade shall be at all times indicated both in ad-
vertisement and uniform by the use of the capital letters "L. N." on proper
insignia.
(2) Any person shall be regarded as a registered nurse, within the meaning
of these sections 5223-5230, who has graduated from an accredited school or
schools of nursing, as hereinafter provided for in these sections 5223-5230,
has passed a satisfactory examination before a state board of examination
and registration of nurses to be established in accordance with the provisions
of subsection 5224 (1) below, and has complied with all other requirements of
sections 5223-5230.
Nothing in sections 5223-5230 shall be so construed as to prevent a nurse
who does not hold a certificate of registration from said board, and who re-
sides in another state, from accompanying and attending a person traveling
in or through this state or sojourning herein for his or her health, or any
non-resident nurse without such certificate from serving any person in this
state in case of necessity or emergency, where such nurse is authorized and
empowered to practice his or her profession under the laws of the state in
which he or she resides, or to affect in any way the right of any person to
nurse gratuitously or for hire ; the purpose of this legislation being to secure
the registration of those nurses only who are properly qualified therefor,
and to prevent the use of the title, "Registered Nurse," or the abbreviation,
"R. N.", by persons not registered under the provisions of sections 5223-5230.
1935 (39) 173.
Sections 5223-5231 repealed by 1935/173. Present sections 5223-5230 come from said act.
§ 5224. State board of examination and registration of nurses. — (1) Ap-
pointment — Terms — Vacancy. — There shall be established a state board of ex-
amination and registration of nurses to be composed of five persons to be ap-
pointed and commissioned in the following manner :
The South Carolina state nurses association shall, within thirty days after
April 6, 1935, nominate to the Governor of this state two of its members who
must have had at least three years of practice in their profession immediately
preceding their nomination. From this number the Governor shall, within
thirty days thereafter, appoint and commission for places on the said board
211 Code of Laws of South Carolina § 5224
one nurse who shall serve for one year from date of appointment and one
nurse who shall serve for five years from date of appointment. The two nurses
so appointed shall not have been graduated from the same training school.
The South Carolina medical association shall, within thirty days after April
6, 1935, nominate to the Governor two of its members who must have had at
least three years of practice in their profession immediately preceding their
nomination. From this number the Governor shall, within thirty days there-
after, appoint and commission for places on the said board one physician, who
shall serve for two years from date of appointment and one physician who shall
serve for three years from date of appointment.
The South Carolina hospital association shall, within thirty days after April
6, 1935, nominate to the Governor one of its members who is a superintendent
of nurses and who is also a member of the South Carolina state nurses associ-
ation and a graduate of a training school not already represented on the
board. The Governor shall, within thirty days thereafter, appoint and com-
mission this nominee for a place on the said board to serve for four years from
date of appointment.
The terms of office of the five members of the board, appointed and com-
missioned as above provided for, shall all begin on the same date. Upon the
expiration of the term of office of any member the Governor shall appoint
and commission a successor who shall serve for five years from the date of
appointment and each member shall hold office until the successor qualifies. The
said appointment shall be made upon nomination of one of its members by the
state nurses association, the state medical association or the state hospital
association, as the case may be, depending upon which organization's repre-
sentative on the board is to be replaced, and in accordance with the conditions
and requirements set forth above. No two of the three nurse members of the
board shall have been graduated from the same training school.
Any vacancy occurring on this board by death, resignation, or otherwise,
shall be filled for the unexpired term by the Governor upon nomination fur-
nished him in the manner specified in the paragraph immediately above.
(2) Organization — Officers — Educational Advisor — Meetings — Reports.
—Within thirty days after appointment the members of the state board of exam-
iners and registration of nurses shall meet and organize by the election of a
president and a secretary-treasurer, both of whom shall be nurse members.
The officers so elected shall serve for a period of one year each and until their
respective successors are elected and have qualified. Officers shall be elected by
the board annually, their terms of office beginning at the close of the meeting
at which they are elected. In case of a vacancy among said officers the board
shall, within thirty days after the vacancy occurs, elect one of its number to
fill the unexpired term.
The secretary-treasurer shall certify to the Governor the names of officers
elected for regular and unexpired terms ; and in the event of a vacancy in the
office of secretary-treasurer the president of the board shall certify to the
Governor the name of the person chosen to fill the vacancy.
The board may appoint a state educational advisor of training schools for
nurses from a list of three members of the South Carolina State nurses asso-
ciation whose names shall be submitted to it by the said association. The educa-
tional advisor shall be under the direction and control of the board in all mat-
ters pertaining to her position, and shall serve at the pleasure of the board. She
§ 5224 1936 Supplement 212
shall assist in maintaining necessary standards in the living, working and edu-
cational conditions in schools of nursing in South Carolina and perform such
other duties as the board may assign her.
The board is hereby authorized to pay the educational advisor, provided there
be sufficient funds in the treasury, a salary or a per diem allowance, as it may
deem advisable, and necessary expenses incurred in the performance of her
duties, the amount of salary or per diem allowance to be determined by the
board, and paid out of funds held by the board, on approval by the president of
the board.
Three members of the board shall constitute a quorum, but no action of the
board shall be valid unless authorized by the affirmative vote of three members
thereof.
The board shall meet regularly at Columbia, South Carolina, on the fourth
Tuesday in May of each year for the purpose of examining applicants for regis-
tration, and shall continue in session until all applicants are duly examined.
Should the board deem it expedient, the date of its regular meeting may be
changed, but, in such event, notice of the change and the date on which the meet-
ing will be held shall be published in a Columbia daily newspaper of general
circulation ; and written notice sent, postage prepaid, to the last known address
of each applicant, at least ten days before the time of the regular meeting.
The board shall issue to each properly qualified applicant for registration a
temporary permit which will authorize said applicant to practice nursing in the
state until the next meeting of the board.
The board shall have power to call extra meetings when necessary for the ex-
amination of applicants or for the transaction of such other business as may
properly come before it, and to make all necessary by-laws and rules for its
government and for the proper discharge of its functions.
The board is authorized to have and to use an official seal bearing the words
"State Board of Examination and Registration of Nurses for South Carolina.'
At intervals, regulated by its by-laws, the board shall prepare and make a
report for public distribution of all schools for nurses, or combinations of
schools for nurses, in South Carolina, approved by the board as meeting the
requirements necessary for giving a student nurse a full and adequate course
of training and instruction.
(3) Records. — The board shall keep a record of all its proceedings and also
a record of all applicants for licenses and of the action of the board thereon, and
a register of all nurses who have complied with the requirements of §§ 5223-.
5230 and have been licensed to practice as registered nurses in South Carolina.
It shall also register as accredited such schools of nursing as shall meet thej
requirements of the board as to courses, standards and management. Books
and registers kept by the board shall be prima facie evidence of all matters
therein recorded. All such records and registers shall, at all reasonable times, be
open to public inspection.
(4) Compensation — Finances — Annual Report. — Out of the funds coming
into possession of the board each member may receive for his or her services
traveling expenses at the rate of five cents (5c) per mile and five dollars ($5.00)
per day for each day actually engaged in the duties of his or her office. Said
expenses shall be paid from the fees received by the board under the provisions
of §§ 5223-5230. All money received in excess of said mileage and per diem al-
lowances, as above provided for, shall be held by the secretary-treasurer of the
board as a special fund for meeting the expenses of the board and carrying out
213 Code of Laws of South Carolina § 5226
the provisions of §§ 5223-5230; and she shall give snch bond as the board shall,
from time to time, direct, the expenses of such bond to be paid out of the funds
of the board. All disbursements from the funds of the board must have the ap-
proval of its president.
The board shall make an annual report of its proceedings to the governor on
the first Monday in July of each year, which report shall contain an account of
all moneys received and disbursed by it pursuant to §§ 5223-5230. 1935 (39)
173.
§ 5225. Examinations — (1) Qualifications of Applicants. — It shall be the
duty of said board to examine all candidates for registration, as hereinafter pro-
vided and described, and to pass upon their qualifications and fitness to prac-
tice as registered nurses in this state, and to give each successful applicant a
certificate to that effect; provided that each applicant, before being allowed to
take said examination, shall furnish evidence satisfactory to the board that he
or she is at least twenty-one years of age, is of good moral character, has had
such preliminary education as required by the board, and is a graduate of an
accredited school or schools of nursing, as hereinafter* described, or of a train-
ing school connected with a hospital of good standing supplying a course of
training and instruction meeting standards approved by the state board of ex-
amination and registration of nurses, which training and instruction may be
obtained in two or more hospitals. The board shall have the power to grant ad-
vanced credit, not to exceed twelve months, for didactic and laboratory work
done in an accredited college, or for credits, either time or scholastic, earned in
an institution other than the one from which graduated. Provided, further, that
each applicant shall pay to the secretary-treasurer of the board a fee of ten dol-
lars ($10.00). Such certificate of registration shall entitle the holder thereof to
practice in South Carolina as a registered nurse and to use the letters, "R. N. "
after his or her name. Provided, further, that on and after July 1, 1937, the
preliminary education required by the board shall be the successful completion
of at least 4 years of work in a high school accredited by the state board of edu-
cation in the state in which the applicant attended school, or the equivalent
of such work, satisfactory evidence of which shall be furnished to the board.
(2) Subjects — Conduct — Fees — Passing Grades. — For each examination
the board shall prepare suitable questions for testing the knowledge of the ap-
plicants in the following subjects : Anatomy and physiology ; elements of bac-
teriology; elements of pathology; nutrition; diet in disease; materia medica;
practical nursing ; nursing ethics ; history of nursing ; personal hygiene ; public
sanitation ; and such other subjects as the board may deem necessary. Examina-
tions conducted by the board may be written, oral, by practical demonstration,
or by a combination of any or all of these methods, at the discretion of the board.
In case of failure at any examination the applicant shall have the privilege of
a second examination on payment of the regular fee of ten dollars ($10.00).
In case of a second failure the applicant, to be eligible for a third examination,
shall, in addition to the requirements for previous examinations, have further
pursued his or her studies for such time as the board may designate, and fur-
nish satisfactory evidence thereof. The grade requiring for passing the examina-
tions before the board shall be an average of not less than seventy-five per cent
(75%) on all subjects examined upon and not less than sixty per cent (60%)
on any individual branch. 1935 (39) 173.
§ 5226. Suspend or revoke licenses. — The state board of examination and
registration of nurses is hereby authorized and empowered to suspend or re-
§ 5226 1936 Supplement 214
voke, by a majority vote of its total membership, subject, on appeal, to revision
by the courts of the state, the license of any registered nurse qualified under
any provision of §§ 5223-5230, whether qualified prior or subsequent to the
passage of §§ 5223-5230, after due notice and fair opportunity for hearing,
upon evidence satisfactory to the board, that the holder thereof is guilty of
felony or gross immorality, or is addicted to alcoholic or other drug habits to
such a degree as to render him or her unfit or unworthy to practice as a regis-
tered nurse in this state. The presiding officer of the board is hereby authorized
and empowered to administer oaths in the taking of testimony upon any and all
matters pertaining to the business or duties of the board. Provided, that pend-
ing a final court decision, if resort is had to the courts under this section, the
nurse under charges shall continue in the practice of his or her profession until
the decision of the tribunal appealed to is reached. 1935 (39) 173.
§ 5227. Certificates for nurses registered under 1910 act. — All nurses reg-
istered under the provisions of the act of February 23, 1910, shall be permitted
to register and receive a certificate without an examination, upon application
duly made and accompanied by his or her certificate or registration previously
granted and the payment of a fee of five dollars ($5.00), provided that applica-
tion be made before July 1, 1936. 1935 (39) 173.
§ 5228. Non-resident nurses. — The board is hereby authorized to issue cer-
tificates of registration without examination to nurses registered in other states,
territories and the District of Columbia, or foreign countries, provided the in-
dividual qualifications of the nurse meet the requirements of §§ 5223-5230. A
fee of ten dollars ($10.00) shall be paid to the secretary-treasurer of the board
for each such certificate of registration. 1935 (39) 173.
§ 5229. Accredited school for nursing. — An accredited school for nurses,
within the meaning of §§ 5223-5230, is hereby defined to be a school for the
education of nurses attached to or operated in connection with a general hos-
pital, having a daily average of thirty (30) patients or more, giving a con-
tinuous training of not less than three years. This training shall include prac-
tical experience in caring for men, women and children, together with theoret-
ical and practical instruction in medical, surgical, obstetrical and pediatric
nursing. The curriculum of the school shall meet standards approved by the
state board of examination and registration of nurses. Provided, that in cases
where a student attends a training school for nurses which has a daily average
of less than thirty (30) patients, the attendance of such student for a period
of eight (8) months of the three years training required under §§ 5223-5230
at a training school for nurses which has a daily average of not less than thirty
patients, shall be a sufficient compliance with the terms of §§ 5223-5230 and shall
entitle such student to come within the provisions of §§ 5223-5230. 1935 (39)
173.
§ 5230. Penalty — practical nurses — saving clause — students in training. —
(1) It shall be unlawful for any person to practice as a registered nurse or to
use the abbreviation "R. N. ", after his or her name, within the meaning of
§§ 5223-5230, in this state, who has failed to comply with the provisions of
§§ 5223-5230; and anyone violating any of the provisions of §§ 5223-5230 shall
be deemed guilty of a misdemeanor, and for such offense, upon conviction by
any court of competent jurisdiction, shall be fined in any sum not less than one
hundred dollars ($100.00) nor more than two hundred dollars ($200.00) or
215 Code of Laws of South Carolina § 5231-4
imprisoned for a period of not less than thirty (30) days nor more than ninety
(90) days, or both, at the discretion of the court.
The provisions of §§ 5223-5230 shall not affect nurses known as practical
nurses, not holding themselves out to be registered nurses.
(2) In the event that any provision or part of §§ 5223-5230 shall be ques-
tioned in any court and shall be held to be invalid, the remainder of §§ 5223-
5230 shall not be invalid, but shall remain in full force and effect.
(3) §§ 5223-5230 shall not apply to students in training now or at the time
§§ 5223-5230 shall take effect. 1935 (39) 173.
§ 5231. Misdemeanor violate provisions as to trained nurse. — Repealed h\j
1935 Acts, page 173.
* Chiropodists and Chiropody (Podiatry)
§ 5231-1. Definitions. — "Chiropody," sometimes called podiatry, shall for
the purposes of this article mean the diagnosis, surgical, medical and mechani-
cal treatment of ailments of the human foot, except the correction of deformities
requiring the use of the knife, amputation of the foot or toes, or the use of an
anaesthetic other than local.
(a) Surgical treatment shall be held to mean the surgical treatment of abnor-
mal nails, corns, warts, callosities, superficial treatment of bunions, and other
minor foot ailments, and does not confer the right of amputation of toes or
joints thereof, or any portion of the foot, or the severing of any tendon, or the use
of anaesthetics other than local.
(b) Medical treatment shall be held to be the local application or recommen-
dation of any therapeutic agent or remedy for the relief of foot ailments.
(e) Mechanical treatment shall be held to be the employment of any forcible
means for the correction of weak or fallen arches and other mis-allignments of
the bones of the foot, and such corrective treatment shall include the use and
recommendation of mechanical appliances, bandaging, strapping, massage, phys-
ico-therapy and the use of corrective shoes, but does not permit the treatment of
fractures of the bones of the toes or feet. 1935 (39) 180.
"Sections 5231-1 thru 5231-18 come from 1935/180.
§ 5231-2. License to practice. — It shall be unlawful for any person to pro-
fess to be a chiropodist or podiatrist or to practice or assume the duties incident
to chiropody (podiatry) without first obtaining from the state board of chiropody
examiners a chiropody license. All persons before being licensed to practice
chiropody in the state of South Carolina shall make application upon a bank
form and furnished by the board of chiropody examiners herein created, to
the secretary-treasurer of said board of chiropody examiners which license shall
be granted to such applicants after they have furnished satisfactory proof of
being at least twenty-one years of age and of good moral character, and in active
practice of chiropody in the state of South Carolina for a period of one year
preceding the enactment of this law. 1935 (39) 180.
§ 5231-3. Designation. — Any person to whom a license is granted upon the
provisions of this article shall be entitled to be known as licensed chiropodist and
that any other chiropodist who may later practice in the state of South Carolina
shall be privileged to use the title to which their diplomas from their chiropody
college may have granted. 1935 (39) 180.
§ 5231-4. Examinations. — Any person not heretofore authorized to practice
chiropody in this state and desiring to enter upon such practice shall file with
§ 5231-4 1936 Supplement 216
the board of chiropody examiners upon payment of a fee of twenty-five ($25.00)
dollars, a written application for examination, together with a satisfactory proof
that he or she is twenty-one years of age or over, and of good moral character,
and that he or she has received at least four years high school training, or the
equivalent thereof, and has received a diploma or certificate of graduation from
a recognized college of chiropody having a minimum requirement of three
scholastic years, embracing at least nine months of instruction each year, a
minimum of 3,360 hours in three different calendar years ; shall, upon payment
of said fee be examined as provided herein, and if found qualified, shall be
registered and shall receive in testimony thereof a license to pratice chiropody.
1935 (39) 180.
§ 5231-5. Board of chiropody examiners. — For the purpose of carrying out
the provisions of this article, the Governor shall appoint a board of chiropody
examiners, to consist of three (3) chiropodists, actually engaged in said practice
in the state of South Carolina and a member of the state board of medical ex-
aminers, who as c.r-officio acts as executive officer of said board of chiropody ex-
aminers. The said members shall be appointed for terms of two (2) years,
respectively, and the board shall have the right to formulate regulations to carry
out the terms of the article. The Governor shall have the power to remove from
office members of the board of chiropody examiners for neglect of duties as
required by this article, or for malfeasance in office or for unprofessional con-
duct. 1935' (39) 180.
§ 5231-6. Deny or revoke licenses. — The state board of chiropody examiners
may revoke the license to practice chiropody of any person, who while holding
such license obtains a fee or a promise or obligation to pay a fee by fraud, or is
guilty of gross negligence, or ignorant or wilful malpractice in the practice of
chiropody, or violation of any provision of this article or is guilty of any immoral
or dishonorable conduct. The procedure for denying or revoking a license to
practice chiropody shall be the same as that for denying or revoking a license
to practice medicine. 1935 (39) 180.
§ 5231-7. Time and place of examinations — board self-sustaining. — The
board of chiropody examiners for the purpose of examining applicants under
this article for a license to practice chiropody in this state shall hold at least
two examinations annually if necessaiy. The examination shall be held at such
time and place as the board may see fit, and notices of same shall be published
in one or more newspapers in this state. This board shall be entirely self-sustain-
ing and shall ask for no appropriation from the state of South Carolina. 1935
(39) 180.
§ 5231-8. Rules and regulations for examinations. — The board may make
such rules and regulations as it may deem necessary to conduct its examinations
and meetings. It shall provide such books, blanks, and forms as may be necessary
to conduct said examinations, and shall preserve and keep a complete record of
all its transactions. Examinations for registration under this article shall be in
fhe English language, written, oral or clinical or both as the board of examiners
may determine, and shall be in the following subjects wholly or in part:
Anatomy, physiology, pathology, histology, bacteriology, chemistry, diagnosis
and treatment, materia medica and therapeutics, clinical chiropody and
chiropodical orthopedics and asepsis, limited in their scope to the treatment of
the foot and leg and such added subjects as shall be subsequently taught by
accredited colleges of chiropody. 1935 (39) 180.
217 Code of Laws of South Carolina § 5231-15
§ 5231-9. Examination averages to receive license — annual report. — No ap-
plicant shall be granted a license unless he or she obtain a general average of
seventy-five (75%) per cent or over, and not less than fifty (50%) per cent
in any one subject. After such examinations the board shall without unnecessary
delay act on same and issue a license to the successful candidate signed by the
chairman and secretary of the board. The board of chiropody examiners shall
report annually to the Governor in detail all of its transactions. 1935 (39) 180.
§ 5231-10. Fees for examinations. — Every applicant for an examination for
a license to practice chiropody shall, at the time of filing application, pay to the
secretary of the state association of chiropody or podiatry, a fee of twenty-five
($25.00) dollars. In case the application is denied and examination is refused,
the fee shall be returned to the applicant. Any applicant who fails to pass an
examination shall be entitled to a re-examination within six (6) months, upon
the payment of an additional fee of ten ($10.00) dollars, but only two (2) such
re-examinations shall be permitted under the privilege of the original applica-
tion. 1935 (39) 180.
§ 5231-11. Annual license fees. — Chiropodists having practiced in this state
one year prior to this article and licensed to practice without examination shall
pay a fee of five ($5.00) dollars. Every person licensed to practice chiropody must
pay annually a renewal license fee of five ($5.00) dollars. If such renewal fee is
not paid within three (3) months after date of notification by the secretary that
such fee is due, the license of the person so failing to pay shall be suspended or
revoked and shall be reissued only by a majority vote of the board of chiropody
examiners and upon payment of a fee of ten ($10.00) dollars. All license fees
received by the board of chiropody examiners to defray the necessary expenses
arising from maintaining the board. 1935 (39) 180.
§ 5231-12. Display license. — Every license shall be conspicuously displayed
at the place of practice, and must be recorded in the office of the clerk of court
of each county wherein the licensee practices within thirty (30) days of its
issue. 1935 (39) 180.
§ 5231-13. Corporate practice. — It shall be unlawful for any person or per-
sons to incorporate under the laws of this state for the purpose of practicing
chiropody within this state. It shall be unlawful for any foreign corporation
organized for such purpose to attempt to practice chiropody within this
state. 1935 (39) 180.
§ 5231-14. Non-residents. — Upon payment of a fee of fifty ($50.00) dollars
a license may be issued to chiropodists of other states removing to this state,
maintaining requirements for the practice of chiropody equal to the standard
herein, and extending the same reciprocal privileges in their state. Any
chiropodists or podiatrist who has been practicing his profession in any state
for a period of one year or more and who has been duly licensed by a state
board and who has enjoyed during such time good moral and professional
repute, and shall be recommended by the chiropodist or podiatrist society or
association of his state, may upon presentation of proper credentials be is-
sued a license without examination. 1935 (39) 180.
§ 5231-15. Practice defined. — It shall be deemed prima facie evidence of
the practice of chiropody or of holding one's self out as a practitioner within
the meaning of this artcle, for any person to treat in any manner the human
foot by medical, mechanical or surgical methods, or to use the title chiropodist,
registered chiropodist or podiatrist, or any other words or letters, which
§ 5231-15 1936 Supplement 218
designate or tend to the public that the person so treating or holding himself
out to treat is a chiropodist. 1935 (39) 180.
§ 5231-16. Violations — penalty. — Any person who shall practice or attempt
to practice chiropody in this state without having complied with the provisions
of this article shall be guilty of a misdemeanor, and upon conviction thereof,
shall be fined not less than fifty ($50.00) dollars nor more than two hundred
($200.00) dollars and in default of payment of such fine shall be imprisoned
for not less than thirty (30) days, nor more than ninety (90) days. 1935 (39)
180.
§ 5231-17. Exemptions. — This article shall not apply to licensed physicians
or surgeons in this state, nor to osteopaths licensed by the state board of
osteopathic examiners, nor to surgeons of the army, navy, and public health
service, when in actual performance of their official duties. 1935 (39) 180.
§ 5231-18. Not apply to fitting or sale of corrective shoes, foot remedies,
appliances, etc. — No part or portion of this article shall be deemed to prohibit
the fitting, recommending or sale of corrective shoes, arch supports, or similar
mechanical appliances by retail stores, or individuals ; Provided, further, that
the provisions of this article shall in no wise apply to or affect any mercantile
establishment in this state selling shoes or fitting same, and that this bill does
not prohibit the sale or recommendation of any branded foot remedies or ap-
pliances by any retail establishment or their employees. 1935 (39) 180.
This article added by 1935/180.
§ 5234. Board of examiners.
See this section in 1934 Supplement
§ 5235. Members — term — appointment — removal.
See this section in 1934 Supplement.
§ 5248. Not applicable to physicians — applicable peddlers — sale of ready-
made eye glasses.
See this section in 1934 Supplement.
§§ 5250-1 to 5250-8. Chiropractors.
See these sections in 1934 Supplement.
§§ 5261-1 to 5261-16. Hairdressers and cosmetologists.
See these sections in 1934 Supplement.
§ 5266. Embalmers to obtain licenses.
See this section in 1934 Supplement.
§ 5289. Powers of state board of education.
See section 5290-1, subsection 3 thereof, although some books were obsolete and had
for further powers of the state board of ceased to be published. State ex rel. Frier
education in adopting text books. et al. v. State Board of Education et al.
State board of education could not sub- 179 S. C, 188; 183 S. E., 705.
stitute books beyond limit allowed herein, Editor's note: See § 5290-1 hereof.
§ 5289-1. State board of education may acquire maps to use in teaching
history and geography of this state in public schools. — The state board of edu-
cation, acting through the state superintendent of education, is authorized
and empowered to have provided for the pupils in the public schools of this
state, a series of maps suitably edited and adapted to portray a story of
South Carolina from geographic and historic standpoints, in a manner best
suited to serve the grades in which history and geography are taught, without
incurring any obligation on the part of the said board. It is authorized to re-
ceive bids for the production and furnishing of the number of such maps as in
the judgment of the state board of education will be requisite for the afore-
said purpose. Upon its determination of the approximate cost of the maps to
219 Code of Laws of South Carolina § 5290-1
the several schools, or combination of schools, the board shall have the right
and is directed, to negotiate with the several county boards of education, and
through them, with the board of trustees of the respective school districts,
with regards to purchase of such maps. When the said board shall have ac-
quired a sufficient number of contracts to warrant its making a contract with
the producer of such maps, in sufficient quantities, it is then authorized and
empowered to enter into a contract providing for the purchase and furnishing
of the maps, as the said parties may agree upon, and shall have the right to as-
sign any or all of the contracts which it has made with the county boards of
education and/or the boards of school trustees of the school districts in the
state, as a guarantee to its engagement with the party furnishing the maps,
Provided, that the state board of education shall in no way become liable
upon any such contract, but all such liability shall be on the part of the
county boards of education and the boards of school trustees under their
respective contracts or agreements to purchase. 1935 (39) 363.
This section added by 1935/363.
§ 5290-1. Textbooks — rent — furnish free — "adoptions — contracts for. — (1)
State School Book Commission — Members— Terms — Compensation. — There is
hereby created and established a commission to be known as the state school
book commission, the same to be composed of the Governor, the state super-
intendent of education, the director of the division of textbooks, hereinafter
established, one member of the state board of education, to be designated by
the state board of education and three county superintendents of education
to be selected by the association of county superintendents of education, and
the director of the division of textbooks, all of whom shall serve ex officio. The
three county superintendents of education and the member of the state board
of education shall serve for a term of three years and until their successors
are appointed. The three county superintendents of education and the member
of the state board of education shall be paid the usual per diem paid to mem-
bers of state commissions and their travel and maintenance expenses as pro-
vided by law for the days upon which they are actually engaged in the dis-
charge of the duties herein conferred upon them.
(2) Operate Rental System for School Textbooks in Certain Counties
and School Districts — Institutions of Higher Learning Establish Textbook
Rental Systems. — The state school book commission is hereby authorized, em-
powered and directed to provide all the textbooks for use in the public schools
of South Carolina on a rental system whereby the pupils in the public schools
will pay an annual rental in an amount to be fixed by the state school book
commission and in its discretion graduated as to grades and to be sufficient
to pay all the costs of the administration of this section and the purchase of
any books necessary to be acquired by the state school book commission. Said
rentals shall be paid by or for each pupil annually in advance upon the open-
ing of school or before any pupil is allowed the use of said books. No pupil
in the public schools of the state shall be required to pay any larger amount
for the use of the books than above authorized nor to buy outright or other-
wise acquire any textbook, but any pupil may purchase, if he so desires, the
books to be used by him, in which event no rental fee will be charged to said
pupil. The state school book commission shall not be required to furnish ma-
terials which shall be consumed or rendered worthless in any one year, such as
pencils, tablets, workbooks, drawing materials, etc. Provided, however, that
nothing contained in this section shall abrogate the power of such school dis-
§ 5290-1 1936 Supplement 220
tricts or counties as now have or hereafter may have the right to set up rental
or free textbook systems and all rentals received by said districts or counties
from rental of books belonging to said districts or counties shall be retained
by the said districts or counties: Provided, further, that school districts en-
rolling five thousand (5000) or more school pupils may have the right to set
up rentals or free textbook systems and choose and purchase their own text-
books, and all rentals received by said districts from rental of books belonging
to said districts shall be retained by said districts : Provided, further, that any
state institution of higher learning may, in the discretion of the respective
boards of trustees or other governing body, set up a textbook rental system
in the same manner as is provided in this section for school districts and choose
or purchase their own textbooks, and all funds received by said institutions
from rental of books belonging to said institution shall be retained by them,
respectively. Provided, further, that upon the resolution of the legislative dele-
gation of the county affected, any county or school district, as the case may
be, may abandon its rental or free system of textbooks and accept the pro-
visions of this section. Upon any such county or school district abandoning
its rental or free system and accepting the provisions of this section, it shall
be the duty of the state school book commission to make, or cause to be made,
an investigation and to determine the value to the state of any textbooks
belonging to said county or district which can reasonably be of use to the
state under this section, and to purchase useful books from said county or
district, either paying cash therefor, or in such installments as may be agreed
upon between the state school book commission on the one hand and the
county board of education, or trustees, as the case may be, on the other hand.
In the event it be agreed upon to pay therefor in installments, then the state
school book commission shall enter into reimbursement agreements with said
officials to pay said installments in the future. Provided, further, that the pro-
visions of this section shall not apply to any school district in which the
board of trustees of said school district shall file before August 1, 1936, with
the state school book commission a written statement, approved by the senator
and at least one-half of the representatives from such county, to the effect that
it does not elect to come under the provisions of this section: Provided, further,
that the provisions of this section shall not apply to any county in which the
county board of education shall file before August 1, 1936, with the state
school book commission a written statement, approved by the senator and at
least one-half of the representatives from such county, to the effect that it
does not elect to come under the provisions of this section.
(3) Textbooks — Adoption op Contracts for Textbooks. — For the purpose
of carrying out the provisions of this section and to provide school books for
said rental system, the state board of education is hereby authorized, em-
powered and directed to use for a period of at least three (3) years from May
11, 1936, the school books adopted by the state board of education in October,
1934, and all textbooks now in use under the state adoption plan in the schools
of South Carolina for which purpose said adoption and all contracts made
thereunder are hereby ratified and confirmed. The state board of education is
hereby authorized and empowered, in its discretion, to postpone, alter, amend
or modify the terms of future state adoption of contracts for textbooks.
(4) Division of Textbooks — Director — Appropriation. — For the purpose of
carrying out the provisions of this section the state superintendent of edu-
cation is hereby authorized, empowered and directed to establish a division
221 Code of Laws of South Carolina § 5290-1
of textbooks within the state department of education, and to appoint a di-
rector of said division, hereinafter referred to as the director, whose term of
office shall be for a period of three (3) years. For the faithful performance of
his duties said director shall enter into such bond in such penal amount as
may be fixed by the state school book commission and approved by the at-
torney general of the state. As compensation for services, said director shall
receive an annual salary of three thousand ($3,000.00) dollars, payable
monthly, and, in addition thereto, shall be allowed traveling expenses in-
curred in the performance of his duties not exceeding the sum of nine hundred
($900.00) dollars per annum, and, in addition, twelve hundred ($1,200.00)
dollars per annum shall be allowed for stenographic and bookkeeping help.
During the first year an additional sum of three hundred ($300.00) dollars
may be used for extra clerical and stenographic work. There is hereby ap-
propriated the sum of five thousand ($5,000.00) dollars, if so much be neces-
sary, for the purpose of establishing said rental system and of paying the costs
and expenses of said system until the first rentals are collected.
(5) Depositories — Distribution and Care of Books — Payment of Ex-
penses — Sales. — The state school book commission is hereby authorized, em-
powered and directed to adopt, establish and promulgate such rules and regu-
lations as may be necessaiy to carry out the purposes of this section, which
rules and regulations when not in conflict with the terms and purposes of this
section, shall have full legal force and effect. Said rules and regulations shall
provide a system of depositories for said books in various counties of the state,
which depositories may be designated as the state school book commission may
deem best ; and shall establish a method of distributing said books to the pupils
and to provide for the reasonable use, care and safety of said books, with
reasonable penalties, for the abuse or destruction of said books to fall upon
those using said books or in charge of their distribution and use. The various
counties, through their properly constituted authorities, are hereby required
to furnish a sufficient and proper place for depositing or storing of books used
in said counties. All necessary expenses in administering the terms of this
section shall be paid from the rentals collected hereunder. The state school
book commission shall provide by proper rules and regulations for payment
by the pupils, its parent or legal guardian, for the loss of or damage, if any, to
any books, ordinary wear and tear excepted. Provided, that the state school book
commission may require all publishers of textbooks, with whom textbook con-
tracts have been made, to maintain a joint agency or depository, in some city
in the state to be located at some suitable and convenient distributing point,
at which general depository each textbook publisher shall keep on hand a
sufficient stock of books to supply the requirements of the state, through
which central depository all textbooks shall be distributed. Any person or
school not controlled by the state, or book dealer in any county in the state
may order books from the general depository, and the books so ordered shall
be furnished for cash at cost plus actual expenses : Provided, further, that the
state school book commission shall make proper arrangements for the sale of
textbooks to those pupils who desire to purchase them, and the same shall be
sold at cost plus actual expenses.
(6) Field "Workers. — In order to carry out the intent and purpose of this
section, the director is authorized to appoint five (5) field workers who shall
be charged with the duties assigned by the director and to perform any and
all duties required by the provisions of this section, and not inconsistent with
§ 5290-1 1936 Supplement 222
the terms thereof. As compensation for their services the said field workers
shall each receive the sum of one hundred fifty ($150.00) dollars per month
for twelve months in each year, and, in addition thereto, actual traveling 1
expenses incurred while in the discharge of their duties, such expenses not to
exceed nine hundred ($900.00) dollars per year for any field worker.
(7) School Authorities Cooperate. — The county superintendents and
boards of education in the various counties of the state are hereby directed
and required to cooperate with the state school book commission in the ad-
ministration of the terms of this section and the rules and regulations to be
established by the state school book commission in such manner as may be re-
quested or required by the state school book commission. All superintendents,
principals and teachers in the schools of South Carolina are hereby directed and
required to cooperate fully with the state school book commission and county
boards of education in the proper and orderly administration of the terms of
this section, and the state school book commission is hereby authorized to
promulgate rules to provide cooperation by the superintendents, principals, and
teachers and to establish penalties for failure to cooperate.
(8) Contracts for Books. — The state school book commission is hereby au-
thorized to negotiate and execute contracts with the publishers of school
books whereby the state will rent from the publishers or buy outright the books
to be used in the public schools, with discretion in the state school book com-
mission to make rental contracts and/or purchase contracts as it may be to
the best advantage of the state. Any contracts made with publishers of text-
books may be made so as to divide the payment to publishers for rental or
purchase over a period of three (3) years: Provided, however, that nothing
herein shall be construed to prevent the state school book commission from
purchasing or renting additional books as the necessity shall or may arise.
The state school book commission is hereby authorized to issue its negotiable
notes with interest not exceeding three and one-half (3 1 /2%) per cent per
annum and to pledge all books purchased and all rentals collected hereunder,
after the payment of all administrative expenses, for the discharge of said
rental or purchase contracts. The full faith, credit and taxing power of the
state are pledged for the payment of said notes. The state school book com-
mission, in its discretion, may borrow upon the same terms as above authorized,
from any available source, the money with which to purchase said school books,
at a rate of interest not to exceed three and one-half (3^2%) per cent per
annum: Provided, that no notes hereunder shall be issued without the written
approval of the state finance committee : Provided, further, that if the state
school book commission should decide to purchase outright the books to be used
in the schools of this state, the same shall be purchased at the lowest possible
prices and, so far as existing contracts for state adopted books will permit,
at competitive bidding : Provided, further, for the purpose of carrying out the
provisions of this section, and enabling the state to avail itself to the fullest
extent of federal aid in the form of grants or otherwise, that are now or may
become available for use in the state for this and other purposes, the Governor
is authorized, empowered and directed to procure from any and all sources
available such amounts of funds as may be needed and not in conflict with the
terms and purposes of this section.
(9) Duties and Liability of School Districts. — The director shall hold each
school district in South Carolina responsible for the proper protection, use and
care of all school books allotted to said districts under the terms of this sec-
223 Code of Laws of South Carolina § 5290-1
tion. The said school district shall make reports to the director when re-
quired by the director as to the books on hand and the condition of the same,
and shall, within thirty (30) days after the end of each school term, return
all school books allocated to said districts to the place or places required by
the director. The director shall, as soon as practicable, after the close of each
school term, determine the loss and damage, if any, ordinary wear and tear
excepted, sustained by said books in any school district, and shall make demand
for the payment of the same upon the various districts against which loss
and damage shall have been assessed with appeal by parties feeling them-
selves aggrieved to the state school book commission. Said district shall forth-
with pay said loss and damage, and, that upon proper certification by the di-
rector and county superintendent of education, county auditors and county
treasurers of the respective counties in which these school districts are located,
are hereby authorized, empowered, and directed to levy sufficient millage in or
upon any school district and/or other educational unit sufficient to pay any loss
due the said state school book commission for any loss, damage or rentals due
by the said school districts and/or other educational units under the terms of
this section. Provided, that in the event there is sufficient funds on deposit to
the credit of the school district and/or other educational unit, the trustees
of said school district or the county board of education are directed to draw a
warrant against such funds to cover an amount of said loss or shortage in rental
funds accruing under the terms of this section, in which case no levy shall
be made.
(10) Collection and Payment of Rentals. — The rentals provided hereun-
der shall be collected by the various school districts in the state and each school
district shall pay the amount of said rentals due for the use of books by the
pupils in said district within thirty (30) days from the date of the opening
of the schools or the admission of new pupils to said schools. No school books
shall be delivered to any school child on a rental plan until the rentals have
been fully paid.
(11) Books from Quarantined Homes — Disinfect All Books. — The said
director, in conjunction with the state board of health, shall adopt rules and
regulations governing the fumigation and/or disposal of textbooks from
quarantined homes, and for the regular disinfection of all textbooks used in
the public schools of the state. As far as may be practicable the director shall
provide for the retention of all necessary school books for use by the school
districts within said districts.
(12) Waive Rentals — When. — At the beginning of the fourth year of op-
eration hereunder, and earlier if funds be available, the state school book
commission is hereby authorized and directed to waive rentals for as many
of the grammar school grades as available funds will permit ; and at the be-
ginning of the sixth year, or earlier if funds be available, said commission
shall waive rentals for as many of the high school grades as available funds
will permit, to the end that textbooks shall be supplied to the school children
of the state without charge at the earliest possible date. 1936 (39) 1549.
This section added by 1936/1549. Colleton County, 1935/304 ; Fairfield
See § 5289 also for adoption of text- County, 1936/1573; Greenwood County,
ibooks. 1936/1541; Marion County, 1936/1683;
Rent or furnish free text books: Ander- Marlboro County, 1936/1526; Newberry
lson County, 1936/1572; Cherokee County, County, 1936/1681; Sumter County, 1936/
11936/1581; Chester County, 1936/1578; 1696; York County, 1936/1454.
§ 5291-A 1936 Supplement 224
§ 5291-A. Columbia Bible College confer degrees. — The board of trustees
of Columbia Bible College, formerly named ''The Columbia Bible School", is
authorized and empowered to confer such degrees as said board shall de-
termine. A diploma from said Columbia Bible College may entitle the holder
to be accredited by the state board of education in like manner as the di-
plomas are now accredited from other schools and colleges. 1935 (39) 130.
This section replaces section 5291-A in 1932 Code, 1935/130.
§ 5295. Record of teachers' certificates.
See this section in 1934 Supplement.
§ 5296. State board of education to award scholarships. — Repealed by 1934
acts, page 1686.
§ 5297. Dates of competitive examinations. — Repealed by 1934 acts, page
1686.
§ 5298. Conditions and methods of examinations. — Repealed by 1934 acts,
page 1686.
§ 5299. Vacancies — how filled. — Repealed by 1934 acts, page 1686.
§ 5300. Requirement as to scholarships. — Repealed by 1934 acts, page 1686.
§ 5301. State board of public welfare to investigate financial status of
certain persons. — Repealed by 1934 acts, page 1686.
§ 5302. Report.— Repealed by 1934 acts, page 1686.
§ 5303. Boards to act on report. — Repealed by 1934 acts, page 1686.
§ 5304. Right of appeal. — Repealed by 1934 acts, page 1686.
§ 5305. Normal scholars deposit notes. — Repealed by 1934 acts, page 1686.
§ 5306. Enrollment defined.
See this section in 1934 Supplement.
§ 5308. County superintendent of education — election — term — bond.
See section 4689. County § 4121-1 ; McCormick County. §
For bond of superintendent of education: 4644-1 ; Newberry County § 4666 ; Oconee
Bamberg County § 3989-1 ; Cherokee County, 1933/334.
§ 5309. Vacancies. — The state board of education shall fill all vacancies in
the office of county superintendent of education for the unexpired term. (1)
Provided, that in the county of Darlington all such vacancies shall be filled by
the county board of education, where the unexpired term is for less than two
(2) years; and when the unexpired term is for more than two (2) years then
the Governor shall order a special election to fill the vacancy, and the Governor
shall commission in accordance herewith. (2) Provided, that in the county of
Spartanburg all such vacancies shall be filled by a majority of the legislative
delegation from Spartanburg County where the unexpired term is for less
than two years ; and when the unexpired term is for more than two years,
then the Governor shall order a special election to fill the vacancy, and the
Governor shall commission in accordance herewith. 1935 (39) 439, 456.
Proviso 1 added by 1935/439. 1935 acts made reference to the 1932
Proviso 2 added by 1935/456. amendment and re-enacted this section
See notes to § 5475. without providing for the 1932 amendment
This section was amended by 1932/1364 relating to Lancaster County. This seation
providing for the filling of vacancies in the as amended by said 1932 act may be seen
office of county superintendent of education, In 1934 Supplement.
Lancaster County ; however neither of the
§ 5314. Abbeville County — school system.
Transportation of school children — see section 5474.
§ 5315. Aiken County — school system.
County board of education, appointment, for provisions relating to schools and school
duties, etc., 1933/495 ; 1935/27 ; 1936/1654. funds in Aiken County.
1936/1654 should be consulted generally
225 Code of Laws of South Carolina § 5319-15
§ 5316. Allendale County — school finances.
See this section in 1934 Supplement.
§ 5316-1. Anderson County — school system.
County board of education, appointment, duties, etc., 1933/368.
§ 5317. Bamberg County — school system.
Transportation of school children — see section 5474.
§ 5317-2. Beaufort County — school system.
Beaufort high school district — trustees, 1930/1785.
§ 5318. Berkeley County — school system.
1932/1197 provides for transportation of Enrollment school children, 1934/1207.
school children, appointment or election of Trustees, high school district No. 10,
trustees, employment of teachers, bus school district No. 19, and school district
drivers, and other help. No. 16, 1936/1419.
§ 5319. Charleston County — school system.
School commissioners for city of Charles- Charleston County board of education ar-
ton may borrow on anticipated revenue of range for transportation and attendance of
school district no. 20, 1933/391. white pupils in school district No. 21 upon
Charleston County auditor levy and school in school district No. 11, 1934/1820.
collect school taxes in Charleston school See also section 5413.
district, 1934/1505.
§ 5319-1. Cherokee County — school system.
Tax levies for school purposes, 1936/1298. ville counties investigate tax returns — re-
Tax levy for library, school district No. port — duties of boards equalization, 1933/
10, 1936/1310, 1698. 774.
School trustees of Cherokee and Green-
§ 5319-2. Chester County — school system.
For transportation of school children, years in Chester County, 1933/407.
awarding of contracts, etc., see § 5474. Chester County board of education may
No increase in school levies in three insure school buildings, 1934/1278.
§ 5319-4. Edgefield County — school finances.
See this section in 1934 Supplement.
§ 5319-5. Fairfield County — school finances.
See this section in 1934 Supplement.
§ 5319-6. Florence County — school finances.
See this section in 1934 Supplement.
§ 5319-8. Greenville County — school system.
School trustees of Cherokee and Green- By 1932/1226, 1330, school districts of
ville counties investigate tax returns — re- Greenville County may borrow to operate,
port — duties of boards equalization, 1933/ Annual appropriation by Parker school
774. district, Greenville County, pay bonds is-
Special school taxes, 1933/114 ; 1934/1382 ; sued for school improvements, 1934/2004.
1936/1704 (section 5356 hereof).
§ 5319-10. Horry County — school system.
High school superintendents with trustees Transportation of school children — see
and county superintendent of education section 5474.
supervise grammar schools, 1936/1434.
§ 5319-11. Kershaw County — school system.
School trustees prepare and file budgets County board of education, appointment,
annually, expenditures limited, 1933/508. duties, etc., 1933/330; 1936/1710.
§ 5319-12. Lancaster County — school system.
1932/1434; 1935/416; 1936/1658, 1787, and election of trustees, etc.
should be consulted for provisions relat- County board of education, appointment,
ing generally to the financing of schools ; duties, etc., 1935/416.
transportation of children, appointment
§ 5319-13. Laurens County — school system.
County board of education, appointment, duties, etc., 1932/1386.
§ 5319-15. Lexington County — school system.
Annual levy support schools, Pelion school County board of education, appointment,
district No. 25, Lexington County, 1934/ duties, etc., 1933/21; 1935/127.
2278. See this section 1934 Supplement.
§ 5319-16 1936 Supplement 226
§ 5319-16. Marion County — school system.
See 1932/1321, 1933/553, 1935/404 for school trustees prepare and submit budgets,
provision providing for special taxes for payment of fees for high school pupils,
school purposes, disbursement thereof,
§ 5319-17. Pickens County^-school system.
County board of education, appointment, duties, etc., 1935/57.
§ 5319-22. Saluda County — school system.
Additional tax, Hollywood school district, Special tax levy, Fairfax school district,
Saluda County, 1936/2608. Saluda County, 1934/2179.
§ 5319-23. Sumter County — school system.
Contracts to transport school children, prepare and file budgets, 1932/1236, 1936/
1936/1330. 1330.
Trustees of the city schools of city of School district of the city of Sumter, see
Sumter required to secure deposits of 1932/1415.
school funds, 1932/1177, 1936/1379. Use of Board of education, school district No.
feinking funds by trustees of the city schools 17, 1936/1701.
of the city of Sumter, 1932/1177, 1936/1379. 1932/1415 and 1934/2200— school district
Trustees of Sumter County schools to of the city of Sumter.
§ 5319-24. Williamsburg County — school system.
Tax for school purposes, Williamsburg County, 1934/2212.
§ 5319-25. York County — school finances.
See this section in 1934 Supplement. York County, 1934/2230.
School levy, Ebenezer school district,
§ 5320. Clarendon County — school system.
Disbursement of school funds act, (1934/ Special levy in St. Paul school district
127.',), repealed oy 1936/1368. No. 4, Clarendon County, 1933/805.
§ 5320-A. Colleton County — school system.
See this section in 1934 Supplement.
§ 5320-B. Darlington County — school system.
County board of education, appointment, County, to support Darlington public li-
duties, etc., 1935/439. brary, 1932/1797.
County board of education fix budgets Tax levy for weak schools, 19SG/1442.
for operation of schools, 1935/370. Hartsville school district No. 32, borrow
Levy in school district No. 2, Darlington annually, 1936/1603.
§ 5320-C. Dillon County — school system.
County board of education, appointment, duties, etc., 1932/1117.
§ 5320-D. Dorchester County — school system.
Annual tax of four mills in certain school Annual tax, Harleyville school district
district, Dorchester County, 1934/1930. No. 9, 1930/1680.
Countv board of education, appointment. Annual tax, Harleyville school district
duties, etc., 1933/113. No. 9, 1936/1680.
§ 5320-E. Hampton County — school system.
Payment of school claims in Hampton Transportation of school children — see
County, 1932/1874. section 5474.
Preparation of school warrants, 1935/81.
§ 5320-F. Jasper County — school system.
For annual county school tax, teachers Tillman School District No. 5 added to
salaries and authority for schools to bor- Ridgeland Centralized High School Dis-
row, see 1933/531; 1934/1300; 1935/309, trict, 1934/1193.
1936/1693. The said 1933 act is cumulative Salary of supt. of schools, Ridgeland,
to § 5320-F. 1936/1693.
§ 5320-G. Marlboro County — school system.
Lower Marlboro high school district, etc., 1932/1366.
trustees, 1936/1792. Trustees report annually on finances and
Marlboro graded school district, trustees, teachers employed, 1934/1474.
§ 5320-1. Orangeburg County — school system.
Consolidate school district Nos. 46 and 1934/2148.
87 operate schools, 1936/1788. Tax levy, school district No. 26, 1936/
Orangeburg County pay school district 1788.
No. 47 portion of 2% county school levy,
227 Code of Laws of South Carolina § 5350
§ 5320-J. Spartanburg County — school system.
See 1933/566 for one mill levy for school County board of education, appointment,
purposes. duties, etc., 1935/384.
Tax for equalizing fund for high schools, Payment of bond interest and insurance
1936/1472. due by school districts, 1936/1709.
§ 5320-K. Union County — school system.
The following proviso was added to sub- bly." 1932/1412.
section 2 of this section: "Provided, That 1932/1478 limited the contractual rights
no tax shall be levied by the auditor on all of school trustees in Union County,
of the taxable property of Union County ex- The 6-0-1 School Law referred to in this
cept by and with the consent and under section was superseded by 1933/567.
the direction in writing of a majority in Clerk to county superintendent of educa-
number, including the Senator, of the Union tion, 1935/446.
County delegation in the general assem-
§ 5328. Expenses of county superintendents of education.
See this section in 1934 Supplement.
§ 5332. Duties of Oconee County superintendent of education. — Repealed
by 19S5 acts, page 365.
§ 5335. County board of education — of whom composed, etc.
Purchase of school maps by county 330, 1936/1710 ; Lancaster County, 1935/
boards of education. See § 5289-1 hereof. 416; Laurens County, 1932/1386; Lexing-
Appointment, duties, etc., county board ton County. 1933/21; 1935/127; Pickens
of education: Aiken County, 1933/495, County. 1935/57; Spartanburg County,
1935/27, 1936/1654; Anderson County, 1935/384; Sumter County (city board of
1933/368; Darlington County, 1935/439; education, school district No. 17), 1936/
Dillon County, 1932/1117; Dorchester 1701.
County, 1933/113; Kershaw County, 1933/
§ 5336. Dorchester County board of education.
See this section in 1934 Supplement.
§ 5341-1. Teach in schools receiving state aid detrimental effects upon
human system of drinking intoxicating liquors. — The superintendents, princi-
pals or other persons in charge and control of the grammar schools and/or
high schools in this state, which receive any state aid whatsoever, be au-
thorized, directed and required to teach or have taught in every grade in such
schools, the detrimental effect of the drinking of intoxicating liquors upon
the human system, for at least three scholastic periods per year. The state
board of education shall provide for the enforcement of the provisions of this
section. 1936 (39) 1339.
§§ 5339-5341, 1932 Code, should be consulted with this section.
§ 5343-B. Books and other necessaries for certain school children in Fair-
field County.
See this section in 1934 Supplement.
§ 5343-1. Teach traffic laws in state schools and colleges.
See this section in 1934 Supplement.
§ 5344. One mill school tax levy.
See this section in 1934 Supplement.
§ 5345. Distribution of proceeds.
See this section in 1934 Supplement.
§ 5346. Three mill tax — distribution.
See this section in 1934 Supplement.
§ 5347. Schools in textile communities aided from three mill tax on eight
grades — discretion of county board.
See this section in 1934 Supplement.
§ 5350. Counties to be divided into school districts. — * * * (1) Neither
the area nor boundary lines of any school district in Greenville County shall
be decreased, increased, altered, or changed in any way except by a majority
§ 5350 1936 Supplement 228
vote, by the electors of each of the school districts to be decreased, increased,
altered or changed in an election held in said school district for that purpose.
If it is desired to change the area or boundary line in any school district in
Greenville County, the change so desired shall be clearly explained to the
people of the said district and an election ordered, as in other elections now
provided by law, and if a majority voting vote for the change, and such
change does not conflict with the terms of our State Constitution, the change
shall be made. And no two or more school districts in Greenville County shall
be consolidated except by a majority vote in each of said districts voting in an
election held in said districts asking for such consolidation. 1936 (39) 1466.
(2) The county board of education of Cherokee County is hereby forbidden
from making any change whatsoever in the school district lines in said county
as now designated except by a majority of the votes of the residents of the
school districts affected by a proposed change in the line or lines. 1936 (39)
1709.
Paragraph 1 added by 1936/1466. 95, Article XI, this supplement.
Paragraph 2 added by 1936/1709. School district receiving and using
Area of school districts in Lexington property for which trustees gave a note, in
County not to exceed 50, nor less than 9 absence of fraud, is liable therefor. Home-
square miles, 1932/1483. Consolidation of stead Bank v. Best, 174 S. C, 522; 178 S.
school districts in Lexington County limited, E., 143.
1933/54. Area high school districts, see § 5608.
Area certain school districts, see Const.
§ 5356. How school districts may levy special school tax.
See this section in 1934 Supplement.
Taxes for school purposes by this section ; 1382, 1936/1704.
Charleston County, 1934/1591 ; Dorchester Election, Ellenton graded school district,
County (Harleyville school district), 1936/ Aiken and Barnwell Counties, on annual
1680; Greenville County, 1933/114, 1934/ four mill levy, 1934/1726.
§ 5359. School districts issue bonds — when. — The trustees of any school
district in the state of South Carolina are hereby authorized and empowered
to issue and sell coupon bonds of the said school district, payable to bearer,
in such denominations and amounts as they may deem necessary not to exceed
eight per cent, of the assessed valuation of the property of such school district
for taxation, and bearing a rate of interest not exceeding six per cent, per an-
num, payable annually or semi-annually, and at such times as they may deem
best : Provided, that the question of issuing the bonds authorized in this section
shall be first submitted to the qualified voters of such school district at an
election to be held upon the written petition or request of at least one-third of
the resident electors and a like proportion of the resident free-holders of the
age of twenty-one years, to determine whether said bonds shall be issued or
not, as herein provided: Provided, further, that before any election is held
hereunder it shall be the duty of the trustees of the school district to have a
survey of said school district made by some competent surveyor, and a plat
thereof made and filed in the office of the clerk of court, except in cases where
surveys have already been made and plats filed, and even in that event if there
has been any change in the boundary lines of such school district. Provided,
further, that the maximum percentage of assessed valuation as fixed above
shall not apply to Rosemary school district, in the county .of Georgetown, but
that in said school district the maximum percentage of assessed valuation of
property shall be eight per cent: Provided, further, that the trustees of any
school district of Fairfield County are hereby authorized and empowered to
issue and sell coupon bonds of the said school district under the provisions of
this section, and the laws of the state for not exceeding fifteen per cent of the
229 Code of Laws of South Carolina § 5369
assessed valuation of the real and personal property of said district : Provided,
further, that the trustees of any school district in Darlington County are here-
by authorized and empowered to issue and sell coupon bonds of the said
school district under the provisions of this section and the laws of the state
for not exceeding eight per cent, of the assessed valuation of the real and
personal property of said district: Provided, further, that any school district
now organized or hereafter organized in Chesterfield County may issue such
bonds in an amount not to exceed eight per cent, of the assessed valuation of
all the property in such district, Provided, further, that in school district
Laurens No. 11, of Laurens County, and school district Hunter No. 5, of
Laurens County, the trustees are authorized and empowered to issue and sell
coupon bonds of said school districts in such amounts as they may deem nec-
essary, not to exceed twelve per cent, of the assessed valuation of the property
of said school districts. 1935 (39) 294.
(1) Provided, that no bonds for school purposes shall be issued by Green-
ville County or by any school district within said county pursuant to the pro-
visions of this section unless and until the question of issuing bonds, au-
thorized in this section, shall first be submitted to the qualified voters of such
school district who return real or personal property for taxation within said
district and no such election shall be held except upon the written petition or
request of at least a majority of the resident electors, and a like proportion
of the resident free holders of the age of twenty-one (21) years to determine
whether said bonds shall be issued or not. 1933 (38) 114.
(2) Provided, further, that the question of issuing bonds as above author-
ized by the trustees of Jordan High school district no. 13 M, in Greenville
County, shall not be submitted to the qualified electors of said school district,
except upon the written petition or request by a majority of the trustees of said
school district being filed with the county board of education of said county,
and it shall not be necessary to have any written petition or request of the
resident electors and resident free holders as above provided for school dis-
tricts generally; such petition or request, filed by such trustees, shall state
the amount of bonds desired to be issued, and upon such petition or request by
such trustees being so filed, the said county board of education shall, as soon
as convenient, hold or cause to be held such election at which the question
of the issuance of such bonds, of an amount designated in said petition or re-
quest, shall be submitted to the qualified electors of said school district. If at
such election a majority of the voters voting therein shall vote for the issuance
of said bonds, then such bonds, of the designated amount, shall be issued ; with-
out a majority of said voters voting therefor, such bonds shall not be issued.
1936 (39) 1631.
Paragraph 1 added by 1933/114. Para- substituted "eight" for "four" on line 5;
graph 2 by 1936/1631. and added comma after "semi-annually"
This section amended by 1935/294, which on line 7.
§ 5362. How bonds shall be sold — special tax levy.
County libraries, etc., see section 7347, this Supplement.
§ 5365. How money shall be deposited.
See section 4225-2 this Supplement, which funds, Colleton County,
provides for the investment of sinking See this section in 1934 Supplement.
§ 5369. Appointment and election of school trustees.
For trustees of any particular county districts" in the general index,
consult such county in general index, as This section was amended by 1933/493.
.veil as looking under "schools and school For the changes made by the said 1933 act
§ 5369 1936 Supplement 230
a comparison of this section in the 1932 providing for election of school trustees in
Code with this section in 1934 Supplement Chesterfield County superseded by 1933/
is suggested. 239. See 1936/1637, 1933/239, and 1934/
Provisos one and two, 1934 Supplement, 3430 (§ 5523) for election of school
come from this section in 1932 Code, and trustees in Chesterfield County,
were not repealed by 1933/493. See this section 1934 Supplement.
The provisos to this section in 1932 Code
§ 5384. Powers and duties of school trustees.
See § 5478, this Supplement.
§ 5388. County boards of education set aside funds to aid in construction
of school buildings. — Repealed by 1934 acts, page 1600.
§ 5402. Employment of teachers, bus drivers and other employees in Berke-
ley County. — Sioperseded by 1932 acts, page 1197.
§ 5403. Contractual rights of school trustees, Spartanburg County.
Payment of bond interest and insurance due by school districts, 1936/1709.
§ 5404. Age of attendance. — * * * Provided further, that where a
pupil is in the graduating class and becomes twenty-one (21) years of age
before graduation, such pupil may be and is hereby permitted to complete the
said term if otherwise qualified to do so. 1935 (39) 427.
The above proviso added to this section, 1935/427.
§ 5413. Charleston County — school system.
§ 5413, subsection 14, amended by 1932/ of education.
1482, the county board of education was § 5413, subsection 7, amended by 1936/
authorized to promulgate its own teacher's 1706 providing for the trustees of Cooper
salaries instead of having to follow those River school district No. 4.
in 6-0-1 law; and the last proviso prior to By 1933/410, 1934/1259, the fifth
1932/1482 relating to district No. 10, Edisto year of the girls' high school of the city of
Island, omitted. Charleston (Memmiuger high school) was
Subsection 7, section 5413, amended by eliminated.
1935/229, which permitted county board of Penalities were provided upon delinquent
education extend transportation contracts taxes in the city of Charleston, 1933/255.
upon recommendation of trustees. Trustees for McClellanville high school,
Subsection 3, section 5413 amended by 1934/1595, 1936/1395.
1936/1341, which fixed the maximum num- See also § § 5319 and 5437.
ber of meetings each year for county board
§ 5413-1. Chester County — school system.
See this section in 1934 Supplement and § 5319-2 this supplement.
§ 5413-3. Chesterfield County — school system.
See this section in 1934 Supplement.
§ 5414. Georgetown County — school system.
Subsection IS was amended by 1932/1287. county board of education for Georgetown
The changes made were the general levy of County by the said act were to be ap-
8 mills for teachers' salaries was reduced to pointed by the Governor upon the recom-
6 mills ; the second additional county levy mendation of the senator and at least one
was increased from 2 to 4 mills. The fol- member of the house from said county,
lowing proviso was added to the said sub- The terms of office of the appointed mem-
section : "Provided, These funds shall be bers were to be designated by the Governor. '
used solely for the purpose of assisting The regular term of office was fixed at
weak schools, and then only when written four years. The board as constituted be-
approval shall have been obtained from fore the 1933 amendment was abolished.
a majority of the legislative delegation." 1936/1411 amending subsection 5, 12 and
Subsection 2 of this section was amended 20 enlarged the powers of the county board
by 1933/458. All of the members of the of education.
§ 5431. Students of schools to observe Arbor Day. — Repealed by 1934 acts,
page 1422.
§ 5437. Powers and duties of school board of city of Charleston.
The fifth year of girls' high school, city delinquent school taxes in the city of
of Charleston, eliminated by 1933/410; Charleston.
1934/1259. See also §§ 5413 and 5319.
See 1933/255 which provides penalties on
231 Code of Laws of South Carolina § 5472
§ 5438. Additional school tax in city of Charleston.
See this section in 1934 Supplement and also §§ 5319 and 5413 herein.
§ 5441. Board to appoint beneficiaries in state unversity. — Repealed by
1934 acts, page 1686.
§ 5472. State public library association. — (1) Directors. — There is hereby
created an association, to be known as the state public library association. A
board of directors of five members shall be appointed by the Governor, upon the
recommendation of the state superintendent of education, one for the term of
one year, one for the term of two years, one for the term of three years, one for
the term of four years, one for the term of five years and thereafter one shall
be appointed each year for a term of five years. The basis, conditions, classifi-
cations and qualifications for membership in said association shall be fixed by
the above board.
(2) Duty. — It shall be the duty of the said state public library association
to create public libraries over the entire state, and, acting through the board of
directors, it shall have the right to devise and carry into effect methods by which
public libraries may be extended to the rural districts of the State.
(3) Officers — Agents — Compensation. — The board of directors shall elect
a chairman and secretary annually. The secretary, if possible, shall be an ex-
perienced librarian of administrative ability, and shall be chosen either from
within or without the said board. Such other officers and agents as may be re-
quired may from time to time be chosen by the board. No member of the board
shall receive compensation for services.
(4) Finances — Districts — Standards for Service — Librarians, Etc. — The
board of directors shall have power and authority to receive funds derived from
gifts to the association, or membership fees, or from any private or public
source, and administer and disburse such funds in such manner as may in its
judgment best advance the objects above stated; to create districts of the state,
having such area as the board may deem proper, said districts being created for
the purpose of facilitating the establishment and maintenance of public libraries ;
to allocate funds at its disposal between the districts so or otherwise created;
to set standards for the library service rendered therein; to issue certificates
to librarians, or those desiring to become librarians, in accordance with standards
and under conditions prescribed by the board; and to take such other action
as may be deemed by it to be advisable or necessary to foster and encourage
the establishment and maintenance of adequate public library service within
the state of South Carolina.
(5) Public Libraries Furnish Information. — All public libraries shall fur-
;nish the board with such statistics of conditions and growth as the board shall
from time to time request.
(6) Establish and Maintain Libraries. — Within the districts determined by
the state library board of directors, the library board, by whatever name the
same may be designated, of any public county, township, school district or mu-
nicipal library may contract, in behalf of the political unit represented by such
local library board, to and with the state library board of directors and/or to
and with the library board of any other political unit, or any governmental
agency or instrumentality, in connection with matters touching the establish-
ment and maintenance of public libraries upon such terms as may be agreed
upon by the several contracting parties. Where there is no existing public li-
brary, the power to contract shall vest, as to a countj r , in the county board of
Commissioners and, as to a municipality, in the city or town council. Included in
§ 5472 1936 Supplement 232
the power conferred is the determination of basis and personnel of representa-
tion of the local political unit on such district library board as may be created.
If such shall be created, the said district library board shall have the same
power of contract in behalf of the district as is herein conferred upon the local
political unit : Provided, however, that in making such contracts the parties
thereto shall not exceed in obligation assummed the funds available or to be-
come available for the accomplishment of the objects sought, nor shall the credit
of the state or any political subdivision be pledged in the absence of statutory
authority. 1935 (39) 220.
See notes to § 7347 for certain libraries.
§ 5473. State census of children of school age.
See this section in 1934 Supplement.
§ 5474. Transportation of school children.
See this section in 1934 Supplement. ter County, 1936/1658 ; Sumter County,
Transportation of school children in: 1936/1330.
Abbeville County, 1935/91; Bamberg See § 1626, 1932 Code; § 1626-1, 1934
County, 1936/1335 ; Chester County, 1933/ Supplement ; and § 1626-2, this supplement,
407, 1936/1470, 1769; Hampton County, for regulations of school buses.
1935/83; Horry County, 1935/284; Lancas-
§ 5477-1. Places teachers board. — (1) School Officials not Designate. —
It shall be unlawful for any trustee of any public school or any superintendent or
other official thereof to require any teacher to board or live at any teacherage or
specified place. Provided that provisions of this bill shall not apply to the trus-
tees and superintendents of any public schools in Newberry County.
(2) Teachers Choose. — Each individual teacher shall have the right to
choose his or her boarding place, and in so doing his rights to teach shall not be
voided by the trustees of any such school board or superintendent or other of-
ficial.
(3) Penalty. — Any school trustee or superintendent who shall violate the
above provisions 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 be imprisoned for not less than ten (10) days nor more
than thirty (30) days, in the discretion of the court. 1936 (39) 1693.
This section added by 1936/1693.
§ 5478. State aid for public schools. — (1) Pay Salaries School Teachers
for Seven Months — Requirements of Schools Receive. — The General Assem-
bly shall make sufficient appropriation to pay the salaries of all school teachers
in the public schools on the basis and for the length of term of seven (7) months
in the elementary and high schools in the state. Provided, However, That no
school in any school district shall continue open for a longer period of time than
that fixed by the board of trustees in the district where such school is located,
or the county board of education in any county which may operate under a
county unit plan. No school shall receive any benefits under the provisions hereof
which does not have the minimum enrollment and average daily attendance, for
the previous scholastic year, fixed in the schedules below. In two teacher high
school the minimum enrollment shall be 32, with an average daily attendance of
28 ; in a three teacher high school the minimum enrollment shall be 50, with an
average daily attendance of 44; in four teacher high schools the minimum en-
rollment shall be 83, with an average daily attendance of 66 ; in five teacher high
schools the minimum enrollment shall be 110, with an average daily attendance
of 88; in six teacher high schools the minimum enrollment shall be 138, with an
average daily attendance of 110 ; in seven teacher high schools the minimum en-
233 Code of Laws of South Carolina § 5478
rollment shall be 168, with an average daily attendance of 134 ; in eight teacher
high schools, the minimum enrollment shall be 200, with an average daily atten-
dance of 160; in nine teacher high schools the minimum enrollment shall be 234,
with an average daily attendance of 187 ; in ten teacher high schools the min-
imum enrollment shall be 270, with an average daily attendance of 216 ; in eleven
teacher high schools the minimum enrollment shall be 308, with an average daily
attendance of 246 ; in twelve teacher high schools the minimum enrollment shall
be 348, with an average daily attendance of 278 ; in all high schools with more
than twelve teachers the minimum enrollment shall be thirty (30) pupils for
each teacher and have an average daily attendance of twenty-five (25) pupils
for each teacher. In a one teacher elementary school the minimum enrollment shall
be 20, with an average daily attendance of 15 ; in a two teacher elementary school
the minimum enrollment shall be 40, with an average daily attendance of 32 ; in
a three teacher elementary school the minimum enrollment shall be 75, with an
average. daily attendance of 60; in four teacher elementary schools the minimum
enrollment shall be 105, with an average daily attendance of 84 ; in five teacher
elementary schools the minimum enrollment shall be 140, with an average daily
attendance of 112; in six teacher elementary schools the minimum enrollment
shall be 175, with an average daily attendance of 140 ; in seven teacher ele-
entary schools the minimum enrollment shall be 210, with an average daily at-
tendance of 168 ; in eight teacher elementary schools the minimum enrollment
shall be 248, with an average daily attendance of 200 ; in nine teacher elemen-
tary schools the minimum enrollment shall be 288, with an average daily at-
tendance of 230 ; in ten teacher elementary schools the minimum enrollment shall
be 330; with an average daily attendance of 264; in eleven teacher elementary
schools the minimum enrollment shall be 374, with an average daily attendance
of 300; in twelve teacher elementary schools the minimum enrollment shall be
420, with an average daily attendance of 366 ; in all elementary schools with
more than twelve teachers the minimum enrollment shall be 36 pupils for each
teacher, and have an average daily attendance of 30 pupils per teacher. The
enrollment and average daily attendance for state aid for the school year shall
be based on any seven successive months of the previous school year: Provided,
That if any one and/or two teacher school fails to maintain the minimum sched-
ule herein provided, it shall participate only in proportion to the enrollment
and average daily attendance maintained: Provided, Further, That no one
teacher school shall be deprived of the benefits hereof where such school fails
to meet the minimum requirements of enrollment and average daily attendance,
and it is impractical to consolidate the said school with some other school be-
cause of mountains, rivers, islands, swamps, or other natural causes. The county
board of education in which said school is located to be the competent judge in
such case. Provided, Further, That no person who teaches less than four periods
daily of forty-five minutes each shall receive any pay under the provisions
hereof, except the superintendent of a school system employing more than ten
(10) teachers.
(2) "School" Defined. — For the purpose hereof a school shall be con-
strued to mean all pupils of a race legally enrolled within a school district ; Pro-
vided, that in rural districts where more than one school for any one race is
established the enrollment for each school shall be considered a separate unit
when such school has been approved by the state board of education. 1935 (39)
243.
§ 5478 1936 Supplement 234
(3) Maximum Salary Schedule — Allowance for Supervision or Inciden-
tals. — The maximum annual salaries of teachers paid by the state shall not ex-
ceed the respective amounts specified below :
Teachers holding first grade certificates, $588.00 ; Provided, that in no school
shall the average salary exceed $525.00 per annum for teachers in this class.
Teachers holding second grade certificates, $350.00; Provided, that in no
school shall the average salary exceed $315.00 per annum for teachers in this
class.
Teachers holding third grade certificates, $210.00 ; Provided, that in no school
shall the average salary exceed $175.00 per annum, for teachers in this class.
Provided, further, that in no case shall the monthly salary paid by the state
exceed the monthly salary paid by the county or local school district from coun-
ty or school district tax funds for any month beyond the state-supported term.
Provided, further, that it shall be unlawful for a board of trustees or any teacher,
to enter into a contract or agreement directly, or by subterfuge, or any indirect
means, to use any portion of the money appropriated for paying salaries pur-
suant to the terms of this section, for the purpose of extending the term herein
provided. The state treasurer and comptroller general, on request of the state
superintendent of education, shall withhold all state aid, for the scholastic year
in which such violation occurs, from any school district whose trustees wilfully
violate the terms of these provisions. Provided, a school district niay appeal
from the decision of the state superintendent of education to the state board of
education.
Each school is also allowed for supervision or incidentals seven (7%) per
cent of the amount payable to it for salaries under the terms of this section : Pro-
vided, further, That in any school the board of trustees, or the county board of
education in all counties which operate under the unit plan, in their discretion
may run the schools for a period of time longer than provided for herein, employ
additional teachers and pay salaries in excess of the amount fixed in the above
schedule, but the money required to prolong the school session and/or to pro-
vide for excess salaries or other expenses shall be provided either by the dis-
trict or the county in which the same is situated or by both.
(4) Three Mill Levy — Apportionment — Disbursement. — The existing
county board of commissioners of the several counties, or such officer or officers,
as may hereafter be vested with the same or similar powers and duties, shall levy
an annual tax of three mills on the dollar upon the taxable propert}- in their re-
spective counties, which tax shall be collected at the same time and by the same
officers as the other taxes for the same year, and shall be held in the county
treasuries of the respective counties ; and the said funds shall be apportioned an-
nually among the school districts of the counties in proportion to the number of
pupils enrolled in the public schools of the respective districts for the preceding
school year ; and the trustees, or county board of education, as the case may be,
shall expend and disburse the same in the respective districts for educational
purposes. For the purpose of this subsection an "enrolled pupil" shall be one
who has attended a public school in this State for at least ten school days.
(5) Additional Taxes — Special Levies. — Before any additional tax is levied
in any school district or counties for school purposes, the question of levying
such tax shall first be submitted to the qualified electors of such school district
or county as now provided by law: Provided, however, That nothing herein con-
tained shall be construed to prevent any county delegation to the General As-
sembly from providing special levies for school purposes by legislative enactment.
235 Code of Laws of South Carolina § 5478
So much of section 5479, Code of Laws of South Carolina, 1932, providing
for a levy of four mills for the purpose of paying teachers' salaries is hereby re-
pealed ; and all existing special tax levies in all counties and all school districts
within the state, for the purpose of paying teachers' salaries and other expenses
may be reduced as deemed advisable by local boards of trustees and the county
boards of education and by the senator and half of the members of the house
of representatives of the respective counties: Provided, that no tax levy for re-
tiring any bonds or other indebtedness of such school district shall be affected
hereby : Provided, that in the county of Charleston the following levies shall be
retained and levied annually for county and school district purposes, to wit:
in the school district comprising the city of Charleston, known as school district
No. 20, all present special and district school levies shall be retained, and in
place of the four mill levy repealed herein there shall be annually levied here-
after four mills in said district for the school purposes of said district, and in
all other school districts in the county of Charleston all present special and dis-
trict school levies shall be retained, and in place of the four mill levy repealed
herein there shall be annually levied hereafter four mills in said district for the
school purposes of the said district: And, provided, further, that in the county
of Dorchester any present special and district school levies shall be retained and
in place of the four mill levy repealed herein there shall be annually levied here-
after four mills in all school districts in said county of Dorchester for the school
purposes of said district : Provided, that one mill school levy in Chester County
shall be levied annually and retained for county and school district purposes:
Provided, that the provisions of this section shall in no way repeal, interfere with
or affect the provisions of act No. 890 of the acts of the General Assembly of
1928, relating to Fairfield County : Provided, further, that in the counties of
Bamberg, Berkeley, Calhoun, Chesterfield, Colleton, Darlington, Dillon, Edge-
field, Laurens, Oconee, Marion, Pickens, Williamsburg and York the senator and
at least half of the members of the house shall have power to regulate special
district levies the method of handling school funds, and to provide a uniform
millage for financing the school in said counties.
(6) Appropriations. — There is hereby appropriated annually in addition to
the amounts appropriated for public schools in the state appropriation bill each
year the sum of $893,000.00 from the income taxes ; all of the revenues yielded
by the imposition of additional corporation license fees imposed by § 2690-1;
all of the revenues derived from the sale of permits to sell beverages as pro-
vided in section 2557-1.
(7) Disbursement to Counties. — The comptroller general shall issue his
warrants monthly to the county treasurers of the respective counties for such
amount of state school aid as may be on hand, available for, and applicable to,
the payment for state school aid due the respective counties, under the provi-
sions hereof, and said warrants shall be paid by the state treasurer upon presen-
tation of same. In making the payments provided herein there shall be deducted
from the amount accruing to the respective counties a sum of money equal to
the amount to be raised in the county under the three mill constitutional school
levy as provided in subsection 5 hereof.
(8) County Superintendents Make Monthly Eeports. — Each county su-
perintendent of education shall, at the end of each school month, report to the
state superintendent of education the enrollment and average attendance at-
tained in each school of the respective counties for the month just preceding;
and the state superintendent of education and comptroller general are hereby
§ 5478 1936 Supplement 236
authorized and directed to withhold state aid funds from any school until such
report has been received by the state superintendent of education. On or before
May 1st of each year the state superintendent of education, from the monthly re-
ports, shall determine the number of teachers for which state aid shall be sup-
plied in the respective counties for the succeeding school year.
(9) State Finance Committee Borrow in Anticipation of Revenue. — The
state finance committee, composed of the Governor, comptroller general and the
state treasurer are hereby authorized and empowered to borrow in each year
in anticipation of the receipt of revenues provided herein for school aid, such
sum or sums as may be necessary to pay any portion of the amounts appropriated
herein and becoming due to the respective counties of the state prior to the col-
lection thereof, said notes shall be issued in such form and manner as the state
finance committee may elect, and, when issued, are hereby declared to be current
obligations of the state of South Carolina : Provided, That in lieu of borrowing
as provided herein, the comptroller general may issue his warrant against the
general fund in the treasury when it appears that sufficient funds are available
therein, and the state treasurer shall pay the same as provided in subsection 7.
Said withdrawals from the general fund, if made, shall constitute a loan to the
school aid fund from the general fund, the same to be repaid when revenues
provided for school aid are collected. The proceeds of said loan or loans shall be
paid to the respective counties for school aid to the respective counties as pro-
vided in subsection 7. 1933 (38) 567; 1934 (38) 1562, 1651, 1442, 1221, 1340;
1935 (39) 133, 243, 467.
Section 5478, 1932 Code, repealed by 1934/1340 (which repealed four mill school
1933/567. levy, Dorchester County) and consequently
The present section 5478 comes from the the proviso relating to Dorchester County,
1933 repealing act, and 1934/1562, 1651; which was repealed by 1934/1340, was re-
1442, 1221, 1340; 1935/133, 243, 467. enacted, and the provisions relating to
1935/133 amending subsection 7 of act school levies in certain school districts,
406, 1933 acts (second paragraph, sub- Anderson County, were omitted. Subsection
section 5, present § 5478), made no ref- 5 hereof appears as it was enacted by 1935/
erence to 1934/1442 (school levies in 133.
certain districts, Anderson County) and
§ 5479. Tax — use of constitutional tax — local tax for additional month.
See this section in 1934 Supplement.
§ 5480. Salary schedules in accredited schools. — Repealed by 1933 acts,
page 567.
§ 5481. Salary schedules in schools not accredited. — Repealed by 1933 acts,
page 567.
§ 5482. Excess salaries. — Repealed by 1933 acts, page 567.
§ 5483. Requirements for accredited high schools. — Repealed by 1933 acts,
page 567.
§ 5484. Requirements for other schools. — Repealed by 1933 acts, page 567.
§ 5485. Operation period of grammar school.
See this section in 1934 Supplement.
§ 5486. Pupils from other districts.
See this section in 1934 Supplement.
§ 5487. Forms and blanks.
See this section in 1934 Supplement.
§ 5488. Powers of state board of education.
See this section in 1934 Supplement.
§ 5489. Annual appropriation — disbursements — reports — local levies.
See this section in 1934 Supplement.
237 Code of Laws of South Carolina § 5528
§ 5490. Pupils from other districts — payments for extra term.
See this section in 1934 Supplement.
§ 5491. Local bond issues or tax levies not affected.
See this section in 1934 Supplement.
§ 5491-1. High schools running 900 school hours in not less than 160 school
days entitled to benefits of § 5478.
See this section in 1934 Supplement.
§ 5496. School trustees, Abbeville County.
See this section in 1934 Supplement.
§ 5501. Election of school trustees in school district no. 49, Aiken County.
County board of education appoint vacancies, 1936/1654.
trustees when there are no candidates for
§ 5502. Election of school trustees in school districts nos. 30 and 45 of
Aiken County.
See notes to § 5508.
§ 5503. Election of school trustees in school district no. 29, Aiken County.
See notes to § 5508.
§ 5504. Number of trustees in Windsor school district, Aiken County.
See notes to § 5508.
§ 5505. Election of trustees in school district no. 11, Aiken County.
See notes to § 550S.
§ 5506. Election of trustees for Monetto school district no. 34 and Schultz
school district 48, Aiken County.
See notes to § 5508.
§ 5507. McTier school district no. 40, Aiken County, to elect trustees.
See notes to § 5508.
§ 5508. School trustees, Aiken County.
Trustees, Aiken school district No. 1, point trustees when there are no candidates
1935/411. County board of education ap- for vacancies, 1936/1654.
§ 5508-1. School trustees, Allendale County.
See this section in 1934 Supplement.
§ 5511-1. School trustees, Bamberg County.
Number of school trustees for Ehrhardt school district number 22 increased, 1935/457.
§ 5513-1. Trustees for New Forest school district, Barnwell County.
See this section in 1934 Supplement.
§ 5514-1. School trustees, Barnwell County.
Trustees, Tinker Creek school district, Election of certain school trustees,
election, 1936/1392. 1935/92.
§ 5517. School trustees in school district no. 4, Calhoun County.
See this section in 1934 Supplement.
§ 5520. School trustees, Cherokee County.
See this section in 1934 Supplement.
§ 5523. School trustees, Chesterfield County.
Election of school trustees, 1935/239 ; See this section, 1934 Supplement.
1934/1430; 1936/1637.
§ 5524. Trustees in school district no. 20, of Clarendon County.
See this section in 1934 Supplement.
§ 5525. Trustees in Midway school district no. 14, Clarendon County.
See this section in 1934 Supplement.
§ 5527. Trustees in Gable school district, Clarendon County.
See this section in 1934 Supplement.
§ 5528. School trustees, Colleton County.
School trustees, election, 1935/347. 1936/1577.
Trustees, Ruffin school district No. 26, See this section, 1934 Supplement.
§ 5531 1936 Supplement 238
§ 5531. School trustees, Darlington County.
Selection of certain school trustees, 1935/377, 1936/1598.
§ 5533. School trustees, Dorchester County.
See this section in 1934 Supplement.
§ 5537-1. Special school district no. 14, Fairfield County.
See this section in 1934 Supplement.
§ 5538. Consolidation of Mitford school district no. 20 and Buck Lick school
district no. 5, Fairfield County — appointment of trustees.
See this section in 1934 Supplement.
§ 5539. School trustees, Florence County.
Sec this section in 1934 Supplement. Trustees, Gaskin school district No. 50,
Trustees, Scranton school district No. 49 1936/1383.
and Othello school district No. 27, 1935/419. Trustees, Sardis school district No. 12,
Trustees, Johnsonville school district No. 1936/1344.
55, 1936/1347.
§ 5542. Election of school trustees in school district 12, Florence County. —
Repealed by 1936 acts, page 1344.
See § 5539 hereof.
§ 5545. School trustees, Georgetown County.
See this section in 1934 Supplement.
§ 5546. School trustees in Rosemary school district no. 8-A, Georgetown
County.
See this section in 1934 Supplement.
§ 5547. Consolidated Parker school district no. 8-A, Greenville County.
See 1934/1506 and 1935/132 which amended subsection 2 hereof.
§ 5550. School trustees, Greenville County.
Each candidate for school trustee give notice of candidacy, 1936/1613.
§ 5551. School trustees, Greenwood County.
Trustees, Ninety-Six school district No. 13, 1936/1664.
§ 5552-1. School trustees, Hampton County.
Trustees, Hugging Oak school district No. of trustees for Cleland School District.
20, 1936/1394. See this section in 1934 Supplement.
See 1933/535 which provides for election
§ 5557. School trustees, Horry County.
This section amended by 1934/1387 ; 1936/1705.
§ 5561. Trustees, school district no. 22, Kershaw County.
See 1936/1606, 1753 for trustees, school district No. 22, Kershaw County.
§ 5562. Trustees, school district no. 40, Kershaw and Lancaster Counties.
See notes to § 5562-1.
§ 5562-1. School trustees, Lancaster County.
Trustees. Buford high school district No. pointment and election of trustees,
33, 1935/223. 1936/1658 provides for ap- Lancaster County.
§ 5563. Election of school trustees in district no. 15 Lancaster County.
See notes to § 5562-1.
§ 5564. Election of trustees for Pleasant Hill school district no. 31, Lan-
caster County.
See notes to § 5562-1.
§ 5565. Election of trustees in school districts no. 5 and no. 22, Lancaster
County.
See notes to § 5562-1.
§ 5566. Election of school trustees, school district no. 11, Lancaster County.
See notes to § 5562-1.
§ 5567. School trustees, Laurens County.
See 1935/408 which reenacts portions of Trustees, Cross Hill school district, 1935/
this section and provides for trustees, 102.
Hunter school district No. 5. See this section, 1934 Supplement.
239 Code of Laws of South Cakolina § 5595
§ 5571. School trustees, Lexington County.
This section, 5571, as it appeared in the 45 and Fairview School District No. 27,
1932 Code was superseded by 1932/1157, Lexington County, was also superseded by
1933/226. The said 1932 act was amended 1932/1157 ; 1933/226.
by 1933/161. The section number is re- See 1933/226 and 1935/127 for appoint-
tained for convenience. § 5572, providing ment, term, powers, duties, etc., of school
for trustees for Irmo School District No. trustees in Lexington County.
§ 5572. School trustees, Lexington County.
This section as it appeared in 1932 Code in Lexington County. See also 1933/132
was superseded by 1932/1157, 1933/226. which amended this section.
The said 1932 act was amended by 1933/ See this section in 1934 Supplement and
161. See 1933/226 and 1935/127 for appoint- preceding section herein,
ment, term, powers, etc., of school trustees
§ 5573. School district no. 45, Lexington County.
See § 5571, this Supplement. See this section in 1934 Supplement.
§ 5575. School trustees, Marion County.
See this section in 1934 Supplement.
§ 5575-A. Marlboro graded school district, Marlboro County.
See this section in 1934 Supplement.
§ 5576. School trustees, Newberry County.
See this section in 1934 Supplement.
§ 5577. School trustees, Oconee County.
See this section in 1934 Supplement.
§ 5579. School trustees, Orangeburg County.
See this section in 1934 Supplement.
§ 5581. Claims against school districts of Orangeburg County.
See this section in 1934 Supplement.
§ 5582. School trustees, Pickens County.
1933/83 providing for term, etc., for 1935/58. See 1935/58, 1936/1403 for ap-
trustees for Pickens County repealed by pointment, election, etc., of school trustees.
§ 5587. School trustees, Spartanburg County.
See this section in 1934 Supplement.
§ 5587-1. School district of the city of Sumter, Sumter County.
See this section in 1934 Supplement.
§ 5588. Election of school trustees in Jonesville school district of Union
County.
See this section in 1934 Supplement.
§ 5589-1. School trustees, Williamsburg County.
See this section in 1934 Supplement.
§ 5591. Appointment of trustees, Kingstree school district no. 16, Wil-
liamsburg County.
For trustees, Kingstree school district No. 16, see 1935/64.
§ 5593. School trustees, York County.
§ 5993, 1932 Code, superseded by 1932/ By 1933/433 the number of trustees for
1338, which provides for Clover school dis- Bethel school district No. 3 was increased
trict No. 37, York County. This section to five. The 1932 act (1932/1157) was
number is retained for convenience. amended by 1933/161 ; however it did not
See 1932/1157 for election of school affect the trustees in York County,
trustees in York County. §§ 5594 and 5595 Trustees, Fort Mill school district No.
ehould be consulted in connection with the 28, 1935/350.
said 1932 act.
§ 5594. Trustees in school district no. 21, York County.
See this section in 1934 Supplement
§ 5595. Election of trustees in school district no. 15, York County. — Re-
pealed by 1936 acts, page 1424.
See § 5593, this Supplement.
§ 5598 1936 Supplement 240
§ 5598. Establishment.
See this section in 1934 Supplement.
§ 5608. Area of districts.
See notes to section 5350 hereof.
§ 5624. Capital charge and regulation of the attendance of non-resident
high school pupils attending the accredited high schools of Colleton County. —
Repealed by 1932 acts, page 1491.
§ 5628. Cross Hill high school district, Berkeley County. — (3) Trustees.
See § 5318 which provides the number Berkeley County.
and manner of electing school trustees in
§ 5629. Bonneau high school district, Berkeley County. — (2) Trustees.
See § 5318 which gives the number and in Berkeley County,
provides for the election of school trustees
§ 5630. Macedonia high school district, Berkeley County. — (2) Trustees.
See § 5318 which provides the number Berkeley County,
and manner of electing school trustees in
§ 5632. St. Stephens high school district, Berkeley County. — (2) Trustees.
See § 5318 which gives the number and in Berkeley County,
provides for the election of school trustees
§ 5635. Pageland centralized high school district, Chesterfield County.
See this section in 1934 Supplement.
§ 5636. Area of Jefferson centralized high school district, Chesterfield
County, extended.
See this section in 1934 Supplement.
§ 5638. Lower Colleton high school district, Colleton County. — Repealed by
1932 acts, page 1491.
§ 5643. High school districts, Horry County.
1934/1420 authorizing taxes for needy schools repealed by 1935/146.
§ 5648. Buford high school district, Lancaster County.
Trustees, Buford high school district No. ment, 1935/223.
13, Lancaster County, nomination, appoint-
§ 5651. Centralized high school district at Swansea, Lexington County. —
This section ivas superseded by 1932 acts, page 1157.
See § 5571, which provides for election of trustees.
§ 5661. Trustees for Bethany high school district no. 2, York County. —
Superseded by 1932 acts, page 1157.
Article 10 — Junior College Courses
§ 5696-1. Junior college courses in public schools. — (1) District School
Boards Establish and Maintain Junior College Courses on Favorable Elec-
tion Therefor. — The school board of any independent or special school district,
when authorized by a three-fourths vote of the district so to do, may establish
and maintain a department of junior college work, to consist of not more than
two years' work beyond a four-year high school course.
(2) Existing Junior Colleges. — Where a junior college has been heretofore
established and is now being maintained in any independent or special school
district, the same is hereby legalized and made effective as fully as if established
under and pursuant to the provisions hereof.
(3) Powers of State Department of Education over. — The state depart-
ment of education shall have the same supervision, control and powers over a
junior college when established hereunder as it now has over other departments
of the public school system.
241 Code of Laws of South Carolina § 5696-1
(4) Establish, Maintain or Discontinue Junior College in School Dis-
tricts, Whose Limits Are Coextensive with Limits of City of 5,000 — Elec-
tion — Tuition. — In any school district in this state, whose limits are coextensive
with the limits of any city of five thousand inhabitants or more, the school
board, when authorized to do so by the majority vote of the electors of any such
school district voting on the proposition, may establish, maintain or discontinue
a junior college, to consist of not more than two years ' of college work beyond a
four-year high school course, and may charge such tuition fees for instruction
in such junior college as shall be fixed by any such school board.
(5) Powers of State Department of Education over Such Colleges —
Physical Equipment. — The state department of education shall have the same
supervision, control and powers over any such junior college, when established
hereunder, as it now has over other departments of the public school system of
this state. Any such school board shall have authority to make use of any exist-
ing school buildings, or school equipment, or may provide any necessary build-
ing or buildings or equipment, for the establishment and maintenance of any
such junior college.
(6) Establishment and Maintenance. — In the establishment and mainte-
nance of such junior college courses, the following provisions shall be observed :
(a) Application on the part of any school to be classified as a junior college
shall be made by the school board to the state department of education not later
than July first, of the first year for which a school seeks such classification and
shall be accompanied by the curricula to be maintained.
(b) Each applicant shall be visited by a representative of the state depart-
ment of education, who shall make a report to the state board of education as a
basis for its action upon the application at the next regular meeting.
(c) Each applicant will be notified promptly as to the action taken by the
state board.
(d) A junior college shall be a public school providing one or more two-year
courses beyond the eleventh year of the public school course. It shall be located
in a school district which maintains an accredited high school, and such district
shall employ a junior college dean, and at least the equivalent of two junior
college teachers who, together with the superintendent, shall constitute the
faculty of the junior college.
(e) A junior college shall be maintained only when the district assessed valua-
tion exceeds one million ($1,000,000.00) dollars.
(f ) The superintendent shall administer and exercise general supervision over
the junior college and shall make such reports as the superintendent of educa-
tion may require.
(g) The superintendent shall examine the certification of all persons under
consideration as teachers in the junior college, and recommend for employment
only such persons as are found to be fully qualified in accordance with the stand-
ards established by the state board of education. He shall also keep a record of
such certification and, on or before October first of each year, shall transmit
a copy of this record to the state department of education.
(h) The building space available for this use shall be modern, adequate and
well adapted to the needs of the work to be undertaken.
(i) There shall be provided a general and reference library, well chosen and
adequate for the course offered and for the enrollment in the junior college.
(j) Suitable laboratory space and equipment shall be provided for such ad-
vanced work in the natural sciences as is included in the courses offered.
§ 5696-1 1936 Supplement 242
(k) The superintendent shall prescribe the duties of the dean and such duties
may be made to include instruction, organization, classification, discipline and
management of the junior college.
(1) The junior college year shall consist of at least nine months, or thirty-six
weeks.
(m) Students shall be limited to the two following classes: (1) Regular stu-
dents, who have completed, in a satisfactor}' manner, a full high schol course or
its equivalent. (2) Special students, who wish to pursue special courses of col-
lege rank, and who are deemed by the local authority fully qualified to do so.
(n) No school board shall, under any conditions, issue to any person a cer-
tificate or diploma showing the completion of a junior college course except upon
recommendation of the superintendent; and a two-year certificate or diploma
shall be recommended only ; upon the completion in a creditable manner of at
least sixty semester hours, or its equivalent, in a course approved by the state
department of education.
(o) The minimum length of a recitation period shall be fifty minutes.
(p) The dean and instructors in a junior college shall have the following
qualifications: (1) Scholastic training, at least an A.B. or B.S. degree, or its
equivalent, from a college recognized as fully entitled to confer such degree.
(2) Professional training, at least eighteen semester hours in education. (3)
These qualification standards are not to be interpreted as retroactive in their
application to present instructors in any school district heretofore maintaining
a junior college.
Provisions of this section shall not apply to Greenville County or to any
school district or districts therein.
(7) Not to Receive State Aid. — No state aid for public schools shall be al-
located to any junior colleges to be established hereunder. 1935 (39) 490.
This section added by 1935/490.
§ 5710. Tuition fees — scholarships — student activities fees.
See this section in 1934 Supplement.
§ 5711. Orphan children whose fathers were soldiers and died in the world
war exempted from payment of tuition in state supported schools — appropri-
ation.
See this section in 1934 Supplement.
§ 5712. Tax commission to examine financial condition of persons liable
for support of applicants for free tuition. — Repealed by 1933 acts, page 650.
§ 5712-1. Broadcast by radio athletic events participated in by state in-
stitutions of higher learning.
See this section in 1934 Supplement.
§ 5712-2. Charge for diplomas.
See this section in 1934 Supplement
§ 5713. Trustees — election — term — compensation. — The board of trustees
of the University of South Carolina shall be composed of the Governor of the
state, state superintendent of education, and the chairmen of the committees on
education of the Senate and House of Representatives, who shall be members
ex officio of said board, and fourteen other members, one from each judicial
circuit in this State, to be elected by the general vote of the General Assembly as
hereinafter provided. In the first election, the terms of office of those elected
shall be as follows : those elected from the 1st, 3rd, 5th, 7th, 9th, 11th, and 13th
judicial circuits shall be for a term of two years; and those elected from the
2nd, 4th, 6th, 8th, 10th, 12th and 14th judicial circuits shall be for a term of
243 Code of Laws of South Carolina § 5744-2
four years. In all subsequent elections, the regular terms of office of all elective
members of the aforesaid board of trustees shall be for a term of four years.
The terms of elective members of said board shall date from the 1st day of
April, 1936, and the General Assembly shall hold elections every two years to
fill vacancies as they occur. In case a vacancy or vacancies should occur in said
board, the Governor is hereby empowered to fill same by appointment until the
nest session of the General Assembly. Each member of said board shall receive
as compensation for his services when in attendance upon the meetings of the
board his actual expenses. 1935 (39) 381.
The elective members of the board in- tricts provided for each of said members,
creased from seven to fourteen ; and dis- 1935/381.
§ 5724. Room rent — use of library — property damage.
See this section in 1934 Supplement.
§ 5725. Courses.
See this section in 1934 Supplement.
§ 5728. Women students.
See this section in 1934 Supplement.
§ 5732. Board of trustees — election — term — compensation — powers and
duties — tuition.
See this section in 1934 Supplement.
§ 5744-1. Legislature gives assent to act of Congress providing for agri-
cultural research ; development of cooperative agricultural extension work ; and
endowment and support of land-grant colleges — use of grants. — The assent of
the Legislature of the state of South Carolina, required by "An Act to provide
for research into basic laws and principles relating to agriculture and to provide
for the further development of cooperative agricultural extension work and the
more complete endowment and support of land-grant colleges," approved June
29, 1935 (Public No. 182 — 74th Congress), is hereby given to the provisions and
requirements of said act, and the trustees of the Clemson Agricultural College
are hereby authorized and empowered to receive the grants and to use them for
the benefit of the state of South Carolina in accordance with the terms and
conditions expressed in the act of Congress aforesaid : Provided, that the grants
for the more complete endowment and support of land-grant colleges shall be
equally divided between the Clemson Agricultural College and the Colored
Normal, Industrial and Agricultural College as now provided by law. 1936 (39)
1448.
§ 5744-2. Legislature assent to "Soil conservation and domestic allotment
act" — Clemson Agricultural College carry out provisions thereof in 'presenting
state plans, administering, receiving and disbursing grants thereunder. — The
assent of the legislature of the state of South Carolina, required by "An Act
to promote the conservation and profitable use of agricultural land resources
by temporary federal aid to farmers and by providing for a permanent policy
of federal aid to states for such purposes"; (Public No. 461, 74th Congress),
approved by the President, February 29, 1936, is hereby given to the provisions
and requirements of said act, and the trustees of the Clemson Agricultural
College are hereby authorized and empowered; (1) to receive the grants and use
them for the benefit of the state of South Carolina in accordance with the terms
and conditions expressed in the act of Congress and as it may be hereafter
amended by Congress, and in accordance with such rules and regulations as may
be prescribed by the secretary of agriculture under the authority delegated to
him by Congress in the act; (2) to submit to the secretary of agriculture prior
to such time and in such manner and form as the secretary prescribes a state
§ 5744-2 1936 Supplement 244
plan to effectuate the purposes of the soil conservation and domestic allotment
act for the year to which such plan is applicable; (3) to provide for such
methods of administration and such participation in the administration of the
plan by county and community committees or associations of agricultural pro-
ducers organized for such purpose as the secretary of agriculture finds necessary
for the effective administration of the plan; (4) to provide for the submission
to the secretary of agriculture of such reports as he finds necessary to ascertain
whether the plan is being carried out according to its terms and for compliance
with such requirements as the secretary may prescribe to assure the correctness
of and make possible the verification of such reports; (5) to submit to the
General Assembly of the state of South Carolina an annual report for each year
covering the administration and operation of such plan. 1936 (39) 1531.
§ 5765. One hundred and sixty-seven scholarships created in Clemson Col-
lege. — He pealed by 1934 acts, page 1686.
§ 5766. How scholarships awarded. — Repealed by 1934 acts, page 1686.
§ 5767. Manner of conducting examinations. — Repealed by 1934 acts, page
1686.
§ 5768. How scholarships paid. — Repealed by 1934 acts, page 1686.
§ 5769. One year beneficiary scholarships for Clemson College. — Repealed
by 1934 acts, page 1686.
§ 5770. Who eligible.— Repealed by 1934 acts, page 1686.
§ 5771. Board of education to appoint. — Repealed by 1934 acts, page 1686.
§ 5772. How scholarships to be paid — term of scholarship. — Repealed by
1934 acts, page 1686.
§ 5773-1. Agricultural boards.
Agricultural boards: Cherokee County, 913; 1936/2328; Newberry County. 1935/
1936/1467; Fairfield County, 1936/1686; 913; Spartanburg County, 1935/913; 1936/
York County, 1936/1459; Greenwood 2629.
County, 1935/913 ; Greenville County, 1935/
§ 5776. Powers of board of visitors.
See this section in 1934 Supplement.
§ 5777. Quorum at special meeting of board of visitors of The Citadel. — At
any special meeting of the board of visitors of The Citadel, the Military College
of South Carolina, where at least five (5) days' notice in writing has been given
by mail or otherwise, to all of the members of the said board, of the time and
place of the meeting, any four (4) or more of the members so notified who shall
attend the said special meeting shall constitute a quorum for the transaction of
business. 1936 (39) 1340.
Section 5777, 1932 Code repealed by 1934/1686. Present section comes from 1936/1340.
§ 5778. Proof of financial standing. — Repealed by 1934 acts, page 1686.
§ 5779. Beneficiary cadets. — Repealed by 1934 acts, page 1686.
§ 5780. Copy of matriculation obligation to be filed. — Repealed by 1934,
acts, page 1686.
§ 5781. Cadets to file bond. — Repealed by 1934 acts, page 1686.
§ 5782. Duty of board of visitors to report graduations. — Repealed by 1934
acts, page 1686.
§ 5783. Certificate of release. — Repealed by 1934 acts, page 1686.
§ 5789. Incorporation — name — corporate powers — property rights — no male
students.
See this section in 1934 Supplement.
245 Code of Laws of South Caeolina § 5866-1
§ 5791. Tuition fees. — Repealed by 1933 acts, page 650.
§ 5793. Scholarships in Winthrop College. — Repealed by 1934 acts, page
1686. ; [||
§ 5796. Board of trustees.
See this section in 1934 Supplement.
§ 5797. Scholarships. — Repealed by 1934 acts, page 1686.
§ 5829. Obstruction of roads.
Obstruction of highway by freight train. S. C, 508 ; ITS S. E., 136.
Spiers v. Atlantic Coast Line R. Co., 174
§ 5832. Railroad crossings over public roads.
See this section in 1934 Supplement.
§ 5856. Damages from defective highways — action against county.
See this section in 1934 Supplement.
§ 5860. Commutation or road tax. — * * * No person residing in Anderson
County shall be subject to road duty or commutation or road tax. This provision
regarding Anderson County applies to road or commutation tax for the year
1936 as well as subsequent years. The provisions herein relating to Anderson
County shall in no way be construed to affect or prohibit municipalities in said
county from requiring the payment of street taxes. 1936 (39) 1370.
1936/1370 eliminated last sentence in this in lieu thereof,
section in 1932 Code, and inserted the above
§ 5864-A. Age limits for road duty in counties containing cities of 50,000
inhabitants. — Repealed by 1933 acts, page 86.
§ 5866-1. Counties acquire rights of way for roads state highway depart-
ment construct with federal funds. — (1) Procedure. — Whenever the state
highway department shall hereafter, with federal funds, undertake the con-
struction of any county road, or shall, in anticipation of federal funds becoming
available for such purpose, establish the location of any such road, it shall be
the duty of the lawfully authorized officials of the county concerned to provide,
without cost to the said department, all necessary rights of way for the said con-
struction, including lands for borrow and material pits. In order to secure the
said rights of way and other necessary lands the said county officials may exer-
cise any or all of the usual powers of condemnation lawfully authorized to be
exercised by them in the case of other county roads.
(2) State Highway Commission May Act for Counties — Counties Liable
for Damages. — With the approval of the state highway commission, the said
county officials may designate the state highway department, acting through its
agents and employees, as agents of the county in securing necessary rights of
way and other lands. In case of such designation, the state highway commission,
or any three members thereof, may exercise the powers of condemnation for
and on behalf of the county, following the procedure established by law to
govern the condemnation of property for state highway purposes ; provided that
any and all payments to be made or obligated, on account of rights of way and
other lands acquired for the purposes herein contemplated, shall be made by the
county on order of the state highway department; Provided further, that any
person, firm or corporation having any claim on account of damages to property,
injuries to person or death, growing out of any such construction as is herein
contemplated, shall have such right of action against the county concerned as is
inow authorized by law and the remedy thus afforded shall be exclusive. 1936
(39) 1309.
This section added by 1936/1309.
§ 5867 1936 Supplement 246
§ 5867. State highway department. — A highway department for the state
of South Carolina is hereby created and established, the same to consist of a
state highway commission and a state highway engineer. 1936 (39) 1557.
The remainder of this section repealed and occupy such office until his successor
by 1936/1557. See § 5S67-1 herein. is duly appointed, qualified, commissioned,
§ 5S67, 1932 Code, prior to its repeal was and confirmed by the senate. 2. Governor
construed in Heyward v. Long, 178 S. C, has no authority to make a recess appoint-
351 ; 183 S. E., 145, as follows : 1. Commis- tnent thereunder. 3. Commissioner appointed
sioner, whose term has expired, becomes to fill a vacancy may hold only for re-
an officer de facto, may continue to hold mainder of the term of four years.
§5867-1. State highway commission. — (1) Highway Districts — District
Highway Commissioners — Duties and Powers. — The several judicial circuits
of the state as now or hereafter constituted are for the purposes of this section
hereby constituted and created highway districts of the state of South Carolina,
to be designated by numbers corresponding to the numbers of the respective
judicial circuits. For each of said highway districts there shall be chosen in the
manner and for the terms of office hereinafter provided a highway commissioner
to be known as district highway commissioner. The several commissioners so
chosen shall as a bod}' constitute the state highway commission of South Caro-
lina. The state highway commission thus constituted shall succeed, replace and
supersede the state highway commission created and established under the pro-
visions of section 5867, Code of Laws of 1932, and is hereby vested with all the
power and authority and is charged with all the duties and shall assume and
discharge all the obligations of the said state highway commission created by
section 5867, Code of Laws of 1932, and all other laws relating thereto.
(2) Election — Term — Compensation. — The district highway commissioners
provided for in section 1 hereof shall be chosen after the following manner for the
terms herein provided for. Within fifteen (15) days after May 14, 1936, the legis-
lative delegations representing the counties of each highway district herein created
shall meet upon written call of a majority of the members of the delegations of
each highway district at a time and place to be designated for the purpose of elect-
ing a highway commissioner to represent each highway district. A majority present,
either in person or by written proxy, of the members of the legislative delega-
tions representing in the General Assembly a given highway district shall con-
stitute a quorum for the purpose of electing a district highway commissioner,
but no person shall be declared elected district highway commissioner who shall
fail to receive a majority vote of all the members of the legislative delegations
from the highway district affected. The joint legislative delegations of each high-
way district shall be organized by the election of a chairman and a secretary and
such joint legislative delegations, in meeting assembled, shall adopt such rules
as they deem proper to govern the election. Any absentee may vote by written
proxy. When the election is completed the chairman and secretary of joint legis-
lative delegations of each highway district shall immediately transmit the name
of the person elected to the secretary of state, who shall forthwith issue to such
person, after he has taken the usual oath of office, a certificate of election as dis-
trict highway commissioner. The Governor shall thereupon forthwith issue a com-
mission to such person and pending such issuance the aforementioned certificate
of election shall be a sufficient warrant to such person to perform all of the du-
ties and functions of his office as commissioner. Each district highway commis-
sioner shall serve until his successor shall have been elected and qualified. Each
district highway commissioner shall receive compensation in the amount of
one hundred ($100.00) dollars per annum and official expenses as heretofore
provided by law for members of the state highway commission.
247 Code of Laws of South Carolina § 5868
In the event that the legislative delegations from any given district or circuit
shall fail to meet and elect a district highway commissioner within fifteen days
as required by this section, then and in such event, the secretary of state within
fifteen days shall call a meeting, by written notice, to the legislative delegations
of such district or circuit for the purpose of electing a district highway com-
missioner to represent the district or circuit affected : Provided, that in case a
district highway commissioner shall not be elected within thrty days after
May 14, 1936, the office of highway commisioner for that district shall be vacant
until a commissioner is elected and qualified.
(3) Terms — Vacancies. — The district highway commissioner from eacli of
the second, ninth, tenth, twelfth and fourteenth highway districts shall be
elected for a term of office to expire on the fifteenth day of April, 1938 ; the
district highway commissioner from each of the third, eighth, eleventh, and
thirteenth highway districts shall be elected for a term of office to expire on
the fifteenth day of April, 1939 ; and the district highway commissioner from
each of the first, fourth, fifth, sixth and seventh highway districts shall be elected
for a term of office to expire on the fifteenth day of April, 1940. Any vacancy
as district highway commissioner occurring by death, resignation or removal
shall be filled by election in the same manner as provided in subsection (2) hereof
and for the unexpired term. Upon the expiration of the terms of office provided
in this section the district highway commissioner from each of the fourteen
highway districts shall be elected for a term of four years. The term of office
of each district highway commissioner shall expire on the fifteenth day of
April of the appropriate year. Any vacancy as district highway commissioner
occurring, or approaching on account of the expiration of the term of office may
be filled by election as provided in subsection (2) hereof any time within sixty
days prior to the expiration of said term of office, or afterwards, but the in-
cumbent shall continue in office until the expiration of his term and a successor
shall have been elected and qualified.
(4) Office Rotate — Nomination. — In order to provide for rotation in office
as district highway commissioner it is hereby provided that no district highway
commissioner elected under the provisions of this section shall succeed himself
in office and no county within a given highway district shall have a district high-
way commissioner for two successive terms. No county shall twice have a com-
missioner until there shall have been a complete rotation of the office among the
counties of a district. After the expiration of the first terms of office herein
provided for, the legislative delegations of any county entitled to a district
highway commissioner under the provisions of this section shall nominate three
suitable persons for the office, one of whom shall be elected district highway
commissioner by a majority vote of all of the members of the legislative delega-
tions representing the highway district affected. Provided, further, that in the
event a district highway commissioner shall not be elected within thirty days
after the expiration of the term of office to be filled, the office of highway com-
missioner for that district shall be vacant until a commissioner is elected and
; qualified. 1936 (39) 1557.
This section added by 1936/1557.
§ 5868. Chief highway commissioner.
Actions of state highway commissioners suspension of highway commissioners from
tin voting to pay salary of chief highway office. Dacus v. Johnston, S. C, ;
i commissioner did not warrant Governor's 185 S. E., 491.
§ 5872 1936 Supplement 248
§ 5872. Purpose, powers and duties of state highway commission — system
of highways — construction — reports.
See this section in 1934 Supplement.
§ 5873. State highway commission add additional roads to state highway
system. — The state highway commission of South Carolina is hereby author-
ized and empowered to add to the state highway system additional highways by
taking over county roads not to exceed two hundred (200) miles during any
one year; Provided, that not more than fifteen (15) miles shall be added in any
given county in a given year and that each addition made under the provisions
of this secton shall serve to connect state highways, or centers of population
with state highways. All roads taken over by the state highway commission
hereunder shall be so designated by a majority of the legislative delegation
from the respective counties in which such roads are located. 1935 (39) 264.
This subsection replaces former § 5S73, 1932 Code, 1935/264.
§ 5882. State highway construction contracts — employment of state la-
borers and ex-service men. — The highway department and highway commis-
sion are directed to require that all construction contracts shall contain a clause
requiring that not less than ninety (90%) per cent, of the laborers employed
shall be bona fide residents of South Carolina. Provided, this section shall not
in any way affect the rules and law governing federal aid. Provided, further,
that all construction contracts shall also contain a clause giving preference in
employment (other things being equal) to all ex-service men of the World War,
Spanish American War and the Philippine Insurrection. 1936 (39) 1619.
§ 5887. State highway department may be sued.
Action for damages alleged to have been glass should be decided by jury. Livingston
sustained by stepping into a hole on the v. South Carolina State Highway Depart-
shoulder of the highway containing broken ment, 178 S. C, 323 ; 183 S. E., 8.
§ 5891. Construction and maintenance of highways in municipalities.
See this section in 1934 Supplement.
§ 5894. Motor vehicle licenses. — (1) Passenger Motor Vehicles, Motor-
cycles, Trucks and Truck Trailers not over iy 2 Tons — (a) Fees. — For
the license year beginning on the first day of November, 1936, and annually
thereafter, each resident owner of a motor vehicle, as hereinafter specified, shall
pay to the state highway department, in lieu of all other state, county and muni-
cipal licenses, an annual license fee as follows:
(1) For each passenger motor vehicle weighing not over two thousand
(2,000) pounds, the sum of one ($1.00) dollar; and for each additional five
hundred (500 lbs.) pounds of weight, or fraction thereof, the additional sum
of one ($1.00) dollar.
(2) For each motorcycle the sum of one ($1.00) dollar.
(3) For each truck of a capacity of not exceeding one (1) ton, the sum of
four ($4.00) dollars.
(4) For each truck of a capacity of more than one (1) ton but not more
than one and one-half (1-%) tons, the sum of seven and 50/100 ($7.50) dollars.
(5) For each truck trailer of a capacity of not more than one (1) ton, the
sum of four ($4.00) dollars.
(6) For each truck trailer of a capacity of more than one (1) ton, but not
more than one and one-half (l 1 /^) tons, the sum of seven and 50/100 ($7.50)
dollars.
Provided, that in case of solid tires used on any truck and/or trailer, the an-
nual license fee herein imposed shall be doubled.
249 Code of Laws of South Carolina § 5894
(b) Annual Licenses Only — Licenses Sold in October. — The annual li-
cense fee imposed by this subsection shall in each case be payable as a whole
and shall not be payable in installments for any portion of any license year:
Provided, that during the month of October of any license year any motor
vehicle included in the terms and provisions of this subsection and being
registered for the first time may be registered for the remaining portion of
the then current license year upon the payment of a license fee of one ($1.00)
dollar.
(c) No Effect on Chapters 128 and 162. — This subsection shall not repeal
or affect in any way the provisions of chapter 162 (motor bus and truck lines)
and/or the provisions of chapter 128 (license drive motor vehicles).
(d) Penalties, Etc. — The provisions of law now in effect as to the collec-
tion of motor vehicle license fees and penalties for non-payment thereof shall
apply to the license fees imposed by this subsection.
(e) Use Manufacturer's Weights and Capacities Fix Fees — Pay No
Other Fees. — The manufacturer's weights and capacities for said vehicles shall
be accepted in fixing said license fees. Said license fees shall be in lieu of all
other state, municipal or county license fees. 1936 (39) 1557.
(2) Fees for Trucks More than iy 2 Tons and Certain Trailers. — Every
resident owner of a motor vehicle hereinafter described in this subsection in
the state of South Carolina shall pay to the state highway commission in lieu
of all other state, municipal or county licenses, an annual license as follows:
Trucks of a capacity of more than one and one-half tons but not more than
two tons, thirty ($30.00) dollars. Trucks exceeding two tons and up to and in-
cluding three tons, one hundred and twenty ($120.00) dollars. Trucks exceed-
ing three tons and up to and including four tons, two hundred ($200.00) dol-
lars. Trucks exceeding four tons and up to and including five tons, four hun-
dred ($400.00) dollars. Trucks exceeding five tons and up to and including six
tons, six hundred ($600.00) dollars. Trucks exceeding six tons and up to and
including seven and over, eight hundred ($800.00) dollars: Provided, that a
reduction of fifty (50%) per cent, on the license be allowed on all such trucks
using pneumatic tires on all the wheels. Lumber trucks and other trucks with
trailer attached of a capacity of over one and one-half tons (1%) shall pay an
annual license of twenty ($20.00) dollars for each trailer so operated and an
additional sum of eight ($8.00) dollars for every 1,000 pounds or part thereof
of ordinary loading capacity of such trailer over its capacity of one and one-
half tons : Provided, that where pneumatic tires are used on such trailers a re-
duction of fifty per cent, shall be allowed. 1933 (38) 341; 1934 (38) 1348;
1936 (39) 1557.
(3) Additional Fees for Motor Vehicle Carriers Licensed under Chapter
162. — Every owner of a motor vehicle carrier licensed under chapter 162 shall
pay to the state highway commission in addition to the fees to be paid under
said chapter, an annual license as follows :
For each automobile weighing not over 2,000 pounds, the sum of nine ($9.00)
dollars ; for each additional 500 pounds of weight, or fraction thereof, the ad-
ditional sum of three ($3.00) dollars. The manufacturer's weight of automo-
biles shall be accepted as the weight for the purpose of registration hereunder.
And for trucks the license fees shall be as follows : trucks of a capacity of not
exceeding one ton, thirty ($30.00) dollars; trucks exceeding one ton and up
to and including two tons, sixty ($60.00) dollars. Trucks exceeding two tons
§ 5894 1936 Supplement 250
and up to and including three tons, one hundred and twenty ($120.00) dol-
lars. Trucks exceeding three tons and up to and including four tons, two hun-
dred ($200.00) dollars. Trucks exceeding four tons and up to and including
five tons, four hundred ($400.00) dollars. Trucks exceeding five tons and up to
and including six tons, six hundred ($600.00) dollars. Trucks exceeding six
tons and up to and including seven and over, eight hundred ($800.00) dollars:
Provided, that a reduction of fifty (50%) per cent, on the license be allowed
on all trucks using pneumatic tires on all the wheels. Lumber trucks and other
trucks with trailer attached shall pay an annual license of twenty ($20.00) dol-
lars for each trailer so operated, and an additional sum of eight ($8.00) dol-
lars for every 1,000 pounds or part thereof of ordinary loading capacity of
such trailer: Provided, that where pneumatic tires are used on trailers a re-
duction of fifty per cent, shall be allowed. For every motorcycle, five ($5.00)
dollars per annum.
(4) Furnish Clerks of Court with Application Blanks. — State highway
commission shall furnish the clerk of court of each county with a sufficient
supply of application blanks for licenses for use of the people of the county.
(5) "Motor Vehicle Defined. — The term "motor vehicle", as used in this
section, shall be construed to mean and include all automobiles and vehicles,
whether propelled by steam, gasoline, electricity or other such sources of
energy other than muscular power, except farming implements, or as operated
only upon rail or tracks therefor.
(6) Procure Annually — Display — License Year — Refunds. — Annually on
or before the thirty-first day of October every owner of a motor vehicle,
trailer, or semi-trailer shall procure from the state highway department motor
vehicle licenses for the next succeeding license year beginning on the first day
of November. The highway department is hereby authorized and directed to
issue licenses during the months of September and October for the next suc-
ceeding license year. License plates for the ensuing license year beginning
the first day of November may be displayed on a motor vehicle during the
months of September and October preceding, provided that all license fees
due have been paid to the highway department. Any person who shall operate
any motor vehicle on or after the first day of November of each and every
license year without current license shall be subject to the penalties now pro-
vided by law. After a license plate has been issud for a particular motor vehicle
no refund of license fees shall be made, nor shall any license plate be trans-
ferred to any other motor vehicle : Provided, that the highway department is
hereby authorized to promulgate regulations providing for the refund of any
overpayment made in the purchase price of any license and to refund the
purchase price of any license which has not been used and to make license
refund for a motor vehicle which may have been destroyed before any sub-
stantial use of the license was had.
(7) Time to Make Application. — Applications for licenses shall be filed with
the state highway department on or before the thirty-first day of October
of each license year and any person, firm or corporation who shall fail to file
such applications before such date, except for a car which had been in his, her
or its possession less than ten days shall pay an additional fee of fifty (50c)
cents, and all funds arising from such additional fees shall go to the law en-
forcement funds of the highway department.
251 Code of Laws of South Carolina § 5894
(8) Expiration — Semi- Annual Licenses. — All annual licenses shall expire
on the thirty-first day of October of the license year for which such licenses
were issued. In the case of motor vehicles registered under subsections 2 and 3
hereof for the first time during any license year the full annual license fee shall
be paid for licenses issued prior to February first; three-fourths of the
annual license fee shall be paid for licenses issued between February first
and May first ; one-half of the annual license fee shall be paid for licenses
issued between May first and August first ; and one-fourth of the annual license
fee shall be paid for licenses issued for the last quarter of the license year
ending on the thirty-first day of October. Prior to the first day of February of
each license year the highway department is hereby authorized and empowered
to sell semi-annual or six months' licenses for motor vehicles registered under
subsections 2 and 3 hereof and all such semi-annual or six months' licenses
may be renewed for the last half of the license year ending on the thirty-first
day of October. All semi-annual or six months' licenses shall expire on the
thirtieth day of April and all renewal six months ' licenses shall expire on the
thirty-first day of October. For each renewal six months' license issued there
shall be charged and collected an additional fee of twenty-five (25c) cents.
(9) Pay Highway Safety Fund Fee One Time Per Year on Each Motor
Vehicle. — The additional license fee of fifty (50c) cents imposed annually upon
each motor vehicle under the provisions of section 5984 shall not be imposed
upon and collected for the same motor vehicle but one time for each license
year or part thereof.
(10) Owners Pay Motor Vehicle and Driver's Licenses. — All motor ve-
hicle owners shall pay to the state highway department all licenses and fees
required by chapters 125 and 128, volume III, Code of Laws of 1932.
(11) Rules and Regulations. — The state highway department is hereby au-
thorized to promulgate rules and regulations for the enforcement and admin-
istration of subsections 6 to 12 and all such rules and regulations not incon-
sistent with the provisions hereof shall have the full force and effect of law.
(12) Penalty. — Any person violating any provisions of subsections 6 to 12
shall' be deemed guilty of a misdemeanor and upon conviction shall be fined
not less than ten ($10.00) dollars, nor more than one hundred ($100.00) dol-
lars, or imprisonment for not more than thirty (30) days. 1933 (38) 541; 1934
(38) 1309.
(13) Furnish Motor Vehicle Licensees Traffic Laws. — It is made the duty
of the state highway department, wherever any motor vehicle is licensed for
the first time, to furnish the licensee with a printed copy of the traffic laws
of the state and all such additional instructions as, in the judgment of the de-
partment, would be of helpful use to the operators of motor vehicles ; and like-
wise to furnish licensees of motor vehicles which have been heretofore reg-
istered with a like copy of such instructions but whenever any motor vehicle
has been once registered and licensed and the owner thereof furnished a copy
of such laws and regulations, it is not required to furnish the owner of such
motor vehicle a copy of such regulations each and every year but it is sufficient
that such owner be furnished a copy at least once in every five years. 1934 (38)
1363.
(14) Misrepresenting Fact in Applying for License — Operation of Motor
Vehicle with License Obtained by Misrepresenting Fact. — It is declared to
be unlawful for a person, acting for himself or as an agent for another, to
make any wilful misrepresentation of facts to the state highway department
§ 5894 1936 Supplement 252
in the application for registration of a motor vehicle, under the laws of this
state. It is also unlawful for any person to operate a motor vehicle registered
under a wilful misrepresentation of any fact in connection therewith, during
any portion of the period of time covered by such registration, provided such
person has knowledge the registration was obtained through a wilful misrepre-
sentation of facts, or reasonable cause to believe the registration was obtained
in such manner. Any violation of the provisions of this subsection is declared
to be a misdemeanor and punishable by a fine of not less than ten ($10.00) dol-
lars nor more than one hundred ($100.00) dollars or imprisonment for not
less than ten (10) days nor more than thirty (30) days. 1934 (38) 1282.
(15) Application Show True Name and Residence of Applicant — Liabili-
ty op Agents. — Each and every application for a motor vehicle license in this
state shall show the true name of the applicant, and the county in which said
applicant resides. Any person or persons violating the hereinabove provisions
of subsection 15 shall be deemed guilty of a misdemeanor, and shall, on convic-
tion, be fined in a sum not less than ten ($10.00) dollars nor more than twenty-
five ($25.00) dollars, or imprisonment for a period not less than five nor more
than fifteen days ; and in addition thereto, shall forfeit any license issued
upon such information in violation of the terms hereof. Any dealer, auto
salesman, or agency, procuring, or assisting with the application for any li-
cense, and knowingly failing to correctly give the name of the county in which
the applicant resides, or knowingly failing to give the true name of the appli-
cant, shall be deemed guilty of a misdemeanor, and on conviction shall be fined
in the sum of one hundred dollars ($100.00), or imprisonment for the space
of thirty days. This subsection shall not be deemed to relieve any applicant
from giving information now required by law or by regulation of the state
highway department, but shall be in addition thereto. 1935 (39) 62.
(16) Applicant for Licenses State School District and County in Which
He Resides. — In all applications for motor vehicle licenses in the state of South
Carolina there shall be stated therein the school district and the county in
which the applicant resides. 1936 (39) 1611.
In order that all laws relating to licens- provided for in section 8525 and is taken
ing and providing fees for motor vehicles from section 5894, 1932 Code. Subsections 4
be kept together provisions in section 5903 and 5 come from former section 5894. Sub-
have been incorporated in this section. It sections 6 to 12 come from 1933/541 ; 1934/
is to be noted that subsection 3 hereof 1309. Subsection 13 comes from 1934/1363.
provides only for the fees to be paid by Subsection 14 comes from 1934/1282. Sub-
common carriers as provided in section 8525, section 15 comes from 1935/62. Subsection
1932 Code. Subsection 1 comes from 1936/ 16 comes from 1936/1611.
1557. Subsection 2 comes from 1933/341, 1933/341 and 1934/1311 repealed part of
541 ; 1934/1348 ; 1936/1557. Subsection 3, as this section, 1932 Code, providing for opera-
heretofore stated, provides the fees payable tion of trucks larger than four-ton trucks,
by common carriers in addition to those
§ 5895. Cities of 55,000 or more cannot require licenses, or inspection or
registration fees for motor vehicles.
Municipal driver's license. — Ordinance conflict with this section and is valid. State
requiring resident automobile operator to v. Moseley, 174 S. C, 187 ; 177 S. E., 156.
have municipal driver's license does not
§ 5896. Non-residents required to pay license fees on motor vehicles oper-
ated in this state — schedule.
See this section in 1934 Supplement.
§ 5901. Annual license fees by dealers in motor vehicles, and use of motor
vehicles owned by dealers.
See this section in 1934 Supplement.
253 Code of Laws of South Carolina § 5926
§ 5903. Time for making application for licenses.
The provisions of this section now in supplement,
effect are incorporated in section 5894, this
§ 5908. Liability of owners and operators of airships and motor vehicles
for injuries to nonpaying guests. — (1) No person transported by the owner or
operator of a motor vehicle or airship as his guest without payment for such
transportation shall have a cause of action for damages against such auto-
mobile or airship, its owner or operator for injury, death or loss, in case of ac-
cident unless such accident shall have been intentional on the part of said
owner or operator or caused by his heedlessness or his reckless disregard of
the rights of others. 1935 (39) 356.
In action for wrongful death of deceased, caused by heedless and reckless disregard
allegation that defendant's agent, with of rights of others by owner or operator,
whom deceased was riding at the time of Lee v. Lott, 177 S. E., 92.
his death, in defendant's truck, was "Or" in "heedlessness or reckless disre-
operating such truck in violation of statute gard of rights of others," interpreted as
governing speed at which trucks may be "and." Fulghum v. Bleakley, 177 S. C,
driven and operated in conjunction with 286 ; 181 S. E., 30.
allegation that truck was driven off high- "Act or conduct in reckless disregard of
way and into a ditch, razing the growth rights of others," authorizing recovery here-
thereon and crashing into a small side under, is improper or wrongful conduct,
road bridge, stated a cause of action. and constitutes "wanton misconduct"
Fulghum v. Bleakley, 177 S. C, 286, 181 evincing reckless indifference to conse-
S. E., 30. Ralls v. Saleeby, 178 S. C, 431 ; quences, to life, limb, health, reputation, or
182 S. E., 750. property rights of another and is more
Hereunder, automobile guest cannot re- than gross negligence. Lee v. Lott, 177 S.
cover for injuries, unless act causing ac- E., 92.
cident was intentional or accident was
§ 5925-1. State highway department license trackless trolley cars in and
about city of Greenville.
See this section in 1934 Supplement.
*§ 5926. State highway system. — (1) Abbeville County — * * * Loca-
tion of 82 between Iva and Lowndesville. — The location of state highway No.
82, between Iva in Anderson County and Lowndesville in Abbeville County, is
hereby established to follow such route as the state highway department may
determine, and the said department is hereby specifically authorized to make
such relocations in the said route as in its judgment may be in the interest of
highway traffic between Iva and Lowndesville. 1935 (39) 61.
(2) Aiken County — * * * Road prom North Augusta to Shultzs Hill
in System. — There is hereby placed in the state highway system for construction
and maintenance the following highway in Aiken County, to wit : That cer-
tain road beginning at its intersection with state highway no. 25 in the town of
North Augusta, county of Aiken, and ending at its intersection with United
States highway no. 1 at Shultzs Hill, the same being a distance of about one
and one-half (IV2) miles and connecting state highway no. 25 with United
States highway no. 1 at said points. The road described hereinabove shall be
taken over by the state highway department and constructed and maintained
as are other highways in the state highway system. 1936 (39) 1751.
(3) Allendale County — * * * Road Connecting 331 and 641 in Sys-
tem. — The state highway commission is hereby authorized, empowered and di-
rected forthwith to take over and add to the state system of highways the
road running from Sycamore to a point at or near Wesley Chapel church so
as to connect route no. 331 with route no. 641, approximately thirteen (13)
miles in length, to wit, approximately nine (9) miles in Allendale County and
four (4) miles in Bamberg County: Provided, that the said mileage shall be de-
* Roads added to state highway system by state highway commission not included herein.
§ 5926 1936 Supplement 254
ducted from the mileage which the said highway commission is authorized to
add in the counties of Allendale and Bamberg under the existing law. 1936
(39) 1457.
(4) Anderson County — * * * Location 76 between Hone a Path and
Princeton. — The location of State Highway No. 76, between Honea Path in
Anderson County and Princeton in Laurens County, is hereby established to
follow such route as the state highway department may determine. 1935 (39)
200; 1936 (39) 1624.
See also subsection 1 under this section. See this section in 1934 Supplement.
(5) Bamberg County. — See subsection 3 hereof.
See this section in 1934 Supplement.
(6) Barnwell County.
See this section in 1934 Supplement.
(7) Beaufort County — * * * Location of 17, 21 and 28 Town of Yem-
assee. — The highway department is hereby prohibited from changing or relo-
cating highways nos. 17, 21 and 28 through the town of Yemassee or construct-
ing an alternate route around said town. 1936 (39) 1303, 1402.
(8) Berkeley County — * * * Road Running from U. S. Highway 52
Toward Cypress Gardens Added to State Highway System. — That certain
road in Berkeley County, of approximately two and six-tenths (2.6) miles in
length, commencing at the intersection of U. S. highway no. 52 and road
known as Strawberry Ferry road, and running in the direction of Cypress
Gardens, along the said Strawberry Ferry road and road leading from said
Strawberry Ferry road to Cypress Gardens, and terminating at or near the Sea-
board Air Line Railroad right of way and the Dean Hall Plantation is hereby
made a part of the state highway system of this state.
Provided, that this paragraph shall not serve to increase the mileage of
roads authorized to be added to the state highway system under the provisions
of act no. 195 of the Acts of 1935, approved April 25, 1935, and Berkeley
County shall be charged under act with this addition. The state highway de-
partment of this state is hereby authorized and directed to take over the said
road above described as a part of the state highway system and have general
control and supervision over same, in like manner as other roads in the state
highway system. 1936 (39) 1643.
See this section 1934 Supplement.
(9) Calhoun County — * * * 45 from St. Matthews to U. S. Route
15 at Parler System for Hardsurface Treatment. — There is hereby placed
in the state highway system for hard-surface treatment that portion of state
highway no. 45, extending from the town limits of St. Matthews in Calhoun
County by way of Creston, South Carolina, and on to Elloree in Orangeburg
County, South Carolina, and from Elloree to U. S. route 15 at Parler. 1936 (39)
1497.
(10) Charleston County — * * * Take Certain Roads out of System
and Substitute Others. — Portion of state highway no. 62 in Charleston Coun-
ty from route 61 at Fort Bull to route 17 at Red Top and that portion of the
loop road to route 17 via Riverside Beach near Mt. Pleasant, aggregating 9.12
miles in length, are hereby taken out of the state highway system and the
state highway department is hereby authorized and directed to take over as
a part of the state highway system in lieu thereof the same mileage of some
other road or roads in Charleston County to be determined by the state high-
way commission. 1936 (39) 1712.
See this section 1934 Supplement.
255 Code of Laws of South Carolina § 5926
(12) Chester County.
1936/2094 provided for abandonment of moval of steel bridge over Fishing Creek,
portion of State highway 9, and for re- Chester County.
(13) Chesterfield County — * * * Location of 95. — The location of
state highway no. 95, in Chesterfield County, is hereby established to follow
such route from McBee through Chesterfield to the North Carolina line as the
state highway department may determine. 1935 (39) 47.
Location of 601 between Cheraw and N. C. Line. — The location of state
highway No. 601 in Chesterfield County is hereby established to follow such
route as the state highway department may determine between Cheraw and
the North Carolina line in the direction of Morven. 1935 (39) 476.
State Highway Department Take over Bridge across Great Pee Dee
River at Cheraw and Assume Indebtedness thereon. — The state highway
commission is authorized and directed to take over, as a part of its highway
system, the bridge across the Great Pee Dee River at Cheraw, S. C, on U. S.
highway no. 1 and state highway no. 9, and assume the payment of all out-
standing bonds, principal and interest, of the town of Cheraw issued by said
town for the construction of said bridge, the said bonds being as follows, four
thousand ($4,000.00) dollars of six (6) per cent, per annum bonds now due,
and twenty thousand ($20,000.00) dollars of five (5) per cent, per annum
bonds due in 1949, the total amount of the principal of said outstanding bonds
to be assumed and paid by the state highway commission aggregating the
sum of twenty-four thousand ($24,000.00) dollars.
Provided, that if, and when a new river crossing is provided at Cheraw the
present bridge, with its approaches, shall be abandoned as a part of the state
highway system. 1936 (39) 1370.
(17) Dillon County.
See this section 1934 Supplement.
(21) Florence County.
State highway commission purchase Mars 1934/2264.
Bluff bridge and Allison's ferry bridge,
(22) Georgetown County.
See this section 1934 Supplement.
(23) Greenville County — * * * Location of 29 Entering Greenville
from Spartanburg. — The location of state highway No. 29 entering Greenville
from the direction of Spartanburg is hereby established to follow such route
as the state highway department may determine, and the said department is
hereby specifically authorized to relocate, as in its discreton may appear de-
sirable, the whole or any part of the said road as now laid out between the
city of Greenville and the town of Taylors, in Greenville County. 1935 (39) 58.
(24) Greenwood County.
State highway department construct over- supplement, which provides for substitu-
head bridge in city of Greenwood, 1935/917. tion of Callison highway for portion of
See subsection 31 of this section in 1934 state highway 10, 1934/1541.
(26) Horry County — * * * Road from Conway to 175 between Cen-
tenary and Johnsonville Added to System. — There is hereby incorporated in
the state highway system a road in Marion and Horry counties leading from
Conway by way of the Potato Bed Ferry bridge over the Little Pee Dee
river to connect with state route no. 175 between Centenary and Johnsonville
at a point to be determined by the state highway department: Provided, that
this joint resolution shall not serve to increase the mileage of roads authorized
to be added to the state highway system under the provisions of Act No. 195
§ 5926 1936 Supplement 256
of the Acts of 1935, approved April 25, 1935. The state highway department is
hereby authorized to relocate any section or sections of the road added to the
state highway system, as provided for in section 1 hereof, to follow such route
as the state highway department may determine. 1936 (39) 1620.
See this section 1934 Supplement. See subsection 21 hereunder.
(28) Kershaw County.
See this section 1934 Supplement. eree river toll bridge, 1934/2268.
State highway department purchase Wat-»
(30) Laurens County — * * * Road Connecting U. S. 25 and 221 Added
to System in Lieu of Portion of 10. — That portion of state highway no. 10
lying between Waterloo and Saluda river in Laurens County is hereby taken
out of the state highway system and the state highway department in lieu
thereof is hereby authorized and drected to take over as part of the state high-
way system a road or route leading from or near what is known as the Beeks
Place in Sullivan township in Laurens County on U. S. highway No. 25 ; thence
as may be deemed practicable by the state highway department along what
is known as the old Augusta road to Jones' store in AVaterloo township;
thence from that point either to or near Cold Point on U. S. highway no. 221
in said county or to or near Waterloo on U. S. highway No. 221 in said county
as might seem best in the discretion of the state highway commissioner. 1936
(39) 1469.
See subsection 4 hereof. See this section 1934 Supplement.
(33) Marion County.
See this section 1934 Supplement. State highway commission purchase
See subsections 21 and 26 hereunder. bridge over Potato Bed ferry, 1934/2264.
(34) Marlboro County.
See this section 1934 Supplement. See subsection 13 hereof.
(37) Oconee County — * * * Two Roads Placed in System for Main-
tenance. — For the purpose of maintenance only the following described
stretches of road in Oconee County are placed in the state highway system,
to-wit :
(a) A road about one and one-fourth (l 1 /^) miles in length leading from
Newry cotton mill to Courtney where it intersects with state highway no. 13 ;
and
(b) A road about one and one-fourth miles in length leading from Lonsdale
cotton mill to Seneca. Provided, the above mileage shall be charged against
the annual quota of -roads to be added to the state highway system in Oconee
County. 1936 (39) 1636.
(38) Orangeburg County.
See subsection 9 hereof. See this section 1934 Supplement.
(40) Richland County — * * * Location of 26 between Acton and
U. S. 76 between Columbia and Sumter. — The location of state highway no.
26, between Acton and U. S. highway no. 76 between Columbia and Sumter,
in Richland County, is hereby established to follow such route as the state
highway department may determine: Provided, that in the event the said de-
partment shall determine upon a location of route 26 by passing the town
of Eastover, then in that event the said department shall construct and
maintain a loop road from route 26 through the town of Eastover. 1936 (39)
1777.
1933/1063 provided for abandonment of portions of old Bluff road, state highway 48.
(43) Sumter County — * * * Shiloh Paved Road Included in System
for Maintenance. — That for the purpose of maintenance and supervision there
257 Code of Laws of South Carolina § 5926-1
is hereby included in the state highway system of roads a stretch of road,
commonly known as the Shiloh Paved road, and commencing on the Sumter-
Turbeville road, at a point thereon about thirteen miles east of Sumter and
leading in a north-easterly direction to the point of its intersection with the
Lynchburg-Lake City highway, no. 341, a distance of about twelve miles, and
being situate in Sumter County. 1936 (39) 1444.
See this section 1934 Supplement.
(45) Williamsburg County — * * * Location of 261. — The location of
highway 261 in Williamsburg County between its intersection with highway
521 and its intersection with highway 17 is hereby established to follow such
route as the state highway department may determine by way of Lane and
Gourdin. 1935 (39) 147.
(46) York County. — Eoad from Intersection 16 and 5 to Intersect with
5 at or Near Smyrna in System for Maintenance. — Upon the completion of
the state highway beginning at the intersection of South Carolina highways nos.
16 and 5 at York court house and running thence in a westerly direction via A.
L. Black's store, to intersect with state highway no. 5 at or near Smyrna. The
state highway commission is hereby authorized, empowered and directed to re-
ceive the same in the state highway system for maintenance. Provided, that the
length of the said highway shall not exceed approximately ten (10) miles, as
provided in Act No. 331 of the General Assembly, 1935. The said distance, which
is to be calculated from the town limits of York to the town limits of Smyrna
and not to include the streets within the said towns, shall be maintained under
the general law pertaining to state highways. 1936 (39) 1601.
Construct and Maintain Highways Leading to King's Mountain Battle
Ground Park. — There shall be established and built by the South Carolina
highway department, the Colonel James Willams memorial highway running
from South Carolina highway no. 5 at or near York by way of A. L. Black's
store and thence by the most direct and practical route to King's Mountain
battle ground park or area, together with a spur road connecting the said
battleground area with S. C. highway no. 161 near Bethany Church, and with
South Carolina highway no. 5 at Smyrna, S. C, which roads shall be built in
the order above enumerated, and which highways shall be placed in the said
South Carolina highway system as surface treated federal aid highways, for
construction and maintenance, in order to give access to the King's Mountain
battleground from different directions so that same may be accessible to visi-
tors from every section. Provided, that the aggregate length of said highways
shall not exceed ten miles. 1935 (39) 475.
§ 5926-1. Guide or travel signs near state highways. — (1) State Highway
Department Approve Guide Signs Erected in Vicinity of State Highways. —
It shall be unlawful for any person, firm, or corporation to erect any sign on,
along, or in the vicinity of any state highway, purporting to furnish travel infor-
mation, unless such sign shall have been previously approved by the state high-
way department both as to the information furnished and as to the design
and location of the said sign. It shall also be unlawful for any person, firm
or corporation owning property along, or in the vicinity of any state highway,
to permit the erection or maintenance on such property of any sign prohibited
by this section.
(2) Removal of Objectionable Signs — Notify Owners, and Owners of
Property on Which such Signs are. — The state highway department is hereby
directed to give notice in writing to any person, firm, or corporation owning
§ 5926-1 1936 Supplement 258
any sign prohibited by subsection 1 hereof, and to any property owner on
whose land such sign may be erected, specifying the said objectionable sign
and its location. It shall be the duty of each the owner of the sign and the
property owner concerned, upon receipt of such notice, to remove, or cause
to be removed, the said objectionable sign within not exceeding ten days from
receipt of notice.
(3) Penalty. — Any person, firm, or corporation violating the provisions of
this section shall be deemed guilty of a misdemeanor and, upon conviction, shall
be subject to a fine of not exceeding ten ($10.00) dollars for each offense.
Provided, however, any person, firm or corporation erecting any travel sign
upon his or its property that is true and correct information, shall upon the
establishment of the truth of such information be exempted from the penalty
hereinabove proposed.
(4) Department Place Travel Signs on State Highways. — It is hereby
directed that the state highway department shall cause to be placed on all
state highways of the state at suitable points travel signs for the information
and convenience of the traveling public. 1935 (39) 355.
This section added by 1935/355.
§ 5928. Reimburse counties and certain municipalities for hard surface con-
structions. — * * * (2) Reimburse Towns of 2,500 and Less for Hard
Surface Construction. — The state highway department is hereby authorized
and directed to reimburse any town or municipality of a population of two
thousand five hundred (2,500) or less for the appraised value, as determined
by said department, of the hard surface construction of any street where the
said construction was done by and at the expense of any such town or muni-
cipality and where said street is a part of the state highway system. Provided,
that in no case shall the highway department make any reimbursement on ac-
count of any width greater than twenty (20) feet nor shall any reimburse-
ment be made to any municipality for any hard surface construction provided
by such municipality as street width additional to any twenty feet constructed
by the state highway department. * * * 1936 (39) 1443.
1936/1443 superseded the first sentence of to second paragraph of this section by
the second paragraph of this section, 1932 1936/1443. The section otherwise remains
Code. The above sentence and proviso added as it is in the 1932 Code.
§ 5931. Road construction by counties.
Actions of state highway commissioners Governor's suspension of highway commis-
in voting to enter into reimbursement sioners from office. Dacus v. Johnston,
agreements with counties did not warrant S. C, ; 185 S. E., 491.
§ 5946-1. Levy tax on property of any county to pay certain highway re-
imbursement obligations paid by state highway department.
See this section 1934 Supplement.
§ 5947. Limit of indebtedness — conditions.
§ 5973-4 this supplement should be con- certificates of indebtedness issued pursuant
suited herewith. to § 5973-1, and the written evidence of
State highway bond act authorizes is- obligation issued pursuant to 1932/1123.
suance of certificates of indebtedness of State v. Stevens et al., 175 S. E., 213, 173
state to refund or pay short term highway S. C, 149.
notes issued pursuant to § 5948, callable
§ 5948. Governor and state treasurer may borrow under stated conditions.
See notes under § 5947.
§ 5951. Use of proceeds of sale.
See notes under § 5947.
§ 5964. Contents of certificate of indebtedness.
See notes under § 5947.
259 Code of Laws of South Carolina § 5973-4
§ 5970. Use of funds. — * * * (a) * * * Provided, however, the state
highway commission is hereby authorized and directed to reimburse, upon a valu-
ation being made as hereinafter provided, Myrtle Beach estates, incorporated for
about three and 8/10 (3-8/10) miles, or whatever distance said road shall
measure, of concrete road and culvert-bridge constructed by it through its
property during the years of 1927 and 1928 in Horry County, and taken over
by said state highway department as a part of state highway number 49, said
reimbursements to be made upon the value of said road to the state at the
time it was taken over by the state highway department, and said reimburse-
ment to be in full and final settlement of all claims or demands existing in
favor of Myrtle Beach estates incorporated against the state highway depart-
ment from the construction of said road, Provided, however, that the value
fixed for said section of road, exclusive of said concrete culvert bridge, shall
not exceed what it would have cost the state highway department to have
built said section out of material similar to the material used on said high-
way at either end of said section. 1935 (39) 260.
The above proviso added to paragraph tion otherwise remains unchanged,
(a) of this section by 1935/260. The sec-
§ 5973-1. Kefinance certain state highway obligations — limitations.
See this section in 1934 Supplement. sued hereunder have been paid.
Sections 5973-2, 5973-3, 5973-4 and 5973- This section intended to supply an ad-
5 should be consulted in connection with ditional and alternative method of issuing
this section. notes or certificates of indebtedness. State
Editor's note : The state highway com- v. Stevens, 175 S. E., 213 ; 173 S. C, 149.
missioner advises that the obligations is- See notes under § 5947.
§ 5973-2. Issuance of certificates of indebtedness retire certain obligations
of state highway department.
See this section in 1934 Supplement. See notes under § 5947.
Sections 5973-1, 5973-3, 5973-4 and 5973- §§ 5973-2 and 5973-3 do not repeal the
5 should be consulted in connection with authority to issue certificates of indebted-
this section. ness in accordance with the terms provided
Editor's note: The state highway com- in the state highway bond act, particularly
missioner advises that the obligations is- § 5964. State v. Stevens, 175 S. E., 213 ; 173
sued hereunder have been paid. S. C, 149.
§ 5973-3. Issuance of certificates of indebtedness and reimbursement obli-
gations by state highway department restricted — duration.
See this section in 1934 Supplement. this section.
Sections 5973-1, 5973-2, 5973-4 and 5973-5 See notes under §§ 5947 and 5973-2.
should be consulted in connection with
§ 5973-4. Issuance and sale of state highway certificates of indebtedness
and reimbursement obligations — amount limited — use of funds therefrom — ag-
gregate principal indebtedness of state highway department limited — con-
struction program.— (1) When Sell — Aggregate Principal Indebtedness
for Construction of System Limited — ''Reimbursement Obligations" De-
fined. — To the end that the aggregate principal indebtedness of the state high-
way department on account of the construction of the state highway system
may be reduced from year to year and funds be provided for the continuance
of the construction of the state highway system, neither state highway certifi-
cates of indebtedness nor reimbursement obligations pursuant to reimburse-
ment agreements with counties or road districts shall hereafter be issued or
sold in any calendar year under the terms and provisions of existing laws as
amended, limited or qualified by the terms and provisions hereof, unless the
aggregate principal of any such certificates of indebtedness and/or reimburse-
; ment obligations shall be less by five hundred thousand ($500,000.00) dollars
i than the total aggregate principal indebtedness retired during the calendar
§ 5973-4 1936 Supplement 260
year next preceding of like obligations issued or assumed before the passage
hereof; Provided, that in no event shall the aggregate principal indebtedness
of the state highway department on account of the construction of the state
highway system be greater than the said indebtedness of said department as
of the first day of January, nineteen hundred and thirty-four. The term "re-
imbursement obligations" as used in this section includes all payments made
or to be made by the state highway commission to or on behalf of counties,
road or bridge districts, on account of the construction of the state highway
system, under the provisions of chapters 126 and 127, Volume III, Code of
Laws of 1932, and any other laws requiring the state highway commission to
reimburse counties, road or bridge districts, or municipalities, on account of
the construction of the state highway system, including obligations hereafter
created pursuant to reimbursement agreements with counties or road districts.
The limitations or restrictions imposed by this section shall not apply to cer-
tificates of indebtedness which may be issued for the purpose of paying the
principal of outstanding notes or certificates of indebtedness or reimburse-
ment obligations.
(2) Sale of Certificates — Duty of State Treasurer and Commission. —
No state highway certificate of indebtedness shall be issued or sold unless
the same shall be within the limitations of the powers conferred herein, nor
shall any said certificates of indebtedness be issued and sold unless and until
the conditions prescribed in chapter 127, volume III, Code of Laws of 1932, as
heretofore and hereby amended, changed or modified, shall have been com-
plied with. The duty is hereby imposed solely upon the state treasurer to is-
sue, sell and sign said certificates of indebtedness in the name of the state
when the conditons prescribed herein and by chapter 127, volume III, Code of
Laws of 1932, as heretofore and hereby amended, changed or modified have
been fully complied with and the state highway commission shall have trans-
mitted to the state treasurer a written request for the issuance of such certif-
icates of indebtedness embodying a statement showing compliance with the
terms hereof, and the information required by sub-divisions (a), (b), (c) and
(d) of section 5947, volume III, Code of Laws of 1932. The power and author-
ity to find and determine the sufficiency of the motor vehicle revenues (the
five cents gasoline tax and the motor vehicle license tax) for the purposes of
this section are hereby imposed solely upon the state highway commission.
The said certificates of indebtedness herein authorized shall be signed by the
state treasurer and the great seal of the state shall be affixed to or impressed
upon them and attested by the secretray of state. No provision hereof shall
be held or construed to affect the legality of existing or now outstanding ob-
ligations of the state highway department on account of the construction of
the state highway system.
(3) Use of Funds — "Highway" Defined. — Funds derived from the sale
of certificates of indebtedness herein authorized or funds derived from the
sale of reimbursement obligations shall be used by the state highway depart-
ment for the construction of the state highway system, including matching
federal aid. The state highway department shall within the next two years,
or as soon as practicable, construct or let to contract the highways designated
for construction herein. The term " highway" includes bridges, drainage
structures, rights-of-way and borrow pits.
(4) Highways Construct. — The highways herein authorized and directed to
be constructed are as follows: (See 1936 acts, page 1562, for such highways.)
261 Code of Laws op South Carolina § 5973-5
(5) Certificates Sell — Construct Highways in Subsection 4 Hereof. —
The aggregate amount of state highway certificates of indebtedness herein
authorized and directed to be issued and sold by the state treasurer for the
purpose of financing the construction of the highway projects enumerated in
subsection (4) hereof, is hereby limited to the estimated cost of said projects,
as determined by the state highway department, less the amount of federal
aid funds available for such projects, as determined by the state highway de-
partment. This subsection shall not apply to the issuance of state highway
certificates of indebtedness for the purpose of paying the principal of state
highway certificates of indebtedness or notes previously issued or for the pur-
pose of makng reimbursements to counties or road districts as required by
law.
(6) Sale of Certificates to Refinance, Etc. — Duty of State Treasurer
under Chapter 127. — For the purpose or refinancing outstanding obligations
of the state highway department on account of the construction of the state
highway system and for raising monies necessary to retire and pay state high-
way certificates of indebtedness or reimbursement obligations as they mature
or become due, the duty is hereby imposed solely upon the state treasurer to
issue and sell state highway certificates of indebtedness under the terms and
conditions prescribed in chapter 127, volume III, Code of Laws of 1932, as
heretofore and hereby amended, changed or modified. The amount of said
certificates of indebtedness which shall be issued and sold by the state treas-
urer during any calendar year for the purpose of this section shall be de-
termined by the state highway commission, but in no event shall the aggregate
principal indebtedness of the state highway department, on account of the
construction of the state highway system, be greater than the said aggregate
principal indebtedness of said department as of the first day of January,
nineteen hundred and thirty-four.
(7) Intention. — It is not the intention of this section to restrict or limit
the state highway department in its duty and authority to co-operate with
the federal highway authorities under the provisions of the applicable statutes.
(8) Saving Clause. — If any section, subsection, paragraph, sentence, clause
or provision of this section shall be held unconstitutional or invalid for any
reason the same shall not affect, impair or invalidate any of the remaining
sections, subsections, paragraphs, sentences, clauses or provisions.
(9) Repeal — Cumulative. — All acts or parts of acts inconsistent with the
provisions of this section are hereby repealed to the extent of such incon-
sistency. This section shall not be construed as repealing any other act or
acts authorizing the issuance and sale of bonds or other obligations for the
construction of the state highway system but shall be held and construed to
be cumulative thereto. 1936 (39) 1557.
Sections 5973-1, 5973-2, 5973-3 and 5973- this section.
5 should be consulted in connection with This section added by 1936/1557.
§ 5973-5. Bonded indebtedness state highway department and state high-
way commission incur or assume. — The provisions of the various acts of the
General Assembly of 1936 to the contrary notwithstanding, the state highway
commission and/or state highway department is hereby expressly prohibited
from incurring or assuming bonded indebtedness in excess of the aggregate
principal indebtedness of the said commission or department as of the first
day of January, 1934. The state highway commission and/or department is
hereby authorized and empowered to incur or assume bonded indebtedness
§ 5973-5 1936 Supplement 262
under the provisions of laws heretofore enacted up to the amount of aggregate
principal indebtedness of the said commission or department as of the first
day of January, 1934, but under no condition or circumstance shall the state
highway commission or the state highway department incur or assume any
bonded indebtedness in excess of the aggregate principal indebtedness of the
said commission or department as of the first day of January, 1934. 1936 (39)
1793.
Sections 5973-1, 5973-2, 5973-3, and 5973- this section, 1936/1793.
4 should be consulted in connection with This section added by 1936/1793.
§ 5974. Authority of highway commission as to construction.
See notes under § 5947.
§ 5975. Advertisement of letting of contract or purchase.
See notes under § 5947.
§ 5981-1. Notes not used to finance new or proposed construction contracts
— sale — interest.
See this section in 1934 Supplement.
§ 5989. Applications of minors.
See this section in 1934 Supplement.
§ 5995. Lost or destroyed license — fee for duplicate.
See this section in 1934 Supplement.
§ 5996. Cause or causes to revoke license — investigation — procedure — ad-
mission as evidence — report revoked licenses.
See this section in 1934 Supplement.
§ 5997-1. Unlawful for owner cause or permit any of certain persons to
operate motor vehicle without license — non-residents.
See this section in 1934 Supplement.
§ 6004. Enforcement.
Highway patrolman act as state con- presence. Homicide is not justified by one
stable — power to arrest. — Highway patrol- resisting arrest from such highway patrol-
man being also state constable has right man, although the patrolman did not advise
to arrest anywhere without a warrant any he was state constable also. State v. Luster,
person committing a misdemeanor in his 182 S. E., 427 ; 178 S. C, 199.
§ 6005. Uniforms — equipment. — * * * (2) Motor Vehicle Equipment.
— As the motorcycles now used by the highway patrol of the state highway de-
partment become unfit for use, or in cases where the use of motorcycles is
impractical, the said highway department is hereby authorized and em-
powered to purchase automobiles for use in state highway patrol work. All
funds necessary for additional motor vehicle law enforcement shall be paid
from the state highway fund. It is hereby provided that the highway depart-
ment may change no more than 50% of its present motorcycle equipment to
automobile equipment. 1935 (39) 289.
Subsection 2 added by 1935/289.
§ 6010-1. Rural electrification under state control.
See this section in 1934 Supplement.
§ 6010-2. State rural electrification authority law. — (1) Short Title. — This
section may be cited as the "State Kural Electrification Authority Law."
(2) Definitions. — The following terms, whenever used in this section shall
have the following meanings, unless a different meaning clearly appears from
the context :
(a) "authority" shall mean the corporation created by this section.
(b) "board" shall mean the board of directors of the authority.
(c) "bonds" shall mean and include negotiable bonds, interim certificates
or receipts, notes, debentures and all other evidences of indebtedness either is-
sued or the payment thereof assumed by the authority.
263 Code of Laws of South Carolina § 6010-2
(d) "acquire" shall mean and include construct, acquire by purchase, lease,
devise, gift or the exercise of the right of eminent domain, or other mode of ac-
quisition.
(e) "person" or "inhabitant" shall mean and include natural persons,
firms, associations, corporations, business trusts, partnerships and bodies pol-
itic.
(f) "energy" shall mean and include any and all electric energy no matter
how or where generated or produced.
(g) "system" shall mean and include any plant, works, system, facilities,
properties, or parts thereof, together with all appurtenances thereto, used or
useful in connection with the generation, production, transmission or distribu-
tion of energy.
(h) "law" shall mean any act or statute, general, special or local of the state.
(i) "state" shall mean the state of South Carolina.
(j) "legislature" shall mean the legislature of the state.
(k) "municipality" shall mean any city, county, town, or board or commis-
sion of the state.
• (1) "federal agency" shall mean and include the United States of America,
the President of the United States of America, the federal emergency adminis-
trator of public works, and any and all other authorities, agencies, and instru-
mentalities of the United States of America, heretofore or hereafter created.
(m) "improve" shall mean and include construct, reconstruct, improve, re-
place, repair, extend, enlarge, alter or better.
(n) "service" shall mean and include the sale or other disposition of energy
at the lowest cost consistent with sound economy, public advantage and the
prudent management of the business of the authority.
(3) State Rural Electrification Authority— Directors. — A corporation
to be known as the state rural electrification authority is hereby created. Said
authority shall be a public corporation in perpetuity under its corporate name,
and shall under that name be a body politic and corporate. The authority shall
have a board of directors and the powers of the authority shall be vested in and
i exercised by a majority of the members of the board then in office. The members
I of the board shall be the Governor of the state, the comptroller general, the state
I treasurer, the president of the State University, the president of Clemson Col-
lege, the president of The Citadel, the president of Winthrop College and their
successors in office, and two members to be appointed by the Governor for a
term of two years from the first day of February in the year in which such ap-
pointments are made, or until their successors are appointed, one such member
to be appointed upon the recommendation of the state Senate and the other such
member upon the recommendation of the state House of Representatives. The
chairman of the board shall be the Governor of the state and the comptroller
[general shall be the secretary-treasurer of the board. The members of the board
shall exercise their duties as members of such board as an incident to the of-
fices they hold and shall receive no compensation for their services as members
of the board, but shall be entitled to reimbursement for all expenses incurred in
connection with the exercise of their powers and duties as members of the board.
(4) Powers of Board. — The board shall have power to do all things necessary
or convenient in conducting the business of the authority, including, but not
limited to :
(a) To adopt and amend by-laws for the management and regulation of its
'affairs and the business in which it is engaged ;
§ 6010-2 1936 Supplement 264
(b) To use, with the consent of a municipality, the agents, employees or fa-
cilities of such municipality and to provide for payment of the agreed propor-
tion of the cost thereof;
(c) To appoint officers, agents and employees and to fix their compensation;
(d) To inquire into any matter relating to the affairs of the authority, to
compel by subpoena the attendance of witnesses and the production of books
and papers material to any such inquiry, to administer oaths to witnesses and to
examine witnesses and Buch books and papers;
(e) To appoiid an advisory board to assisl in the formation of proper policies
in respecl to the business of the authority;
(f) To execute instruments;
(g) To delegate to one or more of its members, or to its agents and employees,
such powers and duties as it may deem proper.
(5) CORPORATE PURPOSE of Authority. — The corporate purpose of the au-
thority is to encourage and promote the fullest possible use of energy by all of
the inhabitants of the state by rendering Bervice to said inhabitants to whom
energy is not available or, in the opinion of the board, is not available at reason-
able rates.
(6) Extent of Powers op Authority.— The authority is hereby vested with
all powers necessary or requisite for the accomplishment of its corporate pur-
pose and capable of being delegated by the legislature of the state; and no enum-
eration of particular powers hereby granted shall be construed to impair any
general grant of power herein contained, nor to limit any such grant to a power
or powers of the same class or classes as those so enumerated.
(7) General Powers of Authority.— Subject only to the constitution of the
state, the authority shall have power:
(1) To sue and be sued, claim and defend, in its own name; provided that
the liability of the authority in tort for injury to property shall be limited
to $1,500.00, and for injury to person shall be limited to $4,000.00, and the
proceduce for filing and enforcing such tort claims shall be the same as that
now provided by law for claims in tort against the highway department. 2
To have a seal and alter the same at pleasure. (3) To render service to the
inhabitants of the state and by contract or contracts with any person, federal
agency or municipality or by its own employees, to acquire, own, operate, main-
tain, and improve a system or systems. (4) To acquire, hold and dispose of
property, real and personal, tangible and intangible, or interests therein, in its
own name, subject to mortgages or other liens or otherwise and to pay therefor
in cash, property or on credit, and to secure and procure payment of all or any
pari of the purchase price thereof on such terms and conditions as the board
shall determine. (5) To cause surveys to be made of areas throughout the state
for the purpose of determining the economic soundness of the acquisition of a
system or systems therein, to make plans and estimates of the cost of such sys-
tem or systems and in connection therewith to enter on any lands, waters and
premises for the purpose of making such surveys, soundings and examinations.
(6) To have complete control and supervision of the system or systems and to
make such rules and regulations governing the rendering of service thereby as,
in the judgment of the board, may be just and equitable. (7) To fix, maintain
and collect rates and charges for services. (8) To construct or place any part
or parts of a system or systems across, in or along any street or public highway,
over any lands which are now or may hereafter be the properly of the state or
265 Code of Laws of South Carolina § 6010-2
any political subdivision thereof without obtaining any franchise or other per-
mit therefor. The authority shall, however, restore any such street or highway
to its former condition or state as near as may be and shall not use the same
in a manner to impair unnecessarily its usefulness ; provided that the liability
of the state highway department shall in no case be increased or extended by
reason of anything authorized or done under the authority of this provision.
(9) To execute all instruments necessary or convenient, including, but not
limited to, indentures of trust, leases, and bonds. (10) To borrow money and
issue negotiable bonds and to provide for the rights of the holders thereof. (11)
To accept gifts or grants of money or property, real or personal, and voluntary
and uncompensated services from any person, federal agency or municipality.
(12) To make any and all contracts necessary or convenient for the full exer-
cise of the powers herein granted, including, but not limited to, (a) contracts
with any person, federal agency or municipality for the purchase or sale of
energy and (b) contracts with any person, federal agency, or municipality
for the management and conduct of the business of the authority or any part
thereof. (13) To condemn either the fee or such right, title, interest, or easement
in property as the authority may deem necessary for any of the purposes men-
tioned in this section, and such property or interest in such property may be so
acquired whether or not the same is owned or held for public use by corpora-
tions, associations or persons having the power of eminent domain, or otherwise
held or used for public purposes, including lands held and used for cemetery
purposes; and such power of condemnation may be exercised in the mode or
method of procedure prescribed by sections 8454 to 8466, or in the mode or
method of procedure prescribed by any other applicable statutory provisions
now in force or hereafter enacted for the exercise of the power of eminent do-
main. (14) To do any and all acts and things herein authorized or necessary
or convenient to carry out the powers expressly given in this section under,
through or by means of its own offices, agents and employees, or by contracts
with any person, federal agency or municipality. (15) To subscribe to and
comply with any rules or regulations made by any federal agency with regard
to any grants or loans from any federal agency.
(8) Authority Issue Bonds. — The authority shall have power and is hereby
authorized from time to time to issue its bonds in anticipation of its revenues
for any corporate purpose. Said bonds may be authorized by resolution or res-
olutions of the board, and may be issued in one or more series, may bear such
date or dates, mature at such time or times not exceeding forty years from their
respective dates, bear interest at such rate or rates, not exceeding six per cen-
tum per annum, payable semi-annually, be in such denominations, be in such
form, either coupon or registered, be executed in such manner, be payable in
such medium of payment, at such place or places, and be subject to such terms
of redemption, with or without premium, be declared or become due before the
maturity date thereof, as such resolution or resolutions may provide. Said
bonds may be issued for money or property (at public or private sale for such
price or prices) as the board shall determine, provided, that the interest cost
to maturity of the money or property (at its value as determined by the board,
the determination of which shall be conclusive) received for any issue of said
bonds, shall not exceed six per centum per annum, payable semi-annually. Said
bonds may be repurchased by the authorit} r out of any available funds at a
price not to exceed the principal amount thereof and accrued interest, and all
bonds so repurchased shall be cancelled. Pending the preparation or execution
§ 6010-2 1936 Supplement 2661
of definite bonds, interim receipts or certificates or temporary bonds may be de-
livered to the purchaser or purchasers of said bonds.
(9) Validity of Bonds. — Said bonds bearing the signatures of officers in of-
fice on the date of the signing thereof shall be valid and binding obligations
notwithstanding that before the delivery thereof and payment therefor any or
all the persons whose signatures appear thereon shall have ceased to be such
officers. The validity of said bonds shall not be dependent on or affected by the
validity or regularity of any proceeding relating to the acquisition or improve-
ment of the system or systems for which said bonds are issued. The resolution or
resolutions authorizing said bonds may provide that the bonds shall contain a
recital that they are issued pursuant to this section, which, recital shall be con-
clusive evidence of their validity and of the regularity of their issuance.
(10) Bonds Not State Debt. — No holder or holders of any bonds issued under
this section shall ever have the right to compel any exercise of taxing power of the!
state or of any political subdivision thereof to pay said bonds or the interest there-
on. Each bond issued under this section shall recite in substance that said bond,
including the interest thereon, is payable from the revenues pledged to the pay-
ment thereof, and that said bond does not constitute a debt of the state.
(11) Operation of Authority — Rates for Services, Etc. — The authority
shall not be operated for gain or profit or primarily as a source of revenue to
the state. The authority shall, however, prescribe and collect reasonable rates,
fees or charges for the services, facilities and commodities made available by it,
and shall revise such rates, fees or charges from time to time whenever neces-
sary so that the authority shall be and always remain self-supporting, and shall
not require appropriations by the state to enable it to carry out its purpose.
The rates, fees or charges prescribed shall be such as will produce revenue at
least sufficient (a) to pay when due all bonds and interest thereon, for the
payment of which such revenue is or shall have been pledged, charged or other-
wise encumbered, including reserves therefor, and (b) to provide for all ex-
penses of operation, maintenance or improvement of the system or systems ac-
quired by the authority including reserves therefor.
(12) State Not Alter Agreements between Authority and Bond Hold-
ers. — The state does pledge to and agree with the holders of bonds issued by the
authority that the state will not limit or alter the rights and powers hereby
vested in the authority to fix and collect such rates, fees and charges as may
be necessary or advisable in order to produce sufficient revenue to meet all
expenses of maintenance and operation of its system or systems and to fulfill
the terms of any agreements made with the holders of such bonds, or in any way!
impair the rights and remedies of the holders of such bonds, until such bonds
together with interest thereon, and interest on any unpaid installments of in-
terest, and all costs and expenses in connection with any suits, actions or pro-
ceedings by or on behalf of such bondholders are fully paid and discharged.
(13) Powers of Authority in Issuing and Securing Payment of Bonds. — I
In connection with the issuance of bonds or in order to secure the payment of
its bonds, the authority incorporated under this section shall have power :
(1) To pledge all or any part of its revenues.
(2) To vest in a trustee or trustees the right to enforce any covenant made
to secure, to pay, or in relation to its bonds, to provide for the powers and du-
ties of such trustee or trustees, to limit the liabilities thereof, and to provide the
terms and conditions upon which the trustee or trustees or the holders of bonds
or any amount or proportion of them may enforce any such covenant.
267 Code of Laws of South Cakolina § 6010-2
(3) To take such covenants and to do any and all such acts and things as
may be necessary or convenient or desirable in order to secure its bonds or
which, in the absolute discretion of the board, tend to make the bonds more
marketable, notwithstanding that such covenants, acts and things may restrict
or interfere with the exercise of the powers herein granted ; it being the inten-
tion hereof to give the authority power to do all things in the issuance of bonds,
and for their security, that a private business corporation can do under the gen-
eral laws of the state.
(14) Additional Rights of Bond Holders. — In addition to all other rights
and all other remedies, any holders of bonds of the authority, including a trus-
tee for bondholders, shall have the right by mandamus or other suit, action or
proceeding, at law or in equity, to enforce his rights against the authority, in-
cluding the right to require the authority to fix and collect rates and charges
adequate to carry out any agreement as to, or pledge of, the revenues produced
by such rates or charges, and to require the authority and such board to carry
out any other covenants and agreements with such bondholder and to perform
its and their duties under this section.
(15) State Agencies Cannot Regulate Rates for Services, Etc. — Rates
charged for the service and facilities afforded by the authority or of any re-
ceiver, if any, appointed by a court of competent jurisdiction shall not be sub-
ject to supervision or regulation by any other state bureau, board, commission
or other like instrumentality or agency thereof ; and it shall not be necessary
for the authority or any such receiver to obtain any franchise or other permit
from any such bureau, board, commission or other instrumentality of the state
in order to carry out the powers authorized by the provisions of this section.
(16) Property Exempt from Taxes. — The effectuation of its authorized pur-
poses by the authority is and will be in all respects for the benefit of the people
of the state, for the increase of their commerce and prosperity and for the im-
provement of their health and living conditions, and since the authority will be
performing essential governmental functions in effectuating said purposes, said
authority shall not be required to pay any taxes or assessments upon any prop-
erty acquired or used by it for such purposes, and any bonds or other obliga-
tions issued by the authority, their transfer and the income therefrom shall be
at all times free from taxation within the state.
(17) Energy — Persons Generating, Transmitting or Distributing — Fur-
nish — Rates — Terms. — Any person engaged in the business of generating,
transmitting or distributing energy shall furnish energy to the authority at
points on their generation, transmission or distributional system at such rates
and upon such terms and conditions as may be prescribed by the South Caro-
lina public service commission. All bills of any person furnishing energy to
the authority, and the rates to be applied thereto, shall be computed on the
basis of the monthly aggregate meter readings on all lines of the authority served
by such person. Any such person shall, for the purpose of such delivery, in-
stall at a fair and reasonable cost to the authority, on its demand, suitable
substations, switches, transformers and other like and unlike apparatus. Nothing
herein shall be construed to limit the power of the authority itself to generate,
transmit or distribute energy pursuant to this section.
(18) Rates to State. — If the state or any agency, department or instrumen-
tality thereof elects to avail itself of the service or facilities rendered by the
authority, the state or such agency, department or instrumentality shall pay
therefor at the regularly established rates.
§ 6010-2 1936 Supplement 268
(19) Appropriation. — The sum of twenty-five thousand dollars ($25,000.00)
or so much thereof as may be necessary, is hereby appropriated to pay for the
surveys herein authorized and other preliminary expenses of the authority un-
til funds shall be obtained from the sale of bonds provided for under this sec-
tion, and the state of South Carolina shall be reimbursed by the authority for
any advances made for such purposes.
(20) On Cessation of Authority State Keceive Its Property. — In the
event that the authority shall cease to exist, all of its assets remaining after
all of its obligations and liabilities have been satisfied or discharged shall pass
to and become the property of the state.
(21) Application of Laws to Section. — This section is complete in itself
and shall be controlling. The provisions of any other law, general, special, ex-,
cept as provided in this section, shall not apply to the authority created by this
section.
(22) Saving Clause. — If any provision of this section, or the application of
such provision to any person, body, or circumstance shall be held invalid, the
remainder of this section, or the application of such provisions to persons,
bodies, or circumstances other than those as to which it shall have been held
invalid, shall not be affected thereby. 1935 (39) 71.
This section added by 1935/71.
§ 6042-1. Savannah River navigation commission.
See this section in 1934 Supplement.
§ 6042-2. South Carolina intracoastal waterway commission.
1934/1314; 1935/120 provide for South waterway from Winyah Bay to Charleston
Carolina intracoastal waterway commis- and from Charleston to Beaufort,
sion and for right-of-way for intracoastal
§ 6079. Persons exempt from toll.
See this section in 1934 Supplement.
§ 6129. Bond issue.
See § 6210-1 for refunding outstanding bonds issued by drainage districts.
§ 6157. Formation of drainage districts — petition.
See this section in 1934 Supplement.
§ 6173. Levy of assessments — payment of assessments on lands of the
state — drainage tax record.
See this section in 1934 Supplement.
§ 6175. Collection of drainage tax — duties of county treasurer — bond. — It
shall be the duty of the county treasurer of each county in which lands of any
drainage district organized under this article are situated, to receive the "Drain-
age tax book ' ' each year, and he is hereby empowered, and it shall be his duty to
promptly and faithfully collect the taxes therein set out and to exercise all due
diligence in so doing: Provided, that upon the request of the taxpayer it shall
be the duty of the county treasurer to segregate state, county and school taxes
from the drainage taxes or assessments and permit said taxes or assessments to
be paid at different times. Where any tract or part thereof has been divided and
sold or transferred, the county treasurer shall receive taxes on any part of any
tract, piece or parcel of land, charged with such taxes and give his receipt ac-
cordingly; Provided, that in Darlington County the drainage taxes or assess-
ments shall not be segregated from state, county and school taxes, but in said
county drainage taxes shall be collected at the same time as other taxes; Pro-
vided, the board of supervisors shall ascertain and determine the amount of
such taxes to be paid by each of such owners. The above and foregoing ' ' drain-
age tax book", shall be the warrant and authority of the county treasurer for
269 Code op Laws of South Carolina § 6210-1
making such demand and collection. The said county treasurer shall make due
return of all ''Drainage tax book" immediately after the 31st day of December
of each year to the secretary of the board of supervisors of the aforesaid drain-
age district and shall pay over and account for all moneys collected thereon
each year to the treasurer of said district. Said county treasurer shall in said
"Drainage tax book" verify by affidavit his said return. The said secretary shall
each year, within ten days after the return of said county treasurer is delivered
to him, prepare and certify to said county treasurer a "Drainage tax book"
containing the list of lands so returned by said county treasurer as delinquent,
deliver the same to him and take his receipt therefor, and said county treasurer
shall proceed to collect such delinquent drainage taxes and demand payment
therefor in the manner as herein provided for the collection of current drainage
taxes. Before receiving the aforesaid "Drainage tax book" the county treasurer
of each county in which lands of the drainage district are located, shall execute
to the board of supervisors of the district a bond, with at least two good and suf-
ficient sureties, or some surety or bonding company approved by said board, in
the sum that is double the probable amount of any annual installment of said
tax to be collected by him during any one year, conditioned that said county
treasurer shall pay over and account for all taxes so collected by him according
to law. Said bond after approval by the said board of supervisors, shall be de-
posited with the secretary of the board of supervisors, who shall be custodian
thereof and who shall produce the same for inspection and use as evidence
whenever and wherever lawfully requested so to do. 1933 (38) 360; 1936 (39)
1747.
The above words in italics added ; and demands and collects state and county
the following sentence omitted, "He is taxes due on the same lands," 1933/360 ;
further directed and ordered to demand and 1936/1747.
collect such taxes at the same time that he
§ 6176. Delinquent drainage taxes — penalty.
See this section in 1934 Supplement.
§ 6196. Issue bonds — denominations — interest — maturities — execution —
sale — payment.
See this section in 1934 Supplement. See § 6210-1, this supplement.
§ 6204. Pay assessments in full — pay drainage taxes with obligations of
district. — * * * Provided, that any person, firm or corporation owning land
in Darlington, Dillon, Florence, Marion, Clarendon and Williamsburg Counties
or any drainage district in one or more of said counties, against which drainage
taxes have been assessed or levied, may pay and discharge such taxes with
bonds, notes or other written obligations issued by the board of supervisors of
the same drainage district in which such land is located, pursuant to the pro-
visions of this article ; and the treasurer of either of said counties is authorized
and directed to accept in payment of drainage taxes such bonds or obligations
of the drainage district in which the land is located, as may have matured at
the time they are offered in payment of drainage taxes. 1935 (39) 44.
The above proviso added by 1935/44; 1934/1463.
§ 6210-1. Drainage districts refund outstanding bonds. — Any and all drain-
age districts in South Carolina, organized by or under the laws of said state,
hereby are authorized and empowered to refund all or any part of their out-
standing bonds. In each of such drainage districts, the same officers thereof, here-
tofore authorized and empowered to issue bonds for such drainage district or
districts, hereby are empowered and authorized to execute and deliver such
refunding bonds as are authorized under this section. The bonds so issued may
§ 6210-1 1936 Supplement 270
mature serially over a period of years not exceeding forty (40) years, as may
be determined by the said officers of such district, the first maturing install-
ment not to be more than ten (10) years from the date said bonds bear and
the rate of interest shall not exceed six per centum (6%) per annum, payable
semi-annually. Said bonds may be sold at either public or private sale, as may be
determined by the said officers of such district, provided if sold at public sale,
notice of such sale shall be published at least once in a newspaper published in
the county in which such district is situated, at least ten (10) days before
opening of bids, and if sold at private sale, such sale shall be at not less than
par and accrued interest. In lieu of the sale of all or any part of said bonds the
said officers shall have the right to exchange all or any part thereof, bond for bond,
with the holders of any of the outstanding bonds of said district which the issue
is to refund, the bonds of the issue not exchanged may be sold as hereinabove
provided for the sale of said bonds. Said bonds shall be secured by the same lien
on all lands and other property benefitted in the district and the tax for the
payment of said bonds and interest shall be levied in the same manner and times
as was provided in the issuance of the bonds for the purpose of refunding which
the issue is made, and the provisions of law applicable to drainage districts and
drainage district bonds, as well as any special acts relating to and applicable to
special drainage districts, shall be of full force and effect as to such issue, ex-
cept as herein modified as to maturities. 1934 (39) 2259.
This section added by 1934/2259.
§ 6221-1. Electric lighting districts, water supply districts, fire protection
districts, and sewer districts in unincorporated communities.
See this section in 1934 Supplement.
§ 6229. Proceedings before probate judge for commitment — duties of su-
perintendent as to applications, etc. — * * * Provided, however, that in
Lexington County before the judge of probate shall summon any physician to
examine the patient there shall be filed with him affidavits of three reliable
citizens not related within the third degree to the patient to the effect that the
affiant is well acquainted with the patient and his habits, has had opportunity
to observe him, and that in his opinion it is generally thought that the said
patient is insane and is a fit person to be committed to the state hospital, and
that his condition is not attributable to excessive use of alcoholic liquors or to
the use of narcotics; or if the condition found to exist in the opinion of af-
fiants is attributable to alcoholic liquors or narcotics, that the same is not of a
temporary, but of a permanent character. 1932 (37) 1471; 1935 (39) 85.
The above proviso added by 1932/1471 ; sicians performing lunacv examinations in
1935/85. Clarendon County.
See 1933/220, 1934/1434, for pay of phy-
§ 6232. Admittance of residents and non-residents.
See this section in 1934 Supplement.
§ 6241. Paroles,
See this section in 1934 Supplement.
§ 6272. Time advertise estrays. — At the same time such magistrate shall
cause the estray to be advertised at three or more public places in the county,
one of which shall be on the court house door, for twenty days or by advertising
in a gazette published within the county. 1935 (39) 227.
Time to advertise estrays changed, 1935/227.
§ 6287. Proceedings when owner unknown.
See section 6272 this Supplement.
271 Code of Laws of South Caeolina § 6333
§ 6326. Cities between 5,000 and 6,500 grant exclusive franchises to oper-
ators of motion pictures, etc. — City councils of cities in this state having a
population as shown by the last census taken by the United States government
of between five thousand and sixty-five hundred inhabitants, are authorized
and empowered to grant exclusive franchises to operators of motion pictures and
to other like forms of public amusements and entertainment under such regu-
lation ordinances as may be adopted by the municipal authorities of such cities,
but such franchises shall not be for longer than twenty years. 1935 (39) 406.
Cities from 5,000 to 6,000 included in this section, 1935/406.
§ 6327. Circuses or other traveling shows exhibiting under canvas or out-
doors for gain — license. — * * * (1) Provided, that in Marlboro County the
following license shall be paid : truck traveling shows with ten motor driven ve-
hicles, or less, five ($5.00) Dollars per day, and for each additional ten motor
driven vehicles, or part thereof, five ($5.00) dollars per day; railroad circuses
with not over twenty-five cars fifty ($50.00) dollars per day, and railroad cir-
cuses with more than twenty-five cars, one hundred ($100.00) dollars per day.
Provided, further, that no county license shall be required where any of the
above named traveling shows and circuses shall pay a town or city license of
the amount or amounts set forth above. 1935 (39) 288.
(2) Provided, that no circus, carnival or traveling show of any kind exhibit-
ing under canvas shall be licensed, or allowed to exhibit or do business in
Laurens County, under any auspices or condition for a longer period than
thirty (30) daj r s prior to the opening of the county fair. This provision, how-
ever, shall not apply to carnivals or traveling shows exhibiting under the aus-
pices of Laurens County fair during the particular week of such fair. 1936 (39)
1619.
Proviso (1) added by 1935/288. Comma added after "county" line 3 of
Proviso (2) added by 1936/1619. this section, 1932 Code, by 1935/288.
§ 6333. Carnivals and traveling tent shows. — (1) Unlawful. Exhibit —
Exceptions — * * * (1) Be it further provided, that the provisions of this
section shall not apply to the city and county of Beaufort and counties of
Bamberg and Orangeburg during the time that any celebration, fairs or amuse-
ments are held in said city or county under the sponsorship of the volunteer
fire department of the city of Beaufort, or under the sponsorship of the Ameri-
can Legion and volunteer fire department in the counties of Bamberg and
Orangeburg. 1935 (39) 421.
(2) Provided, further, that the provisions of this section shall not apply in
the county of Greenville when any such carnival or traveling show exhibiting
under tents shall be under the auspices of the American Legion or other
eleemosynary associations: Provided, that no such organization shall have the
right to exhibit any such carnival or show during the time or within 30 days
immediately preceding the opening of a county fair, and for a period of three
days after the closing of any such fair. Only carnivals to which no games of
chance or gambling devices attached shall be allowed to exhibit in the county
of Greenville ; Provided, further, that any carnival exhibiting annually in
Greenville County under the auspices of the Greenville County fair association
incorporated, during the actual showing of said county fair, shall be exempt
from paying any license imposed upon carnivals by the said county of Green-
ville. 1935 (39) 266.
(3) Provided, that the prohibition of carnivals and tent shows provided by
the terms of this section as now or hereafter amended, shall not apply within
§ 6333 1936 Supplement 272
the limits of Aiken, Allendale, Barnwell, Berkeley, Calhoun, Chester, Clarendon,
Florence, Greenville, Greenwood, Hampton, Marlboro, Newberry, Orangeburg,
Pickens, Richland, Saluda, Spartanburg, Sumter, and Union Counties; and
carnivals and tent shows shall be permitted to therein exhibit without license
(except the license tax upon admissions provided by section 2531) when such
exhibitions are under the auspices of a regularly established post of the Ameri-
can Legion in the county in which such exhibitions are had ; provided that the
arrangement between such carnivals and tent shows and the legion posts under
whose auspices they exhibit shall have been made at least three days before
the commencement of any exhibition. 1935 (39) 388.
(4) Provided, however, that not more than one carnival or traveling show
may exhibit under the auspices of the Darlington county fair, and one at the
Hartsville fair, and one under the auspices of the American Legion at Darling-
ton and one under auspices of the American Legion at Hartsville, during any
calendar year. It shall be the duty of the sheriff and/or his deputies to enforce
the provisions of this proviso, and failure to do same shall constitute cause for
removal from office. No games of chance of any nature shall be permitted at
any carnival or traveling show in Darlington County. 1936 (39) 1653.
Proviso (1) added by 1935/421. Horry County; however 1935/266, 421 did
Proviso (2) added by 1935/266. not take notice of such amendment, and
Proviso (3) added by 1935/3S8. each of the said 1935 acts reenacted sec-
Proviso (4) added by 1936/1653. tion 6333 as it was prior to the said 1934
1934/1484 amended this section as to act.
§ 6350. Tables exempt.
See this section in 1934 Supplement.
§ 6367. Materials. — (1) Classification — Labeling; — Substitution — Spec-
ial Contracts — Damages and Penalty. — (a) The materials used in the manu-
facture and mixing of all fertilizers supplying nitrogen or ammonia, and of-
fered for sale in this state, shall be divided into two classes, namely, water-
soluble and available water-insoluble; and the percentage of nitrogen or am-
monia coming from either of these two classes shall be guaranteed, but allowing
a variability of one-fourth of one per cent, for goods containing two per cent,
of ammonia or under, and a variability of one-third of one per cent, for goods
containing two and three per cent ammonia, and a variability of one-half of
one per cent, for goods containing over three per cent, ammonia, and the sev-
eral materials in each of these two classes shall be named on the bag or on a
tag attached thereto, and it shall be permissible for the manufacturer to sub-
stitute one or more materials in either class of approximately equal agricultural
value for other materials of the same class : Provided, that where there is a
contract of agreement between a manufacturer and a purchaser of fertilizer
that the fertilizer will be manufactured by the use of certain definite sources
and amounts of ammonia and potash, the fertilizer must be manufactured from
these materials without substitution of other materials and failure on the part
of the manufacturer to comply with this requirement shall render the manufac-
turer liable to the purchaser for damages as it is now prescribed by law, and
in addition thereto the manufacturer shall pay to the purchaser a penalty equal
to one-fourth of the purchase price of such fertilizer.
(b) Manufacturers and Mixers State Amount and Analysis of Each
Material, or Source, of Each Plant Food Element Used in Manufacture.
— The amount of analysis of each material, or source, of each plant food element
used in manufacture, of a fertilizer mixture containing two or more plant food
elements be stated on a tag attached to each sack or container, such amount of
273 Code of Laws of South Carolina § 6470
material to be stated in pounds per hundred pounds of mixture contained in
the sack or other container. This statement of pounds of materials used in the
manufacture, of a fertilizer mixture shall be in addition to the statement of
chemical analysis as required by section 6366. 1933 (38) 292; 1936 (39) 1401.
1933/292, generally, in paragraph (a) "mineral and organic" to "water soluble
changed the classes of materials used in and available water-insoluble."
manufacture and mixture of fertilizers 1936/1401 added paragraph (b).
supplying nitrogen or ammonia from
§ 6394. Traffic in unpacked lint cotton regulated — license — hours of sale.
See this section in 1934 Supplement.
§ 6402. When public cotton weighers may be elected.
See this section in 1934 Supplement
§ 6412. Cotton weighers, Calhoun County.
See this section in 1934 Supplement.
§ 6418. Cotton weighers, Chester County.
See this section in 1934 Supplement.
§ 6424. Cotton weigher for Johnston, Edgefield County.
See this section in 1934 Supplement.
§ 6425. Compensation for cotton weighers in Edgefield County.
See this section in 1934 Supplement.
§ 6426. Compensation of cotton weighers, York and Florence Counties —
amount charge on truck sold for maintenance of truck market, Florence
County. — The public cotton weighers of York County shall receive as com-
pensation for their services twenty (20) cents for each bale of cotton weighed
by them, ten (10) cents of which shall be paid by the seller and ten (10) cents
by the buyer thereof. The governing board of Florence County shall fix the
compensation of the respective cotton weighers for Florence County, Provided
that in the county of Florence there shall be charged not exceeding two cents
(2c) per hamper on all truck sold in said county as expenses for the main-
tenance of the truck market, and that such amount so collected for said ex-
penses shall be equally divided and one-half of said amount shall be paid by
the buyer and one-half by the seller. 1936 (39) 1304, 1608.
§ 6428. Cotton weigher for town of Kershaw.
See this section in 1934 Supplement.
§ 6429. Cotton weigher for Dekalb township, Kershaw County.
See 1932/1535 and 1935/110, which super- tion, fees, duties, etc., of the cotton weigher,
sede this section, 1932 Code, for the elec- DeKalb township, Kershaw County.
§ 6430. Cotton weigher for Bethune, Kershaw County.
See this section in 1934 Supplement.
§ 6434. Cotton weigher, town of Batesburg. — Repealed by 1936 Acts, page
1393.
§ 6437. Election for cotton weigher at Swansea:
See this section in 1934 Supplement.
§ 6466. Cotton warehouse system abolished.
See this section in 1934 Supplement.
§ 6467. Standard grades.
See this section in 1934 Supplement.
§ 6469. Suits by or against commissioner — warehouse receipts — inspection
of warehouses.
See this section in 1934 Supplement.
§ 6470. Export license.
See this section in 1934 Supplement.
§ 6473 1936 Supplement 274
§ 6473. Commissioner to make reports.
See this section in 1934 Supplement.
§ 6475. Bond of commissioner.
See this section in 1934 Supplement.
§ 6476. Warehouse receipts.
See this section in 1934 Supplement.
§ 6478. Penalty for issuing duplicate receipt.
See this section in 1934 Supplement.
§ 6484. Appropriation for revolving fund for purchase of cotton seed
and/or fertilizer by commissioner.
See this section in 1934 Supplement.
§ 6485. Expenses.
See this section in 1934 Supplement.
§ 6488. Revolving fund for purchase of farm seeds, fertilizers and/or cal-
cium arsenic by the commissioner.
See this section in 1934 Supplement.
§ 6489. Commissioner may purchase and distribute fertilizer, etc.
See this section in 1934 Supplement.
§ 6490. Close warehouse not paying insurance.
See this section in 1934 Supplement.
§ 6491. "Cotton" denned.
See this section in 1934 Supplement.
§ 6498. Duties of commissioner in collection of premiums.
See this section in 1934 Supplement.
§ 6502. Objects for which associations may be formed.
See this section in 1934 Supplement.
§ 6504. Powers. — Each association incorporated under this article shall'
have the following powers :
(a) To engage in any activity in connection with the producing, marketing,
selling, harvesting, preserving, drying, processing, canning, packing, storing,
handling or utilization of any agricultural products produced or delivered to>
it by its members ; or the manufacturing or marketing of the by-products there-
of ; or in connection with the purchase, hiring or use by its members of sup-
plies, machinery or equipment ; or in the financing of any such activities, or
in any one or more of the activities specified in this section. No such association, ,
during any fiscal year thereof, shall deal in or handle products, machinery
equipment, supplies and/or perform services for and on behalf of non-members >
to an amount greater in value than such as are dealt in, handled and/or per-
formed by it for and on behalf of members during the same period.
(b) To borrow money and to make advances to members.
(c) To act as agent or representative of any member or members in any of 1
the above-mentioned activities.
(d) To purchase or otherwise acquire, and to hold, own and exercise all'
rights of ownership, in, and to sell, transfer or pledge shares of the capital
stock or bonds of any corporation or association engaged in any related ac-
tivity or in the handling or marketing of any of the products handled by the
association.
(e) To establish reserves and to invest the funds thereof in bonds or such
other property as may be provided in the by-laws.
(f) To buy, hold and exercise all privileges of ownership over such real or
personal property as may be necessary or convenient for the conducting and
operation of any of the business of the association or incidental thereto.
275 Code of Laws of South Carolina § 6506
(g) To do each and. every thing necessary, suitable or proper for the ac-
complishment of any one of the purposes or the attainment of any one or more
of the objects herein enumerated, or conducive to or expedient for the interest
or benefit of the association, and to contract accordingly ; and in addition to
exercise and possess all powers, rights and privileges necessary or incidental
to the purposes for which the association is organized or to the activities in
which it is engaged ; and in addition, any other rights, powers and privileges
granted by the laws of this state to ordinary corporations, except such as are
inconsistent with the express provisions of this article; and to do any such
thing anywhere. 1935 (39) 163.
§ 6506. Articles of incorporation. — Each association formed under this
article must prepare and file articles of incorporation, setting forth :
(a) Name of the association.
(b) The purpose for which it is formed.
(c) The place where its principal business will be transacted.
(d) The term for which it is to exist, not exceeding fifty (50) years.
(e) The names and addresses (not less than five) of those who are to serve
as directors for the first term or until the election of their successors.
(f) If organized without capital stock, whether the property rights and in-
terest of each member shall be equal or unequal; and if unequal, the articles
shall set forth the general rule or rules applicable to all members by which the
property rights and interests, respectively, of each member may and shall be
determined and fixed ; and the association shall have the power to admit new
members who shall be entitled to share in the property of the association with
the old members, in accordance with such general rule or rules. This provision
of the articles of incorporation shall not be altered, amended, or repealed ex-
cept by the written consent or the vote of three-fourths of the members.
(g) If organized with capital stock, the amount of such stock and the number
of shares into which it is divided and the par value thereof. The capital stock
may be divided into preferred and common stock. If so divided, the articles of
incorporation must contain a statement of the number of shares of stock to
which preference is granted and the number of shares of stock to which no
preference is granted and the nature and extent of the preference and priviliges
granted to each.
In addition to the foregoing, the articles of incorporation may contain any
provision consistent with law with respect to management, regulation, govern-
ment, financing, indebtedness, membership, the establishment of voting dis-
tricts and the election of delegates for representative purposes, the issuance,
retirement and transfer of its stock, if formed with capital stock, or any pro-
visions relative to the way or manner in which it shall operate with respect
to its members, officers, or directors and any other provisions relating to its
affairs : Provided, that nothing set forth in this paragraph shall be construed
as limiting any of the rights or powers otherwise given to such associations.
The articles must be subscribed by the incorporators and acknowledged by
one of them before an officer authorized by the law of this state to take and
certify acknowledgments of deeds and conveyances; and shall be filed in ac-
cordance with the provisions of the general corporation law of this state and
when so filed, shall be received in all of the courts of this state and other
places as prima facie evidence of the facts contained therein, and of the due
incorporation of such association. A certified copy of the articles of incorpora-
tion shall also be filed with the director of the state extension service of Clem-
§ 6506 1936 Supplement 276
son College (and the director of the cotton market bureau of this state). 1935
(39) 163.
§ 6507. Amendment of articles of incorporation. — The articles of incorpora-
tion may be altered or amended at any regular meeting or at any special meet-
ing called for that purpose. An amendment must first be approved by two-
thirds of the directors and then adopted by a vote representing a majority of
a quorum of the members attending a meeting of which notice of the proposed
amendment shall have been given. Amendments to the articles of incorporation
when so adopted shall be filed in accordance with the provisions of the general
corporation law of this state. 1935 (39) 163.
Vote to adopt amendment to articles of incorporation changed, 1935/163.
§ 6508. By-laws. — Each association incorporated under this article must,
within thirty (30) days after its incorporation, adopt for its government and
management, a code of by-laws, not inconsistent with the powers granted by
this article. A majority vote of a quorum of the members or stockholders at-
tending a meeting, of which notice' of the proposed by-law or by-laws shall
have been given, is sufficient to adopt or amend the by-laws. Each association
under its by-laws may also provide for any or all of the following matters:
* # #
(i) The number and qualification of members or stockholders of the associa-
tion and the conditions precedent to membership or ownership of common stock ;
the method, time and manner of permitting members to withdraw or the hold-
ers of common stock to transfer their stock; the manner of assignment and trans-
fer of the interest of members, and of the shares of common stock, the conditions
upon which, and time when, membership of any member shall cease. The au-
tomatic suspension of the rights of a member when he ceases to be eligible to
membership in the association, and mode, manner and effect of the expulsion of
a member ; manner of determining the value of a member 's interest and provi-
sion for its purchase by the association upon the death or withdrawal of a
member or stockholder or upon the expulsion of a member or forfeiture of his
membership, or, at the option of the association, by conclusive appraisal by
the board of directors. In case of the withdrawal or expulsion of a member, the
board of directors shall equitably and conclusively appraise his property in-
terest in the association and shall fix the amount thereof in money, which shall
be paid to him within one year after such expulsion or withdrawal. 1935 (39)
163.
The second sentence of the first para- omitted after the word "stockholders,"
graph was eliminated and the second paragraph (i). This section otherwise re-
sentence of the present paragraph sub- mains unchanged,
stituted therefor by 1935/163. Comma
§ 6512. Membership and stock — liability of members — voting. — When a
member of an association established without capital stock has paid his member-
ship fee in full, he shall receive a certificate of membership. No association shall
issue stock to a member until it has been fully paid for. The promissory notes
of the members may be accepted by the association as full or partial payment.
The association shall hold the stock as security for the payment of the note, but
such retention as security shall not affect the members' right to vote. Except
for debts lawfully contracted between him and the association no member shall
be liable for the debts of the association to an amount exceeding the sum re-
maining unpaid on his membership fee or his subscription to the capital stock,
including any unpaid balance on any promissory notes given in payment there-
of. No stockholder of a cooperative association shall own more than one-half
277 Code of Laws of South Carolina § 6589
of the issued common stock of the association; and an association, in its by-
laws, may limit the amount of common stock which one member may own to any
amount less than one-twentieth of the issued common stock.
There shall be three methods of voting, each organization determining and
stating in their by-laws which method of voting shall be used, the methods of
voting to be one of the three methods as outlined herewith. First, each owner
of common stock to be allowed to vote his holdings of common stock, provided
however that he shall not have a vote exceeding that which corresponds to
twenty (20%) per cent of the total stock issued and outstanding by the organi-
zation ; or second, any cooperative association may allow its members to vote
according to their volume of business in proportion to the total volume trans-
acted by the member through or with the organization during the fiscal year
immediately preceding the annual or special meeting at which the vote shall
be taken, and each organization may determine the unit of volume which shall
be used as a basis of computing the votes, such volume to be calculated as a
basis of voting by units of value which each organization may determine in its
by-laws ; or, third, each member or common stockholder shall be entitled to one
vote. Any association organized with stock under this article may issue pre-
ferred stock, with or without the right to vote. Such stock may be redeemable or
retirable by the association on such terms and conditions as may be provided
for by the articles of incorporation and printed on the face of the certificate.
The by-laws shall prohibit the transfer of the common stock of the association
to persons not engaged in the production of the agricultural products handled
by the association, and such restrictions must be printed upon every certificate
of stock subject thereto.
The association may, at any time, except when the debts of the association
exceed fifty (50%) per cent of the assets thereof, buy in or purchase its com-
mon stock at book value thereof as conclusively determined by the board of
directors and pay for it in cash within one year thereafter. 1935 (39) 205.
§ 6575. Inspection of illuminating oils, gasoline, etc.
See this section in 1934 Supplement.
§ 6585. Inspection of petroleum products — enforcement of requirements.
See this section in 1934 Supplement.
§ 6587. Labeling of concentrated commercial feeds. — Every lot or parcel
of concentrated commercial feeding stuff sold, offered or exposed for sale with-
in, this state shall have affixed thereto, or printed thereon in a conspicuous
place on the outside thereof, a legible and plainly printed statement, in the
English language, clearly and truly certifying the weight of the package (pro-
vided that all concentrated commercial feeding stuffs shall be in standard weight
bags or packages of 25, 50, 75, 100, 125, 150, 175, or 200 pounds) ; the name,
brand or trademark under which the article is sold ; the name and address of
the manufacturer, jobber or importer; the name of each and all ingredients
of which the article is composed ; a statement of the maximum percentage
it contains of crude fiber, and the percentage of crude fat, and percentage of
crude protein; all three constituents to be determined by the methods in use
at the time by the association of official agricultural chemists of the United
States. 1936 (39) 1592.
"and the percentage of carbohydrates, al- eliminated from statement of contents,
lowing one per cent, of nitrogen to equal 3936/1592.
six and one-fourth per cent, of protein"
§ 6589. File statement with commissioner of agriculture and commerce. —
Each and every manufacturer, importer, jobber, agent or seller, before sell-
§ 6589 1936 Supplement 278
ing, offering or exposing for sale in this state any concentrated commercial feed-
ing stuff, shall, for each and every feeding stuff bearing a distinguished name or
trademark, file for registration with the commissioner of agriculture and com-
merce a copy of the statement required in section 6587, and accompany said
statement, on request, by a sealed glass jar or bottle containing at least one
pound of such feeding stuff to be sold, exposed or offered for sale, which sample
shall correspond within reasonable limits to the feeding stuff which it represents,
in the percentage of crude protein, crude fat, and crude fiber which it contains.
1936 (39) 1592.
"Carbohydrates" omitted before the word 1592.
'which" on last line of this section, 1936/
§ 6592. Inspection tax stamp — sales in bulk — exemptions. — Each and every
manufacturer, importer, jobber, agent or seller of any concentrated commercial
feeding stuff, as defined in section 6588, shall pay to the commissioner of agri-
culture and commerce, who shall deposit same in the state treasury on or before
the tenth day of each month, as other funds, an inspection tax of 25 cents per
ton for each ton of such commercial feeding stuff sold, offered or exposed for
sale or distributed in this state, and shall affix to, or accompany each car shipped
in bulk and to each bag, barrel or other package of such concentrated commer-
cial feeding stuff, a stamp to be furnished by the commissioner of agriculture
and commerce, stating that all charges specified in this section have been paid :
Provided, whenever any concentrated commercial feeding stuff, as defined in
section 6588, is kept for sale in bulk, stored in bins or otherwise, the manufac-
turer, dealer, jobber or importer keeping the same for sale shall keep on cards
of proper size, upon which the statement or statements in section 6587 is, or
are plainly printed ; and if the feeding stuff is sold at retail in bulk, or if it is
put up in packages belonging to the purchaser, the manufacturer, dealer, jobber
or importer shall furnish the purchaser with one of said cards upon which is,
or are, printed the statement, or statements, described in this section, together
with sufficient tax stamps to cover same : Provided, that the inspection tax of
25 cents per ton shall not apply to whole seeds and grains when not mixed with
other seeds or materials: Provided, further, that upon demand said inspection
stamps shall be redeemed by the department issuing said stamps upon surrender
of same, accompanied by an affidavit that the same have not been used : Pro-
vided, that nothing in this article shall be construed to restrict or prohibit the
sale of concentrated commercial feeding stuff in bulk to each other by importers,
manufacturers or manipulators who mix concentrated commercial feeding stuff
for sale; but importers, manufacturers and manipulators shall attach to such
feeding stuff a tax stating that it is to be used for mixing purposes only, and
this tag shall give the number of pounds in bulk or package, the name of the
manufacturer, the name of the stuff and its analysis, showing crude protein,
crude fat, and crude fiber, and a duplicate of said tag shall be sent to the com-
missioner of agriculture and commerce, together with a request for inspection.
The commissioners of agriculture and commerce is hereby empowered to pre-
scribe the form of such tag stamps. 1936 (39) 1592.
"hand" omitted after the word "on," line line 21 ; and "and carbohydrates," omitted
13 ; comma omitted after word "demand" after the word "fiber" line 31, 1936/1592.
§ 6681-1. South Carolina board for promotion of external trade. — (1) Cre-
ated — Members. — There is hereby created the South Carolina board for pro-
motion of external trade. Such board shall be composed of :
The Governor of the state, the commissioner of agriculture, commerce and in-
dustry, the chairman of the port utilities commission of Charleston, the presi-
279 Code of Laws of South Carolina § 6681-2
dent of the South Carolina federation of labor, the president of the state fed-
eration of womans clubs, the president of the South Carolina press association,
the president of Clemson College, the president of the South Carolina bankers
association, the chairman of the South Carolina forestry commission, the pres-
ident of the cotton manufacturers association of South Carolina, the president
of the South Carolina economics association, the president of the South Carolina
education association and a citizen of the state, appointed by the Governor to
represent the public. Each named official shall be a member of said board by
virtue of his office. The citizens appointed by the Governor shall hold office for
a term of four years, and until his successor is appointed and qualified. The
Governor of the state shall be the general chairman of the board, the commis-
sioner of agriculture, commerce and industry shall be executive chairman, the
chairman of the port utilities commission of Charleston vice-chairman thereof
and the president of the South Carolina home economics association executive
secretary.
(2) Organization. — The said board shall have the right to organize itself
into such divisions and subdivisions as may be necessary or convenient for
carrying out the purposes for which it is created, may designate sub-chairman
and other officers as may be found necessary; and generally make such rules
and regulations as in its judgment are necessary or proper.
(3) Meetings. — Meetings of the board shall be held at the call of the gen-
eral chairman, or the executive chairman, at such time and place as may be
designated.
(4) Duties. — It shall be the duty of the board hereby created to compile
surveys showing the nature and extent of the natural resources, and of the man-
ufactured 
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