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Full text of "Code of laws of South Carolina 1952, Annotated"

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CODE OF LAWS 

OF 

SOUTH CAROLINA 

1952 



1954 Cumulative Supplement 



ANNOTATED 



Prepared under the supervision and direction of the 
Code Commissioner and the Committee on Statutory 
Laws of the General Assembly of South Carolina 



IN EIGHT VOLUMES 

VOLUME 1 



TITLES 1 TO 12 



Place in Pocket of Volume 1 of Main Set 



FURMAN R. GRESSETTE 
St. Matthews, S. C. 

THE R. L. BRYAN COMPANY 

Columbia, S. C. 

1954 



Copyright 1954 

BY 

The State of South Carolina 



NOTICE 

This pocket supplement is not official. At the direction 
of the Committee on Statutory Laws the Acts as enacted 
have been edited in various particulars to conform them 
to the style and arrangement of the Code of 1952 and to 
make them more readily usable by the practitioner for 
ordinary work. For further details see the Foreword in 
the Pocket Supplement to Volume 1. 



72JW 



JOSEPH 



7 



INC. 



35 



Greensboro, 


N. 


c. 


Baltimore, Md. 


Instructions by: 




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Bind index in back 

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FOREWORD 

This Supplement is published pursuant to an agreement with the Committee 
on Statutory Laws (Hon. J. Carl Kearse, Chairman, Hon. George L. Grantham, 
Hon. James B. Morrison, Hon. Paul M. Arant and Hon. James B. Moore). 

The 1953 Supplement was used as a basis for the treatment of the 1954 pro- 
visions. The work was done under the direction and supervision of the Committee 
on Statutory on Laws and Hon. L. G. Merritt, Code Commissioner. 

Statutes 

This Supplement contains the general and permanent laws enacted at the 1952, 
1953 and 1954 Regular Sessions of the General Assembly except a 1954 act in the 
possession of the Governor permitting certain dental college students to treat 
patients at Whitten Village. For local acts or acts of a temporary nature, reference 
should be made to the Acts and Joint Resolutions of 1952, 1953 and 1954. 

Treatment of Statutes 

Amendments to existing laws or sections of the Code of Laws of 1952 are 
generally inserted under the same section numbers as appear in the Code. New 
acts are codified under the appropriate Titles and chapters. 

Where a Code section consists of several parts and an amending act which 
changes only one part or adds a new part, the remainder of the section being 
unaffected, the amended or new part only has been set out in the Supplement, 
together with a note calling attention to the fact. In addition, certain acts which 
might be deemed sufficiently general to be included in a revision of the Code but 
nevertheless affect only one locality or area have been incorporated by reference 
only. 

As indicated in the Notice placed in each pocket part, the Acts as enacted have at 
the direction of the Committee on Statutory Laws been edited in various particulars 
to conform them to the style and arrangement of the Code of 1952 and to make 
them more readily usable by the practitioner for ordinary work. For example, long 
sections of the Acts have been frequently divided into several smaller sections in 
the Supplement ; when the sequence of sections in an Act did not appear to be 
completely logical or to conform to similar sequences used in the Code, the order 
of the sections has been rearranged to follow what appeared to be the more logical 
order; punctuation, capitalization, the use of italics, etc., has been changed to con- 
form to the usage of the Code ; errors of grammar and punctuation when noted 
and when no ambiguity of meaning involved have been corrected ; long tautological 
phrases have been simplified and similar other changes have been made. And 
every effort has been made to avoid making any change which could possibly 
affect the sense. Where errors in grammar, misplaced punctuation, etc., raised 
an ambiguity as to the intent, the errors have not been corrected but the Act 
lhas been printed in such respects precisely as enacted. Nevetheless, because this 
editing has taken place, in the interest of the general utility of the work, it is 
suggested that in all matters of great importance or doubtful meaning the original 
Act as printed in the Acts and Joint Resolution for the years 1952, 1953 and 1954 
be consulted. 

Historical References 

The full historical citation generally is given following each new or amended 
section except in the instances mentioned in the second paragraph above. 



Annotations 

The annotations have been brought to date with constructions from South 
Carolina cases appearing in the South Carolina Reports through Volume 225, page 
180, the Southeastern Reporter, Second Series, through Volume 78, page 890 and 
the Westbrook Advance Sheets through opinions filed during the week ending 
November 6, 1954. Constructions have also been taken from Federal cases which 
arose in South Carolina, concluding with Volume 123 F. Supp. page 959, Volume 
125 F. (2d), page 656, Volume 347 United States Reports and Volume 74 
Supreme Court Reporter. Annotations have also been prepared from certain 
opinions of the Attorney General to September 17, 1954. 

Index 

The general index in the Code of 1952 should first be consulted to ascertain if 
the subject desired is therein, and if the subject is located, then the particular code 
section number should be consulted in the Supplement to see if it has been affected. 
The supplemental index generally contains references Only to new sections and to 
amended sections when, because of the amendment, the original section has been 
substantially changed. Italicized portions of the supplemental index indicate ref- 
erences to the Code of 1952. 

Rules and Regulations 

Rules and Regulations have been brought up to those filed in the Secretary 
of State's office October 26, 1954. 

Tables 

A table showing where the acts codified in the Supplement have been placed and 
a table of all Code and 1953 Supplement sections amended or repealed appear in 
the supplement to Volume 8, which also contains the general index. 

Editorial Work and Printing 

The editorial work was done by Furman R. Gressette with principal assistance 
from S. Henry Edmunds, mainly the annotations, T. A. Houser and W. R. Symmes. 
The printing, binding and distribution by The R. L. Bryan Company. 

Furman R. Gressette 

The R. I/. Bryan Company 



Code of Laws of South Carolina 

1952 



1954 CUMULATIVE SUPPLEMENT 



Title 1. 
Administration of the Government. 

Chap. 1. General Provisions, §§ 1-49.1 to 1-81. 

2. Governor and Lieutenant Governor, §§ 1-102 to 1-121. 

3. Secretary of State, § 1-201. 

4. Attorney General and Solicitors, §§ 1-231 to 1-260. 

5. Code Commissioner and Committee on Statutory Laws, §§ 1-301 to 

1-316. 

6. State Budget and Control Board, § 1-353.1. 

7. Grounds and Buildings, §§ 1-461.1 to 1-461.2. 
9. Census, §§ 1-600, 1-601. 

12 State Finances, §§ 1-745 to 1-849. 

CHAPTER 1. 

General Provisions. 
Article 4. Article 7. 

Provisions Affecting Only State Code of 1952. 

Officers, Board, etc. Sec. 

S ec - 1-81. Adoption of Code. 

1-49.1. Deductions for Federal taxes. 

Article 5. 
Provisions Affecting Local or Local and 
State Officers, etc. 
1-64. Public employees to give copy of 
statement taken to person mak- 
ing it. 

Article 4. 

Provisions Affecting Only State Officers, Board, etc. 

§ 1-49.1. Deductions for Federal taxes. 

The Comptroller General or any State department or agency of the State Govern- 
ment designated as a withholding agent by him shall make deductions for taxes 
required to be deducted or withheld by the Federal Government from the com- 
pensation of State employees and pay over to the Director of Internal Revenue, or 
any agency designated to receive such funds, all collections so deducted or with- 
held. 

1954 (48) 1566. 

Article 5. 

Provisions Affecting Local or Local and State Officers, etc. 

§ 1-54. Contracts in excess of tax or appropriation; diverting public funds. 

Applied in McKown v. Daniel, 217 S. v. Greenville County, 218 S. C. 181, 62 S. 
C. 510, 61 S. E. (2d) 163 (1950); Beacham E. (2d) 92 (1950). 



§ 1-64 Code op Laws of South Carolina § 1-121 

§ 1-64. Public employees to give copy of statement taken to persons mak- 
ing it. 
Whenever any person employed by the State or any county, city or municipality 
thereof, or any part of any such governing body, shall take a written statement in 
any investigation of any kind or nature from any person, the person receiving or 
taking the written statement shall give to the person making the statement a copy 
thereof and shall obtain from the person making the statement a signed receipt for 
the copy so delivered. 

1952 (47) 1977. 

Cross reference. — As to use of such statements which they "shall take", neces- 

statement as evidence, see §§ 26-7.1 and sarily meaning after the passage of this 

26-7.2. section. State v. Anderson, 224 S. C. 419, 79 

The duty imposed on investigating offi- S. E. (2d) 455. 
cers by this section is with respect to 

Article 7. 

Code of 1952. 
§ 1-81. Adoption of Code. 

The Report of the Code Commissioner made to the General Assembly for the 
year 1951 pursuant to Section 5, Article VI, of the Constitution of South Carolina, 
1895, with the addition of the general and permanent provisions enacted during 
1951 and other additions and amendments, eliminations, corrections, general make- 
up and arrangement made thereto is hereby adopted as the Code of Laws of South 
Carolina, 1952 and said Code is hereby declared to be the only general statutory 
law of the State on the 8th day of January, 1952. 

1953 (48) 2. 

Applied in Wagenberg v. Charleston 
Wood Products, 122 F. Supp. 745 (1954). 

CHAPTER 2. 

Governor and Lieutenant Governor. 

Article 1. Article 3. 

General Provisions Concerning Governor. Appointment and Removal of Officers. 

Sec. Sec. 

1-102. Salary of Governor. 1-121. Filling vacancies when Senate not in 

session. 
Article 1. 

General Provisions Concerning Governor. 

§ 1-102. Salary of Governor. 

The Governor shall receive an annual salary of fifteen thousand dollars. 

1942 Code § 3090; 1932 Code § 3090; Civ. C. '22 § 775; Civ. C. '12 § 691; Civ. C. 
'02 § 621; G. S. 473; R. S. 537; 1865 (13) 350; 1893 (21) 416; 1919 (31) 4; 1924 (33) 
1182; 1948 (45) 1716; 1954 (48) 1566. 

Effect of amendment. — Amendment in- 
creased salary to fifteen thousand dollars 
from twelve thousand dollars. 

Article 3. 
Appointment and Removal of Officers. 
§ 1-121. Filling vacancies when Senate not in session. 

(9) The members of the State Development Board. 

5$; ^c ifc 

1942 Code § 3093; 1932 Code § 3093; Civ. C. '22 § 778; Civ. C. '12 § 694; Civ. C. 
'02 § 624; G. S. 476, 477; R. S. 540; 1868 (14) 66; 1870 (14) 376; 1871 (15) 690; 
1876 (16); 1877 (16) 249; 1878 (16) 571, 609, 766; 1882 (18) 1111; 1890 (20) 697; 



§ 1-122 1954 Cumulative Supplement § 1-251.1 

1896 (22) 154; 1901 (23) 701; 1920 (31) 704, 908; 1922 (32) 938; 1945 (44) 156; Const. 
1895 Art. 12 § 2, Amend; 1954 (48) 1745. 

Effect of amendment. — The amendment in Item (9). The section otherwise remains 
changed Board of Research, Planning and effective, although not reproduced. 
Development to State Development Board 

§ 1-122. Officers Governor shall appoint. 

How vacancies in offices of county di- Government Act created vacancies in the 

rectors created. — The long-continued fail- offices of county director and gave rise to 

ure of a majority, including the Senator, the power of the Governor to appoint un- 

of the York County legislative delegation der the general laws, §§ 14-302 and this 

to recommend persons for appointment as section. Bradford v. Byrnes, 221 S. C. 255, 

members of the county board of directors 70 S. E. (2d) 228 (1952). 
pursuant to the terms of the York County 

CHAPTER 3. 

Secretary of State. 
Sec. 
1-201. Salary. 

§ 1-201. Salary. 

The Secretary of State shall receive an annual salary of ten thousand dollars, 
and fees or perquisites of the office shall be paid into the Treasury of the State. 

1942 Code § 3101; 1932 Code § 3101; Civ. C. '22 § 783; Civ. C. '12 § 699; G. S. 
483, 484; R. S. 546, 547; 1786 (4) 751; 1865 (13) 350; 1924 (33) 1182; 1948 (45) 1716; 
1954 (48) 1566. 

Effect of amendment. — Amendment in- 
creased salary to ten thousand dollars 
from seven thousand five hundred dollars. 

CHAPTER 4. 
Attorney General and Solicitors. 

Article 1. Sec. 

Attorney General and Assistants. 1-255.1. Actions against the State. 

Sec. 1-258. Assistant solicitor for fifth judicial 

1-231. Salary. circuit. 

1-259. Assistant to circuit solicitor, seventh 

Article 2. judicial circuit. 

Solicitors. 1-260. Assistant to circuit solicitor, ninth 

1-251.1. Further duties. judicial circuit. 

Article 1. 

Attorney General and Assistants. 
§ 1-231. Salary. 

The Attorney General shall receive a salary at the rate of ten thousand dollars 
per annum. 

1942 Code § 3112; 1932 Code § 3112; Civ. C. '22 § 795; Civ. C. '12 § 710; Civ. C. '02 
§ 638; G. S. 495; R. S. 555; 1877 (16) 247; 1880 (17) 372; 1919 (31) 4; 1924 (33) 1182; 
1946 (44) 2596; 1948 (45) 1716; 1954 (48) 1566. 

Effect of amendment. — Amendment in- 
creased salary to ten thousand dollars from 
seven thousand five hundred dollars. 

Article 2. 

Solicitors. 
§ 1-251.1. Further duties. 

The several solicitors of the State shall attend all inquests and preliminary hear- 
ings in capital cases when requested by the coroner or the sheriff, and shall within 
their respective circuits in cooperation with, and as assigned by the Attorney Gen- 
eral, represent in all matters, both civil and criminal, all institutions, departments 
and agencies of the State. Likewise in criminal matters outside their circuits, and 



§ 1-255.1 Code of 1 Laws of South Carolina § 1-260 

in extradition proceedings in other States, they shall be subject to the call of the 
Attorney General, who may exclusively in his discretion so assign them in case 
of the incapacity of the local solicitor or otherwise. The solicitors shall perform the 
services herein required, and in no instance, civil or criminal, shall they receive 
for such services any additional compensation, except that they shall be entitled 
to expense allowance, as provided for State employees and officers, when per- 
forming such services outside of their respective circuits. 
1954 (48) 1566. 

§ 1-255.1. Actions against the State. 

The solicitors shall not engage in litigation against the State or any of its de- 
partments. 

1954 (48) 1566. 

§ 1-258. Assistant solicitor for fifth judicial circuit. 

The circuit solicitor of the fifth judicial circuit may appoint a competent attorney, 
who is a resident of the circuit, as an assistant solicitor, who shall perform any and 
all of the duties and functions imposed by law upon the circuit solicitor as the 
solicitor of the circuit shall authorize, designate and direct. The assistant solicitor 
shall be appointed by the solicitor of the fifth judicial circuit to serve for the same 
term as the solicitor and shall receive as compensation for his services five thou- 
sand dollars per year. Four thousand and four hundred dollars of this amount shall 
be paid by Richland County and six hundred dollars shall be paid by Kershaw 
County. 

1953 (48) 139. 

§ 1-259. Assistant to circuit solicitor, seventh judicial circuit. 

The circuit solicitor of the seventh judicial circuit may appoint a competent at- 
torney, who is a resident of Spartanburg County, as assistant solicitor. He shall 
perform any and all of the duties and functions imposed by law upon the circuit 
solicitor in Spartanburg County as the solicitor of the circuit shall authorize, desig- 
nate and direct. The assistant solicitor shall be appointed by the solicitor of the 
seventh judicial circuit and shall, after appointment, be commissioned by the gov- 
ernor. 

The solicitor of the seventh judicial circuit may remove the assistant solicitor 
from office at his pleasure and in no event shall the assistant solicitor be appointed 
for a period beyond the term of office of the circuit solicitor. The assistant solicitor 
shall receive from Spartanburg County as compensation for his services the sum 
of thirty-four hundred dollars per year, payable the first and fifteenth of each 
month ,and eight hundred dollars per year for travel. 

The assistant solicitor shall appear and represent the State in magistrates' courts 
when requested by the sheriff's department or the highway patrol located in Spar- 
tanburg County. He shall further prosecute appeals from magistrates' courts in 
said county. 

1953 (48) 401. 

§ 1-260. Assistant to circuit solicitor, ninth judicial circuit. 

The circuit solicitor of the ninth judicial circuit may appoint a competent at- 
torney, who is a resident of the circuit, as an assistant who shall perform such of 
the duties and functions imposed by law upon the circuit solicitor as the solicitor of 
the circuit shall authorize, designate and direct. Such assistant shall enter upon his 
duties upon the approval of a majority of the legislative delegations within the 
circuit. He shall receive as compensation for his services such amount as shall be 
appropriated by the counties in the circuit, eighty per cent, of such amount to be 
paid by Charleston County and twenty per cent, to be paid by Berkeley County. 

1952 (47) 2076. 



§ 1-301 1954 Cumulative; Supplement § 1-307 

CHAPTER 5. 

Code Commissioner and Committee on Statutory Laws. 

Sec. Sec. 

1-301. Election, Term and Salary of Code 1-307.1. Pocket supplements; revised vol- 

Commissioner. t ume of Code. 

1-302. Vacancy. 1-308. Contracts for pocket supplements or 

1-305. Code Commissioner secretary of revision of volumes. 

Committee and Director of Leg- 1-316. Same; signatures and distribution 

islative Council; Assistants. thereof. 
1-307. Preparation of annual cumulative 

pocket supplements. 

§ 1-301. Election, term and salary of Code Commissioner. 

A Code Commissioner shall be elected by a majority vote of the Legislative Coun- 
cil, and shall hold office for a term of four years and until his successor shall have 
been elected and qualified. He shall receive such salary as may be provided by the 
General Assembly, not to exceed eight thousand dollars per year. 

1942 Code § 2111; 1932 Code § 2111; Civ. C. '22 § 75; Civ. C. '12 § 65; Civ. C. '02 § 
62; 1901 (23) 697; 1918 (30) 798; 1934 (38) 1329; 1940 (41) 1940; 1954 (48) 1761. 

Effect of amendment. — 1954 amendment sembly, reduced the term from ten years 
changed election from the General As- and added last sentence. 

§ 1-302. Vacancy. 

In case of vacancy from any cause, the Legislative Council shall, as soon as 
practicable, elect a successor for the unexpired term. 

1942 Code § 2111; 1932 Code § 2111; Civ. C. '22 § 75; Civ. C. '12 § 65; Civ. C. '02 
§ 62; 1901 (23) 697; 1918 (30) 798; 1934 (38) 1329; 1940 (41) 1940; 1954 (48) 1761. 

Effect of amendment. — Prior to 1954 
amendment vacancy was filled by the Gen- 
eral Assembly or the Governor. 

§ 1-305. Code Commissioner secretary of Committee and Director of Legis- 
lative Council; assistants. 

The Code Commissioner shall act as secretary for the Committee on Statutory 
Laws and shall be the Director of the Legislative Council. As such Director he 
shall employ, subject to the approval of the Legislative Council, such clerical and 
other assistants as may be necessary for the proper performance of the duties of 
the several divisions of the Legislative Council as provided for in §§ 30-105 and 
30-106. 

1942 Code § 2118; 1932 Code § 2118; 1931 (37) 168; 1940 (41) 1940; 1954 (48) 1761. 

Effect of nendment. — 1954 amendment 
added all afu-r "Committee on Statutory 
Laws." 

§ 1-307. Preparation of annual cumulative pocket supplements. 

There shall be prepared and published during the year 1953 and annually there- 
after, under the supervision and direction of the Committee on Statutory Laws and 
the Code Commissioner, cumulative pocket supplements to the Code of Laws, in 
form suitable for insertion in the appropriate volumes of the Code of Laws, show- 
ing, in such detail as the Committee and Commissioner may deem proper and suf- 
ficient : 

(1) All general and permanent statutes enacted during the 1952 and subse- 
quent annual sessions of the General Assembly whereby the general statutory law 
as contained in the Code of Laws has been added to, amended, repealed, or other- 
wise affected ; 

(2) All changes, since the adoption of the Code, in the Constitution of the 
United States, the Constitution of South Carolina, the rules of the Supreme Court, 
the circuit courts and the probate courts of South Carolina and the rules and reg- 
ulations issued by departments and agencies of the State ; and 



§ 1-307.1 Code of Laws of South Carolina § 1-316 

(3) All decisions of the Supreme Court of South Carolina and of the courts of 
the United States, subsequent to those referred to in the then existing Code of Laws, 
construing the general statutory law and the Constitution of South Carolina. 

1942 Code § 2118; 1932 Code § 2118; 1931 (37) 168; 1940 (41) 1940; 1953 (48) 223. 

Effect of amendment. — The principal plements. But the section was entirely re- 
change effected by the 1953 amendment written and numerous other changes were 
was in providing for procket parts as sup- made. 

§ 1-307.1. Pocket supplements; revised volume of Code. 

If at any time the pocket supplement of any volume of the Code of Laws shall, 
in the judgment of the Committee and the Commissioner, become too bulky for 
convenient use, the Committee and the Commissioner shall cause to be prepared 
and published under their supervision and direction and shall submit to the Gen- 
eral Assembly for its consideration a revised volume setting forth the contents of 
the original volume revised and codified to include the effect of such cumulative 
pocket supplement ; and the General Assembly, having considered and approved 
such revision, shall, by bill passed under the formalities prescribed by the Consti- 
tution for the passage of laws, declare such revised volume to be substituted for 
the original volume as a part of the then existing Code of Laws and, to the extent 
of its contents, the only general statutory law of the State. But no pocket supple- 
ment shall be prepared or published for the year in which the Code Commissioner 
shall make his decennial report to the General Assembly as required by § 1-309 
of the Code. 

1953 (48) 223. 

§ 1-308. Contracts for pocket supplements or revision of volumes. 

The Committee on Statutory Laws may contract for the preparation and publi- 
cation of the annual cumulative pocket supplements to the Code of Laws and such 
contracts may be awarded for a period of not more than five years under such 
terms as the Committee may see fit ; and, whenever the Committee and the Code 
Commissioner shall deem it advisable that any volume of the Code be revised and 
republished as provided in § 1-307.1, the Committee on Statutory Laws shall con- 
tract for such revision and republication. 

1942 Code § 2118; 1932 Code § 2118; 1931 (37) 168; 1940 (41) 1940; 1953 (48) 223. 

Effect of amendment. — The amendment 
completely rewrote the section. 

§ 1-316. Same; signatures and distribution thereof. 

Within three days after receiving such page proof corrected from the Code Com- 
missioner the public printer shall print the same in signatures and shall deliver as 
many of such signatures to the Code Commissioner as the Commissioner may order. 
The Code Commissioner on receipt of said signatures shall send a copy of such 
signatures to each of the following officers: the Governor, Supreme Court justices, 
clerk of the Supreme Court, circuit judges, circuit solicitors, county judges, county 
solicitors, clerk of the court of each county, Attorney General, Secretary of State, 
Comptroller General, Adjutant General, State Treasurer, Chief Bank Examiner, 
Chairman of Tax Commission, Chief Highway Commissioner, State Health Officer, 
Director of the Division of Game of the South Carolina Wildlife Resources De- 
partment, chairman of the Public Service Commission, Commissioner of Agricul- 
ture, Insurance Commissioner, State Budget and Control Board, State Superin- 
tendent of Education, State Librarian, clerk of the House of Representatives, clerk 
of the Senate, secretary of the Historical Commission and the members of the 
General Assembly. The public printer shall not distribute any printed matter from 
such signatures of the Acts and Joint Resolutions unless authorized as herein- 
above provided. 

1942 Code § 2114; 1932 Code § 2114; 1927 (35) 268; 1934 (38) 1329; 1941 (42) 119; 
1948 (45) 1643; 1952 (47) 2890. 



§ 1-353.1 1954 Cumulative Supplement § 1-461.2 

Effect of amendment. — The amendment 
substituted the Director of the Division of 
Game for the former Chief Game Warden. 

CHAPTER 6. 
State Budget and Control Board. 

Sec. 

1-353.1. Board may purchase supplies for 
counties. 

§ 1-353.1. Board may purchase supplies for counties. 

The purchasing and property division of the State Budget and Control Board 
may purchase supplies and equipment for the counties of the State when requested 
to do so by the governing body of any county. The purchases shall be made on 
the same terms and under the same rules and regulations as now provided for 
the purchase of supplies by the purchasing and property division. When supplies 
or equipment are purchased for any county, as provided for herein, the cost of 
such supplies and equipment shall be directly borne by the county concerned, which 
shall be billed direct therefor. 

1953 (48) 401. 

CHAPTER 7. 

Grounds and Buildings. 

Article 4. Sec. 

General Provisions. 1-461.2. Same; inapplicable to certain peni- 

Sec. tentiary buildings. 

1-461.1. Public bidding required on certain 
construction contracts. 

Article 4. 
General Provisions. 
§ 1-461.1. Public bidding required on certain construction contracts. 

No public building, or addition thereto, constructed from State funds, costing 
more than ten thousand dollars shall be constructed in the State unless competitive 
bids for the contract therefor shall have been advertised in a newspaper of gen- 
eral circulation in the State, at least three times over a period of thirty days. The 
right to reject any and all bids shall be reserved. All bids shall be opened at the same 
time. All proposals shall be opened in public and shall be recorded in the minutes 
of the board or governing body, and the award shall be made to the lowest re- 
sponsible bidder, taking into consideration quality of workmanship, past performance 
of low bidder and time specified in the proposals for the performance of contract. 
A performance bond shall be required from the successful bidder. 

1954 (48) 1506. 

§ 1-461.2. Same; inapplicable to certain penitentiary buildings. 

Nothing in § 1-461.1 shall prevent the Penitentiary from constructing its own 
buildings with its own labor without such advertising. 
1954 (48) 1506. 

CHAPTER 9. 
Census. 

Sec. Sec. 

1-600. United States census of 1950 adopted. 1-601. [Repealed.] 

1-600.1. Same; population of Newberry 

County for distribution of State 

funds. 



§ 1-600 Code of Laws of South Carolina § 1-745 

§ 1-600. United States census of 1950 adopted. 

The United States census of 1950 is hereby adopted as the true and correct 
enumeration of the inhabitants of the several counties, municipalities and other 
governmental subdivisions of this State. 

1952 (47) 1694. 

§ 1-600.1. Same; population of Newberry county for distribution of State 
funds. 

In the distribution of funds by the State among the several counties on the basis 
of population, the population in the Macedonia district, recently annexed to New- 
berry County, and containing one hundred and eight persons, shall be added to the 
population of Newberry County as shown by the official 1950 census of the United 
States. 

1954 (48) 2410. 

§ 1-601. United States census of 1940 adopted. 

Repealed by A. & J. R. 1952 (47) 1694. 
Cross reference. — See now § 1-600. 

CHAPTER 12. 
State Finances. 
Article 3. Article 6. 

Deposit of State Funds. Comptroller General. 

Sec. Sec. 

1-745. Collateral as security. 1-812. Salary, fees, etc. 

Article 4.11. Article 7. 

The General Fund Reserve. State Treasurer. 

1-781. Established. 1-841. Salary and clerks. 

1-781.1. Maintenance. 1-849. Funds from certain sales in Clark 

1-781.2. Use. Hill project sent to counties. 

Article 1. 
General Provisions. 
§ 1-701. Money to be spent only for purposes specified. 

Applied in McKown v. Daniel, 217 S. 
C. 510, 61 S. E. (2d) 163 (1950). 

§ 1-702. Disbursing officers exceeding or transferring appropriations. 

Applied in McKown v. Daniel, 217 S. 
C. 510, 61 S. E. (2d) 163 (1950). 

Article 3. 

Deposit of State Funds. 

§ 1-745. Collateral as security. 

Any such depository may furnish, instead of such surety bond in an approved 
surety company, as security for such deposit or deposits, United States Govern- 
ment bonds, Federal Farm Loan bonds issued by Federal Land Banks pursuant 
to the Federal Farm Loan Act as amended, Federal Intermediate Credit Bank 
debentures issued by Federal Intermediate Credit Banks pursuant to the Federal 
Farm Loan Act as amended, debentures issued by the Central Bank for Coopera- 
tives organized under the Farm Credit Act of 1933 or bonds or other obligations 
of this State or any political subdivision thereof. Such collateral security shall 
be filed with the proper officers within one week after deposit shall be made, or 
at the time of deposit, if required. 

1942 Code § 2200; 1932 Code § 2200; 1925 (34) 273; 1926 (34) 1049; 1952 (47) 1892. 

Effect of amendment. — The section Bank bonds" in lieu of the bonds issued 
formerly permitted the use of "Federal under the Federal Farm Loan Act and the 
Land Bank bonds" and "Joint Stock Land Farm Credit Act of 1933. 



§ 1-781 1954 Cumulative Supplement § 1-849 

Article 4.11. 

The General Fund Reserve. 
§ 1-781. Established. 

There shall be established and maintained a fund which shall be carried in a 
special account in the State Treasury, which shall be known and designated as 
"The General Fund Reserve". The maximum amount of such reserve shall be 
three million dollars. 

1954 (48) 1566. 

§ 1-781.1. Maintenance. 

On or before September 30 of each year the State Budget and Control Board 
shall determine the amount by which the State's revenues applicable thereto ex- 
ceeded the sum of (a) actual expenditures for normal maintenance and operation 
of the State Government for the fiscal year immediately preceding including ex- 
penditures to political subdivisions of the State based on established percentages of 
revenues but not including expenditures for highway purposes and (b) unex- 
pended balances of continuing appropriations made during the fiscal year im- 
mediately preceding. From such excess revenues so determined, if any, there shall 
be transferred to such reserve an amount sufficient to bring it to the sum of 
three million dollars but not in excess thereof. 

1954 (48) 1566. 

§ 1-781.2. Use. 

The General Fund Reserve shall be used by transfer to the State's General 
Fund as directed by the Board to cover or apply to any annual deficit which may 
occur by reason of general fund expenditures in any year plus other outstanding 
appropriation liabilities exceeding revenues applicable thereto and for no other 
purpose. 

1954 (48) 1566. 

Article 6. 

Comptroller General. 
§ 1-812. Salary, fees, etc. 

The Comptroller General shall receive an annual salary of ten thousand dollars. 
The fees and prerequisites of the office shall be paid into the State Treasury. 

1942 Code § 3135; 1932 Code § 3135; Civ. C. '22 § 831; Civ. C. '12 § 746; Civ. C. '02 
§ 672; G. S. 529; R. S. 588; 1801 (5) 410, 411; 1868 (14) 135; 1877 (16) 247; 1893 (21) 
416; 1900 (23) 418; 1919 (31) 4; 1921 (32) 204; 1924 (33) 1182; 1948 (45) 1716; 1954 
(48) 1566. 

Effect of amendment. — The amendment 
increased salary to ten thousand dollars 
from seven thousand five hundred dollars. 

Article 7. 

State Treasurer. 
§ 1-841. Salary and clerks. 

The State Treasurer shall receive a salary at the rate of ten thousand dollars 
per annum. He shall employ a chief clerk and two bookkeepers. 

1942 Code § 3159; 1932 Code § 3159; Civ. C. '22 § 854; Civ. C. '12 § 770; Civ. C. '02 
§ 696; G. S. 555; R. S. 613; 1879 (17) 128; 1893 (21) 416; 1919 (31) 4; 1924 (33) 1182; 
1948 (45) 1716; 1954 (48) 1566. 

Effect of amendment. — The amendment 
increased salary to ten thousand dollars 
from seven thousand five hundred dollars. 

§ 1-849. Funds from certain sales in Clark Hill project sent to counties. 

The State Treasurer shall remit all funds received by him from the United 
States Government, or any agency thereof, when such funds are derived from 
the sale or lease of any property belonging to the United States Government and 



§ 2.6 Code of Laws of South Carolina § 2-394 

located in the Clark Hill Project area, to the treasurer of the county in which the 
transaction arose. Any such funds received by a county treasurer shall be placed 
in the general county fund. 
1952 (47) 2169. 



Title 2. 
Aeronautics. 

Chap. 4. Particular Airports, §§ 2-390 to 2-394. 

CHAPTER 1. 

General Legal Principles. 

Article 1. 
Uniform State Law for Aeronautics. 
§ 2-6. Liability for damages. 

The effect of this section is to make the Claims Act for damages caused by the fall- 
infliction of injury or damage by the opera- ing of government airplanes operated by 
tion of an airplane a wrongful act in itself, employees of the government on govern- 
and recovery may be had against the ment business. United States v. Praylou, 
United States under the Federal Tort 208 F. (2d) 291 (1953). 

§ 2-8. Crimes and torts. 

Applied in Eastern Air Lines v. United 
States, 110 F. Supp. 491 (1952). 

CHAPTER 3. 
Airports Generally. 

Article 1. 

Uniform Airports Act. 

§ 2-117. How purchase price raised. 
As to petition of freeholders for bond 
election, see Evatte v. Cass, 217 S. C. 62, 
59 S. E. (2d) 638 (1950). 

§ 2-118. Finances. 

The establishment of a municipal airport the power of taxation to such purpose, 
is for a "public purpose" within the mean- Evatte v. Cass, 217 S. C. 62, 59 S. E. (2d) 
ing of constitutional provisions restricting 638 (1950). 

CHAPTER 4. 

Particular Airports. 
Article 18. Sec. 

Marlboro County. 2-391 to 2-394. [Repealed.] 

Sec. 

2-390. Duties and powers of Board of 
County Highway Commissioners 
for Marlboro County. 

Article 18. 

Marlboro County 

§ 2-390. Duties and powers of Board of County Highway Commissioners for 
Marlboro County. 

Provision of § 1 of A. & J. R. 1953 (48) 1116 make up this section. 

§§ 2-391 to 2-394. Marlboro County Airport Board. 

Repealed by A. & J. R. 1953 (48) 1116. 

10 



§ 3-3.1 1954 Cumulative Supplement § 3-30 

Title 3. 
Agriculture. 

Chap. 1. General Provisions, §§ 3-3.1 to 3-30. 

2. State Crop Pest Commissioner; Insecticide and Fungicides, §§ 3-162 
to 3-170. 

2.1. South Carolina Economic Poison Law, §§ 3-187 to 3-187.81. 

3. Marketing of Agricultural Products, §§ 3-266.21 to 3-299. 

5. Fertilizers, §§ 3-501 to 3-586. 

5.1. South Carolina Fertilizer Law of 1954, §§ 3-590 to 3-590.116. 

6. Commercial Feeding Stuffs, §§ 3-603 to 3-621. 

CHAPTER 1. 

General Provisions. 

Article 1. Article 2. 

Department and Commissioner of Agricultural Duties of Clemson College. 

Agriculture. Sec. 

Sec. 3-30. Clemson to receive and use grants 

3-3.1. Bond. under act. 

Article 1. 

Department and Commissioner of Agriculture. 
§ 3-3.1. Bond. 

The bond of the Commissioner shall be in the sum of fifty thousand dollars and 
his liability thereon shall not extend to losses incurred in bonded warehouses 
except in case of tort or neglect of duty on his part. 

1954 (48) 1566. 

Reduction of bond effective as of be- 
ginning of fiscal year beginning July 1, 
1954. Atty. Gen. Op., June 25, 1954. 

Article 2. 
Agricultural Duties of Clemson College. 
§ 3-30. Clemson to receive and use grants under act. 

The board of trustees of The Clemson Agricultural College of South Carolina 
may receive such grants and use them for the benefit of the State in accordance 
with the terms and conditions expressed in the act of Congress referred to in 
§ 3-29 ; provided, that the grants for the more complete endownment and support 
of land-grant colleges shall be equally divided between The Clemson Agricultural 
College of South Carolina and South Carolina State College as now provided by 
law. 

1942 Code § 5806-2; 1936 (39) 1448; 1954 (48) 1722. 

Effect of amendment. — The amendment College of South Carolina to South Caro- 
changed the name of the Colored, Normal, Una State College. 
Industrial, Agricultural and Mechanical 

CHAPTER 2. 

State Crop Pest Commission ; Insecticides and Fungicides 

Article 4. 
Insecticides and Fungicides. 

Sec. 

3-162 to 3-166. [Repealed.] 

3-169 to 3-170. [Repealed.] 



11 



3-162 



Code; of Laws of South Carolina 



§ 3-170 



Article 4. 

Insecticides and Fungicides* 

§§ 3-162 to 3-166. Arsenical or other preparations for boll weevil control 
must comply with specifications ; powers of commission. 

Repealed A. & J. R. 1954 (48) 1401. 
Cross reference. — See now §§ 3-187 et seq. 

§§ 3-169 and 3-170. Penalties for violating other sections; damages. 

Repealed A. & J. R. 1954 (48) 1401. 
Cross reference. — See now §§ 3-187 et seq. 

CHAPTER 2.1. 
South Carolina Economic Poison Law. 



Sec. 
3-187 
3-187. 
,5-187 

3-187 

3-187 

3-187 

3-187 
3-187 

3-187 

3-187 

3-187 
3-187 

3-187 
3-187 



Article 1. 
General Provisions. 



toilet preparations 



3-187.14. 



3-187 
3-187 

3-187 

3-187 



Short Title. 

1. Definitions. 

2. Medicinal or 

exempted. 

3. Commission may delegate author- 

ity to its employees. 

4. Commission may cooperate with 

public agencies. 

5. Designation of pests; toxicity to 

man and coloring of economic 
poisons. 

6. Submission of complete formula. 

7. Changes in labeling of formula not 
to lower efficacy of product. 

Rules and regulations; names in 

ingredient statements. 
Collection and examination of 
samples of economic poisons de- 
vices; sales by pest control or 
custom operators; reports. 

Chemical analysis; collectors of 
samples. 

Distribution, sale or transporta- 
tion of certain economic poisons 
unlawful. 
12. Sale of economic poisons for ex- 
perimental purposes. 

Alteration, etc. of labels or 
change of substance in economic 
poisons unlawful. 

Revelation of information rela- 
tive to formulas. 

15. Interference with the commission. 

16. Refusal of commission access to 
businss records unlawful. 

17. Guaranties or undertaking requir- 
ed by§ 3-187.77. 

.18. Invalidity. 



13. 



Article 2. 
Registrations. 

3-187.41. Registration required for distri- 
bution; sale of transportation. 



Sec. 

3-187.42. Products registered under Fed- 
eral Insecticide, Fungicide, and 
Rodenticide Act. 

3-187.43. Shipments from one plant to an- 
other operated by same person. 

3-187.44. When commission shall register 
article. 

3-187.45. Statement registrant must file. 

3-187.46. Same; renewal. 

3-187.47. Registration of brands and 
grades; inspection fee. 

3-187.48. No registration charge after pay- 
ment of annual fees aggregating 
$100.00. 

3-187.49. Registration of several products 
as single economic poison. 

3-187.50. Change in labeling or formula 
during registration period. 

3-187.51. Expiration of registration. 

3-187.52. Renewal of certificates. 

3-187.53. Refusal of registration for non- 
compliance with chapter; notify 
registrant. 

3-187.54. Refusal or revocation of registra- 
tion for fraud and deceit; hear- 
ing required. 

Article 3. 
Enforcement, Penalties; etc. 

3-187.71. Recovery of damages against 
seller. 

3-187.72. Service of process generally on 
foreign corporation or non- 
resident. 

3-187.73. Consent to service of process and 
jurisdiction by sellers. 

3-187.74. Interest of enforcement official. 

3-187.75. Minor infractions. 

3-187.76. Penalties. 

3-187.77. Same; exceptions as to § 3-187.11. 

3-187.78. Each sale violation a separate 
offense. 

3-187.79. Notice to violators; hearing; pros- 
ecutions. 

3-187.80. Issuance of "stop sale, use or re- 
moval" orders; appeal; release. 

3-187.81. Commission may seize noncon- 
forming products; disposition. 



* See §§ 3-187 et seq. for South Carolina Economic Poison Law. 

12 



§ 3-187 1954 Cumulative Supplement § 3-187.1 

Article 1. 

General Provisions. 
§ 3-187. Short title. 

This chapter shall be known as the South Carolina Economic Poison Law. 
1954 (48) 1401. 

§ 3-187.1. Definitions. 

For the purpose of this chapter — 

(1) The term "economic poison" means any substance or mixture of substances 
intended for preventing, destroying, repelling or mitigating any insects, rodents, 
nematodes, fungi, bacteria, weeds, shrubs or other forms of plant or animal life 
or viruses (except viruses on or in living man or other animals) which the South 
Carolina State Crop Pest Commission shall declare to be a pest except household 
disinfectants which are subject to existing law. 

(2) The term "device" means any instrument or contrivance intended for 
trapping, destroying, repelling or mitigating insects, nematodes or rodents or 
destroying, repelling or mitigating fungi, bacteria, weeds, shrubs or such other 
pests as may be designated by the Commission but not including simple mechanical 
devices such as rat traps. 

(3) The term "insecticide" means any substance or mixture of substances in- 
tended for preventing, destroying, repelling or mitigating any insects which may 
be present in any environment whatsoever. 

(4) The term "fungicide" means any substance or mixture of substances in- 
tended for preventing, destroying, repelling or mitigating any fungus, pathogen or 
agency that may cause plant disease. 

(5) The term "nematocide" means any substance intended for preventing, 
destroying, repelling, or mitigating nematodes, other worms or any other inverte- 
brates which are destructive, constitute a liability and may be classified as pests. 

(6) The term "rodenticide" means any substance or mixture of substances in- 
tended for preventing, destroying, repelling, or mitigating rodents or any other 
vertebrate animal which the Commission shall declare to be a pest. 

(7) The term "herbicide" means any substance or mixture of substances in- 
tended for preventing, destroying, repelling or mitigating any weed or shrub. 

(8) The term "insect" means any of the numerous small invertebrate animals 
generally having the body more or less obviously segmented, for the most part 
belonging to the class Insecta, comprising six-legged, usually winged forms, as, 
.for example, beetles, bugs, bees and flies, and to other allied classes of arthropods 

whose members are wingless and usually have more than six legs, as, for example, 
spiders, mites, ticks, centipedes and wood lice. 

(9) The term "fungi" means all non-chlorophyll-bearing thallophytes (that is, 
all non-chlorophyll-bearing plants of a lower order than mosses and liverworts) as, 
for example; rusts, smuts, mildews, molds, yeasts, bacteria, and viruses except 
those on or in living man or other animals. 

(10) The term "weed" means any plant which grows where not wanted. 

(11) The term "ingredient statement" or "guaranteed analysis statement" 
means (a) a statement of the name and percentage by weight of each active in- 
gredient, together with the total percentage by weight of the inert ingredients, in 
the economic poison or (b) a statement of the name of each active ingredient, 
together with the name of each and total percentage of the inert ingredients, if 
any there be, in the economic poison (except option (a) shall apply if the prepara- 
tion is highly toxic to man, determined as provided in § 3-187.5 ; and in addition, 
in case the economic poison contains arsenic in any form, a statement of the 
percentages of total and water soluble arsenic, each stated as elemental (metallic) 
arsenic. 

13 



§ 3-187.1 Code of Laws op South Carolina § 3-187.1 

(12) The term "active ingredient" means an ingredient which will prevent, 
destroy, repel or mitigate insects, fungi, nematodes, rodents, weeds and other 
pests. 

(13) The term "inert ingredient" means an ingredient which is not an active 
ingredient. 

(14) The term "antidote" means the most practical immediate treatment in 
case of poisoning and includes first aid treatment. 

(15) The term "person" means any individual, partnership, association, cor- 
poration or an organized group of persons whether incorporated or not. 

(16) The term "South Carolina State Crop Pest Commission" or "Commission" 
means those members of the board of trustees of The Clemson College of South 
Carolina who are authorized by the Legislature to constitute the State Crop Pest 
Commission. 

(17) The term "registrant" means the person registering any economic poison 
pursuant to the provisions of this chapter. 

(18) The term "label" means the written, printed or graphic matter on, or 
attached to, the economic poison or device, or the immediate container thereof, and 
the outside container or wrapper of the retail package, if any there be, of the 
economic poison or devices. 

(19) The term "labeling" means all labels and other written, printed or graphic 
matter : 

(a) Upon the economic poison, device or any of its containers or wrappers; 

(b) Accompanying the economic poison or device at any time; 

(c) To which reference is made on the label or in literature accompanying the 
economic poison or device, except when accurate and non-misleading reference 
is made to current official publications of the State Experiment Station, The 
Clemson Agricultural College of South Carolina, the South Carolina State Crop 
Pest Commission or similar official agencies of this State or other states when 
such agencies are authorized by law to conduct research in the field of economic 
poisons. 

(20) The term "adulterated" shall apply to any economic poison if its strength 
or purity falls below the professed standard or quality as expressed on its labeling 
or under which it is sold, or if any substance has been substituted wholly or in part 
for the article, or if any valuable constituent of the article has been wholly, or in 
part, abstracted. 

(21) The term "misbrand" shall apply: 

(a) To any economic poison or device if 

(i) Its labeling bears any statement, design or graphic representa- 
tion relative thereto or to its ingredients which is false or mis- 
leading in any particular ; 

(ii) It is an imitation of or is offered for sale under the name of 
another economic poison ; 

(iii) Its labeling bears any reference to registration under this 
chapter ; 

(iv) The labeling accompanying it does not contain directions for 
use which are necessary, and, if complied with, adequate for 
the protection of the public ; 
(v) The label does not contain a warning or caution statement 
which may be necessary and, if complied with, adequate to 
prevent injury to living man and other vertebrate animals, 
vegetation, and useful invertebrate animals ; 

(vi) The label does not bear an ingredient statement or guaranteed 
analysis statement on that part of the immediate container and 
on the outside container or wrapper, if there be one, through 
which the ingredient statement or guaranteed analysis state- 

14 



§ 3-187.2 1954 Cumulative Supplement § 3-187.7 

ment on the immediate container cannot be clearly read, of the 
retail package which is presented or displayed under customary 
conditions of purchase ; 
(vii) Any word, statement or other information required by or 
under the authority of this chapter to appear on the labeling 
is not prominently placed thereon with such conspicuousness, 
as compared with other words, statements, designs or graphic 
matter in the labeling, and in such terms as to render it likely 
to be read and understood by the ordinary individual under 
customary conditions of purchase and use ; or 
(viii) In the case of insecticide, fungicide, nematocide, rodenticide or 
herbicide, when used as directed or in accordance with com- 
monly recognized safe practice, it shall be injurious to living 
man, other vertebrate animals, vegetation, to which it is applied, 
or to the person applying such economic poison, excepting pests 
and weeds. 
1954 (48) 1401. 

§ 3-187.2. Medicinal or toilet preparations exempted. 

This chapter shall not apply to any preparation, drug or chemical intended to 
be used or sold solely for medicinal use or for toilet purposes. 
1954 (48) 1401. 

§ 3-187.3. Commission may delegate authority to its employees. 

All authority vested in the South Carolina State Crop Pest Commission by 
virtue of the provisions of this chapter may with like force and effect be executed 
by such employees of the Commission as it may designate for such purpose. 

1954 (48) 1401. 

§ 3-187.4. Commission may cooperate with public agencies. 

In order to avoid confusion endangering the public health, resulting from 
diverse requirements, particularly as to the labeling and coloring of economic 
poisons, and to avoid increased costs to the people of this State due to the necessity 
of complying with such diverse requirements in the manufacture and sale of such 
poisons, the Commission may, cooperate with, and enter into agreements with any 
other agency of this State, the United States Department of Agriculture and any 
other state or agency thereof for the purpose of carrying out the provisions of 
this chapter and securing uniformity of regulation. 

1954 (48) 1401. 

§ 3-187.5. Designation of pests; toxicity to man and coloring of economic 
poisons. 

The Commission may, after opportunity for a hearing, 

( 1 ) Declare as a pest any form of plant or animal life or virus which is injurious 
to plants, man, domestic animals, articles, or substances ; 

(2) Determine whether economic poisons are to be considered as highly toxic 
to man ; and 

(3) Determine standards of coloring or discoloring for economic poisons. 
1954 (48) 1401. 

§ 3-187.6. Submission of complete formula. 

The Commission, whenever it deems it necessary in the administration of this 
chapter, may require the submission of the complete formula of any economic poison. 
1954 (48) 1401. 

§ 3-187.7. Changes in labeling or formula not to lower efficacy of product. 

Changes in labeling or formula at no time are permissible if they lower the 
efficacy of the product. 
1954 (48) 1401. 

15 



§ 3-187.8 Code of Laws of" South Carolina § 3-187.11 

§ 3-187.8. Rules and regulations; names in ingredient statements. 

The Commission may make rules and regulations for carrying out the provisions 
of this chapter, including the collection and examination of samples of economic 
poisons and devices subject to this chapter and the determination and establishment 
of suitable names to be used in the ingredient statement. 

1954 (48) 1401. 

§ 3-187.9. Collecton and examination of samples of economic poisons and 
devices; sales by pest control or custom operators; reports. 

The Commission may also 

(1) Effect the collection and examination of samples of economic poisons and 
devices to determine compliance with the requirements of this chapter and 

(2) At all reasonable hours enter into any car, warehouse, store, building, boat, 
vessel or place supposed to contain economic poisons or devices for the purpose of 
inspecting, sampling and procuring samples for analysis or examination from any 
lot, package or parcel of economic poison or any device ; 

(3) Make regulations governing the sale of insecticides, fungicides, nematocides, 
rodenticides and herbicides through the medium of "pest control operators" or 
"custom operators" who for a stated fee agree to apply a chemical or a mixture of 
chemicals for the control of specified pests ; 

(4) Publish from time to time, in such forms as it may deem proper, complete 
information concerning the sale of economic poisons, together with such data on 
their production and use as it may consider advisable, and reports of the results of 
the analyses based on official samples of economic poisons sold within this State. 

1954 (48) 1401. 

§ 3-187.10. Chemical analyses ; collectors of samples. 

The fertilizer inspection and analysis department of The Clemson Agricultural 
College of South Carolina shall make all chemical analyses on samples collected, 
using their inspectors for the collection of official samples. 

1954 (48) 1401. 

§ 3-187.11. Distribution, sale or transportation of certain economic poisons 
unlawful. 

It shall be unlawful for any person to distribute, sell or offer for sale within this 
State or deliver for transportation or transport in intrastate commerce or between 
points within this State through any point outside this State any of the following : 

(1) Any economic poison (a) which is not registered pursuant to the provisions 
of §§ 3-187.41 to 3-187.54 (b) if any of the claims made for it or any of the 
directions for its use differ in substance from the representations made in connec- 
tion with its registration or (c) if its composition differs from its composition as 
represented in connection with its registration. 

(2) Any economic poison unless it is in the registrant's or the manufacturer's 
unbroken immediate container and there is affixed to such container, and to the 
outside container or wrapper of the retail package, if there be one, through which 
the required information on the immediate container cannot be clearly read, a label 
bearing (a) the name and address of the manufacturer, registrant, or person for 
whom manufactured; (b) the name, brand, or trade mark under which said article 
is sold ; and (c) the net weight or measure of the content subject, however, to 
such reasonable variations as the Commission may permit. 

(3) Any economic poison which contains any substance or substances in 
quantities highly toxic to man, determined as provided in § 3-187.5, unless the label 
shall bear, in addition to any other matter required by this chapter; (a) the skull 
and crossbones; (b) the word "poison" prominently in red on a background of 
distinctly contrasting color; and (c) a statement of an antidote for the economic 
poisoning. 

16 



§ 3-187.12 1954 Cumulative Supplement § 3-187.18 

(4) Any economic poison which is adulterated or misbranded, or any device 
which is misbranded. 
1954 (48) 1401. 

§ 3-187.12. Sale of economic poisons for experimental purposes. 

If a written permit has been obtained from the Commission, economic poisons 
may be sold for experimental purposes subject to such restrictions and conditions 
as may be set forth in the permit. 

1954 (48) 1401. 

§ 3-187.13. Alteration, etc. of labels or change of substance in economic 
poisons unlawful. 

It shall be unlawful for any person to detach, alter, deface, or destroy, in whole 
or in part, any label or labeling provided for in this chapter or the rules and regu- 
lations promulgated hereunder, or to add any substance to, or take any substance 
from an economic poison in a manner that may defeat the purpose of this chapter. 

1954 (48) 1401. 

§ 3-187.14. Revelation of information relative to formulas. 

It shall be unlawful for any person to use for his own advantage or to reveal 
any information relative to formulas of products acquired by authority of §§ 
3-187.6 and 3-187.41 to 3-187.54 other than to the Commission, its officials or em- 
ployees, officials or employees of the United States Department of Agriculture or 
other Federal agencies, the courts in response to a subpoena, physicians and in 
emergencies to pharmacists and other qualified persons for use in the preparation of 
antidotes in accordance with such directions as the Commission may prescribe. 

1954 (48) 1401. 

§ 3-187.15. Interference with the Commission. 

It shall be unlawful for any person to oppose or interfere in any way with the 
Commission or its duly authorized agents in carrying out the duties imposed by 
this chapter. 

1954 (48) 1401. 

§ 3-187.16. Refusal of Commission access to business records unlawful. 

It shall be unlawful for any manufacturer, distributor, dealer, carrier or other 
person to refuse, upon a request in writing specifying the nature or kind of economic 
poison or device to which such request relates, to furnish to or permit any person 
designated by the Commission to have access to and to copy such records of 
business transactions as may be essential in carrying out the purposes of this 
chapter. 

1954 (48) 1401. 

§ 3-187.17. Guarantees or undertaking required by § 3-187.77. 

It shall be unlawful for any person to give a guaranty or undertaking provided 
for in § 3-187.77 which is false in any particular, except that a person who receives 
and relies upon a guaranty authorized under said section may give a guaranty to 
the same effect, which guaranty shall contain in addition to his own name and 
address the name and address of the person residing in the United States from 
whom he received the guaranty or undertaking. 

1954 (48) 1401. 

§ 3-187.18. Invalidity. 

If any provision of this chapter is declared unconstitutional or invalid, the entire 
chapter shall become invalid and unconstitutional. 
1954 (48) 1401. 

17 



§ 3-187.41 Code of Laws of South Carolina § 3-187.47 

Article 2. 
Registration. 

§ 3-187.41. Registration required for distribution, sale or transportation. 

Every economic poison which is distributed, sold or offered for sale within this 
State or delivered for transportation or transported in intrastate commerce or 
between points within this State through any point outside this State shall be 
registered with the Commission. 

1954 (48) 1401. 

§ 3-187.42. Products registered under Federal Insecticide, Fungicide, and 
Rodenticide Act. 

The Commission may register and permit the sale of any such economic poison 
which has been duly registered without protest under the provisions of the Federal 
Insecticide, Fungicide, and Rodenticide Act but products so registered shall be 
subject to inspection and to all provisions of this chapter. 

1954 (48) 1401. 

§ 3-187.43. Shipments from one plant to another operated by same person. 

Notwithstanding any other provisions of this chapter, registration is not re- 
quired in the case of an economic poison shipped from one plant within this State to 
another plant within this State operated by the same person. 

1954 (48) 1401. 

§ 3-187.44. When Commission shall register article. 

If it appears to the Commission that the composition of the article is such as to 
warrant the proposed claims for it and if the article, its labeling and other material 
required to be submitted comply with the requirements of this chapter, he shall 
register the article. 

1954 (48) 1401. 

§ 3-187.45. Statement registrant must file. 

The registrant shall file with the Commission, a statement including : 

( 1 ) The name and address of the registrant and the name and address of the 
person whose name will appear on the label, if other than the registrant; 

(2) The name of the economic poison; 

(3) A complete copy of the labeling accompanying the economic poison and a 
statement of all claims made and to be made for it including directions for use ; and 

(4) If requested by the Commission a full description of the tests made and the 
results thereof upon which the claims are based. 

1954 (48) 1401. 

§ 3-187.46. Same; renewal. 

In the case of renewal of registration, a statement shall be required only with 
respect to information which is different from that furnished when the economic 
poison was registered or last registered. 

1954 (48) 1401. 

§ 3-187.47. Registration of brands and grades ; inspection fee. 

The registrant, before selling or offering for sale any economic poison in this 
State, shall register each brand or grade of such economic poison with the South 
Carolina State Crop Pest Commission, Clemson, South Carolina, by filing with the 
Commission a copy of the label of each brand or grade of such economic poison. 
For the purposes of defraying expenses connected with the enforcement of this 
chapter, the registrant shall pay to the Commission an annual inspection fee of 
five dollars for each brand and grade to be offered for sale in this State. The Com- 
mission shall transmit funds so collected to the State Treasurer who shall deposit 
same in the general funds of the State. 

1954 (48) "1401. 

18 



§ 3-187.48 1954 Cumulative Supplement § 3-18771 

§ 3-187.48. No registration charge after payment of annual fees aggregating 
$100.00. 

Any registrant may register annually any number of brands after the payment 
of annual fees aggregating one hundred dollars, whereupon there shall be issued 
to the registrant by the Commission a certificate entitling the registrant to sell all 
duly registered brands in this State until the expiration of the certificate. 

1954 (48) 1401. 

§ 3-187.49. Registration of several products as single economic poison. 

Products which have the same formula, and are manufactured by the same 
person, the labeling of which contains the same claims, and the labels of which bear 
a designation identifying the product as the same economic poison may be registered 
as a single economic poison. Additional names and labels shall be added by supple- 
mental statements during the current period of registration. 

1954 (48) 1401. 

§ 3-187.50. Change in labeling or formula during registration period. 

Within the discretion of the Commission, or its authorized representative, a 
change in the labeling or formulas of an economic poison may be made within the 
current period of registration without requiring a registration of the product. 

1954 (48) 1401. 

§ 3-187.51. Expiration of registration. 

All registration of products shall expire on the thirty-first day of December, 
following date of issuance, unless such registration shall be renewed annually, in 
which event the expiration date shall be extended for each year, renewal registration 
or until otherwise terminated. 

1954 (48) 1401. 

§ 3-187.52. Renewal of certificates. 

All certificates are subject to renewal upon receipt of annual inspection fees. 
1954 (48) 1401. 

§ 3-187.53. Refusal of registration for noncompliance with chapter; notify 
registrant. 

If it does not appear to the Commission that the article is such as to warrant the 
proposed claims for it or if the article, its labeling and other material required 
to be submitted do not comply with the provisions of this chapter, the Commission 
shall notify the registrant of the manner in which the article, labeling or other 
material required to be submitted fail to comply with this chapter so as to afford the 
registrant an opportunity to make the necessary corrections. 

1954 (48) 1401. 

§ 3-187.54. Refusal or revocation of registration for fraud and deceit; hearing 
required. 

The Commission may refuse to register or may cancel the registration of any 
brand of economic poison as herein provided upon satisfactory proof that the 
registrant has been guilty of fraudulent and deceptive practices in the evasions or 
attempted evasions of the provisions of this chapter or any rules and regulations 
promulgated hereunder. No registration shall be revoked or refused until the 
registrant shall have been given a hearing by the Commission. 

1954 (48) 1401. 

Article 3. 

Enforcement, Penalties, etc. 

§ 3-187.71. Recovery of damages against seller. 

The provisions as to the penalties in this chapter are in addition to the rights of 
the injured party to recover in a court of competent jurisdiction any damages 
sustained by reason of a violation of the provisions of this chapter or the rules 

19 



§ 3-187.72 Cods of Laws op South Carolina § 3-187.77 

and regulations of the Commission by any seller of the materials covered in this 
chapter, and his damages shall be determined by a jury. 
1954 (48) 1401. 

§ 3-187.72. Service of process generally on foreign corporation or nonresident. 

For the purpose of service of process, the Commissioner of Agriculture shall be 
the agent of any foreign corporation or nonresident coming within the operation 
of this chapter. 

1954 (48) 1401. 

§ 3-187.73. Consent to service of process and jurisdiction by sellers. 

Any person or corporation, either domestic or foreign, who shall sell the eco- 
nomic poisons or insecticides regulated by this chapter within this State shall sign 
and file with the Commissioner of Agriculture a written statement designating the 
Commissioner as his or its agent upon whom process may be served in the event 
of litigation and shall agree that the court of common pleas in any county in the 
State where the economic poisons or insecticides are used shall have jurisdiction to 
try and determine the cause of action. 

1954 (48) 1401. 

§ 3-187.74. Interest of enforcement official. 

It shall be unlawful for any person charged with the enforcement of this chapter 
to be directly or indirectly connected with or financially interested in the sale, 
manufacture or distribution for sale of any economic poison. 

1954 (48) 1401. 

§ 3-187.75. Minor infractions. 

Nothing in this chapter shall be construed as requiring the Commission to report 
for the institution of proceedings thereunder minor violations thereof whenever the 
Commission believes that the public interest will be adequately served in the 
circumstances by a suitable written notice or warning. 

1954 (48) 1401. 

§ 3-187.76. Penalties. 

Any person violating the provisions of this chapter or the rules and regulations 
of the Commission promulgated to carry the purposes of this chapter into effect 
shall be guilty of a misdemeanor and shall be punished by a fine of not more than 
one hundred dollars, or imprisoned for not more than thirty days, or both, at the 
discretion of any court having jurisdiction. 

1954 (48) 1401.' 

§ 3-187.77. Same; exceptions as to § 3-187.11. 

The penalties provided for violations of § 3-187.11 shall not apply to 

( 1 ) Any carrier while lawfully engaged in transporting an economic poison with- 
in this State, if such carrier shall, upon request, permit the Commission or its 
designated agent to copy all records showing the transactions in and movements 
of the article ; 

(2) Public officials of this State and the Federal Government engaged in the 
performance of their official duties ; 

(3) The manufacturer or shipper of an economic poison for experimental use 
only 

(a) By or under the supervision of an agency of this State or of the Federal Gov- 
ernment authorized by law to conduct research in the field of economic poisons ; or 

(b) By others if the economic poison is not sold and if the container thereof is 
plainly and conspicuously marked "For Experimental Use Only — Not To Be Sold", 
together with the manufacturer's name and address ; 

(4) Any person who establishes a guaranty signed by, and containing the name 
and address of, the registrant or person residing in the United States from whom 

20 



§ 3-187.78 1954 Cumulative Supplement § 3-187.81 

he purchased and received in good faith the article in the same unbroken package, 
to the effect that the article was lawfully registered at the time of sale and delivery to 
him, and that it complies with the other requirements of this chapter, designating 
this chapter. In such case the guarantor shall be subject to the penalties which 
would otherwise attach to the person holding the guaranty under the provisions 
of this chapter. 
1954 (48) 1401. 

§ 3-187.78. Each sale violation a separate offense. 

Each sale or offer for sale in violation of the terms of this chapter or rules and 
regulations of the Commission shall be deemed and taken a separate and distinct 
offense and shall be punishable as such. 

1954 (48) 1401. 

§ 3-187.79. Notice to violators ; hearing ; prosecutions. 

If it shall appear from the examination or evidence that any of the provisions 
of this chapter or the rules and regulations issued hereunder have been violated, 
the Commission may cause notice of such violations to be given to the registrant, 
distributor and possessor from whom said sample or evidence was taken. Any 
party so notified shall be given an opportunity to be heard under such rules and 
regulations as may be prescribed by the Commission. If it appears after such 
hearing that there has been a sufficient number of violations of this chapter or the 
rules and regulations issued hereunder, then the Commission may certify the facts 
to the proper prosecuting attorney and furnish that officer with a copy of the re- 
sults of the examination of such sample duly authenticated by the analyst or other 
officer making the examination under the oath of such analyst or officer. 

1954 (48) 1401. 

§ 3-187.80. Issuance of "stop sale, use or removal" orders; appeal; release. 

The Commission shall issue an denforce a written or printed "Stop Sale, Use 
or Removal" order to the owner or custodian of any lot of economic poison and 
hold at a designated place when it finds such economic poison is being offered or 
exposed for sale in violation of any of the provisions of this chapter until the law 
has been complied with and such economic poison is released in writing by the 
Commission or such violation has been otherwise legally disposed of by written 
authority. The owner or custodian of such economic poison may appeal from such 
order to a court of competent jurisdiction in the county or city where such eco- 
nomic poison is found praying for a judgment as to the justification of such order, 
for the discharge of such economic poison from the order and prohibiting the sale 
in accordance with the findings of the court. The Commission shall release the eco- 
nomic poison so withdrawn when the requirements of the provisions of this chapter 
have been complied with and upon payment of all costs and expenses incurred in 
connection with the withdrawal. The provisions of this section shall not be con- 
strued as limiting the right of the enforcement officer to proceed as authorized by 
other provisions of this chapter. 

1954 (48) 1401. 

§ 3-187.81. Commission may seize nonconforming products; disposition. 

Any lot of economic poison not in compliance with the provisions of this chapter 
shall be subject to seizure or complaint of the Commission to a court of competent 
jurisdiction in the area in which such economic poison is located. In the event the 
court finds such economic poison to be in violation of this chapter and orders the con- 
demnation of such economic poison, it shall be disposed of in any manner con- 
sistent with the quality of the economic poison and the laws of the State. In no 
instance shall the disposition of such economic poison be ordered by the court with- 
out first giving the claimant an opportunity to apply to the court for its release or 

21 



§ 3-208 Cods of Laws of South Carolina § 3-267 

for permission to process or relabel it so as to bring it in compliance with this 
chapter. 

1954 (48) 1401. 

CHAPTER 3. 

Marketing of Agricultural Products. 

Article 6.1. Article 8. 

Darlington County Farmers Marketing Greenville County Marketing 

Commission. Commission. 

Sec. Sec. 

3-266.21. Farmers Marketing Commission. 3-286.1. . Construction of grain elevator or 

processing plant and issue of 
Article 7. bonds therefor. 

Florence City-County Agricultural . 

Commission. Article 8.1. 

3-267. Establishment. Horry County Marketing 

Commission. 

3-299. Horry County Marketing Commis- 
sion. 

Article 1. 
State Agricultural Marketing Commission Generally. 
§ 3-208. Commission's duties and powers; rules and regulations. 

Rules and regulations promulgated under Regulations, Agricultural Marketing Corn- 
authority of this section, see Rules and mission, State, in volume 7. 

Article 6.1. 
Darlington County Farmers Marketing C omniission 
§ 3-266.21. Farmers Marketing Commission. 

Provisions of §§ 3 to 7 and § 11 of A. & J. R. 1953 (48) 132 make up this 
section. 

Article 7. 

Florence City-County Agricultural Commission. 

§ 3-267. Establishment. 

There is hereby established a Commission to be known as the "Florence City- 
County Agricultural Commission." It shall be composed of six members, who 
shall be selected as follows : one by the county legislative delegation, one by the 
city council of the city of Florence, one by the Florence Chamber of Commerce, 
one by the district agent of Clemson College Extension Service, one by the dis- 
trict supervisor of agricultural education and the other, the sixth member, by the 
five members selected as provided above. With the exception of the initial terms 
the terms of office shall be for a period of three years from July 1 1950 ; but 
the terms of the initial members shall be from the dates of their respective ap- 
pointments and for a regular term from July 1 1950. Their successors shall be 
selected as provided for the original appointments and any vacancy occurring from 
any cause shall be filled in the manner provided above for filling the office in which 
the vacancy has occurred. All members shall serve until their successors shall have 
been appointed and qualified. They shall serve without compensation. 

1950 (46) 1874; 1952 (47) 1718. 

Effect of amendment. — The amendment one appointed by the district supervisor of 
increased the number of members from agricultural education, 
five to six, the member added being the 



22 



3-286.1 



1954 Cumulative Supplement 



3-586 



Article 8. 

Greenville County Marketing Commission. 

§ 3-286.1. Construction of grain elevator or processing plant and issue of 
bonds therefor. 
Provisions from A. & J. R. 1952 (47) 2164 make up this section. 

Article 8.1. 
Horry County Marketing Commission. 

§ 3-299. Horry County Marketing Commission. 

Provisions of A. & J. R. 1952 (47) 2154 as amended by 1954 (48) 1525, 1537 
make up this section. 

CHAPTER 5. 

Fertilisers. 



Sec. 

3-501 to 3-544. [Repealed.] 



Sec. 

3-547 to 3-586. [Repealed.] 



§§ 3-501 to 3-544 "commercial fertilizers" defined; filler. 

Repealed by A. & J. R. 1954 (48) 1509. 
Cross reference. — See now §§ 3-590 et seq. 

§§ 3-547 to 3-586. Water; penalty for certain violation of chapter. 
Repealed by A. & J. R. 1954 (48) 1509. 
Cross reference. — See now §§3-590 et seq. 



CHAPTER 5.1. 
South Carolina Fertilizer Law of 1954. 
Sec. 



Article 1. 
General Provisions. 

Sec. 

3-590.Citation of Chapter. 

3-590.1. Definitions. 

3-590.2. Fertilizer Board of Control. 

3-590.3. Rules and regulations. 

3-590.4. Exchange between registrants. 

3-590.5. When commercial fertilizer mis- 
branded. 

3-590.6. Distribution of misbranded com- 
mercial fertilizer unlawful. 

3-590.7. Misdemeanor to violate. 

3-590.8. Invalidity. 

Article 2. 
Registration of Fertilizer, etc. 

3-590.21. Registration and guarantee of 
grades required prior to sale; 
expiration date. 

3-590.22. Submission of application; fee. 

3-590.23. Information application contain. 

3-590.24. Same; phosphoric acid in certain 
cases. 

3-590.25. When registration and sale may- 
be prohibited. 

3-590.26. Exclusive use of brand name or 
trade-mark. 

3-590.27. Revocation or refusal of registra- 
tion for fraud. 

Article 3. 
Labels, Tags, etc. 
3-590.31. Information required on contain- 
ers. 



3-590.32. Printing on package. 

3-590.33. Statement accompany bulk ship- 
ment. 

3-590.34. Contract specifications to be com- 
plied with; actual analysis 
shown on bag and guaranteed. 

Article 4. 
Required Standards. 

3-590.51. Minimum plant nutrient content. 
3-590.52. Nitrate of soda, Sulphate of Am- 
monia and Superphosphate. 
3-590.53. Specialty fertilizer. 
3-590.54. Filler. 

3-590.55. Wet or bad mechanical condition. 
3-590.56. Bulk sales. 

Article 5. 
Analyses and Inspections. 

3-590.71. Analyses of fertilizer; inspectors; 

chemists; reports. 
3-590.72. Entry of premises and inspection; 

sampling. 
3-590.73. Analysis of fertilizer for purchases 

own use. 

Article 6. 
Inspection Tax. 
3-590.81. Tax per ton of commercial fer- 
tilizer sold. 
3-590.82. Tax on packages containing ten 

pounds or less. 
3-590.83. Exemptions. 
3-590.84. Reports on sales; payment of tax. 



23 



§ 3-590 Cods of Laws of South Carolina § 3-590.1 

Sec. Sec. 

3-590.85. Reports on shipments to non- 3-590.108. Distribution of fine or penalty, 

registrants. 3-590.109. Failure of dealer to distribute 
3-590.86. Information confidential. collected penalty. 

3-590.87. Bond and records of registrant. 3-590.110. Evidence of distribution. 

3-590.88. Examination of registrant's rec- 3-590.111. Penalty to transport, sell or re- 
ords. ceive improperly branded or 

Article 7. misbranded fertilizer. 

Fines, Suits, etc. 3-590.112. Actions to recover fines and pen- 
3-590.101. Penalties for plant nutrient de- alties. 

ficiencies. 3-590.113. Service of process on nonresident 
3-590.102. Penalty for excessive chlorine in manufacturers. 

tobacco fertilizer. 3-590.114. Analyze fertilizer ordered sold 
3-590.103. Penalty for deficiency in basicity. prior to sale. 

3-590.104. Additional plant nutrients. 3-590.115. Remittance of penalties by the 
3-590.105. Short weight. board. 

3-590.106. Commercial values; use in as- 3-590.116. Stop sale, use or removal orders; 

sessment of penalties. release of fertilizer. 

3-590.107. Penalties for benefit of ultimate 
consumer. 

Article 1. 

General Provisions. 
§ 3-590. Citation of chapter. 

This chapter shall be known as the South Carolina Fertilizer Law of 1954. 
1954 (48) 1509. 

§ 3-590.1. Definitions. 

When used in this chapter : 

( 1 ) The term "board" means the board of trustees of The Clemson Agricultural 
College of South Carolina. 

(2) The term "fertilizer material" means any substance containing nitrogen, 
phosphoric acid, potash or any other recognized plant nutrient element or com- 
pound which is used primarily for its plant nutrient content, value in promoting 
plant growth or for compounding mixed fertilizers. Lime, limestone, marl, un- 
ground bones, stockpen manure, barnyard manure or the excrement of any do- 
mestic animal shall not be considered as a fertilizer material, in case that such 
manure or excrement has not been dried, manipulated or otherwise treated or 
is not claimed to have a value of more than eight dollars a ton. 

(3) The term "unmanipulatcd manure" means substances composed primarily 
of excreta, plant remains or mixtures of such substances which have not been 
processed in any manner. 

(4) The term "manipulated manures" means substances composed primarily of 
excreta, plant remains or mixtures of such substances which have been processed 
in any manner, including the addition of plant foods, drying, grinding and other 
means. 

(5) The term "mixed fertiliser" means any combination or mixture of fertilizer 
materials designed for use or claimed to have value in promoting plant growth. 

(6) The term "commercial fertiliser" includes mixed fertilizer or fertilizer ma- 
terials. 

(7) The term "specialty fertiliser" means any commercial fertilizer distributed 
primarily for use on crops grown for noncommercial purposes, such as home gar- 
lens and lawns. 

(8) The term "bulk fertiliser" means commercial fertilizer delivered to the 
purchaser in the solid or liquid state, in a non-packaged form to which a label can- 
not be attached. 

(9) The term "brand" means a term, design or trade-mark used in connection 
with one or several grades of commercial fertilizer. 

24 



§ 3-590.2 1954 Cumulative Supplement § 3-590.6 

(10) The term "grade" means the minimum percentage of total nitrogen, avail- 
able phosphoric acid and soluble potash as stated in the order given in this defi- 
nition, and when applied to mixed fertilizers shall be in whole numbers only. 

(11) The term "official sample" means any sample of commercial fertilizer taken 
by the board or its authorized representative in accordance with the procedures 
prescribed by the board. 

(12) The term "farmer's sample" means a sample of commercial fertilizer drawn 
in accordance with the provisions of § 3-590.73. 

(13) The term "official analysis" means the analysis of commercial fertilizer 
made by the board or its duly authorized representative in accordance with the 
methods prescribed by the board. 

(14) The term "ton" means a net weight of two thousand pounds avoirdupois. 

(15) The term "unit" of plant nutrient means twenty pounds or one per cent 
of a ton. 

(16) The term "percent" or "percentage" means the percentage by weight. 

(17) The term "registrant", "guarantor" or "manufacturer" means the person 
registering pursuant to the provisions of this chapter. 

(18) The term "label" means the written, printed or graphic matter on or at- 
tached to the immediate container, or, in the case of bulk goods, accompanying 
transportation of the lot of the commercial fertilizer. 

(19) The term "soil amendment" shall include any and every substance or mix- 
ture of substances except those included under paragraphs (2) to (9) of this sec- 
tion imported, manufactured, prepared or sold for fertilizer, manurial, soil-enriching 
or soil-corrective purposes or intended to be used for promoting or stimulating the 
growth of plants, increasing the productivity of plants, improving the quality of 
crops, or producing any chemical or physical change in the soil. 

1954 (48) 1509. 

§ 3-590.2. Fertilizer Board of Control. 

The board may delegate the duties herein provided to the fertilizer committee of 
the board which shall be known as the Fertilizer Board of Control. 
1954 (48) 1509. 

§ 3-590.3. Rules and regulations. 

The board may establish such rules and regulations in regard to the inspection, 
analysis, distribution and sale of commercial fertilizer, agricultural lime, and soil 
amendments as shall not be inconsistent with the provisions of this chapter and as 
in its judgment will best carry out the requirements thereof. 

1954 (48) 1509. 

§ 3-590.4. Exchanges between registrants. 

Nothing in this chapter shall be construed to restrict or avoid sales or exchange 
of commercial fertilizers to each other by importers, registrants or manipulators who 
mix fertilizer materials for sale or as preventing the free and unrestricted ship- 
ments of commercial fertilizers to registrants or manipulators who have registered 
their brands as required by the provisions of this chapter. 

1954 (48) 1509. 

§ 3-590.5. When commercial fertilizer misbranded. 

A commercial fertilizer is misbranded if it carries any false or misleading state- 
ment upon or attached to the container, or, if false or misleading statements con- 
cerning its agricultural value are made on the container or in any advertising mat- 
ter accompanying or associated with the commercial fertilizer. 

1954 (48) 1509. 

§ 3-590.6. Distribution of misbranded commercial fertilizer unlawful. 

It shall be unlawful to distribute a misbranded commercial fertilizer. 
1954 (48) 1 509. 

25 



§ 3-590.7 Code; of Laws of South Carolina § 3-590.23 

§ 3-590.7. Misdemeanor to violate. 

Any person violating the fertilizer law of this State shall be guilty of a misde- 
meanor. 

1954 (48) 1509. 

§ 3-590.8. Invalidity. 

If any clause, sentence, paragraph or part of this chapter shall for any reason 
be judged invalid by any court of competent jurisdiction, such judgment shall not 
affect, impair or invalidate the remainder thereof but shall be confined in its op- 
eration to the clause, sentence, paragraph or part thereof directly involved in the 
controversy in which such judgment shall have been rendered. 

1954 (48) 1509. 

Article 2. 

Registration of Fertilisers, etc. 

§ 3-590.21. Registration and guarantee of grades required prior to sale; ex- 
piration date. 

Each registrant, before selling or offering for sale in this State, shall register and 
guarantee each grade of commercial fertilizer with the board. All registrations ex- 
pire on July first of each year. 

1954 (48) 1509. 

§ 3-590.22. Submission of application; fee. 

The application for registration shall be submitted in duplicate on forms furnished 
by the board accompanied by a registration fee of one dollar per brand or grade. 
Upon approval by the board or its duly authorized representative, one copy shall 
be returned to the applicant. 

1954 (48) 1509. 

§ 3-590.23. Information application contain. 

The application for registration, in addition to the firm name and address and 
plant locations shall include information with respect to each brand, grade, or 
analysis in the following order : 

( 1 ) Net weight 

(2) Brand name and grade 

(3) Guaranteed analysis 

(a) In mixed fertilizers (other than those branded for tobacco) : 
i. Total nitrogen ____ percent ; 

ii. (Optional) Water-insoluble nitrogen „_ perrcent ; 

iii. Percent of total in multiples of five; 

iv. Available phosphoric acid ._. percent ; 

v. Soluble potash .._ percent ; 

vi. (Optional) Magnesium or total magnesium oxide ___. percent; and 

vii. Whether the fertilizer is acid forming or non-acid forming : The po- 
tential acidity or basicity, if claimed, shall be expressed as equiva- 
lent of calcium carbonate in multiples of five percent or one hundred 
pounds per ton only. 

(b) In mixed fertilizers branded for tobacco: 
i. Total nitrogen .... percent ; 

ii. Water-insoluble nitrogen .... percent ; 
iii. Percent of total in multiples of five ; 
iv. (Optional) Nitrogen, as nitrate, ____ percent; 

v. Percent of total in multiples of five ; 
vi. Available phosphoric acid __ percent ; 
vii. Soluble potash ____ percent ; 
viii. Maximum chlorine content __. percent ; 
ix. Total magnesium or total magnesium oxide _.. percent; 

26 



§ 3-590.24 1954 Cumulative Supplement § 3-590.27 

x. Whether the fertilizer is acid-forming or non-acid forming: The po- 
tential acidity or basicity, if claimed, shall be expressed as equiva 
lent of calcium carbonate in multiples of five percent, or one hun- 
dred pounds per ton only, 
(c) In fertilizer materials, including manipulated manures, if claimed, 
i. Total nitrogen .___ percent; 
ii. Availale phosphoric acid _. percent ; 
iii. Soluble potash .... percent ; 
iv. Other recognized plant nutrients __ percent. 

(4) The name and address of the registrant. 

(5) Additional plant nutrient elements determinable by chemical control meth- 
ods that in the opinion of the board are beneficial to crops may also be included 
in the guarantee. All such additional guarantees, except boron, shall be on the basis 
of the chemical element or as otherwise provided. Boron, if claimed, shall be 
guaranteed in terms of boron or equivalent in borax (Na 2 B 4 O 7 10 H 2 0) and 
stated as pounds per one hundred pounds of fertilizer. The boron or borax guar- 
antee will be considered both a minimum and a maximum guarantee. When any 
such additional plant nutrients or elements are included in the guarantee they shall 
be subject to inspection and analysis in accordance with the methods and regu- 
lations prescribed by the board. 

(6) The sources from which such nitrogen, phosphoric acid, and potash and 
other plant nutrients are derived. 

1954 (48) 1509. 

§ 3-590.24. Same; phosphoric acid in certain cases. 

In the case of bone, tankage and other organic materials in which the phos- 
phoric acid is not shown by laboratory methods to be available but eventually 
becomes available in the soil, phosphoric acid may be guaranteed as total phos- 
phoric acid. The natural unacidulated mineral phosphatic materials offered for 
sale shall be guaranteed as to both total and available phosphoric acid. The avail- 
able phosphoric acid guarantee shall not be given less prominence on the bag or tag 
than the total phosphoric acid. In the case of basic slag either the total or available 
phosphoric acid shall be guaranteed. 

In no case, except in the case of unacidulated mineral phosphates, shall the term 
"total phosphoric acid" and "available phosphoric acid" be used in the same state- 
ment of analysis. 

1954 (48) 1509. 

§ 3-590.25. When registration and sale may be prohibited. 

The board may prohibit the registration and sale of any fertilizer which 

( 1 ) Has a misleading or deceptive trade-mark, commercial brand name or firm 
name, 

(2) Carries exaggerated claims or 

(3) Contains materials other than recognized plant nutrients which are injurious 
to growing plants. 

1954 (48) 1509. 

§ 3-590.26. Exclusive use of brand name or trade-mark. 

The brand name or trademark registered by a person shall not be entitled to 
registration by another. The person having first registered and used such name 
or trade-mark shall be entitled to it, even should it not be offered for current 
registration. 

1954 (48) 1509. 

§ 3-590.27. Revocation or refusal of registration for fraud. 

When it shall appear to the board that any registrant has been persistently fraud- 
ulent in his dealings the board may revoke or refuse to register such registrant. 
1954 (48) 1509. 

27 



§ 3-590.31 Code of Laws of South Carolina § 3-590.52 

Article 3. 
Labels, Tags, etc. 
§ 3-590.31. Information required on containers. 

Any commercial fertilizer offered for sale or sold or distributed in this State in 
bags/barrels or other containers shall have placed on or affixed to the container 
in written or printed form the net weight and the information required by items 
1 to 5 of § 3-590.23 either : 

( 1 ) On tags affixed to the end of the package between the ears or on the sewed 
end, 

(2) Directly on the package in type that is plainly legible or 

(3) A combination of the two. 
1954 (48) 1509. 

§ 3-590.32. Printing on package. 

No printing shall appear on the package without the brand name and grade. 
1954 (48) 1509. 

§ 3-590.33. Statement accompany bulk shipment. 

If distributed in bulk, a written or printed statement of the weight and the in- 
formation required by items 1 to 5 of § 3-590.23 shall accompany delivery and be 
supplied to the purchaser. 

1954 (48) 1509. 

§ 3-590.34. Contract specifications to be complied with ; actual analysis shown 
on bag and guaranteed. 

When there is a contract of agreement between a registrant and a purchaser of 
commercial fertilizer that the fertilizer will be manufactured by the use of certain 
definite sources and amounts of nitrogen, phosphoric acid and potash, the fertilizer 
must be manufactured from these materials without the substitution of other ma- 
terials and the actual analysis, including the amount (lbs. per one hundred) and 
analysis of each material in the mixture, must be shown on the tag and guaranteed 
as prescribed in § 3-590.21. Failure on the part of the registrant to comply with 
this requirement shall render the registrant liable to the purchaser for penalties 
prescribed by law and, in addition thereto, the registrant shall pay to the purchaser 
a penalty equal to one-fourth of the purchase price of such fertilizer. Such mix- 
tures must conform to the approved ratios and minimum analysis grade for each 
ratio. 

1954 (48) 1509. 

Article 4. 

Required Standards. 

§ 3-590.51. Minimum plant nutrient content. 

A maximum of twenty grade ratios, with a minimum analysis grade for each 
ratio for mixed fertilizer containing two or more plant nutrients approved by the 
board annually, can be registered for sale in this State. Such mixture must contain 
a minimum of twenty per cent of total nitrogen, available phosphoric acid or sol- 
uble potash ; provided that mixed fertilizers with twenty-five per cent or more of the 
nitrogen in the insoluble form shall contain a minimum of eighteen per cent of total 
nitrogen, available phosphoric acid or soluble potash. This shall not apply to animal 
or vegetable product not mixed with other fertilizer materials. 

1954 (48) 1509. 

§ 3-590.52. Nitrate of soda, sulphate of ammonia and superphosphate. 

No nitrate of soda containing less than fifteen and one-fourth percent of nitro- 
gen, no sulfate of ammonia containing less than twenty and one-fourth percent 
of nitrogen and no superphosphate containing less than eighteen percent of avail- 

28 



§ 3-590.53 1954 Cumulative Supplement § 3-590.72 

able phosphoric acid shall be registered, sold or' offered for sale for fertilizer pur- 
poses within this State. 
1954 (48) 1509. 

§ 3-590.53. Specialty fertilizer. 

A registrant may be permitted to sell one, but not exceeding one, grade of spe- 
cialty fertilizer not on the current approved ratio list if such fertilizer contains 
a minimum of twenty percent of total nitrogen, available phosphoric acid or solu- 
ble potash. The board or its duly authorized representatives may at their discretion 
require a sample label, all labeling claims made or to be made, and a sample of 
the product to be submitted before approving the registration of such fertilizer. 

1954 (48) 1509. 

§ 3-590.54. Filler. 

It shall be unlawful for any person to manufacture, offer for sale or sell in this 
State any commercial fertilizer containing any substance used as a filler that is in- 
jurious to crop growth or deleterious to the soil or to use in such commercial 
fertilizer as a filler any substance that contains inert plant nutrient material or any 
other substance for the purpose or with the effect of deceiving or defrauding the 
purchaser. The board shall determine what inert material or substance is injurious 
or objectionable. 

1954 (48) 1509. 

§ 3-590.55. Wet or bad mechanical condition. 

No commercial fertilizer shall be offered for sale which contains such an amount 
of water as to render the handling or manipulation of such commercial fertilizer 
difficult or to cause the clogging of fertilizer distributors by reason of its bad me- 
chanical condition. Such wet or bad mechanical condition of any commercial fer- 
tilizer shall be carefully observed by all fertilizer inspectors at the time of drawing 
their samples and shall be reported to the board or its duly authorized representative 
who, if he confirms the opinion of the inspector, shall forbid the sale of the lot so 
inspected. 

1954 (48) 1509. 

§ 3-590.56. Bulk sales. 

Registrants may sell commercial fertilizer in bulk to persons if delivery is made 
directly from the registrant to the user without intermediate storage. 
1954 (48) 1509. 

Article 5. 

Analyses and Inspections. 

§ 3-590.71. Analyses of fertilizers; inspectors; chemists; reports. 

The board shall cause one or more analyses to be made annually of such com- 
mercial fertilizers sold or offered for sale under the provisions of this chapter, as 
may be sampled under its direction and in accordance with such regulations as it 
may adopt. For this purpose, the board or a committee thereof shall appoint or cause 
to be appointed a sufficient number of admiinistrative personnel, inspectors and 
chemists who shall procure, analyze and otherwise experiment with samples of 
commercial fertilizers in accordance with the methods prescribed by the board or 
its duly authorized agent and who shall perform such other duties as the board 
may direct. The analyses of all officially drawn samples will be compiled annually 
and published as directed by the board. 

1954 (48) 1509. 

§ 3-590.72. Entry of premises and inspection; sampling. 

In order to carry out the provisions of this chapter, any officer or agent of the 
board or of a committee thereof authorized by the board for the purpose may at 
any hour during the day or night enter any factory, plant, car or other place in 
which any commercial fertilizer or substances designed or intended for use as a fer- 

29 



§ 3-590.73 Code of Laws of South Carolina § 3-590.83 

tilizer is stored, shipped, sold, or used, and may inspect and sample the contents and 
operation thereof. It is hereby made a condition to the shipment or delivery for ship- 
ment of any fertilizer from any such factory, plant, car or truck that such inspec- 
tion and sampling be permitted by the owner or operator thereof. 
1954 (48) 1509. 

§ 3-590.73. Analysis of fertilizers for purchasers own use. 

Any citizen of this State who shall purchase for his own use and not for sale 
any commercial fertilizers shall have the right to have the same analyzed by the 
board by taking a sample of the same for analysis from not less than five unopened 
bags and from at least ten percent of such fertilizer within fifteen days from the 
date of delivery. Before taking such sample such citizen shall give the registrant 
whose name and address appear on the bag or tag at least six days' written notice, 
which shall be served personally or sent by registered mail, of his intention to 
draw such sample. If the registrant shall neglect to have a representative pres- 
ent within the time required, then such sample may be drawn in the presence 
of at least two disinterested witnesses; one to be chosen by such purchaser and 
one 'by the seller, who shall certify that the sample was taken from such com- 
mercial fertilizer. The certificate with the sample shall be sealed by a third dis- 
interested party in the presence of the witnesses and directed to the College. 
If any seller, vendor or registrant of commercial fertilizer shall refuse, decline, or 
neglect to choose a witness as provided in this section, after having been notified 
or requested six days before by such purchaser to do so, then he shall forfeit his 
right so to do and such purchaser shall select two disinterested witnesses, who shall 
select a third witness, who shall proceed to take samples as provided. All samples 
of commercial fertilizer drawn under the provisions of this section shall be subject 
to such other rules as may be prescribed by the board not inconsistent with the 
provisions of this chapter. 

1954 (48) 1509. 

Article; 6. 

Inspection Tax 

§ 3-590.81. Tax per ton of commercial fertilizer sold. 

For the purpose of carrying out the provisions of this chapter all registrants or 
guarantors who distribute or sell any commercial fertilizer in this State shall pay 
to the State Treasurer an inspection tax of twenty-five cents for each ton of 
commercial fertilizer sold. 

1954 (48) 1509. 

§ 3-590.82. Tax on packages containing ten pounds or less. 

On individual packages of commercial fertilizer containing ten pounds or less, 
there shall be paid in lieu of the annual registration fee of one dollar per brand and 
the twenty-five cents per ton inspection tax, an annual registration fee and inspec- 
tion tax of ten dollars for each brand and grade sold or distributed. When a person 
sells commercial fertilizer in packages of ten pounds or less and in packages over 
ten pounds, this annual registration and inspection tax of ten dollars shall apply 
only to that portion sold in packages of ten pounds or less, and that portion sold 
in packages over ten pounds shall be subject to the same inspection tax of twenty- 
five cents per ton as provided in this § 3-290.81. 

1954 (48) 1509. 

Cross reference. — See § 3-590.22 for reg- 
istration fee. 

§ 3-590.83. Exemptions. 

Nothing in this article shall interfere with fertilizer passing through this State 
in transit shall it apply to the delivery of commercial fertilizer moving between reg- 
istrants. 

1954 (48) 1509. 

30 



§ 3-590.84 1954 Cumulative Supplement § 3-590.101 

§ 3-590.84. Reports on sales ; payment of tax. 

A report of tonnage shall be due and the inspection tax payable monthly on the 
fifteenth day of the following month covering tonnage of commercial fertilizer sold 
during the preceding month by the registrant or guarantor transacting, distribut- 
ing or selling to a nonregistrant. If the tonnage report is not filed and the payment 
of inspection taxes is not made within fifteen days after the date due, a collection 
fee amounting to ten percent of the amount due shall be assessed against the 
guarantor, and the amount of fees due shall constitute a debt and become the 
basis of a judgment against the guarantor. If the tonnage report is not filed and 
the inspection tax and collection fee is not made within thirty days after the date 
due, or if the report be false, fifteen days after due written notice and opportunity 
for hearing have been given, the board may cancel the registration of commercial 
fertilizer registered by the delinquent guarantor. 

1954 (48) 1509. 

§ 3-590.85. Reports on shipments to nonregistrants. 

The registrant or guarantor transacting, distributing or selling commercial fer- 
tilizer to a nonregistrant shall mail to the board or its duly authorized repre- 
sentative within forty-eight hours, less legal holidays and Sundays, after shipment 
is made a report showing the following information : Name, county of consignee, 
amount, tons, by grade and analysis of commercial fertilizer. This report may be 
made on a special summary form provided by the board or by submitting a copy 
of the invoice. 

1954 (48) 1509. 

§ 3-590.86. Information confidential. 

Any information as to the amount of commercial fertilizer sold and business prac- 
tices of any guarantor obtained from tonnage reports or from inspection of records 
and books shall remain confidential and shall not be revealed by the board or its 
representatives to the public, persons or other guarantors. 

1954 (48) 1509. 

§ 3-590.87. Bond and records of registrant. 

In order to guarantee faithful performance, each registrant must be able to fur- 
nish a satisfactory financial statement or surety bond to the board or its authorized 
representative. The registrant must also satisfy the board or its duly authorized 
representative that he has a good bookkeeping system and keeps such records as 
may be necessary to indicate accurately the tonnage of commercial fertilizer sold. 

1954 (48) 1509. 

§ 3-590.88. Examination of registrant's records. 

The board or its authorized representative may examine the registrant's records 
and verify the tonnages of commercial fertilizer manufactured, stored, handled or 
sold. 

1954 (48) 1509. 

Article 7. 

Fines, Suits, etc. 

§ 3-590.101. Penalties for plant nutrient deficiencies. 

If the analysis shall show that any commercial fertilizer falls short of the guar- 
anteed analysis in any one ingredient, a penalty shall be assessed in accordance 
with the following provisions : 

( 1 ) Nitrogen 

(a) Total nitrogen: A penalty of three times the commercial value of the de- 
ficiency if such deficiency is in excess of thirty one-hundredths of one percent on 
goods that are guaranteed three percent or less ; thirty-five one-hundredths of one 
percent on goods that are guaranteed four percent ; forty one-hundredths of one 
percent on goods that are guaranteed over four percent, up to and including eight 

31 



§ 3-590.102 Code of Laws of South Carolina § 3-590.105 

percent, fifty one-hundredths of one percent on goods guaranteed over eight per- 
cent up to and including thirty percent and seventy-five one-hundredths of one 
percent on goods guaranteed over thirty percent. 

(b) Water-insoluble nitrogen: A penalty of three times the commercial value 
of the deficiency if such deficiency is in excess of ten one-hundredths of one per- 
cent on goods guaranteed up to and including fifty one-hundredths of one per- 
cent ; twenty one-hundredths of one percent on goods guaranteed from fifty one- 
hundredths of one percent to one percent; thirty one-hundredths of one percent 
on goods guaranteed from one percent to two percent ; fifty one-hundredths of one 
percent on goods guaranteed above two percent and up to and including five 
percent and one percent on goods guaranteed over five percent. 

(2) Available phosphoric acid. A penalty of four times the commercial value 
of the deficiency, if such deficiency is in excess of forty one-hundredths of one 
percent on goods that are guaranteed up to and including ten percent ; fifty one- 
hundredths of one percent on goods that are guaranteed over ten percent up to 
and including twenty-five percent and seventy-five one-hundredths of one percent 
for goods guaranteed over twenty-five percent. 

(3) Soluble potash. A penalty of four times the commercial value of the de- 
ficiency, if such deficiency is in excess of thirty one-hundredths of one percent on 
goods that are guaranteed three percent ; forty one-hundredths of one percent on 
goods guaranteed four percent ; fifty one-hundredths of one percent on goods guar- 
anteed over four percent up to and including eight percent ; sixty one-hundredths 
of one percent on goods guaranteed over eight percent, up to and including twenty 
percent and seventy-five one-hundredths of one percent on goods guaranteed over 
twenty percent. 

1954 (48) 1509. 

§ 3-590.102. Penalty for excessive chlorine in tobacco fertilizer. 

If the chlorine content of any lot branded for tobacco shall exceed the maximum 
amount guaranteed by more than one-half of one percent, the registrant shall* be 
liable for a penalty of ten percent of the value of the fertilizer for each additional 
one-half of one percent of excess or fraction thereof. All penalties assessed under 
this section shall be paid to the consumer of the lot of fertilizer represented by the 
sample analyzed. 

1954 (48) 1509. 

§ 3-590.103. Penalty for deficiency in basicity. 

Should the basicity as equivalent of calcium carbonate of any sample of fer- 
tilizer be found upon analysis to differ more than five percent, or one hundred 
pounds of calcium carbonate equivalent per ton, from the guarantee, a penalty of 
fifty cents per ton for each fifty pounds of calcium carbonate or fraction thereof, 
in excess of the one hundred pounds allowed, shall be assessed and paid as out- 
lined in §§ 3-590.101 to 3-590.110. 

1954 (48) 1509. 

§ 3-590.104. Additional plant nutrients. 

Tolerances and penalties for any additional plant nutrients or elements or com- 
pounds not included in §§ 3-590.101 to 3-590.103 shall be prescribed by the board. 
But in no case shall the penalties exceed the selling price of the fertilizer. 

1954 (48) 1509. 

§ 3-590.105. Short weight. 

If any commercial fertilizer in the possession of the consumer is found by the 
board to be short in weight, the registrant of such commercial fertilizer shall with- 
in thirty days after official notice from the board or its duly authorized representa- 
tive pay to the consumer a penalty equal to four times the value of the actual short- 

32 



§ 3-590.106 1954 Cumulative Supplement § 3-590.110 

age. Underweight commercial fertilizer stored or offered for sale, other than in 
the possession of the consumer, shall be deemed misbranded. 

1954 (48) 1509. 

Cross reference. — See § 3-590.5 for defi- 
nition of misbranded commercial fertilizer. 

§ 3-590.106. Commercial values; use in assessment of penalties. 

For the purposes of determining the commercial values to be applied under the 
provisions of this chapter, the board shall determine and publish annually the 
relative commercial values per unit of nitrogen, phosphoric acid and potash in 
commercial fertilizers in this State. The values so determined and published shall 
be used in assessing penalties. 

1954 (48) 1509. 

§ 3-590.107. Penalties for benefit of ultimate consumer. 

All penalties imposed under §§ 3-590.101 to 3-590.104 for deficiencies is guaran- 
teed analysis of any commercial fertilizer shall be entirely for the benefit of the 
ultimate consumer of such commercial fertilizer and no such penalty or part thereof, 
except as authorized in § 3-590.108, shall accrue to any dealer in commercial 
fertilizer. 

1954 (48) 1509. 

§ 3-590.103. Distribution of fine or penalty. 

Upon the assessment of a fine or penalty by the board, a committee thereof, or 
by judgment in any action at law as herein provided, the net total of such fine 
or judgment shall be paid over to the dealer who sold or offered for sale such 
deficient commercial fertilizer. Such dealer shall within thirty days thereafter 
distribute pro rata ninety per cent of such penalty, fine or judgment to the con- 
sumer to whom such goods as shall have been found deficient were sold. The 
dealer may retain ten per cent of such penalty, fine or judgment for his services. 
But nothing herein contained shall relieve any registrant, manipulator, or mixer 
who shall have sold his goods direct to the consumer from paying over to such 
consumer the full amount of any fine, penalty or judgment which may have been 
imposed or found on account of any deficiency in guaranteed analysis, and when 
after due search and diligence, not over thirty days after the analysis is reported, 
it is found to be impossible for the dealer to furnish the names, addresses and 
amounts purchased by each of the consumers of any deficient goods, thereby 
making it impossible to refund the amount due to such consumers, the dealer shall 
pay the total refund to the State Treasurer by sending it to the board or its 
duly authorized representative, Clemson, South Carolina, the proceeds to be 
credited to the account of the Clemson College fertilizer fund. 

1954 (48) 1509. 

§ 3-590.109. Failure of dealer to distribute collected penalty. 

Any dealer who receives such fines, penalties or judgment and who shall refuse 
or neglect to accept and distribute such penalties or judgment shall be guilty of a 
misdemeanor, and upon conviction thereof, shall be fined not more than one 
hundred dollars or imprisoned not exceeding thirty days, or both, in the discretion 
of any court of competent jurisdiction. 

1954 (48) 1509. 

§ 3-590.110. Evidence of distribution. 

As evidence of the distribution of such penalty, fine or judgment to the ultimate 
consumer such dealer shall furnish receipt or other evidence of such distribution to 
the board or its duly authorized representative. 

1954 (48) 1509. 

33 



§ 3-590.111 Code of Laws of South Carolina § 3-590.115 

§ 3-590.111. Penalty to transport, sell or receive improperly branded or mis- 
branded fertilizers. 

Every person who shall sell, offer for sale or transport in this State any commer- 
cial fertilizer without being properly branded or having attached thereto such labels 
and tags as required by law or any misbranded fertilizer, or receive any such 
fertilizer may be required to forfeit to the State a sum not to exceed the selling 
price of each separate package sold, offered for sale or received, to be recovered 
by suit brought in the name of the State in any court of competent jurisdiction. Such 
forfeitures, when collected, shall be paid to the State Treasurer, who shall hold 
the same subject to the order of the board. 

1954 (48) 1509. 

Cross reference. — See § 3-590.5 for 
definition of "misbranded commercial fer- 
tilizer". 

§ 3-590.112. Actions to recover fines and penalties. 

The State may maintain an action in any court of competent jurisdiction against 
the vendor or owner of any commercial fertilizer sold, offered or exposed for sale in 
this State or shipped or transported within or into the State in violation of law 
to recover the fines and penalties due for the illegal sale, shipment or transportation 
thereof regardless of the domicile or place of residence of such owner or vendor and 
shall have a lien upon such commercial fertilizer, as well as upon any other com- 
mercial fertilizers, to be found within the State belonging to the offending party 
or parties, to secure the payment of such fines or penalties and costs and expense 
of such action. Such lien shall be enforced at attachment of such commercial fer- 
tilizer under a writ of attachment to be issued in accordance with the practice pre- 
scribed in §§ 10-901 to 10-956, except that no security as required of other 
plaintiffs by § 10-908 need be given by the State in such action. 

1954 (48) 1509. 

§ 3-590.113. Service of process of nonresident manufacturers. 

Any seller of commercial fertilizers manufactured outside this State shall be 
taken and deemed to be an agent of the manufacturer of such fertilizers for the 
purpose of the service of process and of such papers as may be necessary in the 
commencement of any action or suit in any court of competent jurisdiction au- 
thorized by this chapter. 

1954 (48) 1509. 

§ 3-590.114. Analyze fertilizers ordered sold prior to sale. 

If there be judgment in favor of the State, as plaintiff, in such action and the 
commercial fertilizers shall be ordered sold under execution to satisfy such judg- 
ment, an inspector shall, under direction of the board, prior to the sale, draw 
proper samples from such commercial fertilizer, and cause the same to be analyzed 
by the College, and shall affix to the package thereof a statement of the result of 
such analysis on each package as required by this chapter, so that the purchaser at 
the sheriff's or constable's sale may purchase such commercial fertilizer under a 
full guaranteed analysis as provided by law. 

1954 (48) 1509. 

§ 3-590.115. Remittance of penalties by the board. 

The board may remit, in whole or in part, upon payment of the expenses incident 
to an investigation, any penalty herein provided for except the penalties provided 
for the deficiency in analysis, when the offending person is able to show that his 
violation of this chapter was beyond his reasonable ability to prevent such remis- 
sion of penalty by the board shall be on such condition as to it may seem equitable 
and fair. 

1954 (48) 1509. 

34 



§ 3-590.116 1954 Cumulative Supplement § 3-621 

§ 3-590.116. Stop sale, use or removal orders; release of fertilizers. 

The board or its authorized representative may issue and enforce a written or 
printed "Stop Sale, Use or Removal Order" to the owner or custodian of any 
lot of commercial fertilizer and hold at a designated place when the board or its 
authorized representative finds such commercial fertilizer is being offered or exposed 
for sale in violation of any of the provisions of this chapter until the law has been 
complied with and such commercial fertilizer is released in writing by the board or 
its duly authorized representative, or such violation has been otherwise legally 
disposed of by written authority. The board or its duly authorized representative 
shall release the commercial fertilizer so withdrawn when the requirements of the 
provisions of this chapter have been complied with and all costs, expenses, and 
penalties incurred in connection therewith have been guaranteed or paid by the 
registrant. 

1954 (48) 1509. 

CHAPTER 6. 

Commercial Feeding Stuffs. 

Article 1. Article 3. 

General Provisions. Labeling. 

Sec. Sec. 

3-603. Certain sales and distributions un- 3-621. Labeling of concentrated commer- 

lawful. cial feeds. 

3-604. [Repealed.] 

Article 1. 
General Provisions. 
§ 3-603. Certain sales and distributions unlawful. 

It shall be unlawful for any manufacturer, importer, jobber, agent or dealer to: 

( 1 ) Sell or offer or expose for sale or distribution in this State any concentrated 
commercial feeding stuff without complying with the requirements of articles 1 to 
6 of this chapter or 

(2) Sell or offer or expose for sale or distribution any concentrated commercial 
feeding stuff which contains substantially a smaller percentage of crude protein, 
crude fat or carbohydrates or a larger percentage of crude fiber than certified to be 
contained. 

1942 Code § 6597-1; 1932 Code 1368; Cr. C. '22 § 268; Cr. C. '12 § 481; 1906 (25) 101; 
1910 (26) 613; 1920 (31) 853; 1923 (33) 93; 1954 (48) 1471. 

Effect of amendment. — The amendment 
eliminated items (3) and (4). 

§ 3-604. Unlawful to sell any compound of crushed ear corn. 

Repealed by A. & J. R. 1954 (48) 1471. 

§ 3-608. Regulations of commissioner. 

Rules and regulations promulgated under Regulations, Agriculture Commissioner, in 
authority of this section, see Rules and volume 7. 

Article 3. 
Labeling. 
§ 3-621. Labeling of concentrated commercial feeds. 

(5) A statement of the maximum percentage it contains of crude fiber, the 
percentage of crude fat and the percentage of crude protein. 

1942 Code § 6587; 1932 Code § 6587; Civ. C. '22 § 3497; Civ. C. '12 § 2420; 1910 (26) 
613; 1936 (39) 1592; 1954 (48) 1696. 

Effect of amendment. — The amendment The section otherwise not amended and re- 
required percentage of crude fat and per- mains unchanged, 
centage of crude protein to be in statement. 

35 



4-31 



Code of Laws of South Carolina 



4-107 



Title 4. 
Alcohol and Alcoholic Beverages. 

Chap. 2. Beer, Ale, Porter and Wine, §§ 4-212 to 4-212.2. 

CHAPTER 1. 
Thf Alcoholic Bfvfragf Control, Act. 

ArticlF 3. 
Issue of Licenses; Bond or Deposit and Action Thereon. 
§ 4-31. What licenses Commission may issue. 

Stated in Asmer v. Livingston, . . . . S. C. 
...., 82 S. E. (2d) 465 (1954). 

§ 4-43. Bond or deposit of licensee. 

"Lawful operation of the business" is a ages for the tort of a liquor dealer which 

condition of the bond required of a liquor he may commit against an individual. 

dealer by this section, but it will hardly be Rogers v. U. S. Fidelity & Guaranty Co., 

contended that the bond is liable for dam- .... S. C , 81 S. E. (2d) 896 (1954). 



ArticlF 5. 
Regulation of Licensees. 
§ 4-72. Maximum sale prices for wholesalers and retailers. 

Retailer not compelled to charge maxi- dealer to charge and collect a profit of 
mum price. — There is nothing in this sec- 257c Jenkins v. Livingston, 219 S. C. 260, 
tion which compels a retail liquor store 64 S. E. (2d) 883 (1951). 

ArticlF 6. 
Offenses and Enforcement. 
§ 4-91. Unlawful manufacture, sale or transportation, etc. 

Applied in State v. Gordon, 224 S. C. 
433, 79 S. E. (2d) 869 (1954). 

§ 4-93. Assisting in unlawful transportation. 

Applied in State v. Edwards, 220 S. C. 
373, 68 S. E. (2d) 346 (1951). 

§ 4-94. Unlawful purchase. 

Cited in State v. McCrae, 222 S. C. 194, 
72 S. E. (2d) 451 (1952). 

§ 4-95. Unlawful possession. 

Jurisdiction to try first offense of un- 
lawful possession. — See note to § 43-68. 

This section does not repeal by impli- 
cation § 4-401, declaring the unlawful 

§ 4-107. Penalties for violations. 

Cross reference. — As to jurisdiction to 
try first offense of unlawful possession of 
intoxicating liquor, see note to § 43-68. 

Sentence not excessive. — A sentence of 
eighteen months in prison upon a con- 
viction of unlawful possession of liquors 



keeping in possession of alcoholic liquor 
a common nuisance. State v. McCrae, 222 
S. C. 194, 72 S. E. (2d) 451 (1952). 



in defendant's place of business was not 
excessive. State v. Goodall, 221 S. C. 175, 
69 S. E. (2d) 915 (1952). 

Cited in State v. McCrae, 222 S. C. 194, 
72 S. E. (2d) 451 (1952). 



36 



§ 4-212 1954 Cumulative Supplement § 4-217 

CHAPTER 2. 
Beer, Ale, Porter and Wine. 

Article 2. Sec. 

Permits for Sales. 4-212.1. Consideration of application when 

Sec. location without a municipality 

4-212. Qualifications for permit. but within five miles of a State 

prohibiting sale of beer or wine. 

Article 2. 
Permits for Sales. 
§ 4-212. Qualifications for permit. 

No permit authorizing the sale of beer or wine shall be issued unless : 

(1) The applicant and any agent, employee or servant of the applicant to be 
employed on the licensed premises shall be of good moral character ; 

(2) The applicant and any agent, employee or servant to be employed on the 
licensed premises, shall be a citizen of this State for at least one year prior to the 
date of application and shall have maintained therein his or her principal place of 
abode for at least one year prior to the date of application ; 

(3) The applicant has not within two years prior to the date of application had 
revoked any beer and wine permit issued to him ; 

(4) The applicant shall be 21 years of age or over; and 

(5) The location of the proposed place of business of applicant shall in the 
opinion of the Tax Commission be a proper one. 

1942 (42) 1739; 1954 (48) 1702. 

Effect of amendment. — The amendment holic liquors from item (3) and added item 
included in item (1) agents, employees and (4). 

servants, added item (2), eliminated alco- Citizenshio of applicant is a question of 

fact. Atty. Gen. Op., Apr. 19, 1954. 

§ 4-212.1. Consideration of application when location without a municipality 
but within five miles of a State prohibiting sale of beer or wine. 

In considering an application for a permit for the sale of beer or wine at a 
location within five miles of a political subdivision of a foreign State in which the 
sale of beer or wine is prohibited, the Commission shall in addition to the factors 
otherwise required to be considered take into account (a) the proximity of the lo- 
cation to the prohibited area, (b) the likelihood that large crowds will gather from 
time to time with attendant breaches of the peace, (c) the requirement of increased 
law enforcement officers (d) and any other factor which in its judgment should 
rightfully be considered before issuing the permit. These special considerations shall 
not apply where the application is made with respect to a location within the cor- 
porate limits of a municipality. 

1954 (48) 1702. 

The provisions of this section relating require consideration by commission. Atty. 
to application for permit within five mile Gen. Op., Apr. 19, 1954. 
area have no mandatory feature but merely 

§ 4-215. Acts prohibited on licensed premises. 

Sale of beer to intoxicated person does dealer's place of business. State v. Rack- 
not create nuisance.— The sale of beer by ley, 221 S. C. 49, 68 S. E. (2d) 873 (1952). 
a licensed dealer to an intoxicated person Applied in South Carolina Tax Coram. 
is in violation of statute, but that act alone v. McLain, 218 S. C. 285, 62 S. E. (2d) 
does not create a public nuisance at the 505 (1950). 

§ 4-217. Appeal from order of revocation or suspension. 

Applied in South Carolina Tax Comm. 
v. McLain, 218 S. C. 285, 62 S. E. (2d) 505 
(1950). 

37 



§ 4-401 Code of Laws op South Carolina § 5-2 

CHAPTER 4. 
Nuisances, Enforcement and Other Miscellaneous Provisions. 

Article 1. 
Nuisances. 
§ 4-401. Unlawful sale, etc., of alcoholic liquors a common nuisance. 

This section is not void for uncertainty, codified as Chapter 1 of this Title, did not 

but clearly denominates the doing of the operate to repeal this section by implica- 

enumerated acts as unlawful, with the tion. State v. McCrae, 222 S. C. 194, 72 S. 

penalty being provided in § 4-417. State E. (2d) 541 (1952). 

v. McCrae, 222 S. C. 194, 72 S. E. (2d) The history of this section shows it to 

451 (1952). be independent of other acts, except the 

It was not repealed by the Alcoholic penaltv which is provided in § 4-417. State 

Beverage Control Act. — The Alcoholic v. McCrae, 222 S. C. 194, 72 S. E. (2d) 

Beverage Control Act [1945 (44) 337], 451 (1952). 

§ 4-402. Resorts for drinking declared nuisance. 

Applied in State v. McCrae, 222 S. C. 
194, 72 S. E. (2d) 451 (1952). 

§ 4-403. Warrant for arrest and search warrant; seizure. 

Cited in State v. McCrae, 222 S. C. 194, 
72 S. E. (2d) 451 (1952). 

Article 2. 

Enforcement and Other General Provisions. 

§ 4-417. Punishment for violations of law in cases not specifically prescribed. 

This section provides the penalty for 401. State v. McCrae, 222 S. C. 194, 72 S. 
the acts denominated as unlawful in § 4- E. (2d) 451 (1952). 



Title 5. 

Amusements and Athletic Contests. 

Chap. 1. Circuses, Carnivals and Other Travelling Shows, §§ 5-2 to 5-10. 
2. Motion Pictures, Etc., § 5-103. 
7. Dance Halls, Slot and Music Machines, Etc., §§ 5-625 to 5-638.21. 

CHAPTER 1. 
Circuses, Carnivals and Other Traveling Shows. 

Sec. Sec. 

5-2. Same; certain local exceptions. 5-9.1. Same; Union County. 

5-6. Same; Darlington County. 5-10. [Repealed.] 

§ 5-2. Same ; certain local exceptions. 

The provisions of § 5-1 shall not apply within the limits of Aiken, Allendale, 
Barnwell, Berkeley, Calhoun, Chester, Clarendon, Florence, Greenville, Green- 
zvood, Hampton, Marlboro, Neivberry, Orangeburg, Pickens, Richland, Saluda, 
Spartanburg and Sumter Counties. 

Carnivals and tent shows, shall be permitted to exhibit in said counties with- 
out license when they exhibit under the auspices of a regularly established post 
of the American Legion in the county in which such exhibitions are had ; provided, 
that the arrangement between any such carnival or tent show and the Legion 
post under whose auspices it exhibits shall have been made at least three days 
before the commencement of any such exhibition. 

The Aiken County Fair Association shall have the exclusive right to conduct 
a fair and/or carnival in Aiken County during the period from September fifteenth 

38 



§ 5-6 1954 Cumulative Supplement § 5-103 

to October fifteenth of each year. But this exclusive right shall apply only to the 
city of Aiken and an area of three miles surrounding said city. 

Nothing herein contained shall be construed to relieve any person from the 
payment of the license tax on admissions imposed by article 7 of chapter 10 of 
Title 65. 

1942 Code § 6333; 1932 Code § 6333; Civ. C. '22 §§ 5177, 5178, 5181-5186; Cr. C. '22 
§§ 247-251; 1917 (30) 545; 1918 (30) 764; 1919 (31) 150; 1920 (31) 726, 752, 927; 1921 
(32) 100, 224, 256, 331; 1922 (32) 906; 1929 (36) 57; 1930 (36) 1276; 1934 (38) 1484; 1935 
(39) 266, 388, 421; 1937 (40) 241, 292; 1939 (41) 532; 1945 (44) 26; 1947 (45) 70, 131, 
281; 1948 (45) 1632; 1952 (47) 2075. 

Effect of amendment. — The amendment 
added the third paragraph. 

§ 5-6. Same ; Darlington County. 

The Hartsville Boy Scout district may sponsor one circus annually. 

1942 Code § 6333; 1932 Code § 6333; Civ. C. '22 §§ 5177, 5178, 5181-5186; Cr. C. '22 
§§ 247-251; 1917 (30) 545; 1918 (30) 764; 1919 (31) 150; 1920 (31) 726, 752, 927; 1921 
(32) 100, 224, 256, 331; 1922 (32) 906; 1929 (36) 57; 1930 (36) 1276; 1934 (38) 1484; 1935 
(39) 266, 388, 421; 1937 (40) 241, 292; 1939 (41) 532; 1945 (44) 26; 1947 (45) 70, 131, 281; 
1948 (45) 1632; 1954 (48) 1787. 

Effect amendment. — Amendment added Editor's note. — It appears that the above 

above sentence. Section otherwise un- amendment is surplusage in view of § 5-1 
changed. excepting circuses. 

§ 5-9.1. Same; Union County. 

Any circus, carnival or other such admission charging show or amusement 
that usually exhibits under a tent or outdoors may exhibit in Union County with- 
out payment of any license fee or charge, if such exhibition is made under the 
auspices or sponsorship of a local eleemosynary association or organization and 
pursuant to a contract requiring such association or organization to pay the li- 
cense for such exhibition and if such exhibition is first approved as to time and 
place by the executive secretary and treasurer of the Union County Fair Associa- 
tion. 

1952 (47) 2838. 

§ 5-10. Same; Union County. 

Repealed by A. & J. R. 1952 (47) 2838. 
Cross reference. — See now § 5-9.1. 

CHAPTER 2. 
Motion Pictures, etc. 

Sec. certain counties, cities and re- 

5-103. Motion pictures, athletic sports and sorts, 

musical concerts on Sunday in 

§ 5-103. Motion pictures, athletic sports and musical concerts on Sunday in 
certain counties, cities and resorts. 

It shall be lawful to exhibit publicly motion pictures, athletic sports and musical 
concerts and to engage therein from and after two o'clock P. M., on Sunday (a) 
in counties containing a city having a population of more than sixty-two thousand, 
(b) in cities from sixteen thousand to sixteen thousand one hundred in population 
according to the official United States census for 1940, (c) in counties containing 
a city having an exact population of five thousand seven hundred forty-seven 
according to the 1940 official United States census, (d) in cities with a population 
from six thousand two hundred and twenty-five to six thousand two hundred and 
fifty according to the official United States census for 1940, and (e) in incorporated 
seashore resorts, if the exhibition of such motion pictures and engagements in 
athletic sports is lawful on other days in the week; provided that no such amuse- 
ments shall be exhibited or engaged in between the hours of seven P. M. and nine 
P. M. on Sundays. 

39 



§ 5-104 Code; of Laws op South Carolina § 5-625 

In incorporated towns and cities a special permit must first be obtained from 
the governing body. Outside of incorporated towns and cities a special permit 
must first be obtained from the governing body of the county except in a county 
containing a city having an exact population of five thousand seven hundred forty- 
seven according to the 1940 official United States census. 

Any person exhibiting publicly motion pictures, athletic sports or musical con- 
certs in any such county or city on Sunday during any hour not herein authorized 
or without first obtaining the special permit herein required shall be guilty of 
a misdemeanor and upon conviction thereof shall be punished by a fine of not 
more than one hundred dollars or imprisonment of not more than thirty days. 

1947 (45) 107; 1949 (46) 20, 127; 1951 (47) 526; 1952 (47) 1930. 

Effect of amendment. — The amendment Cited in Bishop v. Hanna, 218 S. C. 474, 

(1) tied the cities referred to in phrase (b) 63 S. E. (2d) 308, 24 A. L. R. (2d) 808 
of the section to the 1940 census, (2) (1951). 

added the cities referred to in phrase (d) Public exhibition of motion pictures on 

and (3) made the penalty clause refer to Sunday unlawful in Marlboro County and 
"any hours not herein authorized" where city of Bennettsville. Atty. Gen. Op., Mar. 
it formerly read "earlier than two o'clock 10, 1954. 
P. M." 

§ 5-104. Same; in other counties, cities and towns. 

Cited in Bishop v. Hanna, 218 S. C. 474, This section is no longer effective, hav- 

63 S. E. (2d) 308, 24 A. E. R. (2d) 808 ing expired six months after World War 
(1951). II. Atty. Gen. Op., Mar. 10, 1954. 

CHAPTER 7. 

Dance Halls, Slot and Music Machines, etc 

Article 3. Article 4.2. 

Slot and Music Machines Generally. Music Machines, etc., in Chesterfield 

Sec. County. 

5-625. Hours of operation of music ma- Sec. 

chines outside of municipalities 5-638. Operation of machines restricted, 

in certain counties. 5-638.1. Penalties. 

Article 3.1. Article 4.3. 

Music Machines, etc., in Horry County. Music Machines, etc., in Dorchester 

5-627.1. Operation of such machines out- County. 

side of municipalities restricted. 5-638.20. Operation of machine restricted. 
5-627.2. Penalties. 5-638.21. Penalties. 

Article 4.1. 
Music Machines, etc., in Marion and 
Marlboro Counties. 
5-636. Operation of machine restricted. 
5-637. Penalty. 

Article 3. 

Slot and Music Machines Generally. 

§ 5-625. Hours of operation of music machines outside of municipalities in 
certain counties. 

It shall be unlawful for any owner, lessee, custodian or other person in pos- 
session, for himself or another, of any nickelodeon, piccolo, phonograph or other 
mechanical or automatic music box or machine to operate the same or suffer or 
permit the operation thereof in or about any store, filling station, highway or 
other public or semipublic place outside of the limits of any incorporated town 
in Clarendon, Georgetozvn, Kershazv and Richland Counties after ten-thirty o'clock 
P. M., and before seven o'clock A. M. or in Darlington or Williamsburg Counties 
after twelve o'clock midnight on Saturday and before seven o'clock A. M. on the 
Monday following or in any of said counties at any time in hearing distance of 
any church during church or other religious services. Every violation of the terms 
hereof shall be a misdemeanor and any person upon conviction shall be subject 

40 



§ 5-627.1 1954 Cumulative; Supplement § 5-638 

for each violation to a fine of not less than five dollars and not more than fifty 
dollars or imprisonment for not more than thirty days. 

1942 Code, § 1396-2; 1939 (41) 433; 1942 (42) 1603; 1952 (47) 1726; 1953 (48) 216. 

Effect of amendments. — The 1952 1953 amendment added Williamsburg to 
amendment added Georgetown and the the counties covered by this section. 

Article 3.1. 
Music Machines, etc., in Horry County. 
§ 5-627.1. Operation of such machines outside of municipalities restricted. 

It shall be unlawful for any owner, lessee, custodian or other person, for him- 
self or another, of any nickelodeon, piccolo, phonograph or other mechanical or 
automatic music box or machine to operate such music box or machine, or suffer 
or permit the operation thereof, in or about any store, filling station, highway 
or other public or semipublic place outside of the limits of any incorporated town 
in Horry County after eleven o'clock P. M. on Saturday and until seven o'clock 
A. M., Monday following, or at any time in hearing distance of any church during 
church or other religious services. 

1953 (48.) 66. 

§ 5-627.2. Penalties. 

Every violation of the terms of § 5-627.1 shall be a misdemeanor and any per- 
son upon conviction shall be subject, for each violation, to a fine of not more 
than one hundred dollars, or imprisonment for not more than thirty days. 

1953 (48) 66. 

Article 4.1. 

Music Machines, etc., in Marion and Marlboro Counties. 

§ 5-636. Operation of machine restricted. 

It shall be unlawful for any owner, lessee, custodian or other person in pos- 
session, for himself or another, -of any nickelodeon, phonograph or other mechanical 
or automatic music box or machine, to which is attached or connected an outside 
loud-speaker, to operate or permit the operation thereof in Marion County or in 
Marlboro County after ten o'clock P. M. or before eight o'clock A. M. of any 
day or between the hours of ten o'clock P. M. on Saturday and eight o'clock 
A. M. on Monday, without first disconnecting or turning off the outside loud- 
speaker. 

1953 (48) 56, 260. 

§ 5-637. Penalty. 

Any person who violates the provisions of § 5-636 shall be guilty of a mis- 
demeanor and, upon conviction, shall be punished by a fine of not less than twenty 
dollars nor more than one hundred dollars or by imprisonment for not more 
than thirty days. Each violation of the provisions of said section shall constitute 
a separate offense. 

1953 (48) 56, 260. 

Article 4.2. 

Music Machines, etc., in Chesterfield County. 

§ 5-638. Operation of machine restricted. 

It shall be unlawful for any owner, lessee custodian or other person in possession, 
for himself or another, of any nickelodeon, piccolo, phonograph or other mechanical 
or automatic music box or machine, to which is attached or connected an outside 
loud-speaker, to operate or permit the operation thereof in Chesterfield County after 
eleven o'clock P. M. or before seven o'clock A. M. of any day, between the hours 
of eleven o'clock P. M. on Saturday and seven o'clock A. M. on the following 

41 



§ 5-638.1 Code; of Laws of South Carolina § 6-151 

Monday or at any time in hearing distance of any church during church or other 
religious services, without first disconnecting or turning off the outside loud-speaker. 
1954 (48) 1822. 

§ 5-638.1. Penalties. 

Any person who violates the provisions of § 5-638 shall be guilty of a misde- 
meanor and, upon conviction, shall be punished by a fine of not less than twenty 
dollars nor more than one hundred dollars or by imprisonment for not more than 
thirty days. Each violation of the provisions of said section shall constitute a sepa- 
rate offense. 

1954 (48) 1822. 

Article 4.3. 

Music Machines, etc., in Dorchester County. 

§ 5-638.20. Operation of machine restricted. 

It is unlawful for any owner, lessee, custodian or other person in possession, for 
himself or another, of any nickelodeon, phonograph or other mechanical or auto- 
matic music box or machine, to which is attached or connected an outside loud- 
speaker, to operate or permit the operation thereof in Dorchester County after 
twelve o'clock P. M. or before nine o'clock A. M. of any day or between the hours 
of twelve o'clock P. M. on Saturday and nine o'clock A. M. on Monday, without 
first disconnecting or turning off the outside loud-speaker. 

1954 (48) 1491. 

§ 5-638.21. Penalties. 

Any person who violates the provisions of § 5-638.20 shall be guilty of a mis- 
demeanor and, upon conviction, shall be punished by a fine of not less than twenty 
dollars nor more than one hundred dollars or by imprisonment for not more than 
thirty days. Each violation of the provisions of said section shall constitute a 
separate offense. 

1954 (48) 1491. 



Title 6. 
Animals. 

Chap. 2. Dogs and Rabies, § 6-151. 

4. Livestock and Poultry Generally, §§ 6-361 to 6-382. 

5. Sanitary and Health Provisions, §§ 6-405 to 6-521. 

CHAPTER 2. 

Dogs and Rabies. 
Article 3. 
Miscellaneous Provisions. 

Sec. 

6-151. When dogs are property. 

Article 3. 

Miscellaneous Provisions. 

§ 6-151. When dogs are property. 

Dogs shall be held to be property in any county of the State in which they are 
exempt from taxation. 

1952 (47) 1898. 

Editor's note. — This section comes from others relating to the dog tax were re- 

an amendment to § 2609 of the Code of pealed by implication by the Rabies Con- 

1942 dealing with the capitation tax on trol Act" of 1950 (1952 Code, §§ 6-121 to 

dogs. The General Assembly evidently 6-141) which provided that the inoculation 

failed to realize that that section and fee took the place of the former dog tax. 

42 



§ 6-311 1954 Cumulative Supplement § 6-339 

In view of the foregoing it would appear in the above section would be surplusage 
that the phrase "in any county of the State under existing law. 
in which they are exempt from taxation" 

CHAPTER 4. 

Livestock and Poultry Generally.* 

Article 2. Sec. 

Livestock Trespassing or Running at 6-369. Expiration of brands; renewal. 

Large. 6-370. Notice of necessity of renewal. 

Sec. 6-371. Failure to renew amounts to aban- 
6-312. Same; local exceptions in Berkeley donment. 

County. 6-372. Abandoned brands may be allowed 

to others. 

Article 4. 6-373. Transfers of certificates. 

Branding or Earmarking Livestock. 6.374. Cancellation of registration. 

6-361. Definitions. 6-375. Revocation of registration. 

6-362. Branding lawful. 6-376. When livestock branded. 

6-363. Earmarking of livestock. 6-377. Branding of livestock purchased or 
6-364. Only .one brand permissible per per- acquired. 

son. 6-378. When branding unlawful. 

6-365. Wife or minor may have individual 6-379. Certificate as evidence of ownership 

brand. of livestock. 

6-366. Application for adoption of brand. 6-380. Brand records. 

6-367. Issue of certificate for brand. 6-381. Rules and regulations. 

6-368. Certificate to be recorded. 6-3S2. Penalties. 

Article 2. 
Livestock Trespassing or Running at Large. 
§ 6-311. Domestic animals not to be permitted to run at large. 

As to proof of negligence where cattle see lohnson v. Atlantic Coast Line R. Co., 
running at large were killed by a train, 217 S. C. 190, 60 S. E. (2d) 226 (1950). 

§ 6-312. Same ; local exception in Berkeley County. 

The suspensions provided above in this section shall continue until February 
15 1955. 

1953 (48) 163. 

Effect of amendment. — The amendment ary 15, 1955. The other paragraphs of the 
changed the termination date of the sus- section were not affected by the amend- 
pension from February 15, 1953 to Febru- ment and are therefore not set forth above. 

Article 3. 
Regulation of Stockyards, Dealers in Livestock, etc. 
§ 6-334. Inspection; grant and revocation of permit. 

Constitutionality. — The manner in which committee shall consist of seven persons, 

the livestock committee is appointed under four of whom are to be appointed by the 

this section does not constitute an invalid board of trustees of Clemson College 

delegation of legislative power. State v. and the other three to consist of the des- 

Tavlor, 223 S. C. 526, 77 S. E. (2d) 195 ignated officers of the Livestock Dealers 

(1953). Association. State v. Taylor, 223 S. C. 526, 

The intent of this section is that the 77 S. E. (2d) 195 (1953). 

§ 6-337. Facilities required and condition thereof. 

Quoted in State v. Taylor, 223 S. C. 526, 
77 S. E. (2d) 195 (1953). 

§ 6-339. Cattle to be tested for brucellosis. 

Stated in State v. Taylor, 223 S. C. 526, 
77 S. E. (2d) 195 (1953). 



* See §§ 6-413 and 6-413.1 as to when may restrict importation of livestock, livestock 
products and poultry. 

43 



§ 6-341 Code of Laws of South Carolina § 6-367 

§ 6-341. Swine to be inoculated against cholera. 

Stated in State v. Taylor, 223 S. C. 526, 
77 S. E. (2d) 195 (1953). 

§ 6-343. Infected or exposed animals. 

Quoted in State v. Taylor 223 S. C. 526, 
77 S. E. (2d) 195 (1953). 

§ 6-345. Rules and regulations. 

This section does not violate S. C. Cross reference.— For rules and regula- 

Const., Art. 3, § 1, by unlawfully attempt- tions promulgated under authority of this 

ing to delegate the law making authority section, see Rules and Regulations. Clem- 

of the legislature. State v. Taylor, 223 S. C. son Agricultural College, in Volume 7. 
526, 77 S. E. (2d) 195 (1953). 

§ 6-347. Penalties. 

Stated in State v. Taylor, 223 S. C. 526, 
77 S. E. (2d) 195 (1953). 

Article 4. 

Branding or Earmarking Livestock. 
§ 6-361. Definitions. 

The following words and phrases, as used in this article, shall have the follow- 
ing meanings, unless the context otherwise requires : 

(1) "Livestock" includes neat cattle, horses, mules, asses, hogs, sheep and 
goats ; and 

(2) "Owner" and "stock owner" mean any person who owns livestock. 
1952 (47) 2175. 

§ 6-362. Branding lawful. 

It is lawful to hrand livestock with the owner's brand in accordance with the 
provisions of this article. 

1952 (47) 2175. 

§ 6-363. Earmarking of livestock. 

In addition to, or as an alternative to, a brand, any person may have an ear- 
mark for marking livestock. All provisions of this article relating to brands shall 
applv to earmarks. 

1952 (47) 2175. 

§ 6-364. Only one brand permissible per person. 

No person shall have more than one brand. 
1952 (47) 2175. 

§ 6-365. Wife or minor may have individual brand. 

A wife who owns livestock separate from her husband or a minor who owns 
livestock separate from his father or guardian may have a brand. The father or 
guardian of any minor who has a brand shall be responsible for the proper use 
thereof. 

1952 (47) 2175. 

§ 6-366. Application for adoption of brand. 

Any person desiring to adopt any brand for branding livestock, which is not 
then the recorded brand of another, shall forward to the Secretary of State a 
facsimile of the desired brand together with a written application to adopt the 
brand. The application shall state where the brand will appear on the livestock. 
A fee of three dollars shall be enclosed with the application. 

1952 (47) 2175. 

§ 6-367. Issue of certificate for brand. 

Upon receipt of the application and the fee the Secretary of State shall register 
the brand and issue to the applicant a certificate showing that his brand has been 
registered, unless the brand is already registered as the brand of another or un- 

44 



§ 6-368 1954 Cumulative Supplement § 6-374 

less the brand would probably be mistaken for a brand already registered, in 
either of which cases the Secretary of State shall return the facsimile and the 
fee to the applicant. The certificate shall show on its face the brand which has 
been registered and the place where the brand will appear on the livestock. 
1952 (47) 2175. 

§ 6-368. Certificate to be recorded. 

Upon receipt of the certificate provided for in § 6-367 from the Secretary of 
State, the owner shall record the certificate with the clerk of court in every 
county in which he has livestock. For each recording the clerk shall receive 
a fee of one dollar. He shall record the brands in a book kept for the purpose 
and the book shall be open to inspection by the public. 

1952 (47) 2175. 

§ 6-369. Expiration of brands ; renewal. 

On July 1 1962 and on July first of every tenth year thereafter the registra- 
tion, certification, and recording provided for in §§ 6-366 to 6-368 shall expire. 
But upon application filed within six months prior to the expiration of any term, 
the registration may be renewed for another term. Applications for renewal 
shall be accompanied by the same fee as is required for original applications. A 
certificate as provided for in § 6-367 shall be issued upon each renewal and the 
certificate shall again be recorded and the fee paid to the clerk of court as pro- 
vided for in § 6-368. 

1952 (47) 2175. 

§ 6-370. Notice of necessity of renewal. 

The Secretary of State shall notify registrants under this article of the neces- 
sity of renewal within the six months next preceding the expiration of registra- 
tion by writing to the last known address of each registrant. The notice shall 
state that if the owner fails to renew the registration of his brand it will be de- 
clared abandoned and allowed to other applicants. 

1952 (47) 2175. 

§ 6-371. Failure to renew amounts to abandonment. 

Failure to renew the registration of a brand as provided in § 6-369 shall con- 
stitute an abandonment of the brand. 
1952 (47) 2175. 

§ 6-372. Abandoned brands may be allowed to others. 

Any brand which has been abandoned may be allowed to other applicants after 
the lapse of six months from the expiration of registration. But the Secretary 
of State may allow any abandoned brand to the former owner at any time before 
the brand is allowed to another. 

1952 (47) 2175. 

§ 6-373. Transfers of certificates. 

Any brand registered under the terms of this article may be conveyed to another 
by an instrument in writing, in duplicate, duly executed, but the conveyance shall 
not be complete until the instrument has been registered with the Secretary of 
State. Upon registration of the instrument and payment of a fee of three dol- 
lars the Secretary of State shall issue to the purchaser, in his name, a new cer- 
tificate for the remainder of the term of registration. The certificate shall be re- 
corded and the fee shall be paid, as provided in § 6-368. 

1952 (47) 2175. 

§ 6-374. Cancelation of registration. 

The Secretary of State shall cancel the registration of any brand : 
( 1 ) At the written request of the owner ; 

45 



§ 6-375 Code; of Laws of South Carolina § 6-379 

(2) Upon failure to renew the registration in accordance with the terms of 
this article ; or 

(3) Upon the order of any court of competent jurisdiction. 
1952 (47) 2175. 

§ 6-375. Revocation of registration. 

The registration of any brand granted under this article may be revoked by 
the order of any court in this State upon a showing of improper use of the brand. 
1952 (47) 2175. 

§ 6-376. When livestock branded. 

If livestock are branded by the owner, they shall be branded as follows : neat 
cattle, horses, mules and asses shall be branded before they are twelve months 
old ; hogs, sheep and goats shall be branded before they are six months old. The 
ages specified herein shall not apply to livestock which have passed those ages 
at the time they are acquired by the owner or at the time the owner is granted 
a brand under this article. But all such livestock, if branded by the owner, shall 
be branded within one month after they are acquired by the owner or the time 
the owner is granted a brand under this article. 

1952 (47) 2175. 

§ 6-377. Branding of livestock purchased or acquired. 

If any owner who purchases or acquires livestock from another brands the 
livestock with his own brand, he shall do so in the presence of at least two disin- 
terested parties. The disinterested parties shall certify in writing that they 
witnessed the branding of the livestock. The certificate shall also state : where 
the branding occurred ; with what brand, if any, the livestock were previously 
branded ; and with what brand the livestock were branded or rebranded. The 
certificate shall be retained by the owner. It shall be unlawful to brand any 
livestock purchased or acquired from another other than in the manner required 
by this section. 

1952 (47) 2175. 

§ 6-378. When branding unlawful. 

It is unlawful for any person to brand, or to cause to be branded, any livestock: 

(1) With any brand unless it has been registered with and certified by the 
Secretary of State as his brand and has been recorded with the clerk of court 
in each county in which such person has livestock; 

(2) With any brand which is registered, certified and recorded as the brand 
of another ; or 

(3) With any brand which has been abandoned or the registration of which 
has been cancelled, unless the brand has thereafter been granted to him. 

1952 (47) 2175. 

§ 6-379. Certificate as evidence of ownership of livestock. 

In any criminal or civil action in which title to livestock is involved or proper 
to be proved, the certificate provided for in § 6-367 shall, when recorded as 
provided for in § 6-368, be prima facie evidence of ownership of any livestock 
bearing the brand shown on the face of the certificate. When livestock is brought 
into this State from another state or territory in transit beyond the boundaries 
of this State, a copy of a brand granted or held in the other state or territory, 
when certified to by the proper officer in that state, shall be received in evidence 
under the same circumstances and shall have the same effect as a certificate issued 
under the provisions of this article. 

1952 (47) 2175. 

46 



§ 6-380 1954 Cumulative; Supplement § 6-410 

§ 6-380. Brand records. 

The Secretary of State shall keep an accurate record of all brands registered 
under the terms of this article and the names and addresses of the owners of 
the brands. These records shall be open to inspection by the public. 

1952 (47) 2175. 

§ 6-381. Rules and regulations. 

The Secretary of State may promulgate rules and regulations which, in his 
judgment, may be necessary or proper to supplement or clarify the provisions 
of this article. The violation of any rule or regulation made and promulgated 
hereunder shall constitute a violation of this article. 

1952 (47) 2175. 

§ 6-382. Penalties. 

Any person convicted of a violation of this article shall be punished by a fine 
of not less than fifty dollars nor more than five hundred dollars or by imprison- 
ment for not less than thirty days nor more than one year or by both such fine and 
imprisonment. 

1952 (47) 2175. 

CHAPTER 5. 

Sanitary and Health Provisions. 

Article 1. Article 6. 

General Provisions. Feeding Garbage to Swine. 

Sec. Sec. 

6-405. Regulations on outbreak of foot and 6-501 to 6-509. [Repealed.] 

mouth disease, vesicular exan- 6-510. Definitions, 

thema or rinderpest. 6-511. Application of Article. 

6-410. Funds in case of certain epidemics. 6-512. Permit required to feed garbage to 
6-413. When restrict importation of live- swine. 

stock, livestock products and 6-513. Application for permit, 

poultry. 6-514. Revocation or refusal of permit. 

6-413.1. Quarantine against importation of 6-515. Garbage must be heated. 

slaughtered pork from contagi- 6-516. Care of garbage feeding premises. 

ous disease areas. 6-517. Inspection of premises; records. 

6-518. Hogs prohibited on garbage dumps. 

Article 2. _ 6-519. Sale of raw garbage consuming hogs. 

Remedies in Case of Infection. 5.520. Administration and enforcement. 

6-425. Treatment or distruction of diseased 6-521. Penalties; injunctions. 

animals. 
6-433. Appraisal of animals condemned for 
certain diseases. 

Article 1. 
General Provisions. 
§ 6-401. Clemson to investigate diseases of domestic animals, etc. 

Cited in State v. Taylor (S. C), 77 S. 
E. (2d) 195 (1953). 

§ 6-405. Regulations on outbreak of foot and mouth disease, vesicular ex- 
anthema or rinderpest. 

The board of trustees of The Clemson Agricultural College of South Carolina 
and the State Veterinarian may make specific regulations in case of an outbreak 
of foot and mouth diseases, vesicular exanthema or rinderpest. 

1942 Code § 5806-39; 1932 Code § 5756; Civ. C. '22 § 2851; 1919 (31) 241; 1953 (48) 
243. 

Effect of amendment. — The amendment 
added "vesicular exanthema or rinderpest" 
to the scope of the section. 

§ 6-410. Funds in case of certain epidemics. 

Whenever the State Veterinarian shall certify to the Governor that an outbreak 
of foot and mouth disease, vesicular exanthema or rinderpest has occurred within 

47 



§ 6-413 Code; of Laws of South Carolina § 6-425 

the bounds of the State, the Governor may execute a note or notes in the name 
of the State, countersigned by the Comptroller General and the State Treasurer, 
and may raise sufficient funds in that manner to be used in the eradication of the 
diseases. Such sum of money shall be placed in the State Treasury and be drawn 
on by warrants, issued by the proper officers of The Clemson Agricultural College 
of South Carolina in the usual manner that such warrants are issued, and shall be 
paid by the State Treasurer in the same manner. Such sum of money shall be used 
for the payment for destroyed animals, for the employment of additional help by 
the authorities of the College and for such other expenses as in the discretion of 
the board of trustees of the College may be necessary and incident to the eradica- 
tion of the diseases. 

1942 Code § 5806-40; 1932 Code § 5757; Civ. C. '22 § 2852; 1919 (31) 241; 1953 (48) 
243. 

Effect of amendment. — The amendment 
added vesicular exanthema and rinderpest 
to the scope of the section. 

§ 6-413. When restrict importation of livestock, livestock products and poul- 
try. 

When any State, in the absence of a general quarantine, places an embargo or 
other restrictions on the importation of livestock, livestock products or poultry 
from this State, the Department shall forthwith impose a like restriction against 
the importation of livestock, livestock products or poultry from the State declaring 
the embargo or other restrictions which shall remain in force so long as the em- 
bargo or other restrictions declared by the other State remains in effect. 

1954 (48) 1710. 

§ 6-413.1. Quarantine against importation of slaughtered pork from con- 
tagious disease areas. 

Whenever it comes to the attention of the department, either officially or other- 
wise, that V. E. or any other contagious disease is prevalent in any section of the 
United States, the department shall impose a quarantine against the importation 
into this State of any slaughtered pork of the particular area affected by the quaran- 
tine. This shall not apply to meat slaughtered prior to outbreak of the V. E. disease 
in that area. 

1954 (48) 1710. 

Article 2. 

Remedies in Case of Infection. 

§ 6-425. Treatment or destruction of diseased animals. 

When two or more reputable citizens of any county in this State shall notify 
the Veterinarian that any animals, including poultry and domesticated fowls of 
every kind, in their county are affected with a contagious disease, the tendency 
of which is to cause the death of such animals, including the diseases commonly 
known as "foot and mouth disease," "vesicular exanthema," and "rinderpest," he 
shall investigate the same or cause an investigation thereof to be made. For such 
purpose he or any assistant of his shall have the right to go upon any premises 
on which such affected animals are or are supposed to be. The Veterinarian may 
treat such affected animals, at the expense of the owner of the same, or he may 
cause the same to be destroyed, under such rules and regulations as may be pre- 
scribed by the board of trustees of The Clemson Agricultural College of South 
Carolina. Except as otherwise expressly provided no compensation shall be paid 
to the owner of any animals destroyed under the provisions of this section. 

1942 Code §§ 5749, 5750; 1932 Code §§ 5749, 5750; Civ. C. '22 § 2845; Civ. C. '12 § 
1905; Civ. C. '02 § 1318; 1901 (23) 737; 1953 (48) 243. 

Effect of amendment. — The amendment 
added vesicular exanthema and rinderpest 
to the scope of the section. 

48 



§ 6-433 1954 Cumulative; Supplement § 6-513 

§ 6-433. Appraisal of animals condemned for certain diseases. 

Should an outbreak of any of the diseases which are commonly known as "foot 
and mouth disease," 'Vesicular exanthema" or "rinderpest" occur, the value to be 
placed on animals condemned and destroyed on account of being affected with, or 
having been exposed to, any of such diseases shall be fixed as follows : The method 
of appraising such value shall be in accordance with the regulations provided by 
the United States Department of Agriculture and upon such appraisal being made 
the State shall pay one-half of the amount at which such livestock is valued, upon 
a warrant approved by the State Veterinarian and drawn by the proper authorities 
of The Clemson Agricultural College of South Carolina to the Comptroller General, 
who shall issue his warrant on the State Treasurer for such amount, the same to 
be paid as provided in § 6-410. 

1942 Code §§ 5806-37, 5806-38; 1932 Code §§ 5754, 5755; Civ. C. '22 §§ 2849, 2850; 
1919 (31) 241; 1953 (48) 243. 

Effect of amendment. — The amendment 
added vesicular exanthema and rinderpest 
to the scope of the section. 

Article 5. 
Importation of Livestock. 
§ 6-491. Imported livestock to be accompanied by health certificate. 

Cross reference. — As to further restric- 
tion on importation of livestock, livestock 
products and poultry, see §§ 6-413 et seq. 

Article 6. 

Feeding Garbage to Swine. 

§§ 6-501 to 6-509. Garbage defined; penalties. 
Repealed by A. & J. R. 1954 (48) 1710. 
Cross reference. — See now §§ 6-510 et seq. 

§ 6-510. Definitions. 

(1) "Garbage" regardless of previous processing means any animal or vegetable 
wastes resulting from handling, preparation, cooking and consumption of foods, in- 
cluding parts of animal carcasses, offal or contents of offal. 

(2) "Person" means State, any municipality, political subdivision, institution, 
public or private corporation, individual, partnership or any other entity. 

(3) A "garbage dump" is a place or area where ordinary household garbage is 
disposed of from two or more families. 

1954 (48) 1710. 

§ 6-511. Application of article. 

This article shall not apply to any person who feeds only his own household gar- 
bage to swine, except that no person shall sell or offer for sale any hogs which 
have consumed any raw garbage within thirty days of sale, but in case of such sale 
no permit shall be required as provided elsewhere herein. 

1954 (48) 1710. 

Cross reference. — See § 6-519. 

§ 6-512. Permit required to feed garbage to swine. 

No person shall feed garbage to swine from more than two families or places 
without first securing a permit therefor from the livestock sanitary department of 
The Clemson Agricultural College of South Carolina or the county agricultural 
agent. 

1954 (48) 1710. 

§ 6-513. Application for permit. 

Any person desiring to obtain a permit to feed garbage to swine shall make 
written application therefor to the department or the county agricultural agent 

49 



§ 6-514 Code of Laws of 1 South Carolina § 6-521 

in accordance with requirements promulgated under authority of the board of 
trustees of the College. 
1954 (48) 1710. 

§ 6-514. Revocation or refusal of permit. 

Upon determination that any person having a permit issued under this article, 
or who has applied for a permit hereunder, has violated or failed to comply with 
any of the provisions of this article, or any of the rules and regulations promul- 
gated hereunder, the department may revoke such permit or refuse to issue a 
permit to an applicant therefor. 

1954 (48) 1710. 

§ 6-515. Garbage must be heated. 

All garbage regardless of previous processing before it reaches the garbage feed- 
ing establishment or farm shall, before being fed to swine, be thoroughly heated 
to at least 212° F. (boiling temperature) for at least thirty minutes. 

1954 (48) 1710. 

§ 6-516. Care of garbage feeding premises. 

Premises on which garbage feeding is permitted under this article must be kept 
free of collection of unused garbage and waste material in order that proper sani- 
tation and rat and fly control measures can be practiced as a further means of 
prevention of spread of disease in either animal or human health. 

1954 (48) 1710. 

§ 6-517. Inspection of premises; records. 

Any authorized representative of the department may enter at reasonable times 
upon any private or public property for the purpose of inspecting and investigating 
conditions relating to the heating of garbage to be fed to swine as required by this 
article. And any such representative may examine any records or memoranda per- 
taining to the feeding of garbage to swine. The department may require mainte- 
nance of records relating to the operation of equipment for and procedure of 
treating garbage to be fed to swine. Copies of such records shall be submitted to 
the department on request. 

1954 (48) 1710. 

§ 6-518. Hogs prohibited on garbage dumps. 

No person shall permit hogs on anv garbage dump. 
1954 (48) 1710. 

§ 6-519. Sale of raw garbage consuming hogs. 

It shall be unlawful for anyone to sell or offer for sale hogs which have con- 
sumed any raw garbage within a period of thirty days prior to date of sale. 
1954 (48) 1710. 
Cross reference. — See § 6-511. 

§ 6-520. Administration and enforcement. 

The department shall administer and enforce the provisions of this article and 
may make and enforce all rules and regulations which the department may deem 
necessary to carry out the purposes of this article. 

1954 (48) 1710. 

§ 6-521. Penalties; injunctions. 

Any person who shall violate any of the provisions of, or who fails to perform 
any duty imposed by, this article, or who violates any rule or regulation pro- 
mulgated hereunder shall be guilty of a misdemeanor, and upon conviction thereof, 
shall be fined not more than one hundred dollars nor less than twenty-five dollars 
or imprisoned not to exceed thirty days. In addition thereto, such person may 
be enjoined from continuing such violation. Each day upon which such violation oc- 
curs shall constitute a separate violation. 

1954 (48) 1710. 

50 



§ 7-5 1954 Cumulative Supplement § 7-406 

Title 7. 
Appeals. 

CHAPTER 1. 
General Provisions. 
§ 7-5. Appeal from verdicts prior to judgment. 

Applied in McCants v. West Virginia 
Pulp, etc., Co., 223 S. C. 467, 76 S. E. (2d) 
614 (1953). 

§ 7-6. Notice of appeal stays execution of sentence. 

Section inapplicable to suspension of South Carolina State Highway Dept., 224 
driver's license under § 46-348.— Parker v. S. C. 263, 78 S. E. (2d) 382 (1953). 

§ 7-8. When bail allowed. 

Supreme Court can grant bail in any bond in any case and can grant bail, in its 

case. — Supreme Court has power to issue discretion, where sentence exceeds ten 

writs and orders referred to in Art. 5, Sec. years, notwithstanding limitations of this 

4, of Constitution, and Legislature has no section. State v. Whitener, .... S. C , 81 

power to take away powers specifically S. E. (2d) 784 (1954). 

granted to court by Constitution, and Su- Cited in Maxey v. Manning, 224 S. C. 

preme Court has inherent power to set 320, 78 S. E. (2d) 633 (1953). 

§ 7-12. Review of intermediate orders affecting judgment. 

Applied in Johnson v. Abney Mills, 219 

5. C. 231, 64 S. E. (2d) 641 (1951). 

§ 7-16. Definition of real property. 

Cited in McDonald v. Welborn, 220 S. 
C. 10, 66 S. E. (2d) 327 (1951). 

CHAPTER 4. 
Appeals to Circuit Courts in Other Cases. 

Article 1. 

Generally. 
§ 7-317. Judgment on appeal. 

Stated in North Augusta v. Fennell, 221 
S. C. 112, 69 S. E. (2d) 121 (1952). 

CHAPTER 5. 

Appeals to Supreme Court. 
§ 7-401. In what cases. 

Cited in State v. Cottingham, 224 S. C. 
181, 77 S. E. (2d) 897 (1953). 

§ 7-405. Notice of intent to appeal. 

I. IN GENERAL. In accord with paragraph under this 

Cited in Ex parte Orr, 110 F. Supp. 153 catchline in Code. See McCants v. West 
(1952). Virginia Pulp, etc., Co., 223 S. C. 467, 76 

II. NOTICE OF INTENTION S. E. (2d) 614 (1953). 

TO APPEAL. 
The failure to show entry of a judgment 
is not so essential, etc. 

§ 7-406. Case and exceptions ; objections ; settlement. 

III. SERVICE. compensation case was properly dismissed 

Where notice of appeal served before for failure to serve a proposed case and 

formal entry of judgment. — An appeal exceptions within 30 days after service of 

from an order of the court of common notice of appeal, notwithstanding that there 

pleas dismissing exceptions to the Indus- was no formal entry of judgment on the 

trial Commission's award in a workmen's order, since § 72-357 does not require en-- 

51 



§ 7-409 Code of Laws of South Carolina § 8-3 

try of judgment by counsel in compensa- able under § 7-5. McCants v. West Vir- 

tion cases, and, if the order should be ginia Pulp, etc., Co., 223 S. C. 467, 76 S. E. 

likened to a verdict, it was at once appeal- (2d) 614 (1953). 

§ 7-409. Waiver by failure to perfect appeal. 

Four days' notice of motion to dismiss (2d) 897 (1953). 
is sufficient. — Four days' notice of motion Sufficiency of proof that appeal not per- 

to dismiss an appeal for failure to perfect fected. — See State v. Cottingham, 224 S. C. 

it, which is the usual practice, is sufficient. 181, 77 S. E. (2d) 897 (1953). 
State v. Cottingham, 224 S. C. 181, 77 S. E. 

§ 7-416. How judgment to execute conveyance stayed. 

Cited in Purdy v. Moise, 223 S. C. 298, 
75 S. E. (2d) 605 (1953). 

§ 7-422. When notice of appeal stays proceedings below. 

An appeal from an intermediate or in- as a stockholder in the corporation. John- 

terlocutory order does not divest the trial son v. Brandon Corp., 221 S. C. 160, 69 

court of jurisdiction to proceed in matters S. E. (2d) 594 (1952). 

not involved in the appeal. Johnson v. Effect of failure to make or perfect ap- 

Brandon Corp., 221 S. C. 160, 69 S. E. (2d) peal from order overruling demurrer. — It 

594 (1952). is true that an interlocutory appeal may 

An appeal from an order denying plain- be taken to the Supreme Court from an 

tiff stockholder the right to pre-trial ex- order overruling a demurrer, but the fail- 

amination of defendant corporation's presi- ure to make or perfect such an appeal does 

dent stayed the proceedings in the court not affect the right of the Supreme Court 

below only in so far as they involved the to review the matter in connection with 

order appealed from, and did not preclude an appeal from the final judgment. Crotts 

the court below from hearing defendant's v. Fletcher Motor Co., 219 S. C. 204, 64 

motion to dismiss the action upon the S. E. (2d) 540 (1951). 
ground that plaintiff had lost her status 

§ 7-425. Printing of testimony. 

Printing of testimony necessary for con- the lower court committed no error in di- 

sideration of respondent's additional sus- recting that the entire trial proceedings, 

taining grounds. — Where the Supreme testimony and evidence be printed by ap- 

Court could not have considered several pellant as the transcript of record. Her- 

issues raised under the additional sustain- ring v. Lawrence Warehouse Co., 222 S. 

ing grounds of respondent without the C. 226, 72 S. E. (2d) 453 (1952). 
benefit of the testimony taken on the trial, 



Title 8. 

Banking, Commercial Paper and Finance. 

Chap. 2. State Board of Bank Control, §§ 8-52 to 8-62. 
3. Banks and Banking, §§ 8-131 to 8-237. 

5. Banks Doing a Safe Deposit or Trust Company Business, §5 8-571 to 

8-580. 
5.1. Safe Deposit Boxes, §§ 8-591 to 8-600.3. 

6. Building and Loan Associations, Etc., § 8-606. 

7. Cooperative Credit Unions, §§ 8-701 to 8-727. 

CHAPTER 1. 
Money and Interest. 
§ 8-3. Maximum interest rates; exceptions. 

I. GENERAL CONSIDERATION. 
Applied in Anderson v. Purvis, 220 S. 
C. 259, 67 S. E. (2d) 80 (1951). 



52 



§ 8-5 1954 Cumulative Supplement § 8-61 

§ 8-5. Usury. 

I. DEFINITIONS AND GENERAL price charged is in fact fixed for the pur- 

CONSIDERATION. chase of goods on credit with no intention 

The courts will not hesitate to pierce or purpose of defeating the usury laws, 

the veil of any plan designed to evade the although the difference between the cash 

usury law and in doing so will disregard price and the credit price, if considered as 

the form and consider the substance of interest, amounts to more than the legal 

the transaction. Brown v. Crandall, 218 S. rate. But when the sale is in fact at an 

C. 124, 61 S. E. (2d) 761 (1950). agreed cash price, and the form of sale on 

III. APPLICATION OF SECTION. credit is resorted to for the purpose of 

Usury cannot be predicated upon the evading the statute against usury, the trans- 
fact that property is sold on credit at a action will be deemed usurious. Brown v. 
higher price than would be charged if sold Crandall, 218 S. C. 124, 61 S. E. (2d) 761 
for cash, so long as it appears that the (1950). 

CHAPTER 2. 

State Board of Bank Control. 

Sec. Sec. 

8-52. Appointment of members. 8-61. Initiation of criminal prosecution. 

8-59. [Repealed.] 8-62. Penalties for obstructing examiners. 

§ 8-52. Appointment of members. 

The State Board of Bank Control shall be composed of five members, one of 
whom shall be the State Treasurer as an ex-officio member, who shall be chair- 
man. The remaining four members shall be appointed by the Governor. Two shall 
be engaged in commercial banking and recommended by the State Bankers' As- 
sociation, one shall be engaged in the building and loan association business and 
recommended by the State Savings and Loan League and one shall be in the cash 
depositories business and recommended by the representatives of the cash deposi- 
tories affiliated with the State Bankers' Association. 

1942 Code § 7829; 1936 (39) 1484; 1953 (48) 357. 

Effect of amendment. — Formerly the Nor does it violate the federal Constitu- 

representative of the building and loan tion and anti-trust laws. — The requirement 
association business was recommended by of this section that appointments be made 
the State Bankers' Association instead of by the Governor upon the recommendation 
the State Savings and Loan League. of the State Bankers' Association and the 

This section is not unconstitutional as cash depositories associated with the State 
an illegal delegation of legislative power. Bankers' Association does not render this 
Floyd v. Thornton, 220 S. C. 414, 68 S. E. chapter violative of the federal Constitu- 
(2d) 334 (1951). tion and anti-trust laws. Floyd v. Gage, 192 

F. (2d) 137 (1951). 

§ 8-57. Approval of charters of banks and building and loan associations; 
branch banks. 

This section is constitutional and effec- 
tive in all respects. Floyd v. Thornton, 
220 S. C. 414, 68 S. E. (2d) 334 (1951). 

§ 8-59. Compensation of chief examiner and assistants. 

Repealed by A. & J. R. 1953 (48) 357. 

§ 8-61. Initiation of criminal prosecution. 

The report shall be considered by the Board at its next meeting and should the 
Board conclude that the matters covered in such report of the chief examiner do 
constitute an apparent violation of existing statutes or rules or regulations of the 
Board, then the Board may direct the chief examiner to file a detailed written 
report of such apparent criminal violations of existing statutes or rules or regu- 
lations with the grand jury for the county in which the apparent criminal viola- 
tions were committed, or direct him to make affidavit before a magistrate and ob- 
tain a warrant. The Board may direct the chief examiner to file a copy of the de- 
tailed w r ritten report of the apparent criminal violations with the solicitor for the 

53 



§ 8-62 Code of Laws of South Carolina § 8-154 

judicial circuit in which the county in which the apparent criminal violations were 
committed is located. 

1942 Code § 7829-12; 1937 (40) 219; 1953 (48) 357. 

Effect of amendment. — The latter por- correct obvious mechanical errors in the 
tion of the section has been rewritten to section as printed in the 1952 Code. 

§ 8-62. Penalties for obstructing examiners. 

Any person who obstructs or interferes with the chief examiner or any of his 
assistants or agents in any way in performance of his duties, shall, upon convic- 
tion, be deemed guilty of a misdemeanor, and shall be subject to imprisonment 
for not more than one year, or a fine of not more than one thousand dollars, or both, 
in the discretion of the court. 

1942 Code § 7874-4; 1941 (42) 46; 1953 (48) 357. 

Effect of amendment. — The latter por- correct obvious mechanical errors in the 
tion of the section has been rewritten to section as printed in the 1952 Code. 

CHAPTER 3. 

Banks and Banking. 

Article 3. Article 6. 

Certain Powers. Deposits. 

Sec. 8-178. Penalty; jurisdiction of magistrate. 

8-131. General powers of banking corpora- 
tion. Article 9. 

Article 4. Loans and Investments. 

Capital and Capital Stock. 8-237. Investment in farm loan bonds; ac- 

8-145. Capital and Surplus required for countability for interest thereon. 

branch banks. 
8-154. Earnings set aside for surplus; re- 
serve against deposit. 

Article 3. 
Certain Powers. 

§ 8-131. General powers of banking corporation. 

* * * 

( 1 ) Receive and pay out the lawful currency of the country ; 

1953 (48) 357. 

Effect of amendment. — The amendment tion was affected by the amendment and 
eliminated the word "of" which formerly consequently the other paragraphs are not 
appeared between the words "out" and set forth above, 
"the." Only subparagraph (1) of the sec- 

Articlf 4. 
Capital and Surplus Stoek. 

§ 8-145. Capital and surplus required for branch banks. 

For each branch bank that is established the parent bank must have subscribed 
and paid in a total unimpaired capital of at least twenty-five thousand dollars above 
the minimum requirements set forth in § 8-144 and at least the amount of capital 
stock and surplus that would be required of the parent and all of its branches if 
each were an independent bank. 

1942 Code §§ 7831, 7832; 1932 Code §§ 7835, 7836; 1926 (34) 953; 1928 (35) 1301; 1930 
(36) 1353; 1936 (39) 1484; 1953 (48) 357. 

Effect of amendment. — The amendment 
substituted the word "in" for the word "it" 
after the word "paid." 

§ 8-154. Earnings set aside for surplus ; reserve against deposit. 

Every bank or banking institution shall set aside to its surplus account not less 
than one-tenth of its annual net earnings each year until its surplus shall be equal 
to at least twenty-five per cent of its capital stock. It shall also retain and maintain 

54 



§ 8-171 1954 Cumulative Supplement § 8-237 

at all times, either in cash or as cash in banks, three per cent of its time deposits 
and seven per cent of its checking deposits. Cash items of longer standing than ten 
days may not constitute a part of such reserve to be so set aside. The State Board 
of Bank Control shall enforce the provisions of this section. 

1942 Code § 7844; 1932 Code § 7863; Civ. C. '22 § 3993; Civ. C. '12 § 2655; 1909 (26) 
81; 1923 (33) 159; 1933 (38) 296; 1936 (39) 1484; 1953 (48) 357. 

Effect of amendment. — The amendment word "earnings" in the next to the last 
substituted the word "reserve" for the sentence. 

Article 6. 
Deposits. 
§ 8-171. Payment of deposits made in name of two persons. 

Cited in Davis v. Davis, 223 S. C. 182, ston, 224 S. C. 445, 79 S. E. (2d) 714 
75 S. E. (2d) 46 (1953); Hawkins v. Thack- (1954). 

§ 8-176. Drawing- and uttering- fraudulent check. 

Applied in State v. Jenkins, 222 S. C. 
359, 72 S. E. (2d) 829 (1952). 

§ 8-178. Penalty; jurisdiction of magistrate. 

Any person so convicted shall be punished by a fine or imprisonment, in the 
discretion of the court. If the amount of the check, draft or order be less than 
seventy-five dollars, the offense may be triable in a magistrate's court. 

1942 Code § 1167; 1932 Code § 1167; Cr. C. '22 § 60; Cr. C. '12 § 208; 1909 (26) 21; 
1914 (28) 489; 1923 (33) 120; 1954 (48) 1444. 

Effect of amendment. — Amendment in- twenty dollars to less than seventy-five 
creased amount of check from less than dollars triable in magistrate's court. 

Article 9. 

Loans and Investments. 

§ 8-237. Investment in farm loan bonds ; accountability for interest thereon. 

Any savings bank, banking institution or trust company organized under the 
laws of this State may invest in or lend money on the security of Federal farm 
loan bonds issued by any Federal land bank pursuant to the Federal Farm Loan 
Act as amended, bonds issued by the Federal Farm Mortgage Corporation pur- 
suant to the provisions of an act of Congress known as the "Federal Farm Mort- 
gage Corporation Act," Federal Intermediate Credit Bank debentures issued pur- 
suant to the Federal Farm Loan Act as amended and debentures issued by the 
Central Bank for Cooperatives organized under the Farm Credit Act of 1933. No 
such savings bank, banking institution or trust company organized under the laws 
of this State shall account for a greater rate of interest than the amount actually 
received on such investment. 

1942 Code § 9049; 1932 Code § 9049; Civ. C. '22 § 5461; 1918 (30) 163; 1919 (31) 133; 
1934 (38) 1493; 1952 (47) 1893. 

Effect of amendment. — The amendment debentures and debentures issued by the 
added to the classes of permissible invest- Central Bank for Cooperatives, 
ments Federal Intermediate Credit Bank 



55 



§ 8-571 Code; of Laws of South Carolina § 8-594 

CHAPTER 5. 

Banks Doing a Safe Deposit or Trust Company Business. 

Article 1. 
Banks Doing a Safe Deposit Business. 

Sec. 

8-571 to 8-580. [Repealed.] 

Article 1. 

Banks Doing a Safe Deposit Business. 

§§ 8-571 to 8-580. Banks doing a safe deposit business. 

Repealed by A. & J. R. 1952 (47) 1932. 

Editor's note. — For new legislation on 
the subject of safe deposit boxes, see 
Chapter 5.1, §§ 8-591 to 8-600.3. 

CHAPTER 5.1. 

Safe Deposit Boxes. 

Sec. Sec. 

8-591. Definitions. 8-597. Opening box when rental one year 

8-592. Leasing of boxes and acceptance of in default. 

property for safekeeping author- 8-598. Notary's certificate. 

ized. 8-599. Disposition of contents. 

8-593. Leases to minors. 8-600. Sale of contents unclaimed for two 
8-594. Access to box of fiduciary. years. 

8-595. Refusal of access because of adverse 8-600.1. Disposition of proceeds of sale. 

claim. 8-600.2. Disposition of private documents 
8-596. Removal of property of a decedent of no apparent value. 

prior to qualification of personal 8-600.3. Illegal use of words "safe deposit" 

representative. or "safety deposit". 

§ 8-591. Definitions. 

As used in this chapter : 

(1) "Lessee" means a person contracting with a lessor for the use of a safe 
deposit box ; 

(2) "Lessor" means a bank, cash depository or trust company renting safe de- 
posit facilities authorized by law to operate in this State ; 

(3) "Safe deposit box" means a safe deposit box, vault or other safe deposit 
receptacle maintained by a lessor and the rules relating thereto apply to property 
or documents kept in safekeeping in the bank's vault. 

1952 (47) 1932. 

§ 8-592. Leasing of boxes and acceptance of property for safekeeping au- 
thorized. 

Subject to the provisions of this chapter, any bank, cash depository or trust 
company may maintain and lease safe deposit boxes and may accept property or 
documents for safekeeping. 

1952 (47) 1932. 

§ 8-593. Leases to minors. 

A bank may lease a safe deposit box to, and in connection therewith deal with 
a minor with the same effect as if leasing to and dealing with a person of full legal 
capacity. 

1952 (47) 1932. 

§ 8-594. Access to box of fiduciary. 

When a safe deposit box is made available by a lessor to one or more persons 
acting as fiduciaries, the lessor may, except as otherwise expressly provided in the 
lease or the writings pursuant to which such fiduciaries are acting, allow access 
thereto as follows : 

(1) By any one or more of the persons acting as executors or administrators; 

56 



§ 8-595 1954 Cumulative Supplement § 8-597 

(2) By any one or more of the persons otherwise acting as fiduciaries when au- 
thorized in writing signed by all other persons so acting ; and 

(3) By any agent authorized in writing signed by all of the persons acting as 
fiduciaries. 

1952 (47) 1932. 

§ 8-595. Refusal of access because of adverse claim. 

An adverse claim to the contents of a safe deposit box or to property held in 
safekeeping is not sufficient to require the lessor to deny access to its lessee unless : 

(1) The lessor is directed to do so by a court order issued by a court of com- 
petent jurisdiction; or 

(2) The safe deposit box is leased or the property is held in the name of a 
lessee with the addition of words indicating that the contents or property are held 
in a fiduciary capacity and the adverse claim is supported by a written statement 
of facts disclosing that it is made by or on behalf of a beneficiary and that there is 
reason to know that the fiduciary will misappropriate the trust property. 

A claim is also an adverse claim when (a) one of several lessees claims, contrary 
to the terms of the lease, an exclusive right of access, (b) one or more persons 
claim a right of access as agents or officers of a lessee to the exclusion of others 
as agents or officers or (c) it is claimed that a lessee is the same person as one 
using another name. 

1952 (47) 1932. 

§ 8-596. Removal of property of a decedent prior to qualification of personal 
representative. 

A lessor shall permit a person named in a court order for the purpose or, if no 
order has been served upon the lessor, the spouse, a parent, an adult descendant 
or a person named as an executor in a copy of a purported will produced by him 
to open and examine the contents of a safe deposit box leased by a decedent or 
any documents delivered by a decedent for safekeeping in the presence of an of- 
ficer, manager or assistant manager of the lessor. And the lessor, if so requested by 
such person, must deliver : 

(1) Any writing purporting to be a will of the decedent to the executor if one 
be therein named and otherwise to the court having jurisdiction of the decedent's 
estate ; 

(2) Any writing purporting to be a deed to a burial plot or to give burial in- 
structions to the person making the request for a search ; and 

(3) Any document purporting to be an insurance policy on the life of the de- 
cedent to the beneficiary named therein. 

No other contents shall be removed pursuant to this section until an executor or 
administrator qualifies and makes claim to the contents. 

The removal of the contents of any safe deposit box or deposit for safekeeping 
other than such as hereinabove permitted shall remain subject to §§ 65-504 to 
65-505 of the Code of Laws of South Carolina, 1952. 

1952 (47) 1932. 

§ 8-597. Opening box when rental one year in default. 

If the rental due on a safe deposit box has not been paid for one year, the lessor 
may send a notice by registered mail to the last known address of the lessee stat- 
ing that the safe deposit box will be opened and its contents stored at the expense 
of the lessee unless payment of the rental is made within thirty days. If the rental 
is not paid within thirty days from the mailing of the notice, the box may be 
opened in the presence of an officer, manager or assistant manager of the lessor and 
of a notary public who is not a director, officer, employee or stockholder of the 
lessor. 

1952 (47) 1932. 

57 



§ 8-598 Code of Laws of South Carolina § 8-600.3 

§ 8-598. Notary's certificate. 

The notary public present at such opening shall execute a certificate reciting 
the name of the lessee, the date of the opening of the box and a list of its con- 
tents. The certificate shall be included in the package mentioned in § 8-599 and 
a copy of the certificate shall be sent by registered mail to the last known address 
of the lessee. 

1952 (47) 1932. 

§ 8-599. Disposition of contents. 

The contents of any box so opened shall be sealed in a package by the notary 
public who shall write on the outside the name of the lessee and the date of the 
opening. The package shall then be placed in the general vaults of the lessor at 
a rental not exceeding the rental previously charged for the box. 

1952 (47) 1932. 

§ 8-600. Sale of contents unclaimed for two years. 

If the contents of the safe deposit box have not been claimed within two years 
of the mailing of the certificate, the lessor may send a further notice to the last 
known address of the lessee stating that, unless the accumulated charges are paid 
within thirty days, the contents of the box will be sold at public auction at a spe- 
cified time and place or, in the case of securities listed on a stock exchange, will 
be sold upon the exchange on or after a specified date and that unsalable items 
will be destroyed. The time, place and manner of sale shall also be posted con- 
spicuously on the premises of the lessor and advertised once seven days prior to 
the sale in a newspaper of general circulation in the community. If the articles 
are not claimed and the accrued rent and disbursements of lessor paid, they may 
then be sold in accordance with the notice. 

1952 (47) 1932. 

§ 8-600.1. Disposition of proceeds of sale. 

The balance of the proceeds, after deducting accumulated charges, including the 
expense of advertising and conducting the sale, shall be deposited to the credit of 
the lessee in any account maintained by him or, if none, shall be deemed a deposit 
account with the bank, cash depository or trust company operating the safe de- 
posit facility and shall be identified on the books of the bank as arising from the 
sale of contents of a safe deposit box. 

1952 (47) 1932. 

§ 8-600.2. Disposition of private documents of no apparent value. 

Any documents or writings of a private nature, having little or no apparent 
value, need not be offered for sale, but shall be retained, unless claimed by the 
owner, for a period of two years after which they may be destroyed. 

1952 (47) 1932. 

§ 8-600.3. Illegal use of words "safe deposit" or "safety deposit." 

It is a criminal offense against this chapter were any person to use the words 
"safe deposit" , "safety deposit" or other words deceptively similar thereto in con- 
nection with the rental of storage space or in the title or name under which busi- 
ness was done except (1) a person subject to the jurisdiction of the State Board 
of Bank Control, (2) a manufacturer or dealer in safe deposit facilities or equip- 
ment or (3) an association the membership of which is composed of officers or 
institutions subject to the jurisdiction of the State Board of Bank Control or a 
similar agency of another state or of the United States. 

1952 (47) 1932. 

58 



§ 8-602 



1954 Cumulative Supplement 



8-702 



Sec. 

8-606. Powers with respect to 
Home Loan Bank Act 



CHAPTER 6. 
Building and Loan Associations, etc. 

Federal 



§ 8-602. Shares issued to two persons. 
Joint deposit owned by survivor. — In 

action for judgment that niece was owner 
of a joint deposit, where uncle made deposit 
in federal savings and loan association, and 
passbook was in name of uncle or niece, 
after which uncle died, it was clear under 
the evidence that it was the contractual 
intent of all concerned in the transaction 
that the survivor of the joint depositors 
should take the balance of the deposit re- 
maining at the time of the death of the 
other, and the agreement had the sanction 

§ 8-603.1. Loans on real estate and other security. 

Editor's note. — Catchline enlarged to in- 
clude other security. 

§ 8-606. Powers with respect to Federal Home Loan Bank Act. 

(4) Invest in the bonds of any Federal home loan bank; 

1953 (48) 357. 

Effect of amendment. — The amendment the section was affected by the amend- 
substituted t he word "bonds" for the ment, only that subdivision is set forth 
word "banks." As only subdivision (4) of above. 



of the statute, although the latter is not 
conclusive of the rights existing between 
the depositors or their representatives. Of 
course, as recognized by the trial judge, 
another case of joint deposit might disclose 
facts which would negative the intent of 
survivorship which has been found here. 
Hawkins v. Thackston, 224 S. C. 445, 79 
S. E. (2d) 714 (1954). 

Cited in Davis v. Davis, 223 S. C. 182, 
75 S. E. (2d) 46 (1953). 



CHAPTER 7. 
Cooperative Credit Unions. 



Sec. Sec. 

8-701. "Cooperative credit union" defined. 8-716. 

8-702. Certificate of incorporation. 8-717. 
8-703. Bylaws. 

8-704. Powers. 8-718. 

8-705. Meetings of members. 8-719. 

8-706. Directors, credit committee and su- 8-720. 

pervision committee. 8-721. 

8-707. Oath and terms of office of direc- 8-722. 

tors and committeemen. 

8-708. Executive officers. 8-723. 
8-709. Pay of officers and committeemen. 

8-710. Powers of board. 8-724. 

8-711. Approval of loans. 8-725. 
8-712. Powers of supervision committee. 

8-713. Capital stock. 8-726. 

8-714. Entrance fee. 8-727. 
8-715. Shares and deposits of minors and 

trustees. 

§ 8-701. "Cooperative credit union" defined. 

In this chapter the words "cooperative credit union" shall mean a cooperative 
association formed for the purpose of promoting thrift among its members and 
to enable them, when in need, to obtain for productive and provident purposes 
moderate loans of money for short periods and at reasonable rates of interest. 

1952 (47) 1950. 

§ 8-702. Certificate of incorporation. 

Ten or more citizens of this State, all employees of the same employer, who 
have associated themselves by an agreement in writing for the purpose of forming 

59 



Expulsion of members. 

Settlement with member withdraw- 
ing or expelled. 

Fiscal year. 

Investments. 

Payment of loans. 

Guaranty fund. 

Supervision committee report prior 
to considering dividend payment. 

Declaration and payment of divi- 
dends. 

Dissolution. 

Commissioner of Labor to supervise 
credit unions. 

Reports. 

Use of words "cooperative credit 
union" restricted. 



§ 8-703 Code of Laws of South Carolina § 8-705 

a cooperative credit union under the provisions of this chapter may apply to the 
Commissioner of Labor for a certificate certifying that he is satisfied that the 
proposed field of operation is favorable to the success of such cooperative credit 
union and that the standing of the proposed members is such as to give reasonable 
assurance that its affairs will be administered in accordance with the spirit of this 
chapter. When the Commissioner of Labor is so satisfied he shall issue such a 
certificate. Upon the filing of such certificate in the office of the Secretary of State 
and the payment to him of a charter fee of three dollars, the Secretary of State 
shall thereupon issue to such cooperative credit union a certificate of incorporation. 
1952 (47) 1950. 

§ 8-703. Bylaws. 

The bylaws of each cooperative credit union shall prescribe : 

( 1 ) The name of the credit union ; 

(2) The purposes for which it is formed; 

(3) The conditions of residence or occupation which qualify persons for mem- 

bership ; 

(4) The par value of shares of capital stock; 

(5) The conditions on which shares may be paid in, transferred and with- 

drawn ; 

(6) The system for encouraging members to increase their holdings of shares; 

(7) The conditions on which deposits may be received and withdrawn; 

(8) The method of receipting for money paid on account of shares or deposits ; 

(9) The number of directors and their term of office and the number of mem- 

bers of the credit committee and their term of office ; 

(10) The duties of the several officers ; 

(11) The fines, if any, which shall be charged for failure to meet obligations 

to the corporation punctually; 

(12) The date of the annual meeting of members; 

(13) The manner in which the members shall be notified of the meetings; 

(14) The number of members which shall constitute a quorum at meetings; and 

(15) Such other regulations as may seem necessary. 
1952 (47) 1950. 

§ 8-704. Powers. 

A cooperative credit union may receive the savings of its members in payment 
for shares or on deposit, may lend to its members at reasonable rates of interest, 
not to exceed one per cent per month on unpaid loan balances, may invest, as 
hereinafter provided the funds so accumulated and make loans of them to its mem- 
bers, may borrow from banks, savings banks, trust companies or other credit unions 
or persons and loan such money to its members and may undertake such other 
activities relating to the purposes of the association as its bylaws may authorize. 

1952 (47) 1950. 

§ 8-705. Meetings of members. 

The annual meeting of the credit union shall be held at such time and place as 
the bylaws prescribe. Special meetings may be held by order of the directors or the 
supervision committee and the clerk shall give notice of special meetings upon re- 
quest, in writing, of ten members. Notice of all meetings of the credit union shall 
be given in the manner prescribed by the bylaws. No person shall be entitled to 
vote who has not been a member for more than three months, but this restriction 
shall not apply during the first twelve months of existence of the credit union. No 
member shall vote by proxy or have more than one vote. At the annual meeting 
the members shall, upon recommendation of the board of directors, declare divi- 
dends and fix the amount of the entrance fee. At any meeting the members may 
decide upon any question of interest to the credit union and upon the appeal of two 
members may reverse decisions of the credit committee or board of directors and, 

60 



§ 8-706 1954 Cumulative Supplement § 8-710 

by a three-fourths vote of those present, provided the notice of the meeting shall 
have specified the question to be considered, may amend the bylaws. 
1952 (47) 1950. 

§ 8-706. Directors, credit committee and supervision committee. 

At the annual meeting the members shall elect from their members a board of 
directors of not less than five members, a credit committee of not less than three 
members and a supervision committee of three members. The method of election 
and length of term of the members of the board of directors, credit committee and 
supervision committee shall be as specified in the by-laws. No member of the 
board of directors shall be a member of the credit committee or of the supervision 
committee, nor shall one person be a member of more than one of the committees. 

1952 (47) 1950. 

§ 8-707. Oath and terms of office of directors and committeemen. 

All directors and all members of the committees, as well as all officers whom 
they may elect, shall be sworn and shall hold their several offices until others are 
elected and qualified in their stead. A record of every such qualification shall be 
filed and preserved with the records of the credit union. 

1952 (47) 1950. 

§ 8-708. Executive officers. 

At its first meeting the board of directors shall elect from their number a pres- 
ident, a vice-president, a clerk and a treasurer, who shall be the executive officers 
of the corporation. 

1952 (47) 1950. 

§ 8-709. Pay of officers and committeemen. 

No officer, director or credit committee member shall receive any compensation, 
directly or indirectly, for the services he performs for the cedit union as such 
officer, director or credit committee member, except the treasurer, who may be 
compensated for his services in the amount and in the way and manner provided 
for by the board of directors. 

1952 (47) 1950. 

§ 8-710. Powers of board. 

The board of directors shall have the general management of the affairs, the 
funds and the records of the credit union and shall meet as often as may be neces- 
sary. It shall be the special duty of the board of directors : 

(1) To act upon all applications for membership; 

(2) To act upon the expulsion of members; 

(3) To fix the amount of the surety bond which shall be required of each officer 

having custody of funds ; 

(4) To determine the rate of interest which shall be allowed on deposits ; 

( 5 ) To determine the rate of interest which shall be charged on loans ; 

(6) To fill vacancies on the board of directors or on the credit committee of 

the credit union, until the election and the qualification of members to 
fill the vacancies ; 

(7) To make recommendations to meetings of the members relative to the 

amount of the entrance fee ; the maximum number of shares which may 
be held, and the maximum amount which may be lent to, any one 
member ; the dividend to be declared ; amendments to the bylaws ; and 
any other matters which, in their opinion, the members should decide ; 
and 

(8) To approve applications for loans to members of the credit committee. 
1952 (47) 1950. 

61 



§ 8-711 Code; of Laws op South Carolina § 8-716 

§ 8-711. Approval of loans. 

The credit committee shall approve every loan or advance made by the credit 
union. Every application for a loan shall be made in writing and shall state the 
purpose for which the loan is desired and the security offered. No loan shall be 
made unless (a) the credit committee is satisfied that it promises to benefit the 
borrower and (b) it has the unanimous approval of those members of the com- 
mittee who were present when it was considered or (c) if any member of the 
committee shall disapprove thereof. But the applicant for a loan may appeal from 
the decision of the credit committee to the board of directors. Loans to members 
of the credit committee shall be approved by the board of directors. 

1952 (47) 1950. 

§ 8-712. Powers of supervision committee. 

The supervision committee shall inspect the securities, the cash and the accounts 
of the credit union and supervise the acts of its board of directors, credit com- 
mittee and officers. At any time the supervision committee by unanimous vote may 
suspend the credit committee or any officer elected by the board of directors and 
by a majority vote may call a meeting of the shareholders to consider any viola- 
tion of this chapter or of the bylaws or any practice of the credit union which, in the 
opinion of the supervision committee, is unsafe and unauthorized. Within seven 
days after suspension of the credit committee the supervision committee shall cause 
notice to be given of a special meeting to take such action relative to such suspen- 
sion as may seem necessary. The supervision committee shall fill vacancies in 
their own number until the next annual meeting. 

1952 (47) 1950. 

§ 8-713. Capital stock. 

The capital stock of the credit union shall be unlimited in amount. Shares of 
capital stock may be subscribed and paid for in such manner as the bylaws shall 
prescribe, but no certificate of shares shall be issued until the shares have been 
fully paid up. The par value of each share of the capital stock shall be five dollars. 

1952 (47) 1950. 

§ 8-714. Entrance fee. 

As an initial payment for the privilege of membership, each member shall pay 
an entrance fee of at least one dollar, besides subscribing for not less than one share 
of capital stock. 

1952 (47) 1950. 

§ 8-715. Shares and deposits of minors and trustees. 

Shares may be issued and deposits received in the name of a minor and such 
shares and deposits may, in the discretion of the board of directors, be withdrawn 
by such minor or by his parent or guardian and in either case payments made 
on such withdrawals shall be valid. If shares are held or deposits made in trust, 
the name and residence of the beneficiary shall be disclosed and the account shall 
be kept in the name of such holder as trustee for such minor. If no other notice 
of the existence and the terms of such trust has been given in writing to the credit 
union, such shares or deposits may, upon the death of the trustee, be withdrawn 
by the person for whom the amount of such shares was paid in or for whom such 
deposit was made or by his legal representative. 

1952 (47) 1950. 

§ 8-716. Expulsion of members. 

The board of directors may expel from the credit union any member (a) who 
has not carried out his engagements with the credit union, (b) who has been 
convicted of a criminal offense, (c) who neglects or refuses to comply with the 
provisions of this chapter or the bylaws of the credit union, (d) whose private 
life is a source of scandal, (e) who habitually neglects to pay his debts, (f) 

62 



§ 8-717 1954 Cumulative Supplement § 8-722 

who shall become insolvent or bankrupt or (g) who shall have deceived the 
credit union with regard to his property, resources, credit or use of borrowed 
money. But no member shall be so expelled until he has been informed in writ- 
ing of the charges against him and until an opportunity has been given him, after 
reasonable notice, to be heard thereon. 
1952 (47) 1950. 

§ 8-717. Settlement with member withdrawing or expelled. 

The amounts paid in on shares or deposited by members who have withdrawn 
or who have been expelled shall be paid to them, less all accrued interest and 
other gains or profits, but in order of withdrawal or expulsion and only as funds 
therefor become available and after deducting any amounts due by the members 
to the credit union. But such expulsion shall not operate to relieve a member 
from any remaining liability to the credit union. 

1952 (47) 1950. 

§ 8-718. Fiscal year. 

The fiscal year of every such cooperative credit union shall end at the close 
of business on December thirty-first. 

1952 (47) 1950. 

§ 8-719. Investments. 

The capital, the deposits and the surplus funds of the credit union shall be 
either lent to the members for such purposes and upon such security and terms 
as the credit committee shall approve or be deposited to the credit of the credit 
union in savings banks, trust companies, State banks incorporated under the 
laws of this State. National banks or other credit unions or invested in any in- 
vestment which is legal for savings banks in this State. 

1952 (47) 1950. 

§ 8-720. Payment of loans. 

A borrower may repay the whole or any part of his loan on any day on which 
the office of the credit union is open for the transaction of business. For the 
failure to pay the interest or any installment required by the terms of the loan, 
the borrower may be fined if the bylaws so prescribe. 

1952 (47) 1950. 

§ 8-721. Guaranty fund. 

Immediately before the payment of each dividend there shall be set apart as a 
guaranty fund twenty per cent of the net income which has accumulated during 
the fiscal year. Such fund and the investments shall belong to the credit union 
and shall be held to meet contingencies or losses in its business. All entrance 
fees shall be added at once to the guaranty fund. Upon recommendation of the 
board of directors the members at an annual meeting may increase and, when- 
ever the fund equals ten per cent of the amount of capital stock actually paid 
in, may decrease the proportion of profits which is required by this section to 
be set apart as a guaranty fund. 

1952 (47) 1950. 

§ 8-722. Supervision committee report prior to considering dividend payment. 

Immediately before a meeting of the board of directors called to recommend 
the declaration of a dividend, the supervision committee shall make a thorough 
audit of the repairs, the disbursements, the income, the assets and the liabilities 
of the credit union for the fiscal year and shall make a full report thereon to 
the directors. The report shall be read at the annual meeting and shall be filed 
and preserved with the records of the credit union. 

1952 (47) 1950. 

63 



§ 8-723 Code of Laws op South Carolina § 8-726 

§ 8-723. Declaration and payment of dividends. 

At the annual meeting upon recommendation of the board of directors a divi- 
dend may be declared from undivided surplus remaining after the deduction of 
all expenses, losses, interest on deposits and the amount required to be set apart 
as a guaranty fund. Such dividend shall be paid on all fully-paid shares outstand- 
ing at the close of the fiscal year, but shares which become fully paid during the 
year shall be entitled only to a proportional part of the dividend, calculated from 
the first day of the month following such payment in full. Dividends due to a 
member shall be paid to him in cash or credited to the account of partly-paid 
shares for which he has subscribed. 

1952 (47) 1950. 

§ 8-724. Dissolution. 

At any meeting specially called to consider the subject, the members, upon the 
unanimous recommendation of the board of directors, may vote to dissolve the 
credit union, provided at least two-thirds of the members are present at such 
meeting and provided not more than ten members, either in person or by writ- 
ten notice, object thereto. A committee of three members shall thereupon be 
elected to liquidate the assets of the credit union and each share of the capital 
stock, according to the amount paid in thereon, shall be entitled to its propor- 
tion of the proceeds after all deposits and debts of the credit union have been 
paid. 

1952 (47) 1950. 

§ 8-725. Commissioner of Labor to supervise credit unions. 

Every cooperative credit union organized under the provisions of this chapter 
shall be subject to the supervision of the Commissioner of Labor. The Com- 
missioner of Labor shall require such cooperative credit unions to keep such 
books as he may deem necessary for the proper conduct of their business. He 
shall make an examination and demand a sworn report by the officers of the 
transaction of such cooperative credit union's business and may institute neces- 
sary proceedings for the prosecution of any officer or directly misapplying the 
cooperative credit union's funds. The Commissioner of Labor may make rea- 
sonable rules and regulations for cooperative credit unions chartered by this State 
including the establishment of reasonable examination fees. The Commissioner 
of Labor may accept a report from a certified public accountant as to the financial 
affairs of a cooperative credit union in lieu of an examination by his representa- 
tive or representatives. 

1952 (47) 1950. 

§ 8-726. Reports. 

Within thirty-one days after the last business day of December in each year 
every cooperative credit union shall make a report to the Commissioner of Labor, 
in such form as the Commissioner of Labor may prescribe, signed by its presi- 
dent and its treasurer and by a majority of its supervision committee. Such 
report shall certify and make oath, that it is correct according to the best knowl- 
edge and belief of the president, the treasurer and the supervision committee of 
the cooperative credit union. Every cooperative credit union shall pay a filing 
fee of ten dollars at the time of filing the annual report provided by this section. 
Any cooperative credit union which neglects to make the annual report within 
the time prescribed shall forfeit to the State five dollars for each day during 
which such neglect continues unless the Commissioner of Labor for good and 
valid reasons has granted the cooperative credit union a reasonable extension of 
time. 

1952 (47) 1950. 

64 



§ 8-727 1954 Cumulative Supplement § 8-885 

§ 8-727. Use of words "cooperative credit union" restricted. 

No person, partnership, association or corporation, except corporations formed 
under the provisions of this chapter, shall hereafter transact business under any 
name or title which contains the three words "cooperative credit union", or any 
combination of two or more of those words, except those expressly authorized 
herein to be formed or any association or corporation composed of cooperative 
credit unions formed under the provisions of this chapter or under the Federal 
Credit Union Act. Any person, partnership, association or corporation which 
violates the provisions of this section may be enjoined from doing business under 
such name or title at the instance of any stockholder of any cooperative credit 
union legally organized under this chapter. 

1952 (47) 1950. 

CHAPTER 8. 
The Negotiable Instruments Law. 

Article 2. 
Form and Interpretation. 
§ 8-811. Form of negotiable instruments. 

The notation on a check "1941 Ford the check was given, the statement of the 

Coach" could not be construed to affect consideration of a note does not affect its 

the negotiable character of the instrument, negotiability. Bank of Fort Mill v. Rollins, 

for, even if it should be construed as a 217 S. C. 464, 61 S. E. (2d) 41 (1950). 
statement of the consideration for which 

§ 8-818. When payable on demand. 

A check in which no time for payment this section. Bank of Fort Mill v. Rollins, 
is stated is a demand instrument under 217 S. C. 464, 61 S. E. (2d) 41 (1950). 

Article 4. 
Negotiation. 
§ 8-855. Special endorsement; endorsement in blank. 

Endorsement of check without designat- under this section, "an instrument so en- 

ing endorsee. — Where check contained the dorsed is payable to bearer, and may be 

name of the payee written on the bank of negotiated by delivery". Bank of Mill v. 

it, without any designated endorsee, this Rollins, 217 S. C. 464, 61 S. E. (2d) 41 

constituted an endorsement in blank, and, (1950). 

Article 5. 
Rights of the Holder. 
§ 8-882. Who is holder in due course. 

Bank cashing check for payee held v. Rollins, 217 S. C. 464, 61 S. E. (2d) 41 
holder in due course. Bank of Fort Mill (1950). 

§ 8-883. When person not deemed holder in due course. 

Cashing check on day after issuance not which would, of itself, prevent plaintiff 

unreasonable delay. — Where plaintiff cashed from being a holder in due course. Bank 

check for payee on the day after its is- of Fort Mill v. Rollins, 217 S. C. 464, 61 

suance by defendant, there was no unrea- S. E. (2d) 41 (1950). 
sonable delay in negotiating the check 

§ 8-885. When title defective. 

For related case, see Thomas & Howard mortgage plaintiff would have defendants 

Co. v. Fowler, _... S. C. — ., 82 S. E. (2d) 454 closed up, was nothing more than threat 

(1954), in which it was held that statement that unless secured, plaintiff would resort 

by plaintiff's agent that unless defendants to legal proceedings to collect its account, 

secured their indebtedness to plaintiff by a and did not constitute duress. 

65 



§ 8-886 Code; of Laws of South Carolina § 9-16 

§ 8-886. What constitutes notice of infirmity. 

Quoted in Bank of Fort Mill v. Rollins, 
217 S. C. 464, 61 S. E. (2d) 41 (1950). 

§ 8-887. Rights of holder in due course. 

Bank cashing check for payee was a payment order was no defense. — Fact that 

holder in due course for value of the check check was subject to stop-payment in- 

and held same free of any defenses which structions by the maker could not avail 

the maker might have had against the the maker as a valid defense in action 

pavee. Bank of Fort Mill v. Rollins, 217 against him brought by bank which cashed 

S- C. 464, 61 S. E. (2d) 41 (1950). check for payee. Bank of Fort Mill v. Rol- 

And fact that check was subject to stop- lins, 217 S. C. 464, 61 S. E. (2d) 41 (1950). 

Article 6. 
Liability of Parties. 
§ 8-891. Contract of maker. 

The maker's liability on the instrument other parties to the paper, who in some 

is primary and unconditional until pay- form or other are entitled to have final 

ment. He remains the ultimate debtor, the recourse to him. Bank of Fort Mill v. Rol- 

person who ought to pay the debt, in pref- lins, 217 S. C. 464, 61 S. E. (2d) 41 (1950). 
erence to, and in exoneration of, all the 

Article 10. 
Form and Interpretation of Bills of Exchange. 
§ 8-981. Definition of bill of exchange. 

Quoted in Bank of Fort Mill v. Rollins, 
217 S. C. 464, 61 S. E. (2d) 41 (1950). 

Article 17. 
Promissory Notes and Checks. 
§ 8-1072. Definition of check. 

Applied in Bank of Fort Mill v. Rollins, 
217 S. C. 464, 61 S. E. (2d) 41 (1950). 



Title 9. 

Boards and Commissions. 

Chap. 1. Historical Commission, §§ 9-1 to 9-16. 
1.1. Archives, §§ 9-17 to 9-34. 

3. Reorganization Commission, § 9-206. 

4. Research, Planning and Development, §§ 9-302 to 9-310. 
7. Cemeteries, §§ 9-551 to 9-963. 



CHAPTER 1. 
Historical Commission. 



Sec. 

9-1 to 9-16. [Repealed.] 



§§ 9-1 to 9-16. Personnel; annual meeting and report. 

Repealed by A. & J. R. 1954 (48) 1752. 

Cross reference. — See now §§ 9-17 et 
seq. for new legislation on archives. 



66 



§ 9-17 1954 Cumulative Supplement § 9-20 

CHAPTER 1.1. 

Archives. 

Sec. Sec. 

9-17. Designation of chapter. 9-26. Archives Council. 

9-18. Objective and purpose of Department. 9-27. Rules and regulations; seal; gifts; 

9-19. Commission control Department; reports; policies. 

personnel. 9-28. Housing for records. 

9-20. Selection and appointment of non- 9-29. Availibility and protection of records; 

ex-officio members; terms; va- copies. 

cancy. 9-30. Commission publish certain informa- 
9-21. Chairman; vice-chairman; meetings. tion relating to public records. 

9-22. Expenses; per diem. 9-31. State records transfer to commission. 

9-23. Director; other staff members. 9-32. County records transfer to depart- 
9-24. Director not to do other work for merit. 

pay; furnish free information. 9-33. Acceptance of private records; public 
9-25. Director assist in preservation of examination. 

public records. 9-34. Destruction of records. 

§ 9-17. Designation of chapter. 

This chapter may be cited as the Archives Act. 
1954 (48) 1752. 

§ 9-18. Objectives and purposes of Department. 

The objectives and purposes of the South Carolina Archives Department shall be: 

(1) the preservation and administration of those public records that have al- 
ready been transferred to the custody of the Department and those that may be 
transferred and accepted by the Department in the future ; 

(2) the collection by purchase or otherwise of the originals or transcripts of 
public records in other States or counties relating to South Carolina; 

(3) the preservation and administration of the private records in the custody 
of the Department and those that may be added by deposit, gift or purchase in the 
future ; 

(4) the editing and publication of documents, treatises, and other papers relating 
to the history of South Carolina ; 

(5) the stimulation of research, study and other activity in the field of South 
Carolina history, genealogy and archaeology ; 

(6) the approval of the inscriptions for all historical markers or other monu- 
ments erected on State highways or other State property ; 

(7) the improvement of standards for the making, care and administration of 
public records ; and 

(8) the performance of such other acts and requirements as may be enjoined by 
law. 

1954 (48) 1752. 

§ 9-19. Commission Control Department ; personnel. 

The South Carolina Archives Department shall be under the control of the 
South Carolina Archives Commission, consisting of four ex-ofhcio members, the 
heads, respectively, of the departments of history of the University of South 
Carolina, The Citadel, the Military College of South Carolina, The Clemson 
Agricultural College of South Carolina and Winthrop College, the South Carolina 
College for Women and their successors in their respective offices and three non- 
ex-officio members selected and appointed as provided in § 9-20. 

1954 (48) 1752. 

§ 9-20. Selection and appointment of non-ex-officio members ; terms ; vacancy. 

The three non-ex-officio members shall be nominated, one by the South Carolina 
Historical Society, one by the American Legion, Department of South Carolina 
and one by the South Carolina Historical Association and appointed by the 
Governor. Each shall serve for a term of five years incumbents elected by the South 

67 



§ 9-21 Code; of Laws of South Carolina § 9-27 

Carolina Historical Society and the American Legion shall serve as members 
until June 30 1955. The incumbent representing the South Carolina Historical 
Association shall serve until June 30 1955. In case of a vacancy caused by the 
death or resignation of one of the three appointive members, the vacancy shall be 
filled for the unexpired term by that organization which nominated the member 
so vacating. 
1954 (48) 1752. 

§ 9-21. Chairman; Vice-Chairman ; Meetings. 

The Commission may elect its chairman and vice-chairman, who shall be chosen 
annually to serve during the fiscal year but who may serve for successive terms. 
The Commission shall hold at the office of the Commission at least one regular 
meeting during the year and as many special meetings as may be necessary. Special 
meetings may be called by the chairman or in his absence by the vice-chairman. 
Four members of the Commission shall constitute a quorum. 

1954 (48) 1752. 

§ 9-22. Expenses; per diem. 

All members of the Commission shall be reimbursed for expenses incurred in 
attending meetings and otherwise performing their duties under the direction of 
the Commission. The members who are not employed by the State shall receive 
the per diem paid by the State to members of boards and commissions during their 
attendance at meetings. 

1954 (48) 1752. 

§ 9-23. Director; other staff members. 

The Commission may elect an executive officer for the Department to be known 
as the Director and on recommendation of the Director appoint all other members of 
the staff. The active management and administration of the Department shall be 
committed to the Director, who at the time of his election must have the qualifica- 
tions of special training or experience in archival or historical work. 

1954 (48) 1752. 

§ 9-24. Director not to do other work for pay; furnish free information. 

The Director shall not do any additional work for pay. He shall furnish in- 
formation free to the citizens of the State. 
1954 (48) 1752. 

§ 9-25. Director assist in preservation of public records. 

Upon the request of any State or county official the Director shall examine the 
records in his custody and make recommendations regarding their preservation. 
1954 (48) 1752. 

§ 9-26. Archives Council. 

The South Carolina Archives Council shall consist of the Secretary of State, the 
Attorney General and the State Auditor, ex-officio. The Council shall aid and advise 
the Commission on all matters relating to the transfer of records from the agencies 
in which they were created to the custody of the Commission and more specifically 
act upon the recommendations of the Commission regarding the destruction of use- 
less records in accordance with the procedure prescribed in § 9-34. 

1954 (48) 1752. 

§ 9-27. Rules and regulations; seal; gifts; reports; policies. 

The Commission may : 

(1) make rules and regulations for its own government and the administration 
of the Department; 

(2) adopt a seal for use in official departmental business; control the ex- 
penditure in accordance with law of such public funds as may be appropriated to the 
Department ; 

68 



§ 9-28 1954 Cumulative Supplement § 9-33 

(3) accept gifts, bequests and endownments for purposes consistent with the 
objectives of the Department ; 

(4) make annual reports to the General Assembly of the receipts, disburse- 
ments, work and needs of the Department ; and 

(5) adopt policies designed to fulfill the duties and attain the objectives of the 
Department as established by law. 

1954 (48) 1752. 

§ 9-28. Housing for records. 

The records, both public and private, in the custody of the Commission shall 
be kept in a fireproof building, or buildings, assigned to it by the State. Until a 
more suitable building can be provided, the World War Memorial is designated 
the building for this purpose and is hereby placed under State maintenance. 

1954 (48) 1752. 

§ 9-29. Availability and protection of records; copies. 

The Commission shall cause all records committed to its custody for permanent 
preservation to be arranged and made available to the public, either in original 
form or copies, at reasonable times in the buildings assigned to it for the purpose. 
All restrictions on the use of confidential records imposed by law shall continue 
to apply. The records shall be protected against deterioration, mutilation, loss or 
destruction. The Director is the legal custodian of the records in the custody of the 
Commission. He shall upon demand of any person furnish certified copies of the 
records on payment in advance of fees as prescribed by law. Copies thus issued, 
when certified by the Director under the seal of the Department, shall have the 
same legal force and effect as if certified by their original custodian. 

1954 (48) 1752. 

§ 9-30. Commission publish certain information relating to public records. 

From time to time the Commission shall assemble and publish information re- 
garding paper, ink, filing, binding and any other matter that will be useful in im- 
proving the standards of making, caring for and administering public records. 

1954 (48) 1752. 

§ 9-31. State records transfer to Commission. 

Unless otherwise directed by law, all records of any State agency shall upon 
the termination of the existence and functions of that agency be transferred to the 
custody of the Commission. The head of any active State agency may transfer to 
the Commission such records as are not needed for the transaction of the current 
business of his office. Records from these various sources may be accepted by the 
Commission if they are of the type that should be permanently preserved and the 
necessary space is available in the buildings provided for the preservation of public 
records. 

1954 (48) 1752. 

§ 9-32. County records transfer to Department. 

Any county officer may with the consent of the county governing body and 
the county delegation in the General Assembly, transfer to the Department such 
records legally in his custody as are not needed for the transaction of the current 
business of his office. If in the opinion of the Commission the records so offered 
for transfer are of the type that should be permanently preserved, it may accept 
them, if necessary space is available in the buildings assigned to the Department. 

1954 (48) 1752. 

§ 9-33. Acceptance of private records; public examination. 

The Commission shall not solicit private records, but if its services are neces- 
sary to safeguard such records it may accept, either as a gift or deposit, collections 
offered by their legal owners or custodians. All such papers shall be open to inspec- 

69 



§ 9-34 Code of Laws of South Carolina § 9-302 

tion and examination for the purpose of research in like manner as are the public 
records. Neither the State nor the Commission shall be responsible for the loss 
of private records accepted for deposit. 
1954 (48) 1752. 

§ 9-34. Destruction of records. 

Any records now in the custody of the Department and any records of defunct 
State agencies transferred in the future to the Department in accordance with the 
provisions of § 9-31 that are found to have no significance, importance or value may 
be recommended for destruction by the Director. Any State officer may recom- 
mend for destruction any records in his custody that have no significance, im- 
portance, value or that he is not required by law to retain in his custody. All such 
recommendations shall be acted on by the Commission, and, if approved they shall 
be referred to the Council. The decision of the Council shall be final, and, if the 
recommendation is approved, the Council shall issue in writing a certificate au- 
thorizing the destruction of the records. An accurate descriptive list of the records 
so disposed of and a record of the disposal itself shall be filed and preserved by the 
Commission and by the department or agency in which the records originated. 

1954 (48) 1752. 

CHAPTER 3. 

Reorganization Commission. 
Sec. 
9-206. Composition of Commission. 

§ 9-206. Composition of Commission. 

The State Reorganization Commission shall be composed of thirteen members 
who shall serve for terms of two years, of whom one shall be the chairman of the 
ways and means committee of the House of Representatives, one shall be the 
chairman of the judiciary committee of the House of Representatives, three shall 
be members of the House of Representatives elected by the House of Representa- 
tives, one shall be the chairman of the finance committee of the Senate, one shall 
be the chairman of the judiciary committee of the Senate, three shall be members of 
the Senate elected by the Senate and three shall be appointed by the Governor, one 
of whom may be a member of the State Development Board or some other State 
board, who shall serve ex officio. In the case of a vacancy in the membership of 
the Commission it shall be filled in the manner of the original election or appoint- 
ment. 

1948 (45) 1643; 1954 (48) 1745. 

Effect of amendment. — The amendment 
changed Research, Planning and Develop- 
ment Board to State Development Board. 

CHAPTER 4. 
Research, Planning and Development. 

Sec. Sec. 

9-302. Definitions. 9-310. Additional duties formerly exercised 

9-304. Composition of board and term of by other Boards or Commis- 

office of members. sions. 

§ 9-302. Definitions. 

(3) The "Department" means the Department of Development; 

(4) The "Board" means the State Development Board; and 

(5) The "Director" means the Director of Development. 
1945 (44) 156; 1954 (48) 1745. 

Effect of amendment. — The amendment ning and Development Board to State 
changed Department of Research, Plan- Development Board. The section otherwise 
ning and Development to Department of remains effective. 
Development and State Research, Plan- 

70 



§ 9-304 1954 Cumulative Supplement § 9-551 

§ 9-304. Composition of Board and term of office of members. 

The Department of Development shall be governed by board consisting of five 
citizens of the state to be appointed by the Governor upon the advice and consent 
of the Senate. One member of the Board shall be a citizen of the first or second 
congressional district, one member shall be a citizen of the third or four con- 
gressional district, one member shall be a citizen of the fifth or sixth congressional 
district and the other two members shall be appointed from the State at large. The 
members of the Board having originally been appointed for terms of one, two, 
three, four and five years, respectively, the term of office of each member shall 
hereafter be for a period of five years. Any vacancies occurring during a term of 
office shall be filled in the same manner as the original appointment but shall be 
for the unexpired term. 

1945 (44) 156; 1954 (48) 1745. 

Effect of amendment. — The amendment ning and Development to Department of 
changed Department of Research, Plan- Development. 

§ 9-310. Additional duties formerly exercised by other Boards or Commis- 
sions. 

The former State Planning Board, State Board of Housing, Building Council 
of South Carolina, South Carolina Commerce Development Board, South Carolina 
Intra-Coastal Waterway Commission, South Carolina Board for Promotion of 
External Trade, and Natural Resources Commission having been abolished, the 
State Development Board shall have the following additional duties formerly im- 
posed on said boards, commissions and councils : 

1942 Code §§ 3272, 3442-4, 3442-22, 3442-35, 5271-3, 5271-10, 6031-1, 6734; 1932 Code 
§§ 3272, 6734; 1925 (34) 160; 1929 (36) 254; 1933 (38) 176, 478; 1934 (38) 1314; 1935 
(39) 120, 397; 1938 (40) 1612, 1902; 1940 (41) 1921; 1942 (42) 1680; 1945 (44) 156; 
1954 (48) 1745. 

Effect of amendment. — The amendment Board in the first paragraph. The section 
changed State Research, Planning and De- otherwise remains effective, 
velopment Board to State Development 

CHAPTER 7. 
Cemeteries.* 

Sec. Sec. 

9-551. Regulation of perpetual care ceme- 9-556. Refusal or renewal of licenses, 

teries necessary. 9-557. Maintenance of trust fund. 

9-552. Appointment and terms of State 9-558. Initial trust fund deposit required, 

cemetery Board. 9-559. Allocate portion of each sale to trust 

9-553. Compensation; meetings. fund. 

9-554. The Board may promulgate all 9-560. Cemeteries to display signs at en- 
necessary rules and regulations to trances, 

effectuate the purposes of this 9-561. Penalties. 

Chapter. 9-562. Cemeteries exempted. 

9-555. May require cemeteries selling per- 9-563. Invalidity, 
petual care lots to be licensed; 
audits. 

§ 9-551. Regulation of perpetual care cemeteries necessary. 

It is hereby to be necessary in the public interest that cemeteries or burial grounds 
advertising or selling "perpetual care" or "endowment care" in connection with the 
sale of cemetery lots or burial spaces be subject to sufficient regulation by the State 
to insure the establishment of sound business practices necessary to furnish the 
perpetual care or endownment care guaranteed. The need for establishing some 
regulation lies in the following facts found to be true : That there is no provision of 
law at the present time requiring the owner or operator of a perpetual care cemetery 
to establish any trust fund whatsoever, and unscrupulous operators can advertise 

* As to Municipal cemeteries see §§ 47-1401 et seq. 

71 



§ 9-552 Code of Laws of South Carolina § 9-559 

and sell perpetual care lots and spaces without making any provision for the future 
furnishing of such services. 
1954 (48) 1767. 

§ 9-552. Appointment and terms of State Cemetery Board. 

There is hereby created a State Cemetery Board, to consist of three members to 
be appointed by the Governor, for the purpose of administering the provisions of 
this chapter. The terms of office of the original appointive members shall expire on 
the first day of July of the years 1955, 1956 and 1957 and thereafter appointments 
shall be for a three year term. . 

1954 (48) 1767. 

§ 9-553. Compensation; meetings. 

The members of the Board shall serve without compensation. The Board shall 
meet at least once a year and shall be subject to the call of the chairman at other 
times. 

1954 (48) 1767. 

§ 9-554. Rules and regulations. 

The Board may promulgate all necessary rules and regulations to effectuate the 
purposes of this chapter. 
1954 (48) 1767. 

§ 9-555. May require cemeteries selling perpetual care lots to be licensed; 
audits. 

The Board may require that each cemetery selling perpetual care lots or grave 
spaces be licensed annually or biennially, and that a fee not exceeding twenty-five 
dollars be paid for each such license or renewal thereof. The board shall audit the 
books of each perpetual care cemetery at least once every two years, and more 
often if necessary, to insure that the cemetery is complying with the provisions of 
this chapter but the board may, in its discretion, accept the sworn statement of a 
certified public accountant as to what the books of the cemetery show with reference 
to its irrevocable trust fund, in lieu of the audit by the board itself. 

1954 (48) 1767. 

§ 9-556. Refusal or renewal of licenses. 

If the provisions of this chapter are not complied with, the Board may refuse to 
issue a license or renewal thereof to any cemetery. 
1954 (48) 1767. 

§ 9-557. Maintenance of trust fund. 

All cemeteries, whether operated for profit or otherwise, which advertise, hold 
out to the public or sell perpetual care or endowment care in connection with the 
sale or lease of burial lots or grave spaces shall establish and maintain with a State 
or national bank or trust company doing business in this State an irrevocable trust 
fund, the income only of such fund to be available to the cemetery in the furnishing 
of perpetual care. 

1954 (48) 1767. 

§ 9-558. Initial trust fund deposit required. 

In the case of any cemetery established after March 26 1954, which cemetery 
offers perpetual care or endowment care, an initial deposit of five thousand dollars 
shall be made to the trust fund referred to in § 9-557, and additions thereto shall 
be made as required by § 9-559, as lots or grave spaces are sold. 

1954 (48) 1767. 

§ 9-559. Allocate portion of each sale to trust fund. 

Whenever any cemetery lot or grave space, wherein perpetual care is promised or 
guaranteed, is sold by any cemetery, it shall, within ninety days after the lot or grave 

72 



§ 9-560 1954 Cumulative Supplement § 10-3 

space has been paid for, transmit to the trustee for addition to the trust fund re- 
ferred to in § 9-557, the sum of six dollars per grave space of ten per cent of the 
sales price, whichever is greater. 
1954 (48) 1767. 

§ 9-560. Cemeteries to display signs at entrances. 

All cemeteries in this State shall display a sign at each entrance, containing 
letters not less than six inches in height, stating "Perpetual Care", "Endowment 
Care", "No Perpetual Care" or "No Endowment Care", dependent upon whichever 
method of operation the cemetery is using. Those cemeteries which furnish per- 
petual care to some portions and no perpetual care to other portions shall display 
the aforesaid signs on the appropriate sections of the cemetery to which the sign 
refers. 

1954 (48) 1767. 

§ 9-561. Penalties. 

Violation of any of the provisions of this chapter shall constitute a misdemeanor 
and shall be punishable by a fine of one hundred dollars or imprisonment of thirty 
days, or both, for each violation. 

1954 (48) 1767. 

§ 9-562. Cemeteries exempted. 

The provisions of this chapter shall not apply to municipally owned cemeteries, 
eleemosynary cemeteries, church cemeteries or family burying grounds. 
1954 (48) 1767. 

§ 9-563. Invalidity. 

The provisions of this chapter shall be severable, and if any provision shall be held 
to be unconstitutional, the same shall not affect the validity of the remaining pro- 
visions. 

1954 (48) 1767. 



Title 10. 
Civil Remedies and Procedure. 

Chap. 2. Limitation of Civil Actions, §§ 10-145 to 10-150. 

3. Parties, §§ 10-231 to 10-238. 

4. Venue, § 10-303.11. 

5. Summonses, Orders of Publication and Service of Papers generally, 
§§ 10-436 to 10-437. 

7. Pleadings, § 10-610. 

14. Trial and Certain Incidents thereof, § 10-1210. 
18. Judgments and Decrees generally, § 10-1532. 
33. Remedies of Minors, Incompetents and Females, §§ 10-2584 to 10-2587. 

CHAPTER 1. 
General Provisions. 
§ 10-2. How time computed. 

Computing running of statute of limita- puted by "excluding the first day and in- 

tions. — Under this section, construed in eluding the last", and the day of the ac- 

connection with the South Carolina stat- crual of the cause of action is excluded in 

ute of limitations, the time within which computing the statutory period. Macri v. 

an action must be brought will be com- Flaherty, 115 F. Supp. 739 (1953). 

§ 10-3. Definition of real property. 

Cited in McDonald v. Welborn, 220 S. 
C. 10, 66 S. E. (2d) 327 (1951). 

73 



§ 10-9 Code of Laws of South Carolina § 10-124- 

§ 10-9. Definition of an action. 

Cited in Fordham v. Fordham (S. C), 
76 S. E. (2d) 299 (1953). 

CHAPTER 2. 

Limitation of Civil Actions. 
Article 3. Sec. 

Actions Other than for Recovery of 10-150. Actions by State. 

Realty. 
Sec. 
10-145. Two years. 

Article 1. 

General Provisions. 

§ 10-101. When action deemed commenced. 

An action is begun when process is lent to a similar request upon the sheriff 

lodged with the sheriff for service, etc. to perform a like service. Macri v. Fla- 

In accord with paragraph under this herty, 115 F. Supp. 739 (1953). 
catchline in Code. See Bell v. City of The delivery on December 23, 1952, of 

Anderson, Westbrook Advance Sheets, No. the summons and complaint and five copies 

16921, filed Oct. 2S, 1954. thereof, to the federal marshal with the in- 

Delivery to federal marshal is equiva- tent that they be actually served upon the 
lent to delivery to sheriff. — A federal mar- defendants and the subsequent service on 
shal is vested by federal statute with all the Chief Highway Commissioner on De- 
the powers which the sheriff has in the cember 30, 1952, was a compliance with 
state in which his district lies. Thus the this section, and the action was corn- 
delivery of the summons and complaint menced on December 23, 1952. Macri v. 
and five copies thereof to the marshal for Flaherty, 115 F. Supp. 739 (1953). 
service upon the defendants was equiva- 

§ 10-102. General rule as to time for commencement. 

Time of accrual of action, etc. (1953). 

The Supreme Court of South Carolina The day of the accrual of the cause of 

has held that the statute of limitations action is excluded in computing the stat- 

begins to run when the cause of action ac- utory period, under § 10-2, construed in 

crues and whenever there is a plaintiff connection with the South Carolina stat- 

who can sue, and a defendant who can be ute of limitations. Macri v. Flaherty, 115 

sued. Macri v. Flaherty, 115 F. Supp. 739 F. Supp. 739 (1953). 

§ 10-103. Exceptions; defendant out of State. 

Persons included in section. this rule will be applied by a federal 

The South Carolina Supreme Court has court, although the plaintiff, under § 10- 

held that this section applies not only to a 431, could have had the summons and 

resident of this State who has gotie abroad complaint served upon the Chief High- 

temporarily, and then returns, but also to way Commissioner. Macri v. Flaherty, 

one who has never been a resident, and 115 F. Supp. 739 (1953). 

§ 10-116. Clause in contract not in conformity to statute of limitations void. 

Cited in McCrary v. United States Fidel- 
ity, etc., Co., 110 F. Supp. 545 (1953). 

Article 2. 
Actions for Recovery of Real Property. 
§ 10-124. Action by individual for recovery of land. 

Cross reference. — As to adverse posses- (7), of § 10-143. McKinnon v. Summers, 

sion, see notes to § 10-2421. 224 S. C. 331, 79 S. E. (2d) 146 (1953). 

Cancellation of deeds for forgery. — Mortgagee's possession as such not ad- 

Where the gravamen of the cause of ac- verse. — Where mortgagee entered into pos- 

tion stated in the complaint was cancella- session of property and continued such 

tion of deeds on the ground of forgery, the possession as such, his holding would not 

action was not one for the recovery of be adverse until he distinctly disavowed and 

real property within the contemplation of repudiated his mortgagee relationship and 

this section, but was governed by subd notice thereof was brought home to the 

74 



10-128 



1954 Cumulative; Supplement 



10-145 



mortgagors, and neither this statute nor was brought home to the mortgagors, 

any other statute of limitations would com- Knight v. Hilton, 224 S. C. 452, 79 S. E. 

mence to run under the circumstances of (2d) 871 (1954). 
this case until notice of adverse possession 

§ 10-128. Persons under disability. 

Infancy of one cotenant delays running 
of statute against all. — See Adams v. 



Adams, 220 S. C. 131, 66 S. E. (2d) 809 
(1951). 



§ 10-129. After forty years, no action whatever allowed. 

Cited in Outlaw v. Moise, 222 S. C. 24, 
71 S. E. (2d) 509 (1952). 

Article; 3. 



Recovery of Realty. 



years prior to the death of decedent. Mc- 
Connell v. Crocker, 217 S. C. 334, 60 S. E. 
(2d) 673 (1950). 

VII. SUBSECTION (7). 
A. General Consideration. 

When statute begins to run. 

In accord with 1st paragraph under this 
catchline in Code. See McKinnon v. Sum- 
mers, 224 S. C. 331, 79 S. E. (2d) 146 
(1953). 

B. Application of Subsection. 

Cancellation of forged deed. 

In accord with paragraph under this 
catchline in Code. See McKinnon v. 
Summers, Westbrook Advance Sheets, 
Opinion No. 16801, filed Nov. 27, 1953. 

Where the gravamen of the cause of ac- 
tion stated in the complaint was cancella- 
tion of deeds on the ground of forgery, 
such cause of action was barred by the 
six-year limitation in this section govern- 
ing actions for relief on the ground of 
fraud. McKinnon v. Summers, 224 S. C. 
331, 79 S. E. (2d) 146 (1953). 



Actions Other than for 

§ 10-143. Six years. 

I. GENERAL CONSIDERATION. 
Last day for commencing action. — 

Where the personal injuries for which the 
plaintiff sought damages were received 
on December 23, 1946, the plaintiff had, as 
the last day, December 23, 1952, within 
which to commence her action. Macri v. 
Flaherty, 115 F. Supp. 739 (1953). 

This section not applicable to claims 
filed under authority of § 32-950.23. South 
Carolina Mental Health Coram, v. May, 
Westbrook Advance Sheets, No. 16915, filed 
Sept. 30, 1954; South Carolina Mental 
Health Comm. v. Smith, et al., Westbrook 
Advance Sheets, No. 16920, filed Oct. 28, 
1954. 

II. SUBSECTION (1). 
B. Application of Section. 

This section applies to claims for serv- 
ices to a decedent which were rendered 
without agreement that payment should 
be made at death or by will, and in an ac- 
tion to recover on an implied promise to 
pay for such services, no recovery may be 
had for services performed more than six 

§ 10-145. Two years. 

Within two years : 

(1) An action for libel, slander, assault, battery or false imprisonment; 

(2) An action upon a statute for a forfeiture or penalty to the State ; 

(3) An action at law by a motor carrier subject to chapter 13 of Title 58 for 
the recovery of its charges or any part thereof and such a cause of action shall 
for the purpose of this subdivision be deemed to accrue upon delivery or tender 
of delivery by the carrier ; and 

(4) An action at law for the recovery of overcharges against a motor carrier 
subject to chapter 13 of Title 58 and such a cause of action shall for the purpose 
of this subdivision be deemed to accrue at the time the charges are paid to the 
motor carrier. If a claim for the over charge has been presented in writing to 
the carrier within the two year period of limitation, the period shall be extended 
to include six months from the time notice in writing was given by the carrier 
to the claimant of disallowance of the claim or any part or parts thereof. The 
term "overcharges" as used in this section shall be deemed to mean charges for 
transportation services in excess of those applicable thereto under the tariffs law- 
fully on file with the Public Service Commission. 

1942 Code § 390; 1932 Code § 390; Civ. P. '22 § 333; Civ. P. '12 § 139; Civ. P. '02 
§ 114; 1870 (14) § 116; 1952 (47) 2170. 

Effect of amendment. — The amendment 
added subdivisions (3) and (4). 

75 



§ 10-150 



Code of Laws of South Carolina 



§ 10-205 



§ 10-150. Actions by State. 

The limitations prescribed by this article shall apply to actions brought in the 
name of the State or for its benefit in the same manner as to actions by private 
parties, except that limitations against claims for charges for care, training, main- 
tenance or treatment received by any patient or trainee from the State Hospital, 
any State training school or any State mental health facility shall commence to run 
against the State, its boards, commissions or agencies charged with the operation of 
the above institutions only from the last date upon which care, training, maintenance 
or treatment was furnished to any such patient or trainee. 

1942 Code § 396; 1932 Code § 396; Civ. P. '22 § 339; Civ. P. '12 § 145; Civ. P. '02 



§ 119; 1870 (14) § 121; 1954 (48) 1732. 

Effect of amendment. — The amendment 
added the word ''except" and all thereafter. 

Limitations in proper cases will run 
against the State, but such provisions must 



be strictly construed in favor of the State. 
South Carolina Mental Health Comra. v. 
May, Westbrook Advance Sheets, No. 
16915, filed Sept. 30, 1954. 



Article 2. 
Guardians Ad Litem. 



CHAPTER 3. 
Parties. 

Sec. 



Sec. 

10-231. Actions by and against infants and 
incompetents. 



10-236. How guardian ad litem for men- 
tally incompetent person ap- 
pointed. 

10-238. Compensation of guardian ad litem 
of mentally incompetent or im- 
prisoned person. 
Article 1. 



General Provisions. 



§ 10-203. Who may be defendant. 

I. GENERAL CONSIDERATION. 
Section liberally construed. 

In accord with 2nd paragraph under 
this catchline in Code. See South Caro- 
lina Elec. & Gas Co. v. Aetna Ins. Co., 
114 F. Supp. 79 (1953). 

The word "controversy" is used in a 
very broad sense, meaning the entire mat- 
ter before the court. South Carolina Elec. 
& Gas Co. v. Aetna Ins. Co., 114 F. Supp. 
79 (1953). 

This section is permissive, with power to 
bring in a person or persons interested in 
the controversy subject to discretion of the 
court, and should be read in conjunction 
with section 10-219, both of which have 
been liberally construed for purpose of 
bringing before court all parties who may 
be necessary to a complete determination 
or settlement of all questions involved, but 
a party should not be brought in when 
doing so has effect of overriding repeatedly 
declared legal rights and revoking well- 
recognized procedure. Trawick v. One 1952 



S. C. 



82 



International Pickup, etc., 
S. E. (2d) 275 (1954). 

Applied in Shonnard v. South Carolina 
Public Service Authority, 217 S. C. 458, 
60 S. E. (2d) 894 (1950). 

Cited in Crotts v. Fletcher Motor Co., 
219 S. C. 204, 64 S. E. (2d) 540 (1951). 

II. APPLICATION OF SECTION 

Plaintiff cannot be compelled to convert 
action in rem to one in personam. — Where 
plaintiff proceeded in rem in attachment 
against truck and owner of truck was per- 
mitted by circuit court to intervene and 
plaintiff required to amend complaint, court 
was correct in permitting owner to inter- 
vene but in error in requiring amendment 
of complaint, owner having interest in 
controversy adverse to plaintiff and privi- 
lege to set up rights to attached truck, but 
plaintiff had legal right to proceed in rem 
only and cannot be compelled to allege 
cause of action in personam. Trawick v. 
One 1952 International Pickup, etc., ~_ S. C. 
...., 82 S. E. (2d) 275 (1954). 



§ 10-204. When parties united in interest. 

Cited in Crotts v. Fletcher Motor Co., 
219 S. C. 204, 64 S. E. (2d) 540 (1951). 

§ 10-205. One or more may sue or defend for all. 

I. GENERAL CONSIDERATION. 
Cited in Crotts v. Fletcher Motor Co., 
219 S. C. 204, 64 S. E. (2d) 540 (1951). 

76 



§ 10-207 



1954 Cumulative; Supplement 



10-231 



§ 10-207. Party in interest to sue; action on by grantee of land held ad- 
versely. 



I. GENERAL CONSIDERATION. 

Ordinarily, a plaintiff must be a real 
party in interest. Johnson v. Abney Mills, 
219 S. C. 231, 64 S. E. (2d) 641 (1951). 

§ 10-209. Survival of right of action. 

The measure of damages under this sec- 
tion is for conscious pain and suffering. 
Folk v. United States, 102 F. Supp. 736 
(1952). 

Stated in Dubuque Fire & Marine Ins. 



Applied in Jeff Hunt Machinery Co. v. 
South Carolina State Highway Dept., 217 
S. C. 423, 60 S. E. (2d) 859 (1950). 



Co. v. Wilson, 213 F. (2d) 115 (1954). 

Applied in United States v. Folk, 199 
F. (2d) 889 (1952). 

Cited in American Casualty Co. v. 
Howard, 187 F. (2d) 322 (1951). 



§ 10-214. Foreign corporations as defendants. 

Cited in dissenting opinion Stukes, A. J., brook Advance Sheets, No. 16922, filed 

in Foster, Admx. v. Rulane Gas Co., West- Nov. 1, 1954. 

§ 10-219. New parties; interpleader. 

I. NEW PARTIES. In an action against a governmental 

A. General Consideration. agency to recover just compensation for 

This section has been liberally con- the alleged "taking" of property damaged 

strued. by the diversion of water from a river, 

Generally, the practice statutes are lib- reason enough existed for the impleading 
erally construed to authorize courts to of subsequent grantees of the property in 
bring before them all persons necessary the consideration that otherwise they 
to a complete determination of the mat- might thereafter sue the agency for the 
ters involved and to the granting of ap- same "taking" of the property which, ac- 
propriate relief to the end that substantial cording to the allegations of the corn- 
justice may be done. Brown v. Quinn, plaint, arose from continuing injuries to 



220 S. C. 426, 68 S. E. (2d) 326 (1951). 

This section has been liberally construed, 
etc. — In accord with paragraph under this 
catchline in Code. See Trawick v. One 1952 
International Pickup, etc., __ S. C. .... , 82 
S. E. (2d) 275 (1954). 

B. Application of Section. 

Additional parties brought in for pur- 
poses of defendant's counterclaim and 
cross action. — In an action arising out of 
a collision between plaintiff's automobile, 



it. Shonnard v. South Carolina Public 
Service Authority, 217 S. C. 458, 60 S. 
E. (2d) 894 (1950). 

Plaintiff cannot be compelled to convert 
action in rem to one in personam. — Where 
plaintiff proceeded in rem in attachment 
against truck and owner of truck was per- 
mitted by circuit court to intervene and 
plaintiff required to amend complaint, court 
was correct in permitting owner to inter- 
vene but in error in requiring amendment 



which was being operated by him as a of complaint, owner having interest in con- 
taxicab, and defendant's automobile, the troversy adverse to plaintiff and privilege to 
lower court properly passed an order mak- set up rights to attached truck, but plain- 
ing plaintiff's liability insurance carrier and tiff had legal right to proceed in rem only 
plaintiff's taxicab parties defendant, so and cannot be compelled to allege cause of 
that the defendant could file a counter- action in personam. Trawick v. One 1952 
claim and cross complaint or cross action International Pickup, etc., — . S. C. ... ., 82 
against the added defendants. Brown v. S. E. (2d) 275 (1954). 
Quinn, 220 S. C. 426, 68 S. E. (2d) 326 
(1951). 

Article 2. 

Guardians Ad Litem. 

§ 10-231. Actions by and against infants and incompetents. 

When an infant or mentally incompetent person, whether hospitalized or not, 
is a party he must appear by guardian ad litem who, in the case of an infant, 
may be appointed by the court in which the action is prosecuted, a judge of pro- 
bate, a clerk of court or a master in whose counties in which the office of master 
exists. When an infant or mentally incompetent person is a party in a proceeding 
before the Industrial Commission a guardian ad litem for such infant or mentally 
incompetent person may be appointed by a judge of probate, clerk of court or 
master, if there be a master, of the county wherein such infant or mentally in- 
competent person resides or by any circuit judge in this State. 

77 



§ 10-236 Code of Laws of South Carolina § 10-302 

1942 Code § 401; 1932 Code § 401; Civ. P. '22 § 358; Civ. P. '12 § 164; Civ. P. '02 
§ 136; 1870 (14) § 138; 1879 (17) 32; 1898 (22) 688; 1946 (44) 1517; 1952 (47) 2042. 

Effect of amendment. — A. & J. R. 1952 "incompetent or insane person" and in the 

(47) 2042 did not expressly amend this sec- elimination of such persons from the pro- 

tion. But it did expressly amend §§ 10- visions of the first sentence relating to ap- 

236 and 10-238 and it is believed that in so pointment of guardians ad litem. See § 10- 

doing it, in effect, amended § 10-231 to 236, as amended, for the appointment of 

make it read as above. The changes are in guardians ad litem for mentally incompe- 

the substitution of the phrase "mentally tent persons, 
incompetent person" for the old phrase 

§ 10-236. How guardian ad litem for mentally incompetent person appointed. 

When a mentally incompetent person is a plaintiff his guardian ad litem shall 
be appointed upon application made by his committee or by a relative or friend 
and, if by a relative or friend, notice thereof must first be given to his committee 
or, if he has no committee ; to the person with whom he resides. When the incompe- 
tent person is a defendant his guardian ad litem shall be appointed upon applica- 
tion made by his committee, if he has a committee and if the committee applies 
within twenty days after the service of summons, or, if his committee neglects 
or fails to apply within that time or if he has no committee, by a relative or friend 
or any other party to the action. If application is made by a relative or friend or 
other party to the action, notice thereof must first be given to the committee or if 
there is no committee, to the person with whom the incompetent person resides. 
The application shall be made to, and the appointment shall be made by, (1) the 
court in which the action is prosecuted, (2) a judge, the clerk or the master thereof 
or (3) by the probate judge of the court of probate of the county in which the 
incompetent person resides or for the county in which the action is prosecuted. An 
attorney or other competent person shall be appointed to act as guardian ad litem 
for the incompetent person. If the incompetent person resides out of the State or 
is temporarily absent therefrom, a guardian ad litem may be appointed by an order 
nisi, an accordance with the practice relating to infants as set forth in § 10-235. 
All such appointments heretofore made are hereby validated and confirmed. 

1942 Code § 409-1; 1937 (40) 47; 1940 (41) 1828; 1952 (47) 2042. 

Effect of amendment. — The amendment sane person" to "mentally incompetent 
merely changed the references from "in- person". 

§ 10-238. Compensation of guardian ad litem of mentally incompetent or im- 
prisoned person. 

The guardian ad litem of a mentally incompetent or imprisoned person ap- 
pointed under the provisions of § 10-236 or § 10-237 shall receive out of the prop- 
erty of such mentally incompetent or imprisoned person a reasonable compensation 
for the service rendered in such person's behalf. 

1942 Code §§ 409-1, 409-2; 1937 (40) 47; 1940 (41) 1828, 1833; 1952 (47) 2042. 

Effect of amendment. — The amendment 
merely changed "insane person" to "men- 
tally incompetent person". 

CHAPTER 4. 
Vfnue. 

Sec. 

10-303.11. Actions against State agencies 
and State officials; exceptions. 

§ 10-301. Actions to be tried where subject matter situated. 

Cross reference. — § 3-187.73 requires jurisdiction in any county in which their 
sellers of economic poisons to agree to economic poisons or insecticides are used. 

§ 10-302. Actions to be tried where cause of action arose. 

II. SUBSECTION (2). require payment of their salaries, must be 

Suits against the State Board of Fish- tried in the counties in which the causes 

eries to require reinstatement of plaintiffs of action arose. The court of common 

as county inspectors for the Board, and to pleas for Jasper County had no jurisdic- 

78 



10-303 



1954 Cumulative Supplement 



§ 10-303 



tion of such suits brought by inspectors was immaterial. Langford v. State Board 
of other counties, and the failure of the of Fisheries, 217 S. C. 118, 60 S. E. (2d) 59 
defendants to move for change of venue (1950). 

§ 10-303. Actions to be tried in county where defendant resides. 

Cross reference. — As to actions against 
certain State agencies and State officials, 
see § 10-303.11. 

I. GENERAL CONSIDERATION. 

The right of a defendant to have a case 
against him tried in the county in which 
he resides, etc. 

In accord with 1st paragraph under this 
catchline in Code. See Moody v. Burns, 

222 S. C. 258, 72 S. E. (2d) 189 (1952), also 
Warren v. Padgett, .... S. C. _, 82 S. E. 
(2d) 810 (1954). 

In accord with 3rd paragraph under this 
catchline in Code. See Wood v. Lea, 219 
S. C. 409, 65 S. E. (2d) 669 (1951). 

The right of a resident defendant to a 
trial in the county of his residence has 
been aptly described as a substantial and 
valuable right, and subject to defeat only 
when the requirements of the statute per- 
mitting such change have met with com- 
pliance. Wingard v. Sims, 222 S. C. 396, 
73 S. E. (2d) 279 (1952). 

The right of a resident to be sued in 
his own county has long been held to 
be a valuable one. Fordham v. Fordham, 

223 S. C. 401, 76 S. E. (2d) 299 (1953). 
Co-defendant must be a material and 

bona fide defendant. 

In accord with 1st paragraph under this 
catchline in Code. See Wood v. Lea, 219 
S. C. 409, 65 S. E. (2d) 669 (1951). 

In accord with 2nd paragraph under this 
catchline in Code. See Moody v. Burns, 
222 S. C. 258, 72 S. E. (2d) 189 (1952), also 
Warren v. Padgett, _ S. C. ... , 82 S. E. 
(2d) 810 (1954). 

The driver of the third car involved in 
an automobile collision was not a material 
defendant in an action for wrongful death 
arising out of the collision where the evi- 
dence showed that any negligence of the 
driver of the third car was not the prox- 
imate cause of the collision. Moody v. 
Burns, 222 S. C. 258, 72 S. E. (2d) 189 
(1952). 

In action brought against a manufacturer 
and a retailer of a soft drink residing in 
different counties, in passing upon motion 
of manufacturer for change of venue on 
ground that retailer was not a material and 
bona fide defendant, lower court sits as 
judge and jury and may go beyond the 
pleadings to determine the issue. A de- 
fendant may be mala fide, so as to require 
the granting of the motion even though 
the allegations (and proof apparently avail- 
able) may be sufficient to submit the case 
to the jury; and so whether or not a cause 
of action is stated in the complaint is not 
always controlling. Peters v. Double Cola 
Bottling Co. of Columbia, 224 S. C. 437, 
79 S. E. (2d) 710 (1954). 



In action brought against a manufacturer 
and a retailer of a soft drink residing in 
different counties, on motion of manufac- 
turer for change of venue, showing sup- 
ported finding of lower court, sitting as 
judge of the law and of the facts, that de- 
fendant retailer was a bona fide defendant 
against whom a cause of action was stated. 
Peters v. Double Cola Bottling Co. of 
Columbia, 224 S. C. 437, 79 S. E. (2d) 710 
(1954). _ 

Findings by hearing judge on motion to 
change venue will not be disturbed by Su- 
preme Court unless they appear manifestly 
wrong. Warren v. Padgett, .... S. C. __, 
82 S. E. (2d) 810 (1954). 

Ability or inability of defendant to re- 
spond to monetary judgment has no bearing 
upon venue of a case except that it may be 
considered by hearing judge in determining 
question of whether or not such defendant 
is a bona fide or mala fide defendant. War- 
ren v. Padgett, .... S. C. _, 82 S. E. (2d) 
810 (1954). 

In action under Pure Food law preferable 
to join both manufacturer and retailer. — 
Where two defendants who reside in dif- 
ferent counties are sued jointly, the statute 
provides that the case may be tried in 
either of the two counties. Where an action 
involves both the manufacturer and the re- 
tailer under the Pure Food and Drug Laws, 
(Sec. 32-1451 et seq.), it is not only proper 
but preferable to join both defendants in 
the same complaint in order to prevent a 
multiplicitv of actions. Peters v. Double 
•Cola Bottling Co. of Columbia, 224 S. C, 
437. 79 S. E. (2d) 710 (1954). 

This section applies alike to actions and 
special proceedings, in the absence of spe- 
cific provision for a special proceeding, 
such as is applicable to mandamus under 
§ 10-2103. Fordham v. Fordham (S. C), 
76 S. E. (2d) 299 (1953). 

It is applicable to a proceeding by a 
wife against her husband to enforce sup- 
port of their children. Fordham v. Ford- 
ham (S. C), 76 S. E. (2d) 299 (1953). 

Special law governing situation where 
this section is applicable held unconstitu- 
tional — See note to § 15-1233. 

Applied in Webb v. Southern Ry. Co., 
221 S. C. 450, 71 S. E. (2d) 12 (1952); 
King v. Moore, 224 S. C. 400, 79 S. E. (2d) 
460 (1953). 

Stated in Thomas v. Thomas, 218 S. C. 
235, 62 S. E. (2d) 307 (1950), con. op. of 
Oxner, J. 

Cited in Revnolds v. Atlantic Coast 
Line R. Co., 217 S. C. 16, 59 S. E. (2d) 
344 (1950). dis. op. of Oxner, J. 



79 



10-303.11 



Code of Laws of South Carolina 



§ 10-310 



. 



II. ACTIONS AGAINST CORPORA- county in that it delivered bakery prod- 

TIONS. ucts to customers there by means of a 

Venue properly transferred to county truck operated by its agent or employee, 

of corporation's residence. — Where action venue was properly transferred to the 

was commenced against a domestic cor- county of the corporation's residence, 

poration in a county where it owned no Brown v. Palmetto Baking Co., 220 S. C. 

property and had no agent, although the 38, 66 S. E. (2d) 417 (1951). 
corporation did transact business in such 

§ 10-303.11. Actions against State agencies and State officials ; exceptions. 

The circuit court may hear and determine all questions, actions and controversies, 
other than those involving rates of public service companies for which specific 
procedures for review are provided in Title 58, affecting State boards, commissions 
and agencies and State officials in their official capacities in the circuit where such 
question, action or controversy shall arise. 

1954 (48) 1541. 

Cross reference. — As to fixed venue in 
action against public official, see § 10-302. 

§ 10-304. Suits against certain fiduciaries. 

Where an action was brought against terial and bona fide defendant, and a mo- 
a defendant individually and in his capac- tion for a change of venue from the 
ity as executor, but the complaint stated county where defendant qualified as ex- 
no cause of action against the defendant ecutor to the county of his residence 
in his capacity as executor, the defendant should have been granted. Wood v. Lea, 
in his capacity as executor was not a ma- 219 S. C. 409, 65 S. E. (2d) 669 (1951). 

§ 10-307. Suits against insurance companies. 

This section clearly authorizes the trial has no office or agent in such county. 

of an action against an insurance com- Padgett v. Calvert Fire Ins. Co., 221 

pany in the county where the loss oc- S. C. 166, 69 S. E. (2d) 565 (1952). 
curs even though the insurance company 

§ 10-310. Changing place of trial. 

I. GENERAL CONSIDERATION. 

Section limits right to trial where de- 
fendant resides. 

Defendant in an action for personal 
injuries has a right to be sued in the 
county of his residence, but that right 
is subject to the right of plaintiff to have 
the place of trial changed to another 
county, if both the convenience of the 
witnesses and the ends of justice will be 
promoted thereby. Stanton v. Sims, 223 
S. C. 109, 74 S. E. (2d) 693 (1953). 

State court may change place of trial 
of action under Federal Employers' Lia- 
bility Act. Smith v. Atlantic Coast Line 
R. Co., 218 S. C. 481, 63 S. E. (2d) 311 
(1951). _ 

Applied in Padgett v. Calvert Fire Ins. 
Co., 221 S. C. 166, 69 S. E. (2d) 565 
(1952). 

Cited in Leppard v. Jordan's Truck 
Line, 110 F. Supp. 811 (1953). 

II. SUBSECTION (1). 

Answer in an action does not constitute 
waiver of the right to move to transfer 
the case to the proper county for trial. 
Brown v. Palmetto Baking Co., 220 S. C. 
38, 66 S. E. (2d) 417 (1951). 

Effect of failure to make motion for 
change of venue. — In an action against a 
public officer, which was not brought in 
the county where the cause of action arose 
as required by § 10-302, defendant could 
take the position that the trial court was 



without jurisdiction, notwithstanding his 
failure to make any motion for a change 
of venue to the proper county, since the 
question of jurisdiction of the subject 
matter may even be raised for the first 
time upon appeal. Langford v. State 
Board of Fisheries, 217 S. C. 118, 60 S. 
E. (2d) 59 (1950). 

Cited in Brown v. Palmetto Baking 
Co., 221 S. C. 183, 69 S. E. (2d) 598 
(1952). 

IV. SUBSECTION (3). _ 

Burden of proof under subsection (3). 

In accord with paragraph under this 
catchline in Code. See Patterson v. 
Charleston, etc., Ry. Co., 190 S. C. 66, 1 
S. E. (2d) 920 (1939); Reynolds v. Atlantic 
Coast Line R. Co., 217 S. C. 16, 59 S. E. 
(2d) 344 (1950); Smith v. Atlantic Coast 
Line R. Co., 218 S. C. 481, 63 S. E. (2d) 
311 (1951); Webb v. Southern Ry. Co., 
221 S. C. 450, 71 S. E. (2d) 12 (1952); 
Haigler v. Westbury, 223 S. C. 517, 77 S. E. 
(2d) 207 (1953). 

The burden of showing manifest error, 
which amounts to an abuse of judicial dis- 
cretion, is upon the appellant. Wallace v. 
Dickerson Const. Co., 224 S. C. 396, 79 
S. E. (2d) 371, (1953). 

Change of venue for convenience of wit- 
nesses and promotion of justice is dis- 
cretionary, etc. 

In accord with 1st paragraph under this 
catchline in Code. See Reynolds v. At- 



80 



10-311 



1954 Cumulative Supplement 



§ 10-409 



lantic Coast Line R. Co., 217 S. C. 16, 59 
S. E. (2d) 344 (1950); Smith v. Atlantic 
Coast Line R. Co., 218 S. C. 481, 63 S. E. 
(2d) 311 (1951); Thompson v. S. C. State 
Highway Dept., 221 S. C. 250, 70 S. E. 
(2d) 241 (1952); Becker v. Uhe, 221 S. C. 
334, 70 S. E. (2d) 346 (1952); Webb v. 
Southern Ry. Co., 221 S. C. 450, 71 S. 
E. (2d) 12 (1952); Wingard v. Sims, 222 
S. C. 396, 73 S. E. (2d) 279 (1952); Wil- 
son v. Southern Furniture Co., 224 S. C. 
281, 78 S. E. (2d) 890 (1953); Wallace v. 
Dickerson Const. Co., 224 S. C. 396, 79 S. 
E. (2d) 371 (1953). 

In accord with 4th paragraph under this 
catchline in Code. See Wilson v. Southern 
Furniture Co., 224 S. C. 281, 78 S. E. (2d) 
890 (1953). 

"Judicial discretion" as applied to the 
determination of a motion of this kind is 
an elastic, relative term, and implies the 
absence of a hard and fast rule. Win- 
gard v. Sims, 222 S. C. 396, 73 S. E. (2d) 
279 (1952). 

Where, as in this case, the facts are not 
in dispute, and it clearly appears that both 
the convenience of witnesses and the ends 
of justice would be promoted by chang- 
ing the place of trial, it becomes the duty 
of the Supreme Court to reverse the lower 
court and order that the place of trial 
be changed. Reynolds v. Atlantic Coast 
Line R. Co., 217 S. C. 16, 59 S. E. (2d) 
344 (1950). 

For cases holding that the court below 
committed manifest legal error in refus- 
ing to change the venue on the ground of 
convenience of witnesses, see Smith v. 
Atlantic Coast Line R. Co., 218 S. C. 



481, 63 S. E. (2d) 311 (1951); Becker 
v. Uhe, 221 S. C. 334, 70 S. E. (2d) 346 
(1952). 

For case holding that the court be- 
low erred as a matter of law in granting 
the motion, see Webb v. Southern Ry. 
Co., 221 S. C. 450, 71 S. E. (2d) 12 
(1952). 

For cases holding that refusal of the 
motion did not constitute a manifest 
abuse of discretion, see Thompson v. S. 
C. State Highway Dept., 221 S. C. 250, 
70 S. E. (2d) 241 (1952); Wingard v. 
Sims, 222 S. C. 396, 73 S. E. (2d) 279 
(1952); Wilson v. Southern Furniture Co., 
224 S. C. 281, 78 S._ E. (2d) 890 (1953). 

But both convenience of witnesses and 
promotion of ends of justice must appear 
together. 

In accord with 1st paragraph under this 
catchline in Code. See Webb v. Southern 
Rv. Co., 221 S. C. 450, 71 S. E. (2d) 12 
(1952). 

Failure to establish to the satisfaction of 
the court either that a change of venue 
would serve the convenience of witnesses 
or that it would promote the ends of jus- 
tice would suffice for refusal of the mo- 
tion. Wilson v. Southern Furniture Co., 
224 S. C. 281, 78 S. E. (2d) 8?0 (1953). _ 

Dismissal of an action without preju- 
dice upon plaintiff's motion made in or- 
der to allow him to bring the action in 
another county for the convenience of his 
witnesses does not preclude defendant, in 
a subsequent suit, from resorting to the 
provisions of subsection (3) of this sec- 
tion. Brown v. Palmetto Baking Co., 
221 S. C. 183, 69 S. E. (2d) 598 (1952). 



§ 10-311. Same; procedure when fair and impartial trial cannot be had in 
county. 

Review lies only where discretion is 
abused. — In absence of showing, as here, of 
abuse of discretion by trial judge in refusing 
to grant motion for change of venue on 
ground that defendant could not obtain fair 
and impartial trial, Supreme Court will not 



interfere with ruling. State v. Fuller, West- 
brook Advance Sheets, No. 16899, filed Aug. 
4, 1954. 

Cited in Emplovers Mut. Liability Ins. 
Co. v. Hendrix, 199 F. (2d) 53 (1952). 



CHAPTER 5. 
Summonses, Orders of Publication and Service of Papers Generally. 



Article 2. 
Personal Service in State. 
Sec. 
10-436. Service on persons confined. 



Sec. 

10-436.1. Service of legal papers upon pa- 
tients in State mental health 
facility. 

10-437. [Repealed.] 



Article 1. 
Summons Generally. 
§ 10-409. Amendment of process or proof of service. 

Applied in Corley v. Wells, 224 S. C. 198, 
78 S. E. (2d) 186 (1953). 



81 



10-421 



Code of Laws of South Carolina 



10-436 



Article 2. 
Personal Service in State. 



§ 10-421. How summons served on corporations generally. 

I. DOMESTIC CORPORATIONS. 

Corporation must be sued in county of 
residence, unless it owns property, and 
transacts business in another county. — 
Atkinson v. Korn Industries, 219 S. C. 
402, 65 S. E. (2d) 465 (1951). 

The phrase "transact business" is one 
of rather wide latitude. It is generally 
held that for a corporation to transact 
business within the meaning of such a 
statute, the business transacted by it in 
the county must be a part of its usual 
or ordinary business and must be con- 
tinuous in the sense of being distinguish- 
able from mere casual, occasional, or 
isolated transactions. However, no all- 
embracing rule can be laid down as to 
when a corporation transacts sufficient 
of its business within a county to bring 
it within the statute. Atkinson v. Korn 
Industries, 219 S. C. 402, 65 S. E. (2d) 
465 (1951). 

§ 10-424. Service on foreign corporations generally. 

Resident of this State cannot obtain Admx. v. Rulane 
jurisdiction in this State of foreign cor- 
poration previously domesticated in this 
State, upon a cause of action arising in an- 
other state and not connected with any 
business activities in this State of the 
foreign corporation, by service of sum- 
mons and complaint upon Secretary of 
State of this State, after foreign corpora- 
tion had withdrawn from this State. Foster, 



Logging operations of manufacturing 
company held to constitute transaction of 
business in county where it owned tim- 
ber. Atkinson v. Korn Industries, 219 S. 
C. 402, 65 S. E. (2d) 465 (1951). 

Transaction of business alone is insuffi- 
cient. — Where a domestic corporation 
transacted business in the county in which 
suit was brought, but owned no property 
and had no agent there, it was entitled to 
have the action transferred to the county 
of its residence. Brown v. Palmetto Bak- 
ing Co., 220 S. C. 38, 66 S. E. (2d) 417 
(1951). 

The requirement of ownership of prop- 
erty is not met by ownership of the truck 
by which the corporation's wares are ped- 
dled or delivered from another countv. 
Brown v. Palmetto Baking Co., 220 S. 
C. 38, 66 S. E. (2d) 417 (1951). 



Gas Co., Westbrook 
Advance Sheets, No. 16922, filed Nov. 1, 
1954. 

This and §§ 12-721 and 12-722, which 
constituted a single section in 1942 Code 
(§ 7765), must be construed together. 
Foster, Admx. v. Rulane Gas Co., West- 
brook Advance Sheets, No. 16922, filed 
Nov. 1, 1954, concurring opinion Legge, 
A.J. 



§ 10-431. Service on nonresident automobile drivers. 

Applied in Macri v. Flaherty, 115 F. 
Supp. 739 (1953). 

§ 10-432.1. Service on nonresident directors. 



nor unreasonable attempt to exercise the 
authority vested in it in the public interest, 
is not constitutionally objectionable as de- 
nying due process. Wagenberg v. Charles- 
ton Wood Products, 122 F. Supp. 745 
(1954). 



Constitutionality. — Where a state has an 
interest in regulating operations and trans- 
actions by nonresidents, it has power to 
enact appropriate legislation for the bring- 
ing of a nonresident into its forum in ac- 
tions affecting his transactions in that state, 
and this section, being neither an arbitrary 

§ 10-433. Service on nonresident individual fiduciaries. 

Citizenship and residence of adminis- catchline in Code. See Mason v. Helms, 
trator governs. 97 F. Supp. 312 (1951). 

In accord with paragraph under this 

§ 10-436. Service on persons confined. 

If the suit be against a person imprisoned in this State or a patient in a State Hos- 
pital or in any other similar place in or out of this State the summonses shall be 
served by delivering a copy thereof to the defendant personally. Such service shall 
be made by the sheriff of the county in which the person shall be imprisoned or 
confined or, in the case of persons imprisoned in the penitentiary and patients in 
a State Hospital or similar institution, by the superintendent of the institution or 
an assistant duly designated by such superintendent instead of the sheriff. But no 
person who makes such service, other than the sheriff, shall be entitled to any fee 

82 



§ 10-436.1 1954 Cumulative Supplement § 10-501 

therefor. In the event that the superintendent of the institution shall designate an 
assistant to make such personal service of process, the superintendent shall sign 
a certificate reciting that such assistant has been designated by him for the purpose 
of making service of such process. 

1942 Code § 434; 1932 Code § 434; Civ. P. '22 § 390; Civ. P. '12 § 184: Civ. P. '02 
§ 155; 1870 (14) § 157; 1873 (15) 497; 1882 (18) 256; 1883 (18) 437; 1887 (19) 835; 
1892 (21) 404; 1899 (23) 42; 1927 (35) 292; 1940 (41) 1831; 1941 (42) 275; 1949 (46) 
388; 1952 (47) 2042. 

Effect of amendment. — The amendment confined in the State Hospital as "a luna- 
merely eliminated a reference to a person tic". 

§ 10-436.1. Service of legal papers upon patients in State mental health fa- 
cility. 

The superintendent of a State mental health facility shall not accept service of 
legal papers, nor consent to the appointment of a guardian ad litem, for any pa- 
tient or trainee. When a legal paper is served on a patient or trainee in any hos- 
pital, clinic, training school or other institution maintained by the State for the 
care, treatment or training of persons who are mentally ill, mentally defective, 
epileptic, senile, drug addicted or alcoholic, a copy thereof shall be filed with the 
superintendent who shall cause it to be made a part of the permanent record of 
the person. The superintendent shall immediately, in writing, inform the court out 
of which the process issued of the date of service of the process, the procedure un- 
der which the patient or trainee was admitted to the institution, and the present 
mental and physical condition of the person. 

1952 (47) 2042. 

§ 10-437. Service of legal papers upon patients in State Hospital. 
Repeal by A. & J. R. 1952 (47) 2042. 
Cross reference. — See now § 10-436.1. 

Article 3. 
Service by Publication or Out of State. 
§ 10-451. When service by publication may be had. 

I. GENERAL CONSIDERATION. lish that defendant had departed from 

Plaintiff must prove defendant left State South Carolina for the purpose of avoiding 

for purpose of avoiding service. — Having the service of a summons in the action. 

invoked subsection (2) of this section as King v. Moore, 224 S. C. 400, 79 S. E. 

authority for serving defendant in another (2d) 460 (1953). 

state, the burden was on plaintiff to estab- 

§ 10-455. Effect of personal service out of State. 

Section applies only where service by ized by law. King v. Moore, Westbrook 

publication is authorized. — This section au- Advance Sheets, Opinion No. 16811, filed 

thorizes personal service outside of the Dec. 28, 1953. 

State only as the "equivalent" of publica- Personal service in Maryland on a resi- 
tion and mailing. The applicability of this dent of that state would be invalid, regard- 
section is limited to those cases in which less of South Carolina law. King v. Moore, 
service by publication is elsewhere author- 224 S. C. 400, 79 S. E. (2d) 460 (1953). 



10-501. When filed. 



CHAPTER 6. 
Notice of Lis Pendens. 



Complaint claiming equitable lien states real estate with funds he held in trust 
claim which affects title to real property. for the plaintiff, and that building mate- 
— A complaint, alleging claims for dam- rials belonging to the plaintiff have gone 
ages and for an accounting, and that the into the improvements thereon, states a 
plaintiff has and claims an equitable lien claim which affects the title to real prop- 
in certain described property by reason erty within the meaning of this section, 
of the defendant having purchased said Finley v. Hughes, 106 F. Supp. 355 (1952). 

S3 



§ 10-602 Code of Laws of South Carolina § 10-661 

CHAPTER 7. 

Pleadings. 
Article 1. 
General Provisions. 

Sec. 

10-610. Supplemental complaint, answer 
and reply. 

Article 1. 
General Provisions. 
§ 10-602. Pleading's to be liberally construed. 

Regardless of the denomination of a catchline in Code. See Carolina Life Ins. 
pleading. Co. v. Bank of Greenwood, 217 S. C. 277, 

In accord with paragraph under this 60 S. E. (2d) 599 (1950). 

§ 10-610. Supplemental complaint, answer and reply. 

The plaintiff and defendant, respectively, may be allowed on motion to make a 
supplemental complaint, answer or reply alleging facts material to the case occur- 
ring after the former complaint, answer or reply or of which the party was ignorant 
when his former pleading was made and either party may, by leave of the court, 
in any pending or future action set up by a supplemental pleading the judgment 
or decree of any court of competent jurisdiction rendered since the commencement 
of the action, determining the matters in controversy in the action or any part 
thereof. If such judgment be set up by the plaintiff,, the same shall be without 
prejudice to any provisional remedy theretofore issued or other proceedings had 
in the action on his behalf. 

1942 Code § 498; 1932 Code § 498; Civ. P. '22 § 440; Civ. P. '12 § 228; Civ. P. '02 
§ 198; 1870 (14) § 200; 1953 (48) 287. 

Effect of amendment. — The amendment Cited in Vernon v. Atlantic Coast Line 

inserted the word "or" before the phrase R. Co., 218 S. C. 402, 63 S. E. (2d) 53 
"of which the party was ignorant." (1951). 

Article 3. 
Demurrer or Answer. 
§ 10-642. When the defendant may demur. 

VI. DEMURRER WHEN FACTS IN thereunder.— In accord with paragraph un- 

COMPLAINT INSUFFICIENT TO der this catchline in Code. See Thomas & 

CONSTITUTE CAUSE OF Howard Co. v. Fowler, .... S. C. ...., 82 S. E. 

ACTION. (2d) 454 (1954). 
Or where plaintiff is entitled to relief 

§ 10-643. What demurrer to specify. 

Effect of demurrer to whole com- Wolfe v. Herlihy, 218 S. C. 90, 61 S. E. 

plaint. — If the defendant elects to demur (2d) 764 (1950). 

to the whole complaint, and not to the Demurrer must be to entire cause of 

causes of action separately, the judge is action, and not to part of cause of .action 

not required in passing on the demur- or defense. 

rer to go beyond the allegations of the In accord with this catchline in Code, 

first cause of action, if he finds them See Thomas & Howard Co. v. Fowler, ... 

sufficient to entitle plaintiff to relief. S. C. , 82 S. E. (2d) 454 (1954). 

§ 10-648. Reliance on jurisdictional objection; effect of subsequent pleading. 

Applied in Jenkins v. McCarey, 222 S 
C. 426, 73 S. E. (2d) 446 (1952). 

Article 4. 

Subsequent Pleadings. 

§ 10-661. Reply and demurrer to answer. 

Counterclaim not subject to demurrer if A demurrer which goes only to a por- 

it contains any allegations entitling party to tion of one of the defenses is properly 
relief, and the same rule applies to an an- overruled. Brvant v. Bryant, 223 S. C. 489, 
swer. Thomas & Howard Co. v. Fowler, 76 S. E. (2d) 927 (1953). 
-- S. C. _.., 82 S. E. (2d) 454 (1954). 

84 



§ 10-691 



1954 Cumulative; Supplement 



§ 10-692 



Article 6. 
Amendments and Variances. 

§ 10-691. Amendments of course and after demurrer. 

II. AMENDMENTS AS OF COURSE. v. Plowden, 217 S. C. 112, 60 S. E. (2d) 

The right to amend as of course under 57 (1950). 
this section applies to an answer. Mack 

§ 10-692. Amendment by the court. 

I. GENERAL CONSIDERATION. 

Liberal construction. — This section has 
received a very liberal interpretation by 
the courts of this State. De Loach v. 
Griggs, 222 S. C. 326, 72 S. E. (2d) 647 
(1952). 

Liberality should be exercised with re- 
spect to the allowance of amendments. 
Johnson v. Abney Mills, 219 S. C. 231, 
64 S. E. (2d) 641 (1951). 

Applied in Shonnard v. South Carolina 
Public Service Authority, 217 S. C. 458, 
60 S. E. (2d) 894 (1950). 

II. ALLOWANCE OF AMEND- 
MENTS. 
A. Discretion of the Court. 

Amendments are within discretion of 
the Court. 

In accord with 1st paragraph under this 
catchline in Code. See Vernon v. Atlantic 
Coast Line R. Co., 218 S. C. 402, 63 S. E. 
(2d) 53 (1951). 

But this does not give trial judge an 
entirely free hand. — While a motion to 
amend under this section is addressed to 
the sound discretion of the trial court, this 
does not give the trial judge an entirely 
free hand in what might be termed dis- 
cretionary matters. Mack v. Plowden, 
217 S. C. 112, 60 S. E. (2d) 57 (1950). 

Where amendment is refused on legal 
grounds, etc. 

In accord with 1st paragraph under this 
catchline in Code. See Smith v. Traxler, 
224 S. C. 290, 78 S. E. (2d) 630 (1953). 
B. Amendments before Trial. 

And cause may be changed or new 
cause raised by amendment, etc. 

In accord with 1st paragraph under 
this catchline in Code. See Vernon v. 
Atlantic Coast Line R. Co., 218 S. C. 402, 
63 S. E. (2d) 53 (1951). 

Our decisions are, almost without ex- 
ception, in accord with the modern the- 
ory of code pleading which permits 
amendments before trial, introducing a 
new cause of action or substantially 
changing the cause of action alleged. 
De Loach v. Griggs, 222 S. C. 326, 72 
S. E. (2d) 647 (1952). 

The court will, as a matter of course, 
allow any party to shape his own plead- 
ings to suit himself, and, for this pur- 
pose, will permit him at any time before 
trial to amend his pleadings so as to pre- 
sent his own views on the question to be 
litigated, upon such terms as may be 
deemed equitable. There is no restric- 
tion on the power of the court to allow 
such amendments, even though their ef- 



fect be to change entirely the whole cause 
of action, or the grounds of defense. 
Vernon v. Atlantic Coast Line R. Co., 
218 S. C. 402, 63 S. E. (2d) 53 (1951). 

But litigant may not set up new cause 
of action which is barred by statute of 
limitations. — The power of the court to 
allow amendments is subject to recog- 
nized limitations, among which is the rule 
that a litigant many not set up by amend- 
ment a wholly different cause of action — 
one which does not arise out of or con- 
nect itself in a material aspect with the 
transaction set out in the original com- 
plaint — when the cause of action at- 
tempted to be set up by the amendment 
is barred by the statute of limitations. 
De Loach v. Griggs, 222 S. C. 326, 72 S. 
E. (2d) 647 (1952). 

An order requiring defendant to make 
his answer more definite and certain was 
not a limitation upon his right to set up 
additional defenses in his amended an- 
swer. Mack v. Plowden, 217 S. C. 112, 60 
S. E. (2d) 57 (1950). 

III. ILLUSTRATIONS. 
B. Amendment Not Substantially Chang- 
ing Claim or Defense. 

Pleading wrongful death statute of an- 
other State. — In an action brought in this 
State for the wrongful death of plaintiff's 
intestate in an automobile collision in 
North Carolina, plaintiff should _ have 
been allowed to amend her complaint so 
as to plead the North Carolina law gov- 
erning actions for wrongful death, even 
though the statute of limitations on such 
actions had run at the time the motion 
to amend was made, where the complaint 
alleged that the death occurred in North 
Carolina, and the motion to amend was 
made before trial. De Loach v. Griggs, 
222 S. C. 326, 72 S. E. (2d) 647 (1952) 
distinguishing Sellers v. Lewis & Holmes 
Motor Freight Corp., 215 S. C. 256, 54 S. 
E. (2d) 806 (1949). 

Alleging additional elements of dam- 
ages. — Plaintiff in an action for property 
damage and personal injuries was _ prop- 
erly allowed to amend his complaint by 
alleging additional elements of damage by 
way of medical expenses and loss of con- 
sortium, claimed by him as a result of the 
personal injuries suffered by his wife in 
the same accident, and by increasing his 
demand for judgment from $10,000.00 to 
$100,000.00. Vernon v. Atlantic Coast 
Line R. Co., 218 S. C. 402, 63 S. E. (2d) 
53 (1951). 



85 



10-701 



Cora; of Laws of South Carolina 



10-802 



CHAPTER 8. 
Joinder of Causes; Counterclaim and Set-Off; Cross Claims. 



§ 10-701. What causes of action may 

I. GENERAL CONSIDERATION. 
Cited in Ayers v. Guess, 217 S. C. 233, 
60 S. E. (2d) 315 (1950). 

II. CAUSES OF ACTION WHICH 
MAY BE JOINED. 
A. Subdivision (1). 
Section is liberally construed. 
This section has been given very liberal 
interpretation by the courts of the State. 
South Carolina Elec. & Gas Co. v. Aetna 
Ins. Co., 114 F. Supp. 79 (1953). 

An action against thirty-eight insurance 
companies to recover for a fire loss al- 
legedly covered by thirty-eight policies, 

§ 10-702. Joinder of principal and surety. 



be joined. 

one issued by each of the defendants, 
where the provisions of each policy are 
substantially identical and each policy pro- 
vides for pro rata liability, relates to the 
same subject matter, and to the same 
transaction, and the policies are so inter- 
twined and dependent that the alleged 
breach constitutes one indivisible wrong 
for which complete relief can be had only 
in one action against all thirty-eight de- 
fendants. South Carolina Elec. & Gas 
Co. v. Aetna Ins. Co., 114 F. Supp. 79 
(1953). 



Plaintiff's insurer may be joined for 
purposes of counterclaim and cross ac- 
tion. — An injured party defendant has a 
right to bring into the action as new par- 
ties plaintiff's automobile, by which de- 
fendant allegedly was injured, and the 
carrier of insurance on such automobile, 



which was operated as a taxicab and in- 
sured as required by law, so that he may 
file a counterclaim and cross action against 
the added defendants. Brown v. Quinn, 
220 S. C. 426, 68 S. E. (2d) 326 (1951). 

Cited in Leppard v. Jordan's Truck 
Line, 110 F. Supp. 811 (1953). 



§ 10-707. Cross actions between codefendants. 



It is not the purpose of a cross action 
or a cross complaint to introduce new 
matters which are outside the original con- 
troversy. This is not permitted. The re- 
lief sought must in general relate to or 
depend upon the contract or transaction 
on which the action is brought. Brown 
v. Quinn, 220 S. C. 426, 68 S. E. (2d) 326 
(1951). 

Bringing in new parties defendant for 
purposes of cross action. — An injured 



party defendant has a right to bring into 
the action as new parties plaintiff's au- 
tomobile, by which defendant allegedly 
was injured, and the carrier of insurance 
on such automobile, which was operated 
as a taxicab and insured as required by 
law, so that he may file a counterclaim 
and cross action against the added de- 
fendants. Brown v. Quinn, 220 S. C. 426, 
68 S. E. (2d) 326 (1951). 



CHAPTER 9. 
Arrest and Bail in Civil Actions. 

Article 1. 
Arrest. 

§ 10-802. Arrest in civil actions permitted in certain cases. 

I. GENERAL CONSIDERATION. 
Statute must be strictly complied with. — 

It is elementary that statutes authorizing 
arrest in civil actions and execution against 
the person must be strictly followed when 
invoked. Ramantanin v. Miller, 225 S. C. 
77, 80 S. E. (2d) 925 (1954). 



V. SUBDIVISION (6). 
Action not within statute. — Issuance of 
execution against person of judgment 
debtor could not be made where it appeared 
that the action was not for injury to prop- 
erty and record contained no complaint 
otherwise complying with section 10-1705. 
Ramantanin v. Miller, 225 S. C. 77, 80 
S. E. (2d) 925 (1954). 



86 



10-901 



1954 Cumulative Supplement 



10-923 



CHAPTER 10. 

Attachment. 

Article 1. 
Issue of Attachments. 
§ 10-901. Grounds for attachment generally. 



I. GENERAL CONSIDERATION. 

Remedy is statutory and strictly con- 
strued. — Attachment is an extraordinary 
remedy and exists only by reason of the 
statute providing for same, and the courts 
have held almost without exception that 
the provisions of such statutes must be 
strictly construed. Glenn v. One 1946 
Tudor Ford, 222 S. C. 13, 71 S. E. (2d) 
507 (1952). 

Where lien not created by statute, pur- 
pose of attachment is to obtain security for 
a debt by securing lien on property, and 
when bond is filed for release of attached 



property, bond is substituted for lien. 
Stephenson Finance Co. v. Burgess, _._. S. C. 
.__., 82 S. E. (2d) 512 (1954). 

II. NATURE OF ATTACHMENT 

AND WHEN ISSUED. 
An action must be commenced in reg- 
ular form before attachment is available. 
In accord with paragraph under this 
catchline in Code. See Plowden v. Mack, 
217 S. C. 226, 60 S. E. (2d) 311 (1950). 
IV. PROPERTY SUBJECT TO 
ATTACHMENT. 
Cross reference. — See note to § 10-923, 
analysis line II. 



§ 10-908. Minimum bond required before obtaining attachment. 



III. LIABILITY ON WRITTEN 

UNDERTAKING. 
Defendant is entitled to recover at- 
torney's fees as proper element of damages 
in action on bond given in attachment, 
where attachment was dissolved on motion 
of counsel for defendant, notwithstanding 
plaintiff's subsequent recovery in trial on 
merits, keeping in mind that claim for at- 
torney's fees does not arise out of defend- 
ing main suit but rather for appearing and 



successfully moving to dissolve attachment. 
Knighton, et al. v. Bramlett, Westbrook 
Advance Sheets, No. 16918, filed October 
7, 1954. 

And demand for attorney's fees need not 
be made at time of motion for dissolution 
of attachment, but may be recovered sub- 
sequently in suit on the bond for services 
rendered in effecting dissolution. Knighton, 
et al. v. Bramlett, Westbrook Advance 
Sheets, No. 16918, filed October 7, 1954. 



§ 10-911. To whom attachment directed and what to require. 

Applied in Glenn v. One 1946 Tudor 
Ford, 222 S. C. 13, 71 S. E. (2d) 507 
(1952). 

Article 2. 
Service and Subsequent Proceedings. 
§ 10-921. Service and answer. 

Only an authorized officer may execute 
a warrant of attachment. — Glenn v. One 
1946 Tudor Ford, 222 S. C. 13, 71 S. E. 
(2d) 507 (1952). 

A rural policeman of York County 
had no authority to serve a warrant of at- 



tachment directed to sheriffs and consta- 
bles of the State and of York County. 
Such service was improper and should 
be set aside. Glenn v. One 1946 Tu- 
dor Ford, 222 S. C. 13, 71 S. E. (2d) 
507 (1952). 



§ 10-922. Property subject to attachment. 

Cross reference. — See note to § 10-923, 
analysis line II. 

§ 10-923. Duty of officer to whom warrant delivered. 



II. PROPERTY SUBJECT TO 
ATTACHMENT. 

All property of debtor, legal or equi- 
table, subject to attachment. Charles R. 
Allen, Inc. v. Rhode Island Ins. Co., 217 
S. C. 296, 60 S. E. (2d) 609 (1950). 

The interest of the debtor subject to 
attachment includes any indebtedness ow- 
ing to him by a third party. Charles R. 
Allen, Inc. v. Rhode Island Ins. Co., 217 



S. C. 296, 60 S. E. (2d) 609 (1950). 

An unadjusted claim for loss under a 
policy of insurance is subject to attach- 
ment or garnishment in the hands of the 
insurance company. This is true even 
though the insurance company denies any 
indebtedness to the insured. Charles R. 
Allen, Inc. v. Rhode Island Ins. Co., 217 
S. C. 296, 60 S. E. (2d) 609 (1950). 



87 



§ 10-931 Code; of Laws of South Carolina § 10-1213 

§ 10-931. Undertaking on part of defendant. 

II. BOND ON APPLICATION TO securing lien on property, and when bond 

DISCHARGE ATTACHMENT. is filed for release of attached property, 

Bond substituted for lien. — Where lien bond is substituted for lien. Stephenson 

not created by statute, purpose of attach- Finance Co. v. Burgess, _ S. C. _, 82 

ment is to obtain security for a debt by S. E. (2d) 512 (1954). 

CHAPTER 12. 
Issues and Modes of Trial. 
§ 10-1056. How issues of law and fact tried. 

I. GENERAL CONSIDERATION. Cited in Center v. Vaughan, 217 S. C. 

Applied in Morris v. Lambert, 218 S. 31, 59 S. E. (2d) 491 (1950). 
C. 384, 62 S. E. (2d) 841 (1950). 

§ 10-1057. Issues out of chancery. 

Cross reference. — See § 10-1457. under this section are conclusive under § 

Refusal to frame issues under this sec- 10-1457. Greenwood Lumber Co. v. Cromer, 

tion within discretion of court. Greenwood .__. S. C. _, 82 S. E. (2d) 527 (1954). 

Lumber Co. v. Cromer, .... S. C. , 82 Cited in Standard Warehouse Co. v. At- 

S. E. (2d) 527 (1954). lantic Coast Line R. Co., 222 S. C. 93, 

Findings on issues submitted to jury 71 S. E. (2d) 893 (1952). 

§ 10-1058. Issues triable by court. 

I. GENERAL CONSIDERATION. lantic Coast Line R. Co., 222 S. C. 93, 

Cited in Standard Warehouse Co. v. At- 71 S. E. (2d) 893 (1952). 

CHAPTER 14. 
Trial and Certain Incidents Thereof. 

Article 1. ject to charge or request addi- 

General Provisions. tional charge out of presence of 

Sec. jury. 

10-1210. Court to give opportunity to ob- 

Article 1. 

General Provisions. 

§ 10-1210. Court to give opportunity to object to charge or request additional 
charge out of presence of jury. 

In all cases tried before a jury, other than cases in a magistrate's or municipal 
court, after the court has delivered to the jury a charge on the law in the case 
the court shall temporarily excuse the jury from the presence of counsel and liti- 
gants in order to give counsel and litigants an opportunity to express objections 
to the charge or request the charge of additional propositions made necessary by 
the charge, out of the presence of the jury. 

1953 (48) 28. 

This section increases the responsibility v. Asseff, Westbrook Advance Sheets, No. 
of trial counsel as to the correctness and 16909, filed Sept. 14, 1954. 
sufficiency of the charge to the jury. Munn 

§ 10-1213. Relief from mistake, etc. ; amendments. 

I. GENERAL CONSIDERATION. Court below, in setting aside and va- 

And remedy provided by section is ex- eating default divorce judgment, abused its 

elusive. — In accord with paragraph under discretion and thereby committed error of 

this catchline in Code. See Brock v. Brock, law, where showing made was insufficient 

-— S. C. ,81 S. E. (2d) 898 (1954). to meet requirements of this section, it 

Applied in Johnson v. Baldwin, 221 S. appearing that husband disregarded all pro- 

C. 141, 69 S. E. (2d) 585 (1952). ceedings and treated them with contempt, 

VII. ILLUSTRATIONS OF and nothing was done which could have 

APPLICATION OF SECTION. misled him. Brock v. Brock, _ S. C. _, 

B. Grounds Insufficient for Granting Re- 81 S. E. (2d) 898 (1954). 



lief 



88 



§ 10-1215 



1954 Cumulative Supplement 



10-1403 



§ 10-1215. New trials. 

I. GENERAL CONSIDERATION. 
Circuit court's power said to be inher- 
ent. 

In accord with paragraph under this 

catchline in Code. See Fallon v. Rucks, 

217 S. C. 180, 60 S. E. (2d) 88 (1950). 

III. CORRECTION, MODIFICATION, 

OR INTERFERENCE WITH 

JURY VERDICT. 

It was error to grant a new trial on 
the ground of objection to the verdict's 
form before it was amended by the jury 
upon resubmission by consent. Fallon 
v. Rucks, 217 S. C. 180, 60 S. E. (2d) 
88 (1950). 

IV. MOTION FOR NEW TRIAL. 

But no specific time is provided. 

In accord with paragraph under this 
catchline in Code. See Smith v. Quattle- 
baum, 223 S. C. 384, 76 S. E. (2d) 154 
(1953). 

When motion may be made after ad- 



journment sine die. — Generally, when a 
trial judge adjourns his court sine die, 
he loses jurisdiction of a case finally de- 
termined during that term, except under 
special circumstances. An exception to 
this general rule is a motion for new 
trial on after- or newly-discovered evi- 
dence, based upon the broad principles of 
the furtherance of justice. And there is 
no sound reason why a motion for new 
trial on after-discovered disqualification of 
a juror, alleged as such, should not be 
within the same category. Smith v. Quat- 
tlebaum, 223 S. C. 384, 76 S. E. (2d) 154 
(1953). 

VI. MISCELLANEOUS APPLICA- 
TIONS OF SECTION. 

Denial of motion for new trial on 
ground of after-discovered disqualification 
of juror held not error. Smith v. Quattle- 
baum, 223 S. C. 384, 76 S. E. (2d) 154 
(1953). 



Article 2. 
Motions and Orders. 



§ 10-1227. Notice of motion. 

Applied, as to notice of motion to dis- 
miss appeal, in State v. Cottingham, 224 
S. C. 181, 77 S. E. (2d) 897 (1953). 



CHAPTER 15. 
Legal Notices Generally. 
§ 10-1304. Equivalent of publication for two weeks or fifteen days. 

This section was intended to clarify § oh a proposed amendment to a zoning or- 



10-1306, relating to judicial sales of real 
and personal property, and does not ap- 
ply to publication of notice of a hearing 



dinance under § 47-1004. Central Realty 
Corp. v. Allison, 218 S. C. 435, 63 S. E. 
(2d) 153 (1951). 



§ 10-1306. Length of time legal sales shall be advertised. 

Cited in Central Realty Corp. v. Alli- 
son, 218 S. C. 435, 63 S. E. (2d) 153 
(1951). 

CHAPTER 16. 
Referees and Masters. 

§ 10-1402. When reference may be compulsorily ordered. 

IV. RELATION OF SECTION TO 
TRIAL BY JURY. 

Compulsory reference to determine fac- 
tual issue of existence of partnership er- 
roneous. — In an action against husband 
and wife individually and as partners, 
where the wife's answer raised a material 
substantial issue of fact as to the allega- 
tion that she was a member of the part- 
nership, the matter should not have been 
referred to the referee to decide this is- 



sue of fact and the wife was entitled to a 
trial by jury of the issues raised by her 
answer. Nachman-Rhodes, Inc. v. Light- 
ner, 219 S. C. 167, 64 S. E. (2d) 393 
(1951). 

Compulsory reference in action to re- 
cover compensation for legal services held 
erroneous as depriving defendant of right 
to trial bv jury. De Pass v. Piedmont 
Interstate Fair Ass'n, 217 S. C. 38, 59 S. 
E. (2d) 495 (1950). 



§ 10-1403. Reference in equitable matters. 

Cross reference. — As to order of refer- jury, 
ence depriving party of right to trial by IV. 

89 



see note to § 10-1402, analysis line 



10-1453 



Code of Laws of South Carolina 



10-1532 



CHAPTER 17. 

Verdicts. 

§ 10-1453. When jury may render special or general verdict; directing spe- 
cial findings. 



IX. GENERAL AND SPECIAL 
VERDICTS. 
Special verdict is in discretion of jury 
in action for recovery of money only. — 

In an action to recover on a fire insur- 
ance policy, where there were four sepa- 
rate schedules of indemnity, limited in 
their several amounts, the court was 



not bound to direct the jury to find a 
special verdict upon any or all of the is- 
sues. The action was for the recovery 
of money only and in such cases the ren- 
dition of a special verdict is within the 
discretion of the jury. Eaves v. Pro- 
gressive Fire Ins. Co., 217 S. C. 365, 60 
S. E. (2d) 687 (1950). 



§ 10-1457. Force of verdict on issue out of chancery. 

Findings on issues submitted to jury Greenwood Lumber Co. v. Cromer, 
under terms of § 10-1057 are conclusive. ...., 82 S. E. (2d) 527 (1954). 



S. C. 



§ 10-1461. Motions for new trial. 

V DISCRETION OF JUDGE. 
Granting motion for new trial lies in 
discretion of judge. 

The power of a trial judge to grant a 
new trial absolute or nisi in a law case 
upon his disapproval of the verdict on 
factual grounds is an essential discretion 
of a trial court which the Supreme Court 



does not possess under the present Con- 
stitution. But the discretion is founded 
upon the facts, the evidence, the wit- 
nesses, the trial circumstances, the ver- 
dict and the judge's view of them, hence 
his sometime designation as the thirteenth 
juror. Fallon v. Rucks, 217 S. C. 180, 60 
S. E. (2d) 88 (1950). 



CHAPTER 18. 
Judgments and Decrees Generally. 

Article 2. 
Judgments by Default or Confession. 

Sec. 

10-1532. Judgment after reference or upon 
evidence taken by court. 

Article 2. 
Judgments by Default or Confession. 



§ 10-1531. Judgment by default. 

Cross reference. — As to judgment by 
default where itemized account not 
served and complaint not verified, see 
§ 10-1532 and note thereto. 

Substantial compliance with this section 
is sufficient. Jordan v. Tadlock, 223 S. C. 
326. 75 S. E. (2d) 691 (1953). 

Substantial compliance with requirement 
of verification. — Verification to a com- 
plaint was sufficient where the creditor 
deposed he had read the complaint "and 
knows the contents thereof and that the 
same is true of his own knowledge," since 
the logical meaning and conclusion of this 
allegation is that the account is true and 



correct, and no part of the sum sued for 
has been paid by discount or otherwise. 
Jordan v. Tadlock, 223 S. C. 326, 75 S. E. 
(2d) 691 (1953). 

Where the statement of account was 
attached to the complaint and made a part 
thereof by appropriate allegation, and the 
complaint was verified by the creditor be- 
fore a notary public, the account was suf- 
ficiently verified though no affidavit was 
appended thereto. Jordan v. Tadlock, 223 
S. C. 326, 75 S. E. (2d) 691 (1953). 

Applied in Patrick v. Wolowek, .... S. C. 
_, 81 S. E. (2d) 717 (1954). 



§ 10-1532. Judgment after reference or upon evidence taken by court. 

The court of common pleas may upon motion of the plaintiff refer any or all issues 
in any default case whether the claim, demand or cause of action be on contract or 
in tort, and whether the claim or demand be liquidated or unliquidated, or hear 
the allegations and evidence of the plaintiff in term time or at chambers and upon 
the evidence so taken by the court or upon hearing the report of the master and 



90 



§ 10-1542 1954 Cumulative Supplement § 10-1732 

the evidence produced before him render judgment for the plaintiff for such relief 
as his allegations and proof may warrant. 

1942 Code § 586; 1932 Code § 586; Civ. P. '22 § 526; Civ. P. '12 § 305; Civ. P. '02 

§ 267; 1870 (14) § 269; 1873 (15) 502; 1882 (18) 112; 1884 (18) 709; 1889 (23) 41; 1929 
(31) 25; 1939 (41) 336; 1953 (48) 137. 

Effect of amendment. — The amendment bers and testified under oath that the 
inserted the phrase "whether the claim, amount claimed was due and owing and 
demand or cause of action be on contract that no part of the same had been paid by 
or in tort, and whether the claim or de- discount or otherwise, entry of judgment 
mand be liquidated or unliquidated." by default was authorized under this sec- 
Judgment where itemized account not tion. Arthur v. Devaux, 217 S. C. 256, 
served and complaint not verified. — 60 S. E. (2d) 590 (1950). 
Where, in an action on an account, no Court may render default judgment for 
itemized, verified statement of the account tort and unliquidated damages. — Prior to 
was attached to or served with the sum- amendment of 1953, Court could not grant 
mons and complaint, and the verification judgment by default on cause of action 
was so defective as to amount in law to sounding in tort seeking unliquidated dam- 
no verification whatsoever, but, no answer ages without aid of jury, but this section 
or demurrer to the complaint having been now authorizes Court of Common Pleas to 
served on the respondent or his counsel render judgments by default in actions in 
in response to the summons, and affidavit tort and for unliquidated damages without 
of default having been duly made, plain- aid of jury. Patrick v. Wolowek, .... S. C. 
tiff appeared before the judge at his cham- _ , 81 S. E. (2d) 717 (1954). 

Article 3. 
Judgment Roll; Abstracts; Filing or Docketing. 
§ 10-1542. Entries in abstract of judgments; index to judgments. 

Editor's note. — Provision relating to re- 
newal of judgment is obsolete. 

CHAPTER 20. 

Executions and Judicial Sales Generally. 

Article 1. 
General Provisions. 

§ 10-1705. Execution against the person. 

Must be strict compliance with section. — cution against person of judgment debtor 
It is elementary that statutes authorizing could not be made where it appeared that 
arrest in civil actions and execution against the action was not for injury to property 
the person must be strictly followed when and record contained no complaint other- 
invoked. Ramantanin v. Miller, 225 S. C. wise complying with this section. Raman- 
77, 80 S. E. (2d) 925 (1954). tanin v. Miller, 225 S. C. 77, 80 S. E. (2d) 

Failure of compliance. — Issuance of exe- 925 (1954). 

Article 2. 
Discovery ; Arrest; Garnishment; Receivers, etc. 

§ 10-1721. Order for discovery of property. 

I. GENERAL CONSIDERATION. 
Applied in Fagan v. Timmons, 217 S. 
C. 432, 60 S. E. (2d) 863 (1950). 

§ 10-1732. Judge may appoint receiver. 

All creditors need not be original parties not deprive the court of jurisdiction to ap- 

to proceedings for the appointment of a point a receiver under this section to take 

receiver. Fagan v. Timmons, 217 S. C. 432, possession of the defendant's property, col- 

60 S. E. (2d) 863 (1950). lect the rents, issues and profits and hold 

United States is not necessary party the same subject to the tax liens and the 

though property subject to federal tax further orders of the court. Fagan v. 

liens.— The fact that the United States, Timmons, 217 S. C. 432, 60 S. E. (2d) 

which had filed income tax liens against 863 (1950). 
the debtor's property, was not a party did 

91 



§ 10-1951 



Code of Laws of South Carolina 



10-1954 



CHAPTER 23. 
Death by Wrongful Act and Lynching. 

Article 1. 
Death by Wrongful Act. 



§ 10-1951. Civil action for wrongful 
I. GENERAL CONSIDERATION. 
What law governs. — In actions for 
wrongful death the lex loci governs as 
to all matters that may be considered to 
be substantive and which create and af- 
fect the right to sue; but as to any mat- 
ters that may be considered to be merely 
procedural the lex fori will govern. An- 
derson v. Lane, 97 F. Supp. 265 (1951). 
Applied in McCullem v. Liberty Life 
Ins. Co., 217 S. C. 565, 61 S. E. (2d) 181 
(1950); Conyers v. Atlantic Coast Line 
R. Co., 218 S. C. 278, 62 S. E. (2d) 478 
(1950); Jones v. Atlanta-Charlotte Air 
Line R. Co., 218 S. C. 537, 63 S. E. 
(2d) 476, 26 A. L. R. (2d) 297 (1951); 
DuRant v. George A. Rheman Co., Inc., 
219 S. C. 250, 64 S. E. (2d) 531 (1951); 
Dawson v. South Carolina Power Co., 

§ 10-1952. Beneficiaries of action for 

The defendants cannot be heard to 
question the propriety of the appointment 
of the administrator who brings the ac- 
tion. They have no standing to question 
the method of administration of the estate 
and their sole interest in the cause is the 
denial of their alleged liability for negli- 
gent death under Lord Campbell's Act. 
Mason v. Helms, 97 F. Supp. 312 (1951). 

The citizenship and residence of the 
administrator governs the matter of juris- 
diction of the federal courts in actions for 
wrongful death. Mason v. Helms, 97 F. 
Supp. 312 (1951). 

A wife who before her husband's death 
was living in adultery with another man 
was not a "widow" under the South Car- 
olina death statute, and the right of re- 
covery for death accrued to plaintiff's in- 
testate's mother. Folk v. United States, 
102 F. Supp. 736 (1952). 

Procedure in action under foreign stat- 
ute. 

In an action brought in South Caro- 
lina for the death of a wife and mother 
in an automobile collision in Georgia, 

§ 10-1954. Damages; amount and to 

I. DAMAGES. 
The elements of damage, etc. 

Damages in a Lord Campbell's Act case 
consist mainly of mental shock and suffer- 
ing, grief and sorrow, loss of companion- 
ship, deprivation of the use and comfort 
of the intestate's society, together with 
the pecuniary loss incident thereto. Go- 
million v. Forsythe, 218 S. C. 211, 62 S E 
(2d) 297 (1950). 



act causing death. 

220 S. C. 26, 66 S. E. (2d) 322 (1951); 
Webb v. Southern Ry. Co., 221 S. C. 
450, 71 S. E. (2d) 12 (1952); Williamson 
v. Charleston, etc., R. Co., 222 S. C. 
455, 73 S. E. (2d) 537 (1952); Mason v. 
Helms, 97 F. Supp. 312 (1951); Folk v. 
United States, 102 F. Supp. 736 (1952); 
Floe v. Plowden, 192 F. (2d) 291 (1951); 
Atlantic Coast Line R. Co. v. Glenn, 198 
F. (2d) 232 (1952); United States v. Folk, 
199 F. (2d) 889 (1952); Greene v. Miller, 
114 F. Supp. 150 (1953); Miller v. Atlantic 

Coast Line R. Co S. C. ...., 81 S. E. 

(2d) 335 (1954). 

Cited in DeLoach v. Griggs, 222 S. C. 
326, 72 S. E. (2d) 647 (1952); American 
Casualty Co. v. Howard, 187 F. (2d) 322 
(1951). 

wrongful death. 

the Georgia statute, which requires that 
in such case the surviving husband and 
children must sue jointly, controls, and 
this section, vesting the right of action 
in the administrator, does not apply. An- 
derson v. Lane, 97 F. Supp. 265 (1951), 
distinguishing Bussey v. Charleston, etc., 
Ry. Co., 73 S. C. 215, 53 S. E. 165 (1906). 

Applied in Conyers v. Atlantic Coast 
Line R. Co., 218 S. C. 278, 62 S. E. (2d) 
478 (1950); Jones v. Atlanta-Charlotte 
Air Line R. Co., 218 S. C. 537, 63 S. E. 
(2d) 476, 26 A. L. R. (2d) 297 (1951); Du- 
Rant v. George A. Rheman Co., Inc., 219 
S. C. 250, 64 S. E. (2d) 531 (1951); Webb 
v. Southern Ry. Co., 221 S. C. 450, 71 S. 
E. (2d) 12 (1952); Williamson v. Charles- 
ton, etc., R. Co., 222 S. C. 455, 73 S. E. 
(2d) 537 (1952); Floe v. Plowden, 192 F. 
(2d) 291 (1951); Atlantic Coast Line R. 
Co. v. Glenn, 198 F. (2d) 232 (1952). 

Cited in DeLoach v. Griggs, 222 S. C. 
326, 72 S. E. (2d) 647 (1952); American 
Casualty Co. v. Howard, 187 F. (2d) 322 
(1951). 

whom payable. 

And funeral expenses can be recovered, 
etc. 

Where funeral expenses are paid by the 
beneficiary they are a proper element of 
damages. Ordinarily funeral expenses are 
not involved in a Lord Campbell's Act 
case, being usually payable out of the es 
tate of the decedent. Gomillion v. Forsythe, 
218 S. C. 211, 62 S. E. (2d) 297 (1950). 

Verdict not excessive. — See Dawson v. 

92 



§ 10-2002 



1954 Cumulative Supplement 



10-2055 



South Carolina Power Co., 220 S. C. 26, 
66 S. E. (2d) 322 (1951). 



Applied in Folk v. United States, 102 F. 
Supp. 736 (1952). 



§ 10-2002. 



CHAPTER 24. 
Declaratory Judgments. 
Courts of record may declare rights, status and other legal re- 



lations. 



The Uniform Declaratory Judgments 
Act covers the whole field of declaratory 
judgments. Waller v. Waller, 220 S. C. 
212, 66 S. E. (2d) 876 (1951). 

Necessity for existing controversy. — It 
is quite true that a declaratory judgment 
should not deal with moot or abstract mat- 
ters or constitute a merely advisory opin- 
ion, and to this end there should be an ex- 
isting controversy, or at least the "ripen- 



ing seeds of a controversy," but the basic 
purpose of the act is to provide for declara- 
tory judgments without awaiting a breach 
of existing rights. Waller v. Waller, 220 
S. C. 212, 66 S. E. (2d) 876 (1951). 

Applied in South Carolina Elec, etc., 
Co. v. Pinckney, 217 S. C. 407, 60 S. E. 
(2d) 851 (1950); Nolan v. Daley, 222 S. 
C. 407, 73 S. E. (2d) 449 (1952). 



§ 10-2003. Deed, will, written contract, statute, municipal ordinance, contract 
or franchise. 



Action must be brought by person hav- 
ing substantial interest in subject matter. 

— An action brought under this section to 
determine the validity of a statute must be 
brought by a person having a substantial 
interest in the subject matter of the liti- 
gation, and to establish such an interest, 
he must show that he will be directly af- 
fected by the enforcement of the statute 
questioned. Lee v. Clark, 224 S. C. 138, 77 
S. E. (2d)485 (1953). 

Complaint is sufficient against demurrer 
where it states facts from which it is ap- 
parent that a justiciable controversy, actual 
or potential, exists, the test being not 
whether the construction advanced by 
plaintiff is correct, but whether plaintiff is 
entitled to have will construed. Foster v. 
Foster, Westbrook Advance Sheets, No. 
16917, filed October 6, 1954. 

Burden of proof rests upon plaintiff. — 
Burden of proof in an action under declara- 
tory judgment act rests no less heavily 
upon shoulders of the plaintiff than in or- 
dinary civil action, and plaintiff must prove 
material allegations of complaint by greater 
weight or preponderance of testimony. 
Martin v. Cantrell, __ S. C. _, 81 S. E. 
(2d) 37 (1954). 

One whose civil or political rights are 



directly affected by a statute may have the 
necessary interest to challenge the validity 
of the statute by a declaratory judgment 
proceeding. Lee v. Clark, 224 S. C. 138, 77 
S. E. (2d) 485 (1953). 

A taxpayer of a school district and a 
patron of the schools therein had sufficient 
interest in the controversy to bring an ac- 
tion under this section to determine the 
validity of a statute dealing with the elec- 
tion of school trustees and to have the 
election of trustees pursuant to such stat- 
ute declared null and void. Lee v. Clark, 
224 S. C. 138, 77 S. E. (2d) 485 (1953). 

Taxpayer's suit to determine validity of 
act fixing marriage license fees. — A tax- 
payer could not maintain a suit for a de- 
claratory judgment to determine the valid- 
ity of an act fixing fees for issuance of mar- 
riage licenses in a certain county and the 
rights of other persons in funds collected 
under the act, where he was not shown to 
be injuriously affected by the act. Man- 
ning v. Dillon County, 223 S. C. 240, 75 
S. E. (2d) 250 (1953). 

Suit for declaratory judgment to deter- 
mine rights under will held to present ac- 
tual controversy and not to be premature. 
Waller v. Waller, 220 S. C. 212, 66 S. E. 
(2d) 876 (1951). 



§ 10-2008. Parties. 

Applied in Lee v. Clark, 

77 S. E. (2d) 485 (1953). 



224 S. C. 138, 



CHAPTER 25. 
Injunctions. 

§ 10-2055. Conditions under which temporary injunction granted. 

I. GENERAL CONSIDERATION. guishable. Epps v. Bryant, 218 S. C. 359, 

The terms "temporary injunction" and 62 S. E. (2d) 832 (1950). 
"restraining order" are properly distin- 



93 



§ 10-2055.1 Codd of Laws of South Carolina § 10-2210 

§ 10-2055.1. When temporary injunction granted; copy of affidavit to be 
served. 

Quoted in Epps v. Bryant, 218 S. C. 359, 
62 S. E. (2d) 832 (1950). 

§ 10-2055.2. Order to show cause why injuncton should not be granted; 
temporary restraint. 
A distinction exists between an order In accord with paragraph under this 

granting an injunction and an order sim- catchline in Code. See Epps v. Bryant, 
ply restraining, etc. 218 S. C. 359, 62 S. E. (2d) 832 (1950). 

§ 10-2057. Security upon injunction; how damages ascertained. 

I. REQUIREMENTS AND 218 S. C. 359, 62 S. E. (2d) 832 (1950). 

JURISDICTION. Undertaking not required on simple re- 
Purpose of section. — The issuance of a straining order. 
temporary injunction is a drastic remedy, In accord with paragraph under this 
and the terms of this section are intended catchline in Code. See Epps v. Bryant, 
to provide for protection, in favor of the 218 S. C. 359, 62 S. E. (2d) 832 (1950). 
parties enjoined, in case the injunction Increasing amount of undertaking. — See 
should ultimately be deemed improper, and note to § 10-2059. 

due compliance with these protective terms II. REMEDY FOR FAILURE 

should always be required. Epps v. Bryant, TO GIVE BOND. 

218 S. C. 359, 62 S. E. (2d) 832 (1950). Remedy when bond not required. 
However, the failure of the judge to re- In accord with paragraph under this 

quire the bond, etc. catchline in Code. See Epps v. Bryant, 

In accord with 1st paragraph under this 218 S. C. 359, 62 S. E. (2d) 832 (1950). 
catchline in Code. See Epps v. Bryant, 

§ 10-2059. Motion to vacate or modify injunction. 

This section authorizes a judge to in- bond cannot be increased where it has 

crease the amount of an undertaking fixed been fixed by the court after due notice 

in an injunction order granted on an ex and a hearing. Epps v. Bryant, 219 S. C. 

parte application, upon a proper showing 307, 65 S. E. (2d) 112 (1951). 
that said amount is inadequate for the pro- When defendant has been heard this 

tection of the defendant. Epps v. Bryant, section does not apply. 

219 S. C. 307, 65 S. E. (2d) 112 (1951). In accord with paragraph under this 
Unless such amount was fixed after due catchline in Code. See Epps v. Bryant, 

notice and hearing.— The amount of the 219 S. C. 307, 65 S. E. (2d) 112 (1951). 

CHAPTER 26. 
Mandamus 
§ 10-2103. Place of trial; damages and costs. 

Cited in Fordham v. Fordham, 223 S. C. 
401, 76 S. E. (2d) 299 (1953). 

CHAPTER 28. 
Partition. 
§ 10-2205. Jurisdiction of common pleas; sale. 

Applied in Cooley v. Cooley, 222 S. C. 
513, 73 S. E. (2d) 712 (1952). 

§ 10-2209. Allotment or sale. 

Applied in Cooley v. Cooley, 222 S. C. 
513, 73 S. E. (2d) 712 (1952). 

§ 10-2210. Sale may be ordered without writ upon testimony taken. 

Applied in Cooley v. Cooley, 222 S. C. 
513, 73 S. E. (2d) 712 (1952). 



94 



§ 10-2256 1954 Cumulative Supplement § 10-2421 

CHAPTER 29. 

Quo Warranto and Scire Facias. 

§ 10-2256. Action against usurpers, for forfeiture of office or against per- 
sons acting as corporation. 

Section inapplicable to suit for declara- be brought by the Attorney General in the 

tory judgment. — This section does not name of the State, or by a private party 

require that a suit for a declaratory judg- on leave granted by the circuit judge, 

merit to determine the validity of a statute Lee v. Clark, 224 S. C. 138, 77 S. E. (2d) 

dealing with the election of school trustees 485 (1953). 

CHAPTER 30. 
Receivership and Other Provisional Remedies. 

§ 10-2301. Appointment. 

I. GENERAL CONSIDERATION. over order to State court receiver.— Where 

This section is not invalid as an attempt receiver was appointed by State court more 

on the part of the State to exercise the than four months prior to proceedings in 

bankruptcy power, as there is no power bankruptcy under Chapter XI, 11 U. S. 

under it to discharge the debtor from its C. A. §§ 701 et seq., it was error on the 

debts. Stevens v. Carolina Scenic Stages, part of the bankruptcy court to enter an 

208 F. (2d) 332 (1953). order directing the receiver to turn over 

Appointment not subject to collateral to debtor the property held by him as re- 
attack in bankruptcy court. — If there was ceiver. Stevens v. Carolina Scenic Stages, 
error in the appointment of a receiver un- 208 F. (2d) 332 (1953). 
der this section, it would not be a matter Cited in Fagan v. Timmons, 217 S. C. 
which would subject the appointment to 432, 60 S. E. (2d) 863 (1950). 
collateral attack in the court of bankruptcy, 

since the appointing court had jurisdiction IV. SUBDIVISION (4). 

of the subject matter and the parties. Purpose bona fide liquidation. In accord 

Stevens v. Carolina Scenic Stages, 208 F. with paragraph under this catchline in Code. 

(2d) 332 (1953). See Stevens v. Carolina Scenic Stages, 208 

Bankruptcy court erred in entering turn F. (2d) 332 (1953). 

CHAPTER 31. 
Recovery oe Real Property. 

Article 1. 

General Provisions. 

§ 10-2401. Who may bring action to determine adverse claim. 

This section and §§ 10-2403 to 10-2411 They were not repealed by the Uniform 

extend the scope of the ancient suit to Declaratory Judgments Act, §§ 10-2001 to 

quiet title, resulting in a judgment of a 10-2014. Waller v. Waller, 220 S. C. 212, 

declaratory nature. Waller v. Waller, 220 66 S. E. (2d) 876 (1951). 
S. C. 212, 66 S. E. (2d) 876 (1951). 

Article 2. 

Possession and Adverse Possession. 

§ 10-2421. When possession presumed; when occupation deemed under le- 
gal title. 

I. GENERAL CONSIDERATION. Applied in Fogle v. Void, 223 S. C. 83, 

A private easement may be lost by ad- 74 S. E. (2d) 358 (1953). 
verse possession. Outlaw v. Moise, 222 S. 

C. 24, 71 S. E. (2d) 509 (1952). III. ADVERSE POSSESSION. 

But title to property dedicated to and A. Elements, 

used by the public for streets and highways 1. Possession, 

cannot be acquired by prescription or ad- The payment of taxes does not confer 

verse possession as against the State or title, but it may be an important factor 

any of its political subdivisions. Outlaw v. with reference to adverse possession, and 

Moise, 222 S. C. 24, 71 S. E. (2d) 509 also ouster by a cotenant, for it shows that 

(1952). the claimant from the beginning claimed 

95 



10-2421 



Code of Laws of South Carolina 



10-2421 



title to the land in severability, having re- 
turned it in his own name, and having paid 
the taxes thereon. Brevard v. Fortune, 221 
S. C. 117, 69 S. E. (2d) 355 (1952). 

And failure to pay taxes may be evidence 
that no claim was made. — A person in 
order to prove title by adverse possession 
does not have to show the payment of 
taxes on the land that he claims. How- 
ever, the failure to pay taxes may be re- 
garded as a circumstance that weakens a 
claim of ownership, or as evidence that no 
claim was made. Harrelson v. Reaves, 219 
S. C. 394, 65 S. E. (2d) 478 (1951); Ter- 
williger v. White, 222 S. C. 176, 72 S. E. 
(2d) 169 (1952). 

2. Continuous Period. 

Also possession of the heir may be 
tacked, etc. 

In accord with paragraph under this 
catchline in Code. See Terwilliger v. 
Daniels, 222 S. C. 191, 72 S. E. (2d) 
167 (1952); Terwilliger v. White, 222 S. C. 
176, 72 S. E. (2d) 169 (1952). 

Where one of two or more heirs con- 
tinues the occupation he had maintained 
under his ancestor who was an adverse 
holder, it will be presumed, nothing appear- 
ing to the contrary, that the possession of 
this heir is for the benefit of all the estate 
and in the right of the other heirs as well. 
And if the heir claims against a third party 
solely in his own right his possession can 
be tacked to that of the ancestor, provided 
the evidence tends either to sustain an 
ouster of his cotenant, or that his posses- 
sion was also the possession of the other 
heirs, as cotenants and equally for their 
benefit. Terwilliger v. Marion, 222 S. C. 
185, 72 S. E. (2d) 165 (1952). 

Although the grantee of a disseisor can- 
not unite his possession, etc. 

The possession of the grantor cannot be 
tacked on to that of the grantee so as to 
defeat the title of the true owner. Adams 
v. Adams, 220 S. C. 131, 66 S. E. (2d) 809 
(1951). 

3. Hostile Holding. 

An entry under a parol gift of land, 
though permissive and friendly in the pop- 
ular sense, is hostile and adverse to the 
paper title in the legal sense, because there 
is an assertion of ownership in the occu- 
pant. Harrelson v. Reaves, 219 S. C. 394, 
65 S. E. (2d) 478 (1951); Brevard v. For- 
tune, 221 S. C. 117, 69 S. E. (2d) 355 
(1952). 

B. Illustrations. 

The occupancy of a licensee is manifestly 
that of the licensor. Brevard v. Fortune, 
221 S. C. 117, 69 S. E. (2d) 355 (1952). 

And the possession of a grantor is that 
of a tenant or trustee of his grantee. 

By the execution and delivery of a deed 
of land, the entire legal interest in the 
premises vests in the grantee, and, if the 
grantor continues in possession afterward, 



his possession will be that either of tenant 
or trustee of the grantee. He will be re- 
garded as holding the premises in subser- 
viency to the grantee, and nothing short of 
an explicit disclaimer of such relation, and 
a notorious assertion of right in himself, 
will be sufficient to change the character of 
his possession and render it adverse to the 
grantee. Love v. Turner, 78 S. C. 513, 59 
S. E. 529 (1906); Griggs v. Griggs, 199 S. 
C. 295, 19 S. E. (2d) 477 (1942); Terwilli- 
ger v. White, 222 S. C. 176, 72 S. E. (2d) 
169 (1952). 

And the general rule is that the posses- 
sion of one cotenant is the possession of 
all (which is a variation of the rule that 
unexplained possession raises a presump- 
tion of adverse possession). Knotts v. 
Joiner, 217 S. C. 99, 59 S. E. (2d) 850 
(1950). 

And title by adverse possession may be 
acquired only after ouster. — Title by ten 
years' adverse possession by a cotenant 
against another may be acquired only after 
actual ouster of which the latter has no- 
tice, or should have in the exercise of 
reasonable diligence and vigilance. Wat- 
son v. Little, 224 S. C. 359, 79 S. E. (2d) 
384 (1953). 

Physical ouster of other cotenants is not 
necessary to render one cotenant's posses- 
sion adverse. — While a physical ouster, or 
"turning out by the heels," as some of 
the judges have termed it, is not necessary 
in establishing title in a tenant in common 
by adverse possession, nevertheless an ac- 
tual ouster and an exclusion of the other 
tenants from possession must be shown. 
The acts relied on to establish an ouster 
must be of an unequivocal nature, and so 
distinctly hostile to the rights of the other 
cotenants that the intention to disseize is 
clear and unmistakable. Brevard v. For- 
tune, 221 S. C. 117, 69 S. E. (2d) 355 
(1952), quoting Wells v. Coursey, 197 S. 
C. 483, 15 S. E. (2d) 752 (1941). 

But possession must be such as to amount 
to ouster. — In order that one of several 
cotenants may acquire title by adverse pos- 
session as against the others, his posses- 
sion must be of such actual, open, noto- 
rious, exclusive and hostile character as to 
amount to an ouster of the other cotenants. 
Wells v. Coursey, 197 S. C. 483, 15 S. E. 
(2d) 752 (1941); Brevard v. Fortune, 221 
S. C. 117, 69 S. E. (2d) 355 (1952). Ter- 
williger v. Marion, 222 S. C. 185, 72 S. E. 
(2d) 165 (1952). 

The hostile character of the possession 
must be such as to amount to an ouster 
of the other cotenant or cotenants and 
must be clearly and unmistakably estab- 
lished by the evidence. While the posses- 
sor need not give express notice of the 
hostility of his possession to the other or 
others, the nature of it must be brought 
home to the other owner or owners. 



96 



10-2501 



1954 Cumulative Supplement 



10-2504 



Ouster is presumed from possession only 
if it is continued for a period of twenty 
years. Watson v. Little, 224 S. C. 359, 79 
S. E. (2d) 384 (1953). 

The statute must operate prospectively 
from the time of ouster, whenceforward 
the possession of the claiming cotenant 
must conform to the requirements of ad- 
verse possession in order to ripen title in 
him. Watson v. Little, 224 S. C. 359, 79 
S. E. (2d) 384 (1953). 

And proof of exclusive possession for the 
statutory period raises a presumption of 
ouster, etc. 

In accord with paragraph under this 
catchline in Code. See Knotts v. Joiner, 
217 S. C. 99, 59 S. E. (2d) 850 (1950). 

The open, notorious, continuous, hostile 
and exclusive possession by one tenant in 
common with the use and exercise of au- 
thority incident to exclusive and adverse 
ownership for a period of twenty years 
presumes ouster, and to acquire such pos- 
session an heir 'may tack his possession to 
that of his ancestor. Wells v. Coursey, 
197 S. C. 483, 15 S. E. (2d) 752 (1941); 
Brevard v. Fortune, 221 S. C. 117, 69 S. 
E. (2d) 355 (1952). 



Ouster is presumed from possession 
only if it is continued for a period of 
twenty years. Watson v. Little, 224 S. C. 
359, 79 S. E. (2d) 384 (1953). 

And grantee of cotenant may hold ad- 
versely to other cotenants. 

In accord with paragraph under this 
catchline in Code. See Knotts v. Joiner, 
217 S. C. 99, 59 S. E. (2d) 850 (1950). 

However, possession under deed con- 
veying merely interest of grantor is prima 
facie not adverse. — If a conveyance pur- 
ports to be, not of the entire interest in 
the property, but of the interest of the 
grantor merely, the possession of the gran- 
tee is prima facie like that of his grantor, 
that of a cotenant only, and not adverse 
to the other cotenant, and the latter is 
justified in assuming this to be the case. 
Knotts v. Joiner, 217 S. C. 99, 59 S. E. 
(2d) 850 (1950). 

But minority of one cotenant will pre- 
vent operation of statute. 

In accord with 1st paragraph under this 
catchline in Code. See Adams v. Adams, 
220 S. C. 131, 66 S. E. (2d) 809 (1951). 

Evidence insufficient to show title by 
adverse possession. Phillips v. DuBose, 
223 S. C. 224, 75 S. E. (2d) 56 (1953). 



CHAPTER 32. 
Recovery of Personal Property. 



§ 10-2501. When plaintiff may claim 

Summons must be issued before proceed- 
ing commenced. — Under the terms of this 
section a proceeding to obtain immediate 
delivery of property may not be com- 
menced until the summons has been issued. 
Plowden v. Mack, 217 S. C. 226, 60 S. E. 
(2d) 311 (1950). _ 

And this provision is mandatory. — The 
provision of this section that the summons 
must be issued before the proceeding for 
immediate possession is commenced is 
mandatory. Thus where no summons was 
issued until four days after the property 
was seized by the sheriff, this omission 
invalidated the seizure. Plowden v. Mack, 
217 S. C. 226, 60 S. E. (2d) 311 (1950). 

And voluntary appearance by defendant 
does not validate wrongful seizure. — While, 
by filing a petition in the cause attacking 

§ 10-2503. Affidavit and its requisites. 

And is not necessary unless immediate 
delivery claimed. 

In accord with paragraph under this 
catchline in Code. See Plowden v. Mack, 
217 S. C. 226, 60 S. E. (2d) 311 (1950). 



immediate delivery. 

the validity of the proceedings, defendant 
voluntarily appeared and waived the neces- 
sity of a summons, where this occurred four 
days after the property had been seized it 
did not have the effect of validating the 
wrongful seizure. Plowden v. Mack, 217 S. 
C. 226, 60 S. E. (2d) 311 (1950). 

But the requirements of this section 
need not be met unless plaintiff desires to 
obtain immediate possession. The proce- 
dure set forth in these sections constitutes 
solely a subsidiary or ancillary remedy 
which the plaintiff may at his option pur- 
sue. Plowden v. Mack, 217 S. C. 226, 
60 S. E. (2d) 311 (1950). 

And plaintiff is entitled to have his ac- 
tion for possession of property tried though 
seizure was illegal. Plowden v. Mack, 217 
S. C. 226, 60 S. E. (2d) 311 (1950). 



Verified complaint may be used to aug- 
ment affidavit. Plowden v. Mack, 217 S. 
C. 226, 60 S. E. (2d) 311 (1950). 

Cited in Rhode v. Ray Waits Motors, 
223 S. C. 160, 74 S. E. (2d) 823 (1953). 



§ 10-2504. Requisition to sheriff to take and deliver property. 

Requirements of section need not be 60 S. E. (2d) 311 (1950). 
met unless plaintiff desires immediate pos- Cited in Rhode v. Ray Waits Motors, 

session. Plowden v. Mack, 217 S. C. 226, 223 S. C. 160, 74 S. E. (2d) 823 (1953). 



97 



§ 10-2505 Code of Laws of South Carolina § 11-101 

§ 10-2505. When sheriff to take property ; security required. 

Bond not mandatory unless immediate 217 S. C. 226, 60 S. E. (2d) 311 (1950). 
possession desired. Cited in Rhode v. Ray Waits Motors, 

In accord with paragraph under this 223 S. C. 160, 74 S. E. (2d) 823 (1953). 
catchline in Code. See Plowden v. Mack, 

§ 10-2507. Service of papers on defendant. 

Requirements of section need not be session. Plowden v. Mack, 217 S. C. 226, 
met unless plaintiff desires immediate pos- 60 S. E. (2d) 311 (1950). 

CHAPTER S3. 
Remedies of Minor Incompetents and Females. 

Article 3. Sec. 

Adoption. 10-2587. Gift to adopted illegitimate child. 

Sec. 

10-2584. Order of court and change of 
name. 

Article 3. 

Adoption. 
§ 10-2581. Petition for adoption. 

Adoption exists in this State only by vir- 
tue of statutory law. Driggers v. Jolley, 
219 S. C. 31, 64 S. E. (2d) 19 (1951). 

§ 10-2584. Order of court and change of name. 

The court, upon an examination into the merits of the petition either in open 
court or upon reference may grant the prayer thereof upon such terms as may 
to the court seem proper and the name of the child shall be changed, if so pro- 
vided in the decree. 

1942 Code § 8679; 1932 Code § 8679; Civ. C. '22 § 5578; Civ. C. '12 § 3798; Civ. C. 
'02 § 2704; R. S. 2204; 1882 (21) 79; 1896 (22) 199; 1900 (23) 429; 1907 (25) 581; 1911 
(27) 144; 1954 (48) 1763. 

Effect of amendment. — All after the 1954 (48). See § 19-52.11, inheritance by or 
word "decree" eliminated by A. & J. R. from adopted children. 

§ 10-2587. Gift to adopted illegitimate child. 

No person who adopts any illegitimate child shall give to such child by deed 
or otherwise except by will any greater portion of his estate than is allowed by 
law unless such person has no lawful wife or issue living at the time of his death. 

1942 Code § 8679; 1932 Code § 8679; Civ. C. '22 § 5578; Civ. C. '12 § 3798; Civ. C. 
'02 § 2704; R. S. 2204; 1882 (21) 79; 1896 (22) 199; 1900 (23) 429; 1907 (25) 581; 1911 
(27) 144; 1954 (48) 1763. 

Effect of admendment. — Inheritance by nated by A. & J. R. 1954(48) 1763. See § 
adopted illegitimate child provisions elimi- 19-52.11. 



Title 11. 
Contracts and Agency. 

CHAPTER 3. 
Statutes of Frauds. 
§ 11-101. Agreements required to be in writing. 

I. GENERAL CONSIDERATION. of the operation of the statute, and this is 

Failure or refusal to perform is not ordinarily true even though the other party 

fraud taking contract out of statute. — A has changed his position to his injury. 

mere failure or refusal to perform an oral United Merchants & Manufacturers v. 

contract, within the statute of frauds, is South Carolina Elec, etc., Co., 113 F. 

not such fraud as will take the case out Supp. 257 (1953). 

98 



11-101 



1954 Cumulative Supplement 



§ 11-101 



Statute of frauds may not be set up as 
protection of fraud. — Statute of frauds being 
designed as a protection against fraud, 
equity will not allow it to be set up as 
protection or support of fraud, and although 
equity will not execute, specifically, con- 
tracts concerning lands which are not mani- 
fested in writing as required by this sec- 
tion, it will cancel conveyances obtained by 
fraudulent misrepresentations in parol, or 
impose upon legal owners character of 
trustees. Gardner v. Nash, __ S. C. _, 82 
S. E. (2d) 123 (1954). 

IV. CONTRACTS RELATING 
TO LAND. 

A parol gift of land does not and can- 
not ipso facto transfer the title to the land. 
Brevard v. Fortune, 221 S. C. 117, 69 S. E. 
(2d) 355 (1952). 

But it may ripen into title by adverse 
possession. — It is well established in this 
State that a parol gift of land may ripen 
into title where accompanied by actual 
possession for the statutory period, with 
claim of ownership, and under such a gift 
the donee's possession is adverse from its 
inception. Harrelson v. Reaves, 219 S. C. 
394, 65 S. E. (2d) 478 (1951); Brevard v. 
Fortune, 221 S. C. 117, 69 S. E. (2d) 355 
(1952)._ 

Equity will nullify conveyances obtained 
by fraudulent misrepresentations in parol. — 
Statute of frauds being designed as a pro- 
tection against fraud, equity will not allow 
it to be set. up as protection or support of 
fraud, and although equity will not execute, 
specifically, contracts concerning lands 
which are not manifested in writing as re- 
quired by this section, it will cancel con- 
veyances obtained by fraudulent misrepre- 
sentations in parol, or impose upon legal 
owners character of trustees. Gardner v. 
Nash, _.. S. C. .... 82 S. E. (2d) 123 (1954). 

Parol agreement to purchase for another 
at judicial sale. — In absence of fraud in sale 
and action merely for enforcement of oral 
agreement whereby purchaser agreed to 
bid in land at judicial sale and later, upon 
being reimbursed, reconvey same to mort- 
gagor-debtor, the statute of frauds would 
not allow the agreement to be established 
by parol. Gardner v. Nash, _._. S. C. , 82 
S. E. (2d) 123 (1954). 

Nor to person who agreed to bid for 
another at auction. 

In accord with paragraph under this 
catchline in Code. See Gardner v. Nash, 
_. S. C. ...., 82 S. E. (2d) 123 (1954). 

Applied in Smith v. Traxler, 224 S. C. 
290, 78 S. E. (2d) 630 (1953). 

V. AGREEMENT NOT TO BE 

PERFORMED WITHIN 

YEAR. 

The statute of frauds is a complete de- 
fense to a claim for damages that the de- 
fendant has breached an oral contract that 



could not be performed within the space 
of a year. United Merchants & Manufac- 
turers v. South Carolina Elec, etc., Co., 
113 F. Supp. 257 (1953). 

But contract must show on its face that 
it is incapable of performance within year. 
— Unless an alleged parol contract shows 
on its face that it is not capable of being 
performed within one year, it does not 
contravene the statute of frauds. There 
must be a negation of the right to perform 
the contract within a year. Elkins v. Ply- 
woods-Plastics Corps., 219 S. C. 296, 65 S. 
E. (2d) 243 (1951). 

This statute does not apply, etc. 

In accord with paragraph under this 
catchline in Code. See Joseph v. Sears 
Roebuck & Co., 224 S. C. 105, 77 S. E. (2d) 
583 (1953). 

And is not applicable where contingency 
may occur, etc. 

In accord with 1st paragraph under this 
catchline in Code. See Joseph v. Sears 
Roebuck & Co., 224 S. C. 105, 77 S. E. (2d) 
583 (1953). 

Such as oral contract of insurance. 

In accord with 1st paragraph under this 
catchline in Code. See Joseph v. Sears 
Roebuck & Co., 224 S. C. 105, 77 S. E. (2d) 
583 (1953). 

An oral warranty that a pressure cooker 
sold to plaintiff by defendant was not 
dangerous and would not explode was one 
subject to a contingency which might 
occur within one year after its making and 
therefore not within the statute. Joseph 
v. Sears Roebuck & Co., 224 S. C. 105, 77 
S. E. (2d) 583 (1953). 

Order submitting question of intention 
of parties to jury held proper. Elkins v. 
Plvwoods-Plastics Corp., 219 S. C. 296, 65 
S. E. (2d) 243 (1951). 

VII. PART PERFORMANCE. 

Part performance may take oral contract 
to make will out of statute. 

A parol contract to devise real estate in 
exchange for services, when it is fully 
established by clear and convincing proof 
and has been performed by the party ask- 
ing relief, will be enforced by a court of 
equity. McLauchlin v. Gressette, 224 S. C. 
296, 79 S. E. (2d) 149 (1953). 

Evidence held sufficient to establish an 
oral contract to make a will and perform- 
ance sufficient to take the case out of the 
statute of frauds. Kirkpatrick v. Kirkpat- 
rick, 223 S. C. 357, 75 S. E. (2d) 876 
(1953). 

A donee may have a decree for specific 
performance of a parol gift of land, pro- 
vided there is sufficient partial performance 
to take the case out of the statute of frauds, 
such as full possession thereunder and the 
making of permanent and valuable im- 
provements to the property. Brevard v. 
Fortune, 221 S. C. 117, 69 S. E. (2d) 355 
(1952). 



99 



§ 12-1 Code of Laws of South Carolina § 12-63 

Title 12 
Corporations. * 

Chap. 1. General Provisions, §§ 12-1 to 12-2.2. 

2. Creation and Organization of Corporations Generally, §§ 12-52, to 12- 

63. 
4. Capital Stock and Stockholders ; Bonds, §§ 12-247 to 12-287. 
11. Foreign Corporations, §§ 12-708 to 12-732.1. 

CHAPTER 1. 

General Provisions. 

^ec. 

12-1 to 12-2.2. [Repealed.] 

§§ 12-1 to 12-2.2. Annual reports of domestic corporations; verification 
thereof; penalties; etc. 

Repealed by A. & J. R. 1953 (48) 301. 

Cross reference. — See now §§ 65-621 to 
65-640. 

CHAPTER 2. 

Creation and Organization of Corporations Generally. 

Article 1. Sec. 

Creation and Organization. 12-63. Charters perpetual; liquidation. 

Sec. 

12-52. Initial meeting of subscribers; elec- 
tion of board. 

Article 1. 
Creation and Organisation. 
§ 12-52. Initial meeting of subscribers; election of board. 

Two or more persons desiring to form a corporation for any purpose whatso- 
ever or two or more combined (except for municipal purposes and except also 
for a railroad, railway, turnpike, canal or steamboat corporation) shall when not 
less than fifty per cent of the proposed capital stock shall have been subscribed 
by bona fide subscribers call the subscribers together. At such meeting of the sub- 
scribers, a majority of them in value being present in person or by proxy, the sub- 
scribers shall proceed to the organization of the proposed corporation by the elec- 
tion from among themselves of a board of directors, trustees or managers of such 
number as they may deem proper, not to exceed seventeen in number. Such board 
shall manage the affairs of the proposed corporation until their successors shall 
have been elected and shall have qualified according to the constitution and bylaws 
of the proposed corporation. 

1942 Code §§ 7726, 7729; 1932 Code §§ 7726, 7729; Civ. C. '22 §§ 4301; Civ. C. '12 
§§ 2834, 2837; Civ. C. '02 §§ 1880, 1883; 1896 (22) 92, 94; 1897 (22) 522; 1900 (23) 386; 
1903 (24) 75; 1920 (31) 754; 1923 (33) 157; 1936 (39) 1337; 1952 (47) 2173. 

Effect of amendment. — The amendment 
increased the maximum number of direc- 
tors from fifteen to seventeen. 

§ 12-63. Charters perpetual; liquidation. 

All charters granted under the provisions of this chapter shall continue of force 
perpetually unless limited by the terms of the petition ; provided, that all corpora- 
tions shall always have the right to go into liquidation and to wind up their affairs 
upon a stockholders' vote representing a majority of capital stock had after such 
notice as is provided in § 12-642. 

* As to incorporation of cooperative credit unions, see § 8-702. 

100 



§ 12-101 1954 Cumulative Supplement § 12-287 

1942 Code § 7743; 1932 Code § 7743; Civ. C. *22 § 4317; Civ. C. '12 § 2848; Civ. C. 
'02 § 1891; 1896 (22) 97; 1897 (22) 524; 1898 (22) 771; 1953 (48) 245. 

Effect of amendment. — The amendment same type of notice no change of sub- 
changed the reference from § 12-403 to § stance was effected. 
12-642 but as each section provides for the 

CHAPTER 3. 
Powers of Corporations Generally. 
§ 12-101. Powers of all private corporations. 

Rural electric cooperative, organized un- Electrical Cooperative, 118 F. Supp. 868 
der §§ 12-1001 et seq., is not subject to (1954). 
suit in tort. Byrd v. Blue Ridge Rural 

CHAPTER 4. 
Capital Stock and Stockholders ; Bonds. 

Article 1. 
General Provisions. 
§ 12-201. Dividends to be paid only out of earnings or earned surplus. 

Stated in Industrial Equipment Co. v. 
Montague, 224 S. C. 510, 80 S. E. (2d) 
(114) (1954). 

CHAPTER 4. 

Capital Stock and Stockholders ; Bonds. 

Article 4. Article 7. 

Certificates of Stock. Increase and Decrease of Capital Stock. 

Sec. Sec. 

12-247. Issuance of duplicate account books 12-287. Automatic increase or decrease for 

by building and loan association. building and loan associations. 

Article 4. 

Certificates of Stock. 

§ 12-247. Issuance of duplicate account books by building and loan associa- 
tions. 

Notwithstanding the provisions of §§ 12-242 and 12-243, upon the filing with a 
State chartered building and loan association by the holder of record as shown by 
the books of the association, or by his legal representative, of an affidavit to the 
effect that the certificate or account book evidencing his savings account with the 
association has been lost or destroyed and such certificate or account book has not 
been pledged or assigned in whole or in part, such State chartered association 
may issue a new certificate or account book evidencing such savings account in 
the name of the holder of record. The board of directors shall, whenever in its 
judgment it is necessary, require advertisement as provided in § 12-242 or the 
filing of a bond as provided in § 12-243, or both. 

1954 (48) 1701. 

Article 7. 

Increase and Decrease of Capital Stock. 

§ 12-287. Automatic increase or decrease for building and loan associations. 

Notwithstanding the provisions of §§ 12-271 to 12-286, the capital stock of any 
building and loan association chartered by this State shall not be limited to the 
amount stated in its original charter or by any amendment thereto but such capital 
stock shall be increased or decreased automatically so as to equal at all times the 

101 



§ 12-361 Code of Laws of South Carolina § 12-461 

aggregate of payments on shares of stock, either fully paid or installment accounts, 
plus dividends credited to such accounts, less redemptions and withdrawals. 
1954 (48) 1723. 

CHAPTER 6. 

Officers and Directors. 

Article 2. 

Nonresident Directors. 

§ 12-361. Secretary of State attorney for service of process on nonresident 
directors. 

Constitutionality. — Where a state has an nonresident corporate director and this 

interest in regulating operations and trans- section, being neither an arbitrary nor un- 

actions by nonresidents, it has power to reasonable attempt to exercise the authority 

enact appropriate legislation for the bring- vested in it in the public interest, are not 

ing of a nonresident into its forum in ac- constitutionally objectionable as denying 

tions affecting his transactions in that state, due process. Wagenberg v. Charleston 

and § 10-432.1 providing for service upon Wood Products. 122 F. Supp. 745 (1954). 

§ 12-363. Secretary of corporation to report nonresident directors to Sec- 
retary of State. 

Stated in Wagenberg v. Charleston 
Wood Products, 122 F. Supp. 745 (1954). 

CHAPTER 8. 
Merger and Consolidation in General. 
§ 12-451. Right to consolidate or merge. 

Applied in Johnson v. Baldwin, 221 S. Cited in lohnson v. Abney Mills, 219 S. 

C. 141, 69 S. E. (2d) 585 (1952). C. 231, 64 S. E. (2d) 641 (1951). 

§ 12-457. Effect of consolidation. 

Applied in Johnson v. Baldwin, 221 S. 
C. 141, 69 S. E. (2d) 585 (1952). 

§ 12-459. Dissenting stockholders to be paid value of stock. 

Purpose of §§ 12-459 to 12-462. — The son v. Baldwin, 221 S. C. 141, 69 S. E. 

remedy of appraisal and payment pro- (2d) 585 (1952). 

vided in §§ 12-459 to 12-462 was intended And dissenting shareholder is put to an 

to afford fair and just compensation to election. — A dissenting stockholder is put 

the dissenters and at the same time pro- to an election by a statute of this kind, 

vide a method by which their objections Of course there may be circumstances un- 

could be fairly composed so as to enable der which the duty to make an election 

the consolidation to proceed. Johnson v. does not arise. For instance, if the merger 

Baldwin, 221 S. C. 141, 69 S. E. (2d) 585 is not authorized by law or if brought 

(1952). about through fraudulent conduct, the dis- 

There is no underlying "natural right" senting stockholder has the right to go in 

of a shareholder to follow his investment a court of equity and seek an injunction 

into a consolidated corporation. Johnson against consummation of the merger, 

v. Baldwin, 221 S. C. 141, 69 S. E. (2d) Johnson v. Baldwin, 221 S. C. 141, 69 S. 

585 (1952). E. (2d) 585 (1952). 

Sections 12-459 to 12-462 enter into and Applied in Johnson v. Abney Mills, 219 

form a part of the contract between the S. C. 231, 64 S. E. (2d) 641 (1951). 
corporation and the stockholders. John- 

§ 12-461. Dissenting stockholder ceases to be stockholder; rights thereof. 

A dissenting stockholder ceases to be a within the time required by statute, de- 
stockholder in the constituent corporation manded payment for her stock and peti- 
upon making demand for the payment of tioned the court for the appointment of 
his stock. Johnson v. Baldwin, 221 S. C. appraisers, and there was no showing that 
141, 69 S. E. (2d) 585 (1952). she was induced to make this demand 

And may not thereafter withdraw his through fraudulent concealment or false 

demand and resume his status as a stock- representations as to the facts, or through 

holder. — Where a dissenting stockholder, mistake, she was bound by her election 

102 



§ 12-463 1954 Cumulative Supplement § 12-644 

and could not thereafter withdraw her Baldwin, 221 S. C. 141, 69 S. E. (2d) 585 

demand and restore her status as a stock- (1952). 

holder. Johnson v. Baldwin, 221 S. C. 141, He has no standing to maintain a deri- 

69 S. E. (2d) 585 (1952). vative action against the directors. — A dis- 

Although he remains nominally a stock- senting stockholder who has made demand 

holder for a transitory period. — After a for the payment of his stock, having ceased 

dissenting stockholder has made demand to be a stockholder, has no standing to 

for the payment of his stock, there is a continue a stockholder's derivative action 

transitory period when he is such in name against the directors of the constituent 

only with none of the ordinary incidents corporation for mismanagement and waste, 

or rights of a stockholder. Johnson v. Johnson v. Baldwin, 221 S. C. 141, 69 S. 

E. (2d) 585 (1952). 

§ 12-463. Effect of consolidation on actions pending 1 . 

Quoted in Johnson v. Baldwin, 221 S. 
C. 141, 69 S. E. (2d) 585 (1952). 

§ 12-464. Certain liabilities and rights not affected. 

Right of stockholder to bring deriva- creditor of a corporation whose rights are 

tive action against directors not preserved. preserved under this section. Johnson v. 

—The derivative right of a stockholder to Baldwin, 221 S. C. 141, 69 S. E. (2d) 585 

bring action against the directors for mis- (1952). 
management and waste is not that of a 

CHAPTER 10. 
Dissolution and Transfer of All Assets. 

Article 1. 

General Provisions. 

§ 12-601. Continuance for closing- affairs after expiration, dissolution, etc. 

Quoted in dissenting opinion Stukes, Westbrook Advance Sheets, No. 16922, 
A. J., in Foster, Admx. v. Rulane Gas Co., filed Nov. 1, 1954. 

§ 12-608. Recording' cancellation or surrender of charters. 

Cited in dissenting opinion Stukes, A. J., brook Advance Sheets, No. 16922, filed 
in Foster, Admx. v. Rulane Gas Co., West- Nov. 1, 1954. 

Article 3. 
Sale of Major Assets. 
§ 12-635. Effect of payment. 

When interest of dissenting stockholder or provision made for payment. Johnson 

ceases. — Under this section the interest of v. Baldwin, 221 S. C. 141, 69 S. E. (2d) 

the dissenting stockholder in his stock does 585 (1952). 
not cease until he has been paid its value 

Article 4. 
Voluntary Dissolutions. 
§ 12-644. Dissolution not to bar action. 

Quoted in dissenting opinion Stukes, Westbrook Advance Sheets, No. 16922, 
A. J., in Foster, Admx. v. Rulane Gas Co., filed Nov. 1, 1954. 

CHAPTER 11. 

Foreign Corporations. 

Article 1. Article 3. 

General Provisions. Fees and Annual Reports. 

Sec. Sec. 

12-708. Copies of papers to be furnished 12-732, 12-732.1. [Repealed.] 
and received in evidence. 

103 



§ 12-703 



Code of Laws of South Carolina 



12-732.1 



Article 1. 
General Provisions. 
§ 12-703. Contracts with citizens deemed made in State. 

Applied in Meinhard, Greeff & Co. v. Maryland Casualty Company, 123 F. Supp. 
Edens, 189 F. (2d) 792 (1951); Schafer v. 873 (1954). 

§ 12-705. Foreign corporations subject to laws of State. 

Stated in dissenting opinion Stukes, Cited in dissenting opinion Stukes, A. J., 

A. J., in Foster, Admx. v. Rulane Gas Co., in Foster, Admx. v. Rulane Gas Co., West- 

Westbrook Advance Sheets, No. 16922, brook Advance Sheets, No. 16922, filed 

filed Nov. 1, 1954. Nov. 1, 1954. 

§ 12-708. Copies of papers to be furnished and received in evidence. 

Any person applying therefor shall be entitled to copies, duly certified, of all 
papers required to be filed under the provisions of this chapter upon payment of 
the required fees. Certified copies of such papers shall be admitted in the courts 
as competent evidence of all matters appearing theron. 

1942 Code § 7772; 1932 Code § 7772; Civ. C. '22 § 4031; Civ. C. '12 § 2667; Civ. C. 
'02 § 1782; R. S. 1468; 1953 (48) 190. 



Effect of amendment. — The amendment 
act recites that a portion of § 7772 of the 
Code of 1942 was omitted when that sec- 
tion was recodified as § 12-708 of the Code 
of 1952 and hence the second sentence of 



the section was added. The omission of 
the second sentence in the 1952 Code was, 
however, deliberate as its substance was 
covered by § 26-101 and its re-enactment 
is therefore surplusage. 



Article; 2. 
Qualification and Withdrawl. 



§ 12-721. Stipulation to be filed by foreign corporations. 

This and §§ 12-722 and 10-424, which A. J 
constituted a single section in 1942 Code 
(§ 7765), must be construed together. 

Foster, Admx. v. Rulane Gas Co., West- 
brook Advance Sheets, No. 16922, filed 
Nov. 1, 1954, concurring opinion Legge, 

§ 12-722. Effect of failure to file. 

Resident of this State cannot obtain 
jurisdiction in this State of foreign cor- 
poration previously domesticated in this 
State, upon a cause of action arising in an- 
other state and not connected with any 
business activities in this State of the 
foreign corporation, by service of sum- 
mons and complaint upon Secretary of 
State of this State, after foreign corpora- 
tion had withdrawn from this State. Foster, 
Admx. v. Rulane Gas Co., Westbrook 
Advance Sheets, No. 16922, filed Nov. 1, 



Cited in dissenting opinion Stukes, A. J., 
in Foster, Admx. v. Rulane Gas Co., West- 
brook Advance Sheets, No. 16922, filed 
Nov. 1, 1954. 



1954. 

This and §§ 12-721 and 10-424, which 
constituted a single section in 1942 Code 
(§ 7765), must be construed together. 

Foster, Admx. v. Rulane Gas Co., West- 
brook Advance Sheets, No. 16922, filed 
Nov. 1, 1954, concurring opinion Legge, 
A. J. 

Cited in dissenting opinion Stukes, A. J., 
in Foster, Admx. v. Rulane Gas Co., West- 
brook Advance Sheets, No. 16922, filed 
Nov. 1, 1954. 



§ 12-723. Resignation of agent appointed. 

Cited in dissenting opinion Stukes, A. J., brook Advance Sheets, No. 16922, filed 
in Foster, Admx. v. Rulane Gas Co., West- Nov. 1, 1954. 

§ 12-725. Withdrawl of foreign corporations. 

Cited in dissenting opinion Stukes, A. J., brook Advance Sheets, No. 16922, filed 
in Foster, Admx. v. Rulane Gas Co., West- Nov. 1, 1954. 

Article 3. 
Fees and Annual Reports. 

§§ 12-732, 12-732.1. Reports to Tax Commission; exceptions. 

Repealed by A. & J. R. 1953 (48) 301. 
Cross reference. — See now §§ 65-621 to 
65-640. 



104 



12-751 



1954 Cumulative Supplement 



12-1005 



CHAPTER 12. 
Charitable, Social and Religious Corporations. 



F. (2d) 542 (1954), reversing 118 F. Supp. 
868. 

Cited in Piedmont Interstate Fair Ass'n 
v. Bean, 209 F. (2d) 942 (1954). 



§ 12-751. Incorporation authorized. 

It is to corporations formed under this 
chapter that exemption from liability for 
tort has been extended by the Supreme 
Court of South Carolina. Byrd v. Blue 
Ridge Rural Electrical Cooperative, 215 

§ 12-758. Powers of corporation. 

Applied in Frierson v. Porter Academy, trical Cooperative, 215 F. (2d) 542 (1954), 
217 S. C. 168, 60 S. E. (2d) 82 (1952). reversing 118 F. Supp. 868. 

Cited in Byrd v. Blue Ridge Rural Elec- 

CHAPTER 13. 
Cooperative Associations Generally. 
§ 12-801. Definition. 

A cooperative organized under this chap- 
ter or the Rural Electric Cooperative Act, 
§§ 12-1001 et seq., is not a charitable cor- 
poration in the sense in which this term 

§ 12-815. Powers of association. 

Stated in Byrd v. Blue Ridge Rural 
Electrical Cooperative, 215 F. 2d 542 
(1954), reversing 118 F. Supp. 868. 

CHAPTER 15. 
Rural Electric Cooperative Act. 

Article 1. 
General Provisions. 



is used in the laws of South Carolina. 
Bvrd v. Blue Ridge Rural Electrical Coop- 
erative, 215 F. (2d) 542 (1954), reversing 
118 F. Supp. 868. 



§ 12-1001. Short title. 

This chapter is not unconstitutional as 

a special instead of a general law in vio- 
lation of S. C. Const., Art. 3, § 3. Book- 
hart v. Central Elec. Power Cooperative, 
219 S. C. 414, 65 S. E. (2d) 781 (1951). 

A cooperative organized under chapter 
13, § 12-801 et seq. or under this chapter 
is not a charitable corporation in the sense 
in which this term is used in the laws of 
South Carolina. Byrd v. Blue Ridge Rural 
Electrical Cooperative, 215 F. (2d) 542 
(1954), reversing 118 F. Supp. 868 (1954). 

Rural electric cooperative not exempt 

§ 12-1002. Definitions. 

Quoted in Bookhart v. Central Elec. 
Power Cooperative, 222 S. C. 289, 72 S. 
E. (2d) 576 (1952). 

§ 12-1005. Exemption from control of 

This chapter does not limit the author- 
ized activities of an electric cooperative to 
rural areas not having existing electric 
service; this section indicates a contrary 
intention. Bookhart v. Central Elec. Power 
Cooperative, 222 S. C. 289, 72 S. E. (2d) 
576 (1952). 

But exemption from jurisdiction of the 
Public Service Commission does not free 



from liability for tort either as a public 
body or as a charitable organization, which 
are the only corporations so exempt under 
the decisions of the Supreme Court of 
South Carolina. Byrd v. Blue Ridge Rural 
Electrical Cooperative, 215 F. (2d) 542 
(1954), reversing 118 F. Supp. 868 (1954). 

Cited in Bookhart v. Central Elec. 
Power Cooperative, 222 S. C. 289, 72 S. 
E. (2d) 576 (1952); Byrd v. Blue Ridge 
Rural Electrical Cooperative, 118 F. Supp. 
868 (1954); 215 F. (2d) 542 (1954), revers- 
ing 118 F. Supp. 868. 



Public Service Commission. 

the cooperatives from rate and other regu- 
lations. Such regulation is a proper exer- 
cise of the police power, provided it does 
not violate constitutional limitations or 
restrictions. This power may be exercised 
directly by the legislature, or indirectly 
through municipal corporations, boards, 
commissions, or other governmental bodies 
and agencies, to which the power has 



105 



§ 12-1006 



Code of Laws of South Carolina 



§ 12-1031 



been lawfully delegated. Bookhart v. Cen- trical Cooperative, 118 F. Supp. 868 (1954), 

tral Elec. Power Cooperative, 219 S. C. 215 F. (2d) 542 (1954), reversing 118 F. 

414, 65 S. E. (2d) 781 (1951). Supp. 868. 
Stated in Byrd v. Blue Ridge Rural Elec- 

§ 12-1006. Securities Act not applicable. 

Securities and evidences of indebtedness 118 F. Supp. 868 (1954) 
issued by a rural electric cooperative are 
exempt from the provisions of the South 
Carolina Securities Act (Title 62). Byrd v. 
Blue Ridge Rural Electrical Cooperative, 

§ 12-1013. Annual fees. 

Rural electric cooperative is exempt from 
all excise and income taxes except the fee 
required by this section. Byrd v. Blue 
Ridge Rural Electrical Cooperative, 118 F. 
Supp. 868 (1954). 

Rural electric cooperatives serve a bene- 
ficial public purpose and their exemption 
from taxation is accordingly justified on 
this ground. Byrd v. Blue Ridge Rural 



Stated in Byrd v. Blue Ridge Rural 
Electrical Cooperative, 215 F. (2d) 542 
(1954), reversing 188 F. Supp. 868. 



Electrical Cooperative, 215 F. (2d) 542 
(1954), reversing 118 F. Supp. 868. 

Stated in Bvrd v. Blue Ridge Rural Elec- 
trical Cooperative, 215 F. (2d) 542 (1954), 
reversing 118 F. Supp. 868. 

Cited in Bookhart v. Central Elec. 
Power Cooperative, 219 S. C. 414, 65 S. E. 
(2d) 781 (1951). 



Article 2. 
Incorporation; Bylazvs and Pozvcrs. 
§ 12-1021. For what purpose organized. 



Cooperatives organized under this chap- 
ter are public service corporations. Book- 
hart v. Central Elec. Power Cooperative, 
219 S. C. 414, 65 S. E. (2d) 781 (1951). 



§ 12-1025. Powers of cooperative. 

A rural electric cooperative's corporate 
purpose is a public one. Bookhart v. Cen- 
tral Elec. Power Cooperative, 222 S. C. 
289, 72 S. E. (2d) 576 (1952). 

And its exercise of the power of eminent 
domain is constitutional. — Exercise by a 
rural electric cooperative of the power of 
eminent domain is not in violation of the 
State and federal constitutions on the 
ground that the use to which the property 
is proposed to be put is private rather than 
public, since such cooperatives are pub- 
lic corporations, and their use and function 
public, rather than private. Bookhart v. 
Central Elec. Power Cooperative, 219 S. 
C. 414, 65 S. E. (2d) 781 (1951). 

It is under obligation to render nondis- 
criminatory service. — A cooperative or- 
ganized under this chapter is public in its 
nature and purpose, with the expressly 
delegated power of eminent domain, which 
inevitably results in the obligation to rea- 
sonably render nondiscriminatory service. 
That affords protection to the public, in- 
cluding applicants for membership, from 
arbitrary action by way of exclusion from 



Quoted in Bookhart v. Central Elec. 
Power Cooperative, 222 S. C. 289, 72 S. 
E. (2d) 576 (1952); also Byrd v. Blue 
Ridge Rural Electrical Cooperative, 118 F. 
Supp. 868 (1954). 



membership or otherwise. Bookhart v. 
Central Elec. Power Cooperative, 219 S. 
C. 414, 65 S. E. (2d) 781 (1951). 

A rural electric power cooperative has 
been given authority by the General As- 
sembly to condemn rights of way. Book- 
hart v. Central Elec. Power Cooperative, 
222 S. C.289, 72 S. E. (2d) 576 (1952). 

Subsection (8) of this section gives a 
rural electric cooperative broad authoriza- 
tion to contract in reference to its trans- 
mission system, and the South Carolina 
Public Service Authority has the power 
to contract with the cooperative for use of 
such sytem to deliver the electric energy 
produced by it to its customers, license to 
do which it has in the act creating it. Book- 
hart v. Central Elec. Power Cooperative, 
222 S. C. 289, 72 S. E. (2d) 576 (1952). 

Rural electric cooperative is not subject 
to suit in tort. Byrd v. Blue Ridge Rural 
Electrical Cooperative, 118 F. Supp. 868 
(1954). 

Stated in Byrd v. Blue Ridge Rural Elec- 
trical Cooperative, 215 F. (2d) 542 (1954), 
reversing 118 F. Supp. 868. 



Article 3. 
Provisions Affecting Members. 
§ 12-1031. Membership. 

Cooperative must make membership its purpose. — Implicit in the purpose for 
available to all coming within purview of which cooperatives are authorized by § 12- 

106 



§ 12-1037 



1954 Cumulative Supplement 



12-1037 



1021, that "of supplying electric energy 
and promoting and extending the use 
thereof in rural areas," is the obligation of 
such corporations to make membership 
available, without arbitrary or unreason- 
able limitations thereon, to all coming 
within the purview of that purpose. Book- 
hart v. Central Elec. Power Cooperative, 
215 S. C. 414, 65 S. E. (2d) 781 (1951). 

The customers, which are called "mem- 
bers," of the cooperatives, are in the ter- 
ritories of their operation the "public" 
which must be reasonably served, and to 

§ 12-1037. Refunds to members. 

Limitations as to funds. — Rural electric 
cooperative has only the limited powers 
with regard to its funds as set forth in this 



whom the service must be available on 
equal terms, in order to satisfy the un- 
doubted rule that the power to condemn 
can only be delegated for, at least princi- 
pally, a public use. There is no "public" 
which is separable from the members in 
the rural areas where the cooperatives do 
business; and they at once take the place 
of the stockholders and customers of pri- 
vately owned utilities; they are both own- 
ers and customers. Bookhart v. Central 
Elec. Power Cooperative, 219 S. C. 414, 
65 S. E. (2d) 781 (1951). 



section. Byrd v. Blue Ridge Rural Elec- 
trical Cooperative, 118 F. Supp. 868 (1954). 



107 



CODE OF LAWS 

OF 

SOUTH CAROLINA 

1952 



1954 Cumulative Supplement 



ANNOTATED 



Prepared under the supervision and direction of the 
Code Commissioner and the Committee on Statutory 
Laws of the General Assembly of South Carolina 



IN EIGHT VOLUMES 

VOLUME 2 



TITLES 13 TO 20 



Place in Pocket of Volume 2 of Main Set 



FURMAN R. GRESSETTE 
St. Matthews, S. C. 

THE R. L. BRYAN COMPANY 

Columbia, S. C. 

1954 



Copyright 1954 

BY 

The State of South Carolina 



NOTICE 

This pocket supplement is not official. At the direction 
of the Committee on Statutory Laws the Acts as enacted 
have been edited in various particulars to conform them 
to the style and arrangement of the Code of 1952 and to 
make them more readily usable by the practitioner for 
ordinary work. For further details see the Foreword in 
the Pocket Supplement to Volume 1. 



Code of Laws of South Carolina 

1952 



1954 CUMULATIVE SUPPLEMENT 



Title 13. 
Cotton. 

Chap. 2. Weighers and Weighing, §§ 13-112.1 to 13-271.1. 



CHAPTER 2. 

Weighers and Weighing. 

Article 1. Article 8. 

General Provisions. Compensation and Charges in Certain 

Sec. Localities. 



13-112.1. Same; special provisions in Sum- 



Sec, y 

ter County. 13-224. Where charge ten cents. 

13-226. Sixteen cents in Chester County. 

. 13-227. Where twenty cents. 
Election or Appointment, and Terms, in 1 ,. 007 n ,,., ,. 

Certain Localities. 13-227.1. Where twenty-five cents. 

13-131.1. Appointment in Edgefield County. 13 " 228 - Where thirt y cents " 
13-133. Two year appointments in Green- Article 10 

wood County and at Manning . . .,.,,. L , . „ 

and Summerton Provisions Applicable in Townships Con- 

13-140. Biennial elections at certain places taining Cities Over Twenty Thousand and 
in Lancaster and Lexington Under Flft y Thousand. 

Counties. 13-271.1. Same; section inapplicable to 

Sumter County. 
Article 4. 

Removal and Vacancies in Certain 
Localities. 

13-165. Edgefield County. 

Article 1. 
General Provisions. 
§ 13-112.1. Same ; special provisions in Sumter County. 

No cotton weigher in Sumter County shall engage in the business of buying or 
selling cotton during his term of office and each cotton weigher shall devote such 
time to the duties of his office during the cotton weighing season as may be fixed 
by the governing body of the county. 

1954 (48) 1555. 

Article 2. 
Election or Appointment, and Terms, in Certain Localities. 
§ 13-131.1. Appointment in Edgefield County. 

In Edgefield County cotton weighers shall be appointed by a majority of the 
governing body of the county and the county supervisor. 

1953 (48) 78. 



§ 13-133 Code; of Laws of South Carolina § 13-165 

§ 13-133. Two year appointments in Greenwood County and at Manning and 
Summerton. 

Cotton weighers in Greenzvood County shall be elected and in the towns of 
Manning and Summerton in Clarendon County shall be appointed by the govern- 
ing body of the county to hold office for two years and until their successors are 
elected or appointed and qualified. 

1942 Code §§ 6402, 6405, 6419-1; 1932 Code §§ 6402, 6407; Civ. C. '22 §§ 3317, 3322 
Civ. C. '12 §§ 2343, 2348; Civ. C. '02, §§ 1552, 1555; 1896 (22) 57, 58; 1897 (22) 433 
1898 (22) 802; 1901 (23) 730; 1902 (23) 1175; 1904 (24) 410, 431; 1906 (25) 140, 142 
1907 (25) 609; 1908 (25) 1043; 1909 (26) 183; 1910 (26) 715; 1911 (27) 36, 37; 1915 
(29) 67; 1917 (30) 219; 1927 (35) 240, 293; 1929 (36) 104; 1930 (36) 1128; 1934 (38) 
1276; 1944 (43) 2331; 1953 (48) 78. 

Effect of amendment. — The election and tion. For new provision with respect to 
term of cotton weighers in Edgefield the appointment of such cotton weighers, 
County was formerly covered by this sec- see § 13-131.1. 

§ 13-140. Biennial elections at certain places in Lancaster and Lexington 
Counties. 

On the first Tuesday of August 1952 and every two years thereafter at Pelion, 
Risk ton and Sharp Hill precincts, on the second Tuesday of August 1952 and 
every two years thereafter at Lexington, Cromers, Irene, St. Matthews and Boyls- 
ton precincts, all in Lexington County, and in Lancaster and Heath Springs in 
Lancaster County the qualified electors entitled to vote in said respective precincts 
in Lexington County and the persons entitled to vote in such elections in Lancaster 
County shall elect cotton weighers, the electors of Pelion, Rishton and Sharp Hill 
precincts for the town of Pelion, the electors of the other above named precincts of 
Lexington County for Lexington and the other electors for their respective towns 
aforesaid. The terms of office of said cotton weighers shall be for two years and 
until their successors have been elected and qualified. A majority of the votes cast 
in such elections shall be necessary to a choice in Lexington County. 

The governing body of Lancaster County shall make such rules and regulations 
for the government of such elections held in said county as to them shall seem 
proper. Said governing body shall canvass the votes polled at such elections, declare 
such elections and issue a commission to the person declared to be elected. 

1942 Code §§ 6424, 6424-1, 6424-2, 6431, 6435, 6436; 1932 Code §§ 6424, 6431, 6435, 
6436; Civ. C. '22 §§ 3342, 3344, 3345; Civ. C. '12 § 2352; Civ. C. '02 § 1558; 1899 (23) 
194; 1918 (30) 761; 1920 (31) 841, 974; 1922 (32) 1009; 1930 (36) 1240; 1933 (38) 133, 
338, 339; 1938 (40) 1756, 1795, 1807; 1946 (44) 1347; 1953 (48) 78. 

Effect of amendment. — Formerly the 
section contained provisions with respect 
to cotton weighers in Edgefield County. 

Article 4. • 
Removal and Vacancies in Certain Localities. 
§ 13-165. Edgefield County. 

In case of a vacancy in the office of cotton weigher at Johnston, Edgefield or 
Trenton in Edgefield County the office shall be filled by appointment within thirty 
days by a majority vote of the members of the governing body of the county and 
the county supervisor. 

1942 Code §§ 6424, 6424-1, 6424-2; 1932 Code § 6424; 1930 (36) 1240; 1933 (38) 133, 
338, 339; 1938 (40) 1756, 1795, 1807; 1946 (44) 1347; 1953 (48) 78. 

Effect of amendment. — The section for- governing body and supervisor should 
merly contained provisions with respect to deem such election advisable, 
the filling of vacancies by election if the 



§ 13-224 1954 Cumulative Supplement § 13-227.1 

Article 8. 
Compensation and Charges in Certain Localities. 
§ 13-224. Where charge ten cents. 

The cotton weighers at Darlington in Darlington County, in Florence County, 
at Chap pells and Prosperity in Newberry County and at Seneca in Oconee County 
shall receive as compensation for their services ten cents per bale for each bale 
weighed by them. Such compensation shall be paid one-half by the buyer and one- 
half by the seller. 

1952 (47) 1879. 

Effect of amendment. — The amendment The second paragraph of the section was 
revised the first paragraph of the section not changed and therefore is not set out 
to read as above set out by eliminating above. As to Kershaw, see § 13-228 as 
Kershaw in the counties of Lancaster and amended. 
Kershaw which was formerly included. 

§ 13-226. Sixteen cents in Chester County. 

The cotton weigher at Chester and any other cotton weighers in Chester County 
appointed under the provisions of § 13-138 shall receive such compensation as 
shall be fixed by the governing body of the county not in excess of sixteen cents 
per bale for each bale of cotton weighed, one-half to be paid by the seller and 
one-half bv the buyer. 

1942 Code §§ 6418, 6427; 1932 Code §§ 6418, 6427; Civ. C. '22 §§ 3331, 3339; Civ. 
C. '12 § 2357; 1908 (25) 1198; 1917 (30) 218; 1918 (30) 775; 1920 (31) 105, 844, 860; 
1934 (38) 1212; 1944 (43) 2298; 1953 (48) 233. 

Effect of amendment. — The section for- Greenwood County, see § 13-227, as 
merly included Greenwood County. As to amended. 

§ 13-227. Where twenty cents. 

The cotton weighers in the counties of Edgefield (except in the town of Johns- 
ton) , Greenwood, Marlboro, Orangeburg, Saluda, Sumter and York shall be paid 
for their services twenty cents for every bale of cotton weighed by them, respec- 
tively, one-half to be paid by the seller and one-half by the buyer. 

The cotton weighers at Wagener in Aiken County, St. Matthews and Cameron 
in Calhoun County and at Swansea in Lexington County shall receive as com- 
pensation for their respective services not exceeding twenty cents per bale for each 
bale of cotton weighed by them, respectively, one-half to be paid by the buyer and 
one-half by the seller. 

The governing body of McCormick County shall fix the compensation to be re- 
ceived by the cotton weighers at McCormick in McCormick County, not to ex- 
ceed twenty cents for each bale weighed by them, ten cents of which shall be paid 
by the seller and ten cents by the buyer. 

1942 Code §§ 6408, 6412, 6424, 6424-1, 6424-2, 6425, 6426, 6431, 6437, 6439, 6440, 6447, 
6454, 6455; 1932 Code §§ 6408, 6412, 6424, 6425, 6426, 6431, 6437-6439, 6440, 6448, 6454, 
6455; Civ. C. '22 §§ 3337, 3338, 3342, 3346-3348, 3356, 3362, 3363; Cr. C. '22 § 538; Civ. 
C. '12 §§ 2352, 2354, 2364; Civ. C. '02 § 1558; 1899 (22) 194; 1908 (25) 1210; 1909 
(26) 128; 1910 (26) 640; 1917 (30) 220; 1918 (30) 842; 1919 (31) 234, 261; 1920 (31) 
843, 974, 1119; 1921 (32) 260; 1922 (32) 777, 783, 1009; 1924 (33) 1052, 1178; 1925 
(34) 106; 1927 (35) 240; 1928 (35) 1160; 1929 (36) 66; 1930 (36) 1240; 1931 (37) 139; 
1933 (38) 44, 133, 338, 339; 1934 (38) 1324; 1936 (39) 1304, 1608; 1937' (40) 384; 1938 
(40) 1756, 1795, 1807; 1940 (41) 1872; 1944 (43) 1259, 2275, 2283, 2286, 2300; 1946 
(44) 1347; 1947 (45) 256; 1950 (46) 2322; 1952 (47) 1727; 1953 (48) 233. 

Effect of amendments. — The 1952 amend- Lancaster County from the coverage of 
ment revised the third paragraph by elimi- the section. The 1953 amendment added 
nating Heath Springs and Lancaster in Greenwood County in the first paragraph. 

§ 13-227.1. Where twenty-five cents. 

The cotton weigher in Aiken Township in Aiken County shall receive as com- 
pensation not more than twenty-five cents for each bale weighed by him. 
1952 (47) 1925. 



§ 13-228 Code of Laws op South Carolina § 13-271.1 

§ 13-228. Where thirty cents. 

The cotton weighers at Camden in Kershaw County and at Kershaw in Kershaw 
and Lancaster Counties shall receive thirty cents per bale for each bale of cotton 
weighed by them, fifteen cents to be paid by the buyer and fifteen cents by the seller. 

The governing body of Lancaster County shall fix the compensation to be re- 
ceived by the cotton weighers at Lancaster and Heath Springs in said county, such 
compensation not to exceed thirty cents for each bale weighed by them, fifteen cents 
of which shall be paid by the seller and fifteen cents by the buyer. 

1952 (47) 1727, 1879. 

Effect of amendments. The amendments lating to Lancaster and Heath Springs in 
revised the second paragraph of the sec- Lancaster County. The first and third 
tion by adding Kershaw in Kershaw and paragraphs of the original section were 
Lancaster Counties and added a new unchanged and are therefore not set out 
fourth paragraph as set forth above re- above. 

Article 10. 

Provisions Applicable in Townships Containing Cities Over Twenty Thousand 

and Under Fifty Thousand. 

§ 13-271.1. Same ; section inapplicable to Sumter County. 

The provisions of § 13-271 shall not apply to Sumter County. 
1954 (48) 1557. 



Title 14. 
Counties. 



Chap. 1. General Provisions, §§ 14-17 to 14-21. 

2. Boundaries of Existing Counties, §§ 14-60 to 14-86. 

8. County Planning, §§ 14-400.50 to'l4-400.350. 

15. Abbeville County, §§ 14-701 to 14-704. 

16. Aiken County, § 14-759. 
18. Anderson County, § 14-863. 

23. Calhoun County, § 14-1121. 

24. Charleston County, §§ 14-1151 to 14-1297. 

25. Cherokee County, §§14-1317, 14-1317.1. 

26. Chester County, §§ 14-1351.1 to 14-1371. 

27. Chesterfield County, §§ 14-1403 to 14-1423. 
30. Darlington County, §§ 14-1660 to 14-1699. 

33. Edgefield County, § 14-1856. 

34. Fairfield County, § 14-1920. 

40. Horry County, §§ 14-2303.1 to 14-2317.1. 

41. Tasper County, § 14-2402. 

42. Kershaw County, §§ 14-2450 to 14-2474. 

43. Lancaster County, §§ 14-2563.1 to 14-2591. 

44. Laurens County, § 14-2610. 
47. Marion County, § 14-2801. 

50. Newberry County, §§ 14-2964.1 to 14-2967. 

51. Oconee County, §§ 14-3000 to 14-3037. 

53. Pickens County, § 14-3157. 

54. Richland County, § 14-3201.1. 

56. Spartanburg County. §§ 14-3302 to 14-3307. 

58. Union County, §§ 14-3461 to 14-3466.1. 

60. York County, § 14-3625. 



§ 14-17 1954 Cumulative Supplement § 14-65 

CHAPTER 1. 
General Provisions. 
Sec. Sec. 

14-17. Same; local exceptions in certain 14-19.1. Same; local exceptions for Jasper 
counties. County. 

14-21. How court fees paid. 

§ 14-17. Same; local exceptions in certain counties. 

Notwithstanding the provisions of § 14-16, the fiscal year of the counties of 
Abbeville, Aiken, Allendale, Anderson, Bamberg, Barnwell, Beaufort, Berkeley, 
Calhoun, Charleston, Chester, Chesterfield, Colleton, Darlington, Dillon, Dor- 
chester, Edgefield, Florence, Georgetown, Greenville, Horry, Jasper, Kershaw, 
Lancaster, Laurens, Lee, Marion, Marlboro, McCormick, Newberry, Oconee, Rich- 
land, Saluda, Spartanburg, Sumter, Union and York shall begin on July 1st of 
each vear and end on June 30th of the next following calendar year. 

1942 Code § 3869; 1932 Code §§ 3869, 4777; Civ. C. '22^§ 1110; Civ." C. '12 § 989; Civ. 
C. '02 § 804; Const. Art. 10 § 10; G. S. 621; R. S. 689; 1875 (15) 993; 1878 (16) 459; 
1890 (20) 710; 1927 (35) 252; 1933 (38) 449, 438; 1935 (39) 416; 1936 (39) 1339, 1376, 
1395, 1419, 1432, 1442, 1594; 1937 (40) 67, 71, 212, 391, 552; 1938 (40) 1538, 1539, 1561, 
1602; 1941 (42) 57; 1942 (42) 1475; 1943 (43) 69; 1944 (43) 1167, 1181, 1201; 1945 (44) 
35; 1946 (44) 1313; 1947 (45) 129, 296; 1950 (46) 1838; 1951 (47) 37; 1952 (47) 1702, 
1914; 1953 (48) 239, 387. 

Effect of amendments. — The 1952 amend- section and the 1953 amendments added 
ments added Abbeville and Richland Coun- Bamberg and Georgetown Counties, 
ties to the list of counties covered by the 

§ 14-19. Operation of county government in county without supply act. 

Applied in McKown v. Daniel, 217 S. 
C. 510, 61 S. E. (2d) 163 (1950). 

§ 14-19,1. Same; local exceptions for Jasper County. 

Provisions from A. & J. R. 1954 (48) 2281 make up this section. 

§ 14-21. How court fees paid. 

The fees allowed jurors, constables and witnesses shall be paid by the treasurers 
of the respective counties on the presentation to them of certificates signed by the 
clerk of court or may be received by such treasurers in the payment of all county 
taxes on presentation of such certificates duly signed by the clerk of court. 

1942 Code § 3860; 1932 Code § 3860; Civ. C. '22 § 1101; Civ. C. '12 § 980; Civ. C. '02 
§ 795; R. S. 677; 1893 (21) 489; 1954 (48) 1770. 

Effect of amendment. — The amendment supervisor's approval for payment of taxes 
eliminated requirement for presiding judge with same, 
to sign certificate and also requirement for 

CHAPTER 2. 
Boundaries of Existing Counties. 

Sec. Sec. 

14-60. Charleston County. 14-82. Lexington County. 

14-65. Colleton County. 14-86. Newberry County. 

§ 14-57. Beaufort County. 

Annexation of Yemassee Township by Beaufort County, by Jasper County, is 

Jasper County constitutional. — The act valid and constitutional. Beaufort County 

[1950 (46) 2332] providing for the annex- v. Jasper County, 220 S. C. 469. 6S S. E. 

ation of Yemassee Township, formerly in (2d) 421 (1951). 

§ 14-60. Charleston County. 

Amended by A. & J. R. 1953 (48) 211. 

§ 14-65. Colleton County. 

Amended by A. & J. R. 1953 (48) 211. 



§ 14-77 Code of Laws of South Carolina § 14-329 

§ 14-77. Jasper County. 

Annexation of Yemassee Township con- by Jasper County, is valid and constitu- 
stitutional— The act [1950 (46) 2332] pro- tional. Beaufort County v. Jasper County, 
viding for the annexation of Yemassee 220 S. C. 469, 68 S. E. (2d) 421 (1951). 
Township, formerly in Beaufort County, 

§ 14-82. Lexington County. 

Amended by A. & J. R. 1953 (48) 416. 

§ 14-86. Newberry County. 

Amended by A. & J. R. 1953 (48) 416. 

CHAPTER 4. 
Creation of New Counties and Consolidation of Counties. 
§ 14-157. Appointment and duties of surveyors. 

In settling the question of area the sur- ors to make any actual survey of the area 

veyors exercise a quasi-judicial power. left in the county whose territory is to be 

Beaufort County v. Jasper County, 220 S. annexed. Beaufort County v. Jasper 

C. 469, 68 S. E. (2d) 421 (1951). County, 220 S. C. 469, 68 S. E. (2d) 421 

The law does not require the survey- (1951). 

§ 14-163. General Assembly to create new county. 

Act making annexation conditional on set aside the election as irregular or hold 

decision of court. — The General Assembly, that the General Assembly was wrong in 

in an act providing for the annexation of a the meaning which it ascribed to a word 

part of one county by another, may pro- used in the act. Such procedure is not 

vide that the act shall not go into effect in derogation of this section. Beaufort 

should the court, in any action brought County v. Jasper County, 220 S. C. 469, 

pursuant to permission granted by the act, 68 S. E. (2d) 421 (1951). 

CHAPTER 7. 
County Officers Generally. 
§ 14-302. How vacancies in county offices filled. 

How vacancies created in offices of Government Act created vacancies in the 

county directors. — The long-continued fail- offices of county directors, and gave rise 

ure of a majority, including the Senator to the power of the Governor to appoint 

of the York County legislative delegation under the general laws, this section and 

to recommend persons for appointment as § 1-122. Bradford v. Byrnes, 221 S. C. 

members of the county board of directors 255, 70 S. E. (2d) 228 (1952). 
pursuant to the terms of the York County 

§ 14-315. Disbursing officers not to exceed or transfer appropriations ; suspen- 
sion by Governor. 

Applied in McKown v. Daniel, 217 S. 
C. 510, 61 S. E. (2d) 163 (1950). 

§ 14-324. "County Treasurer's General Monthly Cash Book" in Greenville 
and Union Counties. 

Editor's Note.— §§ 65-2421 et seq. re- 
quire Greenville County tax collector to 
collect current and delinquent taxes. 

§ 14-326. Treasurer's report to superintendent of education in Greenville and 
Union Counties. 

Editor's Note. — §§ 65-2421 et seq. re- 
quire Greenville County tax collector to 
collect current and delinquent taxes. 

§ 14-329. Publication of quarterly statements in Greenville and Union 
Counties. 

Editor's Note.— §§ 65-2421 et seq. re- 
quire Greenville County tax collector to 
collect current and delinquent taxes. 



§ 14-400.50 1954 Cumulative Supplement § 14-413 

CHAPTER 8. 

County Planning. 

Article 5.1. Article 5.30. 

Planning Board for Beaufort Township in Pickens County Planning and Development 

Beaufort County. Commission. 

Sec. Sec. 

14-400.50. Created, powers, etc. 14-400.250. Created, powers, etc. 

Article 5.5. Article 5.40. 

Zoning Commission for Hanahan Public Spartanburg County Planning and 

Service District in Berkeley County. Development Commission. 

14-400.100. Created, powers, etc. 14-400.350. Created, powers, etc. 

Article 5.20. 
Laurens County Planning and Develop- 
ment Commission. 

14-400.150. Created, powers, etc. 

Article 5.1. 
Planning Board for Beaufort Township in Beaufort County. 
§ 14-400.50. Created, powers, etc. 

Provisions from A. & J. R. 1954 (48) 1806 make up this section. 

Article 5.5. 
Zoning Commission for Hanahan Public Service District in Berkeley County. 
§ 14-400.100. Created, powers, etc. 

Provisions from A. & J. R. 1954 (48) 1429 make up this section. 

Article 5.20. 
Laurens County Planning and Development Commission. 
§ 14-400.150. Created, powers, etc. 

Provisions from A. & J. R. 1954 (48) 1475 make up this section. 

Article 5.30. 
Pickens County Planning and Development Commission. 
§ 14-400.250. Created, powers, etc. 

Provisions from A. & J. R. 1954 (48) 1847 make up this section. 

Article 5.40. 
Spartanburg County Planning and Development Commission. 
§ 14-400.350. Created, powers, etc. 

Provisions from A. & J. R. 1954 (48) 1416 make up this section. 

CHAPTER 9. 
Claims against Counties. 
§ 14-413. Disallowance of claims on other grounds. 

Cited in McKown v. Daniel, 217 S. C. 
510, 61 S. E. (2d) 163 (1950). 



§ 14-606 Code of Laws of South Carolina § 14-863 

CHAPTER 13. 
Buildings and Lands Generally. 

§ 14-606. Alterations in courthouse or jail. 

Nothing in this section tends to make a the county courthouse in an amount _ in 
county board of commissioners independ- excess of the legislature's appropriation 
ent of the legislature in such matters as therefor. Beacham v. Greenville County, 
contracting liability for the remodeling of 218 S. C. 181, 62 S. E. (2d) 92 (1950). 

CHAPTER 15. 

Abbeville County. 

Article 1. 
General Provisions. 

Sec. 

14-701. Term of office of supervisor. 

14-704. Hours of county officers. 

Article 1. 

General Provisions. 

§ 14-701. Term of office of supervisor. 

The term of office of the county supervisor of Abbeville County which began 
on June 30 1953 shall expire on December 31 1956. Thereafter and commenc- 
ing January 1 1957 the regular term of office of the supervisor shall be for four 
years and until his successor qualifies. 

1942 Code § 3891; 1932 Code § 3891; 1929 (36) 179; 1952 (47) 1729. 

Effect of amendment. — The amendment ary following presidential years, instead 
made the term begin on the first of Janu- of on the first of July in such years. 

§ 14-704. Hours of county officers. 

Amended by A. & J. R. 1954 (48) 1432. 

CHAPTER 16. 
Aiken County. 
Article 1. 
General Provisions. 
Sec. 

14-759. Dumping trash, garbage, etc., sites 
therefor. 

Article 1. 
General Provisions. 

§ 14-759. Dumping' trash, garbage, etc., sites therefor. 

Provisions of A. & J. R. 1953 (48) 443 make up this section. 

CHAPTER 18. 
Anderson County. 
Article 1. 

County Government. 
Sec. 

14-863. Authority of supervisor. 

Article 1. 
County Government. 

§ 14-863. Authority of supervisor. 

The supervisor shall subject to such limitations as may be herein placed upon 
him, have charge of the buildings, including the county courthouse and the em- 



§ 14-1121 1954 Cumulative Supplement § 14-1246 

ployment of the janitor thereof, and maintenance of roads, the county chaingang 
and county prisoners and is charged with the care and supervision of all county 
property not specifically falling under the care and supervision of the hoard. 
The supervisor shall have charge of all road construction and maintenance. 

1948 (45) 1985; 1952 (47) 1979. 

Effect of amendment. — The amendment courthouse and the employment of the 
added the phrase "including the county janitor thereof." 

CHAPTER 23. 
Calhoun County. 

Sec. 

14-1121. Historical Commission. 

§ 14-1121. Historical commission. 

Provisions from A. & J. R. 1952 (47) 1911 make up this section. 

CHAPTER 24. 

Charleston County. 

Article 1. Article 6. 

General Provisions. County Hall Commission. 

Sec. Sec. 

14-1151. Office hours. 14-1241 to 14-1246. [Repealed.] 

Article 2. Article 9. 

County Government. Township of Sullivan's Island. 

14-1169.1. Powers of former county hall 14-1291 to 14-1293. Board of Township 
commission devolved in county Commissioners of Sullivan's Is- 

council. land. 

14-1295. Recorder. 

14-1296. Law enforcement officers. 

14-1297. General tax. 

Article 1. 

General Provisions. 
§ 14-1151. Office hours. 

Amended hy A. & J. R. 1954 (48) 1431. 

Article 2. 

County Government. 

§ 14-1169.1. Powers of former county hall commission devolved in county 
council. 

Provisions of A. & J. R. 1953 (48) 49 make up this section. 

Article 6. 
County Hall Commission. 
§§ 14-1241 to 14-1246. County hall commission. 
Repealed by A. & J. R. 1953 (48) 49. 



§ 14-1261 Code of 1 Laws of South Carolina § 14-1317.1 

Article 8. 
Township of Folly Island. 

§ 14-1261. Territorial limits. 

Folly Island is not a city or town but a upon incorporation of the area as a town, 

township, and this article contains no au- the powers and functions of the township 

thorization of suit against the township commissioners would be superseded by 

upon such a cause of action as authorized the newly-created municipal government, 

by § 33-234. Hinnant v. South Carolina at least to the extent of any conflict be- 

State Highway Dept., . . . . S. C. . . ,83 tween the jurisdiction and powers of the 

S. E. (2d) 209 (1954). two units of government. Wagener v. 

Article enacted subject to right of in- Smith, 221 S. C. 438, 71 S. E. (2d) 1 

habitants to incorporate as a town. — The (1952). 

legislation creating the township govern- For cases in which the constitutional- 

ment for Folly Island was enacted subject ity of this article was challenged, but not 

to the right of the inhabitants thereof to determined, see Wagener v. Smith, 221 S. 

incorporate as a town under S. C. Const., C. 438, 71 S. E. (2d) 1 (1952); Wagener 

Art. 8, and the general law relating to v. Johnson, 223 S. C. 470, 76 S. E. (2d) 611 

the formation of towns and cities. And (1953). 

Article 9. 
Toivnship of Sullivan's Island. 

§§ 14-1291 to 14-1293. Board of township commissioners of Sullivan's Island. 

Amended by A. & J. R. 1953 (48) 290. 

§ 14-1295. Recorder. 

Added by A. & J. R. 1953 (48) 290. 

§ 14-1296. Law enforcement officers. 

Added by A. & J. R. 1953 (48) 290. 

§ 14-1297. General tax. 

Provisions from A. & J. R. 1952 (47) 2033 make up this section. 

CHAPTER 25. 
Cherokll County. 
Article 2. Sec. 

Financial Matters Generally. 14-1317.1. Annual audit and report; action 

Sec. thereon. 

14-1317. [Repealed.] 

Article 1. 

County Government. 
§ 14-1304. Clerk; appointment; term; vacancy; duties. 

Applied in Jennings v. Green, 219 S. 

C. 471, 65 S. E. (2d) 878 (1951). 

Article 2. 

Financial Matters Generally. 

§ 14-1311. Appropriations not to be exceeded. 

This section does not limit the amounts supply act. McKown v. Daniel, 217 S. 
payable to a sheriff as costs and fees to C. 510, 61 S. E. (2d) 163 (1950). 
the amounts appropriated by the county 

§ 14-1317. Annual audit. 

Repealed by A. & J. R. 1953 (48) 811. 
Cross reference. — See now § 14-1317.1. 

§ 14-1317.1. Annual audit and report; action thereon. 

Provisions from A. & J. R. 1953 (48) 811 make up this section. 

10 



§ 14-1351.1 1954 Cumulative Supplement § 14-1362 

CHAPTER 26. 

Chester County. 

Article 1. Article 2. 

General Provisions. County Government. 

Sec. Sec. 

14-1351.1. Amounts of bonds of officers. 14-1362. Board of county directors; elec- 

14-1354. Audit. tions; term; vacancy. 

14-1357. Office hours. 14-1365.1. County manager; election; 

powers and duties. 

14-1366 to 14-1366.4. [Repealed.] 

14-1367. Compensation of county em- 
ployees. 

14-1368. Bonds of county employees. 

14-1369. Removal of county employees. 

14-1371. Further duties. 

Article 1. 
General Provisions. 
§ 14-1351.1. Amounts of bonds of officers. 

The official bonds of the following officials of the county shall be as follows : 

Treasurer $ 30,000.00 

Assistant treasurer 15,000.00 

Auditor 5.000.00 

Clerk of court 15,000.00 

Deputy clerk of court 5,000.00 

Probate judge 10,000.00 

Sheriff 5,000.00 

County manager 20,000.00 

Tax collector 10,000.00 

1951 (47) 348; 1952 (4) 2127. 

Effect of amendment. — The former clerk 
is now called the county manager and the 
section has been revised accordingly. 

§ 14-1354. Audits. 

Amended by A. & J. R. 1952 (47) 2127 and A. & J. R. 1953 (48) 449. 

§ 14-1356. Publication of budgets and approval of tax levies. 

The last sentence of this section is un- delegation, in view of this section and § 1 

constitutional. Atty. Gen. Op., Aug. 25, of Chester County Supply Act, (Act No. 

1954. 804, 1954 (48) 2018). Atty. Gen. Op., Aug. 

County auditor cannot levy tax in ab- 25, 1954. 
sence of approval of county legislative 

§ 14-1357. Office hours. 

Provisions of A. & J. R. 1952 (47) 2133 make up this section. 

Article 2. 
County Government. 
§ 14-1362. Board of county directors; election; term; vacancy. 

There shall be a board of county directors of the county to consist of five mem- 
bers, one resident, qualified elector from each of the said districts, who shall be 
elected by the qualified electors within the said districts. The members shall be 
elected in the next general election and shall serve for a two-year term. Such terms 
shall commence on January first next, following each such general election, and 
until their successors have been duly elected and qualified. Any vacancy in office 
shall be filled by special election in the district in which the vacancy occurs. 

11 



§ 14-1365.1 Code of Laws of South Carolina § 14-1371 

1942 Code § 4123; 1932 Code § 4123; Civ. C. '22 § 1366; 1916 (29) 851; 1920 (31) 816; 
1944 (43) 1418, 2314; 1954 (48) 1850. 

Effect of amendment. — The amendment 
provided for election in lieu of appointment 
of directors. 

§ 14-1365.1. County manager; election; powers and duties; salary. 

Provisions of A. & J. R. 1952 (47) 2127 as amended by 1954 (48) 1715 make 
up this section. 

§§ 14-1366 to 14-1366.4. County clerk; powers and duties. 

Repealed by A. & J. R. 1952 (47) 2127. 
Cross reference. — See now § 14-1365.1. 

§ 1 -1367. Compensation of county employees. 

The compensation and salaries of all employees, agents and servants of the 
county, other than the county manager, shall be determined and fixed by the 
board, shall be as low as may be consistent with securing competent employees 
and efficient service and shall not be more or less than the respective amounts 
provided in the annual county supply act or authorized and approved in writing 
by the county legislative delegation. 

1942 Code § 4128; 1932 Code § 4128; Civ. C. '22 § 1371; 1916 (29) 851; 1920 (31) 
816; 1944 (43) 1418; 1952 (47) 2127. 

Effect of amendment. — Formerly the as was also the salary of the road super- 
salary of the clerk of the board (now the visor whose position has now been abol- 
county manager) was fixed by the board ished. 

§ 14-1368. Bonds of county employees. 

An adequate bond with good and sufficient surety payable to the board of 
county directors and conditioned for the faithful performance of their duties shall 
be required of such employees and contracting parties as the board may deem 
proper. 

1942 Code § 4128; 1932 Code § 4128; Civ. C. '22 § 1371; 1916 (29) 851; 1920 (31) 
816; 1944 (43) 1418; 1952 (47) 2127. 

Effect of amendment. — The section of the board and the supervisor of roads, 
formerly referred specifically to the clerk positions now abolished. 

§ 14-1369. Removal of county employees. 

All such employees, except as herein provided, shall be subject to removal or 
discharge at the discretion of the board. 

1942 Code § 4128; 1932 Code § 4128; Civ. C. '22 § 1371; 1916 (29) 851; 1920 (31) 
816; 1944 (43) 1418; 1952 (47) 2127; 1954 (48) 1715. 

Effect of amendments. — The section to county manager; however the 1954 
prior to 1952 amendment referred to the amendment eliminated such office from this 
clerk of the board whose title was changed section. 

§ 14-1371. Further duties. 

The board of county directors shall organize and conduct the administration 
of the county's business, financial and fiscal affairs upon a systematic, economical 
and efficient basis. To that end the board shall: 

(1) 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 ; 

(2) Inaugurate and maintain, under such expert supervision and direction as 
may be necessary, a system of receiving and disbursing funds and keeping ac- 
curate check of the same and of accounting and bookkeeping that will properly 
safeguard the public interest and accurately determine and show the cost of 
maintaining all public institutions and public property and of performing all 
public work of every character ; 

12 



§ 14-1403 1954 Cumulative Supplement § 14-1672 

(3) Maintain and keep in repair and in efficient operative condition all county 
property and county institutions, and 

(4) Advise and cooperate with the county manager for the construction and 
proper maintenance and upkeep of the county's roads, highways and bridges. 

1942 Code § 4126; 1932 Code § 4126; Civ. C. '22 § 1369; 1916 (29) 851; 1920 (31) 816; 
1944 (43) 1418; 1952 (47) 2127. 

Effect of amendment. — The last para- pervisor of roads, a position now abol- 

graph formerly referred to the county su- ished, instead of the county manager. 

CHAPTER 27. 

Chesterfield County 

Article 1. Article 2. 

General Provisions. County Government. 

Sec. Sec. 

14-1403. Hours of closing county offices. 14-1423. Bonds of clerks of county board 

and county treasurer. 

Article 1. 
General Provisions. 
§ 14-1403. Hours of closing- county offices. 

Provisions of A. & J. R. 1953 (48) 312 make up this section. 

Article 2. 
County Government. 
§ 14-1423. Bonds of clerks of county board and county treasurer. 

Provisions of A. & J. R. 1952 (47) 2074 make up this section. 

CHAPTER 30. 

Darlington County. 

Article 2. Article 4. 

County Government. Financial Matters Generally. 

Sec. Sec. 

14-1660. [Repealed.] 14-1691, 14-1692. [Repealed.] 
14-1660.1. County government of Darling- 14-1692.1. Publication of monthly financial 

ton County. statements. 

14-1661 to 14-1672. [Repealed.] 14-1692.2. Annual audit. 



Article 3. 



14-1693. [Repealed.] 

14-1694 to 14-1698. [Repealed.] 



Purchases. 14-1699. [Repealed.] 

14-1681 to 14-1688. [Repealed.] 

Article 2. 

County Government. 

§ 14-1660. County government of Darlington County. 

Repealed by A. & J. R. 1954 (48) 1724. 
Cross reference. — See now § 14-1660.1. 

§ 14-1660.1. County government of Darlington County. 

Provisions from A. & J. R. 1954 (48) 1724 make up this section. 

§§ 14-1661 to 14-1672. County government. 

Repealed by A. & J. R. 1952 (47) 2096. 
Cross reference. — See now § 14-1660.1. 



13 



§ 14-1681 Code of Laws of South Carolina § 14-1705 

Article 3. 
Purchases. 
§§ 14-1681 to 14-1688. Purchases. 

Repealed by A. &. J. R. 1952 (47) 2096. 
Cross reference. — See now § 14-1660.1. 

Article 4. 

Financial Matters Generally. 

§§ 14-1691, 14-1692. Warrants, etc. 

Repealed by A. & J. R. 1952 (47) 2096. 
Cross reference. — See now § 14-1660.1. 

§ 14-1692.1. Publication of monthly financial statements. 

Provisions of A. & J. R. 1953 (48) 124 as amended by A. & J. R. 1954 (48) 
1724 make up this section. 

§ 14-1692.2. Annual audit. 

Provisions of § 8 of A. & J. R. 1954 (48) 2080 make up this section. 

§ 14-1693. Payment of fees in advance. 

Repealed by A. & J. R. 1954 (48) 1724. 
Cross reference. — See now § 14-1660.1. 

§§ 14-1694 to 14-1698. Claims; publications; borrowing. 

Repealed by A. & J. R. 1952 (47) 2096. 
Cross reference. — See now § 14-1660.1. 

§ 14-1699. Tax for emergency when no supply bill enacted. 

Repealed by A. & J. R. 1954 (48) 1724. 
Cross reference. — See now § 14-1660.1. 

Article 5. 
Sinking Fund Commission. 
§ 14-1701. Appointment of commission; term. 

Editor's note.— A. & J. R. 1952 (47) 2096 abolished the board and devolved its duties 

abolished office of county manager and and powers on county manager created 

devolved duties and powers thereof on therein; thus net result is that the 1952 

county board of directors thereby amending Code section is now unchanged and effec- 

this section; then A. & J. R. 1954 (48) 1724 tive. 

§ 14-1703. Commission to work under manager. 

Editor's note. — A. & J. R. 1952 (47) 2096 abolished the board and devolved its duties 

abolished office of county manager and and powers on county manager created 

devolved duties and powers thereof on therein; thus net result is that the 1952 

county board of directors thereby amending Code section is now unchanged and effec- 

this section; then A. & J. R. 1954 (48) 1724 tive. 

§ 14-1704. Manager to be secretary of commission. 

Editor's note. — A. & J. R. 1952 (47) 2096 abolished the board and devolved its duties 

abolished office of county manager and and powers on county manager created 

devolved duties and powers thereof on therein; thus net result is that the 1952 

county board of directors thereby amending Code section is now unchanged and effec- 

this section; then A. & J. R. 1954 (48) 1724 tive. 

§ 14-1705. Expenses. 

Editor's note.— A. & J. R. 1952 (47) 2096 abolished the board and devolved its duties 

abolished office of county manager and and powers on county manager created 

devolved duties and powers thereof on therein; thus net result is that the 1952 

county board of directors thereby amending Code section is now unchanged and effec- 

this section; then A. & J. R. 1954 (48) 1724 tive. 

14 



§ 14-1710 1954 Cumulative Supplement § 14-2303.1 

§ 14-1710. Sale or exchange of securities; compromise of obligations, etc. 

Editor's note.— A. & J. R. 1952 (47) 2096 abolished the board and devolved its duties 

abolished office of county manager and and powers on county manager created 

devolved duties and powers thereof on therein; thus net result is that the 1952 

county board of directors thereby amending Code section is now unchanged and effec- 

this section; then A. & J. R. 1954 (48) 1724 tive. 

CHAPTER 33. 

Edgefield County. 

Sec. 

14-1856. [Repealed.] 

§ 14-1856. Supervisor to publish statements. 
Repealed by A. & J. R. 1953 (48) 136. 

CHAPTER 34. 
Fairfield County. 

Sec. 

14-1920. Collection and disposition of fees 
for service of process. 

§ 14-1920. Collection and disposition of fees for service of process. 

Provisions of A. & J. R. 1953 (48) 238 make up this section. 

CHAPTER 37. 
Greenville County. 

Article 2. 
County Board of Commissioners. 
§ 14-2066. General powers of board. 

The General Assembly has not dele- ers and duties tends to make the board 
gated legislative powers to the Green- independent of the legislature in such 
ville board as it has in the case of matters as contracting liability for the re- 
Charleston. Beacham v. Greenville County, modeling of the county courthouse in an 
218 S. C. 181, 62 S. E. (2d) 92 (1950). amount in excess of the legislative's ap- 

Contracting liability for remodeling of propriation therefor. Beacham v. Green- 
county courthouse.— Nothing in the law ville County, 218 S. C. 181, 62 S. E. (2d) 
creating the Greenville county board of 92 (1950). 
commissioners and prescribing its pow- 

CHAPTER 40. 

Horry County. 
Article 1. Article 2. 

General Provisions. County Board of Commissioners. 

Sec. Sec. 

14-2303.1. Issuance of receipts for moneys. 14-23117.1. Same; report to legislative dele- 
gation and submit proposed 
supply bill. 

Article 1. 
General Provisions. 
§ 14-2303.1. Issuance of receipts for moneys. 

Provisions from § 2, A. & J. R. 1952 (47) 2156 make up this section. 

15 



§ 14-2317.1 Code; of Laws of South Carolina § 14-2458.4 

Article 2. 

County Board of Commissioners. 

§ 14-2317.1. Same; report to legislative delegation and submit proposed 
supply bill. 

Provisions from § 13 of A. & J. R. 1954 (48) 2270 make up this section. 

CHAPTER 41. 

Jaspfr County 
Article 1. 
General Provisions. 
Sec. 
14-2402. Term of office of supervisor. 

§ 14-2402. Term of office of supervisor. 

The term of office of the county supervisor shall be for four years and until his 
successor shall have been elected and qualified. 

1942 Code § 3818; 1932 Code § 3818; Civ. C. '22 § 1058; Civ. C. '12 § 935; Civ. C. '02 
§ 753; R. S. 643; 1893 (21) 482; 1899 (23) 1; 1908 (25) 1350, 1186, 1912; 1909 (26) 124, 
180; 1910 (26) 685, 687, 699, 700; 1911 (27) 62; 1913 (27) 121, 146; 1915 (29) 420, 515 
1916 (29) 793, 798, 859; 1918 (30) 836; 1921 (32) 60, 102; 1922 (32) 964; 1924 (33) 1075 
1925 (34) 122; 1934 (38) 1552; 1937 (40) 37; 1940 (41) 1659; 1941 (42) 253; 1954 (48) 1451. 

Effect of amendment. — Amendment in- 
creased term to four years from two years. 

CHAPTER 42. 

Kfrshaw County. 

Article 1. Sec. 

General Provisions. 14-2458.5. Penalties. 

Sec. 14-2459 to 14-2463. [Repealed.] 

14-2450. County governing board and 14-2466.1. Match funds of unincorporated 
county administrator; purchases. divisions purchase fire-fighting 

14-2451 to 14-2458. [Repealed.] equipment. 



Article 2. 



14-2458.1. Deposit of public funds. 

14-2458.2, 14-2458.3. [Repealed.] 

14-2458.4. Bonds to be exchanged for Sinking Funds. 

county bonds. 14-2471 to 14-2474. [Repealed.] 



Article 1. 
General Provisions. 
§ 14-2450. County governing- board and county administrator; purchases. 

Provisions of A. & J. R. 1953 (48) 486 make up this section. 

§§ 14-2451 to 14-2458. Board of directors; clerk; civil engineer; custody of 

property, etc. 

Repealed by A. & J. R. 1953 (48) 486. 
Cross reference. — See now § 14-2450. 

§ 14-2458.1. Deposit of public funds. 

Amended by A. & J. R. 1953 (48) 162. 

§§ 14-2458.2, 14-2458.3. Investment of sinking funds and sale of bonds of 

such funds. 

Repealed by A. & J. R. 1953 (48) 162. 

§ 14-2458.4. Bonds to be exchanged for county bonds. 

Amended by A. & J. R. 1953 (48) 131. 

16 



§ 14-2458.5 1954 Cumulative Supplement § 14-2607 

§ 14-2458.5. Penalties. 

Failure, refusal or neglect to comply with the provisions of §§ 14-2458.1 or 
14-2458.4 shall be deemed misconduct in office and the Governor, upon his own 
motion or upon complaint of any person, when satisfied that the terms of any 
of said sections have been violated, shall remove the offending officer summarily 
from office. 

1942 Code § 2866-3; 1932 Code § 2818; 1931 (37) 279; 1953 (48) 162. 

Effect of amendment. — Prior to the 14-2458.2 and 14-2458.3 which have now 
amendment the section also referred to §§ been repealed. 

§§ 14-2459 to 14-2463. Purchases; warrants; arbitration board, etc. 

Repealed by A. & J. R. 1953 (48) 486. 

§ 14-2466.1. Match funds of unincorporated subdivisions for purchase of fire- 
fighting equipment. 

Provisions of A. & J. R. 1954 (48) 2286 make up this section. 

Article 2. 
Sinking Funds. 

§§ 14-2471 to 14-2474. Sinking funds. 

Repealed by A. & J. R. 1953 (48) 130. 

CHAPTER 43. 
Lancaster County. 
Article 1. Article 3. 

General Provisions. Historical Commission. 

Sec. Sec. 

14-2563.1. Purchase and sale of real es- 14-2591. Creation, duties, etc. 

tate. 
14-2569.1. Match funds of subdivisions for 
purchase of fire-fighting equip- 
ment. 

Article 1. 

General Provisions. 

§ 14-2563.1. Purchase and sale of real estate. 

Provisions from A. & J. R. 1952 (47) 1876 make up this section. 

§ 14-2569.1. Match funds of subdivisions for purchase of fire-fighting equip- 
ment. 

Provisions of A. & J. R. 1954 (48) 2312 make up this section. 

Article 3. 
Historical Com mission. 
§ 14-2591. Creation, duties, etc. 

Provisions from A. & J. R. 1953 (48) 148 make up this section. 

CHAPTER 44. 
Laurens County. 
Sec. 

14-2610. Group hospitalization and medical 
insurance for employees. 

§ 14-2607. Section 10-1604 not affected. 

Editor's note. — The reference to "this 
section" in § 14-2607 should have been to 
§§ 14-2605 and 14-2606. 

17 



§ 14-2610 Code of Laws of South Carolina § 14-3000 

§ 14-2610. Group hospitalization and medical insurance for employees. 

Provisions of A. & J. R. 1954 (48) 2332 make up this section. 

CHAPTER 47. 

Marion County. 

Sec. 

14-2801. Board of county commissioners. 

§ 14-2801. Board of county commissioners. 

Amended by A. & J. R. 1953 (48) 75. 

CHAPTER 50. 

Newbfrry County. 

Article 1. 
General Provisions. 
Sec. 
14-2964.1. Superintendent of buildings and 

grounds. 
14-2967. Bonds of officers. 

Article 1. 

General Provisions. 

§ 14-2964.1. Superintendent of buildings and grounds. 

There is hereby created in Nezvberry County the office of county superintendent 
of buildings and grounds. The legislative delegation shall appoint a county superin- 
tendent of buildings and grounds to serve for a term of two years and until his 
successor is appointed and qualified. He shall look after the public buildings and 
grounds of the county under the supervision and direction of the senior deputy 
sheriff of the county and he shall be paid such compensation as may be provided in 
the annual county supply act. 

1954 (48) 2411. 

§ 14-2967. Bonds of officers. 

Amended by A. & J. R. 1953 (48) 297. 

CHAPTER 51. 
Oconef County. 

Article 1. Article 2. 

General Provisions. County Advisory Board. 

Sec. Sec. 

14-3000.County government. 14-3021, 14-3023, 14-3023.1 [Repealed.] 

14-3008. Bonds of certain county officers. 14-3024 [Repealed.] 

14-3009. Funds available for salary and 

bond premium payments. Article 3. 

County Comptroller. 
14-3035. [Repealed.] 
14-3037. Duties. 

Article 1. 
General Provisions. 
§ 14-3000. County government. 

Provisions from A. & J. R. 1954 (48) 1435 make up this section. 

18 



§ 14-3008 1954 Cumulative Supplement § 14-3037 

§ 14-3008. Bonds of certain county officers. 

The following officers shall be bonded as follows : treasurer forty thousand dol- 
lars, and sheriff fifteen thousand dollars. 

1942 Code § 4689; 1932 Code § 4689; 1922 (32) 910; 1923 (33) 793; 1929 (36) 7, 197, 
1053; 1933 (38) 334; 1936 (39) 1625; 1954 (48) 1435. 

Effect of amendment. — "Supervisor fif- 
teen thousand dollars" was eliminated by 
A. & J. R. 1954 (48) 1435. 

§ 14-3009. Funds available for salary and bond premium payments. 

When not otherwise provided for, the county board shall pay the salaries and 
the bond premiums or any part thereof of any county official from the contingent 
fund, or, if that be not sufficient, the county auditor shall levy an annual tax on 
property sufficient to pay the same and the revenues therefrom are hereby appro- 
priated to that purpose. 

1942 Code § 4689; 1932 Code § 4689; 1922 (32) 910; 1923 (33) 793; 1929 (36) 7, 197, 
1053; 1933 (38) 334; 1936 (39) 1625; 1954 (48) 1435. 

Effect of amendment. — -"Supervisor" was 
changed to "county board" by A. & J. R. 
1954 (48) 1435. 

Article 2. 

County Advisory Board. 

§ 14-3021. County advisory board; appointment and terms of office. 

Cross reference. — See now § 14-3000. 
Repealed by A. & J. R. 1954 (48) 1435. 

§ 14-3023. Duties and powers of board. 
Cross reference. — See now § 14-3000. 
Repealed by A. & J. R. 1954 (48) 1435. 

§ 14-3023.1. Inventory and annual audit; prerequisite to sale. 

Cross reference. — See now § 14-3000. 
Repealed by A. & J. R. 1954 (48) 1435. 

§ 14-3024. Annual financial statement of board. 

Repealed by A. & J. R. 1954 (48) 1435. 

Article 3. 
County Comptroller. 
§ 14-3035. Comptroller's office clerk to supervisor. 

Repealed by A. & J. R. 1954 (48) 1435. 

§ 14-3037. Duties. 

(8) Enforce the law that no warrant or voucher shall be honored and no check 
issued in excess of the moneys provided for any particular purpose, and to this 
end shall report to the grand jury all overdrafts against any account and the 
officer responsible for the same and notify the county legislative delegation, the 
treasurer and the county board or superintendent of education accordingly as the 
county board or superintendent of education issues vouchers against the fund. 

1942 Code § 4694; 1933 (38) 66, 162; 1934 (38) 1449; 1954 (48) 1435. 

Effect of amendment. — "Supervisor" was in above (8) by A. & J. R. (48) 1435. The 
changed to "county board" in two instances section otherwise remains unchanged. 



19 



§ 14-3157 Code of Laws of 1 South Carolina § 14-3307 

CHAPTER 53. 
Pickens County. 
Article 1. 
Pickens County. 

Sec. 

14-3157. Office hours for county officers. 

Article 1. 
General Provisions. 

§ 14-3157. Office hours for county officers. 

Amended by A. & J. R. 1953 (48) 12. 

CHAPTER 54. 

Richland County. 

Article 1. 
General Provisions. 

Sec. 

14-3201.1. Terms of office of commission- 
ers and supervisor. 

Article 1. 
General Provisions. 

§ 14-3201.1. Terms of office of commissioners and supervisor. 

The terms of office of the supervisor and each member of the county board of 
commissioners in Richland County shall commence on July 1st of each year 
preceding the vear of a presidential election. 

1952 (47) 1935. 

CHAPTER 56. 
Spartanburg County.* 

Article 1. Sec. 

General Provisions. 14-3307. [Repealed.] 

Sec. 
14-3302. General powers and duties of Article 3. 

board. Financial Matters Generally.* 

Article 1. 
General Provisions. 

§ 14-3302. General powers and duties of board. 

* * * The board shall also review, investigate and recommend to the 
legislative delegation all items concerning the finances and requests for funds not 
included in the annual county appropriation act. 

1942 Code § 4755; 1932 Code § 4755; Civ. C. '22 § 1886; 1925 (34) 296; 1937 (40) 482; 
1954 (48) 1824. 

Effect of amendment. — A mendment 
added above sentence. Section otherwise 
effective. 

§ 14-3307. Purchase of supplies, etc. 

Repealed by A. & J. R. 1952 (47) 1694. 

Article 3. 
Financial Matters Generally* 



* Editor's note. — Attention is called to provisions in A. & J. R. 1954 (48) 2563 (Spart- 
anburg County Supply Act) on page 2578 relating to segregation and disbursement of 
funds received from State Highway Department and also on page 2585 relating filing of 
certifications by municipalities for certain funds. These provisions indicate permanency. 

20 



§ 14-3420.1 1954 Cumulative Supplement § 14-3607 

CHAPTER 57. 
Sumter County. 

Sec. 

14-3420.1. Publication of receipts and dis- 
bursements annually. 

§ 14-3420.1. Publication of receipts and disbursements annually. 

Provisions of A. & J. R. 1953 (48) 1256 make up this section. 

CHAPTER 58. 
Union County.* 
Article 2. Sec. 

Governing Body. 14-3466. Appointment of certain county 

Sec. employees. 

14-3461. Election and terms of township 14-3466.1. Operation of county home and 

commissioners. chain gang. 

14-3465. [Repealed.] 

Article 2. 
Governing Body. 
§ 14-3461. Election and term of township commissioners. 

Amended by A. & J. R. 1953 (48) 247. 
§ 14-3465. County attorney and county physician. 

Repealed by A. & J. R. 1953 (48) 407. 
§ 14-3466. Appointment of certain county employees. 

Repealed by A. & J. R. 1953 (48) 407. 
§ 14-3466.1. Operation of county home and chain gang. 

Provisions of § 3 of A. & J. R. 1953 (48) 407 make up this section. 

CHAPTER 60. 
York County. 
Article 2. 
Salaries in Lieu of Fees for Certain 
Officers. 
Sec. 

14-3625. Collection of fees by probate 
judge. 

Article 1. 
Supervisor and Commissioners. 
§ 14-3602. Recommendation to Governor. 

Quoted in Glasscock v. Bradford, 218 
S. C. 458, 63 S. E. (2d) 166 (1951). 
§ 14-3607. Appointment of members of board; term and salary. 

Office of county director to be filled by by primary. Bradford v. Byrnes, 221 S. 

executive appointment.— This article is C. 255, 70 S. E. (2d) 228 (1952). 
too plain to admit of any other construe- And this plan is not inconsistent with 

tion than that the office of York County our constitutional scheme of government 

director shall be filled by executive ap- by "checks and balances." The Senator 

pointment, not election. Glasscock v. cannot make a legal recommendation 

Bradford, 218 S. C. 458, 63 S. E. (2d) alone; nor can the representatives, or a 

166 (1951), holding it unnecessary in this majority of them. Bradford v. Byrnes, 

proceeding to determine how the direc- 221 S. C. 255, 70 S. E. (2d) 228 (1952). 
tors may be nominated in compliance Effect of failure of legislative delega- 

with § 14-3608, or whether it may be tion to make recommendations. — The 

validly done. long-continued failure of a majority, in- 

This section requires the Senator to be eluding the Senator, of the York County 
included in an effective majority of the legislative delegation to recommend per- 
legislative delegation for the purpose of sons for appointment as members of the 
recommending appointees to the county board pursuant to the terms of this sec- 
board of directors, if none be nominated tion created vacancies in the offices of 



* Editor's note. — Attention is called to the provisions of § 18 of A. & J. R. 1954 (48) 
2612 (Union County Supply Act for 1954-55) which provides that the said act shall con- 
tinue in the future until changed by a repealing act. 

21 



§ 14-3608 Code of Laws of South Carolina § 15.1 

county directors and gave rise to the Bradford v. Byrnes, 221 S. C. 255, 70 S. 
power of the Governor to appoint under E. (2d) 228 (1952). 
the general laws, §§ 14-302 and 1-122. 

§ 14-3608. Nomination of members. 

"Nomination" in general election inef- tual. Glasscock v. Bradford, 218 S. C. 

fectual. — z\ttempted "nomination" of mem- 458, 63 S. E. (2d) 166 (1951). See note 

bers of the York County board of direc- to § 14-3607. 
tors in the general election held ineffec- 

ArTICLE 2. 
Salaries in Lieu of Fees for Certain Officers. 
§ 14-3625. Collection of fees by probate judge. 

All fees and licenses payable to the probate judge shall be collected by him in 
advance. The probate judge shall keep in duplicate accurately and completely item- 
ized accounts of all fees and licenses and on or before the tenth day of each calendar 
month he shall deliver one copy sworn to by him to the treasurer and shall pay to 
the treasurer in full all such fees and licenses collected during the preceding month, 
which funds so received by the county treasurer shall be placed to the credit of 
the general county fund. The fee for searches by the probate judge is hereby abol- 
ished in York County. 

1942 Code § 4906; 1932 (37) 1214; 1933 (38) 45. 49, 333; 1934 (38) 1345; 1954 (48) 1747. 

Effect of amendment. — Provision for Editor's note. — Last sentence in this sec- 

payment of 50^ for marriage license fee for tion surplusage in view of § 27-320. 
school fund eliminated by A. & J. R. 1954 
(48) 1747. 



Title 15. 
Courts. 

Chap. 3. The Circuit Courts, §§ 15-262 to 15-286. 

4. The Probate Courts, §§ 15-410.1 to 15-501. 

5. The County Courts, §§ 15-669 to 15-814. 

6. Municipal Courts, §§ 15-1001 to 15-1031. 

7.1. Domestic Relations Court in Laurens County, §§ 15-1281.1 to 15-1293.1. 

7.2. Juvenile and Domestic Relations Court for Greenville County, § 15- 

1297. 
8. Children's Court, § 15-1301 to 15-1382. 
9.1. The Civil and Criminal Court of Darlington County, §§ 15-1580.1 to 15- 
1599.3. 

10. The Civil Court of Florence, § 15-1602.1. 
10.1. The Civil Court of Horry, § 15-1621. 

10.11. The Civil and Domestic Relations Court of Sumter County, § 15-1650. 

11. Clerks of Court, §§ 15-1764.1 to 15-1782.1. 

12. Masters, §§ 15-1801 to 15-1817.7. 

13. Stenographers, Auctioneers, Bailiffs and Other Court Attaches, §15- 

1913. 

CHAPTER 1. 
General Provisions. 

§ 15.1. Definition of real property. 

Cited in McDonald v. Welborn, 220 S. 
C. 10, 66 S. E. (2d) 327 (1951). 

22 



§ 15-121 1954 Cumulative Supplement § 15-263 

CHAPTER 2. 
The Supreme Court. 

Article 2. 
Jurisdiction, Duties and Procedure. 

§ 15-121. Original jurisdiction of Supreme Court. 

Writ of habeas corpus can be addressed presented in this instance. State v. White- 

to Supreme Court in its original jurisdiction ner, .... S. C , 81 S. E. (2d) 784 

only under unusual circumstances, but such (1954). 

§ 15-123. Appellate jurisdiction in law cases. 

I. GENERAL CONSIDERATION. S. E. (2d) 641 (1951); Cord v. E. H. 

Cited in Crotts v. Fletcher Motor Co., Hines Const. Co., 220 S. C. 356, 67 S. E. 

219 S. C. 204, 64 S. E. (2d) 540 (1951); (2d) 677 (1951). 
Johnson v. Abney Mills, 219 S. C. 231, 64 

CHAPTER 3. 

The Circuit Courts. 

Article 4. Sec. 

Circuits and Terms of Court. 15-269. Terms of court in fifth circuit. 

Sec. 15-274. Terms of court in sixth circuit. 

15-262. Terms of court in first circuit. 15-277. Terms of court in eighth circuit. 

15-263. Terms of court in second circuit. l5 - 2 l 8 - Terms of court in ninth circui V 

15-264. Terms of court in third circuit. 15-279. Terms of court in tenth circuit. 

15-266. Terms of court in fourth circuit. 15-280. Terms of court in eleventh circuit. 

15-267. May term of common pleas court 15-286. Terms of court in fourteenth circuit, 
for Dillon County. 

Article 4. 
Circuits and Terms of Court. 
§ 15-262. Terms of court in first circuit. 

(1) Calhoun County. — The court of general sessions for Calhoun County shall 
"be held at St. Matthews on the fourth Monday in May, the fourth Monday in Sep- 
tember and the first Monday in February. The court of common pleas for said 
county shall be held at St. Matthezvs on the fourth Monday in April and the first 
Monday in December. And in addition to the terms of the court of common pleas 
above provided for there shall be terms of such court during each of the weeks in 
which there are fixed terms of court for the court of general sessions and immedi- 
ately upon the conclusion of the business of the court of general sessions such court 
shall open and the petit jurors drawn to serve in the court of general sessions shall 
serve as petit jurors in the court of common pleas and any and all business may be 
transacted as at any other term of the court of common pleas. 

1942 Code § 51; 1932 Code § 51; Civ. P. '22 § 49; Civ. P. '12 § 18; Civ. P. '02 § 18; 
1886 (19) 473; 1898 (22) 684; 1901 (23) 624; 1908 (25) 1010; 1909 (26) 230; 1911 (27) 
88; 1912 (28) 771, 772; 1913 (28) 117; 1915 (29) 387, 547; 1916 (29) 690; 1917 (30) 145; 
1919 (31) 238; 1921 (32) 56; 1923 (33) 103; 1925 (34) 59; 1926 (34) 935; 1928 (35) 
1204; 1931 (37) 123; 1934 (38) 1260; 1939 (41) 279; 1941 (42) 118; 1949 (46) 114; 1953 
(48) 34. 

Effect of amendment. — The amendment introductory sentence of the section and 
substituted a term beginning the first Mon- paragraphs (2) and (3) were not affected 
day in December for one formerly begin- by the amendment and are therefore not 
ning the first Monday in November. The set forth above. 

§ 15-263. Terms of court in second circuit. 

(2) Bamberg County. — The court of general sessions for Bamberg County shall 
be held at Bamberg on the third Monday of February and on the second Monday 
in September, each for one week. The court of common pleas for said county shall 

23 



§ 15-264 Code of 1 Laws of South Carolina § 15-264 

be held at Bamberg on the third Monday in April for two weeks, on the second 
Monday in July for one week and on the fourth Monday in October for two weeks. 

1942 Code § 52; Civ. P. '22 § SO; Civ. P. '12 § 19; Civ. P. '02 § 19; 1897 (22) 444; 
1910 (26) 542; 1911 (27) 87; 1912 (27) 770; 1914 (28) 607; 1915 (29) 198; 1916 (29) 
691, 699; 1917 (30) 135; 1919 (31) 43; 1920 (31) 855; 1924 (33) 930; 1926 (34) 991; 
1933 (38) 320; 1935 (39) 308; 1937 (40) 573; 1941 (42) 118; 1948 (45) 2067; 1949 (46) 
9; 1950 (46) 2290; 1951 (47) 31; 1953 (48) 22. 

Effect of amendment. — The amendment tence of the section and paragraphs (1) 
eliminated a term of the court of common and (3) were not affected by the amend- 
pleas that formerly began on the fourth ment and are therefore not set forth above. 
Monday in June. The introductory sen- 

§ 15-264. Terms of court in third circuit. 

The courts of the third judicial circuit shall be held as hereinafter provided. 

(1) Clarendon County. — The court of general sessions for Clarendon County 
shall be held at Manning on the fourth Monday in January, the third Monday in 
June and the second Monday in September, each for one week. The court of com- 
mon pleas for said county shall be held at Manning on the first Monday in March 
for two weeks, the fourth Monday in April for one week, the fourth Monday in 
June for one week and the third Monday in October for two weeks. 

(2) Lee County. — The court of general sessions for Lee County shall be held 
at Bishopville on the first Monday in February, on the second Monday in June 
and on the first Tuesday after the first Monday in September, each for one week. 
The court of common pleas for said county shall be held at Bishopville on the 
fourth Monday in March for one week, the first Monday in May for one week, the 
fourth Monday in September for one week and the fourth Monday in November 
for two weeks. But there shall be no jury trials at the summer term of the court 
of general sessions unless a majority of the Lee County Bar Association deems it 
advisable and so notifies the judge of said circuit. 

(3) Sumter County. — The court of general sessions for Sumter County shall 
be held at Sumter on the second Monday in February for two weeks, on the third 
Monday in May for one week, on the first Monday in November for one week 
and on the second Monday in December for one week. The court of common 
pleas for said county shall be held at Sumter on the first Monday in January for 
three weeks, on the first Monday in April for three weeks, on the first Monday 
after the fourth Monday in September for two weeks and on the second Monday 
in November for one week. 

1942 Code § 53; 1932 Code § 53; Civ. P. '22 § 51; Civ. P. '12 § 20; Civ. P. '02 § 

18; 1884 (18) 886; 1896 (22) 22; 1900 (23) 311; 1902 (23) 1194; 1910 (26) 541; 1914 
(28) 531; 1916 (29) 693; 1924 (33) 1187; 1928 (35) 1288; 1929 (36) 79; 1931 (37) 320, 

376; 1934 (38) 1466; 1936 (39) 1481; 1939 (41) 184; 1940 (41) 1771; 1941 (42) 118; 
1944 (43) 1207; 1951 (47) 250; 1952 (47) 1939; 1953 (48) 168; 1954 (48) 1432. 

Effect of amendments. — The 1952 amend- one of three weeks commencing on the 

ment (1) changed a term of the court of first Monday, changed the commencement 

common pleas of Clarendon County from of the April term of said court from the 

the fourth Monday in June to the fourth second to the first Monday, eliminated the 

Monday in April, (2) reduced to one week July term of said court and reduced the 

the length of the May term of the court December term from two weeks to one. 

of common pleas of Lee County and The 1953 amendment added a term of 

added a term of one week for said court the court of common pleas of Clarendon 

commencing on the fourth Monday in County beginning on the fourth Monday 

March, (3) reduced to one week the j n June 

length of the November term of the court 1954 ' amendment changed December 

°Ju ? e " er , al t , ses T sl ° ns f of Sumter County t£rm f { sessIons to second week 

eliminated the July term of said court and , ,, -,. , , ,. . . , ,, ^ 

added terms of said court beginning on rom the third and eliminated the Decem- 

the third Monday of May and December ber term of common pleas, 

of one week each, and (4) changed the Jan- Paragraph (4) of the original section, 

uary term of the court of common pleas of relating to the courts of Williamsburg 

Sumter County from one of two weeks County, was not affected by either amend- 

commencing on the second Monday to ment and therefore is not set out above. 

24 



§ 15-266 1954 Cumulative Supplement § 15-269 

§ 15-266. Terms of court in fourth circuit. 

(2) Courts of Common Pleas: At Chesterfield for Chesterfield County on the 
first Monday in January, the third Monday in February, the third Monday in April, 
the fourth Monday in May, the first Monday in September, the first Monday in 
October and the fourth Monday in November ; at Bennettsville for Marlboro 
County on the third Monday in January, the first Monday in March, the first 
Monday in April, the third Monday in May, the second Monday in October and 
the first Monday in December ; at Darlington for Darlington County on the fourth 
Monday in January, the fourth Monday in March, the second Monday in April, the 
second Monday in May, the third Monday in September and the second Monday 
in December ; at Dillon for Dillon County on the fourth Monday in February, the 
first Monday in May, the fourth Monday in September and the third Monday in 
October. 

1942 Code § 54; 1932 Code § 54; Civ. P. '22 § 52; Civ. P. '12 § 21; Civ. P. '02 § 21; 
1883 (18) 305; 1887 (19) 999; 1897 (22) 404; 1901 (23) 627; 1910 (26) 544; 1911 (27) 
80; 1922 (32) 780; 1924 (33) 932; 1925 (34) 233; 1932 (37) 1213; 1934 (38) 1400; 
1935 (39) 440; 1937 (40) 573; 1940 (41) 1646, 1754, 1844; 1941 (42) 118, 151; 1944 (43) 
1359; 1950 (46) 1983; 1951 (47) 51; 1953 (48) 32. 

Effect of amendment. — The amendment tion and paragraph (1) thereof were not 
added a term of court for Dillon County affected by the amendment and are there- 
beginning on the third Monday in Octo- fore not set forth above. 
ber. The introductory sentence of the sec- 

§ 15-267. May term of common pleas court for Dillon County. 

The terms of the common pleas court for Dillon County which begin on the 
first Monday in May and the fourth Monday in September shall automatically be 
called off unless a meeting of the Dillon County Bar be held at least two weeks 
before each such term is to begin and at least one-third of the members of said 
Bar attending such meeting and having cases to be tried at such term vote that 
such term be held. Any two members of the Bar may call such meeting on not 
less than two days' notice. When a term of court is not to be held, the clerk of 
court shall notify the judge assigned to hold it. 

1950 (46) 1983; 1953 (48) 26. 

Effect of amendment. — The section 
formerly applied only to the term of court 
beginning on the first Monday in May. 

§ 15-269. Terms of court in fifth circuit. 

(3) Additional Terms for Certain Matters. — In addition to the terms of court 
hereinbefore set forth, there shall be held additional terms of court, without juries, 
to hear equity matters and all matters not requiring jury trials, the same to be 
held as follows : 

(a) Richland County: On the third Monday in February, on the second Mon- 
day in June and on the fourth Monday in October, each for one week; and 

(b) Kershaw County: On the second Monday in January, on the second Mon- 
day in April and on the second Monday in September, each for one week. 

Tbe terms of court provided for in this paragraph (3) shall be presided over 
by a judge other than the regularly assigned judge, to be selected by the Chief 
Justice from the regular or retired circuit judges, or he may select a special judge, 
qualified by law, to hold such terms. The terms of court provided for in this para- 
graph (3), if found at any time to be unnecessary, shall be called off as the law 
now provides for other terms. 

1942 Code § 55; 1932 Code §§ 55, 986; Civ. P. '22 §§ 53, 77; Civ. P. '12 § 22; Civ. P. 
'02 § 22; 1877 (16) 299; 1896 (22) 24; 1899 (23) 33; 1910 (26) 541; 1912 (27) 768; 
1913 (28) 13; 1915 (29) 175; 1919 (31) 18; 1922 (32) 799; 1924 (33) 933; 1926 (34) 991, 
999; 1938 (40) 1918; 1939 (41) 424; 1940 (41) 1699; 1941 (42) 118; 1948 (45) 1781; 
1953 (48) 187. 

25 



§ 15-274 Code of Laws of South Carolina § 15-277 

Effect of amendment. — The phrase "or troductory sentence of the section and 

he may select a special judge, qualified by paragraphs (1) and (2) were not affected 

law, to hold such terms," at the end of the by the amendment and are therefore not 

next to the last sentence, is new. The in- set forth above. 

§ 15-274. Terms of court in sixth circuit. 

(2) Fairfield County. — The court of general sessions for Fairfield County shall 
be held at Winnsboro on the first Monday in February, the second Monday in June 
and the Tuesday following the first Monday in September. The court of common 
pleas for said county shall be held at Winnsboro on the second Monday in March, 
the fourth Monday in April, the second Monday in October and the third Monday 
in November. 

(4) York County. — The court of general sessions for York County shall be held 
at York on the first Monday in January, the third Monday in March, the first Mon- 
day in May, the second Monday in July, the second Monday in September, the 
fourth Monday in November, the fifth Monday in November when there is a fifth 
Monday in November, the first Monday in December and the third Monday in 
December. The court of common pleas for said county shall be held at York on 
the fourth Monday in January, the fourth Monday in February, the fourth Monday 
in March, the third Monday in April, the first Monday in June, the fourth Monday 
in September and the second Monday in November. But a term of the court of 
common pleas for said county shall follow immediately upon the adjournment of 
any term of the court of general sessions and when such a term so follows in the 
same week in which a term of the court of general sessions has been held the venire 
called for the court of general sessions shall also serve as the venire for the court 
of common pleas. 

1942 Code § 56; 1932 Code § 56; Civ. P. J 22 § 54; Civ. P. '12 § 23; Civ. P. '02 § 23; 
1885 (19) 223; 1899 (22) 34; 1900 (23) 312; 1907 (25) 617; 1911 (27) 64; 1916 (29) 698; 
1922 (32) 838; 1925 (34) 29; 1928 (35) 1216; 1929 (36) 41; 1930 (36) 1098, 1264; 1933 
(38) 136; 1934 (38) 1199, 1254; 1935 (39) 237; 1937 (40) 452; 1938 (40) 1698; 1941 (42) 
118; 1944 (43) 1351; 1948 (45) 1691; 1949 (46) 254, 338, 571; 1950 (46) 2222; 1953 (48) 253. 

Effect of amendment. — The amendment second to the third Monday in March. The 
changed the beginning of a term of the introductory sentence of the section and 
court of common pleas for Fairfield County paragraphs (1) and (3) were not affected 
from the third to the second Monday in by the amendment and are therefore not 
March and changed a term of the court of set fourth above, 
general sessions of York County from the 

§ 15-277. Terms of court in eighth circuit. 

(2) Greenwood County. — The court of general sessions for Greenwood County 
shall be held at Greenwood on the second Monday in January, the second Monday 
in April, the fourth Monday in June and the second Monday in September. The 
court of common pleas for said county .shall be held at Greenwood on the first Mon- 
day in March, the third Monday in April, the fourth Monday in May for one week, 
the first Monday after the fourth Monday in September, and the third Monday in 
November. 

(3) Laurens County. — The court of general sessions for Laurens County shall 
be held at Laurens on the third Monday in February, the second Monday in June, 
the fourth Monday in September and the second Monday in November. The court 
of common pleas for said county shall be held at Laurens on the second Monday in 
March, the second Monday in May and the fourth Monday in October for two 
weeks each. 

(4) Newberry County. — The court of general sessions for Newberry County 
shall be held at Newberry on the third Monday in March, on the third Monday in 
June, on the third Monday in September and on the first Monday in December, 
in each case for one week. The court of common pleas for said county shall be 
held at Newberry on the fourth Monday in January, on the first Monday in May 

26 



§ 15-278 1954 Cumulative Supplement § 15-279 

for equity only, on the fourth Monday in April, on the third Monday in October 
and on the fourth Monday in November, in each case for one week. 

1942 Code § 58; 1932 Code § 58; Civ. P. '22 § 56; Civ. P. '12 § 25; Civ. P. '02 §§ 
24, 25; 1889 (20) 360; 1891 (20) 1113; 1896 (22) 26; 1899 (23) 37; 1900 (23) 314; 
1901 (23) 629; 1910 (26) 538; 1916 (29) 696; 1919 (31) 113; 1920 (31) 807; 1922 (32) 
1039; 1925 (34) 277; 1928 (35) 1152; 1932 (37) 1390; 1934 (38) 1446; 1939 (41) 485; 
1941 (42) 118, 129; 1947 (45) 521; 1951 (47) 292; 1953 (48) 311; 1954 (48) 1538. 

Effect of amendments. — The 1953 amend- Laurens County from three weeks to two 
ment added a new term of the court of weeks. 

common pleas for Greenwood County be- The 1954 amendment added the May 

ginning on the fourth Monday in May and equity term of common pleas, 
changed the date for beginning the Novem- The introductory sentence of the sec- 

ber term from the first to the third Mon- tion and paragraph (1) thereof was not 
day. It also reduced the March and May affected by the amendments and is there- 
terms of the court of common pleas of fore not set forth above. 

§ 15-278. Terms of court in ninth circuit. 

(2) Charleston County. — The court of general sessions for Charleston County 
shall be held at Charleston on the first Monday in January for one week, on the 
first Monday in March for two weeks, on the first Monday in June for two weeks, 
on the second Monday in September for two weeks and on the first Monday in 
December for two weeks. The court of common pleas for said county shall be held 
at Charleston on the second Monday in January for one week for the disposal of 
motions, equity matters and any other matters not requiring the attendance of a 
jury, on the first Monday in February for four weeks for the disposal of jury 
matters, on the fourth Monday in March for five weeks for jury matters and on 
the third Monday in October for six weeks, the first of which shall be for the dis- 
posal of motions, equity matters and any other matters not requiring the attendance 
of a jury and the remaining five weeks for the disposal of jury matters. 

The first day of each term of the court of common pleas provided for in Charles- 
ton County shall be set aside for pre-trial motions and all matters not requiring a 
jury, except the two terms in Charleston County of which an entire week is desig- 
nated for that purpose. When the first day of a term of the court of common pleas 
is set aside for pre-trial motions and matters not requiring a jury, the jury for 
such court of common pleas shall not be summoned to appear on the first day of 
the term but shall be summoned to appear on the second day of the term. 

1942 Code § 59; 1932 Code § 59; Civ. P. '22 § 57; Civ. P. '12 § 26; Civ. P. '02 § 18; 
1884 (18) 686; 1887 (19) 987; 1894 (21) 717; 1898 (22) 683; 1899 (23) 258; 1900 (23) 
309; 1909 (26) 163; 1913 (28) 19, 31; 1915 (29) 179; 1917 (30) 138; 1920 (31) 725; 1921 
(32) 203; 1923 (33) 128; 1925 (34) 280; 1926 (34) 1047, 1048; 1930 (36) 1135; 1931 (37) 
245; 1941 (42) 118; 1947 (45) 525; 1953 (48) 64; 1954 (48) 1446. 

Effect of amendments. — The 1953 amend- term and added one week for jury matters 
ment rewrote the second sentence of para- during such term. 

graph (2) and added the last paragraph The introductory sentence of the sec- 

above, tion and paragraph (1) were not affected 

The 1954 amendment eliminated one by the amendments and are therefore not 
week for non-jury matters during October set forth above. 

§ 15-279. Terms in tenth circuit. 

The courts of the tenth judicial circuit shall be held as hereinafter provided. 

(1) Anderson County. — The court of general sessions for Anderson County 
shall be held at Anderson on the first Monday in February, the second Monday 
in May, the first Monday in September and said third Monday in November. The 
court of common pleas for the county shall be held at Anderson on the second Mon- 
day in January, the second Monday in March, the second Monday in April, the 
second Monday in June, the first Monday in October and the first Monday in De- 
cember. 

(2) Oconee County. — The court of general sessions for Oconee County shall be 
held at JValhalla on the fourth Monday in February, the fourth Monday in June 

27 



§ 15-280 Code of Laws of South Carolina § 15-286 

and the first Monday in November. The court of common pleas for said county 
shall be held at Walhalla on the fourth Monday in May and the third Monday in 
September. 

1942 Code § 60; 1932 Code § 60; Civ. P. '22 § 58; Civ. P. '12 § 27; Civ. P. '02 § 25; 
1908 (25) 1013; 1912 (27) 549; 1913 (28) 138; 1914 (28) 608; 1941 (42) 118; 1954 (48) 1749. 

Effect of amendment. — The 1954 Amend- Monday in February and (2) the first 
ment in Anderson County as to common Monday in July term to the fourth Mon- 
pleas changed (1) the June term to the day in June and as to common pleas (1) 
second Monday from the third Monday the fourth Monday in March term to the 
and (2) added a new term on the second fourth Monday in May and (2) the third 
Monday in January, and in Oconee County Monday in October term to the third 
as to general sessions changed (1) the Monday in September and (3) eliminated 
first Monday in March term to the fourth the term in July. 

§ 15-280. Terms of court in eleventh circuit. 

(2) McCormick County. — The court of general sessions for McCormick County 
shall be held at McCormick on the first Monday in February, the second Monday 
in June, the first Monday in October for two weeks or as much thereof as neces- 
sary. The court of common pleas for said county shall be held at the same place 
immediately upon the conclusion of the work of the February court of general 
sessions, immediately upon the conclusion of the work of the court of general ses- 
sions in June, and immediately upon the conclusion of the work of the court of 
general sessions in October. Jurors drawn shall be eligible to serve both in the 
court of general sessions and the court of common pleas but a separate jury shall 
be drawn for the second week of each term of court. 

1942 Code § 61; 1932 Code § 61; Civ. P. '22 § 59; Civ. P. '12 § 28; Civ. P. '02 § 22; 
1877 (16) 299; 1896 (22) 24; 1897 (22) 433; 1899 (23) 33, 685; 1909 (26) 169; 1916 (29) 
717; 1917 (30) 53; 1930 (36) 1111, 1170; 1936 (39) 1332; 1941 (42) 118, 164; 1945 (44) 
5; 1948 (45) 1854; 1954 (48) 1418, 1473. 

Effect of amendment. — The first 1954 The second 1954 amendment made 

amendment added at end of first sentence jurors eligible to serve in either court but 
"for two weeks or as much thereof as required a new jury to be drawn for each 
necessary" and provided for new panel of week. 

petit jurors for common pleas in lieu of Section otherwise remains effective, 

using panel of general sessions petit jurors. 

§ 15-286. Terms of court in fourteenth circuit. 

The courts in the fourteenth judicial circuit shall be held as hereinafter provided. 

(1) Allendale County. — The courts of general sessions for Allendale County 
shall be held at Allendale on the third Monday in April, on the third Monday in 
June and on the third Monday in October, in each case for one week. The court 
of common pleas for said county shall be held at Allendale on the fourth Monday 
in April for two weeks and on the second Monday in November for one week. 

And in addition to the terms of the court of common pleas above provided for 
there shall be terms of such court during each of the weeks in which there are 
fixed terms of court for the court of general sessions. At such terms, immediately 
upon the conclusion of the business of the court of general sessions, the court of 
common pleas shall open and the petit jurors drawn to serve in the court of general 
sessions shall serve as petit jurors in the court of common pleas. At such terms 
any business may be transacted that may be transacted at any other term of the 
court of common pleas. 

(2) Beaufort County. — The courts of general sessions for Beaufort County shall 
be held at Beaufort on the first Monday in March, on the fourth Monday in June 
and on the first Monday in November, in each case for one week. The courts of 
common pleas for said county shall be held at Beaufort on the third Monday of 
March for two weeks, on the fourth Monday in June as soon as the court of gen- 
eral sessions shall have concluded and during the remainder of the week, on the 
second Monday in September for one week, and on the fourth Monday in No- 
vember for one week. 

28 



§ 15-410.1 1954 Cumulative Supplement § 15-426 

1942 Code § 64; 1932 Code § 64; Civ. P. '22 § 62; Civ. P. '12 §§ 19, 26; Civ. P. '02 
§ 19; 1883 (18) 462; 1884 (18) 886; 1896 (22) 20; 1900 (23) 310; 1901 (23) 624; 1910 
(26) 542; 1911 (27) 87;"1912 (27) 580, 770; 1913 (28) 19, 31; 1914 (28) 607; 1915 (29) 
79, 198; 1916 (29) 700; 1917 (30) 37, 49; 1920 (31) 919; 1922 (32) 929; 1923 (33) 182; 
1925 (34) 18; 1926 (34) 929; 1928 (35) 1179, 1264; 1929 (36) 26; 1931 (37) 257; 1934 (38) 
1539; 1935 (39) 87; 1941 (42) 118; 1945 (44) 152; 1950 (46) 2204; 1952 (47) 2035; 1953 
(48) 440. 

Effect of amendments. — The 1952 amend- ond Monday in September. Neither of the 
ment added the second paragraph of sub- amendments affected the introductory sen- 
division (1) above. The 1953 amendment tence of the section nor subdivisions (3) 
added a term of the court of common pleas to (5) thereof and consequently they are 
for Beaufort County beginning on the sec- not set forth above. 

CHAPTER 4. 

The Probate Courts. 
Article 1. Article 2. 

Establishment, Officers, etc. Terms, Jurisdiction, Procedure, etc. 

Sec. Sec. 

15-410.1. Salary of probate judge, Jasper 15-444. Jurisdiction of judges. 

County. 
15-410.2. Fees in Jasper County to be paid Article 4. 

to treasurer. Probate Judges as Masters. 

15-426. Same; local exceptions; bond of 15-501. In what counties judges to act. 
clerk in such counties. 

Article 1. 
Establishment, Officers, etc. 
§ 15-410.1. Salary of probate judge, Jasper County. 

The probate judge of Jasper County shall receive as compensation for perform- 
ing the duties of his office such salary and expenses as may be provided for in the 
annual supply act of the county or in some other act of the General Assembly of 
the State. The salary and expenses shall be in lieu of all fees, commissions and 
costs as fixed by law for the office. 

1953 (48) 310. 

§ 15-410.2. Fees in Jasper County to be paid to treasurer. 

All commissions, fees and costs provided by law shall be collected by the probate 
judge of Jasper County and paid over to the treasurer of the county each month 
for credit to the general county fund. But fees, commissions and costs of adminis- 
tration of estates of decedents shall be collected and paid over to the county treas- 
urer upon the conclusion of such estate and the discharge of the personal repre- 
sentative. 

1953 (48) 310. 

§ 15-426. Same; local exceptions; bond of clerk in such counties. 

In Aiken, Anderson, Barnwell, Horry, Orangeburg, Richland and Spartanburg 
Counties, when so qualified by appointment by the probate judge for said counties, 
the clerk may do and perform any and all of the duties appertaining to the office 
of his principal. The probate judge in said counties may take such bond and se- 
curity from his clerk as he shall deem necessary to secure the faithful discharge of 
the duties of the appointment but shall in all cases be answerable for the neglect 
of duty or misconduct in office of his clerk. 

1942 Code § 206; 1932 Code § 206; Civ. P. '22 § 164; Civ. P. '12 § 40; Civ. P. '02 § 
35; 1870 (14) 36; 1877 (16) 233; 1918 (30) 833; 1927 (35) 103, 251; 1929 (36) 78; 1932 
(37) 1261; 1943 (43) 259; 1953 (48) 221. 

Effect of amendment. — The amendment 
added the clerk in Orangeburg County to 
the list of clerks affected by the section. 

29 



§ 15-444 Code of Laws of South Carol en a § 15-669 

Article 2. 
Terms, Jurisdiction, Procedure, etc. 

§ 15-444. Jurisdiction of judges. 

Every judge of probate, in his county, shall have jurisdiction in all matters tes- 
tamentary and of administration, in business appertaining to minors and the allot- 
ment of dower and in cases of mental incompetency. 

"1942 Code § 208; 1932 Code § 208; Civ. P. '22 § 166; Civ. P. '12 § 42; Civ. P. '02 
§ 37; 1870 (14) § 38; 1952 (47) 2042. 

Effect of amendment. — The amendment tency" for the phrase "idiocy and lunacy 
substituted the pharse "mental incompe- and of persons non compos mentis." 

§ 15-461. Notice prior to discharge of administrators, etc.; effect of dis- 
charge. 

The absence from the judgment roll of tative void on its face so as to subject it 

a petition and order showing the appoint- to collateral attack by such heirs in an 

ment of a guardian ad litem for infant action on the representative's bond, 

heirs does not render the probate court's Fouche v. Royal Indemnity Co., 217 S. 

judgment discharging a personal represen- C. 147, 60 S. E. (2d) 73 (1950). 

Article 4. 
Probate Judges as Masters. 
§ 15-501. In what counties judges to act. 

All duties, powers and emoluments ordinarily imposed upon, vested in or at- 
tached to the office of master are hereby imposed upon, vested in and attached to 
the office of the judge of probate in the counties of Allendale, Anderson, Bamberg, 
Colleton, Darlington, Dorchester, Edgefield, Greenzvood, McCormick, Marion, 
Nezvberry, Oconee and Union. Such probate judges shall receive for the discharge 
of such duties the same fees as are allowed masters in other counties. 

1942 Code §§ 3700-2, 3700-3, 3700-4, 3701-4, 3701-5, 3701-7, 3702-3, 3703-2, 3703-3, 3703-5, 
3704-3; 1932 Code §§ 3657, 3658, 3659, 3660, 3661, 3662, 3664, 3665, 3666, 3667, 3668, 3669, 
3670, 3671, 3672, 3673, 3675, 3676, 3680, 3681, 3685; Civ. C. '22 §§ 2199, 2200, 2201, 2202, 
2203, 2204, 2206, 2207, 2208, 2209, 2210, 2211, 2212, 2213, 2214, 2215, 2217, 2218; Civ. C. 
'12 § 1372; Civ. C. '02 § 965; 1893 (21) 649; 1894 (21) 977; 1912 (27) 636; 1913 (28) 128; 
1916 (29) 796; 1917 (30) 27; 1918 (30) 710, 833; 1921 (32) 5; 1923 (33) 131, 193, 202; 
1927 (35) 199, 304; 1932 (37) 1171; 1933 (38) 125; 1937 (40) 133; 1942 (42) 1733; 1945 
(44) 60; 1948 (45) 1814; 1949 (46) 420; 1954 (48) 1699. 

Effect of amendment. — The amendment 
eliminated Berkeley County from the first 
sentence. 

CHAPTER 5. 

The County Courts. 

Article 2. Sec. 

County Court of Greenville County. 15-701.1. Jurisdiction, powers, etc. 

Sec. 15-702. Judge of county court. 

15-669. Drawing and summoning jurors. 15-704. Compensation of county judge. 

15-723. Terms of court. 
Article 4. 
County Court for the County of Article 6. 

Orangeburg. County Court of Spartanburg County. 

15-700. Established. 15-814. Grand jury. 

15-701. [Superseded.] 

Article 2. 

County Court of Greenville County. 

§ 15-669. Drawing and summoning jurors. 

Such commissioners shall, upon the order of said court, at such time as shall be 
fixed, draw from the jury box a panel of petit jurors, whether the same has been 

30 



§ 15-700 1954 Cumulative Supplement § 15-704 

previously drawn or not, 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. 
Such venire shall be returnable at such time as may be named by the court and the 
persons so served shall be the jurors for said court. The law relating to the quali- 
fications, drawing and summoning of jurors of the circuit court shall apply, except 
as is herein otherwise provided. No more than twenty-two persons shall be drawn 
and summoned to attend any civil session of the county court nor more than twenty- 
four persons shall be drawn and summoned to attend at any criminal session of the 
county court, unless the court shall otherwise order. 

1942 Code § 130; 1935 (39) 6; 1953 (48) 341. 

Effect of amendment. — The last sentence of 18 persons for both civil and criminal 
formerly provided for drawing a maximum sessions. 

Article 4. 
County Court for the County of Orangeburg. 
§ 15-700. Established. 

The county court for the county of Orangeburg is established as the county court 
for the county of Orangeburg under the amendment to Section 1 of Article V of 
the Constitution relating to this court. 
1953 (48) 47. 

§ 15-701. Established. 

Superseded by A. & J. R. 1953 (48) 47. 
Crosss reference. — See now § 15-700. 

§ 15-701.1. Jurisdiction, powers, etc. 

The county court, as established under this article, shall have the jurisdiction 
and powers and be subject to the limitations prescribed in §§ 15-702 through 15- 
742. 

1953 (48) 47. 

§ 15-702. Judge of county court. 

The Governor shall appoint a county judge upon the recommendation of a ma- 
jority of the members of the Orangeburg County Bar Association at a meeting to 
be held by the said association, of which not less than five days' notice shall be 
given by mail to the members thereof by its chairman. The county judge shall be 
a resident practicing attorney of the Orangeburg County Bar and shall qualify and 
take the oath of office provided for circuit judges. The term of office of the county 
judge shall be for four years from the date of his qualification, the term of the first 
judge having begun on July 1 1953, and he shall serve until his successor is like- 
wise appointed and shall have qualified. In case of a vacancy in such office the 
Governor shall appoint his successor for the unexpired term in like manner upon 
the recommendation of the Orangeburg County Bar Association. 

1942 Code § 142; 1932 Code § 142; 1925 (34) 161; 1933 (38) 564; 1953 (48) 47. 

Effect of amendment. — The amendment 
provided that the term of the first judge 
would commence July 1, 1953. 

§ 15-704. Compensation of county judge. 

The annual salary of the county judge shall be not less than sixty per cent of 
the salary paid at the time to the circuit judges of the State and shall be paid 
monthly by the county. 

1942 Code § 155; 1932 Code § 155; 1925 (34) 161; 1951 (47) 506; 1953 (48) 47. 

Effect of amendment. — The amendment than 60 per cent of the salary paid circuit 
provided that the salary would be not less judges. 

31 



§ 15-723 Code of Laws of South Carolina § 15-814 

§ 15-723. Terms of court. 

The county court shall be held on the second Monday of February, the third 
Monday of June and on the fourth Monday of October of each year and at such 
other times as the judge or court shall order and shall continue for such time as 
is necessary to dispose of the business before the court. Each week which may be 
designated for jury trial shall be considered a term and the county judge may 
designate the time for holding both the civil and the criminal terms. 

1942 Code § 150; 1932 Code § 150; 1925 (34) 161; 1953 (48) 47. 

Effect of amendment. — Terms formerly ary, March, April, May, July, September 
began on the second Mondays of Febru- and November. 

Article 5. 
County Court of Richland County. 
§ 15-764. Jurisdiction. 

Suit to enjoin enforcement of town or- except water purchased from the town or 

dinance. — The county court of Richland the public works commission. De Tre- 

County had jurisdiction of the subject ville v. Groover, 219 S. C. 313, 65 S. E. 

matter of a suit by citizens of a town, to (2d) 232 (1951). 

enjoin enforcement of a town ordinance Cited in Evans v. Manning, 217 S. C. 

prohibiting the purchase or sale of water 10, 59 S. E. (2d) 341 (1950). 

§ 15-769. Habeas corpus and bail. 

The power to grant bail mentioned in And under this section the county court 

this section includes the power to grant has jurisdiction to issue the writ of ha- 

bail in criminal proceedings. Evans v. beas corpus in a proceeding of a criminal 

Manning, 217 S. C. 10, 59 S. E. (2d) 341 nature. Evans v. Manning, 217 S. C. 10, 

(1950). 59 S. E. (2d) 341 (1950). 

Article 6. 
County Court of Spartanburg County. 
§ 15-814. Grand jury. 

All arrest warrants and bonds taken thereon, issued or taken by any magistrate 
within the jurisdiction of either the court of general sessions or the county court, 
shall be sent to the solicitor of the seventh judicial circuit, who shall prepare all in- 
dictments of which the county court or court of general sessions has jurisdiction and 
shall present them to the grand jury at each session of the court of general sessions 
in which a person is entitled to a presentment before a grand jury. 

The grand jury drawn for and serving the court of general sessions of Spartan- 
burg County shall constitute the grand jury for the county court and need not meet 
with the county court except when specially ordered to do so by the judge of 
the county court. When true bills are found by such grand jury, the clerk of the 
court of general sessions, upon order of the presiding judge of said court, shall 
certify to the county court for trial or other disposition such bills as the solicitor 
shall transfer. 

All bonds shall provide for appearance before the court of general sessions, but 
the obligation thereof shall also apply to all cases transferred from the court of 
general sessions to the county court by the solicitor of the court of general sessions. 

1942 Code § 199; 1932 Code § 199; 1930 (36) 1117; 1953 (48) 460. 

Effect of amendment. — The amendment 
rewrote the section. 



32 



§ 15-901 1954 Cumulative Supplement § 15-1003.1 

CHAPTER 6. 
Municipal Courts. 
Article 7. Sec. 

In Cities of One Thousand and Not over 15-1003.1. Same; exception as to salary of 

Fifty Thousand. recorder of Aiken. 

Sec. A * 1 8 

15-1001. Established in cities over twenty 

thousand and not over fifty Municipal Court of Spartanburg. 

thousand. 15-1031. Established; hours. 

15-1002. Council may establish in cities of 
one thousand and not over 
twenty thousand. 

Article 1. 
Generally. 
§ 15-901. Mayor or intendent has powers of magistrate in criminal cases. 

This article makes § 43-243 applicable magistrate for any violation of law to de- 

to municipal courts. — The provisions of posit with the magistrate cash in lieu of 

this article relating to jurisdiction of mu- entering into a recognizance, applicable to 

nicipal courts have the effect of making § charges preferred in municipal courts. 

43-243, which gives the right to all per- State v. Langford, 223 S. C. 20, 73 S. E. 

sons charged and to be tried before any (2d) 854 (1953). 

§ 15-915. Appeal to court of general sessions. 

Applied in North Augusta v. Fennell, 
221 S. C. 112, 69 S. E. (2d) 121 (1952). 

Article 7. 

In Cities of One Thousand and Not over Fifty Thousand. 

§ 15-1001. Established in cities over twenty thousand and not over fifty 
thousand. 

A municipal court is hereby established for every city in this State whose popu- 
lation by the last census was not less than twenty thousand and not more than 
fifty thousand or which may now or hereafter by actual enumeration have a popu- 
lation within such limits, except the cities of Spartanburg and Charleston. 

1942 Code § 959; 1932 Code §§ 959, 7246; Cr. P. '22 § 49; Civ. C. '22 § 4401; Cr. C 
'12 § 49; Civ. C. '12 § 3001; 1902 (23) 1048; 1923 (33) 164; 1953 (48) 421. 

Effect of amendment. — Formerly Green- ton were excepted from the operation of 
ville as well as Spartanburg and Charles- the section. 

§ 15-1002. Council may establish in cities of one thousand and not over twen- 
ty thousand. 

The city council of any city in this State whose population by the last census 
was not less than one thousand and not more than twenty thousand or which may 
now or hereafter by actual enumeration have such population w r ithin such limits 
may, by ordinance duly enacted, establish in such city a municipal court for the trial 
and determination of all cases arising under the ordinances of such city. 

1942 Code § 968; 1932 Code §§ 972, 7246; Cr. P. '22 § 59; Civ. C. '22 § 4401; Cr. C. 
'12 § 58; Civ. C. '12 § 3001; 1904 (23) 397; 1905 (24) 911; 1915 (29) 197; 1923 (33) 164; 
1953 (48) 339. 

Effect of amendment. — The section was 
formerly applicable to cities of 1,500 to 
20,000. 

§ 15-1003.1. Same; exception as to salary of recorder of Aiken. 

Provisions of A. & J. R. 1952 (47) 1730 make up this section. 



33 



§ 15-1031 Code of Laws of South Carolina § 15-1293.1 

Article 8. 
Municipal Court of Spartanburg. 

§ 15-1031. Established; hours. 

There is hereby established a municipal court in the city of Spartanburg which 
shall meet at the hour of ten a. m. every day except Saturdays, Sundays and legal 
holidays and on Wednesdays at three p. m. except legal holidays for the purpose of 
handling traffic violations. 

1954 (48) 1556. 

Effect of amendment. — The amendment 
added "Saturdays," and all after first "holi- 
days". 

CHAPTER 7. 
Juvenile and Domestic Relations Courts in Certain Counties. 

Article 1. 

General Provisions. 
§ 15-1101. Short title. 

Cited in Fordham v. Fordham, 223 S. C. 
401, 76 S. E. (2d) 299 (1953). 

§ 15-1102. Application of chapter. 

Section of chapter held invalid as spe- 
cial law. — See § 15-1233 and note thereto. 

Article 5. 
Family Court Division. 
§ 15-1233. When husband liable for support or guilty of non-support. 

Section invalid as special law. — Since, ent or defendant which is requisite under 
under § 15-1102, this chapter is applica- the general law, constitute a special law 
ble only to counties containing a city with in a situation where the general venue 
a population of 70,000, the provisions of statute, § 10-303, has already been made 
this section, relating to service upon and applicable, and are invalid for contraven- 
jurisdiction of a defaulting father or hus- tion of S. C. Const., Art. 3, § 34. Ford- 
band and substituting residence of the pe- ham v. Fordham, 223 S. C. 401, 76 S. E. 
titioner for the residence of the respond- (2d) 299 (1953). 

CHAPTER 7.1. 
Domestic Relations Court in Laurens County. 
Sec. Sec. 

15-1281.1. Same; jurisdiction of cases in- 15-1293.1. Same; cases involving delin- 
volving minors. quent or neglected minors. 

§ 15-1281.1. Same; jurisdiction of cases involving minors. 

All cases involving minors shall be brought in the domestic relations court of 
Laurens County and the probate judge is relieved of responsibility in connection 
therewith. The judge of the domestic relations court shall have the responsibility 
and power exercised prior to May 27 1953 by the probate judge of Laurens 
County with regard to the offenses of and the welfare of minor children except 
that the probate judge shall retain the jurisdiction in all lunacy proceedings. 

1953 (48) 448. 

§ 15-1293.1. Same; cases involving delinquent or neglected minors. 

In cases involving any delinquent or neglected minor child, the judge of the 
court shall take any appropriate action looking toward the welfare of such minor 

34 



§ 15-1297 1954 Cumulative Supplement § 15-1382 

without the necessity of formal pleadings being filed in such cases, if same be 
practicable. If informal adjustment appears impracticable the court may direct the 
person making the informal complaint, if an adult or some responsible person, if 
the complainant be a minor under the age of eighteen years, to file petition upon 
form to be supplied by the court, and shall conduct such hearings thereon neces- 
sary to dispose of the cases giving due notice to all parties concerned. 
1953 (48) 448. 

CHAPTER 72 

Juvenile and Domestic Relations Court for Greenville County. 
Sec. 
15-1297. Establishment, etc. 

§ 15-1297. Establishment, etc. 

Provisions of A. & J. R. 1954 (48) 1825 make up this section. 

CHAPTER 8. 

Children's Courts. 

Article 1. Article 4. 

Children's Court of Greenville County. Provisions Applicable to All Courts 

Sec. Established under Chapter. 

15-1301 to 15-1317. [Repealed.] Sec. 

15-1382. Adoption. 

Article 1. 
Children's Court of Greenville County. 
§§ 15-1301 to 15-1317. Establishment; other provisions applicable. 
Repealed by A. & J. R. 1954 (48) 1825. 
Cross reference. — See now § 15-1297. 

Article 2. 
Children's Court of Spartanburg County. 
§ 15-1338. Other provisions applicable. 

Section 15-1382, relating to the adopt- article. Driggers v. Jolley, 219 S. C. 31, 
tion of a minor, is not in conflict with this 64 S. E. (2d) 19 (1951). 

Article 3. 

Children's Courts in Counties of 70,000 to 71,000, 1940 Census, and Between 
85,000 and 100,000, 1920 Census. 

Editor's note. — "and Between 85,000 and 
100,000, 1920 census" added to article cap- 
tion in view of § 15-1351. 

Article 4. 
Provisions Applicable to Alt Courts Established under Chapter. 
§ 15-1351. Established. 

Cross reference. — -Juvenile and Domestic 15-1297; Children's Court of Spartanburg 
Relations Court of Greenville County, § County, §§ 15-1331, et seq. 

§ 15-1382. Adoption. 

Persons desiring to adopt a minor may begin proceedings before the judge of 
the children's court. The parents or guardian or anyone having charge of such 
child shall be made parties to the proceeding and, with their consent, the judge 
may sanction such adoption if the party seeking it seems suitable after investi- 
gation by the probation officer. The petitioner shall give bond for the property of 

35 



§ 15-1391 Code of Laws of South Carolina § 15-1621 

the child, if any, in case the child is an orphan. The name of the child may be 
changed to that of the petitioner if allowed by the clerk. The order of adoption 

may be revoked at any time by the judge for cause. 

1942 Code § 255; 1932 Code § 255; 1923 (33) 207; 1925 (34) 231; 1927 (35) 227; 1934 
(38) 1261; 1939 (41) 287; 1954 (48) 1763. 

Effect of amendment. — The amendment acted upon such consent by bringing 

eliminated the first part of the next to the adoption proceedings, the consent is or- 

last sentence providing for inheritance by dinarily binding upon the natural parent 

adopted children. See § 19-52.11 for such and cannot be arbitrarily withdrawn so 

inheritance. as to bar the court from decreeing the 

This section does not conflict with ar- adoption. Driggers v. Jolley, 219 S. C. 

tide 2 of this chapter, creating the chil- 31, 64 S. E. (2d) 19 (1951). 

dren's court of Spartanburg County. Withdrawal of consent depriving court 

Driggers v. Jolley, 219 S. C. 31, 64 S. of jurisdiction. — When, in adoption pro- 

E. (2d) 19 (1951). ceedings, the natural parents withdrew 

Under this section consent of the per- their consent, and the petitioners joined in 

son having charge of the child is made with the witbdrawal of consent and with- 

absolutely essential to confer jurisdiction drew their petition for adoption, the chil- 

on the children's court to make an order dren's court of Spartanburg County lost 

of adoption. Driggers v. Jolley, 219 S. jurisdiction, notwithstanding the provision 

C. 31, 64 S. E. (2d) 19 (1951). _ of § 15-1391 that when once the children's 

Such consent, once given, is ordinarily court obtains jurisdiction, such jurisdic- 

binding. — Where a natural parent has tion continues during the minority of the 

freely and knowingly given the required child. Driggers v. Jolley, 219 S. C. 31, 

consent to the adoption of his or her child, 64 S. E. (2d) 19 (1951). 
and the proposed adoptive parents have 

§ 15-1391. Continuance of jurisdiction once obtained. 

Loss of jurisdiction in adoption proceed- 
ings. — See note to § 15-1382. 

CHAPTER 9.1. 

The Civil and Criminal Court of Darlington County. 

Sec. Sec. i 

15-1580.1. Civil and criminal court of Dar- 15-1581 to 15-1599.3. [Repealed.] 
lington County. 

§ 15-1580.1. Civil and criminal court of Darlington County. 

Provisions from A. & J. R. 1953 (48) 141 make up this section. 

§ 15-1581 to 15-1599.3. Civil court of Darlington County. 
Repealed by A. & J. R. 1952 (47) 1982. 
Cross reference. — See now § 15-1580.1. 

CHAPTER 10. 
Thl Civil Court of Florence. 

Sec. 

15-1602.1. Salary. 

§ 15-1602.1. Salary. 

The judge shall receive as compensation the sum of seven thousand five hundred 
dollars per annum, to be paid in monthly installments by the county treasurer upon 
the warrant of the board of county commissioners. 

1952 (47) 2143. 

CHAPTER 10.1. 
Thl Civil Court of Horry. 

Sec. 

15-1621. Establishment, etc. 

§ 15-1621. Establishment, etc. 

Provisions of A. & J. R. 1953 (48) 118 make up this section. 

36 



§ 15-1650 1954 Cumulative Supplement § 15-1801 

CHAPTER10.il. 

The Civil and Domestic Relations Court of Sumter County. 
Sec. 
15-1650. Establishment, etc. 

§ 15-1650. Establishment, etc. 

Provisions of A. & J. R. 1954 (48) 1452, 1691 make up this section. 

CHAPTER 11. 
Clerks of Court. 

Article 3. Sec. 

Books, Papers and Records. 15-1765. Destruction of old chattel mort- 

Sec. gages in Union County. 

15-1764.1. [Omitted. Temporary.] Ah-iVIp 4. 

15-1764.2. [Omitted. Temporary.] . J ™ ce ..' 

Accounts and Disposition of Moneys. 

15-1782.1. Same; in Kershaw County. 

Article 3. 
Books, Papers and Records. 
§ 15-1764.1. Destruction of old chattel mortgages in Horry County. 

Omitted, not permanent. 

§ 15-1764.2. Destruction of certain records in Lee County. 

Omitted, not permanent. 

§ 15-1765. Destruction of old chattel mortgages in Union County. 

Provisions of A. & J. R. 1953 (48) 383 make up this section. 

Article 4. 
Accounts and Disposition of Moneys. 
§ 15-1782.1. Same; in Kershaw County. 

All fines collected in the circuit court in Kershazv County shall, in all cases when 
the arrest was made or the charges preferred by the police officers of the city of 
Camden and when the city police act in cooperation with and assist the sheriff, 
deputy sheriff, constables or law enforcement officers of the county and appear as 
material witnesses in such cases, be equally divided, one-half thereof being paid 
into the county treasury and one-half thereof being paid to the city clerk and 
treasurer of the city of Camden. 

1953 (48) 129. 

CHAPTER 12. 
Masters. 

Sec. Sec. 

15-1801. Master established in certain 15-1814.1. Same; reference of equity cases 
counties in lieu of referee. in Berkeley County. 

15-1803.7. Same; exception for Berkeley 15-1817.7. Fees and salary in Berkeley 
County. County. 

15-1813. Same; exceptions in certain coun- 
ties. 

§ 15-1801. Master established in certain counties in lieu of referee. 

The office of referee and the practice of referring cases to referees as provided 
in this Code shall not exist or be used in the counties of Abbeville, Aiken, Barn- 
well, Berkeley, Charleston, Chesterfield, Dillon, Florence, Greenville, Horry, Ker- 

37 



§ 15-1803.7 Code op Laws op South Carolina § 15-18177 

shaiv, Lee, Richland, Saluda Spartanburg and Sumter. In these counties the office 
of master is established. There shall be one master in each such county. 

1942 Code § 3678; 1932 Code § 3678; Civ. C. '22 § 2219; Civ. C. '12 § 1373; Civ. C. 
'02 § 966; G. S. 782; 1910 (16) 609; 1914 (29) 26; 1916 (29) 805; 1920 (31) 764; 1921 (32) 
139; 1923 (33) 131, 193; 1924 (33) 948; 1935 (39) 458; 1936 (39) 1531; 1939 (41) 230; 
1949 (46) 546; 1954 (48) 1699. 

Effect of amendment. — The amendment 
added "Berkeley County". 

§ 15-1803.7. Same; exception for Berkeley County. 

The master in equity for Berkeley County shall be elected in the general election 
for 1954 as other county officers are elected and shall serve for a term of four 
years. 

1954 (48) 1699. 

§ 15-1813. Same; exceptions in certain counties. 

The provisions of § 15-1812 shall not apply to the masters for Aiken, Barnwell, 
Florence, Richland and Sumter Counties. 

The Master for 

* * * 

(b) Abbeville County, if otherwise qualified, shall be allowed to practice law in 
all of the courts in this State and the United States except in matters of equity 
in which he may have to act officially. 

(f) Berkeley County shall be allowed to practice law in all of the courts of this 
State and the United States except in equity matters in the court of common 
pleas of Berkeley County. 

1942 Code §§ 3683, 3702-5; 1932 Code §§ 3683, 3690, 4941; Civ. C. '22 §§ 2227, 5746; 
Civ. C. '12 §§ 1378, 4224; Civ. C. '02 §§ 971, 3113; G. S. 788; R. S. 842; 1840 (11) 171 
§ 30; 1878 (16) 609 § 5; 1894 (21) 933; 1909 (26) 179; 1910 (26) 642; 1911 (27) 84, 85; 
1912 (27) 554; 1914 (28) 510; 1916 (29) 796, 798; 1920 (31) 964; 1921 (32) 123; 1925 (34) 
76, 97, 112; 1926 (34) 1014, 1037; 1927 (35) 280; 1928 (35) 1162; 1929 (36) 227; 1944 
(43) 1332; 1949 (46) 546; 1950 (46) 2323; 1954 (48) 1434, 1699. 

Effect of amendments. — First 1954 The second 1954 amendment added item 

amendment permitted Abbeville County (f). 

master, item (b), if qualified, to practice as Items (a), (c), (d) and (e) remain un- 

above stated instead of being confined to changed, 
the circuit court. 

§ 15-1814.1. Same; reference of equity cases in Berkeley County. 

All equity matters referred in Berkeley County shall be referred to the master in 
equity, and in any case in which counsel may agree upon a special referee the 
master in equity shall receive the fees unless waived by him. 

1954 (48) 1699. 

§ 15-1817.7. Fees and salary in Berkeley County. 

The master in equity of Berkeley County shall be allowed the fees provided for 
by law and in addition thereto the salary provided in the annual appropriation act 
for Berkeley County. 

1954 (48) 1699. 



38 



§ 15-1913 1954 Cumulative Supplement § 16-2 

CHAPTER 13. 

Stenographers, Auctioneers, Bailiffs and Other Court Attaches. 

Article 1. 
Court Stenographers and Auctioneers. 

■Sec. 

15-1913. Auctioneer of Pickens County. 

Article 1. 
Court Stenographers and Auctioneers. 
§ 15-1913. Auctioneer of Pickens County. 

The office of auctioneer for Pickens County is hereby .created. He shall be ap- 
pointed by the Governor upon the recommendation of a majority of the members 
of the county legislative delegation and shall serve for two years and until his suc- 
cessor shall have been appointed, as provided for herein. He shall act as auctioneer 
in all judicial sales, tax sales or sales under levy and execution. He shall receive 
as compensation for his services the sum of three dollars for conducting each sale, 
which shall be taxed as other costs in the action or proceeding are taxed. In the 
event that the auctioneer is disqualified or incapacitated to conduct any sale, he 
may designate some person to act in his place and stead. 

1942 Code § 4728-3; 1937 (40) 122; 1949 (46) 224; 1952 (47) 2133. 

Effect of amendment. — The amendment - sale of real estate in any case, to a flat fee 
changed the fee from one dollar, with an of three dollars on all sales, 
exception for a five dollar fee for the first 



Title 16. 
Crimes and Offenses. 

Chap. 2. Offenses Against the Peace, § 16-94. 

5. Offenses Against Property, §' 16-355 to 16-386. 

6. Offenses Against Morality and Decency, § 16-404.1. 

7. Offenses Against Public Policy, § 16-564.1. 

CHAPTER 1. 
Accessories. 
§ 16.1. Accessories before fact punished as principals. 

But accessory may not be convicted on catchline in Code. See State v. Brazzell, 
indictment as principal. 223 S. C. 103, 74 S. E. (2d) 573 (1953). 

In accord with paragraph under this 

§ 16-2. When and how tried. 

Accessory may not be convicted on in- 
dictment as principal. State v. Brazzell, 
223 S. C. 103, 74 S. E. (2d) 573 (1953). 

CHAPTER 2. 
Offenses against the Person. 

Article 5. door or device for closing same; 

Kidnapping, Assault, Etc. not . permit certain to be ac- 

<g ec cessible to children. 

16-94. Abandonment of ice boxes, refrig- 
erators, etc. without removing 



39 



16-51 



Code of Laws of South Carolina 



16-55 



Article 1. 
Homicide. 



§ 16-51. Murder defined. 

II. WHAT CONSTITUTES MUR- 
DER. 

Malice is an essential ingredient of 
murder. State v. Harvey, 220 S. C. 506, 
68 S. E. (2d) 409 (1951). 

Words are not sufficient provocation, 
etc. 

In accord with paragraph under this 
catchline in Code. See State v. Harvey, 
220 S. C. 506, 68 S. E. (2d) 409 (1951). 

Words accompanied by hostile acts 
may, according to circumstances, not only 
reduce a killing from murder to man- 
slaughter, but may establish the plea of 
self-defense. State v. Harvey, 220 S. C. 
506, 68 S. E. (2d) 409 (1951). 

Quoted in State v. Self, S. C , 

82 S. E. (2d) 63 (1954), which was prose- 
cution for robbery, larceny, and assault and 
battery with intent to kill, for purpose of 
defining last offense. 

§ 16-55. Manslaughter. 

The general statutory definition in this 
section includes both voluntary and invol- 
untary manslaughter. State v. Barnett, 
218 S. C. 415, 63 S. E. (2d) 57 (1951). 

Voluntary manslaughter is usually de- 
fined as the unlawful killing of a human 
being in sudden heat of passion upon a 
sufficient legal provocation. State v. Har- 
vey, 220 S. C. 506, 68 S. E. (2d) 409 
(1951). 

But no mere words, however insult- 
ing can excuse the killing, etc. 

In accord with paragraph under this 
catchline in Code. See State v. Harvey, 
220 S. C. 506, 68 S. E. (2d) 409 (1951). 

Words accompanied by hostile acts 
may, however, reduce a killing to man- 
slaughter, or establish the plea of self- 
defense. State v. Harvey, 220 S. C. 506, 
68 S. E. (2d) 409 (1951), quoting State 
v. Mason, 115 S. C. 214, 105 S. E. 286 
(1920). 

The legislature of this State has never 
undertaken to define involuntary man- 
slaughter. This the courts necessarily 
follow the common-law definition. State 
v. Barnett, 218 S. C. 415, 63 S. E. (2d) 
57 (1951). 

Degree of negligence required for invol- 
untary manslaughter. — Where the instru- 
ment involved is not inherently danger- 
ous, more than ordinary negligence is 
required to support a conviction for invol- 
untary manslaughter, but simple negli- 
gence causing the death of another is suf- 
ficient if the instrumentality is of such 
character that its negligent use under 
the surrounding circumstances is neces- 
sarily dangerous to human life or limb. 
Firearms and motor vehicles fall within 
*he latter category. State v. Barnett, 218 



III. MALICE. 
A. Definitions and Illustrations. 

Definitions of malice. 

In accord with 1st paragraph under this 
catchline in Code. See State v. Harvey, 
220 S. C. 506, 68 S. E. (2d) 409 (1951). 

In accord with 3rd paragraph under this 
catchline in Code. See State v. Harvey, 
220 S. C. 506, 68 S. E. (2d) 409 (1951). 

"Aforethought" refers to time evil in- 
tent is conceived. 

In accord with paragraph under this 
catchline in Code. See State v. Harvey, 
220 S. C. 506, 68 S. E. (2d) 409 (1951). 

Malice need not exist for any particular 
length of time prior to the killing. State 
v. Harvey, 220 S. C. 506, 68 S. E. (2d) 409 
(1951). 



S. C. 415, 63 S. E. (2d) 57 (1951). 

The reckless homicide statute, § 46-341, 
did not repeal the common-law offense 
of involuntary manslaughter where death 
resulted from the operation of an automo- 
bile, but, on the contrary, the legislature 
desired to preserve that offense as de- 
fined by the Supreme Court. State v. 
Barnett, 218 S. C. 415, 63 S. E. (2d) 57 
(1951). 

And simple negligence in the operation 
of an automobile is sufficient to support a 
conviction of involuntary manslaughter. 
State v. Barnett, 218 S. C. 415, 63 S. E. 
(2d) 57 (1951). 

This section implies that the trial judge 
is to exercise a discretion, etc. 

In accord with paragraph under this 
catchline in Code. See State v. Green, 220 
S. C. 315, 67 S. E. (2d) 509 (1951). 

And he may inquire into any relevant 
facts in aggravation or mitigation of pun- 
ishment. — With the view of fixing the 
sentence to be imposed upon a defendant 
convicted of manslaughter, it is proper for 
the trial judge, in open court, in the pres- 
ence of the defendant, to inquire into any 
relevant facts in aggravation or mitiga- 
tion of punishment. State v. Green, 220 
S. C. 315, 67 S. E. (2d) 509 (1951). 

But it is error to request the jury to 
recommend punishment. — In a prosecution 
for manslaughter it was error for the 
trial judge, following the rendition of the 
verdict of guilty, to request the jury to 
return to the jury room and make a rec- 
ommendation as to the quantum of pun- 
ishment, and to impose sentence in ac- 
cordance with the jury's recommendation. 
State v. Green, 220 S. C. 315, 67 S. E. (2d) 
509 (1951). 



40 



§ 16-71 1954 Cumulative Supplement § 16-302 

Article 4. 

Rape, Abortion, etc. 
§ 16-71. Rape. 

It was not error not to charge the law tempted criminal assault. State v. Phil- 
applicable to statutory rape and incest lips, 222 S. C. 338, 72 S. E. (2d) 910 
where the indictment charged the defend- (1952). 
ant with common-law rape and with at- 

§ 16-82. Death resulting from abortion. 

Cited in Evans v. Manning, 217 S. C. 
10, 59 S. E. (2d) 341 (1950). 

Article 5. 

Kidnapping, Assault, etc. 

§ 16-94. Abandonment of ice boxes, refrigerators, etc., without removing 
door or device for closing same; not permit certain to be acces- 
sible to children. 

Any person who abandons or discards any ice box, refrigerator, ice chest or 
other type of air tight container of a capacity sufficient to contain any child, who 
neglects prior to such abandonment to remove the door, lid or other device for 
the closing thereof, and any owner, lessee or other person in charge of property 
who knowingly permits any abandoned ice box, refrigerator, ice chest or other 
type of air tight container to remain thereon accessible to children without remov- 
ing the door, lid or other closing device therefrom shall be guilty of a misdemeanor, 
and upon conviction, shall be fined not more than one hundred dollars or imprisoned 
not more than thirty days. 

1954 (48) 1479. 

CHAPTER 3. 

Offenses against the Peace. 

Article 4. 
Other Offenses Connected with Weapons. 
§ 16-141. Pointing pistol or gun at any person. 

Cited in Hendrix v. Employers Mut. Employers Mut. Liability Ins. Co. v. 
Liability Ins. Co., 98 F. Supp. 84 (1951); Hendrix, 199 F. (2d) 53 (1952). 

CHAPTER 5. 

Offenses against Property. 

Article 4. Article 5. 

Forgery, Larceny, Embezzlement, Obtain- Trespasses and Unlawful Use of Property 
ing Money under False Pretenses, etc. of Others. 

Sec. Sec. 

16-355. Stealing livestock. 16-384.1. Dumping trash or refuse without 

permission. 
16-386. Entry on lands of another after 

notice prohibiting same. 

Article 1. 
General Provisions. 
§ 16-302. Making, mending or possessing tools, etc., to be employed in crime. 

Instruments need not be originally de- catchline in Code. See State v. Nicholson, 
signed for criminal use. 221 S. C. 472, 71 S. E. (2d) 306 (1952). 

In accord with paragraph under this 



41 



16-312 



Code of Laws of South Carolina 



16-333 



Article 2. 
Arson and Other Offenses Involving Fire. 
§ 16-312. Burning building not subject of arson. 

Applied in State v. Blackwell, 220 S. 
C. 342, 67 S. E. (2d) 684 (1951). 

Article 3. 

Burglary, Housebreaking, Robbery, etc. 

§ 16-331. Punishment for burglary. 

I. GENERAL CONSIDERATION. 

Applied in State v. Goodson, .... S. C. 
...., 82 S. E. (2d) 804 (1954). 

Quoted in Maxey v. Manning, 224 S. C. 
320, 78 S. E. (2d) 633 (1953). 

II. WHAT CONSTITUTES 
BURGLARY 

Definitions. — In accord with 2nd para- 
graph under this catchline in Code. See 
State v. Clamp, 225 S. C. 89, 80 S. E. (2d) 
918 (1954). 

Burglary is a crime against possession 
and not against property. State v. Clamp, 
225 S. C. 89, 80 S. E. (2d) 918 (1954). 

A breaking may be any act of physical 
force. — A breaking, essential to constitute 
the crime of burglary, may be any act of 
physical force, however slight, whereby any 
obstruction to entering is forcibly removed. 
It does not require violent or mechanical 
force to constitute a burglarious breaking. 
Opening a window, picking a lock, or open- 
ing a door with a key is sufficient. If any 



force be required and employed to remove 
or displace that which has been placed 
there to close the opening, this is enough. 
State v. Clamp, 225 S. C. 89, 80 S. E. (2d) 
918 (1954). 

"Breaking" is one of the essential ele- 
ments of the crime of burglary, and the 
mere opening of an unlatched door or the 
mere opening of" an unlatched screen door 
is a sufficient breaking. State v. Clamp, 225 
S. C. 89, 80 S. E. (2d) 918 (1954). 

IV. TRIAL. 
A. Instructions. 
Illustration of breaking not charge on 
facts. — In prosecution for burglary, instruc- 
tion that walking into an open door would 
not be a breaking, but the mere opening of 
an unlatched door, or the mere opening of 
an unlatched screen door is a sufficient 
breaking under the law, was not erroneous 
as a charge on the facts. State v. Clamp, 
225 S. C. 89, 80 S. E. (2d) 918 (1954). 



§ 16-332. Housebreaking which is not 

Housebreaking is crime against posses- 
sion.— In accord with paragraph under this 
catchline in Code. See State v. Miller, 225 
S. C. 21, 80 S. E. (2d) 354 (1954). 

This section creates two distinct and 
different offenses. 

In accord with paragraph under this 
catchline in Code. See State v. Sowell, 85 
S. C. 278, 67 S. E. 316 (1910); State v. 
Sweat, 221 S. C. 270, 70 S. E. (2d) 234 
(1952). 

And where both are in same indict- 
ment, election may be required. 

In accord with paragraph under this 
catchline in Code. See State v. Sowell, 85 
S. C. 278, 67 S. E. 316 (1910); State v. 

§ 16-333. Robbery while armed with deadly weapon. 



burglary. 

Sweat, 221 S. C. 270, 70 S. E. (2d) 234 
(1952). 

And proof of one will not support 
conviction under indictment charging the 
other. — Where the first count of an in- 
dictment specifically charged that the of- 
fense of housebreaking had been com- 
mitted in the daytime, and the proof 
showed without contradiction that the 
breaking and entering took place in the 
nighttime, a verdict of not guilty should 
have been directed under that count of 
the indictment. State v. Sweat, 221 S. 
C. 270, 70 S. E. (2d) 234 (1952), citing 
State v. Sowell, 85 S. C. 278, 67 S. E. 
316 (1910). 



Sentencing under this section improper 
where instrument doubtful. — In prosecution 
for assault and battery with intent to kill, 
where testimony not clear as to instrument 
used in striking, defendant should not have 
been sentenced to fifteen years which 



would be proper only where deadly weapon 
used as set forth in this section, but should 
have been sentenced under provisions of 
§ 17-553 construed with § 17-552. State v. 

Self, .... S. C , 82 S. E. (2d) 63 

(1954). 



42 



16-351 



1954 Cumulative Supplement 



§ 16-384.1 



Article 4. 
Forgery, Larceny, Embezzlement, Obtaining Money under False Pretenses, etc. 
§ 16-351. Forgery. 



I. GENERAL CONSIDERATION. 

Possession of forged instrument pre- 
sumes guilt. — One found in possession of 
forged instrument of which he purports to 
be beneficiary, and applying it to his own 
use, must, in absence of explanation satis- 
factory to jury, be presumed to have 
forged it or to have been privy to its for- 
gery. State v. Orr, .... S. C , 82 S. E. 

(2d) 523 (1954). 

§ 16-352. Privily stealing from person or house grand larceny. 



II. WHAT CONSTITUTES FORGERY. 
Name forged may be fictitious. — To con- 
stitute forgery the name alleged to be 
forged need not be that of any person in 
existence and may be wholly fictitious. 

State v. Orr, . . . . S. C , 82 S. E. (2d) 

523 (1954). 



The corpus delicti in larceny consists of 
two elements. — The loss of the property by 
the owner and the loss by a felonious tak- 
ing. State v. Teal, .... S. C , 82 S. E. 

(2d) 787 (1954) 



Applied in State v. Vareen, 223 S. C. 
34, 74 S. E. (2d) 223 (1953); State v. Shoe- 
make, . ... S. C , 82 S. E. (2d) 802 

(1954); State v. Goodson, .... S. C , 

82 S. E. (2d) 804 (1954). 



§ 16-355. Stealing livestock. 

Any person found guilty of the larceny of any horse, mule, cow, hog or any other 
livestock shall suffer imprisonment for a period of not less than three months nor 
more than ten years, and a fine of not more than five hundred dollars, either or both 
in the discretion of the court. Any motor vehicle or other chattel used by or found 
in possession of any person engaged in the commission of such crime shall be sub- 
ject to confiscation and shall be confiscated and sold under the provisions of § 57- 
241. 

1942 Code § 1144; 1932 Code § 1144; Cr. C. '22 § 38; Cr. C. '12 § 183; Cr. C. '02 § 149; 
G. S. 2489; R. S. 146; 1878 (16) 632; 1929 (36) 101; 1954 (48) 1705. 

Effect of amendment. — The amendment finement, (3) placed a maximum on the 
(1) reduced minimum imprisonment to fine, (4) eliminated imprisonment limita- 
three months instead of one year, (2) elimi- tion if value of livestock under twenty 
nated State Penitentiary as place of con- dollars and (5) added last sentence. 

§ 16-362. Receiving stolen goods. 

I. GENERAL CONSIDERATION. 

Offense is separate from conviction of 
principal felon. 

In accord with paragraph under this 
catchline in Code. See State v. Sweat, 221 
S. C. 270, 70 S. E. (2d) 234 (1952). 

Accessory before or after fact may be 
convicted, etc. 

In accord with paragraph under this 
catchline in Code. See State v. Sweat, 221 
S. C. 270, 70 S. E. (2d) 234 (1952). 

But this does not apply to one who 
commits larceny. 



In accord with 1st paragraph under this 
catchline in Code. See State v. Sweat, 221 
S. C. 270, 70 S. E. (2d) 234 (1952). 

II. GUILTY KNOWLEDGE AND 
FRAUDULENT INTENT. 

Failure to pursue inquiry is not equiva- 
lent of guilty knowledge. — In accord with 
paragraph under this catchline in Code. 
See State v. Mills, 225 S. C. 151, 81 S. E. 
(2d) 285 (1954). 

Applied in State v. Clamp, 225 S. C. 41, 
80 S. E. (2d) 512 (1954). 



Article 5. 
Trespasses and Unlawful Use of Property of Others. 
§ 16-384.1. Dumping trash or refuse without permission. 

It shall be unlawful for any person without written permission to dump or leave 
trash, refuse or garbage on any property belonging to another or on or along any 
public highway in the State. Any violation of this section shall be punishable by 
a fine of not more than one hundred dollars or by imprisonment for not longer 
than thirty days. 

1953 (48) 160. 

43 



§ 16-386 Code of Laws of South Carolina § 16-501 

§ 16-386. Entry on lands of another after notice prohibiting same. 

Every entry upon the lands of another where any horse, mule, cow, hog or 
any other livestock is pastured, or any other lands of another, after notice from 
the owner or tenant prohibiting such entry, shall be a misdemeanor and be pun- 
ished by a fine not to exceed one hundred dollars, or by imprisonment with hard 
labor on the public works of the county for not exceeding thirty days. When any 
owner or tenant of any lands shall post a notice in four conspicuous places on the 
borders of such land prohibiting entry thereon, a proof of the posting shall be 
deemed and taken as notice conclusive against the person making entry as afore- 
said for the purpose of trespassing. 

1942 Code § 1190; 1932 Code § 1190; Cr. C. '22 § 81; Cr. C. '12 § 241; Cr. C. '02 
§ 186; G. S. 2507; R. S. 176; 1866 (13) 406; 1883 (18) 43; 1898 (22) 811; 1954 (48) 1705. 

Effect of amendment. — The amendment proof relating to time of posting and sub- 
eliminated necessity for notice to be pub- stituted "trespassing" at end of section for 
lished in a newspaper and the phase of "hunting or fishing on such land". 

§ 16-387. Entry on another's lands for various purposes without permission. 

1953 (48) 346. 

Cross reference. — As to hunting, fishing, 
etc. on lands of another without permission, 
see § 28-8. 

CHAPTER 6. 
Offenses against Morality and Dfcfncy. 

Sec. 

16-404.1. Commission of lewd act upon 
child under 14. 

§ 16-402. Incest; prohibited degrees. 

Cited in State v. Phillips, 222 S. C. 
338, 72 S. E. (2d) 910 (1952). 

§ 16-404.1. Commission of lewd act upon child under 14. 

It shall be unlawful for any adult wilfully and lewdly to commit any lewd or 
lascivious act upon or with the body, or any part or member thereof, of a child 
under the age of fourteen years, with the intent of arousing, appealing to or grati- 
fying the lust, passion or sexual desires of such child. Anyone violating the pro- 
visions of this section shall be imprisoned in the discretion of the court. 

1953 (48) 346. 

CHAPTER 7. 

Offfnsfs against Public Policy. 

Article 4. 
Miscellaneous Offenses. 

Sec. 

16-564.1. Same; where inapplicable to soli- 
citing of agricultural laborers for 
employment in adjacent State. 

Article 1. 
Gambling, Lotteries, etc. 

§ 16-501. Setting up lotteries. 

The setting up of a lottery is not nee- Indictment may charge defendants at 

essarily a crime which requires concerted the same time with conspiracy and with 

action. One person may set up a lot- setting up a lottery. State v. Ferguson, 

tery or expose it to be played. State v. 221 S. C. 300, 70 S. E. (2d) 355 (1952); 

Ferguson, 221 S. C. 300, 70 S. E. (2d) State v. Mclntire, 221 S. C. 504, 71 S. E. 

355 (1952). (2d) 410 (1952). 

44 



§ 16-564.1 1954 Cumulative Supplement § 17-262 

And the punishment for conspiracy Ferguson, 221 S. C. 300, 70 S. E. (2d) 
may exceed the maximum provided in this 355 (1952); State v. Mclntire, 221 S. C. 
section for setting up a lottery. State v. 504, 71 S. E. (2d) 410 (1952). 

Article 4. 

Miscellaneous Offenses. 

§ 16-564.1. Same; when inapplicable to soliciting' of agricultural laborers 
for employment in adjacent state. 

The provisions of § 15-564 shall not he applicable to any person soliciting or 
hiring laborers in this State to be employed in agricultural work in any state bor- 
dering on this State when such adjacent state places no limitation on the solicita- 
tion or employment of farm labor by South Carolina employers. 

1954 (48) 1415. 



Title 17. 
Criminal Procedure. 

Chap. 4. Process and Arrest, § 17-259. 

CHAPTER 4. 
Process and Arrest. 

Sec. 

17-259. Service of criminal process on 
Sunday. 

§ 17-254. Police of any city or town may arrest within one mile of corporate 
limits. 

Editor's note. — Similar provisions are in 
§ 53-1. 

§ 17-259. Service of criminal process on Sunday. 

No criminal process shall be served on Sunday, except for treason, felony, viola- 
tion of the law relating to intoxicating liquors or breach of the peace. But no law 
enforcement officer, who is not under bond, shall be permitted to execute a search 
warrant. 

1942 Code § 3523; 1932 Code § 3523; Civ. C. '22 § 2066; Civ. C. '12 § 1173; Civ. C. '02 
§ 848; G. S. 663; R. S. 728; 1931 (37) 78; 1954 (48) 1759. 

Effect of amendment. — The amendment Requirement of service by officer under 

added "violation of the law relating to in- bond limited. — The provision restricting 
toxicating liquors" and last sentence. execution of search warrant to officer un- 

Cross reference. — See § 53.1 for provi- der bond applies only to service of criminal 
sions requiring bonded peace officers to process on Sunday relating to violation of 
execute a search warrant. law relating to intoxicating liquors. Atty. 

Gen. Op., May 4, 1954. 

§ 17-262. Persons not to be removed from one prison to another without 
cause. 

Violation waived. — Where defendant re- and case proceeded without objection, ques- 

moved from penitentiary to another county tion as to jurisdiction of his person clearly 

for trial under proper order, and question waived. State v. Orr, .... S. C , 82 

not raised below, and defendant stated S. E. (2d) 523 (1954). 
several times that he was ready for trial 



45 



§ 17-361 Code of Laws of 1 South Carolina § 17-455 

CHAPTER 6. 
Habeas Corpus. 
§ 17-361. Notice to be given to Attorney General, etc. 

Cited in Ex parte Wilson, 219 S. C. 139, 
64 S. E. (2d) 400 (1951). 

§ 17-364. Person discharged not to be re-arrested, etc. ; penalty for so doing. 

Applied in State v. Clough, 220 S. C. 
390, 68 S. E. (2d) 329 (1951). 

CHAPTER 7. 
Indictments. 

§ 17-401. Offenses to be prosecuted by indictment; exceptions. 

No indictment is required in proceed- court. State v. Langford, 223 S. C. 20, 
ings before a magistrate or in a municipal 73 S. E. (2d) 854 (1953). 

§ 17-402. What allegations sufficient for indictment. 

I. GENERAL CONSIDERATION. tion or acquittal thereon may be pleaded 

The true test of the sufficiency of an in bar to any subsequent prosecution. 

indictment is not whether it could have State v. Mclntire, 221 S. C. 504, 71 S. E. 

been made more definite and certain, but (2d) 410 (1952). 

whether it contains the necessary elements Purpose of allegation of place. 

of the offense intended to be charged, and In accord with paragraph under this 

sufficiently apprises the defendant of what catchline in Code. See State v. Mclntire, 

he must be prepared to meet. State v. 221 S. C. 504, 71 S. E. (2d) 410 (1952). 

Mclntire, 221 S. C. 504, 71 S. E. (2d) 410 

(1952). II. APPLICATION OF SECTION. 

Description of offense. — The offense As to indictment for setting up lottery 

must be so described that the accused may and for conspiracy to set up lottery, see 

know how to answer the charge, the court State v. Mclntire, 221 S. C. 504, 71 S. E. 

what judgment to pronounce, and convic- (2d) 410 (1952). 

§ 17-409. How defects in indictments may be objected to. 

Applied in State v. McAbee, 220 S. C. 
272, 67 S. E. (2d) 417 (1951). 

§ 17-410. Amendments of indictments. 

Or to fill in proper date. Inserting name of owner of stolen prop- 

An indictment for maintaining a com- erty. — An indictment for larceny, which 
mon nuisance and for unlawfully selling alleged that tobacco was stolen from the 
alcoholic liquors was properly amended by possession of warehousemen, was prop- 
changing the alleged date of the offense erly amended to conform to the proof by 
from May 15 to April 15 to conform to adding, following the allegation that the 
the proof, since the amendment did not tobacco had been stolen from the posses- 
change the nature of the offense, and there sion of the warehousemen the words "the 
was nothing in the record to substantiate true owner being C. W. Walters Tobacco 
defendant's contention that he was taken Co., a Corp." State v. Sweat, 221 S. C. 
by surprise. State v. McCrae, 222 S. C. 270, 70 S. E. (2d) 234 (1952). 
194, 72 S. E. (2d) 451 (1952). 

CHAPTER 8. 
Venue. 
§ 17-454. Injury within limits and death beyond limits of this State. 

Applied in State v. Gantt, 223 S. C. 431, 
76 S. E. (2d) 674 (1953). 

§ 17-455. Injury beyond limits and death within limits of State. 

Stated in State v. Gantt, 223 S. C. 431, 76 
S. E. (2d) 674 (1953). 



46 



§ 17-456 1954 Cumulative Supplement § 17-554 

§ 17-456. When injury in one county and death in another. 

This section does not undertake to fix Applied in State v. Gantt, 223 S. C. 431, 

exclusive jurisdiction in either county. 76 S. E. (2d) 674 (1953). 
State v. Howell, 220 S. C. 178, 66 S. E. 
(2d) 701 (1951). 

§ 17-457. When persons in different counties when offense committed. 

Stated in State v. Gantt, 223 S. C. 431, 76 
S. E. (2d) 674 (1953). 

CHAPTER 9. 

Pleading and Trial. 

§ 17-506. Accused may have counsel, witnesses, etc. 

Cross reference. — As to examination of 
witness concerning written statement made 
to a public employee, see § 26-7.1. 

CHAPTER 10. 
Judgment and Execution. 

Article 1. 
Conviction and Sentence. 
§ 17-552. Punishment for felony when not specially provided for. 

This section and § 17-553 must be con- fendant should not have been sentenced to 

strued together. fifteen years which would be proper only 

In accord with this catchline in Code. where deadly weapon used as set forth in 

See State v. Self, . . . . S. C , 82 S. E. section 16-333, but should have been sen- 

(2d) 63 (1954). tenced under provisions of § 17-553 con- 
In prosecution for assault and battery strued with this section. State v. Self, .... 

with intent to kill, where testimony not S. C , 82 S. E. (2d) 63 (1954). 

clear as to instrument used in striking, de- 

§ 17-553. Sentence where no punishment is provided. 

This section and § 17-552 must be con- Sentence of two years for unlawful 

strued together. manufacture of liquors, even though a first 

In accord with this catchline in Code. offense, was, although somewhat harsh, not 

See State v. Self, .... S. C , 82 S. E. excessive where record did not disclose 

(2d) 63 (1954). partiality, prejudice, oppression or corrupt 

Supreme Court without jurisdiction motive on part of sentencing judge in exer- 

where no abuse of discretion and within cise of his discretion. State v. Hall, 224 

limits.— The Supreme Court has no juris- S. C. 546, 80 S. E. (2d) 239 (1954). 

diction on appeal to correct a sentence al- A ten-year sentence for assault and bat- 

leged to be excessive when it is within the tery with intent to kill, to commence after 

limits prescribed by law and in the discre- the service of a two-year sentence which 

tion of trial judge, and is not the result of defendant is in the process of serving, does 

partiality, prejudice, oppression or corrupt not amount to cruel and unusual punish- 

motive. State v. Hall, 224 S. C. 546, 80 ment and does not violate this section. 

S. E. (2d) 239 (1954). State v. King, 222 S. C. 108, 71 S. E. 

In prosecution for assault and battery (2d) 793 (1952). 
with intent to kill, where testimony not The punishment imposed under this sec- 
clear as to instrument used in striking, tion for conspiracy to commit a crime may 
defendant should not have been sentenced exceed the penalty provided by statute for 
to fifteen years which would be proper only the completed offense. State v. Fergu- 
where deadly weapon used as set forth in son, 221 S. C. 300, 70 S. E. (2d) 355 
section 16-333, but should have been sen- (1952); State v. Mclntire, 221 S. C. 504, 
tenced under provisions of this section con- 71 S. E. (2d) 410 (1952). 
strued with § 17-552. State v. Self, .... Cited in State v. Goodall, 221 S. C. 175, 
S. C , 82 S. E. (2d) 63 (1954). 69 S. E. (2d) 915 (1952), dis. op. of Tay- 
lor, J. 

§ 17-554. Able-bodied male convicts to work on county chain gangs. 

Applied in Maxey v. Manning, 224 S. C. 
320, 78 S. E. (2d) 633 (1953). 

47 



§ 18-8 Code of Laws of South Carolina § 18-752 

Title 18. 

Dams and Drains; Sanitary and Drainage Commissions 

and Districts. 

Chap. 1. Dams, § 18-8. 

2. Rights of Way for Drainage, § 18-71. 
6. Certain Local Provisions, § 18-752. 

CHAPTER 1. 

Dams. 
Sec. 

18-8. Same; exceptions for Florence and 
Pickens Counties. 

§ 18-8. Same; exceptions for Florence and Pickens Counties. 

In Florence and Pickens Comities the powers conferred by § 18-7 shall apply 
only to mill ponds and dams. 

1942 Code § 6156; 1932 Code §§ 1375, 6156; Civ. C. '22 § 3210; Civ. C. '12 § 2265; Civ. 
C. '02 § 1488; Cr. C. '22 § 285; G. S. 1183; R. S. 1279; 1881 (17) 888; 1882 (18) 48; 1883 
(18) 563; 1888 (20) 59; 1889 (20) 373; 1893 (21) 481; 1896 (22) 257; 1913 (28) 65; 
1914 (28) 11; 1916 (29) 748; 1952 (47) 2000. 

Effect of amendment. — The amendment formerly included within the scope of the 
eliminated Darlington County which was section. 

CHAPTER 2. 

Rights of Way for Drainage. 
Article 2. 
Commissioners of Drainage and Health 
in Certain Counties. 
Sec. 

18-71. Commissioners of health and drain- 
age in certain counties. 

Articxf 2. 

Commissioners of Drainage and Health in Certain Counties. 

§ 18-71. Commissioners of health and drainage in certain counties. 

The governing body of the comities of Abbeville, Beaufort, Chester, Colleton, 
Dillon, Florence, Greenville, Horry, Laurens, Marion, Marlboro, Oconee, Pickens, 
Spartanburg, Union and York, respectively, may, in addition to the duties other- 
wise imposed on them by law, act as commissioners of health and drainage. 

1942 Code § 6156; 1932 Code §§ 1375, 6156; Civ. C. '22 § 3210; Civ. C. '12 § 2265; Civ. 
C. '02 § 1488; Cr. C. '22 § 285; G. S. 1183; R. S. 1279; 1881 (17) 888; 1882 (18) 48; 1883 
(18) 563; 1888 (20) 59; 1889 (20) 373; 1893 (21) 481; 1896 (22) 257; 1913 (28) 65; 
1914 (28) 11; 1916 (29) 748; 1952 (47) 2000. 

Effect of amendment. — The amendment formerly included within the scope of the 
eliminated Darlington County which was section. 

CHAPTER 6. 

Cfrtain Local Provisions. 
Sec. 
18-752. [Repealed.] 

§ 18-752. Canals in St. Helena Township, Beaufort County. 

Repealed by A. & J. R. 1953 (48) 356. 



48 



§ 19-52 1954 Cumulative Supplement § 19-53 

Title 19. 
Decedents' Estates. 

Chap. 2. Descent and Distribution, § 19-52.11. 

3. Dower, Curtesy and Jointure, §§ 19-129, 19-146. 

4. Wills, § 19-221. 

6. Personal Representatives and Administration of Estates, § 19-483. 

CHAPTER 2. 
Descent and Distribution. 

Sec. 

19-52.11. Inheritance by or from adopted 
children. 

§ 19-52. Distribution of property in case of intestacy. 

I GENERAL CONSIDERATION. III. WHO CAN INHERIT. 

The court is not warranted in limiting The words "uncles and aunts" as used 

the language of this section to a narrower in subsec. (6) do not mean uncles and 
meaning than the words used import. It aunts of the whole blood only. Kinard v. 
must be assumed that the legislature chose Moore, 220 S. C. 376, 68 S. E. (2d) 321 
its language with care to express its in- (1951). 

tent and used the words in their ordinary And first cousins of the whole blood and 

and common acceptation. Kinard v. of the half blood are admitted equally to 
Moore, 220 S. C. 376, 68 S. E. (2d) 321 the succession of intestate estates. Kinard 
(1951). v. Moore, 220 S. C. 376, 68 S. E. (2d) 321 

Half blood takes with whole blood. (1951). 

Our court has consistently rejected the Under subsec. (6) first cousins take by 

frequently urged contention that half representation of their respective parents 
blood relatives are postponed to whole — that is, per stirpes instead of per capita, 
blood relatives by our statute of descent Kinard v. Moore, 220 S. C. 376, 68 S. E. 
and distribution, and has limited such (2d) 321 (1951). 

postponement to the specific instances And relatives more remote than children 

enumerated in the statute. Kinard v. of deceased uncles or aunts are excluded. 
Moore, 220 S. C. 376, 68 S. E. (2d) 321 The court may not, by construction, ex- 
(1951). tend the statute to include children of de- 

ceased children of deceased uncles or aunts. 
Kinard v. Moore, 220 S. C. 376, 68 S. E. 
(2d) 321 (1951). 

§ 19-52.11. Inheritance by or from adopted children. 

Whenever a child has been legally adopted, such child shall inherit from the 
adopting parents, and from each of them, and the adopting parents and each or 
either of them shall inherit from the adopted child, to the same extent as if he 
were a natural child of the adopting parents. For all inheritance purposes without 
exception the adopted child shall be considered a natural child of the adopting 
parents and in the event of the death of such adopted child, his estate shall ascend, 
descend and be distributed as is otherwise provided by law for natural born chil- 
dren of the same family, to the exclusion of the natural or blood parents of such 
child. When one of the natural parents be united in bonds of matrimony to the 
other adopting parent then in such event the rules of inheritance as above set out 
shall attach as if such child were the natural child of both such parents. A natural 
child shall inherit from an adopted child and an adopted child shall inherit from 
a natural child as if they were natural children of the adopting parent or parents, 
and in like manner adopted children of the same family shall inherit from each 
other. 

1954 (48) 1763. 

§ 19-53. Inheritance by or from illegitimates. 

Cross reference. — As to inheritance by 
or from adopted children, see § 19-52.11. 

49 



§ 19-55 Code of Laws of South Carolina § 19-146 

§ 19-55. Distribution of a joint tenancy. 

Right of survivorship may be expressly ation of the right of survivorship when 

created by will or deed. — This section only expressly provided for in a will or deed, 

abolished survivorship as an incident of Davis v. Davis, 223 S. C. 182, 75 S. E. 

the common-law estate of joint tenancy, (2d) 46 (1953). 
and was never intended to prevent the ere- 

CHAPTER 3. 

Dower, Curtesy and Jointurf. 
Article 3. Article 4. 

Forfeiture of Dower. Barring Dower of Insane Wife. 

Sec. Sec. 

19-129. Dower rights barred in property 19-146. Proceedings as to certain old deeds 

sold for taxes. to bar dower. 

Article 2. 

Renunciation of Dower. 

§ 19-111. Renunciation of dower. 

Right of dower is a definite institution sure in his lifetime, she has no right of 

of the State, which is highly favored, and dower in land or in surplus proceeds of 

although dower cannot be properly denom- sale even in cases where mortgage indebt- 

inated as an estate in lands or a vested edness represents only small portion of 

interest therein, it is a substantial right of value of land. Shelton v. Shelton, .... 

property and its present value may be S. C , 83 S. E. (2d) 176 (1954). 

judcially ascertained and protected. Shelton Eminent domain defeats dower. — As be- 

v. Shelton, .... S. C , 83 S. E. (2d) tween holder of an inchoate right of dower 

176 (1954). and the sovereign, or political unit to which 
Inchoate right of wife is always subject right of eminent domain has been dele- 
to any encumbrance or infirmity in hus- gated, wife is divested of any dower in- 
band's title existing at time he became terest in land when condemned and corn- 
seized, and is subject to any incident at- pensation paid. Shelton v. Shelton, .... 

tached to it by law. Shelton v. Shelton, .... S. C , 83 S. E. (2d) 176 (1954). 

S. C , 83 S. E. (2d) 176 (1954). Wife not entitled to any portion of con- 
Wife of cotenant not necessary party in demnation compensation. — When, during 
partition proceeding, and when lands sold lifetime of husband, sovereign exercises 
under decree for that purpose, her contin- paramount right of eminent domain, wife 
gent right of dower divested and purchaser not entitled on account of her inchoate 
takes title disencumbered of any subordi- right of dower to have any portion of com- 
nate right of dower. Shelton v. Shelton, pensation either paid to her directly or set 

.... S. C , 83 S. E. (2d) 176 (1954). aside for her benefit upon contingency of 

When wife renounces dower on hus- her surviving husband. Shelton v. Shelton, 

band's mortgage and land sold in foreclo- .... S. C , 83 S. E. (2d) 176 (1954). 

Article 3. 
Forfeiture of Dozver. 
§ 19-129. Dower rights barred in property sold for taxes. 

When real property is sold for failure to pay taxes thereon and a deed delivered 
by the proper authority, all inchoate rights of dower of the defaulting taxpayer's 
wife shall be forever barred. 

1953 (48) 161. 

Article 4. 

Barring Dozver of Insane Wife. 

§ 19-146. Proceedings as to certain old deeds to bar dower. 

For the purpose of divesting the rights of dower of a mentally incompetent wife 
of a married man, now outstanding in real estate granted, sold, aliened, mortgaged 
or otherwise incumbered prior to December 23 1885, the procedure outlined in 
§§ 19-141 to 19-143 shall be followed. In case of the loss of the original deed the 

50 



§ 19-221 1954 Cumulative Supplement § 19-286 

certificate by the probate judge shall be indorsed across the record in the office 
where the original was recorded. * 

1942 Code § 8601; 1932 Code § 8601; Civ. C. '22 § 5253; Civ. C. '12 § 3483; Civ. C. 
'02 § 2397; R. S. 1913; 1885 (19) 169; 1952 (47) 2042. 

Effect of amendment. — The amendment petent wife" for the former reference to 
substituted the phrase "mentally incom- the "insane wife." 

CHAPTER 4. 

Wills. 

Article 2. 
Revocation. 

Sec. 

19-221. How wills revoked. 

Article 2. 

Revocation. 
§ 19-221. How wills revoked. 

No will or testament in writing of any real or personal property or any clause 
thereof shall be revocable but by some other will or codicil in writing, or other 
writing declaring the same, attested and subscribed by three witnesses as required 
by § 19-205, or by destroying or obliterating the same by the testator himself, 
or some other person in his presence, and by his directions and consent. 

1942 Code § 8921; 1932 Code § 8921; Civ. C. '22 § 5341; Civ. C. '12 § 3569; Civ. C. '02 
§ 2481; G. S. 1859; R. S. 1993; 1712 (2) 526; 1789 (5) 107; 1824 (6) 238; 1954 (48) 1745. 

Effect of amendment. — The amendment Quoted in Stevens v. Royalls, 223 S. C. 

rearranged last part thereof and changed 510, 77 S. E. (2d) 198 (1953). 
"and" after "destroying" to "or". 

Article 3. 
Construction and Effect. 
§ 19-231. Property acquired after execution of will. 

After-acquired property passes under the covering it. Cornelson v. Vance, 220 S. C. 
will if there is any provision of the will 47, 66 S. E. (2d) 421 (1951). 

§ 19-233. Power of appointment executed by general gift. 

Quoted in Rogers v. Rogers, 221 S. C. 
360, 70 S. E. (2d) 637 (1952). 

§ 19-238. Excessive legacies to bastards or women living in adultery. 

Cross reference. — As to inheritance by 
or from adopted child, see § 19-52.11. 

Article 5. 

Probate of J J' ills Probated Out of State. 

§ 19-281. Wills probated in other states admitted to probate in this State. 

Applied in Collins v. Collins, 219 S. C. 
1, 63 S. E. (2d) 811 (1951). 

§ 19-286. Foreign probates admitted to probate upon exemplification. 

Application of section to will of per- Probate in solemn form in court of de- 

sonalty. — This section authorizes any in- cedent's domicile is conclusive. — This sec- 

terested party, under proper circumstances, tion clearly contemplates, certainly as to 

to contest the validity of a foreign will personal property situated in this State, 

admitted to probate in common form in that if a foreign will has been proved in 

this State even though the property situ- solemn form in" the courts of decedent's 

ated in this State consists only of person- domicile, such an adjudication would be 

alty, but it was not intended to give juris- conclusive here. Collins v. Collins, 219 S. 

diction to the courts of this State to deter- C. 1, 63 S. E. (2d) 811 (1951). 

mine the validity of a foreign will in so And foreign judgment adjudicating va- 

far as it relates to personal property lo- lidity of will should be recognized. — 

cated in the state of the testator's domicile. Whether or not an adjudication by the 

Collins v. Collins, 219 S. C. 1, 63 S. E. (2d) courts of the testator's domicile as to the 

811 (1951). validity of his will is, under the full faith 

51 



§ 19-473 Code of Laws of South Carolina § 19-492 

and credit clause of the federal Constitu- sonal property located in two or more 
tion, conclusive upon the courts of other states, the courts in the ancillary juris- 
states in so far as personal property is* diction should stay any proceedings in- 
concerned, ordinarily recognition should stituted there affecting the validity of the 
be given to such judgment upon principles instrument until the courts of the domi- 
of comity. Collins v. Collins, 219 S. C. 1, ciliary jurisdiction have had a reasonable 
63 S. E. (2d) 811 (1951). opportunity to determine the question, 
Stay of proceedings pending determina- particularly where a similar rule is followed 
tion of validity of will by court of domicile. by the courts of the testator's domicile. 
— Ordinarily where there is a contest as Collins v. Collins, 219 S. C. 1, 63 S. E. (2d) 
to the validity of a will transmitting per- 811 (1951). 

CHAPTER 6. 
Personal Representatives and Administration of Estates. 

Article 4. 
Payment or Compromise of Debts. 

Sec. 

19-483. Limitation of suits on disallowed 
claims. 

Article 4. 
Payment or Compromise of Debts. 
§ 19-473. Notice to creditors; time allowed for ascertainment of debts. 

Cited in T. F. Floyd Mortuary v. New- (1952); Dubuque Fire & Marine Ins. Co. 
man, 222 S. C. 421, 73 S. E. (2d) 444 v. Wilson, 213 F. (2d) 115 (1954). 

§ 19-474. Claims not filed in eleven months barred. 

Editor's note. — "proved" in catchline bar a creditor who fails to comply with the 

line changed to "filed". statutes from enforcing his claim against 

The statutes requiring the representa- the persons into whose possession the 

tives of an estate to give notice to creditors assets of the estate have come. Dubuque 

are designed for the personal protection of Fire & Marine Ins. Co. v. Wilson, 213 F. 

executors and administrators, and do not (2d) 115 (1954). 

§ 19-475. No liability if creditor neglects to give statement. 

Cited in J. F. Floyd Mortuary v. New- (1952); Dubuque Fire & Marine Ins. Co. 
man, 222 S. C. 421, 73 S. E. (2d) 444 v. Wilson, 213 F. (2d) 115 (1954). 

§ 19-483. Limitation of suits on disallowed cairns. 

When any claim against the estate of a decedent has been or shall be : 

(1) Filed in the probate court in which such estate is being administered or 

(2) Filed with the executor or administrator of such estate; 

And such claimant or his attorney who has filed such claim, shall have received 
notice in writing, either : 

(a) From the said probate court that such claim has been disallowed or 

(b) From the executor or administrator of such estate, or the attorney for such 
executor or administrator, that such claim is denied and will be contested ; 

Such claim shall be forever barred unless within six months after receipt of 
such notice action shall be brought to enforce such claim. 

1942 Code § 8999-1; 1941 (42) 293; 1948 (45) 1969; 1952 (47) 2147. 

Effect of amendment. — Formerly a tive was not affected by the section but 
claim filed with the personal representa- only claims filed with and disallowed by 
tive or rejected by a personal representa- the probate court. 

Article 5. 

Sale of Real Estate by Probate Court to Pay Debts. 

§ 19-492. When probate judge may sell real estate of deceased to pay debts. 

Cited in J. F. Floyd Mortuary v. New- 
man, 222 S. C. 421, 73 S. E. (2d) 444 
(1952). 

52 



19-493 



1954 Cumulative Supplement 



$ 19-704 



§ 19-493. Application for sale and summons thereon. 

Quoted in J. F. Floyd Mortuary v. New- 
man, 222 S. C. 421, 73 S. E. (2d) 444 
(1952). 

Article 7. 

Returns and Commissions. 

§ 19-531. Filing of annual return. 

Cited in Fouche v. Royal Indemnity Co., 
217 S. C. 147, 60 S. E. (2d) 73 (1950). 

§ 19-534. Commissions. 

Commissions limited to money received. 

— In construing this section, the Supreme 
Court has repeatedly held that executors 
and administrators must actually receive 
and handle money in order to justify an 
allowance of the statutory commissions, 



and jurisdiction of the probate court in 
allowing executors' commissions is limited 
to the provisions of this section. Anderson 
v. Bowers, 117 F. Supp. 884 (1954). (Ed. 
note: This has reference to this section 
prior to the 1943 amendment.) 

Action by representatives for additional compensation. 

clusively in the court of common pleas. 
Anderson v. Bowers, 117 F. Supp. 884 
(1954). 



§ 19-535 

Jurisdiction of court of common pleas 
exclusive. — If an executor or administrator 
desires additional compensation for extra- 
ordinary service, jurisdiction is vested ex- 



§ 19-554. 



Article 8. 

Settlement and Distribution. 

When actions may be commenced against executor or adminis- 
trator. 



Cited in J. F. Floyd Mortuary v. New- 
man, 222 S. C. 421, 73 S. E. (2d) 444 
(1952). 

Article 10. 

Nonresidents as Representatives; Foreign Representatives. 

§ 19-591. Requirement for nonresident to act as representative; foreign 
testamentary trustee. 

A nonresident administrator is not con- the federal courts on the ground of diver- 
sidered as a South Carolina administrator sity of citizenship. Mason v. Helms, 97 F. 
for the purpose of giving jurisdiction to Supp. 312 (1951). 



CHAPTER 7. 
Liability of Heirs and Devisees. 



§ 19-704. Creditors preferred. 

This section does not unconstitutionally 
deprive a creditor of remedy for the col- 
lection of his debt and, therefore, his prop- 
erty, without due process, in view of the 
remedy provided by § 19-492 et seq., 
whereby a creditor may apply to the pro- 
bate judge, at any time after the qualifica- 
tion of any executor or administrator to 
have the decedent's real estate sold to pay 



debts. J. F. Floyd Mortuary v. Newman, 
222 S. C. 421, 73 S. E. (2d) 444 (1952). 

"Action brought", as used in this sec- 
tion, is not the mere filing of claim in the 
probate court or with the executor or ad- 
ministrator. J. F. Floyd Mortuary v. New- 
man, 222 S. C. 421, 73 S. E. " (2d) 444 
(1952). 



53 



for 


Jasper 


for 


Horry 


for 


York 



§ 20-1 Code; of Laws of South Carolina § 20-30 

Title 20. 

Domestic Relations. 

Chap. 1. Marriage, §§ 20-6.1 to 20-32. 
2. Divorce, §§ 20-101, 20-118. 
4. Custody, Care and Support, §§ 20-301 to 20-367. 

CHAPTER 1. 
Marriage. 

Article 1. Sec. 

General Provisions. 20-30.1. Special provisions 
Sec. County. 

20-6.1. Children legitimate when either 20-30.2. Special provisions 
party marries in good faith, etc. County. _ _ 

20-30.3. Special provisions 
Article 2. County. 

Marriage License. 20-32. Disposition of license fee. 
20-23.1. [Repealed.] 

Article; 1. 
General Provisions. 
§ 20-1. Who may contract matrimony. 

Cited in Dillon County v. Maryland Cas. Baker v. Allen, 220 S. C. 141, 66 S. E. (2d) 
Co., 217 S. C. 66, 59 S. E. (2d) 640 (1950); 618 (1951), dis. op. of Baker, C. J. 

§ 20-6.1. Children legitimate when either party marries in good faith, etc. 

When either of the contracting parties to a marriage that is void under the 
provisions of § 20-6 entered into the marriage contract in good faith on or after 
April 13 1951 and in ignorance of the incapacity of the other party, any children 
born of the marriage shall be deemed legitimate and have the same legal rights 
as a child born in lawful wedlock. 

1951 (47) 150; 1954 (48) 1770. 

Effect of amendment. — The amendment 
added "on or after April 13, 1951". 

Article 2. 
Marriage License. 
§ 20-21. License required for marriage. 

Cited in Baker v. Allen, 220 S. C. 141, 
66 S. E. (2d) 618 (1951), dis. op. of Ba- 
ker, C. J. 

§ 20-23. Issue of license. 

Cited in Dillon Countv v. Maryland Cas. 
Co, 217 S. C. 66, 59 S. E. (2d) 640 (1950). 

§ 20-23.1. Same; additional fee in York County. 

Repealed by A. & J. R. 1954 (48) 1747. 
Cross reference. — See now § 20-30.3. 

§ 20-28. Probate judge to keep record; certified copies. 

Cross reference. — As to issue of certified 
copies without charge, see §§ 32-1124 and 
44-661. 

§ 20-30. Special provisions for Dillon County. 

Constitutionality. — The fact that the other probate judges does not have the 

duties of the probate judge mentioned in effect of making this section special legis- 

this section as to performing marriages lation of a kind prohibited by S. C. Const., 

during office hours are not imposed upon Art. 3, § 34. Dillon County v. Maryland 

54 



§ 20-30.1 1954 Cumulative Supplement $ 20-32 

Cas. Co., 217 S. C. 66, 59 S. E. (2d) 640 S. C. 66, 59 S. E. (2d) 640 (1950). See 

(1950). Dillon County v. Maryland Cas. Co., 220 

No right of the probate judge of Dillon S. C. 204, 67 S. E. (2d) 306 (1951); Dil- 

County is violated by this section in im- Ion County v. Maryland Cas. Co., 223 S. 

posing upon him the duty of performing C. 233, 75 S. E. (2d) 254 (1953). 

marriage ceremonies during office hours. A taxpayer cannot maintain an action 

Dillon County v. Maryland Cas. Co., 217 for a declaratory judgment with respect 

S. C. 66, 59 S. E. (2d) 640 (1950). to the constitutionality of this section, 

And neither he nor his surety may at- where there is no showing that he would 

lack its validity. — In an action for an ac- be injuriously affected by the unconstitu- 

•counting based on an alleged breach of tionality of the section. Manning v. Dil- 

duty by the probate judge in failing to Ion County, 223 S. C. 240, 75 S. E. (2d) 250 

collect license fees claimed to be due to (1953). 

Dillon County under this section, neither Actions to recover portion of fee paid 
the probate judge nor his surety may at- under protest. — See Baker v. Allen, 220 S. 
tack the validity of this section, fixing the C. 141, 66 S. E. (2d) 618 (1951); Whit- 
fee to be charged for marriage licenses. tington v. Allen, 223 S. C. 148, 74 S. E. 
Dillon County v. Maryland Cas. Co., 217 (2d) 579 (1953). 

§ 20-30.1. Special provisions for Jasper County. 

The judge of probate of Jasper County, when requested, shall perform marriage 
ceremonies during official office hours. He shall charge and collect three dollars 
for each marriage license issued by him, regardless of whether it is issued during 
office hours or not. He shall make no charge for issuing certified copies of mar- 
riage certificates. He shall make no charge for the performance of marriage cere- 
monies during office hours. He or someone acting in his behalf shall collect such 
fees and they shall, together with all other fees and commissions received by the 
probate judge, be turned over monthly to the treasurer of said county. 

1953 (48) 294. 

§ 20-30.2. Special provisions for Horry County. 

The judge of probate of Horry County when requested shall perform marriage 
ceremonies during office hours. He shall charge and collect five dollars for each 
marriage license issued by him, regardless of whether it is issued during office 
hours or not. He shall make no charge for issuing certified copies of marriage 
certificates or for the performance of marriage ceremonies during office hours. 
Three dollars of each marriage fee shall go into the general fund of the county 
and the remaining two dollars shall go to the Horry County Memorial Library. 

1954 (48) 1531. 

§ 20-30.3. Special provisions for York county. 

The judge of probate of York County when requested shall perform marriage 
ceremonies during office hours. He shall charge and collect one dollar for each 
application for such license and four dollars for each marriage license issued by 
him, regardless of whether it is issued during office hours or not. He shall make 
no charge for issuing certified copies of marriage certificates or for the performance 
of marriage ceremonies during office hours. 

1954 (48) 1747. 

§ 20-32. Disposition of license fee. 

(4) In Abbeville, Bamberg, Edgefield, Greenville, Lancaster, Lee and Williams- 
burg Counties the probate judge shall retain the sum of fifty cents as his com- 
pensation. 

(6) In Marlboro County the license fee of one dollar shall be turned over 

monthly by the judge of probate to the county treasurer and go to the general 
fund of said county. 

1953 (48) 294, 422; 1954 (48) 1747. 

Effect of amendments. — In item (4) fund of the county in item (6) until 

1953 p. 294 eliminated Jasper County (see changed by 1953 (48) 422. The other por- 

§ 20-30.1) and 1954 p. 1747 eliminated York tions of the section were not affected by 

County (see §§ 14-3625 and 20-30.3). The the amendment and are therefore not set 

fees were formerly turned over to the school forth above. 

55 



$ 20-101 



Code of Laws of South Carolina 



20-101 



CHAPTER 2. 

Divorce. 
Article 1. 
Divorces in This State. 

Sec. 

20-101. Grounds for divorce. 

20-118. Divorced wife barred of dower. 

Article 1. 
Divorces in This State. 

§ 20-101. Grounds for divorce. 

No divorce from the bonds of matrimony shall be granted except upon one or 
more of the following grounds, to-wit : 

(1) Adultery; 

(2) Desertion for a period of one year; 

(3) Physical cruelty; or 

(4) Habitual drunkenness. 

Habitual drunkenness shall be construed to include such drunkenness caused by 
the use of any narcotic drug. 

1949 (46) 216; 1952 (47) 2142. 

Effect of amendment. — The amendment 
added the last paragraph. 

The causes for which separate mainte- 
nance and support may be granted are not 
confined to those which constitute grounds 
for divorce. Mincey v. Mincey, 224 S. C. 
520, 80 S. E. (2d) 123 (1954). 

The essentials of desertion are: (1) Ces- 
sation from cohabitation; (2) intent on 
the part of the absenting party not to re- 
sume it; (3) absence of the opposite 
party's consent; and (4) absence of justi- 
fication. Of course, the cessation of con- 
habitation must be for the required statu- 
tory period before there can be a divorce 
on the ground of desertion. Machado v. 
Machado, 220 S. C. 90, 66 S. E. (2d) 629 
(1951). 

A divorce may be granted in this State 



establish misconduct on the part of the 
other in itself, and independently, amount- 
ing to one or more of the four grounds per- 
mitted by the constitutional amendment. 
Mincey v. Mincey, 224 S. C. 520, 80 S. E. 
(2d) 123 (1954). 

Constructive desertion not established. — 
Course of conduct by husband consisting 
of personal indignities, but without physical 
cruelty, indiscreet and undue attentiveness 
to another woman of a suspicious nature, 
but without proof of adultery, intoxication, 
without habitual drunkenness, which made 
living conditions for wife intolerable, and 
continued cohabitation impossible, not suf- 
ficient to constitute constructive desertion. 
Mincey v. Mincey, 224 S. C. 520, 80 S. E. 
(2d) 123 (1954). 

Refusal of wife to go with husband to 
on the ground of constructive desertion. home of his choice. — The husband has the 



Machado v. Machado, 220 S. C. 90, 66 S. 
E. (2d) 629 (1951). 

Elements of constructive desertion. — 
Generally speaking, it may be said that 
there is constructive desertion where an 
existing cohabitation is intentionally 



right, acting reasonably, to choose where 
the family shall reside, and when the wife 
refuses to go with him she is guilty of de- 
sertion. Wolfe v. Wolfe, 220 S. C. 437, 68 
S. E. (2d) 348 (1951). 

There can be no desertion where the 



brought to an end by the misconduct of separation of the spouses is upon mutual 



one of the spouses, compelling the other 
to leave the marital home. An intent to 
desert is an indispensable element. How- 
ever, it is not a necessary ingredient in 
constructive desertion that the husband 
shall entertain, in connection with the acts 
complained of, a settled purpose to drive 
his wife from him. It is enough if such is 
the natural consequence of his acts. Macha- 
do v. Machado, 220 S. C. 90, 66 S. E. (2d) 
629 (1951). 

But misconduct must amount to one of 
constitutional grounds. — In order to con- 
stitute constructive desertion, the abandon- 
ing party seeking to make a technical de- 
serter out of the one abandoned, must 



consent. Machado v. Machado, 220 S. C. 
90, 66 S. E. (2d) 629 (1951). 

And the resumption of cohabitation 
terminates the desertion. Machado v. Ma- 
chado, 220 S. C. 90, 66 S. E. (2d) 629 
(1951). 

The only form of cruelty recognized in 
South Carolina as a ground for divorce is 
"Physical cruelty." Barstow v. Barstow, 
223 S. C. 136, 74 S. E. (2d) 541 (1953). 

Physical cruelty defined. 

In accord with paragraph under this 
catchline in Code. See Barstow v. Bar- 
stow, 223 S. C. 136, 74 S. E. (2d) 541 
(1953). _ 

Physical cruelty on part of wife. — While 



56 



§ 20-105 



1954 Cumulative Supplement 



§ 20-112 



severe or dangerous physical assaults by 
the wife on her husband may constitute 
physical cruelty and be a ground for di- 
vorce, slight acts of violence by a wife 
from which the husband can easily pro- 
tect himself do not constitute physical 
cruelty entitling him to a divorce. Barstow 
v. Barstow, 223 S. C. 136, 74 S. E. (2d) 
541 (1953). 

Burden of proof as to constructive de- 
sertion. — Where a wife is seeking the af- 
firmative relief of divorce based on a claim 



of constructive desertion by her husband, 
it is incumbent upon her to establish the 
essential elements of desertion, some of 
which need not be shown in an action for 
separate maintenance. Machado v. Ma- 
chado, 220 S. C. 90, 66 S. E. (2d) 629 
(1951). 

Sections 20-101 to 20-148 cited in Mincey 
v. Mincey, 224 S. C. 520, 80 S. E. (2d) 123 
(1954). 

Cited in Simonds v. Simonds, .... S. C. 
...., 81 S. E. (2d) 344 (1954). 



20-105. Jurisdiction of actions for divorce. 



An action for divorce is within the 
equity jurisdiction of the court, and in ac- 
cord with the well settled rule, findings of 
fact by a master or referee, concurred in by 
a circuit judge, will not be disturbed by 
the Supreme Court unless it appears that 



such findings are without evidentiary 
support or are against the clear preponder- 
ance of the evidence. Mincey v. Mincey, 
224 S. C. 520, 80 S. E. (2d) 123 (1954). 

Stated in Machado v. Machado, 220 S. 
C. 93, 66 S. E. (2d) 629 (1951). 



§ 20-106. Venue. 

A divorce action may be brought in the husband and wife. Thomas v. Thomas, 
county in which the parties last resided as 218 S. C. 235, 62 S. E. (2d) 307 (1950). 

§ 20-112. Alimony; suit money. 

Wife need only establish prima facie 
case. — The wife is regarded as the privi- 
leged suitor and in determining whether 
temporary alimony and counsel fees shall 
be allowed, it is not necessary to examine 
into the merits of the controversy. But to 
entitle the wife to such relief, it is incum- 
bent upon her to establish a prima facie 
case. Poliakoff v. Poliakoff, 221 S. C. 391, 
70 S. E. (2d) 625 (1952). 

But allowance subject to review and re- 
versal. — Right of wife-litigant to alimony 
pending divorce proceedings is expressly 
vouchsafed to her by this section, which 
appears to be merely enactment of rules of 
former decisions with respect to suits for 
alimony, and motion by wife on verified 
complaint without supporting papers not a 
fatal deficiency, but, privileged suitor 
though she is, burden of proof is upon her, 
and allowance of alimony pendente lite is 
within discretion of court when wife estab- 
lishes prima facie right thereto, which is 
subject to review and reversal on appeal. 

Simonds v. Simonds, .... S. C ,81 

S. E.(2d) 344 (1954). 

Wife's verified answer is sufficient to 
make out prima facie case. — Generally 
speaking, where the husband sues the wife 
for divorce and the only showing before 
the court is his verified complaint and a 
verified answer by the wife denying the 
grounds for divorce and showing that she 
is without funds to defend the suit or 
maintain herself during the pendency of 
the action, a prima facie case is made for 
the allowance of temporary alimony and 
counsel fees. Poliakoff v. Poliakoff, 221 
S. C. 391, 70 S. E. (2d) 625 (1952). 

If made in good faith. — If it appears 
that the wife's denial is not made in good 
faith, but is merely sham and for the pur- 



pose of protracting the period during which 
the injured husband may be compelled to 
support her, application for suit money and 
temporary alimony will be denied. Polia- 
koff v. Poliakoff, 221 S. C. 391, 70 S. E. 
(2d) 625 (1952). 

Stated in Machado v. Machado, 220 S. 
C. 90, 66 S. E. (2d) 629 (1951). 

Income taxes and other factors to be 
taken into account. — Income taxes are so 
substantial in amount and proportion of 
one's income that they cannot, in reason 
and fairness, be left out of account in deter- 
mining income on motion for alimony 
pendente lite; and other factors for con- 
sideration are wife's separate estate and in- 
come, to whom payments will be taxable, 
and that amount of income tax paid by 
husband on joint return with wife may be 
of lesser amount than he will have to pay 
living separately; and where in argument 
on motion for temporary alimony it was 
mistakenly contended that payments of 
such alimony by husband would be de- 
ductible by him and taxable to wife, and 
it did not appear what influence, if any, tax 
status of parties had in arriving at amount 
of award, amount fixed in order for alimony 
pendente lite reversed and remanded for 
reconsideration. Simonds v. Simonds, .... 

S. C , 81 S. E. (2d) 344 (1954). 

(Editor's note. The rule that temporary 
alimony payments are not deductible by 
husband and not taxable to wife was not 
changed by Internal Revenue Code of 
1954). 

The causes for which separate mainte- 
nance and support may be granted are not 
confined to those which constitute grounds 
for divorce. Mincey v. Mincey, 224 S. C. 
520, 80 S. E. (2d) 123 (1954). 



57 



21-113 



Code op Laws op South Carolina 



20-118 



A court may decree separate maintenance 
although a divorce is denied. Machado v. 
Machado, 220 S. C. 90, 66 S. E. (2d) 629 
(1951). 



§ 20-113. Award of alimony, etc. 

This section does not abrogate or im- 
pair the original inherent power of equity 
to grant alimony independent of a divorce. 
Machado v. Machado, 220 S. C. 90, 66 S. 
E. (2d) 629 (1951). 

§ 20-113.1. Allowance of alimony and suit money in divorce actions a mensa 
et thoro. 

Quoted in Machado v. Machado, 220 S. 
C. 90, 66 S. E. (2d) 629 (1951). 

§ 20-115. Care, custody and maintenance of children. 



rangement prove inimical to interest of 
children. Mincey & Mincey, 224 S. C. 520, 
80 S. E. (2d) 123 (1954). 

Applied in Machado v. Machado, 220 S. 
C. 90, 66 S. E. (2d) 629 (1951); Wolfe v. 
Wolfe, 220 S. C. 437, 68 S. E. (2d) 348 
(1951); Poliakoff v. Poliakoff, 221 S. C. 
391, 70 S. E. (2d) 625 (1952). 



Divided custody not disturbed on appeal. 

— Where judge of juvenile — domestic rela- 
tions court and circuit judge concurred in 
recommendation of master awarding di- 
vided custody of children, Supreme Court, 
while viewing divided custody with con- 
cern, did not feel justified in disturbing 
such award, especially since application may 
be made to the court should present ar- 

§ 20-118. Divorced wife barred of dower. 

On the granting of any final decree of divorce the wife shall thereafter be barred 
of dower in lands formerly owned, then owned or thereafter acquired by her 
former husband. 

1949 (46) 216; 1950 (46) 2251; 1953 (48) 318. 

Effect of amendment. — The amendment 
added the words "formerly owned." 

CHAPTER 4. 
Custody, Care and Support. 



Article 1. 
General Provisions. 

Sec. 

20-301. Ill-treating children, apprentices, 
etc. 

Article 2. 
Uniform Support of Dependents Act. 
20-311 to 20-336. [Repealed.] 

Article 3. 

Uniform Reciprocal Enforcement of 

Support Act. 

20-337. Citation of article. 

20-338. Purposes. 

20-339. Definitions. 

20-340. Interpretation. 

20-341. State information agency; duties. 

20-342. Article alternative civil remedy. 

20-343. No jurisdiction of parties in other 
proceedings. 

20-344. Type of proceedings court conduct. 

20-345. Duties of support applicable to 
obligor. 

20-346. Same; when in this State. 

20-347. Same; enforceable by complaint; 
jurisdiction of the court. 

20-348. State or political subdivision fur- 
nishing support may invoke 
article. 

20-349. Legal custodian may bring com- 
plaint for minor obligee. 



Sec. 

20-350. Plaintiff's counsel. 

20-351. Information to be contained in 
complaint. 

20-352. Transmittal of complaint, etc. to 
responding state court. 

20-353. Responding state may order de- 
fendant furnish support. 

20-354. Duties of court as responding state 
on receipt of complaint, etc. 

20-355. Same; failure acquire jurisdiction. 

20-356. Same; order of support not to su- 
persede previous order of sup- 
port in divorce or separate 
maintenance action. 

20-357. Same; transmittal of copies of sup- 
port orders. 

20-358. Same; conditions may require for 
compliance with orders. 

20-359. Same; transmittal of payments 
made by defendants. 

20-360. Rules of evidence. 

20-361. Husband and wife competent wit- 
nesses. 

20-362. Communications between husband 
and wife not privilege. 

20-363. Costs and fees; payment. 

20-364. Courts receive and disburse pay- 
ments. 

20-365. Return of persons without State 
for failure support dependents; 



58 



§ 20-301 1954 Cumulative Supplement § 20-337 

Sec. Sec. 

release of such persons to other submits to jurisdiction and pro- 

states, vides support. 

20-366. Same; inapplicable when obligor 20-367. Incarceration of defendant. 

Article 1. 
General Provisions. 
§ 20-301. Ill-treating children, apprentices, etc. 

Whoever, being legally liable, either as parent, guardian, master or mistress, 
to provide for any child, apprentice, servant or mentally incompetent or helpless 
person necessary food, clothing, lodging, medical treatment or other treatment 
as recognized by § 56-1354 shall willfully and without lawful excuse refuse or 
neglect to provide for the same or shall unlawfully and maliciousy do or cause to 
be done any bodily harm to that person so that his life shall be endangered or his 
health or comfort shall have been, or is likely to be, permanently injured, shall 
be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less 
than two hundred dollars or imprisoned for not exceeding two years with or with- 
out hard labor, or both, at the discretion of the court. 

1942 Code § 1124; 1932 Code § 1124; Cr. C. '22 § 21; Cr. C. '12 § 166; Cr. C. '02 
§ 135; G. S. 2476; R. S. 133; 1874 (15) 704; 1927 (35) 106, 250; 1952 (47) 2042. 

Effect of amendment. — The section amendment substituted the phrase "men- 
formerly referred to "idiots" but the tally incompetent" person. 

§ 20-303. Husband's obligation to support wife and children. 

I. GENERAL CONSIDERATION. or children. State v. Caldwell, 220 S. C. 

The basic reason for the enactment of 301, 67 S. E. (2d) 421 (1951). 

this section is the important responsibility Indictment not bad for duplicity. — 

of the State through its courts, to protect When the defendant was charged in one 

the rights of a wife and minor unmarried count with failure to supply the actual nec- 

chiidren dependent for support upon the essaries of life to his wife and his minor 

husband and father, respectively. State v. unmarried children, two separate and dis- 

Caldwell, 220 S. C. 301, 67 S. E. (2d) 421 tinct offenses were not alleged in one 

(1951). count, and the indictment was not bad for 

There is but one offense intended to be duplicity. State v. Caldwell, 220 S. C. 301, 

legislated against by this statute, to wit, 67 S. E. (2d) 421 (1951). 
the failure of an able-bodied man or a man 

capable of earning or making a livelihood, II. JUST CAUSE OR EXCUSE, 

who, without just cause or excuse, aban- ■ Burden is on defendant to show just 

dons or fails to support his wife, or if there cause or excuse. 

be a minor unmarried child or children, In accord with paragraph under this 

fails to support such child or children, or catchline in Code. See State v. Sutherland, 

both his wife and minor unmarried child 217 S. C. 259, 60 S. E. (2d) 591 (1950). 

Article 2. 

Uniform Support of Dependents Act. 

§§ 20-311 to 20-336. Short title; duty of petitioner's representatives in this 

State. 

Repealed by A. & J. R. 1954 (48) 1421. 
Cross reference. — See now §§ 20-337 et seq. 

Article 3. 
Uniform Reciprocal Enforcement of Support Act. 
§ 20-337. Citation of article. 

This article may be cited as the Uniform Reciprocal Enforcement of Support Act. 
1954 (48) 1421. 



59 



§ 20-338 Code of Laws of South Carolina § 20-344 

§ 20-338. Purposes. 

The purposes of this article are to improve and extend by reciprocal legislation 
the enforcement of duties of support and to make uniform the law with respect 
thereto. 

1954 (48) 1421. 

§ 20-339. Definitions. 

As used in this article unless the context requires otherwise : 

( 1 ) "State" includes any state, territory or possession of the United States and 
the District of Columbia in which this or a substantially similar reciprocal law 
has been enacted. 

(2) "Initiating state" means any state in which a proceeding pursuant to this 
or a substantially similar reciprocal law is commenced. 

(3) "Responding state" means any state in which any proceeding pursuant to 
the proceeding in the initiating state is or may be commenced. 

(4) "Court" means any court in this State having jurisdiction to determine the 
liability of persons for the support of dependents and, when the context requires, 
means the court of any other state as defined in a substantially similar reciprocal 
law. 

(5) "Laze" includes both common and statute law. 

(6) "Duty of support" includes any duty of support imposed or imposable by 
law, or by any court order, decree or judgment, whether interlocutory or final, 
whether incidental to a proceeding for divorce, judicial separation, separate mainte- 
nance or otherwise. 

(7) "Obligor" means any person owing a duty of support. 

(8) "Obligee" means any person to whom a duty of support is owed. 
1954 (48) 1421. 

§ 20-340. Interpretation. 

This article shall be so interpreted and construed as to effectuate its general pur- 
pose to make uniform the law of the states which enact substantially similar legis- 
lation. 

1954 (48) 1421. 

§ 20-341. State information agency; duties. 

The State Department of Public Welfare is hereby designated as the State In- 
formation Agency under this article, and it shall : 

( 1 ) compile a list of the courts and their addresses in this State having juris- 
diction under this article and transmit the same to the state information agency 
of every other state which has adopted this or a substantially similar article. 

(2) maintain a register of such lists received from other states and transmit 
copies thereof as soon as possible after receipt to every court in this State having 
jurisdiction under this article. 

1954 (48) 1421. 

§ 20-342. Article alternative civil remedy. 

The remedies herein provided are in addition to and not in substitution for any 
other remedies. 
1954 (48) 1421. 

§ 20-343. No jurisdiction of parties in other proceedings. 

Participation in any proceedings under this article shall not confer upon any 
court jurisdiction of any of the parties thereto in any other proceeding. 
1954 (48) 1421. 

§ 20-344. Type of proceedings court conduct. 

The court shall conduct proceedings under this article in the manner prescribed 
by law for an action for the enforcement of the type of duty of support claimed. 
1954 (48) 1421. 

60 



§ 20-345 1954 Cumulative Supplement § 20-352 

§ 20-345. Duties of support applicable to obligor. 

Duties of support applicable under this article are those imposed or imposable 
under the laws of any state where the obligor was present during the period for 
which support is sought. The obligor is presumed to have been present in the 
responding state during the period for which support is sought until otherwise 
shown. 

1954 (48) 1421. 

§ 20-346. Same; when in this State. 

Duties of support arising under the law of this State, when applicable under 
§ 20-345, bind the obligor, present in this State, regardless of the presence or resi- 
dence of the obligee. 

1954 (48) 1421. 

§ 20-347. Same; enforceable by complaint; jurisdiction of the court. 

All duties of support are enforceable by complaint irrespective of relationship 
between the obligor and obligee. Jurisdiction of all proceedings hereunder shall 
be vested in the court as defined in Paragraph (4) of § 20-339. 

1954 (48) 1421. 

§ 20-348. State or political subdivision furnishing support may invoke article. 

Whenever the state or a political subdivision thereof furnishes support to an 
obligee, it has the same right to invoke the provisions hereof as the obligee to whom 
the support was furnished for the purpose of securing reimbursement of expendi- 
tures so made and of obtaining continuing support. 

1954 (48) 1421. 

§ 20-349. Legal custodian may bring complaint for minor obligee. 

A complaint on behalf of a minor obligee may be brought by a person having 
legal custody of the minor without appointment as guardian ad litem. 
1954 (48) 1421. 

§ 20-350. Plaintiff's counsel. 

The circuit solicitor, county solicitor or county attorney, upon the request of 
the court, the department of welfare or other local welfare representative, shall 
represent the plaintiff in any proceeding under this article. 

1954 (48) 1421. 

§ 20-351. Information to be contained in complaint. 

The complaint shall be verified and shall state the name and, so far as known 
to the plaintiff, the address and circumstances of the defendant and his dependents 
for whom support is sought and all other pertinent information. The plaintiff may 
include in or attach to the complaint any information which may help in locating 
or identifying the defendant including, but without limitation by enumeration, a 
photograph of the defendant, a description of any distinguishing marks of his per- 
son, other names and aliases, if any, by which he has been or is known, the name 
of his employer, his fingerprints or social security number. 

1954 (48) 1421. 

§ 20-352. Transmittal of complaint, etc. to responding state court. 

If the court of this State acting as an initiating State finds that the complaint 
sets forth facts from which it may be determined that the defendant owes a duty 
of support and that a court of the responding state may obtain jurisdiction of the 
defendant or his property, it shall so certify and cause three copies of (a) the 
complaint, (b) its certificate and (c) this article to be transmitted to the court in 
the responding state. If the name and address of such court is unknown and the 
responding state has an information agency comparable to that established in the 
initiating state it shall cause such copies to be transmitted to the state information 
agency or other proper official of the responding state, with a request that it forward 

61 



§ 20-353 Cods of Laws of South Carolina § 20-358 

them to the proper court, and that the court of the responding state acknowledge 
their receipt to the court of the initiating State. 
1954 (48) 1421. 

§ 20-353. Responding state may order defendant furnish support. 

If the court of the responding state finds a duty of support, it may order the de- 
fendant to furnish support or reimbursement therefor and subject the property of 
the defendant to such order. 

1954 (48) 1421. 

§ 20-354. Duties of court as responding state on receipt of complaint, etc. 

When the court of this State, acting as a responding state, receives from the 
court of an initiating state copies of the papers mentioned in § 20-352, it shall (a) 
docket the cause, (b) notify the solicitor of the circuit, the county solicitor or the 
county attorney, (c) set a time and place for a hearing and (d) take such action as 
is necessary in accordance with the laws of this State to obtain jurisdiction. 

1954 (48) 1421. 

§ 20-355. Same; failure acquire jurisdiction. 

If a court of this State, acting as a responding state, is unable to obtain juris- 
diction of the defendant or his property due to inaccuracies or inadequacies in the 
complaint or otherwise, the court shall (a) communicate this fact to the court in 
the initiating state, (b) on its own initiative use all means at its disposal to trace 
the defendant or his property and (c) hold the case pending the receipt of more 
accurate information or an amended complaint from the court in the initiating 
state. 

1,954 (48) 1421. 

§ 20-356. Same; order of support not to supersede previous order of sup- 
port in divorce or separate maintenance action. 

Any order of support issued by a court of this State when acting as a respond- 
ing state shall not supersede any previous order of support issued in a divorce or 
separate maintenance action, but the amounts for a particular period paid pursuant 
to either order shall be credited against amounts accruing or accrued for the same 
period under both. 

1954 (48) 1421. 

§ 20-357. Same; transmittal of copies of support orders. 

The court of this State when acting as a responding state shall cause to be trans- 
mitted to the court of the initiating state a copy of all orders of support or for re- 
imbursement therefor. 

1954 (48) 1421. 

§ 20-358. Same; conditions may require for compliance with orders. 

In addition to the powers of the foregoing provisions and §§ 20-363 and 20-367, 
the court of this State when acting as the responding state may subject the de- 
fendant to such terms and conditions as the court may deem proper to assure com- 
pliance with its orders and in particular : 

( 1 ) To require the defendant to furnish recognizance in the form of a cash 
deposit or bond of such character and in such amount as the court may deem 
proper to assure payment of any amount required to be paid by the defendant. 

(2) To require the defendant to make payments at specified intervals to the 
clerk of the court or the obligee and to report personally to such clerk at such 
times as may be deemed necessary. 

(3) To punish the defendant who shall violate any order of the court to the 
same extent as is provided by law for contempt of the court in any other suit or 
proceeding cognizable by the court. 

1954 (48) 1421. 

62 



§ 20-359 1954 Cumulative Supplement § 20-365 

§ 20-359. Same; transmittal of payments made by defendants. 

The court of this State when acting as a responding state shall have the fol- 
lowing duties which may be carried out through the clerk of the court : 

( 1 ) Upon the receipt of a payment made by the defendant pursuant to any order 
of the court or otherwise, to transmit the same forthwith to the court of the ini- 
tiating state, and 

(2) Upon request to furnish to the court of the initiating state a certified state- 
ment of all payments made by the defendant. 

1954 (48) 1421. 

§ 20-360. Rules of evidence. 

In any hearing under this law, the court shall be bound by the same rules of 
evidence that bind juvenile or domestic relations courts or similar courts in this 
State wherein the strict or technical rules of evidence have been relaxed. 

1954 (48) 1421. 

§ 20-361. Husband and wife competent witnesses. 

Husband and wife are competent witnesses to testify to any relevant matter, in- 
cluding marriage and parentage. 

1954 (48) 1421. 

§ 20-362. Communications between husband and wife not privilege. 

Laws attaching a privilege against the disclosure of communications between 
husband and wife are inapplicable to proceedings under this article. 
1954 (48) 1421. 

§ 20-363. Costs and fees; payment. 

A court of this State acting either as an initiating or responding state may in 
its discretion direct that any part of or all fees and costs incurred in this State, in- 
cluding without limitation by enumeration, fees for filing, service of process, seizure 
of property and stenographic service of both plaintiff and defendant, or either, 
shall be paid by the county. Where the action is brought by or through the State 
or an agency thereof there shall be no filing fee. 

1954 (48) 1421. 

§ 20-364. Court receive and disburse payments. 

The court of this State when acting as an initiating state shall have the duty 
which may be carried out through the clerk of the court to receive and disburse 
forthwith all payments made by the defendant or transmitted by the court of the 
responding state. 

1954 (48) 1421. 

§ 20-365. Return of persons without State for failure support dependents; 
release of such persons to other states. 

The Governor of this State may (a) demand from the Governor of any other 
state the surrender of any person found in such other state who is charged in this 
State with the crime of failing to provide for the support of any person in this 
State and (b) surrender on demand by the Governor of any other state any person 
found in this State who is charged in such other state with the crime of failing 
to provide for the support of a person in such other state. The provisions for ex- 
tradition of criminals not inconsistent herewith shall apply to any such demand 
although the person whose surrender is demanded was not in the demanding state 
at the time of the commission of the crime and although he had not fled therefrom. 
Neither the demand, the oath nor any proceedings for extradition pursuant to this 
section need state or show that the person whose surrender is demanded has fled 
from justice, or at the time of the commission of the crime was in the demanding 
or other state. 

1954 (48) 1421. 

63 



,7 



§ 20-366 Code of Laws of South Carolina § 20-367 

§ 20-366. Same; inapplicable when obligor submits to jurisdiction and pro- 
vides support. 

Any obligor contemplated by § 20-365 who submits to the jurisdiction of the 
court of such other state and complies with the court's order of support, shall be 
relieved of extradition for desertion or non-support entered in the courts of this 
State during the period of such compliance. 

1954 (48) 1421. 

§ 20-367. Incarceration of defendant. 

When the court of this State, acting either as an initiating or responding state, 
has reason to believe that the defendant may flee the jurisdiction it may (a) as an 
initiating state request in its certificate that the court of the responding state ob- 
tain the body of the defendant by appropriate process if that be permissible under 
the law of the responding state or (b) as a responding state, obtain the body of 
the defendant by appropriate process. 

1954 (48) 1421. 



64 



CODE OF LAWS 

OF 

SOUTH CAROLINA 

1952 



1954 Cumulative Supplement 



ANNOTATED 



Prepared under the supervision and direction of the 
Code Commissioner and the Committee on Statutory 
Laws of the General Assembly of South Carolina 



IN EIGHT VOLUMES 

VOLUME 3 



TITLES 21 TO 32 



Place in Pocket of Volume 3 of Main Set 



FURMAN R. GRESSETTE 
St. Matthews, S. C. 

THE R. L. BRYAN COMPANY 

Columbia, S. C. 
1954 



Copyright 1954 

BY 

The State of South Carolina 



NOTICE 

This pocket supplement is not official. At the direction 
of the Committee on Statutory Laws the Acts as enacted 
have been edited in various particulars to conform them 
to the style and arrangement of the Code of 1952 and to 
make them more readily usable by the practitioner for 
ordinary work. For further details see the Foreword in 
the Pocket Supplement to Volume 1. 



Code of Laws of South Carolina 

1952 



1954 CUMULATIVE SUPPLEMENT 



Title 21. 
Education. 



Chap. 2. State Superintendent of Education, § 21-21. 

5. County Boards of Education, § 21-101. 

6. School Districts, §§ 21-119 to 21-201. 

8. State Aid for Schools, §§ 21-260 to 21-293.10. 

9. School Buildings, §§ 21-330 to 21-340. 
12. Textbooks, §§ 21-569 to 21-593. 

14. Pupils, §§ 21-801 to 21-857.11. 

15. Financial Matters, §§ 21-915 to 21-1000.210. 

16. Abbeville County, §§ 21-1001.1 to 21-1011. 

17. Aiken County, §§ 21-1031 to 21-1085. 

18. Allendale County, §§ 21-1100 to 21-1106. 

19. Anderson County, §§ 21-1152 to 21-1228. 

21. Barnwell County, § 21-1352. 

22. Beaufort County, § 21-1422.1. 

23. Berkeley County, §§ 21-1453 to 21-1531. 

24. Calhoun County, §§ 21-1552, 21-1553. 

25. Charleston County, § 21-1636.1. 

28. Chesterfield County, §§ 21-1851 to 21-1902. 

29. Clarendon County, §§ 21-2081 to 21-2091. 

30. Colleton County, §§ 21-2179.1 to 21-2190. 

31. Darlington County, §§ 21-2254.1 to 21-2302. 

32. Dillon County, §§ 21-2354 to 21-2436. 

33. Dorchester County, §§ 21-2539 to 21-2541. 

35. Fairfield County, §§ 21-2571 to 21-2619. 

36. Florence County, §§ 21-2651 to 21-2657. 

38. Greenville County, §§ 21-2802 to 21-2838. 

39. Greenwood County, §§ 21-2900 to 21-2925. 

40. Hampton County, §§ 21-2975. 21-2983. 

41. Horry County, §§ 21-3051 to 21-3082. 

42. Tasper County, §§ 21-3101 to 21-3112. 

43. Kershaw County, §§ 21-3150 to 21-3177. 

44. Lancaster County, §§ 21-3200 to 21-3293. 

46. Lee County, §§ 21-3350 to 21-3364. 

47. Lexington County, §§ 21-3401 to 21-3423. 

48. Marion County, §§ 21-3451, 21-3461. 

49. Marlboro County, §§ 21-3504, 21-3508. 

51. Newberry County, §§ 21-3591 to 21-3600. 

52. Oconee County, §§ 21-3661 to 21-3682. 

53. Orangeburg County, §§ 21-3707 to 21-3712.2. 

54. Pickens County, §§ 21-3791 to 21-3802. 

55. Richland County, §§ 21-3881.1 to 21-3885. 

56. Saluda County, §§ 21-3962 to 21-3966. 



§ 21-21 



Code of Laws of South Carolina 



21-58 



57. Spartanburg County, §§ 21-4000 to 21-4030. 

58. Sumter County, §§ 21-4050 to 21-4078. 

59. Union County, §§ 21-4150 to 21-4177. 

60. Williamsburg County, §§ 21-4200, 21-4201. 

61. York County, §§ 21-4331 to 21-4416. 

CHAPTER 2. 

Stats Superintendent of Education. 

Sec. 

21-21. Election, bond and salary. 

§ 21-21. Election, bond and salary. 

* * * T ne Superintendent of Education shall receive as compensation for 
his services the sum of ten thousand dollars per annum, payable monthly out of 
the State Treasury, and his traveling expenses, not exceeding three hundred dollars, 
shall be paid out of the State Treasury upon duly itemized accounts rendered by 
him. 

1942 Code § 5272; 1932 Code § 5272; Civ. C. '22 § 2532; Civ. C. '12 § 1698; Civ. C. 
'02 § 1174; 1896 (22) 150; 1901 (23) 750; 1919 (31) 4; 1924 (33) 1182; 1948 (45) 
1716; 1954 (48) 1566. 

Effect of amendment. — Amendment in- section was otherwise unchanged, and is 
creased salary to ten thousand dollars from not reproduced here, 
seven thousand five hundred dollars. The 

CHAPTER 3. 
State Board of Education. 



§ 21-43. Meetings of Board. 

A quorum of the Board must pass on 
the question whether there is sufficient 
evidence to justify revoking a teacher's 
certificate, since the determination of that 
question clearly constitutes "transacting 
business." Pettiford v. South Carolina 
State Board of Education, 218 S. C. 322, 
62 S. E. (2d) 780 (1950). 

But it is not necessary that a quorum 
take the testimony at the hearings in a 



proceeding to revoke a teacher's certifi- 
cate, and the designation of two members 
to take the testimony at those hearings 
and to report such testimony to the full 
Board in meeting duly assembled does not 
constitute an unlawful delegation of 
power. Pettiford v. South Carolina State 
Board of Education, 218 S. C. 322, 62 S. 
E. (2d) 780 (1950). 



CHAPTER 3.1. 
State Educational Finance Commission. 



§ 21-56. General duties of the Commission. 



Establishment and consolidation of 
school districts. — The authority vested in 
the Commission with reference to such 
matters as the establishment and consol- 
idation of school districts is of an advisory 
and regulatory nature. Powers v. State 
Educational Finance Comra., 222 S. C. 
433, 73 S. E. (2d) 456 (1952). 

§ 21-57. Survey of school system. 

Quoted in Powers v. State Educational 
Finance Comm., 222 S. C. 433, 73 S. E. 
(2d) 456 (1952). 

§ 21-58. Rules and regulations. 

Cross reference. — For rules and regula- 
tions promulgated under authority of this 
section, see Rules and Regulations, Educa- 
tional_ Finance Commission, in Volume 7. 

This section does not constitute an un- 
lawful delegation of legislative power. 



The Commission is not empowered by 
this section to make a consolidation of 
school districts lying in different coun- 
ties where either county board of educa- 
tion refuses to agree thereto. Powers v. 
State Educational Finance Comm., 222 S. 
C. 433, 73 S. E. (2d) 456 (1952). 



State v. Byrnes, 219 S. C. 485, 66 S. E. 
(2d) 33 (1951). 

The Commission is not empowered by 
this section to make a consolidation of 
school districts lying in different counties 
where either county board of education 



§ 21-101 



1954 Cumulative Supplement 



21-114 



refuses to agree thereto. ■ Powers v. State 
Educational Finance Comra., 222 S. C. 433, 
73 S. E. (2d) 456 (1952). 



Quoted in Powers v. State Educational 
Finance Coram, 222 S. C. 433, 73 S. E. 
(2d) 456 (1952). 



Sec. 
21-101. 



CHAPTER 5. 
County Boards oe Education. 

Appointment and term. 



§ 21-101. Appointment and term. 

No employee of a public school system other than the county superintendent 
of education shall be eligible to serve as a member of a county board of education. 
1953 (48) 3. 



Effect of amendment. — The amendment 
added the foregoing paragraph. As the 
section was otherwise unaffected by the 
amendment only the new paragraph is set 
forth above. 

Constitutionality. — The method of ap- 
pointment of public officers provided in 



this section is a common one, and does not 
constitute an illegal delegation of legis- 
lative power. State v. Byrnes, 219 S. C. 
485, 66 S. E. (2d) 33 (1951). 

Cited in Powers v. State Educational 
Finance Coram, 222 S. C. 433, 73 S. E. 
(2d) 456 (1952). 



CHAPTER 6. 
School Districts. 



Article 1.1. 

The School District of Aiken County, 

Including Areas in Edgefield and 

Saluda Counties. 

Sec. 

21-119. Composition of district, etc. 

Article 4.1. 

Areas of Cherokee County in School 

Districts in Adjoining Counties. 

21-161. Authorization, regulation, etc. 



Article 6. 

Batesburg-Leesville District No. 3 of 

Lexington and Saluda Counties. 

Sec. 

21-200. Financial provisions, trustees, 
buildings, etc. 

Article 7. 

District No. 5, Lexington and 

Richland Counties. 

21-201. Trustees, etc. 



Article 1. 
General Provisions. 
§ 21-111. School districts bodies politic and corporate. 

Powers conferred by § 21-111 to 21-114 
not superseded or repealed. — See note to 
§ 21-114. 

§ 21-112. Alteration of boundaries or division of school districts. 



Quoted in Powers v. State Educational 
Finance Coram, 222 S. C. 433, 73 S. E. 
(2d) 456 (1952). 

School districts may be altered or divided 



by county boards of education upon com- 
pliance with any one of the three enume- 
rated conditions, but they are mutually ex- 
clusive. Atty. Gen. Op., Aug. 26, 1954. 



§ 21-114. Same; consolidated district for entire county; district formed from 
two or more counties. 



Powers conferred by §§ 21-111 to 21-114 
not superseded or repealed. — The powers 
vested in the county boards of education 
by §§ 21-111 to 21-114, including the 
power to create, by the joint action of the 
boards of education of the counties in- 
volved, a school district embracing terri- 
tory in two or more counties, are pre- 
served, and were not superseded or re- 
pealed by the 1951 General Appropriation 



Act [1951 (47) 546]. Powers v. State 
Educational Finance Coram, 222 S. C. 
433, 73 S. E. (2d) 456 (1952). _ 

The formation of a school district com- 
prising parts of two counties or the con- 
solidation of school districts lying in dif- 
ferent counties must be approved by both 
county boards of education. Powers v. 
State Educational Finance Comm, 222 S. 
C. 433, 73 S. E. (2d) 456 (1952). 



§ 21-114.1 Code oe Laws of South Carolina § 21-238 

§ 21-114.1. Consolidation of school districts by county board of education. 

The effect of this section is to enlarge out the consent of the legislative dele- 

the powers previously given to county gation. Powers v. State Educational Fi- 

boards of education by enabling them to nance Comm., 222 S. C. 433, 73 S. E. (2d) 

consolidate school districts without a pe- 456 (1952). 
tition being filed or election held and with- 

§ 21-114.2. Same; filing order of consolidation. 

Quoted in Powers v. State Educational 
Finance Comm., 222 S. C. 433, 73 S. E. 
(2d) 456 (1952). 

Article 1.1. 

The School District of Aiken County, Including Areas in Edgefield and Saluda 

Counties. 

§ 21-119. Composition of district, etc. 

Provisions of A. & J. R. 1953 (48) 342 make up this section. 

Article 4.1. 
Areas of Cherokee County in School Districts in Adjoining Counties. 
§ 21-161. Authorization, regulation, etc. 

Provisions of A. & J. R. 1953 (48) 115 make up this section. 

Article 6. 
Bateshurg-Lecsznlle District No. 3 of Lexington and Saluda Counties. 
§ 21-200. Financial provisions, trustees, buildings, etc. 

Provisions of A. & J. R. 1952 (47) 2019 make up this section. 

Article 7. 
District No. 5, Lexington and Richland Counties. 
§ 21-201. Trustees, etc. 

Provisions of A. & J. R. 1953 (48) 255 and of § 2 of A. & J. R. 1953 (48) 1209 
make up this section. 

Editor's note. — The two acts referred to provides for the appointment of represen- 
appear to be in conflict inasmuch as the tatives from Richland County in accord- 
first provides for the appointment of the ance with the provisions of law for the 
trustees of the district by the respective election of trustees of School District No. 
county boards of education while the latter 5 of Lexington County. 

CHAPTER 7. 
School Trustees. 
§ 21-230. General powers and duties of school trustees. 

Lease of school athletic field. — School of professional or semi-professional base- 
trustees had no power under subd. (5) of ball during the school term. Carter v. 
this section to lease or permit the use Lake City Baseball Club, 218 S. C. 255, 
of a school athletic field for the playing 62 S. E. (2d) 470 (1950). 

§ 21-238. Trustees may sell school property. 

Cited in Nesbitt v. Gettys, 219 S. C. 221, 
64 S. E. (2d) 651 (1951). 



1954 Cumulative Supplement § 21-274 

CHAPTER 8. 
State Aid for Schools. 
Article 1. Article 4. 

Teachers' Salaries and Overhead. Education For Physically or Educable 

Sec. Mentally Handicapped Children. 

21-260. Allowance for supervision and over- Sec. 

head. 21-293. Definitions. 

21-262. [Repealed.] 21-293.1. Reimburse districts for special 

educational services for physi- 
Article 2. cally and educable mentally 

For School Facilities. handicapped children. 

21-272. Annual grant per pupil. l\'ll\i § ame; .^ acher r basis allowance. 

21-274. How such grants paid. 21-293.3. Supervision of special education 

21-279. Applications for expenditure and program; expand devices of De- 

accompanying statments. „ w , . &£P* n \ f ? r such chl dren - 

21-283. Applications by county board 21-293.4. Additional departmental person- 

when districts fail to make them. ,.. ... _ ~ ", ,. r 

21-289. Advances for capital improvements. 21-293.5. Teacher qualifications 

21-293.6. Determination of pupil eligibility. 
... 21-293.7. Home instruction. 

Article 6. 21-293.8. District operation of program; 

For General Purposes. eligibility for state aid. 

21-291. Annual appropriation of excess 21-293.9. Surveys. 

revenue. 21-293.10. Rules, regulations and policies. 

Article 1. 
Teachers' Salaries and Overhead. 

§ 21-260. Allowance for supervision and overhead. 

In addition to the State aid for teachers' salaries, each school district or operat- 
ing unit shall he allowed for supervision and overhead five dollars a school year 
for each pupil. Such allowance shall be based on enrollment. These funds shall be 
disbursed monthly along with the disbursement of funds for teachers' salaries. 

1951 (47) 546; 1953 (48) 181. 

Effect of amendment. — The payments 
were formerly based on average daily at- 
tendance rather than upon enrollment. 

§ 21-262. Local appropriations prerequisite to State aid in counties with city 
of 70,000. 

Repealed by A. & J. R. 1953 (48) 376. 

Article 2. 
For School Facilities. 

§ 21-272. Annual grant per pupil. 

The State shall make an annual contribution or grant of twenty dollars for each 
child, based on pupil enrollment during the school year next preceding the year 
in which the grant is made, as officially reported to the State Superintendent of 
Education. Such moneys shall be applied for the purpose of establishing and main- 
taining adequate physical facilities for the public school system or the payment 
of existing debts therefor, and for no other purpose. 

1951 (47) 546; 1953 (48) 181. 

Effect of amendment. — The amendment Stated in Powers v. State Educational 

increased the grant from $15.00 per child Finance Coram, 222 S. C. 433, 73 S. E. 
to $20.00 and based it on enrollment rather (2d) 456 (1952). 
than average daily attendance. 

§ 21-274. How such grants paid. 

From the proceeds of the retail sales tax levied pursuant to chapter 15 of Title 
65, such sum shall be annually allocated by the State Educational Finance Com- 



§ 21-278 Code of Laws of South Carolina § 21-289 

mission to the school unit so entitled. If the public school on account of whose 
operation such grant is made shall constitute a part of a county unit system, the 
grant or contribution shall be credited to the county school district authorities. If 
the public school on account of whose operation the grant is made is operated 
as a part of a school district system, the grant shall be credited to the school district. 
If any change be made in the operation of such school, equitable reallocations 
shall be made by the Commission of all balances to the credit and all debits 
charged against the units affected by the change in the system of operation. The 
grants shall be computed annually as soon as practicable after the end of the school 
year and shall be based on enrollment in all of the public schools operated by each 
separate school district or operating unit of the State, as determined by the State 
Department of Education. 

1951 (47) 546; 1953 (48) 181. 

Effect of amendment. — The words Funds paid pursuant to this section may 

"school district authorities" at the end of not be used for paving sidewalks along 
the second sentence are new and the highways approaching schools. Atty. Gen. 
grants are now based on enrollment rather Op., Feb. 10, 1954. 
than average daily attendance. 

§ 21-278. County plans of improvements or tax relief. 

Quoted in Powers v. State Educational 
Finance Coram, 222 S. C. 433, 73 S. E. 
(2d) 456 (1952). 

§ 21-279. Applications for expenditure and accompanying statements. 

To expend such State school building grants accruing to the credit of any school 
district or operating unit with the State public school building fund, applications 
for such expenditure shall originate with the school district or operating unit, ex- 
cept as herein otherwise provided. To expend funds for capital improvements or 
the retirement of outstanding bonded indebtedness of the district or unit, the trus- 
tees of any school district or the governing body of any operating unit shall pre- 
pare a statement with their application which shall set forth the enrollment in the 
schools of the district or unit, showing the division as to schools, grades, number 
of teachers employed, facilities in use, facilities to be provided with funds to be 
expended and outstanding indebtedness. 

1953 (48) 181. 

Effect of amendment. — The amendment 
eliminated "and average daily attendance" 
after "enrollment" in last sentence. 

§ 21-283. Applications by county board when districts fail to make them. 

If any school district shall fail to make an approved application to the Com- 
mission for the present or future expenditure of funds for capital improvements 
or for the retirement of outstanding school district bonded indebtedness by July 
1 1955 the county board of education wherein such district is located may, in the 
discretion of such county board, make such application, together with the proper 
statement, to the Commission for the expenditure of funds for capital improve- 
ments or retirement of outstanding bonded indebtedness within such district as, in 
the county board's judgment, will promote the best interests of the cause of educa- 
tion for the pupils within the school district or operating unit, but, in no event, 
shall the funds be expended for a purpose other than for the benefit of the pupils 
within the district or operating unit who have constituted the basis for the accrual 
of funds to the district's or operating unit's credit. 

1951 (47) 546; 1953 (48) 386. 

Effect of amendment. — The amendment 
extended the time for making application 
from July 1 1953 to July 1 1955. 

§ 21-289. Advances for capital improvements. 

But the Commission shall not advance or lend to any operating unit any sum 
in excess of seventy-five per cent of the estimated sum which will accrue to such 



§ 21-291 1954 Cumulative Supplement § 21-293.1 

operating unit on account of grants to be made to such operating unit within the 
twenty years next following the date of the advance or on or before July 1 1976, 
whichever shall first occur. In estimating such grants, the Commission shall 
assume that the enrollment in the schools of the operating unit for the past pre- 
ceding fiscal year will continue for the period during which the loan is to be repaid. 

1953 (48) 181. 

Effect of amendment. — "enrollment" plated by this section, being payable from 

substituted for "average daily attendance" a "special fund" which will be created by 

in last sentence of second paragraph. The the annual State grants, will not violate 

first paragraph was not changed and is the constitutional debt limitations. State 

effective. v. Byrnes, 219 S. C. 485, 66 S. E. (2d) 

Advances not violative of constitutional 33 (1951). 
debt limitations. — The advances contem- 

Article 3. 
For General Purposes. 

§ 21-291. Annual appropriation of excess revenue. 

On or before September 30th of each year the State Budget and Control Board 
shall determine the amount by which the State's revenues, applicable thereto, ex- 
ceeded the sum of (a) actual expenditures for normal maintenance and operation 
■of the State Government during the next preceding fiscal year including expendi- 
tures to the political subdivision of the State based on established percentages of 
revenues but not including expenditures for highway purposes, (b) unexpended 
"balances of continuing appropriations outstanding at the end of the preceding 
fiscal year and (c) whatever amount is found necessary to bring the General Fund 
Reserve to the prescribed maximum amount. All excess revenues so determined 
are hereby appropriated annually to the counties of the State, to be distributed to 
the respective counties in the proportion that the pupil enrollment of the public 
schools of a' county bears to the total public school enrollment of the State, as de- 
termined by the State Superintendent of Education for the preceding school year. 
Such funds shall be used for general public school purposes, including the payment 
of school debt as directed by a majority of the respective legislative delegations, 
including the Senator. 

J954 (48) 1566. 

Article 4. 

Education for Physically or Educable Mentally Handicapped Children. 

§ 21-293. Definitions. 

For the purpose of this article : 

(1) "Physically handicapped children' 1 means children of sound mind and of 
legal school age who suffer from any disability making it impracticable or impossible 
for them to benefit from or participate in the normal classroom program of the 
public schools ; 

(2) "Bducable mentally handicapped children" means children of legal school 
age who, because of retarded mental growth, are incapable of being educated profit- 
ably and effectively through ordinary classroom instruction, but who may be ex- 
pected to benefit from special education facilities designed to make them economi- 
cally useful and socially adjusted ; 

(3) "Special education program" means education services carried on through 
special schools, special classes and special instruction. 

1954 (48) 1479. 

§ 21-293.1. Reimburse districts for special educational services for physically 
and educable mentally handicapped children. 

The State Superintendent of Education shall reimburse school districts of the 
State for providing special educational services when in compliance with the 
provisions of this article and rules and regulations of the State Board of Educa- 

7 



§ 21-293.2 Code of Laws of South Carolina § 21-293.8 

tion from the regular appropriation for teachers' salaries in such manner as is 
provided by law. 
1954 (48) 1479. 

§ 21-293.2. Same; teacher basis allowance. 

For special education services State aid shall be allowed for a teacher employed 
with a minimum enrollment of twelve pupils and a minimum attendance of ten; 
and the proportionate part of a teacher's salary will be allowed when such teacher 
has less than the required minimum enrollment and attendance. 

1954 (48) 1479. 

§ 21-293.3. Supervision of special education program; expand services of 
Department for such children. 

The special education program shall be under the supervision of the State Su- 
perintendent of Education. The State Superintendent shall expand the services of 
the State Department of Education to include through the division of instruction a 
more extensive program of special education for physically and educable mentally 
handicapped children in the various school districts of the State. 

1954 (48) 1479. 

§ 21-293.4. Additional departmental personnel. 

The State Superintendent may also employ on the staff of the Department addi- 
tional personnel, if such be necessary of suitable professional qualifications who shall 
under his direction help develop and supervise the special education program au- 
thorized in this article. The State Superintendent may pay the salary of such ad- 
ditional personnel from the appropriation made to the Department for the hard 
of hearing and speech program. 

1954 (48) 1479. 

§ 21-293.5. Teacher qualifications. 

No person shall be employed as a teacher in the special education program in 
the State unless such person holds a valid teacher's certificate issued by the De- 
partment and in addition possesses such special qualifications as the Board may 
require, or holds a comparable certificate in special education as may be developed 
by the Board. 
' 1954 (48) 1479. 

§ 21-293.6. Determination of pupil eligibility. 

Local school authorities shall, with the assistance of the Department, determine 
by tests and special examination what pupils are eligible for special education 
services. No handicapped child shall be considered eligible for special education 
services except upon a certified diagnosis of a defect by competent and appropriate 
professional authorities acceptable to the State Superintendent. 

1954 (48) 1479. 

§ 21-293.7. Home instruction. 

If in any district there are handicapped children not able even with the help of 
transportation to be assembled in a school, instruction may be provided in the 
child's home, or in hospitals or sanatoria. Children so instructed may be counted 
under the provisions of this article. The State Board of Education shall determine 
the number of hours of home instruction acceptable in lieu of regular school at- 
tendance. 

1954 (48) 1479. 

§ 21-293.8. District operation of program; eligibility for State aid. 

A school district may operate a special education program for children eligible 
for such services under the provisions of this article and rules and regulations of 
the Board either as a district or jointly with other districts. When proper facilities 

8 



§ 21-293.9 1954 Cumulative Supplement § 21-331 

have been provided and when application has been made to and approved by the 
Department, the district will become eligible for State aid as provided in this article. 
1954 (48) 1479. 

§ 21-293.9. Surveys. 

County superintendents of education, with the cooperation of school boards and 
other school officials in the various counties of the State and with the special as- 
sistance of the county attendance teachers, shall make an annual survey to de- 
termine tbe number of physically and mentally handicapped children in the re- 
spective counties and school districts and shall report results of such survey to 
the State Superintendent in such manner as he may require. 

1954 (48) 1479. 

§ 21-293.10. Rules, regulations and policies establish. 

The Board shall establish rules, regulations and policies for : 

( 1 ) Screening, classifying and determining, by use of standardization tests and 
such psychological and medical services as may be necessary, by qualified per- 
sonnel, the eligibility of pupils to receive the benefits under the provisions of this 
article ; 

(2) Determining certification requirements and special qualifications of teachers; 

(3) Outlining the manner and procedure by which applications for aid and 
plans for operation may be made and approved ; and 

(4) Other matters not specified herein when necessary to carry out the pro- 
visions of this article. 

1954 (48) 1479. 

CHAPTER 9. 

School Buildings. 
Article 2. Sec. 

Use Abandoned School Buildings As 21-334. Reversion or reconveyance. 

Community Centers. 

$ ec - Article 3. 

2Ho?- Conveyance authorized; use. Abandoned School Buildings in Oconee 

21-331. Notice of meeting to elect trustees. County. 

21-332. Election and term of trustees; -,, ,„ n ,-, ,, 

management of property. 2l '° 40 - Community property; use; sell or 

21-333. Repair, remodel or change build- rent. 

ings; maintenance. 

Article 2. 

Use Abandoned School Buildings as Community Centers. 

§ 21-330. Conveyance authorized; use. 

The trustees of any consolidated school district may convey by deed any school 
building within the district which is no longer needed for school purposes. Any such 
abandoned school building shall be conveyed to the duly elected community trus- 
tees of the area constituting the former school district in which it is located, and 
their successors in office, in trust for the use and benefit of the community as a 
community building. , 

1954 (48) 1468. 

Cross reference. — As to abandoned school Stated in Atty. Gen. Op., May 24, 1954. 

buildings in Florence County, § 21-2655; Oconee County, § 21-340. 

§ 21-331. Notice of meeting to elect trustees. 

Any community wishing to be provided for under the provisions of this article 
shall hold a meeting, after advertisement or notice in a newspaper of general cir- 
culation in the county in which the community is located once a week for two 
weeks immediately preceding the meeting to the qualified electors of the area con- 



§ 21-332 Code of Laws of South Carolina § 21-412 

stituting the former school district, of the time and place of such meeting, for 
the purpose of electing three community trustees. 

1954 (48) 1468. 

Stated in Atty. Gen. Op., May 24, 1954. 

§ 21-332. Election and term of trustees; management of property. 

Upon election the community trustees and their successors shall hold, manage 
and direct the use of the premises as a community center for the use and benefit 
of the residents of the community or area. The terms of office of such trustees 
shall be for two years, and their successors shall be elected for a like term at a 
meeting held in the community after two weeks notice, in the manner provided in 
§ 21-331, to the qualified electors of the community. 

1954 (48) 1468. 

Stated in Atty. Gen. Op., May 24, 1954. 

§ 21-333. Repair, remodel or change buildings; maintenance. 

Upon election the community trustees may remodel, repair, change the partition 
walls in any such building and make any other changes to the building that they may 
see fit. Such expense shall be borne by the community. Such trustees shall not be 
financially responsible for breakage or other injury to the premises, and they shall 
maintain any such buildings and premises in such repair as is reasonable under 
the circumstances. The building shall be insured against loss by fire. 

1954 (48) 1468. 

Stated in Atty. Gen. Op., May 24, 1954. 

§ 21-334. Reversion or reconveyance. 

Should at any time the premises cease to be used as a community center for the 
purpose herein stated, possession shall revert to the transferer. The trustees of the 
consolidated school district may insert in the deed an option to demand a recon- 
veyance if such building should be again needed for school purposes. 

1954 (48) 1468. 

Stated in Atty. Gen. Op., May 24, 1954. 

Article 3. 
Abandoned School Buildings in Oconee County. 
§ 21-340. Community property ; use ; sell or rent. 

Provisions of A. & J. R. 1954 (48) 2421 make up this section. 
Cross reference. — As to transfer of aban- 
doned school buildings of consolidated dis- 
tricts, see §§ 21-330 et seq. 

CHAPTER 12. 
Subjects of Instruction. 
§ 21-411. Subjects required to be taught. 

Cross reference. — See § 32-886.2, director tional program for citizens above high 
of adult education for the prevention of school age. 
alcoholism to provide a"n alcoholic educa- 

§ 21-412. Same ; nature and effect of alcoholic drinks and narcotics. 

Cross reference. — See § 32-886.2, director tional program for citizens above high 
of adult education for the prevention of school age. 
alcoholism to provide an alcoholic educa- 



10 



21-479 



1954 Cumulative Supplement 



§ 21-593 



Sec. 



Article 5.1. 
Chesterfield County System. 



CHAPTER 12. 
Textbooks. 

Article 9. 
District No. 2 of Sumter County. 



21-569. Books to be furnished free, etc. 



21-593. Rental system for District No. 
Sumter County. 
Article 2. 



of 



State Rental System. 

§ 21-479. Rules and regulations as to depositories, distribution and damage 
to books. 

Cross reference. — For rules and regula- section, see Rules and Regulations, School 
tions promulgated under authority of this Book Commission, in Volume 7. 

Article 5.1. 
Chesterfield County System. 
§ 21-569. Books to be furnished free, etc. 

Provisions of A. & J. R. 1953 (48) 490 make up this section. 

Article 9. 
District No. 2 of Sumter County. 
§ 21-593. Rental system for District No. 2 of Sumter County. 

Provisions of §§ 3, 4, 5 and 6, A. & J. R. 1952 (47) 2077, make up this section. 



CHAPTER 14. 



Pupils. 



governors on 



Article 3. 
Transportation of Pupils and School 
Busses Generally. 
Sec. 

21-801. Tampering with 
schools busses. 
21-813.1. School bus passing another 

school bus. 
21-818. Highway Department to check 
operation of school busses; re- 
port. 

Article 3.1. 

Transportation by State or State Aid 

for Transportation. 

21-838. County boards may make trans- 
portation contracts and receive 
State aid; special arrangements. 

21-839. Bus drivers; selection, eligibility, 
training, etc. 

Article 3.2. 
Liability Insurance for School Busses. 

21-840. Requirement of insurance for 
State-owned busses. 

21-840.1. Same; for county and district- 
owned and contract busses. 



Sec. 

21-840.2. Benefits to be provided. 

21-840.3. Certain benefits limited to actual 

damages. 
21-840.4. Negligence irrelevant in certain 

cases; accidents covered. 
21-840.5. Counties, etc., not to provide 

supplemental benefits on State- 
owned busses. 
21-840.6. Source of funds for premiums on 

State-owned busses. 
21-840.7. How and where actions brought; 

parties. 
21-840.8. Waiver of claim against bus 

driver. 
21-840.9. State's immunity not waived. 
21-840.10. Rules and regulations. 

Article 4. 
Enrollment and Transfer of Pupils. 

21-847. Transfer of pupils from one county 

to another. 
21-848.1. Special provision for Richland 

County. 
21-857.11. High schools students of Old 

Patrick School District in 

Chesterfield County attend. 



11 



§ 21-751 Code; of Laws of South Carolina § 21-838 

Article 1. 
General Provisions. 
§ 21-751. Mixed schools unlawful. 

Constitutionality. — The constitutional (1952); Briggs v. Elliott, 342 U. S. 350, 
and statutory provisions requiring segre- 72 S. Ct. 327, 96 L. Ed. 392 (1952). 
gation in the public schools are not of Unconstitutional. — Segregation of chil- 
themselves violative of the Fourteenth dren in public schools solely on the basis 
Amendment to the United States Con- of race, even though the physical facilities 
stitution, but Negroes are denied rights and other "tangible" factors may be equal, 
guaranteed by that amendment where deprive negro children of equal educational 
there is failure to furnish for Negroes opportunities, in violation of the Four- 
educational facilities and opportunities teenth Amendment to the U. S. Constitu- 
equal to those furnished white persons. tion. Brown v. Board of Education of 

Briggs v. Elliott, 98 F. Supp. 529 (1951). Topeka, - U. S. , 74 S. Ct. 686, 

See Briggs v. Elliott, 103 F. Supp. 920 ... L. Ed. (1954). 

Article 3. 
Transportation of Pupils and School Busses Generally. 

§ 21-801. Tampering with governors on school busses. 

It shall be unlawful for any person, other than authorized mechanics, to tamper 
with governors on school busses operated in this State. Any person violating the 
provisions of this section shall be guilty of a misdemeanor and upon conviction 
shall be fined the sum of one hundred dollars or be imprisoned for a term of thirty 
days. 

1953 (48) 198. 

§ 21-813.1. School bus passing another school bus. 

It shall be unlawful for any person operating a school bus to pass another school 
bus unless the lead bus is in a stopped position and the driver of the lead bus has 
signalled to the operator of the bus in the rear that it is safe to pass. Any person 
violating the provisions of this section shall be guilty of a misdemeanor and upon 
conviction shall be fined the sum of one hundred dollars or be imprisoned for a 
term of thirty days. 

1953 (48) 200. 

§ 21-818. Highway Department to check operation of school busses; report. 

The South Carolina State Highway Department shall have the operation of 
school busses spot checked periodically and shall report all infractions of the laws 
or misconduct of any kind on the part of the drivers to the chairman of the board 
of trustees of the school that may be affected thereby. 

1953 (48) 201. 

§ 21-820. Penalties. 

Editor's note.- — The word "article" in tire article. Certainly consideration should 

this section is not comprehensive enough to be given to the excluding of §§ 21-795, 21- 

cover the entire article in view of the 801. 21-813.1 and 21-818, and may be § 

several enactments which compose the en- 21-809, from the term "article". 

Article 3.1. 
Transportation by State or State Aid for Transportation. 
§ 21-833. Control by Commission. 

Stated in Powers v. State Educational 
Finance Comra., 222 S. C. 433, 73 S. E. 
(2d) 456 (1952). 

§ 21-838. County boards may make transportation contracts and receive 
State aid; special arrangements. 
The Commission may enter into agreements with county boards of education 
whereby pupils living in isolated areas may be transported by special arrangements 

12 



§ 21-839 1954 Cumulative Supplement § 21-840.2 

when such transportation can be provided at lower cost than by operating a regu- 
lar bus route. 

1953 (48) 3. 

Effect of amendment. — The amendment section was otherwise unaffected only the 
added the foregoing paragraph. As the new paragraph is set forth above. 

§ 21-839. Bus drivers; selection, eligibility, training, etc. 

The school bus drivers, whether students or adults, shall be selected and em- 
ployed by the respective boards of trustees of the school districts, subject to the ap- 
proval of the respective county boards of education. No person under sixteen years 
of age shall be eligible for consideration as a bus driver. Before being employed all 
prospective drivers shall be examined by the State Highway Department to de- 
termine their competency. The Highway Department shall provide a rigid school 
bus driver training course and issue special "School Bus Driver's Certificates" to 
successful candidates. No person shall be authorized to drive a school bus in this 
State transporting children, whether the bus be owned by the State, by a local 
school agency or by a private contractor, who has not been so certified by the 
Highway Department. Local school superintendents may supervise the conduct 
of pupils being transported and of school bus drivers. 

1951 (47) 546; 1953 (48) 350. 

Effect of amendment. — Formerly the the selection of drivers of State-owned 
first sentence provided that the county busses, under such rules as the Commis- 
boards of education were responsible for sion might direct. 

§ 21-839.7. Rules and regulations. 

Rules and regulations promulgated under Regulations. Educational Finance Corn- 
authority of this section, see Rules and mission, State, in Volume 7. 

Article 3.2. 
Liability Insurance for School Busses. 
§ 21-840. Requirement of insurance for State-owned busses. 

The Director of the Sinking Funds and Property Division of the State Budget 
and Control Board shall procure, by advertising for bids or by negotiation, one or 
more insurance contracts which shall give insurance coverage on all State-owned 
school busses which are operated under the authority of, and which are being used 
for the purposes of, Article 3.1 of this chapter. 

1953 (48) 396. 

§ 21-840.1. Same; for county and district-owned and contract busses. 

County and district boards of education owning school busses shall provide the 
same insurance coverage for the lawful occupants of a county or district-owned 
bus as is provided for the lawful occupants of a State-owned school bus under 
§ 21-840. County and district boards of education shall further see that this same 
insurance coverage is provided for all lawful occupants of any contract vehicle 
operated under contract with such county and district boards of education. 

1953 (48) 396. 

§ 21-840.2. Benefits to be provided. 

The insurance contracts shall provide the following benefits : 
(1) For a lawful occupant of any such school bus who suffers personal injuries 
or death, a death benefit of two thousand dollars and an amount sufficient to de- 
fray the cost of hospitalization, surgery, medicine and all other medical expenses 
up to three thousand dollars ; and dismemberment and loss of sight benefits as 
follows : 

(a) For loss of both hands or both feet or sight of both eyes, two thousand 

dollars ; 

(b) For loss of one hand and one foot, two thousand dollars; 

VOLUME 3 13 



§ 21-840.3 Code of Laws of 1 South Carolina § 21-840.4 

(c) For loss of either hand or foot and sight of one eye, two thousand dollars; 

and 

(d) For loss of either hand or foot or sight of one eye, one thousand dollars; 

(2) For any person, other than a person riding in a school bus, or a person 
who qualifies for benefits under paragraph (1), who suffers personal injuries or 
death because of the negligent operation of any such school bus, an amount not 
exceeding five thousand dollars for any one person nor more than twenty-five 
thousand dollars for any one accident ; and 

(3) For any person, other than a person who qualifies for benefits under para- 
graph (1), whose property is damaged because of the negligent operation of any 
such school bus, an amount not exceeding five thousand dollars. 

1953 (48) 396. 

Cross reference. — See note to § 21-840.4. 

For related case see Reese v. National in supervised play on school grounds by 
Surety Corp., 224 S. C. 489, 80 S. E. (2d) negligent backing over him of a school 
47 (1954), which was brought under Act bus, and demanded judgment of $5,000, 
approved June 2, 1952, 48 Stat. 3. That demurrer properly sustained, as paragraphs 
Act expired by its own terms on July 1, (2) and (3) are "third person" provisions 
1953, and was replaced by this article (48 which accrue to benefit of any member of 
Stat. 396). There is nothing in this article public, but exclude a person who is within 
which requires plaintiff to allege and prove protection of paragraph (1), such as plain- 
lack of contributory negligence on his part. tiff, consideration of all pertinent pro- 
The Supreme Court in the above case visions of this article together convincing 
stated that the action was tried below on that it was not the legislative intent to 
the theory of the necessity of such allega- provide insurance for one person under 
tion and proof. The Court did not pass both paragraphs (1) and (2) of this sec- 
upon the question, but added that while the tion, and it further appearing that policy 
Act of June 2, 1952, did require proof of of insurance issued by defendant provided 
lack of contributory negligence when a coverage under paragraph (2) of this sec- 
claim was made under section 3, (which tion, under which plaintiff brought his ac- 
appropriated State funds to pay claims tion, but not under paragraph (1) thereof. 

arising prior to procurement of the insur- Collins v. National Surety Corp., S. 

ance, but which is no longer effective), it C. , 82 S. E. (2d) 511 (1954). (Editor's 

was very doubtful whether this applied note. — This action was brought pursuant 

where an accident occurred after insurance to Act approved June 2, 1952, 48 Stat. 3, 

had been procured on school buses. which expired by its own terms on July 1, 

The benefits of paragraph (1) of this 1953, but was replaced by this article 

section are extended by terms of § 21-840.4. which conies from Act approved May 26, 

Collins v. National Surety Corp., 1953, 48 Stat. 396. However, there are no 

S. C. , 82 S. E. (2d) 511 (1954). material differences between the provisions 

Persons covered. — Where complaint of of the two acts pertinent to the questions 

pupil alleged injury suffered while engaged determined in this case.) 

§ 21-840.3. Certain benefits limited to actual damages. 

The benefits provided for in paragraphs (2) and (3) of § 21-840.2 shall be 
limited to actual damages. 
1953 (48) 396. 

§ 21-840.4. Negligence irrelevant in certain cases; accidents covered. 

The benefits provided for in paragraph (1) of § 21-840.2 shall exist without 
regard to fault or negligence. The insurance shall cover any accident which occurs : 

( 1 ) While getting on a school bus ; 

(2) While riding within a school bus; 

(3) By being thrown from within a school bus; 

(4) While getting off a school bus ; 

( 5 ) By being run down, struck or run over by a school bus ; 

(6) By being run down, struck or run over while crossing a public highway 
while approaching or leaving a school bus at the point of loading or unloading ; or 

(7) By being run down, struck or run over by any moving vehicle while en- 
route between home and the point of loading or enroute between the point of un- 
loading and home. 

1953 (48) 396. 

14 



§ 21-840.5 1954 Cumulative Supplement § 21-847 

Cross reference. — See note to § 21-840.2. a person riding in a school bus was not 

Where there were separate insurers and liable to one who was run over by a school 

separate policies for the indemnities pro- bus while crossing the road to get on the 

vided in paragraphs (1) and (2) of § 21- bus. Farmer v. National Surety Corp. (S. 

840.2, the insurer which issued the policy C), 74 S. E. (2d) 580 (1953). 
covering injuries to any person other than 

§ 21-840.5. Counties, etc., not to provide supplemental benefits on State- 
owned busses. 

No county or other political subdivision shall supplement the benefits provided 
in this article by the procuring of insurance or by any other means on State- 
owned school busses. 

1953 (48) 396. 

§ 21-840.6. Source of funds for premiums on State-owned busses. 

The premiums on all insurance contracts procured under the authority of § 
21-840 shall be paid out of the annual appropriation for transportation operated 
by the State Educational Finance Commission. Such premiums shall be considered 
a part of the general expenses of operating school bus transportation. 

1953 (48) 396. 

§ 21-840.7. How and where actions brought; parties. 

Any action brought under the provisions of §§ 21-840 to 21-840.4 shall be 
brought directly against the insurance carrier and shall be brought in the county 
where the accident occurred. Neither the State nor any agency or political sub- 
division thereof shall be made a party to anv such action. 

1953 (48) 396. 

§ 21-840.8. Waiver of claim against bus driver. 

The acceptance of any payment or the bringing of any action authorized by 
this article shall constitute a waiver of any liability that might otherwise exist 
on the part of the driver of any State-owned school bus operated under the au- 
thority of Article 3.1 of this chapter. 

1953 (48) 396. 

§ 21-840.9. State's immunity not waived. 

Nothing in this article shall be construed as a waiver of the State's general im- 
munity from liability and suit. 
1953 (48) 396. 

§ 21-840.10. Rules and regulations. 

The Director of the Sinking Funds and Property Division of the State Budget 
and Control Board may promulgate any rules or regulations or set up any pro- 
cedure which will, in his judgment, clarify the provisions or facilitate the purposes 
of this article. 

1953 (48) 396. 

Article 4. 

Enrollment and Transfer of Pupils. 

§ 21-847. Transfer of pupils from one county to another. 

If school children in one county reside closer to schools in an adjacent county 
they may attend such schools upon the school authorities of the county of their 
residence arranging with the school officials of the adjacent county for such ad- 
mission and upon payment of appropriate charges as herein authorized. The board 
of trustees in the school district in which the pupils reside shall make written ap- 
plication through its county board of education to the board of trustees of the 
district in which the school is located for the admission of such children, giving 
full information as to ages, residence and school attainment, and the board of 
trustees in the school district, agreeing to accept such pupils, shall give a written 
statement of agreement. Upon receipt of such application the board of trustees of 

15 



§ 21-848.1 



Code op Laws of South Carolina 



21-857.11 



the school and its county board of education shall determine the monthly per 
pupil cost of all overhead expenses of the school which will include all expenses 
of the school not paid by the State. Upon proper arrangement being made for the 
payment monthly of such overhead per pupil cost for each such child they shall be 
admitted to the schools of the adjacent county. 

1953 (48) 348. 

Effect of amendment. — The amendment section was otherwise unaffected only the 
added the foregoing paragraph. As the additional paragraph is set forth above. 

§ 21-848.1. Special provision for Richland County. 

Provisions of A. & J. R. 1953 (48) 391 make up this section. 



§ 21-852. When payment of tuition, 

Section is constitutional. — The exemp- 
tion of certain counties from the opera- 
tion of this section has not the effect of 
rendering the section unconstitutional as 
denying due process of law and the equal 
protection of the laws guaranteed by the 
Fourteenth Amendment to the federal Con- 
stitution and S. C. Const., Art. 1, § 5. 
Moseley v. Welch, 218 S. C. 242, 62 S. E. 
(2d) 313 (1950). 

This section is not invalid as unlaw- 
fully discriminating against the children 
of parents who own property only in 
the district in which they reside. Nor is 
it invalid on the ground that it adds to 
the statute from which it was codified 
matter utterly inconsistent with the orig- 
inal subject matter thereof. Moseley v. 
Welch, 218 S. C. 242, 62 S. E. (2d) 313 
(1950). 

The word "adjoining" as used in this 
section should be given its commonly ac- 
cepted meaning of being in contact with 
or of touching at some point. Moseley v. 
Welch, 218 S. C. 242, 62 S. E. (2d) 313 
(1950). 

Two school districts adjoin within the 
meaning of this section although the only 
place where the two districts touch is for 
a short distance in the swamp of a river 



etc., may not be required. 

where the boundary line between the two 
districts is the center of the river, and at 
such point ot contact they are separated 
not only by the stream ot the river itself 
but also by an impenetrable river swamp 
tour and a half miles wide. Moseley v. 
Welch, 218 S. C. 242, 62 S. E. (2d) 313 
(1950). 

The right given by this section is not 
dependent upon owning property of a cer- 
tain value. Moseley v. Welch, 218 S. C. 
^42, 62 S. E. (2d) 313 (1950). 

Or upon holding it for any specified pe- 
riod.— Moseley v. Welch, 218 S. C. 242, 
62 S. E. (2d) 313 (1950). 

Parents who acquired property in an 
adjoining school district for the sole pur- 
pose of enabling them to send their chil- 
dren to the schools in that district never- 
theless had the right to avail themselves 
of the privilege given by this section, even 
though the property acquired was of com- 
paratively small value upon which the 
yearly tax was only three or four dollars. 
Moselev v. Welch, 218 S. C. 242, 62 S. 
E. (2d) 313 (1950). 

Transportation of children attending 
school in adjoining district. — See Moseley 
v. Welch, 218 S. C. 242, 62 S. E. (2d) 
313 (1950). 



§ 21-857.11. High schools students of Old Patrick School District in Chester- 
field County may attend. 

Provisions of A. & J. R. 1954 (48) 2033 make up this section. 



CHAPTER 15. 
Financial Matters. 



Sec. 



Article 2. 
School Taxes Generally. 



21-915. Same; petition in Laurens and 

Williamsburg Counties. 
21-916. [Repealed.] 
21-933. [Repealed.] 

Article 4. 
Claims against School Funds. 

21-953.1. Same; in Laurens County School 
Districts Nos. 55 and 56. 



Article 6. 
State School Bonds. 



Sec. 

21-996. Limits on aggregates of such in- 
debtedness. 
21-999.5. Execution of bonds. 

Article 9. 
Bonds of Spartanburg County School Dis- 
trict No. 2 in Cherokee and Spartan- 
burg Counties. 

21-1000.200. Authoritv to issue. 



16 



§ 21-915 1954 Cumulative Supplement § 21-998 

Sec. Sec. 

21-1000.201. Maturity of bonds; interests; 21-1000.206. Payment of expenses. 

denominations. 
21-1000.202. Execution of bonds. Article 10. 

21-1000.203. Validity; pledge of credit for Spartanburg County School Districts 

payment of bonds. Nos. 1 and 3 Bonds. 

21-1000.204. Levy taxes pay bonds. 21-1000.210. Authority to issue, etc. 

21-1000.205. Exemption from taxes. 

Article 2. 
School Taxes Generally. 

§ 21-915. Same ; petition in Laurens and Williamsburg Counties. 

In Laurens and Williamsburg Counties the elections provided for in § 21-914 
shall he ordered by the county board of education upon the petition of the trustees 
of any school district in the counties. 

1942 Code § 5330; 1932 Code § 5356; Civ. C. '22 § 2603; Civ. C. '12 § 1742; Civ. C. 
'02 § 1208; 1896 (22) 162; 1900 (23) 364; 1903 (24) 64; 1906 (25) 111; 1907 (25) 631; 
1910 (26) 742; 1915 (29) 100; 1917 (30) 382; 1920 (31) 727, 1084; 1923 (33) 773; 1924 
(33) 988; 1925 (34) 157; 1930 (36) 1126; 1934 (38) 1591; 1947 (45) 120, 201; 1952 (47) 
1842. 

Effect of amendment. — Formerly New- 
berry County was included in this section. 

§ 21-916. Maximum rate in Horry County. 

Repealed by A. & J. R. 1952 (47) 1905. 
Cross reference. — See now § 21-3051. 

§ 21-933. Reductions in Greenville County. 

Repealed by A. & J. R. 1952 (47) 2088. 
Cross reference. — See now § 21-2830. 

Article 4. 
Claims against School Funds. 

§ 21-953.1. Same; in Laurens County School Districts Nos. 55 and 56. 

Provisions from A. & J. R. 1953 (48) 259 make up this section. 

Article 6. 
State School Bonds. 
§ 21-995. Authority to issue. 

Article is constitutional. — The General of the State; and the State school bonds 

Appropriation Act of 1951, from which which are authorized will, when issued, 

this article was codified, is a valid enact- constitute obligations of the tenor and 

ment of the General Assembly; the re- terms set forth in the act. State v. Byrnes, 

tail sales and use tax therein imposed 219 S. C. 485, 66 S. E. (2d) 33 (1951). 
is a proper exercise of the taxing power 

§ 21-996. Limits on aggregates of such indebtedness. 

The aggregate principal indebtedness on account of bonds issued to obtain funds 
to make advances to the school districts or operating units of the several counties, 
after deducting that part of any sinking fund applicable to the retirement of bonds 
issued for such purpose, shall never exceed one hundred million dollars. * * * 

1951 (47) 546; 1954 (48) 1530. 

Effect of amendment. — The amendment lars". Section other than above portion re- 
changed "seventy-five million dollars" in mains effective, 
first paragraph to "one hundred million dol- 

§ 21-998. When bonds to be issued. 

Section does not violate constitutional aration of the legislative, executive and 
provision for separation of powers. — S. C. judicial branches of the government, is not 
Const., Art. 1, § 14, which specifies sep- violated by the provisions of this section 

17 



§ 21-999.5 Cods of Laws of South Carolina § 21-1000.203 

whereby the Governor and State Treas- ceeds of the retail sales tax. State v. 
urer are authorized to issue bonds on the Byrnes, 219 S. C. 485, 66 S. E. (2d) 33 
basis of Commission estimates of the pro- (1951). 

§ 21-999.5. Execution of bonds. 

All State school bonds issued under this article shall be signed by the Governor 
and the State Treasurer. In the instance of the Governor he may sign such ob- 
ligations by a facsimile of his signature. The great seal of the State shall be af- 
fixed to, impressed or reproduced upon each of them and each shall be attested 
by the Secretary of State. The coupons attached to the State school bonds shall 
be authenticated by a facsimile signature of the State Treasurer who is in office 
on the date of such State school bonds. The delivery of the State school bonds 
so executed and authenticated shall be valid notwithstanding any changes in offi- 
cers or seal occurring after such execution or authentication. 

1951 (47) 546; 1953 (48) 197. 

Effect of amendment. — The amendment the provision that the great seal of the 
added the provision that the Governor State might be reproduced on the bonds, 
could sign by facsimile signature and also 

§ 21-999.6. Pledge of credit and revenues for payment of bonds. 

Failure to allocate surplus revenue does Byrnes, 219 S. C. 485, 66 S. E. (2d) 33 
not render sales tax invalid. — State v. (1951). 

§ 21-999.7. When pledge not to prevent decrease in sales tax. 

Quoted in State v. Byrnes, 219 S. C. 
485, 66 S. E. (2d) 33 (1951). 

Article; 9. 

Bonds of Spartanburg County ScJiool District No. 2 in Cherokee and Spartanburg 

Counties. 

§ 21-1000.200. Authority to issue. 

The trustees of Spartanburg County School District No. 2, composed of an area 
lying in Spartanburg and Cherokee Counties may sell coupon bonds of the school 
district to an amount such that the net bonded indebtedness at no time shall exceed 
eight percent of the last assessed valuation or the current assessed valuation of the 
school district as composed April 12 1954 for the purpose of building and equip- 
ping school buildings. 

1953 (48) 165; 1954 (48) 1849. 

Effect of amendment. — The amendment 
added area lying in Cherokee County and 
fixed time of composition of the district. 

§ 21-1000.201. Maturity of bonds; interest; denominations. 

Any bonds issued pursuant to this article shall mature not more than ten years 
from date thereof, shall bear interest from date at rate not exceeding four percent 
per annum, payable annually or semi-annually, as the trustees may elect, and 
shall be in such denominations as the trustees may elect. 

1953 (48) 165. 

§ 21-1000.202. Execution of bonds. 

Such bonds shall be signed and executed by the trustees of such district but any 
coupons attached thereto may be lithographed or engraved with the facsimile sig- 
nature of the members of the board of trustees. 

1953 (48) 165. 

§ 21-1000.203. Validity; pledge of credit for payment of bonds. 

The bonds when executed shall constitute binding obligations of the district in 
Spartanburg County and that area of the district lying in Cherokee County, and 
the full faith, credit and taxing power of the district are hereby irrevocably pledged 
for the payment thereof. 

1953 (48) 165; 1954 (48) 1849. 

Effect of amendment. — The amendment 
added area in Cherokee County. 

18 



§ 21-1000.204 1954 Cumulative Supplement § 21-1011 

§ 21-1000.204. Levy taxes pay bonds. 

There shall be levied and collected annually upon all the taxable property in 
the district, by officials of Cherokee and Spartanburg Counties charged with the 
levying and collection of taxes, a tax adequate and sufficient to meet the interest 
on any bonds issued hereunder and to pay the principal of same as they mature. 
The treasurer of Cherokee County shall deliver to the treasurer of Spartanburg 
County all monies collected under the levy provided for herein in Cherokee County, 
and the treasurer of Spartanburg County shall pay the interest and principal of 
the bonds and coupons as the same severally become due according to the terms 
thereof. 

1953 (48) 165; 1954 (48) 1849. 

Effect of amendment. — The amendment 
added Cherokee County and fixed duties of 
its treasurer. 

§ 21-1000.205. Exemption from taxes. 

Any bonds issued hereunder shall be nontaxable. 
1953 (48) 165. 

§ 21-1000.206. Payment of expenses. 

The expense of issue and sale shall be paid out of the proceeds of the sale of 
the bonds. 

1953 (48) 165. 

Article 10. 

Spartanburg County School Districts Nos. 1 and 3 Bonds. 
§ 21-1000.210. Authority to issue, etc. 

Provisions of A. & J. R. 1953 (48) 1255 and A. & J. R. 1954 (48) 2502 make up 
this article. 

CHAPTER 16. 
Abbeville County, 

Sec. Sec. 

21-1001.1. Board of education. 21-1011. Trustees of School District No. 60. 

21-1003. Administrative superintendent of 
the county school system. 

§ 21-1001.1. Board of education. 

In Abbeville County the board of education shall be composed of eight members 
who shall be appointed by the Governor upon the recommendation of the Senator 
and at least one-half of the members of the House of Representatives from the 
county, who shall serve as provided in § 21-101. 

1954 (48) 1433. 

§ 21-1003. Administrative superintendent of the county school system. 

Provisions of A. & J. R. 1953 (48) 114 make up this section. 

§ 21-1011. Trustees of School District No. 60. 

Provisions of A. & J. R. 1952 (47) 1702, as amended by A. & J. R. 1953 (48) 
16, make up this section. 



19 



§ 21-1031 Code of Laws of South Carolina § 21-1068 

CHAPTER 17. 

Aiken County. 

Article 1. Article 4. 

County Board of Education. School Districts and School Trustees. 

Sec. Sec. 

21-1031. Composition. 21-1062 to 21-1067. [Repealed.] 

21-1032. Conduct and expense of election. . 

21-1034. Officers; meetings; compensation. Article 5. 

21-1035.1. County board to act as school Aiken School District No. 1. 

trustees; power to borrow; 21-1081 to 21-1085. [Repealed.] 
area boards of education; at- 
tendance area budgets. 

Article 1. 
County Board oj Education. 
§ 21-1031. Composition. 

Amended by A. & J. R. 1953 (48) 229. 

§ 21-1032. Conduct and expense of election. 

Amended by A. & J. R. 1953 (48) 229. 

§ 21-1034. Officers; meetings; compensation. 

Amended by A. & J. R. 1954 (48) 1758. 

§ 21-1035.1. County board to act as school trustees; power to borrow; area 
boards of education ; attendance area budgets. 

Provisions from A. & J. R. 1952 (47) 2101 make up this section. 

Article 3. 
Disbursements, Budgets and Levies. 
§ 21-1053. Special taxes to provide extra funds for school districts. 

Editor's note. — There is now only one 
school district in Aiken County. 

§ 21-1054. Credits to school districts. 

Editor's note. — There is now only one 
school district in Aiken County. 

§ 21-1055. Disbursements. 

Editor's note. — There is now only one 1035.1 as to required approval by area 
school district in Aiken County. See § 21- boards of education. 

Article 4. 
School Districts and School Trustees. 
§ 21-1061. Nine school districts. 

Editor's note. — All school districts in 
Aiken County have been consolidated into 
one. 

§§ 21-1062 to 21-1067. Tax on added territory for bonds; school district trus- 
tees. 

Repealed by A. & J. R. 1952 (47) 2101. 
Cross reference. — See now § 21-1035.1. 

§ 21-1068. Special provisions for certain schools. 

Editor's note. — See § 21-1035.1 permit- the education committees established under 

ting the county board of education to es- § 21-1068. Also there is now only one 

tablish area boards of education. If es- school district in Aiken County, 
tablished they would appear to supersede 

20 



1954 Cumulative Supplement § 21-1109 

§ 21-1069. Straightening 1 lines of school districts. 

Editor's note. — There is now only one 
school district in Aiken County. 

Article 5. 

Aiken School District No. 1. 

§§ 21-1081 to 21-1085. Aiken School District No. 1. 
Repealed by A. & J. R. 1952 (47) 2101. 
Cross reference. — See now § 21-1035.1. 

§ 21-1086. Trustees may declare teacher or employee secondary. 

Editor's note. — This section was appli- all districts in Aiken County having been 
cable only to Aiken School District No. 1 consolidated into the School District of 
and there is no longer any such district, Aiken County. 

§ 21-1087. Secondary teachers or employees to remain such for life. 

Editor's note. — This section was appli- all districts in Aiken County having been 
cable only to Aiken School District No. 1 consolidated into the School District of 
and there is no longer any such district, Aiken County. 

§ 21-1088. Pay of secondary teacher or employee. 

Editor's note. — This section was appli- all districts in Aiken County having been 
cable only to Aiken School District No. 1 consolidated into the School District of 
and there is no longer any such district, Aiken County. 

CHAPTER 18. 

Allendale County. 

Article 1. Sec. 

General Provisions. 21-1101 to 21-1104. [Repealed.] 

Sec. 21-1105. [Repealed.] 

21-1100. Election of trustees of the school 21-1106. School district budgets and levy 
district. of taxes therefor. 

Article 1. 
General Provisions. 

§ 21-1100. Election of trustees of the school district. 

Provisions of A. & J. R. 1953 (48) 293 make up this section. 

§§ 21-1101 to 21-1104. Election of school district trustees ; vacancies. 

Repealed by A. & J. R. 1953 (48) 293. 
Cross reference. — See now § 21-1100. 

§ 21-1105. Levies for school purposes. 
Repealed by A. & J. R. 1952 (47) 2092. 
Cross reference. — See now § 21-1106. 

§ 21-1106. School district budgets and levy of taxes therefor. 

Provisions of A. & J. R. 1952 (47) 2092 make up this section. 

Editor's note. — There is now only one 
school district in Allendale County. See § 
21-1100. 

§ 21-1107. Use of surplus in current operating account for bonds or interest. 

Editor's note. — There is now only one 
school district in Allendale County. 

§ 21-1108. Use of surplus for other purposes. 

Editor's note. — There is now only one 
school district in Allendale County. 

§ 21-1109. Investment of funds. 

Editor's note. — There is now only one 
school district in Allendale County. 

21 



§ 21-1121 Code; of Laws of South Carolina § 21-1180 

Article 2. 

Borrowing from Federal Agencies. 

§§ 21-1121 to 21-1127. Borrowing by school districts from Federal agencies. 

Editor's note. — There is now only one 
school district in Aiken County. 

CHAPTER 19. 

Anderson County. 

Article 1. Article 3. 

County Board and County Superintendent. Boards of Trustees. 

Sec. Sec. 

21-1152. [Repealed.] 21-1191.1. Number and appointment or 

election of trustees. 
Article 2. 
School Districts; Attendance; Tuition; Article 5. 

Facilities. Financial Matters Generally. 

21-1173. Special elections for consolidating 21-1227. Levy for libraries in School Dis- 
districts. trict No. 5. 

21-1228. Disbursement of funds, School 
District No. 5. 

Article 1. 
County Board and County Superintendent. 

§ 21-1152. Board members serve without pay. 

Repealed by A. & J. R. 1952 (47) 1910. 

Article 2. 
School Districts; Attendance; Tuition; Facilities. 
§ 21-1171. High school districts. 

Editor's note. — There are now only five 
school districts in Anderson County. 

§ 21-1172. Board may renumber districts. 

Editor's note. — There are now only five 
school districts in Anderson County. 

§ 21-1173. Special elections for consolidating districts. 

Amended by A. & J. R. 1952 (47) 1915. 

§ 21-1174. Consolidation of school district with high school district. 

Editor's note. — There are now only five 1183 would appear to have been superseded 
school districts in Anderson County and by the consolidation effected, 
much of the material in §§ 21-1174 to 21- 

§ 21-1175. Common school district ceases on being consolidated. 

Cross reference. — See note to § 21-1174. 

§ 21-1176. Pupils of certain districts to attend certain high schools. 

Cross reference. — See note to § 21-1174. 

§ 21-1177. Same; exception. 

Cross reference. — See note to § 21-1174. 

§ 21-1178. Tuition school districts to pay high school district for high school 
pupils. 

Cross reference. — See note to § 21-1174. 

§ 21-1179. Tuition high school pupil to pay to attend school of his choice. 
Cross reference. — See note to § 21-1174. 

§ 21-1180. Tuition elementary pupil to pay to attend school of his choice. 

Cross reference. — See note to § 21-1174. 

22 



§ 21-1183 1954 Cumulative Supplement § 21-1227 

§ 21-1183. School districts to file annual reports with board of education. 

Cross reference. — See note to § 21-1174. 

Article 3. 
Boards of Trustees. 

§ 21-1191.1. Number and appointment or election of trustees. 

Provisions from A. & J. R. 1952 (47) 2088 make up this section. 

§ 21-1192. Number of high school district trustees. 

Editor's note. — There are only five and apparently no "high school districts" 
school districts in Anderson County now as such. 

§ 21-1193. Election and term of high school trustees. 

Editor's note. — There are only five and apparently no "high school districts" 
school districts in Anderson County now as such. 

§ 21-1194. Common school district trustees; terms. 

Editor's note. — There are only five and apparently no "common school dis- 
school districts in Anderson County now tricts" as such. 

§ 21-1195. Election of common school trustees. 

Editor's note. — There are only five and apparently no "common school dis- 
school districts in Anderson County now tricts" as such. 

§ 21-1196. Qualifications of trustees. 

Editor's note. — There are apparently no districts" in Anderson County now but 
"common school districts" or "high school only five "school districts." 

§ 21-1197. Boards to elect chairman. 

Editor's note. — There are apparently no districts" in Anderson County now but 
"common school districts" or "high school only five "school districts." 

§ 21-1198. Vacancies in boards of trustees. 

Editor's note. — There are apparently no districts" in Anderson County now but 
"common school districts" or "high school only five "school districts." 

Article 4. 
Elections. 
§ 21-1215. Payment of election expenses. 

Editor's note. — There are now only five districts" or "common school districts" as 
school districts in Anderson County and such. 
apparently none of them are "high school 

Article 5. 

Financial Matters Generally. 

§ 21-1224. Levy in Anderson County for high school districts caring for in- 
dependent district pupils. 

Editor's note. — There are now only five districts" or "common school districts" as 
school districts in Anderson County and such, 
apparently none of them are "high school 

§ 21-1226. Additional levy in Piedmont School District No. 23. 

Editor's note. — This school district no son County having been consolidated in- 
longer exists, all school districts in Ander- to five districts numbered from 1 to 5. 

§ 21-1227. Levy for libraries in School District No. 5. 

Provisions of A. & J. R. 1953 (48) 480 make up this section. 

Editor's note. — A. & J. R. 1953 (48) 480 such districts for the support of libraries, 
authorized a special election in School The levy failed to carry in School Dis- 
Districts Nos. 2 and 5 to determine trict No. 2 but was carried in School Dis- 
whether an annual levy should be made in trict No. 5. 

23 



§ 21-1228 Code; of Laws of South Carolina § 21-1453 

§ 21-1228. Disbursement of funds, School District No. 5. 
Provisions of A. & J. R. 1953 (48) 481 make up this section. 

Article 6. 
Sinking Fund Commissions for School Districts. 
§ 21-1236. School District No. 17 exempted. 

Editor's note. — This school district no son County having been consolidated in- 
longer exists, all school districts in Ander- to five districts numbered from 1 to 5. 

CHAPTER 21. 

Barnwell County. 
Sec. 

21-1352. Trustees of District No. 45 to be 
appointed. 

§ 21-1352. Trustees of District No. 45 to be appointed. 

Provisions from A. & J. R. 1952 (47) 1845 make up this section. 

CHAPTER 22. 
Beaufort County. 

Sec. 

21-1422.1. Allocation of State school build- 
ing funds; county unit sys- 
tem. 

§ 21-1422.1. Allocation of State school building- funds; county unit system. 
Provisions of A. & J. R. 1953 (48) 232 make up this section. 

CHAPTER 23. 

Berkeley County. 

Article 1. Article 4. 

General Provisions. Bonneau High School District. 

Sec. Sec. 

21-1453. Administrative areas; trustees 21-1491, 21-1492. [Repealed.] 

thereof; school budgets. 

21-1454. [Repealed.] Article 5. 

21-1456. Contracts of teachers et al. Cross High School District. 

21-1459. [Repealed.] 21-1501 to 21-1503. [Repealed.] 

21-1461, 21-1462. [Repealed.] . . , c 

Article 6. 

Article 2. Macedonia High School District. 

Election of School Trustees. 21-1511, 21-1512. [Repealed.] 



21-1471 to 21-1473. [Repealed.] 

Article 3. 
Trustees in Certain Dis 

21-1481 to 21-1484. [Repealed.] 



Article 7. 
Article 3. St. Stephens High School District. 

Trustees in Certain Districts. 21-1521 to 21-1524. [Repealed.] 

Article 8. 
School District No. 26. 

21-1531. [Repealed.] 



Article 1. 
General Provisions. 
§ 21-1453. Administrative areas; trustees thereof; school budgets. 

Provisions from A. & J. R. 1952 (47) 2151, as amended by A. & J. R. 1953 (48) 
288, make up this section. 

24 



§ 21-1454 1954 Cumulative Supplement § 21-1524 

§ 21-1454. Employment of teachers and other employees. 

Repealed by A. & J. R. 1952 (47) 2151. 
Cross reference. — See now § 21-1453. 

§ 21-1456. Contracts of teachers et al. 

Amended by A. & J. R. 1952 (47) 2151. 

§ 21-1459. Enrollment of school children. 

Repealed by A. & J. R. 1952 (47) 2151. 
Cross reference. — See now § 21-1453. 

§§ 21-1461, 21-1462. School budgets and annual tax. 

Repealed by A. & J. R. 1952 (47) 2151. 
Cross reference. — See now § 21-1453. 

Article 2. 
Election of School Trustees. 

§§ 21-1471 to 21-1473. Election; vacancy. 

Repealed by A. & J. R. 1952 (47) 2151. 
Cross reference. — See now § 21-1453. 

Article 3. 
Trustees in Certain Districts. 

§§ 21-1481 to 21-1484. Appointment or election; term; vacancies. 

Repealed by A. & J. R. 1952 (47) 2151. 
Cross reference. — See now § 21-1453. 

Article 4. 
Bonncau High School District. 

§§ 21-1491, 21-1492. Creation; trustees. 

Repealed by A. & J. R. 1952 (47) 2151. 
Cross reference. — See now § 21-1453. 

Article 5. 

Cross High School District. 

§§ 21-1501 to 21-1503. Creation; privileges; trustees. 
Repealed by A. & J. R. 1952 (47) 2151. 
Cross reference. — See now § 21-1453. 

Article 6. 
Macedonia High School District. 

§§ 21-1511, 21-1512. Creation; trustees. 

Repealed by A. & J. R. 1952 (47) 2151. 
Cross reference. — See now § 21-1453. 

Article 7. 
St. Stephens High School District. 

§§ 21-1521 to 21-1524. Creation and trustees. 

Repealed by A. & J. R. 1952 (47) 2151. 
Cross reference. — See now § 21-1453. 

25 



21-1531 



Code of Laws of South Carolina 



§ 21-1729 



Article 8. 
School District No. 26. 
§ 21-1531. Created; corporate powers; trustees. 
Repealed by A. & J. R. 1952 (47) 2151. 
Cross reference. — See now § 21-1453. 

CHAPTER 24. 
Calhoun County. 

Sec. Sec. 

21-1552. Trustees for School Districts Nos. 21-1553. [Repealed.] 
1 and 2. 

§ 21-1552. Trustees for School Districts Nos. 1 and 2. 

Provisions from A. & J. R. 1952 (47) 1997 as amended by A. & J. R. 1954 (48) 
1843 make up this section. 

§ 21-1553. Cameron-Lone Star Centralized High School District No. 2-H. 

Repealed by A. & J. R. 1954 (48) 1843. 
Cross reference. — See now § 21-1552. 



CHAPTER 25. 
Charleston County. 



Sec. 

21-1636.1. 



Article 4. 
School Trustees. 



Trustees of St. Paul's School 
District No. 23, St. John's 



School District No. 9, Moult- 
rie School District No. 2 and 
St. James Santee School Dis- 
trict No. 1. 



Article 4. 
School Trustees. 

§ 21-1636.1. Trustees of St. Paul's School District No. 23, St. John's School 
District No. 9, Moultrie School District No. 2 and St. James 
Santee School District No. 1. 
Provisions from A. & J. R. 1952 (47) 2085 make up this section. 



CHAPTER 26. 
Cherokee County. 

Article 1. 
General Provisions. 
§ 21-1703. Blacksburg Grammar School District No. 9. 

Editor's note. — There is no longer any 
such district, the district of that name 
having been consolidated with others. 

Article 3. 
School District No. 
§§ 21-1721 to 21-1729. School District No. 10. 

Editor's note. — There is no longer any named 
such school district, the former district so others. 



10. 



having been consolidated with 



26 



§ 21-1741 



1954 Cumulative Supplement 



§ 21-1801 



Article 4. 
Gaffney High School District No. 11. 
§§ 21-1741 to 21-1748. Gaffney High School District No. 11. 

Editor's note. — There is no longer any Transfer of property to high school dis- 

such school district, the former district so trict was constitutional. — See Nesbitt v. 

named having been consolidated with Gettys, 219 S. C. 221, 64 S. E. (2d) 651 

others. (1951). 



Article 5. 
Blacksburg High School District. 
§§ 21-1761 to 21-1763. Blacksburg High School District. 



Editor's note. — There is no longer any 
such school district, the former district so 



named 
others. 



having been consolidated with 



Article 6. 
Limestone School District No. 19. 
§§ 21-1771 to 21-1774. Limestone School District No. 19. 

Editor's note. — There is no longer any 
such district, the former district so named 
having been consolidated with others. 



CHAPTER 27. 
Chester County. 



§ 21-1801. School districts consolidated 

The purpose of the consolidation of the 

school districts of Chester County was to 
relieve the county, as such, of the indebt- 
edness of its several former school dis- 
tricts and transfer such indebtedness to 
the School District of Chester County, so 
that a proposed issue of hospital bonds 
by the county would not cause it to ex- 
ceed the constitutional debt limit. Tin- 
dall v. Byars, 217 S. C. 1, 59 S. E. (2d) 
337 (1950). 

Consolidation held constitutional. — The 
act [1950 (46) 1813] from which §§ 21- 
1801, 21-1802, 21-1804 and 21-1815 were 
codified, consolidating the several school 
districts of Chester County into the School 
District of Chester County, is a valid en- 
actment. It was authorized by S. C. 
Const., Art. 11, § 5, and did not violate 
subdivisions IV and IX of S. C. Const., 
Art. 3, § 34. Nor did the act, in provid- 
ing for the assumption by the consolidated 
school district of the indebtedness of the 
old school districts, formerly assumed by 
the county, impair the obligations of con- 
tracts. Tindall v. Byars, 217 S. C. 1, 59 
S. E. (2d) 337 (1950). 



Indebtedness of former school districts 
has been lawfully assumed by new dis- 
trict. — The indebtedness of the several 
school districts, formerly existing in Ches- 
ter County, has been lawfully assumed 
by the School District of Chester County, 
and is to be paid by the new consolidated 
school district. Tindall v. Byars, 217 S. 
C. 1, 59 S. E. (2d) 337 (1950). 

And is not to be included in calculat- 
ing indebtedness of Chester County. — 
The School District of Chester County, 
not Chester County, is chargeable with 
the indebtedness incurred by the former 
separate districts, formerly assumed by 
Chester County, and the latter's indebt- 
edness is to be calculated without inclu- 
sion of the school district debt. The 
county and the consolidated school dis- 
trict are separate and distinct corporate 
entities of coincidental and coextensive 
areas. They are separately subject to the 
constitutional debt limitation. Tindall v. 
Byars, 217 S. C. 1, 59 S. E. (2d) 337 
(1950). 



27 



§ 21-1851 Code of Laws op South Carolina § 21-1902 

CHAPTER 28. 

Chesterfield County. 

Article 1. Article 3. 

Board of Education Generally. School Districts Generally. 

Sec. Sec. 

21-1851. Election and term. 21-1901. Annual meeting of electors. 

21-1852. Vacancy. 21-1901.1. [Unconstitutional.] 

21-1901.2. Trustees of consolidated districts. 
Article 2. 21-1902. Removal. 

Financial Matters Generally. 
21-1882.1. County board of education equa- 
lization tax. 

Article 1. 
Board of Education Generally. 
§ 21-1851. Election and term. 

Amended by A. & J. R. 1954 (48) 1564. 

§ 21-1852. Vacancy. 

Amended by A. & J. R. 1954 (48) 1564. 

Article 2. 
Financial Matters Generally. 
§ 21-1882.1. County board of education equalization tax. 

Provisions from A. & J. R. 1952 (47) 2110 make up this section. 

Article 3. 
School Districts Generally. 
§ 21-1901. Annual meeting of electors. 

The board of education of Chesterfield County shall before March 1st each year 
call a meeting of the electors of each school district in the county, which shall be 
duly advertised. At such meeting the electors attending shall organize as a mass 
meeting and consider their school needs. 

1942 Code § 5558; 1936 (39) 1637; 1954 (48) 1532. 

Effect of amendment. — The amendment last paragraph. Last paragraph eliminated 
eliminated all of section except above and due district mentioned being consolidated. 

§ 21-1901.1. Trustees of consolidated districts. 

Provisions from A. & J. R. 1952 (47) 2111 made up this section, however they 
were held unconstitutional and section thus is ineffective. 

Cross reference. — See now § 21-1901.2 grants an unconstitutional preference to 
for election, etc. of school trustees. women in the election of school trustees. 
Editor's note. — A & J. R. 1952 (47) 2111 The unconstitutional provisions are not 
was held unconstititional in Lee v. Clark, separable from the remainder of the act, 
224 S. C. 138, 77 S. E. (2d) 485 (1953). and the act is thus rendered void in its en- 
Section is unconstitutional. — The act tirety. Lee v. Clark, 224 S. C. 138, 77 S. 
[1952 (47) 2111] constituting this section E. (2d) 485 (1953). 

§ 21-1901.2. Trustees of consolidated districts. 

Provisions from A. & J. R. 1954 (48) 1532 make up this section. 

§ 21-1902. Removal. 

The county board may at any time remove a district trustee for cause. 
1942 Code § 5558; 1936 (39) 1637; 1954 (48) 1532. 

Effect of amendment. — The amendment last paragraph, which is omitted as the dis- 
eliminated all of section except above and trict mentioned consolidated. 

28 



§ 21-1971 1954 Cumulative Supplement § 21-2081 

Article 7. 
Chesterfield School District No. 18. 
§§ 21-1971 to 21-1978. Chesterfield School District No. 18. 

Editor's note. — There is no longer any 
such district, the former district so named 
having been consolidated with others. 

Article 8. 
Jefferson Centralized High School District. 
§§ 21-1991 to 21-1993. Jefferson Centralized High School District. 

Editor's note. — There is no longer any 
such district, the former district so named 
having been consolidated with others. 

Article 9. 
McBee Centralized High School District No. 16. 
§§ 21-2001 to 21-2008. McBee Centralized High School District No. 16. 

Editor's note. — There is no longer any 
such district, the former district so named 
having been consolidated with others. 

Article 10. 
Pagcland Centralized High School District. 
§§ 21-2021 to 21-2025. Pageland Centralized High School District. 

Editor's note. — There is no longer any 
such district, the former district so named 
having been consolidated with others. 

CHAPTER 29. 

Clarendon County. 

Article 1. Article 4. 

General Provisions. School District No. 2. 

Sec. ^ Sec. 

21-2059. Annual audit for each school dis- 21-2091. Maximum tax levy for operation, 
trict. 

Article 3. 
East Clarendon District No. 3. 
21-2081. Election of trustees, etc. 

Article 1. 
General Provisions. 
§ 21-2059. Annual audit for each school district. 

The county board of education shall appoint a qualified auditor annually for each 
of the school districts in Clarendon County, which audit shall be filed with the 
clerk of court. The cost of such audit shall be charged to each school district. 

1954 (48) 2052. 

Article 3. 

East Clarendon District No. 3. 
§ 21-2081. Election of trustees, etc. 

Provisions of A. & J. R. 1953 (48) 76 make up this section. 



VOLUME 3 29 



§ 21-2091 Code oe Laws oe South Carolina § 21-2302 

Article 4. 
School District No. 2. 
§ 21-2091. Maximum tax levy for operation. 

The operating millage for School District No. 2 shall not exceed thirty-five mills. 
1954 (48) 2049. 

CHAPTER 30. 

Colleton County. 

Sec. Sec. 

21-2179.1. Election and term of office of 21-2187. [Repealed.] 

school trustees; vacancies. 21-2190. Funds from State building pro- 
21-2184. [Repealed.] gram and Federal assistance. 

21-2186.1. Disbursement of school funds. 

§ 21-2179.1. Election and term of office of school trustees ; vacancies. 

Provisions from A. & J. R. 1952 (47) 2037 make up this section. 

§ 21-2184. Taxes for school expenses; building fund. 

Repealed by A. & J. R. 1954 (48) 2062. 

§ 21-2186.1. Disbursement of school funds. 

Provisions of A. & J. R. 1952 (47) 2039 make up this section. 

§ 21-2187. Warrants. 

Repealed by A. & J. R. 1952 (47) 2039. 
Cross reference. — See now § 21-2186.1. 

§ 21-2190. Funds from State building program and Federal assistance. 

Provisions of A. & J. R. 1953 (48) 152 make up this section. 

CHAPTER 31. 

Darungton County. 

Article 1. Article 5. 

Board of Education. Aid for Weak Schools. 

Sec. Sec. 

21-2254.1. School tax levy. 21-2301, 21-2302. [Repealed.] 

ARTICLE 1. 
Board of Education. 
§ 21-2254.1. School tax levy. 

Provisions of § 1, A. & J. R. 1952 (47) 2024 make up this section. 

Article 5. 
Aid for Weak Schools. 
§§ 21-2301, 21-2302. Aid for weak schools. 

Repealed by A. & J. R. 1952 (47) 2024. 
Cross reference. — See now § 21-2254.1. 



30 



§ 21-2354 1954 Cumulative Supplement § 21-2436 

CHAPTER 32. 

Dillon County. 

Article 1. Article 3.1. 

County Superintendent, County Board Centralized School Districts, 

and School Trustees. Sec. 

Sec. 21-2400. Centralized school districts. 

21-2354. County board; appointment, term, 
powers, etc. 



Article 4. 
High School Districts. 
Article 3. 21-2401 to 21-2411. [Repealed.] 



School Expenditures. 

21-2385. Approval and form of claim 
21-2385.1. Processing, payment and rejec 



Article 6. 
Lake View Centralized High School 

21-2431 to 21-2436. [Repealed.] 



Article 1. 
County Superintendent, County Board and School Trustees. 
§ 21-2354. County board ; appointment, term, powers, etc. 

Provisions of A. & J. R. 1953 (48) 1 make up this section. 

Article 3. 
School Expenditures. 
§ 21-2385. Approval and form of claim. 

Amended by A. & J. R.' 1954 (48) 1820. 

§ 21-2385.1. Processing, payment and rejection of claims. 

Provisions of § 2 of A. & J. R. 1954 (48) 1820 make up this section. 

Article 3.1. 
Centralized School Districts. 
§ 21-2400. Centralized school districts. 

Provisions from A. & J. R. 1952 (47) 1719 make up this section. 

Article 4. 
High School Districts. 
§§ 21-2401 to 21-2411. High school districts. 
Repealed by A. & J. R. 1952 (47) 1719. 
Cross reference. — See now § 21-2400. 

Article 6. 

Lake View Centralized High School District and Hillsboro No. 23. 

§§ 21-2431 to 21-2436. Lake View Centralized High School District and Hills- 
boro No. 23. 

Repealed by A. & J. R. 1952 (47) 1719. 
Cross reference. — See now § 21-2400. 






31 



§ 21-2531 Code of Laws of South Carolina § 21-2619 

CHAPTER 33. 

Dorchester County. 

Article 2. Sec. 

Taxes in Certain Districts. 21-2540. Levy in Summerville School Dis- 

Sec. trict No. 2. 

21-2539. Levy in St. George School Dis- 21-2541. Levy in Harleyville-Ridgeville 

trict No. 1. School District No. 3. 

Article 2. 
Taxes in Certain Districts. 
§§ 21-2531 to 21-2538. Levies in certain named districts. 

Editor's note. — It would appear that all a total of three districts for the county 
of these sections have been repealed by the and by the enactment of §§ 21-2539 to 21- 
consolidation of the various districts into 2541. 

§ 21-2539. Levy in St. George School District No. 1. 

Provisions of A. & J. R. 1953 (48) 234 make up this section. 

§ 21-2540. Levy in Summerville School District No. 2. 
Provisions of A. & J. R. 1953 (48) 235 make up this section. 

§ 21-2541. Levy in Harleyville-Ridgeville School District No. 3. 

Provisions of A. & J. R. 1953 (48) 234 make up this section. 

CHAPTER 34. 
Edgefield County. 
§ 21-2552. Tax for Bacon School District. 

Editor's note. — There is no longer any 
such district, all districts in the county 
having been consolidated into one. 

§ 21-2553. Trustees of Central School District. 

Editor's note. — There is no longer any 
such district, all districts in the county 
having been consolidated into one. 

§ 21-2554. Edgefield School District. 

Editor's note. — There is no longer any 
such district, all districts in the county 
having been consolidated into one. 

§ 21-2555. Johnston School District. 

Editor's note. — There is no longer any 
such district, all districts in the county 
having been consolidated into one. 

CHAPTER 35. 

Fairfield County. 

Sec. Sec. 

21-2571. The School District of Fairfield 21-2578 to 21-2619. [Repealed.] 
County. 

§ 21-2571. The School District of Fairfield County. 

Provisions of A. & J. R. 1952 (47) 2008, as amended by A. & J. R. 1953 (48) 
63, make up this section. 

§§ 21-2578 to 21-2619. County board of education, budget, purchases, county 

superintendent, tax levies, bonds, etc. 
Repealed by A. & J. R. 1952 (47) 2008. 
Cross reference. — See now § 21-2571. 

32 



§ 21-2651 1954 Cumulative Supplement § 21-2774 

CHAPTER 36. 

Florence County. 

Sec. Sec. 

21-2651. [Repealed.] ets and fix levies; election of 

21-2652. County board of education. trustees. 

21-2653. Number and terms of scbool dis- 21-2653.2. Trustees prepare budgets annual- 

trict trustees. ly; approval. 

21-2653.1. Annual meetings of citizens to 21-2655. Abandoned scbool buildings, 

pass on school district budg- 21-2657. [Repealed.] 

§ 21-2651. County board of education. 

Repealed by A. & J. R. 1952 (47) 1710. 
Cross reference. — See now § 21-2652. 

§ 21-2652. County board of education. 

Provisions from A. & J. R. 1952 (47) 1710 make up this section. 

§ 21-2653. Number and terms of school district trustees. 

Provisions from A. & J. R. 1952 (47) 1707 and A. & J. R. 1954 (48) 1804 make 
up this section. 

§ 21-2653.1. Annual meetings of citizens to pass on school district budgets 
and fix levies ; election of trustees. 

Provisions of A. & J. R. 1952 (47) 2001 make up this section. 

§ 21-2653.2. Trustees prepare budgets annually; approval. 

Provisions of § 3 of A. & J. R. 1954 (48) 2127 make up this section. 

§ 21-2655. Abandoned school buildings. 

Provision of A. & J. R. 1953 (48) 261 make up this section. 

Cross reference. — As to abandoned school 
buildings of consolidated districts, see §§ 
21-330 et seq. 

§ 21-2657. Levy and collection of school district taxes. 

Repealed by A. & J. R. 1952 (47) 2001. 
Cross reference. — See now § 21-2653.1. 

CHAPTER 37. 
Georgetown County. 

Article 4. 
Financial Matters. 
§ 21-2774. Funds received from game warden. 

Editor's note. — The position of "county 
game warden" was abolished by A. & J. R. 
1952 (47) 2890. 

CHAPTER 38. 
GreenvielE County. 

Sec. Sec. 

21-2802. Trustees of Greenville County budget; transfer of surplus bond 

School District No. 520; elec- funds. 

tion; duties and powers; coun- 21-2831 to 21-2832.1. [Repealed.] 

ty superintendent becomes ad- 21-2833. [Repealed.] 

ministrator of school district. 21-2838. Payment of claims against The 
21-2803. to 21-2805. [Repealed.] School District of Greenville 

21-2830. Annual levy for schools; increase County No. 520. 

or decrease thereof; bond levy; 

33 



§ 21-2802 Code of Laws oe South Carolina § 21-2900 

§ 21-2802. Trustees of Greenville County School District No. 520; election; 
duties and powers; county superintendent becomes adminis- 
trator of school district. 

Provisions from A. & J. R. 1952 (47) 2103, as amended by A. & J. R. 1953 
(48) 409, make up this section. 

§§ 21-2803 to 21-2805. County board of education. 

Repealed by A. & J. R. 1953 (48) 409. 
Cross reference. — See now § 21-2802. 

§ 21-2830. Annual levy for schools ; increase or decrease thereof ; bond levy ; 
budget ; transfer of surplus bond funds. 

Provisions of A. & J. R. 1952 (47) 2088 make up this section. 

§§ 21-2831 to 21-2832.1. Budgets and levies. 

Repealed by A. & J. R. 1952 (47) 2088. 
Cross reference. — See now § 21-2830. 

§ 21-2833. County board fund. 

Repealed by A. & J. R. 1953 (48) 409. 
Cross reference. — See now § 21-2802. 

§ 21-2834. Fees from marriage licenses. 

Editor's note.— The duties of the county School District No. 520 by A. & J. R. 1953 
board of education have been devolved (48) 409. 
upon the trustees of Greenville County 

§ 21-2835. School district may borrow. 

Editor's note.— The duties of the county School District No. 520 by A. & J. R. 1953 
board of education have been devolved (48) 409. 
upon the trustees of Greenville County 

§ 21-2837. Warrants. 

Editor's note.— The duties of the county School District No. 520 by A. & J. R. 1953 
board of education have been devolved (48) 409. 
upon the trustees of Greenville County 

§ 21-2838. Payment of claims against The School District of Greenville 
County No. 520. 

Provisions of A. & J. R. 1952 (47) 1883 and A. & J. R. 1954 (48) 2145 make 
up this section. 

CHAPTER 39. 

Greenwood County. 

Article 1. Article 2. 

School Trustees. School District No. 13. 

Sec. Sec. 

21-2900. Trustees for consolidated school 21-291 1 to 21-2914. [Repealed.] 

district; number, term, election, 

vacancy and qualifications. Article 3. 

21-2901. [Repealed.] School District No. 18. 

21-2921 to 21-2925. [Repealed.] 

Article 1. 

ScJiool Trustees. 

§ 21-2900. Trustees for consolidated school district; number, term, election, 
vacancy and qualifications. 
Provisions from A. & J. R. 1952 (47) 2145, as amended by A. & J. R. 1953 
(48) 363, make up this section. 

34 



§ 21-2901 1954 Cumulative Supplement § 21-3082 

§ 21-2901. Election of trustees. 

Repealed by consolidation of districts and A. & J. R. 1952 (47) 2145. 
Cross reference. — See now § 21-2900. 

Article 2. 
School District No. 13. 
§§ 21-2911 to 21-2914. School District No. 13. 

Repealed by consolidation of districts and A. & J. R. 1952 (47) 2145. 
Cross reference. — See now § 21-2900. 

Article 3. 
School District No. 18. 
§§ 21-2921 to 21-2925. School District No. 18. 

Repealed by consolidation of districts and A. & J. R. 1952 (47) 2145. 
Cross reference. — See now § 21-2900. 

CHAPTER 40. 

Hampton County. 
Article 3. 
Budgets, Notes and Warrants. 

Sec. 

21-2975. Levy to meet budget. 

21-2983. County board budget. 

Article 3. 
Budgets, Notes and Warrants. 
§ 21-2975. Levy to meet budget. 

Amended by A. & J. R. 1953 (48) 270. 

§ 21-2983. County board budget. 

Provisions of A. & J. R. 1953 (48) 296 make up this section. 

CHAPTER 41. 

Horry County. 

Sec. Sec. 

21-3051. County unit system; county board; taxes; expenditures and surplus 

term, appointment and duties; funds; county unit for financing. 

county superintendent; advisory 21-3053 to 21-3082. [Repealed.] 

boards of trustees; budgets and 

§ 21-3051. County unit system; county board; term, appointment and duties; 
county superintendent; advisory boards of trustees; budgets 
and taxes; expenditures and surplus funds; county unit for 
financing. 

Provisions from A. & J. R. 1952 (47) 1905, as amended by A. & J. R. 1953 
(48) 329, make up this section. 

§§ 21-3053 to 21-3082. Use of surplus funds; school trustees; high school 

superintendents and districts; Hickory Hill School 
District No. 38. 

Repealed by A. & J. R. 1952 (47) 1905. 

Cross reference. — See now § 21-3051. 

35 



§ 21-3101 Code; of Laws of South Carouna § 21-3177 

CHAPTER 42. 

Jasper County. 

Sec. Sec. 

21-3101. Consolidated school district; trus- 21-3103, 21-3104. [Repealed.] 

tees thereof; approval of con- 21-3105. Salaries of teachers and officials. 

tracts. 21-3107 to 21-3111. [Repealed.] 

21-3102. Term of county superintendent. 21-3112. Contracts in excess of budget void. 

§ 21-3101. Consolidated school district; trustees thereof; approval of con- 
tracts. 

Provisions from A. & J. R. 1952 (47) 2081 make up this section. 

§ 21-3102. Term of county superintendent. 

Amend by A. & J. R. 1954 (48) 1451. 

§§ 21-3103, 21-3104. School districts and trustees thereof. 
Repealed by A. & J. R. 1952 (47) 2081. 
Cross reference. — See now § 21-3101. 

§ 21-3105. Salaries of teachers and officials. 

Repealed by A. & J. R. 1954 (48) 1439. 

§§ 21-3107 to 21-3111. Finances of school districts. 
Repealed by A. & J. R. 1952 (47) 2081. 
Cross reference. — See now § 21-3101. 

§ 21-3112. Contracts in excess of budget void. 

Provisions of A. & J. R. 1952 (47) 2121 make up this section. 

CHAPTER 43. 

Kershaw County. 

Sec. Sec. 

21-3150. The School District of Kershaw 21-3172 to 21-3175. [Repealed.] 

County. 21-3177. [Repealed.] 

21-3151 to 21-3168. [Repealed.] 

§ 21-3150. The School District of Kershaw County. 

Provisions from A. & J. R. 1952 (47) 1919 make up this section. 

§§ 21-3151 to 21-3168. County board and superintendent; school districts; 

trustees, etc. 
Repealed by A. & J. R. 1952 (47) 1919. 
Cross reference. — See now § 21-3150. 

§§ 21-3169 to 21-3171. Payment of teachers' salaries; expenditures, limited 

to budget. 

Editor's note. — These sections refer to now only one district in the count}' and 
"school districts" or "high school districts." these sections would appear to be amended 
Under A. & J. ' R. 1952 (47) 1919 there is accordingly. See § 21-3150. 

§§ 21-3172 to 21-3175. District finances. 
Repealed by A. & J. R. 1952 (47) 1919. 
Cross reference. — See now § 21-3150. 

§ 21-3176. Treasurer to report on bonds, etc. 

Editor's note. — This section refers to the county and this section would appear 
"school districts." Under A. & J. R. 1952 to he amended accordingly. 
(47) 1919 there is now only one district in 

§ 21-3177. Borrowing by boards. 

Repealed by A. & J. R. 1952 (47) 1919. 
Cross reference. — See now § 21-3150. 

36 



§ 21-3200 1954 Cumulative Supplement § 21-3267 

CHAPTER 44. 

Lancaster County. 

Article 1. Article 5. 

General Provisions. Financial Matters. 

Sec. Sec. 

21-3200. The School District of Lancaster 21-3251 to 21-3267. [Repealed.] 

County. 
21-3201 to 21-3203. [Repealed.] Article 6. 

Buford, Flat Creek and Indian Land High 
Article 2. School Districts. 

County Superintendent and Supervisor of 21-3281 to 21-3284. [Repealed.] 

School. 
21-3211, 21-3212. [Repealed.] Article 7. 

Consolidated School District No. 30. 

Article 3. 21-3291 to 21-3293. [Repealed.] 
County Board of Education. 
21-3221 to 21-3227. [Repealed.] 

Article 4. 
School Trustees. 

21-3241 to 21-3243. [Repealed.] 

Article 1. 
General Provisions. 

§ 21-3200. The School District of Lancaster County. 

Provisions from A. & J. R. 1952 (47) 2014, as amended by A. & J. R. 1953 
(48) 107, make up this section. 

§§ 21-3201 to 21-3203. Supplemental salaries; supervision of grammar 

schools; sweet potato curing 1 houses. 

Repealed by A. & J. R. 1952 (47) 2014. 
Cross reference. — See now § 21-3200. 

Article 2. 
County Superintendent and Supcii'isor of Schools. 

§§ 21-3211, 21-3212. County superintendent and supervisor of schools. 

Repealed by A. & J. R. 1952 (47) 2014. 
Cross reference. — See now § 21-3200. 

Article 3. 
County Board of Education. 

§§ 21-3221 to 21-3227. County board of education. 

Repealed by A. & J. R. 1952 (47) 2014. 
Cross reference. — See now § 21-3200. 

Article 4. 
School Trustees. 

§§ 21-3241 to 21-3243. School trustees. 

Repealed by A. & J. R. 1952 (47) 2014. 
Cross reference. — See now § 21-3200. 

Article 5. 

Financial Matters. 

§§ 21-3251 to 21-3267. Financial matters. 
Repealed by A. & J. R. 1952 (47) 2014. 
Cross reference. — See now § 21-3200. 

37 



§ 21-3281 Code of Laws of South Carolina § 21-3364 

Article 6. 

Bujord, Flat Creek and Indian Land High School Districts. 

§§ 21-3281 to 21-3284. Buford, Flat Creek and Indian Land High School 

Districts. 

Repealed by A. & J. R. 1952 (47) 2014. 
Cross reference. — See now § 21-3200. 

Article; 7. 
Consolidated School District No. 30. 
§§ 21-3291 to 21-3293. Consolidated School District No. 30. 
Repealed by A. & J. R. 1952 (47) 2014. 
Cross reference. — See now § 21-3200. 

CHAPTER 46. 

LLF County. 

Article 1. Article 2. 

General Provisions. Central Consolidated High School Dis- 

Sec. trict. 

21-3350. County unit system; county board; Sec. 

county superintendent; advisory 21-3361 to 21-3364. [Repealed.] 
boards; administrative areas; 
finances. 
21-3351 to 21-3355. [Repealed.] 

Article 1. 

General Provisions. 

§ 21-3350. County unit system; county board; county superintendent; ad- 
visory boards ; administrative areas ; finances. 

Provisions of A. & J. R. 1952 (47) 2081 make up this section. 

§ 21-3351 to 21-3355. County board and school trustees. 

Repealed by A. & J. R. 1952 (47) 2081. 
Cross reference. — See now § 21-3350. 

§ 21-3356. Investment in defense bonds of district sinking funds. 

Editor's note. — There are no longer any 
school districts in Lee County. 

Article 2. 
Central Consolidated High School District. 
§§ 21-3361 to 21-3364. Central Consolidated High School District. 

Repealed by A. & J. R. 1952 (47) 2081. 
Cross reference.— See now § 21-3350. 

CHAPTER 47. 

Lexington County. 

Article 1. Article 2. 

County Board and Superintendent. School Districts. 

Sec. Sec. 

21-3401, 21-3402. [Repealed.] 21-3411.1. School trustees; appointment or 

21-3403. County board of education; ap- election; terms, 

pointment and terms. 21-3412. [Repealed.] 



21-3414 to 21-3417. [Repealed.] 
21-3423. Tax levy for operations. 



38 



§ 21-3401 1954 Cumulative Supplement § 21-3451 

Article 1. 
County Board and Superintendent. 

§§ 21-3401, 21-3402. County board of education. 

Repealed by A. & J. R. 1952 (47) 1917. 
Cross reference. — See now § 21-3403. 

§ 21-3403. County board of education ; appointment and terms. 
Provisions from A. & J. R. 1952 (47) 1917 make up this section. 

Article 2. 
School Districts. 
§ 21-3411. School districts established. 

Editor's note. — The nine districts estab- new school districts, is valid and consti- 

lished by this section have been consoli- tutional. The act was authorized by S. 

dated into five. C. Const., Art. 11, § 5, and does not vio- 

Division of county into new school dis- late subdivisions IV and IX of S. C. 

tricts held valid.— The act [1949 (46) 300] Const., Art. 3, § 34, nor is it an uncon- 

from which §§ 21-3411, 21-3412 and 21- stitutional delegation of legislative power 

3414 to 21-3418 were codified, and which to the county board of education. The 

authorized the Lexington County board of election held pursuant to the act was 

education, upon approval of the qualified likewise valid. Smith v. Lexington School 

electors at a special election to be held Dist. No. 1, 219 S. C. 191, 64 S. E. (2d) 

in the county, to divide the county into 534 (1951). 

§ 21-3411.1. School trustees; appointment or election; terms. 

Provisions from A. & J. R. 1952 (47) 1916, as amended by A. & J. R. 1953 
(48) 255, make up this section. 

§ 21-3412. Trustees. 

Repealed by A. & J. R. 1952 (47) 1916. 
Cross reference. — See now § 21-3411.1. 

§ 21-3413. Same; special provisions for Irmo District No. 8. 

Editor's note. — This district no longer 
exists, having been consolidated with 
others. 

§§ 21-3414 to 21-3417. Elections and qualifications of trustees; vacancies. 

Repealed by A. & J. R. 1952 (47) 1916. 
Cross reference. — See now § 21-3411.1. 

§ 21-3422. Tax levies. 

Cross reference. — See now § 21-3423. Section is constitutional. Smith v. Lex- 
Editor's note. — The second sentence ington School Dist. No. 1, 219 S. C. 191, 

was superseded by A. & J. R. 1952 (47) 64 S. E. (2d) 534 (1951). 

1918, relating to tax levies for operation. 

§ 21-3423. Tax levy for operations. 

Provisions from A. & J. R. 1952 (47) 1918 make up this section. 

CHAPTER 48. 

Marion County. 

Article 1. Article 2. 

County Board of Education. School District Trustees. 

Sec. Sec. 

21-3451. Appointment; term; vacancy. 21-3461. Appointment; term; etc. 

Article 1. 

County Board of Education. 

§ 21-3451. Appointment; term; vacancy. 
Amended by A. & J. R. 1954 (48) 1842. 

39 



§ 21-3461 Code of Laws of South Carolina § 21-3661 

Article 2. 
School District Trustees. 
§ 21-3461. Appointment; term; etc. 

Provisions of A. & J. R. 1953 (48) 324 make up this section. 

CHAPTER 49. 

Marlboro County. 

Sec. Sec. 

21-3504. Compensation of members. 21-3508. Employment of county superin- 

tendent of education. 

§ 21-3504. Compensation of members. 
Amended by A. & J. R. 1953 (48) 240. 

§ 21-3508. Employment of county superintendent of education. 

Amended by A. & J. R. 1953 (48) 240. 

CHAPTER 51. 

Newberry County. 

Article 1. Sec. 

General Provisions. superintendent; school trustees 

Sec. if only one district; taxes. 

21-3591. County board; duties of county 21-3599, 21-3600. [Repealed.] 

Article 1. 
General Provisions. 

§ 21-3591. County board; duties of county superintendent; school trustees 
if only one district; taxes. 
Provisions of A. & J. R. 1952 (47) 1842 make up this section. 

§§ 21-3599, 21-3600. Composition and term of county board; employees in- 
eligible. 

Repealed by A. & J. R. 1952 (47) 1842. 
Cross reference. — See now § 21-3591. 

Article 3. 
School District No. 1. 
§ 21-3622. Transfer of surplus from bond account. 

Editor's note. — There is no longer any 1, the former district of that name hav- 
such school district as School District No. ing been consolidated with others. 

CHAPTER 52. 
Oconee County. 

Sec. . Sec. 

21-3661. The school district of Oconee 21-3672. [Superseded.] 

Countv. 21-3678. [Repealed.] 

21-3662. [Repealed.] 21-3679, 21-3680. [Repealed.] 

21-3670. Levy to pay school district in- 21-3682. [Repealed.] 

debtedness; no further local 

levies. 

§ 21-3661. The school district of Oconee County. 

Provisions of A. & J. R." 1953 (48) 412 make up this section. 

40 



§ 21-3662 1954 Cumulative Supplement § 21-3792 

§ 21-3662. Round Mountain High School. 

Repealed by A. & J. R. 1952 (47) 2120. 

§ 21-3670. Levy to pay school district indebtedness; no further local levies. 

Provisions of A. & J. R. 1952 (47) 1981 make up this section. 

§ 21-3672. Borrowing by the school district. 

Superseded by A. & J. R. 1953 (48) 412. 
Cross reference. — See now § 21-3661. 

§ 21-3678. Annual tax levy for high school facilities. 

Repealed by A. & J. R. 1952 (47) 1981 and A. & J. R. 1953 (48) 355. 
Cross reference. — See now § 21-3670. 

§§ 21-3679, 21-3680. Apportionment of receipts, expenditure. 

Repealed by A. & J. R. 1952 (47) 1981. 
Cross reference. — See now § 21-3670. 

§ 21-3682. Portion of receipts allocated to Clemson-Calhoun High School. 
Repealed by A. & J. R. 1952 (47) 1981. 
Cross reference. — See now § 21-3670. 

CHAPTER 53. 

Orangeburg County. 

Sec. Sec. 

21-3707. [Repealed.] vided into trustee voting areas; 

21-3707.1. School districts corporations; may vote on area or district 

powers. basis. 

21-3711.1. Districts 1, 2, 4 and 6 subdi- 21-3712.1. Vacancies. 

§ 21-3707. School districts corporations; powers. 

Repealed by A. & J. R. 1953 (48) 219. 
Cross reference. — See now § 21-3707.1. 

§ 21-3707.1. School districts corporations ; powers. 

Provisions of § 2 of A. & J. R. 1953 (48) 219 make up this section. 

§ 21-3711. When trustees to be elected. 

Editor's note. — "April in" should follow 
"Tuesday in" in line four. 

§ 21-3711.1. Districts 1, 2, 4 and 6 subdivided into trustee voting areas ; may 
vote on area or district basis. 

Provisions of A. & J. R. 1954 (48) 1783 make up this section. 

§ 21-3712.1. Vacancies. 

Provisions of the second paragraph of § 1 of A. & J. R. 1953 (48) 219 make 
up this section. 

CHAPTER 54. 

Pickens County. 

Sec. Sec. 

21-3791. County board of education. 21-3794. Bonds of employees of Pickens 

21-3792. Pickens County School Dis- County School District A. 

trict A. 21-3795. Additional trustees for school dis- 

21-3793. Revolving fund for Pickens Coun- trict. 

ty School District A. 21-3802. [Repealed.] 

§ 21-3791. County board of education. 

Provisions from A. & J. R. 1952 (47) 1717 make up this section. 

§ 21-3792. Pickens County School District A. 

Provisions from A. & J. R. 1953 (48) 20 make up this section. 

41 



§ 21-3793 Code of Laws of South Carolina § 21-3964 

§ 21-3793. Revolving fund for Pickens County School District A. 

Provisions from A. & J. R. 1953 (48) 248 make up this section. 

§ 21-3794. Bonds of employees of Pickens County School District A. 

Provisions from A. & J. R. 1953 (48) 248 make up this section. 

§ 21-3795. Additional trustees for school district. 

Provisions from A. & J. R. 1952 (47) 1909 make up this section. 

§ 21-3802. Levy. 

Repealed by A. & J. R. 1953 (48) 20. 

CHAPTER 55. 
Richland County. 

.Article 3 Sec 

School Districts Generally. 21-3882. [Repealed.] 

Sec. 21-3885. [Repealed.] 

21-3881.1. Trustees of school districts 
other than No. 1. 

Article; 3. 
School Districts Generally. 
§ 21-3881. Names, etc., of school districts. 

Editor's note. — The districts in Rich- solidated to four in number, designated 
land County have now been further con- as Districts Nos. 1, 2, 3 and 5. 

§ 21-3881.1. Trustees of school districts other than No. 1. 

Provisions from A. & J. R. 1952 (47) 2006, as amended by A. & J. R. 1953 
(48) 1209, make up this section. 

§ 21-3882. Trustees of school districts; election and term. 

Repealed by A. & J. R. 1952 (47) 2006. 
Cross reference. — See now § 21-3881.1. 

§ 21-3884. Sections not applicable to Districts 1 and 4. 

Editor's note. — Since the repeal of § 21- reference to that section becomes mean- 
3882 by A. & J. R. 1952 (47) 2006 the ingless and may be considered deleted. 

§ 21-3885. Trustees of Olympia School District No. 4. 
Repealed by A. & J. R. 1952 (47) 2006. 
Cross reference. — See now § 21-3881.1. 

CHAPTER 56. 

Saluda County. 

Sec. Sec. 

21-3962. [Repealed.] 21-3964. [Repealed.] 

21-3963.1. Funds and levies for school pur- 21-3965. [Repealed.] 

poses; budgets; borrowing; ex- 21-3966. [Repealed.] 

penditures. 

§ 21-3962. Trustees to file budgets. 

Repealed by A. & J. R. 1953 (48) 249. 
Cross reference. — See now § 21-3963.1. 

§ 21-3963.1. Funds and levies for school purposes; budgets; borrowing; ex- 
penditures. 

Provisions of A. & J. R. 1953 (48) 249 make up this section. 

§ 21-3964. County unit school levy. 

Repealed by A. & J. R. 1952 (47) 2005. 
Cross reference. — See now § 21-3963.1. 

42 



§ 21-3965 1954 Cumulative Supplement § 21-4051 

§ 21-3965. Borrowing in anticipation thereof. 

Repealed by A. & J. R. 1953 (48) 249. 
Cross reference. — See now § 21-3963.1. 

§ 21-3966. High school building fund. 

Repealed by A. & J. R. 1952 (47) 2005. 
Cross reference. — See now § 21-3963.1. 

§ 21-3967. Allocation of unpledged school fund balances. 

Editor's note. — There are now only two 
school districts in Saluda County. 

CHAPTER 57. 
Spartanburg County. 

Sec. Sec. 

21-4000. County board of education; county 21-4001 to 21-4011. [Repealed.] 

superintendent; school districts; 21-4013 to 21-4022. [Repealed.] 

trustees; school superintendents; 21-4024 to 21-4027. [Repealed.] 

finances. 21-4030. [Repealed.] 

§ 21-4000. County board of education; county superintendent; school dis- 
tricts; trustees; school superintendents; finances. 

Provisions of A. & J. R. 1952 (47) 2113 make up this section. 

§§ 21-4001 to 21-4011. County board; personnel; county superintendent; fi- 
nancial objectives; capital outlays. 
Repealed by A. & J. R. 1952 (47) 2113. 

§§ 21-4013 to 21-4022. Superintendent administrative officer; consolidation 

of districts; trustees; budgets and levy. 
Repealed by A. & J. R. 1952 (47) 2113. 

§§ 21-4024 to 21-4027. Accounting; school superintendents; levy and appor- 
tionment. 
Repealed by A. & J. R. 1952 (47) 2113. 

§ 21-4030. Credit of school funds received by treasurer. 

Repealed by A. & J. R. 1952 (47) 2113. 

CHAPTER 58. 

Sumter County. 

Article 1. Article 2. 

General Provisions. School District No. 17. 

Sec. Sec. 

21-4050. County board of education. 21-4063. [Repealed.] 

21-4053. County equalizing school tax levy. 21-4072. [Repealed.] 

21-4072.1. Budgets; contracts. 
Article 1.1. 21-4078. Investment of funds not needed 

School District No. 2. immediately. 

21-4056. Superintendent; funds; use of 
sinking funds; tax levies and 
budgets. 
21-4057. Treasurer. 

Article 1. 

General Provisions. 

§ 21-4050. County board of education. 

Provisions of A. & J. R. 1953 (48) 131 make up this section. 

§ 21-4051. Budgets. 

Editor's note. — Repealed as to School 2036, 2077. See now, as to that district, §§ 
District No. 17 by A. & J. R. 1952 (47) 21-4056 and 21-4072.1. 

43 



§ 21-4053 Code of Laws of South Carolina § 21-4200 

§ 21-4053. County equalizing school tax levy. 

Provisions of A. & J. R. 1953 (48) 1266 make up this section. 

Article; 1.1. 

School District No. 2. 

§ 21-4056. Superintendent; funds; use of sinking funds; tax levies and 
budgets. 

Provisions of §§ 1, 2, 7, 8. 9, A. & J. R. 1952 (47) 2077 make up this section. 

§ 21-4057. Treasurer. 

Provisions of A. & J. R. 1953 (48) 309 make up this section. 

Article 2. 
School District No. 17. 

§ 21-4063. Jursidiction of county board of education over district. 

Repealed by A. & J. R. 1952 (47) 2036. 

§ 21-4072. Budgets; contracts. 

Repealed by A. & J. R. 1952 (47) 2036. 
Cross reference. — See now § 21-4072.1. 

§ 21-4072.1. Budgets; contracts. 

Provisions from A. & J. R. 1952 (47) 2036 make up this section. 

§ 21-4078. Investment of funds not needed immediately. 

Provisions of A. & J. R. 1953 (48) 254 make up this section. 

CHAPTER 59. 

Union County. 

Sec. Sec. 

21-4150. County unit system of schools. 21-4176. Abandonment of school property. 

21-4151 to 21-4175. [Repealed.] 21-4177. Uniform pay of teachers. 

§ 21-4150. County unit system of schools. 

Provisions from A. & J. R. 1952 (47) 2104 make up this section. 

§§ 21-4151 to 21-4175. General provisions and financial matters. 
Repealed by A. & J. R. 1952 (47) 2104. 
Cross reference. — See now § 21-4150. 

§ 21-4176. Abandonment of school property. 

Provisions of §§ 1 and 7 of A. & J. R. 1953 (48) 314 make up this section. 

§ 21-4177. Uniform pay of teachers. 

Provisions of A. & J. R. 1953 (48) 445 make up this section. 

CHAPTER 60. 

Williamsburg County. 

Article 1. Sec. 

General Provisions. 21-4201. [Repealed.] 

Sec. 

21-4200. County board of education; ap- 
pointment and term. 

ArticlF 1. 

General Provisions. 

§ 21-4200. County board of education; appointment and term. 

Provisions of A. & J. R. 1953 (48) 81 make up this section. 

44 



§ 21-4201 1954 Cumulative Supplement § 21-4267 

§ 21-4201. County board of education; appointment; terms; vacancies. 
Repealed by A. & J. R. 1953 (48) 81. 

§ 21-4202. School trustees and officials not eligible. 

Editor's note. — There is now only one 
school district in Williamsburg Count}'. 

§ 21-4206. County board fund; disposition of poll tax collections. 

Editor's note. — There is now only one 
school district in Williamsburg County. 

§ 21-4209. Budgets. 

Editor's note. — There is now only one 
school district in Williamsburg Count}'. 

§ 21-4211. Tuition paid when pupils attend school in other districts. 

Editor's note. — There is now only one 
school district in Williamsburg County. 

§ 21-4212. Levy of tax to pay such tuition charges. 

Editor's note. — There is now only one 
school district in Williamsburg County. 

§ 21-4213. Tuition charges to accounts of several districts. 

Editor's note. — There is now only one 
school district in Williamsburg County. 

§ 21-4217. Gifts. 

Editor's note. — There is now only one 
school district in Williamsburg County. 

§ 21-4218. Investment of school district sinking fund. 

Editor's note. — There is now only one 
school district in Williamsburg County. 

§ 21-4219. Pergamos School District No. 29 exempted. 

Editor's note. — There is no longer any 
such district, there being now only one 
school district in Williamsburg County. 

Article 2. 
Trustees of Certain School Districts. 
§§ 21-4231 to 21-4236. Trustees of certain school districts. 

Editor's note. — All of the districts af- now only one school district in Williams- 
fected have been abolished, there being burg County. 

Article 3. 
Williamsburg High School. 
§§ 21-4241 to 21-4244. Williamsburg High School. 

Editor's note. — There is now only one 
school district in Williamsburg County. 

Article 5. 
JKingstree Public School District. 
§§ 21-4261 to 21-4267. Kingstree Public School District. 

Editor's note. — There is no longer any 
such district, there being now only one 
school district in Williamsburg County. 

VOLUME 3 45 



§ 21-4312 Code of Laws of South Carolina § 21-4331.4 

CHAPTER 61. 

York County. 
Article 3. Article 6. 

School Trustees. Fort Mill School District No. 28. 

Sec. Sec. 

21-4331. [Superseded.] 21-4391 to 21-4393. [Superseded.] 

21-4331.1. Trustees in Clover School Dis- 
trict No. 2; taxes. Article 7. 

21-4331.2. Trustees of Rock Hill School Clover School District No. 37 

District No. 3. 21-4401 to 21-4408. [Superseded.] 

21-4331.3. Trustees in York School District 

No. 1; taxes. Article 8. 

21-4331.4. Trustees in Fort Mill School York Consolidated School District No. 10. 
District No. 4; taxes. 21-4411 to 21-4416. [Superseded.] 

21-4332 to 21-4336. [Superseded.] 

Article 2. 

Financial Matters. 

§ 21-4312. County tax levy for school purposes. 

Cross references. — As to levy of taxes § 21-4331.1 and Fort Mill School District 
in York School District No. 1, see § 21- No. 4, see § 21-4331.4. 
4331.3; Clover School District No. 2, see 

§ 21-4313. Taxes in certain districts. 

Editor's note. — There are now only four Cross references. — As to levy of taxes 

districts in York County. They were in York School District No. 1, see § 21- 

created since this section was enacted. It 4331.3; Clover School District No. 2, see 

may he doubted whether the last sentence § 21-4331.1 and Fort Mill School District 

of this section applies to the new districts, No. 4, see § 21-4331.4. 
even though under old names. 

§ 21-4314. High school tax levy. 

Cross references. — As to levy of taxes § 21-4331.1 and Fort Mill School District 
in York School District No. 1, see § 21- No. 4, see § 21-4331.4. 
4331.3; Clover School District No. 2, see 

§ 21-4315. Distribution of proceeds of such tax. 

Cross references. — As to levy of taxes § 21-4331.1 and Fort Mill School District 
in York School District No. 1, see § 21- No. 4, see § 21-4331.4. 
4331.3; Clover School District No. 2, see 

§ 21-4316. Borrowing to purchase busses. 

Editor's note. — There are now only four may be doubted whether the last sentence 
districts in York County. They were of this section applies to the new districts, 
created since this section was enacted. It even though under old names. 

Article 3. 
School Trustees. 

§ 21-4331. Qualifications of trustees. 

Superseded by A. & J. R. 1953 (48) 50, 463 and 1954 (48) 1526, 1801. 

Cross reference. — See §§ 21-4331.1 to 21- 
4331.4 for school districts, trustees, etc. 

§ 21-4331.1. Trustees in Clover School District No. 2; taxes. 

Provisions of A. & J. R. 1953 (48) 50, 52 make up this section. 

§ 21-4331.2. Trustees of Rock Hill School District No. 3. 

Provisions of A. & J. R. 1953 (48) 463 make up this section. 

§ 21-4331.3. Trustees in York School district No. 1 ; %axes. 

Provisions of A. & J. R. 1954 (48) 1526 make up this section. 

§ 21-4331.4. Trustees in Fort Mill School District No. 4 ; taxes. 

Provisions of A. & J. R. 1954 (48) 1801 make up this section. 

46 



§ 21-4332 1954 Cumulative Supplement § 21-4416 

§§ 21-4332 to 21-4336. Vacancies on certain boards; expenses of election. 

Superseded by A. & J. R. 1953 (48) 50, 463 and 1954 (48) 1526, 1801. 

Cross reference. — See §§ 21-4331.1 to 21- 
4331.4 for school districts, trustees, etc. 

§ 21-4338. Section 21-4337 not applicable in certain districts. 

Editor's note. — There are now only 
four districts in York County. See §§ 21- 
4331.1 et seq. 

Article 4. 
Trustees of Certain School Districts. 
§§ 21-4351 to 21-4360. Trustees of certain school districts. 

Editor's note. — There are no longer any 
such districts, hence these sections are 
obsolete. 

Article 5. 
Rock Hill School District No. 12. 
§§ 21-4381 to 21-4385. Rock Hill School District No. 12. 

Editor's note. — There are now only trict is the same district as the old district 

four school districts in York County, one of No. 12 and hence it is believed that these 

which is called Rock Hill School District sections no longer apply to anything. 
No. 3. It is not believed that this new dis- 

Article 6. 
Fort Mill School District No. 28 
§§ 21-4391 to 21-4393. Trustees; levy and collection of such tax. 

Superseded by A. & J. R. 1954 (48) 1801. 
Cross reference. — See now § 21-4331.4. 

Article 7. 
Clover School District No. 37. 
§§ 21-4401 to 21-4408. Clover School District No. 37. 

Superseded by A. & J. R. 1953 (48) 50. 
Cross reference. — See now § 21-4331.1. 

Article 8. 
York Consolidated School District No. 10. 
§§ 21-4411 to 21-4416. York Consolidated School District No. 10. 
Superseded by A. & J. R. 1954 (48) 1526. 
Cross reference. — See now § 21-4331.3. 



47 



§ 22-21 Code of Laws of South Carolina § 22-22 

Title 22. 
Educational Institutions. 

Chap. 1.1. State Institution Bonds, §§ 22-21 to 22-39. 

3. The University of South Carolina, §§ 22-101 to 22-129. 

4. The Clemson Agricultural College of South Carolina, § 22-212. 
6. The Medical College, §§ 22-351 to 22-368. 

9. Tohn De La Howe School, § 22-510.1. 
10. South Carolina State College, §§ 22-551 to 22-557. 

CHAPTER 1.1. 
Statf Institution Bonds. 

Sec. Sec. 

22-21. State institution defined. 22-30. Full faith and credit of State pledged 

22-22. Tuition fees required at State in- to pay bonds. 

stitutions; "State Board" de- 22-31. Bonds negotiable; registration. 

fined. 22-32. Denomination, interest rate, matu- 

22-23. Remittance and application of tui- rity and redemption. 

tion fees. 22-33. Execution of bonds and coupons; 

22-24. Application for funds for permanent form, denomination, etc. 

improvements and pay certain 22-34. Tax exempt status. 

expenses. 22-35. Bonds as legal investments. 

22-25. Authority of State Board as to such 22-36. Sale of bonds. 

applications. 22-37. Deposit and use of proceeds of 

22-26. When State Board may request is- bonds. 

suance of State institution bonds. 22-38. Tuition fees to be segregated for 

22-27. Governor and State Treasurer may payment of bonds; investment 

authorize issue of bonds. thereof; disposition of other 

22-28. Bonds may be issued in one issue tuition fees. 

on several applications. 22-39. Sufficiency of tuition fees to pay 

22-29. Maximum amount of outstanding bonds. 

bonds. 

§ 22-21. State institution defined. 

The several State supported institutions of higher learning, within the contempla- 
tion of this chapter, are declared to be : 
The University of South Carolina, 
The Clemson Agricultural College of South Carolina, 
The Citadel, 

The Medical College of South Carolina, 
Winthrop College and 
The Colored Normal, Industrial, Agricultural and Mechanical College. 

Hereafter in this chapter such institutions shall be denoted by the term "State 
institution." 

1953 (48) 169. 

This chapter neither conflicts with nor 
modifies or repeals § 22-56. Atty. Gen. Op., 
Apr. 27, 1954. 

§ 22-22. Tuition fees required at State institutions; "State Board" defined. 

Tuition fees shall be required to be paid by each individual attending any State 
institution in such amount and under such conditions as the respective boards of 
trustees of such State institutions shall prescribe, with the approval of the State 
Budget and Control Board, hereafter in this chapter referred to as the "State 
Board." The provisions of this section shall not be construed as requiring uni- 
formity of tuition fees at such State institutions, nor shall they preclude a higher 
scale for nonresidents of the State. 

1953 (48) 169. 

48 



§ 22-23 1954 Cumulative Supplement § 22-25 

§ 22-23. Remittance and application of tuition fees. 

All tuition fees received by any State institution shall be remitted from time to 
time to the State Treasurer under such regulations as he shall prescribe. The 
State Treasurer shall apply the same as directed by this chapter. 

1953 (48) 169. 

§ 22-24. Application for funds for permanent improvements and pay certain 
expenses. 

The respective boards of trustees of such State institutions may make applica- 
tion to the State Board for funds to be used for any one or more of the following 
purposes: (a) to construct, reconstruct, maintain, improve, furnish and refurnish 
the buildings and other permanent improvements for such State institutions, (b) 
to defray the cost of acquiring or improving land needed as sites for such im- 
provements or for the campus of any such State institution or (c) to reimburse 
such institution for expenses incurred in anticipation of the issuance of such bonds. 
Hereafter in this chapter such items shall be denoted by the term "improvement". 
Such application shall contain : 

( 1 ) A description of the improvement sought ; 

(2) An estimate of its cost; 

(3) The number of regularly enrolled students at such State institution at the 
close of the last preceding academic semester or term (exclusive of any summer 
school semester or term) ; 

(4) The schedule of tuition fees in effect ; 

(5) A suggested maturity schedule for bonds issued pursuant to this chapter; 
and 

(6) A statement showing the unmatured State institution bonds theretofore is- 
sued for such State institution. 

Such application shall contain an agreement upon the part of the board of trus- 
tees that such schedule of tuition fees shall be revised from time to time and when- 
ever necessary to provide the annual principal and interest requirements on the pro- 
posed bonds and on all outstanding State institution bonds issued for such State 
institution. 

1953 (48) 169; 1954 (48) 1708. 

Effect of amendment. — The amendment campuses and the improvement of sites and 
changed the first sentence as to (b) by adding (c). 
providing for the acquisition of land for 

§ 22-25. Authority of State Board as to such applications. 

The State Board may approve, in whole or in part, or modify in any way that 
it sees fit any application made by any board of trustees of any of the State in- 
stitutions and may direct the application of the principal proceeds of any bonds 
issued pursuant to this chapter for such purpose, if it shall have found : 

( 1 ) That a definite and immediate need for such improvement exists ; 

(2) That a satisfactory and proper schedule of tuition fees is in effect at such 
State institution ; 

(3) That such schedule of tuition fees, as applied to the regularly enrolled stu- 
dents at such State institution, on the basis of the number of students regularly 
enrolled at such State institution at the close of the last preceeding academic se- 
mester or term (exclusive of any summer school semester or term), will, if mul- 
tiplied by the number of years for which the bonds herein provided for shall be 
outstanding, result in the production of a sum equal to not less than one hundred 
ten per cent of the estimated aggregate principal and interest requirements of all 
State institution bonds issued for such State institution to be outstanding if such 
application be approved ; and 

(4) That the board of trustees of such State institution has agreed that such 
schedule of tuition fees may be revised from time to time and whenever necessary 
to provide not less than the sum needed to pay the annual principal and interest 

49 



§ 22-26 Cods of Laws of 1 South Carolina § 22-27 

requirements on the proposed bonds and on all outstanding State institution bonds 
issued for such State institution. 

1953 (48) 169. 

Supreme Court may determine minimum ported institution for the issuance of bonds 

coverage of fund for payment of bonds. — under the terms of this chapter shall be 

The Supreme Court, in a taxpayer's suit granted unless it is found, in addition to the 

to determine the validity of bonds proposed other requirements set forth therein, that 

to be issued under this chapter, may deter- "such schedule of tuition fees, as applied to 

mine the minimum coverage deemed neces- the regularly enrolled students at such 

sary to adequately secure the bonds sc State institution, on the basis of the num- 

issued. Arthur v. Byrnes, 224 S. C. 51, 77 her of students regularly enrolled at such 

S. E. (2d) 311 (1953). State institution at the close of the last 

The coverage of 110% provided in para- preceding academic semester or term (ex- 
graph (3) of this section is too small to elusive of any summer school semester or 
meet the test for the sufficiency of a special term), will, if multiplied by the number of 
fund to secure the payment of general years for which the bonds herein provided 
State obligations where the question of the for shall be outstanding, result in the pro- 
creation of such obligations is not sub- duction of a sum equal to not less than 
mitted to the qualified electors of the State "150%" of the estimated aggregate princi- 
as required by S. C. Const., Art. 10, § 11. pal and interest requirements of all State 
Arthur v. Byrnes, 224 S. C. 51, 77 S. E. institution bonds issued for such State 
(2d) 311 (1953). institution to be outstanding if such appli- 

There must be a coverage of at least cation be approved." Arthur v. Byrnes, 224 

150%.— No application by any State-sup- S. C. 51, 77 S. E. (2d) 311 (1953). 

§ 22-26. When State Board may request issuance of State institution bonds. 

Upon making the finding required of it by § 22-25, the State Board shall trans- 
mit to the Governor and to the State Treasurer a request for the issuance of State 
institution bonds. Such request shall set forth : 

(1) The name of the State institution seeking funds, the amount of its appli- 
cation and the annual principal and interest requirements on all outstanding State 
institution bonds issued for such State institution ; 

(2) A statement that the State Board has made the findings required of it by 
§ 22-25, and the extent to which it has approved or modified the original appli- 
cation ; 

(3) The proposed maturity schedule of the bonds; 

(4) The anticipated interest cost for each year during the life of the bonds ; 

(5) The anticipated aggregate annual principal and interest requirements for 
the bonds ; 

(6) The numbers and maturity dates of the bonds which shall be subject to re- 
demption prior to their stated maturities ; 

(7) The proposed redemption premium schedule; 

(8) The number of regularly enrolled students at such State institution at the 
close of the last preceding academic semester or term (exclusive of any summer 
school semester or term) ; and 

(9) The tuition fee schedule in effect at such State institution. 
1953 (48) 169. 

§ 22-27. Governor and State Treasurer may authorize issue of bonds. 

The Governor and the State Treasurer shall examine such request and, if they 
shall jointly approve it and, for themselves, determine that the schedule of tuition 
fees in force at such State institution will, upon the basis of the number of regularly 
enrolled students at such State institution at the close of the last preceding aca- 
demic semester or term (exclusive of any summer school semester or term), pro- 
duce funds sufficient to meet the principal and interest requirements on the pro- 
posed bonds and on all outstanding State institution bonds issued for such State 
institution and provide the margin for such principal and interest requirements 

50 



§ 22-28 1954 Cumulative: Supplement § 22-33 

to the extent required by paragraph (3) of § 22-25, they may provide for the is- 
suance of State institution bonds in the amount approved by the State Board. 

1953 (48) 169. 

Cross reference. — As to minimum cover- 
age of fund for payment of bonds, see note 
to § 22-25. 

§ 22-28. Bonds may be issued in one issue on several applications. 

If it shall happen that more than one application by State institutions shall re- 
ceive the approvals required by §§ 22-25 to 22-27, at approximately the same time, 
the State institution bonds in an amount equal to the aggregate of the approved 
applications may be issued as a single issue. 

1953 (48) 169/ 

§ 22-29. Maximum amount of outstanding' bonds. 

Other provisions of this chapter to the contrary notwithstanding, there shall not 
be outstanding at any given time State institution bonds for all institutions in 
excess of fourteen million dollars. 

1953 (48) 169. 

§ 22-30. Full faith and credit of State pledged to pay bonds. 

For the payment of the principal and interest on all State institution bonds, 
whose issuance is authorized by this chapter, there shall be pledged the full faith, 
credit and taxing power of the State. 

1953 (48) 169. 

§ 22-31. Bonds negotiable; registration. 

State institution bonds issued under this chapter shall be in the form of ne- 
gotiable coupon bonds, payable to bearer, with the privilege to the holder of hav- 
ing them registered in his name on the books of the State Treasurer as to principal 
only or as to both principal and interest and such principal and interest, as the 
case may be, thus made payable to the registered holder, subject to such condi- 
tions as the State Treasurer may prescribe. State institution bonds so registered 
as to principal in the name of the holder may thereafter be registered as payable to 
bearer and made payable accordingly. 

1953 (48) 169. 

§ 22-32. Denomination, interest rate, maturity and redemption. 

The State institution bonds shall be in the denomination of one thousand dollars 
each. They shall bear interest, payable semiannually, at a rate or rates not ex- 
ceeding the maximum interest rate specified in the State Board's request for the 
issuance of the State institution bonds. Each issue of State institution bonds shall 
mature in annual series or installments, the last of which shall mature not more 
than twenty years after the date of the bonds, but no bonds shall be issued under 
the authority of this chapter to mature after the year 1978. The instalments or 
series may be equal or unequal in amount. The State institution bonds may, in 
the discretion of the State Board, be made subject to redemption at par and ac- 
crued interest, plus such redemption premium as it shall approve, and on such 
occasions as it may specify in its request for the issuance of the State institution 
bonds. The State institution bonds shall not be redeemable before maturity unless 
they contain a statement to that effect. 

1953 (48) 169. 

Quoted in Arthur v. Byrnes, 224 S. C. 
51, 77 S. E. (2d) 311 (1953). 

§ 22-33. Execution of bonds and coupons; form, denomination, etc. 

All State institution bonds issued pursuant to this chapter shall be signed by 
the Governor and the State Treasurer. In the instance of the Governor, he may 
sign such obligations by a facsimile of his signature. The great seal of the State 

51 



§ 22-34 Code; of Laws of South Carolina § 22-37 

shall be affixed to, impressed or reproduced upon each of them and shall be at- 
tested by the Secretary of State. The coupons attached to the State institution 
bonds shall be authenticated by a facsimile signature of the State Treasurer who 
is in office on the date of such State institution bonds. The delivery of the State 
institution bonds so executed and authenticated shall be valid notwithstanding any 
changes in officers or seal occurring after such execution or authentication. The 
State institution bonds shall be issued in such form and denomination and with 
such provisions as to time, place or places and medium of payment as may be de- 
termined by the State Board within the limitations of this chapter. 
1953 (48) 169. 

§ 22-34. Tax exempt status. 

The bonds authorized by this chapter and all interest to become due thereon 
shall have the tax exempt status prescribed by § 65-4.1. 
1953 (48) 169. 

§ 22-35. Bonds as legal investments. 

It shall be lawful for all executors, administrators, guardians, fiduciaries and 
sinking fund commissions to invest any moneys in their hands in State insti- 
tution bonds. 

1953 (48) 169. 

§ 22-36. Sale of bonds. 

The State institution bonds provided for herein shall be sold by the Governor 
and the State Treasurer upon sealed proposals, after publication of notice of 
such sale one or more times at least fifteen days before such sale in a news- 
paper of general circulation in the State and also in a financial paper published 
in New York City which regularly publishes notices of sale of state or municipal 
bonds. In all calls for bids, the right shall be reserved to reject all bids and 
readvertise for the sale of such State institution bonds. Upon the opening of 
bids the Governor and the State Treasurer shall determine the most advantageous 
bid and if one hundred ten percent of the aggregate principal and interest re- 
quirements on ( 1 ) bonds sold in accordance with the most advantageous bid and 
(2) all outstanding State institution bonds issued for such State institution is 
within the estimate of the tuition fees to be received by the State institution or 
institutions for which such bonds are issued, made on the basis required by para- 
graph (3) of § 22-25, and if they shall find that one hundred ten percent of such 
aggregate principal and interest requirements does not exceed such estimate, they 
may award such State institution bonds on such bid, at a price not less than 
par and accrued interest to the date of delivery. For the purpose of bringing 
about a successful sale of such bonds, the State Board may do all things ordi- 
narily and customarily done in connection with the sale of state or municipal bonds. 
All expenses incident to the sale of such bonds shall be paid from the proceeds 
of the bonds. 

1953 (48) 169. 

Cross reference. — As to minimum cover- 
age of fund for payment of bonds, see note 
to § 22-25. 

§ 22-37. Deposit and use of proceeds of bonds. 

The proceeds of sale of State institution bonds shall be received by the State 
Treasurer and placed in a fund to the credit of the State Board subject to with- 
drawal on their order, except that all accrued interest received shall be used by him 
to discharge the first instalment of interest coming due and any premium shall be 
used to discharge the first instalment of principal coming due on such bonds. On 
the occasion that he receives the proceeds of State institution bonds from the pur- 
chaser, the State Treasurer shall segregate the proceeds for the account of the 
State institution or institutions for which the bonds shall be issued. The pur- 

52 



§ 22-38 1954 Cumulative Supplement § 22-56 

chasers of the State institution bonds shall in no wise be liable for the application 
of the proceeds of the bonds to the purposes for which they are intended. 
1953 (48) 169. 

§ 22-38. Tuition fees to be segregated for payment of bonds; investment 
thereof; disposition of other tuition fees. 

Immediately following the determination of the Governor and the State Treasurer 
to provide for the issuance of State institution bonds, the State Treasurer shall 
segregate into a special fund all tuition fees of the State institution for which 
State institution bonds are to be issued and shall apply such special fund to the 
payment of the principal, interest and redemption premium, if any, on all bonds 
issued pursuant to this chapter for such State institution, and for no other pur- 
pose. The State Treasurer may, in his discretion, invest any part of such special 
fund in direct obligations of the United States or of the State. Whenever the 
aggregate of the cash and the then market value of the securities in such special 
fund shall equal the aggregate principal and interest requirements on all bonds 
issued pursuant to this chapter for such State institution then outstanding, the 
tuition fees of such State institution shall revert to the general fund of the State. 

It is not intended that the provisions of this section shall preclude there being 
issued and outstanding more than one issue of State institution bonds whose pro- 
ceeds shall be applied, in whole or in part, for any one particular State institution, 
if the tuition fees of such particular State institution will produce sufficient funds 
to meet the principal and interest requirements on the proposed issue and all 
outstanding issues for such institution made pursuant to this chapter. It is merely 
intended that so long as there are outstanding bonds issued for any State institu- 
tion, the tuition fees of such State institution shall be applied within the limitations 
of this section to the payment of the principal, interest and redempton premium, 
if any, of all bonds issued for improvements at such State institution pursuant to 
this chapter, and for no other purpose. Nor is it intended that any preference or 
priority as to the proceeds of the tuition fee fund of any State institution be created. 

All other tuition fees received by the State Treasurer shall become a part of the 
general State fund. 

1953 (48) 169. 

Section not impliedly repealed. — The Fees collected long prior to issuance of 

provisions of this section setting apart tu- bonds not segregated. — This section does 
ition fees as a special fund were not im- not contemplate the segregation of tuition 
pliedly repealed by § 72 of the 1953 Gen- fees earned and collected long prior to the 
eral Appropriation Act [1953 (48) 5041. issuance of bonds. Arthur v. Byrnes, 224 
Arthur v. Byrnes, 224 S. C. 51, 77 S. E. S. C. 51, 77 S. E. (2d) 311 (1953). 
(2d) 311 (1953). 

§ 22-39. Sufficiency of tuition fees to pay bonds. 

The General Assembly finds that the tuition fees charged at the several State 
institutions, if maintained and applied in the manner prescribed by this chapter, 
will be sufficient to provide for the payment of the principal and interest on State 
institution bonds issued pursuant to this chapter, without resorting to a property 
tax. 

1953 (48) 169. 

Legislative findings not binding on 
courts.— See Arthur v. Byrnes, 224 S. C. 
51, 77 S. E. (2d) 311 (1953). 

CHAPTER 2. 
Scholarships. 
§ 22-56. Free tuition for certain veterans' children. 

Chapter 1.1, Title 22, (§§ 22-21 et seq.) 
neither conflicts with nor modifies or repeals 
this section. Atty. Gen. Op., Apr. 27, 1954. 

53 



§ 22-101 Code of Laws of South Carolina § 22-124 

CHAPTER 3. 

The University of South Carolina. 

Sec. Sec. 

22-101 to 22-120. [Repealed.] 22-125. President not to be atheist. 

22-121. Composition of board of trustees. 22-126. Meetings of board. 

22-122. Terms of elected members. 22-127. Property vested in university. 

22-123. Vacancies; compensation. 22-128. Right of condemnation. 

22-124. Board a corporation; powers. 22-129. Same; another provision. 

§§ 22-101 to 22-120. The University of South Carolina. 

Repealed by A. & J. R. 1953 (48) 368. A. & J. R. 1954 (48) 1752 also repealed 
§ 22-120. 

§ 22-121. Composition of board of trustees. 

The board of trustees of the University of South Carolina shall be composed 
of the Governor of the State, the State Superintendent of Education and the 
chairmen of the committees on education of the Senate and House of Representa- 
tives, 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. 

1953 (48) 368. 

§ 22-122. Terms of elected members. 

In the first election, the terms of office of those elected from the first, third, fifth, 
seventh, ninth, eleventh and thirteenth judicial circuits were two years and of those 
elected from the second, fourth, sixth, eighth, tenth, twelfth and fourteenth judicial 
circuits were four years. In all subsequent elections the regular term of office of each 
elective trustee shall be four years. But any such trustee shall continue to function as 
a trustee after his term has expired until his successor shall have been elected and 
qualified. The General Assembly shall hold elections every two years for the purpose 
of selecting successors of those trustees whose terms are then expiring. The term 
of office of an elective trustee shall commence on the first day of April of the year 
in which such trustee under this plan is scheduled to be elected. 

1953 (48) 368. 

§ 22-123. Vacancies; compensation. 

In case a vacancy or vacancies should occur in the board the Governor may fill 
it by appointment until the next session of the General Assembly. Each member 
of said board shall be reimbursed for his actual expenses in attending meetings of 
the board but he shall receive no compensation otherwise for his services. 

1953 (48) 368. 

§ 22-124. Board a corporation; powers. 

The board of trustees is a body corporate and politic, in deed and in law, under 
the name of "The University of South Carolina," Said corporation has the follow- 
ing powers : 

( 1 ) To have perpetual succession ; 

(2) To sue and be sued by the corporate name; 

(3) To have a common seal and to alter the same at pleasure; 

(4) To make contracts, to have, to hold, to purchase and to lease real estate 
and personal property for corporate purposes and to sell and dispose of personal 
property and any buildings that are deemed by it as surplus property or not further 
needed and any buildings that it may need to do away with for the purpose of mak- 
ing room for other construction ; except that it shall not sell or dispose of any of 
its real estate (other than buildings) except with the consent of the General As- 
sembly ; 

(5) To appoint a chairman of the board of trustees and to appoint a University 
president, treasurer and secretary and in the appointment of these latter three to 
prescribe their duties and their terms of office and to fix their compensation ; 

54 



•;§ 22-125 1954 Cumulative Supplement § 22-125 

(6) To appoint or otherwise provide for the appointment of subordinate and 
assistant officers and agents, faculty members, instructors and other employees 
prescribing the terms of their employment and their duties and fixing their com- 
pensation ; 

(7) To make bylaws and all rules and regulations deemed expedient for the 
management of its affairs and its own operations not inconsistent with the Con- 
stitution and laws of this State or of the United States ; 

(8) To condemn land for corporate purposes as set forth in §§ 22-128 and 22- 
129; 

(9) To fix tuition fees and other charges for students attending the university, 
but these shall not be inconsistent with statutes by which the General Assembly 
undertakes to fix the same and children of full time faculty members in the uni- 
versity shall be exempt from tuition fees ; 

(10) To confer degrees upon students and such other persons as in the opinion 
of the board of trustees may be qualified to receive them ; 

(11) To accept, receive and hold all moneys or other properties, real and per- 
sonal, that may be given, conveyed, bequeathed or devised to the university and 
to use the same for the benefit of the university but in those cases in which such 
money or property is received charged with any trust then in every case such 
money or property shall be held and used strictly in accordance with the terms 
of such trust, except that when the terms of any such trust would require some- 
thing to be done other than merely to administer the trust no obligation in re- 
ceiving the trust over and above merely its administration shall be binding upon 
the university or the State except when any such trust is accepted by the General 
Assemblv ; 

(12) To assign any member of the faculty to additional duties in any other uni- 
versity department than that in which the faculty member may at the time be work- 
ing and without additional salary ; 

(13) In all investigations touching the affairs of the university, to compel by 
subpoena, rule and attachment witnesses to appear and testify and papers to be 
produced and read before the board ; 

(14) To adopt such measures and make such regulations as may in the dis- 
cretion of the board of trustees be necessary for the proper operation of said 
university ; 

(15) To appoint for the university a board of visitors of such number as the 
hoard of trustees may deem expedient and to regulate the terms during which 
the members of such board shall serve and to prescribe the functions of such 
hoard ; 

(16) To remove any officer, faculty member, agent or employee for incom- 
petence, neglect of duty, violation of university regulations or conduct unbecom- 
ing a person occupying such a position ; 

(17) To appoint an executive committee not exceeding five members of the 
board who shall have all the powers of the board during the interim between meet- 
ings of the board but not the power to do anything which is inconsistent with 
the policy or action theretofore taken by the board and such executive committee 
shall at each meeting of the board report fully all action taken by it during the 
interim ; and 

(18) To appoint committees of the board of trustees and/or officers and/or 
members of the faculty of the university, with such power and authority and for 
such purposes in connection with the operation of the university as the board of 
trustees may deem wise. 

1953 (48) 368. 

§ 22-125. President not to be atheist. 

The board of trustees shall take care that the president of the university shall 
not be an atheist or infidel. 

1953 (48) 368. 

55 



§ 22-126 Code of Laws of South Carolina § 22-212 

§ 22-126. Meetings of board. 

The board of trustees shall meet in Columbia twice a year, once within forty- 
five days after the adjournment of the General Assembly, but in no event later 
than June tenth of such year, and again in the month of October of such year, 
the time and place of each such regular meeting to be fixed by the chairman of 
the board or otherwise as the board of trustees shall provide. The Governor of 
the State shall preside at all regular and special meetings of the board of trustees 
in which he is in attendance ; at those meetings at which the Governor is not in 
attendance the chairman of the board of trustees shall preside and in his absence 
such member shall preside as the board may select. The Governor, the chair- 
man of the board of trustees and the president of the university shall each have 
the power to call a special meeting of the board of trustees and fix the time and 
place therof. Any five members of the board shall likewise have this power. A ma- 
jority of the members of the board of trustees shall constitute a quorum for the 
transaction of all business of the board but not less than a majority vote of the 
whole board shall be required for the election or removal of a president. It shall be 
the duty of the president and other officers as well as members of the faculty to 
attend meetings of the board of trustees when requested to do so. 

Notice of the time and place of all meetings, both regular and special meet- 
ings, of the board of trustees shall be mailed by the secretary or his assistant to 
each trustee not less than five days before each meeting thereof. 

1953 (48) 368. 

§ 22-127. Property vested in university. 

All property, real and personal, and rights of every description which have 
heretofore been vested in the South Carolina College and The University of South 
Carolina and the trustees of The University of South Carolina are vested in "The 
University of South Carolina." 

1953 (48) 368. 

§ 22-128. Right of condemnation. 

The trustees of The University of South Carolina may, in their discretion, make 
use of the provisions of chapter 3 of Title 25 to acquire land for which funds are 
provided by the General Assembly. 

1953 (48)' 504. 

§ 22-129. Same; another provision. 

The University of South Carolina may condemn lands for university purposes, 
such right of condemnation to be subject to the same duties, liabilities and method 
of proceeding and with the same rights, powers and privileges as are conferred 
upon municipal corporations by and under article 4 of chapter 3 of Title 59. This 
right of condemnation is cumulative to any such right that the university now has 
or may hereafter have. 
1953 (48) 368. 

CHAPTER 4. 
The Clemson Agricultural College of South Carolina. 

Article 1. 

Organization, Powers, Property, Income, 

etc. 

Sec. 

22-212. Divisions of public land fund under 

act of Congress. 

Article 1. 
Organization, Powers, Property, Income, etc. 

§ 22-212. Division of public land fund under act of Congress. 

All sums which shall be received by the State from the United States govern- 
ment under the provisions of the act of Congress, approved August 30 1890 en- 

56 



§ 22-351 1954 Cumulative Supplement § 22-357 

titled "An Act to Apply a Portion of the Public Lands to the more Complete En- 
dowment and Support of Colleges for the Benefit of Agricultural and Mechanical 
Arts Established under the Provisions of an Act of Congress approved July second, 
eighteen hundred and sixty-two," shall be equally divided between South Caro- 
lina State College and The Clemson Agricultural College of. South Carolina to 
be applied to the purposes specified in said act. 

1942 Code § 5744; 1932 Code § 5806; Civ. C. '22 § 2825; Civ. C. '12 § 1885; Civ. C. 
'02 § 1299; 1890 (20) 704; 1896 (22) 173; 1954 (48) 1722. 

Effect of amendment. — The amendment of South Carolina to South Carolina State 
changed name of Colored Normal, Indus- College, 
trial, Agricultural and Mechanical College 

CHAPTER 6. 
The Medical College. 

Sec. Sec. 

22-351. Acceptance of transfer of property. 22-365. School of dentistry established at 
22-352. Charter confirmed. medical college. 

22-355. Organization and powers of board. 22-366. Trustees may use funds to construct 
22-357. Trustees to make annual report. buildings. 

22-359. Additional scholarships. 22-367. Standards for school of dentistry. 

22-364. Rules governing admissions not 22-368. Operation of school; staff, 
changed hereby. 

§ 22-351. Acceptance of transfer of property. 

The State of South Carolina hereby expressly declares that it accepts the con- 
veyance and transfer of the property, real and personal, of The Medical College 
of South Carolina and the State Treasurer may receive and securely hold such 
property, both real and personal, and execute the necessary papers and receipts 
therefor as soon as the trustees and faculty of The Medical College of South Caro- 
lina shall convey and transfer such property to the State. 

1942 Code § 5794; 1932 Code § 5794; Civ. C. '22 § 2813; 1913 (28) 188; 1952 (47) 1875. 

Effect of amendment. — The name of the 
institution was formerly The Medical Col- 
lege of the State of South Carolina. 

§ 22-352. Charter confirmed. 

The charter of The Medical College of South Carolina is hereby confirmed and 
extended with all the rights and privileges granted heretofore by the original 
act of incorporation or by any subsequent extension of its charter. 

1942 Code § 5795; 1932 Code § 5795; Civ. C. '22 §2814; 1913 (28) 188; 1952 (47) 1875. 

Effect of amendment. — The name of the 
institution was formerly The Medical Col- 
lege of the State of South Carolina. 

§ 22-355. Organization and powers of board. 

The board of trustees shall elect one of its number to be chairman and elect a 
secretary and fix his salary. It shall elect professors and instructors in the depart- 
ments of medicine and pharmacy and such other officers and employees as may 
be necessary for the proper conduct of the college and fix their compensation, fix 
the fees and charges of students and the rules for the government of the college and 
make such rules and bylaws as may be proper for the business of the college. 

1942 Code § 5796; 1932 Code § 5796; Civ. C. '22 § 2815; 1913 (28) 188; 1937 (40) 486; 
1953 (48) 402. 

Effect of amendment. — The board for- 
merly elected a president rather than a 
chairman. 

§ 22-357. Trustees to make annual report. 

The board of trustees shall meet annually at the call of the chairman of the board 
and at such meeting shall prepare and present to the General Assembly a report 
on the condition of the college and of their receipts and expenditures for the pre- 

57 



§ 22-359 Code; of Laws of South Carolina § 22-366- 

ceding year and shall also prepare for presentation to the General Assembly an 
estimate of the sum required for the maintenance of the college for the next suc- 
ceeding year. 

1942 Code § 5799; 1932 Code § 5799; Civ. C. '22 § 2818: 1913 (28) 188; 1953 (48) 402. 

Effect of amendment. — The chairman 
who calls the meeting was formerly called 
the president. 

§ 22-359. Additional scholarships. 

There are hereby established at The Medical College of South Carolina eight 
scholarships to be granted by the board of trustees of The Medical College, one 
to an applicant from each of the six congressional districts in this State and two 
to applicants from the State at large in any of the four medical classes, such scholar- 
ships, however, to be granted only to applicants who shall be acceptable under the 
regular rules and procedure for admission to the college. Each of- such scholarships 
shall include and provide free tuition, plus the sum of seventy-five dollars per 
month for the eight months, October to May inclusive, comprising the usual col- 
lege session. The award of such scholarships shall be made by the committee on 
entrance, standing and deficiencies of The Medical College and based upon the 
scholastic records of the applicants. Each successful applicant, upon being notified 
of the award of such a scholarship and before entering upon his or her course of 
study or attendance at The Medical College thereunder, shall enter into a written 
contract with the board of trustees that following a one-year hospital internship 
after graduation he will do private general medical practice during one calendar 
year for each scholarship year in a rural community to be designated by the State 
Board of Health or in lieu thereof shall practice in a State medical institution 
designated by the Board of Health. 

1948 (45) 1966; 1952 (47) 1875. 

Effect of amendment. — The name of the 
institution was formerly The Medical Col- 
lege of the State of South Carolina. 

§ 22-364. Rules governing admissions not changed hereby. 

Nothing contained in §§ 22-359 to 22-363 shall be construed to alter in any 
manner the law, rules or regulations governing admissions of students to The 
Medical College of South Carolina and all admissions of beneficiaries of scholar- 
ships under said sections shall be likewise subject to approval by the admitting 
authorities in the same manner as otherwise provided by law. 

1948 (45) 1966; 1952 (47) 1875. 

Effect of amendment. — The name of the 
institution was formerly The Medical Col- 
lege of the State of South Carolina. 

§ 22-365. School of dentistry established at medical college. 

In addition to the present facilities, activities and schools of The Medical College 
of South Carolina, there is hereby created and established a four year school of 
dentistry, to be located in Charleston, as a part of the medical college and to be 
known as The School of Dentistry of The Medical College of South Carolina. The 
board of trustees of the college may commence the operation of such a school as 
soon as practicable. 
1953 (48) 320. 

§ 22-366. Trustees may use funds to construct buildings. 

The board of trustees of the medical college shall use the funds which may be 
appropriated to construct buildings and additions to existing buildings to house 
and equip the school of dentistry, such buildings and equipment to be of such type 
and character as the board of trustees shall determine. 
1953 (48) 320. 

58 



§ 22-367 1954 Cumulative Supplement § 22-554 

§ 22-367. Standards for school of dentistry. 

The board of trustees may set, establish and maintain for the school of dentistry 
standards of scholarship and teaching which shall be in accord with standards 
approved by the council of dental education of the American Dental Association 
and perform all acts and functions necessarv to carrv on the school. 
1953 (48) 320. 

§ 22-368. Operation of school; staff. 

The trustees of The Medical College of South Carolina shall operate the school 
and provide a staff of teachers and instructors and a dean who shall report direct 
to the president of The Medical College of South Carolina. 
1953 (48) 320. 

CHAPTER 9. 
John De La Howe School. 

Sec. 

22-510.1. Improved forestry practice. 

§ 22-510.1. Improved forestry practice. 

The trustees of the John De La Howe School may carry out an improved forestry 
practice on the timber holdings of the school property and apply the revenues de- 
rived therefrom for the further improvement and development of the school forest 
lands and for other school purposes. 

1953 (48) 439. 

CHAPTER 10. 

South Carolina State College. 

Sec. Sec. 

22-551. Establishment. 22-555. General powers of board. 

22-552. Trustees. 22-556. Buildings; courses of study, etc.; 

22-554. Take over property of Claflin instructors to be negroes. 

College. 22-557. One-half of land script fund vested 

22-554.1. College to be separate from Claflin in trustees. 

University, etc. 

§ 22-551. Establishment. 

There shall be established within this State a normal, industrial, agricultural and 
mechanical college for the higher education of the colored youth of the State and 
such college shall be known as South Carolina State College. 

1942 Code § 5800; 1932 Code § 5800; Civ. C. '22 § 2819; Civ. C. '12 § 1879; Civ. C. '02 
§ 1293; 1896 (22) 174; 1954(48)1722. 

. Effect of amendment. — The amendment of South Carolina to South Carolina State 
changed name of Colored Normal, Indus- College, 
trial, Agricultural and Mechanical College 

§ 22-552. Trustees. 

The College shall be under the management and control of a board of trustees, 
composed of seven members, six of whom shall be elected by the General As- 
sembly, whose term of office shall be six years, those first elected having been 
elected for terms of two, four and six years, so that two of them go out of office 
every two years. The Governor of the State shall be ex-officio the seventh mem- 
ber of the board. 

1942 Code § 5800; 1932 Code § 5800; Civ. C. '22 § 2819; Civ. C. '12 § 1879; Civ. C. '02 
§ 1293; 1896 (22) 174; 1954(48)1722. 

Effect of amendment. — The amendment of South Carolina to South Carolina State 
changed name of Colored Normal, Indus- College. The section has been edited to 
trial, Agricultural and Mechanical College eliminate surplusage. 

§ 22-554. Take over property of Claflin College. 

The board of trustees of the College may take charge of. manage and control 
all of the real and personal property belonging to Claflin College, in whosoever 

59 



§ 22-554.1 Code; of Laws op South Carolina § 22-557 

hands or custody the same may be now or hereafter found, and shall hold the 
same in trust for the benefit and uses of the College. 

1942 Code § 5801; 1932 Code § 5801; Civ. C. '22 § 2820; Civ. C. '12 § 1880; Civ. C. '02 
§ 1294; 1896 (22) 174; 1954 (48) 1722. 

Effect of amendment. — The amendment of South Carolina to South Carolina State 

changed name of Colored Normal, Indus- College. The section has heen edited to 

trial. Agricultural and Mechanical College eliminate surplusage. 

§ 22-554.1. College to be separate from Claflin University, etc. 

The College shall forever be, and remain, free and separate from Claflin Uni- 
versity and other colleges, schools or other institutions which are wholly or in 
part under the direction or control of any church or religious or sectarian denomi- 
nation or society. 

1942 Code § 5802; 1932 Code § 5802; Civ. C. '22 § 2821; Civ. C. '12 § 1881; Civ. C. '02 
§ 1295; 1896 (22) 174; 1909 (26) 213; 1954 (48) 1722. 

Effect of amendment. — The amendment of South Carolina to South Carolina State 
changed name of Colored Normal, Indus- College. The section has heen edited to 
trial, Agricultural and Mechanical College eliminate surplusage. 

§ 22-555. General powers of board. 

In the management of affairs of the college whenever it is found necessary to 
protect or to promote the interests of the State or whenever the trustees deem it 
right, proper or expedient for any reason the trustees may sell, purchase or ex- 
change real estate. And the trustees shall fix the time and duration of all vaca- 
tions to be given the students of the institution. The College shall have all the 
rights and privileges possessed prior to March 3 1896 by Claflin College. 

1942 Code § 5802; 1932 Code § 5802; Civ. C. '22 § 2821; Civ. C. '12 § 1881; Civ. C. '02 
§ 1295; 1896 (22) 174; 1909 (26) 213; 1954 (48) 1722. 

Effect of amendment. — The amendment of South Carolina to South Carolina State 
changed name of Colored Normal, Indus- College. The section has heen edited to 
trial, Agricultural and Mechanical College eliminate surplusage. 

§ 22-558. Buildings; courses of study, etc.; instructors to be negroes. 

The board may provide all necessary suitable buildings upon a proper site for 
the purpose, establish a course of study covering the normal, industrial, agricul- 
tural and mechanical sciences, provide the necessary appliances for proper instruc- 
tion in the same and select a proper corps of professors and instructors and fix 
their salaries. The principal or president and the corps of instructors shall be of 
the negro race. 

1942 Code § 5803; 1932 Code § 5803; Civ. C. '22 § 2822; Civ. C. '12 § 1882; Civ. C. '02 
§ 1296; 1896 (22) 174; 1954 (48) 1722. 

Effect of amendment. — The amendment of South Carolina to South Carolina State 
changed name of Colored Normal, Indus- College. The section has been edited to 
trial, Agricultural and Mechanical College eliminate surplusage. 

§ 22-557. One-half of land scrip fund vested in trustees. 

One-half of the fund known as the land scrip fund, to wit : ninety-five thousand 
and nine hundred dollars, shall be for the benefit of the College and shall be a 
perpetual fund, which shall forever remain undiminished, and the board may use 
the income thereon, to wit : six percent per annum, payable semi-annually, from 
July 1 1889 for the use and maintenance of the college. 

1942 Code § 5805; 1932 Code § 5805; Civ. C. '22 § 2824; Civ. C. '12 § 1884; Civ. C. '02 
§ 1298; 1889 (20) 299; 1868 (14) 169; 1879 (17) 86; 1896 (22) 173; Const. Art. 11 § 8; 1954 
(48) 1722. 

Effect of amendment. — The amendment of South Carolina to South Carolina State 
changed name of Colored Normal, Indus- College. The section has been edited to 
trial, Agricultural and Mechanical College eliminate surplusage. 



60 



§ 23-1 1954 Cumulative Supplement § 23-115 

Title 23. 
Elections. 

Chap. 1. General Provisions, § 23-7. 

3. Polling Precincts and Voting Places, §§ 23-155 to 23-197. 

4. Political Parties, Committees, Conventions, Nominations Other Than 

By Primary, Etc., §§ 23-256 to 23-265.1. 

5. Conduct by Elections, §§ 23-372 to 23-376. 

6.1. Voting by Members of Armed Forces, etc., §§ 23-441 to 23-441.21. 

CHAPTER 1. 
General Provisions. 

Sec. 

23-7. Liability of radio station for defam- 
atory statement of candidate. 

§ 23-1. Short title. 

Where Act No. 390 of 1953, 48 Stat. 692, was patent error, but notice was more than 

providing for election in Anderson County substantial compliance with statute, which 

for issuance of bonds, required election to suffices in absence, as here, of any showing 

be conducted in accord with provisions of that anyone was misled by the manifest and 

this title, use of "Section" instead of "Title" inconsequential mistake. Bolt v. Cobb, .... 

in notice of election in referring to this title S. C , 82 S. E. 2d 789 (1954). 

§ 23-7. Liability of radio station for defamatory statement of candidate. 

The owner, licensee or operator of a visual or sound radio broadcasting station 
or network of stations and the agents and employees of any such owner, licensee 
or operator shall not be liable for any damages for any defamatory statement pub- 
lished or uttered in or as a part of a visual or sound radio broadcast by a candi- 
date for political office in those instances in which, under the acts of Congress or 
the rules and regulations of the Federal Communications Commission, the broad- 
casting station or network is prohibited from censoring the material broadcast by 
such candidate, if the owner, licensee or operator shall have caused to be made at 
the conclusion of the broadcast the following announcement in substance : "The 
broadcast you have just heard was not censored in accord with the immunity from 
censorship extended legally qualified political candidates." 

1952 (47) 1939. 

CHAPTER 2. 
Qualifications and Registration oe Electors. 

Article 2. 
Requirement of and Qualifications for Registration. 
§ 23-63. Opening registration books at courthouse. 

Cross reference. — The reference in the books in municipal elections, see §§ 23-111 
original should read: "As to registration to 23-118." 

Article 4. 
Special Provisions for Municipal Elections. 
§ 23-115. Vacancies. 

Editor's note. — The reference to § 23- 
112 in the second line in the original 
should be to § 23-114. 

VOLUME 3 61 



§ 23-155 Com; of Laws of South Carolina § 23-176 

CHAPTER 3. 
Polling Precincts and Voting Places. 

Article 1. 

Location of Precincts and Voting Places. 

Article 1. Sec. 

Locations of Precincts and Voting Places. 23-183. Same; in Laurens County. 

Sec. 23-185. Same; in Lexington County 
23-155. Same 



in Aiken County. 23-186. Same; in McCormick County, 

in Fairfield County. 23-191. Same; in Orangeburg County. 

in Greenville County. 23-193. Same; in Richland County, 

in Horry County. 23-197. Same; in Union County, 
in Lancaster County. 



23-173. Same 

23-176. Same 

23-179. Same 

23-182. Same 

§ 23-155. Same; in Aiken County. 

In Aiken County there shall he the following voting precincts: East Aiken; 
West Aiken ; Bath ; Belvedere ; Beach Island ; Carolina Heights ; Chinquapin ; 
Clearwater No. 1; Clearwater No, 2; Eureka; Gloverville ; Graniteville ; Jackson; 
Langley ; McTier ; Millbrook No. 1 ; Millbrook No. 2 ; Montmorenci ; Monetta ; 
New Ellenton ; New Holland ; North Augusta ; Oak Grove ; Perry ; Rocky Springs ; 
Salley ; Seivern ; Shiloh ; Shaw's Fork ; Tabernacle ; Vaucluse ; Ward No. 1 ; 
Ward No. 2 ; Wagener ; Warrenville ; White Pond ; and Windsor. 

1950 (46) 2414; 1954 (48) 1839. 

Effect of amendment. — The amendment 
omitted "Ellenton" and added "New Ellen- 
ton". 

§ 23-173. Same ; in Fairfield County. 

In Fairfield County there shall be the following voting precincts : Centerville ; 
Feasterville ; Mitford ; Horeb ; Monticello ; Ridgeway ; Winnsboro ; Woodward ; 
Longtown; Greenbrier; Lebanon; Jenkinsville ; Winnsboro Mills Precinct No. 1; 
Winnsboro Mills Precinct No. 2 ; New Hope ; Blairs ; Shelton ; Gladden Grove ; 
Hickory Ridge ; White Oak ; Simpson ; Blackstock ; and Mossy Dale. 

1950 (46) 2414; 1954 (48) 1553. 

Effect of amendment. — The amendment 
omitted "Jackson Creek" and added "Leb- 
anon". 

§ 23-176. Same ; in Greenville County. 

In Greenville County there shall be the following voting precincts : American 
Spinning at or near school ; Armstrong at or near school ; Bates Old Field at 
or near McDaniel's Store ; Batesville at or near Green's Store ; Bellevue at Belle- 
vue Grocery ; Berea at Berea high school ; Bessie at Charles' Store ; Brandon at 
Boy Scout Hall ; City View at City View Water office ; Conestee at Conestee 
Hall; Duncan at Recreation Hall; East Dunklin at Knight's Store; East Gantt 
at East Gantt school ; East View at East View school ; Ebenezer-Welcome at 
Ebenezer-Welcome school ; Fairview at the Stock Show Grounds ; Flat Rock 
at Flat Rock school ; Fork Shoals at Fork Shoals high school ; Fountain Inn 
at the Library building ; Fountain Inn Mill at the Mill Canteen ; Gilreath's Store 
at Gilreath's store ; Golden Grove at Freeman's store ; Gowanville at Pitts' store ; 
Ward 1 at the Fire Department at Greer City Hall building ; Ward 2 at or near 
Bridwell's building on South Main St. in Greer ; Ward 3 at C. & D. Chevrolet 
building in Greer ; Ward 4 at Robinson's Pure Oil Station in Greer ; Ward 5 at 
the high school building in Greer ; Ward 6 at Hollifield's Studebaker building ill 
Greer ; Greer Mill at the Community Building ; Highland at Highland school ; 
Hillside at Hillside school ; Hopewell at Hopewell school ; Jennings Mill at Hart 
Valley Ranch ; Jonesville at Jonesville school ; Judson Mill a t Judson school ; 
Laurel Creek at Laurel Creek school ; Leawood at Batson's Service Station ; 

62 



§ 23-179 1954 Cumulative Supplement § 23-182 

Lebanon at Lebanon school ; Lima at Lima school ; Locust at Locust school ; Mari- 
dell at Maridell school ; Marietta at Marietta school ; Mauldin at Mauldin school ; 
Merrittsville at Poole's store ; Mills Mill at The Mill ; Mission at Mission school ; 
Monaghan at the YMCA; Montague at Watkins store; Mt. Lebanon at Mt. 
Lebanon school ; Mt. View at Mt. View school ; Old Hundred at Old Hundred 
school ; O'Neal at Few's store ; Paris at Paris school ; Paris Mountain at Paris 
Mountain Grocery store ; Park Place at Park Place school ; Piedmont at Beattie 
Hall ; Piedmont Park at Paris school ; Pike's store at Oak Grove school ; Pleasant 
Grove at Pleasant Grove school ; Poe Mill at Poe Mill school ; Ready Fork at 
Moonville Mercantile Co. ; Rehobeth at Rehobeth school ; Rock Hill at Rock Hill 
schoolhouse ; Reid's at Reid's schoolhouse ; Sandy Flat at Sandy Flat schoolhouse ; 
San Souci at Buncombe and Perry Roads ; Simpsonville at Simpsonville high 
schoolhouse ; Simpsonville Mill at Cole's store ; Slater at the Mill ; Southern 
Bleachery at Taylor's Drugstore ; St. Albans at Thackston's store ; Stewart's Acad- 
emy at Stewart's Academy schoolhouse ; Taylor's at Loftis Mercantile Co. ; Tiger- 
ville at Wood's store ; Travelers Rest at Coleman Motor Co. ; Union Bleachery at 
Community Bldg. ; Wares at Ridgeway's store ; Welcome at Welcome school ; 
West Dunklin at Cothran's store ; West Gantt at West Gantt high school ; West 
View at West View school ; Westville at Westville school ; Woodside at the Com- 
munity Bldg. ; Woodville at Alberson's store ; Ward 1 Box 1 at or near Sears 
Shelter, on East Park Avenue ; Ward 1 Box 2 at or near Summitt Street School ; 
Ward 1 Box 3 at or near Stone School ; Ward 2 Box 1 at or near C & C Grocery 
Co., on East North Street ; Ward 2 Box 2 at or near Leake Brothers Dairy on 
Laurens Road ; Ward 2 Box 3 at or near the intersection of Highway Bypass 29 
and Super Highway ; Ward 3 Box 1 at or near Easterby Motor Company at West 
Washington and Hudson Streets ; Ward 3 Box 2 at or near Greenville Auto Sales 
Co., Inc., at Church Street and East McBee Avenue; Ward 3 Box 3 at or near 
Graham School on Choice Street ; Ward 4 Box 1 at or near Fire Station at Au- 
gusta Road and East Faris Road ; Ward 4 Box 2 at or near Augusta Circle school ; 
Ward 4 Box 3 at or near Payne's Dairy on the Augusta Road ; Ward 4 Box 4 
at or near Lewis Plaza or Campbell's Pharmacy ; Ward 5 Box 1 at or near Fire 
Station at Pendleton Street and Markley Street ; Ward 5 Box 2 at or near West 
Greenville Recreation Center ; Ward 5 Box 3 at or near Poinsett Mill ; Ward 5 
Box 4 at or near Pendleton Street Drug Store near Willis Street ; Ward 6 Box 
1 at or near University Soda Shop on Cleveland Street ; Ward 6 Box 2 at or near 
Collin's Motor Company on Augusta Street ; Lenoah at or near Lenoah School ; 
and Pleasant Hill at Pleasant Hill School. 

1950 (46) 2414; 1951 (47) 96; 1952 (47) 2124; 1953 (48) 451. 

Effect of amendments. — The 1952 amend- 3, Box 3, apparently in the city of Green- 
ment omitted Greer Box 1, Greer Box 2, ville. And it changed the location of a few 
Greer Box 3 and Greer Box 4 and added of the polling places. The 1953 amendment 
Ward 1, Ward 2, Ward 3, Ward 4, Ward 5 omitted Poinsett at Poinsett Mill and added 
and Ward 6, in Greer. It also added Ward a number of boxes in Greenville. 

§ 23-179. Same ; in Horry County. 

* * * and Crescent Beach. 

1950 (46) 2414; 1954 (48) 1532. 

Effect of amendment. — Crescent Beach 
precinct added by the amendment. The sec- 
tion remains as it was with above addition. 

§ 23-182. Same; in Lancaster County. 

In Lancaster County there shall be the following voting precincts : Antioch ; Bel- 
aire ; Bell Town ; Camp Creek ; Carmel ; Charlesboro ; Chesterfield Avenue ; Cren- 
shaw ; Dixie ; Douglas ; Dwight ; Elgin ; Schoolhouse at Erwin Farm ; Flat Creek ; 
Flint Ridge ; Fork Hill ; Gooch's Cross Road ; Haile Gold Mine ; Heath Springs ; 
Hyde Park ; Jacksonham ; Kershaw Mill ; Kershaw ; E. Lancaster ; W. Lancaster ; 
Linwood Drive ; Midway ; Oak Ridge ; Osceola ; New Bethel ; Pleasant Hill ; Pleas- 

63 



§ 23-183 Cods of Laws of South Carolina § 23-191 

ant Valley ; Primus ; Rich Hill ; Riverside ; Springs Mill No. 1 ; Springs Mill No. 
2 ; Tabernacle ; Tank ; Taxahaw ; Tradesville ; Union ; Unity ; Van Wyck ; Welsh's ; 
White Bluff ; and Wylie Park. 

1950 (46) 2414; 1954 (48) 1438. 

Effect of amendment. — The amendment 
added "Schoolhouse at Erwin Farm". 

§ 23-183. Same; in Laurens County. 

In Laurens County there shall be the following precincts outside of the city of 
Laurens: Jones Store; Hopewell; Dials; Lanford; Woodville; Joanna; Mountville ; 
Youngs ; Poplar Springs ; Waterloo ; Hickory Tavern ; Brewerton at the school 
building ; Merna at Z. C. Reeves' store ; Ekom ; Gray Court ; Cross Hill ; Trinity 
Ridge ; Barksdale-Narnie ; Stewart's store ; Cooks store at Bethany Schoolhouse ; 
Clinton Mill ; Clinton ; Baileys ; Daniel's store ; Grays ; Lydia Mill ; Long Branch ; 
Mt. Pleasant ; Ora ; Shady Grove ; Tip Top ; Mt. Olive at the school building ; 
Watts Mills ; Owings ; Shiloh ; Pleasant Mound ; Princeton ; and Renno. In the city 
of Laurens there shall be the following precincts: Ward No. 1, Ward No. 2, Ward 
No. 3, Ward No. 4, Ward No. 5 and Ward No. 6. Boxes for these city wards shall 
be located in the ward or within a radius of one hundred fifty yards of the county 
courthouse. Voters residing out of the city limits who formerly voted at the Lau- 
rens City precinct shall vote at Ward No. 1 precinct and said place for voting 
shall be in courthouse at Laurens. Voters who formerly voted at Laurens Mill 
precinct shall vote at Ward No. 3 precinct. Registration certificates issued for any 
former precincts shall be valid in the new precinct where the voter is entitled to 
vote and the managers of election shall endorse the new precinct on such certifi- 
cate when the voter produces it for the purpose of voting. 

1950 (46) 2414; 1953 (48) 191. 

Effect of amendment. — The amendment 
omitted Laurens and Laurens Mill and 
added the last four sentences. 

§ 23-185. Same ; in Lexington County. 

In Lexington County there shall be the following voting precincts: Batesburg; 
Boiling Springs; Boylston ; Brook; Cayce; Chalk Hill; Chapin ; Climax; Con- 
garee ; Crabs store ; Cromer ; Edmund ; Fairview ; Gaston ; Gilbert ; Hollow Creek ; 
Hooks store ; Irmo ; Leesville ; Lexington No. 1 ; Lexington No. 2 ; Minis ; New- 
berg ; Oak Grove ; Pelion ; Pine Ridge ; Piney Wood's ; Pool's Mill ; Poplar Springs ; 
Pond Branch ; Red Bank ; Ridge Road ; St. Matthews ; Samaria ; Sandy Run ; 
Sharpe's Hill ; Steadman ; Summit ; Swansea ; West Columbia Ward No. 1 ; West 
Columbia Ward No. 2 ; West Columbia Ward No. 3 and West Columbia Ward 
No. 4. 

1950 (46) 2414, 2529; 1953 (48) 295; 1954 (48) 1563. 

Effect of amendments. — The 1953 amend- The 1954 amendment changed "Lexing- 

ment omitted "West Columbia No. 1" and ton" to "Lexington No. 1", added "Lexing- 
"West Columbia No. 2" and added the last ton No. 2" and eliminated "Macedonia", 
four voting precincts. 

§ 23-186. Same ; in McCormick County. 

In McCormick County there shall be the following voting precincts : McCor- 
mick No. 1 ; McCormick No. 2 ; Mt. Carmel ; Plum Branch ; Talbert's store ; Re- 
hobeth ; Wilmington ; Clatworthy ; Clarks Hill ; Parksville ; White Town ; Bethany ; 
Bell's store ; Youngs ; Bordeaux ; and Modoc. 

1950 (46) 2414; 1953 (48) 54. 

Effect of amendment. — The amendment 
eliminated a voting precinct that was 
formerly at Lyons. 

§ 23-191. Same ; in Orangeburg County. 

In Orangeburg County there shall be the following voting precincts: Ward 
I, Area west of Green and Church Streets and north of Russell Street ; Ward 

64 



§ 23-193 1954 Cumulative Supplement § 23-197 

II, Area south of Russell Street and west of Middleton Street and Rowe Street; 
Ward III, Area north of Russell Street and east of Church and Green Streets ; 
Ward IV, Area east of Middleton and Rowe Streets and south of Russell 
Street ; Ward V, Area east of Southern Railway Track ; Suburban No. 1 ; 
Suburban No. 2; Suburban No. 3, to include the area heretofore forming a part 
of Suburban No. 1 lying north of the present limits of the city of Orangeburg 
and west of the track of the Southern Railway Company, with voting place at 
or near Silcox's Store, which shall be separated from the Jamison precinct by the 
arc of a circle, the radius of which is two miles in length and the center of which 
is the center of the city of Orangeburg ; Bethel ; Bethlehem ; Bolen ; Bowman ; North 
Branchville and South Branchville, the division line between which shall be the 
Charleston and Augusta Railway ; Cattle Creek ; Cow Castle ; Cope ; Dry Swamp ; 
East Cow Castle ; East Orange ; Edisto ; Elloree and West Elloree, the division be- 
tween which shall be the Atlantic Coast Line Railroad track; Eutawville; Holly 
Hill No. 1 and Holly Hill No. 2, the division between which shall be U. S. 
Highway No. 176 beginning at Dean Swamp and following U. S. Highway 
No. 176 west through the Town of Holly Hill and to the junction with the 
Camden Road and then following the Camden Road north to township limits ; 
Jamison ; Limestone ; Livingston ; Middlepen ; Neeses ; Norway ; North No. 1 
and North No. 2, the division between which shall be the Seaboard Railroad 
right of way ; Pine Hill ; Providence ; North Providence ; Rowesville ; Sawyer- 
dale ; Springfield No. 1, being the area south of State Highway No. 4 from 
Rocky Swamp Creek to the Aiken County Line ; Springfield No. 2, being the 
area north of State Highway No. 4 from Rocky Swamp Creek to the Aiken 
County Line ; Hillman ; Trinity ; Two Mile Swamp ; Vance ; Woodford and Zion. 
1950 (46) 2414; 1952 (47) 2025; 1954 (48) 1730. 

Effect of amendments. — The 1953 amend- "east" in describing area for ward IV in 
ment added Suburban No. 3 as a new pre- Orangeburg and further described area for 
cinct. Suburban No. 3. 

The 1954 amendment changed "west" to 

§ 23-193. Same ; in Richland County. 

In Richland County there shall be the following voting precincts : Arcadia ; Arden ; 
Ballentine ; Bear Creek ; Bellview ; Blythewood ; Brown's Chapel ; College Place ; 
Colonial Heights ; Denny Terrace ; Dentsville ; Eastover ; Eau Claire ; Edgewood ; 
Folk ; Gadsden ; Garner ; Hampton ; Holly Grove ; Hopkins ; Horrell Hill No. 1 ; 
Horrell Hill No. 2; Killian ; Koon's Store; Lake View; Lykesland No. 1 ; Lykes- 
land No. 2 ; Midway ; Olympia ; Pontiac No. 1 ; Pontiac No. 2 ; Ridgewood ; Sligh ; 
St. Andrews ; Spring Hill ; Summerville ; Wayside ; Columbia Ward No. 1 ; Co- 
lumbia Ward No. 2 ; Columbia Ward No. 3 ; Columbia Ward No. 4 ; Columbia 
Ward No. 5 ; Columbia Ward No. 6 ; Columbia Ward No. 7 ; Columbia Ward No. 
8; Columbia Ward No. 9; Columbia W'ard No. 10; Columbia Ward No. 11; 
Columbia Ward No. 12; Columbia Ward No. 13; Columbia Ward No. 14; Co- 
lumbia Ward No. 15; Columbia Ward No. 16; Columbia Ward No. 17; and 
Columbia Ward No. 18. 

1950 (46) 2414; 1954 (48) 1558, 1781. 

Effect of amendments. — The first amend- second amendment 1954 p. 1781. changed 
ment, 1954 p. 1558, transferred certain area "Lykesland" to "Lykesland No. 1", added 
from Koon's Store precinct to Killian pre- "Lykesland No. 2" and omitted "Mill 
cinct. See § 1 of said act for such area. Tbe Creek". 

§ 23-197. Same ; in Union County. 

In Union County there shall be the following voting precincts: Adamsburg; 
Black Rock ; Bonham ; Buffalo No. 1 ; Buffalo No. 2 ; Carlisle ; Coleraine ; Cross 
Keys ; Excelsior Mill ; Gibbs ; Jonesville No. 1 ; Jonesville No. 2 ; Kelton ; Lock- 
hart No. 1 ; Lockhart No. 2 ; Meadows ; Monarch No. 1 ; Monarch No. 2 ; Ot- 
taray ; Parham ; Putman ; Santuc ; Sedalia ; Union Ward No. 1 ; Union Ward No. 

65 



§ 23-256 Code of Laws of South Carolina § 23-259 

2 ; Union Ward No. 3 ; Union Ward No. 4, Precinct No. 1 ; Union Ward 4, Pre- 
cinct No. 2 ; West Springs ; and Wilburn's Store. 

1950 (46) 2414; 1951 (47) 361; 1953 (48) 140. 

Effect of amendment. — The amendment 
added Bonham. 

CHAPTER 4. 

Political Parties, Committees, Conventions, Nominations Other 
than by Primaries, etc. 

Sec. Sec. 

23-256. Meetings of Club. 23-262. State Conventions. 

23-258. County Committee. 23-265.1. Same; special provisions for Rich- 

23-259. County Conventions; time and dele- land County, 

gates. 

§ 23-256. Meeting's of clubs. 

The president and five members may call all special meetings of the club (except 
for reorganization, provided for in the succeeding paragraph) and at all special 
meetings one-tenth of the members shall be necessary to constitute a quorum for the 
transaction of business. At least forty-eight hours' public notice of all special 
meetings shall be given. 

The clubs shall meet at the usual place of meeting at three o'clock P.M., on 
the fourth Saturday in February of each general election year for reorganization. 
But the county chairman may name any day, time and place within the same week 
for such club meeting by giving at least one week's notice by advertisement in one 
or more county papers. In case any existing club shall fail to reorganize on the day 
fixed the county chairman may fix a day for such club to meet for reorganization 
by giving two weeks' notice. 
' 1950 (46) 2059; 1954 (48) 1447. 

Effect of amendment. — The amendment 
changed "March" to "February" in first 
sentence of second paragraph. 

§ 23-258. County committee. 

The clubs in each county shall be held together and operate under the control 
of a county committee, which shall consist of one member from each club to be 
elected by the club. The committee, when elected, shall appoint its own officers 
(except the chairman, who shall be elected by the county convention) who shall 
not necessarily be members of the committee. A vacancy in the membership of the 
committee shall be filled by the club through the loss of whose member by death, 
resignation or otherwise the vacancy occurs, except that if the office of the county 
chairman shall become vacant by death, resignation or otherwise the committee may 
fill the vacancy by electing a chairman to serve until the organization of the next 
regular county convention. An officer of the county committee who is not a member 
of the committee shall not be entitled to vote on any question, except the chairman 
and then only in case of a tie vote. The tenure of office of the committee shall be 
until the first Monday in March in each general election vear. 

1950 (46) 2059, 2442; 1954 (48) 1447. 

Effect of amendments — The amendment 
changed "April" to "March" in last sen- 
tence. 

§ 23-259. County conventions; time and delegates. 

Every general election year county conventions shall be called by the county 
committee to meet on the first Monday in March at the county seat. The convention 
shall be composed of delegates elected from the clubs in the county, one delegate for 
every twenty-five members and major fraction thereof, based upon the number of 
votes polled in the first primary of the preceding general election year. The lists of 

66 



§ 23-262 1954 Cumulative Supplement § 23-265.1 

delegates certified to by the president and secretary of each club shall constitute the 
temporary roll of the county convention. 

1950 (46) 2059; 1954 (48) 1447. 

Effect of amendment. — The amendment 
changed "April" to "March" in first sen- 
tence. 

§ 23-262. State convention. 

The State convention shall meet at Columbia every general election year during 
March at a time fixed by the State Committee and announced publicly at least ten 
days before the meeting. The convention shall be composed of delegates elected by 
the county conventions, each county to be entitled to as many delegates as double 
the number of members in the General Assembly from the county. When the State 
convention assembles, it shall be called to order by the chairman of the State 
committee. A temporary president shall be nominated and elected by the convention 
and after its organization the convention shall proceed immediately to the election 
of permanent officers and to the transaction of business. When the business has 
concluded, it shall adjourn sine die, or may recess. But the State chairman may 
recall the State convention into special session at any time he deems wise. 

The officers of the State convention shall be a president, vice-president, two 
secretaries and a treasurer. Each county delegation to a State convention may fill 
any vacancies therein. Any count)' failing or refusing to organize under the pro- 
visions of this Title shall not have representation in the State convention. 

1950 (46) 2059; 1954 (48) 1447. 

Effect of amendment. — The amendment same. Change occurred only in first sen- 
omitted a fixed time for state conventions tence. 
and authoVized State Committee to fix 

§ 23-263. How candidates nominated. 

Nomination contemplated under this ti- not of the general election. Glasscock 
tie is the result of a primary, convention, v. Bradford, 218 S. C. 458, 63 S. C. (2d) 
executive committee action or petition, and 166 (1951). 

§ 23-265.1. Same; special provisions for Richland County. 

In Richland County every candidate in a municipal election, general, special 
or primary, shall make the following pledge and file it with the city clerk or 
comparable official of the municipality in which he is a candidate : "I, the under- 
signed , of the city or town of , county of Rich- 
land, State of South Carolina, candidate for the office of , hereby 

pledge that I will not give money or use intoxicating liquors for the purpose of 
obtaining or influencing votes and that I shall, at the conclusion of the campaign 
and before the election, render to the city clerk (or comparable official), un- 
der oath, an itemized statement of all moneys spent or provided by me during 
the campaign for campaign purposes up to that time ; and I further pledge that 
I will immediately after the election render an itemized statement, under oath, 
showing all further moneys spent or provided by me in said election." 

A failure to comply with this provision shall render such election null and 
void, in so far as concerns the candidate who fails to file the statement herein 
required, but shall not affect the validity of the election of any candidate comply- 
ing with this section. Such itemized statement and pledge shall be open to public 
inspection at all times. Any violation of the provisions of the pledge re- 
quired in this section shall be a misdemeanor and any person, upon conviction 
thereof, shall be fined not less than one hundred dollars nor more than five hun- 
dred dollars or be imprisoned at hard labor for not less than one month nor 
more than six months, or both such fine and imprisonment, in the discretion of 
the court. 

1952 (47) 1712. 

67 



§ 23-303 Code of Laws of South Carolina § 23-376 

CHAPTER 5. 
Conduct of Elections. 

Article 3. Sec. 

Provisions Applicable Only in Primary 23-376. Managers of Primaries. 

Elections. 
Sec._ 

23-372. Primary flection nomination of can- 
didates. 

Article 1. 
Provisions Applicable to General and Special Elections Only. 
§ 23-303. When general election for certain county officers held. 

Cross reference. — As to election of sher- Applied in Brown v. Moseley, 222 S. 

iff in Kershaw County, see § 53-52 and the C. 1. 71 S. E. (2d) 591 (1952). 
note thereto. 

§ 23-313. Candidates nominated by petition. 

Applied in Glasscock v. Bradford, 218 
S. C. 458, 63 S. E. (2d) 166 (1951). 

§ 23-318. Form of ballot when questions are submitted. 

Cited in Bolt v. Cobb, .... S. C , 

82 S. E. (2d) 789 (1954). 

§ 23-324. Write-ins to be in voter's handwriting. 

Rubber stamp may not be used in casting 
a write-in ballot. Atty. Gen. Op., Sept. 9, 

1954. 

Article 3. 
Provisions Applicable Only in Primary Elections. 

§ 23-372. Primary election nomination of candidates. 

In the event that a party shall nominate candidates by party primary election, 
a party primary election shall be held by such party on the second Tuesday in 
June of each general election year and a second and third primary election each 
two weeks successively thereafter, if necessary. The entries for those wishing to 
offer for nomination in such party primary for a statewide, congressional or district 
office which includes more than one county shall open at noon on the day after the 
day the State convention convenes and close at noon two weeks thereafter and the 
entries for those wishing to offer for nomination in such party primary for a 
countywide or less than countywide office shall open at noon 6n the day the county 
convention convenes and close at noon two weeks thereafter. If, after the closing 
of the time for filing pledges, there be not more than two candidates for any one 
office and one or more of such candidates dies or withdraws, the State or county 
committee, as the case may be, may, in its discretion, afford opportunity for the entry 
of other candidates for the office involved. 

1950 (46) 2059; 1954 (48) 1447. 

Effect of amendment. — The amendment 
changed "July" in first sentence to "June". 

§ 23-376. Managers of primaries. 

The county committee shall meet on or before the second Monday in May of 
each general election year and appoint the managers for the primaries. Three man- 
agers shall be appointed for each voting place and a clerk or clerks shall also be 
appointed for such voting places as the various county committees may determine. 
Three additional managers may be appointed for any polling place at which seven 
hundred and fifty or more registered electors are entitled to vote. The names 

68 



§ 23-441 1954 Cumulative Supplement § 23-441.2 

of all managers and clerks shall be published in one or more county newspapers 
at least two weeks before the election. 

1950 (46) 2059, 2442; 1954 (48) 1447. 

Effect of amendment. — The amendment 
changed "June" in first sentence to "May". 

CHAPTER 6.1. 
Voting by Members of Armed Forces, etc. 

Sec. Sec. 

23-441. Definitions. 23-441.12. Registration board to transmit 

23-441.1. Construction of chapter. list of registrants to commis- 

23-441.2. Who eligible to vote under chap- sioners of election. 

ter. 23-441.13. Mailing ballots to registrants. 

23-441.3. Secretary of State to furnish reg- 23-441.14. Envelopes containing ballots; 

istration cards; contents. printing on face and back. 

23-441.4. Requests for registration cards; 23-441.15. Marking of ballot by registrant; 

mailing cards. mailing. 

23-441.5. Record of cards, data, etc.; du- 23-441.16. Oath to be returned with ballot. 

plicate cards. 23-441.17. Commissioners to transmit en- 

23-441.6. Execution and return of card. velope to managers of election; 

23-441.7. Registration after return of card. deposit in ballot box; further 

23-441.8. Application for ballot; action procedure. 

thereon. 23-441.18. Absentee balloting in primary 

23-441.9. Registration valid for calendar and special elections. 

year. 23-441.19. County committees to act in pri- 

23-441.10. No registration after books mary elections. 

closed. 23-441.20. Responsibility of political parties. 

23-441.11. Preservation and destruction of 23-441.21. Secretary of State to carry out 

records. chapter and distribute forms. 

§ 23-441. Definitions. 

As used in this chapter : 

(1) The term "members of the Armed Forces of the United States" means 
members of the United States Army, the United States Navy, the United States 
Marine Corps, the United States Air Force, the United States Coast Guard or 
any of their respective components ; 

(2) The term ''members of the Merchant Marine of the United States" means 
all officers and men in the employment of the United States Maritime Service 
who are engaged on ships registered under the flag of the United States, except 
those persons employed on ships that are licensed for duty on the Great Lakes 
or the inland waterways of the United States ; and 

(3) The term "registration card" means the card described in § 23-441.3. 
1953 (48) 423. 

§ 23-441.1. Construction of chapter. 

This chapter shall be liberally construed in order to effectuate its purpose. 
1953 (48) 423. 

§ 23-441.2. Who eligible to vote under chapter. 

Every individual specified in the succeeding paragraph of this section who is 
absent from the place of his voting residence, but otherwise eligible to register 
and qualified to vote in any general election in the State, shall be entitled to vote 
in elections in accordance with the provisions of this chapter. 

The following individuals, if otherwise eligible under the preceding paragraph 
of this section, shall be entitled to vote in accordance with the provisions of this 
chapter : 

( 1 ) Members of the Armed Forces of the United States ; 

(2) Members of the Merchant Marine of the United States; 

69 



§ 23-441.3 Code of Laws of South Carolina § 23-441.3 

(3) Persons serving with the American Red Cross or with the United Service 
Organizations who are attached to and serving with the Armed Forces of the 
United States outside of the counties of their respective residences ; and 

(4) Members or employees of any department of the United States govern- 
ment serving overseas. 

1953 (48) 423. 

§ 23-441.3. Secretary of State to furnish registration cards; contents. 

Not later than six months nor earlier than eight months before each general 
election the Secretary of State shall have printed and shall furnish the board of 
registration of each county an adequate number of registration cards in the fol- 
lowing form, substituting in each case the appropriate calendar year for which 
the cards are printed : 

SERVICE ABSENTEE REGISTRATION FOR THE GENERAL 

ELECTION TO BE HELD , 19 . . 

County No 

READ CAREFULLY THE INSTRUCTIONS PRINTED ON THE 
REVERSE SIDE HEREOF BEFORE FILLING IN THIS 

CARD. 
I hereby swear (or affirm) that: 

(1) My full name is ; 

(2) I am a citizen of the United States and of the State of South Carolina; 

(3) The date of my birth was ; 

(4) As of , 19 . . , my home residence will have been in South 

Carolina for two years, in county for one year and in the 

precinct in which I am applying to be registered and in which I shall offer to 
vote for four months ; 

(5) I am not disqualified from voting because of a conviction of a criminal 
offense ; 

(6) I am (check appropriate blank) 

(A) in the Armed Forces of the United States ( ) ; 

(B) in the Merchant Marine of the United States ( ) ; 

(C) serving with the American Red Cross ( ) or with the United Service 
Organizations ( ) attached to and serving with the Armed Forces of the United 
States outside of the county of my residence in South Carolina ; 

(D) a member ( ) employee ( ) of the Department 

of the United States Government serving overseas ; 

(7) My home address is ; and 

(8) My service address is 

I request that I be registered so that I may vote in the elections to be held 
during this calendar year for which I am qualified. 



Signature of Applicant 
Sworn to and subscribed before me this day of , 19 . . . 



Officer Authorized to Administer Oath 
Title of Officer 



On the back of each card shall be printed the following : 

INSTRUCTIONS — This registration card must be filled out and returned, 
in the envelope accompanying it, to your county board of registration. All en- 
tries except your signature should be printed or typewritten. 

You are required to sign the card in the presence of an officer authorized to 
administer oaths. The following officers are authorized to administer the oath 
required on this registration card : a notary public of any state of the United 

70 



§ 23-441 A 1954 Cumulative Supplement § 23-441.7 

States ; United States Consuls ; your commanding officer ; and other officers au- 
thorized by law to administer oaths. 

Conviction of any of the following crimes disqualifies you from registering 
and voting : buglary, arson, obtaining goods or money under false pretenses, 
perjury, forgery, robbery, bribery, adultery, bigamy, wife-beating, housebreak- 
ing, receiving stolen goods, breach of trust with fraudulent intent, fornication, 
sodomy, incest, assault with intent to ravish, miscegenation, larceny and any 
crime against the election laws. Such disqualification may be removed only by 
the pardon of the Governor. 

Your registration by this card, if granted by your county board of registration, 
is valid only for the elections to be held during this calendar year. For elec- 
tions which are held in subsequent calendar years you must be registered again. 

IN ORDER TO BE REGISTERED THIS CARD MUST REACH YOUR 
COUNTY BOARD OF REGISTRATION NOT LATER THAN 
THIRTY DAYS BEFORE THE ELECTION. 

1953 (48) 423. 

§ 23-441.4. Requests for registration cards; mailing cards. 

Any person specified in § 23-441.2 or any relative or friend of such person 
may at any time request from the board of registration of the county of the 
residence of such person specified in § 23-441.2 a registration card and, in mak- 
ing such request, shall furnish the name and home address and service mailing 
address of such person. Application for an election ballot on any form provided 
members of the Armed Forces and members of the Merchant Marine by the 
Federal government shall be considered as a request for a registration card and 
the Secretary of State shall forward all such applications received by him to the 
board of registration of the proper county. Upon receipt of a request the board 
•of registration shall immediately mail a registration card, together with a return 
addressed envelope, to such person specified in § 23-441.2 at the service mailing 
address given ; but no registration card shall be mailed when it is obvious that 
there will not be sufficient time for the card to reach the person and be returned 
to the board of registration before the registration books are closed. 

1953 (48) 423. 

§ 23-441.5. Record of cards, data, etc.; duplicate cards. 

The board of registration shall number each registration card and keep a record 
hook in which shall be recorded the number of the card, the name, home address 
and service mailing address of the person for whom the registration card is re- 
quested, the name, address and relation, if any, of the person requesting the 
card, the date upon which the card is requested and the date upon which the 
card is mailed. For good cause the board may furnish a duplicate registration 
card, noting the fact in the record book. 

1953 (48) 423. 

§ 23-441.6. Execution and return of card. 

The person to whom the registration card is mailed shall complete the card 
and sign it before a notary public of any state of the United States, a United 
States Consul, his commanding officer or any officer authorized by law to ad- 
minister oaths. The card shall then be mailed to the proper board of registra- 
tion in the return addressed envelope accompanying the registration card. Upon 
the return of each registration card to the board, the board shall stamp or write 
thereon the date of its receipt. 

1953 (48) 423. 

§ 23-441.7. Registration after return of card. 

Upon the return of the registration card, properly completed and signed, to 
the board, the board shall consider the information upon the card and any other 

71 



§ 23-441.8 Code of Laws of South Carolina § 23-441.12 

information that it may have or obtain concerning the applicant and judge his 
legal qualifications for registration. If he is found to be entitled to registra- 
tion, the board shall enter his name in the registration book for his voting pre- 
cinct, noting after his name the words "Service Absentee Registration", the num- 
ber of the registration card and the year for which the registration is valid. Such 
entry shall constitute the registration of the applicant. 
1953 (48) 423. 

§ 23-441.8. Application for ballot; action thereon. 

Any person serving in the Armed Forces may submit to any registration board 
of this State (either direct or through the Secretary of State) a request for a 
ballot along with a sworn statement that he is serving in a capacity as defined in 
§ 23-441.2, giving the name and location of his precinct and, if possible, the 
number of his registration certificate. The registration board shall promptly, upon 
receipt of any such request, verify the facts stated in the sworn statement against 
the permanent records and if it is found that the applicant is registered shall file 
his request as if it were a registration card as provided in § 23-441.4. If no record 
of such applicant's registration is found such board shall immediately forward to 
such applicant a registration card as provided in § 23-441.4. In the case of any 
such person found to be so registered the board of registration shall insure his 
receipt of a ballot as herein provided for those receiving registration under the 
provisions of this chapter. 

1953 (48) 423. 

§ 23-441.9. Registration valid for calendar year. 

Each registration under the provisions of this chapter shall be valid only for 
the calendar year in which it is granted and shall allow the registrant to vote 
during that year only in any general, special or primary election. 

1953 (48) 423. 

§ 23-441.10. No registration after books closed. 

Nothing in this chapter shall be construed as allowing registration under the 
provisions of this chapter after the registration books have been closed as re- 
quired by § 23-66 of the 1952 Code and by § 11, Article II of the Constitution 
of South Carolina, 1895. 

1953 (48) 423. 

§ 23-441.11. Preservation and destruction of records. 

Each county board of registration shall preserve the record book required to 
be kept by § 23-441.5 and the registration cards of all applicants for registration 
until the end of the calendar year and until the time for contesting the elections 
shall have expired, at which time they shall be destroyed. But if any contest con- 
cerning the elections is then pending the record book and the cards shall not be 
destroyed until the final determination of the contest. 

1953 (48) 423. 

§ 23-441.12. Registration board to transmit list of registrants to commis- 
sioners of election. 

Immediately upon the closing of the registration books thirty days before each 
election the board of registration of each county shall transmit to the commis- 
sioners of election of the county or to the county committee for each political party 
of the county which makes a request therefor a list of the names of the persons 
who are registered for the particular election in the manner provided in § 23-441.7, 
together with their respective service mailing addresses, their respective voting 
precincts and the numbers of their respective registration cards. 

1953 (48) 423. 

72 



§ 23-441.13 1954 Cumulative Supplement § 23-441.16 

§ 23-441.13. Mailing ballots to registrants. 

Upon receipt of the list of names, the county committee or the commissioners 
of election shall, as soon as the ballots to be used in the election are delivered 
to them, mail, in one envelope, the following items to each registrant at his serv- 
ice address : 

( 1 ) One of each ballot to be used in the election ; 

(2) A copy of the oath set forth in § 23-441.16 ; 

(3) Printed instructions as to the marking, folding and return of each ballot 
and as to the signing and return of the oath ; 

(4) A return addressed envelope for the return of the ballots and the oath 
to the commissioners of election ; and 

(5) Any additional oath, instructions or information necessary to enable such 
registrant to execute and return a ballot legally acceptable by the officials charged 
with conducting such election. 

1953 (48) 423. 

§ 23-441.14. Envelopes containing ballots; printing on face and back. 

The return addressed envelope required by paragraph (4) of § 23-441.13 to 
be sent each registrant shall have printed on its face in the upper left hand corner 

the words "Service Absentee Ballot For Precinct" and shall 

be addressed to the Commissioners of Election of County, (County 

Seat), South Carolina. All blanks on the face of the envelope shall be filled in 
by the commissioners of election prior to the mailing of the ballot to the reg- 
istrant. On the back shall appear blanks which the voter shall fill in with his 
name and address. The envelope shall be of such thickness as to make it im- 
possible to read any of its contents without opening the envelope. When the ballot 
is for use in a primary election the return addressed envelope referred to herein and 
in § 23-441.13 shall be changed appropriately to insure its return to the proper 
county committee. 

1953 (48) 423. 

§ 23-441.15. Marking of ballot by registrant; mailing. 

Upon receipt of the ballot or ballots the registrant shall mark each ballot on 
which he wishes to vote, fold it so that its contents cannot be distinguished with- 
out unfolding it and mail it in compliance with the instructions received by him 
with the ballot. Enclosed with the ballot or ballots shall be the oath set forth 
in § 23-441.16. No ballot shall be counted unless the oath is properly signed 
and enclosed therewith nor shall any ballot be counted which is received by the 
commissioners of election too late for proper delivery to the managers of elec- 
tion as required by § 23-441.17 and the printed instructions required by para- 
graph (3) of § 23-441.13 to be sent each registrant shall notify him that his vote 
will not be counted in either of these events. 

1953 (48) 423. 

§ 23-441.16. Oath to be returned with ballot. 

The oath, a copy of which is required by paragraph (2) of § 23-441.13 to be 
sent each registrant and which is required by § 23-441.15 to be returned with 
the registrant's ballot, shall be signed by the registrant before a notary public of 
any state of the United States, a United States Consul, his commanding officer 
or any officer authorized by law to administer oaths. The oath shall be in the 
following form : 

I hereby swear (or affirm) that I am duly qualified to vote at this election ac- 
cording to the Constitution of the State of South Carolina ; that I have not voted 



73 



§ 23-441.17 Code of Laws of South Carolina § 23-441.20 

during this election ; and that the ballot or ballots with which this oath is enclosed 
is my ballot. 



Signature of Voter 
Sworn to and subscribed before me this day of ,19 



Officer Authorized to Administer Oath 
Title of Officer 



1953 (48) 423. 



§ 23-441.17. Commissioners to transmit envelope to managers of election; 
deposit in ballot box ; further procedure. 

Upon receipt of the envelope containing the ballot or ballots of the registrant 
and his oath the commissioners of election shall transmit the envelope, unopened, 
to the managers of election for the election precinct of the registrant. The man- 
agers sball keep the envelope in a safe place, unopened, until the day of election. 
On the day of the election the managers shall determine from the books of reg- 
istration the eligibility of the registrant in question to vote and, if he is properly 
registered for the current election and otherwise qualified, the managers shall, 
without unfolding or examining his ballot or ballots, deposit each ballot in the 
appropriate ballot box. One of the managers shall write the registrant's name 
on the poll list and note thereafter the words "Absentee Service Voter." The 
envelopes in which the ballots are received and the oaths enclosed therein shall 
be preserved by the managers of election and transmitted to the commissioners 
of election as a part of their election returns. The managers shall receive from 
the commissioners, until the hours for closing the polls, all envelopes and ballots 
of persons voting under the provisions of this chapter. All ballot envelopes re- 
ceived by the commissioners too late for proper delivery to the managers shall 
be endorsed with the day and hour of receipt and shall be retained by the com- 
missioners until the time for contesting the election shall have expired, at which 
time they shall be destroyed without examination. When any ballot cast under 
the provisions of this chapter is challenged, such ballot shall not be deposited in 
the ballot box, but shall be kept, with its envelope, separate, and transmitted by 
the managers to. the commissioners so that its validity may be determined by the 
commissioners. 

1953 (48) 423. 

§ 23-441.18. Absentee balloting in primary and special elections. 

Absentee balloting in primary and special elections shall be in accordance with 
regulations of the political party or political subdivision conducting any such 
election. Boards of registration and all other election officials of this State shall 
cooperate with such authorities to the end that the right to vote may be preserved 
for all persons, members of or serving with the Armed Forces as defined in § 23-441. 

1953 (48) 423. 

§ 23-441.19. County committees to act in primary elections. 

In conducting primary elections county committees shall perform the duties 
generally required in this chapter of commissioners of election. 
1953 (48) 423. 

§ 23-441.20. Responsibility of political parties. 

Any political party conducting a primary in this State is responsible for carry- 
ing out the provisions of this chapter by making ballots and election material 
available so that the persons named in § 23-441.2 may be enabled to vote in primary 
elections subject to the rules and regulations of such political party. All expenses 

74 



§ 23-441.21 1954 Cumulative Supplement § 24-81 

incurred by any political party in conducting elections subject to the provisions 
of this chapter shall be borne by such political party. 
1953 (48) 423. 

§ 23-441.21. Secretary of State to carry out chapter and distribute forms. 

The Secretary of State shall be responsible for carrying out the provisions of 
this chapter. He shall have printed and distributed all forms that are required 
to effectuate these purposes : 

(1) To make it possible for all persons mentioned in § 23-441.2 to register; and 

(2) To make it possible for all such registrants to vote in general and special 
elections only. To this extent only all expenses incurred in the administration 
of this chapter shall be paid for by the State. 

1953 (48) 423. 

CHAPTER 8. 

Special Provisions for Federal Elections. 

§ 23-564. Duties of State officials. 

Editor's note. — "§ 24-564", appearing in 
the catchline and folio line in the original, 
should read "§ 23-564." 



Title 24. 
Electricity. 

Chap. 1. Regulation of Electrical Utilities, § 24-86. 

CHAPTER 1. 

Regulation of Electrical Utilities. 
Article 5. 
Issue of Securities. 

Sec. 

24-86. Sale of stock to employees. 

Article 3. 
Rates. 
§ 24-32. Schedule of rates to be filed. 

Cited in United Merchants & Manufac- 
turers v. South Carolina Elec, etc., Co., 
113 F. Supp. 257 (1953). 

§ 24-35. Investigation and change of existing rates. 

Cited in United Merchants & Manufac- 
turers v. South Carolina Elec, etc., Co., 
113 F. Supp. 257 (1953). 

Article 4. 

Extensions and Abandonment or Transfer of Property. 

§§ 24-73 to 24-75. Procedure for acquisition of plant by municipality. 

Editor's note.— See §§ 25-161 to 25-171 
which may possibly be deemed to have 
superseded §§ 24-73 to 24-75. 

Article 5. 

Issue of Securities. 
§ 24-81. Issue of securities. 

This article is obviously a regulatory It is only a restriction on the power of 

measure designed for the protection of the a utility to issue securities and compliance 

public interest. South Carolina Elec, etc., with its terms cannot be said to be an 

Co. v. Pinckney, 217 S. C. 407, 60 S. E. act done in the creation of the debt evi- 

(2d) 851 (1950). denced by the securities issued, so as to 

75 



§ 24-85 Code of Laws of South Carolina § 25-52 

render securities signed, sealed and deliv- lina Elec, etc., Co. v. Pinckney, 217 S. C. 
ered in another state subject to the South 407, 60 S. E. (2d) 851 (1950). 
Carolina documentary tax. South Caro- 

§ 24-85. Sales of securities by or to employees. 

Cross reference. — For permissible sales 
to employees, see § 24-86. 

§ 24-86. Sale of stock to employees. 

Operating electrical utility companies may offer to their employees opportuni- 
ties to purchase their securities and may permit deductions from their wages or 
salaries to be applied on the payment of such purchases. But such offers shall 
permit only bona fide voluntary action on the part of the employees and shall in 
no way require or coerce any employee into entering into or subscribing to any 
such plan. 

1953 (48) 312. 

Article 7. 

Other Powers of Commission. 

§ 24-112. Rules and regulations. 

Cited in United Merchants & Manufac- 
turers v. South Carolina Elec, etc., Co., 
113 F. Sttpp. 257 (1953). 

CHAPTER 4. 

State Rural Electrification Authority Act. 

§ 24-301. Short title. 

Cited in Bookhart v. Central Elec. Power 
Cooperative, 219 S. C. 414, 65 S. E. (2d) 

781 (1951). 



Title 25. 

Eminent Domain. 

Chap. 3. Public Works Eminent Domain Law, § 25-139. 

5. Condemnation by Municipalities, §§ 25-161 to 25-171. 

CHAPTER 1. 
General Provisions. 
§ 25-1. "Owner," etc., includes mortgagee; parties. 

Cited in Welling v. Clinton Newberry 
Natural Gas Authority, 221 S. C. 417, 71 
S. E. (2d) 7 (1952). 

CHAPTER 2. 
State Authorities Eminent Domain Act. 
§ 25-51. Short title. 

Cited in Welling v. Clinton Newberry 
Natural Gas Authority, 221 S. C. 417, 71 
S. E. (2d) 7 (1952). 

§ 25-52. "State authority" denned; additional rights of eminent domain. 

Stated in Cain v. South Carolina Public 
Service Authority, 222 S. C. 200, 72 S. E. 
(2d) 177 (1952). 

76 



§ 25-53 



1954 Cumulative Supplement 



§ 25-139 



§ 25-53. Property condemn; estate and area acquire; control; repurchase 
certain lands ; acquire water and flowage rights in lands in vicinity 
of project. 



Proviso giving landowner right to re- 
purchase qualifies right of eminent do- 
main. — The proviso in this section giving 
to the landowner the right to repurchase 
under certain specified circumstances was 
intended to limit or qualify the right of 
eminent domain granted by this chapter 
and constitutes a condition annexed 
thereto. Cain v. South Carolina Public 
Service Authority, 222 S. C. 200, 72 S. 
E. (2d) 177 (1952). 

And should be liberally construed. — The 
repurchase provision should receive a lib- 
eral construction in favor of the land- 
owner. Cain v. South Carolina Public 
Service Authority, 222 S. C. 200, 72 S. 
E. (2d) 177 (1952). 

It extends to the heirs and devisees of 
the owner. — The right of repurchase 
granted by this section extends to the 
heirs or devisees of the person who was 
the owner at the time the property was 
condemned. Cain v. South Carolina Pub- 
lic Service Authority, 222 S. C. 200, 72 S. 
E. (2d) 177 (1952). 

The word "and" preceding the word 
"unless" in the repurchase proviso should 
be construed to mean "or." Thus the pro- 
viso permits the owner to repurchase any 
portion of the land condemned not oc- 
cupied for one of the purposes specified 
in _ the proviso or covered with water. 
Cain v. South Carolina Public Service Au- 
thority, 222 S. C. 200, 72 S. E. (2d) 177 
(1952). 

The word "structures" as used in the 

§ 25-54. Notify owners; "owners" denned; include several parcels of lands, 
etc., in one proceeding; render award of compensation separately. 

Applied in Cain v. South Carolina Pub- 
lic Service Authority, 222 S. C. 200, 72 S. 
E. (2d) 177 (1952). 

§ 25-62. Cumulative. 

Stated in Cain v. South Carolina Pub- 
lic Service Authority, 222 S. C. 200, 72 S. 
E. (2d) 177 (1952). 

CHAPTER 3. 

Public Works Eminent Domain Law. 
Sec. 

23-139. Chapter inapplicable in certain 
counties. 

§ 25-101. Short title. 

Cited in Welling v. Clinton Newberry 
Natural Gas Authority, 221 S. C. 417, 71 
S. E. (2d) 7 (1952). 

§ 25-139. Chapter inapplicable in certain counties. 

The provisions of this chapter shall not apply to the counties of Chesterfield, 
Dillon, Greenwood, Horry, Jasper, Laurens, Lexington and Saluda. 

1952 Code § 9152; 1936 "(39) 1268; 1944 (43) 1253; "l953 (48) 475. 

Effect of amendment. — The amendment 
eliminated Cherokee County from the 
counties named in the section. 



repurchase proviso must be subjected to 
the well-established rule of ejusdem 
generis restricting its interpretation to 
structures of the general character of or 
at least substantially related in use and 
operation to dams and dikes. It was not 
intended to include every building which 
may be used by the authority for a corpo- 
rate purpose. Cain v. South Carolina 
Public Service Authority, 222 S. C. 200, 72 
S. E. (2d) 177 (1952). 

The right of repurchase exists although 
the land is being used and occupied in 
furtherance cf the purpose for which the 
authority was established, of such purpose 
is not one specified in the proviso relating 
to repurchase. Cain v. South Carolina 
Public Service Authority, 222 S. C. 200, 
72 S. E. (2d) 177 (1952). 

The use of a tract during World War 
II by an anti-sabotage patrol to protect 
the dams and power house from destruc- 
tion and its present use for experiments 
in health control cannot be classified as 
"protecting said dams, dikes and struc- 
tures" within the meaning of the repur- 
chase proviso in this section. Cain v. 
South Carolina Public Service Authority, 
222 S. C. 200, 72 S. E. (2d) 177 (1952). 

Land sought to be repurchased held not 
to be within 100 feet of the "maximum 
high water mark" of the impounded wa- 
ter. Cain v. South Carolina Public Serv- 
ice Authority, 222 S. C. 200, 72 S. E. (2d) 
177 (1952). 



VOLUME 3 



77 



§ 25-161 Code of Laws of South Carolina. § 25-165 

CHAPTER 5. 

Condemnation by Municipalities. 

Sec. Sec. 

25-161. Procedure prescribed to apply to 25-167. Deposit of award; municipality 

all municipal condemnations. may proceed with project. 

25-162. Notice to landowners; selection of 25-168. Court to determine appeal; trial 

freeholders to assess damages. de novo. 

25-163. Failure of landowner to select 25-169. Final judgment; execution and rec- 

freeholders, etc. ordation of deed. 

25-164. Selection of fifth freeholder should 25-170. Service of papers. 

four fail to agree. 25-171. Condemnation not limited to 

25-165. What freeholders to consider. county. 
25-166. Award; appeal to court of common 

pleas. 

§ 25-161. Procedure prescribed to apply to all municipal condemnations. 

Whenever any municipal corporation within this State desires to hecome the 
owner of any real estate or to acquire any easement or right-of-way through, over 
or across such real estate for any corporate or public purpose for which a mu- 
nicipality may condemn real estate or an interest therein, the procedure pre- 
scribed herein shall be exclusive. 

1953 (48) 272. 

§ 25-162. Notice to landowners; selection of freeholders to assess damages. 

Any such municipality through its city council or governing body shall select 
two freeholders and so notify the landowner or owners (as defined in § 25-1) 
in writing of the two so selected and deliver therewith a general description of 
the real estate to be condemned and the purpose for which the real estate is to be 
used. Within five days after receipt of such notice the landowner or owners shall 
likewise select two freeholders and the four so chosen shall forthwith select a fifth 
freeholder. The words "Icmdozvner" or "ozvners" as used in this sentence of this 
chapter shall mean the actual owner or owners of the real estate as distinguished 
from the definition thereof contained in § 25-1. The five so selected, before fixing 
the value thereof or assessing any damages which may be due the landowner or 
owners, shall be sworn to do impartial justice between said municipality and said 
landowner or owners. 

1953 (48) 272. 

§ 25-163. Failure of landowner to select freeholders, etc. 

Should the landowner or owners fail or refuse to select two freeholders within 
the time provided herein, then the clerk of court of the county in which the real 
estate is located shall select two freeholders and the four so selected shall select 
a fifth and they shall have the same power and perform the same duties as are 
conferred on the five freeholders in § 25-162. 

1953 (48) 272. 

§ 25-164. Selection of fifth freeholder should four fail to agree. 

Should the four freeholders selected under § 25-162 or § 25-163 within five days 
after their selection fail to agree on the fifth freeholder, then the clerk of court of 
the county in which the real estate is located shall select the fifth freeholder. 

1953 (48) 272. 

§ 25-165. What freeholders to consider. 

The freeholders in making their award shall consider the value of the real estate 
or the damages which may accrue to the landowner or owners and take into con- 
sideration any benefits which may accrue to the landowner or owners because of 
the use of or improvements to be placed upon such real estate by the municipality. 

1953 (48) 272. 

7K 



§ 25-166 1954 Cumulative Supplement § 25-171 

§ 25-166. Award; appeal to court of common pleas. 

The freeholders, after having been selected and duly sworn to do impartial justice 
between all interested parties, shall make their award in writing should they 
find the landowner or owners entitled to any damages and file the award with the 
clerk of court in the county where the real estate is located. A copy of the award 
shall be served on the landowner or owners and they shall have ten days in which 
to serve their notice of intention to appeal to the court of common pleas in the 
event they are not satisfied with the award. The municipality shall have the same 
right to appeal from the award of the freeholders as is herein accorded the land- 
owner or owners. 

1953 (48) 272. 

§ 25-167. Deposit of award; municipality may proceed with project. 

Should the landowner or owners serve notice of intention to appeal from the 
award of the freeholders, the municipality may deposit the amount of the award 
with the clerk of court of the county where the real estate is located and the mu- 
nicipality may forthwith take the real estate or any interest therein condemned 
and proceed with its proposed work or project. In the event the freeholders make 
no award in favor of the landowner or owners and they appeal from such award, 
the municipality shall likewise have the same right to proceed with its work or 
project. 

1953 (48) 212. 

§ 25-168. Court to determine appeal; trial de novo. 

The municipality or the landowner or owners may have the appeal determined 
in the court of common pleas for the county in which the real estate is located as 
expeditiously as possible and the appeal shall enjoy the same preferred status on 
the trial roster as an appeal under condemnation by the State Highway Depart- 
ment. The issues on appeal shall be tried de novo before a jury and the appellant 
shall be the actor. By agreement a jury trial may be waived. 

1953 (48) 272. 

§ 25-169. Final judgment ; execution and recordation of deed. 

When any final judgment shall be obtained either by the award of the freeholders 
or the order of any court, the landowner or owners shall execute a deed to the 
municipality for the real estate or the interest therein condemned. If such land- 
owner or owners shall fail or neglect to so do, the clerk of the court of common 
pleas of the county in which the real estate is located shall, after the final judgment 
is entered in his office and the amount of the award or verdict of the jury is paid 
into his office, execute a deed for the property condemned or the interest therein 
to such municipality without warranty. Such deed after having been executed and 
delivered either by the landowner or owners or the clerk of court shall be recorded 
in the office where deeds are recorded in the county where the real estate is located. 

1953 (48) 272. 

§ 25-170. Service of paper. 

The same procedure shall be followed in serving any notice or paper required 
herein as is followed for the service of a summons in a civil action. 
1953 (48) 272. 

§ 25-171. Condemnation not limited to county. 

The right of condemnation by a municipality shall not be limited to the county 
in which the municipality is located. 

1953 (48) 272. 

79 



§ 26.3 Code; of Laws op South Carolina § 26-12 

Title 26. 

Evidence. 

Chap. 1. General Provisions, §§ 26-7.1., 26-7.2. 

8. Examination of Witnesses by Commission, § 26-604. 

CHAPTER 1. 
General Provisions. 

Sec. Sec. 

26-7.1. Examination of witness in criminal 26-7.2. Admissibility of such statement in 
proceeding concerning written evidence, 

statement made to public em- 
ployee. 

§ 26.3. Pleading not evidence against accused. 

Applied in State v. Smith, 220 S. C. 224, 
67 S. E. (2d) 82 (1951). 

§ 26-7. Proof of negligence by plaintiff in motor vehicle cases. 

Quoted in Chapman v. Associated 
Transport, Inc., 218 S. C. 554, 63 S. E. (2d) 
465 (1951). 

§ 26-7.1. Examination of witness in criminal proceeding concerning written 
statement made to public employee. 

No witness in any preliminary hearing or in any criminal judicial proceeding of 
any kind or nature shall be examined or cross-examined by any examiner, so- 
licitor, lawyer or prosecuting officer concerning a written statement formerly made 
and given to any person employed by the State or any county, city or municipality 
thereof, or any part of any such governing body, unless it first be shown that at 
the time of the making of the statement the witness was given an exact copy of 
the statement and that before his examination or cross-examination the witness 
was given a copy of the statement and allowed a reasonable time in which to read 
it. 

1952 (47) 1977. 

Cited in State v. Anderson, 224 S. C. 
419, 79 S. E. (2d) 453 (1954). 

§ 26-7.2. Admissibility of such statement in evidence. 

Unless the provisions of §§ 1-64 and 26-7.1 have been complied with, no such 
statement shall be admissible in evidence in any case, nor shall any reference be 
made to it in the trial of any case. 

1952 (47) 1977. 

This section adds nothing to the duties in evidence appellant's written statement, 
imposed on investigating officers by § which he had signed for police officers, his 
1-64. It simply declares that the result counsel objected to its admission upon the 
or noncompliance with its terms shall be ground that the provisions of § 1-64 had 
the exclusion of such statement from evi- not been complied with, in that the officers 
dence. The applicability of the rule of ex- who took the statement did not give a 
elusion laid down by this section is limited copy thereof to appellant or obtain his re- 
to a statement to which the requirements ceipt therefor. This objection was prop- 
of § 1-64 apply, for it is only as to '"such erly overruled upon the ground that these 
(a) statement" that noncompliance is requirements did not apply to the state- 
possible. State v. Anderson, 224 S. C. 419, ment, which was signed some five months 
79 S. E. (2d) 455 (1954). before this section and § 1-64 became law. 

Statement signed before § 1-64 became State v. Anderson, 224 S. C. 419, 79 S. E. 
law admissible.— When the State offered (2d) 455 (1954). 

§ 26-12. Mortuary table. 

Applied in Greene v. Miller, 114 F. 
Supp. 150 (1953). 

80 



§ 26-51 1954 Cumulative Supplement § 26-403 

CHAPTER 2. 
Prooe of Ordinances, Laws, etc. 

Article 1. 
Ordinances and Foreign Laics Generally. 
§ 26-51. Proof of ordinances of municipalities. 

Cited in Webb v. Southern Ry. Co., 221 
S. C. 450, 71 S. E. (2d) 12 (1952). 

§ 26-27. No evidence of foreign law unless pleaded. 

Applied in Seale Motor Co. v. Stone, 
218 S. C. 373, 62 S. E. (2d) 824, 25 A. L. 
R. (2d) 1118 (1950). 

CHAPTER 3. 
Public Documents, Records and Certain Books, etc. 

Article 1. 

Public Documents. 

§ 26-101. When certified copies or certified photostatic copies of documents 
admissible. 

Cross references. — As to brand or ear- findings of Highway Department, etc., see 

mark certificate as prima facie evidence of §§ 46-328.1, 46-737. 

ownership, see § 6-379. As to certificate of Cited in Goudelock v. Prudential Ins. 

Secretary of State as evidence of registra- Co., 219 S. C. 284, 65 S. E. (2d) 114 

tion of trade-mark, see § 66-186. As to ref- (1951); State v. Pearson, 223 S. C. 337, 

erence to reports of highway accidents, 76 S. E. (2d) 151 (1953). 

CHAPTER 4. 
Compelling Attendance oe Witnesses. 
§ 26-307. Request by this State for witness from reciprocating state. 

Editor's note. — There should be only 
one "of record" on next to last line of this 
section. 

CHAPTER 6. 
Competency oe Witnesses. 

§ 26-402. Exceptions to rule of § 26-401. 

II. WHO DISQUALIFIED. plaintiff's land, where such former owner 

B. Person Whose Interest Is Affected. was not plaintiff's immediate grantor, but 

Test of interest of a witness. merely one of his predecessors in title. 

A witness is disqualified only when there Taylor v. Cox, 218 S. C. 488, 63 S. E. 

is a possibility that his interest may be (2d) 470 (1951). 

affected by the direct legal operation and „ . „ n . ^ ^„ . ^,^ T ^,^ 

effect of the judgment McLauchlin v. V. PLEADING AND PRACTICE. 

Gressette, 224 S. C. 296, 79 S. E. (2d) Testimony incompetent under this sec- 

149 (1953). ti° n i s admissible, etc. 

The established general rule requiring 

III. WHEN DISQUALIFIED. reservation of objections in cross-exami- 

B. Testimony Must Be against One of nation is particularly applicable with ref- 

Designated Classes of Persons. erence to this section, for the testimony 

Illustrations. thereby excluded would otherwise be com- 

In an action to enjoin obstruction of a petent, and therefore one relying on this 

road, defendant was not precluded by this statute must make sufficient and timely 

section from testifying as to an agree- objections. Brevard v. Fortune, 221 S. 

ment with a deceased former owner of C. 117, 69 S. E. (2d) 355 (1952). 

§ 26-403. Husband or wife of party competent witness; exception. 

Cross reference. — See §§ 20-361 and 20- under Uniform Reciprocal Enforcement of 
362 as to testimony of husband and wife support act. 

81 



§ 26-405 Code op Laws op South Carolina § 26-701 

§ 26-405. Testimony of defendant in criminal cases. 

In the absence of request therefor, trial ler, Westbrook Advance Sheets, No. 16899, 

judge committed no error in failing to filed Aug. 4, 1954. 

charge that failure of defendant to take Quoted in State v. Cox, 221 S. C. 1, 68 

stand and testify should not be considered S. E. (2d) 624 (1951), dis. op. of Baker, 

against him and that no inference of guilt C. J. 
should be implied therefrom. State v. Ful- 

§ 26-408. Self-incrimination. 

Subpoena must be honored. — Protection question answer to which might tend to 

afforded against self incrimination may not incriminate him. Greenwood Lumber Co. 

be injected to invalidate court's order to v. Cromer, . . . . S. C , 82 S. E. (2d) 

appear or subpoena merely because of 527 (1954). 
possibility that witness may be asked some 

CHAPTER 7. 
Examination of Adverse Witnesses; Inspection of Papers, etc. 
§ 26-502. Inspection and copy of books, etc. 

Section inapplicable where document other, has no application where it is al- 
allegedly surrendered to party invoking leged in the complaint that the document 
section. — This section, empowering the mentioned has been surrendered to the de- 
court to give either party to an action the fendants, who seek to invoke the section, 
right to inspect and copy books, papers Williams v. Southern Life Ins. Co., 224 S. 
and documents in the possession of the C. 415, S. E. (2d) 365 (1953). 

§ 26-503. Examination of adversary before trial. 

Examination not allowed to prove party is not allowed to prove whether or 

whether facts are as alleged. — It is im- not facts are as alleged. Williams v. 

proper to grant an examination of plain- Southern Life Ins. Co., 224 S. C. 415, 

tiff for the purpose of seeking to discover S. E. (2d) 365 (1953). 

the evidence on which the plaintiff bases Applied in Norris v. Bryant, 217 S. C. 

his cause of action. An examination of a 389, 60 S. E. (2d) 844 (1950). 

CHAPTER 8. 

Examination op Witnesses by Commission. 

Sec. taken by commission in civil 

26-604. Testimony of officers of State causes. 

Hospital and similar institutions 

§ 26-604. Testimony of officers of State Hospital and similar institutions 
taken by commission in civil causes. 

Whenever the testimony of any officer at a State Hospital or any similar in- 
stitution shall be required in a court of justice, in a civil cause, it may be taken 
by commission and the personal appearance of such officer shall not be required, 
unless it is made to appear to the court, by affidavit, that justice cannot otherwise 
be done. 

1942 Code § 696; 1932 Code § 696; Civ. P. '22 § 712; Civ. C. '12 § 3975; Civ. '02 
§ 2871; G. S. 2203; R. S. 2335; 1829 (6) 382; 1952 (47) 2042. 

Effect of amendment. — The amendment 
added the phrase "or any similar institu- 
tion." 

CHAPTER 9. 

Examination op Witnesses by Deposition. 

§ 26-701. Depositions taken by clerks of court; right of viva voce examina- 
tion. 

Applied in lohnson v. Brandon Corp., 
221 S. C. 160, 69 S. E. (2d) 594 (1952). 

82 



§ 26-709 1954 Cumulative Supplement § 27-98 

§ 26-709. Disposition of deposition. 

Substantial compliance in safeguarding him and mailed to special referee, and there 
deposition sufficient. — W here envelope was no contention that deposition had been 
transmitting deposition did not show tampered with, there was substantial corn- 
sender to be a notary public nor that pliance with statutory requirements and 
envelope contained a deposition, but by deposition admissible. Adams v. Willis, . . . 
agreement of parties it was to be taken by S. C , 83 S. E. (2d) 171 (1954). 



Title 27. 
Fees and Costs. 

Chap. 2. Clerks of Court and Registers of Mesne Conveyances, §§ 27-81 to 27-92. 

3. Masters, §§ 27-203.1 to 27-209. 

4. Probate Judges, § 27-319.1. 

5. Sheriffs, Magistrates and Constables, § 27-422. 

6. Miscellaneous Officials, §§ 27-501 to 27-501.1. 

7. Witnesses, § 27-604. 

8. Miscellaneous Local Provisions, § 27-701. 

CHAPTER 2. 
Clerks op Court and Registers op Mesne Conveyances. 

Sec. Sec. 

27-81. Special provisions for Dillon County. 27-84.1. Special provisions for court costs 

27-83.1. Special provision for Horry in Jasper County. 

County. 27-92. Special provisions for Orangeburg 

County. 

§ 27-52. Same; provisions for certain counties. 

Editor's note. — A. & J. R. 1952 (47) number of counties covered by this sec- 
2156 eliminated Horry County from the tion. See § 27-701. 

§ 27-62, Same; exception in certain counties. 

Editor's note. — A. & J. R. 1952 (47) number of counties covered by this sec- 
2156 eliminated Horry County from the tion. See § 27-701. 

§ 27-81. Special provisions for Dillon County. 

Amended by A. & J. R. 1953 (48) 46. 

§ 27-83.1. Special provision for Horry County. 

Provisions of A. & J. R. 1953 (48) 67 make up this section. 

§ 27-84.1. Special provisions for court costs in Jasper County. 

Provisions of A. & J. R. 1953 (48) 8 make up this section. 

§ 27-92. Special provisions for Orangeburg County. 

* * * and (iii) for recording and indexing any filed chattel mortgage, sev- 
enty-five cents. 

1942 Code § 4933; 1932 Code § 4933; Civ. C. '22 §§ 5731, 5740; Civ. C. '12 § 4213; 
4220; Civ. C. '02 §§ 3104, 3110; 1894 (21) 990, 993; 1954 (48) 1468. 

Effect of amendment. — The amendment 
added item (iii) above. The remainder of 
the section unchanged and is effective. 

§ 27-98. Special Provisions for Sumter County. 

Cross reference. — For fee of clerk of 
court for recording transfer of real estate 
through estates, see § 27-319.1. 

83 



§ 27-203.1 Code of Laws of South Carolina § 27-422 

CHAPTER 3. 
Masters. 

Sec Sec. 

27-203 1 Same; exceptions for Chesterfield 27-209. Same; exceptions for Spartanburg 

County. County. 

27-205. [Repealed.] 

§ 27-203.1. Same; exceptions for Chesterfield County. 

In Chesterfield County the master shall receive a fee of ten dollars per day for 
holding references and five dollars for each report made and filed, in addition to 
the other fees prescribed in § 27-201. 

1952 (47) 1882. 

§ 27-205. Same ; special provisions in Horry County. 

Repealed by A. & J. R. 1952 (47) 2156. 
Cross reference. — See now § 27-701. 

§ 27-209. Same; exceptions for Spartanburg County. 

Provisions of A. & J. R. 1953 (48) 269 make up this section. 

CHAPTER 4. 
Probate Judges. 

Sec. 

27-319.1. Transfer of estate realty in 
Sumter County. 

§ 27-304. Special provisions for certain counties. 

Cross reference. — for fee of probate 
judge to make description of estate realty 
transfers for clerk of court, see § 27-319.1. 

§ 27-319.1. Transfers of estate realty in Sumter County. 

Provisions of A. & J. R. 1954 (48) 1798 make up this section. 

§ 27-320. No fee for search, York County. 

Editor's note. — Similar provision in § 14-3625. 

CHAPTER 5. 
Sheriffs, Magistrates and Constables. 

Article 2. 

Magistrates and Constables and Worthless Check Cases in Certain Counties. 

Article 2. 
Magistrates and Constables and Worthless 

Check Cases in Certain Counties. 
Sec. 

27-422. Fees in worthless check cases in 
certain counties. 

§ 27-422. Fees in worthless check cases in certain counties. 

* * * (2) In Barnwell, Cherokee, Edgefield, Florence, Hampton, Horry, 
Lee and Sumter Counties, magistrates one dollar and constables or sheriff (ex- 
cept that no such charge shall be made by the sheriff in Hampton County) two 
dollars and mileage as provided in item (10) of § 27-451. 

1942 Code § 3718-1; 1932 Code § 1549; Cr. C. '22 § 496; Cr. C. '12 § 569; Cr. C. '02 
§ 412; R. S. 327; 1887 (19) 800, 1142; 1927 (35) 371; 1928 (35) 1157, 1233; 1929 (36) 3, 34, 
50. 105; 1930 (36) 1142; 1931 (37) 250; 1933 (38) 57; 1937 (40) 464; 1938 (40) 1547; 
1950 (46) 2215; 1954 (48) 1467. 

Effect of amendment. — The amendment remainder of the section remains unchang- 
added Edgefield County to item (2). The ed and effective. 

84 



§ 27-451 1954 Cumulative Supplement § 27-604 

Article 4. 
Constables. 
§ 27-451. Fees and commissions of constables generally. 

Applied in McKown v. Daniel, 217 S. 
C. 510, 61 S. E. (2d) 163 (1950). 

§ 27-454. County to deduct from constables' salaries amounts paid in certain 
cases. 

Applied in McKown v. Daniel, 217 S. 
C. 510, 61 S. E. (2d) 163 (1950). 

CHAPTER 6. 

Miscellaneous Officials. 

Sec. Sec. 

27-501. Secretary of State. 27-501.1. Same; copying documents. 

§ 27-501. Secretary of State. 

% H^ ^ 

(4) For recording any writing, nine cents for every copy sheet containing 

ninety w r ords ; 
* * * 

1942 Code § 4922; 1932 Code § 4922; Civ. C. '22 § 5727; Civ. C. '12 § 4210; Civ. C. '02 
§ 3101; G. S. 2430; R. S. 2454; 1790 (5) 153: 1799 (5) 355; 1901 (23) 754; 1954 (48) 1566. 

Effect of amendment. — The amendment other provisions of this section remain un- 
eliminated "or copying" in item (4). The changed and effective. 

§ 27-501.1. Same; copying documents. 

The Secretary of State shall charge the following fees for copies of documents 
furnished by his office : 

( 1 ) Certificate under seal, one dollar ; 

(2) Certified copy of charter, two dollars; 

(3) Certified copy of land grant, one dollar sixty cents; 

(4) Certified copy of plat, tracing, first four corners, one dollar, and five cents 
per additional corner, plus one dollar for certifying; 

(5) Copying, per page, thirty-five cents; and 

(6) Certified copy of any record, one dollar sixty cents. 
1954 (48) 1566. 

CHAPTER 7. 

Witnesses. 
Article 1. 
General Provisions. 

Sec. 

27-604. [Repealed.] 

Article 1. 

General Provisions. 
§ 27-604. Pay of witness in Horry County. 
Repealed by A. & J. R. 1952 (47) 2156. 
Cross reference. — See now § 27-701. 



85 



§ 27-701 Cods of Laws of South Carolina § 27-701 

CHAPTER 8. 

Miscellaneous Local Provisions. 

Article 1. 
Horry County. 

Sec. 

27-701. Costs and fees generally. 

Article 1. 

Horry County. 

§ 27-701. Costs and fees generally. 

Provisions of § 1, A. & J. R. 1952 (47) 2156 make up this section. 



Title 28. 
Fish, Game, etc. 

Chap. 1. General Provisions, §§ 28-2.1 to 28-47. 

2. South Carolina Wildlife Resources Department, §§ 28-81 to 28-141. 

3. Commercial Fisheries Administrative Provisions, §§ 28-151 to 28-179. 

4. Atlantic States Marine Fisheries Commission, § 28-201. 

6. Protection of Game, §§ 28-300 to 28-525. 

7. Protection of Fish, etc., §§ 28-552.1 to 28-721. 

8. Coastal Fisheries Law, §§ 28-757 to 28-989. 

9. Special Provisions for Certain Counties or Areas, §§ 28-1001 to 28-1258. 

CHAPTER 1. 
General Provisions. 

Article 1. Sec. 

Miscellaneous Provisions. 28-31.1. Orphans in eleemosynary institu- 
Sec. tions. 

28-2.1. Wild birds, wild game and fish prop- 28-31.2. Certain residents over sixty-five 

erty of State. years old. 

28-3. [Repealed.] 28-32 to 28-34. [Repealed.] 

28-5. Game zones. 28-34.1. Youth under twelve. 
28-5.1. Application of game laws to zones. . 

28-6. [Repealed.] . Article 3. 

28-7. Peace officers to assist in enforcement Relations_ with Federal Government; 



of fish and game laws. 



Certain State-Owned Lands. 



28-8.1 Unlawful to fish or hunt 'on banks 28 " 40 - Consent to Congress making rules 
of navigable stream without per- and regulations. 

28-40.1. Agreements with United States 



mission. 



28-8.2. Sale of game or fish unlawfully respecting wildlife of national 

caught, killed, etc. „„ „„ „ forest ^nds. 

28-8.3. Violations of any provision of Title 28-40.2. Powers of Division of Game over 

unlawful. such lands - 

28-8.4. General penalties. 28-40.3. Penalties. 

28-9 to 28-11. [Repealed.] 28-40.4. Application of sections to other 

28-12.1. Disposition of fees, fines and for- lands. 

feitures. 28-40.5. Funds from certain agreement to 

28-13 to 28-17. [Repealed.] be used on Santee-Cooper lands. 

28-40.6. Assent to act of Congress pro- 
Article 2. viding aid in wildlife projects, 
Certain Exemptions from License etc. 

Requirements. 28-41 to 28-47. [Repealed.] 
28-31. [Repealed.] 

86 



§ 28-2.1 1954 Cumulative Supplement § 28-8.1 

Article 1. 
Miscellaneous Provisions. 
§ 28-2.1. Wild birds, wild game and fish property of State. 

All wild birds, wild game and fish, except fish in strictly private ponds and lakes 
entirely segregated from other waters, are the property of the State. ' 
1952 (47) 2179. 

§ 28-3. Wild birds, wild game and fish property of State. 

Repealed by A. & J. R. 1952 (47) 2179. 
Cross reference. — See now § 28-2.1. 

§ 28-5. Game zones. 

The State is hereby divided for the purpose of game into seven zones. 

(1) The first zone shall comprise the counties of Greenville, Oconee and Pickens. 

(2) The second zone shall comprise the counties of Abbeville, Anderson, Edge- 
field, Greenzvood, Laurens, McCormick, Newberry and Saluda. 

(3) The third zone shall comprise the counties of Aiken, Calhoun, Lexington 
and Richland. 

(4) The fourth zone shall comprise the counties of Cherokee, Chester, Fairfield, 
Spartanburg, Union and York. 

(5) The fifth zone shall comprise the counties of Chesterfield, Clarendon, Dar- 
lington, Florence, Kershazv, Lancaster, Lee, Marlboro and Sumter. 

(6) The sixth zone shall comprise the counties of Allendale, Bamberg, Barn- 
well, Beaufort, Berkeley, Charleston, Colleton, Dorchester, Hampton, Jasper, 
Orangeburg and Williamsburg. 

(7) The seventh zone shall comprise the counties of Dillon, Georgetown, Horry 
and Marion. 

1942 Code §1756; 1937 (40) 286; 1938 (40) 1743; 1939 (41) 469; 1951 (47) 226; 1953 
(48) 139, 326; 1954 (48) 1429, 1450. 

Effect of amendment. — Williamsburg zone 2, 1953 (48) 329; Florence County 
County transferred from game zone 7 to from game zone 7 to game zone 5, 1954 p. 
game zone 6, 1953 p. 139; Edgefield and 1429; and Lancaster County from game 
Saluda Counties from game zone 3 to game zone 4 to game zone 5, 1954 p. 1450. 

§ 28-5.1. Application of game laws to zones. 

All laws of this State now in force affecting game shall, until changed, apply 
to all the zones in the State. 
1952 (47) 2179. 

§ 28-6. Laws remaining- in force in Game Zone No. 7. 

Repealed by A. & J. R. 1952 (47) 2179. 

§ 28-7. Peace officers to assist in enforcement of fish and game laws. 

All sheriffs, deputy sheriffs, constables, rural policemen and special officers shall 
actively cooperate with the South Carolina Wildlife Resources Department in 
the enforcement of the game and fish laws of the State. 

1942 Code § 1765; 1932 Code § 1756; Cr. C. '22 § 739; 1919 (31) 269; 1952 (47) 2890. 

Effect of amendment. — The amendment sources Department" for "game depart- 
substituted "South Carolina Wildlife Re- ment and game wardens." 

§ 28-8. Hunting, fishing, etc., without consent on lands of others. 

Cross reference. — See § 16-387 also for 
provisions prohibiting hunting, fishing, etc. 
on lands of another without permission. 

§ 28-8.1. Unlawful to fish or hunt on banks of navigable stream without 
permission. 

It shall be unlawful to fish or hunt from the banks of a navigable stream without 
the permission of the owner of the land and such permit must be in writing should 
the owner not be within one mile of the place where the person may be caught in 
the act of so fishing or hunting. 

1952 (47) 2179. 

87 



§ 28-8.2 Code of Laws of South Carolina § 28-31 

§ 28-8.2. Sale of game or fish unlawfully caught, killed, etc. 

Any bird, non-migratory fish or animal caught, taken or killed, shipped or re- 
ceived for shipment or had in possession or under control by any person contrary 
to the provisions of law, which may come into the possession of the game wardens, 
shall be sold at auction within the State or shall be given to some charitable in- 
stitution within the State. In the event of sale, the game warden disposing of such 
bird, non-migratory fish or animal shall issue a certificate to the purchaser, cer- 
tifying that such bird, non-migratory fish or animal is legally possessed by the 
purchaser and any one so acquiring such bird, non-migratory fish or animal, 
within this State, may use it as if it had been originally sold, killed or possessed 
in accordance with the laws of this State. The money received from the sale of 
such confiscated birds, non-migratory fish or game shall be forwarded by the game 
warden to the State Treasurer and placed to the account of the game protection 
fund. 

1952 (47) 2179. 

Game warden should not purchase at his 
own sale except in cases of absolute neces- 
sity. Atty. Gen. Op., Nov. 24, 1953. 

§ 28-8.3. Violations of any provision of Title unlawful. 

It shall be unlawful for anyone to catch, kill, possess or transport, or to attempt 
to catch, kill, possess or transport, any bird or animal or part thereof in violation 
of any of the provisions of the fish and game laws. 

1952 (47) 2179. 

§ 28-8.4. General penalties. 

When not otherwise specified, the 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 the penalty of fine of not less than twenty-five dollars nor 
more than one hundred dollars or imprisonment for not less than ten days nor 
more than thirty days. 

1952 (47) 2179. 

§§ 28-9 to 28-11. Sale of game or fish illegally caught; penalties for violating* 
provisions of Title. 

Repealed by A. & J. R. 1952 (47) 2179. 

Cross reference. — See now §§ 28-8.2 to 
28-8.4. 

§ 28-12.1. Disposition of fees, fines and forfeitures. 

Revenues from all license fees, fines and forfeitures under any game or fish law, 
including § 28-480, shall, except as otherwise directed herein, be transmitted to the 
Director to be placed to the credit of the game protection fund of the State Treasury 
and shall be disbursed by the Director by warrants drawn on the State Treasurer. 
All balances in said fund shall be carried forward each year so that no part thereof 
shall revert to the general fund of theState. All fines shall be expended for game and 
fish propagation in the counties in which they are collected. 

1952 (47) 2179. 

§§ 28-13 to 28-17. Disposition of fines, license fees, etc., generally and in cer- 
tain counties. 

Repealed by A. & J. R. 1952 (47) 2179. 
Cross reference. — See now § 28-12.1. 

Article; 2. 
Certain Exemptions from License Requirements. 

§ 28-31. Temporary exemption of World War II veterans. 

Repealed by A. & J. R. 1952 (47) 2179. 

88 



§ 28-31.1 1954 Cumulative Supplement § 28-40.1 

§ 28-31.1. Orphans in eleemosynary institutions. 

All orphans of any orphanage or other eleemosynary institution of this State may 
hunt or fish within any county of this State without obtaining a license to do so if 
the superintendent or person in charge of such orphanage or eleemosynary insti- 
tution shall first apply to the Director for a permit allowing such orphans to hunt 
or fish, giving the names of the orphans and the name of the institution and if such 
superintendent or person in charge of such orphans shall be the holder of a State 
hunting license and/or fishing license if required and shall accompany such orphans 
on the hunt or fishing excursion for which the permit is granted. The Director may 
issue such permit when the above conditions have been complied with. 

1952 (47) 2179. 

§ 28-31.2. Certain residents over sixty-five years old. 

Any person who has been a resident of the State for at least three years and 
who has attained the age of sixty-five years may secure a license to hunt and 
fish within any county of this State without cost upon presentation of sufficient 
evidence to any game warden that he has been a resident for such period and has 
attained the age of sixty-five years. 

1952 (47) 2179. 

§§ 28-32 to 28-34. Orphans in eleemosynary institutions, residents over sixty- 
five and youths under fourteen. 

Repealed by A. & J. R. 1952 (47) 2179. 
Cross reference. — See now §§ 28-31.1, 
28-31.2. 

§ 28-34.1. Youth under twelve. 

No child under twelve years of age shall be required to procure a hunting or 
fishing license or any other permit or license required for hunting or fishing. 

1954 (48) 1765. 

The provision as to a child under twelve 
years of age construed to apply to non- 
resident child. Atty. Gen. Op., Apr. 5, 1954. 

Article 3. 
Relations with Federal Government; Certain State-Owned Lands. 

§ 28-40. Consent to Congress making rules and regulations. 

The consent of the General Assembly is hereby given to the making by the Con- 
gress of the United States, or under its authority, of all such rules and regulations 
as the Federal government shall determine to be needful in respect to game animals, 
game birds, non-game birds and fish on such lands and waters in the State as shall 
have been, or may hereafter be, purchased by the United States under the terms 
of the act of Congress of March 1, 1911, entitled "An Act to Enable any State to 
Cooperate with any other State or States, or with the United States for the Pro- 
tection of the Watersheds of Navigable Streams and to Appoint a Commission for 
the Acquisition of Lands for the Purpose of Conserving the Navigability of Nav- 
igable Rivers" (36 United States Statutes at Large, page 961) and acts of Con- 
gress supplementary thereto and amendatory thereof. (Acts 1922, p. 106.) 

1952 (47) 2179. 

§ 28-40.1. Agreements with United States respecting wildlife of national for- 
est lands. 

The South Carolina Wildlife Resources Department may enter into a coopera- 
tive agreement with the United States Government, or with the proper authorities 
thereof, for the protection and management of the wildlife resources of the national 
forest lands within the State and for the restocking of such lands with desirable 
species of game, birds and other animals and fish. 

1952 (47) 2179. 

89 



§ 28-40.2 Code of Laws of South Carolina § 28-40.6 

§ 28-40.2. Powers of Division of Game over such lands. 

The Director of the Division of Game of the State may close all hunting and fish- 
ing within such lands so contracted for with the Federal Government for such 
period of time as may, in the opinion of the Director, be necessary. He may from 
time to time prescribe the season for hunting and fishing therein, fix the amount of 
fees required for special hunting and fishing licenses and issue such licenses, pre- 
scribe the number of animals and game, fish and birds that may be taken therefrom 
and the size thereof and prescribe the conditions under which the same may be 
taken. 

1952 (47) 2179. 

§ 28-40.3. Penalties. 

Any person violating any of the rules so promulgated by the Director or who 
shall hunt or fish upon such lands at any time, other than those times specified by 
the Director, shall, upon conviction therefor, be fined not less than twenty-five 
dollars nor more than one hundred dollars or imprisoned for not less than ten 
days nor more than thirty days for each and every offense. 

1952 (47) 2179. 

§ 28-40.4. Application of sections to other lands. 

The provisions of §§ 28-40 to 28-40.5 shall also apply (a) to other properties of 
the United States government, (b) to any other properties acquired or to be ac- 
quired from the United States government by the State or (c) to any other lands 
or waters purchased by the United States or this State. But hunting and fishing 
shall not be allowed on any lands under the control or ownership of the State Com- 
mission of Forestry except by written agreement with that Commission. 

Nothing herein contained shall interfere in any manner with the use and man- 
agement of lands by a State agency in charge of such lands in the functios of such 
agency as authorized by law. 

1952 (47) 2179. 

§ 28-40.5. Funds from certain agreement to be used on Santee-Cooper lands. 

All money collected by the South Carolina Wildlife Resources Department on 
the Santee-Cooper area under the provisions of an agreement between the United 
States Wildlife Service and the Department in accordance with § 28-40.1, or col- 
lected under any act of the General Assembly pertaining to such area, shall be 
placed by the Department with the State Treasurer to the credit of the Santee- 
Cooper project to be disbursed by the Department for game and fish protection 
and propagation on the Santee-Cooper lands and waters or as otherwise provided 
by any such act. 

1952 (47) 2179. 

§ 28-40.6. Assent to act of Congress providing aid in wildlife projects, etc. 

The State of South Carolina hereby assents to the provisions of the Act of Con- 
gress entitled "An Act to Provide that the United States shall Aid the States in 
Wildlife Restoration Projects, and for Other Purposes," approved September 2, 
1937 (Public No. 415, 75th Congress), and acts supplementary thereto or amenda- 
tory thereof, and the Department shall perform such acts as may be necessary to 
the conduct and establishment of cooperative wildlife restoration projects, as de- 
fined in said act of Congress, in compliance with said act and with rules and regu- 
lations promulgated by the Secretary of Agriculture thereunder. No funds accruing 
to the State from license fees paid by hunters shall be diverted for any other pur- 
pose than the administration of the Department. 

1952 (47) 2179. 

90 



§ 28-41 1954 Cumulative Supplement § 28-83 

§§ 28-41 to 28-47. Relations with Federal government; certain State-owned 
lands. 

Repealed by A. & J. R. 1952 (47) 2179. 

Cross reference. — See now §§ 28-40 to 
28-40.6. 

CHAPTER 2. 
South Carolina Wildlife Resources Department 

Article 1. Sec. 

South Carolina Wildlife Resources Com- 28-101 to 28-104. [Repealed.] 

mission. 28-105. Investigations; reports; recommen- 
Sec. dations. 

28-81. Number of members and appoint- 28-105.1. Same; game and fish cultural op- 

ment. erations; sampling fish popula- 

28-82. Term and vacancies. tions. 

28-83. Chairman. 28-111. [Repealed.] 

28-84. Compensation. 28-112. Supervision over law enforcement. 

28-85. Commission to act througb Divi- 28-113 to 28-115. [Repealed.] 

sion of Game and Division of 

Commercial Fisheries. Article 2. 

28-86. Division of Game. Game Wardens. 

28-87. Director of Division of Game. 28-121. Appointment and removal. 

28-88. Division of Commercial Fisheries. 2S-122 to 28-134. [Repealed.] 

28-89. Director of Division of Commercial 28-134.1. Commissions of wardens. 

Fisheries. 28-134.2. Oath and bond. 

28-90. Vacancies in positions of Directors. 28-134.3. Powers of wardens State-wide. 

28-91. Commercial Fisheries Advisory 28-136.1. Duty to obtain information of 

Board; appointment and term. violations. 

28-92. Compensation of members of Ad- 28-137, 28-138. [Repealed.] 

visory Board. 28-140.1. Search for and seize fish and 
28-93. Hearings by and actions against game possessed unlawfully. 

Advisory Board. 28-141. Division of Game may acquire 
28-94. Board to advise Director of Divi- rights of way to certain waters 

sion of Commercial Fisheries. for the public. 

Article 1. 
South Carolina JJ'Udlife Resources Commission. 
§ 28-81. Number of members and appointment. 

The head and governing board of the South Carolina Wildlife Resources De- 
partment shall be a commission to be known as the South Carolina Wildlife Re- 
sources Commission, which shall be composed of seven members, one from each 
congressional district in the State, and one at large. They shall be appointed by the 
Governor, by and with the advice and consent of the Senate. 

1952 (47) 1692, 2890. 

§ 28-82. Term and vacancies. 

Two of the original appointees were appointed for terms of office of two years, 
two for terms of office of four years and three for terms of office of six years. Their 
successors shall be appointed in like manner for terms of office of six years and 
until their successors shall have been appointed and qualified. All vacancies on the 
commission shall be filled for the unexpired term in the manner of original ap- 
pointment. 

1952 (47) 1692, 2890. 

§ 28-83. Chairman. 

One of the members shall be designated by the Governor to serve as chairman. 
1952 (47) 1692. 



§ 28-84 Code of Laws of South Carolina § 28-90 

§ 28-84. Compensation. 

Each member shall receive compensation in the amount of one hundred dollars 
per annum and official expenses as provided by law for State employees on public 
business. 

1952 (47) 1692, 2890. 

§ 28-85. Commission to act through Division of Game and Division of Com- 
mercial Fisheries. 

All of the functions, duties, powers and authority of the South Carolina Wild- 
life Resources Commission shall be performed, exercised and discharged in and 
through two divisions, the Division of Game (embracing the work and functions of 
the conservation of game and the execution and enforcement of the regulatory, tax 
and license laws of the State relating to birds, non-migratory fish and game and to 
fishing, other than commercial fishing, shell fish, shrimp, oysters, oyster leases and 
fisheries) and the Division of Commercial Fisheries (embracing the work and 
functions of the conservation of oysters, shrimp, shell fish, fisheries and all fish 
taken in commercial fishing, in fostering and developing industries in relation there- 
to and in the execution and enforcement of the regulatory, license and tax laws 
of the State relating to commercial fishing, shell fish, shrimp, oysters, oyster leases 
and fisheries.) 

1952 (47) 2890. 

§ 28-86. Division of Game. 

The Division of Game shall consist of a Director and such clerical, stenographic, 
technical, field and enforcement employees as may be necessary, to be employed 
by the Director with the approval of the Commission. 

1952 (47) 2890. 

§ 28-87. Director of Division of Game. 

The Director of the Division of Game shall be employed on and after July 1 
1954 by the Commission for such term and compensation, not greater than the 
term and compensation provided by law for the Chief Game Warden as of June 
30 1954, as shall be fixed by the Commission in its judgment. 

1952 (47) 2890. 

§ 28-88. Division of Commercial Fisheries. 

The Division of Commercial Fisheries shall consist of a Director and such cleri- 
cal, stenographic, technical, field and enforcement employees as may be necessary, 
to be employed by the Director with the approval of the Commission, and also a 
Commercial Fisheries Advisory Board. 

1952 (47) 2890. 

§ 28-89. Director of Division of Commercial Fisheries. 

The Director of the Division of Commercial Fisheries shall be a person who, by 
education, training and experience, is versed in the conservation of the oyster, shell 
fish, shrimp and commercial fishing resources of the State and is qualified to foster 
the development of the oyster, shell fish, shrimp and commercial fisheries industry 
of the State and to supervise the enforcement of the conservation, regulatory, li- 
cense and tax laws of the State relating to oyster, shell fish, shrimp and commercial 
fishing and fisheries. He shall be employed by the Commission for such term and 
compensation as shall be fixed by the Commission with the approval of the State 
Budget and Control Board. 

1952 (47) 2890. 

§ 28-90. Vacancies in positions of Directors. 

Any vacancy in the position of Director of either division shall be filled by em- 
ployment by the Commission in the manner of original emplovment. 
1952 (47) 2890. 

92 



§ 28-91 1954 Cumulative Supplement § 28-105.1 

§ 28-91. Commercial Fisheries Advisory Board; appointment and term. 

The Commercial Fisheries Advisory Board shall consist of three members pos- 
sessing knowledge of oysters, shell fish, shrimp and commercial fishing, both from 
a conservation and a commercial standpoint, who shall be appointed by the Gov- 
ernor and shall be residents of coastal counties which have a substantial commer- 
cial fisheries industry, no two of whom shall be residents of the same county. The 
first appointees were appointed for terms of one, two and three years, respectively, 
and their successors shall be appointed for terms of three years each. 

1952 (47) 2890. 

§ 28-92. Compensation of members of Advisory Board. 

The compensation of the members of the Advisory Board shall be a per diem of 
ten dollars for each day of attendance at meetings of the Board in the performance 
of its functions hereunder and the members thereof shall also receive official ex- 
penses as provided by law for State employees while engaged in public business. 

1952 (47) 2890. 

§ 28-93. Hearings by and actions against Advisory Board. 

The Advisory Board shall hold the 'hearings and shall exercise the hearing and 
determination powers and functions exercised by law prior to January 16 1952 by 
the State Board of Fisheries in all matters relating to oysters, oyster leases, shell 
fish, shrimp and commercial fishing, with appeals to the courts from the determi- 
nations and decisions of the Board in such matters as appeals were then provided 
for by law from determinations and decisions of the State Board of Fisheries. Any 
actions which might then have been maintained at law or in equity against the 
State Board of Fisheries shall lie against the Board as to all matters in reference 
to which functions are given to the Board hereunder. 

1952 (47) 2890. 

§ 28-94. Board to advise Director of Division of Commercial Fisheries. 

The Board shall also act as an advisory board to the Director of the Division of 
Commercial Fisheries on such matters as he may refer to it. 
1952 (47) 2890. 

§§ 28-101 to 28-104. State Game and Fish Commission. 

Repealed by A. & J. R. 1952 (47) 2890. 
Cross reference. — See now § 28-81 et seq. 

§ 28-105. Investigations ; reports ; recommendations. 

The Department shall continuously investigate the game and fish conditions of 
the State and the laws relating thereto. It shall annually make report of its activi- 
ties to the General Assembly and recommend legislation and other action by the 
General Assembly in its judgment conducive to the conservation of wildlife. 

1942 Code § 1755; 1935 (39) 478; 1952 (47) 2890. 

Effect of amendment. — These duties, now formed by the State Game and Fish Corn- 
devolved upon the South Carolina Wildlife mission, now abolished. 
Resources Department, were formerly per- 

§ 28-105.1. Same; game and fish cultural operations; sampling fish popula- 
tions. 

The authorized agents of the Department may conduct game and fish cultural 
operations and scientific investigations in such manner, places and at such times 
as are considered necessary, and to use whatever methods are deemed advisable 
for sampling fish populations. Such operations and investigations shall be con- 
ducted only at the request of and with the permission from the Director of the 
Division of Game and Fish or the Director of the Division of Commercial Fisher- 
ies. No such operations and investigations shall be made upon private lands and 
waters except at the request of the owner thereof. 

1954 (48) 1765. 

VOLUME 3 93 



§ 28-111 Code of Laws of South Carolina § 28-134.2 

§ 28-111. Election, term, oath and bond. 

Repealed by A. & J. R. 1952 (47) 2890. 

§ 28-112. Supervision over law enforcement. 

The Commission shall exercise supervision over the enforcement of the laws of 
the State, regulatory, tax, license or otherwise, in reference to birds, nonmigratory 
fish, game fish, shell fish, shrimp, oysters, oyster leases and fisheries. 

1942 Code § 1751; 1932 Code § 3285; Cr. C. '22 § 764; Cr. C. '12 § 747; 1910 (26) 575; 
1919 (31) 101; 1920 (31) 809; 1930 (36) 1219; 1952 (47) 2890. 

Effect of amendment. — The duties now This section not repealed by Reorganiza- 

devolved upon the Commission were for- tion Plan No. 8 (47 Stat. 2890) but duties 
merly imposed upon the Chief Game devolved upon Wildlife Resources Commis- 
Warden. sion. Atty. Gen. Op., June 5, 1954. 

§§ 28-113 to 28-115. Chief Game Warden. 

Repealed by A. & J. R. 1952 (47) 2890. 

Articlf 2. 
Game Wardens. 
§ 28-121. Appointment and removal. 

The Governor shall appoint, with the approval of the Wildlife Resources Com- 
mission from time to time, bird, nonmigratory fish and game wardens, whose terms 
of office shall be for two years and until their successors are appointed. The 
Governor shall issue a commission to each person appointed as a game warden and 
shall transmit such commission to the office of the clerk of court for the county 
in which such bird, nonmigratory fish and game warden is resident. No tax or 
fee shall be charged or collected for such commission. Any of such wardens may be 
removed by the Governor upon proof satisfactory to him that they are not fit 
persons for such positions. 

1942 Code § 1752; 1932 Code § 3286; Cr. C. '22 § 765; Cr. C. '12 § 748; 1907 (25) 
662; 1920 (31) 809; 1922 (32) 763; 1928 (35) 1195; 1930 (36) 1219; 1934 (38) 1210; 
1935 (39) 378; 1939 (41) 170; 1944 (43) 2316; 1947 (45) 320; 1952 (47) 2890. 

Effect of amendment. — The amendment Op., June 5, 1954. 
requires the appointment to be based on the There are no statutory provisions for 

recommendation of the Wildlife Resources appointment of non-pay wardens, but they 
Commission instead of the several legis- have been a part of the game warden force 
lative delegations. for years and Legislature has given their 

This section not repealed by Reorgani- appointment tacit consent. Such wardens, 
zation Plan No. 8 (47 Stat. 2890) but power however, should be appointed for definite 
of legislative delegations devolved upon two-year term. Atty. Gen. Op., June 5, 
Wildlife Resources Commission. Atty. Gen. 1954. 

§§ 28-122 to 28-134. County game wardens. 

Repealed by A. & J. R. 1952 (47) 2890. 

§ 28-134.1. Commissions of wardens. 

The Secretary of State shall transmit to the Director of the Division of Game 
the commissions of all game wardens and the Director shall deliver the commis- 
sions to the game wardens onlv after thev have filed oaths and bonds as provided 
in § 28-134.2. 

1952 (47) 2179. 

§ 28-134.2. Oath and bond. 

Every game warden appointed to protect the property of the State shall, before 
entering upon the duties of his office, take and subscribe, before a notary public 
or other officer authorized to administer an oath, an oath to perform the duties of 
the office and shall execute a bond with some reliable surety company approved by 
the Director of the Division of Game in the sum of one thousand dollars for the 
faithful discharge of his duties. The bond and oath shall be transmitted to the of- 

94 



§ 28-134.3 1954 Cumulative Supplement § 28-158 

fice of the Director who shall properly record the bond and oath and keep them 
on file in his office. 
1952 (47) 2179. 

§ 28-134.3. Powers of wardens State-wide. 

The warden so qualified shall have State-wide authority for the enforcement 
of all fish and game laws. 
1952 (47) 2179. 

§ 28-136.1. Duty to obtain information of violations. 

All game wardens shall obtain information as to all violations of the bird, non- 
migratory fish and game laws and shall check all bag limits, and the size and 
specie of such birds, nonmigratory fish and game. 

1952 (47) 2179. 

§§ 28-137, 28-138. Game wardens in Colleton and Pickens Counties. 

Repealed by A. & J. R. 1952 (47) 2890. 

§ 28-140.1. Search for and seize fish and game possessed unlawfully. 

A duly commissioned game warden, upon making an affidavit before a magis- 
trate or in any court of the State that there exist reasonable grounds to believe 
that birds, fish or game are in possession of any person or any common carrier in 
violation of the law, may procure a search warrant and open, enter and examine 
all cars, warehouses and receptacles of common carriers in the State where they 
have reason to believe any game or fish taken or held in violation of law is and, 
when any such game or fish are found, may seize the same. 

1952 (47) 2179. 

§ 28-141. Division of Game may acquire rights of way to certain waters for 
the public. 

The Division of Game may contract with owners of land contiguous to the Ca- 
tawba River and its tributaries for rights of ingress and egress to such waters over 
and upon such lands for the use of the public who wish to go lawfully upon said 
stream and waters. Such rights of way shall be leased for such terms as the land- 
owners and the Division of Game shall agree upon and compensation for them, if 
need be, may be paid from the game fund of York County. The purpose of this 
provision is to make sure that the public have reasonable access to the waters above 
referred to. 

1951 (47) 76; 1952 (47) 2890. 

Effect of amendment. — The powers now merley vested in the Game Department of 
vested in the Division of Game were for- York County, now abolished. 

CHAPTER 3. 
Commercial Fisheries Administrative Provisions. 

Sec. Sec. 

28-151 to 28-158. [Repealed.] 28-170. Duties of inspectors; power of ar- 

28-159. Jurisdiction of Division of Com- rest. 

mercial Fisheries. 28-171. [Repealed.] 

28-160. Division to enforce laws. 28-172. Authority of inspectors. 

28-161. Collection of revenues. 28-173. [Repealed.] 

28-162. Experimental propagation of shell- 28-174. Division may make rules, etc.; pen- 
fish; reports. alties for violation. 

28-163. Launches. 28-175 to 28-177. [Repealed.] 

28-164 to 28-168. [Repealed.] 28-178. Records of Division. 

28-169. Uniforms and badges. 28-179. Prosecution of violators. 

§§ 28-151 to 28-158. State Board of Fisheries. 

Repealed by A. & J. R. 1952 (47) 2890. 
Cross reference. — See now § 28-81 et seq. 

95 



§ 28-159 Code of Laws of South Carolina § 28-169 

§ 28-159. Jurisdiction of Division of Commercial Fisheries. 

The Division of Commercial Fisheries shall have jurisdiction over all salt water 
fish, fishing and fisheries, all fish, fishing and fisheries in all tidal waters of the 
State and all fish, fishing and fisheries in all waters of the State whereupon a tax 
or license is levied for use for commercial purposes. This includes the following : 
all shellfish, crustaceans, diamond-back terrapin, sea turtles, porpoises, shad, stur- 
geon, rock, herring and all other migratory fish. 

1942 Code § 3301; 1932 Code § 3301; 1924 (33) 1016; 1925 (34) 225; 1952 (47) 2890. 

Effect of amendment. — The amendment of Fisheries and the substitution of the Di- 
refiects the abolition of the State Board vision of Commercial Fisheries. 

§ 28-160. Division to enforce laws. 

The Division of Commercial Fisheries shall impartially enforce all laws pertain- 
ing to fish and fisheries. 

"1942 Code § 3308; 1932 Code § 3308; 1924 (33) 1016; 1952 (47) 2890. 

Effect of amendment. — Formerly this 
duty was imposed upon the State Board 
of Fisheries. 

§ 28-161. Collection of revenues. 

The Division shall enforce all laws for collection of revenues due the State from 
the fishing industries and leases of bottoms. 

1942 Code § 3315; 1932 Code § 3315; 1924 (33) 1016; 1952 (47) 2890. 

Effect of amendment. — Formerly this 
section referred to "the Board" instead 
of "the Commission." 

§ 28-162. Experimental propagation of shellfish; reports. 

The Division of Commercial Fisheries may expend such sums as it may deem 
advisable, not to exceed one hundred dollars per annum, in the experimental prop- 
agation of shellfish upon suitable bottoms and it shall report such experiments, the 
results thereof and its conclusions therefrom to the Governor and the General 
Assembly in its annual reports. 

1942 Code § 3309; 1932 Code § 3309; 1924 (33) 1016; 1952 (47) 2890. 

Effect of amendment. — Formerly the 
section referred to the State Board of 
Fisheries instead of the Division. 

§ 28-163. Launches. 

The Division shall purchase, equip and maintain six launches, one for Charles- 
ton County, one for Beaufort County, one for Georgetown County, one for Colle- 
ton County and the remaining two launches for the territory at large and may 
provide for repairs to be made to launches, vessels, machinery and furniture as 
may be necessary to keep them in serviceable condition. It shall see that the 
launches and vessels and their appurtenances are at all times kept clean and other- 
wise in good serviceable condition and may sell or exchange any launch or vessel 
belonging to the police fleet and, in such case, reinvest the proceeds of such sale, 
or make further exchanges as may appear to be necessary and best for the interest 
of the State. 

1942 Code § 3323; 1932 Code § 3323; 1924 (33) 1016; 1952 (47) 2890. 

Effect of amendment. — Formerly the 
section referred to "the Board" rather 
than "the Division." 

§§ 28-164 to 28-168. Inspectors and secretary. 
Repealed by A. & J. R. 1952 (47) 2890. 

§ 28-169. Uniforms and badges. 

The Division may require the inspectors or other agents appointed by it to wear 
uniforms to be prescribed by it and badges of their authority as arresting officers 
under the Coastal Fisheries Law. 

1942 Code § 3321; 1932 Code § 3321; 1924 (33) 1016; 1952 (47) 2890. 

96 



§ 28-170 1954 Cumulative Supplement § 28-174 

Effect of amendment. — Formerly the inspector and the assistant inspectors" in- 
sertion referred to "the Board" instead of stead of to "the inspectors or other agents 
"the Division" and it referred to "the chief appointed by it." 

§ 28-170. Duties of inspectors; power of arrest. 

The inspectors or other agents appointed by the Division for the purpose shall 
devote their entire time to the service of the State in carrying out the provisions, 
and enforcing compliance with the Coastal Fisheries Law and to that end they 
may arrest all violators of such law without warrant when the violations are com- 
mitted within their own knowledge and observation and take them without un- 
necessary delay before some officer authorized to issue arrest warrants and swear 
out warrants for their arrest and deliver them to an officer of the law under such 
warrants. They may also, upon warrants for violations of the Coastal Fisheries 
Law sworn out by others, make arrest therefor. 

1942 Code § 3322; 1932 Code § 3322; 1924 (33) 1016; 1952 (47) 2890. 

Effect of amendment. — Formerly the be maintained that such an indefinite ex- 
section referred to "the chief inspector and pression as the parenthetical phrase 
his assistant inspectors" instead of to "the "(Part or Full Time)" with reference to 
inspectors or other agents appointed by the salaries of the inspectors in the Gen- 
the Division for the purpose." eral Appropriation Act is effective as an 

This section provides that the inspec- amendment to this section. Langford v. 
tors shall devote their entire time to the State Board of Fisheries, 217 S. C. 118, 
duties of their office, and it could hardly 60 S. E. (2d) 59 (1950). 

§ 28-171. Duties of assistant inspectors. 

Repealed by A. & J. R. 1952 (47) 2890. 

§ 28-172. Authority of inspectors. 

It shall be lawful for the inspectors or other agents appointed by the Division 
for the purpose to enter any and all premises, vessels, boats, houses, sheds or 
warehouses used in fishing or any fishing industry in the tide waters or coastal 
section of this State and to arrest, without warrant, all persons found actually 
violating the penal laws contained in the Coastal Fisheries Law. 

1942 Code § 3328; 1932 Code § 3328; 1924 (33) 1016; 1952 (47) 2890. 

Effect of amendment. — The amendment Arrest without warrant. — The power to 

added the phrase "or other agents ap- arrest without warrant is not given by this 
pointed by the Division for the purpose." section except in those cases where per- 

Constitutionality. — The provisions of this sons are found actually violating the law. 
section allowing inspection and arrest with- This is but an enactment of the well-set- 
out warrant on the premises of shrimpers tied law that an officer may arrest with- 
licensed by the State of South Carolina out warrant for an offense committed in 
and operating under State supervision are his presence. Shipman v. Du Pre, 222 S. 
not unconstitutional. Shipman v. Du Pre, C. 475, 73 S. E. (2d) 716 (1952). 
222 S. C. 475, 73 S. E. (2d) 716 (1952). 

§ 28-173. Assistants to account for equipment. 

Repealed by A. & J. R. 1952 (47) 2890. 

§ 28-174. Division may make rules, etc. ; penalties for violation. 

The Division may adopt and promulgate rules and regulations for the govern- 
ment of the force under its control and for the control of fisheries, not contrary to 
or inconsistent with the laws and policy of the State, having the force and effect 
of law' and may provide penalties for violation thereof not to exceed forfeiture 
of license or privilege previously granted by the Division. 

1942 Code § 3310: 1932 Code §3310; 1924 (33) 1016; 1952 (47) 2890. 

Effect of amendment. — The section Constitutionality. — See Shipman v. Du- 

formerly referred to "the Board" instead Pre, 222 S. C, 475, 73 S. E. (2d) 716 
of to "the Division." (1952). 

Rules and regulations promulgated under Stated in Langford v. State Board of 

authority of this section, see Rules and Fisheries, 217 S. C. 118, 60 S. E. (2d) 59 
Regulations, Wildlife Resources Commis- (1950). 
sion, State, in volume 7. 

97 



§ 28-175 Cods of Laws of South Carolina § 28-201 

§§ 28-175 to 28-177. Reports of inspectors. 

Repealed by A. & J. R. 1952 (47) 2890. 

§ 28-178. Records of Division. 

The records and documents in the office of the Division shall include: 

(1) A record of leases granted for bottoms for the propagation of shellfish and 
the subsequent changes of ownership thereof ; 

(2) The particulars and amounts of all licenses and permits of every kind 
issued ; 

(3) A tabulated record of the quantity of each kind of fish taken in the waters 
of the State, the commercial value thereof, the amount exported and the amount 
consumed within the State ; 

(4) The number of men engaged in the various branches of the fishing indus- 
tries and their approximate earnings ; and 

(5) Any other matter which to them may appear advisable. All of such records 
shall be at all times open for inspection by the Governor or the Comptroller Gen- 
eral or their accredited agents. 

1942 Code § 3313; 1932 Code § 3313; 1924 (33) 1016; 1952 (47) 2890. 

Effect of amendment. — The section 
formerly referred to "the Board" instead 
of "the Division." 

§ 28-179. Prosecution of violators. 

The Division may prosecute for violations of such laws when in its judgment 
such prosecutions are for the best interests of industries or of the State and to 
that end may employ counsel having special knowledge of the fisheries laws and 
of the matters pertaining to fisheries and coastal conditions to work up and conduct 
such prosecutions in the inferior courts and to assist the solicitor in the court of 
general sessions and Supreme Court should he desire such assistance. 

1942 Code § 3315; 1932 Code § 3315; 1924 (33) 1016; 1952 (47) 2890. 

Effect of amendment. — The section 
formerly referred to "the Board" instead 
of "the Division." 

CHAPTER 4. 

Atlantic States Marine Fisheries Commission. 
Sec. 
28-201. State members of Commission. 

§ 28-201. State members of Commission. 

In pursuance of Article III of the Atlantic States Marine Fisheries Compact, of 
which this State is a signatory, there shall be three members, hereinafter called 
Commissioners, of the Atlantic States Marine Fisheries Commission, hereinafter 
called the Commission, from this State. The first Commissioner from this State 
shall be the Director of the Division of Commercial Fisheries ex officio, and the 
term of any such ex officio Commissioner shall terminate at the time he ceases to 
hold said office and his successor as Commissioner shall be his successor as chair- 
man of the State Board of Fisheries. The second Commissioner from this State shall 
be a legislator and member of the Commission on interstate cooperation of this 
State ex officio, designated by said Commission on interstate cooperation and the 
term of any such ex officio Commissioner shall terminate at the time he ceases to 
hold such legislative position or such position as Commissioner on interstate co- 
operation and his successor as Commissioner shall be named in like manner. The 
Governor, by and with the advice and consent of the Senate, shall appoint a citizen 
as a third Commissioner who shall have a knowledge of and interest in the marine 
fisheries problem. The term of such Commissioner shall be three years and he 
shall hold office until his successor shall be appointed and qualified. Vacancies oc- 
curring in the office of such Commissioner from any reason or cause shall be 

98 



28-300 



1954 Cumulative; Supplement 



28-300 



filled by appointment by the Governor, by and with the advice and consent of the 
Senate, for the unexpired term. The Director of the Division of Commercial Fish- 
eries as ex officio Commissioner may delegate, from time to time, to any deputy or 
other subordinate in his department or office, the power to be present and partici- 
pate, including voting as his representative or substitute at any meeting of or 
hearing by or other proceeding of the Commission. The terms of each of the ini- 
tial three members shall begin at the date of the appointment of the appointive 
Commissioner, provided the compact shall then have gone into effect in accordance 
with Article II thereof and otherwise shall begin upon the date upon which the 
compact shall become effective in accordance with said Article II. 

1942 (42) 1725; 1952 (47) 2890. 

Effect of amendment. — Formerly the was a member instead of the Director of 
chairman of the State Board of Fisheries the Division of Commercial Fisheries. 



CHAPTER 6. 
Protection of Game. 



Article 1. 
General Provisions. 



Sec. 

28-300. Penalty for violation of Federal 
migratory bird regulations. 

28-301. [Repealed.] 

28-303.1. Keeping in storage of certain birds 
or animals. 

28-304. [Repealed.] 

28-305. Permit to poison predatory ani- 
mals. 

Article 2. 
Hunting Licenses. 

28-311.1. Licenses not to be sold outside 
of State. 

28-313.1. Form of license. 

28-313.2. Purchase of licenses and receipts. 

28-313.3. Postdating licenses prohibited. 

28-313.4. Licenses to be carried on person 
and shown on demand. 

28-313.5. Issue of duplicate license. 

28-314 to 28-321. [Repealed.] 

28-322.1. Certain penalties. 

28-322.2. Forfeiture of license for lending, 
etc. 

28-322.3. Penalties for nonresidents hunt- 
ing without license. 

28-323 to 28-326. [Repealed.] 

Article 3. 
Closed and Open Seasons. 

28-331.1. Same; closed season on pheas- 
ants until 1957. 
28-332. [Repealed.] 
28-333. Same; special provisions for Game 

Zone No. 1. 
28-334.1. [Repealed.] 
28-335. Season to hunt game birds and 

animals in Game Zone No. 4. 
28-336. Same; certain provisions of § 28- 

335 not applicable to Lancaster 

County. 
28-336.1. Same; closed season on wild 

turkeys and deer until August 

31 1958. 
28-336.2. Same; special provision for Game 

Zone No. 5. 
28-336.3. Deer in Colleton County. 



Sec. 

28-338.1 to 28-340. [Repealed.] 

28-341. Special provisions for Game Zone 
No. 7. 

28-341.1. Same; exception as to quail sea- 
son in Williamsburg County. 

28-341.2. Same; penalties. 

28-342. Exceptions for Chesterfield County. 

28-343, 28-344. [Repealed.] 

28-344.1. Quail and partridges in Darling- 
ton County, 
to 28-354. [Repealed.] 
.1. 



28-345 
28-358 
28-358 



[Repealed.] 

Director may also close season on 
game on request of legislative 
delegation when conditions ab- 
normal. 
28-359 to 28-361. [Repealed.] 

Article 4. 

Bag Limits; Transportation and 

Shipment. 

28-370. Bag limits for quail, partridges and 

turkeys. 
28-371. [Repealed.] 
28-374, 28-375. [Repealed.] 
28-376.1. Special provisions for Game Zone 

No. 7. 
28-376.2. Same; presumption from posses- 
sion of game in excess of legal 

limits. 
28-376.3. Special provision for Game Zone 

No. 5. 
2S-377. [Repealed.] 
28-378. Limits in Colleton Countv. 
28-379. [Repealed.] 
28-379.1. Limit for quail and partridges in 

Bamberg County. 
28-381. [Repealed.] 
28-381.1. Limit for shipment of game within 

the State. 
28-382. [Repealed.] 
28-382.1. Label. 
82-383. [Repealed.] 
28-383.1. When transportation company 

not to receive game. 
28-384. [Repealed.] 



99 



§ 28-300 



Code of Laws of South Carolina 



§ 28-300 



Sec. 

28-387. Shipping of game beyond State 
limits by landowner or licensee. 

Article 5. 
Wild Non-Game Birds. 

28-400. Killing, etc., wild non-game birds. 

28-400.1. Sale of plumage, skin or body of 
such birds. 

28-400.2. Destruction of eggs or nests of 
wild birds. 

28-400.3. Wild non-game birds not to be 
transported. 

28-400.4. Exceptions for scientific or house- 
hold purposes. 

28-400.5. Issue of certificates. 

28-401 to 28-406. [Repealed.] 

Article 6. 
Foxes and Wildcats. 

28-421 to 28-430. [Repealed.] 

28-430.1. Hunting foxes. 

28-430.2. [Repealed.] 

28-430.3. Same; special penalty in Game 

Zone No. 5. 
28-430.4. Same; exceptions for Game Zone 

No. 2. 
28-431. Same; bounty in Colleton County. 
28-432 to 28-435. [Repealed.] 
28-436.1. When Director may declare open 

season on foxes. 
28-437. [Repealed.] 
28-439. Bounty for foxes killed in Greenville 

and Laurens Counties. 

Article 7. 

Special Provisions Relating to Other 

Animals and Game. 

28-453. [Repealed.] 

28-456.1. Forfeiture of vehicles, etc., used 

in hunting deer at night. 
28-456.2. Sale of such vehicles, etc. 
28-456.3. Buying or selling deer. 
28-456.4. Possession of venison or fresh 

deer skins during closed season. 
28-456.5. [Repealed.] 
28.456.6. Possession of beheaded deer in 

transit prohibited. 
28-457 to 28-460. [Repealed.] 
28-463.1. Same; when numbered, marked 

or with name or initials of owner. 
28-463.2. When Director may declare open 

season on coyotes. 



Sec. 

28-463.3. Coyotes not to be brought into 

State; trapping coyotes. 
2S-464 to 28-466. [Repealed.] 
28-467.1. Sale of partridge, wild turkey or 

woodcock. 
28-468. [Repealed.] 
28-470. Pheasant eggs. 
28-470.1. Rabbits destroying crops. 
28-471. [Repealed.] 
28-473. Shooting or killing of alligators 

prohibited in Game Zones 5, 6 

and 7. 

Article 8. 
Furs, Traps, etc. 

28-480. License to buy furs, hides, pelts, 
etc. 

28-481. [Repealed.] 

28-482.1. Tags for skins of game animals 
bought, stored or transported. 

28-482.2. Forgery of tags. 

28-482.3. Receipt for transportation with- 
out tag on package. 

28-482.4. Reports of shipment. 

28-482.5. Control of tags; proceeds of sale. 

28-4S3 to 28-487. [Repealed.] 

28-488.1. Use of dead falls for certain 
trapping prohibited. 

28-489. [Repealed.] 

28-491 to 28-494. [Repealed.] 

Article 9. 

Sanctuaries, Propagation, Preserves and 

Breeding. 

28-510. Establishment of game sanctuaries. 

28-511. [Repealed.] 

28-511.1. Game Sanctuary in Berkeley 
County. 

28-515. Game Sanctuary in Orangeburg 
County. 

28-520. Jackson National Forest Game 
Refuge. 

28-521. Camp Moore game propagation 
farm. 

28-522. Hunting clubs and Game Preserves. 

28-522.1. Breeding game birds other than 
pheasants for commercial pur- 
poses. 

28-522.2. Breeding pheasants for commer- 
cial purposes. 

28-523 to 28-525. [Repealed.] 



Article 1. 
General Provisions. 

§ 28-300. Penalty for violation of Federal migratory bird regulations. 

The Federal migratory bird treaty regulations, being the supreme law of the 
land under article VI of the Constitution of the United States, are hereby declared 
to be the law of this State and the penalty for their violation shall be punishment 
by fine of not less than twenty-five dollars nor more than one hundred dollars or 
thirty days' imprisonment. 

1952 (47) 2179. 

The adoption by reference of the federal section such laws became of full force and 
migratory bird laws is valid and constitu- effect as law of this State. Atty. Gen. Op., 
tionally unobjectionable, and perforce this Sept. 19, 1953. 

100 



§ 28-301 1954 Cumulative Supplement Y£l£SZ § 

§ 28-301. Penalty for violation of Federal migratory bird regulations. 
Repealed by A. & J. R. 1952 (47) 2179. 
Cross reference. — See now § 28-300. 

§ 28-303.1. Keeping in storage of certain birds or animals. 

It shall be unlawful to keep any of the birds or animals forbidden to be sold by 
the terms of §§ 28-456.3 or 28-467.1 in cold storage or refrigerating plants, except 
in a private dwelling, unless the bird or animal in cold storage, or the package 
containing it, shall bear the name and address and the serial number and class 
of the hunting license of the owner of such bird or animal. 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. 

1952 (47) 2179. 

§ 28-304. Keeping in cold storage of certain birds or animals. 

Repealed by A. & J. R. 1952 (47) 2179. 
Cross reference. — See now § 28-303.1. 

§ 28-305. Permit to poison predatory animals. 

Any person desiring to put out poison on lands belonging to such person for 
the purpose of poisoning predatory animals shall first obtain a permit from the 
Director and shall publish the dates such poison will be put out and describe the 
areas where it will be placed by one notice in a newspaper published in the county 
in which such lands are situate. Poison may not otherwise be put out on lands 
in this State. Any person violating the provision of this section shall be guilty of 
a misdemeanor and shall be subject to a fine of not less than twenty-five dollars 
nor more than one hundred dollars or imprisonment for not less than ten days 
or more than thirty days. 

1952 (47) 2179. 

Article 2. 

Hunting Licenses. 

§ 28-311.1. Licenses not to be sold outside of State. 

No hunting license shall be sold or issued outside of the boundaries of the State. 
1952 (47) 2179. 
§ 28-312. License fees. 

This section construed to prohibit one any county except that of his residence, 
from obtaining a county hunting license in Atty. Gen. Op., Jan. 14, 1954. 

§ 28-313.1. Form of license. 

All hunting licenses shall be of such quality and suitable design as may be desig- 
nated by the Director, the cost thereof to be paid for out of the game protection 
fund. 

1952 (47) 2179. 

§ 28-313.2. Purchase of licenses and receipts. 

The Joint Committtee on Printing shall purchase on competitive bids the licenses 
and forms of receipts that are necessary to be used each season. 
1952 (47) 2179. 

§ 28-313.3. Postdating licenses prohibited. 

All game wardens and their agents in this State are hereby prohibited from 
postdating any hunting license. Any game warden or agent violating the provisions 
of this section shall be guilty of a misdemeanor and punished by a fine of not 
less than twenty-five dollars nor more than one hundred dollars or thirty days' im- 
prisonment. 

1952 (47) 2179. 

§ 28-313.4. Licenses to be carried on person and shown on demand. 

Every licensee shall carry on his person his hunting license and upon demand 
shall show said license to any game warden or officer of the law. 
1952 (47) 2179. 

101 



§ 28-313.5 Code oe Laws of South Carolina § 28-333 

§ 28-313.5. Issue of duplicate license. 

Duplicate hunting licenses shall only be issued by the Director, upon an affidavit 
from a licensee as to the loss of his original hunting license and upon payment by 
such licensee of the cost of the duplicate. 

1952 (47) 2179. 

§§ 28-314 to 28-321. Disposition of fees in Saluda County; form and material 

of license ; purchase thereof ; issuing by game wardens ; 
display, exhibition on request; duplicates. 
Repealed by A. & J. R. 1952 (47) 2179. 

Cross reference. — See now §§ 28-313.1 to 
28-313.5. 

§ 28-322.1. Certain penalties. 

The penalty for violating any provision of §§28-313.1, 28-313.2, 28-313.4, 28- 
313.5, 28-322 and 28-322.2 shall be the payment of a fine of not less than twenty- 
five dollars nor more than one hundred dollars or thirty days' imprisonment. 

1952 (47) 2179. 

§ 28-322.2. Forfeiture of license for lending, etc. 

Any person convicted of borrowing, lending or exchanging a hunting license 
with another person, in addition to suffering the penalties set forth in § 28-322.1, 
shall forfeit his hunting license and all right to such hunting license and be pro- 
hibited from procuring another hunting license for the season for which the hunting 
license so borrowed, exchanged or loaned was issued. Should a person attempt 
to hunt or hunt while laboring under such prohibition, such person shall be guilty 
of hunting without a proper hunting license and subject to the penalty provided 
by law for hunting without a license. 

1952 (47) 2179. 

§ 28-322.3. Penalties for nonresidents hunting without license. 

The penalty for a nonresident hunting without a nonresident hunting license 
in this State, shall be a fine of not less than fifty dollars nor more than one hun- 
dred dollars or imprisonment for not less than ten days nor more than thirty 
days for the first day of such offense and five dollars per day additional for each 
and every successive day of such offense. 

1952 (47) 2179. 

§§ 28-323 to 28-326. Penalties, forfeiture of license and disposition of fines 

and forfeitures. 
Repealed by A. & J. R. 1952 (47) 2179. 

Cross reference.— See now §§ 28-8.4, 28- 
12.1, 28-322.1, 28-322.2 and 28-322.3. 

Article 3. 
Closed and Open Seasons. 

§ 28-331.1. Same; closed season on pheasants until 1957. 

Until April 25 1957 it shall be unlawful to hunt and kill with firearms or trap 
pheasants in this State except within the confines of privately owned preserves 
duly licensed by the Director. 

1952 (47) 2179. 

§ 28-332. Same; closed season on pheasants until 1955. 

Repealed by A. & J. R. 1952 (47) 2179. 
Cross reference.— See now § 28-331.1. 

§ 28-333. Same; special provisions for Game Zone No. 1. 

(6) The open season for hunting of squirrels shall be from September 15th 
through January 31st. 

102 



§ 28-334.1 1954 Cumulative Supplement § 28-336.1 

All portions of the year not designated as open seasons shall be considered as 
closed seasons. 

Any person desiring to train rabbit hunting dogs may do so from September 1st 
to Thanksgiving Day without the use of firearms before the hunting season opens. 
Any violation of any of the provisions of this section shall be punishable by a fine 
of not more than one hundred dollars nor less than ten dollars or imprisonment of 
not more than thirty days. 

1942 Code §§ 1789, 1789-1, 1790-4; 1938 (40) 1657; 1939 (41) 534; 1940 (41) 1728; 
1941 (42) 225; 1949 (46) 579; 1953 (48) 392; 1954 (48) 1542. 

Effect of amendment. — The 1954 amend- days before the hunting season opens. The 
ment changed in paragraph (6) the date introductory paragraph and the first five 
October 16th to September 15th. Prior to numbered paragraphs were not affected by 
the 1953 amendment, in the last paragraph, the amendments and are therefore not set 
the period for training rabbit hunting dogs forth above, 
was formerly limited to a period of fifteen 

§ 28-334.1. Same; exceptions for Anderson County. 

Repealed by A. & J. R. 1952 (47) 2179. 

§ 28-335. Season to hunt game birds and animals in Game Zone No. 4. 

The open season for the hunting with firearms of rabbits, quail, squirrels and 
all other game birds or animals, except those coming under the provisions of the 
Federal Migratory Bird Treaty, in Game Zone No. 4 shall be from Thanksgiving 
Day to February first of the following year, both dates inclusive, except : 

(1) The open season for the hunting of squirrels shall be from the first day of 
October of each year until the first day of March of the following year, both dates 
inclusive ; 

(2) The open season for the hunting of domestic doves shall be from September 
fifteenth to October fifteenth, both dates inclusive ; and 

(3) There shall also be an open season for the hunting of doves, domestic and 
otherwise, during such period as the government of the United States of America 
permits the hunting of migratory birds in said zone. 

Any violation of any of the provisions of this section shall be punished by a 
fine of not more than one hundred dollars nor less than ten dollars or imprisonment 
for not exceeding thirty days. 

1950 (46) 2360; 1952 (47) 2179. 

Effect of amendment. — The amendment 
added the three numbered paragraphs. 

§ 28-336. Same; certain provisions of § 28-335 not applicable to Lancaster 
County. 

The provisions of the first (unnumbered) paragraph of § 28-335 shall not be 
applicable in Lancaster County but the provisions of the paragraphs numbered (1), 
(2) and (3) shall be applicable in that county. 

1950 (46) 2360; 1952 (47) 2179. 

Effect of amendment. — The amendment were added in 1952, were applicable in 
made clear that the provisions of para- Lancaster County, 
graphs (1), (2) and (3) of § 28-335, which 

§ 28-336.1. Same: closed season on wild turkeys and deer until August 31 
1958. 

There is hereby declared to be a five year closed season on hunting wild turkeys 
and deer in Game Zone 4 which shall begin on September 1 1953 and continue 
until August 31 1958. Any person hunting wild turkeys or deer in Game Zone 
4 during such closed season shall be guilty of a misdemeanor and, upon conviction, 
shall be punished by a fine of not less than ten dollars nor more than one hundred 
dollars or be imprisoned for a period not exceeding thirty days. 

1953 (48) 623. 

103 



§ 28-336.2 Code of Laws of 1 South Carolina § 28-341.2 

§ 28-336.2. Same ; special provision for Game Zone No. 5. 

The open season for hunting domestic game birds and animals in Zone No. 5 
shall be from Thanksgiving Day to February 1 5th following, inclusive, except that : 

(1) Deer (bucks only) may be hunted from September 15 to January 1, in- 
clusive ; 

(2) Raccoons and opossums may be hunted from September 15 to February 
15, inclusive ; and 

(3) Between September 15 and Thanksgiving Day rabbits may be hunted 
without firearms and squirrels may be hunted without dogs. 

Any person violating any of the provisions of this section shall, upon conviction, 
be fined not exceeding one hundred dollars or imprisoned for not more than thirty 
days. 

1953 (48) 292. 

§ 28-336.3. Deer in Colleton County. 

It shall be unlawful to hunt deer in Colleton County at any time between the 
first day of January and the fifteenth day of August next thereafter. The open 
season for hunting deer shall extend from the fifteenth day of August to and in- 
cluding the first of January, following. Any person violating the provisions of 
this section shall be guilty of a misdemeanor and shall be punished as provided by 
law for hunting deer out of season. 

1953 (48) 7. 

§§ 28-338.1 to 28-340. Special provisions for Game Zone No. 7 and various 

counties. 
Repealed by A. & J. R. 1952 (47) 2179. 

Cross reference. — See now §§ 28-341 to 
28-341.3. 

§ 28-341. Special provisions for Game Zone No. 7. 

There are hereby created open and closed seasons for the hunting of game in 
Game Zone 7 as follows : 

(1) There shall be no open season for the hunting of turkeys until April 25 
1954; 

(2) The open season for the hunting of buck deer shall be from September 15th 
to January 1st, inclusive; 

(3) There shall be no open season for the hunting of female deer; 

(4) The open season for the hunting of raccoon, mink, muskrat and otter shall 
be from September 15th to March 1st, inclusive ; 

(5) The open season for the hunting of squirrel shall be from October 1st to 
February 1st, inclusive; 

(6) The open season for the hunting of quail shall be from sunrise to sunset 
on Thanksgiving Day and Friday and Saturday following and from the second 
Monday in December to February 15th, inclusive; and 

(7) There shall be no closed season for the hunting of o'possum, rabbit or fox. 
1952 (47) 2179. 

§ 28-341.1. Same; exception as to quail season in Williamsburg County. 

In Williamsburg County the quail hunting season shall run to and including 
March 1st. 

1952 (47) 1844. 

§28-341.2. Same; penalties. 

Any person violating any of the provisions of §§ 28-341 or 28-376.1, shall be 
guilty of a misdemeanor and upon conviction shall be fined for the first offense not 
less than twenty-five dollars nor more than one hundred dollars or be imprisoned 
for not more than thirty days; for the second offense not less than fifty dollars 
nor more than one hundred dollars or be imprisoned for not more than thirty 

104 



§ 28-342 1954 Cumulative Supplement § 28-370 

days ; for the third offense not less than one hundred dollars or be imprisoned for 
not more than sixty days ; and for each subsequent offense the fine or imprison- 
ment shall be doubled. Each violation of any provision of said section shall con- 
stitute a separate offense. 
1952 (47) 2179. 

§ 28-342. Exceptions for Chesterfield County. 

The open season for hunting certain game in Chesterfield County shall be as 
follows : for quail and partridges from Thanksgiving Day to February fifteenth, 
inclusive ; for squirrel shall be from October first to February first, inclusive ; for 
deer, bucks only, shall be from August fifteenth to January first, inclusive. 

1942 Code § 1781; 1936 (39) 1636; 1937 (40) 99; 1943 (43) 190; 1950 (46) 2257; 1952 
(47) 1729. 

Effect of amendment. — The amendment 
changed the opening of the season on deer 
from October first to August fifteenth. 

§§ 28-343, 28-344. Special provisions for certain counties. 

Repealed by A. & J. R. 1952 (47) 2179. 

§ 28-344.1. Quail and partridges in Darlington County. 

Repealed by A. & J. R. 1952 (47) 2179. 
Cross reference.- — See now § 28-336.2. 
§§ 28-345 to 28-354. Special provisions for certain counties. 
Repealed by A. & J. R. 1952 (47) 2179. 

§ 28-358.1. Director may close season on game when conditions abnormal. 
Repealed by A. & J. R. 1954 (48) 1428. 
Cross reference. — See now § 28-358.2. 

§ 28-358.2. Director may close season on game on request of legislative 
delegation when conditions abnormal. 

When in any county of the State there exist abnormal conditions that might af- 
fect the supply of game or there is an abnormal scarcity of game, the Director of 
the Division of Game of the Wildlife Resources Department, upon the written re- 
quest of a majority of the legislative delegation, including the Senator, from such 
county, may shorten or close the open season for hunting in any such county. The 
Director shall give notice of the closed or shortened season so declared by publi- 
cation in at least two daily newspapers and in a newspaper of the county in which 
the closed or shortened season is declared, stating the length of period of such 
closed or shortened season. Any person found hunting with gun or dog within 
the restricted territory during a closed season so declared, shall be prima facie 
guilty of a violation of the provisions of this section, regardless of whether he 
has killed any game or not. The penalty for violation of the provisions of this 
section shall be a fine of not less than twenty-five dollars nor more than one 
hundred dollars or imprisonment for not less than thirty days. 

1954 (48) 1428. 

§§ 28-359 to 28-361. Closing or shortening season; applicability to Lancaster 

County. 
Repealed by A. & J. R. 1952 (47) 2179. 
Cross reference. — See now § 28-358.2. 

Article 4. 
Bag Limits ; Transportation and Shipment. 

§ 28-370. Bag limits for quail, partridges and turkeys. 

The bag limit for quail and partridges shall be fifteen per day to the hunter and 
the bag limit for wild turkeys shall be two male turkeys per day and a total of five 
male turkeys per season to the hunter. 

1952 (47) 2179. 

105 



§ 28-371 Code; op Laws of South Carolina § 28-381.1 

§ 28-371. Bag 1 limits for quail, partridges and turkeys. 

Repealed by A. & J. R. 1952 (47) 2179. 
Cross reference. — See now § 28-370. 

§§ 28-374, 28-375. Limit for rabbits in Game Zone No. 4. 

Repealed by A. & J. R. 1952 (47) 2179. 

§ 28-376.1. Special provisions for Game Zone No. 7. 

In Game Zone No. 7 : 

(1) No person shall kill more than one buck deer per day nor more than five 
per season ; 

(2) No person shall kill more than ten squirrels per day; and 

(3) No person shall kill more than ten quail per day. 

Any person violating any of the provisions of this section shall be guilty of a 
misdemeanor and shall, upon conviction, be punished as provided in § 28-341.2. 

1951 (47) 244; 1952 (47) 2179. 

Effect of amendment. — The amendment 338.3, now repealed, to new § 28-341.2, 
changed the reference from Code § 28- which provides the same penalty. 

§ 28-376.2. Same; presumption from possession of game in excess of legal 
limits. 

Any person having in his possession in Game Zone No. 7 on any lake, stream, 
river or their tributaries, going to or coming from such lake, stream, river or their 
tributaries, in the fields or woods or going to or coming from the fields or woods any 
game in excess of the limits provided in § 28-376.1 or in any State act shall be 
presumed to have killed or caught such game. 

1952 (47) 2179. 

§ 28-376.3. Special provision for Game Zone No. 5. 

Not more than ten quail may be taken by any one person on any one day in 
Game Zone No. 5. Any person violating the provisions of this section shall, upon 
conviction, be fined not exceeding one hundred dollars or imprisoned for not more 
than thirty days. 

1953 (48) 292. 

§ 28-377. Limits for quail in Clarendon and Saluda Counties. 

Repealed by A. & J. R. 1952 (47) 2179. 

§ 28-378. Limits in Colleton County. 

The bag limit for deer in Colleton County shall be three per season for each li- 
censed individual. Any person violating any of the provisions of this section shall 
be guilty of a misdemeanor and, upon conviction, fined not more than one hundred 
dollars or imprisoned not more than thirty days. 

1950 (46) 2287; 1952 (47) 2179. 

Effect of amendment. — The amendment number of partridges and quail that could 
eliminated a former local limitation on the be killed in one day. 

§ 28-379. Limit on turkeys in Richland County until June 9 1954. 

Repealed by A. & J. R. 1952 (47) 2179. 

§ 28-379.1. Limit for quail and partridges in Bamberg County. 

The bag limit for quail and partridges in Bamberg County shall be ten per day 
to the hunter. 
1952 (47) 1884. 

§ 28-381. Game that may be carried from State. 
Repealed by A. & J. R. 1952 (47) 2179. 

§ 28-381.1. Limit for shipment of game within the State. 

It shall be lawful for a person to ship during any one week not over the bag limit 
for two days, as provided by law, of any domestic game, birds or animals to any 

106 



§ 28-382 1954 Cumulative Supplement § 28-387 

private address in this State when he shall have conformed to the rules and regu- 
lations prescribed by the Director under § 28-382.1. 
1952 (47) 2179. 

§ 28-382. Limit for shipment of game within the State. 

Repealed by A. & J. R. 1952 (47) 2179. 
Cross reference. — See now § 28-381.1. 

§ 28-382.1. Label. 

Any person so desiring to ship game birds or animals as above described dur- 
ing the open season for such game birds or animals or within five days after the 
closing of the same shall make application to the Director or his deputy and upon 
such application the Director or his deputy, if it shall appear to him that such ship- 
ment is for private and personal use and not for sale of such game birds or ani- 
mals, shall issue to the applicant a tag or label for use in shipping such game birds 
or animals. Such label shall be of such design and in such form as the Director 
shall prescribe. 

1952 (47) 2179. 

§ 28-383. Label. 

Repealed by A. & J. R. 1952 (47) 2179. 
Cross reference. — See now § 28-382.1. 

§ 28-383.1. When transportation company not to receive game. 

It shall be unlawful for any transportation company to receive for shipment 
any of the game birds or animals of the State, except in season, and unless the 
package containing them shall be so labeled as to show the consignor or consignee 
and the number and kind of game birds or animals. 

1952 (47) 2179. 

§ 28-384. When transportation company not to receive game. 

Repealed by A. & J. R. 1952 (47) 2179. 
Cross reference. — See now § 28-383.1. 

§ 28-387. Shipping of game beyond State limits by landowner or licensee. 

It shall be lawful for any landowner or licensee to ship or carry beyond the 
limits of this State during any one week not over the bag limit for one day, as 
provided by law, of any domestic game birds or animals, when he shall have 
conformed to the rules and regulations prescribed by the Director under this sec- 
tion. Any landowner or licensee desiring to ship domestic game birds or animals be- 
yond the limits of the State during the open season for such game birds or animals 
shall make application to the Director, giving location of property and class and 
serial number of license held and upon such application, if it shall appear to the 
Director that such shipment is for private, personal or charitable use and not for 
sale of such game birds or animals, he may issue to the applicant a tag or label 
for use in shipping such game birds or animals, such tag or label to be of such de- 
sign and in such form as the Director shall prescribe. Any person shipping or re- 
ceiving for shipment beyond the limits of the State any domestic game birds or 
animals, in violation of the provisions of this section, shall be liable to a fine of 
not less than fifty dollars, nor more than one hundred dollars, or imprisonment for 
thirty days for each and every offense. 

1942 Code § 1786-6; 1932 Code § 1778; 1924 (33) 1056; 1952 (47) 2179. 

Effect of amendment. — The duties now 
exercised by the Director were formerly 
imposed upon the Chief Game Warden. 

107 



§ 28-400 Code of Laws of South Carolina § 28-406 

Article 5. 
Wild Non-Game Birds. 

§ 28-400. Killing 1 , etc., wild non-game birds. 

No person within the State shall kill, catch or have in his possession, living or 
dead, any resident or migratory wild bird, other than a game bird or buzzard, or 
purchase, offer or expose for sale any such wild non-game bird after it has been 
killed or caught, except as permitted by §§ 28-400.4 and 28-400.5. 

1952 (47) 2179. 

§ 28-400.1. Sale of plumage, skin or body of such birds. 

No part of the plumage, skin or body of any bird protected by § 28-400 shall be 
sold or had in possession for sale and this irrespective of whether such bird was 
captured or killed within or without the State. 

1952 (47) 2179. 

§ 28-400.2. Destruction of eggs or nests of wild birds. 

No person within the State shall take or destroy, or attempt to take or destroy, 
the nest or the eggs of any wild bird or have such nest or eggs in his possession, 
except as permitted in §§ 28-400.4 and 28-400.5. 

1952 (47) 2179. 

§ 28-400.3. Wild non-game birds not to be transported. 

It shall be unlawful for any person acting as a common carrier, its officers, 
agents or servants, to ship, carry, take or transport, either within or beyond the 
confines of the State, any resident or migratory wild non-game bird, except as 
permitted by § 28-400.5. 

1952 (47) 2179. 

§ 28-400.4. Exceptions for scientific or household purposes. 

The prohibitions of this article shall not apply to any person holding a certificate 
giving the right to take birds, their nests or eggs, for strictly scientific purposes, 
as provided for in § 28-400.5, nor shall anything contained in this article prevent 
any householder from keeping any resident or migratory birds, whether game or 
non-game, in aviaries or cages as pets or for experimental and breeding purposes 
or from trapping or catching them for such purposes if they are trapped or caught 
on his own lands and are not kept for barter, sale or exchange. 

1952 (47) 2179. 

§ 28-400.5. Issue of certificates. 

Certificates may be granted by the Director to any properly accredited person 
of the age of fifteen years or upwards, permitting the holder thereof to collect birds, 
their nests or eggs, for strictly scientific purposes only. In order to obtain such 
a certificate the applicant for it must present to the Director written testimonials 
from two well-known ornithologists, certifying to the good character and fitness of 
the applicant to be entrusted with such privilege, and must pay to the Director 
one dollar to defray the necessary expenses attending the granting of such certifi- 
cate. On proof that the holder of such certificate has captured or killed any bird 
or taken the nests or eggs of any bird for other than scientific purposes the certifi- 
cate shall become void and he shall be liable to a fine of not more than one hun- 
dred dollars or imprisonment not exceeding thirty days. The certificates authorized 
by this section shall expire on the thirty-first day of December of the year issued 
and shall not be transferable. 

1952 (47) 2179. 

§§ 28-401 to 28-406. Protection of wild non-game birds. 

Repealed by A. J. R. 1952 (47) 2179. 

Cress reference. — See now §§ 28-400 to 

28-400.5. 

108 



§ 28-421 1954 Cumulative Supplement § 28-439 

Article 6. 

Foxes and Wildcats. 

§§ 28-421 to 28-430. When foxes may be hunted generally; various local ex- 
ceptions. 

Repealed by A. & J. R. 1952 (47) 2179. 

§ 28-430.1. Hunting foxes. 

Foxes may be hunted at any time except that firearms may not be used in such 
hunting between January second and August fifteenth of each year. 
1952^(47) 2179. 

§ 28-130.2. Same; exceptions for Game Zone No. 2. 

Repealed by A. & J. R. 1954 (48) 1808. 
Cross reference. — See now § 28-430.4. 

§ 28-430.3. Same ; special penalty in Game Zone No. 5. 

Any person violating the provisions of § 28-430.1 in Game Zone No. 5 shall, 
upon conviction, be fined not exceeding one hundred dollars or imprisoned for not 
more than thirty days. 

1953 (48) 292. 

§ 28-430.4. Same; exceptions for Game Zone No. 2. 

There shall be no closed season for hunting foxes in Game Zone No. 2, how- 
ever, poison and steel traps may not be used. 

1954 (48) 1808. 

§ 28-431. Same; bounty in Colleton County. 

Tbe governing body of Colleton County and other governing bodies in the county 
may pay such bounties as they deem proper for the lawful killing of foxes and may 
establish such regulations with respect to the payment of such bounties as they 
deem proper in the circumstances. 

1943 (43) 120; 1952 (47) 2179. 

Effect of amendment. — The amendment ing with the manner of hunting foxes in 
repealed the former first paragraph deal- the county. 

§§ 28-432 to 28-435. Local county provisions relating to foxes. 

Repealed by A. & J. R. 1952 (47) 2179. 

§ 28-436.1. When Director may declare open season on foxes. 

Whenever it sball appear that foxes are destroying birds, poultry, pigs, lambs 
or other property or that there is an apparent epidemic of rabies in any county in 
this State, the Director, upon the written request of a majority of the county legis- 
lative delegation, sball declare an open season on foxes, with the use of firearms, 
in the county suffering from such destruction for such period of time as such dele- 
gation may deem desirable. 

1952 (47) 2179. 

§ 28-437. Foxes destroying property. 

Repealed by A. & J. R. 1952 (47) 2179. 
Cross reference. — See now § 28-436.1. 

§ 28-439. Bounty for foxes killed in Greenville and Laurens Counties 

Tbe game wardens of Greenville and Laurens Counties shall offer and pay a 
bounty to persons killing foxes in said counties. The amount of such bounty shall 
be two dollars for each fox killed. In order for a person to receive a bounty under 
the provisions of this section such person shall make an affidavit that the fox was 
killed in Greenville County or Laurens County, as the case may be, and by whom 
killed. He must produce two ears joined by a part of the scalp of each fox killed and 
shall comply with any reasonable rules and regulations promulgated by the re- 
spective county game wardens to carry out the purposes of this section. The county 

VOLUME 3 109 



§ 28-453 Code of Laws of South Carolina § 28-456.4 

game wardens may authorize any seller of licenses to receive such affidavit and such 
evidence and pay the bounty. The bounty shall come out of Greenville County or 
Laurens County funds in the office of the Division of Game and whenever it shall 
appear that such moneys are not available for either of said counties to pay such 
bounties the offer and payment of such bounties shall cease as to foxes killed in 
such county. 

1949 (46) 75; 1950 (46) 1832; 1951 (47) 65; 1953 (48) 482. 

Effect of amendment. — Reorganization undertook to amend it by eliminating An- 
Plan No. 8 (A. & J. R. 1952 (47) 2890) derson County. But as there are no game 
and Act No. 898 of A. & J. R. 1952 (47), wardens of Greenville or Laurens Counties 
1952 (47) 2179, abolished all county game it is still believed that no part of the sec- 
wardens and therefore by implication re- tion can be operative, 
pealed this section. However the 1953 act 

Article 7. 

Special Provisions Relating to Other Animals and Game. 

§ 28-453. Same; absolute prohibition in Edgefield County. 
Repealed by A. & J. R. 1952 (47) 2179. 

§ 28-458.1. Forfeiture of vehicles, etc., used in hunting- deer at night. 

Every vehicle, boat, animal and firearm used in the hunting of deer at night is 
hereby declared forfeited to the State and shall be confiscated by any peace officer, 
who shall forthwith deliver it to the Director or his duly authorized agent. 

The term "hunting" as used in this section in reference to a vehicle or boat shall 
include the transportation of a hunter to or from the place of hunting and the 
transportation of the carcass, or any part thereof, of a deer which has been un- 
lawfully killed at night. 

1952 (47) 2179. 

§ 28-456.2. Sale of such vehicles, etc. 

The Director or his authorized agent shall sell any such vehicle, boat, animal 
or firearm at public auction for cash to the highest bidder in front of the county 
courthouse in the county in which it was confiscated, after having given ten days' 
public notice of such sale by posting advertisement thereof on the door or bulletin 
board of the county courthouse or by publishing such advertisement at least once 
in a newspaper of general circulation in the county. Upon such sale the Director 
shall pay over the net proceeds thereof, after payment of the proper costs and ex- 
penses, if any, of the seizure, advertisement and sale, including any proper expense 
incurred for the storage of such vehicle or boat or for the housing and feeding of 
such animal pending the sale, to the State Treasurer for deposit in the game 
protection fund. But when such vehicle, boat or animal is of greater value than one 
thousand dollars, the owner thereof may at any time before sale redeem it by pay- 
ing to the Director for deposit as aforesaid the sum of one thousand dollars therefor. 

1952 (47) 2179. 

§ 28-456.3. Buying or selling deer. 

It shall be unlawful to buy or sell, offer for sale, barter or have in possession for 
sale any deer or part thereof. For a violation of this section, upon conviction, the 
guilty party shall be fined not less than twenty-five dollars nor more than one hun- 
dred dollars or imprisoned not more than thirty days for any deer or part thereof. 

1952 (47) 2179. 

§ 28-456.4. Possession of venison or fresh deer skins during closed season. 

Any person in whose possession recently killed venison or fresh deer skins shall 
be found during the closed season for hunting deer shall be guilty of a misde- 
meanor and upon conviction be punishable by a fine of not more than one hundred 
dollars nor less than twenty-five dollars or imprisonment not exceeding thirty 
days. 

1952 (47) 2179. 

110 



§ 28-456.5 1954 Cumulative Supplement § 28-467.1 

§ 28-456.5. Possession of beheaded deer in transit in Game Zone No. 6 pro- 
hibited. 

Repealed by A. & J. R. 1954 (48) 1764. 
Cross reference. — See § 28-456.6. 

§ 28-456.6. Possession of beheaded deer in transit prohibited. 

It shall be unlawful for any person in this State to have in his possession any 
deer with the head detached when such person is in transit from any woods, 
swamps, fields or roads. Any person transporting a deer with the head detached 
shall he subject to a fine of not less than twenty-five dollars nor more than one 
hundred dollars or to thirty days' imprisonment, or both. The possession of any 
deer with the head detached shall be prima facie evidence that the deer is a doe. 
But this shall not apply to possession at a private residence or place of business. 

1954 (48) 1764. 

§§ 28-457 to 28-460. Forfeiture and sale of vehicles, etc., used in hunting deer 

at night ; buying or selling deer. 

Repealed by A. & J. R. 1952 (47) 2179. 
Cross reference. — See now §§ 28-456.1 
to 28-456.4. 

§ 28-463.1. Same ; when numbered, marked or with name or initials of owner. 

No person, except the owner thereof, shall catch, kill, capture or detain any 
homing, racing or carrier pigeon which at the time of its capture or detention has 
the name or initials of its owner, its number or any other mark designating it 
as a homing, racing or carrier pigeon. Any person violating the provisions of this 
section shall be guilty of a misdemeanor and upon conviction shall be punished by 
a fine of not more than one hundred dollars or imprisonment of not exceeding 
thirty days. 

1952 (47) 2179. 

§ 28-463.2. When Director may declare open season on coyotes. 

Whenever it shall appear that coyotes are destroying birds, poultry, pigs, lambs 
or other property or that there is an apparent epidemic of rabies in any county 
in this State, the Director, upon the written request of a majority of the county 
legislative delegation, shall declare an open season on coyotes, with the use of fire- 
arms, in the county suffering from such destruction for such period of time as such 
delegation may deem desirable. 

1952 (47) 2179. 

§ 28-463.3. Coyotes not to be brought into State; trapping coyotes. 

It shall be unlawful to bring a coyote into the State in any manner, except one 
brought into the State and kept in captivity for exhibition purposes, or to release 
a coyote within the State. Any violation of this section shall be punishable by im- 
prisonment for not more than one year or by a fine not exceeding five hundred 
dollars. It shall be lawful for any person to trap or kill any coyote in this State at 
any time ; provided that before trapping coyotes outside the trap distance limits 
as prescribed in § 28-490 a permit shall be obtained from a game warden. 

1952 (47) 2179. 

§§ 28-464 to 28-466. Shooting pigeons when owner's name shown; coyotes 

destroying property; coyotes not to be brought into 
State. 

Repealed by A. & J. R. 1952 (47) 2179. 
Cross reference. — See now §§ 28-463.1 to 

28-463.3. 

§ 28-467.1. Sale of partridge, wild turkey or woodcock. 

It shall be unlawful for any person to buy or barter for sale any partridge, wild 
turkey or woodcock within this State. Any person violating this section shall be 

111 



§ 28-468 Code of Laws of South Carolina § 28-480 

fined twenty-five dollars for each partridge, wild turkey or woodcock so bought or 
sold or imprisoned for not more than thirty days for each partridge, wild turkey 
or woodcock so bought or sold. 
1952 (47) 2179. 

§ 28-468. Sale of partridge, wild turkey or woodcock. 

Repealed by A. & J. R. 1952 (47) 2179. 
Cross reference. — See now § 28-467.1. 

§ 28-470. Pheasant eggs. 

It shall be lawful for anyone to own, possess, control, sell or otherwise dis- 
pose of pheasant eggs within this State or to sell or otherwise dispose of such 
eggs beyond the borders of the State, under such regulations as the Director may 
promulgate. 

1942 Code § 1783-5; 1932 Code § 1789; 1931 (37) 354; 1952 (47) 2890. 

Effect of amendment. — The power now 
vested in the Director was formerly exer- 
cised by the Chief Game Warden. 

§ 28-470.1. Rabbits destroying crops. 

When in any section of any county or in any county, in this State, rabbits are 
destroying crops, the Director, upon request of a majority of the county legislative 
delegation, in writing, may declare an open season on rabbits that are destroying 
crops, for such period of time as may be deemed advisable for the protection of 
such crops. 

1952 (47) 2179. 

§ 28-471. Rabbits destroying crops. 

Repealed by A. & J. R. 1952 (47) 2179. 
Cross reference.- — See now § 28-470.1. 

§ 28-473. Shooting or killing of alligators prohibited in Game Zones 5, 6 
and 7. 

It shall be unlawful for any person to shoot or kill an alligator at any time during 
the year in Game Zone No. 5, Game Zone No. 6 or Game Zone No. 7. Any per- 
son violating the provisions of this section shall be guilty of a misdemeanor and, 
upon conviction, shall in Game Zone No. 5 or Game Zone No. 6 pay a fine of 
not exceeding one hundred dollars or be imprisoned for not exceeding thirty days, 
in the discretion of the magistrate, and in Game Zone No. 7 shall be punished as 
provided in § 28-341.2. 

1949 (46) 540; 1951 (47) 244; 1952 (47) 2179. 

Effect of amendment. — The amendment repealed, to the corresponding new section 
changed the reference from § 28-338.3, now § 28-341.2. 

Article; 8. 
Furs, Traps, etc. 

§ 28-480. License to buy furs, hides, pelts, etc. 

It shall be unlawful for any person to engage in the business of buying furs, 
hides, except hides of domestic animals, pelts or similar articles in this State with- 
out first procuring a license to do so from the Director's office. Any resident of 
this State may procure a State license for such purposes upon the payment of an 
annual license fee of twenty-five dollars, which shall entitle such resident to pur- 
chase such articles in all counties of the State. A nonresident engaged in the buy- 
ing of such articles shall pay an annual license fee of one hundred dollars. Every 
firm or corporation engaged in the business of buying such articles shall be re- 
quired to purchase a separate license for each individual buyer. 

It shall be unlawful for any person, firm or corporation to borrow, lend or ex- 
change a license. 



112 






§ 28-481 1954 Cumulative Supplement § 28-482.4 

Any person violating any of the provisions of this section shall be guilty of a 
misdemeanor and upon conviction shall be fined not less than one hundred dollars, 
nor more than five hundred dollars, or imprisoned for not less than thirty days nor 
more than six months. 

1952 (47) 2179. 

§ 28-481. License to buy furs, hides, pelts, etc. 
Repealed by A. & J. R. 1952 (47) 2179. 
Cross reference. — See now § 28-480. 

§ 28-482.1. Tags for skins of game animals bought, stored or transported. 

All persons buying, storing, shipping or transporting furs, pelts, skins or hides 
shall make application to the game warden or his authorized deputy for a tag or 
label which shall be securely attached to the fur, pelt, skin or hide so bought, stored, 
shipped or transported. Such tags or labels shall be of such design and in such form 
as the Director may prescribe and the cost of such tags or labels to the person 
buying, storing, shipping or transporting such furs, pelts, skins or hides shall be 
according to the following schedule for each tag or label : 

( 1 ) An otter or a red fox hide or skin, one dollar ; 

(2) A raccoon, grey fox or mink hide or skin, fifteen cents; 

(3) A skunk hide or skin, ten cents; and 

(4) An opossum or muskrat hide or skin, five cents. 

The tag shall be purchased in the county in which the furs, pelts, hides or skins 
are bought, stored, shipped or transported. 

The penalty for violation of this section shall be punishment by a fine of not less 
than one hundred dollars, nor more than five hundred dollars, or imprisonment 
for not less than thirty days, nor more than six months, for each and every offense. 

1952 (47) 2179. 

§ 28-482.2. Forgery of tags. 

Whoever shall be convicted of falsely making, forging or counterfeiting, caus- 
ing or procuring to be falsely made, forged or counterfeited or wilfully acting or 
assisting in the false making, forging or counterfeiting of any stamp, tag or label 
provided for in § 28-482.1 shall be guilty of a misdemeanor and, upon conviction, 
shall be fined not less than one hundred dollars, nor more than five hundred 
dollars, or be imprisoned for not less than thirty days nor more than six months 
for each offense. 

1952 (47) 2179. 

§ 28-482.3. Receipt for transportation without tag on package. 

It shall be unlawful for any person to receive for shipment or transportation 
any of the skins, furs, hides or pelts mentioned in § 28-482.1 except when there 
shall be affixed to each package a stamp, tag or label furnished by the Director or 
his authorized deputy, certifying that the tags or labels required to be attached to 
each article contained in such package under the provisions of said section have 
been properly attached and paid for. Any game warden or representative of the 
Director may open and inspect any package containing furs, pelts, hides or skins 
shipped or transported for the purpose of ascertaining whether the tags provided 
for have been properly attached to each article as required in said section. Any 
person violating the provisions of this section shall be guilty of a misdemeanor 
and, upon conviction, shall be fined not less than one hundred dollars, nor more 
than five hundred dollars, or imprisoned for not less than thirty days nor more 
than six months. 

1952 (47) 2179. 

§ 28-482.4. Reports of shipment. 

Every person shipping or transporting skins, pelts, furs or hides shall make a 
report to a game warden in the county on or before the fifteenth day of each month 

113 



§ 28-482.5 Code; of Laws op South Carolina § 28-510 

stating the number of skins, pelts, furs or hides that have been shipped or trans- 
ported during the preceding calendar month. The penalty for failure to make such 
report shall be a fine of not less than one hundred dollars, nor more than five hun- 
dred dollars, for each offense or imprisonment for not less than thirty days nor 
more than six months for each offense. 
1952 (47) 2179. 

§ 28-482.5. Control of tags ; proceeds of sale. 

All tags or labels placed with any game warden or other person for sale and 
the proceeds arising from the sale of all tags or labels are to be held in trust, sub- 
ject to the order of the Director. All funds arising from the sale of all tags or 
labels shall be paid over to the Director at such times as he may direct and all 
unused tags or labels shall be returned to him upon demand. All game wardens 
or other persons with whom tags or labels are placed for sale shall be liable for 
the loss, misplacement or destruction of any such tags or labels while in their care 
to the full extent of the value thereof. All game wardens or other persons who 
shall fail or neglect to remit to the Director for all funds arising from the sale of 
tags or labels or who shall fail or neglect to return to the Director any unused tags 
or labels, upon demand of the Director for such funds or unused tags or labels, 
shall be liable to a fine of not less than five hundred dollars, or imprisonment for 
six months, in addition to the full value of such tags or labels placed with such 
game warden or other person for sale. 

1952 (47) 2179. 

§§ 28-483 to 28-487. Tags for skins of animals, etc. 

Repealed by A. & J. R. 1952 (47) 2179. 
Cross reference. — See now §§ 28-482.1 to 
28-482.5. 

§ 28-488.1. Use of dead falls for certain trapping prohibited. 

The use of a trap commonly known as a "dead jail" for the catching or trapping 
of animals is hereby declared unlawful. Any person violating this section shall be 
guilty of a misdemeanor and upon conviction shall be fined not less than twenty- 
five dollars nor more than one hundred dollars or be imprisoned for more than 
thirty days. 

1952 (47) 2179. 

§ 28-489. Use of dead falls for certain trapping prohibited. 

Repealed by A. & J. R. 1952 (47) 2179. 
Cross reference. — See now § 28-488.1. 

§§ 28-491 to 28-494. Exceptions in certain areas; disposition of fines and fees. 

Repealed by A. & J. R. 1952 (47) 2179. 
Cross reference. — As to § 28-494, see now 
§ 28-12.1. 

Article 9. 
Sanctuaries, Propagation, Preserves and Breeding. 

§ 28-510. Establishment of game sanctuaries. 

The Director shall, without any costs whatsoever to the State, designate and 
establish sanctuaries where game, birds and animals may breed, unmolested, if 
any landowner shall enter into an agreement with the Director to set aside and 
turn over to the State for such purpose any certain number of acres of land. There 
shall be no hunting or trespassing upon such lands so designated as a sanctuary 
by anyone for a period of five years from the date of such an agreement. The Di- 
rector may post such lands so designated as a sanctuary in the name of the State 
and may prosecute any person hunting or trespassing thereon. Any agreement 
entered into under the authority herein given may be terminated at any time by 
the mutual consent of the landowner and the Director. And anyone hunting or 

114 



§ 28-511 1954 Cumulative Supplement § 28-521 

trespassing upon any land designated as a sanctuary under the provisions of 
this section shall be fined for each offense not less than one hundred dollars nor 
more than two hundred dollars or imprisoned for not less than one nor more than 
six months. 

1952 (47) 2179. 

§ 28-511. Establishment of game sanctuaries. 

Repealed by A. & J. R. 1952 (47) 2179. 
Cross reference. — See now § 28-510. 

§ 28-511.1. Game sanctuary in Berkeley County. 

All that territory located within Hanahan Public Service District in Berkeley 
County is hereby declared to be a non-game bird sanctuary. Any person killing 
any non-game bird within such sanctuary shall be guilty of a misdemeanor and 
upon conviction there shall be subject to a fine of from one to twenty-five dollars 
or to imprisonment not to exceed five days. 

1954 (48) 1430. 

§ 28-515. Game sanctuary in Orangeburg County. 

The Director may establish the area hereinafter designated as a game sanctu- 
ary for such period or periods as he may fix, not to exceed five years from June 
4 1949. The area referred to in this section contains approximately nine hun- 
dred acres near Butaw Springs in Orangeburg County and is bounded on the 
north by Lake Marion at 68 foot level, on the south by public road, South Caro- 
lina Highway S-38-137, on the east by the Old Ferguson Railroad Bed, leading 
from said public road to 68 foot water level in Lake Marion, and on the west 
by 70 foot water level on the east side of Eutaw Creek. The boundary lines of 
the area shall be marked by appropriate signs which clearly indicate that the 
area is closed only to hunting. This section shall not be construed to prohibit 
fishing in this sanctuary. 

1949 (46) 1511; 1952 (47) 2890. 

Effect of amendment. — The amendment which was formerly conferred upon the 
conferred upon the Director the power Chief Game Warden. 

§ 28-520. Jackson National Forest game refuge. 

The Director may take over the Jackson National Forest as a game refuge, 
comply with the conditions required by the United States Government, through 
its department of agriculture, with reference thereto and employ a game warden 
and pay him a salary not to exceed the amount provided by law in order that he 
may live on this property and protect it. The above-mentioned expenditures shall 
be paid out of the game protection fund. 

1942 Code § 1788-2; 1932 Code § 3293; 1928 (35) 1991; 1952 (47) 2890. 

Effect of amendment. — The amendment 
substituted the Director for the former 
Chief Game Warden. 

§ 28-521. Camp Moore game propagation farm. 

The supervision of the game propagation farm on the property of the State 
in Lexington County known as "Camp Moore" at Styx shall be under the di- 
rection and authority of the Director. The distribution of game birds or animals 
raised on said game propagation farm shall be made to citizens of the State upon 
requisitions endorsed by the respective county legislative delegations, in such 
proportions and in such manner as may be deemed proper and appropriate by 
the Director, for the purpose of restocking any sections of the State that have 
been depleted. 

1942 Code § 1788-1; 1932 Code § 3292; 1924 (33) 1184; 1952 (47) 2890. 

Effect of amendment. — The amendment 
substituted the Director for the former 
Chief Game Warden. 

115 



§ 28-522 . Code; of Laws of South Carolina § 28-522.2 

§ 28-522. Hunting clubs and game preserves. 

All hunting clubs and game preserves in the State shall register with the Di- 
rector the name and location of such club or game preserve, giving the name and 
post office address of each club or game preserve and the name and residence 
address of each and every member of such club or game preserve. Such regis- 
tration shall be made on or before July 1st of each year of all clubs or game 
preserves in this State by that time and all new clubs or game preserves estab- 
lished after July 1st of each year shall be promptly registered with the Director. 
All new members taken into any hunting club or game preserve shall be promptly 
registered with the Director at the time they become members thereof. Between 
March 1st and April 1st of each year every hunting club or game preserve 
shall file a report with the Director giving the number and kind of game birds 
and game animals killed or taken by the members of such hunting club or game 
preserve during the hunting season ending March 1st of each year. The penalty 
for violating any provision of this section shall be a fine of not less than twenty- 
five dollars, nor more than one hundred dollars, or imprisonment for not less 
than thirty days nor more than six months. 

1942 Code §'l788-4; 1932 Code § 3297; 1927 (35) 161; 1952 (47) 2890. 

Effect of amendment. — The amendment 
substituted the Director in place of the 
former Chief Game Warden. 

§ 28-522.1. Breeding game birds other than pheasants for commercial 
purposes. 

Any person desiring to engage in the business of raising, breeding and selling 
any game bird other than a pheasant in a wholly enclosed preserve or entire island 
of which he is the owner or lessee, may make application in writing to the Di- 
rector for a license to do so and the Director when it shall appear that such ap- 
plication is made in good faith shall, upon the payment of a fee of two dollars 
and fifty cents, issue to such applicant a breeder's license, permitting such appli- 
cant to raise and breed such game birds on such preserve or entire island, and to 
sell them at any time for breeding or stocking purposes. Such license shall ex- 
pire on the last day of January of each year. Any person who secures a breeder's 
permit from the Director may secure from the Director's office a pemit allow- 
ing the shipping of such live birds as he raises beyond the limits of the State. 

It shall be unlawful for any person to engage in raising, breeding or selling 
for stocking purposes such game birds without first obtaining a license therefor. 
Any violation of this section shall be punishable by a fine of not less than 
twenty-five dollars or imprisonment for not more than thirty days. 

1952 (47) 2179. 

§ 28-522.2. Breeding pheasants for commercial purposes. 

Any person desiring to engage in the business of raising, breeding and selling 
pheasants for breeding and stocking purposes, including the sale of dead birds 
deemed unsuited for breeding purposes, in a wholly enclosed preserve of which 
such person is the owner or lessee, may make application in writing to the Di- 
rector for a license to do so and the Director, when it shall appear that such ap- 
plication is made in good faith, shall, upon the payment of a fee of two dollars 
and fifty cents, issue to such applicant a breeder's license, permitting such ap- 
plicant to raise, breed and sell pheasants on such preserve for breeding and stock- 
ing purposes and -to sell dead birds deemed unsuited for breeding or stocking 
purposes. Such license shall expire on the last day of January of each year. Any 
person who secures a breeder's permit shall render promptly to the Director's 
office a report of the sale of each pheasant and of eggs disposed of, setting forth 
the purpose of such sale or disposition, the amount realized and the name and 
address of the purchaser in accordance with the reporting procedure as shall be 
formulated and promulgated by the Director. 

116 



§ 28-523 



1954 Cumulative Supplement 



§ 28-525 



It shall be unlawful for any person to engage in the raising, breeding and sale 
of pheasants or to have in his possession any pheasant without first obtaining a 
license therefor, except dead birds procured from a licensed breeder. Any violation 
of any of the provisions of this section shall constitute a misdemeanor punishable 
by a fine not exceeding one hundred dollars or imprisonment for not more than 
thirty days. 

1952 (47) 2179. 

§§ 28-523 to 28-525. Breeding game birds for commercial purposes ; distribu- 
tion for restocking in York County. 

Repealed by A. & J. R. 1952 (47) 2179. 
Cross reference. — See now §§ 28-522.1 
and 28-522.2. 

CHAPTER 7. 
Protection of Fish, etc. 



Article 1. 
Licenses Generally. 

Sec. 

28-552.1. License fee; use of receipts. 

28-552.2. Nonresident license; use of re- 
ceipts. 

28-552.3. Temporary nonresident license in 
York County. 

28-552.4. Form of license; license to be 
carried on person. 

28-552.5. Director to provide for licenses. 

28-552.6. License to be carried while fish- 
ing and shown. 

28-552.7. Penalties. 

28-552.8. [Repealed.] 

28-553 to 28-559. [Repealed.] 

Article 2. 
Restrictions on Fishing Generally. 

28-570. How game fish must be caught. 

28-571. [Repealed.] 

28-573. Same; exception for carp and cat 

fish caught under license. 
28-574. Same; exception for use of trot- 
lines for catching non-game fish. 
28-574.1. Same; penalty. 
28-575. Certain methods of catching fish 

prohibited in Colleton County. 
28-576.1. When closed season declared on 

clear water streams. 
28-576.2. Notice of such closed season. 
28-576.3. Prima facie evidence of violation. 
28-577 to 579. [Repealed.] 
28-589. Laws regulating fishing in clear and 

fresh water streams applicable to 

Lake Murray. 
28-589.1. Dailv limits of game fish. 
28-590. [Repealed.] 
28-592. [Repealed.] 
28-593.1. Limits on size of fish taken from 

certain lakes in Game Zone No. 

2. 
28-593.2. Penalty for violating §§ 28-593 

or 28-593.1. 
28-594. Limit on size of flat fish caught 

in Prestwood Lake, Darlington 

County. 
28-596. Use baskets and trot lines to catch 

non-game fish in Lake Murray; 

non-game fish tag required. 



Sec. 

28-597.1. Owners of ponds must have per- 
mit to catch fish therein for 
propagation. 

28-598. to 28-600 [Repealed.] 

Article 3. 

Seines, Traps, Obstructions in 

Streams, etc., Generally. 

28-610. Use of nets, traps or other devices 
to catch non-game fish. 

28-610.1. Same; closed period from Satur- 
day evening to Wednesday morn- 
ing. 

28-610.2. Sections inapplicable to dip nets 
or skim-bow nets used bv hand. 

23-610.3. Penalty. 

28-610.4. Forfeiture of seins, etc., illegally 
used. 

28-611, 28-612. [Repealed.] 

28-616.1. Use of net or seine in clear waters 
of Clarendon County prohibited. 

28-618 to 28-623. [Repealed.] 

28-624. Shooting of fish in certain counties. 

28-625 to 28-638. [Repealed.] 

28-639.1. Taking fish from trap or net. 

28-640 to 28-647. [Repealed.] 

28-648.1. Permanent obstruction to migra- 
tion of fish. 

28-649 to 28-652. [Repealed.] 

28-654. Designation of fish sluices; obstruc- 
tion thereof. 

Article 3.1. 

Special Provisions for Game Zone 

No. 7. 

28-664.1. Exception for certain gill nets. 
28-664.2. Exception for Florence County. 
28-666. Confiscation of fish nets, traps, etc. 
28-667. Fishing for catfish. 
28-667.1. Possession of fish in excess of 
legal limits. 

Article 4. 

Pollution, Poisoning, etc., of Streams; 

Dynamiting. 

28-671.1. Poisoning waters, etc., to catch 

fish. 
28-672. [Repealed.] 
28-673.1. Using explosives to take fish. 



117 



28-552.1 



Code; of Laws of South Carolina 



§ 28-552.3 



Sec. 

28-673.2. Same; prima facie evidence of 

guilt. 
28-673.3. Person convicted not to hunt or 

fish for period thereafter. 
28-673.4. Failure to report dynamiting. 
28-673.5. Informers not subject to suit for 

slander, etc. 
28-674 to 28-677. [Repealed.] 

Article 5. 
Sale or Traffic in Fish. 

28-690. Sale or traffic in game fish and 
certain other fish. 

28-691. [Repealed.] 

28-692. Same; other game fish. 

28-692.1. Sale of game fish caught from 
certain artificial lakes in Game 
Zone No. 2; confiscation of il- 
legal devices. 

28-692.2. How owner may draw private 
pond and dispose of fish caught. 



Sec. 

28-693. [Repealed.] 

28-697. [Repealed.] 

Article 6. 

Fish Hatcheries and Fish Sanctuaries; 

Propagation. 

28-710.1. Acquisition of land for fish hatch- 
eries. 

28-710.2. Same; for United States fish 
hatcheries. 

28-711 to 28-714. [Repealed.] 

28-715. Distribution of fish raised in hatch- 
ery in Greenville County. 

28-715.1. Establishment of fish sanctuaries. 

28-715.2. Designation in rivers and streams. 

28-715.3. Designation in lakes and ponds. 

28-715.4. Effect of such establishment. 

28-715.5. Penalties for violation of such 
sanctuaries. 

28-716 to 28-720. [Repealed.] 

28-721. Sanctuary in Little Pee Dee Swamp. 



Article 1. 
Licenses Generally. 

§ 28-552.1. License fee; use of receipts. 

The license fee for such fishing in this State shall be one dollar and ten cents 
per calendar year. Ten cents of such fee shall go to the agent issuing the li- 
cense and the remaining portion shall be used solely for the rearing, protection, 
propagation and distribution of fish and the publication and dissemination of 
information of such facts and findings as may, in the opinion of the Department 
and the Director, be wise and expedient. 

1952 (47) 2179. 

§ 28-552.2. Nonresident license ; use of receipts. 

All nonresidents of this State, before fishing for game or other fish in any 
manner in the inland streams or waters of this State, shall first procure a non- 
resident fishing license the fee for which shall be ten dollars and twenty-five 
cents. The license shall be in form and design as designated by the Director and 
shall be carried upon the person of the licensee at all times when he is fishing. 
It shall be unlawful for the licensee, the selling agent or any other person to 
alter or change the date or to back date any license. Upon any violation of 
this section the license shall immediately be forfeited to the State. Any person 
violating the provisions of this section shall, upon conviction, be punished by a fine 
of not less than twenty-five dollars nor more than one hundred dollars or be 
imprisoned for a period not exceeding thirty days for each and every offense. All 
proceeds from the sale of nonresident fishing licenses shall be credited to the county 
game fund of the counties in which such licenses are sold and the funds shall be 
expended in the respective counties for the purpose of propagation of fish and game 
and for the enforcement of game laws. 

1952 (47) 2179. 

§ 28-552.3. Temporary nonresident license in York County. 

In York County a nonresident who does not desire a license for the entire 
period may, in lieu of the license required by § 28-552.2, obtain a temporary 
license which shall authorize the holder thereof to exercise, in York County only, 
the privileges thereby granted for three consecutive days. The cost of the temporary 
license shall be three dollars and ten cents. All other provisions of § 28-552.2 shall 
apply to any such temporary license. 

1952 (47) 1923 



18 



•'§ 28-552.4 1954 Cumulative Supplement § 28-573 

§ 28-552.4. Form of license ; license to be carried on person. 

All persons applying for licenses shall receive such form of license as may be 
provided of such quality and suitable design as may be designated by the Director, 
the cost thereof to be paid out of the game protection fund. 

1952 (47) 2179. 

§ 28-552.5. Director to provide for licenses. 

The Director of the Division of Game shall provide for the furnishing of li- 
censes under the terms of §§ 28-552.1 and 28-552.4 in accordance with the pro- 
visions in force on April 24 1952 concerning hunting licenses. 

1952 (47) 2179. 

§ 28-552.6. License to be carried while fishing' and shown. 

Every person shall, while fishing, carry upon his person such license and shall 
show such license to any officer upon demand. 
1952 (47) 2179. 

§ 28-552.7. Penalties. 

Any one convicted of violating any of the provisions of § 28-550 or § 28-552.6 
shall be sentenced to pay a fine of not less than twenty-five dollars, nor more 
than one hundred dollars, or serve not less than ten days or more than thirty days. 

1952 (47) 2179. 

§ 28-552.8. Reciprocal agreement with Georgia. 

Repealed by A. & J. R. 1953 (48) 366. 
See now § 28-1250.6. 

§§ 28-553 to 28-559. Licenses generally. 

Repealed by A. & J. R. 1952 (47) 2179. 

Cross reference. — See now §§ 28-552.1 to 
28-552.8. 

Article 2. 

Restrictions on Fishing Gene rally. 

§ 28-570. How game fish must be caught. 

The catching of game fish in all waters of the State shall be only with hook 
and line, fly rod. casting rod, pole and line and handline. Not more than two 
of such devices may be used by any one individual while fishing. 

1952 (47) 2179. 

§ 28-571. How fish must be caught. 

Repealed by A. & J. R. 1952 (47) 2179. 
Cross reference. — See now § 28-570. 

§ 28-573. Same; exception for carp and catfish caught under license. 

The Director may issue licenses to persons to catch carp and catfish in the 
waters of the lakes referred to in § 28-572 by the use of baskets made from split 
wood, commonly known as split wood baskets. The license fee shall be one dollar 
for each split wood basket which the licensee proposes to use. In his application 
to the Director any person desiring to be licensed to use split wood baskets in the 
area shall state the number of baskets which he desires to use and the Director, 
if he elects to license the applicant, shall issue to him a license tag which shall 
have such mark of identification as may be determined or prescribed by the Director. 
No license granted pursuant to this provision shall be effective for more than 
one year and any such licence may be for such shorter period of time as the 
Director may prescribe. The Director may also prescribe regulations under which 
the basket may be operated for the particular purposes herein named not in- 
consistent with the provisions of this section. If in the operation of these baskets any 
fish other than catfish or carp are caught the licensee shall put these back in the 
water. The Director may also when, in his opinion, these destructive fish have 

119 



§ 28-574 Code of Laws op South Carolina § 28-576.2 

become so reduced in number as not to hinder materially the multiplication of fish 
of more desirable kind discontinue the granting of such licenses. 

1950 (46) 2037; 1952 (47) 2890. 

Effect of amendment. — The amendment affecting' the second sentence of this sec- 
substituted the Director for the former tion, the last sentence of § 28-573.2. 
Chief Game Warden. See, as possibly 

§ 28-574. Same; exception for use of trotlines for catching- non-game fish. 

Notwithstanding the provisions of § 28-572, trotlines may be used for catch- 
ing non-game fish in such waters if a non-game permit is secured from the game 
warden. In the application for such permit the applicant shall state the area in 
which he wishes to place his trotlines. Any such permit for the use of trotlines 
shall be granted only for the calendar year in which issued. The game warden 
shall issue a metal tag for each trotline, with some distinguishing marking there- 
on, which shall be attached to the trotline. These trotlines shall be plainly marked 
by means of a float or other device, whereby they may be found and checked by 
officers charged with enforcement of the law. No trotline shall have more than 
fifty hooks, which shall be baited with cut bait or dough balls. The director is 
authorized to make rules and regulations in the use of trotlines not inconsistent 
herewith. There shall be no charge for a permit for split baskets. 

1953 (48) 389. 

§ 28-574.1. Same; penalty. 

Any person violating any of the provisions of §§ 28-572 to 28-574 shall be 
guilty of a misdemeanor and shall be punished by a fine of not less than ten dol- 
lars nor more than one hundred dollars or by imprisonment for not less than ten 
days nor more than thirty days. 

1952 (47) 2179. 

§ 28-575. Certain methods of catching- fish prohibited in Colleton County. 

It shall be unlawful to catch non-game fish of any kind, except shad and sturgeon, 
within the limits of fresh water rivers and streams of Colleton County except 
by hook and line, the term hook and line including the use of fly rods and equip- 
ment attached, casting rod and equipment attached and live and artificial bait. 
The tickling, pegging, trapping, seining, netting, gigging and graining of non- 
game fresh water fish, except shad and sturgeon, is strictly prohibited within the 
fresh water rivers and streams of Colleton County except that mudfish, catfish, 
carp, garfish, suckfish and all other non-game fish may be taken with a gig. Any 
violation of this section shall be punishable upon conviction by fine not exceed- 
ing one hundred dollars or imprisonment not exceeding thirty davs. 

1950 (46) 2506; 1951 (47) 124; 1952 (47) 2179. 

Effect of amendment. — The amendment game fish, game fish being covered by § 
limited the operation of this section to non- 28-570. 

§ 28-576.1. When closed season declared on clear water streams. 

The Director shall declare a closed season for a period of not more than sixty 
days at any one time on fish in any clear water stream in this State on the written 
recommendation of the Senator and at least one-half of the representatives from 
any county in which such clear water stream may be situated. Any person who 
shall take fish from any such stream during any such closed season shall, upon 
conviction, be fined not less than fifty dollars, nor more than one hundred dol- 
lars, or imprisoned for not less than thirty days. 

1952 (47) 2179. 

§ 28-576.2. Notice of such closed season. 

The Director shall give notice of the closed season so declared by publication 
in at least two daily newspapers, including a newspaper in, the county or counties 
in which the closed season is declared, if such counties have newspapers therein, 
stating therein the length of the period of such closed season. 

1952 (47) 2179. 

120 



§ 28-576.3 1954 Cumulative Supplement § 28-594 

§ 28-576.3. Prima facie evidence of violation. 

Any person found fishing with hook and line or in any other manner what- 
soever within the restricted territory during a closed season so declared shall 
be prima facie guilty of violating the provisions of § 28-576.1, regardless of whether 
he shall have caught any fish or not. 

1952 (47) 2179. 

§§ 28-577 to 28-579. Closed season on clear water streams. 

Repealed by A. & J. R. 1952 (47) 2179. 
Cross reference. — See now §§ 28-576.1 to 
28-576.3. 

§ 28-589. Laws regulating fishing in clear and fresh water streams applicable 
to Lake Murray. 

For the purposes of fishing in and taking fish of any kind from that certain body 
of water situate within the State and known as "Lake Murray" said body of water 
shall be deemed fresh and clear water and all laws pertaining to and regulating 
fishing and prohibiting the trapping of fish in the inland, clear or fresh water streams 
of this State are hereby made applicable to Lake Murray except as provided in 
§ 28-596. The waters of Lake Murray herein referred to shall include, in addition 
to the main body of said lake, all the back waters therefrom reaching and extending 
to highwater mark when the lake is filled to its capacity. 

1942 Code § 1775-1.1.; 1939 (41) 435; 1954 (48) 1766. 

Effect of amendment. — The amendment Cross reference. — See § 28-596 for use of 

added "except as provided in § 28-596" at baskets and trot lines to catch non-game 
end of first sentence. fish in Lake Murray. 

§ 28-589.1. Daily limits of game fish. 

It shall be unlawful for any person in any one day to catch more than eight 
bass or rock fish or more than twenty game fish, other than bass or rock fish, 
from the rivers, lakes and streams in this State. Any person violating the pro- 
visions of this section shall be punished by a fine not exceeding one hundred dol- 
lars or by imprisonment for not exceeding thirty days. 

1952 (47) 2179. 

§ 28-590. Daily limits of game fish. 
Repealed by A. & J. R. 1952 (47) 2179. 
Cross reference. — See now § 28-589.1. 

§ 28-592. Limits for part of Clarendon County. 

Repealed by A. & J. R. 1952 (47) 2179. 

§ 28-593.1. Limits on size of fish taken from certain lakes in Game Zone No. 2. 

It shall be unlawful for any person to take and bag a bass less than ten inches 
in length or any other game fish less than six inches in length from any of the 
waters mentioned in § 28-593. The measurements herein provided for shall be 
made from the tip of the head to the tip of the tail. 

1952 (47) 2179. 

§ 28-593.2. Penalty for violating §§ 28-593 or 28-593.1. 

Any person violating any of the provisions of §§ 28-593 or 28-593.1 shall be 
guilty of a misdemeanor and shall be punished by a fine of not less than ten dol- 
lars nor more than one hundred dollars or by imprisonment for not less than 
ten days nor more than thirty days. 

1952 (47) 2179. 

§ 28-594. Limit on size of fiat fish caught in Prestwood Lake, Darlington 
County. 

It shall be unlawful to catch and carry away any flat fish under six inches in 
length in Prestwood Lake, in Darlington County. 

f942 Code § 1806-2; 1939 (41) 534; 1952 (47) 2179. 

Effect of amendment. — The amendment by § 28-589.1) and provisions with respect 
eliminated a bag limit on flat fish (covered to trout (covered by §§ 28-589.1 and 28-591). 

121 



§ 28-596 Code of Laws of South Carolina § 28-610.2 

§ 28-596. Use baskets and trot lines to catch non-game fish in Lake Murray ; 
non-game fish tag 1 required. 

Baskets designed to catch non-game fish may be used for catching non-game fish 
in that body of water known as Lake Murray. The director of the Division of Game 
shall specify the design and type basket that may be used. Trot lines may also be 
used in Lake Murray for catching non-game fish, if they are baited only with cut 
bait, dough balls or corn. No trot line may have more than one hundred hooks. 
Before either a trot line or a basket is used in these waters a non-game fish tag 
must be secured from the game warden or an agent of the Division of Game at a 
cost of one dollar per tag. Each such non-game fish tag shall be good for only the 
calendar year in which issued. Each basket or trot line shall have a non-game fish 
tag attached thereto and shall be plainly marked by means of a float or other device, 
so that it may be found and checked by officers charged with enforcement of the law. 
No game fish, or fishing tackle used to catch game fish shall be in possession of any 
person while fishing trot lines or baskets. 

1954 (48) 1766. 

§ 28-597.1. Owners of ponds must have permit to catch fish therein for 
propagation. 

Persons owning private ponds in this State are allowed to catch fish therein 
with traps or nets for propagation purposes only after the issuance of a permit 
from the Director. The Director may issue such rules and regulations as in 
his judgment may be proper concerning the issuance of such permits, the length 
of time that each permit will be of force and the conditions on which they shall 
be issued. He shall have full power to revoke such permits in his discretion. 
No permit shall be issued except it be endorsed in writing by a game warden 
in the county in which it is to be used. 

1952 (47) 2179. 

§§ 28-598 to 28-600. Fishing in private ponds or on banks of navigable 

Repealed by A. & J. R. 1952 (47) 2179. 

Cross reference. — See now §§ 28-8.1 and 
28-597.1. 

Article; 3. 

Seines, Traps, Obstructions in Streams, etc., Generally. 

§ 28-610. Use of nets, traps or other devices to catch non-game fish. 

Gill nets (not to extend more than halfway across a stream, lake or pond) 
traps, seines, trotlines or other devices which do not block the passage of fish 
in streams may be used only in the muddy streams, creeks and inland waters of 
the State for the purpose of catching non-game fish. 

1952 (47) 2179. 

§ 28-610.1. Same; closed period from Saturday evening to Wednesday 
morning. 

There shall be a closed time in all the muddy streams, creeks and inland waters 
of the State from the setting of the sun each Saturday until the rising of the sun 
each Wednesday, during which time all seines, nets or other plans or devices 
for the stoppage or collecting of fish, which obstruct any portion of any such 
stream, creek or inland water, shall be removed from such creek, stream or inland 
water. 

1952 (47) 2179. 

§ 28-610.2. Sections inapplicable to dip nets or skim-bow nets used by hand. 

Nothing contained in § 28-610 or § 28-610.1 shall apply to fishing with dip 
nets or skim-bow nets used by hand for the purpose of catching non-game fish. 
1952 (47) 2179. 

122 



§ 28-610.3 1954 Cumulative Supplement § 28-639.1 

§ 28-610.3. Penalty. 

Any person using a seine, net, plan or device other than as permitted under 
§§ 28-610 and 28-610.1 shall, upon conviction thereof, be fined not less than 
twenty-five dollars nor more than one hundred dollars or be imprisoned for a 
period of not more than thirty days. 

1952 (47) 2179. 

§ 28-610.4. Forfeiture of seines, etc., illegally used. 

Whenever any seine, net or other plan or device for the stoppage or collecting 
of fish, contrary to law, shall be used, any game warden or any law enforcement 
officer may, in the name of the State, seize and hold such seine, net, plan or device 
for the stoppage or collecting of fish and use it as evidence for the purpose of 
convicting any person violating the provisions of § 28-610 or § 28-610.1. Upon 
conviction of any person so using such seine, net, plan or device for the stoppage or 
collecting of fish, the same shall be forfeited to the State and sold and the proceeds 
of such sale shall be transmitted to the credit of the Game Protection Fund. 

1952 (47) 2179. 

§§ 28-611, 28-612. Use of seines, etc. 
Repealed by A. & J. R. 1952 (47) 2179. 

Cross reference. — See now §§ 28-610 to 
28-610.4. 

§ 28-616.1. Use of net or seine in clear waters of Clarendon County prohibited. 

It shall be unlawful to use any net or seine in any of the clear waters of Clarendon 
County at any time. The term "waters" as used in this section includes rivers, 
lakes and streams and any tributaries thereof. Any person who violates the 
provisions of this section shall, upon conviction, be punished by a fine of not 
less than twenty-five dollars or by imprisonment for not more than thirty days. 
For a second or subsequent offense the offender shall be punished in the discretion 
of the presiding judge of the court of general sessions. 

1952 (47) 1938. 

§§ 28-618 to 28-623. Use of seines, etc., in certain counties. 

Repealed by A. & J. R. 1952 (47) 2179. 

Cross reference. — As to Clarendon Coun- 
ty, see § 28-616.1. 

§ 28-624. Shooting of fish in certain counties. 

It shall be unlawful for any person to shoot fish in any of the streams, lakes 
or rivers or their tributaries (both muddy and clear water streams, inclusive) 
in the counties of Bamberg, Berkeley, Charleston and Dorchester at any time 
during the year. 

1949 (46) 580; 1952 (47) 2179. 

Effect of amendment. — The amendment 
eliminated certain provisions relating to 
seines, etc. 

§§ 28-625 to 28-638. Use of seines, etc., in certain counties. 
Repealed by A. & J. R. 1952 (47) 2179. 

§ 28-639.1. Taking fish from trap or net. 

Any person who shall take and carry away from any fish trap or net in the 
waters of this State any fish caught and being in such trap or net, with intent 
to defraud and deprive the owner or owners of such trap or net of such fish, 
shall be guilty of a misdemeanor and, on conviction thereof, shall be punished 
for such offense by fine not exceeding two hundred dollars and imprisonment 
not exceeding six months. 

1952 (47) 2179. 

123 



§ 28-640 Code of Laws of South Carolina § 28-664.2 

§§ 28-640 to 28-647. Fish traps; obstruction of fish; South Carolina side of 

Savannah river ; penalties. 

Repealed by A. & J. R. 1952 (47) 2179. 
Cross reference.— As to § 28-640 (steal- 
ing fish from trap), see § 28-639.1. 

§ 28-648.1. Permanent obstruction to migration of fish. 

No permanent obstruction of any kind or nature whatever, other than a dam 
for manufacturing purposes, shall be placed in any of the inland creeks, streams 
or waters of the State so as to obstruct the free migration of fish. Any person 
violating the provisions of this section shall be guilty of a misdemeanor and, 
upon conviction thereof before any court of competent jurisdiction, shall be fined 
in the sum of two hundred dollars or imprisoned for a period of not less than three 
or more than six months or both, in the discretion of the court trying the case. 
Whenever any such permanent obstruction shall be found, any warden or law en- 
forcement officer may, in the name of the State, destroy or take down such ob- 
struction or so much thereof as is necessary to permit again the free migration of 
fish. 

1952 (47) 2179. 

§§ 28-649 to 28-652. Obstructions, seines, etc. 

Repealed by A. & J. R. 1952 (47) 2179. 

§ 28-654. Designation of fish sluices ; obstruction thereof. 

It shall be the duty of the governing body of the county to designate the 
fish sluices on the several rivers so as to leave one or more passages for fish 
up such rivers. Such sluices shall be sixty feet wide or, where there are two 
or more such sluices, they shall be, together, sixty feet wide. When they shall 
be so designated, it shall be lawful for any person to open such sluices. If any 
person shall obstruct any such sluice, when once opened, so as to prevent the 
free passage of fish up such sluice, and every part thereof, he shall be guilty of 
a public nuisance and, on conviction thereof in the court of general sessions, 
shall be fined one hundred dollars and shall stand committed until such fine be 
paid for a time not exceeding ten days, at the discretion of the court before which 
such conviction may take place. Whenever a fish sluice in any of the rivers 
aforesaid shall have been designated as aforesaid, any stoppage of such sluice 
shall be regarded as a public nuisance and may be abated as such. 

1942 Code § 1772-8; 1932 Code §§ 1821, 3416; Civ. C. '22 § 1032; Cr. C. '22 § 790; Civ. 
C. '12 § 3434; Cr. C. '12 § 773; Civ. C. '02 § 2348; Cr. C. '02 § 520; G. S. 1672; R. S. 406, 
1849; 1827(6) 340; 1837 (6) 569; 1879 (17) 74; 1890 (20) 705; 1934 (38) 1415; 1952 (47) 
2179. 

Effect of amendment. — The amendment 
eliminated a provision that one-half of the 
fine should be paid into the State Treasury. 

Article; 3.1. 
Special Provisions for Game Zone A r o. 7 . 

§ 28-664.1. Exceptions for certain gill nets. 

Notwithstanding the provisions of §§ 28-661 to 28-664, but subject to the closed 
time limitations set forth in § 28-610.1, gill nets of a size no smaller than four and 
one-half inch stretch mesh may be used in Game Zone No. 7 during the months 
of November, December, January and February. 

1953 (48) 214; 1954 (48) 1495. 

Effect of amendment. — The amendment changed mesh measurement from knot to 
added the closed time limitations and knot to stretch. 

§ 28-664.2. Exception for Florence County. 

Notwithstanding the provisions of §§ 28-661 to 28-664, the use and possession 
of set hooks shall be lawful in Florence County when only cut bait (as distin- 

124 



§ 28-666 1954 Cumulative Supplement § 28-673.1 

guished from live bait) is used and when no hook smaller than a No. 3 hook is 
used. 

1952 (47) 2220. 
§ 28-666. Confiscation of fish nets, traps, etc. 

The game wardens shall confiscate and destroy all fish nets (shad, herring, 
shrimp and prawn nets, as permitted by law, excepted), fish traps, seines, trot 
lines and set hooks in Game Zone No. 7, except when the use, sale or possession 
thereof is lawful under the terms of this article. 

1951 (47) 244; 1952 (47) 2220. 

Effect of amendment. — The amendment 
added the exception at the end of the sec- 
tion. 

§ 28-667. Fishing for catfish. 

The provisions of this article shall not apply to fishermen fishing for catfish 
below the forty-mile limit established by the Commercial Fisheries Advisory Board 
when the fishermen obtain from the county game warden in the county in which 
they propose to fish a license to set traps for catfish and pay to the game warden 
the sum of one dollar for each trap and each such trap shall be baited with 
shrimp or menhaden. 

1951 (47) 244; 1952 (47) 2890. 

Effect of amendment. — The amendment visory Board for the former State Board 
substituted the Commercial Fisheries Ad- of Fisheries. 

§ 28-667.1. Possession of fish in excess of legal limits. 

Any person in Game Zone No. 7 having in his possession on any lake, stream, 
river, or their tributaries, going to or coming from such lake, stream, river, or 
their tributaries, in the fields or woods or going to or coming from the fields 
or woods any fish in excess of the limits set out in this article or in any State 
law shall be presumed to have killed or caught such fish. 

1952 (47) 2179. 

Article 4. 

Pollution, Poisoning, etc., of Streams; Dynamiting. 

§ 28-671.1. Poisoning waters, etc., to catch fish. 

It is unlawful to poison the streams or waters of the State in any manner what- 
soever for the purpose of taking fish or to introduce, produce, or set up electrical 
currents or physical shocks, pressures or disturbances therein for the purpose of 
taking fish. The muddying of streams or ponds or the introduction of any sub- 
stance which results in making the fish sick, so that they may be caught, is here- 
by declared to be poisoning in the sense of this section. No sawdust, acid or 
other injurious substance shall be discharged into any of the streams of the State 
where fish breed or abound. For a violation of this section the person so violating 
it shall be fined not less than twenty-five dollars nor more than one hundred 
dollars or be imprisoned for not less than one day nor more than thirty days. 

1952 (47) 2179. 

§ 28-672. Poisoning waters, etc., to catch fish. 

Repealed by A. & J. R. 1952 (47) 2179. 
Cross reference. — See now § 28-671.1. 

§ 28-673.1. Using explosives to take fish. 

It shall be unlawful for any person to use dynamite, gun powder, lime or any 
other explosive in or about any of the streams or waters in this State to take 
or secure fish, to cause or to procure the same to be done or to aid, assist 
or abet anyone in so doing or to have in his possession dynamite or any other 
explosive or explosive device in any paddling boat, sail boat, motor boat, raft or 
barge usually used for fresh water fishing in any of the rivers, lakes, streams 
or waters within this State. Any person using explosives for the taking of fish 

VOLUME 3 125 



§ 28-673.2 Code oe Laws of South Carolina § 28-690 

or having in his possession explosives in a paddling boat, motor boat, sail boat, 
raft or barge commonly used for fresh water fishing in any of the rivers, lakes, 
streams or waters within this State shall be guilty of a misdemeanor and upon 
his conviction shall be sentenced to serve a term at hard labor on the chain gang 
or in the penitentiary or to pay a fine as follows, to-wit : for the first offense a 
period of not more than three months or a fine of not more than five hundred 
dollars ; for the second offense a period of one year or a fine of one thousand 
dollars ; and for the third offense a period of two years or a fine of two thou- 
sand five hundred dollars. 
1952 (47) 2179. 

§ 28-673.2. Same ; prima facie evidence of guilt. 

If any person is found picking up fish within two hours after they have been 
killed, stunned or disabled by an explosive, it shall be deemed prima facie evi- 
dence that he used explosives to take fish from such waters. 

1952 (47) 2179. 

§ 28-673.3. Person convicted not to hunt or fish for period thereafter. 

Any person convicted of violating any of the provisions of § 28-673.1 shall be 
prohibited from hunting or fishing within the State for a period of five years and 
both his hunting and fishing licenses, if either has been issued to him, shall be im- 
mediately revoked upon his conviction. Any person found fishing or hunting 
within the State who has been convicted of a violation of § 28-673.1 within such 
five year period shall be guilty of a misdemeanor and, upon conviction therefor, 
shall be fined or imprisoned, in the discretion of the court. 

1952 (47) 2179. 

§ 28-673.4. Failure to report dynamiting. 

Any person who sees another violating any of the provisions of §§ 28-673.1 
or 28-673.3 and who fails to report such violation to a game warden, sheriff or 
some other law enforcement officer, within the county where the violation oc- 
curred, within two weeks thereafter, shall be guilty of a misdemeanor and, upon 
conviction therefor, shall be fined or imprisoned, in the discretion of the court. 

1952 (47) 2179. 

§ 28-673.5. Informers not subject to suit for slander, etc. 

Any person who shall swear out a warrant, give information or testify as a 
witness against anyone for violating § 28-673.1, § 28-673.3 or § 28-673.4 shall not 
be subject to a criminal prosecution for slander or malicious prosecution, neither 
shall he be subject to a civil action for damages in any court of competent juris- 
diction for any alleged damages to the person so accused growing out of or in 
connection with such use of explosives. 

1952 (47) 2179. 

§§ 28-674 to 28-677. Using explosives to take fish. 

Repealed by A. & J. R. 1952 (47) 2179. 

Cross reference. — See now §§ 28-673.1 to 
28-673.5. 

Article 5. 
Sale or Traffic in Fish. 

§ 28-690. Sale or traffic in game fish and certain other fish. 

It shall be unlawful, at any time, to sell, offer for sale, barter or traffic in 
fresh water game fish caught in the State or to sell, offer for sale, barter or 
traffic in black bass, bream, red breast or trout regardless of where caught. Any 
violation of this section shall be punishable by a fine of not less than fifty dol- 
lars or more than one hundred dollars and imprisonment of not less than ten or 
more than thirty days. 

1952 (47) 2179. 

126 



§ 28-691 1954 Cumulative Supplement § 28-710.1 

§ 28-691. Sale or traffic in certain game fish. 

Repealed by A. & J. R. 1952 (47) 2179. 
Cross reference. — See now § 28-690. 

§ 28-692. Same ; other game fish. 

It shall be unlawful for anyone to sell game fish exempt from the provisions 
of § 28-690 during the months of April, May and June of each year ; provided, 
however, nothing contained in this section shall be construed to apply to any 
such game fish shipped into this State from a point without the State nor to 
a person taking fish from a private pond. Any person violating any provision 
of this section shall be guilty of a misdemeanor and upon conviction shall be 
fined not more than one hundred dollars nor less than twenty-five dollars or 
imprisoned for not less than ten nor more than thirty days, for each and every 
violation hereof. 

1942 Code § 1773-3; 1932 Code § 1800; 1928 (35) 1179; 1932 (37) 1480; 1952 (47) 2179. 

Effect of amendment. — The amendment 
changed the reference from § 28-691, now 
repealed, to § 28-690. 

§ 28-692.1. Sale of game fish caught from certain artificial lakes in Game 
Zone No. 2; confiscation of illegal devices. 

It shall be unlawful to sell or offer for sale any game fish caught from the 
waters of any artificial lake having an area of ten thousand acres or more within 
Game Zone No. 2 that has its dam site in said zone, from any of the tributaries 
upstream of any such lake for a distance of one mile above where the water ceases 
to flow or from Boyd's Mill Pond in Laurens County. 

Any person violating any of the provisions of this section shall be guilty of 
a misdemeanor and shall be punished by a fine of not less than ten dollars nor 
more than one hundred dollars or by imprisonment of not less than ten days or 
more than thirty days. 

1952 (47) 2179. 

§ 28-692.2. How owner may draw private pond and dispose of fish caught. 

It shall be lawful for the owner of any private pond, in the presence of and 
under the supervision of a representative of the Division of Game, to draw such 
pond and dispose of the fish caught at such drawing, by sale or otherwise. But 
any fish sold must be sold and disposed of at the site of such pond in the presence 
of a representative of the Division of Game. 

1952 (47) 2179. 

§ 28-693. Drawing of ponds. 

Repealed by A. & J. R. 1952 (47) 2179. 
Cross reference. — See now § 28-692.2. 

§ 28-697. Disposition of fines and proceeds of forfeitures. 
Repealed by A. & J. R. 1952 (47) 2179. 
Cross reference. — See now § 28-12.1. 

Article 6. 
Fish Hatcheries and Fish Sanctuaries; Propagation. 

§ 28-710.1. Acquisition of land for fish hatcheries. 

The Commission may acquire a sufficient number of acres of land in close 
proximity to any dam, artificial lake, impounded water or stream for the purpose 
of establishing fish hatcheries or fish nurseries. In order to carry out the pur- 
poses of this section the same power and authority of Condemnation is hereby 
conferred upon the Commission that has been heretofore conferred on State 
agencies under chapter 2 of Title 25. 
" 1952 (47) 2179. 

127 



§ 28-710.2 Code of Laws of South Carolina § 28-715.5 

§ 28-710.2. Same ; for United States fish hatcheries. 

The Commission may lease or purchase a suitable number of acres of land in 
this State for the purpose of allowing the United States fisheries to establish 
thereon fish hatcheries. The expense of leasing or buying such lands and the 
protection and distribution shall be paid out of the game protection fund. 

1952 (47) 2179. 

§§ 28-711 to 28-714. Acquisition of lands for hatcheries and funds for hatch- 
eries in certain counties. 

Repealed by A. & J. R. 1952 (47) 2179. 

Cross reference. — See now §§ 28-710.1, 
28-710.2. 

§ 28-715. Distribution of fish raised in hatchery in Greenville County. 

The distribution of fish raised in the hatchery on the lands donated in Greenville 
County by J. Harvey Cleveland shall be under the direction and supervision of the 
Director or his duly authorized deputies. 

1942 Code § 1812; 1932 Code § 3295; 1931 (37) 309; 1952 (47) 2890. 

Effect of amendment. — The amendment 
substituted the Director for the former 
Chief Game Warden. 

§ 28-715.1. Establishment of fish sanctuaries. 

The Director of the Division of Game shall, without any cost to the State 
whatsoever, designate and establish sanctuaries where fish may breed unmolested 
in the manner and subject to the provisions herein. 

1952 (47) 2179. 

§ 28-715.2. Designation in rivers and streams. 

The Director of the Division of Game may select any place upon any river or 
stream within this State as a fish sanctuary. Upon making such selection the 
Director, upon approval in writing of a majority of the members of the county 
legislative delegation from the county or counties in which such proposed fish 
sanctuary is to be located, may designate and set apart such place as a fish sanctuary. 
No one sanctuary shall exceed two miles in length along any river or stream. When 
such sanctuary shall be so designated and set apart, the Director shall have it 
adequately and conspicuously marked and shall designate the limits thereof in all 
directions. 

1952 (47) 2179. 

§ 28-715.3. Designation in lakes and ponds. 

Any such sanctuary may be set apart in any lake or pond upon condition that 
the landowner shall enter an agreement with the Director to set aside and turn 
over to the State for such purpose such lake or pond. 

1952 (47) 2179. 

§ 28-715.4. Effect of such establishment. 

When a fish sanctuary is so established, whether upon the approval of the 
county legislative delegation or by agreement with landowners in the case of 
private property, such establishment shall be effective for a period of five years 
from the date of such approval or agreement and there shall be no fishing or 
trespassing upon any waters so established as a sanctuary. The Director may 
post such territory so designated as a sanctuary, in the name of the State, and 
may prosecute any person fishing or trespassing thereon. 

1952 (47) 2179. 

§ 28-715.5. Penalties for violation of such sanctuaries. 

Any person fishing or trespassing upon any property or waters so established 
as a sanctuary by the Director shall be guilty of a misdemeanor and upon con- 

128 



28-716 



1954 Cumulative Supplement 



28-721 



viction thereof shall be punished by a fine of not exceeding two hundred dollars 
or by imprisonment for not more than six months. 
1952 (47) 2179. 

§§ 28-716 to 28-720. Establishment of fish sanctuaries, etc. 
Repealed by A. & J. R. 1952 (47) 2179. 
Cross reference. — See now §§ 28-715.1 t© 

28-715.5. 

§ 28-721. Sanctuary in Little Pee Dee Swamp. 

There is hereby created and established a fish sanctuary in a portion of the 
streams or waters on each side of the highway in Little Pee Dee River Swamp 
in Marion County near Gallivant's Ferry. 

It shall be unlawful for any person to fish, seine, net or otherwise enter upon 
or trespass upon so much of the streams or waters in Little Pee Dee River 
Swamp in Marion County, near Gallivant's Ferry, as lie along and on each side 
of the highway leading from Little Pee Dee River Bridge in a generally north- 
westerly direction to Marion for a distance of approximately one and seven tenths 
miles to the first curve on the highway northwest of the bridge. Any person 
violating the provisions of this section shall be deemed guilty of a misdemeanor and 
upon conviction shall be punished by a fine of not less than twenty-five dollars 
nor more than one hundred dollars or imprisonment of not less than fifteen nor 
more than thirty days. 

1942 Code § 1820-1; 1938 (40) 1825; 1946 (44) 1318; 1953 (48) 257. 

Effect of amendment. — The amendment omitted an exception for persons fishing 
limited the area of the sanctuary and with hook and line. 



Article 1. 
General Provisions 



Sec. 



28-757. Board may require permits for tak- 
ing of fish. 

28-758. Erection of signs without authority. 

28-759. Injury to signs, boatts, etc., a mis- 
demeanor. 

28-761. Punishment for certain violations of 
chapter. 

Article 2. 
Shellfish Generally. 
28-772. Protection of beds planted by Di- 
vision. 
28-773. Sanitary conditions of beds and 
plants. 

Article 3. 
Provisions Relating to Both Oysters and 

Clams. 
28-781. Closed season for oysters and clams. 

Article 4. 
Provisions Relating to Oysters Only. 

28-791. Ownership of oyster beds. 
28-794.1. Same; section inapplicable to cer- 
tain areas in Horry County. 
28-795. Planting of lapanese seed oysters. 
28-797. Nonstandard measures. 
28-800. Oyster farm in Charleston County. 

Article 5. 
Leases of Shellfish Bottoms. 

Z8-811. Authorization. 



CHAPTER 8. 
Coastal Fisheries Law 

Sec. 

28-814. Notice of application. 

2X-,\_?2. Plantings required of lessees. 

2^-X23. Gathering seed oysters for planting. 



Article 6. 
Canning and Shucking Plants. 

28-841. Period of operation of plants. 

28-842. Premises, utensils, etc., used for 
shucking to be kept sanitary. 

28-843. Conduct of shucking for market; 
records. 

28-844. Purchases of shucked oysters. 

28-845. Planting of oyster shell by can- 
neries, etc. 

28-846. Purchase of shell by Division for 
replanting. 

28-847. Records to be kept by canneries. 

28-848. Reports of canneries. 

Article 7. 
Shrimp and Prawn. 

28-864. Same; seaward boundary of St. 

Helena Sound for purpose of § 

28-863. 
28-865. Registration numbers on licensed 

shrimp trawlers. 

Article 8. 
Crabs. 

28-875. Penalties. 

2S-S76. Trawling for crabs lawful at certain 

times and places. 
28-S77. Licenses for boats trawling for 

crabs. 



129 



28-753 



Codf of Laws of South Carolina 



28-759 



Sec. 

28-878. Size of mesh in net. 

Article 9. 
Shad and Sturgeon. 

28-886.1. Same; exception for Game Zone 
No. 7. 

28-892. Records of persons trading in shad 
and sturgeon; reports. 

28-893. Distribution of shad fry from An- 
drews shad hatchery. 

Article 13. 
Licenses and Taxes. 

28-934. Licenses to take shellfish for mar- 
ket. 

28-935. License taxes on fishing appliances. 

28-940. Fee for terrapin dealer's license. 

28-941. Procuring license to take, can, pack 
or ship shellfish. 

28-942. Procuring license to fish for market. 

28-943. Revocation of licenses. 

28-944. Shrimp boat licenses. 

28-945. Nonresident shrimp boat licenses. 

28-946. Nonresidents to pay State income 
taxes before being licensed. 

28-950. Revocation of shrimp boat licenses. 

28-951. License for dealers in shrimp or 
prawn. 

28-952. Licenses for fishing for nonfood 
fish; fees. 

28-953. Application for such license. 

28-954. Containers to have tax stamps 
affixed. 

Artt 



Sec. 

28-957. Duties of county treasurer as to 

rentals, sale of tax stamps, etc. 
28-958. Withdrawal of tax stamps by in- 
spector. 
28-960. Licensees to be furnished copies of 

regulations and fisheries law. 
28-961. Revenues to be deposited with State 

Treasurer; exception. 

Article 14. 
Restricted Areas in Charleston County. 

28-972. Restricted areas designated by 

markers. 
28-976. Enforcement. 

Article 15. 

Sanitation Regulations in Horry County. 

28-981. County health department to en- 
force article. 

28-982. Article not applicable to private 
individuals. 

28-983. Building specifications for commer- 
cial fisheries. 

2S-984. Location of fishery must be ap- 
proved; issuance of permit. 

28-985. Seines to be within 600 feet of fish 
house. 

28-986. Spoiled fish, refuse, scrap, etc. 

28-987. Rules and regulations. 

28-988. Penalties. 

28-989. Revocation of permit. 



CLF 1. 



General Provisions. 
§ 28-753. Chapter not applicable in fresh waters. 

Shad laws, §§ 28-881 et seq., are excep- 
tions to this section. Atty. Gen. Op., Apr. 

7, 1954. 

§ 28-757. Board may require permits for taking of fish. 

The Commercial Fisheries Advisory Board may by its rules and regulations 
prescribe for permits to be held by all persons actually engaged in the taking of 
fish in the waters of this State and provide such punishment for persons failing 
to secure such permits for themselves or those working under their authority as 
in the judgment of the Board may seem proper, not to exceed forfeiture of license. 

1942 Code § 3365; 1932 Code § 3365; 1924 (33) 1016; 1952 (47) 2890. 

Effect of amendment. — The amendment visory Board for the former State Board 
substituted the Commercial Fisheries Ad- of Fisheries. 

§ 28-758. Erection of signs without authority. 

It shall be unlawful for any person without authority from the Commercial 
Fisheries Advisory Board first had and obtained as provided by this chapter to 
set up, erect or use any sign purporting to be the sign of leased planting ground 
or of restricted area as required of lessees of bottoms or of the Board and any 
person so offending shall be guilty of a misdemeanor and punished by fine or 
imprisonment in the discretion of the court of general session. 

1942 Code § 3360; 1932 Code § 3360; 1924 (33) 1016; 1952 (47) 2890. 

Effect of amendment.— The amendment visory Board for the former State Board 
substituted the Commercial Fisheries Ad- of Fisheries. 

§ 28-759. Injury to signs, boats, etc., a misdemeanor. 

Any person removing, injuring, defacing or in any way disturbing the signs, 
buoys or other appliances used by the Commercial Fisheries Advisory Board in 

130 



§ 28-761 1954 Cumulative Supplement § 28-773 

marking restricted areas or bottoms or used by lessees of bottoms in marking 
the leased areas or who shall injure or destroy any boat or property of any kind 
used by the Board or any employee thereof shall be guilty of a misdemeanor and 
punished by fine or imprisonment in the discretion of the court trying such per- 
son. 

1942 Code § 3358; 1932 Code § 3358; 1924 (33) 1016; 1952 (47) 2890. 

Effect of amendment. — The amendment visory Board for the former State Board 
substituted the Commercial Fisheries Ad- of Fisheries. 

§ 28-761. Punishment for certain violations of chapter. 

Any person violating any of the provisions of this chapter for which no pun- 
ishment has been specially provided shall be punished by a fine not exceeding 
one thousand dollars or imprisoned not exceeding six months, in the discretion 
of the court. But the Division of Commercial Fisheries may, in its discretion, 
prosecute for such violations in the original jurisdiction of the magistrate's court 
by special request in writing endorsed upon the warrant that the magistrate's 
court shall assume such jurisdiction, whereupon, in the event of conviction in 
such court, the magistrate shall impose sentence of a fine not exceeding one 
hundred dollars or imprisonment not exceeding thirty days. 

1942 Code § 3407; 1932 Code § 3407; 1924 (33) 1016; 1952 (47) 2890. 

Effect of amendment. — The amendment Fisheries, 
substituted the Division of Commercial Cited in Shipman v. Du Pre, 222 S. C. 

Fisheries for the former State Board of 475, 73 S. E. (2d) 716 (1952). 

Article 2. 
Shellfish Generally. 

§ 28-772. Protection of beds planted by Division. 

The Division of Commercial Fisheries may plant beds of shellfish and prohibit 
the gathering of shellfish therefrom by suitable marks, signs and advertisements 
to that effect and during the period of such prohibition and while such beds are 
so marked it shall be unlawful for any person to take shellfish therefrom. 

1942 Code § 33-52; 1932 Code § 3352; 1924 (33) 1016; 1952 (47) 2890. 

Effect of amendment. — The amendment Fisheries for the former State Board of 
substituted the Division of Commercial Fisheries. 

§ 28-773. Sanitary conditions of beds and plants. 

The Commercial Fisheries Advisory Board and the State Board of Health 
shall determine, inspect and control the sanitary conditions of all beds on which 
shellfish are grown and inspect and control as to sanitary operation all shucking 
plants or plants where shellfish are packed or otherwise prepared. It shall also 
provide a method of identification in the form of a certificate number that will 
make plain the source of the shellfish in every container. No such certificate number 
may be used as an advertising medium unless the beds from which the shellfish 
have been taken and the plants in which they have been shucked or packed have 
been passed on by a representative of the State Board of Health. The method 
of storing and shipping shellfish shall be supervised, inspected and controlled by 
the State Board of Health and the Commercial Fisheries Advisory Board. The 
penalty for unlawfully advertising oysters or shad, including the certificate of the 
State Board of Health, shall be a fine of not less than one thousand dollars. The 
State Board of Health shall see to it that the product of all such packing or 
preparing plants conforms to the proper standards for salinity of water content and 
food proportion, to the pure food laws standards and to an established, bacterial 
standard. The expense of the representative of the State Board of Health in getting 
to and from beds, shucking plants and packing houses in order to inspect them shall 
be borne by the owner of the bed, shucking plant or packing house. 

1942 Code § 3393; 1932 Code § 3393; 1924 (33) 1016; 1925 (34) 225; 1952 (47) 2890. 

Effect of amendment. — The amendment visory Board for the former State Board 
substituted the Commercial Fisheries Ad- of Fisheries. 

131 



§ 28-781 Cods of Laws of South Carolina § 28-797 

Article 3. 
Provisions Relating to Both Oysters and Clams. 
§ 28-781. Closed season for oysters and clams. 

It shall be unlawful for any person to remove oysters from the beds between 
the first day of May and the first day of October of each year or clams between 
the first day of May and the first day of August of each year. But nothing in 
this section shall prevent the removal of oysters by the Commercial Fisheries 
Advisory Board or under permits granted by them for the purpose of replant- 
ing that place or places designated by them. Possession of oysters or clams dur- 
ing the closed season above provided shall be prima facie evidence of violation 
of the provisions of this section. 

1942 Code § 3351; 1932 Code § 3351; 1924 (33) 1016; 1930 (36) 1320; 1952 (47) 2890. 

Effect of amendment. — The amendment visory Board for the former State Board 
substituted the Commercial Fisheries Ad- of Fisheries. 

Article 4. 
Provisions Relating to Oysters Only. 
§ 28-791. Ownership of oyster beds. 

For the purpose of this chapter all of the bottoms within the jurisdiction of 
this State contained between high-water mark and one foot below ordinary low- 
water mark shall be deemed and considered as oyster beds and the Commercial 
Fisheries Advisory Board may lease all or part thereof as it may determine and 
no grant, lease or conveyance hereafter made, except it be a special grant by the 
General Assembly, shall be effective to convey any private ownership or control 
of any fishing or fisheries therein. 

1942 Code § 3329; 1932 Code § 3329; 1924 (33) 1016; 1936 (39) 1644; 1952 (47) 2890. 

Effect of amendment. — The amendment visory Board for the former State Board 
substituted the Commercial Fisheries Ad- of Fisheries. 

§ 28-794.1. Same; section inapplicable to certain areas in Horry County. 

The provisions of § 28-794 are not applicable to the areas of the Cherry Grove 
Beach Development Company and the East Cherry Grove Realty Company, in 
Horry County, as defined in Act No. 615 of the Acts and Joint Resolutions of 
1933 (Acts 1933, p. 1168) and Act No. 476 of the Acts and Joint Resolutions of 
1953 (Acts 1953, p. 1003), respectively. 

1954 (48) 1473. 

§ 28-795. Planting of Japanese seed oysters. 

It shall be unlawful for any person to plant Japanese seed oysters within this 
State without first procuring permission from the Commercial Fisheries Advisory 
Board so to do. Any person violating the provisions hereof shall upon conviction 
be fined not less than six hundred dollars or imprisoned for not less than six 
months, in the discretion of the court. 

1942 Code § 3415; 1933 (38) 347; 1952 (47) 2890. 

Effect of amendment. — The amendment visory Board for the former State Board 
substituted the Commercial Fisheries Ad- of Fisheries. 

§ 28-797. Nonstandard measures. 

All bushel, half-bushel or peck measures found at any place where oysters are 
purchased or sold in the shell which do not conform in shape and contents to stand- 
ards established by § 28-796 shall be destroyed by the Division of Commercial 
Fisheries or its authority. Any person who shall buy or sell oysters in the shell 
using a bushel, half-bushel or peck measure which does not conform to such stand- 
ards as to contents shall be deemed guilty of a misdemeanor, and, on conviction, 

132 



§ 28-800 1954 Cumulative Supplement § 28-822 

shall be punished for each offense by a fine of not less than ten dollars nor more 
than fifty dollars or by imprisonment of not more than thirty days. 

1942 Code §§ 3370, 3371; 1932 Code §§ 3370, 3371; 1924 (33) 1016; 1952 (47) 2890. 

Effect of amendment. — The amendment visory Board for the former State Board 
substituted the Commercial Fisheries Ad- of Fisheries. 

§ 28-800. Oyster farm in Charleston County. 

The governing" body of Charleston County may, in conjunction with the Division 
of Commercial Fisheries, utilize and employ not exceeding one hundred acres of 
shores and bottoms in said county belonging to the State and not now leased for 
the purpose of planting and propagating oysters and operating an oyster farm 
for the benefit of the residents of said county. The one hundred acres so used shall 
be composed of not more than two separate areas and shall be located as far from 
any canning factory now in operation as a convenient location or locations in the 
county can be found. Such oyster farm shall be operated under such regulations 
as shall be promulgated by the governing body of the county. Any person wilfully 
trespassing on or removing oysters from such area for commercial purposes shall 
be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of 
not exceeding fifty dollars or imprisonment of not exceeding thirty days. 

1942 Code § 3421-1; 1938 (40) 1708; 1952 (47) 2890. 

Effect of amendment. — The amendment Fisheries for the former State Board of 
substituted the Division of Commercial Fisheries. 

Article 5. 
Leases of Shellfish Bottoms. 
§ 28-811. Authorization. 

It shall be lawful for the Commercial Fisheries Advisory Board to lease to any 
person portions of the bottoms for the purpose of oyster culture, not exceeding an 
aggregate of one thousand acres to any person for a term not exceeding five years. 
Any such lease shall be renewed at the option of the lessee for an additional term 
of five years at the rate of rental of one dollar per acre per year for the renewal 
period. 

1942 Code § 3332; 1932 Code § 3332; 1924 (33) 1016; 1936 (39) 1644; 1952 (47) 2890. 

Effect of amendment. — The amendment visory Board for the former State Board 
substituted the Commercial Fisheries Ad- of Fisheries. 

§ 28-814. Notice of application. 

Upon the filing with it of the application approved by the Director of the Di- 
vision of Commercial Fisheries and the plat of the territory so approved, the Board 
shall cause to be published in a newspaper in which legal advertisements by the 
sheriff are published in the county wherein the territory applied for is located, a 
notice to all persons of the application for such bottoms for planting and propa- 
gation of oysters, giving the name of the applicant, a sufficient description of the 
bottoms applied for to enable them to be located and the day on which the Board 
will pass upon objections to the granting of such lease. Such advertisement shall 
be published once a week for three weeks immediately preceding such date. 

1942 Code § 3338; 1932 Code § 3338; 1924 (33) 1016; 1936 (39) 1644; 1952 (47) 2890. 

Effect of amendment. — The amendment Commercial Fisheries for the former chief 
substituted the Director of the Division of inspector or district inspector. 

§ 28-822. Plantings required of lessees. 

Lessees of bottoms for the planting and propagation of oysters shall plant or 
distribute on the leased bottoms at least one hundred bushels of shell or seed oysters 
per oyster bottom acre each year during the term of the lease. Such planting shall 
be under the direction of the Commercial Fisheries Advisory Board. The amount 
of seed oysters or shell required to be planted by this section shall be in addition 
to the amount of shell required to be planted bv § 28-845. 

1942 Code § 3343; 1932 Code § 3343; 1924 (33)" 1016; 1945 (44) 319; 1952 (47) 2890. 

Effect of amendment. — The amendment visory Board for the former State Board 
substituted the Commercial Fisheries Ad- of Fisheries. 

133 



§ 28-823 Code of Laws of South Carolina § 28-844 

§ 28-823. Gathering seed oysters for planting. 

Lessees of bottoms are permitted to gather seed oysters for replanting on their 
own leased lands from the public beds of the State which may be designated from 
time to time by the Director of the Division of Commercial Fisheries for the 
purpose, but such oysters for replanting must be gathered during the open season 
for oysters or during the time immediately thereafter not later than June 1st in 
any year. 

1942 Code § 3344; 1932 Code § 3344; 1924 (33) 1016; 1952 (47) 2890. 

Effect of amendment. — The amendment of Commercial Fisheries for the former 
substituted the Director of the Division chief inspector or assistant inspectors. 

Article 6. 
Canning and Shucking Plants. 

§ 28-841. Period of operation of plants. 

Canneries shall not commence operation before October first of each year and 
both canneries and raw shucking plants shall cease operation on May fifteenth. 
But the Commercial Fisheries Advisory Board may, in its discretion, require the 
operations to cease not later than April first or to commence no earlier than Oc- 
tober thirty-first. 

1942 Code § 3361; 1932 Code § 3361; 1924 (33) 1016; 1925 (34) 225; 1929 (36) 163, 
213; 1952 (47) 2890. 

Effect of amendment. — The amendment visory Board for the former State Board 
substituted the Commercial Fisheries Ad- of Fisheries. 

§ 28-842. Premises, utensils, etc., used for shucking to be kept sanitary. 

All premises, sheds, utensils, measures, tools and implements used on premises 
of shucking plants must be kept in sanitary condition and to that end the Com- 
mercial Fisheries Advisory Board may prescribe such rules and regulations for 
sanitation and provide for such inspections as in its judgment may be advisable 
and may for persistent violations of such sanitary rules and regulations revoke the 
licenses of the persons violating them. 

1942 Code § 3368; 1932 Code § 3368; 1924 (33) 1016; 1952 (47) 2890. 

Effect of amendment. — The amendment Fisheries for the former State Board of 
substituted the Division of Commercial Fisheries. 

§ 28-843. Conduct of shucking for market; records. 

All persons engaged in shucking raw oysters or claims for market shall con- 
duct such shucking in sheds at places and of a construction approved by the Com- 
mercial Fisheries Advisory Board and all oysters shucked in such sheds must 
be measured and a record kept by such persons showing the number of bushels 
of oysters in the shell shucked and the quantity in quarts shucked therefrom. At 
the end of each month every such person shall make a report showing such dates. 
The reports must be delivered or mailed on or before the fifth day of each suc- 
ceeding month. 

1942 Code § 3366; 1932 Code § 3366; 1924 (33) 1016; 1952 (47) 2890. 

Effect of amendment. — The amendment visory Board for the former State Board 
substituted the Commercial Fisheries Ad- of Fisheries. 

§ 28-814. Purchases of shucked oysters. 

All persons engaged in shucking raw oysters for market who shall purchase 
oysters previously shucked shall show such purchases separately on their records 
and on their monthly reports. No person engaged in shucking raw oysters for 
market shall be permitted to purchase shucked raw oysters from other than per- 
sons regularly engaged to shuck them on premises and in sheds provided for 
that purpose and approved by the Commercial Fisheries Advisory Board. 

1942 Code § 3367; 1932 Code § 3367; 1924 (33) 1016; 1952 (47) 2890. 

Effect of amendment. — The amendment visory Board for the former State Board of 
substituted the Commercial Fisheries Ad- Fisheries. 

134 



§ 28-845 1954 Cumulative Supplement § 28-848 

§ 28-845. Planting of oyster shell by canneries, etc. 

The person in charge of each canning factory or raw shucking plant in this State 
shall each year distribute upon such bottoms as shall be designated by the Com- 
mercial Fisheries Advisory Board or its authority and in the manner required by 
it a quantity of oyster shells not exceeding thirty-three and one-third per cent of 
the quantity acquired by such cannery or raw shucking plant during the preceding 
open season. Such distribution or replanting shall be done under the direction or 
supervision of the board of fisheries within a radius of twenty miles from such 
factory or shucking plant and before the first day of June. Any failure to comply 
with this section shall subject the cannery or shucking plant to revocation of license 
and the person offending shall be punished by fine of not less than one hundred 
dollars or imprisonment of not less than one nor more than six months. 

1942 Code § 3356; 1932 Code § 3356; 1924 (33) 1016; 1952 (47) 2890. 

Effect of amendment. — The amendment visory Board for the former State Board 
substituted the Commercial Fisheries Ad- of Fisheries. 

§ 28-846. Purchase of shell by Division for replanting 1 . 

The Division of Commercial Fisheries shall have the right from the end of each 
open season to the commencement of the next open season to purchase shells 
from the canning factories and raw shucking plants for replanting in the waters of 
this State ; such shells shall be purchased at the prevailing market price and in 
the event of disagreement as to what is the prevailing market price such price 
shall be fixed by arbitration or condemnation proceedings at the option of the 
seller. But such purchases shall not be made so as to interfere with the compli- 
ance by such canneries and shucking plants with the requirements of law as to 
replanting, shall not extend to shells accumulated from any season other than the 
one immediately preceding such purchases and shall not interfere with the busi- 
ness necessities of such canneries or shucking plants in providing space or grounds 
for their own operations. 

1942 Code § 3353; 1932 Code § 3353; 1924 (33) 1016; 1952 (47) 2890. 

Effect of amendment. — The amendment Fisheries for the former State Board of 
substituted the Division of Commercial Fisheries. 

§ 28-847. Records to be kept by canneries. 

All managers or other persons in charge of oyster canning factories shall be 
required under a penalty of not less than one hundred dollars for each infraction 
of this requirement to keep a book of such size and description as may be pre- 
scribed by the Commercial Fisheries Advisory Board in which shall be entered : 

( 1 ) The name of each person from whom he shall purchase oysters in the shell, 
together with the date of each such purchase and the quantity so purchased ; and 

(2) Under appropriately headed columns the name, rig, state license number 
and approximate tonnage of the boat in which the oysters were brought to the 
factory. 

They shall also in the same or another book of size and description to be pre- 
scribed by said Board keep a record of (a) the quantity of oysters purchased each 
day in bushels; (b) the quantity in ounces canned each day; and (c) the quantity 
in ounces shipped each day with the destination and manner of such shipment 
and the name of the carrier. They shall also retain duplicates of the bills of lading 
on file for comparison with such books. Such books or records and bills of lading 
shall be open at all times to the inspection of the Board or its agents or the Comp- 
troller General or his agents. 

1942 Code § 3362; 1932 Code § 3362; 1924 (33) 1016; 1952 (47) 2890. 

Effect of amendment. — The amendment visory Board for the former State Board 
substituted the Commercial Fisheries Ad- of Fisheries. 

§ 28-848. Reports of canneries. 

All managers or other persons in charge of oyster canning factories shall make 
a written report to the Division of Commercial Fisheries not later than the fourth 

135 



§ 28-861 Codi; of Laws of South Carolina § 28-864 

day of each calendar month containing in itemized form the information contained 
in the books required to be kept by § 28-847. They shall also within the first six 
days of May in each year make a report to the Division of the quantity of canned 
oysters and stamps of each denomination on hand on the first day of May and 
of such other data as may be required by the Division, 

1942 Code § 3362; 1932 Code § 3362; 1924 (33) 1016; 1952 (47) 2890. 

Effect of amendment. — The amendment Fisheries for the former State Board of 
substituted the Division of Commercial Fisheries. 

Article 7. 
Shrimp and Prawn. 
§ 28-861. Closed season on shrimp and prawn. 

Constitutionality. — See Shipman v. Du- 
Pre, 222 S. C. 475, 73 S. E. (2d) 716 (1952). 

§ 28-862. Size of shrimp or prawn. 

Constitutionality. — See Shipman v. Du- 
Pre, 222 S. C. 475, 73 S. E. (2d) 716 (1952). 

§ 28-864. Same; seaward boundary of St. Helena Sound for purpose of 
§ 28-863. 

For the purpose of § 28-863 the seaward boundary of St. Helena Sound shall be 
designated by lines through the following markers or points as they appear on U. S. 
Coast and Geodetic Survey Charts : the N. W. point of Harbor Island, government 
markers, A 11, A 9, A 7, A 5, A 4, A 2, A 1, F L ev. 4 sec, C 1 black buoy and 
the N. W. point of Otter Isalnd. The seaward boundary of Port Royal Sound 
shall be designated by a line from the north line of Station Creek, to Bay Point, 
not including the mouth of Station Creek, on the west side of Beaufort River from 
Marsh Island to Parris Point Blinker Buoy, from the Blinker Buoy along Parris 
Island south shore to Elliott Beach on Parris Island, from Elliott Beach in a 
southerly direction to the east point of Dawes Island to a point one mile west of 
the point, the line then extending southwesterly to the west point of Foote Point 
Marsh, then turning east along Foote Point Marsh across McKay's Creek along 
the north-shore line of Pinckney Island crossing Skull Creek to Hilton Head north- 
west point, then following Hilton Head north shore to the sea. Section 28-863 shall 
not be applicable to all of the Trenchards Sound with the exception of all creeks 
emptying into the sound, excepting Station River east mouth and any streams 
north of the line east from the northeast point of Eddings Island Marsh to the 
northwest point of Story River Marsh at the intersection of Story River Marsh and 
Trenchards Marsh. Nor shall it be applicable to all of Daufuskie Sound included 
within the line as is described herein, running north along Daufuskie Island to 
Haighs Point, crossing Cooper River to the southeast marsh point of Bulls Island, 
following the east side of Bulls Island Marsh to the south point of Marsh Island, 
crossing Daufuskie Sound to Long Point on Hilton Head Island, following the 
west side of Hilton Heal Island to the sea. Section 28-863 shall not be applicable 
to the Sounds in Bcaujort County during the months of September, October and 
November. 

1953 (48) 394. 

Sounds do not include tributary waters. — It is permissible to trawl for shrimp 

The right to trawl for shrimp in Sounds from the seaward boundary established by 
of Beaufort County during months of Sep- this section, and during the months of 
tember, October and November does not September, October and November there 
include tributaries, streams, bays, rivers and is no restriction on trawling in Sounds of 
other bodies of water connected with the Beaufort County. Atty. Gen. Op., July 20, 
Sounds, and the division of such tributary 1953. 

waters from the Sounds should be the line "This section" wherever appearing in 

at points of junction from headland to Act of 1953, 48 Stat. 394, refers to § 28-863. 
headland. Atty. Gen. Op., Sept. 8, 1954. Atty. Gen. Op., July 20, 1953. 

136 



§ 28-865 1954 Cumulative Supplement § 28-881 

§ 28-865. Registration numbers on licensed shrimp trawlers. 

Every boat licensed by the Commercial Fisheries Advisory Board to trawl for 
shrimp in this State, at the time of the issuance of such license shall be assigned 
by the Board a number under which such boat shall be registered and operated. 
The number so assigned to any such boat shall be painted on each side of the cabin 
or deck house thereof in distinctive numerals at least two feet in height, with the 
barrel of the numerals four inches in width, and the paint used for such purpose 
shall be different from and in clear contrast in color to the boat on which applied 
so that such 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 dollars nor more than one hundred dollars 
or imprisoned for a period of not less than ten days nor more than thirty days for 
each and every such offense. 

1942 Code § 3414-1; 1936 (39) 1385; 1937 (40) 378; 1952 (47) 2890. 

Cross reference. — See § 28-877 for pro- substituted the Commercial Fisheries Ad- 
vision that boat licensed for either crab or visory Board for the former State Board 
shrimp trawling may do either or both. of Fisheries. 

Effect of amendment. — The amendment 

Article 8. 

Crabs. 
§ 28-875. Penalties. 

Any person violating the provisions of §§ 28-873 or 28-874 shall be subject to 
a fine of not less than ten dollars nor more than one hundred dollars or imprison- 
ment not to exceed thirty days, in the discretion of the court, and such packages, 
barrels or baskets containing illegal size crabs, and the entire contents thereof, shall 
be confiscated and become the property of the State to be disposed of in the dis- 
cretion of the Commercial Fisheries Advisory Board. 

1942 (42) 1686; 1952 (47) 2890. 

Effect of amendment. — The amendment visory Board for the former State Board 
substituted the Commercial Fisheries Ad- of Fisheries. 

§ 28-876. Trawling for crabs lawful at certain times and places. 

It shall be lawful to trawl for crabs within the three-mile limit and in sounds and 
bays during the months of December, January, February and March of each year. 
1953 (48) 375. 

§ 28-877. Licenses for boats trawling for crabs. 

The South Carolina Wildlife Resources Commission may require boats trawling 
for crabs to obtain a boat license which shall be good for one year. Only one boat 
license shall be required to be taken out on a boat in any one year regardless of 
whether the boat is used in trawling for crabs or shrimp or both. 

1953 (48) 375. 

§ 28-878. Size of mesh in net. 

No trawling for crabs shall be done with a net having a bag with a mesh of less 
than five inches. 
1953 (48) 375. 

Article 9. 

Shad and Sturgeon. 

§ 28-881. Closed season on shad. 

This section applies to all methods of rods and sports tackle. Atty. Gen. Op., Apr. 
taking such fish, including fly rods, casting 7, 1954. 

137 



§ 28-886.1 Code of Laws of South Carolina § 28-935 

§ 28-886.1. Same; exception for Game Zone No. 7. 

Notwithstanding the provisions of § 28-886, in Game Zone No. 7 a five and 
one-half inch mesh net may be used and it shall be lawful to set nets from Tues- 
day noon until Saturday noon during the open season. 

1953 (48) 167. 

§ 28-892. Records of persons trading in shad and sturgeon; reports. 

All persons engaged in buying, shipping and selling shad or sturgeon shall keep 
books wherein shall be entered the date, kind and quantity of each sale, purchase 
or shipment, the name of each person from whom shad or sturgeon have been 
purchased and a copy of each bill of lading and shall make monthly reports to the 
Division of Commercial Fisheries not later than the fifth day of each month show- 
ing these details. 

1942 Code § 3387; 1932 Code § 3387; 1924 (33) 1016: 1952 (47) 2890. 

Effect of amendment. — The amendment Fisheries for the former State Board of 
substituted the Division of Commercial Fisheries. 

§ 28-893. Distribution of shad fry from Andrews shad hatchery. 

The Commercial Fisheries Advisory Board is directed to ascertain the natural 
spawning ground along the Black River, Lynch's River, Great Pee Dee River, 
Little Pee River, Waccamaw River and Sampit River, the waters of which event- 
ually flow into Winyah Bay, and to distribute the shad fry or fingerling from the 
Andrews shad hatchery, located on Black River, at the spawning grounds, as as- 
certained on said rivers, as far from the mouths of the respective streams as prac- 
tical. The distribution shall be made upon the basis of the length and size of the 
respective streams. 

1942 Code § 3421; 1937 (40) 347; 1952 (47) 2890. 

Effect of amendment. — The amendment visory Board for the former State Board 
substituted the Commercial Fisheries Ad- of Fisheries. 

Article 13. 
Licenses and Taxes. 

§ 28-934. Licenses to take shellfish for market. 

Licenses to take shellfish for market shall be issued by the Division of Com- 
mercial Fisheries and supplied to the various county treasurers for sale and de- 
livery to applicants who have been approved by the Division or the chief inspector 
and shall be as follows : on any boat of less than custom house tonnage propelled 
by standing sails and rigging, three dollars and on any boat registered or enrolled 
in the United States custom house, one and one half dollars on each gross ton. 

1942 Code § 3375; 1932 Code § 3375; 1924 (33) 1016; 1939 (41) 324; 1952 (47) 2890. 

Effect of amendment.— The amendment Fisheries for the former State Board of 
substituted the Division of Commercial Fisheries. 

§ 28-935. License taxes on fishing appliances. 

The following license tax is hereby levied annually upon the different fishing 
appliances, except sturgeon nets, used in the waters of this State : 

(1) Anchor gill nets, stake gill nets and drift gill nets, twenty-five cents for 
each one hundred yards or fraction thereof ; 

(2) Trap nets, floating, one dollar and fifty cents each; 

(3) Submerged trap nets, three dollars each; 

(4) Crab pots, six dollars a hundred ; 

(5) Shrimp trawl nets, five dollars each; and 

(6) For any apparatus used and not above enumerated, other than cast nets and 

hook and line, the license shall be the same as that provided for the apparatus or 

appliance which it most resembles. 

1942 Code § 3379; 1932 Code § 3379; 1924 (33) 1016; 1947 (45) 576; 1949 (46) 609; 
1954 (48) 1442. 

138 



§ 28-940 1954 Cumulative Supplement § 28-944 

Effect of amendment. — The amendment upon proper subject matter. Shipman v. 

added item (4) above and changed num- DuPre, 222 S. C. 475, 73 S. E. (2d) 716 

bering of former items (4) and (5) to (1952). 
(5) and (6), respectively. License of a net may not be refused be- 

The tax features of this section are rea- cause of belief that it will be used illegally, 

sonable, upon a proper classification and Atty. Gen. Op., Apr. 23, 1954. 

§ 28-940. Fee for terrapin dealer's license. 

The fee for such a license for dealers in terrapin shall he twenty-five dollars for 
one year for each separate place of business or locality in which a store, agency or 
pen may be located. No person shall deal in terrapin until duly licensed as such a 
dealer, nor shall any person buy and pen terrapin for the purpose of sale or ship- 
ment unless he be a dealer duly licensed by the Division of Commercial Fisheries. 

1942 Code §§ 3394, 3395; 1932 Code §§ 3394, 3395; 1924 (33) 1016; 1952 (47) 2890. 

Effect of amendment. — The amendment Fisheries for the former State Board of 
substituted the Division of Commercial Fisheries. 

§ 28-941. Procuring license to take, can, pack or ship shellfish. 

Any person desiring to obtain a license for the taking, canning, packing or ship- 
ping of shellfish within this State for market shall take and subscribe to an oath 
according to the form provided by the Division of Commercial Fisheries, showing 
his name, age, color, citizenship, residence, place of business, kind of license ap- 
plied for and waters in which he proposes to take shellfish. Upon such oath being 
approved in writing by endorsement thereon by the chairman of the Division, he 
may deliver it to any county treasurer to deliver to him a license accordingly. 

1942 Code § 3378; 1932 Code § 3378; 1924 (33) 1016; 1936 (39) 1534; 1952 (47) 2890. 

Effect of amendment. — The amendment Fisheries for the former State Board of 
substituted the Division of Commercial Fisheries. 

§ 28-942. Procuring license to fish for market. 

Each person desiring to fish for market shall, before engaging therein, file with 
the Division of Commercial Fisheries an application for a license, duly verified by 
oath, showing the number and kind of seines or other apparatus he proposes to use 
and his name, age, color, residence, and place of business and the waters wherein 
he proposes to fish. Upon the approval of the Division being endorsed thereon to- 
gether 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 when otherwise 
provided herein. 

1942 Code § 3380; 1932 Code § 3380; 1924 (33) 1016; 1936 (39) 1533; 1952 (47) 2890. 

Effect of amendment. — The amendment Fisheries for the former State Board of 
substituted the Division of Commercial Fisheries. 

§ 28-943. Revocation of licenses. 

The Division shall revoke any license issued under the provisions of §§ 28-941 
or 28-942 when the party to whom such license is issued changes his place of busi- 
ness or handles his business from a place other than that set forth in his applica- 
tion and license without the written consent of the Director of the Division. 

1942 Code § 3380; 1932 Code § 3380; 1924 (33) 1016; 1936 (39) 1533; 1952 (47) 2890. 

Effect of amendment. — The amendment Fisheries and the Director of the Division 
substituted the Division of Commercial for the former chief inspector, 
Fisheries for the former State Board of 

§ 28-944. Shrimp boat licenses. 

All owners of shrimp boats who are residents of this State shall, before operat- 
ing a shrimp boat in the waters of this State obtain a license for such boat and 
pay therefor the sum of twenty dollars for each shrimp boat licensed. The license 
shall be in such form and obtained in such manner as the Board may direct. 

All owners of shrimp boats who are nonresidents of this State shall, before op- 
erating a shrimp boat in the waters of this State, secure a license for each boat 

139 



§ 28-945 Code of Laws of South Carolina § 28-946 

as required of residents under the preceding paragraph, upon payment of the like 
sum of twenty dollars for each boat so licensed and shall, in addition, pay a fee 
of twenty-five dollars, together with five dollars for each member of the ship's crew 
who is a nonresident of this State. 

At the time of securing such licenses for any such boat the owner thereof shall 
file with the Division of Commercial Fisheries a sworn statement giving the name 
and address of the master or captain of the boat. If such licensed shrimp trawler 
is found violating any fisheries law of this State it shall be presumed in all criminal 
and civil proceedings that the registered master or captain was in fact upon the boat 
and such presumption shall be prima facie evidence of the presence of the master 
or captain upon the boat and that he was operating it at the time of the violation 
charged. 

In addition to punishment provided for in § 28-761, any boat trawling for shrimp 
in the waters of this State, without first being licensed, shall be confiscated, with 
its rigging and equipment, and shall be sold at public sale to the highest bidder for 
cash before the courthouse door of the county in which it was captured, after giving 
ten days' notice of such sale in a newspaper published in such county. 

1942 Code § 3379; 1932 Code § 3379; 1924 (33) 1016; 1947 (45) 576; 1949 (46) 609; 
1952 (47) 1691, 2890. 

Effect of amendment. — The amendment tional. Shipman v. Du Pre, 222 S. C. 475, 
substituted the Division of Commercial 73 S. E. (2d) 716 (1952). 
Fisheries for the former State Board of Since before the unlicensed boat or 

Fisheries. property can be sold there will have to 

The tax features of this section are rea- be a conviction of the operator for operat- 
sonable, upon a proper classification and ing without a license. This section provides 
upon proper subject matter. Shipman v. for the confiscation "in addition to the pun- 
Du Pre, 222 S. C. 475, 73 S. E. (2d) 716 ishment provided for in § 28-761." This 
(1952). meets the constitutional provisions of due 

The provision that the licensee give a process because it allows the parties 
sworn statement showing the name and charged a hearing and postpones a sale 
address of the master is a valid exercise of the boat until determination of the 
of police power of the State. Shipman v. criminal case against the operators, and 
De Pre, 222 S. C. 475, 73 S. E. (2d) 716 conditions forfeiture upon a conviction of 
(1952). the criminal charge. Shipman v. Du Pre, 

The provisions relating to forfeitures do 222 S. C. 475, 73 S. E. (2d) 716 (1952). 
not violate due process, and are constitu- 

§ 28-945. Nonresident shrimp boat licenses. 

The Division of Commercial Fisheries shall not grant in any year more than 
one hundred nonresident licenses to operators of shrimp boats. In granting licenses 
to nonresident shrimp boats, the Division shall give preference to those nonresi- 
dent boars that have been fishing in this State for the longest number of years. 
Applications for licenses by such boats, or the operators of such boats, shall be 
made on or before June 1st of the year for which such applications are made. 
If by June 1st of any year the Division has not granted one hundred licenses to 
the operators of nonresident shrimp boats which have previously operated in this 
State, the Division may then grant such licenses to any applicants thereafter until 
the number of one hundred licenses has been issued. 

1947 (45) 576; 1948 (45) 2058; 1952 (47) 2890. 

Effect of amendment. — The amendment Fisheries for the former State Board of 
substituted the Division of Commercial Fisheries. 

§ 28-946. Nonresidents to pay State income taxes before being licensed. 

The Division of Commercial Fisheries, before issuing any nonresident licenses, 
shall require proof that the owner of the nonresident boat has paid all income taxes 
due to the State for profits made from operations in the State during the preceding 
year. 

1947 (45) 576; 1952 (47) 2890. 

Effect of amendment. — The amendment Fisheries for the former State Board of 
substituted the Division of Commercial Fisheries. 

140 



§ 28-950 1954 Cumulative Supplement § 28-957 

§ 28-950. Revocation of shrimp boat licenses. 

The Division of Commercial Fisheries shall immediately revoke for the period 
of time hereinafter stated, and have its designated inspector take up, any license 
issued to a resident or nonresident operator of a shrimp boat upon conviction of 
any violation of any of the fishing laws. Such revocation shall for a first offense 
be for ten days, for a second offense be for thirty days and for a third offense for 
one year. 

1947 (45) 576; 1952 (47) 2890. 

Effect of amendment. — The amendment Fisheries for the former State Board of 
substituted the Division of Commercial Fisheries. 

§ 28-951. License for dealers in shrimp or prawn. 

There shall be a license for buying or shipping shrimp or prawn, other than 
canned shrimp or prawn, in addition to the license for fishing for shrimp or prawn. 
The fee for such license shall be five dollars per annum. Persons granted such 
licenses must make monthly reports as the Division of Commercial Fisheries may 
require. 

1942 Code § 3409; 1932 Code § 3409; 1925 (34) 225; 1952 (47) 2890. 

Effect of amendment. — The amendment Fisheries for the former State Board of 
substituted the Division of Commercial Fisheries. 

§ 28-952. Licenses for fishing for nonfood fish; fees. 

Any person before fishing for or catching any nonfood fish shall procure from 
the Division of Commercial Fisheries a license authorizing such fishing and shall 
pay for such license the following tax : for each boat used in such fishing an amount 
equal to one dollar per net tonnage of such boat to be paid by each owner of such 
boat residing in this State, and a tax of two dollars per net tonnage of any boat 
owned and operated by nonresidents of this State. In addition an individual license 
tax of four dollars shall be paid by each nonresident fisherman engaged in fishing 
in the waters of this State. The net tonnage of any boat shall be determined by 
customhouse measurements. 

1942 Code § 3413; 1932 Code § 3413; 1922 (32) 984; 1936 (39) 1498; 1952 (47) 2890. 

Effect of amendment. — The amendment Fisheries for the former State Board of 
substituted the Division of Commercial Fisheries. 

§ 28-953. Application for such license. 

The captain or other officer of each boat before engaging in catching nonfood 
fish within any of the waters of this State shall make written application for a 
license to the treasurer of the county in which he intends to operate. The appli- 
cation shall be on a blank to be provided for by the Division of Commercial Fish- 
eries and the treasurer of such county shall collect the tax herein provided for 
and make a full report to the Board. 

1942 Code § 3413; 1932 Code § 3413: 1922 (32) 984; 1936 (39) 1498; 1952 (47) 2890. 

Effect of amendment. — The amendment Fisheries for the former State Board of 
substituted the Division of Commercial Fisheries. 

§ 28-954. Containers to have tax stamps affixed. 

All containers used in shipping raw shucked oysters must have affixed to them 
in a manner to be prescribed by the Division of Commercial Fisheries cancelled 
tax stamps to the amount of five cents for each gallon of raw shucked oysters con- 
tained therein, under penalty of punishment as herein provided. But no stamp tax 
shall be required of local shuckers on raw shucked oysters sold to local consumers 
in less than gallon quantities. 

1942 Code § 3369; 1932 Code § 3369; 1924 (33) 1016; 1952 (47) 2890. 

Effect of amendment. — The amendment Fisheries for the former State Board of 
substituted the Division of Commercial Fisheries. 

§ 28-957. Duties of county treasurer as to rentals, sale of tax stamps, etc. 

The several county treasurers shall sell fisheries tax stamps and tags, receive and 
collect all licenses and rents for leased bottoms and report all such receipts, sales 

VOLUME 3 141 



§ 28-958 Code; op Laws of South Carolina § 28-972 

and collections and also all defaults in the payment of rents of bottoms to the 
Division of Commercial Fisheries at the end of each month on forms furnished 
by the Division. For such services the county treasurer shall receive five per cent 
of the amount of such sales and collections. He shall deposit all such collections 
with the State Treasurer. 

1942 Code § 3373; 1932 Code § 3373; 1924 (33) 1016; 1937 (40) 295; 1952 (47) 2890. 

Effect of amendment. — The amendment Fisheries for the former State Board of 
substituted the Division of Commercial Fisheries. 

§ 28-958. Withdrawal of tax stamps by inspector. 

The county treasurer of each county having on hand tax stamps used in pur- 
suance of this chapter shall allow any inspector of the Division of Commercial 
Fisheries to draw not exceeding fifty dollars in tax stamps, taking the receipt of 
the inspector therefor. The inspector so drawing such tax stamps shall account 
to the treasurer for the tax stamps so drawn and pay over to the treasurer the 
money for the stamps sold by him within thirty days from the time the tax stamps 
were drawn. 

1942 Code § 3411; 1932 Code § 3411; 1925 (34) 225; 1929 (36) 213; 1952 (47) 2890. 

Effect of amendment. — The amendment Fisheries for the former State Board of 
substituted the Division of Commercial Fisheries. 

§ 28-960. Licensees to be furnished copies of regulations and fisheries law. 

The Division of Commercial Fisheries upon issuing authority to secure any li- 
cense under the provisions of this chapter shall furnish with such authority a copy 
of the printed rules and regulations of the Division and of the Coastal Fisheries 
Law. 

1942 Code § 3384; 1932 Code § 3384; 1924 (33) 1016; 1952 (47) 2890. 

Effect of amendment. — The amendment Fisheries for the former State Board of 
substituted the Division of Commercial Fisheries. 

§ 28-961. Revenues to be deposited with State Treasurer; exception. 

All revenues from taxes, licenses, fines and forfeitures, rentals or other sources 
derived from the fisheries or from the operation and enforcement of the Coastal 
Fisheries Law shall be deposited with the State Treasurer except that all fines 
and forfeitures for the violation of any of the Coastal Fisheries Law shall be paid 
to the treasurer of the county in which the violation occurs, if the case is brought 
by an officer of the State or county other than an inspector for the Division of 
Commercial Fisheries. 

1942 Code § 3383; 1932 Code § 3383; 1924 (33) 1016; 1947 (45) 576; 1952 (47) 2890. 

Effect of amendment.— The amendment Fisheries for the former State Board of 
substituted the Division of Commercial Fisheries. 

Article 14. 
Restricted Areas in Charleston County. 
§ 28-972. Restricted areas designated by markers. 

Day markers and buoys may be placed by or under the direction of the Division 
of Commercial Fisheries on the beaches and one mile off shore on the range of the 
respective lines herein designated which, when placed, shall control the range. But 
the absence of any such range markers or buoys shall not affect or impair the op- 
eration or enforcement of this article as the lines can be determined from U. S. 
Coast and Geodetic Survey Chart No. 1239, dated July 1930, and corrected to 
December 19 1935. The expense of erecting such range markers and buoys shall 
be defrayed by the Division. 

1949 (46) 209; 1950 (46) 2380; 1952 (47) 2890. 

Effect of amendment.— The amendment Fisheries for the former State Board of 
substituted the Division of Commercial Fisheries. 

142 



§ 28-976 1954 Cumulative Supplement § 28-987 

§ 28-976. Enforcement. 

The Division of Commercial Fisheries shall enforce the provisions of this article. 
1949 (46) 209; 1952 (47) 2890. 

Effect of amendment. — The amendment Fisheries for the former State Board of 
substituted the Division of Commercial Fisheries. 

Article 15. 
Sanitation Regulations in Horry County. 

§ 28-981. County health department to enforce article. 

In Horry County, the following regulations for commercial fisheries shall be of 
force and shall be enforced by the Horry County health department under the su- 
pervision of the State Board of Health. 

1953 (48) 441. 

§ 28-982. Article not applicable to private individuals. 

This article shall not apply to private individuals or persons who catch fish for 
their own consumption. 
1953 (48) 441. 

§ 28-983. Building- specifications for commercial fisheries. 

All persons operating or maintaining facilities for the catching of salt water fish 
for commercial purposes shall, before operating or catching or selling any such 
fish, construct a building located entirely above the high water mark of the Atlantic 
Ocean, with a permanent cover and a concrete or wood floor, the sides of which 
shall be enclosed by screen wire or other material sufficient to prevent the en- 
trance of flies, and sufficient doors of screen wire or other material shall be in- 
stalled so that flies cannot enter the building. Such building shall be not less than 
25 x 25 feet in size. There shall be provided in any such building adequate iced 
fish boxes or other refrigeration facilities approved by the State Board of Health 
to be used in the care of all fish stored in the building. 

1953 (48) 441. 

§ 28-984. Location of fishery must be approved; issuance of permit. 

No fishery location shall be established or operated until the location has been 
approved by the inspector of the State Board of Health or the health officer and 
a permit issued by him. Such inspector or health officer shall not approve any 
location for a fishery which is so located that it may be detrimental to the health 
or safety of the public depending upon the prevailing conditions at such location. 

1953 (48) 441. 

§ 28-985. Seines to be within 600 feet of fish house. 

No fishery operator shall place, or allow to be placed, his net or seine in the 
waters of the ocean at a distance greater than six hundred feet from the location 
of his fish house. 

1953 (48) 441. 

§ 28-986. Spoiled fish, refuse, scrap, etc. 

No fish shall be sold or offered for sale for human consumption which are in 
anywise spoiled or unfit for human consumption. No refuse fish shall be left on 
the strand at any time. All scrap or other fish not fit for human consumption shall 
be immediately buried at some location aboye high water mark at a depth approved 
by the sanitation officer assigned to the area. 

1953 (48) 441. 

§ 28-987. Rules and regulations. 

The executive committee of the State Board of Health may set up such rules 
and regulations as in its judgment may be necessary to carry out all of the terms,, 
conditions and provisions of this article. 

1953 (48) 441. 

143 



28-988 



Code oe Laws of South Carolina 



28-989 



§ 28-988. Penalties. 

Any person who shall violate any of the provisions of this article shall be guilty 
of a misdemeanor and shall be punished by a fine of not less than twenty-five dol- 
lars nor more than one hundred dollars or shall be imprisoned for a period of not 
less than ten days nor more than thirty days. 

1953 (48) 441. 

§ 28-989. Revocation of permit. 

The permit issued by the inspector or health officer shall be revoked for a period 
of thirty days in case of a second violation of any of the provisions of this article 
and upon a third violation such permit may be permanently revoked at the discre- 
tion of the local health authorities. 

1953 (48) 441. 

CHAPTER 9. 

Special Provisions for Certain Counties or Areas. 



Sec. 
28-1001 



Article 1. 
Cherokee County. 



[Repealed.] 

Article 2. 

Catawba- Wateree Fish and Game 

Commission. 

28-1013. Powers and duties. 
28-1014. [Repealed.] 
28-1015. Fishing regulations for area. 
28-1016. [Repealed.] 

Article 3. 
Lanier Lake. 

28-1031. Agreement respecting Lanier Lake. 

Article 5. 
Horry County Fish and Game Com- 
mission. 
28-1065. [Repealed.] 
28-1068. Fish and game seasons. 

Article 6. 

Colleton County Game and Fish 

Commission. 

28-1086. [Repealed.] 

28-1088. Other duties of Commission. 

Article 7. 

Duties of Lee County Legislative 

Delegation. 

28-1101. [Repealed.] 
28-1103. [Repealed]. 

28-1104. Cooperation with Division of 
Game. 

Article 8. 
Marion County Fish and Game 
Commission. 
28-1124. General powers and duties. 
28-1126. [Repealed.] 

Article 10. 
Pickens County Fish and Game 
Commission. 
28-1155. [Repealed.] 
28-1157. Cooperation with Division of 

Game. 
28-1158. Report on game wardens. 



Article 11. 
Spartanburg County Game and Fish 
Commission. 
Sec. 

28-1165 to 28-1169. [Repealed.] 
28-1169.2. Cooperation with the Division of 

Game. 
28-1169.3. [Repealed.] 

28-1169.4. Report on game wardens and 
technicians. 

Article 12. 

Williamsburg County Fish and Game 

Commission 

28-1175. Cooperation with Division of 

Game. 
28-1177, 28-1178. [Repealed.] 
28-1180. [Repealed.] 

Article 14. 
Catawba Lake Fishing Area. 

28-1202, 28-1203. [Repealed.] 

Article 14.1. 
Portions of Catawba River. 

28-1207. Fishing from boats, etc., in cer- 
tain areas prohibited. 
Article 15. 
Lake Marion, Lake Moultrie, etc. 
28-1211. Resident permits. 
28-1212. Nonresident permits; good in priv- 
ate ponds in Clarendon County. 
28-1213. [Repealed.] 

Article 16. 

Fishing in Certain Lakes in Game Zones 

Nos. 2 and 3. 

28-1221. Permits for resident to fish. 
28-1224. Sale of permits; use of receipts. 

Article 17. 

Fishing in Certain Lakes in Game Zone 

No. 2. 

28-1231. Resident permits. 
28-1233. Sale of permits; expenditure of 
receipts. 

Article 18. 

Fishing in and Hunting on Portions of 

Savannah River, Clark's Hill Reservoir 

and Steven's Creek Reservoir, 

Game Zone No. 2. 

28-1250. Resident permits. 



144 



§ 28-1001 1954 Cumulative Supplement § 28-1016 

Sec. Sec. 

28-1250.1. Nonresident fishing licenses. 28-1250.5. Amendments to such regulations; 

28-1250.2. When Georgia residents may fish additional regulations. 

in Clark's Hill Reservoir. 28-1250.6. Further or altered regulations. 

28-1250.3. Persons not required to have 28-1250.7. Use of receipts. 

permits. 28-1250.8. Penalties. 

28-1250.4. Regulations for fishing in such 28-1251 to 28-1258. [Repealed.] 

waters. 

Article 1. 
Cherokee County. 

§ 28-1001. Expenditure of game funds. 

Repealed by A. & J. R. 1952 (47) 2179. 
Cross reference. — See now § 28-12.1. 

Article 2. 
C 'atawba-JJ' 'ateree Fish and Game Commission. 

§ 28-1013. Powers and duties. 

The commission shall cooperate with the Department in the enforcement of all 
fishing laws and regulations within said counties and shall work under the direction 
of the Department in the enforcement of all rules and regulations herein provided. 

1949 (46) 335; 1952 (47) 2890. 

Effect of amendment. — The amendment fishing in waters of the Catawba and Wat- 
substituted the Department for the former eree rivers in cooperation with the for- 
Chief Game Warden and eliminated a sen- mer State Game Department, 
tence giving the Commission control of ' 

§ 28-1014. Employment of wardens, etc. 

Repealed by A. & J. R. 1952 (47) 2890. 

§ 28-1015. Fishing regulations for area. 

The following rules and regulations shall be enforced by the commission under 
the direction of and in cooperation with the Division of Game : 

(1) A license fee of one dollar and ten cents per year shall be paid by any 
person fishing within the aforesaid waters, one dollar of which shall go to the 
commission and ten cents to the person selling the license ; but persons fifteen years 
of age or under or sixty-five years of age or over shall be exempt from paying 
any such license fee ; 

(2) The size limit shall be bass ten inches, other game fish except bream six 
inches and bream five inches ; 

(3) Residents of the State must have resident anglers' licenses also, if fishing 
with artificial bait or manufactured tackle ; all nonresidents must have nonresident 
licenses regardless of the manner of fishing ; 

(4) Traps, wire baskets, seines and nets are prohibited; split baskets and trot- 
lines may be used for catching non-game fish if a metal non-game permit tag for 
each such basket or trotline has been procured from a game warden ; 

(5) Each person is allowed only five fishing canes at any time; and 

(6) All other State game and fish laws shall also be applicable in the area. The 
metal non-game permit tag referred to in item (4) of this section may be obtained 
from a game warden upon the payment, annually, of the sum of twenty-five cents 
for each split basket or trotline used. Such tag shall be attached to the split basket 
or trotline for which it is issued. 

1949 (46) 335; 1950 (46) 2208; 1952 (47) 2890. 

Effect of amendment. — The amendment a provision for a daily bag limit. For such 
substituted the Division of Game for the daily bag limit, see now § 28-589.1. 
former Chief Game Warden and eliminated 

§ 28-1016. Receipts from licenses and fines. 

Repealed by A. & J. R. 1952 (47) 2179. 

145 



§ 28-1031 Code of Laws op South Carolina § 28-1103 

Article 3. 
Lanier Lake. 

§ 28-1031. Agreement respecting Lanier Lake. 

The South Carolina Wildlife Resources Department may enter into an agree- 
ment with the owners of Lake Lanier, located in Greenville County, whereby the 
Department may take over the management of said lake and lake property for 
fisheries and hunting purposes and shall take the necessary steps toward restock- 
ing the same with fish, designating open and closed seasons for fishing and hunting 
thereon, making rules and regulations by which permits may be issued to persons 
for fishing and hunting thereon and in all other ways exercising complete control 
of the waters of said lake in such a manner that will most successfully restock, 
propagate and protect the fish and game in the lake for the benefit of the public in 
general. 

1942 (42) 1574; 1952 (47) 2890. 

Effect of amendment. — The amendment Resources Department for the former 
substituted the South Carolina Wildlife Fish and Game Department of the State. 

Article 5. 
Horry County Fish and Game Commission. 

§ 28-1065. Duties and powers ; game wardens. 

Repealed by A. & J. R. 1952 (47) 2890. 
§ 28-1068. Fish and game seasons. 

The commission shall cooperate with the Division of Game in supervision over 
the opening and closing of all fish and game seasons in Horry County, regulations 
in connection therewith and control thereof, insofar as is consistent with the statu- 
tory laws of the State. 

1946 (44) 1353; 1952 (47) 2890. 

Effect of amendment. — The amendment 
substituted the Division of Game for the 
former Chief Game Warden. 

Article 6. 

Colleton County Game and Fish Commission. 

§ 28-1086. Recommendations as to appointment of game wardens and sal- 
aries. 

Repealed by A. & J. R. 1952 (47) 2890. 

§ 28-1088. Other duties of commission. 

The commission shall also submit recommendations from time to time to the 
county legislative delegation concerning the opening and closing of the season for 
taking game and fish, shall cooperate with the game wardens in the enforcement 
of the law and shall conduct such educational programs in fish and game conserva- 
tion as it may determine to be proper. 

1950 (46) 2284; 1952 (47) 2890. 

Effect of amendment. — The amendment game warden and the filling of the va- 
eliminated a provision permitting the com- cancy thus created, 
mission to recommend the discharge of a 

Article 7. 
Ditties of Lee County Legislative Delegation. 

§ 28-1101. General duties. 

Repealed by A. & J. R. 1952 (47) 2890. 

§ 28-1103. Appointment of game wardens. 

Repealed by A. & J. R. 1952 (47) 2890. 

146 



§ 28-1104 1954 Cumulative Supplement 28-1169.2 

§ 28-1104. Cooperation with Division of Game. 

The county legislative delegation shall cooperate with the Division of Game and 
shall report semiannually to the Director of the Division the actions of all game 
wardens in Lee County. 

1949 (46) 408; 1951 (47) 389; 1952 (47) 2890. 

Effect of amendment. — The amendment gation to recommend the suspension or 
eliminated a provision permitting the dele- discharge of a game warden. 

Article; 8. 
Marion County FisJi and Game Commission. 

§ 28-1124. General powers and duties. 

The commission shall cooperate with the Division of Game in supervision over 
the opening and closing of all fish and game seasons in Marion County and regu- 
lations in connection therewith and control thereof, insofar as is consistent with the 
statutory laws of the State. 

1949 (46) 229; 1952 (47) 2890. 

Effect of amendment. — The amendment game in the county and changed the ref- 
eliminated a provision giving the commis- erence to "Division of Game" from the 
sion general supervision over fish and former "Chief Game Warden." 

§ 28-1126. Nomination of game wardens. 

Repealed by A. & J. R. 1952 (47) 2890. 

Article; 10. 
Pickens County Fish and Game Commission. 

§ 28-1155. Authority; nomination of game wardens. 

Repealed by A. & J. R. 1952 (47) 2890. 

§ 28-1157. Cooperation with Division of Game. 

The commission shall cooperate with the Division of Game in supervision, regu- 
lation and control, insofar as is consistent with the statutory laws of the State, 
of the opening and closing of all fish and game seasons in the county. 

1950 (46) 2035; 1952 (47) 2890. 

Effect of amendment. — The reference to 
the Division of Game was formerly to the 
Chief Game Warden. 

§ 28-1158. Report on game wardens. 

The commission shall report to the Department the actions of any game warden 
in the county and recommend suspension or discharge of any warden. 

1950 (46) 2035; 1952 (47) 2890. 

Effect of amendment. — The amendment 
eliminated a sentence providing for filling, 
vacancies. 

Article; 11. 

Spartanburg County Game and Fish Commission. 

§§ 28-1165 to 28-1169. General supervision by commission; game wardens 

and technicians. 

Repealed by A. & J. R. 1952 (47) 2890. 

§ 28-1169.2. Cooperation with the Division of Game. 

The commission shall cooperate with the Division of Game in supervising, regu- 
lating and controlling fishing and hunting and the closing of fish and game sea- 
sons in the county, insofar as is consistent with the laws of this State. 

1951 (47) 425; 1952 (47) 2890. 

Effect of amendment. — The commission the Chief Game Warden instead of the 
was formerly enjoined to cooperate with Division of Game. 

147 



§ 28-1169.3 Code of Laws op South Carolina § 28-1207 

§ 28-1169.3. Chief Game Warden to report monthly on finances. 

Repealed by A. & J. R. 1952 (47) 2890. 

§ 28-1169.4. Report on game wardens and technicians. 

The Commission shall report to the Department the actions of all game wardens 
and technicians in the county and recommend the suspension or discharge of any 
warden or technician. 

1951 (47) 425; 1952 (47) 2890. 

Effect of amendment. — The amendment on recommendations for suspension or dis- 
eliminated provisions authorizing the Com- charge. It also substituted the Depart- 
mission to fill vacancies and providing for ment for the former Chief Game Warden, 
the approval of the legislative delegation 

Article 12. 
Williamsburg County Fish and Game Commission. 

§ 28-1175. Cooperation with Division of Game. 

The commission shall cooperate with the Division of Game in supervising, reg- 
ulating and controlling fishing and hunting and the closing of fish and game sea- 
sons in the county insofar as is consistent with the laws of the State. 

1947 (45) 283; 1952 (47) 2890. 

Effect of amendment. — Formerly the reference to the Division of Game was to 
commission was given general supervision the Chief Game Warden. 
over fish and game in the county and the 

§§ 28-1177, 28-1178. Finances and nomination of game wardens. 

Repealed by A. & J. R. 1952 (47) 2890. 

§ 28-1180. Removal of wardens. 

Repealed by A. & J. R. 1952 (47) 2890. 

Article 14. 

Catawba Lake Fishing Area. 

§§ 28-1202, 28-1203. Wardens. 

Repealed by A. & J. R. 1952 (47) 2890. 

Article 14.1. 
Portions of Catawba River. 

§ 28-1207. Fishing from boats, etc., in certain areas prohibited. 

It shall be unlawful for any person to fish from a raft, boat or any other float- 
ing device in the following described areas on the Catawba River in York County : 

(1) An area lying downstream from the Catawba dam and power house of 
the Duke Power Company in York County, said area extending for a distance 
of approximately three hundred and seventy-five feet downstream from the south 
or downstream wall of the power house and extending from the east bank of the 
river to the southwestern corner of the dam ; and 

(2) An area on the upstream side of the power house extending for a distance 
of approximately one hundred feet from the northern or upstream wall of the 
power house and extending from the eastern bank of the pond to the western 
wall of the power house. 

This section shall not be construed to prevent fishing from any point on the 
rock pile situate below the India Hook Dam or on the banks adjacent to the areas 
above described. The term "banks adjacent to the areas above described" shall 
not include any part or extension of the dam. 

Any person violating the provisions of this section shall be guilty of a misde- 
meanor and upon conviction shall be fined not less than ten dollars nor more than 

148 



§ 28-1211 1954 Cumulative Supplement § 28-1224 

fifty dollars or imprisoned for not more than thirty days, in the discretion of the 
trial court. 

1952 (47) 2889. 

Article 15. 

Lake Marion, Lake Moultrie, etc. 

§ 28-1211. Resident permits. 

All residents of the State, before fishing in the waters of Lake Marion, Lake 
Moultrie, the Diversion Canal connecting" these lakes and the Tail Canal, shall 
purchase fishing permits from the Director of the Division of Game at a cost of 
one dollar and ten cents, good for the calendar year. 

1951 (47) 258; 1952 (47) 2890. 

Effect of amendment. — The permits were 
formerly issued by the State Game and 
Fish Commission. 

§ 28-1212. Nonresident permits ; good in private ponds in Clarendon County. 

The holder of such a temporary license may also fish in any private pond in 
Clarendon County during the time authorized above if the holder has the pond 
owner's permission. 

1953 (48) 217. 

Effect of amendment. — The amendment affected by the amendment and is there- 
added the foregoing paragraph. The re- fore not set forth above. 
mainder of the section was otherwise un- 

§ 28-1213. Use of permit receipts. 
Repealed by A. & J. R. 1952 (47) 2179. 

Article 16. 
Fishing in Certain Lakes in Game Zones Nos. 2 and 3. 

§ 28-1221. Permits for resident to fish. 

In addition to all other licenses or fees required by law to be paid, all residents 
of the State, before fishing in the waters of any artificial lake with an area in 
excess of forty-nine thousand acres and a shore line in excess of five hundred 
miles in Game Zones Nos. 2 and 3, shall purchase fishing permits from the Di- 
rector of the Division of Game at a cost of one dollar and ten cents. Such per- 
mit shall be good for the calendar year in which it is purchased. 

1951 (47) 271; 1952 (47) 2890. 

Effect of amendment. — Formerly the 
permit was secured from the State Game 
and Fish Department. 

§ 28-1224. Sale of permits; use of receipts. 

The Director of the Division of Game shall procure and distribute for sale the 
permits required by §§ 28-1221 and 28-1222 and each person selling either the 
resident or nonresident permits shall retain ten cents from the sale for handling 
and selling them and transfer the remainder to the Director. The Director shall 
expend this fund only upon the recommendation of three fourths of the total 
membership of the combined legislative delegations from the counties of Lexing- 
ton, Newberry, Richland and Saluda and the fund shall be used solely and ex- 
clusively for fish and game protection in any artificial lake with an area in excess 
of forty-nine thousand acres and a shore line in excess of five hundred miles in 
Game Zones Nos. 2 and 3. 

1951 (47) 271; 1952 (47) 2890. 

Effect of amendment. — Formerly the 
functions of the Director were exercised 
by the Chief Game Warden. 

149 



§ 28-1231 Code of Laws of South Carolina § 28-1250.1 

Article 17. 
Fishing in Certain Lakes in Game Zone No. 2. 

§ 28-1231. Resident permits. 

All residents of the State, before fishing in the waters of any artificial lake 
with an area of ten thousand acres or more in Game Zone No. 2, excepting 
Clark's Hill and that portion of Lake Murray which lies in Game Zone No. 2, 
or any other lake or reservoir built, owned or supervised totally or partially by 
the Federal Government, shall purchase fishing permits from the Director of the 
Division of Game at a cost of one dollar and ten cents the permit being good, for 
the calendar year. The provisions of this section shall not apply to any person 
fourteen years of age or younger, to any person over sixty-five years of age or 
to organized and supervised orphan groups. 

1951 (47) 438; 1952 (47) 2890. 

Effect of amendment. — Formerly the upon the State Game and Fish Commis- 
functions of the Director were devolved sion. 

§ 28-1233. Sale of permits ; expenditure of receipts. 

The Director of the Division of Game shall procure and distribute for sale the 
permits required by §§ 28-1231 and 28-1232 and each person selling either the 
resident or nonresident permits shall retain ten cents from the sale for handling 
and selling them and transfer the balance to the Director. The Director shall 
expend this fund only upon the recommendation of a majority of the house mem- 
bers from Greenwoodj Laurens and Nezvberry Counties and a majority of the 
Senators from these three counties and solely for game and fish protection and 
propagation in Lake Greenwood. 

1951 (47) 438; 1952 (47) 2890. 

Effect of amendment. — Formerly the upon the State Game and Fish Commis- 
functions of the Director were devolved sion. 

Article 18. 

Fishing in and Hunting on Portions of Savannah River, Clark's Hill Reservoir and 
Steven's Creek Reservoir, Game Zone No. 2. 

§ 28-1250. Resident permits. 

All residents of this State fishing in or hunting on the waters of the Savannah 
River between the Steven's Creek Dam and the highway bridge between Calhoun 
Falls, South Carolina, and Elberton, Georgia, including the waters impounded 
by the Steven's Creek Dam and the Clark's Hill Dam, all in Game Zone No. 2, 
shall purchase and have in possession while fishing or hunting permits which shall 
be issued by the Division of Game in the same manner as hunting and fishing 
licenses and permits issued by it and subject to the same laws as to the handling 
thereof. The charge for such permits shall be one dollar and ten cents, and the 
permit shall be good for the fiscal year in which issued. This permit shall be in 
addition to the regular angler's license required of those fishing with the artificial 
tackle and equipment designated in the laws relating to such anglers' licenses, and 
also in addition to the regular license required for hunting. 

1954 (48) 1560. 

Cross reference. — See § 28-886 size of net 
use in Savannah River catch shad. 

§ 28-1250.1. Nonresident fishing' licenses. 

Before fishing in any of the waters specified in § 28-1250, any nonresident, except 
a resident of Georgia licensed as required by §§ 28-1250.2 and 28-1250.6 in accord 
with a reciprocal agreement, shall obtain and have in possession either a temporary 
or annual nonresident fishing license, which the Division of Game shall issue to 
applicants. The temporary nonresident license shall authorize the holder thereof to 
exercise only the privilege of fishing in the waters of the area for a period of three 

150 



§ 28-1250.2 1954 Cumulative Supplement 28-1250.4 

consecutive days, to be specified on the license, and shall be issued to the applicant 
upon the payment of three dollars and ten cents therefor. The annual nonresident 
fishing license shall be issued to the applicant according to the provisions of § 28- 
552.2. There shall be no other licenses or permits required for fishing by the 
holders of either the temporary or annual nonresident licenses mentioned above. 
The manner of issuance and handling of these nonresident licenses shall be the same 
as provided for the issuance of the other licenses and permits issued by the Director 
of the Division of Game and subject to the same laws forbidding postdating and 
other provisions governing the issuance and handling of the same. 
1954 (48) 1560. 

§ 28-1250.2. When Georgia residents may fish in Clark's Hill Reservoir. 

Notwithstanding any of the foregoing, the Director of the Division of Game may 
negotiate a reciprocal agreement with the authorities of the State of Georgia whereby 
any resident of Georgia properly licensed by that State may fish anywhere in the 
Clark's Hill Reservoir, but not in Steven's Creek backwater, with no other license 
being required, if any resident of South Carolina, properly licensed by South Caro- 
lina, shall be permitted the same privilege of fishing anywhere in the Clark's Hill 
Reservoir, with no other license being required. 

1954 (48) 1560. 

Rules and regulations promulgated under Regulations, Wildlife Resources Commis- 
authority of this section, see Rules and sion, State, in Volume 7. 

§ 28-1250.3. Persons not required to have permits. 

The provisions of § 28-1250 shall not apply to any person twelve years of age or 
younger, to any resident person sixty-five years of age or over or to any resident 
organized or supervised orphan groups. 

1954 (48) 1560. 

§ 28-1250.4. Regulations for fishing in such waters. 

The regulations for fishing in the waters specified in § 28-1250 shall be as 
follows, unless ch