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What are lawful fences.

When navigable

inciosure.

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SECTION 1. That all fences closely and strongly made of rails, boards, or posts and rails, or of an embankment of earth capped with rails or timber of any sort, or live hedges, five feet in height, measured from the level or surface of the earth, shall be taken and deemed to be lawful fences; and every planter shall be bound to keep such lawful fence around his cultivated grounds, except where stream is lawful some navigable stream or deep water course shall be a boundary of such cultivated grounds, in which case such navigable stream or 712, 11, 98, water course shall be deemed a sufficient fence: Provided, always, That, before he avails himself of the provisions of this Section, he shall apply to a Trial Justice of the County, who shall, from the names of seven freeholders of the vicinage, draw, by lot, three, who are hereby required to view the premises, and pronounce upon the sufficiency of the said water as an inclosure, according to the true intent and meaning of this Section.

1694, 81, II, 2 1;

1; 1827, VI,351,

21.

Horses, &c.,

may be seized if

1866, XIII, 414,

3.

10 Rich., 227.

SEC. 2. If any horses, mules, cattle, hogs, sheep or goats, shall breaking in, break into or be found in any field, in which shall be growing, or fence is lawful. ungathered, any grain, cotton or vegetable production, raised for 1b. 3322 market or domestic consumption, the said field being inclosed with a lawful fence according to the provisions of this Chapter, it shall be lawful for the owner of such field to seize such horses, mules, cattle, hogs, sheep or goats, and to keep them in confinement until he shall have notified, within six hours after such seizure, the owner, or his or her agent, who shall be bound to pay to the owner of such field all damages which he or she may have sustained thereby; but if it fence be unlaw- should appear that the fence inclosing such field is not a lawful fence, then the verdict shall be for the defendant.

ful.

Otherwise, if

Penalty for in

trespassing

SEC. 3. If any person whose fields are not inclosed by a lawful juring animals fence shall kill, wound, maim, chase, worry, or in any manner inwhere fence is jure, any horses, mules, cattle, hogs, sheep or goats, which shall be not lawful. found in such field, whether cultivated or not, or shall cause or procure the same to be done by any other person, such person, so offending, shall be liable to an action, and the plaintiff shall recover full satisfaction for the injury, with costs, if the verdict exceed four dollars.

1827, VI, 332, $3.

SEC. 4. The foregoing Sections of this Chapter shall not apply to the Islands of Edisto, Wadmalaw, John's Island and James' Island, and fences shall not be required to be kept around cultivated grounds on the said island.

Provisions not applicable to cei

tain Islands. 1, 2.

1866. XIII, 414,

TITLE XII.

OF THE REGULATION OF TRADE IN CERTAIN CASES.

CHAPTER LI. Of the Inspection and Sale of Provisions and other

Merchandise.

LII. Of Auctions and Vendues.

LIII. Of Weights and Measures.

LIV. Of Shipping and Pilotage.

LV. Of Money, Bills of Exchange, and Promissory Notes.

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OF THE INSPECTION AND SALE OF PROVISIONS AND OTHER MER

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No deduct on in

lowe 1.

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SECTION 1. That the custom of making a deduction from the ture, &c., al actual weight of bales of unmanufactured cotton, as an allowance 1846. X 1,868, 21. for tare or draft thereon, is abolished; and all contracts made in relation to such cotton shall be deemed and taken as referring to the true and actual weight thereof, without deduction for any such tare or draft.

Rate of storage.

SEC. 2. That the rates of storage of cotton shall not exceed twelve

155, VII,121,21. and a half cents per week for each bale of cotton.

Flour.

City Council of Charleston to

office, &c.

1851,XII.317.§ 2.

SEC. 3. That the City Council of Charleston shall, on or before appoint Inspec- the twenty-fifth day of December, A. D. 1872, and on or before tor of term of the same day in every second year thereafter, appoint a competent 1850, XII, 9:28; person as Inspector of Flour for the city of Charleston, who shall 18. C,N. 8., 1. hold his office for two years, and who shall give bond to the State of South Carolina, with good security, to be approved by the City Council of Charleston, in the penal sum of two thousand dollars, conditioned for the faithful discharge of the duties of the said office.

Flour, &c. to be

sale.

SEC. 4. It shall not be lawful to sell in the city of Charleston any inspected before barrel, half barrel, or bag of flour or meal, of wheat, rye or corn, 156), XII, 8, ¿ 1. unless the same shall have been first submitted to the view and examination of the Inspector of the aforesaid city, and by him examined in some lot, street or warehouse, open and accessible to all

Not to apply to

for

export.
1868, XIV, 107,

persons: Provided, however, That flour of wheat, rye or corn, four, &e, manufactured in the city of Charleston for export to any other port or ports beyond the limits of the State, shall not be liable to in- §. spection in the said city of Charleston.

Regulations as

1850, XII, 8, 2.

SEC. 5. Each and every cask or barrel containing flour or meal of wheat, rye or corn, brought into or manufactured in the city of to barrels, &C. Charleston, for sale, shall be well made, of good seasoned materials, and sufficiently hooped and nailed; and all casks or barrels not made as aforesaid, and not in merchantable condition, but capable of being made so at a reasonable expense, the said Inspector shall cause to be repaired, and put in merchantable condition, at the expense of the owner thereof.

SEC. 6. Each and every barrel submitted for inspection, as aforesaid, shall contain such quantity of flour or meal as, upon inspection, shall be found to be of the net weight of one hundred and ninety-six pounds; and each and every half barrel shall contain such quantity as shall be of the net weight of ninety-eight pounds; and all barrels or half barrels containing a less quantity than as aforesaid, the said Inspector shall cause to be made of full weight, at the expense of the owners thereof.

SEC. 7. Every cask or bag of flour or meal, submitted to the view and examination of the Inspector as aforesaid, shall by him be searched and tried, by boring on the head and piercing it through with an instrument by him to be provided; and he shall, afterwards, plug the same with soft seasoned wood, to prevent the entrance of water therein; and, if the Inspector shall judge the same to be merchantable, he shall brand every such cask or bag with the word "Charleston," and shall brand the degrees of fineness of which he shall, on inspection, determine the said flour or eal to be, in letters of half an inch in length, which degree shall be distinguished as follows, to wit: "Family," "Extra," "Super," "Fine," "First Middlings," or "Second Middlings," "Ship Stuff," "First Rye," "Second Rye," "First Corn," or "Second Corn," as the case may be; but if, on examination, it proves unsound, then he shall mark the cask or bag with the Broad Arrow.

To contain what

quntity, &c.

1,53.

Manner of ir. speeting: brandof brands.

ing; designation

T. 4; 186, i866. XIII, 432.

Ib.. 2
XII, 547, 21:

Inspector's fees. 1854, XII.316,21;

SEC. 8. The Inspector shall be allowed not more than two and a half cents per package for inspecting, which shall be paid by the 1850, XII, 8,4; owner thereof, or his agent.

1866, XIII, 432.

Penalty for of

flour, &c., not inspected.

SEC. 9. No barrel, half barrel, or bag of flour or meal, not examined and inspected, as aforesaid, shall be offered for sale, under fering for sale the penalty of five dollars for each and every barrel, half barrel, or bag of flour or meal so offered for sale, to be paid by the seller thereof.

1850, XII, 8, 24

For altering

brands, &c. lb., 25.

For interfering

SEC. 10. If any person shall alter, erase, or deface the mark or brand made by the Inspector, on any barrel, half barrel, or bag of flour or meal, or shall brand any barrel, half barrel, or bag of flour or meal, which has not been inspected, with a mark or brand, similar to, or in imitation of the Inspector's mark or brand, or shall repack a barrel, half barrel, or bag of flour or meal previously inspected, without first erasing the Inspector's marks thereon, the person so offending shall forfeit and pay, for each and every such offence, the sum of fifty dollars.

SEC. 11. If any person shall prevent, or attempt to prevent, the with Inspector Inspector from exercising the duties assigned to him, he shall forfeit and pay, for every such offence, the sum of twenty dollars.

Ib., 26.

For Inspector's

sale.

SEC. 12. The Inspector of flour and meal shall not purchase, purchasing for either directly or indirectly, any flour or meal, for sale, under the penalty of ten dollars for each and every barrel, half barrel, or bag of flour or meal by him so purchased and sold.

I., § 7.

Inspector may appoint deputy, when.

ib., % 9.

To take oath, &c.

Ib., 10.

Disposition of fines, &c.

Io., 11.

Flour, &c.. in transit not sub

tion.

SEC. 13. In case of sickness, or temporary absence of the Inspec tor, or, if necessary for the convenient dispatch of the duties of his office, he is hereby empowered to appoint a Deputy, to act for him during such sickness, absence, or such time as he may think proper, who shall also be made liable to the same penalties, and shall take the oath hereinafter prescribed.

SEC. 14. The Inspector of flour and meal, under this Chapter, shall, before he proceeds to perform the duties, make oath or affirmation, as the case may be, before the Clerk of the Court of Common Pleas, that, without fear, favor, or affection, malice, partiality, or respect of persons, he will diligently and carefully examine and inspect, to the best of his skill and ability, all flour or meal offered to him for inspection, and that he will brand, or cause to be branded as merchantable, all barrels, half barrels, or bags of flour or meal that do not appear sufficiently sweet and sound, and no other, according to the best of his knowledge and judgment; and also the oath provided in the Constitution.

SEC. 15. All fines and forfeitures incurred under the foregoing provisions shall be recovered by indictment, and appropriated, onehalf to the informer, and the other half to the use of the State.

SEC. 16. That no flour merely passing through the city of Charlesject to inspec- ton, from any place in this or any other State, to another port or 1856, XII,548,22. place out of this State, shall be required to be inspected in the said city of Charleston, provided such flour be distinctly marked before it comes into the said city, upon the barrels or bags, with the name of the place from whence it comes, and the name of the port or place of its destination, with the words "in transit" between the names of the said two places.

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